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2020-16 Sober Living Facilities ORDINANCE 2020-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, AMENDING TITLES 2, 9 AND 30 OF THE ENCINITAS MUNICIPAL CODE AND THE DOWNTOWN ENCINITAS, NORTH 101 CORRIDOR, ENCINITAS RANCH, AND CARDIFF-BY-THE-SEA SPECIFIC PLANS, AND THE LOCAL COASTAL PLAN RELATING TO GROUP HOMES AND SOBER LIVING FACILITIES WHEREAS, pursuant to the authority granted under the California Constitution, Article Xl, Section 7, the City of Encinitas (City) has broad police power to preserve the characteristics of its neighborhoods, which powers have been recognized by both the California Supreme Court and the United States Supreme Court, the latter of which has stated that, "[ijt is within the power of the legislature to determine that the community should be beautiful as well as health, spacious as well as clean, well-balanced as well as carefully patrolled"; WHEREAS, cities have a legitimate governmental interest in preserving the residential character of their neighborhoods and protecting against public nuisance activities, so long as their regulations do not unfairly discriminate against or impair an individual's rights of privacy and association; WHEREAS, in recent years, many jurisdictions throughout the State have seen a significant increase in the number of single-family homes being utilized as alcohol and drug recovery facilities, also known as "sober living homes" for large numbers of individuals; WHEREAS, the City recognizes that when operated responsibly, these facilities provide a societal benefit for recovering alcoholics and drug addicts, who are considered individuals with disabilities under Federal and State law, by allowing them to reside in and integrate into single- family neighborhoods; WHEREAS, over the years, the City has received a number of complaints regarding adverse secondary effects that sober living homes may have on neighborhoods with single-family residences, including, but not limited to, overcrowding, inordinate amounts of second-hand smoke, loitering, trash/debris, noise, parking and traffic issues; WHEREAS, the City desires to modify its current provisions to reasonably regulate group homes, including sober living facilities, to ensure that these uses are operated professionally to minimize impacts to the surrounding neighborhood; provide individuals with disabilities reasonable housing accommodations, and prevent an overconcentration of group homes operating in neighborhoods with single-family residences; WHEREAS, the City further desires to adopt provisions which strike a balance between upholding the City's and its residents' interests of preserving the characteristics of neighborhoods and providing opportunities for those individuals with disabilities to reside in single-family residences; WHEREAS, on September 3, 2020, the Encinitas Planning Commission held a duly- noticed public hearing concerning the proposed land use and zoning regulations governing group homes, including sober living facilities, and recommended approval of those regulations to the City Council; WHEREAS, a Public Notice of Availability of proposed Local Coastal Plan Amendments (LCPA) was issued, which opened a six-week public review period that ran from July 31, 2020 through September 11, 2020; WHEREAS, the Planning Commission found the proposed regulations to be exempt from the California Environmental Quality Act (CEQA) because this is not a project within the meaning of Section 15378 of the CEQA Guidelines since there is no potential for it to result in a physical change in the environment, either directly or indirectly. In the event this Ordinance is found to be subject to CEQA, it is exempt from CEQA pursuant to the exemption contained in CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility of a significant effect on the environment; and WHEREAS, the City Council conducted noticed Public Hearings on November 18, 2020 and December 16, 2020 for the purpose of considering amendments to Titles 2, 9 and 30 of the Encinitas Municipal Code, and amendments to the Downtown Encinitas, North 101 Corridor, Encinitas Ranch, and Cardiff-by-the-Sea Specific Plans. NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains as follows: SECTION 1: The foregoing recitals are true and correct. SECTION 2: Section 2.28.090 (Director of Development Services) of the Encinitas Municipal Code is hereby amended as shown in Exhibit 1 attached hereto and incorporated herein � Y � by this reference. SECTION 3: Chapter 9.39 (Regulation of Group Homes) of the Encinitas Municipal Code is hereby added as shown in Exhibit 2, attached hereto and incorporated herein by this reference. SECTION 4: Chapter 30.04 (Zoning Definitions) of the Encinitas Municipal Code is hereby amended as shown in Exhibit 3, attached hereto and incorporated herein by this reference. SECTION 5: Chapter 30.09 (Zoning Use Matrix) of the Encinitas Municipal Code is hereby amended as shown in Exhibit 4, attached hereto and incorporated herein by this reference. SECTION 6: Section 30.16.010 (Development Standards) of the Encinitas Municipal Code is hereby amended as shown in Exhibit 5, attached hereto and incorporated herein by this reference. SECTION 7: Chapter 30.17 (Group Homes — Land Use) of the Encinitas Municipal Code is hereby added as shown in Exhibit 6, attached hereto and incorporated herein by this reference. SECTION 8: The Downtown Encinitas Specific Plan is hereby amended as shown in Exhibit 7, attached hereto and incorporated herein by this reference. SECTION 9: The North 101 Corridor Specific Plan is hereby amended as shown in Exhibit 8, attached hereto and incorporated herein by this reference. SECTION 10: The Encinitas Ranch Specific Plan is hereby amended as shown in Exhibit 9, attached hereto and incorporated herein by this reference. SECTION 11: The Cardiff-by-the-Sea Specific Plan is hereby amended as shown in Exhibit 10, attached hereto and incorporated herein by this reference. SECTION 12: This Ordinance is consistent with the purposes of the Zoning Code and the Encinitas General Plan in that the Ordinance balances the General Plan goals and policies to implement and continue fair housing practices in the City as set forth in the Housing Element, with the goal to also ensure that the existing desirable character of the City's communities is maintained as set forth in the Land Use Element. SECTION 13: This is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because