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Portable food carts used for commercial purposes shall comply with the provisions of this section.
.010 The food carts can only be used as an accessory use to a home-improvement store or hospital that is larger than one hundred thousand (100,000) square feet.
.020 A maximum of two (2) food carts are allowed per business.
.030 The food carts shall not be visible from any public right-of-way.
.040 The food carts shall not occupy a required parking space, and shall not be located in vehicular or pedestrian accessways.
.050 Notwithstanding any other provision of this Code, the first violation of any provision of Section 18.38.210 by any person shall be punishable as an infraction in accordance with applicable provisions of the California Penal Code and the California Government Code. The second and all subsequent violations of said section committed by such person, whether such violation is of the same or a different provision of said section, shall be punishable as a misdemeanor. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5929 13; July 27, 2004.)
.010 Purpose. The purpose of this Section is to facilitate the conversion of existing motels, and other commercial and office structures, to Supportive, Transitional and Multiple-Family Housing for low-income persons by establishing the regulatory framework to achieve a high level of livability for residents and ensure compatibility with surrounding uses in support of City Council policies to develop a continuum of care that assists individuals in transitioning from homelessness and Emergency Shelters to Transitional and Supportive Housing.
.020 Reserved.
.030 Permitted Zone. The conversion of a structure to a residential use shall only be allowed within the "C-G" (General Commercial Zone) and "O-L" (Low Intensity Office Zone).
.040 Location and Distribution. The location and distribution of the Supportive Housing units shall be determined on a project-by-project basis through a memorandum of understanding, exclusive negotiation agreement, purchase and sale agreement or other similar document between the applicant and the City to ensure the equitable and appropriate distribution of units throughout the city in relation to other forms of Transitional Housing, Supportive Housing, Emergency Shelters and services offered to the intended target population of this Section 18.38.215. The location authorizing documentation shall be completed prior to the review of an Administrative Housing Permit pursuant to Section 18.62.120 (Administrative Housing Permit).
.050 Residential Density. The conversion of a structure to a residential use shall not be subject to any other otherwise applicable General Plan or zoning density requirements.
.0501 Minimum and Maximum Density. In lieu of dwelling units per acre, a minimum of seven (7) residents and a maximum of one hundred (100) residents per acre shall be allowed.
.0502 Minimum Number of Units. The conversion of a structure to a residential use shall include a minimum of thirty (30) residential units on-site, or less provided that the development include adequate onsite management and services as determined by the Director of Housing and Community Development Department.
.060 Procedure. The approval process for the conversion of a conversion of an existing motel, and other commercial and office structures, to Supportive, Transitional and Multiple-Family Housing for low-income persons shall be processed as follows:
.0601 Administrative Housing Permit. Conversion of existing motels, and other commercial and office structures, to Supportive, Transitional and Multiple-Family Housing for low-income persons shall be subject to the approval of an Administrative Housing Permit pursuant to Section 18.62.120 (Administrative Housing Permit).
.0602 Additional Approvals Required. The following shall be approved in substantial form concurrent with approval of an Administrative Housing Permit. Minor modifications may be approved administratively if they are deemed to be in substantial conformance:
.01 Affordability Covenant pursuant to subsection 18.38.215.100.
.02 Wrap Around Services Plan pursuant to subsection 18.38.215.110.
.03 Marketing and Tenant Selection Plan pursuant to subsection 18.38.215.130.
.04 Exterior Lighting Plan pursuant to subsection 18.38.215.160.
.05 Facility Management Plan pursuant to subsection 18.38.215.170.
.06 Parking Management Plan pursuant to subsection 18.38.215.180.
.07 Communications Plan pursuant to subsection 18.38.215.190.
.0603 Design Review. Applicants of proposed conversions for residential uses shall submit conceptual plans to the Planning and Building Department and Housing and Community Development Department for design review prior to submittal of an Administrative Housing Permit.
.0604 Housing Authority Agreement. To ensure proper development and operation of Supportive Housing units in accordance with the purpose and intent of this section, all applicants of proposed residential conversions projects pursuant to this section shall enter into a written agreement with the Anaheim Housing Authority acknowledging the requirements of this section. A draft agreement in substantial form shall be required prior to approval of an Administrative Housing Permit.
.01 Both Departments will review project design, and seek to ensure compatibility of the conversion project to the existing neighborhood scale and character, and a high level of livability for residents, consistent with the General Plan Community Design Element and the City of Anaheim Affordable Housing Development Residential Design Guidelines.
