ORD 07-09 Amending Title 17 Sober Living FacilitiesORDINANCE N0.7-
09 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 17 OF
THE ORANGE MUNICIPAL CODE RELATING
TO SOBER LIVING
FACILITIES.WHEREAS, in enacting this Ordinance the City Council seeks to preserve
the residential characteristics of residential neighborhoods, to provide housing opportunities
for recovering addicts who are considered disabled under state and federal law and to ensure
that these housing opportunities provide an environment which is conducive to
addiction recovery. In doing so the City Council makes the following findings in support of
this
Ordinance.A. The current housing
environment.1. Over the past decade the City, County and State have seen a significant increase
in the number of residences being utilized as unlicensed alcohol and drug recovery facilities
for large numbers of individuals (hereafter, Sober Living Facility), as well as
state-licensed group homes that are treating six or fewer recovering drug and alcohol
addicts (hereafter,Group
Addiction Homes).2. The increase appears to be driven in part by a trend toward placing
persons who have been convicted of non-violent drug or alcohol offenses into
community based treatment programs as a condition of probation or in lieu of incarceration. This trend
appears to have occurred in part due to the passage of Proposition 36, the Substance
Abuse and Crime Prevention Act (Penal Code Section 1210 et seq.). In the four years after
Proposition 36 was passed (2000-2004), the number of substance abuse treatment
facilities inCalifornia rose from 104,657 to 140,401,
a 34.1% increase.3. The City of Newport Beach in particular has witnessed
a dramatic increase in Sober Living Facilities, specifically on Balboa Peninsula, upon which
an estimated 89 Sober Living Facilities and Group Addiction Homes are located.
This has generated community outcry and negative impacts including, but not limited
to: overcrowding; inordinate amounts of second-hand smoke and noise; lawsuits against the City
of Newport Beach by the community, Group Addiction Homes and Sober Living
Facilities; the clustering of Sober Living Facilities and Group Addiction Homes in close proximity
to each other; and a fundamental alteration to residential zoning. Other communities
such as Walnut Creek, West Covina, Pasadena, Costa Mesa and Murrieta
have experienced problems as well.4. There are at least 22 known Sober Living Facilities in
the City of Orange (the number is likely higher since many locate without notifying
the City) and 17 Group Addiction Homes, for a total of at least 39 homes for recoveringaddicts
located in
5. The increase in both the number and size of Sober Living Facilities and Group
Addiction Homes has become an increasing concern statewide resulting in: local officials are
being bombarded with complaints from residents about their proliferation; conferences
drawing local officials from around the state being held; impacts being discussed at several
League of California Cities meetings; and numerous city-sponsored attempts at
legislative fixes that have died in state legislative committees. The California Legislative
Counsel issued an opinion in June 18, 1997, which understated state and local government's ability
to regulate Sober Living Facilities and Group Recovery Homes, was inconsistent with
federal court cases, and was incomplete in that it did not note scenarios in which regulation would
be permissible, which opinion is likely responsible in part for stopping state legislative
fixes.6. In 2008 legislation (SB 992) that would have required Sober Living Facilities
to obtain a state license was vetoed by Governor Arnold Schwarzenegger because the
Governor stated it did not go far enough in providing quality programs for recovering addicts
and respecting the communities in which these facilities are
located.7. In several cases, operators of Sober Living Facilities have attempted to
house inordinately large numbers of tenants in a single dwelling in the City, in one case an
operator placed 18 beds in asingle-family home, nine in one bedroom; in another case a
Sober Living Facility operator proposed to add five bedrooms to asingle-family home for
the sole purpose of housing large numbers of tenants; and in another case 17 beds were found
in a
single family home.B. The
current regulatory environment.1. Pursuant to state and federal laws, specified recovering drug
and alcohol addicts
are considered disabled.2. The Federal Fair Housing Act (FHA) and the
California Fair Employment Housing Act (FEHA) prohibit enforcement of zoning
ordinances which intentionally discriminate or have the effect of discriminating against the disabled in
the provision
of housing opportunities.3. Core purposes of the FHA, FEHA and California's Lanterman Act are
to provide a broader range of housing opportunities to the disabled; to free the disabled,
to the extent possible, from institutional style living; and to ensure that disabled
persons have the opportunity to use and enjoy a dwelling in a manner similar to opportunities
enjoyed
by the non-disabled.4. To fulfill this purpose the FHA and FEHA require that
the City make an accommodation to its zoning ordinances if such accommodation
is reasonably necessary to afford a disabled person an equal opportunity to use
and enjoy a dwelling.5. The FHA and accompanying case law have held
that a requested accommodation is not reasonable if it would create a fundamentalalteration in a
city'
6. The Lanterman Act fulfills this purpose in part by requiring cities to treat state-
licensed care facilities serving six or fewer disabled persons (Group Homes), as a single
family use for all zoning purposes. Group Homes also have a house manager. Cities in the
state are precluded from applying any rules or regulations to Group Homes that are not
applied generally to all residential development in the zone, although the Group Homes
themselves are subject to state licensure requirements and a limit of six disabled clients.
