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HomeMy WebLinkAbout18-16 - PA-16-04 Approval, 2041 Tustin St., Summit Coasta LivingRESOLUTION NO. 18-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REVERSING THE DECISION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT PA -16-04 FOR A SOBER LIVING FACILITY OPERATED BY SUMMIT COASTAL LIVING HOUSING NINE OCCUPANTS (INCLUDING ONE LIVE-IN HOUSE MANAGER) WITHIN THREE EXISTING UNITS AT 2041 TUSTIN STREET THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Summit Coastal Living with respect to the real property located at 2041 Tustin Avenue; and WHEREAS, the application submitted to the City consists of a Conditional Use Permit to allow the subject sober living faciltity to serve up to 12 residents and one house manager within three existing units; and WHEREAS, the City of Costa Mesa recognizes that while not in character with residential neighborhoods, when operated responsibly, group homes, including sober living homes, provide a societal benefit by providing disabled persons, as defined by state and federal law, the opportunity to live in residential neighborhoods, as well as providing recovery programs for individuals attempting to overcome their drug and alcohol addictions; therefore, providing greater access to residential zones to group homes, including sober living homes, than to boardinghouses or any other type of group living provides a benefit to the City and its residents; and WHEREAS, the City of Costa Mesa has adopted standards for the operation of group homes, residential care facilities and state licensed drug and alcohol facilities that are intended to provide opportunities for disabled persons, as defined by state and federal law, to enjoy comfortable accommodations in a residential setting; and WHEREAS, the City of Costa Mesa has found that congregating sober living homes in close proximity to each other does not provide disabled persons, as defined in state and federal law, with an opportunity to "live in normal residential surroundings," but rather places them into living environments bearing more in common with the types of institutional/campus/dormitory living that the FEHA and FHAA were designed to provide Resolution No. 18-16 Page 1 of 12 relief from for the disabled, and which no reasonable person could contend provides a life in a normal residential surrounding; and WHEREAS, the City of Costa Mesa has determined that a separation requirement for such facilities will still allow for a reasonable market for the purchase and operation of sober living homes within the City and still result in preferential treatment for sober living homes in that non -disabled individuals in a similar living situation (i.e., in boardinghouse - style residences) have fewer housing opportunities than disabled persons; and WHEREAS, the City of Costa Mesa has determined that a group home, sober living home or state licensed drug and alcohol treatment faciltity shall be operated on a single parcel of land; and WHEREAS, the project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines, and has been found to be categorically exempt from CEQA under Section 15301 (Existing Facilities); and WHEREAS, the CEQA categorical exemption for this project reflects the independent judgment of the City of Costa Mesa; and WHEREAS, the conditional use permit application was processed in the time and manner prescribed by federal, state and local laws; and WHEREAS, on August 28, 2017 the Planning Commission conducted a duly noticed public hearing, at which time interested persons had an opportunity to testify either in support of or in opposition to the application, and determined by a 4-1 vote to deny the Application; and WHEREAS, the Planning Commission voted 5-0 at its meeting of September 11, 2017, to adopt Resolution PC -17-32 denying this application; and WHEREAS, the Applicant appealed the decision of the Planning Commission in a timely manner; and WHEREAS, a duly noticed public hearing was held by the City Council on March 20, 2018, with all persons having the opportunity to speak for and against the proposal, at which time the Council voted 3-2 to approve the Application; and Resolution No. 18-16 Page 2 of 12 WHEREAS, at the public hearing held by the City Council on March 20, 2018, the applicant expressly agreed to be bound by all of the conditions of approval set forth herein, including, but not limited to numbers 17, 28, 29 and 30 as set forth in Exhibit B hereto; and WHEREAS, the resolution memorializing the City Council's decision on March 20, 2018 to approve the application was placed on the agenda for City Council meeting of April 3, 2018; and WHEREAS, at its meeting of April 3, 2018, based on issues raised during public testimony, the City Council directed that a new public hearing should be held by the City Council to determine if the application should be approved or denied; and WHEREAS, a duly noticed public hearing was held by the City Council on June 5, 2018, with all persons having the opportunity to speak for and against the proposal. BE IT RESOLVED, therefore, that based on the evidence in the record, the applicant's agreement to be bound by the conditions of approval and the findings contained in this resolution, the City Council hereby REVERSES THE PLANNING'S COMMISSION'S DENIAL and APPROVES Conditional Use Permit PA -16-04. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED this 5th day of June, 2018. Sandra L. Genis, Mayor Resolution No. 18-16 Page 3 of 12 ATTEST: &. pv& Of-e� Brenda Green ity Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM: Thomas DuaFr6, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 18-16 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 5th day of June, 2018, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Righeimer, Stephens, Mansoor, and Genis. NOES: COUNCIL MEMBERS: Foley ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 6th day of June, 2018. L orwAk Brenda Green City Clerk Resolution No. 18-16 Page 4 of 12 EXHIBIT A FINDINGS (APPROVAL) A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) in that: Finding: The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. Facts in Support of Findings: A sober living home is a supportive living environment for persons who are recovering from drug and/or alcohol addiction. The subject property is not within 650 feet of any other sober living home or state licensed drug and alcohol facility that is currently permitted pursuant to City of