§ 8107-52

Transitional housing and supportive housing are allowed in all zones that allow residential dwellings. This includes lots zoned R1, R2, RES, RPD, R/MU, RHD, RA, RE, RO, CO, CPD, OS, AE, and TP.

(Ord. No. 4641, § 4, 12-17-2024)

8107-52.3 - Type of permit and applicable development standards for transitional and supportive housing.

a.

In accordance with Government Code section 65583(c)(3), transitional housing and supportive housing are considered a residential use of property and are subject only to those standards that apply to other residential dwellings of the same type (e.g., other single-family, two-family, or multifamily dwellings) in the same zone.

For example, supportive housing proposed in a new multifamily dwelling in the RPD Zone would require the same type of permit and meet the same development standards as other multifamily dwellings in the RPD Zone, unless such housing qualifies for approval as a use by right pursuant to Section 8107-52.3.1 below.

b.

Supportive housing that complies with the requirements of Section 8107-52.3.1 below shall qualify for approval as a use by right in accordance with Government Code section 65651(a), and shall meet the standards of that section.

(Ord. No. 4641, § 4, 12-17-2024)

8107-52.3.1 - Supportive housing as a use by right with approval of a zoning clearance.

a.

Standards and Requirements:

(1)

Supportive housing that complies with the requirements of this Section 8107-52.3.1 is considered a use by right in all zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses. This includes lots zoned R2, RPD, RHD, R/MU, RES, CO, and CPD.

As required by Government Code section 65650, for purposes of this Section 8107-52.3.1, supportive housing includes nonresidential uses and administrative office space as provided in Section 8107-52.3.1(a)(2)(vi) below, as well as transitional housing for youth and young adults.

(2)

To qualify for approval as a use by right pursuant to this Section 8107-52.3.1, all of the following must be satisfied:

i.

The development consists of fifty (50) units or fewer.

ii.

Units within the development are subject to a recorded affordability restriction for fifty-five (55) years. A deed restriction ensuring the continued affordability of the units consistent with this Section 8107-52.3.1 shall be recorded with the County Recorder in a form approved by the County at the property owner's expense prior to the issuance of a Zoning Clearance for construction of the development.

iii.

One hundred (100) percent of the units, excluding managers' units, within the development are restricted to lower income households and are, or will be, receiving public funding to ensure affordability of the units to lower income households. The rents in the development shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development. For purposes of this subsection, "lower income households" has the same meaning as defined in section 50079.5 of the Health and Safety Code, as may be amended.

iv.

At least twenty-five (25) percent of the units in the development or twelve (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 twelve (12) units, then one hundred (100) percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing. For purposes of this subsection, "target population" has the same meaning set forth in Government Code section 65650(d) and Health and Safety Code section 50675.14, as may be amended, which include persons, including persons with disabilities, and families who are "homeless," as that term is defined by section 11302 of Title 42 of the United States Code, or who are "homeless youth," as that term is defined by Government Code section 12957(e)(2).

v.

The applicant provides the County with the information required by Government Code section 65652, outlined in Section 8107-52.3.1(b)(2) below.

vi.

Nonresidential floor area shall be used for on-site supportive services and administrative office space in the amounts specified below.

For purposes of this subsection, "supportive services" has the same meaning set forth in Government Code sections 65650 and 65582, as may be amended, and includes, but is not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

"Administrative office space" has the meaning set forth in Government Code section 65650(a), as may be amended, and means an organizational headquarters or auxiliary office space utilized by a nonprofit organization for the purpose of providing on-site supportive services at a supportive housing development authorized by this Section 8107-52.3.1 and includes other nonprofit operations beyond the scope of the corresponding supportive housing development. "Administrative office space" includes parking necessary to serve the office space.

A.

For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for onsite supportive services.

B.

For a development with more than twenty (20) units, at least three (3) percent of the total floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

C.

Administrative office space shall not exceed twenty-five (25) percent of the total floor area.

vii.

The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in Government Code section 65915(c)(3).

viii.

Units within the development, excluding managers' units, include at least one (1) bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

(3)

In accordance with Government Code section 65651(b)(1), a supportive housing development subject to this Section 8107-52.3.1 must comply with all objective development standards and policies that apply to other multifamily development within the same zone.

(4)

If the supportive housing development is located within one-half-mile of a public transit stop, no parking is required for the units occupied by supportive housing residents as set forth in Government Code section 65654.

b.

Application Requirements for Supportive Housing as a Use By Right:

(1)

An application for supportive housing shall be reviewed and approved with a Zoning Clearance prior to establishment or construction of any supportive housing pursuant to this Section 8107-52.3.1.

(2)

In accordance with Government Code section 65652, the application shall include a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project, as required by this Section 8107-52.3.1 and Government Code section 65651, and describing those services, which shall include all of the following:

i.

The name of the proposed entity or entities that will provide supportive services;

ii.

The proposed funding source or sources for the provided on-site services; and

iii.

Proposed staff resources and staffing requirements to manage the on-site supportive services.

(Ord. No. 4641, § 4, 12-17-2024)

8107-53 - Residential care facilities serving six or fewer persons.

(Ord. No. 4641, § 4, 12-17-2024)

8107-53.1 - Purpose.

The purpose of this Section 8107-53 is to regulate residential care facilities serving six (6) or fewer persons in accordance with state law (See Health and Safety Code, §§ 1267.8, 1566.3, 1568.0831, and 11834.23.).

(Ord. No. 4641, § 4, 12-17-2024)