HomeMy WebLinkAboutItem 6.1 TuranFacilityCondUsePmt (2)
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CITY CLERK
File # D[2t][l][Q]-b3][Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 18, 1997
SUBJECT:
EXHIBIT ATTACHED: 1)
2)
3)
. 7)
RECOMMENDATAjON 11)
2)
I 3)
4)
5)
FINANCIAL STATEMENT:
Appeal of Planning Commission Approval ofPA97-023 Turan Residential Care
Facility Conditional Use Permit rl/
(Report prepared by: Jeri Ram, Associate Planner)y\
4)
Planning Commission Staff Report dated October 14, 1997 with attachments
Planning Commission Minutes for October 14, 1997
Planning Commission Resolutions approving the Conditional Use Permit
and Negative Declaration
Letter Received October 23, 1997, Appealing Planning Commission
Decision of October 14, 1997
Resolution Affirming Planning Commission Decision of October 14, 1997
Resolution Reversing the Action of the Planning Commission of October
14, 1997
State Title 22 - CCLD Housing Requirements for Residential Care Facilities
5)
6)
Open public hearing and hear Staff presentation
Take testimony from the Applicant and public
Question Staff, Applicant and public
Close Public Hearing and Deliberate
Options for Action:
A. Adopt Resolution Affirming the Planning Commission Approval of
October 14, 1997 (Exhibit 5)
B. Adopt Resolution AffIrming the Planning Commission Approval of
October 14, 1997 (Exhibit 5) with modifIcations or additional
conditions as directed by the City Council
C. Adopt Resolution Reversing the Planning Commission Action of
October 14, 1997 (Exhibit 6)
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No impact.
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COPIES TQ: Applicant
Appellant
Internal Distribution
ITEM NO.
6,~i
DESCRIPTION:
.
The Applicants are requesting a Conditional Use Permit to operate a Residential Care Facility housing up to
twelve elderly adults in a remodeled single family home at 8521 Valencia Street. A Conditional Use Permit is
required for the operation of a residential care facility for more than six individuals. There is an existing
Residential Care Facility for up to 6 elderly adults in the same home. Four bedrooms and one and one-half
bathrooms would be added to the rear of the residence to accommodate the six additional individuals. The
proposed addition would not be visible from the public right-of-way. The proposed addition is consistent with
the Zoning Ordinance and the General Plan.
BACKGROUND:
This item was heard before the Planning Commission at a public hearing on October 14,1997. At the Public
Hearing, one person expressed their opposition to the project and three people expressed concerns about the
proj ect. The concerns expressed were related to property values, traffic, noise and parking.
During deliberations, Commissioner Oravetz noted that there was already a lot of traffic on the street and that he
thought the residential care facility should be approved for only eight. The Commissioner commented that in the
future, if eight residents were not causing problems, the Turans could request an increase to ten residents, then
twelve. The other Planning Commissioners did not agree and noted that the construction expense was too costly
to not have the complete approval up front.
.
The Planning Commission approved the Conditional Use Permit for a residential care facility for a maximum of 12
elderly residents on a 3-1-1 vote with Commissioner Musser absent and Commissioner Oravetz opposing. A copy
of the Planning Commission October 14, 1997, staff report with attachments and the Minutes from that meeting
are attached (Exhibits 1 and 2).
There are presently three licensed residential care facilities for the elderly in Dublin. Each facility is licensed for
six or fewerresidents. The Turan's facility is one of these.
ANALYSIS:
City CouncilAction:
Under the City's Zoning Ordinance, the City Council has the authority to affirm, affirm in part, or reverse the
action of the Planning Commission. Findings shall identify the reasons for the action on the appeal and verify the
. compliance or non-compliance of the subject of the appeal with the provisions of the Appeals Chapter of the
Zoning Ordinance.
The City Council may adopt additional conditions of approval that address the specifIc subject of the appeal.
.
2
. Appeal Issues:
The Planning Commission staff report dated October 14, 1997, (Exhibit 1), provides analysis and background
regarding land use compatibility and traffic, parking, and building design and remodeling issues. In summary,
stafffound that since the expansion would not be visible from the street and the use typically does not increase
traffic or parking problems in a residential area, it would be compatible with the residential character of the
neighborhood.
At the public hearing and in Mr. Hanson's letter of appeal, several issues were brought forward. Since Mr.
Hanson's letter covered all of the issues brought forward at the public hearing, his concerns are listed below with
Staff s response (staffhas modified the language somewhat for clarity):
1. The current six residentfacility has only been in operationfor eight months. There has never been more
than four residents at one time. What does the City really know about their operation and its impacts?
Since staff cannot ascertain exactly what the impacts would be at this center, we contacted others of similar size in
the greater community. We were only able to fInd three facilities that are licensed for more than six elderly
individuals (one specializes in Alzheimers care). Investigationshave shown that although the license may be for a
certain number (for example 12), often the Centers are not filled to that capacity because some residents pay for
private rooms. The results of the survey are set forth in the Chart below:
.
Name of Home Location ' No. of Residents Yrs. in No. of Visitors Weekly No. of Ambulances last
. Operation Year
Carols Guest Home Pleasanton 6 14 yrs 4 0
Pleasanton Guest Pleasanton 15 Since late 1970s 10 I time with siren, 3 times
Home for transport (no siren)
C & M Guest Home Dublin 4 3 - 4 yrs 5 2 - 3 times in the last 3
years
E & B Residential Livermore 7 20 yrs 6 0
Care Home
Sherwood House Livermore 6 14 yrs 10 2 times
Henrikson House San Ramon 5 2-3yrs 5 0
Crow Canyon San Ramon 5 3 yrs 10 3 times
Residential Care
Gaza Retirement Danville 5 10 yrs 5 3 times
Home
God Sent Care Center Dublin 5 Since 1/97 2 2 times for transport (no
II (specializes in siren)
Alzheimer's)
Gold Sent Care Hayward 10 5 yrs 2 0
Center (specializes in
Alzheimer's care)
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3
2.
The size of the proposed business will not complement this residential street location.
.
The expansion of the residence will not be visible from the street. Whether the facility is appropriate in this
location, is a matter that the City Council should determine.
3. How can the residents or the commissionforesee parking and traffic issues when comparing today 's
operation (four residents) with the proposed twelve residents?
Please see response to item 1, and chart above.
4. There would be a potential increase in emergency vehicle activity in this residential neighborhood.
'.
Please see response to item 1, and chart above.
5. The proposed addition adds four bedrooms, totaling 616 sq. ft. , to the existing 1400 sq. ft. structure (two 9'
X 9' and two 9' X 11 '). This totals approximately 2150 sq..ft. with eight bedroomsfor twelve elderly residents to
share with required 24 hour staff.
Staff contacted the California Department of Social Services Community Care Licensing Division (CCLD).
CCLD evaluates each application for licensing on a case by case basis (Exhibit 7). The evaluation by the
licensing specialists is based on general standards as called out on page 64 of Exhibit 7. There are no square
footage requirements for the living area. The Licensing Specialists review the licensing applications, make a sittA
visit, and determine if the space is appropriate. CCLD is the agency created by State law to determine if the spaP
is sufficient for the capacity requested.
6. An eight bedroom 2150 sq.ft. home would permanently terminate the residential use and will only
encourage similar businesses, should this one fail or lose its conditional permit.
Under State law, this use is classified as a "residential use." This is a proposed "residentiaf' care facility where
elderly people will live.
7. The enlargement of the facility from 6 to 12 residents forces neighbors to disclose the business when
selling their home.
Comment noted.
8. There is a potential decline in property values because of the business size and location in the
. neighborhood.
Comment noted.
.
4
.
9. 171is is primarily a single-family residential neighborhood with many small children. Currently there are
11 children living within a 150 foot radius of the proposedfacility.
Staffhas no information in this area. However, at the hearing this issue tied into the fact that there would be a
higher incidence of ambulances visiting the residence in comparison to a typical single family home. While staff
does not have any data on the average number of times a ambulance comes to a residential area, we were able to
collect information from other residential care facilities. That information is shown on the Chart under Item 1,
above.
10. Existingparking on this street allows for two vehicles per home without blocking a driveway. Many of the
neighbors currently park their own vehicles on the street.
.
Staff believes that Mr. Hanson and the other citizens testifying at the Planning Commission Public Hearing were
concerned that people visiting the facility would cause a parking problem in the neighborhood. The Planning
Commission did not believe this would be a problem (see Exhibit 2, p. 92). Staff performed additional research
on the number of visitors these facilities had on a weekly basis, see the Chart under Item 1, above. Based on this
information, Staff continues to believe that parking will not be a problem in a residential area.
Conclusion:
.
Based on the information listed above, as well as the staff report and minutes prepared for the Planning
Commission, Staff requests that the City Council evaluate the proposed project and either affirm, affirm with
additional conditions or modifications, or reverse the action of the Planning Commission.
RECOMMENDATION:
Staff recommends that the City Council conduct a public meeting, deliberate, and either (1) adopt the
Resolution Affirming the Planning Commission action on October 14, 1997 (Exhibit 5); (2) modify the
Planning Commission Approval (Exhibit 5); or (3) adopt the Resolution Reversing the Action of the Planning
Commission (Exhibit 6).
G:\P A97 -028\ccsr
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CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT for October 14,1995
PROJECT: P A 97-023 Turan Residential Care Facility
Conditional Use Permit
PREPARED BY: Dennis Carrington, Senior Planner/Zoning Administrator
DESCRIPTION: A Conditional Use Permit for a residential care facility in a
remodeled single family home at 8521 Valencia Street that
will have a maximum of 12 elderly adults. The residential
care facility currently being operated in this residence by
the applicants houses 6 elderly adults. The Center will
operate 24 hours a day, 7 days a week.
RECOM.MENDATION: Adopt a resolution approving the Conditional use Permit.
BACKGROUND:
The Applicants are requesting a Conditional Use Permit to operate a Residential Care
Facility for up to 12 elderly adults in a remodeled single family home. A Conditional
Use Permit is required for the operation of a residential care facility for more than 6
individuals. There is an existing Residential Care Facility for up to 6 elderly adults in the
same home. Four bedrooms and one and one-half bathrooms would be added to the rear
of the residence to accommodate the six additional individuals. The proposed addition is
consistent with the Zoning Ordinance and the General Plan.
COMPATIBILITY WITH SURROUNDING NEIGHBORHOOD
The proposed facility would be compatible with the surrounding neighborhood because it
would generate little traffic or noise. There have been no complaints received regarding
the operation ofthe existing residential care facility on this property.
EXHIBiT ..1
------------------------------------------------------------------ --------------------------------------------------------------
ITEM NO. M
COPIES TO: Applicants/Owners
PA/Address File
EAGE-L OF )3
oZ
PLA..~1\ING COMJ\lISSION STAFF REPORT
P A 97-023. Turan Residential Care Facilitv Conditional Use Permit
HOME OCCUPATIONS
.
The Turans have operated a dental laboratory in the garage of this residence since August
of 1996. The home occupation is consistent with the Zoning Ordinance (1967 Ordinance)
in affect at the time the application was found to be complete. The Alameda County Fire
Department has determined that the operation of a dental laboratory in the same structure
used as a residential care facility is a violation of the Fire Code. The Turans have
indicated that the dental laboratory is no longer in operation. A condition is included in
the Resolution approving this project that would prohibit other home occupations in this
residence.
TRAFFIC/CIRCULA TION
It is not anticipated that the residential care facility would generate much traffic. These
facilities receive few visitors and is otherwise functioning as a single family home.
DESIGN
The facility is a single family residence and the additions will not change its appearance.
There should be no visual impacts on the neighborhood.
FIRE
.
The Alameda County Fire Department has determined that a Residential Care Facility for
12 or fewer elderly persons must comply with several requirements which are included in
the Resolution as conditions of approval:
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]
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PAGE ~ OF :;>,.IJ
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PLM"NI1\G COl\1MISSION STAFF REPORT
P A 97-023. Turan Residential Care Facilitv Conditional Use Permit
CONCLUSION
The proposed residential care facility is consistent with the R-l, Single Family
Residential, zoning district and the Single Family Residential designation of the General
Plan. It would be compatible 'with the surrounding neighborhood, generate little traffic,
and have no visual impacts. This type of facility would be beneficial to the City of
Dublin because such facilities are necessary for the provision of care to our seniors.
Staff recommends approval of Resolution (Exhibit C) approving the Negative Declaration
for the Turan Residential Care Facility, and of Resolution (Exhibit D) approving a
Conditional Use Permit for the Turan Residential Care Facility subject to conditions of
approval.
GE1\TERAL INFORMATION:
APPLICANT/
PROPERTY OWNER:
Sandor and Anna Turan
8521 Valencia Street,
Dublin, CA 94568
LOCATION:
8521 Valencia Street
ASSESSOR PARCEL:
941-165-100
GENER4L PLAN
DESIGNATION:
Single Family Residential
EXISTING ZONING/
LA1\T}) USE:
R-l, Single Family Residential
SURROI.Jl\T})ING LAND
USE A1\T}) ZONING:
Single family residences and R-l, Single Family
Residential zoning to North, South, East and West.
