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4567FOLLOWS: ORDINANCE NO. 4567 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 18.94 TO, AND AMENDING AND REPEALING VARIOUS SUBSECTIONS AND SECTIONS OF CERTAIN SPECIFIED CHAPTERS OF, TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Section 18.01.200 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto, in proper alphabetical sequence, new definitions of "senior citizen," "senior citizens' apartment project" and "senior citizens' dwelling unit" to read as follows: "'Senior Citizen.' A person sixty-two (62) years of age or older, or 55 years of age or older in a residential development consisting of at least 150 senior citizens' dwelling units. 'Senior Citizens' Apartment Project.' An apartment house project approved pursuant to the provisions of Chapter 18.94 of this Code and the occupancy of each dwelling unit of which is limited so as to require at least one resident of each such unit to be a senior citizen with the exception of not more than one dwelling unit thereof ('resident manager's dwelling unit'), as identified in covenants recorded against the property, which unit may be occupied by a resident manager and his or her family regardless of their ages. 'Senior Citizens' Dwelling Unit.' Each dwelling unit within a senior citizens' apartment project with the exception of the resident manager's dwelling unit, if any." SECTION 2. That Section 18.01.050 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto, in proper alphabetical sequence, a new definition of "density bonus" to read as follows: "'Density Bonus.' An increase in the maximum residential density otherwise allowable under the provisions of this Title and the land use element of the general plan which increase is approved by the City pursuant to the provisions of Section 65915 of the Government Code without the necessity of findings of fact otherwise required for a zone variance -1- pursuant to this Title. Said density bonus shall be limited to a waiver of, or variance from, the minimum building site area per dwelling unit as otherwise required by the zoning regulations applicable to said property as contained in this Title." SECTION 3. That subsection .013 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.06.050.013 Retirement Dwellings: .0131 Senior citizens' apartment projects: not less than four-fifths (0.8) of a parking space for each bachelor unit and one bedroom unit, and not less than one and three-fifths (1.6) parking spaces for each two bedroom unit. All parking spaces shall be located so as to minimize walking distances from the living area to the parking facility. Parking spaces may be covered or open and shall be unassigned and equally available to all residents, guests or employees. Notwithstanding Section 18.06.040.030 of this Code, no small car stalls shall be permitted for required parking spaces in senior citizens' apartment projects. .0132 Second residential dwelling units (granny units) for which a conditional use permit is approved pursuant to the authority of Section 65852.1 of the Government Code: One (1) parking space, covered or open, for each such unit which space may be tandem to another on-site parking space." SECTION 4. That subsection .325 of Section 18.21.050 of Chapter 18.21, subsection .070 of Section 18.31.050 of Chapter 18.31, subsection .100 of Section 18.32.050 of Chapter 18.32, subsection .130 of Section 18.34.050 of Chapter 18.34, subsection .165 of Section 18.41.050 of Chapter 18.41, subsection .305 of Section 18.44.050 of Chapter 18.44, subsection .295 of Section 18.45.050 of Chapter 18.45, subsection .275 of Section 18.46.050 of Chapter 18.46, and subsection .205 of Section 18.48.050 of Chapter 18.48, all of Title 18 of the Anaheim Municipal Code, be, and the same are hereby, amended to read as follows: "Senior citizens' apartment projects subject to compliance with the requirements of Chapter 18.94 of this Title." Iwa SECTION 5. That Chapter 18.94 be, and the same is hereby, added to Title 18 of the Anaheim Municipal Code to read as follows: "Chapter 18.94 CRITERIA AND STANDARDS FOR SENIOR CITIZENS' APARTMENT PROJECTS 18.94.010 DESCRIPTION AND PURPOSE The purpose of this chapter is to provide for and encourage the orderly development of apartment projects designed expressly for senior citizens and further to maintain and enhance those living and environmental characteristics consistent with established community values and the particular needs of senior citizens. The following standards are established to ensure that such use shall provide a suitable living environment for senior citizens and be compatible with surrounding land uses, and to protect the public health, safety and general welfare. 