Fountain Valley City Zoning Code
CHAPTER 21
29 GROUP HOMES
§ 21.29.010 Purpose.
This chapter 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 Fountain Valley 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 persons with disabilities that is reasonable and actually bears some resemblance to the opportunities afforded non-handicapped 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 persons with disabilities and for recovering addicts to be successful in their programs.
(Ord. 1607, 1/30/2024)
§ 21.29.020 Definitions.
The definitions in Chapter 4.35 shall apply to this chapter. To the extent those definitions conflict with any other provision in the municipal code, the definitions in Chapter 4.35 shall control for purposes of this chapter.
(Ord. 1607, 1/30/2024)
§ 21.29.030 Special use permit required for R1 zone.
(a)
A group home that may otherwise be considered an unpermitted use may locate in an R1 zone with a special use permit provided:
(1)
An application for a group home is submitted to the community development director, or his or her designee, by the owner/operator of the group home. The application shall provide the following:
(A)
The name, address, phone number and driver's license number of the owner/operator;
(B)
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:
(i)
Every general partner of the partnership,
(ii)
Every owner with a controlling interest in the corporation,
(iii)
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;
(C)
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;
(D)
The name, address, phone number and driver's license number of the house manager;
(E)
A copy of the group home rules and regulations;
(F)
Written intake procedures;
(G)
The relapse policy;
(H)
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;
(I)
Blank copies of all forms that all residents and potential residents are required to complete; and
(J)
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)
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.
(2)
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 an accessory dwelling unit (ADU), occupants of both units will be combined to determine whether or not the limit of six occupants has been exceeded.
(3)
The group home shall not be located in an ADU unless the primary dwelling unit is used for the same purpose.
(4)
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-hour basis and who are responsible for the day-to-day operation of the group home.
(5)
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 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.
(6)
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.
(7)
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.
(8)
If the group home operator is not the property owner, the application must include written approval from the property owner to operate a group home at the property.
(9)
The property must be in full compliance with all building codes, municipal codes, and zoning.
(10)
At least forty-eight hours prior to an occupant's 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;
(B)
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;
(C)
Notify the Fountain Valley police department that an occupant is no longer a resident at the home, and determine the services available therefrom;
(D)
Provide the information obtained from paragraphs (B) and (C) of this subsection (b)(10) 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 of Fountain Valley as part of the special use permit for that facility, the operator shall comply with paragraphs (A) through (D) of this subsection (b)(10) as soon as possible.
(11)
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 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.
(12)
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)(10) and (b)(11) 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)(11) of this section by providing remuneration to the occupant for the cost of transportation.
(13)
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.
(14)
In addition to the regulations outlined above, the following shall also apply to sober living homes:
(A)
The sober living home is not located within six hundred fifty 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.
(B)
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.
(C)
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 ninety 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.
(D)
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.
(E)
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.
(F)
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.
(G)
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.
(15)
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 Section 21.08.060 of Chapter 21.08 of Title 21 of this Code.
(c)
The special use permit shall be issued by the community development director as a ministerial matter if the applicant is in compliance, or has agreed to comply, with subsections (b)(1) through (b)(14) of this section. At least ten days prior to issuing a special use permit, the community development director, or his or her designee, shall cause written notice to be mailed to the owner of record and occupants of all properties within five hundred feet of the location of the group home. Prior to issuance of the special use permit, the community development director, or his or her designee, shall hold a public hearing for the purpose of receiving information regarding compliance with the applicable provisions of subsections (b) and (c) 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 community development director that any of the following circumstances exist:
(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; failing a drug test; 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 ten 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 ten years);
(B)
Arson offenses—Violations of Penal Code Sections 451 through 455 (last seven years);
(C)
Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last ten years);
(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 as defined by the FHAA and FEHA.
(6)
A special use permit for a sober living home shall also be denied upon a determination, and if already issued, shall be revoked, and any transfer shall be denied or revoked, upon a hearing by the community development director, or his or her designee, that any of the following circumstances exist:
(A)
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.
(B)
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.
(C)
The sober living home, as measured by the closest property lines, is located within six hundred fifty 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 six hundred fifty 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.
(7)
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)(10) through (13).