ENVIRONMENTAL REVIEW: 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. A copy of the proposed Negative Declaration is attached to this report as
Exhibit B.
NOTIFICATION: Public Notice of the public review period of the Negative
Declaration and the October 14, 1997, public hearing was published in the local
newspaper, mailed to adjacent property owners, and posted in public buildings.
3
PA8EloF )0
'i PLANNING COMMISSION STAFF REPORT
P A 97-023. Turan Residential Care Facilitv Conditional Use Permit
RECOM1\fENDATIONS:
FORMAT:
ATTACHMENTS:
1)
2)
3)
4)
5)
6)
Open public hearing and hear staff presentation.
Take testimony from the Applicant and the public.
Question Staff, Applicant and the public.
Close public hearing and deliberate.
Adopt Resolution (Exhibit C) approving the Negative
Declaration for P A 97-023, Turan Residential Care Facility
Adopt Resolution (Exhibit D) approving P A 97-023, Turan
Residential Care Facility Conditional Use Permit, or give
Staff and Applicant direction and continue the matt~r.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Project Plans
Negative Declaration
Resolution Approving Negative Declaration
Resolution Approving Conditional Use Permit
Backlrround Attachments:
Attachment 1:
Attachment 2:
Area Location Map
Applicant's Written Statement
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CITY OF DUBLIN
PO. Box 2340. Dublin, California 94563
City Offices. 100 Civic Plaza, Dublin, California 94568
NEGATIVE DECLARATION
NEGATIVE DECLARATION FOR: Turan Residential Care Facility
LOCATION:
DESCRIPTION:
(Pursuant to Public Resources Code Section 21000, et seq.)
8521 Valencia Street, Dublin, CA 94568
A residential care facility for twelve elderly persons in a remodeled
single family residence in a developed urban area.
NAME OF PROJECT
PROPONENT
FINDINGS:
Sandor and Anna Turan.
The project wiH not have a significant impact on the environment.
ative Declaration was prepared by the City of Dublin
Staff, (510) 33-6610.
SIGNA TURE:
Eddie Peabod Jr.
Director of Community D
DATE: September 15, 1997
DC
EXHIBIT f3
P. "r" C/ .0,.-10'
Au;: -1- r ~
.L.ciministration (510) 833-6650 . City Council (510) 833-5605 . Finance (510) 833-6640 . Building Inspection (510) 833-6620
Cocie Enforcement (510) 833-6620 . Engineering (510) 833-6630 . Parks & Community Services (510) 833-66~5
- M_;~ ,",~"cl,,"rr"'nj (;;1m R"',-5fi50 . Police (510) 833-6570 . Public Works (510) 833-6630 . Planning (510) 833-6610
/0
INITIAL STUDY
(ENVIRONMENTAL CHECKLIST FORM)
.
(Completed pursuant to City of Dublin
Environmental Guidelines, Section l.6)
APPLIC~TION NO. :
PA 97-023 Turan Residential Care Facilitv
I . BACKGROUND
l. Name, Address and Phone Number of Proponent:_
Sandor and Anna Turan, 852l Valencia Street, Dublin, CA 94568
(5l0) 556-0l52
2.
Agency Requiring Checklist:
City of Dublin
3.
Name of Proposal, if applicable:
Facility
Turan Residential Care
.
4. Description of Project: Licensed Residential Care Facility
Drovidinq 24 hour a day, seven days a week care, for UD to twelve
(l2) elderly Dersons.
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PAGE.J.J:L OF ~ J
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II. ~~vIRO~TM~NTft~ IMPACTS (See Part III for discussion of environmental
topics)
. YES M.Z;.Y3E NO SOURCE2
.
x
x
x
x
.
x
1,3
1. EARTH. Will the proposal result in:
2Re=e~ to app~op=iate note on page 8
x
1,3
x
1,3
x
1/3
x
1,3
x
1,3
x
1,3
g.
a.
Unstable earth conditions or In changes of
geologic substructures?
b.
Disruptions, displacements I compaction or
over covering of the soil?
c.
Change in topography or ground surface relief
features?
d.
The destruction, covering or modification of
any unique geologic or physical features?
e.
Any increase in wind or water erosion of
soils, either on or off the site?
f.
Changes in deposition or erosion of beach
sands, or changes in siltation, depositionl
or erosion which may modify the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
Exposure of people or property to geologic
hazards such as earthquakes, landslides, mud
slides, ground failure, or similar hazards?
2. AIR. will the proposal result in:
1/3
1,3
1,3
1,3
a.
b.
c.
d.
Substantial air emissions of deterioration of
ambient air quality?
The creation of objectionable odors?
Alteration of air movementl moisture or
temperature, or any change In climatel either
locally or regionally?
Construction or alteration of a facility
within one-fourth of a mile of a school which
might emit hazardous air emissions? If Yes,
school district must be consulted and must
be given written notification of the project
PA I, -. ~_.f:"'~
:;E ~.L_ ().. ..r
-?
----
II. =:'NvIRONM'ENT.~L IMPACTS (See Part III for discussion of environmental
topics)
Y2S K~YBE NO SOURCE2
not less than 30 days prior to approval ...
ErR or Negative Declaration (Pub. Res. C~
21151.4) .
3. WATER. Will the proposal result in:
x
1,3
x
1,3
x
1,3
x
1,3
x
1,3
x
f.
1,3
x
1,3
g.
x
h.
1,3
x
1/3
l.
a.
Changes in currents, or the course of
direction of water movements, in either
marine or fresh waters?
b.
Changes in absorption rates, d~ainage
patterns or the rate and amount of surface
water runoff?
c.
Alterations to the course or flow of flood
waters?
d.
Change in the amount of surface water in any
water body?
e.
Discharge into surface waters, or in any.
alteration of surface water qualitYI
including but not limited to, temperature,
dissolved oxygen or turbidity?
Alteration of the direction of rate of flow
of ground waters?
Change in the quantity of ground waters,
either through direct additions or
withdrawals, or through interception of an
aquifer by cuts or excavations?
Substantial reduction in the amount of water
otherwise available for public water
supplies?
Exposure of people or property to water
related hazards such as flooding or tidal
waves?
4.
PLANT LIFE. Will the proposal result in:
.
.'
2Refe~ ~o appropriate note on page B
I ") ~"j::""':
PAGE~ OF /',../'
3-
.
.
.
-.,.
II. ~~vIRONMENTP~ IMPACTS (See Part III for discussion of environmental
topics)
YES VAYBE NO SOuxCE2
X 1,2,3
X
X
X
X
X
X
1,2/3
X
1,2,3
X
1,2/3
X
1,2,3
X
1,2,3
X
1,2,3
1/2/3
a.
Change in the diversity of species, or numbe]
of any species of plants (including trees,
shrubs, grass, crops, and aquatic plants)?
b.
Reduction of the numbers of any unique, rare
or endangered species of plants?
c.
Introduction of new species of plants in a
barrier to the normal replenishment of
existing species?
d.
Reduction in acreage of any agricultural
crop?
5. ANIMAL LIFE. Will the proposal result in:
a.
Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptilesl fish and
shellfish, benthic organisms or insects)?
b.
Reduction of the numbers of any unique, rare
or endangered species of animals?
c.
Introduction of new species of animals into
an area, or result In a barrier to the
migration or movement of animals?
d.
Deterioration to existing fish or wildlife
habitat?
6. NOISE. Will the proposal result in:
1/2
1/2/3
1/2,37.
1,2,38.
2Re=e= ~D approp~iate note on page B
a.
Increases In existing noise levels?
b.
Exposure of people to severe nOlse levels?
LIGHT AND GLARE. Will the proposal produce new
light or glare?
LAND USE. Will the proposal result in a
substantial alteration of the present or planned
land use of an area?
-4-
-I' "
PA"r I' -. -.,/7''-
L.r "' Vi '. ~ ~ ~ .-
'" - ~ r:::..-..:
~
II. ~~vIRO~~~NT_~ IMPACTS (See Part III for discussion of environ~ental
topics)
YES M-Zl.Y3E NO SO"lJRCE2
9.
X 1,2,3
x
1,2,3
NATURAL RESOURCES. will the
proposal result i~
use of any natural
a. Increase in the rate of
resources?
b.
Substantial depletion of any non-renewable
natural resource?
10. RISK OF UPSET. Will the proposal involve:
x
1/2,3
x
1,2,3
a.
A risk of an explosion or the release of
hazardous substances (includingy but not
limited to, oil, pesticides, chemicals or
radiation) in the event of an accident or
upset conditions?
b.
Possible interference with an emergency
response plan or an emergency evacuation
plan?
11. POPULATION. Will the proposal alter the location,
distribution, density, or growth rate of the h~
population of an area?
x
2
x
1,2,312.
HOUSING.
housing,
housing?
Will the proposal affect existing
or create a demand for additional
13. TRANSPORTATION/CIRCULATION.
result in:
Will the proposal
x
1/2/3
x
1,2/3
x
1,3
x
1,2/3
'.
2Re=er ~o appropria~e no~e on page a
a.
b.
c.
d.
Generation of substantial additional
vehicular movement?
Effects on existing parking facilities, or
demand for new parking?
Substantial impact upon existing
transportation and traffic systems?
Alterations to present patterns of
circulation or movement of people and/or .
goods?
) (] j:.]
PAGE-L Or{)\~)
-5-
.
.
.
~
It. ~NvIRONMENTAL TMPACTS (See Part III for discussion of environmental
topics)
YES ~~YBE NO SOURCE2
X 1,2,3
X
X
X
1/3
e.
Alterations to waterborne, rail or air
traffic?
X
1,2,3
f.
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
X
1,2,3
14. PUBLIC SERVICES. Will the proposal have an effect
upon, or result in a need for new or altered
governmental services in any of the following
areas?
a.
b.
2Refe= ~o approp~iate note on page B
x
1,2,3
X
1/2/3
X
1,2,3
X
1,2,3
a.
Fire protection?
b.
Police protection?
c.
Schools?
d.
Parks or other recreational facilities?
e.
Maintenance of public facilities, including
roads?
f.
Other governmental services?
15. ENERGY. Will the proposal result in:
1,2/3
1,2,3
Use of substantial amounts of fuel or energy?
Substantial increase in demand upon existing
sources of energy or require the development
of new sources of energy?
I ,-- ...v I
J '....I
I .
PAGE -2.- OF ~!. ./
r
-0-
--...
,
II. ~~vIRONM~NTAL IMPACTS (See Part III for discussion of environmental
topics)
YES ~~YBE NO SOVRCE2
16.
.
UTILITIES. Will the proposal result in a need for
new systems or substantial alterations to the
following utilities:
X 1,2,3 a. Power or natural gas?
X 1,2,3 b. Communications systems?
X 1,2,3 c. Water?
X 1,2,3 d. Sewer or septic tanks?
X 1,2,3 e. Storm water drainage?
X 1,2,3 f. Solid waste and disposal?
17. HUMAN HEALTH. will the proposal result in:
x
1,3
a.
Creation of any health hazard or potential
health hazard (excluding mental health)? .
Exposure of people to potential health
hazards?
X
1,3
b.
X 1,3 18. AESTHETICS. Will the proposal result in the
obstruction of any scenic vista or view open to
the public, or will the proposal result in the
creation of an aesthetically offensive site open
to public view?
X 2,3 19. RECREATION. Will the proposal result in an impact
upon the quality or quantity of existing
recreational opportunities?
20 . CULTURAL RESOURCES.
X
1,2,3
a.
Will the proposal result in the alteration of
or the destruction of a prehistoric or
historic archaeological site?
x
1,2/3
b.
Will the proposal result in adverse PhYSi~
or aesthetic effects to a prehistoric I
2Refer to approp~iate note on page 8
PAnE} I o~ ,;t~
'u~r~
....
.
.
.
.---,
II. ~NvIRON~~NTAL IMPACTS (See Part III for discussion of environmental
topics)
Y:SS JVL~l'BE NO SOURCE2
historic, or architecturally significant
building, structure, or object?
x
Does the proposal have the potential to cause
a physical change which would affect unique
ethnic cultural values?
1/2,3
c.
x
d.
will the proposal restrict existing religious
or sacred uses within the potential impact
area?
1/2,3
21. MANDATORY FINDINGS OF SIGNIFICANCE. .
x
a. Does the project have the potential to
degrade the quality of the environment I
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of California
history or prehistory?
1,2,3
x
b. Does the project have the potential to
achieve short-term to the disadvantage of
long-terml environmental goals? (A short-
term impact on the environment is one which
occurs in a relatively brief, definitive
period of time while long-term impacts will
endure well into the future).
1/2,3
x
c. Does the project have impacts which are
individually limited but cumulatively
considerable? (A project may impact on two
or more separate resources where the impact
on each resource is relatively small, but
where the effect of the total of those
impacts on the environment is significant).
1/2,3
x
d. Does the project have environmental
effects which will cause substantial adverse
1,2/3
'.
2Re=er to approp~iate note on page B
-\' -,
)l ' .,
.~ -'.
PAGE_ Or ):V'
-8-
-----.
