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6041ORDINANCE NO. 6041 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.52 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DENSITY BONUS (ZONING CODE AMENDMENT 2006-00049). WHEREAS, pursuant to Chapter 18.76 of the Anaheim Municipal Code, provisions of Title 18 may be amended to enhance and preserve the general welfare when adopted by an ordinance of the City Council in the manner prescribed by law; and WHEREAS, the State of California has enacted significant changes to the Statewide Density Bonus Law through the enactment of Senate Bill 1818 and Senate Bill 435, amending Government Code Section 65915; and WHEREAS, the Anaheim City Planning Commission conducted a duly noticed public hearing to consider a proposed amendment to Chapter 18.52 of Title 18 of the Anaheim Municipal Code to bring it into conformity with State law; and WHEREAS, the Planning Commission makes recommendations to the City Council regarding Zoning Code amendments; and WHEREAS, the City desires to amend Chapter 18.52 of Title 18 of the Anaheim Municipal Code to conform to the new requirements of section 65915 of the Government Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: CRrTT(1N 1 That Chapter 18.52 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. 1 SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances,, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. PENALTY Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 (Violations of Code -Penalty) of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 17th day of October , 2006, and thereafter passed and adopted at a regular meeting of said City Council held on the 13th day of November , 2006, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF AHEIM By MA OR OF THE OfTY N ANAHEIM ATTEST: i /// V q // / " CITY CLERK OF/FHE CITY OF J'*1AHEIM 62913.v 1 NGordon 2 EXHIBIT A Chapter 18.52 DENSITY BONUS AND AFFORDABLE RENTAL HOUSING Sections: 18.52.010 Purpose. 18.52.020 Definitions. 18.52.030 Implementation. 18.52.040 Density bonus. 18.52.050 Transfer of land. 18.52.060 Condominium conversion. 18.52.070 Parking ratios. 18.52.080 Provision of child care facilities. 18.52.090 Development incentives. 18.52.100 Tier one incentives. 18.52.110 Tier two incentives. 18.52.120 Affordable rental housing developments. 18.52.130 Density bonus standards. 18.52.140 Approval authority. 18.52.150 Application submittals. 18.52.160 Application review. 18.52.170 Determination of application completeness. 18.52.180 Modification of application. 18.52.190 Findings. 18.52.200 Notice of approval or denial. 18.52.210 Appeals. 18.52.220 Time to exercise entitlement. 18.52.230 Density bonus housing agreement. 18.52.240 Conflict with other laws. 18.52.250 Penalty for violations. 18.52.010 PURPOSE. The purpose of this chapter is to provide incentives for the production of housing for very low, lower and moderate income households, or senior households in accordance with Chapter 4.3 Section 65915 et. seq of the California Government Code and to encourage the construction of Affordable Rental Housing Developments for very low and lower income households. In enacting this chapter, it is the intent of the City to facilitate the development of affordable housing, to achieve the goals, objectives, and policies of the Housing Element of the General Plan and to provide a quality living environment for very low, lower and moderate income households that is compatible with surrounding land uses and neighborhoods. 18.52.020 DEFINITIONS. For purposes of this chapter, the following words, terms and phrases shall have the meanings ascribed herein: .010 "Affordable Housing Costs" is defined in Section 50052.5 of the California Health and Safety Code, and includes the sum of actual or projected monthly payments for all of the following costs associated with for -sale Affordable Units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities. .020 "Affordable Housing Rent" is defined by Section 50053 of the Health and Safety Code and means the monthly rent to be paid by a qualified tenant, including a reasonable allowance for utilities, for rental of Affordable Units reserved for Very Low or Lower Income Households, not exceeding the following calculations: .0201 Very Low Income: Fifty percent (50%) of the area median income for Orange County, adjusted for household size, multiplied by thirty percent (30%) and divided by twelve (12). 0202 Lower Income: Eighty percent (80%) of the area median income for Orange County, adjusted for household size, multiplied by thirty percent (30%) and divided by twelve (12). .030 "Affordable Rental Housing Agreement" means an unsubordinated legally binding agreement between the applicant and the City to be recorded against the property on which the Affordable Rental Housing Development is to be constructed to ensure that the requirements of this chapter are satisfied. The Affordable Housing Agreement shall comply with Section 18.52.230 of this chapter and shall, among other things, establish occupancy limits, the number, size, location and management of the Affordable Units, and the terms and conditions of affordability. .040 "Affordable Unit" means 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 Ownership Cost to very low, low, or moderate -income households or is a unit in a Senior Citizen Housing Development. .050 "Child Care Facility" means a child day care facility other than a family day care home, including but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers. .060 "Common Interest Development" is defined in Section 1351 of the California Civil Code. .070 "Density Bonus" means a density increase over the maximum allowable residential density, up the amount set forth in Section 18.52.040 (Density Bonus), 18.52.050 (Transfer of Land) or 18.52.060 (Condo Conversion). .080 "Density Bonus Housing Agreement" means 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. .090 "Density Bonus Units" means those residential units granted pursuant to the provisions of this chapter that exceed the otherwise maximum allowable residential density for the development site. 2 .100 "Development Standard" means any zoning, ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation relating to development of the property for which a Density Bonus is requested. .110 "Equivalent Financial Incentive" means an alternative incentive of equivalent financial value, based upon the land cost per dwelling unit, equal to at least the land cost per dwelling unit savings that would result from a Density Bonus, and/or a Density Bonus plus an additional incentive. .120 "Housing development," as used in this section, means one or more groups of projects for residential units constructed in the planned development of the City. For the purposes of this section, "housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the Civil Code, approved by the City and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. .130 "Maximum Allowable Residential Density" means the density allowed under this title at the time of application, excluding the provisions of this chapter. If a range of density is allowed under this title, the "Maximum Allowable Residential Density" means the maximum allowable within the range. 