§ 17.7.506. Senior housing development projects (SHD).

A.

Intent. The intent of the senior housing development project (SHD) provisions of this code is:

1.

To provide an alternative form of development for residential housing, designed and constructed specifically to accommodate the diverse lifestyle and health care needs of elderly persons in a manner which permits increased flexibility and encourages ingenuity in the design of structures and establishes a community environment targeted to meeting the needs of elderly persons.

2.

To establish criteria and standards for the design of such projects by developers and guidelines for their evaluation by the city.

3.

To set forth the duties and responsibilities of developers and residents with respect to the approval, construction, and maintenance of such projects.

4.

To clearly establish the relationship of the city and the developer with respect to the review and approval of such projects.

B.

Permitted uses. The following buildings, structures and uses of land may be permitted within a SHD.

1.

Senior housing development projects containing one or a combination of the following:

a.

Independent living units/active senior housing projects.

b.

Congregate living units.

c.

Assisted living facilities.

d.

Residential facility for elderly persons.

e.

Public agency senior housing projects, restricted to placement in the R-2-7500, R-3-7500, R-4-7500 residential and CC-1 central commercial zones.

2.

Common areas and recreational facilities appurtenant to and developed as an integral part of a SHD. Such facilities may include, but are not limited to, golf courses, swimming pools, community activities buildings, landscape parks and similar recreational facilities for the use and enjoyment of the residents.

3.

Driveways, streets, fences, walls, utility systems and facilities, common storage areas, ponds, landscape features and similar uses and structures incidental to the main use.

C.

Approval procedure.

1.

Anyone desiring to obtain approval to construct a SHD shall follow the procedure in Section 17.7.200 of this code. All applications for approval shall be accompanied by the materials required under Section 17.7.506.

2.

Anyone not wishing to comply with the provisions of this section or any conditions which may be attached by the city, as authorized herein, may proceed to develop under the requirements for conventional subdivisions as provided elsewhere in this code.

D.

Project evaluation requirements—City may require changes.

1.

The planning commission shall review the proposal and may recommend approval upon finding that:

a.

All plans, documents, and other materials required for consideration have been submitted in a form suitable for evaluation.

b.

The plan conforms with all respects to the design standards and criteria for the type(s) of SHD project.

c.

The site is suitable for development as a SHD and construction of the proposed SHD will be consistent with existing development in the vicinity and compatible with the general plan for the area.

d.

The arrangement of the buildings, roadways, open space and other project elements will result in a safe and attractive living environment for elderly persons equal or superior to that which would be provided under lot by lot development.

e.

The project and structures in the project are specifically designed to accommodate the needs of elderly persons.

f.

The documentation for the project and the management plan for operation provide adequate assurance that the project will not be converted for use other than elderly housing.

g.

The project, if developed, will accomplish the intent for SHDs as hereinabove stated (See paragraph A., intent).

h.

In the opinion of the planning commission, the proposed project will: (1) adequately recognize and incorporate natural conditions present on the site; (2) efficiently utilize the land resources and provide increased economy to the public in the delivery of municipal services and utilities; (3) provide increased variety in the style and quality of residential dwellings for elderly persons available within the city; (4) preserve open space to meet the recreational, scenic, and public service needs; and (5) do all of the above in a manner which is consistent with the objectives of the underlying zone and under conditions which will result in the creation of residential environments of sustained desirability.

2.

The planning commission may require changes in the plan in order to more fully accomplish the intent of the SHD provisions. Such changes may include, but are not limited to, adjustments in the density or the number of structures, relocation of project elements, redesign of the road system, changes in the amount and location of open space and provisions for the disposal of surface water drainage, and amendments to the documentation.

E.

Minimum project area.

1.

Conventional senior housing developments. The minimum contiguous area required for development of a SHD ("minimum project area") will be the same as required for a planned unit development, as set forth under Section 17.7.501, paragraph E. or F., as applicable. Where the project area is large enough to be phased, the initial phase of any SHD will contain an area not less than the minimum project area. Subsequent additions to a project may contain less than the minimum project area, provided that the addition represents a logical extension of the project and all other requirements are met.

2.

