Planning and Building Agency
www.santa-ana.org/pb
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 19, 2025
TOPIC: Zoning Ordinance Amendment No. 2025-01, Ordinance Amendment No. 2025- 01, and a Resolution to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and to Establish a Group Home Special Use Permit Fee and an Operator’s Permit Fee
AGENDA TITLE
Public hearing - Zoning Ordinance Amendment No. 2025-01 and Ordinance Amendment No. 2025-01 to amend portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to Group Homes And Land Use Definitions and a Resolution to Amend the Miscellaneous Fees Schedule for the Fiscal Year 2025-2026 to Establish Planning and Building Agency Review Fees for Group Home Special Use Permit Applications and Group Home Operator’s Permit Applications Legal notice published in the OC Reporter on August 8, 2025.
RECOMMENDED ACTIONS
1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2025-01 and Ordinance Amendment No. 2025-01 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code (SAMC) relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions.
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA
MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS,
REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING
THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301(C)
2. Adopt a resolution to establish a Group Home Special Use Permit application review fee and a Group Home Operator’s Permit review fee.
RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ESTABLISHING FEES FOR A GROUP HOME SPECIAL USE PERMIT AND A GROUP HOME OPERATOR’S PERMIT
GOVERNMENT CODE §84308 APPLIES: No
ZOA No. 2025-01, OA No. 2025-01, and Fee Resolution (Group Home Ordinance and Group Home Special Use Permit and Operator’s Permit Fees) August 19, 2025
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EXECUTIVE SUMMARY
At its April 15, 2025 regular meeting, the City Council, with unanimous support, directed staff to draft an ordinance based on the Costa Mesa group home ordinance to establish local regulations for group homes for the Council’s consideration that are consistent with the Federal Fair Housing Act Amendments of 1988 (FFHA), the California Fair Employment Housing Act (FEHA), and recent caselaw. The proposed regulations will preserve the characteristics of residential neighborhoods, provide opportunities for the disabled to reside in a residential zone that is enjoyed by the non-disabled, and provide a broader range of housing opportunities to the disabled.
Planning Commission Action – June 23, 2025
On June 23, 2025, the Planning Commission held a public hearing for the project and voted 5:0:2, with Commissioners Leo and Ramos absent, to recommend that the City Council approve Zoning Ordinance Amendment (ZOA) No. 2025-01. The Planning Commission did not provide a recommendation on the proposed amendments to Chapter 8 nor on the proposed resolution to establish permit fees as they are not within the purview of the Commission.
DISCUSSION
The City of Santa Ana is proposing to amend portions of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 of the Santa Ana Municipal Code (SAMC) to establish a regulatory framework for the location, licensing, permitting, and operational requirements of group homes. The proposed amendment also includes modifications to definitions.
These amendments are intended to reflect current state and federal laws and implement best practices. In addition, the recommended actions include adoption of a resolution (Exhibit 2) establishing fees for Group Home Special Use Permits and Group Home Operator’s Permits.
The proposed ordinance, attached to this report (Exhibit 1), includes Zoning Ordinance Amendment No. 2025-01 and Ordinance Amendment No. 2025-01. Zoning Ordinance No. 2025-01 would amend Chapter 41 and Ordinance Amendment No. 2025-01 would amend Chapter 8 (Buildings and Structures) of the SAMC. Table 1 below and on subsequent pages illustrates key provisions of the proposed amendments to both Chapter 41 and Chapter 8.
Table 1: ZOA No. 2025-01 and OA No. 2025-01 Current and Proposed Text Regulations Item Existing Zoning Code
Regulations
Proposed Zoning Code Amendment
Definitions Group homes nor sober-
living homes are defined.
1. Sec. 41-66.5 defines group
homes.
2. Sec. 41-143.5 defines residential
care facilities.
ZOA No. 2025-01, OA No. 2025-01, and Fee Resolution (Group Home Ordinance and Group Home Special Use Permit and Operator’s Permit Fees) August 19, 2025
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Item Existing Zoning Code
Regulations
Proposed Zoning Code Amendment
3. Sec. 41-152.7 defines sober-living
homes.
4. Add and delete other definitions as
necessary to eliminate ambiguity
between uses.
Zoning Districts Group homes not
expressly listed as a
permitted use.
Table in new Group Home Article (Sec.
41-2401) expressly states what zoning
districts permit what types of group
home facilities:
1. 6 or Less: All zones where
single-family is permitted.
