Ordinance No. 1688
ORDINANCE NO. 1688
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING VARIOUS CHAPTERS TO T[TLE 19, ZONING OF THE
CUPERTINO MUNICIPAL CODE REGULATION REGARDING RESIDENTIAL
CARE AND CONGREGATE RESIDENCES
SECTION [ -FINDINGS AND PURPOSE: The city council finds that residential care
facilities provide acost-effective, humane and non-institutional environment for elderly
persons suffering from chronic illnesses, persons suffering from mental or physical
impaimtents, and persons rewvering 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
Service, the California Department of Alcohol and Drug Programs, or other appropriate
agency or department to 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 in the general plan. The city council 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 over-concentration 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 non-institutional environment, while at the same
time ensuring necessary safeguards to protect the integrity of residential neighborhoods.
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 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.
(a) The application for a use permit shall be granted so long as the emrmerated
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 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.
Page 2 • •
SECTION II -USE REGULATIONS: In any caning 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 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
(A, A-1, R-1 and R-2) zoning district. 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 incompliance with this chapter.
SECTION III: The City Council of the City of Cupertino does hereby ordain that the
following Chapters are amended as follows:
Chapter 19.08: Definitions
Residential care facility" means a building or portion thereof designed or used for
the purpose of providing twenty-four-hour-a-day non-musical residential living
accommodations pursuant to the Uniform Building, Housing and Fire Codes, in exchange
for payment of money or other consideration, where the duration of tenancy is
determined, in whole or in part, by the individual resident's participation in group or
individual activities such as counseling, recovery planning, medical or therapeutic
assistance. Residential care facility includes, but is not limited to, health facilities as
defined in California Health and Safety Code (H&SC) Section 1250 et seq., community
care facilities (HBcSC Section 1500 et seq.), residential care facilities for the elderly
(H&SC Section 1569 et seq.), and alcoholism or drug abuse recovery or treatment
facilities (H&SC Section 11384.11), and other similaz care facilities.
"Congregate residence" means any building or portion thereof which
contains facilities for living, sleeping and sanitation, as required pursuant to the Uniform
Building, Housing and Fire Codes and may include facilities for eating and cooking for
non-transient occupancy primarily by persons eighteen years old and older, in which the
responsibilities for rent, housekeeping, cooking and other household maintenance chores
are shared among the occupants.
"Transient" means any individual who exercises occupancy or is entitled to
occupancy by reason of concession, permit, right of access, license or other agreement for
a period of thirty consecutive calendar days or less, counting portions of calendar days as
full days, and including any individual who actual physically occupies the premises, by
permissi~ :r of any other person entitled to occupancy.
Page 3 •
Chapter 19.16 -Agricultural (A) Zones
19.16.030 Permitted uses.
I. Residential care facility that is licensed by the appropriate State, County agency or
department with six or less residents, not including the provider, provider family or staff.
J. Congregate residence with ten or less residents.
19.16.040 Conditional uses
B. Issued by the Planning Commission:
3. Residential care facility that is not required to obtain a license by the State, County
agency or department and has six or less residents, not including the provider, provider
family or staff.
4. Residential care facility that has the appropriate State, County agency or department
license and seven or greater residents, not including the provider, provider family or staff,
is a minimum distance of 500 ft. from the property boundary of another residential care
facility.
5. Residential care facility that is not required to obtain a license by the State, County
agency or department and has seven or greater residents, not including the provider,
provider family or staff; is a minimum distance of 500 feet from the property boundary of
another residential care facility.
6. Congregate Residence with eleven or more residents which is a minimum distance of
1,000 feet from the boundary of another congregate residence and has a minimum of 75
square feet of usable rear yard area per occupant.
Chapter 19.20 Agricultural-Residential (A-1) Zones
19.20.030 Permitted nses.
J. Residential care facility that is licensed by the appropriate State, Caunty agency or
department with not more than six residents, not including the provider, provider family
or staff.
