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HomeMy WebLinkAbout09-30-2011_1.0_StepHouse Recovery, Inc._PA2011-117CITY OF NEWPORT BEACH HEARING OFFICER STAFF REPORT September 30, 2011 Agenda Item 1 TO: Judge John C. Woolley, Hearing Officer SUBJECT: StepHouse Recovery, Inc. (PA2011-117) 2927 Paper Lane • Reasonable Accommodation No. 2011-001 APPLICANT: StepHouse Recovery, Inc. George J. Vilagut, President Matthew Harrison, Chief Operating Officer PLANNER: Janet Johnson Brown, Associate Planner (949) 644-3236, jbrown@newportbeachca.gov PROJECT SUMMARY A reasonable accommodation application requesting relief from the requirements of Section 20.18.020 (Residential Zoning Districts Land Uses and Permit Requirements) of the Newport Beach Municipal Code. The applicant requests that the City allow the continued operation of an existing unlicensed residential care facility for up to six persons in recovery from alcohol and/or drug addiction and one resident supervisor. The facility is located in the R-1-6000 District, where such uses are not permitted. RECOMMENDATION Staff recommends the Hearing Officer conduct a public hearing, receive testimony from the applicant, the City of Newport Beach and its legal counsel, and members of the public. At the conclusion of the public hearing, staff recommends the Hearing Officer: 1. Deny the request for Reasonable Accommodation No. 2011-001 based on the findings discussed in this report; and 2. Direct staff to prepare a Resolution of Denial with Conditions for Reasonable Accommodation No. 2011-001 for adoption by the Hearing Officer. Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 2 INTRODUCTION Project Setting: The subject property is located in the northwestern portion of the City near the intersection of Irvine Avenue and Mesa Drive, in an established residential neighborhood referred to as the Anniversary Tract. The neighborhood is comprised of owner-occupied and rental properties consisting of one and two-story single family dwellings. Other uses in the surrounding area include the Upper Newport Bay Nature Preserve at the southeast corner of Irvine Avenue and University Drive, and the YMCA directly abutting the tract to the south at 2300 University Drive. The Back Bay Center, a commercial retail center, is located at the southwest corner of Irvine Avenue and Mesa Drive in the City of Costa Mesa. To the northeast of the Anniversary Tract is the Newport Beach Golf Course. The site is zoned R-1-6000 (Single-Unit Residential, with a minimum lot area of 6,000 square feet required per dwelling unit), and is developed with a one-story single family dwelling with a detached two-car garage. The surrounding properties in the neighborhood are also zoned R-1-6000. AREA MAP City Boundary Back Bay Center, Costa Mesa Newport Beach Golf Course Upper Newport Bay Nature Preserve YMCA Subject Property Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 3 Description of Operations: The property is owned by the Daniel S. Henry Sr. Living Trust, and is rented by George J. Vilagut on an annual basis. The term of the current rental agreement expires on April 30, 2012. Mr. Vilagut is the president and chief financial officer of StepHouse Recovery, Inc. (StepHouse). StepHouse operates two similar facilities in the City of Costa Mesa; one for females only and the other for males only. StepHouse is a residential care facility which provides an extended care sober living environment for adults in recovery from alcohol and/or drug abuse. The dwelling consists of four bedrooms, and accommodates housing for up to six adult males and one resident house manager. The facility was established at this location in April 2010 without the required approvals or permits from the City. Individual clients reside at the facility under separate written agreements with the operator, and are expected to abide by policies, rules and regulations of StepHouse (Attachment A). Under the rules and regulations, clients are expected to abstain from alcohol and drugs, and may be subject to random drug screenings, breathalyzer and/ or room searches. Clients are expected to be active in their recovery, involved in a 12- step program of their choice, and attend and participate in a weekly house meeting. Clients are also expected to maintain and clean their rooms and the dwelling, and complete assigned chores. As a condition for being a client at StepHouse, clients are expected to be gainfully employed, actively seeking work, in treatment, attending school, or engaged in other similar activities which enhance their future. Staffing Application documents indicate the facility has one live-in resident supervisor to provide constant supervision on a one-to-six ratio. Client Stays StepHouse provides an extended care and transitional sober living environment to persons in recovery from alcoholism and substance abuse after completing a substance abuse treatment program or a detoxification program1. Typical client stays are from six- to-twelve months. Curfew and Quiet Hours Curfew hours for clients are 10:00 p.m. Sunday through Thursday, and 12:00 a.m. on Friday and Saturday. Quiet hours are maintained between 10:00 p.m. to 8:00 a.m., which includes television use. 1 The substance abuse treatment or detoxification programs are provided at an off-site location in another city, not at the subject property. Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 4 Treatment No treatment services are provided on-site. Clients attend 12-step meetings at various locations in Newport Beach and elsewhere. Parking and Transportation Clients are permitted to have personal vehicles while residing at the facility. The site provides a two-car garage and at least two additional parking spaces are available in front of the dwelling in the driveway. The applicant reports that while clients are allowed to have personal vehicles, no clients currently have a vehicle. Instead, client transportation needs are provided for with a company van which is parked in the driveway. Deliveries Residents are responsible for their own groceries and supplies. No deliveries by outside vendors or service providers are made to the facility. Medical Waste Medical waste is disposed in a manner compliant with NBMC Section 6.04.120. Any urinalysis devices used at the facility are kept separate from household refuse, and transported to a treatment facility in another city that receives and disposes of them. BACKGROUND In response to a complaint submitted in April 2011, the Code Enforcement Division confirmed though an inspection that the subject property was being used as a sober living facility for six or fewer residents. Sober living facilities with six or fewer residents are classified as “Residential Care Facilities, Limited (6 or fewer) Unlicensed” uses. Such uses are not a permitted use in the R-1-6000 Zoning District, and the facility is subject to abatement by the City. On April 28, 2011, Code Enforcement Supervisor Matt Cosylion sent a letter to the property owner and the facility operator, stating that use of the property as a sober living facility is a violation of the Newport Beach Municipal Code (NBMC). (Attachment B) In order to correct the violation, the property owner and facility operator were directed to cease using the property as a sober living facility or apply for a reasonable accommodation requesting an exemption from the NBMC within 30 days. While researching the StepHouse website for information regarding the facility, staff discovered the following description: “The StepHouse Recovery Inc, is a licensed; insured; extended care; and transitional sober living environment” (see Attachment C). This statement is incorrect in that StepHouse is not and has never been licensed by the State of California Department of Drug and Alcohol Programs (ADP). Advertising as a Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 5 licensed facility is a violation Section 11834.30 of the California Health and Safety Code and the California Code of Regulations (CCR), Title 9, Chapter 5, Section 10505 (b). On May 24, 2011, City staff met with the operators of StepHouse to review submittal requirements and answer questions. During this meeting, staff asked the applicant about the description provided on the website advertising StepHouse as a “licensed” facility. The applicant claimed they were unaware of this description, and that the word was mistakenly added by the person who prepared the website. Later in the day, staff received an email from the applicant, stating the information had been corrected (see Attachment D). During the meeting, the applicant also stated they were unaware of any City regulations or requirements regarding the establishment a sober living facility for six or fewer individuals in the City outside of the Balboa Peninsula and West Newport areas. On May 27, 2011, StepHouse submitted its application package. On June 20, 2011, City staff sent a letter to StepHouse requesting additional information in order to complete the analysis of the request for reasonable accommodation. Please see Attachment E for a copy of the original submittal package and all subsequent communication and information to and from the applicant. On July 7, 2011, City staff again met with the applicant, who submitted copies of the rental agreement between StepHouse and the property owner of 2927 Paper Lane, as well as redacted copies of the rental agreements between StepHouse and its clients (see Attachments F and G). The five rental agreements are for six-month or one-year terms which will expire or have expired on May 15, 2011, June 4, 2012, September 7, 2011, April 1, 2012, and June 4, 2012. On August 31, 2011, the applicant informed the City that the individual whose rental agreement expired on May 31, 2011, has since accepted employment as a “houseparent” with StepHouse. The client whose rental agreement expired on September 7, 2011, renewed his agreement with StepHouse on a month-to-month basis. The City also issued a notice of Conditional Abatement to StepHouse on July 13, 2011 (Attachment H). The July 13, 2011, notice informed StepHouse that the City will refrain from instituting abatement proceedings until the expiration of the lease between StepHouse and the property owner of 2927 Paper Lane (April 30, 2012), which would allow StepHouse to fulfill its obligations to its existing clients. The conditional abatement would apply only if the reasonable accommodation is denied. If the requested accommodation is denied, the Hearing Officer may adjust the abatement date to allow the current StepHouse residents to complete their intended length of stay in the facility. DISCUSSION The federal Fair Housing Amendments Act (FHAA), adopted in 1988, prohibits housing discrimination based on a resident’s disability. Under the FHAA, it is discriminatory for Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 6 government entities to refuse to make reasonable accommodations from rules, policies, and practices when such accommodations may be necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling (42 U.S.C. § 3604(f)(3)(B)). The Ninth Circuit has repeatedly emphasized this requirement, stating that under the FHAA, “unlawful discrimination includes refusal to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling. We have repeatedly interpreted this language as imposing an affirmative duty on landlords and public agencies to reasonably accommodate the needs of disabled individuals.” McGary v. City of Portland (9th Cir. 2004) 386 F.3d 1259, 1261 (italics added). Cases interpreting the FHAA have held that a government agency’s affirmative duty to grant a requested accommodation arises when the following three conditions are met: (1) the request is made by or on behalf of a disabled individual or individuals, (2) the accommodation is necessary to afford the disabled applicant an equal opportunity to use and enjoy a dwelling, and (3) the request is reasonable. McKivitz v. Township of Stowe (W.D.PA 2010) 769 F.Supp.2d 803, 824. Analysis The applicant requests an exemption from the requirements of NBMC Section 20.18.020. This section of the NBMC contains Table 2-1, which indicates the uses allowed in each residential zoning district and the permit required to establish the use, if any, and also indicates prohibited land uses. StepHouse is an unlicensed residential care facility which provides a sober living environment for up to six individuals in recovery from alcohol and/or drug addiction, and includes an on-site resident supervisor. This land use is defined as a “Residential Care Facilities, Limited (6 or fewer) Unlicensed2” use. Pursuant to Table 2-1 of NBMC Section 20.18.020, “Residential Care Facilities, Limited (6 or fewer) Unlicensed” are permitted in the RM and RMD (Multiple Residential, and Multiple Residential Detached) Zoning Districts only, subject to approval of a conditional use permit issued by a Hearing Officer. The StepHouse facility is located in an R-1- 6000 Zoning District, where such uses are prohibited. Essentially, the applicant has requested an exception from the requirements that “Residential Care Facilities, Limited (6 or fewer) Unlicensed” may be located only in the RM and RMD Zoning Districts with approval of a conditional use permit, and the requirement that such uses are prohibited in the R-1-6000 Zoning District. 2 “Residential Care Facilities, Limited Unlicensed (6 or fewer persons)” is defined as: A place, site or building, or groups of places, sites or buildings, which is not licensed by the State of California and is not required by law to be licensed by the State, in which 6 or fewer individuals with a disability reside who are not living together as a single housekeeping unit and in which every person residing in the facility (excluding persons employed as facility staff) is an individual with a disability. Does not include “Group Residential.” Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 7 Ordinance No. 2008-5, adopted by City Council in January 2008 (see Appendix A for a brief description of the ordinance), codified the procedures for requesting, reviewing and granting, conditionally granting, or denying all requests for reasonable accommodation in the City of Newport Beach. The Hearing Officer is designated to approve, conditionally approve, or deny all applications for reasonable accommodation. The ordinance also establishes the required findings that must be made to grant approval, and factors the Hearing Officer may consider when making those findings. Pursuant to Section 20.52.070 (D.2) of the NBMC, the written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval. This section of the NBMC also provides that in making these findings, the review authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant. Findings Related to Necessity of Accommodation (Findings No. 1 and 2): 1. Required Finding: That the requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the Fair Housing Laws. This finding can be made. The applicant submitted a statement signed under penalty of perjury that every resident of the facility is in recovery from alcohol and/or drug addiction. Federal regulations and case law have defined recovery from alcoholism and drug addiction as a disability because it is a physical or mental condition that substantially impairs one or more major daily life activities. U.S. v. Southern Management (4th Cir. 1992) 955 F.2d 914. 2. Required Finding: That the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. This finding can be made. Consistent with court decisions, the City requires applicants for reasonable accommodation to demonstrate the necessity of the accommodation request by showing disabled residents will receive a therapeutic benefit that directly ameliorates an effect of their handicap at the requested population levels and/or location (also referred to as “affirmatively enhancing the quality of life” of a disabled individual or individuals). It is the applicant’s burden to demonstrate that the requested accommodation is necessary. “The ‘necessary’ element requires the demonstration of a direct linkage between the proposed accommodation and the ‘equal opportunity’ to be provided to the handicapped person.” Lapid-Laurel, LLC v. Zoning Bd. of Adjustment of the Township of Scotch Plains (3rd Cir. 2002) 284 F.3d 442, 460 Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 8 A. Applicant’s Statements in Favor of a Finding of Necessity The exemption requested by StepHouse is tailored to allow facility residents to enjoy the housing type of their choice in a single-family residential district. The applicant requests to continue to provide housing for up to six disabled individuals and one staff member in a four-bedroom dwelling. In its application package, the applicant states: “As individuals in recovery from alcoholism and substance abuse, through mutual support, present and future residents of StepHouse Recovery seek to live in a family type environment which would provide them with compassionate and therapeutic support during their recovery program. They are hopeful individuals learning abstention from the temptations of alcohol and drugs. The residents are individuals who cannot live solely without the fear or threat of relapse into active alcoholism and substance abuse. The requested accommodation is necessary to provide an opportunity for the disabled residents of StepHouse Recovery Inc. to live in an environment which provides the individual a chance for recovery and gives them sufficient time for personal psychological progress while avoiding alcohol and other substances. Without the recovery atmosphere, the individual residents of StepHouse Recovery would not be able to live in a therapeutic environment that would be in a residential area, let alone a single-family, residential area…..” “…..The requested accommodation is necessary to achieve an opportunity for the disabled residents of StepHouse Recovery to live in a setting which is self-paced recovery option and gives them sufficient time for personal and psychological growth while avoiding the use of alcohol and other substances. This is a non-institutional residential environment which the residents willing subject themselves to written rules and conditions, including the prohibition of alcohol and drug use, intended to encourage and sustain their recovery.….” And: “…..StepHouse Recovery pledges not overcrowd the dwelling or interfere with the neighborhood as our residents re-integrate into society. The small size of the dwelling couple [sic] with a cul-de-sac environment enhances the therapeutic benefit and value of the residents of the dwelling. There is no known licensed or unlicensed residential care facilities in the area that we have observed with a small population located at a similarly significant distance from all other residential care facilities. StepHouse Recovery’s request for only six resident clients plus on [sic] supervisory staff in a four bedroom dwelling further reduces the likelihood that the neighborhood institutionalization or facility overcrowding will interfere with its residents’ re- integration and recovery. StepHouse Recovery pledges to provide well-kept housing and reliable services (rent and bills paid) with moderately upscale features in the dwelling. A resident manager resides on-site to ensure that the resident clients comply with the house rules.” Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 9 B. Staff’s Analysis of Whether Applicant’s Statements Demonstrate Necessity The statements provided by StepHouse are consistent with court opinions that found living in a single-family residential neighborhood with other persons in recovery from alcohol and drugs directly ameliorated an effect caused by the recovering alcoholic or addict’s particular disability. In Oxford House v. Town of Babylon (E.D.N.Y. 1993) 819 F.Supp. 1179, the court stated: Plaintiffs have demonstrated that as recovering alcoholics and drug addicts, they must live in a residential neighborhood because [the sober living home] “seeks to provide a stable, affordable, and drug-free living situation so as to increase the likelihood that a person will stay sober.” . . .. In Township of Cherry Hill, the court held that the location of the houses in a drug-free, single family neighborhood played a crucial role in an individual's recovery by “promoting self-esteem, helping to create an incentive not to relapse, and avoiding the temptations that the presence of drug trafficking can create.”. . .”This Court finds that reasoning persuasive.” 819 F.Supp. at 1185. citing Oxford House, Inc. v. Township of Cherry Hill (D.N.J. 1992) 799 F.Supp. 450. (citations omitted) In Oxford House v. City of Edmonds (9th Cir. 1994) 18 F.3d 802, the court considered whether a zoning ordinance that prohibited more than five unrelated recovering alcohol and drug addicts from living in single-family residential zones, while permitting such uses without restriction in multi-family and commercial zones, was exempt from the occupancy restriction exemption of the FHAA, and found that it was not. In the course of the decision, the Court of Appeals appeared to note with favor that the home “stands in a residential neighborhood away from commercial zones, liquor stores, and illicit drug activity to minimize the likelihood of a relapse by a resident.” 18 F.3d at 803, 807. Courts have also emphasized the therapeutic benefit of living in a single-family residential neighborhood to other categories of disabled individuals, and the necessity of granting groups of disabled individuals the ability to reside in single-family residential neighborhoods. Examples include: • Smith & Lee Associates, Inc. v. City of Taylor, Mich. (6th Cir. 1996) 102 F.3d 781: “As we noted in the first appeal, elderly disabled citizens have a right to live in Taylor's single-family neighborhoods. . . [T]o avail themselves of this right, Taylor's elderly disabled need an accommodation” 102 F.3d at 795. • Lapid-Laurel, LLC v. Zoning Bd. Of Adjustment of the Township of Scotch Plains (3rd Cir. 2002) 284 F.3d 442: The court expressly noted its agreement with the Smith & Lee Associates court’s statement that the elderly disabled had a right to live in single-family residential zones. “The ‘equal opportunity’ that Lapid seeks to provide Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 10 here is the opportunity for handicapped persons to live in a single-family residential neighborhood. . . . With respect to the use variance, it is clear that Lapid demonstrated that a use variance was necessary to achieve an equal opportunity for the elderly handicapped to live in a residential area of Scotch Plains.” 284 F.3d at 460. Staff does not question the need for residential care facilities, nor the fact that persons with a disability must have the opportunity to use and enjoy a dwelling. The facility currently provides housing to residents who could be denied housing if abatement proceeds while they are still in residence at the facility. Granting an accommodation to allow all current residents to complete their intended stay is necessary to allow these residents an equal opportunity to use and enjoy their current dwelling. Staff has also analyzed whether granting a reasonable accommodation to allow this facility to remain in its current location is necessary to allow potential future disabled residents to use enjoy the housing type of their choice. (Please see the analysis provided in “Factors for consideration – necessity” below.) Without the accommodation, potential future residents seeking to integrate into a sober lifestyle by living in a small sober living environment in a single-family neighborhood and surrounded entirely by single housekeeping units would be deprived of an opportunity to live in this type of dwelling situation. There are no sober living facilities currently authorized by the City providing housing for not more than six persons in a neighborhood designated for single-family detached dwellings Staff is aware of several other facilities in the City which provide a sober living environment for 6 or fewer persons in duplex structures located in the R-2 Zoning District, and many other facilities that provide housing for up to 12 individuals in duplex structures in R-2 Zoning Districts. However, the applicant has submitted information that indicates prospective residents of the facility would receive a specific therapeutic benefit from a facility for six or fewer persons in a single family dwelling in an R-1 Zoning District, versus a facility for six or fewer persons in a single unit of a duplex in an R-2 Zoning District. Specifically, StepHouse stated in its application that “[t]he small size of the dwelling, coupled with a cul-de-sac environment enhances the therapeutic benefit and value of the residents of the dwelling.” If there were other sober living facilities in single-family residential zones authorized by the City at the time of this hearing (see Attachment I for table of all “City-Authorized Recovery Facilities” as of May 2011), staff might find that the number of sober living beds available in other previously authorized facilities provide ample alternatives to offer potential StepHouse residents with an opportunity to enter the housing type of their choice. The recent termination of the City’s development agreement with another sober living facility operator, however, has eliminated authorization of one facility in an R-1 Zoning District, and another facility located in a single-unit attached dwelling within a Planned Community (PC) Zoning District. Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 11 Factors of consideration - necessity: NBMC Section 20.52.079 (D.3) provides that the Hearing officer may consider, but is not limited to, the following factors in determining whether the requested accommodation is the minimum necessary to provide the disabled individual an equal opportunity to use and enjoy a dwelling: Necessity Factor A. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. If the accommodation is granted, the applicant’s current and potential future clients would be able to live in a single-family dwelling in an R-1-6000 Zoning District with other individuals in recovery from addiction. This is a situation that could affirmatively enhance the quality of life of a person in recovery from addiction, unless overcrowding of the facility or institutionalization of the neighborhood interferes with the residents’ reintegration into society. In this case, the dwelling is surrounded on all sides by single housekeeping units within single-family dwellings. This facility appears to be the only residential care facility of any description on this street or any adjacent streets in the Anniversary Tract. The nearest City-authorized or properly3 licensed residential care facility in the City is located in a duplex building at 492 and 492 ½ Orange Avenue, approximately 4 miles away. However, that facility is located in an R-2 Zoning District, and is approved to provide housing for up to 12 persons in each dwelling unit. Staff is aware of just one other authorized residential care facility located in a neighborhood designated for single-family detached dwellings. That facility is located approximately 6.25 miles away at 49 Montecito Drive in Corona del Mar, and is licensed by ADP to provide 24-hour residential nonmedical alcohol and/or drug recovery, treatment, and detoxification services for six or fewer adult women. Necessity Factor B. Whether the individual(s) with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. If the requested accommodation were denied, abatement proceedings could commence against the facility upon the expiration of the rental agreement on April 30, 2012, pursuant to the notice of Conditional Abatement issued to StepHouse on July 13, 2011. The Hearing Officer may adjust the abatement 3 The ADP website lists Yellowstone Women’s First Step House, Inc. as the holder of licenses for residential alcohol and drug recovery treatment facilities at 1621 Indus Street (Yellowstone “South House”) and 20172 Redlands (Yellowstone “Newport House”). These facilities are located approximately 1 mile away in the Santa Ana Heights Specific Plan District #7, and designated for Residential Single Family (RSF) uses. However, these licenses were issued by ADP in error based on improperly submitted fire clearance granted and subsequently rescinded by the Orange County Fire Authority. Repeal of the licenses issued to Yellowstone by ADP is pending. Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 12 date to allow the current StepHouse residents to complete their intended length of stay in the facility. Any potential future clients of this facility could be denied the opportunity to live in a single-family dwelling with a population of six or fewer individuals in recovery from addiction in a single family residential neighborhood. As stated above, staff is aware of just one other residential care facility located in a neighborhood designated for single-family detached dwellings. This facility is licensed by ADP to provide 24-hour residential nonmedical alcohol and/or drug recovery, treatment, and detoxification services for six or fewer women, and therefore is not appropriate for the male population of this StepHouse facility. However, staff is aware of several other facilities in the City which provide a sober living self-paced environment for six or fewer persons in a single unit of a duplex structure located in the R-2 Zoning District. Necessity Factor C. In the case of a residential care facility, whether the requested accommodation is necessary to make the facility, or facilities of a similar nature or operation economically viable in light of the relevant market and market participants. The applicant does not state why an exemption from the Residential Zoning District Land Uses and Permit Requirements is necessary to make its facility economically viable in light of the relevant market and market participants. The applicant does state that the facility provides well-kept housing with reliable services (rent and bills paid) with moderately upscale features, and that the dwelling will operate in a manner that is consistent and compatible with adjoining and surrounding properties. A resident manager resides on-site to ensure that resident clients comply with the house rules. Necessity Factor D. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. In May 2011, City staff estimated there are approximately 359 authorized residential care facility client beds in the City (these numbers are exclusive of the up to 213 ADP-licensed treatment beds), although the actual number of occupied beds is likely to be less than 359 client beds. (See Attachment I “City-Authorized Recovery Facilities in Newport Beach.”) With the recent termination of the City’s development agreement with Morningside Recovery, LLC, the number of authorized sober living client beds has been reduced by 36. Operators of many residential care facilities within the City have reported decreased census and vacant beds, which could provide potential StepHouse clients with an equal opportunity to live in a sober living environment without granting the accommodation. However, none of those facilities are located in a single-family home in an R-1 Zoning District. Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 13 Findings Related to Reasonableness of Request (Findings No. 3 and 4): Even if the applicant provides housing for the disabled, and even if the requested accommodation is necessary, the City is not required to grant a request for accommodation that is not reasonable. Cities may find an accommodation request unreasonable if granting the request: (1) would impose undue financial or administrative burdens on the City, or (2) result in a fundamental alteration in the nature of a City program (sometimes described as undermining “the basic purpose which the requirement seeks to achieve”). U.S. v. Village of Marshall (W.D. Wisc. 1991) 787 F.Supp. 872, 878-879. 3. Required Finding: That the requested accommodation will not impose an undue financial or administrative burden on the City as ”undue financial or administrative burden” is defined in Fair Housing Laws and interpretive case law. This finding can be made. The applicant states the residents are not transient, and has reported that the typical length of stay is six months, up to one year or longer. Allowing the facility to remain at its current location so long as it is necessary to provide disabled individuals with an equal opportunity to use and enjoy a dwelling would not impose an undue financial or administrative burden on the City. 4. Required Finding: That the requested accommodation will not result in a fundamental alteration in the nature of a City program, as “fundamental alteration” is defined in Fair Housing Laws and interpretive case law. This finding cannot be made. Staff has found that authorizing the continued use by an operator who established a facility illegally would undermine a basic purpose of the City’s General Plan and Zoning Code. Policy LU 6.2.7 of the City of Newport Beach General Plan requires the City to regulate day care and residential care facilities to the maximum extent allowed by federal and state law to minimize impacts on residential neighborhoods. The City adopted Ordinance No. 2008-5 in order to implement General Plan Policy LU 6.2.7. The Zoning Code is the primary tool utilized to carry out the goals, objectives, and policies of the General Plan. Section 20.10.020 of the Zoning Code sets forth the basic purpose of the Zoning Code, which is intended to “promote the orderly development of the City; promote and protect the public health, safety, peace, comfort, and general welfare; protect the character, social, and economic vitality of neighborhoods; and to ensure the beneficial development of the City.” To implement the stated purposes of the General Plan and Zoning Code, Ordinance No. 2008-5 placed regulations on all groups not living either as single housekeeping units or in a residential care facility classified as “Residential Care Facilities, Limited Licensed.” Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 14 These regulations are in place to ensure that the fundamental purposes of the Zoning Code can be achieved, and so that adverse secondary impacts that residential care facilities may have on the surrounding neighborhood can be mitigated. The Zoning Code requires that: • Unlicensed residential care facilities may not operate in any residential district without approval of a conditional use permit. • An express purpose of requiring operational standards for conditional use permits in residential zones is to ensure that conditional uses are operated in a manner consistent with federal, state and local law; and • A required finding to grant approval of a conditional use permit in a residential zoning district is that the operator does not have a demonstrated pattern or practice of operating similar uses in violation of federal, state or local law. To support the General Plan’s purpose of minimizing impacts of residential care facilities on residential neighborhoods, the Zoning Code regulates such facilities to the maximum extent permitted by law, even when granting reasonable accommodations. Waiving operational standards provided by a conditional use permit, which were adopted by the City Council to provide the maximum protection required by the General Plan, would undermine a basic purpose of the General Plan and the Zoning Code. In the case of StepHouse, the operator has demonstrated a practice of operating a facility in violation of state and local laws. The required use permit finding that the operator has not demonstrated a practice of operating facilities in violation of state and local law could not be made. In the past, a number of residential care facilities have been granted a reasonable accommodation with conditions of approval to operate in a zoning district other than RM or RMD because the Hearing Officer found that permitting the use did not undermine a basic purpose of the Zoning Code or General Plan. The reasonable accommodation was granted in part because the applicants met all the required findings and operational standards required by the NBMC to receive approval of a conditional use permit in a residential zoning district. With the potential negative secondary effects addressed by operational conditions of the reasonable accommodation, and concerns about the impacts created by operators who operated facilities in violation of federal, state or local law addressed by a record without violations, the Hearing Officer found the basic purpose of the conditional use permit requirement was achieved and the purposes of the General Plan and Zoning Code not undermined. In addition to staff’s analysis of the relevant basic purposes of the General Plan and Zoning Code, staff analyzed the basic purposes of the Conditional Use Permit requirements in residential zones, as follows: Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 15 A. Zoning District and Use Permit Considerations 1. Purpose of R-1 Zoning District: Pursuant to Section 20.18.010 of the Zoning Code, the specific purpose of the R-1 (Single-Unit Residential) Zoning District is intended to “provide for areas appropriate for a range of detached single-family residential dwelling units; each located on a single legal lot, and does not include condominiums or cooperative housing.” Because of the moderately small resident population of this four-bedroom facility (up to six persons and one resident supervisor), the density of the use appears to be consistent with the density that would be produced by other occupants of single-family residential dwelling units. Therefore, granting the requested accommodation would not undermine one basic purpose R-1 zoning was put in place to achieve. Dwellings in all residential zoning districts, including R-1, are intended to house only one single housekeeping unit per dwelling. Over many years of enforcing the City’s prohibition on illegal dwelling units, City staff has noted that when more than one single housekeeping unit resides in a single dwelling unit, secondary effects such as increased density, noise, refuse generation, and traffic can result. R-1 neighborhoods developed to house only one single housekeeping unit per parcel are not intended to absorb the impact of more than one single housekeeping unit. However, impacts on surrounding uses can sometimes be mitigated with operational conditions and requirements similar to those that would be applied through a use permit. 2. Purpose of Conditional Use Permits in Residential Zones: Section 20.18.020 of the Zoning Code establishes the uses that are allowed within each zoning district and the permits required to establish the use, if any, in compliance with Part 5 of the Zoning Code (Planning Permit Procedures). Pursuant to Section 20.18.030, unlicensed residential care facilities are not permitted in the R-1-6000 Zoning District, and are only permitted in the RM or RMD Zoning District subject to approval of a conditional use permit issued by a hearing officer. Conditional use permits are required for use classifications typically having operating characteristics requiring special consideration so that they may be located and operated compatibly with uses on adjoining properties and in the surrounding area. Section 20.53.030 of the Zoning Code sets forth the purposes of requiring conditional use permits in residential districts. The first stated purpose is: “….to promote the public health, safety, and welfare and to implement the goals and policies of the General Plan by ensuring that conditional uses in residential neighborhoods do not change the character of such neighborhoods as primarily residential communities.” Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 16 The second purpose is: “….to protect and implement the recovery and residential integration of the disabled, including those receiving treatment and counseling in connection with dependency recovery. In doing so, the City seeks to avoid the overconcentration of residential care facilities so that such facilities are reasonably dispersed throughout the community and are not congregated or over-concentrated in any particular area so as to institutionalize that area.” B. Staff’s Analysis of Whether the Basic Purpose of a Conditional Use Permit is Undermined by Granting the Requested Accommodation When analyzing whether allowing a residential care facility to operate without the operational standards associated with a conditional use permit undermines a basic purpose the use permit requirement was put in place to achieve, staff first considers whether the facility meets the standards required to receive a conditional use permit. These standards were codified to ensure that residential care facilities would be well managed, not overcrowded, and operated in a manner consistent with federal, state and local laws, and to ensure that operators do not have a pattern or practice of operating similar uses in violation of federal, state or local law. If the standards can be met, the Hearing Officer may find that the purpose of the conditional use permit requirement would not be undermined by granting the requested accommodation. (See Attachment J for a copy of the development and operational standards, and required findings to grant a conditional use permit in a residential zoning district.) As discussed in the analysis below, staff found that most of the required findings to grant a conditional use permit could have been made for the StepHouse facility, if it were located in a zone that permitted such facilities with approval of a conditional use permit. However, staff is of the opinion that one finding required for approval and issuance of a conditional use permit cannot be made. As noted previously in this report, StepHouse established the facility in April 2010 without first applying for and receiving a reasonable accommodation from the City. This is a violation of Section 20.18.030 of the NBMC, which prohibits “Residential Care Facilities, Limited Unlicensed” uses in the R-1-6000 Residential Zoning District. Furthermore, StepHouse entered into rental agreements with two clients on May 15, 2010, and June 4, 2010, after receiving the April 28, 2011, notification from Code Enforcement advising of the violation. Staff also discovered that StepHouse had been advertising itself as a “licensed” facility on its website, which is a violation of state law. Staff is of the opinion that given the violations of the NBMC and state law, allowing StepHouse to continue operating at its current location would undermine one of the basic purposes and operational standards the Conditional Use Permit requirement was put in place to achieve. Specifically, the use does not conform to the operational standards established by Section 20.52.030(G.2.c), as follows: Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 17 “The names of all persons and entities with an ownership or leasehold interest in the use, or who will participate in operation of the use, shall be disclosed in writing to the City, and these persons and entities shall not have a demonstrated pattern or practice of operating similar facilities in or out of the City of Newport Beach in violation of federal, State or local law.” This operational standard is required for use permits “to ensure that conditional uses in residential zoning districts are operating in a manner that is consistent with federal, state, and local law . . .” (NBMC § 20.52.03.G.2.) When reviewing an application for a conditional use permit in a residential district, the Hearing Officer may approve or conditionally approve a conditional use permit only if all of the required findings can be made. This includes the findings that: (1) the proposed use is consistent with the General Plan, (2) the use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and Municipal Code, and (3) the use would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The General Plan requires that residential care facilities be regulated to the maximum extent allowed by state and federal law. Staff is of the opinion that overlooking the violations of local and state law by StepHouse, and waiving the conditional use permit operational standards related to those violations is not consistent with the provisions of the General Plan. The establishment of “Residential Care Facility, Small Unlicensed” uses in residential zoning districts where such uses are not permitted without first applying for and receiving a reasonable accommodation would be detrimental to the harmonious and orderly growth of the City. Staff’s analysis of the remainder of the operational standards and required findings for conditional use permits in residential zones indicated that, with the exception of possible generation of traffic somewhat in excess of surrounding residential uses, the required findings for a conditional use permit could have been made. Factors of Consideration – fundamental alteration/reasonableness: Pursuant to Section 20.52.079 (D.4) of the NBMC, the Hearing Officer may also consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of a City program: Factor A. Whether the requested accommodation would fundamentally alter the character of the neighborhood. Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 18 The City has received numerous letters, emails and phone calls from the neighbors reporting negative secondary impacts on the neighborhood since the StepHouse facility has established in the neighborhood (Attachment K). The impacts reported include: inhabitants of StepHouse and its guests speeding up and down the streets in cars, increased traffic, excessive use of on-street parking of facility residents and/or guests, persons loitering in the front yard of the facility and in the neighborhood, and vandalism in neighborhood. However, as of publication of this report, the City’s Code Enforcement Division has been unable to confirm and substantiate that the StepHouse facility is the cause of these impacts. It should be noted for the record that the Newport Beach Police Department has reported a call for service on September 18, 2011, which resulted in the arrest a suspect for criminal threats to a resident of StepHouse. The suspect was a former resident, and when he returned to StepHouse he was told to leave since he was not longer a resident, at which point he became enraged and made threats of bodily harm. Factor B. Whether the accommodation would result in a substantial increase in traffic or insufficient parking. Parking - The site plan provided by the applicant indicates there is a two-car garage and two driveway parking spaces that would allow for the parking of staff and resident client vehicles without impacting the neighborhood. Traffic and Generated Trips – The Institute of Transportation Engineers (ITE) establishes and publishes standards for trip generation rates based on the use classification of a site. In the case of a single family dwelling, the standard trip rate is based on 9.57 average daily trips per dwelling. Trips rates for residential care facilities are based on 2.74 average daily trips per each occupied bed. Based on these standards, a 6-bed residential care facility is estimated to generate approximately 16.44 average daily trips. Applying this formula, the facility will generate average daily trips in excess of the surrounding single family dwellings. Factor C. Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s General Plan or an applicable specific plan. General Plan Policy LU 6.2.7 requires the City to regulate day care and residential care facilities to the maximum extent allowed by federal and state law to minimize impacts on residential neighborhoods. The City adopted Ordinance No. 2008-5 in order to implement General Plan Policy LU 6.2.7. Under the conditions described in the Finding 4 analysis above, staff believes granting the Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 19 requested accommodation would substantially undermine an express purpose of the General Plan. Factor D. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. There are no other documented facilities similar in nature or operation to the subject facility within this block or any of the immediately adjacent blocks. Thus, the granting of the reasonable accommodation with a condition of approval limiting the maximum occupancy of the facility to six residents and one full-time staff member would not create an institutionalized environment. 5. Finding: The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. This finding can be made. A request for reasonable accommodation may be denied if granting it would pose “a direct threat to the health or safety of other individuals or result in substantial physical damage to the property of others.” See 42 U.S.C. § 3604(f)(9). This is a very limited exception and can only be used when, based on the specific facts of a situation, a requested accommodation results in a significant and particularized threat. Federal cases interpreting this exception in the FHAA indicate that requested accommodations cannot be denied due to generalized fears of the risks posed by disabled persons. In this case, there are no facts that suggest granting the request accommodation would result in a significant and particularized threat. SUMMARY: Staff has considered whether the violations of state and local law, which the applicant states were unknowing, preclude the Hearing Officer from making all findings required to grant the requested accommodation. Staff has concluded that the all required findings cannot be made due to the violations of state and local laws, and thus staff is unable to recommend approval of the reasonable accommodation. This conclusion was reached in part because staff has advised applicants of other reasonable accommodation requests that the illegal establishment of their facility prevented staff from making all findings required to grant the requested accommodations. For purposes of consistency and to avoid disparate treatment of applicants, staff must draw the same conclusion in this case. The Hearing Officer, however, is the ultimate finder of fact in this administrative hearing. He may consider the applicant’s testimony at the hearing, as well as the testimony of other members of the public, and determine whether under the circumstances of this case, the applicant’s two known violations of state and local law prevent the Hearing Officer from making all required findings to grant the requested accommodation. Reasonable Accommodation No. 2011-001 StepHouse Recovery, Inc. September 30, 2011 Page 20 CONCLUSION: Staff is of the opinion that each of the findings required to grant approval of a reasonable accommodation to StepHouse cannot be made based on the information and attachments provided in this report. For this reason, staff recommends that the Hearing Officer: 1. Deny the request for Reasonable Accommodation No. 2011-001; and 2. Direct staff to prepare a Resolution of Denial with Conditions for Reasonable Accommodation No. 2011-001. Such conditions could allow StepHouse to continue operating in this location until the expiration of the lease between StepHouse and the property owner, which would allow StepHouse to fulfill its obligation to its existing clients. Operational conditions could also be imposed on StepHouse in order to mitigate adverse secondary impacts from occurring in the neighborhood. (See Attachment K for a sample of operational conditions applied at similar facilities in the past.) ENVIRONMENTAL REVIEW: This activity has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). This class of projects has been determined not to have a significant effect on the environment and is exempt from the provisions of CEQA. This activity is also covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment and therefore it is not subject to CEQA. 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. Reasonable Accommodation No.2011-001 StepHouse Recovery.Inc. September 30.2011 Page 21 Prepared and Respectfully Submitted by: Attachments:Appendix A A:StepHouse Recovery.Inc.Rules and Regulations B:Letter from Code Enforcement to StepHouse dated April 28.2011 C:Copy of Websrte Page from StepHouse D.Email from StepHouse dated May 24,2011 E.StepHouse Submittal Package and Subsequent Communication F.Rental Agreement between StepHouse and Property Owner G.StepHouse Client Rental Agreements H.Notice of Conditional Abatement to Step House dated July 13,2011 I.City-Authorized Recovery Facilities.as of May 2011 J.NBMC Sections 20.52.030.G and 20.52.030.H K.Copies of All Communications Received re:StepHouse K.Sample Operational Conditions APPENDIX A STEPHOUSE RECOVERY,INC. Reasonable Accommodation No.2011-001 Ordinance No.2008-5 In response to a rapidly increasing number of Group Residential Uses within the City and the negative secondary impacts these uses potentially can have on residential neighborhoods in which they are located,the City Council adopted Ordinance No.2008- 5 in January 2008.The ordinance identifies the following adverse impacts that typically accompany this type of use: •Changes in the residential character of the neighborhood •Noise •Secondhand smoke •Profanity and lewd speech •Traffic congestion •Excessive trash produced •Excessive debris on surrounding sidewalks Ordinance No.2008-5 is intended to protect the integrity of the City's residential areas. The fundamental precept of the City's Zoning Code relative to residential zones is that individual dwelling units are intended for the occupancy and use of single housekeeping units.Among other things,this ordinance amended the City's laws regulating unlicensed residential care facilities,and licensed residential care facilities with more than six residents.Under the Zoning Code,new licensed residential care facilities with more than six residents,and all unlicensed residential care facilities,may be located in residential districts zoned RM (Multiple Residential)or RMD (Multiple Residential Detached)upon approval and issuance of a Conditional Use Permit.With the exception of licensed residential care facilities with six or fewer residents (which may locate in any residential zone),residential care facilities are not permitted in the R-A,R-1,R-B1 or R- 2 Residential Zoning Districts unless a requested exception to this restriction is found to be reasonable,and the applicant demonstrates that the exception is necessary to afford disabled individuals an equal opportunity to use and enjoy a dwelling. Hearing Officer Attachment A StepHouse Recovery,Inc.Rules and Regulations Our mission is to be the premier pr,,,ider ofsober living housing by providing an alcohol-and drug-Il'ee residence in a clean,safe and supportive environment.Our residents will be adult alcoholics and addicts who arc motivated to continue their 1\:YOYCry.committed to sta:ying soher.;111<1 a,!olXCC to remain actin:,ill their recover:,'program, Prospective Residents I.Qualifications -To be considered for admittauee,prospective residents shall possess the following:a desire to stay sober.ability to get along with others,agree to abide by all house rules.a \villingness to work their program,and the abilit,to meet l1nancial requirements. 2.Screening -All prospective residents shall pass an interview with at least one Stephouse Recovery Inc.coordinator.Photo identification must be available. Verification offinancial responsibility may be rcquired.lfapplieant does not meet requirements for admission,they will be referred to the Stephouse Recovery Inc. Network referral number at 800-799-2084. 3.Application form - A copy ofthe new resident application form must be completed in its entirety.The Stephouse Recover)'Inc.reserves the right to contact and/or veriJY any reference provided on the application form.A copy ofthe completed and signed application form,the signed Guest agreement,criminal history verification form,and a copy ofthe resident's photo identification shall be placed in the resident's file. The Stephouse Recovery Inc.accepts individuals with drug and/or alcohol dependencies who are clean and sober.at least 18 years ofage,not a danger to themselves or to others and who are ambulatory and can take care ofthemselves.Prospective clients must be involved in a 12-step program oftheir choice and be active in their recovery. The Stephouse Recovery Inc.will not deny membership to anyone on the basis ofrace,ethnic background,national origin,creed,religious affiliation,marital status or sexual orientation. The Stephouse guests are required to maintain their admission requirements throughout their stay and submit to random testing and adhere to The Stephouse rules. HECElVIJD J3Y PLANNJNG DEI'ARTM.ENT MtW 2'1 2011 CITY OF NEWPORT BEACH The Stephouse Recovery Inc. 2927 Paper Lane Newport Beach,CA 92660 (714)394-3494 •(714)528-7858 \I'ww.Stephouserecovery.eom 5/27/2011 ALCOHOL AJ\D DR1JG-FREE RESIDENT AGREE1vIEl\T The undersigned acknowledges and understands that he is living in an alcohol and other drug-free shared housing.mannged by the residents h,"ing t()gelhcr as a fmnily ofperSOilS \yith disabilities.The undersigned understands that they reside ill at:ongrcgatc hOllsing situation and nOl in all exclusive unit or space.The undersigned understands they do not reside as a tenant with rights or possession ofhousing space exclusively until 5/26/2011. The undersigned resident agrees to participatc in and abide by the policies,rules and regulations ofThe Stephouse Recovery Inc.The undersigned agrccs to vacate from the shared housing accommodations w'hen alcohol and/or illicit drugs arc used or by not abiding these cardinal rules. The undersigned agrees to pay a shared honsing fee of$OOO/month.Fee payments are non- refundable.Resident fees includc utilities and maintenance service.The monthly shared housing fee is due the Ist day ofevery month,may be pro-rated dependent upon admittance.There will be a $25 a day late fee assessed after the 5th of the month. All residents agree to the following cardinal rules as a condition ofresidency: I.Remain alcohol al~d other drug free.This includes selling,possession,or consumption. Physical and mental health medication drugs are allowed but must be included in the resident application. 2.No violencc or threats of violence or the possession ofweapons. 3.Maintain their space in a clean,healthy,orderly and safe manner. 4.Smoking is permitted in designated areas only. 5.Absolutely no fraternizing with other house guests or Stephouse Recover)'Inc.employees. All spaces are properly furnished and are kept clean and ordcriy.The Stephouse Recovery Inc.manages the utility use,furnishings, maintenance,and npgrade ofall lodging spaces.Each resident provides their own food,toiletries,electronics and personal needs.. The undersigned releases the Management and The Stephouse Recovery Inc,from any liability related to the conditions of the agreement. --_...--------- i\amc Signatuf"::) ") Date 5/27/2011 POUC\ES AND PROCEDURES rh"Stephousc Rover!':·Ilh:1ll,1ll<lgCl1Wllt has found the folk-Hying I'lIk~~\\()r~abk and that acceptance nJ these rules is essential.rdanagement reserves the right to change or make additions to the house rules at any time.Management also has the right to interpret and apply the rules at their own discretion and may do so differently from case to case.These rules may be amended or modified at the weekly house meeting, @ 'p'QlicyPIQIDbHhJg t\Ic(~h~!L;lnd \.i)JJ~prescJ'ibcdJ2n!~..:-\Icohol.illegal drug.or non-prescrihed drug use or possession are strictly prohibited.Any resident who is found to have used,is under the influence of,or in possessions ofalcohol or illicit drugs will be immediately required to move out and stay out ofthat house for a minimum of30 days.ALL RESIDENTS !vlAY BE SUBJECT TO RANDOM DRUG SCREENS,BREATHALYZER and/or ROOM SEARCHES. {fyou refuse a search or test.or ifdrugs or alcohol are found or detected,automatic discharge will result.Under no circumstances shall a resident who is under the influence be allowed in the house.Management shall pack their bags for them.When sober,the resident can arrange with the office to retrieve personal property. •Prescription Drug Policy -All prescription and over-the-counter medications being taken must be disclosed to management:any resident on prescription medication will be provided a lock box.It is the resident's responsibility to notify management when there is a change to their medications. Ifa resident is prescribed psychotropic medications,the resident must continue taking them to stay in the house.Prescription medications must be taken in the dosage and frequency as prescribed.Abuse ofmedication can be considered a relapse.Taking or possessing prescription drugs that are prescribed to someone else is prohibited. •Agree and understand that a condition for being a Guest at The Stephouse Recovery Inc.is to be gainfully employed,actively seeking work,in treatment,attending school,or other activities to enhance my future. •Agree to rise at a reasonable timc based upon work/school schedule,be dressed,make bcd,clean immediate area,and to have house chores completed as scheduled. •Agree not to enter another Guest room/area without permission.No contact with Ex-Guests that have been discharged due to relapse infractions. 3 5/27/2011 •Agree to no romantic or sexual relationship with another guest of The Stephouse Recovery Inc. and understand that to do so could result in immediate discharge.Agree to not have any association \\"ith an~kIlO\\"ll drug or alcohol offcnder(s).nor frequent places where drugs are SdId. used or are accessihle. o Agree to no threats:physical violence,possession ofwcapons.stealing or vandalism of house/guest properly. •Agree to be respectful ofothers upon entering The Stephouse. o Agree that ifl kaw The Stephouse Recovery Inc.for more than:'4 hours.I am subjcctt(1 discharge,my guest fees are forfeited and personal belongings held for only 30 days (excluding food products)tben discarded or donated to charity.A per week storage fee will be charged for personal belongings after guest fees expire. •Agree to drive only with avalid driver's license,current registration and minimum auto insurance required by California law. •Agree to be responsible for own personal properly;maintain immediate area with a limited amount ofpersonal items,pictures and knick-knacks. •Agree to make an effort to be compatible with other guests.Ifbehavior becomes unacceptable,it could result in my immediate discharge from The Stephouse Recovery Inc. •Agree not to bring "Any"pet of"Any"kind on premises. •Your monthly cost is payable on or before it is due. •Cleanliness starts with yourself.Shower daily and keep your personal living area clean and orderly.Be considerate ofyour roommates and others.Wash your clothes and bedding regularly. Laundry hours are from 9:00 am to 10:00 pm. •Each house must be kept clean and tidy.This is done by the assignment ofchores;all are assigned chores on a weekly rotation basis.Your chores must be done daily!Every effort must be made to complete chores as early as possible in the day.Ifyou have a 24-honr pass,assigned chores must be done before leaving.Gnests not complying with these reqnirements will be asked to leave. •Cleanliness is a mnst'Cleanup after yourself in the bathroom,kitchen,living room and patio.Do not leave dishes in the sink or any other area of the house.Clean them and stow them in your allocated space.Wipe the counter and stove clean after using them. 4 5/27 i20 11 •Lock doors and windows when leaving.The front door will be locked at all times.Do not unlock the door to anyone you do not know.That includes neighbors.Always check with the house manag.er. (>:\Uilude and Bcha\'ior:a good POsili\"c <ltlilud~~is importallt.(juests \\"ith a C()lltinllollsly poor attitude toward Staff.or to other members,will be asked to leave.Guests are expected to abide by any reasonable request made by staff.Guests must not go into private space of others without that person's permission.Keep window curtains drawn while dressing and in the evening.DO NOr go out the front ofthe house unless fully dressed.Be considerate ofroommates and others with rcs\)('\'{1(1 such as noise.lights <lnd pri\'<lcy. •Respect others'property.NO STEALING!Theft is cause for immediate expulsion and may result in legal proceedings. •The house must be a safe place to live.Threatening or dangerous behavior and/or deliberate abuse to house property will be cause for immediate expulsion and may result in legal proceedings. •Managers are the only persons allowed to bring mail in from the mailbox.Mail will be held for a maximum of 7 days,and will then be returned to the Postal Service. •Automobiles on the property -Drivers must be licensed and insured.Cars must have current registration.Auto repair on the premises is not permitted without management permission. •Suggested meetings for all guests:Three 12-Step meetings and or Bible Study,along with weekly house solutions meetings. •Ifyou have anything that you consider ofvalue:PS3,radio,jewelry,etc.,do NOT keep them here;The Stephouse is NOT responsible for lost or stolen property. •Personal property is brought into the house at your own risk.Lending or borrowing from another guest is to be avoided.Personal property left at the house seven (7)days after discharge will be donated to the house.Ifcontact is made with staff prior to 7 days,property will be held up to fifteen (15)days maximum. •Smoking is permitted only in designated areas.Smoking is not allowed inside the house or in front ofthe house.Do not leaving burning cigarettes unattended.Dispose ofyour ash and cigarette butts in the safe-disposal butt cans. •Agree to be in good medical health.free ofcommunicable diseases that put others at risk of contraction during casual contact. 5 5/27/20 II •Gottled water ONLY is allowed in the bedrooms and the living 1'00ms. •Fire and Earthquake Safety -Read and understand the posted information on Fire and Earthquake.·'y'l)l!Illust become J:lIniliar "'jlh the designated escape mutes.s<lfc gathering locations and the need for a safe location head COUIlt.Fire and earthquake drills will be conduclt:'d at regular intervals.Fire prevention is everyone's concern and responsibility.Practice safe habits, smoke only in designated areas,and be aware ofthe fire extinguisher locations~and how to use them for small fires only.Know how and when to call 911.Emergency information and a head- count in/out board are posted near the front door. a Curfew -Curfews must be followed unless other arrangements are made in advance with management.Sunday through Thursday curfew is IOpm.Friday and Saturday curfew is 12:00 am. •Overnight Passes -May be given on a case-by-case basis as determincd by management. •Stcreos -Personal stereos are permitted in the house and may be played with reasonable volume. •['[ouse rVleetings -Participation in the weekly house solutions meeting is mandatOI)'.Additional meetings may be called when a situation warrants. •Residents are expected to pick up after themselves and clean appliances after nse.Dishes,cups, utensils are to be washed or loadcd in the dishwasher immediately after nse.Personal belongings and trash shall not be [eft out in the house. •Bedrooms -Residents are expected to keep their bedrooms clean and neat at all timcs.Beds must be made each morning.On Monday through Friday residents are encouraged to be up and out of bed by 8 am.Only those residing in a given room and management may enter that room. Management has the right to enter any room at any time.Food is not to be stored or consumed in bedrooms. •Behavior -Behavior that is not conducive to recovel)'will not bc tolerated.This includes,but is not limited to:sexual activity on premise,fighting,stealing,lying,intimate relations between residents and poor attitude.The living 1'00m,library,dining 1'00m,kitchen and yard are common areas.Rules ofcOl11mon courtesy,respect,cleanliness,and cooperation are in order.Residents arc expected to be good neighbors.not just "non-disturbing"neighbors. •Visitation Policy -NO WOlvlE1\ALLOWED [N HOUSE.Guests are allowed in the house hetween the hours of9:00 am and 10 pm.Guests must abide by all house rules and are expected to be clean,courteous,and sober at all times.Guests may not stay overnight.Guests must be escorted by the house resident,who is responsible for the guest while in the house.Guests are not 6 5/27/2011 allowed in any bedroom.Gucsts will be required to vacate the property for any violation ofhouse rules or procedures. {\EYictinn -Guests cnn he nskt'd tn \",w<lk premises without notice a1 all~·tillW.lodging tl:~C'S arc paid in advance and art'nonrefundahle. •Chain-of-Command -All resident questions.concerns and comments are to be direetcd to the House \'!auagers first before being brought to the attention ofthe directors. •Moving -Residents may move to a different bed when a bed opens up.based on seniority. (0 Emcrgenc ies -The pol icc should he en lied l)IlI:"in the case ofrcaI emergellties.CaII 91 I ttX medical emergencies.If possible.the House Managers and Directors should be informed first. •Events --Periodie events may be sponsored by management.These can include barbecues, holiday dinners,etc.Resident sponsorcd events are allowed with prior authorization from the officc. •Guest Fees -Guest fees are to be paid in advance and are non-refundable.Guest fees are due on the first ofeach month unless other arrangements are made in advance.A late fcc may be assessed and/or thc resident may bc asked to move out.It is the resident's responsibility to contact the appropriate person in the office to make payment or to make arrangements for payment.Director has final authority regarding payment plans. •Relapse -A resident who relapses (uses alcohol or drugs)will be asked to immediately vacate the house and may not move back into that house for a minimum of30 days. •Deposit -The Stephouse requires a SI00 move-in fee,the fee covers administrative processing costs and normal wear to Stephouse furuishings.I.Guest gives at least a two-week notice of departure.2.Guest leaves the room in the same condition it was let. •Confidentiality -The Stephouse is not bound by any rules ofconfidcntiality with regard to client information.The Stephouse will fully cooperate with and share information with law enforcemcnt personnel,including parole and probation officers. THE STEPHOUSE management has found the following rules workable and that acceptance of these rllles is essential.Management reserves the right to change or make additions to the house rules at any time.;vlanagement also has the right to interpret and apply the rules at their own discretion and may do so differently from case to case.These rules may be amended or modified at the weekly house meeting. PoliCY Prohibiting Alcohol and Non-Prescribed Drugs -Alcohol,illegal drug,or non-prescribed drug use or possession are strictly prohibited.All)'resident who 7 5/27/2011 is found to have used,is under the influence of or in possessions ofalcohol 01' illicit drugs will be immediately required to move out and stay out ofthat house for a minimum of30 days.ALL RESIDENTS MA Y BE SUBJECT TO RA'iDOM DRUG SCREENS.BREATH.'\LYZER andlor ROOM SEARCHES. Ijj(ltl r('ft!5gJL~gnr!.:lLQIjest.oLLL~Il}g~:l!"~!](:d)~ll_,'\I~fOl!nd oL~Jgj~~llit <HHomatic <.tl~SJ.illrg~_~:U!Igsult.Under 11\\t'i\"('lI11blances shall a resident who is tinder the inJluence be allowed in the hou"c"\L1llagt'ment shall pack their bags for them.\Vhen sobel',the resident can arrange with the office to retrieve personal propert)'. Prescription Drug Policy -All prescription and over-tile-counter medications heing taken must be disclosed to management,any'resident on prescription medication will be provided a lock box.It i~the resident's responsibility to !wtit\management when there is a ch:mg('11l1h,':ir mcdirations.Ira resident b prescribed psychotropic medications,the resident must continue taking them to stay in the house.Prescription medications must be taken in the dosage and n'cquency as prescribed.Abuse of medication can be considered a relapse. Taking or possessing prescription drugs that are prescribed to someone else is prohibited. Agree and understand that a condition far being a Guest at The Stephause is to be gainfully employed,actively seeking work,in treatment,attending school,or other activities to enhance my future. Agree to rise at a reasonable time based upon work/school schedule,be dressed, make bed,clean immediate area,and to have house chores completed as scheduled. Agree not to enter another Guest room/area without permission.No contact with Ex-Guest that have been discharged due to relapse infraction. Agree to no romantic or sexual relationship with another guest ofThe Stephouse,Recovel'Y Inc.and understand that to do so could result in immediate discharge.Agree to not have any association with any known drug 01'alcohol offendel'(s),nor frequent places where drugs are sold,used or are accessible. Agree to no threats,physical violence,possession ofweapons,stealing or vandalism ofhouse/guest property. Agree to be respectful ofothers upon entering The Stephouse Recovery Inc. Agree that if!leave The Stephouse Recovery luc for marc than 24 hours,1am subject to discharge,my guest fees are forfeited and personal belongings held for only 30 days (excluding food products)then discarded or donated to charity. A per week storage fee will be charged for personal belongings after guest fees expire. Agree to drive only with a valid driver's license,current registration and minimulll auto insurance required by California law. Agree to be responsible for own personal property;maintain immediate area with a limited amount ofpersonal items,pictures and knick-knacks. Agree to make an effort to be compatible with other guesls.If behavior becomes unacceptable,it could result in my immediate discharge from The Stephouse Recovery Inc." Agree not to bring HAn/'pet of"Any'1 kind Oil premise. Your monthly cost is payable on or before it is due. 8 ------------------ 5/2712011 Cleanliness starts with yourself.Shower daily and keep your personal living area clean and orderly.Be considerate ofyour roommates and others.Wash your clothes and bedding regularly.Laundry"hours are from 9:00 am to 10:00 pill. Each house must be kept clean and lidy This i"done by the assignment of dwres.all are assigned chores on a \\'ecki~rot,ltioll hasis,Your chores must h' dl'llt~daily!Every effort must lw madc l()t'olllplete chores as early as possihh.>in the day.If you have a 24-hour pass,assigned chores must be done before leaving.Guests not complying with these requirements will be asked to leave. Clean liness is a must!Clean up after y-ourself in the bathroom,kitchen.living room and patio.Do not leave dishes ill the sink or any other area of the house. Clean them and stow them in your allocated space.\Vipe the counter and stove clean after using them. I.nck doors and windows when leadng.The lhmt door will be locked at all times.Do not unlock the door to anyone you do not know.That includes neighbors.Always check with the house manager. Attitude and Behavior:a good positive attitude is important.Guests with a continuously poor at1itude toward Stan:or to other members,will be asked to leave.Guests are expected to abide by any reasonable request made by staff. Guests must not go into private space ofothers without that person's permission. Keep window curtains drawn wh He dressing and in the evening.DO NOT go out the front ofthe house unless fuJly dressed.Be considerate ofroommates and others with respect to such as noise,lights and privacy. Respect others'property.NO STEALING!Theft is cause for immediate expulsion and may result in legal proceedings. The house must bc a safe place to live.Threatening or dangerous behavior andlor deliberate abuse t.o house property will be cause for immediate expulsion and may result in legal proceedings. Managers are the only persons allowed to bring mail in fi'om the mailbox.Mail will be held for a maximum of7 days,and will then be returned to the Postal Service. Automobiles on the property -Drivers must be licensed and insured.Cars must have current registration.Auto repair on the premises is not permitted without management permission. Telephone use:There is a ten-minute time limit to any call on the house phone; (10 minutes on then 10-minutes oft)!All guests answering the phone will call the guest asked for or will take a message and place it in the appropriate slot.Do not give any phone callers namcs or information about guest. Suggested meetings for all guests:Three 12-Step meetings and or Bible Study, along with weekly house solutions meetings. Iryou have anything that yOli consider ofvalue:PS3,radio,jewelry,etc.,do NOT keep them here;The Stephouse Recovery Inc.is NOT responsible for lost or stolen property. Personal property is brought into the house at your own risk.Lending or borrowing fi'om another guest is to be avoided.Personal property left at the hOllse seven (7)days after discharge will be donated to the house.Ifcontact is made with stalTprior to 7 days,property will be held up to fifteen (IS)days maximum. 9 --------- ------------- 5/27/2011 Smoking is permitted only in designated areas,Smoking is not allowed inside the house or in fl:ont ofthe house.Do not leaving burning cigarettes unattended. Dispose ofyour ash and cigarel1e butts in the safe-disposal butt cans. Agree to be in good mcdicallh'altl"L.ll'ee ('f communicable disease::;rh;l1 1'111 others at risk ofcontraction dllrill;o!(<\..;u:-d ('(Intact. Bottled water ONLY is allo\wd in the bedrooms and the living rooms. Fire and Earthquake Safety -Read and understand the posted information on Fire and Earthquake.You must become familiar with the designated escape routes.safe gathering locations and the need for a safe location head count.Fire and earthquake drills will be conducted at regular intervals.Fire prevention is everyone's concern and responsibility.Practice safe habits,smoke only in designated areas,and be aware of the fire extinguisher locations,and how 10 liSe- them for small fires only",Kno\\"how ,md \\'hcnto ca11911.Emcrgcllc~ information and a head-collnt inoul board arc posted near the front door. Curfew -Curfews must be followed unless other arrangements are made in advance with management.Sunday through Thursday curfew is 12:00 am. Friday and Saturday curfew is 2:00 am. Overnight Passes -May be given on a case-by-case basis as determined by management. Stereos -Personal stereos are permitted in the house and may be played with reasonable volume. House Meetings -Participation in the weekly house solutions meeting is mandatol)'.Additional meetings may be called when a situation warrants. Residents are expected to pick up after themselves and clean appliances after use.Dishes)cups)utensils are to be washed or loaded in the dishwasher immediately aftcr lise.Personal belongings and trash shall not be left out in the house. Bedrooms -Residents are expected to keep their bedrooms clean and neat at all times.Beds must be made each morning.On Monday through Friday residents are encouraged to be up and out ofbed by 8 am,Only those residing in a given room and management may enter that room.Management has the right to enter any room at any time.Food is not to be stored or consumed in bedrooms. Behavior -Behavior that is not conducive to recovery will not be tolerated.This includes,but is not limited to:sexual activity on premise)fighting)stealing, lying,intimate relations between residents and poor attitude.The living room, librat)',dining room)kitchcn and yard are common areas,Rules ofcommon courtesy,respect,cleanliness,and cooperation are in order.Residents are expected to be good neighbors,not just "non-disturbing"neighbors. Visitation Policy -NO WOMEN ALLOWED IN HOUSE.Gnests are allowed in the house between the hours 01'9:00 am and 10:00 pm.Guests must abide by all house rules and arc expected to be clean,courteous,and sober at all limes. Gucsts may not stay overnight.Guests must be escorted by the house resident, who is responsible for the guest while in the house.Guests are nol allowed in any bedroom,Guests will be required to vacate the property for any violation of house rules or procedures. Eviction -Guests call be asked to vacate premises without notice at anytime. Lodging fees arc paid in advance and are nonrefundable. 10 ----_._..--~ 5/27/2011 Chain-of-Command All resident questions)concerns and comments are to be directed to the House ;-vlanagers tlrst before being brought to the attention ofthe directors. ),'1oving -Residents !ll~Y 1:10\'f 10 a different bed when a bed open,up.based on seniority. Emergencies -The police ~h()tlld be called only in the case ofreal t'1llt:rgcllcies. Call 911 for medical emergencies.If possible,the House l\·1anagcrs and Directors should be informed first. Events -Periodic t.~\'ents lllay be sponsored by management.These can include barbecues,holiday dinners.etc.Resident sponsored events are allowed with prior authorization n'om the office. Guest Fees -Guest fees are to be paid in advance and are nOIl-l'L'fulldable.Guest fees are due Oil the first of each month unless other arrangements ,11\'ilwde in advance.A late fee may be assessed and/or the resident may be asked to move Ollt.It is the residcnt's responsibility to contact the appropriate person in the office to make paymcnt or to 11lake arrangcments for payment.Director has final authority regarding payment plans. Relapse -A resident who relapscs (lises alcohol or drugs)will be asked to immediately vacate the !louse and may not move back into that housc for a minimum of30 days. Deposit-The Stephollse Recovery Inc.requires a $100 Processing Fee due at move-in for administrative costs and normal wear to StephOllse furnishings. I.GlIest will give at least a two-week notice ofdeparture.2 Guest leaves the room in the same condition it was let. Coufidentiality -The Stephollse Recovery Inc.is lIot bound by any rules of confidentiality with regard to client information.The Stephollse Rccovery Inc. will flilly cooperate with and share information with law enforcement personnel) including parole and probation officers. 11 ~~~~----..~-- 5/27/2011 Hearing Officer Attachment B Letter from Code Enforcement to StepHouse dated April 28,2011 NI~WPORT BEACH COMMUNITY m<:VF~LOl'MENTDEPARTMENT Code EI1forcemellt Division April 28,2011 Stephouse Recovery Inc Attn:Matthew Harrison,Director of Operations 2927 Paper Lane Newport Beach,CA 92660 SUbject Property:2927 Paper Lane (APN:119-251-08;Lot 8,N TR 3068) Newport Beach,CA 92660 Dear Mr.Harrison: Thank you for the opportunity to inspect your facility located at 2927 Paper Lane on April 14,2011.As we discussed,there are no permits on file at the City authorizing the establishment of a residential care facility at the subject property. Please be advised that in 2008,the City of Newport Beach adopted Ordinance No. 2008-05 which relates to Group Residential Uses.Uses regulated by Ordinance No. 2008-05 include certain community care facilities,elder care facilities,group homes. licensed alcohol and drug residential treatment facilities."sober living"homes. boarding houses.and parolee/probationer homes.The ordinance is available online at the following link:www.newportbeachca.gov/index.aspx?page=i57i Ordinance No.2008-05 prohibits new.unlicensed residential care facilities from operating in any R-i.R-BI.and R-2 zoning district.The Ordinance allows for the operation of residential care facilities at properties zoned Multiple Residential (RM). subject to the approval of a Use Permit from the City. The SUbject property is zoned R-i-6000.and use of the property as a sober living horne without proper approvals from the City is a violation of Newport Beach Municipal Code (NBMC)Section 20.18.020.You may apply for a Reasonable Accommodation requesting an exemption from the NBMC to allow a sober living horne to operate in this location.However,please be advised that if a Reasonable Accommodation is not approved.lise of the property as a sober living home must ~~~=~~'cease. "-..c.::.=:"=ec=:c:."fn'arder·to MrreCt'thisevlol§.fl.onilileasetake one'oHhi'l'folioWingc6rtectivemeasures _..c-C:.'CC'-'•.c ==:..----=..cffy~lVlay Z8-;-Z()11:-..------- 1.Cease using the property as a sober living home.Schedule an inspection of the property with the City's Code Enforcement Division to verify that the facility has been closed. 2.Apply for Reasonable Accommodation requesting exemption from NBMC 20.18.020.Such application must be submitted on forms prOVided by lhe Cily's Planning Division.pursuant 10 NBMC Section 20.52.070.Persons who :-{:~oo ;\(";>i\ll:!c\'dnl ·1\):.;;\Office l~oY l/i>:"c.!JOl'1 !leach.California !-)2ti:):<;') T,·!,j<q~lj H4·1:~~!~),he,,:Uq'i,"H!\\,\I,'w,lH~\\'pnHJH'adlt'(\ StephOllse Recovery tne April 28.2011 are disabled or entities acting on behalf of the disabled may,consistent with Federal law,request "reasonable accommodation"from the City's usual rules. policies and practices,if such accommodation is necessary to afford disabled individuals an equal opportunity to use and enjoy a dwelling.NBMC Chapter 20.52 sets forth the process for applying for Reasonable Accommodation.If you choose this option,a complete application for Reasonable Accommodation must be submitted to the Planning Division by May 28,2011. The City would like to take this opportunity to thank you in advance for your cooperation in helping to resolve this mailer in a timely and amicable fashion. To discuss this leller or to arrange for your inspection appointment,please contact me between the hours of 8:00 a.m.to 9:00 a.m.or 4:00 p.m.to 5:00 p.m.at (949) 644-3217. Code Enforcement Supervisor COMMUNITY DIWELOPMENT DEPARTMENT Code Enforcement Division crry NII:VVPORT BEACH April 28,2011 Daniel Henry P.O.Box 10639 Newport Beach,CA 92658 Subject Property:2927 Paper Lane (APN:119·251·08:Lot 8,N TR 3068) Newport Beach,CA 92660 Dear Mr.Henry: This division was informed that the subject property is being utilized as a sober living home or similar residential care facility.A recent inspection by City staff confirmed that a sober living home operated by Stephouse Recovery is being run at your property. In 2008,the City of Newport Beach adopted Ordinance No.2008·05 which relates to Group Residential Uses.Uses regulated by Ordinance No.2008·05 include certain community care facilities,elder care facilities,group homes,licensed alcohol and drug residential treatment facilities,"sober living"homes,boarding houses,and parolee/probationer homes.The ordinance is available online at the following link: www.newportbeachca.gov/index.aspx?page=1571 Ordinance No.2008-05 prohibits new,unlicensed residential care facilities from operating in any R-1,R-BI,and R-2 zoning district.The Ordinance allows for the operation of residential care facilities at properties zoned Multiple Residential (RM), subject to the approval of a Use Permit from the City. The SUbject property is zoned R·1·6000,and use of the property as a sober living home without proper approvals from the City is a violation of Newport Beach Municipal Code (NBMC)Section 20.18.020.You may apply for a Reasonable Accommodation requesting an exemption from the NBMC to allow a sober liVing home to operate in this location.However,please be advised that if a Reasonable Accommodation is not approved,use of the propertyas.8soberliving home must ~====='eeease..