Chapter 17.91 RESIDENTIAL USES

Chapter 17.91
RESIDENTIAL USES

Sections:

17.91.010 Accessory dwelling unit and junior accessory dwelling unit standards.

17.91.020 Alcohol and drug treatment facility.

17.91.030 Caretaker’s units (accessory).

17.91.040 Cottage food operation.

17.91.050 Manufactured/mobile home parks.

17.91.060 Manufactured/mobile home park closures.

17.91.070 Residential care facilities, large.

17.91.080 Sober living home.

17.91.010 Accessory dwelling unit and junior accessory dwelling unit standards.

(A) Purpose. The intent of this Section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Government Code Sections 65852.2 and 65852.22, and that such dwelling units do not adversely impact surrounding residents or the community.

(B) Applicability. Except as authorized by Federal or State law regulations, accessory dwelling units are allowed only in zones where single-family or multifamily residential units are allowed. Junior accessory dwelling units are allowed only in single-family dwellings.

(C) General Plan Consistency. In adopting these standards, the City recognizes that the approval of accessory dwelling units or junior accessory dwelling units may, in some instances, result in densities exceeding the maximum densities prescribed by the General Plan. The City finds that this occurrence is consistent with the General Plan, as allowed under State planning and zoning law applicable to accessory dwelling units, and that this Title furthers the goals, objectives, and policies of the General Plan.

(D) Maximum Number of Accessory Dwelling Units and Junior Accessory Dwelling Units per Lot.

(1) Single-Family Residences. For lots with a proposed or existing single-family residence, no more than one accessory dwelling unit and no more than one junior accessory dwelling unit may be on the lot, as follows:

(a) One accessory dwelling unit and one junior accessory dwelling unit per lot may be constructed within an existing or proposed single-family or accessory structure, including the construction of up to a 150-square-foot expansion beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress; or

(b) One detached, new construction, accessory dwelling unit and one junior accessory dwelling unit built within the existing or proposed single-family dwelling.

(2) Multifamily Residences. For lots with a proposed or existing multifamily residential dwelling, no junior accessory dwelling units are allowed. However, if there is an existing multifamily residential structure, the following are allowed:

(a) Nonhabitable portions of the existing main structure (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) may be converted to an accessory dwelling unit(s); provided, that the maximum number of such accessory dwelling units shall not exceed 25 percent of the number of the existing residential units on the lot; provided, that applicable building standards are met; and

(b) No more than two ADUs that are detached from the multifamily dwelling; provided, that no such unit shall exceed the height limits as established in Subsection (F)(9) of this Section, and each such unit complies with the setbacks specified within Subsection (F)(4) of this Section. The maximum square footage of detached accessory dwelling units on lots with existing multifamily residential dwellings shall be 800 square feet each.

(E) General ADU and JADU Requirements.

(1) Ministerial Approval. Any application for an accessory dwelling unit or junior accessory dwelling unit which meets the standards of this Section shall be approved pursuant to PMC § 17.26.030 (Zoning clearance review) and Government Code Section 65852.2(a)(3).

(2) Conveyance. Except as authorized by Government Code Section 65852.26, accessory dwelling units and junior accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence.

(3) Rental Restrictions. Rental periods for accessory dwelling units and junior accessory dwelling units shall not be less than 31 days.

(4) Recorded Covenants. Before obtaining a permit for an accessory dwelling unit or junior accessory dwelling unit, the property owner shall file with the County Recorder a declaration or agreement of restrictions, which has been approved by the City Attorney as to its form and content. The covenants for the accessory dwelling unit or junior accessory dwelling unit shall describe restrictions that allow for the continued use of the accessory dwelling unit or junior accessory dwelling unit as follows:

(a) The accessory dwelling unit or junior accessory dwelling unit shall not be sold separately from the primary residence unless otherwise exempted by the provisions of Government Code Section 65852.2(a)(1)(D);

(b) The accessory dwelling unit or junior accessory dwelling unit shall not be rented for periods of less than 31 days;

(c) The restrictions shall be binding upon any successor in ownership of the property, and lack of compliance shall result in legal action against the property owner for noncompliance with the standards for an accessory dwelling unit or junior accessory dwelling unit;

(d) For junior accessory dwelling units, owner complies with the development standards and owner-occupancy requirements consistent with Subsection (G) of this Section (Junior Accessory Dwelling Units – Specific Standards.

(5) Building Standards. All accessory dwelling units and junior accessory dwelling units must comply with PMC Chapter 8.04 (Adoption of Health, Safety and Technical Construction Codes) and any other applicable provisions of the California Building Standards Code and the California Fire Code.

(6) City/Public Utilities.

(a) Utilities Required. All accessory dwelling units and junior accessory dwelling units must be properly connected to public utilities, including water, electric, and sewer (or septic) services. Junior accessory dwelling units with separate bathroom facilities and accessory dwelling units may not be attached to a septic system unless approved by the County of Los Angeles Public Health Department.

(b) Impact Fees. No impact fees shall be imposed on a junior accessory dwelling unit or an accessory dwelling unit less than 750 square feet in size.

(c) Separate Connections. If an accessory dwelling unit or junior accessory dwelling unit is constructed with a new single-family home, a separate utility connection directly between the accessory dwelling unit or junior accessory dwelling unit and the utility and payment of the normal connection fee and capacity charge for a new dwelling shall be required. If, however, the accessory dwelling unit or junior accessory dwelling unit is constructed within an existing single-family structure, then the City cannot require a separate utility connection.

(7) Easements. No accessory dwelling unit or junior accessory dwelling unit may be constructed in a location that would violate any easement unless approved in writing by the holder of the easement.

(8) Accessibility Standards. New construction of any ground level accessory dwelling unit and/or junior accessory dwelling unit is encouraged to be designed and constructed to allow for disability/accessibility standards by providing plans which demonstrate adequate door and hallway widths, maneuvering space in kitchens and bathrooms, and structural reinforcements for grab bars.

(9) Nonconforming. Accessory dwelling units and junior accessory dwelling units shall not be required to correct legal nonconforming zoning conditions as a precondition to obtaining authorization to construct.

(10) Fire Sprinkler Requirements. Accessory dwelling units and junior accessory dwelling units shall not be required to include fire sprinklers if they are not required for the primary residence.

(11) Zone Conformity. Except as otherwise provided in this Section accessory dwelling units and junior accessory dwelling units shall conform to all other development standards of the underlying zone.

(F) Accessory Dwelling Units – Specific Standards.

