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).