• The Encinitas Sober Living Ordinance
    Sober living is a growing industry in Southern California, but zoning regulations in San Diego and Costa Mesa already restrict the activity of such facilities.
    https://www.southbaysoberliving.com/encinitas/

    Encinitas wants to regulate the activities of these homes, too, but opponents say the proposed rules are discriminatory against people with disabilities. The article details zoning regulations in Costa Mesa and Newport Beach and compares them to Encinitas's proposal.

    Costa Mesa already has uncontroversial zoning rules
    New zoning rules in Costa Mesa have been adopted that make it harder to run a sober living facility without the proper licensing. Under the rules, a sober home cannot be operated by violent felons, sex offenders or drug dealers. It must be separated from other recovery facilities by 650 feet, and the operators must provide transportation to clients. The city also prohibits sober living homes from operating within 650 feet of other recovery facilities.

    In December, the Ninth Circuit Court of Appeals affirmed a December 2018 federal jury decision that upheld the city's zoning rules for sober living homes. The ordinance limits the number of residents to six. It also maintains a 650-foot buffer between licensed and unlicensed sober living homes. The ruling also requires that operators be certified under the California Sober Living Commission to abide by city and state zoning laws.

    Encinitas wants to regulate sober living homes
    The Encinitas City Council recently unanimously backed an ordinance to regulate sober living homes. This new ordinance, however, raises questions. One concern is that the regulations would discriminate against residents who are disabled, and that this would result in the revocation of housing assistance. Encinitas' ordinance would also require that residents of sober homes be in active participation in their recovery programs, and the homes would have to prohibit drug use off-site.

    The city's opponents argued that the proposed ordinance misrepresented the intent of the law. However, the council does not believe that the ordinance will have a negative impact on the community. The ordinance is intended to help residents who are recovering from substance abuse and alcoholism. As long as the homes are close to public transportation and other businesses, the new laws would protect residents from crime and property damage.

    Newport Beach's rules are similar to San Diego's
    The City of Newport Beach has adopted rules for sober living homes that are similar to those in San Diego and Huntington Beach. These rules require conditional use permits and require sober living homes to be 650 feet apart in residential neighborhoods. The buffer distance is meant to prevent the facilities from forming groups. These rules were proposed by Councilman Patrick Brenden and Mayor Erik Peterson, and must strike a balance between the rights of the residents and the rights of the community.

    The city of Dana Point filed lawsuits last year to shut down two sober living houses, claiming that their operations violated state law and its zoning code. The city is in the "Riviera of Rehab" and has filed lawsuits against sober living homes from Malibu to San Clemente. In 2008, the city adopted a law requiring additional scrutiny for rehab homes. It was sued for this law and settled for $10.2 million.

    Opponents say ordinance is discriminatory against disabled people
    A recent ruling from the U.S. Ninth Circuit Court of Appeals upheld a city ordinance requiring group homes to be separated from other residential properties by at least a thousand feet and to keep their populations under six. The court found that the ordinance was discriminatory against the disabled. The ruling is a warning to cities that may have considered enacting the same ordinance.

    In addressing sober living homes, the Huntington Beach ordinance addresses the professionalism of operations in these homes. It seeks to strike the right balance. By contrast, Encinitas' ordinance is cut from a nearly identical cloth. Moreover, it failed to gain traction for several reasons. Among them, the city hasn't yet taken the time to assess the effects of its ordinance on disabled people.
    The Encinitas Sober Living Ordinance Sober living is a growing industry in Southern California, but zoning regulations in San Diego and Costa Mesa already restrict the activity of such facilities. https://www.southbaysoberliving.com/encinitas/ Encinitas wants to regulate the activities of these homes, too, but opponents say the proposed rules are discriminatory against people with disabilities. The article details zoning regulations in Costa Mesa and Newport Beach and compares them to Encinitas's proposal. Costa Mesa already has uncontroversial zoning rules New zoning rules in Costa Mesa have been adopted that make it harder to run a sober living facility without the proper licensing. Under the rules, a sober home cannot be operated by violent felons, sex offenders or drug dealers. It must be separated from other recovery facilities by 650 feet, and the operators must provide transportation to clients. The city also prohibits sober living homes from operating within 650 feet of other recovery facilities. In December, the Ninth Circuit Court of Appeals affirmed a December 2018 federal jury decision that upheld the city's zoning rules for sober living homes. The ordinance limits the number of residents to six. It also maintains a 650-foot buffer between licensed and unlicensed sober living homes. The ruling also requires that operators be certified under the California Sober Living Commission to abide by city and state zoning laws. Encinitas wants to regulate sober living homes The Encinitas City Council recently unanimously backed an ordinance to regulate sober living homes. This new ordinance, however, raises questions. One concern is that the regulations would discriminate against residents who are disabled, and that this would result in the revocation of housing assistance. Encinitas' ordinance would also require that residents of sober homes be in active participation in their recovery programs, and the homes would have to prohibit drug use off-site. The city's opponents argued that the proposed ordinance misrepresented the intent of the law. However, the council does not believe that the ordinance will have a negative impact on the community. The ordinance is intended to help residents who are recovering from substance abuse and alcoholism. As long as the homes are close to public transportation and other businesses, the new laws would protect residents from crime and property damage. Newport Beach's rules are similar to San Diego's The City of Newport Beach has adopted rules for sober living homes that are similar to those in San Diego and Huntington Beach. These rules require conditional use permits and require sober living homes to be 650 feet apart in residential neighborhoods. The buffer distance is meant to prevent the facilities from forming groups. These rules were proposed by Councilman Patrick Brenden and Mayor Erik Peterson, and must strike a balance between the rights of the residents and the rights of the community. The city of Dana Point filed lawsuits last year to shut down two sober living houses, claiming that their operations violated state law and its zoning code. The city is in the "Riviera of Rehab" and has filed lawsuits against sober living homes from Malibu to San Clemente. In 2008, the city adopted a law requiring additional scrutiny for rehab homes. It was sued for this law and settled for $10.2 million. Opponents say ordinance is discriminatory against disabled people A recent ruling from the U.S. Ninth Circuit Court of Appeals upheld a city ordinance requiring group homes to be separated from other residential properties by at least a thousand feet and to keep their populations under six. The court found that the ordinance was discriminatory against the disabled. The ruling is a warning to cities that may have considered enacting the same ordinance. In addressing sober living homes, the Huntington Beach ordinance addresses the professionalism of operations in these homes. It seeks to strike the right balance. By contrast, Encinitas' ordinance is cut from a nearly identical cloth. Moreover, it failed to gain traction for several reasons. Among them, the city hasn't yet taken the time to assess the effects of its ordinance on disabled people.
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