HomeMy WebLinkAbout32 - OB-2 - Attachment 1 - 11/17/2015ORDINANCE NO. 15-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA TO AMEND TITLE 13 OF THE COSTA
MESA MUNICIPAL CODE BY ADDING CHAPTER XVI
(GROUP HOMES, SOBER LIVING HOMES, AND
RESIDENTIAL CARE FACILITIES) IN THE R2 -MD, R2 -
HD AND R3 RESIDENTIAL ZONES AND THE PDR -LD,
PDR -MD, PDR -HD, PDR -NCM, PDC, AND PDI
(PLANNED DEVELOPMENT ZONES) OF TITLE 13 AND
AMENDING SECTION 13-6 (DEFINITIONS) OF ARTICLE
2 (DEFINITIONS) OF CHAPTER I (GENERAL) AND
SECTION 13-30 TABLE 13-30 (LAND USE MATRIX) OF
CHAPTER IV OF ARTICLE 1 OF CHAPTER V OF TITLE
13
THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE
FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS
ORDINANCE:
WHEREAS, under the California Constitution, Article XI, Section 7, the City
has been granted broad police powers to preserve the residential characteristics of
its R2MD, R2HD, and R3 zones; and planned development residential zones, which
powers have been recognized by both the California Supreme Court and United
States Supreme Court, the latter of which has stated that, "It is within the power of
the legislature to determine that the community should be beautiful as well as healthy,
spacious as well as clean, well-balanced as well as carefully patrolled"; and
WHEREAS, the Federal Fair Housing Act Amendments ("FHAA") and the
California Fair Employment Housing Act ("FEHA") prohibit enforcement of zoning
ordinances which would on theirface or have the effect of discriminating against equal
housing opportunities for the handicapped; and
WHEREAS, a core purpose of the FHAA, FEHA and California's Lanterman
Act is to provide a broader range of housing opportunities to the handicapped; to free
the handicapped, to the extent possible, from institutional style living; and to ensure
that handicapped persons have the opportunity to live in normal residential
surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling
is enjoyed by the non -handicapped; and
WHEREAS, to fulfill this purpose the FHAA and FEHA also require that the
City provide reasonable accommodations to its zoning ordinances if such
accommodation is necessary to afford a handicapped person an equal opportunity to
use and enjoy a dwelling; and
1
WHEREAS, the Lanterman Act fulfills this purpose in part by requiring cities to
treat state licensed residential care facilities serving six or fewer as a residential use;
and
WHEREAS, in enacting this Ordinance the City Council of the City of Costa
Mesa is attempting to strike a balance between the City's and residents' interests of
preserving the characteristics of residential neighborhoods and to provide
opportunities for the handicapped to reside in such neighborhoods that are enjoyed
by the non -handicapped; and
WHEREAS, over the past several years the City, County and State have seen
a significant increase in the number of single- and multi -family homes being utilized
as alcohol and drug recovery facilities for large numbers of individuals (hereafter,
"sober living homes"); and
WHEREAS, the increase appears to be driven in part by the Substance Abuse
and Crime Prevention Act of 2000 (hereafter, "the Act") adopted by California voters
which provides that specified first-time drug and alcohol offenders are to be afforded
the opportunity to receive substance abuse treatment rather than incarceration; and
WHEREAS, the Affordable Care Act has significantly expanded the availability
of health care coverage for substance abuse treatment; and
WHEREAS, the City of Costa Mesa has seen a sharp increase in the number
of sober living homes, which has generated secondary impacts including, but not
limited to neighborhood parking shortfalls, overcrowding, inordinate amounts of
second-hand smoke, and noise; and the clustering of sober living facilities in close
proximity to each other creating near neighborhoods of sober living homes; and
WHEREAS, over the past 20 months from January 2014 to September 2015
the City experienced an increase of 25.4% in the number of sober living facilities and
residential care facilities in the multiple -family residential zones. Those new facilities
resulted in an increase of 142 -beds, which is a 20.6% increase in beds since January
of 2014. As of September 2015 the City had a total of 84 residential facilities, with
831 -beds to treat drug and alcohol addiction located in its multiple -family residential
districts; and
WHEREAS, currently, in all zones, it is estimated that the City of Costa Mesa
is home to 1586 alcohol and drug recovery beds, divided as follows: 44 licensed
residential facilities/certified alcohol and drug programs in residential zones, providing
411 beds; 107 unlicensed sober living homes in residential zones, providing 600
beds; Included in those 107 homes are 41 homes who have submitted applications
per the R1 Ordinance providing 252 beds; and 1 State Licensed Facility on two
separate parcels, providing 76 beds in a non-residential zone; and 40 nonresidential
services facilities, providing support services such as administrative offices, therapy
etc.
