City Council

10. APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY\nCONDITIONAL USE PERMIT 2022-0009 Conditional Use Permit (CUP)\n2022-009 is a request to allow the operation of an outpatient treatment\nand counseling center (Comprehensive Treatment Center or CTC) for\nopioid use disorder utilizing medicated-assisted treatment (MAT) in\ncombination with counseling and therapies at 535 E. First Street. The\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1683 5/6\n3/2/23, 2:48 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nproposed project will occupy a 10,610 square foot tenant space on the\nsecond floor of an existing office building. The hours of operation will be\nMonday through Friday from 5:00 am to 2:00 pm and Saturdays from 6:00\nam to 9:00 am. It is anticipated that on average approximately 1401 total\nclients would be served per day. The project site is located within the\nDowntown Commercial Core Specific Plan Development Area 3 (DCCSP-\nDA3) where Medical Clinics for Out-patients Only are listed as\nconditionally permitted uses. On January 10, 2023, the Planning\nCommission adopted Resolution No. 4456 (Attachment A), denying CUP\n2022-009. On January 19, 2023, the property owner (listed above) filed an\nappeal of the Planning Commission’s decision denying the proposed\nproject (Attachment B). The appeal hearing before the City Council is de\nnovo. The written appeal states that: (1) the decision of the Planning\nCommission denying the project should be reversed and that CUP 2022-\n0009 be approved, pending revision of the proposed Conditions of\nApproval; (2) City staff has been unwilling to meet the applicant or\nproperty owner in order to discuss the proposed use, most notably\nregarding the conditions of approval prior to only making them available\nless than six (6) days prior to the Planning Commission hearing date,\nthereby blocking any input; (3) after the motion by the Planning\nCommission to deny the proposed use, the Planning Commission Chair\ndid not follow proper procedures in allowing any discussion on the motion\non the floor, and instead, pushed ahead to vote on the motion; (4) the\ninformation presented to the Planning Commission by staff was done so\nwithout their clear understanding of the facts; (5) the City Attorney’s office\npromised to provide public records as they become available, but failed to\ndo so; and (6) there has been a gross violation of proper procedure.\nAMERICANS WITH DISABILITIES ACT ("ADA") ADVISORY STATEMENT\nRELATED TO THE PROPOSED PROJECT: If approved, the proposed\nCTC would exclusively serve persons receiving treatment for Opioid Use\nDisorder. To be a patient at the CTC, an individual cannot be actively\nusing illegal drugs. Persons receiving such treatment are qualified\nindividual[s] with a disability afforded full protection under the ADA and the\nADA prohibits the City from discriminating against qualified individuals in\nmaking land use decisions. In considering this application and the appeal,\nthe City Council may not treat the proposed CTC differently than it would\nany other medical clinic. It may not base its decision on the fact that\npatients at the CTC will be receiving treatment for Opioid Use Disorder.\nNor may unsubstantiated fears, prejudice, or stereotypes related to\npersons recovering from Opioid Use Disorder form the basis of the City\nCouncil’s decision.\nRecommendation: Pleasure of the City Council.\nAGENDA ITEM (Due to the file size, it may take a few minutes to\ndownload)\nOTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY\nCOUNCIL MEMBER COMMENTS AND REPORTS