2. 7 or More: R2, R3, R4, and
SDs/SPs where multi-family is
permitted.
Permit Requirements No permit required for
group homes.
Sec. 41-2401 requires permits for
group homes by type:
1. Group Home Special Use
Permit Required: 6 or less
occupants. *
2. Conditional Use Permit
Required: 7 or more
occupants.
Sec. 8-3600 requires an Operator’s
Permit for group homes with 7 or more
occupants.
*Exception for state licensed facilities
with 6 or less occupants.
Separation Requirements No separation
requirement.
1. Sec. 41-2402(b) requires a 650-
foot separation between group
homes.
2. Sec. 41-2402(b) separation does
not apply to group homes with 6 or
less occupants in single-family
zones.
Sober-living Home Standards No applicable standards. Sec. 41-2402(b)(15) includes standards for sober-living facilities, in
addition to applicable group home
standards, related to active
participation in treatment, rules and
regulations to prohibit use of alcohol or
non-prescription drugs, limits on
occupants subject to the sex offender
registration, visitation policy, good
neighbor policy, and limits on services
provided.
Occupancy Limits No limits on occupancy. Sec. 41-2401 distinguishes between small (6 or less occupants) and large
(7 or more occupants) and zoning
districts where permitted and types of
permits required.
ZOA No. 2025-01, OA No. 2025-01, and Fee Resolution (Group Home Ordinance and Group Home Special Use Permit and Operator’s Permit Fees) August 19, 2025
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Item Existing Zoning Code
Regulations
Proposed Zoning Code Amendment
Operator Qualifications Not addressed. 1. Sec. 41-2402(e) places clear regulations and qualifications for
operators of small group homes.
2. Sec. 8-3600 et seq. places clear
regulations and qualification for
operations of large group homes.
Existing Homes Not addressed. 1. Sec. 41-2404 requires existing homes with 6 or less occupants to
apply for a Group Home Special
Use Permit within 90 days of
effective date.
2. Sec. 41-2405 requires existing
home with 7 or more occupants to
obtain an Operator's Permit within
120 days of effective date.
Reasonable Accommodation Not explicitly addressed. Sec. 41-2402(b)(16) expressly states that a reasonable accommodation
seeking relief from applicable
standards may be applied for (Sec. 41-
652, 41-653, 41-654, and 41-655).
Background
Like many other cities in California, Santa Ana has experienced a rise in the number of group homes within single-family residential neighborhoods. The proliferation of group homes has led to an increase in code enforcement complaints and calls for service from residents relating to impacts associated with such uses.
The FFHA and FEHA prohibit discrimination against individuals on the basis of race, color, religion, sex, national origin, family status and disability through zoning or other land use practices. Because of these laws, cities cannot develop zoning or land use regulations that would discriminate against individuals with disabilities. As defined by the FFHA and FEHA, persons with disabilities are individuals with mental or physical impairments that substantially limit one or more major life activities. Such disabilities include but are not limited to blindness, mobility impairment, mental illness, learning disabilities, and alcoholism and drug addiction.
Present Status in Santa Ana
The City’s ability to limit the impacts of group homes on the community are regulated by state and federal legislation. Current provisions of the SAMC do not clearly define group homes. In addition, the SAMC does not expressly identify or allow these uses; rather, the SAMC only specifies residential uses in general terms and such facilities have established in residential zones without any type of zoning permit approval. Because of this, the City’s Code Enforcement Division has encountered challenges in its efforts to regulate group homes. Furthermore, the City has witnessed an increasing amount of clustered group ZOA No. 2025-01, OA No. 2025-01, and Fee Resolution (Group Home Ordinance and Group Home Special Use Permit and Operator’s Permit Fees) August 19, 2025
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homes locating within the City’s residential neighborhoods that are functioning similarly to that of an institutionalized facility, which can disrupt the neighborhood character envisioned by the City’s General Plan.
Based on state and City data, 74 sober-living homes are estimated to be operating in Santa Ana, of which 11 are licensed facilities and 63 are suspected to be unlicensed facilities.
Because of their unlicensed status, the total number of these operations are not certain.
State Licensing and Requirements
The state has established a licensing system for certain group homes that provide certain type of care and supervision. These state licensed facilities are designed to accommodate individuals who may require 24-hour supervision but who do not need extensive medical care. These facilities provide services to a diverse group of individuals and vary in size and capacity. Such facilities include intermediate care facilities for the developmentally disabled, community care facilities, residential care facilities for the elderly, residential care facilities for the chronically ill, alcoholism and drug abuse facilities, pediatric day health and respite care facilities, residential health care facilities (including congregate living health facilities), family care homes, foster homes, and group homes for the mentally disordered or otherwise disabled persons or dependent and neglected children.
