PC 113011 Special Mtg - Laserfiche WebLink

3. Category C is for persons who are catastrophically and severely disabled. Ms. Harryman continued that Health and Safety Code Section 1267.8 states again and again that congregate living health facilities shall be considered and treated as a residential use; hence, they would need only what would be required of a single-family residence and no Conditional Use Permits or Variances. She noted that in this case, the application triggers only a Design Review approval. Ms. Harryman then stated that the section that came up at the last time regarding a split of six beds in Category C and six beds in Category A is Health and Safety Code Section 1267.16(c), which states that cities or counties where the applicant seeks to place more than six beds of Category B or C beds in a facility can require a CUP. She noted that this issue is now moot as the applicants will go with 12 beds under Category A. She added that if the Commission wishes, staff can discuss either now or at a later date how this may change in the future. Commissioner Pentin stated that he would like to hold this discussion. Ms. Harryman stated that should the Planning Commission approve this application for 12 Category A beds, and the applicants later change their mind and say they want to have some other mix, State law says that if six or more Category C or Category B beds go in, the applicants will need to return to the City for a CUP. She explained, however, that if they want to change the make-up to something less than six Category B or C beds, for example, eight Category A and 4 Category B or C, they would not need to return for a CUP. She added that again, State law says the City must treat them as a single-family residence, and Design Review is all that is triggered. Ms. Harryman stated that the Commission can add a condition stating that if the applicant wants to put in six or more Category B or Category C beds in the future, they must return for a CUP. She noted, however, that this is not necessary as there would be a trigger to have this happen, but the Commission can add it to make things absolutely clear. Commissioner Blank inquired if the requirement is for six or more or for more than six Category B or Category C beds. Ms. Harryman replied that it is for six or more. Commissioner Blank requested confirmation that the applicant could then have seven Category A beds and five Category B or Category C beds and will not have to return to the Commission. Ms. Harryman said yes. She stated that she believed the reason behind the CUP allowance by the State is that Category A persons who are mentally alert and higher PLANNING COMMISSION MINUTES, November 30, 2011 Page 10 of 19