4567FOLLOWS:
ORDINANCE NO. 4567
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 18.94 TO, AND AMENDING AND REPEALING
VARIOUS SUBSECTIONS AND SECTIONS OF CERTAIN
SPECIFIED CHAPTERS OF, TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Section 18.01.200 of Chapter 18.01 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended by
adding thereto, in proper alphabetical sequence, new definitions
of "senior citizen," "senior citizens' apartment project" and
"senior citizens' dwelling unit" to read as follows:
"'Senior Citizen.' A person
sixty-two (62) years of age or older, or 55 years of
age or older in a residential development consisting of
at least 150 senior citizens' dwelling units.
'Senior Citizens' Apartment
Project.' An apartment house project approved pursuant
to the provisions of Chapter 18.94 of this Code and the
occupancy of each dwelling unit of which is limited so
as to require at least one resident of each such unit
to be a senior citizen with the exception of not more
than one dwelling unit thereof ('resident manager's
dwelling unit'), as identified in covenants recorded
against the property, which unit may be occupied by a
resident manager and his or her family regardless of
their ages.
'Senior Citizens' Dwelling Unit.'
Each dwelling unit within a senior citizens' apartment
project with the exception of the resident manager's
dwelling unit, if any."
SECTION 2.
That Section 18.01.050 of Chapter 18.01 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended by
adding thereto, in proper alphabetical sequence, a new definition
of "density bonus" to read as follows:
"'Density Bonus.' An increase in
the maximum residential density otherwise allowable
under the provisions of this Title and the land use
element of the general plan which increase is approved
by the City pursuant to the provisions of Section 65915
of the Government Code without the necessity of
findings of fact otherwise required for a zone variance
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pursuant to this Title. Said density bonus shall be limited
to a waiver of, or variance from, the minimum building site
area per dwelling unit as otherwise required by the zoning
regulations applicable to said property as contained in this
Title."
SECTION 3.
That subsection .013 of Section 18.06.050 of Chapter
18.06 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
"18.06.050.013 Retirement Dwellings:
.0131 Senior citizens' apartment
projects: not less than four-fifths (0.8) of a parking
space for each bachelor unit and one bedroom unit, and not
less than one and three-fifths (1.6) parking spaces for each
two bedroom unit. All parking spaces shall be located so as
to minimize walking distances from the living area to the
parking facility. Parking spaces may be covered or open and
shall be unassigned and equally available to all residents,
guests or employees. Notwithstanding Section 18.06.040.030
of this Code, no small car stalls shall be permitted for
required parking spaces in senior citizens' apartment
projects.
.0132 Second residential dwelling units
(granny units) for which a conditional use permit is
approved pursuant to the authority of Section 65852.1 of the
Government Code: One (1) parking space, covered or open,
for each such unit which space may be tandem to another
on-site parking space."
SECTION 4.
That subsection .325 of Section 18.21.050 of Chapter
18.21, subsection .070 of Section 18.31.050 of Chapter 18.31,
subsection .100 of Section 18.32.050 of Chapter 18.32, subsection
.130 of Section 18.34.050 of Chapter 18.34, subsection .165 of
Section 18.41.050 of Chapter 18.41, subsection .305 of Section
18.44.050 of Chapter 18.44, subsection .295 of Section 18.45.050
of Chapter 18.45, subsection .275 of Section 18.46.050 of Chapter
18.46, and subsection .205 of Section 18.48.050 of Chapter 18.48,
all of Title 18 of the Anaheim Municipal Code, be, and the same
are hereby, amended to read as follows:
"Senior citizens' apartment projects
subject to compliance with the requirements of Chapter 18.94
of this Title."
Iwa
SECTION 5.
That Chapter 18.94 be, and the same is hereby, added to
Title 18 of the Anaheim Municipal Code to read as follows:
"Chapter 18.94
CRITERIA AND STANDARDS FOR SENIOR CITIZENS'
APARTMENT PROJECTS
18.94.010 DESCRIPTION AND PURPOSE
The purpose of this chapter is to provide
for and encourage the orderly development of apartment
projects designed expressly for senior citizens and further to
maintain and enhance those living and environmental
characteristics consistent with established community values
and the particular needs of senior citizens. The following
standards are established to ensure that such use shall
provide a suitable living environment for senior citizens and
be compatible with surrounding land uses, and to protect the
public health, safety and general welfare.
