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Resolution-PC 2003-80~ . RESOLUTION NO. PC2003-80 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING AREAS OF SEWER AND PARKING DEFICIENCIES RELATING TO SECOND UNITS AND MAKING CERTAIN FINDINGS RELATING THERETO. WHEREAS, on September 29, 2002, the State of California Legislature approved Assembly Bill No. 1866 which, among other things, amended Government Code Section 65852.1, requiring cities to permit second units in single-family and multiple-family residential zones, identifying criteria under which a second unit is to be permitted, requiring a ministerial approval process and limiting the requirements cities may impose on the construction of such second units; and WHEREAS, as of July 1, 2003, the new law requires cities to allow second units in residential zones without discretionary action, although cities may adopt ordinances creating specifications and standards for second units subject to compliance with Government Code Section 65852.2; and WHEREAS, cities may prohibit second units in areas which are determined to be signi~cantly 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 WHEREAS, on May 13, 2003, the Anaheim City Council adopted Ordinance No. 5857, establishing a process for ministerial approval of second units and creating specifications and standards for such.units (the "Second Unit Ordinance"); and WHEREAS, the Second Unit Ordinance permits second units, subject to the standards identified therein, in all residential areas of the City, excluding only the areas established by Planning Commission and/or City Council resolution as deficiency areas which are significantly impacted by insufficient capacity for sewers, traffic circulation, parking, public utilities, or similar infrastructure needs; and WHEREAS, the City Planning Commission did hold a public meeting at the Civic Center in the City of Anaheim on June 16, 2003, at 1:30 p.m., to hear and consider said 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. 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. 2. The Second Unit Ordinance 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. 3. Following review and analysis of sewer capacity throughout the City, as discussed in the Staff Reports to the Planning Commission dated April 21, 2003, and June 16, 2003, which discussion is incorporated herein by this reference, certain areas of existing significantly deficient sewer capacity, which would be exacerbated by allowing second units, have been identified, based on the following: a. Second units are housing units, which are not anticipated in the build-out scenario for the City, and the City recognizes a probable increase in the amount of discharge into the sewers generated by the addition of a second unit compared to a minor expansion of an existing unit, which would be permitted; Cr\PC2003-080 -1- PC2003-80 • ~ b. Allowing unanticipated second units in neighborhoods that are currently deficient in sewer capacity will overburden the existing sewers; c. 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 allowing second units because in these areas, even with sewer improvements, sufficient capacity may not be available to adequately serve second units, since proposed plans for sewer capacity upgrades have not taken into account these unanticipated housing units; d. Permitting second units in said identified areas may lead to sewer spills into the City's storm drain system, which may constitute a hazard and would subject the City to severe penalties under its National Pollutant Discharge Elimination System ("NPDES") Permit; e. Permitting second units in said identified areas would constitute a health and safety hazard, and would have adverse impacts on the public health, safety and welfare. 4. Following review and analysis of on-street parking throughout the City, as discussed in the Staff Reports to the Planning Commission dated April 21, 2003, and June 16, 2003, which discussion is incorporated herein by this reference, 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, based on the following: a. Said areas are so significantly impacted by deficient on-street parking that the residents have sought and obtained parki~g.by'per.mit. onl.y' on public streets through the City's-parking_permit program; b. Although on-site parking is required as a part of the proposed ordinance permitting second units, the number of parking spaces vyhich may be required is restricted by State law, and the sxperience throughout the City, as indicated by the Traffic Engineer, is that overFlow parking onto public streets is frequently utilized even when existing parking requirements are met; c. 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, and have negative impacts on traffic flow as residents seek parking spaces; and d. Permitting second units in said areas would exacerbate existing parking deficiencies, impact traffic flows, and increase the likelihood that residents will park in areas that are not within reasonable walking distance to the dwelling, thereby resulting in negative impacts on the public health, safety and welfare. 5. Based on the above-described review and analysis of sewer capacity and on-street parking throughout the City, a Deficiencies Area Map dated June, 2003, has been prepared identifying areas in the City which are already burdened with sewer capacity and parking deficiencies and are not suitable at this time for allowing second units without negatively impacting the existing neighborhoods and having adverse impacts on the public health, safety and welfare. 6. The Planning Commission anticipates that the De~ciencies Area Map will be reviewed and updated from time to time to ensure that the map continues to reflect areas where second units should not be allowed and to remove areas which would no longer be negatively impacted by the creation of new second units because improvements to the infrastructure or other changed circumstances have eliminated the previously identified deficiency. -2- PC2003-80 • i WHEREAS, the adoption of this resolution pursuant to the Second Unit Ordinance to implement the provisions of Government Code Sections 65852.1 and 65852.2 is statutorily exempt from the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(i) and further exempt from CEQA pursuant to CEQA Guidelines Section 15305, as a minor alteration to land use limitations which does not change land use or density in areas with an average slope of less than 20 percent. NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing, the Anaheim City Planning Commission does hereby approve the `Deficiencies Area' Map dated June, 2003, on file with the Planning Department of the City, which identifies those certain locations having existing significantly deficient sewer capaciry and/or existing significantly deficient on-street parking capacity where Second Units shall not be permitted. June 16, 2003. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of CHAIRRERSON, ANAHEIM CITY PL"ANNING COMMISSION ATTEST: ~ S~A.c~~ SUPPQRT SUPERVISQR,. ANAHEIM CIT_Y PLA.N.NI.NG COMMISSION_ _. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, Support Supervisor 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 June 16, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, EASTMAN, KOOS, O'CONNELL, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this ~`'f day of o , 2003. 0 S~,¢~, SUPPORT SUPERVISOR, ANAHEIM CITY PLANNING COMMISSION -3- PC2003-80