18.16.058  COMMUNITY CARE FACILITIES–UNLICENSED (SMALL) AND SOBER LIVING HOMES (SMALL).
   .010   Permits Required.
      .0101   Operator's Registration. Any person desiring to operate a Sober Living Home (Small) that holds a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department shall first obtain an Operator's Registration in compliance with the provisions of this section.
      .0102   Operator's Permit. Any person desiring to operate a Community Care Facility - Unlicensed (Small), or a Sober Living Home (Small) without a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department shall first obtain an Operator's Permit in compliance with the provisions of this section. All such applications shall be referred to the Chief of Police (or his or her designee), who shall conduct all necessary investigations.
   .020   Application Requirements. All applications for Operator's Registration and Operator's Permit shall be submitted on forms approved by the Planning Director. The application shall be signed and submitted by the owner/operator of the facility and filed with the Planning and Building Department, and shall include all applicable fee or deposit as approved and set by resolution of the City Council.
   .030   Permit Issuance.
      .0301   Operator's Registration.  Upon receipt of a written application for an Operator's Registration, the Planning Director (or his or her designee) shall conduct a review. An Operator's Registration application shall be issued if the applicant provided all required information and is in compliance or has agreed to comply with Section 18.38.123 of this Code.
      .0302   Operator's Permit. Upon receipt of a written application for an Operator's Permit, the Planning Director (or his or her designee) shall conduct a review and the Chief of Police (or his or her designee) shall conduct an investigation to ascertain compliance with subsection 18.16.058.04.0403 of this section. An Operator's Permit application shall be issued if the Chief of Police recommends issuance of the permit, the applicant provided all required information, and is in compliance or has agreed to comply with this section and Section 18.38.123 of this Code.
   .040   Permit Denial and Revocation.
      .0401   In addition to the grounds for permit revocation specified in Section 18.16.040 of this chapter, an Operator's Registration and an Operator's Permit application shall be denied or revoked if any of the following circumstances exist:
         .01   Any owner/operator or staff person of the facility has provided materially false or misleading information on the application or omitted any pertinent information.
         .02   The owner/operator or staff person of the facility accepts residents, other than a house manager or staff, who are not handicapped as defined by the FHAA and FEHA.
         .03   The facility does not comply with the applicable separation requirements specified in Section 18.38.123.020.0205.
            (a)   Exceptions.
               (1)   If a Community Care Facility - Licensed or an Alcohol or Drug Abuse Recovery or Treatment Facility moves within the required  separation distance of an existing Community Care Facility - Unlicensed (Small) or an existing Sober Living Home with a valid Operator's Registration or an Operator's Permit, this shall not cause the revocation of existing facility's Operator's Registration or Operator's Permit.
               (2)   A Community Care Facility – Unlicensed (Small) or a Sober Living Home (Small) that has been in existence prior to effective date of this ordinance shall not be subject to the applicable separation requirement if such facility applies for a first-time Operator's Registration or Operator's Permit within one hundred and eighty (180) days of the effective date of this ordinance. If a new, subsequent Operator's Registration or Operator's Permit is required for an existing facility that was granted the exemption from the separation requirement due to change in circumstances, such exemption shall become null and void and the facility shall be required to comply with applicable separation requirement.
         .04   The owner/operator or staff person of a Sober Living Home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.
         .05   For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations.
      .0402   Additional grounds for denial or revocation of an Operator's Registration.
         .01   The Sober Living Home does not have or no longer holds a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department.
      .0403   Additional grounds for denial or revocation of an Operator's Permit.
         .01   Any owner/operator or staff person of the facility has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.
         .02   Any owner/operator or staff person of the facility has been convicted of or pleaded nolo contendere, within the previous five (5) years for an owner/operator or within the previous three (3) years for a staff person, to any of the following offenses:
            (a)   Any offenses in violation of California Penal Code Sections 186.10(a), 186.10(b), 236.1(a), 236.1(b), 236.1(c)(2), 240 to 248, 266h, 266i, 314, 315, 316, 318, 368, 484, 484.1, and Subsections (a) or (b) of Penal Code Section 647, as may be amended.
            (b)   Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290, as may be amended.
            (c)   Arson offenses in violations of Penal Code Sections 451-455, as may be amended.
            (d)   Violent felonies, as defined in Penal Code Section 667.5, as may be amended, which involve doing bodily harm to another person.
            (e)   Any offenses in violation of California Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058, as may be amended.
         .03   Any owner/operator or staff person of the facility is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter.
      .0404   If a facility has obtained a reasonable accommodation pursuant to Section 18.62.090 to deviate from requirements of Section 18.38.123, such approved deviation shall not be a cause for a denial or revocation of the facility's permit.
   .050   Changes to Operator's Registration and Operator's Permit.
      .501   If any of the information submitted on the original application changes, such as any personnel changes (i.e. owner/operator of the facility, employees and staff including house manager), the current or new owner/operator of the facility shall notify the Planning Director of such change within ten (10) business days thereafter, in writing, which may require additional review and fee.
      .502   The owner/operator of a Sober Living Home with an Operator's Registration shall notify the Planning Director if there is any changes to the status of the facility's Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department (i.e. renewals, expirations, revocations) within ten (10) business days of such change.
   .060   Sale or Transfer of Operator's Registration and Operator's Permit. No Operator's Registration or Operator's Permit issued hereunder may be sold, transferred or assigned by a permittee, or by operation of law, to any other person(s), entity, or facility. Any such sale, transfer or assignment, or attempted sale, shall be deemed to constitute a voluntary surrender or such permit and such permit shall thereafter be null and void. A change in owner/operator of the facility shall require a new application for an Operator's Registration or an Operator's Permit.
   .070   Operator's Registration and Operator's Permit Expiration.
      .0701   The Operator's Registration and the Operator's Permit shall expire and be of no further force or effect if after establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of six (6) months.
      .0702   The Operator's Registration shall automatically expire and be of no further force or effect if after establishment, the Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department for the facility is expired or revoked.
   .080   Operational Standards. All facilities subject to this section shall comply with all operational standards specified in Section 18.38.123 of this Code, unless otherwise permitted by this Code.
   .090   Existing Facilities. Facilities existing prior to effective date of regulations set forth in this section shall comply with the following:
      .0901   Existing facilities shall apply for the Operator's Registration or Operator's Permit within one hundred and eighty (180) days of the effective date of regulations set forth in this section.
         .01   If an existing facility is seeking an exemption from the applicable separation requirement as specified in Subsections 18.38.123.020.0205.03 and 18.16.058.040.03.a.(2), such facility shall provide necessary evidence demonstrating that the facility has been in existence prior to the effective date of this ordinance, to the satisfaction of the Planning Director.
      .0902   Existing facilities shall have one (1) year from the effective date of the regulations set forth in Sections 18.16.058 and 18.38.123 to comply with their provisions.
      .0903   Existing facilities obligated by a written lease exceeding one (1) year from the effective date of the ordinance, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to two (2) additional years grace period pursuant to approval of an Operator's Permit.
      .0904   If an Operator's Registration or Operator's Permit submitted for existing facilities is denied pursuant to this section, such facility shall be deemed unlawful and shall seize its operations immediately after a denial of the Operator's Registration or Operator's Permit is issued.  (Ord. 6493 § 6; September 29, 2020.)