HomeMy WebLinkAbout03-13-18 CC RPT 03CITY OF
IIVER.SIDE
City 0J Arts &Innovation
City Council Memorandum
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: MARCH 13, 2018
FROM: CITY ATTORNEY
WARDS: ALL
SUBJECT: WORKSHOP ON RESIDENTIAL RECOVERY FACILITIES AND
GROUP HOMES
ISSUE:
To receive a presentation from staff on residential recovery facilities and group homes.
RECOMMENDATION:
That the City Council receives staff's presentation.
BACKGROUND:
There is a complex legal framework for regulating congregate living facilities in California. This
Memorandum addresses the legal regulations applicable to many of the more prevalent types
of group housing in California.
A city's ability to regulate land uses is not unfettered. Cities are prevented from enacting local
zoning ordinances directed at state licensed residential care and living facilities serving six or
less residents (or more generally "group homes") and sober living homes. These must be treated
as single-family dwellings. This includes a prohibition against any conditional use permit, zoning
variance, or other discretionary action that is not required of a single family dwelling in the same
zone. Furthermore, federal and state fair housing laws further restrict the ability of local
government with regards to group homes and supportive housing.
Where a city's zoning code illegally singles out and treats housing for persons with disabilities in
an adverse manner, there is intentional discrimination. To prove discriminatory intent, an
individual need only show that disability was one of the factors considered by the city or county
in making a land use or zoning decision. Oxford House -C v. City of St. Louis, 843 F. Supp. 1566
(E.D. Mo. 1994). Additionally, where a zoning code or practice has a disparate impact on people
with disabilities, there is disparate impact discrimination. Federal case law has established that
a federal fair housing law violation may be proven through a "disparate impact" while California
law has established that a liability can be established on the basis of "discriminatory effect."
(Government Code Section 12955.8(b); Broadmoor San Clemente Homeowners v. Nelson,
(2004) 25 Cal. App. 4th 1.
WORKSHOP ON RESIDENTIAL RECOVERY FACILITIES AND GROUP HOMES.
• Page 2
Cities have greater authority to regulate quasi -commercial living arrangements in residential
zones where no services are being provided and such regulations are enacted without regard to
or discriminating against the protected class of the residential occupants. This would include
non -licensed group homes and illegal boarding houses masquerading as sober living homes. In
the event of quality of life issues, as with violations at any other single family residence, the City
may use its code enforcement tools to require corrections, prosecute violations, and obtain
injunctions.
LEGAL FRAMEWORK:
FAIR HOUSING LAWS
All regulations and actions must comply with state and federal fair housing laws. These include
the California Fair Employment and Housing Act (Government Code Section 12900 et seq., the
federal Fair Housing Amendments Act (42 U.S.C. Section 3601 et seq.), and the American with
Disabilities Act (42 U.S.C. Section 12101, et seq.). "Disabilities" include, drug addiction and
alcoholism.
Section 12955(1) of the California Government Code, states that it is unlawful to:
". . .discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
sexual orientation, familial status, marital status, disability, national
origin, source of income, or ancestry. Discrimination includes, but is
not limited to, restrictive covenants, zoning laws, denials of use
permits, and other actions authorized under the Planning and Zoning
Law ... that make housing opportunities unavailable."
The legislative history of the federal housing amendments, at House Report No. 100-711, 100th
Cong 2d Sess. 24, states:
"742 U.S.C.] Section 3604(f) (2)] is intended to prohibit restrictive
covenants ... which have the effect of excluding, for example,
congregate living arrangements for persons with [disabilities].
"Another method of making housing unavailable to people with
disabilities has been the application or enforcement of otherwise
neutral rules and regulations on ... land use in a manner which
discriminates against people with disabilities ... These and similar
practices would be prohibited."
WORKSHOP ON RESIDENTIAL RECOVERY FACILITIES AND GROUP HOMES.
