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HomeMy WebLinkAbout68 - PH-2 - Attachment 13 - 7/21/2015Correspondence received pertaining to Public Hearing Item #2 — Appeal of the Planning Commission's Denial of Zoning Application ZA-15-01 for a deviation from parking requirements for a group counseling use at 657 W. 19th Street. PETERSON LAW GROUP PROFESSIONAL CORPORATION SUITE 290 19800 YIAC ARTHUR BOULEVARD IRVINE, CALIFORNIA 92612 TELEPHONE (949) 955-0127 FACSIMILE (949) 955-9007 July 14, 2015 Mayor Stephen Mensinger Costa Mesa City Council c/o Jessica Meija — Deputy City Clerk 77 Fair Drive Costa Mesa, CA 92628 Jessic.Mejia@costamesaca.gov Via Email and Personal Delivery Re: Appeal of Planning Commission Resolution PC -15-34 657 W. 19th Street, Costa Mesa, CA Dear Mr. Mayor and Honorable Members of the City Counsel: This letter is submitted by on behalf of our client, Solid Landings Behavioral Health ("Solid Landings"), as a tenant at the above referenced property. This letter sets forth the grounds upon which Solid Landings is appealing Planning Commission Resolution PC -15-34, which denied the Zoning Administrator's approval of a minor conditional use permit ("MCUP") to deviate from parking requirements for Solid Landings' community center. Solid Landings requests that the City Council reverse the decision of the Planning Commission, and reinstate the MCUP granted under Planning Application ZA-15-01 ("ZA-15-01"). We request that this letter be made part of the record of these proceedings and we intend to appear and by this letter request to be heard. Factual Backgroun Solid Landings is a tenant of 657 W. 19th Street, Costa Mesa, CA ("MCUP Building"). In September 2014, Solid Landings applied for a Business License to operate at the MCUP Building. An administrative business license was issued in September 2014. Solid Landings was informed that it would need to request an MCUP for a parking deviation in order to have a business license issued for counseling services. On December 11, 2014, Solid Landings submitted an "Amended Application for Minor Conditional Use Permit for Parking Deviation for 657 West 19`h Street, Costa Mesa, California — Project Description & Justification." A copy of the MCUP Application is attached hereto as Exhibit A. Included in this application is a typical Costa Mesa City Council July 14, 2015 Page 2 of 9 schedule for the daily operation of Solid Landings, illustrating that Solid Landings was eligible for a parking deviation based on the nature of its use at the property. By letter dated April 23, 2015, notice of approval and the decision of Zoning of Application ZA-15-01 Minor Conditional Use Permit for Parking Reduction for Group Counseling Use (Solid Landings Behavioral Health, dba Rock Solid Recovery) 657 West 19th Street, Costa Mesa was sent by Willa Bouwens-Killeen, Zoning Administrator to Solid Landings. The decision of the Zoning Administrator became final at 5:00 p.m. on April 30, 2015. A copy of the Zoning Administrator's decision in Zoning Application ZA-15-01 is attached hereto as Exhibit B. ZA-15-01 contained 17 conditions of approval, and allowed 45 days from the date of approval to revise the parking area and access gates at the MCUP Building. The conditions that are relevant here include: • #3 — No employees, clients, or visitors to the property shall park on City streets. All parking for the use shall take place on the property in designated parking spaces. • #4 — All clients shall be dropped off and picked up in the parking area. No pick- up or drop-off will occur in the driveways or in the public right-of-ways. • #5 — The use shall be limited to the type of operation as described herein. Any changes in the operational characteristics shall require review by the Planning Division and may require an amendment to the condition use permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. The applicant is reminded that the Municipal Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13-29(0)]. • #6 — The zoning application herein approved shall be valid until revoked. The Director of Economic & Development/Deputy CEO or his designee may refer the zoning application to the Planning Commission for modification or revocation at any time if, in his opinion, any of the following circumstances exist: 1) the use is being operated in violation of the conditions of approval; 2) the use is being operated in violation of applicable laws or ordinances or 3) one or more of the findings upon which the approval was based are no longer applicable. • #8 — If parking shortages or other parking -related problems arise, the business operator shall institute appropriate operational measures necessary to minimize or eliminate the problem. • #9 — The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The applicant and/or operator shall institute whatever security and operational measures are necessary to comply with this requirement. Costa Mesa City Council July 14, 2015 Page 3 of 9 • #11 — The applicant shall contact the Planning Division to arrange a Planning inspection of the site. This inspection is to confirm that the Planning Division conditions of approval and code requirements have been satisfied. • #16 — No later than 30 days from the date of approval, existing vehicle gate locations shall be submitted to the Transportation Services Division for review and approval. If the existing gate locations cannot be approved, the applicant shall relocate and/or remove the vehicle gates as necessary. • 917 — All vehicular access gates shall comply with the requirements of Sections 506.1 and 506.2 of the 2013 California Fire Code (or any successor provisions), so as to provide access to emergency crews. A Knox system for gate access must be obtained through the Costa Mesa Fire Department within 30 days from the date of approval for the existing gate on Plumer Street, and concurrently with the approval of the gate on W. 19th Street. On April 30, 2015, Ann H. Parker, representing herself, Residents, and TBON, filed an Application for Review of the Zoning Administrator's decision in Zoning Application ZA-15-01. The form of the Application for Appeal or Review filed by Ann Parker is attached hereto as Exhibit C. The "Residents" are not identified. This unidentified group obviously is not qualified to join in this Application. We have learned that TBON stands for "Take Back Our Neighborhood." However, we do not know if this is a legally formed entity or if Ann Parker is authorized to represent TBON, or who TBON members are. Dennis O'Neil submitted a letter outlining the flaws in Ms. Parker's appeal on behalf of Solid Landings on May 29, 2015. A copy of this letter is attached hereto as Exhibit D Yesenia Umana, Solid Landings' Community Relations and Real Estate Liaison, submitted a declaration under the penalty of perjury on June 2, 2015 to the Planning Commission, outlining the steps she has taken to comply with the conditions in ZA-15-01. A copy of this Declaration is attached hereto as Exhibit E. Ms. Umana submitted plans to the Transportation Services Division for review and approval on May 26, 2015 (Condition #16). Ms. Umana obtained the authorization from the Costa Mesa Fire Department for the purchase and installation of the required Knox systems (Condition #17). Ms. Umana caused the five parking spaces along the West 19th driveway access to the parking area to be eliminated and was in the process of working with Planning towards plans for the construction of a commercial driveway. (Conditions #14 and #15). The Parker Request for Review was considered at the regular meeting of the Planning Commission on Monday, June 8, 2015. The Planning Commission adopted Planning Commission Resolution PC -15-34 on June 9, 2015, reversing and denying the Zoning Administrator's approval of a MCUP to deviate from parking requirements for Solid Landings' community center. A copy of the Planning Commission Decision is attached hereto as Exhibit F. Costa Mesa City Council July 14, 2015 Page 4 of 9 Kristen Ford, on behalf of Solid Landings, filed an Application for Appeal of Planning Commission Decision on June 12, 2015, and requested hearing by the City Council on July 21, 2015. A copy of the Application for Appeal is attached hereto as Exhibit G. The June 8. 2015 Hearin The Parker Request for Review was considered at the regular meeting of the Planning Commission on Monday, June 8, 2015 (the "Public Hearing"). At the Public Hearing, Parker and several other Costa Mesa residents spent more than an hour testifying about alleged code violations and lack of permits for construction that was already completed. These allegations are irrelevant to the determination of a MCUP for a parking deviation. Several times throughout her testimony, Parker refers to the MCUP Building as a "John Morehart Property." John Morehart is Solid Landings' landlord. Most of Parker's allegations against Solid Landings were related to the construction and state of the MCUP Building; issues that are the responsibility of Mr. Morehart. If Parker has personal issues or gripes with Mr. Morehart, this is not the appropriate venue in which they should be addressed. Additionally, photographic evidence was presented by Parker at the Public Hearing, purporting to show employees parking on Plumer Street and vans pulling into the MCUP Building driveway. All of these photographs were taken on the same day. Dennis O'Neil appeared on behalf of Solid Landings at the Public Hearing. He informed the Planning Commission that Solid Landings had no notice from the City of Costa Mesa of any code violations. He also explained, as Ms. Umana stated in her declaration, that Solid Landings was working towards complying with the conditions listed in ZA-15-01. Mr. O'Neil also emphasized that Solid Landings still had time to comply with the conditions required under ZA- 15-01. The Planning Commission Decision Parker prematurely and illegally called for a review of ZA-15-01, citing her reasons for review being that the conditions imposed by the Zoning Administrator's decision had been ignored. The conditions imposed by the MCUP were in the process of being implemented during the 45 day time period authorized by the Zoning Administrator. Moreover, the MCUP was not yet even in effect. Despite evidence presented under the penalty of perjury (See Exhibit E) illustrating that Solid Landings was working with the City to comply with the conditions, and still had time to come into full compliance with said conditions, the Planning Commission chose to give weight to unauthenticated evidence presented by disgruntled citizens with an agenda, and to overturn the Zoning Administrator's decision. The Planning Commission based its decision to overturn ZA-15-01 for several reasons, including: Costa Mesa City Council July 14, 2015 Page 5 of 9 • The residential neighborhoods of Center Street and Plumer Street are being disrupted by the following activities related to the use: o Clients and employees have been observed parking on Center Street and Plumer Street instead of in the parking lot and walking to the facility; additionally, clients are walking to the faculty [sic] rather than being dropped off as indicated in the applicants' business plan. o Employees have been observed parking in the nearby Costa Mesa Senior Center parking lot and walking to the facility. o The client vans have been observed blocking traffic on Plumer Street and parking in the nearby Senior Center parking lot. o The above activities are inconsistent with the plan submitted by the applicants, which indicated that all employees park inside the property, all clients are dropped off by vans inside the property so as to ensure minimal impact on the neighboring properties and the adjacent residential neighborhoods. o In light of the above the Planning Commission finds that, according to the applicant's submittals, the current operation should have little or no impact on parking and traffic. However, the current operation is spilling over into the neighborhood demonstrating that the proposed operating measures are inadequate to address the parking shortfall. Additionally, the Planning Commission held that "the use is not being operated in compliance with the following conditions of approval and code requirements for ZA-15-01: • Conditions of Approval Numbers 3, 4, 5, 6, 8, 9, 11, 16, and 17; • Code Requirement Numbers 1, 3, 4, 9, and 10. Finally, the Planning Commission held that "the property owner and applicant did not follow the correct procedures for obtaining the necessary building and fire safety permits and inspections for the use, including, but not limited to: • Permits for interior and exterior alterations to the building, fire safety inspections, certificates of occupancy, and business licenses; • The addition of the Security Gate on Plumer Street; • The removal of the driveway and the additional of a vehicle gate on West 19th Street; Costa Mesa City Council July 14, 2015 Page 6 of 9 • The addition of glass storefront windows along the building's West 19th Street frontage; ■ Kitchen and kitchenette facilities were installed without the required OC Health Department permits and inspections; • Electrical conduits and piping were installed on the exterior of the building without the required permits and inspections; • Rusted/damaged exterior stairs were installed without the required building permits and inspections. Procedural Issues The Application for Appeal or Review requires an applicant to mark the box for "Appeal" or the box for "Review." The application expressly states on its face the "Review" may be requested only by Planning Commission, Planning Commission Member, City Council or City Council Member. Nevertheless, Ann Parker marked the box requesting a "Review" of the Zoning Administrator's decision in case ZA-15-01. The procedures relating to the method of appeal and review of decisions of the staff, committees, commissions and City Council are set forth in Ordinance No. 13-08 amending Chapter IX of Title 2 of the Costa Mesa Municipal Code (Sections 2-300 through 2-314). Ordinance No. 13-08 was adopted by the Costa Mesa City Council on December 3, 2013. A copy is attached hereto as Exhibit H. Section 2-311 of Ordinance No. 13-08 states that the procedures set forth in this chapter are the exclusive methods by which appeals and reviews may be pursued and none of the steps set forth herein may be waived or omitted. Ann Parker failed to follow these procedures by marking the wrong box requesting a "Review" which cannot be waived and interpreted to mean she meant to check the "Appeal" box. Additionally, Section 2-303 of Ordinance No. 13-08 states that any affected person may, within the time limit set forth in Section 2-305, file an application for appeal with the City Clerk. Said application shall contain sufficient information to identify the party, its interest in the matter, and the reasons for requesting an appeal. Section 2-301 of Ordinance No. 13-08 defines "Affected Person" to mean "any person, including