Chapter 85.20 — UNLICENSED RESIDENTIAL CARE FACILITIES PERMIT

It is the purpose of this Chapter to provide an expedited process for the County review and authorization of small unlicensed residential care facilities in compliance with all applicable requirements of this Development Code. (Ord. 4230, passed - -2014)

(a) When Required . An unlicensed residential care facilities permit shall be required to authorize:

(1) Compliance with Division 2 (Land Use Zoning District and Allowed Land Uses) . The establishment of a small unlicensed residential care facility serving six or fewer persons that is allowed by a Land Use Zoning District subject to a residential care facilities permit in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses); provided, the use complies with all applicable performance standards identified in this Development Code as provided in Chapter 84.32 (Small Unlicensed Residential Care Facilities);

(2) An Existing Unlicensed Residential Care Facility Use . The operator of an existing unlicensed residential care facility that does not have a permit issued in compliance with this Chapter must seek the issuance of an unlicensed residential care facility permit to continue the use. If the facility is not a small unlicensed residential care facility but is serving seven or more persons in a RM (Multiple Residential) Land Use Zoning District, the operator must seek and obtain an approved Conditional Use Permit. The operator may also seek a reasonable accommodation for this use.

(3) Change of Operator . Any time that there is a change of operators of an existing facility a new permit must be obtained in that, contrary to other permits required by this Code, the unlicensed residential care facility permit is issued to the operator as opposed to the use to ensure any and all new operators commit to complying with the standards set forth in Chapter 84.32.

(b) Exempt from CEQA . An unlicensed residential care facilities permit application shall be determined exempt from the California Environmental Quality Act (CEQA) in compliance with state law and the County’s Environmental Review Guidelines or it shall be processed as a Conditional Use Permit or Minor Use Permit. (Ord. 4230, passed - -2014)

(a) Compliance with Division 5 (Permit Application and Review Procedures) . The unlicensed residential care facilities permit procedure is intended to provide a less complex and more streamlined review than the review required for a Conditional Use Permit or Minor Use Permit. The project planner shall review the application in compliance with Division 5 (Permit Application and Review Procedures).

• (b) Procedure . Staff review without notice.

• (c) Review Authority . Director.

(d) New Construction . In issuing an unlicensed residential care facilities permit for new construction the Director shall first confirm that the request satisfies all of the following criteria:

(1) The unlicensed residential care facility is in compliance with the applicable provisions of Chapter 84.32 (Unlicensed Residential Care Facilities) of this Development Code; and

(2) The proposed site and any unlicensed residential care facility existing on the site shall not be in violation of any applicable provision of this Development Code, except for nonconforming uses and structures in compliance with

Chapter 84.17 (Nonconforming Uses and Structures).

(e) Reuse of Existing Structure(s) . In issuing an unlicensed residential care facilities permit that proposes to establish an unlicensed residential care facility in an existing structure, the Director shall first confirm that the request satisfies all of the following criteria in addition to those identified in Subdivision (d), above:

(1) The required number of parking spaces and driveway and parking lot improvements shall be provided and maintained in compliance with Chapter 83.11 (Parking and Loading Standards);

(2) The proposed facility and all existing structures are in compliance with all requirements of previously approved entitlements (e.g., Minor Use Permits, Conditional Use Permits, or Variances, etc.) including conditions of approvals.

(f) On-Site Inspection . An application for an unlicensed residential care facilities permit may require that the Director perform an on-site inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and provisions identified in this Section.

(g) Contact Person . The contact information for the owner/operator of the project will be extracted from the application of all approved permits and posted on the Land Use Services website to include the following information: name, mailing address, email address and phone number.

(h) Findings . Before granting an application for an unlicensed residential care facilities permit, the review authority shall make the following findings:

(1) The project complies with all applicable performance standards identified in this Development Code.

(2) There is supporting infrastructure, existing or available, consistent with the intensity of development, to accommodate the proposed development without significantly lowering service levels.

(3) The proposed use and manner of development are in compliance with the goals, maps, policies, and standards of the General Plan, and any applicable community plan or specific plan.

(4) The proposed unlicensed residential care facility and manner of development are exempt from the California Environmental Quality Act (CEQA).

(i) Rejection or Alternative Processing Required . If the review authority cannot make the required findings listed in Subdivision (h), above, the project will be either rejected or elevated to a minor use permit, as determined appropriate by the Director.

(j) Appeal. Appeal of an unlicensed residential care facilities permit shall be limited to the determination that the land use being requested qualifies for the unlicensed residential care facilities permit application.

(k) Revocation of Permit . If, after the approval of an unlicensed residential care facilities permit, the provisions of Chapter 84.32 are violated, the Code Enforcement Division of the Land Use Services Department will issue a notice of violation detailing the discrepancies with this Development Code. If such violations are not corrected within 30 days of the receipt of the notice of violation, the unlicensed residential care facilities permit shall be revoked using the procedures set forth in § 86.09.170.

(Ord. 4230, passed - -2014)