HomeMy WebLinkAboutPUBLIC INPUT RECEIVED UP TO 3PM JAN 10 2023 Barragan, Raymond
From: Linda
Sent: Tuesday,January 10, 2023 1:30 PM
To: Barragan, Raymond
Subject: Proposed Meth Clinic on First St, Tustin
I am totally against this as I have seen the destruction this type of business brings. I have been a resident, and business
owner in Tustin for over 40+years and we do not need this business in our quiet little town.
We do not want to turn Tustin into another Santa Ana for sure. The people and attention this brings is not what our city
is about.
Please turn down the request. Thank you for your assistance in this matter.
Thank you,
Linda McKinley
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Barragan, Raymond
From: Christina Mannix
Sent: Tuesday,January 10, 2023 1:37 PM
To: Barragan, Raymond
Subject: CUP 2022-0009
CUP 2022-0009
Dear Mr. Barragan,
I am a resident of Tustin, and mother of 3. 1 strongly oppose the methadone clinic being considered at 535 E. First Street
in Tustin.
This location is too close to Columbus Tustin middle school where children will be coming to/from school during the
clinic's hours of operation which creates a heightened safety risk. This location is also across the street from
condominiums and businesses, and will affect real estate values in a negative way. But once again, more importantly, it
creates a safety risk. This is NOT a suitable location for the clinic.
Thank you for your time.
Sent from my Whone
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Barragan, Raymond
From: The Coughran's
Sent: Tuesday,January 10, 2023 1:38 PM
To: Barragan, Raymond
Subject: methadone clinic location.
To Ray,
My wife and I are worried about the location being close to children that live right next store in the condos. 3 of them
are our grandchildren. Please find a suitable location that will provide for the care and love that we know the
Methadone clinic wants to provide for those seeking help and wants to avoid possible contact with the kids. Safety for
all.
Our prayers that you can locate another location and the clinic will have great success.
Take care and may God bless,
Worried Grandparents
Sent from my iPad
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Barragan, Raymond
From: Ryan Higgins
Sent: Tuesday,January 10, 2023 1:43 PM
To: Barragan, Raymond
Subject: CUP 2022-0009 NO METHADONE CLINIC
Good Afternoon,
As a public servant,father of two and significant contributor to your city and our people, I am adamantly OPPOSED to a
methadone clinic in the city of Tustin.
Simply put,these people are non-contributors to society and are a danger to our community. I see it first hand given my
profession at a local fire department.
I do not feel that my kids will be safe in our city if this clinic is allowed to go in.
NO MATTER what subsidies the city will get from the county or state,you cannot put a price on the safety of our
community.
Should this be allowed to continue and crime rises. Or heaven forbid something happens to my family, I will hold you
directly responsible.
Thank you for discontinuing the exploration of an unsafe methadone clinic in the city of Tustin.
Ryan Higgins
Sent from my Whone
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Barragan, Raymond
From: Edward Corwin <
Sent: Tuesday,January 10, 2023 2:02 PM
To: Barragan, Raymond
Cc: Doreen Corwin
Subject: CUP 2022-0009
We understand that Tustin is considering approving a Methadone Clinic at 535 E. First Street. We have lived in the Tustin
School District since 1972, and both of our daughters attended school in Tustin through high school. We have seen an
increase in crime, homelessness and drugs over that time. A Methadone Clinic would bring a clientele to Tustin that are
most often takers and non-contributors, if not actually dangerous. We want the children in our city to grow up in a safe
environment free from that type of exposure.
We strongly urge the City of Tustin to not approve this clinic.
Sincerely,
Ed and Doreen Corwin
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Barragan, Raymond
From: Paul Green
Sent: Tuesday,January 10, 2023 2:13 PM
To: Barragan, Raymond
Subject: Please no Methadone Clinic!
To whom it may concern:
Please no Methadone Clinic a few blocks from an elementary and Middle schools ! The Boys and Girls Club is also too
close for comfort! Do not approve CUP 2022-0009.
Thank you for your consideration. Paul Green
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1
From: noreDlv«aran icusideas.com
To: Barraaan, Raymond; Huitron.Irma; Hurtado.Vera; E-Comments
Subject: New eComment for Planning Commission Meeting
Date: Tuesday,January 10,2023 2:14:38 PM
SpeakUp
New eComment for Planning Commission Meeting
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Coirnlrnlnt: Joanne Girislhairn T..LIstiln, CA 92780 .T..Ih appeal o tlh
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View and Analyze eComments
I his e n ii"ll v 'a's sen9: 'n)n httDS://aranicusideas.com
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Barragan, Raymond
From: Roni Smith
Sent: Tuesday,January 10, 2023 2:16 PM
To: Barragan, Raymond
Subject: Methadone clinic
I am opposing this methadone clinic going in, in Tustin, I live nearby and we have enough bad things going on around us
without this.
Sent from my Whone
1
From: noreDlv«aran icusideas.com
To: Barraaan, Raymond; Huitron.Irma; Hurtado.Vera; E-Comments
Subject: New eComment for Planning Commission Meeting
Date: Tuesday,January 10,2023 2:36:55 PM
SpeakUp
New eComment for Planning Commission Meeting
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M tiing: Il:11lnlniing Coirruriission Meeting
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Coirrilrri lnt: JoAnne Girishlrri. T Elson, CA 92789 1.(.)Ulr condos aire behlnd 535
Il:::ilrst, with the Ip lrkiing aireas abUttlIng, A dlrUg tireatirrient c lnt lr is loot a good fit foir a residential
airea, Iln spite o tyre disability aspect, Ibeha loir l SSUes exhibited Ikby these patients WOUld have
negative effect on OUlr coirrifort. and safety. Il.....low COUld we IYplrot ct OUlrs lv s 'flroiry'i those
beha lairs? 2. T his tireatirrient c lnt lr WOUld Ibe less than a block 'flroiry'i COlUlrribLIS T UStiin Middle
School, A dlrUg tireatirrient c lnt lr isln`t a good fit theirtheire eltheir, Aga in, the safety of lry'llplr scion lbl
YOUng Ipeople WOUld Ibe o cone irin. 3, Anothlr ofthese centers, faceted on irvine E.31vd. Ih s been
di'ffiCult'foir sulrlmUnding IbUsin ss s dUe to the Ibehaviolrs of the center's clientele loitering,
bUlrol lri s, that have necessitated Folice lnt lrylntioln. T his is t lrlrilbly concerning, especially in the
locations lyra lntion d above,
View and Analyze omments
I his e n ii"ll v 'a's Sent 'n)nn httDS://aranicusideas.com
Unsubscribe fri)nn 'uture, nnaihngs
Barragan, Raymond
From: k
Sent: Tuesday,January 10, 2023 2:39 PM
To: Barragan, Raymond
Subject: CUP 2022-0009
1 am a longtime resident of Tustin and do not approve of the Methadone Clinic that is being considered for approval at
535 E. First Street in Tustin.
Historically we have seen an increase in crime, homelessness and drugs. We want our kids to grow up in a safe
environment free from that type of exposure.
I am a contributing member to this community and a mom of 3 and I strongly urge you to reconsider.
1
Barragan, Raymond
From: Gay Klass
Sent: Tuesday,January 10, 2023 2:36 PM
To: Barragan, Raymond
Subject: Methadone clinic
Sent from my iPhoneSir I have seen first hand what a Methadone clinic does to a community!
Sad to say my daughters boy friend was a heroine addict and went to a Methadone clinic in Stockton, Ca. I don't want to
see our beautiful sleepy town of Tustin turned into a Stockton or Santa Ana! I have owned a home here in Tustin since
1969 and if this clinic is opened here our property values are going to take a nose dive! I am ill and unable to make the
meeting but want to have my voice heard against the opening of such a clinic in Tustin.
Sincerely,
Gay Klass Probst
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Barragan, Raymond
From: Laura Dewey
Sent: Tuesday,January 10, 2023 2:59 PM
To: Barragan, Raymond
Subject: Methadone Clinic
Hi Ray,
Ref CUP 2022-0009
1 am a no. My office is next door and I walk regularly in the neighborhood throughout the day.The clinic concerns me as
I believe it will affect safety.
Thank you,
L Dewey
Sent from my Whone
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Barragan, Raymond
From: Cecilia Low
Sent: Tuesday,January 10, 2023 12:01 PM
To: Barragan, Raymond
Subject: January 10 Planning Commission meeting at 7 pm re: California Treatment Services, LLC
To Tustin Planning Commission,
Agenda item number 3. We agree with Planning Commission's denial of request for Disability-related Reasonable
Accommodation requested by California Treatment Services, LLC, (Acadia Healthcare Company) at 535 E. First Street,
Tustin. We humbly request the appeal requested by California Treatment Services, LLC to be turned down by the
Planning Commission.
Agenda Item number 4. We humbly request the Conditional Use Permit requested by California Treatment Services, LLC
(Acadia Healthcare Company) (CUP) 2022-0009 to be turned down by Planning Commission.
Tustin is a family oriented friendly city and there are lots of restaurants, post office and apartments close to 535 E. First
Street,Tustin. It's best for Tustin city that California Treatment Services, LLC find another location in Tustin where it's
more industrial.
Thank you.
Cecilia and Gordon Low
Sent from my iPhone
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Barragan, Raymond
From: Norm &Sara
Sent: Tuesday,January 10, 2023 12:21 PM
To: Barragan, Raymond
Subject: 2022-0009
1 am a resident of Tustin and mom of 4. My children go to a school off of Red Hill Blvd. I strongly oppose the methadone clinic being
considered at 535 E.First Street in Tustin.
This location is too close to Columbus Tustin middle school where children will be coming to and from school during the clinics hours of
operation which creates a heightened safety risk.
This location being across the street from condominiums, also near businesses not only affects real estate value in a negative way but
once again creates a safety risk. This location is not suitable for the clinic.
Thank you,
Sara Manalac
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Barragan, Raymond
From: David Chen
Sent: Tuesday,January 10, 2023 12:31 PM
To: Barragan, Raymond
Subject: Oppose Drug Treatment Proposal CUP 2022-0009
Good afternoon Mr. Barragan,
I was informed that you were the appropriate person to contact regarding a City Planning meeting occurring later
tonight at 7 PM. Unfortunately, I will not be able to attend to object in person.
However, I object and oppose any proposal to place an additional treatment center for drug addicts in beautiful Tustin. I
chose to live in Tustin for its serenity and safety, and I believe that increasing the number of facilities or services that
cater to those who are criminally-inclined would only harm the Tustin community rather than further it. I work in law
enforcement, and at least from my 10+years of experience and anecdotal evidence, it appears that, in general, drug
addicts have an extremely low success rate in beating their addiction. In the large majority of cases I have handled,they
are incapable of maintaining jobs, and thus, resort to crime. I cannot estimate the number of cases I have seen where
drug addicts expand their horizons beyond personal use and sales, and begin stealing, burglarizing, and even robbing
others.
Also, I am sure you have noticed, but OC Big Brothers Big Sisters is headquartered there. I currently work with at-risk
youth, many of whom utilize the services of OC Bigs, located where the proposal is considering adding the drug
treatment center. I would appreciate it if our community, especially our youth, are not exposed to drug addicts and/or
criminals.
Thanks for your time and consideration.
Best regards,
David Chen, Esq.
J.D./M.B.A.
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Barragan, Raymond
From: Iterlizzi
Sent: Tuesday,January 10, 2023 12:54 PM
To: Barragan, Raymond
Subject: CUP 2022 -0009
Hello Ray!
Thank you for your hard work for Tustin residents! My name is Laura Terlizzi and I am emailing you about the proposed
Methadone Clinic in Tustin.
I am a Tustin City resident and I love our city. My husband and I are against the addition of this clinic in Tustin. It will
bring more drug dealers and crime. I am not at all against helping those in need, but the addition of a clinic with
Methadone will bring more crime to Tustin. I have first hand experience with addicts as we just lost a beloved family
member last year.
There is a clinic in Santa Ana and addicts can also go to their doctor for medication. Believe me they are very resourceful
if they want off of drugs or if they are looking for drugs. Drug dealers go where there are addicts.They frequently go
near sober living facilities, homeless shelters, halfway houses, etc. It is very hard for an addict to even be at a sober living
facility without being offered drugs. Naturally, drug dealers will be near Methadone clinics,too. Our children and
residents don't need that! Please do not support this clinic in Tustin.
Thank you,
Laura
Sent from my Verizon,Samsung Galaxy sm artphone
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Hurtado, Vera
From: Wfllkonn, JUS,tuna
Sent: Tuesday, January 10, 2023 1:07 PM
To: Hurtaclo, Vera
Subject: FW: lten'n #3 on Agenda,for Planning Cornmission's January 10, 2023 Meeting Appeal of Der6al of
Request for Disability Related Modification
Attachments: 2023 01 10 LTR Planning Conirrnssion re Itern #3 - ADA Request.pdf
From: Daill, Heather
Sent:Tuesday,,January 10, 2023 12:54 PM
To: (Mello, have �>; Kozak,Steve< c'u' 11sa M; Higuchi,
Eric >; M ai s o n,A m I yy in,ig
Cc: Patterson,Alisha Lum,baird:, Austin Clark, Letitia
>; Cfalllagher, Ryan 7;7G—omez, Rebecca >-Schnell,
Ray x Willkomi, Justina x Cit >, Barragan,
Raymond< >;Yasuda, Erica < >- Madjlessii, Mariam
Hluitron, Irma MIT;—Carver, Leila
Subject: itern#3 on Agenda for Planning Commission's January 10, 2023 Meeting-Appeal of Denial of Request for
Disability-Related Modification
Good Afternoon -
I have attached correspondence of today's date f irom Alisho Patterson regarding the above-
referenced matter.
If you have any proles ,s accessing the letter, Please let me know.
Thank yo ll
—Heather
Heathei-,Dall
Legal Seicretai-y
PrMleged And Confidential Conir-nunication.
"I'llis electronic transir-nission,arid any docufrients,attached hereto,(a)are protected by the Electronic Corrirriunications Privacy Act
(18 USC§§2510-252111,(b)rnay contain confidential and/or Ijegally privileged inforrriation,and(c)are for the sole use of the
intended recipient narned above. If you have received this electronic rnessage in error,please notify the sender and dellete the
electronic message.Any diSCIOSU11'e,copying,distribution,or,use of the contents of the inforniation received in eirror is strictly
prohibited.
2
R,UTA,N Alisha Patterson
�W. . .............. ....
RWrAN& TUCKER, LILP
Jairuary 10, 2023
VIA E-MAIL
City of Tustin Planning Conlinission
R e.- Iteni#3 on Agenda for Plarilling Coilunission,'s Jarluary 10, 2023 Meeting
Appeal of Denial of Request for Disability-Related Modification
535 E. First Street, 2nd Floor, Tustin, California 92780
Honorable Members of the Planinlig Counnission:
Our office represents California Treatment Services (a subsidiary of Acadia Healthcare
Company, Inc,) ("Acadia"), We are subulitting this letter on their behalf regarding Item#3 on the
agenda for your illeeting tonight —Acadia's Appeal of the City's Denial of Acadia's Request for
a Disability-Related Modification. Acadia's request and appeal are outlined ill much greater detail
in Attachments D and F to the Agenda Report, which we trust the Plarining Colinillission will
review.' This letter highlights the key points frog those correspondences mid corrects legal and
factual errors ill the Agenda Report. As discussed ill illore detail below, the Planning Connuission
should deteinnne Acadia's proposed use is a inedical/counseling office that is perillitted by right.