there is no potential for it to result in a physical change in the environment, either directly or indirectly. In the event this Ordinance is found to be subject to CEQA, it is exempt from CEQA pursuant to the exemption contained in CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility of a significant effect on the environment. SECTION 14: This Ordinance is consistent with the adopted Local Coastal Program in that the amendments will not interfere with the protection and maintenance of the overall quality of the coastal zone environment by assuring that the character of single-family neighborhoods are not undermined. SECTION 15: This Ordinance is intended to be carried out in a manner in full conformance with the California Coastal Act of 1976 and the Director of Development Services is hereby authorized to submit this Ordinance as part of the Local Coastal Program Amendment to the California Coastal Commission for its review and adoption. SECTION 16: If any section, sentence, clause or phrase of this Ordinance is determined to be invalid, illegal or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council declares that it would have passed and adopted this Ordinance, and each section, sentence, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 17: This Ordinance shall take effect and be in force on the date of adoption by the California Coastal Commission, regardless of whether an area is or is not within the Coastal Zone, but not sooner than thirty (30) days after its passage by the City Council. The City Clerk of the City of Encinitas is hereby authorized to use summary publication procedures pursuant to Government Code section 36933 utilizing the Coast News, a newspaper of general circulation designated for legal notices publication in the City of Encinitas. INTRODUCED at a regular meeting of the City Council of the City of Encinitas, California, held on this 18th day of November, 2020; and PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Encinitas, California, held on the 16' day of December, 2020. Catherine S. Blakespear, Mayor ATTEST: �08 Ii )�a � A Kathy Holl wood, W Clerk APPROVED AS TO FORM: Les ee E. Devaney, City erney I ATTACHMENTS: Exhibit 1 —Amendment— EMC § 2.28.090 (Director of Development Services) Exhibit 2 —Addition — EMC Ch. 9.39 (Regulation of Group Homes) Exhibit 3 —Amendment— EMC Ch. 30.04 (Zoning Definitions) Exhibit 4 —Amendment— EMC Ch. 30.09 (Zoning Use Matrix) Exhibit 5 —Amendment— EMC § 30.16.010 (Development Standards) Exhibit 6 —Addition — EMC Ch. 30.17 (Group Homes — Land Use) Exhibit 7 —Amendment— Downtown Encinitas Specific Plan Exhibit 8 —Amendment— North 101 Corridor Specific Plan Exhibit 9 —Amendment— Encinitas Ranch Specific Plan Exhibit 10 —Amendment— Cardiff-by-the-Sea Specific Plan The revisions are in strikeouUunderline format. Chapters or Sections which are being added as completely new provisions are not underlined as all text is new. CERTIFICATION I, Kathy Hollywood, City Clerk of the City of Encinitas, California, do hereby certify under penalty of perjury that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on this 18th day of November, 2020 and that thereafter the said ordinance was duly and regularly adopted at a meeting of the City Council on this 16th day of December, 2020 by the following vote, to wit: AYES: Blakespear, Hinze, Kranz, Mosca NOES: None ABSENT: Hubbard ABSTAIN: None Kathy Hollyw od, Cit Jerk EXHIBIT 1 Amendment— EMC 4 2.28.090 Title 2—Administration Chapter 2.28 — Executive Team Positions and Officers Section 2.28.090 — Director of Development Services F. The Director or designee shall make a final determination as authorized by the Code for the following applications: 1. CDP; 2. Minor use permits; 3. Minor variances; 4. Tentative parcel maps; 5. Waivers of EMC Section 30.16.010610; 6. Administrative design review; 7. Lot line adjustments; 8. Certificates of compliance; 9. Extension requests; 10. Agriculture permits; 11. Reasonable accommodations 12 Group home permits; 13. Other applications and duties as required by this Code. EXHIBIT 2 Addition — EMC Ch. 9.39 Title 9 - Public Safety, Peace, and Welfare Chapter 9.39 — Regulation of Group Homes 9.39.010 Purpose — Findings and Determinations 9.39.020 Definitions 9.39.030 Group Home Permit Required 9.39.040 Permit Application and Issuance 9.39.050 Operating Requirements 9.39.060 Permit Denial and Revocation 9.39.070 Existing Group Homes Operating as Residential Care Facilities 9.39.080 Fee Allocation and Modification 9.39.090 Exceptions 9.39.100 Severability 9.39.010 Purpose— Findings and Determinations. The City Council finds and determines as follows: A. This Chapter, in conjunction with Chapter 30.17 of this Municipal Code, is intended to preserve the residential character of neighborhoods with single-family homes and to further the purposes of the California Fair Employment and Housing Act (FEHA), the Fair Housing Act Amendments (FHAA), and the Lanterman Act by, among other things: (i) ensuring that Group Homes are entitled to the accommodations provided under this Municipal Code; (ii) limiting the secondary impacts of Group Homes, including, but not limited to reducing noise and traffic, preserving safety, and providing adequate on-street parking; (iii) providing accommodations for Handicapped individuals that are reasonable to the opportunities afforded to non-Handicapped individuals to use and enjoy a residential dwelling unit; and (iv) providing a comfortable living environment for all residents and neighbors that will enhance the opportunity for Handicapped individuals to be successful in their programs. B. The requirements and restrictions imposed by this Chapter are reasonably necessary to protect the public health, safety and welfare. C. This Chapter shall not be construed in a manner that is inconsistent with any Federal and/or State laws governing Group Homes. 9.39.020 Definitions. The terms and definitions set forth in Chapter 30.04 of this Municipal Code shall apply to the provisions of this Chapter. All references in this Chapter to the term "Director" shall mean "the Director of Development Services, or his or her designee". 9.39.030 Group Home Permit Required. Except as otherwise provided in this Chapter, it shall be unlawful for any person to operate a Group Home, or permit any other person to operate a Group Home, within the jurisdiction of the City without obtaining a valid Group Home Permit issued pursuant to the provisions of this Chapter. 