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HomeMy WebLinkAboutAppeal of the Planning Commission's Denial of Administrative '"'' 2000 Main Street, k'--- •-•4/ Huntington Beach,CA ° F s. 8 o: _,f = 9Q City of Huntington Beach 9 64 biiR �s\; APPEAL DENIED h APPROVED 7-0 File #: 23-995 MEETING DATE: 11/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Jennifer Villasenor, Acting Director of Community Development PREPARED BY: Hayden Beckman, Senior Planner Subject: Appeal of the Planning Commission's denial of Administrative Permit No. 22-015 (Legacy Living LLC Sober Living Reasonable Accommodation) - Continued from November 7, 2023 Statement of Issue: City Council is requested to consider Dylan Walker and Michael Garrett's appeal of the Planning Commission's denial of Administrative Permit No. 22-015. Their permit application requests to provide reasonable accommodation to the operator of a sober living home on a property that is located within 1,000 linear feet of another group home or State-licensed residential care facility. The Planning Commission held a public hearing on July 11, 2023 and unanimously voted to deny the application with findings for denial. On July 21, 2023, Mr. Walker and Mr. Garrett appealed the Planning Commission's action citing multiple reasons outlined in the appeal letter (Attachment No. 2). Financial Impact: Not Applicable. Recommended Action: Deny the appeal and uphold the Planning Commission's denial of Administrative Permit No. 22-015 with findings of denial (Attachment No. 1). Alternative Action(s): A) Find the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, uphold the appeal of the Planning Commission's denial of Administrative Permit No. 22-015, and make findings and conditions of approval pursuant to Chapter 17.77.050 of the Huntington Beach Municipal Code. B) Continue Administrative Permit No. 22-015, and direct staff accordingly. Analysis: City of Huntington Beach Page 1 of 5 Printed on 11/15/2023 powered by LegistarTM File #: 23-995 MEETING DATE: 11/21/2023 A. REASONABLE ACCOMMODATION REQUEST In October 2020, the City Council adopted five Ordinances establishing regulations for the operation of group homes, a land use classification that includes sober living homes. Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 230.28 Group Homes require the ministerial approval of a Special Use Permit (SUP) for any group home or sober living home serving no more than 6 persons to operate in the City's residential areas, subject to operation requirements and a minimum 1,000 linear feet buffer from other sober living homes, state-licensed alcoholism or drug abuse recovery or treatment facilities (Residential Care Facilities). A disabled applicant may seek an exception to the strict application of HBZSO Section 230.28 via a Reasonable Accommodation Request. The Reasonable Accommodation Request must set forth specific reasons as to why an exception to the HBZSO is required per Huntington Beach Municipal Code (HBMC) Section 17.77 Reasonable Accommodation Procedures. Chapter 17.77 of the HBMC currently provides procedures and necessary findings for approval of requests for reasonable accommodation. The HBMC identifies that any person may request reasonable accommodation to modify a zoning or building standard, regulation, policy, or procedure as may be necessary to afford the disabled individual equal opportunity to the use and enjoyment of their dwelling. A Reasonable Accommodation Request itself does not require submittal of a variance request, because these requests are made on behalf of persons who are legally considered disabled. In this case, the population served by the operation of a sober living home is considered disabled under State and Federal law, and thus a request for reasonable accommodation would apply to operators that do not comply with the current applicable buffer distance requirement. However, for a Reasonable Accommodation Request to be granted, it must meet all the findings pursuant to HBMC Section 17.77.050. B. REASONS FOR APPEAL The Planning Commission's action on Administrative Permit No. 22-015 was appealed by the property owner, Mr. Walker, and the sober living home's operator, Mr. Garrett, for reasons cited in an appeal letter received and dated July 21, 2023 (Attachment No. 2). The reasons for the appeal are listed below in italics with analysis from staff: 1) The City subjected the dwelling at 9452 Castlegate Drive, Huntington Beach, to municipal regulations, HBZSO 230.28 that violate state statutes, Cal. Govt. Code §§ 65008, 12955(1), 11135, 8899.50, and related federal statues, including the Fair Housing Act and Americans with Disabilities Act; HBZSO Chapter 230.28 was adopted by the City Council in 2020 to provide greater consistency with state and federal statutes. In accordance with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, HBMC Chapter 17.77 provides disabled persons policies and procedures for reasonable accommodations to ensure equal access to housing. Further, all residentially zoned City of Huntington Beach Page 2 of 5 Printed on 11/15/2023 powered by LegistarTM File #: 23-995 MEETING DATE: 11/21/2023 properties are under the same regulations, and the appellant has not provided any evidence to support this claim. 2) The City failed or refused to engage in an interactive process, as required under the Fair Employment and Housing Act or the Fair Housing Act prior to denying the applicant's request for reasonable accommodation; City records show that the subject request for Administrative Permit No. 2022-015 was filed on November 17, 2022, and subsequently deemed incomplete on December 15, 2022. An application was filed for a SUP at the subject property on December 20, 2022, and later withdrawn and deemed void and unnecessary given the Administrative Permit on file. The appellant was in continued communication with City staff regarding the status of the application, as well as clearing up the confusion of which application would be accepted for processing, given the fact that the subject property is not a candidate for ministerial approval of a SUP. At no time in the timeline of communications between staff and the appellant was there a failure or refusal to engage in an interactive process. Staff was accessible and assisted the appellant with proper filings to request reasonable accommodation. 3) The second Findings for Denial in the Planning Commission's Notice of Action misconstrued and misapplied the necessity standard under HBMC 17.77.050(D) and under state and federal housing laws; A reasonable accommodation must not result in the fundamental alteration in the City's zoning program. Factors the City may consider in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program include, but are not limited to: (1) Whether the requested accommodation would fundamentally alter the character of the neighborhood; (2) Whether granting the requested accommodation would substantially undermine any express purpose of either the City's zoning programs; AND (3) Whether the requested accommodation would create an institutionalized environment due to the number and distance between facilities that are similar in nature or operation. The zoning code forbids the operation of two or more sober living homes operating within 1000 feet of one another to avoid the clustering of these homes, which would create an institutionalized setting and drastically change the residential character of the residential neighborhood. The City seeks to ensure that disabled persons recovering from addiction City of Huntington Beach Page 3 of 5 Printed on 11/15/2023 powered by LegistarTM File #: 23-995 MEETING DATE: 11/21/2023 can reside in a comfortable residential environment versus in an institutional setting. Each reasonable accommodation request requires an analysis of the facts to see if an approval of the request would result in the fundamental alteration. Here, the subject sober living home is only 60 linear feet from another sober living home. The distance between the homes is so minimal that it does not provide the disabled resident with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. Because the distance between the homes is so minimal, the request would result in an overconcentration; furthermore, accommodation would require a fundamental alteration to the nature of the City's zoning laws and programs. Thus, the requested accommodation would result in a fundamental alteration in the nature of the City's zoning program, as fundamental alteration is defined in Fair Housing Laws and interpretive case law. 4) The Planning Commission erred in failing or refusing to classify the use of the dwelling at 9452 Castlegate Drive as a "Single Housekeeping Unit"or"Supportive Housing'; The onus is on the applicant/appellant to demonstrate to the City how the subject operation is either a Single Housekeeping Unit (SHU) or Supportive Housing (SH) land use. As such, the appellant has not provided any evidence to support the claim that they should be classified as a SHU or SH, and the application form for both the SUP and subject Administrative Permit identifies the subject operation as "sober living home". Further, the activities and features of the home do not meet the HBZSO definition of a SHU; Single Housekeeping Units are meant to have residents who are "stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a non-profit basis." Those features are not present here and no evidence has been given showing that the sober living home is operating on a non-profit basis with stable, non-transient residents. 5) The retroactive application of the City's municipal regulations, HBZSO 230.28 to the dwelling at 9452 Castlegate Drive is inconsistent with state law and the City's treatment of nonconforming uses; and Retroactive application of the HBZSO is legal implementation of an adopted ordinance. HBMC Chapter 17.77 provides an administrative process for considering nonconforming land uses or standards for persons considered'disabled. The City's treatment of the subject property as a nonconforming use is consistent with applicable findings. 6) Even the City's regulation were valid (sic), the records before the Planning Commission does not support the denial of applicant's request for reasonable accommodation. The City's adopted regulations were and remain valid. Staff has provided sufficient evidence to recommend findings for denial of the subject Reasonable Accommodation request. City of Huntington Beach Page 4 of 5 Printed on 11/15/2023 powered by LegistarTM File #: 23-995 MEETING DATE: 11/21/2023 Environmental Status: Pursuant to Section 15270 of the CEQA Guidelines, CEQA does not apply to projects which a public agency rejects or disapproves. Further, if the City Council approves the appellant's request, action on Administrative Permit No. 22-015 is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15031 Existing Facilities of the CEQA Guidelines, in that the project involves no expansion of an existing use. Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. Suggested Findings for Denial 2. Appeal Letter received and dated July 21, 2023 3. Planning Commission Staff Report dated July 11, 2023 4. Presentation City of Huntington Beach Page 5 of 5 Printed on 11/15/2023 powered by LegistarTM City Council/ Public Financing Authority ACTION AGENDA November 21, 2023 B) Approve the budget appropriation of $2,100,000 from the Measure M (213) undesignated fund balance to a new account to be created under Finance Department guidelines; and C) Authorize the Director of Public Works to approve up to a 15% contingency in potential construction change orders; and D) Authorize the Mayor and City Clerk to execute a construction contract with Beador Construction Company, Inc. in a form approved by the City Attorney. Approved 7-0 ADMINISTRATIVE PUBLIC HEARING 17. 23-995 Denied appeal of the Planning Commission's denial of Administrative Permit No. 22-015 (Legacy Living LLC Sober Living Reasonable Accommodation) - Continued from November 7, 2023 Recommended Action: Deny the appeal and uphold the Planning Commission's denial of Administrative Permit No. 22- 015 with findings of denial (Attachment No. 1). Approved 7-0 Supplemental Communication (1) Speaker(1) ADMINISTRATIVE ITEMS 18. 