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HomeMy WebLinkAbout39-Planning and Building ~~ ~ ,'CIT-Y OF SAN BEROARDINO - REQUEST"IIOR COUNCIL ACTION From: Al Doughey, Director Subject: Appeal of Planning Conunission' s denial of Conditional Use Permit No. 91-40 Dept: Planning & Building Services Date: August 6, 1992 Mayor and Conunon Council Meeting Auaust ]7.1997 Synopsis of Previous Council action: July 20, 1992, the Mayor and Conunon Council continued this item without discussion. June 16, 1992, the Planning Conunission denied the project. Recommended motion: That the hearing be closed and that the Mayor and Conunon Council deny the appeal and deny Conditional Use Permit No. 91-40 based on the Finding of Fact. (;!f~~ 1 a h. . "'y Signature A ~g_ ~ \ .-/ Contact person: Al Boughey Phone: 384-5357 FUNDING REQUIREMENTS: Staff Report (7-20-92) N/A Ward: 1 Supporting data attached: Amount: Source: (Acct. No,l (Acct. Descriotionl Finance: Council Notes: 75-0262 Agenda Item No. 3tJ -.. " '. o ,_e, , .....; SUBJECT: Appeal of Planning Commission denial of Conditional Use Permit No. 91-40 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-I, CO-2, CG-l, CG-2, CR-2, OIP and IL land use designations only. They are not permitted in any residential designation. , ~ o o Conditional Use Permit No. 91-40 (Appeal) Mayor and Common Council Meeting July 20, 1992 Page 2 Development Code Chapter 19.36.050, Commission may approve a Conditional 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. Findings states that the Use Permit only if all the 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 " o .:) i'ir. 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CITY OF SANC-ERNARDINO - Q.EMORANDUM To P~anning Commission Subject Conditional Use Permit No. 91-40 From Al Boughey, Director Planning & Building Sv: 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 ;~~,~ '. "l . :;li. ~.,...,,!, ...,~'?,...~v; ..A .. ..00" , . Exhibit 2 , (] Attachment "A" o " """'I CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY AGENDA ITEM HEARING DATE WARD 6 "-l~-~L 1 r~ / rAPPLICANT: Marianne Barklage ""'I IIJ CONDITIONAL USE PERMIT 91-40 596 W. 6th St. m San Bernardino, CA 92410 c( OWNER: Same " '----" \.. '\.. ~ / Applicant requests under authority of Section 19.04.020 to I- permit a community care facility to serve as a licensed fa alcoholism and drug abuse recovery facility for 40 residents, ~ in an existing multi-family structure. 0 IIJ Subject property is located at 596 W. 6th Street on the north ~ east corner of 6th and "Fu Streets in the RM, Residential - c( Medium, General Plan land use designation. IIJ ~ c( \......- " 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 I ( FLOOD HAZARD 0 YES 0 ZONE A 1( SEWERS: ~YES ) HAZARD ZONE: KJ{NO ZONE: KKNO OZONE B o NO / HIGH FIRE DYES r AIRPORT NOISE! DYES / l REDEVELOPMENT XIXI YES HAZARD ZONE: U NO CRASH ZONE: PROJECT AREA: \.. XIXI NO ./ \.. o NO ~ / ~ ...I o NOT o POTENTIAL SIGNIFICANT 0 APPROVAL ~ APPLICABLE EFFECTS WITH 0 MITIGATING MEASURES ~ zm NO HR. c( 0 CONDITIONS IIJC!' ~EMPT 11.0 :EZ o E.I.R. REQUIRED BUT NO II.Z U DENIAL Z- SIGNIFICANT EFFECTS c(1IJ 00 WITH MITIGATING 1-== ~a: MEASURES m:E o CONTINUANCE TO -II. > o NO SIGNIFICANT o SIGNIFICANT EFFECTS 0 Z " IIJ EFFECTS SEE ATTACHED E.R.C, IIJ l" \. MINUTES 0 I.. ...,j ern OF ... IEfWAIIIlNO ........