HomeMy WebLinkAbout14-13 Amending Land Use Matrix Relating to Group HomesORDINANCE NO. 14-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
AMENDING SECTION 13-6 (DEFINITIONS) OF ARTICLE 2 (DEFINITIONS) OF
CHAPTER I (GENERAL), ADDING CHAPTER XV (GROUP HOMES), AND
REPEALING AND REPLACING ARTICLE 15 (REASONABLE ACCOMMODATIONS)
OF CHAPTER IX (SPECIAL LAND USE REGULATIONS), OF TITLE 13 (ZONING
CODE) AND AMENDING THE CITY OF COSTA MESA LAND USE MATRIX - TABLE
NO. 13-30 OF CHAPTER IV. (CITYWIDE LAND USE MATRIX) OF THE COSTA MESA
MUNICIPAL CODE RELATING TO GROUP HOMES
THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE FOLLOWING
FINDINGS WITH RESPECT TO THE ADOPTION OF THE FOLLOWING ORDINANCE:
WHEREAS, under the California Constitution, Article XI, Section 7, the City has
been granted broad police powers to preserve the single-family characteristics of its
single-family neighborhoods, 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, both the California Supreme Court and United States Supreme Court
have held that cities have the right to regulate both the number of people who may reside
in a single family home and the manner in which the single family is used as long as such
regulations do not unfairly discriminate or impair an individual's rights of privacy and
association; and
WHEREAS, individuals and families often purchase homes in single-family
neighborhoods for the relative tranquility and safety that often accompanies such
neighborhoods and with the expectation of establishing close and long-standing ties with
their neighbors; and
WHEREAS, with these expectations, individuals and families commit to making
what will be, for most of them, the single largest financial investment of their lives, as well
as one of the most significant emotional investments; 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 their face 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
1
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 accommodation to its zoning ordinances if such accommodation is
necessary to afford a handicapped person an equal opportunity to use and enjoy a
dwelling; and
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 single family characteristics of single-family neighborhoods and to provide
opportunities for the handicapped to reside in single-family R1 zones 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-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 of sober living
homes, which has generated community outcry and complaints including, but not limited
to 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, this significant increase in sober living homes has become an rising
concern for cities statewide as local officials are in some cases being bombarded with
complaints from residents about the proliferation of sober living homes; conferences
drawing local officials from around the state are being held discussing what to do about
the problems associated with sober living homes; it has been the topic of several League
of California Cities meetings; there have been numerous city -sponsored attempts at
legislative fixes that have failed in committee; and litigation is spreading across the state
as cities attempt to address the problem; and
Ordinance No. 14-13 Page 2 of 19
WHEREAS, as of the date of adoption of this Ordinance, it is estimated that the
City of Costa Mesa is home to 1,214 alcohol and drug recovery beds, divided as follows:
40 licensed residential facilities/certified alcohol and drug programs in residential zones,
providing 398 beds; 94 unlicensed sober living homes in residential zones, providing 740
beds; and 1 sober living home on two separate parcels, providing 76 beds in a non-
residential zone; and 28 nonresidential services facilities, providing support services such
as administrative offices, therapy etc.; and
WHEREAS, the number of sober living homes in the City of Costa Mesa is rapidly
increasing, leading to an overconcentration of sober living homes in the City's R1
neighborhoods, which is both deleterious to the single-family character of the R1
neighborhoods and may also lead to the institutionalization of such neighborhoods; 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 single family 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, concentrations of sober living homes and/or the placement of
inordinately large numbers of recovering addicts in a single dwelling can undermine the
benefits of home ownership in single-family neighborhoods for those residing nearby and
undermine the single-family characteristics of neighborhoods; and
WHEREAS, in some cases, operators of sober living homes have attempted to
house inordinately large numbers of recovering addicts in a single-family dwelling in
Costa Mesa; for example, in one case an operator has placed 15 beds in a single-family
home; and there has been a tendency for sober living homes to congregate in close
proximity (for example, five sober living homes are located next to each other on one
street in a R1 zone); and
WHEREAS, the City has experienced situations in which single-family homes are
remodeled to convert common areas such as family rooms, dressing rooms, and garages
into bedrooms (in one case a patio was converted to a room where 6 beds were found)
or to add multiple bedrooms for the sole purpose of housing large numbers of recovering
addicts in a single dwelling; and
WHEREAS, it has been the City's experience that most, if not all, operators of
sober living homes have taken the stance that the FHAA and FEHA prohibit the City from
regulating them in any fashion, that they are free to house as many recovering addicts in
a single home as they desire, and that they are not required to make any showing to
obtain an accommodation from the City's zoning ordinances, which allow a sober living
home to house up to six recovering addicts as a matter of right; and
Ordinance No. 14-13 Page 3 of 19
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, this Ordinance and the balance of the City's zoning scheme have built
in an accommodation for group homes to locate in the R1 neighborhoods as long as they
are serving six or fewer tenants, whereas a similarly situated and functioning home with
non -handicapped tenants would be defined as a boarding house and only be allowed
three residents; and
WHEREAS, this Ordinance will provide a mechanism for a group home to seek
additional accommodation above the six residents upon making a showing, as required
