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HomeMy WebLinkAboutS20 - Moratorium on Transitory Residential UsesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. S -20 April 24, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Robin Clauson, City Attorney Ext. 3131, rclauson(cDcity.newport- beach.ca.us Aaron Harp, Assistant City Attorney Ext. 3131, aharp(c0.city.newport- beach.ca.us SUBJECT: ADOPTION OF AN INTERIM URGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH, CALIFORNIA, MAKING FINDINGS; ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW RESIDENTIAL USES THAT ARE TRANSITORY IN NATURE SUCH AS PAROLEE - PROBATIONER HOMES, SAFE HOUSES, UNLICENSED RESIDENTIAL CARE FACILITIES AND RESIDENTIAL CARE FACILITIES, GENERAL, AS WELL AS THE ISSUANCE OF NEW • SHORT -TERM LODGING PERMITS IN ALL RESIDENTIAL ZONING DISTRICTS OF THE CITY RECOMMENDED ACTION: Adopt the attached Interim Urgency Ordinance Making Findings; Establishing A Temporary Moratorium In All Residential Zoning Districts On New Residential Uses That Are Transitory In Nature; And Establishing A Temporary Moratorium In All Residential Zoning Districts On The Issuance Of Short-Term Lodging Permits. (Government Code Section 65858 requires a four -fifths vote of voting Councilmembers, and Section 412 of the Newport Beach City Charter requires five affirmative votes of Councilmembers.) BACKGROUND: The City Council has received extensive testimony from concerned citizens regarding the proliferation of group homes and other transient uses in residentially zoned districts in the City of Newport Beach. While the City has undertaken a study of these and similar uses, it has continued to receive applications for additional group homes and other transient uses. In the areas where residents have expressed concern about changes in neighborhood character, nuisance and criminal activity, and a proliferation of new uses, the City has not yet had the time to determine which uses are the source of the impacts reported by community residents. Many of the uses of concern to the residents are protected by various state and federal fair housing laws, requiring the City to have strong Proposed Interim Urgency Ordinance Regarding Uses in Residential Zoning Districts April 24, 2007 Page 2 • justifications before restricting these uses. In addition, in many of the areas where complaints have been made, the City routinely issues short-term lodging permits for vacation rentals. The increasing number of these rentals has been accompanied by nuisance activities and effects similar to those reported for the additional group homes. To prevent the continued expansion of uses that may be harming the residential character of Newport Beach's neighborhoods, the attached interim urgency ordinance will place a 45-day moratorium on new residential uses that are transitory in nature in all residentially zoned areas of the City, and will not allow the issuance of any new short- term lodging permits in those area. The only uses exempt from the moratorium would be: single - family and two- family homes, multifamily homes, licensed family child day care facilities, and licensed residential care facilities serving six or fewer persons. (State law requires that the City treat family child day care facilities and residential facilities serving six or fewer persons as single - family uses.) However, if a new licensed Residential Care, Limited, use were to be operated in conjunction with an existing licensed residential care facility in a manner that creates an "integral facility" that together serves seven or more persons, that new use would not be exempt from the moratorium. In addition, the urgency ordinance would define parolee - probationer homes and safe houses as prohibited uses. As required by fair housing law, uses serving the disabled would have the opportunity to request a "reasonable accommodation" if required to serve the needs of the disabled. • The adoption of the ordinance will provide an opportunity for the City and the community to provide substantial evidence of the impacts created by the various prohibited uses in the City's residential areas and to develop regulations that are tailored to the impacts, protect the community, and comply with fair housing laws. PUBLIC NOTICE: Government Code Section 65858 permits an interim urgency ordinance to be adopted for a 45-day period without following the notice and hearing requirements normally required for adoption of a zoning ordinance. Pre�d by: Subm%) d b Aaroh Harp, Assistant City Attorney Robin Clauson, City Attorney Attachment: Interim Urgency Ordinance Of The City Of Newport Beach, California, Making Findings; Establishing A Temporary Moratorium In All Residential Zoning Districts On All Uses Except Single - Family Residential, Multifamily Residential, Two - Family Residential, Small And Large Family Child Care Homes, And State Licensed Facilities Serving Six Or Fewer Clients; And Establishing A Temporary Moratorium In All Residential Zoning Districts On The Issuance Of Short-Term Lodging Permits • ORDINANCE NO. 2007- AN INTERIM URGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH, CALIFORNIA, MAKING FINDINGS AND ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW RESIDENTIAL USES THAT ARE TRANSITORY IN NATURE SUCH AS PAROLEE - PROBATIONER HOMES, SAFE HOUSES, UNLICENSED RESIDENTIAL CARE FACILITIES AND RESIDENTIAL CARE FACILITIES, GENERAL, AS WELL AS THE ISSUANCE OF NEW SHORT -TERM LODGING PERMITS IN ALL RESIDENTIAL ZONING DISTRICTS OF THE CITY WHEREAS, Section 200 of the City Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; and WHEREAS, Government Code Section 65858 provides that for the purpose of protecting the public safety, health and welfare, the City Council may adopt, without following the procedures otherwise required prior to the adoption of a zoning ordinance, as an urgency measure, an interim ordinance, by a vote of four -fifths (415) majority, prohibiting any uses that may be in conflict with a contemplated general plan, speck plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time; and WHEREAS, Section 412 of the City Charter provides for the adoption as an emergency measure an interim ordinance to preserve the public peace, health or safety by a vote of at least five (5) City Council members; and WHEREAS, in 2006 the City of Newport Beach adopted a new General Plan and the voters adopted a new Land Use Plan. The General Plan includes a vision statement that provides a framework or vision for the City. The first vision is to Preserve Community Character and provides that "We have preserved our character as a beautiful, unique residential community with diverse upland and coastal neighborhoods. We value our colorful past, the high quality of life, and our community bonds. The successful balancing of the needs of residents, businesses and visitors has been accomplished with the recognition that Newport Beach is primarily a residential community;" and WHEREAS, the City has received evidence of increasing numbers of group homes that are transient in nature and operates more like institutional and boarding housing uses than as Single Housekeeping Unit. These uses are concentrated in residential zoning districts R1.5, R -2, and MFR. Uses such as homes for parolees and probationers, group