• Page 3
FACILITIES HOUSING SIX OR FEWER RESIDENTS
Community Care Facilities
In 1973, California enacted what is known as the Community Care Facilities Act (Health and
Safety Code Section 1500, et seq.). This Act was created due to the urgent need to establish a
statewide system of quality, licensed community care for the mentally ill, developmentally and
physically disabled, and socially dependent children and adults. (McCaffrey v. Preston (1984)
154 Cal.App. 3d 422, 429)
A community care facility, under Health and Safety Code Section 1502(a) is defined as:
"... any facility, place, or building that is maintained and operated to
provide nonmedical residential care, day treatment, adult day care,
or foster family agency services for children, adults, or children and
adults, including, but not limited to, the physically handicapped,
mentally impaired, incompetent persons, and abused or neglected
children ... "
These facilities include a residential facility, which is defined as:
"... any family home, group care facility, or similar facility determined
by the director, for 24-hour nonmedical care of persons in need of
personal services, supervision, or assistance essential for sustaining
the activities of daily living or for the protection of the individual."
Under the Community Care Facilities Act, a local government's ability to regulate residential
facilities is restricted (Health and Safety Code Section 1566 et seq.):
"Whether or not unrelated persons are living together, a residential
facility which serves six or fewer persons shall be considered a
residential use of property. . . .In addition, the residents and
operators of such a facility shall be considered a family for the
purposes of any law or zoning ordinance which relates to the
residential use of property pursuant to this article.
No conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential facility which serves six
or fewer persons which is not required of a family dwelling of the
same type in the same zone."
Group Homes for Persons with Intellectual or Physical Disabilities
Other similar group homes which do not fall under the Community Care Facilities Act have similar
provisions and restrictions against local regulations. Group homes for persons with cognitive or
physical disabilities (Welfare and Institutions Code Section 5000 et seq.) are such homes. Under
Section 5115 of the Welfare and Institutions Code, the legislature determined that it was the
policy of the state that persons with intellectual and physical disabilities are entitled to live in
WORKSHOP ON RESIDENTIAL RECOVERY FACILITIES AND GROUP HOMES.
• Page 4
normal residential surroundings and should not be excluded therefrom because of their disability.
The law further clarifies that the use of property for the care of six or fewer "is a residential use
of such property for the purposes of zoning." Section 5116 of the Welfare and Institutions Code
also confirms that such a use is a permitted use in all residential zones.
Elderly Care Facilities
Elderly care facilities, serving six or fewer, are regulated by Section 1569.85 of the Health and
Safety Code, which states that:
"(A] residential care facility for the elderly which serves six or fewer
persons shall be considered a residential use of property for this
article. In addition, the residents and operators of the facility shall be
considered a family for the purposes of any law or zoning ordinance
which relates to the residential use of property pursuant to this article
No conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential care facility for the elderly
which serves six or fewer persons which is not required of a family
dwelling of the same type in the same zone."
Alcohol and Drug Abuse Recovery or Treatment Facilities
Alcohol and/or drug abuse recovery or treatment facilities are regulated under the Health and
Safety Code beginning with Section 11834.01. Section 11834.20 deals directly with local
governments. Said section states:
"The Legislature hereby declares that it is the policy of this state
that each county and city shall permit and encourage the
development of sufficient numbers and types of alcoholism or drug
abuse recovery or treatment facilities as are commensurate with
local need.
The provisions of this article apply equally to any chartered city,
general law city, county, city and county, district, and any other local
public entity.
For the purpose of this article, 'six or fewer persons' does not include
the licensee or members of the licensee's family or persons
employed as facility staff."
These facilities also prohibit local regulation. Section 11834.23 states:
"Whether or not unrelated persons are living together, an
alcoholism or drug abuse recovery or treatment facility which serves
six or fewer persons shall be considered a residential use of property
for the purposes of this article. In addition, the residents and
operators of such a facility shall be considered a family for the
WORKSHOP ON RESIDENTIAL RECOVERY FACILITIES AND GROUP HOMES.
• Page 5
purpose of any law or zoning ordinance which relates to the
residential use of property pursuant to this article.
