TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: Chris Burton
SUBJECT: See Below DATE: February 18, 2025
Approved
Date:
2/25/25
COUNCIL DISTRICT: 8
SUBJECT: CCL24-001 - Issuance of a California Department of Social Services, Community Care License for a Proposed Adult Residential Care Facility Located at 3347 Dias Drive
RECOMMENDATION
Allow the California Department of Social Services to license an adult residential care facility for four persons at 3347 Dias Drive based upon overconcentration.
SUMMARY AND OUTCOME
Direct Administration to inform the Department of Social Services (DSS) that the City does not object to the issuance of a license for a residential care facility for four persons at 3347 Dias Drive.
BACKGROUND
The proposed adult residential care facility is located on an approximately 0.15-acre single-family residential lot on the northwest corner of Dias Drive and Portal Way, surrounded by single-family residences. This facility would provide care for up to four persons within an existing 1,788-square-foot, four-bedroom, single-family residence.
Another residential care facility is located approximately 160 feet southwesterly of the project site at 3318 Dias Drive, also a single-family residential site.
The State of California Health and Safety Code Section 1520.5 (California Community Care Facilities Act), declares that to prevent overconcentration of residential care facilities that impair the integrity of residential neighborhoods, the Director of DSS shall COUNCIL AGENDA: 3/11/25
FILE: 25-222
ITEM: 10.1(a)
HONORABLE MAYOR AND CITY COUNCIL
February 18, 2025
Subject: – Issuance of a State of California, Department of Social Services, Community Care License for a Proposed Adult Residential Care Facility Located at 3347 Dias Drive
deny an application for a new residential care facility license if the Director of DSS determines that the location is in proximity to an existing residential care facility that would result in overconcentration. As used, “overconcentration” means that if a new license is issued, there will be residential care facilities that are separated by a distance of 300 feet or less. However, the California Health and Safety Code also allows for the Director of DSS to approve a separation distance of less than 300 feet if the City in which the proposed facility will be located grants approval to the applicant based on special local needs and conditions.
The proposed residential facility is within 300 feet of another residential care facility located at 3318 Dias Drive. DSS requested approval for overconcentration from the City based on special local needs. See Attachment 1, the letter from DSS dated April 3, 2024.
ANALYSIS
The applicant, Evergreen West Inc., has requested a Community Care License for a residential care facility for four persons at 3347 Dias Drive from the DSS. This facility will provide service and support to people with developmental disabilities.
Per the State of California Health and Safety Code, prior to approving any application for a new residential care facility, the Director of DSS is required to notify the planning agency of the City in which the proposed facility is to be located. Any city or county may request denial of the license applied for on the basis of overconcentration of residential care facilities or grant approval based on the special local needs and conditions.
Planning staff has no land use issues with the proposed residential care facility for four persons on the subject site. The subject site is within the R-1-8 Single-Family Residence Zoning District. A Residential Care Facility for six or fewer persons is a permitted use in the R-1-8 Zoning District per Table 20-50 of Section 20.30.100 of the Municipal Code. The Zoning Ordinance does not have any regulations for overconcentration or distance separation between residential care facilities for six or fewer persons. Therefore, the requested use is allowed by right under the Zoning District.
General Plan Conformance
The San Jose 2040 General Plan Land Use Policy LU-9.4 allows small residential care and service facilities, supportive housing, and transitional housing for up to six persons in residential neighborhoods of any density. The proposed residential care facility is consistent with the General Plan in that it is a small residential care facility and is within an existing residential neighborhood.
HONORABLE MAYOR AND CITY COUNCIL
February 18, 2025
Subject: – Issuance of a State of California, Department of Social Services, Community Care License for a Proposed Adult Residential Care Facility Located at 3347 Dias Drive
Conclusion
The proposed residential care facility would cause an overconcentration of residential care facilities per the State’s definition. However, because the use is allowed by right under the Zoning Ordinance, there are no land use issues with the proposal. Therefore, the issue becomes whether or not there is a social service need for this type of facility.
Per the review and assessment by DSS, there are special local needs for this type of facility. See Attachment 2, Email correspondence with DSS. Therefore, staff would recommend City Council grant this overconcentration approval for the proposed residential care facility.
EVALUATION AND FOLLOW-UP
Should the City Council grant this overconcentration approval, DSS would be able to issue this new residential care facility license. No additional follow-up action with the City Council is expected at this time.
COORDINATION
The preparation of this memorandum has been coordinated with the City Attorney’s Office.
PUBLIC OUTREACH
Staff followed Council Policy 6-30: Public Outreach Policy, whereby the project is considered a small development proposal. Following City Council Policy 6-30, the applicant posted one on-site sign to inform the neighborhood of the proposed project on February 5, 2025. A notice of the public hearing was distributed to the owners and tenants of all properties located within 300 feet of the project site and posted on the City website. The staff report is also posted on the City’s website. Staff has also been available to respond to questions from the public, although no comments have been received. This memorandum will be posted on the City’s Council Agenda website for the March 11, 2025 City Council meeting.
