The Senior Housing (SH) Overlay Zone is intended to provide areas for additional housing facilities for elderly persons of low and moderate incomes distributed throughout residential areas of the City while ensuring there is a balance of various housing types in the area and would not result in a detriment to the community or the zone as a whole.
The provisions of this chapter apply to properties located within or proposed to be located within the SH Overlay Zone mapped on the Official Zoning Map. The SH Overlay Zone is limited to properties within an RS or R-2 zone.
For purposes of this chapter, housing is limited to persons 62 years of age or older and of low or moderate income and qualified permanent residents, as defined in the California Civil Code 51.3.
In addition to the uses allowed in the applicable base zone, housing developments for elderly persons, including accessory uses to serve the residents are permitted.
A. 
Maximum Height. Height limitations of the base zone shall apply.
B. 
Setback Requirements. Setback requirements of the base zone shall apply.
C. 
Number of Units, Buildings, and Occupants.
1. 
Maximum Units and Buildings per Development. The maximum number of residential units and residence buildings in the development shall not exceed the following.
TABLE 30.80.050:
MAXIMUM RESIDENCE BUILDINGS AND RESIDENTIAL UNITS PER DEVELOPMENT
Base Zone
Number of Residence Buildings/Net Acre
Residential Units/Net Acre
RS-1A
0.8
3.2
RS-25
1.5
6.0
RS-15
2.3
9.2
RS-10
3.6
14.4
RS-7.5
4.6
18.4
RS-6
5.6
22.4
R-2
5.6
22.4
2. 
Maximum Units per Building. The maximum number of units per building is four.
3. 
Maximum Permitted Occupancy. One resident per each studio unit, and two residents per bedroom for all other unit types.
D. 
Floor Area. The maximum floor area per building is 2,200 square feet exclusive of garages or carports.
E. 
Maximum Parking Spaces per Parking Area. The maximum number of parking spaces provided in any single uncovered parking area is 10 spaces. A parking area containing spaces on both sides of a common aisle shall be counted as one parking area.
F. 
Garages and Carports. The maximum number of parking spaces per garage or carport is three. Carports and garages shall be attached to and made a part of a main building.
G. 
Site Design. All buildings and structures shall be located on the site in a manner similar to the way residences might be located in the base zone in which the property is located. For example, if PUD, they may be clustered; if single-unit, they should be laid out like a standard subdivision. Accessory nonresidential uses shall be located and designed to serve residents only. To demonstrate this, the applicant shall submit, in rough form, a practical subdivision scheme of the property with the proposed buildings shown thereon. Lot sizes, frontages, street alignments, setbacks and all other aspects of such hypothetical subdivision shall be in accordance with applicable Zoning and Subdivision Ordinance requirements.
In order to ensure continued use of the development for affordable housing for elderly persons, prior to the approval of any Conditional Use Permit for development under this chapter, the applicant shall submit evidence satisfactory to the Planning Commission that an enforceable regulatory agreement exists to assure the continued operation of the facility for its intended use for not less than 30 years. The agreement shall be reviewed by the Office of the City Attorney. No waiver to the agreement required pursuant to this section shall be granted.
A. 
Permits Required.
1. 
Zoning Amendment. An application for a classification as a SH Overlay Zone shall be processed as an amendment to the Zoning Map, according to the procedures of Chapter 30.235, General Plan and Zoning Amendments.
2. 
Conditional Use Permit. An application for a Conditional Use Permit shall be accepted and processed pursuant to Chapter 30.215, Conditional Use Permits, for development within the proposed SH Overlay Zone.
B. 
Findings. A Conditional Use Permit and SH Overlay Zone shall only be approved if the following findings are made in addition to any other findings required by this Title:
1. 
A substantial need exists in the community for additional housing facilities for elderly persons of low and moderate incomes.
2. 
The characteristics of the site development proposed are such that the surrounding properties will not be adversely affected by the proposed senior housing project.
3. 
Sufficient safeguards exist which will assure the long term continued use of the premises in accordance with the intent of this section and the conditions of approval of the development.
4. 
The design of the buildings shall be such that it is compatible or convertible to uses consistent to the base zone in which the buildings are located.
C. 
Expiration.
1. 
Conditional Use Permit. A Conditional Use Permit associated with the SH Overlay Zone shall be effective on the same date as the ordinance creating the SH Overlay Zone for which it was approved and shall expire four years after the effective date unless actions specified in the conditions of approval have been taken, a building permit has been issued and construction diligently pursued, or a time extension pursuant to Section 30.205.120, Expiration of Permits, has been approved. An approved Conditional Use Permit may specify a development staging program exceeding four years.
2. 
Phased Development. In the event that the applicant intends to develop the project in phases, and the City Council approves phased development, the Conditional Use Permit shall remain in effect so long as not more than one year lapses between the end of one phase and the beginning of the next phase.
Development in the SH Overlay Zone shall be reviewed for consistency with an approved permit and any conditions of approval. No development may be approved and no building permit issued unless the project is consistent with an approved permit and any conditions of approval.