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5820ORDINANCE NO. 5820 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (GROUP HOMES AND RESIDENTIAL OR GROUP CARE FACILITIES). WHEREAS, there has been a trend away from institutionalization and toward integration in local residential communities of the handicapped, mentally ill, recovering drug addicts and alcoholics, the chronically ill and those elderly persons who need special care or supervision to meet their daily needs; and WHEREAS, frequently such special needs groups reside in residential or group care facilities instead of with what would be considered "traditional" families; and WHEREAS, certain residential or group care facilities for special needs groups are subject to state licensing statutes which limit the zoning and other regulatory requirements that can be imposed by cities and other local public entities; and WHEREAS, further limitations have been placed upon cities by the Adamson v. County of Santa Barbara case, which has mandated a very broad definition of "family;" and WHEREAS, other residential or group care facilities, including those facilities that are operated by non-profit organizations, religious groups and clean -and -sober living organizations, that provide services to other special needs residents and are not regulated under state licensing statutes, may be protected by federal and state legislation, including the Federal Housing Act Amendments of 1988 (FHA), the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA); and WHEREAS, many times the proposed siting of certain residential or group care facilities may result in impacts to the neighborhoods in which they are proposed to be located, including impacts related to traffic, parking, noise and the impairment of the integrity of residential neighborhoods; and WHEREAS, the City of Anaheim wishes to adopt an ordinance to provide regulations for residential and group care facilities to provide a reasonable balance between the interests of and benefits to special needs groups and the interests of and burdens on the City's residential areas, to the extent such regulations are permitted by law; and - _y. ,,,.. . -» - ._.. _ _ ORDINANCE NO. 5820 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL cc-? RELATING TO ZONING (GROUP HOMES AND RESIDENTIAL OR GROUP CARE FACILITIES). WHEREAS, there has been a trend away from institutionalization and toward integration in local residential coi , ,munities of the han-appedr,er..r� recovering drug addicts and alcoholics, the chronically ill and those elderly persons who need special care or supervision to meet their daily need: WHEREAS, frequently such special needs groups reside in residential or group care facilities instead of with what wculd be considered "traditional ':a.n- lies; and WHEREAS, certain residential or group care facilities for special needs groups are subject to state licensing statutes which limit the zoning and other ran. ulatory requirements that can be imposed by cities and other local public entities; and WHEREAS, further limitations have been placed upon cities by the Adamson v. County of Santa Barbara case, which has mandateu � very broad tion of "family;" and WHEREAS, other residential or group care facilities, including those facilities that are operated by non-profit organizations, religious groups and dear•. and -sober Irving organizations, that provide services to other special needs residents and are not regulated 'under state licensing statutes, ma t pro tected by federal and state legislation, including the Federal Housing Act Amendments of 1988 (FHA), the Americans with Disabilities Act (ADA and thr California Fair Employment and Housing Act (FEHA); and WHEREAS, many times the proposed siting of certain residential or group care facilities may result in impacts to the neighborhoods in which they are urc) posed to be located, including impacts related to traffic, parking, noise and the impairment of the integrity of residential neighborhoods; and WHEREAS, the City of Anaheim wishes to adopt an ordinance to provide regulations for residential and group care facilities to provide a reasonable car ance between the interests of and benefits to special needs groups and the interests of and burdens on the City's residential areas, to the extent such regulations are permitted by law; and WHEREAS, under the FHA and the FEHA, local agencies have an affirmative duty to make reasonable accommodations for housing for the disabled. enc' WHEREAS, Section 3604(f)(9) of the FHA provides that nothing in the Fair Housing Act Amendments "requires that a dwelling be made available to an in dividual whose tenancy would constitute a direct threat to the health and safety of other individuals or whose tenancy would result in substantial physicai damage to the property of others;" and WHEREAS, the proposed conditional use permit requirements contained in this ordinance serve legitimate municipal interests related to the health, safety and welfare of the City's residential areas and no other alternatives exist to fully evaluate whether a dwelling proposed to be made available to individuals or groups of individuals will constitute a direct threat to the health and safety of other individuals or whether a dwelling proposed to be made available to individuals or groups of individuals will result in substantial Physical damage to the property of others. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That the definition of "Boardinghouse" as set forth in Section 18.01.030 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code beanc. the same is hereby, amended to read as follows: "'Boardinghouse." A building orportion thereof where lodging and meals are provided to; compensation for seven or more persons, excluding rest homes and Residential or Group Care Facilities." SECTION 2. That the definition of "Dwelling" as set forth in Section 18.01.050 of Title 18 of the Anaheim Municipal Code be, and the same is hereby amended to read as follows: "'Dwelling.' A building or portion thereof designed exclusively for residential purposes, including one -family.. two-family ane multiple dwellings, but not including hotels, motels, boardinghouses and lodging houses." SECTION 3. That the definition of "Dwelling Unit" as set forth in Section 18.01.050 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, ano the same is hereby, amended to read as follows: "'Dwelling Unit.' One or more rooms in a dwelling designed for occupancy by one family for living and Sleeps urrpposes, and having only one kitchen." SECTION 4. That the definition of "Family" as set forth in Section 18.01.070 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the sant, is hereby, amended to read as follows: 'Family'. An individual or a collective body of persons Irving together as a Single Housekeeping Unit In domestic relationship based upon birth, marriage or other domestic bond of social, economic and psychological commitments to each other as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity, sorority, hotel, motel, or any Residential or Group Care Facility requiring a conditional use permit. SECTION S. That the definition of "Lodging House" as set forth in Section 18.01.130 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be. and the same is hereby, amended to read as follows: "'Lodging House.' A building, or portion thereof, where lodging is provided for six or fewer persons who are not living together as a Single Housekeeping Unit, where rent is paid in money, goods, labor or otherwise, excluding rest homes and Residentia VG Group Care Facilities." SECTION 6. That Section 18.01.190 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to add a defirl of "Residential or Group Care Facility" as follows: "'Residential or Group Care Facility.' Residential or Group Care Facility means a building or portion thereof designed or used for the purpose of providing 24-hour per day residential living accommodations in exchange for the payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the individual resident's participation in group or individual activdie� such as counseling, recovery planning, or medical or therapeutic assistance. Residential or Group Care Facility includes, but is not limited to community care facilities (H&SC Section 1500 at. seq.), residential care facility for persons with chronic life threatening illness (H&SC §1558.01 et seq.` residential care facilities (H&SC Section 1569 et. seq.), and alcoholism or drug abuse recovery or treatment facilities (H&SC Section 11834.02), and other similar care facilities. Residential or Group Care Facilities are subject to the requirements of Section 18.04.160 of this Code." SECTION 7. That the definition of "Rest Home" as set forth in Section 18.01.190 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the - same is hereby, amended to read as follows: "'Rest Home.' An institutional use for seven or more persons providing nursing, dietary and other persona' services rendered to convalescents, invalids and aged persons, but excluding cases of contagious or communicable diseases, and excluding surgery or primary treatments such as are customarily provided in sanitariums and hospitals." SECTION 6. That Section 18.01.200 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to add a definaioe of "Single Housekeeping Unit" as follows: 'Single Housekeeping Unit.' A nontransient group of persons jointly occupying a single dwelling urn? including the use of common areas, for the purpose of sharing household activities and responsibilities such as meals, chores and expenses." SECTION 9. That Section 18.04.160 be, and the same is hereby, added to Chapter 18.04 of Title 18 of the Anaheim Municipal Code to read as follow, 16.04.160 ITI RESIDENTIAL OR GROUP CARE FACILES" .010 Findings and purpose. Residential or Group Care Facilities, as defined in Section 18.01.190 of this Code, provide a cost-effective, humane and non institutional environment for elderly persons, persons suffering from chronic illnesses, persons suffering from mental or physical impairments, and persons recovering from drug and/or alcohol addiction. The City Council finds that the Public health, safety and welfare of all residents of the City are best served when such facilities are licensed by the California Department of Social Services, the California