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November 9, 2010
Dear Mayor and Members of the City Council:
My name is Willis Longyear, a resident of Lido Isle, and I'm here to question the City's
rationale for allowing location of the two drug rehab facilities on Lido Isle.
California law allows 6 or fewer sober living individuals to lease or own a home in any
residential community, to live together as a family unit, without a State license or local
use permit, provided that they are not receiving any recovery services.
If those residents are temporary, rotating in and out every few months, they cannot be
considered as a family unit, and the dwelling is to be considered as a boarding house,
subject to local use permit and business licensing.
If 6 or less residents are provided rehab services, including detoxification, group or
individual sessions, education, or other treatments, a State license, and 24 hour
residential supervision are required.
If the residence is rented or owned by a business operator, it does not qualify as a
stand alone 6 and under facility.
If a residence contains more than 6 occupants, and rehab services are provided, it is
subject to State licensure and a business permit.
If more than one 6 and under facility is operated by one recovery business, the
facilities are considered as integrated, as having more than a total 6 occupants, subject
to local business licensure or permits.
To avoid over - concentration in neighborhoods, sober living and recovery facilities are
to be spaced at least one block, or 617 feet from each other, and from all public parks
and facilities.
The City has allowed one facility, leased by Morningside Recovery, consisting of a
triplex on Via Antibes, Lido Isle, to operate as three separate 6 and under facilities to
escape requirement for State licensure on the one hand, but as a single facility, to
escape the local 617 foot separation requirement on the other.
And, Morningside's own advertising lists a variety of recovery treatments available to
the 10 clients who now live there, which should require State licensing.
The City now has allowed Morningside to lease another residence at 533 Via Lido
Soud, to house 4 more clients, who also are receiving recovery treatment, making this
a second unit of its integrated treatment facilities on Lido Isle.
Lido Isle is a community of families, with children of all ages. Not only is this second
unit part of a business operation in an R -1 residential zone, in which the City normally
does not permit businesses to operate, but each of these facilities are located well
within 617 feet of a multitude of community parks and common areas, frequented by
children as well as adults.
And, although the Development Agreement under which Morningside is being allowed
to operate was signed by the Mayor on September 28, the Agreement clearly states
that it is not to go into effect until 91 days later, on December 28, 2010.
Yet, the City allowed Morningside to begin moving into the Via Antibes facility before
the agreement even was signed, and the 533 Via Lido Soud facility is occupied and
fully operational as we speak.
We understand that the Development Agreement was intended to settle a Morningside
suit against the City, but we question at what price to the quality of life of its citizens.
The Agreement runs roughshod over the public hearing and permit review processes
which normally would protect the citizens from this kind of degradation of their quality
of life.
But, beyond that, why all this extraordinary accommodation of Morningside's every
whim?
The anger generated in the hearts and minds of the citizens by this seemingly one
sided behavior on the part of the City goes a long way toward turning off the ability of
the community to respond to the needs of the unfortunate persons ensnared in the
rehabilitation process.
We only can ask you why all this?
Respectfully submitted