Group home rehearing denied

Deirdre Newman

Insufficient evidence doomed any chance for a rehearing requested by

the owner of a sober-living group home to expand the number of

clients she serves.

Eleanor Manion, who owns “Dove Cottage” in the 3100 block of Cork

Lane, asked the City Council to rehear her request to increase her

clients from six to eight. Her lawyer, Eric Katz, suggested the

council was applying the wrong legal standard in denying the increase

and failing to comply with the law.

On Monday, the council voted 4 to 0, with Gary Monahan absent, to

deny the hearing based on acting City Atty. Tom Wood’s analysis that

there was no new evidence to support it and that the City Council did

comply with the law.

The city is embroiled in a lawsuit against Manion for already

exceeding the number of clients she is allowed to have.

The decision means that Manion has exhausted all recourse with the

city and must now decrease the number of clients she serves or face

the city in court in June.

Katz was not present to argue for the rehearing. Mayor Karen

Robinson, a lawyer, expressed disappointment that Katz had not shown

up.

“Unfortunately, Katz is not here to explain which legal standard

was applied incorrectly,” Robinson said.

On Feb. 10, the Planning Commission denied Manion’s expansion

request, citing problems caused by the current number of clients --

including numerous police and code enforcement complaints -- and the

lack of salient information provided by Katz, who said he was

hamstrung in divulging information because of the lawsuit. On March

3, the City Council rejected Manion’s appeal.

The city limit for residents of group homes in residential areas

is six. Manion insists that adding two more people is necessary for

peer support to allow two residents to live in each of the bedrooms

of her modest home.

In the application for the rehearing, Katz stated that Manion

would produce evidence supporting this claim. Robinson questioned why

it had not been divulged before.

Manion’s home has five bedrooms. She said she is averse to turning

her extra bedrooms into living or recreation rooms because she

already has both.

At the March 3 City Council hearing, Katz argued that it’s the

city’s responsibility to provide “reasonable accommodation” under the

federal Fair Housing Act, which bans discrimination against the

handicapped. People recovering from drug or alcohol addiction are

considered handicapped under the act.

Robinson rejected Katz’s argument.

* DEIRDRE NEWMAN covers Costa Mesa and may be reached at (949)

574-4221 or by e-mail at [email protected].