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HomeMy WebLinkAboutPlanning Comm Reports/1994/4/11 PLANNING COMMISSION INFORMATION MEMO May 11, 1994 SUBJECT: Chair and members of the Planning comm~'s i n Ken Lee, Assistant Director of Plannin ! Steve Griffin, Principal Planner ~ Conditional Use Permit PCC-94-40, Modification to conditions of approval for Mental Health systems, 249-257 Broadway TO: VIA: FROM: At its April 27, 1994 meeting, the Planning Commission reviewed an application for a conditional use permit submitted by Mental Health Systems, Inc. The proposal requests permission to establish a substance abuse counseling and monitoring program for probationers at 249-257 Broadway, wi thin the C-T zoning district. As a pUblic/quasi-public program, this is considered an Unclassified Use, and requires approval by the City Council after recommendation by the Planning Commission. After reviewing the proposal, the Planning Commission voted unanimously (5-0) to recommend approval of the project to the City council, subject to thirteen conditions of approval listed in the staff report. Subsequent to the Planning commission hearing, staff was advised that vicky Markey, Deputy Chief of the Department of Probation, had concerns regarding their ability to 'comply with the following conditions originally proposed by staff and reviewed and recommended for approval by the Planning commission: A probation officer shall be on site during all times at which clients are present Any client found or suspected to be under the influence of alcohol or illegal drugs shall be removed from the site and transported by a probation officer to the client's residence or to a County facility, per the policy statement which has been incorporated into the program description. In the attached letter dated May 9, 1994, Robert Gaudi of Mental Health Systems states that the County Probation Department does not have the resources to provide probation officers on site during all hours of operation. However, he points out that officers will be on site from 7:00 a.m. to 6:00 p.m. (the facility will be open until 8:00 p.m), and that officers will be made available by pager during all hours of operation. According to Mr. Gaudi, the clients seen during the evening hours are holding down daytime Mental Health Systems PCC-94-40 Planning commission Memo Paqe 2 of 2 jobs; they are generally more stable and reliable and therefore are less likely to pose a situation in which the presence of probation officers would be necessary. with respect to the second condition referenced, the applicant has asked that the item be re-worded to indicate that while the probation officer will ensure that the subject client be removed from the site, the officer need not be the person to remove the client. This will allow the probation officers some flexibility in handling potential situations as they deem appropriate, while still providing for the removal of a problem client. Staff feels that the applicant has provided reasonable alternatives to the subject conditions, and that they have addressed the secarity concerns for which the original conditions were written. It is believed that the requested amendments can be accommodated, and the two conditions discussed have therefore been rewritten to reflect the requested changes in the draft Council resolution (see conditions "e" and "g" in the attached resolution). The Council has the authority to amend conditions as it deems necessary. However, as noted, the Planning Commission, in making its recommendation for approval, did not review these changes. The intent of this memo is to bring the changes to the attention of Planning Commission so that if individual members have concerns regarding the changes they may contact staff directly to discuss them. Any issues raised would then be communicated to the Council, who will be considering this application at their May 24, 1994 meeting. The Council has the option of referring the matter back to the Commission for rehearing and recommendation. If you have any question, please contact me at 691-5257 by the end of the day on Friday, May 13, 1994. Attachments May 9, 1994 letter from Robert Gaudi Draft City Council resolution with amended conditions SG:pn 9440pc. i nf 05-1121-1994 12: 12PM FROM """'TAL t-EAL TH SYSTEMS INC TO 6915171 P .1212 - - - 3420 COmir,Q ::el l?iO No S;..)!e 215 Son Ooaoo Co 92108 .ENTAL HEALTH SYSTEMS, INC. (619) 2$3.0:254 FA;( 2&3.2864 Ma}' 9, 1994 City o.f Chula Vista Planning Department Attn: Hr. Steve Griffin, Principal Planner 276 4th Ave, Chula Vista, CA 91910 Re: Conditional Use Permit PCC-94~40; Mental Health Systems, Inc. ~ , Dear Steve: The City of Chula Vista Planning Department recommended that the planning commission adopt a resolution recommending that the City Council approve the above referenced Conditional Use Permit requested by Mental Health Systems, Inc. subject to thirteen conditions. After a careful review by Mental Health Systems, Inc. and by San Diego County Department ot Probation officials, it was determined that two of those conditions are not practical all currently articulated, They are: Item E. A probation otticer shall be on site during all times at which clients are present. Item G. Any client found or suspected to be under the influence of alcohol or illegal drugs shall be removed from the s1 te and transported by a probat ion of f icer to the client's residence or to a County facility, per the policy statement which has been incorporated into the program description. Item E. is not practical as the County of San Diego Probation Department simply doell not have the assets to allow tor a probation officer to be on-site at all times, Probation officers assigned to the program have recently been increased from a total of three to a new total of four and a further increase is just not feasible. Additionally, the probation ofticers work from 7 a.m. 6 p.m. daily performing a myriad of tasks including administrative duties, court work and court reports in addition to their one-on-one work with their assigned clients. To lengthen their days to include the night oroups would be onerous. As an alternative to this requirement, we propose that during the evening hours, in lie') of an on-site probation officer, that a probation officer be made ~vailable through personal pagers (the pagers are already avail~ble and will be issued this week.) Response time, using the pagers would be no more than 15 to 20 minutes. Should an unlikely event occur wher~ we needed a more rapid response we would use the 911 police emeroency option. We believe this to be a reasonable MentOl Heclt!'l S,.".ml. A Nonprofit CC)rporotIO~ ... .. . _ . ,. , .... ~ _L. ...._L'_ 05-10-1994 12'12PM FROM MFNTAL HEALTH SYSTEMS INC TO 6915171 P.03 , conditional Use Permit PCC-94-40; Mental Health