E
WHEREAS, the City of Costa Mesa is currently home to almost 28.9% of the
state licensed residential drug and alcohol treatment facilities in Orange County, while
the City holds 3.6% of the County's population, thus it is reasonable to infer that
unlicensed sober living homes are locating in the City at a higher concentration than
in nearby communities; and
WHEREAS, over the last decade the number of sober living homes in the City
of Costa Mesa is rapidly increasing, leading to an overconcentration of sober living
homes in certain of the City's residential neighborhoods, which is both deleterious to
the residential character of these neighborhoods and may also lead to the
institutionalization of such neighborhoods; and
WHEREAS, the number of sober living homes has not increased to the point
of overconcentration in certain Planned Development zones; and
WHEREAS, the purpose of sober living homes is to provide a comfortable
living environment for persons with drug or alcohol addictions in which they remain
clean and sober and can participate in a recovery program in a residential, community
environment, and so that they have the opportunity to reside in the residential
neighborhood of their choice; and
WHEREAS, recovering alcoholics and drug addicts, who are not currently
using alcohol or drugs, are considered handicapped under both the FHAA and FEHA;
and
WHEREAS, in 2008, the U.S. Department of Health and Human Services
projected spending on substance abuse recovery to be $35 billion annually by 2014
(source: Projections of National Expenditures for Mental Health Services and
Substance Abuse Treatment 2004-2014, U.S. Dept. of Health and Human Services,
Substance Abuse and Mental Health Services Administration, Katharine R. Levit et
al., 2008); and
WHEREAS, based on the City's experience it has become clear that at least
some operators of sober living homes are driven more by a motivation to profit rather
than to provide a comfortable living environment in which recovering addicts have a
realistic potential of recovery, or to provide a living environment which remotely
resembles the manner in which the non -disabled use and enjoy a dwelling; and
WHEREAS, establishing distance requirements for sober living homes is
reasonable and non-discriminatory and not only helps preserve the residential
character of the R21VID, R2HD, and R3 zones; as well as the planned development
residential neighborhoods, but also furthers the interest of ensuring that the
handicapped are not living in overcrowded environments that are counterproductive
to their well-being and recover; and
3
WHEREAS, sober living homes do not function as a single housekeeping unit
for the following reasons: (1) they house extremely transient populations (programs
are generally about 90 days and as noted, the 2008 UCLA study found that 65-70%
of recovering addicts don't finish their recovery programs); (2) the residents generally
have no established ties to each other when they move in and typically do not mingle
with other neighbors; (3) neighbors generally do not know who or who does not reside
in the home; (4) the residents have little to no say about who lives or doesn't live in
the home; (5) the residents do not generally share expenses; (6) the residents are
often responsible for their own food, laundry and phone; (7) when residents disobey
house rules they are often just kicked out of the house; (8) the residents generally do
not share the same acquaintances; and (9) residents often pay significantly above -
market rate rents; and
WHEREAS, the size and makeup of the households in sober living homes,
even those allowed as a matter of right under the Costa Mesa Municipal Code, is
dissimilar and larger than the norm, creating impacts on water, sewer, roads, parking
and other City services that are far greater than the average household, in that the
average number of persons per California household is 2.90 (2.68 persons per
household according to the City's General Plan), while a sober living facility allowed
as a matter of right would house six, which is in the top 5% of households in Orange
County according to the most recent U.S. federal census data; and
WHEREAS, all the individuals residing in a sober living facility are generally
over the age of 18, while the average household has just 2.2 individuals over the age
of 18 according to the most recent federal census data; and
WHEREAS, the City and public utility providers utilize federal census data and
other information relating to the characteristics of residential neighborhoods to,
among other things: (1) determine the design of residential homes, residential
neighborhoods, park systems, library systems, transportation systems; (2) determine
parking and garage requirements of various (bedroom) sizes and density of units; (3)
develop its General Plan and zoning ordinances; (4) determine police and fire staffing;
(5) determine impacts to water, sewer and other services; and (5) establish impacts
fees that fairly and proportionally fund facilities for traffic, parks, libraries, police and
fire; and
WHEREAS, because of their extremely transient populations, above -normal
numbers of individuals/adults residing in a single dwelling and the lack of regulations,
sober living facilities present problems not typically associated with more traditional
residential uses, including but not limited to: the housing of large numbers of unrelated
adult who may or may not be supervised; disproportionate numbers of cars
associated with a single housing unit, which causes disproportionate traffic and
utilization of on -street parking; excessive noise and outdoor smoking, which interferes
with the use and enjoyment of neighbors' use of their property; neighbors who have
little to no idea who does and does not reside in the home; little to no participation in
community activities that form and strengthen neighborhood cohesion; a history of
EI
opening facilities in complete disregard of the Costa Mesa Municipal Code and with
little regard for impacts to the neighborhood; disproportional impacts from the average
dwelling unit to nearly all public services including sewer, water, parks, libraries,
transportation infrastructure, fire and police; a history of congregating in the same
general area; and the potential influx of individuals with a criminal record; and
WHEREAS, a variable separation requirement will still allow for a reasonable
market for the purchase and operation of sober living homes within the City and still
result in preferential treatment for sober living homes in that non -handicapped
individuals in a similar living situation (i.e., in boardinghouse -style residences) have
fewer housing opportunities than the handicapped; and
WHEREAS, housing inordinately large numbers of unrelated adults in a single
dwelling or congregating sober living homes in close proximity to each other does not
provide the handicapped with an opportunity to "live in normal residential
surroundings," but rather places them into living environments bearing more in