~==== _c.c'..=c".=._.cc.'c~===ln'oTderto correct thlsvlolatioll;·please lake one of Ih!nolli5win~f-corfecliverrieaslifes ..~-.----~.....-..-bYMay28-;-2DT1:..-~---.---..---~.--.-...-... 1.Cease using the property as a sober living home.Schedule an inspection of the property with the City's Code Enlorcement Division to verify that the facility has been closed. 2.Apply for Reasonable Accommodation requesting exemption from NBMC 20.18020.Such application must be submitted on forms provided by the City's Planning Division, pursuant to NBMC Section 20.52.070.Persons who :~:-{on :\,(-".;;(;1\1I'v(lnl .Post Ollke Do\:1 \\'jion lknch,(~allrorl1la ~Jli):)J:r i~r~Jl~Jl fi44-<J:J,15·Fi-l>.:[I)!"'-hI>\Vww,lW\\-'porll)('ndll';; Dan Henry April 28,2011 are disabled or entities acting on behalf of the disabled may,consistent with Federal law,request "reasonable accommodation"from the City's usual rules, policies and practices,if such accommodation is necessary to afford disabled individuals an equal opportunity to use and enjoy a dwelling.NBMC Chapter 20.52 sets forth the process for applying for Reasonable Accommodation.If you choose this option,a complete application for Reasonable Accommodation must be submitted to the Planning Division by May 28,2011. The City would like to take this opportunity to thank you in advance for your cooperation in helping to resolve this matter in a timely and amicable fashion. To discuss this letter or to arrange for your inspection appointment,please contact me between the hours of 8:00 a.m.to 9:00 a.m.or 4:00 p.m.to 5:00 p.m.at (949) 644-3217. Hearing Officer Attachment C Copy of Website Page from StepHouse AUUUt us About Programs Page I at I StepHouse Recover~ YouV'pat/A to we{{V\ess 12 Step Programs Holistic Sober Coaching Ciet Help ror: DetoJ< Newport I Treatment Intervention and Detox Residential Care Women/Men Only Long Term Recovery Dual Diagnosis Eating Disorders Legal Issues Take a Tour About Us The StepHouse Recovery Inc,is a licensed;insured;extended care;and transitional sober living environment.This structured atmosphere is especially beneficial for our younger clients and those who have previously been to more than one treatment program with mixed or negative results.Every effort is made to address each client's needs without having the client feel uncomfortable.It is our mission to provide each client regardless of gender,with confidential and professional service.The entire staff at the StepHouse Recovery participates in their own recovery.They have a unique perspective and understanding of exactly what the client is experiencing.We are dedicated to instilling a new hope and life in the individual suffering from drug and alcohol addiction,beginning and continuing the healing process of mind,body,and spirit. This provided support includes: Monitored drug and alcohol testing Medication Management 24-hour on-site managers Transitionai living,life planning,and goal setting http://v-.'ww.stephallserecavcry.com/abOllt.htmI Transportation Food allowance Personal financial management Academic counseiing 0512312011 Hearing Officer Attachment D Email from StepHouse dated May 24, 2011 Brown,Janet From: Sent: To: Subject: Janet, The Stephouse [thestephouse@gmail.com) Tuesday,May 24,201111:32 PM Brown,Janet Reasonable Accommodation Meeting For StepHouse Recovery May 24th I want to thank you for the time you allocated to Matt and myselfin meeting with us today.It was very enlightening and helpful to understand the city"s position when it comes to "Reasonable Accommodation"and granting exemptions "Conditional Use Permits".In addition,the information you provided on how to complete the 20.52.070 application and 20.52.030 exemption permit was very thourough. Thank you for informing us ofthe elTonous one word mistake on the StepHouse Recovery Website that used the word "licensed".I just completed working with with our SEO/Webmaster who mistakingly added the word on accident.Ifyou will check our site that word has been removed and by no means was ever intended to mislead or deceive any party who surfed our site.Without your observation we would have never become aware ofthis mistake,so thanks again! We look forward to working closely with you in the future and will be calling you to set up a convenient time to deliver our application for Reasonable Accomodation. All The Best, George Vilagut Executive Director StepHouse Recovery Inc. 714-394-3494 1 Home About Programs Services Facilities nlge 1 01 1 Contact Addiction Treatment NewpOl't Beach &Costa Mesa,Califol'llia StepHou.se RecoveV'!:} YOUV'po:th to wellV1.ess 12 Stel)I'l·ograms Ilolistlc SoberCoaching Detox Trei"ltment Alcohol 888-923-7623 Chat with a Counselor 24 Hours a day Drug 0000 c==:::J IlIlIIn ::C Ciet Help for: Intervention and Detox Residential Care Women/Men Only long Term Recovery Dual Diagnosis Eating Disorders Legal Issues Take a Tour Abou.t Us TheStepHouse Recovery Inc,is an jnsured~extended carej and ,transltlomdsober livlngenvlronment. This structured atmosphere Is especially beneficial for ouryounger clients and those who have previously been to more than one treatment program with mixed ornegative results,Every effort is made to address each client's needs without having the client feel uncomfortable.It is ourmission to prOVide each client regardless of gender,with confidential and professional service.The entire staffat the StepHouse Recovery partlclpates in their own recovery.They have a unique perspective and understanding ofexactly what the client is experiencing.We are dedicated to Instilling a new hope and life in the individual suffering from drug and alcohol addiction,beginning and continuing the healing process ofmind,body,and spirit. This prOVided support includes: ~{Vf'(•)....\ stepHous ecovevy a VideoTestimonials letterTestimonials Monitored drug and alcohol testlng f'.ledlcation Management 24-hour on-site managers Transitional living,life planning,and goal setting Focused direction and personal accountability Personal and spiritual growth Stable living arrangement Structure and accountability Peer to peer support Transportation Food allowance Personal financial management Academic counseling lifeCoaching Resume and job placement assistance Structured schedule Sober companion and escort Behavioral modlflcatlon I came Into StepHouse Recoverya broken man~lIotsure jfI wanted to live ordie.After 28 days~with a sponsorin hand~my life c1l<wged.I love mylife &what itholds for me now.Myfuture is brigllt,bllt only jfI stayconnected -meetjllgs~service,& myhigllerpower.Thanks to allat StepHollse Recovery lowe YOEl my life, -Your friend,Jason. 888-923-7623Ch<ltwith a Couliselor 24 Hours a day flome About Facilities Contact Sjtl~mi1fJ Olog f t::'·eo ,,.'p'rHJht 2011 StepH[\1l~eR"(')V"'1·.(,)nl :',il r>"!'i~',",-,-:".; ",:~i(jnNj .][1(1 lio5ted by Ene:!ti.1 Solutions http://www.stephouserecovery.com/abouLhtml ',l:epHouse Recovev!j 05/25/2011 Hearing Officer Attachment E StepHouse Submittal Package and Subsequent Communication From: Sent: To: Subject: Attachments: The Stephouse [thestephouse@gmail.com] Good Afternoon Miss Wolcott,&Miss Brovm: It was great seeing the both ofyou yesterday and I would like to personally thauk you both for taking the time out ofyom busy schedules to meet with me yesterday. Per our discussion,I am providing the infOlmation that you requested and any changes that needed to be made that are helpful in completing the application process so that we may proceed forward to the mediation before a heming judge. This e-mail will serve as a addendum to the application submitted by StepHouse Recovery Inc,on May 28th, 2011. 1.StepHouse Recovery Inc.withdraws it's request for the recovery home at 2927 Paper Lane to be considered as a "single housekeeping unit". 2.We are providing copies ofom CutTent client contracts with only first name and first initial oflast name to comply with confidentiality laws.StepHouse Recovery also agrees not to accept any new clients 'while in the application and hearing phase ofseeking a "reasonable accommodation"pelmit from the City ofNewport Beach. 3.We would also ask that the outdated section 20.98.025(c)referenced in our application answers to #8 be replaced with the current active section 20.52.070(d3)factors for consideration regarding necessity.All other aspects of om response to remain the smne. I look forward to receiving the letter regm'ding the next steps towm'd scheduling a date with the hearing judge and any information that you have regm'ding the abatement process. Respectfully Yoms, George Vilagut CEO/President StepHouse Recovery Inc. 714-394-3494 1 •I lillClllVEb UY I'LANNING DllllAltTM13NT CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH Requett for REllleOIlabIe Acoommodallon Supplemmtall nfor malton Requlred __MAY 27 2011 !/I\/:Ui!.//7ApplicationNumber_Planning Department 3300 ~ewporl Boulevard l\ewport Beach,Califomia 92658-8915 (9491 644-}200 To aid lialf In Qelermlnlng that the llOOElllIlIl'y IIndlngs can be made In this particular case as!l!lfath In Chapter 20.96 a the Munldpal Code,pllllllll ~the followlng qU8llllons with regard to your requelll (PI_attach on eeparate8leet8,If neoeeeery): Stephouse Recovery Inc. !\ame of Applicant Stephouse R~covery Irprovider ofhollsing,name of facility,including legal name ofcorporation 2927 Paper Lane Newport Beach,CA 92660 (Mailin~Address of Applicant) 714-394-3494 (CityiStute) 714-969-2889 (Zip) (relephone) Thestephouse@gmail,com (Fax number) t[-Mail address) 2927 Paper Lane,Newport Beach,CA 92660 (Suhject Propel1)Address)Assessor's Parcel Number (AP!\) I.Is this application being submitted by a persoo with a disability.that person's representutive, or a dev~loper or provider of housing for individuals with a disability? 2.Docs the applicant.or individual(s)on whose behalf the application is bein~made.ha,e physical or mental impairments that substantially limit one or more of such person's major life adivities?If so,plea'ie slate the impairment<s)and provide documentation of such impainnent(s)._ 3.From which specific Zoning Code provisions.policies or practices are you seeking an exception or modification? Page 1of3 CITY OF NE WPORT BEACH Answers To Questions Regarding Our Request For Reasonable Accommodation 1.Is this application being submitted by a person with a disability,that person's representative or a developer or provider of housing for individuals with a disability? StepHouse Recovery Inc.is a proVider of housing to persons in recovery from alcoholism and substance abuse. 2.Does the applicant,or individual(s)on whose behalf the application is being made,have physical or mental impairments that substantially limit one or more of such person's major life activities?If so,please state the impairment(s)and provide documentation of such impairment(s). All residents of housing provided by StepHouse Recovery Inc.are persons in recovery from alcohol and substance abuse.Most residents of StepHouse Recovery Inc.are referred after completing a residential substance program.These individuals who are not referred directly from a residential treatment program have either completed a treatment program,or have been in recovery from alcoholism and substance abuse after completing a substance abuse treatment program or a detoxification program,or have been sober for a sustained period of time but are in need of safe and sober housing because they cannot live independently without fear of relapse. 3.From which specific Zoning Code provision,policies or practices are you seeking exception or modification? StepHouse Recovery Inc.is requesting the City of Newport Beach,in consistency with Federal law,and acting on behalf of the "disabled",to treat its residents as a single housekeeping unit.StepHouse Recovery is applying for "Reasonable Accommodation"from the City's usual rules,policies and practices,and requesting exemption from NBMC 20.18.020 of the Newport Beach Municipal Code.This accommodation is necessary to afford the disabled individuals an equal opportunity to enjoy the dwelling.Therefore,we are setting forth the process of NBMC Chapter 20.52 by submitting an application for Reasonable Accommodation through the Planning Division. 4.Please explain why the specific exception or modification requested is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.Please provide documentation,if any,to support your explanation. As individuals in recovery from alcoholism and substance abuse,through mutual support, present and future residents of StepHouse Recovery Inc.seek to live in a family type environment which would provide them with compassionate and therapeutic support during their recovery program.They are hopeful individuals learning abstention from the temptations of alcohol and drugs.The residents are individuals who cannot live solely without the fear or threat of relapse into active alcoholism and substance abuse.The requested accommodation is necessary to provide an opportunity for the disabled residents of StepHouse Recovery Inc.to live in an environment which provides the individual a chance for recovery and gives them sufficient time for personal psychological progress while avoiding alcohol and other substances.Without the recovery atmosphere,the individual residents of StepHouse Recovery would not be able to live in a therapeutic environment that would be in a residential area,let alone a single-family,residential area.Habitation at StepHouse Recovery Inc.provides a useful and essential pUblic service by providing a safe and sober living environment,and provides the residents with a safe transition into society and a working environment.We believe our request for accommodation integrates with the definition of "family"and is necessary for the present and future residents of StepHouse Recovery 'to enjoy the housing of his or her choice".The residents of StepHouse Recovery are not "transient"by nature and function and interact with each other in the same way as "the functional equivalent of a traditional family".By residing together as "the functional equivalent of a traditional family",and by living with others who are in recovery,the residents of StepHouse Recovery Inc.are able to band together and avoid the alcoholic's or addicted person's worst horror of isolation. 5.Please explain why the requested accommodation will affirmatively enhance the quality of life of the individuai with a disability.Please provide documentation,if any,to support your explanation. As residents in recovery from alcoholism and substance abuse present and prospective residents at StepHouse Recovery seek to live in a family type environment which would provide them with emotional and therapeutic support during the recovery process.The residents are individuals who cannot live independently without the fear or threat of relapse into active alcoholism and substance abuse.The requested an accommodation is necessary to achieve an opportunity for the disabled residents of StepHouse Recovery Inc. to live in a setting which is self-paced recovery option and gives them SUfficient time for personal and psychological growth while avoiding the use of alcohol and other substances. This is a non-institutional residential environment which the residents willingly subject themselves to written rules and conditions,including the prohibition of alcohol and drug use, intended to encourage and sustain their recovery.Take away the sobriety recovery environment the individual residents at StepHouse Recovery Inc.would not be able to live in a supportive environment in a residential area,let alone a single-family residential area. Residency in StepHouse Recovery provides a useful and often times essential public service by providing a safe and sober living environment,so that residents can be reintroduced in the world and workplace.A request for accommodation to definition of "family"is necessary for the present and future residents of StepHouse Recovery "to have the option of his or her choice".The residents of StepHouse Recovery are not "transient"by nature and function and interact with each other much in the same way as "the functional equivalent of a traditional family."By liVing together as the "functional equivalent of a traditional family"and by living with each other persons who are in recovery,the residents of StepHouse Recovery never endure the alcoholics or addicts worst nightmare of being on their own and experiencing the horror of isolation. 6.Please explain how the individual with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation?Please provide documentation,if any,to support your explanation. As individuals in recovery from alcoholism and substance abuse present and perspective residents of StepHouse Recovery seek to live in a family type environment which would provide them with emotional and therapeutic support during recovery the recovery process. The residents are individuals who cannot live independently without the fear or threat of relapse into active alcoholism and substance abuse.The requested accommodation is necessary to achieve as opportunity for the disabled residents of StepHouse Recovery to live in an environment which is self-paced recovery option and it gives them sufficient time for personal psychological growth while avoiding the use of alcohol and other substances. Absent the sobriety environment,the individual residents of StepHouse Recovery would not be able to live in a supportive atmosphere in a residential area,let alone a single-family residential area.Residency at StepHouse Recovery provides a useful and often times essential public service by providing a safe and sober living environment,so that its residents can be reintegrated back into society and the workplace.Allowing multiple alcoholics/addicts to live together provides support in the recovery process,while lowering the cost of living for people who often have limited incomes.A request for accommodation is necessary for the present and future residents of StepHouse Recovery "to enjoy the housing his or her choice".By definition,"family",includes a group of individuals who are unrelated but who share common space,with common interest and pursuit emotional support.The residents of 8tepHouse Recovery are not "transient"by nature and function and interact with each other much the in the same way as "the functional equivalent of a traditional family."As the "functional equivalent of a traditional family and living with other persons who are in recovery,the residents of StepHouse Recovery never have to endure the alcoholics or addict's horror of isolation. 7.If the applicant is a developer or provider of housing for individuals with a disability, please explain Why the requested accommodation is necessary to make your facility economically viable in light of the relevant market and market participants.Please provide documentation,if any,to support your explanation. StepHouse Recovery Inc.pledges to provide adequate light,air and privacy to each residential client within the dwelling without being a nuisance to residents of the neighborhood.We will provide well-kept housing and reliable services (rent and bills paid) with moderately upscale features in the dwelling.A resident manager resides on-site to ensure that the resident clients comply with the house rules.We will also adhere to protecting residents from harmful effects of excessive noise,population density,traffic congestion and other adverse environmental effects.We want to comply and make certain that the fundamental purposes of Zoning Codes can be achieved,so that adverse secondary impacts from our residential care facility will not have any on the surrounding neighborhood and therefore not be mitigated.The dwelling will operate in a manner that is consistent and compatible with adjoining and surrounding properties.As such,permitting the dwelling to remain in its current location in the R-1 District would not undermine the basic purpose of this portion of the City's zoning program. 8.If the applicant is a developer or provider of housing for individuals with a disability, please explain why the requested accommodation is necessary for your facility to provide individuals with a disability an equal opportunity to live in a residential setting taking into consideration the existing supply of facilities of a similar nature and operation in the community.Please provide documentation,if any,to support your explanation. Section 20.98.025(C)allows the City to consider the following factors in determining whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability,the equal opportunity to enjoy a dwelling.StepHouse Recovery Inc.seeks to continue to house up to six disabled individuals plus one staff member in a four bedroom unit of a single family dwelling.The facility currently houses residents who could be denied housing if abatement proceeds while they are still in residence at the facility. Potential future residents seeking to integrate into a sober lifestyle by living in a small sober environment would be deprived of an opportunity to live in this type of dwelling situation. Current and potential clients of StepHouse Recovery Inc.will be able to live in a dwelling in an R-1 District with other individuals in recovery from addiction.This is a situation that can affirmatively enhance the quality of life of a person in recovery from addiction.StepHouse Recovery pledges not to overcrowd the dwelling or interfere with the neighborhood as our residents re-integrate into society.The small size of the dwelling couple with a cul-de-sac environment enhances the therapeutic benefit and value of the residents of the dwelling. There are no known licensed or unlicensed residential care facilities in the area that we have observed with a small population located at a similarly significant distance from all other residential care facilities. 9.Please add any other information that may be helpfUl to the applicant to enable the city of determine whether the finding set forth in Chapter 20.98 can be made (Use additional pages if necessary.) StepHouse Recovery has been the provider of housing at 2927 Paper Lane for recovering alcoholics and substance abusers since at since April 2010.We conduct our business in such a way so as not interfere with the quiet,peace and enjoyment of the neighborhood. Since StepHouse Recovery has been in operation,not a single resident has been charged with a crime,nor has there been any complaints from neighbors or any police contact at the residence.Allowing StepHouse Recovery to operate in this single-family district will not jeopardize the public health,safety,peace,morals,comfort or welfare of the neighbors,nor will it SUbstantially impair or diminish property values in the neighborhood.Our goals are to provide a non-institutional residential environment in which the residents willingly subject themselves to written rules and conditions,inclUding prohibition of alcohol and drug use. Our residents are encouraged to sustain their recovery by encouraging one another lead a life of sobriety.Certainly,for people with drug and alcohol problems sober housing has been found to be the best way to maintain sobriety.We have a mutual goal of keeping each other sober.We would also like for the neighborhood to retain its residential character. Meaning the parking is managed the commercial activities are limited,and neighbors respect neighbors(in terms of noise,clutter,debris,second hand smoke,profanity,and other nuisances). Required submittals:In addition to materials required under other applicable provisions of this Zoning Code,an application for reasonable accommodation shall include all of the following: a.Documentation that the applicant is: (3)StepHouse Recovery Inc.is a provider of housing for one or more individuals with a disability. b.The Specific exception or modification to the Zoning Code provision,policy,or practices requested by the applicant. The requested accommodation being applied for by StepHouse Recovery Inc.is requested by or on behalf of one or more individuals with a disability as protected under Fair Housing Laws.StepHouse Recovery Officers are willing to testify under the penalty of perjury that every resident at the facility is in recovery from alcohol and/or drug addiction.Federal regulations and case law have defined recovery from alcoholism and drug addiction as a disability,because it is a physical or mental condition that substantially impairs one or more major life skills. c.Documentation that the specific exception or modification requested by the applicant is the minimum necessary to provide one or more individuals with a disability an equal oppOitunity to use and enjoy the residence. Section 20.98.025(C)allows the City to consider the following factors in determining whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability,the equal oppoltunity to enjoy a dwelling.StepHouse Recovery Inc.seeks to continue to house up to six disabled individuals plus one staff member in a four bedroom unit of a single family dwelling.The facility currently houses residents who could be denied housing if abatement proceeds while they are still in residence at the facility. Potential future residents seeking to integrate into a sober lifestyle by living in a small sober environment would be deprived of an opportunity to live in this type of dwelling situation. Current and potential clients of StepHouse Recovery Inc.will be able to live in a dwelling in an R-1 District with other individuals in recovery from addiction.This is a situation that can affirmatively enhance the quality of life of a person in recovery from addiction.StepHouse Recovery pledges not to overcrowd the dwelling or interfere with the neighborhood as our residents re-integrate into society.The small size of the dwelling couple with a cul-de-sac environment enhances the therapeutic benefit and value of the residents of the dwelling. There is no known licensed or unlicensed residential care facilities in the area that we have observed with a small population located at a similarly significant distance from all other residential care facilities.StepHouse Recovery's request for only six resident clients plus on supervisory staff in a four bedroom dwelling further reduces the likelihood that the neighborhood institutionalization or facility overcrowding will interfere with its residents're- integration and recovery.StepHouse Recovery pledges to provide well-kept housing and reliable services (rent and bills paid)with moderately upscale features in the dwelling.A resident manager resides on-site to ensure that the resident clients comply with the house rules. 20.52.030 -Conditional Use Permits In Residential Zoning Districts D.Application contents 20.50 (permit application Filing and Processing) 1.StepHouse Recovery Inc. 2927 Paper Lane Newport Beach,CA 92660 Lessee George Vilagut 356 5th Street Huntington Beach,CA 92648 Phone 714-394-3494 Owner Daniel Henry P.O Box 10639 Newpoli Beach CA 92658 Phone 949··500-8666 Officers of Company George Vilagut,President (Controlling Interest 55%) 356 5th Street . Huntington Beach,CA 92648 Phone 714-394-3494 Matthew Harrison,Chief Operation Officer (Controlling Interest 45%) 2927 Paper Lane Newport Beach,CA 92660 Phone 949-528-7858 C.Individual designated as indentified in resolution of corporation to be the Permit holder of Conditional Use Permit is George Vilagut 2.Characteristics of proposed use. The dwelling will be used for residential extended care for a maximum of 6 clients and one Staff/House manager.Activities provided on site will include a 12-step book study and house meeting held weekly mandatory for all house residents. 3.Anticipated Users. Resident clients (up to 6),staff (1 residing),guests on weekends (parents &family) 4.List of similar uses operated by applicant in the state of California. StepHouse Recovery Inc. 981 Begonia Ave. Costa Mesa,CA 92626 This residential care facility has not been found to ever operate in violation of federal,state, or local law by federal,state or local authorities. 5.List of similar uses within the City. None 6.License and permit history. None 7.Location Map Lot 8 Tract 3068 R-1 Zoning 8.Operations and Management Plan. NMBC section 20.10.010 sets forth parameters for public health and safety established by Municipal Code.StepHouse Recovery Inc.pledges to provide adequate light,air and privacy to each residential client within the dwelling WitilOUt being a nuisance to residents of the neighborhood.We will also adhere to protecting residents from harmful effects of excessive noise,population density,traffic congestion and other adverse environmental effects.We want to comply and make certain that the fundamental purposes of Zoning Codes can be achieved,so that adverse secondary impacts from our residential care facility will not have any on the surrounding neighborhood and therefore not be mitigated.The dwelling will operate in a manner that is consistent and compatible with adjoining and surrounding properties.As such,permitting the dwelling to remain in its current location in the R-1 District would not undermine the basic purpose of this portion of the City's zoning program. Due to the small size and resident population (cul-de-sac)of this four bedroom facility,the density of this use is consistent with the density that would be produced by other occupants of two family residential districts.In addition,with no similar uses nearby,and a resident manager who supervises the clients fUll-time,the facility will operate in a manner that is consistent and compatible with adjoining and surrounding properties.As such,permitting the facility to remain in its current location in the R-1 District would not undermine the basic purpose of this portion of the City's zoning program. Should the City provide StepHouse Recovery with a Use Permit,NBMC Section 20.91A.010 sets forth the purposes of requiring use permits in residential districts.The first stated purpose is "to promote the public health,safety,and welfare and to implement the goals and policies of the Newport Beach General Plan by ensuring that conditional uses in residential neighborhoods don not change the character of such neighborhoods as primarily residential communities.The second purpose is to "protect and implement the recovery and residential integration of the disabled,including those receiving treatment and counseling in connection with dependency recovery. StepHouse Recovery's request for exemption is narrowly tailored to enable facility residents to enjoy the housing type of their choice without depriving the surrounding neighborhood of reasonable conditions that mitigate any adverse secondary impacts that discharge from the facility.Granting the requested accommodation will not undermine the basic purpose of the Use Permit for the following reasons:(a)StepHouse Recovery will comply with substantially all of NBMC's requirements to receive a Use Permit,the purpose of those requirements is not undermined,and (b)through the reasonable accommodation process,we are open to additional conditions of approval that may be imposed by a Hearing Officer so as to mitigate any negative secondary impacts on neighboring properties. The dwelling at 2927 Paper Lane presents the following characteristics: 1.Very limited resident client capacity -six beds only. 2.Live-in-resident supervisor,constant resident supervision provided on a one-to-six ratio. 3.Number of bedrooms (four)and on-site long driveway allowing up to five parking spots allocated inside of the dwelling property,thereby there is no problem conforming to on- site parking requirements. 4.No other residential care use that we are aware of within a two-block area. 5.No complaints received by the City in relation to any residential care use at this location. 6.Facility has been in use at this similar size for similar clientele for 13 months. 7.StepHouse Recovery management pledges vigilance to avoiding adverse secondary impacts such as noise,overcrowding,excessive second-hand-smoke,and unruly behavior by residents to the detriment of neighbors. 8.Quiet Hours of 10pm to 8:00am including television use. f I I I L J 1 L. • II I I I ~",2 f-II =ii'D L II -I t- O -;.. CITY OF NEWPORT BEACH Supplemental Information for Reasonable Accommodation for Providers ofHousing Planning Department 3300 Newport Boulevard Newport Beach,California 92658-8915 (949)644-3200 Application Number _ If you are a provider of developer or provider of housing for individuals with a disability and are seeking a reasonable accommodation,please provide the following information with regard to your request.If you have already submitted this information to the City in conjunction with a different application,you can submit copies of the information previously provided. A.Your Firm's Current Uses.Do you or your firm (or any entity or person affiliated with you or your firm)currently_operate.manage,or own other group residential uses in Newport Beach? DYes If yes,cite address(es)of facility(ies)(attach more pages if necessary): EXAMPLE: 1234 Main Street,Newport Beach Site Address Capacity ,J.Gl J.:::r 'Po.'ft'l'6Q;V\JI. Site Address Capacity Site Address Capacity Site Address Capacity Site Address Capacity Unlicensed "Sober Living" Type of Use Type of Use <'S Type of Use Type of Use Type of Use 7 Bed Bed Bed Bed Bed Page:lof2 )lication Number---- B.Other Similar Uses.What uses,not operated by or affiliated with you or your firm,are of a similar type as your proposed use here in Newport Beach?Please cite address(es)of facility(ies)(attach more pages if necessary): EXAMPLE: 1234 Main Street.Newport Beach Site Address Capacity Site Address Capacity Site Address Capacity Site Address Capacity Site Address Capacity Site Address Capacity Site Address Capacity Site Address Capacity Site Address Capacity Site Address Capacity Site Address Unlicensed "Sober Living" Type of Use Type of Use Type of Use Type of Use Type of Use Type of Use Type of Use Type of Use Type of Use Type of Use Type of Use 7 Bed Bed Bed Bed Bed Bed Bed Bed Bed Bed Bed Page 2 of2 Our mission is to be the premier provider ofsober living honsing by providing an alcohol-and drug-free residence in a clean,safe and supportive environment.Our residents will be adult alcoholics and addicts who are motivated to continuc their recovery,committed to staying sober,and agree to remain active in their recovery program. Prospective Residents 1.Qualifications -To be considered for admittance,prospective residents shall possess the following:a desire to stay sober,ability to get along with others,agree to abide by all house rnles,a willingness to work their program,and the ability to meet financial requirements. 2.Screening- AII prospective residents shall pass an interview with at least one Stephouse Recovery Inc.coordinator.Photo identification must be available. Verification offinancial responsibility may be required.Ifapplicant docs not meet requirements for admission,they will be referred to the Stephouse RecovelY Inc. Network referral number at 800-799-2084. 3.Application form-A copy ofthe new resident application form must be completed in its entirety.The Stephouse Recovery Inc.reserves the right to contact and/or verify any reference provided on the application form.A copy ofthe completed and signed application form,the signed Guest agreement,criminal history verification form,and a copy ofthe resident's photo identification shall be placed in the resident's file. The Stephouse Recovery Inc.accepts individuals with drug and/or alcohol dependencies who are clean and sober,at least 18 years ofage,not a danger to themselves or to others and who are ambulatolY and can take care ofthemselves.Prospective clients must bc involved in a 12-step program oftheir choice and be active in their recovery. The Stephouse Recovery Inc.will not deny mcmbership to anyone on the basis of race,ethnic background,national origin,creed,religious affiliation,marital status or sexual orientation. The Stephouse guests are required to maintain their admission requirements throughout their stay and submit to random testing and adhere to The Stephouse rules. RECmVHOl3Y PLANNING DHPARTMHNT MAY 2"2011 CITY OF NEWPORT BEACH The Stephouse Recovery Inc. 2927 Paper Lane Newport Beach,CA 92660 (714)394-3494 •(714)528-7858 www.Stephouserecovel)..com 1 5127/2011 ALCOHOL AND DRUG-FREE RESIDENT AGREEMENT The undersigned acknowledges and understands that he is living in an alcohol and other drug-free shared housing,managed by the residents living together as a family ofpersons with disabilities.The undersigned understands that they reside in a congregate housiug situation and not in an exclusive unit or space.The undersigned understands they do not reside as a tenant with rights or possession of housing space exclusively until 5/26/20II. The undersigned resident agrees to participate in and abide by the policies,rules and regulations of'I'he Stephonse Recovery Inc.The undersigned agrees to vacate from the shared honsing accommodations when alcohol and/or illicit drugs arc uscd or by not abiding these cardinal rules. The undersigned agrees to pay a shared housing fee of $OOO/month.Fee payments are non- refundable.Resident fees include utilities and maintenance service.The monthly shared housing fee is due the Ist day ofevery month,may be pro-rated dependent upon admittance.There will be a $25 a day late fee assessed after the 5th ofthe month. All residents agree to the following cardinal rules as a condition of residency: 1.Remain alcohol and other drug free.This includes selling,possession,or consumption. Physical and mental health medication drugs are allowed but must be included in the resident application. 2.No violence or threats ofviolence or the possession ofweapons. 3.Maintain their space in a clean,healthy,orderly and safe manner. 4.Smoking is permitted in designated areas only. 5.Absolutely no fraternizing with other house guests or Stephouse Recovery Inc.employees. All spaces are properly furnished and are kept clean and orderly.The Stephouse Recovery Inc.manages the utility use,furnishings,maintenance,and upgrade ofall lodging spaces.Each resident provides their own food,toiletries,electronics and personal needs.. The undersigned releases the Management and The Stephouse Recovery Inc,from any liability related to the conditions ofthe agreement. Name Signature5 2 Date 5/27/2011 POLICIES AND PROCEDURES The Stephouse Roverry Inc.management has fonnd the following rules workable and that acceptancc of these rules is essential.Management reserves the right to change or make additions to the housc rnles at any time.lVianagement also has the right to interpret and apply the rnles at their own discretion and may do so differently from case to case.These rules may be amended or modified at the weekly house meeting. •Policy Prohibiting Alcohol and ]\jon-Prescribed Drugs -Alcohol,illegal dl'llg,or non-prescribed drug use or possession are strictly prohibited.Any resident who is found to have used,is under the influence of,or in possessions ofalcohol or illicit drugs will be immediately required to move out and stay out of that house for a minimum of30 days.ALL RESIDENTS MAY BE SUBJECT TO RANDOM DRUG SCREENS,BREATHALYZER and/or ROOM SEARCHES. Ifyou refuse a search or test,or ifdrugs or alcohol are found or detected,automatic discharge will result,Under no circumstances shall a resident who is under the influence be allowed in the house.Management shall pack their bags for them.When sober,the resident can arrange with the office to retrieve personal property. •Prescription Drug Policy -All prescription and over-the-counter medications being taken must be disclosed to management;any resident on prescription medication will be provided a lock box.It is the resident's responsibility to notify management when there is a change to their medications. Ifa resident is prescribed psychotropic medications,the residcnt must continue taking thcm to stay in the house.Prescription medications must be taken in the dosage and frequency as prescribcd.Abuse ofmedication can be consid.ered a relapse.Taking or possessing prescription drugs that are prescribed to someone else is prohibited. •Agree and understand that a condition for being a Guest at The Stephouse RecovClY Inc.is to be gainfully employed,actively seeking work,in treatment,attcnding school,or other activities to enhance my future. •Agree to rise ata reasonable time based upon work/school schedule,be dresscd,make bed,clean immediate area,and to have house chores completed as scheduled. •Agree not to enter another Guest room/area without permission.No contact with Ex-Guests that have been discharged due to relapse infractions. 3 5/27/2011 •Agree to no romantic or sexual relationship with another guest ofThc Stcphouse Recovery Inc, and understand that to do so could result in immediatc discharge.Agree to not have any association with any known drug or alcohol offender(s),nor frequent places where drugs are sold, used or are accessible. •Agree to no threats,physical violence,possession ofweapons,stealing or vandalism of housc/guest property. •Agree to be respectful ofothers upon entering The Stephouse. •Agree that if]leave The Stephouse Recovery Inc.for more than 24 hours,I am subject to discharge,my guest fees are forfeited and personal belongings held for ouly 30 days (excluding food products)then discarded or donated to charity.A per week storage fee will be charged for personal belongings after gnest fees expire. •Agree to drive only with a valid driver's license,current registration and minimum auto insurance required by California law. •Agree to be responsible for own personal property;maintain immediate area with a limited amount of personal items,pictures and knick-knacks. •Agree to make an effort to be compatible with other guests.Ifbehavior becomes unacceptable,it could result in my immediate discharge from The Stephouse Recovery Inc. •Agree not to bring "Any"pet of"Any"kind on premises. •Your monthly cost is payable on or before it is due. •Cleanliness starts with yourself.Shower daily and keep your personal living area clean and orderly.Be considerate ofyour roommates and others.Wash your clothes and bedding regularly. Laundry hours are from 9:00 am to 10:00 pm. •Each house must be kept clean and tidy.This is done by the assignment ofchores;all are assigned chorcs on a weekly rotation basis.Your chores mnst be done daily!Every effort must be made to complete chores as early as possible in the day.Ifyou have a 24-hour pass,assigned chores must be done before leaving.Guests not complying with thesc requirements will be asked to leave. •Cleanliness is a mustI Clean up after yourself in the bathroom,kitchen,living room and patio.Do not leave dishes in the sink or any other area ofthe house.Clean them and stow them in your allocated space.Wipe the counter and stove clean after using them. 4 5/27/2011 •Lock doors and windows when leaving,The front door will be locked at all times,Do not unlock the door to anyone you do not know,That includes neighbors,Always check with the house manager. •Attitude and Behavior:a good positive attitude is important.Guests with a continuously poor attitude toward Staff,or to other members,will be asked to leave,Guests are expected to abide by any reasonable request made by staff.Guests must not go into private space ofothers without that person's permission,Keep window curtains drawn while dressing and in the evening,DO NOT go out the Ii'ont ofthe house nnlcss fully dressed,Be considerate of roommates and others with respect to such as noise,lights and privacy, •Respect others'property,NO STEALING!Theft is cause for immediate expulsion and may result in legal proceedings, •The house must be a safe place to live,Threatening or dangerous behavior and/or deliberate abuse to house property will be cause for immediate expulsion and may result in legal proceedings, •Managers are the only persons allowed to bring mail in from the mailbox.Mail will be held for a maximum of7 days,and will then be returned to the Postal Service. •Automobiles on the property -Drivers must be licensed and insured.Cars must have current registration,Auto repair on the premises is not permitted without management permission. •Suggested meetings for all guests:Three 12-Step meetings and or Bible Study,along with weekly house solutions meetings, •Ifyou have anything that you consider ofvalue:PS3,radio,jewelry,etc"do NOT keep them here;The Stephouse is NOT responsible for lost or stolen property, •Personal property is brought into the house at your own risk,Lending or borrowing from another guest is to be avoided,Personal property left at the house seven (7)days after discharge will be donated to the house,If contact is made with staff prior to 7 days,property will be held up to fifteen (15)days maximum, •Smoking is permitted only in designated areas,Smoking is not allowed inside the house or in front ofthe house,Do not leaving burning cigarettes unattended.Dispose of your ash and cigarette butts in the safe-disposal butt cans. •Agree to be in good medical health,free of communicable diseases that put others at risk of contraction during casual contact. 