by state and federal law, that such additional accommodation is reasonably necessary to
afford the handicapped the right to use and enjoy a dwelling in a manner similar to that
enjoyed by the non -handicapped; and
WHEREAS, permitting six or fewer residents in a sober living home and
establishing distance requirements is reasonable and non-discriminatory and not only
helps preserve the single family characteristic of single family neighborhoods, but also
furthers the purpose forwhich sober living homes are established: (1) the State legislature
in establishing licensed residential care facilities as a residential use, including group
homes serving recovering addicts, found that six residents was a sufficient number to
provide the supportive living environment that experts agree is beneficial to recovery; (2)
Group Homes serving six or fewer have existed and flourished in the State for decades
and there has been no significant efforts or suggestions to increase the number; (3) the
City has received expert testimony stating that six is a reasonable number for a sober
living facility and is sufficient to provide the supportive living environment that is beneficial
to recovery and that larger numbers can actually reduce the chances of recovery; (4) a
2005 UCLA study found that 65-70% of recovering addicts do not finish the recovery
programs into which they are placed and a comfortable living environment is a factor in
whether recovering addicts will finish their programs; (5) drug and alcohol addiction is
known to affect all income levels and there is no evidence in the record that individuals
residing in sober living homes are financially unable to pay market rate rents and certainly
the experience in the City of Newport Beach, where rents and property are among the
most expensive in Orange County, is evidence that such addiction has a profound effect
on the wealthy; (6) in any event, receiving rent from up to six individuals will provide
sufficient income for operators of sober living homes and result in revenue which is well
above market rate rents; (7) the evidence in the record indicates that in general operators
of sober living homes do not incur significant costs over and above what landlords of other
similarly -situated homes may incur; and (8) limiting the number of recovering addicts that
can be placed in a single-family home enhances the potential for their recovery; and
WHEREAS, sober living homes do not function as a single-family unit nor do they
fit the City's zoning definition of a single-family for the following reasons: (1) they house
Ordinance No. 14-13 Page 4 of 19
extremely transient populations (programs are generally about 90 days and as noted, the
2005 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 (2.74 in Costa Mesa's R1 zones 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 of six 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 utilizes federal census data and other information relating to
the characteristics of single-family neighborhoods for among other things: (1) determining
the design of residential homes, residential neighborhoods, park systems, library
systems, transportation systems; (2) determining parking and garage requirements of
single-family homes; (3) developing its General Plan and zoning ordinances; (4)
determining police and fire staffing; (5) determining impacts to water, sewer and other
services; and (5) in establishing 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 home and the lack of regulations, sober
living facilities present problems not typically associated with more traditional single-
family uses, including: the housing of large numbers of unrelated adult who may or may
not be supervised; disproportionate numbers of cars associated with a single-family home
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 interaction with the neighborhood; a history of opening facilities in
complete disregard of the Costa Mesa Municipal Code and with little disregard for impacts
to the neighborhood; disproportional impacts from the average dwelling unit to nearly all
City services including sewer, water, parks, libraries, transportation infrastructure, fire and
Ordinance No. 14-13 Page 5 of 19
police; a history of congregating in the same general area; and the potential influx of
individuals with a criminal record; and
WHEREAS, a 650 -foot distance requirement provides a reasonable market for the
purchase and operation of a sober living home within the City and still results in
preferential treatment for sober living homes in that non -handicapped individuals in a
similar living situation (i.e., in boardinghouse -style residences) cannot reside in the R1
zone; and
WHEREAS, housing inordinately large numbers of unrelated adults in a single-
family home 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 a single-family neighborhood, that when operated responsibly, a group
homes, including sober living homes, provide a societal benefit by providing the
handicapped the opportunity to live in single-family neighborhoods, as well as providing
recovery programs for individuals attempting to overcome their drug and alcohol
addictions, and that therefore providing greater access to R1 zones to group homes,
including sober living homes, than to boardinghouses 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 a single home are
lessened; and
WHEREAS, in addition to group homes locating in single-family 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
single-family neighborhoods; and
WHEREAS, the purpose of group homes for the handicapped is to provide the
handicapped an equal opportunity to comfortably reside in the single family neighborhood
of their choice; and
WHEREAS, this Ordinance has been reviewed for compliance with the California
Environmental duality Act (CEdA), the CEdA guidelines, and the City's environmental
procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General
Ordinance No. 14-13 Page 6 of 19
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 definitions in Section 13-6 (Definitions) of Article 2 (Definitions)
of Chapter I (General) of Title 13 (Planning, Zoning and Development) are hereby
repealed, amended or added as follows:
Alcoholism or drug abuse recovery or treatment facility means adult alcoholism or drug
abuse recovery or treatment facilities that are licensed pursuant to Section 11834.01 of
the California Health & Safety Code. Alcoholism or drug abuse recovery or treatment
facilities are a subset of residential care facilities.
