HomeMy WebLinkAbout01-26-1999 98-066 God Sent Care Center/CUP AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: January 26, 1999
SUBJECT:
PUBLIC HEARING - PA 98-066, God Sent Care Center
Conditional Use Permit (CUP)
(Report Prepared by: Anne Kinney, Assistant Planner)
EXHIBITS:
Project Plan
Resolution approving the Conditional Use Permit, subject to conditions
ATTACHMENTS:
B.
C.
D.
Vicinity Map
Applicant's written statement
Three Letters of Support
Signed Petition (3 pages)
RECOMMENDATION:
1)
2)
3)
4)
Open public hearing
Receive staff presentation and public testimony
Close public hearing and deliberate
Adopt Resolution (Exhibit 2) approving the Conditional Use Permit,
subject to conditions.
DESCRIPTION:
The Applicants, Garrett and Angela Riller are requesting approval of a Conditional Use Permit to operate
a residential care facility for 8 elderly adults at 7628 Ironwood Drive. The applicants currently operate a
State licensed care facility within this residence for 6 elderly adults. The facility would continue to
operate 24 hours a day, 7 days a week. No exterior changes or additions to the residence are proposed.
BACKGROUND:
Dublin Zoning Ordinance:
Under the current Dublin Zoning Ordinance a Large Community Care Facility providing 24 hour
residential care for seven or more elderly persons in the R-1 Single-Family Residential Zoning District,
requires a Conditional Use Permit approval prior to operation. A Small Community Care Facility
providing 24-hour residential care for six or fewer elderly persons is a permitted use within any residential
district.
Public Notification:
In accordance with State law, a public notice of the public hearing was mailed to all property owners and
residents within 300 feet of the proposed project. The public notice was also published in the Tri-Valley
Herald and posted in public buildings throughout the City. To date, the City has received no objections
from surrounding property owners or residents regarding the current proposal.
COPIES TO: Garrett and Angela Riller
PA file
g:pa/98066/pcsr
Support from the neighborhood:
The Applicants, submitted three letters of support (Refer to Attachment C) to the planning department,
written by the following persons:
1)
2)
3)
Mrs. Louise Olive, 7642 Ironwood Drive (property owner to the immediate north of the
God Sent Care Center.
Ms. Helene Harris, a Geriatric Liaison and Referral Placement Officer.
Mrs. Pat Gellerman, a Dublin resident whose father is a resident at the God Sent Care
Center.
In addition, the Applicants submitted a petition of support (Refer to Attachment D) signed by 78 Dublin
residents, 35 of which reside within 300 feet of the property in question. A total of 72 notices (addressed
to property owners and occupants) were mailed to 56 residences within 300 feet of 7628 Ironwood Drive.
Representatives of 25 households signed the petition.
Existing Facih'ties in Dublin:
There are presently 4 licensed residential care facilities for the elderly in Dublin. Each facility is licensed
for six or fewer residents. The God Sent Care Center is one of these.
ANALYSIS:
Conditional Use Permit:
The purpose of a Conditional Use Permit is to determine whether the proposed use is appropriate for the
site and if conditions of approval are required. Issues that are commonly addressed include access to the
site, land use compatibility and site design. The Planning Commission must make the following findings
before a Conditional Use Permit may be granted:
The proposed use and related structures is compatible with other land uses, transportation
and service facilities in the vicinity;
The proposed use will not adversely affect the health or safety of persons residing or
working in the vicinity, or be detrimental to the public health, safety and welfare;
The proposed use will not be injurious to property or improvements in the neighborhood;
There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures wouM not be detrimental to
the public health, safety, and welfare;
The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed;
The proposed use will not be contrary to the specific intent clauses or performance
standards established for the R-1 Single-Family Residential Zoning District in which it is
to be located an&
The approval of the Conditional Use Permit will be consistent with the Dublin General
Plan.
ISSUES:
The primary issues associated with a Large Community Care Facility locating within a residential area
include: 1) traffic and circulation concerns; 2) parking; and 3) compatibility with the surrounding
neighborhood.
Traffic and Circulation Impacts:
It is anticipated that the traffic generated by this facility would be less than or equal to that generated by a
typically single-family residence. The applicants have stated that the facility only receives one or two
visitors per week, a weekly visit by St Raymond's Church and other services. The facility has four
employees with one employee per shift. The residents are non-ambulatory and do not leave the facility
alone.
Parking:
Parking is available on-site within the garage and driveway of the residence. It is anticipated, based upon the
limited number of weekly visitors received by the facility, that parking should not be a problem in the
neighborhood.
Land use compatibility:
The proposed facility would be compatible with the surrounding neighborhood because it would generate
limited traffic or noise. The facility would consist of 8 elderly persons living together as a household and
would function similar to a single-family home. In addition, no exterior changes or additions are planned
and the residence will maintain its appearance ora single-family home.