18.94.020 CONDITIONAL USE PERMIT REQUIRED Senior citizens' apartment projects shall be permitted only in the RS -A-43,000, RM -3000, RM -2400, RM -1200, CO, CL, CG, CH and CR Zones ("underlying zones") of the City and shall be only permitted in such underlying zones provided a condi- tional use permit is first approved therefor pursuant to the provisions of Chapter 18.03 of this Title. As a condition of approval of any such conditional use permit and prior to the issuance of any building permits for such project, the owner(s) of the property shall be required to execute and record covenants, conditions and restrictions ('covenants') against the property in a form approved by the City Attorney's Office agreeing to restrict occupancy of all senior citizens' dwelling units within such project to persons at least one (1) of whom is a senior citizen. Said covenants shall further restrict the age of all other occupants of senior citizens' dwelling units within such project to the greatest extent legally permissible under the provisions of Section 51.3 of the Civil Code of the State of California. Nothing contained in this chapter shall be deemed to prohibit any housing project, the occupancy within which is limited in whole or part to senior citizens, in any zone of the City wherein residential uses are permitted provided such project complies with all applicable requirements of such zone. -3- 18.94.030 SITE DEVELOPMENT STANDARDS This chapter recognizes senior citizens' apartment projects as a special class of residential development because of unique character- istics related to locational, affordability, social, architectural and building safety considerations. In order to provide a living environment consistent with the needs of the elderly population and in order to preserve locally recognized values of community appearance, the following site development standards shall apply in addition to, and where inconsistent therewith shall supersede, any regulations of the underlying zone. 18.94.031 BUILDING SITE REQUIREMENTS .010 Minimum Lot Area. The minimum lot area shall be not less than seventy-two hundred (7200) square feet, providedhat where a lot of lesser area was of record on or beore March 27, 1951, said lot shall be deemed to comply with this provision. .020 Minimum Building Site Area per Dwelling Unit and Lot Width. The minimum building site area per dwelling unit and minimum lot width shall be the same as required in the underlying zone, provided, however, projects located in the RS -A-43,000 Zone or nonresidential zones shall comply with the requirements of the RM -1200 Zone. .030 Required Finding of Accessibility to Services. Any proposal for a senior citizens' apartment project shall include adequate consideration and information as to the location of the site in relation to the proximity and accessibility to neces- sary services, including grocery stores, transit stops, medical facilities and banks. Prior to approv- ing a conditional use permit for any senior citizens' apartment project, and in addition to the findings otherwise required by Chapter 18.03 of this Title, the approving body shall find that the evidence presented shows that said project is reasonably accessible to the services identified in this subsection. 18.94.032 STRUCTURAL HEIGHT, LOT COVERAGE AND FLOOR AREA LIMITATIONS .010 Ma maximum height of any by the conditional use provided that the heig within one hundred fif family residential zon imum Structural Height. The tructure shall be as authorized permit approving such project t of any structure located y (150) feet of any single- d property (except [i] property -4- under a resolution of i multiple -family zone, [ used for public purpose developed for, or apprc nonsingle-family reside height equal to one -hal ture to said single -fan as measured to the neat ntent to any commercial or ii] property dedicated to and B or [iii] property which is ved for development of, any ntial use) shall not exceed a f the distance from such struc- ily residential zoned property est point. .020 Maximum Lot Coverage. The maximum lot coverage by all residential and accessory struc- tures shall be as permitted in the underlying zone, provided, however, pro ects located in the RS -A-43,000 Zone or nonresidential zones shall comply with the requirements of the RM 1200 Zone. .030 Mi imum Floor Area. The minimum floor area of any senar citizen dwelling unit shall be not less than as pr vided herein: .031 Bachelor units: 400 square feet. .032 One bedroom units: 550 square feet. .033 Tw, feet, provided, however room units shall not e. total number of units senior citizen dwellin, bedrooms shall be allo, chapter, the term 'bed within a dwelling unit sleeping quarters with bathroom, kitchen or h 18.94.033 ST bedroom units: 700 square that the number of two bed- ceed fifty percent (50%) of the n the project and that no units with more than two (2) ed. For purposes of this oom' shall include all rooms capable of being utilized for the exception of a living room, llways. CTURAL SETBACK AND YARD IREMENTS .010 Mi imum structural setbacks and yards. The minimum st uctural setbacks and yards shall be as required in the underlying zone, provided, however, projects located in the RS -A-43,000 Zone or nonresidential zones shall comply with the require- ments of the RM -1200 Z ne. .020 Re and yards. Yards and scaped with lawns, tre ials and shall be perm orderly manner. Pedes leisure areas and vehi permitted in said area uired improvement of setbacks etback areas shall be land- s, shrubs or other plant mater- nently maintained in a neat and rian walks, recreational- ular accessways shall be . The following decorative -5- elements are permitted where they are integral parts of a landscaped schemel,comprised primarily of plant materials: .021 Fountains, ponds, sculptures and planters. .022 Fences, walls and hedges conform- ing to the provisions cif Section 18.04.043 of this Title. .030 Mi Areas. There shall be square feet of usable each dwelling unit pro accessible balconies, recreational -leisure a yards or any combinati herein. .031 Pr Areas. Private patios not less than one hund the least dimension of eight (8) feet. Where floor are