Costa Mesa land use requirements. This separation distance helps to preserve the residential character of neighborhoods and facilitates General Plan Land Use Element Goal LU -1 F.1 and Housing Element Goal HOU-1.2 in that it protects existing stabilized residential neighborhoods from the encroachment of incompatible or potentially disruptive land uses and/or activities. The configuration of the buildings and the site's proximity to an alley on the easterly property line help minimize potential impacts. The sober living home has operated at this location for more than five years. During that time, the City has received no complaints regarding the operation of the facility from surrounding residents. The facility has generated few requests for emergency services, and no requests for Code Enforcement action. The property is well maintained. The applicant has operated this facility in a manner that does not conflict with the residential character of the neighborhood. There is adequate space to accommodate vehicles belonging to the occupants on the driveway and on the street. Finding: Granting the 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: As part of the application process, the sober living operator was required to Live Scan all owners/operators who have contact with residents and house managers. Additionally, the sober living operator submitted a copy of the House Rules, Relapse Policy and all forms distributed to residents. These documents demonstrate that the facility will be operated in a manner consistent with the provisions of the Costa Mesa Municipal Code. There have not been any code enforcement complaints since Summit Coast Living began operating at the property more than five years ago. Further, the facility has not generated an extraordinary number of calls for emergency services which would place an unreasonable burden on City services. Resolution No. 18-16 Page 5 of 12 The Costa Mesa Municipal Code and the conditions of approval require the owner to operate the facility in a manner that will allow the quiet enjoyment of the surrounding neighborhood. Existing mature landscaping, fences and an adjacent alley provide a buffer from adjacent properties and the adjoining street and sidewalk, helping to minimize impacts to the surrounding neighborhood. The owner will provide his name and phone number to neighbors so they may contact him if there are any concerns regarding operation of the facility. The sober living home is subject to a City inspection of the interior and/or exterior of the facility to verify that the approved use has not been altered and that the property complies with all applicable code(s) upon 24-hour written notice. The operator is an active member of The Sober Living Network, a non-profit organization that sets the most comprehensive standards for sober living homes in the nation. This organization conducts annual inspections to insure member facilities are in compliance. The standards promulgated by this organization can be found at www.soberhousing.net. These standards reinforce the City's regulations. The facility will house up to eight residents and one house manager (as conditioned) in three existing units. Combined, these units feature seven bedrooms and four bathrooms. There are also three kitchens, three indoor living areas, and distinct outdoor living areas. The project provides seven parking spaces, and there are additional parking spaces available in the driveway should they be needed by residents. The proposed occupancy of the facility is reasonable. The owner has demonstrated an ability to operate the facility in a manner that is compatible with the neighborhood. Finding: Granting the conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property. Facts in Support of Findings: The use is consistent with Housing Element Goal HOU-1.8 of the General Plan, which encourages the development of housing that fulfills specialized needs by providing living opportunities for disabled individuals. The facility provides an accommodation for the disabled that is reasonable and actually resembles the opportunities afforded non - disabled individuals to use and enjoy a dwelling unit in a residential neighborhood. The facility offers a comfortable living environment that will enhance opportunities for the disabled, including recovering addicts, to be successful in their programs. The subject property contains three existing units on a legal non -conforming site. The proposed use is consistent with the general plan designation. Resolution No. 18-16 Page 6 of 12 B. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. C. The project is exempt from Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. Resolution No. 18-16 Page 7 of 12 *4:11;3Ill 9 3 CONDITIONS OF APPROVAL Ping. 1. Once issued by the City, the owner shall maintain in good standing, an operator's permit as required by Article 23, Chapter 2 of Title 9 of the Costa Mesa Municipal Code. 2. The total number of occupants in the sober living home shall be no more than eight, plus one live-in house manager. 3. The use shall be limited to the type of operation described in the staff report and applicant's project description submitted with the application on January 4, 2016, and these conditions. Any change in the operational characteristics including, but not limited to, home rules and regulations, intake procedures or relapse policy, shall be subject to Community Improvement Division review 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 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)]. 4. Applicant shall defend, with the attorney of City choosing, and shall indemnify and hold harmless the City, its officials and employees, against all legal actions filed challenging City's approval of the applicant's project and/or challenging any related City actions supporting the approval. 5. 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 during normal business hours (9:00 a.m. to 5:00 p.m., Monday through Saturday). 6. The project is subject to compliance with all applicable federal, state, and local laws. 7. All vehicles associated with the residence, including those belonging to residents and staff, shall be limited to parking on the property and/or on the street within 500 feet of the property. 8. It shall be the applicant's responsibility to maintain current information on file with the City regarding the name, address and telephone number of the property manager and/or owner. Resolution No. 18-16 Page 8 of 12 9. The property shall be maintained in accordance with landscape maintenance requirements contained in Costa Mesa Municipal Code Section 13-108. 