6489 ORDINANCE NO. 6 4 8 9
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 18.52 (DENSITY BONUSES) OF TITLE 18
(ZONING) OF THE ANAHEIM MUNICIPAL CODE AND
FINDING AND DETERMINING THAT THIS ORDINANCE IS
EXEMPT FROM THE REQUIREMENTS TO PREPARE
ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES, SECTIONS 15060(C)(2) AND 15060(C)(3)
BECAUSE IT WILL NOT RESULT IN A DIRECT OR
REASONABLY FORESSEABLE INDIRECT PHYSICAL
CHANGE IN THE ENVIRONMENT AND IT IS NOT A
PROJECT, AS DEFINED IN SECTION 15378 OF THE CEQA
GUIDELINES.
(ZONING CODE AMENDMENT NO. 2019-00168)
(DEV2019-00174)
WHEREAS, Chapter 18.52 (Density Bonuses) of Title 18 (Zoning) of the Anaheim
Municipal Code ("AMC") facilitates the development of affordable housing by encouraging the
construction and production of housing for very low, lower and moderate households, or senior
households in accordance with Section 65915 et seq. of the California Government Code (the
"State Density Bonus Law"); and
WHEREAS, the State of California has enacted several legislative amendments to State
Density Bonus Law, California Government Code Section 65915; and
WHEREAS, the City Council desires to amend Chapter 18.52 to ensure its consistency
with the State Density Bonus Law; and
WHEREAS,pursuant to the California Environmental Quality Act(Public Resources Code
Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for
Implementation of the California Environmental Quality Act(commencing with Section 15000 of
Title 14 of the California Code of Regulations;herein referred to as the"State CEQA Guidelines"),
the City is the "lead agency" for the preparation and consideration of environmental documents
for this ordinance; and
WHEREAS,the Planning Commission of the City of Anaheim, at its April 27,2020 public
hearing, recommended, by motion, that the City Council determine that this ordinance is not
subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3)of the State CEQA Guidelines,
because it will not result in a direct or reasonably foreseeable indirect physical change in the
environment and is not a "project," as that term is defined in Section 15378 of the State CEQA
Guidelines; and
WHEREAS,the City Council hereby finds and determines that this ordinance is not subject
to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines,
because it will not result in a direct or reasonably foreseeable indirect physical change in the
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environment and is not a "project," as that term is defined in Section 15378 of the State CEQA
Guidelines; and
WHEREAS, the City Council determines that this ordinance is a matter of City-wide
importance and necessary for the preservation and protection of the public peace, health, safety
and/or welfare of the community and is a valid exercise of the local police power and in accord
with the public purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 18.52 (Density Bonuses) of Title 18 (Zoning) of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
Chapter 18.52
HOUSING INCENTIVES
Sections:
18.52.010 Purpose.
18.52.020 Definitions.
18.52.030 Applicability.
18.52.040 General Density Bonus.
18.52.050 Transfer of Land.
18.52.060 Condominium Conversion.
18.52.070 Childcare Facilities.
18.52.080 Affordable Rental Housing Development.
18.52.090 Development Incentives.
18.52.100 Parking Ratios.
18.52.110 Application Review.
18.52.120 Findings.
18.52.130 Notice of Approval or Denial.
18.52.140 Appeals.
18.52.150 Time to Exercise Entitlement.
18.52.160 Housing Incentives Agreement.
18.52.170 Conflict with Other Laws.
18.52.180 Penalty for Violations.
18.52.010 PURPOSE.
The purpose of this chapter is to provide Incentives to facilitate the development of rental
and for-sale housing in accordance with Section 65915 et seq. of the California Government Code,
as the same may be amended from time to time, and to achieve the goals, objectives, and policies
of the Housing Element of the General Plan.
18.52.020 DEFINITIONS.
For purposes of this chapter, the following words, terms and phrases shall have the
meanings indicated below:
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.010 "Affordable Housing Cost." An Affordable Housing Cost as defined in Section
50052.5 of the California Health and Safety Code.
.020 "Affordable Rent." An Affordable Rent as defined by Section 50053 of the
California Health and Safety Code. In the event, a project receives state and/or federal funding;
the Affordable Rents under those funding sources may apply, as approved by the Executive
Director of the Community and Economic Development Department.
.030 "Affordable Rental Housing Development." A Housing Development that meets
the requirements of Section 18.52.080 (Affordable Rental Housing Development).
.040 "Affordable Unit."A dwelling unit subject to the provisions of this chapter that will
be reserved for sale or rent to, and is made available at an Affordable Rent or Affordable Housing
Cost.
.050 "Childcare Facility."A Childcare Facility as defined in Section 65915(h)(4) of the
California Government Code.
.060 "Common Interest Development."A Common Interest Development as defined in
Section 4100 of the California Civil Code including,but not limited to, condominiums.
.070 "Density Bonus."A density increase over the otherwise maximum allowable gross
residential density as of the date of application, or, if elected by the applicant, a lesser percentage
of density increase, including, but not limited to, no increase in density. The amount of density
increase to which the applicant is entitled shall vary according to the amount by which the
percentage of affordable housing units exceeds the percentages set forth in Sections 18.52.040
(General Density Bonus), 18.52.050 (Transfer of Land), 18.52.060 (Condominium Conversion),
18.52.070 (Childcare Facilities) and 18.52.080 (Affordable Rental Housing Development).
.080 "Housing Incentives Application." A formal application for a Density Bonus,
Incentive and/or Reduced Parking Ratio made pursuant to this Chapter 18.52(Housing Incentives)
and in accordance with the provisions of Section 18.52.110 (Application Review).
.090 "Housing Incentives Agreement."An unsubordinated legally binding agreement in
form and substance satisfactory to the City,between the applicant and the City that complies with
the requirements of this chapter and ensures that the restrictions required by this chapter are
satisfied.
.100 "Housing Incentives Memorandum." A written acknowledgement of the basic
terms of the Housing Incentives Agreement,including but not limited to the number of Affordable
Units required under this chapter as well as the unit type and Affordable Rent schedule or
Affordable Housing Cost as applicable for such units. •
.110 "Density Bonus Units."Residential units granted pursuant to the provisions of this
chapter that exceed the otherwise Maximum Allowable Residential Density for the development
site.
.120 "Development Standard." The development standards included in California
Government Code Section 65915(o)(1).
.130 "Disabled Veteran." Persons defined in Section 18541of the California
Government Code.
.140 "General Density Bonus." A Density Bonus that meets the requirements of Section
18.52.040 (General Density Bonus) of this chapter.
.150 "Homeless Persons." Persons as defined in the McKinney-Vento Homeless
Assistance Act(42 U.S.C. Sec. 11301 et seq.).
.160 "Housing Development." A Housing Development as defined in California
Government Code Section 65915(i).
.170 "Incentive." A modification to Development Standards in Title 18 (Zoning) that
contributes significantly to the economic feasibility of the construction of a Housing
Development with Affordable Units and/or a Childcare Facility.
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.180 "Irregular Lot." Land that is a legal lot of record,but does not meet the minimum
lot size, street frontage or dimensions required by Title 18 (Zoning).
.190 "Lot with Multiple Street Frontages." Land that is a legal lot of record with two or
more frontages along a public street or alley.
.200 "Lower Income Households." Households of lower income as defined in Section
50079.5 of the California Health and Safety Code.
.210 "Low Income Households."Households of low income as defined in Section 50093
of the California Health and Safety Code.
.220 "Lower Income Students." Students who have a household income and asset level
that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in
Section 69432.7 of the California Education Code. The eligibility of a student under this income
level shall be verified as specified in Section 65915(b)(1)(F)(II) of the California Government
Code.
.230 "Major Transit Stop."A transit stop as defined in Section 21064.3 of the California
Public Resources Code and shall also include major transit stops that are included in the applicable
regional transportation plan.
.240 "Maximum Allowable Residential Density." The maximum density allowed
according to the site's zoning or general plan land use designation, whichever is greater. If the
Housing Development is within a zoning classification other than residential, the "Maximum
Allowable Residential Density"shall be the same as that for the RM-4 Zone for rental projects and
the same as that for the RM-3 Zone for for-sale projects.
.250 "Moderate Income Households." Households of moderate income as defined in
Section 50093 of the California Health and Safety Code.