served by a shall be a minimum of the least dimension of five (5) feet. imum Recreational -Leisure not less than two hundred (200) ecreational-leisure area for ided for in private patios, oof gardens, common eas, landscaped side and rear n thereof and as provided vate Recreational -Leisure for ground floor units shall be ed (100) square feet in area, which shall be not less than living units above the ground rivate balcony, said balcony ifty (50) square feet in area, which shall be a minimum of .032 Rereational-Leisure Space for Projects Containinq MoIs a Than Twenty20 Dwelling Units. Projects contaning more than twenty 20 dwelling units shall, a part of the required 200 square feet of recreational leisure area per dwelling unit, provide at least fifty (50) square feet per dwelling unit of commoi space designed for a specific recreational or leisura activity. Said common recreational -leisure s ace shall be conveniently located to, and readily accessible from, all dwelling units and may be provided either outdoors or inside a building. Such outdoor common recreational -leisure spaces may extend into required rear yard setbacks or side yard setbacks not abutting a public or private street and, in any evet, shall be screened from adja- cent streets and arterial highways by either solid building walls or a mi imum six (6) foot high block wall. Said required common recreational -leisure space may include swimming pools, barbecue facilities, multi-purpose rooms, potting greens and/or court game facilities. Indoor relcreational-leisure space shall be provided in a multi', -purpose or recreational room or rooms having minimum floor areas of at least one thousand (1000) square, feet. .033 All outdoor common recreational - leisure areas shall be,landscaped with lawn trees, shrubs or other plant materials and shall be perman- ently maintained in a neat and orderly manner. Fountains, ponds, sculpture, planters and decorative screen type walls, where an integral part of a land- scaping scheme which is comprised primarily of plant materials, shall be permitted within said common areas. 18.94.034 PERMITTED ENCROACHMENT INTO REQUIRED YARDS Permitted encroachments into required yards, unless otherwise expressly provided herein, shall be the same as allowed in the RM -1200 Zone. 18.94.035 MINIMUM DISTANCES BETWEEN BUILDINGS AND MINIMUM PEDESTRIAN ACCESSWAYS .010 The minimum distances between buildings shall be the same as required in the RM -1200 Zone. .020 Any pedestrian accessways provid- ing primary access to any dwelling unit or public recreational -leisure area from a public or private street, alley or private driveway shall have a minimum unobstructed width of eight (8) feet. 18.94.036 OFF-STREET PARKING REQUIREMENTS .010 Number, Type and Design of Parking Spaces. The minimum number, type and design of park- ing spaces shall comply with the requirements of Section 18.06.050 of the Anaheim Municipal Code; pro- vided, however, that none of the spaces shall be designed or designated for small cars nor shall any spaces be tandem. .020 Vehicle Access. Vehicle access requirements shall be the same as required in the RM -1200 Zone. 18.94.037 REQUIRED SITE SCREENING .010 Boundary Screening. Except as otherwise provided herein, a solid decorative type masonry wall, landscaped earthen berm, or any combina- tion thereof, totaling not less than six (6) feet in height, shall be provided along and immediately adja- cent to any site boundary abutting any freeway, -7- expressway, railroad right-of-way, any alley or inter- ior site boundary. The height of any such wall and/or berm shall be measured from the highest finished grade level adjacent to said wall and/or berm. .020 Exceptions. .021 No wall shall exceed the maximum height specified in Section 18.04.043 of this Title. .023 No wall or berm shall be required across any approved vehicular or pedestrian accessway. .024 Where any alley is proposed to serve as joint access for any residential use, requirements for a wall and/or berm may be modified or waived by the Planning Director or his designee where the following are satisfactorily shown: .0241 Any truck loading or trash collec- tion areas are reasonably screened from view from the residential area; and .0242 No major traffic problem will be created by such joint use. 18.94.038 REQUIRED REFUSE STORAGE AREA Refuse storage shall conform to the standards as shown on the document entitled "Minimum Acceptable Trash Collection Areas" on file with the City of Anaheim and incorporated herein by this reference, as the same may from time to time be amended. Said storage areas shall be designed, located or screened so as not to be readily identifi- able from adjacent streets or highways. 18.94.039 AGE AND OCCUPANCY RESTRICTIONS .010 Occupancy, residency and use of any senior citizens' dwelling unit within a senior citizens' apartment project shall be limited and restricted as follows: .011 Not more than two (2) persons, at least one (1) of whom must be a senior citizen, shall reside in, or be permitted to reside in, any bachelor unit or one (1) bedroom unit. .012 Not more than three (3) persons, at least one (1) of whom must be a senior citizen, shall reside in, or be permitted to reside in any two (2) bedroom unit. .013 All occupants and residents of any dwelling unit who are not senior citizens, other than the spouse or cohabitant of, or a person who resides with and provides primary physical or economic support to, the resident senior citizen, shall be at least 45 years of age except that temporary residency by a person less than 45 years of age for a cumulative period of sixty (60) days in any calendar year shall be permitted. .020 The term 'cohabitant' as used in this section shall mean persons who live together as husband and wife. .030 The age and occupancy restrictions set forth in this section shall be included in the covenants required to be recorded against the property pursuant to Section 18.94.020 hereof. 