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PC 2021/07/07.pdf07-07-2021 Page 2 of 4 City of Anaheim Planning Commission Agenda Wednesday, July 7, 2021 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairperson: Kimberly Keys • Chairperson Pro-Tempore: Natalie Meeks • Commissioners: Lucille Kring, Rosa Mulleady, LuisAndres Perez 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, before the meeting, 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 07-07-2021 Page 3 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. Planning Commission Appointments Appointment of a Planning Commission Chairperson (Motion) Appointment of a Planning Commission Chairperson Pro-Tempore (Motion) 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. 07-07-2021 Page 4 of 4 Public Hearing Items ITEM NO. 2 ZONING CODE AMENDMENT NO. 2021-0177 (DEV2021-00117) Location: Citywide Request: This is a City-initiated request to amend Chapter 17.28 (Flood Hazard Reduction) of Title 17 (Land Development and Resources) and Chapter 18.28 (Floodplain “FP” Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (Code) to provide clarity, create consistency of terms and definitions, and provide for compliance with the National Flood Insurance Program (NFIP). Environmental Determination: The Planning Commission, by motion, recommend that the City Council determine that the Proposed Draft Ordinance (Attachment 1) is not subject to California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15060 (c)(2) and 15061(b)(3); and, that the City Council adopt the Proposed Draft Ordinance. Project Planner: Charles Guiam cguiam@anaheim.net Adjourn to Monday, August 2, 2021 at 5:00 p.m. 07-07-2021 Page 5 of 4 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 11 a.m. July 1, 2021 (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 8:00 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 8:00 de la mañana un día hábil 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: JULY 7, 2021 SUBJECT: ZONING CODE AMENDMENT NO. 2021-00177 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated request to amend Chapter 17.28 (Flood Hazard Reduction) of Title 17 (Land Development and Resources) and Chapter 18.28 (Floodplain “FP” Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (Code) to provide clarity, create consistency of terms and definitions, and provide for compliance with the National Flood Insurance Program (NFIP). RECOMMENDATION: Staff recommends that the Planning Commission, by motion, recommend that the City Council determine that the Proposed Draft Ordinance (Attachment 1) is not subject to California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15060 (c)(2) and 15061(b)(3); and, that the City Council adopt the Proposed Draft Ordinance. BACKGROUND: The Federal Emergency Management Agency (FEMA), through the Federal Insurance Administration, makes flood insurance available to residents of communities, such as Anaheim, that participate in the U.S. Department of Homeland Security’s National Flood Insurance Program (NFIP). Participation in the NFIP is dependent on these communities adopting and enforcing adequate floodplain management regulations that meet the minimum NFIP requirements. The City has participated in the NFIP since 1975 and received its initial Flood Insurance Rate Maps (FIRMS) from FEMA in 1980. Periodically, FEMA conducts Community Assistance Contact (CAC) meetings in order to maintain contact with NFIP communities. The CAC also allows FEMA to determine the level of technical assistance that would benefit the community’s floodplain management program. The CAC helps to ensure the community is compliant with the NFIP and remains in Good Standing in order to participate in the Community Rating System (CRS) Program, which entitles property owners to a 10% discount on their flood insurance premiums. Currently in the City of Anaheim, there are 330 flood insurance policies in effect totaling $110,297,800 in coverage. Since joining the NFIP, there have been 48 paid losses totaling $144,436.27 within special flood hazards areas (SFHAs). The Citywide flood reference map, which has been updated and is maintained by FEMA, is included as Attachment 4. ZONING CODE AMENDMENT NO. 2021-00177 July 7, 2021 Page 2 of 3 On January 27, 2021, FEMA staff met with City staff to provide NFIP-related technical assistance and assess the City’s enforcement of the NFIP regulations listed in Title 44 (Emergency Management and Assistance) of the Code of Federal Regulations (CFR). Following the CAC meeting, FEMA provided a summary report to City staff detailing the technical assistance topics discussed, NFIP resources, and guidance to support program implementation (Attachment No. 3). The summary report also provided two minor findings that require amendments to the City’s Floodplain Management Regulations, which the City has codified in Anaheim Municipal Code Chapter 17.28 (Flood Hazard Reduction) of Title 17 (Land Development and Resources) and Chapter 18.28 (Floodplain “FP” Overlay Zone) of Title 18 (Zoning). The proposed amendments detailed in the following section will bring the Code into compliance with NFIP Regulations and allow the City to continue participation in the CRS Program. PROPOSAL AND ANALYSIS: Staff has reviewed the CAC report and prepared the Proposed Draft Ordinance (Attachment No. 1), which would amend Chapter 17.28 (Flood Hazard