.260 "Parking Ratio." The minimum number of parking spaces required in accordance
with the provisions of Section 18.52.100 (Parking Ratios).
.270 "Professional Management." An apartment management company that has
sufficient experience, organizational stability and capacity to manage the Housing Development.
.280 "Senior Citizen Housing Development." A Housing Development for senior
citizens as defined in Sections 51.3 of the California Civil Code or a mobile home park that limits
residency based on age requirements for housing for older persons pursuant to Section 798.76 or
799.5 of the California Civil Code.
.290 "Specialized Housing Development." A Housing Development for Transitional
Foster Youth, Disabled Veterans, or Homeless Persons.
.300 "Transitional Foster Youth." Persons defined in Section 66025.9 of the California
Education Code.
.310 "Very Low Income Households." Households of very low income as defined in
Section 50105 of the California Health and Safety Code.
18.52.030 APPLICABILITY.
.010 Locations. This chapter shall apply citywide.
.020 Applicable Requests. The City shall grant a Density Bonus, Incentive and/or
Reduced Parking Ratio request(s)when the applicant meets the requirements of this chapter,unless
written findings are made in accordance with the provisions of Section 18.52.120 (Findings).
.030 General Requirements. All requests pursuant to this chapter shall be processed
pursuant to Section 18.52.110 (Application Review).
.040 Additional Affordability Requirements. Any affordability requirements identified
in this chapter shall be in addition to the requirements of Chapter 18.50 (Senior Citizens'
Apartment Projects).
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.050 Direct Financial Incentives. This chapter does not limit or require the provision
of direct financial incentives for any proposed development, including the provision of publicly
owned land, by the City, or the waiver of fees or dedication requirements.
18.52.040 GENERAL DENSITY BONUS.
.010 General. A Housing Development requesting a General Density Bonus, Incentives
and/or a Reduced Parking Ratios shall comply with the following requirements:
.0101 Minimum Project Size. The Housing Development, without the Density
Bonus, shall be a minimum of five(5)units.
.0102 Construction of Affordable Units. Affordable Units shall be constructed
concurrently with other units unless both the City and the applicant agree within the Housing
Incentives Agreement to an alternative schedule for development.
.0103 Rental Housing
.01 Length of Affordability. Affordable Units for Low and Very Low
Income Households shall remain restricted to an Affordable Rent for a period of fifty five(55)years
or a longer period of time if required by the construction or mortgage financing assistance program,
mortgage insurance program, rental subsidy program, or pursuant to the requirements for an
Affordable Rental Housing Development as specified in Section 18.52.080 (Affordable Rental
Housing Development).
.02 Rents. Rents for the lower-income Density Bonus Units shall be set
at an Affordable Rent except as provided in Subsection 18.52.040.030.0308 of this section.
.03 Professional Management.The Housing Incentive Agreement for all
rental Housing Development shall include a requirement for Professional Management to provide
for the continued maintenance of the property, including,but not limited to the following:
(a) For any Housing Development with 16 or more units, a full-
time, on-site resident manager shall be exclusively employed to manage the Housing
Development.
(b) Professional Management shall monitor the use of parking
spaces within the Housing Development to ensure that parking spaces are available, maintained
and used in accordance with the terms of the Housing Incentive Agreement.
(c) Professional Management shall ensure that the Housing
Development is maintained in a manner that is consistent with the standards of the Anaheim
Municipal Code.
(d) Professional Management shall ensure that first priority is
given to people who live or work in the City during the tenant selection process in accordance with
the terms of the Housing Incentive Agreement.
.0104 For-Sale Housing. An applicant for a Common Interest Development that
includes a Density Bonus shall ensure that the initial occupant of the Affordable Units are persons
and families of very low, low, or moderate income, as required, and that the Affordable Units are
offered at an Affordable Housing Cost.The City shall enforce an equity-sharing agreement,unless
it is in conflict with the requirements of another public funding source or law. The following shall
apply to the equity-sharing agreement:
.01 Upon resale, the seller of the unit shall retain the value of any
improvements, the down payment, and the seller' proportionate share of appreciation. The local
government shall recapture any initial subsidy, if applicable, and its proportionate share of
appreciation, which shall then be used within five years for any of the purposes described in
Section 33334.2(e) of the California Health and Safety Code that promote homeownership.
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.02 The city's initial subsidy, if applicable, shall be equal to the fair
market value of the home at the time of initial sale minus the initial sale price to the Very Low
Income Households, Low Income Household or Moderate Income Households, as applicable,plus
the amount of any down payment assistance or mortgage assistance. If upon resale the market
value is lower than the initial market value, then the value at the time of the resale shall be used as
the initial market value.
.03 The City's proportionate share of appreciation shall be equal to the
ratio of the initial subsidy, if any, to the fair market value of the home at the time of initial sale.
.04 The Housing Incentives Agreement shall include the provisions
required by Section 65916 of the California Government Code.
.020 Density Bonus Calculations. A Density Bonus shall be calculated as follows:
.0201 Percentage.The percentage of Affordable Units is the number of Affordable
Units divided by the total number of units in the Housing Development (without including any
Density Bonus Units granted pursuant to this chapter).
.0202 Number of Density Bonus Units. The number of units granted by the
Density Bonus is the applicable percentage set forth in Section 18:53.040.030 multiplied by the
total number of units in the Housing Development (without a Density Bonus).
.0203 Fractional Units.All Density Bonus calculations resulting in fractional units
shall be rounded up to the next whole number.
.030 Types of Affordable Units. The City shall approve a Density Bonus and provide
Incentives and/or a Reduced Parking Ratios, as described in this chapter, when an applicant for a
Housing Development seeks and agrees to construct a Housing Development that will contain at
least one of the following:
.0301 Very Low Income. A Housing Development in which at least five percent
(5%) of the total units of the Housing Development are Affordable Units to Very Low Income
Households, shall be eligible for a Density Bonus as shown in Table 52-A (Very Low Income
Density Bonus).
Table 52-A
VERY LOW INCOME DENSITY BONUS
Percentage Very Low Percentage Density Bonus
Income Units
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
.0302 Lower Income.A Housing Development in which at least ten percent(10%)
of the total units of the Housing Development are Affordable Units to Lower Income Households,
shall be eligible for a Density Bonus as shown in Table 52-B (Lower Income Density Bonus).
Table 52-B
LOWER INCOME DENSITY BONUS
Percentage Lower Income Percentage Density
Units Bonus
•
10 20
11 21.5
12 23
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Table 52-B
LOWER INCOME DENSITY BONUS
Percentage Lower Income Percentage Density
Units Bonus
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
.0303 Moderate Income. A Common Interest Development in which at least ten
percent (10%) of the total units are Affordable Units to Moderate Income Households, provided
that all units in the development are offered to the public for purchase, shall be eligible for a
Density Bonus as shown in Table 52-C (Moderate Income Density Bonus). Rental Housing
Developments targeted for Moderate Income Households are not eligible for a Density Bonus.
Table 52-C
MODERATE INCOME DENSITY BONUS
Percentage Moderate Percentage Density Bonus
Income Units
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26 •
32 27
33 28
34 29
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Table 52-C
MODERATE INCOME DENSITY BONUS
Percentage Moderate Percentage Density Bonus
Income Units
35 30
36 31
37 32
38 33
39 34
40 35
.0304 Senior Citizen Housing Development. A Senior Citizen Housing
Development shall be eligible for a twenty percent (20%) Density Bonus, unless otherwise
prohibited by state and/or federal law.
.0305 Specialized Housing Developments. A Housing Development for
Transitional Foster Youth, Disabled Veterans, or Homeless Persons, in which at least ten percent
(10%) of the total units are provided at the same affordability level as very low income units shall
be eligible for a twenty percent (20%) Density Bonus. Such Housing Developments shall be
subject to a recorded affordability restriction of 55 years,
.0306 Student Housing Developments. A Housing Development in which at least
twenty percent(20%)of the total units are for Lower Income Students shall be eligible for a thirty-
five percent(35%) Density Bonus, if all of the following requirements are met:
.01 The term "unit" as used in this subsection shall mean one (1) rental
bed and its pro rata share of associated common area facilities. The units described in this
subsection shall be subject to a recorded affordability restriction of 55 years.
