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... ↗

Full Text

1,842 chars

of the five units houses six to eight residents for a total of
approximately 45 residents, including a house manager.
    The Wilson Property began offering services and
housing to men in substance-abuse recovery in 2012. Most
residents moved to the Wilson Property after completing a
substance-abuse treatment program. Residents must agree to
rules designed to promote recovery to live independently
without relapse. Residents spend an average of seven months
living at Ohio House.
            C. The City’s Code Enforcement
     In March 2016, City authorities investigated the Wilson
Property and noted that it was “a Group Home serving 7 or
more in the R2 zone and is subject to Ord. 15-11.” Within a
week, the City notified Ohio House that the property was
subject to Ordinance 15-11. Id. Ohio House applied for a
conditional-use permit and an operator’s permit, as required,
but its application was denied because the Wilson Property
is located 550 feet from another sober living home that had
already obtained a conditional use-permit. In fact, there were
four other group homes within 650 feet of the Wilson
Property—the licensed sober living home, two state-licensed
treatment facilities, and an un-permitted facility against
which the City was pursuing enforcement.
    In September 2017, Ohio House requested a reasonable
accommodation or a waiver of the separation requirement,
but the City’s Economic and Development Services Director
denied these requests. Among other considerations, the
Director noted that not requiring Ohio House to comply with
the separation requirement would fundamentally alter the
City’s zoning program. Ohio House appealed this denial to
the City’s Planning Commission and stated at a public
hearing that it would cap occupancy at the Wilson Property
14       THE OHIO HOUSE, LLC V. CITY OF COSTA MESA

Other Sections in This Document (107)

Full Text