(1) Legal Lot/Residence. An accessory dwelling unit shall only be allowed on a lot within the City that contains or has approved plans to be developed with a legal, or legal nonconforming, single-family or multifamily residence.

(2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

(3) Floor Area. Accessory dwelling units shall comply with the following:

(a) Attached Accessory Dwelling Units. The maximum floor area of an attached accessory dwelling unit shall be the higher of:

(i) Eight hundred fifty square feet for an accessory dwelling unit with zero to one bedroom or 1,000 square feet for an accessory dwelling unit with two or more bedrooms; or

(ii) If there is an existing primary single-family dwelling, 50 percent of the square footage of the existing primary single-family dwelling.

(b) Detached Accessory Dwelling Units. The maximum floor area of a detached accessory dwelling unit shall be 1,200 square feet.

(c) An addition of up to 150 square feet to accommodate ingress and egress for an accessory dwelling unit created from the conversion of an existing accessory structure shall be exempt from the maximum floor area standard.

(4) Setbacks.

(a) No setbacks are required for either:

(i) Those portions of accessory dwelling units that are created by converting existing living area or existing accessory structures to new accessory dwelling units; or

(ii) The construction of a new accessory dwelling unit is in the same location and to the same dimensions as an existing structure.

(b) All other accessory dwelling units must be set back a minimum of four feet from interior side, street side, and rear lot lines and, where feasible and does not preclude the creation of an 800-square-foot accessory dwelling unit, must comply with all applicable front setbacks pursuant to the standards of the underlying zone.

(c) Where feasible and does not preclude the creation of an 800-square-foot accessory dwelling unit, the minimum required distance between a detached accessory dwelling unit and the primary dwelling unit, and all other structures, including garages, on the property, shall be 10 feet.

(5) Location. Where feasible and does not preclude the creation of an 800-square-foot accessory dwelling unit, newly constructed accessory dwelling units shall be located in line with or behind the front-most building wall of the primary dwelling unit.

(6) Parking.

(a) In addition to the required parking for the primary unit, one parking space shall be provided unless the accessory dwelling unit has no bedrooms (e.g., a studio), in which case no parking space is required, or unless the proposed accessory dwelling unit qualifies for a parking exemption under Subsection (F)(6)(b) of this Section. The required parking space may be provided as:

(i) Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with parking standards specified within this Title; or

(ii) Within a setback area or as tandem parking in locations determined feasible by the City for such use. Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions.

(b) Notwithstanding the foregoing, no parking space shall be required for an accessory dwelling unit if:

(i) It is located within one-half mile walking distance of public transit;

(ii) It is located within an architecturally and historically significant district;

(iii) It is part of a proposed or existing primary residence or accessory structure;

(iv) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

(v) Where there is a car share vehicle located within one block of the accessory dwelling unit.

(vi) The application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot; provided, that the accessory dwelling unit or the parcel satisfies any other criteria listed in this Subsection.

(c) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the demolished or converted off-street parking spaces do not have to be replaced, and parking would be eliminated.

(7) Design and Materials. Accessory dwelling units shall comply with all standards of PMC § 17.37.010 (Detached single-family residential standards), where applicable and not in conflict of the standards of this Section, except that PMC § 17.37.010(G) and (H) shall not apply, and PMC § 17.37.010(C)(3)(b) (regarding garages) shall not apply unless a new or revised garage is being proposed for the single-family dwelling. Junior accessory dwelling units shall only be allowed in a primary dwelling that meets all applicable standards.

(8) Second Story. For accessory dwelling units on a lot with a single-family residence, all or part of an accessory dwelling unit may be on the second floor only if the accessory dwelling unit does not have any open and not fully enclosed stairways, and one of the following applies:

(a) The accessory dwelling unit was converted entirely from existing space within the single-family dwelling;

(b) The accessory dwelling unit is attached to the primary dwelling and the primary dwelling (inclusive of the accessory dwelling unit) will comply with all standards applicable to the primary dwelling (except parking in scenarios pursuant to Subsection (F)(6)(c) of this Section; or

(9) Height Limits. Accessory dwelling units are subject to the following height standards:

(a) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit;

(b) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit;

(c) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling; or

(d) A height of 25 feet or the height limitation in the local Zoning Ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories.

(10) Conversion of Existing Primary Unit. An existing single-family dwelling may be converted to an accessory dwelling unit when all standards of this Section are met and a new, larger single-family dwelling will be constructed pursuant to all standards of this Title.

(11) Passageway.

(a) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

(b) For the purposes of this Section, “passageway” shall have the same meaning as that stated in Government Code Section 65852.2 as that section may be amended from time to time.

(12) Other Standards. Lot coverage, open space, and floor area ratio limitations, where applicable, shall not preclude the development of an accessory dwelling unit of up to 800 square feet with a minimum of four-foot side and rear setbacks.

(G) Junior Accessory Dwelling Units – Specific Standards.

(1) Owner Occupancy. The owner must reside either in the junior accessory dwelling unit or in the single-family residence. Owner-occupancy is not required if the owner is a governmental agency, land trust, or “housing organization” as that term is defined in Government Code Section 65589.5(k)(2), as that section may be amended from time to time.

(2) Kitchen. The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

(3) Parking. The accessory dwelling unit shall not be required to have a parking space.

(4) Exterior Access. The junior accessory dwelling unit shall have exterior access and side and rear setbacks sufficient for fire safety.

(H) Conflicts Between This Section and State Law. Should there be any conflict between this Section and California Government Code Sections 65852.2 and 65852.22 as amended from time to time, then the provisions of the above cited Government Code sections shall prevail. (Ord. 1603 § 4 (Exh. I), 2023)

17.91.020 Alcohol and drug treatment facility.

(A) Purpose and Intent. It is the purpose of these standards to establish specific standards for alcohol and drug treatment facilities which house seven or more persons. The intent is to ensure that there are adequate alcohol and drug treatment facilities while also protecting adjacent land uses from adverse effects of such uses.

(B) Development and Use Standards.

