HomeMy WebLinkAbout60 - PH-2 - Attachment 5 - 7/21/2015ATTACHMENT 5
L
i H -
City of Costa Mesa Received
City of Costa Mesa
Inter Office M e m o ra n d u m Development Services Department
JUN 0 8 2015
TO: CITY COUNCIL AND PLANNING COMMISSION
CC: TOM HATCH, GARY ARMSTRONG, AND CLAIRE FLYNN
FROM: WILLA BOUWENS-KILLEEN, ZONING ADMINISTRATOR
DATE: APRIL'23, 2015
SUBJECT: ZONING ADMINISTRATOR DECISION(S)
This is to advise you of the following decision(s) made by the Zoning Administrator
within the last week. The..decisionrs), will become final unless a member of thl
Planning;: Commission or City Counr�il requests a review of the decision(t) or an
interested party files an appeal by 5:00 p.m. on A ril 3d 2a15. Project descriptions
have been kept brief for this notice. As a result, there may be details to the project or
conditions of approval that would be of interest to you in deciding whether to request a
review of a decision. Please feel free to contact me by e-mail at willa.bouwens-
killeen(cD-costamesaca.gov if you have any questions or would like further details.
zX-Var2dpw 657 WEST 19TH STREET
Minor conditional use permit to deviate from parking requirements
for a group counseling use (Solid Landings) in a 6,710 square foot
building (67 on-site spaces required; 29 on-site spaces provided)
based on unique operating characteristics.
Approved, subject to conditions of approval.
Comments received: Two against.
ZA-15-04 1630 AND 1640 SUPERIOR AVENUE
Planned Signing Program for a freestanding sign across a private
street (Commercial Way) with the support structures on two private
properties on either side of the street. The sign is proposed at a
height of 29 feet (7 feet maximum height allowed) and area of
approximately 48 square feet
Withdrawn.
Comments received: Ten in support.
Seven against.
_qq,
City of Costa Mesa
(714)754-5182
From: Susan James-Iwarnoto [mailto
Sent: Tuesday, April 14, 2015 11:54 AM
To: ARMSTRONG, GARY
Subject: Re: Mesa Arts District - Planning Commission
Hi Gary, `
The issue we would like to discuss with the Planning Commission is much bigger than #ZA-15-04..Wl did___
Righeimer suggest we not burden staff with this and take it directly to the PlanningCam oa? we are
----------- --
❑ act upon is ad,—Meaand need your guidance on the best wa is.
t is about the "Mesa Arts" District and about the City wanting "Service Based" industries in the Industrial
Zoned Westside, as per John M � . (�]idYc�uget�-c ttr�tt cil with John
Morehart's Craigslist Ads?) C arl he has some insight with the City that we don't -and we are lase since
sislei��nith the general plan or the vision statement prepared between the council and
planning commission.
There has been no zoning or code enforcement actions against any of the uses he has implemented or intends
to implement based upon his Ads, leaving us to believe that his current and proposed uses are approved by the
)''City, just as he claims in his Ads.
The impact on Parking in the Westside Triangle is the greatest concern and increased pedestrian activity
1' without any crosswalks is also concerning. Maybe if you could come out and meet with us, and walk the area
with us so that your staff will have some insight about what is happening in the Westside Triangle - is that
possible?
Thank you,
Susan Iwamoto
From: "ARMSTRONG, GARY" <GARY.ARMSTRONG n,costamesaca.gov>
To: Susan James -Iwamoto
Cc: "FLYNN, CLAIRE" <CLAIRE.FLYNN(2costamesaca.Qov>; "BOUWENS -KILLEEN, WILLA" <WILLA.BOUWENS-
KILLEEN(2costamesaca. oovv>
Sent: Tuesday, April 14, 2015 10:06 AM
Subject: RE: Mesa Arts District - Planning Commission
Ms. Iwomoto,
As I indicated the pathway to get this on the Planning Commission Agenda is to appeal the Zoning Administrator's
decision following April 23. You have one week to file an appeal with the City Clerk's Office following the Zoning
Administrator's review.
This issue was not on the City Council's Agenda and thus there was no formal discussion or action by the City Council.
Although a Council Member may have given his opinion on the issue, that does not automatically elevate the issue to the
Planning Commission Agenda.
Gary
Gary Armstrong, AICP
Economic and Development Services
Director / Deputy CEO
City of Costa Mesa
(714)754-5182
From: Susan James -Iwamoto [mailto
Sent: Tuesday, April 14, 2015 8:52 AM
To: ARMSTRONG, GARY
Cc: FLYNN, CLAIRE; BOUWENS-KILLEEN, WILLA
Subject: Re: Mesa Arts District - Planning Commission
How does our group get on the Planning Commission Agenda?
Last council meeting Jim recommended we take this "controversial" matter to the Planning Commission
rather than deal with this through staff. Please advise.
-50�
Thank you,
Susan Iwamoto
From: "ARMSTRONG, GARY"<GARY.ARMSTRONG (2ccostamesaca.Qov>
To: Susan James -Iwamoto
Cc: "FLYNN, CLAIRE" <CLAIRE.FLYNN@costamesaca.,gov>; "BOUWENS-KILLEEN, WILLA" <WILLA.BOUWENS-
KILLEENgcostam esaca. aov>
Sent: Tuesday, April 14, 2015 8:16 AM
Subject: RE: Mesa Arts District - Planning Commission
Ms. Iwamoto,
The Zoning Administrator's review was continued until April 23. Following that there is a one week appeal period,
wherein the Zoning Administrator's decision may be appealed to the Planning Commission.
Gary
Gary Armstrong, AICP
Economic and Development Services
Director / Deputy CEO
City of Costa Mesa
(714) 754-5182
From: Susan James -Iwamoto [mailto _ ]
Sent: Monday, April 13, 2015 7:35 PM
To: ARMSTRONG, GARY
Subject: Mesa Arts District - Planning Commission
Dear Mr. Armstrong,
Last week on the 9th the Zoning Administrator was to make a decision
on the "Mesa Arts" District Sign to cross Commercial Way.
Many of the neighbors did not -receive public notices -on #his matter, W
we understand from City Council that this -matter is -deemed
"controversia '-�should-be taken up with the Planning Commission.
Would you please advise me on how to get on the Planning Commission Agenda,
and what the current status is for Application #ZA-15-04?
Thank you,
Susan Iwamoto
----- Forwarded Message -----
From: City of Costa Mesa Administrator <webmasterp_costamesaca.sov>
To:
Sent: Wednesday, April 8, 2015 12:41 PM
Subject: City of Costa Mesa: April 13 Planning Commission meeting agenda now available
Visit the link below to read this on our website.
http://www.costamesaca.gov/index.aspx?page=40&recordid=1990
April 13 Planning Commission meeting agenda now available
Posted Date: 4/8/2015
The agenda and staff reports for April 13 Planning Commission meeting are now available here.
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-51-
Costa Mesa
PUBLIC RECORDS REQUEST
FOR OFFICE USE ONLY
CITY CLERK
15 APR 29 P11412: 19
LiiY GF CjflES"�
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responsible for the care and custody of all official records for the City of Costa Mesa, and strives to
provide prompt and efficient access to public records to the citizens it serves.
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PLEASE NOTE: Generally, costs for black and white 8'/2" x 11" are ten (10) cents per page, as well as
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PLEASE COMPLETE THE FOLLOWING:
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Mailing Address: �' r
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Email Address:
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State: Zip Code:
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2
ate
From: LEE, MEL
Sent: Wednesday, November 19, 2014 10:24 AM
To: GUARRACINO, JERRY
Subject: FW: Zoning Verification Letter to Solid Landings at 657 West 19th
Jerry —
("-,,Rene opened the case in late September 2014 (see below). I visited the site and confirmed they were operating'there
on 10/30/14, the day Claire and I met with them to discuss their CUP application.
Mel
From: LEE, MEL
Sent: Thursday, October 30, 2014 3:41 PM
To: FLYNN, CLAIRE
Subject: RE: Zoning Verification Letter to Solid Landings at 657 West 19th
_C-5—
FYI —
Willa already opened a CE case on this.
Mel
From: GUARRACINO, JERRY
Sent: Tuesday, September 23, 2014 2:19 PM
To: ASHABI, MINOO; LEE, MEL; GARDEA, ANTONIO; CRAGER, CHELSEA; MONTEMAYOR, JOSHUA
Cc: ARMSTRONG, GARY; FLYNN, CLAIRE; BOUWENS-KILLEEN, WILLA
Subject: FW: Zoning Verification Letter to Solid Landings at 657 West 19th
Planners: Please be aware that there is a Drug and Alcohol Counseling Center trying_to get permits anc� i�in s license
to operate at 65 est 191h Street, see email train below. They are grossly under -parked for this use and would need a
rnor CUP to operate in this location. Just want to remind staff to be aware of this situation in case they go planner
shopping at the Count . If you have any questions please feel free to contact me for more information,
I
Thanks,
Jerry Guarracino, AICP
Assistant Director
Community Improvement Division
77 Fair Drive
City of Costa Mesa, CA 92626
Office (714) 754-5631 1 Cell (951) 544-5379
jeerry.guarracino@costamesaca.gov
From: MACIAS, RENE
Sent: Tuesday, September 23, 2014 1:45 PM
To: BOUWENS-KILLEEN, WILLA
Cc: GUARRACINO, JERRY
Subject: RE: Zoning Verification Letter to Solid Landings
I spoke with Solid Landings accounting who said they submitted a business license Friday. I told her that they needed to see planning.
See case CD -14-0466 on permits plus. Nov was issued.
Rene Macias
Code Enforcement Officer
77 Fair Drive
Costa Mesa CA, 92626
Ph (714)754-5168 Fox (714)-754-4856
From: BOUWENS-KILLEEN, WILLA
Sent: Friday, September 19, 2014 10:28 AM
To: MACIAS, RENE
Cc: GUARRACINO, JERRY
Subject: FW: Zoning Verification Letter to Solid Landings
Rene,
Please see below and open a case.
5`1-
Thanks!! Willa
From: GUARRACINO, JERRY
Sent: Friday, September 19, 2014 10:11 AM
To: MONTEMAYOR, JOSHUA; BOUWENS-KILLEEN, WILLA
Cc: FLYNN, CLAIRE; ARMSTRONG, GARY
Subject: FW: Zoning Verification Letter to Solid Landings
Willa — Please open a Code Enforcement case for this counseling center, it opened without adequate parking (see
attached letter). They need to relocate or apply for a Minor CUP. Before they decide to file the Minor CUP Application
they may want t�neet w— panning to iscuss w y hg"hiink a Minor CUP should be supported. On the surface I
don't see the a nlication being supported, as we have told two other recent applicants for similar uses. I would be
hippy to participate in that meeting. -"
Thanks,
Jerry Guarracino, AICP
Assistant Director
Community Improvement Division
77 Fair Drive
City of Costa Mesa, CA 92626
Office (714) 754-5631 I Cell (951) 544-5379
ferry.guarracino@costamesaca.gov
From: MONTEMAYOR, JOSHUA
Sent: Thursday, September 18, 2014 4:06 PM
To: GUARRACINO, JERRY
Subject: Zoning Verification Letter to Solid Landings
Hi Jerry,
-ss-
We spoke last week about 657 West 191' and the possibility of Group Counseling already being held on the
premises. Solid Landings requested a Zoning Verification Letter for the property and I wanted to forward it to you to
take a look at it before I sent it out.