Department of Alcohol and Drug Programs or other appropriate agencies or Departments of the State of California or the County of Orange, to ensure compliance with applicable regulations and standards designed to promote and maintain successful programs, but that in fact not all such facilities are so licensed. Further, it is in the best interest of the public health, safety and welfare to preserve and Protect the integrity of residential neighborhoods, in accordance with the goals and Policies of the City of Anaheim General Plan. Thus, the purpose of this Chapter is to provide a reasonable balance between providing persons with special needs a humane and non -institutional environment, and ensuring necessary safeguards to protect the integrity of residential 72 1hborhoods, in light of legal constraints upon regulation of certain types of group facilities. 020 Residential or Group Care Facilities - Six or fewer residents - Regulations. Residential or Group Care Facilities with six or fewer persons shall be subject to all zoning, subdivision and code provisions applicable to residential properties in the zone in which the facility is located, including requirements of the Uniform Building, Housing and Fire Codes. 030 Residential or Group Care Facilities - Seven or more residents - Regulations. Residential or Group Care Facilities for seven or more residents, whether or not said Facilities are required to be licensed by a state or county agency or department, shall be allowed in all residential and commercial zones of the City, subject to the approval of a conditional use permit issued pursuant to Section 18.03.030. All such Facilities stall also be subject to the following requirements: .0301 Compliance with all zoning, subdivision and code provisions applicable to residential properties in me zone in which the facility is loca.eo including requirements of the Uniform Building, Housing and Fire Codes. 0302 Parking spaces shall be maintained in accordance with the requirements of Sections 18.06.040 and fb.06.050 of Chapter 18.06 of Title 18 ca the Anaheim Municipal Code; and .0303 No sign shall be posted which calls attention to the fact that the property is a Residential or Group Care Facility.' SECTION 10. That new subsection .040 e, and the same is hereby, added to Section 18.21.020 of Chapter 18.21 of Title 18 of the Anaheim Municipai Code to read as follows: ".040 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 11. That new subsection .305 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: ".305 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 12. That new subsection .020 be, and the same is hereby, added to Section 18.22.020 of Chapter 18.22 of Title 18 of the Anaheim Municipal Code to read as follows: ".020 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 13. That new subsection .067 be, and the same is hereby, added to Section 18.22.050 of Chapter 18.22 of Title 1B of the Anaheim Municipal Code to read as follows: ".067 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 14. That new subsection .020 be, and the same is hereby, added to Section 18.23.020 of Chapter 18.23 of Title 18 of the Anaheim Mun:cipa; Code to read as follows: .020 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria ,and standards in Section 18.04.160 of this Code;" SECTION 15. That new subsection .057 be, and the same is hereby, added to Section 18.23.050 of Chapter 18.23 of Title 18 of the Anaheim Murnapal Code to read as follows: ".057 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the cnterir:. and standards in Section 18.04.160 of this Code;" SECTION 16. That new subsection .020 be, and the same is hereby, added to Section 18.24.020 of Chapter 18.24 of Title 18 of the Anaheim Mun,opa' Code to read as follows: ".020 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria ano standards in Section 18.04.160 of this Code:" , no me same is ded Section of er .24 of Title 18 of the Anal Code to read'as f011ozs ".057 Residential or Group Care Facilitiesr as defined inoSection 16.01 190,Ofor sevenormore residents, subject to the cn aria an, standards in Section 18.04.160 of this Code;" SECTION 18. That new subsection .020 be, and the same is hereby, added to Section 18.25.020 of Chapter 18.25 of Title 18 of the Anahem Municipal Code to read as follows: ".020 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 19. That new subsection .057 be, and the same is hereby, added to Section 18.25.050 of Chapter 16.25 of Title 18 of the Anaheim Municipal Code to read as follows: ".057 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 20. That new subsection .020 be, and the same is hereby added to Section 18.26.020 of Chapter 18.26 of Title 18 of the Anaheim Municipal - Code to read as follows: ".020 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria, anc standards in Section 18.04.160 of this Code;" SECTION 21. That new subsection .057 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: ".057 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 22. That new subsection .020 be, and the same is hereby, added to Section 18.27.020 of Chapter 18.27 of Title 18 of the Anaheim Municipal Code to read as follows: ".020 Residential or Group Care Facilities as defined in Section 18.01.190, for six c fewer residents, subject to the criteria and ' standards in Section 18.04.160 of this Code;" SECTION 23. That new subsection .057 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: ".057 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 24. That new subsection .060 be, and the same is hereby, added to Section 18.31.020 of Chapter 18.31 of Title 18 of Ine Anaheim Municipal -- Code to read as follows: ".060 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 25. That new subsection .100 be, and the same is hereby, added to Section 18.31.050 of Chapter 18.31 of Title 18 of the Anaheim Municipal Code to read as follows: ".100 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 26. That new subsection .060 be, and the same is hereby added to Section 18.32.020 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code to read as follows: ".060 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and, standards in Section 18.04.160 of this Code;" SECTION 27. That new subsection .130 be, and the same is hereby added to Section 18.32.050 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code to read as follows: ".130 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 28. That new subsection .060 be, and the same is hereby, added to Section 18.34.020 of Chapter 18.34 of Title 18 of the Anaheim Municipal Code to read as follows: ".060 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 Of this Code;' at ection .150 Code oOreadd as follows:' .150sReside talo G Group Care Faciliteand the same is s s de defined in Sectioadded to )on n 18.01.190, for sevof ener 18.34 ormore residentitle s subjects to the cof the Anaheim riteriar and standardsstandards in Section 18.04.160 of this Code;" al L SECTION 30. That new subsection .090 be, and the same is hereby, added to Section 18.41.020 of Chapter 18.41 of Title 18 of the Anaheim Municipal` Code to read as follows: ".090 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 31. That new subsection .230 be, and the same is hereby, added to Section 18.41.050 of Chapter 18.41 of Title 18 of the Anaheim Municipal Code to read as follows: ".230 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 32. That new subsection .345 be, and the same is hereby,. added to Section 18.44.020 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code to read s follows: ".345 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents.. subject to the criteria and j standards in Section 18.04.160 of this Code;" SECTION 33. That new subsection .370 be, and the same is hereby, added to Section 18.44.050 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code to read as follows: ".370 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and JI standards In Section 18.04.160 of this Code;" SECTION 34. That subsection .0431 of Section 18.55.043 of Chapter 18.55 of Title 18 of the Anaheim Municipal Code be, and the same is hereby )d amended to read as follows: ".0431 LIMITATIONS AND EXCEPTIONS TO PERMITTED PRIMARY, ACCESSORY, AND CONDITIONAL USES AND STRUCTURES. Notwithstanding any other provisions of this Chapter to the contrary, the following permitted, accessory, and conditional uses shall not be permitted: .010 Boarding and lodging house., .020 Bingo establishments., .030 Non-residential use of residential structures., .035 Hotels, motels, and motor inns., .040 Mobilehome and/or trailer parks., .050 Mobilehome park subdivisions., .055 Off-premises sale of alcoholic beverages...060 r 1 Reconstruction of a single family residence, damaged destroyed, except as provided in Section 18.41.020.080., .070 Bars and cocktail lounges, unless integgrated with a full-service restaurant that has been approved by a Conditional Use Permit pursuant to Section 18.41.050.183., .080 Storage of Class C explos SECTives in any amount., .090 Residential or Group Care Facilities, s defined in Section 18.01.190, for seven (7) or more residents;" ION 35. That subsection .0441 of Section 18.55.044 of Chapter 18.55 of Title 18 of the Anaheim Municipal Code be, and the same is hereby., is amended to read as follows: ".0441 LIMITATIONS AND EXCEPTIONS TO PERMITTED, ACCESSORY, AND CONDITIONAL USES AND STRUCTURES Notwithstanding any other provisions of this Chapter to the contrary, the following permitted, accessory, and conditional uses shall not be permitted .010 Billboards, as defined in Chapter 18.05., .015 Amusement device arcades., .020 Boarding and/or lodging houses., .025 Non-residential use of residential structures., .030 Bars and cocktail lounges, unless integrated with a full-service restaurant that has been approved by a Conditional Use Permit pursuant to Section 18.55.0442.080., .035 Hotels, motels, and motor inns., .040 Large collection facilities for recycling purposes., .050 Labor 19l camps., .060 Liquor stores., .070 Massage parlors., .080 Mobilehome and/or trailer parks., .090 Mobilehome park subdivisions., .100 Nightclubs .1101, t Off-premises sale of alcoholic beverages unless specifically approved in conjunction with a Conditional Use Permit for a market or grocery store having an interior building floor area of