(1) Use Restrictions. All alcohol and drug treatment facilities shall conform to the following requirements and standards:

(a) State License Required. Each facility must obtain a license from the State. Facilities without the proper State licensing shall be prohibited;

(b) Occupancy Requirements. Occupancy, not including on-site staff, shall be limited to persons recovering from alcoholism or alcohol and/or drug abuse;

(c) All residents must actively participate in legitimate programs, including, but not limited to, Alcoholics Anonymous (AA) or Narcotics Anonymous (NA), and maintain current records of meeting attendance;

(d) All owners, managers, operators, and residents must observe and promote a “zero tolerance” policy regarding the consumption or possession of alcohol and controlled substances, except for prescription medications obtained and used under direct medical supervision;

(e) There must be a written policy dealing with the use of drugs or alcohol;

(f) The number of residents subject to the sex offender registration requirements of Penal Code Section 290 must not exceed the limit set forth in Penal Code Section 3003.5 and must not violate the distance provisions set forth in Penal Code Section 3003; and

(g) Owners, managers, operators, and residents must ensure that the property and its use comply with all applicable State and local laws.

(2) Property Requirements.

(a) The parcel upon which the alcohol and drug treatment facility is located shall conform to all standards of the underlying land use designation and zone.

(b) Location.

(i) The facility shall provide access to necessary support services;

(ii) There shall be a 5,000-foot separation measured from the nearest outside building walls between the subject use and any sober living home or other alcohol and drug treatment facility; and

(iii) An alcohol and drug treatment facility shall not be located within 1,000 feet of a public or private school (preschool through twelfth grade), universities, colleges, student housing, senior housing, childcare facilities, public parks, or businesses licensed for on- or off-site sales of alcoholic beverages as measured from any point on the outside walls of the subject use to the nearest property line of the noted use.

(c) Parking. Off-street parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading) and the following:

(i) All required off-street parking shall be located a maximum of 150 feet from at least one entrance to the facility;

(ii) If a shuttle stop is located on the property, shaded waiting areas and adequate and suitably striped paved areas for shuttle parking shall be provided adjacent to the shuttle stops; and

(iii) Parking requirements may be adjusted on an individual project basis, subject to a parking study based on the type of care assistance provided, and the location and proximity to services including but not limited to medical offices, shopping areas, mass transit, etc.

(d) Bus Turnouts and Shelters. A bus turnout and shelter may be required as determined by the Review Authority if the project is located on a designated regional or crosstown street and adjacent to existing/future bus route(s). (Ord. 1603 § 4 (Exh. I), 2023)

17.91.030 Caretaker’s units (accessory).

(A) Purpose and Intent. It is the purpose of this Section is to establish specific standards for full-time caretaker’s residences as an accessory use. The intent is to allow caretaker’s units where a need exists, based on the type of use, for full-time security personnel or a superintendent to be present on site. Caretaker’s units, where allowed by the zone, are allowed only as an accessory use.

(B) Development Standards. A caretaker’s unit shall be allowed as an accessory structure where allowed in the underlying zone, on a lot or site containing a primary use, subject to the following standards:

(1) Limited Use. A caretaker’s unit may be occupied only by a caretaker or superintendent and their family. No other residential occupancy shall be allowed. A caretaker’s unit shall not be used as office space;

(2) Property Standards. Only one caretaker’s unit shall be allowed per lot of record;

(3) Development Standards. Detached caretaker’s units shall meet the minimum standards for single-family residences as contained in PMC § 17.37.010 (Detached single-family residential standards). All construction of attached caretaker’s units shall meet the applicable development standards for multifamily residences contained in PMC Chapter 17.38 (Supplemental Standards for Multifamily Residential Development). All caretaker’s units shall be affixed to a permanent foundation;

(4) Design and Materials. Caretaker’s units shall be designed and constructed with materials that are comparable to and compatible with any structures constructed for the primary use, if applicable, except that those construction materials which are prohibited pursuant to the appropriate construction standards shall not be used for caretaker’s units;

(5) Driveway Access. The driveway serving the primary use shall also serve the caretaker’s unit;

(6) Pedestrian Access. Each caretaker’s unit shall be provided with a separate outside entrance, with pedestrian access from a public street to the entrance;

(7) Parking. A minimum of one covered parking space shall be provided on the same lot as the caretaker’s unit, in addition to the required parking spaces serving the primary use; and

(8) Setbacks. A caretaker’s unit shall not be constructed within a setback area required by the zone or for the primary use.

(C) Review Process. Uses subject to this Section shall be subject to minor site plan review approval pursuant to PMC § 17.26.090 (Minor site plan review) and the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title. Caretaker’s units that are intended to be incorporated into the overall site plan design of the property and constructed at the same time as the primary use shall be reviewed and approved as part of the development application for the primary use. (Ord. 1603 § 4 (Exh. I), 2023)

17.91.040 Cottage food operation.

(A) Purpose and Intent. The purpose of the cottage food operation provisions are to allow the establishment and operation of cottage food operations within the home, pursuant to Section 113758 of the California Health and Safety Code, while minimizing any impacts of such businesses on adjacent properties or the general neighborhood.

(B) Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(C) Mandatory Conditions of Approval. Cottage food operations may be allowed on property used for residential purposes pursuant to the requirements as specified in the applicable zone; and provided, that the use is operated pursuant to the following:

(1) The operator of a cottage food operation must reside within the residential unit in which the facility is operated. The cottage food operation shall not be transferable to another operator or transferable to another site.

(2) Each cottage food operation shall conform to all State and County laws, regulations, and requirements.

(3) Within 30 days of receipt of an approval for a cottage food operation, the operator of such facility shall provide proof of receipt of a permit from the County of Los Angeles, Environmental Health Services, Department of Public Health to the City.

(4) The cottage food operation shall be clearly incidental to the use of the structure as a dwelling.

(5) No physical conversions or alterations to the residential nature and character of the residential unit where a cottage food operation is being conducted shall be allowed in conjunction with the cottage food operation.

(6) A cottage food operation shall be conducted only within an enclosed living area of the dwelling unit and shall not occupy more than 25 percent of the gross floor area of the dwelling. A cottage food operation shall not utilize any outdoor area, any accessory structure, or any garage or carport utilized to satisfy off-street parking standards. There shall be no storage of equipment, inventory, or supplies in an attached garage, an accessory structure, or outside of the dwelling (including inside of a storage building that is not a “structure”).

(7) No greater than one cottage food employee, as defined by California Health and Safety Code Section 113758.b.1, and not including a family member or household member of the cottage food operator, shall be allowed on the premises of the cottage food operation.

(8) If direct sales are proposed at the site of the cottage food operation, no third parties or customers shall be allowed to dine at the cottage food operation.

(9) No outdoor sales shall be allowed at the site of the cottage food operation.

(10) No cottage food operation shall sell, or offer for sale, from the residence food items prepared from that residence between the hours of 6:00 p.m. and 9:00 a.m.

(11) Commercial delivery of items used in a cottage food operation shall be prohibited between the hours of 6:00 p.m. and 8:00 a.m.

