• Support
  • Advertise
  • Locations
  • Contact
Saturday, February 4, 2023
No Result
View All Result
NEWSLETTERS
San Clemente Times
  • Calendar
    • Event Calendar
    • Submit an Event
  • Sections
    • Eye on SC
    • Soapbox
      • Submit a Letter
    • Getting Out
    • SC Living
    • Sports & Outdoors
    • SC Surf
    • Dana Point Times
    • Capistrano Dispatch
  • Digital Edition
  • Best of SC
  • Explore SC
  • Legals & Classifieds
    • Locals Only Business Directory
    • Classifieds
    • Submit a Classified
    • Obituaries
    • Announcements
    • Submit an Announcement
    • Legal & Public Notice Advertising
  • Special Publications
    • Money Matters
    • Best of San Clemente
    • A New You
    • Aging Well – For the Young at Heart
    • Crib to College
    • Festival of Whales Event Program
    • Holiday Happenings & Gift Guide
    • Triton Football Preview
    • Go See Do
    • The Green Issue
  • SC Guide
  • Real Estate
    • South County Real Estate Guide
    • Real Estate – Who’s Who
  • Calendar
    • Event Calendar
    • Submit an Event
  • Sections
    • Eye on SC
    • Soapbox
      • Submit a Letter
    • Getting Out
    • SC Living
    • Sports & Outdoors
    • SC Surf
    • Dana Point Times
    • Capistrano Dispatch
  • Digital Edition
  • Best of SC
  • Explore SC
  • Legals & Classifieds
    • Locals Only Business Directory
    • Classifieds
    • Submit a Classified
    • Obituaries
    • Announcements
    • Submit an Announcement
    • Legal & Public Notice Advertising
  • Special Publications
    • Money Matters
    • Best of San Clemente
    • A New You
    • Aging Well – For the Young at Heart
    • Crib to College
    • Festival of Whales Event Program
    • Holiday Happenings & Gift Guide
    • Triton Football Preview
    • Go See Do
    • The Green Issue
  • SC Guide
  • Real Estate
    • South County Real Estate Guide
    • Real Estate – Who’s Who
No Result
View All Result
San Clemente Times
No Result
View All Result

OC Superior Court: Talega Sober Living Home May Continue to Operate, Must Get License

Staff by Staff
June 28, 2016 11:28AM
in EYE ON SC, News Headlines
UPDATE: Rock Slide at San Clemente/Capo Beach Border Closes Coast Highway
0
SHARES
Share on FacebookShare on Twitter

SC logo squareBy Matt Cortina

An Orange County Superior Court judge determined in a tentative ruling on Monday, June 27 that a sober living home in Talega was not operating as a business, but did violate the homeowners’ associations rules regarding nuisances. Judge Craig Griffin ruled the sober living home could continue to operate as long as it requested a property management license from the city and adhered to the neighborhood’s noise, smoking and conduct regulations.

Lawyers for the co-plaintiffs—the city of San Clemente and David Hurwitz, a Talega resident next to whom a sober living home is operating—asked Griffin to order an immediate injunction that would’ve required the sober living home (run by Sober Network Properties LLC, the defendant) to stop operating. Griffin denied that request.

The judge ruled that the plaintiffs had not yet proven that Sober Network Properties are violating homeowners’ association codes by operating a business out of their Talega residence. Court records indicate the plaintiffs argued that because the home’s manager had received payment from Sobertec (a partner group of Sober Network Properties), that it was operating a business. However, the judge ruled that it would be unjust to qualify the home as a business just because rent is paid or tenants have special living arrangements—many other homes in Talega are leased, or those “types of restrictions are frequently imposed by parents, roommates and other ‘family’ groups who may permissibly live in the neighborhood.”

“Payment for use of a home is not sufficient to establish operation of a business. Homeowners are free to lease their homes to tenants and receive compensation for that rental. It does not make the home, itself, a ‘business,’” the ruling continued.

However, the judge ruled that Sober Network Properties must file for a business license within 15 days. The key is that the home itself is not a business, but SNP is managing property in the city, including the sober living home. For that, it needs to get a license.