23-1017 Approved Resolution No. 2023-60 and Amendment No. 1 to Employment Agreement with Eric G. Parra - Interim City Manager/Police Chief Recommended Action: A) Approve Amendment No. 1 to the Employment Agreement between the City of Huntington Beach and Eric G. Parra; and B) Approve Resolution No. 2023-60, "A Resolution of the City Council of the City of Huntington Beach Amending the Non-Associated Employees Pay and Benefits Resolution (Exhibit 1A) Non-Associated Appointed Executive Management Salary Schedule" to create the Interim City Manager/Police Chief classification and salary range. Approved 7-0 Page 7 of 8 ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR ADMINISTRATIVE PERMIT NO. 22-016: 1. The City recognizes that the housing that is the subject of the request for reasonable accommodation will be used by individuals protected under the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act. 2. The City Council finds that the request is not necessary to make such housing available to disabled individuals, as defined by state or federal law. To date, the City has approved six Special Use Permits for sober living facilities that comply with the regulations of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and upon full implementation of the requirements of the HBZSO, many more will also be available on properties that received City approval to operate. Furthermore, an online search and contact of advertising facilities identifies that multiple sober living beds are currently available for disabled persons within the City. Therefore, the request for reasonable accommodation is not necessary to make such housing available to a disabled individual, as defined by state or federal law. 3. The City Council finds the requested reasonable accommodation will not impose an undue financial or administrative burden on the City. 4. The City Council finds the reasonable accommodation would require a fundamental alteration to the nature of a City program or to the City's zoning or building laws, policies, or procedures because the operation of the subject sober living home is within the minimum one thousand (1000) foot buffer from an operating Group Home, Sober Living Home, or Residential Care Facility, as classified by the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The City seeks to ensure that disabled persons recovering from addiction can reside in a comfortable residential environment versus in an institutional setting. The subject sober living home is in such close proximity (60 linear feet) that it does not provide the disabled resident with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. As such, the request would result in an overconcentration, and accommodation would require a fundamental alteration to the nature of the City's zoning laws and modification of the policy intent behind regulation. Notice of Appeal to the City 2touncil fit' II: 55 ciTY CLERK CITY OF s-t To the City Clerk of the City of Huntington Beach: 1. Notice of Appeal: Pursuant to Section 248.20. of the Zoning and Subdivision Code of the City of Huntington Beach, Legacy Living LLC hereby appeals the decision of the Planning Commission in File #23-553 denying administrative permit#22-015 (request for reasonable accommodation re dwelling at 9452 Castlegate Drive, Huntington Beach, CA 92646) to the City Council. A copy of the determination from which Legacy appeals is attached hereto. 2. Persons Appealing: • Dylan Walker, property owner, PO Box 2320, Costa Mesa CA 92628; and, • Michael Garrett, Legacy Living, authorized representative, PO Box 3911, Huntington Beach CA 92605. 3. Attorney Representatives: • Garrett Prybylo, Seyfnia & Prybylo, LLP, 633 West 5th Street, Suite 2600, Los Angeles, California 90071; Tel: (213) 770-4529; email: • gprybylo@splawllp.com; and, • Christopher Branart, Brancart& Brancart, PO Box 686, Pescadero, CA 94060 (650) 879-0141; email: cbrancart@brancart.com. 4. Grounds for Appeal: The grounds for appeal include but are not limited to the following: • The City subjected the dwelling at 9452 Castlegate Dr., Huntington Beach, to municipal regulations, HBZSO 230.28 that violate state statutes, Cal. Govt. Code §§ 65008, 12955(1), 11135, 8899.50, and related federal statutes,including the Fair Housing Act and Americans with Disabilities Act; • The City failed or refused to engage in an interactive process, as -1- required under the Fair Employment and Housing Act or the Fair Housing Act prior to denying applicant's request for reasonable accommodation; • The second Finding for Denial in the Planning Commission's Notice of Action misconstrued and misapplied the necessity standard under HBMC17.77.050(B) and under state and federal fair housing laws; • The fourth Finding for Denial in the Planning Commission's Notice of Action misconstrued and misapplied the fundamental alternation standard under HBMC 17.77.050(D) and under state and federal fair housing laws; • The Planning Commission erred in failing or refusing to classify the use of the dwelling at 9452 Castlegate Drive as a "Single Housekeep Unit" or "Supportive Housing;" • The retroactive application of the City's municipal regulations, HBZSO 230.28.to the dwelling at 9452 Castlegate Drive is inconsistent with state law and the City's treatment of nonconforming uses; and, • Even the City's regulation were valid, the records before the Planning Commission does not support the denial of applicant's request for reasonable accommodation. 5. Appeal Fee. Applicant-appellant tenders with this notice of appeal a check made payable to the City of Huntington Beach in the sum of$2,855.00. * * * Timely delivered to the Clerk of the City of Huntington Beach on Friday, July 21, 2023. /s/Mic ael Garr tt�N Michael Garrett, Authorized Representative -2- =': AA '''it '':` Huntington Beach Planning Commission , Il�,,A' j t 2000 MAIN STREET CALIFORNIA 92648 ,. NOTICE OF ACTION July 12, 2023 Michael Garrett PO Box 3911 Huntington Beach CA 92605 SUBJECT: ADMINISTRATIVE PERMIT NO. 22-015 (LEGACY LIVING LLC SOBER LIVING REASONABLE ACCOMMODATION) APPLICANT: Michael Garrett, PO Box 3911, Huntington Beach CA 92605 PROPERTY OWNER: Dylan Walker, P.O. Box 2320, Costa Mesa CA 92628 • REQUEST: To provide Reasonable Accommodation to the operator of a sober living home requesting to operate on a property that is located within 1000 linear feet of another group home or State-licensed residential care facility. LOCATION: 9452 Castlegate Drive, 92646 (Southside of Castlegate Drive, west of Bushard Street) DATE OF ACTION: July 11, 2023 On Tuesday, July 11, 2023, the Huntington Beach Planning Commission took action on your application, and your application was denied with findings. Attached to this letter are the findings for denial. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar clays of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand, Eight Hundred and Fifty-Five Dollars ($2,855.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Four Thousand, Five Hundred and Eighty-Two Dollars ($4,582.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is Friday,July 21, 2023,at 5:00 PM. Excepting those actions commenced pursuant to the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Phone 714-536-5271 Fax 714-374-1540 www.surfclty-hb.org -3- Notice of Action:AP 22-015 July 12,2023 Page 2 Notice, you will be legally barred from later challenging such action pursuant to Government Code§66020. If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Hayden Beckman, the project planner, at (714) 536-5561 or via email at hayden.beckman@surfcity-hb.org, or the Community Development Department at (714) 536-5271. Sincerely, Ursula Luna-Reynosa, Secretary Planning Commission By , oLuf Matthew • neider, Planning Manager ULR:MS:HB:kdc Attachment Findings For Denial—AP 22-015 c: Honorable Mayor and City Council Chair and Planning Commission Al Zelinka, City Manager Ursula Luna-Reynosa, Director of Community Development Tim Andre, Fire Division Chief Mike Vigliotta, Chief Assistant City Attorney Bob Milani, Principal Civil Engineer Jasmine Daley, Building Manager Hayden Beckman, Senior Planner Property Owner Project File -4- 1 ATTACHMENT NO.1 FINDINGS FOR DENIAL ADMINISTRATIVE PERMIT NO.22-015 FINDINGS FOR ADMINISTRATIVE PERMIT NO.22-015: 1. The City recognizes that the housing that is the subject of the request for reasonable accommodation will be used by individuals protected under the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act. 2. The Planning Commission finds that the request is not necessary to make such housing available to disabled individuals, as defined by state or federal law. To date, the City has approved six Special Use Permits for sober living facilities that comply with the regulations of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and upon full implementation of the requirements of the HBZSO, many more will also be available on properties that received City approval to operate. Furthermore, an online search and contact of advertising facilities identifies that multiple sober living beds are currently available for disabled persons within the City. Therefore, the request for reasonable accommodation is not necessary to make such housing available to a disabled individual, as defined by state or federal law. 3. The Planning Commission finds the requested reasonable accommodation will not impose an undue financial or administrative burden on the City. 4. The Planning Commission finds the reasonable accommodation would require a fundamental alteration to the nature of a City program or to the City's zoning or building laws, policies, or procedures because the operation of the subject sober living home is within the minimum one thousand(1000)foot buffer from an operating Group Home, Sober Living Home, or Residential Care Facility, as classified by the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The City seeks to ensure that disabled persons recovering from addiction can reside in a comfortable residential environment versus in an institutional setting. The subject sober living home is in such close proximity(60 linear feet) that it does not provide the disabled resident with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. As such, the request would result in an overconcentration, and accommodation would require a fundamental alteration to the nature of the City's zoning laws and modification of the policy intent behind regulation. G:IPC111OA123\071123 AP 22-015(Legacy Living Sober Facility) Attachment 1.1 -5- �° ,�� CASH RECEIPT o U •.- � CITY OF HUNTINGTON-.BEACHF sad:. •`;9 P.O BOX711 " • Q: HUNTINGTON BEACH C UNTY `� �www,hgntingto�.� U �p t nbeaclica gov/payments DATE , Issuing Dept d i�a {. Dept.Phone#`` F .` t F-UNDS RECEIVED FROM `# r t# '`�t -` ,t° i 1,4 ADDRESS d\: Phone# - ``$ ma` f�fr ° - AMOUNT RECEIVED C7,Cash <Check#° $4 0 Credit Cerd t j Prepared Received. ~ " Finance B`y,. ay• _ Approval IF OBJECT=50000 THRU 90000,FINANCE APPROVAL,REQUIRED' Approval„Date; Business Unite ]' ,'Object Subs Sufi Ledger . .u)Type a, • TOTAL Stamped Validation Only • Please do'not write in the'bok below a q K i g / t- I kk Of)z ' i Iyx ya y x r • NO-1 3 } ISSUING DEF+t RTdV1ENT COPY • 0207 LEGACY LIVING HOMES LLC 10311 MONITOR DR HUNTINGTON BEACH,CA 92646-3757 7143360450 7 ITh I 'C)•3 90-7162/3222 t� CA r. (- IA ge..aan ► $ 2$55400 r PTOOLWOP � \ rip d b 1—W p ! ' 101)S CLIV �t�/ J I CC f J cI y ' �i ll-e (Q DOLLARS el a. CHASE C. JPMorgan Chase Bank,NA. c13 FOR f ppec l a we -071( 1\)Ig • 2 2'-o i 5 CVAm 000020711' 1: 32227 LEI 271: 76902775.30g • . p I. PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Ursula Luna-Reynosa, Director of Community Development BY: Hayden Beckman, Senior Planner] SUBJECT: 416 (ADMINISTRATIVE PERMIT NO. 22-015 (LEGACY LIVING LLC SOBER LIVING REASONABLE ACCOMMODATION) REQUEST: [To provide Reasonable Accommodation to the operator of a sober living home requesting to operate on a property that is located within 1000 linear feet of another group home or State-licensed residential care facility. LOCATION: 9452 Castlegate Drive, 92646 (Southside of Castlegate Drive, west of Bushard Street) COO, APPLICANT: Michael Garrett, PO Box 3911, Huntington Beach CA 926051 PROPERTY OWNER: Dylan Walker, P.O. Box 2320, Costa Mesa CA 92628 RECOMMENDATION: renornrnendat That the Planning Commission take the following actions: A) Deny Administrative Permit No. 22-015 with suggested findings for denial. ero ALTERNATIVE ACTION(S): A) Continue Administrative Permit No. 22-015 and direct staff to return with findings for approval. B) Continue Administrative Permit No. 22-015 and direct staff accordingly. PROJECT PROPOSAL: The applicant is seeking a reasonable accommodation request to obtain approval to operate a sober living home on a property that is located approximately 60 feet from an existing elderly Group Home, which does not comply with the required 1,000 ft. buffer requirement between group homes, including sober living homes, or licensed Residential Care Facilities. (Background: In October 2020, the City Council adopted five Ordinances which amended multiple sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and Huntington Beach Municipal Code (HBMC) to collectively establish regulations for the operation of group homes, a land use classification which includes sober living homes, in the City's residential districts. Regulations set forth in Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 230.28 Group Homes require the ministerial approval of a Special Use Permit (SUP) for any group home or sober living home serving no more than 6 persons to operate in the City's residential areas, subject to operation requirements and a minimum 1,000 linear foot buffer from other sober living homes or state licensed alcoholism or drug abuse recovery or treatment facilities (Residential Care Facilities). Special Use Permit In November 2022, and in accordance with the procedures established in HBZSO Section 230.28 Group Homes, the applicant filed a request for Special Use Permit (SUP) No. 22- 012 to permit the operation of an existing sober living home on the subject property that would serve 6 persons, not including an on-site house manager. Upon review, it was determined that the subject property was less than 1,000 linear feet from an existing elderly group home (Attachment No. 3) and thus not eligible to receive ministerial approval. Thus, the application was deemed void and withdrawn. As a ministerial (non- discretionary) action, no further administrative relief is applicable and no further action has been taken. Reasonable Accommodation Current code also provides an administrative process to request `Reasonable Accommodation' for applicants with disabilities seeking relief from the strict application of the established regulations of HBZSO Section 230.28. Such applicants may request reasonable accommodation by setting forth specific reasons as to why accommodation over and above current regulations is necessary under State and Federal laws in accordance with Huntington Beach Municipal Code (HBMC) Section 17.77 Reasonable Accommodation Procedures. These requests are processed as Administrative Permits, to be reviewed and acted upon by the Director of Community Development. Chapter 17.77 of the HBMC currently provides procedures and necessary findings for approval of requests for reasonable accommodation. The HBMC identifies that any person may request reasonable accommodation to modify a zoning or building standard, regulation, policy, or procedure as may be necessary to afford the disabled individual equal opportunity to the use and enjoyment of their dwelling. A request for reasonable accommodation itself does not require submittal of a variance request, because these requests are made on behalf of persons who are legally considered disabled. In this case, the population served by the operation of a sober living home are considered disabled under State and Federal law, and thus a request for reasonable accommodation would be applicable to operators that do not comply with the current applicable buffer distance requirement. HBZSO Section 202.10 enables the Director of Community Development to refer matters involving development issues to the Planning Commission, and as such, the Director is referring the subject request for review and action by the Planning Commission. Required Findings There are five required findings when considering action on a request for reasonable accommodation. Pursuant to HBMC Section 17.77.050, a request for reasonable accommodation may be approved or conditionally approved if, on the basis of the application, plans, materials, and testimony submitted, the reviewing authority finds that each finding is met. Below are each of the required findings, with discussion by staff. Note that the last of which is not applicable as the subject property is not located within the Coastal Zone: A. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Acts. The City recognizes that the housing that is the subject of the request for reasonable accommodation will be used by individuals protected under the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act. B. The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Acts. The City finds that the request is not necessary to make such housing available to disabled individuals, as defined by state or federal law. To date, the City has approved six Special Use Permits for sober living facilities that comply with the regulations of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and upon full implementation of the requirements of the HBZSO, many more will also be available on properties that received City approval to operate. Furthermore, an online search and contact of advertising facilities identifies that multiple sober living beds are currently available for disabled persons within the City. Therefore, the request for reasonable accommodation is not necessary to make such housing available to a disabled individual, as defined by state or federal law. C. The requested reasonable accommodation will not impose an undue financial or administrative burden on the City. The City recognizes that the requested reasonable accommodation will not impose an undue financial or administrative burden on the City. D. The requested reasonable accommodation will not require a fundamental alteration to the nature of a City program, or to the City's zoning or building laws, policies, or procedures. The Planning Commission finds the reasonable accommodation would require a fundamental alteration to the nature of a City program or to the City's zoning or building laws, policies, or procedures because the operation of the subject sober living home is within the minimum one thousand(1000) foot buffer from an operating Group Home, Sober Living Home, or Residential Care Facility, as classified by the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The City seeks to ensure that disabled persons recovering from addiction can reside in a comfortable residential environment versus in an institutional setting. The subject sober living home is in such close proximity (60 linear feet) that it does not provide the disabled resident with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. As such, the request would result in an overconcentration, and accommodation would require a fundamental alteration to the nature of the City's zoning laws and modification of the policy intent behind regulation. Two of the four (Findings B and D) applicable findings for reasonable accommodation cannot be met, as identified above. ISSUES AND ANALYSIS: Subject Property And Surrounding General Plan Designations, Zoning And Land Uses: LOCATION GENERAL PLAN ZONING: LAND USE Residential Low Single Family Subject Property: Density (RL) RL Residence North and East of RL RL Single Family Subject Property: Residential South and West of RL RL Single Family Subject Property: Residential General Plan Conformance: The proposed request for reasonable accommodation is not consistent with the goals and policies of the General Plan including: Land Use Element Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding the encroachment of incompatible land uses. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences and well maintained and protected. Policy LU-4(A): Encourage a mix of residential types to accommodate people with diverse housing needs. Housing Element Goal H-1: Maintain and enhance the quality of affordability of existing housing in Huntington Beach. Policy H-1.1: Preserve the character, scale, and quality of established residential neighborhoods. Policy H-5.1: Continue to enforce fair housing laws prohibiting arbitrary discrimination in the building, financing, sales, or rental of housing on the basis of race, religion, family status, national origin, physically (sic) disability or other factors. Policy H-5.3: Support the provision of permanent, affordable, and accessible housing that allows persons with disabilities to live independent lives. Provide assistance to residents making accessibility improvements to their homes. Reasonable accommodation procedures were established in the Municipal Code to ensure that persons with disabilities are provided reasonable accommodation in rules, policies, practices, and procedures that may be necessary to ensure equal access to housing. However, in this instance, the City's application of land use and zoning standards does not deprive disabled persons of equal access to housing. The subject request to permit a deviation from the mandatory 1,000 linear foot buffer between sober living homes and/or state licensed alcoholism or drug abuse recovery or treatment facilities is not necessary to provide housing for disabled persons because it is possible to obtain approval to operate a sober living home on a property that complies with the locational requirements. Should the City permit the subject request, the intent of the Ordinance to "preserve the residential character of single family neighborhoods" and, among other things, "provide accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded to non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood"would be degraded. The Ordinance was adopted to preserve and enhance the quality of existing housing in the City and the subject request, which would result in non-conformance, is thus not consistent with the goals and policies of the General Plan. Zoning Compliance: The City has adopted regulations to allow group homes, including sober living homes, to be located in residential neighborhoods. The intent of these regulations is to ensure that facilities maintain compatibility with the residential neighborhoods in which they are situated, ensure standards of operation, and to establish distance requirements that would prevent overconcentration of facilities in the neighborhood. The facility requesting reasonable accommodation is approximately 60 linear feet east from an existing elderly Group Home, under the minimum 1,000 linear foot distance buffer requirement. As discussed in the suggested findings, the approval of the subject request would lead to a fundamental alteration of the City's zoning program. In adopting the regulations of group homes, including sober living homes, the City Council made the finding that without some regulation there is no way of ensuring that the sober living home is operated professionally to minimize impacts to the surrounding neighborhood, and that the secondary impacts from over-concentration of sober living homes are reduced. Granting the accommodation to consider the subject facility as exempt from the requirements from HBZSO Section 230.28 would prevent the City from applying any zoning regulations applicable to a sober living home operation. Urban Design Guidelines Conformance: Not Applicable. Environmental Status: !Action on Administrative Permit No. 22-015 is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15031 Existing Facilities of the CEQA Guidelines, in that the project involves no expansion of an existing use. Coastal Status: Not Applicable. gesign Review Board: Not Applicable. Public Notification: Reasonable Accommodation requests that do not affect a required setback are exempt from public notification requirements. Application Processing Dates: DATE OF COMPLETE APPLICATION: PROPOSED DATE OF ACTION: January 15, 2023 June 27, 2023 SUMMARY: Staff recommends that the Planning Commission deny the subject request based upon the following: - Request fails to meet all the mandatory findings of the Municipal Code - Request is not consistent with the goals and policies of the General Plan ATTACHMENTS: 1. Suggested Findings for Denial 2. Request for Reasonable Accommodation dated November 16, 2022 3. Subject Property to Existing Elderly Group Home 4. Planning Commission Staff Report dated June 9, 2020 5. HBZSO Section 230.28 Group Homes 6. HBMC Section 17.77 Reasonable Accommodation -i A •••-- .... Appealof IIINGin MI\ •., (14/ "1111k Planning Commission 's �� CpRP0RATFa% 4cp Ilk -- - •. Denial of 1� r. "�'� Administrative Permit jI1EETTIE- No . 22 -015 „ , 0 /.... _ __: _ , moan iii .,.. -,, . --- : aczk- � - •v • 4C ► 0 _ •••••• ts 00 � / City Coun i l 114 NT H Gd November 2 1 , 2023•• „ O* � Request • To provide reasonable accommodation to the operator of a sober living home on a property located 60 linear feet from an existing residential care facility • Does not comply with required 1 ,000 linear foot buffer between group homes, sober living homes, or residential care facilities 1/ ..•V \ s9\\ C F'COUNTV CP�jl�l • Subject PropertyJ • 9452 Castlegate Drive (Southside of Castlegate Drive, west of Bushard Street) tt . 7 t k - bf�uDemant e \ 3ea1•00mA90 dt i 4zos9, br t 60.4 Feet Pis Cn ! i ( i i 54&i xNagale D! t (} E E- 9411 tnaUa9asa Dr 9421 Ca Em f# 4 9391 Cast?pat Dr a 4 - C ltiag t•D { a 4saa,c u E Ia Dt � 4 � a [ t i. { t C & 'I i { 20591 P e y 1 i € F d i i 7 ii ,<,n 20621 Paisley L� ( Cas l ate Dr. { r. :°= , Subject ' Elderly Group ., Property 97U2 CAsrta Home \ a4 tamp. ; _ _ 42r#3,- .:. L ; _ - ?C ,, D[4 A 9422CaetkEat9 Dr -_ .a"au'Dr A9'6?C..4 to Dr. 17 ° "" m I � 120L5?6too1W+a l i. S sr j t ( 96518roo&dao 10 ( i 11. - t , .sa4,,1 cwtCi e9as,n:„ , 1 ��� . 20922Dc di to 9421Narcaua Clr ��� pt r. r �9 4 2ocs,1=eaayiE #/ P { I t'_ -.-' 3 E am. `I/Oc�:ill BPOti4T � d � aY. • i. ' t 4'1 � :•a v�a`� 20871 Drookdata to - a _ _ J , x tt { 1 U A, $ � 945,Fiarc rtF f 20U61 AAA./tr.!' •' Q 1 tr�t Harcourt C Cir �, 4 CoI 4 i " .� .rC"'� "t Background • October 2020: City Council adopted group home regulations • HBZSO Section 230.28 Group Homes • Ministerial approval of any group home or sober living home serving 6 or fewer persons via Special Use Permit (SUP) • Require 1 ,000 linear foot buffer between each sober living home and/or residential care facility //,'I Oc ••\N4PPOP.A1Ed 1'�Cr�\ tea; k 5ti r 'r I � UNTV ,id l Special Use Permit • November 2022: Applicant files request for SUP No. 22-012 • Subject property (9452 Castlegate) does not comply with 1 ,000 buffer • Not eligible for ministerial approval • Application deemed void • No further action taken Ii� NT I NGTO 00 cOLlNTV 0P\/i Reasonable Accommodation • Applicants with disabilities seeking relief from strict application of the regulations of HBZSO • Requests processed as Administrative Permit • Reviewed and acted upon by Director of Community Development • Procedures and necessary findings identified in Huntington Beach Municipal Code (HBMC) Chapter 17.77 • HBZSO Section 202. 10 enables the Director of Community #41.7677_ Development to refer matters involving development issues to the �;•-�•' °Qafo -,,\ Planning Commission �" = • _� Required Findings • Five required findings when considering action on reasonable accommodation requests 1. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Acts. 2. The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Acts. The request is not necessary to make such housing available to disabled individuals. The City has issued six SUPs that comply with regulations and multiple sober living beds are currently available. 3. The requested reasonable accommodation will not impose an undue financial or administrative burden on the City. 4. The requested reasonable accommodation will not require a fundamental alteration to the nature of a City program, or to the City's zoning or building laws, policies, or procedures. The request would require a fundamental alteration to the City's zoning code, in that the subject property is within 288 linear feet of a residential care facility, which does not comply with the 1,000 minimum buffer. 5. Not Applicable— Relates to housing in the Coastal Zone. 1�os..•\ RPAp.•c5 .. \v2 ti,.,8-e. $.1:14-141 `III COUNTY�Pii# Planning Commission Action • July 11 , 2023: Planning Commission voted unanimously to deny request • Property owner appealed decision to City Council on July 21 , 2023 1U1 c-i ix1 COONTY A„,, PlanningCommission and Staff Recommendation • Deny Administrative Permit No. 22-015 • Request does not meet 2 of the 4 applicable findings for approval 0i\\ I NG rp�ilk S((f 11, \�i •~;'!/ so per:���0/ .eGUNTY°P 0# :ice=y= - a s. = Questions ? 44 t t ky - '..i �' axk- '.4r { € � r �4f''• i �it'�lA :41pm .,. y,. v„ , s t, Ty 11 �` i,1 w,rig , [ I . S "€� � ' - .5 x . ,,. 'S,ett, f1,;* Z'' sa qi> . spa ,, ° ., "„° `fit i; its .:t r„x'40 r: { u`F" '" *'`r' �" �,, :, " 'q '` , ., ,ems . ; ,OM1r i'4 Q. y,p ...„.:"..,..,....,::,, . . .,,.. :,.,,„,„,.:.....„...,.,_,;„:„.7., ..„.a„,'! , ,4,',''21,,:t•: • ., ..*" .„' 2' , ;..2 � �, x �,, .6 cy. ��'•! -;• m^ ' � Y re : t: ram. £ k4. e uf. t .3 t,. :+l. ..: r 'S - • r1 , S irxas .� c0..- 5�w " � '• a'r We Shouldn't Be Here : There Is No 1, 000 Foot Conflict, per the HBZSC cor. 20,en��n � i5�am,t zr�firlr��pRc¢e�.t Why are we here ? The 1000 Conflict Identified by City From: Beckman. Hayden <hayden.beckman@surfcity-hb.org> Sent: Tuesday September 23, 2022 3:06 PM To: Car ey Sauvageau <csauvageau r�JspIawIlp.com>: Permit Center <permitcenter@surfcity-hb.org} Cc: Garret Pryblyo <gprybylo,splawllp.com> Subject: RE: 601 16th Street. Huntington Beach, CA 9264 Ccunter staff determined that the property is ineligible for an SUP due to its adjacency to an existing Residential Care Facility(within 1000'). As such, operation of a group Home/Sober Living Home at this property is not permitted and a Special Use Permit cannot be issued. The pending application for an SUP will be voided and no further acticn taken, The administrative relief from this situation is to petition the City to consider Reasonable Accommodation, which, is subject to discretionary review by the Director of Community Development, processed as an Administrative Permit. Why are we here : Castlegate directed to apply for RA requesting Exception to the 1,000' Separation SUP Requirement • "Counter staff determined that the property is ineligible for an SUP due to its adjacency to an existing Residential Care Facility (within 1000')." • "As such, operation of a Group Home/Sober Living Home at this property is not permitted and a special Use Permit cannot be issued. The pending application for an SUP will be voided and no further action taken." • "The administrative relief from this situation is to petition the City to consider Reasonable Accommodation, which is subject to discretionary review by the Director of Community Development, processed as an Administrative Permit." What is the DisqualifyingUse Within 1,000 Feet? 9422 YGroup Castlegate, "Elder) Home" Subject Property • 9452 Castlegate Drive (Southside of Castlegate Drive. west of Bushard Street) ma Cast/agate Dr. Subject Ct- Elderly Group ° "" Property _, Home �� (6 Harcourt Cir. • 9 1,4 HBZSC 230 .28 Group Homes : Separation Requirement • HBZSC 230.28(B): Special Use Permit Required. • 1 . A group home that may otherwise be considered an unpermitted use may locate in the RL, RM, RMH, RH, RMP, a Specific Plan Residential, or a Specific Plan Mixed Use zone with a Special Use Permit provided: • (n) In addition to the regulations outlined above, the following shall also apply to sober living homes: • (i) The sober living home is not located within 1,000 feet, as measured from the closest property lines, of any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility. Does 9422 Castlegate Create a 1,000 Foot Conflict pursuant to HBZSC 230.28( B)( 1)(n )(i) • No, because 9422 is not • "any other sober living home or" • "a state licensed alcoholism or drug abuse recovery or treatment facility . " What is 9422 Castlegate? A state DSS licensed Residential ElderlyCare Facility D hartme,nt aQ 1D4 S (http:l/www.cdss.ca.gov;'� SOCIAL SEWERS �-� Facility Detail CASTLEGATE MANOR Stay Updated Status:Licensed Lic.Date:8/1/2005 Address: 9422 CASTLEGATE DRIVE HUNTINGTON BEACH,CA92646 Licensee Name:SEVERINO.JOSELITO Phone: (714)964-8390 Facility Number: 306002885 Facility Capacity:6 Facility Type: RESIDENTIAL CARE ELDERLY State Licensing Office Contact Information 0 Regional Office: ORANGE COUNTY RO Address: 770 THE CITY DR.,SUITE 7100 ORANGE,CA 92868 Phone: (714)703-2840 Under HBZSC, 9422 Castlegate is a "Residential Care Facility" 204.06 Residential Use Classifications • F. Residential Care Facility. A residential facility licensed by the State where care, services, or treatment is provided to persons living in a supportive community residential setting. Residential care facilities include, but may not be limited to, the following: intermediate care facilities for the developmentally disabled (Health & Safety Code §§ 1267.8 and 1267.9); community care facilities (Health & Safety Code §1500 et seq.); residential care facilities for the elderly (Health & Safety Code § 1569 et seq.); residential care facilities for the chronically ill(22 C.C.R. § 87801(a)(5); Health & Safety Code § 1568.02); alcoholism and drug abuse facilities (Health & Safety Code §§ 11834.02-11834.30); pediatric day health and respite care facilities (Health & Safety Code § 1760 et seq.); residential health care facilities, including congregate living health facilities (Health & Safety Code §§ 1265-1271 .1 , 1250(i), 1250(e), (h)); family care home, foster home, group home for the mentally disordered or otherwise disabled persons or dependent and neglected children (Welfare & Institutions Code §§ 5115-5120). A Residential Care Facility Is NOT a Use that Creates 1,000-foot conflict under HBZSC 230. 28( B) ( 1) ( n) (i ) • In addition to the regulations outlined above, the following shall also apply to sober living homes: • (i) The sober living home is not located within 1 ,000 feet, as measured from the closest property lines, of • any other sober living home or • a state licensed alcoholism or drug abuse recovery or treatment facility. Next Step — Please direct staff to Issue a Group Home SUP to Castlegate From: Estanislau,Robin To: Switzer,Donna;Moore,Tania Subject: FW: Request for Continuance-Item#27 on November 7th Agenda Date: Monday,November 6,2023 5:20:06 PM Attachments: jmaaeool.onq SC From: Beckman, Hayden <hayden.beckman@surfcity-hb.org> Sent: Monday, November 6, 2023 5:05 PM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org>; Hopkins, Travis <thopkins@surfcity-hb.org>; Gates, Michael <Michael.Gates@surfcity-hb.org>; Hyland, Connor <connor.hyland@surfcity-hb.org>; Estanislau, Robin <Robin.Estanislau@surfcity-hb.org> Cc:Villasenor,Jennifer<JVillasenor@surfcity-hb.org>; Ramos, Ricky<rramos@surfcity-hb.org>; Hoang,Jimmy<Jimmy.Hoang@surfcity-hb.org> Subject: Request for Continuance- Item#27 on November 7th Agenda Good Evening Honorable Mayor and Councilmembers, Staff would like to advise that counsel for the appellant of Item#27 (below) has requested a continuance of this item to the next regularly scheduled Council meeting on November 21.2023. ADMINISTRATIVE PUBLIC HEARING 27. ;2347S1 Appeal of the Planning Commission'ssdenial of Administrative Permit No. (Legacy Living LLC`S©ber Living Reasonable Accommodation). Recommended Actin: Deny the appeal end uphold the Planning Commission's deniatofAdministratwve Permit 22=tOi5with firitilings ofden`iQal (AttOchmenf;into.;`1). Regards, HAYDEN BECKMAN Spipt Planner Aft Cornmuniry'Deveroprrrent pepeqrnOnt City.of-Huntington Beach . 7147536-5561 Office hayelen.beckman@suli-city-tb.org ff) ww►v.huntdngtanbeachca.gav SUPPLEMENTAL COriv.UNICATION 11/07/2023 Meeting 27 (23-751) Agenda Item No.;.. From: K Carroll To: CITY COUNCIL(INCL.CM0 STAFF1;5uoolementalcomm(aa surfaty-hb.orq Subject: City Council Meeting Agenda November 21,2023:Items 23-995,23-1020&23-1021 Date: Monday,November 20,2023 1:06:13 PM Greetings Mayor Strictland,Pro Tern Gracey Van Der Mark and Councilmen Pat Burns and Casey McKeon: Thank you again for all that you have accomplished through lighting speed during this first year reign. The citizens have reaped huge benefits from your actions and continuous momentum to stay true to the culture of HB and its roots and improve the quality of life for both long term residents, incoming residents and visitors.Promises made,promises kept. I would like to share my opinions on three 11/21/23 Agenda Items: Item 23-995: Sober Living.Please deny appeal. These sober living houses are a scam and help little. They use up insurance and kick the addicted out into the homeless population that has caused for years an uptick in crime and financial burden on HB,not to mention reduced home values in residential areas where they reside and well as cause a nuisance to surrounding neighbors. Item 23-1020: Veterans: Don't waste the staffs time. Frankly,I am somewhat amazed that Moser would bring this up now as we have had in place a homeless plan in effect for years. Moser often applauded the progress. Moser knows that Veterans are part of the homeless population and has done nothing to maintain accountability that was already put in effect during her term. Moser is politicizing NOW using Veterans as pawns the same as she did for the flag issue and Interfaith Council. Divisive. Of course,Veterans should not be homeless! The only homeless she continued to highlight during her term were kids and children. BTW, I have seen none of those. Only addicts, mentally ill and a few who did not appear to have any symptoms;but, appeared to be homeless. In my opinion, someone needs to be assigned to cover all the accountability metrics with a quarterly report or even monthly. Item 23-1021: Autism: Similar to my reasons above. Why is Moser using this one disability as a political pawn. There are so many other disabilities. HB welcomes all people with disabilities and no disabilities.Divisive. Moser is politicizing a disability. How does one disability deserve more recognition than the others?The City Council should not be involved in making this determination which disabilities are recognized or highlighted. That is disrespectful to other disabilities. Wishing you all a Thanksgiving filled with blessings, laughter and yummy goodness. Best regards, Kris Carroll SUPPLEMENTAL COMMUNICATION 1 1/21/2023 MeetiN Date: 17 (23-995) Agenda Item No.; (1 ..P CONTINUANCE OF PUBLIC HEARING STATE OF CALIFORNIA ) cp rn COUNTY OF ORANGE ) SS _{ ` CITY OF HUNTINGTON BEACH ) m • m I, Robin Estanislau, declare as follows: That I am the City Clerk of the City of Huntington Beach; that at a regular meeting of the City Council/Public Financing Authority of the City of Huntington Beach held Tuesday, November 7, 2023, said public hearing was unopened and continued to a regular meeting on November 21, 2023 at 6:00pm to Appeal the Planning Commission's Denial of Administrative Permit No. 22- 015 (Legacy Living LLC Sober Living Reasonable Accommodation; and that on Thursday, November 9, 2023 at the hour of 5:00 p.m., a copy of said notice was posted at a conspicuous place near the door at which the meeting was held. I declare under penalty of perjury that the foregoing is true and correct. Executed on Thursday, November 9, 2023 at Huntington Beach, California. ROBIN ESTANISLAU, CITY CLERK, CMC 470CA by: Senior{deputy ity Clerk Posted pursuant to Government Code Section 54950 I declare,under penalty of perjury,that I am employed by the City of Huntington Beach,in the Office of the City CI-rk and that I posted this public notice on the 1. is . posting bulletin board at the Civic g:\agendas\agmisc\Pubhear-Continued.doc Center on IA 4. at S D,) a.m./pp Date 1 filMr , Signature Senior- y City Clerk �NjiNGr 2000 Main Street, � ���r�ff � ® Huntington Beach,CA 92648 _ - �4 Cityof Huntington Beach },, Q r g CONTINUED TO NOVEMBER j,,,:a, 21,2023,` APPROVED 7-0 File #: 23-751 MEETING DATE: 11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Jennifer Villasenor, Acting Director of Community Development PREPARED BY: Hayden Beckman, Senior Planner Subject: Appeal of the Planning Commission's denial of Administrative Permit No. 22-015 (Legacy Living LLC Sober Living Reasonable Accommodation) Statement of Issue: City Council is requested to consider Dylan Walker and Michael Garrett's appeal of the Planning Commission's denial of Administrative Permit No. 22-015. Their permit application requests to provide reasonable accommodation to the operator of a sober living home on a property that is located within 1,000 linear feet of another group home or State-licensed residential care facility. The Planning Commission held a public hearing on July 11, 2023 and unanimously voted to deny the application with findings for denial. On July 21, 2023, Mr. Walker and Mr. Garrett appealed the Planning Commission's action citing multiple reasons outlined in the appeal letter (Attachment No. 2). Financial Impact: Not Applicable. Recommended Action: Deny the appeal and uphold the Planning Commission's denial of Administrative Permit No. 22-015 with findings of denial (Attachment No. 1). Alternative Action(s): A) Find the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, uphold the appeal of the Planning Commission's denial of Administrative Permit No. 22-015, and make findings and conditions of approval pursuant to Chapter 17.77.050 of the Huntington Beach Municipal Code. B) Continue Administrative Permit No. 22-015, and direct staff accordingly. Analysis: City of Huntington Beach Page 1 of 5 Printed on 11/1/2023 powered by Legistarn" File #: 23-751 MEETING DATE: 11/7/2023 A. REASONABLE ACCOMMODATION REQUEST In October 2020, the City Council adopted five Ordinances establishing regulations for the operation of group homes, a land use classification that includes sober living homes. Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 230.28 Group Homes require the ministerial approval of a Special Use Permit (SUP) for any group home or sober living home serving no more than 6 persons to operate in the City's residential areas, subject to operation requirements and a minimum 1,000 linear feet buffer from other sober living homes, state-licensed alcoholism or drug abuse recovery or treatment facilities (Residential Care Facilities). A disabled applicant may seek an exception to the strict application of HBZSO Section 230.28 via a Reasonable Accommodation Request. The Reasonable Accommodation Request must set forth specific reasons as to why an exception to the HBZSO is required per Huntington Beach Municipal Code (HBMC) Section 17.77 Reasonable Accommodation Procedures. Chapter 17.77 of the HBMC currently provides procedures and necessary findings for approval of requests for reasonable accommodation. The HBMC identifies that any person may request reasonable accommodation to modify a zoning or building standard, regulation, policy, or procedure as may be necessary to afford the disabled individual equal opportunity to the use and enjoyment of their dwelling. A Reasonable Accommodation Request itself does not require submittal of a variance request, because these requests are made on behalf of persons who are legally considered disabled. In this case, the population served by the operation of a sober living home is considered disabled under State and Federal law, and thus a request for reasonable accommodation would apply to operators that do not comply with the current applicable buffer distance requirement. However, for a Reasonable Accommodation Request to be granted, it must meet all the findings pursuant to HBMC Section 17.77.050. B. REASONS FOR APPEAL The Planning Commission's action on Administrative Permit No. 22-015 was appealed by the property owner, Mr. Walker, and the sober living home's operator, Mr. Garrett, for reasons cited in an appeal letter received and dated July 21, 2023 (Attachment No. 2). The reasons for the appeal are listed below in italics with analysis from staff: 1) The City subjected the dwelling at 9452 Castlegate Drive, Huntington Beach, to municipal regulations, HBZSO 230.28 that violate state statutes, Cal. Govt. Code §§ 65008, 12955(1), 11135, 8899.50, and related federal statues, including the Fair Housing Act and Americans with Disabilities Act; HBZSO Chapter 230.28 was adopted by the City Council in 2020 to provide greater consistency with state and federal statutes. In accordance with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, HBMC Chapter 17.77 provides disabled persons policies and procedures for reasonable accommodations to ensure equal access to housing. Further, all residentially zoned City of Huntington Beach Page 2 of 5 Printed on 11/1/2023 powerey LegistarTM File #: 23-751 MEETING DATE: 11/7/2023 properties are under the same regulations, and the appellant has not provided any evidence to support this claim. 2) The City failed or refused to engage in an interactive process, as required under the Fair Employment and Housing Act or the Fair Housing Act prior to denying the applicant's request for reasonable accommodation; City records show that the subject request for Administrative Permit No. 2022-015 was filed on November 17, 2022, and subsequently deemed incomplete on December 15, 2022. An application was filed for a SUP at the subject property on December 20, 2022, and later withdrawn and deemed void and unnecessary given the Administrative Permit on file. The appellant was in continued communication with City staff regarding the status of the application, as well as clearing up the confusion of which application would be accepted for processing, given the fact that the subject property is not a candidate for ministerial approval of a SUP. At no time in the timeline of communications between staff and the appellant was there a failure or refusal to engage in an interactive process. Staff was accessible and assisted the appellant with proper filings to request reasonable accommodation. 3) The second Findings for Denial in the Planning Commission's Notice of Action misconstrued and misapplied the necessity standard under HBMC 17.77.050(D) and under state and federal housing laws; A reasonable accommodation must not result in the fundamental alteration in the City's zoning program. Factors the City may consider in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program include, but are not limited to: (1) Whether the requested accommodation would fundamentally alter the character of the neighborhood; (2) Whether granting the requested accommodation would substantially undermine any express purpose of either the City's zoning programs; AND (3) Whether the requested accommodation would create an institutionalized environment due to the number and distance between facilities that are similar in nature or operation. The zoning code forbids the operation of two or more sober living homes operating within 1000 feet of one another to avoid the clustering of these homes, which would create an institutionalized setting and drastically change the residential character of the residential neighborhood. The City seeks to ensure that disabled persons recovering from addiction City of Huntington Beach Page 3 of 5 Printed on 11/1/2023 powere7124 LegistarTM File #: 23-751 MEETING DATE: 11/7/2023 can reside in a comfortable residential environment versus in an institutional setting. Each reasonable accommodation request requires an analysis of the facts to see if an approval of the request would result in the fundamental alteration. Here, the subject sober living home is only 60 linear feet from another sober living home. The distance between the homes is so minimal that it does not provide the disabled resident with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. Because the distance between the homes is so minimal, the request would result in an overconcentration; furthermore, accommodation would require a fundamental alteration to the nature of the City's zoning laws and programs. Thus, the requested accommodation would result in a fundamental alteration in the nature of the City's zoning program, as fundamental alteration is defined in Fair Housing Laws and interpretive case law. 4) The Planning Commission erred in failing or refusing to classify the use of the dwelling at 9452 Castlegate Drive as a "Single Housekeeping Unit"or "Supportive Housing'; The onus is on the applicant/appellant to demonstrate to the City how the subject operation is either a Single Housekeeping Unit (SHU) or Supportive Housing (SH) land use. As such, the appellant has not provided any evidence to support the claim that they should be classified as a SHU or SH, and the application form for both the SUP and subject Administrative Permit identifies the subject operation as "sober living home". Further, the activities and features of the home do not meet the HBZSO definition of a SHU; Single Housekeeping Units are meant to have residents who are "stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a non-profit basis." Those features are not present here and no evidence has been given showing that the sober living home is operating on a non-profit basis with stable, non-transient residents. 5) The retroactive application of the City's municipal regulations, HBZSO 230.28 to the dwelling at 9452 Castlegate Drive is inconsistent with state law and the City's treatment of nonconforming uses; and Retroactive application of the HBZSO is legal implementation of an adopted ordinance. HBMC Chapter 17.77 provides an administrative process for considering nonconforming land uses or standards for persons considered disabled. The City's treatment of the subject property as a nonconforming use is consistent with applicable findings. 6) Even the City's regulation were valid (sic), the records before the Planning Commission does not support the denial of applicant's request for reasonable accommodation. The City's adopted regulations were and remain valid. Staff has provided sufficient evidence to recommend findings for denial of the subject Reasonable Accommodation request. City of Huntington Beach Page 4 of 5 Printed on 11/1/2023 powereZla9'LegistarTM File #: 23-751 MEETING DATE: 11/7/2023 Environmental Status: Pursuant to Section 15270 of the CEQA Guidelines, CEQA does not apply to projects which a public agency rejects or disapproves. Further, if the City Council approves the appellant's request, action on Administrative Permit No. 22-015 is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15031 Existing Facilities of the CEQA Guidelines, in that the project involves no expansion of an existing use. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Suggested Findings for Denial 2. Appeal Letter received and dated July 21, 2023 3. Planning Commission Staff Report dated July 11, 2023 4. Presentation City of Huntington Beach Page 5 of 5 Printed on 11/1/2023 powere7i44 LegistarTM City Council/ ACTION AGENDA November 7, 2023 Public Financing Authority Recommended Action: A) Certify Final Environmental Impact Report No. 21 004 (Attachment No. 16) as adequate approving City Council Resolution No. 2023 52, "A Resolution of the City Council the City of Huntington Beach Adopting Environmental- Impact Report No. 21 004 for the Bolsa Chica I iying Com nity Prooject" (Attachment Plc, 2); and efhveT� '-ie "„ B) Approve General Plan Amendment No. 21 004 and City Council Resolution No. 2023 51, "A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment Nn 21_004" (Attachment Ne 3); and C) Approve Zoning Map Amendment No. 21 003 and approve for introduction City Beach Zoning and Subdivision Ordinance to Rezone the R al Property Generally Located on the Southwest Corner of Warner Avenue at Bolsa Chica Street from CG (Commercial and D) Apprn e Zoning—Text Amen ent Poz22 005 and City Co incil Resol ition No 2023_ 53, "A Resolution of the City Council of the City of Huntington Beach Adopting Zoning Text Amendment No. 22 005 by Cr ating the Bolsa Chica Senior Living Community Specific Pl�P,o) to Appl„ t„ RealrPrrooperty at the Southwest Corner of Warner Avenue at Bolsa Chica Street" (Attachment No. 5); and E) Permit No. 21 024 with findings and conditions of approval (Attachment No. 1). Supplemental Communications (134) Speakers - None Continuance to a date uncertain approved 7-0 ADMINISTRATIVE PUBLIC HEARING 27. 