greater than 30,000 square feet pursuant to Section 18.55.0442.060., .120 Pawnshops., .125 Pool and/or billiard centers, nyy 130 Public dance. halls, as defined in Chapter 4.16., .140 Reconstruction of a single family residence damaged or destroyed, except s provided in nt Section 18.44.020.305., .150 Residential or Group Care Facilities, as defined in Section 18.01.190, for seven or more residents., .160 Saunas and/or Ing Turkish baths., .170 Self-storage or mini-warehouse facilities., .180 Sex oriented businesses." SECTION 36. That new subsection .090 be, and the same is hereby, added to Section 18.80.050 of Chapter 18.80 of Title 18 of the Anaheim Muniapai DIS Code to read as follows: ".090 Residential or Group Care Facilities s defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 37. That new subsection .090 be, and the same is hereby, added to Section 18.80.050 of Chapter 18.80 of Title 18 of the Ananeim Municipal d Code to read as follows: ".090 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" j SECTION 38 That new subsection .090 be and the same is hereby added to Section 18.81.050 of Chapter 18.81 of Title 18 of the Anaheim Municipal Code to read as follows: ".090 Residential or Group Care Facilities as defined in Section 18de;" .01.190, for six or fewer residents, subject to the criteria and Il , standards in Section 18.04.160 of this Co SECTION 39 That new subsection .090 be and the same is hereby added to Section 18.81.050 of Chapter 18.81 of Title 18 of the Anaheim Municipal Code to read as follows: ".090 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 40. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentenceor word of ibis L 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 41. SAVINGS CLAUSE Neither the adoption Of this ordinance nor the repeal of any other ordinance of this City shall be in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date thereof, which violations were committed prior to the effective date thereof, nor be construed as a waiver of any license or penalty or the penal provisions appplicable to any violations thereof. The provisichs 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 enactment's. SECTION 42. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any 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 the shall be punished 4 a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment offense for enot ach day sixduring anmonthsy or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate dIA g y portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such MEfirm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim This 27th day of August, 2002. dZ /a/, MAYOR OF THE CITY OF ANAHEI ATTEST: /s/ CITY CLERK OF THE CITY OF ANAHEIM 8 Introduced Auggust�� x,:)02 AYES: MAYO R/COU RCIL ME WERS: Feldhaus, Kring, Daly, Tait McCracken NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/OUNCIL MEMBERS: None Publish Ofance tv Reoister September 5 2002 R'348/5350798 WHEREAS, under the FHA have an affirmative duty to make housing for the disabled; and and the FEHA, local agencies reasonable accommodations for WHEREAS, Section 3604(f)(9) of the FHA provides that nothing in the Fair Housing Act Amendments "requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health and safety of other individuals or whose tenancy would result in substantial physical damage to the property of others;" and WHEREAS, the proposed conditional use permit requirements contained in this ordinance serve legitimate municipal interests related to the health, safety and welfare of the City's residential areas and no other alternatives exist to fully evaluate whether a dwelling proposed to be made available to individuals or groups of individuals will constitute a direct threat to the health and safety of other individuals or whether a dwelling proposed to be made available to individuals or groups of individuals will result in substantial physical damage to the property of others. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That the definition of "Boardinghouse" as set forth in Section 18.01.030 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "`Boardinghouse.' A building or portion thereof where lodging and meals are provided for compensation for seven or more persons, excluding rest homes and Residential or Group Care Facilities." SECTION 2. That the definition of "Dwelling" as set forth in Section 18.01.050 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "Dwelling.' A building or portion thereof designed exclusively for residential purposes, including one -family, two-family and multiple dwellings, but not including hotels, motels, boardinghouses and lodging houses." 