HomeMy WebLinkAbout10 - PH-1 - Presentation - 10/15/2019APPEAL OF PLANNING
COMMISSION’S DENIAL
OF SPECIAL USE
PERMIT SL-16-0014
2412 Orange Avenue
CITY COUNCIL MEETING
October 15, 2019
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APPLICABLE LAWS
State and Federal Laws
• Federal Fair Housing Act Amendments
• California Fair Employment and Housing Act
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APPLICABLE LAWS
•Costa Mesa Zoning Code, Title 13 of the Costa Mesa Municipal Code
•Chapter XV, Group Homes
• Single-Family Zones
• SUP required to serve up to six residents; seven or more residents
prohibited in the single-family zone
• Separation Standard
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APPLICABLE LAWS
Applicant is required to comply with CMMC Section 13-311 (a)(1)
through (14) which includes, but is not limited to:
• Live-in house manager
• Compliance with Vehicle Code
• Safeguards for evicted tenants
• Required participation in legitimate recovery programs
• Adoption of house rules and policies that residents must adhere to
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APPLICATION DESCRIPTION
Appeal of Planning Commission’s denial of a Special Use Permit to operate a
sober living home:
• Operated by Mark Giddings as Fellowship House
• Operating since at least early 2015
• Property contains a five-bedroom single family residence, including a
two-car garage accessed by a curved driveway from Orange Avenue
• Eleven adults proposed – ten residents with one live-in manager
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APPLICATION HISTORY
•The applicant submitted Special Use Permit (SUP) application (SL-16-
0014) and Reasonable Accommodation applications concurrently on
December 9, 2016
•On April 21, 2017, the request for a Reasonable Accommodation (RA) to
allow 10 residents and a live in manager was denied by the Director of
Development Services
•The applicant did not file an appeal of the RA decision; therefore that
decision is final and is not being reviewed
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APPLICATION HISTORY
•On January 26, 2018, the Special Use Permit was denied by the
Director of Development Services
• The project did not comply with the requirements of the CMMC
including the required 650-foot separation from other group homes
•The applicant appealed that decision on February 2, 2018
•On July 8, 2019, the Planning Commission denied the Special Use
Permit because group homes serving seven or more are prohibited in
the R1 zone of the property
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VICINITY MAP
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ZONING MAP
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EXTERIOR ELEVATIONS
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SEPARATION MAP
The type of facilities depicted on the separation map are:
•State-licensed treatment facilities (6 or fewer persons) as these facilities are
permitted by right per State law. No permit from the City is required
•Sober living and state-licensed treatment facilities for which the City has
issued a CUP to serve more than 6 residents
•Sober living facilities serving up to six residents for which the City has issued
a Special Use Permit (SUP)
•Facilities citied for operating without a City permit
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SEPARATION MAP
One facility is operating without permits within the 650-foot
radius:
•2417 Orange Avenue
• State-licensed treatment facility
• Serves 22 residents
• Denied in August 2018 by City Council on appeal from
Planning Commission but use continues
• Active civil citation action
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SEPARATION MAP
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SPECIAL USE PERMIT
•Request:
• Group home serving up to 10 residents and one live-in
manager
• Located in existing single-family residence
• Property is zoned R1 (Single-family residential)
•Zoning Requirements:
• Group homes serving seven or more in the R1 zone are
prohibited.
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SPECIAL USE PERMIT
•Applicant requested approval for the 10 residents and one live-in
manager via a Reasonable Accommodation
•Reasonable Accommodation was denied because the Director could not
make the necessary findings; applicant did not appeal the decision
•Without the Reasonable Accommodation, the Special Use Permit cannot
be approved since group homes serving seven or more persons are
prohibited in the R1 zone
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RECOMMENDATION
Staff recommends that the City Council uphold the Planning Commission’s decision and deny Special Use Permit SL-16-0014
APPEAL OF PLANNING
COMMISSION’S DENIAL
OF SPECIAL USE
PERMIT SL-16-0014
2412 Orange Avenue
October 15, 2019