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. .140 "Moderate Income" and "Persons and Families of Moderate Income" is defined in Section 50093 of the California Health and Safety Code. .150 "Professional On -Site Management" means an apartment management company that has sufficient experience, organizational stability and capacity to manage the Housing Development. The management company shall employ a full-time resident manager exclusively employed to manage the Housing Development. .160 "Senior Citizen Housing Development" is defined in Sections 51.3 and 51.12 of the Civil Code. .170 "Special Needs Population Units" are units restricted to certain groups who need services linked to their housing, such as: disabled households, handicapped, homeless persons, or chronically ill persons. .180 "Window, Primary" means a window that is not a Secondary Window. .190 "Window, Secondary" means a window located in a bathroom, closet, stairwell or corridor. 18.52.030 IMPLEMENTATION. .010 The regulations and procedures set forth in this chapter shall apply throughout the City. Sections of the California Government Code referenced in this chapter, and application forms for complying with this chapter, shall be available to the public at the offices of the City. .020 Upon request from the applicant, the City shall grant a density bonus, the amount of which shall be as specified in Sections 18.52.040 (Density Bonus), 18.52.050 (Transfer of Land) and 18.52.060 (Condo Conversion), parking ratios as specified in Section 18.52.070 (Parking Ratios) and one or more incentives, as set forth in Section 18.52.090 (Development Incentives), or an Equivalent Financial Incentive, when the applicant for a housing development meeting the requirements set forth in this section, contains at least any one of the following, except as provided in Section 18.52.190 (Findings): .0201 Very low income housing development: At least five percent (5%) of the total units of the housing development as affordable to Very Low Income households; .0202 Lower income housing development: At least ten percent (10%) of the total units of the housing development as affordable to Lower Income households; .0203 Moderate income housing development: At least ten percent (10%) of the total units of a common interest development as affordable to persons and families of Moderate Income provided that all units in the development are offered to the public for purchase; or .0204 Senior citizen housing development: A senior citizen housing development as defined in Sections 51.3 and 51.12 of the 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 Civil Code unless prohibited by state and/or federal law. .030 Applicants for a Density Bonus Housing Development are eligible to receive reduced parking ratios as specified in Section 18.52.120 (Parking Ratios) and additional incentives as specified in Section 18.52.090 (Development Incentives) when they apply as an Affordable Rental Housing Development pursuant to Section 18.52.120 (Affordable Rental Housing Development). 040 Density Bonus Housing Developments shall be a minimum of five (5) dwelling units. .050 All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not require a general plan amendment, zoning change, or other discretionary approval. .060 The Density Bonus Units shall not be included when determining the total number of Affordable Units in the housing development. .070 In cases where the applicant requests a density increase less than that identified in Section 18.52.040 (Density Bonus), no reduction will be allowed in the number of Affordable Units required. In cases where a density increase of more than thirty-five percent (35%) is requested, the requested density increase, if granted, shall be considered an additional incentive, pursuant to Section 18.52.090 (Development Incentives). .080 Any affordability requirements identified in this chapter shall be in addition to the requirements of Chapter 18.50 (Senior Citizens' Apartment Projects). 2 18.52.040 DENSITY BONUS. .010 For purposes of calculating the amount of the density bonus pursuant to Section 18.52.030 (Implementation), the applicant who requests a density bonus pursuant to this section shall elect whether the density bonus shall be awarded based on paragraphs .0201 (Very low income housing development), .0202 (Lower income housing development), .0203 (Moderate income housing development), or .0204 (Senior citizen housing development) of Subsection .020 of Section 18.52.030. .020 The amount of the density bonus to which the applicant is entitled shall vary according to the percentage of affordable housing units exceeding the percentage established in Section 18.52.030 (Implementation) and pursuant to the following tables. .0201 For housing developments meeting the criteria of Section 18.52.030.020.0201 for very low income housing developments, the density bonus shall be calculated as shown in Table 52-A (Very Low Income Density Bonus): Table 52-A VERY LOW INCOME DENSITY BONUS Percentage Very Low Income Units I Percentage Density Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 .0202 For housing developments meeting the criteria of Section 18.52.030.020.0202 for lower income housing developments, the density bonus shall be calculated as shown in Table 52-B (Lower Income Density Bonus): Table 52-B LOWER INCOME DENSITY BONUS Percentage Lower Income Units Percentage Density Bonus 10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 16 29 17 30.5 18 32 19 33.5 20 35 5 .0203 For housing developments meeting the criteria of Section 18.52.030.020.0203 for moderate income housing developments, the density bonus shall be calculated as shown in Table 52-C (Moderate Income Density Bonus): Table 52-C MODERATE INCOME DENSITY BONUS Percentage Moderate Income Units Percentage Density Bonus 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 35 30 36 31 37 32 38 33 39 34 40 35 .0204 For housing developments meeting the criteria of Section 18.52.030.020.0204 for a senior citizen housing development, the density bonus shall be twenty (20) percent. 18.52.050 TRANSFER OF LAND. .010 When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City for the development of very low income housing units as provided for in this section, the applicant shall be entitled to a fifteen (15) percent n increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire development, as shown in Table 52-D (Transfer of Land Density Bonus). Table 52-D TRANSFER OF LAND DENSITY BONUS Percentage Very Low Income Units Percentage Density Bonus 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 .020 This increase shall be in addition to any increase in density mandated by Section 18.52.040 (Density Bonus), up to a maximum combined mandated density increase of thirty-five (35) percent if an applicant seeks both the increase required pursuant to this Section and Section 18.52.040 (Density Bonus). .030 An applicant shall be eligible for the increased density bonus described in this section if all of the following conditions are met: .0301 The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. .0302 The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. .0303 The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards 7 to make the development of the Affordable Units feasible. 