A newly released state audit report is calling out the concentration of luxury residential drug and alcohol detox centers along posh Country Rose Circle in Encinitas. “We found several small facilities with the same owner located next door or across the street from each other in residential neighborhoods in Orange County and in San Diego County,” says an October 24 cover letter by Chief Deputy State Auditor Michael Tilden to legislators.
“However, state law does not limit the number of treatment facilities that may operate in a given area, and the law mandates that small facilities be considered a residential use of property; therefore, local authorities may not use zoning to prohibit small facilities from operating in residential areas.” The letter goes on to suggest that “if such concentrations of small facilities are not consistent with the law’s intent, the Legislature could potentially change state law.”
An aerial photo in the report shows five separate residences, each with facilities licensed to a legal entity identified only as Corporation A. The minimum separation between properties is listed as 122 feet, with a maximum of 290 feet. State records show that four of the permit numbers provided in the report are on County Rose Circle, with a fifth on nearby Western Springs Road.
Each are run by an entity called AToN Center, Inc, which specializes in “Luxury Rehab in San Diego,” per the firm’s website. “Some of the main types of evidence-based treatments options offered at AToN Center include mental health treatment, individual therapy, luxury rehab amenities, holistic care, meditation, alcohol rehab, drug rehab, traditional methods, and non-traditional treatment options. Our luxury rehab treatment center offers executive treatment to clients looking for specific luxury amenities, accommodations and therapies, including celebrity clientele, and recovery treatment to cater to those looking for high-end, exceptional care.
“People often wonder what luxury treatment facilities are. When you hear this term, it does not mean that this treatment is only available to certain individuals, it is just a phrase that is used to describe high-end, high-quality, luxury addiction treatment. This treatment addresses substance misuse and co-occurring disorders in the comfort of luxury rehab centers.” The food is also good. “At AToN Center, each residence features a jacuzzi and pool surrounded by vibrant gardens, offering a tranquil oasis for residents. Inside, every room is designed to provide privacy, relaxation, comfort, and peace.”
Wealthy neighbors seeking to get such centers removed face several legal obstacles, according to the audit report. “Individuals recovering from drug and alcohol addiction are considered a protected class under federal disability law, as long as they are not currently using a controlled substance, and they cannot be discriminated against, such as by banning all treatment facilities from certain communities.”
But worries persist, adds the report. “News media have reported on concerns and public safety incidents associated with the presence of treatment facilities in residential neighborhoods. Reports include a 2021 instance in which a resident left a licensed residential treatment facility in Newport Beach, broke into a neighbor’s home, and was killed by the homeowner.” Regarding the Encinitas cluster, the report says that “the five small facilities we show all share the same legal owner but have separate licenses. We also found that these five facilities advertise as a campus of connected homes, in which each facility serves six residents or fewer.”
The situation could become problematic if regulators don’t do their job, says the document. “The affiliation of five closely located facilities that could serve a total of 30 residents may have the cumulative effect of a larger facility in a residential neighborhood.”
Says a write-up on the website Luxury-Rehabs.com: “AToN Center currently comprises five homes situated on a secluded residential street. With a vast 10-acre campus, it has multiple pathways connecting all the homes while ensuring tranquility and privacy at the same time. The rehab is nestled between the upscale neighborhood of Rancho Santa Fe and the Pacific Ocean. It offers expansive and refreshing gardens along with multiple decks that clients can use to enjoy the beautiful views of the nearby coast and the mountains.”
It’s okay for City of Imperial Beach Mayor Paloma Aguirre and Councilmember Jack Fisher to vote on putting tax money into the costly Palm Avenue Complete Multimodal Corridor Project even though they own residential real estate “located within 340 feet and 240 feet, respectively” of the project, says a September 25 advice letter to Imperial Beach’s Jennifer M. Lyon from the California Fair Political Practices head counsel Dave Bainbridge.
