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HomeMy WebLinkAboutMINUTES - 12051989 - 2.6 CZ t. TO: BOARD OF SUPERVISORS Oon}} ra FROM: HARVEY E. BRAGDON, CWla DIRECTOR OF COMMUNITY DEVELOPMENT Cainty DATE: December 1 , 1989 SUBJECT: Findings And Revised Conditions Of Approval On Board Action On The Granting Of The Volunteers Of America Appeal On A Proposed Homeless Shelter In The Martinez Area (File #3014-89.) SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Adopt the attached findings including the revised conditions of approval. JUSTIFICATION FOR PROPOSED ACTION On November 14 , 1989 the Board of Supervisors Approved the appeal of the Volunteers of America and sustained the County Planning Commission approval with modifications. At the same time, the Board denied appeals from the City of Martinez and Citizens for a Safe Martinez on the adequacy of the review and on the findings including the project itself. The attached draft findings including revised conditions of approval are submitted for Board review and adoption. LEGAL OPINION OF REMOVAL OF CHURCH EMBLEMS Attached is a memo from County Counsel responding to the Board request for -a legal opinion on the objections of Volunteers of America to the requirement to 'remove existing exterior religious symbols from the church. The memo indicates the State law limits .the ability of local jurisdictions to prohibit such displays, unless some valid objective reason exists for this restriction. f To avoid a possible violation of State laws, this requirement has been deleted from the final conditions of approval. The attached conditions still provide for 'prior review' and approval of any new signage. CONTINUED ON ATTACHMENT: YES SIGNA 4 a. RECOMMENDATION OF COUNTY ADMINI TRATOR REC F.OF.:. .B, COMMITTEE APPROVE OTHER 4 SIGNATURE(S) : ACTION OF BOARD ON December 5, 1989 APPROVED AS RECOMMENDED X OTHER The Board approved the above recommendation and adopted Resolution No. 89/769, dated December 5, 1989. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: 1 , IV R V NOES I I g, , I I ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF q.' SUPERVISORS ON THE DATE SHOWN. cc: Community Development (Oriq. ) ATTESTED December 5, 1989_ _ PHIL ,BATCHELOR, CLERK-OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY L12:volunt.bo RHD/df COUNTY COUNSEL'S OFF/CE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: November 30, 1989 To: Board of Supervisors From: Victor J. Westman, County Counsel Re: Volunteers of America Development Plan Application #3014-89 Concerning the above-noted pending application, this office was asked at the Board of Supervisors' 11-14-89 meeting to comment on proposed Condition of Approval 17B. This condition would require the applicant at least 30 days prior to occupancy to provide for the "removal of all church signs and emblems" from the exterior of the proposed "rehabilitative shelter for homeless men and women" . Government Code S 65008(b) states that the County in the administration of its zoning ordinances shall not prohibit or discriminate against any residential or emergency shelter because of the religion of the owners or intended occupants . Therefore, unless some valid objective reason exists for this condition, it is suspect and may violate the prohibition of the Government Code S 65008(b) . The County (when executing its zoning powers) may require that this type of facility have adequate exterior signs to identify its use. Subsection (c) of proposed Condition 17 requires County review and approval of any new signs proposed by the applicant prior to their installation. Finally, the County in connection with any funding contracts it may enter with the operator of the proposed facility) can limit religious use of the facility (or its exterior) if County funds would be used to support the existence of the facility. Of course, such a condition in a grant fund contract would not violate the provisions of Government Code section 65008(b) , because it would not be any action taken by the County in connection with the enactment or administration of its zoning ordinances. If we may be of any further assistance, please advise. VJW:df df4:vjw\memo\zone 2.6 b THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DATE: December 5, 1989 MATTER OF RECORD --------------------------------------------------------------------- --------------------------------------------------------------------- SUBJECT: Findings and Revised Conditions of Approval on the Granting of the Volunteers of America Appeal and the Denial of the Citizens for a Safe Martinez and the City of Martinez on a Proposed Homeless Shelter on Shell Avenue in the Martinez Area, Development Plan 301.4-89 The Board had before it this day for final approval Findings and Revised Conditions of Approval on the Granting of the Volunteers of America Appeal and the Denial of the Citizens for a Safe Martinez and the City of Martinez on a proposed homeless shelter in the Martinez area. The following persons appeared to speak on the aforesaid item (Determination Item 2. 