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.
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.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.
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.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."
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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
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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:
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".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:
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".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
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(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
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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