La Verne City Zoning Code
CHAPTER 18
86 HEALTH CARE AND SOCIAL SERVICE FACILITIES
§ 18.86.010 Purpose and intent.
This chapter is intended to accommodate and encourage the development of facilities for child care, health care, and social services by establishing standards and conditions which enable such facilities to be created and which also protect the character and integrity of surrounding property and neighborhoods.
(Ord. 912 § 2, 1997)
§ 18.86.020 Child care-Small family day care homes.
Small family day care homes are a permitted use in all residential districts. A small family day care home may provide care for six or fewer children, or, may provide care for more than six and up to eight children when the following requirements are met:
A.
At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years old;
B.
No more than two infants are cared for during any time when more than six children are cared for;
C.
The licensee notifies each parent that the facility is caring for two additional school age children and there may be up to seven or eight children in the home at one time; and
D.
The licensee obtains the written consent of the property owner if the home is being operated on leased or rented property.
(Ord. 912 § 2, 1997; Ord. 972 § 2, 2004)
§ 18.86.030 Child care-Large family day care homes.
Large family day care homes shall be permitted in all single-family residential districts provided that the home has been shown to meet the conditions listed in Section 18.86.070 of this chapter. A large family day care home may provide care for up to twelve children, or, may provide care for more than twelve and up to fourteen children when the following requirements are met:
A.
At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years old;
B.
No more than three infants are cared for during any time when more than twelve children are cared for;
C.
The licensee notifies each parent that the facility is caring for two additional school age children and there may be up to thirteen or fourteen children in the home at one time; and
D.
The licensee obtains the written consent of the property owner if the home is being operated on leased or rented property.
(Ord. 912 § 2, 1997; Ord. 972 § 3, 2004)
§ 18.86.040 Application-Large family day care homes.
Applications for large family day care homes shall be filed with the community development department together with a filing fee as established by resolution of the city council. Applications shall be accompanied by information and materials determined necessary by the community development department, including but not limited to a site plan, a floor plan, a drop-off and pick-up plan, and documentation showing that all requirements for licensing have been met.
(Ord. 912 § 2, 1997)
§ 18.86.050 Notice-Large family day care homes.
Within ten calendar days after the application has been deemed complete, written notice of the proposed child care facility and information regarding time limits to request a hearing by the planning commission shall be sent to all property owners and residents within a three hundred foot radius, as well as to the planning commission and the city council. Requests for a hearing made by members of the public shall be in writing and submitted to the community development director. If, within fifteen calendar days after notice has been mailed, no requests for a hearing have been received, the community development director shall approve the application provided that the conditions in Section 18.86.070 have been met.
(Ord. 912 § 2, 1997)
§ 18.86.060 Hearing-Large family day care homes.
If a request for a hearing has been submitted to the community development director, a date shall be set not less than thirty calendar days and not more than sixty calendar days from the date the notice was sent. At the hearing, the planning commission shall consider the information submitted in the application and the comments of the applicant and affected citizens. If the commission determines that the conditions listed in Section 18.86.070 have been met, it shall grant approval of the application.
(Ord. 912 § 2, 1997)
§ 18.86.070 Approval-Large family day care homes.
A large family day care home shall be approved if the facility meets the following requirements. A large family day care home shall:
A.
Comply with all applicable child care health, safety, and welfare regulations and receive and keep current a state license for this specific facility and number of children; and
B.
Locate more than six hundred feet from a similar facility provided for under state law, including smaller facilities; and
C.
Have a drop-off and pick-up plan which is considered safe by child care and traffic professionals, and which is staggered to limit the traffic impact on adjacent properties; and
D.
Comply with provisions to monitor and subsequently mitigate noise if the noise from the home is found to exceed the city's adopted noise standards, and to establish hours of operation acceptable to the community development director; and
E.
Be located in a single-family home which has code required parking for a single-family residence; and
F.
Comply with all State Fire Marshal requirements for building and safety which apply to large family day care homes, and with all local building and fire codes which apply to single-family residences.
(Ord. 912 § 2, 1997)
§ 18.86.080 Noncompliance-Large family day care homes.
