Division 1 — BOARDING HOUSES AND GROUP HOMES[[6]]

Footnotes:

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Editor's note— Section 3, Exhibit A, of Ord. No. 1852, adopted June 12, 2012, added divs. 1 and 2, §§ 90271—90-310. Inasmuch as some of those section numbers already exist, to avoid duplication, said provisions have been redesignated to read as herein set out, and the original ordinance section designations have been included as part of the history note following each section.

This article X, as part of the city's overall zoning regulations and in the exercise of its police powers to protect the public health safety and welfare, seeks to preserve the quality and character of the community's single-family and multifamily neighborhoods by limiting, and where appropriate prohibiting, the operation of housing that is commercial or institutional in nature, such as boarding houses and other group homes, to zones within the city that are best suited to accommodate impacts and needs of those housing types. In adopting this article X, the city is mindful that the fair housing laws provide individuals with a disability the right to an equal opportunity to use and enjoy housing, and that the city may need to provide reasonable accommodation in the city's zoning ordinances and policies where necessary to afford disabled persons

such equal opportunity. The city recognizes that group homes providing care and services to six or fewer disabled persons that are required to be and are licensed by the State of California must be allowed to operate in single-family zones as a matter of right and therefore, such uses are excepted from this article X as provided herein. The city recognizes that the fair housing laws do not prohibit the city from regulating the location of large group homes (those providing residency to seven or more disabled individuals whether required to be licensed or not) and small group homes (those providing residency to six or fewer disabled individuals that are not required to be licensed by the state) but that the city must make a reasonable accommodation upon request to the residents of such group homes where such request does not cause an undue financial or administrative burden on the city or result in a fundamental alteration in the nature of the city's zoning regulations. This article X establishes regulations to avoid clustering and overconcentration of such uses subject to the city's reasonable accommodation provisions. Finally, this article X serves to protect all residents from the negative impacts of multiple parolees housed in individual dwellings.

(Ord. No. 1852, § 3(Exh. A, § 90-271), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 1(§ 90-271)), 9-11-12)

For the purposes of this article X, the following definitions shall apply:

Boarding house is defined as provided in section 90-4 of this Code.

Disabled or individual with a disability means an individual with a qualifying disability under federal and state fair housing laws. Generally, any person with any mental or physical impairment, disorder or condition, which substantially limits one or more major life activities, including physical, mental and social activities and working. Disabled or individual with a disability does not include impairments, disorders or conditions resulting from the current, illegal use of or addiction to a controlled substance, sexual behavior disorders, compulsive gambling, kleptomania, or pyromania.

Fair housing laws means the federal Fair Housing Act (42 U.S.C. § 3601 et seq.), the California Community Care Facilities Act (Health and Safety Code § 1500 et seq.), the California Fair Housing and Employment Act (Government Code § 12900 et seq.), and Civil Code § 54, together with published judicial decisions interpreting those laws.

Group home means any boarding house that provides temporary, interim, or permanent housing to individuals where every person residing in the dwelling is an individual with a disability, and the individuals are not living as a single housekeeping unit.

(1)

Large group home means a group home in which seven or more individuals reside, whether the group home is required to be and is licensed by the State of California, or is not required to be licensed by the

State of California. Large group homes do not include small licensed residential care facilities.

(2)

Small group home means a group home in which six or fewer individuals reside and which is not required to be licensed by the State of California. Small group homes do not include small licensed residential care facilities.

(3)

Supportive housing is defined by California Government Code § 65582 and means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible work in the community.

Low barrier navigation center means a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing, as defined in Government Code § 65660.

Multiple-family residential zones means those zones intended for multiple-family residential units as described in section 90-381 and similar sections in chapter 90.

Operator means any entity(ies) or person(s) who owns, manages, or operates a group home or boarding house.

Parolee-probationer means (i) any individual who has been convicted of a federal crime, sentenced to a United States prison, and received conditional or revocable release into the community under the supervision of a federal parole officer: (ii) any individual who has served a term of imprisonment in a state prison and who is serving a period of supervised community custody, as defined in Penal Code § 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; (iii) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release into the community under the supervision of a Youth Authority Parole Officer; (iv) any individual who has been convicted of a felony, sentenced to any correctional facility, including county correctional facilities, and is under the jurisdiction of any federal, state, or county parole or probation officer: or (v) any person released to postrelease community supervision under the "Postrelease Community Supervision Act of 2011" (Penal Code § 3450 et seq.). For purposes of this paragraph "felony" means a felony as defined in any California or United States statute.

