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PC 2020/02/19 City of Anaheim Planning Commission Agenda Wednesday, February 19, 2020 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairperson: Michelle Lieberman • Chairperson Pro-Tempore: Kimberly Keys • Commissioners: John Armstrong, Natalie Meeks, Rosa Mulleady, Dave Vadodaria, Steve White • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, February 13, 2020, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 02-19-2020 Page 2 of 4 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or provide public comments on agenda items with the exception of public hearing items. 02-19-2020 Page 3 of 4 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2018-05990 VARIANCE NO. 2019-05130 (DEV2018-00130) Location: 3111 West Orange Avenue Request: The applicant requests approval of a conditional use permit to permit and retain a church within an existing two- story office building and a variance to permit an existing 6-foot high wrought iron fence which is higher than permitted by the Zoning Code. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Wayne Carvalho wcarvalho@anaheim.net ITEM NO. 3 ZONING CODE AMENDMENT NO. 2020-00169 (DEV2020-00001) Adjustment No. 2 to the Beach Boulevard Specific Plan No. 2017-1 (SPN2017-00001B) Location: Citywide Request: A City-initiated Zoning Code Amendment to reflect recent changes in State law related to Accessory Dwelling Units. The proposed amendment would modify Chapters 18.04 (Single-Family Residential Zones); 18.06 (Multiple-Family Residential Zones); 18.14 (Public and Special-Purpose Zones); 18.36 (Types of Uses); 18.38 (Supplemental Use Regulations); 18.40 (General Development Standards); 18.42 (Parking and Loading); 18.92 (Definitions); and 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code. Environmental Determination: The Planning Commission will consider whether the proposed action is exempt from the requirements to prepare additional environmental documentation per Public Resources Code Section 21080.17 and California Environmental Quality Act (CEQA) Guidelines Sections 15061(b)(3); 15301, Class 1 (Existing Facilities); and, 15303, Class 3 (New Construction or Conversion of Small Structures). Motion Project Planner: Lisandro Orozco lorozco@anaheim.net 02-19-2020 Page 4 of 4 Adjourn to Monday, March 2, 2020 at 5:00 p.m. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 1:00 p.m. February 12, 2020 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: FEBRUARY 19, 2020 SUBJECT: CONDITIONAL USE PERMIT NO. 2018-05990 AND VARIANCE NO. 2019-05130 LOCATION: 3111 West Orange Avenue (Beautiful Community Church) APPLICANT/PROPERTY OWNER: The applicant/property owner is the Beautiful Community Church, represented by Joseph Lee. The agent representing the church is Myung Chung of CMC Architects and Engineers. REQUEST: The applicant requests approval of a conditional use permit to permit and retain a church within an existing two-story office building and a variance to permit an existing 6-foot high wrought iron fence which is higher than permitted by the Code. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt under the California Environmental Quality Act, Section 15301, Class 1 (Existing Facilities), and approving Conditional Use Permit No. 2018-05990 and Variance No. 2019- 05130. BACKGROUND: This 0.55-acre property is developed with a 8,769 square foot two-story office building which is currently occupied by the Beautiful Community Church. The property is accessible by two separate driveways on Orange Avenue. The church has been at this location since January of 2018 and has an overall membership of approximately 35 people. The request for a conditional use permit resulted from a Code Enforcement violation notice requiring the church obtain a City business license. The surrounding land uses include a medical office building to the east, single-family residences to the north and west across a flood control channel, and the Twila Reid Park to the south across Orange Avenue. The General Plan designates this property for Office – Low land uses and is zoned “C-G” General Commercial. CONDITIONAL USE PERMIT NO. 2018-05990 AND VARIANCE NO. 2019-05130 February 19, 2020 Page 2 of 5 PROPOSAL: The applicant requests to permit and retain a 8,769 square foot church within an existing two-story office building. The first floor consists of bible study classrooms, offices, restrooms, a central lobby, and an 860 square foot worship hall with 60 seats. The second floor is entirely occupied with offices used by the church. No subleasing of office space is occurring nor are there future plans to sublease office space to a separate tenant. The church has two employees consisting of the pastor and an administrative assistant. There are approximately 35 members (20 families) in the congregation. The church offers Sunday services at 9 a.m. and 11 a.m. Approximately 8-10 adults attend a Thursday night Bible study from 7 p.m. to 9 p.m. and approximately 8-10 attend Saturday night choir practice. The applicant also requests to retain an existing 6-foot high wrought iron fence with pedestrian and vehicle access gates within the front setback. The fence and gates were erected over a year ago and are placed between zero and approximately three feet from the front property line. The Anaheim Municipal Code allows a maximum fence height of three feet within the front setback. The minimum front setback in the C-G zone is 15 feet. FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. Churches are within the “Community and Religious Assembly” class of use in the Municipal Code. The Code permits Community and Religious Assembly uses in the General Commercial Zone, subject to approval of a conditional use permit to ensure compatibility with the surrounding area. The City has not received any complaints regarding the religious services since the church began operating in 2018. The use operates in a manner compatible with surrounding medical office and residential uses, and staff does not anticipate that the use would create any adverse impacts to the surrounding area. Conditions of approval have been included in the draft resolution to ensure that the church continues to operate in a compatible manner. These conditions would require that all parking occur on-site, prohibit a school use, or prohibit a daycare or preschool other than Sunday school during church services, without prior approval of a conditional use permit. CONDITIONAL USE PERMIT NO. 2018-05990 AND VARIANCE NO. 2019-05130 February 19, 2020 Page 3 of 5 The church provides 42 parking spaces in two parking lots. The Municipal Code does not specify a parking standard for Community and Religious Assembly uses; instead, staff reviews a Parking Letter or Parking Study, submitted by the applicant, which identifies the actual parking demand of the church to determine whether there is an adequate supply of parking for the use. The applicant submitted the attached Parking Tabulation Worksheet which is part of the Operations Plan (Attachment 4), indicating the parking demand for their Sunday services and ancillary uses on the weekdays. Parking counts were conducted over a five-week period between September 1, 2019 and October 5, 2019, including five Sundays. As seen in the following table, the parking demand for Sunday services over that five-week period did not exceed 27 spaces. Sunday Parking Counts for Beautiful Community Church Date Spaces Occupied Sunday, September 1, 2019 25 Sunday, September 8, 2019 22 Sunday, September 15, 2019 23 Sunday, September 22, 2019 23 Sunday, September 29, 2019 27 The applicant’s Operation Plan also indicates that other activities occurring throughout the week did not demand more than 10 parking spaces. Based on this parking information, staff determined that there is sufficient parking for the church services and the ancillary uses during the week. Variance: The Planning Commission may grant the requested variance upon a finding that the evidence presented shows that all of the following conditions exist: 1) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; 2) That, because of special circumstances shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. A variance recognizes that there may be individual properties that, because of size, irregular shape, or unusual topography, cannot be reasonably developed if all the development standards for the zone are strictly applied. The applicant is requesting to retain 6-foot high wrought iron fencing within the required 15-foot front setback along the Orange Avenue, where a maximum 3-foot high fence is allowed within this setback area. The small size of the property, in addition to the triangular shape of the lot, makes it difficult to meet all of the development standards related to security fencing within the front setback area. The applicant indicates that the fencing and gates would continue to provide needed security for the church property. The applicant provided a letter (Attachment 3) stating that the church has experienced a significant amount of trespassing on their property from homeless individuals since purchasing the property in 2018. The applicant’s letter also stated that the fencing and gates would be compatible with the existing wall and fence located along the front property line of the property to the east of the church. The fencing and gates are designed as open wrought iron fencing with enough landscaping in front of the fencing to screen the fencing and parking lots from view of the street (see site plan below). A condition of approval has been included in the draft resolution ordinance requiring the submittal of a landscape plan to CONDITIONAL USE PERMIT NO. 2018-05990 AND VARIANCE NO. 2019-05130 February 19, 2020 Page 4 of 5 Planning Department staff depicting planting material within the areas between the fence and back of sidewalk to ensure that the fence and parking lot are adequately screened from view of the street. According to the applicant, the fencing and gates have helped to secure the property and prevented trespassing and trash accumulation from occurring on the property. In addition, the reduced setback of the fence from the front property line would preserve the parking, landscaping, and pedestrian access improvements behind the fencing while providing the much needed security. Lastly, staff and the applicant identified other religious uses in the City that have fences located in the front setback that are six feet in height. Both St. Boniface Catholic Church on Harbor Boulevard and the Islamic Institute of Orange County on State College Boulevard have six-foot high fences within the front setback. St. Boniface Catholic Church CONDITIONAL USE PERMIT NO. 2018-05990 AND VARIANCE NO. 2019-05130 February 19, 2020 Page 5 of 5 Islamic Institute of Orange County At the last Planning Commission meeting on February 3, 2020, St. John the Baptist Greek Orthodox Church on Dale Avenue also received approval of a variance for a six-foot fence within the front setback where a 25-foot setback was required and an 8-foot setback was approved. The Planning Commission granted the variance based on similar findings for security while maintaining the character and compatibility with surrounding properties. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within the Class 1 (Existing Facilities) Categorical Exemption. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination. The proposed project is a request to retain a church within an existing two-story office building and a variance to permit an existing 6-foot high wrought iron fence within the front setback. As such, the proposed project meets the criteria for a Class 1 categorical exemption. Pursuant to Section 15300.02 (c) and 15303 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is categorically exempt from the provisions of CEQA. CONCLUSION: The continued use of the office building for a church use and retaining the existing 6-foot high wrought iron fence and gates within the front setback would not be detrimental to the surrounding neighborhood and is designed to be compatible with the surrounding properties. Based on the justification described above, staff supports this request and recommends approval of the conditional use permit and variance requests. Prepared by, Submitted by, Wayne Carvalho David See Contract Planner Principal Planner Attachments: 1. Draft Resolution 2. Site Plan, Floor Plans 3. Variance Justification 4. Operations Plan and Parking Demand 5. Site Photographs C-G DEV 2018-0013 0 OFFICE SP 2017-1 P-R TWILA REID PARK SP 2017-1 P-R TWILA REID PARK T (MHP) CHEROKEE MOBILEHOME PARK SP 2017-1 (MHP) R-LM CHEROKEE MOBILEHOME PARK C-G MEDICAL OFFICE O-L NURSING HOME T SINGLE FAMILY RESIDENCE T SINGLE FAMILY RESIDENCE T NURSING HOME O.C.F.C.D. RS-2 SINGLE FAMILY RESIDENCE RS-2 SINGLE FAMILY RESIDENCE RS-2 SINGLE FAMILY RESIDENCE RS-2 SINGLE FAMILY RESIDENCE RS-3 SINGLE FAMILY RESIDENCE RS-3 SINGLE FAMILY RESIDENCE RS-3 SINGLE FAMILY RESIDENCE RS-3 SINGLE FAMILY RESIDENCE RS-3 SINGLE FAMILY RESIDENCE RS-3 SINGLE FAMILY RESIDENCE RS-3 SINGLE FAMILY RESIDENCE R S -3 S I N G L E F A M I L Y R E S I D E N C E RS-3 SINGLE FAMILY RESIDENCE RS-2 SINGLE FAMILY RESIDENCE RS-2 SINGLE FAMILY RESIDENCE O.C.F.C.D. RS-3 SINGLE FAMILY RESIDENCE W ORANG E AVE W VA LLEJO DR W LINDACITA LN S P A R K V I E W S T W W E S T H A V E N D R W BR ID GE POR T AV E S L O M A L I N D A D R S G R A N D A V E S W E S T H A V E N C I R W. BALL RD W. LINCOLN AVE W. ORANGE AVE S . D A L E A V E S . K N O T T A V E S . W E S T E R N A V E S . B E A C H B L V D N . D A L E A V E .BALL RD W. LINCOLN AVE 3 1 1 1 W e s t O r a n g e A ve n u e D E V N o . 2 0 1 8 -0 0 1 3 0 Subject Property APN: 135-374-01 °0 50 100 Feet Aeria l Ph oto : Ma y 2 01 8 W ORANG E AVE W VA LLEJO DR W LINDACITA LN S P A R K V I E W S T W W E S T H A V E N D R W BR ID GE POR T AV E S L O M A L I N D A D R S G R A N D A V E S W E S T H A V E N C I R W. BALL RD W. LINCOLN AVE W. ORANGE AVE S . D A L E A V E S . K N O T T A V E S . W E S T E R N A V E S . B E A C H B L V D N . D A L E A V E .BALL RD W. LINCOLN AVE 3 1 1 1 W e s t O r a n g e A ve n u e D E V N o . 2 0 1 8 -0 0 1 3 0 Subject Property APN: 135-374-01 °0 50 100 Feet Aeria l Ph oto : Ma y 2 01 8 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2020-*** RESOLUTION NO. PC2020-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05990 AND VARIANCE NO. 2019-05130 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00130) (3111 WEST ORANGE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2018-05990 to permit and retain a church within an existing two-story office building and Variance No. 2019-05130 to permit an existing 6-foot high wrought iron fence within the required front setback which is higher than permitted by the Code on certain real property located at 3111 West Orange Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the property is approximately 0.55 acres in size and is developed with a two story office building. The Property is located in the "C-G" General Commercial Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (“Code”). The Land Use Element of the Anaheim General Plan designates the Property for Office Low land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 19, 2020 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2018-05990 and Variance No. 2019-05130 (the "Proposed Project"), and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the - 2 - PC2020-*** CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2018-05990, does find and determine the following facts: 1) The Proposed Project is an allowable use within the "C-G" General Commercial Zone under subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C-G" General Commercial Zone. 2) The Proposed Project, under the conditions imposed, will not adversely affect the surrounding land uses and the growth and development of the area because the Property is developed with an office building and there are a sufficient amount of parking spaces to accommodate the parking demand for the church use. 3) The size and shape of the Property is adequate to allow the full operation of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare because the church is located within an existing office building and a sufficient number of on-site parking spaces and adequate vehicle circulation are provided on- site. 4) The traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site will not exceed the anticipated volumes of traffic on the surrounding streets to accommodate the use. 5) The granting of Conditional Use Permit No. 2018-05990 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission does further find and determine that the request for Variance No. 2019-05130 to exceed the maximum fence height within the required front setback should be approved for the following reasons: SECTION NO. 18.46.110.030 Permitted fence height within the required front setback. (3 feet permitted; 6 feet proposed) - 3 - PC2020-*** 1) There are special circumstances applicable to the Property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. Due to the irregular shape of the subject Property adjacent to an existing flood channel (triangular lot with narrow lot depth at the west end), strict application of the development standards creates a hardship for the Proposed Project. In addition, the location of the Project site adjacent to the Twila Reid Public Park across Orange Avenue and the flood control channel to the north have posed a hardship on adequately securing the site from trespassers. The proposed fencing is designed to provide security for the church site while remaining compatible with the surrounding community. 2) That, because of the special circumstances identified above, strict application of the Zoning Code would deprive the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In addition to providing needed security, the character and design of the fencing and gates, as well as the installation of new landscaping, would be complimentary with the design of the church and similar with the surrounding area. and; WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. 2018-05990 and Variance No. 2019-05130 contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property for which Conditional Use Permit No. 2018-05990 and Variance No. 2019-05130 is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. - 4 - PC2020-*** BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 19, 2020. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2020-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on February 19, 2020, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of February, 2020. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2020-*** - 7 - PC2020-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2018-05990 AND VARIANCE NO. 2019-05130 (DEV2018-00130) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 1 The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 45- feet in width from the centerline of Orange Avenue along the property’s frontage for road, public utilities and other public purposes. Public Works Department, Development Services 2 The legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. Public Works Department, Development Services OPERATIONAL CONDITIONS OF APPROVAL 3 Gates shall remain open during business hours. Public Works Department, Traffic Engineering 4 That curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works Department, Traffic Engineering 5 That prior to final building and zoning inspection, fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Public Works Department, Traffic Engineering 6 The only school activity in connection with this church shall be related to religious services/Sunday school, prayer meetings, or Bible studies. This facility shall not be used as a private daycare, preschool, elementary, junior and/or senior high school. Planning and Building Department, Planning Services Division 7 The church facility shall operate in accordance with the Letter of Operation submitted as part of the application. Any changes to the facility’s operation described in the Letter of Operation shall be subject to review and approval by the Planning Director to determine substantial conformance with said letter and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division GENERAL 8 Within 60 days of the date of approval, the applicant shall submit plans and complete a Building Code analysis for occupancy changes and any tenant improvements within the subject building. In addition, all proper building permits shall be obtained for the church within 120 days of the date of this approval. Planning and Building Department, Planning Services and Building Divisions - 8 - PC2020-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 That prior to final building and zoning inspection, an automatic fire sprinkler system shall be designed, installed and maintained in all structures as required by the Fire Department. Fire Department 10 That prior to final building and zoning inspection, a fire alarm system shall be designed, installed and maintained as required by the Fire Department. Fire Department 11 That prior to final building and zoning inspection, lockable pedestrian and/or vehicular access gates shall be equipped with Knox devices as required and approved by the Fire Department. Fire Department 12 All remaining fees/deposits required by Public Works department must be paid in full. Public Works Department, Development Services 13 Final landscaping plans in compliance with all Code requirements shall be submitted for review and approval by the Planning and Building Director or his/her designee. Said landscape plan shall comply with Chapters 10.19 (Landscape Water Efficiency) and 18.46 (Landscaping and Screening) of the City’s Municipal Code. The submitted plans shall also include details for all proposed walls, fences, and gates. Planning and Building Department, Planning Services Division 14 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 15 The subject property shall be developed, operated and maintained substantially in accordance with the plans and specifications submitted to the City of Anaheim by the applicant for CUP2018- 05990 and VAR2019-05130. Planning and Building Department, Planning Services Division - 9 - PC2020-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 16 Approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Planning and Building Department, Planning Services Division 17 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 18 All new landscaping shall be installed in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code and shall be maintained in perpetuity. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning and Building Department, Planning Services Division A T T A C H M E N T N O . 2 ATTACHMENT NO. 3 ATTACHMENT NO. 4 SITE PHOTOGRAPHS EAST ELEVATION ALONG ORANGE AVENUE FRONTAGE SOUTH ELEVATION ATTACHMENT NO. 5 WEST PARKING LOT EAST PARKING LOT SAMPLE CHURCHES WITH FENCES IN FRONT YARD ISLAMIC INSTITUTE OF ORANGE COUNTY SAINT BONIFACE CATHOLIC CHURCH 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: FEBRUARY 19, 2020 SUBJECT: ZONING CODE AMENDMENT NO. 2020-00169 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code (AMC or Code) in response to recent changes to State law pertaining to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (J-ADU). RECOMMENDATION: Staff recommends that the Planning Commission, by motion, recommend that the City Council determine that the proposed draft ordinance (Attachment 1) is statutorily exempt from the California Environmental Quality Act (CEQA) per Public Resources Code Section 21080.17 and CEQA Guidelines Sections 15282(h), 15061(b)(3), 15301, and 15303; and, that the City Council adopt the proposed ordinance. BACKGROUND: The Code describes an ADU as: An attached or detached residential dwelling unit on a lot zoned for residential use, which provides complete independent living accommodations and facilities for one or more persons, which includes permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as a legally established single- family dwelling. An Attached Accessory Dwelling Unit is attached to the main dwelling unit, having at least one common wall and a common roof with the main dwelling unit. A Detached Accessory Dwelling Unit is detached from the main dwelling unit. The State legislature first adopted regulations for ADU in 1982. As a result, the City has allowed ADU in single-family zones, in some form or another, since the early 1980s. The State legislature adopted subsequent amendments to the original law in 1986, 1990, and 1994. Under these earlier regulations, municipalities could require a conditional use permit for ADU. In 2000, the State legislature approved Assembly Bill (AB) 1866, which prohibited municipalities from requiring a conditional use permit for ADU. In response to AB 1866, the City Council adopted regulations for ADU in accordance with State law, including allowing ministerial approval of ADU. This was completed as part of the General Plan update and associated comprehensive Zoning Code Amendment in 2004. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ZONING CODE AMENDMENT NO. 2020-00169 February 19, 2020 Page 2 of 8 In 2016, the State legislature passed three bills related to ADU: Senate Bill (SB) 1069, AB 2299, and AB 2406. In response to these changes in State law, City Council adopted a new ADU Ordinance in 2017 that implemented provisions from State law but also included provisions to ensure newly constructed ADU were architectually compatible with the main dwelling unit and provided quality housing for ADU residents. On October 9, 2019, Governor Gavin Newsom signed into law AB 68 and AB 881, which made further changes to existing ADU regulations in California Government Code Sections 65852.2 and 65852.22 in an effort to help increase the state’s affordable housing supply. Implementation of AB 68 and AB 881 became mandatory for municipalities as of January 1, 2020. Municipalities have the option to default to State law for regulations of ADU or they have the option of adopting their own ordinance as the legislation also gives municipalities a minimal amount of discretion when adopting respective ADU ordinance. The following summarize these bills. Junior Accessory Dwelling Units: In 2016, the State legislature passed AB 2406, to allow local municipalities the option to create a new class of ADU called Junior Accessory Dwelling Unit (J- ADU). The City elected not to implement the optional provisions of AB 2406. With the adoption of AB 68, the City is now required to allow J-ADU. State law defines and regulates a J-ADU as described and illustrated below: • Located entirely within the footprint of existing home, • Includes an efficiency kitchen, • Has a door leading directly to the outside of the house, • May share a sink and a bathroom with the main home, • May range in size, from 150 - 500 square feet, • Not required to have any off-street parking spaces, and • Not subject to impact fees or utility connection charges. ZONING CODE AMENDMENT NO. 2020-00169 February 19, 2020 Page 3 of 8 Impact Fees: AB 881 makes significant changes to the way municipalities can assess impact fees on ADU. Municipalities cannot assess impact fees, such as park in-lieu fees, sewer impact fees, and traffic impact fees, on ADU that are less than 750 square feet. For ADU larger than 750 square feet, municipalities can assess impact fees on ADU in proportion to the square footage of the ADU to the square footage of the main dwelling unit. Sewer Connection Fees: AB 881 prohibits municipalities from assessing a sewer connection fee on ADU that are conversions of existing and legally established habitable or non-habitable space, such as an existing bedroom (habitable) or a garage (non-habitable). For all other ADU, generally limited to new construction, municipalities may assess a sewer connection fee only if the fee is proportionate to the burden of the proposed ADU on the jurisdiction’s sewer facilities. Municipalities may calculate this burden using the square footage of the ADU or the number of sewer related fixtures in the ADU, such as toilets. Multiple-Family Residential Zones: AB 881 allows property owners to construct or establish ADU in multiple-family residential zones. The legislation allows property owners with an existing multiple-family structure, such as an apartment building, the option of either converting existing non- habitable space into an ADU or constructing a detached ADU. AB 881 requires municipalities to allow property owners to convert existing non-habitable space into one ADU, or the equivalent of up to 25 percent of the existing units, whichever is more. For instance, under State law, a 100-unit apartment complex with an attached parking garage could convert the parking garage into up to 25 ADU, and State law would not require the property owner to replace the parking spaces removed for the ADU or require parking. Municipalities must also allow a minimum of up to two ADU on multiple-family lots when the ADU are detached from the existing multiple-family structure. Conflicts with the City’s existing Code requirements for ADU and J-ADU: Below is a summary of the provisions of AB 68 and AB 881 that conflict with the City’s existing Zoning Code: Criteria Existing Code New Legislation Junior Accessory Dwelling Units (J-ADU): Not permitted. Municipalities must allow J-ADU within single-family zones. Time to act on permit: 120 Days. 60 Days. Number of units per parcel: One ADU. One ADU and one J-ADU. Minimum unit size: 400 square feet for a studio and 550 square feet for a one or two-bedroom. 150 square feet. Maximum unit size – attached: No larger than 30% of the existing main dwelling unit or 1,200 square feet, whichever is less. 1,200 square feet. ZONING CODE AMENDMENT NO. 2020-00169 February 19, 2020 Page 4 of 8 Criteria Existing Code New Legislation Maximum unit size – detached: No larger than 50% of the main dwelling unit or 1,200 square feet, whichever is less. 1,200 square feet. Maximum number of bedrooms: Two bedrooms. State law does not set a maximum number of bedrooms and allows municipalities to adopt an ordinance to limit the maximum number of bedrooms to two bedrooms. Structural height: Maximum structural height of 15 feet for ADU constructed within structural setbacks of the underlying zone. A detached ADU shall not exceed the height and the number of stories of the main dwelling unit. The standards of the underlying zone shall apply to an attached ADU. Municipalities must allow a minimum structural height of 16 feet. Setbacks: The standards of the underlying zone apply. Municipalities must allow an ADU to locate up to four feet from the side and rear setbacks. Replacement parking: Any parking space lost due to the construction of an ADU must be replaced on-site. No replacement parking. Owner occupancy: Owner occupancy required for all ADU. No owner occupancy required for ADU. Owner occupancy may be required for J-ADU. Nonconforming conditions: Nonconforming conditions must be corrected. Municipalities cannot require the property owner to correct existing site conditions that do not comply with the Zoning Code. Design guidelines: Code requires all ADU to be architecturally compatible with the main dwelling unit to preserve the scale and appearance of the main dwelling unit and the neighborhood. No ADU design guidelines are provided in State law; however, municipalities may adopt an ordinance with design guidelines for ADU. ZONING CODE AMENDMENT NO. 2020-00169 February 19, 2020 Page 5 of 8 PROPOSAL: The City proposes to amend Title 18 (Zoning) of the AMC in response to the aforementioned changes to State law (AB 68 and AB 881) pertaining to ADU and J-ADU. The proposed code amendment would modify the following chapters of the AMC: • 18.04 (Single-Family Residential Zones) • 18.06 (Multiple-Family Residential Zones) • 18.14 (Public and Special-Purpose Zones) • 18.36 (Types of Uses) • 18.38 (Supplemental Use Regulations) • 18.40 (General Development Standards) • 18.42 (Parking and Loading) • 18.92 (Definitions) • 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) ANALYSIS: Staff is recommending that the City Council adopt an ordinance to amend the Zoning Code to provide consistency with State law for the specific provisions that municipalities must implement. However, the legislation also gives municipalities a minimal amount of discretion in adopting their respective Code requirements for ADU. In those instances, staff is recommending Code requirements that are more restrictive than what State law allows. In addition, staff drafted the proposed Code amendment in a way that streamlines the development standards to help property owners understand the different options and regulations associated with the construction of ADU and J-ADU. The following includes an analysis of the provisions that the City can regulate as part of its ADU ordinance along with staff’s main recommendations for implementation of these regulations. Lot Coverage: While State law prohibits the applicability of lot coverage for ADU that are 800 square feet or less, municipalities can require lot coverage for all other types of ADU and J-ADU. Staff recommends that the maximum lot coverage standards of the underlying zone apply to both attached and detached ADU larger than 800 square feet. In addition, lot coverage shall apply to all building additions associated with J-ADU, which are limited to accommodate ingress or egress. Structural Height: Staff recommends that the maximum height of a detached ADU not exceed the height of the main dwelling unit to prevent ADU from being out of scale with the main dwelling unit. Given that an attached ADU will visually appear as an addition to the main dwelling unit, staff recommends that the maximum height of an attached ADU be the same as the height permitted by the underlying zone. Structural Setbacks: Notwithstanding the setback requirements established by State law, municipalities have the discretion to determine the minimum structural setbacks of new ADU or J-ADU along the front of the property. Staff recommends that J-ADU and attached ADU larger than 800 square feet comply with the existing setbacks of the underlying zone. In addition, new detached ADU, regardless of size, shall be located no closer to the street than the wall of the main dwelling unit that is closest to the street to prevent ADU from being the most visible structure along the primary street frontage, similar to the requirements of the City’s previous ADU ordinance. ZONING CODE AMENDMENT NO. 2020-00169 February 19, 2020 Page 6 of 8 Building Separation: State law provides municipalities with the discretion to establish building separation requirements between structures on the same property. Staff recommends that the City require a minimum 10-foot building separation between a newly constructed detached ADU and a main dwelling unit. Staff recommends this dimension to provide for additional privacy and to ensure adequate open space between an existing main dwelling unit and a detached ADU. Maximum number of bedrooms: State law requires municipalities to allow, at minimum, ADU configurations that include either a studio, one-bedroom, or two-bedrooms. State law does not place a maximum bedroom limitation; it provides municipalities with the discretion to determine the maximum number of bedrooms. Staff recommends that the maximum number of bedrooms be limited to two bedrooms to ensure that all new ADU continue to be accessory to the main dwelling unit on the property. ZONING CODE AMENDMENT NO. 2020-00169 February 19, 2020 Page 7 of 8 Maximum number of bedrooms: State law requires municipalities to allow, at minimum, ADU configurations that include either a studio, one-bedroom, or two-bedrooms. State law does not place a maximum bedroom limitation; it provides municipalities with the discretion to determine the maximum number of bedrooms. Staff recommends that the maximum number of bedrooms be limited to two bedrooms to ensure that all new ADU continue to be accessory to the main dwelling unit on the property. Design: State law allows municipalities the discretion to ensure that new ADU and J-ADU are compatible with the main dwelling unit and surrounding neighborhood. Staff recommends several design standards to ensure that new ADU and J-ADU are architecturally compatible to the main dwelling unit, including the use of similar colors, textures and materials. Staff also recommends standards to minimize privacy impacts on the adjacent properties such as requiring that windows and doors be oriented away from surrounding properties for ADU constructed as a second story. Historic Preservation: State law allows municipalities the discretion to enforce new or existing design standards for structures listed in the National Register of Historic Places, California Register of Historic Places, or the City of Anaheim's local historic inventory. Staff recommends that all ADU and J-ADU proposed on properties under a Mills Act Contract comply with all Mills Act guidelines, including design conformance with the United States Secretary of the Interior Standards. In addition, ADU and J-ADU proposed on properties listed in the National Register of Historic Places, California Register of Historic Places, or the City of Anaheim's local historic inventory will be encouraged to comply with the design guidelines outlined in the City of Anaheim Citywide Historic Preservation Plan. Impact and Sewer Connection Fees: Due to changes in State law, the City cannot assess park in- lieu fees, sewer impact fees, or traffic impact fees because the City’s existing fee structure for ADU is not proportional to the square footage of the main dwelling unit. Therefore, the City will not collect any impact or sewer connection fees for ADU until the City Council approves a fee study that is consistent with State law. Junior Accessory Dwelling Units: With the adoption of AB 68, the City is now required to allow J-ADU. State law allows municipalities the option to require owner occupancy of a property with a new J-ADU. Staff has included the requirement for the recordation of a deed restriction that requires owner-occupancy for any property with a J-ADU in the draft ordinance. The owner may reside in the remaining portion of the home or within the newly created J-ADU. State law prohibits requiring owner-occupancy for ADU. Given that State law would allow a property owner to have a main dwelling unit, an ADU and a J-ADU, the proposed provision would ensure that the property owner is on-site for this potential densification of land use. Prior to this change in State law, the City required owner occupancy for all properties with an ADU. Prohibited Areas: State law allows municipalities to prohibit ADU and J-ADU in areas that the City has identified, by resolution of the City Council, to be areas with insufficient sewer infrastructure as a matter of public health and safety. Staff will continue to enforce the prohibition of ADU and J-ADU within areas of insufficient sewer infrastructure to protect public health and safety. ZONING CODE AMENDMENT NO. 2020-00169 February 19, 2020 Page 8 of 8 Ordinance Review: As required by AB 881, Staff will submit a copy of the adopted ordinance to the California Department of Housing and Community Development (HCD) within 60 days after adoption by City Council, for review and compliance with AB 881 and AB 68. Environmental Impact Analysis: This ordinance is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) per Public Resources Code (PRC) Section 21080.17 and CEQA Guidelines Sections 15282 (h); 15061(b)(3); 15301, Class 1 (Existing Facilities); and, 15303, Class 3 (New Construction or Conversion of Small Structures). PRC Section 21080.17 states that CEQA does not apply to the adoption of an ordinance to implement the provisions of Section 65852.2 of the Government Code (GC). This section of the GC pertains to ADU and is the purpose of the proposed ordinance. Section 15282(h) of the CEQA Guidelines reiterates PRC Section 21080.17. In addition, the construction of ADU and J-ADU will occur within existing residential buildings or as new or converted structures that are a maximum of 1,200 square feet, which would make the ordinance categorically exempt under Sections 15301 and 15303 of the CEQA Guidelines. Furthermore, pursuant to Sections 15061(b)(3)(the “common sense exemption”), 15300.02 (c), 15301 and 15303 of the CEQA Guidelines, there are no unusual circumstances in respect to the proposed ordinance for which staff would anticipate a significant effect on the environment. CONCLUSION: The proposed amendments are in response to recent changes to State law pertaining to ADU and J-ADU. The new State law includes specific provisions that municipalities must implement; however, the legislation gives the City minimal discretion in adopting its ADU ordinance. Staff intends its recommendations for implementation of the new ordinance to minimize impacts to surrounding and existing residential neighborhoods while ensuring compliance with State law. As such, staff recommends that the Planning Commission, by motion, recommend approval of the proposed Zoning Code Amendment to the City Council. Prepared by, Submitted by, Lisandro Orozco Susan Kim, AICP, LEED ND Associate Planner Principal Planner Attachments: 1. Draft Ordinance 2. Redline Draft Ordinance 1 ATTACHMENT NO. 