The God Sent Care Center has operated at 7628 Ironwood Drive since January 1997. The City has not
received any complaints regarding this facility.
Consistency with the General Plan:
The project is consistent with the City of Dublin Zoning Ordinance and General Plan designation of
Single-Family Residential.
OTHER DEPARTMENTAL REVIEW:
The project has been reviewed by the Building Department, the Public Works Department, Police
Services and Alameda County Fire Department. Alameda County Fire Department has determined that a
community care facility for 8 elderly persons must comply with several requirements which are included
in the draft resolution (Exhibit 2) as conditions of approval.
ENVIRONMENTAL REVIEW:
The project has been found to be Categorically Exempt from CEQA under Section 15061, Class b (3), of
the California Environmental Quality Act guidelines. It can be seen with certainty that there is no
possibility that the project may have an impact on the environment because the proposed project would be
located within an existing single-family residence and because little or no additional traffic would be
generated by the addition of two new residents within the care facility.
CONCLUSION:
The Conditional Use Permit process evaluates proposed projects in relation to certain criteria and subject
to conditions to determine if the project is appropriate for a specific site. The proposed Large Community
Care Facility is in an appropriate use because it would be compatible with surrounding neighborhood,
generate little traffic and have no visual impacts. The provision of community care facilities is beneficial
to the City of Dublin by meeting a growing need of providing residential care for our senior citizens.
RECOMMENDATION:
Staff recommends the Planning Commission conduct a public meeting, deliberate, and adopt Resolution
(Exhibit 2) approving the PA 98-066 God Sent Care Center Conditional Use Permit.
GENERAL INFORMATION:
APPLICANT/PROPERTY OWNER:
Garrett and Angela Riller
7628 Ironwood Drive
Dublin, CA 94568
LOCATION:
EXISTING ZONING:
GENERAL PLAN DESIGNATION:
7628 Ironwood Drive,
(APN 941-0170-056-00)
R-1 Single-Family Residential Zoning District
Single-Family Residential
G:~PA98066\pcsr
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7628 IRONWOOD DR
EXHIBIT 1
RESOLUTION NO. - 99
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 98-066 GOD SENT CARE CENTER
CONDITIONAL USE PERMIT REQUEST TO ALLOW THE OPERATION OF A LARGE
COMMUNITY CARE FACILITY PROVIDING 24 HOUR RESIDENTIAL CARE
FOR 8 ELDERLY PERSONS AT 7628 IRONWOOD DRIVE
WHEREAS, the Applicants, Garrett and Angela Riller, have requested approval of a Conditional
Use Permit to allow the operation of a Large Community Care Facility providing 24 hour residential care for
8 elderly persons at 7628 Ironwood Drive, in a R-1 Single-Family Residential Zoning District; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
WHEREAS, The project has been found to be Categorically Exempt from CEQA under Section
15061, Class b (3), of the California Environmental Quality Act guidelines. It can be seen with certainty that
there is no possibility that the project may have an impact on the environment because the proposed project
would be located within an existing single-family residence and because little or no additional traffic would
be generated by the addition of two new residents within the care facility; and
WHEREAS the Planning Commission held a properly noticed public hearing on said application on
January 26, 1999; and
WHEREAS, the Staff Report was submitted recommending that the application be approved; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment to make a decision; and
WHEREAS, the Planning Commission has found that the proposed project is appropriate for the
subject site.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find that:
The proposed use is compatible with other land uses, transportation and service facilities in the
vicinity because it will resemble in function and appearance a single-family residence and will
generate little traffic.
EXHIBIT 2
The proposed use will not adversely affect the health or safety of persons residing or working in the
vicinity, and will not be detrimental to the public health, safety and welfare because all applicable
regulations will be met.
The proposed use will not be injurious to property or improvements in the neighborhood because it
would generate little traffic and would not adversely impact the neighborhood.
There are adequate provisions for public access, water, sanitation, and public utilities and services to
ensure that the proposed use and related structures would not be detrimental to the public health,
safety, and welfare.
The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed because the site is currently zoned for residential uses and no exterior
changes or additions are required to accommodate 8 elderly persons.
The use is not contrary to the specific intent clauses, development regulations, and performance
standards established for the R-1 single-family residential zoning district in which it is located.
The approval of the Conditional Use Permit will be consistent with the Dublin General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve PA 98-066 'God Sent Care Center' Large Community Care Facility Conditional Use
Permit as generally depicted by the staff report and the materials labeled Exhibits 1 & 4 to the staff report,
stamped approved and on file with the Dublin Planning Department, subject to compliance with the
following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building
permits or establishment of use, and shall be subject to Planning Department review and approval. The
following codes represent those departments/agencies responsible for monitoring compliance of the
conditions of approval. [PL.] Planning, |BI Building, |PO| Police, [PW] Public Works [ADM]
Administration/City Attorney, |FIN| Finance, [F] Alameda County Fire Department, [DSRI Dublin San
Ramon Services District, |CO| Alameda County Department of Environmental Health.
