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)"
*'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?