City Seeks Local Control, Tighter Regulations on Sober Living Homes

The San Clemente City Council recently directed City Manager Andy Hall to send a comprehensive letter discussing local control and sober living homes to Gov. Gavin Newsom and to implement various initiatives aimed at protecting the local community.

At its Dec. 7 meeting, the council unanimously approved the consent calendar item, which follows numerous meetings between city officials and concerned residents regarding how to keep residents safe among a potential influx of new sober living homes. 

Hall prepared the agenda item himself, which earned a word of gratitude from then-Mayor Chris Duncan.

The staff report detailed how state-imposed land use regulations limit municipalities from regulating sober living facilities, which house people recovering from addiction and facing other challenges. It also stated that such homes pose a danger to the community by increasing the frequency of activities “not suitable for surrounding residents.”

“Sober living facilities are perhaps the most invasive result of the loss of local control,” the city said in the report. “By right–or, in other words, without any City approval or regulation–companies operating sober living facilities can locate within existing residential neighborhoods.”

The approved actions include staff creating a detailed list of every facility in the city,  conducting regular inspections, and “aggressively” enforcing applicable code compliance violations, facility license provisions, and additional regulations from the San Clemente Municipal Code. 

Hall will also designate a staff member to “obtain as much knowledge and expertise in regulations of sober living facilities as possible,” becoming the point of contact for residents to address all questions and complaints.

The letter to the governor stated that state laws concerning sober living facilities “directly conflict” with the city’s mission statement of maintaining a healthy and safe atmosphere and preserving the community’s character.

“When state mandates, with no public input, arbitrarily disrupt the adopted plans and programs of cities, the lives of real people are impacted, and residents lose faith in our democratic process,” it continued. 

Sober living facilities are more focused on the business aspect rather than surrounding communities, the city claimed. It added that the facilities’ short-term nature of housing transient people belies the yearslong investment of residents working to create a positive place to live.

The letter suggested five amendments to state regulations: allowing cities to identify varying factors through which to regulate such facilities; implementing strict penalties, such as loss of license, for violations; including comprehensive background checks in the licensing process and conducting monthly inspections; suspending “ ‘by right’ approval” until after Congress’ consideration of Rep. Mike Levin’s Studying Outcomes and Benchmarks for Effective Recovery (SOBER) legislation; and holding the state itself liable for property damage and other impacts to communities as a result of sober living homes.

“As the elected leader of California, we call on you to end the practice of destroying community character by implementing policies that jeopardize neighborhood safety,” the letter said. “In particular, the restoration of local control of zoning and land use enabled by local police powers should be promoted by your office.”

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