City Council

9. APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY REQUEST FOR DISABILITY-RELATED MODIFICATION OF CITY POLICIES, PRACTICES, AND/OR PROCEDURES Philip Teyssier of Atomic Investments, Inc. (“Appellant”) appeals from the Planning Commission’s denial of a request for disability-related reasonable modification of City policies, practices, and/or procedures to allow California Treatment Services, a subsidiary of Acadia Healthcare Company, Inc. (“Acadia”) to operate an outpatient treatment and counselling center (“Comprehensive Treatment Center” or “CTC”) at a commercial property owned by the Appellant located at 535 E. First Street. AMERICANS WITH DISABILITIES ACT (“ADA”) ADVISORY STATEMENT RELATED TO THE PROPOSED PROJECT: If approved, the proposed CTC would exclusively serve persons receiving treatment for Opioid Use Disorder. To be a patient at the CTC, an individual cannot be actively using illegal drugs. Persons receiving such treatment are “qualified individual[s] with a disability” afforded full protection under the ADA and the ADA prohibits the City from discriminating against qualified individuals in making land use decisions. In considering this application and the appeal, the City Council may not treat the proposed CTC differently than it would any other medical clinic. It may not base its decision on the fact that patients at the CTC will be receiving treatment for Opioid Use Disorder. Nor may unsubstantiated fears, prejudice, or stereotypes related to persons recovering from Opioid Use Disorder form the basis of the City Council’s decision. Recommendation: Pleasure of the City Council. AGENDA ITEM PUBLIC HEARING ITEM 10