1. P&Z REPORT Zoning Code Text Amendment: Assisted Living Homes Occupancy Zoning
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STAFF REPORT TO THE PLANNING AND ZONING COMMISSION DEPARTMENT OF COMMUNITY DEVELOPMENT COMMUNITY PLANNING DIVISION CASE TYPE – TEXT AMENDMENT CASE PLANNER: GUILLERMO MORENO-NUNEZ Hearing Date July 27, 2026 Case Number: ZONE-45326-2026 Project Description: This is a request by the City of Yuma for a Zoning Code Text Amendment to amend Title 15, Chapter 154, Article 01, Section 07, Definitions, Nursing and Personal Care Facility, and Residential Care Home, to update the maximum allowed number of residents. Staff recommendation: Staff recommends APPROVAL of the text amendment to amend Title 15, Chapter 154, Article 01, Section 07, Definitions, Nursing and Personal Care Facility, Residential Care Home, to update the maximum allowed number of residents. Suggested Motion: Move to APPROVE the text amendment ZONE-45326-2026 as presented in the staff report. Effect of the Approval: By approving the text amendment, the Planning and Zoning Commission is recommending approval to City Council for the request to amend Title 15, Chapter 154, Article 01, Section 07, Definitions, Nursing and Personal Care Facility, Residential Care Home, to update the maximum allowed number of residents. Staff Analysis: The purpose of this text amendment is to align the City of Yuma zoning code with State of Arizona statute for residential care facilities. Recent changes in statute with regard to the number of residents who may reside at an assisted living home have prompted staff to review the City code and proposed the attached text amendment. Senate Bill 1473, approved by the legislature and signed by the Governor on April 7, 2026, requires by ordinance that municipalities may not impose a cap of less than ten residents within a residential care facility. The City of Yuma zoning code identifies two different categories of residential care homes, Residential Care Home, and Nursing and Personal Care Facility, which are categorized by the type of medical care and the number of residents. Currently, the zoning code sets a cap of six residents in a Residential Care Home. The Residential Care Home is intended to provide a family type environment in a residential setting. The zoning code allows Residential Care Homes in the residential and commercial zoning districts as a permitted use and as a conditional use in some industrial districts. With this amendment, the maximum number of residents allowed will increase from six to ten. A Nursing and Personal Care Facility is a facility primarily engaged in providing inpatient nursing and health related personal care, such as convalescent homes, and would typically have 7 or more residents The zoning code currently allows ZONE-45326-2026 July 27, 2026 Page 1 of 6 Nursing and Personal Care facilities in commercial zoning districts as a permitted use and as a conditional use in some industrial districts. With this amendment, the minimum number of residents allowed will increase from seven to eleven. 1. Does the proposed amendment implement the goals, objectives and policies of the General Plan? Yes The City of Yuma General Plan Housing chapter Goal 1.0 specifically addresses the need to provide safe and affordable housing with a targeted objective and policy to encourage a variety of housing types and support of State and Federal fair housing laws. 2. Does the proposed amendment fit the overall purpose and intent of the zoning ordinance? Yes This amendment supports the Zoning ordinance and brings the text into alignment with State statute. 3. Will the proposed amendment change the range of uses identified in the zoning code? If so, how? N/A 4. Will the proposed text amendment change the development standards of the zoning or subdivision ordinances? If so, how? Yes This amendment increases the maximum allowed number of residents in a Residential Care Home. 5. What are the potential impacts of the proposed amendment? The amendment might have an impact in traffic flow within a residential setting. 6. Does the proposed amendment fit the overall purpose and intent of the subdivision ordinance? N/A 7. Does the proposed amendment conform to prior City Council actions regarding this issue? Yes This amendment supports City Council’s commitment to support State and Federal Fair Housing laws. Public Comments Received: None Received External Agency Comments: See Attachment C Neighborhood Meeting No Meeting Required. Comments: Final staff report delivered to applicant on: July 2, 2026 Attachments: A B C Draft Text Agency Notification Agency Comments Prepared By: Guillermo Moreno-nunez Date: June 20, 2026 Guillermo Moreno-nunez Associate Planner Guillermo.moreno-nunez@yumaaz.gov (928) 373-5000, x3038 ZONE-45326-2026 July 27, 2026 Page 2 of 6 Reviewed By: Jennifer L. Albers Date: 6/22/26 Jennifer L. Albers Assistant Director of Planning Approved By: Alyssa Linville Date: 07/02/26 Alyssa Linville Director, Planning and Neighborhood Services ZONE-45326-2026 July 27, 2026 Page 3 of 6 ATTACHMENT A DRAFT TEXT SECTION 1: That the Yuma City Code, Title 15, Chapter 154, Article 1, Section 7 Definitions, Subsection B be amended to insert the bolded text and delete the strike through text: §154-01.07 Definitions. (B) NURSING AND PERSONAL CARE FACILITY. Establishments primarily engaged in providing inpatient nursing and health-related personal care to eleven seven or more residents, such as convalescent homes with health care and rest homes with health care. These facilities shall not include any persons whose occupancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others. This definition is inclusive of the Assisted Living Center with eleven seven or more residents and the Adult Foster Care Facility with five or more residents as defined by A.R.S. § 36-401. RESIDENTIAL CARE HOME. Establishments primarily engaged in the provision of social and personal care in a residential setting for ten six or fewer persons with limits on ability for self-care. Included are establishments providing 24-hour year-round care for children. These facilities shall not include any persons whose occupancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others. Establishments of this type located within any residential districts shall not be located within 1,200 feet of another residential care home that is also located within any residential district. This definition is inclusive of the Group Home and the Nursing-Supported Group Home with six or fewer residents as defined by A.R.S § 36-551. This definition is inclusive of the Assisted Living Home with ten six or fewer residents and the Adult Foster Care Home with four or fewer residents as defined by A.R.S. § 36-401. ZONE-45326-2026 July 27, 2026 Page 4 of 6 ATTACHMENT B AGENCY NOTIFICATION o Legal Ad Published: The Sun 06/19/26 o Hearing Date: 07/13/26 o 34 Commenting/Reviewing Agencies noticed: 05/28/26 o Comments due: 06/08/26 o Neighborhood Meeting: N/A External List (Comments) Response Date “No Written Comments Received Received Comment” Comments Attached Yuma County Airport Authority NR Yuma County Engineering NR Yuma County Public Works NR Yuma County Water Users’ Assoc. YES 06/01/26 X Yuma County Planning & Zoning YES 06/02/26 X Yuma County Assessor NR Arizona Public Service NR Time Warner Cable NR Southwest Gas NR Qwest Communications NR Bureau of Land Management NR YUHS District #70 NR Yuma Elem. School District #1 NR Crane School District #13 NR A.D.O.T. NR Yuma Irrigation District NR Arizona Game and Fish NR United States Postal Service NR Yuma Metropolitan Planning Org. NR El Paso Natural Gas Co. NR Western Area Power Administration NR City of Yuma Internal List Response Date “No Written Comments (Conditions) Received Received Conditions” Conditions Attached Police NR Parks & Recreation NR Development Engineering NR Fire NR Building Safety NR City Engineer NR Traffic Engineer NR MCAS / C P & L Office YES 06/02/26 X Utilities NR Public Works NR Streets NR Neighborhood Meeting Comments Available None Required N/A PUBLIC COMMENTS RECEIVED: NONE ZONE-45326-2026 July 27, 2026 Page 5 of 6 ATTACHMENT C AGENCY COMMENTS ZONE-45326-2026 July 27, 2026 Page 6 of 6