HomeMy WebLinkAbout39 - PH-2 - Attachment 3 - 11/3/2015ATTACHMENT 3
UNOFFICIAL UNTIL APPROVED
MINUTE EXCERPTS FROM THE
OCTOBER 12, 2015 PLANNING COMMISSION MEETING
REGARDING THE GROUP HOME ORDINANCE
(Public Hearing No. 2 — CO -15-04)
2. Application No.: CO -15-04
Applicant: City of Costa Mesa
Site Address: Citywide
Project Planner: Mel Lee
Environmental Determination:
This project is categorically exempt under Section 15061(b)(3), General Rule, of
the California Environmental Quality Act (CEQA) Guidelines.
Description: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA TO AMEND TITLE 13 OF THE COSTA MESA MUNICIPAL CODE
BY ADDING CHAPTER XVI (GROUP HOMES, SOBER LIVING HOMES, AND
RESIDENTIAL CARE FACILITIES) IN THE R2 -MD, R2 -HD AND R3
RESIDENTIAL ZONES AND THE PDR -LD, PDR -MD, PDR -HD, PDR -NCM, PDC,
AND PDI (PLANNED DEVELOPMENT ZONES) OF TITLE 13 AND AMENDING
SECTION 13-6 (DEFINITIONS) OF ARTICLE 2 (DEFINITIONS) OF CHAPTER 1
(GENERAL) AND SECTION 13-30 TABLE 13-30 (LAND USE MATRIX) OF
CHAPTER IV AND REPEALING SECTION 13-32.2 (REFERRAL FACILITIES)
OF ARTICLE 1 OF CHAPTER V OF TITLE 13.
Tarquin Preziosi, Planning Commission Counsel, presented the staff report.
Commissioner Andranian, thanked staff for the detailed analysis on the effect of
the character of the neighborhood the group homes have. He also asked for
clarification with who would decide which group home would operate if two or more
apply within 650 of each other. Mr. Preziosi responded the Planning Commission
would. Mr. Andranian also asked where the information came from for the map of
the group homes, attachment 5 of the staff report. Mr. Lee responded that it came
from a list known to City staff and complaints from the residents.
Commissioners and staff discussed the proposed Ordinance and the R1
Ordinance.
PUBLIC COMMENTS
Barrie Fisher, Costa Mesa resident, stated concerns with having state licensing
group homes versus City regulated ones.
.--5y-
Jay Humphrey, Costa Mesa resident, stated concerns with the sober living homes
that should not still be in operation and what goals the City should have with them.
Dan Huber, Costa Mesa resident, stated concerns with having sober living homes
as businesses in our City.
A Costa Mesa resident stated the need for state regulation on group homes not
city by city.
Commissioner Andranian asked for clarification how the Ordinance will work with
abutting R1 and R2 zone area. Mr. Preziosi responded that the homes with have
to be 650 feet from each other.
Michelle Clark, Costa Mesa resident, stated concerns with the sober living homes
in our City.
A Costa Mesa resident stated concerns with the sober living homes in our City.
Mary -Helen Beatifacatl, Morningside Recovery, stated concerns with the
Ordinance's conditions that violate the privacy rights of the individuals in recovery.
Amy Phee, Costa Mesa resident, stated she would like the Ordinance to move
forward, limit the amount of group homes, the need for qualified staff, be regulated
like treatment centers and the affects they are having on the community.
Angela Hareyu, Costa Mesa resident, stated concerns with the Ordinance and the
over concentration of group homes in our City.
Nancy Clark, Nancy Clark and Associates Inc (The Recovery Center), stated
concerns with the Ordinance and what is the reason behind the group homes.
Letisha Freeman, Costa Mesa resident, stated problems she is having with a group
home located by her on Center Street.
Chair closed the public hearing.
Commissioners and staff discussed the public concerns and questions.
Commissioner McCarthy talked about City of San Clemente Moratorium, what a
moratorium is, reminded everyone that we are looking at a zoning ordinance,
stated state wide approach is not an option right now and what the City's options
are.
Vice Chair Mathews asked who could originate a request for a moratorium. Claire
Flynn responded City Council would direct staff to initiate a moratorium. A
moratorium could be requested after the proposed Ordinance gets passed.
IM
Chair Dickson asked staff to bring forth a regulation included as a recommendation
to Council requiring out of state residents who drop out or relapse under the
program of a sober living home to be relocated, at the operator's expense, to
prevent former residents from ending up homeless within the surrounding
neighborhoods. He also urged the community to contact the City with any concerns
or complaints of group homes that are impacting their neighborhoods and
applauded staff for bringing the Ordinance forward.
Commissioners and staff discussed the enforcement necessary for the group
homes, the regulations with the state facilities and how the City can better locally
regulate the state facilities.
MOTION: Hereby approve that the Planning Commission recommend that
the City Council give first reading to Ordinance with the following
modifications:
Handwritten page 13 change: adult to adults
Handwritten page 15 change: exit to exists
Handwritten page 16 in section 13-322. (a)(3) to read: "The group home or
sober living home is at least 650 feet from any other property, as defined in
Section 13-321, that operates the same or similar home or facility including,
but not limited, GH, SCF, and state licensed facilities."
Handwritten page 17 in section 13-323. (b) to read: "The group home,
residential care facility or state licensed drug and alcohol treatment facility
is at least six -hundred fifty feet from any property, as defined in Section 13-
321, that operates such the same or similar home or facility as measured
from the property line.
Moved by Commissioner McCarthy, seconded by Vice Chair Mathews.
The motion carried by the following roll call vote:
Ayes: Dickson, Mathews, McCarthy, Sesler, Andranian
Noes: None
Absent: None
Abstained: None
Chair called a 5 minute break.
—5B'