II. ~NvIRO~~~NT~~ IMPACTS (See Part III for discussion of environmental
topics)
YES M..~YBE NO SOURCE2
effects on human beings, either
indirectly?
directl.
x
1,2,3
22. EIR REQUIRED BY STATUTE. Does the project
involve construction of any facility which burns
municipal waste or refuse-derived fuel? NOTE: If
the answer is yes, then an EIR must be oreoared
and certified under Public Resources Code Section
211S1.2(a) unless subsections (b) and (c) make
that section inapplicable.
'.
.
.
2Refe~ ~o app~op~iate note on page 8
PAGE Vb u.
)0;
.-=--J
.
.
.
--...
II. ~NvIROm~~NT~~ IMPACTS (See Part III for discussion of
environmental topics)
YES V~YBE NO SOURCE2
III. DISCUSSION OF ENVIRONMENTAL EVALUATION (See attached statement)
IV. DETERMINATION
On the basis of this initial evaluation:
X I find the proposed project COULD NOT have a significant effect
on the environment, and a NEGATIVE DECLARATION WILL BE PREPARED.
I find that although the proposed project could have a
significant effect on the environment I there will not pe a
significant effect in this case because the mitigation measures
described on an attached sheet have been added to the project.
A NEGATIVE DECLARATION WILL BE PREPARED.
I find the proposed project MAY have a significant effect on the
environment and an ENVIRONMENTAL IMPACT REPORT is required.
I find that State statute requires that an ENVIRONMENTAL IMPACT
REPORT be prepared and certified.
Q. 7-f~
Signature ~
Senior Planner/Zoninq Administrator
Title
Dennis Carrinqton
Printed Name
September 15, 1997
Date
(1) Determination based on location of project.
(2) Determination based on staff office review.
(3) Determination based on field review.
(4) Determination based on the City of Dublin General Plan.
(5) Determination based on the City of Dublin Zoning Ordinance.
(6) Determination based on Specific Plan.
(7) Not applicable.
( B)
jpaS7-023jinitial
2Refer to appropriate note on page 8
I) -t")
PASE ~ or >--:j
-10-
ISSUES FOUND NOT TO BE SIGNIFICANT
The following issues have been found not to be significant as indicated by a "No" response on the Initi.
Study checklist. The proposed Residential Care Facility will not produce significant adverse impacts D
the following reasons:
1. Earth, Water, Plant and Animal Life, and Natural and Cultural Resources: The project is a
residential care facility for twelve elderly persons in a remodeled single family residence in a developed
urban area. The remodeling of an existing single family residence is a ministerial permit and is exempt
from CEQA. The remodeling of the residence to add four bedrooms and two bathrooms and the addition
of six elderly persons to the six persons presently being cared for would not impact the earth, water,
plant and animal life, or natural and cultural resources on the project site. Therefore, as noted in the
Initial Study Checklist under the topic of Earth, items a through g will not be significantly impacted;
under the topic of Water, items a through d will not be significantly impacted; under the 'topic of Plant
Life, items a through d will not be significantly impacted; under the topic of Animal Life, items a
through d will not be significantly impacted; under the topic of Natural Resources, items a and b will not
be significantly impacted; under the topic of Cultural Resources, items a through d will not be
significantly impacted.
2. Air: It is not anticipated that the project will substantially deteriorate ambient air quality due a
trip to visit each of the six additional elderly persons on a daily basis. Such traffic would not add
significantly to the creation of objectionable odors or the alteration of air movement or the climate
regionally or locally. The project would not involve the emission of hazardous materials into the .
environment. Therefore, as noted in the Initial Study Checklist under the topic of Air, items a through d
will not be significantly impacted.
3. Noise: The project will not increase existing noise levels significantly or expose people to
severe noise levels. The residential care for elderly generates little noise. The bedrooms being added
are in the rear of the residence and noise impacts to neighbors will therefore be minimal. Therefore, as
noted in the Initial Study Checklist under the topic of Noise, items a and b will not be significantly
impacted.
4. Light and glare: The project will not produce new light or glare. the residence will retain its
residential appearance. No additional external lighting is proposed. Therefore, as noted in the Initial
Study Checklist under the topic of Light and Glare, the project will not produce new light or glare.
5. Land Use: The proposed residential care facility for twelve elderly persons will be located in an
existing single family home that is currently used as a residential care facility for six elderly persons.
The exterior of the residential care facility v.rilllook like a residential unit. The use will not alter the
planned land use of the neighborhood because sufficient conditions of the required Conditional Use
Permit will insure compatibility with the area. Therefore, as noted in the Initial Study Checklist under
the topic of Land Use, the project will not result in a substantial alteration of the present or planned land
use of an area.
6. Risk of Upset: The project will not involve a risk of an explosion or the release of hazardous .
materials since no hazardous materials will be stored or used on the project site. In addition, the project
v..rill not interfere with emergency response plans or emerge city evacuation plans since the project would
PAGEJO OF ;)?/
.
.
.
--.....
not physically impact adjacent streets in the event of an emergency. Therefore, as noted in the Initial
Study Checklist under the topic of Risk of Upset, items a and b will not be significantly impacted.
7. Population: The project will not significantly alter the location, distribution, density, or growth
rate of the human population of the area because the project will only add six elderly persons to an
existing residential area.
8. Housing: The project will not significantly affect existing housing, or create a demand for
additional housing because the elderly persons will be housed in an existing dwelling unit. No new
dwelling units will be demanded or created.
9. Transportation/Circulation: The provision of residential care for six additional elderly persons
at the residence will not result in significant impacts to the transportation and circulation system from
the generation of substantial additional vehicular movement, demand for parking, or existing traffic
systems, alterations to present patterns of circulation or movement of people and/or goods, alteration to
waterborne, rail or air traffic, or an increase in traffic hazards to motor vehicles, bicyclists or pedestrians
because little or no traffic will be generated. Therefore, as noted in the Initial Study Checklist under the
topic of Transportation/Circulation, items a and fwill not be significantly impacted.
10. Public Services: The project is a residential care facility for twelve elderly persons and, by its
nature, will not have a si.gnificant affect upon, or result in a need for new or altered governmental
services including fire protection, police protection, schools, parks or other recreational facilities,
maintenance of public facilities including roads, or for other governmental services. Therefore, as noted
in the Initial Study Checklist under the topic of Public Services, items a through fwill not be
significantly impacted.
11. Energy: Residential care facilities do not use substantial amounts of fuel or energy or result in a
substantial increase in demand upon existing sources of energy or require the development of new
sources of energy. Therefore, as noted in the Initial Study Checklist under the topic of Energy, items a
and b will not be significantly impacted.
12. Utilities: The addition of six adults to a residential care facility will not result in a need for new
systems or substantial alterations to power or natural gas facilities, communications systems, water
facilities, sewage facilities, storm water drainage facilities and solid waste and disposal facilities.
Tnerefore, as noted in the Initial Study Checklist under the topic of Utilities, items a through fwill not
be significantly impacted.
13. Human Health: The addition of six adults to a residential care facility will not create any health
hazard or potential health hazard or expose people to potential health hazards. Therefore, as noted in the
Initial Study Checklist under the topic of Human Health, items a and b will not be significantly
impacted.
14. Aesthetics: The project will not result in the obstruction of any scenic vista or view open to the
public, nor will it result in the creation of an aesthetically offensive site open to public view.
15. Recreation: The project will not result in an impact upon the quality or quantity of existing
recreational opportunities. Elderly residents will have minimal impacts on recreational facilities.
/pa97 -023/initial
ii ~\"l
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PA"l:C^ 0" -:;-:'..CJ
I ~1- -..:- r-..--
RESOLUTION NO: 97 -
.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
---------------------------------------------------------------------------------------------------------------------------
ADOPTING A NEGATIVE DECLARATION FOR PA 97-023
TURAN RESIDENTIAL CARE FACILITY
CONDITIONAL USE PERMIT
WHEREAS, Sandor and Anna Turan, submitted an application requesting approval of a
Conditional Use Permit for the operation ofa residential care facility for up to 12 elderly adults in the
R-I-B-E, Single Family Residential Combining District, located at 8521 Valencia Street, 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, an Initial Study was conducted finding that the project, as proposed, would not
have a signifIcant effect on the environment; and
WHEREAS, a Negative Declaration has been prepared for this application and is on file in the.
City of Dublin Planning Department; and
WHEREAS, the Planning Commission did review and use their independent judgment to
consider the Negative Declaration at a public hearing on October 14, 1997; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby fmd that:
A. The Turan Residential Care Facility Conditional Use Permit project will not have a
significant effect on the environment based on review of the Initial Study and public testimony.
B. The Negative Declaration has been prepared and processed in accordance with State
and local environmental laws and guideline regulations.
C. The Negative Declaration is complete and adequate.
.
EXHIBIT C-
PA"":" 0'" ~tJ . .
. \JI: 2:::::::.. r ~- U
.
.
.
NOW, THEREFORE BE IT FURTHER RESOLVE THAT THE Dublin Planning
Commission does hereby adopt the Negative Declaration for PA 97-023, Turan Residential Care
Facility Conditional Use Permit Project.
PASSED, APPROVED AND ADOPTED this 14th day of October, 1997.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Community Development Director
(g: \par.'"\1997\023\NDreso)
-)}
PA8ECi::) OF r:?P)
D.
E.
RESOLUTION NO. 97-
A RESOLUTION OF THE PLAN1\'lNG COMMISSION
OF THE CITY OF DUBLIN
.
------------------------------------------------------------------------
APPROVING P A 97-023 TURAN RESIDENTIAL CARE FACILITY CONDITIONAL USE
PERMIT REQUEST TO ALLOW THE OPERATION OF A RESIDENTL.\L CARE FACILITY
(COMMUNITY CARE FACILITY) IN AN R-1, 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-1, 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.
B.
The proposed use is required by the public need because of the need for residential care facilities
for the elderly.
c.
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.
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 , I .
improvements in the neighborhood, as all applicable regulations will be met. PAGEr:)L! O~
1
EXHIBit D
.
.
F.
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:
COl\TJ>ITIONS OF APPROVAL:
Unless stated otherwise. all Conditions of Approval shall be complied with prior to final parcel map
approval. and shall be subiect to Plannin2: Department review and approval. The followin2: codes
represent those departments/a2:encies responsible for monitorin2: compliance of the conditions of
approval. fPLl Plannin2:. [Bl Buildin2:. ["POl Police. fPW) Public Works. rPRl Parks and Recreation.
rADMl Administration/City Attorney. rFINl Finance. [Fl Alameda County Fire Department. rDSRl
Dublin San Ramon Services District. rCOl Alameda County Flood Control & Water Conservation District
(Zone 7):
Community Development
1. 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]
2. 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 anyone 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:
2
PASE d5 OF~
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 ofproject 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:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Eddie Peabody, Jr.
Community Development Director
g:\pa97023\cupres
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Written Statement,
.
a. 8521 Valencia Street is our residence. We are operating
a Boarding Home Care for the elderly from our home. At
this point we are licensed for six elderly persons, but
would like to expand our home by adding more rooms. This
would allow us to bring more elderly in specifically
six more persons.
b. This is a family - operated business and our family will
provide the care.
c. This is a 24-hour operated business.
d. This business targets to help the elderly (65 and older).
e. Providing assisted-living to the elderly which is a need
in our community, is the main goal of this business.
f. It very unlikely this business will disrupt the surranding
residents. This is a very low activity business..
g. This business will have no negative effects on the health .
or safets of people residing/working in the vicinity. On
the contrary the business offers positive effects on health
and safety.
h. For transportation, a personal vehicle will be used for
doctor checkups.
j. There are no hazardous waste and substances site.
.
ATTACHMENT ~ ~;~f~~~0~
PAGEJBOFd-[OOBUN PlANNlNG
. PA L,"1n JUIVn
;"9 A r~gular meeting of the City of Dublin Planning Commission was held on T;e~y, October 14, 1997, in the
Dublin Civic Center City Council Chambers. The meeting was called to order at 7:00 p.m. by Chairperson
Jennings.
.
* *.* * * * * * * *
ROLL CALL
Present: Commissioners Jennings, Johnson, Oravetz, and Hughes; Eddie Peabody, Community Development
Director; Jeri Ram, Associate Planner; Jerry Haag, Consultant Planner and Gaylene Burkett, Recording
Secretary.
Absent: Cm. Musser
**** * *****
PLEDGE OF ALLEGIANCE TO THE FLAG
Cm. Jennings led the Commission, Staff, and those present in the pledge of allegiance to the flag.
**** * *****
ADDITIONS OR REVISIONS TO THE AGENDA
. The minutes of the September 23, 1997, meeting were approved as submitted.
**** * *****
O~AlCO~CATIONS
None
**** * *****
,VRIITEN COMMUNICATIONS
None
**** * ****
PUnLIC HEARING
8.1
97-023 Turan Residential Care Facility A Conditional Use Permit for a residential care
facility in a remodeled single family home located at 8521 Valencia Street, that 'will have a
maximum of 12 elderly adults. The residential care facility currently being operated in this
residence by the applicants houses 6 elderly adults. The Center will operate 24 hours a day, 7
days a week.
