HomeMy WebLinkAbout17-48 - Reversing Denial of Special Use Permit SL-15-0014 Approval, 2152 Raleigh AvenueRESOLUTION NO. 17-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, REVERSING THE PLANNING COMMISSION'S DENIAL OF SPECIAL
USE PERMIT SL -15-0014 TO OPERATE A SOBER LIVING HOME SERVING SIX OR
FEWER OCCUPANTS AT 2152 RALEIGH AVENUE
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, Gregg Ohlhaver of Keystone Sober Living (the "Applicant") operates
a sober living home serving six males at 2152 Raleigh Avenue, Costa Mesa (the
"Property") and has done so continously since 2004; 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
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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
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 Applicant filed special use permit (SUP) SL -15-0014 with the
City's Development Services Department to operate a group home with six or fewer
residents in an R1 zone; and
WHEREAS, there are two exisiting state licensed drug and alcohol facilities with
six or fewer residents located at 687 Governor Street, which is within apprxoimately 482
feet of the subject facility, and 679 Governor Street, which is within approximately 604
feet of the subject facility; and
WHEREAS, the applicant received notice of a scheduled Director's Hearing more
than seven (7) business days prior and received a written report prepared by staff
recommending denial of the SUP based upon the criterion established in Section 13-
311(b)(6)(iii) of the Costa Mesa Municipal Code; and
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WHEREAS, a Director's Hearing was conducted on September 1, 2016 providing
the applicant with the opportunity to present any reasons and/or evidence why the special
permit should not be denied; and
WHEREAS, the Director provided a written notice to the applicant denying the SUP
pursuant to Section 13-311(b)(6)(iii) and included a statement of the right to appeal to the
Planning Commission and the time -limits therefore; and
WHEREAS, the Applicant appealed the denial of the application in a timely
manner; and
WHEREAS, on November 28, 2016, the Planning Commission considered the
appeal of the Director's determination at a regularly scheduled meeting open to the public,
at which time interested persons had an opportunity to testify either in support of or in
opposition to the Application and determined by a 5-0 vote to uphold the Director's denial
of the SUP; and
WHEREAS, on December 5, 2016, the Applicant appealed the decision of the
Planning Commission to deny this application in a timely manner; and
WHEREAS, on June 20, 2017, the City Council considered the appeal during a
duly noticed public hearing, at which time interested persons had an opportunity to testify
either in support or in opposition to the application; and
WHEREAS, at the time the Applicant filed SUP SL -15-0014 there were no other
permitted group homes or state licensed facilities within 650 feet of the Property; and
WHEREAS, the City has received no complaints regarding the Property or the
operation of the sober living home since it began operation in 2004; and
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WHEREAS, the planned closure of arterial wall openings along Victoria St. and
Fairview Ave. will mitigate the proximity of the two exisiting state licensed drug and alcohol
facilities located at 687 Governor Street and 679 Governor Street; and
WHEREAS, Applicant indicated that he wished to apply for a reasonable
accomodation to be relieved of the location requirements of Section 13-311(b)(6)(iii); and
WHEREAS, good cause exists to relieve the Applicant from strict compliance with
the procedural requirements of Article 15 (Reasonable Accomodations) of Title 13
(Zoning) of the Costa Mesa Municipal Code; and
WHEREAS, granting a reasonable accommodation to relieve the Applicant of the
location requirements of Section 13-311(b)(6)(iii) is justified because the accommodation
is: requested by or on the behalf of one (1) or more individuals with a disability protected
under the fair housing laws; is necessary to provide one (1) or more individuals with a
disability an equal opportunity to use and enjoy a dwelling; will not impose an undue
financial or administrative burden on the City; is consistent with surrounding uses in scale
and intensity of use; will not, under the specific facts of the case, result in a direct threat
to the health or safety of other individuals or substantial physical damage to the property
of others; will not result in a fundamental alteration in the nature of the city's zoning
program; will not fundamentally alter the character of the neighborhood; will not result
in a substantial increase in traffic or insufficient parking; will not create an
institutionalized environment due to the number of and distance between similar
facilities; and as an established use for long term residents since 2004, this facility
provides a unique type of living environment at a relatively lower cost that is not
available in this specific neighborhood; therefore, approval of this accommodation is
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necessary to ensure that individuals with a disability have an opportunity to enjoy this
type of residential setting.
NOW THEREFORE, the City Council of the City of Costa Mesa finds that the
above stated facts are true and correct and finds and resolves as follows:
BE IT RESOLVED, therefore, the facility located at the Property is a sober living
home. A reasonable accommodation is hereby granted to relieve the Applicant of the
location requirements of Section 13-311(b)(6)(iii).
BE IT FURTHER RESOLVED, therefore, that based on the evidence in the record
and the findings contained in this resolution, the City Council hereby reverses THE
PLANNING COMMISISON'S DENIAL of Special Use Permit SL -15-0014 to operate a
sober living home at 2152 Raleigh Avenue.
BE IT FURTHER RESOLVED, therefore, that the City Council hereby authorizes
the DIRECTOR OF DEVELOPMENT SERVICES to issue a Special Use Permit to the
Applicant to authorize the continued operation of a sober living home at 2152 Raleigh
Avenue.
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.
The City Clerk shall attest to the adoption of this resolution and shall forward a
copy to the Applicant, and any person requesting the same.
Resolution No. 17-48 Page 5 of 6
oececn eND ADOPTED this 18th day of July, 2017.
ATTEST:
&"Ja ,P.PiUI,
Brenda Green, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
APPROVED AS TO FORM:
Thom s u rt , Ci y 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. 17-48 and was duly passed and
adopted by the City Council of the City of Costa Mesa at a regular meeting held on the
18th day of July, 2017, by the following votes:
AYES: COUNCIL MEMBERS: STEPHENS, GENIS, AND FOLEY
NOES: COUNCIL MEMBERS: MANSOOR AND RIGHEIMER
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 19th day of July, 2017.
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