Approval. This approval is for the operation of a Large Community Care Facility providing 24-hour
residential care for 8 or fewer elderly persons at 7628 Ironwood Drive, Dublin. [PL|
Period of approval. This approval shall be null and void in the event the approved use fails to be
established within one year, or ceases to operate for a continuous one-year period. [PL]
State Department of Social Services License Permit. Prior to the establishment of this use, the
Applicants shall submit a copy of thc State Department of Social Services License Permit for thc
operation of the residential care facility for 8 elderly persons. [PL]
2
On a continuous basis, the Applicants shall provide the City of Dublin Planning Department with a
current residential care facility operating license issued by the State of California Department of
Social Services. [PL]
Regulations and requirements. The Applicants shall prior to the establishment of use comply with
all applicable regulations and requirements (including payment of all appropriate fees) of Alameda
County Fire Department, including but not limited to the following: [FI
Fire Sprinkler System. The Applicants shall install an automatic Fire Sprinkler System
throughout the facility. In accordance with the code interpretation dated August 23, 1996
by the No. California Fire Prevention Officers Building Standards Committee, the Fire
Sprinkler System may be a 13R system. [FI
b. Smoke detectors. The Applicants shall install smoke detectors in all sleeping rooms and
in the area just outside of the rooms in accordance with UBC 310.9.1.1. [F]
Fire Alarm System. The Applicants shall install a manual Fire Alarm System within the
facility. Strobes shall be installed in all common areas. It is suggested that at least one
sleeping room have a strobe for any future residents that may be hearing impaired. [F]
Fire extinguishers. Fire extinguishers shall be currently serviced in accordance with the
Uniform Fire Code, and/or State Fire Code. This may be field coordinated with the fire
inspector IF]
Exit Signs. The Applicants shall install exit path illumination (emergency lighting) and
lighted exit signs (may be self-illuminating) showing exit pathways and doors throughout
the facility in accordance with the Uniform Fire Code, Uniform Building Code and/or
State Fire Code. IF]
Exit Hardware. The Exit Hardware shall be openable in one motion. The Applicants
shall replace the existing front door hardware with hardware that meets ADA
requirements. [F]
Doors. The Applicants shall replace the sliding glass door with a hinged door with proper
hardware. The sliding door in the bedroom shall have one latch only. Dead bolts, chains
etc. are not permitted. [F]
Signs. There shall be no signs displayed on the site advertising the Care Center. [PL]
Maintenance. The Applicants shall be responsible for cleanup and disposal of project related trash in
order to maintain a clean and litter free site. [PL]
Regulations and Requirements. The Applicants shall comply with all applicable regulations and
requirements of Alameda County Fire Department, Dublin Public Works Department, Dublin Building
Department, Dublin Police Services, Alameda County Department of Environmental Health and
Dublin San Ramon Services District. [F, PW, B, PO, CO, DSR]
3
9. Annual review. On at least an annual basis, this Conditional Use Permit shall be subject to Zoning
Investigator Review and determination as to compliance with the conditions of approval. [PL]
10.
Revocation of permit. The permit shall be revocable for cause in accordance with Section 8.96.020.I
of the Dublin Zoning Ordinance. [PL]
PASSED, APPROVED AND ADOPTED this 26th day of January, 1999.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Community Development Director
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CITY OF E
)ATE: MAY" 1989
ON CALIFOR
NATE' sYSTEM Z0
SCALE
\ A B'"
ATTACHMENT A - Vicinity Map
In response to the outline for written statements.
a. Our home is currently being used as a licensed residential care home for the elderly. We are
licensed to care for six residents but are requesting a conditional use permit to allow us to increase
our population from six to eight residents.
b. I currently have four full time employees (including myself) and one part-time employee. I will
not need to add more staff. Our residents here are mostly high functioning meaning they are able
to pa~icipate with their activities of daily living.
c. Already in operation, our hours will continue to be 24 hours a day 7 days per week.
d. Our home is here to provide care and assistance for senior citizens in our community.
e. Our care home will continue to benefit the community by providing much needed aid and
support to senior citizens and their families. I work closely with physicians, social service workers
and gerialric liasions who frequently refer seniors in need of our services who reside in our
community. Also, we are sought out by local neighbors requesting care for their loved ones, local
neighbors have sought employment opportunities here so they can work close to home and local
youth enjoy visiting our residents. St. Raymonds Parish visits weekly for prayer, bible study, and
communion services. Our residents really appreciate their concern and services, some are
parishioners.
f. Our home does not disrupt the peace of the neighborhood. Our residents are kind and
peaceable. They are alert and able to communicate. They are stationary and do not leave the
facility unatlended. They infrequently leave the premises, usually just for holidays. Since we
have a house physician, barber-beautician, a activity program plus other services, all of their needs
are met in house.
g. Our home based business will not have any negative effects on the health or safety of people
residing or working in the vicinity.
h. Our business will not create any negative impacts on property, transportation systems, or
existing improvements in the neighborhood. If granted a conditional use permit there will not be
any additional changes to the outside of our home. It will maintain its residential appearance. Our
property and home is very neat, clean and well maintained. We have our landscaping
professionally groomed weekly. Our home has not added much if any to current traffic
conditions. We have a two car garage and a very wide driveway to offer for parking as needed.
