Agenda Packet_2026-02-03 - Laserfiche WebLink

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3 - 3 SECTION 1. DUE PROCESS DEFICIENCIES The following procedural deficiencies materially limited the ability of affected residents to participate meaningfully in the public review and hearing process, resulting in an incomplete and imbalanced record prior to approval. 1.1 Notice Irre ularitie The Public Hearing Notice was addressed to "Occupant" rather than to the registered property owners of the Trust residence most directly affected by the proposal. In addition, the Notice referenced CUP No. 2025-21 on the mailing envelope, while the enclosed document referenced CUP No, 1982-18-MOD-1. These inconsistencies reasonably contributed to the likelihood of the Notice being disregarded as unsolicited or unrelated mail. Asa result, affected residents were not properly or clearly informed of the nature of the proposal, the applicable CUP under review, or the potential impacts, thereby undermining a foundational step in due process. 1.2 Limited Access Time for Public Review The public was afforded only 72 hours to access, review, and interpret the project materials prior to the hearing. This timeframe was unreasonable given the volume, complexity, and technical nature of the documents, including architectural plans, studies, and staff reports. The compressed review period materially limited the ability of affected residents to understand the proposal, assess potential impacts, consult subject-matter experts if needed, and prepare informed comments for the hearing. 1.3 Unsolicited PurchaseOfferto the Only_R-1 ResidenceSharing a Direct BoundaLy with the Applicant's Institutional Property Prior to any public notice being issued to the Trust regarding the pending CUP modification, the Applicant delivered a legally presented, all-cash Purchase Offer to acquire the only R-1 I'k - residencesh aring a direct property boundary with the Applicants institutional property. The offer was made through a California Residential Purchase Agreement and Joint Escrow Instructions, dated May 12, 2025, and included the following terms: f k All-cash offer • 21-day or sooner closing • No appraisal or loan contingencies Flexible timing to accommodate the family's needs This offer was directed toward the only directly adjacent R-1 residence that would be uniquely and materially affected by the proposed CUP modification, including impacts to residential quiet enjoyment, land-use stability, and increasing institutional encroachment into a single- family zone. i The timing of this offer -- made prior to the Trust receiving any public notice regarding the pending CUP modification — is notable given the City's documented record of the Trust's ! participation in R-1 zoning matters affecting this residence, including public comment on CUP No. 2024-12 for the adjacent institutional property at 5321 W. McFadden Avenue. 1 1 3 City Council 18 — 19 2/3/2026 1