HomeMy WebLinkAbout3.7.23 - ITEM 10Appeal of the Planning Commission’s Decision to
Deny Request for Conditional Use Permit 2022 -0009
535 E. First Street
City Council
March 7, 2023
Request-
Appeal of the
Planning
Commission’s
Decision to
Deny Request for
Conditional Use
Permit2022 -0009
The CUP request considered by the Planning
Commission is to allow the operation of an out-
patient treatment and counseling center
(Comprehensive Treatment Center or CTC)for opioid
use disorder utilizing medicated-assisted treatment
(MAT)in combination with counseling and therapies
at 535 E.First Street,Second Floor.
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Planning
Commission
Denial of CUP
January 10,2023 -The Planning Commission held a
public hearing and adopted Resolution No.4456
denying CUP 2022 -009.
January 19,2023 -The property owner filed an appeal
of the Planning Commission's decision.The appeal
hearing before the City Council tonight is de novo.
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Project Overview
Project Site
5
535 E. First St.
2-story building
Surrounding
Uses
6
Operator
Background
Applicant is Acadia Healthcare Co.Inc.(Acadia),a
provider of behavioral healthcare services
Operates a network of 227 facilities in 40 states and
Puerto Rico,as of 2021 .
145 facilities are considered CTC and provides
comprehensive medicated assisted treatment (MAT).
Applicant has fourteen (14)CTC facilities in California.
Closest CTC facilities are located in Wilmington,Colton,
and Oceanside
Closest facility in Orange County is located in the City
of Santa Ana
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Operator
Background
Santa Ana Comprehensive Treatment Center located at
2101 E 1st Street, Santa Ana, CA
Located approximately one mile from the proposed project site in
Tustin
Santa Ana location is set to be decommissioned with the
opening of the proposed Tustin location
Applicant indicated that the project site in Tustin has been
selected because of its proximity to the existing Santa Ana location
Operating characteristics of the Santa Ana are similar to those
proposed for the Tustin project site
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Project
Description
The CUP request is to establish an outpatient
opioid use disorder treatment program clinic (CTC)
utilizing MAT in combination with counseling and
behavioral therapy that includes:
On-site dosing
Take -home dosing
Curb-side dosing
Individual one-on-one and group counseling
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Licensing and
Certifications
Required for
Proposed Use
Local Government Agency (City of Tustin CUP)
Substance Abuse and Mental Health Services
Administration (SAMSHA)
Under the U.S.Department of Health &Human Services
California Department of Health Care Services (CA -
DHCS)
Drug Enforcement Agency (DEA)
Other agencies
Accreditation of Rehabilitation Facilities (CARF),Board of
Pharmacy (BOP),and the Orange County Health Care Agency
(OCHCA)
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Site Plan
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Floor Plan
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Operational
Characteristics
Operational characteristics include:
Hours of operation (5 a.m.to 2 p.m.);
(80-1401 patients per day)
Duration of each office visit
Varies from four-minute or longer
On-site dosing,on-site counseling and behavioral
therapies
Curbside Dosing,when necessary
13
1 While the submitted application indicated an average of 140 patients daily, at the Planning Commission meeting of
January 10, 2023, the applicant provided a much higher number of approximately 300 patients daily.
Daily patients
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Santa Ana CTC Location
2101 E. 1st. St., Santa Ana, CA
Specific Date in 2023 Daily Patients for Dosing
January 2 78 patients
January 3 304 patients
January 4 298 patients
January 5 280 patients
January 6 332 patients
1 While the submitted application indicated an average of 140 patients daily, at the Planning Commission meeting of
January 10, 2023, the applicant provided a much higher number of approximately 300 patients daily.
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Operational Characteristics -Comprehensive Treatment Center (CTC)
535 E. First St., Tustin, CA
Business Days and Hours Dispensing “Peak Time”1 Daily1
Open Close (Dosing) Hours Patients Patients
Monday
-Friday 5:00 a.m.2:00 p.m.5:00 a.m. to 12:00
p.m.
6:00 a.m.-9:00
a.m.
(100 patients)
140
patients
total
Saturday 6:00 a.m.9:00 a.m.6:00 a.m. to 9:00
a.m.
6:00 a.m.-9:00
a.m.
(140 patients
total)
140
patients
total
Sunday Closed Closed N/A N/A
1 While the submitted application indicated an average of 140 patients daily, at the Planning Commission meeting of
January 10, 2023, the applicant provided a much higher number of approximately 300 patients daily.
