The Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (2024)

Citation: The Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (2024)
Parent Document: The Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (2024)
Jurisdiction: United States (federal)
Effective Date: 2024-12-04
Original Source: https://www.courtlistener.com/opinion/10287865/the-ohio-house-llc-v-city-of-c... ↗

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created the “[s]ober living home” category, defined as “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.” Id. § 13-6; Socal
Recovery, 56 F.4th at 806.
     The 2014 regulations also imposed new substantive
requirements for group homes located in single-family
zoning districts (R1 zones). Boardinghouses—both small
and large—are categorically prohibited from operating in R1
zones. CMMC § 13-30 (Costa Mesa Land Use Matrix).
Group homes, including sober-living homes, with more than
six residents are prohibited in R1 zones. Id. § 13-312. Group
homes with six or fewer residents may operate in R1 zones
if they obtain a special-use permit. Id. § 13-311. Sober-living
homes must also obtain a special-use permit and comply
with a separation requirement. Id. § 13-311(a)(14)(i). The
separation requirement mandates that sober-living homes be
spaced at least 650 feet apart, “as measured from the closest
property lines, of any other sober living home or a state
licensed alcoholism or drug abuse recovery or treatment
facility.” Id.
    In 2015, the City enacted new regulations governing
multi-family residential districts (MFR zones). Id. §§ 13-
322 to -324. Ordinance 15-11 requires that all group homes
with six or fewer residents located in MFR zones, including
sober-living homes, obtain a special-use permit and satisfy
the separation requirement. Id. § 13-322(a). Group homes
with over six occupants in MFR zones must obtain a
conditional-use permit. Id. § 13-323. A conditional-use
permit may be granted only if the separation requirement is
satisfied “unless the reviewing authority determines that
such location will not result in an over-concentration of
similar uses.” Id. § 13-323(b). A group-home operator
12       THE OHIO HOUSE, LLC V. CITY OF COSTA MESA

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