5288i
ORDINANCE NO. 5288
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 18.94.040 AND ADDING SECTION 18.94.025
TO CHAPTER 18.94 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO SENIOR CITIZENS'
APARTMENT PROJECTS
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That new Section 18.94.025 be, and the same is hereby,
added to Chapter 18.94 of Title 18 of the Anaheim Municipal Code to
read as follows:
"18.94.025 DESIGN REVIEW.
Plans for proposed senior citizen apartment projects
requiring a conditional use permit under this Chapter
18.94 shall be submitted to the Community Development
Department for design review. The Community Development
Department will review project design and seek to ensure
compatibility of the senior housing project to the
existing neighborhood scale and character and a high
level of liveability for senior citizens. The Community
Development Department will make a recommendation
regarding project design to the Planning Commission for
consideration in connection with Commission's decision on
the conditional use permit."
SECTION 2.
That Section 18.94.040 of Chapter 18.94 of Title 1.8 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"18.94.040 REQUIRED AFFORDABLE UNITS.
As a condition of approval of any conditional use
permit for any senior citizens' apartment project, and
prior to issuance of any building permits therefor, the
property owner(s) shall be required to agree to construct
at least forty nine percent (490) the total number of
senior citizens dwelling units within such project for
very low income households (affordable units). The term
very low income households as used in this section shall
mean households having an income not exceeding 50% of the
median family income, adjusted for family size.
Affordable monthly rents are established at thirty
percent (300) of thirty five percent (35%) of the median
family income for twenty five percent (25%) of the units
and thirty percent (300) of fifty percent (500) for
twenty four percent (24%) of the units, adjusted for
family size and divided by twelve (12) for the standard
metropolitan statistical area within which the City of Anaheim
is included as published by the United States Department of
Housing and Urban Development; provided that, in the event
such publication is discontinued, the City of Anaheim shall
have the right to designate or rely on an alternate source for
such statistical information. The property owner(s) shall be
required to execute and record an agreement with the City of
Anaheim agreeing to the requirements of this Section. Said
agreement shall be acceptable to and approved by the Community
Development Department and the City Attorney's Office and
shall include, but need not be limited to, the following
provisions: identification of the affordable units, the
initial rent for each unit, the method of calculating periodic
rental increases, a minimum term of thirty (30) years on the
control of rent for the affordable units, and the right of the
Community Development Department to supply or otherwise
approve the qualifications of the very low income households
which will rent said affordable units. The requirements of
this section shall be in addition to, and the affordable units
herein required shall not be counted toward, any density bonus
for which the developer may otherwise apply pursuant to
Section 65915 of the Government Code."
SECTION 3. 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 4.
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.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 3rd day of March , 1992.
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CITY CLERK OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 5288 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 25th day of February, 1992,
and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 3rd day of March, 1992, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5288 on the 4th day of March, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 4th day of March, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Ordinance No. 5288 and was published once in
the Anaheim Bulletin on the 13th day of March, 1992.
CITY CLERK OF THE CITY OF ANAHEIM