9.39.040 Permit Application and Issuance. A. An application for a Group Home Permit shall be filed on a form provided by the City, and shall be signed and submitted to the Director, under penalty of perjury, by the owner/Operator of the Group Home. B. A Group Home Permit application must include all of the following information, which shall be updated, within fourteen (14) days, when there is any change to ensure that the City has current information on file at all times relating to the Group Home and its owner(s), Operator(s) and house manager(s): 1. Legal name, address, telephone number, and website of the Group Home business, if any. 2. Form of business under which the Group Home will operate (e.g., corporation, limited liability company, general or limited partnership, sole proprietorship, or any other form). 3. Legal name, address, and telephone number of the real property owner of the premises at which the Group Home will operate, if different from the owner/Operator of the Group Home, an executed copy of any lease or rental agreement for the premises, and written approval from the real property owner to operate a Group Home at the premises. 4. Legal name, address, telephone number, and driver's license number, of all owner(s)/Operator(s) of the Group Home. 5. Legal name, address, telephone number, and driver's license number of all house manager(s) of the Group Home. 6. Copy of the Group Home's rules and regulations. 7. Copy of the Group Home's written intake procedures. 8. Copy of the Group Home's relapse policy. 9. Blank copies of any application, lease and all other forms that residents and potential residents of the Group Home are required to complete. 10. Affirmation by the owner/Operator of the Group Home that only Handicapped individuals (other than a house manager) shall reside in the Group Home. 11. Signed statement by each owner/Operator of the Group Home acknowledging the following: (i) all of the information contained in the Group Home Permit application is true and correct; (ii) all owners, Operators and house managers are familiar with the requirements of this Chapter and all applicable requirements of Title 30 of this Municipal Code; (iii) all owners, Operators and house managers are responsible for ensuring compliance with this Chapter and all applicable requirements of Title 30 of this Municipal Code; (iv) failure to comply with Federal, State or local laws, rules, or regulations, including the provisions of this Chapter and all applicable requirements of Title 30 of this Municipal Code, may result in the revocation of a Group Home Permit. C. Upon change of property ownership or material fact required to be included in the application, a new application for a Group Home Permit shall be submitted to the Director within 14 days of such change. A new application fee may be required. D. The Director shall issue a Group Home Permit as a ministerial determination if the applicant is in compliance with or has agreed to comply with the provisions of this Chapter and all applicable provisions under Title 30 of this Municipal Code. At least fourteen (14) days prior to issuing a Group Home Permit, the Director shall cause written notice of application to be mailed to the owner of record and residents of all properties within five hundred (500) feet of the location of the group home. The request shall be processed independently of any other required development permits. However, approval of a Group Home Permit may be conditioned upon approval of other related permits. E. In granting a request for Group Home Permit, the Director may impose conditions of approval deemed reasonable and necessary to ensure that the Group Home Permit would comply with the requirements of this Chapter and Chapter 30.17 of this Municipal Code. F. In accordance with Section 2.28.090, all decisions of the Director are to be posted at City Hall and on the City's website and shall become final fifteen (15) days thereafter unless a timely appeal is filed to the City Council. 9.39.050 Operating Requirements. No person shall operate a Group Home, or permit any other person to operate a Group Home, within the jurisdiction of the City unless all of the following operating requirements are met, and the person is in compliance with all applicable provisions of Title 30 of this Municipal Code. A. A Group Home must have six (6) or fewer residents, not counting a resident house manager, but in no event shall have more than seven (7) residents, unless the Group Home obtains a Conditional Use Permit (Major) from the City. B. A Group Home must have a house manager who resides at the Group Home, or any multiple number of persons acting as a house manager who are present at the Group Home on a 24-hour basis, and who is responsible for the day-to-day operations of the Group Home. C. A Group Home must not provide care and/or supervision as those terms are defined by Health and Safety Code Section 1503.5 and Section 82001(c)(3) of Title 22, California Code of Regulations, as those sections may be amended from time to time. D. All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Residents and the house manager may each only park a single vehicle at the dwelling unit or on any street within 500 feet of the dwelling unit. All vehicles must be operable and currently used as a primary form of transportation for a resident and house manager of the Group Home. E. The property must be in compliance with all applicable laws, including, but not limited to, the City's building, fire, zoning, and land use approvals, and all other applicable Federal, State and local laws, rules, requirements, standards, and regulations, including, but not limited to, the California Building Standards Code and the California Fire Code. F. The number of residents subject to the sex offender registration requirements of Penal Code Section 290 shall not exceed the limit set forth in Penal Code Section 3003.5 and shall not violate the distance provisions set forth in Penal Code Section 3003, as those sections may be amended from time to time. G. At least forty-eight (48) hours prior to eviction from or involuntary termination of residency in a Group Home, the owner/Operator shall: 1. Notify the person designated as the resident's emergency contact or contact of record that the occupant will no longer be a resident at the home. 2. Contact the County of San Diego to determine services available to the resident, including, but not limited to, alcohol and drug inpatient and outpatient treatment. 