(12) Cottage food operations shall not create noise levels in excess of those allowed in residential areas in the Noise Element of the General Plan.

(13) Parking Standards. For single-family homes, parking spaces in the property’s garage or carport and driveway shall be available for the parking demand created by the use, including parking spaces for the cottage food operator’s personal vehicles, parking spaces for employees if employees are present, and one parking space for customers if direct sales on the property are proposed. For apartments and multifamily developments, the cottage food operator’s designated space(s) shall be available for the parking demand created by the use, including parking spaces for the cottage food operator’s personal vehicles, parking spaces for employees if employees are present, and one parking space for customers if direct sales on the property are proposed.

(14) The cottage food operator shall contract with the local waste disposal company for additional trash removal services, as deemed necessary by the Director and pursuant to PMC Chapter 5.52 (Solid Waste Handling and Recycling Services).

(15) No signage or advertisement identifying the cottage food operation shall be allowed at the premises except as may be required by Federal, State, and/or local agencies. No vehicles with any signs indicating that the premises is being used for the business shall be parked within view of the public right-of-way.

(16) Gross annual sales shall not exceed the amount specified in California Health and Safety Code Section 113758.

(17) The City shall have the right to inspect the premises in which the cottage food operation is located.

(D) Modification or Revocation by the Director. The Director may periodically review any cottage food operation to ensure that it is being operated in a manner consistent with the conditions specified within this Section and in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after reviewing, the Director deems that there is sufficient evidence to modify or revoke the cottage food operation approval, this shall be accomplished pursuant to the standards specified within PMC § 17.26.090(E).

(E) Lapse of Approval.

(1) A cottage food operation, approved under the provisions of this Section, shall become null and void upon expiration of a business license issued in conjunction with the cottage food operation and will require the filing of a new application, including applicable fees, with the City.

(2) Where a cottage food operation has been revoked pursuant to this Section, a new application for the same or substantially the same cottage food operation may not be filed within one year of the date of revocation. (Ord. 1603 § 4 (Exh. I), 2023)

17.91.050 Manufactured/mobile home parks.

(A) Purpose and Intent. It is the purpose of this Section is to establish specific standards for manufactured/mobile home parks, including tiny homes and park models. The intent is to prevent the creation of any nuisance to the occupants of neighboring areas while allowing the establishment and operation of the manufactured/mobile home park.

(B) General Development Standards. All manufactured/mobile home parks shall be constructed in the following manner:

(1) Minimum Site Size. A site proposed for a manufactured/mobile home park shall be a minimum of five gross acres.

(2) Density. The overall density of the project shall not exceed the maximum density allowed by the General Plan.

(3) Manufactured/Mobile Home Space Standards.

(a) Minimum Size. The manufactured/mobile home spaces in the park shall average a minimum of 3,000 square feet, but no site shall be smaller than 2,500 square feet;

(b) Minimum Width. The minimum average width of a manufactured/mobile home space shall be 42 feet for sites designated for a single width manufactured/mobile home, or 30 feet plus the width of the manufactured/mobile home for sites designated for double width or wider manufactured/mobile homes; and

(c) Frontage. Each manufactured/mobile home space shall abut directly upon an interior drive aisle for a minimum of 30 feet.

(4) Setbacks. The minimum setbacks for individual manufactured/mobile home spaces, measured from the edge of internal streets or edge of an internal drive aisle, and border of unit space lines, shall be as follows:

(a) Front setback shall be minimum 10 feet;

(b) Side setback shall be either a minimum of five feet on each side, or zero lot line on one side and 10 feet on the opposite side. On corner manufactured/mobile home sites or lots, the side setback adjoining the manufactured/mobile home park or subdivision street shall not be less than 10 feet;

(d) Structural separation between any two dwelling units shall be a minimum of 10 feet.

(5) Exterior Boundaries. All exterior boundaries of the manufactured/mobile home park or subdivision shall appear similar to conventional residential developments and shall be screened by a decorative wall, fence, or other comparable devices a minimum of six feet in height. A minimum six-foot-wide landscaped area shall be provided along the inside of the perimeter wall, which may include the required setbacks of the adjoining manufactured/mobile home spaces. Where a perimeter wall is located adjacent to public rights-of-way, a minimum of 12 feet of landscaping shall be provided between the wall and the edge of curb, excluding the sidewalk. Landscaping shall be provided as approved by the City Engineer.

(6) Lot Coverage. Maximum space coverage (unit and its accessory structure(s)) shall be 75 percent of the manufactured/mobile home space.

(7) Common Areas. A minimum of 20 percent of the park site shall be devoted to common usable open space. Useable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between structures less than 15 feet in width, private setbacks, or slopes greater than 3:1. The area to be utilized for common recreation facilities shall have a minimum aggregate area of 300 square feet for every manufactured/mobile home space or lot.

(8) Amenities. All manufactured/mobile home parks shall provide recreational amenities within the site which may include but are not limited to swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter – barbecue area; court game facilities including but not limited to tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the Review Authority and provided according to the following schedule:

Table 17.91.050-1. Amenities Per Number of Units
Units	Amenities
0 – 9	0
10 – 50	1
51 – 100	2
101 – 200	3
201 – 300	4

Note:

Add 1 amenity for each 100 additional units or fraction thereof.

(9) Facilities. The following facilities shall be provided in each manufactured/mobile home park:

(a) Manufactured/Mobile Home Park Office. Every manufactured/mobile home park shall include a permanent building for office use. Such building may include a single-family dwelling for the exclusive use of the owner or manager.

(b) Laundry Rooms. Every manufactured/mobile home park shall provide laundry facilities based on the number of manufactured/mobile home spaces pursuant to PMC § 17.38.070 (Dwelling unit requirements).

(c) Mailboxes. Each manufactured/mobile home space shall be equipped with a receptacle for mail deliveries pursuant to the standards of the local postmaster. Mailbox areas shall be designed pursuant to PMC § 17.38.030 (Services and utilities).

(d) Storage Areas. Areas used for storage of travel trailers, boats, or other such items may be established in a manufactured/mobile home park, provided they are screened from public view.

(e) Utilities. All utility distribution facilities, including television antenna service lines serving individual manufactured/mobile home spaces, shall be placed underground. The manufactured/mobile home park owner shall be responsible for compliance with the standards of this Section, and they shall make all the necessary arrangements with each of the serving utilities for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestal, concealed ducts, and other appurtenant facilities necessary for such underground facilities may be placed above ground. Water and sewer distribution facilities shall be installed in conformance with specifications of the City Engineer. All manufactured/mobile home spaces shall be served with water, gas, electricity, television cable, and sewer, and fiber as it is available.