.02 All units in the student Housing Development shall be used
exclusively for undergraduate,graduate,or professional students enrolled full time at an institution
of higher education accredited by the Western Association of Schools and Colleges or the
Accrediting Commission for Community and Junior Colleges. As a condition of receiving a
certificate of occupancy, the developer shall provide evidence to the City that the developer has
entered into an operating agreement or master lease with one or more institution(s) of higher
education, demonstrating that all units of the student Housing Development will be occupied with
students from that institution(s). If, in any subsequent year, there are not sufficient students
enrolled in such institution to fill all units in the student Housing Development, the required
operating agreement or master lease shall be deemed to be in.compliance.
.03 The rent provided in the applicable units shall be calculated at thirty
percent(30%) of sixty five percent(65%) of the area median income for a single-room occupancy
unit type.
.04 The development shall provide priority for the applicable
Affordable Units for Lower Income Students experiencing homelessness. A homeless service
provider, as defined in Section 103577 of the California Health and Safety Code, or institution of
higher education that has knowledge of a person's homeless status may verify a person's status as
homeless.
.0307 One Hundred Percent Affordable Housing Development. A Housing
Development in which one hundred percent (100%) of the total units, exclusive of a manager's
unit, are for Lower Income Households, except that up to twenty percent (20%) of the total units
may be for moderate-income households,shall be eligible for a Density Bonus of an eighty percent
(80%)of the total number of lower income units.Additionally,no maximum density controls shall
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be imposed if the Housing Development is located within one-half mile of a Major Transit Stop.
Such Housing Development shall comply with all of the following:
.01 The rent for at least twenty percent (20%) of the units in the
development shall be set at an Affordable Rent.
.02 The rent for the remaining units in the development shall be set at
an amount consistent with the maximum rent levels for a Housing Development that receives an
allocation of state or federal low-income housing tax credits from the California Tax Credit
Allocation Committee.
.0308 Redevelopment of Existing Dwelling Units. A Housing Development is
ineligible for a Density Bonus, Incentive, Reduced Parking Ratio or any other concessions under
this chapter if the Housing Development involves redevelopment of existing rental dwelling units,
or existing rental dwelling units that have been vacated or demolished in the five-year period
preceding the date of the Housing Incentive Application, that have been subject to a recorded
covenant, ordinance, law, or any other form of rent or price control that restricts rents to levels
affordable to persons and families of lower or very low income or that have been occupied by
Lower or Very Low Income Households, unless the proposed Housing Development replaces
those units and either of the following applies:
.01 The proposed Housing Development,inclusive of the units replaced,
contains Affordable Units at the percentages set forth in Section 18.52.040 (General Density
Bonus) of this chapter.
.02 Each unit in the development, exclusive of a manager's unit, is
affordable to, and occupied by, either a Lower or very low income household.
.03 Replacement Units. Dwelling units replaced under this subsection
shall comply with Section 65915(c)(3)(B) and (C) of California Government Code.
.040 Multiple Types of Affordable Units. If a Housing Development includes multiple
types of Affordable Units, the applicant shall choose a single type of Affordable Unit to calculate
the Density Bonus. Different types of Affordable Units may be combined as follows:
.0401 Very Low Income Units. Units that are affordable to Very Low Income
Households may be calculated according.to Table 52-B (Lower Income Density Bonus); or, if the
units are in a Common Interest Development, the units may be calculated according to Table 52-
C (Moderate Income Density Bonus).
.0402 Lower Income Units. Units that are affordable to Lower Income
Households and are in a Common Interest Development may be calculated according to Table 52-
C (Moderate Income Density Bonus); if the units are not affordable to Very Low Income
Households, they shall not be calculated according to Table 52-A (Very Low Income Density
Bonus).
.0403 Moderate Income Units. Units in a Common Interest Development that are
affordable to Moderate Income Households shall only be calculated according to Table 52-C
(Moderate Income Density Bonus).A Density Bonus is not applicable to rental units for Moderate
Income Households.
.050 Lesser Density Bonuses. In cases where the applicant requests a density increase
less than that identified in this section, no reduction will be allowed in the number of Affordable
Units required.
18.52.050 TRANSFER OF LAND.
.010 General. An applicant for a tentative subdivision map, parcel map, or other
residential development requesting a Density Bonus,Incentives and/or Reduced Parking Ratios by
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donating land to the City for the development of Affordable Units for Very Low Income
Households shall comply with the following requirements:
.0101 Minimum Site Requirements. The transferred land shall meet all of the
following minimum site requirements:
.01 The land shall be at least one (1) net acre or of sufficient size to
permit development of at least forty(40)units.
.02 The land shall be of sufficient size to permit construction of
Affordable Units for Very Low Income Households equal to or greater than ten percent (10%) of
the number of units proposed by the associated subdivision map, parcel map or residential
development approval. The number of Affordable Units shall be used to calculate the Density
Bonus pursuant to Subsection 18.52.050.020 (Density Bonus Calculations).
.03 The land shall have the appropriate zoning and general plan
designations to permit construction pursuant to .01 and .02 above.
.04 The land shall or will be served by adequate public facilities and
infrastructure.
.05 The land shall be within the boundary of the proposed development
or another suitable location subject to the approval of the Executive Director of Community and
Economic Development Department.
.0102 Permits and Approvals. No later than the date of approval of the final
subdivision map,parcel map, or of the residential development,the transferred land shall have all
of the permits and approvals, other than building permits, necessary for the development of the
Affordable Units for Very Low Income Households on the transferred land, except that the City
may subject the proposed development to subsequent design review, to the extent authorized by
subdivision (i) of Government Code Section 65583.2, if the design is not reviewed by the City
prior to the time of transfer.
.0103 Date of Transfer. The applicant shall donate and transfer land no later than
the date of approval of the final subdivision map, parcel map, or residential development
application.
.0104 Land Recipient. The land shall be transferred to the City or to a housing
developer approved by the Executive Director of Community and Economic Development
Department. The Executive Director may require the applicant to identify and transfer the land to
the developer.
.0105 Length of Affordability. The Affordable Units built on the transferred land
shall remain restricted to an Affordable Rent for Very Low Income Households for a period of at
least fifty-five (55) years, or a longer period of time if required by the construction or mortgage
financing assistance program, mortgage insurance program, or rental subsidy program except as
otherwise provided for by California Government Code Section 65915.
.020 Density Bonus Calculations. An application for a Density Bonus pursuant to this
subsection that meets the requirements of this chapter shall be eligible for a Density Bonus as
shown in Table 52-D (Transfer of Land Density Bonus).
.0201 Percentage. The percentage of Affordable Units (the first column in Table
52-D) is the number of Affordable Units that shall be built on the transferred land divided by the
total number of units in the proposed Housing Development(without a Density Bonus).
.0202 Number of Density Bonus Units. The number of units granted by the
Density Bonus is the percentage Density Bonus (the second column in Table 52-D)multiplied by
the total number of units in the Housing Development(without a Density Bonus).
.0203 Fractional Units. All Density Bonus calculations resulting in fractional
units shall be rounded up to the next whole number.
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Table 52-D
TRANSFER OF LAND DENSITY BONUS
Percentage Very Low Percentage Density Bonus
Income Units
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
.030 Lesser Density Bonuses. In cases where the applicant requests a density increase
less than that identified in this section, no reduction will be allowed in the number of Affordable
Units required.
.050 Combination. A Density Bonus pursuant to this section shall be in addition
to any increase in density mandated by Section 18.52.040 (General Density Bonus), up to a
maximum combined density increase of thirty-five percent (35%) if an applicant seeks both the
increase required pursuant to this section and Section 18.52.040 (General Density Bonus).
18.52.060 CONDOMINIUM CONVERSION.
.010 General. An application request for a Density Bonus, Incentives and/or Reduced
Parking Ratios processed in conjunction with a conditional use permit for a condominium
conversion shall comply with California Government Code Section 65915.5:
.0101 Density Bonus. Up to twenty-five percent (25%) over the number of
apartments otherwise permitted by Title 18 (Zoning), to be provided within the existing structure
or structures proposed for conversion.