7. Pursuant to Orange Municipal Code Section 17.14.050, Sober Living Facilities
serving six or fewer have been granted this same accommodation. However, there is
currently no state or local regulations for Sober Living Facilities other than the state
requirement that they cannot be providing any treatment.
8. Without this City zoning accommodation Sober Living Facilities would be
considered boarding houses under Orange Municipal Code § 17.04.021 (defined as a dwelling
in which three or more tenants are under separate rental agreements), and not a permitted use
in R-1 and R-2 neighborhoods. Thus, the Orange Municipal Code
grants preferential treatment to the disabled in the provision of housing opportunities in that it
permits three times as many disabled tenants as non-disabled tenants to be on separate
rental agreements in
a dwelling unit.C. The City's interest in preserving the single-
family character of neighborhoods.1. Under the California Constitution, Article XI, Section 7,
the City has broad police powers to preserve the residential characteristics
of its residential neighborhoods,which constitutional powers have been recognized by both the
California Supreme Court and United States Supreme Court, the latter of which stated in Berman v. Parker: "
It is within the power of the legislature to determine that the community should be
beautiful as well as healthy, spacious as well as clean, well-balanced
as well as carefully patrolled."2. Both Supreme Courts have held that the government
has the right to regulate both the number of people who may reside in a dwelling unit and
the manner in which the dwelling unit is used as long as such regulations do not
unfairly discriminate or impair an individual's
rights of privacy and association.4. Persons often purchase homes in
residential neighborhoods for the relative tranquility and safety that accompanies such
neighborhoods, the family characteristics, the pride associated with such ownership and the
accompanying financial and moral investment not only in the home, but in the neighborhood and community in
general. As was stated by the California Supreme Court in Miller v. Board of
Public Works, "The establishment of residential] districts is for the general welfare because it tends
to promote and perpetuate the American home...The home and its intrinsic influences are
the very foundation of good citizenship, and any factor contributing to the establishment of
homes and the fostering of home life doubtless tends to the enhancement not only of community life but
of the life of
the
5. With these expectations, persons commit to making what will be for most of
them, the single largest financial investment of their lives, many in order to have a home
conducive to the raising of children. The core purpose of making this financial investment
can be negatively impacted by a concentration of boarding house type uses. The City has
had significant experience with overcrowding having heard complaints from neighborhoods
throughout the City about boarding house uses in single-family neighborhoods whether
they be homes housing large numbers of college students, persons who appear to be day
laborers or recovering
addicts.6. In adopting the boarding house ordinance in 2006 (Ordinance 1-06)
the City Council was addressing situations in which large numbers ofnon-disabled
tenants were being placed in single-family homes in and around Chapman University and in
East Orange. In all situations in which large numbers of unrelated adults live in a single
unit, be they sober living facilities or not, there are complaints which appear
to be generally universal--large numbers of cars, excessive noise,
building code violations, unpermitted remodeling,transiency, and a disruption of the
residential characteristic of the neighborhood.D. Atypical Sober Living
Facility is not asingle-family use.Sober Living Facilities do not function as asingle-family unit
and do not fit the City's zoning
definition of asingle-family for the following reasons:1. Sober
Living Facilities house transient populations. Many Sober Living Facilities charge rentson a weekly basis, which
under Chapter 5.16 of the Orange Municipal Code fits the definition of "transient" and would
otherwise be subject to the City's Uniform Transient Tax'. Sober
Living Facilities typically advertise a 90-day recovering program,such as the 12-Step Program.
A 2005 UCLA study found that 65-70% of recovering addicts do not finish their recovery
programs in general. A study of the Oxford House, a nationwide system of Sober Living Facilities
found that participants spent an average of only 256 days in an Oxford House. One
of the chief complaints from neighbors of some of Sober Living Facilities is that the tenants
changed so often they don't know who lives next door.2.
