Sec. 90-902. - Residential care facilities.

(a)

Purpose. The purpose of this section is to implement the applicable state regulations in a manner that allows for the establishment of residential care facilities while preserving the character of the zone in which the uses are located. To protect the public health, safety and welfare, to preserve and protect the integrity of residential neighborhoods, and to ensure this code does not act as a disincentive to or unreasonably restrict the development of residential care facilities residential care facilities shall be assessed, allowed and developed in accordance with the standards set forth in this section.

(b)

Permitted zones.

(1)

Large licensed residential care facilities shall be considered a residential use of property and shall be permitted with a conditional use permit in all zones permitting residential uses in the City of Sanger, subject to the requirements of sections 90-998 through 90-1001.

(2)

A large licensed residential care facility that also qualifies as supportive housing or transitional housing shall be subject only to those restrictions and development standards that apply to other residential dwellings of the same type (e.g., single-family or multifamily) in the same zone. Notwithstanding the previous sentence, if the facility qualifies as "supportive housing" as defined in Government Code Section 65650 (which has a different definition of "target population" than the definition in section 90-54, then the facility shall be a use by-right in all zones where multifamily and mixed uses are permitted and shall be processed as required by Government Code Sections 65650, et seq.

(3)

Small licensed residential care facilities and unlicensed residential care facilities shall be considered a residential use of property. Small residential care facilities, licensed, and unlicensed residential care facilities are permitted uses in all zones permitting residential uses in Sanger subject to compliance with the restrictions and development standards for other residential dwellings of the same type (e.g., single-family or multifamily) in the same zone.

(c)

Development standards. The following development standards shall apply to a large licensed residential care facility:

(1)

Development standards. Unless otherwise indicated below, the large residential care facility must conform to the development standards for the zoning classification in which it is located.

(2)

Accessory dwelling units. The large licensed residential care facility shall not be located in an accessory dwelling unit unless the primary dwelling unit is used for the same purpose.

(3)

Kitchens. The large licensed residential care facility must provide either of the following:

a.

Congregate dining facilities; or

b.

Kitchens in individual units.

(4)

Landscaping. The large licensed residential care facility shall provide minimum landscaped areas in accordance with the landscaping standards for the zoning classification in which it is located.

(5)

Signs. The large licensed residential care facility shall comply with the provisions of section 90-891 (Signs).

(6)

Lighting. The large licensed residential care facility shall comply with the provisions of the lighting standards for the zoning classification in which it is located. Security night lighting must be shielded so that the light source cannot be seen from adjacent residential properties.

(7)

Parking. The large licensed residential care facility shall provide one off-street automobile parking space per the greatest number of employees on duty at any one time, as well as a minimum of one off-street automobile parking space for every ten residents for visitors.

(8)

Common areas and open space. The large licensed residential care facilities shall include at least 350 square feet of indoor or outdoor common areas or open space, plus five square feet per resident. The common area(s) or open space shall be furnished. Appropriate furnishings for indoor spaces include, but are not limited to, such items as lounge chairs, couches, tables with chairs, writing desks, and televisions. Outdoor furnishings include but are not limited to such items as outdoor benches, tables with chairs, barbeques, and shade coverings like arbors, patio covers, garden shelters or trellises. A central dining room shall be provided. The size of the room shall be sufficient to accommodate all of the residents. The minimum room size shall be the product of the proposed maximum number of residents in the facility multiplied by five square feet per resident; however, in no instance shall the central dining room be less than 350 square feet.

(9)

Management. The large licensed residential care facilities shall have either:

a.

A manager who resides on-site; or

b.

A number of persons acting as a manager who are either present at the facility on a 24-hour basis or who will be available 24 hours a day, seven days a week to physically respond within 45 minutes notice and who are responsible for the day-to-day operation of the facility. The provisions of this section shall be superseded by any management requirements imposed on the large licensed residential care facilities pursuant to state law.

(10)

Security. A designated area for on-site personnel shall be located at the main entrance to the facility for the purpose of controlling admittance to the facility and providing security. Emergency contact information shall

be posted on the exterior of the facility adjacent to the main entrance, as well as on the interior in a location accessible to all residents.

(11)

Personal storage. Each resident of the large licensed residential care facility shall be provided with at least one private storage area or private closet, with a lock or other security mechanism, in which to store their personal belongings.

