Community Development

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Group Homes and Sober Living Homes

INTRODUCTION

On July 20, 2020, the Huntington Beach City Council adopted the Group Homes Ordinance [Ordinance Nos. 4214, 4212, 4215, 4216, and 4213] approving amendments to the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and Municipal Code (HBMC) which established a set of regulations for Group Homes, Sober Living Homes, and Residential Care Facilities affecting Residential Districts citywide.

In its actions, the City Council intends to strike an appropriate balance between the interests of the City and its residents to preserve residential neighborhood character, and the need to provide housing accommodations to disabled persons, including those in recovery from addiction to reside in normalized residential environments that promote effective recovery.

Further, the Ordinance aims to preserve the residential character of single-family residential neighborhoods and to further the purposes of State law, by, among other things:

Ensuring that Group Homes are actually entitled to the special accommodation and/or additional accommodation provided under the Huntington Beach Municipal Code and not simply skirting the City’s land use regulations;
Limiting the secondary impacts of Group Homes by reducing noise and traffic, preserving safety and providing adequate on-street parking;
Providing an accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood; and
To provide comfortable living environments that will enhance the opportunity for the disabled and for recovering addicts to be successful in their programs.

USE CLASSIFICATIONS

To provide for the regulation of Group Homes, including Sober Living Homes, the Ordinance established four (4) new use classifications in HBZSO Chapter 204 Use Classifications. They are summarized below in order to introduce and differentiate each classification.

A. Group Home (GH)

A residential unit utilized as a supportive living environment for people meeting

the legal definition of disabled.

• Provides housing only for a classified group of people. No medical care,

services, or treatment can take place in a Group Home

ο Only State licensed facilities can provide care, services, or

treatment under State law (see C. Residential Care Facilities)

B. Sober Living Home (SLH)

Sober Living Homes are also Group Homes, but specifically for people

recovering from a chemical addiction that meet the legal definition of

disabled.

• Provides housing only that is primarily meant for people who have just

come out of rehab and need a place to live that is structured and supportive

for those in recovery.

• For the purposes of the Ordinance, a Sober Living Home is not state

licensed.

• No medical care, services, or treatment can occur in a Sober Living Home

ο Only State licensed facilities can provide care, services, or

treatment under State law (see C. Residential Care Facilities)

C. Residential Care Facilities (RCF)

A State Licensed residential facility where care, services, or treatment are

provided to persons living in a community residential setting.

• Provide housing and care/treatment for the elderly, developmentally

disabled, chronically ill, and chemical addiction treatment facilities, among

others.

• RCFs that specifically provide drug and or alcohol abuse treatment are

licensed by the Department of Health Care Services (DHCS) and are

known as alcoholism or drug abuse recovery or treatment facilities.

ο Homes are required to be licensed by the DHCS when at least one

of the following services is provided: detoxification, group counseling

sessions, individual counseling sessions, educational sessions, or

alcoholism or drug abuse recovery or treatment planning.

D. Referral Facility

Either a Residential Care Facility, Group Home, or Sober Living Home where

one or more person’s residency is per a court order or similar directive.

Referral facilities must follow the permit procedure according to the base use

classification, and are not permitted in the RL (Residential Low Density) zone.

REGULATIONS

The Ordinance regulations require Group Homes, including Sober Living Homes, to obtain permits to operate in a manner consistent with the nature of the single-family residential neighborhoods in which they are located. The following summary outlines the permit requirements for each facility type:

1. A Group Home or Sober Living Home with six (6) or fewer residents:

• In all Residential districts, requires a ministerial Special Use Permit (SUP)

from the Community Development Director; and

• Any SLH shall be one thousand (1000) feet from any other property that

contains a GH, SLH, or RCF pursuant to HBZSO Chapter 230.28.

• Applications will be reviewed on a first-come, first-served basis.

2. A Group Home or Sober Living Home with seven (7) or more residents:

• Not permitted in the RL (Residential Low Density) zone

• In all other Residential Districts, requires a Conditional Use Permit (CUP)

from the Planning Commission; and

ο An Operator’s Permit that complies with Huntington Beach Municipal

Code (HBMC) Section 5.110; and

ο The GH or SLH (with 7 or more residents) shall be one thousand

(1000) feet from any other property that contains a GH or SLH.

ο An applicant for a GH or SLH may seek relief from strict application

of the above requirements by applying for reasonable accommodation

pursuant to Huntington Beach Municipal Code (HBMC) Chapter 17.77.

ο Applications will be reviewed on a first-come, first-served basis.

3. Referral Facilities are not permitted in the RL zone; and

• No Referral Facility may be located:

ο Within five hundred (500) feet of property that is zoned either RL

or Specific Plan Residential Low Density, or

ο Within five hundred (500) feet of a school, park, place of worship,

or licensed day care facility.

• Referral Facilities must have an on-site manager 24/7

• Referral Facilities may not admit a resident convicted of specific crimes

4. Certain Residential Care Facilities are permitted and certain Residential Care

Facilities require a CUP from the Planning Commission. Please refer to HBZSO

Chapter 210.04 Land Use Controls, Additional Provision (T).

Unlicensed Residential Care Facilities are not permitted in any residentially zoned district.

State licensed Residential Care Facilities serving six (6) or fewer residents are permitted in all Residential districts.

State licensed Residential Care Facilities serving seven (7) or more residents in all Residential districts require a CUP from the Planning Commission.

State law preempts local regulation on certain group homes that serve six or fewer persons. This reflects the State's policy to move away from institutional care and to treat individuals with mental and/or physical handicaps in residential settings. State law requires that certain group homes of six or fewer residents be regulated in the same manner as single-family residences for zoning purposes. That means that these facilities located in a house in the single-family zone cannot be required to provide more onsite parking or be prohibited from having their residents smoke outside or be required to have all occupants be on a single lease or to get a business license. The same and no more rules for parking, smoking, renting, or any other development standard or use restriction that apply to single family homes occupied by other housekeeping units apply to these facilities.

The Community Care Facilities Act of 1973 defines a "residential facility" as "any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual." Health & Safety (HS) Code section 1502(a)(1). Further, the Act specifies that "residential facilities" serving six or fewer persons shall be considered a residential use of property. The residents and operators are to be considered a family for the purposes of any law or zoning ordinance. H&S Code section 1566.3. However, section 1566.1 of the H&S Code implies that one needs a license from the State in order to invoke the provisions of Art. 7 (which includes the preemption of local regulation for residential facilities).

APPLICATIONS

A. To apply for a Group Home or Sober Living Home serving seven (7) or more

residents, please fill out an application for a Conditional Use Permit (CUP) by

the Planning Commission using the General Planning Application Form:

General Planning Application Form

Application Fee: $5,319

Operators of a Group Home or Sober Living Home that receive approval of a

Conditional Use Permit, an Operator’s Permit is required prior to issuance of a

Business License:

Operator's Permit Application Form

Application Fee: $2,449

To apply for a Group Home or Sober Living Home serving six (6) or fewer residents, please fill out an application for a Special Use Permit:

Special Use Permit Application Form

Application Fee: $1,957

Please direct any questions to the Community Development Department at

714-536-5271 or via email at [email protected]

How to Report Violations to Code Enforcement:

Download the free “MyHB” application on iPhone or Android devices
Online Complaint Form
Email – [email protected]
Phone – (714) 375-5155

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