.0102 Other Incentives of Equivalent Financial Value. For purposes of this
section, "other Incentives of equivalent financial value" shall not be construed to require the City
to provide cash transfer payments or other monetary compensation but may include the reduction
or waiver of requirements which the City might otherwise apply as conditions of conversion
approval.
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.020 Condominium Conversion Requirements. An application for a Density Bonus
pursuant to this section shall meet the following requirements:
.0201 Affordable Unit Options. Affordable Units shall be provided in accordance
with one of the following two options:
.01 Low or Moderate Income. At least thirty-three percent(33%) of the
total units of the proposed condominium project, including any units that are granted by a Density
Bonus, shall be Affordable Units to Low or Moderate Income Households, or
.02 Lower Income. At least fifteen percent (15%) of the total units of
the proposed condominium project, including any units that are granted by a Density Bonus, shall
be Affordable Units to Lower Income Households.
.0202 Pre-File Application. An applicant for approval to convert apartments to a
condominium project shall submit to the City a pre-file application pursuant to Chapter 18.60
(Procedures)prior to the submittal of any formal requests for subdivision map approvals.
.0203 Conditional Use Permit. An applicant for approval to convert apartments to
a condominium project shall submit a request for a conditional use permit pursuant to the
requirements of Section 18.38.100 (Condominium Conversions) and a Housing Incentives
Application pursuant to the requirements of this chapter.Nothing in this section shall be construed
to require the City to approve a proposal to convert apartments to a condominium project.
.0204 Ineligible Condominium Conversions. An applicant shall be ineligible for a
Density Bonus or other Incentives under this section if the apartments proposed for conversion
constitute a Housing Development for which a Density Bonus or other Incentives were already
provided under this chapter.
.030 Conditions of Approval. The City may place such reasonable conditions on the
granting of the Density Bonus or other Incentives pursuant to this section, as it finds appropriate,
including,but not limited to,conditions which assure continued affordability of units to subsequent
purchasers of Lower, Low and Moderate Income Households.
18.52.070 CHILDCARE FACILITIES.
.010 General. A Housing Development that conforms to the requirements of Section
18.52.040 (General Density Bonus) and includes a Childcare Facility that will be located on the
premises of, as part of, or adjacent to,the project, and meets the requirements of this section, shall
be eligible for either of the following:
.0101 Density Bonus. An additional Density Bonus that is an amount of square
feet of residential space that is equal to or greater than the amount of square feet in the Childcare
Facility; or
.0102 Incentive. An additional Incentive that contributes significantly to the
economic feasibility of the construction of the Childcare Facility.
.020 Childcare Facilities Requirements. An application for a Density Bonus pursuant to
this section shall meet the following requirements:
.0201 Operation. The Childcare Facility shall remain in operation for a period of
time that is as long or longer than the period of time during which the Affordable Units are required
to remain affordable pursuant to Section 18.52.040 (General Density Bonus).
.0202 Enrollment. Of the children who attend the Childcare Facility, the
percentage of children from Very Low Income Households, Lower Income Households, or
Moderate Income Households shall be equal to or greater than the percentage of Affordable Units
that are required for Very Low Income Households, Lower Income Households, or Moderate
Income Households pursuant to Section 18.52.040 (General Density Bonus).
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18.52.080 AFFORDABLE RENTAL HOUSING DEVELOPMENT.
.010 General. An Affordable Rental Housing Development that meets the requirements
of this section, at the request of the applicant, shall be granted all of the following:
.0101 Density Bonus. A thirty-five percent (35%) Density Bonus, unless written
findings are made in accordance with Section 18.52.120 (Findings).
.0102 Incentives. The allowed number of Incentives, as specified in Section
18.52.090 (Development Incentives).
.0103 Parking Ratios. The minimum parking requirements for an Affordable
Rental Housing Development pursuant to Section 18.52.100 (Parking Ratios).
.020 Affordable Rental Housing Development Requirements. An Affordable Rental
Housing Development shall meet the following requirements:
.0201 Minimum Site Size. The development site shall not be less than one(1)net
acre, provided that, notwithstanding the foregoing, the Planning Director, in his or her discretion,
may permit a project on a smaller development site upon a finding that the project can provide
enough units to be financially capable of supporting the cost of on-site Professional Management.
.0202 Zone. The development site shall be located in a residential zone and shall
comply with the standards of the respective zone unless otherwise set forth in this chapter.
.0203 Minimum Project Size. The Affordable Rental Housing Development shall
consist of not less than thirty six (36) units, provided that, notwithstanding the foregoing, the
Planning Director, in his or her discretion, may permit a project with fewer units to qualify as an
Affordable Rental Housing Development upon a finding that the project is financially capable of
supporting the cost of on-site Professional Management.
.0204 Affordable Units. A minimum of twenty percent(20%)of the total units in
the project or five(5)units,whichever is greater, shall be restricted to an Affordable Rent for Very
Low Income Households for not less than fifty-five (55) years. The Affordable Rent shall be
determined based on the household and unit size assumptions shown in Table 52-E (Affordable
Rental Housing Development Household and Unit Size Assumptions) unless the Housing
Development is subject to different assumptions imposed by other governmental regulations:
Table 52-E
AFFORDABLE RENTAL HOUSING
DEVELOPMENT HOUSEHOLD AND UNIT
SIZE ASSUMPTIONS
Unit Size Household Size
1 bedroom 2 persons
2 bedroom 3 persons
3 bedroom 4 persons
4 bedroom 5 persons
.0205 Occupancy. Occupancy of each unit in the Affordable Rental Housing
Development shall not exceed two (2)persons per bedroom plus one(1)person.
.0206 Professional Management. The Housing Incentive Agreement for the
Affordable Rental Housing Development shall include provisions that require Professional
Management for all of the units within the Affordable Rental Housing Development upon
completion of the Affordable Rental Housing Development and prior to occupancy,to provide for
the continued maintenance of the property, as specified in Subsection 18.52.040.010.0103.03.
.0207 Project Design. The design of the proposed Affordable Rental Housing
Development shall:
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.01 Be compatible with the scale and character of the existing
neighborhood and nearby land uses;
.02 Preserve the integrity and character of the property's zoning
designation and the General Plan; and
.03 Comply with the guidelines set forth in the Residential Design
Guidelines for Affordable Housing Development produced by the City of Anaheim, the Anaheim
Historic District Preservation Plan and any other applicable guidelines adopted by the City from
time to time. In the event of a conflict between any of these guidelines and this chapter, the
requirements of this chapter shall apply.
.04 The design, quality and appearance of the Affordable Units shall be
compatible with the design of the total Affordable Rental Housing Development.
.0208 Location of Affordable Units. Affordable Units should be built on-site
wherever possible and, when practical, be dispersed within the Affordable Rental Housing
Development. Circumstances may arise in which the public interest would be served by allowing
some or all of the Affordable Units associated with the Affordable Rental Housing Development
to be produced and operated at an.alternative development site. Where the applicant and the City
form such an agreement,the resulting linked developments shall be considered a single Affordable
Rental Housing Development for purposes of this chapter. Under these circumstances, the
applicant shall be subject to the same requirements of this chapter for the Affordable Units to be
provided on the alternative site.
18.52.090 DEVELOPMENT INCENTIVES.
.010 General. The City shall grant the number of Incentives as indicated in Table 52-F
below,unless written findings are made in accordance with Section 18.52.120(Findings),with the
exception of Tier One Incentives for an Affordable Rental Housing Development, which are not
subject to discretionary review or denial.The City reserves the right to allow additional Incentives.
.0101 Density Bonus. An applicant that meets the requirements for a Density
Bonus, as specified in Sections 18.52.040 (General Density Bonus), 18.52.050 (Transfer of Land)
or 18.52.060(Condominium Conversion) shall as a minimum be granted the number of Incentives
identified in Table 52-F (Number of Incentives by Level of Affordability). An applicant that
proposes a Childcare Facility that meets the requirements specified in 18.52.070 (Childcare
Facilities) shall be granted one(1) additional Incentive.
