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(54, but that,, if this practice were to change in the future and residents would able to leave the 65 building freely, this requirement would become applicable at that time and the facility 66 would have to find a way to meet this requirement at that time. Some members of the 6 7' City Council were uncomfortable with this position as it left open the possibility that a 68 facility with different cultural practices would either be forced to scale back (or even 69 close) or to operate—illegally—in some degree of noncompliance with this open space 7'0 provision. Although the City Code does not define "usable open space,"' Planning 7'1 Division staff has conservatively conceived of it as places where people can walk around, 7'2 sit on benches,, lawn bowl,, or the like. Practically speaking, such features as a rain garden 7`3 or a perennial bed are not being counted as "usable"' even though those features are 74 conventionally considered as attractive open space. 7'5 7.2 The proposed 44-bed facility would require 6,600 square feet of usable space to meet the 7'6 requirement; during the July 25th City Council meeting, Planning Division staff was 7 . .... 7' unsure of how much open space was included in the proposed site plan. Planning 7'8 Division staff has prepared an illustration, based on the applicant's landscape plan, of the 7'9 usable open space contained in the proposal; this illustration is included with this staff 80 report as Attachment F. The secure patio area on the south side of the building comprises 81 about 970 square feet, and the yard to the north and east of the building has another 3,665 82 square feet,, for a total of 4,635 square feet (or about 70% of the total requirement). 8'3 7.3 In order to achieve the full 6,00 square feet of open space, the applicant has investigated &4 the possibilities of obtaining a 99-year lease or permanent vacation of the adjacent Dale 85 Street right-of-way to include it as part of its legal yard space, and of reconfiguring the 86 northern row of parking stalls with a sort of turf "paving"' system that looks like lawn 8 7' space but that can accommodate vehicles without damage to the ground. Planning 88 Division staff continues to believe,, however,, that the answer lies in the Dale Street right- 89 of-way—with or without a vacation or long-term lease. As part of an approval of the 90 proposed CONDITIONAL USE,, the applicant would be required to restore the entire right-of- 91 way with turf grass and a sidewalk. This right-of-way lawn, being contiguous with the 92 assisted living property, will be maintained by the assisted living facility exactly as any 9'3 one-family homeowner maintains the right-of-way in front (and, perhaps, to the side), of 94 his or her house. Homeowners do this not just because it is required of them, but also 95 because they use the right-of-way as an integral part of their own yard. The same is true 96 in the present situation.- the grassy right-of-way will have the outward appearance and 9 7' practical effect of being part of the assisted living facility's yard even though it is (and 98 may continue to be), public right-of-way. Adding the right-of-way area to the usable open 99 space within the property boundaries would increase the available usable open space to 100 more than 150% of the required amount. lol 8.0 RECOMMENDATION 102 8.1 With the previous discussion of the City Council and the comments and findings outlined 10'3 in Sections 5-7 of this report, the Planning Division continues to support the 1 G14 recommendation of the Planning Commission to approve the proposed CONDITIONAL USE 105 pursuant to § 1004.07 and § 1009.02 of the Roseville City Code, based on the following 106 findings.- 10 7' a. The proposed assisted living facility is not in conflict with the Comprehensive Plan 108 because it advances the Comprehensive Plan's several goals related to buffering PF I I -O I 3RCA082211 (2).doc Page 3 of 5