the applicant, any city staff member, committee, or commission who has an interest in the matter at issue or whose health, safety, or welfare may be affected by the decision." Section 2-301 defines "Review" to mean reconsideration of the decision of any city employee, committee, or commission requested by the City Council, on its own motion, or upon request of any City Council member, in order to consider the decision and any broad legislative and policy factors involved. This could mean the only body having jurisdiction to review a decision of the Zoning Administrator is the City Council. If this is the case, the Planning Commission should have been preempted from reviewing a decision of the Zoning Administrator in case ZA-15-01. Costa Mesa City Council July 14, 2015 Page 7 of 9 The Parker Request for Review fails to provide any justification or sufficient information to identify herself, the Residents or TBON as having such an interest in the matter at issue to be qualified as an "affected person" or "affected persons" or having any interest affecting their health, safety or welfare. The reasons set forth in the Parker Request for Review state that the conditions imposed by the Zoning Administrator's decision have been ignored. This allegation is patently false, has no merit, and does not give rise to Ann Parker being an "Affected Person." Moreover, Ann Parker does not reside in the vicinity of the MCUP Building. In fact, she lives more than 1.5 miles away from the MCUP Building. Regardless, Ann Parker, the Residents and TBON lack standing to request review which can only be made by the Planning Commission, a Planning Commission member, the City Council, or a City Council Member. A search of the City's records disclose that Ann Parker on a number of occasions has appeared before the Costa Mesa Planning Commission and City Council to voice her objection to the City's ordinances and regulations allowing group homes to exist in the City. Ann Parker has expressed strong feelings against providing these services for recovering addicts in Costa Mesa. The City, however, as a public entity, must conduct itself in compliance with federal and state law. The City is bound by the provisions of the Americans With Disabilities Act and other state and federal constitutional guarantees to prevent discrimination against persons disabled by addiction.' Nevertheless, Ann Parker has shown in her prior testimony before the Planning Commission and City Council her ill -will against these facilities and this ill -will is likely to be the true motivation behind the Parker Request for Review of the Zoning Administrator's decision in case ZA-15-01. The MCUP Building is not a group home. Ann Parker is not an "Affected Person" in this case but is attempting to use this process to promote her established position in opposition to group homes in Costa Mesa. Ann Parker's assertions are not relevant to a request for a MCUP for parking deviation. If the Council were to embrace her position it would necessarily be a City action predicated on illegal grounds and constitute an abuse of discretion and an abuse of process. The June 8 2015 Hearing was Premature The Planning Commission came to the determination that Solid Landings was not complying with its "business plan" and therefore reversed the Zoning Administrator's decision 1 Individuals in recovery for alcohol and/or drug abuse are considered disabled under federal law and are protected both by the Federal Fair Housing Amendments Act (FHAA) and the Americans with Disabilities Act (ADA). The activities taking place and intended to take place at the MCUP Building involve disabled persons recovering from alcoholism and substance abuse. This is a permitted use in the City's General Plan and the MCUP Building zoning district. The ADA prohibits state and local governments from discriminating against individuals with disabilities in virtually all governance activities and decision-making, including planning and land use. Planning Commission Resolution PC -15-34 is arbitrary and capricious and is causing significant harm to members of a protected class under state and federal anti -discrimination laws. Costa Mesa City Council July 14, 2015 Page 8 of 9 and denied Planning Application ZA-15-01. However, the "business plan" was an outline of daily activities at Solid Landings, explaining why a parking deviation should be granted. Upon review of the application, the Zoning Administrator determined that several conditions would be required in order to ensure that the parking deviation did not interfere with the neighborhood. Said conditions were incorporated into ZA-15-01, and Solid Landings had 45 days to construct a commercial driveway at W.19th Street for vehicle ingress and eliminate parking spaces interfering with the driveway access to the parking area. Once this was completed, existing access to Plumer was to be used for vehicle egress only. These construction requirements were designed to prevent vans from stacking on Plumer Street by accessing the property from 19th street, and also to prevent vans from blocking the street when entering the property. As Ms. Umana testified in her declaration, Solid Landings was working towards completing these requirements. (See Exhibit E). Before Solid Landings could begin construction to meet these conditions, Ann Parker filed her appeal. Despite this, Solid Landings continued to work towards completing the requirements imposed by ZA-15-01. (See Exhibit E). At the public hearing, Parker and others accused Solid Landings of violating its business plan as part of the MCUP. However, as Deputy City Attorney Elena Gerli stated at the Public Hearing, Solid Landings was not "in violation" of the MCUP because the MCUP had not yet matured. Additionally, Ms. Gerli explained that Solid Landings would have to comply with all code requirements before the MCUP would be issued. Ms. Gerli also explained that when a code violation occurs on a property, the first step is to bring the property into compliance, not shut down the business. Despite this, the Planning Commission found that the neighborhood was being disrupted by Solid Landings, and Solid Landings was in violation of MCUP Conditions of Approval Numbers 3, 4, 5, 6, 8, 9, 11, 16, and 17; and Code Requirement Numbers 1, 3, 4, 9, and 10. The business cannot violate a condition has not yet matured. Solid Landings was given 45 days to reconstruct portions of its property in order to address traffic concerns in the neighborhood. As Ms. Umana testified in her declaration, Solid Landings was working with the City to complete the imposed conditions. Yet, before Solid Landings had a chance to fully implement those changes, it was punished for the very traffic concerns the conditions and changes were intended to address. This is circular reasoning and unlawfully penalizes Solid Landings before it has had a chance to even comply with the conditions in the time frame given. Solid Landings cannot obtain a business license for counseling services without an approved MCUP. The Planning Commission's decision effectually puts Solid Landings out of business, without giving it a chance to comply with the conditions that the City itself prescribed. The decision by the Planning Commission was premature and should be reversed. Code Violations and Permit Issues are Irrelevant Solid Landings is a tenant at 657 W. 19th Street. As such, any allegations of code violations or permit issues with respect to the property are improperly addressed to Solid Costa Mesa City Council July 14, 2015 Page 9 of 9 Landings. Code violations and permit issues should be addressed with Solid Landings' landlord. Additionally, Solid Landings applied for a MCUP for a parking deviation. Code violations and permit issues are irrelevant with respect to a MCUP for a parking deviation. At the Public Hearing, Commissioner McCarthy raised his concern about the premature nature of the hearing and the fact that the parking deviation and code violations were distinct issues. Commissioner's Andranian and Dickson convinced him that there was enough evidence to revoke ZA-15-01 based on the parking issues only. Yet, the Planning Commission issued a parking deviation decision for reasons that included "the property owner and applicant did not follow the correct procedures for obtaining the necessary building and fire safety permits and inspections for the use." There was no evidence in the record of Solid Landings violations or notice of such violations to Solid Landings. In any event, these are issues beween the City and the landlord. This is an improper basis on which to make a decision and therefore we respectfully request the City Council overturn the Planning Commission's decision. Conclusion In sum, Solid Landings requests that Planning Commission Resolution PC -15-34 be set aside and the approval of Planning Application ZA-05-01 be reinstated. First, Ann Parker did not have standing to bring a review of ZA-15-01 to the Planning Commission. Second, Ann Parker is not an affected person. Third, Ann Parker has a discriminatory and illegal agenda outside of the parking deviation and is abusing the MCUP process in order to make her discriminatory agenda known. Fourth, the Planning Commission review was premature as Solid Landings was not given the allotted 45 days to make the required changes to the MCUP Building. Fifth, irrelevant information regarding alleged code violations and permitting issues should not have been considered by the Planning Commission. Sixth, the alleged code violations and permitting issues would be the responsibility of Solid Landing's landlord—not Solid Landings. Seventh, Solid Landings is making every effort to accommodate the requests of its neighbors and ensure that its business does not interfere with the neighborhood. For the foregoing reasons, Solid Landings respectfully requests the City Council set aside Planning Commission Resolution PC -15-34 and the approval of Planning Application ZA-05-01 be reinstated. Ve truly yo , John Si Peterson JSP:swt Encl. Exhibit "A" SoRdLandlings page I of 7 Bebavloral Health Recovery.— beditridualized. December 11, 2014 ViA HAND DELIVERY TO: CITY OF COSTA. MESA City of Costa Mesa Development Services Department 77 Fair Drive Costa Mesa, California 92628-1200 Re: Amended Application for Minor Conditional Use Permit for Parking Deviation for 657 West 19th Street, Costa Mesa, California — Project Description & justification City of Costa Mesa Development Services Department: A. introduction Sure Maven, Inc d/b/a Rock Solid Recovery (hereinafter °Rock Solid") submits the following detailed project description and justification for a parking deviation for the 657 West 19+11 Street property asa, location for a state certified outpatient treatment program attended by hock Solid clients residing In a sober living home or state certified outpatient residential program. This parking deviation request includes this justification followed by a list of [proposed] conditions on the minor conditional use permit (MCUP.) Use Is permitted: 657 West 191h Street Is located in a C1 local business district A C1 business district includes, but Is not limited to, facilities such as city halls, courthouses, police/fire stations, schools, art studios, antique malls, banks, beauty shops, hardware stores, department stores, grDceiy stores, movie theaters, automobile sale and repair, administrative offices, medical and dental offices, and dance studios. Therefore, use of the premises as a outpatient treatment facility, which Is most similar to a medical office (as explained ante), administrative offices, and medical (therapy) offices is permitted under the Clq, s Code. No use authorization for the use Is required. Pinking deviation: The 19ei street property is 6710 square feet. The entrance is an Plumer Street and Includes 29 an site parking spaces that are accessed via a confidential gate code known to Rock Solid employees. Members of the general public cannot freely enter and park. Rack Solid seeks a parking deviation that permits this facility to runction with the allocated 29 gated spaces instead of the 54 required per the Code. This request is based upon Rock Solid's detailed use of the facility as described herein. ..QRock Solid Recovery i Solid Landings Behavioral Health 1 ACO Bristol S1. 50W I1•3Co • Costs Mem, CA 92676 s u re 949-467-9213 1•arr • nneAN-4798 FA.4 1.7 SOLID LANDINGS 117 SoRdLandsngs Page2of7 Behavioral Health Rcrol�e►1, . , lnd�s(dlralllyd. 9. metalled Project Desciption Solid Landings Behavioral Health, Inc. Is the parent company of Rock Solid Recovery, It provides effective residential and outpatient treatment services for those suffering from the disease of drug and alcohol addiction. We have operated our homes and treatment facilities within the City of Costa Mesa since approximately 2010. In doing so, we have contributed to the fiscal health of the City in many ways, including but not limited to, employing individuals in various capacities, including staff in our corporate offices, the warehouse, landscaping and maintenance, alumni services, family programming, therapy, and community outreach. We are good neighbors in the community. We operate and maintain our properties In a manner that is compatible with each neighborhood, we upgrade our homes to increase their value, and respect the surrounding communities. Solid Landings Behavioral Health operates gender specific programs. Rocl4 Solid Is the program for men and Sure Haven Is the program for women. This MCUP only concerns the Rock Solid program which proposes to locate its administrative offices, state certified outpatient treatment program, and Individual counseling services at 657 West 19th Street: Rock Solid's outpatient treatment program Is under the jurisdiction of the State Depalrtmenk of Heath Care Services which certifies nonresidential alcohol .and drug treatment programs through a procedural framework that requires a detailed provider application followed by a thorough review process to confirm regulatory compliance.1 in order to obtain this certification, Rock Solid provided the State with a plan of operdtions detailing a Continuous quality management program, its structured recovery program for clients, and a description of education and vocational classes with professional staffing, Following certification, the State provides ongoing oversight and evaluation through quality assurance standards forcontinuing regulatory compliance. G Detailed Program Description) Clients of the Rock Solid program include: • Adults who voluntarily agree to attend group sessions, Individual counseling, and educational sessions to address their substance abuse problems; • Adults that are currently living in a sober living home or state licensed residential program; Private paying individuals either through insurance or out-of-pocket; and Voluntary admits, not referred from the criminal justice system. 