18.38.123   Community Care Facilities–Unlicensed and Sober Living Homes.
   Uses classified as Community Care Facilities–Unlicensed (Small), Community Care Facilities–Unlicensed (Large), Sober Living Homes (Small), and Sober Living Homes (Large) are subject to the provisions of this section.
   .010   Permits Required. No person, firm, corporation or other entity shall operate any Community Care Facility–Unlicensed and a Sober Living Home, regardless of size, within the City without first obtaining a valid permit.
      .020   Operational Standards.
         .0201   Number of Residents.
            .01   Community Care Facilities–Unlicensed (Small) and Sober Living Homes (Small) shall be limited to six (6) or fewer residents, not counting a house manager and staff. If the facility is located within a residential property that has an Accessory Dwelling Unit(s), residents of all units shall be combined to determine whether or not the limit of six (6) residents has been exceeded.
            .02   Community Care Facilities–Unlicensed (Large) and Sober Living Homes (Large) shall have a minimum of seven (7) residents, not counting a house manager and staff. If the facility is located within a residential property that has an Accessory Dwelling Unit(s), residents of all units shall be combined to determine the total number of residents.
         .0202   The facility shall not be located in an Accessory Dwelling Unit unless the primary dwelling unit is used for the same purpose.
         .0203   The facility shall have a house manager who resides on site or any number of persons acting as a house manager who are present at the facility on a 24-hour basis or who will be available twenty-four (24) hours a day, seven (7) days a week to physically respond within forty-five (45) minutes notice and who are responsible for the day-to-day operation of the facility.
         .0204   Parking.
            .01   All garages, driveways, and/or assigned parking spaces associated with the facility shall be available for the parking of vehicles at all times.
            .02   All vehicles shall be operable and be parked on-site.
         .0205   Separation requirements.
            .01   Community Care Facility–Unlicensed.  Such facility, regardless of size, shall not be located within three hundred (300) feet, as measured from the closest property lines, of any other Community Care Facility, Unlicensed or Community Care Facility, Licensed, regardless of size.
            .02   Sober Living Home.  Such facility, regardless of size, shall not be located within eight hundred (800) feet, as measured from the closest property lines, of any other Sober Living Home or Alcoholism or Drug Abuse Recovery or Treatment Facility, regardless of size.
            .03   Exceptions. A Community Care Facility–Unlicensed (Small) or a Sober Living Home (Small), which 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.
         .0206   All facilities shall not provide "Care and supervision" to the residents, as defined by Section 80001(c)(3) of title 22, California Code of Regulations, as may be amended.
         .0207   Sober Living Home shall not provide any of the following services as they are defined by Section 10501(a) of Title 9, California Code of Regulations, as may be amended: detoxification, educational counseling, individual or group counseling sessions, and treatment or recovery planning
         .0208   The property shall be fully in compliance with all building codes, codified ordinances, and this Code.
         .0209   Owners/Operators of all facilities shall certify under penalty of perjury that the facility has and will implement the following written procedures and policies:
            .01   Intake procedures
            .02   Facility rules and regulations
            .03   A good neighbor policy, which, at minimum, requires residents to be considerate of neighbors, including refraining from engaging in excessively loud, profane, or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received.
            .04   Eviction and involuntary termination procedures, which, at minimum, ensure the following:
               a.   Notification to the resident's emergency contact or contact of record.
               b.   Notification to the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the County to determine the services available to the resident, including, but not limited to, alcohol and drug inpatient and outpatient treatment.
               c.   Provision of the information obtained regarding services available to the resident and any other treatment provider or service to the resident prior to his or her release.
               d.   Provision of transportation to the address listed on the resident's driver license, state-issued identification card, or the permanent address identified in the resident's application or referral to the other community care facilities, sober living homes, or similar facilities.
         .0210   In addition to the written policies listed in Subsection 18.38.123.20.0209 of this section, owners/operators of all Sober Living Homes shall certify under penalty of perjury that the facility has and will implement the following written procedures and policies:
            .01   An active program participation policy that requires all residents, other than the house manager, to actively participate in legitimate recovery programs located off-site. The sober living home operator shall maintain current records of program attendance.
            .02   A visitation policy that preclude any visitors who are under the influence of any drug or alcohol.
            .03   Controlled substance policy, which, at minimum, states the prohibition of the use of any alcohol or any non-prescription drugs at the facility or by any resident either on- or off-site and the posting of such policy on-site in a common area inside the dwelling unit.
         .0211   Refusal to comply with the facility's rules and regulations, as provided in the required written policies listed in Subsections 18.38.123.20.0209 and/or 18.38.123.20.0210 of this section, shall be a cause of eviction.
         .0212   The facility operator shall maintain records for a period of one (1) year following eviction from or involuntary termination of residency of an resident that documents compliance with Subsection 18.38.123.20.0209.04 of this section; provided, however, that nothing herein shall require the operator to violate any provision of State or Federal law regarding confidentiality of health care information.
         .0213   Exception.  Community Care Facilities, Unlicensed and Sober Living Homes may seek relief from the strict application of Subsection 18.38.123.20 of this section by submitting a request setting forth specific reasons as to why accommodation over and above this section is necessary under State and Federal laws, pursuant to Section 18.62.090 (Request for Reasonable Accommodation).  (Ord. 6493 § 20; September 29, 2020.)