HomeMy WebLinkAbout18-10 - SL-15-10 Denial, 783 Hudson Ave. - Sober Living HomeRESOLUTION NO. 18-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF AN
APPEAL REGARDING THE DENIAL OF SPECIAL USE PERMIT SL -15-0010 TO
OPERATE A SOBER LIVING HOME SERVING SIX OR FEWER OCCUPANTS AT 783
HUDSON AVENUE
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, SoCal Recovery (the "Applicant') operates a sober living home
serving six males at 783 Hudson Avenue, Costa Mesa; 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
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
Resolution No. 18-10 Page 1 of 4
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 -15-0010 with the
City's Development Services Department to operate a group home with six or fewer
residents in an R1 zone; and
WHEREAS, there is an exisiting state -licensed drug and alcohol recovery facility
serving six or fewer residents located at 13741 Olympic Avenue, which is approximately
409 feet from the subject property; 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 special use permit based upon the criterion established in
Section 13-311(b)(6)(iii) of the Costa Mesa Municipal Code; and
WHEREAS, a Director's Hearing was conducted by the Zoning Administrator as
the Director's designee on November 14, 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 applicant made a verbal request during the Hearing for a
reasonable accommodation and to recalculate the distance between the subject property
and the nearby state -licensed facility; but the applicant never provided a calculation or a
written application, as required by the Municipal Code, despite the fact that the Zoning
Administrator waited more than five months to issue a decision; and
WHEREAS, the Zoning Administrator provided a written notice to the applicant
denying the special use permit on April 27, 2017; and
WHEREAS, the applicant appealed the denial of the application in a timely
manner; and
WHEREAS, on October 9, 2017, the Planning Commission considered the appeal
of the Zoning Administrator's determination at a 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 5-0 vote to uphold the Director's denial of the SUP; and
WHEREAS, the applicant appealed the decision of the Planning Commission to
deny this application in a timely manner; and
Resolution No. 18-10 Page 2 of 4
WHEREAS, on February 20, 2018, 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 of or in opposition to the application.
NOW THEREFORE, the City Council of the City of Costa Mesa finds and
resolves as follows:
The facility located at 783 Hudson Avenue (the "Property") is a sober living home.
Section 13-311 of the CMMC sets forth the required findings to be used in the
determination to approve or deny a SUP. There is a state -licensed alcoholism and drug
treatment facility located at 13741 Olympic Avenue, which is approximately 409 feet from
the subject property. Pursuant to CMMC section 13-311(b)(6) in effect at the time action
was taken on the application, the SUP was denied upon a hearing of the Director. This
decision was appealed to the Planning Commission.
At its meeting of October 9, 2017, the Planning Commission voted unanimously to
uphold the Director's decision to deny Special Use Permit SL -15-10.
BE IT RESOLVED, therefore, that based on the evidence in the record and the
findings contained in this resolution, the City Council hereby UPHOLDS THE PLANNING
COMMISSION'S DENIAL of Special Use Permit SL -15-0010 to operate a sober living
home at 783 Hudson Avenue.
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.
PASSED AND ADOPTED this 20th day of February, 2018.
Sandra L. Genis, Mayor
ATTEST:
4ck E4fil/L
Brenda Green, ity Clerk
APPROVED AS TO FORM:
Thomas Dua e, dity Attorney
Resolution No. 18-10 Page 3 of 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City Council of the City of Costa Mesa, DO
HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 18-10
and was duly passed and adopted by the City Council of the City of Costa Mesa at a
regular meeting held on the 20th day of February, 2018, by the following roll call vote, to
wit:
AYES: COUNCIL MEMBERS: Foley, Righeimer, Stephens, Mansoor, Genis
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 21St day of February, 2018.
&,.dn✓t_ DaQAk
Brenda GreeIJ, City Clerk
Resolution No. 18-10 Page 4 of 4