Chapter 17.272 — COMMUNITY CARE FACILITIES

Chapter 17.272 - COMMUNITY CARE FACILITIES[[24]]

Footnotes:

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Editor's note— Ord. No. 348.4835, § 1, adopted June 21, 2016, repealed the former Ch. 17.272, §§ 17.272.010—17.272.040, and enacted a new Ch. 17.272 as set out herein. The former Ch. 17.272 pertained to congregate care residential facilities. See Code Comparative Table and Disposition List for complete history.

17.272.010 - Group facilities.

A.

Residential facility. A state licensed home, group care facility or similar facility for 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.

1.

As provided in California Health and Safety Code Section 1566.3, residents and operators of a residential facility that serves six or fewer persons shall be considered a family and the residential facility shall be considered a residential use of property.

2.

A residential facility that serves six or fewer persons shall be allowed as a use by right in the following zoning classifications: R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-4, R-6, R-T, R-T-R, A-D, A-P, A-1, A-2, C-V, WC-W, WC-WE, WC-R, WC-E, W-2, W-2-M, R-D and N-A.

3.

A residential facility that serves six or fewer persons shall comply with the development standards for onefamily or multiple family dwellings, as applicable, located within the same zone.

4.

A residential facility that serves six or fewer persons shall comply with all applicable federal, state and local laws, and all applicable federal, state and local health and safety regulations including, but not limited to,

Fire and Building Code regulations.

5.

A residential facility that serves seven or more persons is allowed in the following zoning classifications with an approved conditional use permit in accordance with Section 18.28 of this ordinance: R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-4, R-6, R-T, R-T-R, A-D, A-P, A-1, A-2, C-V, WC-W, WC-WE, WC-R, WC-E, W-2, W-2-M, R-D, N-A, C-1/C-P, C-P-S, C-R and C-O.

6.

A residential facility that serves seven or more persons shall comply with the following:

a.

Conform to the development standards for the zoning classification in which it is located.

b.

Except for foster family homes, be separated from another licensed Residential Facility by a minimum of three hundred (300) feet measured lot line to lot line.

c.

In addition to the zoning classification's requirements, provide landscaping in compliance with Ordinance No. 859.

d.

Provide outdoor lighting in compliance with Ordinance No. 915 and Ordinance No. 655.

e.

Conduct indoor and outdoor activities in compliance with Ordinance No. 847.

f.

All applicable federal, state and local laws, and all applicable federal, state and local health and safety regulations including, but not limited to, Fire and Building Code regulations.

B.

Residential care facility. A state licensed place, building or similar facility for persons with a chronic, lifethreatening illness who are eighteen years of age or older or are emancipated minor, and for family units as provided in Health and Safety Code Section 1568.01.

1.

As provided in California Health and Safety Code Section 1568.0831, residents and operators of a residential care facility that serves six or fewer persons shall be considered a family and the residential care facility shall be considered a residential use of property.

2.

A residential care facility that serves six or fewer persons shall be allowed as a use by right in the following zoning classifications: R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-4, R-6, R-T, R-T-R, A-D, A-P, A-1, A-2, C-V, WC-W, WC-WE, WC-R, WC-E, W-2, W-2-M, R-D and N-A.

3.

Residential care facility that serves six or fewer persons shall comply with the development standards for one-family or multiple family dwellings, as applicable, located within the same zone.

4.

A residential care facility that serves six or fewer persons shall comply with all applicable federal, state and local laws, and all applicable federal, state and local health and safety regulations including, but not limited to, Fire and Building Code regulations.

5.

A residential care facility that serves seven or more persons is allowed in the following zoning classifications with an approved conditional use permit in accordance with section 18.28 of this ordinance: R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-4, R-6, R-T, R-T-R, A-D, A-P, A-1, A-2, C-V, WC-W, WC-WE, WC-R, WC-E, W-2, W-2-M, R-D, N-A, C-1/C-P, C-P-S, C-R and C-O.

6.

A residential care facility that serves seven or more persons shall comply with the following:

a.

Conform to the development standards for the zoning classification in which it is located.

b.

Be separated from another licensed residential care facility by a minimum of three hundred (300) feet measured lot line to lot line.

c.

In addition to the zoning classification's requirements, provide landscaping in compliance with Ordinance No. 859.

d.

Provide outdoor lighting in compliance with Ordinance No. 951 and Ordinance No. 655.

e.

Conduct indoor and outdoor activities in compliance with Ordinance No. 847.

f.

All applicable federal, state and local laws, and all applicable federal, state and local health and safety regulations including, but not limited to, Fire and Building Code regulations.

C.

Residential care facility for the elderly. A state licensed housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision or personal care, or health-related services are provided, based upon their varying needs.

1.

As provided in California Health and Safety Code Section 1569.85, residents and operators of a residential care facility for the elderly that serves six or fewer persons shall be considered a family and the residential care facility for the elderly shall be considered a residential use of property.

2.

