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<br /> 75 <br /> <br />8. Required State Permits or Licenses. No permit issued pursuant to this section shall <br />become operative until copies of the Alameda County application/permitting form <br />and City business license have been filed with the Zoning Enforcement Official. <br /> <br />9. Nontransferable. A permit issued pursuant to this section shall be nontransferable <br />and shall not run with the land. <br /> <br />D. Notwithstanding the above, Standards C.1: Spacing and C.2: On-Street Parking will not <br />apply to a cottage food operation where the permit applicant declares on the application <br />form that the cottage food operation will not be making any customer sales directly from <br />the dwelling or property. <br /> <br />Notwithstanding the above, Standards C.1: Spacing and C.2: On-Street Parking will not <br />apply to a cottage food operation that operates in a location where there are two or <br />more on-site, off-street, dedicated parking spaces for guests. <br /> <br />E. Administrative Exception Provision. The Zoning Enforcement Official may approve an <br />Administrative Exception, per Section 2.04.400 Administrative Exceptions, if an appli- <br />cant cannot meet the provisions of Subsection C.1 through C.7. <br /> <br />F. Appeals. In accord with Chapter 5.08 Use Permits, Variances, and Parking Exceptions, <br />decisions of the Zoning Enforcement Official may be appealed to the Board of Zoning <br />Adjustments by the applicant or by any interested party. (Ord. 2013-006 § 3) <br /> <br />2.04.232 Residential Congregate Care Facilities <br /> <br />A. Purpose and Intent. The City Council finds that elderly persons, persons suffering from <br />chronic illnesses, and persons with mental or physical disabilities, including persons <br />recovering from drug and/or alcohol addiction, often benefit from living in a non-institu- <br />tional residential environment, which is frequently cost-effective and more humane and <br />therapeutic. The Council also finds that, under the federal Fair Housing Act, 42 U.S.C. <br />3601 et seq., the City has an obligation to provide reasonable accommodation for the <br />disabled, including changing, waiving, and making exceptions to zoning rules that <br />would otherwise have the effect of limiting the ability of such individuals to live in the <br />residence of their choice in the community. The Council further finds that the preserva- <br />tion and protection of the character of residential neighborhoods is in the best interest <br />of the public health, safety, and welfare, and that over-concentration of residential fa- <br />cilities for the individuals listed above can impair the character of residential neighbor- <br />hoods, thereby defeating the very reason for providing residential accommodations for <br />such individuals. Thus, the Council concludes that a set of land use laws that flexibly <br />limits the concentration of residential facilities for the individuals listed above can bal- <br />ance the City’s complementary interests in reasonably accommodating disabled indi- <br />viduals seeking a residential living environment and in preserving the character of res- <br />idential neighborhoods. The purpose of this section is to enact such a law. In enacting <br />City Council Hearing March 2, 2020 113