COSTA MESA : City Rejects Center’s Bid for a Permit

Despite a recent U.S. Supreme Court ruling that cities may not use zoning laws to keep out drug and alcohol rehabilitation centers, the City Council this week denied a permit to the Recovery Center.

Though the center’s executive director, Nancy Clark, said she is convinced that the city’s action violates the spirit of the court decision, she said the apartment complex at 1110 Victoria St. will continue to house 40 recovering alcoholics and drug addicts.

“I wanted to do this the right way and get the permits, but we don’t need them,” Clark said.

Councilman Gary Monahan and Councilwoman Mary Hornbuckle, who supported the application, said Clark cannot be penalized if she continues to manage the apartment complex as a “sober living” facility. But by denying her a permit, they said, both the city and the state of California forfeit their right to oversee the operations of The Recovery Center.

“We are giving up the opportunity to better regulate this facility,” Hornbuckle said.

Allan L. Roeder, Costa Mesa’s city manager, said the council based its decision on City Atty. Thomas Kathe’s interpretation of the recent court ruling.

“He interpreted it as concurring with the Supreme Court decision on the basis that the city cannot use planning authority to discriminate against people,” Roeder said.

Council members who voted against giving the permit said they did so because the center does not fit in with the land use of the surrounding area. “It is definitely a business and should not be in a residential area,” Councilwoman Sandra L. Genis said.