uses, non - residential uses, and other uses are operating as businesses in residentially zoned areas of the City. These uses and the business operations engendered by these 1 uses are changing the unique character and balance of Newport Beach's residential • neighborhood, violating the General Plan's vision that seeks to retain Newport Beach as primarily a residential community, and in many cases placing incompatible uses in residential neighborhoods, contrary to the policies in the City's Land Use Element (Policies LU 1.1, LU 5.1.1, LU 6.2.6 and LU 6.2.7); and WHEREAS, the number of vacation rentals in the City, which are regulated by requiring a short term lodging permit under Chapter 5.95, has grown steadily over many years, and the City now issues short term lodging permits for approximately 801 residential units on 527 parcels to use as transient rentals. Most are located in residential zoning districts R1.5, R.2, and MFR. The numbers and actions of short-term renters require the City to expend extensive resources on expanded law enforcement, code enforcement, refuse collection and other services, and has strained parking and traffic resources, particularly due to traffic blockages created during the weekly change of tenants; and WHEREAS, citizens of the City have expressed significant concerns regarding the impacts that a proliferation of paroleelprobationer, transient, group, non - residential, and commercial uses has on the community, including, but not limited to, impacts on traffic and parking, excessive delivery times and durations, the commercial use of public property, commercial and /or institutional services offered in private residences, more frequent trash collection, daily arrival of staff who live off-site, loss of affordable rental housing, violations of boardinghouse and illegal dwelling unit regulations of the Municipal Code, obvious business operations, secondhand smoke, use of illegal drugs, • and nuisance behaviors such as excessive noise, litter, loud offensive language, and public drunkenness; and WHEREAS, the City has received evidence that residential care facilities licensed to serve six or fewer persons may be operating in duplexes, apartments, as a campus, or as an integral facility serving seven or more persons, but which have not received required governmental approvals; and WHEREAS, Land Use Element Policy 6.2.7 provides that the City shall regulate residential and day care facilities to the maximum extent allowed by federal and state law to minimize impacts on residential neighborhoods; and WHEREAS, in 2004 the City Council adopted an ordinance regulating residential care facilities because the transient nature of the uses became of concern to permanent residents; and WHEREAS, significant concerns have been raised by the community regarding the adequacy of current regulations to maintain the residential character of Newport Beach's residentially zoned neighborhoods; and WHEREAS, on January 23, 2007, the City Council adopted Resolution No. 2007 -5 forming the Intense Residential Occupancy Committee to study and evaluate lawful • solutions and make recommendations to the City Council on local, state and federal 2 • legislation that will allow the City to better mitigate the adverse impacts of intense (dense occupancy and /or transient) residential uses; and WHEREAS, on February 13, 2007, the City Council adopted Resolution No. 2007 -10 initiating an amendment to Title 20 of the Newport Beach Municipal Code to revise land use classifications and definitions related to residential care facilities; and WHEREAS, the City has commenced these studies of appropriate regulations, but additional planning and research are necessary before the City adopts any permanent regulation regarding appropriate uses in residentially zoned districts as well as the issuance of short-term lodging permits; and WHEREAS, the City requires additional time to determine the actual impacts of parolee /probationer, transient, group, non - residential, and commercial uses and short- term lodging permits now permitted in residentially zoned areas. The City also requires additional time to determine appropriate uses in residentially zoned areas, to reduce impacts on residentially zoned areas while complying with federal and state laws protecting the disabled, and to specify appropriate, permitting licensing or registration procedures and desired levels of discretionary review; and WHEREAS, the City Council also needs additional time to receive public comment prior to enacting any permanent regulatory ordinance; and WHEREAS, the City Council finds that owners or operators of parolee/probationer, transient, group, non - residential, and commercial uses and persons desiring to utilize residences to provide short term lodging are likely to submit applications for such uses and /or commence operations of such uses before appropriate regulations and safeguards are in place thereby impacting the peace, health, safety and welfare of the community; and WHEREAS, these uses and facilities may be established in areas that would be inconsistent with surrounding uses or with the character of a residential neighborhood or would be immediately detrimental to the public peace, health, safety, and welfare; and WHEREAS, if those uses are allowed to proceed, such uses could conflict with, and defeat the purpose of, the proposal to study and adopt new regulations regarding these uses. NOW, THEREFORE, the Newport Beach City Council does hereby ordain as follows: SECTION 1: Findings. The City Council finds as follows: A. The above recitals are true and correct and incorporated herein by this reference. 3 B. Based on the recitals above, incorporated into these findings, the City • Council hereby finds and determines that there is a current and immediate threat to the public peace, health, safety, and welfare, and that the establishment, commencement of operations, and /or the issuance of use permits, variances, other permits, business licenses, federal exception permits, or other applicable entitlements providing for the establishment or operation of transient uses such as parolee - probationer homes, safe houses, unlicensed residential care facilities, residential care facilities, general, and short-term lodging pursuant to short-term lodging permits, prior to the City completing a study of the existing and potential impact and regulation of these uses and facilities, would pose a current and immediate threat to the public peace, health, safety, and welfare, and that a temporary moratorium on the establishment of these uses and the issuance of such permits, licenses, and entitlements is thus necessary. C. Based on the recitals above, incorporated into these findings, this ordinance is necessary as an emergency measure to preserve the public peace, health or safety. SECTION 2: Imposition of Moratorium. In accordance with the authority granted the City of Newport Beach by the City Charter and Government Code Section 65858, for a period of forty -five (45) days from and after the date of this ordinance, the following provisions are applicable to all residential districts of the City: • A. No new transitory use shall be established or operated, and no use permits, variances, short-term lodging permits, other permits, business licenses, federal exception permits, or other applicable entitlements for the establishment or operation of any new transitory use shall be approved or issued, unless otherwise expressly provided for herein. Licensed residential care facilities and small and large family child care homes shall be exempt from the provisions of this ordinance. B. No short-term lodging permit may be issued for any dwelling unit unless, on or before April 24, 2007, the City issued to that dwelling unit a short term lodging permit as required by Section 5.95 of the Newport Beach Municipal Code. C. For purposes of this ordinance the following terms shall have the following meanings: 1. "Large family child care homes" shall have the same meaning as the term is defined in Municipal Code Section 20.05.030(A)(1). 