SYstem's, Inc. alternative as the evening classes consist of probationers who are holdinQ down full-time jobs during the day and they are our most reliable, stable and cooperative clients. It is to their distinct advantage to fully participate in the program; the sanctions available should they fail to cooperate are stern. We h~vp not had a problem with this group during the three years we have operated the South Bay proQram and we do not anticipate any. In regard to Item O. This item is not practical as writtep because probation officers simply cannot always transport the clients to their residences. As an alternative to this, we recommend that the item be rewritten so that it indicates that a probation officer w1.ll ensure that any client found or suspected to be under the influence of alcohol or illeQal drugs will be removed from the site and the aurroundinQ area and dealt with appropriately either throuQh return to their residence, transport to a detoxification facility or transport to a jail -- which is the current protocol, We hope that these alternatives meet with your approval, Steve. If there is a question or if there seems to be a problem with the alternatives as we have presented them, please do not hesitate to call me as we are certainly eager to follow this process throuQh to a successful completion. ' Thanks again for all your help. Sincerely, ,~ ert D. Gaudi istant Adminiltrator cc: Clinical & Executive Directors Donna DaUDI RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING CONDITIONAL USE PERMIT PCC-94-40 TO ESTABLISH A SUBSTANCE ABUSE COUNSELING AND MONITORING PROGRAM FOR PROBATIONERS AT 249-257 BROADWAY WHEREAS, a duly verified application for a conditional use permit was filed with the Planning Department of the City of Chula Vista on February 9, 1994 by Mental Health Systems; and WHEREAS, said application requests approval of a conditional use permit (PCC-94-40) to allow a substance abuse counseling and monitoring program for probationers to be located at 249-257 Broadway in the C-T zoning district; and 'WHEREAS, the Environmental Review Coordinator has determined that this proposal is exempt from environmental review under CEQA as Class l(a) and Class 5 exemptions; and WHEREAS, the Planning Commission held a public hearing on April 27, 1994 and voted 5-0 recommending that the City Council approve subject project; and WHEREAS, the City Clerk set the time and place for a hearing on said application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within an area greater than 500 feet of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May 24,1994 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby find: 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The conditional approval of PCC-94-40 is necessary and desirable in order to provide a service which will contribute to the general well being of the community by providing counseling and monitoring designed to reduce substance abuse and related crime. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The conditional approval of PCC-94-40 should not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the program and clients are well controlled and conditions have been included to address potential off-site impacts. That the proposed use will comply with the regulations and conditions specified in the code for such use. The project will be required to comply with all applicable ~odes, conditions, and regulations on a continuing basis. In approving this use, the Council finds that the use is similar to a church/office use in that the meeting room used for group counseling would represent a typical parking ratio of 1 per 3- 1/2 seats or approximately four spaces for the counseling area, with a total of eight required parking spaces for the entire facility. 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of PCC-94-40 will not adversely affect the General Plan in that counseling facilities such as that proposed are permitted as an Unclassified Use upon approval of this conditional use permit by the City Council. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby grants conditional use permit PCC-94-40 subject to the following conditions whereby: a. The program shall comply with the schedules submitted by the applicant modified by these conditions. descriptions and unless otherwise b. The program shall comply with all applicable state and county licensing requirements and regulations for such programs. c. Eight of the fourteen on-site parking spaces shall be labeled and designated for the Probationers in Recovery program. d. Group sessions shall be limited to groups of 15 clients or less. e. A probation officer shall be on site or available by pager during all times at which clients are present. f. No group activities shall take place on-site on weekends. g. Any client found or suspected to be under the influence of alcohol or illegal drugs shall be removed from the site and transported to the client's residence or to a County detoxification facility or to jail, per the policy statement which has been incorporated into the program description. h. Clients of the program shall not be allowed to loiter or congregate in the vicinity of the subject site. Clients shall remain on site for the duration of their visits, and breaks shall be conducted within the enclosed building. i. Where feasible, residents of Chula Vista shall be given preference for entry into the program. j. Program coordinators shall encourage clients who are required to participate in community service activities to investigate involvement in organizations based in Chula Vista. k. The permit shall be reviewed in one year by Planning staff in consultation with the Police Department to ensure no adverse impacts as well as compliance with all conditions of approval. Upon a positive finding, no further review shall be necessary. A negative finding shall result in the forwarding of a recommendation for revocation to the Planning Commission for consideration. At any time prior to that date, however, substantiated conflicts with, or complaints from the surrounding neighborhood will be cause for immediate review and possible revocation of the permit. 1. The permit shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety, or welfare which the City shall impose after advance written notice to the permittee and after the City has given to the permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. m. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. That a copy of this resolution be transmitted to the applicant. Presented by Approved as to form by Bruce M. Boogaard City Attorney Robert A. Leiter Director of Planning PASSED, APPROVED AND ADOPTED of Chula Vista, California, this following vote: by the City Council of the City day of May, 1994, by the YEAS: NOES: ABSENT: ABSTAIN: Beverly Authelet City Clerk