Chapter 17.88
RESIDENTIAL CARE FACILITIES
Sections:
17.88.020 Permit Requirements.
17.88.030 Development Standards For Residential Care Facilities.
17.88.010 Purpose.
A. The purpose of this chapter is to establish standards for review of residential care homes and facilities, including those providing housing and supportive services for disabled individuals and households, in compliance with state law. "Residential care facility" means any family home, group care facility, or similar facility that is maintained and operated to provide twenty-four (24) hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. "Disabled households" includes households containing persons that are disabled because of a physical disability or because of an intellectual, mental, or developmental disability. Residential care homes and facilities provide a cost-effective, supportive, and noninstitutional environment for state-licensed operations. In order to protect the public health, safety and welfare, to preserve and protect the integrity of residential neighborhoods, and to ensure this code does not act as a disincentive to or unreasonably restrict the development of residential care homes, including, but not limited to, group homes, elderly care facilities, adult residential facilities, disabled care facilities, foster homes, juvenile court residential facilities for abused or neglected children, and other facilities licensed by the state, residential care facilities shall be allowed and developed in accordance with the standards set forth in this chapter. This chapter shall be interpreted and applied consistent with the policies and guidelines of the general plan housing element, the requirements of the California Government Code, including but not limited to Section 65580 et seq., and the requirements of the California Health and Safety Code Section 1500 et seq.
B. As used in this chapter, "juvenile court residential facilities" do not include any juvenile placement facility approved by the Department of Corrections and Rehabilitation, Division of Juvenile Justice, any juvenile hall operated by a county, or any place in which a juvenile is judicially placed pursuant to California Welfare and Institutions Code Section 727(a).
C. As used in this chapter, "residential care facilities" do not include and this chapter does not apply to any independent living arrangement, transitional housing, or supportive housing. For transitional housing or supportive housing, the requirements of sections 17.80.040 and 17.80.070, respectively, shall apply. (Ord. 533 §2(part), 2018: Ord. 473 §3, 2007).
17.88.020 Permit Requirements.
A. Residential care facilities shall be considered a residential use of property, and, except as otherwise set forth in this chapter, shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district.
B. A residential care facility that serves six (6) or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar term that implies that the residential facility is a business run for profit or differs in any other way from a family dwelling.
C. Residential care facilities that serve six (6) or fewer persons are allowed in all residential zoning districts, in the C-R (retail business) zoning district as part of a mixed use development, and in the C-H (highway commercial) with MUO (mixed use overlay) zoning district as a permitted use without a conditional use or other discretionary permit, excepting design review in accordance with section 17.16.070.
D. Residential care facilities that serve more than six (6) persons are allowed in the R-M (multiple-family residential) and R-H (high-density multifamily residential) zoning districts, in the C-R (retail business) zoning district as part of a mixed use development, and in the C-H (highway commercial) with MUO (mixed use overlay) zoning district subject to issuance of a conditional use permit. Notwithstanding section 17.14.050, for such conditional use permit the city council shall be the designated approval authority, with the planning commission being the recommending body. (Ord. 533 §2(part), 2018: Ord. 473 §3, 2007).
17.88.030 Development Standards For Residential Care Facilities.
In addition to the development standards of the underlying zoning district, residential care facilities shall comply with the following standards:
A. Licensed: Residential care facilities shall be licensed by the appropriate state or county agency and shall comply with all licensing requirements thereof.
B. Parking: Parking shall be provided based upon demonstrated need but shall not require more parking than required for other residential uses within the same zoning district. Except as otherwise required or allowed by this subsection, the parking requirements of chapter 17.58 shall also apply.
C. Signs: In residential neighborhoods, all identification signs for uses listed herein are restricted to the size and location provisions for home occupation signs. Signs for residential care facilities located on nonresidential property shall comply with provisions of chapter 17.62, "Signs."
D. Exceptions To Development Standards: The planning director shall administratively review and may approve exceptions and deviations to the development standards of this code, including, but not limited to, encroachments into setback areas or required yards, maximum lot coverage, accessory structures, parking variations, and similar requests to accommodate the needs of persons with disabilities. (Ord. 533 §2(part), 2018: Ord. 473 §3, 2007).