Some background that I have gathered about the site:
Building is 6,792 square feet, zone R-1, currently 13 total parking spaces—a minor CUP will be needed.
Solid Landings claim they already have a business license to operate, but I double checked with Finance and there is
none.
The hold group sessions with 6-8 members who are either taken to the site via carpool, or walk from the neighborhood
where their rehab house is located.
Please let me know if you have any questions! Thanks!!—Josh
Joshua Montemayor
Planning Technician
City of Costa Mesa
T:714-754-5608
Joshua Montemayor costamesaca.gov
—5(0—
From: LEE, MEL
Sent: Wednesday, November 19, 2014 10:24 AM
To: GUARRACINO, JERRY
Subject: FW: Zoning Verification Letter to Solid Landings at 657 West 19th
Jerry —
Rene opened the case in late September 2014 (see below). I visited the site and confirmed they were operating there
on 10/30/14, the day Claire and I met with them to discuss their CUP application.
Mel
From: LEE, MEL
Sent: Thursday, October 30, 2014 3:41 PM
To: FLYNN, CLAIRE
Subject: RE: Zoning Verification Letter to Solid Landings at 657 West 19th
FYI —
Willa already opened a CE case on this.
Mel
From: GUARRACINO, JERRY
Sent: Tuesday, September 23, 2014 2:19 PM
To: ASHABI, MINOO; LEE, MEL; GARDEA, ANTONIO; CRAGER, CHELSEA; MONTEMAYOR, JOSHUA
Cc: ARMSTRONG, GARY; FLYNN, CLAIRE; BOUWENS-KILLEEN, WILLA
Subject: FW: Zoning Verification Letter to Solid Landings at 657 West 19th
Planners: Please be aware that there is a Drug and Alcohol Counseling Center trying to get permits and business license
to operate at 657 West 191h Street, see email train below. They are grossly under -parked for this use and would need a
— 67—
Minor CUP to operate in this location. Just want to remind staff to be aware of this situation in case they go planner
shopping at the Counter. If you have any questions please feel free to contact me for more information.
Thanks,
Jerry Guarracino, AICP
Assistant Director
Community Improvement Division
77 Fair Drive
City of Costa Mesa, CA 92626
Office (714) 754-5631 Cell (951) 544-5379
ferry.guarracino@costamesaca.gov
From: MACIAS, RENE
Sent: Tuesday, September 23, 2014 1:45 PM
To: BOUWENS-KILLEEN, WILLA
Cc: GUARRACINO, JERRY
Subject: RE: Zoning Verification Letter to Solid Landings
f spoke with Solid Landings accounting who said they submitted a business license Friday. I told her that they needed to see planning,
See case CD -14-0466 on permits plus. Nov was issued.
Rene Macias
Code Enforcement Officer
77 Fair Drive
Costa Mesa CA, 92526
Ph (714)754-5168 Fax (714)-754-4856
From: BOUWENS-KILLEEN, WILLA
Sent: Friday, September 19, 2014 10:28 AM
To: MACIAS, RENE
Cc: GUARRACINO, JERRY
Subject: FW: Zoning Verification Letter to Solid Landings
Rene,
Please see below and open a case.
Thanks!! Willa
From: GUARRACINO, JERRY
Sent: Friday, September 19, 2014 10:11 AM
To: MONTEMAYOR, JOSHUA; BOUWENS-KILLEEN, WILLA
Cc: FLYNN, CLAIRE; ARMSTRONG, GARY
Subject: FW: Zoning Verification Letter to Solid Landings
Willa — Please open a Code Enforcement case for this counseling center, it opened without adequate parking (see
attached letter). They need to relocate or apply for a Minor CUP. Before they decide to file the Minor CUP Application
they may want to meet with planning to discuss why they think a Minor CUP should be supported. On the surface I
don't see the application being supported, as we have told two other recent applicants for similar uses. I would be
happy to participate in that meeting.
Thanks,
Jerry Guarracino, AICP
Assistant Director
Community Improvement Division
77 Fair Drive
City of Costa Mesa, CA 92626
Office (714) 754-5631 1 Cell (951) 544-5379
ierry.guarracino2costamesaca.gov
From: MONTEMAYOR, JOSHUA
Sent: Thursday, September 18, 2014 4:06 PM
To: GUARRACINO, JERRY
Subject: Zoning Verification Letter to Solid Landings
Hi Jerry,
We spoke last week about 657 West 191h and the possibility of Group Counseling already being held on the
premises. Solid Landings requested a Zoning Verification Letter for the property and I wanted to forward it to you to
take a look at it before I sent it out.
Some background that I have gathered about the site:
Building is 6,792 square feet, zone R-1, currently 13 total parking spaces—a minor CUP will be needed.
Solid Landings claim they already have a business license to operate, but I double checked with Finance and there is
none.
They hold group sessions with 6-8 members who are either taken to the site via carpool, or walk from the neighborhood
where their rehab house is located.
Please let me know if you have any questions! Thanks!!—Josh
Joshua Montemayor
5ct—
Planning Technician
City of Costa Mesa
T: 714-754-5608
Joshua.Montema or. costamesaca.pov
From: GUARRACINO, JERRY
Sent: Thursday, December 04, 2014 11:20 AM
To: LEE, MEL; Elena Q. Gerli [mailto:EQG@jones-mayer.com]
Cc: FLYNN, CLAIRE; BOUWENS-KILLEEN, WILLA; ARMSTRONG, GARY; TUCKER, MIKE; NEAL, JON
Subject: RE: LETTER INCOMPLETE SOLID LANDINGS.doc
Thanks Mel, but what they are looking for is materials thatjustify the City's establishment of the 10 spaces per 1,000 Sq.
Ft. standard. I included you because I though you may have pulled some of that together, since Solid Landings has been
objecting to the standard from the start.
Jerry Guarracino, AICP
Assistant Director
Community Improvement Division
77 Fair Drive
City of Costa Mesa, CA 92626
Office (714) 754-5631 I Cell (951) 544-5379
i erry.guarracino 9 costa mesa ca. ov
From: LEE, MEL
Sent: Thursday, December 04, 2014 11:06 AM
To: GUARRACINO, JERRY; Elena Q. Gerli [mailto:EQG(@jones-mayer.com]
Cc: FLYNN, CLAIRE; BOUWENS-KILLEEN, WILLA; ARMSTRONG, GARY; TUCKER, MIKE; NEAL, JON
Subject: RE: LETTER INCOMPLETE SOLID LANDINGS.doc
I have the materials they submitted in October if you need to copy them for the PRR.
Thanks,
Mel
(et—
From: GUARRACINO
Sent: Thursda er-ember 04, 2014 :44 AM
To: LEE, MEL; BOUWE - WILLA; FLYNN, CLAIRE; MACIAS, RENE
Cc: ARMSTRONG, GARY; COOKE, ED; TUCKER, MIKE; NEAL, JON; GUARRACINO, JERRY
Subject: RE: LETTER INCOMPLETE SOLID LANDINGS.doc
HI Mel,
Thanks for the letter. I wanted to make you aware of a conversation I had recently with Ed Cook regarding this
site. Although Ed did not have the re ith him at that time his recollection was that the site may have open
permits for Tenant Improvements. ithou a final ins et i these Permits it i ❑s ' t Solid Landings should
not be operating even the administrative portion oft i r anp. Cafijo n n ut.of this location. Please chec ac witha
% on irm e s a us o t e r s, Tilt turns out that Ed's recollections are correct the letter should be modified
accordingly, Please let me know what you determine.
was out at the site last week and noticed what looks to be recently installed electrical conduit sleeves running the full
length of the east side of the building. It's hard to tell exactly how long they have been there but it was very shiny and
clearly installed more re s clan that side of the building.
I'm not familiar with the history, -of 1h81-6uird" g, but t'wo.#9atufes-taugb , attention and we should determine if these
modifications wer�done the benefit of permits or planning approval�The first is a PVC fence/gate the has closed
off the driveway from 19" Street to the back parking lot. T�paFTtingTot striping is done in a manner that suggests the
drive way to 19`h should still be in use. Also, the maintenance of an existing curb cut on 1911 St. (at the west end of the
property), suggest this driveway was never officially abandoned.
_.-�,/The other question I had, when I looked at the site was weather the metal fence and gate which close off the rear
parking area from Plumer St. was approved The gate is right behind the sidewalk which looks strange particularly now
t`Ti Tf �e access to is no onger open., itsome point we should determine if either of these modification have been
approved.' I could see them potentially getting approval for the gate (without any stacking) if their main access point
— 62
was from 19" Street. But as the only access point I'm surprised they were not required to ha some stacking before
the gate on Plumer St.
Hope these comments are helpful. Let me know if you have any questions.
Jerry Guarracino, AICP
Assistant Director
Community Improvement Division
77 Fair Drive
City of Costa Mesa, CA 92626
Office (714) 754-5631 1 Cell (951) 544-5379
Jerry guarracino@costamesaca.gov
From: LEE, MEL
Sent: Thursday, December 04, 2014 8:53 AM
To: BOUWENS-KILLEEN, WILLA; FLYNN, CLAIRE; MACIAS, RENE; GUARRACINO, JERRY
Subject: LETTER INCOMPLETE SOLID LANDINGS.doc
Please review and provide any comments/corrections.
Thanks,
Mel
— (p 3
Elena Q. Gerli
From:
LEE, MEL <MEL.LEE@costamesaca.gov>
Sent:
Monday, March 02, 2015 12:27 PM
To:
GUARRACINO, JERRY; TUCKER, MIKE
Subject:
FW: LETTER INCOMPLETE SOLID LANDINGS.doc
Attachments:
MX-3116N_20150302_122350.pdf
Just an FYI for you and Mike.
Thanks,
Mel Lee, AICP
Senior Planner
City of Costa Mesa
77 Fair Drive, Costa Mesa, 92628
Ph.. (714) 754-5611 Fax. (714) 754-4856
mel IeeCa-ocostamesaca.aov
e:o2s �ta 11 iesa - I /A-
Thank you for your help on this request.
--Jerry
Jerry Guarracino, AICP
Contract Assistant Director
Community Improvement Division
77 Fair Drive
City of Costa Mesa, CA 92626
Office (714) 754-56311 Cell (951) 544-5379
'Terry. uarracino costamesaca.�ov
To ensure the most efficient customer service, when visiting the Community Improvement Staff at City Hall,
please check-in at the Development Services Counter on the 2^d floor.