Public agency senior housing projects. The area proposed to be included has sufficient land area to constitute a logical design unit in conformance with the design standards and criteria for such projects and will not have the effect of reducing the width, area, setback or other requirement of any adjacent lot or parcel to a level not conforming with the requirements of the underlying zone.

F.

Project density.

1.

Maximum allowed density. The total number of dwelling units permitted in a SHD (Maximum Allowed Density) will be as follows:

a.

When proposed to be located in residential zones.

Zones	Max. Density (DU/AC of Gross Project Area)
R-1-20,000	2.0
R-1-15,000	2.3
R-1-12,000	3.0
R-1-9000	3.6
R-1-7500	4.3
R-2-7500	6.5
R-3-7500	8.5
R-4-7500	12.0

 

"Gross project area" shall mean the total area within the project boundary, less that portion of the project area devoted to existing streets.

b.

When proposed to be located in planned residential zones (PR-2, 2.3 or 3.0). The maximum number of dwelling units permitted within a project (maximum allowable density) when located within a planned residential zone (PR-2, PR-2.3, or PR-3) shall be the sum of the following:

1.	Portion of Gross Project Area without limitations (from Natural Conditions Analysis)	×	Density Factor for zone district (2.0, 2.3, 3.0 as applicable)
		PLUS
2.	Portion of Gross Project Area with limitations (from Natural Conditions Analysis)	×	One-half Density Factor for zone district (2.0, 2.3, 3.0 as applicable)
		PLUS
3.	Transfer of Development Rights in accordance with the provisions of Section 17.4.605 (where authorized)

 

c.

When proposed to be located in a public agency senior housing project, the maximum number of dwelling units permitted within a project (maximum allowable density) may be increased to a density of not greater than sixteen units per acre in the R-4-7500 residential and CC-1 commercial zones, eleven dwelling units per acre in the R-3-7500 residential zone and eight and one-half units per acre in the R-2-7500 zone.

G.

Dwelling units per structure.

1.

Structures to conform with terms of underlying zone. The maximum number of dwelling units within a structure located within a senior housing project shall be the same as specified for the underlying zone or Section 17.7.502, (when located within a PR zone), as applicable. For public agency senior housing projects, the maximum number of dwelling units per structure shall be four, and each unit shall be located at ground level.

2.

Group housing structures in R-3-7500 and R-4-7500 zones. Exceptions Notwithstanding the provisions of paragraph 1. above, and the separation requirement for similar group housing uses (Sections 17.6.107, 17.6.108 and 17.6.109), a SHD project located in the R-3-7500 or R-4-7500 zone district may, with the prior consent of the city, include one or more group housing structures which exceed the number of units allowed pursuant to the terms of the underlying zone. Where a project or portion thereof proposes the construction of one or more group housing structures having a number of units greater than permitted under the underlying zone, said structures shall conform to the following:

a.

Any senior housing project proposing to include group housing structures shall contain not less than twenty acres and include not less than sixty dwelling units.

b.

Not more than sixty-seven percent of the dwelling units within the project shall be contained in group housing structures. The dwelling units may be located within a single structure or a cluster of structures.

c.

Where the project contains more than one group housing structure, the structures shall be clustered in close proximity with each other and with the common building.

d.

The architectural design and exterior of each building shall be compatible in color, style texture and materials with dwellings located within the existing area. To reduce the apparent bulk of the structure, the city may require the facade of the structure and roof line be divided into smaller segments.

e.

Where a group structure is to be occupied solely as an assisted living facility, off-street parking shall be provided at the rate of one parking space for each three units. If the structure is proposed to contain or include independent living units, congregate care units, or elderly housing facility, off-street parking shall be provided at the rate of one and one-half off-street spaces for each such unit.

f.

If the senior housing development project is proposed to be developed in phases, a phasing scheme showing the boundaries of each phase shall be provided. The portion of the overall project included in the initial phase shall conform to the base size requirements for such projects and contain a sufficient portion of the total project area to be able to function as an independent project without the additional phases, including provisions for access, common amenities and open space areas. Each phase shall also provide a mix of unit types proposed for the project.

g.

Upon receipt of final approval by the city, occupancy shall be limited to specific type of use approved (assisted living, independent living, congregate care, etc.) and may not be converted or changed to a different type of occupancy or use without the prior approval by the city.

H.

