HomeMy WebLinkAbout99-79 - Approving Conditional Use Permit PA -99-13 after rehearingRESOLUTION NO. 99-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT PA -99-13 AFTER REHEARING.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AND FIND AS FOLLOWS:
WHEREAS, an application was filed by Dr. Thames, authorized agent for
Janet Fiala, with respect to real property located at 154 East Bay Street,
requesting a conditional use permit for a first step facility with open AA meetings
in the R1 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
the request; and
WHEREAS, Council Member Erickson and Yellowstone Board Member
Walker filed appeals on June 30, 1999, and July 6, 1999, respectively; 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, at which time the Council approved the application, subject to
certain conditions; and
WHEREAS, applicant Yellowstone requested a rehearing on Council's
decision and on October 18, 1999, the Council granted the requested rehearing,
but only for the limited purpose of considering Condition number 3 regarding the
number of residents approved for the facility; and
WHEREAS, a public hearing was held by the Council on November 15,
1999, at which the Council heard testimony on this matter and considered other
evidence; and
WHEREAS, the City established the R-1 residential zone for the development
of the lowest density and intensity of residential uses for the purpose of assuring
the establishment of a stable residential neighborhood in which strong bonds are
created between neighbors in order to create a healthy and safe neighborhood;
and
WHEREAS, with the above goal in mind, the City has excluded numerous
potential uses from the R-1 zone, including but not limited to, hotels and motels,
residential hotels and motels, executive hotels and motels, which, due to the
number and highly transient nature of their occupants are incompatible with the
aforementioned goal; and
WHEREAS, the City Council finds that facilities of this kind that provide
treatment of and recovery from alcoholism and drug recovery can offer a needed
benefit to the community; and
WHEREAS, the City Council finds that such uses which serve six or more
people who occupy the facility for less than 30 days are typically more compatible
with other highly density and higher transitory uses predominating the R-3 zone
than they are with the R-1 zone;
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 -99-13 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 -99-13, 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 15"' day of November, 1999.
— o) �� (Z�)
Mayor of th City of Costa Mesa
ATTEST:
Deputy City rk of the City of Costa Mesa
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. 99-79 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on the 15`h day of November, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this 16`h day of November, 1999.
Deputy City erk and ex -officio Clerk of
the City CourJol of the City of Costa Mesa
EXHIBIT "A"
FINDINGS FOR PA -99-13
A. The City Council understands that state and federal policy requires that some
alcohol and drug recovery and treatment facilities be located in a residential
setting to afford the recovering addicts group support and to start the process
of reintegration into normal society. However, such users must be compatible
with the zone in which they are established. The City Council cannot find that
this facility is substantially compatible with developments in the same general
area or that it would not be materially detrimental to other properties in the
area. The proposed use is riot residential in nature, but rather commercial in
nature, given that it provides regular and institutionalized services to members
of the public. Due to factors including, but not limited to, the transiency of the
guests and the relative lack of control the management and the guests
themselves have over the others who temporarily occupy the facility, it is
unlikely that the residents will form the close, social, economic and
psychological commitments to each other that typifies a single housekeeping
unit.
B. The City Council cannot find that the facility 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. The record
reflects that this facility generates more police, fire, and emergency response
calls than do residential uses in the neighborhood. Moreover, the City has
received complaints about excessive noise and increased parking and traffic
problems due to the large number of people residing at and visiting this facility.
Of even more importance and concern is the evidence indicating that the
facility may continue to provide detoxification services (i.e., to accept residents
who are currently under the influence of alcohol and/or drugs), despite the fact
that the facility is not licensed to provide such services and that it has
expressly declared to the California Department of Alcohol and Drug Programs
that it will cease providing Such services. By accepting residents who are
currently under the influence of drugs and/or alcohol, the facility dramatically
changes the character of the neighborhood by, among other things, creating
excessive and disruptive noise, conceivably at all hours of the day and night,
and necessitating the presence of more emergency vehicles at the facility.
Among other problems, this disrupts and changes the character of the
residential neighborhood.