2. "Licensed residential care facilities' are State licensed facilities that are maintained and operated to provide nonmedical residential care, day treatment, or foster agency services for six or fewer adults, children, or adults and children and which are required by State law to be treated as a single housekeeping unit for zoning purposes, but not including State licensed facilities that are operated as integral facilities is and together serve seven or more adults, children, or adults and children. Licensed a . residential care facilities shall be subject to all land use and property development regulations applicable to single housekeeping units. 3. "Integral facilities" are two or more licensed residential care facilities that are under the control and management of the same licensee and are integral components of the same facility, such as by providing housing in one facility and recovery, treatment, or other services in another facility, or by designating one facility to provide recovery, treatment, or other services for several residences. 4. "Parolee- probationer homes" shall mean any residential structure or unit, whether owned and /or operated by an individual or a for -profit or nonprofit entity, that houses two or more parolees - probationers in exchange for monetary or non - monetary consideration given and/or paid by the parolee - probationer and/or any public or private entity or person on behalf of the parolee - probationer. A parolee — probationer includes: A) any individual who has been convicted of a federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a federal parole officer; B) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Penal Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; and C) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer. 5. "Residential care facilities, general," shall have the same meaning as the term is defined in Municipal Code section 20.05.030(D). 6. "Residential district" shall mean all areas where the use is designated as a residential use including all residential zoning districts, and residential uses provided for in Planned Community Texts and Special Plan Areas of the City. 7. "Safe houses" shall mean any residential structure or unit, whether owned and/or operated by an individual or a for -profit or nonprofit entity, that houses two or more persons who are not living together as a single family housekeeping unit including, but not limited to, residences providing services to current or former gang members, in exchange for monetary or non - monetary consideration given and/or paid by the current or former gang members and/or any public or private entity or person on behalf of the current or former gang members. 8. "Short term" shall have the same meaning as the term is defined in Municipal Code section 5.95.010(C). 9. "Short term lodging permit" shall mean any permit sought to be acquired or acquired pursuant to the provisions of Chapter 5.95 of the Municipal Code. 10. "Single housekeeping unit" shall have the same meaning as the term is defined in Municipal Code Section 20.03.030. 5 11. `Small family child care homes" shall have the same meaning as • the term is defined in Municipal Code Section 20.05.030(A)(2). 12. "Transitory uses" shall include, but not be limited to new parolee - probationer homes, safe house, unlicensed residential care facilities, residential care facilities, general, short-term lodging pursuant to short-term lodging permits and other similar residential uses that are transitory in nature. 13. "Unlicensed residential care facilities" shall mean any residential structure or unit, whether owned and /or operated by an individual or a for - profit or nonprofit entity, that is not licensed by the State, that is maintained and operated to provide nonmedical residential care, day treatment, or foster agency services for six or fewer adults, children, or adults and children and which is not required by State law to be treated as a single housekeeping unit for zoning purposes, and shall include licensed residential care facilities that are operated as integral facilities and together serve seven or more adults, children, or adults and children. F. As required by State law, the City may continue to accept and process applications for uses prohibited by this moratorium. Any application shall be processed at the applicant's sole cost with the understanding that no use permits, variances, short- term lodging permits, other permits, business licenses, federal exception permits, or other applicable entitlement for a transitory use may be issued until this moratorium is removed. • SECTION 3: Planning Study. The Planning Department with the assistance of the City Attorney's Office is directed to analyze the appropriateness of transientory uses within residential districts in the City of Newport Beach, including but not limited to evaluating the actual impacts of such transitory uses on the residential character of the districts, conflicts in state and federal law, other legal issues regarding such uses, the desirability of such uses, and the extent of regulatory controls, should such uses be thought appropriate in residential districts. SECTION 4: Reasonable Accommodation. In compliance with Fair Housing Laws (42 USC Section 3600 et seq. and Government Code Section 12900 et seq.), it is the City's policy to provide reasonable accommodation in the application of this interim urgency ordinance to any person with a disability who seeks fair access to housing. "Disability" shall have the same meaning as the terms "disability" and "handicapped" in the Fair Housing Laws. A. An application for reasonable accommodation in the application of this interim urgency ordinance shall be made to the Planning Director and shall include: 1. The provision of this ordinance from which accommodation is being requested; 9 • 2. The basis for the claim that the individuals affected are considered disabled under the Fair Housing Laws, and why the accommodation is necessary to provide equal opportunity for housing and to make the specific housing available to the individuals; and 3. Any other information the Planning Director reasonably determines in necessary. B. In making a determination regarding the reasonableness of the requested accommodation, the following factors shall be considered: 1. Special need created by the disability; 2. Potential benefit that can be accomplished by the requested accommodation; 3. Potential impact on property in the vicinity; 4. Physical