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ZOA No. 2025-01, OA No. 2025-01, and Fee Resolution (Group Home Ordinance and <br />Group Home Special Use Permit and Operator’s Permit Fees) <br />August 19, 2025 <br />Page 5 <br />5 <br />2 <br />0 <br />9 <br />homes locating within the City’s residential neighborhoods that are functioning similarly to <br />that of an institutionalized facility, which can disrupt the neighborhood character envisioned <br />by the City’s General Plan. <br />Based on state and City data, 74 sober-living homes are estimated to be operating in Santa <br />Ana, of which 11 are licensed facilities and 63 are suspected to be unlicensed facilities. <br />Because of their unlicensed status, the total number of these operations are not certain. <br />State Licensing and Requirements <br />The state has established a licensing system for certain group homes that provide certain <br />type of care and supervision. These state licensed facilities are designed to accommodate <br />individuals who may require 24-hour supervision but who do not need extensive medical <br />care. These facilities provide services to a diverse group of individuals and vary in size and <br />capacity. Such facilities include intermediate care facilities for the developmentally disabled, <br />community care facilities, residential care facilities for the elderly, residential care facilities <br />for the chronically ill, alcoholism and drug abuse facilities, pediatric day health and respite <br />care facilities, residential health care facilities (including congregate living health facilities), <br />family care homes, foster homes, and group homes for the mentally disordered or otherwise <br />disabled persons or dependent and neglected children. <br /> <br />These types of licensed facilities are regulated by the Department of Social Services (DSS), <br />Department of Health Care Services (DHCS), or Department of Public Health (DPH), which <br />fall under the supervision of the Health and Human Services Agency (HHS) of the State of <br />California. Each department has its own review and application process and such facilities <br />are inspected annually. <br />State law makes it clear that cities cannot regulate state licensed group homes that provide <br />care and services to six (6) or fewer individuals. In addition, cities cannot regulate living <br />arrangements in which the occupants operate as a “single housekeeping unit.” Pursuant to <br />state law, licensed group homes serving six or fewer persons and single housekeeping <br />units shall be considered a residential use of property for zoning purposes. Licensed <br />group homes and single housekeeping units must be treated like single-family residences <br />for zoning purposes. Therefore, these types of facilities must be permitted in all residential <br />zones in which single-family residences are allowed, with the same development and <br />parking standards of a single-family residence. However, local jurisdictions do have the <br />ability to regulate (subject to some state and federal limitations) unlicensed group homes of <br />any occupant size and licensed group homes that care for seven (7) or more individuals. <br />Costa Mesa Group Home Ordinance <br />The City of Costa Mesa has successfully established a precedent for the regulation of <br />group homes and sober-living facilities through its municipal ordinances, which include <br />requirements for special or conditional use permits and a 650-foot separation distance. <br />These regulations faced significant legal scrutiny under the FFHA and the Americans with