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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applying for a conditional-use permit must also obtain an
operator’s permit. Id. § 13-323(c).
    Ordinance 15-11 imposes different rules for
boardinghouses located in MFR zones. Small
boardinghouses, with two rooms or fewer, do not require a
permit but must be located at least 650 feet from any other
small boardinghouse. CMMC § 13-30 (table n.7). Large
boardinghouses, with three to six rooms, must be separated
from any other boardinghouse by at least 1,000 feet and must
obtain a conditional-use permit. But unlike group homes,
they need not obtain an operator’s permit to qualify for a
conditional-use permit. Id.
    Ordinance 15-11 and its companion ordinance,
Ordinance 15-13, apply retroactively to group homes. Pre-
existing facilities had a year to obtain a conditional-use
permit and 120 days to obtain an operator’s permit from the
effective date of the ordinances (December 17, 2015). Id.
§ 13-324. The regulations do not apply retroactively to
boardinghouses. See generally id.
   The City passed additional ordinances in 2017,
Ordinances 17-05 and 17-06, that altered the application
requirements for group homes and provided revised
procedures for seeking reasonable accommodations.
                B. The Ohio House, LLC
    Ohio House operates a structured men’s sober-living
facility at 115 East Wilson Street (Wilson Property). The
Wilson Property is in a MFR zone, specifically a Multiple-
Family Residential, Medium Density zone, that is designated
“Commercial Residential.” This property consists of five
2400-square-foot, two-story detached units, each with four
bedrooms, outdoor space, a garage, and a parking area. Each
          THE OHIO HOUSE, LLC V. CITY OF COSTA MESA        13

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