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Home My WebLink About03 PUBLIC COMMENTS - NOT IN FAVOR ITEM #3 CUP 2017-15 MENTAL HEALTH OUT-PATIENT CRISIS FACILITY PUBLIC INPUT MlMTV, e OF THE PROJECT (Note: In order to prepare for PC meeting set up, last email correspondence collected was 5pm on 9126117. Any email correspondence collected after 5pm will be added to the official file.} Tiscareno, Vera From: Demkowicz, Erica Sent: Tuesday, September 26, 2017 4:44 PM To: Ana Aguayo Cc: Binsack, Elizabeth; Milkom, Justina, Tiscareno, Vera Subject: RE: Crisis Center Hello Ana, I am in receipt of your e-mail and it will he added to the public record. Regards, Erica H. Demkowicz, AICP Senior Planner City of Tustin -Community Development Department 300 Centennial Way Tustin, CA 92780 (714) 573-3127 edemkowicz@tustinca.org From: Ana Aguayo [mailto:anacraiab[yant@gmail.com] Sent: Tuesday, September 26, 2017 4:21 PM To: Demkowicz, Erica Subject: Crisis Center llcllo. I undcl-stand the need lur a Crisis center. but there is a need to consider location. This is too close to homes and should be M OVC 10 an industry/corporate area. We have homeless individuals usinu, Lone Star as a temporary shelter very close proximitti to the building proposed for the crisis center. Please consider other options. Sincerely, Bryant Family t Beier, Samantha From: Rita Schrank <nonnirita@sbcglobal.net> Sent: Tuesday, September 26, 2017 334 PM To: TustinPlanning Subject: TustinPlanriing@tustlnca.org Follow Up Flag: Folfow up Flag Status: Flagged I am unable to attend this evening's meeting, but would like to make a statement. While I want to be compassionate, I also want to be safe and therefore oppose the proposal to allow a mental health assessment facility at Packer's Square shopping center. I would have less opposition if the hours were the same as the other businesses located on that property. I'm just not comfortable with people wandering around late at night or early morning hours. Rita Schrank 1115 Packers Circle Unit 90 t Beer, Samantha From: mifoengCo aol.com Senn: Tuesday, September 26, 2017 3:33 PM To: Dernkowicz, Erica; Murray, Al,- Bernstein, Allan; Gomez, Rebecca; Puckett, Chuck; Clark, Letitia; CityManager; Building Tech; TustinPlanning; City Clerk Subject: Subject: Conditional Use permit 2017-15 Follow Up Flag: Follow up Flag Status: Flagged Please don't screw up our city with this facility I am a USMC veteran and my wife and I are raising 3 boys near this facility. I hope you put us and our neighbors ahead of the money this might bring in to the city. I thank you in advance for doing the right thing and saying "NO" to the zoning change required to let this place be built. They will find a better place to build this facility Raymond Hofer Tustin,CA 714-669-8677 1 Tiscareno, Vera From: Demkowicz, Erica Sent: Tuesday, September 26, 2017 320 PM To: ryan pelkey Cc: Oinsack, Elizabeth; Willkom, Justina; Tiscareno, Vera Subject: RE:Crisis Unit Concerns Hello Ryan, I am in receipt of your e-mail and it will be added to the public record. Regards, Erica H. Demkowicz, AICP Senior Planner City of Tustin - Community Development Department 300 Centennial Way Tustin, CA 92780 (714) 573-3127 edemkowiez@tustinca.or From: ryan pelkey [mailto:turboman1747Cagmail.com] Sent: Tuesday, September 26, 2017 3:07 PM To: Demkowicz, Erica Subject: Crisis Unit Concerns Dear Nis. Demko%%icz. c �%! t:ag to c\press m% :I-oncern over the proposed crisis unit in Packers Square. I do not support your proposed rezoning in order to a11ow to '.YCr.It in t�w ciry of Tustin, I ani looking furward to attending the planning meeting tonight to express my concerns in person. I h,,p �ou �N iii thiti proposed rezoning. 1 Tiscareno, Vera From: Patrice Porter <pporter@ccroslaw.com> Sent: Tuesday, September 26, 2017 3:17 PM To: Tiscareno, Vera Cc: Christian E. Bredeson; Nicholas J, Capiin; Michael J. Lowell Subject: Planning Commission meeting 9-26-17 Attachments: LT to City in opposition to Conditional Use Permit.pdf Attached please find a letter of Opposition to Conditional Use Permit (CUP 2017-15) Respectfully submitted, Patrice Porter Legal Assistant T: 714-823-4100 F: 714-823-4101 pporter@ccroslaw.con7 ,..-�E14s.4: 4i n X11 � COLLINS COLLINS MUIR STEWARTILP was: It_.W.UPJEYs AT LAW �. 17Qe:i;ai 1999 Harrison Street 1100 EI Centro Street 750 The City Drive 2011 Palomar Airport 10681 Foothill Blvd Suite 1700 South Pasadena,CA Suite 400 Road Suite 260 Oakland,CA 94612 91030 Orange,CA 92868 Suite 207 Rancho Cucamonga, T:510-844-5100 T:626-243-1100 T:714-823-4100 Carlsbad,CA 92011 CA 91730 F:510-844-5101 F:626-243-1111 F: 714-823-41.01 T:760-274-2110 T:909-581-6100 F:760-274-2111 F:909-581-6101 www.ccroslaw.com PLEASE NOTE:The information contained in this e-mail transmission is intended to be sent only to the stated recipient of the e-mail. 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CA 91730 (909) 681-6100 ) FAX (909) 581-6101 WWW.CCI.ISLAW.COM 'i�lesse respond to this office September 26, 2017 City of Tustin Planning Commission 300 Centennial Way Tustin, CA 92780 ' Re: Conditional Use Permit 2017-15 To the esteemed members of the City of Tustin Planning Commission: Please accept this correspondence as Village Homes at Tustin Home Owner's Association ("Village Homes") opposition and objections to the.granting of Conditional Use Permit ("CUP") 2017-15 for 13132 Newport Avenue, Tustin, CA 92780 ("Packer's Square"). The purpose of this letter is to inform the Commission of the legitimate and significant concerns of neighboring land owners and to advise the Commission on matters of safety, noise, and the corresponding diminution in property values if the proposed new use is permitted. Village Homes requests that the Commission deny CUP 2017-15. EXECUTIVE SUMMARY On September 26, 2017 the Planning Commission ("Commission") will hold the public hearing regarding the aforementioned CUP. The applicant for the CUP St. Joseph Hospital, seeks to lease the bottom floor of an existing medical office building to Exodus Recovery Inc. to establish a 2417 mental health out-patient crisis service facility. "Crisis" is an appropriate term to describe the facility, because if the CUP is granted as proposed, the nearby childcare facilities, residential communities, and shopping centers will be faced with a plethora of concerns that threaten to turn their nook of Tustin into a veritable crisis. Village Homes is a private residential community comprised of 124 homes. It is located within 200 feet of the proposed crisis service facility. Village Homes prides itself on being a family centric City of Tustin Planning Commission September 26, 2017 Page 2 :community, regarded for its clubhouse,pool, spa and other family friendly amenities. As such, the placement of a 24 hours a day, 7 days a week "crisis" center nearby is of concern to Village Homes and its residents. Placement of such a facility will decrease the overall safety of the community and irreparably diminish the property values of its homeowners. 4;,.. " �� ` °•,�. ,,, +rte 1 02 UJO 40, �,� 4-�M�*!',� ew .� f;'j,' f'_'. �'�# _F-. • �y Lit. � ,� � fit. l .. =� �� .r ❑ fir' ,r.� W��.�� *� ►�i� u•- As-the Commission is aware, it must determine whether or not the proposed use will be detrimental to health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood and whether it will be injurious or detrimental to property or-improvements in the vicinity or to the welfare of the City. As such, herein Village Homes will first explain why the applicant requires the CUP, and why the permit sought is at conflict with previous CUPs granted for the property. Village Homes will then outline the reasons that it should be denied, including, without limitation, the following: 1) the safety of the City of Tustin's residents; 2) the facilities detrimental effect on property values and business in the neighborhoods; 3) the submitted Parking Demand Analysis grossly underestimates the proposed facility's effect on parking at Packer's Circle and does nothing to evaluate traffic; and 4)the 2417 use will substantially increase noise that will negatively affect the comfort and welfare of Village Home residents. City of Tustin Planning Commission September 26, 2017 Page 3 THE PROPOSED FACILITY AND ITS NONCONFORMANCE WITH CUP 94-15 AND CUP 2015-27 St. Joseph is requesting authorization to lease out and establish a 2417 mental health out-patient crisis service facility within an existing medical office building at Packer's Square. The building currently contains four suites with two dental offices, a surgery center, and a medical/financial office. The proposed crisis center will occupy a portion of one of the four Packer's Square buildings which altogether total 48,408 square feet with 269 shared parking spaces. Although the project does not require any improvements to the exterior of the building, it does require approval based on two previously issued CUPs. First is CUP 94-15 (attached to Community Development Department's Agenda Report ["Agenda Report"] as Attachment G) which established a maximum allowance of 31,743 square feet of office area, which included medical uses, within Packer's Square. Most importantly, CUP 94-15 also established business hours of operation from 7:00 a.m. to 7:00 p.m. for weekdays. This issue comes before the Commission partially because of the request to drastically depart from what is currently allowed: changing the permissible hours of operation from 12 hours a day during weekdays only, to 2417 availability. By seeking a change to the currently permissible hours of operation, the CUP is proposing to double the activity, noise, and impact on its surrounding neighbors. The conditions of CUP 94-15 have been in place for 23 years. Operating a business from 7 a.m. to 7 p.m., five days a week, is completely reasonable given the surrounding residential neighborhoods, and quiet, safe demeanor of Tustin as a whole. An