HomeMy WebLinkAboutOrdinance #4212 ORDINANCE NO. 4212
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED USE CLASSIFICATIONS
(ZONING TEXT AMENDMENT NO. 19-005)
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAKES THE
FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS ORDINANCE:
WHEREAS, under the California Constitution, Article XI, Section 7, the City has been granted
broad police powers to preserve the residential characteristics of its RL, RHM, RH and RMP
residential zones; and the residential portion of its Specific Plans, which powers have been
recognized by both the California Supreme Court and United States Supreme Court, the latter of
which has stated that, "It is within the power of the legislature to determine that the community
should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as
carefully patrolled"; and
The Federal Fair Housing Act ("FHA") and the California Fair Employment Housing Act
("FEHA")prohibit enforcement of business regulation facially or effectively discriminate against
equal housing opportunities for the disabled; and
A core purpose of the FHA and FEHA is to provide a broader range of housing opportunities to
the disabled; to free the disabled, to the extent possible, from institutional style living; and to
ensure that disabled persons may live in a similar fashion as non-disabled persons live in
residential neighborhoods; and
To fulfill this purpose, the FHA and FEHA also require that the City provide reasonable
accommodations to its zoning ordinances if such accommodation is necessary to afford a
disabled person an equal opportunity to use and enjoy a dwelling; and
Any facility which provides non-medical alcoholism or drug abuse recovery, treatment, or
detoxification services must obtain a license from the California Department of Alcohol and
Drug Programs ("ADP"). Health& Safety Code section 11834.30 provides that no person"shall
operate, establish, manage, conduct, or maintain an alcoholism or drug abuse recovery or
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treatment facility to provide recovery, treatment, or detoxification services" with the State
without first obtaining an ADP license; and
State law has preempted local regulation of ADP-licensed facilities, and requires that all
California cities must permit in all residential zones pursuant to ADP-licensed facilities with six
or fewer residents pursuant to Health and Safety Code Sections 11834.20 and 11834.23; and
A Group Home is residential facility that is being used as a supportive living environment for
persons who are considered disabled under State or Federal law. Persons recovering from drug
and/or alcohol addiction are considered disabled for the purposes of the FEHA and the Federal
Americans with Disabilities Act ("ADA"); and
A Sober Living Home is a Group Home for persons who are recovering from a drug and/or
alcohol addiction and who are considered handicapped under FEHA or ADA; and
The City of Huntington Beach has seen a sharp increase in the number of Sober Living Homes,
which has generated secondary impacts including, but not limited to neighborhood parking
shortfalls, overcrowding, inordinate amounts of second-hand smoke, and noise; and the
clustering of Sober Living Homes in close proximity to each other creating near neighborhoods
of Sober Living Homes; and
As of May 2020, the City has identified approximately 177 Sober Living Homes and residential
care facilities in the multi-family and single-family residential zones; and
The number of Sober Living Homes in the City of Huntington Beach is rapidly increasing,
leading to an overconcentration of Sober Living Homes in certain of the City's residential
neighborhoods, which is both deleterious to the residential character of these neighborhoods and
may also lead to the institutionalization of such neighborhoods; and
The purpose of Sober Living Homes is to provide a comfortable living environment for persons
with drug or alcohol addictions in which they remain clean and sober and can participate in a
recovery program in a residential, community environment, and so that they have the opportunity
to reside in the residential neighborhood of their choice; and
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In enacting this Ordinance, the City Council of the City of Huntington Beach is attempting to
strike a balance between the City's and residents' interests of preserving the characteristics of
residential neighborhoods and to provide opportunities for the disabled to reside in such
neighborhoods that are enjoyed by the non-disabled; and
Because of their extremely transient populations, above-normal numbers of individuals/adults
residing in a single dwelling and the lack of regulations, Sober Living Homes present problems
not typically associated with more traditional residential uses, including but not limited to: the
housing of large numbers of unrelated adults who may or may not be supervised;
disproportionate numbers of cars associated with a single housing unit, which causes
disproportionate traffic and utilization of on-street parking; excessive noise and outdoor
smoking, which interferes with the use and enjoyment of neighbors' use of their property;