23-751 CONTINUED TO NOVEMBER 21, 2023 AT APPELENT'S REQUEST Appeal of the Planning Commission's denial of Administrative Permit No. 22-015 (Legacy Living LLC Sober Living Reasonable Accommodation) Deny the appeal and uphold the Planning Commission's denial of Administrative Permit No. 22 015 with findings of denial (Attachment No. 1). Continuance to November 21, 2023 approved 7-0 Page 9 of 10 • ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR ADMINISTRATIVE PERMIT NO. 22-016: 1. The City recognizes that the housing that is the subject of the request for reasonable accommodation will be used by individuals protected under the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act. 2. The City Council finds that the request is not necessary to make such housing available to disabled individuals, as defined by state or federal law. To date, the City has approved six Special Use Permits for sober living facilities that comply with the regulations of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and upon full implementation of the requirements of the HBZSO, many more will also be available on properties that received City approval to operate. Furthermore, an online search and contact of advertising facilities identifies that multiple sober living beds are currently available for disabled persons within the City. Therefore, the request for reasonable accommodation is not necessary to make such housing available to a disabled individual, as defined by state or federal law. 3. The City Council finds the requested reasonable accommodation will not impose an undue financial or administrative burden on the City. 4. The City Council finds the reasonable accommodation would require a fundamental alteration to the nature of a City program or to the City's zoning or building laws, policies, or procedures because the operation of the subject sober living home is within the minimum one thousand (1000) foot buffer from an operating Group Home, Sober Living Home, or Residential Care Facility, as classified by the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The City seeks to ensure that disabled persons recovering from addiction can reside in a comfortable residential environment versus in an institutional setting. The subject sober living home is in such close proximity (60 linear feet) that it does not provide the disabled resident with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. As such, the request would result in an overconcentration, and accommodation would require a fundamental alteration to the nature of the City's zoning laws and modification of the policy intent behind regulation. 741 q i;. C 'PI F 0 Notice of Appeal to the CityZ ouncil A« 1' 55 CiTY CLERK Ci T Y CF To the City Clerk of the City of Huntington Beach: 'T ? 1. Notice of Appeal: Pursuant to Section 248.20 of the Zoning and Subdivision Code of the City of Huntington Beach, Legacy Living LLC hereby appeals the decision of the Planning Commission in File#23-553 denying administrative permit#22-015 (request for reasonable accommodation re dwelling at 9452 Castlegate Drive, Huntington Beach, CA 92646)to the City Council. A copy of the determination from which Legacy appeals is attached hereto. 2. Persons Appealing: • Dylan Walker, property owner, PO Box 2320, Costa Mesa CA 92628; and, • Michael Garrett, Legacy Living, authorized representative, PO Box 3911, Huntington Beach CA 92605. 3. Attorney Representatives: • Garrett Prybylo, Seyfnia & Prybylo, LLP, 633 West 5th Street, Suite 2600, Los Angeles, California 90071; Tel: (213) 770-4529; email: gprybylo@splawl1p.com; and, • Christopher Branart, Brancart & Brancart, PO Box 686, Pescadero, CA 94060; (650) 879-0141; email: cbrancart@brancart.com. 4. Grounds for Appeal: The grounds for appeal include but are not limited to the following: • The City subjected the dwelling at 9452 Castlegate Dr., Huntington Beach, to municipal regulations, HBZSO 230.28 that violate state statutes, Cal. Govt. Code §§ 65008, 12955(1), 11135, 8899.50, and related federal statutes, including the Fair Housing Act and Americans with Disabilities Act; • The City failed or refused to engage in an interactive process, as -1- 742 required under the Fair Employment and Housing Act or the Fair Housing Act prior to denying applicant's request for reasonable accommodation; • The second Finding for Denial in the Planning Commission's Notice of Action misconstrued and misapplied the necessity standard under HBMC17.77.050(B) and under state and federal fair housing laws; • The fourth Finding for Denial in the Planning Commission's Notice of Action misconstrued and misapplied the fundamental alternation standard under HBMC 17.77.050(D) and under state and federal fair housing laws; • The Planning Commission erred in failing or refusing to classify the use of the dwelling at 9452 Castlegate Drive as a "Single Housekeep Unit" or "Supportive Housing;" • The retroactive application of the City's municipal regulations, HBZSO 230.28 to the dwelling at 9452 Castlegate Drive is inconsistent with state law and the City's treatment of nonconforming uses; and, • Even the City's regulation were valid, the records before the Planning Commission does not support the denial of applicant's request for reasonable accommodation. 5. Appeal Fee. Applicant-appellant tenders with this notice of appeal a check made payable to the City of Huntington Beach in the sum of$2,855.00. * * * Timely delivered to the Clerk of the City of Huntington Beach on Friday, July 21, 2023. /s/Mic ael Garth Michael Garrett, Authorized Representative -2- 743 :a Huntington Beach PlanningCommission / i. • Hunt K" 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION July 12, 2023 Michael Garrett PO Box 3911 Huntington Beach CA 92605 SUBJECT: ADMINISTRATIVE PERMIT NO. 22-015 (LEGACY LIVING LLC SOBER LIVING REASONABLE ACCOMMODATION) APPLICANT: Michael Garrett, PO Box 3911, Huntington Beach CA 92605 PROPERTY OWNER: Dylan Walker, P.O. Box 2320, Costa Mesa CA 92628 REQUEST: To provide Reasonable Accommodation to the operator of a sober living home requesting to operate on a property that is located within 1000 linear feet of another group home or State-licensed residential care facility. LOCATION: 9452 Castlegate Drive, 92646 (Southside of Castlegate Drive, west of Bushard Street) DATE OF ACTION: July 11, 2023 On Tuesday, July 11, 2023, the Huntington Beach Planning Commission took action on your application, and your application was denied with findings. Attached to this letter are the findings for denial. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand, Eight Hundred and Fifty-Five Dollars ($2,855.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Four Thousand, Five Hundred and Eighty-Two Dollars ($4,582.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is Friday,July 21, 2023,at 5:00 PM. Excepting those actions commenced pursuant to the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Phone 714-536-5271 Fax 714-374-1540 www.surfoity-hb.org -3- 744 Notice of Action:AP 22-015 July 12,2023 Page 2 Notice, you will be legally barred from later challenging such action pursuant to Government Code§66020. If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Hayden Beckman, the project planner, at (714) 536-5561 or via email at hayden.beckman@surfcity-hb.org, or the Community Development Department at (714)536-5271. Sincerely, Ursula Luna-Reynosa, Secretary Planning Commission By t Matthew •hneider, Planning Manager ULR:MS:HB:kdc Attachment: Findings For Denial—AP 22-015 c: Honorable Mayor and City Council Chair and Planning Commission Al Zelinka, City Manager Ursula Luna-Reynosa, Director of Community Development Tim Andre, Fire Division Chief Mike Vigliotta, Chief Assistant City Attorney Bob Milani, Principal Civil Engineer Jasmine Daley, Building Manager Hayden Beckman, Senior Planner Property Owner Project File -4- 745 ATTACHMENT NO.1 FINDINGS FOR DENIAL ADMINISTRATIVE PERMIT NO.22-015 FINDINGS FOR ADMINISTRATIVE PERMIT NO.22-015: 1. The City recognizes that the housing that is the subject of the request for reasonable accommodation will be used by individuals protected under the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act. 2. The Planning Commission finds that the request is not necessary to make such housing available to disabled individuals, as defined by state or federal law. To date, the City has approved six Special Use Permits for sober living facilities that comply with the regulations of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and upon full implementation of the requirements of the HBZSO, many more will also be available on properties that received City approval to operate. Furthermore, an online search and contact of advertising facilities identifies that multiple sober living beds are currently available for disabled persons within the City. Therefore, the request for reasonable accommodation is not necessary to make such housing available to a disabled individual, as defined by state or federal law. 3. The Planning Commission finds the requested reasonable accommodation will not impose an undue financial or administrative burden on the City. 4. The Planning Commission finds the reasonable accommodation would require a fundamental alteration to the nature of a City program or to the City's zoning or building laws, policies, or procedures because the operation of the subject sober living home is within the minimum one thousand(1000)foot buffer from an operating Group Home, Sober Living Home, or Residential Care Facility, as classified by the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The City seeks to ensure that disabled persons recovering from addiction can reside in a comfortable residential environment versus in an institutional setting. The subject sober living home is in such close proximity (60 linear feet) that it does not provide the disabled resident with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. As such, the request would result in an overconcentration, and accommodation would require a fundamental alteration to the nature of the City's zoning laws and modification of the policy intent behind regulation. G:\PClNOA123\071123 AP 22-015(Legacy Living Sober Facility) Attachment 1.1 -5- 746 oTtas (J ` CASH RECEIPT ° ° "` - 'z` -CITY OF HUNTINGTON BEACH P.O BOX 711 HUNTINGYTON BEACH;CALIFORNIA 9264&-0711 CoLIN , /O www.huntingtonbeachca gov/payments DATE I "if i Issuing Dept .. t ° Dept. Phone# p r FUNDS RECEIVED FROM I I t r £i t ." y Ty 8 "- ° E e'S'!. t t ADDRESS .� r i;` .irr i, .: �C2;,i°, 4 • +` r$ ii � FOR ,i ,' 6'4 6 P1 -5'4 .,4. Na .a* If ' e k °4 A.',,'' , -3,,,,,71"-t" AMOUNT RECEIVED El Cash tqCheck# r„-•r 0 F .0 Credit Card Prepared Received" °"` Finance By By ;, . -.( .� _ Approval IF OBJECT=50000 THRU.90000,FINANCE APPROVAL REQUIRED ^`°Approval Date Business Unit__ Object_ _Sub's Sub-Ledger, ,' I Type`` . y` ° , • { { ; . TOTAL $ _� ,� Stamped Validation Only"` • R Please do not write in the box below Y «. l p 4 o 3 747 • ISSIJI llG DEPARTMENT COPY - - 0207 LEGACY LIVING HOMES LLC 10311 MONITOR DR HUNTINGTON BEACH,CA 92646-3757 7143360450 DATE L. 1 -2.7 90-7162/3222 C i+ 0 14VA tY0n eLa , $ 2 PAYTOTHEO]IDEROF 0 6 50 I Qlie\0✓S G �` C.I q T�1\��c I'1 P)/ ' �111 o DOLLARS 8 a"�a CHASE CO J � JPMorgan Chaseha Bank,N.A. FOR Appeal RAM . rec'�"�r'� 1\h) • Z2 -015 CvG t- �P II'00020711' 1: 32227 /6271: 76902775.311' • co PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Ursula Luna-Reynosa, Director of Community Development BY: Hayden Beckman, Senior Planner SUBJECT: Aide !!ADMINISTRATIVE PERMIT NO. 22-015 (LEGACY LIVING LLC SOBER LIVING REASONABLE ACCOMMODATION) REQUEST: �To provide Reasonable Accommodation to the operator of a sober living home requesting to operate on a property that is located within 1000 linear feet of another group home or State-licensed residential care facility. LOCATION: 9452 Castlegate Drive, 92646 (Southside of Castlegate Drive, west of Bushard Street) body APPLICANT: Michael Garrett, PO Box 3911, Huntington Beach CA 92605 PROPERTY OWNER: Dylan Walker, P.O. Box 2320, Costa Mesa CA 92628 RECOMMENDATION: recommendonon That the Planning Commission take the following actions: A) Deny Administrative Permit No. 22-015 with suggested findings for denial. end ALTERNATIVE ACTION(S): A) Continue Administrative Permit No. 22-015 and direct staff to return with findings for approval. B) Continue Administrative Permit No. 22-015 and direct staff accordingly. PROJECT PROPOSAL: The applicant is seeking a reasonable accommodation request to obtain approval to operate a sober living home on a property that is located approximately 60 feet from an existing elderly Group Home, which does not comply with the required 1,000 ft. buffer requirement between group homes, including sober living homes, or licensed Residential Care Facilities. 