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ZOA No. 2025-01: Group Home Ordinance (Citywide) <br />June 23, 2025 <br />Page 5 <br />5 <br />1 <br />0 <br />8 <br />zones in which single-family residences are allowed, with the same development and <br />parking standards of a single-family residence. However, local jurisdictions do have the <br />ability to regulate (subject to some state and federal limitations) unlicensed group homes of <br />any occupant size and licensed residential care facilities that care for seven (7) or more <br />individuals. <br />Costa Mesa Group Home Ordinance <br />The City of Costa Mesa has successfully established a precedent for the regulation of <br />group homes and sober-living facilities through its municipal ordinances, which include <br />requirements for special or conditional use permits and a 650-foot separation distance. <br />These regulations faced significant legal scrutiny under the FFHA and the Americans with <br />Disabilities Act (ADA), with challenges alleging discrimination against individuals with <br />disabilities. However, the United States Court of Appeals for the Ninth Circuit, in The Ohio <br />House, LLC v. City of Costa Mesa, ultimately affirmed Costa Mesa's ordinances. This <br />ruling confirms that local jurisdictions can implement such regulations if they <br />demonstrably benefit individuals with disabilities by fostering appropriate living <br />environments, rather than solely imposing restrictions, and are not based on <br />discriminatory intent. This outcome provides a critical framework and legal support for the <br />City of Santa Ana as it proceeds with the proposed ordinance modeled after Costa Mesa's <br />approach to regulate group homes and sober-living facilities within its residential <br />neighborhoods. <br />Table 2 below and on the following page illustrates how key provisions in the proposed <br />ordinance are consistent with the provisions in the City of Costa Mesa’s ordinance, <br />thereby demonstrably benefiting individuals with disabilities by fostering appropriate living <br />environments. Adopting an ordinance consistent with Costa Mesa's successfully litigated <br />framework offers a legally sound approach, thereby enhancing the proposed ordinance's <br />effectiveness in regulating group homes and sober-living facilities while mitigating future <br />legal vulnerabilities for the City <br />Table 2: Comparison to Costa Mesa’s Ordinance <br />Provision Costa Mesa Proposed Ordinance <br />Definitions <br />Defines group homes Yes Yes <br />Defines sober-living home Yes Yes <br />Defines integral uses Yes Yes <br />Defines boarding house Yes Yes <br />Land Use/Required Permit <br />Provides preferential treatment to group homes over <br />similar living arrangements to non-disabled (boarding <br />house-like arrangements) <br />Yes Yes <br />Distinguishes between large and small group homes (6 <br />or less, and 7 or more) <br />Yes Yes <br />