Parolee-probationer home means any boarding house, whether owned or operated by an individual or a for-profit or nonprofit entity, which houses two or more parolee-probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee-probationer and/or any public or private entity or person on behalf of the parolee-probationer.

Single-family residential zones means those zones intended for single-family residential units as described in section 90-311 and similar sections in chapter 90.

Single housekeeping unit means an interactive group of persons jointly residing in a single dwelling unit exercising joint responsibility for and use of the dwelling's common areas, jointly sharing household expenses, jointly sharing household activities and responsibilities such as meals, chores, and household maintenance. A boarding house shall not be considered a single housekeeping unit. If a dwelling is leased or rented under a single written or oral lease or rental agreement, the makeup of the group of persons occupying the unit must be determined by the residents of the dwelling, not the landlord or property manager, to be a single housekeeping unit.

ibilities such as meals, chores, and household maintenance. A boarding house shall not be considered a single housekeeping unit. If a dwelling is leased or rented under a single written or oral lease or rental agreement, the makeup of the group of persons occupying the unit must be determined by the residents of the dwelling, not the landlord or property manager, to be a single housekeeping unit.

Small licensed residential care facility means a group home in which six or fewer individuals with a disability or children reside that provides onsite care, treatment or other services to its residents and that is required to be and is licensed by the State of California. Small licensed residential care facilities are exempt from the provisions of this division and shall be treated for purposes of applying the requirements of chapter 90 as a residential use of property occupied by a single housekeeping unit. Small licensed residential care facilities include without limitation the following, provided the number of residents does not exceed six: Intermediate care facilities for the developmentally disabled (Health and Safety Code § 1267.8(c)); congregate living health facilities (Health and Safety Code §§ 1267.8(c), 1267.16(a)); residential community care facilities, including foster family homes, small family homes, social rehabilitation facilities, community treatment facilities, alcohol and drug treatment facilities, and transitional shelter care facilities (Health and Safety Code §§ 1502, 1566.3); residential care facilities for persons with chronic life-threatening illnesses (Health and Safety Code § 1568.0831); residential care facilities for the elderly (Health and Safety Code § 1569.85); pediatric day health and respite care facilities (Health and Safety Code § 1761.4).

Transitional housing is defined by California Government Code § 65582 and means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a type of supportive housing used to facilitate the movement of people experiencing homelessness into permanent housing. A person experiencing homelessness may live in a transitional apartment for a predetermined period of time, however not less than six months while receiving supportive services that enable independent living.

(Ord. No. 1852, § 3(Exh. A, § 90-272), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 2(§ 90-272)), 9-11-12; Ord. No. 1901, § 1(Exh. 1), § 3(Exh. 3), 4-14-15; Ord. No. 1696(2020-008), § 6, 5-12-20; Ord. No. 1972, § 2, 2-9-21; Ord. No. 2034, § 4, 6-11-24)

The provisions of this division shall apply to all boarding houses, parolee-probationer homes and group homes (except small licensed residential care facilities), and to all persons who own, manage, or operate them.

(Ord. No. 1852, § 3(Exh. A, § 90-273), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 3(§ 90-273)), 9-11-12)

(a)

Boarding houses are prohibited in all single-family residential zones. Subject to a conditional use permit, boarding houses are permitted in R-2 and R-3 multiple-family residential zones and O-P commercial zone.

(b)

Large group homes are prohibited in all single-family residential zones. Subject to an administrative use permit, large group homes of ten or fewer residents are permitted in the multiple-family residential zones. Subject to a conditional use permit, large group homes of ten or fewer residents are permitted in the O-P commercial zone. Subject to a conditional use permit, large group homes of 11 or more residents are permitted in the multiple-family residential zones and in the O-P commercial zone.

(c)

Small group homes are permitted in single-family residential zones and R-2 and R-3 multiple-family residential zones, subject to the issuance of a small group home permit as provided in this division. Small group homes are permitted in the O-P commercial zone, subject to the issuance of a conditional use permit.

(d)

Small licensed residential care facilities are permitted in all single-family residential zones, R-2 and R-3 multiple-family residential zones. Small licensed residential care facilities are prohibited in the O-P commercial zone.