3. Provided, however, that if the resident's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the Group Home Permit for that facility, the operator shall comply with paragraphs 1 and 2 of this Subsection as soon as possible. 4. A Group Home owner/Operator shall maintain records relating to this Subsection for a period of one (1) year following eviction from or involuntary termination of residency of an occupant, provided, however, that nothing herein shall require an owner/Operator of a Group Home to violate any provision of Federal or State law regarding the confidentiality of health information. H. All drivers of vehicles picking up or dropping off persons at a Group Home shall comply with all applicable provisions of this Municipal Code and the California Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping. I. The following additional requirements shall apply to Sober Living Homes operating within the jurisdiction of the City: 1. All residents of the Sober Living Home, other than the house manager(s), must be actively participating in an established recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the Sober Living Home must maintain current records of meeting attendance. Under the Sober Living Home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction. 2. A Sober Living Home's rules and regulations must prohibit the use and/or possession of any alcohol, cannabis, or any non-prescription drugs at the Sober Living Home or by any recovering alcoholic and drug addict either on- or off-site. The Sober Living Home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except by the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on-site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the Sober Living Home's rules for residency and the violator cannot be re-admitted for at least ninety (90) days. Any second violation of these rules shall result in permanent eviction. Alternatively, the Sober Living Home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. 3. A Sober Living Home shall have a written visitation policy that shall preclude any visitors who are under the influence of or in possession of any drug, cannabis or alcohol. 4. A Sober Living Home shall have, and provide the City with a copy of, a good neighbor policy that shall direct residents to be considerate of neighbors, including refraining from engaging in excessively loud, nuisance, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the owner/Operator or house manager to follow when a neighbor complaint is received. 5. A Sober Living Home shall not provide any of the following services as they are defined by Section 10501(a)(6) of Title 9, California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. 9.39.060 Permit Denial and Revocation. A. A Group Home Permit shall be denied, and if already issued, shall be revoked, by the Director upon any of the following grounds: 1. A material misrepresentation, false or misleading information was included on the Group Home Permit application. 2. Any owner/Operator or house manager of the Group Home has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft, falsifying a drug test, and/or selling or furnishing illegal drugs or alcohol. 3. Any owner/Operator or house manager of the Group Home has been convicted of or pleaded nolo contendere, within the last seven to ten years, to any of the following offenses: a. Any sex offense, including violations for which the person is required to register as a sex offender under California Penal Code Section 290 (last ten years); b. Any arson offense, including violations of Penal Code sections 451- 455 (last seven years); C. Any violent felony, as that term is defined by Penal Code section 667.5, which involves doing bodily harm to another person (last ten years); or d. The unlawful sale or furnishing of any controlled substances (last seven years). 4. Any owner/Operator or house manager of the Group Home is on parole or formal probation or supervision on the date of application submittal, or any time thereafter. 5. Any owner/Operator accepts residents into the Group Home, other than a house manager, who are not Handicapped. 6. Any owner/Operator or house manager of a Sober Living Home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety. 7. Any owner/Operator of a Sober Living Home fails to immediately take measures to remove any resident from the Group Home who uses alcohol, cannabis, drugs or illegally uses prescription drugs, or who is not actively participating in an established recovery program. 8. A violation of any provision under this Chapter, any applicable provision under Title 30 of this Municipal Code, and/or any other applicable Federal, State and/or local law, rule and/or regulation has occurred on the premises of the Group Home. 9. Revocation shall not apply to any Group Home, which otherwise would cause it to be in violation of this Ordinance, that has obtained a reasonable accommodation pursuant to Chapter 30.86 of this Municipal Code. B. The appeal procedures for the denial or revocation of a Group Home Permit shall be those set forth in Chapters 1.12 and 2.28 of this Municipal Code. C. No Group Home Permit that is revoked by the City may be transferred to any other person or entity. D. If a Group Home Permit application is denied, or if a Group Home Permit is revoked pursuant to this Section, the applicant or permit holder, as applicable, may not reapply for a new Group Home Permit for a period of six (6) months from the date of such denial or revocation. 9.39.070 Existing Group Homes Operating as Residential Care Facilities. A facility existing in the City as a Residential Care Facility as of the effective date of this Ordinance, which operates as a Group Home, as that term is defined under Title 30 of this Municipal Code, must obtain a Group Home Permit in compliance with this Chapter within ninety (90) days of the effective date of this Ordinance. 9.39.080 Fee Allocation and Modification. The City Council shall establish, by Resolution, a non-refundable Group Home Permit applicable fee. The appropriate fee shall accompany the submission of each Group Home Permit application to defray in part the reasonable costs of the administration and enforcement of this Chapter. The fee shall be reviewed annually and adjusted, as necessary, by the Director to determine whether such fees are adequate to cover the costs of implementing the provisions of this Chapter. The issuance of any Group Home Permit pursuant to this Chapter shall not relieve the property owner of the obligation to comply with all other provisions of this Municipal Code pertaining to the use and occupancy of their property. 