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Home My WebLink About04 - Zoning Amendment for Recovery FacilitiesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 July 27, 2004 TO: MAYOR & MEMBERS OF THE CITY COUNCIL FROM: Robert Burnham, City Attorney, 644 -3131. rburnhamCcDcity.newport- beach.ca.us SUBJECT: Zoning Amendment /Recovery Facilities ISSUE: Should the City Council adopt amendments to the Zoning Code (Exhibit A) pertaining to recovery facilities that are intended to preserve the character of residential neighborhoods in a manner consistent with State and Federal statutory/decisional law? RECOMMENDATION: Staff recommends the City Council adopt the proposed amendments to the Zoning Code that are attached as Exhibit A. BACKGROUND: On February 24 2004, the City Council, after conducting two study sessions on the topic, initiated amendments to the Zoning Code "pertaining to recovery facilities in residential districts." The Planning Commission conducted noticed public hearings on the proposed amendments on May 20, 2004 and June 17, 2004. On June 17, 2004, the Planning Commission (4 ayes, 2 nays and one absent) voted to approve an ordinance identical to Exhibit A with the exception of the modification discussed below. On July 13, 2004, the City Council conducted a noticed public hearing on the proposed amendments. The City Council introduced the proposed amendments with one modification pertaining to the findings for a Federal Exception Permit and that modification is reflected in Exhibit A. We have attached a copy of an opinion from Dr. Michael Gales (Exhibit B), a specialist in the field of chemical dependency treatment, "a residential capacity of six or fewer constitutes a sufficient number of participants to achieve the stated goals of a sober living home." This opinion provides a factual basis for the proposed amendments. ENVIRONMENTAL: The proposed ordinance is exempt from CEQA pursuant to Section 15305 of the CEQA Guidelines (Minor Alterations in Land Use Limitations). Submitted by: Robert Burnham, City Attorney DRAFT ORDINANCE NO. AN ORDINANCE OF THE C11TY COUNCIL OF THE CITY OF NEWPORT BEACII, CALIFORNIA AMENDING SECTIONS 20.03.030, 20.05.030, 20.05.040. 20.10.010 20.10.020 and Chapter 20.91 OF TI1E NEWPORT BEACH ;A UMCIPAL CODE RELATING TO ALL CATEGORIES OF GROUP LIVING WHEREAS. the Cite has adopted regulations on different types of croup living arrangements at various times throughout the City's history, and WHEREAS. the existing regulations on group living are confusing and in need of refinement; and WHEREAS. in light of the Fair Housing Act Amendments, 42 U.S.C. ti 3601, et seq. (the "Act".), the Ci:v desires to codify its process for providing Federal Exception Permits when appropriate under the Act, NOW. THEREFORE, the Citv Council of the City oflNeNyport Beach hereby ordains as follows: SECTION 1. The following definitions contained in Section 20.03.030 of the Newport Beach Municipal Code are hereby amended to read as follows: "Campus" means three or more buildings in a residential zone within a 300 Ward radius of one another that are used together for a common purpose where one or more of the buildings provides a service for the occupants of all the buildings such as when one building serves as a kitchen 'food service area for the occupants of the other buildings. " Dw elling, multifamily' means a building containing three or more dwelling units, each of which is for occupancy by one family. "Dwelling, sink *le - family" means a ':iuilding containing one dwellin r unit fir occupancy by one family. "Dwelling, two family" means a building containing two dwelling units, each of which is for occupancy by a one family. "Family" means one or more persons living as a Single Housekeeping Unit. The tern "Family' shall include residential care, limited facilities for .six or fewer mentally disabled. mentally disordered or olhcrwise handicapped pcjsons, but no othcr Imm-, Troup not liyimg to<<cther as a sim-de housekeeping unit. "Single Housekeeping glut" means the functional equivalent of a traditional famila, whose Members are a non - transient, interactive group of persons joinlh' occupying a single d',yclliug unit. including the joint use Of common areas and sharing; 11OLISehOld activities and responsibilities such as meals. chores, and cspcnses. SECTION 2. The folloNN in-* definitions contained in Section 20.05,,010 of (lie iIs'ewport Beach Municipal Codc are hcrchv amended to read in their entiretti as follows: ,Day -Care, Limited" means non - residential, non - magical care and supcn'isiun of lwci e (121) or fewer person.,,- on a less than hyenty -four hour basis. This classification includes. but is not limited to nursery schools, preschools, and day -care centers for children (large and small family day -care homes) and adults. "Group residential" means shared living quarters without separate kitchen or bathroom facilities for each room Or anit. This classification includes boardim, houses, dormitories, fraternities, sororities, and private residential clubs, but excludes Residential Care - Limited, Residential Carc- General. and residential hotels (see Single -ROOM Occupancy (SRO) Residential Hotels, SccJon 20,05.050(EE)(4)). "Residential Cure - Limned" means shared living quarters without separate kitchen Or bathroom facilities for cap, h room or unit for sis Or fewer persons with physical or mental impairments which substantially limit One Or more Of such person's Major life activities. Thi. classification also includes. but is not limited to group hrnncs, sobcr livim, environments. reeoyerY facilities. and establishments providing non - Medical care tin' persons in need Of personal sen-ices. supcn'ision. protection. Or assistance essential for sustaining the activities Of daily li%in,. "Residential Care. General' means shared living quarters %vilhout separate kitchen or bathroom facilities fur each room or unit for seven or More persons with physical or mental impairments which substantially limit one OF min-C of such person's major life acliyilies. I-his classification includes but is not limited to I*roup hOn1CS. sober living enyirmunci .s, recovery facilities and establishnunts providing non - medical care for persons in need of personal services, supervision, protection m assistance essential for sustaining (lie activities of daily living. 2"1 I'n6-5( /)IIN 1(r -,[ "41 IJryLL:�UJ.41.1 "Single - Family Residential" means huildin_s containing one dwcllinL unit located on a single lot 1ior occupancy by one family. This classification includes mobile home and factory built hOLISIIIff. "Two-Family Residential" mean. buildines containinc two dwellinu units located on a Sinulc list. each unit limited to occupancy by a single family. This classification includes mobile home and factory built housin I. SECTION 3. The definition of "Residential Care. General" contained in Section '0.05.040 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 'Residential Care. General" means shared living quarters without separate kitchen or bathroom facilities for each room or unit for seven or more persons with physical or mental impairments \\Inch substantially limit one or more of such persons major life activities. This classification includes but is not limited to croup homes, sober liyim! environments. reco\ cry facilities and establishments providing non- medical care for persons in need of personal services, supervision. protection or assistance essential for sustaininu the activities of dai1v li\ SECTION 4. Subsection H of Section ?0.10.(110 of the Newport Beach 'Municipal Code is hereby amended to read in its entirety as follows: 11. Provide public services and facilities to accommodate planned population and densities. The specific residential districts and their purposes are as foil,-)NN s: Residential - Agricultural (R -A) Distriet. Provides areas for single - family residential and light fanning uses. SinLle- Family Residential (R -I ) District. This is the City's most restricti\ e residential zoning district, established to provide for a stable. social neiuhborhood for sinule - family residential land use, by limitinu occupancy to one family. Restricted Two Family Residential i R -1.5) District. Provides areas for sin.-le- family and two famih residential land uses with the total cross floor area of all buildings limited to a maximum floor area ratio of 1.5 times the buildable area. Two Family Residential (R -"_') District. Provides areas for single-family and two family residential land uses. Multifamily Residential (N1FR) District. Provides areas for single - family, two- family, and multiple family residential land us CS. SECTION 5. Section 20.1 O.U20 of the Newport Brach Municipal Code is he7eby amended to read in its entirety as foll(w s: 20,10.020 Residential Districts: Land Use Regulations, 1 he following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in residential districts, and includes special requirements, ii -any, applicable to specific uses. l he letter' P" dcsiunatcs use classaications permitted in residential districts. The lettcr'U' desi,_,natcs use classifications subject to certain limitations prescribed under the --Additional Use Regulations" which follows. The letters "UP" desit-matc use classifications permittcd on upproyal of a use pennit, as provided in Chapter 20.91. The letters "PE),11- designate use classifications permitted on approval of a use permit issued by the Plannin.- Director, as provided in Chapter 2(7.91. The letters "P.'UP" designate use classifications which are permitted when located on the site of another pemittcd use, but vyhieh require a use permit when located on the site of a conditional use. The letters RA designates use classifications for which a Federal Exception pcmrit must first he obtained pursuant to Chapter 20.91. Letter's in parentheses in the '-Additional Regulations" column refer to --Additional C Se Regulations" following the schedule. Vdhere letters in parentheses aec opposite a use classification heading, referenced regulations shall apply to all use classifications under the headin«. Districts: Land Use Regulations = Permitted Y = Use permit IiU = Use permit issued by the Planning Director Limited (sec Additional Use Regulations) = I:ederal I-aception Pennit = Not Permitted ,i a tww -4- R -,1 iR -1 R -L5 R -2 j MFR Additional !Regulations RESIDENTIAL — —j - -� —^ P - -_— —!(A). 1' P I (B). (C) Da} -Care. Limited P jP �Group Residential - -- I - -- : - -- Resideniial Care Limited P h' 1I iI jp — (Residential CarL, General _.— _...... _..-- -- -........__........;..._..._....__._.. Single- famih-Residcuti al — _ —.. -- _......... - - -_ ................- - -- h P -------- IFEP it .— ..._..__._...; EI' - - - -- _._......._.._...._......... j�lultifanihResidellial —; — - - -- �P —, �(D) Fwo- Family Residential - -- - -- IP P 1l' j(D) ,i a tww -4- �---�--'----'---------'-'-`-------' iP[BLlC A_NDSEI{l'PCBLlC| --,--- '- -' ''-�---' -- ' -'------r----'---------- �--- -- -��- l (A),'B),(C) � J�y -i-------�---------'--- !Li i'| - ----' --��------------� | --------�-- |[kdsand Lvd��s �- -'-----'---------- |L'2 |L-1 ----[�-�------'---------'--'-'--' 'i---'----. Convalescent Facilities -' [p ----- [Y --�--- ---'--i!C--1 ------'- --- | !Du! 'Curc6uncrxi i-' |[|' �[Y i\` i[y | ! �-�--- - -'------'-r------�-- |G.n�erou�ox(D Offices � -r----- --- '-----'--' -------i-------------'-'--i |...... � ---'-- - ---��-�-� ^`"p`"^" rr------ �-�. ___ _ _ |` Lill ___-__ ... __---------- Cy --- ---.- �y«rk and Recreation Facilities r— - |UP |UI/ ![/y .' --------'i------' -' ---- |UY |UP |Public Su1'c\?Facilities |lJ` !iJP |[P ---'------------ �[|` {CP | --'-�� Kd/Liows&osemh(y |0 '��----�---� i,Y !UP ---- - -- ---| ---- ^ 0�hooi� PuN�rundyd`n�c | � �� y r lJ, � J�y � � � � |U(Ubirs,�inor |_y _ _---___-'---- |,P ------- | � -----'-r-----'--- /��()AlhIEll<�l/\L[8l�S | -r-'-' �--'---(-'---------�' / | ------'--' | [--------�-��'-'--------'--- | - i.'`).(B).(C) | | _ |livdico|/urcLuudc& ill ��__—��----r-�----��--�i�--��-- iNurseries ---------'- Vehicle/Equipment Sales and ----'�---- ---'�-'-------- '------------------�---'------{ . (��nicc� . . . . . . -Commercial Parkim-, Facilitv L-3 ;L-3 L-3 -----------'--''[�--�-----T—'----'----'�-�--'---[--'--'----[----'--�---� Visitor Accommodations -- ---'--- |'B:duodBr�atfos\bnns L- � ---- !-' |-' ---''-------------------' | |UP i[P kF) '-SRO Residential Hotels |------��----'--- |''' �''' |''' ---�--------�------- -------- -------------r----'---'� CL-LITRAI, AND �-----r- ........ |'----------'�---------�---�--- EXTRACTIVE USES ,- | /\uiva<�ush«ndo� 1PD! -_' ...... _ ---_---_-__'--__- -------_'_--- _-----'-_--- -----�' f/oyz�ouvcuou ... ..... --�---- -' |-' --!------ �-- -- ik�ioingand Ypocessi�'L 1L'4 ---- ||.-4 iL'4 -'--��'--'--------'�-------- 11A |--- !L-4 H r------------ -- -- �---�r-------'---�----------i----�------- -----------� i------------ -- mCC2SS()]tYUSE8 �---'-------�[---------- | i -r----------- ! -------�--- |(/\).(8).(C) |/\cceuorxS(ruguresuodUses ��_ ;."y iyX�I` [P/��' _'-�-11), -��_--_-- ly !l'I[rP |l TEMPORARY USES �!� |Cir�usesundCon�i�ob |y |P ��l' it �K} | Commercial Fihnmg, Limited iP P P P lPersonal PropenY Sales P IP jP T Helipons. Temporm� 'L -5 - -- --- - -- Neal Estate Ofliccs. 7 euporu-c L -5 jL_5 it -_5 iL_5 Residential Districts: Additional Land Use Regulations P i1R) P -5 L-5 I(.1 L_5 ;(B) L -1: Twenty (20) acres minirn,im. L -3: Limited to Yacht c'.ubs. use permit rcil,iired. L -3: Public ur nor fee priV, -nC lots for automobiles may be permitted in any residential district adjacent n.) any conumereial or industrial district subject to the securing of a use permit in each rase. L -4: See Chapter 30.51. Oil Welk. L -5: Subject to the appmval of the Plaguing, Director. (A): See Section 30.60.025. RelOCatnble Ri ildin S. (B): Sec Section 20.60.015. TcmporarY Structures and uses. (C): Sec Section 2(,0.050. Outdoor 1 ighting. (D): \With the exception of uses in the IZ -1 7,one, am' dwelling unit otherwise 'NnniIIcd be :his Code nnav be used for short tong lodgigg purpose; as defined in Chapter 5.tt5 of tthc klunie ipal Code_ subject to the seeurin_ of: I . A business license pursuant to Chapter 5.04 of the Municipal Code. 2. A transient occupancy registration certificate pursuant to Section _.16.000 of the Municipal Code. A short term lodging permit pursuant ti) Chapter 5.95 of the Municipal Code. tr- ): Sec Chapter 20.55. Accessory Dwelling units. (F): See section 211.60.1 l0, Bed and Breakfast hills. (G): Keeping of Aniunls in the R -A District. The following regulations shall apply to the keeping of animals in the R -A District: 1. Large Animals. The keepinlo of large animals (as defined ::I Section 30.03.030) Shall he subject to the following regulations: a. Horses. One horse may' be kept for each ten thousand 110,000) square feet of lot area, up to a maximum Of three horses; provided, the horse or horses are kept for recreational purposes onl).'rhe keeping of four or more horses for recreational uses shall require a use permit issued by the Planning Director. The keeping of horses Ion commercial parposcs shall require a use pcnuit issued be the Plannin-, Commission. h. Other Larne Animals. Other lar_c animals, including ,goats. sheep, pigs and conk, ma ' he kept on lots of fifteen thousand (15,1)( 0) square feet or more and the n.unber shall not exceed two adult animals of any one species. C. Total Number Peninttcd. The total number of lace animals shall nm exceed six. Offspring arc exempt until such time as they are weaned. Domestic and Exotic Animals. The number of dornemic and exotic animals (as defined in Section 30.03.030) shall not exceed six. Offspring are exempt up to the age of three momhs.'I Ire keeping of four or more dies over the age of three months shall require a kennel license pursuant to Section 7.04.(191) of the Municipal Code. The keeping of wild animals shall require a pem;it pursuant to Chapter 7,05 of the Municipal Code. Small Animals. The number of small animals, other than domestic and exoi ie animals (as defined in Section 2(.03.030). Shall not exceed six. Of pring are exempt up to the :r =e of three months. 4. Ciulool. a. Domestic Animals. No such animas. c�:ccp t for cats. shall be permitted to tun at large, but shall be cnn.irted, at all tintes within a suitable enclnsure or otherwise under the control of the inctler of the property, b. Other /animals. No animal, other than domestic animals, shall be pemtitted to run at lard *c, but shall be confined, at all'.imes NNithin a suitable enclosure. (1 -1): See Chapter 20.51. Oil Wells. (I): See Scction 20.60.100. IIome Occupations in Residential Districts. (.1): See Section 20,(;O.05 >. Heliport. and IIelistops. (K): Special c� ent permit required, :cc Chaplet' 5.10 of the N'lunicipal Code. (I_): Sec Section 20.611.120. Personal Propem' Sales in Residential Districts. (%I): Sc(: Section 20.00.125. Desi,m Standares for Mobile I -Tomes on Individual Lots. SECTION 6, Section 20.91.015 of the Nicwport Beach Municipal Code is hereby amended to read ir, its entirety as follows: 20.91.015 Use Permit, Variance, or Federal Exception Permit Requisite to Other Permits. No building pen-nit or certificate Of'occupanC y shall be issued in any case where a use permit. \ atianc•e, or Federal Exception Permit is required by the lenns of this code unless and until such use pennit. \ ariance or Federal Exception permit has been granted by the Planning Director or the Planning Commission or by tite affirmative vole of the Cite Council on appeal or review and then only in accordance kith the terms and conditions of the use pemtit, Variance or Federal Exception Permit granted. SECTION 7. Section 20.9 1.020 of the Newport Beach Municipal Code is hereby amended to read in its cntircly'is follows: 20.91.020 Application for Use Permit, Variance, or Federal Exception Permit. An application for a use pennit, Variance, or Federal Exception Permit shall be filed in a manner consistent with the requirements contained in Chapter 20.90, Application Filing and Fees. SECTION S. Scction 20.91.025 of the \e�i'pot't Beach Municipal C'odc is hereby amended to read in its entirety as follows: 20.91.025 Duties of the Planning Director and the Planning Commission. A. Authority. The Planning Commission shall approve. conditionally approve.. or disapprove applications for use permits, variances and Federal Exception Permits, unless the authority for M �m 4- Vi15'� -7- an administrative decision on a use pcnnit is specifiea.l1v assigned to the PlanninL Director in the in(I ividual chapters of this cudC. Exception. The Cite Council shall hay e final decision- making authority On the applications for use permits, \ ariances and Federal Exception Pcrmtits filed concun-ently with amendments to the ,cneral plan, zoning code, or a planned community development plan or kith a dccclopmcnt agreement. B. Renderinu of Decision. After the conclusion of the hcarinu on any application for a use pcnnit, variance or Federal E:xccption Permit, the Plannine Commission shall render a decision within thirty -five (3 5) days. NN'ltcre the authority for an administrative, decision on a use pcnnit is assigned to the Planning Director, the Planning Director shall render a dccision within fourtCCn (14) days of the acceptance of a completed application. C. Report to the Planning Commission. Upon rendering a decision on a use permit, the Planning Director shall report to the Planning Connmi ;lion at the nest regular meeting or within fourteen (1 d) days of the decision, whichever is appropriate. D. Notice of Decision. upon the rendcring of a decision on a use permit by the Planning Director, a notice of the decision shall be mailed to the applicant and all owners of property within three hundred ( 00) feet of the boundaries of the site. SECTION 9. Section _'0,91.0,0 of the Ncwpot Beach Municipal Code is hcrch_y amended to read in its entirety as follows: 20,91.030 Notice and Public Hearing, A. Public Hcarin,s. The ]Tannin, Commission shall hold a public hearing on an application for a use pcnnit. Variance. or Federal Exception Permit . Public hearings are not required for applications where the authority for an admimstrative decision on use pcnnit is assigned to the Planning Director. B. Timing of Hearings. A public hearing shall be held on all use pcnnit, variance, and Federal Exception Pcrnmit applications, except as other-wise provided in this chapter, within sixty (bit) days after the acceptance of a completed application. The Plannin`, Commission shall have the ability to rc\ ie an application ihr a Federal Exception Pennit regardless of whether this code specifically provides for such a Federal Exception Permit when otherwise required by state or federal lacy. C. Required Notice. Niitiic of a Pu )lic hearing or an administrative decision shall be given as follows: 1. Mailed or Delivered Notice. a. Residential Di.uicts. At least ten days Prior to the heating or an administmtiyc decision, notice shall be trailed to the app':icant and all o%rners ofproperty within three hundred (3i1U1 feet of the boundaries of the site. as shown on the last equalized assessment roll or. alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners, as required by this section. b. Nonresidential Districts. At least ten days prior to the hea:-ing or an administrative decision. notice shall be mailed to the applicant and all owners of property within three hundred (1 100) feet, excluding intcrvenina rights -of -« av and watejways, of the boundaries of the site. as sho%cn on the last equalized assessment roll or, altematively, from such other records as contain more recent addresses. It shall he the responsibility of the applicant to obtain and provide to the City the names and addresses ofo,yNrims as required by this section. 2. Posted Notice. Notice shall be posted in not less than m o conspicuous places on or close to the property at least ten days prior to the hearing or the administrative decision. ;. Published Noticc. Notice shall be published in at leas, one newspaper of general circulation %thhin the City, at least ten days prior to the hearing. D. Contents ol'Notiec. The notice of public hearing or of the decision of the Planning Director shall contain: 1. A description of the location of the project site and the purpose oi,the application: '. A statement of the time, place, and purpose of the public hearing or of the purpose of the administrative decision; . A reference to application materials on file for detailed infornnatiom q. A statement that any interested person or authorized agent may appear and be heard at the plannirg hearing and an explanation oftheir rights of appeal in the case of an administrative decision. _. , F. Continuance. Upon the date set for lor a public hearing betwe the Planning Connnission. the Plannin g C'onnnission may continue the herring to another date without -,i% in_, further notice thereof if' the date of the continued hearing is announced in open meeting. SECTION 10. Section 20.91.0 ; of the Newport Beach Municipal Code is hereby amended by adding a new subsection C relating to Federal Exception Permits. 20.91.035 Required findings. The Planning Commission it the Plannin+ Mew as the case may be. shall approve or conGdimally approve an application lzw a use pecan. v t-Knec. or Federal Exception Permit if on the basis of the application. plaw materials. and tcstimtm , submitted. the Plannin +2 Commission or the Planning Director finds: A. For Use Permits. 1. That the proposed location ofthe use is in accord "ith the obje ACS of this code and the purposes of the district in which the site is located: 2. That the proposed location of the use permit and the proposed conditions under xvi ich it xandd be operated or maintained will be consistent with the general plan and the purpose of the district in which the site is located: will not be detrimental to the public health, safcty. peace, morals, comfort, or welfare of persons residing or working in ur adjacent to the neighborhood of suds use: and Nyill not be detrimental to the pruperties or improvements in the vicinity or to the general welfare of the city: 3. That the proposed use will comply with the provisions of this Code, including any+ Specific condition require(! lot the proposed use in the district in which it would be Io awd. B. For Variances. 1. That because of special circumstances applicable to the property, including* size. shape, topography, location or Sun'oundirnS. the suRt application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification: 2. The *ranting of the applicatior is ncceswy Ibr the preservation and e0cowcni of subst,tnthf propertp rights of the applicant: KV; 3. The gi:nllting of the application is consistent tyith the purposes of this code and will not constitute a avant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning disuicC 4. The granting of'such application NN ill not. under the circumstances of the par'.icular case, materiall', affect ads et;scly the health or safety of peru,ns residing or corking in the neighborhood of the propctiy of the applicant and vyill not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or inpro ements in the ncia *hborhood. C. For Federal Exception Permits -. The f=ederal Exception Pennit sought is handicapped- related. ?. The applicant ha,: demonstrated that the living group residing in the Dwelling functions as a Single Hous'ekecping unit. shall .,,., n «he h, .sehot t .......o than _con _ 04'44 3. The Federal Exo, ption Permit neither requires a fundamental alteration in the nature oi'a prow* -am affected by the Federal Exception Pennit nor imposes an undue financial or administrative burden on the Cit' which creates an undue hardship on the City. To the extent authorized by law. the factor:, the Planning Commission, or the City Council on review or appeal may consider the ktllowing in deciding whether to grant a Federal Exception Permit include, but are not necessarily limited to: (i) whethervehicular traffic congestion in the neighborhood would he increased to an extent that would he contrary to. or violate. any relevant provision of the Newport Beach Municipal Code if the Federal Fxception Pennit was approved: A "Federal Exception Pennit" is the name of the permit and application process ncc:cssary to obtain a "reasonable accommodation" as that temp is used in the Federal Fair Housinc, .Act Amendments (FHA.A) and the case law implementing the FHAA. The application Ivor a Federal Exception Pennit ,hall be approved unless the evidence in the administ ati\ e record establishes one of the findinns for denial. :�,',,, rose (ii) WIlethC the Flat tn'e Ofyehicular (rabic, such aS the frequency or duration of trips by conuncrcial yehicics, Would be altered to a such an extent that it would be contrary to, or yiohtte. anv relevant provision of the Ncwport Beach Municipal Code if the Fcdcral Exception Permit max approved; or (iii) Whether dC%ClopmCnt or use Uandards established in file'Ncwport Beach Municipal Code and that are applicable to other residential uses in the ncichhorhood would he violated: or (iy) whether a Campus would be established in a residential zone if the Fedcral Exception Permit were granted; SECTION 11. Section _0.91.040 of the Ve%cport Beach Municipal Code is hereby amended by adding a new subsection C relating to Federal Faccptio:t Permits. 20,91,040 Conditions of Approval, The Plamiing Commission or the Planning Director, as the case ma} he, may impose such conditions in connection NN ith the granting of a use pcnuit, Variance, Or Fcdcral Exception Permit as they deem necessary to secure the purposes of this code and may require guarantees and evidence that such conditions are being or will he complied with. Such conditions may include requirements For off- street parking facilities as determined in each case. SECTION\ 12. Section 20.91.045 of'fhc Newport Beach Municipal Code is hcrcbv amended by adding a new subsection C relating to Federal Exception Pcnnnits. 20.91.045 Effective Date, Use permits, variances, and Fcdcral Exccptiun Pcnnits shall not become effective for fourteen (14) days after being granted, and in the c\ ern all appeal is filed OF if the Planning C'ouumission or the City Council shall exercise its ri-h( to rtn-icw an%: such decision under the provisions of Chaptcr 20.95. the hermit shall uol become effective unless and until a decision granting the use pennit, variance or Fcdcral Exception Pcrnnit is made b%. the Planning Commission or the CitY Council. SECTION 13. Section '0.91.050 of tilt \c«'port Beach Municipal Code is herchv amended by adding a new subsection C. relating to Fcdcral I-xccptitn Permits. 20,91,050 Expiration, Time Extension, Violation, Discontinuance, and ReN ocation, A. Expiration. Any use permit. variance, or Fcdcral Exception Pci-mii -ranted in accordance with (lie ferns of this code shall expire within twentc -four ('-f) months from the effective date of approval or at an alternative time specified as a condition of approval unless: 1. A wading pennit has been issued and grading has been substantially completed: or 2. .A building permit has been issued and construction has continence(]: or ;. A certificate ofo cupancy has been issued; or 4. The use is established; or A time extension has been <_nanted. In cases where a coastal permit is required, the time period shall not begin until the effective date of approval of the coastal pennit. B. Time Extension. The Planning Director may grant a time extension for a use pennit, variance, or Federal Exception Permit for a period or periods not to exceed three eears..An application fix a time extension ,hall be made in writing to the Planning Director no less than thirty (3 0) days or more than ninety (90) days prior to the expiration date. C. Violation of Tcnms. Any use pennit, variance, or Federal Exception Permit granted in accordance with the terns of this code may be revoked if any of the conditions or terms of such use pennit, variance or Federal Exception Permit are violated, or if any law or ordinance is violated in connection thcrew ith, D. Discontinuance. A use pennit, yatiance. or Federal Exception Pennit shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive flays. E. Revocation. Procedures for ieyocation shall he as prescribed by Chapter 30.06. Enforcement. SECTION 14. Section 20.91.0i5 of the Newport Beach \Municipal Code is hereht• amended relating to Federal Exception Pennits. 20.91.055 Amendments and Veit' Applications. A. Amendments. A request for changes in conditions of approval of a use pennit, variance. or Federal Exception Permit or a change to plans that would affect a condition of approval shall he treated as a new application. The Plamting Director may wai\ c the requirement 261 v ino -569 114 1 Ora new application if the changes are rnVon ilia not invoke substantial alterations or additions to the plan or the conditions of appro%al. and are consistent with the intent of the ori`inal approval. B. New Applications. Ilan application tnr a use permit. vatiance, or Federal Exception Permit is disapproved. no mxc application fin - the same, or suhstannally the same, use permit. Variance or Federal Exception Permit shall he file within one y car of the date of denial of the initial apphettioi unless the denial is made without prejudice. ,:,,n a.11)-21 - w 71 u a -14- ieoldfarb'a rutan.com Mr. Bob Burnam City Attorney City of'.Newport Beach :300 \ewpon Bl� d. Newport Beach, Ca. 926663 Permit me to summarize my credentials in the field of chemical dependent; rreatmen I have been in the private practice of psychiatry and chemical dependency for 25 years. My re,idency in psychianry at the UCLA- Brentwood VA included one year of family oriented treatment of chemical dependency as well as intensive exposure to the *reammenT of individual patients in recovery. Following :he residency I served for three years as Directo: of the ou patient Combined Alcohol and Drug Recovery Program at The Brentwood VA Nfedicai Center. In 1985 1 developed and initiated the firs Dual Diagnosis Treatment . program it,. Los Angeles at the CPC Westwood Hospital in West Los Angeles. All of these treatment venues were careful'y integrated with Twelve Step activities. In The ensuing years I have a:.evely Treatei alcohol and drug dependent patients in a range of treatment settings, which includes treating physicians En coordination with the Diversion Program of the Medical Board of Cali:orn a. have been asked to opine in The manor of how many participants are necessary for The effective operation of a residential sober livmg home. To clarify terminology, I define a sober living home as a non -sere ice providing residential In ing faciliry that is not under the auspices of a state or municipal licensing agency. Panicipation in a sober living milieu is on a voluntary basis for the expressed purlmose of supporting the comrnon goal of maintaining sobne!y�abstinence -fom addicTive substances. Participants mutually reinforce the values and beha\ iors peninenT to recovery from addiction. There are no orofessional services provided in sober 1, ving homes, which rely on the motivation of the individuals and the 7'oup for self - improvement. ITI my opinion, a residential capaci'.;' of six or fewer consriu;ies a su_hcient number of participants to achieve the stated goals of a sober living home. For many recovering individuals a quieter environment wita a smaller number of participants is the optimal recovery setting. `'hm contact with larger numbers of people in recovery is desirable; this can easily be accomplished by transportation to large group mee6nes. As a corollary to this opinion it would be reasonable policy to require a special application to die city explaining why sev en or more people are necessan' for a functional program. lvlichael Gales MD EXHIBIT ra COUNCIL AGENDA NQ ., CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 19 July 13, 2004 TO: MAYOR & MEMBERS OF THE CITY COUNCIL FROM: Robert Burnham, City Attorney 644 -3131, rburnhamp_city.newport- beach.ca.us SUBJECT: Zoning Amendment/Recovery Facilities ISSUE: Should the City Council introduce, and pass to second reading and adoption, amendments to the Zoning Code (Exhibit A) that are intended to preserve the character of residential neighborhoods in a manner consistent with State and Federal statutory/decisional law related to the regulation of recovery facilities? RECOMMENDATION: Staff recommends that the City Council introduce and pass to second reading the proposed amendments to the Zoning Code. BACKGROUND: On February 24 2004, the City Council initiated amendments to the Zoning Code "pertaining to recovery facilities in residential districts." On May 20, 2004, the Planning Commission conducted a noticed public hearing relative to proposed amendments to various provisions of the Zoning Code. The Planning Commission held a second hearing on June 17, 2004. The Planning Commission (4 ayes, 2 nays and one absent) voted to approve the Exhibit A with the understanding that the definition of campus be revised to specify three or more structures located within a radius of 300 yards. For purposes of this memo, we are using the term "recovery facilities" to mean dwelling units that house persons who are "abstinent in recovery" or who suffer from a disorder or other condition that would constitute a "handicap" under Federal or State law. Based on research conducted to date, special counsel and staff believe the following is an accurate summary of the statutory and decisional law that is most relevant to the regulation of recovery facilities: 1. State law requires the City to treat State - licensed drug or alcohol treatment facilities serving six or fewer occupants as single family residential uses. State law also preempts local ordinances imposing special building, fire safety, fee or permit requirements on State - licensed drug or alcohol treatment facilities serving six or fewer occupants. According to State law, the number of occupants does not include the State licensee, members of the licensee's family, or persons employed at the facility. 