HomeMy WebLinkAbout12 - Annual Review of Zoning Implementation for Sierra by the Sea (PA2010-150)Q �EwPpRT
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
November 10, 2020
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Melinda Whelan, Assistant Planner
mwhelan@newportbeachca.gov
PHONE: 949-644-3221
TITLE: Annual Review of Zoning Implementation for Sierra by the Sea
(PA2010-150)
ABSTRACT:
This is the eleventh annual review of the Zoning Implementation and Public Benefit
Agreement ("Zoning Agreement") between the City and Sober Living by the Sea, Inc.
(SLBTS). On September 4, 2019, Sober Living by the Sea, Inc. secured the DBA "Sierra
by the Sea" (SBTS) for all programs in the City of Newport Beach ("City"). Staff has
conducted a thorough review of SBTS's operations and the requirements of the Zoning
Agreement. Staff is of the opinion that SBTS is in compliance with all requirements.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find this review exempt from the California Environmental Quality Act ("CEQA")
pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the
CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because this review enforces an entitlement for use adopted by the City and has no
potential to have a significant effect on the environment;
c) Find that SBTS has demonstrated good faith compliance with the terms of the Zoning
Implementation and Public Benefit Agreement; and
d) Receive and file documents submitted by SBTS (Attachment A) to demonstrate good
faith compliance with the terms of the Zoning Implementation and Public Benefit
Agreement.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
12-1
Annual Review of Zoning Implementation for Sierra by the Sea (PA2010-150)
November 10, 2020
Page 2
DISCUSSION:
Background
This is the eleventh annual review of the Zoning Agreement between the City and SBTS.
Staff has conducted a thorough review of SBTS's operations and the requirements of the
Zoning Agreement (Attachment B) and Zoning Agreement Administrative Protocol
Memorandum (Attachment C). Staff's review concluded that SBTS is in compliance with
all requirements.
The Zoning Agreement establishes the duties of both the City and SBTS and requires
that the City and SBTS each comply in good faith with its terms. The Zoning Agreement
includes a provision that a periodic review be conducted at least once every 12 months,
consistent with California Government Code Section 65865.1, and Newport Beach
Municipal Code ("NBMC") Section 15.45.080. If the City Council finds that the applicant
has not complied in good faith with the terms or conditions of the agreement, the City
Council may pursue remedies. In October 2019, the City Council conducted the tenth
annual review and determined that SLBTS, as named at the time, had demonstrated good
faith compliance with the terms of the Zoning Agreement.
Terms and Conditions of the Zoning Agreement
Lafayette Offices
The SBTS administrative offices remain as approved at 2800 Lafayette Avenue. The
office operation meets all of the requirements found in the Annual Compliance Report
(Attachment A) and as outlined in the Lafayette Offices Matrix (Attachment D). The office
location includes the parking lot at 2805 Villa Way, which provides the permanent off-
street parking required by the Zoning Agreement. The parking lot remains landscaped
and provides the minimum required 13 parking spaces exclusively for the SBTS vehicles.
Compliance Review and Applicable Regulations of the Zoning Agreement
The Zoning Agreement requires SBTS to submit Compliance Review Reports
(Attachment E). The latest report provides current information regarding facility locations
and bed counts. The accuracy of the information has been verified through on-site
inspections conducted by the Code Enforcement Division. Code Enforcement conducted
on-site interior and exterior inspections of eight (8) SBTS facilities in October of this year
and found all facilities in compliance (Attachment F). Code Enforcement also verified that
each facility is in compliance with the applicable regulations (Attachment G) as delineated
in the Zoning Agreement.
The Zoning Agreement limits the number of client beds permitted in SBTS's sober living
homes and licensed treatment facilities to 204 beds citywide. SBTS reported a total of 43
client beds (Attachment A) as of September 2020. Since the last annual review, there are
no additional facilities and beds and no additional closures. There has been a 79 percent
decrease in reported client beds between May 2008 and September 2020 (Attachment H
& Attachment 1).
12-2
Annual Review of Zoning Implementation for Sierra by the Sea (PA2010-150)
November 10, 2020
Page 3
Calls for Service and Other Complaints
The Newport Beach Police Department ("NBPD") reviewed calls -for -service related to the
SBTS facilities between September 2019, and September 2020. The calls were minor in
nature and did not raise concern with the NBPD regarding facility operations. The calls
for service are included in the Individual Facilities Matrices (Attachment G).
Parking or Moving Violations
Although not required by the Zoning Agreement, staff also reviewed the City's parking
and moving citation records for SBTS transport vehicles holding Parking Permits. A total
of 34 Parking Permits have been issued to SBTS staff and a total of 20 parking citations
have been issued and zero moving violations. All citations were minor in nature. SBTS
continuously addresses parking code compliance in the ongoing Action Plan (Attachment
A. # 5) with SBTS staff members.
Conclusion
Staff is of the opinion that SBTS has made good faith efforts to comply with the terms of
the Zoning Agreement.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by
Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because it has no potential to have a significant effect on the
environment. This section exempts actions by regulatory agencies to enforce or revoke
a lease, permit, license, certificate, or other entitlement for use issued, adopted, or
prescribed by the regulatory agency or enforcement of a law, general rule, standard, or
objective, administered or adopted by the regulatory agency.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item). Notice of this hearing was
published in the Daily Pilot, mailed to all owners and occupants of property within 300
feet of the boundaries of each of the property locations, and mailed to the applicant at
least 10 days prior to this hearing, consistent with the provisions of the NBMC. Notice of
this hearing was also posted at each property location at least 10 days prior to this
hearing.
12-3
Annual Review of Zoning Implementation for Sierra by the Sea (PA2010-150)
November 10, 2020
Page 4
ATTACHMENTS:
Attachment A —
SBTS Documents Demonstrating Compliance
Attachment B —
Zoning Agreement
Attachment C —
Zoning Agreement Administrative Protocol Memorandum
Attachment D —
Lafayette Offices Matrix
Attachment E —
SBTS Compliance Reports
Attachment F —
Code Enforcement Inspection Reports
Attachment G —
SBTS Compliance Matrices: Overall Compliance Matrix and Individual
Facilities Matrices
Attachment H —
Map of SBTS Facilities — Open and Closed as of September 2020
Attachment I —
Inventory of SBTS Client Beds September 2020
12-4
Attachment A
SLBTS Documents Demonstrating
Compliance
12-5
Sierra by the Sea
Annual Report to City of Newport Beach
September 08, 2020
Sober Living by the Sea, Inc. has secured the DBA "Sierra by the Sea" for all programs in the city
of Newport Beach.
As of September 2020, Dr. Valerie Kading, former Chief Executive Officer, has taken a new
position as CEO of Sierra Tucson and Group CEO of the Sierra Group, and the responsibilities
and role of CEO have been taken over by Michelle Beaudoin, MA, MFA, NCC. Mrs. Beaudoin
brings with her 16 years of experience in the Behavioral Health field over which she's held
various positions in Senior Leadership. Mrs. Beaudoin fully understands the importance of the
compliance reports as well as reporting deadlines.
Both Michelle Beaudoin, CEO and Zach McKinney, Risk and Compliance Manager can be
reached by calling the Sierra by the Sea main number 800-317-6471, or via email
michelle.beaudoin@sierrabythesea.com and/or zacchery.mckinney@sierrabythesea.com
Mrs. Beaudoin shall be the first point of contact for any correspondence, and Mr. McKinney will
serve as back up. Both Mrs. Beaudoin and Mr. McKinney are committed to keeping compliance
with the Zoning Agreement, Good Neighbor Policies, and communication with The City of
Newport Beach all top priorities for Sierra by the Sea
Exhibit B — Applicable Regulations
In accordance to the Zoning Agreement there shall be no more than 204 beds occupied in the
City at any time by persons who are patients, clients or customers of Sierra by the Sea and
there shall be no more than 156 beds occupied in total in those parts of the City referred to as
the Peninsula Zone.
As of September 12020 Sierra by the Sea managed or controlled the following facilities in
Newport Beach:
SBTS FACILITIES
Property Address
Peninsula Zone
(Y or N)
Treatment Bed Count
DHCS
License
(Y or N)
Peninsula Off Peninsula
4138 Patrice
(N)
6
Y
4142 Patrice
(N)
6
N
4711 Seashore
Y
6
Y
4711 % Seashore
Y
1
N
5004 Neptune, unit A
Y
6
N
5004 Neptune, unit B
Y
6
N
6110 West Ocean Front
Y
6
Y
6111 Seashore
Y
6
Y
Sierra by the Sea
Annual Compliance Report
Page 1 of 6
12-6
Total Bed Count: 43
Sierra by the Sea is in compliance with this requirement.
#9 of Applicable Regulations: SBTS is not operating a Facility that is within 1,000 feet of any
NMUSD elementary school or the large commercial State -licensed day care facility.
Sierra by the Sea is in compliance with this requirement.
#10 of Applicable Regulations: Sierra by the Sea has not established or operating a facility at
any location which is adjacent to the 36th Street Tot Lot or Marina Park Tot Lot.
Sierra by the Sea is in compliance with this requirement.
Operational Regulations — Exhibit B
#1 of Operational Regulations: No parolee or parolees from the California Department of
Corrections or its equivalent in any other State or the Federal Bureau of Prisons is housed in any
of its facilities located in the City.
Sierra by the Sea is in compliance with this requirement.
#2 of Operational Regulations: SBTS is in complete compliance with disposal of medical waste if
necessary.
SBTS is not a medical facility and does not deal with medical waste issues. Urinalysis testing
done on site is picked up by the laboratory within 24 hours of taking the specimen. Sierra by
the Sea is in compliance with this requirement.
#3 of Operational Regulations: SBTS makes great efforts to comply with "trash lid coverage"
regulation. No complaints filed.
Sierra by the Sea is in compliance with this requirement.
#4 of Operational Regulations: Sierra by the Sea makes good faith efforts to prevent second
hand smoke from leaving the facility. No known complaints filed this past year.
Sierra by the Sea is in compliance with this requirement.
#5 of Operational Regulations: Sierra by the Sea complies with all City code provision
requirements of street parking in residential zones.
An ongoing plan has been in effect since 9/19/13 concerning action plans to eliminate
smoking issues and respond to parking regulations. SBTS addresses the provisions of issued
Sierra by the Sea
Annual Compliance Report
Page 2 of 6
12-7
parking permits, as well as Newport Beach regulations and requirements for parking on
public streets.
The following plan was implemented in previous years, and due to the "ongoing" nature,
continues to be part of the SBTS Action Plan. Please see below for details:
Objective
Action/Activity
Target dates
Status
1. Develop and support action
Began effort at September 19,
9/19/13—
Ongoing
plan for eliminating smoking
2013
indefinite
issues at 4711 Seashore
Drive
A. Identity current & present
A. SBTS management to
9/20/2013-
Ongoing
SMOKING behaviors of staff and
educate all clients and staff
indefinite
clients, whereabouts, time of
on the smoking policy
day, and disposal of cigarettes
moved to garage only.
B. Implement smoking policy
and repercussions for non-
adherence.
2. Develop and support action
A. SBTS management to
9/20/2013-
Ongoing
plan for eliminating parking
educate all clients and staff
indefinite
issues at 4711 Seashore
on the parking policy
Drive
B. Implement parking policy
and repercussions for non-
A. Identity current & present
adherence.
PARKING behaviors of staff
3. Develop assessment to
To be measured by:
9/20/2013-
Ongoing
measure effectiveness &
a. Documenting actions and
indefinite
impact of smoking and
accomplishments of
parking policies
Objective 1, 2
4. Develop ongoing supportive
Documented by activities and
environment between SBTS
accomplishments from Objectives
9/20/13—
Ongoing
and City of Newport Beach
1 and 2.
indefinite
S. Staff Training
a. Discuss situation with
9/30/15-
ongoing
current Landing program
indefinite
director. Rose director has
also been informed.
b. Review all Newport City
9/30/15—
ongoing
guidelines with all staff
indefinite
Sierra by the Sea
Annual Compliance Report
Page 3 of 6
12-8
#6 of Operational Regulations: Sierra by the Sea continuously operates a 24 hour per day
hotline for receiving inquiries and/or complaints. The number is 800-647-0042. No complaints
received.
Sierra by the Sea is in compliance with this requirement.
#7 of Operational Regulations: Quiet hours have been observed as outlined in the Zoning
Agreement. These hours are Sunday through Thursday 10 pm to 7 am and Friday through
Saturday 11 pm to 7 am. No complaints have been received.
Sierra by the Sea is in compliance with this requirement.
# 8 of the Operational Regulations: SBTS's staff comply with all of the rules surrounding the
routes that vans drive. No complaints received.
Sierra by the Sea is in compliance with this requirement.
#9 of the Operational Regulations: SBTS is in compliance with the regulations related to
deliveries of goods and services. No complaints received.
Sierra by the Sea is in compliance with this requirement.
#10 of the Operational Regulations: SBTS willingly participates in activities of any stake holder
committee or group established by the City to address complaints and concerns of residents of
the City.
To date no such participation has been requested. Sierra by the Sea is in compliance with this
requirement.
#11 of the Operational Regulations: SBTS strictly adheres to the regulation which does not
allow for no more then two (2) clients are in any bedroom in the Facilities.
Sierra by the Sea is in compliance with this requirement.
Operations for Villa Way Facility (now 2800 Lafayette), Newport Beach
Sierra by the Sea
Annual Compliance Report
Page 4 of 6
12-9
moving forward on an
annual basis.
c. Review all Newport City
9/30/15—
ongoing
guidelines with all
indefinite
managers on a quarterly
basis.
d. When new director is
9/30/15—
ongoing
assigned to either The Rose
indefinite
or The Landing as part of
their orientation they will
review the Newport City
guidelines.
#6 of Operational Regulations: Sierra by the Sea continuously operates a 24 hour per day
hotline for receiving inquiries and/or complaints. The number is 800-647-0042. No complaints
received.
Sierra by the Sea is in compliance with this requirement.
#7 of Operational Regulations: Quiet hours have been observed as outlined in the Zoning
Agreement. These hours are Sunday through Thursday 10 pm to 7 am and Friday through
Saturday 11 pm to 7 am. No complaints have been received.
Sierra by the Sea is in compliance with this requirement.
# 8 of the Operational Regulations: SBTS's staff comply with all of the rules surrounding the
routes that vans drive. No complaints received.
Sierra by the Sea is in compliance with this requirement.
#9 of the Operational Regulations: SBTS is in compliance with the regulations related to
deliveries of goods and services. No complaints received.