.
October 14, 1997
. . Regular Meeting
[10-14]
88
EXHIBIT 2
3D Cm. J elli-llngs asked for the staff report.
Jeri Ram, Associate Planner, gave the history of the project. The Turan's are currently operating a residen~
care facility for six elderly adults. She stated the project was to .expand the operation to twelve elderly aduW
She stated that the Turan' s would be expanding into the rear of their lot. The addition is consistent with the
Zoning Ordinance and the General Plan. She stated that the Turan's have operated a dental lab since August of
1996 however with the expansion, the Fire Department has stated they could not operate a dental lab andl1ave
the residential care facility. The Turan's have agreed not to run the lab. The fITe department has put a condition
that if they are to operate with more than six people, they would have to increase the type of construction to
bring it up to a different type of occupancy rating. She stated that Staff recommends approval of the project.
Cm. Hughes asked if this type of business was regulated by the state
Ms. Ram stated yes, but with six or less, the City does not regulate. If they request to seven to twelve then it is
licensed by the state and they have to follow certain guidelines.
Cm. Hughes asked if the state had approved the twelve senior citizens.
Ms. Ram stated that the Turan's would have to bring in the state license before they could have occupancy for
up to twelve people.
Anna Turan, stated they currently have four elderly living in their home. They wanted to expand to twelve. She
stated that the City was the fITst step in getting approvals.
Cm. Hughes asked if they presently had four bedrooms and they were planning to add four more bedrooms.
1 'li bathrooms.
Ms. Turan stated yes, that they would have a total of 8 bedrooms and 3'li bathrooms.
Cm. Oravetz asked the age requirements for the elderly.
Ms. Turan responded 65 and over.
Cm. Oraveti asked if she talked to her neighbors about tllls expansion.
Ms. Turan responded yes, and almost everyone supported it. There was one person on Galindo who did not like
the idea.
Cm. Oravetz asked the type of clients they would be taking care of.
Ms. Tlli'"Qll said their clients are 65 and older and cannot take care of themselves in their ovm home.
Cm. Oravetz asked Ms. Ram if a condition was placed for only 65 and older.
Ms. Ram stated that the facility was only for elderly, and that 65 and older was considered elderly.
.
" Regular Meeting
[10-14]
89
October 14, 1997
~I Cm: Johilson complimented Ms. Turan on the appearance of her home. He stated it was well landscaped and
was-one of the nicer looking homes on the block. He asked if she had any Alzheimer patients?
.
Ms. Turan said she had one lady in the early stages of Alzheimer, but she has been medicated to control it.
Cm. Johnson asked if she had a nursing background or did the state require a medical background. '-
Ms. Turan said no, but she did have to take a test.
Cm. Jennings asked if they plan to hire additional staff.
Ms. Turan said that she has two daughters that help out. They may hire more help for the weekends. She stated
that the state requires one adult for six people.
Alex Turan, the applicant's son, asked about the name filed with the City. The City has the pame Turan Elderly
Care. He stated it was currently registered as Villa Dublin Home Care. .
Ms. Ram asked that the applicant to send a letter to correct the name.
Karen Hammer, 8508 Valencia Street, stated she discussed this with other neighbors, and they have some
concerns. The value of their homes was one concern. The neighbors were also concerned if the Turan's move
or sell their home, what kind of facility would move in there. Another concern was the added patients may
cause more traffic, the possibility of ambulances, and added noise.
. Cm. Jennings asked about the ambulances.
Ms. Turan stated that they have never called for an ambulance; however, any house could call an ambulance in
case of emergency.
Cm. Jennings asked how many patients they currently have.
Ms. Turan responded that they have four people since February, 1997.
Cm. Jennings asked about having a conditional use pemiit, and selling the house.
Ms. Ram stated that the conditional use permit will allow care for the elderly only at this location.
:Mrs. Hammer stated that it was still a concern that the noise could increase. She asked if her property value was
going to go down.
Cm. Jennings stated her experience was that it would not lower the property values. The addition would not be
seen from the street.
Cm. Oravetz asked Mrs. Hammer if she was speaking for herself or other neighbors.
. Mrs. Hammer responded that she was speaking for herself.
October 14, 1997
:. Regular Meeting
[10-14]
90
JI-- Tom Scanlon, 8492 Valencia Street stated he lives across the street from the Turan's. He used to live on the
,
other side of the bay, and the house was sold and the area eventually turned into a residential care facility: He
feels that this project was a commercial business and should not be in a residential area.
Bob 1~iller, 8526 Val~ncia S:z-eet, stated he had concerns about the use for the area He complimented the
Turan's on how beautiful theIr house was. . _ '_
Cm. Jennings asked if more and more applications came in for that use on that street, would that be taken into
consideration.
Ms. Ram stated they would bring that to the Planning Commission's attention, and it would be up to the
Planning Commission if they wanted to allow other uses. If the home care was for six or fewer, Staff would not
know.
Cm. Johnson asked if there was a way to find out how many residential care units were in Dublin.
Mr. Peabody stated the state may have those records available.
Cm. Johnson stated the state was encouraging this type of facility in residential areas.
Mr. Miller asked if the Turan's planned to buy the homes on each side.
Ms. Turan stated no.
Cm. Hughes stated the policy in the state of California was to encourage day care and elderly facilities to b.,", .
residential neighborhoods; he felt there was a great need for this type of facility. The concerns were simil~
those of a day care facility. .
Rick Hansen, 8503 Valencia commented on the work done to the house, and the improvements to the
neighborhood was appreciated. He stated that the Negative Declaration stated there was not much traffic; his
grandmother was in this type of facility and was visited regularly by the family. He stated that the increase
from six to twelve patients would increase the amount of traffic. He asked if there was staff on hand twenty
four hours for these patients. He asked if this was the first of this kind to come before the Planning
Commission.
The Commission all agreed it was the first
WIT. Hansen stated that if this was true, this was the direction the Planning Commission was heading. He stated
that he was for elderly care, but in moderation.
. Cm. Oravetz asked ifhe lived neA'1 door to the Turan's.
Mr. Hansen stated he owned the property neA'1 door, but the house was a rental.
Cm. Oravetz asked ifhe visited his .grandmother in this type of facility.
.
. '. Regular Meeting
[10-14]
91
October 14, 1997
)) Mr: Hfu"1Sen stated that if one visits the facility, he would say the maximum level of parking was four cars
wit.lmut using the garage. He stated he was not opposed to the operation now; his concern was increasing from
six to twelve.
.
Cm. Hughes asked ifhe had any complaints or observations with parking.
Mr. Hansen stated there was unfamiliar cars in front of the neighbors house.
Cm. Hughes asked in terms of this particular resident, was there an increase in parked vehicles.
Mr. Hansen stated that there was a parking problem throughout the neighborhood. His concern was that there
was only four elderly there currently, but the Commission was opening the door to twelve.
Cm. Hughes stated that his concern was the trend in this country was to take the elderly, place them in a facility
much worse than this and then forget about them. He felt maybe the potential for lots of tr'!ific would not be
that great .
Cm. Johnson stated he has had experience visiting an aging relative and during that time, there has never been a
lot of cars. He felt the Turan's home care was an excellent facility for people who need assistance.
Cm. Hughes asked the applicant if they would be living in the residence, and how man;: vehicles would be
there.
.
Ms. Turan responded yes, they would be living there and ~ey have two vehicles.
Cm. Hughes asked how many visitors have been to the house since February.
Ms. Turan stated that some family only visit once a month and some visit once a week. She stated that a nurse
. might be there twice a week, if one of the patients comes back from the hospital.
Cm. Johnson asked if they are using the garage for anything else.
Ms. Turan said no, they could park their cars there.
Cm. Oravetz asked if they had set visiting hours.
Ms. Turan stated that visiting hours were from 10:00 a.m. to 6:00 p.m.
Cm. Jennings asked if there was parking anywhere else other than the driveway.
Ms. Turan responded the driveway and the garage.
.
.Alex Turan responded on some issues brought forward; he stated that he did the accounting for this facility, and
he does it for four other facilities in Dublin. He stated that the nurse visits were limited to about 15 minutes,
and they may employ one person to watch the patients while they were out. The parking issue has never been a
problem.
'. Regular Meeting
[10-14]
92
October 14, 1997
JI Cm. Jennings asked if any of the other facilities have more than twelve in one house.
Mr. Turan stated no.
Cm. Oravetz asked instead of twelve, why not go to eight.
e
Mr. Turan stated it was better to go to twelve long term. Many people prefer to put their parents- or .grandparents
in this type of facility where the care is better, and the neighborhood is better.
Cm. Oravetz asked why not start at eight and slowly increase it little by little.
Mr. Turan stated he felt is was not a good use of Planning Commission time and neighbor time. He wanted one
build-out at a time, instead of piece by piece. They did not want to add a large addition and not know if it
would be approved down the line. The construction and cost would be minimized.
.'
Cm. Jennings closed the public hearing.
Cm. Hughes felt there probably will be some increase in traffic; however he believes it was a compatible use,
and any type of use would be a minimal inconvenience. He felt any problems would be outweighed by the
conveniences. He felt the Planning Commission's duty was to look at the proposal fairly, and he felt it was
compatible. He supports the project and feels it should be approved for twelve patients.
Cm. Oravetz stated that he has traveled that street quite a bit and it is like driving down a mine field. With the
added facility he did not think Valencia Street in Dublin could handle this type offacility.
em. Johnson felt the fucility was as good on that street as it would be on any street in that area of Dublin Hee
felt the location looked good with the large backyard and to stop at eight would not be adequate from a financial
stand point. He stated that there was a definite need for this type of facility and they should be allowed to go to
twelve.
Cm. Hughes felt the duty of the Planning Commission was to look at the compatibility of the project and not
how property values would be effected. He does not believe that this type of project would decrease the
property value for the area. \\Then some one adds this type of addition, property values would increase.
Cm. Oravetz asked who would have to disclose the facility was there when they went to sell their house.
Cm. Jennings stated anvone who lived within a ten block area.
~ ~
Cm. Jennings asked if there were parking complaints for the area.
Ms. Ram stated they were public streets and as long as they park legally, cars can part anywhere on the street.
IVlr. Peabody stated that the project was for a Conditional Use Permit. If there was a problem, it could be
brought back before the Commission. The streets are public streets and unless there was a nuisance we would
go out and talk to the neighbors to try to find out what the concerns were.
e
'. Regular Meeting
[10-14]
93
October 14, 1997
'35 On motion by Cm. Hughes, seconded by Cm. Johnson and with a vote of 3-1-1, with Cm. Musser absent and
Cm:Oravetz opposed, the Planning Commission adopted,
.
.Kt;~ULu 1101< NO: 97 Zg
-
ROVING P A 97-023 TURAN RESIDENTIAL C.ARE FACILITY COl\TDITIONAL USRPERMIT
REQ ST TO ALLOW THE OPERATION-DF A RESIDENTIAL CARE FACILITY (COMMUNITY
C FACILITY) IN AN R-l, SINGLE FAMILY RESIDENTIAL ZONING DISTRICT AT 8521
VALENCIA STREET
8.2
P A 7-019, Park Sierra Apartments A Mitigated Negative Declaration has been prepared for
this oject. A General Plan Amendment to change the land use designation from "Medium
Densi esidential" to Medium-High Density Residential," a zone change to "Planned
Develop nt-Medium High Density Residential," and Site Development Rey!ew for a 209 unit
apartment oject on 8.9 acres of land.
Cm. Jennings asked for the s
Jerry Haag, Planning Consultant, ve a history of the project. He stated this project was discussed at a study
session on September 23, 1997. He tated that Shea Properties was requesting three approvals from the City.
The General Plan Amendment to chan e the General Plan designation on the site from medium to medium high
density, a rezoning to the PD district, an the Site Development Review approval. He gave the specifics of the
project, number of units, number of par " spaces, unit composition, etc. Since the study session, the applicant
. had addressed several of the issues of conce mainly the landscaping has been increased, access to the site
would be off Dougherty Road with two emerg cy access points, and a third vehicle access to the rear. A new
traffic signal would go in on Dougherty Road an be partially paid for by this applicant. A letter was received
by MCE who stated they start their equipment earl in the morning and had concerns on noise and felt people
would complain to the police. Disclosure would be quired to the tenants to notify them that there could be
noise. In order to midigate this issue, a twelve foot su tantial sound wall would be placed
Cm. Oravetz asked where MCE was located.
lvir. .Haag showed Cm. Oravetz where MCE was located un the
Don Gause, Shea Properties, addressed the concerns expressed at th tudy session. They prepared two new site
plans. Landscaping and open areas were addressed; the trees between e buildings would provide separation.
He stated that the architects. were available if there was any questions.
. Cm. Oravetz asked if they considered changing the gate leading on to Sierra urt to be an enter and exit type
gate.
94
:Mr. Gause stated they still preferred it to be an exit only, and they have the support
He stated they could amend it to go both ways in the future if there was a problem.
. Cm. Johnson asked if there was going to be development to the north of the project.