ATTACHMENT B
Mrs. Louise Olive
7642 Ironwood Drive
Dublin Ca
Sept 15, 1998
Dear Mr. Dennis Canington, Zoning Administrator;
This letter is in support of God Sent Care Center's increase of capacity from 6 to 8 elderly
residents. I have lived here in Dublin for over 30 years. I am Angela and Garrett Riliers next door
neighbor. The Rillers are good people. I have visimd their care home on many occasions. The
residents there are nice and peaceable. The home is very neat, clean and the grounds are well kept.
I have spoken with residents there and have observed them to be clean and well taken care of. The
residents are stationary and do not leave the home unattended. I am usually home all day on a
daily basis. I have observed no traffic on the premises. This care home has not caused any impact
on currant traffic conditions. This is a much needed service for senior citizens in our area. I am a
senior citizen myself. Angela and Garrett are responsible operators and I encourage your
allowance of a conditional use pemait for this elder care home. If I can be of any futher assistance,
please feel free to contact me. '~
Sincerely,
Mrs. Lo[rise Olive
ATTACHMENT C
f CAREFINDERS
We take time to olace you right.
October 27, 1998
Mr. Dennis Carrington
Zoning Administration
City of Dublin
Re: Conditional Use Permit for God Sent Care Center
Dear Mr. Carrington:
I am a Geriatric Liason and Referral Placement Service for seniors in need of short and
long term care in Contra Costa County. I refer my clients only to quality care homes in
which they can have care designed for their individual needs. I often refer to God Sent
Care Center. I am very impressed with Angella Riller's interest and concern for the
elderly. The clients in Angella's care are very happy and well cared for and families are
delighted with the facility. We need more care providers like Angella Riller. I
understand that Angella is requesting a conditional use permit so that she can have two
additional residents in her home. I highly recommend and encourage you to grant this
request.
Dublin needs more quality care homes. The statistics prove that dependent seniors adjust
to and function better in a small facility. By granting Angella the conditional use permit
you will be making it possible for two more seniors to have quality care in Dublin. IfI
can be of further help please contact me at 925-945-0954.
Gerontologist
M.A. Gerontology
k/Ua[Itt'"'- e ~P~;r''~'tkztldflS,lh~ ;,r3~ _ogaL n Lane, Danville, California 94526
(510) 743-0273
Mrs Pat G-ellerman
8097 Via Zapata
Dublin Ca 94568
Sept 18, 1998
Dear Zoning Administrator;
Hello, My name is Pat Gellerman. My husband and I have lived in the city of Dublin for over 30
years. My dads health had come to a point where he needed more assistance than my mother
could give due to physical disabilities of her own. My dad was very depressed, I did not want him
in a nursing home. A neighbor told me about God Sent Care Center here in Dublin, and now my .
dad is a resident there. We are all very pleased with the sevices they provide. They are one family
at God Sent. I appreciate having this type of service in our community. I am able to visit him
often since the home is just a few minutes away from my own. God Sent is nice and pleasant,
mostly my dad is very happy there. Angela has a special gift to do what she does for the elderly.
I am so glad for my dad and I support their increase from six to eight residents. So many families
are in need of this" God Sent" service.
Sincerely,
Pat Gellerman
God Sent Care Center
Letter of Support
GOD SENT CARE CENTER is a residential care home for the
elderly. As neighbors of GOD SENT. we support the
allowance to increase their capacity to eight residents. The
home has been in operation for two years and does not
adversely affect the neighborhood.
ATTACHMENT D
God Sent Care Center
Letter of Support
GOD SENT CARE CENTER is a residential care home for the
elderly. As neighbors of GOD SENT. we support the
allowance to increase their capacity to eight residents. The
home has been in operation for two years and does not
adversely affect the neighborhood.
7628 Ironwood Drive
Dublin, CA 94568
God Sent Care Center
Letter of Support
GOD SENT CARE CENTER is a residential care home for the
elderly. As neighbors of GOD SENT. we support the
allowance to increase their capacity to eight residents. The
home has been in operation for two years and does not
adversely affect the neighborhood.
7628 Ironwood Drive
Dublin, CA 94568