HomeMy WebLinkAbout19 - NB-4 - Remanding Decisions on Certain Applica - 4/18/2017CITY COUNCIL AGENDA REPORT
MEETING DATE: APRIL 18, 2017
ITEM NUMBER: IVB -4
SUBJECT: REMANDING DECISIONS ON CERTAIN APPLICATIONS AFFECTED BY CODE
AMENDMENT CO -17-02 BACK TO THE PLANNING COMMISSION AND DIRECTOR OF
DEVELOPMENT SERVICES
DATE: APRIL 6, 2017
FROM: DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: SHERI VANDER DUSSEN, AICP, INTERIM ASSISTANT
DIRECTOR
FOR FURTHER INFORMATION CONTACT: Sheri Vander Dussen (714) 754-5617
Sheri.vanderdussen(a)costamesaca.gov
RECOMMENDATION:
Adopt the attached resolution remanding appeals of Planning Commission decisions
regarding certain conditional use permit and special use permit back to the Planning
Commission; and remanding all past decisions regarding requests for reasonable
accommodations filed in conjunction with group home applications back to the Director of
Development Services for further consider.
ANALYSIS:
The City has initiated modifications to the City's regulations for group homes and
licensed alcohol and drug treatment facilities in the City's residential zones. These
code amendments are scheduled for City Council review on April 18 as a prior agenda
item. In addition, the composition of the Planning Commission changed in February of
2017. Several decisions made by the former Planning Commission have been
appealed to the City Council. In addition, one public hearing was concluded by the
former Planning Commission to be brought back to the Commission at a subsequent
meeting for consideration of a resolution of denial. Four of the five members of the
current Commission were not present during these hearings, and did not participate
therein. Given that there are a number of applications for group homes and licensed
alcohol and drug treatment facilities pending before the City, and these pending
applications will be reviewed under the revised regulations, it is appropriate for the City
to ensure that decisions made are consistent. Therefore, depending on the actions
taken by the Council on the related code amendments, the Council may choose to
remand decisions that have been appealed back to the Planning Commission for
reconsideration, and to remand decisions made regarding requests for reasonable
accommodations back to the Director of Development Services. Decisions made by the
appropriate approving authority will still be subject to appeal.
The applicants who have appealed decisions to the City Council have agreed to have
their applications remanded to the Planning Commission.
LEGAL REVIEW:
The draft resolution has been reviewed and approved as to form by the City Attorney's
Office.
CONCLUSION:
Remanding these decisions back to the Planning Commission and Director of
Development Services for further consideration will ensure that all applications for group
homes and licensed drug and alcohol treatment facilities in residential zones are
evaluated under the same regulations.
SHERI VANDER DUSSEN, AICP
Interim Assistant Director
JAY TREVINO, AICP
Development Services
Consultant
Department
ATTACHMENTS: 1. Resolution Remanding Appeals of Planning
Commission decisions back to the Planning
Commission and decisions regarding Reasonable
Accommodation back to the Director of Development
4Prvir.Pc
ATTACHMENT 1
RESOLUTION NO. 17-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA REMANDING APPEALS OF
PLANNING COMMISSION DECISIONS REGARDING
CONDITIONAL USE PERMITS PA -16-41 AND PA -16-44
AND SPECIAL USE PERMITS SL -15-13, SL -15-14, SL -15-
19 AND SL -15-41 BACK TO THE PLANNING
COMMISSION; AND REMANDING DENIAL OF
CONDITIONAL USE PERMIT PA -16-04 BACK TO THE
PLANNING COMISSION FOR RECONSIDERATION; AND
REMANDING DECISIONS MADE BY THE DEVELOPMENT
SERVICES DIRECTOR REGARDING REQUESTS FOR
REASONABLE ACCOMMODATION FILED IN
CONJUNCTION WITH APPLICATIONS FOR
CONDITIONAL USE PERMITS PA -16-04, PA -16-06, PA -16-
12, PA -16-13, PA -16-15, PA -16-18, PA -16-25, PA -16-26,
PA -16-30, PA -16-31, PA -16-32, PA -16-33, PA -16-34, PA -16-
35, PA -16-36, PA -16-37, PA -16-38, PA -16-39, PA -16-40,
PA -16-42, AND PA -16-43 AND SPECIAL USE PERMIT SL -
16 -09 BACK TO THE DIRECTOR FOR FURTHER
CONSIDERATION
THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE FOLLOWING
FINDINGS WITH RESPECT TO THE ADOPTION OF THIS RESOLUTION:
WHEREAS, on November 14, 2016 the Planning Commission conducted public
hearings, heard and denied appeals of the Development Services Director's decisions to
deny reasonable accommodation requests pursuant to Article 15 of Chapter IX of the
Zoning Code and applications for Special Use Permits pursuant to Chapter XV of the
Zoning Code in the following matters:
Special Use Permits SL -15-13, SL -15-19 and SL -15-41
WHEREAS, on November 14, 2016 the Planning Commission conducted a public
hearing and requested that staff return with a resolution to deny an application for a
