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1989-123-Approval To Operate A Care Facility/Group Home On Property In The "O" ZoneRESOLUTION NO: 1989 -123 RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEALS OF PLANNING COMMISSION APPROVAL TO OPERATE A CARE FACILITY /GROUP HOME ON PROPERTY IN THE "O" ZONE (15245 NATIONAL AVENUE - CEDAR RIDGE FACILITY) W11'.1 w3KNI A. Joan Banks and Thomas E. Wolf have filed appeals of the decision of the Planning Commission as follows: approval to operate a care facility /group home on property in the "O" zone located at 15245 National Avenue and owned by David F. Ellisor (Architecture and Site Application 5- 72 -162A and Conditional Use Permit Application U- 86 -2A); B. A public hearing was scheduled for June 5, 1989 and continued to and held on June 19, 1989 by the Town Council. BE IT RESOLVED: A. The Town Council hereby finds that no significant error occurred in the Planning Commission proceedings. B. The Town Council hereby further makes the following findings pursuant to Zoning Ordinance Section 5.20.210: 1. The proposed use of the property is desirable to the public convenience in that the type of care proposed is needed in the community and in the County. 2. The proposed use will not impair the integrity and character of this zone as it is similar in character to the previous use. 3. The proposed use will not be detrimental to the public health, safety and general welfare because the reduced number of beds should reduce traffic; parking is adequate for the number of beds; and noise can be mitigated. 4. The proposed use is in harmony with the elements and objectives of the General Plan in that the proposed use is in that the use offers human services needed by the community and fulfills some of the goals of the Human Services Element. C. Based on the foregoing findings, the appeals are hereby denied and Conditional Use Permit Application is hereby granted as modified with the following conditions: TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. Residents are prohibited from keeping vehicles on -site. 2. Maximum number of residents is limited to 45. 3. The site must maintain 27 parking spaces on -site. 4. The section of masonry wall adjoining the property line of the residence at the southwest corner of the property is to be seven -feet in height so as to provide an appropriate buffer. 5. There shall be no more than 25 staff members on -site at any one time. 6. A Tree Removal Permit is to be obtained prior to the removal of any trees. 7. Staff parking shall be prohibited on Jo Drive. Staff vehicles shall exhibit identifying parking stickers. 8. Applicant shall remove the game court from the rear of the property and relocate it inside the courtyard. TO THE SATISFACTION OF THE TOWN ENGINEER: 9. Parking and drainage plan must be provided before a Building Permit can be issued. 10. A two -year Maintenance Agreement shall be entered into for the protection of existing and newly planted landscaping. TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE SERVICES: 11. All tree care activities shall be accomplished by a licensed, competent tree care firm as approved by, and under the supervision of the Director of Parks, Forestry and Maintenance Services. 2 12. Prior to any construction or building permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning the need for protective fencing around the existing trees. A plan for such protective fencing demonstrating type and location shall be submitted to the Planning Director after being approved by the Director of Parks, Forestry and Maintenance Services. Such fencing is to be installed prior to, and be maintained during, construction. 13. Newly planted trees shall be double- staked, using rubber tree ties and shall be planted prior to occupancy. TO THE SATISFACTION OF THE TOWN ATTORNEY: 14. Applicant shall establish a written admission policy in accordance with Exhibit A attached hereto. 15. Applicant shall agree not to contract with the County Probation Department or similar entity or organization for the admission of patients. Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review for the Town Council decision is governed by California Code of Civil Procedure Section 1094.6. 3 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 10th day of July 1989 by the following vote. AYES: COUNCIL MEMBERS Thomas J. Ferrito Robert L Hamilton and Mayor Joanne Benjamin NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS Eric D. Carlson ABSENT: COUNCIL MEMBERS Brent N. Ventura SIGNED: MFIYOR OF THE TOWN OF LOS GATOS � ATTEST: CLERK OP° THF' TOWN OF LOS GATOS 0 CEDAR RIDGE ADMISSION CRITERIA The Cedar Ridge program is designed to serve boys and girls ages 10 -18. Admission criteria (patient should qualify in one or more of the following categories): 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Eating disorders Depression Self destructive and /or suicidal Learning disabilities Recovery from significant loss and /or parents' divorce Child abuse victim Major family conflict and communication problems School phobia Anxiety or Psychosomatic disorders Severe withdrawal Low self esteem Manic - depression disorder Medically stable for a minimum of 24 hours Selective child and adolescent emotional disorders which may include impaired reality testing, personality disorders, etc. Indications for non - admission include (one or more of the following categories): 1. Developmentally disabled 2. Family unwilling to participate in their 3. Primary diagnosis of drug and /or alcohol 4. Antisocial personality disorder, eg., delinquent, etc. 5. Mentally disordered sex offender 6. Clearly established pattern and history behavior toward others child's treatment abuse psychopathic, criminal, of physically aggressive 7. Medically stable for less than 24 hours, and /or requiring extensive medical care. Cedar Ridge will not contract with the Santa Clara County Probation Department, or like entity in other regions, for the purpose of facilitating juvenile court placed referrals. EXHIBIT W