Sierra by the Sea is in compliance with this requirement.
#10 of the Operational Regulations: SBTS willingly participates in activities of any stake holder
committee or group established by the City to address complaints and concerns of residents of
the City.
To date no such participation has been requested. Sierra by the Sea is in compliance with this
requirement.
#11 of the Operational Regulations: SBTS strictly adheres to the regulation which does not
allow for no more then two (2) clients are in any bedroom in the Facilities.
Sierra by the Sea is in compliance with this requirement.
Operations for Villa Way Facility (now 2800 Lafayette), Newport Beach
Sierra by the Sea
Annual Compliance Report
Page 4 of 6
12-9
The office at 2811 Villa Way was relocated to 2800 Lafayette on May 1, 2013. We met with the
City of Newport and received permission to relocate our administrative services to that
building. Below are the conditions set forth in the zoning agreement:
1. The use of 2800 Lafayette Avenue is limited to only office uses for Sierra by the Sea,
client check-in, and a small ancillary computer lab (5-7 stations). Client group meetings,
client picking up and/or consuming prescriptions, or client consulting with a nurse shall
not occur at 2800 Lafayette Avenue.
Sierra by the Sea is in compliance with this condition.
2. Client check-in shall be limited to 7:OOam to S:OOpm.
Sierra by the Sea is in compliance with this condition.
3. Client use of the computer lab shall be limited to 9:OOam to 4:OOpm.
Sierra by the Sea is in compliance with this condition.
4. Clients may use the building entrance facing 28th Street, but should neighborhood
concerns result, the client entrance shall be relocated to the Lafayette Avenue entrance.
Sierra by the Sea is in compliance with this condition.
5. Outside congregation is prohibited at 2800 Lafayette Avenue.
Sierra by the Sea is in compliance with this condition.
6. The outdoor upstairs patio at 2800 Lafayette Avenue shall be used by employees only
and not be used as a client congregation area. Smoking is prohibited on the public
boardwalk adjacent to 2800 Lafayette Avenue pursuant to Municipal Code Section
11.04.080.
Sierra by the Sea is in compliance with this condition.
7. Provide a revised set of floor plans for 2800 Lafayette Avenue showing the uses for each
area for review and approval by the Community Development Director.
Sierra by the Sea complied with this condition.
8. Clients will not be allowed to assemble at 2800 Lafayette Avenue for the purpose of
being transported to another location.
Sierra by the Sea is in compliance with this condition.
In addition to these conditions we have also transitioned our hotline to the new facility at
2800 Lafayette. As of 04/01/2017, SBTS has not occupied or utilized 2809 Villa Way in any
way for staff or clients.
The parking lot that was provided to us as part of the lease for 2800 Lafayette is located at
2805 Villa Way. Newport City has given permission to use this lot under the following
conditions:
Sierra by the Sea
Annual Compliance Report
Page 5 of 6
12-10
1. Provide 13 off-site parking spaces at 2805 Villa Way which will be used for vehicle
parking and storage by Sierra by the Sea staff and transport vans. All vehicles associated
with Sierra by the Sea shall be parked at this lot rather than on City streets or public
parking lots. For instance, Sierra by the Sea vans shall be parked on the lot rather than
on City streets in the surrounding neighborhood or the City parking lot.
Sierra by the Sea is in compliance with this condition.
2. Screen re -located bike racks within a secured enclosure. Sierra by the Sea was able to
keep the bike racks and bikes at the current location behind 2811 Villa Way and no
change was needed. This was approved by Newport City.
Sierra by the Sea is in compliance with this requirement. As of 04/01/2017, SBTS does
not utilize any bike racks, nor store bicycles behind 2811 Villa Way.
3. Re -strip parking lot subject to review and approval by the Community Development
Department (Building Permit required).
Sierra by the Sea complied with this condition and the work is complete.
4. Upgrade existing landscaping subject to review and approval by the Community
Development Director.
Sierra by the Sea complied with this condition and the work is complete.
5. Provide plan of parking lot and bike racks with enclosure as conditioned above for plan
check. Sierra by the Sea was able to keep bike racks in the same place that was
approved.
Sierra by the Sea is in compliance with this requirement, and as of 04/01/2017, bike
rack usage is non -applicable.
6. Clients will not be allowed to assemble at the parking lot for the purpose of being
transported to another location.
Sierra by the Sea is in compliance with this condition.
Group Size/Frequency Compliance Report:
As of 04/01/2017, 2809 Villa Way is not being utilized in any way by SBTS.
NO ATTENDANCE TRACKING DUE TO NO LONGER OPERATING OUT OF 2809 VILLA WAY
Sierra by the Sea
Annual Compliance Report
Page 6 of 6
12-11
Attachment B
Zoning Agreement
12-12
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO;
Office of the City Attorney
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658
Reeardacl in Official Records, Orange County - - -
Tont naly, Clerk-Racordor
I�IE I Illli ll l[1Ilf ll ill 010111111ill1[i III1N0 FEE
2009000577876 04:49pm 90123/09
295 28 Al2 31
0.00 0.00 0.04 0.40 0.40 0.00 0.00 0.04
[Exempt from Recordation Fee per Government Code Section 27383
CONFORMED COPY
Not Compared with Original
ZONING IMPLEMENTATION
AND
PUBLIC BENEFIT AGREEMENT
12-13
zoning Agreement
ZONING IMPLEMENTATION
AND PUBLIC BENEFIT AGREEMENT
(Pursuant to Callfornla Government Code §§85864-66869.5)
This Zoning Implementation and Public Benefit Agreement (the "Zoning Agreement") Is
entered Into on September 30 2009, by and between the CITY OF NEWPORT BEACH, a
charter city ("City') and SOBER LIVING BY THE SPA, INC., a CALIFORNIA CORPORATION,
COMPREHENSIVE ADDICTION PROGRAMS, INC., a Delaware Corporation, CRC HEALTH
CORPORATION, a Delaware Corporation, CRC HEALTH GROUP, INC., a Delaware
Corporation (collectively referred to as "Operator"). City and Operator and Operator's Affiliates
as herein defined, are sometimes collectively referred to In the Zoning Agreement as the
"Parties" and individually as a "Party."
RECITALS
A. The City Council hereby finds this zoning Agreement is consistent with
provisions of California Government Code §65867, and the City of Newport Beach Municipal
Code Chapter 15,45 and the City's General Pian.
B. On November 20, 2008, City's Planning Commission held a public hearing on
this Zoning Agreement, made findings and determinations with respect to this Zoning
Agreement, and recommended to the City Council that the City Council approve this Zoning
Agreement.
C. On January 27, 2009, the City Council also held a public hearing on this. Zoning
Agreement and considered the Planning Commission's recommendations and the testimony
and Information submitted by City staff, Operator and members of the public. On February 10,
2009, pursuant to the applicable state law (California Government Code §§65854-65869.5) and
local law (City of Newport Beach Municipal Code Chapter 15.45), the City Council passed Its
Ordinance No. 0..._09_4 finding this Zoning Agreement to be consistent with the City of Newport
Beach eemal Plan and approving this zoning Agreement,
D. This Zoning Agreement allows Saber Living a vested right to. (€) operate 156
beds of recovery facilities within the area they are currently operating, and as more particularly
defined in Exhibit D attached (the "Peninsula Zone"), and (€i) up to an additional 48 beds
outslde•of the Peninsula Zone and within zones accommodating multi -family residential uses, In
compliance with the terms of this Zoning Agreement.
E. This Zoning Agreement also memorializes uses granted to and conditions agreed
to by Sober hiving on August 25, 2006 regarding Its administrative offices at 2811 Villa Way
(Exhibit C attached hereto).
AGREEMENT
NOW, THEREFORE, City and Operator agree as follows;
1. NfInItions. The following terms when used In this Zoning Agreement shall have
the meanings set forth below;
12-14
Zoning Agreement
A. "Affiliate" shall mean a person or entity that is directly or Indirectly controlled by
Operator.
B. "City Council" shall mean the governing body of City.
C. 'Control' (including the terms "controlling," "controlled by," and "under common
control with") shall mean the possession, direct or indirect, of the power to direct or cause the
direction of the management and policies of a person, whether through the ownership of voting
securities, by contract, or otherwise.
Q. "Facility' (or "Facilities") is a residential unit used or occupied by persons In
recovery from alcoholism and or drug abuse. Facilities may be "Licensed Facilities" or "Sober
Living Homes." As used in this Agreement, all Facilities constitute "residential care facility" uses
within the context of the City's zoning ordinance,
E. "General Planu shall mean City's 2006 General Plan adopted by the City Council
on July 25, 2006, by Resolution No. 2006-76. The Land Use Plan of the Land Use Element of
the General.Plan was approved by City voters in a general election on November 7, 2006.
F, "Licensed Facilities" shall mean alcoholism and drug abuse recovery facilities
licensed by the California Department of Alcohol and Drug Programs ("ADP"),
G. "Party" or "Parties' shall mean either City or Operator or any of Operator's
Affiliates or both, as determined by the context.
H. "Property' Is described In Exhibit A and consists of a list of addresses of
properties currently operated by Operator as Licensed Facilities and Sober Living Homes in R-
1, R-1%2 , R-2 and multifamily residential ("MFR") and certain Specific Plan District zones within
City. "property' Includes the rights to operate all of those properties as well as other properties
not presently identifiable which may be utilized by Operator as Facilities hereunder.
1. "Sober Living Homes" shall mean alcoholism and drug abuse recovery facilities
not licensed by ADP.
J. "'term' shall have the meaning ascribed in Section 11 of this Zoning Agreement.
2. Significant Publio Benpfit§, The significant public benefits that this Zoning
Agreement provides Include, but are not limited to:
A. Settlement and avoidance of costs of a pending lawsuit, Including attorneys fees;
B. Preservation of the regulatory ordinance which was the subject matter of the lawsuit,
C. Requested termination of a related federal administrative proceeding,
D. A reduction of and limitation on the size of a residential care operation In the City,
Including a limitation on 6 or under Licensed l;acilitlos,
E. Dispersal of Llcen' ed Facilities and Sober Living Homes to reduce the concentration
thereof,
2
12-15
Zoning Agreement
F. The placement of operational controls on said facilities to reduce perceived negative
Impacts on residential neighborhoods.
3. General Plan Consistency and Zoning fm f mentatia . This Zoning Agreement
and the regulations applied herein to the Property ("Applicable Regulations" hereinafter) will
cause City's zoning and other land use regulations for the Property to remain consistent with the
General Plan.
4. Warranties and RegLesentations. moth parties represent that they have legal
authority to enter Into this Zoning Agreement and the remainder of the agreements and
documents that comprise the settlement doouments herein, and that the necessary
authorizations have been obtained, by resolution or other action, and that the persons whose
names appear as signatories below were authorized to accept this Zoning Agreement on behalf
of the Party under whose name they signed,
A. Each Party specifically represents and warrants that It has the legal authorlty to enter
Into a Zoning Agreement of the type and kind herein, and,
B. The City represents and warrants that this Zoning Agreement and the regulations
applied to the Property ("The Applicable Regulations") are:
1. Consistent with the General Plan for the City and any Specific Plans that apply to
the area In which any portion of the Property Is located, and
fl. Consistent with the Local Coastal Land Use Plan ("CLUP) for the City of Newport
Beach and that the CLUP has been approved by the California Coastal
Commission,
5. Operation of.Property: Applicable „Requfatlons. Other than as expressly set forth
In this Zoning Agreement, during the Term of this Zoning Agreement, the terms and conditions
concerning the operation of the Property, including but not limited to the permitted uses and
density and Intenslty of use and the location of buildings Involved shall be those set forth In the
"Applicable Regulations" delineated In Exhibit B and as set forth In Section 6 below. During the
term of this Zoning Agreement, City shall not prevent operation of the Property that is In
compliance with the Applicable Regulations and all other applicable laws and regulations
specified In Section 9 hereof.
6. Operator's Vested Rights. During the Term of this Zoning Agreement, except to
the extent City reserves its discretion as expressly set forth in this Zoning Agreement or in the
Applicable Regulations and all other applicable laws and regulations specified In Section 9
hereof, Operator shall have the vested right, within the limits and constraints of the Applicable
Regulations, to conduct Its operation of Licensed Facilities and Sober Living Homes on the
Property. The letter from City to Operator dated August 25, 2006 regarding Operator's leased
office and meeting facility at 2811 Villa Way ("Villa Way") Is incorporated herein by reference as
Exhibit C. City acknowledges that Operator has compiled with all conditions set out In Exhibit
G except for Paragraph 12 relating to parking, City acknowledges Operator has been exercising
due diligence to complete the parking lot which Is unfinished due to circumstances beyond
Operator's control. Operator agrees to use good faith efforts to get the parking lot at Villa Way
completed. In the event meetings are no longer held at Villa Way, the currently permitted non-
conforming right to use said property as an office use shall continue until termination of this
Zoning Agreement, The Operator's leased property at 505 291h Street, commonly known as
3
12-16
Zoning Agreement
"The Victorian," is a legal nonconforming single family residence and shall be treated as a
Licensed Facility. In the event Ordinance No. 2008.0 is repealed by action of the City Council
or the electorate or if said Ordinance Is declared Invalid or unenforceable by a court of
competent jurisdiction, then the Operator will no longer be bound by the provision of Paragraph
8 of Exhibit B as to the limit of one Licensed Facility or Sober Living Home per block In the event
other operators open facilities on the same block.
7. olice Power. In all respects not provided for In this Zoning Agreement, City
shall retain full rights to exercise City's pollee power to regulate the operation of Residential
Care Facilities on the Property provided such powers are applied consistently with the
provisions of state law and Section 02 of Exhibit €3 to this Zoning Agreement.
8. No Conflicting Enact a ts. During the Term of this zoning Agreement City shall
not apply to the Property any City -adopted ordinance, policy, rule, regulation, or other measure
relating to the operation of Facilities on the Property to the extent It conflicts with this Zoning
Agreement,
9, Reservations. of Auftority. Notwithstanding any provisions set forth In this zoning
Agreement to the contrary, the laws, rules, regulations, and official policies set forth In this
} Section 9 shall apply to and gov%rn the development and operations of the Property:
A. Procedural Regulations, Then current procedural regulations relating to hearing
bodies, petitions, applications, notices, findings, records, hearings, reports,
recommendations, appeals, and any other matter of procedure shall apply to the
Property, provided that they are adopted and applied City-wide or to all other
properties consistent with the provision of Section C2 of Exhibit B.
