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HomeMy WebLinkAboutOB 2 ALCOHOL DRUG FAC 11-04-91OLD BUSINESS NO. 2 11-4-91 Inter -Com LATE: NOVEMBER 41 1991 TO: WILLIAM A. HUSTON, CITY MANAG$R FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: ALCOHOL DRUG AND RECOVERY FACILITIES RECOMMENDATION It is recommended that the City Council: 1. Authorize the Mayor to transmit correspondence to local state legislators, the League of California Cities and surrounding cities requesting support for modification to state law relating to licensing of community care and drug and alcohol recovery facilities. 2. Instruct staff to initiate a Code enforcement action against Recovery Homes of America facilities at 13682 Yorba Street, 13671 Rosalind Drive and 13681 Rosalind Drive and to take whatever follow-up activities necessary to gain code compliance including initiating legal action through the City Attorney's office. BACKGROUND At the October 7, 1991 City Council meeting a group of residents from the Yorba Street, Linda Lane, Laurie Lane, Rosalind neighborhood presented a petition objecting to the licensing of a third Drug and Alcohol Recovery Facility in their neighborhood. Staff was directed to investigate the State regulations regarding licensing this type of facility, investigate complaints regarding violations of local city codes on the properties operated by Recovery Homes of America, Inc. and to examine the process for modifications to State laws relating to licensing of drug and alcohol recovery facilities. As the City Council is aware, over the years numerous complaints have been received from area residents in the vicinity of Yorba Street and Laurie Lane regarding these types of facilities. In 1988, the Tustin City Council directed city staff to lobby for modification to State law that would permit local land use control over both community care and drug and alcohol facilities. A resolution was prepared and presented to the League of California Cities requesting support for legislative changes. The Resolution Committee of the League failed to support the cities resolution. City Council Report Alcohol Drug and Recovery Facilities November 4, 1991 Page 2 Primary areas of concern from Tustin in supporting the proposed included the overconcentration, operation, control, and administration of the facilities. There have also been specific concerns in the past about whether certain facilities were violating the provisions of local city codes. A letter requesting legislative changes was also sent to Senator John Seymour and Assemblyman John Lewis. Three years have elapsed and no action has been taken by the Senate, Assembly or League of Cities to modify regulations pertaining to community care or drug and alcohol facilities even though other cities have similarly attempted to promote change. The Health and Safety Code which establishes licensing requirements has also not changed since 1988 when this issue was'last investigated by the City. The three drug and alcohol facilities operated by Recovery Homes of America (13682 Yorba Street, 13671 and 13681 Rosalind Drive) are licensed for a maximum of 16 per home by the State Department of Alcohol and Drug Programs under provisions of Chapter 7.5 of Part 2 of Division 105 of the Health and. Safety Code. Pursuant to the Health and Safety Code, facilities serving six or fewer persons must be considered a single family residential use of property for the purpose of zoning. Facilities which fall under this classification include residential homes or care facilities for the mentally disordered, handicapped, developmentally disabled, elderly, dependent and neglected children and for alcohol and drug recovery. Current law prohibits -the City from imposing stricter zoning or building and safety standards upon these facilities than those which are applied against other family dwellings in the same residential zoning district. The State Department of Alcohol Drug and Programs has been contacted by phone to discuss licensing requirements. On October 21 1991 the State issued a license to operate a drug and alcohol recovery facility for a maximum of six -people at 13681 Rosalind, the third such Recovery Homes of America facility located in the Yorba, Linda Lane, Rosalind neighborhood. Although these facilities are clustered together which is an issue disruptive to the neighborhood, the Department of Alcohol and Drug Programs representative stated that there is no separation distance or overconcentration criteria for alcohol and drug recovery facilities licensed by the State which serve six or fewer persons. City Council Report Alcohol Drug and Recovery Facilities November 4, 1991 Page 3 Since spacing/separation requirements do not apply to drug and alcohol recovery facilities, in many neighborhoods this results in an overconcentration of facilities which disrupt the residential environment. In addition, such facilities may generate higher traffic levels, require additional parking spaces and require greater public facilities and city services due to the greater number of people occupying one residence which includes residents as well as counselors, volunteers and office help. Although the focus of the petition has been on the drug and alcohol facilities in the neighborhood, similar overconcentration of community care licensed facilities also exist. The 1988 report to Council identified five such facilities in the Yorba/Rosalind neighborhood. The licensing of the facility at 13681 Rosalind makes a total of six facilities in the neighborhood. Facilities licensed by community care for six or fewer persons include congregate living for the mentally ill, physically disabled, development disabled, dependent and neglected children and do have 