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HomeMy WebLinkAboutApprove Zoning Text Amendment No. 25-003 (Reapplication Proc of ;.���'"a,'''p 2000 Main Street, , ,,G,f,p Huntington Beach,CA ti � t 92648 City of Huntington BeachAPPROVED FOR ADOPTION 5-0-2 cUUNTV CP`r (KENNEDY,WILLIAMS—ABSENT) File#: 25-783 MEETING DATE: 10/7/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Jennifer Villasenor, Director of Community Development PREPARED BY: Jason Kelley, Senior Planner Subject: Approve Zoning Text Amendment No. 25-003 (Reapplication Process for Group Homes) by adopting Ordinance Nos. 4340 and 4341 -Approved for Introduction September 16, 2025, by a vote of 7-0 Statement of Issue: The following staff report was presented via Public Hearing to the City Council on September 16, 2025: Transmitted for City Council's consideration is Zoning Text Amendment (ZTA) No. 25-003, a City Council initiated request to amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) by prohibiting group homes from reapplying for permits for five years from the date of the denial or revocation of a permit. There is also an accompanying amendment to incorporate the same provisions into the Municipal Code. Financial Impact: Not Applicable Recommended Action: A) Find Zoning Text Amendment No. 25-003 and amendment to Municipal Code Chapter 5.110 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the municipal code and zoning ordinance that does not change the development standards intensity or density; and, B) Approve Zoning Text Amendment No. 25-003 with findings (Attachment No. 1) and adopt Ordinance No. 4341, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230.28 Group Homes of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-003)"; (Attachment No. 2); and, City of Huntington Beach Page 1 of 3 Printed on 10/1/2025 powered by LegistarTM 75 File#: 25-783 MEETING DATE: 10/7/2025 C) Approve amendment to Municipal Code Chapter 5.110 and adopt Ordinance No. 4340, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 5.110 Group Homes of the Huntington Beach Municipal Code Titled Group Homes" (Attachment No. 3). Alternative Action(s): Do not approve,(and direct staff accordingly. Analysis: A: PROJECT PROPOSAL: ZTA No. 25-003 represents a request to amend Section 230.28 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to strengthen enforcement against unlawful group homes to protect residential neighborhoods and the residents of these facilities. Specifically, the amendment establishes a five-year prohibition on applying or reapplying for a Special Use Permit or Conditional Use Permit for any group home found to be operating in violation of applicable laws or zoning regulations. There is also an accompanying amendment to incorporate the same provisions into the Municipal Code. B. BACKGROUND: On July 20, 2020, the City Council adopted the Group Homes Ordinance amending the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and the Municipal Code (HBMC) to establish regulations for group homes, sober living homes and residential care facilities. Since the adoption of the Ordinances, there have been sober living facilities that are either operating without the required permits or are in violation of the conditions of approval outlined in their permit. To ensure greater accountability among sober living facilities, the City Council directed staff (Attachment No. 6) to draft an amendment to the HBZSO and the HBMC to prevent group homes from applying or reapplying for a permit for five years once they have been found to be operating unlawfully. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: On August 26, 2025, the Planning Commission held a public hearing on the ZTA. The Planning Commission recommended approval of the request to the City Council. Planning Commission Action on August 26, 2025: A motion was made by Goldberg, seconded by Palmer, to recommend to the City Council approval of ZTA No. 25-003 carried by the following vote: AYES: Thienes, Goldberg, Pellman, Palmer, Bush, Babineau, McGee NOES: None ABSTAIN: None ABSENT: None MOTION PASSED D. STAFF ANALYSIS: The August 26, 2025, Planning Commission staff report provides a more detailed description and analysis of the proposed ZTA (Attachment No. 7). During the meeting, the Planning Commission also City of Huntington Beach Page 2 of 3 Printed on 10/1/2025 powered by LegistarTM 76 File#: 25-783 MEETING DATE: 10/7/2025 approved a minute action to forward additional buffer recommendations for sober living facilities to the City Council for consideration, which was provided to the City Council via a separate memorandum. In summary, staff and the Planning Commission recommend approval of ZTA No. 25- 003 based on the following reasons: 1. It updates the HBZSO to prevent unlawful operators; 2. Addresses community need to further protect neighborhoods from operators in violation of the ordinance; and 3. Is consistent with General Plan goals and policies. Approval of the associated Municipal Code amendment would correspond and be consistent with the Zoning Code amendment. Environmental Status: ZTA No. 25-003 and amendment to Municipal Code Chapter 5.110 are exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density; and Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the amendments to the HBMC will have a significant effect on the environment. Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. Suggested Findings of Approval - ZTA No. 25-003 2. Ordinance No. 4341 - Section 230.28 (Group Homes) 3. Ordinance No. 4340 - Chapter 5.110 (Group Homes) 4. Section 230.28 - Group Homes Legislative Draft 5. Chapter 5.110 - Group Homes Legislative Draft 6. City Council H-Item dated May 6, 2025 7. August 26, 2025, Planning Commission Staff Report 8. PowerPoint Presentation City of Huntington Beach Page 3 of 3 Printed on 10/1/2025 powered by LegistarTM 77 ORDINANCE NO. 4340 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.110 OF THE HUNTINGTON BEACH MUNICIPAL CODE TITLED GROUP HOMES 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 NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 5.110.10 is hereby amended to read as follows: 5.110.01Q Definitions. The definitions set forth in Title 20 Chapter 204 of the ZSO Code shall apply to the provisions of this article unless otherwise provided for herein. SECTION 2. That Section 5.110.080 is hereby amended to read as follows: 5.110.080 Effect of Denial or Revocation. Whenever an application for a permit is denied,no other similar application by such applicant or permittee will be considered for a period of five(5)years from the date of the denial of an application. Whenever a permit has been revoked, canceled or otherwise invalidated,no other similar application by such permittee shall be considered for a period of five (5)years from either the date of the notice of the permit revocation was mailed or the date of the final decision of the city to revoke the permit,whichever is later. The prohibitions of this subjection shall also apply to the following: A. Any individual whose operator's permit was revoked or whose application was denied who later becomes a Director or Officer of a corporation, profit or nonprofit,or a member of a partnership or person owning or possessing any portion of the shares of a corporation seeking to obtain a new operator's permit. ORDINANCE NO. 4340 B. A corporation,profit or nonprofit,whose permit was revoked, or application was denied, to any of its directors,or officers or to any person who owned any portion of its shares, who attempts by way of a new corporation or using'their individual names or becoming a member of a partnership or a director or officer or a person owning or possessing any portion of the shares in another corporation seeking to obtain a new permit. C. A landowner who illegally leased,rented, sold, or otherwise allowed an individual or corporation to operate a non-permitted Group Home or Sober Living Home. SECTION 3. That Section 5.110.085 is hereby added to read as follows: 5.110.085 Ineligibility. In addition to any other law,no person or entity'shall be eligible for and/or receive an operator's permit if that person or entity, or any director or officer of that entity or a person who owned any portion of that entity's shares, or any financial interest holder of that entity,engaged or engages in unpennitted and/or illegal activity involving medical care, addiction care, addiction recovery, and Group or Sober Home operation, in the five (5)years preceding an application under this Chapter or during the application process. A determination of ineligibility may be made by the City Manager and shall be based on the preponderance of the evidence. This prohibition shall not apply to a natural person who would otherwise be ineligible based on a criminal conviction that has been dismissed,withdrawn, expunged or set aside. SECTION 4. All other provisions of Title 5 not modified herein shall remain in full force and effect. SECTION 5. This ordinance shall become effective immediately 30 days after its adoption. • PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of October ,2025. Mayor A ES : / APPROVED AS TO FORM: Ci Clerk City Attorne 25-16738/383879 2 ORDINANCE NO. 4340 REVIEWED AND APPROVED: INITIATED AND APPROVED: ty Manager 6minu ity Development Director 25-16738/383879 3 Ord. No. 4340 • STATE OF CALIFORNIA ) COUNTY OF ORANGE - •, ) ss: CITY OF HUNTINGTON BEACH ) I,LISA LANE BARNES,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 September 16,2025,and was again read to said City Council at a Regular meeting thereof held on October 7,2025,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. • AYES: Twining,McKeon,Burns,Van Der Mark, Gruel NOES: None • ABSENT: • Kennedy, Williams ABSTAIN: None • I,Lisa Lane Barnes,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 October 16,2025. - L'� „i In accordance with the City Charter of said City. 44141& "� isa Lane Barnes,City Clerk Ci Clerk and ex-officio Clerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach,California ORDINANCE NO. 4341 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 230.28 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 25-003) WHEREAS, 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. 25-003, which amends Section 230.28 of the Huntington Beach Zoning and Subdivision Ordinance; and 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; NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 230.28 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 230.28 Group Homes A. Purpose. This section is intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of the FEHA,the FHAA and the Lanterman Act by, among other things: (1)ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Huntington Beach Municipal Code and not simply skirting the city's boarding house regulations; (2) limiting the secondary impacts of group homes by reducing noise and traffic,preserving safety and providing adequate on street parking; (3)providing an accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood; and(4)to provide comfortable living environments that will enhance the opportunity for the disabled and for recovering addicts to be successful in their programs. ORDINANCE NO.4341 B. Special Use Permit Required. 1. A group home that may otherwise be considered an unpermitted use may locate in the RL,RM,RMH,RH,RMP,a Specific Plan Residential, or a Specific Plan Mixed Use zone with a Special Use Permit provided: a. An application for a group home is submitted to the director by the owner/operator of the group home.The application shall provide the following: i The name,address,phone number and driver's license number of the owner/operator; ii. If the applicant and/or operator is a partnership, corporation, firm or association,then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application: (1) Every general partner of the partnership, (2) Every owner with a controlling interest in the corporation, (3) The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder; iii. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit,has had such license and/or permit revoked or suspended, and the reason therefor; • iv. The name,address,phone number and driver's license number of the house manager; v. A copy of the group home rules and regulations; vi. Written intake procedures; vii. The relapse policy; viii. An affirmation by the owner/operator that only residents (other than the house manager)who are disabled as defined by state and federal law shall reside at the group home; ix. Blank copies of all forms that all residents and potential residents are required to complete; and 25-16738/383996 2 ORDINANCE NO.4341 x. A fee for the cost of processing of the application as set by resolution of the city council. No person shall open a group home or begin employment with a group home until this information has been provided and such persons shall be responsible for updating any of this information to keep it current. b. The group home has six(6)or fewer occupants,not counting a house manager,but in no event shall have more than seven(7) occupants. lithe dwelling unit has a secondary accessory unit, occupants of both units will be combined to determine whether or not the limit of six(6)occupants has been exceeded. c. The group home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose. d. The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a twenty-four(24)hour basis and who are responsible for the day-to-day operation of the group home. e. All garage and driveway spaces associated with the dwelling unit shall,at all times,be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within five hundred(500) feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home. f. Occupants must not require and operators must not provide"care and supervision"as those terms are defined by Health and Safety Code section 1503.5 and section 80001(c)(3) of Title 22, California Code of Regulations. g. Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. h. If the group home operator is not the property owner,written approval from the property owner to operate a group home at the property. i. The property must be fully in compliance with all building codes,municipal code and zoning. 25-16738/383996 3 ORDINANCE NO. 4341 j. At least forty-eight(48)hours prior to an occupant's eviction from or involuntary termination of residency in a group home,the operator thereof shall: i. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home; ii. Contact the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the City to determine the services available to the occupant, including, but not limited to,alcohol and drug inpatient and outpatient treatment; iii. Notify the City's Homeless Task Force or its successor panel that an occupant is no longer a resident at the home,and determine the services available therefrom; iv. Provide the information obtained from paragraphs ii and iii of this subsection B.1 j. and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon; • v. Provided,however,that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the special use permit for that facility,the operator shall comply with paragraphs i.through iv. of this subsection B.1.j. as soon as possible. k. Prior to an occupant's eviction from or involuntary termination of residency in a group home,the operator thereof shall also: i. Make available to the occupant transportation to the address listed on the occupant's driver license, state-issued identification card, or the permanent address identified in the occupant's application or referral to the group home; ii. Provided,however,that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant. If the operator cannot find accommodation,the occupant must continue to house on premises until such accommodation can be found for the occupant. 25-16738/383996 4 ORDINANCE NO.4341 1. The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections B.1.j. and B.1.k. of this section;provided, however,that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection B.1.k. of this section by providing remuneration to the occupant for the cost of transportation. m. All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to,those provisions regulating licensure and parking, standing and stopping. n. In addition to the regulations outlined above, the following shall also apply to sober living homes: i. The sober living home is not located within one thousand(1000) feet, as measured from the closest property lines, of any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility. ii. All occupants, other than the house manager, must be actively participating in legitimate recovery programs,including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance.Under the sober living home's rules and regulations,refusal to actively participate in such a program shall be cause for eviction. iii. The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession,use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed.These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause 25-16738/383996 5 ORDINANCE NO.4341 for eviction under the sober living home's rules for residency and the violator cannot be re-admitted for at least ninety(90)days. Any second violation of this rule shall result in permanent eviction. Alternatively,the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. iv. The number of occupants subject to the sex offender registration requirements of Penal Code section 290 does not exceed the limit set forth in Penal Code section 3003.5 and does not violate the distance provisions set forth in Penal Code section 3003. v. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. vi. The sober living home shall have a good neighbor policy that shall direct occupants 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. vii. The sober living home shall not provide any of the following services as they are defined by section 10501(a)(6)of Title 9,California Code of Regulations: detoxification; educational counseling;individual or group counseling sessions; and treatment or recovery planning. o. An applicant may seek relief from the strict application of this section by submitting a reasonable accommodation application setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws,pursuant to section HBMC 17.77. 2. The special use permit shall be issued by the director as a ministerial matter if the applicant is in compliance or has agreed to comply with subsections B.1.a. through B.l.n. of this section.The issuance of the special use permit shall be denied upon a determination, and if already issued shall be denied or revoked upon a hearing,by the director that any of the following circumstances exist: 25-16738/383996 6 ' ORDINANCE NO.4341 a. Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information; b. Any owner/operator or staff person 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. c. Any owner/operator or staff person has been convicted of or pleaded nolo contendere,within the last seven(7)to ten(10)years,to any of the following offenses: i. Any sex offense for which the person is required to register as a sex offender under California Penal Code section 290 (last ten (10)years); ii. Arson offenses—Violations of Penal Code Sections 451-455 (last seven 7 years);( )Y )� or iii. Violent felonies, as defined in Penal Code section 667.5,which involve doing bodily harm to another person(last ten(10)years). iv. The unlawful sale or furnishing of any controlled substances (last seven(7) years). d. Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. e. The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the FHAA and FEHA. f. A special use permit for a sober living home shall also be denied upon a • determination,and if already issued, any transfer shall be denied or revoked,upon a hearing,by the director that any of the following additional circumstances exist: i. Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one (1) full year of sobriety. ii. The owner/operator 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. 25-16738/383996 ' 7 ORDINANCE NO.4341 iii. The sober living home,as measured by the closest property lines, is located within one thousand(1000)feet of any other sober living home or state licensed alcoholism or drug abuse recovery or treatment facility. If a state-licensed alcoholism or drug abuse recovery or treatment facility moves within one thousand(1000) feet of an existing sober living home this shall not cause the revocation of the sober living home's permit or be grounds for denying a transfer of such permit. g. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations, including,but not limited to, failure to comply with the provisions of subsections B.1.j. through m. h. Revocation shall not apply to any group home,which otherwise would cause it to be in violation of this section,that has obtained a reasonable accommodation pursuant to HBMC 17.77. C. Effect or Denial or Revocation of Special Use Permit or Conditional Use Permit 1. Whenever an application for a Special Use Permit or Conditional Use Permit for a Sober Living Facility, Group Home,or similar facility is denied,no other similar application by such applicant or permittee will be considered for a period of five years from the date of the denial of an application. Whenever a permit has been revoked, canceled, or otherwise invalidated, no other similar application by such permittee shall be considered for a period.of five years from either the date the notice of the permit revocation was mailed or the date of the final decision of the city to revoke the permit, whichever is later. The prohibitions of this subsection shall also apply to the following: a. Any individual whose Special Use Permit or Conditional Use Permit was revoked or whose application was denied who later becomes a director or officer of a corporation, profit or nonprofit, or a member of a partnership or a person owning or possessing any portion of the shares of a corporation seeking to obtain a Special Use Permit. b. A corporation, profit or nonprofit, whose Special Use Permit or Conditional Use Permit was revoked, or application was denied, to any of its directors or officers or to any person who owned any portion of its shares, who 25-16738/383996 8 ORDINANCE NO.4341 attempts .by way of a new corporation or using their individual names or becoming a member of a partnership or a director or officer or a person owning or possessing any portion of the shares in another corporation seeking to obtain a new Special Use Permit or Conditional Use Permit. c. A landowner who illegally leased, rented, sold, or otherwise allowed an individual or corporation to operate a non-permitted Group Home or Sober Living Home. 2. In addition to any other law,no person or entity shall be eligible for and/or receive an operator's Special Use Permit or Conditional Use Permit if that person or entity, or any director or officer of that entity or a person who owned any portion of that entity's shares, or any financial interest holder of that entity, engaged or engages in unpermitted and/or illegal activity involving medical care,addiction care,addiction recovery, and Group or. Sober Home operation, in the five years preceding an application under this chapter or during the application process. A determination of ineligibility may be made by the City Manager and shall be based on the preponderance of the evidence. This prohibition shall not apply to a natural person who would otherwise be ineligible based on a criminal conviction that has been dismissed,withdrawn, expunged or set aside. D. Compliance 1. Existing Group Homes must apply for a special use permit within ninety (90) days of the effective date of this chapter. 2. Group Homes that are in existence upon the effective date of this chapter shall have one (1)year from the effective date of this chapter to comply with its provisions,provided that any existing Group Home, which is serving more than six(6) residents, must first comply with the six-resident maximum. 3. Existing Group Homes 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 one(1) additional years grace period pursuant to Planning Division approval. 25-16738/383996 9 ORDINANCE NO. 4341 E. Transfer of Special Use Permit. Special Use Permit may not be transferred to any other person or entity. No Special Use Permit issued pursuant to this chapter shall be transferred or assigned or authorize any person other than the person or entity named in the permit to operate the group home named therein. F. A Conditional Use Permit shall be required for and may be granted to allow the operation of a Group Home, or a Residential Care Facility with seven (7) or more occupants in the RM, RMH, RH, RMP, Specific Plan Residential and Specific Plan Mixed Use Zones subject to the following conditions: 1. As measured from the property line to property line, the Group I lome or Sober Living Home shall be at least one thousand (1000) feet from any other property that contains a Group Home, Sober Living I tome, or State-Licensed Residential Care Facility. 