Neighbors, rehab center to battle over zoning

June Casagrande

Neighbors who want to see residential drug-treatment facilities run

out of town will square off against city officials and treatment

center supporters tonight when the Planning Commission considers

zoning changes to govern the facilities.

City officials are hoping that changing zoning codes will

“preserve the character of residential neighborhoods in a manner

consistent with state and federal statutory/decisional,” City Atty.

Bob Burnham wrote in his staff report to the commission.

Much to the dismay of Balboa Peninsula residents, angry about the

effects on one particular rehab center, city officials have said

their hands are somewhat tied when it comes to dealing with the

facilities. Federal law defines people who suffer from addictions and

who are abstinent in their addictions as disabled. Therefore, some

group homes enjoy limited protection under federal laws that prohibit

housing discrimination against disabled people, city officials and

legal experts said.

Opponents like Peninsula resident Linda Orozco aren’t buying it.

“I believe the city is using this handicap issue as a smokescreen

to permit these million-dollar businesses in our city,” Orozco said.

“The current city zoning code has enough clout and teeth to deal with

and address the concerns of the residents and neighbors of these

rehab facilities.”

Orozco is one of a number of neighbors of the Narconon recovery

group home on the Peninsula. Opponents such as Orozco say the home

plagues nearby residents with noise from delivery trucks, industrial

vacuum cleaners and loud-speaking tenants. They have also complained

about cigarette butts and cigarette smoke.

A spokesman for Narconon could not be reached Wednesday afternoon,

but has appeared at several council meetings to pledge the

organization’s willingness to be good neighbors. In February,

spokesman Jerry Marshall said the home had already taken a number of

steps to reduce noise and other nuisances. He also said Narconon was

looking for another location to move some of the 27 residents of the

current home at 1810 S. Oceanfront.

The city has hired expert legal counsel to help navigate federal

laws and held a City Council study session to examine options. The

result is tonight’s meeting, in which the city could take its first

steps toward zoning code changes to regulate the homes. Planning

Commissioners will decide tonight whether to recommend to the City

Council changes that could ban all group recovery homes of more than

six people in the lowest-density residential areas.

“The city is trying to take a position that is defensible,”

Councilman Steve Rosansky said. “Why not be proactive and adopt

ordinances that we can enforce?”