5 5/27/2011 •Bottled water ONLY is allowed in the bedrooms and the living rooms. •Fire and Earthquake Safety -Read and understand the posted information on Fire and Earthquakc.You must becomc familiar with the designated escape routes,safe gathering locations and the need for a safe location head count.Fire and earthquake drills will bc conducted at regular intervals.Fire prevention is everyone's concern and responsibility.Practice safe habits, smoke only in designatcd areas,and be aware of the fire extinguisher locations,and how to use them for small fires only.Know how and when to call 91 I.Emergency information and a head- connt in/out board are posted near the front door. •Curfew -Curfews must be followed unless other arrangements are made in advance with management.Sunday through Thursday curfew is IOpm.Friday and Saturday curfew is 12:00 am. •Overnight Passes -May be given on a case-by-case basis as determined by management. •Stereos -Personal stereos are permitted in the house and may be played with reasonable volume. •House Meetings -Participation in the weekly house solutions meeting is mandatOly.Additional meetings may be called when a situation warrants. •Residents are expected to pick np after themselves and clean appliances after use.Dishes,cups, utensils are to be washed 01'loaded in the dishwasher immediately after use.Personal belongings and trash shall not be left out in the house. •Bedrooms -Residents are expected to keep their bedrooms clean and neat at all times.Beds must be made each morning. On Monday through Friday residents are encouraged to be up and out of bed by 8 am.Only those residing in a given room and management may enter that room. Managcment has thc right to enter any room at any time.Food is not to be stored 01'consumed in bedrooms. •Behavior -Behavior that is not conducive to recovelY will not be tolerated.This includes,but is not limited to:sexual activity on premise,fighting,stealing,lying,intimate relations betwccn residents and poor attitude.The living room,librmy,dining room,kitchen and yard are common areas.Rules of common courtesy,respect,cleanliness,and cooperation are in order.Residents are expected to be good neighbors,not just "non-disturbing"neighbors. •Visitation Policy -NO WOMEN ALLOWED IN HOUSE.Guests are allowed in the house between the hours of9:00 am and 10 pm.Guests must abide by all house rules and are expected to be clean,courteous,and sober at all times.Guests may not stay overnight.Guests must be escorted by the house resident,who is responsible for the guest while in the house.Guests are not 6 5/27/20 II allowed in any bedroom.Guests will be required to vacate the property for any violation of house rules or procedures. •Eviction -Guests can be asked to vacate premises without noticc at anytimc.Lodging fees are paid in advance and are nonrefuudable. •Chain-of-Command -All resident questions,concerns and comments are to be directed to the House Managers first before beiug brought to the attention ofthe directors. •Moving -Residents may move to a different bed when a bed opens up,based on seniority. •Emergencies -The police shonld be called only in the case ofreal emergencies.Call 91 I for medical emergencies.Ifpossible,the House Managers and Directors shonld be informed first. •Events -Periodic events may be sponsored by management.These can include barbecues, holiday dinners,etc.Resident sponsored events are allowed with prior authorization from the officc. •Guest Fees -Guest fees are to be paid in advance and are non-refundable.Guest fees are due on the first ofeach month un less other arrangements are made in advance.A late fee may be assessed and/or the resident may be asked to move out.It is the resident's responsibility to contact the appropriate person in the office to make payment or to make arrangements for payment.Director has final anthority regarding payment plans. •Relapse - A resident who relapses (nses alcohol or drugs)will be asked to immediately vacate the house and may not move back into that house for a minimum of 30 days. •Deposit -The Stephouse reqnires a $100 move-in fee,the fcc covers administrative processing costs and normal wear to Stephouse furnishings.I.Guest gives at least a two-week notice of departure.2.Guest leaves the room iu the same condition it was let. •Confidentiality -The Stephouse is not bound by any rules ofconfidentiality with regard to client information.The Stephouse will fully cooperate with and share information with law cnforcement personnel,including parole and probation officers. THE STEP]-[OUSE management has found the following rules workable and that acceptance of these rules is essential.Management reserves the right to change or make additions to the house rules at any time.Mauagement also has the right to interpret and apply thc rules at their own discretion and may do so differently from case to case.These rnles may be amended or modified at the weekly house meeting. Policy Prohibiting Alcohol and Non-Prescribed Drugs -Alcohol,illegal drug,or non-prescribed drug use or possession are strictly prohibited.Any resident who 7 5/27/2011 is found to have used,is under the influence of,or in possessions ofalcohol or illicit drugs will be immediately required to move out and stay out ofthat house for a minimum of30 days.ALL RESIDENTS MAYBE SUBJECT TO RANDOM DRUG SCREENS,BREATHALYZER and/or ROOM SEARCHES. JJyou refuse a search or test,or if drugs 01'alcohol are found or detected, automatic discharge will result.Under no circumstances shall a resident who is under the influence be allowed in the house.Management shall pack their bags for them.\\,'hen sober,the resident can arrange with the office to retrieve personal property. Prescription Drug Policy -All prescription and overRthe~counter medications being taken must be disclosed to management,any resident on prescription medication will be provided a lock box.It is the resident's responsibility to notify management when there is a change (0 their medications.If a resident is prescribed psychotropic medications,the resident must continue taking them to stay in the house.Prescription medications must be taken in the dosage and frequency as prescribed.Abuse ofmedication can be considered a relapse. Taking or possessing prescription drugs that are prescribed to someone else is prohibited. Agree and understand that a condition for being a Guest at The Stephouse is to be gainfully employed,actively seeking work,in treatment,attending school,or other activities to enhance my future. Agree to rise at a reasonable time based upon work/school schedule,be dressed, make bed,clean immediate area,and to have house chores completed as scheduled. Agree not to enter another Guest room/area without permission.No contact with Ex-Guest that have been discharged due to relapse infi·action. Agree to no romantic or sexual relationship with another guest of'I'he Stephouse,Reeovery Inc.and understand that to do so could result in immediate discharge.Agree to not have any association with any known drug or alcohol offender(s),nor fj·equent places where drugs are sold,used or are accessible. Agree to no threats}physical violence,possession ofweapons,stealing or vandalism ofhouse/guest propelty. Agree to be respectfhl ofothers upon entering The Stephouse Recovery Inc. Agree that if!leave The Stcphouse Recovery Inc for more than 24 hours,I am subject to discharge,my guest fees are forfeited and personal belongings held for only 30 days (excluding food products)then discarded or donated to charity. A per week storage fee will be charged for personal belongings after guest fees expire. Agree to drive only with a valid driver's license,current registration and minimum auto inslll'ance required by California law. Agree to be responsible for own personal property;maintain immediate area with a limited amount ofpersonal items,pictures and knick-knacks. Agree to make an effort to be compatible with other guests.Ifbehavior becomes unacceptable,it could result in my immediate discharge fi·om The Stephouse Recovery Inc. Agree not to bring "Ani'pet of"Any"kind Oil premise. Your monthly cost is payable on or before it is due. 8 512712011 Cleanliness starts with yourself.Shower daily and keep your personal living area clean and orderly.Be considerate ofyour roommates and others.Wash your clothes and bedding regularly.Laundry hours arc fi'om 9:00 am to 10:00 pm. Each house must be kept cleau and tidy.This is done by the assignment of chores,all are assigned chores on a weekly rotation basis.Your chores must be done daily!Every effort must be made to complete chores as early as possible in the day.Ifyou have a 24~hour pass.assigned chores must be done before leaving.Guests not complying with these requirements will be asked to leave. Cleanliness is a must!Clean up after yourself in the bathroom,kitchen,living room and patio.Do not leave dishes in the sink or any other area ofthe house. Clean them and stow them in your allocated space.\Vipe the counter and stove clean aftcr using them. Lock doors and windows when leaving.The fi'ont door will be locked at all times.Do 110t unlock the door to anyone yOll do not know.That includes neighbors.Always check with the house manager. Attitude and Behavior:a good positive attitude is important.Guests with a continuously poor attitnde toward Staff,01'to other members,will be asked to leave.Guests are expected to abide by auy reasonable request made by staff. Guests must not go into private space ofothers without that person)s permission. Keep window curtains drawn while dressing and in the evening.DO NOT go out the fi'ont ofthe house unless f\llly dressed.Be considerate ofroommates and others with respect to such as noise,lights and privacy. Respect others'property.NO STEALING!Theft is cause for immediate expulsion and may result in legal proceedings. The house must be a safe place to live.Threatening 01'dangerous behavior and/or deliberate abuse to house property will be cause for immediate expulsion and may result in legal proceedings. Managers are the only persons allowed to bring mail in fi'om the mailbox.Mail will be held for a maximum of 7 days,and will then be returned to the Postal Service. Automobiles on the property -Drivers must be licensed and insured.Cars mnst have current registration.Auto repair on the premises is not permitted without management permission. Telephone use:There is a ten-minute time limit to any call on the house phone; (10 minutes on then 1O-minutes of!)!All guests answering the phone will call the guest asked for 01'will take a message and place it in the appropriate slot.Do not give any phone callers names or information about guest. Suggested meetings for all guests:Three 12-Step meetings and 01'Bible Study, along with weekly house solutions meetings. Ifyou have anything that you consider ofvalue:PS3,radio,jewelry,etc.,do NOT keep them here;The Stephonse Recovery Inc.is NOT responsible for lost 01'stolen property. Personal property is brought into the honse at your own risk.Lending 01' borrowing fi'om another guest is to be avoided.Personal property left at the honse seven (7)days after discharge will be donated to the house.If contact is made with staffprior to 7 days,property will be held np to fifteen (15)days maximum. 9 ------------ 5/27/2011 Smoking is permitted only in designated areas.Smoking is not allowed inside the house 01'in fi'ontofthe house.Do not leaving burning cigarettes unattended. Dispose ofyour ash and cigarette butts in the safe-disposal butt cans. Agree to be in good medical health,1iee ofcommunicable diseases that put others at risk ofcontraction during casual contact. Bottled water ONLY is allowed in the bedrooms and the living rooms. Fire and Earthquake Safety -Read and understand the posted information on Fire and Earthquake.You must become familiar with the designated escape routes)safe gathering locations and the need for a safe location head count.Fire and earthquake drills will be conducted at regular intervals.Fire prevention is everyone)s concern and responsibility.Practice safe habits,smoke only in designated areas)and be aware ofthe fire extinguisher locations)and how to use them for small fires only.Know how and when to ca1l911.Emergency information and a head-count in/out board are posted Ileal'the front door. Curfew -Curfews must be followed unless other arrangements are made in advance with management.Sunday through Thursday curfew is 12:00 am. Friday and Saturday curfew is 2:00 am. Overnight Passes ~May be given on a case-by~case basis as determined by management. Stereos -Personal stereos are permitted in the house and may be played with reasonable volume. I-louse Meetings -Participation in the weekly house solutions meeting is mandatory.Additional meetings may be called when a situation warrants. Residents are expected to pick up after themselves and clean appliances after use.Dishes,cups,utensils are to be washed 01'loaded in the dishwasher immediately after use.Personal belongings and trash shall not be left out in the house. Bedrooms -Residents are expected to keep their bedrooms clean and neat at all times.Beds must be made each morning.On Monday through Friday residents are encouraged to be up and out ofbed by 8 am.Only those residing in a given room and management may enter that room.Management has the right to enter any room at any time.Food is not to be stored 01'consumed in bedrooms. Behavior-Behavior that is not conducive to recovery will not he tolerated.This includes)but is not limited to:sexual activity on premise,fighting,stealing) lying)intimate relations between residents and poor attitude.The living room, library)dining room)kitchen and yard are common areas.Rules of common courtesy,respect,cleanliness)and cooperation are in order.Residents are expected to be good neighbors,notjust"non-disturbing"neighbors. Visitation Policy -NO WOMEN ALLOWED IN HOUSE.Guests are allowed in the house between the hours of9:00 am and 10:00 pm.Guests must abide by all house rules and are expected to be clean,courteous,and sober at all times. Guests may not stay overnight.Guests must be escOited by the house resident, who is responsible for the guest while in the house.Gnests are not allowed in any bedroom.Guests will he required to vacate the property for any violation of house rules or procedures. Eviction -Guests can be asked to vacate premises without notice at anytime. Lodging fees are paid in advance and are 110nrefimdable. 10 5/27/20II Chain~of-Command -All resident questions,concerns and comments are to be directed to the House Mauagers first before being brought to the attention of the directors. Moving -Residents may move to a different bed when a bed opens up,based on seniority. Emergencies-The police should be called only in the case ofreal emergencies. Call9ll for medical emergencies.Ifpossible,the House Managers and Directors should be informed first. Events -Periodic events may be sponsored by management.These can include barbecues,holiday dinners,etc.Resident sponsored events are allowed with prior authorization fi'0111 the office. Guest Fees -Guest fees are to be paid in advance and are non-refundable.Guest fees are due all the first ofeach month unless other arrangements are made in advance.A late fee may be assessed ancVot'the resident may be asked to move out.It is the resident's responsibility to contact the appropriate person in the office to make payment or to Blake arrangements for payment.Director has final authority regarding payment plans. Relapse - A resident who relapses (uses alcohol 01'drugs)will be asked to immediately vacate the house and may not move back into that house for a minimum of30 days. Deposit-The Stephouse Recovery Inc.requires a $100 Processing Fee due at move-in for administrative costs and normal weal'to Stephouse furnishings. I.Guest will give at least a two-week notice ofdepmture.2 Guest leaves the room in the same condition it was let. Confidentiality-The Stephouse Recovery Inc.is not bound by any rules of confidentiality with regard to client information.The Stephouse Recovery Inc. will fully cooperate with and share information with law enforcement personnel, including parole and probation officers. 11 5/27/2011 SOBER LIVING AGREEMENT I,,certifj'by 11(1'sigllature all tltis documellttltat I ullderstalld al/{I ae/mowledge tllatl1le Step/lOuse RecOl'el:1'Illc.is (11/alcollol-alld dl'llg:free sltared1I0usillg pl'Oper(1'/lUllwged by Tile Step/lOuse Recopel)'Illc.Ifaccepted illto tllis program al/{Ifor as 10llg as I remaill iu tile program,I expressly ullderstalldtllat I sllall reside iu tile stalldillg ofa lodger sllariug a housiug III/it alld IIOt as ateuaut witll rights or exclusipe possessioll ofspace. I.Legal Hist0l1' I.The Stephouse Recove,)'Inc.does not accept persons with a history ofarson,scx-offenses, auimal abuse,or thosc on methadone-maiutenance.Do any ofthcse apply to you? ___Yes No 2.Are you currently on probation,parole or have any pending court cases?Ifyes,answer questions 3-6.Ifno,skip to the next section II. Yes---___No 3.Describe any offenses for which you are on probation or parole and note any court dates pending. Use an additional sheet and attach ifnecessa,)'. 4.What type ofprobation or parole are you subject to?(IPS,level,etc.) 5.Do you have a community service requirement (depending on availability,community service may be performed on-site)? ___Yes __No 6.Enter the date on which you will be released (MM/DDIYYYY):_ 7.List your probation/parole officer (PO)contact information: PO Name:_ Office Address:_ Phone (indicate desk or mobile):_ Fax (optional):_ E-mail (optional):_ 12 5/27/2011 II.Substance AbuscHistol1'-Complcte if applicable. I.What is your drug of choice (iuclude alcohol)? 2.The Stephouse Recovery Inc.suggests a minimum of five 12-step Meetings (AA,CA,CMA, Smart Recovel)',etc.)per week.Is this something you will be able to maintain? Ycs~~-___No 3.Urine analysis may be performed randomly or ifyou are suspccted ofdrug or alcohol use.Do you agree to submit to U.A.analysis as required? ___Yes III.Employment ___No .I.I understand and acknowledge that employment,enrollment in school,volunteering or something proactive to further your recovery,is a requircment for resident status at The Stephouse RecovCl)' Inc.? ___Yes ___No 2.I understand and acknowledge that failure to be proactive within a reasonable period oftime will result in termination fi·om the program."Reasonable"will be determined by The Stephouse Recovel)'Inc.based on the verifiable effort. ___Yes ___No 3.I have a source of income to pay my program-fees while searching for ajob (for example:family assistance,organizations such as Project Home,Cope or CODAC). ___Yes ___No Ifyes,describe the assistance and amount: 13 5/27/2011 IV.Important House Rules: I.All new residents will abide by a 10:00 pm curfew Sunday through Thursday and a 12:00 am curfew on Fridays and Saturdays.The Stephouse Recovel)'Inc.will approve any exceptions and particularly accommodate exccptions due to work schedulcs. 2.The Stephousc Rccovery Inc.will assign weekly chores and I acknowledge that completion ofmy chore is mandatory and failure to do so may affect my residence status. 3.I understand that harassment ofany kind,either verbal or physical,toward another rcsident or The Stephouse Recovery Inc.staff-member will not be tolerated and will result in my immediate tcrmination from the program without exception. 4.I understand that the object ive ofentering the program at The Stephouse Recovery Inc.is change.I understand that any behavior that can be discerned by The Stephouse Recovery Inc. staffas gang-related,criminal,offcnsive,orjudged as "street behavior"will result in my termination. 5.I acknowledge that,if I chose to leave or am terminated from the program,The Stephouse Recovel)'Inc.does not have an obligation nor the facilities to store any personal belongings I may leave behind and that any such belongings will be donated or disposed of72 hoUl's after my depmture or termination. 6.Every resident is expected to clean up after himself and keep his area neat and orderly.Residents will do their own dishes and clean up the kitchen after preparing meals.I understand this and realize that failure to do so will result in disciplinary action,such as withdrawal ofprivileges or possible termination from the program. 7.I understand that failure to report by evening curfew for 48 hours without contracting The Stephouse Recovel)'Inc.with a reasonable explanation will result in termination from thc program and forfeiture ofany program fees paid to The Stcphouse Recover)'Inc. 8.I understand that program fees are non-refundable.Emergency situations that cause a resident to leave the program will be examined on a case-by-casc basis and a pro-rated refund may be granted. 14 5/27/2011 V.Meals,Health,Personal Hygiene and Toiletries I.Tunderstand that I will supply my own food and prepare my own meals. 2.I understand that residents will maintain their personal hygiene and appearance and will shower daily.Failure to do so will result in termination from the program. ___Yes ___No 3.By my signature below,Tcertify that the answers,statements,and/or information Tprovided on the preceding pages are true and accurate.[acknowledge that any false statements given or omissions of material fact may result in termination from the program. Resident Signature:_Date:_ Resident NOllie (please prinO:_ Tile Stepllol/se Recovery Inc.Signature:_ Date:_ Tile Stepllol/se Recovery Inc.Representative's NOllie (please print):~_ 15 5/2712011 BOTH Resident Application ADMIT DATE:_ NAME:_ CURRENT ADDRESS: Address Line I Address Line 2 City,State,Zip ---------------------- PERSONAL SOCIAL SECURITY #DRIVER'S LICENSE #_ VETERAN:YES NO I3IRTHDATE:ETHNICITY:_ MARITAL STATUS:SINGLE MARRIED SEPARATED DIVORCED ADDRESS (OF REFERRENT): WORK PHONE (OF REFERREANT):_ IN CASE OF EMERGENCY NAME:RELATIONSHIP _ ADDRESS:_ TELEPHONE (Home):(Work):_ NAME:RELATIONSHIP _ ADDRESS:_ TELEPHONE (Home):(Work):_ RECOVERY INFORMATION DID YOU USE:DRUGS ALCOHOL LIST DRUGS USED IN LAST THREE YEARS:_ I HAVE BEEN CLEAN AND SOBER SINCE:_ NAME OF RECOVERY PROGRAM(S):_ MY COUNSELOR THERE WAS (NAME):_ HEALTH INFORMATION MY LAST PHYSICAL CHECKUP WAS ON:_ IAM TAKING THE FOLLOWING MEDICATION:_ LIST ANY MEDICAL PROBLEMS:_ NAME OF INSURANCE COMPANY:POLICY NUMBER:_ PERSONAL PHYSICIAN:PHONE NUMBER:_ PHYSICIAN ADDRESS:~ ALLERGIES: 16 5/27/2011 REFERENCES NAMErnTLE:PHONE NUMBER:~~__ NAME/TITLE:~._~~._~_PHONE NUMBER:._._~ SPONSOR:__.._~..__~_._~.PHONE NUMBER:.._~..._~.._._ AFTERCARE:PHONE NUMBER:__~__.._~._. HOW DID YOU HEAR ABOUT THE STEPHOUSE?_ LEGAL COURT:~ PROBATION OFFICER: ATfORNEY: COURT DATE:_ PHONE NUMBER:_ PHONE NUMBER: YOUR PLACE OF EMPLOYMENT COMPANY NAME:..__JOB TITLE:_ COMPANY ADDRESS:_ IMMEDIATE SUPERVISOR:_ TELEPHONE NUMBER:_ WAGES PER MONTH:($)PER HOUR:($)_ IF NOT CURRENTLY EMPLOYED,SOURCE OF INCOME:._ AMOUNT PER MONTH:($)_ RESIDENT'S SIGNATURE DATE RESIDENTS ARE REQUESTED TO NOTIFY THE HOUSE MANAGER OF ANY CHANGE IN THE ABOVE INFORMATION: OFFICE USE ONLY: INTERVIEW DATE:_ MOVE-IN DATE:._ INTERVIEWER'S COMMENTS: 17 5/27/2011 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 NewpOlt Boulevard,Building C,Newport Beach,CA 92661 .(949)644-3200 Fax:(949)644-3229 \\'\V\\'.11.~~)Ortbeach~u~ov June 20,2011 StepHouse Recovery,Inc. Geor~e Vilagut,President 366 6 h Street Huntington Beach,CA·92648 Dear Mr.Vilagut: Subject:NOTICE OF INCOMPLETE APPLICATION Reasonable Accommodation No.2011-001 (PA 2011-117) Property located at 2927 Paper Lane,Newport Beach We have reviewed your submitted application and accompanying documentation,and have determined that additional information is necessary in order to complete the analysis of this request per the provisions of Chapter 20.62 of the Newport Beach Municipal Code (NBMC).By July ii,2011,please provide the following clarifications and/or additional information: 1.Property Owner Affidavit:Please provide written authorization from the legal owner authorizing filing of this application. 2.Real Prooertv Lease:What is the term of the lease between StepHouse Recovery,Inc.and the property owner?Please provide a copy of the real property lease agreement entered into between the property owner,Daniel Henry,and StepHouse Recovery,Inc. 3.Affirmation of Resident(s)Disability:Please provide a written statement,signed by the facility administrator or other credible individual,certifying under penalty of perjury that all residents of this facility meet the definition of disabled,as that term is defined by the federal and state housing laws. 4.Site Plan:Please provide a site plan showing the property dimensions,the location of the building on the lot,the location and number of on-site parking spaces.I have included a copy of the parcel map of the property,which shows the property dimensions to assist you with preparing a site plan. 6.Parolees and Government Referrals:The NBMC restricts any residential use from housing more than one parolee or probationer for monetary or non- monetary compensation.Please provide a verified written statement that StepHouse Recovery,Inc.complies with this provision of the NBMC. StepHouse Recovery,Inc.. ..Request for Additiohallnformation .Reasonable AccommodationNo.RA2011-001 (PA2011-117) Page 2 Should you have any questions regarding the requested clarifications or additional information,please do not hesitate to contact me at (949)644-3236. Sincerely, By ------'-~111£!~~~UL1~i­ Kimberly Bran t AICP Community Development Director cc:Daniel Henry,property owner P.O.Box 10639 Newport Beach,CA 92658 Janet Brown,Associate Planner ...RTBEACH CA92660-3311,Sheet:1of 1___________.·~~CA~2010",",.201~1.'~19.2~51-<l~8.29~21.P~APE~RlN~.N~EWr~O~~,==.=.=-,.Orange,,.i !.,(TUSTIN AVENUE)AVENUe'!,7 I :.to ...! .92'./07'(07'-IfII <~~ , ~@GG,•(J.I Q) Cb.~\b \l ~• ~U1 0) /2/. 'l/it'1l$' <0 .~ ~dC}cJ7 '4jJ-tlt it'L.~@ .~@ 6) • ~~~ ~• •7.a.S'IG'~ .~ ~R . L.44'<f'~JoS:.*;.4(;,9"it . .d).. ~.~@)':4N •, "-'v RECEIVED BY PLANNING DEPARTMENT JUL 07 2011 June 28,2011 Daniel S.Henry P.O.Box 10639 Newport Beach,CA 92658 George Vilagut Step House Recovery,Inc. 2927 Paper Lane Newport Beach,CA 92669 Re:Property Owner Affidavit 2927 Paper Lane Dear George: CITY OF NEWPORT BEACH Via Fax:714-969-2889 (Original By Mali) Please use this letter as my authorization,to file the Reasonable Accommodation No.2011-001 (PA 2011-117)with the Community Development Department,Planning Division,City of Newport Beach. Should there be any questions,I can be contacted at 949-500-8666. sin~~I' ~~.. Daniel S.Henry Property Owner StepHouse Recovery,Inc. [fifUt{1\inl§Ti[~~]~li1~~Ri!i~TI§iE{~l~~~r~~~t.1~~~!'*liE ffit 4 4 &k RECEIVED BY Friday,July 1",2011 PLANNING DEPARTMENT Kimberly Brandt AICP JUL 07 2011 Community Development Director Community Development Department Planning Division CITY OF NEWPORT BEACH 3300 Newport Boulevard Building C Newport Beach,CA 92663 Dear Miss Brandt, This letter acts to inform you that Daniel Henry,owner of the residence located at 2927 Paper Lane has provided me with a waiver for the Occupants And Guests,Assignment And Subletting, Use Of Premises conditions of the lease so that I may use the residence to operate the StepHouse Recovery Inc,business. If you have any questions regarding the waiver that Daniel Henry has furnished me,he has asked for the City of Newport Beach to call him directly at 949-500-8666. Respectfully Yours, ~~George Vilagut CEO/President 8tepHouse Recovery,Inc. 714-394"3494 2927 Paper Lane Newport Beach,CA 92660 www.stephouserecovery.com RENTAL AGREEMENT This agreement is entered into this 19 Day ofApril 2010. Owner:Daniel S.Hemy Tenant:George James Vilagut In consideration for their mutual promises agree as follows: Owner rents from tenant and tenant rents from owner the premises known as: Street:2927 PAPER LANE City:NEWPORT BEACH,California 92660 In the event owner or owner's agent is unable to deliver possession ofthe premises to the tenant for any reason,including but not limited to,failure ofthe previous tenant to vacate or partial or complete destruction ofthe premises,tenant shall have the right to terminate this agreement.In such event,owner or owner's agent's liability to tenant shall be limited to the retum ofall sums previously paid by tenant to owner. AGENCY DISCLOSURE:Daniel Henry is the exclusive agent ofthe owner (lessor).This means a fiduciary duty of utmost care,integrity,honesty and loyalty in dealing with the owner. TENANCY:(X)This is a twelve (12)month lease beginning May 1,2010 and ending April 30, 2011. RENT:Rent id due in advance,on the first day ofeach and every month in the sum ofTwo Thousand Eight Hundred Dollars ($2,800.00)per month.A late charge in the amount of $175.00,will be charged for any rent received after the 3'd calendar day ofany rent due date.Ifrent due is not paid by the 3'd calendar day,after rent due date,a 3-Day Notice to Pay Rent or Quit will be issued and eviction proceedings initiated.Tenant agrees to have rent deposits made by ACH deposit to his JP Morgan Chase Account.Tenant will electronically transfer rent between his banking institution and the owners.Residents will be charged for preparation and service ofany notice,due to non-compliance with the terms ofthis rental agreement in the amount of$100.00 per service.This charge will become due and payable immediately and may also be deducted from the resident's security deposit. Page 1 of9 RENT PRORATION:In Conjunction with the signing ofthis lease rent in the amount of $2,800.00 has been received,representing rent from May I-May 31,2010.$2,800.00 has also been received representing the last month's rent of this lease or renewal ofthis lease,whichever is later.Tenant will be given early possession ofthe house effective April 19,2010. PAYMENT OF RENT:Rent shall be deposited by,(ACH),or taken to a lP Morgan Branch for direct deposit at tenant's option.Checks shall be made payable to Daniel S.Henry.Post-dated checks and two-party checks will not be accepted.Payment must be from the signers ofthe rental agreement.Deductions made from rents without written permission ofthe owner will be considered unpaid rent and will subject tenant to a late charge in the amount specified above. Tenants making a partial payment ofrent will still be subject to the late charge specified above. LATE RENTS:Rent can be deposited into be paid by cashier's check or money order.Residents understand and agree that owner or owner's agent will apply all moneys received,first to unpaid rent and handling charges,unpaid maintenance charges,fines,unpaid utility charges due by residents,unpaid security deposit and attorney's fees,second to any past due rent and third to any current rent due or coming due. PLACE WHERE,WRITTEN NOTICES AND/OR WRITTEN COMMUNICATIONS ARE TO BE SENT OR PERSONALLY DELIVERED: Daniel S.Henry P.O.Box 10639 Newport Beach,CA 92658-8685 (949)500-8666 RETURNED CHECKS:In the event a check is returned by the bank for any reason (non- sufficient funds,stopped payment,etc.)Tenant agrees: (a)To replace the returned check with a cashier's check within 24 hours. (b)To pay a thirty dollar ($50.00)returned check charge with the replacement cashier's check/money order. (c)To pay a late charge in accordance with rent paragraph. (d)To pay all future rents with a cashier's check or money order after the first returned check. Page 2 of9 SECURITY DEPOSIT:Owner acknowledges receipt of$2,800.00 as security deposit.Within 21 days after resident vacates,owner or owner's agent will furnish tenant a security deposit statement,itemizing any deductions,with a refund ofthe remaining amount. Tenant understands that the security deposit is not last month's rent and that tenant will be responsible for any and all unpaid rent at the time ofvacating the premises. UTILITIES:Tenant shall pay for all utilities made payable or predicated upon occupancy of tenant. OCCUPANTS AND GUESTS:Premises shall be occupied only by the following persons. Occupancy by anyone other than the following persons for more than (14)nights shall constitute a breach ofthis agreement unless prior written consent is given in writing by owner or owner's agent: DOB: ASSIGNMENT AND SUBLETTING:No portion ofthe premises shall be sublet nor this agreement assigned.Any attempted subletting or assignment by tenant,at the election ofowner, shall be a breach ofthis agreement. INVENTORY:A stove,microwave and dishwasher are included in this rental agreement.Any other appliance is not included in this rental agreement.If a refrigerator is on the property,the owner or owner's agent will not maintain or repair the same,it being the obligation ofthe tenant to do so.Furnace Filters can be found in the utility closet and should be replaced by tenant every 6-8 month.Call owner ifinstructions are needed on how to change filter. In the garage,tenant shall not remove or relocate 1 roll ofcarpeting,dishwasher 01'attic stock for the property including,paint cans,tile 01'other items in garage cabinets.All other areas ofthe garage tenant may use as they see fit. PROPERTY CONDITION:The tenant takes possession to the property in "as is"condition.The tenant and the owner or owner's agent have agreed on the rent in consideration of the tenant taking the premises in "as is"condition,both inside and outside the building,and on the tenant's promise to make any cosmetic repairs to the property,(excluding habitability items)so that it is livable for the tenant,and on the promise that the tenant maintain the property in good condition. Any service calls for plumbing 01'drain related problems shall be paid fully by residents,unless problem is directly caused by roots.Should plumbing problems arise due to normal wear and teal' landlord will remedy at his expense. Page30f9 ALTERNATIONS AND REPAIRS:Except in the event ofan emergency,no repairs,decorating or alterations shall be done without owner's or owner's agent prior written consent.Tenant shall notify owner or owner's agent in writing ofany repair or alteration contemplated.Decorations include but are not limited to,painting,wallpapering,and hanging ofmurals or posters.Tenant shall hold owner and owner's agent harmless as to any mechanics lien or recordation caused by tenant and agrees to indemnify owner or owner's agent by producing a bond in the event of any such claim or proceeding.Tenant agrees that all improvements installed on the premises,including landscaping,carpet,drapes etc.,and shall remain with the property upon termination ofthe rental agreement at no cost to the owner. PETS:No pets such as birds,animals,fish,except trained dogs needed by blind,deafor physically disabled persons,shall be kept on the premises without the written consent ofthe owner or owner's agent. Any consent so given,may be withdrawn,if,in the opinion ofthe owner,such pets causes a nuisance,causes complaint from neighbors,or otherwise adversely affect the normal maintenance ofthe property.Pets shall primarily be kept outside so no pet odor is created on the inside ofhome. WINDOWS:Any broken windows,ripped or bent screens shall be replaced at tenant's expense. FIREPLACES:Tenants are to have all fireplaces,flues and chimney professionally inspected and cleaned as necessary.Tenant understands that fireplaees can he dangerous when they are dirty from continuous use,when burning paper or the wrong types ofwood,when storing or replaeing items next to a burnirig fire,or when left unattended.You should never try to burn Christmas trees,paper products and/or milled,treated or painted wood products.Watch out for chimney fires,ifyou see any flames coming from the top ofthe chimney you need to call 911,or the fire department. SMOKING:Tenants understand that there shall be no smoking on the inside ofthe home. Smoking stains the interior paint and ceiling and causes an odor in the home.Tenant shall pay owner,at owner's discretion an amount not to exceed $1,500 to have the interior repainted and fumigated. SMOKE DETECTOR:A smoke detector is in place and was tested during walk-through inspection.Tenant has inspected,has tested all smoke detectors prior to the execution ofthis rental agreement and found them to be in good working condition.Tenant agrees to test detector at least once per week.Ifthe detector is battery powered,tenant agrees to replace the battery as needed.After replacing the battery,ifthe smoke detector sill does not work, tenant agrees to infolID owner or owner's agent immediately in writing.Ifthe detector is not battery powered, tenant agrees to notify owner or owner's agent immediately ofany malfunctions.Tenants agree to hold owner and owner's agent harmless from any liability whatsoever for damages to people or property that may arise,or allege to have arisen as a result offailure ofa smoke detector during the term ofthis rental agreement. Page 4 of9 SEVERABILITY:Ifany provision ofthis agreement or its application is held invalid,it will not affect other provisions or applications herein,which can be given effect without the invalid provision or application.To this end all provisions ofthis Rental Agreement are severable. MOVE OUT INSPECTION:Ifthe tenant schedules a move out inspection and the property is not ready for the move-out inspection at the agreed upon time,tenant agrees to pay a $100.00 trip charge."Ready"means that the tenant is completely moved out,all repairs,cleaning and landscaping are complete,and the electricity and gas are on. MOVE IN INSPECTION:Owner or owner's agent has performed a detailed move-in inspection.Tenant agrees to inspect propetiy thoroughly before executing this agreement and note any items (i.e.:broken glass,damaged items etc.)under rental agreement additional provision in this document.The tenant will also have an additional 7 days to report in writing any discrepancies to the owner's agent,which may be discovered.In the event no such written notice is received the premises will have been assumed to be in good condition with any exceptions noted in the additional provisions section ofthis agreement. USE OF PREMISES:Premises shall be used as a residence only.Operating a business (auto repair,handyman,house c1eariing,etc.)from this property is prohibited.Tenant shall not violate any governmental law in use ofpremises,commit waste or nuisance,armoy,molest,or interfere with any other tenant or neighbor.Day care operators rimst be licensed,must provide proofof liability insurance in the amount of $300,000,must name the owner and owner's agent as additional insured under the policy with a waiver ofsubrogation rider/endorsement.Security deposit will be increased to (2)month's rent.Tenant shall not display any sign or exhibit on the premises. CARS:Any vehicle that is parked on the premises that is not in running condition,without motor or otherwise not currently registered,for more than 3 days may be towed offproperty at tenant's expense.Tenants will not allow or permit repair work to automobiles,motorcycles,etc.,to be conducted on or any part ofthe property or surrounding residence. CARPETSIDRAPES:Upon moving out ofthe premises,carpets are to be professionally steam cleaned,using the hot water extraction method by a professional carpet cleaning service. Tenant's security deposit account will be charged for carpet cleaning.Additional carpet cleaning expenses will be charged to tenant for carpet deodorant and de-fleaing ifpets are involved.Dry cleaning ofdrapes is mandatory ifsoiled or if tenants smoke. HOLD HARMLESS AND WAIVER:NO INSURANCE IS PROVIDED BY OWNER FOR TEANANT'S PERSONAL PROPERTY.Tenant agrees to indemnify and hold owner and owner's agent harmless and in no way accountable for any liability for personal injury or property damage caused or permitted by tenant or any other person on the premises with tenant's consent.Tenants should carry "Renter's Insurance"and are aware that owner's insurance coverage does not carry damage to tenant's personal belongings.Tenants agree to hold owner and owner's agent harmless from claims, demands, damages or liability arising out of the premises caused by or permitted by tenants,tenant's family,employees and/or guests. Page 5 of9 DAMAGE TO PREMISES:Ifthe premises is so damaged by fire,disaster 01'any other cause to render them uninhabitable,then either party shall have the right to terminate this rental agreement as ofthe date on which such damage occurs,through written notice to the other party, to be given within 15 days after the occurrence ofsuch damage,except that should such damage occur as a result ofthe abuse 01'negligence oftenants,01'tenants guests,then owner only shall have the right to termination.Should this right be exercised by either party,then rent shall be charged only to the date damage occurred and any prepaid rent or unused security deposit shall be refunded to the residents.Ifthis rental agreement is not terminated,then owner shall promptly repair the premises,with any rent reduction to be agreed upon prior to the repairs being started. RIGHT OF ENTRY:Upon not less than 24 hours advance notice,tenants shall make the premises available during normal business hours to owner or owner's agent,for the purpose of entering: (a)To make necessary agreed repairs,decorations,alterations or improvements 01'to supply necessary or agreed services and/or: (b)To show the premises to prospective or actual purchasers,bank or mortgage lenders,tenants, insurance agents,contractors or any other person owner or owner's agent deems appropriate.In an emergency,owner or owner's agent may enter the premises at any time without accruing prior permission from tenants for the purpose ofmaking corrections or repairs to alleviate such emergency. WAIVER BY OWNER:The waiver ofowner or owner's agent ofany breach shall not be construed to be continuing waiver ofany subsequent breach.The receipt by the Owner ofrent with the knowledge of any violation ofa covenant or condition hereto shall not be deemed a waiver ofsuch breach.No waiver by Owner or Owner's agent ofthe provisions herein shall be deemed to have been made unless expressed in writing and signed by owner. WATERBEDS:Iftenant owns a waterbed,tenant agrees to provide owner or owner's agent with a copy ofwaterbed insurance naming owner and owner's agent as additional insured within 10 days ofoccupancy.Should tenant fail to do so,this will constitute a breach ofthis rental agreement. Page 6 of9 MULTIPLE OCCUPANCY:Tenant acknowledges that this rental agreement is between owner and the resident executing this rental agreement,jointly and severally. TERMINATION OF TENANCY:Except as provided by law or as set forth in this agreement, this lease agreement may be terminated by either party after the lease term by service upon the other ofa written 30-Day Notice ofTermination ofTenancy.Tenant agrees to pay rent through the 30-day Notice period or the date of surrender ofall keys to the property,whichever occurs later.Any holding over past the 30-Day Notice shall result in Tenant being liable to owner for "rental damage"at the rate of 1.5 times the contract rent or $140.00 per day. ATTORNEY FEES:The prevailing party in any legal action brought for the recovery ofrent or other moneys due or become due or to become due under this rental agreement or by reason of a breach ofany covenant,provision or clause herein contained for the recovery ofpossession of said premises,or to compel the performance ofanything agreed to be done herein or to recover the damages to said property or to enjoin,any act contrary to the provision including,but not limited to,shall be entitled to reasonable attorney fees and costs.Ifany dispute arises regarding this rental agreement,owner and tenant agree to waive all rights to a jury trial.Both parties acknowledge this consent and understand its ramification. INSPECTION OF THIS AGREEMENT BY COUNSEL:The tenant understands and has been given the opportunity to have this agreement reviewed by an attorney.Ifany provision ofthis agreement is not understood,we urge you to have it explained to you by a legal professional, before signing. YOUR CREDIT STANDING:is one of your greatest assets-only you can earn it and protect it. To maintain a good credit rating,all payments should be made on or before the due date specified in this rental agreement.As required by law and pursuant to Civil Code section 1785.26,you are hereby notified that a negative credit rating may be submitted to a credit reporting agency ifyou fail to fulfill the terms ofyour credit obligation with us.A negative credit rating will appear on a credit report and may affect your ability to borrow or rent in the future. LEAD BASED PAINT WARNING:The property you are renting was built before 1978. Housing built before 1978 may contain lead-based paint.Lead form paint,paint chips and dust can pose health hazards ifnot taken care of property.Lead exposure is especially harmful to young children and pregnant women.The owner has no knowledge of lead-based paint and/or lead-based paint hazards in the unit.Tenant has received the form Disclosure ofinformation on Lead-Based Paint Hazards and the pamphlet Protectyour Familyfrom Lead in your Home. Page 7 of9 GOVERNMENT LAWS:All government,city and state laws and ordinances shall be complied with by tenant.Should a fine or corrective notice be found cited against the property as a result ofa breach ofany part ofthis rental agreement,tenant agrees to pay for such fines and corrective action at tenants sale cost and expense. RIGHTS AND REMEDIES:The parties to this agreement shall have all rights and remedies afforded them by the laws ofthe State ofCalifornia or any local government therein. KEYS:Owner or owner's agent to retain keys to the property.Ifthe tenant changes the locks, this work shall be done by a licensed locksmith tenant shall finnish a duplicate set ofkeys to the owner or owner's agent within five (5)days.If tenant fails to do so,owner may immediately obtain the services ofa locksmith to make such duplicate set and charge all costs to tenant. Tenant hereby accepts one key.Should keys not be returned the day ofvacating the premises, tenant agrees to pay ($75.00)to re-key unit.Tenant has been furnished with 2 keys and 1 garage door opener for property. TRASH:Iftenant has trash that exceeds the normal pick up,tenants are to arrange to have it hauled away.No excessive trash is to be left on the property at any time. LANDSCAPING:A gardener paid by owner is included in this lease.Tenant agrees to water and rear landscaping ofproperty at all times at their cost and expense.This means watering yard at every other day. INTERPRETATION OF CONTRACT:Tenant does not_X_need an interpreter and can understand the rental agreement. RENTAL AGREEMENT ADDITIONAL PROVISIONS:All rent starting June 1,2010 shall be deposited via (ACH)transfer.JP Morgan Chase Routing#322271626...Account#398-2089315 Daniel S.Henry Page 8 of9 The undersigned tenant acknowledges having read and understood the above rental agreement prior to execution and received a copy thereof.This agreement and any supplement or modification relating hereto,including a photocopy of facsimile thereof, may be executed in two or more counterparts,all ofwhich shall constitute one and the same writing. Date:----LLf-l--'--1/--'--1-0I_I0_ George James Vilagut Date:_:....:.L-!:....:.),_i-,-I_,o__OWNER:_--=-n~::i""CItx::--­ Daniel S.••~....v Page 9 of9 Page 9 of9 LEASE AGREEMENT (Renewall This agreement is entered into this 30 Day ofMarch 2011 Owner:Daniel S.Henry Tenant:George James VilaguT In consideration for their mutual promises agree as follows: Owner re::1ews the original lease agreement dated April 19,2010 from May 1,20II through and until April 30,2012 fer rhe the r.r.emises known as: Street:2927 PAPER LANE Cit)':NEWPORT BEACH,California 92660 There will be"change in the :foilowing terms ofthe lease dated April 19,2010 as follows: (a)Rent:Due in advance,on the ftrst day ofeach and every month in the sum ofTwo Thousand Eight Hundred Seventy-Five ($2,875.00)per month. Except as noted in thi3 p:Jragraph aJ terms and conditions ofevery kind and nature, including addendums,in the original lease agreement dated April 19,2010 remain in full force and.effect and cITe incorporated by reference into this.renewal document. The mudersigned tenant acknowledges having read and understood the above Mease renewal agre.ement prioT to execution and receive.d a copy thereof.This agreement and any supplement or modification rdating herdo,including a photocopy offacsImile there-of, may be executed in two or more counterparts,all ofwhich shall constitute on,e lIlnd tIH samE:,vriting.cTenant:~~Ll~¢~A~Date:-:3/3 /1 11 Georgi~James Vilagul OWNER:'Date:__4_1_1 -'-'\_, StepHouse Recovery,Inc. §i§¥?~i~l!~~mt~"f~~[(;tri!I~JJ{I~i%1~~f~~~~~4.1i1 4p $&aM em; RECEIVED BY Friday,July 1'"2011 PLANNINGDEPARTMBNT Kimberly Brandt AICP Community Development Director Community Development Department Planning Division 3300 Newport Boulevard Building C Newport Beach,CA 92663 Dear Miss Brandt, JUL 07 2011 CITY OF NEWPORT BEACH In 1990,the Americans with Disabilities Act (ADA)further amends the provisions of the FHA.The ADA amendments extended the protection of the FHA to include: •Individuals participating in rehabilitation programs. •Sober living homes where people classified as disabled live. Sober living homes under the protection of these Acts,provide housing facilities for persons suffering from chemical dependency.The Department of Housing and Urban Development (HUD)Investigates any act believed to be discrimination against sober living homes and their occupants.Discriminatory local regulations that impact sober living homes are prohibited by the Fair Housing Act.. Under the Penalty of perjury,I confirm that all residents at this single housekeeping unit located at 2927 Paper Lane meet the definition of disabled,as that term is defined by the federal and state housing laws since they are all individuals in active recovery from chemical dependency. Respectfully Yours, ~uw-- CEO/President StepHouse Recovery,Inc. 714-394-3494 2927 Paper Lane Newport Beach,CA 92660 www.stephouserecovery.com RECBIVEDBY PLANNIN··.. GDEPARTMENT N28""8 -<52/J IV (RHD) JUL 07 20tl CITY OF NEWPORTBEACH tJ0tv--J sP Il'"..,t-'.;:: r ,--l <) J "" (1l ....j \ ~". 2.1..' 10o, 99~ I,Lr EI___-~I-~-=~--- StepHouse Recovery,Inc. KWIT}w:flf&li~~jHsTIllii£igIB1~;1ti1~;ffif~jf~ls~~t1m~~II~tIft~jWI+lIIlllllliIiI;;;·1IIl1lll1lll1lll·lliil!i1Ii1t1il,ril5IIIlIII•••••••••••••• Friday,July 1'1,2011 Kimberly Brandt AICP Community Development Director Community Development Department Planning Division 3300 Newport Boulevard Building C Newport Beach,CA 92663 Dear Miss Brandt, RECEIVED BY PLANNING DEPARTMENT JUL 07 2011 CITY OF NEWPORT BEACH This acts as a written statement acknowledging that StepHouse Recovery,Inc.is in compliance with NBCM regarding Parolees,Probationers and Government Referrals.We do not house more than one paroiee or probationer for monetary or non-monetary compensation. Respectfully Yours, ~IJ~ George Vilagut CEO/President StepHouse Recovery,Inc. 714-394-3494 2927 Paper Lane Newport Beach,CA 92660 www.slephouserecovery.com Brown,Janet From: Sent: To: Subject: Attachments: The Stephouse [thestephouse@gmail.com] Friday,july 08,20111:44 PM Wolcott,Cathy;Brown,Janet StepHouse Recovery Inc.Addendum To Application . Contract 1 001.jpg;contract 2 001.jpg;contract 3 001.jpg;conlracl4 001.jpg;conlracl5 001.jpg Good Afternoon Miss Wolcott,&Miss Brown: It was great seeing the both ofyou yesterday and I would like to personally thank you both for taking the time out ofyour busy schedules to meet with me yesterday. Per our discussion,I am providing the infonnation that you requested and any changes that needed to be made that are helpful in c'ompleting the application process so that we may proceed forward to the mediation before a hearingjudge. This e-mail will serve as a addendum to the application submitted by StepHouse Recovery Inc,on May 28th, 2011. 1.StepHouse Recovery Iuc.withdraws it's request for the recovery home at 2927 Paper Lane to be considered as a "single housekeeping unit". 2.We are providing copies ofour current client contracts with only first name and first initial oflast name to comply withconfidentiality laws.StepHouse Recovery also agrees not to accept any new clients while in the application and hearing phase ofseeking a "reasonable accommodation"pennit from the City ofNewport Beach. 3.We would also ask that the outdated section 20.98.025(c)referenced in our application answers to #8 be replaced with the current active section 20.52.070(d3)factors for consideration regarding necessity.All other aspects ofour response to remain the same. I look forward to receiving the letter regarding the next steps toward scheduling a date with the hearing judge and any infonnation that you have regarding the abatement process. Respectfully Yours, George Vilagut CEO/President StepHouse Recovery Inc. 714-394-3494 1 Brown.Janet From: Sent: To: Cc: Subject: Brown,Janet Friday,July 08,2011 2:48 PM 'The Stephouse' Wolcott,Cathy RE:StepHouse Recovery Inc.Addendum To Application Good afternoon,Mr.Vilagu!. Thank you for your email and the attachments. Initially,it appears we have received all the necessary items for a complete application.However,I will contact you in the near future after I review the entire record to advise as to whether we need any additional information to complete the application.As we mentioned yesterday,it is our intent to schedule a public hearing before a Hearing Officer within 60 days (or sooner)once the application is determined to be complete. We appreciate the opportunity to meet with you.If you have any questions,comments or concerns in the meantime,please do not hesitate to contact me. Sincerely, Janet Johnson Brown Associate Planner City ofNewport Beach 3300 Newport Blvd.,Newport Beach,CA 92663 T (949)644-3236/F (949)644-3229 jbrown@newportbeachca.gov From:The Stephouse [mailto:thestephouse@gmail.comJ Sent:Friday,July 08,2011 1:44 PM To:Wolcott,cathy;Brown,Janet Subject:StepHouse Recovery Inc.Addendum To Application Good Afternoon Miss Wolcott,&Miss Brown: It was great seeing the bothofyou yesterday and I would like to personally thank you both for taking the time out ofyour busy schedules to meet with me yesterday. Per our discussion,I am providing the information that you requested and any changes that needed to be made .that are helpful in completing the application process so that we may proceed forward to the mediation before a hearing judge. This e-mail will serve as a addendum to the application submitted by StepHouse Recovery Inc,on May 28th, 2011. 1.StepHouse Recovery Inc.withdraws it's request for the recovery home at 2927 Paper Lane to be considered as a "single housekeeping unit". 2.We are providing copies ofour cunent client contracts with only first name and first initial oflast name to comply with confidentiality laws.StepHouse Recovery also agrees not to accept any new clients while in the 1 application and hearing phase ofseeking a "reasonable accommodation"pennit from the City ofNewport Beach. 3.We would also ask that the outdated section 20.98.025(c)referenced in our application answers to #8 be replaced with the current active section 20.52.070(d3)factors for consideration regarding necessity.All other aspects ofour response to remain the same. I look fOlward to receiving the letter regarding the next steps toward scheduling a date with the hearing judge and any infonnation that you have regarding the abatement process. Respectfully Yours, George Vilagut CEOlPresident StepHouse Recovery Inc. 714-394-3494 2 Brown,Janet From: Sent: To: Subject: Attachments: Miss Brown, The Stephouse [thestephouse@gmail.comj Thursday,July 14,2011 7:17 AM Brown,Janet StepHouse Recovery Inc.,Corporate Officer Information and Corrected Contracts Corporate 1 001.jpg;Corporate 2 001.jpg;Corporate 3 001.jpg;Corporate 4 001.jpg;Contract 1 001.jpg;Contract 2 001.jpg;Contract 3 001.jpg Thank you for taking the time to review the exhibited items on our application submitted for the "Reasonable Accommodation Permit".Per our conversation,I have attached the StepHouse Recovery Inc.,corporate information you requested regarding the by laws as stated to the Internal Revenue Service.I have also attached the tlu'ee corrected contracts we discussed. I want to personally thank you for your incredible attention to detail ensuring that all the required pieces are in place on behalfofStepHouse Recovery as we approach the upcoming hearing date to be established. Please feel free to give me a call ifyou have any questions or ifyou need any additional material that may have been overlooked. Respectufully Yours, George Vilagut CEO/President StepHouse Recovery Inc. 714-394-3494 1 ARTICLES OF JNCOlU'OMTION OF ENDORS6D •FILED,",!he ow",,ofIhe$,<:rnl,r;ofSta,. nfIheSr£lleofCai~rnIM AUG 23 2010TheStephouseaecovery,Inc. I:The name of the corporation (hereinafter referred to as ihe "corporation")is: The Stephouse Recovery,Inc. II:The existence of the corporation is perpetual. III:The purpose of (he corporation is to engage in any lawfu)act or activity for which a corporatioll may be org'4nized under the General Corporatioll Law of Califomla,other than the banking business,the trust company business or the practice of a profession permitted to be incorporated by the CaliforniaCorporations Code,. IV:The,name.of the corpomtion's Initial ageIi!for service ofprocess within the State of Califowa in accordance with the provisiOns of subdivision (11)of Section 1502 of the Corporations Code of the SU\te of California is Corporation SerVice CJiml1anywhlch will do business in California as eSC-Lawyers Incorporating Service, V:The tOlal number ofsbareswhich ihe corp,oraticJ)ris'authorized to issue is 1500,all of which are of 0110 class and of apar value of$O.OO each,andljll of which"'fe Common shares, Signed on August 23,2010 Corporation bY:"---\'7"'S.4s.o-~~~~_----2,,-_ Vikki Saeteum,Assistant Secl'etary CA BC D-:ARTICLES OF INCORPORATION-MASTER 111S9-1 (#1362) F"",2553 (Re'/,[)(y..:embet 2007) Dep!lttrTle1t 01 theTreaswy tnt'YllalRevenue Se<'<":e Election by a Small Business Corporation (Under section 1362 of the Internal Revenue Code) ...See Parts II and III on page 3 and the separate IrlSfructlons. ....The corporation can fax this form tothe IRS (see separate Instructions). OMB No.1545-0146 Note.nlls election to be an S corpofatlon can be accepted only tf all the tests are mat under Who May Elect on page 1 of the instructions;aU sharaholOOrs haves!gnad the consent statement;an officer has slgnedbelow;and the exact name and address of the corporation and othel required form information nre provided, o Check the appHcable box(es)Ifthe corporatIon,after applying for the EIN shown In A above,changed Its 0 name or 0 address E Election is to be effective for tax year beginning (month,day,year)(see Instructions)•.• .....08 !23 I 2010 Caution.A ,corporation (entity)making the election fOf Its first tax year in existence will usually enterthe beginning date of a short tax year that begins on a date other than January 1. F Selected tax year: (1)IZI Calendar year (2)0 Fiscal year ending (month and day)~_ (3)0 52~53~week year ending with reference to the month of December (4)0 62-53-week year ending with reference to the month of'"_ If box (2)or (4)Is checked,complete Part II Iilil1II Eleotlon Information Narlii!(ooe Instructions)A Employer Identification number StepHouse Recoverv Inc.27 ,3406905 Type Number,stroot,and room orsUite no.Qfa P.O.box.seeinstructions.)B Date ln~ted or Print 2927 Paper Lane 0812312010 CityOf loon,state,aM ZIP coda C Stata of locorporallon Newoort Beach,CA 92660 CA G It more than 100 shareholders are listed for item J (see page 2),check this box if treating members of a family as one shareholder results In no more than 100 shareholders (see test 2 under Who May Elect In the Instructions)'"0 H Name and title of officer or legal representative who the IRS may call for more Information I Telephone number of officer George Vilagut CEOfPresldent or legal representatlve (714 )394·3494 If this S corporation electlon is being filed with Fonn 11208,I declare that I had reasonable cause for not filing Form 2653 timely,and If this election is made by an entity eligible to elect to be treated as a Gorporatlon,I declare that J also had reasonable cause for not flllng an entity classification election timely.See below for my explanation of the reasons the election or elections were not made on time (see instructions). ..........,. ....... .......-__--_.._. .............................................................................................................................................-... .---. For Paperwork Reduction Act Notice,see separate Instructions.Cal.No.18629A Form 255;3 (Rev.12·2007) Page 2122007)Form 2553 {R&......Election Information (continued\ J K.LShareholders'Consent StatementNameandaddressofeachUNJerpM:a1t1es of peljury,we~are that weconsentto the Stock owned orshareholderorforme!'election of the aboVe-namocl corporationto bean S corporation percentage of ownership M NshareholderreqUiredtounderS<X:t1oo 1362(a)and that we have examined th1sCOfl$-:lflt (see Instructions)Social security Shareholder'sCOl1$ent 10 theelecllon.statement,lnctud1ng accompanyir.g sChedoles andstatements.number or employer tax year ends(See the lnstrucllorl3 for and to the best of our kno-Madge and ber~f,It ,Is true.cormct.and Number of Identiflcatlon number (month andcolumnK.)complete.We undersWnd our consent isbinding and may no!:be (see Instructions)withdrawn after thewrporaUonhasmarla avalid election.(SIgn shares or Oate{s)day) and data below.)percentage acquired Signature·Date of ownershIp GeorgeVilagut jJf~U¥(,,/g /1/356 5th Street Huntington Beach, CA 92648 825 8123110 566·19·3648 12131110 Matthew HarrIson If/AI rr,!K //12927PaperLaneAlitIINewportBeach, 675 8123/10 544·88·0259 12131110CA92880 - Form 2553 {Rov.12-20<Jn form 25.."'3 (Rev.12·2007)rmtI!Selection of Fiscal Tax Year (see Instrucllons) Page 3 Note.Ali corporations using Ihis part must complete Item 0 and item P,Q,or R. o Check the appficable box to Indicate whetherthecorporation Is: 1.0 Anew corporatlon adopting the tax year entered In Item F.Part I. 2,0 !vi existing corporation retaining the tax year entered In Item F,Part l. 3.0 M existlngcorpomUon changing to the tax year entered in Item F,Part I. P Complete lIem P If the corporation is usIng the automatic approval provisions ofRev.Proc.2006-46,2006-451.R.B.859.to request(1)a Mtural business year (as defined in sedlon 5.07 of Rev.PrOO.2006·46)or(2)a year that satisfies the ownership lax year test (as defined In sootloo 5.08 ofRev,PIO{:,2006-46).Check the applicable b~x below to Indicate the representatIon statement the corporatton is making. 1.Natural.BusIness Year ~[ZJ I represent that the corporation is adopting,retaining,or changing to a tax year thatqualifies as Its natural business year (as defined Insection 5.07 of Rev,Proc.2006·46)and has attached a statement showing separately for each monlh tM gross receiptsfor the most recent 47 monlhs (see Instructions).I also represent that the corporation is not prectuded by section 4.02 of Rev.Proc. 2006·46 from obtalnlng automallc approval 01 such adoption.retention.or change in tax year. 2.Ownership Tax Year'"[]I represent that shareholders (as described In sectJon 5.08 of Rev.Proc.2006-46)holding more than half of the share;:;;of the3tcck (as of the first day of the tax yearto Which the request ralates)of the corporation have the same lax year or are concorrently changing to the tax year that the eorporatlon adopts,retains,or changes to per Item F,Part I.and that such tax year satisfies the requirement ofsectlon 4.01(3)of Rev.Proo.2006-46.I also represent that the corporation ts notpreclUded by section 4.02 of Rev.Proc. 2006-46 lrom obta!nlng automalic approval of such adoption,retention.or change In tax year. Note.If you donol use item P and the corporation wanlS a fiscal tax year,complete elther item Q or R below.Item Q Is used to request a fiscal tax year based on a blJSlness purpose and to makea back~up section 444 election.Item RIs used to make a regular section 444 election. Q BusIness Purpose---To request a flscol tax year based on a business purpose,check box 01.See instrucl10ns fCH details Including payment of a user fee.You may also check box 02 andlor boxQ3. 1.Check tiere...0 if the fiscal year entered In item F,Part t.Is requested under the prior approval provisions of Rav.Proc.2002-39, 2002-22 I,R.B.1046.Attach to Form 2553 a statement describing the relevant facts and circumstances and,Ifapptlcabla,the gross receipts from sales and serv~necessary to estabUsh a business purpose.See the instructions for details regarding the gross receipts from sales and seiVices.II the IRS proposes to disapprove the requested fiscal year,doyou want a conference with the IRS National Office? Dyes DNo 2.Check here'"0 to show that the corporation Intends to make a back~up section 444 election In lhe event the corporation's business purpose request is not approved by lhe IRS.(See Instructions for more Information.) 3.Checkhare'"0 to show that the corporation agrees to adopt or change to a tax year ending December3 t If necessary for the IRS to accept this electlon for S corporation status In the eYent (I)the corporation's buslnew purpose request is not approved and the corporation makes a back-up section 444 election,but Is ultimately notqualified to make a section 444 electton,or(2)the corporation's business purpose request is not approved and the corporation did not make a back-Up section 444 elecllon, A SeoUon 444 Election-To make a seclion 444 election,check boXR1.You mayalso check box R2, 1.Check here"0 to show that the corporation v-lill make,Ifqualified,a sectlon 444 election to have the fiscal tal<year shown in item F, Part I.To make the election,you must complete Form 8716,Election To Have a Tax Year OlherThan a Required Tax Year.and either attach It to Form 2553 or file it separately. 2.Check hele....0 to show that the corporatlon agrees to adopt or change toa tax year ending December31 If necessary for the IRS to accept thiselection for S corporation status In Ihe evant the corporation Is ultimatelynotqualified to make a section 444 election. rmtII Qualified SUbchapter S Tru~QSSn Election Under Section 1361(d){2)' Income benofic1ary's name and address Social security number Trost's name and address Employel Identification number Date on which stock ofthe corporallon was transferred to the trust (month,day,ye..1r),.....~I J In order for the trust named aboveto be a QSST and thus a qualifyIng shareholder of the S corporation for which this Form 2553 is filed,I hereby make the:ele<:tion undersecUon i361(d){2).Under penalties ofperjury,I certify that the trust meets the def1nlllonal requirements of section 136i{dJ(3)and thatall other Information provided in Part III Is true,correct,and complete. S~naturcof lnC-oillebenefsciary <Y.signatureandtitle of legalrepresentative orolher QUafjf;oo person rnalQng the electlon Dale 'Use Part m to make Ihe OSST election only jf stock of Ihe corporation has boon transferred to the trust on or before the dateon which the corporation makes Its electlon to be on S corporation.The QSST election must be madeand filed separately If stock ofthe corporation Is transferred to the trostafter the date on which the corporation makes the Selection. Brown,Janet From: Sent: To: Cc: Subject: Brown,Janet Thursday,July 21,2011 4:39 PM 'The Stephouse' Wolcott,Cathy RE:StepHouse Recovery Inc.,Corporate Officer Information and Corrected Contracts Good afternoon,Mr.Vilagut. Thank you for providing the attached information. I have reviewed the IRS Form 2553 you provided in response to my request for a Board of Director's Resolution stating who in the company has the authority to enter into contracts.The Form 2553 only provides the IRS with the name and title of an officer or legal representative who the IRS may call for more information.It does not give authority to bind the company in a contract.Kindly provide a copy of a resolution adopted by the Board of Directors of StepHouse Recovery Inc.which states who has authority to bind the company in a contract. Thank you. Janet Johnson Brown Associate Planner City of Newport Beach 3300 Newport Blvd.,Newport Beach,CA 92663 T(949)644-3236/F (949)644-3229 jbrown@newportbeachca.qov ----_..__._-- From:The Stephouse [mailto:thestephouse@gmail.coml Sent:Thursday,July 14,2011 7:17 AM To:Brown,Janet Subject:StepHouse Recovery Inc.,Corporate Officer Information and Corrected Contracts Miss Brown, Thank you for taking the time to review the exhibited items on our application submitted for the "Reasonable Acconunodation Permit".Per our conversation,I have attached the StepHouse Recovery Inc.,corporate iuformation you requested regarding the by laws as stated to the Internal Revenue Service.I have also attached the three corrected contracts we discussed. I want to personally thank you for your incredible attention to detail ensuring that all the required pieces are in place on behalfof StepHouse Recovery as we approach the upcoming hearing date to be established. Please feel free to give me a call ifyou have any questions or ifyou need any additional material that may have been overlooked. Respectufully Yours, George Vilagut CEO/President 1 StepHouse Recovery Inc. 714-394-3494 2 Brown,Janet From: Sent: To: SUbject: The 8tephouse [thestephouse@gmail.com] Monday,July 25,201112:02 AM Brown,Janet;Wolcott,Cathy Board of Director's Resolution Miss Brown &MIss Wolcott: I am inthe process of securing the Board ofDirector's Resolution that you have requested from my Registered Agent.This information will include the resolution adopted by the Board ofDirectors ofStepHouse Recovery Inc,demonstrating who has the empowerment to bind the corporation into a contract.I expect to have this information in the next few days and will forward it to you via e-mail. Thank you for your patience and cooperation in advance. Ifyou have any questions regarding any matter,please give me a call. Thank You, George Vilagut CEOlPresident StepHouse Recovery Inc, 714-394-3494 1 Brown,Janet From: Sent: To: Subject: Attachments: The Stephouse [thestephouse@gmail.com] Monday,August 01,2011 12:44 PM Brown,Janet;Wolcolt,Cathy StepHouse Recovery Inc.Resolution Resolution 1 001.jpg;Resolution 2 001.jpg;Resolution 3 002.jpg;resolution 4 001.jpg; Resolution 5 001.jpg;Resolution 6 001.jpg MissBrown &Miss Wolcott: I hope you ladies had a nice weekend.Attached you will find the resoution and the binding consent for StepHouse Recovery Inc. I had asked the company that drew up the resolution to con-ect an error on Page 4 ofthe document,it states "Sacramento"instead of NewpOlt Beach as the city for our principal office.Well,they didn't do a good job,I have contacted them again,for the second time that this needs to be corrected.As soon as I have the correction revised,I will forward the corrected page to you. We want to make certain we are in conformance to all ofyour requirements. Should there be anything else you need,please do not hesitate to contact me.. Respectufully Yours, George Vilagut CEO/President StepHouse Recovery Inc. 714-394-3494 1 ACTION BY WRITTEN CONSENT OF THE SOLE INCORPORATOR OF Stepbouse Recovery Inc., a Califor1lia Corporation, July 22,20II The undersigned,ac!illg as the sole incorporator ofStephouse Recovery Inc.,a California c01110ration (the "Corporation"),does hereby approve and adopt the following resolutions by this written consent (this "Written Consent")pursuant to the laws of the state of California,which shall be effective upon the commencement ofthe Corporation's existence. The following bylaws of the Corporation are hereby adopted:"The Board of Directors ofthe Corporation shall consist oftwo (2).To the extent permitted by law, bylaws ofthe Corporation may be adopted,amended,repealed,and superseded by the Board ofDirectors ofthe Corporation." Each person named below is hereby elected to serve as a director ofthe Corporation until such time as his or her successor is duly elected and qualified. George Vilagut Matthew Harrison TI,e officers ofthe Corporation,as elected by the Corporation's Board of Directors,are authorized and directed to insert a copy ofthis Written Consent in the minute book of the Corporation. The undersigned,the sole incorporator ofthe Corporation,hereby resigns as the incorporator ofthe Corporation,effective immediately folloWing his or her execution of this Written Consent below. IN WITNESS WHEREOF,the undersigned,being the sole incorporator ofthe Corporation,executes this Written Consent as ofthe date set forth above. George Vilagut,Incorporator UNANIMOUS WRITTEN CONSENT IN LIEU OF FIRST MEETING OF THE BOARD OF DIRECTORS OF Stephouse Recovery Inc., a California Corporation The undersiglied,constituting all ofthe members ofStephouse Recovery Inc.the board ofdirectors (the "Board")ofStephouse Recovery Inc.,a California corporation (the "Corporation").in lieu ofholding a meeting ofthe Board,do hereby approve and adopt the following resolutions by this unanimous written consent ("Written Consent") pursuant to the laws ofthe state ofCalifol11ia. Adoption ofBylaws RESOLVED,that the bylaws presented to the Board and attached hereto are adopted as the bylaws of the Corporation ("Bylaws")and amend,restate,and supersede the Corporation'sprior existing bylaws,ifany,in their entirety. StockIssuance RESOLVED,that the Corporation is hereby authorized to issue and sell shares of common stock ofthe Corporation,$0.001 par value (the "Shares"),to each person named below in exchange for the indicated capital contribution listed below. Name ofShareholder George Vilagut Matthew Harrison Number ofShares 825 675 Capital Contribution ($) $75,000.00 (Cash) $75,000.00 (Cash) FURTHER RESOLVED,thalthe consideration to be received for the above- mentioned Shares is adequate and approved,and that,upon receipt ofsuch contribution and final copies ofall appropriate dOCllmentatlon required by Corporation,the officers of the Corporation are hereby authorized to execute and deliver to each person named above a certificate representing the number ofShares set forth above,and such Shares shaH be validly issued,fully paid and non-assessable common stock ofthe Corporation. Election ofOfficers RESOLVED,that the following individuals are hereby elected to serve in the offices ofthe Corporation set forth opposite their respective narnes until their respective successors me duly elected and qualified or their earlier resignation or removal; President: Chief Financial Officer; Secretary; Chief Operating Officer; George Vilagut George Vilagut Matthew Harrison Matthew I-Iarrison Corporate Documents and Proceedings RESOLVED,that the officers ofthe Corporation are hereby authorized and directed to procure all corporate books,books ofaecount and stock books which may be requited by thelawsofCalifornia or ofany foreign jurisdiction in which the Corporation may do business or which may be necessary or appropriate in connection with the business ofthe Corporation. FURTHER RESOLVED,that the officers ofthe Corporation are authorized and directed.to maintain a minute book containing the minutes ofany and all meetings and actions ofthe Board,Board committees and the Corporation's shareholders,together with such other d6cUlllents,including this Written Consent,a~the Corporation,the Board or the Corporation's shareholders shall from time to time direct. FURTHER RESOLVED,that the Secretary ofthe Corporation is authorized and instmcted toinsert a copy ofthe Articles ofIncorporatioll ofthe Corporation as filed in the office ofthe California Secretary ofState and certified by the California Secretary of State and a copy ofthe Bylaws,as each such document is amended from time to time,in the minute book ofthe Corporation. FURTHERRESOLVED,that the Corporation shall have a corporate seal in the form oftwo concentric circles \\1th the name ofthe Corporation between the two circles and the year ofincorporation and California within the inner circle. FURTHER RESOLVED,that the form ofstock certificate has been presented to the Board for review and is hereby approved and adopted as the form stock certificate of the Corporation and the Secretary is directed to insert a specimen ofsuch stock certit1cate in the minute book ofthe Corporation. FURTHER RESOLVED,that the Secretary ofthe Corporation is hereby authorized and directed to insert a copy ofthe Bylaws as amended from time to time in the minute book ofthe Corporation and to see that a copy is kept at the principal executive office for the transaction ofbusiness ofthe Corporation. FURTHER RESOLVED,that all actions taken by the Corporation's incorporator LegaiZoom.com,Inc.and/or its agents,in connection \\1th the fonnation ofthe Corporation are hereby in all respects approved,ratified and affirmed for and on behalfof the COl}Joration. Annual Accounting Period RESOLVED,that until otherwise detemlined by the Board the fiscal year ofthe Corporation shall end on December 31. Principal Executive Office RESOLVED,that the principal executive office ofthe Corporation shall be located at 2927 Paper Lane,Sacramento,California 92660. Bank Account RESOLVED,that the officers ofthe Corporation are hereby authorized to establish an account in the name ofthe Corporation with any federally insured depository institution and complete,execute and deliver any and all documents as may be reasonably required by any such depository institution to establish any such account including,but not limited to,standard signature card andlor fonn banking resolutions. RESOLVED FURTHER,that standard form resolutions as may be reasonably required by any such depository institution to be adopted by this Board in connection with the establishment of such account are hereby deemed adopted as resolutions ofthis Board pursuant to this Written Consent with the same force and effect as ifpresented to the Board and adopted thereby on the date of this Written Consent,as to which the Secretary may certify and that any depository institution that receives a copy of these resolutions from the Corporation that is certified by the Secretary is entitled to rely thereon for all purposes to establish appropriate accounts in Corporation's name until such depository institution is otherwise notified by Corporation. Oualification to do Business RESOLVED,that for the purpose ofauthorizing the Corporation to do business under the Jaws ofany state,territory or possession ofthe United States or ofany foreign country in which it is necessary or convenient for the Corporation to transact business, the officers ofthe Corporation are hereby authorized in the name and on behalfof the Corporation to take such action as may be necessary or advisable to effect the qualification ofthe Corporation to do business as a foreign corporation in any ofsuch states,territories,possessions orforeign countries and in connection therewith to appoint and substitute all necessary agents or attorneys for service ofprocess,to designate or change the location ofall necessary statutory offices,and to execute,acknowledge, verify,deliver,file or cause to be published any necessary applications,papers, certificates,reports,consents to sen'ice ofprocess,powers of attorney and other instruments as may be required by any ofsuch laws,and,whenever it is expedient for the Corporation to cease doing business and withdraw from any such state,territory, possession or foreign country,to revoke any appointment ofagent or attorney for service ofprocess and to file such applications,papers,certificates,reports,revocation of appointment or surrender ofauthority as may be necessary to terminate the authority of the Corporation to do business in any such state,territory,possession or foreign country. RESOLVED FURTHER,that any resolutions which in cOlmection with the foregoing shall be certified by the Secretary ofthe Corporation as having been adopted by the Board pursuant to this Written Consent shall be deemed adopted pursuant to this Written Consent with the same force and effect as ifpresented to the Board and adopted thereby on the date ofthis Written Consent,and shall be included in the minute book of the Corporation. Payment ofExpenses RESOLVED,that the officers ofthe Corporation are hereby authorized and directed to pay all expenses arising out ofthe incorporation and formation ofthe Corporation,including reimbursing any person for such person's verifiable expenses therefor. Agent for Service of Process RESOLVED,that CORPORATION SERVICECOMPANY WHICH WILL DO BUSINESS IN CALIFORNIA AS CSC -LAWYERS INCORPORATING SERVICE, 2730 Gateway Oaks Dr.,Suite 100,Sacramento,Califomia 95833 shall be appointed the Corporation's agent for service ofprocess. Subchapter SElection RESOLVED,that the Corporation shall elect to be taxed as a "small business corporation"under Subchapter S ofthe Internal Revenue Code,as amended and nnder the parallel provisions of the laws ofthe state ofCalifornia and the officers ofthe Corporation are hereby authorized and directed to complete and file all proper and necessary documentation and take all appropriate actions necessary for such election including,but not limited to,obtaining the consent ofeach shareholder ofthe Corporation to such Subchapter Selection. General Authorization RESOLVED,that the officers ofthe Corporation are,and each ofthem hereby is, authorized,empowered and directed,in the name ofand on behalfofthe Corporation,to make all other arrangements and to take all further action,including the payment of expenditures and the preparation ofofficer's certificates or any other documents,as the officer deems necessary or appropriate in order to fully effectuate the purposes ofthe foregoing resolutions. RESOLVED,that any and all actions taken by any officer ofthe Corporation in connection with the matters contemplated by the foregoing resolutions are hereby approved,ratified and confirmed in all respects as fully as ifsuch actions had been presented to the Board for approval prior to such actions being taken. IN WITNESS WHEREOF,the undersigned,being all the directors of the Corporation,execute(s)this Written Consent as ofthe date set forth below. IN WITNESS WHEREOF,this consent bas been executed as ofthe date below. Date:-----+-7-1-1---'-z-~Z-LI-'I..L.-I__ t~/ltv~_ George Vilagut ,!l!~IJ~ Brown.Janet From: Sent: To: Subject: Attachments: Dear Miss Brown, The Stephouse [thestephouse@gmail.com] Wednesday,August 31,20112:16AM Brown,Janet Response To Additional Questions Prior To Public Hearing On 9/30/2011 Page 4 Revised Corporate Resolution 001.jpg StepHouse Recovery Inc.,per our phone discussion,has agreed to be prepared and availabe for the public hearing regarding our request for a "Reasonable Accommodation Pennit"on Friday afternoon Sept 30th.We want to thank the City ofNewport Beach and yourselffor this opportunity to demonstrate our committment in abiding to the terms and conditions that are set forth for extended residential care homes in Newport Beach. I am also including for your records a response to your inquiries so that you may properly report and infonn your staff. I.I've attached a con'ected resolution page with the proper corporate address. 2.When we administer a drug screen test for a client,the drug screening kit is treated as medical waste, reinserted into it's original packaging and sorted in a special storage bag.It is then tied down and on a weekly basis driven and delivered the Costa Mesa Sanitary District at 628 19th Street Costa Mesa CA 92627. 3.MZ~~;of our resident clients are in the early part oftheir recovery and transitioning from a primary treatment facility.StepHouse Recovery provides a company van for all client transportation needs, therefore clients generally do not have the need to drive a vehicle.Currently we have zero clients that have a vehicle.No vehicles parked on the street,only the company van parked in the driveway. 