From: CHAMOUN, CHARLES
Sent: Monday, March 02, 2015 11:44 AM
To: LEE, MEL; BUCK, RANDALL; COOKE, ED
Cc: Elena Q. Gerli; JOSEPH, JOHN; METZ, ALLAN; GUARRACINO, JERRY
Subject: RE: LETTER INCOMPLETE SOLID LANDINGS.doc
The persons to talk to are Randy Buck and Allan Metz. I will forward copies to jerry for all the permits that were issued
and that are still in plan review.
From: LEE, MEL
Sent: Monday, March 02, 2015 8:24 AM
To: BUCK, RANDALL; COOKE, ED
Cc: Elena Q. Gerli; CHAMOUN, CHARLES; JOSEPH, JOHN
Subject: RE: LETTER INCOMPLETE SOLID LANDINGS.doc
Sorry, forgot to add the address (657 W. 191h Street).
Thanks,
Mel Lee, AICP
Senior Planner
City of Costa Mesa
77 Fair Drive, Costa Mesa, 92628
Ph. (714) 754-5611 Fax (714) 754-4856
mel lee(cDcostamesaca.00v
— &5
From: GUARRACINO, JERRY
Sent: Thursday, December 04, 2014 10:44 AM l 'F
To: LEE, MEL; BOUWENS-KILLEEN, WILLA; FLYNN, CLAIRE; MACIAS, RENE
Cc: ARMSTRONG, GARY; COOKE, ED; TUCKER, MIKE; NEAL, JON; GUARRACINO, JERRY
Subject: RE: LETTER INCOMPLETE SOLID LANDINGS.doc
HI Mel,
Thanks for the letter. I wanted to make you aware of a conversation I had recently with Ed Cook regarding this
the site may h
site. Although Ed did not have the records with him at that time his recollection was that ave open
permits for Tenant Improvements. Without a final inspection on these Permits itis possible that Solid Landings should
of t eirreration out of this location. Please check back with E�to
not be o erating even the administrative portion
confirm the status of their TI s, if it turns out ghat Ed's recollections are correct the letter should be modified
accordingly. Please let me know what you determine.
I was out at the site last week and noticed what looks to be recently installed electrical conduit sleeves running the full
length of the east side of the building. It's hard to tell exactly how long they have been there but it was very shiny and
clearly installed more recently than other conduit runs along that side of the building.
— (p(o'
I'm not familiar with the history of that building, but two features caught my attention and we should determine if these
modifications were done with the benefit of permits or planning approval. The first is a PVC fence/gate the has closed
off the driveway from 19"' Street to the back parking lot. The parking lot striping is done in a manner that suggests the
drive way to 191h should still be in use. Also, the maintenance of an existing curb cut on 191h St. (at the west end of the
property), suggest this driveway was never officially abandoned.
The other question I had, when I looked at the site was weather the metal fence and gate which close off the rear
parking area from Plumer St. was approved. The gate is right behind the sidewalk which looks strange particularly now
that the access to 19`'^ is no longer open. At some point we should determine if either of these modification have been
approved. I could see them potentially getting approval for the gate (without any stacking) if their main access point
was from 19`h Street. But as the only access point I'm surprised they were not required to have some stacking before
the gate on Plumer St.
Hope these comments are helpful. Let me know if you have any questions.
Jerry Guarracino, AICP
Assistant Director
Community Improvement Division
77 Fair Drive
City of Costa Mesa, CA 92626
Office (714) 754-56311 Cell (951) 544-5379
ierry guarracinogcostamesaca.gov
—1.11
11111111, g1j;1111 '''I'll
1\4esa
Costa
ZONING ADMINISTRATOR DETERMINATION
No. 08-5
SUBJECT: COUNSELING (INCLUDING GROUP COUNSELING)
CMMC SEC: TABLES 13,10 AND 13-89
DATE:
All 2008 .1
BACKGROUND
Thies eterminatiornsupercedes the Zoning Administrator Determination issued on
October 8, 2004.
There is a need to clarify the treatment of counseling offices under the Land Use
Matrix (Table 13-30) and parking "requirements (Table 13-89) of the zoning code.
Uses in question include career and vocational counseling; marriage, family, and child
counseling (MFCC); psychologists; psychiatrists; substance abuse counseling; and
similar services. Counseling may be provided on an individual, family, or group basis.
DETERMINATION
Individual and famil counselin services will be classified as "general office" uses,
and not as "medical offices." most, counseling services
ar o ' e! by professional without medical credentials thus, technically not
141 edical" uses and because of differences in operations characteristics (number of
clients/pati being served simultaneously, number of clients/patients in waiting
ms, number of exam or treatment rooms, number of support personnel, etc.).
Thus, individual and family counseling will be a permitted use where general offices
re permitted and a conditional use where general offices are conditional uses,
Parking requirements for individual and family counseling services will be the same as
for "general office" uses — currently 4 spaces per 1,000 sq. ft.ofgross floor area.
Group counseling services will (except in I&R and I&R-S zones) be classified in the
same way as "trade and vocational schools which is a listed use (currently #37) in
Table 13-30. This determination is in accordance with Section 13-30(d) which allows
i a use that is not listed (group counseling) to be treated in the same way as a
substantially similar use. Operational characteristics common to both group
-19g,
J1 counseling and trade/vocational schools include groups of people arriving and
departing at the same times, assembling for approximately hour-long sessions, and
having similar staffing levels. Thus, group counseling would be a permitted use in
most commercial zones, and a minor conditional use in industrial zones. However,
unlike trade and vocational schools, grou2 counseling, would not be permitted in I&R
and [ Ness it's 2art of the approved institutions use e. . hospi a
school, church)._
Parking requirements for group counseling services will be the same as for "trade
schools, business colleges, dancing and music academies" - currently 10 spaces per
I,qQO sq. ft, of gross floor area. Where hours of operation or other unique operating
aracteristics indicate that a lower parking requirement would be sufficient, a minor
conditional use permit may be processed, in eeofdan Sec iforr}- 9.5.
Planners should use their discretio cases where an office which primarily or
vides
individual or family counseling y hold occasional group sessions.
KIMBERLY BRA DT, AICP
Zoning Administrator
(71
GREEN, BRENDA
From:
Sent:
To:
Subject:
FYI
Sent from my iPhone
Begin forwarded message:
Robert Dickson
Thursday, April 30, 2015 11:59 AM
BOUWENS-KILLEEN, WILLA; GREEN, BRENDA
Fwd: Question re parking variance 657 W 19th
From: Barrie Fisher
Date: April 30, 2015 at 6:15:46 AM PDT
To: Robert Dickson
Subject: Re: Question re parking variance 657 W 19th
•.
Thanks for the information, you answered all my questions.
I'll let my neighbors on Senate St know. They're aware the facility has applied for a state license
at this location and were very concerned about the reduction in required parking spaces
considering how many visits per day this type of business could generate. They dealt with the
parking issues when the Serenity Shores house was operating on their street and know first hand
about parking problems. I doubt they'll have a problem once they know the parking restrictions
the city has in place for the location.
Thanks again for your help,
Barrie
-go-
GREEN, BRENDA
From: Robert Dickson
Sent: Thursday, April 30, 2015 12:00 PM
To: BOUWENS-KILLEEN, WILLA; GREEN, BRENDA; FLYNN, CLAIRE
Subject: Fwd: Question re parking variance 657 W 19th
Sent from my iPhone
Begin forwarded message:
From: Robert Dickson
Date: April 29, 2015 at 8:54:59 PM PDT
To: Barrie Fisher
Subject: Re: Question re parking variance 657 W 19th
Barrie,
I am familiar with this issue, it is a zoning administrator approval based on the specific and
unique characteristics of the business.
The applicant, or a member of the public, or a planning commissioner may appeal the zoning
administrator decision.
My understanding is that this type of use, group counseling where the individuals being
counseled are brought to the facility via bus or van, has been approved in the past. I also
understand that this approval has been heavily conditioned to ensure that only employees park at
the facility, and that the only "clients" that are brought there are brought via bus or van.
I am not sure about the handicap parking issue, can only imagine that those requirements must
be met if a certain amount of spaces are provided.
Please let me know if you have any questions, or would like to discuss this further. My phone
number is 714-878-2610. Thank you.
Rob
Sent from my iPhone
On Apr 29, 2015, at 6:02 PM, Barrie Fisher wrote:
Good afternoon,
_9I-
Are you familiar with the parking variance that was approved for 657 W 19th St?
It's the building between Taco Mesa and Mouse Graphics on 19th.
I was told the parking for the location should be at 67 spaces but a variance was
approved for only 29 actual spaces. And none of them are handicapped spots. I'm
not absolutely positive this info is accurate but I've heard it from two different
people today who said they saw it posted at City Hall which is why I'm asking.
If this is accurate, shouldn't something with such a large reduction in parking
spaces have come before either the Planning Commission or City Council for
1 discussion first?
Thanks for any information you can provide,
Barrie Fisher
Costa Mesa, CA
--12--
GREEN, BRENDA
From: LEE, M - <MELLEE@costamm sac '.gov>
Sent: Tuesd October 21, 2014 4 44 P
To: PLAN ING
Subject: FW: [B K]
Attachments: ZV - 657 c
Importance: Low
FYI if you are at the counter when this application comes in –
We have already rejected and refunded the filing fees for two similar group counseling/rehab MCUP's
with similar parking deficiencies (this one would be 55 spaces short) – if they insist on filing the
MCUP, take the application in but do not process the fee until we review further.
Thanks,
Mel
From: MONTEMAYOR, JOSHUA
Sent: Tuesday, October 21, 2014 3:40 PM
To: LEE, MEL
Subject: FW: [BULK]
Importance: Low
Hi Mel,
Solid Landings will be coming in sometime this week to apply for a MCUP to deviate from parking
requirements. Because this is for group counseling, I was wondering if there is anything I should be
concerned of before I process the application payment? I talked to Kirsten Ford (Solid Landing's
Attorney) and she was adamant about getting an MCUP.
Thank you!!—Josh
-1,3-
Joshua Montemayor
Planning Technician
City of Costa Mesa
T: 714-754-5608
Joshua. Montemayor@costamesaca.gov<mailto:Joshua.Montemayor@costamesaca.gov>
From: Kristen Ford [mailto:kristen.ford@solidlandings.com]
Sent: October 21, 2014 3:23 PM
To: MONTEMAYOR, JOSHUA
Cc: MACIAS, RENE
Subject: [BULK]
Importance: Low
Dear Josh,
Hope you are having a nice day. I understand you are handling the 657 19th Street matter. I would
like to schedule a time to come down with our paperwork on Thursday. Please let me know what
time works best for you.
Regards,
Kristen B. Ford, Esq.