Boardinghouse A residence or dwelling, other than a hotel, wherein rooms are rented
under three 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 or fewer rooms being rented.
Boardinghouse, large means three or more rooms being rented.
Development Services Department means the Development Services Department of the
City of Costa Mesa.
Disabled shall have the same meaning as handicapped.
Fair housing laws means the Federal Fair Housing Act, the Americans with Disabilities
Act, and the California Fair Employment and Housing Act, as each statute may be
amended from time to time, and each statute's implementing regulations.
Group home. A facility that is being used as a supportive living environment for persons
who are considered handicapped under state or federal law. A group home operated by
a single operator or service provider (whether licensed or unlicensed) constitutes a single
facility, whether the facility occupies one or more dwelling units. Group homes shall not
include the following: (1) residential care facilities; (2) any group home that operates as a
single housekeeping unit.
Handicapped. As more specifically defined under the fair housing laws, a person who has
a physical or mental impairment that limits one or more major life activities, a person who
is regarded as having that type of impairment, or a person who has a record of that type
of impairment, not including current, illegal use of a controlled substance.
Household includes all the people occupying a dwelling unit, and includes people who
live in different units governed by the same operator.
Ordinance No. 14-13 Page 7 of 19
Integral facilities. Any combination of two or more group homes which may or may not be
located on the same or contiguous parcels of land, that are under the control and
management of the same owner, operator, management company or licensee or any
affiliate of any of them, and are integrated components of one operation shall be referred
to as Integral Facilities and shall be considered one facility for purposes of applying
federal, state and local laws to its operation. Examples of such Integral Facilities include,
but are not limited to, the provision of housing in one facility and recovery programming,
treatment, meals, or any other service or services to program participants in another
facility or facilities or by assigning staff or a consultant or consultants to provide services
to the same program participants in more than one licensed or unlicensed facility.
Integral uses. Any two or more residential care programs commonly administered by the
same owner, operator, management company or licensee, or any affiliate of any of them,
in a manner in which participants in two or more care programs participate simultaneously
in any care or recovery activity or activities so commonly administered. Any such integral
use shall be considered one use for purposes of applying federal, state and local laws to
its operation.
Operatormeans a company, business or individual who provides residential services, i.e.,
the placement of individuals in a residence, setting of house rules, and governing
behavior of the residents as residents. Operator does not include a property owner or
property manager that exclusively handles real estate contracting, property management
and leasing of the property and that does not otherwise meet the definition of operator.
Planning division. The planning division of the Development Services Department of the
City of Costa Mesa.
Referral facility. A residential care facility or a group home where one (1) or more person's
residency in the facility is pursuant to a court order or directive from an agency in the
criminal justice system.
Residential care facility. A residential facility licensed by the state where care, services,
or treatment is provided to persons living in a supportive community residential setting.