common with the types of institutional/campus/dormitory living that the FEHA and
FHAA were designed to provide relief from for the handicapped, and which no
reasonable person could contend provides a life in a normal residential surrounding;
and
WHEREAS, notwithstanding the above, the City Council recognizes that while
not in character with residential neighborhoods, that when operated responsibly,
group homes, including sober living homes, provide a societal benefit by providing
the handicapped the opportunity to live in residential neighborhoods, as well as
providing recovery programs for individuals attempting to overcome their drug and
alcohol addictions, and that therefore providing greater access to residential zones to
group homes, including sober living homes, than to boardinghouses or any other type
of group living provides a benefit to the City and its residents; and
WHEREAS, without some regulation there is no way of ensuring that the
individuals entering into a group home are handicapped individuals and entitled to
reasonable accommodation under local and state law; that a group home is operated
professionally to minimize impacts to the surrounding neighborhood; and that the
secondary impacts from over concentration of both group homes in a neighborhood
and large numbers of unrelated adults residing in a single facility in an individual home
are lessened; and
WHEREAS, in addition to group homes locating in residential neighborhoods
other state -licensed residential care facilities for six or fewer persons who are
mentally disordered or otherwise handicapped or supervised, are also taking up
residence in these neighborhoods; and
WHEREAS, the purpose of group homes for the handicapped is to provide the
handicapped an equal opportunity to comfortably reside in the residential
neighborhood of their choice; and
5
WHEREAS, no residential developments of any kind are permitted in the I&R
(Institutional and Recreation) zone, and no group homes exit in this zone at the time
of the adoption of this ordinance; and
WHEREAS, this Ordinance has been reviewed for compliance with the
California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's
environmental procedures, and has been found to be exempt pursuant to Section
15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby
finds that it can be seen with certainty that there is no possibility that the passage of
this Ordinance will have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDAIN AS FOLLOWS:
Section 1: The following definition in Section 13-6 (Definitions) of Article 2
(Definitions) of Chapter I (General) of Title 13 (Planning, Zoning and Development)
are hereby repealed and replaced with the following:
Boardinghouse. A residence or dwelling, other than a hotel, wherein rooms are rented
under two (2) or more separate written or oral rental agreements, leases or subleases
or combination thereof, whether or not the owner, agent or rental manager resides
within the residence. Boardinghouse, small means two (2) or fewer rooms being
rented. Boardinghouse, large means three (3) to six (6) rooms being rented.
Boardinghouses renting more than 6 rooms are prohibited.
Section 2: Chapter XVI (Group homes and residential care facilities in the R2 -MD,
R2 -HD and R3 residential zones and the PDR -LD, PDR -MD, PDR -HD, PDR -NCM,
PDC, AND PDI (Planned Development Zones) of Title 13 (Planning, Zoning and
Development) is hereby added as follows:
13-320.- Purpose.
This chapter is intended to preserve the residential character the City of Costa Mesa's
residential neighborhoods and to further the purposes of the FEHA, the FHAA and
the Lanterman Act by, among other things: (1) ensuring that group homes are actually
entitled to the special accommodation and/or additional accommodation provided
under the Costa Mesa Municipal Code and not simply skirting the City's boarding
house regulations; (2) limiting the secondary impacts of group homes by reducing
noise and traffic, preserving safety and providing adequate off-street parking; (3)
providing an accommodation for the handicapped that is reasonable and actually
bears some resemblance to the opportunities afforded non -handicapped individuals
to use and enjoy a dwelling unit in a residential neighborhood; and (4) to provide
0
comfortable living environments that will enhance the opportunity for the
handicapped, including recovering addicts to be successful in their programs.
13-321.- Definitions.
Property. For purposes of this chapter, property is defined as any single development
lot that has been subdivided bearing its own assessor's parcel number or with an
approved subdivision map or condominium map.
13-322.- Group Homes in the R2 -MD, R2 -HD and R3 residential zones and
the PDR -LD, PDR -MD, PDR -HD, PDR -NCM, PDC, AND PDI (Planned
Development Zones) Zones with Six or Fewer Occupants.
(a) A special use permit shall be required for and may be granted
to permit the operation of a group home including a sober living home with
six or fewer occupants in the R2 -MD, R2 -HD and R3 residential zones and
the PDR -LD, PDR -MD, PDR -HD, PDR -NCM, PDC, AND PDI (Planned
Development Zones) Zones) zones subject to the following conditions:
(1) The application complies with subsections (a)(1), (a)(2) and
(a)(4) through (a)(10) of Section 13-311.
(2) The application includes a live scan of the house manager and/or
operator of the group home.
(3) The group home or sober living home is at least 650 feet from
any other property, as defined in Section 13-321, that contains a
group home, sober living home or state licensed drug and alcohol
treatment facility, as measured from the property line.
(4) Upon eviction from or involuntary termination of residency in a
group home, the operator of the group home shall make available to
the occupant transportation to the address listed on the occupant's
driver license, state issued identification card, or the permanent
address identified in the occupant's application or referral to the
group home. The group home operator may not satisfy this
obligation by providing remuneration to the occupant for the cost of
transportation.
(b) An applicant may seek relief from the strict application of this
section by submitting an application to the director setting forth specific
reasons as to why accommodation over and above this section is
necessary under state and federal laws, pursuant to section 13-200.62.
(c) Notwithstanding any provision of section 13-3119(b) to the
contrary, the Development Services Director may revoke or deny a special
7
use permit for a group home subject to this chapter following the director's
determination that any of the circumstances set forth in Section 13-
311(b)(1) through (b)(5), (b)(6)(ii), (b)(6)(iii) and (b)(7) exist.
13-323.- Conditional Use Permit Required for Group Homes, Residential
Care Facilities and Drug and Alcohol Treatment Facilities in the R2 -MD, R2 -HD
and R3 residential zones and the PDR -LD, PDR -MD, PDR -HD, PDR -NCM, PDC,
AND PDI (Planned Development Zones) with 7 or More Occupants.
