HomeMy WebLinkAbout55-Planning and Building
CITY OF SAN BER~RDINO - REQUEST ~R COUNCIL ACTION
From: Al Boughey, Director
Appeal of Planning Comission's
denial of Conditional Use Permit
No. 91-40
Mayor and Common Council Meeting
July 20, 1992
Subject:
Dapt: Planning & Building Services
Date: July 8, 1992
Synopsis of Previous Council action:
June 16, 1992, Planning Commission denied the project.
Recommended motion:
That the hearing be closed and the Mayor and Common Council deny
the appeal and deny Conditional Use Permit No. 91-40 based on the
Findings of Fact
ture
Al
Contact person:
Al Boughey
Phone: 384-5357
Supporting data attached: Staff Report
Ward:
1
FUNDING REQUIREMENTS:
Amount: N / A
Source: (Acct. No.l
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No. 55
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SUBJECT: Appeal of Planning Commission denial of Conditional Use
Permit No. 9l-40 to permit a community care facility to
serve as a licensed alcoholism and drug abuse recovery
facility for 40 residents in an existing mUlti-family
structure. The subject property is located at 596 West
6th street in the RM, Residential Medium, General Plan
land use designation.
Mayor and Common Council Meeting
July 20, 1992
REOUEST
The applicant is appealing the denial of Conditional Use Permit No.
91-40 by the Planning commission under authority of Development
Code Section 19.04.020, the applicant Marianne Barklage is
requesting to establish a community care facility to serve as a
licensed alcoholism and drug abuse recovery facility for 40
residents, in an existing multi-family structure.
The subject property is on the northeast corner of 6th Street and
"F" Street. The site consists of about 10,442 square feet and
includes a 7,099 square foot, two-story apartment structure. The
applicant proposes tenant improvements to the interior of the
structure to accomodate physical requirements for the community
care facility.
BACKGROUND
At the meeting of the Planning Commission on June 16, 1992, the
application was denied based on the finding that the proposal is
not consistent with the Development Code in that a proposed 40
resident community care facility is not a permitted use in the RM,
Residential Medium land use designation.
ANALYSIS
The Development Code allows community care facilities for 6 or less
persons in all residential designations consistent with state law.
Community care facilities with 7 or more persons are subject to
approval of a Conditional Use Permit and are permitted in the CO-1,
CO-2, CG-1, CG-2, CR-2, OIP and IL land use designations only.
They are not permitted in any residential designation.
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Conditional Use Permit No. 91-40
Mayor and Common Council Meeting
July 20, 1992
Page 2
(Appeal)
Development Code Chapter 19.36.050,
Commission may approve a Conditional
findings listed therein are made.
Findings states that the
Use Permit only if all the
The proposed use is not conditionally permitted within the subject
land use district since the proposed use is classified as a
community care facility for 40 adults.
RECOMMENDATION
staff recommends that the Mayor and Common Council deny the appeal
and deny Conditional Use Permit No. 91-40 based on the Findings of
Fact contained in the staff report to the Planning Commission dated
May 19, 1992.
Prepared by:
Denise S. Moonier, Assistant Planner for
Al Boughey, Director
Planning and Building Services
Exhibit 1 - Letter of Appeal
2 - Staff report to Planning Commission dated May 16, 1992
3 - Findings of Fact
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Exhibit 1
CITY OF SAN OcRNARDINO
-
O.EMORANDUM
To P.lanning Commission
Subject Conditional Use Permit No. 9l-40
From Al BOughey, Director
Planning & Building SVI
Date June 5, 1992
Approved Agenda Item No. 8
Date June 16, 1992
Owner: Marianne Barklage
596 W. 6th Street
San Bernardino, CA 92410
Applicant: Same
Conditional Use Permit No. 91-40 is scheduled to be heard at
the meeting of June 16, 1992, due to a one month continuance
from the May 19, 1992 meeting as requested by the applicant.