attributes of the property and structures; 5. Alternative accommodations that may provide an equivalent level of benefit; • 6. In the case of a determination involving a one - family dwelling, whether the occupants would be considered a single housekeeping unit; 7. Whether the requested accommodation would impose an undue financial or administrative burden on the City; 8. Whether the requested accommodation would require a fundamental alteration in the nature of a City program; and 9. Whether granting the request would be consistent with the City's General Plan. C. Any request for reasonable accommodation from the provisions of this ordinance shall be reviewed and considered by the Planning Commission at a public hearing and may be approved, conditionally approved, or denied by the Planning Commission. SECTION 5: Amendments to Ordinance. The City Council by ordinance after notice of public hearing, by the affirmative vote of at least four - fifths (4/5) of the voting City Council Members may modify, amend, delete or add to this ordinance upon a finding that such action will implement and enforce the goals, policies, and purposes of this ordinance. 7 SECTION 6: Compliance with California Environmental Quality Act. • The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; in that it prevents changes In the environment pending the completion of the contemplated municipal code review. SECTION 7: Waiver. The City, on a case by case basis, shall have the authority, upon a showing of good cause by an applicant, to waive the interim prohibition /moratorium imposed by this ordinance. Good cause shall mean a factual and evidentiary showing by the applicant that the interim prohibition /moratorium, if not waived, will deprive the applicant of substantially all reasonable use of his /her property. SECTION 8: Term of Urgency Ordinance; Extension. This interim urgency ordinance shall by operation of law be of no further force and effect forty five (45) days from and after the date of this adoption on April 24, 2007; provided, • however, that after notice of public hearing pursuant to Government Code Section 65090, the City Council Members may by a four -fifths (4/5) vote of the voting City Councilmembers extend this interim or urgency ordinance for an initial period of time up to ten (10) months and fifteen (15) days. Thereafter, after hearing a further one (1) year extension is also permitted. SECTION 9: Severability. The City Council hereby declares that if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 10: Effective Date. This ordinance is hereby declared to be an urgency measure and shall be enforced and be in effect immediately upon its adoption. L-1 • SECTION 11: Publication. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City of Newport Beach within fifteen (15) days of its adoption. This Ordinance was introduced and adopted as an urgency measure at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2007, and adopted on the day of , 2007, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES,COUNCILMEMBERS ABSENT, COUNCILMEMBERS MAYOR ATTEST: CITY CLERK 0 19 9� ,I Q7 + SaC, 3 .y HEALTH VIA HAND DELIVERY April 24, 2007 Re: Agenda Item 820; Proposed Newport Beach Ordinance Honorable Mayor and Members of the City Council of the City of Newport Beach, CRC Health Corporation ("CRC ") owns and operates Sober Living by the Sea. CRC and Sober Living by the Sea are here today to oppose the Ordinance and to correct the numerous false statements that have been made about SLBTS but more importantly to emphasize that SLBTS wants to be a good neighbor and again formally offers its assistance in working with the City of Newport Beach to be part of a solution. The Program Sober Living by the Sea ( "SLBTS ") is a long -term community based residential care facility that provides state of the art evidenced based treatment to approximately 100 residents. Long -term residential care is a highly effective treatment alternative that is generally accessed after a more acute treatment episode in a 28 -day program and prior to a resident's return to their home. Residents are typically more motivated and already into their recovery program. This transition period is a critical step in the recovery process and as the step prior to going home it is very important that the treatment setting mirror, as closely as possible, an actual residential setting. SLBTS has treatment sites licensed and regulated by the California Department of Alcohol and Drug Abuse and sober living homes, housing 1 -6 residents at each home. Each home has a live in manager who is responsible for the whereabouts of each resident throughout the day. SLBTS residents remain in treatment for a minimum of 90 days and as long as 6 months. Approximately 35% of the residents are married, 40% female, 20% of the treatment population is over 40 years of age and the majority of those are professionals, and residents have on average 2 years of college education. SLBTS has been in existence and provided services for over 20 years in Newport Beach. SLBTS has always strived to be, and has felt a part of, the community, the same community that SLBTS is now being accused of ruining. SLBTS has had a "Good Neighbor Policy" in effect for over 20 vears (please see attached policy that is signed by each resident at admission). This policy includes the following; • Two fill time staff members are employed whose sole responsibility is to keep houses and the surrounding area clean at all times. • A minimum of four times daily SLBTS staff inspects each house to assure cleanliness and safety. • 'there are no commercial deliveries to houses at any time. • There are no commercial signs on any house. • Homes are strategically placed in areas that have a high concentration of rental properties in order to minimize impact. • SLBTS has only 5 vehicles used for residents and they are only used on a limited basis. SLBTS staff and residents have done volunteer work at Hoag Hospital, Our Lady of Mt. Carmel Catholic Church, Newport Club, Orange County Registrar of Voters, Someone Cares Soup Kitchen, Boy Scouts of America, Newport Sea Base, American Cancer Society, and the Mariposa Women's Center. SLBTS has invested millions of dollars improving the properties that it operates, it has made contributions to the community and spends over $9m a year at local businesses. Efforts to Work with the City SLBTS has consistently made overtures to the City of Newport Beach to work with the city and the residents to define the "Problem" and to fashion solutions. Foremost, we would like to remain Good Neighbors and will assist in any way we can. SLBTS is uniquely situated to assist. SLBTS had initially assumed that one of its representatives would be appointed to the IROC Committee and were disappointed when that did not occur. In fact, no member of the recovery community is on that committee. If there are problems with any of the SLBTS operations, we wain to know what those problems are. SLBTS is constantly studying its methods, impacts and operations. The "Problem" and Proposed Solution SLBTS is not part of the "Problem." Over the last two months, we have listened to allegations regarding sober living homes — that the sober living homes in Newport Beach are frequented by sex offenders, gang