2. The Fair Housing Act Amendments of 1988 (FHAA) prevents the City's from adopting or enforcing zoning ordinances that impact recovery facilities for handicapped individuals differently than non - handicapped residential uses in the same zone unless the City: (a) can prove the ordinance is necessary to further a legitimate governmental interest; and (b) reasonably accommodates handicapped individuals /uses by waiving enforcement unless we can prove that a waiver would impose an undue burden on the City and undermine the basic purpose of the ordinance. 3. The FHAA and related case law prohibits the City from, among other things, establishing a 'one person per bedroom room" requirement for recovery facilities, imposing distance requirements between recovery facilities, and or preventing "for - profit" entities from establishing or operating recovery facilities. 4. The provisions of State law relative to the treatment of State- licensed recovery facilities serving six or fewer occupants and the provisions of the FHAA that prohibit discrimination combine to prevent the City from treating unlicensed recovery facilities differently than State- licensed recovery facilities. PLANNING COMMISSION MEETING OF MAY 20, 2004 At the Planning Commission meeting on May 20t", staff and special counsel presented the proposed Zoning Code amendments that were drafted in an effort to preserve the unique character of our diverse residential neighborhood in a manner consistent with State and Federal statutory and decisional law. The amendments presented on May 20, 2004 can be summarized as follows: 1. Various definitions — including "single family dwelling" and "family" — were modified and the term "single housekeeping unit" has been added. (20.03.030) 2. Certain "Residential Use Classifications" were modified to more closely conform to law and the term "Residential Care, General" was added. (20.05.030) 3. A "Reasonable Accommodation" process was added to provide a mechanism for persons to request, and for the City to evaluate and approve when appropriate, a "Reasonable Accommodation." (Section 20.91.020) 4. The matrix of permitted land uses in Residential Districts was been modified to permit "Residential Care, Limited" (recovery facilities with six or fewer occupants per dwelling unit) in all Districts. The matrix was also modified to prohibit Residential Care, General" in R -1 and R -A zones (20.10.020) and require a "Reasonable Accommodation" for "Residential Care, General" (recovery facilities with seven or more occupants per dwelling unit) uses in all other residential zones. During the public hearing on May 20th, members of the Planning Commission and the public commented on, and asked staff and special counsel to evaluate, a number of issues. The issues included: (a) why special counsel and staff were proposing amendments that allow recovery facilities with seven or more occupants per dwelling unit in the R1.5 and R -2 zones with a reasonable accommodation; (b) the extent of the City's ability to consider parcel size as a factor in the zones in which recovery facilities are located and /or the reasonable accommodation determination; (c) the factors — including impact on the neighborhood - the City could or should consider in granting a reasonable accommodation; (d) the extent of the City's ability to adopt and apply special parking standards to recovery facilities; (e) whether the Planning Director or the Planning Commission should make the initial determination on a reasonable accommodation; (e) the City's ability, if any, to establish limits on the number of recovery facilities in a particular neighborhood or geographic area; and (f) the manner in which neighboring communities are dealing with recovery facilities. PLANNING COMMISSION MEETING OF JUNE 17, 2004 On June 17, 2004, staff and special counsel presented the Planning Commission with a revised ordinance that responded, where possible, to issues raised during the May 20th meeting. The major changes to the ordinance presented on May 20th were: (a) the addition of a definition of campus to mean three or more buildings being used together for a common purpose where one of the buildings provides a service for the users of all buildings; (b) the addition of a "Federal Exception Permit" (FEP) requirement for recovery facilities in R -1.5, R -2 and MFR zones and delineation of some of the factors that the Planning Commission could consider in deciding whether to grant or deny an FEP; and (c) designating the Planning Commission — rather than the Planning Director - as the initial decision maker on an application for an FEP. DISCUSSION The proposed ordinance (Exhibit A) conforms to the recommendation of the Planning Commission represents what staff and special counsel believe is the most appropriate vehicle to reconcile Slate and Federal restrictions on our ability to regulate recovery facilities with the desire of the City Council to preserve the unique character of different residential neighborhoods. Newport Beach is home to residential areas — such as the R -1.5 and R -2 zones near the beach and bay - that have a relatively high percentage of renters and a sizeable number of dwelling units that are offered as vacation rentals during the summer and to college students during the winter. These R -1.5 and R -2 zones are characterized by relatively small lots and, based on anecdotal evidence, relatively high densities. For these reasons, the proposed ordinance prohibits recovery facilities in R -1 zones (or the equivalent) and requires recovery facilities serving 7 or more occupants in the R 1 -5 and R -2 zones to obtain a Federal Exception Permit. Members of the Planning Commission and those who testified at the two public hearings suggested various amendments that would establish special development standards for recovery facilities. Staff and special counsel are aware of no hard evidence to support a finding that recovery facilities — other than situations involving a "campus" - have a greater impact on parking than other residential uses. However, we have evidence that suggests the concentration of recovery facilities in an area can increase the volume of traffic and the number of large commercial vehicles entering and leaving the area — so we have incorporated those considerations into the Federal Exception Permit process. We have previously offered the opinion, based on legal research, that the City does not have the authority to regulate the number of recovery facilities in a given area or require that recovery facilities be separated by a specific distance. Finally, special counsel has prepared a matrix of the recovery facility regulations adopted by neighboring jurisdictions (Exhibit B). The proposed ordinance — which would amend provisions of the Zoning Code — does not address issues related to licenses that recovery facilities might be required to obtain under other provisions of the Municipal Code or the application of other provisions that regulate the conduct of people or require permits of certain land uses. This office and special counsel will be reviewing those issues separately and will provide the City Council with an analysis sometime in the near future. The proposed amendments are exempt from CEQA pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines. Submitted by: G ` Robert Burnham, City Attorney DRAFT ORDINANCE NO. AN ORDINANCE OF TILE CIT17 COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING SECTIONS 20.03.030, 20.05.030, 20.05.040, 20.10.010 20.10.020 and Chapter 20.91 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ALL CATEGORIES OF GROUP LIVING WHEREAS, the City has adopted regulations on different types of group living arrangements at various times tluoughout the City's histOry; and WHEREAS, the existing regulations on group (icing arc confusing and in need of refinement; and WHEREAS, in light of the Fair I lousing Act Amendments. 42 U.S.C. § 3601, et sekl. (the "Act "), the City desires to codify its process for providing 1-cdcr;il Fxccption 1'crmits when appropriate under the Act; NOW, THEREFORE. the City Council of the City ol'Newport Beach hereby ordains as follows: SECTION 1. The following definitions Contained in Section 20.03.030 of the Newport Beach Municipal Code are hereby amended to read as follows: "Campus" means three OF mUl "C buildings in a resulcutial zone within a 300 yard radius of one another that are Used together for a common purpose where one or more of the buildings provides a service for the occupants of all the buildings such as 1\ hcu one building sews as a kitchenifuod service area tier file occupants of the other buildings. "Dwelling, multifamily" means a building containing three or more dwelling units, each of-which is for oCCUpancy by one family. "Dwelling, single - family" means a building contaiain;- one dwelling unit for occupancy by one family. "Dwelling, two family" means a building containing hvo dwelling units, each of which is for occupancy by a one family. "family" means one or more persons living as a Single Housekeeping Unit. The term "Family' shall include residential Care, limited facilities lbl. six or Icwer mentally di ablcd, mentally Ils 1 ,,,,c, 7 %i -0050 51 Z7!•Q01 r0i01,; 04 EXHIBIT disordered or otherwise handicapped persons, but no other Iiving group not living together as a single housekeeping unit. "Single Housekeeping Unit" means the functional equivalent of a traditional family, whose members are a non - transient, interactive group of persons jointly occupying a single dwelling unit, including thejoint use of common areas and sharing household activities and responsibilities such as meals, chores, and expenses. SECTION 2. The following definitions contained in Section 20.05.030 of (lie Newport Beach Municipal Code are hereby amended to read in their entirety as follolvs: "Day -Care, Limited" means non - residential, nun - medical care and supervision of twelve (12) or FeNver persons on a less than twenty -finer hour basis. This classification includes, but is not limited to nursery schools. preschools, and day -care centers for children (large and small family day -care honncs) and adults. "Group residential" means shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, dormitories, fraternities, sororities, and private residential clubs. but excludes Residential Care - Limited, Residential Care - General, and residential hotels (see Single -Room Occupancy (SRO) Residential Hotels, Section 20.05.050(er)(4)). "Residential Carc- Linuted" means shared living quarters wiOmut separate kitcben or bathroom facilities for each roonn or unit for six or fewer persons with physical or mental impairments wh ;ch substantially limit one or more of such person's major life activities. This classification also includes, but is not limited to group homes, sober living environments, recovery facilities, and establishments providing non - medical care 1br persons in need of personal services, supervision, protection, or assistance essential fol. sustaining the activities of daily living. "Residential Care, Gencral" means shared living quartet's .without separate kitchen or bathroom facilities for each room or unit for seven or more persons with physical or mental impairments which substantially limit one or more of such person's major life activities. This classification includes but is not limited to croup homes, sober Iivino environments, recovery facilities and establishments providing non - medical care for persons in need of'personal services, supervision, protection on assistance essential for sustaining tiro aa.,tivities of daily living. 7UI "'6751 W49 S 12709 U 1 ? /l1G (14 -� aV - "Single- Family Residential" means buildings containing one dwelling unit located on a single lot for occupancy by one family, This classification includes mobile home and factory built housing, "Two - Family Residential" means buildings containing two dwelling units located on a single lot, each unit limited to occupancy by a single family. This classification includes mobile home and factory built housing. SECTION 3. The definition of "Residential Care, General" contained in Section 20.05.040 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: "Residential Care, General" means shared living quarters without separate kitchen or bathroom facilities for each room or unit for seven or more persons with physical or mental impairments which substantially limit one or more of such person's major life activities. This classification includes but is not limited to group homes, sober living environments, recovery facilities and establishments providing non - medical care for persons in need of personal services, supervision, protection or assistance essential for sustaining the activities of daily living. SECTION 4. Subsection H of Section 20, 10,010 of the Newport Beach ;N4unicipal Code is hereby amended to read in its entirety as follows: H. Provide public services and facilities to accommodate planned population and densities. The specific residential districts and their purposes are as fbilows: Residential- Agricultural (R -A) District. Provides areas for single - family residential and light fanning uses, Single- Family Residential (R -1) District. This is the City's most restrictive residential zoning district, established to provide for a stable, social neighborhood for single - gamily residential land uses by limiting occupancy to one family. Restricted Two Family Residential (R -1.5) District. Provides areas for single- family and two family residential land uses uvith the total gross floor area of all buildings limited to a m,.Wi nlm floor area ratio of 1.5 times the buildable area. Two Family Residential (R -2) District. Provides areas fOr single- f<andy and two family residential land uses. 26 PO66,5 1 O059 5I2 ?Fn (It an i VF, (el -3- Multifamily Residential (MFR) District. Provides areas for single- family, two - family, and multiple family residential land uses. SECTION 5. Section 20.10.020 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.10.020 Residential Districts: Laud Use Regulations. The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in residential districts, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications penmitted in residential districts. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use Permit, as provided in Chapter 20.91. The letters "PD /U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P /UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit When located on the site c a conditional use. The letters RA designates use classifications for which a Federal Exception Permit must first be obtained pursuant to Chapter 20.91. Letters in parentheses in the "Additional Regulations" column refer to "Additional Ilse Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading. referenced regulations shall apply to all use classifications under the heading. Residential Districts: Land Use Regulations P = Permitted UP = Use permit PD/U = Use permil issued by the Planning Director L = Limited (see Additional Use Regulations) PEP = Federal Exception Permit = Not Permitted R -2 \lhR Additional Regulations RESIDENTIAL F—.,I (A). (B),.(C) Day -Care, Limited Fp--- P P `Fp---'F Group Residential �� —�- Residential Care. Limited .1' I' p P Residential Care, General F---- LP IFEP FLP ISingle- family Residential FP—` —' p—_-Ip —FP- ((D), (E) (M) Multifamly Residential —1 --- p (D) Two - Family Residential 161 i t,]5140 r0 �1 512,.}9 ill aW 06 04 -Y- 'BLIC AND SED1I- PUBLIC �V� �_� Cemeteries F. L-1 . L. 1 L. 1 L -1 Clubs and Lodges L -2 L -2 L -2 L-2 Convalescent Facilities UP UP UP. UP Day -Care, General UP UP UP UP Government Offices - UP UP UP UP hospitals �- UP UP UP UP Park and Recreation Facilities UP UP UP UP UP Public Safety Facilities LTP f�� UP UP I'P I( P UP �_ IUP - -- Religious Assembly UP UP UP Schools, Public and Private UP UP —IUP Utilities. Major JUP UP UP Lr UP Illlililies, Minor [P—� o ;eci usLS �- - - -- (A), (II), (c) Il lorticulutre, Limited IP— I - -I - -- rm;eries Iticle /1 ?quipntcnl Sales and n'ices - Convnercial Parking facility F IL -3 I_-3 I1. -3 IL 3 -- — r%i.sitorAecommudations =Icd and I3makfa; hills - IUP — ICIP -SRO Residential hotels Up AND EXTRACTIVE USES -- (II), (c) Animal husbandry PD/ I F__ (G, _ [Crop Production Ip -- _ �ining and Processing L -4 L -4 L -4 L -4 - -. L-4 (H) IACC'I:SSORI" USI S (�J�I (A), (II). (C) (Accessory Stmutures and Uses P /UP IP lJP UY IP /UP - -PUP —I(I) -- ___..R_ n L:SLS -- -- rues and Carnivals (A),(II).(C) ',.1 nnh ?S L!a i5v Commercia_ l Filmic l. Limited FE-- - P P P P . ( K t Pcrxm:d Prope rty Sales 11 heliports, Temporary Real Estate Offices, Tc or m � �1 -5 IP _ 1' ��.._. (L) I (J) I- 1. -5 L L -5 Residential Districts: Additional Land Use Regulations L -l: Twenty (20) acres mininmtn. L-2: Limited to yacht clubs, use permit required. L -3: Public or no fee private lots for automobiles may be permitted in -my residential district adjacent to any commercial or industrial district subject to the securing of a us(, permit in each case. L -4: See Chapter 20.8 1. Oil Wells. L -5: Subject to the approval of the Planning Director. (A): See Section 20.60.025, Relocatable Buildings. (B): See Section 20.60.015, Temporary Structures and Uses. (C) : See Section 20.60.050, Outdoor Lighting. (D): With the exception of uses in the R -I Zone, any dwelling unit otherwise permitted by this Code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of-. 1. A business license pursuant to Chapter 5.04 of the Municipal Code-. 2. A transient occupancy registration certificate pursuant to Section 3. 16.060 of the Municipal Code. 3. A short term lodging permit pursuant to Chapter 5.95 of the Municipal Code. (E): See Chapter 20.85, Accessory Dwelling Units. (F): See Section 20.60.110, Bed and Breakfast hms. (G): Keeping of Animals in the R -A District. The following regulations shall apply to the keeping of animals in the R -A District: 1. Large Animals. The keeping of large aniun.rls (as defined in Section 20.03.030) shall be subject to the following regulations: a. Horses. One horse may be kept for each ten thousand ( 10,000) square feet of lot area, up to a maximum of three horses; provided, the horse or horses are kept for recreational purposes only. The keeping of four or more horses for recreational uses shall require a use permit issued by the Planning Director. The keeping of horses for commercial purposes shall require a use permit issued by the Planning Commission. b. Other Large Animals. Other large animals, including goats, sheep, pigs and cows, may be kept on lots of fifteen thousand (15,000) square feet or more and the number shall not exceed two adult animals of any one species. c. Total Number Permitted. The total number of large animals shall not exceed six. Offspring are exempt until such time as they are weaned. 2. Domestic and Exotic Animals. The number of domestic and exotic animals (as defined in Section 20.03.030) shall not exceed six. Offspring are exempt tip to the age of three months. The keeping of four or more dogs over the age of three mouths shall require a kennel license pursuant to Section 7.04.090 of the Municipal Code. The keeping of wild animals shall require a permit pursuant to Chapter 7.08 of the Municipal Code. 3. Small Animals. The number of small animals, other than domestic and exotic animals (as deuced in Section 2(1.03.030), shall not exceed six. Offspring are exempt up to the age of three mouths. 4. Control. 261 111aqsl -00<9 a. Domestic Animals. No such animals, except for cats, shall be permitted to an at large, but shall be confined, at all limes within a suitable enclosure or otherwise under the control of the owner of the property. b. Other Animals. No animal, other than domestic animals, shall bo permitted to run at large, but shall be confined, at all limes within a suitable enclosure. (H): See Chapter 20.81, Oil Wells. (I): See Section 20.60.100, Home Occupations in Residential Districts. (J). See Section 20.60.055, Heliports and Helistops. (K): Special event pennil required, see Chapter 5.10 of the Niunicipal Code. (L): Sec Section 20.60.120, Personal Properly Sales in Residential Districts. (Nl): Sec Section 20.60.125. Design Standards for While Homes on Individual Lots. SECTION 6. Section 20.9t.015 of the Newport Beach Municipal Code is hereby amended to read ill its entirety as follows: 20.91.015 Use Permit, Variance, or Federal Exception Permit Requisite to Other Permits. No building permit or certificate ofoccupancy shall be issued ill any case where a use pennil, variance. or Federal Exception Permit is required by the terms of this code unless and until such use permit, variance or Federal Exception Pcianit has been granted by the Planning Dircclor or the Planning Commission or by the affirmative cote of the City Ccrurncil on appeal or review and then Only ill accordance with the lernis and conditions of tlic use pennit, variance of Federal Exception Permit granted. SECTION 7. Section 20.91.020 of the iNi:wport Beach blutucipal Code is hereby amendecl to read in its entirety as follows: 20.91,020 Application for Use Permit, Variance, or Federal Exception Permit. An application for a use permit, variance, or Federal Exception Perini( shall be. filed in a manner consistent with the requirements contained in Chapter 20.90, Application Filing and Fecs. SECTION 8. Section 20.9 1.025 of the Newport Beach Municipal Code is hereby amended to read in its entirely as follows: 20.91.025 Duties of the Planning Director and the Planning Commission. A. Authority. The Planning Connnissiou shall approve, conditionally approve, or disapprove applications for use permits, variances and Federal Exception Permits, unless the authority I61- r�i wio�5bnrlsv 11(.411 I IrI711:1114 -7 an administrative decision on a use permit is specifically assigned to the Planning Director in the individual chapters of this code. r Exception. The City Council shall have final decision - making authority on the applications for use permits, variances and Federal Exception Pennits filed concurrently with amendments to the general plan, zoning code, or a planned community development plan or with a development agreement. B. Rendering of Decision. After the conclusion of the hearing on any application for a use permit, variance or Federal Excerption Pennit, the Planning Conunission shall render a decision within thirty -five (35) clays. '.inhere the authority for an administrative decision on a use permit is assigned to the Planning Director, the Planning Director shall render a decision within fourteen (14) days of the acceptance of a completed application. C. Report to the Planning Commission. Upon rendering a decision on a use pennit, the Planning Director shall report to the Planning Commission at the next regular meeting or within fourteen (14) days of the decision, whichever is appropriate. D. Notice of Decision. Upon the rendering of a decision on a use permit by the Planning Director, a notice of the decision shall be mailed to the applicant and all owners of property within three hundred (300) fcct of the boundaries oC the site. SECTION 9. Section 20.91.030 of the Newport Bench Municipal Code is hereby amended to read in its entirety as follo\+'s: 20.91.030 Notice and Public hearing. A. Public Bearings. The Planning Commission shall hold a Public hearing on an application for a use pennit, variance, or Federal Exception Permit . Public hearings are not required for applications where the authority for an administrative decision on a use pennit is assigned to the Planning Director. B. Timing of Hearings. A public hearing shall be held on all use pennit, variance, and Federal Exception Permit applications, except as otherwise provided in this chapter, within sixty (60) days after the acceptance of a completed application. The Planning Commission Director shall have the ability to review an application for a reasonable aeeeH:F.,nedatieeFcdcral Exception Pennit regardless of whcther this code specifically provides for such a r.ableaxoaFederal Execution Permit when otherwise required by state or federal law. .61 !Ln'S L00�9 51; , -" M 117 W, -Q- C. Required Notice. Notice of a public hearing or an administrative decision shall be given as follows: 1. Mailed or Delivered Notice. a. Residential Districts. At least ten days prior to the hearing or an administrative dccision, notice shall be mailed to the applicant and all owners of property within three hundred (300) feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain morc recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City dtc names and addresses of owners as required by this section. b. Nonresidential Districts. At Icast ten days prior to the hearing or an administrative decision, notice shall be mailed to the applicant and all owners of properly within three htmdred (300) feet, excluding intervening rights -of -way and waterways, of the boundaries of the site; as sho%yn on the last equalized assessment roll or, ulternativcly, from such other records as contain morc recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. 2. Posted Notice Notice shall be posted in not less than two conspicuous places on or close to the property at least ten days prior to the hearing or the administrative decision. 3. Published Notice. Notice shall be published in at lei st one newspaper of general circulation within the City, at least ten dins prior to the hearing. D. Contents of Notice. The notice of public hearing nr of the dccision of the Planning Director shall contain: 1. A description of the location of the projcc't site and the purpose of the application; 2. A statement of the time, place, and purpose of the public hearing or of the purpose of the administrative dccision; 3. A reference to application materials on file for detailed information; 4. A slalcnunl that any interested person or authorized agcat may appear and be heard al the planning hearing and an explanation of their rights of appeal in the cirse of an administrative dccision. '(I 066'51 -0059 '127,901 an; ne 04 -9- E. Continuance. Upon the date set for a public hearing before the Planning Commission, the Planning. Commission may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. SECTION 10. Section 20.91.035 of the Newport Beach Municipal Code is hereby amended by adding; a new subsection C relating to Federal Exception Permits. 20.91.035 Required Findings. The Planning Commission or the Planning Director, as the case may be, shall approve or conditionally approve an application for a use permit, variance, or Federal Exception Permit if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission or the Planning Director finds: A. For Use Pennits. 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located; 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the general plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city; 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the Proposed use in the district in which it would be located. B. For Variances. 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; 2. The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant; 51: 16001 a97 M, 04 3. The granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the Vicinity and in the same zoning district; 4. The granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. C. For Federal Fxception Permits 2. The Fcderal Exception Permit sought is handicapped- related. 2. The applicant has dcnuonstrated that the living vioup residing in the Dwelling functions as a Single Housekeeping Unit as evidenced by factors including. but not limited to a lack of transiencey among its member :s. For the purposes of I --cdcral Exception Permits in other than the R -1 Zone, a lack of transienccy shall mean the household does not change more than 50% of its members in any given calendar year. 3. The Federal Exception Permit neilher requires a fundamental alteration in the nature of n program affected by the Fcderal Exception Pcnnit nor imposes an undue financial or administrative burden on the City which crcatcs an undue hardship on the City. To the extent authorized by law, the factors the Planning Commission, or the City Council on review or appeal may consider the following in deciding whether to grant a Fedcral Exception Pcnnit include, but are not necessarily limited to: (i) whether vehicular traffic congestion in the neighborhood would be increased to an extent that Neould he contrary to, or violate, any relevant provision of the Newport Beach Nlunicipal Code if the Federal Exception Pcnnit was approved: A "Fcderal Exception Permit" is the name of the permit and application process ncccssary to obtain a `reasonable accommodation" as that tern is used in the Federal Fair 1- Ivusing Act Amendments ( FHAA) and the case law implementing the FHAA. The application fora Fcderal Exception Permit shall tic approved unless the evidence in the administrative record establishes one of the findings for denial 2ri 1 OV,75 Lpp59 S121611 "I 'U? 9h 01 (ii) whether :hc nature of vehicular traffic, such as the frequency or duration of trips by commercial vehicles, would be altered to a such an extent that it would be contrary to, or violate, any relevant provision of the Newport Beach Municipal Code if the Federal Exception Pennit was approved; or (iii) whether development or use standards established in the Newport Beach Municipal Code and that are applicable to other residential uses in the neighborhood would be violated; or (iv) whether a Campus would be established in a residential zone if the Federal Exception Pennit were granted-, SECTION 11. Section 20.91_040 of the Newport Beach Municipal Code is hereby amended by adding a new subsection C relating to Federal Exception Pcrmits. 20.91.040 Conditions of Approval. The Planning Commission or the Planning Director, as the case may be, may impose such conditions in connection with the granting ofa use permit, variance, or Federal Exception Permit as they deem necessary to secure the purposes of this code and may require guarantees and evidence that such conditions are being or will be complied with. Such conditions may include requirements for off - street parking facilities as determined in each case. SECTION 12, Section 20.91.045 of the Newport Beach Municipal Code is hereby amended by adding a new subsection C relating to Federal Exception Permits. 20.91.045 Effective Date. Use permits, variances, and Federal Exception Permits sllaII not become effective for fourteen (14) clays alter being granted, and in the event an appeal is filed or if the Planning Commission or the City Council shall exercise its right to review any such decision tinder the provisions of Chaptcr 20.95, (lie permit shall not become effective unless an(] until a decision granting the use permit, variance or Federal Exception Permit is made by (lie Planning Commission or the City Council. SECTION 13. Section 20.91.050 of the. Newpor( Beach Municipal Code is hereby amended by adding a new subsection C. relating to Federal Exception Permits. 