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5857ORDINANCE NO. 5857 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTION 18.04.135 TO CHAPTER 18.04 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (SECOND UNITS AND SENIOR SECOND UNITS). WHEREAS, the State Legislature has declared that second dwelling units provide a valuable form of housing for family members, students, senior citizens, in-home health care providers, the disabled and others at below market prices within existing neighborhoods; and WHEREAS, the Legislature stated its intent that any second -unit ordinances adopted by local agencies have the effect of providing for the creation of second units, and that provisions in these ordinances relating to matters including unit size, parking, fees and other requirements are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create the second units in zones in which they are authorized by local ordinance; and WHEREAS, the Legislature restated its commitment to second units as a valuable form of housing in 2002 with the passage of Assembly Bill 1866, which amends Government Code Section 65852.2 by eliminating the authority to require a conditional use permit or any discretionary review for second units and mandating ministerial approval of such units; and WHEREAS, Section 65852.2 authorizes a local agency to (i) designate areas where second units may be permitted based on criteria that may include adequacy of sewer services, impact on traffic flow or other factors identified by the City; and (ii) subject to certain limitations, impose standards that include parking, height, setback, lot coverage, architectural review, maximum size, owner -occupancy and standards that prevent adverse impacts listed on the California Register of Historic Places; and, WHEREAS, the legislative history of Section 65852.2 indicates that the purpose of its owner -occupancy requirement is to protect neighborhood stability and the character of existing family neighborhoods and to discourage speculation and absentee ownership. Sounhein v City of San Dimas (1996, 2nd Dist) 47 Cal App 4th 1181, 55 Cal Rptr 2d 290; and WHEREAS, the ordinance provides that second units will not be allowed in any portion of the City established by Planning Commission and/or City Council resolution as being significantly impacted by insufficient capacity for traffic circulation, parking, sewer, public utilities, or similar infrastructure needs; and WHEREAS, the City Council has identified areas of sewer deficiencies and parking deficiencies which would be exacerbated by the establishment of second units; and WHEREAS, the City Council wishes to permit second units, subject to the standards identified in this ordinance, in all residential areas of the City, excluding only the areas established by Planning Commission and/or City Council resolution as deficiency areas; and WHEREAS, the City wishes to establish a procedure authorizing the Planning Director or his or her designee to consider second units ministerially, subject to established standards and criteria, in compliance with the standards in Section 65852.2; and WHEREAS, despite the City's goal of establishing clear, objective standards consistent with the Legislature's mandate of a ministerial process for consideration of second units, and recognizing the challenge of creating ministerial standards for architectural review, there may be instances in which the Planning Director or the applicant may need clarification of a provision of the ordinance, and, therefore, review by the Planning Commission for the limited purpose of clarifying the provisions relating to second units is provided; and WHEREAS, the City of Anaheim currently allows second units, including "granny units," subject to approval of a conditional use permit; and WHEREAS, most applications for conditional use permits for second units have been approved by the City; and WHEREAS, the provisions of the Government Code authorizing a conditional use permit for second unit housing for senior citizens have not been amended; and WHEREAS, the City Council concurs with the Legislature's findings that there is a serious shortage of senior housing units and an important need to maintain senior citizens in independent living situations and to encourage housing arrangements that prevent isolation of elderly persons and reunites families; and WHEREAS, in addition to the second units authorized pursuant to the ministerial process required by Government Code Section 65852.2, which have no age limitations, the City wishes to provide an opportunity to provide for senior housing in instances where the requirements for second units can not be met, subject to approval of a conditional use permit and any required waivers; and WHEREAS, the adoption of this ordinance regarding second units and senior second units in single-family or multifamily residential zones 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, to the extent that Code provisions are revised to ensure internal consistency, that the project is categorically exempt under CEQA Guidelines Section 15061(b)(3), which provides that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That the following definition is hereby added to Section 18.01.200 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code to read as follows: `Senior Second Unit' or `Granny Unit.' A second unit, as defined in Section 18.04.135.020.0205, which does not meet the requirements of Section 18.04.135 for a second unit, where the unit is for the