No conditional use permit, zoning variance, or other zoning
clearance shall be required of an alcoholism or drug abuse recovery
or treatment facility which serves six or fewer persons that is not
required of a single-family residence in the same zone."
Of interest as to the occupancy of these alcohol/drug facilities is the definition of an adult. Health
and Safety Code Section 11834.02(b) defines an adult as a mother and their children. Children
are not counted separately from their mothers.
Of further note is that alcohol and drug residential homes do not have to be licensed if they do
not have onsite treatment. The difference is that licensed facilities are allowed to have onsite
treatment. Treatment includes individual and group counseling, educational sessions, recovery
or treatment planning, etc. Unlicensed facilities are allowed to exist but are not allowed to
conduct any such treatment. Licensed facilities are also regulated by the state and are subject
to the state's rules and regulations.
Health Facilities
The state also licenses a variety of residential health care facilities. These including the following:
• Congregate Living Health Facilities, which included impatient care for terminally ill,
ventilator dependent, or catastrophically or severely disabled. (Health and Safety Code
Section 1250(i))
• Intermediate Care Facilities, which includes intermediate nursing care. (Health and
Safety Code Section 1250(e))
• Pediatric Day Care and Respite Care, which includes providing quality care to medically
fragile and terminally ill children and their families. (Health and Safety Code Section 1760
et seq.)
OVERCONCENTRATION
The California legislature recognized that the clustering of group homes can change the
character of a residential neighborhood. Because of the potential for overconcentration of
community care facilities, Health and Safety Code Section 1520.5 addresses this issue:
"(a) The Legislature hereby declares it to be the policy of the state
to prevent overconcentrations of residential care facilities which
impair the integrity of residential neighborhoods. Therefore, the
director shall deny an application for a new residential care facility
license if the director determines that the location is in proximity to
an existing residential care facility that would result in
overconcentration.
WORKSHOP ON RESIDENTIAL RECOVERY FACILITIES AND GROUP HOMES.
• Page 6
(b) As used in this section, "overconcentration" means that if a new
license is issued there will be residential care facilities which are
separated by a distance of 300 feet or less, as measured from any
point upon the outside walls of the structures housing those facilities.
Based on special local needs and conditions, the director may
approve a separation distance of less than 300 feet with the approval
of the city or county in which the proposed facility will be located."
NOTE: The above code section does not apply to residential care facilities for the elderly, croup
homes for persons with disabilities, or to alcohol and drua treatment facilities. There are no
statutes or regulations which prevent several of these facilities from locating on the same block.
However, in the Riverside Municipal Code at Chapter 19.64.040(S)(2)(g), the separation is 5000
feet between transitional shelter/housing for adult parolees or probationers.
UNLICENSED FACILITIES HOUSING MORE THAN SIX RESIDENTS
Sober Living Homes
Sober living homes are transitional living arrangements, which do not and cannot provide any
recovery, treatment or detoxification services to those recovering from alcohol or drug abuse.
Sober living homes are not subject to any state licensing regulations and may be regulated by
local agencies consistent with federal Fair Housing laws.
Under Riverside Municipal Code Chapter 19.910.020, a sober living home is defined as a
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.
Under this code section, a sober living home demonstrates the following identifying
characteristics:
"1. All residents, including live-in managers, operators, or owners,
are recovering from alcohol and/or drug abuse;
2. All residents actively participate in legitimate programs, including,
but not limited to, Alcoholics Anonymous (AA) or Narcotics
Anonymous (NA) programs, and maintain current records of meeting
attendance;
3. All owners, managers, operators, and residents observe and
promote a "zero tolerance" policy regarding the consumption or
possession of alcohol and controlled substances, except for
prescription medications obtained and used under direct medical
supervision;
4. There is a written policy dealing with the use of drugs or alcohol;
5. Owners, operators, managers and residents do not provide on-site
any of the following services...:
a. detoxification;
b. educational counseling;
c. individual or group counseling sessions;
d. treatment or recovery planning;
e. treatment or recovery planning.