Table 52-F
NUMBER OF INCENTIVES BY LEVEL OF AFFORDABILITY
Level of Percentage of Affordable Number of Development
Affordability Units Incentives*
Very Low Income At Least 5% 1
At Least 10% 2
At Least 15% 3
100% (up to 20% can be All Tier One Incentives plus
moderate income)** up to 3 Tier Two Incentives
Lower Income At Least 10% 1
At Least 20% 2
At Least 30% 3
100% (up to 20% can be All Tier One Incentives plus
moderate income)** up to 3 Tier Two Incentives
At Least 10% 1
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Table 52-F
NUMBER OF INCENTIVES BY LEVEL OF AFFORDABILITY
Level of Percentage of Affordable Number of Development
Affordability Units Incentives*
Moderate Income At Least 20% 2
(Common Interest At Least 30% 3
Developments only)
*An additional Incentive may be granted if the applicant is proposing a Childcare
Facility per the requirements of Section 18.52.070 (Childcare Facilities).
**If housing project is located within one-half mile of a Major Transit Stop, the
project shall also receive a height increase of up to three additional stories, or 33
feet. The allowed height increase under this section shall not be counted towards
the allowed number of Incentives.
.0102 Affordable Rental Housing Development. An applicant that meets the
requirements for an Affordable Rental Housing Development, as specified in Section 18.52.080
(Affordable Rental Housing Development), shall be granted the following number of Incentives:
.01. Tier One Incentives. Any and all Tier One Incentives, as specified
in this subsection. These Incentives shall not count towards the minimum number of Incentives
granted or be subject to discretionary review or denial.
.02. Tier Two Incentives. Three Tier Two Incentives, unless written
findings are made in accordance with Section 18.52.120 (Findings).
.020 Equivalent Financial Incentive. The City may offer an equivalent financial
incentive in lieu of granting a Density Bonus and an additional Incentive(s). The value of the
equivalent financial incentive shall equal at least the land cost per dwelling unit savings that would
result from the Density Bonus and additional Incentive, as supported by an independent analysis
of the applicant's property, and must contribute significantly to the economic feasibility of
providing the Affordable Units pursuant to this chapter.
.030 Tier One Incentives. The following Incentives shall be granted through the
ministerial review procedures defined in Section 18.52.110 (Application Review):
.0301 Site Coverage. The maximum allowable site coverage may be increased to
ninety percent(90%)for any fully subterranean garage and to sixty-five percent(65%)for all other
structures.
.0302 .Minimum Tree Size. The minimum tree size of fifty percent (50%) of the
required trees may be decreased from the required twenty four(24) inch box size to a fifteen(15)
gallon size.
.0303 Irregular Lot. An applicant for a Housing Development sited on an Irregular
Lot may request a ten percent(10%) deviation of the structural setbacks requirements specified in
Section 18.06.090 (Structural Setbacks) of Chapter 18.06 (Multiple-Family Residential Zones).
Multiple requests pursuant to this subsection shall only be counted as one (1) Incentive towards
the number of Incentives granted as specified in Subsection 18.52.090.010 (General).
.0304 Lot with Multiple Street Frontages. An applicant for a Housing
Development on a Lot with Multiple Street Frontages may request a reduced landscape setback of
not less than fifteen (15) feet in depth along any arterial highway, measured from the planned
highway right-of-way line, as indicated in the Circulation Element of the General Plan and a
reduced landscaped setback of not less than ten (10) feet in depth on all other streets. Multiple
requests pursuant to this subsection shall only be counted as one(1) Incentive towards the number
of Tier One Incentives permitted under Subsection 18.52.090.010 (General).
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.0305 Maximum Building Height. An increase in the maximum allowable
building height and/or stories up to four (4) stories when such structure is located more than one
hundred fifty (150) feet from any single-family residential zone boundary or Mobilehome Park
(MHP) Overlay Zone. Approval of this Incentive shall substitute for any requirement for a
conditional use permit to allow building heights up to four(4) stories.
.0306 Interior Lot Line Setbacks. The required interior lot line setback may be
reduced in conformance with Table 52-G (Setbacks from Interior Property Lines) below. A
minimum five(5)-foot wide landscaped setback shall be provided.For purposes of this subsection,
minimum interior setbacks shall be determined independently for each story of the structure. Each
setback reduction shall be counted as one(1)Incentive towards the number of Tier One Incentives
permitted under Subsection 18.52.090.010 (General). Building wall types are defined as follows:
.01 Primary. Building walls that contain entrances and exits and/or
windows opening into living spaces where most activity occurs, such as dining rooms, living
rooms, family rooms, kitchens and bedrooms. Building walls with balconies are also included.
.02 Secondary. Building walls that contain windows opening into
bathrooms, closets, stairwells and corridors.
.03 Blank. Building walls with no window openings or points of access.
Table 52-G
SETBACKS FROM INTERIOR PROPERTY LINES
Adjacent to a Single- Adjacent to all
Family Residential Other Zones
Zone
Two-Story Structures
Primary Wall 30 feet 10 feet
Secondary or Blank Wall 15 feet 10 feet
Three-Story Structures
Primary Wall 35 feet 15 feet
Secondary or Blank Wall 20 feet 10 feet
Four-Story Structures*
Primary Wall 55 feet 15 feet
Secondary or Blank Wall 45 feet 10 feet
* The reduced interior lot line setback is a Tier One Incentive; an increase
in the maximum allowable building height up to four(4) stories is a
separate Incentive.
.0307 Setbacks Between Buildings. The required building separation setback may
be reduced in conformance with Table 52-H(Setbacks Between Buildings). If a building is parallel
to another building of a different height, the setback for each wall as shown in the following table
shall be halved for each building, and then combined to determine the total setback between the
buildings. Each setback reduction shall be counted as one(1)Incentive towards the number of Tier
One Incentives permitted under Section 18.52.090.010(General). Building wall types are defined
as follows:
.01 Primary. Building walls that contain entrances and exits and/or
windows opening into living spaces where most activity occurs, such as dining rooms, living
rooms, family rooms, kitchens and bedrooms. Building walls with balconies are also included.
.02 Secondary. Building walls that contain windows opening into
bathrooms, closets, stairwells and corridors.
.03 Blank. Building walls with no window openings or points of access.
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Table 52-H
SETBACKS BETWEEN BUILDINGS
Two-Story Structures
Wall Type Primary Secondary Blank
Primary 25 feet 10 feet 10 feet
Secondary 10 feet 10 feet 10 feet
Blank 10 feet 10 feet 10 feet
Three-Story Structures
Primary Secondary Blank
Primary 35 feet 10 feet 10 feet
Secondary 10 feet 10 feet 10 feet
Blank 10 feet 10 feet 10 feet
Four-Story Structures*
Primary Secondary Blank
Primary 45 feet 30 feet 20 feet
Secondary 30 feet 25 feet 20 feet
Blank 20 feet 20 feet 20 feet
*The reduced setback between buildings is a Tier One Incentive; an
increase in the maximum allowable building height up to four(4)
stories is a separate Incentive.
.0308 Accessory Uses with Community Benefit. A Housing Development that
meets the requirements of Section 18.52.080 (Affordable Rental Housing Development) or
Subsection 18.52.040.030.0307 of this chapter may include non-residential accessory use(s) that
provide necessary services and benefits to the residents of the Housing Development and the
surrounding community. Such accessory uses may include medical, educational,professional,and
personal services, or any other uses deemed appropriate by the Community and Economic
Development Director, which are available to the residents of the Housing Development and
surrounding community. Prior to granting of this Incentive, an operations plan and/or agreement
shall be submitted for review and approval by the Community and Economic Development
Director to ensure that the accessory use does not impact the surrounding community and that the
accessory use is operated as an ancillary component of the primary residential use.
.040 Tier Two Incentives. The following Incentives shall be granted through the public
hearing review procedures defined in Section 18.52.110 (Application Review):
.0401 Right-of-Way. A reduction of public right-of-way dedication or
improvements.
.0402 Maximum Building Height. An increase in the maximum allowable
building height and/or stories up to four (4) stories maximum height. Approval of this Incentive
shall substitute for any requirement for a conditional use permit to allow building heights up to
four(4) stories.
.0403 Mixed Use Zone. Approval of mixed-use zoning in conjunction with a
Housing Development subject to the following requirements:
.01 The commercial,office,industrial,or other land uses will reduce the
cost of the Housing Development.
.02 The commercial, office, industrial, or other land uses are
compatible with the Housing Development and the existing or planned development in the area
where the proposed Housing Development will be located.