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 very low income housing units 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 local government prior to the time of transfer. .0304 The transferred land and the Affordable Units shall be subject to a deed restriction ensuring continued affordability of the units, pursuant to Section 18.52.130.030, which shall be recorded on the property at the time of dedication. .0305 The land is transferred to the City or to a housing developer approved by the Director of Community Development. The Director of Community Development may require the applicant to identify and transfer the land to the developer. .0306 The transferred land shall be within the boundary of the proposed development or, if the Director of Community Development agrees, within one-quarter mile of the boundary of the proposed development. 18.52.060 CONDOMINIUM CONVERSION. .010 When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or 15 percent of the total units of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by the City pursuant to this section, the City shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value. The City may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households. .020 For purposes of this section, "density bonus" means an increase in units of twenty- five (25) percent over the number of apartments otherwise legally permitted, to be provided within the existing structure or structures proposed for conversion. .030 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. .040 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. The City shall, within ninety (90) days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. .050 An application 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 Density Bonus Application pursuant to the requirements set forth in this chapter. .060 Nothing in this section shall be construed to require the City to approve a proposal to convert apartments to condominiums. .070 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 provided under this chapter. 18.52.070 PARKING RATIOS. .010 Upon the request of the developer, the parking ratios shown in Table 52-E (Parking Ratios), inclusive of handicapped and guest parking, of a development meeting the criteria of Section 18.52.040 (Density Bonus) or Section 18.52.120 (Affordable Rental Housing Development), shall be offered: Table 52-E PARKING RATIOS Minimum Number of Parking Spaces per Unit Density Bonus Total Number of Bedrooms Development Affordable Rental Housing Development* Studio unit 1 1 1 -bedroom 1 1 2 -bedrooms 2 1.5 3 -bedrooms 2 2 4 or more bedrooms 2.5 2 * To qualify as an Affordable Multi -Family Rental Project, applicants must comply with Section 18.52.120 (Affordable Rental Housing Development). Parking ratio for Affordable Rental Housing Developments applies only to Affordable Units. Market rate units in Affordable Rental Housing Developments receive the Density Bonus Development parking ratios. .020 If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide onsite parking through tandem parking or uncovered parking, but not through on -street parking. .030 The parking incentive offered in this section shall not count as one of the incentives applicants are entitled to under Section 18.52.090 (Development Incentives). .040 An applicant may request additional parking incentives beyond those provided in this section, subject to Section 18.52.090 (Development Incentives). 18.52.080 PROVISION OF CHILD CARE FACILITIES. .010 When an applicant proposes to construct a housing development that conforms to the requirements of Section 18.52.030 (Implementation) and includes a child care facility that will GJ be located on the premises of, as part of, or adjacent to, the project, the City shall grant either of the following, except as provided in Section 18.52.190 (Findings). .0101 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 Child Care Facility; or .0102 An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the Child Care Facility. .020 The City shall require, as a condition of approving the housing development, that the following occur: .0201 The child care facility shall remain in operation for a period of time that is as long or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 18.52.130 (Density Bonus Standards). .0202 Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to Section 18.52.040 (Density Bonus). .030 Notwithstanding any requirement of this subdivision, the City reserves the right to deny a requested density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. 18.52.090 DEVELOPMENT INCENTIVES. .010 An applicant requesting incentives pursuant to Section 18.52.030 (Implementation), shall as a minimum be granted the number of incentives identified in Table 52-F (Number of Incentives by Level of Affordability). Table 52-F NUMBER OF INCENTIVES BY LEVEL OF AFFORDABILITY *An additional incentive may be granted if the applicant is proposing a child care facility per the requirements of Section 18.52.080 (Provision of Child Care Facilities). .020 Affordable Rental Housing Developments that comply with Section 18.52.120 (Affordable Rental Housing Developments) shall be granted, per the applicant's request, any 10 Percentage of Number of Development Level of Affordability Affordable Units Incentives* At Least 5% 1 Very Low Income At Least 10% 2 At Least 15% 3 At Least 10% 1 Lower Income At Least 20% 2 At Least 30% 3 Moderate Income (for -sale At Least 10% 1 condominiums or planned At Least 20% 2 developments) At Least 30% 3 *An additional incentive may be granted if the applicant is proposing a child care facility per the requirements of Section 18.52.080 (Provision of Child Care Facilities). .020 Affordable Rental Housing Developments that comply with Section 18.52.120 (Affordable Rental Housing Developments) shall be granted, per the applicant's request, any 10 Tier One Incentive. Any Tier One Incentive granted shall not count towards an applicant's minimum number of incentives provided in subsection .010 above. .030 The need for incentives will vary for different housing developments. The City reserves the right to allow additional incentives. .040 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. .0401 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 for low- and moderate -income units for thirty (30) years. When appropriate, the agreement shall specify the mechanisms and procedures necessary to carry out this requirement pursuant to Section 18.52.230 (Density Bonus Housing Agreement). .050 Applicants seeking a modification of development or zoning standards shall show that such modifications are necessary to make the housing development economically feasible in accordance with subdivision (f) of California Government Code Section 65915. .060 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. .070 The granting of an incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. 