Vice President and Corporate Counsel
Solid Landings Behavioral Health
The Waters at Creekside
2900 Bristol Street Suite B-300
Costa Mesa, CA 92626
Office: 949.467.9213 x182
Direct: 949.877.6718
—7-4—
kristen.ford@ solid Ian dings.com<maiIto: kristen.ford@ solid Iand ings.com>
Admissions: 800.852.4465
Solid Landings Behavioral Health<http://www.solidlandings.com/> I Sure
Haven<http://www. surehavensober.com/> I Rock Solid
Recovery<http://www.rocksolidtreatment.com/>
---------------------------------------------------------------------------------------------------------------------------------------
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_7S-
September 22, 2014
Solid Landings Behavioral Health
Michael Warden
2900 Bristol St. Suite B-300
Costa Mesa, CA 92626
RE: ZONING VERIFICATION LETTER
657 W. 19�'' STREET COSTA MESA CALIFORNIA 92£27
Dear Mr. Warden:
In response to your request concerning the zoning of the property, please be advised as follows:
sinss
1 _ The current zoning l Commercial.pG Group counseling cuseBsuareepermDistrict)
e
of the subject permitted tin this zone subject Planto
designation of Genera
parking per Zoning Administrator Determination 08-5.
2. The properties to the northando es south rezoned zoned he properties to the east are bounded by C1 and
R2 -HD zones. The properties
3. The property is located in the 19 West Urban Plan, adopted April 4, 2006.
4. According to Zoning Administrator Determination 08-5, group counseling requires off-street parking at
a rate of 10 spaces per 1,000 square feet of gross floor area. The subject property
ropeirtis developed
ove lope with a
r
6,792 square foot building and requires 68 parking spaces for a group g
spaces on site, the property has insufficient parking for this use and will require approval of a Minor
Conditional Use Permit for a deviation from parking requirements. A Minor Conditional Use Permit
application is attached.
approval ,. In the event that a group counseling is operating at the subject property prior to of a Minor
Conditional Use Permit and issuance of a business license at this address, code enforcement action
n` will be taken.
C nr
/6- Please contact the Building and Safety Division at (714) 754-5245 if you wish to obtain copies of any
building plans
Should you have further questions regarding the foregoing, please contact me at (714) 754-5608 or
oshua.montema or castamesaca. ov.
Sincerely,
JOSHUA MONTEMAYOR
Planning Technician
Attachment: Minor Conditional Use Permit
--7(p--
PERMIT NUMBER: BX14-00231
^ STATUS: PC
PERMIT TYPE B_-MISC DATE ISSUED'.
APN: 42421103 EQ BY'
Zoning: I Suite/Unit:
JOB ADDRESS: 657 W 19TH ST CM Primary Occ: Const Type: ??
Vicinity: STAIRS Valuation: $18,000.00
SQ. FT: 0
SCOPE OF WORK:
LEGALIZE THE REMOVAL AND REPLACEMENT OF RUSTED STAIR GUARDRAIL, SECOND STORY GUARDRAIL ASSEMBLIES.
AND
DAMAGED STEEL POSTS SUPPORTING STAIRS AND BALCONY- . SFE - TTA..CHM LIN WlRJSpECTiON CARD
. r oarn�ati nF PERMIT SHALL TAROT AND I] UNTIL ACCE55 70 DWELLING UNIT 5 I5 pROVIt]E0 FOR VERIFICATION
OWNER: COSTA MESA,OCA M AND pl Code:92627
SA
C't IState'
,y
Phone:
APPLICANT:
BARRY WALKER
11 g58Unit:
NEWPORT BEACH, CA
City/state:
Phone:
CONTRACTOR:
Address:
Unit:
Zip Code:
City/State:
Phone
ARCS 7'
Phone
ENG Imo:
phone
Zip Code:92658
Cell:
Address::
Address: P.O. BOX
Licer
License I
License I
FEE SUMMARY $190.61
Building Plan Check: $293.25
Building Permit: $0.00
Electrical Permit: $0.00
SMIP Residential $3.78
SMIP Commercial $1.00
Bldg Std Admin Fund
_
TOTALFEES $488.64
m. Prohibited all hours - Sundays and the following
HOURS FOR CONSTRUCTION ACTIVITY: EFFECTIVE 311812010
,Thanks ivin Da and Christmas Da
Monday ihru Friday - 7:00 am thru 7:00 pm. Saturdays -9:00 am ihru 6:0 p
Federal Hi�lida s: New Years Da ,Memorial Da ,Inde endence Da ,Labor Da
From: LOOMIS, RYAN
Sent: Tuesday, March 10, 2015 4:03 PM
To: LEE, MEL
Subject: Solid Landing- 657 W 19th Street Parking Survey
Hi Mel,
Please see attached parking survey photos for Solid Landings.
If you have any questions or concerns, please contact me.
Thank you,
Ryan Loomis I Associate Planner
City of Costa Mesa
--78-
GREEN, BRENDA
From: sandranian <sandranian@yahoo.com>
Sent: Tuesday, May 26, 2015 4:45 PM
To: ROSALES, MARTHA; ARMSTRONG, GARY; FLYNN, CLAIRE;
GUARRACINO, JERRY; LEE, MEL; GREEN, BRENDA
Cc: COLGAN, JULIE; rdickson.cmpc@gmail.com
Subject: ZA-15-01 (Appeal/Review For Solid Landings - 657 W. 19th St)
011
am withdrawing my appeal of the above -referenced Zoning Administrator Decision ZA-15-01.
My withdrawal is based upon the increase in staffing for code enforcement as proposed in the 2015-
2016 budget and assurances by City Staff that the conditions of approval will be enforced. I am
J concerned about the ptacedent that has already been set for commercial uses in the city, and would
L urge staff to begin development on a par in standard that may better apply to the type of use
contemplated by this applicant, instead of attempting to apply other types of uses to it.
My appeal was intended to provide me time to investigate the parking issues raised in the application
and by the decision. I found upon investigation that the applicant was, during the pendency of this
application, in violation of its stated uses and parking requirements. For example, I found that Solid
Landings' staff were indeed parking on Plumer Street, instead of in the parking lot assigned, and that
vans associated with the business were blocking traffic on Plumer Street and using the Senior Center
parking located on the street. I have been assured that once the permit is in place, these unpermitted
uses and practices will cease, or Solid Landings will be cited.
am confident that our city's staff will be able to properly enforce the conditions of approval, and feel
that this will be necessary in order to minimize the impact on the city residents on Plumer Street.
Stephan Andranian
Planning Commissioner
This E-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is
legally privileged. This information is confidential information and is intended only for the use of the
individual or entity named above. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is strictly
prohibited.
September 22, 2014
Solid Landings Behavioral Health
Michael Warden
2900 Bristol St. Suite B-300
Costa Mesa; CA 92626
RE: ZONING VERIFICATION LETTER
657 W. 19" STREET, COSTA MESA, CALIFORNIA 92627
Dear Mr Warden:
In response to your request concerning the zoning of the property, please be advised as follows:
The current zoning of the subject property is C1 (Local Business District) with a General Plan
designation of General Commercial. Group counseling uses are permitted in this zone subject to
parking per Zoning Administrator Determination 08-5.
2 The properties to the north and west are zoned C1. The properties to the east are bounded by C1 and
R2 -HD zones. The properties to the south are zoned R2 -HD.
3 The property is located in the 19 West Urban Plan, adopted April 4, 2006.
4. According to Zoning Administrator Determination 08-5, group counseling requires off-street parking at
a rate of 10 spaces per 1,000 square feet of gross floor area. The subject property is developed with a
6,792 square foot building and requires 68 parking spaces for a group counseling use. With 13 parking
spaces on site, the property has insufficient parking for this use and will require approval of a Minor
Conditional Use Permit for a deviation from parking requirements. A Minor Conditional Use Permit
, q,pptication is attached. ,
5, In the event that a„ group counseling is operating at the subject property prior to approval of a Minor
Conditional Use Permit and issuance of a business license at this address, code enforcement action
' { will be taken.
Please contact the Building and Safety Division at (714) 754-5245 if you wish to obtain copies of any
building plans.
Should you have further questions regarding the foregoing, please contact me at (714) 754-5608 cr
josh ua. mon temayor(a-)costamesaca. gov.
Sincerely,
JOSHUA MONTEMAYOR
Planning Technician
Attachment: Minor Conditional Use Permit
�-
VIOLATION NbTICiE
AP�'Rdv�� a r.
CODE ENFORCEMENT DIVISION
Costa mesa
I P.O. BOX 1200, 77 FAIR DRIVE (2ND FLOOR)y
92628-1200
0 �7�ri U f u�� r
j CALIFORNIA
Si7Gr /J /xl U
I3_v�il VroWfL 1(;114-!-6' Date:
To:
Case 4:
Location: �6 5 -7 !v.
As part of our continuing program t
preserveprove our residential and business community, I observed the
following violation(s) of the Costa Mesapal
Code
❑ Conducting business not consistent with terms of Planning approval
or C.U.P. (CMMC 20-12(ii))
Conducting business without a city license and Zoning approval
(CMMC 20-12(hh))
❑ Illegal storage in public view (CNIAAC 20-12(e))
❑ Storage of inoperative vehicle or parts thereof
(CMMC 20.8(a))
❑ Living in garages or commercial/industrial unit
(CMMC 20-12(n))
❑ outdoor work, storage or display without a permit (CMMC 13-44)
❑ outdoor work/industrial (CNIMC 13-53)
❑ violation of home occupation standards (CMMC 13-168)
❑ Use or residential yard areas for parking/storage of vehicles
(CMMC 20-8(c)(6))
❑ Portable signs on private or public property (CMMC 13-112(g))
❑ Flags, banners and pennants not in compliance with code
(CN1N1C 13-112(d))
❑ Living in trailer or RV (CMMC 20-12(m))
❑ Deteriorated or paeling paint (CM,1,10 20-6(d))
❑ Use of tarps or temporary canopies in public view
(CPr1fvIC 20-6(c))
❑ Deteriorated building exterior or roof (CMMC 20-6(5))
❑ Broken windows and glass doors (CMMC 20-6(g))
❑ Deteriorated walls, fences, trash enclosures (CMMC 20-6Q))
❑ Deteriorated parking areas and sidewalks (CMMC 20-6(k))
❑ Dead or dying landscape, weeds, overgrown vegetation In R1 zone
(CPANIC 20-6(n))
❑ Dead or dying landscape, weeds, overgrown vegetation in parkv)ay
(CPAMC 20-6(o))
❑ Dead or dying landscape, weeds, overgrown vegetation (all zones
except R1) (CMMC 13-1081a))
Street numerals displayed in prominent location
(CNIMC 20-6(t))
❑ CBG 105.1 Building permits required
Pushcart/sidewalt, vendors (CN1MC 9-191(a))
❑ Garage sale permit (CNIMC 13-30(9))
❑ Other: CMMC §
Description of vioIation (s): IPJr3
P4412�/N6
AP�'Rdv�� a r.
$�"� � �� u �r -•
Ad 4 M,9 vc= /r U � r7rJ•�1
C'& -2u 112
0 �7�ri U f u�� r
/ C&I4it C -
You are hereby requested to: AW
C
/Jir<1�/�L/O.- .zG/t1 Ay/F�rl^/C.iJ
Failure to correct the above violation(s) /q' _
be issued an Administrative Cit
y result in the next progressive step in enforcement, in whloh
any questions regarding this notice, please feel free to contact
YOU may
I COSTAMESACA.GOV. The City appreciates your cooperation
me at (714) 754-5" a or E ��
and staff looks forward to working with you to resolve this matter.
