Portantino bill aims to help cities regulate residential detox facilities
When residents crowded the La Cañada Flintridge City Council chambers in August to share their concerns about a residential drug and alcohol detox center operating out of a home at 915 Green Lane, officials said their hands were tied by state law.
That law says that as long as residential rehab facilities treat six or fewer patients at a time, they are to be regarded by city zoning laws as single-family residences and, therefore, are not required to seek a permit to operate.
Council members advised residents to entreat state lawmakers to enact legislation requiring advanced notification or allowing for more local regulation. State Sen. Anthony Portantino (D-La Cañada Flintridge) attended the Aug. 15 council meeting and promised to work with the city attorney, Mark Steres, to see if something could be done.
On Friday, Portantino introduced the fruits of that effort, Senate Bill 1317.
If passed, the measure would allow local governments to adopt an ordinance requiring at least 30 days’ advance written notice of the intent to operate any residential rehab facility. Operators could also be required to submit specified plans regarding parking, medical waste disposal and the exact services to be offered at the site.
SB-1317 contains provisions requiring residential detox facilities to certify their compliance with the federal Americans with Disabilities Act of 1990, provide one full bathroom for every two residents and prohibit more than two residents being assigned to a single bedroom.
“My goal is to try to give local communities some land use regulation,” Portantino said Tuesday. “But also, if a facility is created, we want it to be safe.”
La Cañada Mayor Mike Davitt — who recently traveled to Washington, D.C. on behalf of the California Contract Cities Assn. to share with lawmakers the impact of such fair housing measures on local governments — said the current law essentially forces cities to accept businesses operating near residents without any regulatory process.
“One day you think you have a neighbor moving in and the next day there’s a sober living facility,” he said. “They don’t have to register, and they don’t have to get a city business license.”
Portantino acknowledged the bill doesn’t grant municipalities the right to ban residential rehab centers. Rather, he said, it’s intended to inform local governments about the operation of such facilities so residents as well as city and public safety officials are aware of their presence.
“The idea was how do we come up with some prudent, logical local land use regulations?” he said of the bill. “We can’t be too Draconian — that would mean it would just die and we haven’t solved the problem.”
Davitt said while Portantino’s bill may not give La Cañada residents every assurance they might want, it does help put protections in place.
“It’s certainly a step in the right direction,” the mayor said.
Twitter: @SaraCardine
