16.333 rESIDENTIAL CArE, GENErAL

D. Relief from Performance Standards. Any person who owns or operates, or who has applied to construct, expand, modify or establish an activity or facility that involves a Large Recycling Collection Center, which would be affected by the performance standards required, and who contends that the performance standards as applied to him or her would be unlawful under Federal, State, or local law or regulation, may submit a written application to the Director requesting relief from the performance standards within ten (10) days of being initially notified of the performance standards. For purposes of this Chapter, notice to a predecessor in interest shall constitute such initial notice to subsequent owners/operators. The written request for relief from these performance standards shall:

1. Identify the name and address of the applicant and business; 2. Identify the affected application number; 3. Specifically state how the performance standards as applied to him or her would be unlawful under

Federal, State, or local law or regulation; and 4. Include all appropriate legal and factual support for the request for relief. Within 30 days of receipt of the completed request for relief, the Director shall mail to the applicant a written determination. 5. The applicant may appeal such determination pursuant to Chapter 16.602, Common

Procedures, Section 16.602.14, Appeals.

E. Recycling Processing Facilities.

1. Location. Facilities shall not be adjacent to a residential zoning district. 2. Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure. 3. Outdoor Storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition.

Storage shall not be visible above the height of the required solid masonry walls. 4. Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation.

16.333.01 PURPOSE AND APPLICABILITY

These provisions ensure that residential care facilities are established and operated in compliance with applicable federal and State law and regulations, for the benefit of their residents and protecting surrounding uses from potential adverse effects. More specifically, for the establishment and operation of facilities offering living accommodations, and 24-hour primarily non-medical care and supervision, for persons in need of such services. These provisions apply to Residential Care Facilities serving 7 or more persons in any district where they are allowed; including the following facilities, as defined in the California Health and Safety Code, and in this Code:

A. A residential care facility, as defined by Health and Safety Code Section 1568.01, as a facility for persons with chronic, life-threatening illnesses who are eighteen (18) years of age or older, or are emancipated minors, and for family units. B. A residential care facility for the elderly, as defined at

Health and Safety Code Section 1569.2, as a housing arrangement chosen voluntarily by persons (60 years of age or over (or their authorized representative) where varying levels and intensities of care and supervision, protective supervision, or personal care are provided based on their varying needs. C. An alcoholism or drug abuse recovery or treatment facility, as defined at Health and Safety Code Section 11834.02, to provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. D. A hospice facility as defined at Health and Safety Code

Section 1339.40, to provide care for persons experience the last phases of life due to a terminal disease.

Residential Facilities for 6 or fewer residents shall be treated as a residential use and subject only to the same requirements as any permitted residential use of the same housing type in the district in which they are located.