Code Enforcement Officer
I -D. M Violator's Signature
—Q v- Print First and Last Name
Building Division (714) 754-5273 . Code Enfor_yment (114) 754-5623 • Plannin, Division (714) 754-5245
FAX (714) 754-4356 - TDD (714) 751-5211 • www costamesaca.gov
ZC3
PERMIT NUMBER: BX14-00231
STATUS: PC
PERMIT TYPE B-,MISC ( DATE ISSUED:
APN: 42421103 EQBY-
Zoning:
Suite/Unit:
JOB ADDRESS: 657 W 19TH ST CM Primary Occ: Const Type: ??
Vicinity: STAIRS Valuation: $18,000,00
SQ. FT
SCOPE OF WORK:
OF RUSTED STAIR GUARDRAIL
LEGALIZE THE REMOVAL AND REPLACEMENT, SECOND STORY GUARDRAIL ASSEMBLIES,
AND SUPPORTING STAIRS AND BALCONY.
[] p ~ 1T SHAEELt t NQT eE GRANTE❑ Ut�iT1L ACCESS TO IM UNIT 5 i5 PROVIDED FOR VERIFICA - l
un7F• FINAL APPROVAL OF PERM LL N T THF CITY lN5PECTdR. SEE ATTACHMENT WttNSPECTION CARD
OWNER. MOREHART, JOHN M AND LISA
City/State: COSTA MESA, CA Zip Code:92627
Phone:
APPL� T: BARRY WALKER
1165SUnit- Zip Code:92658
city/slate- NEWPORT BEACH, CA
Phone:
CONTRACTOR:_
Address: Unit:
City/State: Zip Code: cell!
Phone
ARCS T:
'hone
ENGINEER:
Phone
Address:'
License I
License I
r
Address: P O. 9OX
FEE SUMMARY $190.61
Building Plan Check: $293.25
Building Permit: $0.00
Electrical Permit: $0.00
SMIP Residential $3.78
SMIP Commercial $1 00
Bldg Std Admin Fund
$488.64
TOTALFEES
prohiialked all hours - Sundays and the following
HOURS FOR CONSTRUCTION ACTIVITY: EFFECTIVE 3!18!2010 - rcr� �•+�� ��"• �-"
Monday thru Friday - 7:00 am thru 7:00 pm Saturdays -9'00 am thru 6:00 pmD_�-- -
j Federal Holida�v'! Years [)a�o�ial Da , In+.ie ale+�denrs= Da .Labor Da ,Thanks i�In Da and Christmas C3a�_____
2_�_
CDBG HOUSING COMPLAINT INVESTIGATION
City of Costa Mesa, Development Services Department Assigned to:
Case No.:
CD- t4-0466
COMPLAiiI r LOCATiIQN ,;
Complaint X12 R�:i:�T j iii�i►7�+iq�►73t�1�IGi'/3�►��7A
Property Owner:
Address: 126 E 16TH ST
COMPLAINANT
Name
Phone
Phone
Address:
Complaint Received By: ❑ Hotline Date: 09/19/2014 Time:
Describe Complaint:
1. Building Exterior Inspection: Violation Observed Yes ❑ No ❑ If Yes, Detail Action Below
2. Building Interior Inspection: Yes ❑ No ❑ If Yes, Detail Action Below
3. Referred to HCD: Yes ❑ No ❑ If Yes, Date:
Numbers 1 and 2 must be completed — no exceptions!
Action:
Item: 00592 CODE INVESTIGATION
09/19/2014 By RM Action CONT Comments- 0EEN
CASE PER JERRY FOR UNLICENSED SOBER LIVNG CONCELNG
P WITH KATY JONES. SHE
I
r
PLANNING DEPT.
09123/2014 By: rm. Action: CO Comments: send
u i ❑con act planning; dept.
10712014
Emailed quynh Ho from solid landings that there has
been no reply from the notice that was sent out
Recied email communiritinn lam Kri3ten Ford that
aplication was set back to Mel Lee 3 weeks ago.
1112112014 Bv: rm Action: CONT Comments:
communuca ion rmm FrisWri or
that the applciation was not complete due to the
parking variance. FOR INTERNAL USE ONLY
2g17•30ONLINEPI/23/2015 By: R:NI Action: CONT Comments: MCUP
LEE, MEL
From: Ryder, Kenneth A. <kryder@gdsrlaw.com>
Sent: Wednesday, March 04, 2015 1:50 PM
To: LEE, MEL
Subject: Application No. ZA-15-01 (657 W. 19th St.)
Dear Mr. Lee --The number of on-site parking spaces for this proposed use is greatly below the required number of
spaces for this use at this site. Can you please advise where vehicles will be parking when the on-site spaces are full? If
this overflow is to be accommodated by street parking, please advise how you will mitigate this impact (potentially
approx. 40 vehicles) on street parking use by existing residents and businesses in this area. I am available by telephone
if you would like to discuss. Thank you. Regards, Ken
Kenneth A. Ryder I Partner
Garrett DeFrenza Stiepel Ryder LLP
3200 Bristol Street, Suite 850, Costa Mesa, CA 92626-1808
Tel: 714.384.4300 1 Direct: 714.384.4311 1 Fax: 714.384.4320
Email: kryder@l;dsrlaw.com I Web: www.sdsrlaw,com
GDSR. Sophisticated. Practical. Creative. Efficient.
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ARMSTRONG,GARY
From: Gonzalez, Daniel <Daniel.Gonzalez3@firstdata.com>
Sent: Monday, June 08, 2015 4:02 PM
To: rdickson.cmpc@gmail.com; sandranian@yahoo.com; colinmccarthy@yahoo.com;
aventrue@ca.rr.com; twsesler@gmail.com; ARMSTRONG, GARY
Subject: ZA-15-01
Hello,
Objections to ZA-15-01
Regarding a request for a parking variance for Solid Landings
I am a current resident at 647 Plumer St, Costa Mesa CA 92627. My family and I have lived at this residence for the past
year and it is unfortunate that our stay here has not been which some issues.
I have noticed since Solid Landings (detox sober living business) opened up for business there has been additional traffic
in the area. The additional traffic (White Passenger Vans) that come and go throughout the day and evening to Solid
Landing has caused a none stop operation on a residential street. These passenger vans on many occasions have used
the back alley (between Center & Plumer St) to drive through (used as a short cut) and to cut across and go straight onto
the gates of Solid Landing.
Other issues that pertain to Solid Landing, are the staff members/visitors who park on Plumer Street throughout the
day/evening hours. With the addition of Solid Landing detox facility, parking has become scarce on Plumer St and quite
annoying to see faculty/visitors park their vehicles with no regards to the community.
It is important that the City of Costa Mesa recognize that we are currently dealing with rampant homelessness in our
area in particular on Plumer Street. With the Lighthouse Outreach Ministry on Plumer Street, this has cause
homelessness spilling over onto the residential area and drug use in the area is continued affair.
I believe Solid Landings is entitled to conduct business however Solid Landing has a social responsibility to be a good
neighbor and be transparent with it's business.
I recommend that the City of Costa Mesa deny the request for parking variance to Solid Landing and I recommend that
they cover up the gates so that both Solid Landing and Residents have privacy as well.
Thank you,
Daniel Gonzalez
Business Consultant
Citi Merchant Services provided by First Data
M (949) 514-1435
F (402) 916-7185
e: First Data
httr)://citi.merchantservicesbyflrstdata.com
Receive a $100 Visa® gift card when you refer a friend. Ask me for details.
The information in this message may be proprietary and/or confidential, and protected from disclosure. If the
reader of this message is not the intended recipient, or an employee or agent responsible for delivering this
message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this
Czl
ARMSTRONG, GARY I
From: Mr. Moreh <talentassociate@gmail.com>
Sent: Monday, June 08, 2015 3:41 PM
To: rdickson.cmpc@gmail.com; sand ranian@yahoo.com; colinkmccarthy@yahoo.com;
aventrue@gmail.ca.rr.com; twsesler@gmail.com; ARMSTRONG, GARY
Subject: plumer concerned about za-15-01
pis stop catering to the money. you work for US.
I AM BRYANT GILMORE
653 plumer st apt a
costa mesa 3102793593
we the residents of plumer street do not want gentrification.we dont want commercialization of plumer. 20 years ago
we did not even have sweeper signs, no tickets.
we actually need speed bumps on this street to SLOW DOWN cars that are avoiding 19th steet.
WE DO NOT WANT sober living homes at all.. and especially no treatment centers with many white vans or cars.
you work for US. not for the money.
do not give parking variance to ANY SOBER LIVING busines , on plumer or ANY STREET.. that way the sober living will go
to different city.
solid landing does NOT HAVE operating permit-- is nt that ILLEGAL??
pis enforce the law and evict this company solid landings.
there is not enough parking but more serious is... the crime is increasing
police are too busy to come more often.. but this area still gets more calls than most in CM,
the light house church and soup kitchen and SOS and lion's park already provide enough homeless drugged out people
in the area... i support their ministry actually... but i live on the homeless highway trifecta quadfecta... WE DONT NEED
MORE PEOPLE WALKING TO SOBER LIVING AND OR BEING DRIVEN IN WHITE VANS.. the white vans alone cause too
much traffic.
we need speed bumps on this street.. we do not want sober treatment center or even the sober living houses.
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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. 19TH STREET
III Kai C:. 1, 1 ! L
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 #16 —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 OFYESENIA UMANA
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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. I 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.
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 191' Street.
10. I have obtained the Authorization from the Costa Mesa Fire Department for the
purchasing and installation of the required Knox systems.
11. Conditions #14 and #15 require Solid Landings to obtain Planning approval for
the construction of a commercial driveway on West 19th Street and to revise the parking
DECLARATION OF YESENIA UMANA
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area and access gates pursuant to certain conditions, including the elimination of parking
spaces that interfere with the West 19th Street driveway access to the parking area.
12. To date, the five parking spaces along the West 19th 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.
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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 Commission
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 �— day of June, 2015 at Costa Mesa,
California.
By:
YESENIA OMA A
DECLARATION OF YESENIA UMANA
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Received
City of Costa Mesa
Development Services Department
JUN 02 2015
�_qQ-
KATHLEEN A. DONAHUE
DEAN DUNN-RANKrN
SANDRA A. GALLE
WILLIAM E. HALLE
ANDREW K. HARTZELL
LAWRENCE J. HILTON
O'NEIL LLP
ATTORNEYS AT LAW
19900 MACARTHUR BOULEVARD, SUITE 1050
IRVINE, CALIFORNIA 92612
(949) 798-0500 • (949) 798-0511 (FAX)
WEBSITE: www.oned-Ilp.com
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
TH
Jo HN D. HUDSON
DENNIS D. O'NEIL
JAY F. PALCHIKOFF
PAUL A. ROWE
WILLIAM L. TWOMEY
JOHN P. YEAGER
Received
City of Costa Mesa
Development Services Department
MAY 2 9 203
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 Group
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 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 under TAB A.