A conditional use permit shall be required for and may be granted to allow the
operation of a group home, state licensed residential care facility or state licensed
drug and alcohol treatment facility with seven (7) or more occupants in the R2 -MD,
R2 -HD and R3 residential zones and the PDR -LD, PDR -MD, PDR -HD, PDR -NCM,
PDC, AND PDI (Planned Development Zones) zones subject to the following
conditions:
(a) The requirements of Chapter III PLANNING APPLICATIONS have been
met.
(b) The group home, residential care facility or state licensed drug and
alcohol treatment facility is at least six -hundred fifty feet from any property, as defined
in Section 13-321, that contains a group home, sober living home or state licensed
drug and alcohol treatment facility, as measured from the property line.
(c) The applicant obtains an operator's permit as required by Article 23,
Chapter 2 of Title 9 except that this requirement shall not apply to any state licensed
residential care facility or state licensed drug and alcohol treatment facility.
(d) The findings for granting a conditional use permit in accordance with
Section 13-29(g) are met.
13-324.- Compliance.
(a) Group homes in the in the R2 -MD, R2 -HD and R3 residential zones and
the PDR -LD, PDR -MD, PDR -HD, PDR -NCM, PDC, AND PDI (Planned Development
Zones) Zones with six (6) or fewer occupants that are in existence upon the effective
date of this ordinance may continue to operate subject to the following:
1. A complete application for a special use permit is filed within 90 days of
the effective date of this ordinance; and
2. The group home is in full compliance with all of the conditions of this
ordinance within one (1) year of its effective date. Notwithstanding the
foregoing, existing group homes obligated by a written lease exceeding
one (1) year from the effective date of the ordinance, or whose activity
involves investment of money in leasehold or improvements such that a
longer period is necessary to prevent undue financial hardship, are
eligible for up to one (1) additional years grace period pursuant to
planning division approval.
(b) Group homes, state licensed residential care facilities and state licensed
drug and alcohol treatment facilities in the R2 -MD, R2 -HD and R3 residential zones
and the PDR -LD, PDR -MD, PDR -HD, PDR -NCM, PDC, AND PDI (Planned
Development Zones) with seven (7) or more occupants that are in existence upon the
effective date of this ordinance may continue to operate subject to the following:
1. The operator of a group home obtains an operator's permit pursuant to
section 9-372 et seq. within 120 days from the effective date of this
ordinance; and
2. The group home, state licensed residential care facility and/or state
licensed drug and alcohol treatment facility is in full compliance with all
conditions of this ordinance, including obtaining a conditional use permit,
within one (1) year from the effective date of this ordinance.
Notwithstanding the foregoing, an existing group home, state licensed
residential care facility and/or state licensed drug and alcohol treatment
facility obligated by a written lease exceeding one (1) year from the
effective date of the ordinance, or whose activity involves investment of
money in leasehold or improvements such that a longer period is
necessary to prevent undue financial hardship, are eligible for up to one
(1) additional years grace period pursuant to planning division approval.
13-325.- Severability.
Should any section, subsection, clause, or provision of this chapter for any reason be
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions of this Ordinance; it
being hereby expressly declared that this Ordinance, and each section, subsection,
sentence, clause and phrase hereof would have been prepared, proposed, approved
and ratified irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional. This Ordinance
shall be prospective in application from its effective date.
Section 3: Subdivisions (4) through (10) of Section 13-30 Table 13-30 of Chapter
IV (Citywide Land Use Matrix) of Title 13 (Planning, Zoning and Development) are
hereby repealed and replaced with the following:
See Attachment A.
Section 4: Footnote 5 to Table 13-30 (Land Use Matrix) of Section 13-30 (Purpose)
of Chapter IV (Citywide Land Use Matrix) of Title 13 (Planning, Zoning and
Development) is hereby amended to read as follows:
9
5 650 foot separation required between sober living homes, or from state
licensed alcohol or drug abuse recovery or treatment facilities. CMMC 13-
311(a)(10)(i).
Section 5: Footnotes 6, 7 and 8 to Table 13-30 (Land Use Matrix) of Section 13-
30 (Purpose) of Chapter IV (Citywide Land Use Matrix) of Title 13 (Planning, Zoning
and Development) is hereby added as follows:
6 Subject to the separation requirements set forth in Section 13-322(a)(3).
Small boardinghouses shall locate at least 650 feet from any other small
boardinghouse. Large boardinghouses shall be located at least 1,000 feet from
any other boardinghouse.
8 Uses prohibited in the base zoning district of a Mixed -Use Overlay Zone shall
also be prohibited in the Overlay Zone.
Section 6: Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
Section 7: Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof
to any person, is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Ordinance or its application to other persons. The City
Council hereby declares that it would have adopted this Ordinance and each chapter,
article, section, subsection, subdivision, sentence, clause, phrase, word, or portion
thereof, irrespective of the fact that any one or more subsections, subdivisions,
sentences, clauses, phrases, or portions of the application thereof to any person, be
declared invalid or unconstitutional. No portion of this Ordinance shall supersede any
local, state, or federal law, regulation, or codes dealing with life safety factors.
Section 8: This Ordinance shall take effect and be in full force thirty (30) days from
and after the passage thereof, and prior to the expiration of fifteen (15) days from its
passage shall be published once in the ORANGE COAST DAILY PILOT, a
newspaper of general circulation, printed and published in the City of Costa Mesa or,
in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published
the aforementioned summary and shall post in the office of the City Clerk a certified
copy of this Ordinance together with the names and member of the City Council voting
for and against the same.