1 Galifarnla health A Safely Code ff 11A70, re SW.; M1M1M 4 Calc 4 Regulations, title %. Semon 11001, Ia srq. Solid Ulmlings t1rhaviaral Hrulth Rock Solid 2900 Bristol St. Sults B -Inn Colla Mrsa. CA 9162G ReLo fly 949-467,911) n,�t�F •esu -sob -arra .�•r.n.+r.�.r 2L sure haven SOLID LANDINGS 118 SoltdLand Page 3of7 Behavioral Health Recov /4,..individualized. The following Is a detalied outline of the activities related to 657190, Street (hereinafter "19th Street"). This program runs Plonday through Friday followed by limited weekend use, The weekday schedule Is as follows.- 0 ollows: • 6:00 a.m. The first Rock Solid employee arrives at 190, Street in a company vehicle and paries In the gated lot. • 7;30.9;30 a.m. 16 additional Rock Solid employees and/or therapists arrive In personal or company vehicles. "these stab members include 8 therapists to hold 1:1 counseling sessions, 4 therapists who run group sessions; 5 additional staff members who perform administrative tasks and manage the computer lab/library. The maximum number of vehicles on-site throughout tate remainder of the day, not Including transportadon vans (discussed tante), Is 17 - one for each employee. • 0:45 - 9;15 a.m. Clients from four different sober living homes arrive at 191h Street via three 12 -seat passenger vans. The vans drop clients off within the gated parking lot and do not remain on- site. The total number of clients that arrive via the three passenger vans will range from approximately 21-30. The vans will arrive at 8.45,9-.00 and 9:15 so as not to overlap. • 9:15 - 3:00 p.m. Clients will generally rotate through 1:1 therapy, group counseling, computer lab/library time, lunch, and self- elfreflection/homework, reflection/homework,and free time. • 3:00 - 3:30 p.m. Three passenger vans arrive In thegated parking area and transport clients to the gym. Clients not wishing to go to the gym are transported home, Clients do not return to the campus until the following weekday, The vans will stagger their pickups at 3:00, 3:15 and 3:30. • 3:00 - 5:00 p.m, Staff may remain on campus until 5:00 when they leave for the day. • 5:00 - 6:00 p.m. A cleaning crew of 3 to 6 individuals arrives in one or two cars, park In the gated lot and stays for approximately 60 minutes, • 6:00 p.m, Evening staff arrives to run group sessions attended by Rock Solid clients. 10 employees are present representing 10 vehicles. The clients arrive via three passenger vans with staggered arrivals at 6:00, 615 and 6:30 p.m. The approximate number of clients onsite will be 30, The total vehicles, including vans, is 13. Rock Solid Solid Landings Behavioral Health ZWO 1WA01 SI.54lile H -WO Costa Meta, CA 92636 sure Recovery ,1. hen SOLID LANDINGS 119 SolldLand$ngs Pagre 4 of 7 Behavioral Health Recovcry— hidividuahzed- 6:30 - 8:30 p.m. Group sessions are hold during this time period. 8:30 - 9:00 p.m. Passenger vans arrive to transport clients to their respective homas at 13:311, 9:45 and 9:00 p.m. The employees leave at 9:00 part. once the final client departs via passenger van. During the weekend, a therapist may schedule an appointment with a client at 194, Street. 'These appointments are rare; however, they occur between 8:00 a.m. and 5:00 p.m. when the need arises. If an appointment occurs, then the maximum number of vehicles would be two, one for the therapist and one for the client who is transported to the premises in a Rock Solid vehicle. D, lurking Justification Rock Solid Intends to use the 1911, street building as part of its outpatient treatment prognm. Specifically, the building has three uses: administrative, medical (therapist) office space and group counseling. As mentioned above, these are all approved uses within the C1 zone. The only issue relates to sufficient parking. Rack Solid requests a parking variance from 48 to 29 parking spaces. This request is ntuarly Identical to the variance requested and granted for the Group Counseling Center at 1901 Newport Boulevard, Suite 149, Costa Mesa (7A-09.34). (`Phis document is attached hereto as Exhibit "A ") The parking lot attached to 19th Street contains 29 gated parking spaces. The maximum number of veh[cles onsite at any given time of the day Is 17, plus at most, 3 passenger vans. The total number of spaces necessary for Rock Solid's use is 20, which leaves nearly a third of the lot empty. (See parking map attached as Exhibit "B.") The required parking for 19th Street far exceeds the demand of the actual use, permitting the City to reduce the requirement. (Costa Mesa Municipal Cade § 13.89.5.) The City generally requires group counseling to have 10 parking spaces for every 1000 square feet of floor space (10:1). however, due to Rock Solid's actual use as described above, this Is an excessive parking requirement and an improper classification for its use. Other establishments that require 10:1 parking are open to the general public and include large restaurants, gyms, trade schools, business colleges, dancing and music academies, and skating rinks. (Cassa Mesa Zoning Code, Chapter IV Off Street Parking.) These are extremely different from Rock Solid's use, which is private In nature and bath the parking and building entrance are only accessed via a locked gate on a side street. The other 10:1 establishments are not only public, but they encourage large members of the public to attend, they require parking of vehicles owned by unknown members of the public, and the owners of the establishment have very limited control over who parks in the lots. (tock Solid has absolute control of all vehicles that enter and park in the lot. Only employees have the gate access code and Rock Solid has complete control over the number Solid landings Behavioral Health Rock Solid 19611 Bristol SL Sultc U -3w • Cos -13 bless. CA 92626 sure recovery 949-467-9211 riiAi • f198-�itltl-49Mt Pu haven ....,..�........ SOLID LANDINGS 120 SoltdLandl-ngs Behavioral Health Rrror. cry... ,Codi teiffuallvd. Page S of 7 of employees present at 1911, Street at any given moment: Further, only part of the first flaor will be used as a group counseling center, The remainder of the building will be split between administrative and therapist offices. The below chart describes the breakdown of ouruses: Use Square Feet Parking Required Group Counseling 3840 39 Medical Office 1434 9 Admintstrative 1435 6 TOTAL 16710 54 Due to Rock Solid's use, the total number of parking spaces per the code is 54. However, should the City consider the entire building group counseling (which it is not) then, the total parking would be 67 spaces. Either way, the parking requirement under the Code does not coincide with Rock Solid's actual use and therefore this MiCUP Is respectfully requested. G. Ame0can's with disabilities Act The American's with Disabilities Act (ADA), Title 11, prohibits srate and local governments from discriminating against Individuals with disabilities in virtually all governance activities and decision-making, including planning and land use. (ADA Title II: State and Local Government Activities; 28 C.F.R. §§35.1.30, ec seq, ) Public entities must make reasonable modifications in rules, policies and practices that are necessary to avoid discrimination on the basis of a disability "unless the public entity can demonstrate that making the modification would fundamentally alter the nature of the service, program or activity." (29 C.F,R §§35.130(b)(7),the ADA term "reasonable modification" has the same meaning as "reasonable accommodation" under the federal and state fair housing laws; Costa Mm Municipal Code 913.200.60, etseq., reasonable accommodations) The ADA's reasonable modification mandate provides an additional basis for hock Solid's request for a parking deviation. The City of Costa Mesa's classification of Croup Counseling as a trade or vocation school leads to the very high parking requirement of 10:1. The requirement Is based on the questionable assertion that the demand for parking at group counseling sessions Is the same as that of vocational or trade schools. The more appropriate classification of an outpatient treatment program, such as Rock Solid's, is as a medical office space. This suggested approach is in line with the State's efforts to create parity between physical and mental health treatment access. Classification of Rock Solid's treatment program as one which requires 10:1 parking places an enormous barrier to treating disabled individuals suffering from drug and alcohol addiction. Solid Landings Hchavipral Ncalth Rock Solid 2900 8610 Sr. Sulte x.-300 • CM13 Mm, CA 92626 sure ReCi7y 949-461-1121) a�uo • 888-498-499514% haven ..,.�...,...� i Il, ll f•,:; Iq, _iirl .rr.rawr.�.� SOLID LANDINGS 121 Sol kdLan d �-n Page 6of7 Uehaviora1 1-1cal tb Rvmveq... TwIf uiduallzed. F. Decisions must not be Arbitrary or Capricious Decisions of a zoning board are ultimately appealable to the court. When a court reviews decisions of a zoning board and/or its officers, the court may inquire Into the conduct of the board or officers which relates to the decision making process in order to determine whether the decision was arbitrary or capricious. (Ruppert v. Washington (1473) 366 F. Supp 6116) These decisions are reviewable, not only for the purpose of detemining whether there has been an erroneous interpretation of the law, but also to determine whether they impair personal or property rights by reason of an arbitrary or unlawful exercise of discretion. (Ruppart v. Washington (1973) 366 F. Supp 686) Sober Living By the Sea previously requested a similar parking variance for 1901 Newport Boulevard In Costa Mesa, CA wherein the Cita/ agreed that a tore! of 6 parking spaces were required for a 3800 square foot group counseling center because all clients arrived by passenger vans and only 4 employees would be present at the sessions. (ZA•09. 34 attached as "A.*) Rock Solid requests that the City come to the same, reasonable conclusion, and grant the requested parking deviation. A decision otherwise would essentially prohibit the use of the property by the disabled and be arbitrary. G. Proposed Conditions on the MCUP Rock Solid has prepared and agrees to abide by the following list of proposed conditions that could be placed upon the Minor Conditional Use Permit requested herein. CondItigns oaf Approval 1.Operadon of the business shall be limited as described in the project description and the applicant's December B, 2014 submittal. Any expansion or modification of the use or hours of operation may require approval of an amendment to the minor conditional use permit 2. If parking shortages or other parking -related problems arise, the applicant shall Institute whatever operational measures are necessary to eliminate the problem in o timely fashion. 3. Flours of operation shall be from 6.00 a.m. to 9:00 p.m., Monday through friday. Weekend operation is limited to one -on -ane therapy appointments that, if necessary, would occur between 8.00 a.m. and 5:00 p.m. Solid Landlttffs Bchnforul Wealth Rock Solid 1900 llrlstrA 5t. Suite B -IN • Costa lMn a. CA 92625 sure ReeQ�rery 9t9-A5T•9]1'a;4-1 t . 889-588-444A lnu haven SOLID LANDINGS 122 SoPdLan n1 p'agca 7 of 7 behavioral ficaltli Recoorry... M4 44aiiecd. 4. It copy of the conditions of approval for die minor conditional use permit sliall be inept on die premises and presented to any authorized City Official upon request. New business/property owners shall be notified of the conditions of approval upon transfer of the business or oivnershlp of land. H. Conclusion Rack Solid respectfully requesLs the City grant Its request For a minor conditional use permit to allow a reduction In the parking requirement for the autpadent treatment Center, therapy office, and administrative offices located at 19l1t Street, This reduction: will not be detrimental to the health, safety or general welfare of the public or other properties or Improvements within the immediately vicinity. Specifically, the required parking exceeds the actual anticipated demand for the use since the attendees are transported to and from tate site vla pitssenger vans. Ctanting the mirror conditional use permit will not allow a use, density or intensity, which is not in accordance with the general pian. Therefore, the parldng deviation should be granted as requested. Sincerely, Kristen 8. l=ord Vice President and Corporate Counsel Rack Solid. Recovery, Inc Solid landings Behavioral Health ,QRock Solid 2%) Bd5tul 51- Sulle 3-300 • Cusia 6toa. CA 92626 Recovery 9.49-461-9211 uWtif • oae-Baa-�99(f FAx . r.,.�.. <,d; I sure haven SOLID LANDINGS 123 Exhibit A SOLID LANDINGS 124 f+rs A9e, P& BOX 1200 77 PAIR DRIVE CALIFORNIAr r l 'IA hr {Lr+ r J + November 5, 2009 . Brian Burke 2811 Milia Way Newport Beach, CA 92663 RE: ZONING APPLICATION ZA-00.34 REDUCED PARKING REQUIREMENT FOR GROUP COUNSELING CENTER 1 NEWir'ORi" 4U 149 COSTA MEQ Dear Mr. Burke: Review of the minor conditional use permit for the above-reforenced project has been comploted. The application, as described in the attached project description, has been approved, based on the findings and subject to the conditions of approval (attached). The dsclsion will become lrnal at 5 p,m. on November 12, 2009, unless appealed by an affected party (Including filing of the necessary application and payment of the appropriate fee) or by a member of the Planning Commission or City Council. If you have any questions regarding this letter, plaasa feel free to contact the: project planner, Wendy Shih, at 714-754.5136 between t p.m. and 5 p.m. or via small at vas i ci. osta-mesa.ca. s Sincerely, WILLA BOUWENS-KILLEEN, AICD Zoning Administrator Attachments: Projekt description Findings Conditions of approval Approved conceptual plans cc; Engineering 1901 Newport LLC Fire Protection Analyst 3424 Wilshire Blvd., Ste. 1200 Building Division Los An gates, CA 90010 So1dUVCWaW (114) Mt -6773 164-6623 + p v,v}nlva�,r1�11a}75c.62a5 FAX 17141 764-868 r 1W (rI i)15r1 5N4 - www.o.CM10-masm.amts SOLID LANDINGS 125 ZA-02-34 Background. , e Saber Living by the Sea provides group counseling and education for drug and alcohol abuse at 1040 tr!fe*,3t 17� Street, in are approximately 8,273square-foot' suite, * The applicant proposes to relocate the business to a smaller suite (approximately 3,800 square feet) at the subject location. The property is zoned PDO (Planned Development Commercial) and has a General Plan designatiori of Commercial Center. The property contains at three- story commorclal building and a single -story office building, totaling 127,512 square feet, ■ According to the City's Mand Use Matrix, group -counseling and education center (categorkwd under trade and vocational schools) Is a use permitted within the PDO zone. However, a minor conditional use permit Is required to allow a reduction In shared parking requirements due to unique operating characteristics. Analysfs. • The applicant states that the hours of operation will be from 8 a.m. to g p.m., Monday through Friday, with a maximurn of four arnployeastadministradon staff on-site during those hours. Lectures and educational groups will occur between 0 