The following definitions shall apply to this chapter. To the extent these definitions conflict with any other provision in the Municipal Code, these definitions shall control:
"Alcoholism or drug abuse recovery or treatment facility"
means adult alcoholism or drug abuse recovery or treatment facilities that are licensed pursuant to Section 11834.01 of the California Health and Safety Code. Alcoholism or drug abuse recovery or treatment facilities are a subset of residential care facilities.
"Director"
means the Director of the Development Services Department of the City of Los Alamitos, or their designee.
"Disabled"
shall have the same meaning as handicapped.
"Fair housing laws"
means the Federal Fair Housing Act,[1] the Americans with Disabilities Act,[2] and the California Fair Employment and Housing Act,[3] as each statute may be amended from time to time, and each statute's implementing regulations.
"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. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one or more dwelling units. Group homes shall not include the following: (1) residential care facilities; or (2) any group home that operates as a single housekeeping unit.
"Handicapped"
means, as 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.
"Household"
means all the people occupying a dwelling unit and includes people who live in different units governed by the same 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.
"Integral uses"
means any two or more residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity, or activities so commonly administered. Any such integral use shall be considered one use for purposes of applying federal, state and local laws to its operation.
"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 as 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.
"Property"
means any single development lot that has been subdivided bearing its own assessor's parcel number or with an approved subdivision map or condominium map.
"Residential care facility"
means a residential facility licensed by the state where care, services, or treatment is provided to persons living in a supportive community residential setting. Residential care facilities include, but may not be limited to, the following: intermediate care facilities for the developmentally disabled (Cal. Health & Safety Code §§ 1267.8, 1267.9); community care facilities (Cal. Health & Safety Code §§ 1500 et seq.); residential care facilities for the elderly (Cal. Health & Safety Code §§ 1569 et seq.); residential care facilities for the chronically ill (22 CCR § 87801(a)(5); Cal. Health & Safety Code § 1568.02); alcoholism and drug abuse facilities (Cal. Health & Safety Code §§ 11834.02-11834.30); pediatric day health and respite care facilities (Cal. Health & Safety Code §§ 1760 et seq.); residential health care facilities, including congregate living health facilities (Cal. Health & Safety Code §§ 1265 through 1271.1, 1250(i), 1250(e), (h)); family care home, foster home, group home for the mentally disordered or otherwise handicapped persons or dependent and neglected children (Cal. Welf. & Inst. Code §§ 5115 through 5120).
"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 indicia 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. Sober living homes shall not include the following: (1) residential care facilities; (2) any sober living home that operates as a single housekeeping unit.
(Ord. 2025-06, 9/15/2025)
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[3]
Editor's Note: See Cal. Gov't Code § 12900 et seq.
In addition to the requirements of this article, all group homes subject to this article shall comply with the requirements set forth in Section 17.28.290 of Title 17 of this Code.
(Ord. 2025-06, 9/15/2025)
It is unlawful for any person to operate, or to permit any person to operate, a group home on any property located within the R2, R3, R4 and M-H zones, without a valid operator's permit issued for that group home pursuant to the provisions of this chapter.
(Ord. 2025-06, 9/15/2025)
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 Section 17.28.290 of Title 17 of this Code.
B. 
A state-licensed alcoholism or drug abuse recovery or treatment facility.
C. 
A state-licensed residential care facility.
(Ord. 2025-06, 9/15/2025)
A. 
The owner/operator shall submit an application to the Director that provides the following information:
1. 
The name, address, phone number and driver's license number of the owner/operator.
2. 
A live scan of the owner/operator and house manager(s).
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(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 group home 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.
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 or the house manager of the group home.
3. 
Occupants must not require, and operators must not provide, "care and supervision" as those terms are defined by Cal. Health & Safety Code § 1503.5 and California Code of Regulations Title 22, § 80001(c)(3).
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.
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 Los Alamitos Police Department that an occupant is no longer a resident at the home, determine the services available therefrom.
d. 
Provide the information obtained from subsections B.6.b and B.6.c of this section 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 subsections B.6.a through B.6.d of this section 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 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.
8. 
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.6 and B.7 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.7 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 California Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping.
10. 
The property must be in full compliance with all building codes, the Los Alamitos 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 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 Cal. Penal Code Section 290 does not exceed the limit set forth in Cal. Penal Code § 3003.5 and does not violate the distance provisions set forth in Cal. Penal Code § 3003.
d. 
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.
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 California Code of Regulations Title 9, § 10501(a)(6): detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning.
12. 
An applicant 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 17.42 of Title 17 of this Code.
13. 
The operator's permit 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 of this section.
14. 
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 circumstances:
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; or 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 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 § 290;
ii. 
Arson offenses—Violations of Cal. Penal Code §§ 451 through 455;
iii. 
Violent felonies, as defined in Cal. Penal Code § 667.5, which involve doing bodily harm to another person; or
iv. 
The unlawful sale or furnishing of any controlled substances.
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 or handicapped as defined by the FHAA and FEHA.
f. 
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:
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.
(Ord. 2025-06, 9/15/2025)
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 pursuant to the requirements of Section 5.52.050.
B. 
An operator's permit may not be transferred to any other person or entity. No operator's permit issued pursuant to this article 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. 2025-06, 9/15/2025)
A. 
An applicant for an operator's permit whose application for such an operator's permit has been denied may not reapply 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. 2025-06, 9/15/2025)
A group home that is subject to the provisions of this chapter that is in existence as of the effective date of this chapter shall have 120 days to comply with the provisions of this chapter.
(Ord. 2025-06, 9/15/2025)