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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 Page 5 5 2 0 9 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 City Council 22 – 5 8/19/2025