(10) Design. No manufactured/mobile home shall be installed in a manufactured/mobile home park if more than 10 years have elapsed between the date of the manufacture of the home and the date of an application for the issuance of a building permit to install the unit. Each unit shall be equipped with skirting or provided with a support pad which is recessed, in order to give the appearance of the home being located on grade.

(11) Internal Streets. Streets shall be designed to provide convenient traffic circulation within the manufactured/mobile home park or subdivision. The following minimum standards shall apply unless modified by the City Engineer:

(a) The minimum width of any street shall be 30 feet including the curbs;

(b) The streets shall be paved pursuant to the standards established by the City Engineer; and

(c) Concrete roll curbs shall be provided on each side of the street. Sidewalks shall be provided along internal streets/drive aisle where deemed appropriate.

(12) Driveways. Driveway approaches into manufactured/mobile home parks shall be delineated with interlocking pavers, rough-textured concrete, landscaped medians, or similar features.

(13) Pedestrian Access. All recreation facilities and common areas shall be conveniently located within the park or subdivision and be accessible via pedestrian pathways and sidewalks. Such accessways shall also be provided to off-site walkways.

(14) Parking. The manufactured/mobile home park shall be provided with parking and access as required by PMC Chapter 17.87 (Off-Street Parking and Loading). If garages are provided, a minimum of 20 feet shall be provided between the face of the garage door and the back of sidewalk or edge of internal drive aisle. In addition, if the manufactured/mobile home park has more than 40 spaces, common recreation and laundry areas shall have sufficient parking to accommodate 40 plus one automobile for every 10 manufactured/mobile home spaces.

(15) Landscaping. Common open space areas shall be landscaped pursuant to an approved landscape plan. Landscaping shall be maintained pursuant to such plans by the property owner in perpetuity. In addition to perimeter trees, the equivalent of one tree shall be planted for each manufactured/mobile home lot or space, either within the individual spaces or in common areas.

(16) Lighting and Signs. Lighting and signs shall be pursuant to Division 8 (General Development Standards) of this Title. Adequate internal and external lighting, including lighting of walkways, shall be provided for security purposes. The lighting shall be energy efficient, stationary, deflected away from adjacent properties and public rights-of-way, and of an intensity compatible with the residential neighborhood.

(17) Trash Areas. Trash areas shall be dispersed throughout the park. Trash areas not located within a building shall be paved and located a minimum of five feet from the private street or drive aisle. One trash area shall be provided for the first 10 units, and one for each additional 10 units or fraction thereof. Trash areas must be able to accommodate trash, recycling, and organics collection services in compliance with State law.

(18) Animal Keeping. Animal keeping at manufactured/mobile home parks shall be pursuant to the standards in PMC Chapter 17.89 (Animal Keeping).

(19) Transient Spaces. Transient manufactured/mobile home spaces shall include all spaces that are occupied with manufactured/mobile homes for 90 days or less. Not more than 10 percent of the manufactured/mobile home spaces may be used for transient manufactured/mobile homes. Spaces reserved for transient manufactured/mobile homes shall be so designated on the plans submitted with the application for the manufactured/mobile home park. All standards of this Section shall apply to transient spaces. Manufactured/mobile homes which are smaller than specified in this Section may occupy such designated transient manufactured/mobile home spaces for periods up to 90 days.

(C) Homeowner’s Associations. A homeowner’s association shall be formed for any manufactured/mobile home subdivision. Such association shall be responsible for the maintenance of common recreation facilities, common open space areas, common landscape areas, pedestrian pathways, private streets/drive aisles, and other common areas identified on the subdivision map.

(D) Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title. Manufactured/mobile home subdivisions must also comply with the requirements for subdivisions. (Ord. 1603 § 4 (Exh. I), 2023)

17.91.060 Manufactured/mobile home park closures.

(A) Findings and Declaration of Purpose. The State Mobile Home Residency Law, Civil Code Section 798, et seq. and Government Code Sections 65863.7 and 66427.4, limit the grounds on which manufactured/mobile home owners may be evicted from a manufactured/mobile home park, protect a manufactured/mobile home owner’s right to sell their manufactured/mobile homes in place in a manufactured/mobile home park and authorize local jurisdictions to impose reasonable measures to mitigate the adverse impacts on displaced manufactured/mobile home owners when a manufactured/mobile home park closes or converts to another use. Pursuant to these State laws, this Section provides a procedure and standards for reviewing applications for change of use and closure of manufactured/mobile home parks, determining reasonable mitigation measures, and protecting residents from tactics including but not limited to intimidation, designed to pressure manufactured/mobile home owners to relocate without receiving assistance pursuant to this Section.

(B) Definitions. Refer to PMC Chapter 17.16 (Definitions).

(C) Application and Conversion Impact Report – Data on Manufactured/Mobile Home Owners and Park Residents – Duty to File.

(1) Prior to a change of use of a manufactured/mobile home park, an application therefor and a conversion impact report (“CIR”) complying with the requirements of this Section must be filed with the Director. No application shall be deemed complete or processed for consideration and approval until an application and CIR meeting all the requirements of this Section have been filed. No oral or written announcement or notice that a manufactured/mobile home park is closing or changing the use of a manufactured/mobile home park, or will be applying to do so, may be made before an application for change of use has been filed pursuant to this Section. The City Council, by resolution, may impose a fee for review of the application and CIR.

(2) The CIR shall contain the following information:

(a) A description of any proposed new use;

(b) A timetable for conversion of the park;

(d) The number of spaces in the park, length of occupancy by the current occupant of each space, and current rental rate for each space;

(e) The date of manufacture and size of each manufactured/mobile home by space;

(f) Appraisals of the on-site value, depreciated replacement value and removal value of the manufactured/mobile home of each eligible resident in the park;

(i) A qualified appraiser shall be selected by the City and the cost of the appraisals shall be borne by the applicant. The appraisals shall identify those manufactured/mobile homes which cannot be moved due to type, age, or other considerations;

(g) The total number of manufactured/mobile home residents, broken down space by space to identify the owner or renter occupancy, principal or second home occupancy, residents under 16 years of age, residents 60 years of age or over, residents who require accessibility per the Americans with Disabilities Act, any remaining mortgage and its terms, the purchase date and price paid by the manufactured/mobile home owner, the cost incurred by the manufactured/mobile home owner in improving the home and the amount and terms of any remaining mortgage. This information shall be provided on a questionnaire developed by the Director and sent to the residents by the Director who shall use the information in evaluating the application and any appropriate relocation assistance; provided, however, that the questionnaires shall remain confidential and that, to the extent possible, the Director shall maintain the confidentiality of the personal financial information contained in the questionnaire;

