Judge decides to restrict group home

Jennifer Kho

COSTA MESA -- A judge decided last week to restrict an Orange Avenue

group home from accepting new tenants, at least until a more permanent

decision is made next month.

The court order will be self-enforced, however, Civil Commissioner

Jane Myers said.

City officials dropped criminal charges earlier this month against

Coastal Recovery Living LLC, at 1976 and 1978 Orange Ave., but filed a

civil lawsuit in its place, asking for damages and an injunction to stop

owners Robert and Tracy Tameny from operating the home.

The lawsuit -- which was scheduled to be heard Thursday -- alleges the

home violated several city codes that prohibit more than six people from

living in a single-family home.

According to the codes, the home -- made up of two houses -- is

restricted to 12 tenants, with six in each house acting as the

“functional equivalent of a traditional family.”

Roger Davis, a Coldwell Bankers employee, said the house at 1976

Orange Ave. has eight bedrooms and the one at 1978 has four bedrooms.

Both houses are up for sale for $649,900 and $420,000, respectively.

Myers’ decision stemmed from a request by Cliff Roberts, attorney for

the Tamenys, to postpone the Thursday hearing to give him more time to

collect evidence. She granted the continuation but imposed the temporary

restraining order until the next hearing, Nov. 16.

The issue of “transiency,” the length of the residents’ stays, was the

main issue at the hearing.

Jeffrey Goldfarb, an attorney for the city, said group home residents

stay for a short period of time and move in and out of the home every

week, upsetting the stability of the neighborhood.

Roberts argued the city has no evidence of transiency other than

hearsay.

Goldfarb said he is happy with Myers’ decision.

“This is certainly some of the relief we’re asking for,” he said. “No

one is getting kicked out; they’re just not accepting any new people. If,

as the defendants claim, the occupants are not transient, we should be

able to apply the restraining order for five years and not have a change

because the same people would live there. But my hunch is we’re going to

see a substantial change in the number of people who are living there.”

A resident of the group home who would not reveal his name said the

restraining order will not affect the facility.

“We’re full, so it is not going to affect anything,” he said. “I don’t

know what they’re trying to do. They’re saying this is a transient place

where we have a revolving door, but that’s not true. We go through long

periods where people stay for a long time. So, hopefully, we will just

keep the people we have here now.”

Roberts was unavailable for comment, and no one from his office

returned calls.