Application for Appeal or Review
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.
do—
#153395 v 10217.2
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 know 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 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 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 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
# 153395 v I 10217.2 O !
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 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
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 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. 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`h 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
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# 153395 v 1 10217.2
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 19`h 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,
Dennis D. O'Neil
DDO/clt
copy: Colin McCarthy (colinkmccarthy a yahoo.com)
Tim Sesler (twseslerggmail.com)
Jeff Mathews (aventrue ,ca.rr.com)
Stephan Andranian (sandraniannyahoo.com)
Claire L. Flynn (claire.flynn a,costamesaca.gov)
Mel Lee (mel.leeCivcostamesa.gov)
Yolanda M. Summerhill (�(ctiones -mayer.com)
Kristen Ford (kristen.ford a,solidlandin sg com)
9 153395 v 1 10217.2
A
CITY OF COSTA MESA
P.O. BOX 1200 - T7 FAIR DRIVE - CAUFDRNIA, 62629-1200
DEVELOPMENT 9aSR+nC58DEPAmENr
April 23, 2015
Solid Landings Behavioral Health
Attn: Kristen B. Farts, Esq.
2900 Bristol Street. Suite 8.3o0
Costa Mesa, CA 92626
RE: ZONING APPLICATION ZA-15-01 MINOR CONDITIONAL USE PERMIT FOR
PARKING REDUCTION FOR GROUP COUNSEUNP USE (SQUD
LANDINGS BEHAVIORAL HEALTH, DBA ROCK SOLID RECOVERY)
YL7 WEST 1&rr1„$TREE;[,COSTA MESA
Dear Ms. Ford:
city stairs review of your zoning application for the above -referenced project has been
ccmpWed. The application, as described in the attached project description, has been
a rave ., based on the findings attachod and subject to the conditions listed. The
decision win become final at 5:00 p.m. on April _aQ, 2015, unless appealed by an
affected party, including filing of the necessary application and payment of the
appropriate fee, or called up for review by a member of the Planning Commission or
City Council.
If you have any questions regarding this letter, pl®ase feel free to contact the project
planner, Mel Lee, at (714) 754-5611, or at Mel.leepcostam� sacs. v.
Sincerely,
'}�C
WILLA BOUWENS-KILLEEN, AICP
Zoning Administrator
Attachments: Project Description
Findings
Applicant's Project Description and Plans
0c: Engineering
Fire Protection Analyst
Building Safety Division
Transportation Services Division
Blimp D"alon (7141754.527] - Code E w�artnr4 (7141754.6W - PlennbV DF.11:on (7t4) ?U.5245
FAX(114)754-4&M . TOD (71,1754-6244 - wxw.wMw wwg puv
_h Jos-
ZA 16-01
Apra! 23, 2015
Page 2 of 13
Rack Solid Recovery
657 West 19th Street
Casts Mese, CA 82627
Jahn Morehsrt
126 East IV Street
Caste Mesa, CA 62627
ZA-15-01
April 23, 2015
Page 3 of 13
RAC( BOUND
Project SitexhVi'rons
The project site Is located on the south side of West 191' Street, mid -block between
Pomona Avenue and Anaheim Avenue. The site is .36 acres (15,681 square feet) in size.
Tho property is zoned 01 (Local Business District) and has a General Plan Land Use
Designation of General Oammercial. The site contains a two-story, 6,710 square foot
commercial building originally constructed in 1961, a surface parking lot, and site fencing.
The slta is bounded by commercial uses to the West and north (across West 191' Street),
a commercial use (restaurant) and a residential use to the east, and resiidential uses
(across Plumer Street) to the south. Tho site currently provides 29 on-site parking
spaces, which are accessed via a gated driveway on Piumer Street, There Is also an
existing driveway approach on the Wast 190 Street frontage of the property, but it 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 land use actions on the property Include a conditional use permit for a fraternal
lodge on the second floor, approved in 1965 approved under Conditional Use Permit C-
49-85, and a proposed conditional use permit for a manufacturing use under PA -87.07,
which was denied by the Planning Commisslon on January 20, 1987,
The building is currently occupied by Solid Landings, DBA 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.
PROJECT DESCRIPTION
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.
Individual and group counseling sessions, as well as educatlonal sessions.
Administrative offices,
According to the applicant's description of the use, a copy of which is attached to this
fetter, the various programs and services offered at the site run from 6:00 am to 9:40
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 on site at any one time during the weekday is 17 and the maximum
14rl
ZA-15-01
April 23.2016
Page 4 of 13
number of clients on the site at any one time during the weekday is 30. The clients
come to the site by vans at various times of the day. The applicant claims that at no
time will the required on-site parking for the use exceed 20 spaces; 3 spares for the
vans and 17 spaces for the staff that drive their cars to the site.
Minor Conditional Use Permit for Reduction In 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 (Parking 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 uses.
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 vocational schools, which is 10 parking spaces per 1,000 square feet of gross
floor area. In the case 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.
Because the subject property currently provides 29 on-site parking spaces, a shortfall of
38 spaces required for the use, the applicant is requesting approval of a minor
conditional use permit to allow for the reduction in the required parking amount based
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).
ANALYSIS
Justltleations lbrApproval
Staff has reviewed the applicant's request and supports the request based on the
following:
Based on LhQ ajooficant's description of the use ars ade unto n miner f on-site
narking spaces is provided 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-site parking spaces can be provided for the use. The
building square footages and summary of on-site activities are provided in the
tables below.
ZA-15-01
April 23, 2015
Page 5 of 13
PROPOSED USE OF ROOMS AND SQUARE FEET (SF)
SUMMARYOF • a
6:00 AM first Rode Solid employee arrives In s company vehicle and parka
Therapy_Ofhn6s 8
1,4348F
Meeting_Rooms 4 _
1 218 SF
Client Lounge/Dining Area
624 SF -- ---__-
v
Reception/Sinn In
99 SF
SUMMARYOF • a
6:00 AM first Rode Solid employee arrives In s company vehicle and parka
0ces F4)—
SECONDFLOOR
Conference
Conference Room/Kitdan/Stora
Room 682 $F
Meeting Roomy 1
1,218 SF
Computer LablLibre 1)
682 SF
SUMMARYOF • a
6:00 AM first Rode Solid employee arrives In s company vehicle and parka
ated lot.
7:30-9:30 AM
Flnft
dditional Flock Solid employees andfor therapists arrive in personal
om n vehicles.
8:45.9:15 AM
nts from 4 different sober living Thames arrive via 3 12 -seat
passenger vane, The vans drop clients off within the gated parking lot
and do not remain onsite. The total number of clients that arrive vie the
3 passenger vans range from 21-30, The vans arrive at 15 minute
_
intervals so as not to overlap.
8:15 AM -3:00 PM
Clients rotate through one-on-one therapy, group counseling, computer
_
IabAibra time lunch and free time.
3_-06_4_9
:00-3:30 PM
Three passenger vans arrive to transport clients to the gym. Clients nal
wishing to go to the gym are transported home. Clients do not return
until the following day. The vans arrive at 15 minute intervals so as not
to overlap.
3:00.5:00 PM
Staff remains unfit 5:00 PM
5:00.8:00 PM
A cleaning crew of 3.6 peopfe arrive in 1 or 2 cars and sty for 1 hour.
6:00 PM -6:30 PM
Evening staff arrives to nun group sessions attended by Rock Solid
Clients. 10 employees are present representing 10 vehicles. Clients
arrive via 3 vans at 15 -minute Intervals, The approximate number of
talents is 30. The total vehicles on site is 13.
6:30-6:30 PM
Grow sessW6 held during this time period.
8:30-9:00 PM
Passenger vans arrive to transport clients to their homes at 15 -minute
intervals. The employees leave at 9:00 PM once the last passenger
van leaves the site.
6:00 AM -5:00 PM Therapist may schedule an appointment with a client on an 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 a Rock Solid vehicle.
Source Applicant Letter Oalad aecamber 11, 2014
ZA 15-01
April 23, 2015
Page g of 13
Tho oporolionat measures proposed by the applicant to mitigatQ the narking
Cclilpfiara !ssu{orerTt rrrifi �lnr�r - is arkirra irntct� SEaff
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 perking 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
as a result of the applicant's use.
• The cuEront coafiquratlon of the parking area limits vohiclo ingress and egross to
210 site_Lr'om -Plumor-S(Not, creatingadOignal �ommercial_traffic on a local sfroet
adjacent is p residentfai nelgh6orhaod; therafcrro. vehi 11 r a as. 6MM W9901
Street wFll be Muired IQ be ri 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 sole vehicular Ingress and egress is
from Plumer Street. The current gate design lacks an adequate throat for vehicles
accusing the parking lot, no kiosk for drivers to access the key pad, and no
turnaround area for vehicles that do not gam 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 access the site, the driveway on West
190 Street should be restored, the gate and van parking spaces blocking the
access from West 191" Street should be removed, and West 19'" 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 19th 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.
M =1, IM -1.4 9PIRDNZI
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 new development and uses.
Based on the issues discussed in the previous sections, the request, as conditioned, is
consistent with the following goals and objectives of the General Plan.
ZA-15-01
April 23, 2015
Page 7 of 13
• Objective LU -IFA: Protect existing stabilized residential neighborhoods from the
encroachment of incompatible or potentially disruptive land uses andlor activities.
O bjectivo CIR-9 1.'14: Reduce or eliminate intrusion of commuter through traffic
on local streets In residential nelghborhaods.
" • Y _ 1fA ! 4t_ -_, In
The 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
Guidelines.
NSI, DINGS
A. The Information presented complies with Costa Mesa Municipal Code Section 13-
29(g)(2) in that:
Finding: The proposed use is compatible with developments in the same general
area end would not be materially detrimental to other properties within the area.
Facts in Support of Findings:
Eased Qn the Wp[l=(
'$ disat0go of ftq arse, an attecruary number of an -sire
agddng MON Is Qrovided As noted earlier, 67 parking spaces is required for
the use, 24 on-site parking spaces, is provided, a shortfall of 43 spaces required
for the use. However, based 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:
The currenL_CQn irluration of the parking area limits vehicle ingress_ and
eg—reas to MQ _, fig from PJ�mer Street, cmahnn additional commercial traffic
on a local street adlacont to e residential neighborhood: therefore vehk_ular
gom from tN 99m Street w
R1 be required to be provided. Unlike the other
commercially -zoned properties on this block, which provides vehicular
access from West 1V" Street as well as Plumer Street, the subject
property's 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 19t' Street should be restored, the
ZA-15-01
April 23, 2415
Page 8 of 13
gate and five van parking spaces blocking the access from West 191h 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.