Design standards and criteria. The layout and design of the project shall conform to the following:

1.

Plans to be consistent with general plan—Stub streets authorized.

a.

All plans for a SHD project shall be consistent with the terms of the major street plan, trails plan and other elements of the general plan. Where the area of a proposed Project includes any collector or arterial class street or significant minor street, as shown on the major street plan, and any designated trail, as shown on the trails element, the design of the project shall incorporate such street and trail in the location shown on the general plan and final approval of any such project shall include the dedication of the right-of-way to the city and its improvement in accordance with the applicable city standard.

The proposed street system shall properly align and be compatible with adjacent streets.

b.

In order to facilitate development of an adequate and convenient circulation system within the city and to provide access for the logical development of adjacent properties, the city may, as a condition of approval, require the plan to include one or more stub streets which extend to the boundary of the project. All such stub streets shall be fully developed to the boundary of the project. Any plan for the development of the adjacent property shall provide for the continuation of the stub street.

2.

Plan to identify and accommodate natural constraints to development.

a.

All plans for the development of a project shall identify and accommodate any natural constraints to development. In order to adequately identify constraints to development, the city may require the preparation of a natural and physical conditions analysis map showing the location and extent of any natural or man-made condition or legal encumbrance upon the property affecting the usability of the property, including, but not limited to, the location and extent of historic drainage channels (sloughs), flood ways, water courses and canals, areas subject to flooding (one-hundred-year frequency), wetland areas (including those under jurisdiction of the U.S. Corps of Engineers), areas of unsuitable soils for placement of foundations (i.e., peat soil areas), areas subject to liquefaction hazard, depth to ground water table, major pipeline and electric transmission line easements, or similar condition.

b.

Preparation of any required maps or studies shall be conducted by or under the direction of the city and shall be at the expense of the applicant.

c.

Any portion of the project area determined by the city to be unsuited for development shall be included in the open space portion of the project.

3.

Streets, travelways and pedestrian walkways.

a.

The project shall be served by an internal travelway system which provides safe and convenient access to each dwelling unit and adequate circulation within the project.

b.

The city may accept dedication of any major access roads within the project. Any roads proposed for dedication to the city shall: (1) contain a minimum vehicle travel right-of-way of not less than forty-two feet in width and be improved in accordance with city standards; (2) be designed to provide continuous forward motion through the project, except for approved cul-de-sacs; and (3) not provide direct access to any individual off-street parking spaces.

c.

Pedestrian walkways (sidewalks) shall be provided adjacent to any public street in locations approved by the city. The corridor containing the pedestrian walkway shall be not less than five feet in width when located apart from the public street or four feet when located contiguous thereto. Access to and use of the walkway by the public shall be secured through the attachment of a travel and public utility easement or by dedication to the city as part of the dedication for the adjacent street. All walkways shall be improved in accordance with city standards.

d.

Private travelways shall provide safe and convenient vehicular movement to and from all off-street parking spaces. Private travelways shall have a minimum travel surface of not less than twenty-four feet and be bordered by a cement curb. No on-street parking shall be permitted on travelways not conforming to city standards for public streets. Unless otherwise provided for in the design, sidewalks shall be provided along at least one side of the travelway.

4.

Off-street parking.

a.

All parking spaces and areas shall be designated and constructed in accordance with city standards.

b.

Each resident space shall be covered and designated for the exclusive use of a specific unit. Where a covered parking space is enclosed in an attached garage, such space shall be set back not less than fifteen feet from any adjacent travelway providing vehicular circulation within the project.

5.

Building location.

a.

Buildings shall be separated from one another a distance of not less than twenty feet where adjacent structures are one-story in height or thirty feet where one or both adjacent structures contain more than one story above ground.

b.

Buildings located adjacent to public streets shall be set back a minimum of 30 feet as measured from the right-of-way or pedestrian way line, as applicable.

c.

Single story dwellings having a height of twelve feet or less, as measured at the eave line, including any and all appurtenances, attachments, and any other spaces defined on the plat as "private" or "limited common area," shall be set back from any adjacent property line a distance of not less than ten feet. Multistory dwellings or any dwelling having a height of more than twelve feet, as measured at the eave line, including any and all appurtenances, attachments, and any other spaces defined on the plat as "private" or "limited common area," shall be set back not less than twenty feet from any adjacent property line.