300 foot distance separation requirement; however, this is inadequate to protect the integrity of most residential neighborhoods. In a typical subdivision of 70 foot wide lots, this would theoretically permit a facility every fifth house all of which would be exempt from local land use review and control. For this reason it is imperative that current limitations imposed on local jurisdictions in regulating the location and concentration of both community care and alcohol and drug facilities be amended. CODE ENFORCEMENT Through conversations with the State Department of Drug and Alcohol Programs and observations of neighboring residents, the City has found that all residents of the three Recovery Homes of America facilities may congregate daily for group therapy sessions which last up to three hours. While interviewing Doctor Michael Stone, owner of the facilities and Ms. Anne Barcus, facility manager, city staff was informed that current operating procedures limit group therapy to only six residents at any one time, although therapy participants may be from one of the other two adjacent facilities, group sessions are not necessarily limited to the residents of the house. Group meetings involving residents of the other facilities are not a typical residential activity. Pursuant to the Tustin City Code, gatherings or assembly is not a permitted use in an R1 single City Council Report Alcohol Drug and Recovery Facilities November 4, 1991 Page 4 family home. Staff will be proceeding in coordination with the city attorney's office with code enforcement action against the properties and issue a Notice and Order that the facility is conducting an operation which is not permitted in the R1 zone. Staff also recommends that the City Council lobby for the following modifications to State law: The State should return City's local land use .control to ensure that the integrity of residential neighborhoods is protected. 1. Require any proposed community care or drug and alcohol facility to apply for a permit to use a lot zoned for single- family dwellings. The Community Development Director or designee would be responsible for reviewing and acting on the applications. A permit would be granted if the proposed community care or drug and alcohol facility complies with the following criteria prescribing reasonable standards for the use and complies with regulations adopted by the State Fire Marshal and no protests are filed: 1) A 'maximum of two vehicles associated with the facility may be parked on the site at any time; 2) Residents may not park or store personal vehicles at the facility; 3) A maximum of six residents which would include any part time or full time staff would be permitted at the facility; 4) No gatherings/ assembly meetings in the home with persons who are not residents of the permitted facility; 5) Noise standards shall be consistent with local noise ordinances. The City shall process the required permit and charge fees for review not to exceed the costs of the review and permit process. Ten days prior to the date on which the decision will be made on the application, the Community Development Director or designee shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a 300 foot radius of the exterior boundaries of the proposed community care or drug and alcohol facility. No hearing on the application for a permit will be necessary unless a protest is filed or a hearing is requested by the applicant or other affected person. If the permit is protested, a public hearing before the Planning Commission shall be required. 2. The State should legislatively reinforce its policy to prevent overconcentration which impairs the integrity of residential neighborhoods, by stipulating that no residential community City Council Report Alcohol Drug and Recovery Facilities November 4, 1991 Page 5 care facility or drug or alcohol recovery facility serving six or fewer persons be closer than a distance of 3, 000 feet from any structure housing similar facilities. The Director of Community Care Licensing and the Director of Alcohol and Drug Program shall not have the authority to waive this separation requirement. 3. To determine adequate separation between similar facilities licensed by separate agencies, the Department of Social Services and the Department of Alcohol and Drug Programs shall be required to formally contact one another as well as the impacted local jurisdiction to ensure that adequate separation is provided before licensing requests are processed. As an alternative in order to eliminate the current complexities and duplication in licensing and monitoring of similar facilities, we would strongly recommend that the State consider increasing the efficiency and effectiveness of their licensing systems by streamlining and consolidating the administration and licensing of community care facilities and drug and alcohol recovery facilities so that the function is handled by one State agency. 4. To ensure that local jurisdictions are aware of all licensed community care and alcohol drug recovery facilities, each responsible agency shall notice local jurisdictions and receive city verification that a permit has been processed and approved prior to processing license requests for the facility to ensure compliance with local zoning requirements for the use. 5. To ensure response to local complaints, the Department of Social Services and. the Department of Alcohol and Drug Recovery shall respond to complaints about the subject facilities in writing within 10 days with a copy of response to complaints to be forwarded to the local jurisdiction. RitA Westfielif Christine A. Shinglet Assistant Director of Assistant City Manager Community Development Department RW:CAS:kbc\alcodrug.rw