Dosing Operations
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Counseling
and Drug
Screening
Counseling is provided in individual and group settings
Not all patients are required to attend therapy sessions on-site during
their dosing visit
Random drug screening by urine analysis can be
administered on-site for certain patients
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Other Operational
Characteristics
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Medication
Safe
All medication would be stored in a DEA
approved safe
During non-dispensing hours,all medication
would be returned to the secured storage
area and the security system would be
armed and monitored for phone line
interruption,power interruption and
invasion
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Security
Cameras and an alarm system to secure the
building
Security system with “panic buttons”
Interior security cameras within of the building area
with the exception of counseling therapy rooms
No security cameras will be installed on the exterior
of the building,exterior pedestrian paths,exterior
parking lot,or the curbside dosing areas
No detailed security plan submitted
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Security Guard
and Loitering
One (1)unarmed security guard to monitor the
second-floor tenant space and parking lot,and to
discourage loitering and illicit activity
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Operator Past
Performance
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Operating Characteristics Comparison
Santa Ana CTC (2101 E. 1st Street, Santa Ana, CA) and Proposed Tustin CTC
(535 E. First St.)
Santa Ana Proposed in Tustin1
Location
3,940 square feet on
First Street, 1-mile
from the project site
10,000 square feet
Weekday Hours 5:00 a.m. –2:00 p.m.5:00 a.m. –2:00 p.m.
Saturday Hours 6:15 a.m.to 9:15 a.m.6:00 a.m. –9:00 a.m.
Sunday Hours Closed Closed
No.Employees 18 20 -25
No.Patients Estimated 300 per day 140-300 per day
Security Guard One (1)One (1)
1 While the submitted application indicated an average of 140 patients daily, at the Planning Commission meeting of
January 10, 2023, the applicant provided a much higher number of approximately 300 patients daily.
Operator Past
Performance –
Calls for Service
1/1/20-6/1/2022
Over 29-month
period
Santa Ana Comprehensive Treatment Center
2101 E. 1st. Street, Santa Ana, CA
Type of Police Service No. Calls for Service
Patrol check 27
Narcotic activity 25
Disturbance-transient 17
Pedestrian check 17
Assisting fire department 10
Other 68
TOTAL 164
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Operator Past
Performance –
Calls for
Service
1/1/20-
6/1/2022
Over 29-
month period
25
Operator Past
Performance
Calls for
Service –
Year 2020
26
Calls for
Service –
Year 2021
27
Calls for
Service –
Partial Year
2022
28
Calls for Service
–Detailed
Overview
Calls for Service
1/1/20-6/1/2022
Over 29-month
period
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Comparison to
Urgent Care
Clinics in Tustin
Calls for Service
1/1/20-6/1/2022
Over 29-month
period
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Potential Impacts and
Concerns
Potential
Impacts and
Concerns
1.Compatibility with adjacent
Residential and Other Sensitive Uses
2.Compatibility with other Businesses
3.Police Calls for Service
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Potential
Impacts/
Concerns
1.Compatibility with adjacent Residential and Other Sensitive Uses
a)Hours of Operation
b)Influx of clients
c)Safety and Potential Nuisances
d)Curbside Dosing
e)Impacts to Schools
2.Compatibility with other Businesses
a)Lack of security plan
b)Hours of Operation
c)Curbside dosing
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Potential
Impacts/
Concerns
3.Police Calls for Service a)Operator past performance in Santa Ana
i.Nuisance incidents and criminal conduct have accompanied this applicant’s operation
b)Mirrored operations: Santa Ana & Tustin. Operator proposes operation in Tustin in the same manner
i.Potential significant increase for calls for service to Tustin Police Department
ii.Same illegal activities may occur in Tustin due to operator lack of control of their site
c)One security guard for 2-acre site
Two -story building
Some parking areas are obscured
After hours security
d)Appears operator unable to mitigate nuisances and criminal activity 34
Public
Comments
Prior to the publication of the City Council report,staffreceivedonehundredandthirty-five (135 )publiccommentsrelatedtothisCUPapplication(PC/CC).
One hundred and seven (107)stated opposition to therequest,ten (10)stated they had concerns with therequest,three (3)stated support for the request and theremainingfifteen(15)inquiries were general in nature.
At the January 10,2023 Planning Commission hearing,there were a total of five (5)speakers,four (4)providedcommentinoppositionoftherequestandone(1)member of the public provided comment in support oftherequest.
A petition in opposition to the request with 220signatureswasalsoreceivedthatday.
A general summary of the comments has been providedinthestaffreport.
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CEQA
It is recommended that the City Council find that this
project is Categorically Exempt pursuant to Section
15301 (Class 1)of the California Environmental Quality
Act (CEQA)
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Recommendation –
Pleasure of the
Council
The City Council is asked to consider all the facts
included in the report and determine whether the
establishment,maintenance,and operation of the
proposed project will or will not be detrimental to the
health,safety,morals,comfort,and general welfare of
the persons residing or working in the neighborhood of
the proposed use,and whether it will or will not be
injurious or detrimental to the property and
improvements in the neighborhood and to the general
welfare of the City.
