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, be compatible with surrounding land uses, and protect the public health, safety and general welfare. (Ord. 5920 § 1 (part); June 8, 2004.)

   Plans for proposed senior citizens’ apartment projects requiring a conditional use permit shall be submitted to the Community Development Department for design review. The Community Development Department will review project design, and seek to ensure compatibility of the senior housing project to the existing neighborhood scale and character, and a high level of liveability for senior citizens. The Community Development Department will make a recommendation regarding project design to the Planning Commission, for consideration in connection with the Commission's decision on the conditional use permit. (Ord. 5920 § 1 (part); June 8, 2004.)

   .010   Minimum Lot Area. The minimum lot area shall be not less than seven thousand two hundred (7,200) square feet; provided that, where a lot of lesser area was of record on or before March 27, 1951, the 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 all non-residential zones shall comply with the requirements of the RM-4 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 necessary services, including grocery stores, transit stops, medical facilities and banks. Prior to approving a conditional use permit for any senior citizens' apartment project, and in addition to the findings otherwise required for a conditional use permit, the approving body shall find that the evidence presented shows that the project is reasonably accessible to the services identified in this subsection.

(Ord. 5920 1 (part); June 8, 2004: Ord. 6461 § 22; April 16, 2019.)

   .010   Maximum Structural Height. The maximum height of any structure shall be as authorized by the conditional use permit approving such project; provided that the height of any structure located within one hundred fifty (150) feet of any single-family residential zoned property (except: (i) property under a resolution of intent to any commercial or multiple-family zone; (ii) property dedicated to and used for public purposes; or (iii) property which is developed for, or approved for development of, any non-single-family residential use) shall not exceed a height equal to one-half the distance from such structure to the single-family residential zoned property, as measured to the nearest point.

   .020   Required Elevators. Any senior citizens' apartment project containing dwelling unit entrances at three (3) or more stories (including any below-grade parking), or containing entrances on two (2) stories directly over at-grade parking, or containing thirty (30) or more units above the first story (including any below-grade or at-grade parking), shall include one (1) or more elevators so that each unit entrance is located a walking distance of no more than one hundred fifty (150) feet from an elevator. Each elevator shall comply with all applicable State of California Fire Life Safety regulations.

   .030   Maximum Lot Coverage. The maximum lot coverage by all residential and accessory structures shall be as permitted in the underlying zone; provided, however, projects located in all non-residential zones shall comply with the requirements of the RM-3 Zone.

   .040   Minimum Floor Area. The minimum floor area of any senior citizen dwelling unit shall be as provided herein:

      .0401   Bachelor units. Four hundred (400) square feet.

      .0402   One-bedroom units. Five hundred fifty (550) square feet.

      .0403   Two-bedroom units. Seven hundred (700) square feet; provided, however, that the number of two-bedroom units shall not exceed fifty percent (50%) of the total number of units in the project, and that no senior citizen dwelling units with more than two (2) bedrooms shall be allowed. For purposes of this chapter, the term "Bedroom" shall include all rooms within a dwelling unit capable of being utilized for sleeping quarters, with the exception of a living room, bathroom, kitchen or hallway. (Ord. 5920 § 1 (part); June 8, 2004.)

   .010   Minimum Structural Setbacks and Yards. The minimum structural setbacks and yards shall be as required in the underlying zone; provided, however, projects located in all non-residential zones shall comply with the requirements of the RM-3 Zone.

   .020   Required Improvement of Setbacks and Yards. Yards and setback areas shall be landscaped with lawns, trees, shrubs or other plants, and shall be permanently maintained in a neat and orderly manner. Pedestrian walks, recreational-leisure areas and vehicular accessways shall be permitted in these areas. The following decorative elements are permitted where they are integral parts of a landscaped scheme comprised primarily of plants:

      .0201   Fountains, ponds, sculptures, benches and planters; and

      .0202   Fences, walls and hedges conforming to the provisions of Section 18.46.120 (Screening, Fences, Walls and Hedges).

   .030   Minimum Recreational-Leisure Areas. There shall be not less than two hundred (200) square feet of usable recreational-leisure area for each dwelling unit provided for in private patios, accessible balconies, roof gardens, common recreational-leisure areas, landscaped side and rear yards, or any combination thereof and as provided herein.

      .0301   Private Recreational-Leisure Areas. Private patios for ground-floor units shall be not less than one hundred (100) square feet in area, the least dimension of which shall be not less than eight (8) feet. Where living units above the ground floor are served by a private balcony, the balcony shall be a minimum of fifty (50) square feet in area, the least dimension of which shall be a minimum of five (5) feet.

