Chapter 19.64 — Sunnyvale Zoning Code

RESIDENTIAL CARE FACILITIES AND CONGREGATE RESIDENCES

§ 19.64.010. Findings and purpose. ¶

The city council finds that residential care facilities provide a cost-effective, humane and noninstitutional environment for elderly persons, persons suffering from chronic illnesses, persons suffering from mental or physical impairments, and persons recovering from drug and/ or alcohol addiction. The city council also finds that the public health, safety and welfare of all residents of the city is best served when such facilities are licensed by the California Department of Social Services, the California Department of Alcohol and Drug Programs, or other appropriate agency or department of the state of California or the county of Santa Clara, to ensure compliance with applicable regulations and standards designed to promote and maintain successful programs, but that in fact not all such facilities are so licensed. The city council further finds that it is in the best interests of the public health, safety and welfare to preserve and protect the integrity of residential neighborhoods, in accordance with the goals and policies of the general plan. The city council finds that overconcentration of residential care facilities and congregate residences could impair the integrity of residential neighborhoods. The purpose of this chapter is to provide reasonable accommodations for the needs of persons with disabilities seeking a humane and noninstitutional environment, while at the same time ensuring necessary safeguards to protect the integrity of residential neighborhoods. (Prior zoning code § 19.34.010; Ord. 2623-99 § 1)

§ 19.64.020. Use regulations. ¶

In any zoning district where residential uses are permitted, a residential care facility or a congregate residence may be permitted. All residential care facilities and congregate residences shall be subject to all zoning, subdivision, housing and building regulations and codes applicable to that zoning district, in addition to any building or housing regulations and codes expressly applicable to residential care facilities or congregate residences, particularly building and fire safety requirements. Nothing in those regulations and codes shall be construed to prohibit residential care facilities or congregate residences in any low and low-medium density (R-0, R-1, R-1.5, R-1.7/PD and R-2) zoning districts. No privately created covenant, equitable servitude or other contract or agreement shall be used as the basis of denial of permission to operate a facility or residence otherwise in compliance with this chapter. (Prior zoning code § 19.34.020; Ord. 2623-99 § 1)

§ 19.64.030. Residential care facilities—Six or fewer residents—Regulations. ¶

(a) Licensed. Residential care facilities consisting of six or fewer residents, not including any provider or provider's family or staff, shall be exempt from the provisions of this chapter provided the facility is licensed by the appropriate state or county agency or department.
(b) Unlicensed. Residential care facilities for six or fewer which are not required to be licensed by a state or county agency or department shall be allowed in all residential zoning districts, with a use permit issued in accordance with the provisions of Chapter 19.88, and in accordance with the findings specified in Section 19.64.070.

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City of Sunnyvale, CA

SUNNYVALE CODE

§ 19.64.030

§ 19.64.050

(Prior zoning code § 19.34.030; Ord. 2623-99 § 1)

§ 19.64.040. Residential care facilities—More than six residents—Regulations. ¶

(a) Licensed. Residential care facilities which have been established to accommodate seven or more residents, not including any provider or provider's family or staff, shall be allowed in all zoning districts, provided the facility is licensed by the appropriate state or county agency or department and complies with the following requirements:
- (1) Parking spaces must be maintained in accordance with the requirements of Chapter 19.46;
- (2) No sign which calls attention to the fact that the property is a residential care facility may be posted; and
- (3) The owner shall obtain a use permit pursuant to Chapter 19.88.
(b) Unlicensed. Residential care facilities for seven or more which are not required to be licensed by a state or county agency or department shall be allowed in medium and high density residential zoning districts and nonresidential zoning districts allowing residential uses, only with a use permit issued pursuant to Chapter 19.88, and in accordance with the findings specified in Section 19.64.070. All such facilities must comply with the following requirements:
- (1) Applicable requirements of the Uniform Building, Housing and Fire Codes are met;
- (2) There must be no less than seventy-five square feet of usable open space available and allocable on the premises per occupant;
- (3) Parking spaces must be maintained in accordance with the requirements of Chapter 19.46;
- (4) No sign which calls attention to the fact that the property is a residential care facility may be posted.

