Escondido City Zoning Code
ARTICLE 41
SENIOR HOUSING
§ 33-810 Purpose.
This article shall pertain to all developments which receive conditional use permit approval for the construction and operation of senior housing projects under this article or any previous version of this article. All senior housing projects so approved and constructed shall be subject to the conditions of approval established by the planning commission and/or city council as well as to the provisions contained in this article. Each project also shall comply with the provisions of the Fair Housing Amendments Act of 1988, 42 U.S.C. sections 3601 through 3619, prior to continuing its status as a senior housing project under this article.
Those projects which do not comply with the requirements of the Fair Housing Amendments Act shall not be subject to the age restrictions of this article.
Nothing in this article shall immunize any project from liability for failure to comply with the Fair Housing Amendments Act.
(Zoning Code, Ch. 107, § 1079.10; Ord. No. 92-36, § 1, 8-12-92; Ord. No. 2007-19, § 4, 9-19-07)
§ 33-811 Definitions.
For the purpose of this article, certain words and phrases are defined as follows:
means a housing development which was developed under this article or previous versions of this article.
means persons 62 years of age or older or households of which one member is 62 years of age or older, provided that these age limits shall be reduced to 55 for senior housing projects. Senior housing may be provided under any state or federal program that the Secretary of Housing and Urban Development determines is specifically designated and operated to assist senior citizens (as defined in the state or federal program); or intended for, and solely occupied by persons 62 years of age or older; or a residential development developed, substantially rehabilitated, or substantially renovated, for persons 55 years of age or older, that has at least 35 dwelling units (rental or for-sale units) and at least 80% of the occupied dwelling units occupied by at least one person who is 55 years of age or older. Exceptions to this requirement shall be made for persons with disabilities. Additional exceptions to this requirement shall be permitted for managers at the following ratios:
(Zoning Code, Ch. 107, § 1079.20; Ord. No. 2007-19, § 4, 9-19-07; Ord. No. 2018-20, § 7, 11-28-18)
§ 33-812 Compliance.
(a)
Each senior housing project shall maintain all documents, papers, computer data, and all other business records pertaining to the occupancy requirements of this article on file at the senior housing project. Such records shall be available for inspection by the housing division or their designated representatives at any time during business hours.
(b)
Each senior housing project shall post on its premises notice of its status as a senior housing project in a manner readily visible to and accessible to the residents. Such notices shall be prepared by the housing division.
(c)
It is unlawful to encourage, coerce or evict any person from a senior housing project for the purpose of meeting the requirements of this article, unless the owner or manager of the senior housing project shall have first paid all costs of relocating such individuals to similar housing facilities.
(Zoning Code, Ch. 107, § 1079.30; Ord. No. 90-14, § 1, 5-2-90; Ord. No. 2007-19, § 4, 9-19-07)
§ 33-813 Enforcement.
The failure on behalf of an owner or owners to perform and/or achieve compliance with the requirements of this article or other conditions of the project approval shall constitute a violation of the project approval and the zoning code. Any such violations shall be corrected within 10 days following notice from the city identifying the nature of said violations and describing those measures necessary to correct said violation(s). Continued noncompliance shall be subject to prosecution as a misdemeanor violation. Noncompliance with this article shall be defined as follows:
(a)
Failure to restrict occupancy to those households with at least one person 62 years or older (except as specifically noted in this chapter);
(b)
Unauthorized expansions or deviations from any other conditions of the project approval.
(Zoning Code, Ch. 107, § 1079.40; Ord. No. 2007-19, § 4, 9-19-07)
§ 33-814 Conversion of senior projects.
As noted in section 33-810, any senior housing project developed under this article or previous versions of this article which does not comply with the requirements of the of the Fair Housing Amendments Act of 1988, 42 U.S.C. Sections 3601-3619, shall not be subject to the age restrictions of this article. Any proposed change in the use of a senior housing project that does comply with the Fair Housing Amendments Act shall conform to all current zoning and density requirements. Any such conversion shall be accompanied by plans showing how said structure will be brought into conformance with city standards.
(Zoning Code, Ch. 107, § 1079.50; Ord. No. 2007-19, § 4, 9-19-07)
§ 33-815 Violations.
In addition to the penalties specified in section 33-813, the failure to meet the occupancy requirements of this article and any other violation of any provision of this article is unlawful and is a misdemeanor. Each separate offense, or each day on which an ongoing offense is committed shall be a separate violation. Such violation shall be punishable by a fine not exceeding one thousand dollars, ($1,000.00) or by imprisonment in the county jail for a period not exceeding six months, or both.
(Zoning Code, Ch. 107, § 1079.60; Ord. No. 90-14, § 2, 5-2-90; Ord. No. 2007-19, § 4, 9-19-07)