NS-3084 - Group Homes and Land Use Definitions

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to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non-disabled. E. To fulfill this core purpose, the FHAA and FEHA require that the City grant an exception to its zoning ordinances if the exception is both reasonable and necessary to accommodate a person's legal disability to afford the disabled person an equal opportunity to use and enjoy a dwelling. F. Several state laws require the City to treat state licensed residential care facilities serving six or fewer as a residential use, such that it is permitted in residential zoning districts (see, e.g., Health and Safety Code, §§ 1267.8, 1566.3, 1568.0831, and 11834.23). A report conducted by the 2022-2023 Grand Jury for the County of Orange found that the resulting deinstitutionalization of group living arrangements for the disabled has had a positive effect upon the disabled. ' G. The City's goal in enacting this Ordinance is to preserve the residential characteristics of residential neighborhoods, and to provide opportunities for the disabled to reside in residential zones that are enjoyed by the non-disabled. H. Over the past several years the region has seen a significant increase in the number of residential homes being utilized as alcohol and drug recovery facilities for large numbers of individuals ("sober-living homes"). I. The increase appears to be driven in part by the Substance Abuse and Crime Prevention Act of 2000 adopted by California voters, which provides that specified first-time drug and alcohol offenders are to be afforded the opportunity to receive substance abuse treatment rather than incarceration. J. The Affordable Care Act has also significantly expanded the availability of health care coverage for substance abuse treatment. K. The region has seen a sharp increase of sober-living homes, which has generated community outcry and complaints including, but not limited to overcrowding, inordinate amounts of second-hand smoke, and noise; and the clustering of sober- living facilities in close proximity to each other creating neighborhoods of sober- living homes (see Ohio House LLC v. City of Costa Mesa (9th Cir. 2024) 122 FAth 1097, 1127). L. This increase in sober-living homes has become a rising concern for cities statewide as local officials are in some cases being bombarded with complaints from residents about the proliferation of sober-living homes; conferences drawing local officials from around the state are being held discussing what to do about challenges associated with sober-living homes; and the appropriate regulation of 1"Welcome to the Neighborhood:Are cities responsibly managing the integration of group homes?", County of Orange Grand Jury Invostigation, 2022-2023, http s:!lwww.ocgrandjury,org/sites/jury/files/2023-06/Welcomo_to_the_Neighborhood- Are_citie s_responsibly_managing_the_inte gration_of_group_homes.pdf." Ordinance No. NS-3084 Page 2 of 27