City Council

9. APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY\nREQUEST FOR DISABILITY-RELATED MODIFICATION OF CITY\nPOLICIES, PRACTICES, AND/OR PROCEDURES Philip Teyssier of\nAtomic Investments, Inc. (“Appellant”) appeals from the Planning\nCommission’s denial of a request for disability-related reasonable\nmodification of City policies, practices, and/or procedures to allow\nCalifornia Treatment Services, a subsidiary of Acadia Healthcare\nCompany, Inc. (“Acadia”) to operate an outpatient treatment and\ncounselling center (“Comprehensive Treatment Center” or “CTC”) at a\ncommercial property owned by the Appellant located at 535 E. First\nStreet. AMERICANS WITH DISABILITIES ACT (“ADA”) ADVISORY\nSTATEMENT RELATED TO THE PROPOSED PROJECT: If approved,\nthe proposed CTC would exclusively serve persons receiving treatment\nfor Opioid Use Disorder. To be a patient at the CTC, an individual cannot\nbe actively using illegal drugs. Persons receiving such treatment are\n“qualified individual[s] with a disability” afforded full protection under the\nADA and the ADA prohibits the City from discriminating against qualified\nindividuals in making land use decisions. In considering this application\nand the appeal, the City Council may not treat the proposed CTC\ndifferently than it would any other medical clinic. It may not base its\ndecision on the fact that patients at the CTC will be receiving treatment for\nOpioid Use Disorder. Nor may unsubstantiated fears, prejudice, or\nstereotypes related to persons recovering from Opioid Use Disorder form\nthe basis of the City Council’s decision.\nRecommendation: Pleasure of the City Council.\nAGENDA ITEM\nPUBLIC HEARING ITEM 10