(Prior zoning code § 19.34.040; Ord. 2623-99 § 1)

§ 19.64.050. Congregate residences—Regulations. ¶

(a) Congregate residences with ten or fewer occupants shall be permitted in all residential zoning districts without a use permit, provided that:
- (1) Applicable requirements of the Uniform Building, Housing and Fire Codes are met;
- (2) Parking spaces must be maintained in accordance with the requirements of Chapter 19.46;
- (3) No sign which calls attention to the fact that the property is a congregate residence may be posted.
(b) Congregate residences with more than ten occupants may be allowed in medium and high density residential zoning districts, and nonresidential zoning districts allowing residential uses, only with a use permit issued pursuant to Chapter 19.88 and in accordance with the findings specified in Section 19.64.070. All such residences must comply with the following requirements:

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City of Sunnyvale, CA § 19.64.050

ZONING

§ 19.64.070

(1) Applicable requirements of the Uniform Building, Housing and Fire Codes are met; and
(2) There must be no less than seventy-five square feet of usable open space available and allocable on the premises per occupant; and
(3) Parking spaces must be maintained in accordance with the requirements of Chapter 19.46; and
(4) No sign which calls attention to the fact that the property is a congregate residence may be posted.

(Prior zoning code § 19.34.050; Ord. 2623-99 § 1)

§ 19.64.060. Overconcentration. ¶

(a) No residential care facility established to accommodate more than six residents shall be allowed to be located within five hundred feet of the boundaries of a parcel with another such facility, and no congregate residence established to accommodate more than ten persons shall be allowed to be located within one thousand feet of the boundaries of a parcel with another such facility consisting of ten or more residents, nor within five hundred feet of the boundaries of a parcel with a residential care facility of more than six residents, unless specifically authorized pursuant to a use permit issued pursuant to Chapter 19.88.
(b) An application for a use permit for a residential care facility or for a congregate residence, as required by this chapter, shall be accompanied by a written statement to the effect that the applicant has reviewed the permit records of the city and either that those records show no permitted residential care facility or congregate residence within five hundred or one thousand feet, as appropriate, or that the applicant is requesting a waiver of the distance requirement.
(c) If the applicant requests a waiver from the distance requirement, the director of community development shall refer such request to the planning commission for action. The planning commission shall conduct a public hearing on the request for a waiver. Notice of the public hearing on the request for waiver shall be given to the applicant and to the owners of all property within three hundred feet of the applicant's property. The planning commission may only grant a waiver from the distance requirement if it finds that such waiver would not be materially detrimental or injurious to the property, improvements or uses in the immediate vicinity.
(d) The provisions of Chapter 19.98, pertaining to appeals of actions on use permits to the city council, shall be applicable to actions on use permits and waivers of distance requirements for residential care facilities and congregate residences.
(Prior zoning code § 19.34.060; Ord. 2623-99 § 1)

§ 19.64.070. Findings. ¶

In keeping with the intent of this chapter to provide a reasonable accommodation for the needs of persons with disabilities to obtain housing, while at the same time fulfilling its obligation to protect the integrity of the residential character of the neighborhood zoning districts, the city council finds that the following guidelines shall be used by the director of community development and the planning commission in making findings in granting or denying a use permit request.

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City of Sunnyvale, CA

SUNNYVALE CODE

§ 19.64.070

(a) The application for a use permit shall be granted so long as the enumerated requirements are met unless the director or the planning commission finds, based upon individualized inquiry and evidence, that the proposed occupancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others.
(b) Conditions may be imposed if demonstrated to be warranted by the unique and specific aspects of a particular situation.

(Prior zoning code § 19.34.070; Ord. 2623-99 § 1)

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City of Sunnyvale, CA