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.04 (SINGLE -FAMILY RESIDENTIAL ZONES); 18.06 (MULTIPLE-FAMILY RESIDENTIAL ZONES); 18.14 (PUBLIC AND SPECIAL-PURPOSE ZONES); 18.36 (TYPES OF USES); 18.38 (SUPPLEMENTAL USE REGULATIONS); 18.40 (GENERAL DEVELOPMENT STANDARDS); 18.42 (PARKING AND LOADING); 18.92 (DEFINITIONS); and 18.122 (BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1 (SP 2017- 1) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE; AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER PUBLIC RESOURCES CODE SECTION 21080.17 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15282(H), 15061(B)(3); 15301, CLASS 1 (EXISTING FACILITIES); AND, 15303, CLASS 3 (NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) BECAUSE IT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. (ZONING CODE AMENDMENT NO. 2020-00169) (ADJUSTMENT NO. 2 TO THE BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1 (SPN2017-00001B)) (DEV2020-00001) WHEREAS the State of California has identified housing construction as a statewide priority and the legislature has adopted numerous reforms and incentives to facilitate and expedite its production of housing including recent changes to State law to reduce barriers, streamline approvals and encourage the development of Accessory Dwelling Units and Junior Accessory Dwelling Units; and WHEREAS on October 9, 2019, the Governor of California approved Assembly Bill No. 881 (Chapter 659, Reg. Sess. 2019) ("AB 881"), which eliminated perceived barriers to the development of Accessory Dwelling Units in single-family and multiple-family residential zones; and WHEREAS on October 9, 2019, the Governor of California approved Assembly Bill No. 68 (Chapter 655, Reg. Sess. 2019) ("AB 68"), which requires a local government to ministerially approve Junior Accessory Dwelling Units in single-family residential zones; and 2 WHEREAS, the purpose of this ordinance is to comply with State law regarding the development of Accessory Dwelling Units and Junior Accessory Dwelling Units to implement the goals and policies of the Housing Element of the Anaheim General Plan. It is also the purpose of this ordinance to preserve the integrity and character of residential neighborhoods; and WHEREAS from time to time and by resolution, the City Council may identify areas of the City with insufficient water and sewer services and where Accessory Dwelling Units and Junior Accessory Dwelling Units result in impacts to traffic circulation and public safety and therefore Accessory Dwelling Units and Junior Accessory Dwelling Units may not be permitted in such areas; and WHEREAS, the City Council finds that the ordinance complies with State law regarding the development of Accessory Dwelling Units and Junior Accessory Dwelling Units, and implements the goals and policies of the Housing and Public Services and Facilities Elements of the General Plan by ensuring that adequate housing to meet the needs of the community is served by adequate public utility infrastructure; and WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is exempt from the requirements to prepare additional environmental documentation per Public Resources Code Section 21080.17 and California Environmental Quality Act (CEQA) Guidelines Sections 15282 (h), 15061(b)(3); 15301, Class 1 (Existing Facilities); and, 15303, Class 3 (New Construction or Conversion of Small Structures); and WHEREAS, the City Council determines that this ordinance is a matter of City-wide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Table 4-B (Accessory Uses and Structures: Single-Family Residential Zones) of Chapter 18.04 (Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 3 Table 4-B ACCESSORY USES AND STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited RH- 1 RH- 2 RH- 3 RS- 1 RS- 2 RS- 3 RS- 4 Special Provisions Accessory Living Quarters P P P P P N N Subject to 18.04.080.020 & 18.38.020 Accessory Dwelling Unit P P P P P P P Subject to 18.38.015 Accessory Dwelling Unit - Junior P P P P P P P Subject to 18.38.015 Agricultural Workers Quarters P P N N N N N Requires a minimum lot size of ten (10) acres Animal Keeping P P P P P P P Subject to 18.38.030, except that in the RH-2 Zone, equine, bovine, sheep, goats & swine may be kept, stabled, tethered or otherwise maintained on minimum 22,000 sq. ft. parcels Antennas–Dish P P P P P P P Subject to 18.38.050 (may require a conditional use permit) Antennas– Receiving P P P P P P P Subject to 18.38.050 Day Care– Large Family P P P P P P P Subject to 18.38.140 Day Care– Small Family P P P P P P P Fences & Walls P P P P P P P Subject to 18.46.110; this use may occur on a lot with or without a dwelling Greenhouses– Private P P P P P N N Home Occupations P P P P P P P Subject to 18.38.130 Landscaping & Gardening P P P P P P P Subject to Chapter 18.46; this use may occur on a lot with or without a dwelling Mechanical & Utility Equipment– P P P P P P P Subject to 18.38.160 4 Table 4-B ACCESSORY USES AND STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited RH- 1 RH- 2 RH- 3 RS- 1 RS- 2 RS- 3 RS- 4 Special Provisions Ground Mounted Mechanical & Utility Equipment– Roof Mounted N N N P P P P Subject to 18.38.170 Parking Lots & Garages P P P P P P P To serve needs of primary use only; four-car limit for garages in RS-1 and RS-2 Zones Petroleum Storage– Incidental P P P P P P P Recreation Buildings & Structures P P P P P P P Short-Term Rentals P P P P P P P Subject to an administrative use permit as provided in Chapter 4.05 Solar Energy Panels P P P P P P P Subject to § 18.38.170 Signs P P P P P P P Subject to Chapter 18.44 SECTION 2. That Subsection .30 Section 18.04.070 (Structural Heights) of Chapter 18.04 (Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .030 Accessory Buildings. Non-habitable and habitable accessory structures, including but not limited to, garages, garden and storage sheds, and accessory living quarters, shall not exceed a height of one (1) story or sixteen (16) feet, whichever is less. This provision shall not apply to structures that are located outside of all required setback areas and comply with the same provisions as the main dwelling. All accessory structures encroaching into required setback areas may be subject to additional height restrictions as outlined in Section 18.04.100 (Table 4-J — Permitted Encroachments for Accessory Uses/Structures: Single- Family Residential Zones). SECTION 3. That Table 6-B (Accessory Uses and Structures: Multiple-Family Residential Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 5 Table 6-B ACCESSORY USES AND STRUCTURES: MULTIPLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited RM- 1 RM- 2 RM- 3 RM- 3.5 RM- 4 Special Provisions Accessory Dwelling Unit P P P P P Subject to 18.38.015 Accessory Dwelling Unit - Junior P P P P P Subject to 18.38.015; only allowed on properties with an existing single-family residence Animal Keeping P P P P P Subject to § 18.38.030 Antennas–Dish P P P P P Subject to § 18.38.050 (may require conditional use permit) Antennas– Receiving P P P P P Subject to § 18.38.050 Day Care–Large Family P P P P P Subject to § 18.38.140 Day Care–Small Family P P P P P Fences & Walls P P P P P Subject to § 18.46.110; a fence or wall may occur on a lot with or without any other primary use structure Home Occupations P P P P P Subject to § 18.38.130 Landscaping & Gardens P P P P P Subject to Chapter 18.46; this use may occur on a lot with or without any other primary use structure Mechanical & Utility Equipment– Ground Mounted P P P P P Subject to § 18.38.160 Mechanical & Utility Equipment– Roof Mounted P P P P P Subject to § 18.38.170 Parking Lots & Garages P P P P P To serve needs of primary use only Recreation Buildings & Structures P P P P P Short-Term Rentals P P P P P Subject to an administrative use permit as provided in Chapter 4.05 6 Table 6-B ACCESSORY USES AND STRUCTURES: MULTIPLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited RM- 1 RM- 2 RM- 3 RM- 3.5 RM- 4 Special Provisions Signs P P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Valet Parking M M M M M Vending Machines P P P P P Shall be screened from view from adjacent non-industrial property and public rights-of-way SECTION 4. That Table 14-B (Accessory Uses and Structures: Public and Special- Purpose Zones) of Chapter 18.14 (Public and Special-Purpose Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 14-B ACCESSORY USES AND STRUCTURES: PUBLIC AND SPECIAL- PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited OS PR SP T Special Provisions Accessory Dwelling Unit N N N P One Accessory Dwelling Unit allowed on a single- family detached dwelling unit on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920, with a General Plan Residential Land Use designation of Estate, Low Density, Low-Medium Hillside Density and Low-Medium Density. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Accessory Dwelling Unit – Junior N N N P One Accessory Dwelling Unit - Junior allowed on a single-family detached dwelling unit on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920, with a General Plan Residential Land Use designation of Estate, Low Density, Low-Medium Hillside Density and Low-Medium Density. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. 7 Table 14-B ACCESSORY USES AND STRUCTURES: PUBLIC AND SPECIAL- PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited OS PR SP T Special Provisions Accessory Entertainment N P P P Subject to § 18.16.060 in conjunction with a commercial use Agricultural Workers Quarters N N N P Allowed only if agricultural operation on the lot is a minimum of 10 acres; no kitchens are allowed Animal Keeping P P P P Only in conjunction with residence; subject to § 18.38.030 Antennas–Dish P P P P Subject to § 18.38.050 Antennas– Receiving P P P P Subject to § 18.38.050 Bingo Establishments N N P P Subject to Chapter 7.34 Caretaker Units P P P P Subject to § 18.38.090 Day Care–Large Family N N N P Subject to § 18.38.140 Day Care–Small Family N N N P Fences & Walls P P P P Subject to § 18.40.050; this use may occur on a lot without a primary use Home Occupations P P P P Only in conjunction with a residence; subject to § 18.38.130 Landscaping & Gardens P P P P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment– Ground Mounted P P P P Subject to § 18.38.160 Mechanical & Utility Equipment– Roof Mounted P P P P Subject to § 18.38.170 Parking Lots & Garages P P P P To serve needs of primary use only Petroleum Storage– Incidental N N N P Portable Food Carts N P P P Subject to § 18.38.210 Recreation Buildings & Structures P P P P 8 Table 14-B ACCESSORY USES AND STRUCTURES: PUBLIC AND SPECIAL- PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited OS PR SP T Special Provisions Recycling Services– Consumer N P P P Subject to Chapter 18.48 Signs P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Valet Parking M M M M Vending Machines P P P P Shall be screened from view from public rights-of- way and shall not encroach onto sidewalks SECTION 5. That Section 18.36.050 (Accessory Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.36.050 ACCESSORY USE CLASSES. The following use classes are intended to describe only those uses that are incidental to and customarily associated with a primary use or main structure located on the same lot. .005 Accessory Dwelling Unit. This use class consists of a residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot zoned for residential use with a proposed or existing main dwelling unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation independent from the main dwelling unit. An Attached Accessory Dwelling Unit is attached to the main dwelling unit, having at least one (1) common wall and a common roof with the main dwelling unit. A Detached Accessory Dwelling Unit is detached from the main dwelling unit. .010 Accessory Dwelling Unit - Junior. This use class consists of a residential dwelling unit that is no more than 500 square feet in size, includes an efficiency kitchen, and is contained entirely within a single-family residence. An Accessory Dwelling Unit - Junior may include separate sanitation facilities or may share sanitation facilities with the existing structure. .015 Accessory Living Quarters. This use class consists of habitable space for non-paying guests or household employees, for an allowable residence located on the same residentially zoned lot. .020 Agricultural Workers Quarters. This use class consists of dwellings occupied by employees primarily engaged in commercial agricultural operations, and located on land owned or rented by the agricultural operator. Family members of the agricultural employees may also live in the same unit. .030 Amusement Devices. This use class consists of six (6) or fewer amusement devices, and any number of amusement devices that occupy forty-nine percent (49%) or less of the public floor area of an establishment. 9 .035 Automated Teller Machines (ATM's). This use class consists of cash dispensing machines that are typically located inside an existing business. .040 Animal Keeping. This use class consists of keeping of pets and other domesticated animals owned by occupants of the lot, and not kept for remuneration, hire or sale. .050 Antennas–Dish. This use class consists of circular or nearly circular antennas used for the reception of electronic signals relayed by satellites moving through the sky. .060 Antennas–Receiving. This use class consists of roof-mounted antennas used for the reception of television, radio or other electronic signals from ground-mounted transmitting antennas or relay stations. .070 Bingo Establishments. This use class consists of establishments that offer bingo games to the public for the purpose of fundraising for an organization. .080 Caretaker Units. This use class consists of one dwelling unit per lot, used for the sole purpose of providing security, maintenance or similar services for an allowable non-residential use located on the same non-residentially zoned lot. .090 Day Care–Large Family. This use class consists of a day care facility located in a single-family residence, where an occupant of the residence provides care and supervision for between nine (9) and fourteen (14) children less than eighteen (18) years of age for periods of fewer than twenty-four (24) hours per day. Children less than the age of ten (10) years who reside in the home count as children served by the facility. .100 Day Care–Small Family. This use class consists of a day care facility located in a single-family residence, where an occupant of the residence provides care and supervision for eight (8) or fewer children less than eighteen (18) years of age for periods of fewer than twenty-four (24) hours per day. Children less than the age of ten (10) years who reside in the home count as children served by the facility. .105 Entertainment–Accessory. This use class consists of accessory entertainment offered in conjunction with a restaurant as defined in Section 18.92.210 of this code or other primary land use. The entertainment provided is intended to be part of the service provided at the establishment and is not the primary draw of customers to the establishment. The entertainment is not the primary source of income for the establishment. Typical land uses are coffee houses with live music, restaurants with live music, and accessory music within a bar. .110 Fences & Walls. This use class consists of a continuous barrier, including gates that separate, screens, encloses or marks the boundary of a lot or development. The barrier may consist of man-made materials, vegetative materials, earthen berms, or other natural or fabricated barrier. .120 Greenhouses–Private. This use class consists of a greenhouse, detached from the main dwelling and no larger than twenty percent (20%) of the main dwelling, used for gardening purposes. An attached greenhouse is considered to be part of the main dwelling. .130 Home Occupations. This use class consists of an occupation that is carried on in any approved dwelling unit by the resident of the dwelling unit, and is incidental to the use of the dwelling unit such that it does not change the residential character of the unit or neighborhood. .140 Landscaping & Gardens. This use class consists of the noncommercial growing of trees, shrubs, flowers, gardens and other natural planting materials, as well as the use of non-vegetative landscaping materials. 