extreme departure from this condition, such as 2417 operation, should be enough to demonstrate to the Commission that the intended use of the facility is too far removed from what this Commission has previously deemed acceptable, and detrimental to the comfort and general welfare of the persons residing in or working in the neighborhood. Further, implantation of such a 2417 business will greatly depreciate the value of the surrounding properties. The second condition which triggered the Commission's review of this proposed project stems from CUP 2015-27, which authorized a reduction of off-street parking requirements though joint use/shared parking to accommodate the conversion of up to 6,700 square feet of office space to retail and restaurant uses within Packer's Square. Condition 2.1 of Resolution No. 4302 (see Attachment H of the Agenda Report") requires any reduction of on-site parking or change of tenant spaces/uses shall be reviewed and approved by the Community Development Department. Thus, the applicants completed an additional parking study, but as discussed in detail below, the Parking Demand Analysis (prepared by Linscott Law & Greenspan Engineers), the application, and the Agenda Report, all rely on faulty assumptions in order to come to the conclusion that there will be no substantial affect to the parking situation. City of Tustin Planning Commission September 26, 2017 Page 4 THE CREATION OF A REVOLVING DOOR OF DRUG ADDICTS AND MENTALLY UNSTABLE CLIENTS PUTS VILLAGE HOME'S RESIDENTS IN DANGER As articulated above, some of the Commission's chief concerns when evaluating a project such as this are the health, safety, and general welfare of the persons residing in or working in the neighborhood. On its face, the proposed installation of a"crisis" facility threatens all persons residing nearby, including the residents of Village Homes. The applicant anticipates 16-20 clients per day with average stay times of 7 hours. As a"crisis" center, the proposed facility's clients will be those suffering from various, potentially dangerous, ailments. While Village Homes is sympathetic to the demographic that the applicant wishes to serve, it also places the health, safety, and welfare of its residents as its primary concern. As such, the creation of a 7 hour revolving door of drug addicts and mentally unstable clients within 200 feet of Village Homes' main gate will put its residents in danger. It is clear that the Commission also recognizes the increase in danger to the surrounding community as it has proposed conditions in the Agenda Report that requires the proposed facility to have two security guards working at all times on the property. (Agenda Report Attachment I Condition 2.2). ` Thus, the applicant and the Community Development Department recognize that the clientele of the proposed facility represents a danger. However, while the ascription of two security guards may help protect the facility from the dangerous clientele harming persons or property at the facility, the two guards will do nothing to protect the Village Homes' residents or their property, and seems to be the bare minimum in terms of protecting the applicant's property: Packer's Square. Are the security guards obligated to follow those who immediately flee prior to discharge or leave after discharge? What happens when two clients run off in opposite directions? What happens when a client takes a short 200 foot walk into Village Homes? It would seem that the answer to all of these questions lends to the fact that the two security guards do something to protect Packer's Square, but nothing to protect the surrounding neighborhood. For this reason, Village Homes believes that this Committee must reject CUP 2017-15, or at least require that the applicant provide further security whose duty it is to protect Village Homes' residents. Further, Condition 2.12 of Attachment I to the Agenda Report outlines another potential problem: All patients that are admitted to the facility must be discharged before being released. Once released, transportation will be arranged by the facility for a safe transfer to either an affiliated facility, home to family members or other discharge location. Homeless clients will be offered the same services and assistance as other patients and will be linked to providers, transitional and permanent housing and shelters. City of Tustin Planning Commission September 26, 2017 Page 5 This condition is insufficient for two reasons: 1) "other discharge location" is far too vague and can impliedly allow that the facility's clients end up discharged at random locations, or that they are simply left to their own devices outside of'the facility (and within 200 feet of Village Homes); and 2) that homeless clients will merely be"offered the same services and assistance as other patients." By offering, and not mandating, that homeless clients by transported off the premises,the applicant all but guarantees that the area will be inundated with a substantial increase of homelessness. Homelessness is a known danger and blight on a community, and St. Joseph's is proposing to import this problem to the quiet neighborhood of Village Homes. Thus, for the aforementioned reasons, Village Homes requests that the Commission deny CUP 2017-15. Alternatively, Village Homes postpone the approval of the CUP and require additional conditions that adequately protect the residents of Village Homes. THE PROPOSED FACELITY WILL NEGATIVELY Il"ACT NEARBY BUSINESSES Additionally, the report fails to properly anticipate the impact on nearby businesses and ignores the fact that homeless, drug addicted, and mentally unstable patients will deter customers from shopping nearby businesses. As outlined above, the safety of nearby business patrons will be placed at risk by the potential loitering of patients in and around Packer's Circle. While the proposal forbids loitering outside its premises, which will be enforced by the security guards, this does nothing to prevent loitering in the surrounding area. This will place the patrons of the local restaurants to wade into dangerous situations in order to eat, shop, or take a walk around the neighborhood. Furthermore, the potential loitering of mentally unstable and/or drug addicted former patients will create a negative reputation of the area, which may ultimately result in an effectual ban on the acquisition of new customers. Even assuming the customer base isn't completely eviscerated, it can almost be guaranteed that an influx in homeless, drug addicted, and mentally unstable persons will impact the volume of patrons shopping at these businesses and therefore, their sales. Further still, within a half mile of the proposed crisis center there are a number of pre-schools and day cares, including Monica's Day Care, Aldersgate Children's Center, Toni's Day Care, and St. PauI's Pre-School Tustin. Placing this center within half a mile and introducing drug addicts, mentally unstable, and/or homeless persons near children puts their safety at risk. In effect, the approval of CUP 2017-15 disregards the safety of this community's children. Once again, Village Homes is sympathetic to the mentally ill and drug addicted, but believes that Packer's Square is not the appropriate location for such a facility. St. Joseph's already operates other 2417 facilities in the area, including St. Joseph's Hospital, which would be more appropriate locations for the proposed facility and would not result in changing the character of the neighborhood. City of Tustin Planning Commission September 26, 2017 Page 6 As such, the Committee should deny CUP 2017-15 because of its potential negative impact on local businesses. THE CRISIS CENTER WILL SEVERELY OVERBURDEN THE AVAILABLE PARKING AT PACKERS CIRCLE AND WILL NEGATIVELY AFFECT THE NEIGHBORHOOD'S TRAFFIC The Committee should deny CUP 2017-15 because the Parking Demand Analysis submitted in support thereof is based on invalid assumptions contained in the operational characteristics for the proposed use, and grossly underestimates the overburdening effect the proposed Crisis Center poses to Packer's Circle, which Village Homes owns. The assumptions contained within Attachment C (the operational characteristics for the proposed center) of the Agenda Report states that patients will be accepted by "walk in or ambulance transfer only." However, the applicant and Community Development Department directly contradict this in both the Agenda Report and Attachment D thereto. These documents state that the Crisis Stabilization Unit "accepts clients directly from law enforcement, community hospitals and emergency departments, mental health agencies, physical health clinics, self-referral walk-ins, and faith-based organizations." (Agenda Report Attachment D). This complete description of how clients will be accepted shows that the that the "16 to 20 clients per day" assumption stated in Attachment C, is flawed and inaccurate because the assumption does not accurately take into account all anticipated avenues through which the proposed crisis facility will receive its clients. This is highly problematic because the inaccuracies in these assumptions were used as a basis of evaluation in the Revised Parking Analysis (See Agenda Report Attachment E. pg. 3). As stated in the Agenda Report,Packer's Circle already lacks the required 282 parking spaces per the Tustin Municipal Code. It provides only 269 spaces. The CUP's speculative and inaccurately assumed number of clients simply fails to properly anticipate the true impact at parking. The analysis claims that during peak parking there is a surplus of 52 spaces during the week and 75 spaces during the weekend. The report goes on to claim that parking on site will be able to accommodate the occupancy of the 7,600 square foot Crisis Center. However, the Parking Analysis severely under-estimates the amount of parking required for the crisis center because