20.91.050 Expiration,'Iinic Extension, Violation, Discontinuance, and Revocation. A. Expiration. Any use permit. variance, or Federal Exception Pennit granted in accordance with dhc (cons of this code shall expire 2 a irr:6 ; 5 1 -0054 2 5123 pqp 4 117 116 within twenty -four (24) months from the effective date of approval or at arr alternative time specified as a condition of approval unless: 1. A grading pcnnit has been issued and grading has been substantially completed; or 2. A building permit has been issued and construction has commenced; or 3. A certificate of occupancy has been issued; or 4. The use is established; or 5. A time extension has been granted. In cases where a coastal pcnnit is required, the time period shall not begin until the effective date of approval of the coastal permit. B. Time Extension. The Planning Director may grant a time extension for a use permit, variance, or Federal Exception Permit for a period or periods not to exceed three years. An application for a tune extension shall be made in writing to the Planning Director no less than thirty (30) clays or more than ninety (90) days prior to the expiration date. C. Violation of Terms. Any use permit, variance, or Federal Exception Permit granted in accordance with the terms of this code may be revoked if any of the condition: or terms of such rise permit, variance or Federal Exception Permit arc violated, or ifany law or ordinance is violated in connection thcrewith. D. Discontinuance. A use pcnnit, variance, or Federal Exception Permit shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive clays. E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96, Enforcement. SECTION 14. Section 20.91_055 of the Newport I3each Municipal Code is hereby amended relating to Federal Exception Permits. 20.91.055 Amendments and New Applications. A. Amendments. A request for changes in conditions of approval of a use pcnnit. variance, or Federal Exception Penuit or a change to plans that would affect a condition of approval shall be treated as a new application. The Planning Director may %vaive the requirement 'ra r:ne's r0u5a 512y0 p 07 On 'nn - 1 3 for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval. B. New Applications. If an application for a use permit, variance, or Federal Exception Pennit is disapproved, no new application for the same, or substantially the same, use pennit, variance or Pederal Exception Permit shall be filed within one year of the date of denial of the initial application unless the denial is made without prejudice. I'll 1-- bl<I -ou5" 5l7,,," 01 MEMORANDUM TO: Bob Burnham, City Attorney, City of Newport Beach FROM: Jeffrey A. Goldfarb DATE: July 6, 2004 FILE NO.: 066751 -0059 RE: Nearby Cities' Mechanism for Regulating Sober Living Environments You have asked that we review the mechanism that adjoining cities use for the regulation of sober living facilities. W'e have reviewed the Municipal codes for the Cities of Costa Mesa, Irvine and Laguna Beach. Below is a discussion of each city's regulatory approach. 1. City of Irvine The City of Irvine defines a sober living facility "as any house, institution, hotel or similar place that provides room and board, or rooms only, and operates as a drug and alcohol free residential facility." (Irvine Zoning Ord. § 1 -2 -1.) Iii iuc permits sober living facilities in all residential zones with the exception ofthe "estate density residential zone" (one house per acre) without regard to the number of persons the facility serves and ti i(hout regard to whether the residents arc living together as a single housekeeping unit. (Irvine Municipal Code § 3 -3 -1.) h-viuc also includes regulates a category of uses entitled "Residential Care facilities," (Irvine Zoning Ord. § 1 -2 -1.) which are defined as "any family home, group care facility or similar facility, providing 24 -hour non- me(ieal services. supervisions or assistmne essential for sustaining the activities of daily living. Kesidential Care facilities includes shelters, board and care facilities, half way houses, wards ofthe juvenal court and the like and excludes Sober living facilities." (Id.) The Irvine Zoning Ordinance allows Residential Care facilities in all residential zones with a Conditional Use Pennit. (Irvine Municipal Code § 3 -3 -1.) Because Residential Care facilities expressly exclude all "Sober Living Facilities," the Irvine Zoning Ordinance would allow all drug and alcohol free group living facilities, in every residential zoned as a matter ofright without regard to number of residents. 11. City of Costa Mesa Costa Mesa includes sober living facilities within the definition of residential care facilities (which are state licensed facilities), and residential service tacilitics (which are not state licensed tacilities). Residential Care and Service facilities serving 6 or fewer are permitted in all of the city's residential zones. (Costa Mesa Municipal Code § 13 -30.) Residential Care and Service facilities serving 7 or more are prhibited in the City's R -1 zone, and conditionally permitted in all other residential zones of the City. (Costa Mesa Municipal Code § 13 -3O.) The City Code also contains a special category of Residential Care and Service facilities referred to '(,1: 06675 1 -oi)S9 sor, is.iii 06T, 04 EXHIBIT Bob Burnham, City Attorney, City of Newport Beach July 6, 2004 Page 2 as a "Referral Facility." A Referral Facility is a Residential Care or Residential Service facility where one or more of the person's residency in the facility is pursuant to a court order or directive from an agency in the criminal justice system. The category does not, however, include state license facilities containing 6 or fewer persons. Referral Facilities are prohibited in the City's R -1 zone and permitted by conditional use pemrit in all of the City's other residential zones. (Costa Mesa Municipal Code § 13 -30.) III. Citv of Lalzuna Beach The City of Laguna Beach does not expressly regulate sober living homes, residential treatment facilities or other group homes. The city does, however, limit residency to "families," defined as "an individual or two or more persons related by flood, marriage or adoption, living together or a group of not more than six persons (excluding servants) not all of whom are related by blood, marriage or adoption but all of them are living together as a single housekeeping unit within a dwelling so that all persons within the unit maintain Lice access to all living spaces within the dwelling. (Laguna Beach Municipal Code § 25.03.012.) Under state law, all residential care facilities and alcohol rehabilitation facilities serving 6 or fewer persons would therefore be permitted in all the City's residential zones. It is unclear how the City regulates residential care facilities, group homes or alcohol recovery facilities serving 7 or more. 261 W,0751 -00SQ 507735 01 a06216104 h LAW OFFICES OF E.4C912E (949)752 -2 -214? DANIEL C. CARLTON 1.600 ,MICHELSON DRIVE, SUITE 1120 IRVINE, CALIFORNIA 92612 July 12, 2004 HAND DELIVERED City Council City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 1v TELEPHONE (949) 757 -0707 Legal Asslstant .Heather Dcrala Re: July 13, 2004 Hearing Agenda Item 19 Proposed Zoning Amendment/Recovery Facilities City of Newport Beach Planning Commission Staff Report, dated July 13, 2004, in re Agenda Item No. 19 Dear Mayor Ridgeway and City Council Members: This will confirm that this office represents Narconon Southern California. Our client received on July 9, 2004 a copy of the latest Planning Commission Staff Report summary with recommendation regarding the proposed zoning amendments for recovery facilities for the Hearing scheduled for July 13, 2004 as Agenda Item No. 19 with Exhibits A (the proposed ordinance amendment) and Exhibit B (lviemcranoum dated July 6, 2004), A copy is attached for your review. Aitnough we have not had the opportunity to study the proposed amendments, a cursory review raises the following issues of concern. 1. We note that the newly coined term "federal exception permit" does not exist under state and federal laws. It appears that the use of this term is an attemot to circumvent applicable laws. 2. The amendment attempts to create a new category of definitions, delineating the difference between Residential Care, General and Multi- Family Residential. The amendment attempts to place additional burdens on ar. applicant for Residential Care, General under MFR. Once again, to the extent that these proposed changes discriminate against recovery facilities. they are oDOressive and burdensome and in violation of state and federal laws. 3. In order tc ootain a reasonaole accommodation, aooarent!y an Appiicant must prove that there is a !ack of transiency among its memoers. Tn:s a defined in - zD City Council City of Newport July 12, 2004 Page 2 section 10 of the Newport Beach Municipal Code 20.91.035c.2 as "a lack of transiency has meant that the household does not change more than 50% of its members in any calendar year." We question how this can be justified in light of state and federal laws regarding discriminatory practices against recovery facilities. Is the City going to apply this definition also to residential rental properties? 4. The Amendment requires a finding that traffic congestion or the nature of vehicular traffic would not be altered to violate any municipal code. We understand that a hotel is being proposed on the peninsula. It seems obvious that a recovery facility would generate far less traffic and congestion (and transients) than would a hotel. Will the same standards apply? 5. State and federal laws are quite clear that the City must provide reasonable accommodations to recovery facilities in order to avoid discrimination. As long as the final ordinance is in line with state and federal laws, our client will support it. Thank ycu for your consideration in addressing these issues, Respectfully, DANIEL. C. CARLTON DCCad cc: Jon Stearman, DLA Narconcon Southern California (via facsimile) Robert Burnham, Newport Beach City Attorney (via facsimile) Jeffrey A, Goldfarb, Special Counsel to City of Newport Beach (v,a facsimile) TO: FROM: SUBJECT Is E: CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT MAYOR & MEMBERS OF THE CITY COUNCIL Robert Burnham, City Attorney 644 -3131, rburnhamLlDci .newport- beach.ca.us Zoning Amendment/Recovery Facilities Agenda Item No, 19 July 13, 2004 Should the City Council introduce, and pass to second reading and adoption, amendments to the Zoning Code (Exhibit A) that are intended to preserve the character of residential neighborhoods in a manner consistent with State and Federal statutory/decisional law related to the regulation of recovery facilities? RECOMMENDATION: Staff recommends that the City Council introduce and pass to second reading the proposed amendments to the Zoning Code. BACKGROUND: On February 24. 2004, the City Council Initiated amendments to the Zoning Code "pertaining to recovery facilities in residential districts." On May 20, 2004, the Planning Commission conducted a noticed public hearing relative to proposed amendments to various provisions of the Zoning Code. The Planning Commission held a second hearing on June 17, 2004. The Planning Commission (4 ayes, 2 nays and one absent) voted to approve the Exhibit A with the understanding that the definition of campus be revised to specify three or more structures located within a radius of 300 yards_ For purposes of this memo, we are using the term "recovery facilities" to mean dwelling units that house persons who are "abstinent in recovery' or who suffer from a disorder or other condition that would constitute a "handicap" under Federal or State law. Based on research conducted to date, special Counsel and staff believe the following is an accurate summary of the statutory and decisional law that is most relevant to the regulation of recovery facllities: 1. State law requires the City to treat State - licensed drug or alcohol treatment facilities serving six or fewer occupants as single family residential uses. State law also preempts local ordinances Imposing special building, fire safety fee or permit requirements on State - licensed drug or alcohol treatment facilities serving six or fewer occupants. According to State law, the number of occupants does not Include the State licensee, members of the licensee's family, or persons employed at the facility. 2. The Fair Housing Act Amendments of 1988 (FHAA) prevents the City's from adopting or enforcing zoning ordinances that impact recovery facilities for handicapped Individuals differently than non- handicapped residential uses in the same zone unless the City: (a) can prove the ordinance is necessary to further a legitimate governmental interest, and (b) reasonably accommodates handicapped individuals /uses by waiving enforcement unless we can prove that a waiver would impose an undue burden on the City and undermine the basic purpose of the ordinance. 3. The FHAA and related case law prohibits the City from, among other things, establishing a "one person per bedroom room" requirement for recovery facilities, imposing distance requirements between recovery facilities, and or preventing `for - profit- entities from establishing or operating recovery facilities. 4. The provisions of State law relative to the treatment of State - licensed recovery facilities serving six or fewer occupants and the provisions of the FHAA that prohibit discrimination combine to prevent the City from treating unlicensed recovery facilities differently than State - licensed recovery facilities. PLANNING COMMISSION MEETING OF MAY 20, 2004 At the Planning Commission meeting on May 20tr', staff and special counsel presented the proposed Zoning Code amendments that were drafted in an effort to preserve the unique character of our diverse residential neighborhood in a manner consistent with State and Federal statutory and decisional law. The amendments presented on May 20, 2004 can be summarized as follows: 1. Various definitions — including "single family dwelling" and "family" — were modified and the term "single housekeeping unit" has been added. (20.03.030) 2. Certain "Residential Use Classifications" were modified to more closely conform to law and the term "Residential Care, General" was added. (20.05.030) 3. A "Reasonable Accommodation" process was added to provide a mechanism for persons to request, and for the City to evaluate and approve when appropriate, a "Reasonable Accommodation." (Section 20.91.020) 4. The matrix of permitted land uses in Residential Districts was been modified to permit "Residential Care, Limited" (recovery facilities with six or fewer occupants per dwelling unit) in all Distrlcts. The matrix was also modified to prohibit Residential Care, General" in R -I and R -A zones (20.10.020) and require a "Reasonable Accommodation" for "Residential Care, General" (recovery facilities with seven or more occupants per dwelling unit) uses in ail other residential zones. During the public hearing on May 201 ", members of the Planning Commission and the public commented on, and asked staff and special counsel to evaluate, a number of issues. The issues included: (a) why special counsel and staff were proposing amendments that allow recovery facilities with seven or more occupants per dwelling unit in the R1.5 and R -2 zones with a reasonable accommodation; (b) the extent of the City's ability to consider parcel size as a factor In the zones In which recovery facilities are 4ocated and /or the reasonable accommodation determination; (c) the factors — Including impact on the neighborhood - the City could or should consider in granting a reasonable accommodation; (d) the extent of the City's ability to adopt and apply special parking standards to recovery facilities; (e) whether the Planning Director or the Planning Commission should make the initial determination on a reasonable accommodation; (e) the City's ability, if any, to establish limits on the number of recovery facilities in a particular neighborhood or geographic area: and (f) the manner in which neighboring communities are dealing with recovery facilities. PLANNING COMMISSION MEETING OF JUNE 17, 2004 On June 17, 2004, staff and special counsel presented the Planning Commission with a revised ordinance that responded, where possible, to issues raised during the May 20s' meeting. The major changes to the ordinance presented on May 20tt' were: (a) the addition of a definition of campus to mean three or more buildings being used together for a common purpose where one of the buildings provides a service for the users of all buildings, (b) the addition of a 'Federal Exception Permit' (FEP) requirement for recovery facilities in R -1.5, R -2 and MFR zones and delineation of some of the factors that the Planning Commission could consider in deciding whether to grant or deny an FEP; and (c) designating the Planning Commission — rather than the Planning Director - as the initial decision maker on an application for an FEP. DISCUSSION The proposed ordinance (Exhibit A) conforms to the recommendation of the Planning Commission represents what staff and special counsel believe is the most appropriate vehicle to reconcile State and Federal restrictions on our ability to regulate recovery facilities with the desire of the City Council to preserve the unique character of different residential neighborhoods. Newport Beach Is home to residential areas — such as the R -1.5 and R -2 zones near the beach and bay - that have a relatively high percentage of renters and a sizeable number of dwelling units that are offered as vacation rentals during the summer and to college students during the winter. These R -1.5 and R -2 zones are characterized by relatively small lots and, based on anecdotal evidence, relatively high densities. For these reasons, the proposed ordinance prohibits recovery facilities in R -1 zones (or the equivalent) and requires recovery facilities serving 7 or more occupants in the R 1 -5 and R -2 zones to obtain a Federal Exception Permit. Members of the Planning Commission and those who testified at the two public hearings suggested various amendments that would establish special development standards for recovery facilities. Staff and special counsel are aware of no hard evidence to support a finding that recovery facilities — other than situations involving a "campus" - have a greater impact on perking than other residential uses_ However, we have evidence that suggests the concentration of recovery facilities in an area can increase the volume of traffic and the number of large commercial vehicles entering and leaving the area — so we have incorporated those considerations Into the Federal Exception Permit process. We have previously offered the opinion, based on legal research, that the City does not have the authority to regulate the number of recovery facilities in a given area or require that recovery facilities be separated by a specific distance. Finally, special counsel has prepared a matrix of the recovery facility regulations adopted by neighboring Jurisdictions (Exhibit 8). The proposed ordinance — which would amend provisions of the Zoning Code — does not address issues related to licenses that recovery facilities might be required to obtain under other provisions of the Municipal Code or the application of other provisions that regulate the conduct of people or require permits of certain land uses. This office and special counsel will be reviewing those issues separately and will provide the City Council with an analysis sometime in the near future. The proposed amendments are exempt from CE:QA pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines. Su fitted by: /Robert Burnham, City Attorney DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING SECTIONS 10.03.030, 20.05.030, 20.05.040, 20.10.010 20.10.020 and Chapter 20.91 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ALL CATEGORIES OF GROUP LIVING WHEREAS, the City has adopted regulations on different types of group living arrangements at various times throughout the City's history; and WHEREAS, the existing regulations on group living are confusing and in need of refinement; and WHEREAS, in light of the Fair Housing Act Amendments, 42 U.S.C. § 3601, et seq. (the "Act "), the City desires to codify its process for providing Federal Exception Permits when appropriate under the Act; NOW, THEREFORE, the City Council of the City of Newport Beach hereby ordains as follows: SECTION L Tlie following definitions contained in Section 20.03.030 of the Newport Beach Municipal Code are hereby amended to read as follows: "Campus" means three or more buildings in a residential zone within a 300 yard radius of one another that are used together for a common purpose where one or more of the buildings provides a service for the occupants of all the buildings such as when one building serves as a kitchen/food service area for the occupants of the other buildings. "Dwelling, multifamily" means a building containing three or more dwelling units, each of which is for occupancy by one family. "Dwelling, single - family" means a building containing one dwelling unit for occupancy by one family. "Dwelling, two family" means a building containing two dwelling units, each of which is for occupancy by a one .<uni'.y. "Family" means one or more persons living as a Single Housekeeping Unit The term "Family" shall include residential care, limited facilities for six or fewer mentally disabled, mentally i.YM <p E �P��j�• B I fl i - disordered or otherwise handicapped persons, but no other living group not living together as a single housekeeping unit. "Single Housekeeping Unit" means the functional equivalent of a traditional family, whose members are a non - transient, interactive group of persons jointly occupying a single dwelling unit, including the joint use of common areas and sharing household activities and responsibilities such asi meals, chores, and expenses. SECTION 2. The following definitions contained in Section 20.05.030 of the Newport Beach Municipal Code are hereby amended to read in their entirety as follows: "Day -Care, Limited" means non - residential, non - medical care and supervision of twelve (12) or fewer persons on a less than twenty -four hour basis. This classi fication includes, but is not limited to nursery schools, preschools, and day -care centers for children (large and small family day -care homes) and adults. "Group residential" means shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, dormitories, fraternities, sororities, and private residential clubs, but excludes Residential Care - Limited, Residential Care - General, and residential hotels (see Single -Room Occupancy (SRO) Residential Hotels, Section 20.05.050(EE)(4)). "Residential Care- Limited" means shared living quarters without separate kitchen or bathroom facilities for each roots or unit for six or fewer persons with physical or mental impairments which substantially limit one or more of such person's major life activities. This classification also includes, but is not limited to group homes, sober living environments, recovery facilities, and establishments providing non - medical care for persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. "Residential Care, General" means shared living quarters without separate kitchen or bathroom facilities for each room or unit for seven or more persons with physical or mental impairments which substantially limit one or more of such person's major life activities. This classification includes but is not limited to group homes, sober living environments, recovery facilities and establishments providing non - medical care for persons in need of personal services, supervision, protection or ass.stance essential for sustaining the activities of daily living. "Single - Family Residential" means buildings containing one dwelling unit located on a single lot for occupancy by one family. This classification includes mobile home and factory built housing. "Two- Family Residential" means buildings containing two dwelling units located on a single lot, each unit limited to occupancy by a single family. This classification includes mobile home and factory built housing. SECTION 3. The definition of "Residential Care, General" contained in Section 20.05.040 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: "Residential Care, General" means shared living quarters without separate kitchen or bathroom facilities for each room or unit for seven or more persons with physical or mental impairments which substantially limit one or more of such person's major life activities. This classification includes but is not limited to group homes, sober living environments, recovery facilities and establishments providing non - medical care for persons in need of personal services, supervision, protection or assistance essential for sustaining the activities of daily living. SECTIOY 4. Subsection Hof Section 20.10.010 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows; H. Provide public services and facilities to accommodate planned population and densities. The specific residential districts and their purposes are as follows: Residential - Agricultural (R -A) District. Provides areas for single - family residential and light farming uses. Single - Family Residential (R -1) District. This is the City's most restrictive residential zoning district, established to provide for a stable, social neighborhood for single - family residential land uses by limiting occupancy to one family. Restricted Two Family Residential (R -1.5) District. Provides a as for sin � family and ttv family residential land uses with f} total gross�oor area of allbuildings limited to a maximum floor area ratio of 1.5 times the buildable area. Two Family Rlsidentiall -2) District. Provides areas for single- 'amily and two family residential land uses. :il a�n'SIih754 ..'I <Q )i 1070E^, Multifamily Residential (MFR) District. Provides areas for single - family, two - family, and multiple family residential land uses. SECT ON S. Section 20.10.020 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.10.020 Residentlal Districts: Land Use Regulations. The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in residential districts, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in residential districts. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.9 L. The letters "PD /U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "PIUP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. The letters RA designates use classifications for which a Federal Exception Permit must first be obtained pursuant to Chapter 20.91. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. Residential Districts: Laud Use Regulations P - Pemtitted UP - US& permit PD/U = Use pemlit issued by the Planning Director L = Limited (see Additional Use Regulations) FEP - Federal Exception Permit z Not Permitted - - -- - - -- -- � R -1 �iR 1.5 - Z Addll Addit !r Regulations egulations - - RESIDEIYTiAL - — ��— ^ cA), (B), (C) _ - J Day -Caze_ Limited ` �� IP —� _ il` -- -._IE______JI`___^ ':IGroup Residential .... ... - -.! I, - - - - -- - P�— �� i- - - - - -- - -' - Residetnitial Care Gene FEP _ _.FF Single- family Residential ' P P I P ' P j P (D), (E) (N1) _. Multifamily Residential Two- Family Residential _.. - . .- �— I_ -P - (D) _ , 07 'BLIC AND SEMI-PUBLIC; t--- J -11-F--7.�J( -- - ---- J.-.- .......... ...... .... . . . .. ;[Clubs and Lodges 'Convalescent Facilities Day Care General — K2 L-7-1ET — lyp �1�,jveT�Tenl Off FuT UP F�f� ET jp- IPerk and Recrration Facilities ilEublic Safety Facilities Religious Assembly Schools, Public and Private F�Lp-- F P P- 7 Pj jUtilities, Major 1ju? :11Utilities. Minor COMMERCIAL USES �lHorticulture, Limited lNurseries 17 jr--- hicle/Equipment Sales and vices Conunercial Puking fa!:lli.ty [L-. Visitor Accommodations :BL- ..cl-end -Breakfast Inns "up I(F) Residential Hotels �AGRICULTURAL AND -MC ES C 1 1 EXVTMAUCLT'IVE US Animal husbandry PD/ 'IF "I (A), (R). (C) Crop Production T Mining and Processing I L-4 j L� L-4 iT4 Ti (A), (B), (C) ACCESSORY USES Accessory Structures and Uses PrLB F- --- PUP PrUp FTE7\I P 0 f? k _] k-17USES - (14), (.C) cuses and Carniv2!s F(K- P Commercial Filming, Limited ! P P - Personal Property Sales Heliports, Temporary, _.__�J�iC —__ ��C_._�JS (J) J Real Estate Offices, Temporary ' L -5 ��IL -5 _ —� L -5 (L -5 }�5 _ (B) Residential Districts: Additional Lead Use Regulations L -1: Twenty (20) acres minimum. L -2: Limited to yacht clubs, use permit required. L -3: Public or no fee private lots for automobiles may be permitted in any residential district adjacent to any commercial or industrial district subject to the securing of a use permit in each case, L -4: See Chapter 20.8 1, Oil Wells. L -5: Subject to the approval of the Planning Director. (A): See Section 29.60.025, Relocatable Buildings. (B)'. See Section 20.60.615, Temporary Structures and Uses. (C): See Section 20.60.050, Outdoor Lighting. . (D): With the exception of uses in the R -1 Zone, any dwelling unit otherwise permitted by this Code may be used for short term lodging purposes as defined in Chapter 5.95 of (lie Municipal Code subject to the securing of: L A business license pursuant to Chapter 5.04 of the Municipal Code. 2. A transient occupancy registration certificate pursuant to Section 3.16.060 of the Municipal Code. 3. A short term lodging permit pursuant to Chapter 5.95 of the Municipal Code. (E): See Chapter 20.85, Accessory Dwelling Units. (F): See Section 20.60.110, Bed and Breakfast Inns. (G): Keeping of Animals in the R -A District. The following regulations shall apply to the keeping ofanimals in the R -A Distnct L Large Animals. The keeping of large animals (as defined in Section 20.03.030) shall be subject to the following regulations: a. Horses. One horse may be kept for each ten thousand (10,000) square feet of lot area, up to a maxiutum of three horses, provided, the horse or horses are kept for recreational purposes only. The keeping of four or more horses for recreational uses shall require a use permit issued by the Planning Director. The keeping of horses for commercial purposes shall require a use permit issued by the Planning Commission. b. Other Large. Animals. Other large animals, including goats„ sheep, pigs and cows, may be kept on lots of fifteen thousand (15,000) square fi_et or more and the number shall not exceed two adult animals of any one species. C. Total Number Permitted. The total number of large animals shall not exceed six. Offspring are exempt until such time as they are weaned.. 2. Domestic and Exotic Animals -'ne number of domestic and exotic animals (as defined in Section 20.03.030) shall not exceed six. Offspring are exe-mpt up to the age of three months. The keeping of four or more dogs over the age of three months shall require a kennel license pursuant to Section 1.04.090 of the Municipal Code. The keeping of wild an rrals shall require a permit pursuant to Chapter 7.08 of the Municipal Code. 3. Small Animals. The number of small animals, other than domestic and exotic animals (as defined in Section 20.C3.G30 }, shall not exceed six- Offspring are exempt up to the age of three months. a. Cortrnl. f v a. Domestic Animals. No such animals, except for cats, shall be permitted to un al large, but shall be confined, at all times within a suitable enclosure or otherwise under the control of the owner of the property. b. Other Animals. No animal, other than domestic animals, shall be permitted to run at large, but shall be confined, at all times within a suitable enclosure. (H): See Chapter 20.81, Oil Wells. (17: See Section 20.60.100, Home Occupations in Residential Districts. (1): See Section 20.60.055, Heliports and Helistops. (K): Special event permit required, see Chapter 5.10 of the Municipal Code. (L): See Section 20.60,120, Personal Property Sales in Residential Districts. (M): See Section 29.60.125, Design Standards for Mobile Homes on Individual Lots, SECTIONN 6. Section 20.91.015 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.91.015 Use Permit, Variance, or Federal Exception Permit Requisite to Other Permits. No building permit or certificate of occupancy shall be issued in any case where a use permit, variance, or Federal Exception Permit is required by the terms of this code unless and until such use permit, variance or Federal Exception Permit has been granted by the Planning Director or the Planning Commission or by the affirmative vote of the City Council on appeal or review and then only in accordance with the terms and conditions of the use permit, variance or Federal Exception Permit granted. SECTION 7. Section 20.91 .020 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.91,020 Application for Use Permit, Variance, or Federal Exception Permll. An application for a use permit, variance, or Federal Exception Permit shall be filed in a manner consistent with the requirements contained in Chapter 20.90, Application Filing and Fees. SECTION 5. Section 20.91.025 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.91.025 Duties of the Planning Director and the Planning Commission, A. Authority. The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits, variances and Federal Exception Permits, unless the authority for an administrative decision on a use permit is specifically assigned to the Planning Director in the individual chapters of this code. t Exception. The City Council shall have final decision - making authority on the applications for use permits, variances and Federal Exception Permits filed concurrently with amendments to the general plan, zoning code, or a planned community development plim or with a development agreement. B. Rendering of Decision. After the conclusion of the hearing on any application for a use permit, variance or Federal Exception Permit, the Planning Commission shall render a decision within thiRy -five (35) days. Where the authority for an administrative decision on a use permit is assigned to the Planning Director, the Planning Director shall render a decision within fourteen (14) days of :he acceptance of a completed application. C. Report to the Planning Commission. Upon rendering a decision on a use permit, the Planning Director shall report to the Planning Commission at the next regular meeting or within fourteen (14) days of the decision, whichever is appropriate. D. Notice of Decision. Upon the rendering of a decision on a use pennit by the Planning Director, a notice of the decision shall be mailed to the applicant and all owners of property within three hundred (300) feet of the boundaries of the site. SECTION 9. Section 1-0.9 1.030 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.91.030 Notice and Public Hearing. A. Public Hearings. The Planning Commission shall hold a public hearing on an application for a use permit, variance, or Federal Exception Permit . Public hearings are not required for applications where the authority for an administrative decision on a use permit is assigned to the Planning Director. B. Timing of Hearings. A public hearing shall be held on all use permit, variance, and Federal Exception Permit applications, except as otherwise provided in this chapter, within sixty (60) days after the acceptance of a completed application.. The Piannirk C: ission 8ireetFshall have the ability to review an application for a acs= r;,., +e�ieti Federal Eccemion Permit regardless of whether this code specifically provides for such a nee. ,eb�ada�iewre oral Exception Permit when othe;,vise required by state or federal law. ;i c•ac<i.rso C. required Notice. Notice of a public hearing or an administrative decision shall be given as follows: 1. Mailed or Delivered Notice. a. Residential Districts. At least ten days prior to the hearing or an administrative decision, notice shall be mailed to the applicant and all owners of property within three hundred (300) feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. b. Nonresidential Districts. At least ten days prior to the hearing or an administrative decision, notice shall be mailed to the applicant and all owners of property within three hundred (300) feet, excluding intervening rights -of -way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section_ 2. Posted Notice. Notice shall be posted in not less than two conspicuous places on or close to the property at least ten days prior to the hearing or the administrative decision. 3. Published Notice. Notice shall be published in at least one newspaper of general circulation within the City, at least ten days prior to the hearing. D. Contents of Notice. The notice of public hearing or of the decision of the Planning Director shall contain: 1. A description of the location of the project site and the purpose of the application; 2. A statement of the time, place, and purpose of the public hearing or of the purpose of the administrative decision; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard at the planning hearing and an explanation of their rights o` appeal in the case of an administrative decision. -0C _ E. Continuance. Upon the date set for a public hearing before the Planning Commission, the Planning Commission may continue the hearing to another date without giving further notice theteof if the date of the continued hearing is amiounced in open meeting. SECTIOY 20. Section 20.91.0:5 of the Newport Beach Municipal Code is hereby amended by adding a new subsection C relating to Federal Exception Permits. 20.91.035 ;Required Findings. The Planning Commission or the Planning Director, as the case may be, shall approve or conditionally approve an application for a use permit, variance, or Federal Exception Permit if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission or the Planning Director finds: A. For Use Permits. 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located; 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the general plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city; 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. B. For Variances. I. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; 2. The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant; 3. The granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district:; 4. The granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. C. For Federal Exception Permits. The Federal Exception Permit sought is handicapped- related. 2. The applicant has demonstrated that the living group residing in the Dwelling functions as i Single Housekeeping Unit as evidenced by factors including, but not limited to a lack of transiencey among its members. For the purposes of Federal Exception Permits in other than the R -1 Zone, a lack of transiencey shall mean the household does not change more than 50% of its members in any given calendar year. The Federal Exception Permit neither requires a fundamental alteration in the nature of it program affected by the Federal Exception Permit nor imposes an undue financial or administrative burden on the City which creates an undue hardship on the City. To the extent authorized by law, the factors the Planning Commission, or the City Council on review or appeal may consider the following in deciding whether to grant a Federal Exception Permit include, but are not necessarily limited to: (i) whether vehicular traffic congestion in the neighborhood would be increased to an extent that would be contrary to, or violate, any relevant provision of the Newport Beach Municipal Code if the Federal Exception Permit was approved; A "Federal Exception Permit" is the name of the permit and application prQg ss necessary to obtain a "reasonable accommoda� ion" as that t °rm is use .n the Federal Fai,Ciiouslne Act Amendments fFH.- �and the case w implementlr_, the f 4�The applica *ion fora edcral Exception Penttit shall be approv unless the evidence in the administrative recur_ d establishes one of the findir_gs f jjjL (ii) whether the nature of vehicular traffic, such as the frequency or duration of trips by commercial vehicles, would be altered to a such an extent that it would be contrary to, or violate, any relevant provision of the Newport Beach Municipal Code if the Federal Exception Permit was approved; or (iii) whether development or use standards established in the Newport Beach Municipal Code and that are applicable to other residential uses in the neighborhood would be violated; or (iv) whether a Campus would be established in a residential zone if the Federal Exception Permit were granted; SECTION 11. Section 20.91.040 of the Newport Beach Municipal Code is hereby amended by adding a new subsection C relating to Federal Exception Permits, 20.91.040 Conditions of Approval. The Planning Commission or the Planning Director, as the case may be, may impose such conditions in connection with the granting of a use permit, variance, or Federal Exception Permit as they deem necessary to secure the purposes of this code and may require guarantees and evidence that such conditions are being or will be complied with. Such conditions may include requirements fot off-street parking facilities as determined in each case. SECTION 12. Section 20.91.045 of the Newport Beach Municipal Code is hereby amended by adding a new subsection C relating to Federal Exception Permits. 20.91.045 Effective Date. Use permits, variances, and Federal Exception Permits shall not become effective for fourteen (14) days after being granted, and in the event an appeal is filed or if the Planning Commission or the City Council shall exercise its right to review any such decision under the provisions of Chapter 20.95, the permit shall not become effective unless and until a decision granting the use permit, variance or Federal Exception Permit is made by the Planning Commission or the City Council. SECTION 13, Section 20.91.050 of the Newport Beach Municipal Code is hereby amended by adding a new subsection C. relating to Federal Exception Permits. 20.91.050 Expiration, Time Extension, Violation, Discontinuance, and Revocation. A. Expiration. Any use permit, variance, or Federal Exception Permit granted in accordance with the terms of this co!e shall expire within twenty -four (24) months from the effective date ofapproval or at an alternative time specified as a condition of approval unless: 1. A grading permit has been issued and grading has been substantially completed; or 2. A building permit has been issued and construction has commenced; or A certificate of occupancy has been issued; or 4. The use is established; or 5. A time extension has been granted. In eases where a coastal permit is required, the time period shall not begin until the effective date of approval of the coastal permit. B. Time Extension. The Planning Director may grant a time extension for a use permit, variance, or Federal Exception Permit for a period or periods not to exceed three years. An application for a time extension shall be made in writing to the Planning Director no less than thirty (30) days or more than ninety (90) days prior to the expiration date. C. Violation of Perms. Any use permit, variance, or Federal Exception Permit granted in accordance with the terms of this code may be revoked if any of the conditions or terms of such use permit, variance or Federal Exception Permit are violated, or if any law or ordinance is violated in connection therewith. D. Discontinuance. A use permit, variance, or Federal Exception Permit shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (130) consecutive days. E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96, Enforcement. SECTION 14. Section 20.91.055 of the Newport Beach Municipal Code is herby amended relating to Federal Exception Permits. 20.91.055 Amendments and New Applications. A. Amendments. A request for changes in conditions of approval of a use permit, variance, or Federal Exception Pennit or a change to pla -is that would affect a condition of approval shall be treated as a new application. The Plarming Director may %vane the requirement for a new application if the changes are minor, do not involve substantial alterations or additions to the plan. or the conditions of approval, and are consistent with the intent of the original approval_ B. New Applications. If an application for a use permit, variance, or Federal Exception Permit is disapproved, no new application for the same, or substantially the same, use permit, variance or Federal Exception Permit shall be filed within one year of the date of denial of the initial application unless the denial is made without prejudice. Bob Burnham, City Attorney, City of Newport Beach July 6, 2004 Page 2 as a "Referral Facility." A Referral Facility is a Residential Can or Residential Service facility where one or more of the person's residency in the facility is pursuant to a court order or directive from an agency in the criminal justice system. The category does not, however, include state license facilities containing 6 or fewer persons. Referral Facilities are prohibited in the City's R -I zone and permitted by conditional use permit in all of the City's other residential zones. (Costa Mesa Municipal Code § 13 -30.) Ill. City of Laguna Beach The City of Laguna Beach does not expressly regulate sober living homes, residential treatment facilities or other group homes. The city does, however, limit residency to "families," defined as "an individual or two or more persons related by flood, marriage or adoption, living together or a group of not more than six persons (excluding servants) not all of whom are related by blood, marriage or adoption but all of them are living together as a single housekeeping unit within a dwelling so that all persons within the unit maintain free access to all living spaces within the dwelling. (Laguna Beach Municipal Code § 25.05.011) Under state law, all residential care facilities and alcohol rehabilitation facilities serving 6 or fewer persons would therefore be permitted in all the City's residential zones. It is unclear how the City regulates residential care facilities, group homes or alcohol recovery facilities serving 7 or more. :Si 1166751 -nn'9 ,), v. .31::06. J,.n4 TO FROM: DATE: FILE NO.: RE: MEMORANDUM Bob Burnham, City Attorney, City of Newport Beach Jeffrey A. Goldfarb July 6, 2004 066751 -0059 Nearby Cities' Mechanism for Regulating Sober Living Environments You have asked that we review the mechanism that adjoining cities use for the regulation of sober living facilities. We have reviewed the Municipal codes for the Cities of Costa Mesa, Irvine and Laguna Beach. Below is a discussion of each city's regulatory approach. L City of Irvine The City of Irvine defines a sober living facility "as any house, institution, hotel or similar place that provides room and board, or rooms only, and operates as a drug and alcohol free residential facility." (Irvine Zoning Ord. § 1 -2 -1.) Irvine permits sober living facilities in all residential zones with the exception of the "estate density residential zone" (one house per acre) without regard to the number of persons the facility serves and without regard to whether the residents are living together as a single housekeeping unit. (Irvine Municipal Code § 3 -3 -1.) Irvine also includes regulates a category of uses entitled "Residential Care facilities," (Irvine Zoning Ord. § 1 -2 -L) which are defined as "any family home, group care facility or similar facility providing 24 -hour non - medical services, superv'.sions or assistance essential for sustaining the activities of daily living. Residential Care facilities includes shelters, board and care facilities, halfway houses, wards of the juvenal court and the like and excludes Sober living facilities." (Id.) Tl:e Irvine Zoning Ordinance allows Residential Care facilities in all residential zones with a Conditional Use Permit. (Irvine Municipal Code § 3 -3 -1.) Because Residential Care facilities expressly exclude all "Sober Living Facilities," the Irvine Zoning Ordinance would allow all drug and alcohol free group living facilities, in every residential zoned as a matter of right without regard to number of residents. H. City of Costa Mesa Costa Mesa includes sober living facilities within the definition of residential care facilities (which are state licensed facilities), and residential service facilities (which are not state licensed facilities). Residential Care and Service facilities serving 6 or fewer are permitted in all of the city's residential zones. (Costa Mesa Municipal Code § 13 -30.) Residential Care and Service facilities serving 7 or more are prohibited in the City's R -1 zone, and conditionally remitted in all other residential zones cf tEe City. (Costa Mesa Municipal Code § 13 -30.) The City Code a'so contains a special category of Residential Care and Service facilities referred :o L v 72 T 11 7 97 M LAVV OFF ICES OF DANIEL C CARLTON 2600 M I C H E L S O N DRIVE, SUITE 1 120 I R V I N E. CALIFORNIA 9 2 6 1 "' FACSWILE TRANSMITTAL SHEET 7C FROM; Robert Bumham, Esq. Daniel C. Carlton C cs 'A `2 41 N y _7A — E. City of Newport Beach 07/13@4 707AL '4Q. CF -AGES INC,-.;D NG ' DVE�. (949)644 -3139 23 (949) 644-3131 Narconon Southern California PLEASE NOTE: If you do not receive the whole transmission or if you have any difficulty reading the pages, please contact Heather a! (949) 757 -07 THE 6NFORMATION CONTAINED IN THIS FACSIMILE 13 IN-ENDED ONLY FOR THE USE OF THE �,NDJV(OUAL DR EN7nYTOWF.iC'i IT 13 ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED. CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE 1NTENOED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS FACSIMILE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FACSIMILE IN ERROR, PLEASE IMMEDIATELY P40TIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE To US AT THE ABOVE ADDRESS VIA THE U S. POSTAL SERVICE. THANK YOU FCR YOUR COOPERATION. T- Jul 26 04 08:42, MOHAWK WESTERN PLASTICS I acsimilc Mail 90911)68691 Phone (626)3;914-'2 Ma.\ or. L'itl� Council llembcl:<of t'cwprrl Beach. G\ I acsmide' flail 9496.14107? i 9J91 596 -6691 A0 0,200} Re: luh 27, 2004 Agenda Item =1 Aduplion ot• proposal Amendment to the L:oltinc t)rdinnncc for l:ecoverc Facilities Gcnticmen: \L,• hare ossned 181(, \ \ -cst Oceanfrom sitter 1967, \4'e n.ti'c used it as uu:' acaiion sinelc fam'l\ residence all this tittle. In IQ9' \\e rcmudilvd turd added a itto bedroom apiti tntcnt over the garage. 1 be prc•eent resident. there foi the laat three )'cars, is a ,inglc lad.\. We me (xrtainl) av are of the usage and occupants ecroduct at 18;10 \1 est Oceanti ottt. We visit with our friends at 181? Wem Oceanfront. At tinter the noise uud the srookc emiutating from 1810, is in cutr kipinion, con�titutcs both a public and a private nuis inec. 'i ou mum rcalive d:al there is onh a tlir(:c ii)ot side vard set hack in all of that arcs. IN c ihere•titt'e support and urge "Nou to adopt the proposed /oning Ot'dinance Arnt :ndment and also rcquirc a I caring before issuing conditional ux• pci Writ. rcyuiring the occupants to abide by remoni b1e and non discriminatory rcctrietioflS. We do CXPect that these conditions of occupzimv be compatible Aith the usage cnntcinplatcd rotten the orikiml zoning of IZ- 2,5 t +as passed. Since all these hearings the recoi ery lacility has been a moat heifer m°igbhor. Ho ever, in addition to their pvrmancnt residents ihe\ are busing m several t an loads of peopk daily at mokind 8 A.M. and picking them up in the oohing about 0 P.ihl. the hood supplies Conte ht at (east t'Aicc a week. The trash company empties two large dompstc•rs three a week. All this impacts the traffic flom in the narro�N alter serving Ocean l rant and Balboa icaidcnts. All of these thing., should hr considered zmd the pci- mitive should be licld respinisibl,: to the standards of the other tuca neighbors. clothing lcsc, nothing mnrc. In doins tthat'> fair and reasonable I hope that each C'ounci`, iutd SUIt member \sill approach this problem ae though the reco'cry tacility is their neighbor and not just our. \'cr% trrh' N om s. John and Margic Nlordoff P.i Mr. And Mrs. Albert Irwin 1802 West Ocean Front Ne\tiport Beach, California Jul 26, 2004 C'itc Council Cuu of Nei +port Beach 3300 Newport Blxd. Newport Beach, Ca. Re: A-cnda Item No.4 —July 27, 2004 Dear Mayor Ridgway and Councilmen: Although we are unable to be present at our mccting. we w ish to c\:press 0111- support tor the proposed coning amendment regarding Recovery 1�acilitics. Please pa:;s this amendment. As long time residents ol'the Peninsula. w1- hax e personally cxperienccd the difficulties that can occur when Group Livin. facilities are too densely located and poorly managed. Sinccreix, AI and Lois Irwin • N ^RCl/ N O NO SOUTHERN CALIFORNIA '04 July 27, 2004 City of Newport Beach City Council 3300 Newport Blvd. Newport Beach, CA RE: AGENDA ITEM 4, July 27, 3004 Council Meeting Dear Sirs: I am sending you this packet to better inform you on the National Drug Control Policy of the Office of the President and to give you some examples of the many cases cities have lost trying to restrict group homes and the disabled, of which people in recovery qualify. Sincerely, Gerry d/rShall, President CC: Jon Stearman, Narconon City Manager; Newport Beach City Attorney, Newport Beach DRUG AND ALCOHOL, EDUCATION AND REHABILITATION SERVICES 1810 WEST OCEAN FRONT, NEWPORT BEACH, CA 92663 PHONE (800) 876 -6378 FAX (949) 675 -8991 N'ARCONON S! �uthcrn Califurnie is a mm -profit public bcnc it o irpnratic.n www.addictionca.com CSP,Inc. (9491250 -0891 p.3 S E%F,CU7'IVE OFFICE OF THE PRESIDENT OFFICE OF NATIONAL DRUG CONTROL POLICY Washington, DC ?0503 Dear Friends and Colleagues: One of our nation's most important concems is addressing alcohol and drug use disorders. President Bush has made it a priority to expand treatment options for those in need. This September. during the 15i° annual National Alcohol and Drub Addiction Recovery Month ( Recovery Month), the White House salutes those in recovery and the treatment providers and recovery suppon program officials who have contributed to their successes. Recovery Nlonth recognizes the crucial role of alcohol and drug treatment programs in our fight to promote recovery. This year's theme - "Join the Voices for Recovery ... Now!" - is intended to encourage support for effective and coordinated treatment and recovery services for those in need. To encourage the availability of effective treatment, President Bush has created a new initiative known as Access to Recovery. This effort will help thousands of people gain access to the type of treatment for alcohol and drug use disorders that works best for them. Your work at the local level is vital to improving Americans' access to treatment programs. During Recovery Month and throughout the year, you contribute greatly to highlighting the benefits of alcohol and drug use disorder treatment. On behalf of the President, I thank you for your ongoing conintitment to help those with alcohol and drug use disorders and their farnihes overcome barriers to treatment and recovery. With your help, we can guide more Americans through the recovery process and affect positive change in our society. Sincerely, John P. Walters Director National Fair I--lousing Advocate Online Page 1 of 2 A project of the =a ocat;eF011fine Da air Housing %a4L 'tf y� qqLL �/�,� (�i(-: r�V'i'Ii7 n12 aboui: FHAV I contacU us Tennessee Fair Housing Council yo — News Archive Old Neadji, e City pf Fresno, California agrees to $535,000 n nt "Vocaee in Justice Department disability Print advocabs ,• t, ., < = discrimination case — Discussion r a._e r -,,: U; l- ; . The city 'If Fresno, California will pay $535,000 and will no longer oppose the I e Guest "co r:: renovatiorof an apartment building which will provide housing for persons with mental disabdrtiesunder an agreement reached with the Department of Justice in — Resources April. The lsettiementresolves a fair housing complaint filed by the Justice N-_.- , YOU DeparCmeht which alleged cityofficials' actions had denied housing opportunities to Everi, persons b sed on disability. _nks CityCouncil member opposed allowing mentally disabled tenants to live in Soc:'< Clv?: building 5pcnso+-S . A private lawsuit, filed by a California man and two Fresno non -profit agencies, —Legal Research - wasalso settled under the agreement. -'he agencies, Family Alliance for the Mentally II; andAffordable Homes, inc., had sought to renovate a 22 -unit vacant Recovery Dataitase complex. They met withstiff oppositior from a Fresno city council member when it was learned that mentallydisabled persons would live in the renovated building H.U.C. Sei!'lem:. ^ts called Cedar Heights. S!'.5lCi2F a:'d i<e_ Andes Under the agreement, the city agreed to provide the following: HU • J ..e50e'Ge; settlement • Training for its employees and officials to ensure they will not discriminate againstperson5 with disabilities in the future; • $445,000 in grants to help pay for the renovation of the Cedar Heights • $85, 00 to cover the plaintiffs' legal costs; • $5,000 to cover the housing costs of the man who could not move into Cedar Heig is whllerenovation was delayed; • A coglmunity outreach program to inform the public about services and benePts availableto Fresno residents with disabilities; and • A rev iew of F-esno's current housing programs to determine if any changes are nleeded toaccommodate persons with disabilities. City vioiated law by 'going along" with Council member's plan to keepdisabiled persons out According tj the Justice Department, the City violated the Fair Housing Act and othercivil rights laws when its officials went along with one council member's campaign tv keeppe, soris .:ith Mentz? disabiliies out of Cedar He' "G. The Councilrna^ ^v,-ho .s no longer p ^the Council, vanted g- - ran'tees that the tenants at Cedar Heights would not "exposethemseives" or defecate on his constit.ients' lawns. Withdut that guarantee, the mansaid that he would burn the building down. !I The City's actions not only denied hcusing opportunities to potential tenants at CedarHeioh; they aiso forced a man ready to move In to find other suitable http:i/,Ai�Av.fairhousirtg.com index, fm? method -page. display &pageLD- 3210 7i25r2004 0 i•d S690ZBL09LI 003IQ NHS NON002iFJU d00 =90 b0 9Z inC National Fair Housing Advoca i online Page 2 oF2 housing while therenovation was held up. Cedar sleights renovation will address Fresno's need for affordable housing formen {ally disabled http : / /www.fa TT -d Charles Stevens, the US Attorney in Sacramento, said that Opposition for thedi abled was "counterproductive." He went on ro sa "Eveo to housing thatthe �Jifroposed renovation of Cedar Heiohts will help address the o lack o reed affordabl housingfor people with mental disabilities in Fresno. We're glad that the city and the non- proritagencies will be able to devore their time and resources to the renovation, instead orlicigation.- Isabelle Katz Pinzier, Acting Assistant Attorney General for Civil Rights, agreed with Stevens. "Stereotypical attitudes should not stand in the way OF the right of peoplewiCh mental disabilities to find an affordable place to live." She later added, "N.jc are pleased that the City agreed to wdr„ Out cur core e, ns. rrdcecOOp and advocacy, Inc., Mental Health Advocacy Services, the Western Center ORILaw and Poverty, Central California legal Services, and Fresno attorney Jack Danielrepresented the plaintiffs in the private lawsuit against the city. Jack NJ, wh with n cn Legal n it o "NIMBYis•nis on the upsing ad politiians are emgoguig behind time for ai vocatesb dig in. The law is good. Dig in and fight like hell and we'll win. from June 1997 Advocate S6902BL09LT dispiav &pagelD =3210, 093IC NUS NOIJOCaUlJ %/35/200+ dT0:90 40 9Z Inc, National Fair Housing Advocate Online Pa-0e 1 of 1 Mal -, rte:.::;, Ate, NF HA conta Nev.`s Archive Press Releases a:;nt A�coci:fe P,ctidn Aler -s Discussion T`e vue"', Room — Resources 4e: Help Nea. }`CU cVerts :cb t.:Sif g Ur!{c SParis7rs —Leval Research Ca >e DaU;bcse P ?ccve,y Da'aba5e h,!D S ?ttlemants City $55 > A project of the Tennessee Farr Housing Council onal Fair Housing irate Online , I 'name ', zbaut FvrFHA'J ' rar.ams us of Taylor, Michigan agrees to pay 1,000 for refusing to rezone adult lential care center I_. In yet another instance where a city's government has been accused of denying housing r'ahts to its disabled citizens, another large settlement has been reached. The city cif Taylor, Michigan has agreed to pay $550,000 to settle a discrimination lawsuit filed by the owners of a residential facility for disabled adults. Accordingl to the lawsuit, Taylor officials had refused to allow the facility to house more than six residents because of zoning laws. The residential facility was in a single family area. Zoning requirements in single family areas limited the number of persons h ing together to six. When the facility asked that their property be rezoned to allow 12 residents, Taylor officials said no. Both Smit� and Lee Associates, the owners and operators of the facility, and the US Departure t of Justice filed separate federal lawsuits. Both lawsuits claimed that rezoning the property to allow more residents is a reasonable accommodation under the fair Housing Ac's disability provisions. Taylor settled the Justice Department suit by agreeing to allow .nine residents at the facility. Smith and Lee Associatesl continued its lawsuit. In Decemtler 1996, the Sixth Circuit court issued a ruling on behalf of the plaintiffs, agreeing that the city of Taylor had failed to make a reasonable accommodation. The court also held that the city must allow up to nine residents in adult care facilities eHen if those facilities are in single family zones. Following the Sixth Circuit's ruling, the city of Taylor agreed to settle with Smith and Lee Assocates. The cash settlement included money for lost profit,,, damages, attorneys' flees, legal costs, and interest. Taylor officials also agreed to an injunction probibiting it from interfering with the operations of aduit foster care I-aciiiiie5 in �'ingi8 faiiiiiy neigl"borhoods So long as they had nine of fewer reSidenu. _ �_______ ___________._.._______________. __.. ..__. http: / /www. fairhou-,ing.com/index. z•d S69DZ8L09LI display &pagcID ==3054 093I9 WUS 1,101,10ON J 7/25%2001 dLSSO b0 92 Inc National Fair Ifousine Advor* Online Paac I of — Discussion A project of the Tennessee Fair Housing Council t_� l Nat onai Fair !-lousing - - Advocate Online NFHAG rtoine about NFHA.G' , fn_rttms - — Resources Contact us — News Archive calls a "Ui3te sweet victory." c1, heDd':i,e; City, group home reach 'bittersweet' P=S -ea e5 settlement 11 ri t A6vocu;._ out of a s tuation that was drainino their resources, it also means that they will ACtiCn A army i47!e >, iYCwS Aicili'vc > N; i,f:_cs — Discussion By Traceiy McCartney •' "'-`sa2 : "� "�nu National air Housing Advocate Online The Guest Rc;or,. (SEDON Ariz., July 14, 2003) -- Operators of a group home in Sedona, Ariz., will — Resources receive more than half a million dollars from the city in a settlement their attorney Gst i -C_c Near o,; calls a "Ui3te sweet victory." Everts . ;ob 'Jsdngs It's "bittersweet" because, while the settlement gets the operators out of debt and Links out of a s tuation that was drainino their resources, it also means that they will Bock. C!�� abandon he site they were hoping to use for a group home for individuals Sponsors recoverin from substance abuse. —Legal Research In late 2002, Recovery Alternatives, an organization that provides housing for ase DataJase people in recovery from substance abuse, acquired a home in Sedona's Kachina p,e_ovory Dd!abase subdivision for a group of its clients. The organization ootained licensing and completed renovations of the property only to be told by the city that it had to get HCD Sett!ements . a "conditional use permit" before it could open. Stacu'es a. ^.d Reo Articles The proce s forgetting a conditional use permit in Sedona involves notification of ?e %1D ices neighbors rid public hearings. After angry neighbors in the hearings convinced the city to tur down the application for the permit, Recovery Alternatives sought legal help from he Arizona Center for Disability Law, a fedenlly funded non -profit ACDL filed `p discrimination complaint with the Arizona Attorney General's office on Recovery 11ternatives' behalf in January 2003. Under the Fair Housing Act and similar Arizona law, housing discrimination against people with disabilities is illegal. Individuals in recovery from substance abuse are considered disabled under the law, althou h those currently using controlled substances are not. In re_sponsel to the complaint, the city reversed itself and re- classified tl':e home, removing apy obstacles to its opening. This, however, led the neighbors to threaten their own lawsuit against the city . The city the threatened to simply delay any action until a judge could sort out everyone's Sights, said Diana Chen, an attorney with the ACOL. Meanwhile, �ecovery Alternatives was paying interest on a hne of credit it had taken out to operate the home and was running into problems with agences that had given it.granus to provide housing, she said. Even tha a victory httpJ;v.;vw.fairh0 us; ng.ccr ird x. Recovery Alternatives' decision to abandon the site might appear to be the neighbors who didn't want the home there, the settlement was in ?204 ZI'd S6900BL09LI 093IQ NHS NOId0O21FibI ,7 0nnq d20:90 b0 9a Inc National Fair Rousing Advocate Online Page 2 of 2 her clien, ' best interest under the circumstances, Ms. Chen said. "It was Lt too poisonous a situation," she said. For three months, neighbors displayed brightly colored signs in their front yards expressing their opposition to the home, and the operators had to look at those signs every day when they visited the site, she said. httP: /, &'%vAN Neighber� also expressed concern that the residents would be allowed off the grounas Ana wondered whether their children would be safe outside, Ms. Chen said. "They (Recovery Alternatives) decided their residents weren't going to feel free to even walk through the neighborhood," Ms. Chen said. The orga cation will try to find a site in a neighboring city, but t:iere's no guarante� It won't face obstacles elsewhere, she said. Under the settlement, the city agreed to: pe7anently post a disclaimer in Sedona City Hall which states that dis2nm,nation on the basis of race, color, religion; sex, national origin, farri,lial status, or disability is prohibited; • offeir a Fair Housing training session to City staff working on housing issues; • pur�hase complainant's property intended for the group home for a sum of $3 ,000.00; • pay ) settlement amount of $148,334.00, which included attorreys Fees and cos to the Center; and • con ene a study session of its Planning Commission in corsuftation with the Cen er within 120 days of the agreement to consider revisions and am ndments to the Land Development Code and other City codes regarding plat ment of group homes and the City's obligation and duties under the fed ral and state Fair Housing Acts and other laws applicable to people with The revisions to the city's codes will probably involve language that will remove barriers for, housing with people with disabilities to locating in residential neighborhoods, said G. Eugene Neil, Sedona's assistant city attorney. "1 think with the change of the ordinance we will be better able to adress the applications when they come in," he said. The city wil probably dispose of the property at public auction:, he said. Asked if th settlement represents a victory for the hostile neighbors, Mr. Neil characteriz d it as "a resolution of the situation." -- -- ---- I ------ ------- - -- --- -- ---- -- -- -- -- -- 7/ 25%2004 6i -Cl 5690ZBL09Li 093IQ NdS NONOJbbN dz0:90 b0 Sa Inc National Fair llousine Advocate Online A.. Na, 4 , Ate_ INFHA Old HeadI!nes P:e5s R,elecas Print A- 'vncnLe — Giscussio,� ine Guest Room Resources <�t r -1?.IP Near Yp.j evenCs 'c Li.. ^-as finks spocsota —Legal Research Fecoveri oataCzlse HU Set!Jement5 Si_...ies a,C Nrtldes conta Page I of I A project of the Tennessee Fair Housing Council ac' nc-11 Fair Housing Seurat: Ovate Online �°.. Name ,aboutNIF'-iA0 ,'r`o•,:�„s ,,..,...;!: _ t us Panel decries discrimination against (BOSTON, May 12, 2003) A naflonal policy panel said that people with addictio s to alcohol and other drugs face widespread stigma and discriminabon in trying to ?access treatment and achieve recovery, A,coholism & Drug Abuse Weekly reported .April 21, According to the Join Together policy -pane) report, people with addiction face numerou obstacles In obtaining health Insurance, appropriate medical care, employm nt, public benefits, education and training programs, and housing. "We ope the report will raise awareness of the subtle and not -so- subtle effects of legalized discrimination," said Anara Guard, a spokesperson for Join Together. "People i I1 recovery or in treatment should not be subjected to legally imposed barriers lased solely on addiction." -- FULL STORY by_Jointogether_org ----------------------------- --- '--------------- . http:/ fwa�� .fairhousing.com /index.dfm? method= ��e��s.wsplay&newsIi3 -21 iS�IF I �I•d 56902BL09Li 093IG NFJS NOUOtIadN 7,'25/2004 da0:90 '60 9-� Inc National Fair Housing Advocate Chlline Page 1 of 2 Interior aqd exterior defects will be Fixed The require retrofits Include improvements Such as ramping the front and rear steps of th apartments; adding accessible parking spaces; installing grab bars In bathrooms; lowering thermostats, medicine cabinets and closet racks to accessible heights; and expanding the amount of clear space in kitchens to allow for wheelchair maneuverability. In addition to the retrofits, The Habitat Ccripany is ,aqui. t ubmit. semdannuai :. tten repos on the Status of the accessibility retrofl's and —z modifications t„ R'cess Living. Further, The Habitat Co ^,pang ;s required to include language regarding their commitment to accessible design and construction in all future requests for funding for the development of public housing. Th settlement agreement also includes extensive monitoring by Access Li,nng of am njWre covered mu tiramily dw.e!lings tlevefeped, built, or overseen by The Habitat I ompany. The accessib e design and construction requirements of the FHAA apply to all covered multifamily dwellings of four or more units (public or private) bolt for first occupancy or or after March 13, 1991. If the building has an elevator, the Act mandates that the common areas and every unit be usable by people with disabilities. 