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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 6 <br />5 <br />2 <br />0 <br />9 <br />Disabilities Act (ADA), with challenges alleging discrimination against individuals with <br />disabilities. However, the United States Court of Appeals for the Ninth Circuit, in The Ohio <br />House, LLC v. City of Costa Mesa, ultimately affirmed Costa Mesa's ordinances. This <br />ruling confirms that local jurisdictions can implement such regulations if they <br />demonstrably benefit individuals with disabilities by fostering appropriate living <br />environments, rather than solely imposing restrictions, and are not based on <br />discriminatory intent. This outcome provides a critical framework and legal support for the <br />City of Santa Ana as it proceeds with the proposed ordinance modeled after Costa Mesa's <br />approach to regulate group homes and sober-living facilities within its residential <br />neighborhoods. <br />Table 2 below and on the following page illustrates how key provisions in the proposed <br />ordinance are consistent with the provisions in the City of Costa Mesa’s ordinance, <br />thereby demonstrably benefiting individuals with disabilities by fostering appropriate living <br />environments. Adopting an ordinance consistent with Costa Mesa's successfully litigated <br />framework offers a legally sound approach, thereby enhancing the proposed ordinance's <br />effectiveness in regulating group homes and sober-living facilities while mitigating future <br />legal vulnerabilities for the City. <br />Table 2: Comparison to Costa Mesa’s Ordinance <br />Provision Costa Mesa Proposed Ordinance <br />Definitions <br />Defines group homes Yes Yes <br />Defines sober-living home Yes Yes <br />Defines integral uses Yes Yes <br />Defines boarding house Yes Yes <br />Land Use/Required Permit <br />Provides preferential treatment to group homes over <br />similar living arrangements to non-disabled (boarding <br />house-like arrangements) <br />Yes Yes <br />Distinguishes between large and small group homes (6 <br />or less, and 7 or more occupants) <br />Yes Yes <br />Requires special use permit for group homes with 6 or <br />fewer occupants in single-family residential zones <br />Yes Yes <br />Requires special use permit for group home with 6 or <br />fewer occupants in multiple-family residential zones <br />Yes Yes <br />Requires conditional use permit for group homes with 7 <br />or more occupants in limited zones <br />Yes Yes <br />Requires operator’s permit for group homes with 7 or <br />more occupants <br />Yes Yes <br />Prohibits group homes with 7 or more occupants in <br />single-family zones <br />Yes Yes <br />Prohibits integral facilities Yes Yes <br />Operational and Development Standards <br />Separation requirement for group homes with 6 or <br />fewer occupants in single-family zones <br />No No <br />Separation requirement for sober-living homes with 6 <br />or fewer occupants in single-family zones <br />Yes (650 ft)Yes (650 ft)