2013 2:00:00 PM

Monday, April 22, 2013 2:00 PM
City Council Chambers, Legislative Building, 745 Fourth St, Sparks, NV

Planning and Zoning Public Hearings and Action Items: 8.1

Title: Public Hearing, 2nd Reading, discussion and possible action of CA-5-12 Bill No. 2656 an ordinance by the City of Sparks amending Title 20 of the Sparks Municipal Code to permit more than five residents receiving adult care in a residential district when permitted by building and fire codes and other matters properly related thereto.

Petitioner/Presenter: City of Sparks/Jim Rundle, Senior Planner

Recommendation: The Planning Commission and the Community Services Department recommend approval of CA-5-12.

Financial Impact: none

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: In late 2012 the City Council directed staff to work on a code amendment to allow for adult care facilities over 5 residents in single family residential zoning districts. Staff has coordinated this effort with the Building Division, Fire Prevention, and City Attorney’s office and is proposing to allow adult care for over 5 residents when permitted by building and fire codes including but not limited to applicable residential fire sprinkler requirements. At the March Planning Commission meeting, staff recommended approval to the Sparks Planning Commission which has unanimously forwarded a recommendation of approval to the City Council.

Background: In late 2012 Councilman Ron Smith sponsored a code amendment to consider removing a limit on the number of residents allowed at an adult care facility. The City Council approved the sponsorship to permit staff to work on this possible code amendment. Adult care facilities are permitted by right in numerous districts of the City including: A5, A40, R1-6, R1-7, R1-9, R1-12, R1-15, R1-20, R1-40, and R2. “Adult care facilities for not more than five residents and not to exceed two persons per bedroom” was added to the municipal code in 1990. The State of Nevada defines the use in NRS 449.017 as an establishment that furnishes food, shelter, assistance and limited supervision to a person with mental retardation or with a disability or a person who is aged or infirm. The term includes, without limitation, an assisted living facility. The term does not include: (a) An establishment which provides care only during the day; (b) A natural person who provides care for no more than two persons in his or her own home; (c) A natural person who provides care for one or more persons related to him or her within the third degree of consanguinity or affinity; (d) A halfway house for recovering alcohol and drug abusers; or (e) A facility funded by a division or program of the Department of Health and Human Services The City has been permitting adult care facilities by right in the respective zoning districts ever since the use was added in 1990. Both the building and fire codes require residential fire sprinklers for adult care facilities with more than five residents because more than five residents triggers application of the building and fire code.