B. Consistent City Regulations. City ordinances, resolutions, regulations, and official
policies governing development and building which do not conflict with the Applicable
Regulatlons, or with the provisions of Section 02 of Exhibit B where Operator has
consented in writing to the regulations, shall apply to the Property,
C. Public Health and Safely. Any City ordinance, regulation, rule, regulation, program,
or official policy, that Is necessary to protect parsons on the Property or In the
Immedlato community from conditions dangerous to their health or safety shall apply
to the Property, consistent with Section C2 of Exhibit B.
10. No Aaency. Neither Party Is acting as the agent of the other in any respect, and
each Party is an independent contracting entity with respect to the terms, covenants, and
conditions contained In this Zoning Agreement, This Zoning Agreement forms no partnership,.
joint venture, or other association of any kind. The only relationship between the Parties is that
of a government entity regulating the operation of private property by the owner or lessee of the
property.
11. Effective Date Term. This Zoning Agreement shall not become effective, and
except as set forth In Subsection C of this Section 11, neither party shall have any rights or
obligations hereunder, until the "Effective Date,"
A, Effective Date of This Zoning Agreement : This Zoning Agreement shall become
effective on:
4
12-17
Zoning Agreement
I. The 91st day following the City Council's passage of the ordinance approving this
Zoning Agreement, or
It. If a referendum or other elective challenge to the ordinance approving this
Zoning Agreement qualifies to be placed on the ballot, then on the 31st day after
the City Clerk certifies that the referendum or other elective challenge has felled
to pass, or
iii. If litigation Is Instituted to challenge this Zoning Agreement prior to the Effective
Date established In accordance with Section 11 A. 1. and Ii above, then on the
31st day after the litigation is terminated, the time for appeal has expired, and the
legal challenge has been unsuccessful.
B. Term. The term of this zoning Agreement (the "Term") shall commence on the Effective
Date and shall expire at the conclusion of the 25th year thereafter. However In no event
shall the term of this Zoning Agreement exceed thirty (30) years after its execution,
C. Stay of. Ordinance 2008.05 Pending Effective Date. Prior to the effective date of the
ordinance adopting this Zoning Agreement, or that date upon which it becomes clear
that there shall be no Effective pate, whichever Is later, the Operator's use permit
process shall be tolled, and the City shall not otherwise enforce the provisions of
Ordinance 2008-5.
this Zoning Agreement under
12. r endr Cancellation of Zoning6greement Other than modifications of
90 of this zoning Agreement, this Zoning Agreement may
be amended or canceled In whole or in part only by mutual written and executed consent of the
Parties In compliance with California Government Code §65868 and City of Newport Beach
Municipal Code §16.45.060.
13. Enforcement. Unless amended or canceled as provided In Section 12 of this
Zoning Agreement, or modified or suspended pursuant to California Government Code
§65869.6, this zoning Agreement Is enforceable by either Party despite any change in any
applicable general or specific plan, zoning, subdivision, or building regulation or other applicable
ordinance or regulation adopted by City (including by City's electorate) that purports to apply to
any or all of the Property.
14. Ferfr�¢lc _Review of Com0lance. City and Operator shall each comply In good
faith with the terms of this Zoning Agreement, The Parties shall review this zoning Agreement
at least once every 12 months from the Effective Date for good faith compliance with Its terms
consistent with California Government Code §65865 and §65866.1 and City of Newport Beach
Municipal Code §15.45.070. At the reviews, Operator shall demonstrate Its good faith
compliance with this Zoning Agreement and shall document the current'status of Its operation.
Operator also agrees to furnish evidence of good faith compliance as City may require in the
reasonable exercise of Its discretion and after reasonable notice to Operator. On or before
December 31 and .lune 30 of each year during the Term of this zoning Agreement, $ober Living
shall submit a Compliance Review Report, whose template is attached as Exhibit. G. The
requirement of good faith compliance shall be met upon the submittal to the City of an accurate
form showing Information relating to facility locations and bed counts. City shall have the right
to audit the accuracy of the form through on-site Inspections of the Facilities at mutually -
agreeable times and during regular business hours.
5
12-18
Zoning Agreement
15, Events of Default.
A. Default by Operator, pursuant to California Government Code §65865.1, if City
determines that Operator has not complied in good faith with Operator's obligations pursuant to
this Zoning Agreement, City shall by written notice to Operator specify the manner in which
Operator has failed to comply and state the steps Operator must take to bring Itself into
compliance. If Operator does not commence compliance within 30 days after receipt of the
written notice from City specifying the manner In which Operator has failed to comply, and
diligently pursue steps to achieve full compliance, then Operator shall be deemed to be in
default under the terms of this Zoning Agreement. City may then seek available remedies as
provided in Section 15.0 of this Zoning Agreement.
8. Default by City. If City has not compiled with any of Its obligations and limitations
under this Zoning Agreement, Operator shall by written notice to City specify the manner in
which City has failed to comply and state the steps necessary for City to bring Itself Into
compliance. if City does not commence compliance within 30 days after receipt of the written
notice from Operator specifying the manner In which City has failed to comply, and diligently
pursue steps to achieve full compliance, then City shall be deemed to be in default under the
terms of this Zoning Agreement. Operator may then seek a specific performance or similar
equltable remedy as provided in Section 15.0 of this zoning Agreement
C. Specific Performance and Damages Remedies. The Parties acknowledge that
remedies at law generally are inadequate and that specific performance is appropriate for the
enforcement of this Zoning Agreement. The remedy of specific performance or, in the
alternative, a writ of mandate, shall be the sole and exclusive remedy available to either Warty In
the event of the default or alleged default by the other. Prior to exercising such a remedy, the
Party seeking to do so shall submit the matter to nonbinding arbitration through JAMS or
another arbitrator mutually acceptable.
D. Recovery of Legal Expenses by Prevailing Party in Any Action. In any judlclal
proceeding ("Action") between the parties that seeks to enforce the provisions of this Zoning
Agreement, the prevailing Party shall recover all of its actual and reasonable costs and
expenses. These costs and expenses include expert witness fees, attorneys' fees, and costs of
investigation and preparation before Initiation of the Action. The right to recover these costs and
expenses shall accrue upon initiation of the Action.
16. Cooperation. Each Party covenants to take all reasonable actions and execute
all documents that may be necessary to achieve the purposes and objectives of this Zoning
Agreement.
17. Force Mglgure. Neither Party shall be deemed to be In default where failure or
delay In performance of any of Its obligations under this zoning Agreement is caused, through
no fault of the Party whose performance Is prevented or delayed, by'floods; earthquakes, other
acts of God, fires, war, riots or similar hostilities, strikes or other labor difficulties, state or federal
regulations, or court actions.
18. T.bitd_Party Legal Chalienae. If a third party brings a legal action challenging the
validity or enforceability of any provision of this Zoning Agreement or the Applicable Regulations
or the manner in which the ordinance approving this Zoning Agreement was processed and
approved, including the application of tate California Environmental Quality Act to that process,
("Third Party legal Challenge") the parties shall defend the Third Party legal Challenge jointly,
12-19
Zoning Agreement
and each party shall be responsible for Its legal expanses incurred In connection with the Third
Party Legal Challenge.
19. Right to Assign, Operator shall have the right to transfer or assign the rights and
obligations contained herein in whole to any person, partnership, joint venture, firm, or
corporation at any time during the Term of this Zoning Agreement without the consent of City.
Upon the effective date of any such transfer or assignment of the Property, the transferor -
assignor shall notify City of the name and address of the transferee. Any assignment of this
Zoning Agreement must be pursuant to a sale or transfer of Operator's rights in the entirety of
the Property. Any sale or transfer of the Property shall Include the assignment and assumption
of the rights, duties, and obligations arising from this Zoning Agreement to the transferee with
respect to all of the Property. Operator shall no longer be obligated under this Zoning
Agreement for the Property if Operator Is net In default under this Zoning Agreement at the time
of the sale or transfer.
20. Zoning Mraement Bind Ing -W--Q uccesso rs and Assf s. The burdens of this
Zoning Agreement are binding upon, and the benefits of this Zoning Agreement shall inure to,
all successors In interest of the Parties to this Zoning Agreement.
21. Estoppel Certificate. At any time, either Party may deliver written notice to the
other Party requesting that the Party certify in writing that, to the best of its knowledge:
A. This Zoning Agreement Is in full force and effect and Is binding on the Party;
B. This Zoning Agreement has not been amended or modified either orally or In writing.
If this Zoning Agreement has been amended, the Party providing the certification
shall identify the amendments; and
C. The requesting Party is not In default In the performance of its obligations under this
Zoning Agreement. If the requesting party is in default, the other Party must
describe the nature of the default.
The requesting party shall execute and return the certificate within. sixty (60) days
following receipt. Any assignee of a Party's rights and obligations hereunder, as referred to in
this Section 21, shall be entitled to rely on the certificate.
22. Furth ctto sn trump t . Each Party shall cooperate with and provide
reasonable assistance to the other Party to the extent consistent with and necessary to
implement this Zoning Agreement. Upon the request of a Party at any time, the other Party
shall promptly execute, with acknowledgment or affidavit If reasonably required, and file or
record the required Instruments and writings and take any actions as may be reasonably
necessary to implement this Zoning Agreement or to evidence or consummate the transactions
contemplated by this Zoning Agreement.
23. otices. Any notice or demand that shall be required or permitted by law or any
provision of this Zoning Agreement shall be In writing. if the notice or demand will be served
upon a Party, It either shall be personally delivered to the Party, deposited In the United States
mail, certified, return receipt requested, and postage prepaid; or delivered by a reliable courier
service that provides a receipt showing date and time of delivery with courier charges prepaid.
The notice or demand shall be addressed as follows:
7
12-20
Zoning Agreement
To City: City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Reach, California 92663-3884
Atteritlon: City -Manager
Fax: 949-644-3020
With a copy to: City Attorney
City of Newport Beach
3300 Newport Boulevard
Past Office Box 1768
Newport Beach, California 92563.3884
To Operator: Sober Living by the Sea, Inc.
2811 Villa Way
Newport Beach, California 92663
Attn: Executive Director
Wlih a copy to: CRC Health Group, Inc.
2400 Stevens Creek Boulevard, Suite 600
Cupertino, California 95014
Attn: General Counsel
Fax: 415-358-8444
Either Party may change the address stated in this Section 23 by notice to the other
Party In the manner provided In this Section 23, and notices shall be addressed and submitted
to the new address. Notice shall be deemed to be delivered upon the earlier of: (a) the date
received; or (b) three business days after deposit In the mall as provided above.
24. Rules of Construction and Miscell-aneogs Terms.
A. Rules of Construction. The singular includes the plural; the masculine and
neuter Include the feminine; "small" Is mandatory; "may" Is permissive.
B. Time Is of the Essence. Time is of the essence regarding each provision of this
Zoning Agreement in which time is an element.
C, Waiver. Failure by a Party to insist upon the strict performance of any of the
provisions of this Zoning Agreement by the other Party, and failure by a Party to exercise its
rights upon a default by the other Party, shall not constitute a waiver of that Party's right to
demand strict compliance by the other Party in the future.
D. Counterparts. This .Zoning Agreement may be executed In two or more
counterparts, each of which shall be identical and may be Introduced In evidence or used for
any other purpose without any other counterpart, but all of which shall together constitute one
and the same Zoning Agreement.
E. Entire Agreement, Except for the Settlement Agreement, this zoning Agreement
constitutes the entire agreement and supersedes all prior agreements and understandings,
both written and oral, between the Parties with respect to the subject matter addressed In this
Zoning Agreement,
E
12-21
Zoning Agreement
F. Construction. This zoning Agreement has been drafted after extensive
negotiation and revision, Both City and Operator are sophisticated parties who were
represented by €ndependent counsel throughout the negotiations. City and Operator each
agree and acknowledge that the terms of this Zoning Agreement are fair and reasonable, taking
Into account their respective purposes, terms, and conditions. This Zoning Agreement shall
therefore be construed as a whole consistent with Its fair meaning, and no principle or
presumption of contract construction or Interpretation shall be used to construe the whole or any
part of this Zoning Agreement In favor of or against either party.
C. No Third Party Beneficiaries. The only parties to this Zoning Agreement are City
and Operator. This Zoning Agreement does not involve any third party beneficiaries, and It Is
not intended and shall not be construed to benefit or be enforceable by any other person or
entity.
H. Applicable Law and Venue. This zoning Agreement shall be construed and
enforced consistent with the Internal taws of the State of California, Any action arising under
this Zoning Agreement or brought by any Party for the purpose of enforcing, construing, or
determining the validity of any provision of this Zoning Agreement shall be flied and tried in the
Superior Court of the County of Orange, State of California, or the United States District Court
for the Central District of California, The Parties waive all provisions of low providing for the
removal or change of venue to any other court.
1. Section Headings, All section headings and subheadings are Inserted for
convenience only and shall not affect construction or interpretation of this Zoning Agreement.
J. Authority to Execute. The persons executing this Zoning Agreement warrant and
represent'that they have the authority to execute this Zoning Agreement on behalf of the entity
for which they are executing this Zoning Agreement. They further warrant and represent that
they have the authority to bind their respective Party to the performance of Its obligations under
this Zoning Agreement.
CITY:
CITY OfNLORTSEAC
j ",
By:
Edward Selich
Title: MAYOR OF NEWPORT BEACH
OPERATOR:
SOBER LIV BY THE SEA, INC.
r�
By:
Kevin Hogge
Title. CHIEF FINANCIAL OFFICER
12-22
Zoning Agreement
By: &. 6 J��
Pamela Burke
Title: VICE PRESIDENT/SECRETARY
OPERATOR:
COMPREH SIVE ADDICTIONS PROGRAMS, INC.
13y: .��
Kevin Hogge
Title: CHIEF FINANCIAL OFFICER
B : qo,
Y26�xl
Pamela -Burke
Title: VICE PRESIDENT/SECRETARY
OPERATOR:
CRC HE CORPORATION
By:
Kevin Hoag
Title: CHIEF FINANCIAL OFFICER
e�2j
By; e-,
a —
Pamela Burke
Title: VICE PRESIDENT/SECRETARY
OPERATOR:
CRC HEA GROUP, INC.
By:
Kevin Hogge
Title: CHIEF FINANCIAL OFFICER
By:T'
&L
P ela Burke
Title: VICE PRESIDENT/SECRETARY
10
12-23
Zoning Agreement
APPROVED AS TO FORM:
By:
David R. Hunt
Title: CITY ATTORNEY, CITY OF NEWPORT BEACH
ATTEST.