10. Each dwelling unit shall be limited to one mailbox and one meter for each utility. 11. The facility shall operate at all times in a manner that will allow the quiet enjoyment of the surrounding neighborhood consistent with Title 20 of the Costa Mesa Municipal Code. The applicant and/or manager shall institute whatever measures are necessary to comply with this requirement. 12. If any building alterations are proposed, the applicant shall comply with requirements of the California Building Code as to design and construction. 13. The applicant shall obtain a fire clearance from the Costa Mesa Fire Department pursuant to the requirements of the current version of the California Fire Code within 30 days of the date of approval of the Permit. 14. The applicant shall obtain a business license from the Costa Mesa Finance Department within 30 days of the date of approval of this Permit, and shall renew the license as required by the Costa Mesa Municipal Code. 15. The applicant shall provide neighbors with the telephone number of the on-site manager and/or property owner, for the purposes of allowing neighbors to lodge complaints or describe concerns about the operation of the facility. 16. The sober living home shall not provide any of the following services as they are defined by Section 10501 (a)(6) of Title 9, California Code of Regulations: detoxification; education counseling; individual or group counseling sessions; and treatment recovery or planning. CID 17. The applicant shall not allow any person or persons who is or are on any form of probation or parole to reside in or otherwise occupy the facility or property, including, but not limited to those subject to Health & Safety Code section 11590 et seq. (Registration of Controlled Substance Offenders) and/or Penal Code section 290 et seq. (Sex Offender Registration Act). 18. The applicant shall comply with any and all water conservations measures adopted by the Mesa Water District that apply to multi- family residences and/or properties. Resolution No. 18-16 Page 9 of 12 19. The applicant shall post a copy of the Good Neighbor Policy in at least one highly visible location inside each unit and in at least one highly visible location in all side and rear yards. 20. The applicant shall ensure that no trash and debris generated by tenants is deposited onto the City's rights of way pursuant to Section 8-32 of the Costa Mesa Municipal Code. 21. All drivers of vehicles at the group home shall comply with all applicable provisions of the Vehicle Code, including but not limited to those provisions regulating licensure, parking, standing and stopping. 22. The applicant shall comply with reservation procedures implemented by the City's Parks and Community Services Department to reserve park shelters or picnic areas for special events. 23. This CUP is subject to review if the applicant fails to comply with any of the conditions of approval listed in this resolution and/or the facility creates an excessive amount of calls for City services. 24. At least 48 hours prior to an occupant's eviction from or involuntary termination of residency in this group home, the operator thereof shall: a. Notify the person designated as the occupant's emergency contact or contact of record that the occupant is no longer a resident at the home; b. Contact the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the City to determine the services available to the occupant, including but not limited to, alcohol and drug inpatient and outpatient treatment; c. Notify the city's Network for Homeless Solutions that an occupant is no longer a resident at the home, and determine the services available therefrom; d. Provide the information obtained from b. and c. and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon; If the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the Operator's Permit for this facility, the operator shall comply with this condition prior to evicting the resident. Resolution No. 18-16 Page 10 of 12 25. Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall make available to the occupant transportation to the address listed on the occupant's driver license, state issued identification card, or the permanent address identified in the occupant's application or referral to the group home. Should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant. The group home operator may not satisfy this obligation by providing remuneration to the occupant for the cost of transportation. 26. The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with Conditions 24 and 25; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. 27. All parking spaces, including those within garages, shall remain free and accessible for parking of vehicles. By December 1 of every year, the applicant shall submit written confirmation that all parking spaces on the property remain accessible for parking. This confirmation shall be accompanied by photographs that document the accessibility of each space for automobile parking. 28. An authorized representative(s) of the City shall be allowed to inspect the interior and exterior of the property during normal business hours (9:00 a.m. to 5:00 p.m., Monday through Friday) provided the operator has received notice of said inspection at least 24 hours in advance. 29. No more than two residents living in the facility at anyone time shall have a domicile outside the State of California. 30. This Conditional Use Permit shall expire and become null and void if the property is sold, transferred or the ownership, control and/or operation of the property otherwise changes in any manner whatsoever from that set forth in application number PA -16-04. Resolution No. 18-16 Page 11 of 12 CODE REQUIREMENTS Ping. 1. The use shall comply with all requirements of Chapter XVI of the Costa Mesa Municipal Code relating to development standards for sober living homes in multi -family residential zones. Bldg. 2. Prior to making alterations to the property and throughout construction, the applicant shall comply with the requirements of the applicable adopted California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards Code and California Energy Code and the California Code of Regulations, also known as the California Building Standards Code, as amended by the City of Costa Mesa. Resolution No. 18-16 Page 12 of 12