Analysis: As stated in the background section, the current standard for adult care facilities in the City of Sparks limits the care to five residents. Staff is proposing to simply remove the limitation of five residents from adult care facility. Removing this standard would permit for the care of more than five adult residents when fire sprinklers are installed. An applicant wishing to provide residential care within their home is required to obtain licensing from the State of Nevada under authority of NRS Chapter 449. The State does not limit the number of persons a home owner can provide for; instead, it provides standards based on numbers of residents. For example, the Nevada Administrative Code states, “1. In a residential facility with not more than 10 residents, a resident who, without the assistance of any other person, is physically and mentally capable of moving himself from the room in which he sleeps to outside the facility in 4 minutes or less; or 2. In a residential facility with more than 10 residents, a resident who, without the assistance of any other person, is physically and mentally capable of moving himself from the room in which he sleeps to the other side of a smoke or fire barrier or outside the facility, whichever is nearest, in 4 minutes or less.” While the law identifies 10 residents, this is not a limitation; it simply changes the standards for evacuation of the residents in the adult care facility. As this use is regulated through the state, the state fire marshal is responsible for inspections. The state fire marshal coordinates with the local fire marshal to conduct those inspections in the respective city. In the City of Sparks’ case, it is the City’s fire prevention division which conducts inspections for these uses. This is the opportunity for the City to ensure the residences are properly retrofitted for the adult care use. In the event that a facility includes more than five residents receiving care, this would include installation of residential fire sprinklers. Applicants wishing to conduct Adult Care in their residences will not only need to be licensed through the state, but will also need to obtain a City of Sparks business license for Adult Care. City staff supports amending the code to remove the limitation of a maximum of five residents receiving adult care. Analysis of the City of Reno’s code finds that Reno currently operates similarly to what is proposed in this amendment. The amendment proposals are below. Staff has struck words which are reflected by bolded line-out. Staff is proposing to amend the code as follows: Section 20.58.030(A) Uses Permitted in an A-5 Agricultural District without a special use permit are as follows: Single-Family dwellings of a permanent nature and accessory buildings and uses ancillary thereto; farms or ranches for the raising or growing, tilling, moving or extraction of soils on-site marketing on a wholesale commercial scale poultry, rabbits, livestock, tree and bush crops, vegetable gardens, nursery stock and field crops; buildings, corrals, coops, stables or structures used in conjunction with farming or ranching; renewable energy production – private; in-home child care for the number children one care giver may care for in accordance with the rules and regulations for child care facilities; adult care facilities for not more than five residents and not to exceed two persons per bedroom. Section 20.59.030(A) Uses Permitted in an A-40 Agricultural District without a special use permit are as follows: Single-family dwellings of a permanent nature an accessory buildings and uses ancillary thereto; farms or ranches for the raising or growing, tilling, moving or extraction of soils on-site and marketing on a wholesale commercial scale poultry, rabbits, livestock, tree, and bush crops, vegetable gardens, nursery stock and field crops, buildings, corrals, coops, stables or structures used in conjunction with farming or ranching; renewable energy production – private; in-home child care for the number of children one care giver may care for in accordance with the rules and regulations for child care facilities; adult care facilities for not more than five residents and not to exceed two persons per bedroom. Section 20.60.020 (A) R1-6 Uses permitted without a special use permit are as follows: Single-family dwellings of a permanent nature; accessory buildings; renewable energy production – private; in-home child care for the number of children one care giver may care for in accordance with the rules and regulations for child care facilities; adult care facilities for not more than five residents and not to exceed two person per bedroom. Section 20.61.020 (A) R1-7 Uses permitted without a special use permit are as follows: Single-family dwellings of permanent nature; accessory buildings; renewable energy production – private; in –home child care for the number of children one care giver may care for in accordance with the rules and regulations for child care facilities: adult care facilities for not more than five residents and not to exceed two persons per bedroom. Section 20.64.020 (A) R1-9 Uses permitted without a special use permit are as follows: Single family dwellings of a permanent nature; accessory buildings, renewable energy production – private, in home child care for the number of children one care giver may care for in accordance with the rules and regulations for child care facilities, adult care facilities for not more than five residents and not to exceed two persons per bedroom. Section 20.67.020(A) R1-12 Uses permitted without a special use permit are as follows: Single family dwellings of a permanent nature; accessory buildings, renewable energy production – private, in home child care for the number of children one care giver may care for in accordance with the rules and regulations for child care facilities, adult care facilities for not more than five residents and not to exceed two persons per bedroom. Section 20.70.020(A) R1-15 Uses permitted without a special use permit are as follows: Single family dwellings of a permanent nature; accessory buildings, renewable energy production – private, in home child care for the number of children one care giver may care for in accordance with the rules and regulations for child care facilities, adult care facilities for not more than five residents and not to exceed two persons per bedroom. Section 20.71.020(A) R1-20 Uses permitted without a special use permit are as follows: Single family dwellings of a permanent nature; accessory buildings, renewable energy production – private, in home child care for the number of children one care giver may care for in accordance with the rules and regulations for child care facilities, adult care facilities for not more than five residents and not to exceed two persons per bedroom. Section 20.73.020(A) R1-40 Uses permitted without a special use permit are as follows: Single family dwellings of a permanent nature; accessory buildings, renewable energy production – private, in home child care for the number of children one care giver may care for in accordance with the rules and regulations for child care facilities, adult care facilities for not more than five residents and not to exceed two persons per bedroom. Section 20.74.020(A) R2 Uses permitted without a special use permit are as follows: Single family dwellings of a permanent nature; two family dwellings; accessory buildings, renewable energy production – private, in home child care for the number of children one care giver may care for in accordance with the rules and regulations for child care facilities, adult care facilities for not more than five residents and not to exceed two persons per bedroom. Section 20.76.020(A) R3 Uses permitted without a special use permit are as follows: Single family dwellings of a permanent nature; two family dwellings, multiple-family residential developments of up to one hundred and ten dwellings units accessory buildings, renewable energy production – private, in home child care for the number of children one care giver may care for in accordance with the rules and regulations for child care facilities, adult care facilities for not more than five residents and not to exceed two persons per bedroom. Section 20.77.020(A) R4 Uses permitted without a special use permit are as follows: Two family dwellings, multiple-family residential developments of up to one hundred and ten dwellings units accessory buildings, renewable energy production – private, in home child care for the number of children one care giver may care for in accordance with the rules and regulations for child care facilities, adult care facilities for not more than five residents and not to exceed two persons per bedroom. Section 20.79.020(A) R5 Uses permitted without a special use permit are as follows: Two family dwellings, multiple-family residential developments of up to one hundred and ten dwellings units accessory buildings, renewable energy production – private, in home child care for the number of children one care giver may care for in accordance with the rules and regulations for child care facilities, adult care facilities for not more than five residents and not to exceed two persons per bedroom.

Alternatives: The Council may choose to remand the proposal back to the Planning Commission, modify the proposal or to deny the proposal.

Recommended Motion: I move to adopt Bill #2656 amending Title 20 of the Sparks Municipal Code to permit more than five residents receiving adult care in a residential district when permitted by building and fire codes and other matters properly related thereto

Attached Files:

ordinance.pdf

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