§ 8107-53

Residential care facilities serving six (6) or fewer persons 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)

a.

When required by state or federal law, a residential care facility serving six (6) or fewer persons is considered a residential use of property by a family under this Chapter, and is subject to the following:

(1)

A residential care facility serving six (6) or fewer persons shall comply with the setback, building lot coverage, height limit, sign-placement and other development standards applicable to a family dwelling of the same type and in the same zone.

(2)

No additional development standards other than those identified in subsection (a)(1) above shall apply to a residential care facility serving six (6) or fewer persons.

(3)

Use of a family dwelling for purposes of a residential care facility serving six (6) or fewer persons shall not constitute a change of occupancy for purposes of local building codes or Part 1.5 (commencing with section 17910) of Division 13 of the Health and Safety Code, as may be amended. However, nothing in this Section 8107-53.3 is intended to supersede Health and Safety Code sections 13143 or 13143.6, to the extent such sections are applicable to residential care facilities serving six (6) or fewer persons.

b.

Subject to subsection (c) below, for purposes of this Section, "family dwelling" has the same meaning as provided in Health and Safety Code section 1566.3(g), as it may be amended, which states: "'family dwelling' includes, but is not limited to, single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments."

c.

Notwithstanding subsection (b) above, the term "family dwelling" as used in this Section shall mean a singlefamily dwelling if the residential care facility is any of the following: an alcoholism or drug abuse recovery or treatment facility subject to Health and Safety Code section 11834.23, or an intermediate care

facility/developmentally disabled habilitative, intermediate care facility/developmentally disabled—nursing, or a congregate living health facility subject to Health and Safety Code section 1267.8.

(Ord. No. 4641, § 4, 12-17-2024)

Article 8. - Parking and Loading Requirements[[6]]

Footnotes:

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Editor's note— Ord. No. 4407, § 1, adopted Oct. 20, 2009, repealed the former Art. 8, §§ 8108-0—8108-7.6, and enacted a new Art. 8 as set out herein. The former Art. 8 pertained to parking, access, landscaping and transportation demand management requirements and derived from Ord. No. 4057, adopted March 1, 1994; Ord. No. 4092, adopted June 27, 1995; Ord. No. 4123, adopted Sept. 17, 1996; ; Ord. No. 4144, adopted July 22, 1997; Ord. No. 4165, adopted April 14, 1998; Ord. No. 4216, adopted Oct. 24, 2000; Ord. No. 4282, adopted May 20, 2003.