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HomeMy WebLinkAboutResolution No. 97-C0130 0 RESOLUTION NO.9 7 -C 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, GRANTING THE RESEARCH AND TREATMENT INSTITUTE'S APPEAL AND APPROVING ITS APPLICATION FOR A CONDITIONAL USE e PERMIT (C-96-1) AND A PRECISE PLAN OF DESIGN (P-96-30) WITH CONDITIONS OF APPROVAL WHEREAS, the Research and Treatment Institute ("RTI") has applied for a Conditional Use Permit ("CUP") and a Precise Plan of Design (P-96-30) ("Precise Plan") to operate a group home type of facility at 125 West Sierra Madre Avenue in the City of Azusa which is located within a C-2 commercial zone; and WHEREAS, the Planning Commission has held public meetings and hearings on RTI's request for a CUP on the following dates: April 24, 1996, May 15, 1996, August 14, 1996, and November 27, 1996; and WHEREAS, on September 11, 1996, the Planning Commission adopted Resolution No.96-33 denying RTI's application for the CUP and Resolution No.96-34 denying the Precise Plan of Design; and WHEREAS, on September 30, 1996, RTI appealed the Planning Commission's denial to the City Council; and WHEREAS, the basis for RTI's appeal was that: a) the City of Azusa's Municipal Code required a CUP for a psychiatric facility in a C-2 zone, but did not require a hospital (as defined in the Code) to obtain a CUP for operation in the C-2 zone, and, therefore, the CUP requirement violated California Welfare and Institutions Code section 5120; and b) the findings needed to obtain a CUP were satisfied and c) the findings made by the Planning Commission to deny the CUP were discriminatory against children with disabilities; and WHEREAS, the issues raised by RTI in its appeal to the City Council constituted new allegations and purported evidence that was not presented to the Planning Commission; and WHEREAS, the zoning provisions of the City Code provides that the City Council may refer an appealed matter back to the Planning Commission where new evidence or allegations which could have been presented to the Planning Commission have been presented for the first time on appeal to the City Council; and WHEREAS, on November 4, 1996, the City Council referred RTI's CUP and Precise Plan of Design applications back to the Planning Commission for reconsideration and directed the Planning Commission to make a recommendation to the City Council on whether RTI's appeal ON'RSRC161840 0 E should be granted or denied in light of the new evidence and allegations presented by RTI; and WHEREAS, on November 27, 1996, the Planning Commission held a public meeting at which the evidence and allegations raised by RTI were addressed and the Planning Commission recommended that the City Council deny the appeal; and WHEREAS, on December 4, 1996, the City's amended and re -codified zoning regulations which require a CUP for all hospital facilities in the C-2 commercial zone, became effective, and, therefore, RTI needs a CUP for its facility; and WHEREAS, after careful and thoughtful consideration of all pertinent testimony, the staff report, letters submitted, evidence in the record and the application of California Welfare and Institutions Code Section 5120 and other state and federal statutes to RTI's proposed project, the City Council has decided to reverse the Planning Commission's denial of the CUP and approve the CUP and the Precise Plan based on the findings contained herein, NOW, THEREFORE, be it resolved by the City Council of the City of Azusa as follows: Section 1: RTI has represented by letter dated November 27, 1996 and oral testimony given by its representative, Dr. Chuck Leeb, at the Planning Commission's November 27, 1996 meeting, that it intends to operate a high-quality, state licensed group home facility to provide treatment and educational training to children with severe emotional disabilities. Section 2: Although RTI has not asserted that it is a "hospital" or "health facility for inpatient or outpatient psychiatric care" which are the subject of California Welfare and Institutions Code section 5120, the City Council has determined that under the City of Torrance v. Transitional Living Centers for Los Angeles. Inc. (1982) 30 Cal.3d 516 case the City does not have authority to deny RTI's CUP since "hospitals" and "health facilities" are a conditionally permitted use of the property pursuant to the City's Municipal Code. Section 3: Based on the information submitted by RTI and evidence and testimony presented at the public meetings and hearings the City Council finds that no compelling evidence is present in the record to demonstrate that RTI's project will: a. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area; or b. Be materially detrimental to the use, enjoyment or valuation of property of others located in the vicinity of the site; or c. Jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare. OYMC161840 0 0 Section 4: Subject to the conditions of approval set forth in Exhibit "A" attached hereto and incorporated herein by reference, the City Council approves the CUP and the Precise Plan. Section 5: While RTI's proposed use may have incidental impacts on the public peace, ' comfort or welfare of persons living in the surrounding area, these effects can be mitigated with the s, conditions of approval. Staff is hereby directed to perform an annual review and evaluation of the CUP in January of each year and provide the City Council with a written report and recommendation whether RTI is in compliance with its conditions as set forth in Exhibit A. Section 6: The City Clerk shall certify to the passage and adoption of this Resolution and the same shall take effect on the date of its adoption. PASSED, APPROVED AND ADOPTED this 3rd day of February, 1997. 