By:
Title,
d&"Q
L.ellani Brown
CITY CLERK, CITY OF NEWPORT BEACH
11
12-24
Zoning Agreement
Exhibit A
List of SLBTS Facilities
248-7Via
Lido Soud'
; : ADP Licensed
100
Via Antibes
ADP Licensed
102
Via Antibes`
'. OP Licensed
505
29th Street
ADP Licensed
116
A B-
34th Street
Sorer Living
X.
307
1/2
34th Street
Sober Living
X
309
1/2
34th Street
Sober Living
X'
125
+1/2
39th Street
ADP Licensed
X
112
A &; B-
40th Street
ober Living
118
A & B
45th Street
Sober Livinq
X
122
'A &B`
45th Street-
.' ADP: Licensed
5004
A & B
Neptune
Sober Living
510.1
AA B :
Diver
ADP Licensed
3960-80
Seashore
ADP Licensed
..4600-04
Seashore
ADP Licensed
4711
Seashore
ADP Licensed
.4800.
:
seashore
AD171lcbn6ed
-X'
4816
Seashore.
Sober Liv!DcL-
6111
Seashore
ADPI[censed
6110
VII Oceanfront
jADP Licensed
""X"= Closed. orclosin
j
I May not be closed if 4816 Seashore is closed
12-25
Zoning Agreement
Exhibit B
Applicable Regulations
A. Number and Location of Facilities. Number and location of facilities which may be
utilized as Licensed Facilities or Sober Living Homes.
1. On and after the Effective Date of the ordinance adopting this Zoning Agreement,
there shall be no more than 04 beds occupied In the City at any time by persons who are
patients, clients or customers of Sober Living, whether contained within Licensed Facilities or
Sober Living Homes. More than one such facility may be operated In a single building.
2. On and after the effective dale of the ordinance adopting this Agreement, there
small be no more than jM beds occupied in total In those parts of the City referred to as the
Peninsula, Lido Isle, West Newport and Newport Shores (the "Peninsula zone") as depleted In
Exhibit D at any time by persons who are patients, clients or customers of Sober Living,
whether contained within Residential Care Facilities, General, Residential Care Facilities, Small
Licensed or Residential Care Facilities, Small Unlicensed as defined In §20.05.030 of the
Newport Reach Municipal Code.
3. On and'after the effective date of the ordinance adopting this Agreement, there
shall be no more than 12 beds (12 of the 156 described In Section A2 above) occupied Lido isle
at any time by persons who are patients, clients or customers of Sober Living, whether
contained within Residential Care Facilities, General, Residential Care Facilities, Small
Licensed or Residential Care Facilities, Small Unlicensed as defined In §20,03.030 of the
Newport Beach Municipal Code.
4. On and after the effective date of the ordinance adopting this Agreement, all
beds in the City In addition to those provided for In Sections A,2. and A.3. of this Exhibit B
occupied at any time by persons who are patients, clients or customers of Sober Living, whether
contained within Residential Cate Facilities, General, Residential Care Facilities, Small
Licensed or Residential Care Facllitles, Small Unlicensed as defined in §20.03.030 of the
Newport Beach Municipal Code shall be located only In zones accommodating multi -family
residential uses outside of the Peninsula Zone. Sober Living shall provide the City with the
address of any new Facility resulting from placing beds per this section within thirty (30) days of
establishing the Facility.
5. On and after the Effective Date of the ordinance adopting this Agreement, Sober
Living shall locate ail of its newly established facilities utilized as Licensed Faellitles-or Sober
Living Homes so that only one building shall contain such facilities, whether operated by Sober
Living or any other person or entity, Is located either on a block in the City or across a bordering
street. To facilitate transfers of properties to attain or maintain this "one building per block'
standard, Sober Living may, for not more than 120 days, hold leases for two properties on one
block If the properties are involved In a Facility transfer. For purposes of this Agreement, a
block Is an area bounded by four streets (not alleys).
6. Except as provided in Section AJ. below, within thirty (30) months of the
Effective Date of the ordinance adopting this Agreement, Sober Living shall relocate Its
presently operating facilities as necessary to comply with the criterion set forth in Section A.S.
above as to Its presently operating Licensed Facilities and Sober Living Homes. All such
relocations must be to sites which have no other Facility, whether operated by Sober Living or
12-26
Zoning Agreement
any other person or entity, either on the Mock to which the facility Is relocated or across a
bordering street,
7. Notwithstanding the provisions of Section A.5 above, Sober Living may continue
to operate Facilities at the following addresses during the term of this Agreement:
C 912 40th Street and 3960-3980 Seashore (on the same block);
e 122 45th Street and 4500-4504 Seashore(across a bordering street);
V 6110 Oceanfront and 6111 Ocean Front (across a bordering streettalley); and
• 4711 Seashore and either 4800 Seashore or 4816 Seashore (across a bordering street
and down a block).
8. Sober Living shall not establish any Facility pursuant to Section 4 of this Exhibit B
unless and. until Sober Living has fully and timely compiled with the relocation requirements set
forth in Section 6 of this Exhibit B.
9. Sober Living shall not establish or operate a Facility on a parcel of property which
has a lot line located within 1,000 feet of any NMUSD elementary school or the large
commercial State -licensed day care facility listed on Exhibit E.
10. Sober Living shall not establish or operate a Facility at any location which Is
adjacent to the 36th Street Tot Lot or the Marina park Tot Lot so long as those tot lots are so
utilized.
B. Operational Regulations.
criteria: During the term hereof, Sober Living shall comply with all of the following operational
1. Sober Living shall not provide any services to or house any parolee or parolees
from the California Department of Corrections or its equivalent In any other State or the Federal
Bureau of Prisons In any of Its Facilities located In the City.
2, Any and all medical waste generated through the operation of a Sober Living
Homes or Licensed Facility shall be disposed of in accordance with all laws and best Industry
standards and practices.
3. Sober Living shall comply with City code provisions pertaining to trash
enclosures at ail of its Sober Living Homes or Licensed Facilities.
4. Smoking and Tobacco Products,
(a) Sober Living shall make good faith efforts to prevent second hand smoke from
leaving any of its Facilities In a manner that significantly affects occupants of
neighboring residents In the use and enjoyment of their properties. These efforts
may include, but are not limited to:
The designation of a smoking area at each site, with a device to mitigate or disperse
secondhand smoke;
An active smoking cossallon program made available to all clients;
12-27
zoning Agreement
(b) Apply a policy directing clients or residents to avoid littering cigarette butts on the
ground, floor, deck, sidewalk, gutter, or street.
(c) Apply a policy reminding clients not to use tobacco on beaches, boardwalks, and
piers consistent with City prohibitions against smoking in those areas.
5. Sober Living shall comply with all City code provisions requiring off street parking
in residential zones.
6. Sober Living shall establish, provide public notice of and continuously operate a
24 hour per day hotline for receiving Inquiries and/or complaints in reference to its operation of
Its Facilities in the City.
7. Sober Living shall apply the following Quiet Hours to its patients, clients and
customers occupying beds in all Facilities which Sober Living operates In the City. During these
Quiet Hours, all residents will be inside except during emergencies;
• Sunday through Thursday- 10 pm to 7 am;
• Friday through Saturday -11 pm to 7 am.
8. Sober Living shall use good faith efforts to Implement the Route Plans for
transport of Its staff, residents, clients and customers which Sober Living submitted to the City
as part of Its applications for Use Permits on file with City's staff as of July, 2008. A true and
correct copy of those Route Plans are attached as Exhibit F. Short-term Interruptions, such as
medical emergencies or street maintenance which are beyond Sober Living's control, are
allowable modifications to the Route Pians,
9. Sober Living shall accept deliveries of goods and services to the Residential Gare
Facilities which It operates In the City only during customary times for such deliveries of goods
and services to occur in residential areas of the City and In accordance with any City regulation
adopted which controls times for such deliveries on a ellywide basls applicable to all residential
properties.
10. Sober Living shall participate in the activities of any stakeholder committee or
group established by the City to address complaints and concerns of residents of the City
regarding the operation of Residential Care Facilities in the Clty=
11. Sober Living shall maintain its present policy not to allow more than two (2)
clients per bedroom in the facilities unless the size of the structure warrants a larger occupancy
for any single bedroom.
C. General Constraints on Regulation.
1. Most Favored [Nation. If the City enters Into an agreement with any operator of a
Sober Living Home or Licensed Facility In the City which, includes one or more of the below
three provisions and provides a materially more favorable regulatory treatment to that operator
than is afforded to Sober Living hereunder, the more favorable regulatory provision or provisions
shall then apply to Sober Living and shall be deemed to supersede any conflicting provision or
provisions contained In this Zoning Agreement. Approvals within the Group Residential Uses
12-28
Zonlno Agreement
Ordinance's Use Permit process do not constitute agreements for the purposes of this
paragraph.
The three provisions are:
(a) An allowance of a percentage increase greater in bed counts greater than 30%
above the number operated by the Operator at the time of the agreement;
(b) Dispersion (i.e. one building per block and no facilities on streets facing each other)
more concentrated than for SLBTS under the terms of this Agreement; and
(c) Distancing from public elementary schools and large licensed day care that Is less
than for SLBTS under the terms of this Agreement.
2. The City shall respect and adhere to the exemption In California Health and
Safety Code §11834.23 that dlreots that the City apply the same building, fire, and other related
codes to Facilities with six or fewer clients as it does for any single-family residential property
provided that:
(a) The exemption Is not repealed or otherwise Invalidated by an appellate court
decision;
(b) The exemptlon Is being applied to a single family dwelling unit (including
condominiums) or a duplex;
(c) SLBTS does not place non-ambulatory residents In their facilities; and
(d) SLBTS does not accept referrals or placements within a SLBTS home for protective
social care and supervision services by any governmental agency.
3. This Agreement, and, more specifically, these Applicable Regulations obviate the
need for and shall supersede the processing or Issuance of any Use Permit or Use Permits
concerning Sober Living's operations In the City.
12-29
Exhibit e zoning Agreement
2811 Viiia Way -Lotter
CITY OF NEWPORT BEACH
IPLANt1 UM DEPMTMENT
Patricia L. ,Temple, Director
August 25, 2006
Bill Swiney
Sober Living by the Sea
2811 Villa Way
Newport Beach, California 92663
RE., Sober living by the Sea — 2809, 2811, 2813 Villa Way, Newport Beach
Dear Bill:
I am In recelpt of your correspondence dated July 21, 2006. In your correspondence, you
discuss a proposal whereby Sober living by the Sea ("Sober living") would modify Its use
of the property located at 2009-2813 Villa Way ("Sober living Facility") so that It Is no
longer designated as a social club, as defined by Newport Beach Municipal Cade Section
20.05.040. 1 have carefully reviewed your proposal and have determined that Sober
Living would not be designated as a social club if it was operated in the following manner.,
1. The "large conference room," designated on the floor plans submitted on
August d, 2006 ("Plans!), must be reduced so that the maximum occupancy for this room
Is approximately 20 persons. Two cubicle type offices, the design of which will need to be
approved by the Planning Director In writing, will need to be constructed In the large
conference room.
2. The "small conference room," designated on the Plans, must be reduced so
that the maximum occupancy for this room is approximately 20 persons. A wall will need
to be constructed across the back of the small conference room, as indicated on the
marked up Plans which are attached hereto. The construction of the wall must comply
with all laws and regulations Including, but not limited to, the Building Code.
3. A revised set of plans showing the wail in the small conference room and
the uses for each area of the property will need to be submitted to and approved In writing
by the Planning Director, After approval of the Plans, Sober Living'must use each of the
areas for the designated use and obtain the Planning Director's approval In writing prior to,
any change In use.
4. The area designated as the "covered patio," and other outdoor areas,
designated on the Plans may not be used by Sober Living clients except as provided
hereafter. Clients attending meetings scheduled at the Sober living- Facility may
assemble In the covered patio area, or other outdoor areas, 10 minutes prior to a meeting
and 10 minutes after a meeting, Between the hours of 7:00 a.m. and. 8:30 a.m., clients
that attend meetings scheduled at the Sober Living Facility, may be transported by van to
any other location provided that they do not assemble In the covered patio area, or other
3300 Newport Boulevard - moat 010ce Box 1768 . Newport Beach, 04romia 92868-8929
Telephone: (949) 644-3200 - Pax: (949) 641-3229 • www, city. newport-beach.ca.us
12-30
outdoor area, for more than 10 minutes after a meeting ("Clients Transported by Van'),
Between the hours of 1,00 p.m. and 3:00 p.m., clients that Clients Transported by Van
may be dropped back off at the Sober Living Facility provided that they: (a) do not arrive
at the Sober Living Facility more than 10 minutes before their next scheduled meeting; or
(b) that they disperse within 10 minutes after being dropped off at the Sober Living
. ........_...Facility.. .. .. ..
6. An average of 10 meetings per week may be held at the Sober Living
Facility. However, no more than 12 meetings may be held In any one week and no more
than 20 people may attend any meeting. Up to two meetings may be held concurrently.
The basis for determining the average number of meetings will be based on a 4 week
period. On an ongoing basis, Sober Living will maintain records for the past 12 month
period that document the number of meetings held per week and the number of persons
In attendance. These records will be verified by a representative of Sober Living and will
be made available to the planning Director upon request.
6. No client enrolled in any of the Sober Living programs that meet at the
Sober Living Facility will be allowed to operate a motor vehicle.
7. All large meetings, In excess of 20 persons, will be held at some other
location (any other locations used in the City shall be approved for large assembly use).
8. - The hours of operation for conducting meetings and pinking up
prescriptions at the Sober Living Facility will be from 6:30 a.m. to 8:30 p.m. Clients
picking up or consuming prescription medicine at the Sober Living Facility will be required
to leave the Sober Living Facility within 10 minutes after they have picked up or
consumed their medication.
9. Any nurse at the Sober Living Facility shall only be on site Monday through
Friday from'7:00 am to 6:00 pm and on Saturday from 8:00 am to noon. There shall be
no nurse at the Sober Living Facility on Sundays.
10. Two staff employees shall be allowed to remain at the Sober Living Facility
until 11,00 pm, 7 days a week to receive calls.
11. Except as provided herein, clients will not be allowed to assemble at the
Sober Living Facility for the purpose of being transported to any other location.
12. Sober Living will provide and maintain 13 off-site parking spaces at the lot
directly across the street from the Sober Living Facility and will park vehicles associated
with the Sober Living Facility at the lot rather than on City streets or public parking lots.