“Mayor Aguirre owns a primary residence approximately 340 feet north of the Palm Avenue Project boundaries. Her home also does not front on Palm Avenue, and it is a condominium unit within a condominium complex that contains about 36 units,” says the missive.
“There are two parcels between Mayor Aguirre’s residence and Palm Avenue. In order to reach Palm Avenue from the Mayor’s residence, one would turn out of the complex’s parking area onto 9th Street and travel approximately 390 feet to make a turn to get on Palm Avenue.
“Mayor Aguirre does not live within 500 feet of the proposed new signal light on 10th Street nor the proposed road diet between 7th Street and Delaware Street. These improvements are both located three blocks from her home.”
Fischer’s case is similar. “To reach Palm Avenue from Councilmember Fisher’s home, one would take about three turns and travel approximately 1180 feet. Councilmember Fisher does not live within 500 feet of the proposed new signal light on 10th Street nor the proposed road diet between 7th Street and Delaware Street. These improvements are located three blocks and two blocks from his home.”
Almost a year before the FPPC opinion, the mayor promoted the project in her 2023 State of the City address, per a December 15, 2023 dispatch by the Eagle & Times. “Aguirre highlighted the Palm Avenue Complete Multimodal project, a $26 million investment expected to be an economic driver, make the street more walkable, invite more business and investments, and feature pedestrian lighting, murals, sculptures, and more.” She and Fischer are now cleared to vote on the deal, the letter concludes.
“The area-specific changes, such as the new traffic signal and road diet, are not immediately adjacent to the officials’ respective properties and the effects on the officials’ residences will be similar to those experienced by the businesses along this commercial corridor. Councilmember Fisher and Mayor Aguirre have established that the ‘public generally’ exception applies, and they do not have a disqualifying interest in the Project decisions due to their respective residences.”
— Matt Potter
The Reader offers $25 for news tips published in this column. Call our voice mail at 619-235-3000, ext. 440, or sandiegoreader.com/staff/matt-potter/contact/.sandiegoreader.com/staff/matt-potter/contact/
A newly released state audit report is calling out the concentration of luxury residential drug and alcohol detox centers along posh Country Rose Circle in Encinitas. “We found several small facilities with the same owner located next door or across the street from each other in residential neighborhoods in Orange County and in San Diego County,” says an October 24 cover letter by Chief Deputy State Auditor Michael Tilden to legislators.
“However, state law does not limit the number of treatment facilities that may operate in a given area, and the law mandates that small facilities be considered a residential use of property; therefore, local authorities may not use zoning to prohibit small facilities from operating in residential areas.” The letter goes on to suggest that “if such concentrations of small facilities are not consistent with the law’s intent, the Legislature could potentially change state law.”
An aerial photo in the report shows five separate residences, each with facilities licensed to a legal entity identified only as Corporation A. The minimum separation between properties is listed as 122 feet, with a maximum of 290 feet. State records show that four of the permit numbers provided in the report are on County Rose Circle, with a fifth on nearby Western Springs Road.
Each are run by an entity called AToN Center, Inc, which specializes in “Luxury Rehab in San Diego,” per the firm’s website. “Some of the main types of evidence-based treatments options offered at AToN Center include mental health treatment, individual therapy, luxury rehab amenities, holistic care, meditation, alcohol rehab, drug rehab, traditional methods, and non-traditional treatment options. Our luxury rehab treatment center offers executive treatment to clients looking for specific luxury amenities, accommodations and therapies, including celebrity clientele, and recovery treatment to cater to those looking for high-end, exceptional care.
“People often wonder what luxury treatment facilities are. When you hear this term, it does not mean that this treatment is only available to certain individuals, it is just a phrase that is used to describe high-end, high-quality, luxury addiction treatment. This treatment addresses substance misuse and co-occurring disorders in the comfort of luxury rehab centers.” The food is also good. “At AToN Center, each residence features a jacuzzi and pool surrounded by vibrant gardens, offering a tranquil oasis for residents. Inside, every room is designed to provide privacy, relaxation, comfort, and peace.”