10
Adopted this day of , 2015
Stephen Mensinger, Mayor
ATTEST:
Brenda Green
City Clerk of the City of Costa Mesa
STATE OF CALIFORNIA
COUNTY OF ORANGE )
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the day of , 2015, and thereafter at the regular meeting
of said City Council duly held on the day of , 2015, was duly passed
and adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Green
City Clerk of the City of Costa Mesa
11
Attachment A
TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
Z O
N
E S
LAND USES
R
R
R
R
A
C
C
C
C
T
M
M
P
P
P
P
P
P
I
I
P
1
2
2
3
P
L
1
2
1
C1
G
P
D
D
D
D
D
D
&
&
M
H
S1
R
R
R
R
C
11
R1
R
D
D
L
M
H
N
1
S
D
D
D
C
1
1
1
1
M1
RESIDENTIAL USES
1. Single-family dwellings (single
P4
P
P
P
P
P
P
P
P
P
housekeeping units)
2. Multi -family dwellings
0
P
P
P
P
P
P
P
P
P
P
2.1 Common interest developments,
.
P
P
P
.
P
.
.
P
P
P
P
P
P
residential
2.2 Small lot subdivisions, residential
.
P
P
P
.
.
.
.
3. Mobile home parks
0
C
C
C
0
0
0
0
0
0
C
C
C
C
C
C
4. Boardinghouse, small'
0
P
P
P
0
0
0
0
0
0
P
P
P
P
P
P
5. Boardinghouse, large?
0
C
C
C
0
C
C
C
C
C
6. Residential care facility, 6 or fewer
P
P
P
P
P
P
P
P
P
P
P
persons (State licensed)
7. Group homes, 6 or fewer
S
S6
S6
S6
S6
S6
S6
S6
S6
S6
P
7.1. Sober living homes, 6 or fewer
S5
S6
S6
S6
.
.
.
.
.
S6
S6
S6
S6
S6
S6
P
8. Residential care facility, 7 or more
0
C6
C6
C6
.
0
0
C6
C6
C6
C6
C6
P
9. Group homes, 7 or more
0
C6
C6
C6
.
0
0
0
0
0
0
C6
C6
C6
C6
C6
P
9.1 Sober living homes, 7 or more
0
C6
C6
C6
.
C6
C6
C6
C6
C6
P
10. Referral facility (Subject to the
0
C2
C2
C2
.
0
C2
.
0
0
C2
C2
requirements of Section 13-32.2 Referral
facility).
1. Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be allowed, subject to the review process
indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols shall have the following meaning: C - Conditional Use Permit; MC - Minor Conditional Use Permit; P - Permitted; . - Prohibited; and S — Special Use
Permit
5. 650 foot separation required between sober living homes, or from state licensed alcohol or drug abuse recovery or treatment facilities. CMMC 13-311(a)(10)(i).
6. Subject to the separation requirements set forth in Section 13-322(a)(3) and 13-323(b).
7. Small boardinghouses shall locate at least 650 feet from any other small boardinghouse. Large boardinghouses shall be located at least 1,000 feet from any other boardinghouse.
8. Uses prohibited in the base zoning district of a mixed-use overlay zone shall also be prohibited in the overlay zone.
ORDINANCE NO. 15-13
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA TO AMEND TITLE 9 OF THE
COSTA MESA MUNICIPAL CODE BY AMENDING
SECTIONS 9-116 (ISSUING OFFICER) AND 9-125
(BUSINESSES ETC. REQUIRING PERMIT) OF
ARTICLE I OF CHAPTER II OF TITLE 9 AND TO ADD
SECTION 131 (BUSINESSES WHERE
DEVELOPMENT SERVICES DIRECTOR MAY ISSUE
PERMIT) OF ARTICLE I OF CHAPTER II OF TITLE 9
AND ARTICLE XXIII (GROUP HOMES) OF CHAPTER
II OF TITLE 9
THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE
FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS
ORDINANCE:
WHEREAS, in enacting this Ordinance the City Council of the City of Costa
Mesa is attempting to strike a balance between the City's and residents' interests
of preserving the characteristics of residential neighborhoods and to provide
opportunities for the handicapped to reside in such neighborhoods that are enjoyed
by the non -handicapped; and
WHEREAS, over the past several years the City, County and State have
seen a significant increase in the number of single- and multi -family homes being
utilized as alcohol and drug recovery facilities for large numbers of individuals
(hereafter, "sober living homes"); and
WHEREAS, the increase appears to be driven in part by the Substance
Abuse and Crime Prevention Act of 2000 (hereafter, "the Act") adopted by
California voters which provides that specified first-time drug and alcohol offenders
are to be afforded the opportunity to receive substance abuse treatment rather
than incarceration; and
WHEREAS, the Affordable Care Act has significantly expanded the
availability of health care coverage for substance abuse treatment; and
WHEREAS, the City of Costa Mesa has seen a sharp increase in the
number of sober living homes, which has generated secondary impacts including,
but not limited to neighborhood parking shortfalls, overcrowding, inordinate
amounts of second-hand smoke, and noise; and the clustering of sober living
facilities in close proximity to each other creating near neighborhoods of sober
living homes; and
WHEREAS, over the past 20 months from January 2014 to September 2015
the City experienced an increase of 25.4% in the number of sober living facilities
and residential care facilities in the multiple -family residential zones. Those new
facilities resulted in an increase of 142 -beds, which is a 20.6% increase in beds
since January of 2014. As of September 2015 the City had a total of 84 residential
facilities, with 831 -beds to treat drug and alcohol addiction located in its multiple -
family residential districts; and
WHEREAS, currently, in all zones, it is estimated that the City of Costa
Mesa is home to 1586 alcohol and drug recovery beds, divided as follows: 44
licensed residential facilities/certified alcohol and drug programs in residential
zones, providing 411 beds; 107 unlicensed sober living homes in residential zones,
providing 600 beds; Included in those 107 homes are 41 homes who have
submitted applications per the R1 Ordinance providing 252 beds; and 1 State
Licensed Facility on two separate parcels, providing 76 beds in a non-residential
zone; and 40 nonresidential services facilities, providing support services such as
administrative offices, therapy etc.
