Sober Living Homes

Sober Living Home GraphicWhat are Sober Living Homes?

Sober living homes are intended to help those recovering from alcohol and substance abuse. Usually, they are owned and operated by private companies. These facilities provide an alcohol and drug-free environment where residents can transition from rehabilitation to independent living without addiction. While the goal of these facilities is well intended, they sometimes raise concerns among residents when tenants do not follow the rules and engage in behavior that is disruptive to the neighborhood.

Sober living homes are not new to Laguna Niguel. They have been in our community since at least 2002. In Orange County, the cities of Newport Beach, Costa Mesa and San Clemente have or have had, as many as 50 to 100 of these homes located within their boundaries, many of which are in very close proximity to each other. This has resulted increased and excessive traffic, late night noise, littering, second hand smoke and other adverse impacts on the neighborhoods.

The courts have held that the Federal Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) prevent cities from prohibiting such facilities. Some cities, including those listed above, have attempted to regulate these facilities by enacting ordinances that would require a separation of the homes from each other and limiting the number of residents. Such action has led to significant litigation between the owners and operators of the homes and the cities.

What are the Local Rules for Sober Living Homes?

The Laguna Niguel City Council has established comprehensive regulations for congregate living facilities across all zoning districts. Initial regulations were detailed in Ordinance No. 2018-194, adopted by the City Council on June 5, 2018.  The City provided further updates, along with a series of other State-mandated requirements, as part of Ordinance No. 2024-228, which the City Council adopted on May 21, 2024. 

State-licensed residential care facilities are exempt from local zoning regulations. Unlicensed group home facilities are required to obtain a Group Home Permit from the City of Laguna Niguel Community Development Department and adhere to all permit regulations. Facilities that do not meet these requirements are subject to code enforcement actions. In addition, group home facilities must maintain a minimum separation distance of 1,000 feet from other group home facilities and state licensed residential care facilities. 

Recent updates under Ordinance No. 2024-228 were required to bring local regulations into compliance with the City’s adopted 2021–2029 Housing Element and current State laws. These updates include allowing group homes for seven or more persons in all zones that permit residential uses. Additionally, modifications to applicable development and operational standards for group homes were incorporated to meet state housing mandates.

For more information or to access the Group Home Permit Application, click here.

What Can the City Enforce?

The City can, and does, enforce applicable provisions of the Municipal, Zoning and Building Codes, and State Penal Code statutes regarding disorderly conduct, excessive and late night noise, littering and other actions that are disruptive and negatively affect a neighborhood. Historically, the City has been successful in addressing these issues by:

  • Meeting with the owners/operators of the homes to discuss the concerns.
  • Requesting the owners/operators take measures to eliminate the issues.
  • Enforcing the City Codes and State Penal Code.

This approach has resulted in a resolution of the problems caused by residents of the homes with the residents being more sensitive to the living conditions of the surrounding neighborhood.

City staff continues to monitor sober living homes in Laguna Niguel and responds to calls for service. The City also continues to monitor the enactment of ordinances and resulting litigation in Orange County cities as well as State legislation that pertains to the authority of the City to regulate such facilities.

For concerns regarding any alleged criminal activity or emergencies, call 911. For non-emergency activities and nuisances, such as night-time noise complaints and illegal street parking, please call O.C. Sheriff Dispatch at (949) 770-6011. General questions or concerns regarding sober living homes and/or concerns regarding alleged property maintenance, zoning or building code violations, may be directed to the City's Code Enforcement office at (949) 362-4300. Residents may also submit inquiries to the City online by emailing code@cityoflagunaniguel.org or using the City Mobile App: iPhone   Android.

City's Legislative Advocacy Efforts

The City proactively advocates for pending state and federal legislation utilizing the City's adopted Legislative Platform ensuring public safety and enhancing the quality of life our residents have come to enjoy. As part of the City's adopted Legislative Platform, the City has adopted the following policy statement regarding sober living homes:

  • Supports efforts that provide cities with more control over the establishment and placement of group homes or sober living homes within city limits.
  • Support legislation that ensures residents of sober living homes are provided with a safe and sober home environment that is free of illegal drugs and alcohol abuse.
  • Support legislation that requires sober living homes to be licensed and registered to meet specific standards to preserve the neighborhood value and quality of life. 
The City recently authored the letters of support below for bills seeking to reform the current regulatory environment surrounding sober living homes, ensuring patient safety and community quality of life.

  • AB 2081: This bill requires sober living homes to include on their websites and intake paperwork a disclosure stating an individual may check the Department of Health Care Services (DHCS) website to confirm any actions taken against the facility. AB 2081 also requires disclosures to include the link to the DHCS website that provides the status of any violations. This bill provides increased transparency for current and future patients allowing them to make informed choices on care. (Signed into law on September 22, 2024)
  • AB 2121: This bill would require the Department of Health Care Services to notify cities when a license is issued for an alcoholism or drug treatment facility within their jurisdiction. The measure would also establish a 300-foot distance requirement between other alcoholism or drug treatment facilities, and community care facilities licensed by the Department of Social Services (DSS). (Failed Passage)
  • AB 2574: This bill expands the reporting requirements for licensed recovery home operators to enhance the DHCS’ oversight of sober living homes that are operating as an integral part of a licensed drug treatment facility located elsewhere in the community. AB 2995, which serves as a companion bill to AB 2574, revises terminology and clarifies policies related to public health programs for alcohol and drug treatment. (Signed into law on September 22, 2024)
  • SB 913: This bill would enhance the oversight and enforcement of existing state licensing laws for alcohol and drug treatment facilities by permitting specified city/county entities, with the consent of approval from the Department of Health Care Services, to enforce specified provisions related to the oversight of licensed treatment facilities. (Failed Passage)
  • SB 1334: This bill would provide clear definitions for recovery residences, affords local jurisdictions with the ability to require a use permit or conditional use permit for any recovery residence that serves more than seven residents, and requires recovery residences to be located at least 1,000 feet from another state-licensed alcohol or drug recovery facility or recovery residence. (Failed Passage)