Owners of 3 Costa Mesa sober-living homes take appeal for permits to Planning Commission

Following a rejection by city staff, owners of three Westside sober-living homes will go before the Costa Mesa Planning Commission on Monday to petition for permits they need to remain open.

Commissioners will consider the applications for special use permits, one for a home on Raleigh Avenue and two for properties on Joann Street.

Staff previously denied all three petitions because the residences were deemed too close to other drug and alcohol recovery or treatment facilities, according to city documents.

A city ordinance adopted in 2014 requires that sober-living homes with six or fewer occupants in single-family neighborhoods be at least 650 feet from one another.

Such facilities, which generally house recovering drug and alcohol addicts who are considered disabled under state and federal law, also are required to obtain special permits to operate.

“If they don’t [get the permits], they will be out of compliance and our code enforcement officers are actively pursuing the larger facilities to ensure they have valid permits and also that they comply with the nuisance laws already on the books,” city spokesman Tony Dodero said Friday.

Two of the properties on Monday’s agenda are next to each other at 647 and 653 Joann St.

The owner of both, Richard Perlin of Huntington Beach, used to live just down the street from the properties. He said he’s appealing to the commission because he believes Costa Mesa “has crafted an ordinance that usurps my rights as a property owner.”

He has owned both properties since about 2004, he said, and has operated them as sober-living homes for years under the name Victory House Enterprises.

Though he’s dealt with some complaints over the years, Perlin said Friday that he has always strived to be a good neighbor.

“I have a great deal of affection for Costa Mesa and its residents,” he said. “I’m not out here to cause any trouble, but, on the other hand, I’m certainly not going to be kicked around, and that’s what’s happening here.”

Costa Mesa resident Gregg Ohlhaver owns the other property on the agenda, at 2152 Raleigh Ave., which he operates as Keystone Sober Living.

Though Ohlhaver said he understands why the city might want to “downsize the large, multimillion-dollar companies that came in and bought five, six, seven homes on the same street,” he owns and operates only the one property.

Ohlhaver described his operation as a “tight ship” that’s been open for 13 years without “one single complaint” from his neighbors. He believes the city’s regulations are illegal and discriminatory against recovering alcoholics and drug addicts.

“I just don’t understand why they want to get rid of me when I’ve done nothing but good things for the community,” he said.

Ohlhaver and Perlin said they plan to pursue legal action if the Planning Commission denies their appeals. The city has already faced lawsuits from some operators over the ordinance.

Staff is recommending that the commission uphold the denial of all the applications.

In recent years, Costa Mesa officials and residents have raised concerns over the growing number of sober-living homes in the city. Many argue they can be disruptive to neighborhoods and contribute to undue amounts of noise, parking problems and secondhand smoke, among other ill effects.

Currently, Costa Mesa has 83 state-licensed drug and alcohol facilities, Dodero said, and 95 other facilities that are considered sober-living homes.

The city’s ordinance is geared to empowering staff to better document and regulate the homes, according to Dodero.

“It’s important to note that in a few cases, sober-living homes were operating in neighborhoods where many neighbors did not even know they existed,” Dodero said. “Now, with our ordinance, operators are required to apply for permits, and that, in turn, gives the city the ability to address problems effectively if and when they do arise.”

Last fall, the council approved another ordinance that created similar rules for sober-living homes in multifamily-zoned areas.

So far, the city has issued 75 citations to single-family and multifamily operators who have not obtained the necessary permits, Dodero said.

“Costa Mesa respects the rights of those residents of sober-living home operators, but we also strive to balance their rights with the rights of our residents to live in peace and harmony in their neighborhood,” he said.

Monday’s Planning Commission meeting starts at 6 p.m. at City Hall, 77 Fair Drive.