6) : Ray Ulmer, 1357 Peach Street, Martinez George Mitas, 25 Goree Court, Martinez Doug Case, 2300 Martinez Avenue, Martinez Pamela King, 25 Goree Court. Martinez Cherly Grover, 916 Palm Avenue, Martinez Dan Maher, 505 Palm Avenue, Martinez Amber Johnson, 285 S. Crest Avenue, Martinez Doug Klink, 1320 Peach Street, Martinez Cindy Bandrowsky, 4850 Starflower Drive, Martinez, (presented a petition consisting of 55 pages which she advised contained approximately 1500 signatures of county residents urging the Board to reconsider the Shell Avenue site. ) Fred Meeves, Realtor, 1304 Shell Avenue, Martinez Art Cook, 620 Las Juntas, Martinez (Martinez Chamber of Commerce) City of Martinez Police Chief Robert Markwith Lawrence Emerson Gault, 801 Main Street, Martinez Supervisor Fanden advised that she found the findings to be faulty and inadequate and spoke against the motion to approve the findings, expressing her various concerns for the neighborhood and the children living there, and urged the Board to look further for a suitable site for a shelter. The Board thereupon adopted Resolution No. 89/769 adopting the findings and revised conditions for the subject matter. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 5 1989 , by the following vote: AYES: Supervisors Powers, McPeak and Torlakson NOES: Sunervisors Fanden and Schroder ABSENT: None ABSTAIN: None RESOLUTION NO. 89/ 769 SUBJECT: In the Matter of Adopting Findings in the Approval of the Appeal Filed by Volunteers of America and in the Denial of the Appeals Filed by the Citizens for a Safe Martinez and City of Martinez, pertaining to a proposal to establish a Rehabilitative Shelter for Homeless Individuals (File DP3014-89) in the Martinez Area. WHEREAS, on May 16, 1989 the Board of Supervisors considered a request for waiver of a development plan for a proposed rehabili- tative shelter, and after reviewing the matter, the Board voted to deny the waiver request and to require submission of a development plan application for noticed public hearing before the County Planning Commission; and WHEREAS, on May 22, 1989 an application for development plan approval to conv6rt an existing church, at 41391 Shell Avenue in the Martinez area, to a rehabilitative shelter for men and women with a maximum occupancy of 66 individuals, was received by the Community Development Department; and WHEREAS, in accord with State and County Guidelines of the California Environmental Qualify Act (CEQA) , an initial environmental study was conducted on the proposed project which concluded that it would not generate any potential environmental impacts, and accordingly, a Negative Declaration was issued and posted for this project on May 31, 1989; and WHEREAS, on June 8, 1989 the City of Martinez filed an appeal of the Negative Declaration determination; and WHEREAS, the County Planning Commission considered the proposed rehabilitative shelter at several public hearings, the first of which was conducted on June 13 , 1989; and WHEREAS, on September 26, 1989 the County Planning Commission approved the proposed rehabilitative shelter subject to the requirement that occupancy be limited to women only and not in excess of 35 women; and WHEREAS, the findings of the County Planning Commission review are contained in Commission Resolution #47-1989 attached as Exhibit A; and WHEREAS following the Commission action, three more appeals were filed on the approval action by Volunteers of America, City of Martinez and Citizens for a Safe Martinez (James F. Beiden) ; and WHEREAS, on November 14, 1989 after providing notice as required by law, the Board of Supervisors reviewed and considered the four appeals, staff reports, written and oral testimony and exhibits received at the public hearing; RESOLUTION NO. 89/769 2 WHEREAS, this Board, having reviewed the correspondence and testimony from Citizens for a Safe Martinez, the City of Martinez, other agencies, groups and individuals describing concerns that the proposed shelter might increase crime rates and diminish property values in the neighborhood; and WHEREAS, this Board, having reviewed the reports of the County Sheriff-Coroner' s Office and City of Martinez Police Department comparing the shelter to the temporary shelter that was recently operated at the Concord National Guard Armory and expressing concern that similar crime and security concerns would result from the proposed shelter, and thereby increase demand for