(8)
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 Section 21.08.060.
(Ord. 1607, 1/30/2024)
§ 21.29.035 Compliance for group homes in R1 zone.
(a)
Existing group homes in the R1 zone must apply for a special use permit within ninety days of the effective date of the ordinance codified in this chapter.
(b)
Group homes that are in existence upon the effective date of this chapter shall have one year from the effective date of this chapter to comply with its provisions, provided that, any existing group home serving more than six residents, must first comply with the six-resident maximum.
(c)
Existing group homes obligated by a written lease exceeding one year from the effective date of this chapter, 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 approval of the community development director or his or her designee.
(Ord. 1607, 1/30/2024)
§ 21.29.040 Group homes in the GH, R2, R3 and R4 residential zones with six or fewer occupants.
(a)
A special use permit shall be required for the operation of a group home, including a sober living home, with six or fewer occupants in the GH, R2, R3 and R4 zones subject to the following requirements:
(1)
The application for, and operation of, the group home complies with subsections (b)(1), (b)(2) and (b)(4) through (b)(14) of Section 21.29.030.
(2)
The application includes a live scan of the house manager and/or operator of the group home.
(3)
The group home or sober living home is at least six hundred fifty feet from any other property, as defined in section 4.35.010, that contains a group home, sober living home or state-licensed drug and alcohol treatment facility, as measured from the property line.
(b)
The community development director may issue, revoke, or deny a special use permit for a group home, including a sober living home subject to this chapter, pursuant to the procedures and requirements of Section 21.29.030.
(c)
An applicant may seek relief from the strict application of this section by submitting an application to the planning commission setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to Section 21.08.060.
(Ord. 1607, 1/30/2024)
§ 21.29.050 Conditional use permit required for group homes, residential care facilities and drug and alcohol treatment facilities in the GH, R2, R3, and R4 zones with seven or more occupants.
A conditional use permit shall be required for the operation of a group home, state-licensed residential care facility or state-licensed drug and alcohol treatment facility with seven or more occupants in the GH, R2, R3, and R4 zones subject to the following conditions:
(a)
The requirements of Chapter 21.36, Conditional Use Permits, of this title have been met, including, but not limited to, the findings required by Section 21.36.050.
(b)
The group home, residential care facility or state-licensed drug and alcohol treatment facility is at least six hundred fifty feet from any property, as defined in Section 21.29.040, that contains a group home, sober living home or state-licensed drug and alcohol treatment facility, as measured from the property line, unless the reviewing authority determines that such location will not result in an over-concentration of similar uses.
(c)
The applicant obtains an operator's permit as required by 4.35.025, except that this requirement shall not apply to any state-licensed residential care facility or state-licensed drug and alcohol treatment facility.
(Ord. 1607, 1/30/2024)
§ 21.29.060 Compliance.
(a)
Group homes in the GH, R2, R3, and R4 zones with six or fewer occupants that are in existence upon the effective date of the ordinance codified in this chapter may continue to operate subject to the following:
(1)
A complete application for a special use permit is filed within ninety days of the effective date of this chapter; and
(2)
The group home is in full compliance with all of the conditions of this chapter within one year of its effective date. Notwithstanding the foregoing, existing group homes obligated by a written lease exceeding one year from the effective date of the chapter, 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 year grace period pursuant to approval from the community development director or his or her designee.
(b)
Group homes, state-licensed residential care facilities and state-licensed drug and alcohol treatment facilities in the GH, R2, R3, and R4 with seven or more occupants that are in existence upon the effective date of this chapter may continue to operate subject to the following:
(1)
The operator of a group home obtains an operator's permit pursuant to Chapter 4.35 within one hundred twenty days from the effective date of this chapter; and
(2)
The group home, state-licensed residential care facility and/or state-licensed drug and alcohol treatment facility is in full compliance with all conditions of this chapter, including obtaining a conditional use permit, within one year from the effective date of this chapter. Notwithstanding the foregoing, an existing group home, state-licensed residential care facility and/or state-licensed drug and alcohol treatment facility obligated by a written lease exceeding one year from the effective date of the chapter, 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 year grace period pursuant to approval from the community development director or his or her designee.
(Ord. 1607, 1/30/2024)