sole occupancy of one (1) or two (2) adult persons both of whom are sixty-two (62) years of age or over, and for which a conditional use permit is approved as authorized by Section 65852.1 of the Government Code." SECTION 2. That new Section .135 be, and the same is hereby, added to Chapter 18.04 of Title 18 of the Anaheim Municipal Code to read as follows: "18.04.135 SECOND UNITS. .010 Intent. The City recognizes the importance of livable housing and an attractive, suitable living environment for all residents. The State Legislature has declared that second units are a valuable form of housing in California. It is the intent of the City to permit second residential units, in conformance with State law, in all those areas and subject to standards that will ensure the units contribute to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of single-family residential neighborhoods. It is not the intent of this Section to override lawful use restrictions as may be set forth in Conditions, Covenants and Restrictions or similar instruments. .020 Definitions. For purposes of this Section, the following terms, phrases, words and their derivations shall have the meaning given herein: .0201 An `attached second unit' means a second unit attached to and located within the living area of the main dwelling unit, having at least one common wall and a common roof with the main dwelling unit, and located on the same lot. 3 .0202 A `detached second unit' means a second unit detached from the main dwelling unit and located on the same lot. .0203 An `efficiency unit' means a second unit with a minimum size of four hundred (400) square feet containing only one habitable room. .0204 `Habitable' means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space. .0205 A `second unit' means an attached or detached residential dwelling unit on a lot zoned for residential use which provides complete independent living accommodations and facilities for one or more persons which includes permanent provisions for living, sleeping, eating, cooking, and sanitation, on the same parcel as a legally established single-family dwelling. .030 Density Provisions. A second unit which conforms to the requirements of this Section shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established and shall be deemed to be a residential use which is consistent with the existing general plan and zoning designations for the lot. .040 Number of Units Per Parcel. No more than one (1) second unit shall be allowed on a single lot. .050 Existing Lot and Uses. A second unit shall be allowed if the existing lot and dwelling meet the following requirements: .0501 The lot on which the second unit is proposed to be established shall contain one existing permanent single-family dwelling and no existing granny unit, guest house, servant's quarters or similar facility, unless the proposal includes demolishment or modification of such facility so as to comply with the provisions of this Section. .0502 The second unit is allowed in the zone in which it is proposed; .0503 The existing lot is a minimum of five thousand (5,000) square feet, except as may be provided in subsection .170; .0504 The existing residential use complies, or as proposed, will comply with current parking requirements; and .0505 If the existing main dwelling unit or any associated accessory structures have legally established deviations from current zoning requirements, a second unit may be permitted, provided the second unit complies with the requirements of this Section. .060 Prohibited Locations. Second units are not permitted in any area of the City identified by resolution of the Planning Commission and/or City Council as being significantly impacted by insufficient capacity for sewers, traffic circulation, parking, public utilities, or similar infrastructure needs. .070 Development Standards. The following development standards shall apply to second units: .0701 Facilities. The second unit shall have a separate entrance and shall contain kitchen and bathroom facilities separate from those of the main dwelling unit. .0702 Utility Services. The second unit may be metered separately from the main dwelling unit for gas, electricity, communications, water, and sewer services. .0703 Size. The size of the second unit shall comply with the following requirements: (a) The minimum total floor area shall be 400 square feet for an efficiency unit, and 550 square feet for a one -bedroom or two-bedroom unit. (b) The maximum total floor area shall be as follows: (1) Attached second units shall not exceed thirty percent (30%) of the main dwelling unit living area, provided that if the main dwelling unit is one thousand three hundred thirty four (1,334) square feet or less in size, one (1) four hundred (400) square foot efficiency unit shall be permitted. (2) Detached second units shall not exceed fifty percent (50%) of the existing main dwelling unit living area or one thousand two hundred (1,200) square feet, whichever is less. 0704 The second unit shall contain no more than two (2) bedrooms. .0705 A second unit shall conform to the development standards for the underlying zone, including, but not limited to, standards for front, rear and side yard setbacks, height and parcel coverage, provided further that a detached second unit shall have a minimum separation of ten (10) feet between the main dwelling unit and the detached second unit. 080 Design. A second unit shall conform to the following design standards: .0801 Exterior stairs shall not be