police service calls to the neighborhood; NOW, THEREFORE, BE IT RESOLVED that on November 14, 1989 the Board of Supervisors DENIED the appeals on the adequacy of the environmental review conducted on this project and found that the Negative Declaration determination is appropriate for this project insofar as the project has no potential for generating any potential environmental impacts; further, this Board found that the concerns expressed about purported traffic and parking impacts from the project to be invalid insofar as the project residents will be almost entirely reliant on public transit facilities as a means of transportation, and that private vehicles using the site will be largely restricted to those few owned by shelter staff and those associated with the delivery of goods and services to the shelter; and BE IT FURTHER RESOLVED that this Board finds that the comparisons made by project opponents to the former Concord shelter (and other local shelters) are not valid insofar as the Concord shelter was run as an "open shelter" in which no screening procedures were practiced, whereas the approved shelter will be highly selective in the types of individuals who are eligible for admission (e.g. , the individuals must have a goal-oriented capability) ; and BE IT FURTHER RESOLVED that this Board finds that the crime and security problems associated with the Concord shelter and other local shelters will not recur with the approved shelter because: 1) The screening procedures will only-' accept individuals as client-residents who are likely to conduct themselves in an orderly and civil manner, and who would not be disruptive to either the neighborhood or . to the operation of the shelter; 2) The program will create an environment for the residents that will discourage activities or behaviors that might be . objectionable to neighbors. From the time of their admission, the client-residents will be required to develop and follow individualized programs to assist their progress in establishing self-sufficiency. Each program will provide for a schedule with a complete set of daily activities (counseling, training, work programs) to keep the clients pre-occupied with attaining the objective of becoming a self-reliant member of mainstream society. 3 ) The imposed conditions require that the shelter operator initiate prior and on-going coordination with local police agencies. The coordination is intended to establish and maintain shelter conditions that will promote neighborhood security. In so doing, real and perceived security risks, and attendant demand for police services, associated with the shelter will be no greater than those associated with other existing uses RESOLUTION NO. 89/769 3 in the neighborhood, and are likely to be considerably less. BE IT FURTHER RESOLVED that the Board of Supervisors ' DENIED the appeals on the merits of the development plan application filed by Citizens for a Safe Martinez and City of Martinez; and BE IT FURTHER RESOLVED that the Board of Supervisors GRANTED the appeal filed by Volunteers of America (VOA) and SUSTAINED ' the approval of the County Planning Commission subject to the modifi- cations generally described below: The gender restrictions on eligible client residents are eliminated; The occupancy limit is initially set at 35 persons with provision for the possibility of increasing the occupancy to a maximum of 54 persons; After one year of operation, the Board of Supervisors shall review the success of the shelter in establishing and maintaining neighborhood compatibility in complying with conditions of approval; and the Board may further modify the project requirements at that time; - Restrictions on exterior religious symbols are eliminated based on the legal opinion contained in the November 30, 1989 memo from County Counsel, and recommendation from the Director of Community Development; - Limited provision for on-site client parking as requested by VOA; - Rejection of the VOA request to modify the screening proce- dures; compliance with the Social Services Department contract; and advisory board composition requirements of the Planning Commission; and BE IT FURTHER RESOLVED that the forementioned modifications described above are incorporated in the attached revised conditions of approval attached as Exhibit B; and BE IT FURTHER RESOLVED that the Board of Supervisors finds that the above modifications can be accommodated without any risk that the approved activity could be incompatible with or a danger to the neighborhood; and BE IT FURTHER RESOLVED that the approved shelter satisfies all of the findings required for development plan applications as specified in Section 84-50. 