San Clemente Municipal Code Ch. 5.38 Residential Care Facility Boardinghouse Streamlined Administrative Approval

A. Definitions. .....For purposes of this section, the terms "boardinghouse" and "Residential Care Facility" have the same meaning as provided in Section 17.88.030.

B. Applicability. .....When required by state or federal law, a Residential Care Facility serving six (6) or fewer persons is:

1. Exempt from this chapter; and

2. Considered a residential use of property and a single family for purposes of Title 17 of this Code.

C. License Required. .....A boardinghouse that is a Residential Care Facility and that is subject to this chapter requires an administrative operating license issued by the City to operate.

D. Streamlined Ministerial Approval. .....An application for an administrative operating license is subject only to streamlined administrative review and will be approved if it satisfies each of the following:

1. Maximum Occupancy. No more than two (2) residents reside in each bedroom, not including the room or apartment designated for an onsite house manager.

2. Management. The operator provides an onsite house manager that resides full-time (year-round) in a room or apartment on the property.

3. Management Plan. The City has approved a property management plan for the facility that addresses each of the following: onsite management; maximum occupancy; quiet hours and permitted guest visitation hours; loitering, littering, and disturbing the peace; nuisance reduction; trash collection; smoking; resident pick-up and drop-off procedures; and discharge. City approval is required for any change.

4. Emergency and Security Plan. The City has approved an emergency and security plan that addresses each of the following: security- and management-contact information; authority and responsibility of security staff; a map of the property; an overview of the property's security features; security-feature testing schedule; overnight-parking policies and vehicle violation-abatement procedures; emergency medical response protocols; emergency law enforcement response protocols; and daytime and nighttime security-monitoring procedures. City approval is required for any change.

E. Application Review.

1. Administration. The City may create any form, document, online portal, telephone hotline, or other method to facilitate streamlined administrative submittal of applications under this chapter.

2. Review; Timing; Issuance.

a. Applications are reviewed by the Community Development Director or the Director's designee.

b. A written decision will be issued within thirty (30) calendar days of the City's receipt of a complete application. The decision will be sent to the applicant by first-class mail with return receipt requested.

c. An application will be approved and a license will be issued if the application fully complies with the provisions of this chapter.

3. Appeals. Notwithstanding any other provision of this Code, the City's decision is final unless appealed within ten (10) business days of the date that the applicant receives the decision in the mail. An appeal will be scheduled to be heard by a hearing officer within thirty (30) calendar days from the date that the City receives the notice of appeal. The decision of the hearing office is final and will be mailed by first-class mail to the applicant with return receipt requested.

F. Modifications or Revocation.

1. An administrative operating license may be revoked when the application contained incorrect, false, or misleading information; or the operator violates the management plan or emergency and security plan; or if three (3) or more nuisance citations are issued at the property within a thirty (30) day period.

2. Before revoking an operating license, a good faith effort to meet and confer with the operator will be made to resolve any issues identified in Subsection (F)(1) above.

3. The operator will be notified of any revocation by first-class mail with return receipt requested. The operator may appeal the revocation in accordance with Subsection (E)(3) above.

(Ord. No. 1745, § 10, 12-20-2022)