members, parolees, that they increase the traffic, litter, noise and calls to service and that they are an additional burden on the city. The "facts" being used by some members of the public are simply untrue. The map: which was attached to the Tidus lawfirm's handout at the Public Agency conference sponsored by Newport Beach, and which purports to depict the number of Sober Living Homes in one portion of the City, contains several glaring errors, including an inaccurate count of the number of sober living houses. inaccurate bed counts, inaccurate addresses and indicating that a facility which is characterized as a "Flophouse" is owned by SLBTS. That is not a SLBTS property. SLBS has advised people of the inaccuracies yet this map continues to be improperly distributed. • There are claims of drug use. SLBTS tests its residents every 3 days. • SLBTS does not contribute to increased traffic. SLBTS clients are issued bicycles. • No commercial deliveries are made to any SLBTS property. • According to reports provided by the Newport Beach Police Department, calls to service for homes operated by SLBTS are not significant and homes on certain streets have 26 times as many calls as calls to homes operated by SLBTS. • Property value documents that SLBTS has gathered indicate that homes located in close proximity to SLBTS homes have not been adversely impacted. • Allegations of increased litter are not accurate. SLBTS goes to great lengths to maintain its properties and require residents to keep each site clean. In addition, maintenance employees inspect SLBTS properties daily to ensure that each site is clean. SLBT continues to try to determine what negative impacts exist but is unable to determine what these are. Proposed Solution If regulations are to be enacted, they must relate to a legitimate problem. Again, it is still not clear to SLBTS what the "Problem" is. We are afraid that operations, which cause absolutely no impact at all, will be swept up in a race to enact "reforms," and that SLBTS will be adversely impacted by these regulations regardless of the fact that the "Problems" are unconnected to its operations. We believe that Newport Beach could better spend its resources on vigorous code enforcement rather than broad (and what we believe to be unconstitutional) regulations. If there are specific residences that cause problems, we think it would make sense to use existing code enforcement as a means for bringing such houses into compliance, or to close them down. The Ordinance We wish to advise you that we believe the proposed ordinance (the "Ordinance ") is unlawful and unwise. The Ordinance contravenes federal and state statutes, rules and regulations, and portions of our State and Federal Constitutions. We also do not believe that the Ordinance carries out appropriate public policy. The 1988 Fair Housing Amendments Act ( "Fair Housing Act") prohibits discrimination against the handicapped. The recovering population is a handicapped group entitled to the protection of the Fair Housing Act. The Fair Housing Act was clearly intended to curb land use restrictions on group housing opportunities for the handicapped. The House Judiciary Committee ( "Committee ") Report regarding the Fair Housing Act explicitly stated that it was intended to apply to state or local land use, health and safety laws, regulations, practices or decisions which discriminate against individuals with handicaps. The Report also stated that the Committee intends for the prohibition against apply to zoning provisions and practices. The breadth of this Congressional concern was reflected in the Committee's statement that the Fair Housing .Act is intended to prohibit the application of special requirements through land -use regulations, restrictive covenants, and conditional or special use permits that have the effect of limiting the ability of such individuals to live in the residence of their choice in the coin mnnity. The recovering population deserves reasonable accommodation as required by the Fair Housing Act. CRC Health Group, Inc., as the largest provider of behavioral health services in the United States, is prepared to act in any manner necessary to preserve people's access to treatment. Sincerely, Pamela B. Burke VP and General Counsel Enactment of the Proposed Moratorium Ordinance Would Constitute a Violation of the Federal Housing Act Federal Law specifically provides protected status for people in recovery from drug and alcohol addiction. Over a period of 20 years, a body of statutory law and court decision has refined the protections. Section 802 of the Fair Housing Act as amended in 1988 ( "FHAA ") (42 U.S.C. 3602), defines people in recovery from substance abuse as "handicapped," because their use of drugs and/or alcohol, "... substantially limits one or more of such person's major life activities. "' Relying on §806 of FHAA (42 U.S.C.3606), the 4th Circuit concluded: "... [W]e believe that Congress intended to recognize that addiction is a disease from which, through rehabilitation efforts, a person may recover, and that an individual who makes the effort to recover should not be subject to housing discrimination based on society's accumulated fears and prejudices associated with drug addiction." United States v. Southern Management Corporation, 955 F2d 14, at 923 (4a' Cir. 1992) FHAA further provides that people in recovery must receive "... reasonable accommodation, in rules, policies, practices or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling." [See 42 U.S.C. 3604(f)(3)(B)] Only "reasonable local, State or Federal regulations" are permitted, and then only the maximum number of residents may be regulated. [See 42 U.S.C. 3607(b)(1)] The same rule has been repeatedly applied in California, most notably in Gamble v. Citv of Escondido 104 F3d. 300 at pg. 306 -6, (9t" Cir. 1997, where the rule was specifically applied to purportedly necessary municipal land use regulation. Given this statutory framework, it is impossible for the proposed moratorium to be enforceable. As applied, it will hit sober living residences with full force, because applications for new facilities will be frozen [See Point 3.1), below]. If this enactment is a prelude to future extensions, then serious harm will result to the recovery community. ' It is important to note that the protections do not extend to active alcoholics or addicts. The protection extends, specifically, to people in recovery. [See 42 U.S.C. 3602(h)(3)]. That is precisely the class inhabiting "sober living residences" in Newport Beach. II Enactment of the Proposed Moratorium Ordinance Would Constitute A Violation of the California Law California enacted substantially similar laws when the Fair Employment and Housing Act was amended in the 80's. [See Government Code § 12955 et seq.] Judicial decision had allowed "unrelated" individuals to live in a residential neighborhood [See City of Santa Barbara v. Adamson 27 Cal. 3d 123 (1980)] Legislation was needed only to determine how unrelated individuals, in recovery, were to be regulated. The legislative response was crystal clear. Health and Safety Code § 11834.23, specifically defines a drug and alcohol recovery facility, with 6 or fewer residents, as a permissible residential use, and forbids inclusion of such facilities