it is based on a faulty assumption of the average amount of clients per day outlined above. In Parking Demand Analysis Figures 4 and 5, it is estimated that the facility will require 22 spaces at peak hours (based on the operations characteristics outlined in Attachment Q. As stated above, this assumption is flawed because it fails to take into account the fact that the applicant-intends for clients to be received through law enforcement, religious based organizations, mental health facilities, community health facilities, emergency rooms and mental health agencies. Additionally, it fails to estimate the amount of spaces that could be anticipated from family members, concerned friends, and others who may attend to assist clients with treatment. These City of Tustin Planning Commission September 26, 2017 Page 7 deficiencies quickly diminish the number of"surplus" parking spaces and improperly assume a smaller impact on the already deficient number of parking spaces available in Packer's Circle. Furthermore, the Parking Demand Analysis fails to take into account the additional vacant area of 11,516 square feet, which will be used for"a mixture of retail uses and/or restaurant/food services." (Agenda Report, pg. 6). Once the remaining vacancies in the building become filled, it is clear that the parking at Packer's Circle will be greatly overburdened by the proposed crisis center. Additionally, it should be noted that CUP 15-27, which approved use for a new restaurant in this same property, also did not meet the Tustin Municipal Code requirements for parking for an establishment of its size. By granting this permit, the Commission will further deviate from the parking requirements outlined in the Code, and will negatively impact available parking for Village Homes' residents. Further still, the Parking Analysis does not take into account the fact that Village Homes residents commonly use Packers Circle as excess parking for their vehicles and the vehicles of their guests during periods of overflow. This existing use already further depletes the"surplus" parking spaces proposed in the Parking Analysis. Also, Village Homes recently approved the removal and replacement of the street for$58,910 just last month, necessitated by the use of the Village Homes private road by patrons of Packers Circle. This increase in use will result in additional wear and tear to the road and at the very least a condition of CUP 2017-15 should require payment to Village Homes for the damage Based on all the foregoing, it is clear that the Parking Analysis is deficient and based on the flawed assumptions in Attachment C of the Agenda report because it fails to take into account an accurate prediction of the influx of vehicle traffic to Packers Circle. As such, the Committee should deny CUP 2017-15. NO TRAFFIC STUDY WAS CONDUCTED, REQUIRING DENIAL OF THE CUP Furthermore, the proposed CUP does not address the impact on traffic for the area because the applicant has not performed any traffic study. The aforementioned influx of large emergency and law enforcement vehicles will detrimentally affect the traffic in the area. Also, the traffic caused by the facility's clients and their family members will further inundate the area. The effect of this traffic will severely and disproportionately affect the residents of Village Homes because this traffic will primarily increase on the private road with access to Packer's Circle. In fairness to Village Homes and the existing neighborhood, the Commission should 'insist the applicant conduct a traffic study with realistic assessments of the impact this facility will have on the community. The study should analyze cars for employees, clients, family/loved-ones, emergency medical personnel, law enforcement and the additional anticipated traffic associated with the new restaurant. At this time it is impossible to ascertain the impact on nearby traffic because the City of Tustin Planning Commission September 26, 2017 Page 8 applicant has not provided a traffic study and since receiving notice, Village Homes Tustin has not had the time to analyze this impact. As such, the Committee should deny CUP 2017-15 because of the impact on traffic for Village Homes entrance, or at the very least allow time for the applicant and Village Homes to ascertain that the impact of the anticipated increase in traffic. THE PROPOSED USE WILL INCREASE NOISE AT ALL HOURS OF THE NIGHT IN A RESIDENTIAL AREA The Agenda Report states that the proposed crisis center will cause limited impacts to the surrounding areas and be relatively quiet. However, this mere assumption is not based on any concrete evidence because no Preliminary Noise Analysis has been performed by the applicant or considered by the Commission. Village Homes' residences are accessed through a private road at the intersection of Irvine Boulevard and Packer's Circle. Halfway down this road is the driveway entrance to Packer's Square. This road is the easiest to access to Packer's Square and will undoubtedly be used to access the proposed facility. As such this means that this, a private road owned by Village Homes, will become congested by transportation for patients of this revolving door treatment facility. The Agenda Report explains that based on the Applicant's representations, the increased traffic from emergency vehicles, such as ambulances, will not have an effect because they will not be using lights or sirens during transport to the facility. However, this assumes that the ambulance or police transports for the patients will not leave the premises for emergency purposes. The reality of this situation is that these emergency vehicles taking the clients to the facility, at all hours of the day and night, will inevitably cause severe noise and have a drastic change in the environment for Village Homes residents, who are located a mere 200 feet from the main entrance to the facility and whose entrance road will be used by the constant occurrence of emergency vehicles, speeding off for their next response with lights and sirens at all hours of the day and night. Condition 2.9 of Attachment I to the Agenda Report requires no Ioitering to be permitted outside the facility at any time. This is wholly inadequate to prevent noise. As explained in more detail in the section of this letter regarding the safety of the Village Homes Community, merely providing that no loitering will occur outside the facility simply pushes the problem into the community. , For example, abutting the center and directly behind the Village Homes Community is an alley way with loading bays for other businesses as shown below: City of Tustin Planning Commission September 26, 2017 Page 9 .L P5k�`•-w F es. r_ VSs[. �W � n SF ! - •:7: r► J• i r �x fit �T".- �} • Al 74 By simply forbidding loitering outside the facility, the Crisis Center simply pushes the problem into locations such as the alleyway behind the Village Homes, moving the potential noise of the homeless and vagrant clients of the proposed facility closer to the residents of Village Homes. These noise impacts are in violation of the City of Tustin's policies regarding noise that must be considered in the planning of commercial projects: NOISE AND LAND USE PLANNING INTEGRATION Consideration of the effects of noise early in the land use plaluung process canminiuuze or avoid detrimental impacts. GOAL 2: Incorporate noise considerations into land use planning decisions. Policy 2.1: Adopt planning guidelines that establish acceptable noise standards for various land uses throughout the Tustin Planning Area. Q'rY OP Tu= NOM ELEhiII,Fr GENERAL PLAN 9 NOVEMBER 24,2012 r City of Tustin Planning Commission September 26, 2017 Page 10 Policy 2.2: Apply Elie state's noise insulation standards to the conver- sion of existing apartments into condominiums wherever feasible. +Policy 2.3: Use noise/land use compatiUilit},standards as a guide fort t,fut 4je plaxu�ing and developu� - iPoiicy 2.4: Review proposed projects in terms of compatibility'A ithl 'nearby noise-sensitive land uses udth tlne intent ox reducing noise; i, innpacts �. -- r Policy 2.5:Require new residential developments located in proximity ' to existing commercial/industrial operations to control residential interior noise levels as a condition of approval. Policy 2.6: Require that commercial uses developed as part of a mixed-use project (with residential) not be noise intensive. Design mixed-use structures to prevent transfer of noise from the conunercial to the residential use. Policy 2.7: Require.new commercial/industrial operations located Iproxiunity to existing or proposed residential areas to-incorporate ixioise nutigation iuito project designj In the General Plan, Noise and Land Use Planning Integration Policy No. 2.4 states that a review of proposed projects should be evaluated in terms of compatibility with nearby noise-sensitive land uses with the intent of reducing noise impacts. Here, Village Homes is a community located a mere 200 feet from the proposed facility, comprised of families from all walks of life, including retirees and families with young children. Introduction of emergency vehicles and vagrant homeless clients, on a pervasive and intrusive 24/7 basis, into this community completely disregards the Policy to prevent noise impacts on the daily lives of Village Homes' residents. Furthermore, Noise and Land Use Planning Integration Policy No. 2.7 requires new commercial operations located in proximity to existing residential areas to incorporate noise mitigation into its project design. However, the proposed use fails to consider the noise impact on the Village Homes in violation of this Policy. As such, the Committee should deny CUP 2017-15 because of the invasive noise impact the proposed use poses on the existing residential community of the Village Homes. Alternatively, the Committee should require that the applicant conduct an evaluation of