(a) When Required. An unlicensed residential care facilities permit shall be required to authorize:
(1) Compliance with Division 2 (Land Use Zoning District and Allowed Land Uses). The establishment of a small unlicensed residential care facility serving six or fewer persons that is allowed by a Land Use Zoning District subject to a residential care facilities permit in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses); provided, the use complies with all applicable performance standards identified in this Development Code as provided in Chapter 84.32 (Small Unlicensed Residential Care Facilities);
(2) An Existing Unlicensed Residential Care Facility Use. The operator of an existing unlicensed residential care facility that does not have a permit issued in compliance with this Chapter must seek the issuance of an unlicensed residential care facility permit to continue the use. If the facility is not a small unlicensed residential care facility but is serving seven or more persons in a RM (Multiple Residential) Land Use Zoning District, the operator must seek and obtain an approved Conditional Use Permit. The operator may also seek a reasonable accommodation for this use.
(3) Change of Operator. Any time that there is a change of operators of an existing facility a new permit must be obtained in that, contrary to other permits required by this Code, the unlicensed residential care facility permit is issued to the operator as opposed to the use to ensure any and all new operators commit to complying with the standards set forth in Chapter 84.32.
(b) Exempt from CEQA. An unlicensed residential care facilities permit application shall be determined exempt from the California Environmental Quality Act (CEQA) in compliance with state law and the County’s Environmental Review Guidelines or it shall be processed as a Conditional Use Permit or Minor Use Permit.
(Ord. 4230, passed - -2014)