The planning commission may revoke approval of the large family day care home upon a determination at a public hearing that the above conditions are not being met. Notification of the hearing shall be in accordance with standard notice procedures. The applicant or any interested person may appeal the decision of the planning commission to the city council within ten calendar days of the planning commission hearing.
(Ord. 912 § 2, 1997)
§ 18.86.090 Health care and social service facilities.
A.
The following issues shall be addressed when a precise plan, use and occupancy permit, or other application is being considered for a health care or social service facility as defined in Chapter 18.08, Definitions.
B.
When a social service or health care facility requires a conditional use permit in accordance with the provisions of an adopted specific plan, this code, or other applicable adopted land use regulation, the following conditions shall be met, in addition to the findings required under Section 18.108.030, Conditional use permit—Criteria.
1.
Parking and Loading.
a.
The facility shall have parking and loading areas that meet the standards of this code or the standards of the applicable specific plan, except when a study, conducted by a qualified traffic engineer, establishes alternative standards for the particular use under consideration, to the satisfaction of the community development director and city engineer. The special needs of the clients shall be considered in designing the parking area.
b.
For emergency shelters in existing structures, the existing parking available from the previous use shall be deemed adequate as long as it equals or exceeds twenty-five percent of the number of spaces required in the code for the size and use of building.
2.
Public Transportation. The facility shall be located within a reasonable distance, as determined by the community development director, of public transportation and other public services that are necessary for the clients of the facility.
3.
Site Plan and Building Design. The site plan and building design shall be compatible with the surrounding neighborhood with respect to architecture and landscaping. The design of the building shall be appropriate for the proposed use and shall take clients' special needs into consideration. If appropriate, the facility shall have child care and play areas.
4.
Waiting Rooms. If the facility will have clients waiting for services, there shall be a waiting room or lobby sufficient to accommodate the maximum number of people expected to be present at one time, as determined by the city building inspector.
5.
Noise Mitigation. Annoying or periodic loud noises (such as from emergency vehicles) shall be mitigated to the greatest extent possible in order to protect adjacent properties and promote good relationships with neighbors.
6.
Hours of Operation. If applicable, hours of operation shall be established which protect as much as possible, to the satisfaction of the community development director, the surrounding uses and neighborhoods.
7.
Governing Board/Proprietor and Licensing.
a.
The facility shall be operated under the authority of a reputable governing board or agency which, when required by law, is properly registered and licensed. The planning commission shall be satisfied that the proprietor has a good and verifiable track record in managing facilities of the kind proposed, and the operator will be available to city officials, if necessary, to resolve complaints.
b.
Non-Profit. Homeless shelters and other facilities for the homeless shall be operated by non-profit agencies.
8.
Hazardous Waste. In the case of a medical facility, it shall be demonstrated with documentation that hazardous wastes shall be properly handled and disposed of under appropriate state and federal laws.
9.
Staff and Supervision. Every health care and social service facility shall have sufficient staffing, supervision, and security arrangements appropriate to its program, the number of clients, and hours of operation. Adequate on-site management shall be provided.
10.
Rules of Conduct. The operators shall have a written plan for facilitating good relationships and resolving problems with neighboring residents and businesses. If appropriate to the facility, this plan shall include written rules of conduct for clients which adequately protect adjacent properties.
11.
Maintenance Agreement. An agreement with the city regarding maintenance of property and landscaping shall be included in the application.
12.
Spacing of Shelters. In the case of emergency shelters for the homeless, such facilities shall be located a minimum of one thousand five hundred feet from another such facility.
13.
Revocation. The planning commission may revoke the conditional use permit for a social service or health care facility if any conditions of approval are violated, as specified in Section 18.108.110.
14.
Review. There shall be a mandatory annual review to ensure compliance with conditions of approval.
(Ord. 912 § 2, 1997)
§ 18.86.100 Emergency homeless shelters and transitional housing.
A.
Emergency shelters for the homeless are permitted in specific plan areas that allow them by-right or by a conditional use permit. The findings in Section 18.16.100 or 18.108.030, as applicable, shall be met in addition to the development requirements of the specific plan.
B.