(h) The name and mailing address of each eligible resident, manufactured/mobile home tenant, manufactured/mobile home resident, resident manufactured/mobile home owner and legal owner of a manufactured/mobile home in the park;

(i) The purchase price of condominiums, similar in size to the manufactured/mobile homes within a reasonable distance, and the rental rates and moving costs involved in moving to an apartment or other rental unit within a reasonable distance, including but not limited to fees charged by moving companies and any requirement for payment of the first and last month’s rent and security deposits;

(j) A list of comparable manufactured/mobile home parks within a 50-mile radius of the applicant’s manufactured/mobile home park. For each comparable park, the list shall state the criteria of that park for accepting relocated manufactured/mobile homes, rental rates and the name, address, and telephone number of the park representative having authority to accept relocated homes, including any written commitments from manufactured/mobile home park owners willing to accept displaced manufactured/mobile homes;

(k) Estimates from two moving companies as to the minimum and per mile cost of moving each manufactured/mobile home, including tear-down and setup of manufactured/mobile homes and moving of improvements including but not limited to porches, carports, patios, and other moveable amenities installed by the residents. Said moving companies shall be approved by the Director prior to inclusion in the final CIR;

(l) Proposed measures to mitigate the adverse impacts of the conversion upon the manufactured/mobile home park residents; and

(m) Identification of a relocation specialist to assist residents in finding relocation spaces and alternate housing. The specialist shall be selected by the applicant, subject to approval by the City, and shall be paid for by the applicant.

(D) Notice to Existing and Prospective Occupants Regarding Pending Change in Status of Park – Relocation Assistance. When an application for change of use of a manufactured/mobile home park has been filed with the Director, the applicant shall give notice to all existing tenants of the subject park, and all prospective manufactured/mobile home purchasers and prospective manufactured/mobile home tenants within the park, prior to commencement of escrow to purchase the home and execution of any rental agreement, that the application for change of use has been filed and that they may not be entitled to relocation assistance pursuant to this Section. The applicant shall obtain a signed acknowledgment of receipt of such notice from each tenant and prospective purchaser or tenant and file it with the Director. Provided all requirements of Civil Code Section 798.80 or successor statute have been complied with, tenants of the manufactured/mobile home park shall have the right of first refusal to purchase the manufactured/mobile home park prior to its sale to some other individual or entity.

(E) Application for Change of Use – Public Hearing – Findings.

(1) Application.

(a) Upon the filing of an application for change of use and CIR, or for exemption from the requirements of Government Code Section 65863.7, the Director shall examine the same and advise the applicant in writing within 30 days after receipt thereof whether it is complete. The application for a change of use and CIR shall be accepted for filing without the appraisals and confidential tenant information required by Subsection (C)(2)(f) of this Section, but the application shall not be deemed complete until that information has been supplied by the applicant. If the applicant fails to provide the information required by Subsection (C)(2)(f) of this Section within 120 days of filing the application, the application shall be deemed withdrawn.

(b) An application for exemption from the requirements of Government Code Section 65863.7 shall specify whether it is for a partial or complete exemption and shall provide documentary evidence of the qualification for any exemption allowed by Government Code Section 65863.7. The application shall contain the information required in Subsection (C)(2) of this Section except that it need not provide the information required by Subsections (C)(2)(f), (i) and (l) of this Section. Further, while the applicant must identify a qualified relocation specialist, the requirement that the services of the specialist be paid for by the applicant may be waived.

(2) Not less than 30 days prior to the scheduled public hearing before the Planning Commission, the applicant shall, by certified mail or personal delivery, transmit to the registered and legal owner of each manufactured/mobile home occupying a space within the manufactured/mobile home park and to each resident a copy of the CIR and notice of the date, time, and place of the public hearing on the application.

(3) Not less than 15 days prior to the scheduled public hearing before the Planning Commission on the CIR, the applicant shall file with the Director a verification that they have complied with the requirements of this Section pertaining to notices and transmittal of copies of the CIR and with all notice requirements in Government Code Section 65863.7, et seq. The form and manner of such verification shall be subject to approval by the City Attorney.

(F) Planning Commission Hearing, Findings, and Advisory Decision.

(1) Upon review of an application for change of use or exemption and the CIR and consideration of the written and oral evidence received at the hearing, the Commission shall render its findings and recommendation to the City Council by resolution within 95 days of the date the application and CIR were accepted as complete. In rendering its advisory decision, the Commission may recommend reasonable measures not exceeding the reasonable costs of relocation to mitigate the adverse impacts on eligible residents displaced by the change of use, which may include, but are not limited to, the following:

(a) Payment of the cost of physically moving the manufactured/mobile home to a new site, including tear-down and setup of manufactured/mobile homes, including, but not limited to, movable improvements including but not limited to patios, carports, and porches;

(b) Payment of a lump sum based on consideration of the first and last month’s rent and any security deposit at the new manufactured/mobile home park;

(c) Payment of a lump sum based on consideration of any differential between rental rates at the closing manufactured/mobile home park and the new manufactured/mobile home park during the first year of the new tenancy;

(d) For residents whose manufactured/mobile home cannot be relocated to a comparable park within a 50-mile radius of the closing manufactured/mobile home park, payment of a lump sum based upon consideration of the value of the manufactured/mobile home, including resident improvements (i.e., landscaping, porches, carports, etc.), any mortgage obligations of the resident on the manufactured/mobile home, and the costs of purchasing a manufactured/mobile home on site in a comparable park or acquiring other comparable replacement housing;

(e) Provision of a replacement space within a reasonable distance of the closing manufactured/mobile home park;

(f) Notwithstanding any other provision in this Section, the total of the mitigation measures required shall be subject to and shall not exceed the limitation in Government Code Section 65863.7 which provides: “the steps taken to mitigate shall not exceed the reasonable costs of relocation”; and

(g) Notwithstanding any other provision of this Section, if the manufactured/mobile home park closure or cessation in use is the result of an adjudication of bankruptcy, the applicant shall not be required to pay relocation assistance as specified within Government Code Section 65863.7(e).

(2) City Council Hearing, Findings and Decision.