Finding: Granting the minor conditional use permit will 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 following goals and objectives of the
General Plan:
• Objective LU -11=.1: Protect existing stabilized residential neighborhoods
from the encroachment of incompatible or potentially disruptive land uses
and/or activities.
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 arise, the business operator shall instliute appropriate
operational measures necessary to minimize or eliminate the problem.
Therefore, the request is consistent with this General Plan goal,
Objective CIR-1A.14: Reduce or eliminate intrusion of commuter
through traffic on local streets in residential neighborhoods.
Consistency. Unlike the other commercially -zoned properties on this
block, which provides vehicular access from West 19th Street as well
as Plumer Street, the subject property's sole 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 spares blocking the access from West 19th Street should be
removed, and West 19th 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. 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 CEQA Guidelines, and the City environmental procedures,
and has been found to be exempt under Section 15301, Existing Facilities, of the
CEQA Guidelines
-112-
ZA-15-41
April 23, 2015
Page 9of13
G. The project is exempt from Chapter 711, Article 3, Transportation System
Management, of Title 13 of tho Costa Mesa Municipal Cade.
Ping. 1. The conditions of approval, code requirements, and special district requirements
of ZA-15-01 .shag be blueprinted on the face of the site plan as part of the plan
check submittal package (if plan check is required).
2. The onsite activities shall be as follows:
SUMMARYOF • e •
6:00 AM The first Rock Solid employee arrives In a company vehicle and parks
In the gated lot.
7:30.9:30 AM
16 additional Rock Solid employees and/or therapists amve in personal
or company vehicles.
Clients from 4 different sober living homes arrive via 3 12 -seat
8:45-9:15 AM
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 15 minute
Intervals so as not to overlap.
Clients rotate through on"n-one therapy, gawp counseling, computer
9:15 AM -3:00 PM
lab/library time, lunch, and free time.
3:003:30 PM
Three passenger vans arrive to trarmport clients to the g'fm. Clients not
wishing to go to the gym are transported home. Clients do not return
until the following day. The vans arrive at 15 minute Intervals so as not
to overlap.
3.00.5:00 PM
Staff remains until 5:00 ISA
5:00-8:00 PM
A cleaning crew of 3.6 people arrive in i or 2 cars and stays for 1 hour.
6:00 PM -6:30 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 approArnate number of
clients Is 30, The total vehicles on site is 13.
6:30-8:30 PM
Group sessions held during this time period.
8:30-9:00 PM Passenger vans arrive to transport clients to Uvir homes at 15 -minute
intervals. The employees leave at 9:00 PM once the last passenger
van leaves the site.
SUMMARY
--113-
ZA-15-01
April 23, 2015
Page 10 of 13
8.00 AM -5:40 PM Therapist may schedule an appointment with a client on an 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 a Rock Solid vehicle.
3. No employees, clients or visitors to the property shall park on City streets. All
parking for the use shall takes place on the property in designated parking spaces.
4. Atl 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 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 exit 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.
7. If any section, division, 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
ZA-16-01
April 23, 2015
Page 11 of 13
business/property owners shall 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 code requirements have been satisfied.
12. No 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 244nch box trees to the satisfaction of the
Development Services Director.
13. Applicant shall defend, indemnify, and hold harmless the City, Its elected and
appointed officials, agents. officers: and employees from any claim, action, or
proceeding (collectively referred to as "proceeding") brought against the City, its
elected and appointed officials, agents. officers or employees arising out 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 costs awarded against the City, if any,
and cost of suit, attorney's fees, and other coats, liabiliities 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 applicants obligation to Indemnify the City for all the
City's casts, 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, 9 it elects to do so.
14. Applicant shall obtain Planning approval for the construction of the commercial
driveway on W. Rh Street, pursuant to condition 15, 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 existing approach on W. 19th
Street leading to the parking area at the rear of the site, which shall be
used 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 City's Parking Design Standards.
c) Onsite vehicular circulation shall comply with the City's Parking Design
Standards.
d) Existing Plumer Street access shall only be used as vehlcJe egress,
ZA-15-01
April 23, 2015
Page 12 of 13
unless otherwise directed by the Transportation Services Division.
1B. 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.
Fire 17. All vehicular access gates shall comply with the requirements of Sections 506.1
and 508.2 of the 2013 Califomia 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.
COME REQUI,RgMEM
The following list of federal, state and local laws applicable to the project has been
compiled by staff for the applicants reference. Any reference to `City° pertains to the
City of Costa Mesa.
Ping, 1. This use, as well as all contractors and subcontractors doing
construction -related activity on the site, shall have valid 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 and of that period
unless applicant establishes the use by one of the following actions: 1)
obtains building permit(s) for the authorized construction and initiates
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 appBcant
may request an extension of time. The Planning Division must receive a
written request for the time extenslon 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
H'6_
2A -15-C1
April 23, 2015
Page 13 of 13
of individual units shall be provided adjacent to the unit entrances.
Letters or numerals shall be four (4) Inches in height with not leas than
one -fourth -inch stroke and shall contrast sharply with the background.
5. Any mechanical equipment such as air-conditioning equipment and duct
work shall be screened from view in a manner approved by the Planning
Division.
6.
Two (2) sets of detailed landscape and irrigation plans, which meet the
requirements set forth in Costa Mesa. MunWpal Code Sections 13-101
through 13-108, shall be required as part of the project plan check review
and approval process. Plans shall be forwarded to the Planning Division
for 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.
8.
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. 9.
Comply with the requirements of the following adopted codes: 2013
California Building Code, 2013 California Electrical Code, 2013 California
Mechanical Code, 2013 California Plumbing Code, 2013 California
Green Building Standards Code, and 2013 California Energy Code (or
the applicable adopted California Building Code, 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 Code of
Regulations, also known as the California Building Standards Code, 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 11 B of the 2013
California Building Code.
119--
SoltdLand�ngs Page I of
Behavioral Health
Recovery... IndiAdualized.
December 11, 2014
VIA HAND DELIVERY TO: CITY 4P 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 Haven, 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+" Street property as a location for a state certified outpatient treatment program
attended by Rack 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 19th Street Is located In a C1 local business district. A
C1 business district includes, but is not limited to, facilitles such as city halls, courthouses,
police/fire stations, schools, art studios, antique malls, banks, beauty shops, hardware
stores, department stores, grocery 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 City's Code. No use authorization for the use is required.
Parking deviation: The I" street property is 6710 square feet. The entrance Is on
Plumer Street and Includes 29 on 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 parlc. Rock Solid seeks a parking deviation that permits this facility to function
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.
Solid Landings Schavioral Health
Rock Solid 1'XX) Ikistnl St. Suite R -3c0 • Costa RiM CA 91676 sure
Recovery 9.9-467-9213 AAA -SAS -47911 F1. haven
1
Sol IdLan d s -n gs Page of7
Behavioral Health
Rrco1 ery.. , lndividttalized.
B. Retailed Project Description
Solld 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. Rock 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
Department 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., In
order to obtain this certification, Rock Solid provided the State with a plan of operations
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 for continuing regulatory compliance.
C. 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.
Ctllfornla Realth & Safety Code 4411830, rl" ; California Code of Reguiatious, roic 9. sceiim loiot, y srq.
Solid Undings Behavioral Hralth I.
Rock Solid 2900 Otistol St. Suite B-300 � Voila %im. CA 92626 Sure
Recovery 949.467.9212 �.rr,t • 8513-588.49'38 F,u haven
w..r.....�.w O'V... 'Aiilltr t rw .ori _ ........�._.....
SoltdLand�ings Page 3of7
Behavioral Health
Recolverv� ..lndividuulitcd.
The following Is a detailed outline of the activities related to 65719a, Street (hereinafter
"191h Street'), This program runs Monday through Friday followed by limited weekend
use. The weekday schedule Is as follows:
• 6:00 a.m.
The first Rock Solid employee arrives at 190, Street in a
company vehicle and parks 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 staff members
include 0 therapists to hold 1:1 counseling sessions, 4
therapists who run group sessions; S additional staff members
who perform administrative tasks and manage the computer
lab/library. The maximum number of vehicles on-site
throughout the remainder of the day, not including
transportation vans (discussed ante), is 17 - one for each
employee.
• 0:45 - 9:15 a.m.
Clients from four different sober living homes arrive at
19�b 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
reflection/liomework, and free time,
• 3:00 - 3:30 p.m.
Three passenger vans arrive in the gated 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 6-00,6:15 and 6:30 p.m. The approximate
number of clients onsite will be 30. The total vehicles,
including vans, is 13.
Sinlid Landings Behavioral Health
Rock Sold 2WO Mial 51. Suite 8-3W • Costa Alesa, CA 91616 sure
Recovery 449.467-a21ihaven
—1201-
SoRdLandings Page 4of7
Behavioral Health
Rfrovery— /n. vVuahzcd-
6:30 - 8:30 p.m. Group sessions are held during this time period.
8:30 -- 9:00 p.m. Passenger vans arrive to transport clients to their
respective homes at 8:30, 8:45 and 9:00 p.m. The employees
leave at 9:00 p.m. once the final client departs via passenger
van.
During the weekend, a therapist may schedule an appointment with a client at 191,
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. Parking Justification
Rock Solid Intends to use the 191h street building as part of its outpatient treatment
program. 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 suf>'icient parking. Rock Solid requests a parking
variance from 48 to 29 parking spaces. This request is nearly identical to the variance
requested and granted for the Group Counseling Center at 1901 Newport Boulevard, Suite
149, Costa Mesa (ZA-09.34). (This document is attached hereto as Exhibit 'A.')
The parking lot attached to 1911, Street contains 29 gated parking spaces. The maximum
number of vehicles 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 Code § 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. (Costa Mesa Zoning Code, Chapter IV Off Street narking.) These are
extremely different from Rock Solid's use, which is private In nature and both 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.
Rock 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 tieallh 11
Rock Solid 2900 Bristol St. Suite B -loo • Cosh bless. CA 9262G Sure
Recovery 9d9-447-9211 n�svi • ASR -W-49%11 rtx haven
121
SolodLandiIngs
Behavioral Health
Rrra vry...Indi ,Nu4hzrd.
Page s of 7
of employees present at 191h Street at any given moments Further, only part of the first
floor 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
our uses;
Use
Squarc
Feet
Parking Required
Group Counseling
3840
39
Medical Office
141,1,
9
Administrative
1435
16
TOTAL
16710
154
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 MCUP is respectfully
requested.
E American's with Disabilities Act
The American's with Disabilities Act (ADA), Title 11, prohibits state and local
governments from discriminating against Individuals with disabilities In virtually all
governance activities and decision-making, including planning and land use. (ADA Title Il:
State and Local Government Activities; 28 C.F.I. §§35.130, et 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.' (28 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 Mesa Municipal Code §13.200.60, erseq,, reasonable accommodations.)
The ADA's reasonable modification mandate provides an additional basis for Rock
Solid's request for a parking deviation. The City of Costa Mesa's classification of Group
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.
