HomeMy WebLinkAbout99-66 - Approving Conditional Use Permit PA -99-10RESOLUTION NO. 99-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT PA -99-10.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, an application was filed by Donald Ward, with respect to real
property located at 382 Hamilton Street, requesting a conditional use permit for
conversion of an existing duplex into a drug and alcohol recovery facility for 12
residents, with two caretakers, in the R2 -MD zone; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on June 28, 1999, at which time the Planning Commission approved Conditional Use
Permit PA -99-10; and
WHEREAS, an appeal was filed by Council Member Dixon on July 6, 1999; and
WHEREAS, the City Council continued this public hearing at their meetings of
July 19, September 7, and September 20, 1999; and
WHEREAS, a duly noticed public hearing was held by the City Council on
October 4, 1999.
NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record,
the findings contained in Exhibit "A", and subject to conditions of approval contained
in Exhibit "B", the City Council hereby approves Conditional Use Permit PA -99-10
with respect to the property described above.
BE IT FURTHER RESOLVED that the City Council hereby finds and determines
that adoption of this resolution is expressly predicated upon the activity as described
in the staff report for Conditional Use Permit PA -99-10, and upon applicant's
compliance with each and all conditions contained in Exhibit "B". Should any material
change occur in the operation, or should the applicant fail to comply with the
conditions of approval, then this resolution and any recommendation for approval
herein contained, shall be deemed null and void.
PASSED AND ADOPTED this 4' day of October, 1999.
C3 t - -) L- -- -::)
Mayor of t e City of Costa Mesa
ATTEST:
1, \
Deputy City Cl 1r of the City of Costa Mesa
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing
Resolution No. 99-66 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof, held on the a day of October, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 5' day of October, 1999.
D D
Deputy Cit) Clerk and ex -officio Clerk of
the City Col cil of the City of Costa Mesa
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EXHIBIT "A"
FINDINGS
APPL. PA -99-10
A. The information presented substantially complies with Costa Mesa Municipal
Code section 13-29(g)(2) in that the proposed residential facility, as
conditioned, will be substantially compatible with developments in the same
general area. Granting the conditional use permit will not be detrimental to the
health, safety and general welfare of the public or other properties or
improvements within the immediate vicinity. Specifically, the use is residential
in nature, and conditions designed to mitigate potential adverse impacts on
surrounding properties have been imposed to ensure that the property and the
use will continue to be compatible with the residential neighborhood within
which it is located. Very little traffic should be generated by the use since the
applicant has committed to discontinue open meetings, residents are not
permitted to bring their cars, and no guests are permitted. Granting the
conditional use permit will not allow a use, density or intensity which is not in
accordance with the general plan designation for the property.
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 from CEQA.
C. The project, as conditioned, is consistent with Chapter XII, Article 3,
Transportation System Management, of Title 13 of the Costa Mesa Municipal
Code in that the development project's traffic impacts will be mitigated by the
payment of traffic impact fees.
Exhibit "A"
Resolution No. 99-66
Page 1 of 1
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EXHIBIT "B"
CONDITIONS OF APPROVAL
APPL. PA -99-10
Ping. 1.
The use shall be conducted as described in the staff report and
the applicant's written description dated February 4, 1999 and
April 12, 1999, which describes the facility as housing a
maximum of 12 clients recovering from alcohol and/or drug-
related problems, and may include those on probation for
convictions associated with DUI offenses or other drug and /or
alcohol-related offenses. The number of caretakers, currently
two, shall be consistent with the requirements of the State
Department of Alcohol and Drug Programs. At no time shall the
combined number of residents and caretakers exceed 14.
2.
To be admitted to the facility, potential residents shall be low-
risk (no major criminal records), nonviolent offenders who show
good potential for rehabilitation.
3.
All on-site parking spaces, both covered and uncovered,
including driveways, shall be available at all times for vehicle
parking. Garages or carports may not be used for meetings,
recreation, storage, or any other use which at any time will
preclude automobile parking.
4.
This facility shall always maintain a current, valid State license.
Applicant shall provide the City with copies of licenses as issued
and renewed.
5.
The applicant and /or authorized agent shall provide the Planning
Division with a copy of the State of California, Department of
Alcohol and Drug Programs license for the second floor unit prior
to use of this unit as part of the recovery facility.
6.
All counseling and other meetings at this site shall be held inside
the home.
7.