. . Regular Meeting
[10-14]
October 14, 1997
~
RESOLUTION NO. 97 - 19
.
A RESOLUTION OF THE PLANNING COM:M1SSION
OF THE CITY OF DUBLIN
---------------------------------------------------------------------------------------------------------------------------
ADOPTING A NEGATIVE DECLARATION FOR P A 97-023
TIJRAN RESIDENTIAL CARE FACILITY
CONDITIONAL USE PERMIT
WHEREAS, Sandor and Anna Turan, submitted an application requesting approval of a
Conditional Use Permit for the operation of a residential care facility for up to 12 elderly .~u1ts in the R-
1-B-E, Single Family Residential Combining District, located at 8521 Valencia Street, 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, an Initial Study was conducted fmding that the project, as proposed, would not
have a significant effect on the environment; and
WHEREAS, a Negative Declaration has been prepared for this application and is on file in the
City of Dublin Planning Department; and
.
WHEREAS, the Planning Commission did review and use their independent judgment to
consider the Negative Declaration at a public hearing on October 14, 1997; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby fmd that:
A. The Turan Residential Care Facility Conditional Use Permit project will not have a
significant effect on the environment based on review of the Initial Study and public testimony.
B. The Negative Declaration has been prepared and processed in accordance with State and
local environmental laws and guideline regulations.
C. The Negative Declaration is complete and adequate.
.
EXHIBl'l'M 3
.
.
.
--..
,1
NOW, THEREFORE BE IT FURTHER RESOLVE THAT THE Dublin Planning
Commission does hereby adopt the Negative Declaration for PA 97-023, Turan Residential Care
Facility Conditional Use Permit Project.
PASSED, APPROVED AND ADOPTED this 14th day of October, 1997.
AYES:
NOES:
ABSENT:
Cm. Jennings, Johnson, Hughes
Cm. Oravetz
Cm. Musser
Planning Commission Chairperson
A TIEST:
Community Development Director
(g:\pa#"\1997\023\NDreso)
31
RESOLUTION NO. 97 - 20
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
.
APPROVING P A 97-023 TURAN RESIDENTIAL CARE FACILITY CONDITIONAL USE
PERMIT REQUEST TO ALLOW THE OPERATION OF A RESIDENTIAL CARE FACILITY
(CO:MM:UNITY CARE FACILITY) IN AN R-1, 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-1, 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
'\VHEREAS 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 TIL-\T 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.
B. The proposed use is required by the public need because of the need for residential care facilities
for the elderly.
C. 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.
D. The approval of the application is consistent vlith the intent/purpose of Section 8-94.0 Conditional
~. .
E.
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.
l EXHIBIT
.'
----,
.7' F.
The proposed use will not be contrary to the specific intent clauses or performance standards
established for the District in which it isto 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 P A 97-023 Turan Residential Care Facility Conditional Use Permit as generally
depicted by the staffreport 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
anproval. and shall be subiect to Planning Department review and aoproval. The folIowiml. codes
renresent those departments/agencies responsible for monitoring compliance of the conditions of
apDfoval. rPLJ Planninll. rBl Buildinll. rPOl Police. [pWl Public Works. rPRl Parks and Recreation.
rADMl Administration/City Attornev. fFINl Finance. rFl Alameda County Fire Department. fDSRl
Dublin San Ramon Services District. rCOl Alameda County Flood Control & Water Conservation District
(Zone 7).
Community Develooment
.
1. 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, P\V, PO, Z7, DSR, PL]
2. 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 anyone 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 fmal occupancy, the applicant shall:
2
'/D 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 ofproject 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
Planning Commission Chairperson
ATTEST:
Eddie Peabody, Jr.
Community Development Director
g:\pa97023\cupres
.
3
.
.
.
~ 1- NOW, THEREFORE BE IT FURTHER RESOLVE THAT THE Dublin Planning
Commission does hereby adopt the Negative Declaration for P A 97-023, Turan Residential Care
Facility Conditional Use Permit Project.
PASSED, APPROVED AND ADOPTED this 14th day of October, 1997.
AYES:
NOES:
ABSENT:
Cm. Jennings, Johnson, and Hughes
Cm. Oravetz
Cm. Musser
Planning Commission Chairperson
ArrEST:
Community Development Director
(g:\pa#\1997\023\NDreso)
L/J-.
Rick Hanson
P.O. Box 2921
SanRamon, CA 94583
.
Kay Keck, City Clerk
City of Dublin
P.O. Box 2340 .
Dublin, CA 94568
RECEIVED
OCT 23 1997
CITY Of DutjLIN
Dear Kay
I would like to appeal to the City Council the October 14, 1997, decision by the Planning
Commission approving the Resolution # 97-023 Negative Declaration and the Conditional Use
Permit. I don't feel the Planning Commission represented the City's best interest with their
decision to approve the enlargement of the existing elderly care facility, located at 8521 Valencia
Street from a maximum occupancy of 6 to 12 occupants in the residential neighborhood.
A list of concerns include:
The current six resident facility has only been in operation for eight months with never .
more than four residents at anyone time. 'What does the City really know about their
operation and its impacts?
The size of the proposed business will not complement this residential street location.
How can the residents or the commission foresee parkirig and traffic issues when
comparing to days operation (4 residents) with the proposed 12 residents.
The potential increase emergency vehicle activity in this residential neighborhood.
The proposed addition adds 4 bedrooms, totaling 616 sq ft., to the existing 1400 sq ft.
structure (two 9x9 & two 9x11). This totals approximately 2150 sq ft. with 8 bedrooms
for 12 elderly residents to share with required 24 hour staff
-
An eight bedroom 2150 sq ft. home effectively terminates permanently the residential use
and will only encourage similar businesses should this one fail or lose its conditional
permit.
The enlargement of the facility from 6 to 12 residents forces neighbors to disclose the
business when selling their own home.
There is a potential decline in property values because of a business of this size located in .
the neighborhood.
EXHIBIT ~
.
.
.
yj
This is primarily a single-family residential neighborhood with many small children.
Currently their are 11 children living within a 150 foot radius ofthe proposed facility.
Existing parking on this street allows for two vehicles per home without blocking a
driveway. Many of the neighbors currently park their own vehicles on the street.
The Planning Department confirmed this is the first request of an elderly care facility to enlarge ill
a residential neighborhood. I am requesting your review because I feel it is important that we
evaluate all of the impacts thoroughly before placing any Dublin neighborhood at risk. I also feel
that there are better locations in Dublin, with less impact to residential neighborhoods for these
types of operations. Please understand I am not opposed to the existing limit of six residents,
my concern is in allowing a business to expand, which requires over-building for the residential
neighborhood. Also, this facility has only been in operation for eight months hever opemting at its
current limit.
Sincerely yours,
~~
Rick Hanson
RESOLUTION NO.
'1'1
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
.
---------------------------------------------------------------------------------------------------------------------------
AFFIRMING THE ACTION OF THE PLANNING COMMISSION RELATING
TO PA97-023 TURAN RESIDENTIAL CARE FACILITY NEGATIVE DECLARATION
AND CONDITIONAL USE PERMIT TO ALLOW A MAXIMUM OF 12 ELDERLY
RESIDENTS 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 public hearing on said application and Negative
Declaration on October 14, 1997;
WHEREAS, the Planning Commission, at the conclusion of a duly noticed public hearing .
approved the Negative Declaration and Conditional Use Permit by adopting Resolutions 97-19 and 97-
20; and
WHEREAS, Mr. Rick Hanson of San Ramon, has appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
WHEREAS, the Staff Report was submitted recommending that the City Council make a
determination on the appeal based on the provisions of the Appeal Chapter of the Zoning Ordinance;
and
WHEREAS, the City Council did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment to evaluate the project.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby
fmd that:
A.
The Negative Declaration is adequate and in compliance with State law; and
.
B.
The proposed use is in the best interests of the public health, safety and general welfare.
c.
The proposed use is required by the public need because of the need for residential care facilities
for the elderly.
EXHIBIT ~
.
.
.
.1/3
D.
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.
E.
The approval of the application is consistent with the intent/purpose of Section 8-94.0
Conditional Uses.
F. 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.
G. 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.
H. The appeal of the action of the Planning Commission was in accordance with the ~ppeal
provisions of Chapter 8.136 of the City of Dublin Zoning Ordinance.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby affIrm the
action of the Planning Commission at their October 14, 1997, public hearing on PA 97-023,
approving a Negative Declaration (Resolution No. 97-019) and a Conditional Use Permit (Resolution
No. 97-020) for the Turan Residential Care Facility .
PASSED, APPROVED AND ADOPTED this 18th day of November, 1997.
AYES:
NOES:
ABSTAIN :
Mayor
ATTEST:
City Clerk
PA97-D23\ccresl
f/~
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
.
---------------------------------------------------------------------------------------------------------------------------
REVERSING THE ACTION OF THE PLANNING COMMISSION REGARDING
PA97-023 TURAN RESIDENTIAL CARE FACILITY NEGATIVE DECLARATION
AND CONDITIONAL USE PERMIT TO ALLOW A MAXIMUM OF 12 ELDERLY
RESIDENTS 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 public hearing on said application and Negative .
Declaration on October 14, 1997;
WHEREAS, the Planning Commission, at the conclusion of a duly noticed public hearing
approved the Negative Declaration and Conditional Use Permit by adopting Resolutions 97-19 and 97-
20; and
WHEREAS, Mr. Rick Hanson of San Ramon, has appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
WHEREAS, the Staff Report was submitted recommending that the City Council make a
determination on the appeal based on the provisions of the Appeal Chapter of the Zoning Ordinance;
and
WHEREAS, the City Council did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment to evaluate the project.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby
find that:
.
A. The Negative Declaration is adequate and in compliance with State law; and
1
EXHIBIT 6
.
.
.
t/1
B.
The proposed use is required by the public need because of the need for residential care facilities
for the elderly.
Coo
The approval of the application is consistent with the intent/purpose of Section 8-94.0
Conditional Uses.
D. The proposed use would not be appropriate in this location because it would be in the center of a
busy residential area that is already congested with traffic and parking. The proposed use would
generate too much traffic and cause parking problems in an area where problems already exist.
E. The proposed use would adversely affect the health of safety of persons residing or working the
vicinity, and be materially detrimental to the public welfare or injurious to property or
improvements in the neighborhood because of the increased traffic and parking problems that
would be caused by the use.
F. 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 proposed use would not be in the best interests of the public health, safety and general
welfare for the reasons indicated under items D and E, above.
H.
The appeal of the action of the Planning Commission was in accordance with the appeal
provisions of Chapter 8.136 of the City of Dublin Zoning Ordinance.
BE IT FURTHER RESOLVED THAT THE Dublin City Council based on the findings
indicated above, does hereby reverse the October 14, 1997, decisions of the Planning Commission,
Resolutions No. 97-19 and 97-20.
PASSED, APPROVED AND ADOPTED this 18th day of November, 1997.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
G: \P A97 -023\ccres2
2
T-971 P-002
OCT 29 '97 09:38
I;
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s72i9:~RECORD~: " 87219' ~. !'iANOF OPERAUON' .'. :".. .mn' ..... . .~t
"'c;LE~CE{COntinued) .' . .' . .... ,..' . ..'~f
..' .... ".::' : ..: ::"...:'.. .,:: . ': ...., ::> '.. .' .-' ....... (a) F2ch f8cility shan haVe and ~tiUn a'cmrent,'" t~
. ..' . "~:Z~;:;:~o:5~: ;. :f=:=:e~t:':;=:-~~=.::" . ';'fr'
.' .' .......: . . ..:.. . '. ...... . ;. : : be' .sUbmitted to. the licensing agenCY With .th~dicense '.' . .., .< It
. "__ -:". ' : .11.':. ~. ~e offense'defined.in ,'. application.' 'Any.:signifi~t 'c~"in the 'pian of . : . ~
. ;:,,:', ': ,u!>dh'~iOn <aj of Soc.tioD 289 ~on ~hiCli woUld aifi:Ct !lie' Seiyiee. t<i r.esidenis'. '.' .;.. ~ ...
. _ ....:.. :where ~ act is accomplished. : ~'be subrilit;ted to the licenS~ agency' for' approval. : . It
. . .":" 'ilgamst the viCtim'. Will.by .The pl:m' and ieiated ~. Shan Containtbe.. " r ::
. .., .., .... . . foree, . violence, ': duress, :: . following:: ..... ". :. :. . :......: ..' .~ ...... : "': .'. '. t
.. ....: -... . .~'. 'memice, or fear of immediate. .' . .... >. /":.' . . ..... . ': jf :.
: , :.... . ~d uDlaWful. bOdily injury ~n ". ..: (1) '. .-:. s~~t o~ ptirpo'~ and ''p~ognni1'' /....l :.
, ....:.: -the viCtim Or.anothe:i person' . '. g~,"' ' ." . .,,~. -. '. .' .. .' '. ii-
.. .: :. .... _. ,. . " . ":: . .. . . ...... . . n.. .
.~. :;.,.~~::.::i.i;. A~ronr~er.' .' '. ". . 52)<,AcoPrO{~~dmi~.~'" .' .:,j!..