1606 of the Ordinance Code as provided below: 1 . Required Code Finding: The application shall be consistent with the purpose of the Retail-Business District. Board Finding: The proposed application is consistent with the Retail-Business zoning affecting this site insofar as the approved shelter constitutes an eleemosynary use which is one of the uses expressly permitted within the R-B district. It is also consistent with the Retail-Business General Plan designation for this site. 2. Required Code Finding: The application shall be architec- turally compatible with other uses in the vicinity, both inside and outside the district. Board Finding: The approved shelter involves only minor exterior changes to the existing structures on the property. RESOLUTION NO. 89/ 769 4 No improvements have been approved that would be incompati- ble with nearby uses. BE IT FURTHER RESOLVED that this Board makes the following findings and supporting findings concerning this proposed shelter application: 1. Finding: The approved shelter shall not be detrimental to the health, safety and general welfare of the County. Supporting Finding: The approved shelter must satisfy all health and structural code requirements prior to commencement of operations. Moreover, the applicant is required to work closely with local police agencies to endeavor to resolve the concerns of those agencies. This coordination is to begin prior to the commencement of shelter operations and extend for the duration of the shelter. During the initial start-up, the operation will be monitored by the County. The shelter will only be allowed to use a portion of the approved potential capacity ( 54 persons) . The applicant will not be able to attain the maximum potential capacity unless he can substantiate on the basis of operational experience that the expanded occupancy will be compatible with the surrounding uses. Further, after one year' s operation the shelter shall be reviewed by the Board of Supervisors to assess any concerns with the shelter operation, and to impose appropriate corrective measures. At that time, the shelter operation may be modified to allow habitation of the existing resi- dence by program client/residents. 2. Finding: It shall not adversely affect the orderly development of property within the County. Supporting Finding: The approved shelter will be compatible with nearby existing uses. The 1975 Vine Hill/Pacheco General Plan provides for residential, commercial and industrial uses in the vicinity. The improvements to the exterior of the church (painting and landscaping) will enhance the attractiveness of the neighborhood and encourage the development of other nearby properties in an orderly fashion. The shelter will not interfere with the provision of urban services ( sewer, water, fire protection, etc. ) to the neighborhood and community. The community services and facilities necessary to meet the demands of the shelter program are already present. 3 . Finding: It shall not adversely affect the preservation of property values and the protection of the tax base within the County. Supporting Finding: The approved shelter is required to satisfy a number of operational conditions to assure that the use will neither become detrimental to the value of nearby properties, nor the County tax base. Due to its conspicuous location, the shelter structure is already a local landmark. Exterior improvements will be required to enhance the appearance of the structure, which will benefit the neighborhood as a whole. The mere presence of a full-time round-the-clock supervising staff will help prevent the structure from becoming an attractive nuisance 4. Finding: It shall not adversely affect the policy and goals of the general plan. RESOLUTION NO. 891169 5 Supporting Finding: The approved shelter constitutes an eleemosynary use which is expressly identified as a permitted use in the Retail-Business zoning that has been applied to this site. The Retail-Business zoning conforms with the Retail-Business designation applied to this site in the 1975 Vine Hill/Pacheco General Plan. Based on these considerations, the approved shelter will not adversely affect the policy and goals of the general plan. 5. Finding: It shall not create a nuisance and/or enforcement problem within the neighborhood or community. Supporting Finding: As stated above, the applicant will be required to comply with a number of operational require- ments. In many ways, the shelter program will probably adhere to more restrictive social norms than are observed in many of the surrounding residences and businesses. Clients will only be sent to the shelter after they have passed a screening process to be conducted outside the neighborhood. Clients must maintain sobriety and a drug-free condition while a resident of the program or face mandatory eviction. An advisory board must be established with representation from the neighborhood to regularly review shelter operations and advise the operator on maintaining harmonious relations with the neighborhood. The program will be reviewed after one-year to analyze and address any neighborhood compatibility issues. Based on these considerations, this Board finds that the shelter will neither become a nuisance nor an enforcement problem. 