a.m. and 4:30 p.m,. and between 5:30 p.m. and 3:30 p,rn, • The facility will proAde individual and group counseling for up to 12 people. All attendees will be transported to and from the facility by tNo passenger vanes. r The Code requires 10 spaces per 1,000 square feat of ,gross floor area or 33 parld'ing spaces for the eounsolingleducation center, 11 parking spaces are allocated to this suite based on general office parking requirement (3 spaces per 11,000 square feet for office buildings exceeding two stories in height and 100,000 square feet in area), • used on the applicant's description of the proposed use, the actual parking demand Is sic spaces (four spaces for the employees Talus two passenger vans). Since all counseling attendees wUl arrive and leave by passenger vans only and the total actual parking demhnd is comparable to a general office use, parking Impacts erre not anticipated. FINDINGS 1. The information presented substantially complies with Section 13-29(e) of the Costa Mesa [Municipal Code in that: a. The proposed use is compatible and harmonious with uses on-site as well as those on the surrounding properties. SOLID LANDINGS 126 b. Safety and compatibility of the design of landscaping, luminaries, and other site aspects of the' site do-valopment such as circulation have been considered, X&G-9-34 than buildings, parking areas, features IncludIn§ functional. automobile and -pedestrian C. The proposed use is consistent with the General Plan ,because - !t ISIC parmlRed use In the PDC zone and. ria parking Impacts aro anticipated due to the unique operating characteristics. . d. The planning application Is for a project -specific case and does not establish a precedent for future development, 2. The minor conditional use permit to allovr a reduction In shared parking: requirements for a oounselingfeducation center substantially complies with CMta Mesa Municipal Code Section 13.29(gX2) In that the proposed use is subs1lantially compatible with developments in the same general area. Granting the minor conditional use permit will not tea detrimental to the health, safety and general welfare of the public or atter properties or Improvements within the Immediate vicinity. Specifically, tha required parking exceeds the actual anticipated demand for the use since thae attendees are transported to and from the site via passenger vans. Granting the minor conditional use permits will not allow a use, density or intensity, which is not in accordance vAh the general plan designation for the property. 3. The protect has been reviewed for compliance with the Galiframia Envlronmantal Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt from CEQA under Section 15301 for Existing Facilities. 4. The project Is exempt from Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. Cil I OF APPROVAL Ping. 1. Operation of the business shall be limited as described In the project description and In the applicant's letter dated September 21, 2099. Any expansion or rnodification of the use or hours of operation may require approval of an amendment to the minor conditional use permit, 2. If parking shortages or other parking -related problems arlse, the applicant shall Institute whatever operational measures are necessary to minimize or eliminate the problem. 3. Hours of operation shall be from 8 a.m. to 9 p.m., Monday through Friday, 4. All attendees shall wait for transportation service inside the building only. 5. A copy of the conditions of approval for the minor conditional use permits must be kept on premises and presented to any authorized City official upon request. Now businesslproperty owners shall be notified of conditions of approval upon transfer of business or ownership of land. SOLID LANDINGS 127 tZ- CODE REgUIREMENTS The following list of federal, state erg 'local laws applicable to .tbo ,project has leen complied by staff for the appiieant's reference. Any referemd to Tlty"°pertains to the "City of Costa Mesa. Ping, 2. Bus. 2. LIG. Bldg. 3. i Approval of the zoning application Is valid for one (I) year from the effective date of this approval and will expire at tha ernes of that period unless applicant establishes the use by one of the follaNing actions: 1 j obtahe building permits for the authorized construction and initiates construction; and/or 2) obtains a business licanse andfor legally establishes the business. - If the applicant is unable to establish the uselobtain building permits or businesa license vvithin the arse -year tuna period, the applicant may request an extensionn of tune. Tho Planning Division must receive €I wriden request for the time extension prior to the expiration of the zoning application. Once the use Is legally established, the zoning application herein approved shall be valid until rovoked. The Development Seriioes Director or his deal neer may refer the zoning application to the Plannin Commission for modification or rev=tlon at any time If, in his opiniort, any of the following circumstance exist t) the use is being operate�i in violation of the conditions of approval; 2} the use Is boing operated In vtalaiion of applicable laws or ordinances or 3) one or more of the findings upon Which the approval was based are no longer applicable. A business license shall be +obtained prior to the initiation of tho business approved under this application. Comply with the requirements of the California Code of regulations, Title 24, also known as the 2007 California wilding Standards Code, as amended by the City of Costa Mesa. SOLID LANDINGS 128 Exhibit B SOLID LANDINGS 129 'T, f ST, A tjtyq T1110ST1111Y COMMERCIAL BUIL01W ROCK SOLID RECOVERY. INC. 057 W. tffrH Sr "m DAISTOL st sufle 54W COSM ME" CA t= CO3TAM&CAM9 N SOLID LANDINGS 130 g;qle m-, g 4--r F. qw 771- PLUMERST T1110ST1111Y COMMERCIAL BUIL01W ROCK SOLID RECOVERY. INC. 057 W. tffrH Sr "m DAISTOL st sufle 54W COSM ME" CA t= CO3TAM&CAM9 N SOLID LANDINGS 130 1 y 1 i i ®r: r"4 Il L - - � it A 197-4 " {t rwaxc, TWO STORY COAiMERClAL BUIL[ INO awm? ROCK SOLID RECOVERY, [NC, ...� 867 W. NTH ST 2QW OAIML 9t WITEE 0-2W muncr C tAuCBa.CAAid7T COSTA WHA CA" M • ts+a�.�ert.ea�a SOLID LANDINGS 131 �llllflll TWO STORY COMMERCIALSUILDIHO rw— ROCK SOLID RECOVERY, INC. MI vi 1mlor amWATQ1.It surm9,304 �t llq.6�GY CMTA4C*&CABIQ7 CQSTi1WESA�CA Ole�i 1 V 64"05.04*40.0213 SOLID LANDINGS 132 Exhibit "B" ,. CITY OF COSTA MESA P-©, 9OX 1204 • 77 FAIR DRIVL • CAUPDRJ41 y, 02020-IQDD DEAWP&MATSERVICES C&ARIhirtlr April 23, 2016 Solid landings Behavioral Health Attn: Kristen S. Ford, Eaq, 2900 Bristol Street, Sprite B-300 Costa Mesa, CA 92029 RE: ZONING APPLICATION ZA-1&01 MINOR CONDITIONAL USE PERMIT FOR PARKING REDUCTION FOR GROUP COUNSELING USE (SOU() LANDINGS BEHAVIORAL HEALTH, D13A ROCK SOLID RECOVERY) 92 WrZST 'I TH $TREi=T.:CflSTA MASA Dear Ms, Ford: City staffs review of your zoning appkatron for the abOve-referenced project has been completed. The application, ras described In the attached project description, has been ova . based on the findings attached and subject to the conditions listed. The decision will became final at 5:4() p.m. on -,6 ril 201 , unless appealad by an )effected party, including fling of the necessary application and payment of tile approprlate fee, or called up for review by a member of the Planning Commission or City Council. If you have any questions regarding this letter, please feel free to contact the project planner, Mel Lee, at (714) 754-5811, or at mg lee c stam sacs. v. Sincerely, WILLA BOUWENS-KILLEEN, AIC -0 Zoning Administrator Attachments: Project Description Findings Applicant's Project Description and plans co: Engineering Fire Protection Analyst Building Safety Divislon Transportation Services Division Staking Nmlon moi rw.s277 • Code Eflft0W x4171-1) 764• . Ndnnhp Dwaim (714) r5t.I144s FAIT(Tt4) T$1-4&% . TOD (714)754-6244 . wmw.camx 4*: ply . SOLID LANDINGS 104 ZA-15--01 April 23, 2015 Page 2of13 Rack Solid Recovery 657 Nest I P Street Costa Mese, CA 82627 John Morehart 126 East 161h Street Costa Mesa, CA 82627 SOLID LANDINGS 105 ZA-15-01 April 23, 2018 Pago 3 of 13 RA +DUNK Projact Sttelanvlr°ons The project site Is located on the south side of West 191' Street, mid-block between Pomona Avonue and Anaheim Avenue. The site Is .38 acres (15,681 square feet) in size. Tho property is zonod C1 (Lc4; l BusIness District) and has a General Plan Land Use Designation of General Cornmerclal. The site contains a two-story, 8,710 square foot commercial building orlginaily cotwtructad in 1961, a surface parking lot, and site fencing, The situ Is hounded by c❑mmorclal uses to the West and north (across Wast 191' Street), a commercial use {restaurant} and a residential use to the east. and residential uses {across PlUmer Street) to thea south. The site currently provides 29 on-site parking spaces, which are accessed via a gated driveway on Plumer Street. There is also an existing driveway approach on the West 19th Street frontage of the property, but a is not used because the paved driveway leading from the approach has been removed and Is gated and blocked by 5 parallel van parking spaces provided adjacent to the building. Prior fund use actions on the property Include a conditional use permit for a fratemal Lodge on fte second floor, approvied ire 1965 approved under Conditional Use Permit D- 49-65, and a proposed conditional use permit for a manufaCturtng use under PA -87.07, which was denied by the Planning Commission on January 28, 1987, The building Is currently occupied by Solid I.nndings, [SBA Rock Solid Recovery, which provides outpatient treatment programs and other services, Including group counseling, for men with drug and alcohol addiction. The use is currently operating without an approved business license or minor conditional use permit to allow a reduction In the required on-site parking spaces required to support the group counseling use, which is described in the next section. EMJE91 1R9SCRl0gN The applicant utilizes the building for the following services: State certified outpatient treatment programs for Rock Solid Recovery clients (men) residing In sober living group homes or state certified outpatient residential programs. The programs for women are a separate operation not conducted from this site. lndividual and group counseling sessions, as well as educational sessions. Administrative offices. According to the applicant's description of the use, a copy of which is attached to this letter, the various programs and services offered at the site run from 6:00 am to 9;00 pm, Monday through Friday, Weekend operation Is limited to one-on-one therapy appointments on an as -needed basis between 8:00 am and 5:00 pm, The maximum number of staff an aite at any one time during the weekday Is 17 And the maximum SOLID LANDINGS 106 ZA-15-01 April 23, 2015 Page 4 of 13 number of clients on the site at any one time during the weekday is 30. The dients carne to the site by vans at various times of the day. The applicant claims that at no time vnll the required on-site parking for the use exceed 20 spaces; 3 spaces for the vans and 17 spaces for die staff that drive their cars to the site. Mlrror Conditional Use Partrrlt for Reduction Fra Required On -Site Parking for Group Counseling Use The City's Zoning Code does not specify a parking requirement for group counseling uses, Zoning Code Section '13-90 (Perking For Uses Not Specified) allows the number of required parking spaces for uses not specified in the Zoning Code to be determined by the Zoning Administrator based upon the parking required for similar types of users, Zoning Administrator Determination No. 08-5, dated May 19, 2008, determined that the parking requirement for group counseling uses was to be classified the same as for trade and vocabonall schools, which is 10 parking spaces per 1,000 square feet of gross floor area. In the cane of the subject property, this equates to a requirement of 67 on- site parking spaces based on the existing 6,710 square foot building area. The 10 spaces per 1,000 square foot parking requirement for group counseling uses is needed for the entire building because the other uses (i.e., administrative offices and therapy rooms) support the primary group counseling use. Bemuse the subject property currently provides 29 on-site parking spaces, a shortfall of 38 opuses required for than use, the applicant is requesting approval of a minor conditional use permit to allow for the reduction in the required parking amount teased on their specific operation as discussed in the prior section of this letter and per Zoning Code Section 13-89.5 (Reduction in Parking Requirements), AiNAMI Jua fleatlane for,Approval Staff has reviewed the applicant's request and supports the request based an the following: BoaBoag QQ h F s da;x(j flan of f e use an ed t a[e numkgL of (M-A iparkrna spaces !s aoydQd. As noted earlier, applicant states that currently 29 on- site parking spaces are provided of the 67 spaces required for the use, a shortfall of 38 spaces. However, based on the information provided by the applicant, an adequate number of on -sate parking spaces can be provided for the use. The building square footages and summary of on-site activities are provided in the tables below. SOLID LANDINGS 107 ZA-15-01 April 23, 2015 Page 5 of 13 PROPOSED USE OF Rt7M AND SQUARE FEET (SP) OF ON-SITE ACTIVITIE5 IMON-FRI) IIIIIIIIIIIIIIIIIal Therapy Office* 6 1,434 SF Meatin Rooms(4) 1 218 SF ---- Client Loun kinin Area 024 3F- ReCe hon/Sl n In 99 SF - OF ON-SITE ACTIVITIE5 IMON-FRI) .SUMMARY 6:00 AM The Irst Rock Solid employee arrives in a company vehicte and parks 00101 CNtioes 4 693 SF Conference RoomtKItchenl5tora a Room 682 SF Meeting Roomy f 1,218 SF Computer Labll-ibra i 6132 SF OF ON-SITE ACTIVITIE5 IMON-FRI) .SUMMARY 6:00 AM The Irst Rock Solid employee arrives in a company vehicte and parks In the ated let._ 7:30-9:30 AM _ 16 additional Rock Solid employees andlor therapists arrive in personal Clients from 4 different sober living homes arrive via 3 12 -seat 3:45.0:15 AM passenger vans. The vans drop clients off within the gated parking lot and do not remain onslte. The total number of clients that arrive via the 3 passenger vans range from 21-30. The vans arrive at 15 minute intervals so " not to overlap. 9:15 PM -_ Clients rotate through orae -on -one therapy, group counseling, computer Iabillbra time lunch and free time. 3:q0 -3:3U l�M-- Three passenger vans shrive to transport clients to the gym. Clients not wishing to go to the gym are transported home. Clients do not return until the folkmIng day. The vans arrive at 15 minute intervals so as not to oveda , 3:00-5:CO PIVI I Staff remains until 5:00 PM _. 5:00.8:0Ci PM A cleaning crew of 3.8 d arrive in 1 or 2 ears and ata for l hour. 6:00 PM -6:30 PM Evening staff arrives to run group sessions attended by Rode Solid Clients. 10 employees are present representing 10 vehicles. Cllento arrive via 3 vans at 15•minuto Intervals. The approximate number of clients is W The total vehicles on site is 13. 