this noise impact to be performed before making its decision. City of Tustin Planning Commission September 26, 2017 Page 11 NOTICE The City of Tustin's Municipal Ordinance is constitutionally deficient in terms of its notice period. Further, the actual notice given to Village Homes and other nearby residents failed to comply with both the Municipal Code, and constitutional due process requirements. CONCLUSION CUP 2017-15 presents a danger to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood surrounding Packer's Square and will be injurious and detrimental to the property and improvements of the residents of Village Homes. As such, CUP 2017-15 should be denied in its�entirety. Alternatively, CUP 2017-15 should be limited and conditioned upon further conditions that will protect Village Homes' residents. At the very least, the Committee should delay its decision until Village Homes and/or the applicant has time to produce further substantive evidence on the effects of the proposed crisis facility and proper Notice is given to.neighboring residents and businesses to address their concerns. Very truly yours, COLLINS COLLINS MUIR+ STEWART LLP CT1PWE--BRFM-DES0N Tiscareno, Vera From: Demkowicz, Erica Sent: Tuesday, September 26, 2017 1:54 PM To: Cherie Seiler Cc: Binsack, Elizabeth; Willkom, )Ustina; Tiscareno, Vera Subject: RE: PACKERS SQUARE BUSINESS DEV. ISSUE Hello Cherie, I am in receipt of your e-mail and it will be added to the public record. Regards, Erica H. Demkowicz, AICD Senior Planner City of Tustin -Community Development Department 340 Centennial Way Tustin, CA 92780 (714) 573-3127 edemkowicz@tustinca.or From: Cherie Seiler [ma iIto:cherie6lben nettsPIUnibiny.corn] Sent: Tuesday, September 26, 2017 12:54 PM To: Demkowicz, Erica Subject: PACKERS SQUARE BUSINESS DEV. ISSUE Hello, I wanted to voice my concern on the business that is proposed to go into this center where Ruby's is in Tustin. I'm sure a facility like that is needed, however, not in that shopping center and not in our area. There has to be other solutions where a facility like that can be placed. Somewhere in a more industrial area perhaps, not in or near a residential area. I think that if it is allowed for this facility to take place in that center, that the businesses within that center will feel an impact and that is going to open up another can of worms. They will vacate the location and the center will be run down like so many other centers in the Tustin area. I for one will not be giving my business anymore to those businesses if this facility goes in. The city council really needs to look at the impact of all of this and how the residence will react if it does go through Also, as a local homeowner of residential properties in the area, it is a concern for property values. I'm also concerned for the safety in the surrounding areas as well. So this facility would get my NO vote Cherie Bennett 1 Tiscareno, Vera From: Demkowicz, Erica Sent: Tuesday, September 26, 2017 1:41 PM To: glenn white Cc: Binsack, Elizabeth; Willkom, Justina; Tiscareno, Vera Subject: RE: Crisis unit Hello Glenn, I am in receipt of your e-mail and it will be added to the public record. Regards, Erica H. Demkowicz, AICD Senior Planner City of Tustin-Community Development Department 300 Centennial Way Tustin, CA 92780 (714) 573-3127 edemkowicz@tustinca.or From: glenn white [mailto:glenncwhiteCa)hotmail.com] Sent: Tuesday, September 26, 2017 12:29 PM To: Demkowicz, Erica Subject: Crisis unit Hello my name is (il nil White and have been a resident in tustin for around 7 years. I am writing in regards to the crisis unit being, I)larined f'or the building on Newport and Irvine Blvd. I ha\e seen a rise in homeless and wanderers later and having a family with another baby on the way I am worried about the patients coming in and out. I have• %\ork d \\ith law enforcement and can't believe that a 24 hr I'acllitN is even being considered so close to residernt:� ruin also in the middle of a major thoroughfare. Please consider moving locations closer to Western Medical so that it can still ease law enforcement and also medical resources. Thanks Gli7n White 14k),1;oa_''r1112 Chris i Tiscareno, Vera From: Demkowicz, Erica Sent: Tuesday, September 26, 2417 1:33 PM To: Chantal Harold Cc: Binsack, Elizabeth;Willkom, iustina;Tiscareno, Vera Subject: RE: Proposed Crisis Facility iitit3 ntal, I am in receipt of your e-mail and it will be added to the public record. Regards, Erica H. Demkowicz, AICP Senior Planner City of Tustin - Community Development Department 300 Centennial Way Tustin, CA 92780 (714) 573-3127 edemkowicz@tusti nca.or>; From: Chantal Harold [mailto:chantalharold@gmail.com] Sent: Tuesday, September 26, 2017 12:15 PM To: Demkowicz, Erica Subject: Proposed Crisis Facility Dear City Planners and Council of Tustin, I am completely opposed to a mental health crisis center bi imu lel iced its Square. I understand the need for such a facility, however, this is entirely the wrong; location. l-here are m, ni.:nN other locations that a place like this can operate. Close to the existing hospitals or in a more industrialized area for example. This facility is 1_50 ti Lit I',o n honic�. It 1I_I Jr,iv� sn eleil1�°nt tl1,a i, not in the immediate area nor will it help the busjneti ses in Packers Square who relv on the t,; prov !Jk, an income. I know I dont, shop or L)o Into lluslncsseS \Ahccc i feel misafe or :%enjust uIaLoin ortable. People coming and going 24/7 is NOT an appropriate business for a place like Packers Square. . The condition of this facility is that there are 2 security guards. Just this fact confirms that the City of Tustin believes that this facility may bring an undesired element into the area. i This center will also be serving the homeless. They will provide sleep, clothing and necessities. While that is something commendable and something the homeless need,this is NOT the location that this should be taking place. We have a homeless problem and they are looking for places to sleep and hang out. This will feel like a safe place for them to be. And the security guards, let's be honest, aren't going to deter that. The security guards in the Tustin Heights Shopping Center don't discourage the homeless from pitching tents in the now empty Lone Star Restaurant entryway. It won't discourage the homeless from congregating in the alleys behind Packers Square (which they already do) and then onto the street which leads to the condos directly behind the building. This will also be a center which works with chemical dependency and, since it will allow walk-ins,will draw people looking for `help' with that as well. Please do NOT let this 24 hour 7 day a week crisis center open in Packers Square. The people working for the city and those voted in to act in the best interest of those residing in Tustin need to really look at the impact.this will have,..even if it's not directly affecting them. Thank you, Chantal Harold North Tustin Resident Chantal chantalharold@gmail.com 2 Tiscareno, Vera From: Demkowicz, Erica Sent: Tuesday, September 26, 2017 1:32 PM To: Elaine Chen Cc: Binsack, Elizabeth; Willkom, Justina;Tiscareno, Vera Subject: RE: CONDITIONAL USE PERMIT 2017-15 Packer's Square Hello Elaine, I am in receipt of you -.-mail and it will be added to the public record. Regards, Erica 14. Demka wiez, AJCP Senior Planrvs-., City of Tustin - Community Development Department 300 Centennial Way Tustin, CA 92780 (714) 573-3127 edemkowicz@tustinca.or From: Elaine Chen [m�tito:chenelainey(&amail.com] Sent: Tuesday, September 26, 2017 12:05 PM To: Demkowicz, Erica Subject: RE: CONDITIONAL USE PERMIT 2017-15 Packer's Square lhar �'ls. hrica Dcn:howicz, ' Iy name is Halne Chen and I am a hom7! u.v ncr within a one mile radius of the proposed CUP (CUP 94-I5) project. White I agree that a facility of this kirld is necessary for Orange Countv I must express the proposed location fur 1 24/7 facility is very inappropriate. This center i, in outpatient facil it. � w\hal ,trc the plans for those that arc homeless once they are discharged? The current plan states that those ww h!o liave Lunilw members may be picl cd up or dropped off to their homes. What is the plan in place for these w\leo are dischan,cd and do not have a home? I hcrc is 'Ldreudy a homeless population vwhich camps in the sliopptn-1 center and also wander the surrounding neighborhood. There are condos;"homes dircctlw behind the EIS ilitarad \�ithin close walking distance. I myself ollen walk around and through this shoppim, center at ru-dt1 io v�atl: my dog and buy 'i-occries. I ash dm,t the Council please consider dcnvin, the request for the permit change and consider altcrm.tive I()canons I0[ this Ideally, the facilitw would he in less promnlity to housing. Thank you for your consideration. Sincerely. Elaine Chen 1302 Lurline Lane Tustin, CA Tiscareno, Vera From: Demkowicz, Erica Sent: Tuesday, September 26, 2017 1:31 PM To: yuhja_magnet@yahoo.com Cc Binsack, Elizabeth; Willkom,Justina;Tiscareno, Vera Subject: RE: Tustin crisis unit Hello Mike, am in receipt of your e-mail and it will be added to the public record. Regards, Erica H. Demkowicz, AICP Senior Planner City of Tustin- Community Development Department 300 Ce°-temiq al Way Tustin. Ci, . 