Resolution-PC 2006-17~ •
RESOLUTION NO. PC2006-17
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
' APPROVING'AREAS OF SEWER AND PARKING DEFICIENCIES
RELATING TO SECOND UNITS AND MAKING CERTAW FINDINGS
RELA7ING THERETO. -
WHEREAS, on September 29, 2002, the State of California Legislature approved Assembly
Bill No. 1866 which, among other things amended Government Code Section 65852.2 requiring cities to
permit second units in single-family and multiple-family residential zones; that the StateJaw 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, as of July 1, 2003 the law requires cities to allow second units in residential zones
without discretionary action, although cities may adopt ordinances creating specifications and standards #or
second units subject to compliance with Government Code Section 65852.2;' and
WHEREAS, cities may prohibit second units in areas which are determined tobe 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
WHEREAS, as on May 13,2003, the Anaheim City Gouncil adopted Ordinance No: 5857,
establishing a process for ministerial approval of second units and c~eating specification 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 a11 residential areas of the City, excluding only the areas established by Planning
Commission and/or City Council resolution as deficiency areas which are signifi~antly impacted by
insufficient capacity for sewers, traffic circulation, parking, public utilities, or similar infrastructure needs; and
WHEREAS, on June 16, 2003, the City Planning Commission approved Revision Na 1 and on
December 13, 2004, approved Revision No. 2 to said Second Unit Sewer and Parking Deficiencies Map, and
made findings and recommendations in connection therewith; and
WHEREAS, the City Planning Commission did hold a public meeting at the Anaheim Civic
Center, Council Chamber in the City of Anaheim on February 22, 2006, at 2:30 p.m., to hear and consider
said proposed Code Amendment and the proposed Second Unit Sewer and Parking Deficiencies 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 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. That 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.
Cr/PC2006-17
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>3. That following review and analysis of sewer capacity throughout the City, as discussed in the
StaffReports to the Planning Commission datedApril 21, 2003, June 16,2003, pecember 13, 2004 and
February 22, 2006, which discussion is incorporated herein by this reference, certain areas of existing
deficient sewer capacity, which would be exacerbated by allowing second units, have been identified, based
on the following:
a. Second units, which are housing units, would result in a probable increase in the amount
ofdischarge into the sewers generated by the addition of a new dwelling unit compared to
a minor expansion of an existing unit, which would be permitted;
b. Allowing unanticipated second units in neighborhoods that are currently deficient in sewer
capacity will overburden the existing sewers;
c. Permitting second units in said identified areas may leadto sewer spills into the City's
storm drain system, which may constitute a hazard and would subject the'City to severe
penalties under its Nationa{ Pollutant Discharge Elimination System ("NPDES") Permit;
d. Permitting second units in said identified areas would constitute a health and safety
hazard, and would have`adverse impacts on#he public health, safety and welfare.
4. That the Public Works Department has completed The Combined West Anaheim Area Master
Plan of Sanitary Sewers study and The Combined East Anaheim Area Master Plan of Sanitary Sewers which
determined that a number of sewer lines within the study areas are currently operating close to their
maximum capacity and identified locations in which additional developmentshould be limited. :
5: That as a clean up effort, non-residential areas have been removed so that only areas zoned
for single-family or multiple-family residential uses would be identified on the map.
6. That based on the above-described review and analysis of sewer capacity throughout the City,
a Second Unit Sewer and Parking Deficiencies Map, dated February 22, 2006 has beenprepared 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
having adverse impacts on the public health, safety and welfare.
7. That the Planning Commission anticipates that the Second Unit Sewer and Parking
Deficiencies Map will be reviewed and updated from time to time to ensure that the map continues to reflect
areas where second uniis should not be allowed and to remove areas which would no 4onger 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.
8. 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_,Commission
concurs with staff's determination that the proposed project is statutorily exempt 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 exempt under CEQA Guidelines Section 15305, which
provides that minor alterations in land use limitations that do not change land use or density in areas with an
average slope of less than 20 percent are permitted.
NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing, the Anaheim City
Planning Commission does hereby approve the "Second Unit Sewer and Parking Deficiencies" Map,
Revision No. 3, dated February 22, 2006, on file with the Planning Department of the City, which identifies
those certain locations having existing significantly deficient sewer capacity and/or existing significantly
deficient on-street parking capacity where second units shall not be permitted and that said map shall
replace the previously revised and approved "Deficiency Area" Map, Revision No. 2, dated December 2004.
-2- PC2006-17
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 22, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, '`Zoning
Provisions - General" of the Anaheim Municipal Code pert '' to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeaL
HAIRMA , ANAHEI PLANNING COMMISSION
ATTEST: ,
_
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SENIOR SECRETARY, ANAHEIM 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 February 22, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, KARAKI, PEREZ, ROMERO
NOES: " 'COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUF~A, VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
t , 2006. , '
o~~~C.-Ptii~rr~~t~ ,
SENIOR SECRETARY, ANAHEIMPLANNING COMMISSION