Reduction) of Title 17 (Land Development and Resources) and Chapter 18.28 (Floodplain “FP” Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (Code). Attachment No. 2 provides a redline copy of the Proposed Draft Ordinance, which highlights the changes between existing Code requirements and proposed Code requirements. This request includes modifications to flood-related definitions, procedures, and development standards already contained in the Code. The proposed modifications reflect the missing minimum NFIP requirements identified by FEMA Staff, as well as the addition of definitions and provisions mandated by the NFIP. Provisions added to the Code include the Citation of Statutory Authorization, Severability, notification procedures upon the annexation of property, procedures for maintenance of records, and missing definitions as identified or recommended by FEMA Staff. Modifications of the Code include corrected references of the initial effective date of the City’s Floodplain Management Regulations and FIRM effective dates, updates to definitions for consistency with the CFR, updates to the authority on hearing variance requests, and clarification of Department responsibilities, procedures, and development standards. To simplify the implementation of the Floodplain management regulations, provisions related to procedures and standards within sections 17.28.110, 17.18.120, 17.28.125, and 18.28.060 (“Administration of Chapter”, “Duties and Responsibilities of the Planning Director,” “Duties and Responsibilities of the City Engineer,” and “Required Procedures and Development Standards,” respectively) were consolidated into Chapter 17.28. This allows Chapter 18.28 to focus on the delineation of the Floodplain (FP) Overlay Zone boundaries and the land uses allowed within the Overlay Zone. However, there are no changes proposed to the delineation of special flood hazard areas, or types of uses permitted, conditionally permitted, or specifically prohibited. An interdepartmental team of staff from the Planning and Building Department, Public Works Department, and City Clerk’s Office, as well as FEMA Staff, has reviewed the proposed changes submitted to the Planning Commission. Staff believes the additions and modifications provided in the Draft Proposed Ordinance clarifies definitions, roles, procedures, and standards in the Code which will bring the City’s Floodplain Management Regulations into compliance with the NFIP ZONING CODE AMENDMENT NO. 2021-00177 July 7, 2021 Page 3 of 3 and allow for continued participation in the CRS Program. Staff believes that the Proposed Draft Ordinance sufficiently addresses the concerns raised in the CAC Report and recommends that the Planning Commission recommend City Council approval of the amendments. ENVIRONMENTAL ANALYSIS: Staff recommends that the Planning Commission recommend that the City Council determine that the Proposed Draft Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15061(b)(3) of the State CEQA Guidelines. Pursuant to Section 15060(c)(2), the Proposed Draft Ordinance is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In addition, pursuant to Section 15061(b)(3), the Proposed Draft Ordinance fits within the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. In that, the proposed amendments would provide clarity, create consistency of terms and definitions, and provide for compliance with the National Flood Insurance Program (NFIP). The proposed amendments will not have a significant effect on the environment; and, therefore, the activity is not subject to CEQA. CONCLUSION: Staff recommends approval of this request, which in summary would provide staff, decision makers, and members of the public with clearer standards, procedures and definitions related to the implementation of the NFIP. The proposed additions and modifications to the Code will bring the Code into compliance with NFIP Regulations as reviewed by City and FEMA staff. Prepared by, Submitted by, Charles Guiam Niki Wetzel, ACIP Planner Deputy Planning and Building Director Attachments: 1. Draft Ordinance 2. Draft Ordinance – Redlines 3. Community Assistance Contact Report – February 12, 2021 4. Anaheim Special Flood Hazard Areas Reference Map B E A C H B O U L E V A R D M A G N O L I A A V E N U E K N O T T S T R E E T B R O O K H U R S T S T R E E T E U C L I D S T R E E T H A S T E R S T R E E T K R A E M E R B L V D . T U S T I N A V E N U E L A K E V I E W A V E N U E F A I R M O N T B L V D . W E I R C A N Y O N R O A D I M P E R I A L H I G H W A Y S E R R A N O A V E N U E G Y P S U M C A N Y O N R O A D C O A L C A N Y O N R O A D NOH L RANC H ROAD LA P ALMA AVEN UE LINC OLN AVEN UE BALL ROA D KATELLA AVEN UE CHAP MA N AVEN UE S T . C O L L E G E B L V D . H A R B O R B L V D . B E A C H B O U L E V A R D W E S T S T R E E T M A G N O L I A A V E N U E IM PERIAL H W Y SANTA ROAD C A N Y O N A N A K N O T T S T R E E T ORA NGE THO RPE AVEN UE B R O O K H U R S T S T R E E T E U C L I D S T R E E T H A R B O R B L V D . E A S T S T R E E T S T . C O L L E G E B L V D . §¨5 §¨5 |91 |91 |57 |57 |55 |241|91 A g e n d a I t e m L o c a t i o n s f o r t h e P l a n n i n g C o m m i s s i o nJuly 7 , 2 0 2 1 °0 1 2 Miles Anaheim Canyon Anaheim Resort Platinum Tria ngle City of AnaheimGIS Central June 30, 2021 Approximate Location of Agenda Item¬ 2 ITEM NO.ITEM NO.ITEM NO.2 DEV2021-00117 Citywide