9'2750 (7 14) 572,!27 e d e m kowicz@tust1nca.or From: mike woo [mailto:yuhja magneuftahoo.coml Sent: Tuesday, September 26, 2017 10:35 AM To: Demkowicz, Erica Subject: Tustin crisis unit Hello, I've heard from my neighbors about a crisis mental health unit zoned to open near Ruby's diner on Irvine Blvd and Newport and I'd like to say that if it is true and what I've read is accurate then I am adamantly opposed to it. I understand there's a need for that kind of facility but there has to be a better place for it than locating it in a major commerce area near food, homes and etcetera. I'n1 asking you to please reconsider the location. Thanks, Mike Sent from Yahoo Mail on Android t Tiscareno, Vera From: Deinkowicz, Erica Sent: Tuesday, September 26, 2017 10:03 AM To: dailh@aol.com Cc: Binsack, Elizabeth; Willkom, Justina; Tiscareno, Vera Subject: RE: Packers Square Public Hearing Hello Dail, I am in receipt of your e-mail and it will be added to the public record. Regards, Erica H. Demkowicz, AICP Senior Planner City of Tustin-Community Development Department 300 Centennial Way Tustin, CA 92780 (714) 573-3127 edemkowicz@tustinca.or From: dailh a)aol.com [mailto:dailhCabaol.com] Sent: Monday, September 25, 2017 5:21 PM To: Demkowicz, Erica Subject: Packers Square Public Hearing To change the zoning on Packers Square makes no sense. If it is not broker, don't fix it. dail h0ert 40 year residence i Tiscareno, Vera From: Demkowicz, Erica Sent: Tuesday, September 26, 2017 10:02 AM To: Sharon Cc: Binsack, Elizabeth; Willkom, lustlna; Tiscareno, Vera Subject: RE: Crisis stabilization unit on Newport Hello Sharon, I am in receipt of your e-mail and it will be added to the public record. Regards, Erica H. Demkowicz, AICP Senior Planner City of Tustin - Community Development Department 300 Centennial Way Tustin, CA 92780 (714) 573-3127 edemkowiC7@tustinca.org -----Original Message----- From: Sharon [mailto:sharonlchandler@aol.com] Sent: Monday, September 25, 2017 9:45 PM To: Derkowicz, Erica Subject: Crisis stabilization unit on Newport Hi, I am totally against any type of facility that from the onset needs two security guards for potential issues. A facility like this located in a highly used center which also has a residential complex nearby is the wrong fit. It will create a slow decline in the area. I frequent the center and love the safe feeling I have when there and if this passes, I will no longer feel safe. I work near a facility like this and it has become a breeding ground for crime, loitering and harassment. There are more appropriate places to house a business like this not right in the middle of busy shopping center and residential complex. Sharon Chandler Sent from my iPad P Tiscareno, Vera From: Demkowicz, Erica Seat: Tuesday, September 26, 2017 10:00 AM To: Janelle Pelkey Cc: Binsack, Elizabeth; Willkom, Justina; Tiscareno, Vera Subject: RE: Concerns Regarding Propsed Crisis Unit Hello Janelle, I am in receipt of your e-mail and it will he added to the public record. Regards, Erica H. Demkowicz,AICD Senior Planner City of Tustin - Community Development Department 300 Centennial Way Tustin, CA 92780 (714) 573-3127 edemkowicz@tustinca.or From: Janelle Pelkey [mailto:janellempelkeyagmaii,com] Sent: Monday, September 25, 2017 10:51 PM To: Demkowicz, Erica Subject: Concerns Regarding Propsed Crisis Unit Dear Ms. Demkowicz, I am writing to express my concern over the proposed crisis unit in Packers Square. I do not support your proposed rezoning in order to allow this Facility to operate in the city of Tustin. I am looking forward to attending the planning meeting tornorroNv to express my concerns in person. I hope you will reconsider this proposed rezoning! Janelle Pelkey i Tiscareno, Vera Frorn: Demkowicz, Erica Sent: Monday, September 25, 2017 3:23 PM To: Mark. Cc: Binsack, Elizabeth; Willkom, Justina; Tiscareno, Vera Subject: RE: Tustin Planning Commission Meeting 9/26 - CONDITIONAL USE PERMIT 2017-15 Hello Mark, I am in receipt of your e-mail and it will be added to the public record. Regards, Erica H. Demkowicz,A.ICP Senior Planner City of Tustin-Community Development Department 300 Centennial Way Tustin, CA 92780 (714)573-3127 edernkowicz@tustinca.org From: Mark [mailto:mamarcacCd)gmail.com] Sent: Monday, September 25, 2017 1:26 PM To: Demkowicz, Erica Subject: Tustin Planning Commission Meeting 9/26 - CONDITIONAL USE PERMIT 2017-15 Hi Ms/Mrs. Demkowicz, I'm writing to you expressing my opposition to the following item on the agenda for the subject meeting: "To amend a previously approved CUP (CUP 94-15) relative to the hours of operation and to amend CUP 2015-27 for a Joint Use Parking Demand Analysis relative to the adequacy of the existing 269 parking spaces at Packers Square shopping center to accommodate a 7,600 square foot meatal health out-patient crisis service facility." As a fellow city engineer/planner, I object to the issuance of this permit. I am also curious about a few items; if you have references please feel free to send links etc. 1) Has a traffic study been performed to determine impacts on surrounding neighborhoods? 2) Has the City considered the potential de-valuing of nearby neighborhoods? 3) Has there been any outreach to the nearby COMMunity to determine if this permit is supported? 4) Are there additional studies that have been performed or in-house analysis that shows this location is the recommended area for such a facility instead of somewhere in a more commercial/industrial area? I live within one mile of this proposed facility and have concerns as listed above. Please feel free to contact me with any questions or information. i Thank You, Mark Marcacci, P.E. mamarcac mail.com 714-328-9027 2 Tiscaretno, Vera From: Megan Swanek <rnegan26.2@gmai1.com> Seat: Monday, September 25, 2017 12:29 PM To; Demkowicz, Erica Cc: Binsack, Elizabeth;Willkom,Justina;Tiscareno,Vera;. Rabe, Erica; cswanek@yahoo.com; Nathan Swanek; Brittany Morrison Subject: Re: Conditional Use permit 2017-15 Thank you. It is both sad and frightening to see Tustin(and Orange County)in such rapid decline. When my daughter was 6 months old, I used to take her to story-time at the Tustin Library. Now, it is over-run with homeless. And she's only iwo years old. I used to rarely see homeless on the off-ramps begging for money. I now see them at the 4th street exit at least once a week, and eating out of the Wienerchnitzel trash.I don't want my daughter growing up around tl-iis. We Are All Made of Stars http://megandewitt.blo-,spot.com/ http://catchmyparty.com/parties/guppy-paw-tom On Mon, Sep 25, 2417 at 11:40 AM,Demkowicz,Erica<EDemkowicz@tustinca.oru>wrote: Hello Megan, I am in receipt of your e-mail and it will be added to the public record Regards, Erica H. Demkowicz.AICP Senior Planner City of Tustin-Community Deyelopmwt Department 300 Centennial Wa Tustin,CA 92780 {7241573-3127 edemkowiicz@,tustinca.or 1 From: Megan Swanek [mailto:meaan26.2Lagmail,com] Sent: Monday, September 25, 2017 11:28 AM To: Murray, Al; Bernstein, Allan; Gomez, Rebecca; Puckett, Chuck; Clark, Letitia; CityManager; Building Tech; TustinPlanning; Demkowicz, Erica; City Clerk Cc: Cathy Swanek; Brittany Morrison; Nathan Swanek Subject: Conditional Use permit 2017-15 My husband grew up in Tustin and purchased a home in the city,hoping to raise a family here.1 thought it was a good place to do just that. Now, we are looking to move out. As a school counselor and mother of a toddler girl, I am ashamed to live in the city of Tustin. Checking the agenda for tomorrow night's evening, I see the recommendation that the city is making(below) and am appalled. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4349 (Attachment I) approving Conditional Use Permit(CLIP) 2017-15 to authorize the establishment of a 7,600 square foot mental health out-patient crisis facility with 269 parking spaces within the first floor of an existing medical office building located at 13132 Newport Avenue. Presentation by: Erica H. Demkowicz,AICP, Senior Planner While, we are allowed to speak, the recommendation has already been made, and it is a recommendation that requires rezoning in order to do it.You are bringing into our city. 16-20 patients per day, averaging 7 hours stays that will require 2 security guards 24/7 Mental health care in our country is nearly non-existent and this facility is not anywhere close the answer. The more "services" that we provide which do not really help those who need treatment, the more problems we will have in our community. This type of crisis center belongs in an industrial area, not 250 feet away from where people live. What are you even thinking!? 2 r Having an undergraduate degree in Psychology'and a master's degree in counseling,I understand full well the stigma attached to mental illness, and am not denying that people who suffer from it need help. But I also know that there is a stigma for a reason, and that those affected also suffer from more drug use and crime than those who do not. Why are we bringing into our city a a 'crisis stabilization unit'that will provide Psychiatric and chemical dependency services?A place that requires TWO security guards, round the clock? I used to bike on the Santa Ana river trail from the Huntington/Newport boarder to Yorba Linda and back, for a total of 40 miles.This was safer, at the time, than biking on the streets.Now, it is impassable due to the encampments. I get that this is a separate issue,but thanks to people like you, our of Tustin is on the same path to decline. People now travel front around the country to set up their water-front property.When offered help, many refuse because they want to be with the crime and drugs. That same element is being encouraged-nay, TRANSPORTED (by the police in many cases)to our city. Erica H.Dernkowicz gets to feel good about the ineffective band aid that she has placed on the problem, and drive out of Tustin,every evening to her home in Laguna Beach. Demkowicz is not raising her children here. And I don't want to either,but for the time being,I am unfortunately stuck with Tustin. My husband will be at the meeting tomorrow night. Megan Swanek 3 Tiscareno, Vera From: Demkowicz, Erica Sent: Monday, September 25, 2017 12:26 PM To: Swanek Nathan Cc: Binsack, Elizabeth;Willkom,Justina; Tiscareno, Vera Subject: RE: Re: NO HOMELESS SHELTER Hello Nathan, I am in receipt of your e-mail and it will be added to the public record. Regards, Erica H. Demkowlez,AICP Senior Planner City of Tustin-Community Development Department 300 Centennial Way Tustin, CA 92780 (714)573-3127 edemkowicz@tustinca.ort; From: Swanek Nathan