1� there is no elevator, the common areas and all frst floor units must http:!ivr.� ^:.rairhousing.co .ndes.cfrr? method page.displav�'pagelD -3nO5 725/21014 dZ0t9O 4O 9Z Inc ST-61 SS9oZ8..O9LL Oo3IQ NdS NONO–?JdN A project of the Tennessee Fair Housing Council _ -! N at� �nag Fair Housing ' ca1e Onfine NiFHAO Horne zbcu: NF!' AO 37rums contac us ,.... ... tiro — News Archive ,!d heGC.,n = Chicago Housing Authority will pay Press 6eascs . $32 000 in damages and retrofits to settle in r acce s _..__ — Discussion' F :!7u -rs The Guest Roam Low- incorpe disabled residents of Chicago will have expanded housing choice as a result of a settlement agreement between Access Living of Chicago and the Chicago Resources Housing F uthority (CHA) along with The Habitat Company. The $325,000 Ga: i =eip ^leer Y,_,u settlement. reached in February, resolves allegations that Phase I of a new public Events housing P' �eject in Chicago was designed and constructed without accessibility for Job LisC:ras ' persons W disabilities, in violation of the accessibility provisions of the Fair Amendments Act Rehabilitation Ar_; 1973. alt ,s Housing (FHAA) or 1988 and the of Gook C:i:i; 1 spor.5or5 The apartments are part of one of Chicago's largest public housing complexes, Henry Horner Homes. The settlement agreement mandates up to $:100,000 in —Legal Research —Le cal retrofitting to remedy the inaccessible features of the property, including nine reitrofits and ten retrofits on the interior of the units. Attorney )effTaren of CE:se Oata7ase Kinoy, Toren and Geraghty and lawyers with Access Living's Civil Rights Team P`ccr�ry L1`ta "se negotiated) the settlement, which also includes $25,000 in attorneys fees and IiUO settlements . damages. .atut es a'ld i5�ii Aricles IIIIII According o Taren, no official complaint or lawsuit was filed. Access Living was able HU ;I, r ; -res to negotla the settlement prior to taking administrative action or fling a lawsuit. Access Living was also able to ensure that future public housing units meet visitability standards so that disabled visitors can get mto the housing units of public hou�ing residents. Interior aqd exterior defects will be Fixed The require retrofits Include improvements Such as ramping the front and rear steps of th apartments; adding accessible parking spaces; installing grab bars In bathrooms; lowering thermostats, medicine cabinets and closet racks to accessible heights; and expanding the amount of clear space in kitchens to allow for wheelchair maneuverability. In addition to the retrofits, The Habitat Ccripany is ,aqui. t ubmit. semdannuai :. tten repos on the Status of the accessibility retrofl's and —z modifications t„ R'cess Living. Further, The Habitat Co ^,pang ;s required to include language regarding their commitment to accessible design and construction in all future requests for funding for the development of public housing. Th settlement agreement also includes extensive monitoring by Access Li,nng of am njWre covered mu tiramily dw.e!lings tlevefeped, built, or overseen by The Habitat I ompany. The accessib e design and construction requirements of the FHAA apply to all covered multifamily dwellings of four or more units (public or private) bolt for first occupancy or or after March 13, 1991. If the building has an elevator, the Act mandates that the common areas and every unit be usable by people with disabilities. 1� there is no elevator, the common areas and all frst floor units must http:!ivr.� ^:.rairhousing.co .ndes.cfrr? method page.displav�'pagelD -3nO5 725/21014 dZ0t9O 4O 9Z Inc ST-61 SS9oZ8..O9LL Oo3IQ NdS NONO–?JdN National Fair Housing Advocate Online Page 2 of 2 1 be usable. The Rehabilitation Act requires, with respect to new public housing, that commo areas be accessible, five percent of the apartments be accessible to tenants I ith mobility disabilities and two percent be accessible to tenants with hearing or vision disabilities. public housing units are critical to persons with disabilities According to Karen Tamley: Access Living's Director or Programs, -A large percentage of persons with disabilities are low- income and need accessible, affordable housing. Because such housing is virtually nonexistent in the private sector, iow- income tenants with disabilities rely heavily on public housing. It is therefore critical that new public housing developments, like Henry Horner Homes, be built tionsistent with federal civil rights laws that ensure access." Staffed by a majority of people with disabilities, Access Living is Chicago's Center for .rdeprnc[Cnt living. Acc-css Living wca toward the `ull egoaHty, r:dusicn and emPC,.a r{}r nt of people ::i:, ", dlsabi!Wes. Pcr .more information about this cr other Access Li, mg cases, contact Gary Arnold at (312) 253 -7000. Accordin�to an April 2003 report by the National Fair Housing Alliance, 27 percent of all hou sing complaints filed in 2002 were based oo disability. HUD's Office or Fair Housing nd Equal Opportunity reoerted that it took more comolaints based on disability han any other type. ---- -- -- -- ----- -- -- -- -- - ---- -- - --- -- -- --- --- ------ hitp: /,'`iT�nv.fairhousing.com/ index. �fm ?method =page. display &pagelD -340' 7i25i2004 5T •d S690ZBL09LT 093IQ Nd5 NpN0321FiN deot90 10 9Z Inc National Fair Housing Advocafe Online Page I o£ "I am very curious as to how it was resolved, said Kale Williams, executive director of the LeadCrship Council for Metropolitan Open Communities. "I think it was a mistake th t the settlement as sealed." In a telephdne conversatbn Monday, Williams explained that the settlement is one of the largest amounts in housing bias suits, probably the largest made to a munlClDallt�. "It would b� in the top ten in size of settlements of fair housing around the country," said Williams, who spoke to Evanstonians Saturday about the need for affirmative regional marketing of housing for minorities. "I think whelre a public body is involved, it is inappropriate for it not to be public inforrnationl I Williams said. The three -year suit arose from a testing audit by the Interfaith Housing Center of the Northern �Suburbs, not from the direct complaint of a prospective renter /home buyer, Owen which h N:! l� 'r.F ^N.fai:hot:5irg.COmJi,3e... executive director of Evanston's Human Relations Commission, the fair housing ordinance, would not comment directly on the �qc1 JZ LT.d S690a6L09LT 093IQ HdS HOHOJ21dN ,7 1) 4 2004 dso:90 b0 92 Inc A project of the Tennessee Fair Housing Council i stir.. >.rc Nat�onai Fair Housing �. Y. Adv"ucate Onfi a SS}FYi -�Li i -iomt* aPio':t :`drYfF1C I iCr..ni5 .'. contac us — News Archive otd r,2,, IneS Settlement's legal costs pegged at $300,000 Press R2Vea525 Hp; r;e > News Archive > The Advocate > 5eptemiber 1592 prin[ /;dvcca;:a A.ctJC'i AlerL4 Although a federal judge sealed settlement terms Feb. 28 in the city's housing — Discussion discnmin tcn suit against Baird & Warner Inc., the city received $450,000 the same da . The Guest Roo:r. 'The 8450,000 has been deposited into the general fund," said city finance director B Bob Shcn{ — Resources Gec Help gear lo. Considered general revenue, as are fines, taxes and licenses, the money will help Evens pay for g neral services such as fire and police, he said. Job L!stinr„ Lrnks According to the office of Herbert Hill, the city's first corporate counsel, legal fees Sponsovs paid to th Chicago firm of Keck, Mahin & Cate to wage the three -year lawsuit- - amountedlto $300,000. —Legal Research - Case va::abase Baird & Warner is one of five real estate agencies charged in February 1589 with P.ecove,y Oataba =a ` violating Evanston's fair housing laws. The city pursued two of those cases, settling with Centr%ry 21 Shoreline in 1990 for $200,000. HirO Settlement:; �LaiuCes any ?es At the Evanston Neighborhood Conference Saturday a Chicago open housing l rticies advocate g6estioned the 30 -month seal on the lawsuit settlement terms, to which HU'D heGa ,cei_ the city ag6ed. "I am very curious as to how it was resolved, said Kale Williams, executive director of the LeadCrship Council for Metropolitan Open Communities. "I think it was a mistake th t the settlement as sealed." In a telephdne conversatbn Monday, Williams explained that the settlement is one of the largest amounts in housing bias suits, probably the largest made to a munlClDallt�. "It would b� in the top ten in size of settlements of fair housing around the country," said Williams, who spoke to Evanstonians Saturday about the need for affirmative regional marketing of housing for minorities. "I think whelre a public body is involved, it is inappropriate for it not to be public inforrnationl I Williams said. The three -year suit arose from a testing audit by the Interfaith Housing Center of the Northern �Suburbs, not from the direct complaint of a prospective renter /home buyer, Owen which h N:! l� 'r.F ^N.fai:hot:5irg.COmJi,3e... executive director of Evanston's Human Relations Commission, the fair housing ordinance, would not comment directly on the �qc1 JZ LT.d S690a6L09LT 093IQ HdS HOHOJ21dN ,7 1) 4 2004 dso:90 b0 92 Inc National Fair Housing Advocate Online sealed Page 2 of'-) "People' hould have the right to know, but the judge ruled on it and that's that," Thomas said. "It's a done deal." Before the case was closed, Thomas noted a nationwide problem of "treating minorities as second -class citizens." "I'm talking about job discrimination and housing discrimination," he said. "Race reliations in Evanston reed to be improved." But discrimination, he said, is not always "all black and white." Calling fdr "greater sensitivity'," Thomas said discrimination ancompasses Hispanic and otheq ethnic groups. I think t e beauty about our situation in Evanston is that historically, we have always had the wherewithal to address these issues." The co irtlseal was lifted later. The city said, "the Evanston Human Relations Commission is vigilant in its efforts to protect and enforce the rights of all individuals to equal housing opportunities. The Evanston Fair Housing Ordinance reflects t e commitment of Evanston's citizens and City Council to maintain open housing t roughout our community ". http:,i/www.fairhousing.coni/index. Ifm? Method= page. display &panelD -3452 093IQ NUS Nowooduw B1 •d S6902BL09Li 7/25/2004 db0 :90 bo 92 Inc National Fair Housing Advocate Online — News Archive C:.d Fieadlir,25 PreS'� RC'easeS kCCiCn li;eru Discussion. . ,essace °crcns The Guest Room . I i' afionai Aav cafe Page I of I A project of the Tennesseg Fair Housing Council Fair Housing Online NFHAC• -!orze j abcut NFHAO ; fcr::ms contact Us City of Sedona Settles Housing Discrimination Complaint — Resources (Tucsor C_t Help ilea' Ya.: Diana Equal) i''``r'g' Arizona Lmk:, Law (520) Sccnsors J Jken.s A cl ,VC ! T: ESS hCT °p JGS RELEASE: (Phoenix) Andrew M. Mudryk Works Fellow Director of litigation & :r for Disability Advocacy Arizona Center for Disability 47 Law (602) 274 -6237 —Legal Research CITY . F SEDONA SETTLES HOUSING DISCRIMINATION COMPLAINT Cos= Database P.ec ^ver; Oa`abase (SEDONA, Ariz., July 14, 2003) -- Recently, the City of Sedona agreed to settle a housing di crimination complaint, brought by Recovery Alternatives, Inc. and Anne HUD Set`lements Cunningham its Executive Director, both represented by the Arizona Center for Sigh c:=_s acd R•;S Disability Law (the Center). The January 2003 administrative complaint, filed with Articles the Arizonr Attorney General's Office, alleged that the City violated the Arizona Fair HUD P.esoc'Ces Housing A when its Land Development Code thwarted efforts of a group home for individuals with disabilities from operating in a Sedona residential neighborhood. Recovery A�ternatives and Ms. Cunningham sought to establish a group home deVr_'ed t help Ind; -' duals, who have ceased using g con oiled substances, recover from addi ion and begin anew. After purchasing a house in Sedona's Kachina Subdivision, all necessary state licenses, and completing significant renovation 9 on the property, the group home ran into a road block whet the City of Sedona used to permit operation until the City issued a Conditional Use Permi* (CUP). "Under the federal and state Fair Housing Acts, people who are addicted to alcohol or cbritrolled substances but who are not currently using are considered individuals lth disabilities and are protected from discrimination," stated Diana a. 'he C2 e.... bil-i ti Chcr, one r. two attorneys at � Anzor:a nt2r ,,,, Ossa a r �+ La:v (t .e Center) representing Recovery Alternatives, Inc. and Ms. Cunningham. "T,is means rr,unidpalities like Sedona can't make it more burdensome for people with disabilities t�, live in the neighborhood of their choice," explained Chen. in November 2002, the Center was contacted by Ms. Cunningham when the group home's adr1inistrators were experiencing problems with Sedona land use provisions that required group homes to obtain a CUP before operation. The City originally classified the home as a "group dwelling" subject to 'a public notification and a citizenship participation process. Therefore, according to the Sedona Land Development Code, Recovery Alternatives was required to notify all land owners within 3D0 feet of the property and endure a citizen participation process before the City would consider granting the CUP. a.w. uirho °° .g.comlirdex.dfr'rCt hod — age.disala ?'pag :I? ?29_` n Jon n y•d S69oZOLO9Li o9HIQ NdS NoNOD21HN dLS :So bo 9� Inc National Fair I lousing Advocate Online Pace 2 of 3 "Condib nal Use Permits are commonly used by municipalities to deal with property usages that are out of character for their immediate surroundings," said Andrew Mudryk,j Directo' of Litigation and Advocacy at the Center, also representing the complain nts. Mudryk further explained, "But here, Recovery Alternatives wanted to open, I home in a residentially zoned area where the residents would live as a family. So, the proposed use was consistent with the zoning. Attaching burdensome terms and conditions like the notification and public hearing requirements on group homes %,R)!ates fair housing laws. Further, the City should have waived the CUP requirem?nt as a reasonable aCCOmmodation under the FHA when asked to do so." http;, i 1} wiv.f aiYhoiisiiig. "Requiring a CUP for a group home only invites opposition from neighbors often fueled by� irrational fear of people with disabilities. That's exactly what happened here. Neighbors hbors in the Kachina Suodivision vehemently campaigned against granting fhe CUP," added Chen. By November 2002, the City, buckling under pressure from angry neighbors, had tabled cogsideration of the CUP application, delayinc operation of the group home and causing severe financial losses to Recovery Alternatives. With the Center's assistance, a charge of housing discrimination against the City of Sedona was filed with the nzcna Attorney General's Office in )anuary 2003. The charge alleged that the City flied to offer a waiver of the CUP requirement as a reasonab!e accommoyation for individuals with disabilities mandated under the state's Fair Housing AFt. It further alleged that land use provisions requiring a CUP for group homes segq�ving persons with disabilities is itself a violation of fair housing laws because it imposes more burdensome terms and conditions on persons with disabilities looking for housing. In May, all parties entered settlement negotiations, with the Arizona Civil Rights Division o the Attorney General's Office. The parties suc :essfuliy reached a settlemen on June 26, 2003, in exchange for Recovery Alternatives and Ms. Cunninaha agreeing to dismiss the complaint and relinquish their rigll to file a formal law�!t, Sedona agreed to the following; • pen taneriby post a disclaimer in Sedona City Hall which states that disc{Imination on tite basis of race, color, religion, sex, rational origin, familial status, or disability is prohibited • Cori ene a study session of its Planning Commission in consultation with the Center within 120 days of the agreement to consider revisions and amehdments to the Land Development Code and other City codes regarding placement of group homes and the City's obligation and dunes under the fedefal and state Fair Housing Acts and other laws applicable to people with • offed a Fair Housing training session to City staff working on housing issues • pure ase complainant's property intended for the group home for a sum of $38..,000.00 • pay d settlement amount of $148,334.00, which included attorneys fees and costs tc :he Center In exchangg, Anne Cunningham and Recovery Alternatives will delay actemps to open a aro p home in a Sedona residentla! neig `vorhood for one year while the City works t;o revise its Code. "We hope ne�ws of this case will incite other municipalities in Arizona to review their city or coc,nty ordinances regarding group homes for people with disaoiilties and make wharever changes are necessary to ensure that everyone gets an equa� opportunityito housing," said Chen. The Arizon Center for Disability Law provides free legal services to ensure people witp a wide range of disabilities are free from discrimination, abuse c rv, g•d S6902BL09LI 003I9 NIOS NON0021FJN dE3S S0 b0 9c Inc National Fair Housini Advocal'u Online Page 3 of and neglect, and have access to education, housing, jobs, health care, and other services. The Center assists individuals statewide through federal protection and advocacy funding along with other grants and donations. Tne Ce ter does not charge clients for is services. For furt�r info: mation or a copy ci the Complaint or Conciliation and Settlement Agreem nts, contact Diana Chen at (520) 327 -9547 or Andrew Mudryk at (602) 1 http:( /www. fairhous ink. com/index.c�r? mcthod=pagc.displav &pzigetD =3295 g d 5690�BL09L1 OJ3IG MUG "01400"W 7/25/2004 d65;SO 1'0 9Z IIC National Fair I lousine i rt ,. 4 Pie:' >'s drCrt'l� C.i, ead!I es P�c55 ReieatCE. ?rir.•t ,advocate :''�apn ;;rents Discussion f.l ?s :i9y"^ FCrril,ui .,.- -Uesl Rcom Resources G ?[ e;p Neu; YOU Links .�!ub Sponsor_ —Legal Research Case Daiaba_e Recovery Database HUD 5ettlenem.s Statctss aid R °"s Arh Lies http :i /www. Advocat Online 1 A project of the Na't i hat Fair Housing Ad'v c ate On fine NFr,AD icm,e 4 about i F'4A;; I -3r swF contact %us Pagel oft rennLssee Fair Housing Council go Dayt na Beach group home continues operation and wins $100,000 settlement after attempted shutdown The City jommission of Daytona Beach, Florida agreed in March to give up a yearlong fight against a home for recovering drug and alcohol addicts. The City will pay $100,P00 to settle a federal discrimination lawsuit. The settlement approved by commissioners includes $60,000 for attorney fees and costs. Michael Gardner, owner of the home, will split $6,000 with 10 clients. Hearthstore Foundation, a nonprofit company that operates the home, will get $34,000. jhe settlement ensures that the Peabody House, a group recovery home in a beachYde Daytona residential neighborhood, will continue to operate and help up to 1D recovering alcoholics and drug addicts simultaneously. The ComIssion's move came despite opposition from neighbors who opposed the group home and spoke out at Commission meetings over the past year. According to the Daytona Beach News - Journal, Commissioners approved the settlement on a 4 -3 vote w)th support from Mayor Bud Asher and commissioners Rick Shiver, Yvonne Sc ;rlett- Golden and Charles Cherry. Commissioners Darlene Yosdon, Mike Shallow and George Burden, opposed the settlement. Neighbors', wanted "illegal dormitory" shut down According to the News - Journal, city officials started a code enforcement action against theihonnCthat resulted in fines for operating an "i',legal dormitory" in a residential area and ordered the home to shut down. The actions were at the urging of neighbors, according to the article. The group 1 ome's operators refused to close the home and filed a federal lawsuit under the F it Housing Act and the Americans with Disabilities Ac, asserting that the City wags discriminating against the Peabody House. residents on the basis of disability, Steven Polin, an attorney with Oxford House, another group home operator, assisted Hearthstone with its lawsuit, Commission''pr Scadett- Golden told the News - Journal that the City had no alternative Jut to settle. "Do we continue spending money trying to win when we know our probabilities of winning are almost nil she asked. Commissior:er Yordon continued tcside with neighbors or the home who oppose it. "The neighborhood has made 'L aar they do.. T :✓ant to resol this, thccy °rant to rgh�," Yo,-don tcld the Nev✓s -; ,.o!. The rhetoric!against the home had been harsh as evidenced by anti - Peabody posts on therealdaytona.com web site, operated by "Citizens for Honest Government." The site accr sed the home's owner of simply viewing the home as a money - making endeavor instead of a place to helo People in recovery. The site's creator also ?method =page. di splayc&pagefD -33 87 7i25i2004 L•d 569028L0I 093IQ JiJS HOW03NUW d6S:SD bD 9? Inc National Fair Housing Advocate Online Page 2 of 2 stated, -Now call me nuts, but my definition of disabled does not extend Co someondlwho chooses to suck on a crack oioe. That is an insult to all the truly people eople out there who struggle to meet life's challenges. Lets (sic) just hope some fedeaai judge sees this for what it s...a big scam (sic).` At City Commission meetings, neighbors of the Peabody House claimed that transients and panhandlers had increased in the neighborhood since the home opened, Chat drug addicts and alcoholics were not really disabled, that the house should be moved to some other part of the City, that too many cars were parked at the house and that the "us-, generated more . sverue than cthe, , c-& homes L. the n_iahborhood. Peabody IlIcuse representatives responded that there were never more than four cars at thle home, all of which fit into the home's garaee. They pointed to the fact that there was a garden club in the neighborhood wth 250 members and heid bi- weekly m etings which caused a great number of additional cars to be parked in the neigh orhood. In grantirp a preliminary injunction to Peabody House to stop the City from shutting it down, a federal judge noted that City Commissioners had claimed that recovering addicts and alcoholics were not disabled. The judge denied that asserbon,isaying that addiction "places severe limitations on people's lives" and pointed to several other federal cases that expressed the same sentiment. The settlement agreement reached with the City resolves the claims of both parties. A cording to Patin, one of the Plaintiff's attorneys, the City agreed to treat Peabody Douse as a "single family home' as long as the home continues to follow all the regplations and codes required of such homes. Gardner Case No. The Hon $t2YEn P C--se fine City of Daytona Beach a02 -CV- 357- ORL -I9KRS (M.D. Fla.) able Patricia C. Fawcett, U.S. District.ludge n and SiMe 30 Owens, attorneys Wo. p:a:.0 �Harch 22 2002 - r t: March 19, 2003 - - - - - - - - -- - - - - - - - - - - - - - - - - - ' - - - - }:t�j':I1 �ir,,rtj:fa`irrn,isinn �n!p /;nria�r�f't„rT`1r��thnri=nan�`lienln�- �no,�,.TT1 —�2s7 A Cl S690ZBL09LT 093Ia NHS HOW03NUH d6S:S0 b0 9Z Inc National Fair Housing Advcwa ie Online Page 1 oft Secondly t)a proposed demolition of the apartment buildings would have forced many famihes of color to relocate outside the City of Fridley and reduced the overall availability of iow income housing in Fridley. SOTA stated, based on an Urban Coalition an lysis of census data, that the project would displace 5% of Fdd(ey's people of color. The demolition of the apartment buildings without adequate relocation assistance was board to further segregate the population of Fridley, by forcing people of col or and other protected class persons out of the City.. ire tenants` were represented by the Legal Aid Society of viinneapohs Hou�irg DiscriminaUgn Law Project, Dorsey & Whitney, and other private attorneys. Thomas J. White, a olunteer attorney from the law firm of Klein & White, who worked on the case, cited the unity of the SOTA residents, assistance of volunteer attorneys and the willti guess of Fridley public officials to come to the table for serious negotiations as reasons for the relatively quick resolution of the dispute. http:;icvww.fairhousing.com/ index Ifm?method= page.display &pagzII )= =3152 7/25/2004 003IQ wus NON007JdN d00,90 b0 9Z InC 6•d 9690Z8L09Lt A project of the Tennessee Fair Housing Council m Nat anal Fait, Housing = 9� Advocate Online I'd Ft'13y1 r`. ome, I aUo Lt I:: HAO coma[ us on — iSe«:s Arc ive ey Tenants and City Settle Discrimination and Relocation Claims For $400,000 — Discussion . M,- c Forll = -> Tenants i a complex in Fridley, MN, slated for demolition to make way for new The Guest Poor.-, housing ave settled their claims under the Fair Housing Act, the Minnesota Hunan Rights Ac , and laws on relocation benefits. — Resources i Naas' You Tenants Ileged that their buildings were targeted for demolition because of their E,7e, is race, fam lial status, and receipt of public assistance. After weeks of intensive J; c. ; ;sp „r„ negotations between the Sylvan Oaks Tenants Association (SOTA), the City of Links Fridley, HRA officials, and their attomeys, a settlement was reached in June. Under Soo, Club the terms of the settlement, the City and HRA deny any liability or intent to Sucrsors dlscrimin 'te against SOTA members, but have paid approximately $400,000 in relocation payments and atto mays fees and have agreed to enact a fair housing ordinance for the City. The City also agreed not to require any local residency —Legal Research preferenc for subsidized housing in Fridley, and to amend the City's housing plan to take in account the needs of low -i ncome tenants. Re.overy Datcb'asc Glenn D. Oliver, lead attorney for the case with the Housing Discrimination Law HUD Scttlemes *s - Project said: "The thirty plus clients we represent now have the means to make ,.. �.- ., ,,.�_ and a._. _.: n .e s real choic about where they want to live. Some of them are now building homes r,r :iC' :AS in Fridley, ile others have chosen to relocate in areas outside of Fridley. At the - a,es urces 4wh same time we believe that the City of Fridley and its HRA in Fridley understand that they cannot undertake redevelopment policies without considering the needs of the disp aced famil !as.” Oliver poin ed out that SOTA's complaint, which was never Filed in Court, hinged on two facto . One, there were Statements by public officials which indicated that condemning SOTA members' at buildings and redeveloping the area (using tax mcremlent financing) was intended to displace the tenants because of their socio- economic status. (Half were people of color, half receive public assistance of some form nd two thirds of the households contained families with children, all protected c assific ations under Federal and /or State anti - discrimination law.) Secondly t)a proposed demolition of the apartment buildings would have forced many famihes of color to relocate outside the City of Fridley and reduced the overall availability of iow income housing in Fridley. SOTA stated, based on an Urban Coalition an lysis of census data, that the project would displace 5% of Fdd(ey's people of color. The demolition of the apartment buildings without adequate relocation assistance was board to further segregate the population of Fridley, by forcing people of col or and other protected class persons out of the City.. ire tenants` were represented by the Legal Aid Society of viinneapohs Hou�irg DiscriminaUgn Law Project, Dorsey & Whitney, and other private attorneys. Thomas J. White, a olunteer attorney from the law firm of Klein & White, who worked on the case, cited the unity of the SOTA residents, assistance of volunteer attorneys and the willti guess of Fridley public officials to come to the table for serious negotiations as reasons for the relatively quick resolution of the dispute. http:;icvww.fairhousing.com/ index Ifm?method= page.display &pagzII )= =3152 7/25/2004 003IQ wus NON007JdN d00,90 b0 9Z InC 6•d 9690Z8L09Lt National Fair Housiriu, Advocate Ii Online Pa2c 2 of 2 the residp that theybelieved that the project was permissible under the law and that the project was a grouphome, not a nursino home. The residents continued to express their strong opposition tothe project, later that month, the City ordered the construction crews to stop work on thegroup home and revoked the building permits iy had granted. National Fair Housing Advoccr Online Nevis Archive Glr; ^ie2d�'^.c5 Pres!v Risleasiss ACi: r.n A;eru, Discussion 'riessace Fc The Guest Room Resources Evert, Jco Ll.