Chapter 19.34 — CONVERSIONS OF SENIOR

The purpose of this chapter is to establish necessary and appropriate policies related to conversion of senior housing projects to non-senior housing projects.

(Ord. 2009-06 § 4, 2009.)

(A) California's Unruh Civil Rights Act (Civil Code Section 51.1 et seq.) expressly allows private parties to establish housing for senior citizens and the Federal Fair Housing Act (42 U.S.C. Section 3601 et seq.) expressly allows for "housing for older persons."

(B) State law encourages "senior citizen housing developments." Specifically, Government Code Section 65915 requires cities to provide "senior citizen housing developments" density bonuses for development of such facilities and provide lower parking standards. Therefore, by law, "senior only" housing facilities may receive concessions and incentives that non-senior facilities do not receive.

(C) On average, senior citizens make less impact on the environment than do non-seniors. Occupancy rates for seniors are significantly less than non-senior occupancy rates. Seniors make substantially fewer trips than non-seniors. Seniors drive fewer vehicles, and therefore require fewer parking spaces per housing unit than do non-seniors. This chapter acknowledges these facts when it applies a lower parking requirement for certain senior housing facilities than would have otherwise applied.

(D) Because, on average, senior citizens occupy few persons per dwelling unit than non-senior citizen residents, seniors use substantially less water per household than non-seniors. Therefore, if there is no discretionary process to administer changes from senior to non-senior mobilehome parks, the city's zero water footprint policy will not be applied to such land use changes. This will further jeopardize the city's ability to supply water to its residents in accordance with the fee structure adopted by the city council.

(E) Based on the foregoing, newly created or authorized non-senior facilities have a greater impact on the environment than do existing senior facilities. Therefore, the city determines that all conversions, as defined in this chapter, are "projects" within the meaning of Public Resources Code Section 21065 .

(F) Government Code Section 65595 et seq., permit all of the following developments to pay lower developer fees to schools: developments which qualify as "senior citizen housing," "multilevel facility for the elderly" or as a "residential care facility for the elderly," and manufactured homes and mobilehomes in certain communities limited to older persons.

(G) Government Code Sections 65595.1 and 65595.2 demonstrate that cities should often disallow these senior

housing uses from converting to

non-senior housing uses until the full amount of school fees that would have otherwise been required to be paid were, in fact, paid.

(H) If a previously approved facility obtained concessions or incentives because it indicated that it would qualify and operate as a senior housing project but subsequently lost its qualifying status, the development facility should mitigate the impacts on the community, including but not limited to offsetting the concessions and incentives previously received.

(I) If the city applied reduced public park dedications for senior restricted developments, or lowered fees for vehicular parking, transportation, and/or schooling because the project originally qualified as a senior housing project and then that project later converted to non-senior housing, the public would be harmed to the extent that the converted project did not provide the full amount of mitigation that would have been otherwise required. If a conversion occurs, the city should require that all impacts from the conversion are mitigated.

(Ord. 2009-06 § 4, 2009.)

Cross References Section 19.34.110

The following terms shall have the following meanings for the purposes of this chapter:

(A) "Concessions or incentives" mean any concession or incentive issued or awarded to a project by the city by virtue of the project qualifying as a senior housing project. Concessions and incentives shall include, but are not limited to: (1) utilization of the lesser parking standards described in Municipal Code Chapter 19.21 or similar ordinance; (2) receipt of a density bonus, incentive, or lower parking requirements consistent with Government Code Section 65915(b)(3) ; (3) any preference received on account of qualifying as "housing for older persons" under federal law, having been "designed to meet the physical and social needs of senior citizens" under state law, or qualifying as a "senior citizen housing development" as defined under Civil Code Section 51.3 or 51.11, or similar authority; (4) any development which received any benefit pursuant to Section 65995 et seq. (relating to lowered developer fees to fund school construction); or (5) any other reduction in design or development standards, financial assistance, or other development related concession or incentive that the project received from the city on account of the project intending to become, or for actually becoming a senior housing project.

(B) "Convert" or "conversion" means changing from existing senior housing or a senior housing project to a housing project that could not qualify as a senior housing project.

(C) "Director" shall mean the city of American Canyon director of community development.

(D) "Senior citizen" shall mean any individual who is fifty-five years or older.

(E) "Senior housing project" means any project qualifying as senior housing under state or federal law that, at the time of initial city approval, received a concession or incentive.

(Ord. 2009-06 § 4, 2009.)

No senior housing project shall convert to a non-senior housing project unless the project first obtains a conversion permit pursuant to this chapter, and consistent with the procedures outlined in this chapter.

(Ord. 2009-06 § 4, 2009.)

Consistent with this chapter, the planning commission shall conduct a public hearing on all complete applications for conversion permits. The planning commission shall issue a conversion permit if it makes findings consistent with the following:

(A) The proposed use of the property as something other than a senior housing project is in accord with the objectives of this chapter and the purposes of the zone in which the project site is located.