.0605 Application. An application for Residential Uses of Motels, Commercial and Office Structures shall be processed in accordance with Section 18.62.120 (Administrative Housing Permit).
.070 Supportive Housing Units. As a requirement of the Administrative Housing Permit to allow conversions of hotels, and other commercial and office structures, for residential uses, and prior to issuance of building permits for projects, the property owner(s) shall agree to the following:
.0701 Small Projects. For projects with seventy (70) total units or less, the number of units dedicated as Supportive Housing (as defined in subdivision (b) of Section 50675.14 of the Health and Safety Code) shall be fifty percent (50%) or more of the total units and offered to persons with incomes of up to sixty percent (60%) of area median income.
.0702 Large Projects. For projects with more than seventy (70) total units, the number of units dedicated as Supportive Housing (as defined in subdivision (b) of Section 50675.14 of the Health and Safety Code) shall be established and approved by the Housing and Community Development Department.
.0703 Affordability Mix. The affordability targeting/mix for all projects shall be dictated by the affordable housing funding program requirements and approved by the Housing and Community Development Department pursuant to a written agreement and the affordability covenants required in subsection 18.38.215.100.
.01 The term "Extremely Low Income Households," as used in this section shall mean households having an income not exceeding thirty percent (30%) of the median family income, adjusted for family size.
.02 The term "Very Low Income Households," as used in this section shall mean households having an income not exceeding fifty percent (50%) of the median family income, adjusted for family size.
.03 The term "Low Income Households," as used in this section shall mean households having an income not exceeding sixty percent (60%) of the median family income, adjusted for family size.
.080 Transitional Housing and Multiple-Family Housing. Conversions of motel, office and commercial structures to Transitional Housing and Multiple-Family Housing shall only be allowed when in conjunction with Supportive Housing in accordance Section 18.38.215.070. Projects with only Transitional Housing and/or Multiple-Family Housing without Supportive Housing shall be prohibited.
.090 Maximum Rents. Affordable maximum rents shall be determined by the applicable affordable housing funding programs. To the extent of an inconsistency between or among the funding programs relating to affordable rent and other covenants or agreements applicable to the Project, the most restrictive covenants or agreement regarding the affordable rent for the housing units in the project shall prevail.
.100 Affordability Covenants. The property owner(s) shall be required to execute and record affordability covenants with the City of Anaheim, agreeing to the requirements of this section. The covenants shall be acceptable to, and approved by, the Housing and Community Development Department and the City Attorney's Office, and shall include, but need not be limited to, the following provisions:
.1001 Identification of the affordable units.
.1002 The initial rent for each unit.
.1003 The method of calculating periodic rental increases.
.1004 A minimum term of thirty (30) years on the control of rent for the housing units or other specified term as may be required as a result of project funding.
.1005 The right of the Housing and Community Development Department to supply, or otherwise approve, the qualifications of the low income households who will rent the housing units.
.1006 Any density bonus for which a developer may otherwise apply pursuant to Section 65915 of the California Government Code shall not be pursued in combination with the provisions of Section 18.38.215.
.110 Wrap-Around Supportive Services Plan. Any proposal for conversion of a structure to a residential use shall be required to ensure appropriate on-site provisions of Wrap-Around Supportive Services (as defined in 18.38.100.1001) for the residents. The plan shall be acceptable to, and approved by, the Housing and Community Development Department.
.1101 The term "Wrap-Around Supportive Services" shall mean a holistic program of support services provided as an ancillary use to Transitional and Supportive Housing to stabilize an individual or a family. The services can be provided in a collaborative manner by a number of organizations and commonly include services related to mental health, counseling, medical care, drug rehabilitation, parenting, budgeting and life skills, and educational and job training.
.1102 A minimum caseload of one (1) full-time employee per twenty (20) residents shall be provided.
.1103 Supervision by case managers shall be detailed as part of the project's operations plan and subject to the approval of the Housing and Community Development Department.
.1104 The standards are a minimum level of services and additional hours of service and enhanced levels of service are encouraged beyond these requirements.
.120 Anaheim Preference. Offering and maintaining an Anaheim preference is a priority for the City. The following provisions shall apply to projects for conversion to residential uses under Section 18.38.215:
.1201 At a minimum, for the purposes of admissions into an affordable unit within a conversion project, an Anaheim preference shall apply to the greater of a proportionate share of housing units at the site when there is a combination of funding sources, such as County sponsored funds.
