Costa Mesa City Council to again review disputed permit application from sober-living home

A winding review process for a Costa Mesa sober-living home could soon come to a conclusion as City Council members are set to decide Tuesday whether to officially award a required permit — even though they voted in favor of doing so more than two months ago.

The upcoming hearing will be the second time the matter has appeared on the agenda since a divided council voted in March to award a conditional use permit for a Summit Coastal Living sober-living facility housing up to 12 people, plus a resident house manager, in three units at 2041 Tustin Ave.

That decision — which overturned an earlier Planning Commission denial — was made over the objections of residents who blamed the facility for neighborhood noise, parking, traffic, litter and crime.

However, when it came time for council members to finalize their approval in April, they held off, saying they wanted to discuss issues raised regarding requests for police, fire, paramedic and code enforcement services at the facility.

According to a city staff report, there have been seven calls for police service at the property since September 2014. Five came from either those living in the facility or the property owner and the other two were requests to check on the welfare of the residents.

Code enforcement hasn’t received any complaints or requests for service regarding the property since Summit Coastal Living began operating in 2013.

“Based on a review of the available calls and requests for service, staff [has] found no evidence to demonstrate lack of compliance with the applicable criteria set forth in the Costa Mesa Municipal Code,” the report states.

As council members pointed out when they originally approved the permit, the property complies with Costa Mesa’s requirement that group homes, licensed alcohol and drug treatment facilities and sober-living homes be at least 650 feet from one another in residential areas.

The council’s earlier approval came with a number of conditions, including that sex offenders and people on probation or parole not be allowed to live in the home and that the city can inspect the facility on weekdays with 24 hours’ notice.

Council members also stipulated that no more than two residents can be from out of state at any given time and that the conditional use permit will expire if the property’s ownership changes.

Tuesday’s council meeting starts at 6 p.m. at City Hall, 77 Fair Drive.

Contract for opioid attorney

Council members also will consider whether to retain a law firm, Newport Beach-based Andrews & Thornton, for possible litigation on behalf of the city against the manufacturers and distributors of prescription opioids.

Should the council OK the agreement, the firm “would pursue litigation on behalf of the city seeking to recover the damages the city has suffered as a result of the over-prescription of opioids” — a class of drugs that includes powerful legal prescription painkillers, such as oxycodone, hydrocodone and morphine, and illegal substances like heroin.

The agreement would be “on a contingency fee basis,” according to the report, so Andrews & Thornton would receive compensation from the city only if money is recovered through a lawsuit. In those cases, the firm would receive up to 20% of the gross award.

The proposal is on Tuesday’s consent calendar — a list of items considered routine that can be approved with one vote — so it won’t be discussed separately unless a resident or council member requests it.

luke.money@latimes.com

Twitter @LukeMMoney