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WHEREAS,the Federal Fair Housing Amendments Act("FHAA")and the California Fair <br /> Employment Housing Act ("FEHA") prohibit pubic agencies from making land use decisions or <br /> policies that exclude or otherwise discriminate against persons with disabilities or other protected <br /> classes; and <br /> WHEREAS, a core purpose of the FHAA, FEHA and California's Lanterman Act is to <br /> provide a broader range of housing opportunities to the disabled, to free the disabled from <br /> institutional style living to the extent possible, and to ensure that disabled persons have the <br /> opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner <br /> similar to the way a dwelling is enjoyed by the non-disabled; and <br /> WHEREAS, enacted in 1973, the California Community Care Act provides for a state- <br /> wide system of residential care facilities for persons with disabilities and preempts local zoning. <br /> The Act requires"Community Care Facilities"to be licensed by the Department of Social Services <br /> (CDSS) and defines these facilities as any building that is maintained and operated to provide <br /> nonmedical residential care, day treatment, adult daycare, or foster family agency services for <br /> children, adults, or children and adults, including, but not limited to, the physically handicapped, <br /> mentally impaired, incompetent persons, and abused or neglected children; and <br /> WHEREAS, in contradistinction, licensing for facilities providing 24-hour, non-medical, <br /> adult residential alcohol and other drug recovery or treatment facilities (AOD Facilities) is under <br /> the California Department of Health Care Services (DHCS). State law mandates that AOD <br /> Facilities provide certain services including but not limited to assessment, detoxification, <br /> education, recovery or treatment planning, and individual and group counseling sessions; and <br /> WHEREAS,cities are required to treat state-licensed Community Care Facilities and AOD <br /> Facilities serving six or fewer residents as a residential use. However, licensed residential care <br /> facilities enjoy preemption only to the extent that they comply with their license; and <br /> WHEREAS, other residential care facilities such as independent living arrangements or <br /> supportive housing may not require licensing. In addition, residential recovery homes providing <br /> an alcohol and drug-free living environment where no formal treatment is provided("Sober Living <br /> Homes")do not need a state license; and <br /> WHEREAS, over the past several years, cities within Orange County and the State have <br /> seen an increase in the number of homes in residential neighborhoods being utilized as state <br /> licensed and non-state licensed community care facilities; state-licensed AOD facilities; and,non- <br /> state licensed facilities such as Sober Living Homes. This increase in such facilities has become a <br /> rising concern in many cities and counties in the State, and as such, there have been numerous <br /> state attempts at legislative fixes that have failed; and <br /> WHEREAS, records from CDSS dated May 28, 2020 show that the City is home to more <br /> than 100 state-licensed community care facilities for adults and the elderly, which are typically <br /> located within single-family residential neighborhoods; and <br /> WHEREAS, records from DHCS dated May 28, 2020 show that the City is home to 15 <br /> licensed and/or certified alcoholism and drug abuse recovery or treatment facilities,providing 205 <br /> beds. The City is one of 10 cities in Orange County that has 10 or more facilities within its <br /> 2 <br />