The tenants generally do not share expenses. Tenants are responsible solely for their own rent. Tenants
are generally responsible for their own food. The City found one Sober Living Facility with up to four
refrigerators in the house and in it a sign which stated,If it's not yours don't
eat or drink it." Coin operated phones and washing and drying machines have been found in
a Sober Living Facility. In some cases tenants
pay the landlord for additional benefits, such as a gym membership.
3. The tenants are not responsible for any significant maintenance or improvements to the
property and have no vested long-term interest in its upkeep. While Chapter 5.16 governs the payment of
the Uniform Transient Occupancy Tax that must be paid by transientsof hotels, lodging houses, motels, etc. "
Transient" is defined by §5.16.020 as "any person who exercises occupancy or is entitled to
occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30)
consecutive calendar days or less...Any such person shall be
deemed
tenants may be expected to do chores around the property, any significant maintenance or
improvements to the property is typically paid for and decided upon by the owner of the
home, who typically does not reside in the home. Tenants often don't even have a leasehold
interest in the property, as they may be immediately evicted for violating house rules without
the benefit of state eviction laws.
4. The house rules and who lives on the property are generally determined by a
managing entity and not the tenants themselves. The tenants have little to no say in who
resides on the property or who even is their roommate. Tenants may wind up on the property
by self-check-in, by referral from the Orange County Sheriff or Probation Departments,
as a condition of probation and/or as an alternative to incarceration. Decisions about
who may reside on the property, who is required to leave the property and the amount of rent
paid by each tenant are not made by the
tenants themselves.5. The size and makeup of the household in a Sober Living Facility
is dissimilar and larger than the normal household. As to size, the 2009 California Dept.
of Finance figures show that the average number of persons per family household in Orangeis 3.
1. The most recent federal census data shows that only 10% of housing unitshave 1.51
or more occupants per room; that households containing seven or more are in the top 5% in
size of total households in Orange County; that for nonfamily households such as a
Sober Living Facility, only two tenths of one percent have seven or more; and the current national
trend is that the average number of persons per family household is going down. Many of
the Sober Living Facilities house individuals who are Parolees or Probationers who are
under the supervision of and subject to unannounced visits and searches by probation officers;
a typical Sober Living Facility is much more likely to house persons with criminal records and
not just for drug and alcohol violations; all seven individuals residing in a Sober Living
Facility are generally over the age of 18, while the average household has just 2.25 individuals
over the age of 18 according to the most recent federal census data. Due to the above andthe
City's boarding house ordinance there are likely very few instances in which seven
adults are residing in a single
dwelling unit.E. Possible impacts to
residential neighborhoods.1. The experience in the cities of Newport Beach and Orange is
that over concentrations of Sober Living Facilities and/or the placement of inordinately
large numbers of unrelated adults, whether or not they are recovering addicts, in a single
dwelling can undermine the benefits and value of home ownership in single-
family and multi-family neighborhoods, and can conflict with purposes of residential zoning such
as a sense of permanency, stability and linkage to the community. Boarding
house uses, whether such uses are by the disabled or non-disabled, have unequivocally
caused negative impacts in the City, including in some reported
cases causing residents to move.2. Because of their relatively transient
populations, higher potential for housing convicted criminals and above normal numbers of individuals and
adults residing in a single dwelling unit and the lack of governmental regulation
or
present problems not typically associated with normal residential uses or Group Homes,
including: the housing of large numbers of unrelated adult recovering addicts who may or
may not be supervised; disproportionate numbers of cars associated with asingle-
family home2 which causes disproportionate traffic and utilization of on-street
parking; excessive noise, including loud profanity; extraordinary amounts of second-hand
smoke that interfere with the use and enjoyment of neighbors' use of their property; neighbors
unable to discern who lives in the neighborhood, an important aspect in
Neighborhood Watch programs;tenants who have little to no interaction with the neighborhood and little to
no sense of community; facilities which open in complete disregard of the Orange
Municipal Code's limit on tenants; a tendency of Sober Living Facilities to undertake
modifications to the residences without permits and have other building code violations;
extraordinary use of police resources; and due to exponentially larger than
normal households, potentially disproportional impacts to nearly all City services including sewer,
water, parks, libraries,transportation
infrastructure, and fire.F. The City's effort to balance the need to provide housing for
the disabled while preserving the characteristics
of residential neighborhoods.1. As noted above, this Ordinance and the balanceof the City's
zoning scheme have built in an accommodation for Sober Living Facilities to locate in the
R-1 and R-2 neighborhoods as long as they are serving six or fewer disabled tenants
andon its face the City's zoning scheme grants preferential treatment in the
provision
of housing to the disabled.2. The Orange Municipal Code provides a mechanism
for Sober Living Facilities to seek additional accommodation above the six disabled residents
upon making a showing, as required by state and federal law, that
such additional accommodation is reasonably necessary to afford the disabled the right to use and enjoy a dwelling
in a manner similar to
that enjoyed by the non-disabled.3. Permitting six or fewer disabled residents
in Sober Living Facilities is reasonable and non-discriminatory on its face and in its effect.
