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HomeMy WebLinkAboutOB 2 RESIDEN COMM CARE 7-5-88OLD BUSINESS TO: FROM: SUBJECT: WILLIAN HUSTON, CITY PIANAGER COliB~UNITY DEVELOPHENT DEPARTHENT RESIDENTIAL COHHUNITY CARE AND DRUG AND ALCOHOL RECOVERY FACILITIES RECOHHENDATION 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 Yorba House I, 13682 Yorba Street. BACKGROUND The City Council at their meeting on June 20th continued their discussion on the subject topic to permit the Community Development Department and City Attorney's office to evaluate the ability of the*City to regulate residential community care and drug and alcohol recovery facilities. As the City Council is aware, numerous complaints have been received from area residents in the vicinity of Yorba Street and Laurie Lane regarding these type of facilities. Primary areas of concern include the overconcentration, operation, control, and administration of the facilities. There have also been specific concerns about whether certain facilities were violating the provisions of State and local codes. Staff are aware of five (5) community care or drug/alcohol recovery residential homes in the subject vicinity identified as follows and on the attached exhibit. City Council Report July 5, 1988 Community Care Facilities Page two L 1. Yorba House IV- Recovery Homes of America, Inc; 13671 Rosalind, Tustin; drug/alcohol recovery. 2. Yorba House ! - Recovery Homes of America, Inc.; 13682 Yorba Street, Tustin, Ca.; drug/alcohol recover~. 3. Laurel House - 13631 Fairmont, Tustln; dependent and neglected children. 4. Harmony Guest Home - 17441 Laurie Lane, Tusttn; elderly residential. 5. Unknown facility - 13531 Yorba Street, County; drug/alcohol recovery. The three alcohol and drug recovery facilities located on Yorba Street are licensed by the state Department of Alcohol and Drug Programs under provisions contained in Chapter 7.5 of Part 2 of Division 10.5 of the Health and Safety Code. The Harmony Home and Laurel House are licensed by the Community Care Licensing Division of the State Department of Social Services. Each of these agencies have their own licensing requirements with inspections conducted regularly. Pursuant to the Heal th and Safety Code, certain types of facilities like those mentioned above serving six or fewer persons must be considered a 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 dj'strict. Section 1520.5 of the Health and Safety Code would permit the Director of Community licensing to deny an application for a new residential community care facility if the location would result in overconcentration {a distance of 300 feet or less from another facility) based on a recommendation of a local city or county where the facility is located. Unfortunately, these current code provisions on overconcentration are not adequate to maintain the integrity of established residential neighborhoods and facilities such as homes for the elderly and alcohol and drug recovery homes are not subject to these code provision~ on overconcentration. Recognizing current limitations imposed on local jurisdictions in regulating the location and concentration of community care and alcohol and drug recovery facilities, staff would recommend that the City Council lobby for the following modifications to State law: 1. The State should return to City's local land use control over sites to ensure that the integrity of residential neighborhoods are protected. Corn rnunity DeveloPrnent Department Cil:y Council Report July 5, 1988 Communi ty Care Facilities Page three We would suggest a modification to State law which prohibits a city from denying or prohibiting a residential community care or alcohol/drug recovery facility and requires granting of nondi scretionary permit for such facilities provided that they complyI with loca,1 ordinances which prescribe reasonable standards, restrictions and requirements concerning spacing and concentration, traffic control, parking and noise control. An example of a similar code provision is contained in Section 1597.46 as related to local control over large family day care centers. 2. The State should legislatively reinforce its policy to prevent overconcentration which iMatrs the integrity of residential neighborhoods, by stipulating that no residential community care facility or drug or alcohol recovery facility serving six of fewer persons be closer than a distance of 1,000. 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 to ensure that adequate separation is provided. As an alternative in order to eliminate the current con~lexities and duplication in licensing and monitoring of similar facilities, we would strongly recommend that the State consider increasing the efficiency and effecti veness of their 'licensing systems by streamli ni ng and consoli dating 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 prior to licensing the facility to ensure compliance with local zoning requirements for residential uses. 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. The above legislative modifications should be requested of Senator John Seymour (Charles Wilson, Senator Seymour's Aide has already indicated to Community Development staff willingness to support legislative changes noted above) and Assemblyman .John Lewis and the League of California Cities (see attached sample correspondence). Resolutions supporting such legislative changes should also be Lrequested from surrounding communities who have al so experienced si milar overconcentrations of these facilities such as Santa Aha. Corn munity DeveloPment Department City Counctl Report July 5, 1988 Community Care Facilities Page four In addition to the above approach, information has also been made available to Community Development Department staff that Yorba House I located at 13681 Yorba Street Is serving more than six residents since It provides food service for other facilities and serves as an educational center and meeting place. This information has been validated by the Department of Alcohol and Drug Program. Staff, therefore, wishes to proceed in a code enforcement action on this matter to request revocation of the State license for such' facility as well as notice informing the operator of the facility that they are conducting an operation which is not permitted in the R-1 zone. ~mmunl ty ievelopme Christine Shing . _~. n~ CAS: pef Attachments' Sample letter to senator Seymour Map L Community Development Department · · o .. 