WORKSHOP ON RESIDENTIAL RECOVERY FACILITIES AND GROUP HOMES.
• Page 7
6. The number of residents 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;
7. Residents do not require non-medical care and/or supervision...;
8. The operators and/or residents maintain current membership in a
recognized nonprofit organization of sober living homes that provide
a credible quality assurance service for applicants or members or
have received a sober living home certification...; and
9. Owners, managers, operators, and residents ensure that the
property and its use comply with all applicable state and local laws."
Parolee/Probationer Homes
Parolee and Probationer homes are not subject to state licensing requirements but are regulated
by a number of cities. They require either minor conditional use permits or conditional use
permits, and are defined in Riverside Municipal Code Section 19.910.170 as follows:
"Any residential structure or unit, including any hotel or motel
except as provided herein, whether owned and/or operated by an
individual or for-profit or non-profit entity, that houses two or more
parolees/probationers, unrelated by blood, marriage, or legal
adoption, in exchange for monetary or non -monetary consideration
given and/or paid by the parolee/probationer and/or any individual or
public/private entity on behalf of the parolee/probationer, excluding
parolees/probationers who reside in alcohol and/or drug free
recovery home as defined in this Title. Notwithstanding this definition
or any other provision of the Riverside Municipal Code, hotels and
motels with fourteen rooms or less cannot provide transient lodging
services or accommodations to more than three parolees during any
thirty consecutive -day period regardless of the length of their
respective stays; and hotels and motels with fifteen rooms or more
cannot provide transient lodging services or accommodation to more
than five parolees during any thirty consecutive -day period
regardless of the length of their respective stays."
FACILITIES HOUSING MORE THAN SIX RESIDENTS
Local governments may establish zoning regulations upon facilities housing more than six
residents. The Riverside Municipal Code, specifically Title 19, provides for such regulation.
Section 19.04.162 defines group housing as:
"'Group housing' means any living situation including motels and
hotel buildings that are not for temporary use, that accommodates
more than six unrelated individuals, and may include but not be
limited to the following types of facilities: (1) alcohol and drug
treatment facilities; (2) board and care homes for the elderly including
convalescent or rest homes and nursing homes; (3) homes for minor
children; (4) homes for mental patients; (5) homes for the
WORKSHOP ON RESIDENTIAL RECOVERY FACILITIES AND GROUP HOMES.
• Page 8
developmentally disabled; (6) transitional shelter/housing for
homeless persons; (7) transitional shelter/housing for parolees or
probationers; and (8) single -room occupancy (SRO) projects. Group
housing would typically involve a living arrangement where either
support services are provided to the occupants, where cooking, living
or support sanitary facilities are shared in common between the
occupants or where there is a formal program establishing rules of
conduct and purpose of the facility."
Fraternity houses are defined at Section 19.04.145 of the Riverside Municipal Code as follows:
"'Fraternity house or sorority house' means a building rented,
occupied or owned by a general or local chapter of some regularly
organized college fraternity or sorority or by or on its behalf by a
building corporation or association composed of members or alumni
thereof, and occupied by members of the local chapter of such
fraternity or sorority as a place of residence."
The above defined group housing and fraternity houses may be allowed within certain zones of
the City, subject to the granting of a conditional use permit. In connection with the issuance of
a conditional use permit for group housing, Section 19.064.040(S) of the Riverside Municipal
Code requires additional information and restrictions. Some of that information includes the
client profile of the facility (i.e. minor children, families, parolees), maximum number of
occupants, staffing, rules of the facility, and term of stay. The code also sets for development
standards and site location criteria.
In regard to all of the various group homes, fraternity houses, and the like, parking is regulated
by the Riverside Municipal Code at Chapter 19.74. Depending on the type of the structure,
whether it is a single-family residence or multiple family, fraternity house, motel, etc., will depend
on the number of parking spaces required. The number of cars allowed will depend on the
particular site and the area designated for parking. Again, Chapter 19.74 goes into specific detail
regarding the parking of vehicles in the front and side landscaped yards, the number of parking
spaces to be provided, and the standards for the parking spaces.