The limit of six helps preserve the single-family characteristic of
single family neighborhoods while affording the disabled with housing opportunities not
available to the non-disabled. This Ordinance furthers the purposes of the Lanterman Act, the FHA
and FEHA for reasons which include, but are not limited to: (a) in establishing Group
Homes as a residential use, the State legislature found that six residents was a
sufficient number to provide the supportive living environment that experts agree is beneficial to an
addict's recovery; (b) Group Addiction Homes, which also serve recovering addicts, have existed
and flourished in the State for decades with asix-person limit; (c) the City has received expert
testimony stating that even less than six is a reasonable number for a Sober
Living Facility and is sufficient to provide the supportive living environment that is
beneficial to recovery and that larger numbers of recovering addicts in a single dwelling can actually
reduce
the chances of recovery; (d) a 2005 UCLA Z Given the potential for more people of driving age residing in
a Sober Living Facility (7), there is potential for more cars. According to the Census Bureau, only 20%
of
Orange
study found that 65-70% of recovering addicts do not finish the recovery programs
into which they are placed and a comfortable living environment, which this Ordinance
furthers,is a factor in whether recovering addicts will finish their programs; (e) drug and
alcohol addiction is known to affect all income levels and one study found that 75% of persons
who use illicit drugs are gainfully employed and thus, many of Sober Living Facility
tenants likely have the wherewithal to pay market rate rents; and (f) receiving rent from up to
six individuals will provide sufficient income for operators of Sober Living Facilities and
result in revenue which is well above market rate
rents.4. A 300-foot distance requirement provides a reasonable market for
the purchase and operation of a Sober Living Facility, is consistent with distance requirements
for many Group Homes under State law and still results in preferential treatment for
Sober Living Facilities in that non-disabled individuals in a similar living situation could not
reside in the R-1 or R-2 zone at all. In addition, the Orange Municipal
Code allows larger Sober Living Facilities to locate in multi-family residential
zones with a conditional use permit.5. The City Council recognizes that while not
in character with a typical residential use, that when operated responsibly, a Sober Living
Facility provides a societal benefit by providing housing and recovery opportunities
for individuals attempting to overcome their drug and alcohol addictions and that
some reasonable accommodation is necessary and beneficial. In addition, studies have indicated that
Proposition 36is achieving its core purposes, i.e., it has reduced the costs
associated with incarcerating specified first and second-time drug
offenders and increased their chances of rehabilitation.H. The regulations do not impose an
undue burden and are consistent with
proper management of a Sober Living Facility.1. Some of the individuals residing in Sober
Living Facilities in the City are referred there by the County of Orange which has
enacted regulations and a certification program that Sober Living Facilities must abide by in order to
get referrals from the Orange County Court system, regulations which are intended to
ensure that
the Sober Living Facilities are professionally run.2. The Sober Living Network, a
coalition of Sober Living Facilities, also has established basic guidelines
for the operation of Sober Living Facilities.3. To a substantial degree this Ordinance'
s permit requirements mirror the County of Orange's regulations
and the Sober Living Network's guidelines.4. These regulations were sent to all
known Sober Living Facility operators as well as the Sober Living Network. Only one
operator, Cornerstone, responded and in a meeting with the City
Attorney
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I:
The definitions of PAROLEE and PROBATIONER are added to Section 17.04.035
of the Orange Municipal Code to provide as follows:
PAROLEE - Anindividual who has been convicted of a federal or state crime,
sentenced to a federal or state prison or to a term in the California Youth
Authority and has received conditional and revocable release in the community
and is under the supervision of a federal, state or Youth Authority probation/
parole officer."PROBATIONER -
A personwhohas been convicted of a crime and who has received a
suspension in the imposition or execution of their sentence and has received conditional
and revocable release in the community under the supervision of
a probation officer, as provided under California Penal Code Section 1203
or its successor."The definition
of SOBER LIVING FACILITY is added to Section 17.04.038 ofthe Orange Municipal
Code to provide as follows:SOBER LIVING
FACILITY - A Dwelling Unitwith more than two tenants which is not
licensed by the State and is being used as a drug and alcohol recovery facility for
persons who are recovering from drug and/or alcohol addiction and in
which all tenants, except for a house manager, are considered disabled under state
or federal law and are actively enrolled and participating in a legitimate
alcohol and/or drug recovery program."SECTION II:Section
17.14.
