Encinitas neighborhood says “NIMBY” to new drug rehabilitation center – NBC 7 San Diego

People in Encinitas are appalled by a new drug rehab facility in their neighborhood. They told NBC 7 it jeopardized their children's safety and led to traffic jams.

It follows a state audit by the Department of Health Services that shows 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, these were multiple businesses operating in the same neighborhood under the same owners.

In Olivenhain, a neighborhood is hoping to draw lawmakers' attention to the new facility on its cul-de-sac.

“The adults who know this facility exists will not let their young children go down this path,” said decades-long resident Linda Rose.

She was active on the City Council and expressed her concerns about drug treatment facilities in San Diego.

Mark Randall, another long-time Windsor Estates resident, was also vocal. His concerns have increased after reading a recent audit of drug and alcohol treatment facilities in California.

“A patient who got out went into the house next door. The guy shot him and killed him. Now I don’t have a gun, but I don’t want anyone breaking into my house,” Randall said.

This incident occurred in Orange County. In fact, state legislators Catherine Blakespear and David Alvarez mentioned this in their letter last year asking the state to audit the facilities.

In Encinitas, for example, there are five in one neighborhood, all owned by the same owner. The audit highlighted how owners were able to circumvent zoning regulations and cut costs when each facility houses fewer than six patients.

“I don’t want them in my backyard, and we don’t want the kids seeing patients come and go,” Randall said. “We're not trying to be critical of them, we obviously have compassion and want them to get the help they need. This is obviously happening at the expense of the neighborhood.”

The audit found that state inspections to ensure detoxification and counseling centers meet state requirements are lagging. It also details “that our audit concluded that Health Care Services is not required to and does not restrict the geographic concentration of treatment facilities.” We also found that Health Care Services does not always conduct timely compliance inspections or complaint investigations carried out by institutions.”

San Diego Wellness, one of two facilities in San Diego County, responded:

San Diego Wellness Center operates a licensed alcoholism and substance abuse recovery and treatment facility from the primary residence and large accessory dwelling unit (ADU) located at 860-862 Chelsea Lane, Encinitas, California. Unlike sober homes, California law regulates these state-licensed facilities and overrides local zoning laws other than zoning laws that also apply to residential uses of properties. In other words, if a family is permitted to live in the ADU (which is the case in this case), no local zoning law may prohibit a licensed treatment facility that serves six or fewer people from operating in such an ADU. In fact, state law defines a licensed treatment facility that serves six or fewer people as “residential use of property and use of property by a single family.” Cal. Health and Safety Code § 11834.25. San Diego Wellness Center is fully licensed and in compliance with all applicable laws.

San Diego Wellness Center provides quality recovery and treatment services to members of our community who want to combat addiction and improve their lives and those of their families and loved ones. While my client has only been operating out of this location for a short time, San Diego Wellness Center employees have been harassed and had their cars vandalized while doing their heroic work supporting those struggling with addiction. Neighbors have posted signs indicating that San Diego Wellness Center and the people it serves are not welcome in their neighborhood, and my client regularly receives threatening and harassing text messages. These signs and other actions constitute unlawful harassment of people with disabilities, who are a protected class under California's fair housing and other civil rights laws.

San Diego Wellness Center communicates openly with neighbors to ensure all issues are addressed. But the “not in my backyard” attitude of a handful of militant neighbors makes it a challenge for the San Diego Wellness Center, whose customers feel unwelcome and harassed and whose employees feel threatened. Since 16.7% of Americans struggle with a substance use disorder, there's a good chance that these agitators have loved ones or family members who suffer from addiction, and if they're lucky, those loved ones may seek treatment. One day they'll want to, that their loved ones have a safe and supportive home in which to recover and re-enter society, as the San Diego Wellness Center lawfully operates. San Diego Wellness Center is proud to work with all of its neighbors and looks forward to ending the nuisance and maintaining a warm and respectful relationship with the neighbors of its Chelsea Lane facilities.

Michael Keadjian | Keadjian Law, PC