HomeMy WebLinkAboutOB 7 COMM CARE FAC'S 07-18-88DATE: ,JULY 18, 1988 ~(~,~'~ill~.~r' ........ I
TO:
WILLIAH A. HUSTON, CITY HANAGER
FROM:
CHRISTINE A. SHINGLETON, DIRECTOR OF COH,qUNITY DEVELOPHENT
SUBJECT:
RESOLUTION TO BE PRESENTED TO LEAGUE OF CALIFORNIA CITIES RELATED
TO COIqHUNITY CARE FACILITIES
RECOHHENDATION:
It ts 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 July 5th approved staff's
recommendation supporting modifications to State laws relating to licensing Of
Community Care and Drug and Alcohol Recovery facilities. In conjunction with
approval of staff's recommendation, the City Council requested that staff
prepare a resolution for presentation by the Council to the League of California
Cities. A draft of the proposed resolution is attached.
Director of Community Development
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Attachment
DRAFT
RESOLUTZON RELATI:IIG TO THE LOCAL LAND USE REGULATIONS OF
RES]:DENT]:AL COIqlqUN]:TY CARE AND DRUG AND ALCOHOL .RECOVERY
PROGRAHS
i
Whereas, residential community car~ 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 which serve six (6) or fewer persons ensure the provisions of a
normal residential surrounding and environment for special need groups such as
the mentally disordered, handicapped, developmentally disabled, elderly,
dependent and neglected children and for drug and alcohol recovery.
Whereas, current State law prohibits local jurisdictions from imposing
stricter zoning, building and safety standards upon these facilities from thos_e
applied against other family dwellings in a Residential Zoning District.
Whereas, the current overconcentratton 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.
Whereas, current State Code provisions on overconcentration for residential
community care facilities* are inadequate to maintai~ the integrity of
establ i shed resi denti al neighborhoods.
Resolved, that the League support legislation to restore local land use and
control over sites proposed for community care and alcohol or drug recovery
facilities to ensure that the integrity of residential neighborhood are
preserved by:
®
Prohibiting cities from denying residential community care or
alcohol/drug recovery facilities provided they comply 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. Requiring that no residential community care facility or drug or
alcohol recovery facility serving six or 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;
e
Requiring the Department of Social Services and the Department of
Alcohol and Drug Programs to formally contact one another to ensure
that adequate separation is provided between si milar facilities
1 i censed by separate agencies;
Resolution
page two
DRAFT
As an alternative to eliminating the current complexities and
duplication of licensing and monitoring similar facilities, the State
should consider increasing the efficiency and effectiveness of their
licensing system 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 agency;
4. Requiring each responsible agency to notice local jurisdictions prior
to licensing the facility to ensure that local jurisdictions are aware
of all licensed community care and alcohol drug recovery facilities
complies with local zoning requirements and is compatible with
residential uses;
5. Requiring each responsible agency to respond to complaints about the
subject facilities in writing within 10 days with a copy of response
to complaints to be forwarded to local jurisdiction the facility is
located in.
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