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Home My WebLink About00 PC AGENDA 01-10-23Agenda – Planning Commission Meeting – January 10, 2023 - Page 1 AGENDA COUNCIL CHAMBER & VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING JANUARY 10, 2023 NOTICE REGARDING PUBLIC PARTICIPATION To watch the meeting, the public may observe the meeting in person in the Council Chamber or via the City’s Granicus service at https://www.tustinca.org/282/Meetings-Agendas or on the local Cox Channel 851. To participate and/or comment on one or more items, do the following: 1. PARTICIPATING DURING A MEETING Community members who wish to verbally address the Planning Commission during a public meeting may attend the meeting in person or join through Zoom. By joining the meeting through Zoom, you will be able to speak but your video will not be enabled. Please see further instructions below. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY COMPUTER OR SMART DEVICE Community members may provide live public comments via Zoom during Planning Commission meetings. To join the meeting, click here and use the passcode below. You can also join via the Zoom app on your smartphone or tablet, or in a web browser at https://zoom.us/join, by entering the Meeting ID and Passcode below. Meeting ID: 884 1331 3384 Passcode: 363248 Please provide your name in the Zoom application to allow the Planning Commission Secretary to identify you when it is your time to speak. We suggest installing and testing the Zoom software on your device prior to the commencement of the meeting. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY TELEPHONE To join the Zoom web conference from any phone (landline or wireless), dial 669-900-6833. When prompted, use the below Meeting ID and Passcode. Meeting ID: 884 1331 3384 Passcode: 363248 The Planning Commission Secretary will identify you by the last 4 digits of your phone number when it is your time to speak. Agenda – Planning Commission Meeting – January 10, 2023 - Page 2 When requested by the Planning Commission Secretary, call-in users can unmute and mute their phones by pressing *6. Call-in users can “raise their hand” by pressing *9 but may not “lower their hand” once raised. 2. PROVIDE WRITTEN COMMENTS THROUGH THE E-COMMENT SYSTEM To comment on one or more items, you may send your comments to PlanningCommission@tustinca.org or by accessing the City’s “SpeakUp” comment system as follows: Proceed to the SpeakUp comment system: A. To submit an e-comment on an upcoming meeting agenda, go to https://tustin.granicusideas.com/meetings?scope=upcoming and select the agenda item. B. To submit an e-comment on an upcoming meeting agenda during the meeting, go to https://tustin.granicusideas.com/meetings?scope=past and select the agenda item. C. Follow the links to type and submit your comment(s) on one or more items: 1. The items may be on the agenda or not on the agenda. 2. Your comments will be forwarded electronically and immediately to the members of the Planning Commission. 3. Comments related to a particular agenda item will only be considered prior to the close of public comments on that item. 4. Comments on matters that are not on the agenda may be submitted only until the “Public Comment” portion of the agenda is concluded. For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the meetings for those individuals with disabilities, so the City has established a process to request a reasonable modification or accommodation consistent with the Americans with Disabilities Act (ADA). If you would like to request a modification or accommodation due to a disability, please call (714) 573-3106 as soon as is feasible, and identify the need and the requested modification or accommodation. The City’s ADA Coordinator or her designee will receive the request and communicate in response to the request. Items Distributed to the Planning Commission Less Than 72 Hours Prior To Meeting: Pursuant to Government Code Section 54957.5, non-exempt public records that relate to one or more open session agenda items and that are distributed to a majority of the Planning Commission less than seventy-two (72) hours prior to the meeting will be available for public inspection on the electronic posting board located at 300 Centennial Way, Tustin, CA 92780. Agenda – Planning Commission Meeting – January 10, 2023 - Page 3 CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Chair Mello ROLL CALL: Commissioners Chu, Higuchi, Kozak, Mason, Mello PUBLIC INPUT: At this time, any member of the public may address the Planning Commission on matters which are not listed on this evening’s agenda, provided the matter is within the subject matter jurisdiction of the Planning Commission. CONSENT CALENDAR: All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a “Request to Speak” form with the Planning Commission. 