City of Tustin, CA

Meeting: Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm

Meeting Time: March 07, 2023 at 5:30pm PST

Agenda Items

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REGULAR BUSINESS ITEM 9

9. APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY REQUEST FOR DISABILITY-RELATED MODIFICATION OF CITY POLICIES, PRACTICES, AND/OR PROCEDURES Philip Teyssier of Atomic Investments, Inc. (“Appellant”) appeals from the Planning Commission’s denial of a request for disability-related reasonable modification of City policies, practices, and/or procedures to allow California Treatment Services, a subsidiary of Acadia Healthcare Company, Inc. (“Acadia”) to operate an outpatient treatment and counselling center (“Comprehensive Treatment Center” or “CTC”) at a commercial property owned by the Appellant located at 535 E. First Street. AMERICANS WITH DISABILITIES ACT (“ADA”) ADVISORY STATEMENT RELATED TO THE PROPOSED PROJECT: If approved, the proposed CTC would exclusively serve persons receiving treatment for Opioid Use Disorder. To be a patient at the CTC, an individual cannot be actively using illegal drugs. Persons receiving such treatment are “qualified individual[s] with a disability” afforded full protection under the ADA and the ADA prohibits the City from discriminating against qualified individuals in making land use decisions. In considering this application and 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.

Comment

PUBLIC HEARING ITEM 10

10. APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY CONDITIONAL USE PERMIT 2022-0009 Conditional Use Permit (CUP) 2022-009 is a request to allow the operation of an outpatient 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. The proposed project will occupy a 10,610 square foot tenant space on the second floor of an existing office building. The hours of operation will be Monday through Friday from 5:00 am to 2:00 pm and Saturdays from 6:00 am to 9:00 am. It is anticipated that on average approximately 1401 total clients would be served per day. The project site is located within the Downtown Commercial Core Specific Plan Development Area 3 (DCCSP-DA3) where Medical Clinics for Out-patients Only are listed as conditionally permitted uses. On January 10, 2023, the Planning Commission adopted Resolution No. 4456 (Attachment A), denying CUP 2022-009. On January 19, 2023, the property owner (listed above) filed an appeal of the Planning Commission's decision denying the proposed project (Attachment B). The appeal hearing before the City Council is de novo. The written appeal states that: (1) the decision of the Planning Commission denying the project should be reversed and that CUP 2022-0009 be approved, pending revision of the proposed Conditions of Approval; (2) City staff has been unwilling to meet the applicant or property owner in order to discuss the proposed use, most notably regarding the conditions of approval prior to only making them available less than six (6) days prior to the Planning Commission hearing date, thereby blocking any input; (3) after the motion by the Planning Commission to deny the proposed use, the Planning Commission Chair did not follow proper procedures in allowing any discussion on the motion on the floor, and instead, pushed ahead to vote on the motion; (4) the information presented to the Planning Commission by staff was done so without their clear understanding of the facts; (5) the City Attorney's office promised to provide public records as they become available, but failed to do so; and (6) there has been a gross violation of proper procedure. AMERICANS WITH DISABILITIES ACT ("ADA") ADVISORY STATEMENT RELATED TO THE PROPOSED PROJECT: If approved, the proposed CTC would exclusively serve persons receiving treatment for Opioid Use Disorder. To be a patient at the CTC, an individual cannot be actively using illegal drugs. Persons receiving such treatment are qualified individual[s] with a disability afforded full protection under the ADA and the ADA prohibits the City from discriminating against qualified individuals in making land use decisions. In considering this application and 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.

Comment

OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY

COUNCIL MEMBER COMMENTS AND REPORTS

ADJOURNMENT - The next meeting is scheduled on Tuesday, March 21, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.