9.39.090 Exceptions. The requirements of this Chapter shall not apply to the following uses, and no Group Home Permit shall be required for such uses: A. State-licensed Alcoholism or Drug Abuse Recovery or Treatment Facility; or B. State-licensed Residential Care Facility. 9.39.100 Severability. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. EXHIBIT 3 Amendment— EMC Ch. 30.04 Title 30 — Zoning Chapter 30.04 — Definitions The following definitions are amended to read as follows: ALCOHOL AND DRUG TREATMENT G-ENTCR ALCOHOLISM OR DRUG ABUSE RECOVERY OR TREATMENT FACILITY shall mean a dwelling Mit that PFGV*des an in Substanees AGt (Galifamia Wealth R- Safety Gode Seration 11000 et. seel.) (GFd. 2006 036) any premises, place, or building that provides residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse. and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Alcoholism or Drug Abuse Recovery or Treatment facilities shall be licensed by the State pursuant to Section 11834.01 of the California Health & Safety Code. Alcoholism or Drug Abuse Recovery or Treatment Facilities are a subset of Residential Care Facilities as that term is defined by this Chapter. GROUP RESIDENTIAL shall mean shared living quarters, occupied by more than one person, which lack separate kitchen and bathroom facilities for each room or unit, as well as shared living quarters occupied by two or more persons not living together as a single housekeeping unit. This classification includes boarding houses, dormitories, fraternities, sororities, and private residential clubs, but excludes (Residential scare Facilities; general;and FesideRtial GaFe, limited, Group Homes and Sober Living Homes. RESIDENTIAL CARE FACILITY, (_`v�NC" ERAL shall mean a residential facility licensed by the State where care services or treatment is provided to persons living in a supportive community residential setting Residential Care Facilities include but may not be limited to the following: intermediate care facilities for the developmentally disabled (Health &Safety Code M 1267.8. 1267.9) community care facilities (Health & Safety Code §§ 1500 et sea )* residential care facilities for the elderly (Health & Safety Code 4& 1569 et seg.): residential care facilities for the chronically ill (22 C.C.R. § 87801(a)(5): Health & Safety Code G 1568.02): alcoholism and drug abuse facilities (Health &Safety Code S& 11834.01 et sea.)* pediatric day health and respite care facilities (Health & Safety Code S& 1760 et seg.): residential health care facilities, including congregate living health facilities (Health & Safety Code M 1265 — 1271.1. 1250(i). 1250(e). 1250(h)): family care home, foster home, group home for the mentally disordered or otherwise handicapped persons or dependent and neglected children (Welfare & Institutions Code &§ 5115-5120). For Purposes of this definition. a 'Residential Care Facility. Limited" serves six (6) or fewer persons, and a 'Residential Care Facility. General' serves seven (7) or more persons. unit) for seven OF MGM per-sons with physiGal OF mental impaiFFnents that substantially tegetheF as a family. This GlassifiGatien ORGludes, but is not limited to gFeup homes, RESIDENTIAL CARE FACILITY, LIMIT-ED hall FReaR shaFed living .. aFte.n (withe 1 with physiGal eF FR8Rtal impaiffnents that substantially lifflit GRe OF FROM Of GUsh peF60n'S- FnajGF life aGtiVities. This GlassifiGation ineludes, but is Rot limited to group heme6, reGoveFy TFeatmeRt GenteF f8F SubstaRse Abuse aFe also inGluded in this slassifisation. (C)Fd. 2005 n1\ The following definitions are added (and shall be integrated in alphabetical order)to read as follows: DISABLED shall have the same meaning as "Handicapped" as that term is defined by this Chapter. FAIR HOUSING LAWS shall mean, without limitation, the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act, as each statute may be amended from time to time, and each statute's implementing regulations. GROUP HOME shall mean a facility that is being used as a supportive living environment for persons who are considered Handicapped, as that term is defined by this Chapter, under State or Federal law. A Group Home operated by a single Operator or service provider constitutes a single facility, whether the facility occupies one or more dwelling units. Group Homes shall not include the following: (i) Residential Care Facilities; and (ii) any Group Home that operates as a Single Housekeeping Unit, as those terms are defined by this Chapter. For purposes of this definition, a "Group Home, Limited" serves six (6) or fewer persons, and a "Group Home, General" serves seven (7) or more persons. GROUP HOME PERMIT shall mean a permit issued by the City of Encinitas to operate a Group Home as required by Chapter 9.39 of this Municipal Code. HANDICAPPED shall mean, as more specifically defined under the Fair Housing Laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. HOUSEHOLD shall mean all of the people occupying a dwelling unit and includes people who live in different rooms of a dwelling unit governed by the same Operator. INTEGRAL FACILITIES shall mean any combination of two (2) or more Group Homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, Operator, management company, licensee, or any affiliate of any of them, and that are integrated components of one operation. Integral Facilities shall be considered one facility for purposes of applying Federal, State and local laws to its operation. Examples of such Integral Facilities include, but are not limited to, the provision of housing in one (1)facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one (1) licensed or unlicensed facility. INTEGRAL USES shall mean any two (2) or more residential care programs commonly administered by the same owner, Operator, management company, licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such Integral Use shall be considered one use for purposes of applying Federal, State and local laws to its operation. OPERATOR shall mean a company, business or individual who provides residential services, i.e., the placement of individuals in a residence, setting of house rules, and i governing behavior of the residents as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management and leasing of the property and that does not otherwise meet