(a) The application for change of use and any application for exemption shall be set for hearing before the City Council within 45 days of the date of the Planning Commission resolution recommending the mitigation measures to be imposed on the change of use of a park or exemption, pursuant to Government Code Section 65863.7, from the provision of relocation assistance.

(b) The City Council, after review and consideration of the application, the CIR and the written and oral evidence received at the hearing, shall by resolution render its findings and decision within 80 days of the date of the Planning Commission resolution.

(c) The City Council may impose reasonable measures not exceeding the reasonable costs of relocation to mitigate the adverse impacts of the change of use on eligible manufactured/mobile home residents pursuant to Subsection (F)(1) of this Section. The decision of the City Council shall be final. Pursuant to Code of Civil Procedure Section 1094.6, the statute of limitations for bringing a judicial challenge to any decision concerning a change of use of a manufactured/mobile home park shall be 90 days and notice of the City’s decision to the applicant and affected residents shall include notice that the 90-day statute of limitations in Code of Civil Procedure Section 1094.6 is applicable.

(G) Measures to Prevent Avoidance of Relocation Assistance Obligations.

(1) No notice or other announcement that a park is closing, or converting to another use, or may close or convert to another use, may be made before the applicant has filed an application for change of use with the City. No signs may be posted on or adjacent to the park property indicating that the park is closed or converted to another use until the application and CIR has been approved and the applicant has executed and filed with the Director a written acceptance of the mitigation requirements imposed on the change of use pursuant to this Section.

(2) Any eligible resident who relocates after an application for a change of use is filed shall be entitled to the relocation assistance imposed as a condition of the change of use even if that resident relocates before the final decision of the City Council determining the required relocation assistance pursuant to this Section.

(3) Each applicant shall send a copy of this Section to each existing and new resident of the park by certified mail. Signed acknowledgment of receipt of such copy by each existing resident shall be filed with the Director within 30 days of the effective date of the ordinance codified in this Title. A signed acknowledgment of such copy by each new resident shall be filed with the Director within 15 days of the date the new resident enters into a rental agreement with a park or lawfully occupies a manufactured/mobile home in the park.

(4) No prospective manufactured/mobile home resident who enters escrow to purchase a manufactured/mobile home in a park prior to the date an application for change of use is filed and no existing manufactured/mobile home resident may be required to sign a waiver, or a lease or rental agreement which includes a waiver, of their rights pursuant to this Section. Any waiver of rights pursuant to this Section by such a manufactured/mobile home resident shall be deemed invalid unless the resident or prospective resident and the applicant obtain the prior approval of the waiver from the Director, who may grant such approval only upon a finding that the waiver is voluntary and was made after being fully informed of the terms of this Section.

(H) Compliance with Relocation Assistance Required as a Condition of Approval of a Change of Use.

(1) The applicant shall execute and record a certificate, and file proof thereof with the Director, accepting the mitigation measures imposed on the approval of a change of use within 90 days of the final resolution approving the change of use and shall give the six months’ notice of the “Termination of Tenancy” and closure of the park required by the Civil Code within 120 days of the adoption of that resolution. A resolution approving a change of use shall automatically become null and void if the certificate accepting the conditions is not filed and executed within 90 days of the date of the final resolution approving the change of use and the notice of “Termination of Tenancy” has not been given within 120 days of that resolution. All mitigation measures imposed on the approval of a change of use shall be fully performed as to each resident prior to that resident’s required vacation of the manufactured/mobile home park, unless otherwise provided in the mitigation measure. No eligible resident shall be required to vacate a manufactured/mobile home space unless the applicant is in full compliance with all mitigation measures imposed pertaining to such resident and has otherwise fulfilled the notice requirements of the California Mobile Home Residency Law relating to “Termination of Tenancy.”

(2) No building permit shall be issued for the development of any real property which has been, or is being, converted from a manufactured/mobile home park pursuant to this Section unless and until the City has adopted a resolution approving the change of use and the applicant has fully complied with the relocation assistance required by that resolution.

(I) Modification and Revocation of Approved Change of Use.

(1) Modification.

(a) After a change of use has been approved and after the applicant has executed and recorded a certificate of acceptance of the conditions of the resolution approving it, modification of the mitigation measures imposed, including additions and deletions, may be considered upon the filing of a written application by the applicant. Modification may be granted on the grounds that there has been a change in circumstances or new information, which could not reasonably have been known or considered at the time of the hearings on the application, has become available. Examples of such new information or changed circumstances include, but are not limited to, revised plans by the applicant and a change in the availability of relocation spaces. A modification shall not be granted when it would unreasonably prejudice the ability of the residents to relocate to comparable spaces or comparable alternate housing.

(b) Any application for modification shall be subject to the notice and hearing procedures set forth in Subsections (E) and (F) of this Section. The decision in connection with a modification request shall take place as with the initial approval.

(2) Revocation.

(a) The City Council may by resolution initiate revocation proceedings on the grounds that the applicant has violated the provisions of this Section or the terms of the resolution approving the change of use. The resolution shall specify the grounds asserted for revocation of the approval of the change of use by the park and shall set a hearing before the City Council to consider the revocation not sooner than 45 and not later than 60 days after the date of the resolution.

(b) A copy of the resolution shall be sent to the applicant by certified mail or personal delivery together with notice that any response by the park must be filed at least 20 days prior to the date set for the revocation hearing.

(c) The City Council shall render its findings and decision concerning revocation by resolution within 90 days after initiating revocation proceedings.

(J) Expiration and Extension of Approval.

(1) Approval of a change of use shall become null and void if the notice of “Termination of Tenancy” has not been given within the time provided in Subsection (H)(1) of this Section and relocation pursuant to the conditions of approval has not occurred within 12 months of the effective date of the resolution approving the change of use, unless otherwise extended as provided in Subsection (J)(2) of this Section or unless otherwise provided in the resolution approving it.

(2) Upon application by the applicant filed with the Director on or before the time provided for giving the notice of termination or the expiration of the approval of the change of use, the date for giving notice and the approval may be extended by the City Council upon a showing of good cause. The request may be denied if the Council finds that the applicant has unreasonably delayed implementation of the mitigation measures or that further delay will result in prejudice or further adverse impacts upon eligible residents remaining in the park. Approval of an extension may be conditioned on reasonable measures designed to mitigate the adverse impacts resulting from the delay. The application for extension shall be subject to the notice and hearing procedures set forth in Subsections (E) and (F) of this Section.

(K) Enforcement.

(1) The City Council may bring a civil action to enforce the terms of this Section or the terms of a resolution approving a change of use.

