This section is intended to preserve the residential character of residential neighborhoods and further the purposes of the California Fair Employment and Housing Act (FEHA), the Fair Housing Act Amendments (FHAA), and the Lanterman Developmental Disabilities Services Act by, among other things: (1) ensuring group homes receive the special accommodations and/or additional accommodations to which they are entitled under applicable federal and state laws and the Buena Park Municipal Code; (2) limiting the secondary impacts of group homes on residential neighborhoods, such as noise and traffic, and preserving the safety and providing adequacy of on-street parking; (3) providing accommodations for disabled individuals that are reasonable and afford opportunities to use and enjoy dwelling units located in single-family neighborhoods; and (4) to provide comfortable living environments that enhance the opportunity for disabled individuals or those in recovery to be successful in their treatment programs.
(Ord. 1716 § 1, 2023)
"Director"
means the director of community development that is tasked with administering and interpreting the provisions of this chapter.
"Disabled"
shall have the meaning more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance.
"Group home"
means a facility that is being used as a supportive living environment for persons who are considered disabled under state or federal law.
"House manager"
means the person, or group of persons, that is present at the group home on a twenty-four-hour basis and is responsible for the day-to-day operation of the group home. The house manager may be the operator, or a duly authorized representative of the operator.
"Integral facilities"
means any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility.
"Operator"
means a company, business or individual who provides residential services, i.e., the placement of individuals in a residence, setting of house rules, and governing behavior of the residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management and leasing of the property, and that does not otherwise meet the definition of operator.
"Single housekeeping unit"
means that the occupants of a dwelling unit have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, and expenses and responsibilities; membership in the single housekeeping unit is fairly stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a nonprofit basis. There is a rebuttable presumption that integral facilities do not constitute single housekeeping units. Additional indications that a household is not operating as a single housekeeping unit include, but are not limited to: the occupants do not share a lease agreement or ownership of the property; members of the household have separate, private entrances from other members; members of the household have locks on their bedroom doors; members of the household have separate food storage facilities, such as separate refrigerators.
"Sober living home"
means a group home for persons who are recovering from a drug and/or alcohol addiction and who are considered disabled under state or federal law.
(Ord. 1716 § 1, 2023)
In addition to the requirements of this chapter, all group homes shall comply with all applicable requirements of Title 19 (Zoning) of the Buena Park Municipal Code.
(Ord. 1716 § 1, 2023)
A. 
It is unlawful for any person to operate, or to permit any person to operate, a group home in any residential zoning district, residential planned community, or specific plan area zoned for residential uses, in violation of any provision of this chapter and without a valid permit issued for that group home pursuant to the provisions of this chapter.
B. 
The requirements of this chapter shall not apply to: (1) a group home that has six or fewer occupants, not counting a house manager, and that is in compliance with the applicable provisions of this code and the Buena Park Zoning Code (if the dwelling unit has an accessory dwelling unit, occupants of both the primary unit and any accessory dwelling unit shall be combined for purposes of determining total occupancy); (2) a state licensed alcoholism or drug abuse recovery or treatment facility; (3) a state licensed residential care facility, or community residential care facility as defined by Section 19.107.080 of the Buena Park Zoning Code; or (4) any group home operating as a single housekeeping unit.
(Ord. 1716 § 1, 2023)
A. 
Application. The owner/operator shall submit an application for an operator permit to the director on the form provided by the city and provide all of the following information:
1. 
The name, address, phone number and driver's license number of the owner/operator and, if different from the owner/operator, the name, address, phone number and driver's license number of the house manager;
2. 
A LiveScan of the operator and, if different from the operator, the 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 (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/operator, including whether such applicant/operator, in previously operating a similar use in this or another city, county or state under a license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor;
5. 
A copy of the group home's written rules and regulations, intake procedures, and relapse policy (if applicable), which shall be consistent and demonstrate compliance with the operating standards and requirements of this chapter where applicable;
6. 
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;
7. 
Blank copies of all forms that all occupants and potential occupants are required to complete;
8. 
A declaration, under penalty of perjury, that the group home does not operate as an integral use/facility;
9. 
If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property;
10. 
Affirmation from the applicant/operator that if the permit is issued the group home will be operated in compliance with the applicable provisions of this chapter;
11. 
A fee for the cost of processing of the application in an amount not to exceed the city's actual costs of processing the application, as may be set from time to time by resolution of the city council.
B. 
Issuance. The operator permit shall be issued by the director as a ministerial matter if the application includes the information required by subsection A of this section, and the operator has agreed to comply with applicable provisions of this chapter.
C. 
