Current Projects

CalOptima Recuperative Care, Post Hospitalization Housing, and PACE Center

Project Status:

As of August 2, 2023, this project has been officially withdrawn by the applicant. Please see below for a history regarding actions related to this project.

On June 26, 2023, the Planning Commission conducted a public hearing and adopted the following resolutions:

• Resolution No. 4476 denying a request for Disability-related Reasonable Accommodation of City policies, practices and/or procedures related to a proposed recuperative care, post-hospitalization housing, and “program of all-inclusive care for the elderly” at 14851 Yorba Street and 165 North Myrtle Avenue, and,
• Resolution No. 4477 denying the appeal and upholding the Community Development Director’s Use Determination (UD 2023-0002), related to a proposed recuperative care, post-hospitalization housing, and “program of all-inclusive care for the elderly” at 14851 Yorba Street and 165 North Myrtle Avenue.

The Planning Commission's actions were not appealed.

Project Location:

14851 Yorba Street and 165 N. Myrtle Avenue

Project Planner: 

Raymond Barragan | Principal Planner | (714) 573- 3016 | rbarragan@tustinca.org

Project Description:

On October 17, 2022, the applicant filed a request for a CUP to allow the operation of the proposed land uses to provide services to individuals who are 55 years or older and as defined below:

• Recuperative Care: A “short-term housing [program] inclusive of comprehensive care management and housing navigation services paired with traditional medical oversight from trained professionals over an up-to-90-day stay”; this program is only available to unhoused individuals; 
• Post-Hospitalization Housing: A program that “provides Guests additional time to receive medical support and permanent housing assistance immediately after the Recuperative Care Program … [t]here is no difference in the services provided, eligibility criteria, or room location” as compared to Recuperative Care; this program is only available to unhoused individuals; and
• Program of All-Inclusive Care for the Elderly (PACE): A program that “enable[es] older adults to remain living in the community and out of institutions” by providing services that include “on-site medical care, a day-activity center, transportation, rehabilitation therapies, meals, homecare, medications, medical equipment, and coverage for hospital and long-term care.” 

Community Development Director’s Use Determination (UD 2023-0002)

On April 19, 2023, the Community Development Director issued a Use Determination, referenced as “UD 2023-0002” pursuant to TCC Section 9298b, as follows (click here to view the Director's Use Determination letter):

• The Community Development Director determined that the proposed Recuperative Care and Post-Hospitalization Housing uses are not similar in character to other uses conditionally permitted in the P&I District; therefore, they are not permitted in the P&I District, nor are they permitted in the Pr or SP9 districts. The operational characteristics of the proposed Recuperative Care and Post-Hospitalization Housing components are similar in character to residential uses such as extended care facilities or supportive housing, setting the proposed land uses apart from uses that are conditionally permitted in the P&I District.  Additionally, the P&I District does not explicitly list Recuperative Care or Post-Hospitalization Housing as permitted land uses; and 
• The Community Development Director determined that the operational characteristics of the proposed PACE use is consistent with a hospital use. Hospital uses are conditionally permitted uses in the P&I District. As such, the PACE use can be allowed with the review and approval of a CUP by the Planning Commission.

Appeal of the Community Development Director’s Use Determination (UD 2023-0002)

On April 27, 2023, the applicant submitted an appeal of the Community Development Director’s Use Determination.  The applicant’s appeal is as follows: 

• That the proposed project should be considered one integrated use and characterized as “a ‘hospital’ or ‘similar’ use to a hospital” and therefore a Conditionally permitted use on the project site.

The applicant’s appeal includes a statement that all aspects of the Use Determination are appealed, except for the determination that the PACE aspect of the project is a conditionally permitted use under the site’s zoning district and general plan land use designation.  

Appeal from Denial of Request for Disability-related Reasonable Accommodation

On April 27, 2023, pursuant to Section 35.130(b)(7)(i) of Title 28 of the Code of Federal Regulations, the applicant submitted a formal request for a disability-related reasonable accommodation in the form of a modification to the City of Tustin’s policies, practices, and/or procedures to avoid discrimination on the basis of disability with regard to the UD 2023-0002 determination. The applicant requests that the Planning Commission reconsider the Use Determination decision and grant its appeal pursuant to Section 35.130(b)(7)(i) of Title 28 of the Code of Federal Regulations. The applicant states that the project would temporarily house and otherwise serve elderly (55 years and older) low income patients with physical and/or behavioral health impairments that substantially limit major life activities as those terms are defined in the Americans with Disabilities Act (“ADA”) (28 C.F.R. 35.108).

On June 12, 2023, the City denied the request for Disability-related Reasonable Accommodation (RA) for the proposed project and determined that a modification of the City’s policies, practices, and/or procedures is not warranted to accommodate the proposed project (click here to view the City's denial letter).

The City acknowledges that persons with physical and/or mental impairments that substantially limit major life activities, are qualified individuals afforded full protection against discrimination under the Americans with Disabilities Act (28 C.F.R. § 35.108). Furthermore, the City is obligated to make reasonable modifications to its policies, practices, or procedures - including land use planning and zoning regulations - when the modifications are necessary to avoid discrimination on the basis of disability (28 C.F.R. § 35.130(b)(7)). 

After thorough review of the RA request, the Director determined that a modification of the City's polices, practices, and/or procedures is not warranted. The documentation submitted to the City by CalOptima establishes that Recuperative Care and Post Hospitalization Housing guests must be “[a]ble to complete all Activities of Daily Living (ADLs) independently or with minimal assistance” in order to participate in the program.  Accordingly, not only does CalOptima’s documentation fail to establish that the intended guests of the Project will or must suffer from any disability, the program parameters outlined by CalOptima expressly exclude those individuals who are “[u]nable to complete ADLs, personal care, or medication administration,” thereby apparently excluding disabled individuals from participation.  

With regard to the PACE portion of the proposed Project, the Director has determined that “the operational characteristics of the proposed PACE use is consistent with a hospital use. Hospital uses are conditionally permitted uses in the P&I District. As such, the PACE use can be allowed with the review and approval of a CUP by the Planning Commission.”   

On June 12, 2023, the applicant notified the City of its appeal of the City’s denial of the Request for Disability-related RA. 

CEQA:

The appeal heard on June 26, 2023 was determined to be Categorically Exempt pursuant to Section 15301 (Class 1) of the California Environmental Quality Act (CEQA).

Information and Questions:

Information relative to the above-referenced public hearings items is available at the following link: https://www.tustinca.org/282/Meetings-Agendas. The information is also on file in the Community Development Department and is available for public inspection at City Hall.  Anyone interested in the information above may contact Raymond Barragan, Principal Planner, at (714) 573-3016 or via email at rbarragan@tustinca.org.