A residential care facility for the elderly which serves six or fewer persons shall be allowed as a use by right in the following zoning classifications: R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-4, R-6, R-T, R- T-R, A-D, A-P, A-1, A-2, C-V, WC-W, WC-WE, WC-R, WC-E, W-2, W-2-M, R-D and N-A.

3.

A Residential Care Facility for the Elderly which serves six or fewer person shall comply with the development standards for one-family or multiple family dwellings, as applicable, located in the same zoning classification.

4.

A residential care facility for the elderly that serves six or fewer persons shall comply with all applicable federal, state and local laws, and all applicable federal, state and local health and safety regulations including, but not limited to, Fire and Building Code regulations.

5.

A residential care facility for the elderly that serves seven or more persons is allowed in the following zoning classifications with an approved conditional use permit in accordance with section 18.28 of this ordinance: R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-4, R-6, R-T, R-T-R, A-D, A-P, A-1, A-2, C-V, WC-W, WC-WE, WC-R, WC-E, W-2, W-2-M, R-D, N-A, C-1/C-P, C-P-S, C-R and C-O.

6.

A residential care facility for the elderly that serves seven or more persons shall comply with the following:

a.

Conform to the development standards for the zoning classification in which it is located.

b.

In addition to the zoning classification's requirements, provide landscaping in compliance with Ordinance No. 859.

c.

Provide outdoor lighting in compliance with Ordinance No. 915 and Ordinance No. 655.

d.

Conduct indoor and outdoor activities in compliance with Ordinance No. 847.

e.

All applicable federal, state and local laws, and all applicable federal, state and local health and safety regulations including, but not limited to, Fire and Building Code regulations.

D.

Alcohol or drug abuse treatment facility. A state licensed premises, place or building that provides 24 hour residential non-medical services to adults who are recovering from problems related to alcohol, drug or alcohol and drug misuse or abuse, and who need alcohol, drug or alcohol and drug recovery treatment or detoxification services.

1.

As provided in California Health and Safety Code Section 11834.23, residents and operators of an alcohol or drug abuse treatment facility shall be considered a family and the alcohol or drug abuse treatment facility shall be considered a residential use of property.

2.

An alcohol or drug abuse treatment facility which serves six or fewer persons shall be allowed as a use by right in the following zoning classifications: R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-4, R-6, R- T, R-T-R, A-D, A-P, A-1, A-2, C-V, WC-W, WC-WE, WC-R, WC-E, W-2, W-2-M, R-D and N-A.

3.

An alcohol or drug abuse treatment facility which serves six or fewer persons shall comply with the development standards for one-family or multiple family dwellings, as applicable, located within the same zoning classification.

4.

An alcohol or drug abuse treatment facility that serves six or fewer persons shall comply with all applicable federal, state and local laws and all applicable federal, state and local health and safety regulations including, but not limited to, Fire and Building Code regulations.

5.

An alcohol or drug abuse treatment facility that serves seven or more persons is allowed in the following zoning classifications with an approved conditional use permit in accordance with section 18.28 of this ordinance: R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-4, R-6, R-T, R-T-R, A-D, A-P, A-1, A-2, C- V, WC-W, WC-WE, WC-R, WC-E, W-2, W-2-M, R-D and N-A, C-1/C-P, C-P-S, C-R and C-O.

6.

An alcohol or drug abuse treatment facility that serves seven or more persons shall comply with the following:

a.

Conform to the development standards for the zoning classification in which it is located.

b.

Be separated from another licensed alcohol or drug abuse treatment facility by a minimum of three hundred (300) feet measured lot line to lot line.

c.

In addition to the zoning classification's requirements, provide landscaping in compliance with Ordinance No. 859.

d.

Provide outdoor lighting in compliance with Ordinance No. 915 and Ordinance No. 655.

e.

Conduct indoor and outdoor activities in compliance with Ordinance No. 847.

f.

All applicable federal, state and local laws and all applicable federal, state and local health and safety regulations, including but not limited to, Fire and Building Code regulations.

E.

Sober living home. A dwelling or other similar facility not requiring a state license for a group living arrangement for persons recovering from alcoholism or drug addiction where the facility provides no onsite care, services or supervision.

1.

A sober living home shall be considered a residential use of property.

2.

A sober living home shall be allowed as a use by right in the following zoning classifications: R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-4, R-6, R-T, R-T-R, A-D, A-P, A-1, A-2, C-V, WC-W, WC-WE, WC-

R, WC-E, W-2, W-2-M, R-D and N-A.

3.

A sober living home shall comply with the development standards for one-family or multiple family dwellings, as applicable, located within the same zone.

4.

A sober living home shall demonstrate all of the following characteristics:

a.

The sober living home is being used as a residence for persons recovering from alcohol and/or drug misuse or abuse and participating in recovery programs;

b.

The sober living home observes and promotes a zero tolerance policy regarding the consumption or possession of alcohol and controlled substances, except for prescription medications obtained and used under direct medical supervision;

c.

The sober living home has a written policy dealing with the use of drugs or alcohol;

d.

There are no on-site services such as, but not limited to, educational counseling, counseling sessions, treatment or recovery planning or detoxification;

e.