18.94.040 REQUIRED AFFORDABLE UNITS As a condition of approval of any conditional use permit for any senior citizens' apart- ment project, and prior to issuance of any building permits therefor, the property owner(s) shall be required to agree to construct at least twenty-five percent (25%) of the total number of senior citizens' dwelling units within such project for lower income households (`affordable units'). The term 'lower income households' as used in this section shall mean households having an income not exceeding fifty percent (50%) of the median family income, adjusted for family size, for the standard metropolitan statistical area within which the City of Anaheim is included as published by the United States Department of Housing and Urban Development; provided that, in the event such publication is discontinued, the City of Anaheim shall have the right to designate or rely on an alternate source for such statistical information. The property owner(s) shall be required to execute and record an agreement with the City of Anaheim agreeing to the requirements of this Section. Said agreement shall be approved by the City Attorney's Office and shall include, but need not be limited to, the following provisions: identification of the affordable units, the initial rent for each unit, the method of calculating periodic rental increases, a minimum term of thirty (30) years on the control of rent for the affordable units, and the right of the City of Anaheimito supply or otherwise approve the qualifications of the lower income house- holds which will rent said affordable units. The requirements of this section shall be in addition to, and the affordable, units herein required shall not be counted toward, any density bonus for which the devel- oper may otherwise apply pursuant to Section 65915 of the Government Code. 18.94.041 CONFLICTS WITH OTHER LAWS Nothing contained in this chapter shall be deemed to prohibit occupancy by any person of any dwelling unit in a senior citizens' apartment project where such prohibition would be in violation of, or conflict with, any provision of State law with which the City of Anaheim is required to conform. In the event of any such conflict, the applicable provision of State law shall prevail. 18.94.042 PENALTY FOR VIOLATIONS . It shall be unlawful for any person to occupy, or for any owner, operator or manager of any senior citizens' apartment project to permit the occupancy of, any dwelling unit within a senior citizens' apartment project in violation of any provision of this chapter. Any such violation shall be a misdemeanor punishable in the manner set forth in Section 1.01.370 of this Code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person and shall be punishable accordingly. The criminal sanctions imposed by this section shall be in addition to any civil remedies, at law or in equity, which are otherwise available to the City of Anaheim to remedy such violations." SECTION 6. That subsection .075 of Section 18.22.050 of Chapter 18.22, subsection .065 of Section 18.23.050 of Chapter 18.23, subsection .065 of Section 18.24.050 of Chapter 18.24, subsection .065 of Section 18.25.050 of Chapter 18.25, subsection .065 of Section 18.26.050 of Chapter 18.26, subsection .100 of Section 18.27.050 of Chapter 18.27, subsection .140 of Section 18.42.050 of Chapter 18.42, subsection .435 of Section 18.61.050 of Chapter 18.61, subsection .375 of Section 18.63.050 of Chapter 18.63, subsection .080 of Section 18.81.050 of Chapter 18.81, and subsection .080 of Section 18.82.050 of Chapter 18.82, all of Title 18 of the Anaheim Municipal Code, be, and the same are hereby, repealed. -10- SECTION 7. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordi- nance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 8. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which viola- tions were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal pro- visions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 9. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fif- teen (15) days after its adoption in the Anaheim Bulletin, a news- paper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 5th day of Febr ary, 1985. - - MAYOR OF THE CITY OF ANAHEIM ATTEST - a -,Ora., �� S—'-4zC CITY CLERK OF THE CITY OF ANAHEIM JLW/ fm 2593M 10/09/84 -11- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4567 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 29th day of January, 1985, and that the same was duly passed and adopted at a regular meeting of said (+ City Council held on the 5th day of February, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: '_ :,,:y Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4567 on the 5th day of February, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of February, 1985. MY CLERK OF THE CiTY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4567 add was published once in the Anaheim Bulletin on the 15th day of February, 1985. CITY CLERK F