.03 The request is in conjunction with any required applications for a
zoning reclassification and/or General Plan amendment for a mixed-use designation.
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.0404 Any Other Development Standard. Any other relief from a Development
Standard proposed by the applicant or the City that will result in identifiable and actual cost
reductions or avoidance. Each request for relief under this subsection shall be counted as one (1)
Incentive towards the number of Tier Two Incentives allowed under Subsection 18.52.090.010
(General).
.050 Modification of an Approved Incentive. If an applicant has been granted an
Incentive and the proposed plans for the Housing Development are revised and the revised plans
require modification of the approved Incentive, the Planning Director may approve such
modification unless written findings are made in accordance with Section 18.52.120 (Findings).
If the Planning Director determines that the request constitutes a substantial modification or a
request for a new Incentive, the request shall be processed pursuant to Section 18.52.110
(Application Review).
18.52.100 PARKING RATIOS.
.010 Applicable Parking Ratios. An applicant for a Housing Development that meets
the criteria for either a Density Bonus or an Affordable Rental Housing Development, at the
applicant's request,may utilize the related Parking Ratios shown in Table 52-I (Reduced Parking
Ratios). These Parking Ratios include handicapped and guest parking.
Table 52-I
REDUCED PARKING RATIOS
Total Number Minimum Number of Required Parking Spaces per
of Bedrooms Unit
Density Bonus Affordable Rental Housing
Housing Development Development* and 100%
Affordable Housing
Development
Studio unit 1 1
1-bedroom 1 1
2-bedrooms 2 1.5
3-bedrooms 2 2
4 or more 2.5 2
bedrooms
*Implementation of the Affordable Rental Housing Development Parking
Ratio shall be subject to a limitation on the number of vehicles permitted,
equal to the number of parking spaces provided. Parking spaces shall be used
only for parking operable vehicles. Such limitations shall remain in full force
and effect for so long as the Affordable Rental Housing Development is
maintained as multiple-family housing, or until the Housing Incentive
Agreement is terminated by the City.
.020 Additional Reduction in Parking Ratios. At the applicant's request, the following
Housing Developments may utilize related additionally reduced Parking Ratios shown in Table
52-J (Additionally Reduced Parking Ratios), inclusive of handicapped and guest parking, as
follows:
Table 52-J
ADDITIONALLY REDUCED PARKING RATIOS
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Type of Density Bonus Housing Minimum Number Special Provisions
Development of Required Parking
Spaces
Rental and for-sale Housing 0.5 per bedroom Must be located within one-half
Developments with minimum mile from a Major Transit Stop
11%very low income or 20% and have an unobstructed access
low income units to that Major Transit Stop
Rental Housing Developments 0.5 per unit Must be located within one-half
with 100% of units for lower mile from a Major Transit Stop
income families, exclusive of a and have an unobstructed access
manager's unit(s) to that Major Transit Stop
Rental Housing Developments 0.5 per unit Must have either a paratransit
with 100% of units for lower service or an unobstructed access
income individuals who are 62 to a fixed bus route service that
years of age or older that operates at least eight times a day
complies with Sections 51.2 and within one-half mile from the
51.3 of the Civil Code, exclusive development
of a manager's unit(s)
Special Needs Housing No minimum number Must have either a paratransit
Developments as defined in of parking space service or an unobstructed access
Section 51312 of the Health and required to a fixed bus route service that
Safety Code or Supportive operates at least eight times a day
Housing Developments, as within one-half mile from the
defined in Section 50675.14 of development
the California Health and Safety
Code, in which 100% of units are
rental units for lower income
families, exclusive of a manager's
unit(s)
.030 Fractional Spaces. If the total number of parking spaces required is not a whole
number,the number shall be rounded up to the next whole number.
.040 Tandem, Uncovered and On-Street Parking. For purposes of this subsection, a
development may provide onsite parking through tandem parking or uncovered parking, but not
through parking on public streets or alleys.
.050 Development Incentives. The Parking Ratios offered in this section shall not count
as one of the Incentives applicants are entitled to under Section 18.52.090 (Development
Incentives). An applicant may request a further reduction in the minimum number of parking
spaces required by this section as a Tier Two Incentive,subject to Section 18.52.090(Development
Incentives).
18.52.110 APPLICATION REVIEW.
.010 Review. Any request pursuant to this chapter shall be processed concurrently with
any other application(s) required for the Housing Development, including any that include
discretionary land use decisions. The granting of a Density Bonus or Incentive pursuant to this
chapter is a ministerial review and shall not be interpreted, in and of itself, to require a General
Plan amendment, zoning reclassification, or other discretionary approval. Final determination of
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conformance with the requirements of this chapter(with right of appeal to the City Council) shall
be made as follows:
.0101 Planning Director Review. The Planning Director is the review authority
for all requests pursuant to this chapter, except Tier Two Incentives, as specified in Section
18.52.090 (Development Incentives), and requests for direct financial assistance.
.0102 Planning Commission Review. The Planning Commission is the review
authority for all Tier Two Incentives, as specified in 18.52.090 (Development Incentives).
Planning Commission review shall be at a public hearing held in accordance with the procedures
set forth for public hearings in Chapter 18.60 (Procedures). The Planning Commission shall make
a determination as to the developer's compliance with this chapter.
.0103 City Council Review. The City Council is the review authority for all
requests for direct financial assistance. City Council review shall be at a public hearing held in
accordance with the procedures set forth for public hearings in Chapter 18.60 (Procedures).
.020 Joint Pre-Application Conference with staff from Planning and Building and
Community and Economic Development Departments. Applicants for a request pursuant to this
chapter shall schedule a joint pre-application conference with, and such conference shall be
granted by, the Community and Economic Development Department to discuss and identify
potential application issues, including any additional Incentives requested pursuant to Section
18.52.090 (Development Incentives). No charge will be required for the pre-application
conference.
.030 (Reserved).
.040 Housing Incentives Application. The record owner or owners of each property
comprising the proposed Housing Development site shall file a completed Housing Incentives
Application with the Planning and Building Department as stipulated in the application on forms
prescribed by the Planning Director. Applications shall include all required information and
identified materials, including but not be limited to, the following:
.0401 Project Description. A brief description of the proposed Housing
Development, including the total number of units; Affordable Units, including the proposed level
of affordability; and Density Bonus Units.
.0402 Density Bonus. The type of Density Bonus applied for as described in
Sections 18.52.040 (General Density Bonus), 18.52.050 (Transfer of Land), 18.52.060
(Condominium Conversion), 18.52.070 (Childcare Facilities), and 18.52.080 (Affordable Rental
Housing Development).
.0403 Development Incentives. A list and, as applicable, plans (site plan,
elevations, etc.) indicating the Incentives requested.
.0404 Parking Ratios. A site plan indicating the proposed location and number of
parking spaces.
.0405 Documentation. Documentation establishing eligibility for a requested
Density Bonus, Incentives and/or Reduced Parking Ratios. Such documentation shall include
information satisfactory to the Planning Director, the Executive Director of the Community and
Economic Development Department and/or the City Council that the Density Bonus, Incentives
and/or Reduced Parking Ratios results in an identifiable and actual cost reduction to provide for
an Affordable Housing Cost or for rents for the targeted units to be set as specified in California
Government Code Section 65915(c).
.0406 Environmental Documentation. The applicant shall provide documentation
to the satisfaction of the Planning Director,Planning Commission, or City Council, as applicable,
that the proposed project has no specific, adverse impact upon health, safety, or the physical
environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact unless a statement of overriding consideration is adopted pursuant to California
20
Environmental Quality Act Guidelines, and that there are no adverse impacts to any real property
that is listed in the California Register of Historical Resources.
.0407 Housing Incentives Memorandum. An executed memorandum of
understanding in such form as is reasonably satisfactory to the City acknowledging the basic terms
of the Housing Incentive Agreement, including the number of Affordable Units required under
this chapter, as well as the unit type and Affordable Rent or Affordable Housing Cost, as
applicable, for such units. Approval of such memorandum by the Community and Economic
Development Department shall be a prerequisite to the Planning and Building Department or
Planning Commission undertaking final action on the application. Rough grading and building
permits shall not be issued until such time that the Housing Incentive Memorandum has been
executed and the Housing Incentive Agreement has been recorded.