fmailto:nswanek(�Oyahoo.com] Sent: Monday, September 25, 2017 12:09 PM To: Demkowicz, Erica Subject: Fw: Re: NO HOMELESS SHELTER Please include the following in public record for the proposed mental health clinic located at the comer of Irvine and Newport. ---Forwarded Message----- From: Swanek Nathan mswanek c@yahoo.com> To:amurraV rQustinca.orq <amurra tustinea.or >;abernstein2tustinca.org <abernsteinCa)tustinca.org>; RgomezAtustinca org <RgamezEa_�tustinca.orq>;cpuckett(cDtustinca or <cpuckett@tustinca or >;IclarkAtustinca.org Iclark,Stustinca_or_q Sent: Monday, September 25, 2017 10:51:08 AM Subject: Re: NO HOMELESS SHELTER Tustin City Council, am annoyed that I need to show up to tomorrows meeting to help you do your job. Your attempt to address this issue is making things worse. Also I intend to bring up the limited use of water for Tustin residents. It is amazing you are so bad at your jobs. Nathan Swanek Life tong Tustin Resident r On Friday, September 22, 2017 05:09:15 PM, Swanek Nathan <nswanekgyahoo.com> wrote: What is wrong with you people (city council members)? Criminalize being homelessness, and do not approve any homeless shelters, or "clinics"within the city boundary. DO NOT approve a crisis unit, or clinic at the corner of Newport and Irvine. These people are not victims. They are out-smarting you, which is impressive since their average IQ is 70. The fact that I have to email you and tell you not to approve such an idiotic idea suggests that you do not have intelligence to serve in the position you are appointed. The fact that you can be so wrong on these issues is mind-boggling. The city manage and the planner (Erika Demkowicz) who recommended this need to fired for massive incompetence. Nathan Swanek Life-long Tustin resident who is now in the market for a home in a better city so that our 2 year old daughter is not brought up around such filth and crime. 2 Tiscareno, Vera From: Demkowicz, Erica Sent: Monday, September 25,2017 11:01 AM To: Mike Simanyi Cc: Tiscareno,Vera;Willkom, lustina; Binsack, Elizabeth Subject: RE: CONDITIONAL USE PERMIT 2017-15 Hello Mike, I am in receipt of your e-mail and it will be added to the public record Regards, Erica H. Demkowicz, AICP Senior Planner City of Tustin - Community Development Department 304 Centennial Way Tustin, CA 92780 (714) 573-33.27 edemkowicz@tustinca.or From: Mike Simanyi [mailto:msimanyiOggmail.eom] Seat: Monday, September 25, 2017 10:38 AM To: Demkowicz, Erica Subject: CONDITIONAL USE PERMIT 2017-15 The item in the subic,wi iti listed on the upcoming Agenda for the September 26th Tustin Planning Commission meeting. I am a nearby resident, but my office is located down the street from this facility. At first I read the ager d a item and thought an outpatient facility implies limited hours of operation. I have been told that t I i c actual int;�rn� is 24 hour operation of the facility, including operations that hold patients for 5150- type mattc, a; :,L:li a- chemical dependency crises. If that lattc�ji�_lc r,ianding is correct,please let the Tustin Plann in,,, Comniis�ion kno A tlrat I DO NOT support this conditional use ,permit and implore them to find a different solution than 24 hour operations icor the facility, Feel free to call me at my office or email if you need any further details from me, or if my input should be directed elsewhere. My office number is 714-832-5274 ext. 114. Thank you, Mike Simanyi i Tiscareno, Vera From: Demkowicz, Erica Sent: Wednesday, September 27, 2017 8:55 AM To: shakehholland@aol.com Cc: Tiscareno, Vera Subject: RE: Crisis Unit in Rub's Diner Center Hello Shakeh, I am in receipt of your e-mail and it will be added to the public record. Regai ds, Erica H. Demkowicz, AICP Senior Planner Community Development Department 300 Centennial Way Tustin, CA 92780 (714) 573-3127 edemkowicz@tustinca.org i From: shakehholland aol.com [mailto:shakehhollandCabaol.coml Sent: Tuesday, September 26, 2017 5:40 PM To: Demkowicz, Erica Subject: Crisis Unit in Rub's Diner Center Dear Ms Demkowicz, I'm writing to you to express my absolute disapproval of the decision to possibly place a 2417 Crisis Unit in Ruby's Diner strip mall. This is our town, there is a community that encircles that strip mall and it's not the appropriate location for this I'm a compassionate, caring and socially aware person. l help a variety of organizations that help the homeless and mentally disturbed. I fully appreciate the need for remedies for all these ailments but NOT NEAR RUBY'S!!! A lot of us. myself included, settled in Tustin for the kind of community it is and such a Crisis Unit will bring with it components which will alter the character of this community. With high rate of vacancies I'm certain there are many other buildings that can house such a Crisis Unit. Please do NOT bring it to this location. We did not approve it. Thank you for listening, Shakeh Holland 1 Diane Triantis 1111 Packers Circle#20 Tustin, CA 92780 diane24carol@dslextreme.com September 28, 2017 City of Tustin Planning Commission 300 Centennial Way Tustin, CA 92780 Ryder Smith, Chairperson Steve Kozak, Chairperson Pro-Tem ' Jeff Thompson, Commissioner Austin Lambert, Commissioner Amy Mason, Commissioner RE: Conditional Use Permit (CUP) 2017-15 Project address: 13132 Newport Avenue Dear Commissioners: I attended the Planning Commission meeting on Sept. 26, 2017 and participated in the discussion re: (CUP) 2017-15. It was very enlightening and informative to hear the applicants, St. Joseph's Hospital and Exodus Recovery, speak and the questions and comments raised by the public. First off,the last minute notification by the Planning Commission to the public Is disturbing as is the failure to inform some of the residents and businesses in the area. In addition, there are a number of things in the application that are deceptive, one of which was pointed out by a Tustin resident who spoke and happens to be legal counsel for UC Irvine Medical Center. The applicant indicated that they are going to have an affiliation agreement with UO Medical Center, which is simply not true. So right off the bat, the applicant was caught in a lie which should be a cause for concern by the Commission. In addition, the maps shown on the slides were inaccurate and the report failed to indicate that the street known as Packers Circle is a PRIVATE street owned and maintained by Village Homes of Tustin Homeowner's Association, yet the Commission was surprised by this fact. That indicates to me that the preparation of the report was flawed, incomplete and perhaps even deliberately deceptive. Numerous questions were raised regarding the discharge of patients from this short term crisis center and the answers did not allay the fears expressed by the majority of the public in attendance. Even the spokeswoman for the applicant admitted they have no control over a client who refuses recommended treatment (unless they are 5150's or A$ 109's). Tustin Planning Commission September 28, 2017 Page 2 of 3 Several times throughout the evening, those few in favor of this location claimed that the mentally ill were not dangerous while presenting Exodus as a bastion of compassion, implying that those opposed to the facility lacked it. While I believe everyone in that chamber on Sept. 26th agreed that such a facility is necessary in our county, many of whom have had experience with the mentally ill,the issue is the location for a facility of this nature not the necessity. Commissioner Amy Mason's situation as conservator of her sister is heartbreaking as were many of the stories people told. While it's true that many mentally ill people are not dangerous, some most certainly are. I chose not to share this in the forum but will do so now. i had a roommate for about five years, a well-educated, gainfully employed,very nice gentleman who always paid his rent on time and even attended the same church I did. Overtime he began to exhibit paranoia and irrational thoughts and behavior causing him to quit his job. He began to suffer delusions where he was certain the dogs were spies for the FBI and people were living in the attic. His family tried to help him, but he refused and because he wasn't a danger to himself or society, he could not be held for more than 72 hours. I was able to extricate myself from the living situation and sadly, a year later, learned he was arrested for attempting to slash the throat of a woman in the carport of the complex he had moved to in Costa Mesa. That could have been me or a member of his family. His delusions got the best of him. He was, before he got sick, a gentle person. Nonetheless, he nearly killed someone. So to say the mentally ill are not dangerous is an insult to our intelligence. The applicant's spokeswoman and others also kept saying that our fears were unfounded because the facility would be no different than people going to their therapist for a counseling visit. Really? It's a CRISIS CENTER, not the average person with a little depression who needs some talk therapy and an occasional Xanax. Again, we are not stupid. We don't need classes from NAMI and we totally understand the difference between a crisis and routine treatment. This was just one of many contradictory statements made by the appilcant. The fact is Exodus cannot deliver on what they promise. It is impossible for them to ensure a clean discharge of these clients. You all know that. Of course the police are in favor of it so they have a place to unload their 5150's, although that thinking is truly flawed considering the other problems this will cause, Already the Tustin Police Department has difficulty controlling the circumstances in Packers Square with vagrants. When I first moved to Tustin in 1994, the police department had a 100% response record. Sadly, that is no longer the case and this influx of mentally ill and indigent persons this Exodus facility will invite into the city, is more than likely going