6. Finding: It will not encourage marginal development within the neighborhood. Supporting Finding: The approved shelter will be compatible with existing uses in the neighborhood. Required exterior improvements will help maintain it as one of the more attractive buildings in the neighborhood. Thus, approval of this project will not draw less desirable development to the community. 7. Finding: Special conditions or unique characteristics of the subject property and its location or surroundings are established. Supporting Finding: This site is uniquely suited for the approved shelter in at least three respects. First, the site has an existing church structure on it with a large assembly hall which is suited for conversion to the type of group residential quarters that the operator is able to utilize. The structure also contains a large kitchen suitable for preparing the meals of the residents. Second, the site is conveniently located relative to transit facilities and employment opportunities in the community. Finally, the existing church structure limits the development of other uses on the property. A shelter is one of few uses that could make effective use of this property. In the absence of the shelter, the building might remain unused and become an attractive nuisance to the neighborhood. BE IT FURTHER RESOLVED that the approved project is CONSISTENT with the County' s adopted "Criteria for Homeless Shelter Site Selection" which are attached as Exhibit C; that the approved project satisfies the neighborhood compatibility and acceptance criteria of this policy based on the public review process on this project which has involved numerous individuals, private groups and public agencies; the input from these parties has been used to place appropriate controls and restrictions on the operation to assure that the shelter will be compatible with the RESOLUTION NO. 89/ 769 6 neighborhood; and said Criteria policy is hereby modified (if necessary) to be consistent with this approach. i,tweby certiy that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. A► TESTE& December 5, 1989 PHIL BATCHELOR.Clerk of the Board of Supervism and County Administrator By .Deputy RD/aa BDII/3014-89.RES Attached Exhibits A. County Planning Commission Resolution #47-1989 B. Revised Conditions of Approval per Board of Supervisors Review C. Adopted County Criteria for Homeless Shelter Site Selection Orig. Dept. : Community Development cc: County Counsel Social Service RESOLUTION NO. 89/ 769 �flt� IT Resolution No. 47-1989 RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, REGARDING REVIEW OF THE VOLUNTEERS OF AMERICA PROPOSED REHABILITATION SHELTER FOR HOMELESS INDIVIDUALS (FILE 03014-89) , IN THE MARTINEZ AREA OF SAID COUNTY. WHEREAS, on May 16, 1989 , the Board of Supervisors conducted a public hearing on a request by THE VOLUNTEERS OF AMERICA to waive the development plan application requirement for a proposed rehabilitative center for homeless individuals within a church structure at the corner of Shell Avenue and Pacheco Boulevard in the Martinez area; and WHEREAS, after taking testimony, the Board of Supervisors DENIED the waiver request and directed that an application be required for the project and because of the degree of public inter- est in the project, directed that the application be heard by the Contra Costa County Planning Commission; and WHEREAS, on May 22, 1989, a development plan application, File #3014-89, was filed by The Volunteers of America to convert the above described church to a rehabilitative shelter with an occupan- cy for 50 men and 4 women; and WHEREAS, in accord with the County and State of California En- vironmental Quality Act Guidelines, an initial Environmental Study was conducted by staff which determined that the project would not create any potential adverse environmental impacts and a Negative Declaration was accordingly posted on May 31, 1989; and WHEREAS, prior to any hearing on the application, the City of Martinez appealed the Negative Declaration determination of staff in a letter dated June 8 , 1989 ; and WHEREAS, after providing notice, as provided by law, the County Planning Commission reviewed and considered the application, staff reports, written and oral testimony and exhibits received at the public hearings on June 