within the definition of boarding houses and group homes. It further forbids regulation of anything beyond lot and building size and signs, and specifically forbids use permits or variances. The very next section in the code, Health and Safety Code § 11834.24 forbids denial of permits or entitlements, if the applicant otherwise qualifies. Clearly the blanket enactment of a Moratorium would run afoul of these restrictions, as well as the federal legislation. III There is No Evidence before the City Council To Sustain the Findings required to Adopt a Moratorium A. There is no factual basis sunnortin¢ the Ordinance There is nothing in the staff report to substantiate any threat to the health or safety of the residents of Newport Beach. [See Staff Report for Item S -20, Dated April 24, 2007] Public testimony provided nothing more. Such an absence of factual support has been determined to be fatal to any municipal regulation of facilities for the handicapped. [See Gamble v City of Escondido, supra, pg 306 When one looks at the police reports, building and zoning inspections, vehicle and transportation impacts and other local issues, it is clear that sober living residences have less of an impact on the City than other uses in the same zone. It is also important to notice that none of the facilities complained of are actually located in single - family zones. Virtually all of the residential facilities are in neighborhoods that are zoned for and developed with multi family structures, where approximately 20% of the buildings are devoted to transient, summer rental. [See testimony of Brian Burke and the exhibits submitted] Given this factual background, it is impossible to find a legitimate governmental purpose in the proposed moratorium. B. None of the Findings for enactment of a Moratorium Ordinance can be made. A Moratorium Ordinance is regarded as a severe and drastic measure, because it divests someone of the ability to use their property. For this reason, it must be based on facts that actually document the existence of a problem. If a legitimate governmental interest cannot be demonstrated, and no less drastic measure was appropriate, a moratorium ordinance can be determined to be a taking, of the property involved. Even a temporary moratorium can result in a taking that is subject to compensation under the eminent domain law. First English Evangelical Church of Glendale v. County of Los Angeles, 201 Cal. App 3d 1353 (1989); and Lockeryv. Kayfetz, 908 F2d 543 (9'b Cir. 1990) In the current matter, there is absolutely no credible evidence to substantiate a broad problem related to sober living residences. They do not contribute to crime. They seem to diminish it. They do not contribute to traffic, indeed, they seem to diminish it. They also do not contribute to noise, trash, or any other unwanted condition. Based on such a record, the Moratorium Ordinance would not be upheld, if challenged. While a 45 day moratorium may not cause any problems, it remains to be seen how it will be enforced. If pending applications cannot be processed, or if existing facilities are targeted for administrative actions, a taking will have occurred, and damage will become the only reasonable remedy. C. None of the Findings necessary for the enactment of an Urgency Ordinance can be made Again, an Urgency Ordinance requires specific factual support that a serious problem exists and that it requires an immediate solution. Here, all of the facts point against the adoption of the ordinance, By the general rule, an Urgency Ordinance must be accompanied by facts and factual findings that demonstrate that the public health and safety require an immediate, legislative response. Parr v. Municipal Court, 3 Cal. 3d 861 (1971) certiorari denied, sub nom City of Carmel -bythe Sea v. Parr, 404 U.S. 869 (1971) On such a record, an urgency ordinance cannot be legally adopted. D. The Proposed Ordinance has a discriminatory impact or effect on sober living residences. The proposed ordinance attempts to make it appear that it is aimed at all "transitory residential uses." by including "summer rentals" within its ambit. As of one week ago, 801 summer rental permits had been issued. Everyone who wants to engage in that business has already been provided the necessary entitlements. However, there are several applications for sober living residences which the City has 3 refused to process. (See attached letter from the City Planning Department) They, of course, will be completely stymied. Summer Rental permits, even for 10 or more residents, are available for the asking. They average 8 or more people per unit, and even those limitations are never enforced. [Testimony of Brian Burke and Exhibits.] What appears as an evenhanded policy is, in reality, the classic case of "discriminatory effect." Similar efforts have been tried before, and have always been struck down. Oxford House, Inc. v. City of Babylon, 819 F. Supp. 1179 (E. Dist. N.Y. 1993). Gamble v. City of Escondido, supra. E. Conclusion The proposed Moratorium Ordinance has no factual basis to justify its enactment. The ordinance proposes a solution that is unnecessary and unduly harsh. The ordinance is also inconsistent with the Laws of the United States of America and the State of California. The City should step back and decline to enact the ordinance. 4 PLANNING DEPARTMENT April 3, 2007 Danielle Farnsworth Sober Living by the Sea 2811 Villa Way Newport Beach, CA 92663 Re: 4711 Seashore.& 6110 W. Ocean Front Dear Ms. Farnsworth, Staff has received your inspection request and the initial applications to the Department of Alcohol and Drug Programs for the two addresses. However, prior to authorizing the inspection of the addresses, additional information is needed. Please provide a written description of the operational characteristics of the two properties, including how and where food service and counseling/treatment is provided to the residents of the units.. Sincerely, Jaime Murillo Associate Planner 3300 Newport Boulevard Post Office Box 17W Newport Beach Califorroa 92653 -8915 Telephone: (949) 644 -3200 It= 1949) 644 - 3229 - www.city.newport- beach.ca -us Newport Beach Police D Bob McDonell ChisjojPolice KAMISATO �VI �,�j 11.1 —jDT) ent 870 Santa Barbara Drive -PO. Box 7000 - Newport Beach, CA 9:658 -7000 Disturbance Notification June 21. 2006 503 This notice is in reference to police officers having to respond to your property at 109 43, NEWPORT BEACH. CA for the third time within a twelve (12) month period. Police officers were required to respond to pa^ d:S:::OariGvS at your property On the dates ai':d Fd tre tiits 6 n0 �ed b'91GrV. DAC Date Time Address Tenant /Contact 8310 06/18/2006 03:00 AM 109 43 A MATE JACKSON 8309 06/17/2006 10:15 PM 109 43 A MATT JACKSON 7887 08/07/2005 02:42 AM 109 43 A MATT JACKSON The Cky of Newport Beach has established civil fines for violations of Municipal Code 5.95 pertaining to the regulation and operation of short term rental units. The ability to offer residential rentals on a short term basis is contingent upon compliance with the requirements of section 5.95.050. This section requires short term rental property owners to, upon notification that occupants or guests have created a disturbance, promptly take necessary action to prevent a recurrence of such conduct by the tenants or guests of their property. Failure to take necessary steps to prevent a .recurrence in any twelve (12) month period will result in penalties from a $250 fine for a first violation, $500 fine for a second violation, and a $1000 fine for a third violation, and possible revocation of your permit to operate a short term rental unit. Due to the fact that this is a third response, within one year, you will be receiving a bill from the Newport Beach Finance Department in the amount of $500, for failing to comply with the requirements of 5.95.050. A fourth response will result in a $1000 fine and possible permit revocation. It is your responsibility to ensure N y your 'cn 5 I p 'Oi. ?!T` does ro •e. -: i.e addi'r:l. ^.. , 7, ' fI }7.