Resolution-PC 2007-76•. •
RESOLUTION NO. PC2007-76
A RESOLUTION OF THE ANAHEIM.PLANNING COMMISSION
APPROVING AREAS OF SEWER AND PARKING DEFICIENCIES
RELATING TO SECONQ UNITS AND MAKING CERTAIN FINDINGS
RELATING THERETO
WHEREAS, on September 29, 2002, the State of Cal(fornia 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; thatthe State law identifies criteria
under which a second unit is to be permitted, requires a ministerial approval process and timits the
requirements cities may impose on the constr~ction of such second units; and
WHEREAS, as of July 1, 2003 the law requires cities to allow second units in residentiaf 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 mayprohibit 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
WHEREAS, as on May 13, 2003, the Anaheim City Council adopted Ordinance No. 5857,
establishing a process for ministerial approval of second units and creating specification and s4andards 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; antl
WHEREAS, on June 16, 2003, the City Planning Commission approved Revision No. 1,
Revision No. 2 on December 13, 2004, and Revision No. 3 on February 22, 2006 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 July 23, 2007, 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 madeby 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.
• •
3. That following review and analysis of sewer capacity throughout #he City; as discussed in the
Staff Reports to the Planning Commission dated April 21, 2003, June 16, 2003, December 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
of discharge into the sewers generated by the addition of a new dweiling 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 lead to sewer spills into #he 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;
d. Rermitting 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. That the Public Works Department has completed The Combined Cenfral Anaheim Area
' Master Plan of Sanitary Sewers study which determined that a number of sewer lines uvithin the study areas
are'currently operating close to their maximum capacity and identified locations in which additional
development should 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 identi~ed 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 July 23, 2007 has 6een 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
Maving 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 units should not be allowed and to remove areas which would no longer be negativety
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 said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
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 timitations 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. 4, dated July 23, 2007, 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 approyed `Deficiency Area" Map, Revision No. 3, dated February 22, 2006.
_2_ PC2007-76
~ ~
THE FOREGOING RESOLUTIONwas adopted at the Planning Commission meeting of
July 23, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,' "`Zoning -
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeaL
CHAIR AN, AH IM PLAN G COMMISSION
ATTEST:
~ /~~s,.-~.
SENIORSECRETARY,ANAHEIM PLANNING COMMISSION
STA7E 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 July 23, 2007, by the following vote of the membersthereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, VELASQI~EZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS; FLORES, ROMERO
1f~ WITNESS WHEREOF, I have hereunto set my hand this ~ 3~ day of
u t , 2007.
SENIOR SECRETARY, ANAMEIM PLANNING CUMMISSION