Attachment "A" - Planning Commission Staff Report
dated May 19, 1992
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Exhibit 2
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Attachment "A"
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
SUMMARY
AGENDA ITEM
HEARING DATE
WARD
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'/'""', rAPPLICANT: Marianne Barklage ""l
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W CONDITIONAL USE PERMIT 9l-40 596 N. 6th St.
rn San Bernardino, CA 92410
< OWNER: Same
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Applicant requests under authority of Section 19.04.020 to
I- permit a community care facility to serve as a licensed
tI) alcoholism and drug abuse recovery facility for 40 residents,
W in an existing multi-family structure.
:)
"
W Subject property is located at 596 W. 6th Street on the north
a:: east corner of 6th and "F" Streets in the RM, Residential
-
< Medium, General Plan land use designation.
W
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r EXISTING GENERAL PLAN
PROPERTY LAND USE ZONING DESIGNATION
Subject Multi-Family Units RM Residential Medium
North Single-Family Homes RM Residential Medium
East Office CR-2 Commercial Regional
West Multi-Family Units RM Residential Medium
South Public Library PF Public Facilities
"
( GEOLOGIC I SEISMIC DYES ( FLOOD HAZARD 0 YES 0 ZONE A ( SEWERS: IKIXYES )
HAZARD ZONE: K}CNO " ZONE: KKNO 0 ZONE B o NO
( HIGH FIRE DYES AIRPORT NOISE! 0 YES 1 REDEVELOPMENT XOO YES
HAZARD ZONE: ::g: NO CRASH ZONE: PROJECT AREA:
X~ NO o NO
r- '\ -
...I o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL
< APPLICABLE EFFECTS WITH 0
I- MITIGATING MEASURES j:
zrn NOE.I.R < 0 CONDITIONS
We" ~EMPT ~O
:EZ o E.I.R REQUIRED BUT NO ~ffi g: DENIAL
Z- SIGNIFICANT EFFECTS
00 WITH MITIGATING t):E
a::~ MEASURES :E o CONTINUANCE TO
-~
> o NO SIGNIFICANT o SIGNIFICANT EFFECTS 0
Z 0
W EFFECTS SEE ATTACHED E,RC, W
~ MINUTES a::~
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PLAN-i.02 PAGE 1 OF 1 (4-SlO)
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP 9l-40
6
5-19-92
2
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
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REOUEST
The applicant requests under authority of Section 19.04.020 to
permit a community care facility to serve as a licensed
alcoholism and drug abuse recovery facility for 40 residents, in
an existing mUlti-family structure. The subject property is
located at 596 West 6th street in the RM, Residential Medium,
General Plan land use designation.
PROJECT LOCATION AND SITE CHARACTERISTICS
The subject property is on the northeast corner of 6th Street and
"F" street, having a frontage of about 70 feet on the north side
of 6th Street and a frontage of about 149.2 feet on the east side
of "F" Street. The site consists of about 10,442 square feet and
includes a 7,099 square foot, two-story apartment structure. Th~
applicant proposes tenant improvements to the interior of the
structure to accomodate physical requirements for the community
care facility. There are no ancillary or accessory buildings on
the property. There are no outdoor common recreational facilities
on the site.
DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
The proposal is not consistent with the Development Code in that a
proposed 40 resident, community care facility is not a permitted
use in the RM, Residential Medium land use designation.
CEOA
The project is categorically exempt (Class 1) from the California
Environmental Quality Act.
BACKGROUND
The application for a Conditional Use Permit was filed August 30,
1991. The application was submitted for a group home; and later
revised to an alcoholism and drug abuse recovery facility for 40
residents. The application was heard by the Development Review
Committee at their meetings of October 3, 1991 and November 21,
1991.
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PlAN-8.oe PAGE I OF , (.441)
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP 91-40
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OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
I;
5-l9-92
3
r-
At their meeting of November 21, 1991, the DRC recommended
conditional clearance of site plan, floorplan and elevations onto
the Planning Commission subject to conditions that l)the
applicant would work with the Police Department to incorporate
mitigation of potential impacts to the neighborhood, 2) that
conditional clearance from DRC is subject to the filing of an
application for a General Plan Amendment for a change from the
current RM land use designation to one in which a 40 resident
community care facility is conditionally permitted, and 3) that
after six months of operation the Police would notify the city if
the facility is associated with increases in crime, loitering, and
narcotics activity and a Public hearing may scheduled at the
City's discretion, and 4) that the applicant would propose a
location for designated off-street parking, subject to the City's
review.
