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8B Page 12 RESOLUTION RLFERRED TO HOUSING COMR�UNITY&ECONOMIC DEVELOPMENT POLICY COMMITTF..E 3. RESOLUTION RELATING TO APPI,YING 300 FOtIT DISTANCE SEFARATTON FOR:�LL NEW RESIDENTIAL Ce�?E FACILITIES Source: City of Los Angeles Refezred to: Housing,Community and Bconomic DeveIopment Recommendation to General Resolutions Committee: WHEREAS, the intent of existing federal and state taw is to offer housing and care facility options for the elderly,mentally and physically handicapped persons,and others in need of care in residential surroundings. The proposed legislative amendinents are not intended to place undue restrictions on residential care facilities with six or fewer people. However,the placement of an unliz�lited number of facilities withit�close proximity of one dnot�ier eould Iead to an over concentratiar,of residentiai care facilities and thereby significantly alter tl�e very residential charaeter that these ilomes are seeking; and WHEREAS,in 2006 the Lea�ue supparted legislation such as Assembly Bills 3005, 3006,and 3007{Emmerson)to provide inore regulatory authority to cities regarding the location of alcohol and drug abuse recovery treatment facilities, and inerease public awareness of the location of those public facilities, but these bills were not enacted, and it becaine apparent that State Iegislation would only be feasible in the area of the 300 foot distance separatian for certain categories of residential care facilities; and WHEREAS,there is a growing problem of more senior residential care facilities for six or fewer people being concentrated in nei�hborhoods in excessive amounts; and WHEREAS,this problem has been aggravazed by differi�7g Health and Safery Code provisions (see chas-t attached, 1500, 1520.4, 1520.5, 1527, 1566, 1568, 1569 and I 1834)for differing types of residentia] care faciliTies(alcohal or drug abuse recovery/treattnent facilities; adult residential;group homes; and residential caxe facilities for the elderly)for six or fewer people, all of which are regulated by a number of State agencies,and all of which are preempted from local regulation per State ai3d federal law; and WHEREAS,there is no intez�t to stop the creation of housing and care facilities for six or fewer people, there is a stF-ong need to apply one state law to all such residential care facility arrangements fairly and ec�uztably, and this state law is t1�e ane establishing the over-concentration formula of not siting one such faei3ity within 300 feet of another;while this distance threshold exists for some residential care facilities,it does not for alt of them, and thea'ein lies a powerfuI aggravation of the over-concentration situation;now,therefore,be it RESOLVED,by the General Asseinbly of the League of California Cities,assembled iz�Annual Conference in Sacramento, September 8,20d7,tiial the League support state legislation to require a 300 foot distance separation for all new residential care facilities. ////////// 5