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8I Consent 2015 0921
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8I Consent 2015 0921
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
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9/21/2015
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_CC Agenda 2015 0921 CS+RG
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\City Clerk\City Council\Agenda Packets\2015\Packet 2015 0921
MO 2015-044
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\City Clerk\City Council\Minute Orders\2015
MO 2015-045
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\City Clerk\City Council\Minute Orders\2015
MO 2015-046
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\City Clerk\City Council\Minute Orders\2015
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and drug programs are treated differently under state law in this respect and no distancing requirements <br />apply. fn fact, the state licensing agency does not impose any restrictions on the number of facilities in the <br />vicinity of one another and have been allowing licensees to obtain two licenses on one lot and to operate <br />integrated multi -structure facilities under the guise of multiple single-family residential <br />licenses. Similarly, state law currently requires private foster family agencies operating in residential <br />zones to be organized and operated on a nonprofit basis, while drug and alcohol programs and sober living <br />homes are permitted to operate as a for-profit business in residential zones. The addiction recovery <br />industry has become big business. There are now thousands of treatment facilities and sober living homes <br />in California and the number is rapidly increasing. <br />State policy sought integration of group homes into residential neighborhoods, not disintegration of the <br />residential character of the neighborhoods. A course correction is required to advance state <br />policy. Through zoning authority, cities can preserve the very neighborhoods that the community -care <br />model depends on to provide the therapeutic environment of a residential neighborhood. Distancing <br />requirements both respond to the biggest concern of local government (over concentration that impairs <br />neighborhood character) and advances state policy. In addition, limiting the zoning preemption to non- <br />profit programs will also assist in preserving the integrity of residential neighborhoods. <br />Leseng g(California Cities Staff Analys s on Resolntign No. 2 <br />Staff: Dan Carrigg <br />Committee: Housing, Community and Economic Development <br />Suniniary <br />This Resolution calls for the Governor and the Legislature to work with the League and other <br />stakeholders to explore options to address overconcentration of alcohol and drug abuse recovery and <br />treatment facilities in residential neighborhoods while respecting important legal rights of patients and <br />legal obligations of public entities, avoid the creation of institutional settings when multiple facilities are <br />concentrated in a single location, and determine the appropriate balance between not-for-profit (including <br />county) facilities and for-profit facilities in residential neighborhoods. <br />Bac&2round: <br />The City of Malibu is sponsoring this resolution as a way of highlighting an issue that continues to create <br />zoning and land use problems in single-family neighborhoods. While this is not a new issue for the <br />League and its cities, and the League has existing policy in this area, the sponsors view the passage of this <br />resolution as helpful in restarting conversations with the Legislature and the Governor's Administration <br />that can hopefully lead to productive solutions. <br />HCED Committee member and Malibu Council Member Lou La Monte raised this issue at the <br />Committee's June meeting, where he presented a resolution that had recently been adopted by the <br />California Contract Cities Association on May 15. The Committee encouraged him to work with League <br />staff in his effort to draft a measure to be presented at the League's annual conference. League staff <br />worked with Mr. La Monte in this regard, mostly in helping ensure that the various "whereas clauses" <br />appropriately reflect the important legal rights of patients and obligations of public entities that <br />Legislators will expect to be balanced in any solutions to local land use issues. <br />Resolved Clauses ftom Recent CCCA Resolution: <br />NOW THEREFORE, the Members of the California Contract Cities Association hereby re -affirms its <br />commitment to cooperation among units of government that seine the people of California and urges the <br />11 <br />
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