For Instance, Sober Living currently uses six vans, These vans would be parked on the
lot rather than on City streets In the surrounding neighborhood or the City parking lot.
13. Sober Living will direct clients and ensure that clients riding bines to the
Sober living Facility access the facility by a route approved by the planning Director in
wriiing.
1.4. Sober living will provide trash and cigarette disposal containers and inform
their clients that they are not to dispose of lifter on City streets or adjoining properties.
12-31
In summary, If Sober Living operated in conformance with the foregoing conditions, it
would be my determination that Sober Llving would not be defined as "social club",
However, please be advised that It is my opinion that any deviation from the foregoing
conditions or any additional assembly at the Sober Living Facility would change the
_....._M -category of use:
Please contact me at your earliest convenience so we can discuss a timeline for Sober
Living to Implement the foregoing changes, Simply put, I cannot make a determination
that Sober Living is operating in confon-nance with the Municipal Code until the above -
referenced changes have been made. Further, as a condition to making my
determination that a use permit Is no longer required, Sober Living will need to wilhdraw
its appeal without prejudice.
I appreciate your continuing assistance In this matter
Very truly yours,
U
Patricia L. Temple,
Pin nnIng Director for the
City of Newport Beach
cc: Aaron C. Harp, Assistant City Attorney
Dennis O'Neil, Esq,
Enclosure: Modified Plans
12-32
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12-33
Zoning Agreement
Exhibit D
Depiction and Description of "Peninsula Zone"
Depiction of Peninsula Zane:
The lands withln the yellow boundary as shown below,
Description of Peninsula zone:
Starting at the mouth of the Santa Ana River:
• The land area southerly of the Newport and Seminouk Sloughs known as Newport Shores, and
• The land coastward of Pacific Coast Highway to Newport Boulevard known as Balboa Coves, West
Newport Beach, Lido Sands, and Newport €gland; and
• The land southerly of a line extending along the Federal Navigational Channel between Newport
Boulevard and the Newport Harbor Jetty, known as the Balboa Peninsula, Lido Peninsula, Lido Isle,
Bay Island, and Cannery Village; and
• Southward on Newport Boulevard about 60 feet to Lower Newport Bay; and
All lands southerly of Lower Newport Bay between Newport Boulevard down the Federal Navigational
Channel within the Lower Bay, inclusive of Lido Isle and Bay Island and Inclusive of the Balboa
Peninsula,
12-34
zoning Agreement
Exhibit E
Specific barge DSS -Licensed bay Care FacJ1111 s -- Peninsula zone
Faclffty No: 300000193 Capacity: 0044
CHRIST CHURCH BY THE SEA CHILDREN'S CENTER
9400 WEST BALBOA BOULEVARD
NEWPORT BEACH, CA
12-35
Zoning Agreement
Exhibit F
Route Plans
In the attached Route Plans, the red arrow designates arrival route, the blue arrow
designates departure route, The star designates the facility location.
12-36
381 2i]�215
7 14- 711
Zoning Agreement
-116 34" Street, A & B
The primary route of travel between Sober Living by the Sea's adminis#rative oifioes In
Cannery Village (2811 Villa Way) and these residential dwelling units Is 32nd Street,
Balboa Boulevard, 34th Street, and Seashore Drive.
12-38
I
505 2911 Street
U, IT.
SeTtl ST
Zoning Agreement
12-39
.3
The primary route of travel between Saber UvIng by the
Sea's administrative offices In
Cannery Village (2811
ling units is Lafayette, 29111
Villa Way) and these residential dwelling
Street, and Villa Way.
12-39
112 4dh Street, Units A and B
3960-3980 Seashore Drive
#8133
\r ' ! f I
44%4404
.s 131
130
�tiisz
4401
�
iai
• 123,
i0
Zoning Agreement
#9
ze\
W
4.\
2fna`
04 `
„W ii�11' i� ixo ite;
The primary route of travel between Sober Living by the Sea's administrative offices in
Cannery Village (2811 Villa Way) and these residential dwelling units is along Balboa
Boulevard, Seashore, and 32"d Street.
12-40
Zoning Agreement
4816 Seashore
4711 Seashore
The primary route of travel between Sober Living by the Sea's administrative offices in
Cannery Village (28'11 Villa Way) and these residential dwelling units is along Balboa
Boulevard, 46' Street, Seashore, 51 *5t Street, and River Avenue.
12-41
Zoning Agreement
5101 River
5004 Neptune, A & B
The primary route of travel between Sober Living by the Sea's administrative offices in
Cannery Village (2811 Villa -Way) and these residential dwelling units Is along Balboa
Boulevard, Fliver Avenue, 501h Street, Neptune, and 51st Street.
12-42
6111 Seashore
6114 West Ocean Front
Zoning Agreement
The primary route of travel. between Sober living by the Sea's administrative offices In
Cannery Village (2811 Villa Way) and these residential dwellly units Is, along Newport
Boulevard, Coast Highway, Prospect, Ocean Front Alley W, 62 Street, and Seashore.
12-43
Exhibit a
Compliance Report Template
(pate Report Submitted)
This form covers the period of (month, day) through (month, day), 20..,.,,,.,.
During the above period, Sober Living by the Sea'managed or controlled the following facilities
In Nowport Beach:
12-44
Attachment C
Zoning Agreement Administration Protocol Memorandum
12-45
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
DATE: October 29, 2010
TO: Janet Brown, Associate Planner
Matt Cosylion, Senior Code Enforcement Officer
FROM: Office of the City Attorney
David R. Hunt, City Attorney
MATTER: Group Homes: Code Enforcement;
A09-00417
SUBJECT: Zoning Administration Protocol
This memorandum sets forth the standard protocol and procedures for administering the City's
zoning agreements with alcohol and drug abuse recovery and treatment facility operators ("Drug
and Alcohol Recovery Facility operators"). This protocol will be provided to Drug and Alcohol
Recovery Facility operators that have entered zoning agreements with the City, for their
information.
DRUG AND ALCOHOL RECOVERY FACILITIES
ZONING AGREEMENT ADMINISTRATION PROTOCOL
The following protocol reflects the City's compliance review, as set forth under the City's Zoning
Agreements with Sober laving by the Sea ("SI -STS"), Morningside Recovery ("Morningside"),
and any other Drug and Alcohol Recovery Facility operator with which such an agreement may
be entered (collectively "Operators).
1.0 Inspectio_n Protocol
1.1 Operators shall submit to the City's Code Enforcement Division ("CED") the
Compliance Review Report ("Report") shown as an exhibit to Operator's Zoning
Agreement, at the times required under Operator's Zoning Agreement. At the same
time, Operators shall also submit the name, phone number, and e-mail of its staff
member(s) designated to join any Inspection ("Operator Staff Member").
1.2 On a quarterly basis, CED shall submit the list of each Operator's facilities to the
Police Department for verification that each Operator is in compliance with the terms of
Operator's Zoning Agreement that relate to parolees and probationers, and the
prohibition on Parolee -Probationer Homes as defined by Newport Beach Municipal
Code Section 20.05.030,
1.3 On a quarterly basis, CED shall select up to four (4) facilities on the list to verify the
client count and client bed count through an onsite Inspection during a weekday.
12-46
Zoning Agreement Administration Protocol
October 29, 2010
Page: 2
1.4 CED shall notify the Operator Staff Member by e-mail and telephone of the time of the
inspection and which facilities will be inspected. Such notification will occur a
reasonable amount of time prior to the inspection, generally four (4) but not less than
two (2) hours prior to inspection.
1.5 While inspecting each facility, CED staff shall not obtain client names nor take photos
of clients and shall be respectful at all times of client privacy. CED staff shall count
clients and/or client beds and verify that the client and/or client bed count at each
facility does not exceed those on the reports submitted by Operator.
1.6 If, during a facility inspection, CED observes beds (assembled or unassembled) in
excess of the number of client and staff beds reported by Operator, CED shall request,
and Operator shall provide, an explanation of the presence of such additional beds.
1.7 An inspection report shall be made for each facility.
1.8 All inspection reports and Reports submitted by Operator to CED shall be submitted to
the Planning Department for Inclusion in the City's annual review of Operator
compliance with the ,Zoning Agreement.
2.0 Compliance Review Protocol
2.1 The Effective Date of the Zoning Agreement and Settlement Agreement between the
City and SLBTS shall be May 12, 2009. The Effective Date of the Zoning Agreement
between the City and Morningside shall be December 28, 2010. The Effective Date
for any other Operator with which the City may enter such an agreement, shall be as
defined in the Operator's Zoning Agreement.
2.2 Annual Review of SLBTS' compliance with the Zoning Agreement shall be held, to the
greatest extent possible, at the second City Council meeting in July of each year.
2.3 For public notice purposes, the properties that must be posted prior to the public
hearing shall Include only those operated by Operator at the time of the Compliance
Review hearing.
2.4 To prevent inadvertent dissemination of confidential business information of Operators,
including the number of beds actually occupied by persons who are patients, clients or
customers of Operators during City inspections, and to provide a convenient shorthand
reference to housing for persons who are patients, clients or customers of Operators,
the City shall refer to patients, clients and customers of Operators as "clients," and to
beds occupied or potentially occupied by clients at Operators' residential facilities as
"client beds."
2.5 The terms of each Zoning Agreement, (including, In the case of SLBTS, the terms of
the August 25, 2006 Determination Letter from the Planning Director to SLBTS), shall
be reviewed by staff prior to annual Compliance Review, and good faith compliance
with the terms of the Zoning Agreement shall be noted in staff reports and exhibits
where staff believes such good faith compliance has been demonstrated. Operator is
encouraged to provide any written documentation or statement demonstrating its good
faith best efforts at compliance for City Council review prior to the annual Compliance
Review.
12-47
Zoning Agreement Administration Protocol
October 29, 2010
Page: 3
2.6 When there is a difference between the procedures established in this Protocol and
the language of a specific agreement, the agreement shall control. Waiver by the
Operator, in any given year, of a right or procedure contained in the Operator's Zoning
Agreement shall not constitute a permanent waiver of such right or procedure.
3.t) racility Relocation
City staff Is responsible for administering more than one zoning Agreement with Drug and
Alcohol Recovery f=acility operators, and Is also responsible for advising residential care facility
operators who may apply for use permits and reasonable accommodations in the proximity of
other such uses. In order to perform these functions, staff must be aware of the location of such
facilities. For this reason, and to provide Operator with assurance that any new facility location
they are considering is not located in the same block as any other residential care facility,
Operator shall notify the City of planned relocations, and planned facility closures prior to
relocating or opening any new facility. Operator shall make best efforts to notify the City of
facility closures as close to the date of closure as possible.
CONCLUSION
This protocol shall be executed In a fair and reasonable manner calculated to preserve the
residential neighborhoods in which Drug and Alcohol Recovery Facilities are located and to
protect the rights of the disabled to obtain housing and recovery facilities within the community.
• j
Cc:
David Kiff, City Manager
Jim Campbell, Planning Director
rA09-044171- JB & MC from DRH re Z4 Admin Protocol
12-48
Attachment D
Lafayette Offices Matrix
12-49
Zoning Agreement with Sierra by the Sea
- 2805 Villa Way, 2800 Lafayette
- 2020 Compliance Report
Condition Category Specific Requirements
Compliance Review Date
Jomp7aq��� Notes
Zoning Compliance letter
issued by the
Office Use at 2800 Lafayette
Community
Development Director on
March 5, 2013, for the
relocation of the offices.
1. Client check-in
Limited to 7:00 a.m. to 5:00 p.m.
In compliance.
City staff requested and received assurances from SBTS that SBTS
is in com fiance with this requirement.
2. Use of the computer lab
Limited to 9:00 a.m. to 4:00 p.m.
In compliance.
City staff requested and received assurances from SBTS that SBTS
is in compliance with this requirement.
3. Client congregation
Prohibited and clients not permitted to assemble for
City staff requested and received assurances from SBTS that SBTS
transportation
In compliance.
is in compliance with this requirement.
3. Other staff
2 staff may be onsite until 11:00 p.m. to receive calls
In compliance.
City staff requested and received assurances from SBTS that SBTS
is in compliance with this requirement.
Shall be used by employees only and not as a client
City staff requested and received assurances from SBTS that SBTS
4. Upstairs patio
congregation . Smoking is prohibited on the public boardwalk
In compliance.
is in compliance with this requirement.
adjacent to 2800 Lafayette
Parking lot re -striped,
SBTS relocated offices to 2800 Lafayette which includes the parking
2805 Villa Way Parking Lot
Provide 13 spaces used for vehicle parking and storage by
landscaping approved
In compliance.
lot at 2805 Villa Way that provides 13 parking spaces. A site
Sierra staff and transport vans
and Building Permit
inspection completed prior to final of the Building Permit confirmed
issued.
landscaping and parking spaces per permitted plans.
No longer utilizing bike racks or meeting facility.
1. Bike Racks
Bike racks allowed to be maintained behind meeting facility at
In compliance.
2809 Villa Way.
Re -stripe the lot subject to review and approval by the
Final City approval
Parking lot re -striped, landscaping approved and Building Permit
2. Re -stripe lot
Community Development Department
06/12/13.
In compliance.
issued. City staff completed site inspection prior to final of Building
Permit for parking lot re -stripe and new landscaping.
SLBTS (now SBTS) worked with City Urban Forester to upgrade
3. Landscaping
Upgrade existing landscaping subject to review and approval
Final City approval
In compliance.
landscaping which was reviewed and approved with the re -striping o1
by the Community Development Department
06/12/13.
the parking lot. City staff completed site inspection prior to final of
Building Permit for parking lot re -stripe and new landscaping.
Clients riding bikes to facility must use
Written route plan provided by SLBTS 10/26/06; approved by
In compliance.
On 10/21/10, City staff presented SLBTS with 2006 written route
Planning Director -approved route
Planning Division
plan; SBTS confirmed SBTS staff would enforce.
Waste and cigarette disposal containers
Must be provided onsite at facility
In compliance.
City staff requested and received assurances from SBTS that SBTS
is in compliance with this requirement.
Appeal of use permit denial withdrawn
Appeal withdrawal a required condition to Planning Director's
without prejudice
finding that use permit no longer needed
SBTS must apply for use permit for Villa Way lodge/social club
"Any deviation from the foregoing conditions or any additional
Remedy for Violations
uses; City may use general police powers to obtain compliance
assembly at the Sober Living Facility (Sierra by the Sea Facility)
with use permit requirement
would change the category of use." 08/25/06 Planning Director's
letter.
