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Clayton City Zoning Code

CHAPTER 17

46 - RESIDENTIAL CARE HOMES

Sections:


17.46.010 - Definition.

In this chapter, unless the context otherwise requires, the term "Residential Care Home" means any family home, group care facility, or similar facility licensed by the Director of Social Services of the State of California for twenty-four (24) hour non-medical care of physically handicapped or mentally impaired persons in need of personal services, supervision or assistance essential for maintaining the activities of daily living or for the protection of the individual. A residential care home offers a relatively permanent, family-like setting for the occupants. A residential care home does not include nor does this chapter apply to half-way houses or recovery homes which provide care for only a limited time and seek to transition the occupants into another more permanent living arrangement (e.g., alcohol or drug recovery, probation or correctional facility, homeless or abuse shelter).

(Ord. 325, 1996)

17.46.020 - Purpose and Application.

The purpose of this article is to authorize the establishment of residential care homes in residential neighborhoods where such uses will not have an adverse effect on the surrounding areas.

A residential care home serving six (6) or fewer persons is exempt from these requirements.

(Ord. 325, 1996)

17.46.030 - Development Standards.

Residential care homes shall comply with the following standards:

A.

An operating license, if required, shall be obtained through the State and County authorities, prior to or concurrently with obtaining a permit pursuant to this chapter. Applicant shall comply with all State and County regulations administered by the Welfare Department or any other agency designated by the State Department of Social Services including, but not limited to the following:

1.

The maximum number of persons for whom care shall be provided when there is no assistant provider in the home shall be up to nine (9).

2.

The maximum number of persons for whom care shall be provided when there is an assistant provider in the home shall be twelve (12).

3.

The capacity specified on the license shall be the maximum number of persons for whom care can be provided.

B.

Residential care homes shall be located within a detached single-family dwelling.

C.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.37 (Off-Street Parking and Loading Regulations). Any required parking space(s) may be located within the front setback but shall not impede access to the off-street parking required to serve the dwelling.

D.

No signs other than those permitted by the applicable zoning district regulations shall be permitted.

E.

In order to help assume that two (2) central purposes of a residential care home - normalization and community integrity of the occupants - will not be hindered, no such home shall be located closer than one thousand (1,000) feet of another such home.

F.

The applicant shall bring the residential structure into compliance with the Uniform Building Code and State Standards for handicapped accessibility.

(Ord. 325, 1996; Ord. 375, 2004; Ord. 408, 2007)

17.46.040 - Residential Care Home Permit Review and Approval.

No residential care home shall be established until an application for a use permit has been submitted to and approved by the Planning Commission in accordance with the procedures set out in Chapter 17.60 of this title.

(Ord. 325, 1996)