§ 18.60.080 — Assisted Living Facilities / Congregate Care

A. Purpose and Intent. The purpose of this Section is to provide criteria that distinguish a use an assisted living facility from an independent living arrangement, or from a dependent care facility such as a nursing home. Whether a use qualifies as an assisted living facility will affect the zones where the use is permitted, and how the City’s Parkland Dedication Ordinance and Affordable Ordinance apply to the use. B. Distinguishing Characteristics. The Director will determine whether a proposed use qualifies as assisted living considering the following factors: a. Level of care. On a spectrum of care, an assisted living facility falls between fully independent living situations and fully dependent care. Residents of an assisted living facility need help with activities of daily living. Residents of a nursing home, by contrast, require frequent or perpetual care. b. Medical conditions. Residents of independent living will have either minor medical conditions or are completely health. Residents of a nursing home have life threatening conditions. Residents of assisted living have minor to major medical conditions, although some residents may not have any health concerns. c. Kitchens. While independent living will typically provide full kitchens, and nursing homes will provide no kitchens, assisted living will usually include a “mini” kitchen containing a microwave and sink. Assisted living facilities will frequently also have a communal dining area in the building. d. Layout. Assisted Living facilities have private living areas typically ranging from studios to 2-bedrooms, in a layout similar to a hotel. Nursing homes have either private or shared rooms in a layout similar to a hospital. e. Personnel On-site. Independent living facilities will typically have an attendant available, but not necessarily on site. Assisted living facilities will typically have an attendant on 24-hour staff. Nursing homes will have nurses on 24-hour duty. C. Categorization of use. The application of the City’s Parkland Dedication Ordinance and Affordable Housing Ordinance depend upon whether a use is categorized as “residential” or “commercial.” Since assisted living facilities have characteristics of both, the following standards shall apply, consistent with prior City practice: a. Affordable Housing Ordinance. The square footage of assisted living units attributable to bedrooms will be treated as residential space, and all square footage will be treated as commercial space. b. Parkland Dedication Ordinance. The Parkland Dedication Ordinance will apply to the residential units, irrespective of the presence of any service or commercial component to the building, in the same way that the residential units in a mixed-use building would be subject to the Ordinance. D. Memory Care Excluded. Memory Care units are not considered assisted living, and are treated as a commercial use for the Affordable Housing Ordinance and Parkland Dedication Ordinance.