2. An application for an Operator's Permit that complies with Chapter 5.110 of the Huntington Beach Municipal Code(HBMC) shall be required for and may be granted to permit the operation of a Group I lome or Sober t.iving !tome. SECTION 2. All other provisions of Chapter 230 not modified herein shall remain in full force and effect. SECTION 3.This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of October, , 202 May r A S : APPROVED AS TO FORM: x_______Ltote, Ci Clerk City ttorney REVIEWED ANI) APPROVED: INITIATED AND APPROVED: IV ' • it/j/_„2 ity Manager Co m ity Development Director 25-16738/383996 10 • Ord.No. 4341 • • • • STATE OF CALIFORNIA ) • COUNTY OF ORANGE ). ss: • CITY OF HUNTINGTON BEACH ) I,LISA LANE BARNES,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 September 16,2025,and was again read to said City Council at a Regular meeting thereof held on October 7,2025,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. . • AYES: ' Twining,McKeon,Burns,Van Der Mark, Gruel - NOES: None •• ABSENT: Kennedy,Williams • ABSTAIN: •None I,Lisa Lane Barnes,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 October 16,2025. 0 :44 4„In accordance with the City Charter of said City. � i (�e Lisa.e .ne Barnes,City Clerk, City Clerk and ex-officio Clerk i�}r Senior Deputy City Clerk of the City Council of the City of Huntington Beach,California • • • ' 1 U /Ii/)t/t.: oo // Pa)..is/t# 5 HB Wave PUBLISH DATE: 10/16/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4340 Adopted by the City Council on October 7, 2025 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.110 OF THE HUNTINGTON BEACH MUNICIPAL CODE TITLED GROUP HOMES" SYNOPSIS: Ordinance No. 4340 strengthens enforcement against unlawful group homes to protect residential neighborhoods and the residents of these facilities. Specifically, the amendment establishes a five-year prohibition on applying or reapplying for a Special Use Permit or Conditional Use Permit for any group home found to be operating in violation of applicable laws or zoning regulations. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held October 7, 2025 by the following roll call vote: AYES: Twining, McKeon, Burns, Van Der Mark, Gruel NOES: None ABSENT: Kennedy, Williams This ordinance is effective November 6, 2025. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 LISA LANE BARNES, ELECTED CITY CLERK Column INTERIM AD DRAFT This is the proof of your ad scheduled to run in Huntington Beach Wave on the dates indicated below. If changes are needed, please contact us prior to deadline at(714) 796-2209. Notice ID:yxMgrgprBuD6ELSOLiBL I Proof Updated:Oct.09,2025 at 08:57am PDT Notice Name: Synopsis-Ord No.4340 See Proof on Next Page This is not an invoice.Below is an estimated price,and it is subject to change.You will receive an invoice with the final price upon invoice creation by the publisher. FILER FILING FOR Donna Switzer Huntington Beach Wave donna.switzer@surfcity-hb.org (714)374-1649 Columns Wide: 5 Ad Class: Legals Total Column Inches: 22.8 Number of Lines: 42 10/16/2025:City Notices 346.14 Subtotal $346.14 Tax $0.00 Processing Fee $0.00 Total $346.14 Synopsis - Ord No. 4340 - Page 1 of 2 HB Wave PUBLISH DATE:10/16/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4340 Adopted by the City Council on October 7,2025 "AN ORDINANCE OF THE CITY COUNC IL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.110 OF THE HUNTINGTON BEACH MUNICIPAL CODE TITLED GROUP HOMES" SYNOPSIS: Ordinance No.4340 strengthens enforcement against unlawful group homes to protect residential neighborhoods and the residents of these facilities. Specifically, the amendment establishes a five-year prohibition on applying or reapplying for a Special Use Permit or Conditional Use Permit for any group home found to be operating in violation of applicable laws or zoning regulations. Copies of this ordinance are available in the City Clerks Office. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held October 7,2025 by the following roll call vote: AYES: Twining,McKeon,Burns,Van Der Mark,Gruel NOES: None ABSENT: Kennedy,Williams This ordinance is effective November 6,2025. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 714-536-5227 LISA LANE BARNES,ELECTED CITY CLERK Huntington Beach Wave Published:10/16/25 Synopsis - Ord No. 4340 - Page 2 of 2 AULINCLUDES THE FOUNTAIN VALLEY VIEW 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714) 796-2209 Iegals@inlandnewspapers.com City of Huntington Beach-City Clerk's Office 2000 Main Street Huntington Beach, California 92648 Account Number: 5272431 Ad Order Number: 0011759901 Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 10/16/2025 Total Amount: $346.14 Payment Amount: $0.00 Amount Due: $346.14 Notice ID: yxMqrgprBuD6ELSOLiBL Invoice Text: HB Wave PUBLISH DATE: 10/16/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4340 Adopted by the City Council on October 7, 2025 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.110 OF THE HUNTINGTON BEACH MUNICIPAL CODE TITLED GROUP HOMES"SYNOPSIS:Ordinance No.4340 strengthens enforcement against unlawful group homes to protect residential neighborhoods and the residents of these facilities. Specifically,the amendment establishes a five-year prohibition on applying or reapplying for a Special Use Permit or Conditional Use Permit for any group home found to be operating in violation of applicable laws or zoning regulations.CoPies of this ordinance are available in the City Clerk's Office. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held October 7, 2025 by the following roll call vote:AYES:Twining, McKeon, Burns,Van Der Mark,Gruel NOES: None ABSENT: Kennedy,Williams This ordinance is effective November 6,2025. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 714-536-5227 LISA LANE BARNES, ELECTED CITY CLERK Synopsis-Ord No. 4340- Page 1 of 2 See Proof on Next Page INCLUDES THE FOUNTA N VALLEY VIEW ., Iilikt... Huntington Beach Wave 1920 Main St.Suite 225,Irvine Irvine,California 92614 (714)796-2209 2000 Main Street Huntington Beach,California 92648 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,and not a party to or interested in the above-entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on July 1, 1998, Case No. A- 185906 in and for the City of Irvine, County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 10116/2025 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim,Orange County,California,on Date:Oct 16,2025. I •9- ,' „ CanyOr �1 S . ure Synopsis-Ord No. 4340 - Page 1 of 2 H B Wave PUBLISH DATE:10/16/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4340 Adopted by the City Council on October.7,2025 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.110.OF THE HUNTINGTON BEACH MUNICIPAL CODE TITLED GROUP HOMES" SYNOPSIS: Ordinance No.4340 strengthens enforcement against unlawful group homes to protect residential neighborhoods and the residents of these facilities. Specifically, the amendment establishes a five-year prohibition on applying or reapplying for a Special Use Permit or Conditional Use Permit for any group home found to be operating In Violation of applicable laws or Zoning regulations. CoPies of this ordinance are available in the City Clerk's Office.. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held October 7,2025 by the following roll call vote: AYES: Twining,McKeon,Burns,Van Der Mark,Gruel NOES: None ABSENT: Kennedy,Williams This ordinance is effective November 6,2025. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA..92648 714536-5227 LISA LANE BARNES,ELECTED CITY CLERK Huntington Beach Wave Published:'10/16/25 Synopsis-Ord No. 4340 - Page 2 of 2 .P/b e Jo//&J0z5 H B Wave PUBLISH DATE: 10/16/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4341 Adopted by the City Council on October 7, 2025 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 230.28 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 25-003)" SYNOPSIS: Ordinance No. 4341 and ZTA No. 25-003 amends Section 230.28 of the Huntington Beach Zoning and Subdivision Ordinance(HBZSO) to strengthen enforcement against unlawful group homes to protect residential neighborhoods and the residents of these facilities by prohibiting group homes from reapplying for permits for five years from the date of the denial or revocation of a permit. There is also an accompanying amendment to incorporate the same provisions into the Municipal Code. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held October 7, 2025 by the following roll call vote: AYES: Twining, McKeon, Burns, Van Der Mark, Gruel NOES: None ABSENT: Kennedy, Williams This ordinance is effective November 6, 2025. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 LISA LANE BARNES, ELECTED CITY CLERK Column INTERIM AD DRAFT This is the proof of your ad scheduled to run in Huntington Beach Wave on the dates indicated below. If changes are needed, please contact us prior to deadline at (714) 796-2209. Notice ID: 99VLXymFQNfBvLD16tzS I Proof Updated: Oct.09,2025 at 10:00am PDT Notice Name: Synopsis-Ord No.4341 See Proof on Next Page This is not an invoice.Below is an estimated price,and it is subject to change.You will receive an invoice with the final price upon invoice creation by the publisher. FILER FILING FOR Donna Switzer Huntington Beach Wave donna.switzer@surfcity-hb.org (714)374-1649 Columns Wide: 5 Ad Class: Legals Total Column Inches: 23.28 Number of Lines: 43 10/16/2025:City Notices 353.53 Subtotal $353.53 Tax $0.00 Processing Fee $0.00 Total $353.53 Synopsis - Ord No. 4341 - Page 1 of 2 H B Wave PUBLISH DATE:10/16/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4341 Adopted by the City Council on October 7,2025 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 230.28 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE(ZONING TEXT AMENDMENT NO.25-003)" SYNOPSIS: Ordinance No.4341 and ZTA No.25-003 amends Section 230.28 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to strengthen enforcement against unlawful group homes to protect residential neighborhoods and the residents of these facilities by prohibiting group homes from reapplying for permits for five years from the date of the denial or revocation of a permit. There Is also an accompanying amendment to Incorporate the same provisions Into the Municipal Code. Copies of this ordinance are available in the City Clerk's Office. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held October 7,2025 by the following roll call vote: AYES: Twining,McKeon,Burns,Van Der Mark,Gruel NOES: None ABSENT: Kennedy,Williams This ordinance is effective November 6,2025. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 714-536-5227 LISA LANE BARNES,ELECTED CITY CLERK Huntington Beach Wave Published:10/16/25 Synopsis - Ord No. 4341 - Page 2 of 2 INCLUDES AIlliim ..._ FALNTAIN THE / VALLEY VIEW 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714)796-2209 legals@inlandnewspapers.com City of Huntington Beach-City Clerk's Office 2000 Main Street Huntington Beach, California 92648 Account Number: 5272431 Ad Order Number: 0011759913 Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 10/16/2025 Total Amount: $353.53 Payment Amount: $0.00 Amount Due: $353.53 Notice ID: 99VLXymFQNfBvLD16tzS Invoice Text: HB Wave PUBLISH DATE:10/16/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4341 Adopted by the City Council on October 7, 2025 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 230.28 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE(ZONING TEXT AMENDMENT NO.25-003)" SYNOPSIS:Ordinance No.4341 and ZTA No.25-003 amends Section 230.28 of the Huntington Beach Zoning and Subdivision Ordinance(HBZSO)to strengthen enforcement against unlawful group homes to protect residential neighborhoods and the residents of these facilities by prohibiting group homes from reapplying for permits for five years from the date of the denial or revocation of a permit.There is also an accompanying amendment to incorporate the same provisions into the Municipal Code.Copies of this ordinance are available in the City Clerk's Office. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held October 7, 2025 by the following roll call vote:AYES:Twining, McKeon, Burns, Van Der Mark,Gruel NOES: None ABSENT: Kennedy,Williams This ordinance is effective November 6,2025.CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 714-536-5227 LISA LANE BARNES, ELECTED CITY CLERK Synopsis-Ord No. 4341 - Page 1 of 2 .Aill.e� INCLUDES THE See Proof on Next Page FOUNTAIN �/ VALIfY VIEW Huntington Beach Wave 1920 Main St.Suite 225,Irvine Irvine,California 92614 (714)796-2209 2000 Main Street Huntington Beach, California 92648 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,and not a party to or interested in the above-entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on July 1, 1998, Case No. A- 185906 in and for the City of Irvine, County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 1011612025 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim,Orange County,California,on Date:Oct 16,2025. ir nycer S�! Ca re Synopsis-Ord No. 4341 - Page 1 of 2 H B Wave PUBLISH DATE:10/16/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4341 Adopted by the City Council on October 7,2025 • "AN ORDINANCE.OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 230.28 OF THE.HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO.25-003)" SYNOPSIS: Ordinance No.4341 and ZTA No.25-003 amends Section.230.28 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to strengthen enforcement against unlawful group homes to protectresidentlal neighborhoods and the residents of these facilities by prohibiting group homes from reapplying for permits for five years from the date of the denial or revocation of•cc permit:There is also an accompanying amendment to Incorporate the same provisions Into the Municipal Code. Copies of this ordinance are available in the City Clerk's Office. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held October 7,2025 by the.foilowing roll call vote: AYES: Twining,McKeon,Burns,Vail Der MarK,Gruel NOES: None ABSENT: Kennedy,Williams • This ordinance is effective November 6,2025. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 714-5365227 LISALANE BARNES,ELECTED CITY CLERK Huntington Beach Wave Published:10/16/25 Synopsis-Ord No. 4341-Page 2 of 2 • 2000 Main Street, rr046.1(047 , Huntington Beach,CA 92648 _ Cityof Huntington Beach APPROVED FOR INTRODUCTION 9c "x7 x"'r�e� 6. 7-0 F�p N� trF File#: 25-708 MEETING DATE: 9/16/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Jennifer Villasenor, Director of Community Development PREPARED BY: Jason Kelley, Senior Planner Subject: Approve Zoning Text Amendment No. 25-003 (Reapplication Process for Group Homes) by approving for introduction Ordinance Nos. 4340 and 4341 Statement of Issue: Transmitted for City Council's consideration is Zoning Text Amendment (ZTA) No. 25-003, a City Council initiated request to amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) by prohibiting group homes from reapplying for permits for five years from the date of the denial or revocation of a permit. There is also an accompanying amendment to incorporate the same provisions into the Municipal Code. Financial Impact: Not Applicable Recommended Action: A) Find Zoning Text Amendment No. 25-003 and amendment to Municipal Code Chapter 5.110 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the municipal code and zoning ordinance that does not change the development standards intensity or density; and, B) Approve Zoning Text Amendment No. 25-003 with findings (Attachment No. 1) and approve for introduction Ordinance No. 4341, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230.28 Group Homes of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-003)"; (Attachment No. 2); and, C) Approve amendment to Municipal Code Chapter 5.110 and approve for introduction Ordinance No. 4340, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 5.110 Group Homes of the Huntington Beach Municipal Code Titled Group Homes" (Attachment No. 3). City of Huntington Beach Page 1 of 3 Printed on 9/10/2025 powered by Legistarm 467 File#: 25-708 MEETING DATE: 9/16/2025 Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: ZTA No. 25-003 represents a request to amend Section 230.28 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to strengthen enforcement against unlawful group homes to protect residential neighborhoods and the residents of these facilities. Specifically, the amendment establishes a five-year prohibition on applying or reapplying for a Special Use Permit or Conditional Use Permit for any group home found to be operating in violation of applicable laws or zoning regulations. There is also an accompanying amendment to incorporate the same provisions into the Municipal Code. B. BACKGROUND: On July 20, 2020, the City Council adopted the Group Homes Ordinance amending the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and the Municipal Code (HBMC) to establish regulations for group homes, sober living homes and residential care facilities. Since the adoption of the Ordinances, there have been sober living facilities that are either operating without the required permits or are in violation of the conditions of approval outlined in their permit. To ensure greater accountability among sober living facilities, the City Council directed staff (Attachment No. 6) to draft an amendment to the HBZSO and the HBMC to prevent group homes from applying or reapplying for a permit for five years once they have been found to be operating unlawfully. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: On August 26, 2025, the Planning Commission held a public hearing on the ZTA. The Planning Commission recommended approval of the request to the City Council. Planning Commission Action on August 26, 2025: A motion was made by Goldberg, seconded by Palmer, to recommend to the City Council approval of ZTA No. 25-003 carried by the following vote: AYES: Thienes, Goldberg, Pellman, Palmer, Bush, Babineau, McGee NOES: None ABSTAIN: None ABSENT: None MOTION PASSED D. STAFF ANALYSIS: The August 26, 2025, Planning Commission staff report provides a more detailed description and analysis of the proposed ZTA (Attachment No. 7). During the meeting, the Planning Commission also approved a minute action to forward additional buffer recommendations for sober living facilities to the City Council for consideration, which was provided to the City Council via a separate memorandum. In summary, staff and the Planning Commission recommend approval of ZTA No. 25- City of Huntington Beach Page 2 of 3 Printed on 9/10/2025 powered by LegistarTM 468 File#: 25-708 MEETING DATE: 9/16/2025 003 based on the following reasons: 1. It updates the HBZSO to prevent unlawful operators; 2. Addresses community need to further protect neighborhoods from operators in violation of the ordinance; and 3. Is consistent with General Plan goals and policies. Approval of the associated Municipal Code amendment would correspond and be consistent with the Zoning Code amendment. Environmental Status: ZTA No. 25-003 and amendment to Municipal Code Chapter 5.110 are exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density; and Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the amendments to the HBMC will have a significant effect on the environment. Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1.Suggested Findings of Approval - ZTA No. 25-003 2.Ordinance No. 4341 - Section 230.28 (Group Homes) 3.Ordinance No. 4340 - Chapter 5.110 (Group Homes) 4.Section 230.28 - Group Homes Legislative Draft 5.Chapter 5.110 - Group Homes Legislative Draft 6.City Council H-Item dated May 6, 2025 7.August 26, 2025, Planning Commission Staff Report 8.PowerPoint Presentation City of Huntington Beach Page 3 of 3 Printed on 9/10/2025 powered by LegistarTM 469 • ATTACHMENT NO. 1 SUGGESTED FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 25-003 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: Zoning Text Amendment (ZTA) No. 25-003 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. SUGGESTED FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 25-003: 1. Zoning Text Amendment No. 25-003 is to amend Section 230.28 of the Huntington Beach Zoning and Subdivision Ordinance by introducing additional requirements for Sober Living Homes and Group Homes operating in violation of their permit or without proper permits. The proposed zoning text amendment is consistent with the policies of the City's General Plan including: Land Use Element: Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Housing Element_ Policy H-1.1: Preserve the character, scale, and quality of established residential neighborhoods. The proposed ZTA introduces language to Section 230.28 to strengthen enforcement against unlawful group homes to protect residential neighborhoods and the residents of these facilities. Specifically, the amendment establishes a five-year prohibition on applying or reapplying for a Special Use Permit or Conditional Use Permit for any group home found to be operating in violation of applicable laws or zoning regulations. Additionally,the amendment defines all categories of group home operators — including owners, operators, individuals, corporations, and landowners—to prevent circumvention of the five-year restriction through changes in ownership or management structure. 2. In the case of a general land use provision, ZTA No. 25-003 is compatible with the uses authorized in, and the standards prescribed for the zoning district for which it is proposed because the proposed amendment further strengthens the ordinance to prevent the operation of illegal and unsafe Sober Living Homes and Group Homes in single-family residential neighborhoods by operators and owners who have illegally operated in the past. 3. A community need is demonstrated for the changes proposed in that the City of Huntington 470 Beach has experienced a rise in the number of unlicensed and unpermitted Group Homes including Sober Living Homes within single family residential neighborhoods. The operation of these unlicensed and unpermitted homes is illegal. The proposed ZTA No. 25-003 seeks to strengthen the enforcement requirements for unlawful Group Home and Sober Living Home operations. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The amendment will result in the City's ability to strengthen enforcement against unlawful Group Homes and Sober Living Homes by establishing a five-year prohibition on applying or reapplying for a Special Use Permit or Conditional Use Permit for any Group Home and Sober Living Home found to be operating in violation of their permit or the HBZSO. 471 ORDINANCE NO. 4341 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 230.28 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 25-003) WHEREAS, 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. 25-003, which amends Section 230.28 of the Huntington Beach Zoning and Subdivision Ordinance; and 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; NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 230.28 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 230.28 Group Homes A. Purpose. This section is intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of the FEHA,the FHAA and the Lanterman Act by, among other things: (1) ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Huntington Beach Municipal Code and not simply skirting the city's boarding house regulations; (2) limiting the secondary impacts of group homes by reducing noise and traffic,preserving safety and providing adequate on street parking; (3)providing an accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4)to provide comfortable living environments that will enhance the opportunity for the disabled and for recovering addicts to be successful in their programs. 472 ORDINANCE NO. 4341 B. Special Use Permit Required. 1. A group home that may otherwise be considered an unpermitted use may locate in the RL,RM, RMH, RH, RMP, a Specific Plan Residential, or a Specific Plan Mixed Use zone with a Special Use Permit provided: a. An application for a group home is submitted to the director by the owner/operator of the group home. The application shall provide the following: i The name, address, phone number and driver's license number of the owner/operator; ii. If the applicant and/or operator is a partnership, corporation, firm or association,then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application: (1) Every general partner of the partnership, (2) Every owner with a controlling interest in the corporation, (3) The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder; iii. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit,has had such license and/or permit revoked or suspended, and the reason therefor; iv. The name, address,phone number and driver's license number of the house manager; v. A copy of the group home rules and regulations; vi. Written intake procedures; vii. The relapse policy; viii. An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside at the group home; ix. Blank copies of all forms that all residents and potential residents are required to complete; and 25-16738/383996 2 473 ORDINANCE NO. 4341 x. A fee for the cost of processing of the application as set by resolution of the city council. No person shall open a group home or begin employment with a group home until this information has been provided and such persons shall be responsible for updating any of this information to keep it current. b. The group home has six(6) or fewer occupants, not counting a house manager,but in no event shall have more than seven (7) occupants. If the dwelling unit has a secondary accessory unit, occupants of both units will be combined to determine whether or not the limit of six (6) occupants has been exceeded. c. The group home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose. d. The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a twenty-four(24) hour basis and who are responsible for the day-to-day operation of the group home. e. All garage and driveway spaces associated with the dwelling unit shall, at all times,be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within five hundred(500) feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home. f. Occupants must not require and operators must not provide"care and supervision" as those terms are defined by Health and Safety Code section 1503.5 and section 80001(c)(3) of Title 22, California Code of Regulations. g. Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. h. If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property. i. The property must be fully in compliance with all building codes,municipal code and zoning. 25-16738/383996 3 474 ORDINANCE NO. 4341 j. At least forty-eight(48)hours prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall: i. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home; ii. Contact the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment; iii. Notify the City's Homeless Task Force or its successor panel that an occupant is no longer a resident at the home, and determine the services available therefrom; iv. Provide the information obtained from paragraphs ii and iii of this subsection B.1.j. and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon; v. Provided,however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the special use permit for that facility,the operator shall comply with paragraphs i. through iv. of this subsection B.l.j. as soon as possible. k. Prior to an occupant's eviction from or involuntary termination of residency in a group home,the operator thereof shall also: i. Make available to the occupant transportation to the address listed on the occupant's driver license, state-issued identification card, or the permanent address identified in the occupant's application or referral to the group home; ii. Provided, however,that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address,then the operator shall make available to the occupant transportation to another group ! i home or residential care facility that has agreed to accept the occupant. If the operator cannot find accommodation,the occupant must continue to house on premises until such accommodation can be found for the occupant. 25-16738/383996 4 475 ORDINANCE NO. 4341 1. The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections B.1.j. and B.1.k. of this section; provided, however,that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection B.1.k. of this section by providing remuneration to the occupant for the cost of transportation. m. All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping. n. In addition to the regulations outlined above,the following shall also apply to sober living homes: i. The sober living home is not located within one thousand (1000)feet, as measured from the closest property lines, of any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility. ii. All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home's rules and regulations,refusal to actively participate in such a program shall be cause for eviction. iii. The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause 25-16738/383996 5 476 ORDINANCE NO.4341 for eviction under the sober living home's rules for residency and the violator cannot be re-admitted for at least ninety (90) days. Any second violation of this rule shall result in permanent eviction. Alternatively,the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. iv. The number of occupants subject to the sex offender registration requirements of Penal Code section 290 does not exceed the limit set forth in Penal Code section 3003.5 and does not violate the distance provisions set forth in Penal Code section 3003. v. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. vi. The sober living home shall have a good neighbor policy that shall direct occupants 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. vii. The sober living home shall not provide any of the following services as they are defined by section 10501(a)(6) of Title 9, California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. o. An applicant may seek relief from the strict application of this section by submitting a reasonable accommodation application setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to section HBMC 17.77. 2. The special use permit shall be issued by the director as a ministerial matter if the applicant is in compliance or has agreed to comply with subsections B.1.a.through B.1.n. of this section. The issuance of the special use permit shall be denied upon a determination, and if already issued shall be denied or revoked upon a hearing,by the director that any of the following circumstances exist: 25-16738/383996 6 477 ORDINANCE NO.4341 a. Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information; b. Any owner/operator or staff person 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. c. Any owner/operator or staff person has been convicted of or pleaded nolo contendere,within the last seven(7)to ten(10)years,to any of the following offenses: i. Any sex offense for which the person is required to register as a sex offender under California Penal Code section 290 (last ten (10)years); ii. Arson offenses—Violations of Penal Code Sections 451-455 (last seven (7) years); or iii. Violent felonies, as defined in Penal Code section 667.5, which involve doing bodily harm to another person(last ten(10) years). iv. The unlawful sale or furnishing of any controlled substances (last seven(7) years). d. Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. e. The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the FHAA and FEHA. f. A special use permit for a sober living home shall also be denied upon a determination, and if already issued, any transfer shall be denied or revoked,upon a hearing,by the director that any of the following additional circumstances exist: i. Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one (1) full year of sobriety. ii. The owner/operator 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. 25-16738/383996 7 478 ORDINANCE NO. 4341 iii. The sober living home, as measured by the closest property lines, is located within one thousand (1000) feet of any other sober living home or state licensed alcoholism or drug abuse recovery or treatment facility. If a state-licensed alcoholism or drug abuse recovery or treatment facility moves within one thousand (1000) feet of an existing sober living home this shall not cause the revocation of the sober living home's permit or be grounds for denying a transfer of such permit. g. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations, including,but not limited to,failure to comply with the provisions of subsections B.l.j. through m. h. Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section,that has obtained a reasonable accommodation pursuant to HBMC 17.77. C. Effect or Denial or Revocation of Special Use Permit or Conditional Use Permit 1. Whenever an application for a Special Use Permit or Conditional Use Permit for a Sober Living Facility, Group Home, or similar facility is denied,no other similar application by such applicant or permittee will be considered for a period of five years from the date of the denial of an application. Whenever a permit has been revoked, canceled, or otherwise invalidated, no other similar application by such permittee shall be considered for a period of five years from either the date the notice of the permit revocation was mailed or the date of the final decision of the city to revoke the permit, whichever is later. The prohibitions of this subsection shall also apply to the following: a. Any individual whose Special Use Permit or Conditional Use Permit was revoked or whose application was denied who later becomes a director or officer of a corporation, profit or nonprofit, or a member of a partnership or a person owning or possessing any portion of the shares of a corporation seeking to obtain a Special Use Permit. b. A corporation, profit or nonprofit, whose Special Use Permit or Conditional Use Permit was revoked, or application was denied, to any of its directors or officers or to any person who owned any portion of its shares, who 25-16738/383996 8 479 ORDINANCE NO. 4341 attempts by way of a new corporation or using their individual names or becoming a member of a partnership or a director or officer or a person owning or possessing any portion of the shares in another corporation seeking to obtain a new Special Use Permit or Conditional Use Permit. c. A landowner who illegally leased, rented, sold, or otherwise allowed an individual or corporation to operate a non-permitted Group Home or Sober Living Home. 2. In addition to any other law,no person or entity shall be eligible for and/or receive an operator's Special Use Permit or Conditional Use Permit if that person or entity, or any director or officer of that entity or a person who owned any portion of that entity's shares, or any financial interest holder of that entity, engaged or engages in unpermitted and/or illegal activity involving medical care, addiction care,addiction recovery, and Group or Sober Home operation, in the five years preceding an application under this chapter or during the application process. A determination of ineligibility may be made by the City Manager and shall be based on the preponderance of the evidence. This prohibition shall not apply to a natural person who would otherwise be ineligible based on a criminal conviction that has been dismissed, withdrawn, expunged or set aside. D. Compliance 1. Existing Group Homes must apply for a special use permit within ninety (90) days of the effective date of this chapter. 2. Group Homes that are in existence upon the effective date of this chapter shall have one (1)year from the effective date of this chapter to comply with its provisions,provided that any existing Group Home, which is serving more than six(6) residents, must first comply with the six-resident maximum. 3. Existing Group Homes 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 one (1) additional years grace period pursuant to Planning Division approval. 25-16738/383996 9 480 ORDINANCE NO.4341 E. Transfer of Special Use Permit. Special Use Permit may not be transferred to any other person or entity.No Special Use Permit issued pursuant to this chapter shall be transferred or assigned or authorize any person other than the person or entity named in the permit to operate the group home named therein. F. A Conditional Use Permit shall be required for and may be granted to allow the operation of a Group Home, or a Residential Care Facility with seven(7) or more occupants in the RM, RMH,RH, RMP, Specific Plan Residential and Specific Plan Mixed Use Zones subject to the following conditions: 1. As measured from the property line to property line, the Group Home or Sober Living Home shall be at least one thousand(1000)feet from any other property that contains a Group Home, Sober Living Home, or State-Licensed Residential Care Facility. 2. An application for an Operator's Permit that complies with Chapter 5.110 of the Huntington Beach Municipal Code (HBMC) shall be required for and may be granted to permit the operation of a Group Home or Sober Living Home. SECTION 2. All other provisions of Chapter 230 not modified herein shall remain in full force and effect. SECTION 3.This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2025. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City ttorney '. REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Co:ynmu ity Development Director 25-16738/383996 10 481 ORDINANCE NO. 4340 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.110 OF THE HUNTINGTON BEACH MUNICIPAL CODE TITLED GROUP HOMES 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 NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 5.110.10 is hereby amended to read as follows: 5.110.01Q Definitions. The definitions set forth in Title 20 Chapter 204 of the ZSO Code shall apply to the provisions of this article unless otherwise provided for herein. SECTION 2. That Section 5.110.080 is hereby amended to read as follows: 5.110.080 Effect of Denial or Revocation. Whenever an application for a permit is denied, no other similar application by such applicant or permittee will be considered for a period of five (5) years from the date of the denial of an application. 'Whenever a permit has been revoked, canceled or otherwise invalidated, no other similar application by such permittee shall be considered for a period of five (5)years from either the date of the notice of the permit revocation was mailed or the date of the final decision of the city to revoke the permit, whichever is later. The prohibitions of this subjection shall also apply to the following: A. Any individual whose operator's permit was revoked or whose application was denied who later becomes a Director or Officer of a corporation, profit or nonprofit, or a member of a partnership or person owning or possessing any portion of the shares of a corporation seeking to obtain a new operator's permit. 