Laserfiche WebLink
WELCOME TO THE NEIGHBORHOOD <br />Since deinstitutionalization, the State of California has resisted appeals from local cities <br />to pass permitting laws, distancing requirements, or any type of regulation at all. There <br />is a misconception that these regulatory ordinances are intended to discriminate against <br />people who are disabled due to alcohol and drug addiction, and the State of California <br />has cited this misconception as the guiding principle for its dogged challenge of most <br />attempts by cities to manage the responsible integration of group homes into residential <br />neighborhoods. Rather, -such city ordinances are intended to protect those people who <br />suffer from alcohol -and drug. addiction, as well as the neighborhoods where group <br />homes are located. <br />Licensed residential rehab'programs are subject to the same local laws as single-family <br />- _ homes, and no more. State law imposes fewer restrictions on licensed rehab programs <br />-than other licensed -group homes. The Community Care Facilities Act, from which <br />- alcohol and drugrehab-facilities are exempt, imposes restrictions that protect the <br />character of residential neighborhoods. Under this act, cities receive written notice of a <br />='proposed facility, -and any city -or county may request denial of the license based on <br />overconcentration of residential care facilities. While alcohol and drug programs that <br />provide 24-hour residential non -medical services to adults recovering from drug or <br />- alcohol abuse must obtain .a. State license, they cannot be regulated any differently from <br />a single-family home if they serve six or fewer people. <br />California Health&Safety Code Sections 1.520.5 and 1267.9 state it is a policy of the <br />State to prevent overconcentration of residential facilities that impair the integrity of <br />-- - residential neighborhoods. Section 1520.5 states that the department shall deny an <br />application -for a.new.residential:facility license if the department determines the facilities <br />- - location -is proximate to an existing residential facility therefore resulting in <br />_.-. -overconcentration. The statute recognized the need for a_ balanced_ policy to pre_v_ent <br />_ overconcentration of residential care facilities which indicates an awareness and <br />- - understanding of=the:-impact of overconcentration on the integrity of residential <br />-neighborhoods. The statute defines overconcentration as less than 300 feet for some <br />-types-of group.homes_and-up to 1000 feet for others. At the time the statute was <br />enacted it was specific only to certain types of group homes. However, the recent <br />-emphasis on providing more housing in California has eroded the intent of this act. <br />Federal -and State fair -housing laws protect people with disabilities from housing <br />_discrimination.' Recovering.. alcoholics and drug addicts are disabled for purposes of anti- <br />discrimination --laws. When. people in recovery live together in a "sober living" home, <br />_._ --_-- cities cannot discriminate -based on such disabilities, therefore an ordinance cannot <br />- treat sober living -homes -differently than other similar uses in single-family residential <br />zones. <br />--Sober living homes are not -required to be licensed and are not limited to six or fewer <br />residents. Because -no _teeatment is provided in these substance -free, mutually <br />supportive living environments, no license is required. The limitation of.most other group <br />ORANGE COUNTY GRAND JURY 2022 12023 Page 5 of 42 <br />