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HomeMy WebLinkAboutCC 10 COMM CARE FAC'S 12-02-91,., 'ONSENT CALENDAR NO. 10 f,.k 12-2-91 ATE. DECEMBER 2, 1991 011-1 TO: WILLIAM A. HUSTON, CITY MANAGER Ff;ciW CHRISTINE A. SHINGLETON, ASSISTANT CITY MANAGER SU BEC- T= RESOLUTION TO BE PRESENTED TO LEAGUE OF CALIFORNIA CITIES RELATED TO COMMUNITY CARE FACILITIES RECOMMENDATION It is recommended that the City Council authorize transmittal of the attached draft resolution for consideration by the League of California Cities. BACKGROUND The City Council at their regular meeting on November 4, 1991 approved staff's recommendation supporting modifications to State laws relating to licensing of Community Care and Drug and Alcohol Recovery facilities. As part of the comprehensive approach to strength and gather support for local jurisdiction authority staff has prepared a resolution for presentation by the Council to the League of California Cities. This resolution can also be transmitted to other cities or interested persons for their use in supporting these legislative changes. Christine A. 4Shingfton Assistant City Manager CAS:kbc\comcare.mem RESOLUTION NO. RESOLUTION RELATING TO THE LOCAL LAND USE REGULATIONS OF RESIDENTIAL COMMUNITY CARE AND DRUG AND ALCOHOL RECOVERY PROGRAMS Whereas, residential community care and drug and alcohol recovery homes and facilities licensed by the Community Care Licensing process of the State Department of Social Services and the State Department of Alcohol and Drug Programs and operating on a 24-hour basis within residential neighborhoods serving six (6) or. fewer persons are intended to provide normal residential surrounding and environment for special need groups such as the mentally ill, physically disabled, developmentally disabled, dependent and neglected children, elderly and for drug and alcohol recovery; and Whereas, current State law prohibits local jurisdictions from imposing stricter zoning, building and safety standards upon these facilities from those applied against other family dwellings in a Residential Zoning District even though such facilities may generate higher traffic, require additional parking spaces and require greater city services due to the number of people occupying one residence; and Whereas, the current overconcentration and operation and administration of these facilities can and is having a serious impact on the integrity of residential neighborhoods in many communities and the maintenance and enhancement of property values as evidenced by city records that indicate there are a minimum of six licensed community care or drug/alcohol recovery residential homes within a 700 foot radius in the Yorba Street, Fairmont Way, Rosalind Drive neighborhood and neighborhood complaints regarding the trespassing, illegal parking, loitering by residents of the facilities; and Whereas, current State code provisions on overconcentration for residential community care facilities are inadequate to maintain the integrity of established residential neighborhoods due to licensing regulations which permit community care facilities to be located as close as 300 feet from a similar facility resulting in changes to single family neighborhood creating an environment of congregate living facilities; and Whereas, current State Code does not have distance separation requirements or overconcentration criteria for drug, and alcohol recovery facilities creating an Resolution No. Page 2 overconcentration of facility uses in some neighborhoods evidenced by situations such as in the Yorba Street/Rosalind Drive area where three alcohol/drug recovery facilities are clustered together with a twenty (20) foot separation between facilities; and Resolved, that the League support legislation for local jurisdictions to impose reasonable standards and restore local land use control over sites proposed for community care and alcohol and drug recovery facilities to ensure that the integrity of residential neighborhoods are preserved by: 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 Resolution No. Page 3 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 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 - Resolution No. Page 4 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.