482 ORDINANCE NO. 4340 B. A corporation,profit or nonprofit,whose permit was revoked, or application was denied,to any of its directors, or officers or to any person who owned any portion of its shares, who attempts by way of a new corporation or using their individual names or becoming a member of a partnership or a director or officer or a person owning or possessing any portion of the shares in another corporation seeking to obtain a new permit. C. A landowner who illegally leased, rented, sold, or otherwise allowed an individual or corporation to operate a non-permitted Group Home or Sober Living Home. SECTION 3. That Section 5.110.085 is hereby added to read as follows: 5.110.085 Ineligibility. In addition to any other law, no person or entity shall be eligible for and/or receive an operator's permit if that person or entity, or any director or officer of that entity or a person who owned any portion of that entity's shares, or any financial interest holder of that entity, engaged or engages in unpermitted and/or illegal activity involving medical care, addiction care, addiction recovery, and Group or Sober Home operation, in the five (5)years preceding an application under this Chapter or during the application process. A determination of ineligibility may be made by the City Manager and shall be based on the preponderance of the evidence. This prohibition shall not apply to a natural person who would otherwise be ineligible based on a criminal conviction that has been dismissed, withdrawn, expunged or set aside. SECTION 4. All other provisions of Title 5 not modified herein shall remain in full force and effect. SECTION 5. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2025. Mayor ATTEST: APPROVED AS TO FORM: 7—\ City Clerk City Attorney 25-16738/383879 2 1, 483 ORDINANCE NO. 4340 REVIEWED AND APPROVED: INITIATED AND APPROVED: ,/ 1 Ai City Manager Comm ity Development Director jk 25-16738/383879 3 484 INSERTIONS: 8O1d&Doubts ior�ino PEILETIONS: siiki # LEGISLATIVE DRAFT §230.28. Group Homes. A. Purpose. This section is intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of the FEHA, the FHAA and the Lanterman Act by, among other things: (1)ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Huntington Beach Municipal Code and not simply skirting the City's boarding house regulations; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing an accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4)to provide comfortable living environments that will enhance the opportunity for the disabled and for recovering addicts to be successful in their programs. B. Special Use Permit Required. 1. A group home that may otherwise be considered an unpermitted use may locate in the RL, RM, RMH, RH, RMP, a Specific Plan Residential, or a Specific Plan Mixed Use zone with a Special Use Permit provided: a. An application for a group home is submitted to the Director by the owner/operator of the group home. The application shall provide the following: i. The name, address, phone number and driver's license number of the owner/ operator; ii. If the applicant and/or operator is a partnership, corporation, firm or association,then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application: (1) Every general partner of the partnership, (2) Every owner with a controlling interest in the corporation, (3) The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder; iii. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another City, County or State under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor; iv. The name, address, phone number and driver's license number of the house manager; v. A copy of the group home rules and regulations; vi. Written intake procedures; vii. The relapse policy; 485 City of Huntington Beach,CA § 230.28 §230.28 viii. An affirmation by the owner/operator that only residents(other than the house manager)who are disabled as defined by State and Federal law shall reside at the group home; ix. Blank copies of all forms that all residents and potential residents are required to complete; and x. A fee for the cost of processing of the application as set by resolution of the City Council. No person shall open a group home or begin employment with a group home until this information has been provided and such persons shall be responsible for updating any of this information to keep it current. b. The group home has six or fewer occupants, not counting a house manager, but in no event shall have more than seven occupants.If the dwelling unit has a secondary accessory unit, occupants of both units will be combined to determine whether or not the limit of six occupants has been exceeded. c. The group home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose. d. The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a 24-hour basis and who are responsible for the day-to-day operation of the group home. e. All garage and driveway spaces associated with the dwelling unit shall,at all times, be available for the parking of vehicles.Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within 500 feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home. f. Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code Section 1503.5 and Section 80001(c)(3) of Title 22, California Code of Regulations. g. Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury,that the group home does not operate as an integral use/facility. h. If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property. i. The property must be fully in compliance with all building codes, municipal code and zoning. j. At least 48 hours prior to an occupant's eviction from or involuntary termination of residency in a group home,the operator thereof shall: i. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home; 486 City of Huntington Beach,CA §230.28 §230.28 ii. Contact the Orange County Health Care Agency OC Links Referral Line and/ or another entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment; iii. Notify the City's Homeless Task Force or its successor panel that an occupant is no longer a resident at the home, and determine the services available therefrom; iv. Provide the information obtained from paragraphs ii and iii of this subsection B.1.j. and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon; v. Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the special use permit for that facility,the operator shall comply with paragraphs i.through iv. of this subsection B.1.j. as soon as possible. k. Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also: i. Make available to the occupant transportation to the address listed on the occupant's driver license, state-issued identification card, or the permanent address identified in the occupant's application or referral to the group home; ii. Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant. If the operator cannot find accommodation,the occupant must continue to house on premises until such accommodation can be found for the occupant. 1. The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections B.1.j. and B.1.k. of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection B.1.k. of this section by providing remuneration to the occupant for the cost of transportation. m. All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping. n. In addition to the regulations outlined above,the following shall also apply to sober living homes: 487 City of Huntington Beach,CA § 230.28 §230.28 i. The sober living home is not located within 1,000 feet, as measured from the closest property lines, of any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility. ii. All occupants, other than the house manager,must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance.Under the sober living home's rules and regulations,refusal to actively participate in such a program shall be cause for eviction. iii. The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit.Any violation of this rule must be cause for eviction under the sober living home's rules for residency and the violator cannot be re-admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. iv. The number of occupants subject to the sex offender registration requirements of Penal Code Section 290 does not exceed the limit set forth in Penal Code Section 3003.5 and does not violate the distance provisions set forth in Penal Code Section 3003. v. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. vi. The sober living home shall have a good neighbor policy that shall direct occupants 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. vii. The sober living home shall not provide any of the following services as they are defined by Section 10501(a)(6)of Title 9, California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. o. An applicant may seek relief from the strict application of this section by submitting a reasonable accommodation application setting forth specific reasons as to why accommodation over and above this section is necessary under State and Federal laws,pursuant to HBMC Chapter 17.77. 488 City of Huntington Beach,CA §230.28 §230.28 2. The special use permit shall be issued by the Director as a ministerial matter if the applicant is in compliance or has agreed to comply with subsections B.1.a. through B.1.n. of this section. The issuance of the special use permit shall be denied upon a determination, and if already issued shall be denied or revoked upon a hearing, by the Director that any of the following circumstances exist: a. Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information; b. Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. c. Any owner/operator or staff person has been convicted of or pleaded nolo contendere,within the last seven to 10 years,to any of the following offenses: i. Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290 (last 10 years); ii. Arson offenses—Violations of Penal Code Sections 451-455 (last seven years); iii. Violent felonies, as defined in Penal Code Section 667.5,which involve doing bodily harm to another person (last 10 years); or iv. The unlawful sale or furnishing of any controlled substances (last seven years). d. Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. e. The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the FHAA and FEHA. f. A Special Use Permit for a sober living home shall also be denied upon a determination, and if already issued, any transfer shall be denied or revoked, upon a hearing, by the Director that any of the following additional circumstances exist: i. Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety. ii. The owner/operator 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. iii. The sober living home, as measured by the closest property lines, is located 489 City of Huntington Beach,CA §230.28 §230.28 within 1,000 feet of any other sober living home or State licensed alcoholism or drug abuse recovery or treatment facility. If a State-licensed alcoholism or drug abuse recovery or treatment facility moves within 1,000 feet of an existing sober living home this shall not cause the revocation of the sober living home's permit or be grounds for denying a transfer of such permit. g. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections B.1.j. through m. h. Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to HBMC Chapter 17.77. C. Effect of Denial or Revocation of Special Use Permit or Conditional Use Permit 1. Whenever an application for a Special Use Permit or Conditional Use Permit for a Sober Living Facility, Group Home, or similar facility is denied, no other similar application by such applicant or permittee will be considered for a period of five years from the date of the denial of an application. Whenever a permit has been revoked, canceled, or otherwise invalidated, no other similar application by such permittee shall be considered for a period of five years from either the date the notice of the permit revocation was mailed or the date of the final decision of the city to revoke the permit, whichever is later. The prohibitions of this subsection shall also apply to the following: a. Any individual whose Special Use Permit or Conditional Use Permit was revoked or whose application was denied who later becomes a director or officer of a corporation, profit or nonprofit, or a member of a partnership or a person owning or possessing any portion of the shares of a corporation seeking to obtain a Special Use Permit. b. A corporation, profit or nonprofit, whose Special Use Permit or Conditional Use Permit was revoked, or application was denied, to any of its directors or officers or to any person who owned any portion of its shares, who attempts by way of a new corporation or using their individual names or becoming a member of a partnership or a director or officer or a person owning or possessing any portion of the shares in another corporation seeking to obtain a new Special Use Permit or Conditional Use Permit. c. A landowner who illegally leased, rented, sold, or otherwise allowed an individual or corporation to operate a non-permitted Group Home or Sober Living Home. 2. In addition to any other law, no person or entity shall be eligible for and/or receive an operator's Special Use Permit or Conditional Use Permit if that person or entity, or any director or officer of that entity or a person who owned any portion of that entity's shares, or any financial interest holder of that entity, en• . •ed or en'a'e in un i ermitted and or ille.al activi in 11 in' medical care addiction care, addiction recovery, and Group or Sober Home operation, in the five years preceding an application under this chapter or during the application 490 City of Huntington Beach,CA §230.28 § 230.28 process. A determination of ineligibility may be made by the City Manager and shall be based on the preponderance of the evidence. This prohibition shall not apply to a natural person who would otherwise be ineligible based on a criminal conviction that has been dismissed,withdrawn, expunged or set aside. D. Compliance. 1. Existing group homes must apply for a special use permit within 90 days of the effective date of the ordinance codified in this section. 2. Group homes that are in existence upon the effective date of the ordinance codified in this section shall have one year from the effective date of the ordinance codified in this section to comply with its provisions, provided that any existing group home, which is serving more than six residents, must first comply with the six-resident maximum. 3. Existing group homes obligated by a written lease exceeding one 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 one additional years grace period pursuant to Planning Division approval. D-E. Transfer of Special Use Permit.A Special Use Permit may not be transferred to any other person or entity.No Special Use Permit issued pursuant to this section shall be transferred or assigned or authorize any person other than the person or entity named in the permit to operate the group home named therein. EL:F. A Conditional Use Permit shall be required for and may be granted to allow the operation of a group home, or a residential care facility with seven or more occupants in the RM, RMH, RH, RMP, Specific Plan Residential and Specific Plan Mixed Use Zones subject to the following conditions: 1. As measured from the property line to property line, the group home or sober living home shall be at least 1,000 feet from any other property that contains a group home, sober living home, or State-licensed residential care facility. 2. An application for an Operator's Permit that complies with Chapter 5.110 of the Huntington Beach Municipal Code (HBMC) shall be required for and may be granted to permit the operation of a group home or sober living home. (4216-8/20) 491 *JSER I IONS:• 1]� DELE LEGISLATIVE DRAFT CHAPTER 5.110 GROUP HOMES § 5.110.010. Definitions. The definitions set forth in Title 20 Chapter 2043 of the ZSO Code shall apply to the provisions of this chapter unless otherwise provided for herein. (4213-8/20) §5.110.020. Zoning Regulations. In addition to the requirements of this chapter,all group homes subject to this chapter shall comply with the requirements set forth in Title 23 Section 230.28 of the ZSO Code. (4213-8/20) §5.110.030. Operator's Permit Required. It is unlawful for any person to operate, or to permit any person to operate, a group home on any property located within the RL,RM,RMH,RH, RMP, Specific Plan Residential or Specific Plan Mixed Use zone, without a valid permit issued for that group home pursuant to the provisions of this chapter. (4213-8/20) §5.110.040. Exceptions. The requirements of this chapter shall not apply to: A. A group home that has six or fewer occupants, not counting a house manager, and that is in compliance with the applicable provisions of Title 23 Section 230.28 of this Code; B. A State licensed alcoholism or drug abuse recovery or treatment facility; or C. A State licensed residential care facility. (4213-8/20) §5.110.050. Requirements for Issuance of Operator's Permit. A. The owner/operator shall submit an application to the Finance Director that provides the following information: 1. The name, address,phone number and driver's license number of the owner/operator; 2. A LiveScan of the operator and/or house manager; 3. If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application: a. Every general partner of the partnership, b. Every owner with a controlling interest in the corporation, and 492 c. The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder; 4. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor; 5. The name, address,phone number and driver's license number of the house manager; 6. A copy of the group home rules and regulations; 7. Written intake procedures; 8. The relapse policy; 9. An affirmation by the owner/operator that only residents(other than the house manager) who are disabled as defined by State and Federal law shall reside at the group home; 10. Blank copies of all forms that all residents and potential residents are required to complete; and 11. A fee for the cost of processing of the application as set by resolution of the City Council. B. Requirements for Operation of group Homes. 1. The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a 24-hour basis and who are responsible for the day-to-day operation of the group home. 2. All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within 500 feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home. 3. Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code Section 1503.5 and Section 80001(c)(3) of Title 22, California Code of Regulations. 4. Integral group home facilities are not permitted.Applicants shall declare, under penalty of perjury,that the group home does not operate as an integral use/facility. 5. If the group home operator is not the property owner,written approval from the property owner to operate a group home at the property. 6. At least 48 hours prior to eviction from or involuntary termination of residency in a group home, the operator thereof shall: a. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home; 493 b. Contact the Orange County Health Care Agency OC Links Referral Line or other entity designated by the City to determine the services available to the occupant, including,but not limited to, alcohol and drug inpatient and outpatient treatment; c. Notify the City's Homeless Task Force or its successor panel that an occupant is no longer a resident at the home, determine the services available therefrom; and d. Provide the information obtained from paragraphs b and c of this subsection(B)(6) and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon; e. Provided,however,that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the special use permit for that facility, the operator shall comply with paragraphs a though e of this subsection(B)(6) as soon as possible. 7. Prior to an occupant's eviction from or involuntary termination of residency in a group home,the operator thereof shall also: a. Make available to the occupant transportation to the address listed on the occupant's driver license, state issued identification card, or the permanent address identified in the occupant's application or referral to the group home; b. Provided, however, that should the occupant decline transportation to his or her p p permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant. The group home operator shall maintain records foraperiod of oneyear following g o p p eviction from or involuntary termination of residency of an occupant that document compliance with subsections (A)(7) and (A)(8) of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of State or Federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection (A)(8) by providing remuneration to the occupant for the cost of transportation. 9. All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to,those provisions regulating licensure and parking, standing and stopping. 10. The property must be fully in compliance with all building codes, municipal code and zoning. 11. In addition to the regulations outlined above, the following shall also apply to sober living homes: a. All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain 494 current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for • eviction. b. The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home's rules for residency and the violator cannot be re-admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. c. The number of occupants subject to the sex offender registration requirements of Penal Code Section 290 does not exceed the limit set forth in Penal Code Section 3003.5 and does not violate the distance provisions set forth in Penal Code Section 3003. d. The sober livinghome shall have a written visitation policythat shallpreclude any visitors who are under the influence of any drug or alcohol. e. The sober living home shall have a good neighbor policy that shall direct occupants 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. f. The sober living home shall not provide any of the following services as they are defined by Section 10501(a)(6) of Title 9, California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. C. An applicant may seek relief from the strict application of this section by submitting an application to the Community Development Director setting forth specific reasons as to why accommodation over and above this section is necessary under State and Federal laws, pursuant to Chapter 17.77 of this Code. D. The permit operator's shall be issued by the Director if the applicant is in compliance, or, where applicable,has agreed to comply,with the requirements of subsections A and B above. E. In addition to denying an application for failing to comply,or failing to agree to comply,with subsections A and/or B of this section, an operator's permit shall also be denied, and if already issued shall be revoked upon a hearing by the Director, under any of the following 495 circumstances: 1. Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information. 2. Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. 3. Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven to 10 years,to any of the following offenses: a. Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290 (last 10 years); b. Arson offenses—Violations of Penal Code Sections 451-455 (last seven years); c. Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last 10 years); or d. The unlawful sale or furnishing of any controlled substances (last seven years). 4. Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. 5. The owner/operator accepts residents, other than a house manager,who are not disabled or disabled as defined by the FHAA and FEHA. 6. An operator's permit for a sober living home shall also be denied, and if already issued shall be revoked upon a hearing by the Director, under any of the following additional circumstances: a. The owner/operator 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. b. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations. (4213-8/20) § 5.110.060. Transfer of Operator's Permit. A. An operator's permit shall not be valid for a location other than the property for which it is issued, unless and until the transfer of the permit is approved by the Finance Director pursuant to the requirements of Section 5.110.060. B. An operator's permit may not be transferred to any other person or entity. No operator's permit issued pursuant to this chapter shall be transferred or assigned or authorize any person or entity other than the person or entity named in the permit to operate the group home named 496 therein. (4213-8/20) §5.110.070. Revocation of Operator's Permit. An operator's permit may be revoked upon a hearing by the Finance Director pursuant to Section 5.08.300 for failing to comply with the terms of the permit and/or for failing to comply with the applicable provisions of Section 5.110.050. (4213-8/20) §5.110.080. Effect of Denial or Revocation. Whenever an application for a permit is denied,no other similar application by such applicant or permittee will be considered for a period of five years from the date of the denial of an application. Whenever a permit has been revoked,canceled,or otherwise invalidated,no other similar application by such permittee shall be considered for a period of five years from either the date the notice of the permit revocation was mailed or the date of the final decision of the city to revoke the permit,whichever is later.The prohibitions of this subsection shall also apply to the following: A. Any individual whose operator's permit was revoked or whose application was denied who later becomes a director or officer of a corporation,profit or nonprofit,or a member of a partnership or a person owning or possessing any portion of the shares of a corporation seeking to obtain a new operator's permit.An applicant for an operator's permit whose application for such ator's permit for a period of six months f the .late s ,ch,notice of de„ial . ea B. A corporation, profit or nonprofit, whose permit was revoked, or application was denied, to any of its directors or officers or to any person who owned any portion of its shares, who attempts by way of a new corporation or using their individual names or becoming a member of a partnership or a director or officer or a person owning or possessing any portion of the shares in another corporation seeking to obtain a new permit. ^ holder of a operator's permit that has been cancelled, revoked, or otherwise invalidated may not reapply for an operator's or a user's permit for a period of six months from the date that such revocation, cancellation, or invalidatien-beeame-finah C. A landowner who illegally leased, rented, sold, or otherwise allowed an individual or corporation to operate a non-permitted Group Home or Sober Living Home. §5.110.085 Ineligibility, In addition to any other law;no person or entity shall be eligible for and/or receive an operator's permit if that person or entity,or any director or officer of that entity or a person who owned any portion of that entity's shares,or any financial interest holder of that entity,engaged or enp± _ 't unpermitted and/or illegal activity involving medical care,addiction care,addiction recovery,and Group or Sober Home operation,in the five years preceding an application under this chapter or during the application process.A determination of ineligibility may be made by the City Manager and shall be based on the preponderance of the evidence.This prohibition shall not apply to a natural person who would otherwise be ineligible based on a criminal conviction that has been dismissed, withdrawn,expunged or set aside. 497 §5.110.090. Compliance. A group home that is subject to the provisions of this chapter that is in existence as of the effective date of the ordinance codified in this chapter shall have 120 days to comply with the provisions of this chapter. (4213-8/20) 498 oNG . CITY OF i' s_; HUNTINGTON BEACH v?cFc�UNTY CP�\o�,,} City Council Meeting - Council Member Items Report To: City Council From: Pat Burns, Mayor and Don Kennedy, Councilman Date: May 6, 2025 Subject: SOBER LIVING HOME ORDINANCE AMENDMENT ISSUE STATEMENT On July 20, 2020, the Huntington Beach City Council adopted the Group Homes Ordinance [Nos. 4214, 4212, 4215, and 4213] amending the Huntington Beach Zoning and Subdivision Ordinance and Municipal Code. The Group Homes Ordinance established regulations for Group Homes, Sober Living Homes, and Residential Care Facilities (together: Group Homes) striking a balance between the interests of the City, its residents, and residents of Group Homes. Effective implementation of the City's Group Homes Ordinance has been hampered due to a number of sober living homeowners/operators who are either operating without the required permits or are in violation of the conditions outlined in their existing permits. Unpermitted or non- compliant facilities create public safety issues, neighborhood quality of life issues, and the level of care being provided to residents of Group Homes is compromised when the law is not followed. I request the City Attorney and City Manager draft an amendment of the current Group Home Ordinance to ensure greater accountability among sober living homeowners/operators. The intent is to amend the Group Homes Ordinance to prevent owners/operators from applying or re-applying for permit(s)for five years once they have been found to be operating unlawfully. RECOMMENDED ACTION Direct the City Manager and City Attorney to amend the Group Homes Ordinance to prevent owners/operators from applying or re-applying for Group Home permit(s)for five years once they have been found to be operating unlawfully and agendize the Ordinance for Planning Commission review and City Council review and approval. ENVIRONMENTAL STATUS Not applicable. STRATEGIC PLAN GOAL Not Applicable-Administrative Item. 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov 499 PLANNING COMMISSION STAFF REPORT SUBMITTED TO: Planning Commission; SUBMITTED BY: Jennifer Villasenor, Director of Community Development PREPARED BY: Jason Kelley, Senior Planner SUBJECT: ZONING TEXT AMENDMENT NO. 25-003 (REAPPLICATION PROCESS FOR GROUP HOMES) REQUEST: To amend Section 230.28 (Group Homes) of the Huntington Beach Zoning and Subdivision Ordinance to prohibit a group home from reapplying for permits for five years from the date of the denial or revocation of a permit. LOCATION: Citywide APPLICANT: City of Huntington Beach PROPERTY OWNER: Various RECOMMENDATION: That the Planning Commission take the following actions: A) Find the project exempt from additional environmental review pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. B) Recommend approval of Zoning Text Amendment (ZTA) No. 25-003 to the City Council with suggested findings (Attachment No. 1). ALTERNATIVE ACTION(S): A) Recommend denial of Zoning Text Amendment No. 25-003 with findings for denial; or B) Continue Zoning Text Amendment No. 25-003 and direct staff accordingly. I 500 PROJECT PROPOSAL: (Background: On July 20, 2020, the City Council adopted the Group Homes Ordinance amending the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and the Municipal Code (HBMC)to establish regulations for group homes, sober living homes and residential care facilities. Since the adoption of the Ordinance, there have been sober living facilities that are either operating without the required permits or are in violation of the conditions of approval outlined in their permit. To ensure greater accountability among sober living facilities, the City Council directed staff(Attachment No. 6) to draft an amendment to the HBZSO and the HBMC to prevent group homes from applying or reapplying for a permit for five years once they have been found to be operating unlawfully. ZTA No. 25-003 represents a request to amend Section 230.28 of the HBZSO to prohibit a group home from reapplying for permits for five years from the date of the denial or revocation of a permit. A draft CityCouncil ordinance (Attachment No. 2) along with a legislative draft (Attachment No. 4) of the amendment are provided. In the legislative draft, bold and underlined indicates new text; strikeout indicates removal of text. There is an accompanying amendment to Section 5.110 of the HBMC that will be presented to City Council only together with the Planning Commission's recommendation on ZTA No. 25-003. The draft City Council ordinance (Attachment No. 3) and legislative draft (Attachment No. 5) of the HBMC amendment are provided for reference only and not for Planning Commission review or recomm endation. ISSUES AND ANALYSIS: ( I General Plan Conformance: The proposed zoning text amendment is consistent with the policies of the City's General Plan including: Land Use Element: Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Housing Element: Policy H-1.1: Preserve the character, scale, and quality of established residential neighborhoods. The proposed ZTA introduces language to Section 230.28 to strengthen enforcement against unlawful group homes to protect residential neighborhoods and the residents of these facilities. Specifically, the amendment establishes a five-year prohibition on 501 applying or reapplying for a Special Use Permit or Conditional Use Permit for any group home found to be operating in violation of applicable laws or zoning regulations. Additionally, the amendment defines all categories of group home operators — including owners, operators, individuals, corporations, and landowners—to prevent circumvention of the five-year restriction through changes in ownership or management structure. Zoning Compliance: The ZTA amends the HBZSO by introducing regulations for group homes whose permits have been denied or revoked in Section 230.28 (C) Effect of Denial or Revocation of Special Use Permit or Conditional Use Permit. It provides additional reinforcement to hold owners and operators accountable with their uses in residential neighborhoods and ensure a high quality of life for the community as well as residents of these facilities.; 1 Environmental Status: ZTA No. 25-003 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. Coastal Status: IThe proposed amendment will be forwarded to the California Coastal Commission as a minor Local Coastal Program Amendment for certification. Other Departments Concerns and Requirements: [The proposed amendments to the City's existing ordinance were prepared with input from the City Attorney's Office. 1 Public Notification: Legal notice was published in the Huntington Beach Wave on Thursday, July 31, 2025, and notices were sent to individuals/organizations requesting notification (Planning Division's Notification Matrix). In lieu of sending notices to all property owners within the City, a minimum 1/8 page advertisement was published. As of August 19, 2025, no communication regarding this request has been received. SUMMARY: IStaff recommends that the Planning Commission recommend approval of Zoning Text Amendment No. 25-003 with suggested findings and forward to the City Council based on the following: • It addresses a community need to prevent group homes from applying or reapplying for a group home permit for five years once they have been found to be operating unlawfully; and • Consistent with General Plan Policies. I ATTACHMENTS: a- (Suggested Findings of Approval ZTA No. 25 003 2. Draft Ordinance Group Homes ZTA No. 25 003 502 3 Draft Ordinance Chanter 110 Group Homes (Reference Only\ 4. Sect r230,2 Q _ Groue Homec I egislative Drat 5 Cirunes[r 5 110 Groun Hermes I egislative Draft (Reference Only) 6. City Council H Item dated May 6, 2025 7. PowerPoint Presentation' 503 "CI N GZONING TEXT ,,.....,, T 0 Nth, _. •c.,0RP0RAr 'IN '�► __ _ ___ ._________ ,_ _ __., AMENDMENT NO . 25-003 , ________f ''`r' ", 0. 170, II\ iir .4I0 GROUP HOMES ., �r r .�. • 40000aliw,„ ak"b' e �� Q► CityCouncil Meeting i, 17, 1g09 , w 1 ''•''"'`''' ' September 16, 2025 prICA)'\°.\ � V IVT iisw , 40tio o►,r r/ 504 REQU EST • Zoning Text Amendment (ZTA) No. 25-003 - Amend Section 230.28 of the HBZSO to prohibit a group home operator from reapplying for permits for five years from the date of the denial or revocation of a permit • An amendment to Municipal Code Chapter 5. 110 is also proposed to incorporate the same provisions / 4/ \ ,ATVNG7 o-N 1tir 4c-\ 505 PURPOSE & BACKGROUND • In July 2020, the City adopted the Group Home Ordinance. • The ordinance established permitting requirements for all types of group home facilities. • Since the adoption, some sober living facilities have been operating without permits or are in violation of the conditions of approval. • In May 2025, City Council directed staff to amend the ordinance to regulate operators in violation of the ordinance. _ Ii ,\ATINGto IllO<c �aeoi)`N FZ 11 c.a -Ts 1 "OGU ', NT' 0ii 506 GROUP HOME AMENDMENT • Section 230.28 (C) Effect of Denial or Revocation of Special Use Permit or Conditional Use Permit • Defines all types of group home operators (individual, corporation, landowner) that are subject to the ordinance • Prohibits applying or re-applying for a Special Use Permit or Conditional Use Permit within a five-year period if operator is found in violation of the ordinance ANT I NGTO,y “! � 'c' z Ix' ‘)",*:.• . SS C7UNTV: �` i 507 RECOMMENDATION • The Planning Commission held a hearing on ZTA No. 25-003 on August 26, 2025. • Planning Commission and staff recommend approval of ZTA No. 25-003 and accompanying Muni Code amendment based on the following: • Exempt from CEQA pursuant to Class 20 — minor admendments • Consistent with General Plan policies • Updates the HBZSO to prevent unlawful operators • Addresses community need to further protect neighborhoods ;� °° °?�F� 9 \ and facility residents from operators in violation of the , ordinance ,,, 508 N� .�._""`"''` tea^a Questions ? ''. i —:-...-.P.,;1 ii.. , ...,....14,,,„ ....:. .,.., ......., ,. iggq9 gg _s lPil.,)1;1.-:',7.',-,:44.770 -,,,.' - itk \‘ ,, -,,, � a'K xY- ',rli ' - ;441rj • -Tr:ArW41.„?~A -:"'''''''' ' 509