the definition of Operator. SINGLE HOUSEKEEPING UNIT shall mean that the occupants of a dwelling unit have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, Household activities, and expenses and responsibilities; membership in the Single Housekeeping Unit is fairly stable as opposed to transient, members have some control over who becomes a member of the Household, and the residential activities of the Household are conducted on a nonprofit basis. There is a rebuttable presumption that Integral Facilities do not constitute Single Housekeeping Units. Additional evidence that a Household is not operating as a Single Housekeeping Unit include but are not limited to: the occupants do not share a lease agreement or ownership of the property; members of the Household have separate, private entrances from other members; members of the Household have locks on their bedroom doors; or members of the Household have separate food storage and/or cooking facilities, such as separate refrigerators. SOBER LIVING HOME shall mean a Group Home for persons who are recovering from a drug and/or alcohol addiction and who are considered Handicapped under State or Federal law. For purposes of this definition, Sober Living Homes are not State-licensed and are not permitted to provide medical care, services and/or treatment on its premises. Sober Living Homes shall not include the following: (i) Residential Care Facilities; or (ii) any Sober Living Home that operates as a Single Housekeeping Unit. For purposes of this definition, a "Sober Living Home, Limited" serves six (6) or fewer persons, and a "Sober Living Home, General" serves seven (7) or more persons. EXHIBIT 4 Amendment— EMC Ch. 30.09 Title 30—Zoning Chapter 30.09 —Zoning Use Matrix The following uses are added to the existing Zoning Use Matrix, including the corresponding footnotes, (and shall be integrated in alphabetical order) to read as follows: ZONES USES RR RS- R- R- R-30 M O L G V LI B P/S ER/O L- L- RR- 11 11 20 OL H P C C S P P S LC VSC 1 R-3 R- R- P C RR- R-5 15 25 2 R-8 Group Home P P p p p36 X X X X X X X X X X X Limited-6 — — — — — — — — — — — — — —or fewer01 Group Home General- C29 C29 C C C36 X X X X X X X C X X X — — — — — — — — — — — — 7 or more — — 28 41 Sober Living Home P P p p p36 X X X X X X X X X X X Limited- — — — — — — — — — — — — — — — 6 or fewer 41 Sober Living Home C29 C29 C C C36 X X X X X X X C X X X General- — — — — — — — — — — — — — — — — 7 or more28.41 41 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of this Municipal Code. The following ootnotes are amended in the existing Zoning Use Matrix, to read as follows: 9 9 9 28 Nonconforming Residential sCare#Facilities, General: Group Homes. General: and/or Sober Living Homes, General for 7 or more legally established as of March 9, 2005, may be expanded or intensified through issuance of a conditional use permit (major) pursuant to Municipal Code Section 30.16.010612. 29 Residential sCare#Facilities, gGeneral: Group Homes, General: and/or Sober Living Homes. General for 7 or more are permitted through issuance of a conditional use permit (major) only if the property is located on a prime arterial circulation element road as shown on the General Plan. EXHIBIT 5 Amendment— EMC 6 30.16.010 Title 30—Zoning Chapter 30.16 — Residential Zones Section 30.16.010 — Development Standards B. All Residential Zones. The following development standards shall apply to all residential zones: 12. Nonconforming 'Residential Care, General," "Group Home. General' and/or"Sober Living Home, General'facilities, if determined by City review as being lawfully established and in existence on the date of adoption of this Code section, may expand or rebuild in accordance with the development standards for the zone where it is located. When an expansion increases the intensity of the use, a major use permit shall be required. An increase in land use intensity may include, but not be limited to: an increase in the number of residents, traffic and/or noise impacts, or a relocation or expansion of outdoor activity areas. EXHIBIT 6 Addition — EMC Ch. 30.17 Title 30—Zoning Chapter 30.17 —Group Homes — Land Use/Zoning 30.17.010 Purpose — Findings and Determinations 30.17.020 Land Use and Zoning Requirements 30.17.030 Severability 30.17.010 Purpose— Findings and Determinations. The City Council finds and determines as follows: A. This Chapter, in conjunction with Chapter 9.39 of this Municipal Code, is intended to preserve the residential character of neighborhoods with single-family homes and to further the purposes of the California Fair Employment and Housing Act (FEHA), the Fair Housing Act Amendments (FHAA), and the Lanterman Act by, among other things: (i) ensuring that Group Homes are entitled to the accommodations provided under this Municipal Code; (ii) limiting the secondary impacts of Group Homes including, but not limited to, reducing noise and traffic, preserving safety, and providing adequate on-street parking; (iii) providing accommodations for Handicapped individuals that are reasonable to the opportunities afforded to non-Handicapped individuals to use and enjoy a residential dwelling unit; and (iv) providing a comfortable living environment for residents and neighbors that will enhance the opportunity for Handicapped individuals to be successful in their programs. B. The requirements and restrictions imposed by this Chapter are reasonably necessary to protect the public health, safety and welfare. C. This Chapter shall not be construed in a manner that is inconsistent with any Federal and/or State laws governing Group Homes. 