Loading...
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 C�i ►i ►i il►1�r'L�T��I��iI�►�il���i�7�71:��Jil���� 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.