-"c Ics mks SDcnsCrs —Legal Research Case Data Casa 110D Se +cVemenr, Slatu.?5 i ^u nC^ A!t.C'Br, Paee I of 2 A project of the Tennessee Fair Housing Council Nabio nai Fair Housing eu1C Advocate Oniine Stu :r :S : :t ._! :• NF-HAO ome about ?8dH.aD I'crums r,•. i :: ,x; +arc�tl.ea :gin contact ins Judge orders city to pay $192,000 to Missouri group home operators in zoning dispute In September, United States District Judge George F. Gunn, Jr. ordered the city of CreveCoeur, Missouri to pay $ 192,788 to the developers or a group home for persons withAlzheimer's Disease. The Court also ordered the city to issue building permits toll thedevelopers so the group home could be completed. In June 1995, CURA, Inc. opened Masonivanor, a group home for persons with Alzheimer's Disease, in an unincorporated part or SC.Louis County, Missouri. Soon after the facility opened, the part of the county where thehome was built was annexed ti the city of Crave Coeur. CURA planned to build another grouphome in the Crave �oeur area because there 'mere many people on the waiting list to getlnto Mason Maqor. In September 1995, CURA purchased a home in a Creve Coeur residential neighborhood andplanned to convert it into a group home. Later that month, CURA applied to the city forseveral construcULr permits. On October a, 1995, Timothy Dolan, president of CURA, metwith Crave Coeur's director of Community Development, Randal Garner. Garner told Dolantnat me city 's legal department was checking tc see if it could bo" the group homebased on an earlier ;.curt decslon. CURA created a separate, nor, -profit corporation to Inl-Oa'te itself frofnthe earller tour[ decis ion, which held that cities could block the construction of grouphomes in residential areas if they were "for profit" ventures. CURA assured theCrty Attorney that the new home would be a non - profit operation. This assurance seemcci s"; the City, whoh 1 .rued several conslo-ect:o^ permit .n October and Novembe, 1995. City revokes permits after neighbors voice concerns In December 1995, re idents near the new group home learned of CURA's plan,. G "4ich' Mc ;l tG b I.. yccn`ac ed ar ner ant Adrrmms,ratcr `o-, Creve CMUr. The:�2ighbC ::armed that ^.ey had been ;o'.d •.hat the Lome ::a5 being modified fora singlefamily from another town. The neighbors said that they did not want a 'ra:gingheme" operating in a residential area. The ieight)ors complained that ther prbpertyvalues would be driven down and that trere would be additional traffic in thelroeighber'he" if the project was all ^wed to proceed. According to testimony, none or theneighbors ever specifically objected to having disabled persons live g rn theirneighborhood. On December 11, 1995, the Creve Coeur City Council held a regularly schedulej meeting.Many residento of the neighborhood where -,he group home •Nas being built attended themeeting. They expressed ;heir concerns about the group home and the adverse effects twould have on their neighborhood. The City Council explained to in,A- V r„ °mcllhoctpai, - .display&page'D =?053 71 ;mac ;��14 g d 969021BL e9 US2IQ W65 "01,1006" dLS:SO t.0 9Z Inc w 9 WIS A O o �J N � � H z O � o ai a V o�o w m 0 Oo o a o E W z o � W a a z w x Hrn H o Ci oO o � F z z tt z Q o P� H w !� � a �z 0 z z a G x U o H = � W 4 L) a� w � w Z H a y qq a a z H a > z ' rn H 4 o � H W �z co y it F z z tt z Q o P� H w !� � a �z 0 Q 5 tt1 Tf t r a, a 0 z 0 A. a b z w 00 4 a� � 3 off 3 > z ' ga w � c7I a 'o 5 � v c�AM Q 5 tt1 Tf t r a, a 0 z 0 A. a b -l'imotht Rilev .Fn 61.1 I \e,\ port Bkd. P. ll, Bi,\ Co$ Ne�cport Beach, CA 4_6;� -5u t: NEWPORT BEACH FIRE DEPARTMENT November 25, 2003 Dr. Linda Orozco 1805 West Balboa Boulevard Newport Beach, CA 92660 Re: 1810 West Ocean Front and 1811 West Balboa Boulevard Dear Dr. Orozco, Thank you for your letters dated October 22, 2003, and October 27, 2003, regarding occupancy load and licensing concerns for the subject addresses. On October 30, 2003, an inspection was conducted by Fire Prevention Staff at 1810 West Ocean Front, as required by the California Department of Alcohol and Drug Programs (CDADP). As a result of the inspection, and the maximum occupant load listed on the Certificate of Occupancy, a fire clearance has been granted to Narconon Southern California Inc., for the address of 1810 West Ocean Front with the following conditions: L The previous ambulatot a aci of 32 Dersons shall be amended to a total ambulatory eapaci tlllof 27 persons, which includes staff and clients. 2. The facility shall be available for inspection at any time a request is made by „ a member of the Newport Beach Fire Department. The CDADP has been notified of the above required conditions. Fire Prevention Staff will continue to conduct inspections, as required by the California Department of Alcohol and Drug Programs, to ensure compliance with the conditions as listed above. On November 20, 2003, a letter was mailed to the CDADP requesting; an inspection at 181 l West Balboa Boulevard. The letter states that we have been advised of a location in the City that may be operating as an Alcohol and Drug Recovery facility without a license and have requested a report back regarding their investigative findings. Alcohol and Drug Programs facilities are required by the licensing agency to meet specific criteria. As requested by the licensing agency, the Newport Beach Fire Department conducts inspections and reports on the findings. The licensing agency for these types of facilities is the State of California, Department of Alcohol and Drug Programs. They are the only agency that can revoke or issue a license for operations for these types of facilities. We appreciate the opportunity to serve you. If you have any questions or concerns, please call the Fire Prevention Division at (949) 644 -3106. Sincere Dennis Lockard Fire Marshal FRX NO. I,c. 23111; L 1 11 -,i4w392243 MIMIC 1:1161,9111111 vou %irin, mipmomw PjzQuw wr TV. Asslaw *49ftert of AWW & Oft* PmMm MAU 111131 15 'V M.111 lo I,nta r. Bit 1700 K ft3K TM FIM •1. 10 II lip "Ih 11 -1:r ! cy[ffil. yh . W14,411'.1 1' f;AMtl Alit pAlim WPM I ro"f i� 1 NCt.UC*.S STAFF AMb CLIENTS. toMb'13CM AT FUs RIVEST ANjYTI1J1-,, -5"LL-K CITY OF NEWPORT BEACH FIRE DEPARTMENT Iou f IRA I morw.-A tt'Irm ,4 04111 ,'ND F'.0. BOX 1768 2 F 19 -4 u(imum utV ,,A41iit lit HE V/PORT BEACH. CA 92658.891h 111j:114114, C12; u s-rAF; AND CL MKT-S. 113,51PI-XT)04S 644ALI- BE CbMh1JMb A-r Fb'S REVES'f F6 C�F 17V E D '�� --- -- ---I DEVAMt-,"L-, State of California Department of Alcohol and Drug Programs License and Certification In accordance with applicable provisions of the Health and Safety Code of California and its rules and regulations, and standards, the Department of Alcohol and Drug Programs hereby licenses and certifies: NARCONON SOUTHERN CALIFORNIA to operate and maintain an adult residential alcohol and /or drug abuse/ recovery or treatment facility using the following name and location: NARCONON SOUTHERN CALIFORNIA, INC. 1810 WEST OCEAN FRONT NEWPORT BEACH, CALIFORNIA 92663 This license and certification extends to the following services. INDIVIDUAL SESSIONS; RECOVERY OR TREATMENT PLANNING; GROUP SESSIONS; AND EDUCATIONAL SESSIONS Limitations or conditions are listed as follows: Treatment/Recovery Capacity: 27' MALES AND FEMALES TOTAL TREATMENT CAPACITY OF TWENTY -SEVEN (27) EFFECTIVE 1013012003 Effective Date 0310112002 Expiration Date 0212912004 License /Certification Number: 300077AN Aut rized Representative ,egarding services provided in this facility should be directed to: Complaint Coordinator, Residential and Outpatient Programs Compliance Branch 1700 K Street, Sacramento, CA 95814 -4037 (916) 322 -2911 FAX (916) 322.2658 E -mail; LCBcomp@2ga .state. ca. us Post in a prominent location. This License is not transferable F 2 E as c r 0 t U V Q. 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R •O O) � LL Er 7 L a� m DO � L � s o d O /J o 'J �ay O 3 m m C 0 0 1 S ° SS 0 o Q CL 9 W O o p 1 W C R ai 0 co Esc z U) S1S � aJ 6 � � 1 ° � �9T a pro a m m V od �o�as gg t� d o CL � W 9fz R LC'� s d j s P W j _ VI P O j0 -a r � 1� GoC ai E L L @ O C m co 0 U 0 a °- 0 E t m N CD 0 � O co N a) N N C 3 E m 0 n. a C Z w O QQ 0 U 0 V LL N ~ N Nw @ U z a Z O vQL? � Lu € �Za o � LU N tn L O LL E LL p� O 0 V J a U U) f�J1 Q LL z a Di c a � ° i- 0 _.. r LL V a l 1 v 1w, I.L W? •+ 07 0 C ?` J ° CC i C � o ~ Q � m J w o 4) tm 0 ? `n wm 1� • _� 0 0 o w o m E E C3 C y �� L o ° a Y T tea° w o d o a o p 4 0 o CL LU C �� a 00 1 m mo Z J a i 1 p J I(i t RI�t f ^•� 0- �• �•R o� 9 to all _ N c T � 00 E .Ddb �f � Z•xo ��SQ - 2 � "p C4- ��, c a pry d- m IIA�, f� �pg,wa�A2P� 33 p o Q lye � <06 w 0 I May 21, 2001 Fire Marshall Dennis Lockhard City of Newport Beach COMPLAINT This letter is a formal complaint for violation of the Certificate of OcctUpancy and Fire Clearance in the residential property located at: 1810 West Oceanfront, Newport Beach (949) 675 -8988 On this RESIDENTIAL property, a multi - million dollar a year business (Narconon) is operating with a City Business license classified as a'Specialty Hospital'. This business is also licensed by the California Department of Alcohol and Drug Programs (ADP) as a Residential Treatment Center. This is on a residentially -zoned property. The Certificate of Occupancy on file with the city of Newport Beach requires a maximum occupant load of 9 persons per each of the three floors 27 TOTAL lincluding staff and patients]. This is being violated. NATURE OF THE BUSINESS This business does not simply house patients. This business provides comprehensive programs ON SITE including counseling sessions, detoxification, recovery and treatment planning, group sessions, educational sessions, and other services. This requires STAFF. In addition, this business requires staff for food services /preparation, supervision, office and reception, business /records, accounting, and housekeeping /maintenance. By their own verbal marketing on the telephone with Dr. Orozco on October 9, 2003, they claimed 32 residential beds for patients AND 34 staff. They boast a one -to -one counseling process for patients [on the telephone and on their websitel. VIOLATION OF OCCUPANCY/FIRE CLEARANCE In November 2003 you notified the California Department of Alcohol and Drug Programs (ADP), of the correct occupancy of 27 persons (staff and patients). Contrary to the Certificate of Occupancy and Fire Clearance, ADP and Narconon have authorized 27 total PATIENT beds —not counting staff in this total. Attached are documents verifying ADP and Narconon's placement of 27 beds for patients only. It is a requirement of a Residential Treatment Center to provide all services by employees ON SITE. Attached is the current list of STAFF employed by this business. This "Facility Staffing Data Sheet' is the official staffing document from Narconon to ADP. It includes such positions as Withdrawl Specialist, Senior Director for Production. Registrar, Administrator Assistant, Course Supervisor, Receptionist, Sauna In- Charge Coordinator, Building Maintenance, Ethics Officer, and the list goes on and on. The basement of this triplex property (four floors) is used for office space for employees, telephones, copy and fax machines, computers, etc. f According to ADP documents, the largest room in the basement should be a 'recreation room' for patients- however, it instead houses the main office of this multi - million dollar business.1 Special note- with claims of a one -to- one counseling process, there is not a single 'counselor' listed on the Staffing sheets'? Total employees = 29 persons. Also, verified by the `Facility Staffing Data Sheet' from ADP - EACH of employees work FULL TIME, 160 hrs. per month, in this facility. So, with the 27 ADP has allowed for patients to LIVE on the property, and 29 staff members working there FULL TIME -- -this means there is a total of 56 PERSONS on the property on a daily basis. (Again, it begs the question- where are the counselors in this total ?) This BUSINESS is operating with more than DOUBLE the limit in the Occupancy Certificate and Fire Clearance. The Certificate of Occupancy and current Fire Clearance (both attached) FOR 27 PERSONS (total staff and clients) is being VIOLATED. In addition, we are providing a videotape documenting two additional disturbing facts. First, vans are being used to bring individuals to the property early morning (8:45am) and taking them off the property at night (8:45pm). Are these individuals in ADDITION to the already existing 27 patients and 29 staff? Who's responsibility is it to find out? Finally, the video also demonstrates that additional individuals are coming to this location by crossing the alleyway from a second property at 1811 W. Balboa Blvd. This second property leased by Narconon contains 18 additional beds. With these MULTIPLE METHODS for bringing more clients to the property, it is difficult to estimate just how far OVER (Occupancy and Fire Clearance) Narconon is running this BUSINESS. We find this a repeated and flagrant abuse of the Occupancy and Fire Clearance defined by the Fire Marshall. This business, Narconon, has been in violation of Occupancy at least twice before. Most recently, October 22, 2003, a complaint was filed with your office. Within hours of the complaint being filed in your office. Narconon was observed removing patients; and beds were being broken down and moved to the property across the alley and in trucks. When an ADP inspector arrived four hours after the complaint was filed, she found beds in the truck, but no excess beds IN the property. However, a homeowner and resident in the neighborhood took pictures and can verify comments made by Narconon staff /patients and activities witnessed. Also, in January 2000, ADP records indicate Narconon was violating total beds with 37 beds in the property. The Certificate of Occupancy and Fire Safety Clearance provide requirements to assure safety of all individuals on the property and those in the immediate neighborhood. We seek your leadership and authority to establish compliance by this business operation. Thank you for your prompt investigation and resolution into this complaint. r. Orozco 1805 W. Balboa Blvd. Attached: NB City Certificate of Occupancy & Fire Safety Clearance ADP License and Certification ADP Staffing List for Narconon & Job Descriptions Sheets Copy of violation of Occupancy Citation (ADP)- 2000 Videotape cc. Law Offices of Pillsbury Winthrop Rebecca Lira, Deputy Director, California Department of Alcohol & Drug Programs Neighborhood Coalition 1;:nuar% 30.'_ U4 TO: Timothy Riley, Fire Chief -City of Newport Beach Homer Bludau, City Manager -City of Newport Beach SUBJECT; Drug & Alcohol Rehab Business on Residential Property- Zoning Code Violations This letter, delivered via certified mail to the Fire Chief and City Manager, formally and legally notifies the City of violations of the City Zoning Code. To date, prior letters of complaint sent by numerous residents have resulted in no action. This letter serves as au official and legal request for immediate enforcement of the Newport Beach City Zoning Code. and declaration of nuisance & abatement. Specific issues and 'Zoning Code citations follow. Li a letter received loom Fire ivIaeshall Dcnnk L,x'kard dated Noyember'S. 1(X13 he suucd. '...a Irrr cicirince h a s been granted In Narcnnon Southern California Inc.. (or the address of In lOIV. Ocean Fn +nt \kith the fo ik m ing conditions: 1. The prey ious ambulatory capacih of 32 persons shall be amended to a total amhulatrrn capac % of 27 persons. «hick includes stall wrd clients ° - Nareonon. Inc. ( IX 10 W. Oceanhrom) is a Dru L, and A enhol Rchabditulinn Btumess o renting in a residential propene /distriil. It is defined in citN code as a `Residential Care, Gencril' business. "'rWCnte - low -hnnr nnn- mcdical care for seven or mane Ixrsons, including \\ aids of the3u\rnilC c imrt, in need of pCisonal scrn ices, supen isinn, protection. or assistance csscnliat (or sustaining the ucli\ ities of daily tieing. Thi, clats.ificatinn include, only those services and facilities licensed by the State of Caldorma.` (NB Zoning Gerdy 20. 05.( 1401 ,USE PERMIT' REQUIRED FOR 'RESIDENTIAL CARE, GENERAL' NB Zoning Code _0.10.0 -10 - Requires a 'Use Permit for'Rcsidcntiad ('at(,. General' facilities. rN:ucov nt ha., never been issued a Use Permit. Gale 20. 10.010 details the specific proposes .d a UNC Permit inchrdinpt, "... protect residents from harmful diced., of cyCiSS1\ c notes, population density, traftic cungeetinn, and other ads cove em irnnmcnwl effects." The City Zoning Code requires that the cop conduct a through cm ironmental a.nd residoinal impact rca icae, public hearing, and .secure apprnaal h\ ill(- Cit.} PlanninE CommKston fix these facilities. This has not been done. FIRE CLEARANCE' APPROVED WITHOUT USE PERMIT' Narconon dues' not have the requi(cd sit\ Usc Permit ii +r operation. Whv did the Pirc Dcpt. issue a I'i re , Ic :lice last nionth for this lactlii\ in operate as itho ut the required cite Lisc Permit'! VIOLATION OF 'OFF-STREET PARKING' NB Zoning lisle 211.66.031 r - Allows only three beds per are off-street parking space for 'Rcsidenwd Care. Generd' facilities. The Narconon facility at 13UI W. CXcan Front only' coivains 3 oil- street parking spaces. The maximum bed capacity of this facility is v lids. NOT the 27 beds pei nrtted by Fire Marshadl-s amended total on Nucember 2S. 2t9t3. Why did the City Fur Department issue a Fire Clearance and amended capacity fir 27? And }a hN bats the city allowed Narconon to operate ayith 27 -45 beds fin' %cats, m hen the mayinrunt should be 'd" `CERTIFICATE OF OCCUPANCY /C.APACIT1" WITHOUT •USE PERMMIT' NB Zoning Codc 20CA,015 - No Certificate of Occupancy maN be issued ayithnut a tisC PCinut. Again, Narennon holds no cite Use Permit, but dies have a Certificate (it Occupancy. Why has occupancv'capacitN been issued /amended to ithout a required cite Use Pei ut'' "No ccrtilicate 1.11 occupancy shall be issued in am case as here a use permit or a ariance is required bN the terms of this code unless and until such use pernut or \:ounce has been granted ba the Planning Director or the Planning Contrmssion or by the allimuauvc N'trte •A the City Council on appeal or review and then only in accordance kith the terra., and conditions of the use permit of variance giantcd.- •CITY BUSINESS LICENSE' ISSUED WITHOUT `USE PERMIT' 'File city' of Ncayport f3cach has annuallN issued a Cih_' Business License w Narcono n Inc mention as a 'Specialty Hospital' at 1510 W, Occan Front avithout a required Usc Permit. This a iulates Code 20. In,020. A-spe_ialIN- ho_pf(al in a aLsidcntial pr(3pcnti' tk ithout a Use Ycrn)rt? NARC'ONON LEASES ADDI'T'IONAL RESIDENTIAL PROPERTY WITHOUT LSE PERMIT, BUSINFSS LfCF.NSF,. CERTIFICATE OF OCCUPANCY, FIRE CLEARANCE NOR STATE LICENSE Naicorn:n has expanded their business into an additional residential pn+p n-v at 1811 W. Baltxra Bhd. - ,wioss the alley from their original location of 1810 W. Corm Front. Prior letters of complaint regarding this illegal expansion isere lomaided to the Fire Marshall on October 27, 2101, and LO the City Assisrmt Managerand Planning Dcpartnucnt Dirc-(t,n or Octf,bci 23 '-(X)3. evidence lsaNailable upon request, including it letter front the mN net of this additional residential propertN i cril*N ing his rcmal icasing to N:u-conon. fattachcdj� v�Thcic is NO CitN Usc Permit -.— — . .—I on file for this additiotril address- (Code 10.91.015) vl here is N0.Ca)LR LisinCss License on file lot- this addifional address- and i 'Use Perfait' Nkould be requited to issue a Bmsincse License. (Zonino, Code 20.Qk0I5) There is NO Certificate of Occupamy on life I,)] this additional addlesx- and it 'Use Pci-ruo' NNould be required to issue such a Certil icate. (Zoning Ct idc 20.9 1.01 vj There is NO Fire CjLeuran(c on File for this additional address- and a 'Use Pcnmt' would 1V required to issue such a Cicarrncc. (Zoning Code 20.91.(05) N/ There is NC SratL clise in I ile for this additional property to operate as p:ii*t of Naic(,p L _Li�c -on. 'EXPANSION' TRIGGERS REQUIREMENT FOR IMMEDIATE USE PERMIT APPLICATION BY NARCONON The 'expansion' by Narconon into an additional residential properivat ISI I W. Balboa BINd. is in violation of Zoning Code 20-91,055. This city zoning code requir" Narconon to now secure a Use Permit since the\ hat e c\parided sen ices that v.ould require an original use permit. "A ... change to plans that would affect a condition of approval, shall be treated :Ls a new application.` in addition. "A use normally permitted by right or by the approval of a use permit, but which is lloncollG,rmin& by virtue of the ncquir. d conditions of the district in NN hich it is kvalcd. may be expanded, incre:tsed or intensified by NN av of a change in operational characteristics upon the approval of it usepci-mut." This Zoning Code requires :or application fora Use Permit he required of Narconon i minedlatel N STATE LICENSING FROM ADP For Narconon to deliN erseyvices as a drug/alcohol treatment center theN were state- licensed from the Calilorria Department of Alcohol :rod Drug Programs (ADP). This state license DOES NOT eliminate nor supciceac local city zoning code. The state licensing agency. ADP- is required to honor local city zoning cosies, business fice-ise requirements, and fire department clearances & occupancy requirements. Quote from ADP document: "L cal ,,fi-icials:ireiiiN(,INediflionlilgofpjoy)crt.Nl'or(-�,n)nier(.iu'iaiidresidenti:tluseanLiissu:tiit-col'usepenilitsull,I business licenses.- The citv of In ine is an excellent exam - 7� nifu! Codes, example enCorcenient of identical Cite 1] Dltingin. NO_ t(--sidentiallN,-baseLlDrL]-L -ohol Treatment Centers in Ir,. ne- FORMAL REQUEST - IMMEDIATE ENFORCEMENT OF CITY ZONING CODE On behalt i,f the residents/pioperty owners in the neighborhood of this Narconon facility, I requested the inlm•edlate ent - orcenient of the city Zoning Code. "All c1cpairmcms, officials and public erriploN ces - ol'the City of Newport Beach, N ested with the duty or authority to issue permits or licenses shall conform to the provisions ol'this code and shall issue no permit or license for us", buildings or purposes in conflict kith the proN isions :,f this code: and anv such permit or license issued in conflict o ith the pn,y isions of this code shall be unit and N oid.- 120.90.0 101 FORMAL REQUEST • DECLARATION OF NUISANCE & ABATEMENT Firrill ' \ . the City Zoning Code provides for a 'Declaration of Nuisance: Abatement'. "Any' building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained conLrarN to the provisions of this (ode, and afly Use of any land, building or premises cNtablkhed, conducted, operate([ of maintained contrary to the provision of this code. shall be and the s�me is hereby declared to IV UnIaNN fill and a public nursancc, and the City Attorney shall, upon order of the City Council. immediately commence action (it prt K:cedings for the abatement and removal..," [City Zoning Code' :20-96,0301 This letter formally and legally notifies the City of violations of the City Zoning Code. To date, prior letlers of complaint sent by numerous residents have resulted in no action. This letters serves as an official and legal request for immediate enforcement of the Newport Beach City Zoning Code, and declaration of nuisance & abatement. suiccrt.-IN . Dr. Linda Orwco 18f 15 W. Balboa BIN cf. - Nett port Beach, CA 92603 949-673-5-416 cc. Properi - N oNN tiers• iicighlbon. related agencies & organizations. & press City Council members C folicc ('life( C Planning Commission mcirilwi, Attached: Letter v critN in,, Narconon leow of 1'a lesidentiul p[oPert) at 1810 W B:IILX)3 BIN d. JanuarN 30. 2(X" TO: Timothy Rile v, Fire Chief -City of Newport Beach Homer Bludau. City Manager -City of Newport Beach SUBJECT! Drug & Alcohol Rehab Business on Residential Property - Zoning Code Violations This letter, delivered via certified mail to the Fire Chief and City Manager, formally and legally notifies the City of violations of the City Zoning Code. To date, prior letters of complaint sent by numerous residents have resulted in no action. This letter serves as an official and legal request for immediate enforcement of the Newport Beach City Zoning Code, and declaration of nuisance & abatement. Specific issues and Zoning Code citations follow. In a letter received from Fire Marshall Dennis Loekard dated November °5. 2(03 he stated. '...a fire clearutce has been granted to Narconon Southern California Inc., for the address of I810 W. Ocean Front i. tth the foffcm ing conditions: I. The pie% ious ambulaton capacity of 32 persons shall be amended to a total ambulatory capacity of'_'7 persons, iihich includes staff and clients." Nareanon. [ac. ( IS W W. OceaaFruntj is a Drug and Alcohol Rehabilitation Business operating in a residential pmpertyrdistrict. It is defined in cif% attic as a 'Residential Care. General' business. " Twenty- four -hour non- medical c:ue for sct en or more persons. including ii ards of the juvenile court. in need of personal services, supervision, protection_ or assistance essential for sustaining the actii itics of Jail% living. This classification includes only those sen ices and facilities licensed by the State of Califinnia.` BNB Zoning Code 20.05.(W )l *USE PERMIT' REQUIRED FOR *RESIDENTIAL CARE, GENERAL' NB Zoning Code _O.10.Q_0 - Requires a 'Use Petnu[' for 'Residential Care, General- iacihtres. Narconon has never been issued a Use Permit. Cole _20. lO.OlO details the specif is purposes of u L'se Permit ittciudittg, protect residents from harmful effects of c.ccessive noise. population density , traffic congestion, acid other adverse environmental efieets." The City Zoning Cx1e requires that the city conduct a through ermtonmental and residential impact rci ic%%. public hearing, and secure approval by the Cite Planning Commission for these facilities. This has not been dome. FIRE CLEARANCE' APPROVED WITHOUT iUSE PERMIT' Narconon does not have the reouircO. city Use Permit for operation, Why did the Fire Dept. issue a tire clearance last month for this f'ucility to operate without the required city Use Permit.' VIOLATION OF *OFF-STREET PARKING' NB Zoning Code 20.66,03(1 - Alloii s only three beds per one off -street parking space for 'Residential Care. General' facilities. The Narcunon facility' at 1910 W. Ocean Front only contains 3 off - street parking spaces. The maximum bed capacity of this facilm is y beds, NOT the 17 beds permitted by Fire Marshall's amended total on November 1-5, 2()3, Why did the City Fire Department issue a Fire Clearance and amended capucity for _7? And ik by has the city afo%%cd Narconon to operate ii ilh _7 -45 beds for %c'ms, ik hen the nraimum should be 9? *CERTIFICATE OF OCCUPANCY /CAPACITY" WITHOUT *USE PERMIT' NB Zoning Code 20,9 L015 - No Certificate of Occupancy stay' be issued ii ithout a tse Permit. Avcnn, ,Narconon holds no city Use Permit, but does have a Certificate of Occupancy. W'hy has, wcupanc%, capaci tv been issucd!amended ii ithout a required coy' Use Permit? "No certificate of occupa ici shall be issued in any case ii here a use permit or variance is required by the terms of this axle unless and until such use permit or i ariancc has been granted by the Planning Director (,I the Planning Commission or bi the affirmutii c i ore of the Ctt Council on appeal or review and then only in accordance with the terms and conditions of the use permit of i at iancc granted" *CITY BUSINESS LICENSE' ISSUED WITHOUT iUSE PERMIT' The city of Newport Beach has annually issued a City Business License to Narconon for operation as a 'Spcci:dty Hospital at IS 10 W. Ocean Front without a required Use Permit. This i iolates Code _10, 10.020, A-�jMmlt% hosoifal in a residential prcpert%' it_ithuut a Use Permit'? NARCONON LEASES ADDITIONAL RESIDENTIAL. PROPERTY WITHOUT USE PERMIT, BUSINESS LICENSE, CERTIFICATE OF OCCUPANCY, FIRE CLEARANCE, NOR STATE LICENSE :Narconon has expanded their business into an additional residential property at I811 W. Balboa Bf%J. - across the alley front their original fixation of 1510 W. Ocean Front. Prior letters of complaint regarding this illegal expansion ii ere forwarded to the Fire Marshall on October 27, 2(X)3, and to the City Assistant :ilunagcr and Planning Department Director on October 23, 2W3. Sr�,ndicurne% idenceis mailable upon request. Includin It' aletter lion s the o%cner of this additional residential property ccrdN ing his renta l leasing to Narc onon. lan achedI N/ There is NO Cit}- Usc Permit on file for this additional address. (Code 3i i.9i.i il5i N, There is NO Cit\ Busine_s._ Lie cnnse o jn life Gx this additional addr".,; -:tad a't c Permit' tcould be required to issue a Business License. (Zoning Code 20.u1.015) \,'There is NO Certificate of Cccuo:mt on File for this additional address- and a 'Use Permit' %could be required to issue such a Certificate. (Zoning Code 20.91.015) J Titer is NO f }re Clearance on file ti or this additional addres, and a'Usc Pcntui would be required to issuc such a Clearance, (Zoning Code 20.91.015) There K NO State License on tile, for this additional proper\ to operate as part of Naiconon. 'EXPANSION' TRIGGERS REQUIREMENT FOR IMMEDIATE USE PERMIT APPLICATION BY N.ARCONON The 'c\pansion' b\ Narconon into an addutunat residential propertN at flit t W, f3alMoa Btrd. is ut %iolaiiutt of Zoning Code 20.91.055. This cit\ iamng Conic requires Narconon to nun secure a Use Permit since the% hu%c expanded scn ices that %could require an origutal use permit. "A ... change to plans that could atlect a condition of appimaL shall be treated as a nco application.- In addition,' A use nurmalh permitted bN right of by the appio\al of a use perrttit, but \chich is noncontointing b\' \irtue of the required conditions of the district in \%htch it is located. ma% be expanded, mereased or intensified by %%.aN, of a change in operational characteristics upon the appim ai of a use permit." This Zoning Conte requires an application lior a Use Permit be required of Niarconon immedumelN. STATE LICENSING FROM ADP For;Nareonun to deiiccrsen ices as a drug /alcohol trffiment center the\ %cerr .rate- licensed Irnm the Calilornia Department of Alcohol and Drug Programs (ADP). This state license DOES N'OT chromate nor supciccdc local cm toning code. 'rite s(atc licensing agcnc\, ADP. %a rcquned to honor local cit\ /omng codca, busmcss license icquncnients, and fire department clearances & occupanc\ requirements. Quote front ADP document: `Laocul of facials are ins ol\ cd in r.oning of piopern. for commercial and residential use and issuance of use perutits and business licenses." The cin of In ine is an excellent example of enforcement of identical Clt%._Zoninf! C odc >, resulting in �,S- Q,residential(} -baacd DrUgtAl�:�ohyl Treatment Center,; to In Inc. FORMAL REQUEST - IMMEDIATE ENFORCEMENT OF CITY ZONING CODE On behalf of the residents /propert\' om ner+ in the acighb orhox)d of thin Narconun tacihtx, I requested the immediate enforcement of the city Zoning Code. "Ail departments, officials and public eniplo%ccs of the City of Ncn poit Beach. \csted %%tth the Jut\ or authont\ to issue permits or licenses shall conlurm to the piox kio ns of this code and .shall issue no permit or license for uses, buildings or purposes in conflict %% ith the pro\ isions of this Code: and an\ such permit or I%cense issued in contliet with the pro\ismns 0 this code shalt be null mid %wd." { 2(1 }X,.0101 FORMAL REQUEST • DECLARATION OF NUISANCE 8e, ABATEMENT FiriallN, the C'itx Zoning Code pi'o\ ides tior a 'Declaration of Nuisance; Abatcutrni. -Ant building or.strucmre sc( up, erected, constructed, altered, enlarged, comerted, mated or maintained connai to the pro\ isions of this code, and anv use of am land, building of prenuses established, conducted, opci ated or maintained contran to the pro\'ision of this Code, shall be and the same is hcrebN declared to be uni \tful ad a public nuisance; and the CitN Attune\'shall, upon order of the Cite, Council, unmcdtatcic commence action of proceedings for the abatement and remocul..." t0tN Zoning Caxdc 20.Q6.03(ij This letter formally and legally notifies the City of violations of the City 'Zoning Code. To date, prior letters of complaint sent by numerous residents have resulted in no action. This letters serves as an official and legal request for immediate enforcement of the Newport Beach City Zoning Code, and declaration of nuisance & abatement. Sinecrel%. Dr. Linda Oro/.co I lit I; W. Ballxw BIN d. , Nc\cpi.n't Beach, CA 92663 949-073-5410 Pmpcn\ o% %nets. ncighbols. related agencies 3 urg;nt%ratuns, S press City Council member:. Ctt%' Police Chief Cue Planting Commission members Attached: [ cuer %'etil %ing Narconon lease or 2" residential propem at 1810 W. Balbou Blvd. ::In Tian it i, 'I N Ll TO: Timothy Riley, Fire Chief -City of Newport Beach Homer Bludau, City Manager -City of'Newpor•t Beach SUBJECT: Drug & Alcohol Rehab Business on Residential Property- Zoning Code Violations This letter, delivered via certified mail to the Fire Chief and City :Manager, formally and legally notifies the City of violations of the City Zoning Code. To date, prior letters of complaint send by numerous residents have resulted in no action. This fetler serves as an official and legal request for immediate enforcement of-the Newport Beach City Toning Code, and declaration of nuisance & abatement. Specific issues and Zoning Code citations follow, In a ►diet icccrtcd Irout Frre :Mmshall Dennis L, ii:Oni Jared Not ember's, 2(N 13 tic sCnc& .....a Inc clearttice has been ar,nled bi Narconon SUattICIn Chlifomia Inc_ Inv the addics nil 1Sln 14 Occan Profit a rlh (lie fold t inn conditions: I. The pre%ums utibulatort capacit% nit Z' pereons shall be amended uo a total ambulah,rc capacity tut '7 pc 1.011 tt hich includes tall and client,." - N ui,onon. Inc. ( Ixl() W. OccanFrunt) is it Drug and .Alcohol Rchabllltlnt Nr 13usiro ;.< op•r:uing in atcsrdenual properh'drstrrct. It r,.icfincd in cue cosh: a, a Resldcnual Care. General businc,s, 'T\ entt- hour -hour rn.m ntedreai care lUr''c'N en or nn,rc person.. utcluduig tN ands of the JuN mile eourl, in need (.1 penunal sect Ice.. ,upon ision, P[tuc.ction- or asnulance ccscnual lot sustaining the a.an Iuc< „l daih hN mg. This cla..dicarloll mcludcc onk those serticc and facihnies liceascd bN the slatc of C'aldornci." jN13 Z"nuit, .xic'tr,05.(q(fj 'USE PERMIT' REQUIRED FOR *RESIDENTIAL CARE, GENERAL' NB Zoning C.>dc '_rl.ltln?n -- Rcquuc.a -1.,c Permit' for'Rcsrdcnual Cali:. General- faclbuc., Nai�,'onon ha, neter rxcn issued a Use Permit. C•rxle 'U.lir.illti derails the spccrfrc pu�xcs of a Use Permit urcludurg." pn.acct re:idents ln,m but id ct Lets nil CV C"n c none, population denvh . [value c„ngcsir,ri, Ind „UICI'Ak else cncironmen[al cftccc. -' The City Zoning C,kie requires that the city conduct .t through e11ciI0I ucntsl and resrdcn[iai impact Ic%let% - public hcanng -:ud secure appnn aI fit the ( tie Plannurlr 0,nlna�,aon tin hcsc [a, diliv, . This has nor been dnnc. 