13 , July 11, August 22 and September 12; and WHEREAS, at the meeting of September 12 , 1989 , a motion to APPROVE the shelter as proposed for an occupancy primarily consist- ing of adult men program residents failed to pass for lack of a majority; and WHEREAS, the Commission continued the matter to the September 26, 1989 meeting to request that staff develop recommended conditions for a shelter at the site whose occupancy would be restricted to adult female program residents only; and _ Resolution No. 47-1989 NOW, THEREFORE, BE. IT RESOLVED that the County Planning Commission APPROVES File #3014-89, allowing establishment of a rehabilitative shelter at the subject site but with the modification that the occupancy be limited to a maximum of 35 adult women; and BE IT FURTHER RESOLVED that the basis for the Commission's action includes the following findings: 1. An all-female resident population with a reduced occupancy level will reduce possible neighborhood security concerns associated with the shelter to negligible levels. 2. The approved shelter as modified by the Commission's action will be compatible with the neighborhood. The shelter will be periodically monitored by the Community Development Department and Planning Commission to resolve any issues that might arise. 3. The approved female shelter at this site is in accord with the intent of the Retail-Business Zoning District. The instructions by the County Planning Commission to prepare this resolution was given by motion of the Commission on Tuesday, September 26, 1989, by the following vote: AYES: Commissioners - Lane, Accornero, Woo. NOES: Commissioners - Helene T. Frakes. ABSENT: Commissioners - Carmen Gaddis. ABSTAIN: Commissioners - None. I , Eric E. Lane, Chair of the Planning Commission of Contra Costa County, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Wednesday, November 1 , 1989, and that this resolution was duly and regularly passed and adopted by the following vote of the Commiss- ion: Resolution No. 47-1989 AYES: Commissioners - Woo, Gaddis, Frakes, Lane. NOES: Commissioners - None. ABSENT: Commissioners - Emil Accornero. ABSTAIN: Commissioners - Richard Clark c,Marvin Terrell . ssion, Co tra Costa County, State of C if rnia. AraCos te Planning ission, County, State of California. EXHIBIT B CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3014-89 CVolunteers of America) PER BOARD OF SUPERVISORS APPROVAL: General 1. This application is approved for a rehabilitation shelter as generally de- scribed in the May 22, 1989 letter, memorandum and site plans accompanying the application. Occupancy shall initially be limited to a maximum of 35 individuals (male or female) . After three months of operation, the Zoning Administrator may approve an increased occupancy up to a maximum of 54 in- dividuals in accord with Condition #9 below. The shelter shall follow the described goal-oriented program of assisting individuals into self-suffi- cient life styles. In accord with the ordinance requirements, the approved shelter must com- mence operation or material improvements within one year of the Board of Supervisors approval action. This period may be extended one year by the Zoning Administrator on prior written request by the applicant. Operational Restrictions 2. Clientele (program residents) admitted to the shelter shall be by referral only from the Department of Social Services who shall screen candidates at a site outside the neighborhood. The screening procedure shall be in ac- cord with the process described in the Cornerstone Program Description dated July 5, 1989. The Department shall determine that a referral : A. Has no need for psychiatric treatment; B. Has not been convicted of any violent crimes within the past five years; C. Has no uncontrolled substance abuse problem or substance abuse con- viction within last two years, nor any evidence of intoxication at time of screening. D.. Is not known to carry illegal weapons or weapons requiring registra- tion. These findings shall be documented and shared with the applicants. 3. In the event that evidence is found that a program resident is under the influence of alcohol or an illicit drug, that individual shall be immedi- ately evicted from the shelter and transferred by motor vehicle to another shelter facility or service provider. 4. The applicant shall diligently attempt to develop and maintain good and respectful relations with nearby residents and businesses, and shall coun- sel and restrict clientele accordingly. 5. All outdoor activities shall be subject to review and approval of the Zon- ing Administrator. _ t 2. 6. The operation shall comply with the terms of the contract to be executed with the Social Service Department. 