Community Commentary:

Residential recovery facilities are a vital part of the recovery process for people with addiction problems. Those of us who live in coastal areas are only too familiar with these facilities, as they tend to concentrate in our communities. They exist side by side with homes and businesses in our neighborhoods, yet they are not required to adhere to local zoning, fire or any other reasonable regulations. This is not a safe situation for the facility residents or the neighborhoods in which they exist. While this is clearly a problem in Orange County, it has raised concerns in cities across the state.

Communities in my district have direct experience with residential treatment facilities refusing to comply with local regulations. Two Newport Beach recovery centers have recently been in the news because of allegations of creating problems in neighborhoods. Just this week, the Newport Beach City Council was set to decide if these two centers can even keep their doors open. Clearly, there is a need for reasonable solutions that balance both the safety and zoning concerns of neighborhoods with the needs of residential treatment centers.

For the past few years, I have been working with state and local stakeholders to craft a solution that would address both groups’ needs. This past year, I introduced Senate Bill 268 that was a collaborative, bipartisan effort designed to facilitate the ability of the Legislature, California Department of Alcohol and Drugs Programs (ADP) and localities to protect the spirit of residential recovery by allowing treatment centers to fully integrate into neighborhoods. My legislation would have smoothed that process by helping localities preserve the character of the neighborhoods and apply community zoning and building fire safety standards to treatment facilities. The bill is currently stalled in the Assembly Health Committee.

Residential treatment facilities are regulated by ADP, not local government. This can inadvertently create a conflict between the facilities and the locals. Under current law, ADP can renew a facility’s license by conducting a premises inspection and reviewing the operator’s qualifications. Nowhere is it required that a new fire clearance be obtained. As a result, fire clearances are reproduced over and over by the facility operator and rarely updated to reflect current safety standards. This presents a safety issue for neighborhoods, local governments and most certainly for the clients in recovery.

SB 268 seeks to remedy this by simply stating that any license renewal by a facility serving seven or more people shall include a fire clearance approved by the State Fire Marshal or local prevention officer based on building codes in place at the time that the facility was initially licensed. People in recovery, like anyone in a group living situation, deserve to live in safe environments with current life-saving protections.

My bill also requires that the facility operator self-certify that the facility is in compliance with zoning. Under the current application process, the applicant bears no responsibility to communicate with local planning and zoning officials before opening a treatment facility. As a result, ADP may approve an application inconsistent or out of compliance with local zoning simply because the applicant wasn’t aware of the local zoning standards.

California needs a compromise to ensure residential treatment facilities coexist peacefully with their surrounding communities. These treatment centers are necessary for the successful treatment of people battling addictions, but at the same time, the neighborhoods in which they locate have rights, too. I believe in the necessity of treatment, but I am equally committed to protecting our neighborhoods.

This is an issue that needs to be addressed in a fair and judicious manner. Residents must have the tools to ensure that their neighborhoods maintain their character and home values. At the same time, residential treatment centers must have the ability to operate safely and assimilate smoothly into their surrounding communities. With proper and reasonable regulation, these goals need not be at odds with one another.

TOM HARMAN is a state senator covering the 35th District, which includes Huntington Beach and Fountain Valley.