4.The individual,Tim F.,whose agreement expired on 5/15/11 has since then accepted a employment position with StepHouse Recovery as Houseparent.The other client in question,Chris A.,whose agreement ends on 9/7/1 1 plans on renewing with us for tenns on a month/month basis.Under such renewal circumstances, StepHouse Recovery does not require a resigned contract. Please feel free to contact me regarding any further inquiries you may come across. Respectfully Yours, George Vilagut President/CEO StepHouse Recovery Inc. 7143943494 thestephouse@gmail.com 1 Principal Executive Office RESOLVED,thatthe principal executive office ofthc Corporation shall be locatcd at 2927 Paper Lane,Newport Beach,California 92660. Bank Account RESOLVED,that the officers ofthe Corporation are hereby authorized to establi.sh an acc()unt in the name ofthe Corporation with any federally insured depository institution atld complete,execute and deliver any and all documents asmay be reasonably required by anysuchdepositoryinstitution to establish any such account including,but 110t limited to,standard signaltlre card and/or form banking resolutions. RESOLVEDFURTHER,tbat standard form resolutions as may be reasonably required by any such depository institution to bea<:lopted by this Boardin conne.ction with the establishment ofsuch account are hereby deemed adopted as resolutions of this Boaril pursuant to this Written Consent \:Vith the same force andeffect as ifpresented to the Board and adopted thereby on the .date of this Written.Consent,as.to which tb.e Secretary lnay.certify.and that.any depository institution that receives a copy oftbese .resolutions fr0111.the Corporation that is certified by the Secretary is entitled to rely thereon for all purposes to establish appropriate accounts in Corporation's name until such depository institutionis otherwise notified by Corporation. Qualification to do Business RESOLVED,that for the purpose ofauthorizing the Corporation to do business under the Jaws ofany st1tc,twitory or possession ofthe United States or ofany foreign country in which it is necessary or convenient for the Corporation to transact business, the officers ofthe COlporation are hereby authorized in the name and on behalfoftbe Corporation to take such action as may be necessary or advisable to effect the qualification ofthe Corporation to do business as a foreign corporation in any ofsuch states,territories,possessions or foreign cotmtries and in connection therewith to appoint and substitute allneccssary agents or attorneys for service ofprocess,to designate or CJlange the location ofall nccessary statutory offices,and to execttte,acknowledge, verify,deliver,file or cause to be published any necessary applications,papers, certificates,reports,consents to service ofprocess,powers ofattomey and otllcr instruments as mayb.e required by any ofsuch laws,and,whenever it is expedient for the Corporation to.cease doing business and withdraw from any such state,teuitory, possession or foreign counuy,to revoke any appointment ofagent orattomey for service ofprocess and to file such applications,papers,certificates,reports,revocation of appointment or surrender ofauthority as may be necessary to tenninate tlle authority of the Corporation to do business in any such state,territory,possession or foreign couutry. Brown,Janet From: Sent: To: Subject: Janet, The Stephouse [thestephouse@gmail.com] Tuesday,September 20,2011 1:35 PM Brown,Janet StepHouse Recovery Operations Update Effective Sept 1st,2011 It was nice talking to you in advance ofour scheduled hearing for a reasonable accomodation pennit scheduled for Sept 30 at 3pm. StepHouse Recovery Inc.has added a third location at 2102 Canyon Circle in Costa Mesa Ca 92626.This home is a men's executive extended care facility catering to clients who have a need for recovery.Matthew Harrison has moved to this location and has been replaced by a fonner client Tim Fisher who is now the Houseparent at 2927 Paper Lane inNewport Beach,CA. Please feel free to give me a call ifyou have any other questions. Respectfully Submitted, George Vilagut StepHouse Recovery CEOlPresident 7143943494 1 Hearing Officer Attachment F Rental Agreement between StepHouse and Property Owner StepHouse Recovery,Inc. Friday,July 1",2011 Kimberly Brandt AICP Community Development Director Community Development Department Planning Division 3300 Newport Boulevard Building C Newport Beach,CA 92663 Dear Miss Brandt, RECEIVED BY PLANNING DEPARTMENT JUL 07 2011 CITY OF NEWPORT BEACH This letter acts to inform you that Daniel Henry,owner of the residence located at 2927 Paper Lane has provided me with a waiver for the Occupants And Guests,Assignment And Subletting, Use Of Premises conditions of the lease so that I may use the residence to operate the StepHouse Recovery Inc,business. If you have any questions regarding the waiver that Daniel Henry has furnished me,he has asked for the City of Newport Beach to call him directly at 949-500-8666. Respectfully Yours, ~guV~ CEO/President StepHouse Recovery,Inc. 714-394-3494 2927 Paper Lane Newport Beach,CA 92660 \vww.stephouserecovery.com RENTAL AGREEMENT This agreement is entered into this 19 Day ofApril 20 Io. Owner:Daniel S.Henry Tenant:George James Vilagut In consideration fur their mutual promises agree as follows: Owner rcnts from tenant and tenant rents from owner the premises known as: Street:2927 PAPER LANE City:NEWPORT BEACH,California 92660 In the event owner or owner's agent is unable to deliver possession ofthe premises to the tenant for any reason,including but not limited to,failure ofthe previous tenant to vacate or partial or complete destruction ofthe premises,tenant shall have the right to terminate this agrcement.In such event,owner or owner's agent's liability to tenant shall be limited to the return ofall sums previously paid by tenant to owner. AGENCY DISCLOSURE:Daniel Henry is the exclusive agent ofthe owner (lessor).This means a fiduciary duty of utmost care,integrity,honesty and loyalty in dealing with the owner. TENANCY:(X)This is a twelve (12)month lease beginning May I,2010 and ending April 30, 2011. RENT:Rent id due in advance,on the first day ofeach and every month in the sum ofTwo Thousand Eight Hundred Dollars ($2,800.00)per month.A late charge in the amount of $175.00,will be charged for any rent received after the 3rd calendar day of any rent due date.Ifrent due is not paid by the 3'd calendar day,after rent due date,a 3-Day Notice to Pay Rent or Quit will be issued and eviction proceedings initiated.Tenant agrees to have rent deposits made by ACH deposit to his Jp Morgan Chase Account.Tenant will electronically transfer rent between his banking institution and the owners.Residents will be charged for preparation and service of any notice,due to non-compliance with the terms ofthis rental agreement in the amount of$100.00 per service.This charge will become due and payable immediately and may also be deducted from the resident's security deposit. Page 1 of 9 RENT PRORATION:In Conjunction with the signing ofthis lease rent in the amount of $2,800.00 has been rcceived,representing rent from May I-May 3 1,2010.$2,800.00 has also been received representing the last month's rent ofthis lease or renewal of this lease.whichever is later.Tenant will be givcn early possession ofthe house effective April 19,20 IO. PA YMENT OF RENT:Rent shall be deposited by, (ACH),or taken to a lP Morgan Branch for direct deposit at tenant's option.Checks shall be made payable to Daniel S,HeIllY.Post-dated checks and two-party checks will not be accepted.Payment must be from the signers of the rental agreement.Deductions made from rents without written permission ofthe owner will be considered unpaid rent and will subject tenant to a late charge in the amount specified above. Tenants making a paItial payment of rent will still be subject to the latc charge specified above. LATE RENTS:Rent can be deposited into be paid by cashier's check or money order.Rcsidents understand and agrce that owner or owner's agent will apply all moneys rcceived,first to unpaid rcnt and handling charges,unpaid maintenance charges,fines,unpaid utility charges duc by residents,unpaid sccurity deposit and attorncy's fces,second to any past duc rent and third to any current rcnt due or coming due. PLACE WHERE,WRITTEN NOTICES AND/OR WRlTIEN COMMUN1CATIONS ARE TO BE SENT OR PERSONALLY DELIVERED:. Daniel S.Henry P.O.Box 10639 Newport Beach,CA 92658-8685 (949)500-8666 RETURNED CHECKS:In the event a check is returned by the bank for any reason (non- sufficient funds,stopped payment,etc.)Tenant agrees: (a)To replace the returned check with a cashier's check within 24 hours. (b)To pay a thirty dollar ($50.00)returned check charge with the replacement cashier's check/money order. (c)To pay a late charge in accordance with rent paragraph. (d)To pay all future rents with a cashier's check or money order after the first returned check. Pagc 2 of9 SECURITY DEPOSIT:Owner acknowledges receipt of $2,800.00 as security deposit.Within 21 days after resident vacates,owner or owner's agent will furnish tenant a security dcposit statement,itemizing any deductions,with a refund of the remaining amount. Tenant undel'stands that thc secul'ity deposit is 1I0t last month's rent and that tenant will be I'esponsible for any and all unpaid relit at the time of vacating the premises. UTILITIES:Tenant shall pay for all utilitics made payable or predicatcd upon occupancy of tenant. OCCUPANTS AND GUESTS:Premises shall be occupicd only by thc following persons. Occupancy by anyone other than the following persons for more than (14)nights shall constitute a breach of this agrcement unless prior written consent is given in writing by owner or owner's agent: DOB: ASSIGNMENT AND SUBLETTING:No portion ofthe premises shall be sublet nor this agreement assigncd.Any attemptcd subletting or assignment by tenant,at the election ofowner, shall be a breach of this agreement. INVENTORY:A stove,microwave and dishwashcr are included in this rental agreement.Any other appliance is not included in this rcntal agrcement.If a refrigerator is on thc prope11y,the owner or owner's agent will not maintain or repair the same,it being the obligation ofthe tenant to do so.Furnace Filters can be found in the utility closet and should be replaced by tenant every 6-8 month.Call owner ifinstructions are needed on how to change filtcr. In the garage,tenant shall not remove or relocate I roll of carpeting,dishwasher or attic stock for the property including,paint cans,tilc or other items in garage cabinets.All other areas ofthe garage tenant may use as they see fit. PROPERTY CONDITION:The tenant takes possession to the property in "as is"condition.The tenant and the owner or owner's agent have agreed on the rent in consideration ofthe tenant taking the premises in "as is"condition,both inside and outside the building,and on the tenant's promise to make any cosmetic rcpairs to the prope11y,(excluding habitability items)so that it is livable for the tenant,and on the promise that the tenant maintain the property in good condition. Any service calls for plumbing or drain related problems shall be paid fully by residents,unless problem is directly caused by roots.Should plumbing problems arise due to normal wear and tear landlord will remedy at his expense. Page 3 of9 ALTERNATIONS AND REPAIRS:Exccpt in the event of an emergency,no rcpairs,decorating or alterations shall be done without owner's or owner's agent prior written consent.Tenant shall notify owner or owner's agent in writing ofany repair or alteration contemplated.Decorations include but are not limited to,painting,wallpapering,and hanging of murals or posters.Tenant shall hold owner and owner's agent harmless as to any mcchanics lien or recordation causcd bv tenant and agrecs to indcmnifY owner or owncr's agent by producing a bond in thc event ofany such claim or proceeding.Tenant agrecs that all improvements installed on the premiscs,including landscaping,carpet,drapes etc.,and shall remain with the propeliy upon termination ofthe rental agreemcnt at no cost to the owner. PETS:No pets such as birds,animals,fish,except traincd dogs needed by blind,deafor physically disabled persons,shall be kept on the premises without the written consent ofthe owner or owner's agent. Any consent so given,may be withdrawn,if,in thc opinion of the owner,such pets causes a nuisance,causes complaint from neighbors,or otherwise adversely affect the normal maintenance ofthe property.Pets shall primarily be kept outside so no pet odor is created on the inside ofhome. WINDOWS:Any broken windows,ripped or bent screens shall be replaced at tenant's expense. FIREPLACES:Tenants are to have all fireplaces,flues and chimney professionally inspected and cleaned as necessary.Tenant understands that fireplaces can be dangerous when they are dirty from continuous use,when burning paper 01'the wrong types of wood,when storing or replacing items next to a burning fil'e,01'when left unattended,You should never try to burn Christmas trees,paper products and/ol'milled,treatcd or painted wood products.Watch out for chimncy fires,if you see any flames coming from the top of the chimney you need to call 911,01'the fire department. SMOKING:Tenants understand that there shall be no smoking on the inside ofthe home. Smoking stains the interior paint and ceiling and causes an odor in the home.Tcnant shall pay owner,at owner's discretion an amount not to exceed $1,500 to have the interior repainted and fumigated. SMOKE DETECTOR:A smoke detector is in place and was tested during walk-through inspection.Tenant has inspected,has tested all smoke detectors prior to the execution ofthis rcntal agreement and found them to be in good working condition.Tenant agrees to test detector at lcast once per week.If thc dctector is battery powcred,tcnant agrees to rcplace the battery as needed.After replacing the battcry,if the smoke detector sill does not work,tenant agrces to inform O\mer or owner's agent immediately in writing.If the detector is not battery powered, tenant agrees to notify owner or owner's agent immediately of any malfunctions.Tenants agree to hold owner and owner's agent harmless from any liability whatsocver for damages to people or property that may arise,or allege to have arisen as a result offailure ofa smoke detector during the term of this rental agreement. Page 4 of9 SEVERABILITY:If any provision ofthis agreement or its application is held invalid,it willnol affect other provisions or applications herein,which can be given effect without the invalid provision or application,To this end all provisions ofthis Rental Agreement are severable, MOVE OUT INSPECTION:Ifthe tenant schedules a move out inspection and the property is not ready for the move-out inspection at the agreed upon time,tenant agrees to pay a $100,00 trip charge,"Ready"means that thc tenant is completely moved out,all repairs,cleaning and landscaping are complete,and the electricity and gas are on, MOVE IN INSPECTION:Owner or owner's agent has performed a detailed move-in inspection,Tenant agrees to inspect property thoroughly before executing this agreement and note any items (i,e.:broken glass,damaged items etc.)under rental agreement additional provision in this document.The tenant will also have an additional 7 days to report in writing any discrepancies to the owner's agent,which may be discovered.In the event no such written notice is received the premises will have been assumed to be in good condition with any exceptions noted in the additional provisions section ofthis agreement. USE OF PREMISES:Premises shall be used as a residence only.Operating a business (auto repair,handyman,house cleaning,etc.)from this property is prohibited.Tenant shall not violate any governmental law in use ofpremises,commit waste or nuisance,annoy,molest,or interfere with any other tenant or neighbor.Day care operators must be licensed,must provide proofof liability insurance in the amount of$300,000,must name the owner and owner's agent as additional insured under the policy with a waiver ofsubrogation rider/endorsement.Security deposit will be increased to (2)month's rent.Tenant shall not display any sign or exhibit on the prenuses. CARS:Any vehicle that is parked on the premises that is not in running condition,without motor or otherwise not currently registered,for more than 3 days may be towed offpropeliy at tenant's expense.Tenants will not allow or permit repair work to automobiles,motorcycles,etc.,to be conducted on or any part ofthe property or surrounding residence. CARPETSIDRAPES:Upon moving out ofthe premises,carpets are to be professionally steam cleaned,using the hot water extraction method by a professional carpet cleaning service. Tenant's security deposit account will be charged for carpet cleaning.Additional carpet cleaning expenses will be charged to tenant for carpet deodorant and de-fleaing if pets are involved.Dry cleaning ofdrapes is mandatory ifsoiled or iftenants smoke. HOLD HARMLESS AND WAIVER:NO INSURANCE IS PROVIDED BY OWNER FOR TEANANT'S PERSONAL PROPERTY.Tenant agrees to indemnify and hold owner and owner's agent harmless and in no way accountable for any liability for personal il~ury or property damage caused or permitted by tenant or any other person on the premises with tenant's consent.Tenants should earry "Renter's Insurance"and al'e awal'e that owncr's insurance covemgc does not carry damage to tenant's peI'sonal belongings.Tenants agrcc to hold owner and owner's agent harmless from claims,dcmands,damagcs 01'liabilil)'arising out of thc prcmiscs causcd by 01'pennittcd by tenants,tenant's family,cmployees and/or guests. Page 5 of9 DAMAGE TO PREMISES:If the premises is so damaged by fire,disaster or any other cause to render them uninhabitable,then either party shall have the right to terminate this rental agreement as ofthe date on which such damage occurs,through written noticc to thc other party. to be given within 15 days after the occurrence ofsuch damage,except that should such damage occur as a result of the abuse or negligence oftenants,or tenants guests,then owner only shall· have the right to termination.Should this right be exercised by either party,then rent shall be charged only to the date damage occurred and any prepaid rent or unused security deposit shall be refunded to the residents.If this rental agreement is not terminated,then owner shall promptly repair the premises,with any rent reduction to be agreed upon prior to the repairs being startcd. RIGHT OF ENTRY:Upon not less than 24 hours advance notice,tenants shall make the premises available during normal business hours to owner or owner's agent,for the purpose of entering: (a)To make necessary agreed repairs,decorations,alterations or improvements or to supply necessary or agreed services and/or: (b)To show the premises to prospective or actual purchasers,bank or mortgage lenders,tenants, insurance agents,contractors or any other person owner or owner's agent deems appropriate.In an emergency,owner or owner's agent may enter the premises at any time without accruing prior permission fi'om tenants for the purpose ofmaking corrections or repairs to alleviate such emergency. WAIVER BY OWNER:The waiver ofowner or owner's agent ofany breach shall not be construed to be continuing waiver ofany subsequent breach.The receipt by the Owner ofrent with the knowledge ofany violation ofa covenant or condition hereto shall not be deemed a waiver ofsuch breach.No waiver by Owner or Owner's agent ofthe provisions herein shall be deemed to have been made unless expressed in writing and signed by owner. WATERBEDS:Iftenant owns a waterbed,tenant agrees to provide owner or owner's agent with a copy ofwaterbed insurance naming owner and owner's agent as additional insured within 10 days ofoccupancy.Should tenant fail to do so,this will constitute a breach of this rental agrecment. Page 6 of9 MULTIPLE OCCUPANCY:Tenant acknowledges that this rental agreement is between owner and the resident executing this rental agreement,jointly and severally. TERMINATION Of TENANCY:Except as provided by law or as set forth in this agreement, this lease agreement may be terminated by either party after the lease term by service upon the other of a written 30-Day Notice ofTermination ofTenancy.Tenant agrees to pay rent through the 3D-day Notice period or the date ofsurrender ofall keys to the propelty,whichever occurs later.Any holding over past the 3D-Day Notice shall result in Tenant being liable to owner for "rental damage"at the rate of l.5 times the contract rent or $140.00 per day. ATTORNEY FEES:The prevailing party in any legal action brought for the recovery of rent or other moneys due or become due or to become due under this rental agreement or by reason ofa breach ofany covenant,provision or clause herein contained for the recovery of possession of said premises,or to compel the performance ofanything agreed to be done herein or to recover the damages to said property or to enjoin,any act contrary to the provision including,but not limited to,shall be entitled to reasonable attorney fees and costs.If any dispute arises regarding this rental agreement,owner and tenant agree to waive all rights to a jury trial.Both pmties acknowledge this consent and understand its ramification. INSPECTION OF THIS AGREEMENT BY COUNSEL:The tenant understands and has been given the oppOltunity to have this agreement reviewed by an attorney.If any provision of this agreement is not understood,we urge you to have it explained to you by a legal professional, before signing. YOUR CREDIT STANDING:is one ofyour greatest assets-only you can earn it and protect it. To maintain a good credit rating,all payments should be made on or before the due date specified in this rental agreement.As required by law and pursuant to Civil Code section 1785.26,you are hereby notified that a negative credit rating may be submitted to a credit repolting agency ifyou fail to fulfill the terms ofyour credit obligation with us.A negative credit rating will appear on a credit repOlt and may affect your ability to borrow or rent in the future. LEAD BASED PAINT WARNING:The propelty you are renting was built before 1978. Housing built before 1978 may contain lead-based paint.Lead form paint,paint chips and dust can pose health hazards ifnot taken care ofproperty.Lead exposure is especially harmful to young children and pregnant women.The owner has no knowledge oflead-based paint and/or lead-based paint hazards in the unit.Tenant has received the form Disclosure ofInformation 0/1 Lead-Based Paint Hazards and the pamphlet Protect your Family.li·om Lead in your Home. Pagc7of9 GOVERNMENT LAWS:All government,city and state laws and ordinances shall bc complicd with by tenant.Should a fine or corrective notice be found cited against the property as a result ofa breach ofany part ofthis rental agreement,tenant agrees to pay for such fines and corrective action at tenants sole eost and expense. RIGHTS AND REMEDIES:The parties to this agreement shall have all rights and remedies afforded them by the laws ofthe State ofCalifornia or any local government therein. KEYS:Owner or owner's agent to retain keys to the propeliy.Ifthe tenant changes the locks, this work shall be done by a licensed locksmith tenant shall furnish a duplicate set ofkeys to the owner or owner's agent within five (5)days.If tenant fails to do so,owner may immediately obtain the services ofa locksmith to make sueh duplicate set and charge all costs to tenant. Tenant hereby accepts one key.Should keys not be returned the day ofvacating the premises, tenant agrees to pay ($75.00)to re-key unit.Tenant has been furnishcd with 2 keys and 1 garage door opencr for property. TRASH:Iftenant has trash that exceeds the normal pick up,tenants are to arrange to have it hauled away.No excessive trash is to be left on the propeliy at any time. LANDSCAPING:A gardener paid by owner is included in this lease.Tenant agrees to water and rear landscaping of property at all times at their cost and expense.This means watering yard at every other day. INTERPRETATION OF CONTRACT:Tenant does not X need an interpreter and can-- understand the rental agreement. RENTAL AGREEMENT ADDITIONAL PROVISIONS:All rent stmiing June 1,2010 shall be deposited via (ACH)transfer.JP Morgan Chase Routing#322271626...Account#398-2089315 Daniel S.Henry Page 8 of9 The undersigned tenant acknowledges having read and understood the abovc rental agreemcnt priOl'to execution and received a copy thel'cof,This agl'ccment and any supplement 01'modification relating hel'eto,including a photocopy of facsimile thereof, may be executed in two 01'more countel'parts,all ofwhich shall constitute one and the same writing, George James Vilagut OWNER:_cm_-=-_~----,-__-I:--'<-_ Danicl S. Date:_Lf-'--l-/_1tj-J.--/I_O_ Date:_I.._f_II_~-,-I_J()__ Page 9 of9 Page 9 of9 This agre~ment is entered imc,fOii;30 Day ofMarch 2011 OWL~r:Daniel S,Hemy Ten,"E:GeorKe James VilagT In con,ideration for their mUlUa~pwoises agree as follows: Owr.~r re:1ews the original lease a~re,~ment dated April 19,20 10 from May I,20II thrOU;;:l and until ,~pril 30,2012 tel'the the 1:"::11:ses kJLO\\11 as: Street:2927 PAJ'ER LANE Cicy:NEWPORT BEACH,California 92660 There will be"change in the :'oJowing teuns ofthe lease dated April 19,2010 as follows: (a)Rent:Due in advance,on the ilrst day ofeach and every month in the sum c.fTwo Thousand Eigln Hundred c;,ev,~nty-Five($2,875,00)per month, Excep:as notd in tU,pJ,mgraph a:.J terms and conditions ofevery kind and nature, includin§;addendums,in tho original lease agreement dated April 19,2elO remaip-in full force lod effect and are :Jlc0fpc-rated by reference into this renewal document. The undersigned tenant aclljJl(lwledges huving read and nnderstood the above lease renewal agni,lIllent praor to execution and received a copy thereof.This agreement and any supplt,ment or modiI1catioll rdating uerHo,including a photocopy offacsimile ther~of, may be executed in two or more COlllll<lI'parts,all ofwhich shall constitute one and tJt.e sam ~writing.Ten:Lnt:_12.d~&lL:f~~1i-l{A~_C Date:J 13//1(_ GeOl'gil James Vilagn1 411\\\ Hearing Officer Attachment G StepHouse Client Rental Agreements Stephouse Recovery,Inc. Client Rental Agreements Received 7/7/11 Our mission is to be the premier provider ofextended care housing by providing an alcohol-and drug-free residence in a clean,safe and suppOliive environment.Our residents will be adult alcoholics and addicts who arc motivated to continue their recovery,committed to staying sober,and agree to remain active in their recovery program. Prospective Residents 1.Qualifications -To be considered for admittance,prospective residents shall possess the following:a desire to stay sober,ability to get along with others,agree to abide by all house rules,a willingness to work their program,and the ability to meet financial requirements. 2.Screening -All prospective residents shall pass an interview with at least one Stephouse Recovery Ine.coordinator.Photo identification must be available. Verification offinancial responsibility may be required.Ifapplicant does not meet requirements for admission,they will be referred to the Stephouse RecovClY Inc. Network referral number at 800-799-2084. 3.Application form - A copy ofthe new resident application form must be completed in its entirely.The Stephouse RecovelY Inc.reserves the right to contact and/or verify any reference provided on the application form.A copy ofthe completed and signed application form,the signed Guest agreement,criminal history verification form,and a copy ofthe resident's photo identification shall be placed in the resident's file. The Stephouse Recovery Inc.accepts individuals with drug and/or alcohol dependencies who are clean and sober,at least 18 years ofage,not a danger to themselves or to others and who are ambulatory and can take care ofthemselves.Prospective clients must be involved in a 12-step program oftheir choice and be active in their recovelY. The Stephouse Recovery Inc.will not deny membership to anyone on the basis ofrace,ethnic background,national origin,creed,religious affiliation,marital status or sexual orientation. The Stephouse guests are required to maintain their admission requirements throughout their stay and submit to random testing and adhere to The Stephouse rules. The Stephouse Recovery Inc. 2927 Paper Lane Newport Beach,CA 92660 (714)394-3494 •(714)528-7858 www.Stephouserecovely.com 1 IIlL'IllHlt:rsigncd acknowledges and understands that he is living in an alcohol and other drug-free shared housing,managed by the residents living together as a family ofpersons with disabilities.The undersigned underswnds that they reside in a congregate housing situation and not in an exclusive unit or space.The undersigned understands they do not reside as a tenant with rights or possession ofhousing space exclusively unlil 11/15//2010. The undersigned resident agrees to participate in and abide by the policies,rules and regulations 01 The Stl'phollse Recovery Inc.The undersigned agrees to vacate from the shared housing accommodations when alcohol and/or illicit drugs are lIsed or by not abiding these cardinal rules. TI,,'undersigned agrees to pay a shared housing fee of $/30 Days,for 180 days from date of contract.I:ec payments are non-refundable.Resident fees include utilities and maintenance service,The mOilthly shared hOllsing fee is due the Ist day ofevery month,may be pro-rated dependellt UpOIl admillanee.There will he a $25 "day laic fee "ssessed after Ihe 51h of Ihe month. :\11 residents agrce lo the following cardinal rulcs as a condition ofresidency: I.Remain aleohol and olher drug free.This includes selling,possession,or consumption. Physical "nd mcntal health medication drugs are allowed but musl be included in the residenl applieation. 2.No violence or threats ofviolence or the possession ofweapons. J.Maintain their space in a clean,healthy,orderly and safe manner. 4.Smoking is permitted in designated areas only. 5.Absolutely no fraternizing with other house guests or Stephouse Recovery Inc.cmployees. All spaces are properly furnished "nd are kept clean and orderly.The Stephouse Recovery Ine.man"ges the util itl'lISC,furnishings,Illaintenance,and upgrade ofall lodging spaces.Each resident provides their OWIl !(){)d,toiletries,electronics and personal needs.. The undersigned rcleases the Management and Thc Stephouse Recovcry Inc,from any liabilily rd"led 10 thc condilions of the agrcement. 2 Our mission is to be the premier provider of extended care housing by providing an alcoho1-and drug-free residence in a clean,safe and suppOltive environment.Our residents will be adult alcoholics and addicts who are motivated to continue their recovery,committed to staying sober,and agree to remain active in their recovery program. Prospective Residents 1.Qnalifications -To be considered for admittance,prospective residents shall possess the following:a desire to stay sober,ability to get along with others,agree to abide by all house rules,a willingness to work their program,and the ability to meet financial requirements. 2.Screening -All prospective residents shall pass an interview with at least one Stephouse Recovery Inc.coordinator.Photo identification must be available. Verification offinancial responsibility may be required.Ifapplicant does not meet requirements for admission,they will be referred to the Stephouse RecovelY Inc. Network referral number at 800-799-2084. 3.Application form-A copy ofthe new resident application form must be completed in its entirety.The Stephouse Recovery Inc.reserves the right to contact and/or verify any reference provided on the application form.A copy ofthe completed and signed application form,the signed Guest agreement,criminal history verification form,and a copy ofthe resident's photo identification shall be placed in the resident's file. The Stephouse Recovery Inc.accepts individuals with drug and/or alcohol dependencies who are clean and sober,at least 18 years ofage,not a danger to themselves or to others and who are ambulatOly and can take care ofthemsclves.Prospectivc clients must be involved in a 12-step program oftheir choice and be active in their recovely. The Stephouse Recovery Inc.will not deny membership to anyone on the basis ofracc,ethnic background,national origin,creed,religious affiliation,marital status or sexual orientation. The Stephouse guests are required to maintain their admission requirements throughout their stay and submit to random testing and adhere to The Stephouse rules. The Stephouse RecovelY Inc. 2927 Paper Lane Newport Beach,CA 92660 (714)394-3494 •(714)528-7858 Ww\v.Stephouserecovely.com The undersigned acknowledges and understands that he is living in an alcohol and other drug-free slwred housing,managed by the residents living together as a family of persons with disabilities.The undersigned understands that they reside in a congregate housing situation and not in an exclusive unit or space.The undersigned understands they do not reside as a tenant with rights or possession of housing spacc exelusively until 2/11120 I I. The undersigned resident agrees to participate in and abide by the policies,rules and regulations oj The Slcpholisc Recovery Inc.The undersigned agrees to vacate from the shared housing accommodations when alcohol andlor illicit drugs are used or by not abiding these cardinal rules. The undersigned agrees to pay a shared honsing fee of$130 Days,for one year f!'Om dat(·of contrad.Fcc paymcnts arc non-refundable.Resident fees include utilities and maintenance service.The n"",thly shared housing fee is due the Ist day ofevery month,may be pro-rated dependent upon admittance.There will be a $25 a day late fee assessed after the 5th ofthc month. ;\11 residents agree to the following cardinal rules as a condition of residency: I.Remain alcohol and other drug frec.This includes selling,possession,or consumption. Physical and mental health medication drugs are allowed but must be included in the resident application. 2.No violence or threats ofviolcnce or the possession of weapons. 1.Maintain their space in a clean,healthy,orderly and safe manner, '1.Smoking is permilled in designated areas only, 5.I\hsolutely no fraternizing with other house guests or Stephouse Recovery Inc.employees. 1\11 spaces arc properly furnished and are kept clean and orderly.The Stepimuse Recovery Inc.manages the utility usc,furnishings,maintenance,and upgrade ofaJllodging spaces.Each resident provides their own food,toiletries,electronics and personal needs.. The undersigned releases the Management and The Stephouse Recovery Inc,from any liability related to the conditions of the agreement Nall1" ,- 2 Date WI20IL_ Our mission is to be the premier provider ofextended care housing by providing an alcohol-and drug-free residence in a clean,safe and suppOltive environment.Our residents will be adult alcoholics and addicts who are motivatcd to continue their recovery,committed to staying sober,and agree to remain active in their recovery program. Prospective Residents I.Qualifications -To be considered for admittance,prospective residents shall possess the following:a desire to stay sober,ability to get along with others,agree to abide by all house rules,a willingness to work their program,and the ability to meet financial requirements. 2.Screening-All prospective residents shall pass an interview with at least one Stephouse Recovery Inc.coordinator.Photo identification must be available. Vcrification offinancial responsibility may be required.Ifapplicant docs not meet requirements for admission,they will be referred to the Stephouse Recovery Inc. Network referral number at 800-799-2084. 3.Application form - A copy of the new resident application form must be completed in its entirety.The Stephouse Recovel)'Inc.reserves the right to contact andlor verify any reference provided on the application form.A copy ofthe completed and signed application form,the signed Guest agreement,criminal histOly verification form,and a copy ofthe resident's photo identification shall be placed in the resident's file. The Stephouse RccovelY Inc.accepts individuals with drug andlor alcohol dependencies who are clcan and sober,at least 18 years of age,not a danger to themselves or to others and who are ambulatory and can take care ofthemselves.Prospective clients must be involved in a I2-step program of their choice and be activc in their recovery. The Stephouse RecovelY Inc.will not deny membership to anyone on the basis ofrace,ethnic background,national origin,creed,religious affiliation,marital status or sexual orientation. The Stephouse guests are required to maintain their admission requirements throughout their stay and submit to random testing and adhere to The Stephouse rules. The Stephouse Recovery Inc. 2927 Paper Lane Newport Beach,CA 92660 (714)394-3494 •(714)528-7858 www.Stephouserecovery.com 1 ALCOHOL AND DRUG-FREE RESIDENT AGREEMENT The undersigned acknowledges and understands that he is living in an alcohol and other drug-free shared housing,managed by the residents living together as a family ofpersons with disabilities.The undersigned understands that they reside in a congregate housing situation and not in an exclusive unit or space.The undersigned understands they do not reside as a tenant with rights or possession ofhousing space exclusively unti13/7//2011. The undersigned resident agrees to pa'ticipate in and abide by the policies,rules and regulations ofThe Stephousc Recovcry Inc.The undersigned agrees to vacate from the shared housing accommodations when alcohol and/or illicit drugs are used or by not abiding these cardinal rules. The undersigned agrees to pay a shared housing fee of$1/30 Days,for 180 days from date of contract.Fee payments are non-refundable.Resident fees include utilities and maintenance service.The monthly shared housing fee is due the Ist day ofeve,y month,may be pro-rated dependent upon admittance.There will be a $25 a day late fee assessed after the 5th of the month. All residents agree to the following cardinal rules as a condition ofresidency: 1.Remain alcohol and other drug free.This includes selling,possession,or consumption. Physical and mental health medication drugs are allowed but must be included in the resident application. 2.No violence or threats ofviolence or the possession ofweapons. 3.Maintain their space in a clean,healthy,orderly and safe manner. 4.Smoking is permitted in designated areas only. 5.Absolutely no fraternizing with other house guests or Stephouse RecovClY Inc.employees. All spaces are properly furnished and are kept clean and orderly.The Stephouse Recovery Inc.manages the utility use,furnishings,maintenance,and upgrade ofall lodging spaces.Each resident provides their own food,toiletries,electronics and personal needs.. The undersigned releases the Management and The Stephouse Recovery Inc,from any liability related to the conditions ofthe agreement. 3/7/2011 Name Signature - .n 2 Date Our mission is to be the premier provider ofextended care housing by providing an alcohol-and drug-free residence in a clean,safe and suppOliive environment.Our residents will be adult alcoholics and addicts who are motivated to continue their recovery,committed to staying sober,and agree to remain active in their recovery program. Prospective Residents I.Qualifications -To be considered for admittance,prospective residents shall possess the following:a desire to stay sober,ability to get along with others,agree to abide by all house rules,a willingness to work their program,and the ability to meet financial requirements. 2.Screening-All prospective residents shall pass an interview with at least one Stephouse Recovmy Inc.coordinator.Photo identification must be available. Verification offinancial responsibility may be required.Ifapplicant does not meet requirements for admission,they will be referred to the Stephouse Recovery Inc. Network referral number at 800-799-2084. 3.Application form -A copy ofthe new resident application form must be completed in its entirety.The Stephouse Recovery Inc.reserves the right to contact and/or verify any reference provided on the application form.A copy of the completed and signed application form,the signed Guest agreement,criminal history verification form,and a copy ofthe resident's photo identification shall be placed in the resident's file. The Stephouse Recovery Inc.accepts individuals with drug and/or alcohol dependencies who are clean and sober,at least 18 years ofage,not a danger to themselves or to others and who are ambulatory and can take care of themselves.Prospective clients must be involved in al2-step program oftheir choice and be active in their recovery. The Stephouse RecovelY Inc.will not deny membership to anyone on the basis ofrace,ethnic background,national origin,creed,religious affiliation,marital status or sexual orientation. The Stephouse guests are required to maintain their admission requirements throughout their stay and submit to random testing and adhere to The Stephouse rules. The Stephouse Recovery Inc. 2927 Paper Lane NewpOli Beach,CA 92660 (714)394-3494 •(714)528-7858 www.Stephouserecovely.com 1 ALCOHOL AND DRUG-FREE RESIDENT AGREEMENT The undersigned acknowledges and understands that he is living in an alcohol and other drug-free shared housing,managed by the residents living together as a family of persons with disabilities.The undersigned understands that they reside in a congregate housing situation and not in an exclusive unit or space.The undersigned understands they do not reside as a tenant with rights or possession of housing space exclusively until 4/1//201 I. The undersigned resident agrees to participate in and abide by the policies,rules and regulations ofThe Stephouse Recovery Inc.The undersigned agrees to vacate from the shared housing accommodations when alcohol and/or illicit drugs are used 01'by not abiding these cardinal rules. The undersigned agrees to pay a shared housing fee of$'f 30 Days,for one year from date of contract.Fee payments are non-refundable.Resident fees include utilities and maintenance service.The monthly shared housing fee is due the 1st day ofevery month,may be pro-rated dependent upon admittance.There will be a $25 a day late fee assessed after the 5th ofthe month. All residents agree to the following cardinal rules as a condition ofresidency: I.Remain alcohol and other drug free.This includes selling,possession,01'consumption. Physical and mental health medication dl'llgs are allowed but must be included in the resident application. 2,No violence or threats ofviolence 01'the possession ofweapons. 3.Maintain their space in a clean,healthy,orderly and safe manner. 4.Smoking is permitted in designated areas only. 5.Absolutely no fi'atemizing with other house guests or Stephonse Recovery Inc.employees. All spaces are properly fUl'Ilished and are kept clean and orderly.The Stephouse Recovery Inc.manages the utility use,fUl'Ilishings,maintenance,and upgrade ofall lodging spaces.Each resident provides their own food,toiletries,clectronics and personal needs.. The undersigned releases the Management and The Stephouse Recovery Inc,from any liability related to the conditions of the agreement. 4flf20 11 Name Signature 2 Date Our mission is to be the premier provider of extended care housing by providing an alcohol-and drug-free residence in a clean,safe and supportive environment.Our residents will be adult alcoholics and addicts who are motivated to continue their recovery,committed to staying sober,and agree to remain active in their recovelY program. Prospective Residents I.Qualifications -To be considered for admittance,prospective residents shall possess the following:a desire to stay sober,ability to get along with others,agree to abide by all house rules,a willingness to work their program,and the ability to meet financial requirements. 2.Screening -All prospective residents shall pass an interview with at least one Stephouse Recovery Inc.coordinator.Photo identification must be available. Verification of financial responsibility may be required.Ifapplicant does not meet requirements for admission,they will be referred to the Stephouse Recovery Inc. Network referral number at 800-799-2084. 3.Application form -A copy ofthe new resident application form must be completed in its entirety.The Stephouse Recovery Inc.reserves the right to contact and/or verify any reference provided on the application form.A copy ofthe completed and signed application form,the signed Guest agreement,criminal history verification form,and a copy of the resident's photo identification shall be placed in the resident's file. The Stephouse Recovery Inc.accepts individuals with drug and/or alcohol dependencies who are clean and sober,at least 18 years of age,not a danger to themselves or to others and who arc ambulatOly and can take care ofthemselves.Prospective clients must be involved in a 12-step program oftheir choice and be active in their recovery. The Stephouse Recovery Inc.will not deny membership to anyone on the basis of race,ethnic background,national origin,creed,religious affiliation,marital status or sexual orientation. The Stephouse guests are required to maintain their admission requirements throughout their stay and submit to random testing and adhere to The Stephouse rules. The Stcphouse Recovery Inc. 2927 Paper Lane Newport Beach,CA 92660 (714)394-3494 •(714)528-7858 www.Stephouserecovery.com I ALCOHOL AND DRUG-FREE RESIDENT AGREEMENT The undersigned acknowledges and understands that he is living in an alcohol and other drug-free shared housing,managed by the residents living together as a family ofpersons with disabilities.The undersigned understands that they reside in a congregate housing situation and not in an exclusive unit or space.The undersigned understands they do not reside as a tenant with rights or possession ofhousing space exclusively until 6/41120 I I. The undersigned resident agrees to participate in and abide by the policies,rules and regulations ofThe Stephollse Recovel)'Inc.The undersigned agrees to vacate from the shared housing accommodations when aleohol andlor illicit drugs are used or by not abiding these cardinal rules. The undersigned agrees to pay a shared housing fee of$'130 Days,for one year from date of contract.Fee payments are non-refundable.Resident fees include utilities and maintenance service.The month Iy shared housing fee is due the Ist day ofevery month,may be pro-rated dependent upon admittance.There will be a $25 a day late fee assessed after the 5th ofthe month. All residents agree to the following cardinal rules as a condition ofresidency: I.Remain alcohol and other drug free.This includes selling,possession,or consumption. Physical and mental health medication drugs are allowed but must be included in the resident application. 