Precise plan review shall be required for transitional housing. This kind of facility, which provides shelter and counseling for families for a period ranging from one month to two years, may occur in single-family residences or up to eight multiple-family units in a multiple family development. In addition to the findings required in Section 18.16.100, Precise plans—Findings, the following findings shall be made for approval of transitional housing:
1.
Parking. The housing shall have adequate parking as required in the code.
2.
Management. The unit(s) shall have on-site management or shall be a single "satellite" facility, with a central manager or agency that oversees several units or facilities.
3.
Support Services and Security. The families being housed shall be provided with appropriate counseling as well as with vocational and other supportive services. Appropriate security arrangements shall be provided.
4.
Written Rules. To help ensure protection of neighboring properties, the housing shall have written rules of conduct for residents as well as a written plan for handling complaints.
5.
Property Maintenance. There shall be a written agreement between the city and the manager of the units regarding adequate property and landscaping maintenance.
6.
One Household Per Unit. The housing shall have a maximum of one household per dwelling unit. A more intense occupancy shall require a conditional use permit.
7.
Signs. There shall be no signs identifying the type of housing.
8.
Revocation. The permit may be revoked if conditions of approval are not fulfilled, in accordance with the provisions in Section 18.108.110.
9.
Review. There shall be an annual inspection and review to ensure compliance with the conditions of approval.
10.
Spacing of Units. Unless, in the opinion of the development review committee, there is a compelling reason to do otherwise, single-family transitional housing units shall be scattered and be spaced no closer than six hundred feet from one another.
(Ord. 912 § 2, 1997; Ord. 25-1129, 2/18/2025)
§ 18.86.110 Supportive housing.
A.
Supportive housing shall be a use by right in all zones of the city, including specific plan areas, where multiple dwelling uses are permitted, including commercial zones, if the proposed housing development satisfies all of the following requirements:
1.
Units within the development are subject to a recorded affordability restriction for fifty-five years.
2.
One hundred percent of the units within the development are dedicated to low-income households and are receiving public funding to ensure affordability of the housing to low-income Californians. For purposes of this paragraph, "low-income households" means households with an income equal to or less than eighty percent of the area median income.
3.
At least twenty-five percent of the units in the development or twelve units, whichever is greater, are restricted to residents in supportive housing. If the development consists of fewer than twelve units, then one hundred percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.
5.
Nonresidential floor area shall be used for on-site supportive services and administrative office space in the following amounts:
a.
For a development with twenty or fewer total units, at least ninety square feet shall be provided for on-site supportive services.
b.
For a development with more than twenty units, at least three percent of the total nonresidential floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
c.
The total floor area dedicated to administrative office space shall not exceed twenty-five percent of the total floor area.
6.
The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in Government Code Section 65915(c)(3).
7.
Units within the development include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
8.
There are no more than fifty units in the development.
B.
The city may require a supportive housing development subject to this chapter to comply with the standards in Chapter 18.126; provided, however, that the City shall apply the least restrictive zoning standards or requirements applicable to the jurisdiction.
C.
The city shall approve a supportive housing development that complies with the applicable requirements of this section.
D.
Parking. If the supportive housing development is located within one-half mile of a public transit stop, the city shall not impose any minimum parking requirements, except that the city may require the supportive housing development to include employee parking.
(Ord. 25-1129, 2/18/2025)
§ 18.86.120 Low barrier navigation centers.
A.
A low barrier navigation center shall be a use by right in all zones of the city, including within specific plan areas, where multiple dwelling uses are permitted, including commercial zones, if the proposed development meets the following requirements:
1.
It offers services to connect people to permanent housing through a services plan that identifies services staffing.
2.
It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.
a.
"Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
3.
It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
4.
It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
5.
Operator Standards.
a.
Each shelter shall be operated by a nonprofit responsible organization that has experience in managing and/or providing social services;
b.
An on-site manager shall be present during operating hours; and
c.
A written management plan addressing at a minimum staff training, security, neighborhood communication, client intake, loitering control, referral services, outdoor storage, refuse control, and facility maintenance shall be approved by the city and must be submitted at the time of application.
6.
The city shall notify the developer whether the application is complete within thirty days, and shall issue final approval within sixty days of receipt of a complete application to develop a low barrier navigation center in accordance with this section.
(Ord. 25-1129, 2/18/2025)