Chapter 18.52 — AFFORDABLE HOUSING

.010 The purpose of this chapter is to do the following:

.0101 Facilitate the development of rental and for-sale housing to achieve the goals, objectives, and policies of the Housing Element of the General Plan.

.0102 Ensure compliance with Sections 66300.6 and 65915(c)(3) of the California Government Code, and related provisions of State law governing the demolition of residential units, as may be amended from time to time. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6489 § 1 (part); July 14, 2020: Ord. 6601 § 27; January 14, 2025: Ord. 6615 § 3; September 23, 2025: Ord. 6627 § 22 (part); August 11, 2026.)

.010 Density Bonus and Other Incentives shall be consistent with Section 65915 et seq. of the California Government Code, as the same may be amended from time to time.

.020 Affordable housing shall be provided pursuant to Chapter 17.40 (Inclusionary Housing).

.030 On sites identified in the City's Sixth Cycle Housing Element Candidate Site Inventory as providing units in the Low and Very Low Income Category, development review shall be by-right consistent with Section 65583.2, subdivisions (h) and (i) of the California Government Code, if at least twenty percent (20%) of the total units are restricted for lower-income households, as defined by the California Department of Housing and Community Development. Any subdivision of the site shall remain in accordance with Chapter 17.08 (Subdivisions), unless prohibited by State law.

.040 Affordable residential development proposed on institution-owned properties shall be permitted in the City of Anaheim if compliant with Section 18.38.023 of this Title. (Ord. 6627 § 22 (part); August 11, 2026.)

.10 Definitions. For the purposes of this Section, the following terms, phrases, words and their derivations shall have the meaning given herein.

.0101 "Affordable Housing Cost" has the same meaning as defined in Section 50052.5 of the California Health and Safety Code.

.0102 "Affordable Rent" has the same meaning as defined in Section 50053 of the California Health and Safety Code.

.0103 "Comparable Unit" contains the same or greater number of existing bedrooms and bathrooms as the unit being replaced. If Protected Units include single-family homes, Comparable Unit means either of the following, as applicable:

.01 A unit containing the same number of bedrooms if the single-family home contains three or fewer bedrooms.

.02 A unit containing three bedrooms if the single-family home contains four or more bedrooms.

.0104 "Equivalent Size" means that the replacement units contain at least the same total number of bedrooms as the units being replaced.

.0105 "Protected Units" means any residential dwelling units subject to replacement requirements under state law, including units that, within the previous five years, were: 1) occupied by lower-income households; 2) subject to affordability restrictions; or 3) demolished or removed from the housing market.

.020 Applicability. This Section applies to any development project proposed within the City of Anaheim that meets any of the following criteria, unless exempted under subsection .030 of this Section:

.0201 Proposes the demolition of one or more residential dwelling units; or

.0202 Is located on a site where Protected Units were demolished within the previous five years.

.030 Exceptions. This Section shall not apply to a development project that meets all the following conditions:

.0301 The project is located within an Industrial Zone;

.0302 The project site is entirely within a zone that does not allow residential uses;

.0303 The applicable zoning designation prohibiting residential uses was adopted prior to January 1, 2022; and

.0304 Any Protected Units on the site are, or were, nonconforming uses.

.040 Replacement Requirements. All development projects subject to this section shall meet the following project standards:

.0401 The development project shall replace all existing Protected Units and any Protected Units demolished within the previous five years.

.0402 Replacement units may be used toward qualifying for the State Density Bonus Law (California Government Code Section 65915) or complying with Chapter 17.40 (Inclusionary Housing).

.0403 Replacement housing shall be developed prior to or concurrently with the development project.

.0404 If the development project is not a housing development, where 100 percent of the development consists of non- residential use, replacement housing may be located on a different site within the City.

.0405 The project applicant may contract with another entity to provide the required replacement housing.

.0406 Affordability Requirements. Any development project utilizing a density bonus or replacing existing units with affordability restriction shall comply with the following:

.01 Replacement of Existing Affordable Units. If the development project involves the demolition, removal, or conversion

of any dwelling units that are subject to affordability restrictions or are occupied by lower-income households, the project shall replace such units in accordance with the requirements of this Chapter.

.02 Affordability of Replacement Units. Replacement units required pursuant to this Chapter shall be made available at

an Affordable Rent or Affordable Housing Cost to, and occupied by, households in the same or lower income category (e.g., very low, low, or moderate income) as the households occupying the Protected Units at the time of application.

.0408 Duration of Affordability Restrictions. Replacement units subject to affordability restriction shall remain subject to affordability restrictions for no less than:

.01 Fifty-five (55) years for rental units; and

.02 Forty-five (45) years for owner-occupied units.

.0409 Unit Size and Bedroom Count. Replacement units shall comply with the Comparable Unit and Equivalent Size requirements set forth in this Chapter and shall contain at least the same number of bedrooms as the Protected Units replaced, except as otherwise permitted.

.50 Occupant Protections

.0501 Right to Remain. Existing occupants shall be permitted to remain in their units until at least six months prior to the commencement of construction.

.0502 Notice Requirements. The project applicant shall provide written notice to occupants at least six months prior to displacement, including:

.01 Description of the planned demolition;

.02 The date the occupant must vacate; and

.03 A summary of rights under Section 18.52.030.

.0503 Right to Return. Any occupant required to vacate shall be permitted to return to their unit at the prior rental rate if:

.01 The demolition does not occur; and

.02 The unit is returned to the rental market.

.0504 Lower Income Households. The project applicant shall provide the following for occupants of Protected Units who are lower-income households:

.01 Relocation benefits equivalent to those required under California Government Code Section 7260 et seq.

.02 Right of first refusal to occupy a Comparable Unit that is:

(a) Located within the new development or replacement housing; and

(b) Affordable at an Affordable Rent or Affordable Housing Cost.

.03 Exceptions to Right of First Refusal. This requirement shall not apply to:

(a) A development project consisting of a single residential unit replacing a single protected unit; or

(b) A development project in which 100 percent of units (excluding manager units) are reserved for lower-income

households. (Ord. 6627 § 22 (part); August 11, 2026.)