18.94.020 CONDITIONAL USE PERMIT REQUIRED
Senior citizens' apartment projects shall
be permitted only in the RS -A-43,000, RM -3000, RM -2400,
RM -1200, CO, CL, CG, CH and CR Zones ("underlying zones") of
the City and shall be only permitted in such underlying zones
provided a condi- tional use permit is first approved therefor
pursuant to the provisions of Chapter 18.03 of this Title. As
a condition of approval of any such conditional use permit and
prior to the issuance of any building permits for such
project, the owner(s) of the property shall be required to
execute and record covenants, conditions and restrictions
('covenants') against the property in a form approved by the
City Attorney's Office agreeing to restrict occupancy of all
senior citizens' dwelling units within such project to persons
at least one (1) of whom is a senior citizen. Said covenants
shall further restrict the age of all other occupants of
senior citizens' dwelling units within such project to the
greatest extent legally permissible under the provisions of
Section 51.3 of the Civil Code of the State of California.
Nothing contained in this chapter shall be deemed to prohibit
any housing project, the occupancy within which is limited in
whole or part to senior citizens, in any zone of the City
wherein residential uses are permitted provided such project
complies with all applicable requirements of such zone.
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18.94.030 SITE DEVELOPMENT STANDARDS
This chapter recognizes senior
citizens' apartment projects as a special class of
residential development because of unique character-
istics related to locational, affordability, social,
architectural and building safety considerations. In
order to provide a living environment consistent with
the needs of the elderly population and in order to
preserve locally recognized values of community
appearance, the following site development standards
shall apply in addition to, and where inconsistent
therewith shall supersede, any regulations of the
underlying zone.
18.94.031 BUILDING SITE REQUIREMENTS
.010 Minimum Lot Area. The minimum lot
area shall be not less than seventy-two hundred (7200)
square feet, providedhat where a lot of lesser area
was of record on or beore March 27, 1951, said lot
shall be deemed to comply with this provision.
.020 Minimum Building Site Area per
Dwelling Unit and Lot Width. The minimum building
site area per dwelling unit and minimum lot width
shall be the same as required in the underlying zone,
provided, however, projects located in the RS -A-43,000
Zone or nonresidential zones shall comply with the
requirements of the RM -1200 Zone.
.030 Required Finding of Accessibility
to Services. Any proposal for a senior citizens'
apartment project shall include adequate consideration
and information as to the location of the site in
relation to the proximity and accessibility to neces-
sary services, including grocery stores, transit
stops, medical facilities and banks. Prior to approv-
ing a conditional use permit for any senior citizens'
apartment project, and in addition to the findings
otherwise required by Chapter 18.03 of this Title, the
approving body shall find that the evidence presented
shows that said project is reasonably accessible to
the services identified in this subsection.
18.94.032 STRUCTURAL HEIGHT, LOT COVERAGE
AND FLOOR AREA LIMITATIONS
.010 Ma
maximum height of any
by the conditional use
provided that the heig
within one hundred fif
family residential zon
imum Structural Height. The
tructure shall be as authorized
permit approving such project
t of any structure located
y (150) feet of any single-
d property (except [i] property
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under a resolution of i
multiple -family zone, [
used for public purpose
developed for, or apprc
nonsingle-family reside
height equal to one -hal
ture to said single -fan
as measured to the neat
ntent to any commercial or
ii] property dedicated to and
B or [iii] property which is
ved for development of, any
ntial use) shall not exceed a
f the distance from such struc-
ily residential zoned property
est point.
.020 Maximum Lot Coverage. The maximum
lot coverage by all residential and accessory struc-
tures shall be as permitted in the underlying zone,
provided, however, pro ects located in the RS -A-43,000
Zone or nonresidential zones shall comply with the
requirements of the RM 1200 Zone.
.030 Mi imum Floor Area. The minimum
floor area of any senar citizen dwelling unit shall
be not less than as pr vided herein:
.031 Bachelor units: 400 square feet.
.032 One bedroom units: 550 square
feet.
.033 Tw,
feet, provided, however
room units shall not e.
total number of units
senior citizen dwellin,
bedrooms shall be allo,
chapter, the term 'bed
within a dwelling unit
sleeping quarters with
bathroom, kitchen or h
18.94.033 ST
bedroom units: 700 square
that the number of two bed-
ceed fifty percent (50%) of the
n the project and that no
units with more than two (2)
ed. For purposes of this
oom' shall include all rooms
capable of being utilized for
the exception of a living room,
llways.
CTURAL SETBACK AND YARD
IREMENTS
.010 Mi imum structural setbacks and
yards. The minimum st uctural setbacks and yards
shall be as required in the underlying zone, provided,
however, projects located in the RS -A-43,000 Zone or
nonresidential zones shall comply with the require-
ments of the RM -1200 Z ne.
.020 Re
and yards. Yards and
scaped with lawns, tre
ials and shall be perm
orderly manner. Pedes
leisure areas and vehi
permitted in said area
uired improvement of setbacks
etback areas shall be land-
s, shrubs or other plant mater-
nently maintained in a neat and
rian walks, recreational-
ular accessways shall be
. The following decorative
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elements are permitted where they are integral parts
of a landscaped schemel,comprised primarily of plant
materials:
.021 Fountains, ponds, sculptures and
planters.