2 SECTION 3. That the definition of "Dwelling Unit" as set forth in Section 18.01.050 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "`Dwelling Unit.' One or more rooms in a dwelling designed for occupancy by one family for living and sleeping purposes, and having only one kitchen." SECTION 4. That the definition of "Family" as set forth in Section 18.01.070 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "`Family'. An individual or a collective body of persons living together as a Single Housekeeping Unit in a domestic relationship based upon birth, marriage or other domestic bond of social, economic and psychological commitments to each other as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity, sorority, hotel, motel, or any Residential or Group Care Facility requiring a conditional use permit." SECTION 5. That the definition of "Lodging House" as set forth in Section 18.01.130 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "`Lodging House.' A building, or portion thereof, where lodging is provided for six or fewer persons who are not living together as a Single Housekeeping Unit, where rent is paid in money, goods, labor or otherwise, excluding rest homes and Residential or Group Care Facilities." SECTION 6. That Section 18.01.190 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to add a definition of "Residential or Group Care Facility" as follows: c "`Residential or Group Care Facility.' Residential or Group Care Facility means a building or portion thereof designed or used for the purpose of providing 24-hour per day residential living accommodations in exchange for the payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the individual resident's participation in group or individual activities such as counseling, recovery planning, or medical or therapeutic assistance. Residential or Group Care Facility includes, but is not limited to, community care facilities (H&SC Section 1500 et. seq.), residential care facility for persons with chronic life threatening illness (H&SC §1568.01 et seq.) residential care facilities (H&SC Section 1569 et. seq.), and alcoholism or drug abuse recovery or treatment facilities (H&SC Section 11834.02), and other similar care facilities. Residential or Group Care Facilities are subject to the requirements of Section 18.04.160 of this Code." SECTION 7. That the definition of "Rest Home" as set forth in Section 18.01.190 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "`Rest Home.' An institutional use for seven or more persons providing nursing, dietary and other personal services rendered to convalescents, invalids and aged persons, but excluding cases of contagious or communicable diseases, and excluding surgery or primary treatments such as are customarily provided in sanitariums and hospitals." SECTION 8. That Section 18.01.200 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to add a definition of "Single Housekeeping Unit" as follows: "`Single Housekeeping Unit.' A nontransient group of persons jointly occupying a single dwelling unit, including the use of common areas, for the purpose of sharing household activities and responsibilities such as meals, chores and expenses." 4 SECTION 9. That Section 18.04.160 be, and the same is hereby, added to Chapter 18.04 of Title 18 of the Anaheim Municipal Code to read as follows: "18.04.160 RESIDENTIAL OR GROUP CARE FACILITIES" .010 Findings and purpose. Residential or Group Care Facilities, as defined in Section 18.01.190 of this Code, provide a cost-effective, humane and non -institutional environment for elderly persons, persons suffering from chronic illnesses, persons suffering from mental or physical impairments, and persons recovering from drug and/or alcohol addiction. The City Council finds that the public health, safety and welfare of all residents of the City are best served when such facilities are licensed by the California Department of Social Services, the California Department of Alcohol and Drug Programs, or other appropriate agencies or Departments of the State of California or the County of Orange, to ensure compliance with applicable regulations and standards designed to promote and maintain successful programs, but that in fact not all such facilities are so licensed. Further, it is in the best interest of the public health, safety and welfare to preserve and protect the integrity of residential neighborhoods, in accordance with the goals and policies of the City of Anaheim General Plan. Thus, the purpose of this Chapter is to provide a reasonable balance between providing persons with special needs a humane and non -institutional environment, and ensuring necessary safeguards to protect the integrity of residential neighborhoods, in light of legal constraints upon regulation of certain types of group facilities. .020 Residential or Group Care Facilities - Six or fewer residents - Regulations. Residential or Group Care Facilities with six or fewer persons shall be subject to all zoning, subdivision and code provisions applicable to residential properties in the zone in which the facility is located, including requirements of the Uniform Building, Housing and Fire Codes. 5 .030 Residential or Group Care Facilities - Seven or more residents - Regulations. Residential or Group Care Facilities for seven or more residents, whether or not said Facilities are required to be licensed by a state or county agency or department, shall be allowed in all residential and commercial zones of the City, subject to the approval of a conditional use permit issued pursuant to Section 18.03.030. All such Facilities shall also be subject to the following requirements: .0301 Compliance with all zoning, subdivision and code provisions applicable to residential properties in the zone in which the facility is located, including requirements of the Uniform Building, Housing and Fire Codes. .0302 Parking spaces shall be maintained in accordance with the requirements of Sections 18.06.040 and 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code; and 0303 No sign shall be posted which calls attention to the fact that the property is a Residential or Group Care Facility." SECTION 10. -.