Rock Solid
Recovery
Solid Landings 9chaviml Health
2900 Bristol St. Suite B-300 • Coita Mesa, CA 92626
949-467-M l 883-588-4998 iAx
sure
haven
Sol tdLan d iiin gs Page 6of7
Behavioral flealth
Reeoven-.. , IrWiNduaiized.
1<. 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 (1973)
366 F. Supp 686,) These decisions are reviewable, not only for the purpose of determining
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. (Ruppert v. Washington (1973) 366 F. Supp 6136.)
Sober Living By the Sea previously requested a similar parking variance for 1901
Newport Boulevard In Costa Mesa, CA wherein the City agreed that a total 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 some, 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,
Conditions of Approzal
1. Operation of the business shall be limited as described in the project description and
the applicant's December 8, 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 a 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-one therapy appointments that, if necessary,
would occur between 8:00 a.m. and 5:00 p.m.
Rock Solid
Recovery
Solid Landings Behavioral Hralth
2900 BrisifA 51. Suite B -loo Costa Mcsi, CA 92626
9-19.467.9113 Now 0 888-568-4948 rex
--123--
1�
sure
haven
Soltdt,aind�ngs Page7of7
BchavIora I health
Recor cry... l►Idividttal iecd.
4. A copy of the conditions of approval for the minor conditional use permit shall be
kept on the 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 ownership of land,
H. Conclusion
Rock Solid respectfully requests the City grant its request for a minor conditional use
permit to allow a reduction In the parking requirement for the outpatient treatment center,
therapy offices and administrative offices located at 19th 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
the site via passenger vans. Granting the minor conditional use permit will not allow a use,
density or intensity, which is not In accordance with the general pian. Therefore, the
parking deviation should be granted as requested.
Sincerely,
Kristen B. Ford
Vice President and Corporate Counsel
Rock Solid Recovery, Inc
Rock Solid
Recovery
Solid Landings Behavioral Health
2'M Bristol 56 Suite B-100 1, Cusla 61esa, CA 92616
9.19-467-911 1 HrtltiE • 888-5811-4996 FA%
Y. n , W.F'1 ; .':n•
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Exhibit A
� I25-
t CITY OF COSTA MESA
P.A. BOX 1896 - 77 PAIR DAWK • CALIFORNIA 020204200
0E�1ELCAF�kYtV1
7 B CE50�'AFi7k1ENT
November 5, 2009
Brian Burke
2611 Villa Way
Newport Beach, CA 92663
RE: ZONING APPLICATION ZA-08.34
REDUCED PARKING REQUIREMENT FOR GROUP COUNSELING CENTER
1901 NEWAORT BOULEyARDX fit[" 149,,C4STA MESA
Dear Mr. Burke:
Review of the minor conditional use permit for the above -referenced project has been
completed. The applicat€on, as described In the attached project description, has been
approved, based on the findings and subject to the conditions of approval (attached).
The decision will become final 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, please feel free to contact the project
planner, Wendy Shlh, at 714-754-5136 between 1 p.m. and 5 p.m. or via email at
nhitAcf.costa -mesa.ca js
Sincerely, T
WILLA BOUWENS-KILLEEN, AICP
Zoning Administrator
Attachments: Project description
Findings
Conditions of approval
Approved conceptual plans
cc: Engineering 1901 Newport LLC
Fina Protection Analyst 3424 Wilshire Blvd., Ste. 1200
Building Division Los Angeles, CA 90010
17111A4p 0h4W (714) M4-5477 - Coes En1010 1WA (714) 754-4'827 • Planwv) DWxkM (714y 754-624.5
FAX (7141 75 -4058 - 11k(r14; 151.924.1 uww v.aale mmn.ca of
A-09-34
PROJECT VESCRIPTION
Background. , � � .
• Sober Living by the Sea provides group counseling and education for drug and
alcohol abuse at 1040 West 17" Street, In an approximately 9,273 squarefont,
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 a three•
story commercial building and a single -story office building, totaling 127,812
square feet.
• According to the City's Land Use Matrix, group -counseling and education center
(categorized under trade and vocational schools) Is a use permMed within the
PDC zone. However, a minor conditional use permit is required to allow a
reduction In shared parking requirements due to unique operating
characteristics.
Analysis:
• The applicant states that the hours of operation will be from 8 a.m, to 9 p.m.,
Monday through Friday, with a maximum of four employees/administrabon staff
on-site during those hours. Lectures and educational groups will occur between
9 a.m. and 4:34 p.m. and between 6:30 p.m. and 8:30 p.m.
The facility will provide individual and group counseling for up to 12 people. All
attendees will be transported to and from the facility by tura passenger vans.
• The Code requires 10 spaces per 1,000 square feet of gross floor area or 38
parking spaces for the counselingleducation center, 11 parking spaces are
allocated to this suite based on general office parking requirement (3 spaces per
1,000 square feet for office buildings exceeding two stories in height and
100,000 square feet in area).
r Based on the applicants description of the proposed use, the actual panting
demand is six spaces (four spaces for the employees plus two passenger vans).
• Since all counseling attendees will arrive and leave by passenger vans only and
the total actual parking demand is comparable to a general office use, parking
Impacts are 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.
_.I29-
b. Safety and compatibility of the design of
landscaping, luminaries, and other site
aspects of the- site development such as
circulation have been considered.
the buildings, parking areas,
features includln� functional
automobile and - pedestrian
C. Ttra proposed use is conslatent with the General Plan because it Is" a
pen-nittvcl use In the PDC zone and. rio parking Impacts are anticipated due
to the unique oporaling characteristics.
d. The planning application Is for a project-speclflc case and does not
establish a precedent for future development.
2. The minor conditional use permit to allow a reduction In shared parking
requirements for a counseling/aducation center substantially complies with C<*ta
Mesa, Municipal Code Sec;tlon 13.29(gX2) In that the proposed use is substantially
compatible with develcpmonts in the same general area. Granting tho minor
conditional use permit will not be detrirnontal to the health, safety and genera[
welfare of the public or other properties or improvements within the Immediate
vicinity. Specifically, the required parking exceeds the actual anticipated demand
for the use since the attendees are transpoded to and fror-n the site via passenger
vans. Granting the minor conditional use permits will not allow a use, density or
intensity, which Is not in accordance with the general pian designatlon for the
property.
3. The project has been reviewed for compliance with the California Environmental
Quality Act (CEQA), the CEQA Guldelines, 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 x11, Article 3 Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.
CO DRIONS 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, 2009. 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 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 servicer inside the building
only.
5. A copy of the conditions of approval for the minor conditional use permits
must be kept on promises and presented to any authorized City official
upon request. New businesslproperty owners shall be notified of
conditions of approval upon transfer of business or ownership of land.
CODE REQUIREMENTS
The following list of federal, state and 'local laws applicable to .the ,project has been
compiled by staff for the applic:aht's reference. .any refererrQ6 to "City"•pertalns to the
"City of Costa Masa.
4 4
Ping. 1. 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 porlod
unless applicant establishes the use by one of the following actions: 1)
obtains building permits for the aulhortzed construction and initiates
construction; and/or 2) obtains a business license and/or legally
establishes the buslness. - if the applicant is unable to establish the
ussfobtain building permits or business license within the one-year time
period, the applicant may request an extension of time. The Planning
Division must receive a written request for the time extension prior to the
expiration of the zoning application.
2. Once the use Is legally established, the zoning application herein
approved shall be valid until revoked. The Development Services
Director 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 rased are no longer applicable.
Bus. 2. A business license shall be obtained prior to the initiation of the
Lic. business approved under this application.
Bldg. 3. Comply with the requirements or the Celifomia Code of Regulations,
Title 24, also known as the 2007 Califomia Building Standards Code, as
amended by the Cib/ of Costa Mesa.
_120_
Exhibit B
-130-
I TWO STORY COMMERCIAL BVILOINO ]7K SOLID RECOVERY, INC.
C
_ OR w, car" sr MW OPIUM3t Nun B -m
I V� ano�mk C"TAYE81lGsa V COSTA WSA, CA WN
p1�WA7-0=13
—131—
09— TWO STORY COMMERCIAL BUILDING am,: ROCK &OLID RECOVERY, INC.
fast W. fm+1TT p/tu flfUMLST W91i 5.3W
PRO= 00MMA CAIM7 COSTAYESA CAl20vsb
ISR (940)AR7-0213
-1B2-
I
S
s
? F d� 01AQ1�T TWO STORY COMMERCIAL BUILDING aur. ROCK SOLID RECOVERY, INC.
N M0.itt ONTAYe3MA81W C MWIIACAO ial
WOrLlk
WCN01-1417
-133 ,
13A-
Applicant Name"
Address
Phone( L7)4.1
REQUEST FOR:
Costa Mesa
City of Costa Mesa
15 APR 30 PH 1: 12
❑ Appeal of Planning Commission Decision - $1,220,00
Appeal of Zoning Admini. r t rls o f De 1 1 n- .690.0
❑ g� �� MESA
FOR APPEAL OR REVIEW
BY��-
RE CEIV E I'
CITY CL RK
APPLICATION
presenting
❑ APPEAL Q REVIEW*"
Decision of which appeal or review Is requested: (give application number, if applicable, and the date of the decision, If
known,)
De Ln by:(�
Reasons for requests g appeal or review: JJ
2-0
lot
[f ) f
92
x
Date:
2-
Sigriature:
`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, City Council, or City Council Member
For office use only — do not write below this line a"
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 appA2®r
review:r G
Gtl "
),:3s --
10
I3�)-
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 RELATING 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. 2-300. 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.
-13q-
Ordinance No. 13-08 Page 1 of 7
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, by a 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 order to consider the 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 stating 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 hearthe 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
(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 maybe extended if necessaryto 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 for a waiver of 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. 2-305. Time limitations 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,
�7
Ordinance No. 13-08 Page 3 of 7
(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 by the city, its employees, committees, or commissions;
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)
ollowing:
(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; — I,/ja,
Ordinance No. 13-08 Page 4 of 7
(2) From a decision of the department head to the city manager; except that (a)
an appeal from a decision 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 decision 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 by which 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 fora 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. 2-313. 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 by reference, and/or as 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
—141—
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 necessary to
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.
PASSED AND
JW'ES'M_/,RIGHEIMER
ayor
ATTEST:
BRENDA GREE
City Clerk
s 3`d day of December, 2013.
APPROVED AS TO FORM.-
THOMAS
ORM:THO AS DU.ARTE
City Attorney
._ 1,12_
Ordinance No. 13-08 Page 6 of 7
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk and ex -officio clerk of the City Council of the City of Costa
Mesa, hereby certify that the above and foregoing Ordinance No. 13-08 was introduced at
a regular meeting of said City Council held on the 5th day of November, 2013, and
thereafter passed and adopted as a whole at a regular meeting of said City Council held on
the 3'd 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 Cityof
Costa Mesa this 4th day of December, 2013,
'bro& JgLvu --- - --
BRENDA GR EN
City Clerk
-1-43-
Ordinance
q3 -
Ordinance No. 13-08 Page 7 of 7