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Neighbor appeals SLO housing project for mentally ill

Tribune - 11/15/2016

Nov. 15--The neighbor of a proposed San Luis Obispo housing project for mentally ill residents has filed an appeal asking the City Council to reject the proposal in its current form, saying it doesn't sufficiently protect the community from potential illegal and unruly behavior by future tenants.

But the project applicant and city officials disagree, maintaining the project fits the area's zoning standards and that denying it would be illegal and discriminatory.

The appeal letter filed by Ray Righetti says the Bishop Street Studios proposal above Johnson Avenue -- the former home of the Sunny Acres orphanage -- fails to provide proper supervision and staffing to deter "the lifestyle and behavioral challenges that accompany the proposed residents and their visitors."

Righetti, who lives adjacent to the site on Skylark Lane, also states that the applicant, Transitions-Mental Health Association, hasn't disclosed how it will ensure that its residents abstain from engaging in illegal activities, including drug use and "intoxicated behavior."

The specific types or degree of 'mental illness' afflictions suffered by the TMHA project residents have not been sufficiently disclosed or characterized to the community or the neighborhood residents.

Ray Righetti, author of the appeal letter to reject plan for Bishop Street Studios project

TMHA and city staff members are defending the project and cite anti-discrimination housing laws that protect people with disabilities.

According to TMHA's executive director, Jill Bolster-White, the appeal has "no basis," adding that the safety risk to the Wilding/Skylark neighborhood from the project is no greater than the risk from other neighbors.

"Approval of the use is not part of the discretionary approvals needed for this project," Bolster-White said. "Federal and state housing laws have been put in place to protect persons with disabilities from discrimination in the land-use process, such as that which is suggested in the appeal."

The City Council will consider the appeal at its meeting Tuesday night.

The proposal envisions renovating the long-vacant Sunny Acres orphanage to create 33 affordable rental units for adults living with mental illness, plus an additional unit for an on-site manager. The tenants would have access to nearby health services.

The proposal was unanimously approved by the city's Architectural Review Commission at a Sept. 19 meeting, and the appeal was filed 10 days later.

"The specific types or degree of 'mental illness' afflictions suffered by the TMHA project residents have not been sufficiently disclosed or characterized to the community or the neighborhood residents," Righetti's letter states.

TMHA says Bishop Street Studios tenants would be its most self-sufficient clientele and would receive a variety of supportive services such as case management, peer-to-peer guidance and supported employment.

In a city staff report, community development director Michael Codron and associate planner Rachel Cohen also recommend denial of the appeal, noting that state planning and zoning law prohibits discrimination in local governmental decision-making based on disability, as well as occupation, family status and the person's level of income.

Federal and state housing laws have been put in place to protect persons with disabilities from discrimination in the land use process such as that which is suggested in the appeal.

Jill Bolster-White, Transitions-Mental Health Association executive director

TMHA officials say they have worked hard for more than a year to communicate the goals of the project and ease concerns of neighbors. They have organized three public forums, held private meetings with concerned neighbors and offered tours of their existing supportive housing facilities.

"We asked the San Luis Obispo Police Department for information on police calls to our existing housing," Bolster-White said. " ... There were no problems with neighbors, whether stemming from tenant behaviors associated with drug or alcohol, or for other issues. Our neighbors are some of our biggest supporters."

Through a representative, Righetti recommended the site be alternatively used as an art center. But TMHA officials say the organization's option agreement with San Luis Obispo County is to buy the former orphanage on 1.3 acres with the intent to restore and reuse it as affordable housing for its clients.

"TMHA strongly believes that the Bishop Street site is the best option for providing housing and community good," Bolster-White said.

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