For over a year now, Acadia has been working diligently to obtain City-approval of all
outpatient treatment and counseling center, commonly referred to as a "comprehensive treatment
center"or"CTC" at 535. E. First Street, Second Floor (the "Property"). The path to approval of a
inuch-needed treatment center for individuals with disabilities should never have been this lengthy
or difficult.Acadia is a leading provider of behavioral healthcare services across the United States.
It has a proven track record of being a good neighbor and conscientious member of the conlintunty.
It operates more than 150 CTO across the country (at least fourteen of which are in California),
In 2022,„ seven of Acadia's facilities ill five states ranked in Newsweek's list of America's Best
Addiction Treatilient Centers.
There is a desperate and soon-to-be unniet2 need for a CTC in Tustin. The Property
is in an area,zoned for inedical uses(i.e.,Developillent Area 3 of the Downtown Coniniercial Core
Specific Plan [DCCSP–DAY])where the City perinits inedical and counseling offices by right.
With its 25 attacluneirts, Allachinent D is 554 pages long, but the pdf includes bookinarks to
help readers navigate the document.
2 As discussed in Acadia's, reasonable niodification request (ALttqLc1unerjt E) to the Agenda
Report) and appeal 'Attachment F to the Agenda Report), Acadia is closing its Santa Ana CTC,
which is, loca,ted ill a problematic area next to a budget niotel and a large encairipillent of
unslieltered individuals nii the adjacent public alley.
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The Property is surrounded by other medical uses, including a dialysis clinic in the same building
as Acadia's proposed CTC. The obvious difference between these other medical uses and Acadia's
CTC is that the CTC will serve patients with a deeply stigmatizing and misunderstood disability
Opioid Use Disorder(i.e.,people who are in recovery from opioid addiction). If Acadia's CTC
served patients with a less stigmatizing medical condition (e.g., diabetes, cancer, infertility, renal
failure, sports injuries, etc.),there can be little doubt that the reaction to Acadia's application from
City staff and the community would have been very different.
A series of grievous missteps in the handling of Acadia's request for a disability-related
modification have put the Planning Commission in a legally-precarious position. Due to fear and
prejudice about individuals in recovery from opioid addiction and blatant misinformation about
the numbers of calls for service to Acadia's CTC in the City of Santa Ana,3 the Commission will
face overwhelming pressure from members of its community to deny Acadia's request to operate
a CTC at the Property (or anywhere else in Tustin). But here, the law and the facts do not provide
any valid basis for such a denial, and a baseless denial will subject the City to substantial legal
exposure.
The Americans with Disabilities Act ("ADA") prohibits discrimination on the basis of
disability and specifically protects individuals in drug treatment programs.4 42 U.S.C. 12131; see
also Department of Justice Guidance on "The Americans with Disabilities Act and the Opioid
Crisis: Combating Discrimination Against People in Treatment or Recovery." The ADA also
requires the City "to make `reasonable modifications' in [its] usual ways of doing things when
necessary to accommodate people who have disabilities"unless it finds the requested modification
would fundamentally alter the nature of the service, program, or activity or result in an undue
financial or administrative burden. DOJ Primer; see also 28 C.F.R. � 35.130(b)(7)(i);
35.150(a)(3). The City has the burden of proving the existence of a fundamental alternation and/or
undue burden. 28 C.F.R. � 35.150(a)(3). Here, the City's Director of Community Development's
3 The Agenda Report for Acadia's Conditional Use Permit (CUP) (Item 44) falsely claims
Acadia's Santa Ana CTC was the cause of hundreds of calls for service in a 2.5 year period. The
police reports reveal that, although Acadia's Santa Ana CTC is in an area that generates a high
number of calls for service,Acadia's use only resulted in eleven calls for service during this period.
For raw data and analysis corroborating this, see Attachments 19 and 23 to Attachment D to the
Agenda Report for Item 43. Importantly, although Acadia operates more than 150 CTCs
nationwide, staff did not look at calls for service data for any of Acadia's other CTCs. Acadia
submitted letters from numerous landlords corroborating that Acadia's CTCs have not been a
source of any criminal or nuisance activity. See Attachment 24 to Attachment D to the Agenda
Report for Item 43.
4 This includes individuals, like Acadia's patients, who are seeking treatment for Opioid Use
Disorder. Per the requirements of the California Department of Health Care Services ("DHCS"),
an individual must initially test positive for opioid use to be admitted to Acadia's program. Within
six months of treatment, eighty percent(80%) of Acadia's patients test negative for opioid use.
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("Director") denial letter (Attachment.E to the Agenda Report) did not even attempt to do this. It
stated no valid basis to deny Acadia's reasonable modification request.If the Commission affirms
the Director's denial of Acadia's request based on the record before it, the City will continue to
be in violation of the ADA.
This not a new requirement. Almost twenty years ago, the City of Gardena denied an
application for a rehabilitation facility for individuals in recovery from drug and alcohol abuse.
There, Gardena's staff, Planning Commission, and ultimately City Council claimed the
rehabilitation facility would be incompatible with surrounding residential uses and would create
"an additional burden on already impacted city services." But there (as here), there was no
evidence in the record to support such findings. Rather, the findings were entirely based on
stereotypes associated with addicts and alcoholics. The applicant sued the City for disability
discrimination and prevailed. See Behavioral Health Scrvzccs., Inc. v. 0ty of Gardena, No. CV
01-07183 (RZ), 2003 WL 21750852 (C.D. Cal. Feb. 26, 2003). Other disability discrimination
actions have resulted in large damages awards against local agencies, such as McClureV. 0ty of
Long Beach where a jury awarded a $22.5 million dollar verdict against the City of Long Beach
when it bowed to pressure from neighbors to prevent the plaintiffs from providing boarding
facilities for Alzheimer's patients.
Acadia has no desire to engage in litigation with the City. From the beginning, Acadia has
tried to work cooperatively with the City to address any concerns and find a path forward that will
allow it to provide a much-needed service to Tustin's community.s But after more than a year, City
staff will not even entertain Acadia's request for a phone call to discuss staff's concerns (see, e.g.,
Enclosures 1, 2, and 3), and Acadia is running out of options. If the Planning Commission does
not approve Acadia's reasonable modification request, Acadia will have no choice but to seek
judicial relief.
Acadia requests that, without further delay, the City allow Acadia to operate a CTC at the
Property. There are several ways the Commission could accomplish this, but option 41 (outlined
below) is the most consistent with the City's Zoning Code and the ADA:
1. Per the Property's zoning (i.e., DCCSP — DA3), a medical/counseling office is
permitted by right. The Director's initial use determination was wrong.6 Acadia should
5 For example, early in the submittal process, Acadia acquiesced to staff's direction that Acadia
apply for a CUP rather than challenging the Director's determination that the CTC did not qualify
as a by-right medical/counseling office. Even though Acadia was following staff's direction, the
Agenda Report for Item 43 now faults Acadia for cooperating with staff instead of immediately
appealing staff's land use determination.
6 Instead of characterizing Acadia's CTC as a medic al/counsel ing office (which is exactly what
the CTC is), the Director characterized Acadia's CTC as a"medical clinic," which is not defined
in the City's Zoning Code and is grouped with medical uses that see patients on an emergency or
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not be required to obtain a CUP for a use that is permitted by right. The Director's
denial of Acadia's ADA request erroneously claims the Director cannot and the
Planning Commission should not revisit the use determination because, based on
staff's direction, Acadia did not immediately appeal the Director's use determination.
This logic penalizes Acadia's good faith cooperation with staff and is unnecessarily
obstructionist. Moreover, it ignores the legal reality that ADA requests are governed
by federal law, not the appeal timeframes in the City's Zoning Code. The Planning
Commission should use this opportunity to correct the Director's misclassification of
Acadia's use and determine Acadia's CTC is a medical/counseling office that is
permitted by right.
2. The Planning Commission can direct staff to,without further delay, approve Acadia's
CUP at a staff level by a specified deadline(no later than 30 days from now')without
further involvement of the Planning Commission and work with Acadia to ensure that
any conditions staff imposes on the approval are consistent with the licensing
requirements of California's Department of Health Care Services ("DHCS"), comply
with Nollan/Dolan's nexus and rough proportionality requirements, will not result in
unlimited delays, and will not give staff unbridled discretion to unilaterally impose
financial or operational obligations later. Importantly, staff did not give Acadia an
opportunity to review the proposed conditions of the CUP before staff released them
publicly. The first time Acadia saw the proposed conditions was when the Agenda
Report for Item 44 was posted on the City's website late in the evening on January 5h.
In our experience, this is highly unusual, and in this case, it was problematic and
prejudicial because it resulted in conditions unilaterally drafted by staff that, in many
instances, are cost-prohibitive and/or inconsistent with DHCS's licensing
requirements for a CTC. Acadia has submitted proposed changes to the CUP
conditions in connection with Item 44.
3. The Planning Commission can direct staff to, without further delay, grant Acadia's
reasonable modification request at a staff-level and work with Acadia on a different
pathway to CTC approval by a specified deadline (no later than 30 days from now)
that does not require any further involvement of the Planning Commission.
One of the core purposes of the ADA(and other civil rights laws)is to ensure that the rights
of people with disabilities are not dictated by the masses. 42 U.S.C. § 12101; see also PGA Tour,
Inc. v. Martin, 532 U.S. 661, 675 (2001). This decision should have never landed on the Planning
drop-in basis (like urgent cares), rather than by appointment, like Acadia's CTC.
Acadia and the property owner (Atomic Investments, Inc.) have already invested more than a
year trying to obtain City-approvals for a use that the City's zoning permits by right. Acadia and
the property owner cannot afford to keep their business and property in limbo indefinitely. Without
a firm deadline, staff's inaction will result in denial by delay.
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Page 5
Commission's dais. The Director had no valid basis to deny Acadia's request that the CTC be
approved at a staff-level.
Acadia respectfully requests the Planning Commission make the legally necessary decision
to comply with the ADA, overturn the Director's baseless denial, and grant Acadia's reasonable
modification request.
Very truly yours,
RUTAN & TUCKER, LLP
Alisha Patters n
AP
Enclosures:
1. Sample Email Chain 41 Requesting Meeting with City Staff
2. Sample Email Chain 42 Requesting Meeting with City Staff
3. Sample Email Chain 43 Requesting Meeting with City Staff
cc: Honorable Members of the City Council
Justina Willkom, Community Development Director
Raymond Barragan, Principal Planner
Erica Yasuda, City Clerk& ADA Compliance Officer
Mariam Madjlessi, Community Development ADA Liaison
Irma Huitron, Assistant Director- Planning
Leila Carver, Planning Consultant
David Kendig, City Attorney
Michael Daudt, City Attorney's Office
Diana Wydo, Acadia Healthcare, Inc.
Daniel Hymas, Acadia Healthcare, Inc.
Brian Spalding, Acadia Healthcare, Inc.
Philip Teyssier, Atomic Investments, Inc.
2499/037605-0001
18695946 1 a01/10/23
Patterson, Allisha
From: Wfllkorn, JLJS,tnna
Sent: Thursday, January 5, 2023 830 PM
To: Patterson, Alisha
Cc: Cit Clerks Yasuda Erica Mad'lessi M air iainiiii Huitron Irrniiaii' Barta an Rai,,,, rn0nd' Carver Leila,
to n
Subject: esponse to n Tutt ppea iiiiiiirst tar t, econ 001', UiSt n,
Hi Ms, Patterson,
Here's the link to the Agenda
Report hJwm 1Ai n rat d n a i wmwre ,11!2m1?view id=5&event id=171,5
Thank you,
Justina
From Patterson,Ahsha
Sent:Thursday,Jainuiairy 5, 2C23 6:25 PM
To; Willkorn,Justina,<JWi:lIkoim@tustinca.org>
Cc:City Clerk >;Yaslud >; MadjIessi, Mariialm,
>- Hluitron, Irma >1 Barra an, Rai mond <J
Carver, Leila
Subject- RE: Response to Written Appeal - 535 E. First Street, Second Floor,Tustin,C,A
Thank you Ms. Wilikomil The link to the January 10''agendai has been removed from,the City's website,and the hist of
Upconi Events no longer shows the Planning Commission's Jainuairy 10th meeting. (See screen grab below.)Will the
staff reports be available onhine? If not,coUld someone Iplllease send them to us by email so we,caro start reviewing them
right away? You can use this,Thirui fink to upload the reports and attachments are too large to transmit by email-
J�=Iaj.12.,!,je.L�fj. tan,coirn
�t . EIT[u�
........ ................ ...... ............................................
Enclosure 1, Page 1
I-Tpcoming Events,
N=t, Dte
Ptibl ic Art Corl'unittee - Specia I Meeting January 11, 20�23 - 04:00
pill
Conununit Jarluar-y 11, 2021,3 - 04 30
y Services Commission Meeting - Special Meeting plil
Invesinient, Sub-Crinunittee Hybrid Sleefing (4:30 PNO --Audit("on-tinission Special, January 112023 - 04-3O A
Hybrid Meeting (5 PM'i pni
Regular Meeting of the City Council/Closed Session-530 pin/Regular Meeting-7:010 January 17, 2023 - 0530
Piet Pin
Priblic Art C'ornrnittee Janwati, 18, 2023 - 04:M
pill
Conuriunity Sien,,ices Colrunissiclu Meeting January 18, 2023 - 06.'00
pill
Plarwing Conimission Meeting Janimry 24, 2023 - 070)
Pin
Afisha Patterson
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From:Willkom,Jlustina >
Sent;Thursday,January 5, 2023 5:05 PM
To: Patterson,Ahsha >
Cc:City Clerk >;Yasuda, Erica >; Madjlessi, Mariam,
>; Hluitron, Ir >; Barragan, Raymond
Subject. RE: Response to Wriitten Appeal -5 5 E. First Street,Second Floor,Tustin, CA
Hi Ms, Patterson,
2
Enclosure 1, Page 2
Yes,the Planning Commission will be taking these items sepairaitelly with,two separate staff reports,two presentations,
and two separate rounds of public comments. Typical presentations by applicant/appellaint are about 10-20 minutes
alndl if your could provide lues with the Ipresentatiions by Monday,we woullldl appreciate it.