Conditional Use Permit (CUP) pursuant to Chapter XVI of the Zoning Code, but did not
take formal action to approve or deny the application in the following matter:
Conditional Use Permit PA -16-04
WHEREAS, on November 14, 2016 the Planning Commission conducted public
hearings, heard and denied appeals of the Development Services Director's decisions to
deny reasonable accommodation requests pursuant to Article 15 of Chapter IX of the
Zoning Code and denied applications for Conditional Use Permits (CUPs) pursuant to
Chapter XVI of the Zoning Code in the following matters:
Resolution No. 17-xx Page 1 of 4
Conditional Use Permits PA -16-41 and PA -16-44
WHEREAS, on November 28, 2016 the Planning Commission conducted a public
hearing, heard and denied an appeal of the Development Services Director's decision to
deny a Special Use Permit pursuant to Chapter XV of the Zoning Code in the following
matter:
Special Use Permit SL -15-14
WHEREAS, since the above referenced actions were taken, the Planning
Commission was dissolved on January 3, 2017 and a new Planning Commission was
appointed on February 7, 2017; and
WHEREAS, on March 27, 2017 the Planning Commission made various
recommendations to the City Council regarding revisions to Article 15 of Chapter IX,
Chapter XV and Chapter XVI of the Zoning Code; and
WHEREAS, on April 18, 2017, the City Council introduced an ordinance adopting
Code Amendment CO -17-02; and
WHEREAS, currently pending before the Planning Commission are the following
20 CUP hearings including 17 appeals of the Development Services Director's decisions:
Conditional Use Permits PA -16-06, PA -16-12, PA -16-13, PA -16-15, PA -16-18,
PA -16-25, PA -16-26, PA -16-30, PA -16-31, PA -16-32, PA -16-33, PA -16-34, PA -
16 -35, PA -16-36, PA -16-37, PA -16-38, PA -16-39, PA -16-40, PA -16-42 and PA -
16 -43
WHEREAS, the City Council desires that the Development Services Director and
Planning Commission consider the revisions to the Zoning Code when evaluating permit
applications and requests for reasonable accommodation; and
WHEREAS, the City Council desires to avoid inconsistent decisions of the
Planning Commission; and
WHEREAS, the applicants in the above referenced matters have consented to the
order of remand set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true, correct, and adopted by the City
Council as if set forth in full.
SECTION 2. The decisions of the Development Services Director regarding the
denial of reasonable accommodation in the following matters are remanded back to the
Development Services Director for further consideration consistent with this resolution
Resolution No. 17-xx Page 2 of 4
and Code Amendment CO -17-02 introduced on April 18, 2017, as soon as reasonably
possible:
Conditional Use Permits PA -16-06, PA -16-12, PA -16-13, PA -16-15, PA -16-18,
PA -16-25, PA -16-26, PA -16-30, PA -16-31, PA -16-32, PA -16-33, PA -16-34, PA -
16 -35, PA -16-36, PA -16-37, PA -16-38, PA -16-39, PA -16-40, PA -16-42 and PA -
16 -43
Special Use Permit SL -16-09
SECTION 3. The decisions of the Planning Commission to deny the following
applications are remanded back to the Planning Commission for further consideration
consistent with this resolution and Code Amendment CO -17-02 introduced on April 18,
2017, as soon as reasonably possible:
Conditional Use Permits PA -16-04, PA -16-41 and PA -16-44
Special Use Permits SL -15-13, SL -15-14, SL -15-19 and SL -15-41
SECTION 4. Should appeals be taken from any decision in any of the matters set
forth in Section 2. above, said appeals will be heard by the Planning Commission as soon
as reasonably possible; and should appeals be taken from any decision in the matters
set forth in Section 3 above, said appeals will be heard by the City Council as soon as
reasonably possible.
SECTION 5. The Planning Commission shall hold de -novo hearings in the
following matters regarding CUP applications following receipt of any decision from the
Development Services Director as soon as reasonably possible:
Conditional Use Permits PA -16-06, PA -16-12, PA -16-13, PA -16-15, PA -16-18,
PA -16-25, PA -16-26, PA -16-30, PA -16-31, PA -16-32, PA -16-33, PA -16-34, PA -16-35,
PA -16-36, PA -16-37, PA -16-38, PA -16-39, PA -16-40, PA -16-42 and PA -16-43
SECTION 6. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED ON April 18, 2017.
Katrina Foley, Mayor
ATTEST:
APPROVED AS TO FORM:
Brenda Green, City Clerk Thomas Duarte, City Attorney
Resolution No. 17-xx Page 3 of 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
foregoing Resolution No. 17-xx was duly passed and adopted by the City Council of
the City of Costa Mesa at a regular meeting held on April 18, 2017, by the following roll
call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City
of Costa Mesa on April 18, 2017.
BRENDA GREEN, CITY CLERK
Resolution No. 17-xx Page 4 of 4