PC R 07-2027RESOLUTION NO. 07-2027
A RESOLUTION OF THE PLANNING COMMISSION OF
TME CITY OF ARROYO GRANDE DENYING APPEAL 07-
OC1; APPELLANTS: KEVIN MCBRIDE, BEAU PRYOR,
PAUL QUINLAN AND OTHER CONCERNED RESIDENTS
AND APPROVING LARGE FAMILY (ADULT) DAY CARE
CASE NO 07-001; APPLIED FOR BY TRANSISTIONS
MENTAL HEALTH ASSOCIATION
WHEREAS, the Community Development Director approved Large Family (Adult) Day
Care Permit Case No. 07-001, applied for by Transitions Mental Health, located at 113
Bell Street; and
WHEREAS, the appellants have filed Appeal 07-001 in response to the Community
Development Director's approval of Large Family (Adult) Day Care Permit Case No. 07-
001; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Appeal 07-001 at a public hearing on March 20, 2007 in accordance with the Municipal
Code of the City of Arroyo Grande; and
WHEREAS, th� Planning Commission finds, after due study, deliberation and public
hearing, the follc►wing circumstances exist:
MINOR USE PERMIT — LARGE FAMILY (ADULT) DAY CARE FINDINGS:
1. The proposed large family or adult day care home complies with the
standards, restrictions, and requirements contained in Section 16.52.120 of
the Municipal Code.
Secfion 16.52.120 of the Municipal Code requires that large family Day Care
Facilities meet five specific pertormance standards in order to assure that
such uses do not adversely impact the adjacent neighborhood.
a) Structures. Large family day care homes sha/l conform to all property
development standards of fhe district in which it is located unless otherwise
provided in this section and all requirements of Section 1597.46 of the
California Health and Safety Code. The residence at 113 Bell Street was
legally constructed and is permitted as a single-family structuree
b) O�ifdoor Play Area. The oufdoor play area shall comply with the provisions
of California Health and Safety Code governing child day care facilities.
Stati�nary play equipment shall nof be located in required front or side yard
setbacks. No outdoor play equipment is proposed due to the provision
of services to adults, only.
RESOLUTION !v0. 07-2027
MARCH 20, 2007
PAG E 2 of 4
c) Fences and Walls. For purposes of noise abatement, a six-foot high solid
fence or wall shall be consfructed on all property lines, except that, in the
front y ard, a fence or wall shall not exceed three feet in height on interior
parcels. Materials, textures, colors and design of the fence or wall shall be
comp�tib/e with on-site development and adjacent properties. All fences or
walls shall provide for safety wifh controlled poinfs of entry. The perimeter of
the p-roperty is bounded by a non-continuous 6-foot high wood fence.
This fence currently requires repair and improvement. A condition of
approval for the project requires that the 6-foot high solid fence with
portions adjacent to residential uses being 8 feef in heighf be completed
and repaired so that a continuous perimeter is created that provides
controlled points of entry and reduces potential noise and privacy
impacts.
d) Landscaping. On-sife landscaping shall be consistent with fhat prevailing in
the neighborhood. Existing landscaping is currently consistenf with the
adjacent neighborhood and no changes are requested.
e) On-Site Parking. One on-site parking space for each staff person other
than the homeowner shall be required in addition fo the required parking for
the residential building. Staff and clients arrive in passenger vans that will
utilize the existing driveway; on-site parking is adequate for the
proposed use.
2. The proposed large family or adult day care home complies with all
applicable provisions of state law.
The proposed use complies with all applicable sections of state law
including California Health and Safety Code sections 1597.40 and
1597.46.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby denies Appeal 07-001 and approves Large Family (Adult) Day
Care Permit Case No. 07-001 with the above findings and subject to the conditions as set
forth in Exhibit ";�", attached hereto and incorporated herein by this reference.
On motion by Commissioner IVlarshall, seconded by Commissioner Barneich, and by the
following roll call vote, to wit:
AYES: Commissioners Mashall, Barneich, Keen, Ray, and Tait
NOES: None
ABSENT: None
the foregoing RE�solution was adopted this 20�' day of March, 2007.
RESOLUTION NO. 07-2027
MARCH 20, 2007
PAGE 3 of 4
ATTEST:
LY REARDON-SMITH,
SECRETARY TO THE COMMISSION
AS TO CONTENT:
ROB STRONG,
COMMUNITY DEVELO MENT DIRECTOR
�
I
CARE RAY, C�`H_A`JIR
RESOLUTION NO. 07-2027
MARCH 20, 2007
PAGE4of4
EXHIBIT "A"
CONDITIONS OF APPROVAL
LARGE FAMILY (ADULT) DAY CARE PERMIT CASE NO. 07-001
113 BELL STREET
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GENERAL CONDITIONS:
The applicant shall ascertain and comply with all State, County and City
requirements as are applicable to this project.
2. The use shall occur in substantial conformance with the application and plan on
file in the Community Development Department.
3. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its agents, officers, or employees because of the issuance of said
approval, or in the alternative, to relinquish such approval. The applicant shall
reimburse the City, its agents, officers, or employees, for any court costs and
attorneys' fees which the City, its agents, officers or employees may be required by
a court to pay as a result of such action. The City may, at its sole discretion,
participate at its own expense in the defense of any such action but such
participation shall not relieve applicant of his/her obligations under this condition.
4. This approval is subject to the appeal provisions of Section 16-12.150 of the
Development Code.
5. Prior to occupancy, the applicant shall repair or install a 6-foot high solid fence that
creates .� continuous perimeter and provides controlled points of entry and
reduces potential noise and privacy impacts. Portions of the fence that are
adjacent to residential uses shall be 8 feet in height. The fence shall be
constructed to the satisfaction of the Community Development Director.
6: Prior to occupancy, the applicant shall install motion lights in the front and rear
yards to the satisfaction of the Community Development Director.
7. Prior to occupancy, the applicant shall install a security system to the satisfaction
of the Community Development Director.
8. The appl�cant shall limit the maximum number of clients served at any one time to
12.