i. Purpose. The purpose of the Group Living Operating License is as follows:
(a) To protect residents from persons who may take advantage of them;
(b) To maintain adequate health & safety standards for protection of the residents;
(c) To ensure that adequate fire, police and emergency response vehicles or patrols are available; and
(d) To identify and facilitate appropriate responses for residents who may require special assistance during an emergency.
ii. Applicability. It is unlawful for any person to construct, maintain or operate within the city, any group or community home, halfway house, or other group living facility unless such person first obtains a license. An application for an annual license to operate a group or community home, halfway house or other group living facility is required within the City limits, or for property located in the City’s extraterritorial jurisdiction that is part of a development agreement. Approval of a Group Living Operating License authorizes the use of the property in accordance with the terms of the license and other applicable requirements of the Unified Development Code for one year, after which the Group Living Operating License must be renewed annually.
iii. Review Process and Application. An application for a Group Living Operating License shall be prepared in accordance with the requirements established by the City Manager or his/her designee. Applications must include all materials determined necessary by the City Manager. Information regarding the format requirements and materials required for the application will be made available by the City. The City shall investigate the application, and inspect the proposed plans and specifications. For a new group or community home, halfway house or other group living facility, the Group Living Operating License shall not be issued until a Certificate of Occupancy has been approved. For a renewal of a Group Living Operating License, an inspection of the property shall be conducted to verify compliance with all applicable requirements of the Unified Development Code.
iv. Criteria for Approval. The City Manager shall apply the following criteria in deciding the application for a Group Living Operating License:
(a) That the improvements on the property are in accordance with the requirements of the Unified Development Code;
(b) That the operations of the property comply with the requirements of the Unified Development Code;
(c) That the structures and site comply with the Building Code, Fire Code, Property Maintenance Code and other applicable regulations (including the Americans with Disabilities Act).
(d) That there are no outstanding permit requirements.
v. Revocation of Certificate. The City Manager may institute proceedings to revoke a Group Living Operating License whenever the official determines that the license has been issued in error; or on the basis of incorrect information supplied; or that the use, dimensions, or other features of the structure or property authorized for occupancy, or any portion thereof, is in violation of any provision of this Code, of the Building Code or other construction codes; or that the property is in violation of the requirements of the Unified Development Code applicable to group or community homes, halfway houses or other group living facility. Before any such license is revoked, the City must give 10 days notice to the holder of such license to correct violations. If the license is revoked, the license may be reissued to the licensee if the reasons for such revocation have been duly corrected, or a license may be issued to another qualified applicant.
vi. Responsibility for Final Action. The City Manager or his/her designee is responsible for final action on Group Living Operating Licenses as required by this code.
See
Building Permits and Fees for more information.