The applicant was in attendence at the meetings of the Development
Review Committee and was informed of the DRC's recommendation of
conditional clearance on the project.
ANALYSIS
Project Characteristics
Conditional Use Permit No. 91-40 proposes to establish a community
care facility for 40 adults. The facility would operate as a
licensed recovery program from alcoholism and drug abuse. This
specific type of community care facility is subject to the
licensing and certification as required by the State of California
- Health and Welfare Agency, Department of Drug and Alcohol
Programs.
The proposed community care facility would not include services
for de-toxification, hospitalization or long-term convalescent
care of residents. According to state guidelines, permitted
services may include regulated activities such as education,
counseling sessions, recreation and AA meetings and other
non-medical services to residents in contrast with convalescent
care facilities (skilled nursing facilities for residents which
require medical care). Development Code Section 19.02.050 defines
a community care facility as follows:
.. Consistent with Health and Safety Code (Section 1267.8) the
intermediate care facility shall include prov~s~ons for
developmentally disabled habi1itative - nursing or congregate
living ."
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PLAN-8.D8 PAGE 1 OF 1 ("001))
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CUP 9l-40
,
CllY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
b
5-19-92
4
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Development Code Requirements
The City does not require a CUP consistent with the California
Health and Safety Code (Section 1267.8). Specifically, while the
City's Development Code allows community care facilities (6 or
less) in all residential designations as applied to other family
dwellings in the same designation, community care facilities
(7 or more) are subject to approval of a conditional use permit
and are permitted in the CO-1, CO-2, CG-1, CG-2, CR-2, OIP and
IL land use designations only. They are not permitted in any
residential land use designation.
Development Code Chapter I9.36.050, Findings, states that the
Commission may approve a Conditional Use Permit only if all of the
the findings listed therein are made.
The proposed use is not conditionally permitted within the subject
land use district since the proposed use is classified as a'
community care facility for 40 adults.
Because the project is subject to the California
Streamlining Act the City has SlX months from the date
application being deemed complete to take action on the
project. The application was deemed complete November
and the City must take action prior to May 26, 1992.
Permit
of the
proposed
26, 1991
At this point in time, an application for a General Plan Amendment
has not been filed with the City. since state law requires the
City to complete processing, the project was scheduled for hearing
before the Planning commission.
COMMENTS
Police Department
The Police Department opposed the DRC's recommendation of CUP
91-40 with respect to the potential impacts to the Police
Department services and the location having existing problems with
loitering, heavy narcotic activity and related crime in the area.
CONCLUSION
The community care
permitted use in the
designation.
facility for 40 adult residents is not a
RM, Residential Medium General Plan land use
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PlAN-8.oa PAGE 1 OF , (4-90)
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP 9l-40
..
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
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5~,q~q?
Ii
OPTIONS AVAILABLE TO THE APPLICANT
1. The applicant may apply for a General Plan map amendment
to change the designation of the subject property to a
designation that permits the requested facility.
2. The applicant may apply for a Development Code amendment to
include this type of use as a permitted (conditionally) use
within residential land use districts.
( General Plan amendments and Development Code amendments are
reviewed by the Planning Commission, with final action by the
Mayor and Common Council. The Mayor and Common Council may
approve or deny any amendment.)
RECOMMENDATION
Staff recommends that the Planning Commission deny Conditional Use
Permit No. 91-40.
itted,
Services
Attachments
A - Location Map
Q1"f'~_8!MWlIIDM)
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PL.AN.e.D8 P-'GE 1 OF 1 (4-90)
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Attachment "A"
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AGENDA ....
ITEM #
6
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP 9l-40
LOCATION
HEARING DATE 5-19-92
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PLAN-I,l' PAGE 1 OF 1 (4-00)
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COIIDI'1'ZODL USB PBRJaT NO. 91-40
FIIIDZNGS
l. The proposed use is not permitted or conditinally permitted
within the RM, Residential Medium land use zoning district.
Therefore, review for compliance with all applicable
provisions of the Development Code has not been completed.
Exhibit 3