- That new subsection .040 be, and the same is hereby, added to Section 18.21.020 of Chapter 18.21 of Title 18 of the Anaheim Municipal Code to read as follows: ".040 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 11. That new subsection .305 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: 0 ".305 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 12. That new subsection .020 be, and the same is hereby, added to Section 18.22.020 of Chapter 18.22 of Title 18 of the Anaheim Municipal Code to read as follows: ".020 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 13. That new subsection .067 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: ".067 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 14. That new subsection .020 be, and the same is hereby, added to Section 18.23.020 of Chapter 18.23 of Title 18 of the Anaheim Municipal Code to read as follows: 020 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 15. That new subsection 057 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: ".057 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" 7 SECTION 16. That new subsection .020 be, and the same is hereby, added to Section 18.24.020 of Chapter 18.24 of Title 18 of the Anaheim Municipal Code to read as follows: ".020 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 17. That new subsection .057 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: ".057 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 18. That new subsection .020 be, and the same is hereby, added to Section 18.25.020 of Chapter 18.25 of Title 18 of the Anaheim Municipal Code to read as follows: ".020 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 19. That new subsection .057 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: ".057 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" n. SECTION 20. That new subsection .020 be, and the same is hereby added to Section 18.26.020 of Chapter 18.26 of Title 18 of the Anaheim Municipal Code to read as follows: ".020 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 21. That new subsection .057 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: ".057 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 22. That new subsection .020 be, and the same is hereby, added to Section 18.27.020 of Chapter 18.27 of Title 18 of the Anaheim Municipal Code to read as follows: ".020 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 23. That new subsection .057 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: ".057 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" 7 SECTION 24. That new subsection .060 be, and the same is hereby, added to Section 18.31.020 of Chapter 18.31 of Title 18 of the Anaheim Municipal Code to read as follows: ".060 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 25. That new subsection .100 be, and the same is hereby, added to Section 18.31.050 of Chapter 18.31 of Title 18 of the Anaheim Municipal Code to read as follows: 11.100 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 26. That new subsection .060 be, and the same is hereby added to Section 18.32.020 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code to read as follows: ".060 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 27. That new subsection .130 be, and the same is hereby added to Section 18.32.050 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code to read as follows: ".130 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" 10 SECTION 28. That new subsection .060 be, and the same is hereby, added to Section 18.34.020 of Chapter 18.34 of Title 18 of the Anaheim Municipal Code to read as follows: ".060 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 29. That new subsection .150 be, and the same is hereby, added to Section 18.34.050 of Chapter 18.34 of Title 18 of the Anaheim Municipal Code to read as follows: ".150 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 30. That new subsection .090 be, and the same is hereby, added to Section 18.41.020 of Chapter 18.41 of Title 18 of the Anaheim Municipal Code to read as follows: 11.090 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 31. That new subsection .230 be, and the same is hereby, added to Section 18.41.050 of Chapter 18.41 of Title 18 of the Anaheim Municipal Code to read as follows: ".230 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" 11 SECTION 32. That new subsection .345 be, and the same is hereby, added to Section 18.44.020 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code to read as follows: ".345 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 33. That new subsection .370 be, and the same is hereby, added to Section 18.44.050 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code to read as follows: ".370 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 34. That subsection .0431 of Section 18.55.043 of Chapter 18.55 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".0431 LIMITATIONS AND EXCEPTIONS TO PERMITTED PRIMARY, ACCESSORY, AND CONDITIONAL USES AND STRUCTURES. Notwithstanding any other provisions of this Chapter to the contrary, the following permitted, accessory, and conditional uses shall not be permitted: .010 Boarding and lodging houses. .020 Bingo establishments. 