Two (2)sets of resolutions that include findings to
support or to deny the requested CUP pursuant to TCC
Section 9291c (Attachments O and P of the staff report).
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Appeal of the Planning Commission’s Decision to
Deny Request for Conditional Use Permit2022 -0009
535 E. First Street
City Council
March 7, 2023
Slides Not Used
SLIDES NOT USED
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Statement
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“If approved,the proposed CTC would exclusively serve persons receiving
treatment for Opioid Use Disorder.To be a patient at the CTC,an individual
cannot be actively using illegal drugs.Persons receiving such treatment are
“qualified individual[s]with a disability”afforded full protection under the
Americans with Disabilities Act (“ADA”).And the ADA prohibits the City from
discriminating against qualified individuals in making land use decisions.
In considering this application and the appeal,the City Council may not treat
the proposed CTC differently than it would any other medical clinic.It may not
base its decision on the fact that patients at the CTC will be receiving
treatment for Opioid Use Disorder.Nor may unsubstantiated fears,prejudice,
or stereotypes related to persons recovering from Opioid Use Disorder form
the basis of the City Council’s decision.
However,the City Council may assess the operational characteristics of the
proposed use and its potential impacts –without reference to the persons
receiving treatment at the CTC –and make a determination based on the
criteria set forth at TCC §9291(c).”
Appeal States:
The appeal states that:
(1)The decision of the Planning Commission denying the projectshouldbereversedandthatCUP2022-0009 be approved,pending revision of the proposed Conditions of Approval;
(2)City staff has been unwilling to meet the applicant or propertyownerinordertodiscusstheproposeduse,most notablyregardingtheconditionsofapprovalpriortoonlymakingthemavailablelessthansix(6)days prior to the Planning Commissionhearingdate,thereby blocking any input;
(3)After the motion by the Planning Commission to deny theproposeduse,the Planning Commission Chair did not followproperproceduresinallowinganydiscussiononthemotiononthefloor,and instead,pushed ahead to vote on the motion;
(4)The information presented to the Planning Commission bystaffwasdonesowithouttheirclearunderstandingofthefacts;
(5)The City Attorney's office promised to provide public recordsastheybecomeavailable,but failed to do so;and
(6)There has been a gross violation of proper procedure.
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Background –
Proposal
CTCs use medicated-assisted
treatment (MAT) and behavioral
therapy and counseling to treat
patients with opioid use disorders
involving substances such as heroin,
morphine, and other prescription
painkillers.
MAT involves the use of medications
such as methadone, suboxone,
subutex, and vivitrol that eliminate
the drug cravings and withdrawal
symptoms that typically occur when
an opioid-dependent individual stops
using his or her substance of abuse.
MAT is used in combination with
counseling and behavioral therapy, in
a one-to-one or group setting.
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COMPREHENSIVE TREATMENT CENTERS (CTC)
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NoticingAugust 11, 2022
–PH Noticed in
Tustin News,
posted on-site,
300’ radius
August 15, 2022
–Applicant
request for PH
continuance
August 23, 2022
–PC opened
PH, input, and
cont’d to Sept.
27, 2022
Sept. 15, 2022 –
PH Noticed in
Tustin News,
posted on-site,
300’ radius (for
9/27 mtg)
Sept 20, 2022 -
Applicant
submits formal
request for a
disability-
related
reasonable
modification to
allow the
operation of a
CTC
Sept. 27, 2022 -
PC opened PH,
heard public
input and
continued the
PH to date
uncertain
October 21,
2022 -City
denied the
request for
Disability-
related RA
December 29,
2022 –PH
Noticed in
Tustin News,
posted on-site,
300’ radius, and
IPL
January 10,
2023 –
PC considered
RA
determination
appeal; CUP
process
proceeds
Noticing
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Background –
Timeline
April 12, 2022 -
Community
Development
Director issued
a land use
determination
April 19, 2022
–CUP
application
filed
August 15,
2022 -
Applicant
submitted a
request to
continue the
PH for at least
30 days
August 23,
2022 -Project
initially noticed
as a public
hearing before
PC
August 23,
2022 –PC
opened the
PH, heard
public input,
and continued
the PH to
September 27,
2022
Sept 20, 2022 -
Applicant
submits formal
request for a
disability-
related
reasonable
modification to
allow the
operation of a
CTC
Sept 27, 2022 –
PC opened PH,
heard public
input and
continued the
PH to date
uncertain
October 21,
2022 -City
denied the
request for
Disability-
related RA
January 10,
2023 –
PC considered
the appeal and
denied the RA
request; CUP
process
proceeds
January 10,
2023 –PC
considered the
CUP and
denied the
request.
January 19,
2023 –Appeal
filed.
March 7, 2023
–RA appeal
considered by
City Council
and denied.
Background -Timeline