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Consent
Item No. 5.
| MEETING DATE: 08/21/2023 |
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| TO: | HONORABLE MAYOR AND COUNCILMEMBERS |
| FROM: | JIM SADRO, CITY MANAGER By: Susan Kim, Director of Community & Economic Development |
| SUBJECT: | CITY OF LA HABRA PROPOSED RESPONSE TO THE JUNE 12, 2023, ORANGE COUNTY GRAND JURY REPORT TITLED: "'WELCOME TO THE NEIGHBORHOOD' ARE CITIES RESPONSIBLY MANAGING THE INTEGRATION OF GROUP HOMES?"
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RECOMMENDATION:
That the City Council receive and file the report and direct staff to send the response letter to the Orange County Grand Jury.
DISCUSSION:
On June 12, 2023, the Orange County Grand Jury issued a report regarding the challenges of successfully integrating group homes into neighborhoods, including pressures exerted on Orange County cities by residents, group home operators, and the State of California. In the report, the Orange County Grand Jury recommends that the County of Orange and cities join forces to create ordinances, pool resources for defense of lawsuits, and work together to generate awareness among legislators to improve regulations and management standards to ensure health and safety for group home residents. The report is found online at: www.ocgrandjury.org, and is included for reference as Attachment 1.
Pursuant to California Penal Code 933.05(a) and (b), the City of La Habra, along with all other Orange County cities and several Orange County agencies, are required to respond to the report's findings and recommendations that are specific to their respective agencies, by September 13, 2023. Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2)The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. The City's proposed response is included for review as Attachment 2.
The City has had limited recent issues with group homes in the community and generally addresses any issues that may arise based upon their secondary impacts, such as public nuisance complaints, and not necessarily based upon the activity as a group home in of itself. The La Habra Municipal Code (LHMC) allows residential facilities serving six or fewer residents as a by-right use and conditionally permits residential care facilities for seven or more persons. The City's adopted General Plan Housing Element includes Program D7, which commits the City to permitting residential care facilities and other special needs housing consistent with State law and with the State Department of Housing and Community Development (HCD)’s Technical Memo. The adopted Housing Element is available on-line on the City's website (www.lahabraca.gov) and HCD's Technical Memo can be found on HCD's website (www.hcd.ca.gov).
In the event the City Council approves the proposed responses to the Grand Jury, staff will submit the City's response by or before the required deadline.
Pursuant to California Penal Code 933.05(a) and (b), the City of La Habra, along with all other Orange County cities and several Orange County agencies, are required to respond to the report's findings and recommendations that are specific to their respective agencies, by September 13, 2023. Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2)The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. The City's proposed response is included for review as Attachment 2.
The City has had limited recent issues with group homes in the community and generally addresses any issues that may arise based upon their secondary impacts, such as public nuisance complaints, and not necessarily based upon the activity as a group home in of itself. The La Habra Municipal Code (LHMC) allows residential facilities serving six or fewer residents as a by-right use and conditionally permits residential care facilities for seven or more persons. The City's adopted General Plan Housing Element includes Program D7, which commits the City to permitting residential care facilities and other special needs housing consistent with State law and with the State Department of Housing and Community Development (HCD)’s Technical Memo. The adopted Housing Element is available on-line on the City's website (www.lahabraca.gov) and HCD's Technical Memo can be found on HCD's website (www.hcd.ca.gov).
In the event the City Council approves the proposed responses to the Grand Jury, staff will submit the City's response by or before the required deadline.
FISCAL IMPACT/SOURCE OF FUNDING:
There is no fiscal impact associated with this recommendation.
GENERAL PLAN RELEVANCE/CITY COUNCIL GOALS & OBJECTIVES:
General Plan Relevance:
- LU 2.1 Places to Live. Provide opportunities for a full range of housing types, locations, and densities to address the community's fair share of regional housing needs and to provide market support to economically sustain commercial land uses in La Habra. The mix, density, size, and location of housing shall be determined based on the projected needs specified in the Housing Element, as amended periodically.
- LU 4.6 Care Facilities. Allow for the development of senior daycare facilities, assisted living facilities, hospice, child care, and other care facilities in areas where they can be located, designed, and managed to assure compatibility with and the safety of adjoining uses and in accordance with state legislation.
- LU 6.3 High-Impact Uses. Avoid the concentration of high-impact uses and facilities in a manner that disproportionately affects a particular neighborhood, center, or corridor to ensure that such uses do not result in an inequitable environmental burden being placed on low-income or minority neighborhoods.
- LU 7.1 Neighborhood Conservation. Maintain the uses, densities, character, amenities, and quality of La Habra’s residential neighborhoods, recognizing their contribution to the City’s identity, economic value, and residents’ quality of life.
- H 2.1 Maintain Residential Character. Protect and maintain single-family residential areas in order to maintain the City’s existing residential character by fostering improvements of homes and neighborhoods through implementation of maintenance, rehabilitation, and replacement actions and the preservation of residential buildings identified as a historical resource.
- H 3.1 Equal Housing Opportunity. Support equal housing opportunity in the City of La Habra for all residents regardless of race, color, age, national origin, religion, sex, familial status, or disability to obtain decent housing and a suitable living environment.
- H 3.4 Special Needs Households. Recognize the special needs of certain segments of the community including the elderly, disabled and persons with developmental disabilities, large families, homeless, and low- and moderate-income families and make provisions for housing that is supportive of these special needs.
City Council Goals and Objectives:
- Goal 5 Development and Business Assistance
- Objective C: Work closely with commercial and residential property owners to improve and maintain the appearance of their properties.
- Objective O: Review the Zoning Code on an ongoing basis and process amendments to ensure compliance with recent State legislation, streamline project processing, remove unnecessary regulations and/or make the Zoning Code easier to implement.
- Objective Q: Facilitate the development of high-quality housing, at a variety of income levels, to help meet projected demand, as set forth in the Regional Housing Needs Assessment.