30.17.020 Land Use and Zoning Requirements. Group Homes shall be subject to the following land use requirements, in addition to all other requirements contained in Chapter 9.39 of this Municipal Code: A. A Group Home Permit shall be obtained in conformance with Chapter 9.39 of this Municipal Code. B. Group Homes, Limited, including Sober Living Homes, Limited, with six (6) or fewer residents are only permitted in the zones identified in Section 30.09.010 of this Municipal Code, Zoning Use Matrix, Downtown Encinitas Specific Plan, North 101 Corridor Specific Plan, Encinitas Ranch Specific Plan, and Cardiff-by-the-Sea Specific Plan, and shall not be permitted in any other zones. C. Group Homes, General, including Sober Living Homes, General, with seven (7) or more residents are subject to the following requirements: i 1. Require approval of a Conditional Use Permit (major); and 2. Only permitted in the zones identified in Section 30.09.010 (Zoning Use Matrix) of this Municipal Code, Downtown Encinitas Specific Plan, North 101 Corridor Specific Plan, Encinitas Ranch Specific Plan, Cardiff-by-the-Sea Specific Plan and shall not be permitted in any other zones. D. A Group Home shall not be located in an accessory dwelling unit or junior accessory dwelling unit, unless the primary dwelling unit is used for the same purpose. Residents of all units will be combined to determine the total number of residents of the Group Home. E. Group Homes are not permitted to operate as Integral Facilities. F. A Group Home or Sober Living Home shall not be located within six hundred fifty (650) feet of any other Group Home, Sober Living Home, Residential Care Facility, or a State-licensed Alcoholism or Drug Abuse Recovery or Treatment Facility, as measured in a straight line, without regard to intervening structures, from property line to property line. G. An applicant may seek relief from the strict application of this Section by submitting an application to the Director setting forth specific reasons as to why accommodation over and above this Section is necessary under Federal and State laws, pursuant to Chapter 30.86 (Reasonable Accommodation) of this Municipal Code. 30.17.030 Severability. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. EXHIBIT 7 Amendment—Encinitas Downtown Specific Plan The Encinitas Downtown Specific Plan is hereby amended by adding the following uses, including the addition of footnotes, and shall be integrated into these Sections in alphabetical and chronological (footnotes) order, to read as follows (underline is used to denote new text being added): Sections 3.2.1A.1 and 3 are amended to read as follows: A. Zone: Residential 11 (D-R11) 1. Permitted Uses: Group Home. Limited (6 or fewer) e Sober Living Home. Limited (6 or fewer) s 5 All Group Homes and/or Sober Living Homes, please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. 3. Major Use Permits: Group Home. General (7 or more)' Sober Living Home. General (7 or more)' 1 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. Sections 3.2.16.1 and 3 are amended to read as follows: B. Zone: Residential 15 (D-R15) 1. Permitted Uses: Group Home. Limited (6 or fewer) 6 Sober Living Home. Limited (6 or fewer) s 6 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. 3. Major Use Permits: Group Home. General (7 or more)' Sober Living Home. General (7 or more)' 1 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. i Sections 3.2.1C.1 and 3 are amended to read as follows: C. Zone: Residential 25 (D-R25) 1. Permitted Uses: Group Home, Limited (6 or fewer) e Sober Living Home. Limited (6 or fewer) s 5 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. 3. Major Use Permits: Group Home. General (7 or more)' Sober Living Home. General (7 or more)' 1 All Group Homes and/or Sober Living Homes, please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code, Sections 3.2.2A.3 is amended to read as follows: A. Zone: Office Professional (D-OP) 3. Major Use Permits: Group Home. General (7 or more) z Sober Living Home, General (7 or more)z 2 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. Sections 3.2.3A.1 and 3 are amended to read as follows: 3.2.3 Mixed Use Zones A. Zone: Commercial Mixed - First Street (D-CM-1) 1. Permitted Uses: Prohibited in a storefront location Group Home Limited 6 or fewer ' X Sober Living Home. Limited (6 or fewer)', X 7 i 1 Permitted as stand-alone not to exceed 25 du/acre, or in conjunction with a permitted commercial or office use in a mixed-use development. Dwelling units may not exceed 50%of the gross allowable floor area for the development site in a mixed-use development. 7 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. X — Prohibited in a storefront location; Permitted above and/or behind primary commercial use in a non- storefront location. Ground floor uses in storefront locations shall be limited to "retail only" and/or business that serve patrons on an unannounced or drop-in basis. See First Floor Retail Standards, Section 3.2.3.A (4)(n). 3. Major Use Permits: Prohibited in a storefront location Group Home General 7 or more ' X Sober Living Home. General (7 or morel X I 1 All Group Homes and/or Sober Living Homes. Please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. X - Prohibited in a storefront location; Permitted above and/or behind primary commercial use in a non- storefront location. Ground floor uses in storefront locations shall be limited to"retail only" and/or business that serve patrons on an unannounced or drop-in basis. See First Floor Retail Standards, Section 3.2.3. A (4)(n). Sections 3.2.38.1, 2 and 3 are amended to read as follows: B. Zone: Commercial Mixed - Second Street (D-CM-2) 1. Permitted Uses: Group Home. Limited (6 or fewer)'- Sober Living Home. Limited (6 or fewer)',' 1 Permitted as stand-alone not to exceed 25 du/acre, or in conjunction with a permitted commercial or office use in a mixed-use development. Dwelling units may not exceed 50% of the gross allowable floor area for the development site in a mixed-use development. 6 All Group Homes and/or Sober Living Homes. please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. 2. Minor Use Permits: Group Home. Limited (6 or fewer), stand alone 2.1 Sober Living Home. Limited (6 or fewer), stand alone 2.3 2 Stand-alone residential development, up to 25 du/acre per site, is allowed subject to the finding that the acreage of all residential-only land use within the Second Street D-CM-2 zone does not exceed 25%of all land acreage in the zone. It is intended that stand-alone residential use be spread more or less evenly throughout the zone, and not be concentrated so as to preclude the predominant commercial character of lands within the D-CM-2 zone. 3 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. 3. Major Use Permit: Group Home. General (7 or more)' Sober Living Home. General (7 or more)' 1 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. Sections 3.2.3C.1 is amended to read as follows: C. Zone: Visitor Commercial Mixed (D-VCM) 1. Permitted Uses: Group Home. Limited (6 or fewer) ,a Sober Living Home. Limited (6 or fewer)' 'Permitted in conjunction with a primary commercial or office professional use. Residential permitted in floors above ground floor, only. 4 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of the Encinitas Municioal Code. Sections 3.2.3D.1 and 3 are amended to read as follows: D. Zone: Office Mixed (D-OM) 1. Permitted Uses: Group Home, Limited (6 or fewer)3 Sober Living Home. Limited (6 or fewer)3 3 All Group Homes and/or Sober Living Homes, please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. 