SIGN THE PETITION

Demand the State of California take action in regard to closing the existing loopholes that allow drug rehabilitation facilities and sober living businesses to operate independently of local zoning ordinances under the pretext of being like minded households, and therefore exempt from the type of regulation required of all other types of community care, health, and boarding facilities.

SIGN THE PETITION

SAN CLEMENTE TAKING ACTION

As of July 8, 2015, the city of San Clemente city council voted unanimously to enact a temporary moratorium on the establishment of any new sober-living homes or large drug or alcohol treatment facilities in residential and/or commercially zoned areas of town.

 

The intent, the City Council said, is to give city staff time to evaluate and recommend changes to the Municipal Code to regulate the facilities, as well as other types of home-based businesses that may impact neighborhoods.

WHAT CAN YOU DO?

You can help the city enforce the moratorium on group homes, and assist them in evaluating the impact of other types of home-based businesses on local communities and neighborhoods.

 

If you witness any of the below violations in your neighborhood or around town,

please email Brent Panas, San Clemente Code Compliance Supervisor directly to report the issues.

 

 

 

 

 

 

 

POTENTIAL MUNICIPAL CODE VIOLATIONS

FOR HOME BASED BUSINESSES AND OTHER COMMERCIAL USES IN RESIDENTIAL ZONES

 

Trash or litter.

No litter on sidewalks or streets (§§ 8.40.030–040) swept into gutter (§ 8.40.060) or left on private property (even if it’s your own) (§§ 8.40.190–200). Litter is also prohibited as part of the city’s unruly gathering ordinance. (§ 9.16.010(A)(1)(h).

 

Noise.

No loud, unnecessary, or unusual noise that disturbs the peace and quiet of any neighborhood (§ 8.48.040) including music (§ 8.48.070(B)), yelling or shouting (id., subd. (D)) especially between 10 pm and 7 am. Also addressed by the unruly gathering ordinance. (§ 9.16.010(A)(1)(a).) Loud or unruly gatherings. No gatherings of eight or more people that involves loud or unruly conduct that results in a nuisance. (§ 9.16.010 et seq.) By definition, these are a public nuisance, and the city may enforce the ordinance by issuing citations or arresting violators, or both. (§ 9.16.020(A).) Activity organizers and sponsors, as well as residence owners, may all be liable for public nuisance unless they didn’t give permission for the violator to be there or they couldn’t have forseen the violation.

 

Parking.

No blocking streets or driveways with cars or crowds. (§ 9.16.010(A)(1)(b)–(c).)

 

Fights.

No assaults, batteries, fights, or other disturbances of the peace. (§ 9.16.010(A)(1)(f).)

 

Urinating or defacating.

Can’t do either of these in public. (§§ 9.16.010(A)(1)(j); 9.04.080.)

 

Public drunkness.

Includes being high, as well as drunk. (§ 9.16.010(A)(1)(k).)

 

Offensive language.

No offensive, lewd, vulgar, licentious, profane, threatening, abusive, or insulting language in public. (§ 9.04.010(B)(1).)

(Carries 1st Amendment constraints)

 

Offensive behavior.

Carries 1st Amendment Constraints (§ 9.04.010(B)(2).)

 

Obstruct sidewalk.

(§ 9.04.010(B)(12.)

 

Consuming alcohol in public.

(§9.040.020.)

 

Building and safety codes.

(17.24.020(C).)

 

Unfit character/business license.

(Section 5.04.100) (A person conducting a business is of an unfit character to conduct the same; or that the purpose for which the License has been issued is being abused to the detriment of the public; or that the License is being used for a purpose different from that for which it was issued.) Lying on business-license application. Must disclose “exact nature or kind of business”  (number of beds, no medical treatment, etc.)   (§ 5.04.030(A)(1))

 

Home occupations.

Employees limited to residents of the dwelling unit.

(Possible State preemption)

 

Require business license.

(§ 17.28.160(B)(1).) No direct sale of any service allowed on premises, except for individual instruction for self improvement.

(§ 17.28.160(C)(6)(a).)

(Possible State preemption)

 

Traffic.

May not cause an increase in vehicular traffic in the neighborhood. (§ 17.28.160(C)(10).)

 

Home occupation.

May only use up to 20 percent of home’s floor area. (§ 17.28.160(C)(12.)

Report a Violation

Report a Violation