(B) The new use and operation is consistent with the general plan.

(C) The project will comply with all parking requirements of Municipal Code Chapter 19.21 which apply to non-senior facilities. If the city, however, in its sole and reasonable discretion determines that requiring parking spaces pursuant to this subsection would be detrimental to the public welfare, the applicant shall instead provide reasonable alternative parking accommodations. As part of the city's determination of whether the public welfare would be harmed, the city shall consider the ability of the applicant to provide additional parking without unreasonably degrading the appearance of the real property surrounding the structure.

(D) The applicant has paid or is required to pay as a condition of granting the conversion permit all required fees, including those required by Government Code Sections 65995 et seq., and Education Code Section 17620 relating to developer fees paid to school districts, and the city has received any authorization required to have been filed by the Napa Valley Unified School District pursuant to Government Code Section 65595.1 , or any other section.

(E) All required notices were given, including those required by Government Code Section 65995.2 relating to school impact fees for mobilehome conversions, and Civil Code Section 798.25 relating to six-month notice of changes of regulations of mobilehome parks.

(F) The applicant has complied with all actions required by the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) including any duty to assess impact on the environment and resulting mitigation. These mitigation measures will address identified impacts to traffic, public transportation, noise, parking space, and vehicle parking and such other impacts as are identified by appropriate environmental review.

(Ord. 2009-06 § 4, 2009.)

New Applications. An application for a conversion permit shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director or the director's designee shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed.

(Ord. 2009-06 § 4, 2009.)

(A) An application fee for a conversion permit shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.

(B) Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule adopted from time to time by city council resolution.

(C) Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.

(Ord. 2009-06 § 4, 2009.)

The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing on the application.

(Ord. 2009-06 § 4, 2009.)

(A) Responsible Parties. The director, in the case of the planning commission and city clerk, in the case of the city council, shall set the time and place of the required public hearings. The hearing body, i.e., the planning commission or city council, may change the time or place of their hearing, or may continue their hearing from time to time.

(B) Public Hearing Notice. Notice of public hearings shall be given in accordance with Title 7 of the California Government Code , as amended, except as indicated below:

(1) For applications that have adjacent parcels which are five acres or larger, the notification radius shall be one thousand feet up to a maximum of twenty-five lots, whichever is greater.

(2) For applications that the director deems to have greater effect than the normal three hundred-foot radius, the director may increase the notification radius to one thousand feet or other appropriate distance.

(Ord. 2009-06 § 4, 2009.)

(A) Planning Commission. The planning commission shall be responsible for the review and approval of conversion permits.

(B) City Council. The city council shall be responsible for the review and approval of conversion permits only upon appeal by an interested party when an appeal is filed in accordance with Section 19.34.120.

(Ord. 2009-06 § 4, 2009.)

No conversion permit shall be issued unless all the findings required by Section 19.34.020 were made.

(Ord. 2009-06 § 4, 2009.)

An appeal of a planning commission decision may be made by an interested party to the city council. The appeal shall be filed within ten calendar days of the commission decision by filing a letter of appeal with the director on forms furnished by the director. The appeal shall be accompanied by the fee established by the city council.

The director shall schedule the appeal for a hearing before the city council within thirty calendar days. Notice of the hearing on the appeal shall be given in the manner and time provided in this chapter not less than ten days before such hearing to each person entitled to notice of the preceding decision.

The city council may affirm, modify, attach additional conditions to the decision which was appealed, or reverse any

planning commission decision, making findings required by this chapter and/or state law. The decision of the city council shall be final.

(Ord. 2009-06 § 4, 2009.)

Cross References Section 19.34.100(B)

An application for a conversion permit on the same property or substantially the same property following the same request, shall not be accepted within one calendar year of the date of denial.

(Ord. 2009-06 § 4, 2009.)

A conversion permit approval shall expire twenty-four months after final approval unless:

(A) The new use has commenced; or

(B) Where improvements are required, applicable permits were issued, and construction has commenced; or

(C) An application for a time extension is filed prior to the expiration of the permit and the planning commission granted the application. If an application for extension is filed prior to the expiration of the permit, one additional year may be granted by the planning commission.

(Ord. 2009-06 § 4, 2009.)

Modifications or revisions to an approved application shall require re-application and shall conform to all of the submittal requirements and fees in effect at the time of application. Only the approving authority shall approve modifications or revisions to approved applications and only after the hearings required in this chapter.

(Ord. 2009-06 § 4, 2009.)

Approved conversion permit applications shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application. All conditions of the application shall continue to apply to the new owner.

(Ord. 2009-06 § 4, 2009.)

Suspension for Violation. Upon violation of any applicable provision of this chapter, or, if the application was granted subject to conditions, upon failure to comply with conditions, the application shall automatically be suspended. The approving authority shall, within forty calendar days of the suspension of the conversion permit, hold a hearing in accordance with the requirements of Chapter 19.40.

(Ord. 2009-06 § 4, 2009.)