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HomeMy WebLinkAboutPC - Public CommentsTo: Mayor and City Council City of Newport Beach From: Concerned Citizens of �lewport Beach Date: September 11, 2007 Hand - delivered to City Clerk Subject: OVERCONCENTRATION and LOCAL REGULATION OF "GROUP HOME" USES — CITIZENS' POSITION STATEMENT This position is hereby presented to the City Council and submitted to the record on behalf of the Concerned Citizens of Newport Beach, a coalition currently comprised of over 1,500 citizens. It has to do with the Overconcentration of Group Homes in the City of Newport Beach, which the City has created through complete, deliberate non - regulation of Group Homes Uses, specifically those related to various types of drug and alcohol residential care and treatment. The City currently has over 110 known "Group home" facilities which provide drug and alcohol care and treatment. (One group home business manager estimates the count to be 157.) Almost all of these facilities are located in a stretch of 1.5 miles, in coastal neighborhoods of the City: Balboa Peninsula, Lido Isle and village, and West Newport including Newport Heights, with several in Corona del Mar. This area is clearly impacted by this overconcentration. 2. This "Impacted Area" has distinct physical. development, and other environmental characteristics: dense, residential neighborhoods; lots close together with small building set- backs frequently not even sufficient for fire clearance; RI, 1.5, and 2 and special district uses are in close proximity and commingled. Therefore, the insertion of any intensified or incompatible use subjects these neighborhoods to high levels of adverse impact. Physical and health & safety impacts associated with Institutionalization particularly in these Impacted Areas, are more severe than in other types of areas: second hand smoke; parking problems; and continually occurring nuisances such as excess noise and vulgarity, group assemblies and loitering, garbage, etc. The overconcentration of this type of use also subjects the neighborhood to a social evolution attracting increased drug dealing and related crimes, with gang activity. 3. Citizens have registered repeated complaints with City officials and staff concerning the impacts associated with these Group Home businesses, particularly those located in the Impacted Area, for at least 4 -5 years. The City has consistently refused to take any action, including Use regulation, code enforcement, or otherwise, to provide relief to the citizens and manage the establishment of these institutional -type businesses in residential neighborhoods and surrounding special districts. 4. In 2004, City officials and staff developed and enacted municipal use definitions and ordinances which stripped the City of local foundation required to regulate this type of Group Home Uses. The ordinances were specifically crafted to facilitate the establishment and growth of these business and facilities in the attractive, residential coastal neighborhoods, referenced as the Impacted Area. NONE of the revisions were explicitly required by law; however, City representatives insisted that the revisions were "necessary to address non - discrimination requirements ". Summary of specific actions taken by the City, NOT required by law: a. No requirement for Business License: Group Homes can be required to register and obtain licenses as any other businesses, including 6- and -under Licenses, as are other businesses in homes. b. 6 and under Licensed and 6- and -under Unlicensed permitted "by right": 6- and -under Unlicensed are NOT "permitted by right ". The City can regulate these businesses as it believes appropriate. c. Facilities defined as "dwellings ": This contributed to the 6- and -under Loophole. The state provides for the definition as: "Any place, premise, site or building ". d. Residential care and treatment facilities — permitted in R1.5 and R2: No legal requirement to allow in these zones. As it happens, there is a heavy concentration of lots zoned this way in coastal communities. Promotes heavy concentration in dense residential areas. e. Removal of CUP requirement from Residential Care facilities of 7 or greater: The CUP was not enforced by the City when it was required. By taking it away, major operators were able to establish "Hub" facilities. f. No enforcement of fire, health & safety, other local codes: In the name of "non- discrimination", the City willfully allowed intensification of use. No FEP process implemented on a single facility, because the City never Required it. 5. Between late 2004 and 2007, the number of Licensed facilities more than doubled. Now there are 24 (plus two pending) in the Impacted Area alone. Unlicensed "facilities" number over 80. There is currently no way to regulate the location, occupancy, or operational nature of these businesses. Overconcentration . Institutionalization is damaging to individual citizens, our residential neighbors, and the "disabled." 6. In the spirit of cooperation, since early 2007, citizens have spent OVER $100,000 of their own money and invested considerable time and effort, too, in support of the Public Interest, to help the City develop a legally justifiable set of revised Ordinances. This is not rocket science. Many cities have implemented local ordinances and are successfully regulating these uses. Citizens recommended a Moratorium through petition. The City did enact a Moratorium, but crafted it with significant loopholes which made it ineffective. During the period of the initial and extended Moratorium, now over 6 months, the City was to develop and enact revised Ordinances to regulate Group Home uses. We are now approaching October, the end of the current Moratorium period. While a well thought out body of ordinances could readily have been completed months ago, including due process and proper review, the City has NOT afforded citizens or their representatives reasonable, equitable opportunity for Hearing, dialogue and discussion. We object to this stonewalling. The City, and specifically the City Attorney's office, has been obstructionist and has deliberately caused delay in the development and approval of the Ordinances, refusing to cooperate with citizens' representatives or to respond to the requests of City officials and the Planning Commission. Worse yet, the City Attorney and other senior staff continue to present a misleading framework of "what can and cannot legally be done" to confuse and complicate the process of ordinance and policy completion. THIS MISREPRESENTATION AND LACK OF COOPERATION NEEDS TO STOP. 8. Unlicensed standalone and integral facilities have continued to be established and expand during this period. The deliberate delays of the City have made it unlikely that revised Ordinances will be completed prior to expiration of current Moratorium period. MORATORIUM EXTENSION IS NOW REQUIRED. CITIZENS WILL ONLY ACCEPT A MORATORIUM IN LEN OF ORDINANCES IF CRAFTED TO ELIMINATE LOOPHOLES. Citizens in the Impacted Area are subject to the Taking of their neighborhoods by the City. We insist that Ordinances to regulate Group Home Uses be immediately completed and implemented, and that the City take immediate measures to eliminate Overconcentration. The Damage to our residential neighborhoods caused by failure to regulate these uses, if not promptly addressed, is long -term, and potentially irreversible. THIS IS THE CITY'S RESPONSIBILITY. We respectfully insist that the City promptly Complete and implement revised ordinances to regulate Group Home Uses in the interests of its constituents and the community at large. This type of planning and controls is consistent with legal parameters and the City's General Plan. It is necessary to prevent the further erosion and destruction of the character of our coastal residential communities. Thank you.