WHEREAS, the City of Costa Mesa is currently home to almost 28.9% of
the state licensed residential drug and alcohol treatment facilities in Orange
County, while the City holds 3.6% of the County's population, thus it is reasonable
to infer that unlicensed sober living homes are locating in the City at a higher
concentration than in nearby communities; and
WHEREAS, over the last decade the number of sober living homes in the
City of Costa Mesa is rapidly increasing, leading to an overconcentration of sober
living homes in certain of the City's residential neighborhoods, which is both
deleterious to the residential character of these neighborhoods and may also lead
to the institutionalization of such neighborhoods; and
WHEREAS, the number of sober living homes has not increased to the point
of overconcentration in certain Planned Development zones; and
WHEREAS, the purpose of sober living homes is to provide a comfortable
living environment for persons with drug or alcohol addictions in which they remain
clean and sober and can participate in a recovery program in a residential,
community environment, and so that they have the opportunity to reside in the
residential neighborhood of their choice; and
WHEREAS, recovering alcoholics and drug addicts, who are not currently
using alcohol or drugs, are considered handicapped under both the FHAA and
FEHA; and
WHEREAS, in 2008, the U.S. Department of Health and Human Services
projected spending on substance abuse recovery to be $35 billion annually by
2014 (source: Projections of National Expenditures for Mental Health Services and
Substance Abuse Treatment 2004-2014, U.S. Dept. of Health and Human
Services, Substance Abuse and Mental Health Services Administration, Katharine
R. Levit et al., 2008); and
WHEREAS, based on the City's experience it has become clear that at least
some operators of sober living homes are driven more by a motivation to profit
rather than to provide a comfortable living environment in which recovering addicts
have a realistic potential of recovery, or to provide a living environment which
remotely resembles the manner in which the non -disabled use and enjoy a
dwelling; and
WHEREAS, sober living homes do not function as a single housekeeping
unit for the following reasons: (1) they house extremely transient populations
(programs are generally about 90 days and as noted, the 2008 UCLA study found
that 65-70% of recovering addicts don't finish their recovery programs); (2) the
residents generally have no established ties to each other when they move in and
typically do not mingle with other neighbors; (3) neighbors generally do not know
who or who does not reside in the home; (4) the residents have little to no say
about who lives or doesn't live in the home; (5) the residents do not generally share
expenses; (6) the residents are often responsible for their own food, laundry and
phone; (7) when residents disobey house rules they are often just kicked out of the
house; (8) the residents generally do not share the same acquaintances; and (9)
residents often pay significantly above -market rate rents; and
WHEREAS, the size and makeup of the households in sober living homes,
even those allowed as a matter of right under the Costa Mesa Municipal Code, is
dissimilar and larger than the norm, creating impacts on water, sewer, roads,
parking and other City services that are far greater than the average household, in
that the average number of persons per California household is 2.90 (2.68 persons
per household according to the City's General Plan), while a sober living facility
allowed as a matter of right would house six, which is in the top 5% of households
in Orange County according to the most recent U.S. federal census data; and
WHEREAS, all the individuals residing in a sober living facility are generally
over the age of 18, while the average household has just 2.2 individuals over the
age of 18 according to the most recent federal census data; and
WHEREAS, notwithstanding the above, the City Council recognizes that
while not in character with residential neighborhoods, that when operated
responsibly, group homes, including sober living homes, provide a societal benefit
by providing the handicapped the opportunity to live in residential neighborhoods,
as well as providing recovery programs for individuals attempting to overcome their
drug and alcohol addictions, and that therefore providing greater access to
residential zones to group homes, including sober living homes, than to
boardinghouses or any other type of group living provides a benefit to the City and
its residents; and
WHEREAS, without some regulation there is no way of ensuring that the
individuals entering into a group home are handicapped individuals and entitled to
reasonable accommodation under local and state law; that a group home is
operated professionally to minimize both the impacts to the surrounding
neighborhood as well as to the residents of the group homes; and that the
secondary impacts from over concentration of both group homes in a
neighborhood and large numbers of unrelated adults residing in a single facility in
an individual home are lessened; and
WHEREAS, regulation of the operations of larger group homes in the multi-
family zones pursuant to the business license provisions of Title 9 is necessary to
protect the health, safety, and welfare of the residents of the City, including the
residents or occupants of the group homes themselves; and
WHEREAS, this Ordinance has been reviewed for compliance with the
California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's
environmental procedures, and has been found to be exempt pursuant to Section
15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council
hereby finds that it can be seen with certainty that there is no possibility that the
passage of this Ordinance will have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA
MESA DOES ORDAIN AS FOLLOWS:
Section 1: Sections 9-116 and 9-125 of Article I of Chapter II of Title 9 are
amended, and Section 131 of Article I of Chapter II of Title 9 and Article XXIII of
Chapter II of Title 9 are hereby added, to read as follows:
Article I.