12-50
Attachment E
SLBTS Compliance Reports
12-51
Exhibit G
Sober Living by the Sea
Bi -Annual Compliance Review Report
Date Report Submitted: 9/10/2019
This report covers from June 1, 2019 to December 2019
During this time period Sober Living by the Sea (SLBTS) made good faith efforts to manage or control the
following facilities in Newport Beach in accordance with the operational regulations specified in Exhibit
B of the Zoning Implementation and Public Benefit Agreement:
SLBTS FACILITIES
Property Address Peninsula
Zone
(Y or N)
Treatment Bed Count
ADP
License
(Y or N)
Peninsula Off
Peninsula
4138 Patrice (N)
6
Y
4142 Patrice (N)
6
N
4711 Seashore Y
6
Y
4711 % Seashore Y
1
N
5004 Neptune, unit A Y
6
N
5004 Neptune, unit B Y
6
N
6110 West Ocean Front Y
6
Y
6111 Seashore Y
6
Y
Total Bed Count: 43
Submitted by: Jesse Cole
12-52
Exhibit G
Sierra by the Sea
Bi -Annual Compliance Review Report
Date Report Submitted: 9/2020
This report covers from July 2020 to September 2020
During this time period Sierra by the Sea (SBTS) made good faith efforts to manage or control the
following facilities in Newport Beach in accordance with the operational regulations specified in Exhibit
B of the Zoning Implementation and Public Benefit Agreement:
SLBTS FACILITIES
Property Address Peninsula
Zone
(Y or N)
Treatment Bed Count
ADP
License
(Y or N)
Peninsula Off
Peninsula
4138 Patrice (N)
6
Y
4142 Patrice (N)
6
N
4711 Seashore Y
6
Y
4711 % Seashore Y
1
N
5004 Neptune, unit A Y
6
N
5004 Neptune, unit B Y
6
N
6110 West Ocean Front Y
6
Y
6111 Seashore Y
6
Y
Total Bed Count: 43
Submitted by: Zacchery McKinney
12-53
Attachment F
Code Enforcement Inspection Reports
12-54
Memorandum
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
CODE ENFORCEMENT DIVISION
3300 NEWPORT BOULEVARD, BLDG. E
NEWPORT BEACH, CA 92658-8915
(949) 644-3217
To: File
From: Brian Contino, Acting Code Enforcement Supervisor
Date: October 8, 2020
Re: Sierra by the Sea — Zoning Agreement Compliance Inspection
On October 6, 2020 1 inspected the exterior for all Sierra by the Sea ("SBTS") facilities, all facilities were
clean and no violations found. On October 8, 2020, 1 inspected the following Sierra by the Sea ("SBTS")
facilities: 4138 Patrice Ave, 4142 Patrice Ave, 5004 Neptune Ave, 4711 Seashore Ave, 6111 Seashore
and 6110 Oceanfront. The purpose of the inspections was to verify the accuracy of the bed counts for
the respective facilities as disclosed in the Compliance Review Report ("Report") dated September 8,
2020 and to verify that each facility is in compliance with the operational regulations outlined in Exhibit
B to the Zoning Agreement ("ZX).
SBTS is approved to have 204 client beds (total) within the City, including 156 client beds in the
"Peninsula Zone." The restrictions on the total number of client beds within the City are located in Section
A, Exhibit B to the ZA. According to the Report, there are 64 beds on the Balboa Peninsula and 6 beds
off the Peninsula for a total of 70 beds.
As required by the Zoning Administration Protocol dated October 29, 2010, and Condition No. 14 of the
ZA, SLBTS was notified approximately four hours in advance of the time of the inspection and the
facilities to be inspected.
4138 Patrice Ave
This location is a licensed, Co-ed facility.
Facility Name: Serenity
Director of Nursing: Trimeka Turner
First Floor
Bedroom 1: 2 beds
11Page
12-55
Second Floor
Bedroom 1: 2 bed
Bedroom 2: 2 bed
Bedroom 3: Office
Bedroom 4: Office
Facility Total: 6 beds
Medical Waste:
There is no medical waste generated at this facility.
Secondhand smoke/Cigarettes:
No cigarette butts were observed in the street or around the property. All smoking areas were clearly
marked and had cigarette receptacles. The City has received no complaints regarding secondhand
smoke or discarded cigarettes at this location.
Off -Street Parking:
There are two covered (garage) parking spaces for this property. All spaces were clear and accessible
for parking as required by NBMC section 20.40.030(B).
Trash/Trash Cans:
The exterior of the property was clean and well-maintained. The refuse containers for the facility were
covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A).
Complaints:
There were no complaints filed with the City during this review period.
4142 Patrice Ave
This location is a licensed female only facility.
This location has a total of five bedrooms. The bedroom on the first floor being used for incidental
medical use as required by the State of California for their new license.
First Floor
Bedroom 1: Being used for incidental medical use
Second Floor
Bedroom 1: 2 beds
Bedroom 2: 2 beds
Bedroom 3: 1 bed
Bedroom 4: 1 bed
2 1 P a g e
12-56
Facility Total: 6 Beds
Medical Waste:
There is no medical waste generated at this facility.
Secondhand smoke/Cigarettes:
No cigarette butts were observed in the street or around the property. All smoking areas were clearly
marked and had cigarette receptacles. The City has received no complaints regarding secondhand
smoke or discarded cigarettes at this location.
Off -Street Parking:
There are two covered parking spaces for this property. Both spaces were clear and accessible for
parking as required by NBMC section 20.40.030(8).
Trash/Trash Cans:
The exterior of the property was clean and well-maintained. The refuse containers for the facility were
covered with lids and stored in the side yard in compliance with NBMC section 6.04.150(A).
Complaints:
There were no complaints filed with the City during this review period
5004 Neptune Ave
This location is a licensed, male only facility.
Bed Count:
There is a total of three (3) bedrooms in this unit
Unit 1
Bedroom 1: 3 beds
Bedroom 2: 3 beds
Bedroom 3: Incidental medical use
Facility Total: 6 beds
Unit 2
There is a total of four (4) bedrooms in this unit. One bedroom was being used for incidental medical
use
Bedroom 1: Incidental medical use
Bedroom 2: 2 beds
3 1 P a g e
12-57
Bedroom 3: 2 beds
Bedroom 4: 2 beds
Facility Total: 6 beds
Medical Waste:
There is no medical waste generated at this facility.
Secondhand smoke/Cigarettes:
No cigarette butts were observed in the street or around the property. All smoking areas were clearly
marked and had cigarette receptacles. The City has received no complaints regarding secondhand
smoke or discarded cigarettes at this location.
Off -Street Parking:
There are two covered (garage) parking spaces for this property. Both spaces were clear and
accessible for parking as required by NBMC section 20.40.030(8).
Trash/Trash Cans:
The exterior of the property was clean and well-maintained. The refuse containers for the facility were
covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A).
Complaints:
There were no complaints filed with the City during this review period
4711 Seashore Drive
This location is a licensed, male only facility.
Bed Count:
Unit A
First Floor
Bedroom 1: Office
Second Floor
Bedroom 1: 2 beds
Bedroom 2: 2 beds
Bedroom 3: 2 beds
Facility Total: 6 beds
4 1 P a g e
12-58
Unit B (4711 '/z Seashore Drive)
There were was one bed located in unit B. This unit has two offices on the main floor and one office with
a twin bed in the loft.
Facility Total: 1 bed
Medical Waste:
There is no medical waste generated at this facility.
Secondhand smoke/Cigarettes:
No cigarette butts were observed in the street or around the property. All tenants are required to smoke
in the garage. There are signs posted on the property indicating the garage as the dedicated smoking
area.
Off -Street Parking:
There are three covered (garage) parking spaces for this property. All three spaces were clear and
accessible for parking as required by NBMC section 20.40.030(8).
Trash/Trash Cans:
The exterior of the property was clean and well-maintained. The refuse containers for the facility were
covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A).
Complaints:
There were no complaints filed with the City during this review period.
6111 Seashore Dr
This location is a licensed, female only facility
Bed Count
First Floor
Bedroom 1: Office
Bedroom 2: 2 beds
Second Floor
Bedroom 1: 1 beds
Bedroom 2: 1 bed
Bedroom 3: 2 beds
Facility Total: 6 beds
5 1 P a g e
12-59
Medical Waste:
There is no medical waste generated at this facility.
Secondhand smoke/Cigarettes:
No cigarette butts were observed in the street or around the property. All smoking areas were clearly
marked and had cigarette receptacles. The City has received no complaints regarding secondhand
smoke or discarded cigarettes at this location.
Off -Street Parking:
There are two covered parking spaces for this property. All the parking spaces were clear and accessible
for parking as required by Newport Beach Municipal Code ("NBMC") section 20.40.030(B).
Trash/Trash Cans:
The exterior of the property was clean and well-maintained. The refuse containers for the facility were
covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A).
Complaints:
There were no complaints filed with the City during this review period.
6110 West Ocean Front
This location is a licensed, female only facility
Bed Count
First Floor
Bedroom 1: Office
Second Floor
Bedroom 1: 2 beds
Bedroom 2: Office
Bedroom 3: 4 beds
Facility Total: 6 beds
Medical Waste:
There is no medical waste generated at this facility.
Secondhand smoke/Cigarettes:
6 1 P a g e
12-60
No cigarette butts were observed in the street or around the property. All smoking areas were clearly
marked and had cigarette receptacles. The City has received no complaints regarding secondhand
smoke or discarded cigarettes at this location.
Off -Street Parking:
There are two covered parking spaces for this property. All the parking spaces were clear and accessible
for parking as required by Newport Beach Municipal Code ("NBMC") section 20.40.030(8).
Trash/Trash Cans:
The exterior of the property was clean and well-maintained. The refuse containers for the facility were
covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A).
Complaints:
There were no complaints filed with the City during this review period.
Findinqs
The facilities were clean and free of accumulated trash and rubbish around the property. Refuse
containers were stored in compliance with NBMC section 6.04.150(A). Cigarette butts were not
observed in the street, alley, sidewalks or gutters near the facilities.
At all of its facilities, SBTS has posted a Good Neighbor Policy and a Code of Conduct in a public place
and in each bedroom. These policies establish a code of conduct for residents and staff and require that
clients be respectful of each other and the community. Additionally, the use of inappropriate language,
littering, aggressive behavior, and the improper disposal of cigarette butts is prohibited.
A copy of this report will be forwarded to the Planning Division.
7 1 P a g e
12-61
Attachment G
SLBTS Compliance Matrices: Overall Compliance and Individual Facilities
12-62
12-63
Zoning A.
Overall Operations
2020
ComplaintsCondition
Category
IF
Specific Requirements
Inspection Date and Location
Result
Compliance reports
Enforcement
Client bed limit
No more than 204 beds Citywide, Peninsula no more
Exterior of all facilities inspected 10/06/2020
and Interior of all facilities inspected on
consistently indicate bed
counts under limits
Interior inspections by City staff in October 2020 showed/indicate bed counts
than 156 beds
10/08/2020
citywide and in
consistent with counts reported by SBTS.
Peninsula Zone
Lido Isle limit
No more than 12 beds on Lido Isle
In compliance
SLBTS Lido Isle facilities closed 07/31/10
All facilities located in MFR Except 156
Facilities outside Peninsula Zone located in MFR
In compliance
New facility established September 2013 at 4142 Patrice Rd. outside
beds in Peninsula Zone and Lido Isle
only.
Peninsula Zone. The property is zoned Multi -Unit Residential.
New facilities opened after effective
New facility established September 2013 at 4142 Patrice Rd. The facility is
date - one facility per block, or across
Block is area bounded by four streets, not alleys.
In compliance
located within the same building as the 4138 Patrice Rd facility. No other
bordering street
facilities are located in a separate building within the same block.
Ordinance Effective Date : 05/12/09
Dispersal - disperse to one facility per
Dispersal Date: 11/12/11
black w/in 30 months of effective date of
Exceptions not required to disperse: 112 40th St.
In compliance, final
118 45th St. or 122 45th St. - BOTH CLOSED
ordinance adopting agreement. Four
and 3960-3980 Seashore Dr.; 122 45th St. and 4500-
required dispersal
exceptions under DA may remain Win
4504 Seashore Dr.; 6110 W. Ocean Front and 6111
completed 12/27/10
307 1/2 34th St. or 309 1/2 34th St. - BOTH CLOSED
same block.
W. Ocean Front; 4711 Seashore Dr. and either 4800
Seashore or 4816 Seashore Dr.
4800 Seashore Dr. or 4816 Seashore Dr. - 4816 CLOSED 12/27/10.
No new facility established outside
Peninsula Zone until dispersal
In compliance
Dispersal completed as of 12/27/10.
completed.
Proximity to schools, large day care
No facility within 1,000' of NMUSD elementary school
In compliance
facilities
or large day care facility
Proximity to parks
No facility adjacent to 36th St. tot lot or Marina Park
In compliance
tot lot
Parolees from CA Dept. of Corrections or equivalent
NBPD performed parolee checks 01/28/10,
SLBTS reports no parolees at any SLBTS address.
Parolees and government referrals
prohibited. Government referrals prohibited. Other
04/29/10, 07/29/10, 09/30/10, 10/21/10 &
In compliance
NBPD reports no parolees at any SLBTS facility as of 02/01/11. Effective
parolee/probationers - 1 per dwelling unit allowed
02/01/11
February 2011, NBPD requests that SBTS (formerly SLBTS) be asked to
supply this information only for criminal law enforcement purposes.
Disposed of in accordance with law and best
Interior inspections 10/08/2020. SBTS states
SBTS management has instructed all staff at all facilities with proper
Medical waste disposal
practices
no medical waste generated at any of its
In compliance
procedures and preferred disposal method.
facilities.
Other waste disposal
Comply with NBMC trash enclosure provisions
Inspected all facilities on 10/06/2020 and
In compliance
10/08/2020
Good faith effort to prevent smoke affecting
Secondhand smoke
neighboring properties; direct clients not to litter with
Inspected interior of all facilites on 10/08/2020
In compliance
tobacco products or violate smoking prohibitions
Off-street parking
Comply with NBMC requirements for off-street
Inspected interior of all facilites on 10/08/2020
In compliance
parking
Required staffing
24-hour hotline for complaints
In compliance
24 -Hour Complaint Hotline - (800) 647-0042
Quiet hours, all residents inside:
Quiet hours
Sun - Thurs: 10 p.m. - 7 a.m.;
In compliance
No complaints received.