10 .150 Mechanical & Utility Equipment–Ground Mounted. This use class consists of ground-mounted mechanical or utility equipment, such as compressors, condensers, pipes used for heating and cooling, water backflow devices, above-ground fire lines, pad- mounted transformers, electric vehicle charging stations and other activities associated with and incidental to the main and accessory building. .160 Mechanical & Utility Equipment–Roof Mounted. This use class consists of roof-mounted mechanical or utility equipment, such as compressors, condensers, pipes, vents, ducts, and other activities associated with and incidental to the main building. .170 Outdoor Displays. This use class consists of the display of merchandise outside of an enclosed structure for the purpose of showing the merchandise to potential buyers or users. .180 Outdoor Storage. This use class consists of overnight storage of materials or finished products that are associated with and incidental to the primary use of the site. .190 Parking Lots & Garages. This use class consists of open parking lots and structures, including garages and carports, designed to be used for parking automobiles. The overnight storage of work related vehicles used during business hours is included in this use class. .195 Valet Parking. A parking service provided to accommodate users of an establishment, which service is incidental to the establishment and by which an attendant on behalf of the establishment takes temporary custody of the users’ vehicles and moves, parks, stores or retrieves the vehicle. .200 Petroleum Storage–Incidental. This use class consists of the storage of petroleum products, such as small quantities of gasoline, oil and lighter fluid, for use on- site, but not for resale or use off-site. .210 Portable Food Carts. This use class consists of portable carts from which coffee, non-alcoholic drinks, or prepared food is sold, and that are removed during the hours when the principle use with which they are associated is not operational. .220 Recreation Buildings & Structures. This use class consists of recreational uses associated with residential dwellings, such as swimming pools, cabanas, dressing rooms, private noncommercial workshops, barns, tennis and paddleball courts, play equipment, and non-habitable tree houses. .225 Recycling Services–Consumer. This use class consists of small-scale waste collection facilities as defined as a "Reverse Vending Machine" and "Small Collection Facility" in Chapter 18.48 (Recycling Facilities). .230 Retail Floor, Wall & Window Coverings. This use class consists of the sale of tile, floor coverings, wall coverings, and window coverings as an accessory use to a primary permitted industrial use. .250 Repealed by Ord. XX, DATE .260 Short-Term Rentals. This use class consists of the rental of an approved short-term rental unit for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days in duration in a zoning district where residential uses are allowed. .270 Signs. This use class consists of any device used for visual communication intended to attract the attention of the public and that is visible from a public right-of-way or other properties. Items of merchandise normally displayed within a show window of a business are not included. .280 Solar Energy Panels. This use class consists of any solar collector(s) or other solar energy device(s) whose primary purpose is to provide for the collection of solar energy for space heating, space cooling, electric generation, or water heating. 11 .290 Thematic Elements. This use class consists of non-occupiable structures that are intended to add interest to a specific area. Examples include gateways, towers, public art displays, monuments, fountains, sculptures, spires, and similar architectural features. .300 Vending Machines. This use class consists of an unattended, self-service device that, upon insertion of a coin or token, dispenses something of value, including food, beverages, merchandise or services. .310 Warehousing & Storage-Outdoors. This use class consists of the outdoor storage of equipment, materials, and finished products or refuse basic to the operations of permitted uses, other than the storage classified under the "Outdoor Storage Yards" use class. SECTION 6. That Section 18.38.015 (Accessory Dwelling Units) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.38.015 ACCESSORY DWELLING UNITS AND ACCESSORY DWELLING UNITS - JUNIOR. .010 Intent. The City recognizes the importance of livable housing and an attractive, suitable living environment for all residents. The State Legislature has declared that Accessory Dwelling Units and Junior Accessory Dwelling Units are a valuable form of housing in California. It is the intent of the City to permit Accessory Dwelling Units and Junior Accessory Dwelling Units, in conformance with State law, in all those areas and subject to standards that will ensure the units contribute to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of residential neighborhoods. It is not the intent of this section to override lawful use restrictions as may be set forth in conditions, covenants and restrictions or similar instruments. .015 Definitions. For the purposes of this Section, the following words, terms, and phrases shall have the following meanings: .0051 “Efficiency Kitchen” A room used, or intended or designed to be used, for cooking or the preparation of food that includes at minimum a cooking facility with appliances, food preparation counter, and storage cabinets. .0052 “Kitchen” A room used, or intended or designed to be used, for cooking or the preparation of food that includes at minimum a stove, preparation counter, storage cabinets, refrigerator, and sink. .0053 “Sanitation Facility” A room that includes a toilet compartment, sink with hot and cold water taps, and shower with or without a bathtub. .0054 “Junior Accessory Dwelling Unit” A use class defined as an Accessory Dwelling Unit - Junior in subsection .010 of Section 18.36.050 (Accessory Use Classes). .020 Multiple-Family Zones. For development of Accessory Dwelling Units in zones that allow multiple-family dwellings, the provisions of Government Code Section 65852.2 shall apply as the same may be amended from time to time: .0151 A local agency shall allow at least one Accessory Dwelling Unit within an existing multiple-family dwelling and shall allow up to 25 percent of the existing multiple-family dwelling units. 12 .0152 Not more than two Accessory Dwelling Units that are located on a lot that has an existing multiple-family dwelling, but are detached from that multiple- family dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. .025 Density Provisions. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit that conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established, and shall be deemed to be an accessory residential use which is consistent with the existing general plan and zoning designations for the lot. .030 Number of Units Per Parcel. No more than one (1) Accessory Dwelling Unit and one (1) Junior Accessory Dwelling Unit shall be allowed on a single lot. .040 Existing Lot and Uses. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be allowed if the existing lot and dwelling meet the following requirements: .0401 The lot on which the Accessory Dwelling Unit or Junior Accessory Dwelling Unit is proposed to be established shall contain one existing or proposed permanent main dwelling unit, and no existing accessory living quarters, unless the proposal includes demolition or modification of such facility so as to comply with the provisions of this section; and .0402 The Accessory Dwelling Unit is allowed in the zone in which it is proposed. .050 Prohibited Locations. Accessory Dwelling Units or Junior Accessory Dwelling Units are not permitted in any area of the City identified, by resolution of the City Council, to be areas with insufficient sewer infrastructure where accessory dwelling units result in impacts to the public health and safety. .060 Development Standards. The following development standards contained in Table 38-A (Accessory Dwelling Unit Development Standards) apply based on the type of unit and the applicable development standards. These standards shall apply to Accessory Dwelling Units and Junior Accessory Dwelling Units: Table 38-A: Accessory Dwelling Unit Development Standards Junior Accessory Dwelling Unit Accessory Dwelling Unit ≤ 800 square feet Accessory Dwelling Unit > 800 square feet Minimum Unit Size 150 square feet. 150 square feet. 150 square feet. Maximum Unit Size 500 square feet.1 1Up to 150 square feet may be added to an existing main dwelling unit to accommodate ingress or egress, but the 800 square feet. Attached Detached 50% of main dwelling unit2 or 1,200 square feet 1,200 square feet. 13 Table 38-A: Accessory Dwelling Unit Development Standards Junior Accessory Dwelling Unit Accessory Dwelling Unit ≤ 800 square feet Accessory Dwelling Unit > 800 square feet overall unit size shall not exceed 500 square feet. (whichever is less). 2Studio and one-bedroom units permitted up to 850 square feet. Two bedroom units permitted up to 1,000 square feet. Lot Coverage The standards of the underlying zone shall apply. Not Applicable. The standards of the underlying zone shall apply. Structural Setbacks The standards of the underlying zone shall apply. Front: Underlying zone3 Side: 4 feet Rear: 4 feet 3A detached Accessory Dwelling Unit shall be located no closer to the front property line than the front- most building wall of the main dwelling unit; except for Accessory Dwelling Units resulting from the conversion of an existing garage, carport, or covered parking structure. Attached Detached Front: Underlying Zone Side: Underlying Zone Rear: Underlying Zone Front: Underlying Zone4 Side: 4 feet Rear: 4 feet 4A detached Accessory Dwelling Unit shall be located no closer to the front property line than the front-most building wall of the main dwelling unit; except for 14 Table 38-A: Accessory Dwelling Unit Development Standards Junior Accessory Dwelling Unit Accessory Dwelling Unit ≤ 800 square feet Accessory Dwelling Unit > 800 square feet Accessory Dwelling Units resulting from the conversion of an existing garage, carport, or covered parking structure. Structural Height The standards of the underlying zone shall apply. Attached Detached Attached Detached The standards of the underlying zone shall apply. In addition to meeting the height of the underlying zone in which it is located, any additional height associated with a detached Accessory Dwelling Unit shall not exceed the height and the number of stories of the main dwelling unit. The standards of the underlying zone shall apply. In addition to meeting the height of the underlying zone in which it is located, any additional height associated with a detached Accessory Dwelling Unit shall not exceed the height and the number of stories of the main dwelling unit. Building Separation Not Applicable. A detached Accessory Dwelling Unit shall have a minimum separation of 10 feet between the main dwelling unit and the detached Accessory Dwelling Unit. A detached Accessory Dwelling Unit shall have a minimum separation of 10 feet between the main dwelling unit and the detached Accessory Dwelling Unit. 15 Table 38-A: Accessory Dwelling Unit Development Standards Junior Accessory Dwelling Unit Accessory Dwelling Unit ≤ 800 square feet Accessory Dwelling Unit > 800 square feet Maximum Number of Bedrooms Studio. Two bedrooms. Two bedrooms. Access Must have independent entrance from the exterior into the Junior Accessory Dwelling Unit. Must have independent entrance from the exterior into the Accessory Dwelling Unit. Must have independent entrance from the exterior into the Accessory Dwelling Unit. Kitchen Efficiency Kitchen. Kitchen. Kitchen. Sanitation Facility May share Sanitation Facility with main dwelling unit.6 or May have separate Sanitation Facility. 6When sharing Sanitation Facilities with the main dwelling unit, interior access shall be provided between the main dwelling unit and the Junior Accessory Dwelling Unit. Sanitation Facility. Sanitation Facility. 16 .0601 Utility Services. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit may be metered separately from the main dwelling unit for gas, electricity, communications, water and sewer services. For new construction, a separate utility connection may be required directly between the Accessory Dwelling Unit and the utility. .0602 Accessory Dwelling Units shall not be required to provide fire sprinklers if they are not required for the primary residence; .0603 Patio covers, semi-enclosed patio covers, enclosed patio covers, and porches that are attached to an Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall comply with requirements of the underlying zone. .070 Design. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall conform to the following design standards: .0701 Exterior stairs and doors shall not be visible from any public right- of-way, excluding alleys; .0702 The design, color, material and texture of the roof shall be substantially the same as the main dwelling unit; .0703 The color, material and texture of all building walls shall be similar to, and compatible with, the main dwelling unit; .0704 The architectural style of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be the same or similar to the main dwelling unit, or, if no architectural style can be identified, the design of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be architecturally compatible with the main dwelling unit, and shall maintain the scale and appearance of the main dwelling unit; .0705 If the Accessory Dwelling Unit is constructed above the main dwelling unit or garage, all windows and doors shall be designed to minimize the privacy impacts onto adjacent properties including, but are not limited to, window placement above eye level, windows and doors located toward the existing on-site residence; .0706 Permitted driveways and walkways shall occupy no more than fifty percent (50%) of the required street setback area, in compliance with Section 18.46.100.050.0501; .0707 When a garage, carport, or covered parking structure that is visible from any public right-of-way is converted or demolished in conjunction with the construction of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, the design shall incorporate features to match the scale, materials and landscaping of the original main dwelling unit that preserve the existing streetscape and character of the surrounding neighborhood; and .0708 Adequate access by emergency services to the main dwelling unit, Accessory Dwelling Unit, and Junior Accessory Dwelling Unit shall be provided. .080 Parking. Parking for the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be provided in accordance with Section 18.42.030 (Residential Parking Requirements). .090 Historic Buildings. .0901 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit proposed for any lot that includes a building listed in the National Register of Historic Places, California Register of Historic Places, or the City of Anaheim's local historic inventory shall conform to the requirements for the historic structure; .0902 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit proposed for a property under a Mills Act Contract must comply with all Mills Act 17 guidelines, including design conformance with the United States Secretary of the Interior Standards; .0903 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit proposed for any lot that includes a building listed in the National Register of Historic Places, California Register of Historic Places, or the City of Anaheim's local historic inventory are encouraged to comply with the design guidelines outlined in the City of Anaheim Citywide Historic Preservation Plan and other historic preservation plans as may be approved by the City Council; and .0904 Notwithstanding the foregoing, if the City Council acts to establish mandatory design standards for historically classified structures, the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall conform to the mandatory standards. .100 Code Compliance. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be constructed in accordance with provisions of the latest edition of building and other codes adopted by the City. .105 Sale or Conveyance of an Accessory Dwelling Unit. .1051 An Accessory Dwelling Unit may be rented separate from the main dwelling unit but may not be sold or otherwise conveyed separate from the main dwelling unit. .110 Ownership and Occupancy for Junior Accessory Dwelling Units. .1101 Owner Occupancy Required. One of the residential dwellings on a lot on which the Junior Accessory Dwelling Unit is proposed to be established shall be occupied as the primary residence of the owner of the lot, and shall not be rented or leased as long as the Junior Accessory Dwelling Unit exists. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization; .1102 Rental Occupancy. The residential unit that is not occupied by the owner of the property in conformance with this subsection may be rented for no less than 30 consecutive days at any time; and .1103 Sale or ownership of a Junior Accessory Dwelling Unit separate from the main dwelling unit is prohibited. .120 Deed Restrictions. Prior to issuance of a building permit for a Junior Accessory Dwelling Unit, the property owner shall execute a covenant setting forth the Ownership and Occupancy requirements and the following minimum requirements, in a form and substance satisfactory to the Planning and Building Department and City Attorney's Office, which shall be recorded in the office of the Orange County Recorder: .1201 The Junior Accessory Dwelling Unit shall not be sold or owned separately from the main dwelling unit, and the parcel upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership; .1202 The Junior Accessory Dwelling Unit shall be a legal unit, and may be used as habitable space, only so long as either the main dwelling unit, or the Junior Accessory Dwelling, is occupied by the owner of record of the property; and .1203 The restrictions shall be binding upon any successor in ownership of the property. .125 Ownership and Occupancy for Accessory Dwelling Units shall be required effective January 1, 2025, unless otherwise stipulated by state law, subject to sections 18.38.015.110 and 18.38.015.120. .130 Existing Nonconforming Units. Accessory Dwelling Units that exist as of the effective date of this section that have previously been legally established may continue to operate as legal nonconforming Accessory Dwelling Units. Any Accessory Dwelling Unit that exists as of the effective date of this section, and has not previously been legally 18 established, is considered an unlawful use, unless the Planning and Building Director determines that the unit meets the provisions of this section. .140 Conversion of Existing Structures. Conversion of legally established structures or conversions of space not previously legally established for habitable space, such as attics, basements, garages or any other part of a residential property, into an Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted. .1401 Conversion of an existing legal "granny unit" into an Accessory Dwelling Unit shall require that the unit meet the provisions of this Code; and .1402 Legal nonconformities of the existing main dwelling unit shall be allowed to remain. .150 Approval. The application for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be reviewed by the Planning and Building Director for compliance with the provisions of this section. If the Planning and Building Director determines that the application and evidence submitted show that the Accessory Dwelling Unit or Junior Accessory Dwelling Unit will comply with the requirements of this Section 18.38.015, the application shall be approved within 60 days of receipt; otherwise, the application shall be denied. Notwithstanding any other provision of this Code to the contrary, no waiver of, administrative adjustments, or variance from any requirement of this Section 18.38.015 shall be approved, nor shall any application for such a waiver, administrative adjustments, or variance be accepted for processing. .160 Interpretation by Planning Commission. If a question arises relating to interpretation or applicability of a provision of this section, the matter shall be considered by the Planning Commission as a "Reports and Recommendations" item, and determined by resolution. SECTION 7. That Subsection .020 of Section 18.38.020 (Accessory Living Quarters) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .020 Prohibition. An accessory living quarter shall not exist on a same lot with either an Accessory Dwelling Unit or an Accessory Dwelling Unit - Junior, as defined in Chapter 18.36 (Types of Uses) of this chapter. SECTION 8. That Subsection .150 of Section 18.38.215 (Residential Uses of Motels, Commercial and Office Structures) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .150 Development Standards. The conversion of a structure to a residential use shall comply with the development standards in Table 38-B. Table 38-B: Development Standards Minimum Floor Area Studio units: 275 square feet One-bedroom units: 400 square feet Minimum Size of Recreational-Leisure Areas 200 square feet for each dwelling unit including indoor and outdoor common areas; a common kitchen/ dining area shall be included as part of this requirement 19 Table 38-B: Development Standards Storage Areas General storage cabinets with a minimum size of 100 cubic feet capacity shall be required for each dwelling unit, and may be provided adjacent to private recreational-leisure areas or located in close proximity to the unit Parking and Loading Requires Parking Demand Study pursuant to paragraph 18.42.040.010.0108 and a Parking Management Plan pursuant to subsection 18.38.215.180 .1501 Development standards related to the existing lots and building footprints, including lot width, structural setbacks, structural height, site coverage, and lot area, shall not apply. .1502 With the exception of 18.38.215.150.1501 and Table 38-B, all other development standards of the “C-G” General Commercial Zone shall apply. .1503 Applicants of conversion projects for existing structures shall not be required to bring said structures into conformance with the Zoning Code. New construction associated with a conversion projects shall be required to meet all applicable development standards of the "C-G" General Commercial Zone. SECTION 9. That Subsection .010 of Section 18.40.090 (Sound Attenuation for Residential Developments) of Chapter 18.40 (General Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .010 Applicability. Residential developments involving the construction of two (2) or more dwelling units, or residential subdivisions resulting in two (2) or more parcels, and located within six hundred (600) feet of any railroad, freeway, expressway, major arterial, primary arterial or secondary arterial, as designated by the Circulation Element of the General Plan, shall comply with the provisions of this section. The construction of an Accessory Dwelling Unit or Accessory Dwelling Unit – Junior shall not constitute a residential development subject to the provisions of this section. SECTION 10. That Subsection .070 of Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .070 Accessory Dwelling Unit and Accessory Dwelling Unit - Junior. The minimum required number of off-street, on-site parking spaces for an Accessory Dwelling Unit and Accessory Dwelling Unit - Junior, as defined in subsection .005 and .010 of Section 18.36.050 (Accessory Use Classes) and in conformance with the criteria and standards of Section 18.38.015 (Accessory Dwelling Unit and Accessory Dwelling Unit - Junior) shall be based on the total number of bedrooms as follows: Total Number of Bedrooms Minimum Number of Parking Spaces (subject to exemptions in subsection .0701 below) Studio 0 20 Total Number of Bedrooms Minimum Number of Parking Spaces (subject to exemptions in subsection .0701 below) 1 bedroom 1 2 bedroom 1 .0701 On-site parking is not required for an Accessory Dwelling Unit and Accessory Dwelling Unit - Junior in any of the following instances: (a) The Accessory Dwelling Unit is located within a one-half mile walking distance of a transit stop; (b) The Accessory Dwelling Unit is located within an architecturally and historically significant historic district; (c) The Accessory Dwelling Unit is part of the proposed or existing primary residence or an existing accessory structure; (d) When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit; (e) Where there is a car share vehicle station located within one block of the accessory dwelling unit; and/or (f) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit or converted to an Accessory Dwelling Unit. .0702 If parking for the Accessory Dwelling Unit is provided in a garage which also provides parking for the main dwelling unit, the provided space(s) shall be for the exclusive use of the Accessory Dwelling Unit. The space(s) shall be separated from any garage spaces for the main dwelling unit by a wall or other permanent barrier, and shall have a separate or independent garage door; .0703 The Accessory Dwelling Unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless the Accessory Dwelling Unit has access from a public alley contiguous to the lot, or is located on a corner lot for which secondary access is permitted for parking outside the street side setback. A vehicular driveway that provides access to required parking shall have a minimum width of ten (10) feet; .0704 Any additional required parking may be located in any configuration on the same lot. SECTION 11. That Subsection .080 of Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .080 Repealed by Ord. XXX, DATE SECTION 12. That Section 18.92.080 (“E” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: "Easement." A legal right, such as a right-of-way, afforded an individual, business or other organization to make limited use of another's real property. "Educational Institution." A public, parochial, private, charitable or nonprofit institution that provides educational instruction to students over the age of five (5) years. "Efficiency Unit." Has the same meaning as defined and used in Section 17958.1 of the California Health and Safety Code. 21 "Emergency Shelter." Has the same meaning as defined and used in Section 50801(e) of the California Health and Safety Code. "Employee." Shall include independent contractors and unpaid volunteers. The term "employ" shall include, without limitation, using or allowing services to be provided by an independent contractor or unpaid volunteer. "Entertainment." Every form of live entertainment including, without limitation, any music, band or orchestra, act, play, burlesque, revue, pantomime, scene, karaoke, song or dance act or dancing by patrons. "Entertainment" includes, without limitation, a single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited to watch, listen, or participate. "Entertainment Premises." Any premises used for a restaurant, coffee shop, bar, nightclub, or establishment serving food, and/or other refreshments and where amusement and entertainment activities are conducted. "Entity." Any firm, partnership, corporation, joint venture, unincorporated association or other association of any type or nature. "Expressway, Scenic." A road intended to permit a relatively unimpeded traffic flow while allowing for motorists to view scenic features as they drive; "Scenic Expressways" are shown on the Roadway Network map of the General Plan. SECTION 13. That Section 18.92.220 (“S” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: "Schools, Elementary, Junior High and High." An institution of learning which offers instruction in the several branches of learning and study required to be taught in public schools by the California Education Code. "Senior Citizen." A person sixty-two (62) years of age or older; or fifty-five (55) years of age or older in a senior citizen housing development. "Senior Citizens' Apartment Project." An apartment project approved pursuant to the provisions of Chapter 18.50 (Senior Citizens' Apartment Projects), with the occupancy of each dwelling unit being limited to at least one (1) resident of each such unit being a senior citizen, with the exception of not more than one (1) dwelling unit thereof, identified as the "resident manager's dwelling unit" in covenants recorded against the property, which unit may be occupied by a resident manager and his or her family, regardless of their ages. "Senior Citizens' Apartment Project – Congregate Care." A senior citizens' apartment project, as the term is defined in this section, which also provides nursing, dietary and other personal services to residents. "Senior Citizens' Dwelling Unit." Each dwelling unit within a senior citizens' apartment project, with the exception of the resident manager's dwelling unit, if any. "Senior Citizen Housing Development." A residential development developed, substantially rehabilitated, or substantially renovated, for senior citizens that has at least thirty-five (35) dwelling units, as defined in California Civil Code Section 51.3. "Senior Second Unit" or "Granny Unit." An Accessory Dwelling Unit that does not meet the requirements of Section 18.38.015 (Accessory Dwelling Units) for an Accessory Dwelling Unit, where the unit is for the sole occupancy of one (1) or two (2) adult persons, both of whom are sixty-two (62) years of age or over. "Service Station." A retail place of business engaged primarily in the sale of motor fuels, and incidentally supplying goods and services required for the operation and maintenance of automotive vehicles. 22 "Setback, Required." The minimum dimension between a structure and the adjacent public right-of-way, such as a street, highway, expressway or freeway; or any adjacent private vehicle accessway easement, excluding private driveways; or any railroad or any riding and hiking trail easement; or any interior property line. "Setback, Street Side." The side area abutting a street on a reverse corner lot, or a reverse building frontage of a normal corner lot, which extends from the rear property line to the front setback line. "Single Housekeeping Unit." A non-transient group of persons jointly occupying a single dwelling unit, including the use of common areas, for the purpose of sharing household activities and responsibilities such as meals, chores and expenses. "Smoking Lounges." A business establishment that is dedicated, in whole or part, to the smoking of tobacco or other substances, including but not limited to establishments known variously as cigar lounges, hookah cafes, tobacco clubs or tobacco bars. "Special Event." A special event is any event, promotion or sale sponsored by a business, shopping center or organization which is held outside the confines of a building, whether or not a business license is required, and which may include (or be limited to) the outdoor display of merchandise, the display of temporary signs, flags, banners or fixed balloons, or rides, games, booths or similar amusement devices, whether or not a fee or admission is charged for such event. "Stable, Private." A structure or accessory building for the keeping of animals owned by the owners or occupants of the premises, which are not kept for remuneration, hire or sale. A stable may or may not include a corral. "Stable, Public." A stable other than a private stable. "Story." That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling above it; provided that, where maximum building height is specified in this title in terms of maximum number of stories, the maximum height shall not exceed twenty-five (25) feet for any one (1)-story building, thirty (30) feet for any two (2)-story building, thirty-five (35) feet for any two and one-half (2-1/2)-story building, and seventy-five (75) feet for any six (6)-story building. "Street." A public or recorded private thoroughfare that affords primary means of access to abutting property. "Street Line." The boundary line between a street and abutting property. "Street Side." That street bounding a corner lot, and which extends in the general direction as the line determining the depth of the lot. "Structure." Anything constructed or erected, which requires location on the ground, or attachment to something having a location on the ground. "Structural Alterations." Any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines. "Studio Unit." A dwelling unit without a bedroom. SECTION 14. That Table 122-C (Accessory Use Classes by Development Area) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 23 Table 122-C ACCESSORY USE CLASSES BY DEVELOPMENT AREA P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N- C R- C O S- P P- R Special Provisions Accessory Dwelling Unit P P P P N N N N N Subject to 18.38.015 Accessory Dwelling Unit - Junior N N N N N N N N N Accessory Living Quarters N N N N N N N N N Agricultural Workers Quarters N N N N N N N N N Accessory Entertainment N N P P P P N N N Subject to 18.16.060 Amusement Devices N N P P P P N N N Subject to 18.16.050 Animal Keeping P P P P N N N N N Subject to 18.38.030 Antennas–Dish P P P P P P P P N Subject to 18.38.050 Antennas– Receiving P P P P P P P P N Subject to 18.38.050 and 18.38.050.010 Automatic Teller Machines (ATM's) N N P P P P P P P Subject to 18.36.050.035 Bingo Establishments N N P P P P C C C Subject to Chapter 7.34 Caretaker Units P P P P P P N N N Subject to 18.38.090 Day Care–Large Family P P P P N N N N N Subject to 18.38.140 Day Care–Small Family P P P P N N N N N Fences & Walls P P P P P P P P P Subject to 18.40.050; this use may occur on a lot without a primary use. Greenhouses– Private N N N N N N N N N 24 Table 122-C ACCESSORY USE CLASSES BY DEVELOPMENT AREA P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N- C R- C O S- P P- R Special Provisions Home Occupations P P P P N N N N N Subject to 18.38.130 Landscaping & Gardens P P P P P P P P P Subject to Chapter 18.46; this use may occur on a lot without a primary use. Mechanical & Utility Equipment – Ground Mounted P P P P P P P P P Subject to 18.38.160 Mechanical & Utility Equipment – Roof Mounted P P P P P P P P P Subject to 18.38.170 Outdoor Displays N N P P P P N N N Subject to 18.38.190 Outdoor Storage N N N N N N N N N Parking Lots & Garages P P P P P P P P P To serve needs of on- site primary use only Portable Food Carts N N N N N P N P N Subject to 18.38.210 Recreation Buildings & Structures P P P P P P P P P Recycling Facilities N N N N P P P P N Subject to Chapter 18.48 Retail Sales– Kiosks N N M M M M N N M Short-Term Rentals N N N N N N N N N Signs P P P P P P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P P P P P P Must be mounted on the roof and, if visible from the street 25 Table 122-C ACCESSORY USE CLASSES BY DEVELOPMENT AREA P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N- C R- C O S- P P- R Special Provisions level, must be parallel to the roof plane Thematic Elements N N C C C C N N N Valet Parking M M M M M M M M N Vending Machines P P P P P P P P P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks Warehousing & Storage-Outdoors N N N N N N N N N SECTION 15. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 16. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 17. EFFECTIVE DATE 26 This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. All applications submitted on or after the effective date shall comply with the requirements of this ordinance. /// /// /// /// /// /// THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2020, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2020, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: _________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 1 ATTACHMENT NO. 