Chapter 27.61 — SC DISTRICTS—SENIOR CITIZEN OVERLAY DISTRICT—SPECIAL USE PERMITS

The senior citizen overlay district is established to provide for development of land for senior citizen housing pursuant to standards which reflect the unique character of senior citizen residential occupancy. Any zoning plot classified as SC shall retain its existing, underlying classification and may be developed and used either pursuant to regulations pertaining to such underlying classification or, when authorized by a special use permit, pursuant to regulations pertaining to the senior citizen district.

The SC overlay classification may be superimposed only on these lands classified as R3, R4, R4D, R5, R5-D, and R6-D, C (including CBD), E or TOD.

Any zoning plot developed or used pursuant to SC regulations shall not thereafter be used for any purpose other than the provisions of senior citizen housing unless and until the zoning administrator has certified in writing that the alternate use satisfies all applicable land use regulations pertaining to the underlying classification of the zoning plot.

Senior citizen housing may be permitted as a special use in SC overlay district, when the proposed use meets all of the following criteria:

(1) Residential occupancy shall be limited to senior citizens 62 years of age or older, or 55 years of age or older in a senior citizen housing development, and qualified permanent residents, all as defined in California Civil Code Sections 51.2 -51.4 , or any successor legislation.

(2) The impact of the use will be substantially equivalent to those impacts produced by uses otherwise allowed for land within the underlying classification of the zoning plot, with considerations being given to the type of the living units, number of living units, the probable number of residents and the demand on public facilities and services generated.

(3) The location, size, design, and operating characteristics of the use will be compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood, with consideration to be given to harmony in scale, bulk, coverage, and density; to the availability of civic facilities and utilities; to harmful effect, if any, upon desirable neighborhood character; to the generation of traffic and the capacity of surrounding streets; and to any other relevant impacts of the use.

(4) The location, design, and site planning of the use will provide a convenient and functional living, working, shopping, or civic environment, and will be attractive as the nature of the use and its location and setting warrant.

(5) The use will enhance the successful operation of the surrounding area in its basic community function, or will provide an essential service to the community or region.

(6) Housing shall be specifically designed for the elderly and include facilities generally associated with the needs and interests of aged persons. Such facilities shall include common meeting and recreation facilities, secure parking areas, safety bars and rails in units, emergency signal system, adequate exterior lighting for security, ramps and other provisions required for elderly persons by State law or federal regulation. In addition, such facilities may include central dining facilities, laundry rooms, other convenience facilities for occupants, meeting and activity facilities for use by senior citizens from the surrounding community, and other facilities for the convenience of the senior residents.

(7) The use will be so located as to provide residents easy access to community services such as transportation, shopping, and other daily services. Where appropriate, there should also be provided a generous amount of activity facilities (both indoors and outdoors) for residents.

27.61.050 SPECIAL DWELLING STANDARDS FOR SENIOR CITIZEN USES.

Notwithstanding any other provision of this code, the minimum floor area for each residential unit for senior citizen use shall be as follows:

• (a) Bachelor or studio-type dwelling units four hundred five square feet;

• (b) One-bedroom dwelling units:

• (1) Five hundred seven square feet (if kitchen-dining and living areas combined);

(2) Five hundred sixty-one square feet (if kitchen-dining and living areas separated);

• (c) Two-bedroom dwelling units:

  • (1) Six hundred two square feet (if kitchen-dining and living areas combined);

  • (2) Six hundred sixty-six square feet (if kitchen-dining and living areas separated).

Notwithstanding any other provision of this code, the number of parking spaces required to be provided for senior citizen uses may be as low as 0.25 spaces per rental dwelling unit and as low as 1.0 spaces per sale dwelling units. The actual ratio shall be determined at the time of granting the special use permit for the use. Ten percent of such spaces shall be designated handicapped parking stalls. In determining the number of parking spaces required, the following factors, as well as any other relevant factors, shall be considered:

(1) The number of employees required by the use, whether such employees will reside on the premises, and hours during which any nonresident employees will be employed;

• (2) The availability of public transportation;

• (3) Whether residents of the use will be eligible for government rent subsidies;

(4) The degree to which on-site provision of services and facilities will effect the need of residents to leave the site;

(5) The proximity of facilities and services to the site. Where appropriate, employee parking on the site shall be separately identified and shall be available only to employees.

Notwithstanding any other provision of this code, the unit density of senior citizen housing uses shall be governed by the population density established by the special use permit, but in no case shall the land area per unit be less than three hundred fifty square feet. All other land use standards in these Districts still apply.

Parking and dwelling unit standards for resident employees whose employment is the principal reason for residency shall be identical to those pertaining to multiple dwelling units throughout the City.

Except as provided in this chapter, the land use standards for senior citizen uses in those zoning plots whose underlying classifications are R3, R4, R4-D, R5, R5-D or R6-D shall be those pertaining to such underlying districts. Senior citizen uses on zoning plots whose underlying classifications are C or E shall, except as provided in this chapter or in the Downtown Specific Plan, be governed by the land use standards pertaining to the R5 district.

Prior to occupancy of any zoning plot developed pursuant to senior citizen regulations, the project's proponent shall provide documentation limiting the use of the project to senior citizen housing exclusively and vesting in the City the right to enforce such limitation until and unless it determines that any proposed alternate use complies fully with regulations pertaining to the underlying district. Such documentation may consist of subdivision or parcel map dedication,

covenants, conditions and restrictions pertaining to the zoning plot or a recordable use restriction. Any such documentation shall be in a form satisfactory to the City Attorney.

Except for reclassification initiated by the Planning Commission or City Council, all applications for SC classification shall be accompanied by a complete application for a senior citizen special use permit. Submittal requirements for senior citizen special use permits shall be identical to those provided for in this title for other special use permits, except for those additional matters required by the senior citizen regulations.