Residential care facilities include but may not be limited to the following: intermediate care
facilities for the developmentally disabled (Health & Saf. Code §§ 1267.8, 1267.9);
community care facilities (Health & Saf. Code §§ 1500 et seq.); residential care facilities
for the elderly (Health & Saf. Code §§ 1569 et seq.); residential care facilities for the
chronically ill (22 C.C.R. § 87801(a)(5); Health & Saf. § 1568.02); alcoholism and drug
abuse facilities (Health & Saf. Code §§ 11834.02-11834.30); pediatric day health and
respite care facilities (Health & Saf. Code §§ 1760 et seq.); residential health care
facilities, including congregate living health facilities (Health & Saf. Code §§ 1265 —
1271.1, 1250(1), 1250(e), (h)); family care home, foster home, group home for the mentally
disordered or otherwise handicapped persons or dependent and neglected children (Wel.
& Inst. Code §§ 5115-5120).
[Residential services facilities is hereby deleted.]
Ordinance No. 14-13 Page 8 of 19
Single housekeeping unit means that the occupants of a dwelling unit have established
ties and familiarity with each other, jointly use common areas, interact with each other,
share meals, household activities, and expenses and responsibilities; membership in the
single housekeeping unit is fairly stable as opposed to transient, members have some
control over who becomes a member of the household, and the residential activities of
the household are conducted on a nonprofit basis. There is a rebuttable presumption that
integral facilities do not constitute single housekeeping units. Additional indicia that a
household is not operating as a single housekeeping unit include but are not limited to:
the occupants do not share a lease agreement or ownership of the property; members of
the household have separate, private entrances from other members; members of the
household have locks on their bedroom doors; members of the household have separate
food storage facilities, such as separate refrigerators.
Sober living home means a group home for persons who are recovering from a drug
and/or alcohol addiction and who are considered handicapped under state or federal law.
Sober living homes shall not include the following: (1) residential care facilities; (2) any
sober living home that operates as a single housekeeping unit.
Section 2: Chapter XV (Group Homes) of Title 13 (Planning, Zoning and Development)
is hereby added as follows:
Chapter XV: Group homes.
13-310 Purpose.
This chapter is intended to preserve the residential character of single-family 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 on 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
single-family neighborhood; and (4) to provide comfortable living environments that will
enhance the opportunity for the handicapped and for recovering addicts to be successful
in their programs.
13-311 Special use permit required.
(a) A group home that may otherwise be considered an unpermitted use may locate
in an R1 zone with a special use permit provided:
Ordinance No. 14-13 Page 9 of 19
I . An application for a group home is submitted to the director by the
owner/operator of the group home. The application shall provide the
following: (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. No
person shall open a group home or begin employment with a group home
until this information has been provided and such persons shall be
responsible for updating any of this information to keep it current.
2. The group home has six (6) or fewer occupants, not counting a house
manager, but in no event shall have more than seven occupants. If the
dwelling unit has a secondary accessory unit, occupants of both units will
be combined to determine whether or not the limit of six (6) occupants has
been exceeded.
3. The group home shall not be located in an accessory secondary unit unless
the primary dwelling unit is used for the same purpose.
4. 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 24-hour basis and who are responsible for the day-to-day
operation of the group home.
5. 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 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.
6. 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.
7. 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.
8. If the group home operator is not the property owner, written approval from
the property owner to operate a group home at the property.
Ordinance No. 14-13 Page 10 of 19
9. The property must be fully in compliance with all building codes, municipal
code and zoning code
10. In addition to the regulations outlined above, the following shall also apply
to sober living homes:
i. The sober living home is not located within 650 feet, as measured
from the closest property lines, of any other sober living home or a
state licensed alcoholism or drug abuse recovery or treatment
facility.
ii. 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.
iii. 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 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.
iv. 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.
v. 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.
Ordinance No. 14-13 Page 11 of 19
vi. 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.
vii. 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.
11. 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.
(b) The special use permit shall be issued by the director as a ministerial matter if the
applicant is in compliance or has agreed to comply with subsections (a)(1) through
(a)(9) above. The special use permit shall be denied, and if already issued, any
transfer shall be denied or revoked, upon a hearing 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 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 to ten years, to any of the following
offenses:
i. Any sex offense for which the person is required to register as a sex
offender under California Penal Code Section 290 (last 10 years);
ii. Arson offenses — violations of Penal Code Sections 451-455 (last
seven years); or
iii. Violent felonies, as defined in Penal Code Section 667.5, which
involve doing bodily harm to another person (last 10 years).
iv. The unlawful sale or furnishing of any controlled substances (last
seven years).
Ordinance No. 14-13 Page 12 of 19
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 handicapped as defined by the FHAA and FEHA.