K. Congregate residence with ten or less residents.
Page 4 • •
19.20.040 Conditional uses
B. Issued by the Planning Commission:
10. Residential care facility that is not required to obtain a license by the State, County
agency or department and has six or less residents, not including the provider, provider
family or staff.
11. Residential care facility that has the appropriate State, County agency or department
license and seven or greater residents, not including the provider, provider family or staff,
is a minimum distance of 500 ft. from the property boundary of another residential care
facility.
12. Residential care facility that is not required to obtain a license by the State, County
agency or department and has seven or greater residents, not including the provider,
provider family or staff, is a minimum distance of 500 feet from the property boundary of
another residential care facility.
13. Congregate Residence with eleven or more residents which is a minimum distance of
1,000 feet from the boundary of another congregate residence and has a minimum of 75
square feet of usable reaz yard area per occupant.
19.28 Single-family Residential (R-1) Zones
19.28.030 Permitted uses.
F. Residential care #u~nes facility that is licensed by the appropriate State, County
agency or department with six or less residents, not including the provider, provider
family or staff.
K. Congregate residence with ten or less residents.
19.28.040 Conditional uses
B. Issued by the Planning Commission:
3. Residential care facility that is not required to obtain a license by the State, County
agency or department and has six or less residents, not including the provider, provider
family or staff:
4. Residential care facility that has the appropriate State, County agency or department
license and seven or greater residents, not including the provider, provider family or staff,
is a minimum distance of 500 feet from the property boundary of another residential care
facility.
. rage 5 • •
5. Residential care facility that is not required to obtain a license by the State, County
agency or department and has seven or greater residents, not including the provider,
provider family or staff, is a minimum distance of 500 feet from the property boundary of
another residential care facility.
6. Congregate Residence with eleven or more residents which is a minimum distance of
1,000 feet from the boundary of another congregate residence and has a minimum of 75
square feet of usable rear yard area per occupant.
19.28.060 Site development regulations, renumber remaining chapter within section.
19.32 Residential Duplex (R-2) Zones
19.32.030 Permitted uses
H. Residential care facility with six or less residents not including the provider, provider
family or staff, in each unit, that has a license from the appropriate State, County agency
or department.
I. Congregate Residence with tenor less residents, in each unit.
B. Issued by the Plaaning Commission
2. Residential care facility, in each unit, that is not required to obtain a licettse by the ,
State, County agency or department and has six or less residents, not including the
provider, provider family or staff.
3. Residential care facility, in each unit, that has the appropriate State, County agency or
department license and has seven or greater residents, not including the provider, provider
family or staff, is a minimum distance of 500 feet from the property boundary of another
residential care facility.
4. Residential care facility, in each unit, that is not required to obtain a permit from the
State, County agency or department license and has seven or greater residents, not
including the provider, provider family or staff; is a minimum distance of 500 feet from
the property boundary of another residential care facility and has a minimum of 75 square
feet of usable rear yard area per occupant.
5. Congregate Residence with eleven or more residents which is a minimum distance of
1,000 feet from the boundary of another congregate residence and has a minimttm of 75
square feet of usable rear yard area per occupant.
Page 6 • •
Chapter 19.36 Multiple-Family Residential (R-3) Zones
19.36.030 Permitted Uses
G. Residential care facility with six or less residents not including the provider, provider
family or staff, that has a license from the appropriate State, County agency or
department.
H. Congregate residence with ten or less residents.
B. Issued by the Planning Commission
2. Residential care facility, that is not required to obtain a license by the State, County
agency or department and has six or less residents, not including the provider, provider
family or staff:
3. Residential care facility, that has the appropriate State, County agency or department
license and has seven or greater residents, not including the provider, provider family or
staff, is a minimum distance of 500 feet from the property boundary of another residential
care facility.
4. Residential care facility, that is not required to obtain a permit from the State, County
agency or department license and has seven or greater residents, not including the
provider, provider family or staff, is a minimum distance of 500 feet from the property
boundary of another residential care facility and has a minimum of 75 square feet of
usable rear yard area per occupant.
5. Congregate residence with eleven or more residents, is a minimum of 1,000 feet from
the boundary of another congregate residence and has a minimum of 75 square feet of
usable rear yard area per occupant.
Chapter 19.36 Residential Hillside (RHS) Zones
19.40.030 Permitted Uses
F. Residential care facility with six or less residents not including the provider, provider
family or staff; that has a license from the appropriate State, County agency or
department.
H. Congregate residence with ten or less residents.
Page 7
B. Issued by the Planning Commission
2. Residential care facility, that is not required to obtain a license by the State, County
agency or department and has six or less residents, not including the provider, provider
family or staff.
3. Residential care facility, that has the appropriate State, County agency or department
license and has seven or greater residents, not including the provider, provider family or
staff, is a minimum distance of 500 feet from the property boundary of another residential
care facility.
4. Residential care facility, that is not required to obtain a permit from the State, County
agency or department license and has seven or greater residents, not including the
provider, provider family or staff; is a minimum distance of 500 feet from the property
boundary of another residential care facility and has a minimum of 75 square feet of
usable rear yard area per occupant.
5. Congregate residence with eleven or more residents, is a minimum of 1,000 feet from
the boundary of another congregate residence and has a minimum of 75 square feet of
usable rear yard area per occupant.
Chapter 19.44 Residential Single-Family Cluster (R1C) Zones
19.44.040 Permitted Uses
F. Residentiai care facility with six or less residents not including the provider, provider
family or staff, that has a license from the appropriate State, County agency or
department.
H. Congregate residence with ten or less residents.
19.44.050 Conditional use permit
A. Issued by the Planning Director
B. Issued by the Planning Commission
2. Residential care facility, that is not required to obtain a license by the State, County
agency or department and has six or less residents, not including the provider, provider
family or staff.
3. Residential care facility, that has the appropriate State, County agency or department
license and has seven or greater residents, not including the provider, provider family or
staff, is a minimum distance of 500 feet from the property boundary of another residential
care facility.
Page 8 • •
4. Residential care facility, that is not required to obtain a permit from the State, County
agency or department license and has seven or greater residents, not including the
provider, provider family or staff, is a minimum distance of 500 feet from the property
boundary of another residential care facility and has a minimum of 75 square feet of
usable rear yard area per occupant.
5. Congregate residence with eleven or more residents, is a minimum of 1,000 feet from
the boundary of another congregate residence and has a minimum of 75 square feet of
usable rear yard area per occupant.
19.64 QUASI PUBLIC BUILDING (BQ)
19.64.050 Conditional Uaes in a BQ zone.
C. Child care facility, residential care facilities, congregate residence, hospitals....
19.100 OFF-STREET PARKING REGULATIONS
19.100.020 Application of regulations.
...The standards and regulations contained in this chapter regulate off-street parking for
conventional zoning districts and are intended also as guidelines for development projects
located in planned development (PD) zones and at congregate residences and residential
care facilities.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
this .~L_ day of June , 1995, and ENACTED at a regular meeting of the City
Council of the City of Cupertino this 19th day of June , 1995, by the following
vote:
YQI~
AYES: Bautista, Sorensen, Burnett
NOES: None
ABSENT: Koppel, Dean
ABSTAIN: None
ATTEST: ~A~PPROVED~:,,/~~~"~"
City Clerk ViceMayor, City of Cupertino
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA )
CITY OF CUPERTMO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City Council of the City
of Cupertino, California, do hereby certify' the attached to be a full, true, and correct copy of
'..:Ordinance No. !6 88 enacted on ~Jc~u,, /_9, 199.E
iN WITNESS WHEREOF, I have hereunto set my hand and seal thiso?_~ day of
~,f~(ix1 _ , 19~
UU ,
KIMBERLY S ,City Clark and ~
ex-officio Clerk of the City Council of
the City of Cupertino, California