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Home My WebLink About15 - Annual Review of Zoning Agreement for Sierra by the Sea (PA2010-150) - CorrespondenceReceived After Agenda Printed October 24, 2023 Agenda Item No. 15 From: Whelan, Melinda Sent: October 23, 2023 4:26 PM To: City Clerk's Office Cc: Rodriguez, Clarivel Subject: FW: Sierra by sea Please add to the record for City Council 10/24 -----Original Message ----- From: Lee Gittleman <leegittleman@gmail.com> Sent: October 20, 2023 4:46 PM To: Whelan, Melinda <MWhelan@newportbeachca.gov> Subject: Sierra by sea [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Melinda, Thank you for your offer to help. Sober Living by the Sea now named Sierra by the Sea a business operating at 4711 Seashore has been in our residential neighborhood for years and no matter how many times we've complained and how much we have said in complaints nothing has improved our quality of life here. Their business model has made it clear they have more rights to quality of life and the right to the enjoyment of their business than we do as homeowners to our quality of life and the right to quiet enjoyment of our homes. This year we have made numerous calls to Code Enforcement. 4711 Seashore AKA Sierra by the Sea hires an outside company confirmed by the instructor to hold daily yoga classes without permit on the beach in front our our homes for their clients. The instructors also use singing bowls as a relaxation technique but more important than their relaxation those sounds for others create known health risks. Last month Tim Salmon my next door neighbor was having his daughters wedding shower at their home when the group yoga class of 14 men placed their mats and sound bowls within 10 feet of his daughters luncheon. This is not a one time occurrence it is a guaranteed scheduled constant. Confrontation with their management did occur about the topics explained in the paragraph above and confrontation has occured countless times on the untenable stench of their clients persistent smoking on their patio and garage area. Their clients yelling and profanity during their recreation periods are notorious and decimate our rights to peace and quiet. Management did inform us they utilize the 4711 Seashore business location as a gathering location for their clients who choose not to pay the higher rate to be directly on the oceanfront. During our discribed meeting with management their clients totaling approximately eleven men stood on the patio of 4711 Seashore making intimidating gestures and lighting their cigarettes in what any normal person would acknowledge was an obvious show of solidarity against our complaints. Management did not have a deterring effect on their clients which created for us a noted very real personal fear. The management of Sierra by the Sea 4711 Seashore confirmed at the meeting that the majority of their clients are there to serve alternative sentencing for Drug and Alcohol offenses so they technically shouldn't be classified as disabled. Sierra by the Sea's constant turn over of clients guarantees a healthy profitable business with no reason for concern of repercussion for damage done to the neighborhood they occupy. Our right for the quiet enjoyment of our homes is being overridden by their desire for corporate profit. Sincerely, Lee Gittleman Received after Agenda Printed October 24, 2023 Item No. 15 From: Whelan, Melinda To: Brown, Leilani Subject: FW: Public Hearing Date: October 24, 2023 12:31:20 PM From: Timothy J.Salmon <timsalmonl5@icloud.com> Sent: October 24, 2023 12:09 PM To: Whelan, Melinda <MWhelan@newportbeachca.gov> Subject: Public Hearing [EXTERNAL EMAIL] DO NOT CLICK links or attacnrrrents unless you recognize the sender and know the content is safe. Project File No. PA2010-150 Activity No. DA2008-005 Melinda, Hello, thank you in advance for accepting testimony application in regard to annual review of Zoning for Sierra by the Sea. I am a neighbor of the 4711 unit of Sierra by the Sea. I have been a neighbor for 20 years. In regard to our block of homes in the 4700 block we are all residents that have lived here for many years. Until recently, none of these homes have ever been made available for short term rental. (The unit on the opposite corner 4701 has recently become a short term rental.) I mention this only to point out the long term nature of the neighbors here. We have all aspired to create a neighborly feel of friendliness, support, and security. Sierra by the Sea, formally Sober Living by the Sea, has been a long time neighbor. Having a group home as such has always presented some issues at times not normal to the area or typical for residential living. For the most part the issues were tolerated from the standpoint of trying to be supportive of the types of people struggling with drug