Recovery home debate nears end

Alicia Robinson

The City Council is expected to settle a long-standing debate tonight

over the regulation of drug and alcohol recovery homes in the city.

A maze of state and federal laws govern how much the city can

regulate recovery homes. Existing city regulations address some

residential care facilities, but City Attorney Bob Burnham said

officials weren’t comfortable with those rules and wanted something

more comprehensive.

Residents, mainly on the Balboa Peninsula, also have called for

more regulation of recovery homes, saying the homes’ tenants create

noise and litter in their neighborhoods.

The council will consider an ordinance that will change the zoning

code to require some group homes to apply for special permits, name

the Planning Commission as the decision-maker on applications for

those permits and add a definition of “campus” for facilities with

three or more buildings devoted to common uses.

Under the proposed rules, the Planning Commission would evaluate

requests for new Federal Exception Permits, which would be required

for any group home serving seven or more people in areas zoned for

1.5 and 2 units per acre and multi-family residences. The commission

would look at whether a recovery home will meet the zoning code in

terms of stability of population, traffic and other requirements.

“It’s intended to require, I guess, a little more thorough

evaluation of what the impacts of the particular use might be in the

area,” Burnham said.

Last month the Planning Commission voted 5 to 0 to recommend the

changes to the council.

The changes are an attempt to meet some neighbors’ concerns while

staying within guidelines of state and federal housing discrimination

laws. Planning Commission Chairman Larry Tucker said it’s a fine line

to walk, with residents believing the city should do more than the

city attorney thinks is permitted.

“It’s a tough situation because there’s a need for the services in

the area, but the neighbors, at least in my opinion, have a valid

concern that the intensity of the use is a bit much for a residential

area,” Tucker said.

The City Council will hold a public hearing on the recovery

facility regulations at its 7 p.m. meeting at 3300 Newport Blvd.

* ALICIA ROBINSON covers business, politics and the environment.

She may be reached at (949) 764-4330.