13682, ~'17441 -, RESIDENTIAL CARE FACILITIES TUSTIN CITY BOUNDARY July 5, 1988 Honorable John Seymour California State Senate 35th District Room 3074, State Capital Secramento, California 95814 Dear Honorable Senator Seymour' I am writing to register the City of Tusttn's concern regarding alcohol and drug recovery facilities licensed by the State Department of Alcohol and Drug Program and residential community care facilities licens'ed by the Community Care Licensing Division of the State Department of Social Services and to urge you to initiate and support legislation which will address our concerns. The concern of Tusttn residents is not the existence of community care and drug and alcohol recovery homes or facilities, but the overconcentration and unresponsive operation and administration of these facilities which is having a serious impact on the integrity of residential neighborhoods in our community and the maintenance and enhancement of residential property values. Within one particular area of the City in the vicinity of Yorba Street and Laurie Lane, there are five community care or drug/alcohol recovery facilities. 1. Yorba House IV - Recovery Homes of America, Inc; 13671 Rosalind, Tustin; drug/alcohol recovery. 2. Yorba House !- Recovery Homes of America, Inc.; 13682 Yorba Street, Tustin, Ca.; drug/alcohol recovery. 3. Laurel tlouse - 13631 Fairmont, Tustin; dependent and neglected children. 4. Harmony Guest Home - 17441 Laurie Lane, Tustin; elderly residential. 5. Unknown facility - 13531 Yorba Street, County; drug/alcohol recovery. As shown on the attached exhibit at least three of the above facilities are separated by less than 300 feet. Since at least 1985, the City has received continuous nu~-n-ce complaints about these facilities and their concentration. Complaints have largely involved noise, traffic, parking problems and disorderly conduct. Tustin residents wonder how current rules governing the residents of these facilities ensure their integration and compatibility with surrounding residences. Unfortunately, the City has to inform our residents that current law prohibits the City from ensuring compatibility of these facilities with existing residential uses. Senator Seymour Residential Care Facilities July 5, 198 Page two Pursuant to ~ectlons 1267.8, 1566.3, 1569.85, 5115, 1596.70 and 11834.11 of the Health and Safety Code, certain types of facilities like those mentioned above serving six or fewer persons must be considered a 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. Section 1520.5 of the Health and Safety Code permits the Director of Community licensing to deny an application for a new residential community care facility if the location would result in overconcentration {a distance of 300 feet or less from another facility) based on a recommendation of a local city or county where the facility is located. Unfortunately, these current code provisions on. overconcentration are not adequate to maintain the integrity of established residential neighborhoods and facilities Such as homes for the elderly and alcohol and drug recovery homes are also not 'subject to these code provisions on overconcentrati on. Recognizing current limitations imposed on local jurisdictions in regulating the location and concentration of community care and alcohol and drug recovery facilities, the following modifications to state law are recommended: 1. The State should return to City's local land use control over sites proposed for community care and alcohol or drug recovery facilities to ensure that the integrity of residential neighborhoods are protected. We would suggest a modification to State law which would prohibit a City from denying a residential community care or alcohol/drug recovery facility provided such a facility complies with local ordinances which prescribe reasonable standards, restrictions and requirements concerning spacing and concentration, traffic control, parking and noise control. An example of similar statuatory provisions are contained in Section 1597 of the Health and Safety code as related to local control over large family day care centers. 2. The State should legislatively reinforce its policy to prevent o verconcentrati on whi ch could impair the i ntegri ty of resi denti al neighborhoods, by stipulating that no residential community care facility or drug or alcohol recovery facility serving six of fewer persons be closer than a distance of 1,000 feet from any structure housing similar facilities. The responsible agency (i.e. Director of Community Care licensing and the Director of Alcohol and Drug-Program) should not have the authority to waive this separation requirement. Senator Seymour Residential Care Facilities July $, 1988 Page three 3. To determine adequate separation between similar facilities licensed by separate agencies, the Oepartment of Soctal Services and the Department of Alcohol and Drug Programs shall be required to formally contact one another to ensure that adequate separatjon is provlded. As an alternative to ellmin~tlng the current complexities and duplication of licensing and monitoring slmtlar facilities, we would strongly recommend that the State constder 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 factlittes so that the function is handled by one 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 prior to licensing the facility to ensure compliance with local zoning requirements for residential uses. 5. To ensure response to local complaints, the responsible agency 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 juri sdi cti on. ~ We urge your support of our above requested modifications to State law. We would be prepared to provide whatever additional information or clarifications you might need in drafting future leglislation. Should you have any questions or need additional information regardingilthis matter, please contact Christine Shingleton the City's Director of Community Development at (714) 544-8890, ext. 253. Sincerely, RBH: CAS: pef cc: League of California Cities Senator Seymour, Anaheim Ronald B. Hoesterey Mayor