9-116. - Issuing officer.
"Issuing officer" shall mean the city council of Costa Mesa, the director of
finance, the fire chief, the chief of police, or the development services director.
9-125. - Businesses, professions, trades and occupations requiring a
permit under the provisions of this chapter.
(q) Group homes, as defined in section 13-6, that have seven (7) or
more occupants.
9-131. - Businesses where the development services director may issue
permit.
The development services director may issue permits for operation of a group
home located in the in the R2 -MD, R2 -HD and R3 residential zones and the
PDR -LD, PDR -MD, PDR -HD, PDR -NCM, PDC, AND PDI (Planned
Development Zones) Zones pursuant to the requirements of Article XXIII of this
Chapter.
Article XXIII GROUP HOMES
9-370. - Definitions
The definitions set forth in Title 13 of this Code shall apply to the provisions
of this article unless otherwise provided for herein.
9-371. - Zoning requirements.
In addition to the requirements of this article, all group homes subject to this
article shall comply with the requirements set forth in Chapter XVI of Title 13 of
this Code.
9-372. — Operator's permit required.
It shall be unlawful for any person to operate, or to permit any person to operate,
a group home on any property located within the R21VID, R2HD, R3, PDRLD,
PDRMD and/or PDRHD zone, without a valid permit issued for that group home
pursuant to the provisions of this article.
9-373. — Exceptions.
The requirements of this article shall not apply to:
(a) A group home that has six (6) or fewer occupants, not counting a house
manager, and that is in compliance with the applicable provisions of
Chapters XV and XVI of Title 13 of this code;
(b) A state licensed alcoholism or drug abuse recovery or treatment facility,-
or
acility;
or
(c) A state licensed residential care facility.
9-374. Requirements for issuance of operator's permit.
(a) The owner/operator shall submit an application to the director that provides
the following information:
(1) the name, address, phone number and driver's license number of
the owner/operator;
(2) the name, address, phone number and driver's license number of
the house manager;
(3) a copy of the group home rules and regulations;
(4) written intake procedures;
(5) the relapse policy;
(6) an affirmation by the owner/operator that only residents (other than
the house manager) who are handicapped as defined by state and
federal law shall reside at the group home;
(7) blank copies of all forms that all residents and potential residents are
required to complete; and
(8) a fee for the cost of processing of the application as set by resolution
of the city council.
(b) Requirements for operation of group homes.
(1) The group home has a house manager who resides at the group
home or any multiple of persons acting as a house manager who
are present at the group home on a twenty -four-hour basis and
who are responsible for the day-to-day operation of the group
home.
(2) All garage and driveway spaces associated with the dwelling unit
shall, at all times, be available for the parking of vehicles.
Residents and the house manager may each only store or park a
single vehicle at the dwelling unit or on any street within five
hundred (500) feet of the dwelling unit. The vehicle must be
operable and currently used as a primary form of transportation for
a resident of the group home.
(3) Occupants must not require and operators must not provide "care
and supervision" as those terms are defined by Health and Safety
Code Section 1503.5 and Section 80001(c)(3) of title 22, California
Code of Regulations.
(4) Integral group home facilities are not permitted. Applicants shall
declare, under penalty of perjury, that the group home does not
operate as an integral use/facility.
(5) If the group home operator is not the property owner, written
approval from the property owner to operate a group home at the
property.
(6) Upon eviction from or involuntary termination of residency in a
group home, the operator of the group home shall make available
to the occupant transportation to the address listed on the
occupant's driver license, state issued identification card, or the
permanent address identified in the occupant's application or
referral to the group home. The group home operator may not
satisfy this obligation by providing remuneration to the occupant for
the cost of transportation.
(7) The property must be fully in compliance with all building codes,
municipal code and zoning.
(8) In addition to the regulations outlined above, the following shall
also apply to sober living homes:
i. All occupants, other than the house manager, must be actively
participating in legitimate recovery programs, including, but not
limited to, Alcoholics Anonymous or Narcotics Anonymous and
the sober living home must maintain current records of meeting
attendance. Under the sober living home's rules and regulations,
refusal to actively participate in such a program shall be cause
for eviction.
ii. The sober living home's rules and regulations must prohibit the
use of any alcohol or any non-prescription drugs at the sober
living home or by any recovering addict either on or off site. The
sober living home must also have a written policy regarding the
possession, use and storage of prescription medications. The
facility cannot dispense medications but must make them
available to the residents. The possession or use of prescription
medications is prohibited except for the person to whom they are
prescribed, and in the amounts/dosages prescribed. These rules
and regulations shall be posted on site in a common area inside
the dwelling unit. Any violation of this rule must be cause for
eviction under the sober living home's rules for residency and the
violator cannot be re -admitted for at least ninety (90) days. Any
second violation of this rule shall result in permanent eviction.