7. At least 30 days prior to occupancy, the applicant shall submit evidence that he has diligently attempted to coordinate police-incident recording methods with the Martinez Police Department and Sheriff's Department. Co- ordination will address proper documentation of all shelter-related police activities; and continuing education of the community regarding proper re- porting techniques and other areas of common concern. Also, the applicant shall diligently attempt to establish a 5-member board to advise on shelter operations with the following composition: Volunteers of America (2 members) Neighborhood residents (2 members) Department of Social Service (1 member) B. Parking of client automobiles on the property of the shelter program shall be limited to no more than two vehicles. Shelter residents shall agree to the inspection and search of these vehicles for weapons and dangerous sub- stances by shelter staff as a condition of their being parked on the prop- erty. Other than the foregoing, there shall be no parking by the project resi- dents in the vicinity of the site. The applicant shall provide other ap- propriate parking arrangements or other means of transportation for the project residents which shall be submitted for review and approval by the Zoning Administrator prior to occupancy. Performance Reports 9. After at least three (3) months operation of the shelter, the applicant may request an expansion in the permitted occupancy from 35 clients to a maxi- mum of 54 clients. The request shall be submitted to the Zoning Adminis- trator and shall be accompanied by a report from the applicant. The report shall address: A. The applicant's degree of success in satisfying the conditions of this permit. B. The success of the program in satisfying its objectives. C. Any comments from the Sheriff's Office, City of Martinez Police De- partment, or local neighborhood liaison group (the applicant shall provide evidence of having solicited comments of these organizations) and Community Development Department, and the applicant's response to those comments. The request for expanded occupancy shall be subject to the review and ap- proval of the Zoning Administrator. No expansion of occupancy shall be 3. permitted unless the Zoning Administrator finds that the proposed expansion will be compatible with the neighborhood. 10. One year following commencement of the shelter operation, the applicant shall submit a report to the Community Development Department. The report shall contain the same information as the report format described in Con- dition #9. The report shall be submitted at least 12 months, and no later than 15 months, after commencement of the shelter operation. The report shall be reviewed by the Community Development Department. The report shall be forwarded to the Board of Supervisors with a recommendation from the Director of Community Development. The Board shall conduct a public hearing on the operation of the shelter. The purpose of the review will be to evaluate any compatibility problems with the neighborhood and determine the appropriateness of its continued operation. In reviewing the shelter, the Board may make modifications to the opera- tional and improvement requirements of this permit. 11. Use of the residential structure (former parsonage) shall be limited to residency of the families of salaried staff members and other accessory functions. No habitation by program residents shall be permitted. After the one year review described in Condition #10, the Board may elimi- nate the prohibition on use of the residence for occupancy/habitation by program clients. 12. Prior to occupancy, the applicant shall develop and submit a structural 24-hour a day program schedule to guide the activities of program residents for the review and approval of the Zoning Administrator. 13. At least one salaried staff person shall be on duty at the shelter at all times. Physical Improvements 14. The property shall be inspected for safety code violations. If any viola- tions are identified, the structure shall be brought into compliance prior to occupancy. 15. At least 30 days prior to occupancy, the applicant shall submit a landscape and outdoor lighting plan for review and approval of the Zoning Adminis- trator. Proposed trees shall be a minimum 15 gallons in size; bushes shall be a minimum 5 gallons. Low level lighting shall be provided at parking areas and walkway, and shall be oriented so - as not to shine on adjoining properties. Approved landscaping and lighting shall be installed prior to occupancy, and shall be maintained in good condition at all times. 16. At least 30 days prior to occupancy, the applicant shall submit an exterior appearance improvement plan for the review and approval of the Zoning Ad- ministrator: