Chapter 84.32 — SMALL UNLICENSED RESIDENTIAL CARE FACILITIES

The State of California has enacted laws and regulations to provide for the care of mentally and physically disabled persons in a residential environment. The purpose of this Chapter is to:

(a) Implement the applicable state laws in a manner that preserves the peace, quiet, and quality of life intended for residential neighborhoods.

(b) Promote the public health, safety, and welfare and to implement the goals and policies of the General Plan by ensuring that permitted and/or conditional uses allowed in residential neighborhoods do not change the character of the neighborhoods as primarily residential communities.

(c) Protect and implement the recovery and residential integration of the disabled by providing adequate accommodation, while also ensuring that small unlicensed residential care facilities are dispersed throughout residential neighborhoods, rather than overly concentrated within any neighborhood.

(d) Provide criteria for the establishment of small unlicensed residential care facilities serving six or fewer persons, which are by definition not licensed by the State of California, including alcohol and drug free treatment facilities (“sober living facilities”), recognizing that if such criteria cannot be met or satisfied, such facilities may request a “reasonable accommodation” in the application of one or more of these criteria pursuant to Chapter 84.31 of this Development Code.

(Ord. 4230, passed - -2014)

The standards in this Chapter apply to small unlicensed residential care facilities serving six or fewer persons where allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses) and subject to the provisions of Chapter 85.20 of this Development Code.

(Ord. 4230, passed - -2014)

In order to ensure that unlicensed residential care facilities serving six or fewer persons are operated in a manner that is consistent with State and Federal law and established industry standards, the criteria listed below shall apply:

(a) Each unlicensed residential care facility shall conform to the property development standards for the land use zoning district in which it is located.

(b) No more than two unlicensed residential care facilities shall be located on the same block within a Single Residential (RS) Land Use Zoning District. Additional facilities may be sited within said block through the reasonable accommodation process. In no case shall the County require a facility to be sited more than 300 feet from a preexisting facility through the reasonable accommodation process. A “block” is defined in § 810.01.040(j) of this Title.

(c) The operator of the facility shall maintain the residential character of the facility, including the building facade, fences, walls and landscaping. All trash and food items shall be promptly and properly contained within closed containers, pending weekly trash collection. The operator shall ensure that adequate containers are provided for the facility, and the containers shall be stored in an area screened from public view.

(d) The facility shall comply with all laws, rules and regulations that apply to its operation, including any building and fire codes. Compliance with all rules and regulations may be verified by an inspection conducted by a code

enforcement officer, building inspector, and/or fire inspector, prior to the issuance of any unlicensed residential care facility permit.

• (e) The property shall comply with all applicable disabled access regulations that are required by the California Building Code and the Americans with Disabilities Act.

• (f) There shall be no more than six residents, not counting a house manager.

(g) The facility shall have one qualified house manager who is present to supervise residents at the facility and who is responsible for its day-to-day operations.

(h) No persons who have been adjudicated a juvenile delinquent, have a criminal record or are required to register as sex registrants under Penal Code Section 290 shall be considered disabled nor reside in the residential care facility based solely on this status. No sex offender shall reside in a residential care facility in violation of the distance requirements set forth in Welfare and Institutions Code § 6608.5(f) or Penal Code § 3003. No persons who currently illegally use or are addicted to a controlled substance (as defined in § 102 of the Controlled Substances Act) or have been convicted of a crime for the illegal manufacture, sale, or distribution of a controlled substance, or persons with or without disabilities who present a direct threat to the persons or property of others shall reside in a residential care facility.

. No persons who currently illegally use or are addicted to a controlled substance (as defined in § 102 of the Controlled Substances Act) or have been convicted of a crime for the illegal manufacture, sale, or distribution of a controlled substance, or persons with or without disabilities who present a direct threat to the persons or property of others shall reside in a residential care facility.

(i) Parking shall be provided on-site to meet the occupancy of each facility at a ratio of not less than one parking space for each bedroom in compliance with § 83.11.040 (Number of Parking Spaces Required). Parking spaces may include garage, carport, and driveway spaces, and may allow for tandem parking. In the Mountain Region, no overnight on-street parking shall be allowed, except where the street is paved to the full width of the ultimate right-ofway. This provision shall not exempt the residents or the manager from compliance with § 53.0303 regarding parking in snow areas.

(j) The facility shall not provide any treatment that would require a State license.

(k) The noise level at the facility shall be maintained at or below County standards, as detailed in § 83.01.080.

(l) The facility shall have a written “good neighbor policy” that directs residents to be considerate of neighbors, including refraining from engaging in excessively loud behavior or in any activity that would violate any of the standards contained in the section that would interfere with the neighbors’ enjoyment of their properties. The good neighbor policy shall establish a written protocol for the house manager to follow when a neighbor complaint is received.

(m) All sober living facilities must prepare and post in a common area within the facility “House Rules” to which all residents must adhere. These rules shall include, but are not limited to, the following:

(1) Resident participation in recovery programs, such as, Alcoholics Anonymous, Narcotics Anonymous, or 12Step Recovery.

(2) A prohibition of the possession, use, sale or distribution of any alcohol or any non-prescription controlled substances by any resident either on or off site.

(3) A prohibition of visitors who possess, or who are under the influence of any, alcohol or any non-prescription controlled substances.

(4) A prohibition of any activity that would result in a direct threat to the health and safety of other individuals or substantial physical damage to the property of others.

(n) The operator of the facility shall be responsible for updating any information required by the permit issued pursuant to Chapter 85.20 of this Title as soon as practical.

(Ord. 4230, passed - -2014)

Any person who has an existing unlicensed residential care facility as defined in § 810.01.200(dd) of this Development Code must seek the issuance of an unlicensed residential care facility permit in compliance with Chapter 85.20 of the this Development Code to continue the use. If the facility is not a small unlicensed residential care facility but is serving seven or more persons in a RM (Multiple Residential) Land Use Zoning District, the operator must seek and obtain an approved Conditional Use Permit. The operator may also seek a reasonable accommodation for this use. (Ord. 4230, passed - -2014)