OSON shall beadded to the Orange Municipal Code to read as follows:N. Sober Living
Facility.1. A Sober
Living Facility which would otherwise be considered an unpermitted use as
a boarding or lodging house in a Rl or R2 zone, may locate in any
residential zone with a Sober Living Permit and a Business License provided:a.
An application
for a Sober Living Facility is submitted to the Community Development Director
by the owner/operator of theSober Living Facility. The
application shall provide the following: (1) the name, address, phone
number and driver's license number of the owner/operator; (2)
the name, address, phone number and driver's license 8
number of the house manager; (3) a copy of the Sober Living Facility
rules and regulations; (4) written intake procedures; (5) the relapse policy;
6) an affirmation by the owner/operator that the Sober Living Facility
will serve only tenants who are disabled as defined by state and federal
law and documentation of the evaluation process which determines that
tenants of the Sober Living Facility are disabled; and (7) a fee for the cost
of processing of the application as set by Resolution of the City Council.
b. There are no more than six tenants, not counting a house manager,
but in no event more than seven tenants residing in the Sober Living
Facility.
c. There shall be no more than three tenants per bedroom.
d. Tenant rental agreements shall be no less than 30 days, otherwise
the operator shall be responsible for collecting and remitting a Transient
Occupancy Tax in accordance with Chapter 5.16 of this Code.
e. It is not located in an Accessory Secondary Housing Unit unless
the primary Dwelling Unit is used for the same purpose and if so, the
residents in both the primary and secondary units shall be combined in
determining whether the maximum number of six allowed by this section
has been exceeded.
It has a house manager who resides at the Sober Living Facility or
any multiple of persons acting as a house manager who are present and
who are responsible for the day-to-
day operation.g. It is not, at the time the Sober Living Permit is
issued, located within 300 feet, as measured from the closest property lines, of
any other Dwelling Unit housing a Group Home or Sober
Living Facility.h. All tenants, other than the house manager, must
be actively participating in legitimate recovery programs, including, but
not limited to, Alcoholics Anonymous, Narcotics Anonymous, or
12-Step Recovery.Current records of meeting attendance must be
maintained. Refusal to actively participate in such a program shall be
cause for eviction.i. Its rules and regulations must prohibit the use,
sale or distribution of any alcohol or any non-prescription controlled
substances by any tenant either on or off site. These rules and regulations shall
be posted in a common area inside the Dwelling Unit. Any violation of
this rule must be cause for eviction and the violator cannot be re-
admitted for at least 90 days. Any second violation of this rule
shall result in permanent eviction.Tenants that have a second violation shall not be
permitted to reside in a Sober Living Facility in the City for
a period of 12 months.j. No combination of tenants
who are parolees, probationers or subject to the Uniform
Controlled Substances registration requirements of Health and Safety Code Section
11590 shall exceed two. Notwithstanding the preceding, in no event shall any tenant
violate any terms or conditions of probation or parole which prohibit
the tenant residing
with another parolee or probationer.k. No persons who are required to
register as sex registrants under Penal Code Section 290 shall reside
in
1. It shall have a written visitation policy precluding visitors who are
under the influence of any drug or alcohol, are probationers, or parolees.