-- P1.AN-8.02 PAGE 1 OF 1 (4-90) , , 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. The 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. '- ~ c;n'Y0I'_~ c.ffWfRAI..~_aMICU PLAN...Q8 PAGE 1 OF 1 14-90} " CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-40 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE f; 5-19-92 3 ~ At their meeting of November 21, 1991, the DRC recommended conditional clearance of site plan, f100rplan 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 tbe 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 habilitative - nursing or congregate living ." ClT'/'O/'lWot--.o CI""""L~~ '" ~ PLAN-8.08 PAGE I OF I :..90} 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 19.36,050, 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 Permit Streamlining Act the City has SlX months from the date of the application being deemed complete to take action on the proposed project. The application was deemed complete November 26, 1991 and the City must take action prior to May 26, 1992. 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 Cll'VOI'SM~ ClJmiIAl~afMCU It.... PlAN-8.D8 PAGE 1 OF 1 {4-901 " '. o o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-40 . ... OBSERVATIONS AGENDA ITEM HEARING DATE PAGE t:; 5-1q_q? c; 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 CIN 01' SM ---., --- pl.AN-a.08 PAGE 1 OF 1 ("-90) " '. o Attachment "A" 0 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-40 r- AGENDA ITEM # ... LOCATION 6 HEARING DATE 5-19-92 · -.''---, -1& I!i~ . ;';I_~: ~C::: J iWw 11, ~ - I, '''rnl5B] I ... ,.........., Clt.J r!~( '.e ~ i . - ~ __ , -;r ~ ~ . 'I IlIC .i 'f!,'1P Ie .....1- . IV:: , .' y;; ~" I' ~~9};;.= C !:t.. v~ I --, ~ ~~fi1 'it I ~t1 l' h ...., ~~ H r;;';' -c.C :::::I .-... ~ p~ . .~- l ~w- I: !>:~ ,~R;'f I I 0'1-. I~ I r 1~ I COURT", lli', J "-0.... I 7/ I CX>.>fT II 'T I CUTn I~ ~(vC~.\L ~ ~ J L.._ I_F\\ "" j[''':-j ] f17 ~ ~_., ~ ~~....;r~~ t>{ ~y\ t . NORTH ~~~ -IMI ~I~~ - - I~ cd I~ .~~," , ! ~ olfr? 'T ~ ' ~ . " .. ClTYOF"'~ --- PLAN-B.' 1 PAGE 1 OF 1 (4.liIO) '. r\ \wi' ,...."4, '...J COKDXTXORaL USE PERMXT NO. 91-40 I'XKDXNGS 1. 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 C.ITY OF SAN BERIClRDINO - REQUEST ~R COUNCIL ACTION /'~~: \..~: Al Boughey, Director Planning & Building Services Appeal of Planning Comission's denial of Conditional Use Permit No. 91-40 Mayor and Common Council Meeting July 20, 1992 Subjact: Date: July 8, 1992 Synopsis of Previous Council action: June 16, 1992, Planning Commission denied the project. Recommended motion: That the hearing be (",., the appeal and deny ~ Findings of Fact I..... closed and the Mayor and Common Council deny Conditional Use Permit No. 91-40 based on the ture Al Contact person: Al Boughey Staff Report Phone: 384-5357 Supporting data attached: Ward: 1 FUNDING REQUIREMENTS: Amount: N / A Source: IAcct, No.1 (Acct, Descriotionl Finance: II", .- JJ._ ( )i1 Notes: "'A?