HomeMy WebLinkAboutNB 3 RES CARE FAC'S 04-07-80DATE:
TO:
FROM:
SUBJECT:
April 7, 1980
NEW BUSINESS
NO. 3
'4,-7~80
Inter-Corn
Honorable Mayor and City Council via City Administrator
Community Development Department
AB 2290, Residential Care Facilities
Adoption of a resolution similar to Buena Park's in support of legislation to
return local control over the establishment of such Facilities by the Tustin City
Council would be appropriate. The term "residential care facility" often evokes
an image oF a children's day care center, however, such operations may include
24-hour operations, special population groups (seniors, battered children, autistic,
rehabilitation, etc.) and the use oF full time employees.
The definition of such opera,ions has been expanded by the State ,o include up
,o 12 persons in place of ,he old limitation of six or less. This also changes
the Uniform Buildin9 Code defini,ion of occupancy to ,ha, of a "school" rather
than a residen, ial occupancy.
In some cases, such facilities might not be appropriate in specific residential
neighborhoods end the author(fy of the City fo regulate this situation is open
to question. SB 2093, the current legislation removed such facilities from local
Control and the pendin9 legislation AB 2290 proposes to allocate approval authority
back to the local communities.
MWB:mm
C TY
C A L I
Stephen L. ~chuster,'5~YOR
City of Tustin
Centennial at ~ain
Tustin, CA 92660
OI:I::IC:~ O; TH~ MAYO~
Dear Steve:
Enclosed is a copy of our Resolution #6693 relating to SB 2093 and
its provisions for the establishment of Residential Care Facilities
%cithin our con%munities.
SB 2093, passed in 1978, essentially eliminated local government's
traditional authority tc require special use permits, to enforce
zoning ordinances, or'require fire inspection clearance in the
establis~hment of Residential Care Facilities.
5;uch concern has been generated, not only in our.City but other cities
as well, in'regards to this legislation and its encroachment into the
affairs of ~l
~u~_ government.
Assem~lyr~n Ross Johnson has authored AB 2290 which Z feel will remove
the mandates of SB 2093 and again return the responsibility for authority
in this matter to the appropriate level of government. AB 2290 has been
~i.g~ed to the Committee on Human ~e~ources ~ ba~ b~n ~et ~or h~r-
lng on March 18th at 9:00 a.m. in Room 2133.
~ez~ers of this Committee are: Richard Alatorre, Chairman; Pat Nolan;
Douglas Bosco; Robert Cline; Jim Costa; Jack Fenton; Bill Lockyer; and
Gwen Moore.
i would appreciate your. support of this legislation byyour con~munication
tc the Com~ittee as I believe that it addresses a specific issue which
affects all cities. May I hear from you in regards to your city's
position cn this matter?
Th~nk yo~, ~ ' ~
Don R. Griffin ~
Mayor
DRG: '; iak
encl.
cc: Council
RESOLUTION 6693
A RESOLUTI~; OF THE CITY COUNCIL OF THE CITY
OF BUENA PARK REQUESTING ACTION BY THE STATE
LEGISLATURE TO RESTORE THE ORIGINAL LANGUAGE
OF SPECIFIC SECTIONS OF THE STATE HEALTH AND
SAFETY CODE AND WELFARE AND INSTITUTIONS CODE
IN REGARD TO LOCAL AUTHORITY IN THE ESTABLISH-
MENT OF RESIDENTIAL CARE FACILITIES.
WHEREAS, revisions introduced into Section 1502 of the State Health'
and Safety Code and Sections 5115, 5116 of the State Welfare and Institu-
tions Code by the enactment of Senate Bill 2093 in September 1978, have
completely eliminated local government's legal and traditional authority
to require special use permits or to enforce zoning ordinances in the es-
tablishment of residential care facilities; and
WHEREAS, the authority of fire inspection clearance is also similarly
restricted; and
WHEREAS, the original statute of 1972 wisely provided cities and
counties with the ability to protect the health and 'safety of the residents
in the co~nunity by allowing conditions to be applied for this type of use;
and
WHEREAS, such local ordinances are intended to maintain standards and
serve as a safeguard for the residents; and
WHEREAS, local officials are responsible for the well-being of the.
community as a whole; and
WHEREAS, Senate Bill 2093, as enacted, severely encroaches upon this
sphere of local rights and responsibilities;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Buena Park requests action and support from our State Legislators to restore
the original language of Section 1502 of the Health and Safety Code and Sec-
tions 5115, 5116 of the Welfare and Institutions Code, as enacted by the
1972 statute, thereby returning authority over this matter to the appropriate
level of government;
BE IT FURTHER RESOLVED that the City Clerk of the City of Buena Park
be directed to send a copy of this action to Assemblymen Ross Johnson and
Chester Wray, Senators John Briggs and Paul Carpenter, and Collier McDermon
of the State Department of Education.
PASSED AND AOOPTED th'is
called vote:
AYES: '5 coU~czI~:
NDES: 0 COUNCTT.~EN:
ABSENT: o COU~CTTLVdmt:
day of November, 1979, by the following
Davis, Jarrell, Meyer, Reese and Griffim
None
None
A1-FEST: Mayor
City Clerk
I hereby certify that the foregoing Resolution was duly and regularly passed
and adopted at a regular meeting of the City Council of the City of Buena Park hel
this 5th day of November, 1979.
City Clerk