Resolution-PC 2003-56• ~
RESOLUTION NO. PC2003-56
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE
THE 'DEFICIENCIES AREA' MAP DATED APRIL 2003
WHEREAS, on September 29, 2002, the State of California Legislature approved Assembly
Bill No. 1866 which, among other things, amended Government Code Section 65852.2 requiring cities to
permit second units in single-family and multiple-family residential zones; that the State law identifies criteria
under which a second unit is to be permitted, requires a ministerial approval process and limits the
requirements cities may impose on the construction of such second units; and
WHEREAS, under the new State law, requests for second units, including granny units, shall
be processed in connection with conditional use permits and shall be subject to the findings and limitations
identified in Sections 65852.1 and 65852.2 of the Government Code until July 1, 2003; and
WHEREAS, as of July 1, 2003 the new law requires cities to allow second units in residential
zones without discretionary action; that cities may adopt ordinances creating specifications and standards
for second units subject to compliance with Government Code Section 65852.2 and cities may prohibit
second units in areas which are determined to be significantly impacted by insufficient capacity pertaining to
traffic circulation, parking, public utilities and/or other infrastructure and which deficiency would be
exacerbated by the construction of second units; and that if a city chooses not to adopt such an ordinance,
only the provisions identified in the State law may be used to evaluate proposed second units; and
WNEREAS,_ under Zonin.g Code Amendment No. 2003-00021, which is being processed
concurrently with a proposed Deficiencies Area Map, a draft ordinance amending Title 18 (Zoning) pertaining
to second units in residential zones and other related standards was prepared for Planning Commission and
City Council consideration; that said draft ordinance addresses prohibited locations for second units where
there is an existing insufficient capacity for traffic circulation, parking, public utilities and/or other
infrastructure; and that a Deficiencies Area Map was prepared to identify areas of existing significant
deficiencies that would be adversely impacted by the construction of unanticipated second units; and
WHEREAS, the City Planning Commission did hold a public meeting at the Civic Center in the
City of Anaheim on April 21, 2003, at 1:30 p.m., to hear and consider said proposed Code Amendment and
the proposed Deficiencies Area Map, and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, said 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, does find and
determine the following facts:
1. That the Planning Commission has recommended that City Council approve Zoning Code
Amendment No. 2003-00021 and adopt an ordinance to permit second units in residential zones in
accordance with State law, and including certain other related Code amendments.
2. That Section 65852.2 of the Government Code authorizes cities to use criteria such as
adequacy of water and sewer services and the impact of second units on traffic flow to determine areas
where second units may be permitted; and that the ordinance proposed in connection with Zoning Code
Amendment No. 2003-00021 provides that second units shall not be permitted in any area of the City
identified by resolution of the Planning Commission and/or the City Council as being significantly impacted
by insufficient capacity for traffic circulation, parking, public utilities and/or other infrastructure.
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3. That based on review and analysis of on-street parking throughout the City, as discussed in
the Staff Report to the Planning Commission dated April 21, 2003, certain areas of existing significant
deficiencies containing insufficient capacity for parking, which would be negatively impacted by the creation
of second units, have been identified; that said areas are so significantly impacted by deficient on-street
parking that the residents have sought and obtained parking by'permit only' on public streets through the
City's parking permit program and that said areas have been identified as prohibited locations for second
units due to the insufficiency of parking on public streets; that although on-site parking is required as a part
of the proposed ordinance permitting second units, the number of parking spaces which may be required is
restricted by State law, and the experience throughout the City is that overflow parking onto public streets is
frequently utilized even when existing parking requirements are met; and that the need for `permit only'
parking on streets indicates that parking needs for these neighborhoods are not being absorbed on-site, and
it can be anticipated that allowing second units, which introduce additional households and may include
multiple drivers, will cause a detrimental effect on an already burdened neighborhood.
4. That based on review and analysis of sewer capacity throughout the City, as discussed in the
Staff Report to the Planning Commission dated April 21, 2003, certain areas of existing significantly deficient
sewer capacity, which would be exacerbated by the construction of second units, have been identified; that
second units are housing units which are not anticipated in the build-out scenario for the City and allowing
unanticipated second units in neighborhoods that are deficient in sewer capacity will overburden the existing
sewers; that, additionally, areas where some sewer capacity remains but is not adequate to provide for
build-out of the current zoning should not be further burdened by the construction of second units and that in
these areas, even with sewer improvements, excess capacity may not be available for second units since
proposed plans for sewer capacity upgrades have not taken into account these un-anticipated housing units;
and that permitting second units in these areas would constitute a health and safety hazard and, moreover,
sewer spills into the City's storm drain system would subject the City to severe penalties under its National
Pollutant Discharge Elimination System ("NPDES") Permit.
5. That based on the above-described review and analysis of on-street parking and sewer
capacity throughout the City, a Deficiencies Area Map dated April 2003 has been prepared identifying areas
in the City which are already burdened with sewer capacity and parking deficiencies and are not suitable for
the construction of second units without negatively impacting the existing neighborhoods; and that following
approval by the Planning Commission and/or City Council, said Map may be updated from time to time
based on changing infrastructure needs.
6. That no one indicated their presence at the public meeting in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project is statutorily exempt from the
requirement to prepare an Environmental Impact Report ("EIR") under Public Resources Code Section
21080.17 and California Environmental Quality Act ("CEQA") Guidelines Section 15282(i), which exempt
ordinances for second units to implement the provisions of Government Code Sections 65852.1 and
65852.2; and that this project is also categorically exempt under CEQA Guidelines Section 15061(b)(3),
which provides that where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, said activity is not subject to CEQA.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby recommend that the City Council approve the 'Deficiencies Area' Map dated April 2003, which
identifies those certain locations having existing significantly deficient on-street parking capacity and/or
existing significantly deficient sewer capacity.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 21, 2003.
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CHAI ERSON, ANA CI PLANNING OMMISSION
ATTEST:
~ l i`~'--L ~ '
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on April 21, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
/ T
IN WITNESS WHEREOF, I have hereunto set my hand this L~ day of
, 2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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