^ . artnnt: Cn f C? bate Ai r u.h 7.n r c Your immediate attention to this matter is vital. Please contact me at (949) 644 -3652 at your earliest convenience. Ofc Todd Hughes Environmental Services Officer Office of the Chief (949) 644 -3701 Support Services (949) 6443654 • Patrol- Traffic (949) 654 -3732 Detectives (949) 644 -3790 ORDINANCE NO. 2007- AN INTERIM URGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH, CALIFORNIA, 'MAKING FINDINGS AND ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW RESIDENTIAL USES THAT ARE TRANSITORY IN NATURE SUCH AS PAROLEE - PROBATIONER HOMES, SAFE HOUSES, UNLICENSED RESIDENTIAL CARE FACILITIES AND RESIDENTIAL CARE FACILITIES, GENERAL, AS WELL AS THE ISSUANCE OF NEW SHORT -TERM LODGING PERMITS IN ALL RESIDENTIAL ZONING DISTRICTS OF THE CITY WHEREAS, Section 200 of the City Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; and WHEREAS, Government Code Section 65858 provides that for the purpose of protecting the public safety, health and welfare, the City Council may adopt, without following the procedures otherwise required prior to the adoption of a zoning ordinance, as an urgency measure, an interim ordinance, by a vote of four -fifths (4/5) majority, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time; and WHEREAS, Section 412 of the City Charter provides for the adoption as an emergency measure an interim ordinance to preserve the public peace, health or safety by a vote of at least five (5) City Council members; and WHEREAS, in 2006 the City of Newport Beach adopted a new General Plan and the voters adopted a new Land Use Plan. The General Plan includes a vision statement that provides a framework or vision for the City. The first vision is to Preserve Community Character and provides that "We have preserved our character as a beautiful, unique residential community with diverse upland and coastal neighborhoods. We value our colorful past, the high quality of life, and our community bonds. The successful balancing of the needs of residents, businesses and visitors has been accomplished with the recognition that Newport Beach is primarily a residential community ;" and WHEREAS, the City has received evidence of increasing numbers of group homes that are transient in nature and operates more like institutional and boarding housing uses than as Single Housekeeping Unit. These uses are concentrated in residential zoning districts R1.5, R -2, and MFR. Uses such as homes for parolees and probationers, group uses, non - residential uses, and other uses are operating as businesses in residentially zoned areas of the City. These uses and the business operations engendered by these uses are changing the unique character and balance of Newport Beach's residential neighbofheedneighborhoods, violating the General Plan's vision that seeks to retain Newport Beach as primarily a residential community, and in many cases placing incompatible uses in residential neighborhoods, contrary to the policies in the City's Land Use Element (Policies LU 1.1, LU 5.1.1, LU 6.2.6 and LU 6.2.7); and WHEREAS, the number of vacation rentals in the City, which are regulated by requiring a short term lodging permit under Chapter 5.95, has grown steadily over many years, and the City now issues short term lodging permits for approximately 801 residential units on 527 parcels to use as transient rentals. Most are located in residential zoning districts R1.5, R.2, and MFR. The numbers and actions of short-term renters require the City to expend extensive resources on expanded law enforcement, code enforcement, refuse collection and other services, and has strained parking and traffic resources, particularly due to traffic blockages created during the weekly change of tenants; and WHEREAS, citizens of the City have expressed significant concerns regarding the impacts that a proliferation of parolee /probationer, transient, group, non - residential, and commercial uses has on the community, including, but not limited to, impacts on traffic and parking, excessive delivery times and durations, the commercial use of public property, commercial and /or institutional services offered in private residences, more frequent trash collection, daily arrival of staff who live off -site, loss of affordable rental housing, violations of boardinghouse and illegal dwelling unit regulations of the Municipal Code, obvious business operations in residences, secondhand smoke, use of illegal drugs, and nuisance behaviors such as excessive noise, litter, loud offensive language, and public drunkenness; and WHEREAS, the City has received evidence that residential care facilities licensed to serve six or fewer persons may be operating in duplexes; and apartments, as a campus; or as an integral facility serving seven or more persons, but whidh have not Feee:aed_wAh_out required governmental approvals; and WHEREAS, Land Use Element Policy 6.2.7 provides that the City shall regulate residential and day care facilities to the maximum extent allowed by federal and state law to minimize impacts on residential neighborhoods; and WHEREAS, in 2004 the City Council adopted an ordinance regulating residential care facilities because the transient nature of the uses became of concern to permanent residents; and WHEREAS, significant concerns have been raised by the community regarding the adequacy of current regulations to maintain the residential character of Newport Beach's residentially zoned neighborhoods; and WHEREAS, on January 23, 2007, the City Council adopted Resolution No. 2007 -5 forming the Intense Residential Occupancy Committee to study and evaluate lawful solutions and make recommendations to the City Council on local, state and federal FA legislation that will allow the City to better mitigate the adverse impacts of intense (dense occupancy and /or transient) residential uses; and WHEREAS, on February 13, 2007, the City Council adopted Resolution No. 2007 -10 initiating an amendment to Title 20 of the Newport Beach Municipal Code to revise land use classifications and definitions related to residential care facilities; and WHEREAS, the City has commenced these studies of appropriate regulations, but additional planning and research are necessary before the City adopts any permanent regulation regarding appropriate uses in residentially zoned districts as well as the issuance of short-term lodging permits; and WHEREAS, the City requires additional time to determine the actual impacts of parolee /probationer, transient, group, non - residential, and