.:." .' ::-~.': ":'. . '. .'. .....:. .' ..... . ~ntnmng baS~c.an~ optional ~rv1ces... :. '.:':.: l~:
. . ..:.. .' ... <. 'RANDBOO~ ENIlSm:<<E. '. '. . .. '.' .' ... : .'.:' ,'. ..' · : ,,:: · <<;;'::.: .... .... .>.:;:-' .... . ..:t. '.
'. ,{h);Thi~.toi~~.on~.b.Ube ;. .'. .' ~~;::.::::nor~:: ':., If
iD. writirig and kept by the Ucehsing' agency. -.... ...... '. :services: '-",'::>.' :. .' .::'., :-.. .;' . . ..' .., . .::- ~ .
N~ri! imho~ly ci~:<~;,;fi5~,~:'~";th~" ;""(4; ': .dm~v~ ~j;a~o': :' ',' .... ,'. .:: 1<'
.' Safety. Coo.e. RererenCe::"seerlon 1569~17,-Hea1th'and' . :::~: .-.- - .'.:.'; .: .. 't. ..:: '.:'. ;....... ':. .. .;.............:,.'. .: . ..>
.>~Code;~~d~tion:4iOO~;.Yehic1eCOde.", ..:.... ._'~.' '.. ."(5)':::::: S~g'phui...qtialifi~o~'~dutieS. '. '.' ,..If.'':'
. ,y5: ):':k:'~':\;~ .;~~;<: ~~:7 ',::; ." ... ... '.. .~.. ;. .:\ .'L(0=L~~;;;':~ '~;iWfi'{~ 'u:." '. ,'. " II!!.
'~}~~;~~;', ;.'<' . .~..~j: ..,:>;:~by;s!~:, g75f:~',:.'::'" '., '.' :,\;:< ..:.;:.. ',> . .... '.' 1i "
: '~(a) .;.:7~','.A1l;futiliti~:..~Sh.a.11' ~.:~:fire '~leaiaDte . .':'::;, '. Ttrj.. ;:-.A.'.sketCh ;.:of: $.e bmlding(s)\';tO'.be : ... '~::' ~':..:r
.... approved' by: 'ihe city' 'oi~~Co1ritty fire :aepaittDent,"'tb.~. ;'.. <::'..:: .:, ,::-:oCCtipied,~:.~,"mclUdllig'''i'a :.~ '~ooi::;:pian': ~Which"-' :. .' . <\. t.;}
: d~iric(priiVi~hig~ pr~n~,oi:the stare "', _ :;~the ~~f ~bDil~ -f';t1i~ ..:' :1' f' i~
.:F1.~M~~:.~r..:~~~~.~y~f'~ef~l1~g: .':<:. .:,;~~:.~:~_a'desl~tI~~~f~e'~O<?~.to~:., . '.,/: I,':;
t:ypeS.of~~, ;~e' appl1~ or. hc~ee shall nqtify-:..:...~ . :",-':..'{':"~ forno~ ~ldents.'.ai:1d.~ ~etch .:..... .. . ';:~ I' ..'~
.-th~. ~~'..~~y ~ C?btain ~ :app~op~te fu~' . :"J;.:::of.~~ .groui1~..'sh:~wi?i~~~~ings~. ~ewa~s,: .' '-'. .~: I"';',
c1~,":~ved . by .:the<citY: or. "'county fire. ':'.': ".' l~ .' fences, .~. .~rage.:.:'.~;' ..pools. ,~:'garde:liS...:. '." ..:..
....d~.~:.}~.e:.~.~~t j>r~iding..fire 'proteciio~.:...., . ...-::.r~.r~?on.'~'.~4:other::spa~..~ b~.:~.: <It-;.
sem~.;".or::.the: State :frre.}4arshal. thro~gh.~.the :.' .... _~Jdents.. AlIsketchesshall.sho'Y~O:OS;:...... :'." \".
. '::~0r~'~;;;>',:.;';/; ,::;:.' .;: · '. ':~';;i~:...:'):,~}:,/ --..,:;; ~:'>5.'~ij~::~f';:\) '?:.:,.... .,~ i;:.
, .. . ... ~ .(1).. . '. .PersOns over,65 years of.age. ..... .: " . . .... '. . ..... .... ......: "'...',.- '-', ". -. . .
'.' . .......... :,./ "~~t;~ <"i.< ' '. .. .. ." ,.. . '.: ,,: .' :'; ~.' :,:t~,'\;:> ..... : ..... .. .< 3Y;:>:>,.' :~i;:
. .' .-(2) . NonIDnbUlatorypersons ..' .. u' . . .... ... ........ . .. '- .. ",yT. ". "'.' .l.
.: ..... :: '<;, :. .,.': ..:. ':"" .... '........ 'i ...... ,.' '. '{:;',"~: :', : ' ,;:3,,' ,';'}f:<~~,,;' '.', ". . '. ':'
NOTE; ~onty CIted... S~on 1569.30, Health and . .' . .... . . ." .,... .... " - ,'. ,'....... ..... ........... . '. . - ",
.""..:SafetYtode~.'Re:rererr.,e;: Seetions.1569:2,:156930aIid.......::'..: '. ':'. '., ... ':-<:'."::"."'. ..... .... ....:. ~..~.-::>:'..' . :...: . :.";~
.. ".1569.312; H~th'and'SaretY cOde.':. >.;::.' <.,:': '.: :..... -....:.: ::' .,< ~;. .'>:':::'::e.'-:'x' .....H.. "..B':" 'IT: .:....7: .~> .:'~.-,,; ,'.::' '.-'
'. ...' ..(..::..::.::-':':.:.....~ ......;..::.. .,,~'. ...........-..2....9....-..: :.<'::';','>':<:.~. .......-..: ').:. :':::'.'::> .....:...... .
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.:-:.... : :....~.~..:.:... :.....: :.:..:.....:-.;-.:::' ......,.. : :....... .". .... .......' .. ..,'.'.
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T-971 P-003
OCT 29 '97 09:39
i1
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'~iA.PPUCArioN l&VIEiV. .' ..1l7tu -~; 87i3ti:' ~t:W AJ::oF,)5j~.#~~):~ '
....; .' :.:::: ':-"" ~...' :'.(C6ntinued} : .,'..' :::. .", .; <'F/-.' ..., "":..:" ;::. ' .......~. 'APPtICATION'-::'::::~'?/:"~':>),':::<,'.:', ,'''; '~".:'"
. ...-_'::'~"J-..:.-".~.J ..~:-;.. '...- ....__...._::.: :~..': 00 ',. ,. ,': . ....;,..... ..,' ',. ..' :':"-.. ....... .. ..,. ~':".~..~......_._-:.~.... ..-. .'
': :;::". ':""-'<;.~'."~;:;'::""~':'.'~' ~ -':'~::-.. .... ".' . :" ". ....;:y.~: '~~'.';.:. ."~ .':'. .: :.;." '!;'."?>>::'~~~;.":':~~:~~~:.>~:~: ':~'-':'.~;::
.~ _:: ':NOTE: :-A~ty cited: '$ectjon :1569.30, .Health ind <.:=Ca)'.. -: .: The;appliCaUtmay ~thi:1taw.'an aP1)licatioil'for.. :
::"':'. '::.': ::Safetfqide:I.:.)teference:-:SectiQ:Ds 1569.15~"JS6~)'..i6. . .~:."an 'initial.Of .reneWal lieense::<:"Howeveitupiess~the :'::;:'.'
:~. :.. .' <~~\1569~11'.;i569.20 :'ancViS69.ios 'Health 'arx(Safc'.' .::-':,:....1kils. -: (:'..... ~'i!i:';'; - ..t'i}'suchYWithchaWal :;." '.--
.., ., .' ~. . .~ , . . r '. . r...... ty. mg ?g~. .' wpnng.. .' . .
:~: ~. '..:-dxie:<~~..:"? ..' ". ...,.:..<:,..,....:.:. ....:....,.::;......::~....;tbe...~..or:~.licensing..t~ency~.:Shall.ririt"t>e'. .;.
.; ... ...0 . :.::.:.::..:.-:-.::....,,0..:: :.....::.:..:.. '0 .:. . : .... " "..: '0' .~. ,".::' ...~::":"'''' ,:.."0 . .,,:~ .. ...... .o'.... 0' ....::. ...:..: ". .'':'' :/.:: ....: ,0 ........ ::: .-
. . ..:., ..' .:.., '..' -::_, ":':;' ':. :;..... .: ...' .:..:.... " .... .' /..' ,,_'.4ep~'..of.~. authm:t~.:.to..lnstI~te.:.o~. .~ntin'!le a. : '.
:..:.::.-.:::~.:.:...;:.~.::::~~~-:.:.:::t--::.:.:..:~~:.-...:~ :':.' '..:.~:.. ::~''''.:~ > .......::~.~..:...:.<.~ .j:. ~"(:' .;;:.:.~~~.~~~~(~..~..:~~(f~~:.~~:.~:;~~!..~f.~e::... .
t:;::- ....: :;fn2Z9 .:;:~~Acn;Y:.~.'~.;'. <~..:;~::,: ": ::. . ..;, "'..::::.:::.,;87Z?,9 ..:.~, ':';:"'j'license won any.gr~ prqv!~. byJ,iw; or to .~ter an .', .
..:~:'~~:'~:.::;~.:~<';.<; '>::'~\:'::';./~:::" .~. ;'.:'::." 'i.; ,:"'-':'::.'-.;:~., .:;-;':-::~; ~'~::>:'.:'S~i~'~~(~~g 'o/e !i~. ~~~'~c~.:~u~~(q'~..~ ~':..'. ';. ....:
..;. (;a) :""::...J\:.1ici:nse shall be ;"l:"T'ed for'a specl'fic 'capacity ". ...:;., ,,:. . ....~,..':'.... ,'" -,-. ..:. ';',:- "."'.' ;". ~"..'" <' 'f..., .... ,.,.,.~ . ": ....,. ,. "
~.. _ .... ...:.... . ~u . ....::.";,.';~~.~ :-:~..".,':'::', ....r" ...:.......,:.. 0" .'...:................ '.. .:-......:.
'.. .. ::.:WbiCh"~ k"the maximwilIrulnC>cr ofreSideDts which ;'~::. (b) r./ .the~.fee for-prOC~iDi ,the initiaX: or. renewal
~':c8.ii::t>e ~rovided. Care at'aiiy giVen <time>u.e capatity : '.~::' 'application Slill1 bc'f forfeited. :;: <-~.'.;. :..~. '~'~".>" ,.'
.. -;~:sh2Ii.~'#Xc~~e'of~y.~~ of~ liCeiis~t~ oWn'. .:..... .;.:...>::.~:.::., .~;.-.: ::'::' :"':'>"\ :,,...~. <......:>:~::>::-: ':.:':' .~: :....
. :';-:. . . . fcuDiij ~:who)-eSide" a(fue 'facilitj::- )Iow~e~ ;". the' '. .' N:O~: '.~~oPiY. 'cited: .~Sectici~ 1~~ .18 and 1530;'-
~ ::'.. :'. '. :JiCenslng agency .s~ ~~idei.the preSence 'of other. ...:'. :'jle.aJ.th ~.$3fely ~0d6: ': Rele~nce:\S~.cl.ciris.'1569. ~8~
'. . '. . -~. '>f~y:. Jnem~rs.:.~r:. o~e~ "IY-?rsoDs.:'Wh~ ~i~e'.~' the . '.: ;' 1569 .~O.: ';1.~6~.2~< 15~:30; . :15~~~:5q:'~:'1?6?51 . ~
"" ".' .': / .facilitY iIi'dete'tniining Capacity ~. order to erisure.ai1d ",'. )569 .?2;' :Health and SafetY. :9op.e~:+~:<.':.::.'':';.~;~'::. ':'. ": ..'.,:
, ,:' ..~....: :'.proiI:iOi.e:';'proPer~;'liying~ '.aITimgei:rients' .'for>'botlr;'..ibe' . .<.. .:;.:~:... :,:..-'..-. ..',.. ':, ; <:'. / :.:... .....:;...;,:.: :~:,;:: :~:;.:.::::... :'-::'.:'''.:; ':. "
.':.; :.:.~l~~t.~..~.'~{th~ ~idents '~d 'to 't:n~~iIrfhe .:.g:).:~i.i~:~::1kF;(~;': /~':~~:..::/i>~:,:.:'.:~.;:~~~;r'~:~/~Jf~~i(~<::."~;~':.~f:/!.;. . ::' '.'
. ':-.proyiSioI(Of' adequate ~care'and '.~rvisiOn'..for. the .:''':': 87231-~fPROVISIONAL:LlCENSE'~:!~,;.~..-:-.:~23r;':" ..'
i :::;c .,'_g~~(n~~~~';(~';\';Y'::'~:::.~ S::'::':Y',,: (,r.,:;~;~:i.;''';i:~:"~~'L9~qt~~:'' '.;~
........ .\(b) ..':Y~':The::'n~~~riFpe.rsoD~:-ttiat' thi:. 'faCluty::is ~ :"':~.licen.s~:~' au'app~'W1i6'lia(Su~#iith{a ~ ~le~ ~. .'-.':
.. . ,::. ':".~..liCciiSerl to.3d:rDit;'s.b~urbe deteOniiied on the baiLS 'of~: . :f:- """li6ition' fof"tndnitiafJJcense lffue ~in&'~Dcy.' .....