visible from any public right-of-way, excluding alleys; .0802 The design, color, material, and texture of the roof shall be substantially the same as the main dwelling unit; .0803 The color, material and texture of all building walls shall be similar to and compatible with the main dwelling unit; and .0804 The architectural style of the second unit shall be the same or similar to the main dwelling unit, or, if no architectural style can be identified, the design of the second unit shall be architecturally compatible with the main dwelling unit, and shall maintain the scale and appearance of a single-family dwelling. .090 Vehicular Access. The second unit shall utilize the same vehicular access which serves the existing main dwelling unit, unless the second unit has access from an alley contiguous to the lot. .100 Parking. Parking for the second unit shall be provided as follows in addition to the parking required for the main dwelling unit and in accordance with Chapter 18.06 of the Municipal Code: .1001 One (1) off-street space shall be provided for an efficiency unit or one - bedroom second unit; and .1002 Two (2) off-street spaces shall be provided for a two-bedroom second unit. 110 Historic Buildings. .1101 A second unit proposed for any lot that includes a building listed in the California Register of Historic Places shall conform to the requirements of the State Historical Building Code. .1102 A second unit proposed for any lot that includes a building listed in the California Register of Historic Places, or identified as a "Contributor" in the Anaheim Colony Historic District Preservation Plan and other historic preservation plans as may be approved by the City Council are encouraged to comply with the design guidelines of such plan. .1103 Notwithstanding the foregoing, if the City Council acts to establish mandatory design standards for Contributor buildings pursuant to a historic preservation plan, the second unit shall conform to the mandatory standards. .120 Code Compliance. The second unit shall be constructed in accordance with provisions of the latest edition of building and other codes adopted by the City. 130 Ownership and Occupancy. .1301 Owner Occupancy Required. One of the residential dwellings on a lot on which the second unit is proposed to be established shall be occupied as the primary residence of the owner of the lot and shall not be rented or leased as long as the second unit exists. If, thereafter, the owner occupies neither unit, the second unit shall automatically become a non -habitable space, shall not be used as a dwelling unit, and shall not be rented. .1302 Rental Occupancy. The residential unit which is not occupied by the owner of the property in conformance with this subsection may be rented. .1303 Sale or ownership of a second unit separate from the main dwelling unit is prohibited. .140 Deed Restrictions. Prior to issuance of a building permit for a second unit, the property owner shall provide written proof to the Planning Department that an unsubordinated covenant setting forth the following requirements, in a form satisfactory to the Planning Department and City Attorney's Office, has been recorded in the office of the Orange County Recorder: .1401 A reference to the deed under which the property was acquired by the owner; .1402 The second unit shall not be sold or owned separately, and the parcel upon which the unit is located shall not be subdivided in any manner which would authorize such sale or ownership; .1403 The second unit shall be a legal unit, and may be used as habitable space, only so long as either the main dwelling unit, or the second unit, is occupied by the owner of record of the property; and .1404 The restrictions shall be binding upon any successorship in ownership of the property. .150 Existing Nonconforming Units. Second units that exist as of the effective date of this Section that have previously been legally established may continue to operate as legal nonconforming second units. Any second unit that exists as of the effective date of this Section and has not previously been legally established is considered an unlawful use unless the Planning Director or his or her designee ("Planning Director") determines that the unit meets the provisions of this Section. 7 .160 Conversion of Legally Established Structures to Second Units. The conversion of legally established structures that exist as of the effective date of this Section shall comply with the following requirements: .1601 Conversion of an existing legal "granny unit" into a second unit shall require that the unit meet the provisions of this Code. Any legally established waivers or nonconformity that exist on the effective date of this Section may continue, provided that in no manner shall such waiver or non -conformity be expanded. .1602 Legal non -conformities of the existing main dwelling unit, except for parking standards relating to number and type of parking spaces as specified in Section 18.06.050.011, shall be allowed to remain, provided the structure is not altered to accommodate the second unit in a manner which expands a non- conformity. .1603 The conversion of an attic, basement, garage or any other part of a single-family dwelling which was not previously legally established for habitable space shall comply with the provisions of this Section and the underlying zone. .1604 Any conversion of structures not previously legally established for habitable space constructed pursuant to approved variances from Code requirements