As for the number of occupants in any given home, there are currently no regulations as to the
number allowed. This is inclusive of the California Uniform Building Code and Uniform Fire
Code. Because these homes are not commercial structures, the uniform codes do not have
applicable occupancy limits.
REASONABLE ACCOMMODATIONS
Cities have an affirmative duty to provide reasonable accommodation in land use and zoning
rules, policies, practices and procedures where it may be necessary to provide individuals with
disabilities equal opportunity in housing. Flexibility in applying land use and zoning regulations
(including in some instances waiving certain restrictions or requirements) may necessary when
it is determined to be "reasonable" based on fair housing laws and case law interpreting
applicable statutes.
WORKSHOP ON RESIDENTIAL RECOVERY FACILITIES AND GROUP HOMES.
• Page 9
FISCAL IMPACT:
There is no fiscal impact in receiving staff's presentation.
Prepared by: Gary G. Geuss, City Attorney
RiversideCA.gov
r _
ITY OF
IVERSIDE
Residential Recovery Facilities
and Group Homes: An Overview
Office of the City Attorney
Public Safety Division
City Council
March 13, 2018
2/27/2018
RiversideCA.gov
w
Group Home Categories
✓ 1. Homes Subject to State Licensing
✓2. Sober Living Homes
✓3. Homes not subject to state licensing and whose
occupants are not within a protected class.
A(.1(i
ITA
2
1
2/27/2018
Homes Subject to State Licensing
1. Abuse Recovery/Treatment Facilities
A. 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 1 1834.02)
B. Incidental medical services (monitoring health status) allowed.
Homes Subject to State Licensing
RiversideCA.gov
2. Community Care Facilities
Provide 24 hour non-medical residential care to children and adults
with disabilities who are in need of personal services, supervision,
4/%
and/or assistance with activities essential for daily living.
(H&S Code Section1502).
3. "Assisted Living" or "Board and Care" (for persons 60
years of age or older)
(H&S Code Section1569.5)
ASSISTED
LIVING
RiversideCA.gov
2
Homes Subject to State Licensing
v
Home
4. Health Facilities Health
A. The state also licenses a variety of residential health care facilities.
B. Examples:
i. Congregate Living Health Facilities - Impatient care for terminally ill,
ventilator dependent, or catastrophically or severely disabled. (H&S Code
Section 1250(i))
ii. Intermediate Care Facilities - Intermediate nursing care. (H&S Code
Section 1250(e))
iii. 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.)
RiversideCA.gov
Homes Subject to State Licensing
1. Primary purpose to move people out of institutions and into
"normal" family -like surroundings
2. Not subject to local regulations relating to zoning (i.e.,
CUPs), business taxation, or local licensing if serving six or
fewer residents.
3. These homes are subject to local regulation that applies to
residential use of property in the same zone.
RiversideCA.gov
2/27/2018
3
2/27/2018
Homes Subject to State Licensing
Overconcentration of Community Care Facilities.
1. The state must submit any facility application to the city where the
facility will be located. (H&S Code Sectionl520.5)
2. City may ask that license be denied based on overconcentration.
A. 300 feet from an existing facility.
B. Separation requirements only apply to facilities with the same kind of
license.
C. Does not apply to foster homes and residential facilities for the elderly.
D. Does not apply to Abuse Recovery/Treatment Facilities
SB -786 (Mendoza 2017) would make it 300 feet.
