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(a) Compliance with Division 5 (Permit Application and Review Procedures). The unlicensed residential care facilities permit procedure is intended to provide a less complex and more streamlined review than the review required for a Conditional Use Permit or Minor Use Permit. The project planner shall review the application in compliance with Division 5 (Permit Application and Review Procedures).
(b) Procedure. Staff review without notice.
(c) Review Authority. Director.
(d) New Construction. In issuing an unlicensed residential care facilities permit for new construction the Director shall first confirm that the request satisfies all of the following criteria:
(1) The unlicensed residential care facility is in compliance with the applicable provisions of Chapter 84.32 (Unlicensed Residential Care Facilities) of this Development Code; and
(2) The proposed site and any unlicensed residential care facility existing on the site shall not be in violation of any applicable provision of this Development Code, except for nonconforming uses and structures in compliance with Chapter 84.17 (Nonconforming Uses and Structures).
(e) Reuse of Existing Structure(s). In issuing an unlicensed residential care facilities permit that proposes to establish an unlicensed residential care facility in an existing structure, the Director shall first confirm that the request satisfies all of the following criteria in addition to those identified in Subdivision (d), above:
(1) The required number of parking spaces and driveway and parking lot improvements shall be provided and maintained in compliance with Chapter 83.11 (Parking and Loading Standards);
(2) The proposed facility and all existing structures are in compliance with all requirements of previously approved entitlements (e.g., Minor Use Permits, Conditional Use Permits, or Variances, etc.) including conditions of approvals.
(f) On-Site Inspection. An application for an unlicensed residential care facilities permit may require that the Director perform an on-site inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and provisions identified in this Section.
(g) Contact Person. The contact information for the owner/operator of the project will be extracted from the application of all approved permits and posted on the Land Use Services website to include the following information: name, mailing address, email address and phone number.
(h) Findings. Before granting an application for an unlicensed residential care facilities permit, the review authority shall make the following findings:
(1) The project complies with all applicable performance standards identified in this Development Code.
(2) There is supporting infrastructure, existing or available, consistent with the intensity of development, to accommodate the proposed development without significantly lowering service levels.
(3) The proposed use and manner of development are in compliance with the goals, maps, policies, and standards of the General Plan, and any applicable community plan or specific plan.
(4) The proposed unlicensed residential care facility and manner of development are exempt from the California Environmental Quality Act (CEQA).
(i) Rejection or Alternative Processing Required. If the review authority cannot make the required findings listed in Subdivision (h), above, the project will be either rejected or elevated to a minor use permit, as determined appropriate by the Director.
(j) Appeal. Appeal of an unlicensed residential care facilities permit shall be limited to the determination that the land use being requested qualifies for the unlicensed residential care facilities permit application.
(k) Revocation of Permit. If, after the approval of an unlicensed residential care facilities permit, the provisions of Chapter 84.32 are violated, the Code Enforcement Division of the Land Use Services Department will issue a notice of violation detailing the discrepancies with this Development Code. If such violations are not corrected within 30 days of the receipt of the notice of violation, the unlicensed residential care facilities permit shall be revoked using the procedures set forth in § 86.09.170.
(Ord. 4230, passed - -2014)