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AGENDA
ITEM NO. 2
DATE: July 9, 2024
 

PLANNING DEPARTMENT STAFF REPORT

SUBJECT

CONDITIONAL USE PERMIT NO. 24-01 
CATEGORICAL EXEMPTION 
APPLICANT: Imelda Julian 
LOCATION: 1816 E Merced Ave. 
REQUEST: The applicant is requesting approval of a Conditional Use Permit (CUP), to allow the use of a congregate living health facility within an existing 3,705 square foot single family residence in the "Residential Single Family" (R-1) zone, currently being used as an adult care facility with no more than 6 beds. 

BACKGROUND

The subject property  is located on the south side of East Merced Avenue, just east of its intersection with South Azusa Avenue. 
 
ITEM  DESCRIPTION
Zoning and General Plan  Zoning: Residential Single Family (R-1) 
General Plan:  Neighborhood- Low Density Residential
Surrounding Land Uses and Zoning  North:  Neighborhood- Low Density Residential; Residential Single Family (R-1) 
East:  Neighborhood- Low Density Residential; Residential Single Family (R-1) 
South:  Neighborhood- Low Density Residential; Residential Single Family (R-1) 
West:  Neighborhood- Low Density Residential; Residential Single Family (R-1) 
Current Development  Single Family Residence used as a licensed congregate living health facility with no more than 6 beds
Legal Notice  Public Hearing notices have been mailed to 62 owners and occupants of properties within 300 feet of the subject site. In addition, the Public Hearing notice was published in the San Gabriel Valley Tribune at least ten (10) days prior to the meeting.

DISCUSSION

The applicant is requesting approval to operate a congregate living health facility (Oasis Congregate Living Healthcare Facility). The facility applied for State licensing in 2021 and started to operate in July 2023. The facility is operating with six (6) beds and is proposing to add six (6) more beds (12 total beds) which will occupy three (3) existing rooms. The facility received State approval to serve two (2) ambulatory and eight (8) non-ambulatory clients (10 total). Since the facility does not have a CUP, the West Covina Municipal Code limits the capacity to six (6) beds/clients. If the CUP is approved, the applicant will obtain State approval to increase their licensed capacity to 12 beds. 

The interior of the single family residence includes a garage, 6 bedrooms, 4 bathrooms, a kitchen, a laundry room and two (2) living rooms. The type of care provided will include oxygen therapy, tracheostomy/ ventilator care, wound and post-surgical care, pain management, IV therapy, rehabilitation services (physical, occupational, and speech therapy), respiratory therapy, internal feeding, dietary services, radiology and laboratory services, bowel and bladder training, and gastrostomy or ileostomy care. 

Business Operation
The business is currently operating with 6 beds/residents. The applicant indicated that the facility is open seven days a week. Visiting hours are 11am to 8pm, Monday through Sunday. Visiting is limited to 2-4 family members per resident to be inside the room. The facility currently has a Licensed Vocational Nurse (LVN), a Certified Nursing Assistant (CNA),or a Care Giver per shift. With the proposed capacity increase there will be three (3) employees at any given time, and this includes a Licensed Vocational Nurse (LVN), and two (2) Certified Nursing Assistants (CNA). 

The applicant submitted a business operation plan that includes information clarifying availability of staff onsite, such as the following:
  • The cook works an 8-hour morning shift only.
  • The Registered Nurse visits twice a week for 2 hours per visit. 
  • The Medical Director makes a monthly visit and has 24/7 phone availability.
  • The facility administrator works 20–30 hours per week.
Parking
The WCMC requires one (1) parking space per two (2) beds for Convalescent homes. The required number of parking spaces for the subject site is six (6) parking spaces. The subject site will provide six (6) parking spaces, meeting the minimum number of required parking spaces. The applicant and/or business operator shall work with staff to address any parking issues. In the event where issues remain unresolved, the Planning Commission shall review the CUP for the use and may, at its discretion, modify or impose new conditions.

REQUIRED FINDINGS

The findings necessary for approval of a Conditional Use Permit are as follows:

a. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community.
The proposed use is desirable for the community because their services allow access to long-term care without discrimination, provides a single standard of care and a collaborative interdisciplinary team approach to healthcare. 

b. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.
The facility will occupy an existing single family residence. The facility operates 24/7 and has visiting hours that are Monday- Sunday, 11am-8pm. With the Conditions of Approval, the proposed facility will not be detrimental to the health, safety, peace or general welfare of surrounding residents or business owners. 

c. That the site for the proposed use is adequate and is so shaped as to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to adjust said use to the land and uses in the neighborhood and make it compatible there with.
The existing building site is adequate and designed to accommodate the proposed facility. As conditioned, sufficient parking exists on the site to accommodate the facility. 

d. That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as to guarantee that such generations will not be channeled through residential areas on local residential streets.

The subject property is located on the south side of East Merced Avenue, east of its intersection with South Azusa Avenue. The site can be accessed via East Merced Avenue. The facility will not generate a substantial amount of vehicular traffic nor alter present circulation patterns. 

e. That the granting of such a conditional use permit will not adversely affect the general plan of the city, or any other adopted plan of the city.
Adult care facilities are considered residential uses and are consistent with the Neighborhood- Low Density general plan land use designation. Therefore, the proposed facility would not compromise the character of the surrounding neighborhood nor be detrimental to the surrounding land.

ENVIRONMENTAL DETERMINATION

Pursuant to the California Environmental Quality Act (CEQA), the proposed project is deemed categorically exempt, pursuant to Section 15301 (Class 1, Existing Facilities) as minor alterations of the existing structure in order to operate the requested use.

LEGAL REVIEW:

Staff recommends that the Planning Commission adopt Resolution No. 24-6149 approving Conditional Use Permit No. 24-01.

OPTIONS:

Plans may be viewed at the West Covina City Hall Planning Division Counter at 1444 W. Garvey Avenue South, 2nd Floor - Room 208, West Covina CA 91790.
Submitted by:
Jerry Rivera, Assistant Planner

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