18.52.100 TIER ONE INCENTIVES. .010 The following incentives shall be granted through the Ministerial Review procedures defined in Section 18.52.160 (Application Review): .0101 Increased allowable site coverage to a maximum of ninety percent (90%) for any fully subterranean garage and to sixty-five percent (65%) for the lot surface for all structures proposed as a part of a project. .0102 Decreased size for fifty percent (50%) of the required trees from twenty four (24) inch box to fifteen (15) gallon. .0103 Reduction of a required interior lot line setback in conformance with Table 52-G (Setbacks from Interior Property Lines) below. For purposes of this subsection, minimum interior setbacks shall be determined independently for each story of the structure. Each setback reduction requested shall be counted as one incentive towards the number of incentives granted as specified in Section 18.52.090 (Development Incentives). 11 Table 52-G SETBACKS FROM INTERIOR PROPERTY LINES Adjacent to Other Adjacent to SFR Uses Two -Story Structures Primary Window/Exterior Door 30 feet 15 feet Secondary Window 15 feet 10 feet Balconies 30 feet 15 feet Blank Wall 15 feet 10 feet Minimum Landscape Setback 5 feet 5 feet Three -Story Structures Primary Window/Exterior Door 35 feet 15 feet Secondary Window 20 feet 10 feet Balconies 35 feet 15 feet Blank Wall 20 feet 10 feet Minimum Landscape Setback 5 feet 5 feet Four -Story Structures* Primary Window/Exterior Door 55 feet 15 feet Secondary Window 45 feet 10 feet Balconies 55 feet 15 feet Blank Wall 45 feet 10 feet Minimum Landscape Setback 5 feet 5 feet * Four-story structures require Tier Two review and are subject to a public hearing by the Planning Commission. .0104 Reduction of a required building separation setback 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 requested shall be counted as one incentive towards the number of incentives granted as specified in Section 18.52.090 (Development Incentives). Table 52-H SETBACKS BETWEEN BUILDINGS Two -Story Structures 12 Primary Window Secondary Window Blank Wall Primary Window 30 feet 20 feet 15 feet Secondary Window n/a 15 feet 15 feet Blank Wall n/a n/a 10 feet 12 Table 52-H SETBACKS BETWEEN BUILDINGS Three -Story Structures Four -Story Structures* Primary Window Secondary Window Blank Wall Primary Window 40 feet 25 feet 15 feet Secondary Window n/a 15 15 Blank Wall n/a n/a 15 Four -Story Structures* * Four-story structures require Tier Two review and are subject to a public hearing by the Planning Commission. 18.52.110 TIER TWO INCENTIVES. .010 The following incentives shall be granted through the Public Hearing review procedures defined in Section 18.52.160 (Application Review): stories. .0101 Reduction of right-of-way dedication or improvements. .0102 Increased maximum building height and/or stories to a height of four (4) 0103 A Density Bonus of more than thirty-five percent (35%). .0104 A decreased parking ratio in addition to the parking ratio permitted under Section 18.52.070 (Parking Ratios). .0105 Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial, or other and uses will reduce the cost of the housing development and if 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. Applications for density bonus and mixed-use zoning shall be required to submit appropriate applications for reclassification of zoning and general plan amendment for a mixed use designation. .0106 Other regulatory incentives proposed by the applicant or the City that result in identifiable and actual cost reductions or avoidance. 13 Primary Window Secondary Window Blank Wall Primary Window 50 feet 35 feet 20 feet Secondary Window n/a 25 feet 20 feet Blank Wall n/a n/a 20 feet * Four-story structures require Tier Two review and are subject to a public hearing by the Planning Commission. 18.52.110 TIER TWO INCENTIVES. .010 The following incentives shall be granted through the Public Hearing review procedures defined in Section 18.52.160 (Application Review): stories. .0101 Reduction of right-of-way dedication or improvements. .0102 Increased maximum building height and/or stories to a height of four (4) 0103 A Density Bonus of more than thirty-five percent (35%). .0104 A decreased parking ratio in addition to the parking ratio permitted under Section 18.52.070 (Parking Ratios). .0105 Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial, or other and uses will reduce the cost of the housing development and if 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. Applications for density bonus and mixed-use zoning shall be required to submit appropriate applications for reclassification of zoning and general plan amendment for a mixed use designation. .0106 Other regulatory incentives proposed by the applicant or the City that result in identifiable and actual cost reductions or avoidance. 13 18.52.120 AFFORDABLE RENTAL HOUSING DEVELOPMENTS. .010 Affordable Rental Housing Developments are multiple family rental housing projects meeting the minimum requirements of this section. 0101 Affordable Rental Housing Developments shall, at the request of the applicant, be granted any Tier One incentive as specified in Section 18.52. 100 (Tier One Incentives). .01 Tier One incentives requested by the applicant shall not count towards the minimum number of incentives granted by Section 18.52.090 (Development Incentives). .02 Tier One incentives requested by the applicant shall not be subject to discretionary review or denial based on the findings of Section 18.52.190 (Findings). .03 Tier One incentives requested by the applicant shall not be subject to subsection .050 of Section 18.52.090 (Development Incentives). .0102 The development site shall not be less than one (1) 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 Professional On -Site Management; .0103 The development site shall be in a RM -3 or RM -4 Zone and shall comply with the standards of the respective zone unless otherwise set forth in this chapter; .0104 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 a Affordable Rental Housing Development upon a finding that the project is financially capable of supporting the cost of Professional On -Site Management; .0105 Not less than the greater of (a) twenty percent (20%) of the total units in the project or (b) five (5) units, shall be restricted to an Affordable Housing Rent for Very Low Income for not less than fifty-five (55) years; .0106 The ratio of each of the one, two, three, four or more bedroom Affordable Units as a percentage of the total Affordable Units shall not be less than the ratio of each of the one, two, three and four or more bedroom units as a percentage of the total units in the Affordable Rental Housing Development; however, when calculating