Fri - Sat: 11 p.m. - 7 a.m.
Client transport routes
Routes submitted to City, good faith efforts to adhere
In compliance
required
Deliveries
During permitted times for deliveries in residential
In compliance
No delivery complaints received
area per NBMC.
Clients per bedroom
2 clients per bedroom unless size of structure
Inspected interior of all facilites on 10/08/2020
In compliance
All facilities inspected had 2 or fewer client beds per bedroom.
warrants more for any single bedroom
Re -location of offices to 2800 Lafayette Ave. provides the minimum 13 off -
2811 Villa Way meeting facility
Comply with terms of 08/25/06 Directors Letter
Closed
street parking spaces for SBTS vehicles and found compliant with Zoning
Agreement. Meeting facilities are no longer utilized at 2809 or 2811 Villa
Way.
12-63
Reporting Frequency I Semi annual review by December 31 and June 30 1 Compliance reports submitted I In compliance
Remedies for Violations I Specific performance, general police powers
12-64
Condition Category
Specific Requirement D:ate Result
Complaints to .�
„
deEnforcement
Lo
Facility address: 5004 Neptune A&B (6 client beds
Interior - 10/08/200
None.
in A 6 client beds in B)
Exterior - 10/06/2020
Except 156 beds in Peninsula Zone and Lido Island,
Facilities outside Peninsula Zone
This facility located in
all facilities located in MFR
located in MFR onl .
Peninsula Zone.
New facilities opened after effective date - one facility
Block is area bounded by four
Sole facility on block.
per block or across bordering street
streets not alleys.
Ordinance Effective Date: 05/12/09
118 45th St. or 122 45th St. - BOTH CLOSED
Dispersal Date: 11/12/11
307 1/2 34th St. or 309 1/2 34th St - BOTH CLOSED
Dispersal - disperse to one facility per block Win 30
Exceptions not required to
months of effective date of ordinance adapting
disperse: 112 40 th St. and 3960-
Sole facility on block - no
4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27/10
agreement. Four exceptions under DA may remain
3980 Seashore; 122 45th St. and
dispersal required.
w/in same block.
4500-4504 Seashore; 6110 Ocean
Front and 6111 Ocean Front; 4711
Seashore and either 4800
Seashore or 4816 Seashore
No new facility established outside Peninsula Zone
In compliance. Dispersal
until dispersal completed.
of final location complete
12/27/10.
No facility within 1,000'ofNMUSD
Proximity to schools, large day care facilities
elementary school or large day
In compliance.
care facility
Proximity to parks
No facility adjacent to 36th St. tot
In compliance.
lot or Marina Park tot lot
Parolees from CA Dept. of
SLBTS reports parolees at any SLBTS address.
Corrections or equivalent
NBPD performed parolee
NBPD reports no parolees any SLBTS facility
o
Parolees and government referrals
prohibited, government referrals
checks 01/28/10, 04/29/10,
In compliance.
by be asked
02/01/11. Effective Feb. 2011 1, NBPD requests they
prohibited. Other
07/29/10, 09/30/10,
to supply this information for criminal law enforcement
parolee/probationers - 1 per
10/21/10 & 02/01/11
purposes only.
dwellinq unit allowed
Medical waste disposal
Disposed of in accordance with law
10/08/2020
No complaints received.
SBTS management has instructed all staff at all facilities of
and best practices
proper procedures and preferred disposal method.
Other waste disposal
Comply with NBMC trash
Interior - 10/08/2020
In compliance.
enclosure provisions
Exterior - 10/06/2020
Good faith effort to prevent smoke
affecting neighboring properties;
Interior - 10/08/2020
No complaints received,
Secondhand smoke
direct clients not to litter with
Exterior - 10/06/2020
no smoke or related litter
tobacco products or violate
observed
smoking prohibitions
Off-street parking
Comply with NBMC requirements
10/08/2020
In compliance. No
for off-street parking
complaints received
Required staffnq
24-hour hotline for complaints
In compliance.
Hotline - (800) 647-0042
Quiet hours, all residents inside:
No noise complaints
Quiet hours
Sun - Thurs: 10 PM - 7 AM;
received.
Fri - Sat: 11 PM - 7 AM
Client transport routes
Routes submitted to City, good
No transport route
faith efforts to adhere required
complaints received
Deliveries
During customary times for
No delivery complaints
deliveries in residential area
received.
2 clients per bedroom unless size
2 clients per bedrooms or
Clients per bedroom
of structure warrants more for any
10/08/2020
fewer.
Consistent with provisions of ZA.
sinqle bedroom
Reporting Frequency
Semi annually; by December 31
Compliance report
In compliance.
and June 30
submitted 09/08/2020
12-65
12-66
ZoningSBTS Agreement - 2020 Annual
Compliance - Individual Facilities
k—conclition Category
Specific Requirements Insp.10W
ComplaintsNBPD or
Result EnforcementNotes
Facility address: 4711 and 4711 1/2 Seashore, (6
Interior - 10/08/2020
client beds at 4711, 2 client beds at 4711 1/2
Exterior - 10/06/2020
None
This facility OPEN as of 10/1/10.
since 9/1/10.
Except 156 beds in Peninsula Zone and Lido
Facilities outside Peninsula Zone
This facility located in
Island, all facilities located in MFR
located in MFR only.
Peninsula Zone
New facilities opened after effective date - one
Block is area bounded by four
facility per block or across bordering street
streets not alleys.
Ordinance Effective Date :
118 45th St. or 122 45th St. - BOTH CLOSED
05/12/09
Dispersal Date: 11/12/11
307 1/2 34th St. or 309 1/2 34th St - BOTH CLOSED
Dispersal -disperse to one facility per block WinExceptions
not required to
30 months of effective date of ordinance adopting
disperse: 112 40 th St. and 3960-
Exception under ZA - no
4800 Seashore or 4816 Seashore - 4816 CLOSED
agreement. Four exceptions under DA may remain
3980 Seashore; 122 45th and
dispersal required
12/27/10
Win same block.
4500-4504 Seashore; 61111 0
Oceanfront and 6111 Ocean
Front; 4711 Seashore and either
4800 Seashore or 4816
Seashore
No new facility established outside Peninsula Zone
In compliance. Dispersal of
until dispersal completed.
final location complete
12/27/10.
No facility within 1,000' of
Proximity to schools, large day care facilities
NMUSD elementary school or
In compliance.
large day care facility
Proximity to parks
No facility adjacent to 36th St. tot
In compliance.
lot or Marina Park tot lot
Parolees from CA Dept. of
SLBTS reports no parolees at any SLBTS address.
Corrections or equivalent
NBPD performed parolee checks
NBPD reports no parolees at any SLBTS facility as of
Parolees and government referrals
prohibited, government referrals
01/28/10, 04/29/10, 07/29/10,
In compliance.
02/01/11. Effective Feb. 2011, NBPD requests they be
prohibited. Other
09/30/10, 10/21/10 & 02/01/11.
asked to supply this information for criminal law
parolee/probationers - 1 per
enforcement purposes only.
dwelling unit allowed
Medical waste disposal
Disposed of in accordance with
10/08/2020
No complaints received.
SBTS management has instructed all staff at all facilities of
law and best practices
proper procedures and preferred disposal method.
Other waste disposal
Comply with NBMC trash
Interior - 10/08/2020
In compliance.
Refuse containers were covered with lids and stored in the
enclosure provisions
Exterior - 10/06/2020
side yard in compliance with NBMC section 6.04.150(A).
installedcigarette receptacles at all tacilities and nave
Good faith effort to prevent
designated areas for smoking. In response to complaints
smoke affecting neighboring
received, an Action Plan has been created to found under
Secondhand smoke
properties; direct clients not to
Interior - 10/08/2020
In compliance.
#4 in Attachment A: A. SBTS management to educate all
litter with tobacco products or
Exterior - 10/06/2020
clients and staff on the smoking policy moved to garage
violate smoking prohibitions
only; and B. Implement smoking policy and repercussions
for non -adherence. First verbal warning given in response
4n nmm�l�inT Aln'th— r --
Off-street parking
Comply with NBMC requirements
10/08/2020
In compliance with action
for off-street parking
taken to address complaint.
Required staffing
24-hour hotline for complaints
In compliance.
Hotline - (800) 647-0042
Quiet hours, all residents inside:
Quiet hours
Sun - Thurs: 10 PM - 7 AM;
No noise complaints received.
Fri - Sat: 11 PM - 7 AM
Routes submitted to Cit y, good
No transport route complaints
Client transport routes
faith efforts to adhere required
received specific to this
facility.
Deliveries
During customary times for
No delivery complaints
deliveries in residential area
received.
2 clients per bedroom unless
Clients per bedroom
size of structure warrants more
10/08/2020
2 per bedroom or less.
for any single bedroom
Reporting Frequency
Semi annually; by December 31
Compliance reports submitted
In compliance.
and June 30
09/08/2020
12-66
Condition Category
SBTS Zoning
Specific Requirements
Agreement - 2020 Annual
Inspection Date
Compliance - Individual Facilities
Result Complaints to NBPD or Code
Enforcement
Notes
Facility address: 6110 W. Ocean Front (6 client beds)
Interior - 10/08/2020
Exterior- 10/06/2020
None
This facility OPEN as of 10/1/10
Except 156 beds in Peninsula Zone and Lido Island, all
Facilities outside Peninsula Zone
This facility located in Peninsula
facilities located in MFR
located in MFR only.
Zone.
New facilities opened after effective date - one facility per
Block is area bounded by four
block, or across bordering street
streets, not alleys.
Ordinance Effective Date : 05/12/09
118 45th St. or 122 45th St. - BOTH CLOSED
Dispersal Date: 11/12/11
Exceptions not required to disperse:
307 1/2 34th St. or 309 1/2 34th St - BOTH CLOSED
Dispersal -disperse to one facility per block w/in 30
112 40th St. and 3960-3980
8
months of effective date of ordinance adopting
Seashore; 122 45th St. and 00-
Se504
Exception under ZA - no dispersal
4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27/10
agreement. Four exceptions under DA may remain w/in
4 6110 Oceanfront and
required.
same block.
6111 Ocean Front; 4711 Seashore
and either 4800 Seashore or 4816
Seashore
No new facility established outside Peninsula Zone until
In compliance. Dispersal of final
dispersal completed.
location complete 12/27/10.
No facility within 1,000' of NMUSD
Proximity to schools, large day care facilities
elementary school or large day care
In compliance.
facility
Proximity to parks
No facility adjacent to 36th St. tot lot
In compliance.
or Marina Park tot lot
Parolees from CA Dept. of
Corrections or equivalent prohibited,
NBPD performed parolee checks
SLBTS reports no parolees at any SLBTS address.
Parolees and government referrals
government referrals prohibited.
01/28/10, 04/29/10, 07/29/10,
In compliance.
NBPD reports no parolees at any SLBTS facility as of 02/01/11. Effective
Other parolee/probationers - 1 per
09/30/10, 10/21/10 & 02/01/11.
Feb. 2011, NBPD requests they be asked to supply this information for
dwelling unit allowed
criminal law enforcement purposes only.
Medical waste disposal
Disposed of in accordance with law
10/08/2020
In compliance. No complaints
received. Per medical
SBTS management has instructed all staff at all facilities of proper
and best practices
by
waste generatedted by this facility.
procedures and preferred disposal method.
Other waste disposal
Comply with NBMC trash enclosure
Interior - 10/08/2020
In compliance. No complaints
Refuse containers were covered with lids and stored in the side yard in
provisions
Exterior - 10/06/2020
received.
compliance with NBMC section 6.04.150(A).
Good faith effort to prevent smoke
Secondhand smoke
affecting neighboring properties;
direct clients not to litter with tobacco
Interior - 10/08/2020
No complaints received, no smoke
Installed cigarette receptacles at all facilities and have designated areas for
products or violate smoking
Exterior - 10/06/2020
or related litter observed
smoking.
prohibitions
Off-street parking
Comply with NBMC requirements for
10/08/2020
In compliance. No complaints
off-street parking
received specific to this facility.
Required staffing
24-hour hotline for complaints
In compliance.
Hotline - (800) 647-0042
Quiet hours, all residents inside: Sun
Quiet hours
- Thurs: 10 PM - 7 AM;
No noise complaints received.
Fri - Sat: 11 PM - 7 AM
Client transport routes
Routes submitted to City, good faith
No transport route complaints
efforts to adhere required
received specific to this facility.
Deliveries
During customary times for deliveries
No delivery complaints received.
in residential area
2 clients per bedroom unless size of
Clients per bedroom
structure warrants more for any
10/08/2020
2 beds per bedroom or less.
single bedroom
Reporting Frequency
Semi annually; by December 31 and
Compliance reports submitted
In compliance.
June 30
09/08/2020
12-67
SBTS Zoning Agreemeni- 2020
Annual Compliance - Individual
Facilities
Specific Requirements Inspection Date
0 MTUItM
Complaints to NBPD or Code
Enforcement
Notes
Facility address: 6111 Seashore (6 client beds)
Interior - 10/08/2020
Exterior- 10/06/2020
None
This facility OPEN as of 10/01/10
Except 156 beds in Peninsula Zone and Lido Island,
Facilities outside Peninsula Zone
This facility located in Peninsula
all facilities located in MFR
located in MFR only.
Zone.
New facilities opened after effective date - one
Block is area bounded by four
facility per block, or across bordering street
streets, not alleys.
Ordinance Effective Date
05/12/09
Dispersal Date: 11/12/11
118 45th St. or 122 45th St. - BOTH CLOSED
Dispersal - disperse to one facility per block Win 30
Exceptions not required to
307 1/2 34th St. or 309 1/2 34th St -BOTH CLOSED
months of effective date of ordinance adopting
disperse: 112 40 th St. and 3960-
Exception under ZA - no dispersal
agreement. Four exceptions under DA may remain
3980 Seashore; 122 45th St. and
required.
4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27/10
Win same block.
4500-4504 Seashore; 6110
Oceanfront and 6111 Ocean
Front; 4711 Seashore and either
4800 Seashore or 4816 Seashore
No new facility established outside Peninsula Zone
In compliance. Dispersal of final
until dispersal completed.
location complete 12/27/10.
No facility within 1,000' of NMUSD
Proximity to schools, large day care facilities
elementary school or large day
In compliance.
care facility
Proximity to parks
No facility adjacent to 36th St. tot
In compliance.
lot or Marina Park tot lot
Parolees from CA Dept. of
Corrections or equivalent
NBPD parolee checks9110,
SLBTS reports no parolees at any SLBTS address.
