Part 6 — RESIDENTIAL CARE FACILITIES FOR THE ELDERLY

Residential care facilities for the elderly that meet the requirements set forth in this ordinance shall be eligible to defer the obligation to pay the parkland fee.

(Ord. 25619.)

In order to be eligible for the deferment of payment of the parkland fee, a residential care facility for the elderly must meet the following requirements:

A.

100 percent of the residential units included in the residential care facility for the elderly must be covered by the license issued by the state of California to provide care to non-ambulatory elderly residents prior to occupancy of the first unit.

B.

The residential care facility for the elderly must provide the following care and have the following attributes:

Assistance in dressing, grooming, bathing and other personal hygiene;

Assistance with taking medication;

Central storing and distribution of medication;

Arrangement of and assistance with medical and dental care, including transportation of residents to doctor or dentist appointments;

Supervision of resident schedules and activities;

Monitoring of food intake and special diets;

Designed for residents who are physically incapable of travel outside the facility without personal assistance from the staff; and

Residents receive transportation assistance from the facility on a limited basis for required activities such as medical appointments.

(Ord. 25619.)

A.

The owner of the property on which the residential care facility for the elderly is to be constructed may enter into a written agreement with the city in order to defer the payment of the parkland fee until such time that the residential care facility for the elderly no longer meets the eligibility requirements of Section 19.38.610. The agreement shall be recorded in the Santa Clara county recorder's office.

B.

The deferred fees shall earn interest at the same rate earned by city's pooled funds.

C.

At the time that the residential care facility for the elderly ceases to meet the eligibility requirements set forth in Section 19.38.610, the owner of the property on which the residential care facility for the elderly is constructed shall be responsible for payment of the deferred fees including the interest earned on those fees during the deferment period.

(Ord. 25619.)