the ratio of Affordable Units as a percentage of total units, an Affordable Unit with a greater number of bedrooms may be substituted for a unit with fewer bedrooms and this requirement shall be considered met; provided, however, an Affordable Unit with fewer bedrooms may not be substituted for one with more bedrooms. For example, if the ratios for non -affordable units would require that the Affordable Rental Housing Development provide two one -bedroom, two two-bedroom and one three-bedroom Affordable Units, then the applicant may instead provide one one -bedroom, one two-bedroom, and three three-bedroom Affordable Units; .0107 The Affordable Units shall be interspersed throughout the Affordable Rental Housing Development; .0108 Occupancy of each unit in the Affordable Rental Housing Development shall not exceed two (2) persons per bedroom plus one (1); 14 .0109 Not more than thirty percent (30%) of the total units in the Affordable Rental Housing Development shall be one (1) bedroom units, provided that, notwithstanding the forgoing, the Planning Director, in his or her discretion, may permit a project with a greater percentage of one (1) bedroom units if they are targeted for special needs populations; .0110 Upon completion of the Affordable Rental Housing Development and prior to occupancy, the owner of the Affordable Rental Housing Development shall provide for Professional On -Site Management of all of the units in the Affordable Rental Housing Development; and .0111 The design of the proposed development shall 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. .020 In determining the Affordable Housing Rent, the household and unit size assumptions shown in Table 52-I (Household and Unit Size Assumptions for Affordable Rental Housing Developments) shall be used unless the housing development is subject to different assumptions imposed by other governmental regulations: Table 52-I HOUSEHOLD AND UNIT SIZE ASSUMPTIONS FOR AFFORDABLE RENTAL HOUSING DEVELOPMENTS Unit Size Household Size SRO (residential hotel) unit 75% of 1 person 0 bedroom (studio) 1 person 1 bedroom 2 person 2 bedroom 3 person 3 bedroom 4 person 4 bedroom 6 person .030 Affordable Units should be built on-site wherever possible and, when practical, be dispersed within the housing development. The design and appearance of the Affordable Units shall be compatible with the design of the total housing development. Except as set forth herein, housing developments shall comply with all applicable development standards. .040 Affordable Rental Housing Developments using the parking ratio of Section 18.51.070 (Parking Ratios) shall be subject to a limitation on the number of vehicles permitted in development, equal to the number of parking spaces provided. Such limitation 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 Density Bonus Housing Agreement is terminated by the City. .050 Parking spaces in an Affordable Rental Housing Development shall be used only for parking operable vehicles. Such limitation 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 Affordable Housing Agreement is terminated by the City. 15 .060 Circumstances may arise in which the public interest would be served by allowing some or all of the Affordable Units associated with one 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 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. 18.52.130 DENSITY BONUS STANDARDS. .010 A Density Bonus Housing Agreement shall be required for all housing developments subject to this chapter pursuant to Section 18.52.230 (Density Bonus Housing Agreement). .0101 The agreement shall be recorded as a restriction on the parcel or parcels on which the Affordable Units will be constructed. .0102 The agreement shall be consistent with Section 18.52.230 (Density Bonus Housing Agreement). .0103 The terms of the agreement shall be reviewed, revised and approved by the Director of the Community Development Department. .020 Affordable Units shall be constructed concurrently with other units unless both the City and the applicant agree within the Density Bonus Housing Agreement to an alternative schedule for development. .030 Affordable Units shall remain restricted and affordable to the designated group for a period of at least 30 years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), notwithstanding the requirements for an Affordable Rental Housing Development subject to Section 18.52.120 (Affordable Rental Housing Developments), for Density Bonus Units that are affordable to Lower Income households or Very Low Income households. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code. Owner -occupied units shall be available at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code. .040 The initial occupant of Affordable Units in a Common Interest Development that are directly related to the receipt of the Density Bonus shall be offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the health and Safety Code. If any City subsidy is provided, 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: .0401 Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The local government shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in Section 33334.2 of the Health and Safety Code that promote homeownership. .0402 The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate -income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value 171 is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. .0403 The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale. .0404 If applicable, the Density Bonus Housing Agreement shall include the provisions required by Section 65916 of the California Government Code. .050 If the applicant has applied to construct a housing development that includes a Child Care Facility, then the Density Bonus Housing Agreement shall include provisions which require continued compliance with the requirements of Section 18.52.080 (Provision of Child Care Facilities). .060 Following execution of the agreement by all parties, the completed Density Bonus Housing Agreement, or memorandum thereof, or, if required by the Density Bonus Housing Agreement, a Declaration of Covenants, Conditions and Restrictions, shall be recorded on the parcel or parcels designated for the construction of Affordable Units. The recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The Density Bonus Housing Agreement shall be binding on the developer of the housing development and all future owners and successors in interest thereof. 18.52.140 APPROVAL AUTHORITY. Applications as specified in Section 18.52.150 (Application Submittals) shall be approved by the City through either a ministerial review by the Planning Director or through a public hearing by the Planning Commission. Level of review is subject to the following: .010 Planning Director Review. The Planning Director has the approval authority for Density Bonus Applications that are for Density Bonus specified in Sections 18.52.040 (Density Bonus), 18.52.050 (Transfer of Land), and 18.52.060 (Condo Conversion), parking ratios specified in Section 18.52.070 (Parking Ratios), and for requested incentives from tier one incentives specified in Section 18.52. 