2.No violence or threats ofviolence or the possession ofweapons. 3.Maintain their space in a clean,healthy,orderly and safe manner. 4.Smoking is permitted in designated areas only. 5.Absolutely no fraternizing with other house guests or Stephouse Recovery Inc.employees. All spaces are properly furnished and are kept clean and orderly.The Stephouse Recovery lnc.manages the utility use,furnishings,maintenance,and upgrade ofall lodging spaces.Each resident provides their own food,toiletries,electronics and personal needs.. The undersigned releases the Management and The Stephouse Recovery Inc,from any liability related to the conditions ofthe agreement. 6/4/2011 Name Signature 2 Date Stephouse Recovery,Inc. Client Rental Agreements wi Client Name Received 7/8/11 ALCOHOL AND DRUG-FREE RESIDENT AGREEMENT The undersigned acknowledges and nnderstands that he is living in an alcohol and other drug-free shared housing,managed by the residents living together as a family ofpersons with disabilities.The undersigned underslands that they reside in a congregate housing situation and not in an exclusive unit or space.The undersigned understands they do not reside as a tenant with rights or possession ofhousing space exclusively until 111151/20 IO. The undersigned resident agrees 10 participate in and abide by the policies,rules and regulations ofThe Stephouse Recovery Inc.The undersigned agrees to vaeate from the shared honsing aceommodations when alcohol andlor illicit drugs are uscd or by uot abiding thesc cardinal rules. The undersigned ugrees to pay a shared housing fee of$1180 Days,fol'one yeaI'from date of contract.Fee payments are non-refundable.Resident fees include ntilities and maintenance service.The monthly shared housing fee is due the Ist day ofevery month,Illny be pro-rated dependent upon admittance.There will be a $25 a day late fee assessed after the 5th ofthe month. All residents agree to the following cardinal rules as a condition ofresidency: I.Remain alcohol and othcr drug free.This includes selliug,possession,or consumption. Physical and mental health medication drugs are allowed bnt mnst be included in the resident application. 2.No violence or threats of violence or the possession ofweapons. 3.Maintain their space in a clean,healthy,orderly and safe mallner. 4.Smoking is permitted ill designated areas only. 5.Absolutely no lhlternizing with other house guests or Stephouse Recovery Ine.employees. All spaces are properly furnished and are kept clean and orderly.The Stephouse Recovery Inc.manages the utility use,furnishings,maintenance,and upgradc ofall lodging spaces.Each resident providcs thcir own food,toiletries,electronics and personal needs.. The undersigned releases the Management and The Stephouse Recovery Inc,from any liability rclatcd to the conditions ofthe agreement. Name Signature Tim F r 2 tl/1512010 ALCOHOL AND DRUG-FREE RESIDENT AGREEMENT The undersigned acknowledges and understands that he is living in an alcohol and other drug-free shared housing,managed by the residents living together as a family of persons with disabilities.The undersigned understands that they reside in a eongregate housing situation and not in an exclusive unit or space.The undersigned understands they do not reside as a tcnant with rights or possession ofhousing space exclusively until 6/41120 II. The undersigned resident agrees to participate in and abide by the policies,rules and regulations ofThe Stephouse Recovery Inc.The undersigned agrees to vacate from the shared housing aceommodations when alcohol andlor illicit drugs are used or by not abiding these cardinal rules. The undersigned agrees to pay a shared housing fee of$1 30 Da)'s,for one year from date of eon tract ,Fee payments are non-refundable.Resident fees include utilities aud maintenance service.The monthly shared housing fee is due the Ist day ofevery month,may be pro-rated dependent upon admittance.There will be a $25 a day late fee assessed alier the 5th ofthe month, All residents agree to the following cardinal rules as a condition ofresidency: I.Remain alcohol and other drug free.This includes selling,possession,or consumption, Physical and mental health medication drugs arc allowed but must be included in the resident applicalion. 2.No violence or threats ofviolence or the possession ofweapons, 3.Maintain their space in a clean,healthy,orderly and safe manner. 4,Smoking is permitted in designateJ areas only. 5.Absolutely no fraternizing with other house guests Or Stephouse RecovelY Inc.employees. All spaces are properly furnished and are kept clean and orderly.The Stcphouse Recovery lnc,manages the utility use,furnishings,maintenauce;and upgrade ofall lodging spaces.Each resident provides their own food,toiletries,electronics and personal needs.. The undersigned releases the Management and The Stephouse Recovery Inc,from any liability related to the conditions ofthe agreement. Robelt M 2 Date 21112011 ALCOHOL AND DRUG-FREE RESIDENT AGREEMENT The undersigned acknowledges and uuderstands that he is living in an alcohol and other drug-free shared housing,managed by the residents living together as a family ofpcrsons with disabilities.The undel~igned understands that they reside in a congregate housing situation and not in an exelusivc nnit or space.The undersigned understauds they do uot reside as a tenant with rights or possession of housing space exclusively until 317//201 1. The undersigned resident agrees to participate in and abide by the policies,rules and regulations ofThe Stephouse Recovery Inc.The undersigned agrees to vacate from the shared housing accommodations when alcohol andlor illicit drugs are used or by not abiding these cardinal rules. The undersigned agrees to pay a shared honsing fee ofS:.30 Days,for 180 days from date of contract.Fee payments are non-refnndable.Resident fees include utilities and maintenance service.The monthly shared housing fee is due the Ist day ofevery month,may be pro-rated dependent upon admittance.There will be a $25 a day late fee assessed afier the 5th ofthe month. All residents agree to the following cardinal rules as a condition ofresidency: 1.Remain alcohol and other drng free.This includes selliug,possession,or consumption. Physical and mental health medication drugs are allowed but must be included in the resident application. 2.No violence or threats ofviolence or the possession ofweapons. 3.Maintain thcir space in a clean,healthy,orderly and safe manner. 4.Smoking is permitted in designated areas ouly. 5.Absolutely no fraternizing with other house guests or Stephouse Recovery Inc.employees. All spaces are properly furnished aud arc kept clean and orderly.The Stephouse Recovery lnc.manages the utility usc,furnishings,maintenance,and npgrade ofall lodging spaces.Each resident provides their own food,toiletries,electronics and personal needs.. The undersigned releases the Management and The Stephouse Recovery Inc,from auy liability related to the conditions ofthe agreement. Name ChrisA. Dale 317120t 1 Signatufe 2 ALCOHOL AND DRUG-FREE RESIDENT AGREEMENT The undersigned acknowledges and understaods that he is living in an alcohol and olher drug-free shared hansing,managed by the residents living together as a family ofpersons with disabilities.The undersigncd understands that they reside in a cougregate housing situation and not in an exclusive unit or space.The undersigned understands they do not reside as a tenant with right,orpessession ofhousing space exclusively until 3171120 II. The undersigned resident agrees to pmtieipate in and abide by the policies,rules and regulations ofThe Stephonse Recovery Inc.The undersigned agrees to vacate from the shared housing accommodations when alcohol aneVor illicit drugs are used or by not abiding these cardinal rules. The undcrsigned agrees to pay n shared housing fee of~30 Days,for one yea,'from date of contract.Fee payments are non-refnndable.Resident fees include utilities and maintenance service.The monthly shared housing fee is dnc the 1st day ofevery month,may be pro-rated dependent apon admittance,There will be a $25 a day late fee assessed after the 5th ofthe month. All residents agree to the following cardinal rules as a condition ofresidency: I.Remain alcohol and other drug free.This includes selling,possession,or consumptioa. Physical and mental health medication drugs are allowed but must be included in the resident application. 2.No violence or threats ofviolence or the possession ofweapons. 3.Maintain their space in a clean,healthy,orderly and safe manner. 4.Smoking is peonitted in designated areas only, 5.Absolutely no fratcl1lizing with other house guests or Stephouse Re<:overy Inc.employees. All spaccs are properly furnished and are kept clean and orderly.The Stephouse Recovery lnc.manages the utility use,furnishings,maintenance,and upgradc ofall lodging spaces.Eaeh resident provides their own food,toiletries,electronics and personal needs.. The undersigned releases the Management and The Stephousc Recovery Inc,from any liability related to the eonditions ofthe agreement. ;.,---_,..,J"'o,'h SNameI}I --,,--,- __tfnl'--'u\_"~,/_D Signattlrc r 2 Oal\: 4/tl12011 7/812011 'i ALCOHOL ANIl.J;lRUG-FREE RESIDENT AGREEMENT The undersigned acknowledges and understands that he is living in an alcohol and other drug-free shared housing,managed by Ihe residents living together as a family ofpersons with disabilities.The undersigned understands that they reside in a congregate housing situation and not in an exclusive unit 01' space.The undersigned understands they do not reside as a tenant with rights or possession ofhousing space exclusively until 6141/201 I. The undersigned resident agrees to participate in and abide by the policies,rules and regulations ofThe Stcphousc Recovery Inc.The undersigned agrees to vacate from the shared honsing accommodations when alcohol andlor illicit drugs are used or by not abiding these cardiual rules. The uudersigned agrees to pay a shlll'cd housing fee of$130 Days,for one year from date of eoutraet.Pee payments are non-rolundahle.Resident fces include utilities and maiutenance service.The monthly shared housing fee is due the Ist day ofovery momh.may be pro-ratcd dependent upon admittance.There will bea $25 a day late fee assessed after the 5th ofthc month. All residents agree to the following cardinal rules as a condition ofresidency: I.Remain alcohol and other drug free.This includes selling,possession,or consumption. Physical and mental health medication drugs are allowed but must be iucluded in the resident application. 2.No violcnce or threats ofviolence or the possession ofweapons. 3.Maintain their space in a clean,healUlY.orderly and safe manner. 4.Smoking is permitted in designated areas only. 5.Absolutely no fraternizing with other house guests 01'Stcphouse Recovery Inc.cmployees. All spaces arc properly furnished and are kept clean and orderly.The Stephouse Recovery lnc.manages the utility use.fUJ'Ilishings,maintenance,and lIpgmde ofall lodging spaces.Eaeh resident provides their own food,toiletries,electronics and personal needs.. The undersigned releases the Management and The Stephouse Recovery Inc,from any liability related to the conditions oftbe agreement. Jed IV. Nam<.'~---s-\lb-lA--\A.LSignature 2 Dale 6/41201 t Stephouse Recovery,Inc. Client Rental Agreements wi Corrected Information Received 7/14/11 ALCOHOL AND DRUG-FREE RESIDENT AGREEMENT The undersigned acknowledges and understands that he is living in an alcohol and other drug-fTee shared housing,managed by the residents living together as a family ofpersons with disabilities.The undersigned understands that they reside in a congregate housing situation and not in an exclusive unit or space.The undersigned understands they do not reside as a tenant with rights or possession ofhousing space exclusively until 111l5/12010. The undersigned resident agrees to participate in and abide by the policies,ruIes and regulations ofThe Stcphouse Recovery rnc.The undersigned agrees to vacate from the shared housing accommodations when alcohol and/or illicit drugs arc uscd or by not abiding these cardinal rules. The undersigned agrees to pay a shal'ed housing fee of~30 Days,for 180 days from date of contract.Fce payments are non-refundable.Resident fees iuclude utilities and maintenance service.The monthly shared honsing fee is due the Ist day ofevelY month,may bc pro-rated dependent upon admittance.There will be a $25 a day late fee assessed after the 5th of the month. All residents agree to the following cardinal rules as a condition ofresidency: I.Remain alcohol and other drug free.This includes selling,possession,or consumption. Physical and mental health medication drugs are allowed but must be included in the resident application. 2.No violence or threats ofviolence or the possession ofweapons. 3.Maintain their space in a clean,healthy,orderly and sate manner. 4.Smoking is permitted in designated areas only. 5.Absolutely no fraternizing with other house guests or Stephouse Recovery lnc.employees. All spaces are propeJ'ly fumished and are kept clean and ordeJ'ly.The Stephouse RecovelY Inc..manages the utility use,furnishings, mainlenance,and upgrade ofall lodging spaces.Each residenl provides their own food,toiletries,electronics and personal needs.• The undersigned releases the Management and The Stephouse Recovery Inc,from any liability related to the conditions ofthe agreement. TimF: 2 1111512010 ALCOHOL AND DRUG-FREE RESIDENT AGREEMENT The undersigned acknowledgcs and understands that he is living in an alcohol and other drug-free shared housing.managed by the residents living together as a family ofpersons with disabilities.The undersigned understands that they reside in a congregate housing situation and not in an exclusive unit or space.111e undersigne<l understands they do not reside as a tenant with rights or possession of honsing space exclusively until 211112011. The undersigned resident al,'Tccs to participate in and abide by the policies.rules and regulations ofThe Stephouse Recovery Inc.The undersigned agrees to vacate from the shared housing accommodations when alcohol and/or illicit drugs are used or by not abiding these cardinal rules. The undersigned agrees to pay a shared housing fee of$__30 Da)'s,for Olle year from date of contract.Fee payments are non-refundable.Resident fees include utilities and maintenance service.The monthly shared housing fee is due the Ist day ofevery month,may be pro-rated dependent upon admittance.There will be a $25 a day late fee assessed after the 5th ofthe month. All residents agree to the following cardinal rules as a condition ofresidency: I.Remain alcohol and other drug free.This includes selling.possession.or consumption. Physical and mental health medication drugs are allowed but must be included in the resident application. 2.No violence or threats ofviolence or the possession ofweapons. 3.Maintain their space in a clean,healthy,orderly and safe manner. 4.Smoking is permitted in designated areas only. 5.Absolutely no fraternizing with other house guests or Stephouse Recovery Inc.employees. All spaces are properly furnished and arc kept clean and orderly.The Stephouse RecovClY lne.manages the utility use.furnishings.maintenance.and upgrade ofall lodging spaces.Each resident provides their own food.toiletries,electronics and personal needs.. The undersigned releases the Management and The Stephouse Recovery Inc,from any liability related to the conditions ofthe agreement. Robert M' 2 211/2011 ALCOHOL AND DRUG-FREE RESIDENT AGREEMENT The undersigned acknowledges and understands that he is living in an alcohol and other drug-free shared housing,managed by the residents Jiving together as a family ofpersons with disabilities.The undersigned nnderstands that they reside in a congregate housing situatiou and not in an exclusive nnit or space.The undersigned understands they do not reside as a tenant with rights or possession ofhousing space exclusively until 411/12011. The undersigned resident agrees to participate in and abide by the policics,rulcs and regulations ofThe Stephouse Reeovery Inc.Thc undersigned agreesto vacate fi'om the shared housing accommodations when alcohol andlor illicit drngs are used or by not abiding these cardinal rules. The uudersigned agrees to pay a shared housing fcc of$130 Days,for onc yca,'frolll datc of contract.Fee payments are non-refundable.Resident fecs include utilities and maintenance service.The monthly shared housing fce is due thc Ist day ofevery month,may be pro-rated dependent upon admittance.There will be a $25 a day late fce assessed after the 5th ofthe month. All residents agree to the following cardinal rules as a condition ofresidency: I.Remain alcohol and other drug free.This includes selling,possession,or consumption. Physical and mental health medication dnlgs are allowed but must be includcd in the resident application. 2.No violence or threats ofviolence or the possession ofweapons. 3.Maintain their space in a c1can,healthy,orderly and safe manner. 4.Smoking is permitted in designated areas only. 5.Absolutely no fraternizing with other house guests or Stephouse Recovery Inc.employees. All spaces are properly furnished and arc kept clcan aud orderly.The Stephouse Recovery Inc.manages the utility use,fhrnishings,maintenance,and upgrade ofailiodgiug spaces.Each resident provides their own food,toiletries,electronics and personal needs.. Thc undersigned releases the Management and The Stephouse Recovery Inc,from any liability related to the conditions ofthe agreement. Josh Stewart fn~".JJ' Signature V 2 4/t120t t Hearing Officer Attachment H Notice of Conditional Abatement to StepHouse dated July 13,2011 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY Davie!R.Hunt,City Attorney July 13,2011 Via U.S.Regular Mail and Email:tIJestepIJouse@gmail.com Mr.George Vilagut Executive Director StepHouse Recovery,Inc. 2927 Paper Lane Newport Beach,CA 92660 RE:Conditional Abatement:Paper Lane,2927 (StepHouse) MatterNo.:A11-00528 Dear Mr.Vilagul: Thank you for meeting with Associate Planner Janet Brown and me last week to discuss the reasonable accommodation application you have submitted for StepHouse Recovery.Inc.("StepHouse").We appreciate your cooperation in providing us with the additional information the City requires. The land use classification for StepHouse's 2927 Paper Lane facility is Residential Care,Limited Unlicensed.As we discussed,this conditional abatement notice is being sent to you because StepHouse established its 2927 Paper Lane facility In a Single-Unit Residential (R-1)zoning district,where such uses are prohibited,without first applying for and receiving a reasonable accommodation from the City.Therefore,StepHouse's 2927 Paper Lane facility currently constitutes an illegal use,and is subject to abatement. As requested by the City,you have supplied us with copies of StepHouse's lease with the owner of 2927 Paper Lane,which expires on April 30,2012. You have also provided us with redacted copies of the rental agreements Step House has entered with its current residents.The five rental agreements appear to expire on,respectively, September 7,2011,November is,2011,February 1,2012,April 1,2012 and June 4, 2012. The documents you provided establish to the City's satisfaction that you have existing contracts with disabled residents.You have also agreed not to accept any new resident clients at 2927 Paper Lane until the hearing on your reasonable accommodation application has occurred and a determination is issued by the City's independent hearing officer. Tl'Iephtllle:(9'19)644-313J .'·'ax:(').19)ll44':1139 City Hall·:1300 Newport Boulevard·I'osl Oflice Box 1768 Newport Beach California 92658-8915 •ww\\'.city.llcwporl-hcach.ca.os Mr.George Vilagut July 13,2011 Page:2 Although the use is currently subject to abatement,to allow you to fulfill your obligations to your existing disabled clients,the City will refrain from instituting abatement proceedings until the expiration of StepHouse's existing lease with the owner of 2927 Paper Lane,April 30,2012.This conditional abatement date will apply only if the hearing officer denies StepHouse's reasonable accommodation application.If the requested accommodation is denied,the hearing officer may adjust this date to allow current StepHouse residents to complete their intended length of stay. As we discussed,StepHouse must complete its application within 30 days of our JUly 7, 2011 meeting.Staff will schedule an administrative hearing within 90 days of the date It determines the application is complete. Thank you for your cooperation.If you have questions,please feel free to contact the undersigned at (949)644-3131,or Janet Brown at (949)644-3236. Sincerely, OFFICE OF THE CITY ATTORNEY ~1v~-- Catherine Wolcott Deputy City Attorney CW:da cc:Janet Brown,Associate Planner Kimberly Brandt,AICP,Community Development Director [A/1·00528]Vi/.yuIG from CW07.13.11 ra RA ApplieDl/on Hearing Officer Attachment I City-Authorized Recovery Facilities,as of May 2011 City-Authorized Recovery Facilities in Newport Beach (as ofMay 23,2011)r =Based on eNB's observation as of most recent interior facility inspection) 4138 Patnce Rd.Pending 6 4711 Seashore Dr.y 6 4711 %Seashore Dr.N 2 505 29th St.y 6 3980 Seashore Dr.N 6 112 40thSt.Unit A N (2 staff) 11240th St Unit B N 6 4500/4504 Seashore Dr.y 10 12644th St Units A &B N 9 4800 Seashore Dr.Units A &B y 9 5004 Neptune Ave.Unit A N 6 5004 Neptune Ave.UnitB N 6 5101 RiverAve.Unit B y 6 6110WestOcean Front y 6 6111 Seashore Dr.Y 6 "i Oil 1«is:,36 1~2(:.\<,1<1:, 533 Via Lido Scud N 6 4823 RiverAve.UnitA N 6 per DA 5 4823 RiverAve.Unit B N 6 per DA 6 29 [rna Loa Court N 6 per DA 6 100 ViaAntibes,102 Via Antibes,208 Via N 12 per DA 11 Lido Scud PacifiC:Shores Recove-ry 492 Orange Ave!RA I N I I 12 6 6 2 6 5 8 9 6 6 6 6 6 6 6 y y y y y y y y y y y y N N N JI'l~P~ct~~',~~~~nl'l~Cllly,perDA~:•.lnspectjon$·lih'i' Code'Enforcement Inspected on 9-29-10.Observed 1staff bed.No complaintSregarding this facility Inspected on 9-29-10.No complaints regarding this facility Inspected on 4-28-11.Dwelling used as staff quarters until 9-1-10,then converted to client use. Inspected on 7w28-10.No complaints regarding thisfacility Staffquarters only;did notinspect Inspected on 1-31-11 •No compla'lnts regardfng thisfacmty Inspected on 1-31-11.No complaints regarding this facility.Licensed by ADP as a singlefacility Inspected On 1w31~.11.No complaints regarding this facility Licensed by ADP as a single facility Inspected on 7w28-10.No complaints regarding this facility Inspected on 7~28-10.No complaints regarding this facility Inspected On 7-28-10.No complaints regarding.this facility Inspected On 9-29-10.No complaints regarding this facility Inspected on 4-27-10.No complaints regarding this faciHty ht~P~~diqlla~rlyper'DA.Inspectionslimitedto2facmtiesselectedby Code Enforcement. Inspected on 5-s.::11.Complaints regarding secondhand smoke (Condition No.7),noise during Quiet Hours (Condition 12),and deliveries (Conditon 14) Complaints received re:parking,litterand uncovered trash cans.Operator cited. Complaints received re:parking,litterand uncovered trash cans.Operator Cited. Inspected on 5w5~11.Complaints regarding secondhancfsmoke (Condition 7) Inspected on 5w5-11.2 garage spaces notaccessible forparking (Condition 9) Letter sent4-14-11 re:Condition 3 (Occupancy Levels)and request to inspeCt premises. Follow-up letterfrom Fire Marshal sent 5-13w11,and from Planning Division sent 5-17- 11. City-Authorized Recovery Facilities in Newport Beach (as of May 23,2011) (*=Based on eNB's observation as of most recent interior facility inspection) Compliants received re:2nd-handsmoke.Operatornotified;facility converted to non- smoking.Complaint received regarding unpermitted commercial filming.The producer obtained a pennit.Several complaintsreceived re:smoking and otherminorissues related tothefilm production.Those issues werequicklyaddressed bythe film production company. Inspected on 3-22~11.No complaints regarding this facility Licensed by ADP as a singlefacility Facilityat12430thSt.;inspeeted,3nn1l311yperRA Licensed by ADP as a singlefacility Compliantsreceived re:2nd-hand smoke,access to garage,assembly uses,smoking on boardwalk.Operator notified;issuescorrected.Received complaint thatthe facility does nothave staffon-site24f7.Ocean recovery provided documentation that they do. No furthercomplaints received.Licensed byADP as a singlefacility. Lettersent4-14-11 re:Condition 3 (Occupancy levels)and request to inspect premises. Follow-up letter from Fire Marshalsent 5~13-11,and from Planning Division sent 5-17- 11. y66 yUP1115WestBalboaBlvd. 1601 West Balboa Blvd.UP y I I 14 204211lt St.RA N 124 30th St RA N 3206 &3206 ~West Balboa Bl.RA N ,riZOO$1 11 1132West Balboa Blvd.UP Y 11 LMS Properties 1 4 900 West Balboa Blvd.RA N 4 AOP-LicensedFacilities (notsubjecttoCityauthorization) Ocean Recovery 1217W.Bay Ave.!ADP I y I 1 I 6 Adelante Recovery-49 Montecito Dr.ADP y 6 MiramarRecovery-435 Dahlia Ave. Miramar Recovery-43511:Dahlia Ave. Pat Moore Foundation-20728th St,lowerl unit. ADP ADP ADP y y y 6 6 6 City-Authorized Recovery Facilities in Newport Beach (as of May 23,2011) (*=Based on CNB's obselVation as ofmost recent interior facility inspection) LEGEND:DA=DeveJopment Agreement;RA =Reasonable Accommodation;UP =Use Permit;ADP =California Department ofAlcohol and Drug Programs Hearing Officer Attachment J NBMC Sections 20.52.030.G and 20.52.030.H Permit Review Procedures 20.52 E.oject review and notice and hearing requirements.Each application shall be revi ed by the Director to ensure that the proposal complies with all applicable require ents of this Zoning Code. 1.earing required.A public hearing shall be conducted prior to any an application for a Conditional Use Permit. 2.Notice and he ing requirements.Notice of the public hearing shall be provided,and the Ii ring shall be conducted,in compliance with Chapter 20.62 (Public Hearings). F.Approval,modification,or revocatl of Conditional Use Permit. 1.The review authority identified in T e 5-1 (Section 20.50.020)is designated to approve,conditionally approve,or den plications for Conditional Use Permits in residential zoning districts and the m .ification or revocation thereof,in compliance with the procedures provided in thl ection. 2.Decisions of the review authority may be appealed the Council in compliance with Chapter 20.64 (Appeals).Review for an appea om a decision of the Commission shall be de novo.On an appeal from a de .ion of the Hearing Officer the Council shall determine whether the findings ma by the Hearing Officer are supported by substantial evidence presented during evidentiary hearing.On review the Council may sustain,reverse,or modify the cision of the Commission or Hearing Officer or remand the matter for urther consideration,which remand shall include either specific issues to be consi ed '-er-a-direetiefl-fera-de-nove-flearing;-- ~G.Development and operational standards.The following standards are applicable to uses granted a Conditional Use Permit in compliance with this Section. 1.Management and operation plan.The use shall be operated in compliance with applicable State and local law and in compliance with the management and operating plan and rules of conduct submitted as part of the application for a Conditional Use Permit or as identified in the conditions of approval for a Conditional Use Permit.Each plan shall provide a phone number by which the operator may be contacted at all times.If applicable,the permittee shall comply with the Business License provisions of Municipal Code Title 5. 2.Operational standards.These standards are in addition to any other standards provided for specific uses in this Zoning Code.In order to ensure that conditional uses in residential zoning districts are operating in a manner that is consistent with federal,State,and local law and established industry standards and to ensure that operators do not have a pattern or practice of operating similar uses in violation of federal,State,or local law,all of the standards listed below shall apply: a. October 26,2010 If the facility is not licensed by the State,managers,operators,owners, clients,visitors,and residents shall not provide any services onsite that would require licensure of the facility in compliance with State law. Newport Beach Zoning Code,Title 20 BEl 20.52 b. c. d. Permit Review Procedures For uses that allow overnight stays,there shall be no more than two residents,guests,or clients in each bedroom plus one additional resident, guest,or client.The review authority,at his/her discretion,may approve additional occupancy upon request by the applicant and based upon evidence that additional occupancy is warranted and appropriate.In determining whether to allow a different occupancy limit,the review authority shall consider the characteristics of the structure,whether there will be an impact on traffic and parking,and whether the public comfort, health,peace,safety,or welfare of persons residing in the facility or adjacent to the facility will be impacted. The names of all persons and entities with an ownership or leasehold interest in the use,or who will participate in operation of the use,shall be disclosed in writing to the City,and these persons and entities shall not have a demonstrated pattern or practice of operating similar facilities in or out of the City of Newport Beach in violation of federal,State,or local law. The operator of the proposed use shall provide a list of the names and addresses of all similar uses located in the State of California owned or operated by the operator within the past five years and shall certify under penalty of perjury that none of these uses have been found by State or local authorities to be operating in violation of federal,State,or local law. The Director shall verify this information. 3.Smoking.Clients,guests,visitors,staff,or any other users of the use shall not smoke in an area from which the second hand smoke may be detected on any parcel other than the parcel upon which the use is located. Findings and decision.In addition to the findings required by Subsection 20.52.020 F (Findings and decision),prior to approving or conditionally approving an application for a Conditional Use Permit in a residential zone or in an area where residential uses are provided for in Planned Community Districts or specific plan districts the review authority shall find: 1.The use conforms to all applicable provisions of Subsection G.(Development and operational standards),above; 2.The project complies with the requirements for off-street parking as provided in Chapter 20.40 (Off-Street Parking)and traffic and transportation impacts have been mitigated to a level of insignificance; 3.The property and existing structures are physically suited to accommodate the use; 4.The use will be compatible with the character of the surrounding neighborhood, and the addition or continued maintenance of the use will not contribute to changing the residential character of the neighborhood (e.g.,creating an overconcentration of residential care or bed and breakfast uses in the vicinity of the proposed use).In making this finding or sustaining the finding,the Hearing Officer and/or Council shall consider,as appropriate,all of the following factors: ell Newport Beach Zoning Code,Title 20 October 26,2010 Permit Review Procedures 20.52 a.The proximity of the use location to parks,schoois,other conditionally permitted uses of the same or similar type,outlets for alcoholic beverages,and any other uses that could be affected by or affect the operation of the subject use; b.The existence of substandard physical characteristics of the area in which the use is located (e.g.,limited available parking,lot widths,narrow streets,setbacks,short blocks),and other substandard characteristics that are pervasive in certain areas of the City of Newport Beach,including portions of Balboa Island,Balboa Peninsula,Corona Del Mar,Lido Isle, Newport Heights,and West Newport,which portions were depicted on a map referred to as the Nonstandard Subdivision Area presented to the Commission on September 20,2007 and on file with the Director;and c.In the case of residential care uses,whether,in light of the factors applied in Subparagraphs H.4.a.and H.4.b.,above,it would be appropriate to apply the American Planning Association standard of allowing only one or two residential care uses in each block. (1)Median block lengths in different areas of Newport Beach widely range.from 300 feet in the Nonstandard Subdivision Areas to as much as 1,422 feet in standard subdivision areas. (2)The average calculable biock length in much of the standard subdivision areas is 711 feet and the calculable median block length is 617 feet. (3)The review authority shall apply the American Planning Association standard in all areas of Newport Beach in a manner that eliminates the differences in block lengths. (4)In making this determination,the review authority shall be guided by average or median block lengths in standard subdivisions of the City. (5)The review authority shall retain the discretion to apply any degree of separation of uses that the Hearing Officer deems appropriate in any given case. (6)A copy of the American Planning Association standard is on file with the Director. 5.The operation of buses,vans,and other vehicles used to transport residents, clients,visitors,guests,and/or staff to and from off-site activities or parking areas does not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding area; 6.Arrangements for delivery of goods are made within the hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties;and October 26,2010 Newport Beach Zoning Code,Title 20 11m 20.52 7. Permit Review Procedures Arrangements for commercial trash collection in excess of usual residential collection are made within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. 1-~---Post--deejsit)lT-preeedtll'eS';--·..:r~reeedures and requirement_ift-GfiltWifer-2BM \ (permit Implementation,Time Limits,and Extensions),and those related to appeal and revocation in Part 6 (Zoning Code Administration)shall apply following the decisi on a Conditional Use Permit application. 20.52.04 -Limited Term Permits A.Purpo e.The purpose of this Section is to consider applicant requ ts for uses of limited ration (e.g.,interim,non-permanent,and/or seasonal in nat e)that would be compatibl with adjacent and surrounding uses when conducted in mpliance with this Section. B.Applicability. 1.Limited dur ion uses.A Limited Term Permit allo s limited duration uses that might not me the development or use stand ds of the applicable zoning district,but may therwise be acceptable beca e of their temporary or limited nature. 2.Limited Term Permit quired.Limited uration uses shall not be conducted, established,or operated any manner thout the approval and maintenance of a valid Limited Term Permi 'n complia e with this Section. C.Exempt limited duration uses.The 011 ing limited duration uses are exempt from the requirement for a Limited Term Per it.Uses that do not fall within the categories defined below shall comply with Subse io D.(Allowed limited duration uses),below. 1.Construction yards·on-s'e. a.On-site contract s'construction ya (s),including temporary storage and office trailers,i conjunction with an a roved construction project on the same lot. b.One adu caretaker may be present durin non-construction hours for securit purposes. c.Th construction yard shall be removed immedia Iy upon completion of t construction project,or the expiration of the Buil 'ng Permit. 2.Erne ency facilities.Emergency public health and safet needs/land use act'ities,as determined by the Council or authorized by Municipa Code Title 5. 3.ersonal property (e.g.,garage and/or yard)sales on privat property. Personal property sales conducted on private property when con cted in compliance with Section 20.48.150 (Personal Property Sales in Re 'dential Districts). ..Newport Beach Zoning Code,Title 20 October 26,2010 Hearing Officer Attachment K Copies ofAll Communications Received Regarding StepHouse Brown,Janet - From: Sent: To: Subject: Dear Ms.Janet Brown, Hla Tin [hlatin@att.net] Friday,July 29,2011 10:08 AM Brown,Janet RE:Stephouse Recovery Home in Anniversary Tract Thank you for looking into this matter;and for currently determining that indeed,this facility is in violation of the zoning restrictions and Code and that you had already notified to the care facility business operator(s).We presume that being a business operator and a renter in a residential R1 zone does not qualify as a residential owner,whose family memberis one of the sober living care resident,but is operating strictly as a business entity. As you can look up our address from my name we thought we would not expose ourselves to others in the neighborhood, even though people on our street and the Police Department already knew of the infractions of someone who is from a similar kind offacility from Costa Mesa and now have the conviction verdict from the court.We live on Golden Circle if you are not familiar with the City Streets,and we are two blocks away.The police officers will inform you of the person caught red handed while he was committing a car thefllvandalism.Case#11 HM09970 Harbor Court (Newport Beach) Disposition 6/14/2011;Violiation on 6/11/2011.We would agree with the Federal Law if it was for a family memberwho needs the care as you stated,but disagree that the Federal should be invoked in the case of the business concern on Paper Lane. As for the question of how far away we live from the Paper Lane facility,we are in the 300 feet radius from the facility,and so would qualify to get any information you dessiminate from the City.We would like to remind you that it is then neighborhood that is impacted not just the immediate neighbors! As we pointed out above,and have already catagorized our experience in our previous email to you,our neighborhood had changed some what after this new facility became a semi permanent facility in our neighborhood.(Please refer to my original email below.) In any case we commend on your thorough investigation of this matter with due care,and keeping the anonymity of the participating innocent victims,and the City's iegal residents from harassment. Sincerely, Neighborhood Watch, Watching Neighborhood. From:Brown,Janet [mailto:JBrown@newporlbeachca.gov] Sent:Thursday,July 21,2011 2:25 PM To:Hla Tin Cc:Cosylion,Matt;Palmer,Cassi Subject:RE:5tephouse Recovery Home in Anniversary Tract Thank you for your email,and taking the time to express your concerns.Your email will be included in the administrative record and provided to the Hearing Officer for his consideration prior to the public hearing on this matter. The use of this property as a sober living residential care facility for persons in recovery from addiction to drugs and/or alcohol was recently brought to the City's attention.Upon determining that 1 the property was indeed operating as a residential care facility in violation of the Zoning Code,the City immediately notified the operator and property owner of the violation. While the Zoning Code does not permit this use in this location,federal law requires that under certain circumstances,a city must grant disabled individuals an exception from its usual laws. Therefore,the Zoning Code includes provisions which allow any person with a disability,their representative,or a provider of housing for individuals with a disability,to apply for a reasonable accommodation from the City's zoning and land use regulations. The operators of the facility on Paper Lane have submitted an application for reasonable accommodation.Reasonable accommodation applications are subject to a public hearing before a Hearing Officer appointed by City Council.Staff is now reviewing the application,and a public hearing will be scheduled once the application is deemed complete.A public notice will be mailed to residents who live within 300 feet of the subject property a minimum of 10 days prior to the hearing. While you have not indicated in your email where you live in relation to the StepHouse Recovery home,we are interested to hear from the neighbors who are most directly impacted by this use. Specifically,we are interested in knowing what types of activities or impacts to the neighborhood may have occurred since this facility established -such as loitering in the neighborhood,trespassing, secondhand smoke,excessive vehicles and problems related to parking,trash and debris.It is important to document when these activities occur,and how these activities have directly impacted you. The Code Enforcement Officer assigned to your neighborhood is Ms.Cassie Palmer.Please feel free to contact her or me if you have any questions,or comments,or ifyou wish to report an activity or problem.I also encourage you to contact the Police Department if you observe any activities that are suspicious or out of place for the neighborhood.Ms.Palmer's contact information is: cpalmer@newportbeachca.gov or (949)644-3220. Sincerely, Janet Johnson Brown Associate Planner City ofNewport Beach 3300 Newport Blvd.,Newport Beach,CA 92663 T (949)644-3236/F (949)644-3229 jbrown@newportbeachca.gov From:Hla Tin [mailto:hlatin@att,netJ .Sent:Thursday,June 30,2011 5:55 PM To:Brown,Janet;Cosylion,Matt Subject:5tephouse Recovery Home in Anniversary Tract Dear Ms.Brown and Mr..Cosylion, We understand you are interested in hearing from the local residents near the Stephouse Recovery home in the Anniversary Tract. I am one of the few who had owned a property for more than 35 years and lived here,and raised a child in a safe neighborhood,because we have a neighborhood watch program,and most of us know each other.All of us pride ourselves by keeping the neighborhood safe for our children. 