No visitors shall be permitted to spend the night or stay past 10 p.m. and a
house manager must be present during visitations.
m. It shall have regular drug testing or some equivalent alternative, to
ensure that tenants are not currently using drugs or alcohol.
n. It shall have a good neighbor policy that directs tenants to be
considerate of neighbors, including refraining from engaging in
excessively loud or obnoxious behavior that would interfere with the
neighbors' enjoyment of their properties. The good neighbor policy shall
establish a written protocol for the house manager to follow when a
neighbor complaint is received.
o. All garage and driveway spaces shall, at all times, be available and
used for the parking of vehicles. There must be at least one off-
street parking spot for every three tenants. Tenants may each only store or
park a single vehicle at the Dwelling Unit or on any residential street
within 1,000 feet of the Dwelling
Unit.p. It shall not provide any treatment that would require a
State
license.q. The operator shall be responsible for updating any
information required by this subsection as soon as
practical.r. It shall comply with all other laws, rules and regulations
which may apply to its operation, including any building and fire codes and
shall be subject to inspection by a building inspector and fire inspector prior
to the issuance of any Sober Living
Permit.2. The Sober Living Permit shall be issued by the
Community Development Director as a ministerial matter if the applicant is
in compliance and has agreed to comply with the requirements of
this section. If the application is for an R3 or R4 zone, a conditional
use permit shall also be required in the same manner as for other boarding
or lodging house uses. It shall be denied by the Community
Development Director and if already issued shall be revoked upon a hearing by
the Community Development Director under any of the
following
circumstances:a. Any owner/operator or house manager has provided any
material false or misleading information on the application or omitted any
pertinent information on the
application;b. Anyowner/operator or house manager 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. Anyowner/operator or house manager has been or is convicted
of or plead no to contender to any of the following
offenses:
i) Sex offense for which the person is required to register as a
sex offender under California Penal Code Section 290 (last seven
years);
ii) Arson offenses -violations of Penal Code Sections 451-
455 (last seven years);
iii) Violent felonies, as defined in Penal Code Section 667.5,
which involve doing bodily harm to another person (last 10 years);
or
iv) The sale or furnishing of any controlled substances (last
five years).
d. Any owner/operator or house manager is on parole or formal
probation supervision within one year of the date of the submittal of the
application or at anytime thereafter.
e. Any owner/operator or house manager is a recovering drug or
alcohol addict and upon the date of application or employment has had
less than one full year of sobriety.
f. The owner/operator or house manager fails to immediately evict
any tenant that uses alcohol or abuses any drugs, prescription of non-
prescription, or is not actively participating in a legitimate addiction
recovery program.
g. The owner/operator accepts tenants, other than a house manager,
who are not disabled/handicapped as defined by the FHA and FEHA.
h. The Sober Living Facility, as measured by the closest property
lines, is located within 300 feet of any Group Home or Sober Living
Facility. If a Group Home moves within 300 feet of an existing Sober
Living Facility this shall not cause the revocation of Sober Living
Facility's permit or be grounds for denying a transfer of such permit.
Sober Living Facilities in existence as of the effective date of this section
and in compliance with this Code as it existed prior to the effective date
shall not be subject to the 300-foot distance
requirement.i. The Sober Living Facility fails to promptly update
information required by this section which has become obsolete or
inaccurate.j. The Sober Living Facility unlawfully discriminates against
tenants.k. For any other significant and/or repeated violations of this
Section and/or any other applicable laws and/or
regulations.3. A Sober Living Permit issued in accordance with this
subsection shall be required for any Sober Living Facility seeking a conditional
use
permit.4. An applicant may seek relief from the strict application of
this subsection pursuant to Chapter 17.10.045 of this Code if necessary
to afford a person with a disability a reasonable opportunity to enjoy
a
dwelling."
SECTION V:
Sober Living Facilities that are in existence upon the effective date of this Ordinance
and are in compliance with this Code as it existed prior to the effective date (i.e., housing six or
fewer disabled tenants), shall have 180 days from such effective date to comply with its
provisions and/or to seek and have approved, a request for reasonable accommodation.
SECTION VI:
Should any section, subsection, clause, or provision of this Ordinance for any reason
be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional. This Ordinance shall be prospective in application from its
effective date.
SECTION VII:
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be adopted. A summary of this
Ordinance shall also be published once within fifteen (15) days after this Ordinance's
passage in a newspaper of general circulation, published, and circulated in the City of
Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full
text of such adopted Ordinance along with the names of those City Council members voting
for and against the Ordinance in accordance with Government Code Section 36933. This
Ordinance shall take effect thirty (30) days from and after the date of its final passage.
Adopted 27t" day of October, 2009
ATTEST:
Mary ~!i~iurp , ,City Clerk, i range
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 13`h day of October, 2009, and thereafter at the regular meeting of said
City Council duly held on the 27"' day of October, 2009, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary Ei~, City ~l$~lc,`ity~of Orange
13