Chapter 19.84 — RESIDENTIAL CARE FACILITIES

The state has enacted laws and regulations with the intent to provide for the care of persons with special needs, in an appropriate environment. The purpose of this chapter is to implement said laws and regulations and provide facilities for the care of persons with needs.

(Code 1972, § 19.84.010)

(a)

The following uses are permitted:

(1)

Care facilities for abused persons.

(2)

Care facilities for dependent or neglected children.

(3)

Care facilities for persons that are mentally disordered or handicapped.

(4)

Congregate care facility.

(5)

Convalescent care facility.

(6)

Elderly and/or senior care facility.

(7)

Substance abuse recovery or treatment facility.

(b)

Other similar uses: Approved by the director of planning and community development, as provided by chapter 19.54.

(Code 1972, § 19.84.020)

(a)

Requirements. Operation of a large residential care facility shall be subject to the review and approval of a large residential care permit by the director of planning and community development in accordance with the following:

(1)

Not less than ten days prior to the decision date by the director of planning and community development, the city shall mail notices of the proposed use to all property owners, as shown on the last equalized assessment rolls within a 100-foot radius of the property boundaries, of the proposed large residential care facility site.

(2)

A decision on the permit shall be made by the director of planning and community development within a 28-day period, without a formal hearing, unless a hearing is requested by either the applicant or other affected persons. For the purpose of this chapter, an affected person shall mean a person who owns, lives, or works within a 100-foot radius of the proposed facility. The written hearing request must be filed with the department of planning and community development. If so requested, the hearing shall be scheduled for the next available public hearing and the city council shall hear the request. Noticing for said hearing shall be the same. Unless otherwise requested, the decision of the director shall be final.

(b)

Agency clearances. Proper state licensing shall be obtained prior to operation, including provisions for fire department clearance.

(c)

Large residential care permit requirements.

(1)

Development standards. In accordance with the purpose of this chapter, all large residential care facilities shall comply with the following development standards:

a.

The site shall conform to all applicable zoning and building codes.

b.

The minimum required parking as stipulated within this development code shall be provided. In addition, one off-street parking space for each outside employee shall be provided and maintained. Said parking may be provided on the driveway. Should persons of need residing at the facility have a vehicle, one off- street parking space for a vehicle shall be provided and maintained. No on-street parking is permitted.

c.

The site shall maintain its residential character.

(2)

Findings for granting permit.

a.

The site complies with all zoning criteria and development standards for the zoning district in which the large residential care facility is located.

b.

The use is incidental and subordinate to its use as a residence.

c.

The facility is located more than 500 feet from any other large residential care facility, or care center, or the director determines that over concentration or facilities within the areas will not result from the facility.

d.

The facility has adequate off-street parking for the primary residential use and each employee and resident, if applicable.

e.

Access will not interfere with traffic and circulation of the neighborhood and can be facilitated in a safe and effective manner.

f.

Design will minimize excessive noise impacts to adjoining properties.

(3)

Conditions of approval. The applicant will be required to comply with all of the following requirements:

a.

Applicable provisions of the uniform building code and other codes, as adopted by the city.

b.

Any standards promulgated by the state fire marshal and the county fire department relating to the subject of fire and life safety in large residential care facilities, and the applicable provisions of uniform fire code.

c.

Be licensed or deemed exempt from licensure by the state for seven to 12 persons.

d.

Operators reside at the residence. Additional care givers, required under the state health and safety code, need not live in the residence.

e.

No signs advertising the use of the property as a large residential care facility shall be permitted.

f.

Any conditions imposed by the director of planning and community development, deem necessary to satisfy the requirements of the necessary findings.

(d)

Residential care center.

(1)

Requirements. Operation of a residential care center shall be subject to the review and approval of a conditional use permit.

(2)

Development standards. A residential care center shall be developed and operated in the following manner:

a.

The parcel upon which the residential care center is to be established shall conform to all standards of the zoning district.

b.

The facility shall comply with all local, state, and federal requirements.

c.

If individual residential units are provided, the minimum floor area for each shall be as follows:

Studio: 410 square feet.

One-bedroom: 510 square feet, if kitchen-dining or living areas are combined, otherwise 570 square feet.

Two-bedroom: 610 square feet, if kitchen-dining or living areas are combined, otherwise 670 square feet.

d.

Indoor common areas and living units shall be handicap adaptable and be provided with all necessary safety equipment, as well as emergency signs/intercom systems as determined by the director.

e.

Common recreational and entertainment facilities of a size and scale consistent with the number of residents shall be provided. The minimum size shall be 100 square feet per resident.

f.

Project shall be designed to provide maximum security for residents, guests and employees.

g.

Trash receptacles shall be provided on the premises. Trash enclosure shall meet city standards, as on file with the building division.

h.

Bus turn-out and shelter on the on-site arterial frontage shall be dedicated, if the project is located on a bus route, as determined by the director.

i.

Parking shall be as stipulated within chapter 19.69. However, should alternative parking be needed, a parking analysis may incorporate facility sponsored transportation, public transportation, and alternative means of transportation for residents, employees, and guests.

j.

Adequate lighting and striping of paved parking and access areas shall be provided, including loading and shuttle facility.

(3)

Findings for granting approval.

a.

Adjacent land uses shall not constitute a hazard to the facility.

b.

Site complies with all zoning criteria and development standards for the zoning district.

c.

Facility has a minimum outdoor activity space of 50 square feet per resident.

d.

Facility is located more than 500 feet from any other similar facility or the director determines that an over concentration of facilities within the area will not occur.

e.

Facility has adequate off-street parking for employees, residents, and guests.

f.

Access and drop-off facilities will not interfere with traffic and circulation on the area and on-site.

g.

Facility will not materially reduce the privacy or use otherwise enjoyed by the adjoining properties.

h.

Design will minimize excessive noise and traffic impacts to adjoining properties.

(4)

Conditions of approval. The applicant and operator shall be required to:

a.

Comply with the applicable provisions of the uniform building code and other codes, as adopted by the city.

b.

Comply with any standards promulgated by the state fire marshal and the county fire department relating to the subject of fire and life safety in residential care centers and the applicable provisions of the uniform fire code.

c.

Be licensed or deemed exempt from licensure by the state for more than 12 persons.

d.

Operators reside at the residence. Additional care givers required under the state health and safety code need not live in the residence.

e.

Comply with any conditions imposed by the planning and community development deemed necessary to satisfy the requirements for findings of fact.

(5)

Agency clearances. Proper state licensing shall be obtained prior to operation, including provisions for fire department clearance.

(Code 1972, § 19.84.030)