R]VEPS[I?E
7
RiversideCA.gov
Nit Homes Subject to State Licensing
State Agencies for Enforcement Oversight
Agencies for Enforcement Oversight
OHCS
1. California Department of Health Care Services in
A. Abuse recovery/treatment facilities
B. Health Facilities
2. California Department of Social Services
A. Community Care Facilities
B. Residential Care Facilities for the Elderly
lealthCareServices
CA L1 FUH,1.A
DEPARTME'T OF
R]VER IDE
RiversideCA.gov
4
soil,. Mean FAO
Homes Subject To State Licensing
` 'r 4116,te
CDSS -
S.00IAL SERVICES _--
! 1
Q�- Download Data
Facility Defall
HARVEST SAFE HAVEN FOR BOYS gray updated i
Addrtas:
see FOOS
LIcensoe. Norio I-IARWEST SAFE HAVEN FOR BOYS
Phone: See FACIs
Feed,. NumAer. 3,A:wog
Facility 6
Capacity:
Facility Type: CROUP NONE
State !jeer eing ONice Gordnct Inlmnraiton 0
Ai907653: 3797 NIMN ST, SLATE 6.1
rimrsmor
Phone: [9511782,207
Back 'New Search) 7ei-
visas I MIMI.s
xis' Vont,
AI,. laate9
scala Drrdea
11mrrm IT. 08 i6,2n+a 07.1,2,7. orioTrmlr. 054.0320 .0,28rzo17. owmrsal7, os�ocl2alr.
AN reds include' Impemen Voito'Wrier on. and may mdse co plasm note
Glossary
1M1ie is Cllriy Where
Can I get me an awen?pv
heSluea ere repularedtln Gl17i N? e
O wny edea It :now -red dace do nie-Ter a
wna. odes Pending" Statins mean,
o what does -LIcLOISe Suspended- mean
o What does -Prob.., mean,'
d what la a lYpe A Cda4vne
Neta a ayp. stmts.,
o wna.Ia m. F]LWII* a awasen Repan,
o Why caul I Red Facility Praised.. Rec6,t
prier ee April M. 2dld,
o wna. Is me mmGlaine invesepa.wn Repel,
4- Why caul
Saporta prier ...l and, 11.t2d167ngptivn
0 VI/11.1S dIlleranee mom. an
•Innenclosbor and an .onsubmandatad,
COrnOtaInt
Homes Subject to State Licensing
9
RiversideCA.gov
SUMMARY
Six or fewer residents = residential use of home.
1. Must be a permitted use in all residential zones in
which a single family residence is permitted.
2. No CUP required.
2/27/2018
10
RiversideCA.gov
5
RiversideCA.gov
Rivexscn£
RiversideCA.gov
Homes Subject to State Licensing
SUMMARY
Seven or more residents = group home.
1. Subject to local zoning.
2. CUP required.
3. 300 foot separation from other group homes.
4. Maximum of 40 tenants.
11
2/27/2018
Homes Subject to State Licensing
SUMMARY
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.
e;f,
12
6
Sober Living Homes
Typically single 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 Homes
RiversideCA.gov
1. Alcoholics and recovering drug addicts are deemed
persons with disabilities under State and Federal law.
2. Persons with disabilities are entitled to live together in
a family environment in a residential neighborhood.
2/27/2018
14
RiversideCA.gov
7
2/27/2018
Sober Living Homes
STATE LAW
1. Not subject to local zoning, business taxation or licensing
regulations.
2. Gov't Code 12955 (FEHA) --- "It shall be unlawful... to
discriminate through public or private land use
practices, decisions, and authorizations because of ...
disability .... Discrimination includes, ... zoning laws,
denial of use permits,... that make housing opportunities
unavailable."
IUVERSID£
Sober Living Homes
15
RiversideCA.gov
FEDERAL LAW
The Federal Fair Housing Act broadly prohibits
discrimination against people with disabilities with
regard to the availability of housing. Additionally, the
Act places an affirmative responsibility on local
governments to provide a "reasonable
accommodation" to housing for people with
disabilities, usually in the form of a zoning change
where necessary.
16
RiversideCA.gov
8
Sober Living Homes
Litigation
2013 - Newport Beach won in District Court, lost at 9th Circuit.
Settled for $5.25 million and paid another $4 million in legal
fees.
Ordinance would have removed sober living homes from most
residential areas.
