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HomeMy WebLinkAboutCC RES 02-14 RESOLUTION NO. 02-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION DENYING USE DETERMINATION NOS. 00-001 AND 00-002 AND DETERMINING THAT THE USES AT 14511 AND 14512 CARFAX DRIVE ARE NOT APARTMENT HOUSES AND ARE BOARDING HOUSES WHICH REQUIRE APPROVAL OF CONDITIONAL USE PERMITS SUBJECT TO SECTION 9228(b)(5) OF THE TUSTIN CITY CODE The City Council of the City of Tustin does hereby find as follows: A. That applications, Use Determination Nos. 00-001 and 00- 002, were filed on February 17, 2000, by Marc Kassof requesting a determination that the uses at 14511 and 14512 Carfax Drive (Lots 14 and 15 of Tract 5028) are apartment houses. B. That the properties are located within the "Suburban Residential" zoning district and "High Density Residential" land use designation of the General Plan. C. That pursuant to Sections 9228(a) and 9298(b) of the Tustin City Code, the Planning Commission is authorized to determine whether uses are similar in character to the permitted and conditionally permitted uses of a particular zoning district. D. That on March 12, 2001, the Planning Commission denied Use Determination Nos. 00-001 and 00-002 by adopting Resolution No. 3772. E. That on March 15, 2001, the applicant appealed the Planning Commission's decision. F. That a public hearing on the appeal was duly called, noticed, and held on April 16, 2001, by the City Council and continued to July 16, 2001, October 15, 2001, and February 4, 2002, at the request of the appellant. G. The City Council has considered the Planning Commission staff report dated March 12, 2001, the minutes of the March 12, 2001, Planning Commission meeting, Planning Commission Resolution No. 3772, the City Council staff report dated March 4, 2002, and the evidence and testimony presented at the public hearing held on March 4, 2002. Resolution No. 02-14 Page 2 H., That the uses that have been established at 14511 and 14512 Carfax Drive are not consistent with the definition of an apartment house for the following reasons: I. The use of the property is inconsistent with the definition of an "Apartment House" which is a building, or portion thereof, designed and built for the occupancy of three (3) or more families living independently of each other. A family is an individual or two (2) or more persons living together as a single housekeeping unit in a dwelling unit. 2. Each dwelling unit at 14511 and 14512 Carfax Drive is used and occupied in a way that accommodates eight (8) persons who are individually and separately responsible for the payment of rent. In addition, each person/resident is individually responsible for complying with the rules of the house. 3. Although residents would share bedrooms and dwelling units, the eight (8) individuals in each unit would function independently and would not comprise a single housekeeping unit since they would reside at the properties for various lengths of times and pay rent as separate individuals. 4. Each resident would be solely responsible for abiding by the terms of residency, including remaining sober, participating in drug testing, observing curlew, performing chores, and cooking his own food. 5. An individual could be expelled for non-compliance with the terms of residency without an eviction process or affecting the residency of any other individuals in the same dwelling unit or bedroom. 6. To meet the definition of an apartment house, a single individual or family functioning as a single housekeeping unit would need to inhabit each dwelling unit. I. That the uses that have been established at 14511 and 14512 Carfax Drive are consistent with the definition of a boarding house and constitute boarding house uses within the definition and meaning of the City's ordinances. Boarding house uses are permitted in the zoning district applicable to the subject properties, subject to the approval of a conditional Resolution No. 02-14 Page 3 use permit in accordance with Section 9228(b)(5) of the Tustin City Code. Under the City's land use regulatory program which would be applicable to the subject properties: I. Lodging would be provided for compensation for more than three (3)individuals on each property, each dwelling unit, and each bedroom consistent with the definition of a "Boarding House" which states, "A dwelling other than a hotel or motel, where lodging and/or meals for three (3) or more persons is provided for compensation." In addition to a resident manager, a total of four (4) single beds could be provided in each room, eight (8) single beds could be provided in each dwelling unit, and thirty-two (32) single beds could be provided in each four-unit complex. Residents would not be entitled to use garage spaces; residents could be able to rent garage spaces under separate financial arrangements. 2. Residents could be supervised in a structured living environment which includes signing an agreement to remain sober during their length of stay, participating in mandatory periodic off-site drug testing, observing a 10:00 p.m. curlew; agreeing to having no visitors, allowing searches of personal property, performing house chores, buying and cooking their own food, and other types of rules. Residents would not select their bed assignment nor select other individuals to reside with in a room or unit. Female residents could be excluded from residing at these properties. Although this type of occupancy may be found in boarding houses, individuals or families residing in apartment houses and acting as single housekeeping units are not typically subject to such restrictions or limitations. 