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Planning Director Patterson presented the staff report describing the issues considered for the basis of the approval of the Use Permit: 1) Supervision and Safety will be provided according to the State Community Care Licensing criteria, staffed and monitored 24-hours a day, screened before acceptance to the program, and mentally disabled adults to not present a danger to the neighborhood. The Use Permit is conditioned such that residents will not be allowed to move into the facility if they have been convicted of a violent crime or have a history of violence; 2) Property Values will not be affected according to the Mental Health Law Projectt whose published study states there is no evidence that licensed, non-profit, group homes decrease property values. The Use Permit is conditioned such that a building and landscaping maintenance program will be established for the property and is non-transferable. The proposed use of property is in conformance with the General Plan Housing Element and Human Services Element Goals and Proposals; 3) Parking for the proposed use is expected to have less impact on the neighborhood than the existing five-unit complex. Currently, Hawthorne House has 13 residents but only two have their own cars. 4) Track Record of other facilities evidenced no problems with licensed treatment centers such as Kainos, and should not be compared with problems experienced with board and care facilities such as 696 Upton which are not subject to state licensing nor local land use regulatory controls. In answer to Council questions, Mr. Patterson described state law exempting board and care homes with six or fewer residents from state and local regulations; stated that a Use Permit is conditionally permitted in R-4 districts; and advised that a determination under Redwood City Zoning Ordinance Article 9.4 Conditional Uses, had not been made, but the state licensing regulations are under nursing homes. City Attorney Schricker advised the justification for issuance of a Use Permit could be under the definition of nursing home, and also justification could be under rooming or boarding houses. Mr. Patterson answered that current zoning requires replacement buildings be single family dwellings; advised that there would be fewer parking spaces needed with the proposed 15 member community living center as few residents drive; described the zoning districts where Kainos homes are located; and advised that a Use Permit could be revoked at any time if non-compliance occurs. Council Members referred to the letter from Maureen and Gary Espinosa noting their concerns with insufficient staffing; parking problems; the imposition of a potentially dangerous element to the already unstable neighborhood; the affect on property values and full disclosure; misleading information contained in explanatory letters from Community Living Centers from "handicapped" to "severely mentally ill" for example; problems with 696 Upton Street and 231 Lincoln Avenue and the Jefferson House, with an officer from Redwood City Police Department describing 231 Lincoln (with 85 calls to the police over the last 2.5 years) as similar to Hawthorne House; and unavailability of sheriff's information regarding Hawthorne House. In response to Council questions, Planning Director Patterson stated that Sgt. Zirelli of the sheriff's department advised by phone there had been no complaints, but Mr. Patterson did not know the time frame Sgt. Zirelli used Regular Meeting Minutes Apri 1 20, 1992 MINUTE BOOK NO. 51 Page 5 Page No. 47 ...-..._.-.~......._..~........ ..-.