Los Altos Municipal Code Art. 6 Residential Care Facilities

The purpose of this section is to establish provisions for the review of residential care facilities. The established provisions of this chapter shall allow for all proposed residential care facilities to be a use by right in zones where residential structure(s) and use(s) are allowed or existing at the time this code was established.

(Ord. No. 2023-503, § 4(App. D), 11-28-2023)

"Residential care facility" or "residential care facilities" shall be defined consistent with the California Health and Safety Code Section 1502 which may be amended from time to time. The following shall constitute a residential care facility within the City of Los Altos:

"Community care facility" means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:

a.

"Residential facility" means any family home, group care facility, or similar facility determined by the director, for 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.

b.

"Adult day program" means any community-based facility or program that provides care to persons eighteen (18) years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a twenty-four (24) hour basis.

c.

"Therapeutic day services facility" means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a twenty-four (24) hour basis to persons under eighteen (18) years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.

d.

"Foster family agency" means any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Private foster family agencies shall be organized and operated on a nonprofit basis.

e.

"Foster family home" means any residential facility providing twenty-four (24) hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.

f.

"Small family home" means any residential facility, in the licensee's family residence, that provides twenty- four (24) hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.

g.

"Social rehabilitation facility" means any residential facility that provides social rehabilitation services for no longer than eighteen (18) months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.

h.

"Community treatment facility" means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.

(Ord. No. 2023-503, § 4(App. D), 11-28-2023)

The districts established by this section shall allow residential care facilities by-right and are designated as follows:

Single-Family District (R1-10);

Single-Family District (R1-H);

Single-Family District (R1-20);

Single-Family District (R1-40);

Single-Story Single-Family Overlay District (R1-S);

Multiple-Family District (R3-4.5);

Multiple-Family District (R3-5);

Multiple-Family District (R3-3);

Multiple-Family District (R3.1.8);

Multiple-Family District (R3-1);

Office-Administrative District (OA);

Office-Administrative District (OA-1 and OA-4.5);

Commercial Downtown/Multiple-Family District (CD/R3);

Commercial Neighborhood District (CN);

Commercial Downtown District (CD);

Commercial Retail Sales District (CRS);

Commercial Thoroughfare District (CT);

Commercial Retail Sales/Office District (CRS/OAD);

Planned Community (PC);

Planned Unit Development (PUD).

(Ord. No. 2023-503, § 4(App. D), 11-28-2023)

A.

No residential care facility regardless of size shall require discretionary review to establish use and operation within the City of Los Altos. This provision is only applicable to the allowed use and does not apply to any discretionary review required by other chapters within the code for the establishment or modification of any structure within the City of Los Altos.

B.

Any required building permit shall be obtained from the development services department prior to establishing the use and operation within the City of Los Altos.

C.

Any required license or permit by the California Department of Social Services (CDSS) or the California Department of Health Care Services (DHCS) that is required shall be obtained prior to establishing use and operation within the City of Los Altos.

(Ord. No. 2023-503, § 4(App. D), 11-28-2023)

All residential care facilities shall meet the standard development standards for the zone in which it is located. No additional or special development standards shall be imposed on any residential care facility.

(Ord. No. 2023-503, § 4(App. D), 11-28-2023)