R-071-18 Upholding an Appeal of the Planning Commission's Decision (File Index No. DAP-001-447) to Deny a Conditional use permit (Cup) to Establish a Non Res Treatment Facility, Long Term for (2)

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City Council Resolution No. R-71-18 Page 5 of 8 1 2 8. Visitation for clients shall be limited to 9 a.m. to 7 p.m. seven days a week, unless otherwise amended by the granting of a modification of this Development Permit 3 Application for the Conditional Use Permit (File Index No. DAP-001-447) by the Planning Commission of the City of Colton. 4 9. This establishment must comply with the City of Colton Municipal Code Section 5 Performance Standards Title 18 (Zoning Code), Chapter 18.42 includes: Fire and 6 explosion hazards; electrical interference; noise; vibration; smoke; odors; air quality; light; glare; liquid; and solid waste. 7 10. The applicant or an employee of the licensee must be present to monitor all areas 8 of the establishment during all times that facility is in operation. 9 11. The Applicant and/or Property Owner shall comply with all requirements of all reviewing agencies and shall comply with all applicable local, state, and federal 10 rules, laws and regulations. In addition, the applicant shall provide documentation 11 of compliance with Community Care Licensing Division prior to acceptance of seven or more clients, subject to review and approval by the Development Services 12 Director. 13 12. The Applicant and/or Property Owner shall, at all times, maintain the property so 14 as not to constitute a nuisance in the community. 15 13. This action by the Planning Commission shall be final unless an appeal of the action is filed with the City Clerk's office in writing, pursuant to Section 18.58.100 of the 16 Colton Municipal Code. 17 14. This land use entitlement shall become null and void if not exercised within one (1) 18 year of this approval. 19 POLICE — CODE ENFORCEMENT DIVISION 20 15. Helping Hearts California is responsible to ensure that the safety of the residential neighborhood is maintained and not disrupted by their clientele. Under Olmstead, 21 "States are required to place persons with mental disabilities in community settings rather than in institutions when the State's treatment professionals have determined 22 that community placement is appropriate, the transfer from institutional care to a 23 less restrictive setting is not opposed by the affected individual, and the placement can be reasonably accommodated, taking into account the resources 24 available to the State and the needs of others with mental disabilities" (emphasis added). 25 16. The applicant must maintain trained personnel on site to evaluate the need for WIC 26 5150 evaluations as well as transport if necessary. This condition is not to dissuade 27 employees of the group home from calling police for emergency situations and/or when a client has become violent or uncontrollable requiring police involvement. 28 -5-