These types of licensed facilities are regulated by the Department of Social Services (DSS), Department of Health Care Services (DHCS), or Department of Public Health (DPH), which fall under the supervision of the Health and Human Services Agency (HHS) of the State of California. Each department has its own review and application process and such facilities are inspected annually.
State law makes it clear that cities cannot regulate state licensed group homes that provide care and services to six (6) or fewer individuals. In addition, cities cannot regulate living arrangements in which the occupants operate as a “single housekeeping unit.” Pursuant to state law, licensed group homes serving six or fewer persons and single housekeeping units shall be considered a residential use of property for zoning purposes. Licensed group homes and single housekeeping units must be treated like single-family residences for zoning purposes. Therefore, these types of facilities must be permitted in all residential zones in which single-family residences are allowed, with the same development and parking standards of a single-family residence. However, local jurisdictions do have the ability to regulate (subject to some state and federal limitations) unlicensed group homes of any occupant size and licensed group homes that care for seven (7) or more individuals.
Costa Mesa Group Home Ordinance
The City of Costa Mesa has successfully established a precedent for the regulation of group homes and sober-living facilities through its municipal ordinances, which include requirements for special or conditional use permits and a 650-foot separation distance.
These regulations faced significant legal scrutiny under the FFHA and the Americans with ZOA No. 2025-01, OA No. 2025-01, and Fee Resolution (Group Home Ordinance and Group Home Special Use Permit and Operator’s Permit Fees) August 19, 2025
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Disabilities Act (ADA), with challenges alleging discrimination against individuals with disabilities. However, the United States Court of Appeals for the Ninth Circuit, in The Ohio House, LLC v. City of Costa Mesa, ultimately affirmed Costa Mesa's ordinances. This ruling confirms that local jurisdictions can implement such regulations if they demonstrably benefit individuals with disabilities by fostering appropriate living environments, rather than solely imposing restrictions, and are not based on discriminatory intent. This outcome provides a critical framework and legal support for the City of Santa Ana as it proceeds with the proposed ordinance modeled after Costa Mesa's approach to regulate group homes and sober-living facilities within its residential neighborhoods.
Table 2 below and on the following page illustrates how key provisions in the proposed ordinance are consistent with the provisions in the City of Costa Mesa’s ordinance, thereby demonstrably benefiting individuals with disabilities by fostering appropriate living environments. Adopting an ordinance consistent with Costa Mesa's successfully litigated framework offers a legally sound approach, thereby enhancing the proposed ordinance's effectiveness in regulating group homes and sober-living facilities while mitigating future legal vulnerabilities for the City.
Table 2: Comparison to Costa Mesa’s Ordinance
Provision Costa Mesa Proposed Ordinance
Definitions
Defines group homes Yes Yes
Defines sober-living home Yes Yes
Defines integral uses Yes Yes
Defines boarding house Yes Yes
Land Use/Required Permit
Provides preferential treatment to group homes over
similar living arrangements to non-disabled (boarding
house-like arrangements)
Yes Yes
Distinguishes between large and small group homes (6
or less, and 7 or more occupants)
Yes Yes
Requires special use permit for group homes with 6 or
fewer occupants in single-family residential zones
Yes Yes
Requires special use permit for group home with 6 or
fewer occupants in multiple-family residential zones
Yes Yes
Requires conditional use permit for group homes with 7
or more occupants in limited zones
Yes Yes
Requires operator’s permit for group homes with 7 or
more occupants
Yes Yes
Prohibits group homes with 7 or more occupants in
single-family zones
Yes Yes
Prohibits integral facilities Yes Yes
Operational and Development Standards
Separation requirement for group homes with 6 or
fewer occupants in single-family zones
No No
Separation requirement for sober-living homes with 6
or fewer occupants in single-family zones
Yes (650 ft) Yes (650 ft)
ZOA No. 2025-01, OA No. 2025-01, and Fee Resolution (Group Home Ordinance and Group Home Special Use Permit and Operator’s Permit Fees) August 19, 2025
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Provision Costa Mesa Proposed Ordinance
Separation requirement for group homes with 6 or
fewer occupants in non-single-family zones
Yes (650 ft) Yes (650 ft)
Separation requirement for group homes with 7 or
more occupants in multiple-family zones
Yes (650 ft) Yes (650 ft)
House manager required for group home Yes Yes
Group home use is required in both primary dwelling
and ADU, when present
Yes Yes
Parking restriction Yes (500 ft) Yes (500 ft)
48-hour notice prior to eviction Yes Yes