and alcohol abuse and the healing being afforded to them. The issues that we have had to deal with range from excessive noise (corn hole games in front of our houses rather than in front of their property), foul language, vaping and smoking on the patio (westerly winds blow everything onto the rest of the neighbors) and recently non permitted business activities (yoga class) out in front of our houses. (This year's yoga activities class has grown from 4 or 5 members to 10 plus indicating members from other Sierra homes in the area are joining in.) The collective group of neighbors have made comments in the past asking the staff to curtail some of this behavior or at least move it down the beach away from our patios to no avail. This is the first time the neighbors have taken their issues to the city. While there were many discussions with the city it seems the communication with Sierra didn't result in changed behavior. This past summer things really came to a boiling point with a confrontation that took place on the beach. It was a scary situation that fortunately was de-escalated quickly by the staff. The reason for this confrontation was because of the frustration on the part of the home owners having their pleas ignored or not acted upon by both the Sierra ownership and the city officials that were being made aware of the issues. (Side note: Sierra on site management claimed they were never informed by anyone within their ownership or by the city that there were ongoing issues with neighbors. Big lack of communication.) As an owner who has both a short and long term lodging permit, I am fully aware of my responsibility to ensure that my rental activities do not interfere with public peace and general welfare of the neighborhood. It seems to me that the owners of Sierra should be held to the same standards. Whatever the city council determines in regard to renewing permits I would hope they would establish more oversight of these facilities. Going forward, if Sierra were to stay, there needs to be clear outlined acceptable behavior being demonstrated. I would suggest placards in the facility to remind residents of the proper behavior. Sierra should be held to the same standard of being a friendly neighbor as short/long term rentals are with penalties for infractions and violations. Thank you for hearing our concern. Sierra by the Sea neighbor. From: Judis, Seimone To: Brown, Leilani Subject: FW: Sierra by the Sea Date: October 24, 2023 1:23:33 PM Attachments: imacie001.a_na For item #15 Seimone Jurjis Assistant City Manager / Director of Community Development Community Development Department Office: 949-644-3282 100 Civic Center Drive Newport Beach, CA 92660 Received after Agenda Printed October 24, 2023 Item No. 15 From: Whelan, Melinda <MWhelan@newportbeachca.gov> Sent: October 24, 2023 1:22 PM To: Jurjis, Seimone <sjurjis@newportbeachca.gov>; Murillo, Jaime <JMurillo@newportbeachca.gov> Subject: FW: Sierra by the Sea From: Ruth Moore <Ruth. Moore(@acadiahealthcare.com> Sent: October 24, 2023 1:21 PM To: Whelan, Melinda <MWhelan(cDnewportbeachca.gov> Cc: Ruth Moore <Ruth. Moore l@acadiahealthcare.com> Subject: Sierra by the Sea [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the . afe. AM Melinda thanks for taking the time to talk and your follow up. As discussed, we will send the formal correspondence regarding cancellation of the zoning agreement for your review and consent later this week. Per your request, please find the specifics. Sierra by the Sea has made the difficult decision to close its operations. The competitive market and high cost of operation in the Newport Beach area has created a situation where the long-term viability of the facility is no longer sustainable. The official closure is anticipated to take place by December 10, 2023. Sierra by the Sea opened its doors many years ago to provide a safe place for emotional, physical, and spiritual healing with a collaborative community of professionals who provide insight, understanding, and empowerment enhanced by a lifetime of alumni support. Prior to our closure, Sierra by the Sea will work with state and local agencies to ensure an orderly transition of remaining patients to the appropriate services as determined by the clinical treatment team. Over the past many years, Sierra by the Sea has helped thousands of patients experiencing the effects of a substance use disorder and other co-occurring mental health challenges by providing a safe and compassionate retreat as they began their journey toward recovery. We want to thank our partners and staff for the hard work and dedication in serving Newport Beach and the surrounding communities. Ruth K. Moore, CCEP, CRCMP Sr. Vice President Quality Acadia Healthcare 280o Lafayette Newport Beach, CA 92663 Ruth.moore (& acadiahealthcare. com 1-866-277-0274