6:30.8:30 PM Groug simians held ONES this time period. 8:30-9:00 PM Passenger vans arrive to transport clients to their homes at 15-minuto intervals. The employees leave at 9:00 PM once the lost passenger van leaves the site. 8:00 AM -5:00 PM Therapist may schedule an appointment with a client on ark, as needed basis. If an appointment occurs the number of vehicles Is 2 -one for the therapist and one for the client who Is transported to the premises via Rock Solid vehigl 50urcw Applicant Letter hated DocarnMr 1 tt. 2014 — T-- -- - -�-� - — SOLID LANDINGS 108 ZA-16-01 April 23, 2015 Page 6 of 13 7to 4pgrationa rrmesrlras Dropos at licani to mid ate To Pik}, n�, urF n s .^, t% nt. r' a s lc�rr -tram z��,rL L�St. r' 7.g�l� staff acknowledges that the measures described In the applicant's letter may address parking shortages. However, staff is recommending, as a condition of approval, that if parking shortages or other parking -related problems arise, the business operator shall Institute appropriate operational measures necessary to eliminate the problem. Additionally, based on the large parking shortfall, staff is recommending a number of conditions to ensure that the use is conducted entirely on the property so as to avoid parking shortfalls in the surrounding neighborhood ars a result of the applicant's use. T e n o ftJratf rr of thQ padci_nqarea limits vohicia !n rgss and e ress t i E r afi rldifla a c r' f a a cel sfrgo ra ocent to a residanlrar nQi jz� aoci' rl grofnro, vofjt'r erar - eta r 79rr' Street will be rorluired_to. �v provlded. fanlike the other commercially -Zoned properties on this block, which provides vehicular access from West 191h Street as well as Plumer Street, the subject property's sole vehicular Ingress and egress is from Plumer Street. The current gate design lacks an adequate throat far vehicles accessing the parking lot, no kiosk for drivers to access the key pad, and no turnaround area for vehicles that do not gain access into the facility. As a result approaching vehicles are routinely blocking the public sidewalk and extending Into through -lanes of traffic while the drivers exits the vehicle to access the key pad placed at the sidewalk adjacent to the gate. The Transportation Services Division has reviewed the applicant's proposal and has determined that to reduce the number of vehicles using Plumer Street to acmes the site, the driveway on West Wh Street should be restored, the gate and van parking spaces blocking the access from West 1911 Street should be removed, and West 191" Street used as the main access to the site, with Plumer Street being designated for egress of vehicles only. This has been Incorporated as a condition of approval. The reopening of the 1 9th Street gate will result in the loss of 5 additional parking spaces, putting the applicant at a scant 24 available spaces, with a 43 -space shortfall. The applicant has stated it will only need 20 spaces, 17 for employees and 3 for client vans. Future development of all land within the City of Costa Mesa Is guided by the General Plan adopted in 2002. The General Plan sets forth land use goals, policies, and objectives that guide now development and uses. Based on the issues discussed in the previous sections, the request, as conditioned, is consistent with the following goats and objectives of the General Flan, SOLID LANDINGS 109 Z, -15 -fit April 23, 2015 Page 7 of 13 « abjectivo LU-IF.1: Protect exlaUng stabilized residentiai nelghbodioods from the encroachment of incompatible or potentially disniptive land uses andlor activities. • Objective CIR-11A.14: Reducs or eliminate Intrusion of commuter through tMffic on local streets In residential neighborhoods. They project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt under Section 15301, Existing Facilities, of the CEQA Guldellnes. DING A. The informatan presented complies with Costa Masa Municipal Code Section 13- 29(g)(2) In that: Finding: The proposed use is compatible with developments in the same general area and would not be materially detrlmental to ether properties within the area. Facts In Support of Findings: Based art the Uadj&, QL the ysg_aa _gdgguytm Qumber pl on-site padingamen Ig oroyidect As noted earlier. 67 parking spoor Is required for tho use, 24 on-site parking spates is provided, a shortfall of 43 spaces required for the use. However, lased on the information provided by the applicant, an adequate number of on-site parking spaces can be provided for the use, Finding: Granting the minor conditional use permit will not be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Facts in Support of Findings: Tit cry n tr r' !'on of eparking says limits y laic! In r�alt eg!rM to Lhe Plumer Sir of erGatin additional commercial traffic on,p local street ad scene to a residential neighborhood. therefore vehk-uiar a cess f m1VIStrcLQtmffl_re( jkgd to be pmviderl Unlike the other commercially -zoned properties on this block, which provides vehicular access from West 191h Street as well as Plumer Street, the subject property's stele vehicular ingress and egress is from Plumer Street. The Transportation Services Division hes reviewed the applicant's proposal and has determined that to reduce the number of vehicles using Plumer Street to access the site, the driveway on West 19th Street should be restored, the SOLID LANDINGS 110 ZA-15-€l1 Apr1123. 2015 Page B of 13 gate and five van parking spaces blocking the aooes$ from West 1 g1h Street should: be removed, and West IF Street used as the maul access to the site, with Plumer Street being designated for egress of vehicles only. This has been incorporated as a conylltlon of approval. Finding: Granting the minor conditional usa permit wilt not allow a use, density, or intensity which is not In accordance with the General plan designation. Facts In Support of Findings; The request Is consistent with the folkrMng goals and objectives of the General Plan: 10 Objective LU -1F.1: Protect existing stabilized residential neighborhoods from the encroachment of incompadble orpotentialiy dimpdve land uses an&br acctiwltios. Consistency. The measures described in the applicant's letter may address parking shortages. However, staff is recommending, as a condition of approval, that if parking shortages or other parking -related problems anise, the business operator shall institute appropriate operational measures necessary to minimize or eliminate the problem. Therefore, the request is consistent with this General Plan goal. Objectives CIR-1A.14: Reduce or eliminate intrusion of commuter through traffic on local streets in residential neighborhoods. Consisfency. Unlike the other commercially -zoned properties on this block, which provides vehicular access from West 19th Street as well as Mumer Street, the subject propertyrs sale vehicular Ingress and egress is from Plumer Street, The Transportation Services Division has reviewed the applicant's proposal and has determined that to reduce the number of vehicles using Plumer Street to access the site, the driveway on West 19th Street should be restored, the gate and van parking spaces blocking the access from West 19th Street should be removed, and West 19th Strut used as the main access to the site, with Plumer Street being designated for egress of vehicles only. This has been incorporated as a condition of approval. Therefore, the use is consistent with this General Plan goal. B. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQ,A Guidelines, and the City environmental procedures, and has been found to be exempt under Section 15301, Existing Facilities, of the CEQA Guidelines SOLID LANDINGS 111 ZA-15-01 April 23, 2015 Page 9 of 13 C. The project is exempt from Chapter ?til, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. Ping. 1. The conditions of approval, crude requirement, and sp"lal district requirements of 15.01 shall be blueprinted on the face of the site plea as part of the plan check submittal package (if plan check is required). Z. The onsite activities shall be as follows: . 6:00 AMI The first Rock Solid employe® arrives in a company vehicle and parks In the gated lot. 7:30.9:34 AM 18 additional Rock Solid employees andfor therapists arrive in personal or company vehicles. 8:4"AS AM Clients from 4 different solar living homes arrive vfa 3 12 -seat passenger vans, The vans drop clients off within the gated parking lot and do not remain onsite, The total number of clients that arrive via the 3 passenger vans range from 21.30. The vans arrive at 18 minute intervals so as not to overlap. 9:15 AM -3:00 PM Clients rotate through ono -on -one therapy, group counseling, computer lab11ibrary time, lunch, and fma time. 3:00.3:30 FSM Three passenger vans arrive to tramport chants to the gym. Clients not Wishing to go to the gym are transported horns. Clients do not return until the fallowing ray. The vane arrive at 15 minute Intervals so as not to overlap. 3:G"= PM Staff remains until 5:00 PM 6:O":00 PM A cleaning crew of 3-6 people arnfve in 1 or 2 cars and stays for 1 hour, 6:00 P":30 PM Evening staff arrives to run group sessions attended by Rock Solid Clients. 10 employees are present representing 10 vehicles, Clients arrive via 3 vans at 15 -minute intervals. The approAmats number of clients Is 30. The total vehicles on site is 13. 8:34.8:30 PM Group sessions held during this time period. 8;30-9:00 PM Passenger vans arrive to transport clients to their homes at 16 -minute intervals. The employees leave at 9:04 PM once the lest passenger van leaves the site. 4 . SUMMARY SOLID LANDINGS 112 ZA-15-01 April 23, 2015 Page 10 of 13 8:00 AM•5:00 PM Therapist may schedule an appointment Milli a client on an as needed basis, iF an appointment occurs the number of vehicles to 2 --one for the therapist and one for the client who Is transported to the premises via a RocR Solid vehicle. 3. No employees, clients or vlsitors to the property shall park on City streets. All parking for the ore shall take place on the property in designated parking spaces. 4. All clients shall be dropped off and picked up In the parking area. No pick-up or drop-off will occur in the driveways or public right-of-ways. 5. The use shall be limited to the type of operation as described herein. Any change in the operational characteristics shall require review by the Planning Division and may require an amendment to the conditional use permit, subject to either Zoning Administrator or Manning Commission approval, depending on the nature of the proposed change. The applicant is reminded that the Municipal Code allows the Planning Commission to modify cw revoke any planning application based on findings related to public nulsanca andfor noncompliance with conditions of approval (Title 13, Section 13-29(o)]. 0_ The zoning application herein approved shall be valid until revoked, The Director of Economic & Development/Deputy CSO or his designee may refer the zoning application to the Planning Commission for modification or revocation at any time if, in his opinion, any of the following circumstances exist 1) the use is being operated In violation of the conditions of approval; 2) the use Is being operated in violation of applicable laws or ordinances or 3) one or more of the findings upon which the approval was based are no longer applicable. T. if any section, dMalon, sentence, clause, phrase or portion of this approval is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. 8. If parking shortages or other parking -related problems arise, the business operator shall institute appropriate operational measures necessary to minimize or eliminate the problem. 9. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The applicant and/or operator shall Institute whatever security and operational measures are necessary to comply with this requirement. 10. A copy of the conditions of approval for the conditional use permit must be kept on premises and presented to any authorized City official upon request. New SOLID LANDINGS 113 ZA-15-01 April 23, 2015 Page 11 of 13 businesslproperty owners ah,all be notified of conditions of approval upon transfer of business or ownership of land. 11. The applicant shall contact the Planning Division to arrange a Planning inspection of the site. This inspection Is to confirm that the Planning Division conditions of approval and coda requirements have been satiafled. 12. iVo later than 90 days from the date of approval, the landscape setback areas along the W. 190 Street frontage shall be landscaped with trees and vegetation. The landscape plan shall contain 24 -inch box trees to the satisfaction of the Development Services Director. 13. Applicant shall defend, indemnify, and hold harmless ft City, its elected and appointed officials, agents, officers and employees from any claire, action, or proceeding (collectively referred to as "proceeding") brought against the City, its elected and appointed officials, agents, officers or employees arising cut of City's approval of the project, Including but not limited to any proceeding under the California Environmental Quality Act. The indemnification shall include, but not be limited to, damages, fees and/or casts awarded against the City, if any, and cost of suit, attorney's fees, and rather casts, liabilities and expenses incurred in connection with such proceeding whether Incurred by the applicant, the City and/or the parties initiating or bringing such proceeding. This indemnity provision shall include the applicant"e obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth In this section. City shall have the right to select the attorney defending It, if It elects to do so. 14. Applicant shall obtain Planning approval for the construction of the commercial driveway on W. 9th Street, pursuant to condition IS, below. Trans. 15. No later than 45 days from the date of approval. revise the parking area and access gates as follows; a) Construct commercial driveway at the exlsting approach on W. 18th Street leading to the parking area at the rear of the site, which shall be user/ for vehicle ingress, unless otherwise directed by the Transportation Services Division. b} Eliminate any parking spaces which interfere with the driveway access to the parking area at the rear of the site to comply with the standard drive aisle dimensions per the CWs Parking Design Standards. 