Belvedere City Zoning Code
19.37 SC-H
Zone
19.37.010 Purpose.
The senior citizen-handicapped overlay district is established to provide for development of land for senior citizen housing and housing for the handicapped pursuant to standards which reflect the unique character of senior citizen or handicapped persons` residential occupancy. The intent is to encourage the developer to build housing for senior citizens and handicapped by waiving parking and density standards to allow for more units on the site. Any parcel classified as SC-H shall retain its existing, underlying classification and may be developed and used either pursuant to regulations pertaining to such underlying classification or, when authorized by a special use permit, pursuant to regulations pertaining to the senior citizen district. (Ord. 89-1 § 1, 1989.)
19.37.020 Lands subject to SC-H overlay classification.
The SC-H overlay classification may be superimposed only on lands classified as R-3. (Ord. 89-1 § 1, 1989.)
19.37.030 Effect of development and/or use pursuant to SC-H regulations.
Any zoning plot developed or used pursuant to SC-H regulations shall not thereafter be used for any purpose for handicapped persons unless and until the Planning Commission determines that the alternate use satisfies all applicable land use regulations pertaining to the R-3 zoning district. (Ord. 89-1 § 1, 1989.)
19.37.040 Senior citizen-handicapped housing special use criteria.
Senior citizen housing and housing for the handicapped may be permitted as a special use in the SC-H overlay district, when the proposed use meets all of the following criteria:
A. Residential occupancy shall be limited to single persons over sixty years old, to married couples of which one spouse is over sixty years old, to single persons of any age who are physically handicapped, or to married couples of which at least one spouse is physically handicapped of any age.
B. The impact of the use will be generally equivalent to those impacts produced by uses otherwise allowed for land within the R-3 zoning district, with considerations being given to the type of the living units, number of living units, the probable number of residents and the demand on public facilities and services generated.
C. The location, size, design and operating characteristics of the use will be compatible with and will not substantially affect the livability or appropriate development of abutting properties and the surrounding neighborhood. Consideration is to be given to harmony in scale, bulk, coverage and density; to the availability of civic facilities and utilities; to harmful effect, if any, upon desirable neighborhood character; to the generation of traffic and the capacity of surrounding streets; and to any other relevant impacts of the use.
D. The location, design and site planning of the use will provide a convenient and functional living, working, shopping or civic environment, and will be attractive as the nature of the use and its location and setting warrant.
E. The use will enhance the successful operation of the surrounding area in its basic community function, or will provide an essential service to the community or region.
F. Housing shall be specifically designed for the elderly or handicapped and include facilities generally associated with the needs and interests of aged persons. Such facilities shall include secure parking areas, safety bars and rails in units, emergency signal system, adequate exterior lighting for security, ramps and other provisions required for elderly persons by State law or federal regulation. In addition, such facilities may include central dining facilities, laundry rooms, other convenience facilities for occupants, meeting and activity facilities for use by senior citizens or handicapped persons from the surrounding community, and other facilities for the convenience of the senior residents.
G. The use will be so located as to provide residents easy access to community services such as transportation, shopping, and other daily services. Where appropriate, there should also be provided a generous amount of activity facilities (both indoors and outdoors) for residents.
H. At least fifty-one percent of the units will be affordable by elderly households or handicapped persons whose incomes do not exceed eighty percent of the median income for the County as used by the Marin County Housing Authority. (Ord. 89-1 § 1, 1989.)
19.37.050 Waiver of zoning density.
The Planning Commission shall have the authority to waive provisions of Subsection B of Section 19.52.080 regarding minimum lot area for each apartment in the R-3 zone. (Ord. 89-1 § 1, 1989.)
19.37.060 Minimum floor area standards for senior citizen or handicapped uses.
Notwithstanding any other provision of this Code, the minimum floor area for each residential unit for senior citizen or handicapped use shall be as follows:
A. Bachelor or studio-type dwelling units four hundred square feet;
B. One-bedroom dwelling units:
1. Five hundred square feet, if kitchen-dining and living areas combined;
2. Five hundred sixty square feet, if kitchen-dining and living areas separated;
C. Two bedroom dwelling units:
1. Six hundred square feet, if kitchen-dining and living areas combined;
2. Six hundred sixty square feet, if kitchen-dining and living areas separated. (Ord. 89-1 § 1, 1989.)
19.37.070 Special parking standards for senior citizen or handicapped uses.
Notwithstanding any other provision of this Code, the number of parking spaces required to be provided for senior citizen uses may be as low as 0.5 spaces per rental dwelling unit and as low as 0.5 spaces per sale dwelling units. The actual ratio shall be determined by the City Council, after recommendations by the Planning Commission pursuant to Subsection A4 of Section 19.68.020. At least ten percent of such spaces shall be designated handicapped parking stalls. In determining the number of parking spaces required, the following factors, as well as any other relevant factors, shall be considered:
A. The number of employees required by the use, whether such employees will reside on the premises, and hours during which any nonresident employees will be employed;
B. The availability of public transportation;
C. Whether residents of the use will be eligible for government rent subsidies;
D. The degree to which on-site provision of services and facilities will effect the need of residents to leave the site;
E. The proximity of facilities and services to the site. Where appropriate, employee parking on the site shall be separately identified and shall be available only to employees. (Ord. 89-1 § 1, 1989.)
19.37.080 Other land use standards.
Except as provided in this Chapter, standards for height, lot coverage, setbacks and lot area per unit shall be determined by the Planning Commission at the time of granting the special use permit. In determining standards for the height, lot coverage, setbacks and lot area per unit for a specific proposal, the following factors, as well as any other relevant factors, shall be considered:
A. Whether the housing provided is a rehabilitation project;
B. Type of land use and density of surrounding properties;
C. Fire safety considerations and access;
D. Economic feasibility of providing below market rate units;
E. Amenities provided as part of the development proposal. (Ord. 89-1 § 1, 1989.)
19.37.090 Senior citizen or handicapped use guarantees.
Prior to occupancy of any parcel of land developed pursuant to senior citizen and handicapped person regulations, the project’s proponent shall provide documentation limiting the use of the project to senior citizen housing or housing for the handicapped exclusively and vesting in the City the right to enforce such limitation until and unless it determines that any proposed alternate use complies fully with regulations pertaining to the R-3 zoning district. Such documentation may consist of subdivision or parcel map dedication, covenants, conditions and restrictions pertaining to the zoning plot or a recordable use restriction. Any such documentation shall be in a form satisfactory to the City attorney. (Ord. 89-1 § 1, 1989.)
19.37.100 Application procedures.
Except for reclassification initiated by the Planning Commission or City Council, all applications for SC-H classification shall be accompanied by a complete application for a senior citizen/handicapped special use permit. A list of submittal requirements for senior citizen/handicapped special use permits will be provided on a form available in the City offices. The application shall be processed in accordance with the development plan review procedures outlined in Chapter 19.82 of this Title. (Ord. 89-1 § 1, 1989.)