Thank you,
Justina
Justina WillIkom
00,Cer�ibnnmi Way,Tustv,CA 92780
Communfty Devdiopment Director
bS"TP.714-57a-3115 IF.?'N4-573-3N 13
I kauncami
ioo�; ll
STAY CONNECTED WITH US
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From: Patterson,Afisha
Sent:Thursday,January 5, 2023 2.0,2 PIM
To-Willllkorn,Jus�tina >
Cc:City Clerk< >;Yaslucla, Erica >- MadjIessi, Mariam
>, Huitron, Irma Bairragan, Raymond<I X
Carver, Leila
Daniel. ymlas@ctcproralms.coma
Subject- IRE: Response to Written Appeal - 5,35 E. First Street, Second Floor,Tustin,CA
Good afternoon Ms.Willkom—I saw that the agenda is posted for the January 10'h meeting,and Acadia's ADA appeal
and CUP are,separate agenda items (#3 and#4), We are in the process of preparing our presentation materials, Will the
Nanning Commission be taking these items separately(with 2 separate staff presentations,two separate rounds of
public comments, etc,)? If yes, we will plan on preparing two distinct presentations—one for the ADA appeal and a
separate presentaitiion for the CUP, Also, if there is a time liimit on applicant/appeltant,Presentations, please let us know,
Earlier you told us applicant presentations are typicafliy 101-20 minutes, :so that is the timeframe we are planniing on
working with.
A.1isha Pattei-son
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3
Enclosure 1, Page 3
From: Patterson,Alisha
Sent. Thursday,January 5, 20?23 10:25 AM
To. Willkom,J sting
Cc:City Clerk �;Ya!suuda, Erica adjlessi, Mariam,
I M
Huitron, lrrnai6iiParra!gan,' IRaiymond
Subject: RE: Response to Written Appeal - 535 IE. First Street, Second Floor,Tustin,CA
Ms,Willkom—We can't know what additional materials might be needed:to supplement the report without seeing or at
least discussing what is included in the report. Can we have a call with the author of the report(before it goes out so we
can assess what to submit?
Alisha P'attei-son
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I-Iiis electronic transiniission,and any documents attached hereto,(a)are protected by the Electronic Communications.Privacy Act
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From:Willkom,Jlustina
Sent.Thursday,January 5, 20 3 10:20 AM
To: Patterson,Allisha >
Cc:City Clerk >; Yasuda, Eirica >; Madjle,ssii, Mariam
>, Hluitron, Irma Bairragan, Raymond
Carver, 1-6ila
M1
Subject: RE Response to Written Appeal -535 IE, First Street, Second Floor,Tustin,CA
Good morning Ms. Patterson,
The staff report will be released later this afternoon to all pairtiies. The staff ireport will include aH submitted materials to
date. Should you want to submit additional information to be included with the staff report, please do so before noon
today to allow us to attach it to the distributed version of the report,
Thank you,
Justinia
4
Enclosure 1, Page 4
From: Patterson,Alisha� ,,,,,,,
Sent. Wednesday,Januiary 4,2023"9:42 AM
Ta:' illllkom J
Madjlessi, Mariam,
Cc:City Clerk� �;Ya!suud a, Erica
Huitron, Irma Yasuda, Erica
Raymond
Carver, Leila
Subject: IRE: Response to Written Appeal - 535 IE. First Street, Second (Floor,Tustin,CA
Good rmorning Ms, Willkoim—I Iholpe your had a wonderful holiday! It is our understanding that the staff report for the
January 1Vh Planning Commission hearing on Acadia's ADA accommodation request and CUP will be ireleaised
tomorrow. We are renewing our request that staff share a draft of the report with us before it is released publiclyor at
least have a call with the author of the report so we can make sure the Planning Commission andl community have the
most accurate and complete information Ipossiible. In particular,we are requesting the opportunity to talk through any
concerns staff has about Acaidiia's CTC before staff airs them publicly so we can make sure,that, if staff has concerns,
they are not based on,erroneous or incomplete information.
We recoginize that staff has declined this offer in the past, but we walinted to extend it one last time before staff's report
goes public tomorrow,
Alisha Pattet-son
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From:Willkoirn,Jlustina
Sent-, Monday, Decem lber 5, 2022 1 16 PM
To: Patterson,Alisha M
Cc:City ClerkE Yasu MadjIessi, Mariam
>; H�uitm
ron, Ira Raymond
Carver, Leila h
Subject. IRE: Response to Written Appeal -535 1E, First Street,Second (Floor,Tustin, CA
Ms. Patterson,
5
Enclosure 1, Page 5
WIVI
Vi"''i
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This electronic transmission,and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act
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From:Willkom,Justina
Sent: Friday, December 2, 2022 4:13 PM
To: Patterson, Alisha
Cc: City Clerk ; Yasuda, Erica ; Madjlessi, Mariam
Huitron, Irma ; Barragan, Raymond
Carver, Leila
Subject: RE: Response to Written Appeal -535 E. First Street, Second Floor,Tustin, CA
Ms. Patterson,
Per your direction, we are moving forward with a 12/13/2022 Planning Commission meeting on Acadia's appeal from
the denial of its September 20, 2022 request for a disability-related modification. To be clear, the scope of the
12/13/2022 meeting will be limited to the first reasonable accommodation request. The Planning Commission will not
consider whether to approve the application for the CUP at that time.
Although staff is not available to meet with Acadia in advance of the 12/13/2022 meeting, please be assured that
measures will be in place to protect all participants and to encourage the expression of all viewpoints.The meeting will
be in-person and broadcast live on Zoom. It is currently the City's standard practice to enable persons wishing to
preserve their anonymity to join the meeting remotely using a computer or smart device, or by calling in by
telephone. Neither in-person nor Zoom participants are required to provide their names if they prefer not to, and those
who participate by phone or online may elect to keep their web cameras off to conceal their identities. Further, anyone
disinclined to participate in real time is encouraged to submit written comments in advance of the meeting. As is
customary at the City's Commission and Council meetings, members of Tustin Police Department will be present to
ensure the safety of all attendees.
Acadia will have an opportunity to make a presentation to the Planning Commission. Typically, applicants' presentation
are approximately 10-20 minutes, following the staff presentation, before public comments are invited on the item. To
ensure your client's presentation (PowerPoint, PDF, etc.) is loaded and running properly during the meeting, we request
that the file be emailed to no later than 5:00 p.m. on Tuesday, 12/7/2022. Public comments are
generally limited to three (3) minutes, though the per-speaker time limit may be reduced by the Chair if there are a large
number of speakers who wish to comment on the item.
Notice of the meeting will be circulated to those who previously expressed interest in the project on 12/7/2022 and the
staff report will be made available concurrently to your client and the public on 12/8/2022. Please let us know by no
later than 12/6/2022 if Acadia would prefer for the meeting be delayed until January.
Thank you,
Justina
7
Enclosure 1, Page 7
Justina t iii orn
Community Development Drectour
-300 CervlenniW Way,Tustin,CA rra780
�" P 714-573-3115(F 714-573-3113
url ,I uif�w�rcr ' irr fl�i�r��coir 0 GIWstN-a.0m
STAY CONNECTED WITH US,
www ru a�lmn k ad our a,r,u,,..ala
F low ups-IFa--book.LW truer
Jonnewsletter
From: Patterson,Ahsha >
Sent: 'u edinesday, November 30,2022 &00 PM
To: 'y illlkom,Justina< >
Cc:City Clerk ;Yasuda, Eirica >; Madjlessii, Mariam
>, Huitron, Irma ; BarraRan, Raymond
Carver, Leila<l
Subject: IRE: Response to Wriitten Appeal -535 IE. First Street, Second Floor,Tustin,CA
Thank you lids. WiHkorn—Can we Bet a meeting or call on calendar to dl6;scuss? As expected,this data shows all three
postal addresses are experiending a comparable number of calls for service,
.tfstta Pattenon
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From:Willkom,Jiustina >
Sent;Wedinesday, November ermber ,2022 5:26 PM
Tot Patterson,Alisha >
Cc:City Clerk, >,Yasuday Erica ; Madjles il, Mariam
>, Hluitron, Irma ; BarraRan, Raymond ,
i
iiLei
la
Subject: IRE: Response to Wriitten Appeal -S SIE. First Street,Second (Floor,Tustin,CA
Ms, Patterson,
8
Enclosure 1, Page
My apologies that I did not include the attachments in my email to you. Please see the attached spreadsheets and
graphs that we cited in the letter.
Sincerely,
Justina
From: Patterson, Alisha >
Sent:Wednesday, November 30, 2022 4:59 PM
To:Willkom,Justina < >
Cc: City Clerk >; Yasuda, Erica ; Madjlessi, Mariam
>; Huitron, Irma >; Barragan, Raymond <If ;
Carver, Leila
Subject: RE: Response to Written Appeal -535 E. First Street, Second Floor,Tustin, CA
Thank you Ms. Willkom. We understand from your letter that the City's preference is to correspond in writing, but if
staff continues to have concerns about Acadia's application (or is not prepared to recommend approval of the CUP),
then we are at an significant disadvantage if staff will not afford us a call or meeting to discuss those concerns before
staff releases its recommendation and report. I hope we can all agree that it is critical that the information staff provides
to the public and the Commissioners is accurate and complete. If staff is concerned about a meeting or call resulting in
misrepresentations, we would be happy to tape it so there is an accurate record of what was said. Our preference would
be an in person meeting, but if that doesn't work,we could do a zoom meeting or a phone call.
At this point, we are still in the dark as to why staff initially planned to recommend denial of the project.We infer that
staff's position was based on a misconception that the high number of calls for service near Acadia's Santa Ana CTC are
attributable to the CTC.That is wrong. Acadia's Santa Ana CTC is located in a troubled area, but the CTC and its patients
are not the source of the trouble. Based on years of firsthand experience working at the Santa Ana CTC, Acadia's staff
can attest that the individuals who are responsible for the high number of calls for service (e.g., loitering, narcotics use,
trespassing, disturbing the peace, etc.) are guests of the budget motel and residents of an encampment of unsheltered
individuals in the public alley. Santa Ana PD's incident descriptions corroborate this (e.g., "CP CONCERNED FOR
TRANSIENTS LIVING NEAR COVERED AREA"; "APPROX 8-9 TRANSIENTS CONGREGATING NEAR THE ENTRANCE OF THE
SUNLAND MOTEL").Acadia has no control over people who are not Acadia's patients and staff, nor can Acadia improve
the condition of property that it does not own or lease (e.g., the public alley that has become a homeless encampment).
The most Acadia can do is call the police, which it did more than twenty-five times in a 2.5 year period.
Your letter indicates that you "dispute" Acadia's "interpretation" of Santa Ana's data, and page 4 of your letter
references three spreadsheets that you did not provide. Please provide these spreadsheets. My assumption is that those
spreadsheets will show comparably high numbers of calls for service linked to surrounding properties (e.g., the stores
and restaurants on the other side of the public alley).All of the businesses in that area are struggling to combat the
same outside forces. Like Acadia, the businesses are not the source of the problem.
We would also like to go over the logistics for the Planning Commission meeting (e.g., any time limits on Acadia's
presentation, whether Acadia can provide a PowerPoint, etc.).We appreciate the admonishment staff plans to provide,
but if this is going to go through a public process, we need to discuss how the City will provide a safe space for Acadia's
patients to testify in an manner that protects their privacy and dignity. One commenter has indicated that a large
number of people plan to arm themselves with concealed weapons to "protect" themselves from Acadia's patients (who
they erroneously believe are actively using illicit drugs). We are deeply concerned about the safety of anyone who is
willing to testify in support of Acadia's CTC.
9
Enclosure 1, Page 9
Can we please schedule a meeting, zoom conference, or call for thiis week or early next week to diiscuiss all of this? We
will work with the City's availability.
A.1isha Pattei-son
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This electronic transmission,and any documents attached hereto,(a)are protected by the Electronic Communications Privacy Act
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From:Willkoirn,Justinai
Sent- Wednesday, November 30,2022 12-27 PIM
To: Patterson,Ahisha
Pat
Cc:City Clerk Yasuda, Erica >- Madjlessi, Mariam
H
>;- uitron, Irma >- Bairragan, Raymond
Carver, Ljeila >;
Subject: RE: Response to Written Appeal - 535 E. First Street, Second Floor,Tustin,CA
Ms. Patterson,
Thank you for your response, We will proceed with the meeting on December 13, 2022,
Jlustlna
Justiria Wiftorn
Community Development Director
00,Cerlennial!WayTustmi,CA 917801
P 714-573-3115 1 F:7 W573-3 n 13
YLONv,,n_s,&'�� VOnmoig
s rAY CONNEC rED WITH US
DOW40,70 mAr ipp-6pR��. rp-gMig Day
Falx w us-Pacebonk-I witteq
J�Pin wr inewslifter
From- Patterson,Afisha
Sent: Wednesday, November 30,2022 11-41 AM
To:WOlkom,Justinai< >
Cc:City Clerk >-Yasuda, Erica >- Madjlessi, Mariam
Huitron, Irma
Bairragan, Raymond<
Carver, Leila
10
Enclosure 1, Page 10
Subject- RE Response to Written Appeal - 5,35 E. First Street, Second Floor,Tustin,CA
Good morning Ms. Willkoim—If Planning Commission is the only path forward,then Acaidlia will proceed with,the
meeting on 12/13.
Allisha Pattet�son
MEN,
Privileged And Confidential Corniniunication,
This electronic transaiission,and any documents attached liereto,(a)are Protected by the Electronic Communications Privacy Act
d1 USC§§2510 2521)1, (b)may contain confidential and/or legally privileged information, and (c)are for the solle use of the
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electronic rnessage.Any disclosure,copying,distribution,or use of the contents of the inforrviation receiived in error is strictly
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From, Wilikom,Jlustina
Sent. Monday, November 28, 2022 503 RM
To: Patterson,Ahisha
Cc:City Clerk Yasucla, Irma >; MadjIessi, Mariam
>; Huitron, Irma Barragan, Raymond >;
Carver, Leiila
Subject: Respoinse to Written Appeal - 5 E. First Street, Second Floor,Tustin, CA
De,ar Ms, Patterson,
Please see the attached letter in response to the written appeal dated October 28,, 2022 by your office on behalf of the
applicant. Please confirm and respond with your preference of meeting date for the appeal by close of business on
Friday, December 2, 2022. If no iresponse is receiived,the City will proceed with the January 10,2023 date.
Thank you,
Justina
Jlustina WillIkom
Community Devdiopment Director
300,Cenibnnall Way,Tustv,CA 92780
P.714-57a-3115 IF.?N4-573-3N 13
ioob�;S"Tl
STAY CONNECTED VVIIH US
ww Domload our app-SUE 2WEU-GoogIe F]
FN[ow us-racebook-,TwIfter
Jmn wr neW,Orf
Enclosure 1, Page 11
Patteirson, Alisha
From: Patterson, Afisha
Sent: Monday, November 28, 20,22 9:57 AM
To: WiHkom, JUStina
Cc: Cit Clerks Yasuda Erica Mad'lessi M air iairniii Huitron Irrui,aii' Bartac an Rai,,,, Mond' Carver, Leila;
Subject: ::: ppeai 0111,111, en a o I equest or rsa r rty- e atec easona)e ccornirno at on - Comprehensive
"T'reatment Center at S35 E. First Street, Second Floor, l'ustin, CA - 1 of 2
Good morning IMs, Willkom—I wanted to follow up(because we have not received a written response from the City yet
or received any dates that would work for the City for an all hands imreeting,We understand that you may need time to
review our appeal with the City's legal counsel, but it has been 30 days.To keep this process moving forward,can we
please get a, meeting date on calendar? This is time sensitive for Acadia,so we will do everything we can to work with
your staffs availability.
