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HomeMy WebLinkAboutPCReso 97-20 PA97-023 Turan Res Care Facility CUPRESOLUTION NO. 97 - 20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 97-023 TURAN RESIDENTIAL CARE FACILITY CONDITIONAL USE PERMIT REQUEST TO ALLOW THE OPERATION OF A RESIDENTIAL CARE FACILITY (COMMUNITY CARE FACILITY) IN AN R-l, SINGLE FAMILY RESIDENTIAL ZONING DISTRICT AT 8521 VALENCIA STREET WHEREAS, Sandor and Anna Turan have submitted an application requesting approval of a Conditional Use Permit for the operation of a residential care facility, for a maximum of 12 elderly persons as the primary use within an existing single-family residence in an R-l, Single Family Residential Combining District, located at 8521 Valencia Street; and WHEREAS, a Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Dublin Environmental Guidelines. The Initial Study evaluated issues relating to noise, parking, land use and traffic, among others. It was determined that the proposed project will not have a significant effect on the environment; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on October 14, 1997; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally 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. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The proposed use is in the best interests of the public health, safety and general welfare. Bo The proposed use is required by the public need because of the need for residential care facilities for the elderly. Co The proposed use would properly relate to other land uses and transportation and service facilities in the vicinity because it will resemble a single family residence, generate little traffic, and require limited services. Do The approval of the application is consistent with the intent/purpose of Section 8-94.0 Conditional Uses. The proposed use will not materially adversely affect the health of safety of persons residing or working the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. Fo The proposed use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located. G. 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 97-023 Turan Residential Care Facility Conditional Use Permit as generally depicted by the staff report and the materials labeled Exhibits A 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 final parcel map approval, and shall be subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [PR] Parks and Recreation, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Flood Control & Water Conservation District (Zone 7). Community Development The Applicant shall comply with applicable Alameda County Fire Department, Dublin Public Works Department, Dublin Building Department, Dublin Police Service, Alameda County Flood Control District Zone 7, Alameda County Public Health, and Dublin San Ramon Services District requirements. Prior to issuance of building permits or the installation of any improvements related to this project. [F, PW, PO, Z7, DSR, PL] This approval is for the operation of a Residential Care Facility for 12 or fewer elderly persons at 8521 Valencia Street as shown on the site plan, floor plans, and elevations, dated received July 28, 1997. [PL] 3. The maximum number of elderly residents at the Residential Care Facility at any one time shall not exceed 12. [PL] 4. This approval shall become null and void, in the event the approved use fails to be established or ceases to operate for a continuous one year period. [PL] 5. Prior to the issuance of building permit all applicable fees shall be paid. [PL] 6. The Applicant shall not operate a Home Occupation at 8521 Valencia Street. [PL] 7. Prior to receiving a business license, the applicant shall make all improvements indicated on the site plan and floor plan. [PL] 8. Prior to receiving a business license, the applicant shall make all necessary improvements for an "E" Occupancy in conformance with the Uniform Building Code. [PL] 9. Prior to receiving final occupancy, the applicant shall: a. Install for the entire building a State Fire Marshall approved fully automatic fire extinguishing system, designed and installed in accordance with Section 2-3801 (d) of Chapter 2-38 of Part 2 of Title 24 of the California Code of Regulations; b. Ensure that the entire building shall be of at least Type V one-hour fire resistive construction, as described in Chapter 2-22 of Part 2 of Title 24 of the California Code of Regulations; c. Ensure that the entire building shall have a State Fire Marshal approved and listed manual fire alarm; and d. Ensure that two means of egress from the remodeled residence shall be provided to the Satisfaction of the Fire Marshall of the Alameda County Fire Department. [F] 10. Prior to the establishment of this use, the operator shall submit a copy of the State Department of Social Services License Permit for the operation of the residential care facility. [PL] 11. On a continuous basis, the Applicant 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] 12. There shall be no signs displayed on the site advertising the Center. [PL] 13. The Applicant shall be responsible for cleanup and disposal of project related trash in order to maintain a clean and litter free site. [PL] 14. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 14th day of October, 1997. AYES: Cm. Jennings, Johnson, and Hughes NOES: Cm. Oravetz ABSENT: Cm. Musser l~lannin~ Commi~ion ChairpersOn Eddie Peabody, Jr. Community Development Director g :\pa97023\cupres