.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.)