.0408 Additional Information. Any other information as may be required by the
Planning and Building and/or Community and Economic Development Departments.
.0409 Fees. Applications not initiated by the City or the City's Housing Authority
shall be accompanied by a filing fee as set forth in Chapter 18.80 (Fees).
.050 Determination of Application Completeness. All applications submitted to the
Planning and Building Department will be processed to determine their completeness in
accordance with Section 18.60.050 (Determination of Application Completeness) of Chapter
18.60 (Procedures). If after the initial review period, the application is deemed complete, City
staff shall continue to process the request. If the application is incomplete, the applicant shall be
informed in writing that additional specified information must be provided.
.060 Modification of Application. An application may be modified by the applicant.
Any prior finding of application completeness may be voided by submittal of a modification.
Depending on the type and substance of the modification, the modified application may be
distributed again for review and may require payment of a supplemental application fee.
.070 Project Review. Applications shall be reviewed by both the Planning and Building
and the Community and Economic Development Departments for compliance with the provisions
of this chapter, including affordability and design requirements. Applications shall be reviewed
by other City departments where appropriate. Such review shall include a review of compliance
with this chapter and other City codes. The Community and Economic Development Department
and/or the Planning and Building Department may make a recommendation to the approval
authority regarding any additional, alternative or equivalent financial Incentives.
.080 Additional or Alternative Incentives. The Planning and Building Department shall
inform the applicant if additional,alternative or modified Incentives pursuant to Section 18.52.090
(Development Incentives) will be recommended for consideration in lieu of or in addition to the
requested Incentives or that the Incentives requested by the applicant are not appropriate or needed
for the proposed Housing Development. If alternative or modified Incentives are recommended,
the recommendation shall establish how the Incentives can be expected to have an equivalent
affordability effect as the Incentives requested by the applicant.
.090 Conditions of Approval. Conditions of approval may be utilized for the following:
.0901 Condominium Conversion Density Bonus. If the applicant has applied for
a Density Bonus or Incentive related to a conditional use permit for a condominium conversion,
pursuant to Section 18.52.060 (Condominium Conversion), the City may place such reasonable
conditions on the granting of the Density Bonus or Incentive(s) as it finds appropriate, including,
but not limited to, conditions which assure continued affordability of the units to subsequent
purchasers who are Lower, Low or Moderate Income Households.
.0902 Childcare Facilities. If the applicant has applied for a Density Bonus or
Incentive related to the provision of a Childcare Facility,pursuant to Section 18.52.070 (Childcare
21
Facilities),then, as a condition of approval of the Housing Development, the applicant shall agree
to the following:
.01 Operation. The Childcare Facility shall remain in operation for a
period of time that is as long as or longer than the period of time during which the Affordable
Units are required to remain affordable pursuant to Section 18.52.040 (General Density Bonus).
.02 Enrollment. Of the children who attend the Childcare Facility, the
percentage of children from Very Low Income Households, Lower Income Households, or
Moderate Income Households shall be equal to or greater than the percentage of Affordable Units
that are required for Very Low Income Households, Lower Income Households, or Moderate
Income Households pursuant to Section 18.52.040 (General Density Bonus).
18.52.120 FINDINGS.
.010 Density Bonus and Incentives. The City shall approve the request for a Density
Bonus and/or Incentives pursuant to Section 18.52.040 (General Density Bonus), 18.52.050
(Transfer of Land), 18.52.060 (Condominium Conversion), 18.52.080 (Affordable Multiple
Family Residential Development); or, 18.52.090 (Development Incentives), unless it makes a
written finding,based upon substantial evidence, of either of the following:
.0101 That the Density Bonus, Incentives or Reduced Parking Ratio does not
result in identifiable and actual cost reductions to provide for an Affordable Housing Cost or for
rents for the targeted units to be set as specified in California Government Code Section 65915(c);
or
.0102 That the Density Bonus or Incentive would have a specific adverse impact
upon public health and safety or on the physical environment, or on any real property that is listed
in the California Register of Historical Resources, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without rendering the development
unaffordable to Very Low, Low, Lower, or Moderate Income Households.
.020 Childcare Facilities. The City shall approve the request for additional Density
Bonus or Incentive for the provision of a Childcare Facility, -as specified in Section 18.52.070
(Childcare Facilities),unless it makes the written findings set forth in Sections 18.52.120.0101 and
18.52.120.0102 and the following additional finding,based upon substantial evidence:
.0201 That the community has adequate Childcare Facilities.
.030 Tier one Incentives for an Affordable Rental Housing Development are not subject
to discretionary review or denial,pursuant to 18.52.080(Affordable Rental Housing Development)
and 18.52.090 (Development Incentives), and do not require written findings.
18.52.130 NOTICE OF APPROVAL OR DENIAL.
.010 Written Notification. Not later than ten (10) days after the approval or denial of a
Housing Incentive Application, the Planning and Building Department shall prepare and mail to
the applicant and property owner a formal written notice of the action.
.020 Written Findings. If the Planning Director or Planning Commission makes any of
the findings set forth in Section 18.52.120 (Findings), the written finding(s) shall be provided to
the applicant in or with the written notice.
.030 Effective Date. Notwithstanding the foregoing,approval shall not be effective until
applicant executes a Housing Incentive Agreements in accordance with Section 18.52.150
(Housing Incentive Agreement).
18.52.140 APPEALS.
22
The procedures for appeals related to a Housing Incentive Applications shall follow those
set forth in Sections 18.60.130 (Appeals—Planning Commission Decisions), 18.60.135 (Appeals
—Planning Director Decisions), and 18.60.140 (Appeal Authority).
18.52.150 TIME TO EXERCISE ENTITLEMENT.
The approved term to obtain building permits, thereby exercising the entitlement for a
Density Bonus or Incentive(s), shall be two (2) years from the date of approval. Such time
limitation maybe extended in the same manner as the extension of time to comply with conditions
of approval as set forth in Section 18.60.170 (Extension of Time to Comply with Conditions of
Approval). The Planning Director shall be the approval authority for time extensions.
18.52.160 HOUSING INCENTIVES AGREEMENT.
.010 Agreement Required. Applicants utilizing this chapter shall enter into a Housing
Incentives Agreement with the City in accordance with this chapter and in a form and substance
acceptable to the City. The terms of the agreement shall be reviewed,revised and approved by the
Community and Economic Development Department.
.020 Compliance with this Chapter. The Housing Incentives Agreement shall require
continued compliance with the requirements of this chapter and, if applicable, the provisions
required by Section 65916 of the California Government Code.
.030 Recordation. Following execution of the Housing Incentives Agreement by all
parties, the completed agreement, or; if required by the Housing Incentives Agreement, a
declaration of covenants, conditions and restrictions,shall be recorded as a restriction on the parcel
or parcels designated for the construction of the Affordable Units. The recordation shall take place
prior to final map approval, or,where a map is not being processed,prior to issuance of any rough
grading and building permits, with the exception of demolition permits for such parcels or units.
The Housing Incentives Agreement shall be binding on the developer of the Housing Development
and all future owners and successors in interest thereof.