~/-"1' 7-~,.. -=>;J ; , I..... 75-0262 Aop.nrt;:a Itpm Nn_ 3'7 c; (""" 1.0/ (" t.o/ o o SUBJECT: Appeal of Planning Commission denial of Conditional Use Permit No. 91-40 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-I, CO-2, CG-l, CG-2, CR-2, OIP and IL land use designations only. They are not permitted in any residential designation. (''' " ..,,,1 o o 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. 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. Findings states that the Use Permit only if all the 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 3 (" Il~ .", - Letter of Appeal - Staff report to Planning Commission dated May 16, 1992 - Findings of Fact c: f'" .l~ ",I (" il',;I o rir. A 'I ~fIIJnh':'t' C,ir8:'.:.tor . '-.- -":l ..,~ [;,:,po(rJr"!':'tH ,.T( ~i~f!~!'r;9 '':!'!] =';!!Oir"'~3 :':"f ".'!('?::- i:"t!j '.It St~" r:-..'.........~~ ,j"n) 3GO N(lrl~! [I Str'?et :3-:n =t'r!"ter'~~~':t. ,~.;~. 92~ 1 ;3-'."'11) 1 OW' ConrjJtionol Use Ft?,rm1~ 1\10. .;,-40 :,'1jr~ j.-~r'e ~f!rk.' ,=I~~., ~;;6',n/e.~:t_ 'Str' :tr~'?t. "Q 1 I" r;---:"1,',t~, -:.~" ;,,'8r..,~r'..1n(1.. ':~. - . SIJoJect -~pc'e,:: ..,r" =:l~:-:r:ir"; C.-.......,..('1?:.1":.r. C.n~,.:!el.. .''.::'":'-? '- :'?~2 - , Cfl:-;~r rjr. 5('1.J9tll?l~... o '.- )llflt? 1-:'92 .,;.....) ~'l 't't~!,..! erT ~.'Il': -., ~ '.:/" !~"'!nI1~ ~ ~ ..::n~; J'.?t.~.~r- .!..,:, ......,:, ..:o",~:.:.~i"',.1 , " ... .' ....:-'~. - --.' ~ ~r.!t=I ;:.::.....-'r.:..(1 r"'r~("rf'::':-l'(lr:":. '~~,',f'I'f'oJ ." ,", ..... ".;, _ _ _.... _ U I U r':'r ~ l_:.-:.:. =-,;,..~~:!+ Z ::. ~ -.:.1(: ; .~. i..!!? : ;~~')r ::nlJ .-.._,....~-r-'~.f"! [':'U"-";!f .. ~'ec"';.'~'J ':'P :r"!e rn8ri~:: :)1 ~ht? ,~~,~'ii('~ti:..!n ':'1.:0 i ~.~ P:~~':.~ t.:- .~,Ir..-.,^ .......... ""';~ ~,..... f1~Ar.' f'!,1 .,.'~ 11 r!~ ~1':' ~I d - . :..,.- . - "':;:1 . ( I - - ,... . :....,.........'1 r",:" .,..,:. ,....- -'.' .. .,.....:.. '-. ~!jv..::e ''::(T;'_~ 6(:,::; :.:.., ~~:!rner:JlflO, Ci:. l~2~.).i 7 ! d- 381-~::556 ......... .1~~-~.:~~.-..;, ~.....~.. ~'!~ ;--:--; I ~: I ioJ~ ',(; UL.! :: "') .- I ...... --; ;----, ~I -. ; ,l j . : I L..::../ JUN 2 3 i;;~L ~6;;~-:~~~:~~;:,~,<:~~:,} :, Exhibit 1 CITY OF SAN OERNARDINO - QEMORANDUM To ()ect P~anning Commission Conditional Use Permit No. 91-40 From Al Boughey, Director Planning & Building SVI June 5, 1992 Date 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 ()' 'II ('''' 'I~"I .",'L, _ ,. _" . . - ,".- . "~";":"'. ,: -" . .~. - .-"-- '- . ~~<~. , ,,'~ ~~,,"-~ii ...."....:--~;;.. ." ;". Exhibit 2 o Attachment "A" o (" CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY AGENDA ITEM HEARING DATE WARD 6 :>-l~-~L 1 ('" .. '/'""'0, APPLICANT: Marianne Barklage W CONDITIONAL USE PERMIT 91-40 596 N. 6th St. U) San Bernardino, CA 92410 C( OWNER: Same 0 /'""'0, Applicant requests under authority of Section 19.04.020 to ~ permit a community care facility to serve as a licensed U) alcoholism and drug abuse recovery facility for 40 residents, W in an existing multi-family structure, :I 0 W Subject property is located at 596 W. 6th Street on the north a:: east corner of 6th and IIF" Streets in the RM, Residential - C( Medium, General Plan land use designation. W a:: C( .... \.......I'" , / 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 li/est 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; KJ{NO \... ZONE: KKNo 0 ZONE B o NO ( HIGH FIRE DYES I AIRPORT NOISE! 0 YES REDEVELOPMENT XIX! YES HAZARD ZONE: U NO CRASH ZONE: PROJECT AREA: XIXI NO J o NO ".--... - r / ..J o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL C( APPLICABLE EFFECTS WITH 0 MITIGATING MEASURES - ,~ ~ 0 ZU) NO HR. CONDITIONS WCJ egxEXEMPT II.C :EZ o E.I.R. REQUIRED BUT NO II.Z g: DENIAL Z- SIGNIFICANT EFFECTS C(W .. OC WITH MITIGATING t;~ a::i: MEASURES o CONTINUANCE TO -II. - > o NO SIGNIFICANT o SIGNIFICANT EFFECTS 0 Z 0 W EFFECTS SEE ATTACHED E.R.C. W '" MINUTES a:: " ...- '---" ~AC:,~ plAN-om PAGE 1 OF 1 (4-iO) ('" '. Q o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-40 (" 6 5-19-92 2 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE ,.... 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 f: '., 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. (' '" ..-/ ... ern Ol' iSM --.:) ---- PLAN-8.D8 PAGE 1 OF 1 (4-Oll) 0", o r ('~ '1... CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-40 ..... OBSERVATIONS AGENDA ITEM HEARING DATE PAGE Ii 5-19-92 3 ..... .... 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. ('" " '" .I 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: (' " l~ " Consistent with Health and Safety Code (Section 1267.8) the intermediate care facility shall include prov~s~ons for developmentally disabled habilitative - nursing or congregate living ." ~~..sL~ .... ~ PLAN-8.oa PAGE 1 OF I (4-90) (' (, Il~; (; "" - v CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-40 AGENDA ITEM HEARING DATE PAGE b 5-19-92 4 OBSERVATIONS ~ ""I 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-l, CG-2, CR-2, OIP and IL land use designations only, They are not permitted in any residential land use designation. Development Code Chapter 19.36.050, 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 Permit Streamlining Act the City has six months from the date of the application being deemed complete to take action on the proposed project. The application was deemed complete November 26, 1991 and the City must take action prior to May 26, 1992. 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 Of'l' 0' SNI -...0 ClJmIW..~1BMCU P1.AN-8J)8 PAGE 1 OF t (4-90) a 0 ~ "'l CITY OF SAN BERNARDINO PLANNING CASE CUP 91-40 (O~ AND BUILDING SERVICES DEPARTMENT AGENDA ITEM t:. OBSERVATIONS HEARING DATE 5_1q_q? - PAGE C; ... .il 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. Services Attachments A - Location Map (' an CI' 1M..........., ---- PI.AN-8.D8 PAGE I OF , (40901 Attachment "A" CITY OF SAN BERNARDINO PLANNING . . AND BUILDING SERVICES DEPARTMENT <. CASE LOCATION CUP 91-40 ,...., V HEARING DATE 5-19-92 (,I' .... " (..... CllT'l'Cll'IM~ --- AGENDA ITEM # ..... 6 .... 1;.( ",~",'" .~ PLAN-B.ll PAGE 1 OF 1 (4oSIO) (: (: (" h.."t c -- :.....) COIlDITIODL USB PBRMIT BO. 91-40 I'DlDIJfGS 1. The proposed use is not permitted or conditinally permitted within the RK, Residential Medium land use zoning district. Therefore, review for compliance with all applicable provisions of the Development Code has not been completed. Exhibit 3