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1 RiversideCa.gov
RiversideCa.gov
Office of the City Attorney Public Safety DivisionResidential Recovery Facilities and Group Homes: An OverviewCITY COUNCIL WORKSHOPJUNE 11, 2024 RiversideCa.govGroup Homes Categories1. Homes Subject to State Licensing2. Sober Living Homes3. Homes notsubject to state licensing andwhose occupants are notwithin a protected class. 1 2
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2 RiversideCa.gov1. Abuse Recovery/Treatment Facilities–Provides 24-hour residential, nonmedical services to persons recovering from alcohol/drug misuse or abuse, and who need alcohol/drug recovery treatment or detoxification services. (H&S Code Section 11834.02)–Incidental medical services (monitoring health status) allowed. Homes Subject to State Licensing RiversideCa.gov2. Health Facilities–The state also licenses a variety of residential health care facilities. –Examples:•Congregate Living Health Facilities–Impatient care for terminally ill, ventilator dependent, or catastrophically or severely disabled. (H&S Code Section 1250(i))•Intermediate Care Facilities–Intermediate nursing care. (H&S Code Section 1250(e))•Pediatric Day Care and Respite Care –quality care to medically fragile and terminally ill children and their families. (H&S Code Section 1760 et seq.)Homes Subject to State Licensing 3 4
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3 RiversideCa.gov3. Community Care Facilities–Provide 24-hour non-medical residential care to children and adults with disabilities who are in need of personal services, supervision, and/or assistance with activities essential for daily living.(H&S Code Section1502).4. “Assisted Living” or “Board and Care” (for persons 60 years of age or older)(H&S Code Section1569.5)Homes Subject to State Licensing RiversideCa.gov•Primary purpose to move people out of institutions and into “normal” family-like surroundings. •Not subject to local regulations relating to zoning(i.e., CUPs), business taxation, or local licensing if serving six or fewer residents. •These homes are subject to local regulation that applies to residential use of property in the same zone.Homes Subject to State Licensing5 6 5/23/2024
4 RiversideCa.govState Agencies for Enforcement Oversight•California Department of Health Care Services–Abuse recovery/treatment facilities (“SUD”)–Health Facilities•California Department of Social Services–Community Care Facilities–Residential Care Facilities for the Elderly Homes Subject to State Licensing RiversideCa.gov
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5 RiversideCa.govSUMMARY•Six or fewer residents = residential use of home. –Must be a permitted use in all residential zones in which a single-family residence is permitted. –No CUP required.Homes Subject to State Licensing RiversideCa.govSUMMARY•Seven or more residents = group home.–Subject to local zoning.–CUP required.–300-foot separation from other group homes. (RMC 19.315)–Maximum of 40 tenants. (RMC 19.315)Homes Subject to State Licensing9 10 5/23/2024
6 RiversideCa.govSUMMARY•The Code Enforcement Division maintains the right to enforce its codes to abate acts, omissions, or conditions, detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the City. Homes Subject to State Licensing RiversideCa.govSingle family residences occupied by a group of persons recovering from alcohol and/or drug dependencies who choose to live in a cooperative living arrangement and in an alcohol/drug free environment to maintain sobriety and stay clean.Sober Living Homes11 12 5/23/2024
7 RiversideCa.gov•Alcoholics and recovering drug addicts are deemed persons with disabilities under State and Federal law. •Persons with disabilities are entitled to live together in a family environment in a residential neighborhood. Sober Living Homes RiversideCa.gov
Treatment ProgressionState Licensed SUD Facility
$$$$Sober Living Home$$
Forever Home30 - 90 days6 monthsHappily Ever After
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8 RiversideCa.gov1. Unrelated people can live together as a family.Santa Barbara v. Adamson (1980) – Cal. Sup. Court•Adamson owned 10-bedroom house, lived with 11 unrelated adults, in violation of single-family residential zone ordinance. Ordinance defining family as two or more persons related by blood, marriage, or adoption, or a group not to exceed five other persons, violated Cal. Const. right to privacy. TWO RULES:
RiversideCa.gov2. Maximum Occupancy Determined by UHC.Briseno v. City of Santa Ana (1992) Briseno family of five lived in one-bedroom apartment.•New Santa Ana ordinance limited one-bedroom to four occupants. Brisenso family couldn’t afford a two-bedroom. Court ruled a city cannot lower occupancy below that authorized by Uniform Housing Code. UHC allows six people in typical one-bedroom apartmentTWO RULES:15 16 5/23/2024
9 RiversideCa.govEvery dwelling unit in this state is required to have at least 1 room with a minimum of 120 square feet floor area, other habitable rooms at least 70 square feet; any room for sleeping purposes increased by 50 square feet for each person in excess of two.Uniform Housing Code (HSC 17922) RiversideCa.govSmallest apartment: 120 square foot living room – 2 people. 70 square foot bedroom – 2 more people. Total of 4. Typical 1 bedroom apartment: 170 square foot living room (120 +50) – 3 people. 120 square foot bedroom(70 + 50) – 3 more people. Total of 6.Uniform Housing Code (HSC 17922)17 18 5/23/2024
10 RiversideCa.govLitigation•2013 – Newport Beach won in District Court, lost at 9thCircuit. Settled for $5.25 million and paid another $4 million in legal fees. –Ordinance would have removed sober living homes from most residential areas.Sober Living Homes RiversideCa.govLitigation•2016 – Costa Mesa won in District Court, 9thCircuit enjoined the ordinance, parties settled. –Ordinance requires 650-foot separation between sober living homes. Sober Living Homes 19 20
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11 RiversideCa.govCity of Riverside Definition(RMC Title 19 – Zoning)•Residential dwelling, structure or unit used for a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcohol and or drug abuse. Sober Living Homes RiversideCa.govRMC Sober Living Home Requirements1. All residents recovering from substance abuse. 2. All residents participate in legitimate programs (AA/NA) and keep attendance records. 3. Zero Tolerance policy for alcohol/drugs. 4. Written policy for alcohols/drugs. 5. No on-site services. (detox, treatment) AA/NA meetings are allowed. Sober Living Homes 23 24 5/23/2024
12 RiversideCa.govRMC Sober Living Home Requirements6. No more than one sex offender per facility.7. Residents do not require non-medical care. (Supervision, like for foster home.)8. Operators maintain current membership in a recognized non-profit organization of sober living homes. (Sober Living Network.)9. Comply with all applicable state and local laws. Sober Living Homes RiversideCa.gov1. Special Use Permit required. 2. Six or fewer clients. 24/7 manager.3. All garage and driveway spaces available for parking. 4. 650-foot separation from other facilities. 5. All clients participating in AA/NA or the like. Costa Mesa Ordinance25 26 5/23/2024
13 RiversideCa.gov1. Operator’s Permit required 6 or less; CUP for 7 or more residents. 2. All resident vehicles parked on site. 3. 800-foot separation from other facilities. 4. All clients participating in AA/NA or the like. Anaheim Ordinance RiversideCa.gov
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14 RiversideCa.gov•California’s Planning and Zoning Law (Gov. Code, § 65000 et al.) prohibits jurisdictions from engaging in discriminatory land use and planning activities. . .• Under the law, it is illegal to discriminate based on protected class such as race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability (including individuals in recovery for drug or alcohol abuse, whether or not they are actively seeking recovery assistance), veteran or military status, or genetic information.
RiversideCa.gov•The law further recites multiple categories of actions that are determined to be discriminatory, including: • Imposition of different requirements on a residential use by a protected class or by persons of very low, low, moderate, or middle income, other than those generally imposed upon other residential uses. (Gov. Code, §65008, subd. (d)(2)(A).) 29 30 5/23/2024
15 RiversideCa.gov•The proposed Zoning Code Amendment is problematic for the following reasons: • 3) Regulation of cars, traffic, noise, loitering, and overcrowding can be administered directly through the City’s existing laws. This approach applies universally and does not discriminate against persons with disabilities or persons or families with very low, low, moderate, or middle household incomes. • a. Population density can be regulated by reference to floor space and facilities. • b. Noise and morality can be regulated by enforcement of police power ordinances and criminal statutes. • c. Traffic and parking can be regulated by limitations on the number of cars (and applied evenly to all households) and by off-street parking requirements.