to create more problems. Tustin Planning Commission September 28, 2017 Page 3 of 3 It's clear that several of the commissioners favor this facility, I have to ask, what is your real motivation? If it's a burning desire to fix the overcrowded ER's in the county;then why not do it right by choosing a more viable location? If it's to get a feather in your cap for being the first facility of this kind in Orange County, why this location already fraught with problems? Is it the funding from the county that's behind this? After the meeting some of us spoke with Glenn Raup, Executive Director Nursing Services Emergency Care Center from St. Joe's, and inquired how and why they chose the Packers Square location. He told us the others they looked at were too expensive. Since it wasrevealed that the owner of the building at Packers Square has been negligent and in litigation, it's clear that the slumlord gave St.Joe's a deal on cheap rent. It's all about the money and so is Exodus. If compassion is truly at the heart of any part of this decision, I'm certain all concerned would like to see a Crisis Stabilization Unit such as the one proposed succeed. In order for that to happen, compassion must be tempered with prudent business acumen and a,sense of responsibility for the well-being of the taxpayers in the city. It is incumbent upon the Planning Commission to carefully consider the needs, well- being and longterm effects the approval of such a facility will have on the citizens of the Packers Square neighborhood and the citizens of city of Tustin. It's abundantly clear it will be more negative than positive. So please, do the right thing and tell St.Joe's and Exodus to find a more suitable location and deny this permit at Packers Square. Very truly yours, Diane Triantis Attachment cc: Tustin City Counsel (via email) RECELVED SEP 11 CSU Written description of the Business function 1 TragaWMtIiDhMfioPMENT Clients Following Treatment The Crisis Stabilization Unit (CSU) will provide alternative mental health treatment for individuals experiencing a mental health crisis and free up desperately needed space in local Medical Center's Emergency Departments, plus allow local law enforcement to quickly return to services In the community. The CSU accepts clients directly from law enforcement,. community hospitals and emergency departments, mental health .agencies, physical health clinics, self-referral walk-ins and faith-based organizations. All clients receive Intensive comprehensive services. This encompasses a mental health assessment, physical assessment, medication evaluation and when needed medication, crisis intervention, food, rest, clean clothes, shower, social and psychological support as well as linkage to needed services upon discharge including transportation to discharge destination. The discharge planning process is very specialized and individualized based on the intra-disciplinary assessments, clinical team recommendations and collateral information. The discharge process Is."linkage to the right referral "for each individual with a warm hand off when possible. It Is not a piece of paper with a list of places to go. The planning for after care services begins at admission with the client and staff working together. If a hospitalization Is needed, our Social Service staff-wil) initiate calls to local faciifties'beginning with our affiliate St. Joseph's Hospital system. In addition, MOU�ri _v be in place with Royal Mission Vlejo MHRC, College Hospital, UC Irvine Medical and Anaheim Global Medical Center. Transportation will be arrange o ransfer to the -facility. Social Service staff will arrange linkage / referrals by making appointments to: residential service programs, transitional and permanent housing, intensive mental health community service programs, recovery centers and sober living, physical health providers and benefit establishment services and shelters. Family and extended family members will be contacted as well as case managers to assist with discharge disposition. Homeless clients will be treated and offered the same services and assistance as all other clients. and will. be linked to providers, transitional and permanent housing and shelters. Everyone willing to accept services will be linked and provided with services.at time of discharge. Exodus' current capacity for transportation services is satisfied through a variety of methods depending on the Independence and acuity of the individual. It is. our policy that clients being admitted to acute inpatient facilities are transported via ambulance. When individuals have been released from an Involuntary hold, every effort is made to contact familylsignificant others and/or drive the silent home to family or their discharge location in the Exodus van. This vehicle Is driven by an experienced mental health worker. Occasionally, family members/significant others will come to the UCC to pick up a client. Individuals will be transported back to their city of origin 44 Tiscareno, Vera From: Demkowicz, Erica Sent: Monday, October 02, 201710:08 AM To: Tiscareno,Vera Subject: FW:Conditional Use Permit(CUP) 2017-15 Attachments: LTR 9-28-17 to Planning Commission.final.pdf FYI. From: Bernstein, Allan Sent: Monday, October 02, 2017 9:05 AM To: abernstein988@gmail.com; At Murray - City of Tustin (AlMurrayTustin@gmail.com); Beckie Gomez-McKeon (RebGomezTustin@aol.com); Chuck Puckett(retiredpucketts@gmail.com); Dr. Allan Bernstein (bernstein3@cox.net); Letitia Clark (Iclarkgeorge@gmall.com) Cc: Binsack, Elizabeth; Willkom, Justina; Celano, Charles; Parker, Jeffrey C.; West, Matt; Demkowicz, Erica Subject: FW: Conditional Use Permit (CUP) 2017-15 From: Diane Triantis [ma ilto:diane24carol@dslextreme.com] Sent: Friday, September 29, 2017 4:40 PM To: CityCouncil@tustin.org; Murray,At<AMurray@tustinca.org>; inielsen@tustinca.org; Puckett, Chuck <CPuckett@tustinca.org>; Gomez, Rebecca<RGomez@tustinca.org>; Bernstein,Allan <ABernstein tustinca.or > Subject: Conditional Use Permit(CUP) 2017-15 Dear Mr. Mayor and Members of the Tustin City Council, Below and attached please find a copy of a letter I sent to the Planning Commission via USPS. This is a matter of grave concern that will have longterm affects on the character of our wonderful city. One bad'decision regarding the location of this proposed Crisis Stabilization Unit for the mentally ill, could ruin the city that has been such a wonderful place for 90 years. Please understand that it is not the facility itself that is objectionable; it is the proposed location. If the Planning Commission fails to deny this permit,.] certainly hope the Council will not approve it. Thank you, Diane Triantis September 28, 2017 City of Tustin Planning Commission 300 Centennial Way Tustin, CA 92780 Ryder Smith, Chairperson Steve Kozak, Chairperson Pro-Tem Jeff Thompson, Commissioner i Austin Lambert, Commissioner Amy Mason, Commissioner RE: Conditional Use Permit (CUP) 2017-15 Project address: 13132 Newport Avenue Dear Commissioners: I attended the Planning Commission meeting on Sept. 26, 2017 and participated in the discussion re: (CUP) 2017-15. It was very enlightening and informative to hear the applicants, St. Joseph's Hospital and Exodus Recovery, speak and the questions and comments raised by the public. First off, the last minute notification by the Planning Commission to the public is disturbing as is the failure to inform some of the residents and businesses in the area. In addition, there are a number of things in the application that are deceptive, one of which was pointed out by a Tustin resident who spoke and happens to be legal counsel for UC Irvine Medical Center. The applicant indicated that they are going to have an affiliation agreement with UCI Medical Center, which is simply not true. So right off the bat, the applicant was caught in a lie which should be a cause for concern by the Commission. In addition, the maps shown on the slides were inaccurate and the report failed to indicate that the street known as Packers Circle is a PRIVATE street owned and maintained by Village Homes of Tustin Homeowner's Association, yet the Commission was surprised by this fact. That indicates to me that the preparation of the report was flawed, incomplete and perhaps even deliberately deceptive. Numerous questions were raised regarding the discharge of patients from this short term crisis center and the answers did not allay the fears expressed by the majority of the public in attendance. Even the spokeswoman for the applicant admitted they have no control over a client who refuses recommended treatment (unless they are 5150's or AB 109's). Several times throughout the evening,those few in favor of this location claimed that the mentally ill were not dangerous while presenting Exodus as a bastion of compassion, implying that those opposed to the facility lacked it. While I believe everyone in that chamber on Sept. 266 agreed that such a facility is necessary in our county, many of whom have had experience with the mentally ill,the issue is the location for a facility of this nature not the necessity. Commissioner Amy Mason's situation as conservator of her sister is heartbreaking as were many of the stories people told. While it's true that many mentally ill people are not dangerous, some most certainly are. I chose not to share this in the forum but will do so now. I had a roommate for about five years, a well-educated, gainfully employed, very nice gentleman who always paid his rent on time and even attended the same church I did. Over time he began to exhibit paranoia and irrational thoughts and behavior causing him to quit his job. He began to suffer delusions where he was certain the dogs were spies for the FBI and people were living in the attic. His family tried to help him, but he refused and because he wasn't a danger to himself or society, he could not be held for more than 72 hours. I was able to extricate myself from the living situation and sadly, a year later, learned he was arrested for attempting to slash the throat of a woman in the carport of the complex he had moved to in Costa Mesa. That could have been me or a member of his family. His delusions got the best of him. He was, before he got sick, a gentle person. Nonetheless, he nearly killed someone. So to say the mentally ill are not dangerous is an insult to our intelligence. 