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.04 (SINGLE -FAMILY RESIDENTIAL ZONES); 18.06 (MULTIPLE-FAMILY RESIDENTIAL ZONES); 18.14 (PUBLIC AND SPECIAL-PURPOSE ZONES); 18.36 (TYPES OF USES); 18.38 (SUPPLEMENTAL USE REGULATIONS); 18.40 (GENERAL DEVELOPMENT STANDARDS); 18.42 (PARKING AND LOADING); 18.92 (DEFINITIONS); and 18.122 (BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1 (SP 2017- 1) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE; AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER PUBLIC RESOURCES CODE SECTION 21080.17 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15282 (H), 15061(B)(3); 15301, CLASS 1 (EXISTING FACILITIES); AND, 15303, CLASS 3 (NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) BECAUSE IT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. (ZONING CODE AMENDMENT NO. 2020-00169) (ADJUSTMENT NO. 2 TO THE BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1 (SPN2017-00001B)) (DEV2020-00001) WHEREAS the State of California has identified housing construction as a statewide priority and the legislature has adopted numerous reforms and incentives to facilitate and expedite its production of housing including recent changes to State law to reduce barriers, streamline approvals and encourage the development of Accessory Dwelling Units and Junior Accessory Dwelling Units; and WHEREAS on October 9, 2019, the Governor of California approved Assembly Bill No. 881 (Chapter 659, Reg. Sess. 2019) ("AB 881"), which eliminated perceived barriers to the development of Accessory Dwelling Units in single-family and multiple-family residential zones; and WHEREAS on October 9, 2019, the Governor of California approved Assembly Bill No. 68 (Chapter 655, Reg. Sess. 2019) ("AB 68"), which requires a local government to ministerially approve Junior Accessory Dwelling Units in single-family residential zones; and 2 WHEREAS, the purpose of this ordinance is to comply with State law regarding the development of Accessory Dwelling Units and Junior Accessory Dwelling Units to implement the goals and policies of the Housing Element of the Anaheim General Plan. It is also the purpose of this ordinance to preserve the integrity and character of residential neighborhoods; and WHEREAS from time to time and by resolution, the City Council may identify areas of the City with insufficient water and sewer services and where Accessory Dwelling Units and Junior Accessory Dwelling Units result in impacts to traffic circulation and public safety and therefore Accessory Dwelling Units and Junior Accessory Dwelling Units may not be permitted in such areas; and WHEREAS, the City Council finds that the ordinance complies with State law regarding the development of Accessory Dwelling Units and Junior Accessory Dwelling Units, and implements the goals and policies of the Housing and Public Services and Facilities Elements of the General Plan by ensuring that adequate housing to meet the needs of the community is served by adequate public utility infrastructure; and WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is exempt from the requirements to prepare additional environmental documentation per Public Resources Code Section 21080.17 and California Environmental Quality Act (CEQA) Guidelines Sections 15282 (h), 15061(b)(3); 15301, Class 1 (Existing Facilities); and, 15303, Class 3 (New Construction or Conversion of Small Structures); and WHEREAS, the City Council determines that this ordinance is a matter of City-wide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Table 4-B (Accessory Uses and Structures: Single-Family Residential Zones) of Chapter 18.04 (Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 3 Table 4-B ACCESSORY USES AND STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited RH- 1 RH- 2 RH- 3 RS- 1 RS- 2 RS- 3 RS- 4 Special Provisions Accessory Living Quarters P P P P P N N Subject to 18.04.080.020 & 18.38.020 Accessory Dwelling Unit P P P P P P P Subject to 18.38.015 Accessory Dwelling Unit - Junior P P P P P P P Subject to 18.38.015 Agricultural Workers Quarters P P N N N N N Requires a minimum lot size of ten (10) acres Animal Keeping P P P P P P P Subject to 18.38.030, except that in the RH-2 Zone, equine, bovine, sheep, goats & swine may be kept, stabled, tethered or otherwise maintained on minimum 22,000 sq. ft. parcels Antennas–Dish P P P P P P P Subject to 18.38.050 (may require a conditional use permit) Antennas– Receiving P P P P P P P Subject to 18.38.050 Day Care– Large Family P P P P P P P Subject to 18.38.140 Day Care– Small Family P P P P P P P Fences & Walls P P P P P P P Subject to 18.46.110; this use may occur on a lot with or without a dwelling Greenhouses– Private P P P P P N N Home Occupations P P P P P P P Subject to 18.38.130 Landscaping & Gardening P P P P P P P Subject to Chapter 18.46; this use may occur on a lot with or without a dwelling Mechanical & Utility Equipment– P P P P P P P Subject to 18.38.160 4 Table 4-B ACCESSORY USES AND STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited RH- 1 RH- 2 RH- 3 RS- 1 RS- 2 RS- 3 RS- 4 Special Provisions Ground Mounted Mechanical & Utility Equipment– Roof Mounted N N N P P P P Subject to 18.38.170 Parking Lots & Garages P P P P P P P To serve needs of primary use only; four-car limit for garages in RS-1 and RS-2 Zones Petroleum Storage– Incidental P P P P P P P Recreation Buildings & Structures P P P P P P P Short-Term Rentals P P P P P P P Subject to an administrative use permit as provided in Chapter 4.05 Solar Energy Panels P P P P P P P Subject to § 18.38.170 Senior Second Units M M M M M M N Signs P P P P P P P Subject to Chapter 18.44 SECTION 2. That Subsection .30 Section 18.04.070 (Structural Heights) of Chapter 18.04 (Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .030 Accessory Buildings. Non-habitable and habitable accessory structures, including but not limited to, garages, garden and storage sheds, and accessory living quarters, shall not exceed a height of one (1) story or sixteen (16) feet fifteen (15) feet, whichever is less. This provision shall not apply to structures that are located outside of all required setback areas and comply with the same provisions as the main dwelling. All accessory structures encroaching into required setback areas may be subject to additional height restrictions as outlined in Section 18.04.100 (Table 4-J — Permitted Encroachments for Accessory Uses/Structures: Single- Family Residential Zones). SECTION 3. That Table 6-B (Accessory Uses and Structures: Multiple-Family Residential Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 5 Table 6-B ACCESSORY USES AND STRUCTURES: MULTIPLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited RM- 1 RM- 2 RM- 3 RM- 3.5 RM- 4 Special Provisions Accessory Dwelling Unit P P P P P Subject to 18.38.015; only allowed on properties with an existing single-family residence Accessory Dwelling Unit - Junior P P P P P Subject to 18.38.015; only allowed on properties with an existing single-family residence Animal Keeping P P P P P Subject to § 18.38.030 Antennas–Dish P P P P P Subject to § 18.38.050 (may require conditional use permit) Antennas– Receiving P P P P P Subject to § 18.38.050 Day Care–Large Family P P P P P Subject to § 18.38.140 Day Care–Small Family P P P P P Fences & Walls P P P P P Subject to § 18.46.110; a fence or wall may occur on a lot with or without any other primary use structure Home Occupations P P P P P Subject to § 18.38.130 Landscaping & Gardens P P P P P Subject to Chapter 18.46; this use may occur on a lot with or without any other primary use structure Mechanical & Utility Equipment– Ground Mounted P P P P P Subject to § 18.38.160 Mechanical & Utility Equipment– Roof Mounted P P P P P Subject to § 18.38.170 Parking Lots & Garages P P P P P To serve needs of primary use only Recreation Buildings & Structures P P P P P 6 Table 6-B ACCESSORY USES AND STRUCTURES: MULTIPLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited RM- 1 RM- 2 RM- 3 RM- 3.5 RM- 4 Special Provisions Short-Term Rentals P P P P P Subject to an administrative use permit as provided in Chapter 4.05 Signs P P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Valet Parking M M M M M Vending Machines P P P P P Shall be screened from view from adjacent non-industrial property and public rights-of-way SECTION 4. That Table 14-B (Accessory Uses and Structures: Public and Special- Purpose Zones) of Chapter 18.14 (Public and Special-Purpose Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 14-B ACCESSORY USES AND STRUCTURES: PUBLIC AND SPECIAL- PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited OS PR SP T Special Provisions Accessory Dwelling Unit N N N P One Accessory Dwelling Unit allowed on a single- family detached dwelling unit on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920, with a General Plan Residential Land Use designation of Estate, Low Density, Low-Medium Hillside Density and Low-Medium Density. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Accessory Dwelling Unit – Junior N N N P One Accessory Dwelling Unit - Junior allowed on a single-family detached dwelling unit on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920, with a General Plan Residential Land Use designation of Estate, Low Density, Low-Medium Hillside Density and Low-Medium Density. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The 7 Table 14-B ACCESSORY USES AND STRUCTURES: PUBLIC AND SPECIAL- PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited OS PR SP T Special Provisions development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Accessory Entertainment N P P P Subject to § 18.16.060 in conjunction with a commercial use Agricultural Workers Quarters N N N P Allowed only if agricultural operation on the lot is a minimum of 10 acres; no kitchens are allowed Animal Keeping P P P P Only in conjunction with residence; subject to § 18.38.030 Antennas–Dish P P P P Subject to § 18.38.050 Antennas– Receiving P P P P Subject to § 18.38.050 Bingo Establishments N N P P Subject to Chapter 7.34 Caretaker Units P P P P Subject to § 18.38.090 Day Care–Large Family N N N P Subject to § 18.38.140 Day Care–Small Family N N N P Fences & Walls P P P P Subject to § 18.40.050; this use may occur on a lot without a primary use Home Occupations P P P P Only in conjunction with a residence; subject to § 18.38.130 Landscaping & Gardens P P P P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment– Ground Mounted P P P P Subject to § 18.38.160 Mechanical & Utility Equipment– Roof Mounted P P P P Subject to § 18.38.170 Parking Lots & Garages P P P P To serve needs of primary use only Petroleum Storage– Incidental N N N P Portable Food Carts N P P P Subject to § 18.38.210 8 Table 14-B ACCESSORY USES AND STRUCTURES: PUBLIC AND SPECIAL- PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited OS PR SP T Special Provisions Recreation Buildings & Structures P P P P Recycling Services– Consumer N P P P Subject to Chapter 18.48 Signs P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Valet Parking M M M M Vending Machines P P P P Shall be screened from view from public rights-of- way and shall not encroach onto sidewalks SECTION 5. That Section 18.36.050 (Accessory Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.36.050 ACCESSORY USE CLASSES. The following use classes are intended to describe only those uses that are incidental to and customarily associated with a primary use or main structure located on the same lot. .005 Accessory Dwelling Unit. This use class consists of a residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot zoned for residential use with a proposed or existing main dwelling unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation independent from the main dwelling unit. This use class consists of an attached or detached residential dwelling unit on a lot zoned for residential use, which provides complete independent living accommodations and facilities for one (1) or more persons, which includes permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as a legally established single-family dwelling. An Attached Accessory Dwelling Unit is attached to the main dwelling unit, having at least one (1) common wall and a common roof with the main dwelling unit. A Detached Accessory Dwelling Unit is detached from the main dwelling unit. .010 Accessory Dwelling Unit - Junior. This use class consists of a residential dwelling unit that is no more than 500 square feet in size, includes an efficiency kitchen, and is contained entirely within a single-family residence. An Accessory Dwelling Unit - Junior may include separate sanitation facilities or may share sanitation facilities with the existing structure. .0150 Accessory Living Quarters. This use class consists of habitable space one dwelling unit per lot, used for non-paying guests or household employees, for an allowable residence located on the same residentially zoned lot. 9 .020 Agricultural Workers Quarters. This use class consists of dwellings occupied by employees primarily engaged in commercial agricultural operations, and located on land owned or rented by the agricultural operator. Family members of the agricultural employees may also live in the same unit. .030 Amusement Devices. This use class consists of six (6) or fewer amusement devices, and any number of amusement devices that occupy forty-nine percent (49%) or less of the public floor area of an establishment. .035 Automated Teller Machines (ATM's). This use class consists of cash dispensing machines that are typically located inside an existing business. .040 Animal Keeping. This use class consists of keeping of pets and other domesticated animals owned by occupants of the lot, and not kept for remuneration, hire or sale. .050 Antennas–Dish. This use class consists of circular or nearly circular antennas used for the reception of electronic signals relayed by satellites moving through the sky. .060 Antennas–Receiving. This use class consists of roof-mounted antennas used for the reception of television, radio or other electronic signals from ground-mounted transmitting antennas or relay stations. .070 Bingo Establishments. This use class consists of establishments that offer bingo games to the public for the purpose of fundraising for an organization. .080 Caretaker Units. This use class consists of one dwelling unit per lot, used for the sole purpose of providing security, maintenance or similar services for an allowable non-residential use located on the same non-residentially zoned lot. .090 Day Care–Large Family. This use class consists of a day care facility located in a single-family residence, where an occupant of the residence provides care and supervision for between nine (9) and fourteen (14) children less than eighteen (18) years of age for periods of fewer than twenty-four (24) hours per day. Children less than the age of ten (10) years who reside in the home count as children served by the facility. .100 Day Care–Small Family. This use class consists of a day care facility located in a single-family residence, where an occupant of the residence provides care and supervision for eight (8) or fewer children less than eighteen (18) years of age for periods of fewer than twenty-four (24) hours per day. Children less than the age of ten (10) years who reside in the home count as children served by the facility. .105 Entertainment–Accessory. This use class consists of accessory entertainment offered in conjunction with a restaurant as defined in Section 18.92.210 of this code or other primary land use. The entertainment provided is intended to be part of the service provided at the establishment and is not the primary draw of customers to the establishment. The entertainment is not the primary source of income for the establishment. Typical land uses are coffee houses with live music, restaurants with live music, and accessory music within a bar. .110 Fences & Walls. This use class consists of a continuous barrier, including gates that separate, screens, encloses or marks the boundary of a lot or development. The barrier may consist of man-made materials, vegetative materials, earthen berms, or other natural or fabricated barrier. .120 Greenhouses–Private. This use class consists of a greenhouse, detached from the main dwelling and no larger than twenty percent (20%) of the main dwelling, used for gardening purposes. An attached greenhouse is considered to be part of the main dwelling. 10 .130 Home Occupations. This use class consists of an occupation that is carried on in any approved dwelling unit by the resident of the dwelling unit, and is incidental to the use of the dwelling unit such that it does not change the residential character of the unit or neighborhood. .140 Landscaping & Gardens. This use class consists of the noncommercial growing of trees, shrubs, flowers, gardens and other natural planting materials, as well as the use of non-vegetative landscaping materials. .150 Mechanical & Utility Equipment–Ground Mounted. This use class consists of ground-mounted mechanical or utility equipment, such as compressors, condensers, pipes used for heating and cooling, water backflow devices, above-ground fire lines, pad- mounted transformers, electric vehicle charging stations and other activities associated with and incidental to the main and accessory building. .160 Mechanical & Utility Equipment–Roof Mounted. This use class consists of roof-mounted mechanical or utility equipment, such as compressors, condensers, pipes, vents, ducts, and other activities associated with and incidental to the main building. .170 Outdoor Displays. This use class consists of the display of merchandise outside of an enclosed structure for the purpose of showing the merchandise to potential buyers or users. .180 Outdoor Storage. This use class consists of overnight storage of materials or finished products that are associated with and incidental to the primary use of the site. .190 Parking Lots & Garages. This use class consists of open parking lots and structures, including garages and carports, designed to be used for parking automobiles. The overnight storage of work related vehicles used during business hours is included in this use class. .195 Valet Parking. A parking service provided to accommodate users of an establishment, which service is incidental to the establishment and by which an attendant on behalf of the establishment takes temporary custody of the users’ vehicles and moves, parks, stores or retrieves the vehicle. .200 Petroleum Storage–Incidental. This use class consists of the storage of petroleum products, such as small quantities of gasoline, oil and lighter fluid, for use on- site, but not for resale or use off-site. .210 Portable Food Carts. This use class consists of portable carts from which coffee, non-alcoholic drinks, or prepared food is sold, and that are removed during the hours when the principle use with which they are associated is not operational. .220 Recreation Buildings & Structures. This use class consists of recreational uses associated with residential dwellings, such as swimming pools, cabanas, dressing rooms, private noncommercial workshops, barns, tennis and paddleball courts, play equipment, and non-habitable tree houses. .225 Recycling Services–Consumer. This use class consists of small-scale waste collection facilities as defined as a "Reverse Vending Machine" and "Small Collection Facility" in Chapter 18.48 (Recycling Facilities). .230 Retail Floor, Wall & Window Coverings. This use class consists of the sale of tile, floor coverings, wall coverings, and window coverings as an accessory use to a primary permitted industrial use. .250 Repealed by Ord. XXX, DATE Senior Second Units. This use class consists of an attached or detached dwelling unit providing complete independent living accommodations and facilities for one (1) or two (2) persons, both of whom are sixty-two (62) years of age or older, including permanent provisions for living, sleeping, eating, cooking and sanitation that are accessory to the primary dwelling unit on the same site. 11 .260 Short-Term Rentals. This use class consists of the rental of an approved short-term rental unit for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days in duration in a zoning district where residential uses are allowed. .270 Signs. This use class consists of any device used for visual communication intended to attract the attention of the public and that is visible from a public right-of-way or other properties. Items of merchandise normally displayed within a show window of a business are not included. .280 Solar Energy Panels. This use class consists of any solar collector(s) or other solar energy device(s) whose primary purpose is to provide for the collection of solar energy for space heating, space cooling, electric generation, or water heating. .290 Thematic Elements. This use class consists of non-occupiable structures that are intended to add interest to a specific area. Examples include gateways, towers, public art displays, monuments, fountains, sculptures, spires, and similar architectural features. .300 Vending Machines. This use class consists of an unattended, self-service device that, upon insertion of a coin or token, dispenses something of value, including food, beverages, merchandise or services. .310 Warehousing & Storage-Outdoors. This use class consists of the outdoor storage of equipment, materials, and finished products or refuse basic to the operations of permitted uses, other than the storage classified under the "Outdoor Storage Yards" use class. SECTION 6. That Section 18.38.015 (Accessory Dwelling Units) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.38.015 ACCESSORY DWELLING UNITS AND ACCESSORY DWELLING UNITS - JUNIOR. .010 Intent. The City recognizes the importance of livable housing and an attractive, suitable living environment for all residents. The State Legislature has declared that Accessory Dwelling Units and Junior Accessory Dwelling Units are a valuable form of housing in California. It is the intent of the City to permit Accessory Dwelling Units and Junior Accessory Dwelling Units, in conformance with State law, in all those areas and subject to standards that will ensure the units contribute to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of single-family residential neighborhoods. It is not the intent of this section to override lawful use restrictions as may be set forth in conditions, covenants and restrictions or similar instruments. .015 Definitions. For the purposes of this Section, the following words, terms, and phrases shall have the following meanings: .0051 “Efficiency Kitchen” A room used, or intended or designed to be used, for cooking or the preparation of food that includes at minimum a cooking facility with appliances, food preparation counter, and storage cabinets. .0052 “Kitchen” A room used, or intended or designed to be used, for cooking or the preparation of food that includes at minimum a stove, preparation counter, storage cabinets, refrigerator, and sink. 12 .0053 “Sanitation Facility” A room that includes a toilet compartment, sink with hot and cold water taps, and shower with or without a bathtub. .0054 “Junior Accessory Dwelling Unit” A use class defined as an Accessory Dwelling Unit - Junior in subsection .010 of Section 18.36.050 (Accessory Use Classes). .020 Multiple-Family Zones. For development of Accessory Dwelling Units in zones that allow multiple-family dwellings, the provisions of Government Code Section 65852.2 shall apply as the same may be amended from time to time: .0151 A local agency shall allow at least one Accessory Dwelling Unit within an existing multiple-family dwelling and shall allow up to 25 percent of the existing multiple-family dwelling units. .0152 Not more than two Accessory Dwelling Units that are located on a lot that has an existing multiple-family dwelling, but are detached from that multiple- family dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. .025.020 Density Provisions. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit that conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established, and shall be deemed to be an accessory single-family residential use which is consistent with the existing general plan and zoning designations for the lot. .030 Number of Units Per Parcel. No more than one (1) Accessory Dwelling Unit and one (1) Junior Accessory Dwelling Unit shall be allowed on a single lot. An Accessory Dwelling Unit shall not be allowed on a site with more than one dwelling unit. .040 Existing Lot and Uses. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be allowed if the existing lot and dwelling meet the following requirements: .0401 The lot on which the Accessory Dwelling Unit or Junior Accessory Dwelling Unit is proposed to be established shall contain one existing or proposed permanent main dwelling unit single-family dwelling, and no existing accessory living quarters, as defined in Section 18.38.020, Senior Second Unit (granny unit), guest house, servant's quarters or similar facility, unless the proposal includes demolition or modification of such facility so as to comply with the provisions of this section; and .0402 The Accessory Dwelling Unit is allowed in the zone in which it is proposed.; .0403 The existing residential use complies or, as proposed, will comply with current parking requirements, except as may be provided in Section 18.42.030; and .0404 If the existing main dwelling unit and any associated accessory structures comply with current zoning requirements, unless otherwise legally established, an Accessory Dwelling Unit may be permitted, provided the Accessory Dwelling Unit complies with the requirements of this section. .050 Prohibited Locations. Accessory Dwelling Units or Junior Accessory Dwelling Units are not permitted in any area of the City identified, by resolution of the City Council, to be areas with insufficient sewer infrastructure where accessory dwelling units result in impacts to the public health and safety. .060 Development Standards. The following development standards contained in Table 38-A (Accessory Dwelling Unit Development Standards) apply based on the type of unit and the applicable development standards. These standards shall apply to Accessory Dwelling Units and Junior Accessory Dwelling Units: 13 Table 38-A: Accessory Dwelling Unit Development Standards Junior Accessory Dwelling Unit Accessory Dwelling Unit ≤ 800 square feet Accessory Dwelling Unit > 800 square feet Minimum Unit Size 150 square feet. 150 square feet. 150 square feet. Maximum Unit Size 500 square feet.1 1Up to 150 square feet may be added to an existing main dwelling unit to accommodate ingress or egress, but the overall unit size shall not exceed 500 square feet. 800 square feet. Attached Detached 50% of main dwelling unit2 or 1,200 square feet (whichever is less). 2Studio and one-bedroom units permitted up to 850 square feet. Two bedroom units permitted up to 1,000 square feet. 1,200 square feet. Lot Coverage The standards of the underlying zone shall apply. Not Applicable. The standards of the underlying zone shall apply. Structural Setbacks The standards of the underlying zone shall apply. Front: Underlying zone3 Side: 4 feet Rear: 4 feet 3A detached Accessory Dwelling Unit shall be located no closer to the front property line than the front- most building wall of the Attached Detached Front: Underlying Zone Side: Underlying Zone Front: Underlying Zone4 Side: 4 feet Rear: 4 feet 4A detached Accessory 14 Table 38-A: Accessory Dwelling Unit Development Standards Junior Accessory Dwelling Unit Accessory Dwelling Unit ≤ 800 square feet Accessory Dwelling Unit > 800 square feet main dwelling unit; except for Accessory Dwelling Units resulting from the conversion of an existing garage, carport, or covered parking structure. Rear: Underlying Zone Dwelling Unit shall be located no closer to the front property line than the front-most building wall of the main dwelling unit; except for Accessory Dwelling Units resulting from the conversion of an existing garage, carport, or covered parking structure. Structural Height The standards of the underlying zone shall apply. Attached Detached Attached Detached The standards of the underlying zone shall apply. In addition to meeting the height of the underlying zone in which it is located, any additional height associated with a detached Accessory Dwelling Unit shall not exceed the height and the number of stories of the The standards of the underlying zone shall apply. In addition to meeting the height of the underlying zone in which it is located, any additional height associated with a detached Accessory Dwelling Unit shall not exceed the height and the number of stories of the main dwelling unit. 15 Table 38-A: Accessory Dwelling Unit Development Standards Junior Accessory Dwelling Unit Accessory Dwelling Unit ≤ 800 square feet Accessory Dwelling Unit > 800 square feet main dwelling unit. Building Separation Not Applicable. A detached Accessory Dwelling Unit shall have a minimum separation of 10 feet between the main dwelling unit and the detached Accessory Dwelling Unit. A detached Accessory Dwelling Unit shall have a minimum separation of 10 feet between the main dwelling unit and the detached Accessory Dwelling Unit. Maximum Number of Bedrooms Studio. Two bedrooms. Two bedrooms. Access Must have independent entrance from the exterior into the Junior Accessory Dwelling Unit. Must have independent entrance from the exterior into the Accessory Dwelling Unit. Must have independent entrance from the exterior into the Accessory Dwelling Unit. Kitchen Efficiency Kitchen. Kitchen. Kitchen. Sanitation Facility May share Sanitation Facility with main dwelling unit.6 or May have separate Sanitation Facility. 6When sharing Sanitation Facilities with the main dwelling unit, Sanitation Facility. Sanitation Facility. 16 Table 38-A: Accessory Dwelling Unit Development Standards Junior Accessory Dwelling Unit Accessory Dwelling Unit ≤ 800 square feet Accessory Dwelling Unit > 800 square feet interior access shall be provided between the main dwelling unit and the Junior Accessory Dwelling Unit. .0601 Facilities. The Accessory Dwelling Unit shall have a separate entrance, and shall contain kitchen and bathroom facilities separate from those of the main dwelling unit; .06012 Utility Services. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit may be metered separately from the main dwelling unit for gas, electricity, communications, water and sewer services. For new construction, a separate utility connection may be required directly between the Accessory Dwelling Unit and the utility. An Accessory Dwelling Unit that is contained within the existing space of a single-family residence or accessory structure shall not be considered a new dwelling unit for purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service, or impact fees such as park dwelling or traffic, and no new or separate utility connection between the Accessory Dwelling Unit and the utility shall be required. All other Accessory Dwelling Units may require a new or separate utility connection between the Accessory Dwelling Unit and the utility. Any connection fee or capacity charge shall be as set by resolution of the City Council and proportionate to the burden placed on the water and sewer systems due to unit size or number of plumbing fixtures; .06023 Accessory Dwelling Units shall not be required to provide fire sprinklers if they are not required for the primary residence; .0603 Patio covers, semi-enclosed patio covers, enclosed patio covers, and porches that are attached to an Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall comply with requirements of the underlying zone. .0604 Size. The size of the Accessory Dwelling Unit shall comply with the following requirements; .01 The minimum and maximum total floor area for an Accessory Dwelling Unit shall be as follows: Accessory Dwelling Unit Type Minimum Allowable Floor Area Maximum Allowable Floor Area Efficiency Unit - Attached 400 square feet 30% of main dwelling unit or 549 square foot, whichever is less 17 Efficiency Unit - Detached 400 square foot 50% of main dwelling unit or 549 square feet, whichever is less Studio, One-Bedroom or Two- Bedroom Attached - Attached 550 square foot 30% of main dwelling unit or 900/1,200* square feet, whichever is less Studio, One-Bedroom or Two- Bedroom Attached - Detached 550 square foot 50% of main dwelling unit or 900/1,200* square feet, whichever is less *Maximum of 1,200 square feet only allowed on lots that are a minimum of 19,000 square feet in size in all zones where permitted. For lots that are smaller than 19,000 square feet in size, the maximum allowed size is 900 square feet in all zones where permitted. .0605 The Accessory Dwelling Unit shall contain no more than two (2) bedrooms; .0606 Height. In addition to meeting the height requirements of the zone in which it is located, the height of a detached Accessory Dwelling Unit shall not exceed the height of the main dwelling unit and the number of stories; .0607 Except as otherwise provided by this section, an Accessory Dwelling Unit shall conform to the development standards for the underlying zone, including but not limited to, standards for front, rear and side setbacks, height and parcel coverage; .0608 A Detached Accessory Dwelling Unit shall have a minimum separation of ten (10) feet between the main dwelling unit and the Detached Accessory Dwelling Unit; .0609 No setback shall be required for an existing garage that is converted to an Accessory Dwelling Unit. A setback of five feet from the side and rear property lines shall be required for an Accessory Dwelling Unit that is constructed above a detached garage. An Accessory Dwelling Unit constructed above a garage shall not extend outside the footprint of the existing garage. All setbacks shall comply with all applicable Building Code requirements; and .0610 A Detached Accessory Dwelling Unit shall be located no closer to the front property line than the front-most building wall of the main dwelling unit; except for accessory dwelling units resulting from the conversion of an existing garage. .070 Design. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall conform to the following design standards: .0701 Exterior stairs and doors shall not be visible from any public right- of-way, excluding alleys; .0702 The design, color, material and texture of the roof shall be substantially the same as the main dwelling unit; .0703 The color, material and texture of all building walls shall be similar to, and compatible with, the main dwelling unit; .0704 The architectural style of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be the same or similar to the main dwelling unit, or, if no architectural style can be identified, the design of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be architecturally compatible with the main dwelling unit, and shall maintain the scale and appearance of the main dwelling unit a single-family dwelling; .0705 If the Accessory Dwelling Unit is constructed above the main dwelling unit or garage, all windows and doors shall be designed to minimize the privacy 18 impacts onto adjacent properties including, but are not limited to, window placement above eye level, windows and doors located toward the existing on-site residence; .0706 Permitted driveways and walkways shall occupy no more than fifty percent (50%) of the required street setback area, in compliance with Section 18.46.100.050.0501; .0707 When a garage, carport, or covered parking structure that is visible from any public right-of-way is converted or demolished in conjunction with the construction of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, the design shall incorporate features to match the scale, materials and landscaping of the original main dwelling unit house that preserve the existing streetscape and character of the surrounding neighborhood; and .0708 Adequate access by emergency services to both the main dwelling unit, primary residence and Accessory Dwelling Unit, and Junior Accessory Dwelling Unit shall be provided. .080 Parking. Parking for the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be provided in accordance with Section 18.42.030 (Residential Parking Requirements). .090 Historic Buildings. .0901 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit proposed for any lot that includes a building listed in the National Register of Historic Places, California Register of Historic Places, or the City of Anaheim's local historic inventory shall conform to the requirements for the historic structure; .0902 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit proposed for a property under a Mills Act Contract must comply with all Mills Act guidelines, including design conformance with the United States Secretary of the Interior Standards; .0903 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit proposed for any lot that includes a building listed in the National Register of Historic Places, California Register of Historic Places, or the City of Anaheim's local historic inventory are encouraged to comply with the design guidelines outlined in the City of Anaheim Citywide Historic Preservation Plan and other historic preservation plans as may be approved by the City Council; and .0904 Notwithstanding the foregoing, if the City Council acts to establish mandatory design standards for historically classified structures, the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall conform to the mandatory standards. .100 Code Compliance. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be constructed in accordance with provisions of the latest edition of building and other codes adopted by the City. .105 Sale or Conveyance of an Accessory Dwelling Unit. .1051 An Accessory Dwelling Unit may be rented separate from the main dwelling unit but may not be sold or otherwise conveyed separate from the main dwelling unit. .110 Ownership and Occupancy for Junior Accessory Dwelling Units. .1101 Owner Occupancy Required. One of the residential dwellings on a lot on which the Junior Accessory Dwelling Unit is proposed to be established shall be occupied as the primary residence of the owner of the lot, and shall not be rented or leased as long as the Junior Accessory Dwelling Unit exists. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization; 19 .1102 Rental Occupancy. The residential unit that is not occupied by the owner of the property in conformance with this subsection may be rented for no less than 30 consecutive days at any time; and .1103 Sale or ownership of an Junior Accessory Dwelling Unit separate from the main dwelling unit is prohibited. .120 Deed Restrictions. Prior to issuance of a building permit for an Junior Accessory Dwelling Unit, the property owner shall execute a covenant setting forth the Ownership and Occupancy requirements and the following minimum requirements, in a form and substance satisfactory to the Planning and Building Department and City Attorney's Office, which shall be recorded in the office of the Orange County Recorder: .1201 The Junior Accessory Dwelling Unit shall not be sold or owned separately from the main dwelling unit, and the parcel upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership; .1202 The Junior Accessory Dwelling Unit shall be a legal unit, and may be used as habitable space, only so long as either the main dwelling unit, or the Junior Accessory Dwelling, is occupied by the owner of record of the property; and .1203 The restrictions shall be binding upon any successor in ownership of the property. .125 Ownership and Occupancy for Accessory Dwelling Units shall be required effective January 1, 2025, unless otherwise stipulated by state law, subject to sections 18.38.015.110 and 18.38.015.120. .130 Existing Nonconforming Units. Accessory Dwelling Units that exist as of the effective date of this section that have previously been legally established may continue to operate as legal nonconforming Accessory Dwelling Units. Any Accessory Dwelling Unit that exists as of the effective date of this section, and has not previously been legally established, is considered an unlawful use, unless the Planning and Building Director determines that the unit meets the provisions of this section. .140 Conversion of Existing Structures. Conversion of legally established structures or conversions of space not previously legally established for habitable space, such as attics, basements, garages or any other part of a residential property, into an Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted. Conversion of Legally Established Structures to Accessory Dwelling Units. The conversion of legally established structures that exist as of the effective date of this section shall comply with the following requirements: .1401 Conversion of an existing legal "granny unit" or “senior second unit” into an Accessory Dwelling Unit shall require that the unit meet the provisions of this Code;. and Any legally established waivers or nonconformity that exist on the effective date of this section may continue, provided that in no manner shall such waiver or nonconformity be expanded; .1402 Legal nonconformities of the