HomeMy WebLinkAboutPC - Public Comments - Recommendations regarding residential CareApr,- Gam -1/a3 %7
January 18,2007
City Council,attention Mr. Steve Rosansky Mayor
City of Newport Beach
3301 Newport Blvd.
Newport Beach,CA 92660
SUBJECT: Position and Recommendations regarding residential care/drug rehab
facilities
Dear Steve,
I have been asked to write this letter on behalf of the Citizens for Protect our
Penninsula/POP to express our continued concern regarding the over - saturation of
Residential care /drug rehab facilities located in residential areas of our City,
in particular the Balboa Penninsula and immediate surrounds. For the past 4 -5 years,
we have endeavored to work with the various City representatives and officials to
identify and implement a reasonable solution to this problem,with no progress to date.
As a result of the City's unwillingness to conscientiously develop and administer its land
use policy and codes, we now have what were attractive stable residential neighborhoods
evolving to transient,overly -dense and deteriorated state.
The problem began to materially manifest itself during the 2003 -2004 period when the
City deliberately refused to implement its local zoning codes and ordinances most
notably its Use review and permitting process in connection with a number of major drug
Rehab businesses who located large facilities in stable already -dense residential
neighborhoods,including some within 1 -2 blocks of the Elementary School'several of
the most notable being Narcinon,Sober Living by the Sea,and Newport Coast Recovery/
The City allowed these businesses to establish themselves in the middle of neighborhoods
with deliberate WITHOUT THE PROPER USE REVIEW ,AND NO LOCAL
CONTROL. The City willfully refused to acknowledge the public protests,taking the
position that it could not regulate these businesses,their number or location in any way
due to "nondiscrimination" and "reasonable accommodation ". As this position was
Clearly contradictory to both the City's local codes and ordinances,and its General Plan,
And as these both were within allowable Local jurisdiction authority, we contacted
the state and federal agencies responsible for the operating licensing and aspects of these
types of businesses. They ratified that the Use review and approval of number and
location of facilities was within Local authority.
.Due to the City's position of willful and complete lack of use management ,controls and
code enforcement,these and other drug rehab businesses subsequently initiated rampant
expansion,in the form of both expansion and increased occupancy of already- existing
physical facilities,and through the establishment of numberous smaller businesses and
facilties proximate to the larger facilities. The combination of these has created a Campus
Situation,with the smaller facilities affiliated with the larger ones for physical space,
Services and other support. These businesses continue to be the platform for an every-
Letter to City of Newport Beach re. Rehabs -page 2
Increasing number of smaller facilities,currently estimated at approximately 100 physical
Facilities in residential neighborhoods in a radius of 1.5 miles on the Penninsula and
Lido. This over - proliferation has adversely impacted citizens and residents of the
Penninsula in the form of uploaded density in already- overly dense residential areas;
Exacerbation of parking problems; increased crime; concern for safety due to the high
criminal status of the majority of occupants ;excess litter and garbage; and increasing
transient element ..The City allowed the uncontrolled insertion of incompatible use into
our residential neighborhoods,constituting as Taking.
There are now so many of these drug rehab -type of residential care facilities that they
have begun to erode the character of our community at large. Properties previously
occupied with stable owners and tenants adjacent to these facilities are being
increasingly occupied by short-term transients including drug dealers,Buildings are
becoming run down,and a number are partially or totally vacated and infested.
At the encouragement of the prior administration's City Attorney,we invested thousands
of dollars in retaining a nationally recognized legal Expert to conduct independent
research into the matter,in order to explore the merits of an alternative interpretation.
He and his opinions and commentary were stonewalled; in fact, the City enacted
Modifications which effectively broadly enabled any such business to locate here.
Various departments responsible for implementing local controls have apparently been
Directed to not exercise any controls associated with these businesses. This City in its
policy and its actions has gone far beyond any requirements or reasonable standards
Which could exist for so -called "reasonable accommodation ". Action which is clearly in
Direct contradiction to the General Plan and the welfare of the citizens,and the character
of the community is by any standard NOT reasonable. We certainly do not suggest that
There should be NO rehab facilities,but rather than they be subject to appropriate land
use parameters and controls . We believe that the City has a duty to mitigate for the
impact this overproliferation has had on our life on the Penninsula.
It is the responsibility and fiduciary obligation of Local government to manage its land
uses. The City cannot assure citizens of its commitment to the General Plan and
community integrity if it refuses to do so.
I quote from the City of Newport Beach General Plan documents and statements of
objectives:
- Protect property values by conserving established neighborhoods.
- Preserve and enhance Newport Beach's character and reputation as a uniquely beautiful
Residential community.
Letter to City of Newport Beach re. Rehab businesses —Page 3
Plan mandates:
- Maintain low levels of density
-Manage and control traffic and related problems
- Provide a stable,family- oriented community
- Maintain health and safety of our neighborhoods.
Given that there is new leadership of the City council and many administrative
departments,we hereby submit Recommendations concerning Action that the City can
take NOW. We have discussed and ratified these recommendations with state agencies
regulating both the operating aspects of residential care /esp. drug rehab facilities,and
those administering protections for handicapped. Many are reasonable and customary
Use planning and controls conventionally applied in local jurisdictions.All are within the
authority of Local government.
1.Properly register and regulate businesses :Require ALL businesses on the Penninsula
(including Rehab businesses) to register with the City and obtain business licenses,
Regardless of tax/revenue status. As part of the license application approval and renewal
process,require that specific business use be declared.All types of businesses requiring
Special certification or operating licenses should be required including presentation of
valid,current licenses. This is a reasonable and customary procedure in most cities,and is
accepted by State and Federal government as a local right.
The City should make this requirement public,and administer broad and specific
notification of this policy and procedure.The license application should be reviewed as
part of the trigger for a Use review. Regular enforcement activities ,investigation of
complaints,and other controls should be implemented, with particular attention as needed.
2. Require Use review,including review of all impacts, public comment and due process,
for all licensed Residential care /rehab facilities, This should be immediately implemented
for at minimum all licensed/unlicensed known businesses with facilities of 7 plus beds,
And that with multiple locations aka Campuses. Where needed,there may be rollback
requirements.
3. Immediately declare a Moratoriumon all residential care- typef=ilities on the
Peiminsula(or in the City),until such time as the City can effectively characterize its
current actual Uses and evaluate their appropriateness in light of the General Plan;
Obtain input from citizens and staff concerning changes in residential and other
neighborhoods and their impact on neighborhood and community
integrity,character,health and safety,quality of life,public service systems,density,traffic-
related and parking issues; and determine the most appropriate policy and action to
manage Use and protect the community.
Letter to City of Newport Beach re.Rehab businesses -Page 4
As part of the Moratorium,the City should specifically:
a.Prohibit establishment of new drug rehab facilities in the already- oversaturated area of
the Balboa Penninsula and immediate surrounds
b.Prohibit expansions of existing rehab businesses,to include expansion and uploading of
existing facilities,and the addition of new affiliated ones
c. Implement regular rigorous inspection of current known and suspected acilities and
neighborhoods so that licensed and unlicensed operators appreciate that the City does
manage and enforce its land us policy and ordinances.
d. Review local Use definitions and zoning and code enforcement regulations and
controls. Develop guidelines for Use as needed to maintain Compatible Uses in each
neighborhood. Provide guidance and training to various local enforcement agents
so that interpretation of "reasonable accommodation" does not adversely impact citizens
or neighborhoods.
4. Consider development of a Specific Plan for the Balboa Peninsula and immediately
surrounding beach community
5. Collaborative with State representatives ,members of the community,and other cities
and experts to develop constructive interpretation to certain issues regarding small
Facilities which are not part of a Campus and are not subject to supervision of criminals.
Given the number of Residential care,esp. drug rehab facilities in this area,and recent
precedent in similar situations,we anticipate that this would pose nominal or no risk to the
City. We have discussed these recommendations with several State officials,and they
concur with our position.
We appreciate your consideration of these Recommendations,and look forward to the
opportunity to discuss them with you the Council and other appropriate City staff.
for Protect our Penninsula/POP
CC: R.Clauson H. Bludau,POP citizens