3. Residents would reside at the properties as independent persons and would not form single housekeeping units. Although residents could be required to perform house chores, they could buy and cook their own food and operate as individuals rather than as single housekeeping units. All of the residents could reside within a particular dwelling unit or property for various lengths of time under separate agreements, pay rent as individuals, and individual residents could be asked to leave for non-compliance with the terms of residency without initiating an Resolution No. 02-14 Page 4 eviction process or affecting the residency of other individuals in their unit. The actions of each resident would affect only his or her residency, and an on- going turnover of individuals is customary. 4. The desired residents are individuals who wish to remain sober and are willing to share bedrooms with others; families have been asked to move out of the properties. Females are referred to other housing opportunities. In December 1999, families who had lived in Units C and D of 14511 Carfax Drive and Unit A of 14512 Carfax Drive were told they would need to find other housing. Managers of apartment houses typically contract with individuals regardless of gender, and families as desired tenants for separate dwelling units. 5. Although the application indicates that the rent would be $1,600.00 for a two-bedroom unit and $1,800.00 for a three-bedroom unit, the applicant has indicated in the past that residents would pay approximately $400.00 per person per month and staff has learned that some individuals have paid $15,000.00 for a 90- day term in rent for the use of a single bed and common areas. The Sober Living Rental Agreement indicates that each individual would pay $500.00 per month. The amount of rent for some individuals may exceed the average market rents in Tustin which are approximately $400.00 to $500.00 for the use of an entire bedroom with kitchen privileges and $1,251.00 per month for a two-bedroom, two-bathroom unit and $1,641.00 for a three-bedroom, two-bathroom unit (per the Preliminary Draft Housing Element Technical Memorandum). In addition, insurance coverage would be accepted as compensation which is not typically accepted for apartment rental payments. 6. There is an off-site commercial component that is integral to the uses at 14511 and 14512 Car[ax Drive. The office located at 14151 Newport Avenue is used as a point of mail collection for residents, as a counseling center for the residents of 14511 and 14512 Carfax, and as a management office for these properties. Residents of 14511 and 14512 Carfax Drive are required to receive their mail at 14151 Newport Avenue to avoid the risk of receiving drugs through the mail. Counseling and drug testing are Resolution No. 02-14 Page 5 terms of residency for individuals residing at 14511 and 14512 Carfax Drive. Off-site mandatory mail service as well as social and medical services are not typically associated with apartment houses in which individuals arrange their own mail service and establish and maintain their own social and medical services. J. Section 9298 of the Tustin City Code requires the approval body to consider the effect upon the public health, safety,and general welfare of the neighborhood involved and the City at large; the effect upon traffic conditions; and the effect upon the orderly development of the area in question and the City at large, in regard to the general planning of the whole community. A total of 32 persons living independently within a building designed to accommodate multiple families has the potential to impact the welfare of the neighborhood on Carfax Drive with increased activity, noise, and traffic. A concentration of these uses at two separate properties has the potential to erode the character of the multiple family residential neighborhood existing on Carfax Drive and nearby streets. Since boarding houses are necessary components of a City's housing stock yet have the potential to adversely affect the public health, safety, and welfare, the City Council, through Ordinance No. 1225, has deemed that boarding houses should be conditionally permitted. Conditional use permits provide for reasonable conditions of approval that mitigate the negative impacts of uses. K. That the project is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15270 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) which states that projects that are rejected or disapproved by a public agency are not subject to CEQA. The City Council hereby resolves as follows: I. The applications for Use Determination Nos. 00-001 and 00- 002, requesting that the uses at 14511 and 14512 Carfax Drive be determined to be apartment houses, are hereby denied. 2. The Council's action denying applicant's applications for use determinations should not be viewed as a denial of any applicable entitlement to accommodate the applicant's proposed used of the property. In denying the use Resolution No. 02-14 Page 6 determinations and concurring with the Planning Commission to deny the application, Council has also recognized that the applicant has the right to file applications for conditional use permits to use the subject properties as boarding houses to accommodate his proposed use of the properties. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 4th day of March, 2002. Pamela Stoker City Clerk Je~fe~V M/Thomas Mayor STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 02-14 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 02-14 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 4t~ day of March, 2002 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Thomas, Worley, Bone, None None None Doyle, Kawashima Pamela Stoker, City Clerk