People in Encinitas are appalled over a new drug rehab facility in their neighborhood. They told NBC 7 it’s affecting their kids’ safety and causing traffic.
It comes on the heels of a state audit of the Department of Health Care Services, revealing that Southern California facilities need more oversight. The audit focused on two clusters of drug treatment facilities in San Diego County and Orange County. In each case, there were several operating in the same neighborhood, under the same ownership.
In Olivenhain, one neighborhood is hoping to get lawmakers’ attention about the new facility in their cul-de-sac.
“The adults that know this facility is here will not let their small children walk that trail,” said decades-long resident Linda Rose.
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She has been active at city council, citing her concern over drug treatment facilities in San Diego.
Mark Randall, another long-time Windsor Estates resident, has been vocal too. His concerns have heightened after reading a recent audit of California’s drug and alcohol treatment facilities.
“A patient that got out, went into the next door neighbor’s house. The guy shot him and killed him. Now I don’t have a gun, but I don’t want somebody breaking into my house,” said Randall.
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That incident occurred in Orange County. In fact, state legislators Catherine Blakespear and David Alvarez mentioned it in their letter last year, requesting the state audit the facilities.
In Encinitas for example, there are five in one neighborhood all under the same owner. The audit highlighted how owners were able to avoid zoning regulations and reduce costs, if each facility houses fewer than six patients.
“I don’t want them in my backyard, and we don’t want the kids to see patients coming and going, said Randall. “We’re not trying to be critical of them, we obviously have the sympathy and want to see them get the help they need, it seems to be done at the expense of the neighborhoods.”
The audit found that state inspections that ensure the detox and counseling centers meet state requirements, were running behind. It also details “our audit’s determination that Health Care Services is not required to and does not limit the geographical concentration of treatment facilities. We also found that Health Care Services does not always conduct prompt compliance inspections or complaint investigations of facilities.”
San Diego Wellness, one of the two San Diego County facilities, responded:
San Diego Wellness Center operates a licensed alcoholism and drug abuse recovery and treatment facility out of the main residence and the large accessory dwelling unit (ADU) at the properties located 860-862 Chelsea Lane, Encinitas, California. Unlike sober living homes, California law governs these state-licensed facilities and preempts local zoning laws other than those zoning laws which are equally applicable to a residential use of property. In other words, if a family is permitted to live in the ADU (which, in this case it is), then no local zoning law may prohibit a licensed treatment facility serving six or fewer persons from operating in such an ADU. Indeed, state law defines a licensed treatment facility serving six or fewer persons as a "residential use of property and use of property by a single family." Cal. Health & Safety Code § 11834.25. San Diego Wellness Center is fully licensed and is in full compliance with all applicable laws.
San Diego Wellness Center provides quality drug abuse recovery and treatment services to members of our community looking to address their addiction and improve their lives and the lives of their families and loved ones. While my client has only been operating out of this location for a short period, the employees of San Diego Wellness Center have been harassed and their cars have been vandalized, as they go about their heroic work of providing support services to people struggling with addiction. The neighbors have posted signs that San Diego Wellness Center and those they serve are not welcome in their neighborhood and my client receives regular threatening and harassing text messages. These signs and other actions constitute unlawful harassment of people with disabilities, which is a protected class, under California’s fair housing and other civil rights laws.
San Diego Wellness Center has an open line of communication with the neighbors to ensure any issues are addressed, but the "not in my backyard” attitude of a handful of militant neighbors has made it challenging for San Diego Wellness Center whose clients feel unwelcome and harassed and whose employees feel threatened. With 16.7% of Americans battled a substance use disorder, odds are that these agitators have (or will have) loved ones or family members who suffer from addiction and, if they are lucky, those loved ones may seek treatment one day and they will want their loved ones in a safe and supportive home in which to recover and reenter society, such as those lawful operated by San Diego Wellness Center. San Diego Wellness Center takes pride in working with all of its neighbors and looks forward to the cessation of the harassment and an ongoing cordial and respectful relationship with the neighbors of its Chelsea Lane facilities.
Michael Keadjian | Keadjian Law, P.C.
