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HomeMy WebLinkAboutSR - APP-0538-15 - PART 1 DENIAL REASONABLE ACCOMMODATION7y a �.•. +p„g,.. lye' AGENDA ITEM January 12, 2016 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto City Manager FROM: William Crouch Community Develo ment Director ReviewedNerified City Manager Finance Directo -�, To Be Presented By: Chad OrtliebG _ p Cons Calendar _ City Mgr Rpts Council Reports Legal Affairs Boards /Cmtes X Public Hrgs Admin Reports Plan /Environ 1. SUBJECT APPEAL 0538 -15 OF THE PLANNING COMMISSION DECISION TO UPHOLD THE COMMUNITY DEVELOPMENT DIRECTOR'S DENIAL OF REASONABLE ACCOMMODATION 0003 -14, NEWPORT ACADEMY, 1655 HUNTERS WAY 2. SUMMARY On September 29, 2014, the Community Development Director (CDD) denied a request for Reasonable Accommodation 0003 -14, a request to permit an additional six residents to reside at the Newport Academy residence located at 1655 Hunters Way, for a total of 12 residents. Newport Academy provides drug and alcohol recovery services to adolescent boys at this residence. The applicant appealed the CDD decision to the Planning Commission and on February 2, 2015, the Planning Commission denied the appeal thereby, upholding the CDD denial of the request. The applicant appealed the Planning Commission decision to the City Council. 3. RECOMMENDATION Motion on appeal. 4. FISCAL IMPACT Potential increase in Police Department and Code Enforcement staff calls for service to the site if the request is approved. 5. STRATEGIC PLAN GOAL(S) Id. Provide for a safe community; assure the development of the City occurs in a fashion that maximizes public safety. ITEM 1I - R 1 1/12/16 6. GENERAL PLAN IMPLEMENTATION The staff - recommended action implements the following General Plan Goals and Policies: Land Use Element Policy 1.2 Balance economic gains from new development while preserving the character and densities of residential neighborhoods. Policy 1.6 Minimize effects of new development on the privacy and character of surrounding neighborhoods. GOAL 8.0 Encourage active involvement of residents, businesses, and agencies in the planning and decision making process. Policy 8.1 Continue to provide opportunities for public education and involvement in land use planning decisions through public hearings, community meetings, study sessions, electronic media, and any other appropriate and available means. Public Safety Element Policy 6.2 Provide resources for additional police services as needed to maintain average response times. 7. DISCUSSION and BACKGROUND Newport Academy currently operates a state - licensed group home for up to six adolescent boys at 1655 Hunters Way (Attachment 16). The existing primary residence has four bedrooms which currently serve the six residents. The state requires cities to allow -state licensed group homes serving six or fewer disabled individuals in residential zones. Recovery from drug and alcohol dependency is defined by the state as a disability. The site has, and would continue to utilize, 24 -hour oversight staff on multiple staffing shifts. Staff for the group home could include a variety of house managers, counselors, psychologists, food preparation staff, and site maintenance staff. Additionally, the group home has family participation, visiting days, and milestone ceremonies (Attachment 18). Site parking is currently served by a three car garage, on -site driveway area and, on- street parking. Four buildings exist on -site as follows: 1. A 2,600 square foot single -story main residence 2. A garage with a 636 square foot accessory second dwelling unit above it ITEM 2 1/12/16 3. A 1,128 square foot recreation room 4. A prefabricated storage building Group homes with more than six persons are subject to the zoning requirements of the City. The Orange Municipal Code (OMC) does not allow group homes with more than six persons in single - family residential zones, with or without a state license. The applicant requests to permit twelve residents to reside at the Newport Academy residence located at 1655 Hunters Way. A Reasonable Accommodation application was applied for and, on September 29, 2014, the Community Development Director (CDD) denied the request based on the findings stated in the CDD Attachment 9 letter. A summary of the findings is as follows: 1. No evidence has been presented that this accommodation is necessary for any particular disabled individual. 2. Newport Academy has generated past police calls for service. Calls for service may be expected to increase and may be an unreasonable additional burden on the City. 3. The requested accommodation is a dramatic departure from the City's zoning code. Initially, the Orange Municipal Code limits the number of individual rental agreements in single family homes to two. A dwelling unit with three or more separate rental agreements is considered a boarding house and not allowed in the R -1 -40 zone or any single - family zone. Boarding houses are permitted in multi - family neighborhoods with a conditional use permit. The requested accommodation for 12 tenants is six times the number allowed for the non - disabled in the R -1 -40 zone. Although the size of the property can physically fit more individuals, the fact remains the zoning use is single family, and without the accommodation this would be a boarding house. 