Resolution on Community Care Facilities May 2013

WESTWOOD COMMUNITY COUNCIL
RESOLUTION ON COMMUNITY CARE FACILITY ORDINANCE
(Council File 11-0262; Report No. R13-0014 dated January 3, 2013
and the Alarcon-Rosendahl Amending Motion 21B dated January 30, 2013)

MAY 28, 2013
Agenda Item #13-E

Note: the Resolution is recommended by the WRAC Board of Directors for consideration by each of the 13 WRAC-member Councils 

Whereas, for more than six years the City of Los Angeles has deemed it necessary to update the Los
Angeles Municipal Code’s (LAMC) existing definitions of “family” and “boarding or rooming houses” to
provide effective tools for the City to enforce its zoning laws relative to transient shared housing
operations in low-density R1and R2 zones; and
Whereas, the Westwood Community Council (WCC) has supported an update to the Zoning Code via
the enactment of a well-balanced Community Care Facilities Ordinance (CCFO), currently evidenced by
the Department of City Planning’s most recent Report No. R13-0014 (the “January 2013 CCFO”); and
Whereas, the WCC has asked for nominal protections as found in other cities that seek to maintain
stable single- family neighborhoods by (a.) prohibiting unlicensed and illegal boarding homes, as well as
parolee/probationer facilities; (b.) imposing reasonable concentration and distance limits from sensitive
uses, and (c.) requiring public notice for larger facilities that serve seven (7) or more residents:
Now, therefore, be it resolved that the Westwood Community Council OPPOSES the Alarcon-
Rosendahl- Amending Motion (aka “Gut the Code”) because this proposed amendment would, “gut the
code” by eliminating the historic prohibition of the establishment of boarding houses in low-density R1
and R2 zones by removing the definitions of “family”, “parolee- probationer home,” “single
housekeeping unit” and “boarding or rooming house” from the Zoning Code; and the Alarcon-
Rosendahl Amending Motion also eliminates the requirement for a Conditional Use Permit for paroleeprobationer
homes in any residential building located in R3 or more restrictive zones. Thus, the
Alarcon-Rosendahl Amending Motion opens all residential areas of Westwood and other communities
to transient boarders by allowing any R1 and R2 property owner to rent to as many persons, including
paroles and/or probationers, as the Code allows without any parking requirements, and without
performance standards to protect neighbors and limits to protect residential blocks, schools and
churches; and
Be it further resolved that the WCC SUPPORTS the proposed Westside Regional Alliance of Councils’
(“WRAC”) Motion written in opposition to the Alarcon-Rosendahl Gut the Code Motion, which
Motion states that:
We, the members of the Westside Regional Alliance of Councils, oppose Amending Motion 31B,
submitted January 30, 2013 to Council File 11-0262, on the following grounds: (1) Lack of sufficient
staff support and lack of a funding mechanism; (2) Demonstrated inability to presently enforce City
Codes; (3) Anticipated 10% across-the-board budget cuts to all City departments slated for Fiscal Year
2013-14; and (4) Complete lack of transparent fiscal analysis. We further strongly oppose the
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continued gutting of the R1 and other low-density residential zones in the City of Los Angeles. The General Plan of the City of Los Angeles protects the residential character of these zones. The City is therefore required by law to prepare a General Plan Amendment and to produce a full Environmental Impact Report in compliance with CEQA to establish any ordinance adding boarding houses as a by-right use into low density residential zones; and
Be it further resolved that the WCC URGES the Los Angeles City Council to:
(1.) Maintain and preserve the definitions of “family,” “parolee-probationer home,” “single housekeeping unit” and “boarding or rooming house” in the January 2013 CCFO;
(2.) Preserve the Conditional Use Permit requirement for Parolee-Probationer Homes as listed in the January 2013 CCFO;
(3.) Maintain and preserve the Parking Requirement, Public Benefit and Performance Standards as listed in the January 2013 CCFO;
(4.) Ensure that the City’s zoning authorities shall have appropriate enforcement resources for all licensed and unlicensed Community Care Facilities with nuisance, parking, infrastructure overutilization and zoning problems, and that all landlords of Community Care Facilities be required to appropriately and sustainably pay into a dedicated fund to ensure all funding, manpower and other resources to perform such enforcement;
(5.) Provide a phase-in period of one year coupled with a reduced [or waived] fee for that year for the Directors Determination specified in LAMC 12.22 EXCEPTIONS, A. USE #27, REASONABLE ACCOMODATION to provide a path to legitimacy for existing unlicensed group homes which do not adhere to the definitions specified in this section (1.) above but serve protected populations as defined by the Americans with Disabilities Act; and
(6) Include the recommendations of LAPD Chief Charlie Beck set forth in the Chief’s August 14, 2012 letter to City Council on the proposed CCFO.
Motion proposed by Sandy Brown
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Notes:
1. The January 2013 CCFO was written following four (4) human executions that occurred in an overcrowded, unlicensed City of Los Angeles boarding home and a unanimous vote of the City Council’s Public Safety Committee on January 2, 2013 recommending that the Council approve the CCFO subject to several amendments.
2. All homeowner groups and stakeholders are urged to research and consider that perceived protections offered by HOAs, CC&Rs, and other covenants may not apply due to federal and state housing laws.