      .0302   Recreational-Leisure Space for Projects Containing More Than 20 Dwelling Units. Projects containing more than twenty (20) dwelling units shall, as a part of the required two hundred (200) square feet of recreational leisure area per dwelling unit, provide at least fifty (50) square feet per dwelling unit of common space designed for a specific recreational or leisure activity. The common recreational-leisure space shall be conveniently located to, and readily accessible from, all dwelling units, and may be provided either outdoors or inside a building. The 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 event, shall be screened from adjacent streets and arterial highways, by either solid building walls, or a minimum six (6)-foot-high, decorative block wall. The required common recreational-leisure space may include swimming pools, barbecue facilities, multi-purpose rooms, putting greens and/or court game facilities. Indoor recreational-leisure space shall be provided in a multi-purpose or recreational room or rooms having minimum floor areas of one thousand (1,000) square feet.

      .0303   All outdoor common recreational-leisure areas shall be landscaped with lawn trees, shrubs or other plants and shall be permanently maintained in a neat and orderly manner. Fountains, ponds, sculpture, planters and decorative screen type walls, where an integral part of a landscaping scheme that consists primarily of plant materials, shall be permitted within the common areas. (Ord. 5920 § 1 (part); June 8, 2004.)

   Permitted encroachments into required yards, unless otherwise expressly provided herein, shall be as allowed in the RM-3 (Residential, Multiple-Family) Zone. (Ord. 5920 § 1 (part); June 8, 2004.)

   The minimum distances between buildings shall as required in the RM-3 Zone. (Ord. 5920 § 1 (part); June 8, 2004.)

   Any pedestrian accessways providing 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. (Ord. 5920 § 1 (part); June 8, 2004.)

   .010   Number, Type and Design of Parking Spaces. The minimum number, type and design of parking spaces shall comply with the requirements of Chapter 18.42 (Parking and Loading); provided, 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 as required in the RM-3 Zone. (Ord. 5920 § 1 (part); June 8, 2004.)

   The provisions of Section 18.46.110 (Screening, Fences, Walls and Hedges) of Chapter 18.46 (Landscaping and Screening) shall be applicable to this chapter. (Ord. 5920 § 1 (part); June 8, 2004.)

   .010   Required Private Storage Areas. In addition to the minimum floor area, private, enclosed storage areas of not less than one hundred (100) cubic feet capacity shall be provided for each dwelling unit, outside each unit, in one or more of the following locations: (i) in a common storage area properly screened from view; or (ii) adjacent to the patio or balcony of a unit.

   .020   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. The storage areas shall be designed, located or screened so as not to be readily identifiable from adjacent streets or highways. (Ord. 5920 § 1 (part); June 8, 2004.)

   .010   Occupancy, residency and use of any senior citizens' dwelling unit within a senior citizens' apartment project shall be limited and restricted as follows:

      .0101   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.

      .0102   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.

      .0103   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 forty-five (45) years of age, except that temporary residency by a person less than forty-five (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 or persons who are domestic partners within the meaning of Section 297 of the California Family Code.

   .030   As a condition of approval of any senior citizens' apartment project, 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. The 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. (Ord. 5920 § 1 (part); June 8, 2004.)

   .010   As a condition of approval of any conditional use permit for any senior citizens' apartment project, and prior to issuance of any building permits for the project, the property owner(s) shall be required to agree to construct at least forty-nine percent (49%) the total number of senior citizens' dwelling units within such project for very low income households (affordable units).

   .020   The term “Very Low 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.

   .030   Affordable monthly rents are established at thirty percent (30%) of thirty-five percent (35%) of the median family income for twenty-five percent (25%) of the units, and thirty percent (30%) of fifty percent (50%) for twenty-four percent (24%) of the units, adjusted for family size and divided by twelve (12) 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.

   .040   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. The agreement shall be acceptable to, and approved by, the Community Development Department and the City Attorney's Office, and shall include, but need not be limited to, the following provisions:

      .0401   Identification of the affordable units;

      .0402   The initial rent for each unit;

      .0403   The method of calculating periodic rental increases;

      .0404   A minimum term of thirty (30) years on the control of rent for the affordable units; and

      .0405   The right of the Community Development Department to supply, or otherwise approve, the qualifications of the very low income households which will rent the affordable units.

   .050   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 developer may otherwise apply pursuant to Section 65915 of the California Government Code. (Ord. 5920 § 1 (part); June 8, 2004.)

   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. (Ord. 5920 § 1 (part); June 8, 2004.)

   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 (Violations of Code–Penalty) of Chapter 1.01 (Code Adoption and Construction) of the Anaheim Municipal 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. (Ord. 5920 § 1 (part); June 8, 2004.)