existing main dwelling unit shall be allowed to remain. Legal nonconformities of the existing main dwelling unit, except for parking standards relating to number and type of parking spaces, as specified in section 18.42.030 (Residential Parking Requirements), shall be allowed to remain, provided the structure is not altered to accommodate the Accessory Dwelling Unit in a manner which expands a nonconformity; .1403 The conversion of an attic, basement, garage or any other part of a single-family dwelling, which was not previously legally established for habitable space, shall comply with the provisions of this section and the underlying zone; and 20 .1404 Any conversion of structures not previously legally established for habitable space, constructed pursuant to approved variances from Code requirements pertaining to height, setback and lot coverage, shall comply with the provisions of this section. .150 Approval. The application for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be reviewed by the Planning and Building Director for compliance with the provisions of this section. If the Planning and Building Director determines that the application and evidence submitted show that the Accessory Dwelling Unit or Junior Accessory Dwelling Unit will comply with the requirements of this Section 18.38.015, the application shall be approved within 60 120 days of receipt; otherwise, the application shall be denied. Notwithstanding any other provision of this Code to the contrary, no waiver of, administrative adjustments, or variance from any requirement of this Section 18.38.015 shall be approved, nor shall any application for such a waiver, administrative adjustments, or variance be accepted for processing. .160 Interpretation by Planning Commission. If a question arises relating to interpretation or applicability of a provision of this section, the matter shall be considered by the Planning Commission as a "Reports and Recommendations" item, and determined by resolution. SECTION 7. That Subsection .020 of Section 18.38.020 (Accessory Living Quarters) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .020 Prohibition. An accessory living quarter shall not exist on a same lot with either and an Accessory Dwelling Unit or an Accessory Dwelling Unit - Junior, as defined in Chapter 18.36 (Types of Uses) of this chapter., shall not exist on the same lot. SECTION 8. That Subsection .150 of Section 18.38.215 (Residential Uses of Motels, Commercial and Office Structures) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .150 Development Standards. The conversion of a structure to a residential use shall comply with the development standards in Table 38-B Table 38-A. Table 38-B Table 38-A: Development Standards Minimum Floor Area Studio units: 275 square feet One-bedroom units: 400 square feet Minimum Size of Recreational-Leisure Areas 200 square feet for each dwelling unit including indoor and outdoor common areas; a common kitchen/ dining area shall be included as part of this requirement Storage Areas General storage cabinets with a minimum size of 100 cubic feet capacity shall be required for each dwelling unit, and may be provided adjacent to private recreational-leisure areas or located in close proximity to the unit 21 Table 38-B Table 38-A: Development Standards Parking and Loading Requires Parking Demand Study pursuant to paragraph 18.42.040.010.0108 and a Parking Management Plan pursuant to subsection 18.38.215.180 .1501 Development standards related to the existing lots and building footprints, including lot width, structural setbacks, structural height, site coverage, and lot area, shall not apply. .1502 With the exception of 18.38.215.150.1501 and Table 38-B Table 38-A, all other development standards of the “C-G” General Commercial Zone shall apply. .1503 Applicants of conversion projects for existing structures shall not be required to bring said structures into conformance with the Zoning Code. New construction associated with a conversion projects shall be required to meet all applicable development standards of the "C-G" General Commercial Zone. SECTION 9. That Subsection .010 of Section 18.40.090 (Sound Attenuation for Residential Developments) of Chapter 18.40 (General Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .010 Applicability. Residential developments involving the construction of two (2) or more dwelling units, or residential subdivisions resulting in two (2) or more parcels, and located within six hundred (600) feet of any railroad, freeway, expressway, major arterial, primary arterial or secondary arterial, as designated by the Circulation Element of the General Plan, shall comply with the provisions of this section. The construction of an Accessory Dwelling Unit or Accessory Dwelling Unit - Junior or senior second unit shall not constitute a residential development subject to the provisions of this section. SECTION 10. That Subsection .070 of Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .070 Accessory Dwelling Units and Accessory Dwelling Unit - Junior. The minimum required number of off-street, on-site parking spaces for an Accessory Dwelling Unit and Accessory Dwelling Unit - Junior, as defined in subsection .005 and .010 of Section 18.36.050 (Accessory Use Classes) and in conformance with the criteria and standards of Section 18.38.015 (Accessory Dwelling Unit and Accessory Dwelling Unit - Junior) shall be based on the total number of bedrooms as follows: Total Number of Bedrooms Minimum Number of Parking Spaces (subject to exemptions in subsection .0701 below) Studio 0 1 bedroom 1 2 bedroom 1 22 .0701 On-site parking is not required for an Accessory Dwelling Unit and Accessory Dwelling Unit - Junior in any of the following instances: (a) The Accessory Dwelling Unit is located within a one-half mile walking distance of a transit stop; (b) The Accessory Dwelling Unit is located within an architecturally and historically significant historic district; (c) The Accessory Dwelling Unit is part of the proposed or existing primary residence or an existing accessory structure; (d) When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit; (e) Where there is a car share vehicle station located within one block of the accessory dwelling unit; and/or (f) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit or converted to an Accessory Dwelling Unit. Accessory Dwelling Units, as defined in paragraph .005 of subsection 18.36.050 (Accessory Use Classes) and in conformance with the criteria and standards of Section 18.38.015 (Accessory Dwelling Units) shall be provided with a minimum of one parking space per unit, in addition to the parking required for the main dwelling unit. .0702 If parking for the Accessory Dwelling Unit is provided in a garage which also provides parking for the main dwelling unit, the provided space(s) shall be for the exclusive use of the Accessory Dwelling Unit. The space(s) shall be separated from any garage spaces for the main dwelling unit by a wall or other permanent barrier, and shall have a separate or independent garage door; .0703 The Accessory Dwelling Unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless the Accessory Dwelling Unit has access from a public alley contiguous to the lot, or is located on a corner lot for which secondary access is permitted for parking outside the street side setback. A vehicular driveway that provides access to required parking shall have a minimum width of ten (10) feet; .0704 Any additional required parking may be located in any configuration on the same lot.; .0705 When a required garage, carport, or covered parking structure for the main dwelling unit is converted or demolished in conjunction with the construction of an Accessory Dwelling Unit, the replacement spaces for the main dwelling unit may be located in any configuration on the same lot as the Accessory Dwelling Unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces in compliance with the requirements of this section; and .0706 On-site parking is not required for an Accessory Dwelling Unit in any of the following instances: (a) The Accessory Dwelling Unit is located within a one-half mile walking distance of a transit stop; (b) The Accessory Dwelling Unit is located within a historic district; (c) The Accessory Dwelling Unit is part of the existing primary residence or an existing accessory structure; (d) When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit; and/or (e) Where there is a car share station located within one block of the accessory dwelling unit. 23 SECTION 11. That Subsection .080 of Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .080 Repealed by Ord. XXX, DATE Senior Second Units. .0801 Senior Second Units (granny units), for which a conditional use permit is approved, as authorized by Section 65852.1 of the California Government Code: one (1) off-street parking space for each unit. Required parking spaces for senior Second Units shall not be in tandem to other on-site parking spaces for the main dwelling unit. SECTION 12. That Section 18.92.080 (“E” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: "Easement." A legal right, such as a right-of-way, afforded an individual, business or other organization to make limited use of another's real property. "Educational Institution." A public, parochial, private, charitable or nonprofit institution that provides educational instruction to students over the age of five (5) years. "Efficiency Unit." Has the same meaning as defined and used in Section 17958.1 of the California Health and Safety Code. An Accessory Dwelling Unit with a minimum size of four hundred (400) square feet, and maximum size of five hundred and forty nine square feet (549) and containing only one (1) habitable room. "Emergency Shelter." Has the same meaning as defined and used in Section 50801(e) of the California Health and Safety Code. "Employee." Shall include independent contractors and unpaid volunteers. The term "employ" shall include, without limitation, using or allowing services to be provided by an independent contractor or unpaid volunteer. "Entertainment." Every form of live entertainment including, without limitation, any music, band or orchestra, act, play, burlesque, revue, pantomime, scene, karaoke, song or dance act or dancing by patrons. "Entertainment" includes, without limitation, a single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited to watch, listen, or participate. "Entertainment Premises." Any premises used for a restaurant, coffee shop, bar, nightclub, or establishment serving food, and/or other refreshments and where amusement and entertainment activities are conducted. "Entity." Any firm, partnership, corporation, joint venture, unincorporated association or other association of any type or nature. "Expressway, Scenic." A road intended to permit a relatively unimpeded traffic flow while allowing for motorists to view scenic features as they drive; "Scenic Expressways" are shown on the Roadway Network map of the General Plan. SECTION 13. That Section 18.92.220 (“S” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: "Schools, Elementary, Junior High and High." An institution of learning which offers instruction in the several branches of learning and study required to be taught in public schools by the California Education Code. 24 "Senior Citizen." A person sixty-two (62) years of age or older; or fifty-five (55) years of age or older in a senior citizen housing development. "Senior Citizens' Apartment Project." An apartment project approved pursuant to the provisions of Chapter 18.50 (Senior Citizens' Apartment Projects), with the occupancy of each dwelling unit being limited to at least one (1) resident of each such unit being a senior citizen, with the exception of not more than one (1) dwelling unit thereof, identified as the "resident manager's dwelling unit" in covenants recorded against the property, which unit may be occupied by a resident manager and his or her family, regardless of their ages. "Senior Citizens' Apartment Project – Congregate Care." A senior citizens' apartment project, as the term is defined in this section, which also provides nursing, dietary and other personal services to residents. "Senior Citizens' Dwelling Unit." Each dwelling unit within a senior citizens' apartment project, with the exception of the resident manager's dwelling unit, if any. "Senior Citizen Housing Development." A residential development developed, substantially rehabilitated, or substantially renovated, for senior citizens that has at least thirty-five (35) dwelling units, as defined in California Civil Code Section 51.3. "Senior Second Unit" or "Granny Unit." An Accessory Dwelling Unit, as defined in Section 18.36.050 (Accessory Dwelling Units) of Chapter 18.36 (Types of Uses), that does not meet the requirements of Section 18.38.015 (Accessory Dwelling Units) for an Accessory Dwelling Unit, where the unit is for the sole occupancy of one (1) or two (2) adult persons, both of whom are sixty-two (62) years of age or over. "Service Station." A retail place of business engaged primarily in the sale of motor fuels, and incidentally supplying goods and services required for the operation and maintenance of automotive vehicles. "Setback, Required." The minimum dimension between a structure and the adjacent public right-of-way, such as a street, highway, expressway or freeway; or any adjacent private vehicle accessway easement, excluding private driveways; or any railroad or any riding and hiking trail easement; or any interior property line. "Setback, Street Side." The side area abutting a street on a reverse corner lot, or a reverse building frontage of a normal corner lot, which extends from the rear property line to the front setback line. "Single Housekeeping Unit." A non-transient group of persons jointly occupying a single dwelling unit, including the use of common areas, for the purpose of sharing household activities and responsibilities such as meals, chores and expenses. "Smoking Lounges." A business establishment that is dedicated, in whole or part, to the smoking of tobacco or other substances, including but not limited to establishments known variously as cigar lounges, hookah cafes, tobacco clubs or tobacco bars. "Special Event." A special event is any event, promotion or sale sponsored by a business, shopping center or organization which is held outside the confines of a building, whether or not a business license is required, and which may include (or be limited to) the outdoor display of merchandise, the display of temporary signs, flags, banners or fixed balloons, or rides, games, booths or similar amusement devices, whether or not a fee or admission is charged for such event. "Stable, Private." A structure or accessory building for the keeping of animals owned by the owners or occupants of the premises, which are not kept for remuneration, hire or sale. A stable may or may not include a corral. "Stable, Public." A stable other than a private stable. "Story." That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between 25 the floor and the ceiling above it; provided that, where maximum building height is specified in this title in terms of maximum number of stories, the maximum height shall not exceed twenty-five (25) feet for any one (1)-story building, thirty (30) feet for any two (2)-story building, thirty-five (35) feet for any two and one-half (2-1/2)-story building, and seventy-five (75) feet for any six (6)-story building. "Street." A public or recorded private thoroughfare that affords primary means of access to abutting property. "Street Line." The boundary line between a street and abutting property. "Street Side." That street bounding a corner lot, and which extends in the general direction as the line determining the depth of the lot. "Structure." Anything constructed or erected, which requires location on the ground, or attachment to something having a location on the ground. "Structural Alterations." Any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines. "Studio Unit." A dwelling unit without a bedroom. SECTION 14. That Table 122-C (Accessory Use Classes by Development Area) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 122-C ACCESSORY USE CLASSES BY DEVELOPMENT AREA P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N- C R- C O S- P P- R Special Provisions Accessory Dwelling Unit N P N P N P N P N N N N N Subject to 18.38.015 Accessory Dwelling Unit - Junior N N N N N N N N N Accessory Living Quarters N N N N N N N N N Agricultural Workers Quarters N N N N N N N N N Accessory Entertainment N N P P P P N N N Subject to 18.16.060 Amusement Devices N N P P P P N N N Subject to 18.16.050 Animal Keeping P P P P N N N N N Subject to 18.38.030 Antennas–Dish P P P P P P P P N Subject to 18.38.050 26 Table 122-C ACCESSORY USE CLASSES BY DEVELOPMENT AREA P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N- C R- C O S- P P- R Special Provisions Antennas– Receiving P P P P P P P P N Subject to 18.38.050 and 18.38.050.010 Automatic Teller Machines (ATM's) N N P P P P P P P Subject to 18.36.050.035 Bingo Establishments N N P P P P C C C Subject to Chapter 7.34 Caretaker Units P P P P P P N N N Subject to 18.38.090 Day Care–Large Family P P P P N N N N N Subject to 18.38.140 Day Care–Small Family P P P P N N N N N Fences & Walls P P P P P P P P P Subject to 18.40.050; this use may occur on a lot without a primary use. Greenhouses– Private N N N N N N N N N Home Occupations P P P P N N N N N Subject to 18.38.130 Landscaping & Gardens P P P P P P P P P Subject to Chapter 18.46; this use may occur on a lot without a primary use. Mechanical & Utility Equipment – Ground Mounted P P P P P P P P P Subject to 18.38.160 Mechanical & Utility Equipment – Roof Mounted P P P P P P P P P Subject to 18.38.170 Outdoor Displays N N P P P P N N N Subject to 18.38.190 Outdoor Storage N N N N N N N N N 27 Table 122-C ACCESSORY USE CLASSES BY DEVELOPMENT AREA P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N- C R- C O S- P P- R Special Provisions Parking Lots & Garages P P P P P P P P P To serve needs of on- site primary use only Portable Food Carts N N N N N P N P N Subject to 18.38.210 Recreation Buildings & Structures P P P P P P P P P Recycling Facilities N N N N P P P P N Subject to Chapter 18.48 Retail Sales– Kiosks N N M M M M N N M Short-Term Rentals N N N N N N N N N Signs P P P P P P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P P P P P P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Thematic Elements N N C C C C N N N Valet Parking M M M M M M M M N Vending Machines P P P P P P P P P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks Warehousing & Storage-Outdoors N N N N N N N N N SECTION 15. SEVERABILITY. 28 The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 16. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 17. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. All applications submitted on or after the effective date shall comply with the requirements of this ordinance. /// /// /// /// /// /// THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2020, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2020, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 29 CITY OF ANAHEIM By: _________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.