Commerce Municipal Code Div. 2 Community Care Facilities

A. Intent and Purpose. The city recognizes the need of all persons to have equal access to housing and to live in an environment that facilitates the development of healthy individuals, families, and community. The city also recognizes the need to preserve the character of its residential neighborhoods and to ensure that all uses within those neighborhoods contribute to the overall health and safety of the neighborhoods. Therefore, the city establishes these regulations for nontraditional residential facilities that are permitted in the R-3 zone subject to conditional use permit review and approval.

B. Applicability. These regulations shall apply to all community care facilities housing more than six unrelated persons living together. A community care facility or group home which serves six or fewer residents shall be considered a residential use of property and shall not be subject to these regulations.

(Ord. 544 § 1(part), 2000).

A. As indicated in Table 19.07.020A, community care facilities are permitted in the R-3 zone, subject to conditional use permit review and approval. The planning commission may use the following grounds to deny a conditional use permit:

1. Approval of the proposed facility would result in an overconcentration of such facilities within the neighborhood where the facility is to be operated. For the purposes of this Title 19, "overconcentration" shall mean that one or more similar approved uses is located within three hundred feet of the proposed facility; or

2. The proposed facility is located within one mile of an elementary school and a person who has been convicted of a sex offense against a minor, pursuant to Section 1564 of the Health and Safety Code, resides in the facility and such residence will continue after the permit is granted; or

3. Such use cannot be sufficiently conditioned to make it compatible with surrounding uses.

B. Any violation of Section 1564 of the Health and Safety Code shall be cause for revocation of the conditional use permit.

(Ord. 544 § 1(part), 2000).