COMMISSION RECOMMENDATION AND INPUT
No commission recommendation or input is associated with this action.
HONORABLE MAYOR AND CITY COUNCIL
February 18, 2025
Subject: – Issuance of a State of California, Department of Social Services, Community Care License for a Proposed Adult Residential Care Facility Located at 3347 Dias Drive
CEQA
Exempt pursuant to CEQA Guidelines Section 15301(a) for Existing Facilities.
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution.
/s/
Chris Burton, Director
Planning, Building, and Code Enforcement
For questions, please contact John Tu, Division Manager, for Christopher Burton, Director of Planning, Building & Code Enforcement, at [email protected] or (408) 535-6818.
ATTACHMENT:
1. Letter from DSS dated April 3, 2024
2. Email correspondence with DSS
Attachment 1 - Letter from DSS dated April 3, 2024
Attachment 1 - Letter from DSS dated April 3, 2024
[External Email. Do not open links or attachments from untrusted sources. Learn more] From: Nguyen, Hao@DSS
To: Johnson, Zachary
Cc: ZoningQuestions; Barrios, Anna@DSS; Thompson, Tracy@DSS; Wang, Angela; Nguyen, Hao@DSS Subject: RE: Response Needed: Overconcentration Letter - EVERGREEN WEST - DIAS – 435202944 Date: Wednesday, November 20, 2024 3:47:26 PM
Some people who received this message don't often get email from [email protected]. Learn why this is important
Good afternoon Zachary,
Thank you for your quick response and your city’s recognition that a use permit is not required for this type of residential use.
We are looking forward to your city’s decision for this much needed resource to your community for individuals with disabilities.
Best regards,
Hao Nguyen, Bureau Chief
Centralized Applications Bureau
Community Care Licensing Division
California Department of Social Services
744 P Street, MS 9-14-8201
Sacramento, CA 95814
(916) 651-5542
From: Johnson, Zachary <[email protected]>
Sent: Wednesday, November 20, 2024 3:43 PM
To: Nguyen, Hao@DSS <[email protected]>
Cc: ZoningQuestions <[email protected]>; Barrios, Anna@DSS <[email protected]>; Thompson, Tracy@DSS <[email protected]>; Wang, Angela <[email protected]>
Subject: Re: Response Needed: Overconcentration Letter - EVERGREEN WEST - DIAS – 435202944 Good afternoon Hao,
Thank you for reaching out.
Attachment 2 - Email correspondence with DSS
[External Email. Do not open links or attachments from untrusted sources. Learn more] We are not requiring a Use Permit. We are utilizing our Development/Use Permit Application because we do not have a specific application for this scenario.
The application was only utilized for the intake of the project.
City Council is the decision-making body in this scenario so the decision will be made at a City Council hearing.
The project is currently under review by Planner Angela Wang CC'd here.
If the applicant has any questions they can reach out to Angela.
Thank you,
Zachary Johnson, Acting Supervising Planner
Department of Planning, Building and Code Enforcement
City of San José | 200 E. Santa Clara St. 1st Floor | San José, CA 95113 408.535.7867 | [email protected]
www.sanjoseca.gov/planning
From: Nguyen, Hao@DSS <[email protected]>
Sent: Tuesday, November 19, 2024 3:34 PM
To: Johnson, Zachary <[email protected]>
Cc: ZoningQuestions <[email protected]>; Barrios, Anna@DSS <[email protected]>; Thompson, Tracy@DSS <[email protected]>; Nguyen, Hao@DSS <[email protected]>
Subject: FW: Response Needed: Overconcentration Letter - EVERGREEN WEST - DIAS – 435202944 Some people who received this message don't often get email from [email protected]. Learn why this is important
Good afternoon Zachary,
Attachment 2 - Email correspondence with DSS
I am the bureau chief of the Centralized Applications Bureau in Community Care Licensing at the Department of Social Services.
Thank you for your advisory below. For the 3347 Dias Drive property zoned as R-1.8, the use permit requirement appears to be contradictory to use permitting laws that strive to protect individuals with disabilities in conjunction with protected rights afforded in the American with Disabilities Act.
California’s Health and Safety Code section 1566.3 states that a “(a) six or fewer… shall be considered a residential use. (3) no conditional use permit, zoning variance, or other zoning clearance shall be required.” Additionally, your city’s own ordinances (ORD26248), please reference link page 11, distinguishes between a 6 bed or less residential care facility to that of a 7 or more. The 6 bed or less distinction is considered as preempted (“permitted by law” or “permitted by right”) to be compliant with the ADA, Fair Housing Act as well as other laws protecting individuals with disabilities and their right to live in their home communities.
https://records.sanjoseca.gov/Ordinances/ORD26248.pdf
We believe that the additional requirements for this single family dwelling to get a conditional use permit does not comply with established laws and rights for individuals with disabilities and request that your planning department reconsider your advisory and take a second look at our request to move forward with granting a license for this small family residential care facility.