pertaining to height, setback and lot coverage, shall comply with the provisions of this Section. .170 Approval. The application for a second unit shall be reviewed by the Planning Director or his or her designee ("Planning Director") for compliance with the provisions of this section. If the Planning Director determines that the application and evidence submitted show that the second unit will comply with the requirements of this Section 18.04.135, the application shall be approved; otherwise the application shall be denied. Notwithstanding the foregoing, a unit on a lot which is less than 5,000 square feet which otherwise meets the requirements of this section shall be approved. Notwithstanding any other provision of this Code to the contrary, no waiver of or variance from any requirement of this Section 18.04.135 shall be approved nor shall any application for such a waiver or variance be accepted for processing. .180 Interpretation by Planning Commission. If a question arises relating to interpretation or applicability of a provision of this Section, the matter shall be considered by the Planning Commission as a Report and Recommendation Item, and determined by resolution." SECTION 3. That subsection .0132 of Section 18.06.050.010 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as follows: ".0132 Senior Second Units (granny units) for which a conditional use permit is approved as authorized by Section 65852.1 of the Government Code: One (1) parking space for each unit." SECTION 4. That new subsection .015 be, and the same is hereby, added to Section 18.06.050.010 of chapter 18.06 of Title 18 of the Anaheim Municipal Code to read as follows: ".015 Second Unit, as defined in Section 18.04.135.020.0205, in conformance with the criteria and standards of Section 18.04.135: One (1) off-street space for an efficiency unit or one -bedroom second unit; two (2) off-street spaces for a two- bedroom second unit. Required parking spaces shall not be in tandem to other on-site parking spaces for the main dwelling unit." SECTION 5. That subsection .010 be of Section 18.21.030 of Chapter 18.21 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: ".010 Accessory Living Quarters. The following living quarters are permitted in a detached accessory building, provided such quarters shall not have kitchen facilities and shall not be rented: .011 Agricultural workers' quarters on farms or ranches of not less than ten (10) acres in area for the sole use of agricultural workers employed on the premises; .012 Employee quarters used only by persons employed to provide services to the occupants on the premises; 013 Guest quarters for temporary guests of the occupants of the premises." SECTION 6. That subsection .020 of Section 18.21.030 of Chapter 18.21 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, deleted. SECTION 7. That new subsection .130 be, and the same is hereby, added to 18.21.030 of Chapter 18.21 of Title 18 of the Anaheim Municipal Code to read as follows: ".130 Second Units, as defined in Section 18.04.135.020.0205, in conformance with the criteria and standards of Section 18.04.135." SECTION 8. That new subsection .327 be, and the same is hereby, added to Section 18.21.050 of Chapter 18.21 of Title 18 of the Anaheim Municipal Code to read as follows: ".327 Senior Second Units, as defined in Section 18.01.200 of this Code. An unsubordinated covenant in a form satisfactory to the Planning Department and City Attorney's Office, limiting the occupancy of the senior second unit to one (1) or two (2) adults, both of whom are sixty-two (62) years of age or older, shall be recorded in the office of the Orange County Recorder prior to issuance of a building permit." SECTION 9. That subsection .010 of Section 18.22.030 of Chapter 18.22 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: ".010 Accessory Living Quarters. The following living quarters are permitted in a detached accessory building, provided such quarters shall not have kitchen facilities and shall not be rented: .011 Agricultural workers' quarters on farms or ranches of not less than ten (10) acres in area for the sole use of agricultural workers employed on the premises; .012 Employee quarters used only by persons employed to provide services to the occupants on the premises; 013 Guest quarters for temporary guests of the occupants of the premises." 4F( TION 10 That new subsection .130 be, and the same is hereby, added to Section 18.22.030 of Chapter 18.22 of Title 18 of the Anaheim Municipal Code to read as follows: ".130 Second Units, as defined in Section 18.04.135.020.0205, in conformance with the criteria and standards of Section 18.04.135." 10 SECTION 11. That new subsection .075 be, and the same is hereby, added to Section 18.22.050 of Chapter 18.22 of Title 18 of the Anaheim Municipal Code to read as follows: ".075 Senior Second Units, as defined in Section 18.01.200 of this Code. An unsubordinated covenant in a form satisfactory to the Planning Department and City Attorney's Office, limiting the occupancy of the senior second unit to one (1) or two (2) adults, both of whom are sixty-two (62) years of age or older, shall be recorded in the office of the Orange County Recorder prior to issuance of a building permit." SECTION 12. That subsection .010 of Section 18.23.030 of Chapter 18.23 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: ".010 Accessory Living Quarters. The following living quarters are permitted in a detached accessory building, provided such quarters shall not