“They need to apply for a business license because they’re operating a business in the city. I don’t think there’s any question about that,” Griffin said.

A lawyer for Joseph Scolari argued that because SNP is based in San Juan Capistrano, all it needs to file for is a property manager’s license in San Clemente.

A second hearing is schedule for August 15 to determine further regulations and living arrangements. Many were looking to this case as a harbinger for how cities regulate sober living homes. Those recovering from alcohol and drug abuse are considered “disabled” and because of the Americans with Disabilities Act, cities and neighborhood associations cannot ban them from living in their area. As many sober living homes operate out of multi-room luxury homes in Southern California, it has caused their neighbors to complain about what they perceive as negative impacts—smoke, noise and safety issues.

The city of Dana Point filed two lawsuits last week against treatment facilities, including one owned by Sobertec. Their justification is that the homes are creating an undue nuisance, and do not have necessary state licensure.

The judge acknowledged in his ruling that the issue of regulating sober living homes is very delicate.

“The question of when and how a ‘group home’ crosses over from a home to a business is complicated and cannot, at this point, be determined as a matter of law,” the ruling read.

Share this:

  • Click to share on Twitter (Opens in new window)
  • Click to share on Facebook (Opens in new window)

Related

Tags: hurwitzSan ClementeSober Livingsober living san clementeTalegatalega sober living
ShareTweetPin
Staff

Staff

Related Posts

Dana Wharf Whale Report: Gray Whale Cow-Calf Pair Sighting Continue to Increase

Dana Wharf Whale Report: Gray Whale Cow-Calf Pair Sighting Continue to Increase

February 3, 2023
San Juan Hills Girls Basketball Bounces Back, Outduels San Clemente for South Coast League Title

San Juan Hills Girls Basketball Bounces Back, Outduels San Clemente for South Coast League Title

February 3, 2023
Marblehead Students Learn About Watersheds with Artist Wyland

Marblehead Students Learn About Watersheds with Artist Wyland

February 3, 2023
San Clemente Parent Wants to Open New Charter School in South Orange County

OC Board of Education Approves New Capo Unified Charter School

February 3, 2023
Next Post

UPDATE: OCFA Says Arson Caused Two-Story Stucture Fire on Tuesday in San Clemente

Discussion about this post

No Result
View All Result

SC Times Daily
Get important news and updates delivered straight to your inbox. Sign up here.

Subscriptions
Don’t get the SC Times delivered to your home? Subscribe today.

Advertising
Get new customers and drive traffic to your business. Advertise with us.

Support Local Journalism
For less than the cost of a couple of cups of coffee a month, become an “Insider” member and continue to get “Local News You Can Use” from the only independently owned, dedicated local news organization in South Orange County.

Contribute today.

Picket Fence Media is a proud member of the SoCal Media Network.

  • Archive
  • Contact Us
  • Dana Point Times
  • The Capistrano Dispatch
  • Terms of Use
  • About Us

© 2023 Picket Fence Media

No Result
View All Result
  • Calendar
    • Event Calendar
    • Submit an Event
  • Sections
    • Eye on SC
    • Soapbox
      • Submit a Letter
    • Getting Out
    • SC Living
    • Sports & Outdoors
    • SC Surf
    • Dana Point Times
    • Capistrano Dispatch
  • Digital Edition
  • Best of SC
  • Explore SC
  • Legals & Classifieds
    • Locals Only Business Directory
    • Classifieds
    • Submit a Classified
    • Obituaries
    • Announcements
    • Submit an Announcement
    • Legal & Public Notice Advertising
  • Special Publications
    • Money Matters
    • Best of San Clemente
    • A New You
    • Aging Well – For the Young at Heart
    • Crib to College
    • Festival of Whales Event Program
    • Holiday Happenings & Gift Guide
    • Triton Football Preview
    • Go See Do
    • The Green Issue
  • SC Guide
  • Real Estate
    • South County Real Estate Guide
    • Real Estate – Who’s Who

© 2023 Picket Fence Media