No detoxification services shall be provided at this location.
8.
A 24-hour on-site manager shall be provided at all times.
9.
Applicant shall provide a telephone number to neighbors who
have complaints about parking, trespassing, and/or other
improper behavior.
10.
The conditional use permit herein approved shall be valid until
revoked, but shall expire upon discontinuance of the activity
authorized hereby for a period of 180 days or more. The
conditional use permit may be referred to the Planning
Commission for modification or revocation at any time if the
conditions of approval have not been complied with, if the use is
being operated in violation of applicable laws or ordinances, or if,
in the opinion of the Development Services Director or his
designee, any of the findings upon which the approval was based
are no longer applicable.
Exhibit "B"
Resolution No. 99-66
Page 1 of 3
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APPL. PA -99-10
11.
Street addresses shall be displayed on the complex identification
sign or, if there is no complex identification sign, on the building
fascia adjacent to the main entrance or front door, in a manner
visible to the public street. Street address numerals shall be a
minimum 6" in height with not less than '/z " stroke and shall
contrast sharply with the background. Identification of individual
units shall be provided adjacent to the unit entrances. Letters or
numerals shall be 4" in height with not less the '/4" stroke and
shall contrast sharply with the background.
12.
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. If applicable, new
business/property owners shall be notified of conditions of
approval upon transfer of business or ownership of land.
13.
The facility shall operate, at all times, in a manner that will allow
the quiet enjoyment of the surrounding neighborhood. The
applicant and/or business owner shall institute whatever security
and operational measures are necessary to comply with this
requirement.
14.
A six-foot high masonry wall shall be constructed and maintained
on all property lines abutting other residentially -zoned property,
except in areas where the Development Services Director
determines that equivalent privacy and/or noise barriers already
exist, such as accessory buildings on or near the property line..
15.
The number of residents' vehicles parked on the site or on public
streets in the area shall not exceed eight (8) (Total consists of
on-site parking spaces, one vehicle for every 8' by 19' portion of
on-site driveway, and one vehicle for every 20' of on -street
parking directly in front of the property.)
16.
The number of activities, events and meetings involving more
than 6 people who are not residents of the home shall not exceed
3 in one month nor 12 in one year. Residents and non-residents
attending any meetings, activities, or other events shall not be
charge a fee, nor shall a donation be solicited for attendance.
17.
It shall be the responsibility of the applicant to file with the Code
Enforcement Office the current name, address and telephone
number of the manager of the property, and to ensure that this
information is kept current at all times.
18.
Each dwelling unit shall have no more than one mail box and no
more than one meter for each utility.
19.
The use approved by this permit shall not result in a change in
the use or occupancy of the structure as defined in the Uniform
Building Code.
20.
Formal visiting hours shall be on Sunday between 11 a.m. and 3
p.m.
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Exhibit "B"
Resolution No. 99-66
Page 2 of 3
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70 APPL. PA -99-10
21. The maximum number of visitors at any one time shall be no
greater than 12.
22. All cars from the residence, including staff and clients, shall be
parked on site.
23. Meetings shall not be open to the public and are prohibited from
being advertised in AA periodicals, etc.
DE REQUIREMEN
The following list of federal, State, and local laws applicable to the project has
been compiled by staff for the applicant's reference. Any reference to "City"
pertains to the City of Costa Mesa.
Ping. 1.
The property shall be maintained in accordance with landscape
maintenance requirements contained in Costa Mesa Municipal Code
Section 13-108.
2.
Permits shall be obtained for all signs according to the provisions of the
Costa Mesa Sign Ordinance.
Bldg. 3.
If any building alterations are proposed, comply with the requirements
of the Uniform Building Code as to design and construction.
Compliance with CCR Title 24 pertaining to "Disabled Access
Regulations" is required if the facilities accept any non-ambulatory
residents.
Fire 4.
Contact Fire Prevention at (714) 754-5128 for possible
requirements for these facilities.
Trans. 5.
Fulfill mitigation of off-site traffic impacts at the time of issuance of
certificate of occupancy by submitting to the Planning Division the
required Traffic Impact Fee pursuant to the prevailing schedule of
charges adopted by the City Council. The Traffic Impact Fee includes
a credit for all existing uses. At the current rate per trip end, the
Traffic Impact Fee is estimated as $50.00.
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Exhibit "B"
Resolution No. 99-66
Page 3 of 3