'FIRE CLEARANCE' APPROVED WITHOUT 'USE PER:Mff' tiarconon does not but e the re uired e ih U.'e Per tnu for opertuum. % hN did the Fne Dept. nstte a lire cic a.ucr last month fur this facilm to operate tt Ith• ant tbC requin•d cite t.se Pernnt ` VIOLATION OF' `OFF - STREET PARKING' ';B 7.nung Code 20,66,160 — Allim, onk three beds per one off- street parking space LN 'Hc.idcnu;d ;uc. Genevan facilnics. The tiarconon lacihtt al !xlll W, Ch:cun Foul onk contain: o f -aiccl parf.Inp <pacc.. 'i he ntavinunr bed capacrh of this 14cihtt is v hods, NOT the "_'7 beds pclmined h". Fu'c Nhtrshull's antendod li•lal on :Nocembet _5, 2IHJ3, Whc did the Cih Firc Department Issue a Fire C'lrarun:e anc amended capacrh I'll 17" And tt ht ha. [tic CaN alltmcd INiarconnn Cooperate tcith 27 -45 beds [or teal', «hen the nurNitruul should be 9'.' 'CERTIFICATE OF OC('IUPANCIWAPACITV' WITHOUT *USE PERMIT' �:B Zonurg C,dc '0 }91,015- No Ceruficat, of Chrupanct mac be i <sued Nt ilhnul a i+ <e r'ennn. rtt�.un, N�urcnnou holds tic, crh Use Permit, but does hate a Ccruirr,ne of CArcupancN. WIN ha< occupancckapai,u% t),.en Isucd;amcndcd n ithout a required cib Usc Pend[[' .\o ceruhc:ue of oCcup:mcN shall be I<sucd in am case tt hen• it use permit or, tanancc is required bt the tennis of [his chic unlc.s and unuf such u.c pernut tin Nariduce has been granted b% the Planning Duccior or the Manning Commr«ron „r bt the aflonianti t t �:c nl the Crn Cootie[ ton nppe,t) or ret Ictt and then onit in accOrdance tnnh (tic icrm: and condition, of the use l,ernui or t ariancc granted." 'C'ITV BUSINESS LICENSE' ISSUED WITHOUT •USE PERINIfI" The ca id ;\ett port Beach ha: annualk Issued it (-Ih Busincs, Liccn <c to Narci ll ll i.,r opci ti m :n it 'Slxeuti[N Hoapital' :d 12+10 W. Orcau Front NN rthnut a requited t'cc Pcnrut. Thr< N wlaoa Ctnlc I), lo,02(). .> <pccrabh fio.pitalm -y r sidennial PL4xrt% icrthout Uses Pcrmlt.'., NARCONON LEASES ADDITIONAL RESIDENTIAL. PROPERTI WITHOUT U'SE PERMIT, BUSINESS LICENSE, CERTIFICATE OFOCCUP.ANCA FIRE CLEARANCE NOR sTATF; LICENSE :Narconon has expanded their business unit an adthtrmal residcnnial pn,pcitc at 0 I I W Balboa Rhill. _ a( Ros� the allc% trout then original location o1 1810 W. Ocean Front Pnor letters of eornplai it regarding this iliepal c�pansion acre fomcudcd to the Fire : \4al'.hull on (klober?7, _'(W. and to the Cih Assistant Manager.rtid Planning Dc[)a[ tment L)uc, t,,, on tJctolxr i _'(03. Si-mi !!cant It cc I ic Occ 1, table tip -n rcq tic, I. ud, I, Wn,-, Front the Okkucr Ot th', additional rc,tdcruiai proper('% %criking his rental Ivasin, Io Nan:omm. lzutaciled( There I,, NO Cif\ U,c Permit on hic for (hi, addiftonzil address. 2W,1.015) .!Thcre is NO Cite _Bts_ilc. " _ I ,1ecn,c On file for thi, additional addle, -and a I'm: Pcimil, X-,oidj Ix Irquucd 10 IsIuc a Bumric„ Liccrise. There I, NOSWulicate of Occutiam on the for 1111' addlu""al addle.. - and it P011110 ttOUW be required lo ]sSuc such aCcilificiuc. (zoullu, C,xde 5i "1 here I, NO 71, C C Icara nce on I tic for this additiOnal adjrc„ and a 'i:,c p. nail, m ould Ix rckfuud it - f"tic: 'Lich ng Code _10olpf Icararicc, I ;Zoni 111cic k NOSUtL-_U,_k:rNc oil hic !Orlhi, additional pjopcit.% loof)ciaw;i, piah I *EXPANSION' "TRIGGERS REQUIREMENT FOR IMMEDIATE USE PERMIT APPLICATION RN NARCONON The "cxpam[on' b\ 4\:all:')I)'.)n 1111L) an ajdai,mal I.C.'Idt.funal (111,perlk ;A! 1811 of Zoning Codc 20-91.055, This cm /.011111" Llodc rcqUlici, NJJuOjjon lo n-,sk „cure a i.l.;, 11,71111it 'In"o lh,.k h;tx,- expanded scrk icc, that %%ould rcquuc ationclual jjsc pol-jun. - A _ change to I)Ian, ihai xxOuldallcc(a L'i'l 1,11 it( q) Of apprm A. shall be treated as a ri(:%k al)I)hcation." In addifit,rj, it.c noirrdllk p'llullicd b.x (he al)Immal A ❑ ll,c immit, but t% Inch is uoficonfi)rmifu, h\ % imicol [he r,-qUIICd condlluoll. tot (fiv dIqIIc( III kk hich if 1, loxatcd, Inak be expanded- in,rcuscd 0r in1L'IlSIIICj bk tkak of j chjll"c Inorxc rattonal chariwwn,(ic, upoll 111c jpf)flk.tl of a INc Perini.— Till, ZoullILI COLIC )CLILHIC, Ml Uppicillion J�,rj (.:,e perms( IV ;,qtjI,,d u! ,;,. , '11,11) Invilvdi,ack. STATE LICENSING FROM ADP For Nar.:oiwn to dcij%cr Lork jcc, ill it uCJjIIICuj Cj:111c' flick kkcic .talc-jw•na'd Ireqn the Cilljolul, Ocimranctrof and Druo Prognuu., ( ADF'I . This stale Iicen,c DOFS NO'Fclujujaw tic- uprcde I,ai Li% jhC JcCusr'C a-cick . ADP. I, rciiucd lo h,Ol local Li.k /nuc cjc1. bu�m O 1,1 Ii,Cjj.,e requilk!"IcIlk. and file department clearance, & Oxcupialc% icquimnow.s. Q,O(o 11,111 ADPd,x-un•n( I.ocal ale Inknik ILI Ill 4 0ninL Of ilT C"MIFCILIal and lClidCrulal 11, and IIUUWe01 UNC fi:(ujil, and bts"CS' fiCeIL"" The ,-tie 4.111 nc j � an example it fin I CC We 101al 7 L -for 0(k 011111 fesulLin., HINQ -ic,—id.entiall -bit,cd L)l ULI. AIL'Oh I FC atincin Centcl: In Irkin-C, FORMAL REQUEST - 14MMI.,'DIATE ENFORCEMENT OF CITY ZO.NIN( j CODE (Jrt bchall of the , k n OVFN 1 it tile nci Oux,H), vdoi ihiv Naic• 1:;CIhl k . I rcLjtIV,(c.j: he jumachaw critiorccincrit,,i [he L.lt\ /orijn" Codc. A 11 cePill flucnL, of liciulsand pt.-bjj,- cluplok 111c Or% .,I Ncik [1, 0 Beach, k cstcd %k ith 111c cut " k Or aLuhOI11\ It, J<AIC P0,111H., Or llccu:v., 114111 coillollu to 11 _ 1�: PVAI,f, 11,5 of till, COLIC and ,bull I,qie no permit )I IicCMIC Ii Ol LISCn, buildings oT I)Ul po'c' in eolith,- t \k it!) the In. -u,ion, 01 (hi: cOdc.and am Inch Pffrlut OF Ifccn,e lsaacd in colil hc[ kk ah the pu\ ISJonSOl dn' C-LiC 'hall be rud( and k od, jol FORA,IAL REQUEST - DECLARATION OVNUISANCL & ABATEMENT Fulitilk, [tic Olk 6,11111L code Pl0k JLIL:s Dccl-nallOnot AM-,uncc: Abalcment'. "Auk kklddjng 'of '(fuclule ,Cc UP, 01WO1, 0ou,lrudcd, Jllcrcd. enlarge.d, conk cited. mokcd ol, rualwairmi contraix LO the pr,.)k siOfj, ,f thi, Lode. and ank u1c ,11' am land. building Or pf� L-uu-,c, eaubh,hcJ, conductcd. OF)cm(cdol Inalinaincd contlan Io ffic prole Ision of . 011, co. dc. shafl be and Inc aujv 1, hcr,-bk dcclived to be uni;m Ili! and :1 public numiricc: and tile •lak AI(ollick Shall. t1[vil oidcr of the Cok Council, Ijjjuj�dj:ueIk c,,jjljjojjcc I - action oi jvocccdiu", Jor the abivemcm und jelljok ill ..... (Cil\ 7oning o Cd ' - I c 20,96.0301 This letter formally and legally notifies the City of'violations of the Ci1v Zoning (.'ode. To date. prior letters of CORIPlaing Scul by numerous residents have resulted in no action, This letters serves as all oft-Icial and legal request for immediate enforcement ol'the Ne"Porl Beach City Zoning Cocle, and declaration of nuisance & abatement, Dr. I inda Oro/,co 1804;%V &dlr u BI k J.. Neu pwt 8cjeh. C.-\ '.,_'(d,? (14Q-673-34v, 1L. Pn'j>CI-tk (m n�l'. difled :-cricle, & or,,-;un/aoi m.,, Sc plc„ Cu\ Council nicinbc), Cm Police ChIc( env Planning Commission Incnlhcl.< A(Ulehed: Leper kerij ma, \arcOj)ou Icu,c Of 2 ic<iklcnual properi\ at IN10 W, 13a(bo:i 13h J. Aulua[N 31;"2,qq TO; Timothy Riley, Fire Chief -City of Newport Beach Homer Bludau, City A'fanager -C'ity of Newport Beach SUBJECT: Drug & Alcohol Rehab Business on Residential Property - Zoning Code 1 iolations This letter, delivered via certified mail to the Fire Chief and Cil3 Manager, formally and legally notifies the City' of violations of the City' Zoning Code, To date, prior letters of complaint sent by numerous residents have resulted in no action, This letter serves as an official and legal request for immediate enforcement of the Newport Beach City Zoning Code, and declaration of nuisance & abatement. Specific issues and Zoning Code citations follow, in a loll. i rime cd h'on1 Rio :Marahall Dennt, L:kLud Jaied 'i- '(x!3 rte .fated. "_.a fire dcaraucc ha.< been L.1-anted to Narcon„n Southern C aht"Tula Inr.. L,r the a,h.imS. of Ihlu Ll . Uecarl Front ,kith file lollokkmg condition.: I. The pre\ n,us ambulaton capacdk o1 3_' fx•r,onS Shall be antendcd to a Iota1 umhu.:u(in eapacd} (if _7 tx•i.0m, cc Inch Include. .tai l -mid c cnlc" - Nuronon. inc. i 18I0 tv. OCCaut'r ),u) is a Thug and Alcoho! Rchabihtauan iivan1-.. „Ivraunt Ina r, adenual profxra.district. it i. defined tit cdN eaklc a, a 'f cemdenual C:u'c, General- bu.rnc... " I cc Ouh-li,ur -inau non - niedicd care lol .c, cn u1- nn,re fx:nuns, rncluduig ttaid< of (ho lukcnil , court, in n,_cd of Ixo0n:d .cn', ncce, .upon rsinn. piokcti:,n, or as:.,N[anee er.cmial for.u.tarmng the ache rue. ,d dcu1: In Ing. Tin, rl:r.afrc:ru.m III, c. unh those .en -ncc. and taolaies licensed by the Stffic of C'airh,Iua.- IN13 Z,,nm, Code "t. "i I1jLVII *(;SE PERMIT' REQUIRED FOR -RESIDENTIAL CARE:- GENERAL' NR Zuninv (onto _tI.IU.u?f ) - Re quire, a '(rsc Pennu' loo 'Rc�idcntial Care, Gcncril' larrhuc.. '''araonon has nc,cr been issued a Uec Persia. C'.,Jc _o. I t),I11(idetads the .poodle purfi:,.cs,A a G.e Permit III, luding. "... {)Ddect rc,idcnt. roan hainitul cflcctS of evccsske none: Ixlpuiauon dcn,m, trdlrc rongc,uo:i. and oWcr ad, cr.c cm ironnlental effects.'" The Crt� Zoning Cikic requnc•, thus the clt\ conduct a thii.IUgf. cuk u'onnieluai and rc.rdcn(iai nnpact rek neck. public hc.arin,, .ui.i SCCUrc apprm ai b\ fhc Cu} Pl,utnint: (:.- wunr..ion tax' fhc: v (11c 11111C." rl,n ha, nul Ncn d0nc. -FIRE CLEARANCE* APPROVED WITHOUT -USE PERMIT' Nareon0n dcrs not hate the ref aired cnc ('se Pernut for opCration. 1k It\ did file HIC Ihrpt. i..ue ;r Tiro , iC;uancc la.t In' '13th 101- thi, faalitc to olxratc n shout the roquned cm l +e Peron C; VIOLATION OF *OFF-STREET PARKING' NBZoninECckc'_(!.fq,.+i tr_Allim,onh three beds perone off-street parking sfki eioi Rc.ndcintalCare. Gienetal' facililrc.. The Naicouon facdin at I*In 14. Ocean I-ronl eink contain, I ill- sirecl parkins , apace.. "i "he nmkimum bed capacm of thiS lac ihh' is Q bcd.. NOT the 27 kcds pcnnn(ed 'n\ Fire ;MorshalF. amended rood 0n No ember's, ^(W, tvhp did the Cih Fuc Department issue a Firc Clcaranrc and ;ancnded capaertk 1'or _ :' And cc he ha, the cut allokk cd :N "arCOn0n f0 npctatc e nil 27 -45 Lk.lx (,if kcars, n hen Ute nia,.lonttn .hould lie - CER7' IFIC. A' 1' EOFO('(' UPAN ('I : /CAPA('1'Fl"1VITHOU'1'-C ;SE PERMIT' .\ 3 Zomn, Gnlc '(l.y l.(?I:+- \0 C'cru(tca h• of Orcupanr� mac be rnsucJ vthnut s i �•,<; Pc: roof. .t goi;i. \:uron.•n holds nu cite Use Permit, but does laic a Ccrdhcatc c11 Ckcupanc} lVhk ha< ocrupan.c caparuk txx•n n.ucd.antcndcd kk uinun a rryuurd cn� use Pcrnut" ..:N'o ccrtdirur of : kcupan0 .hall Ix i..ucd in ant case cc iicic ;t use M,nul ,I k;u"iance a icquued bk the term. of thi. aide Unic." and unul .uch u.c Ixrnrlt u1- call nlm C ha. ix•c•n _runtrd bk the PLuunng Dirce(oi or rho planning i:onunissrun i,I he file adnulauce cutc,d (tic ( It\ Council on appeal or rccickc and that ooh in accordance n nil the terms and eondWone of the roc Ix•inur ui carrancc grmtcd... 'CITY BUSINESS LICENSE' ISSUED WITHOUT -USE PERMIT' The eitk of Nekk port Beach has annualh o.uad a ('ink B11.inc11 I .ieense to •Varconun li,I ulx:rauon a. a SpcnahN llo.pital';n Ix10 W, <kcanFront cc ith.,uta requin•,i 1 - :sc Pcinut 'Iki, cod:tiss C'cklc '(l tUI'tI. A .;c,;I;dt) .. . 1.. ...__. h,s}n_hiJ u1 a rc•sidonnal proper _kcuh,.iut a lac P rmit :' NARCO:NON LEASES ADDITIONAL. RESIDENTIAL. PROPERTI''iVITHCrI T USE PERMIT, BUSINESS LICENSE, CERTIFICATE OF OCCUPANCY, FIRE CLEARANCE NOR ST:AT'E. LICENSE. \arc•,nton has expanded their btmnes, Into an addittnnal re,idenual pri)perlt at Ixl I b1 /. Baiix,a Mid, - :rero., the allele 11-0111 their original fixation of Ikio bv. (kcan Front. Your letter, nl eompLunt rcgardtng this dtegal c\ptmsiun xk,'w ft maidicd t0 the Firc :Marshall on Octuber'_7, -'tX)3, and to the Cm As.i.iant: \tanager and Planning De parmicin Dtrecbrr on Ucb,ber? 3. ?tx)S. Simi It cant evidence n a%wlahlc u[Nrn myttc4, Inc I udma a Ieto( tp. -mi the O%cncr 01 this addiunnal rc,tdonua proper} %crtivin, htN tell Cal Ieasutg to tiwr0n0n. (al(achcJ( v Thcrc is NO < ^itt Ume- Permit on file for this additional adJrc >s. lGkic - i),yl.uiw v There i< ti0 Ci}� Rusinin =sy [.I,' n_c on Idc lot this additional addr'c,N- and s 'Use Pcnnn' ikould Ix rcyuncd in n,uc a Bu <mc <s Ltccnse. (Zoning ('tnJc 2o,01 015) N Them i, 1_Q Ceitllicate of Q_cu2any on tilt loi to), additional aJJre „- and a 'Usc Permit' n oulJ Ile icyuind [o Issue such a Ccrttlicale. tZOmng Citric ^_n.k3Lr�li) Thcrc is NO f nc Clcatunce on the for thi, addiunnal address mid a U,c Penny •.t „uld be reyuncd t„ t,wc such a C'Icarancc. cZotiioe Code 2014],01 j) Thcrc w NO.Sttl_•..L__n,e On file 100 tins addtomai prl[xrn In,g%,juIc:n pail et Naicunon. "EXPAN"SION” TRIGGF,RS REQUIREMENT FOR 1! IMMATF, USE PF,RbiIT APPLICAI [ON BY NARCO•NON'' The 'CNpan,wri' h% :Vsrcnnon un0 an additional tc,ldcntial pr.,lx-m ar 181 I l\'. Ball *,a BI%J. n ni %tol,ihit, it 7(ininc Ctric 20,91S155. "11111 cin iumng code rcywrc, Naiconon to no%c .conic a U.,c Permit <uicc the% ha •.c cxpandcd Noll loos dIU( %%mold ieyunc an - migtn:i1 u<c I)Cnmt. A ._ chungo to plan. thou %wnld af(cct a.ondiuon o! apprn%al. Nhall be treated as a ncu applicwnil.- in addition, "A use nr,rmallc Immitted b% right or bk the appro%al of a u<c lxrini 1, but %t hich is noncnnfnrmui,_ b% t rrtuc oC the rcywrcJ cnnduron<ol the douse( In %cinch it n 6x.ucki. nitr% be eepanded. Increased or intcnNtied b% %ka% nl a change in,: rpera u,.nia chatactersticN u[nm (tic appro%al ,I a it,(- pernul " "' Tin, Zoom, ( -,)do reywrc, in application form U. c Perlin( Ix rcyuued of Nalc0non inrncJuueh. STATE LICENSING FROM ADP For A4trc,morn [n Jcli%cr anrocs a <a Jai ;da�hol tledtment Lento thc%acrc ,caoliccn.%ol Iran tits (7iiii1wnet Dcpartmentof .'alcohol and DrugF'ropznli <iADP). This Stte hcen <c f-)OLS NOT chmmatc no( <uperccdc local citN iontng code. The state licenstngage,. ADP, i< cted I 1101101 ktrul c+ n,mng codes. buanc <, iirc•nsc requirements, and fire department clearances be aCcupancc requirement.,. Quotc firm :%DPJtxvnicnt -'Lttr•;d of Ciciais :tic imok ed to toning Ot prupertc Can commercial and re,idenual use and iN,uanee r,l u>cc pernuts and busine <,< hccmc, ° The s -a ot_in Inc is an c,, lient CcUtl lie Of enforcement nl r2cnttcul Cu% Zexu lit; C�nlc;_N. ..._sass —... _. —. ..- - -- .._.. _._sass - resu ttnctn_;'�o rq. <lJntcdlc -based _Dnt :,aIL' r,t "1'rcatnictt_t_Cent . n m t } life., FORMAL REQUEST - IMMEDIATE ENFORCEMENT OF CITY ZONING CODE On behalf nl the rc,idenb :property tin nor, in the nctehborh,wxl.,t thr<;Nawonon L.cdlla. I rcyuc,ted :ins trimchatc entorccnicnt of the lit%" Zoning Citric. "All Jcparuncnt<, 0111cwlL and public cnipIo%oc:, 01 the (1i} of ;NQNt txnt Death. tc,tcJ %kith the Jun oraulhunb to ISSUo lxrnttts tit IICCnFe, Shall colliIin, to the pro %tyon<01 this 6dc sill shall issuc no permit or hecnse lilt uses, buddmgs or purpom, in conflict kk uh the pro,. swiss of tht< cr,&c and an% Nuc'h permit or liccn <c i „ucd in conllic i. %%0th the prn%ttitons of this enJC' shall he null and %,rid.° (NI 4ti,t, [OI FORMAL REQUEST - DECLARATION OF NUISANCE & ABATEMENT Finall%. the Cm L'Inn,-' COdc pfo%ide, fora 'Declaration n! Nw <:mcc; Abatement'. "r \m bwlJing ur structwr set up, erected, consti m ted, allencd. enlarged. ,on%cited mt lied n; nmintanwd Gunnar. to the pis %% i,tnn< n( this code, and an% u.c of an% land, building Or prenuscs caahli-licJ, conducted, olmated of maintained cunu:uz to the pro%t<ton of this ckxle, shall bc; and the N:mic t, ficicb% declared a, flc tiiutu Iul and a public nuisance: and [tic Cif,% At0niel shall. ulxn 01Je1-01 the Cm. ('Oum it. tmmcdiatcl% Conimrnce acts m ur prrKcedings k r the ubatcmcnt unJ re III( %al...” (Crq 7oning Ckele 20.vt,.o.;oI This letter formally and legally notifies the City of violations of the City Zoning Code. To date, prior letters of complaint sent by numerous residents have resulted in no action, This letters serves as an official and legal request for immediate enforcement of the Newport Beach City Zoning Code, and declaration of nuisance & abatement. Sinccicl%. Dr. Linda Ornieo [('<t)5 W. Balboa RkJ.. NC%I),nt Beac11, C':A UVvi3 044- 673-54 Ill cC. Pngx'n% ( At nee,, nrtgh[x,r,. related agencteN & (It g :uuc;mons. & pro,. Cit% Council ntcrilbel< (-'nv P „lice Chief Cm Planning Ccannusauxi member., Auaclicd: i_eurr %cril \ing N'arconon Ica<c ill '_ "'r mNidenual at 180) W. L3albo:i BhJ. TO: Timothy Riley, Fire Chief -City of Newport Beach Homer Bludau, Ciy ;Manager -City. of Newport Beach SUBJEC'Tt Drug & Alcohol Rehab Business on Residential Property- Zoning Code V iolations This letter, delivered via certified mail to the Fire Chief and City Manager, forumliv and legally notifies tilt• City of violations of the City Zoning Code, To date, prior letters of complaint sent by numerous residents have resulted in no action. This letter serves as an official and legal request for munediale enforcement of the Newport Beach City Zoning Code, and declaration of nuisance & abatement. Specific issues and Zoning Code citations follow. In a IcuCr rcceo Cd (n nn Pi re .Marshall Wim,; I., a:kaid dated ;Noscm FNa' _ >. '(if l.3 nc dated. ._a tire clearance has been granted to Narcnnon Somhettl LahleHnitl Inc.. for the addres .,,I IeNl 6'« Occom I runt lili file to,lioU lttg "llidlnl,n,I I. "I he pres inn, mnbulaton .apactU (11 31- Pia-,on, shall tx amended n, a u,tai arabulafun C;giactt} of '_7 pc:r,ott,, s� Inch induct" and client. " \arconnn, Irw. i ISin 4V. Ocean 1:10111) n a Unlg:uid Alcohol Nrhabihtanun Bn,IIIU <,,)pCralutg ill a ii jdcumd pn,pern Ut:tnct. it is definN in i it) tonne ;, a'Rc,r.lentrtl C' arc, Gcncrti' i7uanc.... "T«cnt�-I'our -hour m,n- mcdical Care for scs cn (or fit, rrc per,on <, Ind udtn"' si ant, of the lue,cndc court, in n:ccl of Ile[ "aial ,cn ice._ ,u[on [,a,n, protection. n[ a,lmance c»rnnal t.,r lull a.. the a, u, fire, „f dash linng. 'T In, t.tj"]; fcauon include,unlstho,c,CfiW0,1 and t aCfhnc. ho- en. edbi the State ouaiournf ,t.-I\BZcntn (odeIll.If >.nartl 'USE PERMIT' REQUIRED FOR -RESIDENTIAL CARE, GENERAL' :NB Zoning Code _10.lo,o -101 -- Rcyuirc, a I !'emit' lot 'Rc,tdcuuai Cart. Ucnc:'ai' lacthtic" \arcnn•,n ha, ticker ktien te,ucd a LSC Pcrnul. C,xlc 21I. (IM11 deeds the ifx•c[hc putpu,c•, of or i.'sc 1'crnut mCludulL ., ploco-t rc,fdcnt, I rom hamtf ul N f cc is ,.H n.,i.c, is opufauon den<lty. trail lo. Conee:uon. ;utd other ad-, C1.c cm in,nniemul of feel,." The Cie, Zoning Gait rcywrc, thou the Cns Co ndnCt a thn'ugh cnI u'onnteotal and rc,idcnual impact restcsk, public hcanng, and,ccurc appmcal bs tie ('if,, Mannntr Cmmntu,l„n fool these faclhtic, . rhis ha, floor Iarn done. ,FIRE CLEARANCE' APPROVED ilvITt10U'f •CSE PERMIT' Narcon„n dim, not hase the requu> =cd Ilk I',e Pcinnl lot ,pciation did the Fite Dcpt, n,uc .1 lire Gear ll,c la,l month [or ihu tacdus to operate io ahuut the rcyuned 0(1� I, le Vcnut[.' V "IOLATION OF 'OFF-STREET PARKING' \'B Z.oninr Code ?t i,hh.(l ;(i _ Allrnc, (on1% three beds per one off - street pnrking.sporce for Rc,tcicnu,d C ",tie, (Jeneral, facilitie,. 'I Ile Narainon luciit\ at I'M) N'. Ckean Fiont%nils Contain, 3 till- ,ttQQt parking ,pace,. -1 Ile mavnwm bed capaCitc nl'thi, faetim t,,) bcd<_ NOr tile 27 toed, Imin tcd iv f-nr Mai,hail's amended toed on N�srmber 25. ^(y13, L'vhc did t(te CtR Ft re UCpartntent lour it Frre C1rtruiCC and amended C;rpaCth lion 177 And s� h} ha, the cti ;liinued N"arconon n, operale «ith --f> bed< fur scar;, %+tier, the nt.l\nnuni ,hound be Q., ,CERTIFICATE OF OC'CUP_ANC'V' /C'APACIT%' Wl'I'HOI'T •USE PERMIT' NB7,onineC:,,dc- 'n.ol.!!f?- N oC" crliftcic. ;tOccupanccmac rot i,wNssffhnut;tI cVannl. ;un..\arconon holds no cnc Use Pemut, but dtk hone a CernitC ;uc.d UcCUpanC�. wllc has taccupallO capacm bC•cn o,ued amended is ithuul a ri•yun Cd et [} L<c PenniC' `.tin cirullc ;tic ol',wcupaflo ,hall be f„ucd tli all C,i<c x here a u,c 1m ri n nr ,aiiano-c i, requtrcd b% the term, ui'thi, code Luck -1, and until 'U,- 11 u.,r lx•rnnl , n' sari; llec ha, been prantcd bs the Ptammrie Dircc for or the Planning Conlnn stron •rc bi the ;dlirmatii c sn[c uI the (lls CnunCd on appeal or reacts and then only ui accnrdanec n till the terms and oniditfon, nl the u.•c ix rtnit IF sou rut,: i• gcmtrd... •CITI" BUSINESS LICENSE' ISSUED ll 7UMOUT Y SF: PERMIT' Ilie tits or Nm port Beach ita, annualls I„ucd a ('It\ Buvnc„ Ltecn <e to .Nerconon l(,r ape ration a, ., 'S1,c, wits H,,,puel' at 188) i,00. OccanF,vn st hhoul a icyuucd 1.',c Vomit i Its , folmc, C',xie ^n. In.ollo. "\ ,p;ci;dic ho<pltal Ill d IcNidentlill-piopciV si.fthgut it_U,c Penult:' NARCOSO ;N LEASES ADDITIONAL RESIDE ;N'TIAL PROPERTY 1VITHOUT I "SE PERMIT, BUSINESS LICENSE, CERTIFICATE OF OCCI.PA ;NCp, FIRE C'LEARANC'E NOR STATE LICENSE: Naromon hu, expanded their businc,s mil, an additional rc,tdcnn ;ll pfoperts of I S I I IV Balboa Bled. - across the allcs Irons their or ginal location of IKlrf W. 01 Call Front. Pro 11 Ieroe rs tit complaint regards tip tlu, tl legal e, psn,t -:,ti It crc foil%arded to the Fit c :Manhali nn Ociober'_'7, '1X13. and to die 0lo, A,si, ant \Ltna,m and Planotitg Dc pan tincin IJ1rc•: I, , , U ihn,txr '3, ?(x13. ,it -n II icant olden'." 1, a; al aNc up,n acyueq, ntcluJmg a letter fiom the on ncrul dti <aJJlnonaI residential piopertt tcnt}1ng his r: Ital lea.utg (U haf--'L non. (attached( There is ti0 Cit} Lk_ Permit on file for i1n, additional addrecc (C,xIC ]W)l.ut';( ✓There is IVO Lill - Business I.ic nrq , at file G,r lhic addIn,nal addle and ,t 'L:,c Pcnnrt' ;;lull b;: required to issue a B us1 nc, s Licence. (Z111111111 G .,dc 2(.;.U1.015) t !'here 1s ti0 Certificate )t QK�ant on hl: for [i i, additi.,md addr<<<- and ;a '[ :Sc PcrntiC n,n lj be rr'}uired to isle each a CcrtiticatC. tZ li ng C,xlc 2O.v1.015; v' lucre 1s No Lire Clca!a C on file ti,r du, additional address- and a 't 'e i'ennn ,could he required to i,>uc welt a C'IcaranCe. 1 Znn ng C. rJc ?f 1.H l.01 31 t: TixreicNO oniii ,lorthis;aldlilo:alprL)rx'n, n:.rprratc;G putt ,a Nfat,vnun •EXPANSION' TRIGGERS REQUIREMENT FOR IMMEDIATE USE PERMIT APPLI(,ATl(3N BY NARCO:NON III,' 'Ctp3n,'n.nt' b%, NarCUnun r, cidcntiai prnpcm ai IN! I W. B;db,,,.a B}t,l. t, ut ; i.,latinn .9 Zonut" Codc 20NL1 Ij>. Tlne ciR /,lint" Cock icyumcs Nm'conon tar non occur a t, :sc: Penntt;tttrC the; ha; c c\pandeJ S ll IeCY That u.,uld requUC an original u,e Crnut. "A ... chcur'c a. . P � "lam that /null ;glees a condmon of apprtnat, ~hall be treated as a note apP"cati.m.` In aJJlnnn, "A usC norn:adlt lx:rnuncd bt ngh(rn h% the appro,:d �1 a uce permit, but n hash i, mmconlornnne b; ; isle of the r. qun.cJ C(,nditnm, .H the dI Ar:et in ;; hi: h it is 1„r;ned. mac Ix• expanded, increased of ultcnslliCJ bt mac of a Chance in n)Jx'lationai charaaen ar, up.m the app/), A �_,I a u,e Prnnu.'. "i'h1, Zoning (Ltdc rcyuncs an apphcanon Iota t:sc Pernut be r,yuurJ o1 :Varcom.,n nume.ha(ch. STATE LICENSING FROM ADP i nr .Nji-mon t„ Jelner acr't'iccc ac a Jrug.alcohnl treantertt cemer dic% ncr ,talc- hccU,,d Innis the (':r'rl:,mia Department of Alcohol and Ding Proctams(ADPi. This statwItccnce60ES,, l'OTclimmiatcm,r,u {x1�CJe!>cad tH% ionutg eC.Jc. -hhc setae irencmg agenct, ADP. Is squared (n h,,nn,,f i, '.d Cah r„nimy, Coles, buvnesc tteCnsc• requirement,, and lire department Clearances &,x•cupanC} Icquncntent,. Quote In,nt ADPJ,xvntCm. "i,s:;d ,dlicrals arc imolced in inning of proper[% I,., conunerc iai and re,idontial u;c and i,sUamCe r,l u,,, }x1mug :nd bucmCC, hCCnsC,." ;hhc __ ad_ In Inc is an c�_gllcnt C_a�mp{C of enforcement_ot idcnn_al Ctt� %onmg C'�>,Icc r,_ulnm, in Nor c1J_nliaillc ht ;J_Drr� \I -oh �?1 -T salient <'cnt r_in.Inme. FORMAL REQUEST - IMMEDIATE ENFORCEMENT OF CITY ZONING CODE On behall of the residents: prupertt r,n nerN in the n,• t,hN)rho.,J +.,I lhr liar.:; n[:,n t,Ct6n, i ,CyuC, teJ the unntCJualc entarCenicnt .d the Cn\ G,n[ng ((kiL% "All departtncnts, of ltetah and pubhC cntpi.,cec• of the C'm A ;den (?;n BcaCh. ;ctcd a 1th the dust or authontt to issue p ntu L, or licences shall a,ui orm t:- the pro, 1clonc.4 (In, gnlc and ,hall issue no permit of hec•n,c loo us'as• buddingc or pulp )ncs in Comilict n i(h the pna 1st,ms of (his c„JC: and am Loch PCrnn nr hecnse 1 owed in conllict tcrth the pnn i<ions u( this Code ,hap be nu I and toil." 1 _'!; 9o.t!{ffil FORMAL REQUEST - DECLARATION OF NUISANCE & ABATE;N1ENT Finally. the Celt Ylwtin" C',vlc prucides I')( a'Ih•Cl;araU,litol \'utsanec rl6alentem' `A tat building or structure scl UP, creC(Cd, con4nlCtCd, ahereJ, enlarged, c +mterlad, m;)\cd u( rrun(a1lied auui�n U, the pr.)t lcluns of thra C,xdC_ and ant• use ni ant land, building, nr prcuu,c, Cgabhshcd. conducted, r�f,crated lira maintained contran to the prat cn..,n ul Ih1 c L"Je, shall be and dtC same n ccic'bc dcviared to be unlan (ui uni a pubhC nuisancc: and the Cm Auurnec rhall, UPAI onlcr Of the C'It% Council, mnucdtatelt Commence acln,n oi. pnxccdings lot thcabatcmcnt and renimal...' jCilc Zoning Cxic ' t!S i(i3tij This letter formally and legally notifies the City of violations of the City Zoning Code, To dale, prior letter. of complaint sent by numerous residents have resulted in no action. This letters serves as an official and legal request for immediate enforcement of (he Newport Beach City Zoning Code, and declaration of nuisance & abatement. sinccrch. Dr. Ltnda Oro/co IN(K 1\. bal N,u Bled. , Nen pint B,3ch, C'•4 Lo(ei, 941)-673 54 If) cC. Pro}wm oat nc1 L. lie lghN't L, rchacd acneicc , .,rg:,nvannn,. & Prc,c CItt Council ntcmben C n-% police Chicl Cm Planning Commission ntcntbcr: Altachcd. Loner tciit ine Narconon lease of " "' «slJenual properrt\ at 18 1(1 W. B;d•) rya BItJ. Date: ATTENTION: Local and State Aoencies 0 LETTER OF COMPLAINT iblu i'VE r(onon Or Jouinern 4alfforma. Inc. This residential triplex property Is curfently the 'southern California headquarters' of Narconon. Inc., a halfway house for drug and alcohol addicts. This is a MAJOR BUSINESS with cxcEssive occupancy in the midst of a residential neighborhood. The city's'Certiflcate of Occupancy' indicates 27 persons maximum. Narconon publicizes 32 residential beds and 34 staff in this residential property of three apartments, on a lot only 30 ft. wide. This is a total of 60+ individuals. Within the last 8 weeks. Narconon has leased another property across a narrow alley (1811 West Ealbca Blvd.) and added additional beds - two to three BUNK beds per room (including living rooms). Narconon's operation of this Residential Treatment Center creates an excessive disturbance and public nuisance for neighbors. There is excessive noise (Including profanity, voices, yelling. music, door slamming, large oroup celebrations), foot traffic and vehicle traffic. There are only three parking spaces for this property. IF the occupancy is enforced, how can this business with 27 total persons (addicts, employees and staff) operate on this property with only 3 parking spaces, and only accessible via a small alley? The foot traffic is constant in the small alley: arrival /departure. AND to /from the additional property across the alley. There is excessive commercial /business VEHICLE use of a small alley. which Is the only vehicle access to the property. These Vehicles must past at least 10 residential lots to access Narconon. The vehicle noise, exhaust, door slamming, and alley blockage is a problem numerous times per day. Many of our bedrooms face this alley. Vehicle traffic Includes cars from constant entering /exiting • property, daily trash trucks, refrigerated semi-trucks delivering food, carpet cleaning vans, plumbing services, multiple commercial vans owned and operated by Narconon, business /office products truck deliveries, and Unilab vans for blood /urine testing. etc. Other problems include the noise of industrial vacuum cleaners that can be heard 4 homes away, and industrial washers /dryers that disturb neighbors night and day. Since buildings are only 6 feet away, several neighbors can hear the sound of vomiting as addicts 'detox' 24 hours a day. Cigarette butts litter neighbors' properties and 2ntl hand tobacco smoke affects neighbors. Narconon has operated this state licensed Residential Treatment Center since 1995 without any 'local use permit' (although this is a 'norconformino use' of a residential property). As neighbors, we were never given the opportunity for notification and a public hearing as provided in City Code Section 20.90.030. Our neighborhood has been 'ill- served' by the state Alcohol and Druo Rrocram s continued issuance of a stale Ilc'.enFe to Narconon. without a local use permit. Narconon has intruded upon our right to the peaceful utilization of our home. We will confirm the negative, costly. and disturbing impact this 'business' has had to us personally, our homes and families. As a resident/properly owner. I wish to file a complaint against the use of this residentially zoned property in this excessive. abusive and inappropria,,e manner. Additional Comments: • Name (print): Address. C� October 25. 2003 City of N'eo� poll Beach Planning Director: Patricia Temple Codc Enforcement: Iamcs Sinesek Citv Attornev: Robert Burnham Councilman Tod Ridgeway Policc Department: E'mironmcntal Officer Whisenant MIS iS A C'OMPLAiNT REGARDING THE UTILIZATION Or RESIDENTIAL PROPERTY AT 1311 WL-ST BALBOA BLVD. AND 1810 WEST OCEAN FRONT Narconon ]cases the property at these addresses utilizing the facilities for the Southern Calil'rnia headyuaners of their business. 1 -heir excessive occupancy creates negative impact on ow ers and tenants of the neighborhood. Thcir evening events held weekly and lasting for more than 2 hours intrudes upon neighbors' rights to peaceful enjoyment of their properly. Exccssive noise at all hours, inside and outside the property (including yelling. arguing. fighting. music door slamming, profanity, and vomiting) exceeds the limits of reasonableness, root traffic. truck traffic, loitering, spitting on adjoining neighbors propem. discarding cicarrttc butts indiscriminately. and second hand smoke in high volume contribute negatively to our environment. This is a residential neighborhood. The properties are on lots of 30 -1bot width. The Ocean Front facility's only ychicular access is an alley through which residents Nish to access their garages but must share the opinutunity for access with Narconon's van. trash trucks (blockiin? alley while durnputg ). refrigerated semi- trucks delivering food, large delivery trucks for office and business products. carpet cleaning trucks. L?nilab mucks for regular blood and urine tests, and periodically paramedics /fire responding to medical emergencies at 1810. Address: 0 J r Date: ATTENTION: Local and State Agencies • LETTER OF COMPLAINT 1810 West Oceanfront Newport Beach — Narconon of Southern California, Inc. This residential triplex property is currently the 'southern California headquarters' of Narconon. Inc.. a halfway house for drug and alcohol addicts. This is a MAJOR BUSINESS with excessive occupancy in the midst of a residential neighborhood. The city's 'Certificate of Occupancy' indicates 27 persons maximum. Narconon publicizes 32 residential beds and 34 staff in this residential property of three apartments, on a lot only 30 ft. wide. This is a total of 60+ individuals. Within the last 8 weeks. Narconon has leased another property across a narrow alley (1811 West Balboa Blvd.) and added additional beds - two to three BUNK beds per room (including living rooms). Narconon 's operation of this Residential Treatment Center creates an excessive disturbance and public nuisance for neighbors. There is excessive noise (including profanity, voices, yelling music; door damming, large group celebrations), foot traffic and vehicle traffic. There are only three parking spaces for this property. IF the occupancy is enforced, how can this business with 27 total persons (addicts, employees and staff) operate on this property with only 3 parking spaces, and only accessible via a small alley? The foot traffic is constant in the small alley: arrival /departure, AND to /from the additional property across the alley. There is excessive commercial /business VEHICLE use of a small alley, which is the only vehicle access to the property. These vehicles must past at least 10 residential lots to access Narconon. The vehicle noise, exhaust. door slamming, and alley blockage is a problem numerous times per day. Many of our bedrooms face this alley. Vehicle traffic includes cars from constant enteringlexiting • property. daily trash trucks, refrigerated semi - trucks delivering food, carpet cleaning vans, plumbing services. multiple commercial vans owned and operated by Narconon, business /office products truck deliveries, and Unilab vans for blood /urine testing. etc. Other problems include the noise of industrial vacuum cleaners that can be heard 4 homes away, and industrial washers /dryers that disturb neighbors night and day. Since buildings are only 6 feet away, several neighbors can hear the sound of vomiting as addicts 'detox' 24 hours a day. Cigarette butts litter neighbors' properties and 2 "0 hand tobacco smoke affects neighbors, Narconon has operated this state licensed Residential Treatment Center since 1995 without any 'local use permit (although this is a 'nonconforming use' of a residential property). As neighbors, we were never given the opportunity for notification and a public hearing as provided in City Code Section 20.90.030. Our neighborhood has been ill-served' by the state Alcohol and Druq Program's continued issuance of a state license to Narconon. without a local use permit. Narconon has intruded upon our right to the peaceful utilization of our home. We will confirm the negative. costly. and disturbing impact this 'business' has had to us personally, our homes and families. As a resident/property owner, I wish to file a complaint against the use of this residentially zoned property in this excessive, abusive and inappropriate manner. Additional Comments: • Name (print): .,) !-j b✓i rG u f f „ I Signature: z Lc Address: L October 25. 