Allisha Pattei-son
Privileged And Confidential Cornimunication,
This electronic transmission,and any documents attached hereto,(a)are Protected by the Electronic Communications Privacy Act
Q 18 USC§§2510 252111, (b)may contain confidential and/or legally privileged information, and (c)are for the solle use of the
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electronic message.Any discloSUIre,copying,distribution,or use of the contents of the information receiived in error is strictly
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From, Wilikom,Jlustina����
i
Sent. Friday, Noveini 18, 2022 11:23 AM
To: Patterson,Ahisha
.C
Cc:'r
City Clerk ;Yasuda, Erna ; M
adjIlessi, Mariam
Huitron, Irma ,
Barragan, Raymond <
Carver, Leila < >;
Subject: Re:Appeal of IDeinial of Request for Disabitity-Related IReasonalble Accommodation -Comprehensive Treatment
Center at 535 E, First Street, Second Floor,Tustin, CA- 1 of 2
�Dear BMs, Pattersorii,
Enclosure 2, Page 12
We are dralting a respoia!sck to your vvii ittein appeal, aii VIVHI fOHO'W-Up afteir ouir riespoinse Its fiii,44zcd airid sent to
A c aid i a
Best,
Jt li's't III Ila a
On Nlov 16, 2022, at 11-115 AM, Patterson, Alisha wrote-,
Good morning Ms. Willkom—I am circling back to check on dates for the all hands meeting Acadia
requested to dliscuss its appeall. I don't believe we've heard anything from,the City since youir email
November 4th'. Thiis matter is time sensitive for Acadia.Cain,we get a date on calendar for sometime in
the next week and a half?
Alisha Patterson
Privileged And Confidential Communication.
This electronic transmission,and any docurnents attached hereto,(a)are protected by,the Electronic
Communications Privacy Act(18 LIC§§2510-2521),(b)may contain confidentiaJ and/or legally privileSed
information,and(c),are for the sole use of the intended recipient narned above, If you have received this
electronic message in error, please notify the sender and delete the electronic message.Any diSCIOSUre,Copying,
distribution,or use of the contents of the information received in error is strictly prohibited.
From:Wilikorn,Jlustina
Sent: Friday, November 4, 2022 435 PMi
To: Patterson,Al�isha M
Cc:City Clerk< >;Yasuda,jlnca >; Madflessi, Mariam
x Huitron Irma r>; Barragan, Raymond
>;Carver, Leji'la
iiii ;i
Subject: Re:Appeal of Denial of Request for Disabilifty-Related Reasonable Accommodation -
Comprehensive Treatment Center at 535 E. First Street, Second Floor,Tustin,CA- 1 of 2
Dear Ms. Patterson,
2
Enclosure 2, Page 13
Vrainlu,you foir'11&Howfirig i uregairmfuing youir reii'for ain "aHl hands" ii-nieethrig tic) discuss Acadia's
ap�leiaL Staff l!;cunrienfly ir&Oewhng the appiealll, iindludhrg the addifloirial areasoinablernc)du Vficafioiri
request�, and wlH firs,it meet nternafly to disictiiss. We are rnlrrdftd Of YOU11ir request for the "aH hainds"
ineelfing arid vvifl ireach OLA tO the Acadia tearn after staff has eivalivalled youiir
most recentSLd)rTflttaL
Best,
I US t i irt a
On Nov 4, 2022,at 8: AM, Patterson, Alliisha wrote:
Good morning all—l am following up on our request for an "all hands" meeting to
discuss Acadia's appeal)of its reasonable accommodation request, Can we schedule a
meeting for sometime next week?
Alisha Patterson
n
ira
00
.................... e
..........F%........................1.......
Privileged And Confidential Corniniunicatiorm.
this electronic transirnission,amid any documents attached hereto,(a)are protected by the
Electronic Cornniunications,Privacy Act(18 USC§§2510-2521),(b)may contain confidential
and/or legally Priiviille edl information,and(c)are for the sole LIlSe of the Intended tecipient
narnied above. If you have received this,electronic message in error,please notify the sender and
delete the electronic message.Any disclosure,copying,distribution,or wise of the contents of the
information received in error is strictly prohibited.
From: Patterson,Alisha
Sent:Tuesday,, November 1,2022 4:07 RM
To:
Subject: RE Appeal of Denial of Request for Disability-Related Reasonable
Accommodation -Comprehensive Treatment Center at 535 E. First Street,Second Floor,
Tustin, CA- I of 2
3
Enclosure 2, Page 14
Good afternoon all—l am writing to follow up on Acadia's request for an all hands
meeting to discuss their appeal of the City"s denial of their reasonable accommodation
request.Can you please let us know which dates and times would work for the City?
Alfsha Patterson
................................................................................................................................................................................................................................................................................
Privileged And Confidential Communication,
This electronic transmission,and any documents attached hereto,(a)are protected by the
Electronic Communications privacy Act(18 USC§§21510-2521),(b)may contain confidential
and/or legally privileged information,and(c)are for the sale use of the intended recipient
named above, ff you have received this electronic rnessage in error,please notify the sender and
dlelete the electronic message, Any disclosure,copying,distribution,or use of the contents of the
informatioini received)in error is strictly prohibited,
From: Call, Heather����
Sent: Friday, October 28, 2022 3:16 PM
To
Cc: Patterson,Alisha
Subject-Appeal of Denial of Request for Disabifity-Related Reasonable Accommodation
-Comprehensive Treatment Center at 535 E. First Street, Second Floor,Tustin,CA -1 of
2
Good oaf ternoon -
I have attached correspondence of today's date from, Alishe
Patterson, regarding the above-referenced matter,
If you have any problems accessing the letter, Tease let me know.
The original) of this letter and it's enclosures will be delivered to the
City Clerk's Office this af'ternoon.
Please note that a se aerate email will follow this one that will' contain
the enclosures to this letter since they acre voluminous (opproximately
6010 pages).
Thank yoO
—Heather
Heather ball
Legal Secretary
4
Enclosure 2, Page 15
i rrn a g. . 2 .:..1�..! g.'..:'.
...............................
Privileged And Confidential Communication.
This electronic transmission,and any documents attached hereto, (a) are protected by the
Electronic Communications Privacy Act(18 USC§§2510-2521), (b) may contain confidential
and/or legally privileged information,and (c) are for the sole use of the intended recipient
named above. If you have received this electronic message in error, please notify the sender and
delete the electronic message.Any disclosure,copying,distribution,or use of the contents of the
information received in error is strictly prohibited.
5
Enclosure 2, Page 16
Patteirson, Allisha
From: Patterson, Afisha
Sent: Friday, September 30, 2022 2:01 VM
To: Michael S. Daticit
Subject: RE: Comprehensive Treatment Center at S3S. E. First Street, Tustin
Good afternoon Michael—I am circling back to see if we can,get a meeting on calendar with staff and the applicant to
dliscuss the reasonable modification request. Would it be possible to set up a time in the next week or two?
Allisha Pattei,,w,
Privileged And Confidential Cornir-nunication.
Phis electronic transirriission,and any documents attached hereto,(al are Protected by the Electronic Communications Privacy Act
(18 USC§§2510-252111,(b)may contain confidential and/or legally privileged information,and(c)are for the sole use of the
intended recipient narned above. If you have received this electronic rriessage in error,please notify the sender andl dehete the
electronic message.Any diSCIOSUre,cropying,distribution,or,use of the contents of the information received in eirror is strictly
prohibited.
From: Michael S, Daiudt >
Sent: Wednesday, September 21, 2022 2:36 PM
To: Patterson,Ahsha >
Subject: RE: Comprehensive Treatment Center at 535. E. First Street,Tustin
Hello Alisha,
Thanks for the message. Staff will revise its agenda report accordingly, We will get back to you regarding the requested
meeting once we have had an opportunity to review your client's most recent submittal,
Best,
Michael
Michael S. Daudt
Director
Woodruff
Woodruff S radfin & &71a�l
llio= 1
Enclosure 3, Page 17
SPRADLIN&SMART
A pretat % 1111mevl
CONFOIENTIALJTY NOTICE—This e-mail transmission,
and any documents,files or previous e-mail) messages
attached to it may contain, information that is confidentiaI or
legaliy privileged. If you are not the intended recipient, or a
person, responsible for delivering it to the intended recipient,
you are hereby notifiied that you must not read this,
transmission and that any disclosure,copying, printing,
distribution or use,of any of the information contained in or
attached to this transtnissilon is STRICTLY PROHIBITED. If
you have received this transmission in error, please
immediately notify the sender by telephone at 714415-1059
or return ia-mail and delete the original)transmission and its
attachments without reading or saving in any manner. Thank
you,
From: Patterson,Alisha >
Sent- Wednesday, September 21, 2022 2:02 PM
To: Michael S. Daiudt >
Cc: David E. Kendig
Brian Spalding
Diana Wyd <_" Daniel Hymas
Philip Teyssier am5apetto
<t >A Andrea Maloney >
Subject: RE-. Comprehensive Treatment Center at 535,. E. First Street,Tustiin
Good afteirinoon, Michael—Thank YOU so much foir caHing me yesterday. I confirmed that the applicant is oin bloand with
requesting a continuance to a date uncertain wfth the understainding that this wifl not resuillt in addifional dellays. WOLOd
it be posslUe to get a meeting vvith City staff and the appficant on caleindair in the next two weeks to discuss the
appAcant"s reasonable modification request?
Alisha Patterson
Privileged And Confidential Comimunication,
This electronic transirnission,and any documents attached hereto,(a)are protected by the Electronic Coirrimunications Privacy Act
(18 USC§§2510-2521)1,(b)may contains confidential and/or legally privileged information, and(c)are for the sole use of the
intended recipient named above, If you have received this electronic message in error,please notify the sender and delete the
electronic rnes5age,Any diSCIOSLAire,copyiing,distribution,or use of the contents of the information received in error is strictly
prohibited,
From: Patterson,Ahsha
Sent-Tuesday,September 20,20,22 2-50 PM
To: 'DKendig@wss-lavv.com'1<I. >
Cc: 'JWiIlkom@tustinca,on 'MM,adjJessi@tusfinca,or
Vasuda@tustinci >, 'iihtuitron@tustinca.org' <Ai�� >1���
2
Enclosure 3, Page 18
<rbarragain@tuistinca.org' >;
; 'LC
arve
r@tustin
c a o rg�'
M
>;i 'BrianSpa
lding'
'DianaWydo' >' 'Danel Hyenas'
>- 'Philip Teyssier' 'Pam Sapetto"
Andrea Maloney'
>
Subject. IRE: Comprehensive Treatment Center at 535, E. First Street, Tustin
David—Acadia's Project Manager, Brian Spalding got a call from Justina Willkom around the same time I was emailing
you suggesting the City continue the Planning Commission hearing to October 25 t1h. We wanted to circle back and let
you know Acadlia is agreeable to that suggestion. Please let us know if there is anything else the City needs from us.
Alisha Patter-son
Privileged And Confidential CorninlUnication.
This electronic transirnission,and any d0CUrnents attached hereto,(a)are protected by the Electronic Cornmunications Privacy Act
(18 USC§§2510-252111,(1))may contain,confidential and/or legally privileged infortnation,and(c)are for the solle ruse of the
intended recipient named above. If you have received this electronic message in erroir,please notify the sender andl delete thie
electronic irriessage.Any disclosure,copying,distribution,or use of the contents of the Information received in error is strictly
prohibited.
From: Patterson,Alisha
Sent-,Tuesday, September 20J, 20,22 2:29 P,M
To:
Brian Spalding >; Diana Wyclo
>; Daniel Hlymais ier
< Pam Salpetto >; Andrea Maloney
Subject.Comprehensive Treatment Center at 535, E. First Street,Tustin
Good afternoon David—I believe we've previously met, but it's been awhile, so I wanted to reach out and re-introduce
myself. My office is working with California Treatment Services(a subsidiary of Acadia Healthcare Company, Inc.)
("Acadia")on their application with,the,City of Tustin,for a comprehensive treatment center (CTC) at 53,5. E. First Street
in the City of Tustin. Earlier today, we submitted the attached reqluest for a dliisa,biillity-irelated reasonable modification.
The Tustin Planning Commission is schedUled to resume a public hearing on Acadia's CTC next Tuesday(9/'27). We plan
to submit a request that the hearing be continuied. Before we request a date(or ask the hearing Ibe continued to a date
uncertain),we wanted to touch base with you and your team and see if the City had any suggestions on how to
streamline this process. Our goal is to avoid unnecessary delay to the extent possible,
If we request a continuance to a date certain, we are considering asking for a 30-60 postponement (but we're not sure
whether the IPlannin,g Commission will hold its November meetings because they are on,election day and the week of
Thanksgiving). If the City accepts Acadia's requested modification (ie.,categorizing the proposed use as"by right"),then
further involvement of the Planning Commission hearing willll not be necessary.
3
Enclosure 3, Page 19
If you have questiions or would like to dliscuss by phone,the best number to reach me is my celll—(530)400-8447.We
look forwand to your input!
Allisha Patterson
Privileged And Confidential Cornirnunicatioin.
rhis electronic transiniission,and any documents attached hereto,(a)are Protected by the Electronic Communications Privacy Act
(18 USC§§2510-2521)1,(1))niay contain confidential and/or legally privileged information,and(c)are for the sale u,se of the
intended recipient named a,bove. If you have received this electronic message in error,please,notify the sender and delete the
electronic message.Any diSCIOSUre,copying,distribUtion,or use of the contents of the information received in error is strictly
prohibited.
4
Enclosure 3, Page 20
Hurtado, Vera
From: Wfllkom, JLJS,tuna
Sent: Tuesday, January 10, 2023 1:07 PM
To: Hurtaclo, Veia
Subject: FW: lten,n #4 on,Agenda for Planning Corrinnission's Jarruary 10, 2023 Meeting Conditional Use
Permit 2022-009 for,Comprehensive Treatment Center (CTQ
Attachments: 2023 01 10 LTR Planning Comrnission re Itern #4 - CUP.Pdf
From: Gall, Heather<HDall'@rutan.com>
Sent:Tuesday,,January 10, 2023 12:55 IPM
To: Mello, Dave �>; Kozak,Steve Higuchi,
EricJason,Amy
Cc: I Lum,baird:, Austin< >-, Clark, Letitia
Gallagher, Ryan Gomez, Rebecca Schnell,
Ray<RSchneII@tusbnca,orgx Willkorn,Justina<JWiflkom@tustincaorgx City Clerk<City01erk@tustinca,orgx Barragan,
Raymond ;Yasuda, Ermca >- Madjlessii, Mariam
2 1,rLeila
ron, Irma >; a I r!v el ,
Subject: item#4 on Agenda for(Planning Commission's January 10, 2023 Meeting-Conditional Use Permit 2022-009 for
Comprehensive Treatment Center (CTC)
Good Afternoon -
I have attached correspondence of today's date f irom Alisho Patterson regarding the above-
referenced matter.