neighbors who have little to no idea who does and does not reside in the home; little to no
participation in community activities that form and strengthen neighborhood cohesion;
disproportional impacts from the average dwelling unit to nearly all public services including
sewer, water, parks, libraries, transportation infrastructure, fire and police; a history of
congregating in the same general area; and the potential influx of individuals with a criminal
record; and
Housing inordinately large numbers of unrelated adults in a single dwelling or congregating
Sober Living Homes in close proximity to each other does not provide the disabled with an
opportunity to "live in normal residential surroundings," but rather places them into living
environments bearing more in common with the types of institutional dormitory living that the
FEHA and FHA were designed to avoid for the disabled, and which no reasonable person could
contend provides a normal residential surrounding; and
Notwithstanding the above, the City Council recognizes that while not in character with
residential neighborhoods, responsibly operated Sober Living Homes, and Group Homes,
including Sober Living Homes, benefit society by providing the disabled the opportunity to live
in residential neighborhoods, recovery programs for individuals attempting to overcome their
drug and alcohol addictions, and providing Sober Living Homes greater access to residential
zones; and
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Without regulation there is no means of ensuring that (i) the individuals entering into Sober
Living Homes are disabled individuals and entitled to reasonable accommodation under local
and state law; (ii) the Sober Living Home is operated professionally to minimize impacts to the
surrounding neighborhood; and (iii) the secondary impacts from over concentration of Sober
Living Homes and Group Homes in a neighborhood and large numbers of unrelated adults
residing in a single facility are lessened; and
At least some operators of Sober Living Homes and Group Homes are driven more by profit
rather than intent to provide recovering addicts a realistic potential of sobriety, or a living
environment resembling the manner in which the non-disabled use and enjoy a dwelling; and
The residents of Sober Living Homes and Group Homes come to the City from all parts of the
country and often lack established ties to the community and a local support system independent
of the Sober Living Home or Group Home; and consequently the residents are especially
vulnerable to becoming homeless upon eviction; and
Is the intent of this Ordinance to require that operators of Group and Sober Living Homes
provide the residents information regarding the available local housing resources prior to
eviction from a Sober Living Home or Group Home; and
Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning
Commission and Huntington Beach City Council have held separate, duly noticed public hearings
to consider Zoning Text Amendment No. 19-005, which amends Chapter 204 of the Huntington
Beach Zoning and Subdivision Ordinance relating to updated, clarified, and additional use
classifications utilized within the ZSO.
After due consideration of the findings and recommendations of the Planning Commission and all
other evidence presented, the City Council finds that the aforesaid amendment is proper and
consistent with the General Plan;
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NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain
as follows:
SECTION 1. That Chapter 204 of the Huntington Beach Zoning and Subdivision
Ordinance titled Use Classifications is hereby amended to read as follows:
'1204.06 Residential Use Classifications
A. Day Care,Limited (or Small-Family).Non-medical care and supervision of six or fewer
persons, or eight or fewer persons if two of the persons are six years of age or older, on a less than
24-hour basis. Children under the age of 10 years who reside in the home shall be counted for
purposes of these limits. This classification includes nursery schools, preschools, and day-care
centers for children and adults.
B. Group Home. A facility that is being used as a supportive living environment for
persons who are considered disabled under State or Federal law. A Group Home operated
by a single operator or service provider(whether licensed or unlicensed) constitutes a single
facility, whether the facility occupies one (1) or more dwelling units. Group homes shall not
include the following: (1) residential care facilities; (2) any unit operating as a single
housekeeping unit.
C. Group Residential. Shared living quarters without separate kitchen or bathroom
facilities for each room or unit. This classification includes boarding houses, but excludes
residential hotels or motels, and Group Homes.
D. Multifamily Residential. Two or more dwelling units on a site. This classification
includes manufactured homes.
E. Referral Facility. A Residential Care Facility, Group Home, or Sober Living Home
where one or more person's residency in the facility is pursuant to a court order or directive
from an agency in the criminal justice system.
