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6224 ORDINANCE NO. 6224 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 18.34 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO THE RESIDENTIAL OPPORTUNITY (RO) OVERLAY ZONE. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That new Chapter 18.34 be, and the same is hereby added, to Title 18 of the Anaheim Municipal Code to read as follows: "Chapter 18.34 RESIDENTIAL OPPORTUNITY (RO) OVERLAY ZONE Sections: 18.34.010 Purpose. 18.34.020 Applicability. 18.34.030 Implementation. 18.34.010 PURPOSE. .010 Purpose: The purpose of this Chapter is to establish the Residential Opportunity (RO) Overlay Zone and provide "by- right" housing development opportunities consistent with a property's residential General Plan land use designation. This Overlay Zone is intended to be applied to properties that are currently zoned and/or developed with non - residential uses but designated for multiple- family residential uses by the City's General Plan. Examples of non- residential zones to which the Overlay Zone may be applied include, but are not limited to, the General Commercial (C -G), Transitional (T), and Industrial (I) zones. The Overlay Zone is further intended to serve as an implementation tool of the City's Housing Element of the General Plan by facilitating residential development on identified "housing opportunity sites." .020 Objectives: The Residential Opportunity (RO) Overlay Zone has the following major objectives: .0201 Create "by- right" opportunities for residential development on sites throughout the City, consistent with the density allowed by their current General Plan designation. .0202 To implement state laws that require cities to demonstrate available land capacity and zoning tools to accommodate the City's projected need for housing; .0203 Provide a mix of housing types; and, .0204 Stimulate market -driven development investment. 18.34.020 APPLICABILITY. .010 Application to Area. The (RO) Overlay Zone may be applied to properties that currently maintain an underlying non - residential zone designation within the City. The Overlay Zone may also be applied to properties with an existing residential zoning designation that does not yield the maximum density allowed by a property' s General Plan designation. .020 Option to Use Underlying Zone or Overlay Zone. .0201 This Chapter shall provide the option of either developing under the provisions of a property's underlying zone designation or under the provisions of the Overlay Zone that allow by -right multiple- family residential development. 18.34.030 IMPLEMENTATION. .010 The development of by -right residential uses through implementation of the (RO) Overlay Zone shall be in accordance with the uses and requirements set forth in Chapter 18.06 (Multiple - Family Residential Zones). Specifically, the following applicable zoning designations shall be utilized when developing multiple - family residential development consistent with each property's General Plan Land Use designation: .0101 Parcels designated as Medium Density Residential in the General Plan Land Use Element shall be subject to the (RM -4) Multiple- Family zoning designation. .0102 Parcels designated as Low - Medium Density Residential in the General Plan Land Use Element shall be subject to the (RM -3) Multiple Family zoning designation. .020 All requirements set forth in Chapter 18.06 (Multiple - Family Residential Zones) shall be applicable to parcels designated with the (RO) Overlay Zone when the option to develop by- right multiple - family residential development under the provisions of this Chapter is exercised. .030 Prior to the issuance of any building permit for by -right residential development under the provisions of this Chapter, the property owner shall submit a written request to terminate any existing variances, conditional use permits, or other non - applicable land use entitlements. .040 Existing Non - Residential Uses: .0401 Existing non - residential development that is not permitted in the applicable zone from Chapter 18.06 (Multiple - Family Residential Zones) shall be removed prior to development of a residential use. .0402 Existing non - residential development that is a conditionally - permitted use in the applicable zone shall require a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits). .050 Conversions of existing structures, including, but not limited to, existing hotel or motel structures, into a residential use may be permitted subject to the approval of a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits). .060 The provisions of Chapter 18.52 (Density Bonuses) shall apply to any by -right multiple - family residential use developed under the provisions of the Overlay Zone." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. PENALTY Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 27th day of September , 2011, and thereafter passed and adopted at a regular meeting of said City Council held on the 11th day of October , 2011, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: /61'72' MAYOR OF THE CITY OF ANAHEIM ATTEST: V Al /', ‘'_ 1Lk�. CITY CLERK OF THE CITY 0 ANAHEIM 85173.v2/MGordon