If you have any proles ,s accessing the letter, Please let me know.
Thank yo ll
—Heather
Heather Dall
Legal Secretary
PrMleged And Confidential Cornir-nunication.
"I'llis electronic transirnission,arid any docurrients attached hereto,(a)are protected by the Electronic Corrirriunications Privacy Act
(18 USC§§2510-252111,(b)may contain confidential and/or Ijegally privileged inforrriation,and(c)are for the sole use of the
intended recipient narned above. If you Ihave received this ellectironic rnessage in error,please notify the sender and dellete the
electronic irnessage.Any diSCIOSU11'e,copying,distribution,or,use of the contents of the inforniation received in eirror is strictly
prohibited.
2
R,UTA,N Alisha Patterson
�W. . .............. ....
RWrAN& TUCKER, LILP
Jatinary 10, 2023
VIA E-MAIL
City of Tustin Planning Conninssion
R e.- Item#4 oil Agenda for Planning C0111mission's,January 10, 2023 Meeting
Conditional Use Permit 2022-009 for Coniprehensive Treatment Center(CTC)
535 E. First Street, 2nd Floor, Tustin, California 92780
Honorable Members of the Planning Coininission:
Our office represents California Treatment Services (a subsidiary of Acadia Healthcare
Company, Inc,) ("Acadia"), We are submitting this letter on their behalf regarding Item#4 on the
agenda for your meeting tonight — Acadia's Conditional Use Permit 2022-0 ("CUP") for a,
comprehensive treatment center or "C'TC" at 535. E. First Street, Second Floor(the "Property"),
It is,important that the Planning Commission's decision oil Acadia's application for as CUP
be based oil accurate and complete information. Despite nuilierous requests, staff outright refilsed
to meet or have a call with Acadia's representatives to discuss their concerns about Acadia's
proposed CTC. (See, e.g., Enclosures 1, 2, and 3 to this letter.) The Agenda Report for Item #4
confinns stafFs, coxwerns are primarily based oil-. (I) pernicious stereotypes about people in
recovery from Opioid Use Disorder (e.g., they pose a danger to chilch-en)- and(2) misinfonliatioll
about the volturie of calls for service attributable to Acadia's CTC in the City of Santa Alia (i.e.,
the Agenda Report claims Acadia's Santa Area CTC generated 164 calls for service in a, 29 month
period when, in fact, tile police reports show only 11 of those calls were attributable to the C"I'Q.
This letter supplements and Corrects incomplete and inaccurate information in the Agenda
Report and proposes conditions of approval that address staff,s, stated concerns without i unning
afoul of the California Department of Health Care Services' ("DI-ICS") licensing requirem ents for
CTCs, or Acadia's coustitlitional rights to due process and to be free froin conditions that do not
bear any nexus, or rough proportionality to its proposed use.
In connection with this CUP, Acadia has submitted a request for a disability-related
reasonable modification wider the Americans with Disabilities Act ("ADA"). The Plaiming
Cominission will consider Acadia's ADA request as Item #3 oil tile agenda for its January 10,
2023 ineeting, Icy this letter, Acadia incorporates Attaclunent D1 and Attachinei,it F to the Agenda
Report for Itern #3 (i.e., Acadia's ADA request and appeal of the Director's denial of its, ADA
1 With its, 25 attachirients, Attachillent D is 554 pages, long, but the pdf illCludes bookmarks, to
hell.) readers navigate the docturient.
Rtflan & auckasu, IL 1 P 1 185/5 J,rwIR:nu:��sec: IRoad, 1,,W" Flc,ol
livine, 4.,4, I V14-641-�) H)O Fax / 114 -54f5-1)fl35 24991037605(001
Coilinay I Palo /%11c, I Sain k uincisco I WWW 11-ulain con'l 18696165 1 aOI/10(23
RU�TAN
11Wo W.1M�1
City of Tustin Planning Commission
January 10, 2023
Page 2
request) into the record for the CUP (Item 44). As discussed below, these Attachments contain
information and documents that are critical to the Planning Commission's deliberations on the
CUP.
Brief Background on Acadia & Proposed CTC
Acadia is a leading provider of behavioral healthcare services across the United States. It
has a proven track record of being a good neighbor and conscientious member of the community.
It operates more than 150 CTCs across the country (at least fourteen of which are in California).
In 2022, seven of Acadia's facilities in five states ranked in Newsweek's list of America's Best
Addiction Treatment Centers.
For over a year now, Acadia has been working diligently to obtain Tustin's approval of an
outpatient treatment and counseling center, commonly referred to as a "comprehensive treatment
center"or"CTC"on the second floor on an existing building on the Property. The path to approval
of a much-needed treatment center for individuals with disabilities should never have been this
lengthy or difficult. There is an urgent and soon-to-be unmet need for a CTC in Tustin. The
Property is in an area zoned for medical uses (i.e., Development Area 3 of the Downtown
Commercial Core Specific Plan ["DCCSP — DAY]) where the City permits medical and
counseling offices by right. The Property is surrounded by other medical uses,including a dialysis
clinic in the same building as Acadia's proposed CTC. The obvious difference between these other
medical uses and Acadia's CTC is that the CTC will serve patients with a deeply stigmatizing and
misunderstood disability Opioid Use Disorder (i.e., people who are in recovery from opioid
addiction). If Acadia's CTC served patients with a less stigmatizing medical condition (e.g.,
diabetes, cancer, infertility, renal failure, sports injuries, etc.), there can be little doubt that the
reaction to Acadia's application from City staff and the community would have been very
different.
Even though a medical/counseling office is permitted by right in the DCCSP—DA3 zone,
the City's Director of Community Development determined the use would require a conditional
use permit(CUP). The Director's use determination is wrong,3 but based on staff's direction and
in an effort to cooperate with staff in good faith, Acadia did not immediately appeal the use
determination. In connection with Acadia's ADA request(Item 43),the Planning Commission can
2 As discussed in Acadia's reasonable modification request(Attachment D to the Agenda Report
for Item 43) and appeal (Attachment F to the Agenda Report for Item 43), Acadia is closing its
Santa Ana CTC, which is located in a problematic area next to a budget motel and a large
encampment of unsheltered individuals in the adjacent public alley.
3 Instead of characterizing Acadia's CTC as a medical/counseling office (which is exactly what
the CTC is), the Director characterized Acadia's CTC as a"medical clinic," which is not defined
in the City's Zoning Code and is grouped with medical uses that see patients on an emergency or
drop-in basis (like urgent cares), rather than by appointment, like Acadia's CTC.
2499/037605-0001
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RU�TAN
City of Tustin Planning Commission
January 10, 2023
Page 3
(and should) determine Acadia's CTC is a "medical clinic" that is permitted by right (in which
case, approval of a CUP is not necessary).
Calls for Service Data—City of Santa Ana
The Agenda Report and draft denial resolution(Attachment L)focus primarily on calls for
service data from the City of Santa Ana in the area surrounding Acadia's Santa Ana CTC as the
basis for staff's concerns about compatibility with the surrounding neighborhood, safety,
nuisances, and impacts to schools. Again, staff outright refused to discuss any of these concerns
with Acadia. (See, e.g.,Enclosures 1-3 to this letter.)If it had,Acadia could have shown staff there
are at least three fatal problems with staff's analysis.
First, staff disregarded uncontested evidence Acadia submitted in connection with its ADA
request that shows Santa Ana police reports attributed very few calls only eleven calls out of
163 in a 29 month period to Acadia's CTC. (See Attachment D to the Agenda Report for Item
43,pp. 13-15 and Attachments 19 and 23.)
Reason for Calls tt OfCall",
Homeless Eancajinpilnenzt/T aansiealt5%Is'lotel 97
«
Acadia's representatives caWted t`br
cassistcaawe hi 27 of these instances.
Acidii's C'S'C I1.
• Problems with patients(7)
• Alaar nn system triage'red
• Baan°gllaany(1)
• Velricle crashed into building('1
Other 11.
• Medical calls for nnnitanies or Rally (2)
• Traffic enforcement accidents(2)
• Stolen or inoperable vehicles(3)
• Alarm systems triggered(3)
• Injured mallard duck(1
No Rea son Listed 44
• No report provided
• Unclear what..if aalwthi gig.happened(26)
'dotal 163
Santa Ana police reports attributed the vast majority of the calls at the site of Acadia's CTC
(at least 97) to the budget motel and homeless encampment next to the CTC. (See Attachment D
to the Agenda Report for Item 43, p. 14 and Attachment 23.) In at least 27 of those instances,
members of Acadia's staff were the ones calling for service because people at the motel and
2499/037605-0001
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RU�TAN
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City of Tustin Planning Commission
January 10, 2023
Page 4
encampment were committing crimes (e.g.,using narcotics) or experiencing medical emergencies
(e.g., overdoses). (Id.) Those individuals are not Acadia's staff or patients. Acadia has a strict
loitering policy that it enforces with private security.
Second, the Agenda Report acknowledges that other properties near Acadia's Santa Ana
CTC (i.e., the motel and shopping center next door) are also linked to high numbers of calls for
service. For example,there are a substantial number of calls for service linked to the former Flame
Broiler in the shopping center next to Acadia's CTC. (See Attachment J to Agenda Report for Item
44.) But the Agenda Report rightfully does not attribute those calls for services to the businesses
on those properties. The same is true for Acadia's CTC. The fact that the Agenda Report presumes
despite strong evidence to the contrary that the large number of calls for service must be
attributable to Acadia's CTC but does not do so for any other businesses in the area(e.g.,the motel,
restaurants, dry cleaners, etc.) arises from all-too-common biases against people in recovery.
Finally,the Agenda Report ignores evidence Acadia submitted in connection with its ADA
request that its other 150 CTCs have no problems with criminal or nuisance activity. Acadia
provided letters from numerous landlords attesting to this. (See Attachment 24 to Attachment D.)
In other words, staff's assessment of Acadia's "past performance" is myopically focused on a
single CTC (out of 151 CTCs nationwide, 14 of which are in California) that Acadia is in the
process of closing because it is located in an undesirable area. It defies logic (and common sense)
that staff would ignore Acadia's longstanding track record of success and social responsibility and,
instead, presume that Acadia's CTC must be the source of the problems in Santa Ana. Acadia's
CTC is not the source of the problems in Santa Ana, and it will not be a source of problems in
Tustin.
It is hard to imagine the City would have reservations about allowing a Flame Broiler in
Tustin simply because one of many Flame Broilers nationwide was once located in a problem area
in Santa Ana. If staff or the Planning Commission are inclined to treat Acadia differently, they
must be prepared to explain why.
Proposed Conditions of Approval
Staff did not give Acadia an opportunity to review the proposed conditions of the CUP (in
Attachment M to the Agenda Report for Item 44) before staff released them publicly. The first
time Acadia saw the proposed conditions was when the Agenda Report for Item 44 was posted on
the City's website late in the evening on January 5h. In our experience, this is highly unusual, and
in this case, it was problematic and prejudicial because it resulted in conditions unilaterally drafted
by staff that, in many instances, are unconstitutional, cost-prohibitive, and/or inconsistent with
DHCS's licensing requirements for a CTC.
Nevertheless, Acadia is receptive to concerns that are not based on misguided stereotypes
about people in recovery and is amenable to reasonable conditions that address those concerns. If
2499/037605-0001
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2wd-N&,UI8f#,{.",
City of Tustin Plarming Ccarnunissicnn.
January 10, 2023
Page
the Planning C onnnnnnissionn approves Ac dia's CUP, Acadia respectfully requests the followinn .
modifications to staff's proposed connditionnsa��ditI�waliwMwwwnuaufl+ uw�wuluwtwn 11 ,t:l V tuaa3a.a r tma;u �� E�rout):
,
Ac dia"s" Proposed Modification to Rationale
Condition
1.6 CUP 2022-000may be reviewed This condition is not constitutional.The owner
annually or more often, if deernned necessary by ofproperties and businesses need s nnne degree
the Counnnnunnnity Development Department, to of certainty in the conditions that they will
ensure compatibility with the area and subject to. As drafted, this condition gives the
compliance with the conditions contained Director uunlaridled discretion to uunnil terally
herein, If the use is not operated in accordance change, the conditions with Do requirement that
with the conditions of approval or is found to luels ue'tlney prove the cluann e is necessary. The
be a nuisance or negative impacts are affecting City's Cade already has nuisance abatement
the surrou,nding tenants or neighborhood, the and CUP revocation procedures tlne City call
Connnnnnuunnity Development:Director may uw�wau�uWWtW�W use if un business connstituntes a nuisance. These
tttwt.p g., wawa ">
to
� __aba1IAv__11-C m nt Rnce procedures afford ernnt-holder due process
Ole � �[1 aitJii the before the City imposes new or modified,: ,.. .
..nposi^ma additional conditions conditions.
.
to elinnninnuute tine nuisance or negative innn acts.
1 l a onj. ,[y In carder to nen inntd nnn nn smote license,, a CTC°nnnuust
The + urn°s operation shall
wwuwiria �hcw:..Cal uiw�w,wrauu a .1..ta.tu uutwuwtw;iwa uat t?.�...t is ulwth m ".t!i-e comply with DIC "s licennsinn requirements,
u uw N'w i wu �w Uwtw w u a wut� ' a tt uuwa t t u anw caw w i cam w which include DHC`S's required hours f
wptnlru ...the �uapapau a .....tml.�......re(tiia�in.ta ..t1le operation. These hours are currently deli nned
ia� �tuettmmt lk3flaauu ;�" � taa u,a �n away
6e iiftkikd le 4�e so patients have the option of obtaining thein-
b as unuedicuutionn early in the morning before they go
to work.
Monday y to Friday ... .00 ami. to :00 p.m.
Saturday 6,-00,a.m. to 9M a.nnn.
nunndy—closed
Arany changes to the hoiurs of operation shall
ec4,e O�Pvk�aw.aaaai t�) !� moyLj,Li-
the Cor nnuuuunni r Development Directm
2.7 Prior to nssuu,aonce of building pernnnit foo- A CTC's security planus nnnuust be approved by
tenant improvement, the applicant shall submit the D,EA and ununst comply with IIID AA (e.g_
499/037605•000I
1869616,51 aOl,/10173
IM-N� k Iw rd U'ly
City of Tustin Planning Connnission.
