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City Beat
Opposition to recovery home grows
South WG neighbors concerned about program's proximity
By Moryt Milo
Neighborhood opposition against Rainbow Recovery, a sober-living home on Kilo Avenue, continues to grow as local residents last month forwarded a petition with more than 140 signatures to the San Jose Planning Department to request a public hearing.
Rainbow Recovery, a recovery program with multiple residences in San Jose, applied Aug. 27 to increase the number of occupants in the south Willow Glen home from six to 17. Neighbors were alarmed when the program notified them of its plans.
"We were concerned about this sort of program being located in a residential neighborhood," said Bruce Brunger, one of the local action committee neighbors.
The neighbors were also upset that only four residents received notification. Rainbow Recovery Assistant Director Andrew Kubica said this was the only notification required. However, the planning department advised Kubica to discuss his plans with additional residents on the street as a "good neighbor."
Kubica declined to do so, until phone calls from neighbors initiated a Sept. 7 open house meeting.
Neighbors met with Kubica and discussed their concerns about whether the program was state run or certified by the county, whether it was for-profit or nonprofit, and whether the individuals participating in the program had criminal histories. They told The Resident they were also concerned about decreased property values, having to disclose the nearby recovery home when selling property and Kubica's track record as a landlord.
Kubica said the behavior of the Rainbow Recovery tenants is closely monitored by Santa Clara County officials, but several neighbors said they left the meeting without having their questions answered.
According to San Jose Deputy District Attorney Julianne Sylva, residential homes in any neighborhood can operate as transitional housing for adults in drug and alcohol recovery programs. However, when a recovery home wants to increase its housing occupancy above the allowable limit--six residents and two staff--the program operator must apply to the city.
Until the request is filed, there is no requirement to notify neighbors that a recovery home is located in their community.
Brunger said he spent time with Mary Gutierrez and David Byers, criminal investigators in the Santa Clara County District Attorney's Office assigned to the Rainbow Recovery case, to learn more about the program.
Byers told The Resident that the program is certified and subsidized by the county. He said the residents, who are all women recovering from drug or alcohol dependency to be reunited with their children, may have criminal records but "do not have a background of felony violence, which includes arson, burglary and sex offenses."
The women live in the recovery homes rent-free for 90 days, Byers said, and can stay longer if they are able to pay rent.
The residents living near Kilo and Foxworthy avenues are governed by a community set of Conditions, Covenants and Restrictions--a document establishing a set of rules within a given community by which homebuyers agree to abide when purchasing their property. According to the document, residential homes cannot be used to operate a business in that area.
Although Rainbow Recovery is county subsidized, the program is a for-profit business, which has neighbors questioning whether the recovery home is entitled to operate in their community.
Mike Enderby, San Jose senior planner, said the city does not get involved in enforcing such issues. He said individuals going through programs for alcohol and drug recovery are a "protected class" under the American Disability Act, and the city has to provide reasonable accommodations under state law.
Kilo Avenue resident Greg Misakian does not believe the city is up-to-date with all the changes in state laws. He and his neighbors are concerned that the city is making binding decisions, "which are not being carefully reviewed," he said. "The neighbors want these programs moved to nonresidential locations where the residences are staffed 24 hours a day."
Neighbors at the Kilo Avenue open house said they were misled into believing the current program had 24-hour supervision.
According to documentation provided by Rainbow Recovery Executive Director Nancy Wilson, "Program staff manage a structured living situation 24 hours a day." However, at the open house, Kubica told neighbors that Rainbow Recovery staff leaves for outside jobs from 8 a.m. to 5 p.m.
Byers confirmed this information and said only state-operated facilities are required to have 24-hour supervision on site.
Enderby said neighbors are entitled to request a public planning director's hearing when they are notified of the accommodation increase applications. The next step is bringing it before the San Jose Planning Commission, he said, where residents can again present their concerns.
But, Enderby said, appealing to the planning commission "is the end of the road." Any further issues have to be challenged in the courts.
"The city is in an awkward situation," Enderby said. "But we view the owners' permit request as an allowable right."
The neighbors said their rights as property owners appear to be taking a backseat to fulfill county and city program needs.
"Yes, these programs belong in the community, but not in residential communities," Misakian said.
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Willow Glen, California Since 1992