2 The City plan called for being a single family residential and is one of the reasons why we bought here and settle down here so he could live in a safe and untainted neighborhood.Even though our child has graduated and left the area for the time being he intends to raise his children over here and we have made a lot of investment on the property. Right from the beginning we noticed that the addiction recovery home is operating in a rented house for the past several months with no city approval or license to operate as though sneaking in until some one finds out and then try to grandfather the zoning restriction and make it legal for their stay.Do we forget what happened or still happening in the Santa Ana Heights Bay View Community,where similar situation has brought the residents in the area in protests?I am sure the City has spent many man hours and $$fighting this case. We have heard that these same "Stephouse Homes"are starting to proliferate in Santa Ana and then spreading over to the Coastal Community such as Costa Mesa.Incidentally one ofthe tenants ofthe Costa Mesa promotional house was caught trying to break in to steal a car in the late hour ofthe night after crossing three streets to break the window of a car.Local police resource was needed to patrol and cite this violation.This type of criminal behavior should not be tolerated in a family neighborhood. We have been also told by other residential neighborhoods of Santa Ana that once they get hold of a place they expand in the area and degenerate the neighborhood with more resources having to spend from the cities to pay for the high volume trash pick up and sanitation services from one single family home.We notice the same in the Anniversary tract for trash now.What we may realize in a drop in the bucket revenue increase for this "business"does not compensate for the high expense for the City,that we the victims and tax payers,have to pay for. The new owners bought their homes for a chance to live in this neighborhood;and with the economy and housing down turn they have paid dearly for their homes which are now depreciating in value,and encroaching with unlicensed" business operators'in the zone for residential neighborhood.We beseech the City Authorities to exercise control over the situation for the residents sake. As we are all aware the care and facility needed is not a rental house,but a treatment center which will adequately provide the needs of the challenging medical and professional care needed for these wayward tenants of the Stephouse Recovery home.They need the traditional hospital or properly equipped medical facility not a rental unit where many patients are bunched together to have maximum profit for the operators and not adequate benefit for the patients. We hope that the City authorities will not allow any such unlicensed or for that matter (licensed by the city)use of property with a facade of the Step house Recovery home in our great C'ity of Newport Beach. Sincerely, Neighborhood Watch Watching Neighborhood 3 Brown,Janet From: Sent: To: Subject: Dear Janet Brown, Ryan Griffin [pacfighter@gmail.com] Wednesday,July 13,2011 12:00 PM Brown,Janet Step House Recovery... My name is Ryan Griffin and I am a home owner on Paper Ln.in Newport Beach.I live adjacent to and share a fence with the Step House Recovery facility.Since the day the two men who moved in something didn't feel right.I took some time to introduce myself as a neighbor and was greeted by a man who claimed to be a school counselor.As time progressed it became more and more obvious that something wasn't right.At any given time there are 5-15 young men and women constantly coming and going from the home.I have lived here for 2 1/2 years and things are not like they used to be.This was a very quiet street where kids could actively playas they should.I would frequently leave my car and home unlocked for the entire day without a care in the world. The things that have truly gotten under my skin are that some of the people attending the step house have come to my door asking "Is this the rehab?"It is beyond clear when approached that these are people with serious drug problems.Cars are constantly racing up and down the street.Almost always now there is no parking of any kind in front of my own home.I can smell cigarettes at all times -day or night.There is noise from the many occupants of the home that is a constant disturbance. There are always young people loitering in the front yard of the home as if they simply have .nothing to do but smoke cigarettes and stare. I am not against rehabilitation programs in any way.It is to my understanding that The Step House Recovery is operating illegally without the appropriate licensing.I don't understand how this is possible.As a homeowner I am nothing short of outraged that this has been going on for so long.I feel that my home and my safety has been threatened due to the unruly nature of the Step House occupants;Step House Recovery should not receive approval to continue operating in any way.I have hopes to raise a family in my home on this street and I would like to do so in a safe and comfortable environment.There are many appropriate locations to operate a rehabilitation program.Paper Lane is not one of them. Thank you for allowing the people of this neighborhood to voice their opinions on this matter.If you have further questions feel free to contact me directly. Sincerely, Ryan Griffin (310)922-4946 1 Brown,Janet From: Sent: To: SUbject: Dear Janet Brown, Jennifer Bosco [JBosco@toastmasters.org] Tuesday,July 12,2011 4:11 PM Brown,Janet Step House Recovery Thank you for allowing us to write in and state our concerns with Step House Recovery,the recovery home in our neighborhood,that operates without proper licensing.The issue of rehabilitation programs in residential areas is a controversial one.On the one hand recovery in safe neighborhoods can increase the likelihood that these addicts will not relapse.On the other hand rehabilitation homes in safe neighborhoods increases the chance of disturbances that negatively impact the neighborhood and residents.I have spent years volunteering with at-risk youth and am a big supporter ofrecovery centers so long as they operate Within reasonable means and in a proper location.Due to the following reasons,the Step House Recovery home has negatively impacted not only my neighborhood but also my safety. When I first moved into my home the character of the neighborhood was substantially different than what it is today. Now,there are a number of 18-28 year olds that hang around my sidewalk and driveway with little to no supervision.I have come home to addicts at my front door.Mistakenly they thought my home was the Step House Recovery home.As a young professional female I am not comfortable with addicts in and out of my neighborhood nor am I comfortable with them visiting my home. Another reason for myconcern is parking or lack there of.Typically vehicles from this home have to park in front of my residence.These vehicles are typically rundown and cause more traffic in and around the neighborhood.Before the Step House Recovery home began its illegal operation,Paper Lane was a quiet and peaceful cul-de-sac but now, unfortunately,the inhabitants ofthe recovery center and their guests routinely speed up and down the street to turn around and leave ouronce peaceful neighborhood at all hours ofthe day and night.Our street is very family oriented, with many children and animals routinely playing in their front yards oron the public sidewalk -certainly a recipe for disaster. Further,given the intensity of additional vehicle trips generated by the illegal operation ofthe Step House Recovery home,I would suspect that the on-site meetings do not involve only the residents of the home.I do not appreciate the aforementioned negative impacts associated with regular mass assemblies of people in my neighborhood and directly next doorto my home. Finally and most importantly,the Step House Recovery home is currently operating and prOViding treatment on-site however the home is not properly licensed.I am a firm believer ifyou are providing care for at-risk and recovering addicts you should only provide treatment in those facilities that hold ADP license.To provide sufficient care to those in need.it is important to get all licensing upfront and have appropriate staff.The fact that this particular home has been operating without sufficient permissions is unbelievable. For all of the reasons mentioned above the Step House Recovery home has negatively impacted not only my neighborhood but also my safety and I do not feel they should have permission to apply for licensing.Again,I am a big supporter for rehabilitation programs,however they need to be opened and staffed appropriately to provide the best treatment. Please let me know ifyou have any questions and thank you again for allOWing the community to provide input on this issue. My best, 1 Jen Jennifer Bosco Assistant Brand Manager,Communications Toastmasters International (949)858-8255,ext.262 Fax:(949)459-2466 Toastmasters:Achieving Greatness Together www.toastmasters.org 2 Brown.Janet From: Sent: To: Subject: Michael Casciola [mcasciola@cox.net) Tuesday,july 12,2011 3:15 PM Cosylion,Matt;Brown,Janet;Hill,Rush Fw:Paper Lane For your information,a copy of what I sent to Cassi.Thank you. From:Michael casciola Sellt:Iuesday,July 12,2011 3:10 PM TQ:cpalmer@newportbeachca.gov SUbject:Paper Lane Hi Cassi,It was good to meet you at the library the night the City presented the situation on Paper Lane.I live at 2499 Anniversary Lane.While the front of my home faces Anniversary it is on the corner ofPaper &my side &back yards face the Paper Lane house.There is parking all along Paper adjacent to my side &back yards.Among other things,I spoke at the meeting and voiced my concerns about parking along this strip on Paper which is usually very quite &peaceful.The other night a white or silver sedan car was parked along the street in this area on Paper Lane that I am concerned about..The windows were open and the 4 occupants were smoking.it was occupied with 4 men who were somewhat noisy.They were smoking and of course the smoke drifted across the fence and into my family room as we had the doors open.The distance is approximately 20 feet from where they were parked to myopen door. .Again not to be hasty about these things,I waited for some time listening to the loud noises and smelling the smoke from their cigarettes.After a while I decided to go out &look.as I walked around the corner from Anniversary to Paper 1 man came out ofthe car and walked across the street to the subject home.I assume he is a resident.The 3 remaining in the car,I don't know ifthey are also residents or just visitors,loudly cheered him home.As I got closer the car drove away before I could get a plate number. With the current state of politics I am assuming that this is going to get approved.I would like to see some strong language in the agreement that restricts parking along the area of Paper Lane I am referring to.After all there are more than amble spaces on this property to accommodate the numbers of cars expected.They have .2 garages and a very long driveway and at least 2 more spaces alOng the curb at the house.This can accommodate all their needs for parking.There is no need for anyone to park along side Paper Lane adjacent to my house. I wanted to bring this to your attention so that you are aware ofwhat is starting to happen here. Thank you Regards, Michael A.Casciola 2499 Anniversary Lane 1 Brown,Janet From: Sent: To: Subject: Hla Tin [hlatin@att.net] Thursday,June 30,2011 5:55 PM Brown,Janet;Cosylion,Matt Stephouse Recovery Home in Anniversary Tract Dear Ms.Brown and Mr..Cosylion, We understand you are interested in hearing from the local residents near the Stephouse Recovery home in the Anniversary Tract. I am one of the few who had owned a property for more than 35 years and lived here,and raised a child in a safe neighborhood,because we have a neighborhood watch program,and most ofus know each other.Ail of us pride ourselves by keeping the neighborhood safe for our children. The City plan cailed for being a single family residential and is one of the reasons why we bought here and settle down here so he could live in a safe and untainted neighborhood.Even though our child has graduated and left the area for the time being he intends to raise his children over here and we have made a lot ofinvestment on the property. Right from the beginning we noticed that the addiction recovery home is operating in a rented house for the past several months with no city approval or license to operate as though sneaking in untii some one finds out and then try to grandfather the zoning restriction and make it legal for their stay.Do we forget what happened or still happening in the Santa Ana Heights Bay View Community,where similar situation has brought the residents in the area in protests?I am sure the City has spent many man hours and $$fighting this case. We have heard that these same "Stephouse Homes"are starting to proliferate in Santa Ana and then spreading over to the Coastal Community such as Costa Mesa.Incidentaily one of the tenants of the Costa Mesa promotional house was caught trying to break in to steal a car in the late hour of the night after crossing three streets to break the win'dow of a car.Local police resource was needed to patrol and cite this violation.This type of criminal behavior should not be tolerated'in a family neighborhood. We have been also told by other residential neighborhoods of Santa Ana that once they get hold ofa place they expand in the area and degenerate the neighborhood with more resources having to spend from the cities to pay for the high volume trash pick up and sanitatioli services from one single family home.We notice the same in the Anniversary tract for trash now.What we may realize in a drop in the bucket revenue increase for this "business"does not compensate for the high expense for the City,that we the victims and tax payers,have to pay for. The new owners bought their homes for a chance to live in this neighborhood;and with the economy and housing down turn they have paid dearly for their homes which are now depreciating in value,and encroaching with unlicensed" business operators'in the zone for residential neighborhood.We beseech the City Authorities to exercise control overthe situation for the residents sake. As we are ail aware the care and facility needed is not a rental house,but a treatment center which wiil adequately provide the needs of the chailenging medical and professional care needed for these wayward tenants of the Stephouse Recovery home.They need the traditional hospital or properly equipped medical facility not a rental unit where many patients are bunched together to have maximum profit for the operators and not adequate benefit for the patients. We hope that the City authorities will not ailow any such unlicensed or for that matter (licensed by,the city)use of property with a facade of the Step house Recovery home in our great City of Newport Beach. Sincerely, Neighborhood Watch Watching Neighborhood 1 Palmer.Cassi From: Sent: To: Cc: SUbject: Matt, Barbra Bean [barbrabean@hotmail.com] Wednesday,June 29,2011 1:49 PM Cosylion,Matt Palmer,Cassi RE:Contact Info In answer to your questions: 1.The driveway that is partially blocked is our property 2.The vehicle parked over the sidewalk is at 2927 Paper Ln 3.The first pictures were taken in late March/early April and I believe the second set was on June 12th I will email Cassi Palmer in the future. Thanks, Barbra Abell Subject:RE:Contact Info Date:Wed,29 Jun 2011 12:22:16 -0700 From:MCosylion@newportbeachca.gov To:barbrabean@hotmail.com CC:CPalmer@newportbeachca.gov Good Afternoon Mrs.Abell, After reviewing the attached pictures,I have some questions for you: 1.The pictures showing the truck partially blocking the driveway-Is that the driveway for your property? 2.The pictures showing the car parked over the sidewalk-Is that vehicle parked at 2927 Paper In? 3.When were theses pictures taken? To assist us in future investigations,it would be helpful if you could take a picture of the license plate ofany vehicle in question.Additionally,you should also try to take a perspective picture,a picture that shows the entire area including the area in question. lastly,the code enforcement officer for your area is Cassi Palmer.Please forward any future complaints to Cassi Palmer but copy me on any emails or correspondence. Thanks Matt 644-3217 From:Barbra Bean [mailto:barbrabean@hotmail.comJ Sent:Sunday,June 26,2011 8:53 PM To:Cosylion,Matt Subject:RE:Contact Info 1 Matt. Attached are some pictures documenting parking infringements concerning the Stephouse recovery on Paper Lane.We would also like to note our complaints about secondhand smoke in our yard. Thanks the time you have taken addressing our concerns. Barbra Abell Subject:Contact Info Date:Wed,1 Jun 201113:19:11 -0700 From:MCosylion@newportbeachca.gov To:BARBRABEAN@HOTMAIL.COM Janet Brown jbrown@newportbeachca.gov 949-644-3236 Matt Cosylion Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach,ca 92663 ph.(949)644-3217 fax.(949)718-1840 2 Brown.Janet From: Sent: To: Subject: Shanel Wilson [shanelaileen@gmail.com] Thursday,June 16,2011 9:50 PM Brown,Janet;mcosylion@newportbeach.gov Stephouse Recovery-2927 Paper Lane Ms.Janet Brown and Mr.Matthew Cosylin, Ithas been brought to my attention that an unlicensed recovery home has been operating across the street from my residence I share with my husband.I am distribed by this news.I was wondering why there was men lingering outside ofthe house and more cars than usual on the street.My husband and I appreciate that these individuals are seeking treatment at the Stephouse offers,however,we don't feel comfortable having them in our neigborhood.The cars are always parked on our side ofthe street and near our house.I was watched by a man standing in the driveway while I pulled into my house.We have a family-oriented neighborhood and want to keep it a family-oriented neigborhood.It is also distribing that they are operating without a license.This shows me that they were trying to go undetected and that does not breed a spirit oftrust or neighborly demeanor.This makes me feel violated that they would just begin operation without consideration oftheir legal duty until they were found out. Thank you for listening to my thoughts and concerns regarding the matter. Shanel Wilson Learner/EmpathylDeveloper/Inputiindividualization 1 Brown,Janet From: Sent: To: Cc: Subject: Nicolina Valente [nicolina2@roadrunner.com] Monday,June 13,201110:58 AM Cosylion,Matt Brown,Janet Addiction recovery home at2927 Paper Lane,Newport Beach Re:"Stephouse Recovery"at 2927 Paper Lane,Newport Beach Dear Mr.Cosylion, We are completely against this addiction recovery home in our neighborhood and have noticed an increased amount of traffic and loitering in recent months. Also,there are a significant number ofyoung children in our neighborhood and a treatment center of this sort does pose threat to our children's safety. Thank you for your help, Sincerely, Sebastian and Nicolina Valente 1 Brown,Janet From: Sent: To: SUbject: Attachments: Michael Casciola [mcasciola@cox.net] Sunday,June 12,20111:18 PM Brown,Janet;Cosyiion,Matt Stephouse Recovery CCF06122011_00000.pdf Janet Brown &Matthew Cosylion, This issue has just been brought to my attention by a concerned neighbor only today.I wanted to get my initial comments to you ASAP.please see attached.Thank you. Michael Casciola 1 Michael A.Casclola 2400 Anniversary lane Newport Beach,California 92660 949·6B3·9198 Ms Janet Brown,Associate Planner Mr Matthew Cosylion,Code Enforcement Supervisor Dear Janet and Matthew, When I arrived home last night Ifound a pamphlet at my front door concerning the Recovery House operating on Paper lane across from my home.This was a shock to methatsuch an operation can exist without proper notice to and consentofthe surrounding neighbours'.And I understand that this operation is without Citv approval as well. Before you get the Idea that this is just another NIMBY complaint from a bigot let me take the time to explain somethingtoo you.Iam a practicing attorney and my practice canters around representing clients who develop affordable housing.So Iam aware of the NIMBY attitude as I make presentations before various City Councils and the opposition that these developments arouse in the neighbours'.So I don't take this issue lightly. Affordable housing is an economic issue ofgood people who need financial aide and yet it brings out hostility based on racism.This Is a more serious community concern a it Involves persons who clearly have severe addiction issues &some of whom have a history of using violence to satisfy their needs. These persons clearly need help.But the Issue is where the best venue to provide that assistance Is.Ibelieve projects like this belong in neighbourhoods better equipped to house them and provide for their medical &other corollary services.These should be in more populated areas where there is more activity both byfoot and vehicular traffic and police awareness than in a small community such as this which rarely gets police patrols.It is a very vulnerable area to covert and sneaky activities by person's Intent on doing harm.The pollee patrols are nearly non-existent In this neighbourhood. These are persons who are not well and need much attention by medical and other professionals which are provided for In other government and private facilities staffed to handle the various personalities and behavioural issues accompanied by these illnesses. What ofthe case of one who does not take well to the treatment.What Is he or she capable of doing in a quite area such as this?We have only a small 5'foot high fence to guard us from dangerous activities from one looking for money to buy drug,etc.Easy targets without pollee observation. The City has any equal obligation to protect us as well Instead of always taking the side of the indigent person. And what will this do to the property values of the community once this gets out and others wiil surely follow if the city makes it so easy to operate oneof these facilities.What you have here is a desperate and selfish home owner looking to find a way to salvage his rental property without regard for his neighbours.And the operator is merely interested In profits without regard to services.Iam certain that there will not be any security as would be provided for In other facilities such as a hospital or other well planned organized entity to protect both treatment and security to the patients a well as the surrounding community. I have enclosed an article Ijust read in todays newspaper entitled lido's rehab home which describes the experience of another city dweller.What's next on the behavioural patterns? Where will city staff be when one of them needs to find an easy house to break into when the counselling falls and they need some cash.How will this be staffed and what does the city codes provide for in this area?How many persons per bedroom will they house?What olthe City & health codes?Surely theywill apply for a variance which shoUld not be granted.Iam certain that this business is in it for the profit and not the caring that a better staffed facility can prOVide for these recovering individuals.Check out their website.By their own admission they claim to specialize in cases of patients who have failed in other facilities.Is this really an operation you can justify for this neighbourhood?Ithink not. Your obligation is to prqtect all ofyour citizens and not to find a way to protect a few at the dismay ofthe many.This Is an initial response that I wished to get before you as soon as possible before you take any action.As the neighbours speak and organize Iam certain you will hear more form us. Please 'don't reduce number ( Mailbag UndaKleln NewPort Beach mockery of our local gov- ernment and our CQInJUU- nity? to Zpizza in-lido Village for IU11ch and being smoked out bya group of swearing rehab clients who took con- trol'of the area outside of the restaurant where I was eating.They littered the area ...vith their cigarette butts and coffee cups be- fore leaving.. sadly,my current experi- .cnce of spending time in my neighborhood am)en- deavoring to support our local merchants is the same.Momlngside Recov- ery isa rehab operator that is continually out of com-. pli.ance with the regulations that govern rehab business~. es in our city. .Why is our city continu- ing to allow this scofflaw to opemte illegallyandmake a then-City Council and po- lice chief prioritized com- munity policing,'and werent just applying reac- tiop.ary law enforcement Have the council priorities changed?There are so many unanswered ques- tions. Please don't make rash decisions a.bout cuts to our Costa Mesa Police Depart- ment thatwill reduc~police services and COlnmunity- oriented policing.. Katie Il.rlhllr Costa Mesa rn response to the online article,"Police Restructur- ing Plans to be Presented" (fune 9):I am wonied about cuts to the Police De- partment and public safety in our communit)~Our Po~ lice .Department.has worked closely with .our neighborhood here on the Eastside to reduce speeding traffic and to reduce .crirni~nal activity in our more densely populated areas,' How will these cuts im- pact us and the City ai large?And will they turn hack all of the efforts our neighborhood has made with the city to reduce crime and speede~on our streets?''''VUI we suffer a re- duction inpatroland traffic enforcement? Just a few years ago,the UcIo's rehab home smokers ' Some months ago,I sharedwith the City Coun- cil my experience of going'..---~~_____j7'___~~A Brown,Janet From: Sent: To: Cc: Subject: LAURA REYNOLDS [elorreyn@yahoo.com] Sunday,June 12,20111:22 PM Brown,Janet;Cosylion,Matt mike a casciola Unlicensed Recovery Home On Paper Ln. I am contacting you as a concerned homeowner living on Anniversary Lane in Newport beach.I am very shocked to learn,and very much opposed to the unlicensed "Recovery House"onPaper Lane. I live and work in Newport Beach.I am very aware ofthe growing concern and on going controversy with the number ofrehab facilities in the city. I pass two such facilities 5 days a week.Usually bathrobe clad residents are congregated on balconies and in driveways smoking and socializing as early as 7:30 AM.The parking on this street is horrible,to the point ofobstrucing the view oftraffic.Bicycles are stacked on driveway and sidewalk,and luggage is left et the curb.I have to wonder ifthe luggage belongs to the sucessfull orthe unsucessfull. As a medical professional,I am in contact with many participants of,Morningside and Sober Living By The Sea programs.I find that these patients are basically ill mannered,non compiant,undependable,untruthfull and only looking out for themselves.Really not pleasant to work with.I certainly never thought that there was a chance,that as a group,they would become neighbors. Our quiet,(I've never seen police patrol ),family neighborhood has retirees and small children .It has been and should remain a safe haven without the obvious won'ies that come with transient"residents".Our safe environment would be greatly altered in a manner not consistant with a feeling ofwell being. Seeing the website for "Stephouse recovery"did nothing to make me feel the least bit better about the situation.They boast ofbeing ...."especially benefial to younger clients and those who have previously been to more than one treatment program....with mixed or negative resuits,and posess a relapse history".They also state how important it is that "the client not feel uncomfortable".This doesn't sould like Stephouse is concerned for the comfort of its neighbors. The wesite testimonials,video and written,are about going to the gym,personal trainers and dancing. other stories are about being treated inmultiple other treatment centers,and stories ofrelapse.Not a good sign overall! What really makes this program better or more effective.....OUR beautiful Newport Beach atmosphere??? Thank:you for your attention to this situation,sincerely, Laura L.Reynolds 1 Brown,Janet From: Sent: To: Cc: Subject: Greg Badum [gjbadum@yahoo.com] Saturday,June ii,2011 8:47 PM Brown,Janet;Cosylion,Matt;Kitt,Dave;Hill,Rush;mhenn527@hotmail.com;Dept -City Council;Badum,Steve Greg Badum Recovery Home on My Street (2927 Paper Lane,Newport Beach) It has just come to my attention that the rented home on my street is being used as an addiction recovery home.This is unacceptable use of a single family home on our street and in the City of Newport Beach.We have a quiet out of the way family neighborhood.There are many small kids in our neighborhood and our street including my 8 year old boy.I do not want my son exposed to these elements in this business use of a residential area.I have noticed many shady characters at this home,hanging out and chain smoking at the curb and the corner.Please assure me that this type of home is not allowed on our quiet street! I trust that this activity will NOT be approved to operate in Newport Beach. Please assure me that this unapproved facility will stop operation immediately. Greg Badum 2900 Paper Lane Newport Beach,CA 92660-3311 949-642-3302 1 Brown,Janet From: Sent: To: Subject: Vanian Douglas and Sandra [beachbumz4@sbcgiobal.net] Saturday,June 11,20113:13 PM Brown,Janet;Cosylion,Matt Re:2927 Paper Lane,Newport Beach Here is my point once again...Last night another break in!!III1!!!!!!!!!!!1I I am furious!III1!! On 6/9/11 7:01 PM,"Vanian Douglas and Sandra"<beachbumz4@sbcglobal.net>wrote: My husband and I are extremely concerned after being made aware that there is a "business"being run out of our residential neighborhood at 2927 Paper Lane,Newport Beach,CA 92660.To make matters worse it's notJust any .business it's a recovery housel!We live on Anniversary Lane. We have had a car break in recently.There have been people smoking pot in front ofour neighbors house.We have noticed more riff raff in our neighborhood and could not figure out why this had increased...well now it all makes sense. I understand recovery houses are needed but they do not belong in residential neighborhoods filled with children.It infringes on my rights and the rights of my child ...who can no longer ride his bike to his friends house because he has to pass the house with the people dealing with sex addiction,drug abuse,alcohol abuse,etc.... We all live in this neighborhood because it's a friendly family oriented residential area!!!!Furthermore,how is it that the residents of this neighborhood were not notified -putting ourselves and children at risk?!?!?!? Douglas and Sandra Vanian 1 Brown,Janet From: Sent: To: Cc: Subject: Ken @ Waterscape Solutions [ken@waterscapesolutions.com] Friday,June 10,2011 9:50 AM Brown,Janet;Cosylion,Matt Gretchen McPhie Re:2927 Paper Lane,Newport Beach Representatives of Newport Beach, Why is it that a prestigious community such as Newport Beach allows detrimental business activities (sober living houses)to occur within the neighborhoods,jeopardizing the well being of residents, especially safety of children and ultimately lower property values that people work very hard and contribute significant investments to obtain?The mere existence of these sober living houses within the City of Newport Beach should be reconsidered,regardless of personal benefits to facilities' occupants,which inherently have questionable success rates. Furthermore its completely unacceptable that a business can operate a house full of occupants that pose a potential safety risk to the families,especially children,without formal approval from the City and surrounding neighbors.Prior to these facilities conducting business,neighbors should have the right vote and if approved,the right to know the number of occupants,their names,age and nature of each individual's addiction and be notified when occupants change so appropriate measures can be taken to safeguard the community. I appreciate your time and most thorough attention to this matter.If you have any questions/comments please feel free to contact me. Regards, Ken McPhie -----Original Message ----- From:Gretchen McPhie To:ibrown@newportbeachca.goY ;mcosylion@newportbeachca.goY Cc:Ken McPhie Sent:Thursday,June 09,2011 5:50 PM Subject:2927 Paper Lane,Newport Beach It has recently been confmned,though I have long suspected,that a "recovery"house has been operatingillegally and "unlicensed" on my street.My address is 2911 Paper Lane,2927 Paper Lane is 2 houses away from us.My husband and I have 3 young children who (along with us and many ofour neighbors)have complained about the cars driving fast on our small,cul-de-sac street,cars drive slowly as ifto "check out my children while outside playing",etc.I am absolutely against this house being operated as a recovery home,rehab home or whatever The Stephouse Recovery tries to call itself.This is a single family residential area made up ofall small FAMILY owned (and 90%children occupied)cul-de-sacs.We have lived in this peaceful neighborhood for 7 years and cannot believe this type ofplace can be just 2 doors away from us! I absolutely do not approve ofthis operating anywhere NEAR my family,my neighbors or other children in ourneighborhood.The confirmation ofthis recovery home is very npsetting to all ofus. Thank you for your time. Gretchen McPhie 1 Brown,Janet From: Sent: To: Subject: Cheryl Hall [chrylhall@yahoo.comJ Friday,June 10,20117:16AM Brown,Janet;Cosyiion,Matt 2927 Paper Lane To Whom it May Concern:My name is Cheryl Hall and we live on Golden Circle.We are sickened and distraught ofjust finding out that the residents that live at 2927 Paper Lane are sex addicts,etc.PLEASE do not accept their petition to live in our neighborhood!!!!!!We are all rallying against them being here!!!!Cheryl Hall 1 Brown.Janet From: Sent: To: Subject: Rick Dayton [rdayton@juno.com] Friday,June 10,2011 9:37 AM Brown,Janet Fw:"stephouse recovery"at 2927 Paper Lane Hi Janet, I'm re-sending this.I typed your e-mail address incorrectly. Rick ----------Forwarded Message ---------- From:"Rick Dayton"<rdayton@juno.com> To:jbrown@newportbeackca.gov,mcosylion@newportbeachca.gov Cc:DKiff@newpoltbeachca.gov,lesliejdaigle@aol.com Subject:"stephouse recovery"at 2927 Paper Lane Date:Fri,10 Jun 2011 16:29:43 GMT Dear Janet and Matthew, Ifthe information we have received is correct,Stephouse Recovery has been operating an addiction recovery home for several months in a rented home at 2927 Paper Lane without a license from the City ofNewport Beach.It's our understanding that the City discovered this,and that the business owner ofthe facility has subsequently applied for City approval under "reasonable accommodation". As you are aware,sober living facilities have been a headache for several Newport communities,including the Peninsula and the Pegasus tract.As homeowners in the Anniversary tract,we don't wish to see these same problems happen to our neighborhood.The fact that this facility was operating without a license does not give encouragement that it would abide by any operation regulations imposed as a part oflicensing. With the number ofrental homes in this neighborhood,it seems vulnerable to the proliferation ofthis type offacility. Iflicensed,Stephouse Recovery will be a precedent for this to happen.We are very much opposed to the licensing ofthis business at this location. Would you please send us a follow-up e-mail as to the status ofthis application. Sincerely, Rick and Shirley Dayton 2900 Silver Lane,NewpOit Beach,CA 92660 949.645.1717 1 Brown,Janet From: Sent: To: Cc: Subject: Gretchen McPhie [gretchenmcphie@roadrunner.com] Thursday,June 09,2011 5:51 PM Brown,Janet;Cosyiion,Matt Ken McPhie 2927 Paper Lane,Newport Beach It has recently been confmned,though I have long suspected,that a "recovery"househas been operating illegally and "unlicensed"on my street.My address is 2911 PaperLane,2927 Paper Lane is 2 houses away from us.My husband and I have 3 young childreu who (along with us and many ofour neighbors)have complained aboutthe cars driving fast on our small,cul-de-sac street,cars drive slowly as ifto "check outmy children while outside playing",etc.I am absolutely against this house being operated as a recovery home,rehab home or whatever The Stephouse Recovery tries to call itself.This is a single family residential area made up ofall small FAMILY owned (and 90%children occupied)cul-de-sacs.We have lived in this peaceful neighborhood for 7 years and cannot believe this type ofplace can bejust 2 doors away from us! I absolutely do not approve ofthis operating anywhere NEARmy family,my neighbors or other children in ourneighborhood.The confmnation ofthis recovery home is very upsetting to all ofus. Thank you foryour time. Gretchen McPhie 1 Brown,Janet From: Sent: To: SUbject: Vanian Douglas and Sandra [beachbumz4@sbcglobal.net] Thursday,June 09,2011 7:01 PM Brown,Janet;Cosylion,Matt 2927 Paper Lane,Newport Beach My husband and I are extremely concerned after being made aware that there is a "business"being run out ofour residential neighborhood at 2927 Paper Lane,Newport Beach,CA 92660.To make matters worse it's not just any business it's a recovery houseII We live on Anniversary Lane. We have had a car break in recently.There have been people smoking pot in front of our neighbors house.We have noticed more riff raff in our neighborhood and could not figure out why this had increased ...well now it all makes sense. I understand recovery houses are needed but they do not belong in residential neighborhoods filled with children.It infringes on my rights and the rights of my child...who can no longer ride his bike to his friends house because he has to pass the house with the people dealing with sex addiction,drug abuse,alcohol abuse,etc.... We all live in this neighborhood because it's a friendly family oriented residential areal!!!Furthermore,how is it that the residents of this neighborhood were not notified -putting ourselves and children at risk?!?!?!? Douglas and Sandra Vanian 1 Hearing Officer Attachment L Sample Operational Conditions (PROPOSED)CONDITIONS APPLICABLE DURING ABATEMENT PERIOD REASONABLE ACCOMMODATION NO.2011-001 StepHouse Recovery,Inc. 2927 Paper Lane,Newport Beach 1.Abatement Period.This use shall abate no later than _months following the adoption of a resolution denying reasonable accommodation. 2.Occupancy Level.The operator StepHouse Recovery,Inc.hereinafter referred to as "Operator,"shall limit occupancy of the dwelling to six (6)client beds and one on:site resident manager,who shall be a qualified recovery specialist.No more than six (6)persons in recovery may reside in the dwelling. 3.Staffing.Operator shall have one qualified manager on-site at all times (24 hours a day,seven days a week)to appropriately and responsibly manage the facility. 4.Governmental Referrals.Operator shall not provide any services to any client or house any client who has been referred or caused to be referred to this facility by any governmental agency,including but not limited to probationers or parolees. 5.Assembly Uses.Assembly uses are prohibited,except those that are limited solely to client residents of the facility and facility staff. 6.Medical Waste.Any and all medical waste generated through the operation of the facility shall be disposed of in accordance with the City of Newport Beach's Municipal Code,all other laws and best industry standards and practices. 7.Trash.Operator shall abide by the City's regulations regarding trash disposal including providing the proper amount of trash cans for the property's use (so that cans do not overflow),placing the cans out no earlier than 7:00 pm the evening prior to collection,and placing the cans back in the side yard (or other contained area)no later than 6:00 pm the day of collection. 8.Smoking &Cigarette Litter.Per NBMC Section 20.52.030 (G.3),no clients, guests,or any other users of the subject property may smoke in an area from which the secondhand smoke may be detected on any parcel other than the parcel upon which the use is located.StepHouse Recovery,Inc.shall enforce house rules against liller,including allowing clients,staff,or residents from littering cigarette butts on the ground,sidewalk,gutter or street. 9.Vehicles,Parking &Garages.This facility may have a maximum of __ vehicles associated with its use.The Operator shall keep the two (2) designated garage parking spaces at the facility open and available for parking for staff,and resident clients at all times.One space shall be designated for use by the on-site resident manager.The other spaces shall be designated for use by client residents and/or visitors.At most one other client in the Facility may have a vehicle and park on the street in a legally-designated parking spot. Client move-in and move-out shall be accomplished in such a manner that traffic on area streets is not blocked,nor can area driveways or alleys be blocked. 10.Transportation.Transportation services provided by the facility operator shall abide by and respect all City rules regarding parking,stopping and waiting to load and unload resident clients,and driving on City streets.The transport van driver is prohibited from stopping or double-parking in a traffic lane,or blocking a sidewalk. 11.Quiet Hours.The on-site facility manager shall maintain "Quiet Hours" between 10:00 p.m.to 8:00 a.m.,daily,where persons on the street or on adjacent properties cannot hear any noise (including music,TV's,voices)from the facility except in an emergency. 12.Profanity and Lewd Behavior.Operator shall not tolerate lewd behavior,lewd speech,or profanity at the subject property.Profanity at a level audible to neighboring residents may result in an administrative citation issued by the City upon the property owner and operator. 13.Deliveries.Any deliveries of business products and other packages and goods to the facility during weekdays shall be made between the hours of 9:00 am to 5:00pm. 14.Contact Information.Operator shall provide area residents and the City with a 2417 contact name,phone number and e-mail address to assist residents and the City with problems or concerns arising from the facility.E-mails or messages left for the Operator's designated contact shall be returned in prompt manner within the next 24-hour period. 15.Building and Zoning.Operator recognizes that the subject property has specific setbacks from the side yards,front yard,and/or back yard per the City's Building and Zoning Codes.Operator will keep these setbacks clear of obstruction,including building obstruction.The orderly storage of trashcans is acceptable in setbacks. 16.Facility Nuisances.The subject property shall not be unsafe,unsightly or poorly maintained.If Operator receives a nuisance violation from the City in regards to any of these issues,Operator shall correct the violation within seven days or contact the City directly to negotiate a mutually agreeable timeline. 17.Beaches and Other Common Gathering Areas.Operator's use of the beaches for meetings,prayer,conversation,or other gatherings shall show due respect to non-resident visitors,residents,and other beachgoers,thus allowing them to take full enjoyment of the beach.Operator shall not conduct business on the beach (per NBMC 10.08.030) 18.Services to Facility's Clients or Residents.Operator will use industry's best practices to ensure that the facility's clients or residents stay in recovery (including scheduled substance testing,random substance testing,and encouragement of 12-Step meetings or counseling).Operator has represented that the facility operates with an average client stay of six to twelve months. Operator shall use best efforts to maintain,at a minimum,average client stay of six to twelve months.Operator shall ensure that any client or resident removed from Operator's program or facility has the resources necessary to return home. 19.Federal,State and Local Laws.Operator shall comply with all federal,State, and local laws.The issuance of this reasonable accommodation shall not constitute a waiver of the requirements of any federal,State or local law, including the requirements of the California Building Code and Fire Code. 20.Compliance with Conditions.Operator shall comply with these conditions during the _-month abatement period. # # #