January 10, 2023
Page
adia':s Proposed Miodification to Rationale
Condition
a detailed Security Management Plan to be storing footage frornn security cameras online
reviewed and approved by the C"oruurnuuurnity° would violate HIPA.A). Acadia is concerned
DeveloPrnieunt Director and Police Chief The that, as drafted, this condition will put it irn
Security Manna ennuennt Platin shall include position where the City's securit-y n°eclunin°ennnenr:ts
security measures to minimize impact to conflict with the,DE,A's security requirements.
adjacent residential uses fronnn potential noise,
pedestrian and vehicular activities,. The In addition, Acadia only has 1'2 nnnonntlns to
Security Management Plan shall also include exercise its rights wider the CUP. Without a
rxneasuures to adch-ess loitering, queuing deadline for the City to approve plans, staff
Procedures,narcotic activities in the parking lot could effectively deny the CUP through
and adjacent areas, overnight ca 'jig, irnactioru.
intoxicated persons, security cannneras, security
alarnnns to monitor the premises for intruders,
Proceduures for calling Tustin Police
Department regarding observed or reported
crime, plan to prevent iinpaired driving after
disPendinng/dosinng medicine, secrinty measures
during non-operating hours, training Protocols
for all employees and security Persorinnel. If l he
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a:inLia lister a 1011 t" ' Kuadi �n4 t,ta ri�ir
�dq duuw���d. Poamlbihl,'/ and ,.WcoiiiiInun�p�cDut���r ActA.A.A..A A�A.A�A�A v.A.A.A.A uA.A uA.
2.9 The applicant shall Provide ,dlr_�tdl t_ddn- Acadia has e tenni ive experience ma inn „ Sure
security personnel Eronnn a licensed its C'TCs are secure, both during operating
company with the State of California 24 hours and after. It operates 151 cres
IR41P14 .... i „yrs ....gid week during llr°ad4i regular nationwide, 14 of which are in C"al:ifornia, At
business operating lnourrs naumi °°°ada a .liad,,ududda°d° its other locations, Acadia has never had any
iadwdu3a N w td°ataui,, at, °t°tea°a t dura.duua tit 3wrer°;3d.da°nu3udi
need fon" a sectinty guard inside a CTC or
499/037 05•001
18696165 1 aOl,/10173
w;-N&I'UIw II:U:;y
City of Tustin Planning CMontnllnissionn.
January 10, 2023
Page
Acadia's f''' n posi d Miodification to Rationale
Condition
rriu�3ii �� rbr �
outside the (,,rC after hours. Providing an
ir(41pt .rhe,e�iteifkiu rr3iderrei�flteluef milli aerie (I interior security guard during business hours
and an exterior security guard arou n.d-the-clock
to monitor the exterior area of the facility. is cost-prohibitive and unnecessary. Acadia
ii w 3, ra auaut�rw.wu,iaura i r;rw. foeflitu b .iwu Olie will have a fuull Tohntsonn. Controls formerly
Tyco) security system to secure the property
�rPour, rui r t,°,u � r r r�air tke..R"41ee...Chje: after hours. As drafted, this condition is
discrintinnatony and am uunnlawfitl taking tinder
ollonlDolan, There is no evidence that this
nauou:unut of security Beans any nexus on: tough
proportionality to cuadia's proposed CTC. It is
based oil unfounded stereotypes about the
changers of recoverinn addicts.
2.10 The applicant shall provide a„secuurity See connunntevut above.
guuar& to monitor the r �ff,4, exterior of
the, facility i33 3a w ole,I6mcc wifilr ("r a3u
�prmrm gig,
The security guuar& shall ensure that no
loitering, narcotic activities, trespassing, illegal
activities and other distunrinuunnces requiring
police assistance will occuur at the project site.
Inn addition,uunl after hour single point of contact
will be provided to the police Department for
.uay of erhounrs incidents resulting front the
proposed use.
2.1 All clients/patients shall be required to Inn order to maintain nn state license,, un CTC unuunst
remain in the waiting room upon check in for comply with DHCS's's licennsinng, requirements,
the appointment. No quelling of lines shall 'which include requirements, for patient clued:
extend beyond the second floor and/or to the ins..
exterior of the building. Reception staff and
security personnel shall be responsible to
monitor the waiting area. Io Hr xtu iaJ thdp
u....ti 'q ....L=L..twu rc,3 r i.f.... 1`6 n iii...... '.'3 V u�wtwicwi[... d Ik°,,/.c �.�.t.:
r°an3�til Wt k6flu tare i,uiICS s lilice u:um
spa Iii yup+pu�p�eurit.`:.....o ...1h tplu�upuea�.....State.a....D�,11
i l:n.irrrr �r lii�lo rut I��iDt �� pun ..uiclll� ua.d��rrn.b,.°.;>Cllrai��ri
2499/037605-0001
18696165 1 aOl,/10123
IM-N&I'UCILR:U'ly
City of Tustin Planning Conuirission.
January 10, 2023
Page
canis' Proposied Miodification to Rationale
Condition
2.15 The applicant shall submit a plan to the Where is no needed for a dedicated curbside
C"onxunnaruunnity° Development Department for dosing area that is screened ftonnn public: vieww,
review and approval to nunannage Curbside dosing is exceptionally rare. It is a last
traffic/circulation, staging, or quetielng related resort when a patient needs histhear/their
to curbside dosing, prion to the commencement nntealicationn but cannot enter the CTC due to a
of the business operationn. wI ply :....'u connnnnnuannicalnle disease e.g., C"Ct SPP It
l m: "w aw, un r uwiw w e a r n" r
........................d r
does 11
('11,r r w 4 w,am consists of a nurse and security� un rd walking
g un w a.lu �� � ��m irr lel au3� a rr�l3iun i�rn,N a rip apatient's inedic ticnx to the patient's vehicle
'a"Y's o.t'sinlmIlitUfl11i s,ltafll Ilwe..cleerIjed�,jp twcrbr°.v. v and, in sone uses,watching the patient orally
3aie..ii ps"33tta 1�3n1i,1 i ei ii ingest a close. If a cunnlwside dosing plan is
Curbside dosing shall be necessary. therm there needs to be a deadline for
achnnnnnist:ered pursuant: to the P isluernsi ig, City review. Acadia only has 12 nnnannntlns to
Policies document submitted in cogjunnnctionn exercise its rights under the C"LTP. Without a
with the Conditional Use Permit application. deadline f r the City to approve plans, staff`
could effectively deny the CUP through
inaction.
2.16 if the C onnnnnn nnnity Development This condition is unconstitutional. As drafted,
Director deterrnninnes in the funtu re that the use the condition gives the Director unbridled
generates Police Calls for Service above and discretion to unilaterally charge the applicant
beyond a typical clinic rise in the C"ity, 1_tje; for law enforcement costs with no requirement
]L ap lar :.;nrnrt ...aanr n i t,rrn a a lrtn awa c at p?Ce.111111e, that the Director prove the increased costs are
Hatt",mice r u t"n ..pr,.:t:ok".....:th .....0 I1 , fliese attributable to the applicant. The City's Code
J4il 1 iin to uK " rl uan the applicant *44,1 already has nuisance abatennnennt and CUP
lneiilg required to deposit finals with the PD to revocation procedures the City can use if a
coven costs associated with police calls for business results in a disproportionate nnnnrnlaer
services at the stnluject site for the number of of calls for service. These procedures afford the
calls that exceed the numbers of calls generated en unit-holder dune process before the City
In .lypical typicalclinic uses in the Cily. imposes new or modified char es.
117 Pm
king rn3 ..
lc iatwlnunI][ Ci 1y INJu t The currnenzt parking lot lighting on the Property
p tut G wpu...."t m7m mbmllrin n.... mlr p. . :...1 ummm mu stmt r mu ru mttu t is adequate and fully complies with Section
Code,, �.�1.� Hi � oIIIIttu�lt�� �� � ��� ���t���LL 9271 Ohl )'of the Tunstinn luannicipal Coale. This is
.................................................noun rqall ..........................unnn to uru wiiwI iw wi easily verifiable with a site inspection.
_._"t mr l r......a c awn�a ru Requiring the applicant. or property owner to
2,,'.�t.(111 11.....slr r11....t ��iai tlu"......t„tuP1 .'canni....�.tt retain a lighting engineer to prepare a
..�....
it 3 ,.,..and 3na13 wr:ru� L �a � aunnecessar
� l � nn lnul
njj,tvaan� apnlicantshall
submit huudenn.
499/037635.0001
18696165 1 a01,t111123
City of Tustin Planning Conunission.
January 10, L023
Page
Acadia's Proposied Muuclification to Rationale
Condition
a photrinu etrics plan to the "enuunnuunnity
Developnnnenat Department for review and
approval to provide adequate lighting in the
parking lout. Additional lighting shall be
required to be installed wjthiir� <,nbe ��u���c�re
wa t icit rwwfi wl_`) t .a..t w.:..!ftlw t....ti t ttpu s7 tw wwtai the
b�llw fl ill mU l� w ircwll *iem te, the
OfOla? if.PIR+1 4�i1e441OW4RA0�4
2.19 The applicant shall provide Acadia only has 12 months to exercise its rights.
landscaping/screening along the western uuunder the CLIP, Without a deadline for the Clity
perimeter fence adj:acenat to the nnuuultifamily to approve plains, staff could effectively deny
residential neighborhood subject to review and the CUP through inaction.
approval by the Coninumity Development
Department. .[....ifi,i.e ..'^Xrlr.uil ii,ut ....�:. � ww�w�x ...twi
w3ituwt�m�lt_._.t.dc, y_._._gm�t ._._._t tt u�w.w. ._.P��._._.t.:ltt twsI-
.jo tllty...lpa I c"11rovnnt y td w� �ptti�:uI i 310111 tyle
� ... ......too.
120 _T_oiIi tt_,�knt tuir�� �"d_tlu a t�uf��tiiy �t� h_ ut u_n CTC`s are heavilyregulated by DHC and the
101161 ure.i.w y3 Vt..�w i it.."� 's 1t w��flµ, wtw �:� � iiia F���a�wn[ 1yl"✓`A. Imposing CUP ree"luuirennnenuts that conullict
ttn twttrna tW u y to tir al from theDEA the with these agencies' requirements will annu uanut
t ui R'S, ul:ml U t C; u f� ui1�� 11°u�� o ^�iw��i. 1�,:� r i. I to a("UP denial.
Conclusion
We understand from the lnuululic ca"minnennts submitted sup far that the C onuunnnissionn will face
ouveiivvhelnnninng pressure fruwrnn members of its c nnnnnuunnuity to deny . cadia's request to operate a
CTC at the Property (or anywhere else in Tunstirn). But the evidence in the record before the
Planning Commission dos not provide any iwlid (pion diseriin inatoly) Craws to deer y Acadia�s
requestfor a CIT. As set forth above, staff's concerns are based on an illogical interpretation of
Santa Ana's calls for service data and unfounded stereotypes about people in recovery, Santa Ana's
2499/037605-0001 499/037 35.0001
1869616,51 aOl,/10123
RU�TAN
City of Tustin Planning Commission
January 10, 2023
Page 10
police reports speak for themselves. (See Attachment 19 to Attachment D.) They attributed few
calls for service to Acadia's CTC. (See Attachment 23 to Attachment D.) Acadia's record of
excellence speaks for itself. Its facilities have Newsweek's list of America's Best Addiction
Treatment Centers. Several of its landlords submitted support letters. (See Attachment 24 to
Attachment D.)
If the Planning Commission does not grant Acadia's reasonable modification request(Item
43), Acadia respectfully requests the Planning Commission approve the CUP, subject to the
revised conditions set forth above.
Very truly yours,
RUTAN & TUCKER, LLP
Alisha Patter on
AP
Enclosures:
1. Sample Email Chain 41 Requesting Meeting with City Staff
2. Sample Email Chain 42 Requesting Meeting with City Staff
3. Sample Email Chain 43 Requesting Meeting with City Staff
cc: Honorable Members of the City Council
Justina Willkom, Community Development Director
Raymond Barragan, Principal Planner
Erica Yasuda, City Clerk& ADA Compliance Officer
Mariam Madjlessi, Community Development ADA Liaison
Irma Huitron, Assistant Director- Planning
Leila Carver, Planning Consultant
David Kendig, City Attorney
Michael Daudt, City Attorney's Office
Diana Wydo, Acadia Healthcare, Inc.
Daniel Hymas, Acadia Healthcare, Inc.
Brian Spalding, Acadia Healthcare, Inc.
Philip Teyssier, Atomic Investments, Inc.
2499/037605-0001
18696165 1 a01/10/23
Patterson, Allisha
From: Wfllkorn, JLJS,tnna
Sent: Thursday, January 5, 2023 830 PM
To: Patterson, Alisha
Cc: Cit Clerks Yasuda Erica Mad'lessi M air iainiiii Huitron Irrniiaii' Barta an Rai,,,, rn0nd' Carver Leila,
to n
Subject: esponse to n Tutt ppea iiiiiiirst tar t, econ 001', UiSt n,
Hi Ms, Patterson,
Here's the link to the Agenda
Report hJwm 1Ai n rat d n a i wmwre ,11!2m1?view id=5&event id=171,5
Thank you,
Justina
From Patterson,Ahsha
Sent:Thursday,Jainuiairy 5, 2C23 6:25 PM
To; Willkorn,Justina,< g>
Cc:City Clerk >;Yasluda, Eirica >; MadjIessi, Mariialm,
Hluitron, Irma >1 Barra an, Rai mond
Carver, Leila
Subject- RE: Response to Written Appeal - 535 E. First Street, Second Floor,Tustin,C,A
Thank you Ms. Wilikomil The link to the January 10''agendai has been removed from,the City's website,and the hist of
Upconi Events no longer shows the Planning Commission's Jainuairy 10th meeting. (See screen grab below.)Will the
staff reports be available onhine? If not,coUld someone Iplllease send them to us by email so we,caro start reviewing them
right away? You can use this,Thirui fink to upload the reports and attachments are too large to transmit by email-
J�=Iaj.12.,!,je.L�fj. tan,coirn
�t . EIT[u�
........ ................ ...... ............................................
Enclosure 1, Page 1
I-Tpcoming Events,
N=t, Dte
Ptibl ic Art Corl'unittee - Specia I Meeting January 11, 20�23 - 04:00
pill
Conununit Jarluar-y 11, 2021,3 - 04 30
y Services Commission Meeting - Special Meeting plil
liwesinient, Sub-Crinunittee Hybrid Sleefing (4:30 PNO --Audit("on-tinission Special, January 112023 - 04-3O A
Hybrid Meeting (5 PM'i pni
Regular Meeting of the City Council/Closed Session-530 pin/Regular Meeting-7:010 January 17, 2023 - 0530
Piet Pin
Priblic Art C'ornrnittee Janwati, 18, 2023 - 04:M
pill
Conuriunity Sien,,ices Colrunissiclu Meeting January 18, 2023 - 06.'00
pill
Plarwing Conimission Meeting Janimry 24, 2023 - 070)
Pin
Afisha Patterson
Privileged Arid Confidential Comrnunication.