.1202 When Anaheim funding is the only or primary source of gap funding, a live/work preference shall apply to all assisted units. An applicant may qualify for an Anaheim preference if they live or work in Anaheim at the time of application.
.1203 For applicants who are homeless at the time of application, an Anaheim preference may be granted if the applicant can demonstrate a connection to Anaheim as outlined in admissions guidelines established for the Anaheim Housing Choice Voucher (HCV) Program.
.1204 For the purposes of this section, the application process begins upon receipt of a referral to an open unit, which includes an imminent opening at the property that an applicant is considering. An applicant must be able to demonstrate an Anaheim connection in order to be eligible for a preference at the time of referral.
.1205 The Anaheim preference shall be memorialized as part of the Affordability Covenant pursuant to section 18.38.215.100.
.130 Marketing and Tenant Selection Plan. Applicants shall comply with an affirmative marketing plan approved by Housing and Community Development Department. The marketing plan shall include the following:
.1301 Methods for informing the public and potential tenants about the federal fair housing laws.
.1302 Procedures to inform and solicit applications from persons in the housing market area not likely to apply for tenancy at the housing units without special outreach.
.1303 Recordkeeping methods that will permit the Housing and Community Development Department to evaluate the actions taken by the Property Manager to affirmatively market the housing units at the project.
.1304 Specific procedures for marketing and releasing housing units shall be approved by the Housing and Community Development Department.
.140 Occupancy Limits. The maximum occupancy of the housing units in a project shall conform to the following provisions:
.1401 For studio units, the maximum occupancy shall not exceed one (1) person, unless otherwise required by federal housing programs.
.1402 For one (1) bedroom units, the maximum occupancy shall not exceed three (3) persons.
.1403 If needed, as a reasonable accommodation and subject to on-site management approval, one additional person may be allowed to be part of the household. The conditions for such expectations shall be further defined in the property's Marketing and Tenant Selection plan required by subsection 18.38.215.130.
.150 Development Standards. The conversion of a structure to a residential use shall comply with the development standards in Table 38-B
.
Minimum Floor Area | Studio units: 250 square feet One-bedroom units: 400 square feet |
Minimum Size of Recreational-Leisure Areas | 200 square feet for each dwelling unit including indoor and outdoor common areas; a common kitchen/dining area shall be included as part of this requirement |
Storage Areas | General storage cabinets with a minimum size of 100 cubic feet capacity shall be required for each dwelling unit, and may be provided adjacent to private recreational-leisure areas or located in close proximity to the unit |
Parking and Loading | |
.1501 Development standards related to the existing lots and building footprints, including lot width, structural setbacks, structural height, site coverage, and lot area, shall not apply.
.1502 With the exception of 18.38.215.150.1501 and Table 38-B
, all other development standards of the underlying zone shall apply.
.1503 Applicants of conversion projects for existing structures shall not be required to bring said structures into conformance with the Zoning Code. New construction associated with a conversion projects shall be required to meet all applicable development standards of the underlying zone.
.160 Exterior Lighting Plan. An exterior lighting plan shall be provided for the entire outdoor area of the site and shall be subject to review and approval by the Planning and Building and Police Departments.
.170 Facility Management Plan. A facility management plan shall be submitted for review and approval by the Planning and Building Director, Housing and Community Development Director and Police Chief, or their designee, prior to the operation of the residential use. The management plan may be required to address additional specific needs and shall remain active throughout the life of the use. The management plan shall include, at a minimum, the following:
.1701 A detailed plan and strategy for the long term operation, maintenance, repair, security, social/supportive services, marketing of the project, method of selection of tenants, rules and regulations for tenants, and other rental and operational policies for the project.
.1702 Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the use.
.1703 A system for monitoring of outdoor areas to minimize disruption to nearby land uses.
.1704 A required on-site manager along with a detailed description of the manager's duties and responsibilities to ensure the proper and orderly operation of the facility in a manner that serves the needs of residents, staff, and service providers while minimizing potential impacts on surrounding uses.
.180 Parking Management Plan. A parking management plan shall be provided for approval by the Planning and Building Director and shall include the following:
.1801 Parking spaces shall be made available for tenants of the housing units, their guests and employees and as stipulated in the approved parking management plan.
.1802 The parking management plan shall include a map depicting open and reserved parking spaces, and procedures for removal of inoperable vehicles.
.190 Communications Plan. A Communication and Outreach Plan shall be developed, subject to approval by the Housing and Community Development Director, to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. (Ord. 6465 § 2; June 4, 2019: Ord. 6483 § 8; June 9, 2020: Ord. 6555 §§ 37, 38; April 4, 2023: Ord. 6570 § 19; March 19, 2024.)
Outdoor Dining and Outdoor Seating shall be permitted as accessory uses to restaurants in all zones where restaurants are permitted or conditionally permitted.
.010 Outdoor Seating. Outdoor Seating, as defined in Chapter 18.92 (Definitions), shall comply with all the following provisions:
.0101 Furnishings may include tables, chairs, decorative benches and umbrellas.
.0102 Furnishings shall not exceed a cumulative maximum of seven (7) tables and fifteen (15) seats.
.0103 Furnishings shall not be placed on or allowed to hang over any public right-of-way, required pedestrian walkway, required setback or parking area.
.0104 A pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk in compliance with ADA requirements.
.0105 All required emergency access/exits or fire lanes shall be provided and maintained as required by the Anaheim Fire Department.
.0106 An Outdoor Seating area provided in compliance with the provisions of this section shall not be included in the gross floor area of a restaurant to determine its parking requirements.
.0107 Portable or non-fixed furnishings shall not be set up outside the restaurant more than one-half (0.5) hour prior to the opening of business, and shall be removed no later than one-half (0.5) hour after closing.
.0108 No advertising or identification of any type shall be permitted on any outdoor furniture including umbrellas by illustration, text or any other means of communication.
.0109 At least one (1) trash receptacle shall be provided. The design, color and material of the receptacle(s) shall be compatible with the building.
.0110 The restaurant manager or business owner shall be responsible for the removal of all trash and debris, or spilled food or beverage items, and shall maintain the outdoor seating area and its adjacent area in a clean, sanitary and trash-free manner.
.020 Outdoor Dining. Outdoor Dining, as defined in Chapter 18.92 (Definitions), shall comply with the following:
.0201 The outdoor dining area shall be in full visibility, and under the control, of the restaurant. Where the sale of alcohol is proposed in conjunction with the outdoor dining area, the outdoor dining area shall be immediately adjacent to and take access to the restaurant.
.0202 The outdoor dining area shall not encroach into any public right-of-way or any required setback, yard, landscaping or parking area. For restaurants developed within Commercial Retail Centers – Large, up to three (3) legal parking spaces adjacent to the restaurant they serve can be used for outdoor dining, subject to an Outdoor Dining Parking Permit as set forth in Chapter 18.42.130.
.0203 The outdoor dining area shall be used exclusively for the seating and consumption of meals and/or beverages by patrons of the restaurant.
.0204 The outdoor dining area shall be enclosed by permanent improvements such as landscape planters, fencing, decks, patio or shade structures, and/or other decorative barriers, which physically define and/or separate the outdoor dining area from other open or public areas.
.01 The enclosure shall be at least 36-inches high or as otherwise required by Alcohol Beverage and Control for the consumption of alcohol.
.0205 Outdoor dining areas over 1,000 square feet shall be included in the gross floor area of a restaurant to determine parking requirements.
.0206 A conditional use permit shall be required for any outdoor entertainment provided in an outdoor dining area.
.0207 The sale and/or consumption of any beer, wine or other alcoholic beverages in an outdoor dining area shall be permitted only if the main restaurant has a valid permit for on-site alcohol sales.
.0208 The activities occurring in conjunction with the operation of the outdoor dining area shall not cause a noise disturbance to surrounding properties or businesses.
.0209 No advertising or identification of any type shall be permitted on any outdoor furniture including umbrellas by illustration, text or any other means of communication.
.0210 Any accessory outdoor cooking facilities shall be well maintained in a neat and orderly manner. Any facilities not used on a regular basis shall be stored indoors.
.0211 The business is responsible for maintaining free of litter the area adjacent to the outdoor dining area over which they have control.
.0212 A pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk in compliance with ADA requirements.
.0213 Outdoor furniture and accessories shall be kept clean, neatly maintained, with no ripped or faded material. Any un-maintained or damaged furniture or accessories shall be repaired or replaced immediately. (Ord. 5920 1 (part); June 8, 2004: Ord. 6286 § 25; September 3, 2013: Ord. 6425 § 16; December 19, 2017: Ord. 6432 § 30; April 10, 2018: Ord. 6526 § 18; February 15, 2022.)
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