1. APPROVAL OF MINUTES – DECEMBER 13, 2022 RECOMMENDATION: That the Planning Commission approve the Minutes of the December 13, 2022 Planning Commission meeting, as provided. 2. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF TELECONFERENCE FOR MEETINGS In order for the Planning Commission to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the Commission to make specific findings at least every thirty (30) days. RECOMMENDATION: Make the following findings by a majority vote of the Planning Commission: a. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; b. The Planning Commission has reconsidered the circumstances of the state of emergency; and c. Local health officials continue to recommend measures to promote social distancing. Agenda – Planning Commission Meeting – January 10, 2023 - Page 4 PUBLIC MEETING: 3. APPEAL OF DENIAL OF REQUEST FOR DISABILITY-RELATED REASONABLE ACCOMMODATION APPELLANT: CALIFORNIA TREATMENT SERVICES, A SUBSIDIARY OF ACADIA HEALTHCARE COMPANY, INC. PROJECT SITE: 535 E. FIRST STREET, 2ND FLOOR (APNS: 401-151-13, 401-163-10, 401-151-08) REQUEST: California Treatment Services, a subsidiary of Acadia Healthcare Company, Inc. (“Acadia” or “Appellant”), appeals from and requests reconsideration of the Community Development Director’s denial of Acadia’s request for a disability-related reasonable modification of City policies, practices, and/or procedures to allow Acadia to operate an outpatient treatment and counseling center, commonly referred to as a “comprehensive treatment center” or “CTC” (“Project”) at the Project Site. AMERICANS WITH DISABILITIES ACT (“ADA”) ADVISORY STATEMENT RELATED TO THE PROPOSED PROJECT: If approved, the proposed CTC would exclusively serve persons receiving treatment for Opioid Use Disorder. To be a patient at the CTC, an individual cannot be actively using illegal drugs. Persons receiving such treatment are “qualified individual[s] with a disability” afforded full protection under the ADA. And the ADA prohibits the City from discriminating against qualified individuals in making land use decisions. In considering this application and appeal, the Planning Commission may not treat the proposed CTC differently than it would any other medical clinic. It may not base its decision on the fact that patients at the CTC will be receiving treatment for Opioid Use Disorder. Nor may unsubstantiated fears, prejudice, or stereotypes related to persons recovering from Opioid Use Disorder form the basis of the Planning Commission’s decision. RECOMMENDATION: Pleasure of the Planning Commission. Agenda – Planning Commission Meeting – January 10, 2023 - Page 5 PUBLIC HEARING: 4. CONDITIONAL USE PERMIT (CUP) 2022-0009 APPLICANT: PROPERTY OWNER: California Treatment Services, LLC., Philip Teyssier A Subsidiary of Acadia Healthcare Atomic Investments, Inc. Company, Inc. 3200 Highland Ave., B4-2 c/o Brian Spalding National City, CA 91950 9009 Carothers Blvd., Suite B-1 Franklin, TN 37067 PROJECT SITE: 535 E. First Street (2nd Floor) (APNS: 401-151-13, 401-163-10, 401-151-08) ENVIRONMENTAL STATUS: This project is Categorically Exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. REQUEST: A request to allow the operation of an out-patient treatment and counseling center (Comprehensive Treatment Center or CTC) for opioid use disorder utilizing medicated-assisted treatment (MAT) in combination with counseling and therapies at 535 E. First Street, Second Floor. AMERICANS WITH DISABILITIES ACT (“ADA”) ADVISORY STATEMENT RELATED TO THE PROPOSED PROJECT: If approved, the proposed CTC would exclusively serve persons receiving treatment for Opioid Use Disorder. To be a patient at the CTC, an individual cannot be actively using illegal drugs. Persons receiving such treatment are “qualified individual[s] with a disability” afforded full protection under the ADA. And the ADA prohibits the City from discriminating against qualified individuals in making land use decisions. In considering this application, the Planning Commission may not treat the proposed CTC differently than it would any other medical clinic. It may not base its decision on the fact that patients at the CTC will be receiving treatment for Opioid Use Disorder. Nor may unsubstantiated fears, prejudice, or stereotypes related to persons recovering from Opioid Use Disorder form the basis of the Planning Commission’s decision. RECOMMENDATION: Pleasure of the Planning Commission. Agenda – Planning Commission Meeting – January 10, 2023 - Page 6 REGULAR BUSINESS: None. STAFF CONCERNS: Justina L. Willkom, Community Development Director COMMISSION CONCERNS: ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, January 24, 2023.