MEMO - Sober Living and Group Homes Ordinance

SUBMITTED: April 4, 2025

COUNCIL MEETING:

VOTING RECORD:

Group Homes are facilities for persons with disabilities, in foster care, or with specific needs. They provide 24-hour supervision along with support services to assist in their daily needs. However, Sober Living Homes differ from Group Homes as they focus on providing services for individuals who require drug or alcohol recovery. With rising concerns over the lack of proper medically trained staff for patient care, the need for local government regulation is critical to protecting our Irvine community and enacting enforcement actions against facilities that pose a public safety threat.

Local Impact by Sober Living and Group Homes

Orange, Los Angeles, and surrounding counties, dubbed as “Rehab Riviera,” have been popular destinations for the addiction treatment industry in the United States. Orange County, in particular, has nearly as many licensed addiction treatment centers as Los Angeles County, regardless of its geographical and population size difference. In Irvine, several Sober Living Homes were identified as a result of concerns over violations of health and safety codes relating to patient care. Therefore, it is urgent and essential for local governments to enhance enforcement against facilities that are unlicensed or in violation.

In July 2024, a violent incident occurred in Irvine’s District 1 at a Sober Living facility, Turning Tides, resulting in the death of a resident caused by another resident in the same home. Following this incident, authorities discovered that violations were ongoing at the treatment facility, ultimately leading to the location being shut down. This is just one example of the increasing concerns revolving around Sober Living and Group homes.

Municipal Responses

In 2014, to safeguard residents' safety, the City of Costa Mesa introduced and enacted ordinances relating to Group and Sober Living Homes. These ordinances required facilities to acquire special permits to operate if they serve 7 or more occupants, and imposed a minimum of 650 feet apart from each other. Enforcement tools that could be taken by local authorities under this ordinance include fines and possible shutdown of facilities.

Following the City of Costa Mesa’s ordinance, in 2020, the County of Orange Board of Supervisors enacted its ordinance, focusing on regulation for the unincorporated areas. The County enacted further requirements to include the determination if special permits are required based on the number of occupants and a 1000-foot distance from other Group Homes. The County also adds details outlining circumstances where permits may be denied or revoked based on the criminal history of owners or staff persons, false or misleading information, or when the owner fails to take measures to remove any residents who use alcohol or possess illegal prescriptions.

Most recently, on April 2, 2025, the City of Mission Viejo passed an ordinance regulating Group Homes, due to concerns raised by residents and Councilmembers. The ordinance includes requirements that facilities cannot be located within 1,000 feet of each other, an on-site manager must be available 24 hours a day, and regulations are introduced to the eviction policy. Additionally, facilities must adhere to a "good neighbor" policy. All Group Home permit applications must contain contact information for the owner, operator, and house manager, which is similar to the County's Group Home ordinance.

All local government actions from the City of Costa Mesa, Mission Viejo, and the County of Orange, signify the magnitude of strengthening local regulations. Although Sober Living and Group Homes focus on genuine services for recovery, safeguarding residents is critical for our communities. All three ordinances have been attached for reference.

Recent Legal Precedent and Legislative Actions

The leading precedent setting the standard for the local sober living ordinance is The Ohio House, LLC v. City of Costa Mesa et al. (22-56181, C.D. Cal. 2022). On December 4, 2024, the U.S. Court of Appeals for the Ninth Circuit concluded that Costa Mesa’s group home and sober-living-home regulations had a net benefit for the disabled and rejected the sober-living home operator’s claim of discrimination and violation of state and federal fair housing laws in Ohio House. The Court affirmed that those benefits allowing more options and opportunities under zoning regulations could have strings attached, like separation and Conditional Use Permit or other permit requirements, as long as, on the whole, it works as a net benefit to disabled individuals. It is foreseeable how this analysis would support a city’s regulations on background checks and other qualifications for operators; security and safety plans; treatment-exit plans, and more.

Currently, there are several legislative proposals on the State level with bipartisan support arising from the growing concerns and from the recent audit by the California State Auditor in October 2024:

• Senate Bill 329, “Alcohol and Drug Recovery or Treatment Facilities: Investigations” by Senator Catherine Blakespear: This bill would add Section 11834.11 to the California Health and Safety Code, focusing on investigations on Alcohol and Drug Recovery or Treatment Facilities.

• Assembly Bill 424, “Alcohol and Other Drug Programs: Complaints” by Assemblymember Laurie Davies: The bill would add Section 11834.33 to the California Health and Safety Code, focusing on complaints about Alcohol and Drug Programs.

• Assembly Bill 492, “Alcohol and Drug Programs: Licensing” by Assemblymember Avelina Valencia: This bill would amend Section 11834.09 to the California Health and Safety Code, focusing on licensing of Alcohol and Drug Programs.

Request

The need to expand local government authority and enforcement over Sober Living and Group Homes is vital to protecting our Irvine residents. Strengthening our City agencies, and expanding ongoing partnerships with our State and Federal partners, would highlight the effort to ensure safety and security for all residents.

Provided with the information, I request the City Manager, City Attorney, and the City staff to propose a Sober Living and Group Homes Ordinance within the City of Irvine, with a comprehensive overview of the application, requirements, permitting, zoning, and other necessary supplemental items.