.022 Fences, walls and hedges conform-
ing to the provisions cif Section 18.04.043 of this
Title.
.030 Mi
Areas. There shall be
square feet of usable
each dwelling unit pro
accessible balconies,
recreational -leisure a
yards or any combinati
herein.
.031 Pr
Areas. Private patios
not less than one hund
the least dimension of
eight (8) feet. Where
floor are served by a
shall be a minimum of
the least dimension of
five (5) feet.
imum Recreational -Leisure
not less than two hundred (200)
ecreational-leisure area for
ided for in private patios,
oof gardens, common
eas, landscaped side and rear
n thereof and as provided
vate Recreational -Leisure
for ground floor units shall be
ed (100) square feet in area,
which shall be not less than
living units above the ground
rivate balcony, said balcony
ifty (50) square feet in area,
which shall be a minimum of
.032 Rereational-Leisure Space for
Projects Containinq MoIs
a Than Twenty20 Dwelling
Units. Projects contaning more than twenty 20
dwelling units shall, a part of the required 200
square feet of recreational leisure area per dwelling
unit, provide at least fifty (50) square feet per
dwelling unit of commoi space designed for a specific
recreational or leisura activity. Said common
recreational -leisure s ace shall be conveniently
located to, and readily accessible from, all dwelling
units and may be provided either outdoors or inside a
building. Such outdoor common recreational -leisure
spaces may extend into required rear yard setbacks or
side yard setbacks not abutting a public or private
street and, in any evet, shall be screened from adja-
cent streets and arterial highways by either solid
building walls or a mi imum six (6) foot high block
wall. Said required common recreational -leisure space
may include swimming pools, barbecue facilities,
multi-purpose rooms, potting greens and/or court game
facilities. Indoor relcreational-leisure space shall
be provided in a multi', -purpose or recreational room or
rooms having minimum floor areas of at least one
thousand (1000) square, feet.
.033 All outdoor common recreational -
leisure areas shall be,landscaped with lawn trees,
shrubs or other plant materials and shall be perman-
ently maintained in a neat and orderly manner.
Fountains, ponds, sculpture, planters and decorative
screen type walls, where an integral part of a land-
scaping scheme which is comprised primarily of plant
materials, shall be permitted within said common areas.
18.94.034 PERMITTED ENCROACHMENT INTO
REQUIRED YARDS
Permitted encroachments into
required yards, unless otherwise expressly provided
herein, shall be the same as allowed in the RM -1200
Zone.
18.94.035 MINIMUM DISTANCES BETWEEN
BUILDINGS AND MINIMUM PEDESTRIAN
ACCESSWAYS
.010 The minimum distances between
buildings shall be the same as required in the RM -1200
Zone.
.020 Any pedestrian accessways provid-
ing primary access to any dwelling unit or public
recreational -leisure area from a public or private
street, alley or private driveway shall have a minimum
unobstructed width of eight (8) feet.
18.94.036 OFF-STREET PARKING REQUIREMENTS
.010 Number, Type and Design of Parking
Spaces. The minimum number, type and design of park-
ing spaces shall comply with the requirements of
Section 18.06.050 of the Anaheim Municipal Code; pro-
vided, however, that none of the spaces shall be
designed or designated for small cars nor shall any
spaces be tandem.
.020 Vehicle Access. Vehicle access
requirements shall be the same as required in the
RM -1200 Zone.
18.94.037 REQUIRED SITE SCREENING
.010 Boundary Screening. Except as
otherwise provided herein, a solid decorative type
masonry wall, landscaped earthen berm, or any combina-
tion thereof, totaling not less than six (6) feet in
height, shall be provided along and immediately adja-
cent to any site boundary abutting any freeway,
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expressway, railroad right-of-way, any alley or inter-
ior site boundary. The height of any such wall and/or
berm shall be measured from the highest finished grade
level adjacent to said wall and/or berm.
.020 Exceptions.
.021 No wall shall exceed the maximum
height specified in Section 18.04.043 of this Title.
.023 No wall or berm shall be required
across any approved vehicular or pedestrian accessway.
.024 Where any alley is proposed to
serve as joint access for any residential use,
requirements for a wall and/or berm may be modified or
waived by the Planning Director or his designee where
the following are satisfactorily shown:
.0241 Any truck loading or trash collec-
tion areas are reasonably screened from view from the
residential area; and
.0242 No major traffic problem will be
created by such joint use.
18.94.038 REQUIRED REFUSE STORAGE AREA
Refuse storage shall conform to
the standards as shown on the document entitled
"Minimum Acceptable Trash Collection Areas" on file
with the City of Anaheim and incorporated herein by
this reference, as the same may from time to time be
amended. Said storage areas shall be designed,
located or screened so as not to be readily identifi-
able from adjacent streets or highways.