This electronic transrnission,and any docurnents attached hereto,(a)are protected by the Electronic Conni niunicat ions Privacy Act
(18 USC§§2510-25211,(b)May contain confidentiall and/or legally privileged inforrnation, and(c)are for the sole Use of the
intended recipierlt nanied above. If you have received this dectronic rnessage in error,please notify the sender and delete tile
electronic inessage.Any disclosure,copying,distribution,or use of the contents of the infortnation received in error-is strictly
prohibited.
From:Willkom,Jlustina����
Sent;Thursday,January 5, 2023 5:05 PM
To: Patterson,Ahsha
Cc:City Clerk Yasucla, Erica >; Madjlessi, Mariam,
>; Hluitron, Irma Barragan, Raymond >;
Carver, Leila
Subject. IRE: Response to Wriitten Appeal -5 5 E. First Street,Second Floor,Tustin, CA
Hi Ms, Patterson,
2
Enclosure 1, Page 2
Yes,the Planning Commission will be taking these items sepairaitelly with,two separate staff reports,two presentations,
and two separate rounds of public comments. Typical presentations by applicant/appellaint are about 10-20 minutes
alndl if your could provide lues with the Ipresentatiions by Monday,we woullldl appreciate it.
Thank you,
Justina
Justina WillIkom
00,Cer�ibnnmi Way,Tustv,CA 92780
Communfty Devdiopment Director
bS"TP.714-57a-3115 IF.?'N4-573-3N 13
I kauncami
ioo�; ll
STAY CONNECTED WITH US
nomload our app-Apple Slofe-GoogIe F]
FN[Ow us-racebook-,TwIft,8r
Jmn wr ammienaf
From: Patterson,Afisha >
Sent:Thursday,January 5, 2023 2.0,2 PIM
To- Willkorn,Justinai<. >
Cc:City Clerk< Yaslucla, Erica < >- MadjIessi, Mariam
x Huitron, Irma Bairragan, Raymond<I
Carver, Leila >
To-
I
Subject- IRE: Response to Written Appeal - 5,35 E. First Street, Second Floor,Tustin,CA
Good afternoon Ms.Willkom—I saw that the agenda is posted for the January 10'h meeting,and Acadia's ADA appeal
and CUP are,separate agenda items (#3 and#4), We are in the process of preparing our presentation materials, Will the
Nanning Commission be taking these items separately(with 2 separate staff presentations,two separate rounds of
public comments, etc,)? If yes, we will plan on preparing two distinct presentations—one for the ADA appeal and a
separate presentaitiion for the CUP, Also, if there is a time liimit on applicant/appeltant,Presentations, please let us know,
Earlier you told us applicant presentations are typicafliy 101-20 minutes, :so that is the timeframe we are planniing on
working with.
A.1isha Pattei-son
Privileged And Confidential Comimunication.
This electronic transmission,and any documents attached hereto,(a)are protected by the Electronic Communications Privacy Act
(18 USC§§2510-2521)1,(b)Immroay contain confidential and/or legafly privileged information,and(c)are for the sole Use of the
intended recipient named above. If YOU(have received this electronic message in error,pllease notify the sender and delete the
electronic imess,age.Any disclosure,,copyling,distribution,or use of the contents of the Information receiIved in eirror is strictly
prohibited.
3
Enclosure 1, Page 3
From: Patterson,Alisha
Sent. Thursday,January 5, 20?23 10:25 AM
x Ya
To'. Wllkom,Justina< 9>
Wi0
Cc:City Clerk Yasuda, Erica x Madjlessi, Mariam,
>; Huitron, Irma Barragan, Raymond <F ,
Carver, Leila
Subject: RE: Response to Written Appeal - 535 IE. First Street, Second Floor,Tustin,CA
Ms,Willkom—We can't know what additional materials might be needed:to supplement the report without seeing or at
least discussing what is included in the report. Can we have a call with the author of the report(before it goes out so we
can assess what to submit?
Alisha P'attei-son
Privileged And Confidential Corniniunication.
rf,is electronic transiniission,and any documents attached hereto,(a)are protected by the Electronic Communications.Privacy Act
(18 USC§§2510-2521)1,(1))moray contain confidential and/or legally privileged inforrnation,and(c)are for the so�lle use of the
intended recipient named above. If you have received this electronic message in error,please notify the sender and delete the
electronic imessage.Any disclosure,copying,distribution,Or use of the contents of the information receiived in error is strictly
prohibited.
From:Willkom,Jlustina
Sent-Thursday,January 5, 2023 10:20 AM
To: Patterson,Allisha >
Cc:City Clerk<f. p; Yasuid >; MadjIessi, Mariam
Hluitron, Irma >- Bairragan, Raymond
Carver, Leda
Subject: RE Response to Written Appeal -535 IE, First Street, Second Floor,Tustin,CA
Good morning Ms. Patterson,
The staff report will be released later this afternoon to all pairtiies. The staff ireport will include aH submitted materials to
date. Should you want to submit additional information to be included with the staff report, please do so before noon
today to allow us to attach it to the distributed version of the report,
Thank you,
Justinia
4
Enclosure 1, Page 4
From: Patterson,Alisha
Sent. Wednesday,Januiary 4,2023"9:42 AM
To:Willkom,Justina >
Cc:City Clerk i x Yasuda, Erica Madjlessi, Mariam,
;
X Huitron, Irina Barra an, Raymond
Carver, Leila
Subject: IRE: Response to Written Appeal - 535 IE. First Street, Second (Floor,Tustin,CA
Good rmorning IMs, Willkoim—I Iholpe your had a wonderful holiday! It is our understanding that the staff report for the
January 1Vh Planning Commission hearing on Acadia's ADA accommodation request and CUP will be ireleaised
tomorrow. We are renewing our request that staff share a draft of the report with us before it is released publicly or at
least have a call with the author of the report so we can make sure the Planning Commission andl community have the
most accurate and complete information Ipossiible. In particular,we are requesting the opportunity to talk through any
concerns staff has about Acaidiia's CTC before staff airs them publicly so we can rmake sure,that, if staff has concerns,
they are not based on,erroneous or incomplete information.
We recoginize that staff has declined this offer in the past, but we walinted to extend it one last time before staff's report
goes public tomorrow,
Alisha Pattet-son
Privileged And Confidential Communication.
This electronic transirnission,and any dOCUrnents attached hereto,(a)are protected by the Electronic Cornmunications Privacy Act
(18 USC§§2510 25,2111,(b)may contain confidential and/or legally privileged information,and(c)are for the sone use of the
intended recipient named above. If you have received this electitonic message in errors,please notify the sender andl delete thie
electronic message.Any disclosure,copying,,distribution,of use of the contents of the information received in error is strictly
prohibited.
From:Willkoirn,Jlustina< >
Sent-, Monday, Decem ber 5, 2022 1 16 PM
To: Patterson,Allisha >
* P
Cc:City Clerk >;,Yasuda, >; MadjIessi, Mariam
Huitron, Irma<1 >; Bairragan, Raymond
r, L ila
Carver, Leila
Subject. IRE: Response to Written Appeal -535 1E, First Street,Second (Floor,Tustin, CA
Ms. Patterson,
5
Enclosure 1, Page 5
oil
Vi"''i
Privileged And Confidential Communication.
This electronic transmission,and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act
(18 USC§§2510-2521), (b) may contain confidential and/or legally privileged information,and (c) are for the sole use of the
intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the
electronic message.Any disclosure,copying,distribution,or use of the contents of the information received in error is strictly
prohibited.
From:Willkom,Justina <
Sent: Friday, December 2, 2022 4:13 PM
To: Patterson, Alisha
Cc: City Clerk< >; Yasuda, Erica >; Madjlessi, Mariam
Huitron, Irma < >, Barragan, Raymond
Carver, Leila
Subject: RE: Response to Written Appeal -535 E. First Street, Second Floor,Tustin, CA
Ms. Patterson,
Per your direction, we are moving forward with a 12/13/2022 Planning Commission meeting on Acadia's appeal from
the denial of its September 20, 2022 request for a disability-related modification. To be clear, the scope of the
12/13/2022 meeting will be limited to the first reasonable accommodation request. The Planning Commission will not
consider whether to approve the application for the CUP at that time.
Although staff is not available to meet with Acadia in advance of the 12/13/2022 meeting, please be assured that
measures will be in place to protect all participants and to encourage the expression of all viewpoints.The meeting will
be in-person and broadcast live on Zoom. It is currently the City's standard practice to enable persons wishing to
preserve their anonymity to join the meeting remotely using a computer or smart device, or by calling in by
telephone. Neither in-person nor Zoom participants are required to provide their names if they prefer not to, and those
who participate by phone or online may elect to keep their web cameras off to conceal their identities. Further, anyone
disinclined to participate in real time is encouraged to submit written comments in advance of the meeting. As is
customary at the City's Commission and Council meetings, members of Tustin Police Department will be present to
ensure the safety of all attendees.
Acadia will have an opportunity to make a presentation to the Planning Commission. Typically, applicants' presentation
are approximately 10-20 minutes, following the staff presentation, before public comments are invited on the item. To
ensure your client's presentation (PowerPoint, PDF, etc.) is loaded and running properly during the meeting, we request
that the file be emailed to no later than 5:00 p.m. on Tuesday, 12/7/2022. Public comments are
generally limited to three (3) minutes, though the per-speaker time limit may be reduced by the Chair if there are a large
number of speakers who wish to comment on the item.
Notice of the meeting will be circulated to those who previously expressed interest in the project on 12/7/2022 and the
staff report will be made available concurrently to your client and the public on 12/8/2022. Please let us know by no
later than 12/6/2022 if Acadia would prefer for the meeting be delayed until January.
Thank you,
Justina
7
Enclosure 1, Page 7
Justina t iii orn
Community Development Drectorr
3""ce"""'111W My,Tustin CA rra780
SP 714-573-3115(F 714-573-3113
,I uif�w�rcr ' irr r�i�r��coir 0 rlWstN-a.0m
STAY CONNECTED WITH us,
www rraa�wnk ad our a,r,r,,..filar
Farlaww ups-IFa--book.LWtralr
Jon mr'ews
From: Patterson,Ahsh,a
Sent: 'u edinesday, November 30,2022 &00 PM
To: 'y'V illllkom,Justina g>
Cc:City Clerk ">;yasluda, Eirica x Madjlessii, Mariam
Huitro , Irma ; Barragan, Raymond
Carver, Leila
Subject: IRE: Response to Written Appeal -535 IE. First Street, Second Floor,Tustin,CA
Thank you lids. WiHkorn—Can we Ret a meeting or call on calendar to dl6;scuss? As expected,this data shows all three
postal addresses are experiending a comparable number of calls for service,
.tfstta Pattenon
Privileged Arid Confidential Corrinni uication.
This electronic transrnission, and any doc rnents attached hereto,('a)are protected by the Electronic CMM 'rUniic°:ations Privacy Act
(18 USC§§2510.2521),(b)May contain confidential and/or legally privileged inforrnation, and lcl are for the sole vise of the
intended recipient named above. If you have received this dectrcrnic rnessage in error,please notify the sender and delete the
electronic rnessa e.Any disclosure,copying„distribution,or use of the contents of the inforrnation received in error is strictly
prohibited.
From:Willkom,Jiustina
Sent;Wedinesday, 'November 30, 2022 5:26 PM
To: Patterson,Alisha
Cc:City Clerk, ,Yasuday Erica il
; Madjles , Mariam,
>; Hluaritron, Irmam Rarraan, Raymond ,
Carver, Leila
Subject: RE: Response to Written Appeal -S SIE. First Street,Second (Floor,Tustin,CA
Ms, Patterson,
8
Enclosure 1, Page
My apologies that I did not include the attachments in my email to you. Please see the attached spreadsheets and
graphs that we cited in the letter.
Sincerely,
Justina
From: Patterson, Alisha
Sent:Wednesday, November 30, 2022 4:59 PM
To:Willkom,Justina
Cc: City Clerk >; Yasuda, Erica <= >; Madjlessi, Mariam
>, Huitron, Irma ; Barragan, Raymond <If >;
Carver, Leila
Subject: RE: Response to Written Appeal -535 E. First Street, Second Floor,Tustin, CA
Thank you Ms. Willkom. We understand from your letter that the City's preference is to correspond in writing, but if
staff continues to have concerns about Acadia's application (or is not prepared to recommend approval of the CUP),
then we are at an significant disadvantage if staff will not afford us a call or meeting to discuss those concerns before
staff releases its recommendation and report. I hope we can all agree that it is critical that the information staff provides
to the public and the Commissioners is accurate and complete. If staff is concerned about a meeting or call resulting in
misrepresentations, we would be happy to tape it so there is an accurate record of what was said. Our preference would
be an in person meeting, but if that doesn't work,we could do a zoom meeting or a phone call.
At this point, we are still in the dark as to why staff initially planned to recommend denial of the project.We infer that
staff's position was based on a misconception that the high number of calls for service near Acadia's Santa Ana CTC are
attributable to the CTC.That is wrong. Acadia's Santa Ana CTC is located in a troubled area, but the CTC and its patients
are not the source of the trouble. Based on years of firsthand experience working at the Santa Ana CTC, Acadia's staff
can attest that the individuals who are responsible for the high number of calls for service (e.g., loitering, narcotics use,
trespassing, disturbing the peace, etc.) are guests of the budget motel and residents of an encampment of unsheltered
individuals in the public alley. Santa Ana PD's incident descriptions corroborate this (e.g., "CP CONCERNED FOR
TRANSIENTS LIVING NEAR COVERED AREA"; "APPROX 8-9 TRANSIENTS CONGREGATING NEAR THE ENTRANCE OF THE
SUNLAND MOTEL").Acadia has no control over people who are not Acadia's patients and staff, nor can Acadia improve
the condition of property that it does not own or lease (e.g., the public alley that has become a homeless encampment).
The most Acadia can do is call the police, which it did more than twenty-five times in a 2.5 year period.
Your letter indicates that you "dispute" Acadia's "interpretation" of Santa Ana's data, and page 4 of your letter
references three spreadsheets that you did not provide. Please provide these spreadsheets. My assumption is that those
spreadsheets will show comparably high numbers of calls for service linked to surrounding properties (e.g., the stores
and restaurants on the other side of the public alley).All of the businesses in that area are struggling to combat the
same outside forces. Like Acadia, the businesses are not the source of the problem.
We would also like to go over the logistics for the Planning Commission meeting (e.g., any time limits on Acadia's
presentation, whether Acadia can provide a PowerPoint, etc.).We appreciate the admonishment staff plans to provide,
but if this is going to go through a public process, we need to discuss how the City will provide a safe space for Acadia's
patients to testify in an manner that protects their privacy and dignity. One commenter has indicated that a large
number of people plan to arm themselves with concealed weapons to "protect" themselves from Acadia's patients (who
they erroneously believe are actively using illicit drugs). We are deeply concerned about the safety of anyone who is
willing to testify in support of Acadia's CTC.
9
Enclosure 1, Page 9
Can we please schedule a meeting, zoom conference, or call for thiis week or early next week to diiscuiss all of this? We
will work with the City's availability.
