NS-3084 - Group Homes and Land Use Definitions

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sober-living homes has been the topic of several League of California Cities meetings. M. The state Legislature has recognized the need to prevent overconcentration of residential facilities that impairs the integrity of residential neighborhoods and leads to the institutionalization of such neighborhoods, which undermines the benefits of deinstitutionalization (Cal. Health & Saf. Code §§ 1520.5 & 1267.9). To that end, state law allows applications for new residential facility licenses to be denied if the facility's location is near an existing residential facility, thereby resulting in overconcentration. N. Overconcentration of other group homes for the disabled, including sober-living homes, impairs the integrity of residential neighborhoods and undermines the benefits of deinstitutionalization. The number of sober-living homes in the region is rapidly increasing, leading to an overconcentration of sober-living homes in many cities. O. The purpose of sober-living homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they have the opportunity to reside in the neighborhood of their choice. P. Individuals recovering from alcoholism and drug addiction, who are not currently using alcohol or drugs, are considered disabled under both the FHAA and FEHA. Q. This Ordinance and the balance of the City's zoning provide a benefit to group homes by allowing these facilities to locate in residential neighborhoods, whereas a similarly situated and functioning home with non-disabled tenants would be defined as a boarding house and continue to be prohibited in all zoning districts. R. Group homes (including sober-living homes) typically do not function as a single housekeeping unit for the following reasons: (1) they house transient populations (programs are generally about 90 days and, a 2005 UCLA study found that 65-70 percent of individuals recovering from addiction leave even earlier); (2) the residents generally have no established ties to each other when they move in and typically do not mingle with other neighbors; (3) neighbors generally do not know those who reside in the home, nor do the residents know the neighbors; (4) the residents have little to no say about who lives or doesn't live in the home; (5) the residents do not generally share expenses; (6) the residents are often responsible for their own food, laundry and phone; (7)when residents disobey house rules they are often evicted from the house; (8) the residents generally do not share the same acquaintances; and (9) residents often pay significantly above market rate rents. The lack of single-housekeeping-unit characteristics contributes to institutional living conditions. S. The size and makeup of the households in group homes, even those allowed as a matter of right under the Code, can create institutional living conditions because Ordinance No. NS-3084 Page 3 of 27