. ';. ,,:. >>.~~applici~oii.;fe~v?By"tbe 1lCenS~'aieiicy ~hic:ii.:~::<~:,:re~~~#.:~~~{:fu~~~ po:iifir~etY..p~~~,:.:that the. .... '.
1~~8~~~~~1~fu~';(
::_~" .... :..:. .:........ ..:" (1) :~~=,Physlcal.;.energy ~:fIDd ....s .::of ,the .::.:..:..and.an m:!!1!emare~: r ~,U;)w~.ex1stS.as ~ m. ";.. '. .
:. ...{..} :..:;......;.:~. '.:; -':;~ .as'it relateS;:tQ. meir'ciliilit.Y:tO'I~rtire';:""~:~fioil'.87i61i~:(iy~~..2;b:..~.a~:,.:~;:~~2;.S';'<:l:;?::.; ';'~~"';~':' "::'.::: ';..: :.
: ;;:~;~Sf~~~~~~~~~~~~"Z~:;!~;~;;{:K~\}~~:-:~~(~<~ii~~~tl~~~J~~\'f~j~4~~~;;~i,i';~-I;~
,. .. '_;'._. "'"""'_""::Q',t~,~~:~, N~~"':;':;'';'''~''r'.>l{,-;.''..... "'; ,.t'r '..,,:,t,;~;.:,.. ;~,,,".,..,,,,<'_''l-, ~"!'(b)'(;1,,~'1be~. of. a"prOVlSl6ilal.license shall.be .," ....
. <: ", ;'. ..,. :t~~.:: '. 'i.~:: '-orde{ti> chmply. with :feguiatioris:.,:. ;:~':~'. .'. :r. :'. ..... ;: .:. ::. ;;'iipon deri1al of 1hf"application;::wb,icbevetis earlier. ::. .:.' ~". .
,;:I~tt;:~i~~~~~i6~Y$~~:;i~~~!t;~}f~~~~ fJ~~~t0.Y~~~f(~~~r;it~;1t~f{y':&~Jfi';:;: :~::
'X.'-' ..c ~~-"~~~care.needs'of tlie resIdentS ...... . '~..'. .. ,,' , .0; . ... .,. ... ,--~.;;.",- -. ...j '. ,... ,.' ....; ".",.;/fS?"''?i'l.;'i!-i: ~...-- ',""".., '. ~.-
~Wtf:!~~~~~~;~li~~~;~~~~~w0~_~~;~J1i~~~5~i~i~?A~1[tlfit;f'~~:;:X:;."'S:~-
. ;-: : ..': ::: S3fetyCode .:R.ef"eie:Dte;:'SeetioDS 1569 ~ '1569' 31-arid . -'::;"':0":'o?f.':\' :.~ :"'~'-"""':r:<':~"';'~~' ",,,;:,,',,+~':i ,',.".',,:, ..;.::: ' ..... .. r'.
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. ' ..:::.~~;.:~..;~.,.:../:D:~;:>.':~':..:,~:'J~:\.i:: .:":'"
','c. ;,.~Hiirt~i':t&1i;,i":;J;t~-;::::~I/':.
5io
T-971 P-004
OCT 29 '97 09:41
~.
i; .'
87g]~ . FOOD SERVICE . 87576 "S7577.. . PERSONAL ACCOMMODATIONS g'J557: .
: . (Continued) .... :.:. AND.~VI~ .'. ::. ;.
. ..(31): Dishes and uterisils shall be disinfected: .(a) '. . Living a~om.m~tions ~ g!oUnds shaIl'be '.
.' . . '. '. . . related to the facility' 5 function.:[!!1e facility shan be
. : . (A) . In facilities .~ing meC~ca1 large: '. enough , to 'provid.e . ccinifoitable living'
~', by either maintaining hot water. .' accommodations and privacy . for .the ~fdents, staff,
'at" . a' minimum temPer,aiure ot ~ ':rod o!hers w~~ ~y. reside in. the facility:J The
. 170 degrees F (n degrees C) at the followmg proVlSIOns sbalI apply: '" '..
final 'rinse cycle of. diswashfug . .', A: ~. .::.:.:......,'.:.... '.
" .~c~~ .,or .by' ?~sinf~ting'. as: <'. ...... .(,i). .' .The~es~be~oniin~i-oOmssuch~.
. specified m (B) below. . livmg rooms.. dmmg' rooms, . dens 'Or. other
. . '.. ..... .' .' . Iecreatioti!~ctivity roo~..' They ~all' be' of
. , (B). In facilities" not using .. sufficient space and/or separation to promote
'mechanical means, by air alternative . and' faCilitate ~e'program"of activities and'to
comparable method approved b.Y. the . prevent such activiti.es from 'interfering with
licensing agency' or by the local' health .other functions, ", '. .
dePartment, such as the addition C?t' a
. sani~rlo~ agent!O the fina!. rinse'~ater.
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:(2). ".Resident..bedrooms'shall be provided .
.. : which:: mee4 . ~ a mininnun,' the- follo~
. (32) . Equip~ or app:ropria~ size iod type' -. \: requirements:" '. ....'. .' . . .
shall be. provided for the storage, pr:eparation . \..... ....... .' . ..... .
: an~ service of rood ~d for sanitizing utensils ",: \. (A) : ~ Bedrooms. shan be Iarge'~ .
. :.. ~ tableware, and s~ be'wel} maintained.. .:.:",' " . .' enOUgh to ano~ fo~: easy' passage.
. ..' :. J' . ~ee.n and ~ortable Usage 'of~
., .'" (3'?)" Tablev.rare and. tableS~ ;d~sh~: and .... '. an<kother :required ,~tems of fuminJIIJ
'. '. utensils shaIIbe sufficientin.quantitjr.toserve . ... . ...:. .... specified:~below!':'3nd"any resIdent
. ..... ~ ~dents~., '.. '. ". assistint devices snch as wheel~ or'
. . . . '. t '. 'WalkerS. . " '. .
.: ... (34).'.AdaptivedevicesshaIlbepr6videdfor. .'.,~...I.'.." ....:. ...:....>.~~~...:...... .:. .
. '::: '..sclf-help'.ineatingasneed~ljy'resideim. ., '.:.:',>'{:.. .'~ (B).....:,.No..rooriic~oIiIytisedfm:.
. :":.' .::' .'< ..' .... . <:. .. : . . '. . .. :..~. ':.': '.' ..: .....~: .. ','j!: .:'; . .~ttier..:ptuposeS':.sbaU ..be used as:a
'.: :(c)..,.::"~.':.:~ynel!ce~'~cyl:oay".~ ~ facility!?.:. .....'. '.':':'r' .:.. '. :.....s~~i1ig.~o?~ fo~:~ ~i4ent.:~ ~ .
:: provide:Written bif~tion as to the foods.purcMsed . . '., :.; ......:;: '. :'. ':., 'inCJ,udeS anylWl,:stairway; rinfinished .:
. . ..""'. .., '. . . '. .' ..... ., J. . . ....... .' . ... .
'. :an~~;~~'.:'.,!vei: 'a' gi!'en ~pOd 'wh~n;' b~'~ ':. . ;'.::'.l...:.;. .:.,' ..... att:ic;'.garage...storage:.~...shed or:. '.
". p. docrimenrarlqn, the~.is reason to believe that'theJood . :". .::,.;......:,. . .<.;:' similar detached buildirig. . " .:. . . .
"'.,serVic:er~m...~'a,renoi'beiIig'met. ..'..<.... . "":r'..'~,: "'"",.:.: .:",~.' .,;- :-..:.:.......... . '.
..... '. .... . .'. ~. .' . :/-:.. .<...~. '..'(C):. '..Nobedrooniofart'SidentshaJr
"NOTE: :A:uth~~tY.~i~::' Sec~O~.~569.30;H~th'aoo ... 'r. ...... . ..':.. ~".Used as:'a p~ageway to:8nOthe~
Safety Code.:.. Relerence: '. Secnons 1569.1; 1569.2.... .j. ':'. :':' . < ::.. . room.; bafu or. toilet. "'.,. .' .
'.:lS69.~...1.?~9.~f'a?Jd'.'156~.~~, HeaIth.,'and SafetY. . ..}_'.,> ~'. ....:~...':.:.......::...:.:.:.'.,.:. :.......:-:.. ....:. ......:...:...~. ~
Cod' ..' . . '.:.. ..."....: .;\'. ':'" .... - "(D)':' >N' t . =-- .....- "dents.
" e.. ':. '. ':.. .':" ....'. '".' .... :..y ...:......._ ". '. ..... o. ~re ~...l'YV res1
. .' '. . '. . .' . -. .-\ hall 1 . bedro .
....... i"'?'~"-.J:~..',>.",.' ":'.' <;f~.-:;;:}......_:-..Zk201~lI.:..~:.n::... .;' .' '-.
, .. .:.:: .:..::.:.:. ;.. '. '..:..::.:... .:.:....;.. ... '.. :.. :./ '. . .' ...
: ". .:,:' '" ..' ..~.>,:...:........;:.:.:.~.,.,. ':J:.:::. .......
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T-971 P-005
OCT 29 '97 09:42
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. s7577l'ERSO~~ACCO~ODATiONSs7~'" ';, "f~s,;."l.)Of~~~Pei '
. .. AND $ERVICES (Continued) . '.' .... ". .. .- 'resld~t shall ~ provlded~' .. ':.' "
. .' .'. '. '.' : . :' '. '. .... . . . . :~:" . '.' . : .:. ~..:: '... .... . . ':' :.., ~" . ~
:. (3)' ....:.: )~quipment aoo. suPPlies nicessMy for.. '. :.:. .. ':". :..:.{F) . ,.' BasIC :". . laundry -. SetVlce
. .... "personal','care"an4 :maintenance .of adequate'.' . ".': ::.: . :,' -; (washing;: ~mg; .and '.,~ of'
.... .... ~ygifD~ practice shall be readily 3yai1abie to .. . '. . ...~...:' ::-:petso~. cIothing).:' . . -:".: :.:- .':
: ." eaeh:resident. :The resident may' provide the :. '.: .:. '. ..... : ..-': . ". ':': -:.' ': :. :.:'..: .:. ;.. . ,.., .... '. :. .
. .'. ': . f9110Wing Items; .however. if the resident is' (b).... '..Toilets 2nd ~throoms '.shall ~ conveniently .
: '-. : ilI18ble . or' chooses'not to .provide the~,.. t:lie . 'loC~i~:'", The Iic~~~ capacity sb.3n'~. esi3~~h~ :
'licensee shall assure. provlsion of:' . . '.' .: , ': baSed on Section 87229 .8mi'the following: .:: . '.:.. .
. . "'" . (A)." .:.A),edfur~h~ident.'~t:>:: :,,~:.,,<(~~-":~':.' .~t.';~t.~:~~et)i~ #h~~in"rc;!-""
. . that mamed couples may be provided . . .each six (6) persons, which include re.sidents,
.. -. "with o.ne appropriate sized bed. '&cQ. ":. family ai1d peI-sonnet. . ,.->...,. '. . '. .
.'bed sha1l:be ~ .With -good' . '.' ';" :....... .' ...:..'."::. .'. ':'~,.'-:. .
. . .... .: spiings, a' Clean' and.. comfortable '. :". . . '(2). Atle3stone.~p.1b or shower:for each'
. :. .... ..... ~:~~.: aVail!1b1e pillow(s) :and ..:. . '.:': te~ (~O) person.s~' . which. .iDclride{.~i.den~. ...... :'" ..
'. . .::. ..:":. : ..~:.: '<':li~t:Weight.w3.rm, bedding.: fillinis. .... . .... :family and liVe-m persOimel. :;,', :'::.i:;':. .
'. ". ..::....-':\.and..cov~.for~esSesandp~o~ :'.... .:' _ '. .' .'. >..:~.:.:....., .::~: .i. :.'. '.:.' . .
. . : . - '.shall be: flame' .,:etiu'dant... Rubber... . '(c) . . In4Mdual privacy sbalrtX~ provided in all to~ec, .
'. .. '.:' ':'.. shc:;eting" shall. be.' provided when'. bath and shower areas.":' .: . ':: ..,.....: . .:' ... .. '. .
. .' ...:::.:-necessary;: . .:. ":.. :'" :. "":" ':. .' _'. ";: '.. :,..;....-:.....: '.....,.....:.:.:..:..:.. . ':'.:.: .;..... :.... .
. .' . '... .". .::. :(dr<,":fThefonow:ingSp~3nd.SafetYprOvisionS'shaU".. .
. :'. '.:. :0 (B)' .~. t~~Oom.furIPtuIe, wrucp.sh3iI'" \SPPly to an ~ilities:..:. ...:..... ,'. '.:,:: :-: .:. ....::.. .:. ....: ':'.. .' .