18.94.039 AGE AND OCCUPANCY RESTRICTIONS
.010 Occupancy, residency and use of
any senior citizens' dwelling unit within a senior
citizens' apartment project shall be limited and
restricted as follows:
.011 Not more than two (2) persons, at
least one (1) of whom must be a senior citizen, shall
reside in, or be permitted to reside in, any bachelor
unit or one (1) bedroom unit.
.012 Not more than three (3) persons,
at least one (1) of whom must be a senior citizen,
shall reside in, or be permitted to reside in any two
(2) bedroom unit.
.013 All occupants and residents of any
dwelling unit who are not senior citizens, other than
the spouse or cohabitant of, or a person who resides
with and provides primary physical or economic support
to, the resident senior citizen, shall be at least 45
years of age except that temporary residency by a
person less than 45 years of age for a cumulative
period of sixty (60) days in any calendar year shall
be permitted.
.020 The term 'cohabitant' as used in
this section shall mean persons who live together as
husband and wife.
.030 The age and occupancy restrictions
set forth in this section shall be included in the
covenants required to be recorded against the property
pursuant to Section 18.94.020 hereof.
18.94.040 REQUIRED AFFORDABLE UNITS
As a condition of approval of any
conditional use permit for any senior citizens' apart-
ment project, and prior to issuance of any building
permits therefor, the property owner(s) shall be
required to agree to construct at least twenty-five
percent (25%) of the total number of senior citizens'
dwelling units within such project for lower income
households (`affordable units'). The term 'lower
income households' as used in this section shall mean
households having an income not exceeding fifty
percent (50%) of the median family income, adjusted
for family size, 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 approved by 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 City of Anaheimito supply or otherwise
approve the qualifications of the lower income house-
holds 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 devel-
oper may otherwise apply pursuant to Section 65915 of
the Government Code.
18.94.041 CONFLICTS WITH OTHER LAWS
Nothing contained in this chapter
shall be deemed to prohibit occupancy by any person of
any dwelling unit in a senior citizens' apartment
project where such prohibition would be in violation
of, or conflict with, any provision of State law with
which the City of Anaheim is required to conform. In
the event of any such conflict, the applicable
provision of State law shall prevail.
18.94.042
PENALTY FOR VIOLATIONS .
It shall be unlawful for any
person to occupy, or for any owner, operator or
manager of any senior citizens' apartment project to
permit the occupancy of, any dwelling unit within a
senior citizens' apartment project in violation of any
provision of this chapter. Any such violation shall
be a misdemeanor punishable in the manner set forth in
Section 1.01.370 of this Code. Each such person shall
be guilty of a separate offense for each and every day
during any portion of which any violation of any
provision of this chapter is committed, continued or
permitted by any such person and shall be punishable
accordingly. The criminal sanctions imposed by this
section shall be in addition to any civil remedies, at
law or in equity, which are otherwise available to the
City of Anaheim to remedy such violations."
SECTION 6.
That subsection .075 of Section 18.22.050 of Chapter
18.22, subsection .065 of Section 18.23.050 of Chapter 18.23,
subsection .065 of Section 18.24.050 of Chapter 18.24, subsection
.065 of Section 18.25.050 of Chapter 18.25, subsection .065 of
Section 18.26.050 of Chapter 18.26, subsection .100 of Section
18.27.050 of Chapter 18.27, subsection .140 of Section 18.42.050
of Chapter 18.42, subsection .435 of Section 18.61.050 of Chapter
18.61, subsection .375 of Section 18.63.050 of Chapter 18.63,
subsection .080 of Section 18.81.050 of Chapter 18.81, and
subsection .080 of Section 18.82.050 of Chapter 18.82, all of
Title 18 of the Anaheim Municipal Code, be, and the same are
hereby, repealed.
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SECTION 7. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this ordi-
nance, 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 8. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
hereby of any other ordinance of this City shall in any manner
affect the prosecution for violations of ordinances, which viola-
tions were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal pro-
visions applicable to any violation thereof. The provisions of
this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 9. CERTIFICATION
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within fif-
teen (15) days after its adoption in the Anaheim Bulletin, a news-
paper of general circulation, published and circulated in said
City, and thirty (30) days from and after its final passage, it
shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 5th day of Febr ary, 1985.
- - MAYOR OF THE CITY OF ANAHEIM
ATTEST -
a -,Ora., �� S—'-4zC
CITY CLERK OF THE CITY OF ANAHEIM
JLW/ fm
2593M
10/09/84
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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. 4567 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 29th day of January, 1985,
and that the same was duly passed and adopted at a regular meeting of said (+
City Council held on the 5th day of February, 1985, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: '_ :,,:y Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4567 on the 5th day of February, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 5th day of February, 1985.
MY 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 Ordinance No. 4567 add was published once in the
Anaheim Bulletin on the 15th day of February, 1985.
CITY CLERK
F