Mission Viejo moves forward with new regulations on group and sober living homes

Tonya Willis came before the Mission Viejo City Council on Tuesday to share what it is like living next to two side-by-side sober living homes in her neighborhood.

She complained about altercations in the street, profanity and loud music.

“My children don’t play out in front of the house,” Willis said.

It’s a familiar story of frustration that council members have heard from residents before as homes meant to help people suffering from addiction have been seen as a cash grab turned public nuisance by bad actors.

But after years of spearheading efforts to regulate sober living homes, council members finally had a local law before them to strengthen the city’s hand.

The law, which passed a first reading unanimously, will require that all new and existing sober living homes apply for a group home permit with contact information for the owner, operator and house manager listed.

Sober living homes, which must offer legitimate recovery programs, can no longer be within 1,000 feet of each other.

A house manager must be available on a 24-hour basis.

New regulations also outline an eviction policy where 48 hours prior to taking such action, a sober living home has to notify a resident’s emergency contact and arrange for a ride to take them to a home address or another care facility.

In addition, sober living homes must adhere to a “good neighbor” policy and refrain from “excessively loud, profane or obnoxious behavior.”

“This has been a long time coming,” said Councilwoman Trish Kelley. “I’m excited about this. This is going to be a great tool in our toolbox.”

Willis had questions about the new law, including whether sober living home operators would be fined for violating it.

City Atty. William Curley mentioned that a violation of city code entails a $500 fine, but that Mission Viejo wouldn’t necessarily be taking that approach with regard to sober living homes.

“We would look to the cost of city abatement,” he said. “We will not subsidize bad activity, and if we have to shut it down, we’ll want everything back.”

In circumstances where existing sober living homes are already within 1,000 feet of each other there will be a winnowing of sorts, which could include which facility applies for a group home permit first.

During the same meeting, council members also received an update on legislative efforts in Sacramento from Jeff Corless of the California Sober Living and Recovery Task Force.

A slew of bills from local members of the state Assembly and Senate, both Republican and Democrat, seek to address issues from group and sober living homes.

Assemblywoman Diane Dixon (District 72) is proposing Assembly Bill 3, which aims to remove single-family home zoning protections for new facilities next year if they open within 300 feet of another home with the same owner, shared amenities and more than six residents between the two.

Through Senate Bill 329, state Sen. Catherine Blakespear (District 38) wants to speed up investigations of state-licensed sober living homes to no more than 60 days after a state audit found that the Department of Health Care Services took more than a year to complete 22 of 60 probes reviewed.

The task force was founded in Mission Viejo in 2022 and is co-chaired by Mission Viejo Councilwoman Wendy Bucknam, County Supervisor Katrina Foley and Assemblywoman Laurie Davies, educates its members and the public on such legislative efforts.

It has also grown to become a bipartisan coalition that brings together local and state officials, law enforcement and residents. Beginning this year, the task force became its own nonprofit organization.

Bucknam credited the task force with the regulations she and her council colleagues gave initial approval of.

Foley helped lead county efforts to draft a template law for the consideration of cities like Mission Viejo.

A second, procedural vote at a future council meeting will formally pass the regulations into law.

“I do think that this is a good idea,” said Councilwoman Cynthia Vasquez. “It is definitely about protecting our residents here in the city of Mission Viejo, and it’s also about protecting the residents that are in these homes.”