CITY AUTHORITY
California law provides for cities to enforce local zoning ordinances PARTICULARLY in
relation to 'REHABS' (Residential Treatment Homes). AND cities have authority over
'sober living homes' as well.
CITY FIRE CHIEF
NO residential treatment facility (rehab) can be licensed by Calif. Alcohol and Drug
Programs(ADP) without first getting a City Fire Inspection Report completed by the city's
Fire Marshall/Chief. This includes both 7 and over, and 6 and under occupancy. SO, if
you wish to know exactly how many of these facilities operate WITH STATE LICENSING in
a city, simply ask your own fire dept for the data. ALL licensed facilities are required to
renew their state license every 2 years. So accurate data for ALL licensed houses is
within each city's Fire Department. To STOP state-licensed rehabs, STOP fire chief's
approvals on 'Fire Inspection Reports'.
City Authority over Rehabs or Residential Treatment Facilities (addicts IN
treatment):
___Require a Conditional Use Permit (CUP)- for using a house as a business- this is legal
for even the houses with 6 and under occupancy. Ask the city of Irvine.
___Require a full application from the rehab operator which includes a full review of
'impact to the local neighborhood' including traffic, parking, service vehicles, occupancy,
use, noise, etc.
___STOP rehabs from serving 'out patients'- addicts living in other locations and brought
to rehab houses only during the day. Read more about this problem by clicking here.
___Conduct a public hearing to allow neighbors and others to review the application; and
support or object to the proposed use of the property
___Require City Planning Commission review and approval of application for use of
property as a business
___Require city approval of CUP and Fire Clearance before house can be licensed by
the Calif. Dept. of Alcohol and Drug Program. NO city approval? NO ADP license!
Over 'Sober Living Houses' (NO addicts in treatment), cities have authority to:
___Require a Business permit
___Require local clearances (fire, zoning)
Remember, a sober living home contains NO ADDICTS IN TREATMENT. While a 'rehab'
is a home where ADDICTS IN TREATMENT reside. ALL Rehab houses, with even ONE
CLIENT IN TREATMENT* must comply with all city zoning codes (& must be licensed by
the California Department of Alcohol and Drug Programs).
"Local officials are involved in zoning of property for commercial or residential
use and issuance of use permits and business licenses. (p. 2)"
Even 'sober living homes' (with NO treatment) are under city authority:
"It is important to note that while sober living environments or alcohol or drug
free housing are not required to be licensed by ADP, they may require business
permits or clearances from the local city or county in which the houses are
located. (p. 1)"
Quotes from California Dept. of Alcohol and Drug Programs (ADP) Website:
http://www.adp.ca.gov/FactSheets/Licensing_of_AOD_Facilities_the_Most_Frequently_Asked_Question
s.pdf
*'TREATMENT' - official definition
""Alcoholism or Drug Abuse Recovery or Treatment Service" means a service which is designed to
promote treatment and maintain recovery from alcohol or drug problems which includes one or more of
the following: detoxification, group sessions, individual sessions, educational sessions, and/or
alcoholism or drug abuse recovery or treatment planning."
http://www.adp.ca.gov/LCB/regs/Reg_1_10501.html
CITY OFFICIALS HAVE A RIGHT AND OBLIGATION TO THE PUBLIC TO KNOW
WHERE ALL 'REHABS' AND 'SOBER LIVING' HOMES ARE IN YOUR CITY. ALL CITIES
SHOULD MAINTAIN A PUBLIC LIST OF ALL HOMES BEING USE FOR THE
TREATMENT OR 'SOBER LIVING' OF ADDICTS. ALL homes should be required to
apply for a city 'business permit'. YES, that is legal to require. Unfortunately,
most cities don't- unaware of their right to do so or conspiring with rehabs in
your city to keep their locations 'secret' and out of the public eye, BUT local
neighbors know! ASK THEM & FORCE YOUR CITY TO BEGIN REQUIRING ALL
HOUSES TO COMPLY WITH ALL APPLICABLE CITY REQUIREMENTS.
Don't be a victim, take action....
| WHAT AUTHORITY DO CITY OFFICIALS HAVE OVER HOUSES? |