(d)

Application procedures. The application for a large licensed residential care facility shall be submitted and processed in accordance with the requirements for residential developments in the zone in which the large licensed residential care facility is proposed, and with the requirements outlined in sections 90-998 through 90-1001. In addition, the application for a large licensed residential care facility shall include the following:

(1)

Applicant information. The name and address of the applicant, including the name and address of the lessee, if the property is to be leased by someone other than the applicant; and the name and address of the owner of the property for which the conditional use permit is requested. If the applicant and/or lessee or owner is a partnership, corporation, firm, or association, then the applicant/lessee shall provide the additional names and addresses as follows and such persons shall also sign the application:

a.

Every general partners of the partnership;

b.

Every owner with a controlling interest in the corporation; or

c.

The person designated by the officers of the corporation as set forth in a resolution of the corporation that is to be designated as the permit holder for the use permit.

(2)

Owner authorization. If the operator of the large licensed residential care facility is not the legal owner of the property, the operator shall provide written documentation evidencing the owner's authorization and approval to operate the large licensed residential care facility at the property.

(3)

Parcel information. The zoning and general plan designations and assessor's parcel number(s) of the site on which the large licensed residential care facility is proposed.

(4)

Project description. A narrative project description of the large licensed residential care facility that summarizes the proposed use and its purpose.

(5)

Plan, building diagram, and floor plan. A preliminary site plan, drawn to scale, showing the facility's building footprint and property lines as well a diagram intended to show:

a.

All building(s) to be occupied, including a floor plan for all rooms intended for residents' use indicating the number of residents per bedroom, the location and number of beds for all residents; and

b.

On-site parking, including designations of staff and visitor parking.

(6)

Facility users. The projected number and types of users of the facility, including but not limited to, residents, staff, clients, visitors, and students.

(7)

Transportation and parking. Expected parking demand and vehicular use and the availability of and proximity to public transportation or other means to transport facility users.

(8)

Management plan. A comprehensive management plan, which shall include, at a minimum, the following:

a.

Detailed information on property management policies and operations, including information regarding maintenance and repairs;

b.

An explanation of how the large licensed residential care facility, intends to meet the requirements of subsection (3)(9) of this section;

c.

An explanation of how the large licensed residential care facility, intends to meet the requirements of subsection (3)(10) of this section;

d.

A copy of the large licensed residential care facility's written resident intake procedures, including rental procedures and rates;

e.

A copy of the large licensed residential care facility's written termination and eviction procedures;

f.

A copy of the large licensed residential care facility's resident and guest rules; and

g.

If applicable, the large licensed residential care facility's plan for disposing of medical waste or other biowaste.

(9)

Licensing. Proof of all required licensing from the California Department of Social Services, the California Department of Health and Human Services, the California Department of Health Care Services, or other applicable regulatory agency, along with a license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefore.

(10)

Similar facilities. A list of addresses of all other licensed facilities for which a conditional use permit is requested in the State of California owned or operated by the applicant(s) within the past five years and whether such facilities have been found by state or local authorities to be operating in violation of state or local law.

(11)

Project review. The planning commission shall review an application for the large licensed residential care facility and shall approve, conditionally approve, or disapprove of the application for the large licensed residential care facility. The decision of the planning commission shall be final unless appealed to the city council within the timeframes set forth in the Sanger Municipal Code.

(12)

Findings and decision. The planning commission shall only approve an application for a large licensed residential care facility if the planning commission makes all of the findings required pursuant to sections 90-998 through 90-1001 and conforms with all provisions of this section.

(13)

Design review. The large licenses residential care facility shall require design review approval, pursuant to the city's single-family residential design guidelines for the zoning classification in which it is located, prior to issuance of a building permit.

(Ord. No. 2025-04, § 4(Exh. A, § 14), 5-15-25)

Sec. 90-903. - Transitional and supportive housing.

(a)

Supportive and transitional housing, generally. Pursuant to California Government Code Section 65583(c) (3), transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.

(b)

Supportive housing, up to 50 units. Pursuant to California Government Code Section 65651, supportive housing development with up to 50 supportive housing units shall be permitted by right in all zoning districts where multi-family and mixed use residential development are permitted provided the development satisfies all of the following requirements:

(1)

All supportive housing units within the development are subject to a recorded affordability restriction for 55 years.

