Chapter 17.19
CRITERIA AND STANDARDS FOR LOW INCOME SENIOR CITIZENS’ APARTMENT PROJECTS*

Sections:

17.19.010    Purpose.

17.19.020    Conditional use permit required.

17.19.030    Occupancy.

17.19.040    Low income, affordability and residency.

17.19.050    Required finding of accessibility to services.

17.19.060    Site development standards.

17.19.070    Minimum lot area.

17.19.080    Minimum building site area per dwelling unit and minimum number of units.

17.19.090    Building height.

17.19.100    Maximum lot coverage.

17.19.110    Minimum floor area.

17.19.120    Setbacks and special yards.

17.19.130    Special regulations.

17.19.140    Open space.

17.19.150    Indoor recreational—Leisure space.

17.19.160    Parking.

*    Prior ordinance history: Ords. 88-11 and 94-2.

17.19.010 Purpose.

The purpose of this chapter is to provide for and encourage the orderly development of apartment projects designed expressly for low income 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. (Zoning ordinance dated 7/94 (part), 1994)

17.19.020 Conditional use permit required.

Low income senior citizens’ apartment projects shall be permitted only in the R-4, or multifamily residential district, and C-R, or commercial residential district, (“underlying zones”) of the city and shall be only permitted in these underlying zones provided a conditional use permit is first approved pursuant to the provisions of Chapter 17.48 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 agreeing to restrict occupancy of all senior citizens’ dwelling units within such project to households at least one member of which is a senior citizen who is at least sixty-two years of age. Notwithstanding the provisions of Section 17.19.030, said covenants shall also allow for limited occupancy by handicapped persons under sixty-two years should a proposed project be involved in a government program which requires the low income senior citizen project to be open to handicapped persons. However, the conditional use permit and covenants required by this section may include provisions to provide that in the event that a sale in foreclosure should occur due to legitimate, normal and noncollusive defaults on a loan for a low income senior citizens’ housing project, the terms of the age restrictions required in this section will change from sixty-two years of age to fifty-five years of age, but with preference still to be given to those at least sixty-two years of age when otherwise qualifying prospective tenants at least sixty-two years of age are available. (Zoning ordinance dated 7/94 (part), 1994)

17.19.030 Occupancy.

Occupancy, residency and use of any senior citizens’ dwelling unit within a low income senior citizens’ apartment project shall be limited and restricted as follows:

A.    Not more than two persons, at least one of whom must be a senior citizen and at least sixty-two years of age, shall reside in any one-bedroom unit.

B.    Not more than one senior citizen, at least sixty-two years of age, shall reside in any studio unit.

C.    The age and occupancy restrictions set forth in subsections A, B and D of this section shall be included in the covenants required to be recorded against the property pursuant to Section 17.19.020 hereof. The provisions of subsection E of this section may be included in the covenants should the property owner wish to do so.

D.    An on-site resident manager shall be required for all low income senior citizens’ apartment projects and shall be responsible for insuring that applicable age, occupancy and income restrictions listed in the covenants are enforced. The minimum age requirements listed in Section 17.19.150 shall not apply to the resident manager of the complex.

E.    Notwithstanding the foregoing provisions of this section, the terms of the age restrictions required by this section shall change from sixty-two years of age to fifty-five years of age in the event that a sale in foreclosure should occur due to legitimate, normal and noncollusive defaults on a loan for a low income senior citizens’ housing project. (Zoning ordinance dated 7/94 (part), 1994)

17.19.040 Low income, affordability and residency.

As a condition of approval of any conditional use permit for any senior citizens’ apartment project, and prior to issuance of any building permits thereof, the property owner(s) shall include as part of the covenants, that all of the units shall be affordable to low income households. The term “low income households” as used in this chapter shall mean households having an income not exceeding eighty percent of the median family income for the county of Monterey. Minimum affordability standards shall require that rents for these units shall not exceed thirty percent of the applicable maximum income level of said “low income households” at any time during the life of the project. However, the property owner(s) may be required by conditions of project approval to execute and record an agreement with the city and/or other government agencies requiring that some or all of the apartment units in a particular project be limited to Marina residents and/or to tenants with lower incomes and/or at lower rents than the minimum standards listed in this section. Any said agreement shall be in a form approved by the city attorney. Notwithstanding the foregoing provisions of this section, the conditional use permit and covenants required by Section 17.19.020 may include provisions to provide that in the event that a sale in foreclosure should occur due to legitimate, normal and noncollusive defaults on a loan for a low income senior citizens’ housing project, the project no longer need be occupied exclusively by nor remain affordable to low income households. However, if the optional provision in the immediately preceding sentence is included within the covenants, those covenants shall further provide that preference will still be given to low income households when otherwise qualifying prospective tenants who are low income households have applied for units to be rented. (Zoning ordinance dated 7/94 (part), 1994)

