Chapter 8.19 — GROUP HOMES FOR THE DISABLED WHICH ARE NOT LICENSED BY THE STATE

The city has prohibited boarding houses in all RS districts and the RM-12 and RM-16 zoning districts. The city, however, recognizes that a group home for the disabled may fall under the definition of a boarding house. The city also recognizes that as a reasonable accommodation to those deemed disabled, it may be necessary to allow a group home for the disabled which is not licensed by the state of California to locate within these zoning districts. The city acknowledges that such group homes for the disabled provide a valuable service to the disabled but also recognizes that a boarding house can adversely affect the health, safety, comfort and general welfare when allowed to locate within the RS, RM-12, and RM-16 zoning districts. The purpose of this chapter is to address community problems that are associated with group homes for the disabled; provide opportunities for the operation of such group homes to be conducted in a mutually beneficial relationship with the community; ensure that there is no degradation of the community; and to prevent conduct that is contrary to the purpose of this chapter.

(Ord. 7111 § 1 (part), 2007)

For the purposes of this chapter, the following definitions shall apply:

A.

"Group home for the disabled" means any home, residence, facility, or premises which provides temporary, interim, or permanent housing to persons who are disabled as defined in state or federal law in a group setting where such home, residence, facility, or premises is not licensed by the state of California.

B.

"Operator" means any corporation or person(s) who owns, manages, or operates a group home for the disabled.

C.

"Reasonable accommodation permit" means the process by which an operator may seek from the city an accommodation in rules, policies, practices, or services when such accommodation may be necessary to afford the disabled equal opportunity to use and enjoy a dwelling.

D.

"Boarding house" as defined in Chapter 17 (zoning code) of this code.

E.

"Disabled" as defined in state or federal law.

(Ord. 7111 § 1 (part), 2007)

The provisions of this chapter shall apply to group homes for the disabled and to all persons who own, manage, or operate them when such group home meets the definition of a boarding house and is allowed to locate in any RS district, RM-12, or RM-16 zoning district pursuant to a reasonable accommodation.

(Ord. 7111 § 1 (part), 2007)

Any person who owns, manages, or operates a group home for the disabled which is not licensed by the state of California and seeks to operate such a group home in the RS, RM-12, or RM-16 zoning district pursuant to a "reasonable accommodation" shall obtain a reasonable accommodation permit from the city. No person shall operate such a group home without first having obtained such a written permit.

A.

An application for such permits shall be filed with the city and shall be in writing on forms provided by the city.

B.

The city shall investigate and shall ascertain whether the proposed group home qualifies for the reasonable accommodation and shall further ascertain whether or not all persons directly or indirectly interested in the permit or in the proposed group home as owner, partner, officer, manager, employee or other person to be in charge of the group home have been convicted of a felony or any crime involving moral turpitude. The city shall cause fingerprints to be taken of the applicant and any other person referred to in this subsection.

C.

The fire chief and building official shall ascertain whether the premises to be used comply with applicable laws, ordinances and regulations concerning such premises.

D.

The city shall notify the applicant in writing within 30 days after the filing of the completed application for a reasonable accommodation permit that the application has been granted or denied. In event of denial, the applicant may appeal to the city but must do so within 10 days of the date of the notification. The city shall hear the appeal within 10 days of the date of receipt of the notice of appeal.

(Ord. 7111 § 1 (part), 2007)

A.

A group home for the disabled located in the RS, RM-12, or RM-16 zoning district pursuant to a reasonable accommodation permit shall comply with the following standards:

It shall not result in adverse effects to the health, welfare, peace, or safety of persons in the surrounding area;

It shall not jeopardize or endanger the public health, welfare, or safety of persons in the surrounding area;

It shall not adversely affect the livability of the surrounding neighborhood as a result of inadequate maintenance, prohibited activities, and/or operating characteristics;

It shall not result in nuisance activities, including, but not limited to, disturbance of the peace, illegal drug activity, public drunkenness, public consumption of alcohol, harassment of passers-by, gambling, public urination, theft, assault, battery, vandalism, littering, loitering, illegal parking, loud noises, lewd conduct, or police detentions and/or arrests;

It shall not result in violation of any applicable provision of any other city, state, or federal regulation, ordinance or statute;

It shall not be located within 500 feet, measured from the property lines, of any other boarding house or group home facility, whether or not such facility is licensed by the state. State licensed facilities which do not have separation requirements shall not be used in calculating the distance requirement established herein.

It shall have no more than 6 boarders, tenants or renters.

B.

A group home for the disabled operating in a single family residential zone as of the date of the adoption of this ordinance may remain in operation provided that the operator shall apply for and obtain the reasonable accommodation permit established herein. The home shall be exempt from the distance requirement set forth above provided the operator and the home are in full compliance with all other operational standards.

(Ord. 7111 § 1 (part), 2007)

The city manager's designee may suspend or revoke the operator's permit upon a determination that the holder of the permit has violated any provisions of this chapter or has allowed on the premises any infraction or violation of law. Prior to such suspension or revocation the designee, 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 hearing officer 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 manager but must do so within 10 days of the date of the notification. The city manager shall hear the appeal within 10 days after the date of receipt of the notice of appeal.

(Ord. 7111 § 1 (part), 2007)

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, operator, 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 operator's permit.

(Ord. 7111 § 1 (part), 2007)