R[VEP IDE
t Id -11
Exclusive ocean -front rehi3
Sober Living Homes
Litigation
17
RiversideCA.gov
2016 - Costa Mesa won in District Court, 9th Circuit
enjoined the ordinance, parties settled.
Ordinance requires 650 foot separation between sober living homes.
2/27/2018
PjVEP�SIDE
RiversideCA.gov
9
2/27/2018
Sober Living Homes
Attempted Federal Regulation
H.R. 472 Safe Recovery and Community Empowerment
Act (introduced 2017) would amend the Fair Housing
Act to allow state and local regulation of residential
recovery facilities (sober living homes).
Sober Living Homes
H.R. 472
RiversideCA.gov
1 Would require a reasonable minimum distance
between residential recovery facilities within a
residential zone if necessary to preserve the residential
character of the area; and
2. Would require facilities obtain an operating
license/permit or satisfy a set of consumer protection
standards, which may include a maximum capacity.
20
RiversideCA.gov
10
2/27/2018
Sober Living Homes
Failed State Legislative Bills
1 Since 1998, 26 Bills submitted seeking to regulate sober
living homes.
A. Most required State licensing of sober living homes.
B. Some required certification from an recognized organization (Sober
Living Network).
2. All died in committee or vetoed by Governor.
ER.i I DE
21
RiversideCA.gov
Sober Living Homes
Examples of Failed Legislative Bills
Would have:
1. required courts to refer persons to a sober living facility only if it
was certified as provided in the bill;
2. required facility owners that serve more than six persons to notify
local law enforcement;
3. required denial of application for alcohol recovery or treatment
facilities if the location was within 300 feet of an existing facility
and would result in over -concentration;
4. defined a "sober living home" consistent with the RMC; or
5. required an alcohol or recovery treatment facility licensee to
report specified events or incidents, including the death of a
resident, within one working day.
R]VEZS[DE
22
RiversideCA.gov
11
RiversideCA.gov
Rivexscn£
RiversideCA.gov
Sober Living Homes
Failed Legislative Bills
AB 285 (Melendez) died in committee 1/31/18. Would
have defined sober living homes and required
certification by an approved organization.
23
2/27/2018
Sober Living Homes
DEFINITION
1. No definition under state or federal law.
2. As a result, local agencies develop their own definition
compliant with state and federal disability
discrimination laws.
3. Must be consistent with FHA.
1
Sober
Living
Houses ,�
24
12
Sober Living Homes
City 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.gov
RMC Sober Living Home Requirements
1. 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.
2/27/2018
26
RiversideCA.gov
13
Sober Living Homes
RMC Sober Living Home Requirements
6. 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.
27
RiversideCA.gov
Other Non -Licensed Group Homes
Parolee/Probationer House
(RMC 19.350)
1. Houses 2 or more probationers/parolees.
2. MCUP or CUP required.
3. 1,000 foot separation from other group homes.
4. 5,000 foot separation from other parole/probation
homes.
5. Excludes Sober Living Homes. (Inmates must be
recovering addicts.)
2/27/2018
28
RiversideCA.gov
14
LEGAL AUTHORITY
JURISDICTION
LIMITED
TO SIX?
SEVEN OR
MORE?
Group Homes
Health & Safety Code Sections
11834.01 -Alcohol/Drug Facilities
1500 - Community Care Facilities
1569.5 - Assisted Living
1250, 1760, etc. - Health Facilities
STATE
(6 or less)
CITY
(7 or more)
YES
By right.
CUP
applies
Sober Living Homes "Recovering alcoholics" are persons CITY NO PERMITTED
with disabilities. The law prohibits
housing discrimination and requires
"reasonable accommodations."
Parolee/Probationer
Homes
2/27/2018
Summary
FACILITY TYPE
CUP
applies.
Riverside Municipal Code, Title 19
Riverside Municipal Code § 19.350
CIYT
MCUP
required.
RiversideCA.gov
Residential Recovery Facilities and
Group Homes: An Overview
Discussion
30
RiversideCA.gov
15