City of Dana Point Office of the City Manager September 1, 2023 Presiding Judge of the Superior Court of California*

Group homes too close to one another contribute to the problems associated with overconcentration. Response: The City of Dana Point DISAGREES with the finding. There is no specific data in the report to support this assertion, and City is not independently aware of any such data.

Common nuisances are more likely and disruptive when sober living homes are concentrated in a small geographic area of a neighborhood. Response: The City of Dana Point DISAGREES with the finding. There is not enough information provided to agree with the finding. What constitutes a "small" geographic area and what number of homes is considered concentrated? Is the home licensed or unlicensed? A sober living home is not assumed to be a source of nuisance.

Some cities have successfully addressed and informed community members about the challenges faced in regulating group homes. Response: The City of Dana Point PARTIALLY DISAGREES with the finding. The City has successfully informed the public about efforts to ensure legal compliance in connection with the operation of residential recovery facilities through press releases and newspaper articles. The City has no 33282 Golden Lantern, Dana Point, CA 92629 • (949) 248-3500 • FAX (949) 248-9920 Internet: www.danapoint.org knowledge of what other cities are doing to engage their communities on sober living home regulation and whether they have been successful in their communications.

Community satisfaction was minimal when cities took the traditional public comment approach towards addressing community complaints. Response: The City of Dana Point DISAGREES with the finding. The finding is broad and lacks sufficient information to support this conclusion. What constitutes community satisfaction and how is that satisfaction measured? What specific complaints is this finding asserting?

Cities are not utilizing police, fire, and code enforcement complaints as a means of locating and tracking Group Homes. Response: The City of Dana Point DISAGREES with the finding. Dana Point Code Enforcement conducts visits to any home, group or otherwise, generating nuisance behavior warranting code enforcement. In addition, the Orange County Fire Authority inspects homes that are proposed to be licensed, or are licensed, to ensure compliance with applicable regulations.

Cities are inhibited from enacting and enforcing ordinances due to fears over the potential litigation costs. Response: The City of Dana Point DISAGREES with the finding. The City of Dana Point has chosen to enforce its existing nuisance ordinances, and in June 2016 the City Council directed the City Attorney to take legal action against residential recovery facilities not operating in compliance with State Law, which by definition is a public nuisance.

Several cities have created an ordinance that requires a ministerial permit or registration to operate a group home, however many of these cities do not enforce their ordinances. Response: The City of Dana Point DISAGREES. The report does not include any evidence that cities have actively avoided pursuing the enactment and enforcement of ordinances relating to group homes.

City and County officials are deterred from regulating group homes by California Housing and Community Development's housing element approval process. Response: The City of Dana Point Disagrees. The City has no knowledge of what other cities or counties motivations are as to what may deter regulation based on Housing Elements or the Housing Element approval process.

Cities have historically strategized and acted independently in addressing group home challenges and solutions. Response: The City AGREES with this finding. A one size fits all approach to addressing group homes may not address local needs.

Well-operated group homes can integrate smoothly into neighborhoods. Response: The City AGREES with this finding. If licensed homes are well operated and have no record of nuisance issues, they can co-exist "smoothly" in neighborhoods. Response:

There is a lack of regulatory oversight for the health and safety of residents of unlicensed group homes. Response: The City AGREES with this finding. State resources to ensure compliance with licensing requirements should be implemented.