Request for Accommodation. An applicant for an operator permit may seek relief from the strict application of this section by submitting an application to the director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to Chapter 19.1010 of the Buena Park Zoning Code.
D. 
Expiration. A permit issued under this chapter shall expire and be of no further force or effect if any time after issuance the use or activity for which the permit was issued is discontinued or abandoned for a period of six consecutive months.
(Ord. 1716 § 1, 2023)
A. 
A group home shall have a house manager who resides at the group home, or any multiple of persons acting as a house manager, who is present at the group home on a twenty-four-hour basis and is responsible for the day-to-day operation of the group home.
B. 
All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Occupants and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within three hundred feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for an occupant of the group home.
C. 
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.
D. 
Integral group home facilities are not permitted.
E. 
The property, all dwelling units, and all improvements located on the property shall fully comply with all building codes, the Buena Park Municipal Code, and the Buena Park Zoning Code.
F. 
A group home shall not be located in an accessory dwelling unit unless the primary dwelling unit is used for the same purpose.
G. 
At least forty-eight hours prior to eviction from or involuntary termination of residency in a group home, the operator thereof shall:
1. 
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;
2. 
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;
3. 
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; and
4. 
Provide the information obtained from subsections 1 through 3 of this subsection G 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.
H. 
The requirements of subsection G above shall not apply if the occupant's behavior results in immediate termination of residency pursuant to rules and policies provided to the city as part of the application, provided that the operator shall comply with subsection G above as soon as possible.
I. 
Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator shall 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; provided, however, that if the occupant declines transportation to his or her permanent address or otherwise has no permanent address, the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant.
J. 
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.
K. 
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 documents compliance with subsections G through I 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.
L. 
In addition to the regulations outlined above, the following shall also apply to sober living homes:
1. 
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.
2. 
The sober living home's rules and regulations must prohibit the use of any alcohol or drugs except as prescribed by a physician (or over the counter as intended) at the sober living home or by any occupant 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.
3. 
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.
4. 
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.
5. 
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.
6. 
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.
(Ord. 1716 § 1, 2023)
A. 
In addition to denying an application for failing to comply, or for an applicant's failing to agree to comply, with sections 5.68.050 through 5.68.060 of this chapter, as applicable, an application shall be denied, or if a permit has already been issued shall be revoked upon a hearing by the director, under any of the following circumstances:
1. 
The applicant, operator, or staff person has provided materially false or misleading information, or omitted any materially pertinent information, on the application for a group home permit.
2. 
The applicant, operator, or any staff member, 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. 
The applicant or operator, or any staff member has been convicted of or pleaded nolo contendere, within the previous seven to ten 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, as may be amended (previous ten years).
ii. 
Arson offenses violations of Penal Code Sections 451-455, as may be amended (previous seven years).
iii. 
Violent felonies, as defined in Penal Code Section 667.5, as may be amended, which involve doing bodily harm to another person (previous ten years).
iv. 
The unlawful sale or furnishing of any controlled substances (previous seven years).
4. 
The applicant or operator, or any staff member, is on parole or formal probation supervision on the date of the submittal of the application or at any time after the issuance of a permit.
5. 
The operator accepts occupants, other than a house manager, who are not handicapped as defined by the FHAA and FEHA.
6. 
As applied to sober living homes, an application for a group home permit shall be denied, and if already issued shall be revoked upon a hearing by the director, under any of the following additional circumstances:
i. 
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.
ii. 
For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations.
7. 
An operator's failure to comply with the terms of the permit and/or failing to comply with applicable provisions of this chapter.
B. 
Appeals. An applicant or operator may appeal any adverse decision made by a director in issuing or denying a permit, or in enforcing the provisions of this chapter, pursuant to Chapter 19.112.
(Ord. 1716 § 1, 2023)
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 director, with such approval being ministerial if the location, use and any improvements comply with applicable provisions of this code or the zoning code.
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 therein.
(Ord. 1716 § 1, 2023)
A. 
An applicant for an operator's permit whose application for such an operator's permit has been denied may not apply for such an operator's permit for a period of six months from the date such notice of denial was issued.
B. 
A holder of an 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 invalidation became final.
(Ord. 1716 § 1, 2023)
A. 
Any person operating a group home as of the effective date of this chapter shall apply for an operator home permit within six months from the effective date of this chapter.
B. 
Group homes operating as of 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 with lease agreements dated before the adoption date of this chapter and whose terms exceed one year from the effective date, 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, or such longer period of time as the director may deem necessary and appropriate under the specific circumstances presented.
(Ord. 1716 § 1, 2023)