(e)

Parolee-probationer homes are prohibited in or adjacent to all single-family residential zones and in all multiple-family residential zones. Subject to a conditional use permit, parolee-probationer homes are permitted in the O-P commercial zone.

(Ord. No. 1852, § 3(Exh. A, § 90-274), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 4(§ 90-274)), 9-11-12; Ord. No. 1929, § 3(Exh. A-3), 6-13-17)

Any individual with a disability, or their representative, or a developer or provider of housing for individuals with a disability may seek a reasonable accommodation from the provisions of chapter 90 under division 2 of this article.

(Ord. No. 1852, § 3(Exh. A, § 90-275), 6-12-12)

(a)

Any person or entity seeking to establish a small group home in a single-family residential or multiple-family residential (R-2 or R-3) zone shall first apply to the director for a small group home permit. The application for a small group home permit shall include the following information:

(1)

Client profile (the subgroup of the population the facility is intended to serve such as single men, families, elderly, minor children, developmentally disabled, etc.);

(2)

The maximum number of occupants and the facility's hours of operation;

(3)

The term of client stay;

(4)

The support services to be provided on-site and projected staffing levels;

(5)

The ownership, permit and license history of the applicant, owner, and operator, if applicable, in previously owning or operating such a dwelling, including the name and addresses of similar homes in the State of California owned or operated within the past five years;

(6)

A certification under penalty of perjury that none of the identified homes have been found by state or local authorities to be operating in violation of state or local law; and

(7)

An operations and management plan, as provided in the Uniform Building Code, and house rules (as defined in section 90-270) of this Code.

(8)

Information demonstrating that the premises are in compliance with, or will prior to occupancy be brought into compliance with, the standards set forth in section 90-270 of this division.

(9)

The applicant must secure the inspection and report of the fire marshal and building official showing that the premises to be used are suitable under applicable uniform building and related codes to safely house the number of persons identified for residency in the dwelling. The building official shall determine the applicable use and occupancy classification for the premises for the purposes of the application of the uniform building and related codes.

(10)

The names of all persons and entities with an ownership or leasehold interest in the use or home, or who will be an operator of the use or home, shall be disclosed in writing to the city, and such persons and entities shall not have a demonstrated pattern or practice of operating similar uses or homes in or out of the city in violation of state or local law.

(11)

The use or home shall provide certification, if available, from a governmental agency or qualified nonprofit organization and such certification is a generally accepted practice or standard among the owners, operators, profession, or industry related to the use or home.

(b)

The director shall grant the permit within 30 days after determining that the application for a small group home permit is complete. The director shall not deny an application for a small group home permit unless the director determines that the application is incomplete or, after reasonable investigation, the director determines that the applicant has provided information that is materially false, misleading or inaccurate or has made material misstatements on the application.

ication for a small group home permit is complete. The director shall not deny an application for a small group home permit unless the director determines that the application is incomplete or, after reasonable investigation, the director determines that the applicant has provided information that is materially false, misleading or inaccurate or has made material misstatements on the application.

(Ord. No. 1852, § 3(Exh. A, § 90-276), 6-12-12)

An application for an administrative use permit shall be filed and processed with the city as provided in section 90-43 et seq., of this chapter. The following additional requirements shall apply to an administrative use permit under this division:

(a)

In addition to the application requirements in section 90-43 et seq., the application shall also include the application requirements noted in section 90-266(a)(1) through (11).

(b)

The director shall grant or deny the permit within 90 days after determining the application for an administrative use permit is complete.

(Ord. No. 1852, § 3(Exh. A, § 90-277), 6-12-12)

An application for a conditional use permit shall be filed and processed with the city as provided in section 90-42 et seq., of this chapter. The following additional requirements shall apply to a conditional use permit under this division:

(a)

In addition to the application requirements in section 90-42 et seq., the application shall also include the application requirements noted in section 90-266(a)(1) through (11).

(b)

In the case of boarding houses and parolee-probationer homes, the director shall ascertain whether or not all persons who will have an ownership or leasehold interest in, or will be an operator of, a boarding house or parolee-probationer home have been convicted of a felony or any crime involving moral turpitude. The city shall cause fingerprints to be taken of the applicant, owner, and operator of such dwelling or facility.