Prohibits “care and supervision” Yes Yes
Property owner written approval Yes Yes
Additional requirements for sober-living home (i.e.,
Good Neighbor Policy)
Yes Yes
General Plan Consistency
ZOA No. 2025-01 and OA No. 2025-01 are consistent with various goals and policies of the General Plan. Specifically, these actions are consistent with Housing Element (HE) Goal 2 (a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana’s residents and workforce of all household types, income levels, and age groups to foster an inclusive community), Policy HE-2.5 (diverse housing types), HE Goal 4 (adequate rental and ownership housing opportunities and supportive services for seniors, people with disabilities, families with children, and people experiencing homelessness), Policies HE-4.3 and HE-4.7 (provide housing for disabled people to live independent lives and provide regulatory oversight), Community Element (CE) Policy CM-
3.2 (support the creation of healthy neighborhoods), Land Use Element (LU) Policy LU-
1.1 (foster compatibility between land uses to enhance livability and promote healthy lifestyles), Policy LU-4.6 (support diverse housing types that promote a healthy environment), and Policy LU-4.7 (promote mixed housing types to create inclusive communities).
Group Home Special Use Permit and Operator’s Permit Application Review Fees Miscellaneous Fees are intended to recover the City’s costs associated with delivering the corresponding services and, in accordance with state law, cannot exceed the City’s actual costs in delivering said service.
With the adoption of ZOA No. 2025-01, the City would require unlicensed group homes with six or fewer occupants to obtain a newly established Group Home Special Use Permit. In addition, with the adoption of OA No. 2025-01, the City would require group homes with seven or more occupants to obtain a newly established Group Home Operator’s Permit.
Neither of these permits were contemplated in the Fiscal Year 2025-2026 Miscellaneous Fees Schedule and the Planning and Building Agency is proposing to establish a new Group Home Special Use Permit application fee of $4,565 and a new Group Home Operator’s Permit application fee of $3,310.
ZOA No. 2025-01, OA No. 2025-01, and Fee Resolution (Group Home Ordinance and Group Home Special Use Permit and Operator’s Permit Fees) August 19, 2025
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ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance (“Project”) is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. The Project is also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility the ordinance will have a significant effect on the environment. The amendments provide definitions and standards to regulate the location, operation, and licensing of group homes and do not authorize new development or changes in density or intensity of land use. Moreover, the Project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. This exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The Project merely establishes administrative and land use oversight procedures for group homes already operating or proposed within existing residential structures, and will not expand the existing use. None of the exceptions to the use of categorical exemptions identified in CEQA Guidelines Section 15300.2 apply to the Class 1 exemptions or this ordinance. Specifically, the Project will not result in cumulative impacts, will not affect any scenic or historic resources, and will not involve unusual circumstances leading to a significant impact.
FISCAL IMPACT
Adoption and implementation of the ordinance requires the adoption of new fees to allow the City to recover the staff time required for administering the proposed new regulations.
City departments required to develop and administer the regulations include:
•Planning and Building Agency (Administrative Services, Code Enforcement, and Planning divisions)
•Information Technology
•City Attorney’s Office
The proposed ordinance has a net neutral fiscal impact, as the passage of the ordinance would generate fiscal impacts to the City in the form of additional expenditures offset by new revenues. Based on best available data for the 74 existing known and suspected residential care and group home facilities, staff estimates one-time permit revenues of approximately $358,000 and approximately $17,000 in total annual permit revenues thereafter. Such revenues recover the City’s costs associated with equipment, materials, and personnel.
Existing permit fees include those for processing Conditional Use Permit, Environmental Review, and Development Project Review applications. The new aforementioned Planning and Building Agency fees are intended to recover the full cost associated with reviewing Group Home Special Use Permit and Group Home Operator’s Permit applications.
ZOA No. 2025-01, OA No. 2025-01, and Fee Resolution (Group Home Ordinance and Group Home Special Use Permit and Operator’s Permit Fees) August 19, 2025
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EXHIBITS
1. Ordinance
2. Fee Resolution
3. June 23, 2025 Planning Commission Staff Report and Exhibits
4. Copy of Public Hearing Notice
Submitted By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager