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Staff Report GROUP CARE FACILITIES Zoning Ordinance Amendments Workshop Background October 20, 2011 Group care facilities (aka group homes, community homes, residential personal care homes, living centers and assisted living centers) are becoming a vital part of today's society and the industry is growing rapidly. The Police Department recently received a complaint alleging "improper care of a family member" at a local home care facility. To determine the City's area of authority, the Police Department, Fire Marshal's Office and the Planning Department met to discuss the complainant's concerns and existing city regulations. The only residential home care reference is found in Zoning Chapter 106 of the City's Code of Ordinances. Table A (part of this report), Sect. 106-331 identifies group care facilities [SIC Code 48361 — Residential Care] as "conditional" in a high -density residential (R-3) zone and prohibits the facilities in both low -density (R-1) and mid -density (R-2) zones. However, this prohibition can conflict with Federal Fair Housing laws if otherwise legally permissible facilities are operated in residential areas, in many situations. In preparation for the upcoming zoning regulations review, City departments asked Council for direction on a new annual "registration" requirement. This new requirement is not intended to prohibit the use of the property as a group home. In fact, the requirement would benefit the community's public health, safety and welfare by providing city personnel right -of -entry (i.e. fire and building inspections to ensure safe habitability; police access to investigate public safety concerns) and obtaining critical facility information (i.e. maximum resident numbers, contact information, etc.). The proposed local registration idea has been discussed with the City Attorney and it should not conflict with Chapter 123, Sect. 123.003(b) of the Human Resources Code. (See Attached) At the 09/26/11 meeting, Council asked the Planning & Zoning Commission to review existing regulations and forward a recommendation that includes both an update of our zoning regulations and proposed new regulations for a local, annual registration. Existing Requirements Sect. 106-1. Definitions. Group care facilities means residential facilities designed to provide a transition from traditional treatment facilities to normal daily living for special populations such as the mentally retarded, physically handicapped, or substance users. These facilities include but are not limited to half -way houses and group homes.