PC 03/08/78 - Laserfiche WebLink

UP-78-3, Jimmy and Florean King - application for a conditional use permit to operate a nursing home for no more than three persons at a residence located at 2445 Via Espada; zoning for the property is R-1-6500 (Single Family Residential) District. The staff report was described by Secretary Harris. After the notice on this case was published, the staff discussed this application with the State and learned that State law considers such a use as a residential boarding activity. Mr. Harris stressed that the use, even without a con- ditional use permit, would be allowed in a single family district for up to two boarders. City Attorney Levine explained the requirements of State law as stated in his memorandum of March 2, 1978. He discussed this use with an attorney on the State Mental Health staff who interpreted that all conditions at- tached to a conditional use permit can only relate to protection of the residents in the house itself and would not take into consideration the issue of the "effects on surrounding properties." The Public Hearing was opened. The applicant, Florean King, 2445 Via Espada, spoke. She explained that the term used for such boarding of persons is termed "care homes." They definitely do not want to do anything to cause consternation in the neigh- borhood. She explained that with only two people living in the house, they have spare bedrooms. She had prior experience in this type of work, having cared for a mentally retarded niece for several years. Upon query, she confirmed that she receives financial renumeration from the State. Joe Pacheco, 2344 Via Espada, asked if the proposed use can be construed as a business and whether this means other people can locate businesses in their homes. City Attorney Levine explained the home occupation ordinance, and stressed that this proposal is not precedent setting. These comments were followed by further explanation by Secretary Harris regarding the allowed and conditionally allowed uses in the R-1-6500 Zoning District. Next, Terry Wondra, residing at Corte Calera and Via Espada indicated her concerns regarding the proposal and asked for more explanation about the types of persons who would be moving in. Bill Thorsen, 2269 Via Espada, commented that nursing homes have the worst care statistics. Cited such problems in San Jose. City Attorney Levine expressed sympathy with the concerns, but indicated the reason the State does not allow local jurisdictions to impose any conditions is because of the amount of local resistance to such a use. Sally Spengler, 2229 Via Espada then spoke. She stressed the need for such facilities. She has a mentally retarded child. She acknowledged the neighbors' concerns, but felt there was nothing to fear. Mrs. Suzie Goodlow, 11980 Skyline Boulevard, Oakland,. spoke in support of the application. She has 13 years experience caring for such people. She talked about the great need for such care homes for these people. She felt that with a true understanding of what is entailed in such care facilities, fears of neighbors would be eliminated. -6-