(Ord. No. 1852, § 3(Exh. A, § 90-278), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 5(§ 90-278)), 9-11-12)

In addition to the findings applicable to conditional use permits under section 90-42 et seq., and to administrative use permits under section 90-43 et seq., the decision making body shall make the following supplemental findings before approving or conditionally approving a conditional use permit or administrative use permit granted under this division:

(a)

The boarding house, group home or parolee-probationer home includes sufficient on-site parking and traffic and transportation impacts have been mitigated to a level of insignificance.

(b)

The boarding house, group home or parolee-probationer home conforms to all applicable development standards.

(c)

The property upon and structure(s) within which a boarding house, group home or parolee-probationer home will be located is physically suited to accommodate the use.

(d)

The boarding house, group home or parolee-probationer home will be compatible with the character of the surrounding neighborhood, and the addition or continued maintenance of the use will not contribute to changing the residential character of the neighborhood, such as creating an overconcentration of boarding houses, group homes or parolee-probationer homes in the vicinity of the proposed use. In making this finding or sustaining this finding, the decision making body shall consider as appropriate the following factors:

(1)

The proximity of the boarding house, group home or parolee-probationer home to schools, parks, other similar and related uses, including small licensed residential care facilities, places where alcoholic beverages are sold or distributed to the public and any other uses which could be affected by, or affect the operation of, the use or the health, safety and welfare of the residents.

(2)

The existence of substandard physical characteristics of the area in which the boarding house, group home or parolee-probationer home is to be located such as lot widths, setbacks, narrow streets, limited available parking, nonconforming housing types, physical or economic conditions of blight, and other substandard characteristics which are pervasive in certain areas of the city.

(3)

Whether, in light of the factors applied in subsections (d)(1) and (d)(2) of this section, it would be appropriate to apply the American Planning Association standard of permitting one boarding house, group home or parolee-probationer home per block. For purposes of this paragraph, "block" means an area of land that is bounded on all sides by streets or by streets and a cul-de-sac or by any other form of termination of the street (i.e., dead-end not a cul-de-sac). In applying this factor, the decision making body shall take into consideration circumstances where, because of unusually long block or short block, application of the separation standard in section 90-270(i) would result in less than one use per block or more than two uses per block.

(e)

For boarding houses, group homes or parolee-probationer homes in or adjacent to residential zones:

(1)

The operation of buses, vans, and other similar passenger carrying vehicles, to transport residents to and from off-site activities does not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding areas.

(2)

Arrangement for the delivery of goods are made within the hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties.

(3)

Arrangement for commercial trash collection in excess of usual residential collection are made within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties.

(f)

That none of the homes identified by the applicant in its application have been found by state or local authorities to be operating in substantial or persistent violation of state or local law.

(g)

That none of the persons who will have an ownership or leasehold interest in, or will be operators of, a boarding house or parolee-probationer home, have been convicted of a felony or any crime involving moral turpitude.

(Ord. No. 1852, § 3(Exh. A, § 90-279), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 6(§ 90-279)), 9-11-12)

The following standards shall apply to boarding houses, group homes, and parolee-probationer homes requiring an administrative or conditional use permit or a small group home permit. Violation of any of these standards shall constitute grounds for revoking the permit:

(a)

The property shall be used, maintained, occupied, and/or operated in conformity with a operation and management plan approved by the director and filed with the city. The plan shall ensure compliance with applicable state and local laws, ordinances, and regulations.

(b)

The property shall be used, maintained, occupied and/or operated in such a manner as to not permit public nuisances under article II of chapter 30 of this Code, public offenses under articles I, III and IV of chapter 46 of this Code, illegal parking under article IV of chapter 78 of this Code, and violations of state and federal laws regarding disturbance of the peace, illegal drug activity, public drunkenness, public consumption of alcohol, harassment of passers-by, gambling, solicitation, public urination, theft, assault, battery, vandalism, littering, loitering, solicitation, and lewd conduct.

(c)

The use shall not have any substantial adverse impacts on adjoining properties or land uses and shall be compatible with the character of the surrounding neighborhood.

(d)

The property shall comply with all setback, landscaping and other development standards of the underlying zone.

(e)

Both indoor and outdoor common areas shall be provided on site.

(f)

No care, treatment or other services shall be provided on the property that would require licensure by the State of California. Large group homes holding a current and valid license from the State of California are exempt from this standard.