6. A special use permit for a sober living home shall also be denied, and if
already issued, any transfer shall be denied or revoked, upon a hearing by
the director under any of the following additional circumstances:
i. Any owner/operator or staff person of a sober living home is a
recovering drug or alcohol abuser and upon the date of application
or employment has had less than one full year of sobriety.
ii. 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.
iii. The sober living home, as measured by the closest property lines, is
located within 650 feet of any other sober living home or state
licensed alcoholism or drug abuse recovery or treatment facility. If a
state licensed alcoholism or drug abuse recovery or treatment facility
moves within 650 feet of an existing sober living home this shall not
cause the revocation of the sober living home's permit or be grounds
for denying a transfer of such permit.
7. For any other significant and/or repeated violations of this Section and/or
any other applicable laws and/or regulations.
8. Revocation shall not apply to any group home, which otherwise would
cause it to be in violation of this Ordinance, that has obtained a reasonable
accommodation pursuant to Section 13-200.62.
13-312 Compliance.
(a) Existing group homes must apply for a special use permit within 90 days of
the effective date of this ordinance.
(b) Group homes that are in existence upon the effective date of this ordinance
shall have one (1) year from the effective date of this ordinance to comply with its
provisions, provided that any existing group home, which is serving more than six residents,
must first comply with the six resident maximum.
Ordinance No. 14-13 Page 13 of 19
(c) Existing group homes obligated by a written lease exceeding one 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 additional years grace period pursuant to
planning division approval.
13-313 Severability.
Should any section, subsection, clause, or provision of this Ordinance 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.
13-314 —13-350 [Reserved.]
Section 3: Article 15 (Reasonable Accommodations) of Chapter IX (Special Land Use
Regulations) of Title 13 (Planning, Zoning and Development) is hereby repealed and
replaced with the following:
13-200.60 Purpose.
It is the city's policy to provide reasonable accommodation in accordance with federal and
state fair housing laws (42 USC § 3600 et seq. and Government Code § 12900 et seq.)
for persons with disabilities seeking fair access to housing in the application of the city's
zoning laws. The term "disability" as used in this article shall have the same meaning as
the terms "disability" and "handicapped" as defined in the federal and state fair housing
laws. The purpose of this article is to establish the procedure by which a person may
request reasonable accommodation, and how the request is to be processed.
13-200.61 Applicability.
Any person seeking approval to construct and/or modify residential housing for person(s)
with disabilities, and/or operate a residential care facility, group home, or referral facility,
which will substantially serve persons with disabilities may apply for a reasonable
accommodation to obtain relief from a Zoning Code provision, regulation, policy, or
condition which causes a barrier to equal opportunity for housing.
13-200.62 Reasonable accommodations — procedure.
(a) Application required. An application for a reasonable accommodation shall be filed
and processed with the Planning Division. The application shall include the
Ordinance No. 14-13 Page 14 of 19
following information and be subject to the determinant factors required by this
section.
(b) Submittal requirements. The application shall be made in writing, and shall include
the following information:
1. The zoning code provision, regulation, policy, or condition from which
accommodation is being requested;
2. The basis for the claim that the individuals are considered disabled under
state or federal law, and why the accommodation is necessary to provide
equal opportunity for housing and to make the specific housing available to
the individuals;
3. Any other information that the director reasonably determines is necessary
for evaluating the request for reasonable accommodation;
4. Documentation that the applicant is: (a) an individual with a disability; (b)
applying on behalf of one or more individuals with a disability; or (c) a
developer or provider of housing for one or more individuals with a disability;
5. The specific exception or modification to the Zoning Code provision, policy,
or practices requested by the applicant;
6. Documentation that the specific exception or modification requested by the
applicant is necessary to provide one or more individuals with a disability
an equal opportunity to use and enjoy the residence;
7. Any other information that the Hearing Officer reasonably concludes is
necessary to determine whether the findings required by Section (e) can be
made, so long as any request for information regarding the disability of the
individuals benefited complies with fair housing law protections and the
privacy rights of the individuals affected;
(c) Fees. No application fee is required.