(2)

One hundred percent of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, "lower income households" has the same meaning as defined in Section 50079.5 of the Health and Safety Code.

(3)

At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.

(4)

The developer shall provide the information required by California Government Code Section 65652 to the Planning & Economic Development.

(5)

Nonresidential floor area shall be used for onsite supportive services in the following amounts:

a.

For a development with 20 or fewer total units, at least 90 square feet shall be provided for on site supportive services.

b.

For a development with more than 20 units, at least three percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to,

community rooms, case management offices, computer rooms, and community kitchens.

(6)

The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915.

(7)

Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

(8)

Notwithstanding any other provision of this section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:

a.

The owner demonstrates that it has made good faith efforts to find other sources of financial support.

b.

Any change in the number of supportive service units is restricted to the minimum necessary to maintain project's financial feasibility.

c.

Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.

(Ord. No. 2025-04, § 4(Exh. A, § 14), 5-15-25)

Sec. 90-904. - Employee housing (for farmworkers).

(a)

Six or fewer employees. Employee housing providing accommodations for six or fewer employees shall be deemed to be a single-unit structure with a residential land use and shall be treated the same as a single unit dwelling of the same type in the same zoning district.

(b)

Districts where agriculture uses are allowed. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located, and may consist of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use.

(c)

Streamlined approval for agricultural employee housing developments. To be eligible for streamlined approval under this section, an agricultural employee housing development must meet all of the following requirements:

(1)

The development must be located on land designated as agricultural in the City of Sanger General Plan.

(2)

The development must be 12 units or less.

(3)

The development must not be located in any of the following areas:

a.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

b.

A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code.

c.

A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356.

d.

A delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist.

e.

A flood plain as determined by maps promulgated by the Federal Emergency Management Agency.

(4)

The development must meet all applicable requirements of the City of Sanger Municipal Code, including but not limited to the following:

a.

The development must have adequate water and wastewater facilities.

b.

The development must comply with all applicable zoning and land use regulations.

c.

The development must comply with all applicable building and safety codes.

(Ord. No. 2025-04, § 4(Exh. A, § 14), 5-15-25)

Secs. 90-905—90-920. - Reserved.

DIVISION 3. - NONCONFORMING BUILDINGS, STRUCTURES AND USES

Sec. 90-921. - In general.

(a)

A nonconforming use is one which was lawfully established and maintained prior to the adoption of this chapter, but which under this chapter does not conform with the use regulations of the district in which it is located.

(b)

A nonconforming building or structure is one which was lawfully erected prior to the adoption of this chapter, but which under this chapter does not conform with the conditions of lot coverage, yard spaces, building height, space between buildings, or other standards prescribed in the regulations for the district in which the structure is located.

Sec. 90-922. - Use of nonconforming sites.

Except as otherwise provided in this division a site having an area, frontage, width or depth less than the minimum prescribed for the zone in which the site is located, as depicted on a duly approved and recorded subdivision map, or a site for which a deed or valid contract of sale was recorded prior to the adoption of this chapter, and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, such sites may be used for any permitted use, but shall be subject to all other regulations for the zone in which the site is located.

Sec. 90-923. - Nonconforming uses and structures—Basis for existence; continuation and maintenance.

(a)

Basis for existence:

(1)

A nonconforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of this chapter but which, under this chapter, does not conform with the use regulations for the district in which it is located. This section is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement and their reestablishment after abandonment and by prohibiting the alteration of the structures they occupy and their restoration after destruction.

(2)

A nonconforming structure is a structure which was lawfully erected prior to the adoption of this chapter but which, under this chapter, does not conform with the standards of coverage, yard spaces, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located. While permitting the use and maintenance of nonconforming structures, this section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed in this chapter and by prohibiting their restoration after destruction.

(b)

Continuation and maintenance:

(1)

The use lawfully occupying a structure or a site on October 5, 1982, or the effective date of amendments to this chapter which does not conform with the use regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued as provided in this division.

(2)

A structure lawfully occupying a site on October 5, 1982, or the effective date of amendments to this chapter which does not conform with the standards of coverage, front yard, side yards, rear yard, or distances between structures prescribed in the regulations for the district in which the structure may be used and maintained as provided in this section.

(3)

Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, and on a nonconforming structure.