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27.27 Residential Care Facilities

Sections:

    27.27.010  Purpose and effect of development and/or use pursuant to this chapter.

    27.27.020  Residential care facilities special use criteria.

    27.27.030  Special density standards for residential care facilities.

    27.27.040  Open space requirements.

    27.27.050  Off-street parking.

    27.27.060  Other land use standards.

 

 

     27.27.010 PURPOSE AND EFFECT OF DEVELOPMENT AND/OR USE PURSUANT TO THIS CHAPTER. This Chapter is intended to regulate residential care facilities with seven (7) or more residents in addition to the caregiver. Residential care facilities serving six or fewer residents, in addition to the caregiver, are permitted in all zoning districts that permit single family residences and shall not be required to meet any requirement of this Chapter. Any zoning plot developed or used pursuant to this Chapter shall not thereafter be used for any purpose other than a residential care facility unless and until the Zoning Administrator has certified in writing that the alternate use satisfies all applicable and then existing land use regulations pertaining to the classification of the zoning plot.  (Ord. 1989-18 § 11 (part), 1989; Ord. 1987-33 § 1 (part), 1987).

 

     27.27.020 RESIDENTIAL CARE FACILITIES SPECIAL USE CRITERIA.  When the proposed use meets the requirements of this Chapter and all the following criteria, residential care facilities serving 7 or more residents in addition to the caregiver may be permitted by approval of a special use permit and a site plan and architectural review by the Planning Commission in any zoning district that permits multiple family dwellings, but in no event in an R-1 or R-2 zoning district.

    (1)  There are no other residential care facilities of any size within 300 radial feet of the perimeter of the subject property.

    (2)  Residential occupancy of residential care facilities for the elderly, other than by the caregiver and his immediate family, shall be limited to persons over sixty (60) years old or to "qualified permanent residents", as defined in California Government Code Sections 51.2 - 51.4, or any successor legislation, who are provided varying levels and intensities of care and supervision and personal care, and who have voluntarily chosen to reside in this type of group housing arrangement.

    (3)  The proposed use shall be licensed by the State or County and shall be conducted in a manner and with facilities that comply with Title 23 for this kind of occupancy. If the State or County license is suspended or revoked, the special use permit shall automatically also be suspended or revoked.

    (4)  Facilities having persons in excess of 60 years of age or having physical handicaps shall be specifically designed and adapted to include safety bars and rails in bedrooms and bathrooms, ramps, and other provisions required for elderly or handicapped persons by State law or Federal regulations. In addition, such facilities shall include a common dining area as well as adequate common living areas and amenities to facilitate program activities.

    (5)  The use shall be specifically designed and/or maintained to have a residential appearance as determined by review of the Zoning Administrator and be compatible with the architectural character of the zoning district. In residential zoning districts, signs and ramps and any other "non-residential" feature visible from the public right-of-way shall not be permitted.  (Ord. 2009-7 § 19, 2009; Ord. 1991-12 § 64, 1991; Ord. 1989-18 § 11 (part), 1989; Ord. 1987-33 § 1 (part), 1987).

 

     27.27.030 SPECIAL DENSITY STANDARDS FOR RESIDENTIAL CARE FACILITIES. Notwithstanding any other provisions of this Code, residential care facilities located in any zoning district that permits community care facilities shall have a total floor area that averages at least 350 square feet of floor area per resident, excluding parking. Where existing structural constraints preclude meeting this requirement, additional floor area to meet this requirement may be achieved through covered patios and decks.  (Ord. 1989-18 § 11 (part), 1989; Ord. 1987-33 § 1 (part), 1987).

 

     27.27.040 OPEN SPACE REQUIREMENTS.

    (a)  For residential care facilities located outside of the central business district, there shall be a minimum of 100 square feet of common usable open space area per resident and live-in caregiver.

    (b)  For residential care facilities located within the central business district there shall be provided a minimum of 100 square feet of common usable open space area per resident and live-in caregiver. Indoor common living areas and amenities to facilitate program activities may be counted towards this requirement up to a maximum of 75% of the total open space area required.

    (c)  Any open space area to be counted toward the requirements of this Section shall have a minimum dimension of not less than six feet (6') in any direction and be easily accessible to all residents.

    (d)  Outdoor areas shall be designed to provide amenities and recreational areas compatible with the needs of the residents, such as pathways and sitting areas, flower and vegetable gardens, shuffleboard courts, putting greens and similar active recreation areas.

    (e)  Where additional stories prohibit easy access to open space areas on the ground floor, open roof decks, balconies, or lanais shall be provided in an amount, dimension, area, and location as determined to be adequate by the Zoning Administrator.

    (f)  The proposed improvement of all required open space shall be designated on the plans submitted with the planning application, and upon the approval of such plans, be considered a required part of the use permit, site, and structural improvements.  (Ord. 1989-18 § 11 (part), 1989; Ord. 1987-33 § 1 (part), 1987).

 

     27.27.050 OFFSTREET PARKING.

    (a)  Buildings constructed as residential care facilities serving from seven (7) to fifteen (15) residents shall be required to provide one parking space for each five (5) residents, in addition to one parking space for each live-in caregiver. At least two of the parking spaces shall be enclosed.

    (b)  Buildings constructed as residential care facilities serving more than (15) residents shall be required to provide one parking space for each (5) residents in addition to one parking space for each caregiver, employee, and doctor to be on-site at any one time.

    (c)  Existing single-family residences to be converted into residential care facilities shall maintain existing covered parking; additional parking to meet the requirement of Subsection (a) or (b) above, as applicable, may be enclosed or uncovered.  (Ord. 1989-18 § 11 (part), 1989; Ord. 1987-33 § 1 (part), 1987).

 

     27.27.060 OTHER LAND USE STANDARDS.  Except as expressly provided in this Chapter, the land use standards for residential care facilities, such as yard areas and floor area, shall be governed by the land use standards of the applicable zoning district.  (Ord. 1989-18 § 11 (part), 1989; Ord. 1987-33 § 1 (part), 1987).


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