Whittier Municipal Code Art. V Additional Regulations

A. All SRO's shall obtain approval of a conditional use permit prior to establishing such use within the city and shall pay to the city the regular fees associated with such permit. The conditional use permit application for any such use shall include a management plan for the facility, which shall provide sufficient detail regarding how the facility will be operated and managed in order that the city may determine that the facility will be compatible with surrounding uses, including the following information, at a minimum:

1. If residents and/or common areas are to be supervised or monitored, how and when such supervision or monitoring shall be provided, including whether twenty-four-hour on-site resident management will be provided, the manner in which compliance with all rules and regulations of the city or state applicable to the operations will be observed and maintained, and whether and what house rules will be applied to residents and how such rules will enforced by the operator of the proposed facility;

2. The total number of residents proposed to occupy the SRO and the total number of rental rooms to be occupied shall be in compliance with the maximum number permitted by this section;

3. The number, type, and general responsibilities of staffing for the facility;

4. How the facility will provide equal access to housing to those who are handicapped or disabled;

5. Provisions for internal and external security, including vehicle security;

6. Methods for tenant selection;

7. Nature of rules that will apply to residents ("house rules"); and

8. Any other information which the applicant feels demonstrates that the facility will be well-managed in harmony with adjacent uses.

B. Conditional use permits granted pursuant to this section shall contain all of the following conditions, in addition to any other reasonable conditions which may be imposed by the city upon the granting of such permits:

1. All SRO operations shall comply with a city approved management plan;

2. Revisions to the management plan shall require modification of the approved conditional use permit and the city approved management plan, except that minor changes, that do not fundamentally alter the operations or the management plan of the facility, may be approved by the director;

C. Any conversion of an SRO to an apartment, condominium or other multi-family development must comply with the density requirements of this code and the city's general plan at the time of such conversion.

D. All SRO facilities shall comply with the parking requirements applicable to SROs, as set forth in Chapter 18.48 of this code, prior to establishing such use within the city, unless otherwise modified through the conditional use permit approval process.

E. No parolee shall be permitted to reside in a SRO. at any time, except as may be preempted by state or federal law.

F. No such facility shall be within five hundred feet of any other similar facility.

G. No SRO, shall be within five hundred feet of any public or private school (pre-school through twelfth grade), including child day care facilities, as defined in Section 18.06.072 of this code and pre-schools; any residential care facilities, as defined in this title; any family day care home, as set forth in California Health and Safety Code Division 2, Chapter 3.6 (Health and Safety Code Section 1597.30 et seq.); any bar (with a license for the sale of alcoholic beverages for on-site consumption from the department of alcoholic beverage control); or any facility or retail business establishment selling alcohol (with a license for the sale of alcoholic beverages for off-site consumption from the Department of Alcoholic Beverage Control).

H. The distance requirements herein shall be measured from the closest property line to the closest property line, along a straight line extended between the two points.

I. All facilities shall require residents to sign an agreement that provides that a conviction for any criminal violation, not including infractions and minor traffic violations, during residency, is grounds for termination of residency whether the rental, lease, or sublease agreement is written or oral.

J. Facilities shall be in compliance with all requirements of the city's zoning code at all times, as well as any other applicable provisions of this code, including obtaining any other permits or licenses, such as building permits or a business license, required before establishing, expanding or maintaining the use.

K. Any violation of any local, state or federal laws by residents while on the premises shall be grounds for revocation of the conditional use permit, including but not limited to any violations of this section, where the property owner contributed to or did not take all reasonable steps to protect against or prevent the violation; and for any violation of California Penal Code Section 3003.5 or Chapter 9.66 of this code.

L. No SRO shall be maintained in a manner which constitutes a nuisance, as defined in California Civil Code Section 3479 or other applicable law. Conduct in violation of any of the terms of this chapter or other applicable provisions of this code is hereby found and declared to be a public nuisance, and the city attorney or the district attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such SRO and restrain and enjoin any person from conducting, operating or maintaining an SRO contrary to the provisions of this chapter or code.

M. Any owner, operator, manager, employee or independent contractor of a SRO, violating or permitting, counseling, or assisting the violation of any of the provisions of this chapter or applicable provisions of this code regulating boarding or rooming houses shall be subject to any and all civil remedies, including conditional permit revocation, criminal penalties pursuant to Chapter 1.08 of this code, and/or administrative citations pursuant to Chapter 1.09. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)