NS-3084 - Group Homes and Land Use Definitions

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review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. The Project is also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility the ordinance will have a significant effect on the environment. The amendments provide definitions and standards to regulate the location, operation, and licensing of group homes and do not authorize new development or changes in density or intensity of land use. Moreover, the Project is categorically exempt from further review per Section 15301 (Class 1 -- Existing Facilities) of the CEQA Guidelines. This exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The Project merely establishes administrative and land use oversight procedures for group homes already operating or proposed within existing residential structures, and will not expand the existing use. None of the exceptions to the use of categorical exemptions identified in CEQA Guidelines Section 15300.2 apply to the Class 1 exemptions or this ordinance. Specifically, the Project will not result in cumulative impacts, will not affect any scenic or historic resources, and will not involve unusual circumstances leading to a significant impact. Section 3. Section 41-27.3 (Boarding House) of Chapter 41 of the SAMC is hereby added to read as follow: Sec. 41-27.3. — Boarding house. Boarding house means a residence or dwelling, other than a hotel or motel, wherein rooms are rented under multiple separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. Boarding houses do not include: (1) group homes; (2) residential care facilities; (3) sober-living homes; (4) transitional or supportive housing; or (5) single housekeeping units. Section 4. Section 41-41.5 (Care Home) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-41.5. — Reserved. Section 5. Section 41-49 (Disabled) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-49. — Disabled. Disabled means, as is more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. For the purposes of this Chapter, handicapped shall mean the same as disabled. Ordinance No. NS-3084 Page 6 of 27