1 ✓ " �11 Mayor I HEREBY CERTIFY that the foregoing Resolution No. 97—C13 was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof, held on the 3rd day of February , 1997, by the following vote of the Council. AYES: CITY COUNCIL MEMBERS: NARANJO, BEEBE, ALEXANDER NOES: CITY COUNCIL MEMBERS: NONE ABSENT: ITY COUNCI EMBERS: NONE ABS CIT OUNCI / EMBERS: HARDISON, MADRID 11Z CITY CLERK APPROVED AS TO FORM: ONN'R4R061840 0 0 Exhibit "A" Conditions of Approval for Conditional Use Permit C-96-1 The Research and Treatment Institute's Application to Operate a Group Home Facility The Research and Treatment Institute's application for a conditional use permit (C-96-1) and a precise plan of design (P-96-30) is specifically conditioned upon the following: 1. RTI shall at all times that it operates the facility comply with all provisions of the Azusa Municipal Code and the zoning ordinance of the City of Azusa; 2. RTI shall obtain and continue in effect at all times all necessary permits required by any local, county, state or federal agency in order to lawfully operate its group home facility; 3. RTI shall at all times comply with all applicable building requirements and fire department requirements; 4. Any and all improvements or renovations to the existing structure on the property shall be done in conformance with the plot plan submitted to the City for the facility; 5. RTI shall provide prior to commencing operations of the facility and shall maintain 55 parking spaces at the facility in accordance with the City's Zoning Ordinance; 6. RTI shall install and maintain that landscaping and irrigation system described in the plot plan that has been submitted for the facility. Furthermore, RTI shall maintain the landscaping in a standard required by the Azusa Municipal Code; 7. RTI shall maintain the interior and exterior of the facility in a clean and sanitary condition at all times. RTI shall maintain all buildings and walls in good repair and shall remove any and all offensive markings or graffiti from the exterior walls of the facility within 24 hours from the time such markings or graffiti are placed on the wall; 8. In January of each year, staff shall conduct a review and evaluation of RTI's facility and operations and shall submit a written report to the City Council concerning whether RTI is in compliance with its conditions and staff shall recommend a course of action. 9. RTI shall pay to the City on the 1st day of each month commencing on the 1st day of that month, following the earlier to occur of the following: (a) issuance to RTI by the State of California of a group home license, and (2) occupancy of the facility by residents, the sum of One Thousand Two Hundred and Fifty Dollars ($1,250) which sum shall be placed into the City's Police Services Fund. The City shall use the $1,250 for the sole purpose of offsetting the direct and indirect costs which the City's Police Department incurs in direct response to RTI's facility. The monthly sum for the Police Services shall be increased on February 1 of each year in accordance with the 01-TSRC161840 Consumer Price Index for the previous 12 -month period for the All Urban Consumers in the Los Angeles -Anaheim -Riverside area as published by the United States Department of Labor; 10. RTI shall prepare for the Police Department's approval a security and monitoring plan for the facility consistent with all applicable Federal, State and County regulations. '- RTI shall complete said plan prior to commencing operation of the facility, shall adhere to said plan, and shall revise said plan on an annual basis thereafter upon reasonable written request by the Police Department, provided that such request is not inconsistent with applicable Federal, State, and County regulations; II. The City shall within thirty days of the effective date of the adoption of the resolution approving the CUP record such resolution against the property with the Los Angeles County Recorder; 12. By accepting approval of the CUP and Precise Plan subject to the conditions set forth herein, RTI and any successor in interest shall be deemed to have agreed to the terms and conditions set forth herein and the City shall have the right to enforce in its sole discretion such terms and conditions by pursuing any and all available legal and equitable remedies, including but not limited to revoking the CUP; 13. RTI's representative shall sign in the space provided below, acknowledging that RTI fully understands the conditions of approval contained herein and the potential consequences of not complying with the conditions of approval. By: bra. Dr. Chuck Leeb Date: 2V/ P ;z OM\SR061840