17.19.050 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, medical facilities and banks. Prior to approving a conditional use permit for any low income senior citizens’ apartment project, the approving body shall find that the evidence presented shows that said project is reasonably accessible to the services identified in this section. (Zoning ordinance dated 7/94 (part), 1994)

17.19.060 Site development standards.

This chapter recognizes senior citizens’ apartment projects as a special class of residential development because of unique characteristics 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. (Zoning ordinance dated 7/94 (part), 1994)

17.19.070 Minimum lot area.

The minimum lot area shall be not less than sixteen thousand square feet. (Zoning ordinance dated 7/94 (part), 1994)

17.19.080 Minimum building site area per dwelling unit and minimum number of units.

The minimum building site area shall be at least one thousand square feet of net land area per unit. Furthermore, no fewer than sixteen units shall be considered as a low income senior citizens’ apartment project. (Zoning ordinance dated 7/94 (part), 1994)

17.19.090 Building height.

The maximum height of any structure shall be as required in the underlying zone. (Zoning ordinance dated 7/94 (part), 1994)

17.19.100 Maximum lot coverage.

The maximum lot coverage by all residential and accessory structures shall be as permitted in the underlying zone. (Zoning ordinance dated 7/94 (part), 1994)

17.19.110 Minimum floor area.

The minimum floor area of any low income senior citizen dwelling unit shall be not less than as provided herein:

A.    Studio units: three hundred fifty square feet;

B.    One-bedroom units: five hundred square feet;

C.    No two-bedroom units shall be allowed. (Zoning ordinance dated 7/94 (part), 1994)

17.19.120 Setbacks and special yards.

A.    For low income senior citizens’ apartment projects with from sixteen to twenty dwelling units, the minimum setbacks and special yards shall be as required in the underlying zone.

B.    For low income senior citizens’ apartment projects with more than twenty dwelling units, the minimum front, side, rear and special yard requirements of the underlying district and the locational requirements for accessory buildings in the general zoning regulations shall be superseded by a requirement of a minimum ten-foot setback around the periphery of the project site; provided however, that nothing contained in this section shall limit the authority of the planning commission or the city council on appeal, to require a greater setback. Encroachments of up to five feet into said ten-foot perimeter may be approved by the planning commission or the city council on appeal, as follows:

1.    Encroachments shall be limited to surface parking spaces, open or covered decks or patios, portions of buildings which are single-story and do not exceed sixteen feet in height, or portions of two-story structures where the use of the second-story space is limited to passive living activities, i.e., sleeping or bathing areas of a dwelling.

2.    No encroachments shall be allowed adjacent to public street rights-of-way. (Zoning ordinance dated 7/94 (part), 1994)

17.19.130 Special regulations.

The special regulations shall be as required in the underlying zone. (Zoning ordinance dated 7/94 (part), 1994)

17.19.140 Open space.

The area of usable open space for senior housing projects shall be as required by the underlying zone. (Zoning ordinance dated 7/94 (part), 1994)

17.19.150 Indoor recreational-leisure space.

At least thirty square feet per dwelling unit shall be provided in a common indoor recreational-leisure area which is readily accessible from all dwelling units. This area shall be deducted from the required usable open space area to a maximum of two thousand square feet. Indoor recreational-leisure space shall be provided in a multipurpose or recreational room with at least five hundred square feet of floor area. (Zoning ordinance dated 7/94 (part), 1994)

17.19.160 Parking.

At least .8 parking spaces shall be provided for each one-bedroom or studio unit, eighty percent of which shall be covered. Furthermore, space should be reserved on-site to provide at least .2 additional parking spaces per unit should the need arise. During the use permit consideration, the planning commission or city council on appeal shall have the discretion to reduce or increase the amount of reserved parking area required. Also, the planning commission or the city council on appeal shall consider on-street parking congestion and availability in the neighborhood of a proposed project in order to determine whether greater off-street parking shall be required than the minimum standards listed in this section. (Zoning ordinance dated 7/94 (part), 1994)