Chapter 9-64 COMMUNITY CARE FACILITIES

Chapter 9-64
COMMUNITY CARE FACILITIES

Sections:

9-64.030 Facility types and classifications.

9-64.040 Zoning requirements and site development standards. Revised 5/19

9-64.010 Purpose and intent.

The purpose and intent of this chapter is to provide standards and guidance regarding the establishment of community care facilities within the city. (Ord. 98-8 § 2 (part): prior code § 9-50.010)

9-64.020 Facility regulations.

The state of California is vested with the authority for licensing, inspection, and enforcement for community care facilities throughout the state. The state has preempted local controls over certain types of facilities in that twenty-four (24) hour occupancy by six or fewer persons in a residential facility allows the facility to be considered a residential use. (Ord. 98-8 § 2 (part): prior code § 9-50.020)

9-64.030 Facility types and classifications.

Community care facilities are divided into a number of classifications which serve young children, adults and elderly individuals. The various facility types can be divided into four classifications: (1) family day care homes; (2) day care centers; (3) community care facilities for six or fewer individuals; and (4) community care facilities for seven or more individuals.

A. Family Day Care Homes.

1. Small family day care home for eight or fewer children under the age of ten years;

2. Large family day care home for seven to fourteen (14) children under the age of ten years.

B. Day care centers.

C. Community Care Facilities for Six or Fewer Individuals.

1. Residential care facilities for the elderly;

2. Drug abuse and alcoholism recovery facilities (community treatment/rehabilitation facilities);

3. Intermediate care facilities;

4. Dependent and neglected children homes (foster homes);

5. Social rehabilitation facility;

6. Congregate living health facility;

7. Facilities for people with HIV or AIDS;

8. Homes for the mentally and physically disabled;

9. Transitional shelter care facilities/emergency shelters;

10. Facilities for wards of the juvenile court.

D. Community care facilities for seven or more individuals. (Ord. 98-8 § 2 (part): prior code § 9-50.030)

9-64.040 Zoning requirements and site development standards.

The required permits for community care facilities for seven or more individuals are presented in Table 9-64.040.

A. Small family day care homes for eight or fewer children and community care facilities for six or fewer individuals. With the exception of facilities for wards of the juvenile court, these facilities are permitted in all residential zones subject only to the development standards of the zone in which the facility is located. Facilities for wards of the juvenile court require approval of a conditional use permit.

B. Large family day care for seven to fourteen (14) children, day care centers, and community care facilities for seven or more individuals. These facilities vary in nature and are permitted in various zones upon approval of a conditional use permit.

1. Large family day care homes are permitted in residential zones subject to a modified conditional use permit process as specified in Section 9-92.080(D) of this title and the development standards of the zone in which the facility is located.

2. Community care facilities for seven or more individuals are permitted in the village commercial and mixed use zones subject to a conditional use permit and are subject to the development standards of the zone in which the facility is located. Residential care facilities for the elderly are also permitted in the neighborhood mixed use zone subject to a conditional use permit and are subject to the development standards of that zone.

3. Day care centers are permitted in the village commercial, mixed use, and community/private institutional zones subject to a conditional use permit and are subject to the development standards of the zone in which the facility is located.

C. Supportive housing and transitional housing serving six or fewer individuals are permitted in the same manner as other residential uses in the zone they are located in. Applicable residential zones include: estate residential; low density residential; medium low density residential; medium density residential; high density residential; planned community residential; village commercial; neighborhood mixed use; community/private institution; and planned community.

D. Emergency shelters are permitted in the mixed use zoning district subject to the development standards of the zone. In accordance with the authority granted to cities under state law, emergency shelters must also meet the following objective development and management standards:

1. An emergency shelter shall be located at least five hundred (500) feet from any residential use, public or private park, public or private K-12 school, church, or other religious institution.

2. An emergency shelter shall be located at least three hundred (300) feet from other emergency shelters.

3. The cumulative total of the number of beds provided by all emergency shelters established within the mixed use zone shall not exceed twenty (20).

4. The maximum stay at the emergency shelter shall not exceed one hundred and eighty (180) consecutive days.

5. Off-street parking shall be provided in the ratio of one space for every three beds, plus one parking space for each staff member.

6. A client intake and waiting area shall be provided that is at least two hundred (200) square feet in size. A client intake and waiting area less than two hundred (200) square feet in size may be provided if it can be demonstrated that the size of the intake and waiting area is sufficient to accommodate the demand for the facility.

7. Lighting shall be provided in accordance with the standards set in Sections 9-40.170 and 9-44.060(I).

8. An operational plan shall be provided prior to the issuance of a certificate of use and occupancy for review and approval by the Community Development Director. At minimum, the plan shall contain provisions addressing the following:

a. Security and Safety. The plan shall include provision of on-site management, facility rules, and procedures for maintaining a safe environment within and outside the shelter.

b. Management of Outdoor Areas. The plan shall describe procedures for admittance and discharge of clients, and describe measures aimed at minimizing the congregation of clients outside the shelter when not accepting clients.

c. Staff Training. The plan shall describe the staffing required for the shelter and outline required training programs that provide staff with the knowledge and skills to assist clients in obtaining permanent shelter.

d. Referral Service. The plan shall include provision of a kiosk providing information on other programs available to clients for obtaining permanent shelter, mental and health counseling, job placement, educational, legal, and other supportive services.

TABLE 9-64.040

REQUIRED PERMIT FOR COMMUNITY CARE FACILITIES
7 + OCCUPANTS


Land Use	Zone(s)	Conditionally Permitted	Permits Required
Large family day care (14 children maximum)	• All residential	x	Conditional use permit*
Day care center	• Office professional • Village commercial • Mixed use • Community/private institutional	x	Conditional use permit
Residential care facility for the elderly	• Village commercial • Mixed use • Neighborhood mixed use	x	Conditional use permit
Drug abuse & alcoholism recovery facility (community treatment/rehabilitation facility)	• Village commercial • Mixed use	x	Conditional use permit
Dependent & neglected children homes (foster homes)	• Village commercial • Mixed use	x	Conditional use permit
Facilities for people with HIV or AIDs	• Village commercial • Mixed use	x	Conditional use permit
Homes for the mentally & physically disabled	• Village commercial • Mixed use	x	Conditional use permit
Facilities for wards of the juvenile court	• Village commercial • Mixed use	x	Conditional use permit
Social rehabilitation facility	• Village commercial • Mixed use • Community/private institutional	x	Conditional use permit
Intermediate care facility/nursing facility	• Village commercial • Mixed use	x	Conditional use permit
Supportive housing	• All residential	x	Conditional use permit
Transitional housing	• All residential	x	Conditional use permit

* Refer to Chapter 9-92 for special process for large family day care homes.

(Ord. 2019-2 §§ 5, 6; Ord. 2012-5 §§ 16—19; Ord. 98-8 § 2 (part): prior code § 9-50.040)