6.

Common open space. Not less than twenty-five percent of the net project area of the development shall be retained as common open space, parks, playgrounds, and recreational facilities for the use and benefit of the residents. However, where the project consists entirely of one story structures, the amount of required open space may be reduced to fifteen percent. Land proposed to be used for parking, pedestrian walkway area, driveways, private open space or land surrounding structures required to conform with building location or setback requirements and isolated small parcels, not practically useful or accessible to the residents, shall not be included in meeting this open space requirement.

7.

Private open space. Each unit shall have a private outdoor living area, as follows:

a.

Ground floor dwellings. Each dwelling shall have an appurtenant private patio, atrium or similar open space having a minimum area of one hundred fifty square feet and a minimum dimension of ten lineal feet. Such space shall be designed for the sole enjoyment of the dwelling occupants and shall be directly accessible from a room within the dwelling. The city may require that said area be enclosed with a fence, wall, or similar enclosure to provide privacy.

b.

Above ground floor dwellings. Each dwelling shall have an appurtenant private balcony having a minimum area of one hundred fifty square feet and a minimum dimension of eight lineal feet.

8.

Private storage space. Each dwelling shall have not less than two hundred twenty-five cubic feet of enclosed, waterproof and lockable private storage space adjacent to or within the immediate vicinity of the unit.

9.

Landscaping. All area not otherwise occupied by buildings, parking, roadways, etc., shall be landscaped.

10.

Sealed surface. Notwithstanding any of the above, not more than fifty percent of the gross area of any development shall be covered by buildings, paving or other surface which would prohibit the downward percolation of surface water ("sealed surface area"). However, where the project consists entirely of one-story units, the amount of sealed surface area may be increased to not more than sixty percent of the gross project area.

11.

Solid waste disposal. The development shall provide solid waste disposal facilities as follows:

a.

Common disposal facilities. Where common disposal facilities are to be used, they shall be conveniently available to all dwelling units and readily and safely accessible to maintenance equipment and shall be enclosed with a solid fence or wall not less than six feet in height.

b.

Individual disposal facilities. Where the project design permits, individual waste disposal methods may be used.

12.

Perimeter fencing. The outer perimeter of the project shall be enclosed in a continuous fence or wall of approximately six feet in height; provided, that this provision may be waived along boundaries which are adjacent to or abutting upon a street or travelway.

13.

Utilities.

a.

Culinary water. Each dwelling unit shall be serviced by the city's water system. The city may require individual water connections and meters for each unit or, at its discretion, authorize the use of oversize connections and a master meter for the project. Each unit shall be equipped with an easy accessible shutoff valve.

b.

Sewer. Each unit shall be connected to the city's sewer system either by an individual or common lateral, whichever is determined applicable by the city.

c.

Utilities to be underground. All utility systems shall be placed underground.

14.

Disposal of surface water. All surface water generated as a result of development of the project shall be disposed of within the site. The plan shall provide a statement, including calculations, showing the amount of water to be accommodated and the drainage patterns and methods of disposal. All such facilities shall be consistent with the storm water element of the general plan and in accordance with city standards as directed by the city engineer.

15.

On-site management office and meeting room required. The project shall include on-site management services and will maintain an on-site management office and also a community activities building. The project may include area and facilities providing on-site personal services and commodities for the benefit of intended residents, (e.g., medical offices, therapy, groceries, hair care services).

16.

Project documentation. As part of the submittal materials, the applicant shall submit a management plan for the operation of the project, which plan shall include provisions to limit occupancy to elderly persons.

I.

Improvement requirements. Construction of all public and common improvements shall be the responsibility of the project developer and shall be constructed in accordance with city standards or as specified on the approved plans. All common improvements shall be installed/constructed prior to, or at forty percent build-out of the project. Building permits for the construction of dwelling units beyond forty percent build-out shall not be granted until all common improvements are constructed. Performance guarantees to ensure the construction of all such improvements shall be provided in accordance with city requirements.

(Ord. No. 2003-01-02, 1-14-2003; Ord. No. 2005-06-25, 6-14-2005; Ord. No. 2013-05-18, § 4, 5-14-2013; Ord. No. 2013-05-19, § 1, 5-14-2013)