2003 City of Newport Beach Planning Director: Patricia Temple Code Enforcement: Janie-, Sinesek City Attorney: Robert Burnham Councilman Tod Ridgeway Police Department: Environmental Officer Whisenant THIS IS A COMPLAINT REGARDING THE UTILIZATION OF RESIDENTIAL. PROPERTY AT 1811 WEST BALBOA BLVD. AND 181 0 WEST OCEAN FRONT Narconon ]cases the properly at these addresses utilizing the facilities for the Southern California headquarters of their business. Their c-xccssive occupancy creates negative impact on otimers and tenants of the neighborhood. Their evening events held weekly and lasting for more than 3 hours intrudes upon neighbors' rights to peaceful enjoyment of • their property. L•scessive noise at all hours. inside and outside the property (including veiling. arguing, fighting. music, door slamming, profanity. and vomiting) exceeds the limits of reasonableness. Foot traffic. truck traffic. loitering. spitting on adjoining neighbors property, discarding cigarette butts indiscriminately.. and second hand smoke in high volume contribute negatively to our environment. This is a residential neighborhood. The properties are on lots of 30 -foot width. The Ocean Front facility's only vehicular access is an alley through which residents wish to access their garages but must share the opportunity for access withNarconon's van. trash trucks (blocking alley \Nhile dumping), refrigerated semi- trucks delivering food, large delivery trucks for office and business products, carpet cleaning trucks. linilab trucks for regular blood and urine tests, and periodically paramedics/fire responding to medical emergencies at 1810. 0 aOctober Z5. Z001 City of Newport Beach Planning Director: Patricia Temple Codc ERIC)rcemenl: James Sinesek City Attorney: Robert Buniham Councilman Tod Ridgc%yay Police Department: T-mironmental Officer NV`hisenant THIS 1S A COMPLAINT REGARDING TJIE UTILIZATION OF RESIDENTIAL PROPERTY AT 1811 NVEST BALBOA BLVD. AND 1810 WEST OCEAN FRONT Narconon ]cases the property at these addresses utilizing the facilities for the Southern California headyuartcrs of their business. Their excessive occupancy creates negative impact on owners and tenants of the neighborhood. Their evening events held weekly and lasting ibr more than 2 hours intrudes upon neighbors' rights to peaceful enjoyment of their property. Excessive noise at all hours. inside and outside the property (including yelling. arguing, fighting. music. door slamming. prcdanity. and vomiting *g ) exceeds the limits of reasonableness. Foot traffic. truck trat7ic. loitering. spitting on adjoining neighbor's property. discarding cigarcne butts indiscriminately, and second hand smoke in high volume contribute negatively to our environment. This is a residential neighborhood. The propenics are on lots of 30 -foot width. The Ocean Front facility's only vehicular access is an alley through \yhich residents wish to access their garages but must share the opportunity for access with Narconon's van_ trash trucks (blocking alley while dumping), refrigerated semi- trucks delivering food, large delivery trucks for office and business products. carpet cleaning trucks. Unilab trucks for regular blood and urine tests. and periodically paramedics /fire responding to medical emergencies at 1810, 1 Address: I SOctober 25.2003 City of Newport Bcach Planning Director: Patricia Temple Code Enforcement: James Sincsek Citv Attorney: Robert Burnham Councilman Tod Ridgeway Police Department: rnyironniental Officer AA'hisenant THIS IS A CON IPLAINT REGARDING THE UTILIZATION OF RESIDENTIAL PROPERTY AT 1 bl l ','VEST BALBOA BLVD. AND 18 10 NT-ST OCEAN FRONT Narconon ]cases the pmperty at these addressQs utilizing the facilities for the Southern California hcadquanerS of their business. Their exccssive occupancy mates negative impact on owners and tenants of the neighborhood. Their evening events held weekly and lasting for more than 2 hours intrudes upon neighbors' rights to pcacelbl cnjoymcm of their property. E \ceSSiVc noise at all hours. inside and outside the property (including yelling. arguing, fighting, music, door slamming, profanity, and vomiting) e.xcccds the is linnits ofrcasunahlencss. Foot traffic, truck lrafl7c. ]mitering, Spitting on adjoining neighbor's property, discarding cigarette butts indiscriminately, and second hand smoke in high yoluroe contribute ncgalivcly to our emironmcnl. This is a residential neighborhood. The properlies are on lots of 30 -foot width. The Ocean Front facility's only vehicular access is an alley through which residents wish to access their garages but must share the oplxtn unit y f6r access with Narconon's van. trash trucks (blockiiig alley while dumping). refrigerated semi- trucks delivering food, large delivery trucks for office and business products, c,igm cleaning trucks. Unilab trucks for regular blood and urine tests. and periodically paramedics /tire responding to medical emergencies at 1810. :Address: /G /Z K) - C(cz I f4 -mi 1-1 8 October 25. 2003 City of Newport Beach Planning Director: Patricia Temple Code Enforcement: James Sinesck City Attorney: Robert Bumham Councilman Tod Ridgeway Police Department: Enxironmental Officer NIJlusenant THIS IS A COMPLAINT REGARDING THE UTILIZATION OF RESIDENTIAL PROPERTY AT 1811 WEST BALBOA BLVD, AND 1810 WEST OCEAN FRONT Narconon leases the property at these. addresses utilizing the facilities for the Southern California headquarters of their business. Thcir excessive occupancy creates negative impact on owners and tenants of the neighborhood, Their eveni.ng events held weekly and lasting for more than 2 hours intrudes upon neighbors' rights to peaecfiil enjoyment of their property, Excessive noise at all hours, inside and outside the property (including yelling, arguing, fighting, music, door slamming, profmity, and vomiting) exceeds the limits of reasonableness. Foot traffic, truck traffic, loitering, spitting on adjoining neighbor's property, discarding cigarette butts indiscriminately, and second hand smoke in high volume contribute negatively to our environment. This is a residential neighborhood, The properties are on lots of 30 -foot width. The Ocean Front facility's only vehicular access is an alley through which residents wish to access their garages but must share the opportunity for access with Narconon's van. trash trucks (blocking alley while dumping), refrigerated semi- trucks delivering food, huge delivery trucks for office and business products, carpet cleaning trucks, Unilab trucks for regular blood and urine tests, and periodically paramedics /fire responding to medical emergencies at 1810. Address: 8 October 25.200; City ofNe\Nport Bcach Planning Director: P.m icia Temple Code Lnlorcemenl: );Imes Sinesek Cite Attorney: Robert Burnham Councilman . ouncilman Iod Ridge °v ;ay Police Deparutiant: 1:11\ iromnental Officer \i hisenant 11115 IS A COMPLA1N'1 hl-CiARDING -hNE 1'771.IZA7'ION OF RESIDENTIAL PROPERTY AT 1811 WL-S 1 13AI.BOA 13LVD. AND 1810 V',JEST OC1:AN FRONT' N;rconon leases the Properly at thcse addresses utilizing the facilities for the Southern Calilornia headquarters of ihcir busiuess. hheir excessive occupancy creates nctative impact on owners and tenants of the neighborhood. Their evening events held \veckly and lasting for more than 2 hours intrudes upon neighbors' rights to peaceful enjoyment of ihcir propcny. E%eessive noise at all hours. inside and outside the property (inciuding yelling. arguing, fighting. music. door slamming, profanity, and vomiting) exceeds the limits of reasonableness. Foot traffic, iruck iral9ic, loitering, spitting on adjoining neighbor's property, discarding cigarette butts indiscriminmeh', and second hand smoke in high volume contribute ncgatiwly to our environment. This is a residential neighborhood. The propenics are on lots of _ 0 -ibot width. The Ocean Prom facility's only vehicular access is un allev through which residents wish to access their garages but must share the opponunity Ior access with Narconon's van. trash trucks (blocking alley while dumping)- refrigcrated semi - trucks deli\ eying food, large delivery trucks for office and hOSlneSS products carpet cleaning trucks. Unilab trucks for r..gular blood and urine tests, and periodically paramedics/fire responding to medical emergencies at 1810. Address: u /i,` Date: • ATTENTION: Local and State Aoencie_s • LETTER OF COMPLAINT 1810 West Occanfrent. Newport Eeach — _N"erconon of Gouthern California, Inc. This residential triplex property Is currently the 'southern California headquarters' of Narconon. Inc., a halfway house for drug and alcohol addicts. This is a MAJOR BUSINESS with excessive Occupancy in the midst of a residential neighborhood. The city s 'Certificate of Occupancy' indicates 27 persons maximum. Narconon publicizes 32 residential beds and 34 staff In this residential property of three apartments, on a lot only 30 ft. wide. This is a total of 60+ individuals. Within the last 8 week=_. Narconon has leased another property across_ a narrow alley (1811 West Balboa Blvd.) and added additional beds - two to three BUNK beds per room (including living rooms). Narconon 's operation of this Residential Treatment Center creates an excessive disturbance and public nuisance for neighbors. There is excessive noise (Including profanity, voices, yelling. music, door slamming, large croup celebrations_), foot traffic and vehicle traffic. There are only three parking spaces for this property. /Fthe occupancy is enforced, how can this business with 27 total persons (addicts_, employees_ and staff) operate on this property with only 3 parking spaces, and only accessible via a small alley? The foot traffic is constant in the _small alley: arrival /departure, AND to /from the additional property across the alley. There is excessive commercial /business VEHICLE use of a small alley, which Is the only vehicle access to the property. These vehicles must past at least 10 residential lots to access Narconon. The vehicle noise, exhaust. door slamming, and alley blockage is a problem numerous times per day. Many of our bedrooms face this alley. Vehicle traffic Includes cars from constant entering /exiting It property, daily trash trucks, refrigerated semi - trucks delivering food, carpet cleaning vans, plumbing services, multiple commercial vans owned and operated by Narconon, bu=sine=ss /office products truck deliveries, and Unilab vans for blood /urine testing, Etc. Other problems Include the noise of industrial vacuum cleaners that can be heard 4 homes away, and industrial washers /dryers that disturb neighbors night and day. Since buildings arc only 6 feet away, several neighbors can hear the sound of vomiting as addicts 'detox' 24 hours a day. Cigarette butts litter neighbors' properties and 2°° hand tobacco smoke affects neighbors. Narconon has operated this state licensed RcsidEntial Treatment CEntEr since 1995 without any local use permit' (although this is a 'nonconforming use' of a residential property). As neighbors, we were never given the opportunity for notification and a public hearing as provided in City Code Section 20.90.030. Our ncichborhood has been 'III - served' by the state Alcohol and Drua Prooram S continued issuance of a stetE liccnSc to Narconon. without a local use permit. Narconon has intruded upon our right to the peaceful utilization of our home. We will confirm the necative, costly. and disturbing impact this 'business has had to us personally, our homes and families, As a residEnt/propErty owner, I Wish to file a complaint against the use of this residentially zoned property In this Excessive. abusive and inappropriate manner. Additional Comments: Name (print): (1t1 +- CtIJcCv Signature: - Address: V jL C,` C ! i Date: • ATTENTION: Local and State Acencies LETTER OF COMPLAINT 1810 West OcEanfrCnt. NFwG,art F: each — Narconon of Southern California, Inc. This residential triplex property is currently the 'SCUthern California headquarters' of Narconon. Inc_ a halfway house for drug and alcohol addict=_. This is a MAJOR BUSINESS with excessive occupancy in the midst of a residential neighborhood. The city s CErIITICate of Occupancy' indicates 27 persons maximum. Narconon publicizes 32 residential beds_ and 34 staff in this residential property of three apartments, on a lot only 30 ft. wide. This Is a total of 60+ Individuals. Within the last 8 weeks. Narconon has leased another property across a narrow alley (1811 West Ealbca Blvd.) and added additional beds - two to three BUNK beds_ per room (including living rooms). Narconon :s operation of this Residential Treatment Center creates an exceSSrVe disturbance and public nuisance for neighbors. There Is Excessive noise (Including profanity, voices, yelling, music, door slamming, farce orcup celebrations). foot traffic and vehicle traffic. There are only three parking spaces_ for this property. lFthe occupancy is enforced, how can this business with 27 total persons (addicts. Employees and staff) operate on this property with only 3 parking spaces, and only accessible via a small alley? The foot traffic is constant in the small alley: arrival /departure. AND to /from the additional property across the alley. There is excessive commercial /business VEHICLE use of a small alley, which Is the only vehicle access to the property. These vehicles must past at least 10 residential lots to access Narconon. The vehicle noise, Exhaust. door slamming. and alley blockage is a problem numerous_ times per day. Many • of our bedrooms face this alley. Vehicle traffic Includes cars from constant Entering /Exiting property, daily trash trucks. refrigerated semi-trucks delivering food, carpet cleaning vans, plumbing services, multiple commercial vans owned and operated by Narconon, business /office products_ truck deliveries_. and Unilab vans for blood /urine testing. Etc. F_ IL Other problems Include the noise of Industrial vacuum cleaners that can be heard 4 homes away. and industrial washers /dryers that disturb neighbors_ night and day. Since buildings are only 6 feet away, several neighbors can hear the sound of vomiting as addicts 'detox' 24 hours a day. Cicarette butts litter neighbors' properties and 2n0 hand tobacco smoke affects neighbors. Narconon has or erated this state licensed Residential Treatment Center since 1995 without any 'local use permit (although this is a 'nonconforming use' of a residential property). As neighbors. we were never given the opportunity for notification and a public hearing as provided In City Code Section 20 00.030. Our neighborhood hES been ill- seryecLlb the State Alcohol and Drue F,r_ooram s_ continued issuance of a state license to Narconon, without a local use permit. Narconon has intruded upon our right to the peaceful utilization of our home. WE will confirm the necative. costly. and disturbing impact this 'bu=sine=ss_' has had to us personally, our homes_ and families_. As a resident/property owner. I wish to file a complaint against the use of this residentially Zoned property In this Excessive, abusive and inappropriate manner. Additional Comments Name (print): f, 1, ?; •r c !t Address: /Yi' L /-P' /. 4' r� U • October 25 2003 City of Newport Beach Planning Director: Patricia Temple Code Enforcement: lames Sinesek City Attorney: Robert Burnham Councilman Tod Ridgeway Police Department: Environmental Officer Whisenant THIS IS A CONIJILAINT REGARDING THE UTILIZATION OF RESIDENTIAL PROPERTY AT 1811 WEST BALBOA BLVD. AND 1810 WEST OCEAN FRONT Narconon ]eases the property at these addresses utilizing the facilities for the Southern California headquarters of their business. Their excessive occupancy creates negative impact on owners and tenants of the neighborhood. Their evening events held weekly and lasting for more than 2 hours intrudes upon neighbors' rights to peaceful enjoyment of their property. Excessive noise at all hours, inside and outside the property (including yelling, arguing, fighting, music. door slamming, profanity, cmd vomiting) exceeds the limits of reasonableness. Foot traffic. truck traffic, loitering, spitting on adjoining neighbor's property, discarding cigarette butts indiscriminately, and second hand smoke in high volume contribute negatively to our environment. This is a residential neighborhood. The properties are on lots of 30 -foot width. The Ocean Front facility's only vehicular access is an alley through which residents wish to access their garages but must share the opponunity for access with Narconon's van, trash trucks (blocking alley while dumping), refrigerated emi- trucks delivering food, large delivery trucks for office and business`tproducts, carpeclearing� trucks, Unilab trucks for regular blood and urine tests_ and periodically paramedics /fire responding to medical emergencies at 1810. Address: .% / / Z C ✓' Date: II i �� ATTENTION: Local and State Agencies ` • L ETl ER OF COMPLAINT 1 &10 West Cceanfrcnt._M1Fori Feach — Narconon of Southern California, Inc. This reaidEntiai triplex property is currently the'southern California headquarters' of Narconon. Inc_ a halfway house for druo and alcohol addict=_. This is a MAJOR BUSINESS with excessive occupancy in the midst of a residential neighborhood. The city _ ='Certificate of Occupancy indicate=_ 27 persons maximum. Narconon publicizes 32 residential beds and 34 staff in this residential property of three apartments. on a lot only 30 ft. wide. This is a total of 60+ individuals. Within the last 8 weeks. Narconon has leased another Property across a narrow alley (1811 West Balboa Blvd.) and added additional beds - two to three BUNK beds per room (including living rooms). Narconon's operation of this Residential Treatment Center ciEates an Excessive disturbance and public nuisance for neighbors. There Is excessive noise (including profanity, voices, yelling. music, door slamming, large oroup celebrations), foot traffic and vehicle traffic. There are only three parking spaces for this property. IF the occupancy is enforced, how can this business with 27 total persons (addicts, employees and _staff) operate on this property with only 3 parking spaces, and only accessible via a _small alley? The foot traffic is constant in the small alley: arrival /departure. AND to /from the additional property across the alley. There is excessive commercial/business VEHICLE use Of a small alley. which Is the only Vehicle access to the property. These vehicles must past at least 10 residential lots to access Narconon. The vehicle noise, exhaust.. door slamming, and alley blockage is a problem numerous times per day. Many • of our bedrooms face this alley. Vehicle traffic includes cars from constant Entering /Exiting property. daily trash trucks. refrigerated Semi - trucks delivering food, carpet cleaning vans, plumbing services. multiple commercial vans owned and operated by Narconon, business /office products truck deliveries. and Unilab vans_ for bicod /urine testing. etc. • Other problems include the noise of industrial vacuum cleaners that can be heard 4 homes away, and industrial washers/dryers that disturb neighbors night and day. Since buildings are only 6 feet away, several neighbors can hear the sound of vomiting as addicts 'detox' 24 hours a day. Cigarette butts litter neighbors' properties and 2°' hand tobacco smoke affects neighbors. Narconon hg's operated this state licensed Residential Treatment Center _since 1995 without any 'local use permit' (although this is 2'nonconformiing use of a residential property). As neighbors. we were never given the opportunity for notification and a public hearing as provided in City Code Section 20.90.030. Our neighborhood has been 'ill _served' by the _state Alcohol and DrUg Program s continued Issuance Of a state license to Narconon. without a local use permit. Narconon has intruded upon our right to the peaceful utili2ation of our home. We will confirm the negative. costly. and disturbing impact this 'business has had to us personally, Our homes and families. As a re_sioent/property owner. I wish to file a complaint against the use of this residentially 2onec property in this excessive. abusive and Inappropriate rnanner, Additional Comments Name (pr Sto r, at Ure Address: t • s October 25. 21101 City ofNc«port Beach PILmning Director: Patricia Temple mple Codc Enforcement: lames Sinesek Cite Attorncv: Robert Burnham Councilman Tod Ridgeway Police Department: Environmental Officer Whisenant TI IIS IS A COMPLAINT REGARDING TI lE UTILIZATION OF RESIDEN'1IAL PROPI -RTY AI 1811 \VEST BALBOA BLVD. AND 1810 WEST OCEAN FRONT Narconon leases the properly at these addresses utilizing the facilities for the Southern California headquarters ofthcir business. Their excessive occupancy creates negative impact on owners and tenants of the neighborhood. Their evening events held weekly and lasting for more than 2 hours iiurudes upon neighbors' rights to peaceful enjoyment of their property. Excessive noise at all hours. inside md outside the property (including yelling. arguing. fighting, music. dour slamming. profanity. and vomiting) exceeds the limits of reasonableness. Pool traffic. truck traffic, loitering, spitting on adjoining neighbor's property. discarding cigarcrtc butts indiscriminately. and second hand smoke in high volume contribute ncgativcl to our environment. This is a residential neighborhood. The properties are on lots of _ 0 -foot wid1h. The Occan Front facility's only vehicular access is an alley through which residents wish to access their garages but must share the opportunity for access with Narconon's van. trash trucks (blocking alley while dmnping). refrigerated semi - trucks delivering food, large delivery trucks for office and husincss products, carpet cleaning trucks, Unilab trucks for regular blood and urine tests. and periodically paramedicsifire responding to medical emergencies at 1810. Address: 0 October 25. 2003 City of Ncwport Brach Planning Director: Patricia Temple Code Enforcement: lames Sinesek City .Attorney: Robert Burnham Councilman Tod Ridgcway Police Dep;utment: Fm ironmenial Officer Whisenant T1 31S IS A COMPLAINT REGARDING TIdE UTILI7.ATION OF RESIDENTIAL PROPERTY AT 1911 WEST BALBOA BI. VD. AND 1810 NEST OCEAN FRONT Narconon leases the property at these addresses utilizing the facilities for the Southern California headquarters of their business. Their excessiN c occupancy creates negative impact on Deters and tenants of the neighborhood. Their cyening eycnts held Nyeekly and lasting for more than ? hours intrudes upon neighbors' rights to peaceful enjoyment of their property. Fxcessiye noise at all hours. inside and outside the property (including • )elling. arguing. fighting. music. dour slamming. profanity. and vomiting) exceeds the limits of rvasonableness. Foot imilic. truck traife, loitering,, spitting on adjoining neighbors property. discarding cigarette butts indiscriminately. and second hand smoke in high yolumc contribute negatiycIN to our cm' iron inent. "This is a residential neighborhood. The properties arc on lots of 30 -16ot m idth. The Ocean Front facilitv's only Vehicular access is an alley through Nchich residents N� ish to access their garages but must share the opportunity 1br access Nyith Narconon's Nan. trash trucks (blocking alley while dumping). refrigerated semi - trucks delivering food, large delivery trucks for office and business products. carpet cleaning trucks. Unilab trucks for regular blood and urine tests. and periodically paminedics!iire responding to medical emergencies at 1810. zL-, _,p .-- Address! /G,2-7 l,1'F c t�C��_ir, [_ # :S �C�`_' -; ��4_'.'+ 11 eOctober 25. 2003 City ofNc\yport Beach Planning Director: Patricia Temple Cade Enforcement: James Sincgck Citv Attorney: Robert Burnham Councilman Tod Ridgeway Police Department: Enyironnaental Officer A'hisenant THIS IS A COMPLAINT REGARDING THE UTILIZATION OF RESIDENTIAL PROPERTY AT 1811 WEST BAL.BOA BLVD. AND 1810 WEST OCEAN FRONT Narconon ]eases the properly at these addresses utilizing the facilities for the Southern California headquarters of their business. Their excessive occupancy creates negatiyc impact on oWners and tenants oflhe neighborhood. Their evening events held weckhy and lasting fur more than 2 hours intrudes upon neighbors' rights to peaceful enjovmenl 01 Ihcir property. Excessive noise at all hours. inside and outside the property ( including )elling, arguing. fighting,, music. door slamming, profanity, and vomiting exceeds the limits of reasonableness. Pool traffic. truck rrafllc. loitering, spilling on adjoining neighbor's pruperiv. discarding cigarette butts indiscriminately. and second hand smoke in high volume contrihine negatively to our environment. This is a residential neighborhood. The properties are on lots of 30 -foot width. The Ocean Prone ftcility"s only vehicular access is an alley through which residents wish to access their garages but must share the opportunity for access \yith Narconon's van. trash trucks (blocking alley while dumping,). refrigerated semi - (nicks delivering food. large delivery trucks for office and business products, carpet cleaning trucks. Unilab trucks for rcgtalar blood and urine tests. and periodically paramedics /fire responding to medical ern rgencies at 1810. i 'tdvAt( !JC�u�C' Z� Address: U I 8 October 25 2003 City ufNewport Beech Planning Director: Patricia Temple Code Enforcement: James Sinesek Citv Attorney: Robert Burnham Councilman Tod RAL)e%vav Police Department: En%irOluncillal 011icer \Vhisenanl THIS IS A CONIPLAMT REGARDING 'I 11E CTILIZATION 01= RESIDENTIAL PROPERTY AT 1811 WEST BAI.13OA BJ_VD.:'�ND 1810 yVEST OCEAN FRONT Narecmmt ]ruses the property al these addresses utilizing the facilities for the Southern California headquarters oflheir business. Their excessive occupancy creates negative impact on owners and tenants oftire neighborhood. Their evening events held weekly and lasting for more than 2 hours intrudes upon neighbors' rights to peaceful enjoyment of their property'. Excessive noise al all hours. inside and outside the properly (including yelling. arguing, fighting. music, door slamming, prolhnily. and vomiting) exceeds the limits of reasonableness. Fool traffic. truck traffic. loitering. spilling on adjoining neighbor's properiy. discarding cigarette butts indiscriminately. and second hand smoke in lhigb volume contribute negatively to our environment. This is a residential neighborhood. The properties are on lots of 30 -foot width. The Occan Faint facility's only' vehicular access is an alley through which residents %Nish to access their garages but must share the opporiunily for access n ilh Narconon's van. trash trucks (blocking alley while dumping). refrigerated semi- trucks delivering food, large delivery tnrcks for office and business products, carpet cleaning trucks. Unilab trucks for regular blood and urine rests. and periodically paramedics/fire responding to medical emergencies a1 1810. Address C j LJ. Z/xlr ? rsz� c °726 F. I 1 October 25. 2003 City of Newport Beach Planning Director: Patricia Temple Code Enlorcement: James Sinesek Citv Attorney: Robert Burnham Councilman Tod Ridgeway Police Dcparuncnt: Environmental Officer Nyhisenant THIS 1S A COMPLAIN 'I REGARDING TIIE I ITILIZATION OF RL SIDLNTIAL PROPER'T'Y AT 1811 NVEST BAL.BOA BIND. AND 1910 WEST 0CLAN FRONT Narconon leases the property at these addresses utilizing the facilities for the Southern Calilivnia headquarters of their business. Their excessive occupancy creates negative impact on owners and tenants of the neighborhood. Their evening, events held wirekly and lasting for more than 2 hours intrudes upon neighbors' rights to peacelul enjoyment of their property. Excessive noise at all hours- inside and outside the property (including yelling, arguing. fighting. music_ door slamming, profanity, and vomiting) exceeds the limits of reasonableness. Foot traffic. truck traffic. loitering. spitting on adjoining neighbors property. discarding cigarette butts indiscriminately, and second hand smoke in high volume contribute negatively to our environment. This is a residential neighborhood. The properties are on lots of 30-foot width. The Ocean Front facility's onhy vehicular access is an alley through Nchich residents wish to access their garages but must share the opportunity for access kith Narconon's van. trash trucks (blocking alley while dumping). refrigerated semi - trucks delivering food. large delivery trucks for office and business products, carpet cleaning trucks. Unilab trucks for regular blood and urine tests, and periodically paramedics /fire responding to medical emergencies at 1910. ✓A ildress:_1.�? s t October 25, 2003 City of Newport Bcach Planning Direelor: Patricia Temple Code Enibrci mcm: lames Sinesek Citv Attomev: Robert Burnham Councilman Tod Ridgcxyay Police Deparllucnt: Tmironmental Officer Whisenant 'PHIS 1S A COMPLAINT RI-CARDING] IIE U J- 11.IZATION OF RESIDENTIAL PROPERTY AT 1811 NNTS7 BALBOA BLVD. AND 1810 WEST OCEAN FRONT Narconon ]eases the propem at these addresses utilizing the facilities for the Southern California headquarters of their business, Their c\rcssive occupancy creates negative impact on o"ners and tenants of the ncig111x0rh00d. Their exening,-vents held xvec:kly and lasting fJr more than ? hours inl udes upon ncivhbors' rights to peaceful cgjoyment of their property. L-xcessiye noise at all hours. inside and outside the property (including yelling. arguing. fighting, music. dour slamming. prolanity. and vomiling) exceeds the limits of reasonableness. Prot traffic. truck traffic. loitei ing. spitting on adjoining neighbors property. discarding cigarette butts indiscriminately. and second hand smoke in high volume contribute negatively to our cm irmument. This is a residential neighborhood. The properties are on lots of ;0 -loot xN idth. The Ocean Front facility's only vehicular access is an alley Through ryhich residents wish to access their garages but must share the opportunity for access with Narconods yam trash trucks (blocking alley xyhile dumping). refrigerated semi- trucks dcliNcring food. large delivery trucks for office and business products. carpet cleaning trucks. L nilab trucks for regular blood and urine tests. and periodically paramcdics'fire responding to medical emergencies at 1810. Address: r r Date. i ; '. ATTENTION: Local and State Agencies % LETTER OF COMPLAINT 1810 West Oceanfront, Newport Beach — Narconon of Southern California Inc. This residential triplex property is currently the 'southern California headquarters' of Narconon Inc., a halfway house for drug and alcohol addicts. This is a MAJOR BUSINESS with excessive occupancy in the midst of a residential neighborhood. The city's 'Certificate of Occupancy' indicates 27 persons maximum. Narconon publicizes 32 residential beds and 34 staff in this residential property of three apartments, on a lot only 30 ft. wide. This is a total of 60+ individuals. Within the last 8 weeks, Narconon has leased another property across a narrow alley (1811 West Balboa Blvd.) and added additional beds - two to three BUNK beds per room (including living rooms). Narconon's operation of this Residential Treatment Center creates an excessive disturbance and public nuisance for neighbors. There is excessive noise (including profanity, voices, yelling, music, door slamming, large group celebrations), foot traffic and vehicle traffic. There are only three parking spaces for this property. IF the occupancy is enforced, how can this business with 27 total persons (addicts, employees and staff) operate on this property with only 3 parking spaces, and only accessible via a small alley? The foot traffic is constant in the small alley: arrival /departure, AND to /from the additional property across the alley. There is excessive commercial/business VEHICLE use of a small alley, which is the only vehicle access to the property. These vehicles must past at least 10 residential lots to access Narconon. The vehicle noise, exhaust, door slamming, and alley blockage is a problem numerous times per day. Many of our bedrooms face this alley. Vehicle traffic includes cars from constant entering /exiting property, daily trash trucks, refrigerated semi - trucks delivering food, carpet cleaning vans, plumbing services, multiple commercial vans owned and operated by Narconon, business /office products truck deliveries, and Unilab vans for blood /urine testing, etc. Other problems include the noise of industrial vacuum cleaners that can be heard 4 homes away, and industrial washers /dryers that disturb neighbors night and day. Since buildings are only 6 feet away, several neighbors can hear the sound of vomiting as addicts 'detox' 24 hours a day. Cigarette butts litter neighbors' properties and 2"d hand tobacco smoke affects neighbors. Narconon has operated this state licensed Residential Treatment Center since 1995 without any 'local use permit' (although this is a 'nonconforming use' of a residential property). As neighbors, we were never given the opportunity for notification and a public hearing as provided in City Code Section 20.90.030. Our neighborhood has been 'ill-served' gy the state Alcohol and Drug Programs continued issuance of a state license to Narconon, without a local use permit. Narconon has intruded upon our right to the peaceful utilization of our home. We will confirm the negative, costly. and disturbing impact this 'business' has had to us personally, our homes and families. As a resident/property owner, I wish to file a complaint against the use of this residentially zoned property in this excessive. abusive and inappropriate manner. Additional Comments: Name (print): Signature: Address: 71 4c4c h