100 (Tier One Incentives) and in the number specified in Section 18.52.090 (Development Incentives). .020 Planning Commission Review. The Planning Commission shall have the approval authority for Density Bonus Applications that are for Density Bonus specified in Sections 18.52.040 (Density Bonus), 18.52.050 (Transfer of Land), and 18.52.060 (Condo Conversion), parking ratios specified in Section 18.52.070 (Parking Ratios), and for requested incentives that include at least one incentive from the tier two incentives specified in Section 18.52.110 (Tier Two Incentives) and/or in a number greater than specified in Section 18.52.090 (Development Incentives). 18.52.150 APPLICATION SUBMITTALS. .010 An application(s) 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. Final approval or disapproval of an application (with right of appeal to the City Council) shall be made by the Planning Director, Planning Commission, or City Council as prescribed in Section 18.52.140 (Approval Authority), unless direct financial 17 assistance is requested. If direct financial assistance is requested, the Planning Commission shall make a recommendation to the City Council, which will have the authority to make the final decision on the application. .020 Applicants for a Density Bonus Housing Development shall schedule a pre - application conference with, and such conference shall be granted by, the Community 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 An applicant proposing a housing development pursuant to this chapter shall submit a Pre -file application to the Planning Department prior to the submittal of a Density Bonus Application. An applicant submitting such a Pre -file application shall also submit a fee as prescribed in Chapter 18.80 (Fees). A Pre -file application shall be filed on forms prescribed by the Planning Director and submittals shall include all required information and identified materials. In addition to the information required on the Pre -file application, the Pre -file application for Density Bonus shall also include: .0301 A brief description of the proposed housing development, including the total number of units, Affordable Units, and Density Bonus Units proposed; .0302 A description of the parking ratios to be used that will accompany the request; .0304 A list of the incentives requested and a financial analysis (pro forma) for the project describing the incentives requested and why the incentives are necessary to provide the Affordable Units proposed; and .0305 Other information as may be required by the Community Development Department. .040 Density Bonus Applications and copies of the regulations and procedures set forth in this chapter shall be made available to the public at City Hall. All completed applications shall be filed with the Planning Department as stipulated in the application. An application shall be filed on forms prescribed by the Planning Director and submittals shall include all required information and identified materials. .050 Upon submission of a Density Bonus Application, the Community Development Department shall conduct a project review and seek to ensure compatibility of the housing development with the existing neighborhood scale and character of development. The Community Development Department shall make a recommendation to the approval authority regarding design review, any additional or Equivalent Financial Incentives, and other issues associated with the application. .060 Applications for Density Bonus subject to the provisions of this Chapter, shall contain, but not be limited to, the following: .0601 A description of the project; .0602 The type of density bonus applied for as described in Sections 18.52.040 (Density Bonus), .050 (Transfer of Land), and .060 (Condo Conversion); .0603 The parking ratio requested to apply to the project; 18 .0604 A financial analysis (pro forma), or other financial information satisfactory to the Planning Director or Planning Commission as applicable; 0605 Environmental documentation, including: .01 Information 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; and .02 Information that the proposed project has no adverse impact on any real property that is listed in the California Register of Historical Resources. .0606 Description of each incentive requested; and .0607 Any other information as required by the Planning or Community Development Department. .070 In addition to the application, the applicant shall provide, at the time of application, an executed letter of understanding in such form as is reasonably satisfactory to the City acknowledging the basic terms of the Density Bonus Housing Agreement, including 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. Approval of such letter by the Community Development Department shall be a prerequisite to the Planning Department or Planning Commission undertaking final action on the application. .080 Applicant. The application may be submitted by the record owner or owners of each property comprising the proposed Development site. .090 Fees. Applications not initiated by the City Housing Authority or Redevelopment Agency shall be accompanied by a filing fee as set forth in Chapter 18.80 (Fees). 18.52.160 APPLICATION REVIEW. .010 Ministerial review: Density bonus applications requesting the number of incentives specified in Section 18.52.090 (Development Incentives) shall be acted upon by the Planning Director. Any decisions on any density bonus, parking ratio request, and/or incentives shall be made in accordance with the provisions of this chapter. .020 Public hearing: Density bonus applications requesting incentives beyond those allowed by Section 18.52.090 (Development Incentives) or those requesting incentives not listed or incentives from tier two incentives in Section 18.52.110 (Tier Two Incentives) shall be acted upon by the Planning Commission. A public hearing shall be held in accordance with the procedure set forth for public hearing in Chapter 18.60 (Procedures). Any decisions on any Density Bonus and/or incentives requested by the applicant shall be made in accordance with the provisions of this chapter. .030 If the applicant has applied to construct a housing development that includes a Child Care Facility, then, as a condition of approval of the housing development, the applicant shall agree to cause the Child Care Facility to (a) 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 restricted and affordable to Very Low, Lower and/or Moderate Income Households, as applicable, in accordance with Section 18.52.130 (Density Bonus Standards) hereof; and (b) to include in its attendance a number of children from Very Low, Lower and/or Moderate Income IR Households, as applicable, equal to or greater than the percentage of Affordable Units restricted to such Very Low, Lower and/or Moderate Income Households, as applicable, required by Sections 18.52.040 (Density Bonus), .050 (Transfer of Land), and .060 (Condo Conversion) hereof. .040 The Community Development Department shall inform the applicant that the requested additional incentives shall be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives pursuant to Section 18.52.090 (Development Incentives) shall be recommended for consideration in lieu of the requested incentives or that such incentives are not appropriate or needed for the proposed housing development. If the Community Development Department recommends alternative or modified incentives, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives. .050 If the Planning Director or Planning Commission makes any of the findings set forth in Section 18.52.190 (Findings), the written finding shall be provided to the applicant who may within 20 days of the postmarked findings, appeal the decision to the City Council by providing a written request to the City Clerk. 