The sober living home maintains current membership in a recognized nonprofit organization of sober living homes that provides a credible quality assurance service for applicants or members or has received a sober living home certificate from the State of California Department of Alcohol and Drug Programs. For purposes of this article, a recognized nonprofit organization means a nonprofit organization that is a member of or affiliated with a national organization which has the primary function of improving the quality of sober living homes through standards and education;

f.

Owners, managers, operators and residents ensure that the sober living home and its use comply with all applicable federal, state and local laws, and all applicable federal, state and local health and safety regulations including, but not limited to, Fire and Building Code regulations.

(Ord. No. 348.4835, § 1, 6-21-2016)

A.

Developmentally disabled care facility. A State licensed facility that includes intermediate care facilities/developmentally disabled, intermediate care facilities/developmentally disabled-habilitative and intermediate care facilities/developmentally disabled-nursing, as further defined in Health and Safety Code Section 1250, which provides twenty-four (24) hour personal care, habilitation, developmental and supportive health services to developmentally disabled persons who have intermittent recurring needs for nursing services.

1.

As provided in California Health and Safety Code Section 1267.8, a Developmentally Disabled Care Facility which serves six or fewer persons shall be considered a residential use of property and allowed as a use by right in the following zoning classifications: R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-4, R-6, R- T, R-T-R, A-D, A-P, A-1, A-2, C-V, WC-W, WC-WE, WC-R, WC-E, W-2, W-2-M, R-D and N-A.

2.

A developmentally disabled care facility which serves six or fewer persons shall comply with the development standards for one-family or multiple family dwellings, as applicable located in the same zoning classification.

3.

A developmentally disabled care facility that serves six or fewer persons shall comply with all applicable federal, state and local laws, and all applicable federal, state and local health and safety regulations including, but not limited to, Fire and Building Code regulations.

4.

A developmentally disabled care facility that serves seven or more persons are allowed in the following zoning classifications with an approved conditional use permit in accordance with section 18.28 of this ordinance: R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-4, R-6, R-T, R-T-R, A-D, A-P, A-1, A-2, C- V, WC-W, WC-WE, WC-R, WC-E, W-2, W-2-M, R-D and N-A, C-1/C-P, C-P-S, C-R and C-O.

5.

A developmentally disabled care facility that serves seven or more persons shall comply with the following:

a.

Conform to the development standards for the zoning classification in which it is located.

b.

Be separated from another licensed developmentally disabled care facility by a minimum of three hundred (300) feet measured lot line to lot line.

c.

In addition to the zoning classification's requirements, provide landscaping in compliance with Ordinance No. 859.

d.

Provide outdoor lighting in compliance with Ordinance No. 915 and Ordinance No. 655.

e.

Conduct indoor and outdoor activities in compliance with Ordinance No. 847.

f.

All applicable federal, state and local laws, and all applicable federal, state and local health and safety regulations, including but not limited to, Fire and Building Code regulations.

B.

Congregate living health facility. A state licensed facility with a non-institutional, home-like environment with no more than eighteen (18) beds which provides inpatient care, including the following basic services: medical supervision, twenty-four hour skilled nursing and supportive care, pharmacy, dietary, social recreation and at least one type of service specified in Section 1250(i)(2) of the Health and Safety Code, as may be amended from time to time.

1.

As provided in California Health and Safety Code Section 1267.16, a Congregate Living Health Facility which serves six or fewer persons shall be considered a residential use of property and allowed as a use by right in the following zoning classifications: R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-4, R-6, R- T, R-T-R, A-D, A-P, A-1, A-2, C-V, WC-W, WC-WE, WC-R, WC-E, W-2, W-2-M, R-D and N-A.

2.

A congregate living health facility which serves six or fewer persons shall comply with the development standards for one-family or multiple family dwellings, as applicable, located in the same zoning classification.

3.

A congregate living health facility that serves six or fewer persons shall comply with all applicable federal, state and local laws, and all applicable federal, state and local health and safety regulations including, but not limited to, Fire and Building Code regulations.

4.

A congregate living health facility of more than six beds for persons who are terminally ill or who are catastrophically and severely disabled is allowed in the following zoning classifications with an approved conditional use permit in accordance with section 18.28 of Ordinance No. 348: C-1/C-P, C-P-S, C-R and C- O.

5.

A congregate living health facility of more than six beds for persons who are terminally ill or who are catastrophically and severely disabled shall comply with the following:

a.

Conform to the development standards for the zoning classification in which it is located.

b.

Be separated from another licensed congregate living health facility by a minimum of one thousand (1,000) feet measured lot line to lot line.

c.

In addition to the zoning classification's requirements, provide landscaping in compliance with Ordinance No. 859.

d.

Provide outdoor lighting in compliance with Ordinance No. 915 and Ordinance No. 655.

e.

Conduct indoor and outdoor activities in compliance with Ordinance No. 847.

f.

All applicable federal, state and local laws, and all applicable federal, state and local health and safety regulations including, but not limited to, Fire and Building Code regulations.

(Ord. No. 348.4835, § 1, 6-21-2016)