Alternatively, the sober living home must have provisions in place
to remove the violator from contact with the other residents until
the violation is resolved.
iii. The number of occupants subject to the sex offender registration
requirements of Penal Code Section 290 does not exceed the
limit set forth in Penal Code Section 3003.5 and does not violate
the distance provisions set forth in Penal Code Section 3003.
iv. The sober living home shall have a written visitation policy that
shall preclude any visitors who are under the influence of any
drug or alcohol.
v. The sober living home shall have a good neighbor policy that
shall direct occupants to be considerate of neighbors, including
refraining from engaging in excessively loud, profane or
obnoxious behavior that would unduly interfere with a neighbor's
use and enjoyment of their dwelling unit. The good neighbor
policy shall establish a written protocol for the house
manager/operator to follow when a neighbor complaint is
received.
vi. The sober living home shall not provide any of the following
services as they are defined by Section 10501(a)(6) of Title 9,
California Code of Regulations: detoxification; educational
counseling; individual or group counseling sessions; and
treatment or recovery planning.
(c) An applicant may seek relief from the strict application of this section by
submitting an application to the director setting forth specific reasons as
to why accommodation over and above this section is necessary under
state and federal laws, pursuant to Article 15 of Chapter IX of Title 13 of
this Code.
(d) The operator's permit shall be issued by the director if the applicant is in
compliance, or, where applicable, has agreed to comply, with the
requirements of subsections (a) and (b) above.
(e) In addition to denying an application for failing to comply, or failing to
agree to comply, with subsections (a) and/or (b), an application shall be
denied by the director under any of the following circumstances:
(1) Any owner/operator or staff person has provided materially false or
misleading information on the application or omitted any pertinent
information.
(2) Any owner/operator or staff person has an employment history in
which he or she was terminated during the past two (2) years
because of physical assault, sexual harassment, embezzlement or
theft; falsifying a drug test; and selling or furnishing illegal drugs or
alcohol.
(3) Any owner/operator or staff person has been convicted of or pleaded
nolo contendere, within the last seven (7) to ten (10) years, to any of
the following offenses:
Any sex offense for which the person is required to register as a
sex offender under California Penal Code Section 290 (last ten
(10) years);
ii. Arson offenses—Violations of Penal Code Sections 451-455
(last seven (7) years); or
iii. Violent felonies, as defined in Penal Code Section 667.5, which
involve doing bodily harm to another person (last ten (10) years).
iv. The unlawful sale or furnishing of any controlled substances (last
seven (7) years).
(4) Any owner/operator or staff person is on parole or formal probation
supervision on the date of the submittal of the application or at any
time thereafter.
(5) The owner/operator accepts residents, other than a house manager,
who are not disabled or handicapped as defined by the FHAA and
FEHA.
(6) An operator's permit for a sober living home shall also be denied, and
if already issued shall be revoked upon a hearing by the director,
under any of the following additional circumstances:
The owner/operator of a sober living home fails to immediately
take measures to remove any resident who uses alcohol or
illegally uses prescription or non-prescription drugs, or who is not
actively participating in a legitimate recovery program from
contact with all other sober residents.
For any other significant and/or repeated violations of this section
and/or any other applicable laws and/or regulations.
9-375. — Transfer of operator's permit.
(a) An operator's permit shall not be valid for a location other than the
property for which it is issued, unless and until the transfer of the permit is
approved by the director pursuant to the requirements of section 9-374.
(b) An operator's permit may not be transferred to any other person or entity.
No operator's permit issued pursuant to this article shall be transferred or
assigned or authorize any person or entity other than the person or entity
named in the permit to operate the group home named therein.
9-376. - Revocation of operator's permit.
An operator's permit may be revoked upon a hearing by the director pursuant to
section 9-120 for failing to comply with the terms of the permit and/or for failing to
comply with the applicable provisions of section 9-374.
9-377. — Reapplication after denial or revocation.
(a) An applicant for an operator's permit whose application for such an
operator's permit has been denied may not reapply for such an operator's
permit for a period of six (6) months from the date such notice of denial was
issued.
(b) A holder of an operator's permit that has been cancelled, revoked or
otherwise invalidated may not reapply for an operator's or a user's permit
for a period of six (6) months from the date that such revocation,
cancellation or invalidation became final.
9-378. — Compliance.
A group home that is subject to the provisions of this article that is in existence as
of the effective date of this ordinance shall have 120 days to comply with the
provisions of this article.
Section 2: Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent
of such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
Section 3: Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, word, or portion of this Ordinance, or the application
thereof to any person, is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portion of this Ordinance or its application to other
persons. The City Council hereby declares that it would have adopted this
Ordinance and each chapter, article, section, subsection, subdivision, sentence,
clause, phrase, word, or portion thereof, irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, phrases, or portions of the
application thereof to any person, be declared invalid or unconstitutional. No
portion of this Ordinance shall supersede any local, state, or federal law,
regulation, or codes dealing with life safety factors.
Section 4: This Ordinance shall take effect and be in full force thirty (30) days
from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in the ORANGE COAST DAILY PILOT,
a newspaper of general circulation, printed and published in the City of Costa Mesa
or, in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office of the City Clerk
a certified copy of this Ordinance together with the names and member of the City
Council voting for and against the same.
Adopted this day of , 2015
Stephen Mensinger, Mayor
ATTEST:
Brenda Green
City Clerk of the City of Costa Mesa
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF COSTA MESA)
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, California, do
hereby certify that the foregoing Ordinance was introduced at the regular meeting
of the City Council held on the day of , 2015, and thereafter at the
regular meeting of said City Council duly held on the day of , 2015,
was duly passed and adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Green
City Clerk of the City of Costa Mesa