Costa Mesa: A Case Study Regulating Sober Living Homes In Residential Zones Presented by Tarquin Preziosi City Attorney’s Office City of Costa Mesa

Current Statistics Approximately 172 sober living facilities located in the residential zones ◦ DHCS licensed alcoholism/drug abuse recovery/treatment facilities ◦ Non-state licensed sober living homes 28.9% of state licensed drug and alcohol treatment facilities in Orange County located in Costa Mesa ◦ An estimated 1,586 alcohol and drug recovery beds

Costa Mesa Ordinances: R1 Zone (single family) Group Home includes ◦ DHCS licensed alcoholism/drug abuse recovery/treatment facilities ◦ DSS licensed group homes ◦ Non-licensed group homes, including “sober living homes” All group homes limited to 6 occupants Special Use Permit required for non-state licensed group homes Non-state licensed SLH must be separated by 650’

Costa Mesa Ordinances: MFR Zones (multi-family) Special Use Permit required for non-state licensed group homes of six or fewer Conditional Use Permit required for all Group Homes of 7 or more, including ◦ DHCS licensed alcoholism/drug abuse recovery/treatment facilities ◦ 650’ separation requirement Separate operator’s permit required for non-state licensed group homes

Resulting Lawsuits Solid Landings v. Costa Mesa (federal case) ◦ Largest operator in City, approximately 33 group homes ◦ Challenged the R1 ordinance in federal court primarily under FHA & ADA ◦ District court ruled in City’s favor ◦ Solid Landings appealed to 9 th Circuit ◦ December 2015: 9 th Circuit enjoins enforcement of the R1 ordinance ◦ Briefing not yet completed

Resulting Lawsuits, cont’d. Yellowstone v. Costa Mesa ◦ Requested a “reasonable accommodation” to be exempted from R1 ordinance's requirement of 6 or fewer occupants ◦ Request denied by Planning Commission ◦ Challenged the R1 ordinance in federal court primarily under FHA & ADA ◦ City prevailed twice, plaintiffs filed third amended complaint ◦ Case currently stayed pending 9 th Circuit decision in Solid Landings

Resulting Lawsuits, cont’d. Solid Landings v. Costa Mesa (state case) ◦ Had been operating a group counseling center in a commercial zone without a CUP ◦ Ultimately, applied for CUP, but denied by City Council ◦ Files writ action to overturn denial ◦ City cross-complains; brings nuisance abatement action to enjoin this use

Settlement: Solid Landings Close 15 homes within 30 days Close 18 remaining homes over the next 2-3 years 2 group counseling centers (non- residential) to remain Mutual dismissal of lawsuits No payment of costs or attorneys fees

Solid Landings Settlement Results An approximate 19% reduction in the number of group homes in Costa Mesa based on current statistics Resolves one challenge to the City’s ordinance Yellowstone lawsuit still pending