Parolees and government referrals
prohibited, government referrals
, 04/22 07/29110,
01/281/1010, 04
In compliance.
NBPD reports no parolees at any SLBTS facility as of 02/01/11.
prohibited. Other
09/30/10, 10/21/10 and 02/01/11.
Effective Feb. 2011, NBPD requests they be asked to supply this
parolee/probationers - 1 per
information for criminal law enforcement purposes only.
dwelling unit allowed
Medical waste disposal
Disposed of in accordance with
10/08/2020
No complaints received. Per
SBTS, no medical waste
SBTS management has instructed all staff at all facilities of proper
law and best practices
generated at this facility.
procedures and preferred disposal method.
Other waste disposal
Comply with NBMC trash
Interior - 10/08/2020
In compliance.
The refuse containers were covered with lids and stored in the
enclosure provisions
Exterior - 10/06/2020
garage in compliance with NBMC section 6.04.150(A).
Good faith effort to prevent smoke
Secondhand smoke
affecting neighboring properties;
direct clients not to litter with
Interior - 09/24/19
No complaints received, no
Installed cigarette receptacles at all facilities and have designated
tobacco products or violate
Exterior - 09/23/19
smoke or related litter observed.
areas for smoking.
smoking prohibitions
Off-street parking
Comply with NBMC requirements
10/08/2020
In compliance. No complaints
for off-street parking
received specific to this facility.
Required staffing
24-hour hotline for complaints
In compliance.
Hotline - (800) 647-0042
Quiet hours, all residents inside:
Quiet hours
Sun - Thurs: 10 PM - 7 AM;
No noise complaints received.
Fri - Sat: 11 PM - 7 AM
Client transport routes
Routes submitted to City, good
No transport route complaints
faith efforts to adhere required
received specific to this facility.
Deliveries
During customary times for
No delivery complaints received.
deliveries in residential area
2 clients per bedroom unless size
Clients per bedroom
of structure warrants more for any
10/08/2020
2 beds per bedroom or less.
single bedroom
Reporting Frequency
Semi annually; by December 31 and
Compliance report submitted
In compliance.
June 30
09/08/2020
12-68
12-69
SBTS Zoning
Agreement - 2020 Annual
Compliance - Individual
Facilities
C
Specific Requirements
Inspection Date
Complaints or
Code Enforcement
Notes
02/25/2020 - Disturbance;
Interior - 10/08/2020
03/11/2020 - Disturbance;
Facility address: 4138 Patrice (6 client beds)
Exterior - 10/06/2020
04/07/2020 - Domestic
This facility OPEN as of 10/1/10 (opened 8/1/10).
disturbance; 04/24/2020 -
Disturbance
Except 156 beds in Peninsula Zone and Lido Isle, all
Facilities outside Peninsula Zone
This facility located outside
Facility outside Peninsula Zone.
facilities located in MFR
located in MFR only.
Peninsula Zone, in MFR.
New facility established September 2013 at 4142 Patrice Road. The
New facilities opened after effective date - one
Block is area bounded by four
facility is located within the same building as the 4138 Patrice Rd
facility per block, or across bordering street
streets, not alleys.
Sole building on block.
facility. No other facilities are located in a separate building within
the same block.
Ordinance Effective Date:
118 45th St. or 122 45th St. - BOTH CLOSED
05/12/09
Dispersal Date: 11/12/11
307 1/2 34th St. or 309 1/2 34th St - BOTH CLOSED
Dispersal - disperse to one facility per block Win 30
Exceptions not required to
months of effective date of ordinance adopting
disperse: 112 40th St. and 3960-
Final dispersal on or before
4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27/10
agreement. Four exceptions under DA may remain
3980 Seashore; 122 45th St. and
12/30/10.
Win same block.
4500-4504 Seashore; 6110 W.
Ocean Front and 6111 W. Ocean
Front; 4711 Seashore and either
4800 Seashore or 4816 Seashore
No new facility established outside Peninsula Zone
In compliance. Dispersal of final
until dispersal completed.
location complete 12/27/10.
No facility within 1,000' of NMUSD
Proximity to schools, large day care facilities
elementary school or large day
In compliance.
care facility
Proximity to parks
No facility adjacent to 36th St. tot
In compliance.
lot or Marina Park tot lot
Parolees from CA Dept. of
Corrections or equivalent
NBPD performed parolee checks
SLBTS reports no parolees at any SLBTS address.
Parolees and government referrals
prohibited, government referrals
01/28/10, 04/29/10, 07/29/10,
In compliance.
NBPD reports no parolees at any SLBTS facility as of 02/01/11.
prohibited. Other
09/30/10, 10/21/10 & 02/01/11.
Effective Feb. 2011, NBPD requests they be asked to supply this
parolee/probationers - 1 per
information for criminal law enforcement purposes only.
dwelling unit allowed
Medical waste disposal
Disposed of in accordance with
10/08/2020
No complaints received. Per
SBTS, there is no medical waste
SETS management has instructed all staff at all facilities of proper
law and best practices
generated at this facility.
procedures and preferred disposal method.
Other waste disposal
Comply with NBMC trash
Interior - 10/08/2020
Incompliance.
Refuse containers for the facility were covered with lids and stored in
enclosure provisions
Exterior - 10/06/2020
compliance with NBMC section 6.04.150(A).
Good faith effort to prevent smoke
affecting neighboring properties;
Interior - 10/08/2020
No complaints received, no
Installed cigarette receptacles at all facilities and have designated
Secondhand smoke
direct clients not to litter with
Exterior - 10/06/2020
smoke or related litter observed
areas for smoking.
tobacco products or violate
smoking prohibitions
Off-street parking
Comply with NBMC requirements
10/08/2020
In compliance. No complaints
for off-street parking
received specific to this facility.
Required staffing
24-hour hotline for complaints
In compliance.
Hotline - (800) 647-0042
Quiet hours, all residents inside:
Quiet hours
Sun - Thurs: 10 p.m. - 7 a.m.;
No noise complaints received.
Fri - Sat: 11 p.m. - 7 a.m.
Client transport routes
Routes submitted to City, good
No transport route complaints
faith efforts to adhere required
received specific to this facility.
Deliveries
During customary times for
No delivery complaints received.
deliveries in residential area
2 clients per bedroom unless size
Clients per bedroom
of structure warrants more for any
10/08/2020
2 beds per bedroom or less.
single bedroom
Reporting Frequency
Semi annually; by December 31
Compliance report submitted
In compliance.
and June 30
09/08/2020
12-69
12-70
SBTS Zoning
Agreement - 20 Annual
Compliance - Individual
Facilities
Specific Requirements
Inspection Date
Result
Complaints or
Code Enforcement
Notes
Facility address: 4142 Patrice (6 client beds)
Interior- 10/08/2020
None
Exterior - 10/06/2020
This facility OPEN as of 10/01/10 (opened 8/01/10)
Except 156 beds in Peninsula Zone and Lido Isle, all
Facilities outside Peninsula Zone
This facility located outside
Facility outside Peninsula Zone.
facilities located in MFR
located in MFR only.
Peninsula Zone, in MFR.
New facility established September 2013 at 4142 Patrice Road. The
New facilities opened after effective date - one
Block is area bounded by four
facility is located within the same building as the 4138 Patrice Rd
facility per block, or across bordering street
streets, not alleys.
Sole building on block.
facility. No other facilities are located in a separate building within
the same block.
Ordinance Effective Date : 5/12/09
118 45th St. or 122 45th St. - BOTH CLOSED
Dispersal Date: 11/12/11
307 1/2 34th St. or 309 1/2 34th St - BOTH CLOSED
Dispersal -disperse to one facility per block w/in 30
Exceptions not required to
months of effective date of ordinance adopting
disperse: 112 40th St. and 3960-
Seashore; 122 45th and
Final dispersal on or before
4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27/10
agreement. Four exceptions under DA may remain
4500-4504 Seashore; 611100 W.
450
12/30/10.
w/in same block.
Ocean Front and 6111 W. Ocean
Front; 4711 Seashore and either
4800 Seashore or 4816 Seashore
No new facility established outside Peninsula Zone
In compliance. Dispersal of final
until dispersal completed.
location com tete 12/27/10.
No facility within 1,000' of NMUSD
Proximity to schools, large day care facilities
elementary school or large day
In compliance
care facility
Proximity to parks
No facility adjacent to 36th St. tot
In compliance
lot or Marina Park tot lot
Parolees from CA Dept. of
Corrections or equivalent
NBPD performed parolee checks
SLBTS reports no parolees at any SLBTS address.
Parolees and government referrals
prohibited, government referrals
01/28/10, 04/29/10, 0
011. ,
Incompliance
NBPD reports no parolees at any SLBTS facility as of 02/01/11.
prohibited. Other
09130/10, 10121/10 & 02210/01/
1/
Effective Feb. 2011, NBPD requests they be asked to supply this
parolee/probationers - 1 per
information for criminal law enforcement purposes only.
dwelling unit allowed
Medical waste disposal
Disposed of in accordance with
10/08/2020
No complaints received. Per
SBTS, there is no medical waste
SBTS management has instructed all staff at all facilities of proper
law and best practices
generated at this facility.
procedures and preferred disposal method.
Other waste disposal
Comply with NBMC trash
Interior - 10/08/2020
Incompliance.
Refuse containers for the facility were covered with lids and stored in
enclosure provisions
Exterior - 10/06/2020
compliance with NBMC section 6.04.150(A).
Good faith effort to prevent smoke
Secondhand smoke
affecting neighboring properties;
direct clients not to litter with
Interior - 10/08/2020
No complaints received, no
Installed cigarette receptacles at all facilities and have designated
tobacco products or violate
Exterior - 10/06/2020
smoke or related litter observed.
areas for smoking.
smoking prohibitions
Off-street parking
Comply with NBMC requirements
10/08/2020
In compliance. No complaints
for off-street parking
received specific to this facility.
Required staffing
24-hour hotline for complaints
In compliance.
Hotline - (800) 647-0042
Quiet hours, all residents inside:
Quiet hours
Sun - Thurs: 10 p.m. - 7 a.m.;
No noise complaints received.
Fri - Sat: 11 p.m. - 7 a.m.
Client transport routes
Routes submitted to City, good
No transport route complaints
faith efforts to adhere required
received specific to this facility.
Deliveries
During customary times for
No delivery complaints received.
deliveries in residential area
2 clients per bedroom unless size
Clients per bedroom
of structure warrants more for any
10/08/2020
2 beds per bedroom or less.
single bedroom
Reporting Frequency
Semi annually; by December 31
1 Compliance report submitted
In compliance.
and June 30
09/08/2020
12-70
Attachment H
Map of SLBTS Facilities: Open and Closed
September 2020
12-71
A
TTY
I
NEWPORT
D SHORES
V
Sober Living By the Sea Facilities
0
SLBTS_September 2020
C 11
LIDO
0 PENINSULA
DD
®Do
D ,oD
Dom,
NEWPORT
PIER
Sig[
D �0,
D°O LINDA
ISLE
HARBOR
ISLAND
LIDO BAY
ISLE ISLAND
L
4DDodo ooDD
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ISL
12-72
Attachment I
Map of SLBTS Facilities — Open and
Closed as of September 2020
12-73
SIERRA BY THE SEA
Inventory of Client Beds as of September 2020
Street
No.
Unit
Street
Beds
May
`08
Beds
Dec.
109
Beds
June
110
Beds
June
`11
Beds
Sept.
`12
Beds
Sept.
`13
Beds
Sept.
`14
Beds
Sept.
115
Beds
Sept.
`16
Beds
Sept.
`17
Beds
Sept.
18'
Beds
Sept.
19'
Beds
Sept.
20'
6
4
4
400
"'awes
6
4
4
402
Via -Antibes ;tibes
6
4
4
605
291k-�.
6
6
6
6
6
6
6*
446
A
34�h-St
6
446
B
341h -St,
6
307
Y4
341h -St,
6
309
j/2
341'
6
42-5
391'
6
42-5
74
391'
6
44-2
A
401'
0
2
442
B
401h -St,
6
6
6
6
6
426
A
441'
5
5
426
B
441'
4
4
434
A
4V4St-.
6
434
B
43ld4St,
6
443
A
461'
6
4
44-9
B
451'4S -t-.
6
2-
42-2
432
A
461'
6
4
432
B
461'
6
6
433
A
451'4S -t-.
6
433
B
461'
6
5004
A
Neptune St.
6
6
6
6
6
6
6
6
6
6
6
6
6
5004
B
Neptune St.
6
6
6
6
6
6
6
6
6
6
6
6
6
5404
APi-ve.
A v e.
6
4
5404
B
6
6
6
6
6
6
62t
3960
Seashore Dr.
6
4
4
39W
Seashore Dr.
6
6
6
6
6
6
4500
Seashore Dr.
6
4
4
4
4584
Seashore Dr,
6
6
6
6
4711
Seashore Dr.
6
6
6
6
6
6
6
6
6
6
6
6
6
12-74
Street
No. Unit Street
Beds Beds
May Dec.
108 109
Beds
June
110
Beds Beds Beds
June Sept. Sept.
`11 `12 `13
Beds Beds
Sept. Sept.
`14 115
Beds Beds
Sept. Sept.
`16 `17
Beds
Sept.
18'
Beds
Sept.
19'
Beds
Sept.
20'
4711'/2 Seashore Dr.
2 2 2
2 2
2 1
1
1
1
4899 A Seashore DF;
6 4
4
4 6 6
4890 $ Seashore DF
6 6
6
5 5 ra
rte*
4846 A Seashore Dr,
6 4
4
4846 $ Seashore Dr,
6 6
6
6111 Seashore Dr.
6 6
6
6 6 6
6 6
6 6
6
6
6
6110 W. Ocean
Front
6 6
6
6 6 6
6 6
6 6
6
6
6
4138 Patrice Rd.
6 6 6
6 6
6 6
6
6
6
4142 Patrice Rd.
6 6
6 6
6
6
6
—442 A&B 3W'st,
40
40�
TOTAL CLIENT BEDS &
Number of Dwelling Units
(DU's):
204 122
34 25
DU's DU's
100
22 DU's
90 75 70
17 14 13
DU's DU's DU's
44 44
8 DU's 8
DU's
44 43
8 DU's 8 DU's
43
8 DU's
43
8 DU's
43
8 DU's
(*closed March 2013)
12-75