0 Onsite vehicular circulation shall comply with the City's Parking Design Standards. d) Existing Plumer Street access shall only be used as vehicle egress, SOLID LANDINGS 114 ZA-15-g1 April 23, 2015 Page 12 of 13 unless otherwise directed by the Transportation Services Division. IS. Na later than 39 days from Me date of approval, existing vehic6 gate locations shall be submitted to the Transportation Services Division for review and approval. If they existing gate locations cannot be approved, the applicant shall relocate andfor remove the vehicle gates as necessary. Fire 17. All vehicular acres gates shall wnply with the requirements of Sections SDS. I and 598.2 of the 2013 California Fire Code (or any successor provisions), so as to provide access to emergancy crews. A Knox system for gate acmes must be obtained through the Costa Masa Fire Department within 30 days from the date of approval for the existing gate on Plumer Stroet, and concurrently with the approval of the gate on W. 19th Street- 0012E.REQUIRgMIEM The following list of federal, state and local laws applicable to the project has been compiled by staff for the applicant's reference. Any reference to °City" pertains to the City of Costa Mass. Ping, 1. This use, as well as all contractors and subcontractors doing construction -related activity on the site, shall have vafld business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained. 2. Approval of the zoning application is valid for one (1) year from the effective date of this approval and will expire at the end of that period unless appilcant establishes the use by one of the following actions: 1) obtains building permit(s) for the authorized constmetion and initlates construction: and/or 2) obtains a business license and/or legally establishes the business. If the applicant Is unable to establish the use/obtain building permits within the one-year time period, the applicant may request an extension of time. The /Manning Division must recelve a written request for the time extension prior to the expiration of the zoning application. 3. The project Is subject to compliance with all applicable Federal, State, and local laws. A copy of the applicable Costa Mesa Municipal Code requirements has been forwarded to the Applicant and, where applicable, the Authorized Agent, for reference. 4. Street address shall be visible from the fascia adjacent to the main entrance or on another prominent location. Numerals shall be a minimum twelve (12) inches in height with not less than three -fourth - inch stroke and shall contrast sharply with the background. identification SOLID LANDINGS 115 -18.01 April 23, 241 a Fuge 13 of 13 of individual units shall be provided adjacent to the unit entrances. Letters or numerals shall be four (4) inchas in height with not Wa than one -fourth -inch stroke and shall contrast sharply with the background. S. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Divialon. S. Two (2) sats of dataifed landscape and irrlgation plans, which meet the requirements set forth in Costa Mesa Kinicipai Cade Sections 13-101 through 13-108, shall be required as part of the project plan check revlevr and approval process. Rans shall bo forNarded to the Planning Division fair final approval prior to issuance of building permits. 7. Landscaping and irrigation shall be Installed in accordance with the approved plans prior to final Inspection or occupancy clearance. S. Two (2) sets of landscape and Irrigation plans, approved by the Planning Division, shall be attached to two of the final building plan, sets. Bldg. S. Comply with the requirements of the following adopted codes: 2013 California Building Code, 2013 California Electrical Cade, 2013 California Mechanical Code, 2013 California Plumbing Cade, 2013 California Green Building Standards Code, and 2013 California Energy Code (or the applicable adopted California Suilding Cade, California Electrical Code, California Mechanical Code, California Plumbing Code, and California Green Building Standards and California Energy Code at the time of plan submittal or permit issuance) and California Cade of Regulations, also known as the California Building Standards Cade, as amended by the City of Costa Mesa. 10. Requirements for accessibility to sites, facilities, buildings and elements by Individuals with disabilities shall comply with chapter 115 of the 2013 California Building Code. SOLID LANDINGS 116 Exhibit "C" Costa MesaR C C E i V E D CITY CL R' K City of Costa Mesa 1.5 APR 30 PN 1= 12 ❑ Appeal of PT8i1ning Commisslon Dedslon - $1,220.00 ❑ Appeal of Zoning Admini l�tprl5 a[{ oT I I k mgo,00 APPLICATION FOR APPEAL' OR REVIEW By l`I MESA Applicant Name" Address REQUEST FOR' ❑ APPEAL Fq-"REVlEW`- Decision of which appeal or review Is requested: (give application number, if applicable, and the date of the decision, If known.) rr U -?j 6-6), Reasons for requestV9 appeal or review: �.�e�u ✓ �'�'� ��� DC7 � ���f �' J lisp e4 a,, -? Date: �. �1 f �r Signature: �� c. `If you are serving as the agent for another person, please Identify the person you represent and provide proof of authorization. "Review may be requested only by Planning Commission, Planning Commission Member, Clty Council, or City Council Member For office use only — do not write below this line Vr 11-0 SCHEDULED FOR THE CITY COUNCIL/PLANNING COMMISSION MEETING OF: If appeal or revle'N is for a person or body other than City Council/Planning Commission, date of hearing of appeal or review: 60I � SOLID LANDINGS 134 Exhibit "D" O'NEIL LLP ATTORNEYS AT LAW KATHLEEN A. DONAHUE DEAN DUNN-RANKIN 19900 MACARTIfUR BOULEVARD, SUITE 1050 SANDRA A. GALLE IRVINE, CALIFORNIA 92612 WILLIAM E, HALLE (949) 798-0500 • (949) 798-0511 (FAX) ANDREW K. HARTZELL WEBSITE: www.oneil-lip.com LAWRENCE J. HILTON WRITER'S DIRECT DIAL: (949) 798-0734 EMAIL: doneil@oneil-Ilp.com May 29, 2015 VIA E-MAIL AND U.S. MAIL Robert Dickson Chairman Costa Mesa Planning Commission 77 Fair Drive PO Box 1200 Costa Mesa, CA 92628-1200 Re: Zoning Application ZA-15-01 JOFM D. HUDSON DENNIs D. O'NEIL JAY F. PALCHIKOFF PAUL A. ROWE WILLimm L. WOMEY JOHN P. YEAGER Received City of Costa Mesa Development Services Department MAY 2 9 2015 Dear Chairman Dickson and Members of the Costa Mesa Planning Commission: By letter dated April 23, 2015, notice of approval and the decision of Zoning of Application ZA-15-01 Minor Conditional Use Permit for Parking Reduction for Grou9 Counseling Use (Solid Landings Behavioral Health, dba Rock Solid Recovery) 657 West 19 Street, Costa Mesa ("MCUP Building") was sent by Willa Bouwens-Killeen, Zoning Administrator to the applicant. The decision 5:00 p.m. on April 30, 2015. A copy of the Application ZA-15-01 is attached under TAB A. Application for Appeal or Review of the Zoning Administrator became final at Zoning Administrator's decision in Zoning On April 30, 2015, Stephan H. Andranian, in his capacity as a Member of the Costa Mesa Planning Commission, filed an Application for Review of the Zoning Administrator's decision in Zoning Application ZA-15-01, No fee was charged to Planning Commissioner Andranian for filing this Application for Review. Planning Commissioner Andranian withdrew his Application for Review of the Zoning Administrator's decision in this case on May 26, 2015. But for his position as a member of the Planning Commission scheduled to conduct a hearing on ZA-15-01, Planning Commissioner Andranian is now no longer a party initiating the review of ZA-15-01, but this situation could, however, create a conflict of interest or pre -hearing bias requiring Planning Commissioner Andranian to recuse himself from the hearing. The conflict would be based on the principles of a need for providing due process and a fair hearing discussed in the recent decision of the California Fourth District Court of Appeal in the case of Woody :s Group v. City of Newport Beach which held that a council member could not sit as a judge on a case called up from a lower decision-making body. N153395v1 10217.2 SOLID LANDINGS 99 Robert Dickson May 29, 2015 Page 2 On April 30, 2015, Ann H. Parker representing herself, Residents and TBON filed an Application for Review of the Zoning Administrator's decision in Zoning Application ZA-15- 01. Ann Parker paid an Application for Review fee of $690.00 ("Parker Request for Review"). The Residents, I assume, are all the residents of Costa Mesa which are obviously a group not certified as a class qualified to join in this Application. I have learned that TBON stands for "Take Back Our Neighborhood" although I do not luiow if this is a legally formed entity or if Ann Parker is authorized to represent TBON. The Application for Appeal or Review requires an applicant to marls the box for "Appeal" or the box for "Review." The application expressly states on its face the "Review" may be requested only by Planning Commission, Planning Commission Member, City Council or City Council Member. Nevertheless, Ann Parker marked the wrong box requesting a "Review" of the Zoning Administrator's decision in case ZA-15-01. The form of the Application for Appeal or Review filed by Ann Parker is attached under TAB B. The Parker Request for Review has been calendared for consideration at the regular meeting of the Planning Commission to be held on Monday, June 8, 2015. This law firm has been retained by Solid Landings Behavioral Health, dba Rock Solid Recovery to represent their position and present their arguments for support of upholding the decision of the Zoning Administrator in case ZA-15-01 and requesting dismissal of this case. Procedure for Appeal The procedures relating to the method of appeal and review of decisions of the staff, committees, commissions and City Council are set forth in Ordinance No. 13-08 amending Chapter IX of Title 2 of the Costa Mesa Municipal Code (Sections 2-300 through 2-314). Ordinance No. 13-08 was adopted by the Costa Mesa City Council on December 3, 2013 (copy attached under TAB Q. Section 2-311 of Ordinance No. 13-08 states that the procedures set forth in this chapter are the exclusive methods by which appeals and reviews may be pursued and none of the steps set forth herein may be waived or omitted. Ann Parker failed to follow these procedures by marking the wrong box requesting a "Review" which cannot be waived and interpreted to mean she meant to check the "Appeal" box. Section 2-303 of Ordinance No. 13-08 states that any affected person may, within the time limit set forth in Section 2-305, file an application for appeal with the City Cleric. Said application shall contain sufficient information to identify the party, its interest in the matter, and the reasons for requesting an appeal. Section 2-301 of Ordinance No. 13-08 defines "Affected Person" to mean "any person, including the applicant, any city staff member, committee, or commission who has an interest in the matter at issue or whose health, safety, or welfare may be affected by the decision." Section 2-301 defines "Review" to mean reconsideration of the decision of any city employee, committee, or commission requested by the City Council, on its own motion, or upon request of any City Council member, in order to consider the decision and any broad legislative and policy factors involved. This could mean the only body having jurisdiction to review a decision of the Zoning Administrator is the City Council. If this is the s153395v1 10217.2 SOLID LANDINGS 100 Robert Dickson May 29, 2015 Page 3 case, the Planning Commission would be preempted from reviewing a decision of the Zoning Administrator in case ZA-15-01 according to Section 2-301. The Parker Request for Review fails to provide any justification or suflicient information to identify herself, the Residents or TBON as having such an interest in the matter at issue to be qualified as an "affected person" or "affected persons" or having any interest affecting their health, safety or welfare. The reasons set forth in the Parker Request for Review states that the conditions imposed by the Zoning Administrator's decision have been ignored. This allegation is just not true, has no merit and would not give rise to Ann Parker being an "Affected Person." In any event the conditions are in the process of being implemented during the period time as authorized by the MCUP. Regardless, Ann Parker, the Residents and TBON lack standing to request review which can only be made by the Planning Commission, a Planning Commission member, the City Council or a City Council Member. A search of the City's records disclose that Amt Parker on a number of occasions has appeared before the Costa Mesa Planning Commission and City Council to voice her objection to the City's ordinances and regulations allowing group homes to exist in the City. Ann Parker has expressed strong feelings against providing these services for recovering addicts in Costa Mesa. The City, however, as a public entity must conduct itself in compliance with federal and state law. The City is bound by the provisions of the Americans With Disabilities Act and other state and federal constitutional guarantees to prevent discrimination against persons disabled by addiction. Nevertheless, Ann Parker has shown in her prior testimony before the Planning Commission and City Council her ill -will against these facilities and this ill - will is likely to be the true motivation behind the Parker Request for Review of the Zoning Administrator's decision in case ZA-15-01. Ann Parker is not an "Affected Person" in this case but is attempting to use this process to promote her established position in opposition to group homes in Costa Mesa. This is not relevant to case ZA-15-01 and constitutes an abuse of process. Zoning Administrator's Decision The Zoning Administrator's decision contains a comprehensive report in granting the Minor Conditional Use Permit ("MCUP") to allow a parking reduction for the group counseling use conducted by my client in the MCUP Building, a two-story, 6,710 square foot commercial building located at 657 West 19`1' Street. The Zoning Administrator considered in detail: the land uses surrounding the MCUP Building; a description of the MCUP Building uses; the justifications for approving the MCUP; and the consistency with the goals and objectives of the General Plan and permitted uses in the C-1 zoning district. The Zoning Administrator not only had the evidence to consider submitted by my client but had input and could rely on the professional recommendations from the City Transportation Services, Economic and Development Services, and the Fire and Police Departments to assist in reaching this decision granting the MCUP. The Zoning Administrator in support of her decision adopted findings stating: (i) the proposed use of the MCUP Building is compatible with other developments in the same general area and that an adequate number of on-site parking spaces can be provided for the use; (ii) granting the MCUP will not be materially detrimental to the health, safety and general welfare of the public or neighborhood; (iii) granting the MCUP is consistent with the goals and 9153395v1 10217,2 SOLID LANDINGS 101 Robert Dickson May 29, 2015 Page 4 objectives of the General Plan; and (iv) the existing neighborhoods will be protected from incompatible land uses and by reducing or eliminating intrusion of commuters through traffic on local streets. Most importantly, the Zoning Administrator attached 27 conditions of approval to the MCUP for ZA-15-01. The most significant conditions are: (i) limitation on the hours of operation of the MCUP Building; (ii) no employees, clients or visitors shall be allowed to park on City streets; (iii) the Planning Commission retains the power to modify or revoke the MCUP for noncompliance