4. The Zoning Ordinance would not limit the number of disabled individuals residing together as long as they met the definition of "family" or "single- housekeeping unit" and thus, in that regard, the Zoning Ordinance treats the disabled in the same way it treats the non- disabled. The City defines a single- housekeeping unit as: "An attached or detached building not to contain more than one kitchen wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit." The use proposed does not meet the definition of family or single housekeeping unit and would fundamentally alter the City's zoning scheme. ITEM 3 1/12/16 5. The City has received complaints from Newport Academy neighbors. The complaints, coupled with police calls for service, make it difficult to state that the accommodation will not result in a direct threat to the health and safety of other individuals or physical damage to the property of others. On October 3, 2014, Newport Academy appealed the CDD denial to the Planning Commission citing the reasons in the Attachment 10 letter. On February 2, 2014, the Planning Commission denied the appeal thereby, upholding the CDD denial of the request. Hence, the subject appeal to the City Council was initially requested on February 9, 2015, (Attachment 2) with a formal appeal application submitted on March 23, 2015 (Attachment 3). The applicant seeks a "reasonable accommodation" in the form of relief /deviation from the restrictions imposed by the Orange Municipal Code which limits licensed group homes to six or fewer persons and considers homes with more than six persons as a boarding house, which is not a permitted use in the zone where the property is located. Pursuant to state and federal housing law, cities need to offer a reasonable accommodation process for individuals with one or more disability an equal opportunity to use and enjoy a dwelling. However, as outlined beginning on page 6 of Attachment 1, the Planning Commission staff report, there are findings that need to be met in order to grant a reasonable accommodation. Furthermore, the Orange Municipal Code authorizes the consideration of additional factors as stated in the Planning Commission staff report, beginning on page 11. The Planning Commission staff report details the reasons why the Community Development Director and the Planning Commission denied the request. As an update to Attachment 7, which includes Police Department call data for the project site, a total of 44 calls for Police service to the site have occurred since July, 2011. A total of 7 Police calls have occurred to the site in 2015, to date. There have been a total of 4 Fire Department calls for service to the site since 2011, none have occurred in 2015. 8. APPEAL The applicant submitted an appeal letter of the Planning Commission decision on February 9, 2015, with a formal application following on March 23, 2015. The Appellant requested an extended period of time after filing the appeal in order to hold community outreach meetings. Quoting the appeal application, the basis of the appeal is "Given the services provided by Appellant, the denial of a reasonable accomodation prevents Appellant from expanding its community service. Furthermore, the objections presented are speculative and based primarily on heresay and innuendo." Public comments received at the Planning Commission meeting include allegations of the following issues occurring from the operation of Newport Academy: • Excessive parking restricting narrow streets from Newport Academy staff and visitors, including parking along blind turns ITEM 4 1/12/16 • Delivery vehicle and/or bus parking providing partial street blockage and eliminating emergency vehicle passage to the only entry point to the tract • Traffic • Waste and refuse concentrations enticing vermin and wildlife • Alteration of the low- density zoning scheme • Loitering • Litter • Exceeding speed limits • Lack of infrastructure to handle the use • Increased police presence • Worries of at -risk youth wandering the neighborhood • Appearance /operation of a commercial use in a residential zone • Noise in general, including late night noise from altercations within Newport Academy • Vehicular damage to property by staff or guests to the facility • Risk of fire caused by tenants or staff smoking around the property perimeter • Importing of clients to use the facility for counseling sessions • Amending of current deed restrictions intended to protect the neighborhood Staff has analyzed the applicant's appeal explanation and has concluded that the appeal basis does not change the findings of staff, the Community Development Director, or the Planning Commission. 9. ATTACHMENTS Attachments to Report: 1. Vicinity Map 2. Newport Academy Appeal letter dated February 9, 2015 3. Newport Academy Appeal Application received March 23, 1015 4. Planning Commission Staff Report with draft Planning Commission Resolution No. 37 -14 dated February 2, 2015 (same as staff report for December 15, 2015, minus any new public correspondence attachments) 5. Planning Commission Resolution No. 37 -14 6. Planning Commission meeting minutes dated December 15, 2014 7. Planning Commission memo dated January 19, 2015 8. Planning Commission meeting minutes dated February 2, 2015 9. CDD Reasonable Accommodation denial letter dated September 29, 2014 10. Newport Academy appeal letter date stamped October 3, 2014 11. Site Photos 12. Facility Rules and Regulations 13. Written Intake Procedures 14. Relapse Policy ITEM 5 1/12/16 15. Evaluation Process to Determine Disability 16. State of California, Department of Social Services Group Home License 17. Applicant letter dated October 8, 2014 18. Newport Academy Website Excerpts 19. Wilderness East Homeowners Association Letter dated August 18, 2014 20. Orange Park Acres Association Letter dated September 22, 2014 21. Applicant Letter dated January 7, 2015 22. Public Comments Exhibits: A. Submitted Plans and Exhibits date stamped December 8, 2015 cc: Phillip Barry Greer 1300 Bristol Street North, Suite 100 Newport Beach, CA 92660 Via Electronic Mail: surflaw e ,aol.com ITEM 6 1/12/16