RiversideCa.gov•The proposed Zoning Code Amendment is problematic for the following reasons: • 5) Transitional and supportive housing regardless of size are by law “residential uses,” not quasi-residential, and may only be subject to the restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (c)(3).) Under state law, for instance, if the transitional or supportive housing is located in a single-family home, the city cannot require a use permit for the transitional or supportive housing unless it also generally requires a use permit for all other single-family homes. Likewise, unless all single-family homes are subject to an operator’s permit, such a permit cannot be required for transitional and supportive housing.231 32 5/23/2024
16 RiversideCa.gov•HCD reminds the City that California is experiencing a severe housing crisis and the availability of housing affordable to all income levels is of vital statewide importance. (Gov. Code § 65580.) • HCD recommends the City reject the Zoning Code Amendment and amend its current municipal code to ensure it adheres to the nondiscrimination requirements in Government Code section 65008.
RiversideCa.gov•State licensed provider for homeless women with mental health issues. 10 facilities; new one to be transitionalhousing.•Bought an 8-bedroom house in ritzy area. •Applied for CUP for 16 women. •City Council denied CUP.•Grandma sued, challenging CUP denial. Grandma’s House of Hope 33 34
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17 RiversideCa.gov
RiversideCa.gov
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18 RiversideCa.gov•“Todays ruling by the court is a victory for the state and should serve as a warning to other jurisdictions that discriminatory and NIMBY policies will not be tolerated” said Governor Gavin Newsom. •“Transitional homes are a critical tool to address the homelessness crisis on our streets and get people into housing. Communities stubbornly refusing to allow housing for all Californians will ultimately be held accountable.” RiversideCa.govSober Living Ordinance Jan 30, 20241. Permit required for sober living houses that are not a “single housekeeping unit”. –Live together long term; established ties to each other.–Share expenses.–Residents decide who lives in the house. 2. 650-foot separation from other sober living.City of Fountain Valley37 38 5/23/2024
19 RiversideCa.govWith concerns, disputes, and confusion continuing to grow, this Group Home Technical Advisory (Group Home TA) provides guidance on how state planning and zoning and fair housing laws apply when local governments attempt to regulate group homes through land use policies and practices.39 40 5/23/2024
20 RiversideCa.govIt is designed to help local governments comply with their obligations under these state laws, including, for example, the Planning and Zoning Law, Housing Element Law, AFFH provisions, Anti-Discrimination in Land Use Law, and the Fair Employment and Housing Act (FEHA) (collectively, state housing laws).
RiversideCa.govA. DEFINITIONS OF SINGLE HOUSEKEEPING UNITS OR SINGLE-FAMILY HOMESZoning ordinances sometimes attempt to restrict or limit group homes in single-family residential zones (e.g., R-1) through definitions of single housekeeping units or single-family homes. Overly restrictive definitions risk violating not only state housing laws, but the California Constitution’s protections.7. COMMON ISSUES IN LOCAL ORDINANCES THAT REGULATE GROUP HOMES41 42 5/23/2024
21 RiversideCa.govB. REQUIREMENTS THAT ALL GROUP HOMES WITH MORE THAN SIX RESIDENTS MUST OBTAIN PERMITS TO LOCATE IN SINGLE-FAMILY ZONES[CUP > 6 only applies to state licensedfacilities]7. COMMON ISSUES IN LOCAL ORDINANCES THAT REGULATE GROUP HOMES RiversideCa.govC. RETROACTIVE COMPLIANCED. SPACING REQUIREMENTS•The Legislature has found spacing requirements justified only for specific types of licensed facilitiesE. OCCUPANCY LIMITS AND BUILDING, FIRE, OR OTHER HEALTH AND SAFETY CODE REQUIREMENTS7. COMMON ISSUES IN LOCAL ORDINANCES THAT REGULATE GROUP HOMES43 44 5/23/2024
22 RiversideCa.govF. REQUIREMENTS FOR OPERATORS AND RESIDENTS•Imposing Special Parking Requirements on Group Homes.•Restricting Recovery Residence Occupants to Persons Actively Participating in Recovery Programs.•Restricting Occupancy Exclusively to Persons with Disabilities.7. COMMON ISSUES IN LOCAL ORDINANCES THAT REGULATE GROUP HOMES RiversideCa.gov
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23 RiversideCa.govDEFINITION•No definition under state or federal law.•As a result, local agencies develop their own definition compliant with state and federal disability discrimination laws.•Must be consistent with FHA.Sober Living Homes RiversideCa.govSUMMARY•The Code Enforcement Division maintains the right to enforce its codes to abate acts, omissions, or conditions, detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the City. Sober Living Homes 47 48
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24 RiversideCa.govDiscussion Residential Recovery Facilities and Group Homes: An Overview49