Appeal of Minor Conditional Use Permit: 5761 Mountain Hawk Dr.
Overturn the Planning Commission approval based on Use Incompatibility, Scale and Operator REQUEST
Summary of Appellant’s PositionWe support recovery services, but location and scale matter and are appropriate bases for denial.The proposal is no longer a "neighborhood home“ — it is a Regional Institutional Hub. Quadrupling capacity (from 6 to 24 beds) changes the fundamental nature of the land use.Eliminating much needed 7 affordable housing units in our community.
Conflict Map"Institutional Island" in a residential sea.Directly on a primary student walking route.Adjacent to a sensitive Riparian Corridor/Fire Zone.
Zoning Integrity (The General Plan)Neighborhood Commercial (CN) Goal:To serve the day-to-day needsof local residents.The Mismatch:The proposed expansion provides zero daily services to Skyhawk residents.Precedent:If CN zoning allows a regional institution here, no local plaza in any district is protected.
Intensity vs. Physical SuitabilityFrom 6 to 24 beds: quadrupling the intensity.24/7 rotating staff shifts, medical deliveries, and emergency vehicle frequency.The site was designed for small-scale retail, not high-turnover institutional care.Lack of solution of smoking for 24 patients and staffOverconcentration: 500 feet away from another community care facility Discrediting "Independent" Support- PC Findings Unsupported by EvidencePlanning Commission was told "businesses support this”The Truth:The applicant is the landlordfor these businesses.Tenant support is a financial byproduct, not a community consensus.
Safety & Fire Evacuation Risks- No Evaluation of Impacts24 clients + staff at a single exit point in a fire-prone area is a liability.Detox patients are "under care" and cannot evacuate themselves independently.Making evacuation thru Hwy 12 exit worse for 400+ homes
Pura Vida Practice & Impact on Neighborhood10+ loud people smoking on front porch multiple times a dayNeighbors are very unhappy about the noises Neighbors are very unhappy the amount of parking the staff take up6-bed Townview Facility (1506 Rone Dr) is used for day programming for all three existing Pura Vida detox facilitiesUp to18 clients for day programming hereNeighboring houses have been on and off the market for many years without a sale after several price reductions.
Commissioners’ Dissenting Voice – Skyhawk Neighborhood was unrepresentedCommissioner Carter:Noted site is unsuitable for this intensity.Commissioner Sanders:Questioned the lack of data showing a need to expand for thisspecific location.Missing Voice:District 5’s appointee (Horton) was absent.
Collective Community Voice500+ people opposed120+ submitted written objections to City Council and Planning CommissionersConstituent opposition across all 7 Districts.This is a city-wide mandate to protect neighborhood Commercial zoning.
ConclusionThe project violates the spirit of the "Complete Neighborhood" vision.Council has the discretion and ability to say no to this proposalRequest:Uphold the Appeal. Deny the Permit.The Council cannot make Finding "C" (Compatibility) or Finding "D" (Suitability).