C. Although the City Council has determined that the proposed use is incompatible
with the surrounding area, in light of the state and federal policy referenced
above, and as a reasonable accommodation to those in need of rehabilitation,
as required by the federal Fair Housing Act, the City Council believes that the
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Exhibit "A"
Resolution No. 99-79
Page 1 of 2
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conditions imposed on the facility, as set forth iii exhibit "B" , will reduce the
detrimental effects of the facility on the neighborhood. Specifically, the
condition limiting the number of residents that the facility may serve to 7 or
fewer persons is reasonable because that number of residents is at least
somewhat consistent with the surrounding uses of property given that the
City's records reveal that the average occupancy load in the area in which the
facility is located is 2.96. While the City Council still finds that the transiency
of the users of the facility is inconsistent with the surrounding uses of
property, that impact is reduced by limiting the number of recovering addicts to
7 or fewer, yet still providing for (lie provision of recovery services in a
residential setting.
D. 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.
The proposed use of the property is consistent with the policies and goals of
the general plan.
E. 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 ex3errnpt from CEQA.
F. 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 tht3 development project's traffic impacts will be mitigated by the
payment of traffic impact fees.
Exhibit "A"
Resolution No. 99-79
Page 2 of 2
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CONDITIONS OF APPROVAL
APPL. PA -99-13
Ping. 1.
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.
2.
Street address shall be displayed on the fascia adjacent to the main
entrance or front door in a manner visible from the public street.
Numerals shall be a Minimum 6" in height with not less than %"
stroke and shall contrast sharply with the background.
3.
The use shall be conducted as described in the staff report and the
applicant's written description dated February 16, 1999, with a
reduction in the maximum occupancy to 7 residents, plus up to
two residential managers.
4.
Twenty-four hour, on-site management shall continue to be provided.
5.
It shall be the property owner's responsibility to file with the Code
Enforcement Office the current name, address and telephone
number of the property manager and owner, and to ensure that
this information is kept current at all times. This condition shall be
completed within 60 days of Planning Commission action.
6.
Approval is limited to a first step recovery facility; no
detoxification, individual or group counseling or individual recovery
treatment planning or education session related to drug and/or
alcohol abuse shall be provided. The establishment of any activity
that requires the facility to be licensed by any state agency shall
also require prior approval by the Planning Commission.
7.
The number of weekday (Monday through Friday) 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.
The number of weekend (Saturday arid Sunday) activities, events,
and meetings involving rnore than 6 people who are not residents
of the home shall not exceed 2 in one month. Barbecues shall be
restricted to once a month between the hours of 2:30 p.m. and
4:30 p.m.; Sunday meetings shall be restricted to 14 persons and
shall be held inside the home. Residents and non-residents
attending any meetings, activities, or other events shall not -be
charged a fee, nor shall a donation be solicited for attendance.
This condition shall not apply to random social visits with
individual residents.
Exhibit "B"
Resolution No. 99-79
Page 1 of 3
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APPL. PA -99-13
8.
The number of resident's vehicles parked on the site or on public
streets in the area shall not exceed nine (9). (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.)
9.
Except for garage sales as allowed per the City's Zoning
Ordinance, all on-site parking spaces, both covered and uncovered,
including driveways, shall be available at all times for vehicle
parking and shall not be used for meetings, recreation, or any other
use which at any time will preclude automobile parking. The
furniture and other miscellaneous items shall be removed from the
garage.
10.
With the concurrence of the adjacent property owner, a six-foot
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.
11.
Each dwelling unit shall have no more than one mail box and no
more than one meter for each utility.
12.
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.
13.
The property shall be maintained in accordance with landscape
maintenance requirements contained in Costa Mesa Municipal Code
Section 13-108.
Police 14.
The attached list of security recommendations is provided by the
Police Department for the applicant's consideration.
15.
The applicant shall notify neighbors located on Bay and Buoy
Streets of large events taking place at the facility.
16.
There shall be no parking on the sidewalk.
17.
The conditional use permit herein approved is not valid until a
notarized signature is received from the property owner. As part of
the document containing the notarized signature, the property
owner shall certify that she has read, understands and
acknowledges the final City Council action, including the resolution
and conditions. This condition shall be satisfied within 80 days of
City Council action.
18.
City Council recommends that a community member be added to
the board of directors.
19.
Open AA meetings held on the site shall not be publized.
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Exhibit "B"
Resolution No. 99-79
Page 2 of 3
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CODE REQUIREMENTS
APPL. PA -99-13
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.
Any signage shall comply with the requirements of the City's Sign
Code.
Bldg. 2.
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 facility accepts any non-
ambulatory residents.
Fire 3.
Contact Fire Prevention at (714) 754-5128 for possible
requirements for this facility.
Trans 4.
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.
Exhibit "B"
Resolution No. 99-79
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