Wealthy neighbors seeking to get such centers removed face several legal obstacles, according to the audit report. “Individuals recovering from drug and alcohol addiction are considered a protected class under federal disability law, as long as they are not currently using a controlled substance, and they cannot be discriminated against, such as by banning all treatment facilities from certain communities.”
But worries persist, adds the report. “News media have reported on concerns and public safety incidents associated with the presence of treatment facilities in residential neighborhoods. Reports include a 2021 instance in which a resident left a licensed residential treatment facility in Newport Beach, broke into a neighbor’s home, and was killed by the homeowner.” Regarding the Encinitas cluster, the report says that “the five small facilities we show all share the same legal owner but have separate licenses. We also found that these five facilities advertise as a campus of connected homes, in which each facility serves six residents or fewer.”
The situation could become problematic if regulators don’t do their job, says the document. “The affiliation of five closely located facilities that could serve a total of 30 residents may have the cumulative effect of a larger facility in a residential neighborhood.”
Says a write-up on the website Luxury-Rehabs.com: “AToN Center currently comprises five homes situated on a secluded residential street. With a vast 10-acre campus, it has multiple pathways connecting all the homes while ensuring tranquility and privacy at the same time. The rehab is nestled between the upscale neighborhood of Rancho Santa Fe and the Pacific Ocean. It offers expansive and refreshing gardens along with multiple decks that clients can use to enjoy the beautiful views of the nearby coast and the mountains.”
It’s okay for City of Imperial Beach Mayor Paloma Aguirre and Councilmember Jack Fisher to vote on putting tax money into the costly Palm Avenue Complete Multimodal Corridor Project even though they own residential real estate “located within 340 feet and 240 feet, respectively” of the project, says a September 25 advice letter to Imperial Beach’s Jennifer M. Lyon from the California Fair Political Practices head counsel Dave Bainbridge.
“Mayor Aguirre owns a primary residence approximately 340 feet north of the Palm Avenue Project boundaries. Her home also does not front on Palm Avenue, and it is a condominium unit within a condominium complex that contains about 36 units,” says the missive.
“There are two parcels between Mayor Aguirre’s residence and Palm Avenue. In order to reach Palm Avenue from the Mayor’s residence, one would turn out of the complex’s parking area onto 9th Street and travel approximately 390 feet to make a turn to get on Palm Avenue.
“Mayor Aguirre does not live within 500 feet of the proposed new signal light on 10th Street nor the proposed road diet between 7th Street and Delaware Street. These improvements are both located three blocks from her home.”
Fischer’s case is similar. “To reach Palm Avenue from Councilmember Fisher’s home, one would take about three turns and travel approximately 1180 feet. Councilmember Fisher does not live within 500 feet of the proposed new signal light on 10th Street nor the proposed road diet between 7th Street and Delaware Street. These improvements are located three blocks and two blocks from his home.”
Almost a year before the FPPC opinion, the mayor promoted the project in her 2023 State of the City address, per a December 15, 2023 dispatch by the Eagle & Times. “Aguirre highlighted the Palm Avenue Complete Multimodal project, a $26 million investment expected to be an economic driver, make the street more walkable, invite more business and investments, and feature pedestrian lighting, murals, sculptures, and more.” She and Fischer are now cleared to vote on the deal, the letter concludes.
“The area-specific changes, such as the new traffic signal and road diet, are not immediately adjacent to the officials’ respective properties and the effects on the officials’ residences will be similar to those experienced by the businesses along this commercial corridor. Councilmember Fisher and Mayor Aguirre have established that the ‘public generally’ exception applies, and they do not have a disqualifying interest in the Project decisions due to their respective residences.”
— Matt Potter
The Reader offers $25 for news tips published in this column. Call our voice mail at 619-235-3000, ext. 440, or sandiegoreader.com/staff/matt-potter/contact/.sandiegoreader.com/staff/matt-potter/contact/
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