.040 Affordable Rental Housing Development. The Housing Incentives Agreement for
an Affordable Rental Housing Development, pursuant to the requirements of Section 18.52.080
(Affordable Rental Housing Development), shall include,but not be limited to, the following:
.0401 Third Party Beneficiaries.The Anaheim Housing Authority shall be a third-
party beneficiary of the Housing Incentives Agreement;
.0402 Number of Units. The total number of units approved for the Affordable
Rental Housing Development, including the number of Affordable Units;
.0403 Unit Descriptions. The location, unit sizes (square feet), and number of
bedrooms of each of the Affordable Units;
.0404 Affordable Rent. The standards for determining the affordable rent for each
Affordable Unit;
.0405 Term. A term of at least fifty five (55) years;
.0406 Density Bonus, Development Incentives and Parking Ratio. A description
of any Density Bonus, development Incentive(s), and Parking Ratio,being provided by the City;
.0407 Parking Management Plan. If the Affordable Rental Housing Development
utilizes a Parking Ratio pursuant to Section 18.52.100 (Parking Ratios), a plan for parking
management, which shall include a map depicting which parking spaces are reserved and which
are not and shall include procedures for removal of inoperable vehicles and a limitation on the
aggregate number of vehicles permitted in the Affordable Rental Housing Development;
23
.0408 Occupancy. Occupancy of each unit in the Housing Development shall not
exceed two (2)persons per bedroom,plus one;
.0409 Marketing and Tenant Selection Plan.A marketing and tenant selection plan
as provided by the Community and Economic Development Department, which shall include the
obligation of the owner to provide first priority to people who live or work in the City to rent the
Affordable Units to the extent permitted by law and the obligation to provide the Anaheim Housing
Authority, at initial lease-up, with a sixty (60) day priority to refer rental applicants under its
Section 8 Housing Choice Vouchers Waiting List and its Affordable Housing Waiting List,to the
extent permitted by law;
.0410 Management Plan. The obligation of the owner to comply with an
acceptable written management plan to the Executive Director of the Community and Economic
Development Department setting forth the owner's policies and procedures for renting,managing,
maintaining and operating the Affordable Rental Housing Development to assure a healthy and
secure living environment for the residents,which is consistent with reasonable business practices
and property management standards established in Orange County, California, and which shall be
attached to the agreement;
.0411 Breach of Agreement. A description of remedies for breach of the
agreement by either party (the City may identify tenants as third party beneficiaries under the
agreement); and
.0412 Other Provisions. Other provisions to ensure implementation and
compliance with this chapter,matters addressed in the application, and the agreement.
.050 Direct Financial Contribution. Where there is a direct financial contribution to a
Housing Development pursuant to this chapter through participation in cost of infrastructure,
write-down of land costs, or subsidizing the cost of construction, the City shall assure continued
availability of Affordable Units for up to a minimum of fifty-five (55) years. When appropriate,
the Housing Incentives Agreement shall specify the mechanisms and procedures necessary to carry
out this requirement.
18.52.170 CONFLICTS WITH OTHER LAWS.
.010 Nothing contained in this chapter shall be deemed to prohibit occupancy by any
person of any dwelling unit in an affordable housing 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.
.020 In the event that the provisions of Chapter 4.3 Section 65915 et. seq. of the
California Government Code are repealed or changed, the Density Bonus, Parking Ratios and
Incentives for Affordable Rental Housing Development as specified in Section 18.52.080
(Affordable Rental Housing Development) shall continue to apply.
18.52.180 PENALTY FOR VIOLATIONS.
It shall be unlawful for any person to occupy, or for any owner,operator or manager of any
affordable housing project to permit the occupancy of, any dwelling unit within an affordable
housing 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(Violations of Code-Penalty)
of Chapter 1.01 (Code Adoption and Construction). 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
24
remedies, at law or in equity,which are otherwise available to the City of Anaheim to remedy such
violations.
Alternatively, any violation of this Chapter may be enforced by the City, the City's Police
Department or an enforcement officer in accordance with the procedures set forth in Chapter
1.20 (Civil Citations) of this code,relating to the issuance of citations, imposing of administrative
fines, right to appeal, and the right to an administrative hearing and shall be subject to the
imposition and payment of administrative fine(s).
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that shouldany section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination of any such portion as may be declared invalid. If any
section, subdivision,paragraph, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance, .and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one(or more) section, subdivision,paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION 3. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be
printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of
general circulation,published and circulated in the City of Anaheim.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty(30) days from and after its final
passage.
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THE FOREGOING ORDNANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 23 day of June ,2020, and thereafter passed and
adopted at a regular meeting of said City Council held on the 1 4 day of July 2020,
by the following roll call vote:
AYES:Mayor Sidhu and Council Members Faessel, Barnes, Brandman,
Moreno, and O'Neil
NOES:Council Member Kring
ABSENT:None
ABSTAIN: None
CITY 0. ANAHEIM
By: A1AgL1 I Ad, . �'/ _
► • ` 0 . i„ rJ E II •F AHEIM
ATTEST: I
C -
r
CITY CLERK 0 HE CITY OF ANAHEIM
137533/LM
26
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No.6489 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 23rd day of June, 2020, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 14th day of July, 2020, by the following vote of
the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman,
Moreno, and O'Neil
NOES: Council Member Kring
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of July, 2020.
CITY CLER ' OF THE CITY OF ANAHEIM
(SEAL)
Anaheim Bulletin PROOF OF PUBLICATION
2190 S. Towne Centre Place Suite 100
Anaheim, CA 92806 Legal No. 0011398305
714-796-2209 SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO.6489
AN ORDINANCE OF THE CITY OF ANA-
HEIM AMENDING CHAPTER 18.52(DENSI-
TY BONUSES) OF TITLE 18 (ZONING) OF
5190168 THE ANAHEIM MUNICIPAL CODE AND
FINDING AND DETERMINING THAT
THIS ORDINANCE IS EXEMPT FROM
THE REQUIREMENTS TO PREPARE AD-
DITIONALDOCUMEN-
ANAHEIM,CITY OF/CLERKS OFF TATION PERVICALIFORNIIA IO -
200 SANAHEIM BLVD STE 217 MENTAL QUALITY ACT (CEQA) GUIDE-
LINES, SECTIONS 15060(C)(2) AND
ANAHEIM, CA 92805-3820 15060(C)(3) BECAUSE IT WILL NOT RE-
SULT IN A DIRECT OR REASONABLY
FORESSEABLE INDIRECT PHYSICAL
CHANGE IN THE ENVIRONMENT AND IT
IS NOT A PROJECT, AS DEFINED IN SEC-
TION 15378 OF THE CEQA GUIDELINES.
This ordinance amends various and numerous provi-
sions of Chapter 18.52 (DensityBonuses) of Title 18
FILE NO. ORD-6489 (Zoning) of the Anaheim Municipal Code to replicate
State's Density Bonus Law, which was enacted to in-
crease the State's affordable housing supply. Ordi-
AFFIDAVIT OF PUBLICATION nance No. 6489expands the list of proiects eligible for
housing incentives, identifies ineligible proiects, im-
plements a reduction in parking requirements consis-
tent with State law, provides a new incentive for com-
STATE OF CALIFORNIA, munity serving accessory uses, allows additional in-
centives for housing proiects that meet certain trite-
SS. ria,and improves clarity and consistency of terms and
definitions.
County of Orange
I, Theresa Bass, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is a summary of Or-
dinance No.6489,which ordinance was introduced at a
regular meeting of the City Council of the City of Ana-
heim on the 23rd day of June,2020 and was duly passed
and adopted at a regular meeting of said Council on
I am a citizen of the United States and a resident of the the 14th day of July, 2020 by the following roll call vote
County aforesaid: I am over the age of eighteen years,and of the members thereof:
not a party to or interested in the above-entitled matter. I AYES: Barnes,SB andman,Morena,anbdO'Neessel,
am the principal clerk of the Anaheim Bulletin, a NOES: Council Member Kring
newspaper that has been adjudged to be a newspaper of ABSENT: None
general circulation by the Superior Court of the County of ABSTAIN: None
Orange, State of California, on December 28, 1951, Case The above summary is a brief description of the sub
No. A-21021 in and for the City of Anaheim, County of iect matter contained in the text of Ordinance No.6489,
which has been prepared pursuant to Section 512 of the
Orange, State of California: that the notice, of which the Charter of the City of Anaheim. This,summary does
ordi-
annexed is a true printed copy, has beenpublished in not include or describe every provision of the nance and should not be relied on as a substitute for
each regular and entire issue of said newspaper and not in the full text of the ordinance.
any supplement thereof on the following dates, to wit: To obtain a copy of the full text of the ordinance,
please contact the Office of the City Clerk, (714) 765-
5166, between 8:00 AM and 5:00 PM, Monday through
07/23/2020 Friday. There is no charge for the copy.
138451/LM
Published Anaheim Bulletin July 23,2020
11398305
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 Anaheim, Orange County, California, on
Date: July 23, 2020.
krciatulery..._
Signature
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original Ordinance No. 6489 and was published in the Anaheim Bulletin on the 231d day
of July, 2020, pursuant to Section 512 of the City Charter of the City of Anaheim.
CITY CLE K OF THE CITY OF ANAHEIM
(SEAL)