A.1isha Pattei-son
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From:Willkoirn,Justinai
Sent- Wednesday, November 30,2022 12-27 PIM
To: Patterson,Ahisha
pa
City
Cc:Cit a .Yasuda, EiricaM >- Madjlessi, Mariam
y Clerk
<1 Irma
Huitron, Irma >,- Bairragan, Raymond<_
Carver, Leila
Subject: RE: Response to Written Appeal - 535 E. First Street, Second Floor,Tustin,CA
Ms. Patterson,
Thank you for your response, We will proceed with the meeting on December 13, 2022,
Jlustlna
Justiria Wiftorn
Community Development Director
00,Cerlennial!WayTustmi,CA 917801
P 714-573-3115 1 F:7 W573-3 n 13
YLONv,,n_s,&'�� VOnmoig
s rAY CONNEC rED WITH US
DOW40,70 mAr ipp-6pR��. rp-gMig Day
Falx w us-Pacebonk-I witteq
J�Pin wr inewslifter
From: Patterson,Afisha >
Sent: Wednesday, November 30,2022 11-41 AM
To:WOlkom,Justinai< >
Cc:City Clerk<( >-Yasuda, Erica >; Madjlessi, Mariam
Huitron, Irma Bairragan, Raymond
Carver, Leila il:sim
10
Enclosure 1, Page 10
Subject- RE Response to Written Appeal - 5,35 E. First Street, Second Floor,Tustin,CA
Good morning Ms. Willkoim—If planning Commission is the only path forward,then Acaidlia will proceed with,the
meeting on 12/13.
Allisha Pattet�son
MEN,
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From, Wilikom,Jlustina >
Sent. Monday, November 28, 2022 503 RM
To- Patterson,
City
A 11i ish a< >
Cc:City Clerk >;Yasucla, Irma MadjIessi, Mariam
Huitron, Irma >; Barragan, Raymond >;
Carver, Leiila
Subject: Respoinse to Written Appeal - 5 E. First Street, Second Floor,Tustin, CA
De,ar Ms, Patterson,
Please see the attached letter in response to the written appeal dated October 28,, 2022 by your office on behalf of the
applicant. Please confirm and respond with your preference of meeting date for the appeal) by close of business on
Friday, December 2, 2022. If no iresponse is receiived,the City will proceed with the January 10,2023 date.
Thank you,
Justina
Jlustina WillIkom
Community Devdiopment Director
300,Cenibnnall Way,Tustv,CA 92780
P.714-57a-3115 IF.?N4-573-3N 13
ioob�;S"Tl
STAY CONNECTED VVIIH US
ww Domload our app-SUE 2WEU-GoogIe F]
FN[ow us-racebook-,TwIfter
Jmn wr neW,Orf
Enclosure 1, Page 11
Patteirson, Alisha
From: Patterson, Afisha
Sent: Monday, November 28, 20,22 9:57 AM
To: WiHkom, JUStina
Cc: Cit Clerks Yasuda Erica Mad'lessi M air iairniii Huitron Irrui,aii' Bartac an Rai,,,, Mond' Carver, Leila;
Subject: ::: ppeai 0111,111, en a o I equest or rsa r rty- e atec easona)e ccornirno at on - Comprehensive
"T'reatment Center at S35 E. First Street, Second Floor, l'ustin, CA - 1 of 2
Good morning IMs, Willkom—I wanted to follow up(because we have not received a written response from the City yet
or received any dates that would work for the City for an all hands imreeting,We understand that you may need time to
review our appeal with the City's legal counsel, but it has been 30 days.To keep this process moving forward,can we
please get a, meeting date on calendar? This is time sensitive for Acadia,so we will do everything we can to work with
your staffs availability.
Allisha Pattei-son
Privileged And Confidential Cornimunication,
This electronic transmission,and any documents attached hereto,(a)are Protected by the Electronic Communications Privacy Act
Q 18 USC§§2510 252111, (b)may contain confidential and/or legally privileged information, and (c)are for the solle use of the
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electronic message.Any discloSUIre,copying,distribution,or use of the contents of the information receiived in error is strictly
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From, Wilikom,Jlustina����
i
Sent. Friday, Noveini 18, 2022 11:23 AM
To: Patterson,Alisha
' Patterson,Arlsha
Cc:City Clerk lF,;YMas�uida, Erica Madjlessii, Mariam
�> Huitro Barragan
Huitron, Irma Raymond >;
Carver, Leila >
Subject: Re:Appeal of IDeinial of Request for Disabitity-Related IReasonalble Accommodation -Comprehensive Treatment
Center at 535 E, First Street, Second Floor,Tustin, CA- 1 of 2
�Dear BMs, Pattersorii,
Enclosure 2, Page 12
We are dralting a respoia!sck to your vvii ittein appeal, aii VIVHI fOHO'W-Up afteir ouir riespoinse Its fiii,44zcd airid sent to
A c aid i a
Best,
Jt li's't III IIa a
On Nlov 16, 2 22, at 11-115 AM, Patterson, Alisha<A
wrote-,
Good morning Ms. Willkom—I am circling back to check on dates for the all hands meeting Acadia
requested to dliscuss its appeall. I don't believe we've heard anything from,the City since youir email
November 4th'. Thiis matter is time sensitive for Acadia.Cain,we get a date on calendar for sometime in
the next week and a half?
Alisha Patterson
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Communications Privacy Act(18 LIC§§2510-2521),(b)may contain confidentiaJ and/or legally privileSed
information,and(c),are for the sole use of the intended recipient narned above, If you have received this
electronic message in error, please notify the sender and delete the electronic message.Any diSCIOSUre,Copying,
distribution,or use of the contents of the information received in error is strictly prohibited.
From:Wilikorn,Jlustina
Sent: Friday, November 4, 2022 435 PMi
To: Patterson,Allisha <' >
Cc:City Clerk< Yasuda, Eirica >; Madflessi, Mariam
9 xHuiitron, Irina >; Barragan Raymond
1 0
Carver, Leila
Subject: IRe:Appeal of Denial of Request for Disabillity-Related Reasonable Accommodation -
Comprehensive Treatment Center at 535 E. First Street, Second Floor,Tustin,CA- 1 of 2
Dear Ms. Patterson,
2
Enclosure 2, Page 13
Vrainlu,you foir'11&Howfirig i uregairmfuing youir reii'for ain "aHl hands" ii-nieethrig tic) discuss Acadia's
ap�leiaL Staff l!;cunrienfly ir&Oewhng the appiealll, iindludhrg the addifloirial areasoinablernc)du Vficafioiri
request�, and wlH firs,it meet nternafly to disictiiss. We are rnlrrdftd Of YOU11ir request for the "aH hainds"
ineelfing arid vvifl ireach OLA tO the Acadia tearn after staff has eivalivalled youiir
most recentSLd)rTflttaL
Best,
I US t i irt a
On Nov 4, 2022,at 8: AM, Patterson, Alliisha >wrote:
Good morning all—l am following up on our request for an "all hands" meeting to
discuss Acadia's appeal)of its reasonable accommodation request, Can we schedule a
meeting for sometime next week?
Alisha Patterson
n
ira
00
.................... e
..........F%........................1.......
Privileged And Confidential Corniniunicatiorm.
this electronic transirnission,amid any documents attached hereto,(a)are protected by the
Electronic Cornniunications,Privacy Act(18 USC§§2510-2521),(b)may contain confidential
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narnied above. If you have received this,electronic message in error,please notify the sender and
delete the electronic message.Any disclosure,copying,distribution,or wise of the contents of the
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From: Patterson,Alisha
Sent:Tuesday,, November 1,2022 4:07 RM
Ta
Subject: RE Appeal of Denial of Request for Disability-Related Reasonable
Accommodation -Comprehensive Treatment Center at 535 E. First Street,Second Floor,
Tustin, CA- I of 2
3
Enclosure 2, Page 14
Good afternoon all—l am writing to follow up on Acadia's request for an all hands
meeting to discuss their appeal of the City"s denial of their reasonable accommodation
request.Can you please let us know which dates and times would work for the City?
Alfsha Patterson
................................................................................................................................................................................................................................................................................
Privileged And Confidential Communication,
This electronic transmission,and any documents attached hereto,(a)are protected by the
Electronic Communications privacy Act(18 USC§§21510-2521),(b)may contain confidential
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dlelete the electronic message, Any disclosure,copying,distribution,or use of the contents of the
informatioini received)in error is strictly prohibited,
From: Call, Heather
Sent: Friday, October 28, 2022 3:16 PM
To
Cc: Patterson,Alisha
Subject-Appeal of Denial of Request for Disabifity-Related Reasonable Accommodation
-Comprehensive Treatment Center at 535 E. First Street, Second Floor,Tustin,CA -1 of
2
Good oaf ternoon -
I have attached correspondence of today's date from, Alishe
Patterson, regarding the above-referenced matter,
If you have any problems accessing the letter, Tease let me know.
The original) of this letter and it's enclosures will be delivered to the
City Clerk's Office this af'ternoon.
Please note that a se aerate email will follow this one that will' contain
the enclosures to this letter since they acre voluminous (opproximately
6010 pages).
Thank yoO
—Heather
Heather ball
Legal Secretary
4
Enclosure 2, Page 15
i rrn a g. . 2 .:..1�..! g.'..:'.
...............................
Privileged And Confidential Communication.
This electronic transmission,and any documents attached hereto, (a) are protected by the
Electronic Communications Privacy Act(18 USC§§2510-2521), (b) may contain confidential
and/or legally privileged information,and (c) are for the sole use of the intended recipient
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delete the electronic message.Any disclosure,copying,distribution,or use of the contents of the
information received in error is strictly prohibited.
5
Enclosure 2, Page 16
Patteirson, Allisha
From: Patterson, Afisha
Sent: Friday, September 30, 2022 2:01 VM
To: Michael S. Daticit
Subject: RE: Comprehensive Treatment Center at S3S. E. First Street, Tustin
Good afternoon Michael—I am circling back to see if we can,get a meeting on calendar with staff and the applicant to
dliscuss the reasonable modification request. Would it be possible to set up a time in the next week or two?
Allisha Pattei,,w,
Privileged And Confidential Cornir-nunication.
Phis electronic transirriission,and any documents attached hereto,(al are Protected by the Electronic Communications Privacy Act
(18 USC§§2510-252111,(b)may contain confidential and/or legally privileged information,and(c)are for the sole use of the
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From: Michael S, Daiudt
Sent: Wednesday, September 21, 2022 2:36 PM
To: Patterson,Ahsha<APatterson@rutan.com>
Subject: RE: Comprehensive Treatment Center at 535. E. First Street,Tustin
Hello Alisha,
Thanks for the message. Staff will revise its agenda report accordingly, We will get back to you regarding the requested
meeting once we have had an opportunity to review your client's most recent submittal,
Best,
Michael
Michael S. Daudt
Director
WWW,'N'SVavTcorYi
.............................................
Enclosure 3, Page 17
SPRADLIN&SMART
A pretat % 1111mevl
CONFOIENTIALJTY NOTICE—This e-mail transmission,
and any documents,files or previous e-maiI messagies
attached to it may contain, information that is confidentiaI or
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you are hereby notifiied that you must not read this,
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immediately notify the sender by telephone at 714415-1059
or return ia-mail and delete the original)transmission and its
attachments without reading or saving in any manner. Thank
you,
From: Patterson,Alisha >
Sent- Wednesday, September 21, 2022 2:02 PM
To: Michael S. Daiudt
Cc: David E. Kendig
rian ding
x Wyd
Diana
A =x Daniel Hymas
>- Philip Teyssier Parn�5apettto
r
<t Andrea Maloney!i >
Subject- RE-. Comprehensive Treatment Center at 535,. E. First Street,Tustiin
Good afteirinoon, Michael—Thank YOU so much foir caHing me yesterday. I confirmed that the applicant is oin bloand with
requesting a continuance to a date uncertain wfth the understainding that this wifl not resuillt in addifional dellays. WOLOd
it be posslUe to get a meeting vvith City staff and the appficant on caleindair in the next two weeks to discuss the
appAcant"s reasonable modification request?
Alisha Patterson
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This electronic transirnission,and any documents attached hereto,(a)are protected by the Electronic Coirrimunications Privacy Act
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From: Patterson,Ahsha
Sent-Tuesday,September 20,20,22 2-50 PM
To: 'DKendig@wss-lavv.com'1
Cc: 'JWiIlkom@tustinca,on 'MM,adjJessi@tusfinca,or,
Vasuda@tustinci >; "ihuitron@tustinca.org' mmmr=
2
Enclosure 3, Page 18
11 rbairragain
, @t
uistinca,org'
— M; 'LCa,rver@
tustinca.org"
i 'BrianSpa
lding'
'CignaWyco� >' 'Danel Hymas'rr i, p Teyssier' <, >; 'Pam Sapetto"
< >, Andrea
Maloney'
Subject. IRE: Comprehensive Treatment Center at 535, E. First Street, Tustin
David—Acadia's Project Manager, Brian Spalding got a call from Justina Willkom around the same time I was emailing
t1
you suggesting the City continue the Planning Commission hearing to October 25h. We wanted to circle back and let
you know Acadlia is agreeable to that suggestion. Please let us know if there is anything else the City needs from us.
Alisha Pattei-son
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(18 USC§§2510-2521)1,(1))may contain,confidential and/or legally privileged infortnation,and(c)are for the solle ruse of the
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From: Patterson,Alisha
Sent-,Tuesday, September 20J, 20,22 2:29 P,M
; Brian Spalding F; Diana Wyclo
>; Daniel Hlvmais<M >- Philhilp Teyss ier
P
y
Pam Sapeltto EW>, AndireaMa�=oney
Subject.Comprehensive Treatment Center at 535, E. First Street,Tustin
Good afternoon David—I believe we've previously met, but it's been awhile, so I wanted to reach out and re-introduce
myself. My office is working with California Treatment Services(a subsidiary of Acadia Healthcare Company, Inc.)
("Acadia")on their application with,the,City of Tustin,for a comprehensive treatment center (CTC) at 53,5. E. First Street
in the City of Tustin. Earlier today, we submitted the attached reqluest for a dliisa,biillity-irelated reasonable modification.
The Tustin Planning Commission is schedUled to resume a public hearing on Acadia's CTC next Tuesday(9/'27). We plan
to submit a request that the hearing be continuied. Before we request a date(or ask the hearing Ibe continued to a date
uncertain),we wanted to touch base with you and your team and see if the City had any suggestions on how to
streamline this process. Our goal is to avoid unnecessary delay to the extent possible,
If we request a continuance to a date certain, we are considering asking for a 30-60 postponement (but we're not sure
whether the IPlannin,g Commission will hold its November meetings because they are on,election day and the week of
Thanksgiving). If the City accepts Acadia's requested modification (ie.,categorizing the proposed use as"by right"),then
further involvement of the Planning Commission hearing will not be necessary.
3
Enclosure 3, Page 19
If you have questiions or would like to dliscuss by phone,the best number to reach me is my celll—(530)400-8447.We
look forwand to your input!
Allisha Patterson
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4
Enclosure 3, Page 20