Rehab homes file for permits

At least two drug and alcohol recovery home operators, including Newport’s second largest, have chosen not to apply for use permits with the city by the Thursday deadline. City officials had received 30 applications from rehabilitation homes as the deadline closed in late Thursday afternoon.

“The majority of homes have submitted applications at this point, albeit most with protest letters attached,� Councilman Steve Rosansky said.

Morningside Recovery, with about 14 homes in Newport Beach, chose not to file for use permits for any of its facilities in the city, the company’s attorney Ronald Talmo confirmed Thursday. Talmo declined to comment further.

Under a city ordinance passed in January, Morningside and other eligible rehabilitation homes that haven’t applied for a city permit can stay open for one year or until their state licenses or residential leases expire — whichever comes first.

Homes that haven’t applied for city permits also will be allowed to open for a limited period of time while clients already in their care finish treatment.

Pacific Shores Recovery, with three homes in Newport Beach, also did not file for use permits for any of its facilities by the deadline Thursday, Assistant City Manager Dave Kiff said.

“Pacific Shores has taken the most aggressive stance with us,� Kiff said.

Washington, D.C.-based attorney Steven Polin, who represents Pacific Shores, could not be reached Thursday for comment.

Pacific Shores filed a federal lawsuit last month claiming a city ban on new drug rehabilitation homes, which began in April 2007 and was lifted in January, is discriminatory. The moratorium ended when the city passed a new ordinance requiring most of the homes to undergo a public hearing process to obtain permits.

The city filed a lawsuit in November 2007 against both Pacific Shores Recovery and Morningside Recovery. The suit alleges the two homes violated the moratorium by opening new homes.

Other homes that applied for city permits by Thursday include Narconon, one permit; Ocean Recovery, two permits; Balboa Horizons, one permit; Newport Coast Recovery, one permit; Sober Living By the Sea, 19 permits; Kramer Center at Newport Beach, two permits and Yellowstone Recovery, four permits.

The city also had not received applications by Thursday afternoon for a handful of independently owned rehabilitation facilities, Kiff said. A few homes could still have applications in the mail, he said.

About 13 licensed rehabilitation homes owned by the Newport’s largest recovery home operator Sober Living by the Sea did not have to apply for permits because of a U.S. District court injunction issued last week, Kiff said.

A federal judge decreed the city cannot force drug and alcohol recovery homes that are already licensed by the state to apply for permits if they house six or fewer people.

The city can regulate larger homes and unlicensed homes where six or fewer recovering addicts live, but regulating smaller, licensed homes flies in the face of state law, the judge ruled.

BRIANNA BAILEY may be reached at (714) 966-4625 or at [email protected].