749 Background: In October 2020, the City Council adopted five Ordinances which amended multiple sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and Huntington Beach Municipal Code (HBMC) to collectively establish regulations for the operation of group homes, a land use classification which includes sober living homes, in the City's residential districts. Regulations set forth in Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section' 230.28 Group Homes require the ministerial approval of a Special Use Permit (SUP)for any group home or sober living home serving no more than 6 persons to operate in the City's residential areas, subject to operation requirements and a minimum 1,000 linear foot buffer from other sober living homes or state licensed alcoholism or drug abuse recovery or treatment facilities (Residential Care Facilities). Special Use Permit In November 2022, and in accordance with the procedures established in HBZSO Section 230.28 Group Homes, the applicant filed a request for Special Use Permit (SUP) No. 22- 012 to permit the operation of an existing sober living home on the subject property that would serve 6 persons, not including an on-site house manager. Upon review, it was determined that the subject property was less than 1,000 linear feet from an existing elderly group home (Attachment No. 3) and thus not eligible to receive ministerial approval. Thus, the application was deemed void and withdrawn. As a ministerial (non- discretionary) action, no further administrative relief is applicable and no further action has been taken. Reasonable Accommodation Current code also provides an administrative process to request 'Reasonable Accommodation' for applicants with disabilities seeking relief from the strict application of the established regulations of HBZSO Section 230.28. Such applicants may request reasonable accommodation by setting forth specific reasons as to why accommodation over and above current regulations is necessary under State and Federal laws in accordance with Huntington Beach Municipal Code (HBMC) Section 17.77 Reasonable Accommodation Procedures. These requests are processed as Administrative Permits, to be reviewed and acted upon by the Director of Community Development. Chapter 17.77 of the HBMC currently provides procedures and necessary findings for approval of requests for reasonable accommodation. The HBMC identifies that any person may request reasonable accommodation to modify a zoning or building standard, regulation, policy, or procedure as may be necessary to afford the disabled individual equal opportunity to the use and enjoyment of their dwelling. A request for reasonable accommodation itself does not require submittal of a variance request, because these requests are made on behalf of persons who are legally considered disabled. In this case, the population served by the operation of a sober living 750 home are considered disabled under State and Federal law, and thus a request for reasonable accommodation would be applicable to operators that do not comply with the current applicable buffer distance requirement. HBZSO Section 202.10 enables the Director of Community Development to refer matters involving development issues to the Planning Commission, and as such, the Director is referring the subject request for review and action by the Planning Commission. Required Findings There are five required findings when considering action on a request for reasonable accommodation. Pursuant to HBMC Section 17.77.050, a request for reasonable accommodation may be approved or conditionally approved if, on the basis of the application, plans, materials, and testimony submitted, the reviewing authority finds that each finding is met. Below are each of the required findings, with discussion by staff. Note that the last of which is not applicable as the subject property is not located within the Coastal Zone: A. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Acts. The City recognizes that the housing that is the subject of the request for reasonable accommodation will be used by individuals protected under the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act. B. The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Acts. The City finds that the request is not necessary to make such housing available to disabled individuals, as defined by state or federal law. To date, the City has approved six Special Use Permits for sober living facilities that comply with the regulations of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and upon full implementation of the requirements of the HBZSO, many more will also be available on properties that received City approval to operate. Furthermore, an online search and contact of advertising facilities identifies that multiple sober living beds are currently available for disabled persons within the City. Therefore, the request for reasonable accommodation is not necessary to make such housing available to a disabled individual, as defined by state or federal law. C. The requested reasonable accommodation will not impose an undue financial or administrative burden on the City. The City recognizes that the requested reasonable accommodation will not impose an undue financial or administrative burden on the City. 751 D. The requested reasonable accommodation will not require a fundamental alteration to the nature of a City program, or to the City's zoning or building laws, policies, or procedures. The Planning Commission finds the reasonable accommodation would require a fundamental alteration to the nature of a City program or to the City's zoning or building laws, policies, or procedures because the operation of the subject sober living home is within the minimum one thousand(1000) foot buffer from an operating Group Home, Sober Living Home, or Residential Care Facility, as classified by the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The City seeks to ensure that disabled persons recovering from addiction can reside in a comfortable residential environment versus in an institutional setting. The subject sober living home is in such close proximity (60 linear feet) that it does not provide the disabled resident with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. As such, the request would result in an overconcentration, and accommodation would require a fundamental alteration to the nature of the City's zoning laws and modification of the policy intent behind regulation. Two of the four (Findings B and D) applicable findings for reasonable accommodation cannot be met, as identified above. j ISSUES AND ANALYSIS: Subject`Property And Surrounding General Plan Designations, Zoning And Land Uses: LOCATION GENERAL PLAN `` n ZONING : LAND USE Residential Low Single Family Subject Property: Density (RL) RL Residence North and East of RL RL Single Family Subject Property: Residential South and West of RL RL Single Family Subject Property: Residential General Plan Conformance: [The proposed request for reasonable accommodation is not consistent with the goals and policies of the General Plan including: Land Use Element Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding the encroachment of incompatible land uses. 752 Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences and well maintained and protected. Policy LU-4(A): Encourage a mix of residential types to accommodate people with diverse housing needs. Housing Element Goal H-1: Maintain and enhance the quality of affordability of existing housing in Huntington Beach. Policy H-1.1: Preserve the character, scale, and quality of established residential neighborhoods. Policy H-5.1: Continue to enforce fair housing laws prohibiting arbitrary discrimination in the building, financing, sales, or rental of housing on the basis of race, religion, family status, national origin, physically (sic) disability or other factors. Policy H-5.3: Support the provision of permanent, affordable, and accessible housing that allows persons with disabilities to live independent lives. Provide assistance to residents making accessibility improvements to their homes. Reasonable accommodation procedures were established in the Municipal Code to ensure that persons with disabilities are provided reasonable accommodation in rules, policies, practices, and procedures that may be necessary to ensure equal access to housing. However, in this instance, the City's application of land use and zoning standards does not deprive disabled persons of equal access to housing. The subject request to permit a deviation from the mandatory 1,000 linear foot buffer between sober living homes and/or state licensed alcoholism or drug abuse recovery or treatment facilities is not necessary to provide housing for disabled persons because it is possible to obtain approval to operate a sober living home on a property that complies with the locational requirements. Should the City permit the subject request, the intent of the Ordinance to "preserve the residential character of single family neighborhoods" and, among other things, "provide accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded to non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood"would be degraded. The Ordinance was adopted to preserve and enhance the quality of existing housing in the City and the subject request, which would result in non-conformance, is thus not consistent with the goals and policies of the General Plan. j Zoning Compliance: The City has adopted regulations to allow group homes, including sober living homes, to be located in residential neighborhoods. The intent of these regulations is to ensure that facilities maintain compatibility with the residential neighborhoods in which they are situated, ensure standards of operation, and to establish distance requirements that would prevent overconcentration of facilities in the neighborhood. The facility requesting 753 reasonable accommodation is approximately 60 linear feet east from an existing elderly Group Home, under the minimum 1,000 linear foot distance buffer requirement. As discussed in the suggested findings, the approval of the subject request would lead to a fundamental alteration of the City's zoning program. In adopting the regulations of group homes, including sober living homes, the City Council made the finding that without some regulation there is no way of ensuring that the sober living home is operated professionally to minimize impacts to the surrounding neighborhood, and that the secondary impacts from over-concentration of sober living homes are reduced. Granting the accommodation to consider the subject facility as exempt from the requirements from HBZSO Section 230.28 would prevent the City from applying any zoning regulations applicable to a sober living home operation. Urban Design Guidelines Conformance: Not Applicable. Environmental Status: !Action on Administrative Permit No. 22-015 is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15031 Existing Facilities of the CEQA Guidelines, in that the project involves no expansion of an existing use. j Coastal Status: Not Applicable. 1Desi_gn Review Board: Not Applicable. j Public Notification: Reasonable Accommodation requests that do not affect a required setback are exempt from public notification requirements. Application Processing Dates: DATE OF COMPLETE APPLICATION: PROPOSED DATE OF ACTION: January 15, 2023 June 27, 2023 SUMMARY: Staff recommends that the Planning Commission deny the subject request based upon the following: - Request fails to meet all the mandatory findings of the Municipal Code - Request is not consistent with the goals and policies of the General Plan ATTACHMENTS: 1. Suggested Findings for Denial 2. Request for Reasonable Accommodation dated November 16, 2022 754 3. Subject Property to Existing Elderly Group Home 4. Planning Commission Staff Report dated June 9, 2020 5. HBZSO Section 230.28 Group Homes 6. HBMC Section 17.77 Reasonable Accommodation • 755 7 ,L w,l, Appeal of ► R'? ,•. Plannin Commission s gCp R P O Rq I'Froll F � �• • % Denial of ,„,,„,,,, ----,- : ,,,,,, / /Fir, ,,,y,,. 7/////llif ,) , '., c Administrative Permit 1 „,,,, , L, ___ /) ,,,,,,,, . ..x., __,__ _____ _ _ _- • __ _ No . 22 -015 ref - jo,,,,,� , � � ro w � _ moo• '- - 0 • e il WO• ' • 17 0 v , 190` 1 ie �, City Council Urt1 - '[ C P / , �••,�, 1 November 7, 2023 Request • To provide reasonable accommodation to the operator of a sober living home on a property located 60 linear feet from an existing residential care facility • Does not comply with required 1 ,000 linear foot buffer between group homes, sober living homes, or residential care facilities Ii��NTINGTp� 11 Opp����ftP°f r0.� �( \ 11- F� .9 \1 �6F°:!.77 ins -CFO 00 Subject Pro ertp Y • 9452 Castlegate Drive (Southside of Castlegate Drive, west of Bushard Street) E. y$ 1 60.4 Feet € c L 9d21 Cesdggata Dr 9121Caeda9uo Dr '9Ad1Ca lbgate D! j9d@i ta.lge Dt "{ Ell a 331 Casdegata Dt - , A a 'it }:4 ♦ 9391 Ca9tk�gal➢Dt 9 l51 Gs�leg 1Q Di ♦ $ 943t4 stlegate Ort -...- :.,,.. _, „ A � § Y 9 I { . `++' a s tle a t\d 'D'r �Va { .„.. PeiskY L •a , Subject Y Elderly Group Property ,- � Home �: � to 2➢W1PaWeyin 4 2 C tla' Dr., �Coat* 9422 Castiegat th ", lot(a 9 D 9. t t g 96 He9811 BZiA Or .n' t � � � G 0671 P laby L �, 20,529iooktl r I _ 23b378 M I¢Ln f M. { { € . A € j9dA7 Hat rtC `4451H �u�ICI % Y E y a t 1 ' t �. 5 a 2°6128. d31"n : .." 'C 4 ��!��G—_ 9uw g z i 1 6 j20551 Paial y L E i/ `t U'j0 x lj IN { A21M7Y ', 3 t 3— ( ui % 1- f ■ - P_,,saai H coact C,. m2ass �,iert t \ $ 7-.-„e, 1 1� — �-1arcourt Ci ,1 r �a359f eroa%daia la — .� I`' i a .�.. i� '``- _.� ‘1 40UMTV c ' '1#0) r 1 1 Background • October 2020: City Council adopted group home regulations • HBZSO Section 230.28 Group Homes • Ministerial approval of any group home or sober living home serving 6 or fewer persons via Special Use Permit (SUP) • Require 1 ,000 linear foot buffer between each sober living home and/or residential care facility /�N11 N G TO ti ''' O� OPPOflAJFO ••OFF\ OOGriTy CP,11� Special Use Permit • November 2022: Applicant files request for SUP No. 22-012 • Subject property (9452 Castlegate) does not comply with 1 ,000 buffer • Not eligible for ministerial approval • Application deemed void • No further action taken ti Reasonable Accommodation • Applicants with disabilities seeking relief from strict application of the regulations of HBZSO • Requests processed as Administrative Permit • Reviewed and acted upon by Director of Community Development • Procedures and necessary findings identified in Huntington Beach Municipal Code (HBMC) Chapter 17.77 • HBZSO Section 202. 10 enables the Director of Community Development to refer matters involving development issues to the ��NTINGT..... o` `�yCOPP Uflgjf�• ;�s� i; Planning Commission Required Findings • Five required findings when considering action on reasonable accommodation requests 1. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Acts. 2. The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Acts. The request is not necessary to make such housing available to disabled individuals. The City has issued six SUPs that comply with regulations and multiple sober living beds are currently available. 3. The requested reasonable accommodation will not impose an undue financial or administrative burden on the City. 4. The requested reasonable accommodation will not require a fundamental alteration to the nature of a City program, or to the City's zoning or building laws, policies, or procedures. The request would require a fundamental alteration to the City's zoning code, in that the subject property is within 288 linear feet of a residential care facility, which does not comply with the 1,000 minimum buffer. 5. Not Applicable— Relates to housing in the Coastal Zone. ,a'oF��No PNGEo°"-- �`c� r 35 14 o =QI �S fi- :CF 11 ins \ ��_ 7 i/ Planning Commission Action • July 11 , 2023: Planning Commission voted unanimously to deny request • Property owner appealed decision to City Council on July 21 , 2023 I���tSTING„ cC • .. ocoaaoear, 1 \9qi£_"�r 'sue `r1� CO�rITV CPi\#I- PlanningCommission n a d Staff Recommendation • Deny Administrative Permit No. 22-015 • Request does not meet 2 of the 4 applicable findings for approval norAr ��11 NG 04 eh: 9 U,f _ s • ki f G� C°UNry CP;i1' .. �r _ may.— R ��yy2��e.. .$`fc 5 ' * fit^ ��'" ph,l K'SiaR AT,' # • ? ♦ rle p d 1F :�. pr t . • r,y,�,�}}• Pr ., 4 �' i h, x - ! tom. 4x .' ;r' e: as t��. �'��w..t � � - ....? . i may,,�.p d, tom s ,.a !' t k9 i••� '.° ' 4 1 ., AS T /+J �3. ry ir I, 4, ,. .,.„ ,, ,_, .„ suol sen{ From: Estanislau,Robin To: Switzer,Donna;Moore,Tania Subject: FW: Request for Continuance-Item#27 on November 7th Agenda Date: Monday, November 6,2023 5:20:06 PM Attachments: imaae001.onq SC From: Beckman, Hayden <hayden.beckman@surfcity-hb.org> Sent: Monday, November 6, 2023 5:05 PM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org>; Hopkins,Travis <thopkins@surfcity-hb.org>; Gates, Michael <Michael.Gates@surfcity-hb.org>; Hyland, Connor <connor.hyland@surfcity-hb.org>; Estanislau, Robin <Robin.Estanislau@surfcity-hb.org> Cc:Villasenor,Jennifer<JVillasenor@surfcity-hb.org>; Ramos, Ricky<rramos@surfcity-hb.org>; Hoang,Jimmy<Jimmy.Hoang@surfcity-hb.org> Subject: Request for Continuance - Item #27 on November 7th Agenda Good Evening Honorable Mayor and Councilmembers, Staff would like to advise that counsel for the appellant of Item #27 (below) has requested a continuance of this item to the next regularly scheduled Council meeting on November 21. 2023. ADMINISTRATIVE PUBLIC HEARING 27. 23-751 Appeal of the Planning Commission's denial of Administrative Permit No. 22-01 5 (Legacy Living LLC Sober Living Reasonable Accommodation) Recommended Action: Deny the appeal and uphold the Planning Commission's denial of Administrative Permit No. 22-015 with findings of denial (Attachment No. 1). Regards, HAYDEN BECKMAN Senior Planner FB Community Deveropment Deparunenr City of Huntington Beach $� 714-536-5561 Office El hayden.beckman@surfcity-itb_org www,h untingtonbeachca;gov SUPPLEMENTAL COMMUNICATION 11/07/2023 Meeting Date: 27 (23-751) Agenda Item No.; CONTINUANCE OF PUBLIC HEARING STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF HUNTINGTON BEACH ) I, Robin Estanislau, declare as follows: That I am the City Clerk of the City of Huntington Beach; that at a regular meeting of the City Council/Public Financing Authority of the City of Huntington Beach held Tuesday, November 7, 2023, said public hearing was unopened and continued to a regular meeting on November 21, 2023 at 6:00pm to Appeal the Planning Commission's Denial of Administrative Permit No. 22- 015 (Legacy Living LLC Sober Living Reasonable Accommodation; and that on Thursday, November 9, 2023 at the hour of 5:00 p.m., a copy of said notice was posted at a conspicuous place near the door at which the meeting was held. I declare under penalty of perjury that the foregoing is true and correct. Executed on Thursday, November 9, 2023 at Huntington Beach, California. ROBIN ESTANISLAU, CITY CLERK, CMC LYI by: Senior Deputy City Clerk Posted pursuant to Government Code Section 54950 g:\agendas\agmisc\Pubhear-Continued.doc FCENED Notice of Appeal to the City2ko> incil AM fit' 55 CITY CLERK CITY OF To the City Clerk of the City of Huntington Beach: 1. Notice of Appeal: Pursuant to Section 248.20 of the Zoning and Subdivision Code of the City of Huntington Beach, Legacy Living LLC hereby appeals the decision of the Planning Commission in File #23-553 denying administrative permit #22-015 (request for reasonable accommodation re dwelling at 9452 Castlegate Drive, Huntington Beach, CA 92646) to the City Council. A copy of the determination from which Legacy appeals is attached hereto. 2. Persons Appealing: • Dylan Walker, property owner, PO Box 2320, Costa Mesa CA 92628; and, • Michael Garrett, Legacy Living, authorized representative, PO Box 3911, Huntington Beach CA 92605. 3. Attorney Representatives: • Garrett Prybylo, Seyfnia & Prybylo, LLP, 633 West 5th Street, Suite 2600, Los Angeles, California 90071; Tel: (213) 770-4529; email: gprybylo@splawllp.com; and, • Christopher Branart, Brancart & Brancart, PO Box 686, Pescadero, CA 94060; (650) 879-0141; email: cbrancart@brancart.com. 4. Grounds for Appeal: The grounds for appeal include but are not limited to the following: • The City subjected the dwelling at 9452 Castlegate Dr., Huntington Beach, to municipal regulations, HBZSO 230.28 that violate state statutes, Cal. Govt. Code §§ 65008, 12955(1), 11135, 8899.50, and related federal statutes, including the Fair Housing Act and Americans with Disabilities Act; • The City failed or refused to engage in an interactive process, as -1- required under the Fair Employment and Housing Act or the Fair Housing Act prior to denying applicant's request for reasonable accommodation; • The second Finding for Denial in the Planning Commission's Notice of Action misconstrued and misapplied the necessity standard under HBMC17.77.050(B) and under state and federal fair housing laws; • The fourth Finding for Denial in the Planning Commission's Notice of Action misconstrued and misapplied the fundamental alternation standard under HBMC 17.77.050(D) and under state and federal fair housing laws; • The Planning Commission erred in failing or refusing to classify the use of the dwelling at 9452 Castlegate Drive as a "Single Housekeep Unit" or "Supportive Housing;" • The retroactive application of the City's municipal regulations, HBZSO 230.28 to the dwelling at 9452 Castlegate Drive is inconsistent with state law and the City's treatment of nonconforming uses; and, • Even.the City's regulation were valid, the records before the Planning Commission does not support the denial of applicant's request for reasonable accommodation. 5. Appeal Fee. Applicant-appellant tenders with this notice of appeal a check made payable to the City of Huntington Beach in the sum of$2,855.00. * * Timely delivered to the Clerk of the City of Huntington Beach on Friday, July 21, 2023. /s/Mic ael Garr tt Michael Garrett, Authorized Representative -2- J/ et Huntington Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92648 40; NOTICE OF ACTION July 12, 2023 Michael Garrett PO Box 3911 Huntington Beach CA 92605 SUBJECT: ADMINISTRATIVE PERMIT NO. 22-015 (LEGACY LIVING LLC SOBER LIVING REASONABLE ACCOMMODATION) APPLICANT: Michael Garrett, PO Box 3911, Huntington Beach CA 92605 PROPERTY OWNER: Dylan Walker. P.O. Box 2320, Costa Mesa CA 92628 REQUEST: To provide Reasonable Accommodation to the operator of a sober living home requesting to operate on a property that is located within 1000 linear feet of another group home or State-licensed residential care facility. LOCATION: 9452 Castlegate Drive, 92646 (Southside of Castlegate Drive, west of Bushard Street) DATE OF ACTION: July 11, 2023 On Tuesday, July 11, 2023, the Huntington Beach Planning Commission took action on your application, and your application was denied with findings. Attached to this letter are the findings for denial. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand, Eight Hundred and Fifty-Five Dollars ($2,855.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Four Thousand, Five Hundred and Eighty-Two Dollars ($4,582.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is Friday, July 21, 2023, at 5:00 PM. Excepting those actions commenced pursuant to the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org -3- Notice of Action:AP 22-015 July 12,2023 Page 2 Notice, you will be legally barred from later challenging such action pursuant to Government Code§66020. If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Hayden Beckman, the project planner, at (714) 536-5561 or via email at hayden.beckman@surfcity-hb.org, or the Community Development Department at (714) 536-5271. Sincerely, Ursula Luna-Reynosa, Secretary Planning Commission (17 Matthew Schneider, Planning Manager ULR:MS:HB:kdc Attachment Findings For Denial—AP 22-015 c Honorable Mayor and City Council Chair and Planning Commission Al Zelinka, City Manager Ursula Luna-Reynosa, Director of Community Development Tim Andre, Fire Division Chief Mike Vigliotta, Chief Assistant City Attorney Bob Milani, Principal Civil Engineer Jasmine Daley, Building Manager Hayden Beckman, Senior Planner Property Owner Project File -4- ATTACHMENT NO.1 FINDINGS FOR DENIAL • ADMINISTRATIVE PERMIT NO. 22-015 FINDINGS FOR ADMINISTRATIVE PERMIT NO.22-015: 1. The City recognizes that the housing that is the subject of the request for reasonable accommodation will be used by individuals protected under the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act. 2. The Planning Commission finds that the request is not necessary to make such housing available to disabled individuals, as defined by state or federal law. To date, the Cityy has approved six Special Use Permits for sober living facilities that comply with the regulations of the Huntington Beach_ Zoning and Subdivision Ordinance (HBZSO), and upon full implementation of the requirements of the HBZSO, many more will also be available_on properties that received City approval to operate. Furthermore, an online search and contact of advertising facilities identifies that multiple sober living beds are currently available for disabled persons within the City. Therefore, the request'for reasonable accommodation is not necessary to make such housing available to a disabled individual, as defined by state or federal law. 3. The Planning Commission finds the requested:reasonable accommodation will not impose an undue financial or administrative burden on the:City. 4. The Planning Commission finds the reasonable accommodation would require a fundamental alteration to the nature of a City program or to the City's zoning or building laws, policies, or procedures because the operation of the subject sober living home is within the minimum one thousand (1000)foot buffer from an operating Group Home, Sober Living Home,'or Residential Care Facility, as classed by the Huntington Beach, Zoning and Subdivision Ordinance (HBZSO). The City seeks to ensure that disabled persons recovering from addiction can reside in a comfortable residential environment versus in an institutional setting.The subject sober living home is in such close proximity (60 linear feet) that it does not provide the disabled resident.with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. As such, the request.would result in an overconcentration, and accommodation would require a fundamental alteration to the nature,of the City's zoning laws and modification of the policy intent behind regulation. G:\PCWOA\231071123 AP 22-015(Legacy Living Sober Facility) Attachment 1.1 -5- II O` �,,,t. OflATFO R iii`t • . F'V i CASH RECEIPT 1� Yrxi 1 CITY OF HUNTINGTON BEACH irk�'%,,,,,..,,ba,, `=i� P.O. BOX 711 � 1/42G''' _:' R,....... . ,,\. 1$ HUNTINGTON BEACH, CALIFORNIA 92648-0711 couNTV CP�rl� www.huntingtonbeachca.gov/payments DATE Issuing Dept. , ' ' l r 1� Dept. Phone# ( '/ ) -;2(.! - FUNDS RECEIVED FROM I) iI Ci'1 Qp ` (.•arIe+-- , Lec C t t I✓Ir i ,1 ADDRESS �Q C°y, ng1I /47;,,t_-. ;rtr'r i P*,,•(,,{tri ()A IPit05 Phone#: ,1 q )2 7 fr{-��el/t FOR r i L:iit K+t. r 1 TT^f ,..)e. :"1,-:', ().1 (Laic c k / t 0 onev 1.-t-C') AMOUNT RECEIVED O Cash Q Check# 1 ''P.t) 7? 0 Credit Card $ '3 R.5 • [0 Prepared Received qq-�/ Finance By By 1' 1 Approval IF OBJECT= 50000 THRU 90000, FINANCE APPROVAL REQUIRED Approval Date Business Unit Object Subs Sub-Ledger I Type • • • • • • • TOTAL $ Stamped Validation Only Please do not write in the box below No. 1339090 ISSUING DEPARTMENT COPY a:r tag,, ,&G 4H�,xr.. '•>'a�..Ti r > li —-- _ .m.,nslk��..y%ar,2€�Yr�k�F�7,�.ut"�iYF-7.� A��+�� [� r. ..:."t?�1,f5{�,� q sfecr,5f�w ' C�u'rv,�'s,5a"� 1arcrohi..s�Asdxaw:.lmm+ea�iwnyn �Ffi 7Hny i'r�� 1:.y4;,t A1::�rPF,rl3 3 '3S "lkle4* 0207 LEGACY LIVING HOMES LLC 11111111.11 DATE - 7 / ^2,3 .7.2,3222 C °-I-y or 14v ; 1 ge.ac-in r PA , $ Z sO,Y TOTTHEO,•latexo a 3 5� 0 Twoo0S E-i54 /4-L-A4e �j now CHASE 0 /� JPMorgan Chase Bank,NA J FOR PDpeGl-1l �M;� �('r-14- 1 )o • Z 2-015 1 nT . I-