18.52.170 DETERMINATION OF APPLICATION COMPLETENESS. .010 Initial Determination. All applications submitted to the Planning Department will be processed to determine their completeness in accordance with Section 18.060.050 (Determination of Application Completeness). .020 Determination. After the initial review period, if 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. 18.52.180 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 completeness review and may require payment of a supplemental application fee. 18.52.190 FINDINGS. .010 Applications for Qualified Affordable Housing Developments for Density Bonus pursuant to Sections 18.52.040 (Density Bonus), .050 (Transfer of Land), and .060 (Condo Conversion) and Parking Ratios pursuant to Section 18.52.070 (Parking Ratios) shall be approved by the City pursuant to the implementation of a Density Bonus Housing Agreement defined in Section 18.52.230 (Density Bonus Housing Agreement). .020 Review. It is the intent of this chapter that density bonus applications be reviewed by both the Planning Department and the Community Development Department 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, and, for Density Bonus Applications for an Affordable Rental Housing Development, a review of compliance with the following standards: 20 .0201 That the Affordable Housing Development will be compatible with the scale and character of the existing neighborhood and nearby land uses. .0202 That the Affordable Housing Development will preserve the integrity and character of the zoning district and the General Plan. .0203 That the Affordable Housing Development will be consistent with design guidelines established for affordable housing and will comply with all affordability requirements. .030 The City shall approve the request for development incentives and in the number specified in Development Incentives, Section 18.52.090 (Development Incentives) pursuant to the implementation of a Density Bonus Housing Agreement defined in Section 18.52.230 (Density Bonus Housing Agreement) unless it makes a written finding, based upon substantial evidence, of either of the following: .0301 That the incentive is not required to provide affordable housing costs or affordable rents; or .0302 That the 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, lower, or moderate income households. .040 The City shall approve the request for additional density bonus or incentive for the provision of a childcare facility specified in Section 18.52.080 (Provision of Child Care Facilities) unless it makes a written finding, based upon substantial evidence, of any of the following: .0401 That the additional density bonus or incentive for a child care facility does not significantly contribute to the economic feasibility of the construction of the construction of the child care facility; or .0402 That the additional 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, lower, or moderate income households; or .0403 That the community has adequate child care facilities. 18.52.200 NOTICE OF APPROVAL OR DENIAL. Not later than ten (10) days after the approval or denial of a Density Bonus Application, the Planning Department shall prepare and mail to the applicant and property owner a formal written notice of the action. Notwithstanding the foregoing, approval shall not be effective until applicant executes a Density Bonus Housing Agreement in accordance with Section 18.52.230 (Density Bonus Housing Agreement). 18.52.210 APPEALS. .010 Initiation of appeal. Appeals may be filed by any applicant dissatisfied with any decision made on the application for a Density Bonus Housing Development. 21 .020 Appeal authority. Any appeal of a decision of the approval authority pursuant to Section 18.52.140 (Approval Authority) may be appealed to the City Council. .030 Application. The application for appeal shall be in writing and clearly identify the appellant(s) and the reasons for appeal. All appeals shall be filed with the City Clerk. .040 Timeframe. An appeal of a decision of the approval authority must be filed by the applicant within fifteen (15) days from the date indicated on the written notification of the decision made by the approval authority. .050 Fees. Fees shall be paid as specified in Chapter 18.80 (Fees). .060 Notification and hearing. Appeals of the decision of the approval authority shall be subject to the same notification and hearing requirements as specified in Chapter 18.60 (Procedures), except that the date of the public hearing before the City Council shall not exceed sixty (60) days following receipt of the written appeal or the election of the City Council to review any action of the approval authority. .070 Revisions after appeal. If revised plans are submitted following appeal of a decision, the Planning Director may require these plans to be submitted to the Planning Commission for review and recommendation prior to City Council consideration. .080 Prior to the City Council public hearing, an appeal may be withdrawn by the party who filed the appeal provided the withdrawal is submitted in writing to the City Clerk prior to or at the public hearing. However, if more than one party has filed an appeal, all of said parties must withdraw their appeal, otherwise the City Council shall consider the request. If a valid withdrawal is submitted, the decision of the original approval authority shall stand as the final decision at the end of the original appeal period. 18.52.220 TIME TO EXERCISE ENTITLEMENT. The approved term to obtain building permits, thereby exercising the entitlement for a Density Bonus Housing Development shall be one (1) year from the date of approval. Such time limitation may be extended as set forth in Section 18.60.170 (Extension of Time to Exercise Entitlement) by the Planning Director. 