Thank you for your reconsideration.
Regards,
Hao Nguyen, Bureau Chief
Centralized Applications Bureau
Community Care Licensing Division
Attachment 2 - Email correspondence with DSS
California Department of Social Services
744 P Street, MS 9-14-8201
Sacramento, CA 95814
(916) 651-5542
From: ZoningQuestions <[email protected]>
Sent: Thursday, October 24, 2024 1:42 PM
To: Barrios, Anna@DSS <[email protected]>
Subject: Re: Response Needed: Overconcentration Letter - EVERGREEN WEST - DIAS – 435202944 Hi Anna,
I checked with my Division Manager about your request and unfortunately my previous email was not accurate.
I apologize for the incorrect information. We do not commonly receive these requests and the process is not codified.
It turns out that the decision needs to be made by City Council.
You will need to complete our Development/Use Application:
https://www.sanjoseca.gov/home/showpublisheddocument/41005/638635678464870000 A submittal appointment can be scheduled here:
https://planningdepartment2.fullslate.com/services/34
Planning staff will review your request, analyze the proposed use, and produce a memo.
Then the proposed use will need to go before City Council for a decision to be made.
Thank you,
Zachary Johnson, Acting Supervising Planner
Department of Planning, Building and Code Enforcement
City of San José | 200 E. Santa Clara St. 1st Floor | San José, CA 95113 408.535.7867 | [email protected]
www.sanjoseca.gov/planning
Attachment 2 - Email correspondence with DSS
[External Email. Do not open links or attachments from untrusted sources.] From: Barrios, Anna@DSS <[email protected]>
Sent: Wednesday, October 23, 2024 1:45 PM
To: ZoningQuestions <[email protected]>
Subject: RE: Response Needed: Overconcentration Letter - EVERGREEN WEST - DIAS – 435202944
You don't often get email from [email protected]. Learn why this is important
Thank you!
Anna Barrios
Associate Governmental Program Analyst
Centralized Applications Bureau
Department of Social Services
Adult and Senior Care Programs
744 P Street, MS 9-14-8201
Sacramento, Ca 95814
833-827-6084 Main, 916-651-0336
Direct
916-651-7916 Fax
[email protected]
From:
ZoningQuestions <[email protected]>
Sent: Wednesday, October 23, 2024 1:43 PM
To: Barrios, Anna@DSS <[email protected]>
Subject: Re: Response Needed: Overconcentration Letter - EVERGREEN WEST - DIAS – 435202944
Hi Anna,
3347 Dias Drive is zoned R-1-8. In the R-1-8 zoning district "Residential care facility, six or fewer persons" is a permitted use.
Planning does not have an issue with the proposed residential care facility being within 300 feet of an existing residential care facility.
Thank you,
Attachment 2 - Email correspondence with DSS
[External Email. Do not open links or attachments from untrusted sources.]
Zachary Johnson, Acting Supervising Planner
Department of Planning, Building and Code Enforcement
City of San José | 200 E. Santa Clara St. 1st Floor | San
José,
CA
95113
408.535.7867
| [email protected]
www.sanjoseca.gov/planning
From: Barrios, Anna@DSS <[email protected]>
Sent: Monday, October 7, 2024 10:53 AM
To: ZoningQuestions <[email protected]>
Subject: Response Needed: Overconcentration Letter - EVERGREEN WEST - DIAS – 435202944
You don't often get email from [email protected]. Learn why this is important
Hello,
I am attaching a copy of the Overconcentration Letter for EVERGREEN WEST - DIAS, a pending adult residential facility, located at 3347 Dias Drive, San Jose, CA 95148. The original document was sent to your office by mail on 4/3/24.
The Department has determined that the proposed facility is a new adult residential facility and is 300 feet or less from an existing residential care facility; however, based upon local needs and conditions, the Department is requesting overconcentration approval from your agency. Please provide your agency’s response in writing within 45 days regarding your approval or request to deny this licensure based upon overconcentration. [HSC 1520.5(a-d)].
An email response is acceptable.
Thank you for your assistance!
Anna Barrios
Associate Governmental Program Analyst
Centralized Applications Bureau
Department of Social Services
Adult and Senior Care Programs
744 P Street, MS 9-14-8201
Sacramento, Ca 95814
Attachment 2 - Email correspondence with DSS
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
833-827-6084 Main, 916-651-0336 Direct
916-651-7916 Fax
[email protected]
Attachment 2 - Email correspondence with DSS