(g)

There shall be no more than two residents per bedroom (except that three minor children may share a single bedroom), unless the decision-making body approved a higher occupancy limit in issuing the permit. The decision-making body shall not approve a higher occupancy limit unless it finds, based on substantial evidence in the record, that such limit is appropriate given the characteristics of the dwelling, the availability of parking, and the measures taken to adequately protect the public health, safety, peace, comfort, and welfare (including, but not limited to, the reasonable sanitary needs of residents).

(h)

The use or home shall maintain certification, if available, from a governmental agency or qualified nonprofit organization and such certification is a generally accepted practice or standard among the owners, operators, profession, or industry related to the use or home.

(i)

Group homes shall not be located within 300 feet, measured from the property lines, of any other group home, small licensed residential care facility, or parolee-probationer home. All other types of boarding houses, including, but not limited to, parolee-probationer homes, shall not be located within 1,000 feet, measured from the property lines, of any other boarding house, group home, small licensed residential care facility, or parolee-probationer home. Parolee-probationer homes shall not be located within 1,000 feet, measured from the property lines, of any child day care center, public or private elementary or secondary school, park, public library, public swimming pool, a commercial establishment with an on-site children's playground, or any place where classes or group activities for children are regularly held.

(j)

All group homes shall (1) maintain and enforce house rules that, at a minimum, shall provide for the protection of occupant safety and require occupants to register weekly schedules with the onsite house manager; and (2) provide for an onsite house manager who shall be responsible for, at a minimum, enforcement of the house rules and supervision of occupant schedules.

(Ord. No. 1852, § 3(Exh. A, § 90-280), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 7(§ 90-280)), 9-11-12)

(a)

Group homes.

(1)

Any small group home, other than a parolee-probationer home, operating in a single-family residential zone as of the date of the adoption of Hemet Ordinance 1798 (May 27, 2008) may remain in operation provided that a valid use permit, or such other valid permit as was required at the time, was obtained and such facility was in compliance with the applicable standards set forth in chapter 14, buildings and building regulations, and chapter 90, zoning, of this Code, at the time the permit was obtained.

(2)

Any small group home or large group home, other than a parolee-probationer home, operating in the R-2 or R-3 multiple-family residential zones or in the O-P commercial zone as of the date of the adoption of

Ordinance 1798 (May 27, 2008) may remain in operation provided that a valid use permit, or such other valid permit as was required at the time, was obtained and such facility was in compliance with the applicable standards set forth in chapter 14, buildings and building regulations, and chapter 90, zoning, of this Code, at the time the permit was obtained.

(b)

Boarding houses. Any boarding house, other than a parolee-probationer home, operating in the R-2 or R-3 multiple-family residential zones or the O-P commercial zone as of the date of adoption of Ordinance 1798 (May 27, 2008) may remain in operation provided that a valid use permit, or such other valid permit as was required at the time, was obtained and such facility was in compliance with the applicable standards set forth in chapter 14, buildings and building regulations, and chapter 90, zoning, of this Code, at the time the permit was obtained.

(Ord. No. 1852, § 3(Exh. A, § 90-281), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 8(§ 90-281)), 9-11-12; Ord. No. 1929, § 3(Exh. A-3), 6-13-17)

The director may suspend or revoke a permit upon a determination that the boarding house, group home, or parolee-probationer home that is the subject of the permit violated any provisions of this division or any condition of the permit. Prior to such suspension or revocation, the granting authority shall set and conduct a hearing wherein the permit holder shall have the opportunity to be heard and present evidence in his/her defense. After such hearing the granting authority shall notify the permit holder in writing as to the outcome of the hearing. In the event that the permit is suspended or revoked, the permit holder may appeal to the city council but must do so within ten days of the date of the notification. The city council shall hear the appeal within ten days after the date of receipt of the notice of appeal.

(Ord. No. 1852, § 3(Exh. A, § 90-282), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 9(§ 90-282)), 9-11-12)

Any city official or authorized representative charged with enforcement responsibilities under this Municipal Code, state law or other government authority may enter and inspect the premises or perform any duty imposed by the municipal code or by state law, provided the owner, managers, operators, or lawful

occupant(s) has consented to the inspection. The refusal by an owner, manager, operator, or occupant to permit such entry and inspection may be considered in any proceeding to suspend or revoke the permit.

(Ord. No. 1852, § 3(Exh. A, § 90-283), 6-12-12)

Secs. 90-274—90-280. - Reserved.