F. Residential Care Facility. A residential facility licensed by the State where care,
services, or treatment is provided to persons living in a supportive community residential
setting. Residential care facilities include, but may not be limited to, the following:
intermediate care facilities for the developmentally disabled (Health & Safety Code §§
1267.8, 1267.9); community care facilities (Health& Safety Code § 1500 et seq.);
residential care facilities for the elderly (Health& Safety Code § 1569 et seq.); residential
care facilities for the chronically ill (22 C.C.R. § 87801(a)(5); Health& Safety Code §
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1568.02); alcoholism and drug abuse facilities (Health & Safety Code §§ 11834.02-
11834.30); pediatric day health and respite care facilities (Health& Safety Code § 1760 et
seq.); residential health care facilities, including congregate living health facilities (Health
& Safety Code §§ 1265-1271.1, 1250(i), 1250(e), (h)); family care home, foster home,
group home for the mentally disordered or otherwise disabled persons or dependent and
neglected children (Wel. & Inst. Code §§ 5115-5120).
G. Single-Family Residential. Buildings containing one dwelling unit located on a
single lot. This classification includes manufactured homes.
H. Sober Living Home. A Group Home for persons who are recovering from a drug
and/or alcohol addiction and who are considered disabled under State or Federal law. Sober
Living Homes shall not include the following: (1) residential care facilities; (2) any unit
operating as a single housekeeping unit.
I. Supportive Housing. Housing with no limit on length of stay that is occupied by the
target population and is linked to on-site or off-site services that assist residents to retain the
housing, improving his or her health status, and maximizing his or her ability to live and,
when possible, work in the community. On-site and off-site services may include, but are
not limited to, after-school tutoring, child care, and career counseling. Supportive housing
uses are subject only to those restrictions and processing requirements that apply to other
residential dwellings of the same type in the same zone.
J. Transitional Housing. Temporary housing (generally six months to two years) for a
homeless individual or family who is transitioning to permanent housing. This type of
housing includes multi-family unit developments and often includes a supportive services
component to allow individuals to gain necessary life skills in support of independent living.
Transitional housing uses are subject only to those restrictions and processing requirements
that apply to other residential dwellings of the same type in the same zone.
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204.08 Public and Semipublic Use Classifications
A. Cemetery. Land used or intended to be used for the burial of human remains and dedicated for
cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and
mortuaries operated in conjunction with the cemetery, business and administrative offices, chapels,
flower shops, and necessary maintenance facilities.
B. Clubs and Lodges.Meeting, recreational, or social facilities of a private or nonprofit
organization primarily for use by members or guests. This classification includes union halls, social
clubs and youth centers.
C. Community and Human Service Facilities.
1. Drug Abuse Centers. Facilities offering drop-in services for persons suffering from drug
abuse, including treatment and counseling without provision for on-site residence or
confinement.
2. Primary Health Care. Medical services, including clinics, counseling and referral services,
to persons afflicted with bodily or mental disease or injury without provision for on-site
residence or confinement.
3. Emergency Kitchens. Establishments offering food for the"homeless" and others in need.
4. Emergency Shelters. Establishments offering food and shelter programs for"homeless"
people and others in need. This classification does not include facilities licensed for residential
care, as defined by the State of California, which provide supervision of daily activities.
5. Residential Care, General. Twenty-four-hour non-medical care for seven or more
persons, including wards of the juvenile court, in need of personal services, supervision,
protection, or assistance essential for sustaining the activities of daily living. This classification
includes only those facilities licensed by the State of California.
SECTION 2. All other provisions of Chapter 204 not modified herein shall remain in full
force and effect.
SECTION 3. This ordinance shall become effective immediately 30 days after its adoption.
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PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of July , 2020.
Ma
ATTEST: Q APPROVED AS TO FORM:
;A�� �L UA*L4�
City Clerk �„ City Attorney
fvtD A A PROVED: INITIATED VP OVED:
y Manager Director of Community Development
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Ord. No. 4212
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on July 7, 2020,and was again read to said City Council
at a Regular meeting thereof held on July 20,2020, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
1,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on July 30,2020.
In accordance with the City Charter of said City.
Robin Estanislau Qi1y Clerk City Clerk and ex-officio Clerk
Depu1y City Clerk of the City Council of the City
of Huntington Beach, California