(2) A violation of this Section or of the terms of a resolution approving a change of use shall be a misdemeanor punishable by a fine of $1,000. Each violation of this Section shall be a separate violation, each violation of each term of such resolution as to a particular eligible resident shall be a separate violation and each continued day of violation after notice of violation has been given shall constitute a separate violation.

(L) Conflicts. In the event the provisions of this Section conflict with any code, ordinance, or standard of the City, the provisions of this Section shall govern. In the event any provisions of this Section conflict with a provision of State law, this Title shall be interpreted and applied in conformity with State law.

(M) Severability. If any part or provision of this Section or the application of such to any person or circumstance is held invalid, the remainder of the Section, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end the provisions of this Section are severable. (Ord. 1603 § 4 (Exh. I), 2023)

17.91.070 Residential care facilities, large.

(A) Purpose and Intent. It is the purpose of this Section to establish specific standards for large residential care facilities as defined within PMC Chapter 17.16 (Definitions). The intent is to ensure that adequate services and facilities are available to meet the special housing needs of individuals with a disability or illness who require assistance with day-to-day living.

(B) Development Standards. All large residential care facilities shall conform to the following standards:

(1) Property Standards. The parcel upon which the facility is to be established shall conform to all standards of the underlying land use and zone;

(2) Occupancy Limitations. Resident occupancy shall be limited to persons who require some form of personal assistance with day-to-day living due to a disability or illness and their spouses, and caregivers who live on site.

(3) Density. Large residential care facilities which do not include individual kitchen facilities shall not be subject to density requirements. If the facility does include individual kitchen facilities and the units are considered “dwelling units” as defined in PMC § 17.16.040, the facility shall be subject to the density requirements as specified by the General Plan.

(4) Common Facilities. Large residential care facilities shall provide the following common areas which shall be centrally located and accessible to all residents:

(a) Kitchen(s);

(b) Dining room(s);

(d) Restrooms; and

(e) Lounges that provide television and areas for socializing and sitting.

(5) Recreation and entertainment areas shall also be provided at the following standards provided in Table 17.91.070-1 (Recreation and Entertainment Areas Standards). Examples of recreation and entertainment areas that can be provided to meet the minimum area standards include, but are not limited to:

(a) Activity areas;

(b) Workshops;

(d) Walking paths.

Table 17.91.070-1. Recreation and Entertainment Areas Standards
Standard	1 – 100 Units	101+ Units
Minimum	1,200 sf or 25 sf/unit*	1,600 sf or 10 sf/unit*

Note: *Whichever is greater.

(6) Parking. Off-street parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading) and the following:

(a) All required off-street parking shall be located a maximum of 150 feet from at least one entrance to the facility;

(b) If a shuttle stop is located on the property, shaded waiting areas and adequate and suitably striped paved areas for shuttle parking shall be provided adjacent to the shuttle stops; and

(c) Large residential care facility parking requirements may be adjusted on an individual project basis, subject to a parking study based on the type of assistance provided, and the location and proximity to services including but not limited to medical offices, shopping areas, mass transit, etc.

(7) Bus Turnouts and Shelters. A bus turnout and shelter may be required as determined by the Review Authority if the project is located on a designated regional or crosstown street and adjacent to existing/future bus route(s).

(8) Driveways. Driveway approaches shall be delineated with interlocking pavers, rough textured concrete, landscaped medians, or similar features. Stamped concrete shall be prohibited.

(1) Accessibility. In addition to the Americans with Disabilities Act (ADA) standards for the resident bedrooms listed above, the site shall be provided with access as required by the ADA. Handrails shall be provided along both sides of corridors accessible to residents.

(2) Elevator Access. All large residential care facilities that are two stories or greater shall provide an elevator(s). The elevator(s) must be accessible to all rooms above the first floor and large enough to accommodate a gurney.

(3) Security and Lighting. Landscaping, screening, and other aspects of the development shall conform with the applicable standards of Division 8 (General Development Standards) of this Title.

(4) Trash Areas. Trash areas not located within a building shall be paved and located a minimum of five feet from a private street or drive aisle. Such areas shall be consistent with the standards contained in PMC § 17.85.020 (Refuse and recycling). A minimum of one trash area shall be provided for each building. Trash areas must be designed to accommodate trash, recycling, and organics collections.

(5) Other Requirements. Large residential care facilities shall conform with all local, State, and Federal requirements.

17.91.080 Sober living home.

(A) Purpose and Intent. It is the purpose of this Section to establish specific standards for sober living homes. The intent is to ensure that there are adequate provisions for sober living homes while also protecting surrounding residents from adverse effects from such uses.

(B) Development and Use Standards.

(1) Use Restrictions. A “sober living home” shall mean the use of a residential dwelling structure or unit for a cooperative living arrangement to provide an alcohol- and drug-free environment for persons recovering from alcoholism or alcohol and/or drug abuse who seek a living environment in which to remain clean and sober. A sober living home shall demonstrate each of the following identifying characteristics that serve to distinguish the sober living home from similar land uses, including but not limited to drug treatment facilities or community care facilities that are subject to State licensing requirements and from all other uses of residential property as follows:

(a) No more than six persons, including live-in managers, operators, or owners, must reside on the premises;

(b) All residents, including live-in managers, operators, or owners, must be recovering from alcohol and/or drug abuse;

(e) There must be a written policy dealing with the use of drugs or alcohol;

(f) Owners, operators, managers, and residents must not provide any of the following services on site as they are defined by Section 10501.a.6 of Title 9, California Code of Regulations:

(i) Detoxification;

(ii) Educational counseling;

(iii) Individual or group counseling sessions; or

(iv) Treatment or recovery planning;

(g) The number of residents subject to the sex offender registration requirements of Penal Code Section 290 must not exceed the limit set forth in Penal Code Section 3003.5 and must not violate the distance provisions set forth in Penal Code Section 3003;

(h) Residents must not require nonmedical care and/or supervision as those terms are defined in Health and Safety Code Section 1503.5 and Section 80001.c.3 of Title 22 of the California Code of Regulations;

(i) The operators and/or residents must maintain current membership in a recognized nonprofit organization of sober living homes that provide a credible quality assurance service for applicants or members or have received a sober living home certification from the State of California Department of Alcohol and Drug Programs; and

(j) Owners, managers, operators, and residents must ensure that the property and its use comply with all applicable State and local laws.

(2) Property Standards. The parcel upon which the sober living home is located shall conform to all standards of the underlying land use designation and zone.

(C) Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title. (Ord. 1603 § 4 (Exh. I), 2023)