030 Non-residential use of residential structures. .035 Hotels, motels, and motor inns. .040 Mobilehome and/or trailer parks. .050 Mobilehome park subdivisions. 12 .055 Off -premises sale of alcoholic beverages. .060 Reconstruction of a single family residence, damaged or destroyed, except as provided in Section 18.41.020.080. 070 Bars and cocktail lounges, unless integrated with a full-service restaurant that has been approved by a Conditional Use Permit pursuant to Section 18.41.050.183. .080 Storage of Class C explosives in any amount. .090 Residential or Group Care Facilities, as defined in Section 18.01.190, for seven (7) or more residents;" SECTION 35. That subsection .0441 of Section 18.55.044 of Chapter 18.55 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".0441 LIMITATIONS AND EXCEPTIONS TO PERMITTED, ACCESSORY, AND CONDITIONAL USES AND STRUCTURES. Notwithstanding any other provisions of this Chapter to the contrary, the following permitted, accessory, and conditional uses shall not be permitted: 010 Billboards, as defined in Chapter 18.05. 015 Amusement device arcades. .020 Boarding and/or lodging houses. .025 Non-residential use of residential structures. .030 Bars and cocktail lounges, unless integrated with a full-service restaurant that has been approved by a Conditional Use Permit pursuant to Section 18.55.0442.080. 13 .035 Hotels, motels, and motor inns. .040 Large collection facilities for recycling purposes. .050 Labor camps. .060 Liquor stores. .070 Massage parlors. .080 Mobilehome and/or trailer parks. .090 Mobilehome park subdivisions. .100 Nightclubs. .110 Off -premises sale of alcoholic beverages unless specifically approved in conjunction with a Conditional Use Permit for a market or grocery store having an interior building floor area of greater than 30,000 square feet pursuant to Section 18.55.0442.060. .120 Pawnshops. .125 Pool and/or billiard centers .130 Public dance halls, as defined in Chapter 4.16. .140 Reconstruction of a single family residence damaged or destroyed, except as provided in Section 18.44.020.305. .150 Residential or Group Care Facilities, as defined in Section 18.01.190, for seven or more residents. .160 Saunas and/or Turkish baths. .170 Self -storage or mini -warehouse facilities. .180 Sex oriented businesses." 14 SECTION 36. That new subsection .090 be, and the same is hereby, added to Section 18.80.050 of Chapter 18.80 of Title 18 of the Anaheim Municipal Code to read as follows: 11.090 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 37. That new subsection .090 be, and the same is hereby, added to Section 18.80.050 of Chapter 18.80 of Title 18 of the Anaheim Municipal Code to read as follows: 11.090 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 38 That new subsection .090 be and the same is hereby added to Section 18.81.050 of Chapter 18.81 of Title 18 of the Anaheim Municipal Code to read as follows: 11.090 Residential or Group Care Facilities as defined in Section 18.01.190, for six or fewer residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 39 That new subsection .090 be and the same is hereby added to Section 18.81.050 of Chapter 18.81 of Title 18 of the Anaheim Municipal Code to read as follows: 11.090 Residential or Group Care Facilities as defined in Section 18.01.190, for seven or more residents, subject to the criteria and standards in Section 18.04.160 of this Code;" SECTION 40. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this 15 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 41. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall be in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date thereof, which violations were committed prior to the effective date thereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violations 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 enactment's. SECTION 42. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any 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 approved and adopted by the City Council of the City of Anaheim t i. 7thda of August 2002. 1 4�� Z MAYOR O TH TY OF A HEIM ATTEST: TY CLERK OF HE CITY OF ANAHEIM 44388.4\SMANN\July 31, 2002 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. 5820 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 20th day of August, 2002, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 27th day of August, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS NOES: MAYOR/COUNCIL MEMBERS ABSTAINED: MAYOR/COUNCIL MEMBERS ABSENT: (SEAL) MAYOR/COUNCIL MEMBERS Feldhaus, Kring, Tait, McCracken, Daly None None None CITY CLIERK OF THE CITY OF ANAHEIM