":'.' :'.'>'::;JInclnde~: fOr each 'resident/a chiir/ .. :.....,. ......:.~: :.:.': .......'..-;...' .' . ..... . .:"-.-':>. . ......:: .
. , .....:. ':'. ....;~.m~t Staoo~ a'~, or lightS.sufficient:.'. . ":'. ".(1) .T<.Stiffi~e~t::r~':s1ia1i .~ a~able .:ro' .... '.' ": ....
: '. :.'._.. ::.:/ f,!'r~. .and'a 'ch~~'of drawe~:': : ~. .r.: ..:./,.~~~~ ~~ns' :~ed' iIi. ~~.:3nd .... ....: .' .'
:: .: :~.\...:. ...... .':~..'~::;;,<'<~~~'~.,~:, :~6::'f:~': ';~:;i;::.' ': ::::~{jJ~:~i ':: -:~'.:~T:.t:::.:;:;.~:::::;~~:.~{~:~..<~~::.}::~~~.\~:,~~~.}:\'::'."':~:. .' ::~
". . '.~. '.- o. '-:.~:'.::_::blanketS"'.~reads' ;top:~ 'sheets .. . ;'..' .<....:.(i)'.~i;> The prexiriseS Shan l)e'imi.UtaiDed.iri.i;:"'", .;:
. .:..~.: .....~...:.....::.~. ::,~::.:'~\i~:'::!l?C;~~:.{~ :.~~;.~. ppio~w':: F':"T~::~ : '~.~:~:,X.:7:~~'~ig~~ ~~.:~~l~.~:a..~ '~~.':).>.': :.';". n
. .' . .. . . . roattress pads bath towels .h2nd towels . .' ..... -'. healthful envuomnent . .. ' .. .
:." '. ;:;....:\..;. ',:::'.;.:,:~'~j'an4 wash clotk;.. TIie ~'shtui 1X: :~'.~":".:' :... ':/.~.'.::.. .:{":' ...~.::.>;.,~.~...:.;..;.t,:.<!~.;;..:~.;:.-.:.:~:~::., ~::~::,.':-J"::'..:::. :.~. . .... .' !;
,". ::..:... .:.': .... :..-$::: ':'Su~cl~t 'to' Perinit Changing at'least: .:. '., .: _..... . (3) ':'.'~. <. ~n perSons. Sha1l:be J?r~teCted 'agairi~J"::.. '. . ~~.
.:. .'. . ... :.: " ~.:.>-';: '.o~".pet..Wet:k.or. :more '<?ften .when::::; . :.:...: .:~'\vitb.i,n.tbe facilitj .~ugh'prcMsiqD.'~('.: .' . ~.~
.: '.' . ..... .':-,: i:odicated to ensUre that cle.an.1inen is in ..: .:' .:', ..:::--,.;'. the following: f<':',' .' ......~... ":':;. '. 'I~. :::' ;':'.' ...~,.:.-/r.~:.
.'. ". ....., ,....> .:'c'r '".': .' "by ~:,t~ all" . . .Th' 1;.,,_.....;. .' '.: ....,. '. ~ . ':... . ':. . .;..: :........ . .:. ....; .~...:. ,'..
.. .' ...use J.=.tU\..U1-'>at urnes. e~ .... '.. .' .. .'~ '.,r.. .... ...... .,....,..
'. .' -:,,:' :'..:.:-:<,.:'. ".,,=:: ~sb.dll.~ .iIi..gOOd 'repair. The'use of :'. '. '.: .:. <'.;-..:;. :..cA)..~::...:'~~ve' ;'d~>:roc~.::as' . .~. ".
'.: "..:-....:. .",' ',i:."':'cOrii:niDn wash 'cloths"ancftoWeis- shall '. . . . ." :~. ........ ',"nonslip niaieriafon rugs ,,;.,:.~: '~:-.:'.... ':":". .': " ;'.
X;~; ~:~'~:,!';':)~;~~'\t:'5:.',: :.... ,... .......:.. :{;~.: :,;:.'.~~~ii;.~;.;~s#~;n\'.; :f~yj:.... '.):
.\ .". ..... : ,r .:....-:....cI?);.;..::. ~ygIene:nems of gene~~. .;.. >"";:~''',>:,..~:..'.:<.~g)ife...pro~on~.and..:o~er:. .. . ,.
'~ ......: ..,: '=. :'" snchaS sOOP.and toileq;ap:er~" '.:: : .~. ,..::",. :'. ';". ...~.::.::;.:.~:.:..,.;:.3ppr:OPriateSubjeCts. .' '.'. \:;:".:" .,;'-:<,;'..:., .... .<:
. :.:.:~ :,:: ".'~-~ '::~>( ~:~.;}ftr;:~ ~l~:~~:~~~~{~~~~~~' :..;;.:.:..~:>,<;<:::;.:.;..::..::::.~.~t~~;-. ";L~>>:.>'-;..~:::.'..~,~~~.,:~<" ~:.':..\:: .:;; :;.:.;..'::" ::'. . ....;.;
.'" "'<r~~spa. 'cem' +J...'..:bedroo". ms..&,or..'.,:....-:..:,. ':.;'::';>:'.:'::';.:.'~".;:. /-~..:.;;~. .".;'.. :-.......:;:....:.:... . . . ....
_.' 1-. _ ~ 1.' ..,' 'I~ ...;;c....... ,:..-:.,.:: "0_ ':, .... '0: '\ :." ". ........;" . ~." " ..,.. H'., ',' . . "j ~'
. . :.::..: .... ~:,; .~~~:: '::::'~i?~i.'~d ~~.;be~~~:'~:~~' .:.'::~" ....,(.:.: ;?': .~.~~.:,~2...::~:.) ..':.:.;::../:<....:.:. ::'::r"~". .:-....:}.:~..:~..... :.::. :...,....: .....:. .: ~:.~
.. . 'mmmnun'of.eight'{8) square.feet' .... ... .. ........,. '.. '.' ....,....'-.. '.. . -.., .
. ;>...~ ..~H.:>: <;~ ~:.:.~<;.;.~ ..:..:>...<~.:..' :.:~ . "::: . .:...: : .'::."-. ..' \\~><~.<>.::~'. ~:. ~;~. ..?~;;~.::.....~:..:..:; ~..: '.:~.:.'.';::..:', ::..:.-..... .:: ". ...". :~.'~
...-....:.... ...... ~5 .. ...... .'-'
:. :.:....'.:..::.<::...>.'..::.,..:., '. . .;:, ....:-<:. "~'. ,<::~,::,'/':'.:C~..:~" ....:'. ..........:... .' '. .:'
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T-971 P-006
OCT 29 '97 09:43
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87577 '~NALACCO:MMODATIONS'87557 : . a. .res:ident's' roObilitJ'..and ~~~~
'. AN;D ~YI(:FS (Con~ecI) .... .. '. functioning. . ~'to ~ition .rathet' ~ Ii :
.' . . . .'. .. . .. . moyement:. mcludmg.' but'.. .no~ limited ,:
. . '., (4)' -S~ys, incIiries. rampS' and open :'.. .': '.' preventing a resident.fr~lIffalling out of bed;. a...
-: . ....p01;ch~:.~: areas of ~rential hazard to. ....;. chair,. etc. . '. ':". ....:... .... .: ". ....
. . resi~ with poor b~~ or ejesig~'sha11 be. :. .' '"
'. . ...... made ~~Je to.reside~ts unless eqt!ipped .:
, . .::. with stur4Y b~ railings and .:unless. well-... .
.... . .... : lighted ... .
. .. . ." , . . .. . 0" .
... .
:(A) ". .:P~Y';i'c~~~pre:scrib'ed
orthoPedic .devices .such as .b~ or'
. . ..~ts7"USed fai'support ofa weakened
,,". . ~ody.part. qr correction of body paris,
,:' ~~.co~idered~s~its. ~- .... .
. (5) . Nigh~ lights" shall . be _ maintained' iIi '.
.. ': ..hallwaYs; and passages to nonprivate bathrooms. .
. . .' .' :. ..... ': :'. .... .,:.(2) .' Appr~v.ed'..~tui-3t.,...~~ris shall be .
. (6) . All .outdoor ~d indoor.passage~'aYS" .'..:. . fastened or tied in.a .manner which"perinits
. and ~ shall be kept free of ~bstruction..' '_ '. " 'quick release by the ~.dent.
. .: .'. :...b; "-'. ~ .~~~ ~ ~~ed '~~ 'shai~ .:" ". '..~' ~ : (3) . ~'. .lll:-'.~~~ ~ ~'. p~stUraI supports '.
. ....bearleqUatelyscieened... '.' . .;: .' ....... .... ..... ~ shaIl.beinwritirigalKl~luae:awritteD.order ".
. .':..': ',' .':. "'.' '.. .:: ". . .:..... .., : . .:.- .' ',' :.of, a physic~an"indi~~. ~ necl for such
(e)' ."' : Facilities providing seivices to residentS who' '. <.: .:..."."supports.'..The~' Ii~enSing":~ncy 'shall be'
.:have phys,iCal'or-mentaI disabilities shall'assure the'::' ...imihorlz.....{I....to :.l-eqmre .orner "additioruiI :.'.
, ,-I '~~t$~~~;::i '... .....,:=~aag:::=~.
. other means. '. ....: '. '. '...., .~~..of..postura1.~rts'.only after.~
.~. >. ':. .:~; . . . " ". .' .., . . .-.... .... '.app;ropriate~.~ '.ciearance, '~. reqUired"by ..
. . NOTE: '.Authority cited:. Section 1569.30, 'Health and.. ;..' ../ Section'S72207.has been Secured. . . . '.
: .' Safety, Code..' .R~re:nce: Sections 1569~1~ 1569,2.: .'. '.: ..: : - '" '. : ,.' '~""'" "-':: : . .: .'. '. .... ..
. .. '.' .1569.30. .1569.3l-~ 1569.312,.. 'H~th".a.:nd' Safety ':: : -:.:.:: .f' ~(5)'.','. .The 'li.c#lSnig ag~ :shan'hM .~,:. .
.,.. :." :. Code> ~ .>:. ..':.': ":". .'. .' .....:. '..:.,: . .-.:...::-:.....::.. . ::': ..... '.:.>: .authoriry"to' grtmt.EonditiOnaI and/or ,limited. .
..' .'- , -.' . --:,' <;':.'!. -.<'.,' ;.- :;(: :';:~i;,;'::',;~;'J', :;~;.~~:~7~;~'-' ' ..', : '.'. .
-' .':.. .' . -:'.87s78.."PERsONAL ASSIsTANcE . '>;..~.'..:87578 '.'i) .'~-.:><:.~.- {6) ..~::~ Vnder m;'c~ ~.:posmci1".'..' .
'. ".: ...._.-,-:t;f:~f~;L-'-~~~;st;~~~L.{-.:..:,::l.;:~._~~ii~~b~~ yng,...:,
". ..' .. app~;'~.SubS~'cbaUges to..tbai~'-the-:.' . . ':.: ':'.: ..... '-.(A) . '.' 'A. bed ra~ that e~dS fr,?m.:' '.
.".. :facilitysluUlpro~assistance3ndCare'forthe.r6sident.'.'..:, ...:...... ..:tbe~~.~Iength:.ofthebed~~ . '.
.. ;' . in those ~activitiesof daily living'..which.the'reSident is . :.... :.:..,..' ........ . :., . :".: used.only .for' aSsi~timce with mobility '- '. .
.' .:::: '.unable.. to "'.:dq 'i01:' 1rlmselflb.eiSeIi. as ,sj?ecjfied'in :':.:.: :.;. .:~ ..: :.~. ":':shaIl.be:'~owed .~1i?-. prior IiceDs~" :-. .
,. . :....-: '~le'6/';p~Slppo~ 3ppioYect.inadV3pcebYtiie:':.~~. ':.'. ....:>.::..... approval~.>~ed .~.that .~.the'>':. .
.... :. ..liCenS!ngageiiCy~as' specifie(fin'(ii~ougb (0) beio~.-.";.'" ~,,;.:;' ;.::.'. .:.' ;...:;. .,~l~:o~~De4 ~~prohibited.. :'..~:
:.... . .... ':~~"~~'~:~ r.~..~.~~~~t:'. >:;~"'..'n::~i~:':' ~'::'-:>..~&&?;~~~ri~:;zr.':~~~fi;~{3b:'~~~ ~.'.~'..>;:.
':. "':"'<:::~(1)'.. "':posiUraI..sUppOits:_~ be':IiiIrithd.tc[:.':.~1'Saf~tY.:tOde...,:Reteren~::::-~:tions":1$69.t 1569.2. ./. ' .
'.' ': .: .,:":'.appfumces or '~ices such aSbr~es; Spring ..~..> 1~~9}O".1569.'31-.:..~)5~9..3i.2.\..H~th and ~~.
.:~,.'..:. .,'i.. :....:;f*~ ~;~o~~~,5i~_I~e~::i'"_.. ::,:_:,C;~S:,F<::~(~:. ~~~,:' ....:.... .:,,~..
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