(d) Director action. Within 60 days of receipt of a completed application, the director
shall issue a written determination to approve, conditionally approve, or deny a
request for reasonable accommodation, and the modification or revocation thereof
in compliance with this chapter. Any appeal to reasonable accommodation request
denial or conditional approval shall be heard with, and subject to, the notice,
review, approval, and appeal procedures prescribed for any other discretionary
permit provided that, notwithstanding any other provision to the contrary, the
standard of review on appeal shall not be de novo and the planning commission
shall determine whether the findings made by the director are supported by
substantial evidence presented during the evidentiary hearing. The planning
Ordinance No. 14-13 Page 15 of 19
commission, acting as the appellate body, may sustain, reverse or modify the
decision of the director or remand the matter for further consideration, which
remand shall include specific issues to be considered or a direction for a de novo
hearing.
(e) Grounds for reasonable accommodation. The following factors shall be considered
in determining whether to grant a reasonable accommodation:
1. Special needs created by the disability;
2. Potential benefit that can be accomplished by the requested modification;
3. Potential impact on properties within the vicinity;
4. Physical attributes of the property and structures;
5. Alternative accommodations that may provide an equivalent level of benefit;
6. In the case of a determination involving a single family dwelling, whether
the residents would constitute a single housekeeping unit;
7. Whether the requested accommodation would impose an undue financial
or administrative burden on the City;
8. Whether the requested accommodation would require a fundamental
alteration in the nature of a City program;
9. Whether granting the request would be consistent with the City's General
Plan; and,
10. The property will be used by an individual with disability protected under fair
housing laws.
(f) Findings. The written decision to approve, conditionally approve, or deny a request
for reasonable accommodation shall be based on the following findings, all of
which are required for approval. In making these findings, the director may approve
alternative reasonable accommodations which provide an equivalent level of
benefit to the applicant.
1. The requested accommodation is requested by or on the behalf of one or
more individuals with a disability protected under the fair housing laws.
2. The requested accommodation is necessary to provide one or more
individuals with a disability an equal opportunity to use and enjoy a dwelling.
Ordinance No. 14-13 Page 16 of 19
3. The requested accommodation will not impose an undue financial or
administrative burden on the city, as "undue financial or administrative
burden" is defined in fair housing laws and interpretive case law.
4. The requested accommodation is consistent with the whether or not the
residents would constitute a single housekeeping unit.
5. The requested accommodation will not, under the specific facts of the case,
result in a direct threat to the health or safety of other individuals or
substantial physical damage to the property of others.
6. Whether the requested accommodation is necessary to make facilities of a
similar nature or operation economically viable in light of the particularities
of the relevant market and market participants.
7. Whether the existing supply of facilities of a similar nature and operation in
the community is sufficient to provide individuals with a disability an equal
opportunity to live in a residential setting.
8. The requested accommodation will not result in a fundamental alteration in
the nature of the City's zoning program.
(g) The City may consider, but is not limited to, the following factors in determining
whether the requested accommodation would require a fundamental alteration in
the nature of the City's zoning program.
1. Whether the requested accommodation would fundamentally alter the
character of the neighborhood.
2. Whether the accommodation would result in a substantial increase in traffic
or insufficient parking.
3. Whether granting the requested accommodation would substantially
undermine any express purpose of either the city's General Plan or an
applicable Specific Plan.
4. Whether the requested accommodation would create an institutionalized
environment due to the number of and distance between facilities that are
similar in nature or operation.
5. Any other factors that would cause a fundamental alteration in the City's
zoning program, as may be defined in the Fair Housing Law.
Ordinance No. 14-13 Page 17 of 19
13-200.63 Severability.
Should any section, subsection, clause, or provision of this Ordinance 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.
13-200.64 — 13.200.69 [Reserved.]
Section 4. 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 5. 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 6. 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.
Ordinance No. 14-13 Page 18 of 19
PASSED and 1P this 21s' day of October, 2014.
s'M. Righeimer
r, City of Costa Mesa
ATTEST: APPROVE-D*S TO FORM:
&OA NJ-6�
Brenda Green, Thom6s Du
City Clerk City Attorney
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA)
I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City
of Costa Mesa, hereby certify that the above Council Ordinance Number 14-13 was
introduced at a regular meeting of said City Council held on the 7th day of October, 2014,
and thereafter passed and adopted as a whole at the regular meeting of said City Council
held on the 21St day of October, 2014, by the following roll call vote:
AYES: COUNCIL MEMBERS: Genis, Mensinger, Monahan, Righeimer
NOES: COUNCIL MEMBERS: Leece
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this 22nd day of October, 2014.
Brenda Green, City CLLrk
Ordinance No. 14-13 Page 19 of 19