Exhibit R - Presentation
City Council Hearing
October 19, 2023
CONSIDERATION OF
CONDITIONAL USE PERMIT APPLICATION NO. P22-03146
AND
RELATED ENVIRONMENTAL FINDING FOR
EA NO. P22-03146
Filed by
Cesar Rodriguez of CR Consulting Group Inc, on behalf of Jason Andrade of Infinite Living.
City Council Hearing
October 19, 2023
RECAP
The project proposes a congregate living health facility through the remodel of an existing single-family home, and the construction of two additional buildings as part of a future phase of development.
June 2, 2023: Planning Director approved project.
June 5 & 14, 2023: Director’s decision was appealed.
July 19, 2023: Appeal considered by Planning Commission. Item continued to allow for an additional neighborhood meeting. August 23, 2023: Neighborhood meeting held by applicant. Fourteen (14) members of the public attended.
Summary available as Exhibit N.
September 6, 2023: Planning Commission denied the appeal and upheld the approval, on condition that the scope of the project is reduced by reducing the total number of buildings from 3 to 2.
City Council Hearing
October 19, 2023Site Plan
City Council Hearing
October 19, 2023
STAFF RECCOMENDATION
1. DENY the appeal and UPHOLD action of the Planning Commission and Planning and Development Department Director to approve Environmental Assessment P22-03146, dated July 19, 2023, a determination of Categorical Exemption, Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines; and,
2. DENY the appeal and UPHOLD the action of the Planning Commission and Planning and Development Department Director to approve Conditional Use Permit Application P22-03146, authorizing the adaptive reuse of an existing residence to be used as a new residential respiratory care facility (congregate living health facility), subject to compliance with the Conditions of Approval dated September 6, 2023.
If the City Council decides to uphold the appeal and deny the request to develop the proposed use, the Council must find that there is insufficient evidence in the administrative record that the findings required by FMC § 15- 5306 cannot be made and amend the required findings accordingly.
City Council Hearing
October 19, 2023
VICINITY MAP
City Council Hearing
October 19, 2023
State Law Requirements:
Per Cal Health and Safety Section 1250 (i) (1), a Congregate Living Health Facility (CLHF) is defined as a residential home , and include: medical supervision, 24-hour skilled nursing and supportive care, pharmacy, dietary, social, r ecreational, and at least one type of service specified as: (2) (a) Services for persons who are mentally alert, persons with physical disabilities, who may be ventilator dependent; (b) Services for persons who have a diagnosis of terminal illness, or, a diagnosis of a life-thre atening illness, or both; or (c) services for persons who are catastrophically and severely disabled. Per that section, a congregate living health facility shall have a noninstitutional, homelike environment.
Per Cal Health and Safety Section 1267.16 (c), a CLHF shall be subject to the conditional use permit requirements of the city or county in which it is located. Fresno Municipal Code
– While classification for “Residential Care F acility” per the Fresno Municipal Code states that services provided are primarily non-medical care, a CLHF can provide a range of other services such as supportive care, pharmacy, dietary, social or recreational needs. – The FMC classification also includes hospice s, nursing homes, and convalescent facilities, which are uses that could also provide medical care and which are uses similar to the proposed use.
Use Classification Analysis