3. Major Use Permits: Group Home. General (7 or more)' Sober Living Home, General (7 or more)' 1_All Group Homes and/or Sober Living Homes, please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. i EXHIBIT 8 Amendment— North 101 Corridor Specific Plan The North 101 Corridor Specific Plan is hereby amended by adding the following uses, including the addition of footnotes, and shall be integrated into these Sections in alphabetical and chronological (footnotes) order, to read as follows (underline is used to denote new text being added): Sections 3.2.1A.1 and 3 are amended to read as follows: A. Zone: Commercial Mixed 1 (N-CM-1) 1. Permitted Uses: Group Home, Limited (6 or fewer)' 8 Sober Living Home. Limited (6 or fewer)'8 1 Allowed in mixed-use developments only. 8 All Group Homes and/or Sober Living Homes, please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. 3. Major Use Permits: Group Home. General (7 or more)' Sober Living Home, General (7 or more)' 1 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. Sections 3.1.2.B.1 and 3 are amended to read as follows:: Zone: Commercial Mixed 2 (N-CM-2) 1. Permitted Uses: Group Home. Limited (6 or fewer)'•8 Sober Living Home Limited (6 or fewer)'e 1 Allowed in mixed-use developments only. 8 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. i 3. Major Use Permits: Group Home. General (7 or more)' Sober Living Home. General (7 or more)' 2 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. Sections 3.1.2.C.1 and 3 are amended to read as follows: C. Zone: Commercial Mixed 3 (N-CM-3) 1. Permitted Uses: Group Home. Limited (6 or fewer)'s Sober Living Home. Limited (6 or fewer)'9 2 Allowed in mixed-use developments only. 9 All Group Homes and/or Sober Living Homes, please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code, 3. Major Use Permits: Group Home. General (7 or more)' Sober Living Home, General (7 or more)' 9 All Group Homes and/or Sober Living Homes, please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. Sections 3.1.2.D.1 and 3 are amended to read as follows:: D. Zone: Commercial Residential Mixed 1 (N-CRM-1) 1. Permitted Uses: Group Home. Limited (6 or fewer)' Sober Living Home, Limited (6 or fewer)' 7 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. 3. Major Use Permits: Group Home, General (7 or more)' Sober Living Home, General (7 or more)' 1 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of this Municipal Code Sections 3.1.2.E.1 and 3 are amended to read as follows: E. Zone: Commercial Residential Mixed 2 (N-CRM-2) 1. Permitted Uses: Group Home, Limited (6 or fewer)' Sober Living Home. Limited (6 or fewer)' 7_All Group Homes and/or Sober Living Homes, please refer to Chapters 9.39 and 30.17 of this Municipal Code 3. Major Use Permits: Group Home, General (7 or more) ' Sober Living Home. General (7 or more)' 1 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of this Municipal Code i EXHIBIT 9 Amendment— Encinitas Ranch Specific Plan The Encinitas Ranch Specific Plan is hereby amended to read as follows (underline is used to denote new text being added): Portions of the City's Municipal Code are Incorporated by Reference into this Specific Plan ■ Section 30.16.020B —Planned Residential Development ■ Cater 30.17 — Group Homes— Land Use • Chapter 30.26 — Adult Businesses The Encinitas Ranch Specific Plan is hereby amended by adding the following uses, including the addition of footnotes, and shall be integrated into these Sections in alphabetical and chronological (footnotes) order, to read as follows (underline is used to denote new text being added): Section 6.2.2A is amended to read as follows: 6.2.2 USES PERMITTED A. Permitted Uses. Group Home. Limited (6 or fewer)' Sober Living Home, Limited (6 or fewer)" 4 All Group Homes and/or Sober Living Homes, please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. Section 6.5.2A is amended to read as follows: 6.5.2 USES PERMITTED A. Permitted Uses. Group Home. Limited (6 or fewer)° Sober Living Home, Limited (6 or fewer)^ 4 All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. i Sections 6.7.1 A of the Encinitas Ranch Specific Plan is amended to read as follows: 6.7 MIXED USE ZONE ("ER-MU1"ZONE) 6.7.1 USES PERMITTED A. Permitted Uses. Group Home. Limited (6 or fewer)' Sober Living Home, Limited (6 or fewer)' 5 All Group Homes and/or Sober Living Homes, please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. Section 6.8.1 of the Encinitas Ranch Specific Plan is amended to read as follows: 6.8 MIXED-USE ZONE (11ER-MU2" ZONE) 6.8.1 USES PERMITTED USE WEST SAXONY Group Home Limited 6 or fewer P(') Sober Living Home Limited 6 or fewer P(') (7) All Group Homes and/or Sober Living Homes please refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. LEGEND P = Permitted by Right C = Conditional Use Permit (Major Use Permit) Required Cm = Conditional Use Permit (Minor Use Permit) Required X = Prohibited EXHIBIT 10 Amendment— Cardiff-by-the-Sea Specific Plan The Cardiff-by-the-Sea Specific Plan is hereby amended by adding the following uses to Table 3-1, including the addition of footnotes, and shall be integrated into these Sections in alphabetical and chronological (footnotes) order, to read as follows (underline is used to denote new text being added): TABLE 3-1 Cardiff-by-the-Sea Specific Plan Area Zoning Matrix - Use Comparison P = Permitted by Right P 1 = Permitted on ground floor only Cm 2 = Upper floor only A = Ancillary (see EMC C = Major Conditional Use Permit P 2 = Upper floor only 30.04) Cm = Minor Conditional Use Permit C 2 = Upper floor only X = Prohibited ZONE Use -R C-OP C 1 C C-GC-2 Notes All Group Homes and/or Sober Living Homes. please Group Home. Limited (6 or fewer) P X_ X X refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. All Group Homes and/or Sober Living Homes. please Group Home, General (7 or more) C X X X refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. All Group Homes and/or Sober Living Homes. please Sober Living Home. Limited (6 or fewer) P X X X refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code. All Group Homes and/or Sober Living Homes, please Sober Living Home, General (7 or more) C X X X refer to Chapters 9.39 and 30.17 of the Encinitas Municipal Code.