with the conditions of approval; (iv) if parking -related problems arise, the applicant shall institute appropriate operational measures necessary to eliminate the problem; and (v) provide that the main access to the parking for the MCUP Building be taken off of 10 Street and Plumer Street access shall only be used for vehicle egress. My client has agreed to abide by all conditions imposed by the Zoning Administrator and is in the process of implementing those conditions requiring any follow-up action. The outpatient counseling services conducted at the MCUP Building are provided for disabled men recovering from alcoholism and substance abuse. This is a permitted use in the City's General Plan and the MCUP Building zoning district. The American's with Disabilities Act prohibits state and local governments from discriminating against individuals with disabilities in virtually all governance activities and decision-making, including planning and land use. The overwhelming preponderance of the evidence presented to the Zoning Administrator clearly establishes the basis for issuance of Zoning Application ZA-15-01. Further, the findings and conditions of approval address the adequacy of onsite parking for the MCUP Building and serve to protect the health, safety and general welfare of the City and its residents and businesses. Any attempt to overrule the decision of the Zoning Administrator in Zoning Application ZA-15-01 would be without justification and considered arbitrary and capricious. Overruling the decision of the Zoning Administrator would further cause significant harm to members of a protected class under state and federal anti -discrimination laws. On behalf of Solid Landings Behavioral Health, dba Rock Solid Recovery, for the reasons set forth in this letter, I respectfully urge the Planning Commission to summarily dismiss the Parker Request for Review of Zoning Application ZA-15-01 and declare it to be void and of no force and effect. Very truly yours, ,*I�xfz e. 61"� Dennis D. O'Neil DDO/clt copy: Colin McCarthy (coli Tim Sesler twsesler Jeff Mathews (aventr Stephan Andranian (s Claire L. Flynn (clair Mel Lee (mel.lee cc Yolanda M. Summerl Kristen Ford (kristen, 9153395v1 10217.2 SOLID LANDINGS 102 Exhibit "E" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In re: APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF ZONING APPLICATION ZA-15-01 FOR A DEVIATION FROM PARKING REQUIREMENTS FOR A GROUP COUNSELING USE AT 657 W. 19TI1 STREET DECLARATION OF YESENIA UMANA I, YESENIA UMANA, declare as follows: 1. I am the Community Relations and Real Estate Liaison for Solid Landings Behavioral Health ("Solid Landings"), which is located in Costa Mesa, California. I submit this Declaration in connection with the scheduled June 8, 2015 meeting concerning the above -referenced matter. I have personal knowledge of the following facts and can testify truthfully and competently to the following: 2. On April 23, 2015, the Zoning Administrator approved Solid Landings' application for a minor conditional use permit to deviate from parking requirements for the building located at 657 West 191h Street in Costa Mesa, which Solid Landings uses for group counseling services. 3. The approval was subject to various conditions, some of which were given deadlines for completion. I am responsible for overseeing the implementation of the conditions according to the proscribed schedule. Condition 416 —Approval of Existing Gate Locations 4. Condition #16 requires Solid Landings to submit the existing vehicle gate locations to the Transportation Services Division for review and approval no later than May 29, 2015. DECLARATION OF YESENIA UMANA 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. On May 26, 2015, I spoke with Elizabeth Palacio, an Engineering Technician with the City of Costa Mesa, and submitted site plans to her for approval, The site plans showed the existing vehicle gate locations. 6. Between May 26, 2015 and June 3, 2015 I followed up with Ms. Palacio via e- mail and phone on multiple occasions but did not receive a response. I also visited the Transportation Services Division in person to follow up. I also requested updates from Pritam Deshmukh, an Associate Engineer with the City. 7. On June 4, 2015, Ms. Palacio returned the submitted site plans to me with handwritten comments and requests for additional information. 8. 1 am presently in the process of obtaining the requested information and will submit the supplemented plans to the Transportation Services Division for further review promptly. Condition #17 — Obtain Knox Systems for Gate Access 9. Condition #17 requires Solid Landings to obtain a Knox system for emergency gate access from the Costa Mesa Fire Department within 30 days from the date of approval for the existing gate on Plumer Street and concurrently with the approval of the gate on West 191h Street. 10. I have obtained the Authorization from the Costa Mesa Fire Department for the purchasing and installation of the required Knox systems. Condition #14 and 915 — Obtain Approval for Commercial Driveway 11. Conditions 914 and #15 require Solid Landings to obtain Planning approval for the construction of a commercial driveway on West 19t1 Street and to revise the parking DECLARATION OF VESENIA UNIANA 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 area and access gates pursuant to certain conditions, including the elimination of parking spaces that interfere with the West 191h Street driveway access to the parking area. 12. To date, the five parking spaces along the West 191h Street driveway access to the parking area have been eliminated, and i am working with Planning towards plans for the construction of a commercial driveway, as required. 13. Per the Conditions for Approval, we have until June 12, 2015 to obtain such approval. V ^'r Conditions and Code Requirement 14. I am continuing to diligently work towards fulfilling the various other Conditions for Approval, including a landscape plan for the setback areas along the West 191h Street frontage (Condition #12, to be completed before July 29, 2015), posting of a visible street address (Code Requirement #4), screening of mechanical equipment (Code Requirement #5), and the submission of various other plans to the Planning genrr t - for final approval. I declare under penalty of perjury pursuant to the laws of the United States of America that the foregoing is true and correct. Executed this 5 day of June, 2015 at Costa Mesa, California. 1 ,0 By. YESENIA UMAN A DECLARATION OF YESENIA UNIANA 3 Exhibit "F" DATE: PROJECT NO: SITE ADDRESS: FINAL ACTION: CITY OF COSTA MESA P O BOX 1200-- 777 FAIR DRIVE`} CALIFORNIA 92628'1200 DEVELOPMENT SERVICES DEPARTMENT NOTICE OF DECISION PLANNING COMMISSION ACTION June 9, 2015 ZA-15-01 657 West 191h Street At a noticed public hearing on June 8, 2015, Planning Commission reversed the Zoning Administrator's decision and denied Planning Application ZA-15-01, by adoption of Planning Commission Resolution PC -15-34. The final resolution is attached. APPEAL PERIOD: This decision will become final unless appealed by 5 p.m., Monday June 15, 2015 by the filing of the necessary form and fees with the City Clerk's office, located at 77 Fair Drive, Costa Mesa. PLANNING CONTACT: Mel Lee, Senior Planner, (714) 754-5611 mel.lee@costamesaca.gov If you have any questions or comments regarding this notice of decision, please contact the project planner (above) or me at 714-754-5278. Sincerely, Claire L. Flynn, AICD Assistant Development Services Director DISTRIBUTION: Solid Landings Behavioral Health Attn: Kristen Ford 2900 Bristol Street, Suite B-300 Costa Mesa, CA 92626 Building Division (714) 754-5273 - Code Enforcement (714) 754-5613 • Planning Division (714) 754.5245 FAX (714) 754.4856 - TDD (714) 754-5244 • www costamesec:a.gov Rock Solid Recovery 657 West 191h Street Costa Mesa, CA 92627 John Morehart 126 East 16th Street Costa Mesa, CA 92627 RESOLUTION NO. PC -15-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA REVERSING THE ZONING ADMINISTRATOR'S DECISION AND DENYING ZONING APPLICATION ZA-15-01 FOR A MINOR CONDITIONAL USE PERMIT FOR A REDUCTION IN ON-SITE PARKING SPACES FOR A GROUP COUNSELING USE AT 657 WEST 19TH STREET THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed Kristen Ford, representing John Morehart, the property owner, requesting approval of the following: Zoning Application ZA-15-01 is a Minor Conditional Use Permit to deviate from parking requirements for a group counseling use (Solid Landings) in a 6,710 square foot building (67 parking spaces is required for the use, 24 on-site parking spaces will be provided (29 existing minus 5 that will be lost when the West 19th Street gate is reopened per the conditions of approval) based on unique operating characteristics, WHEREAS, on April 23, 2015, the Zoning Administrator approved the request; and WHEREAS, on April 30, 2015, the Zoning Administrator's decision was appealed by a City resident; and WHEREAS, a duly noticed public hearing held by the Planning Commission on June 8, 2015 with all persons having the opportunity to speak for and against the proposal; and WHEREAS, the project was reviewed in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines; and it was determined that CEQA does not apply to the project, pursuant to CEQA Guidelines Section 15270(a), because the project was denied; and BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, the Planning Commission hereby reverses the Zoning Administrator's decision and DENIES Planning Application ZA-15-01 with respect to the property described above. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED this 8th day of 7Jup'e, 2015. / f Robert L. icks-on Jr, h ir, Costa Mesa Planning Commission STATE OF CALIFORNIA } } ss COUNTY OF ORANGE j I, Claire Flynn, Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution No. 15-34 was passed and adopted at a meeting of the City of Costa Mesa Planning Commission held on June 8, 2015 by the following votes: AYES: Dickson, Mathews, McCarthy, Sesler, Andranian NOES: None ABSENT: None ABSTAIN. None 4CIaiireFlyn�n', Secretary Costa Mesa Planning Commission EXHIBIT A FINDINGS (DENIAL) A. The information presented does not comply with Costa Mesa Municipal Code Section 13-29(g)(2) in that: Finding: The proposed use is not compatible with developments in the same general area and would be materially detrimental to other properties within the area. Facts in Support of Findings: The applicant's request cannot be supported based on the following: • The residential neighborhoods on Center Street and Plumer Street are being disrupted by the following activities related to the use; • Clients and employees have been observed parking on Center Street and Plumer Street instead of in the parking lot and walking to the facility; additionally, clients are walking to the faculty rather than being dropped off as indicated in the applicants' business plan. • Employees have been observed parking in the nearby Costa Mesa Senior Center parking lot and walking to the facility. • The client vans have been observed blocking traffic on Plumer Street and parking in the nearby Senior Center parking lot. • The above activities are inconsistent with the plan submitted by the applicants, which indicated that all employees park inside the property, all clients are dropped off by vans inside the property so as to ensure minimal impact on the neighboring properties and the adjacent residential neighborhoods. In light of the above the Planning Commission finds that, according to the applicant's submittals, the current operation should have little or no impact on parking and traffic. However, the current operation is spilling over into the neighborhood demonstrating that the proposed operating measures are inadequate to address the parking shortfall. The approval of ZA-09-34 for a group counseling center at 1901 Newport Boulevard, Suite 149, as cited by the applicant as basis for approval for the subject use, does not establish a precedent for the approval of this application based on the following: • The 1901 Newport property is zoned PDC, versus the C1 zoning for the subject property; • The 1901 Newport property is surrounded by commercial properties and a parking structure, versus the subject property, which is abutting residential uses; • The 1901 Newport property had a shortfall of 2 spaces, based on the shortfall of 38-43 spaces for the subject use; • The 1901 Newport property has available overflow parking on-site, versus the subject property; • The 1901 Newport property has no vehicle gates, versus the subject property; • The 1901 Newport property has all required building and fire safety permits and inspections, versus the subject property. The use is not being operated in compliance of the following conditions of approval and code requirements for ZA-15-01: • Conditions of Approval Numbers 3, 4, 5, 6, 8, 9, 11, 16, and 17; • Code Requirement Numbers 1, 3, 4, 9, and 10. The use as being operated constitutes a public nuisance per the following sections of Title 20, Chapter III, Article 1 Section 20-12 (Conditions or Uses Qualifying as a Public Nuisance): • Sections a, x, z, ff, gg, hh, jj, and II; • The facility has been operated for nine months without the necessary approvals as noted above; The findings upon which the ZA approval was granted are no longer applicable. Finding: Granting the minor conditional use permit will be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Facts in Support of Findings: The applicant's request cannot be supported based on the following: The property owner and applicant did not follow the correct procedures for obtaining the necessary building and fire safety permits and inspections for the use, including, but not limited to, the following: • Permits for interior and exterior alterations to the building, fire safety inspections, certificates of occupancy, and business licenses; • The addition of the security gate on Plumer Street; • The removal of the driveway and the addition of a vehicle gate on West 19th Street; • The addition of glass storefront windows along the building's West 1911 Street frontage; • Kitchen and kitchenette facilities were installed without the required OC Health Department permits and inspections; • Electrical conduits and piping were installed on the exterior of the building without the required electrical permits and inspections; • Rusted/damaged exterior stairs were installed without the required building permits and inspections. Finding: Granting the minor conditional use permit will allow a use, density, or intensity which is not in accordance with the General plan designation. Facts in Support of Findings: The request is not consistent with the following goals and objectives of the General Plan: • Objective LU -1 F.1: Protect existing stabilized residential neighborhoods from the encroachment of incompatible or potentially disruptive land uses and/or activities. • Objective CIR-1A.14: Reduce or eliminate intrusion of commuter through traffic on local streets in residential neighborhoods. As noted earlier, the applicant's request cannot be supported based on the following; • The residential neighborhoods on Center Street and Plumer Street are being disrupted by the following activities related to the use: • Clients and employees have been observed parking on Center Street and Plumer Street instead of in the parking lot and walking to the facility; • Employees have been observed parking in the nearby Senior Center parking lot and walking to the facility; • The client vans have been observed blocking traffic on Plumer Street and parking in the nearby Senior Center parking lot. B. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures. Pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270(a), CEQA does not apply to this project because it has been rejected and will not be carried out. C. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. Exhibit "G" eo=;;sztt':- a Mesa City of Costa Mesa �ELtIVEU CITY CLERK 15 JN 12 PM 1: I8 Q Appeal of Piannin==f pn - 57 22o.4Q ❑ Appeal of Zoning B st r� �is 90.00 APPLICATION FOR APPEAL OR REVIEW Applicant Name` Kristen Ford Address 2900 Bristol St., Suite B-300, Costa Mesa, CA 92626 Phone 949-467-9213 Representing Solid Landin s Behavioral Health REQUEST FOR: [✓ APPEAL [] REVIEW' Decision of which appeal or review is requested: (give application number, if applicable, and the date of the decision, if known.) Appeal of the Planning Commission's denial on June 8, 2015 of Zoning Administrator's approval of a minor conditional use permit allowing a deviation from parking requirements for the building at 657 W. 19th Street (Application ZA-15-01). Decision by: Plannine Commission Reasons for requesting appeal or review: The decision of the Planning Commission overruling the Zoning Administrator of approval of a minor conditional use permit to deviate from parking requirements for the applicant's group counseling facilities at 657 W. 19th Street denied the applicant a fair hearing on the following grounds: 1. The findings of the Planning Commission supporting the decision cannot be justified in fact or in law. 2. The decision of the Planning Commission was based on unsubstantiated testimony and evidence introduced by the appellant without opportunity for the applicant to review or respond resulting in a denial of due process of law. 3. The Planning Commission's decision resulted in a denial of the applicant's rights as a protected class under the American's With Disabilities Act and other state and federal anti -discrimination laws. Due to scheduling conflicts, I am respectfully requesting this appeal to be set for hearing at the July 21, 2015 meeting of the City Council. Date: June 12, 2015._ Signature: "If you are serving as the agent for another person, please identify the person you represent and provide proof of authorization. "Review may be requested only by Planning Commission, Planning Commisslon Member, City Council, or City Council Member For office use only — do not write below this line SCHEDULED FOR THE CITY COUNCIUPLANNING COMMISSION MEETING OF: If appeal or review is for a person or body other than City Council/Planning Commission, date of hearing of appeal or review: Exhibit "H" ORDINANCE NO. 13.08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING CHAPTER IX OF TITLE,2 OF THE COSTA MESA MUNICIPAL CODE GELATING TO APPEAL, REHEARING, AND REVIEW PROCEDURE WHEREAS, Chapter IX of Title 2 of the Costa Mesa Municipal Code provides for the review, appeal, and rehearing of decisions; and WHEREAS, the City Council desires to amend Chapter IX to preserve the appeal and review procedures and remove the rehearing procedure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS; Section 1. Chapter IX of Title 2 of the Costa Mesa Municipal Code is hereby amended as follows: CHAPTER IX. APPEAL AND REVIEW PROCEDURE Sec. 2300. Purpose, Sec. 2-301. Definitions. Sec. 2-302. City council review requests. Sec. 2-303. Procedure for appeal. Sec. 2-304, Reserved. Sec. 2-305. Time limitations for appeals and reviews. Sec. 2-306, Time limitation for issuance of permits. Sec. 2-307, Fees. Sec. 2-308. Notice of appeal or review. Sec, 2-309. Person or body to hear an appeal or review a decision. Sec, 2-310. Exhaustion of administrative remedies. Sec. 2-311. Exclusive procedures. Sec. 2-312. Accrual of certain claims, Sec. 2-313. Limitations on judicial review. Sec. 2-314. Severability. Secs. 2-315-2-400. Reserved. Sec, 2-300. Purpose. The purpose of this chapter is to provide an orderly and fair method of appeal and review of decisions of the staff, committees, commissions and council of the city, Ordinance No. 13-08 Page 1 of 7 SOLID LANDINGS 136 Sec. 2-301. Definitions. As used in this chapter, the following terms shall have the meanings set forth herein below: (1) Affected person means any person, including the applicant, any city staff member, committee, or commission who has an Interest in the matter at issue or whose health, safety, or welfare may be affected by the decision. (2) Appeal means reconsideration, bya higher authority, of the specific facts and circumstances of any final decision made by the city, any of its employees, committees or commissions or by the redevelopment agency. (3) Applicant means the person who applied for or requested the decision or action which is the subject of the appeal or review. (4) Council means the Costa Mesa City Council. (5) Decision means any final decision, finding, ruling, order or action. (6) Permit, as used in section 2-306, means anything referred to elsewhere in this Code as being a "permit' or "license." (7) Person shall have the meaning attributed in section 1-21 of this Code. (8) Review means reconsideration of the decision of any city employee, committee, or commission requested by the city council, on Its own motion, or upon request of any council member, in orderto considerthe decision and any broad legislative and policy factors involved. Sec. 2-302. City council review requests. Within the time limits set forth in section 2-305, the city council or any council member may request that a decision of any city employee, committee, or commission be reviewed by filing an application with the city clerk staffing the reasons for the requested review. Said review will be conducted according to the procedures specified in section 2- 303 and 2-309. The person or bodyto hear the review will be designated in the application by the person or body seeking such review and shall be as specified in section 2-309, unless the council as a whole specifies a higher level of review in the first instance. Sec. 2-303. Procedure For appeal. (1) Any affected person may, within the time limits set forth in section 2-305, File an application for appeal with the city clerk. Said application shall contain sufficient information to identify the party, its interest in the matter, and the reasons for requesting an appeal. Ordinance No. 13-08 Page 2 of 7 SOLID LANDINGS 137 (2) If the appeal Is to be heard by a person or body which conducts regularly scheduled meetings, the appeal shall be considered at the first regular meeting which follows receipt of the application by ten (10) or more days, and which allows sufficient time for the giving of notice as required by section 2-308 (3) If the appeal is to be heard by an Individual or body which does not conduct regularly scheduled meetings, the appeal shall be considered not more than ten (10) days following receipt of the application; provided that the time period may be extended if necessary to allow the giving of notice as required by section 2-308 (4) An appeal hearing shall consist of a new(I.e., de novo) hearing on the matter by the person or body specified in section 2-309. The appeal hearing shall be based on the following evidence: (a) Any relevant evidence, including staff reports, etc., submitted at the time of the prior decision and at the appeal hearing, and (b) Findings, if any, and decision of the person or body whose decision is being appealed. (5) Notwithstanding the provisions of this chapter, there shall be no right of appeal to the city council from a decision by a public officer designated by City Council Policy No. 100-7 on an application fora walverof fees for use of a city owned public facility or show wagon. A decision pursuant to City Council Policy No. 100-7 shall be subject to California Code of Civil Procedure section 1094.6. (6) If the original decision being appealed involved issuance of any permit, license, or other entitlement or approval or requested some action by the city, the applicant for the original decision shall have the burden of proof to support the granting of the requested issuance, approval, or action at the appeal. Sec. 2304. Reserved, Sec. 2305. Time (imitations for appeals and reviews. All applications for appeals and reviews must be filed, in writing, during regular business hours of 8:00 a.m, to 5:00 p.m., Monday through Friday, except holidays, and within the time limits hereinafter set forth: (1) For all matters relating to the approval, disapproval or extension of tentative and parcel maps, within ten (10) days from -the date of the final decision subject to appeal or review, Ordinance No. 13-08 Page 3 of 7 SOLID LANDINGS 138 (2) For all other items, within seven (7) days from the date of the final decision subject to appeal or review. (3) For all matters requiring approval by the city, its employees, committees, or commissions, and by the redevelopment agency, the time limits for all applications shall begin on the date of the later of the following: (a) Final decision bythe city, its employees, committees, orcommissions; or (b) Final decision by the redevelopment agency. If the final day for filing an application for appeal or review falls on a holiday or weekend day when city hall is closed, the application shall be filed no later than the next business day. Sec. 2-306. Time limitation for issuance of permits. Where a permit is sought and its issuance is contingent upon obtaining a prerequisite permit, the permit sought shall not be issued until the expiration of the time limit for seeking an appeal or review specified in section 2-305 applied to the prerequisite permit. Provided, however, that if an application for appeal or review of the prerequisite permit is filed within the specified time limits, the permit sought shall not be issued until seven (7) days following the final decision on the appeal or review. Any permit issued in violation of the provisions of this section shall be void. Sec. 2-307. Fees. Each application for appeal shall be accompanied by a processing fee in an amount determined by resolution of the city council. Sec. 2-308. Notice of appeal or review. Notice of the hearing for the appeal or review shall be given in the same manner as any required notice for the hearing at which the decision subject to the appeal or review was made. in all cases for the hearing for an appeal or review, written notice of the date, time, and place shall be given to the original applicant, if any, any prior applicant for appeal regarding the same matter, and for appeals the person requesting the current appeal Sec, 2-309. Person or body to hear an appeal or review a decision, The person or body to hear an appeal or review a decision shall be the following: (1) From a decision of the city staff to the department head; except that an appeal from a decision of the transportation services engineer regarding traffic matters pursuant to Title 10 of this Code, shall be made to the planning commission; Ordinance No. 13-08 Page 4 of 7 SOLID LANDINGS 139 (2) From a decision of the department head to the city manager; except that (a) an appeal from a declsion of the development services director on planning matters pursuant to Title 13 of this Code shall be made to the planning commission, and (b) an appeal from a declsion of the building official on building matters pursuant to Title 5 of this Code shall be to the access, building, fire and housing board of appeals as required by section 5-3 of this Code; (3) From a decision of the city manager to the city council; (4) From a decision of any city committee or commission to the city council, Sec. 2-310. Exhaustion of administrative remedies. Unless appealed or reviewed as provided herein, any decision becomes final for all purposes when made. Sec. 2-311. Exclusive procedures. The procedures set forth in this chapter are the exclusive methods bywhich appeals and reviews may be pursued and none of the steps set forth herein may be waived or omitted. Sec. 2-312. Accrual of certain claims. No claim for violation of constitutional rights for deprivation of economic use of property shall arise until and unless a claimant has secured a final decision on a permit application for a plan of development and on a request fora variance or similar relief from the zone or other development standard for a plan of development as specified in Title 13 of this Code. Sec, 2313. Limitations on judicial review. Notwithstanding any provision in this Code to the contrary, no court action or proceeding to attack, review, set aside, void or annul any decision or procedure of the City of Costa Mesa, its council, commissions,boards or officers, which has become administratively final shall be maintained byanyaggrieved person unless dulycommenced in a court of competent jurisdiction within ninety (90) days, as provided In California Code of Civil Procedure, Section 1094,6, incorporated herein byreference, and/oras provided in California Government Code section 65009, or any shorter statute of limitations provided by law. Sec. 2-314. Severability. If any provision of this chapter is found to be invalid or unconstitutional by interpretation or application to any person or circumstances, such Invalidity or Ordinance No, 13-08 Page 5 of 7 SOLID LANDINGS 140 unconstitutionality shall not affect the other provisions or applications thereof which can be given valid effect. Secs. 2-315-2-400, Reserved. Section 2. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessaryto effect the provisions of this Ordinance. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage, ATTEST: BRENDA GREE City Clerk )f December, 2013. APPROVED AS TO FORM: JOS DUART City Attorney Ordinance No. 13-08 Page 6 of 7 SOLID LANDINGS 141 I STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) f, BRENDA GREEN, City Clerk and ex -officio clerk of the City Council of the City of Costa Mesa, hereby certifythat the above and foregoing Ordinance No, 13-08 was introduced at j a regular meeting of said City Council held on the 5fh day of November, 2013, and 1 thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 3rd day of December, 2013, by the following roll call vote: AYES: COUNCIL MEMBERS: Mensinger, Monahan, Righeimer NOES: COUNCIL MEMBERS: Genis, Leece ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 4�h day of December, 2013, BRENDA GR EN City Clerk i Ordinance No. 13-08 Page 7 of 7 SOLID LANDINGS 142