have kitchen facilities and shall not be rented: .011 Agricultural workers' quarters on farms or ranches of not less than ten (10) acres in area for the sole use of agricultural workers employed on the premises; .012 Employee quarters used only by persons employed to provide services to the occupants on the premises; 413 Guest quarters for temporary guests of the occupants of the premises." SECTION 13. That new subsection .150 be, and the same is hereby, added to Section 18.23.030 of Chapter 18.23 of Title 18 of the Anaheim Municipal Code to read as follows: ".150 Second Units, as defined in Section 18.04.135.020.0205, in conformance with the criteria and standards of Section 18.04.135." SECTION 14. That new subsection .065 be, and the same is hereby, added to Section 18.23.050 of Chapter 18.23 of Title 18 of the Anaheim Municipal Code to read as follows: ".065 Senior Second Units, as defined in Section 18.01.200 of this Code. An unsubordinated covenant in a form satisfactory to the Planning Department and 11 City Attorney's Office, limiting the occupancy of the senior second unit to one (1) or two (2) adults, both of whom are sixty-two (62) years of age or older, shall be recorded in the office of the Orange County Recorder prior to issuance of a building permit." SECTION 15. That subsection .010 of Section 18.24.030 of Chapter 18.24 of title 18 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: ".010 Accessory Living Quarters. The following living quarters are permitted in a detached accessory building when the area of the lot is not less than one (1) acre, provided such quarters shall not have kitchen facilities and shall not be rented: .011 Employee quarters used only by persons employed to provide services to the occupants on the premises. 012 Guest quarters for temporary guests of the occupants of the premises." SECTION 16. That new subsection .100 be, and the same is hereby, added to Section 18.24.030 of Chapter 18.24 of Title 18 of the Anaheim Municipal Code to read as follows: ".100 Second Units, as defined in Section 18.04.135.020.0205, in conformance with the criteria and standards of Section 18.04.135." RFC'TTON IT That new subsection .065 be, and the same is hereby, added to Section 18.24.050 of Chapter 18.24 of Title 18 of the Anaheim Municipal Code to read as follows: ".065 Senior Second Units, as defined in Section 18.01.200 of this Code. An unsubordinated covenant in a form satisfactory to the Planning Department and City Attorney's Office, limiting the occupancy of the senior second unit to one (1) or two (2) adults, both of whom are sixty-two (62) years of age or older, shall be recorded in the office of the Orange County Recorder prior to the issuance of a building permit." SECTION 18. That subsection .010 of Section 18.25.030 of Chapter 18.25 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: 12 ".010 Accessory Living Quarters. The following living quarters are permitted in a detached accessory building when the area of the lot is not less than one (1) acre, provided such quarters shall not have kitchen facilities and shall not be rented: .011 Employee quarters used only by persons employed to provide services to the occupants on the premises. .012 Guest quarters for temporary guests of the occupants of the premises." SECTION 19. That new subsection .120 be, and the same is hereby, added to Section 18.25.030 of Chapter 18.25 of Title 18 of the Anaheim Municipal Code to read as follows: ".120 Second Units, as defined in Section 18.04.135.020.0205, in conformance with the criteria and standards of Section 18.04.135." SECTION 20. That new subsection .065 be, and the same is hereby, added to Section 18.25.050 of Chapter 18.25 of Title 18 of the Anaheim Municipal Code to read as follows: ".065 Senior Second Units, as defined in Section 18.01.200 of this Code. An unsubordinated covenant in a form satisfactory to the Planning Department and City Attorney's Office, limiting the occupancy of the senior second unit to one (1) or two (2) adults, both of whom are sixty-two (62) years of age or older, shall be recorded in the office of the Orange County Recorder prior to issuance of a building permit." SECTION 21. That subsection .020 of Section 18.25.062 of Chapter 18.25 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Maximum Lot Coverage. Coverage of a lot by all structures shall not exceed forty percent (40%) of the lot area; provided however, that swimming pools and semi - enclosed patio structures shall not be considered as structures in ascertaining coverage." SECTION 22. That subsection .010 of Section 18.26.030 of Chapter 18.26 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: 13 ".010 Accessory Living Quarters. The following living quarters are permitted in a detached accessory building when the area of the lot is not less than one (1) acre, provided such quarters shall not have kitchen facilities and shall not be rented: .011 Employee quarters used only by persons employed to provide services to the occupants on the premises. 012 Guest quarters for temporary guests of the occupants of the premises." SECTION 23. That new subsection .120 be, and the same is hereby added to Section 18.26.030 of Chapter 18.26 of Title 18 of the Anaheim Municipal Code to read as follows: ".120 Second Units, as defined in Section 18.04.135.020.0205, in conformance with the criteria and standards of Section 18.04.135." SECTION 24. That new subsection .065 be, and the same is hereby, added to Section 18.26.050 of Chapter 18.26 of Title 18 of the Anaheim Municipal Code to read as follows: ".065 Senior Second Unit as defined in Section 18.01.200 of this Code. An unsubordinated covenant in a form satisfactory to the Planning Department and City Attorney's Office, limiting the occupancy of the senior second unit to one (1) or two (2) adults, both of whom are sixty-two (62) years of age or older, shall be recorded in the office of the Orange County Recorder prior to issuance of a building permit." SECTION 25. That new subsection .070 be, and the same is hereby, added to Section 18.27.030 of Chapter 18.27 of Title 18 of the Anaheim Municipal Code to read as follows: ".070 Second Units, as defined in Section 18.04.135.020.0205, in conformance with the criteria and standards of Section 18.04.135." SECTION 26. That new subsection .065 be, and the same is hereby, added to Section 18.27.050 of Chapter 18.27 of Title 18 of the Anaheim Municipal Code to read as follows: ".065 Senior Second Units, as defined in Section 18.01.200 of this Code. An unsubordinated covenant in a form satisfactory to the Planning Department and City Attorney's Office, limiting the occupancy of the senior second unit to one (1) or two 14 (2) adults, both of whom are sixty-two (62) years of age or older, shall be recorded in the office of the Orange County Recorder prior to issuance of a building permit." SECTION 27. That new subsection .070 be, and the same is hereby, added to Section 18.31.030 of Chapter 18.31 of Title 18 of the Anaheim Municipal Code to read as follows: ".070 Second Units, as defined in Section 18.04.135.020.0205, in conformance with the criteria and standards of Section 18.04.135, on any lot developed with one (1) single-family dwelling." SECTION 28. That new subsection .070 be, and the same is hereby, added to Section 18.32.030 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code to read as follows: ".070 Second Units, as defined in Section 18.04.135.020.0205, in conformance with the criteria and standards of Section 18.04.135, on any lot developed with one (1) single-family dwelling." SECTION 29. That new subsection .080 be, and the same is hereby, added to Section 18.34.030 of Chapter 18.34 of Title 18 of the Anaheim Municipal Code to read as follows: ".080 Second Units, as defined in Section 18.04.135.020, in conformance with the criteria and standards of Section 18.04.135, on any lot developed with one (1) single- family dwelling." SECTION 30. 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 herefrom of any such portion as may be declared invalid. SECTION 31. 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 15 previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 32. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is appy ed and ado by the City Council of the City of Anaheim this 1�1ay of Nay , 2003 M OR OF THIJCftY OF ANAHEIM ATTEST. Cl CLERK 0P THL CITY OF ANAHEIM 4871421SMANNWpril 23 2003 16 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5857 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 6th day of May, 2003, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 13th day of May, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Tait ABSTAINED: MAYOR/COUNCIL MEMBERS: None n ITY CLERK OF THE CITY OF ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) SS. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 22, 2003 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: May 22, 2003 l Signature I Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION RECD This space is for the County Clerk's Filing Stamp 1003 AN' - S P 3: 4 3 Proof of Publication of SUMMARY PUBLICATION CITY OF ANAHEIM ORDHVANCE NO. 5857 AN OF THE CITY OF ANAHEIM AMEN Y SECTIONS OF THE ANAHEIM MUNR3PAd ADDING NEW SECTION 18.04.135 TO CHAPTER 18,64 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING This ordinance estaillshsa specifications and standards The ordinance establlethes specifications and standards.for ministerial approval of nowW units on reaklerilsly zoned lob developed with a sinpl►aamily reaidenee to� wllh the requirements of Government Code Section An applicatlon for a second unit which complies with the stand - for such units smiliaWlehed by 0h8 ordinance will be ap- proved, while an application which does not comply will be denied, with no variance permitted. Senior second units (granny units) which do not most the re- quuremeNa for a second unit manaly be subject to aaufphro bof y cablrom�ltCodde Section�u1 8 C* W�tuy establlehsd.aegond units, including senior units, which do not meet the requirements of the ordinance may continue as legal nonooMormkhg second units. Provisions relating to beer;ii sed�for consistency.ming servants' quarters, have I, Sheryl Schroeder, City Clerk of the City of Anaheim, do hereb certify that the foregoing =summary summery of Ordinance No. 51 7 wtsch ordirhance was irHroduced at a regular meat - of the Cly Council of:the City of Anaheim on the 61h day of May, cE�00t%and Id �dul n the 13th and day thereof:adopted the followingmalt! AYES: Mayor Pnrgle, Council Members: McCracken Chavez, Hemendez NOES:None ABSENT: Tit The above eunhmvy Is a brief dosadp8on of utod ti:r 8 takisd art Ire lard of OrdingnRe Ns W, which been pm supintactit» This � sloes dr � e4ery provision of the o once and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full bud of the ordinance,' please con- tact the Oft* of the City Clerk, (7hi) 765.5188, between 8:10 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Publish: An"m Bulletin Mey 22, 2003 25-598 5721150