The city council finds that residential care facilities provide
a cost-effective, humane and noninstitutional environment for elderly
persons, persons suffering from chronic illnesses, persons suffering
from mental or physical impairments, and persons recovering from drug
and/or alcohol addiction. The city council also finds that the public
health, safety and welfare of all residents of the city is best served
when such facilities are licensed by the California Department of
Social Services, the California Department of Alcohol and Drug Programs,
or other appropriate agency or department of the state of California
or the county of Santa Clara, to ensure compliance with applicable
regulations and standards designed to promote and maintain successful
programs, but that in fact not all such facilities are so licensed.
The city council further finds that it is in the best interests of
the public health, safety and welfare to preserve and protect the
integrity of residential neighborhoods, in accordance with the goals
and policies of the general plan. The city council finds that overconcentration
of residential care facilities and congregate residences could impair
the integrity of residential neighborhoods. The purpose of this chapter
is to provide reasonable accommodations for the needs of persons with
disabilities seeking a humane and noninstitutional environment, while
at the same time ensuring necessary safeguards to protect the integrity
of residential neighborhoods.
(Prior zoning code § 19.34.010; Ord. 2623-99 § 1)
In any zoning district where residential uses are permitted,
a residential care facility or a congregate residence may be permitted.
All residential care facilities and congregate residences shall be
subject to all zoning, subdivision, housing and building regulations
and codes applicable to that zoning district, in addition to any building
or housing regulations and codes expressly applicable to residential
care facilities or congregate residences, particularly building and
fire safety requirements. Nothing in those regulations and codes shall
be construed to prohibit residential care facilities or congregate
residences in any low and low-medium density (R-0, R-1, R-1.5, R-1.7/PD
and R-2) zoning districts. No privately created covenant, equitable
servitude or other contract or agreement shall be used as the basis
of denial of permission to operate a facility or residence otherwise
in compliance with this chapter.
(Prior zoning code § 19.34.020; Ord. 2623-99 § 1)
(a)
Licensed. Residential care facilities consisting of six or fewer
residents, not including any provider or provider's family or staff,
shall be exempt from the provisions of this chapter provided the facility
is licensed by the appropriate state or county agency or department.
(b)
Unlicensed. Residential care facilities for six or fewer which are not required to be licensed by a state or county agency or department shall be allowed in all residential zoning districts, with a use permit issued in accordance with the provisions of Chapter 19.88, and in accordance with the findings specified in Section 19.64.070.
(Prior zoning code § 19.34.030; Ord. 2623-99 § 1)
(a)
Licensed. Residential care facilities which have been established
to accommodate seven or more residents, not including any provider
or provider's family or staff, shall be allowed in all zoning districts,
provided the facility is licensed by the appropriate state or county
agency or department and complies with the following requirements:
(b)
Unlicensed. Residential care facilities for seven or more which are not required to be licensed by a state or county agency or department shall be allowed in medium and high density residential zoning districts and nonresidential zoning districts allowing residential uses, only with a use permit issued pursuant to Chapter 19.88, and in accordance with the findings specified in Section 19.64.070. All such facilities must comply with the following requirements:
(1)
Applicable requirements of the Uniform Building, Housing and Fire
Codes are met;
(2)
There must be no less than seventy-five square feet of usable open
space available and allocable on the premises per occupant;
(4)
No sign which calls attention to the fact that the property is a
residential care facility may be posted.
(Prior zoning code § 19.34.040; Ord. 2623-99 § 1)
(a)
Congregate residences with ten or fewer occupants shall be permitted
in all residential zoning districts without a use permit, provided
that:
(b)
Congregate residences with more than ten occupants may be allowed in medium and high density residential zoning districts, and nonresidential zoning districts allowing residential uses, only with a use permit issued pursuant to Chapter 19.88 and in accordance with the findings specified in Section 19.64.070. All such residences must comply with the following requirements:
(1)
Applicable requirements of the Uniform Building, Housing and Fire
Codes are met; and
(2)
There must be no less than seventy-five square feet of usable open
space available and allocable on the premises per occupant; and
(4)
No sign which calls attention to the fact that the property is a
congregate residence may be posted.
(Prior zoning code § 19.34.050; Ord. 2623-99 § 1)
(a)
No residential care facility established to accommodate more than six residents shall be allowed to be located within five hundred feet of the boundaries of a parcel with another such facility, and no congregate residence established to accommodate more than ten persons shall be allowed to be located within one thousand feet of the boundaries of a parcel with another such facility consisting of ten or more residents, nor within five hundred feet of the boundaries of a parcel with a residential care facility of more than six residents, unless specifically authorized pursuant to a use permit issued pursuant to Chapter 19.88.
(b)
An application for a use permit for a residential care facility or
for a congregate residence, as required by this chapter, shall be
accompanied by a written statement to the effect that the applicant
has reviewed the permit records of the city and either that those
records show no permitted residential care facility or congregate
residence within five hundred or one thousand feet, as appropriate,
or that the applicant is requesting a waiver of the distance requirement.
(c)
If the applicant requests a waiver from the distance requirement,
the director of community development shall refer such request to
the planning commission for action. The planning commission shall
conduct a public hearing on the request for a waiver. Notice of the
public hearing on the request for waiver shall be given to the applicant
and to the owners of all property within three hundred feet of the
applicant's property. The planning commission may only grant a waiver
from the distance requirement if it finds that such waiver would not
be materially detrimental or injurious to the property, improvements
or uses in the immediate vicinity.
(Prior zoning code § 19.34.060; Ord. 2623-99 § 1)
In keeping with the intent of this chapter to provide a reasonable
accommodation for the needs of persons with disabilities to obtain
housing, while at the same time fulfilling its obligation to protect
the integrity of the residential character of the neighborhood zoning
districts, the city council finds that the following guidelines shall
be used by the director of community development and the planning
commission in making findings in granting or denying a use permit
request.
(a)
The application for a use permit shall be granted so long as the
enumerated requirements are met unless the director or the planning
commission finds, based upon individualized inquiry and evidence,
that the proposed occupancy would constitute a direct threat to the
health or safety of other individuals or would result in substantial
physical damage to the property of others.
(b)
Conditions may be imposed if demonstrated to be warranted by the
unique and specific aspects of a particular situation.
(Prior zoning code § 19.34.070; Ord. 2623-99 § 1)