18.52.230 DENSITY BONUS HOUSING AGREEMENT. .010 Applicants utilizing this chapter shall enter into a Density Bonus Housing 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 Development Department. .020 The Density Bonus Housing Agreement shall include provisions which require continued compliance with the applicable requirements of the chapter. .030 If the applicant has applied to construct a housing development that includes a Child Care Facility, then the Density Bonus Housing Agreement shall include provisions which require continued compliance with the requirements of subsection .030 of Section 18.52.160 (Application Review) above. .040 If applicable, the Density Bonus Housing Agreement shall include the provisions required by Section 65916 of the California Government Code. 22 .050 Following execution of the agreement by all parties, the completed Density Bonus Housing Agreement, or memorandum thereof, or, if required by the Density Bonus Housing Agreement, a Declaration of Covenants, Conditions and Restrictions, shall be recorded on the parcel or parcels designated for the construction of Affordable Units. The recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The Density Bonus Housing Agreement shall be binding on the developer of the housing development and all future owners and successors in interest thereof. .060 The Density Bonus Housing Agreement, or memorandum thereof, shall be recorded against the development site prior to issuance of building permits for the Density Bonus Housing Development. The agreement shall be binding on all future owners and successors in interest. .070 The Density Bonus Housing Agreement for rental density bonus developments shall include provisions which require Professional Management for Housing Developments that include fifteen (15) or fewer units and Professional On -Site Management for Housing Developments that include sixteen (16) or more units, which provides for the continued maintenance of the property. .0701 Professional Management and Professional On -Site Management shall also monitor the use of parking spaces within the Housing Development to ensure that parking spaces are provided, maintained and used in accordance with the terms of the Density Bonus Housing Agreement. .0702 Professional Management and Professional On -Site Management shall also ensure that the Housing Development is maintained in a manner that is consistent with the standards of the Anaheim Municipal Code. .080 Applicants utilizing this chapter with the option for an Affordable Rental Housing Development shall enter into a Density Bonus 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 Development Department. The agreement shall include, but not be limited to, the following: .0801 The Redevelopment Agency of the City of Anaheim and the Anaheim Housing Authority shall be third party beneficiaries of the Affordable Housing Agreement; .0802 The total number of units approved for the Affordable Rental Housing Development, including the number of Affordable Units; 0803 The location, unit sizes (square feet), and number of bedrooms of each of the Affordable Units; .0804 The standards for determining the Affordable Rent for each Affordable Unit; .0805 A term of at least fifty five (55) years; .0806 A description of the density bonus, parking ratio and development incentive(s), if any, being provided by the City; .0807 If the Affordable Rental Housing Development has received a parking ratio pursuant to Section 18.52.070 (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 23 procedures for removal of inoperable vehicles and a limitation on the aggregate number of vehicles permitted in the Affordable Rental Housing Development in accordance with subsections .050 and .060 of Section 18.52.120 (Affordable Rental Housing Developments); .0808 A limitation on occupancy of each unit in the Affordable Rental Housing Development not to exceed more than such number of persons as is equal to the sum of the number of bedrooms in the unit, multiplied by two, plus one; .0809 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; .0810 The obligation of the owner to comply with an acceptable written management plan to the Community Development Director 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; .0811 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 .0812 Other provisions to ensure implementation and compliance with this chapter, matters addressed in the application, and the Agreement. 18.52.240 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 development incentives for Affordable Rental Housing Developments as specified in Section 18.52.120 (Affordable Rental Housing Developments) shall continue to apply. 18.52.250 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 24 any civil remedies, at law or in equity, which are otherwise available to the City of Anaheim to remedy such violations. 25 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: November 23, 2006 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: November 23, 2006 7rSignature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp of Publication of SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6041 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.52 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DENSITY BONUS (ZONING CODE AMENDMENT 200600049) This ordinance amends Chapter 18.52 of the Anaheim Mu- nicipal Code to establish new regulations and procedures pertaining to Density Bonus, which would implement State - mandated density bonus law for affordable and senior housing. The, ordinance also integrates the density bonus provisions with the current provisions of Chapter 18.58 of the Anaheim Municipal Code pertaining to affordable multiple -fatuity housing developments. The ordinance further establishes a new application and re- view process that specifically addresses the relationship to adjacent residential neighborhoods while meeting the intent of State law. The process provides applicants a menu of "tiered' incentives that offer two levels of review based on the number of incentives being requested in connection with anaffordable housing project. The amendment also satisfies one, of the City's Affordable Housing Strategic Plan objectives, which is to encourage low- and very -low income housing unit development. I, Sheryll Schroeder, City Clerk of the City of Anaheim, do hereby ca[tily that the foregoing is a summary of Ordinance No. 8041 which ordinance was introduced at a regular meet- ing of the City Council of the City of Anaheim on the 26th day of September, 2006 and was subsequent reintro- duced at a regular meeting of the City Council of I a City of Anaheim on the 17th day of October, 2006 and was duty passed and adopted at a regular meeting of said Council on the 13th day of November, 2006 by the following roll call vote of the members thereof: AYES: Mayor Pringle, Council Members Sidhu, Hernandez Galloway, Chavez NOES: None ABSENT: None The above summary is a brief description of the subject matter contained in the text of Ordinance No. 6041, which has bean prepared pursuant to Section 512 of the Charter of the C ty of Anaheim. This summary does not include or de- scribe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordinance. 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 Friday. There is no charge for the copy. Publish: Anaheim Bulletin November 23, 2006 25-993 8220150