2 The applicant's spokeswoman and others also kept saying that our fears were unfounded because the facility would be no different than people going to their therapist for a counseling visit. Really? It's a CRISIS CENTER, not the average person with a little depression who needs some talk therapy and an occasional Xanax. Again, we are not stupid. We don't need classes from NAMI and we totally understand the difference between a crisis and routine treatment. This was just one of many contradictory statements made by the applicant. The fact is Exodus cannot deliver on what they promise. It is impossible for them to ensure a clean discharge of these clients. You all know that. Of course the police are in favor of it so they have a place to unload their 5150's, although that thinking is truly flawed considering the other problems this will cause. Already the Tustin Police Department has difficulty controlling the circumstances in Packers Square with vagrants. When I first moved to Tustin in 1994, the police department had a 100% response record. Sadly, that is no longer the case and this influx of mentally ill and indigent persons this Exodus facility will invite into the city, is more than likely going to create more problems. It's clear that several of the commissioners favor this facility. I have to ask, what is your real motivation? If it's a burning desire to fix the overcrowded ER's in the county;then why not do it right by choosing a more viable location? If it's to get a feather in your cap for being the first facility of this kind in Orange County, why this location already fraught with problems? Is it the funding from the county that's behind this? After the meeting some of us spoke with Glenn Raup, Executive Director Nursing Services Emergency Care Center from St. Joe's, and inquired how and why they chose the Packers Square location. He told us the others they looked at were too expensive. Since it was revealed that the owner of the building at Packers Square has been negligent and in litigation, it's clear that the slumlord gave St.Joe's a deal on cheap rent. It's all about the money and so is Exodus. If.compassion is truly at the heart of any part of this decision, I'm certain all concerned would like to see a Crisis Stabilization Unit such as the one proposed succeed. In order for that to happen, compassion must be tempered with prudent business acumen and a sense of responsibility for the well-being of the taxpayers in the city. It is incumbent upon the Planning Commission to carefully consider the needs, well- being,and long term effects the approval of such a facility will have on the citizens of the Packers Square neighborhood and the citizens of city of Tustin. It's abundantly clear it will be more negative than positive. So please, do the right thing and tell St.Joe's and Exodus to find a more suitable location and deny'this permit at Packers Square. Very truly yours, Diane Triantis Attachment cc: Tustin City Counsel (via email) 3 Tiscareno, Vera From: Demkowicz, Erica Sent: Monday, October 02, 2017 8:21 AM To: Martha DaBrow Cc: Tiscareno, Vera Subject: RE: Exodus Recovery Center in Packers Square Heilo Martha, I am in receipt of your e-mail and it will be added to the public record. Regards, Erica H. Demkowicz, AICP Senior Planner City of Tustin - Community Development Department 300 Centennial Way Tustin, CA 52780 (714) 573-3127 edemkowicz@tustinca.or From, Martha DaBrow [mailto:mhdabrowCd)gmail.com] Sent: Friday, September 29, 2017 12:35 PM To: Demkowicz, Erica Subject: Exodus Recovery Center in Packers Square Dear Erica I am writing YOU to tuz_itlally voice tnv 0bjec6011 to changing zoning hours to accommodate EXO dus reeovery in Packers Square. The reason our family moved to Tustin was the tact that it "vas a residential city with major continercial that close at 9-00pm. It makes no sense to place this facility in this location. It would be better to have this in an area that is ARt--ADY zoned for 141 7 use by a hospital such as OC Global MC or St Joes in Orange or Hoag/Kaiser in 1r�ine. Please let me know the next steps in escalating this issue. Martha DaBrow 949-632-8212 13091 Cottonwood Drive Santa Ana CA 9270 Martha DaBrow 1 Tiscareno, Vera From: Demkowicz, Erica Sent: Monday, October 02, 2017 8:22 AM To: billie Schwartz Cc: Tiscareno, Vera Subject: RE: Drug and Alcohol rehab center I'.ello Giilie, I am in receipt of your e-mail and it will be added to the public record. Regards, Erica H. Demkowicz. AICD Senior Planner City of Tustin - Community Development Department 300 Centennial Way Tustin, CA 92780 (714) 573-3127 edemkowicz@tustinca.or From: billie schwartz [mailto:msbillieschwartzO mrL ail.com] Sent: Friday, September 29, 2017 12:58 PM To: Demkowicz, Erica Subject: Drug and Alcohol rehab center Dear Representative, Here are some reasons why 1 think the center for drugs and alcohol is NOT A good idea. 1. This is the first center in OC. Why tustin and not closer to cities medical facilities that already have 2.4/7 zoning? 2. This is too close to areas with children and families and would be an eyesore for our community. This is why there is a city ordinance for businesses to close at 9:00pm. 3. The company looking to lease has a horrible track record tivith managing resources and their property. (Company is Exodus recovery). 4. The town would not authorize a senior community h6n�� built but a drug center is ok? Ridiculous! Sincerely, Billie Schwartz Resident of Tustin -since 1973. i Tiscareno, Vera From: Demkowicz, Erica Sent: Monday, October 02, 2017 8:32 AM To: Carty Family Cc: Tiscareno, Vera Subject: RE: Concerns regarding mental health facility in Packers Square - Ruby's Center Helie party Family, I am in receipt of your e-mail and it will be added to the public record. Regards, Erica H. Demkowicz, AICP Senior Planner City of Tustin - Community Development Department 300 Centennial Way Tustin, CA 92730 (714) 573-31.27 edemkowicz@tustinca.or From: Carty Family [mailto;thecartyof5(abgmail.com] Sent: Sunday, October 01, 2017 9:12 PM To: Demkowicz, Erica Subject: Concerns regarding mental health facility in Packers Square - Ruby's Center (Jo0 l L%elllihl: We write to you to express our concerns about the location of this proposed facility. We arc %erN liar with these facilities and their operutiuns. We are also aware oi'the need of a county to provide these t\pes of facilities. However. the location for this proposed one is poorly thought out. First, it is directly adjacent to a housing community. Many people brought to these clinics refuse treatment and can walk right out into the community and cannot be stopped. This can occur at all hours. The nearby homeowners should not be subjected to this potential danocr. Ncither should anv Uf the homeowners within walking distance. Further, this center is Ireyuented by families on an hourly basis. It would be very unsafe to have children exposed to mentall% unst,Ihle persons, especially those potentially agitated after leaving a facility. In addition, there is very little access to public transportation in this area which would lead to the potential for an increase of transient and mentally unstable population. We eat at Ruby's every week. We can honestly say we would stop patronizing the business if this clinic opens because tic would not vrant to CXI)OSe our children or ot.u'Sek es to potential &11)(1e1-0us situations. That is terribly unfair to lzul_)%'S and its emplr��ees. i We've used Pink Panthers for drycleaning for over 25 ye�ti-s. It wotild break our hearts to be scared to send our kids to pick up the cleaning just so they can say hi and -ct a hug from the owners. There are more appropriate areas - such as the more commercial areas of Tustin near the 5 freeway and Jamboree in the business park, which are also closer to the train station, or over by the train station in Orange. While the square is a commercial location, it is a small one surrounded by residential neighborhoods. It is not appropriate for the type of facility being proposed. Please reconsider. William and Michelle Carty 11832 Gladstone Drive Santa Ana, CA 92705 2 RECEIVED .iota�w � �� 2017 COMMUN,a DEVELOP e p�t 2"8KI 2 0 1,71 1 Tuslti'n Ci*,ty 'P�Ianni'ng 0 Gentlem�len * 0 0 i "m I to w'r�*i'tin,g 11i: 'fy' �i I lql r f ,... 1 Ith %'0 DI U%*NOF' R E, VAOOOV E R,Y I N C m e nt',a 0 k crisi�s movina into the R,uby s Center,# lw W'E DO NOT NEED THAT 'THERE' next esthe t h at,ot��,her thrilving business r 911111 Is wron,l # P anather � w �_^ Y ,?67 Tiarno, Vera From: TustinPlanning Sent: Monday, October 02, 201710:52 AM To: Dem o uric , Erica;Tiscareno,Vera Subject: FW: Exodus Treatment Center FYI _____Original Message_____ From; Michelle fma'ilto:cottagehomeandgarden@msn.cora] Sent: Friday, September 2 , 20171:18 PVI To:TustinPlanning Subject: Exodus Treatment Center 10 Dear Planning Commission Members, I would urge you to Grote against aIlowing Exodus Treatment Center to move into Packer's Square.That area i inappropriate for a facility which is open with people corning and going 24 hours a day.There is a condo complex . behind, apartments to the side, single family homes within a couple blocks and schools within walking distance. i am also concerned that this chain seems to open multiple locations within the same city Fresno,4 L.A.). Implications of which are enormous to a raid size largely residential community like Tustin. Thank you for your consideration, f ichelle Rowland 231 . Fuchsia Ln Tustin, Ca 02780 Seat from ray iPhone