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HomeMy WebLinkAbout6.0_Residential Care Facilities Ordinance Update_Staff Presentation_PA2021-292Residential Care Facilities Ordinance Update Planning Commission Study Session September 8, 2022 Seimone Jurjis, CDD Director Jaime Murillo, AICP, Principal Planner Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) Discussion Topics •Limitations of State and Federal Law •Overview of Existing Regulations •Residential Care Ad Hoc Committee Efforts •Overview of Proposed Code Amendments 2Community Development Department Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) Drug and Alcohol Treatment (Licensed by Dept. of Health Care Services) Typically provide one or more of the following: •Detoxification •Group/Individual counseling sessions •Alcoholism or drug abuse recovery and treatment planning Sober Living Homes (Unlicensed) Typically, an interim environment between a Residential Care Facility and independent living •Not allowed to provide service which require DHCS Licensing •Primarily meant to provide a supportive environment and housing for individuals in recovery What is the difference between Residential Care Facilities –Licensed and Unlicensed Facilities? Social Rehab Facility /Mental Health Homes (Licensed by Dept. of Social Services) •24 hour care and supervision •Group/Individual counseling sessions •Treatment on-site or off-site •Transitional (18 month max) 3 Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) Fair Housing Act and American Disabilities Act •Provide an individual with any disability an equal opportunity to use and enjoy a dwelling. •Unlawful to utilize land use policies or actions that treat groups of persons with disabilities less favorably than groups of non-disabled persons. •An example would be an ordinance prohibiting housing for persons with disabilities or a specific type of disability, such as mental illness, from locating in a particular area, while allowing other groups of unrelated individuals to live together in that area. 4Community Development Department Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) •Handicap is defined as (1) a physical or mental impairment which (2) substantially limits (3) one or more of a person’s major life activities. •Persons recovering from addiction to drugs and/or alcohol are considered to be disabled under state and federal law. •The Fair Housing Act does not protect persons who currently use illegal drugs. Drug and Alcohol Addiction is a Disability 5 Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) Licensed facilities 6 and Under (Protected) •Must be treated as a single-family use in California,and no zoning requirement may be applied to that facility that is not applied to other single-family residences in the same zone. •This applies to all of California cities 6Community Development Department Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) Early 2000’s: •Group homes on the rise •Overconcentration and lack of local regulations identified as a growing issue in neighborhoods City-wide In 2007/2008: •Licensed: 26 facilities with 213 beds •Unlicensed: 55 facilities with 401 beds •614 total number of beds Where we started? 7 Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) City Ordinance-Adopted 2008 Established location regulations Revised for compliance with Fair Housing Laws Added Reasonable Accommodation provisions 8Community Development Department Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) Reasonable Accommodation The Fair Housing Act requires jurisdictions to offer reasonableaccommodationtomeetthe needs of disabled persons. Case-by-case determination. Deny if requested modification imposes an undue financial or administrative burden on a local government,creates a fundamental alteration in land use and zoning scheme,or it is not a "reasonable" accommodation. 9Community Development Department Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) Newport Beach Matrix of Allowed Uses 10Community Development Department Facility Type Single-Family Two-Family Multi-Family Licensed 6 and Under Allowed – Required by State Allowed – Required by State Allowed – Required by State Unlicensed 6 and Under Prohibited Prohibited Use Permit 7 and Over (Licensed or Unlicensed) Prohibited Prohibited Use Permit Integral Facility Prohibited Prohibited Use Permit Parolee Probationer Prohibited Prohibited Prohibited Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) History of Residential Care Facilities Since 2008 11Community Development Department All new facilities since 2009 have been state licensed 6 and under 2007 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 Facilities 81 33 27 27 25 26 25 26 27 28 29 30 Beds 614 237 200 195 181 187 181 187 192 198 204 210 Reasonable Accommodations 5 Approved / 6 Denied Use Permits 3 Approved / 5 Denied Zoning Agreements 2 Approved / 1 Revoked Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) Creation of Ad Hoc Committee •Oct. 26, 2021 –City Council created a Residential Care Facilities Ad Hoc Committee •Ensure local standards are consistent with State & Federal law •Recommend legislative positions regarding State & Federal law •Review & Recommend code enforcement protocols & updates •Jan. 11, 2022 –City Council initiated Code Amendment which requires Planning Commission Review & Recommendation 12Community Development Department Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) •Ad Hoc Committee Outreach •State, County and local representatives •Multiple resident meetings •Outreach efforts are ongoing •Feedback/Conclusions •Stronger State oversight and legislative changes needed •City regulations warrant an update to address evolving best practices Background on Ad Hoc Committee Activities 13 Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) Newport Beach and Costa MesaPermitting Comparison Table Costa Mesa group homes, including sober living homes, with 6 or fewer residents, plus one house manager are allowed to locate in all residential zones with a special use permit (SUP), which requires: •A public hearing in front of the Development Services Director prior to issuance Newport Beach Costa Mesa Newport Costa Mesa Residential Care Facility –Limited Licensed (Six or Fewer)Residential Care Facility Not regulated per State Law Not regulated per State Law Residential Care Facility –General Licensed (Seven or More)Residential Care Facility CUP CUP Residential Care Facility –Small Unlicensed (Six or Fewer) Sober Living Home CUP SUP Residential Care Facility –General Unlicensed (Seven or More)CUP CUP 14 Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) Distance RequirementsNewport Beach vs Costa Mesa 15Community Development Department Type Newport Beach Separation Requirements Costa Mesa Separation Requirements Limited (6 or fewer) Licensed None –State prohibits cities from regulating. None Limited (6 or fewer) Unlicensed Review authority can apply distance deemed appropriate. Minimum approx. 1 -2 per 617 ft. to 711 ft. 650 ft. General (7 or more) Licensed Review authority can apply distance deemed appropriate. Minimum approx. 1 -2 per 617 to 711 ft. 650 ft. General (7 or more) Unlicensed Review authority applies approx. 1 -2 per 617 to 711 f.t 650 ft. Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) •Requires local jurisdictions to include programs to remove constraints to, and provide reasonable accommodations for, housing for persons with disabilities. •Housing Policy Action 3P-Required by HCD Policy Action 3P:Residential Care Facilities The City will review and amend the permitting procedures, applicationrequirements, and development standards applicable to residential care facilities for person of 7 or more to ensure consistency with state and federal laws topromoteobjectivity and greater approval certainty. Housing Element Law GC Sec. 655832(c)(3) 16 Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) Proposed Zoning Amendments •Separation Requirements •650 feet (objective standard) •Management and Operational Standards •Nuisance response plan, visitation policy, relapse plan •Discharge of Clients/Residents •Discharge plan required, provide resources to residents who are evicted 17Community Development Department Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) Proposed Zoning Amendments •Fair Business Practices •Unlicensed facilities may not advertise for services requiring a state license •Definitions •Provides clarifications and updates for compliance with state and federal law •Review Process •Reduce findings that are repetitive and/or overly subjective 18Community Development Department Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) Local Coastal Program •Limited to definition updates •Subsequent to City Council adoption, staff will submit modified definitions for review and approval by California Coastal Commission 19Community Development Department Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) Next Steps •Planning Commission public hearing scheduled for September 22, 2022 •Review and recommendations to City Council 20Community Development Department Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292) 21 Questions and Discussion Jaime Murillo, Principal Planner jmurillo@newportbeachca.gov 949-644-3209 Planning Commission Meeting September 8, 2022 Planning Commission - September 8, 2022 Item No. 6a - Additional Materials Presented at Meeting by Staff Residential Care Facilities Ordinance Update Study Session (PA2021-292)