commercial uses and short- term lodging permits now permitted in residentially zoned areas. The City also requires additional time to determine appropriate uses in residentially zoned areas, to reduce impacts on residentially zoned areas while complying with federal and state laws protecting the disabled, and to specify appropriate, permitting licensing or registration procedures and desired levels of discretionary review; and WHEREAS, the City Council also needs additional time to receive public comment prior to enacting any permanent regulatory ordinance; and WHEREAS, the City Council finds that owners or operators of parolee /probationer, transient, group, non - residential, and commercial uses and persons desiring to utilize residences to provide short term lodging are likely to submit applications for such uses and /or commence operations of such uses before appropriate regulations and safeguards are in place thereby impacting the peace, health, safety and welfare of the community; and WHEREAS, these uses and facilities may be established in areas that would be inconsistent with surrounding uses or with the character of a residential neighborhood or would be immediately detrimental to the public peace, health, safety, and welfare; and WHEREAS, if those uses are allowed to proceed, such uses could conflict with, and defeat the purpose of, the proposal to study and adopt new regulations regarding these uses. NOW, THEREFORE, the Newport Beach City Council does hereby ordain as follows: SECTION 1: Findings. The City Council finds as follows: A. The above recitals are true and correct and incorporated herein by this reference. K, 0 0 B. Based on the recitals above, incorporated into these findings, the City Council hereby finds and determines that there is a current and immediate threat to the public peace, health, safety, and welfare, and that the establishment, commencement of operations, and /or the issuance of use permits, variances, other permits, business licenses, federal exception permits, or other applicable entitlements providing for the establishment or operation of transient uses such as parolee- probationer homes, safe houses, unlicensed residential care facilities, residential care facilities, general, and short-term lodging pursuant to short-term lodging permits, prior to the City completing a study of the existing and potential impact and regulation of these uses and facilities, would pose a current and immediate threat to the public peace, health, safety, and welfare, and that a temporary moratorium on the establishment of these uses and the issuance of such permits, licenses, and entitlements is thus necessary. C. Based on the recitals above, incorporated into these findings, this ordinance is necessary as an emergency measure to preserve the public peace, health or safety. SECTION 2: Imposition of Moratorium. In accordance with the authority granted the City of Newport Beach by the City Charter and Government Code Section 65858, for a period of forty -five (45) days from and after the date of this ordinance, the following provisions are applicable to all residential districts of the City: A. No new transitory use shall be established or operated, and no use permits, variances, short-term lodging permits, other permits, business licenses, federal exception permits, or other applicable entitlements for the establishment or operation of any new transitory use shall be approved or issued, unless otherwise expressly provided for herein. Licensed residential care facilities and small and large family child care homes shall be exempt from the provisions of this ordinance. B. No short-term lodging permit may be issued for any dwelling unit unless, on or before April 24, 2007, the City issued to that dwelling unit a short term lodging permit as required by Section 5.95 of the Newport Beach Municipal Code. C. For purposes of this ordinance the following terms shall have the following meanings: 1. "Large family child care homes" shall have the same meaning as the term is defined in Municipal Code Section 20.05.030(Ax1). 2. "Licensed residential care facilities" are State licensed facilities that are maintained and operated to provide nonmedical residential care, day treatment, or foster agency services for six or fewer adults, children, or adults and children and which are required by State law to be treated as a single housekeeping unit for zoning purposes, but not including State licensed facilities that are operated as integral facilities and together serve seven or more adults, children, or adults and children. Licensed 4 residential care facilities shall be subject to all land use and property development regulations applicable to single housekeeping units. 3. "Integral facilities" are two or more licensed residential care facilities that are under the control and management of the same licensee and are integral components of the same facility, such as by providing housing in one facility and recovery, treatment, or other services in another facility, or by designating one facility to provide recovery, treatment, or other services for several residences. Licensed 4. "Parolee- probationer homes" shall mean any residential structure or unit, whether owned and /or operated by an individual or a for - profit or nonprofit entity, that houses two or more parolees - probationers in exchange for monetary or non - monetary consideration given and /or paid by the parolee - probationer and /or any public or private entity or person on behalf of the parolee - probationer. A parolee — probationer includes: A) any individual who has been convicted of a federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a federal parole officer; B) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Penal Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; and C) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer. 5. `Residential care facilities, general," shall have the same meaning as the term is defined in Municipal Code section 20.05.030(D). 6. "Residential district' shall mean all areas where the use is designated as a residential use including all residential zoning districts, and residential uses provided for in Planned Community Texts and Special Plan Areas of the City. 7. "Safe houses" shall mean any residential structure or unit, whether owned and/or operated by an individual or a for - profit or nonprofit entity, that houses two or more persons who are not living together as a single family housekeeping unit including, but not limited to, residences providing services to current or former gang members, in exchange for monetary or non - monetary consideration given and /or paid by the current or former gang members and /or any public or private entity or person on behalf of the current or former gang members. 8. "Short term" shall have the same meaning as the term is defined in Municipal Code section 5.95.010(C). 9. "Short term lodging permit' shall mean any permit sought to be acquired or acquired pursuant to the provisions of Chapter 5.95 of the Municipal Code. 5 10. "Single housekeeping unit" shall have the same meaning as the term is defined in Municipal Code Section 20.03.030. 11. "Small family child care homes" shall have the same meaning as the term is defined in Municipal Code Section 20.05.030(A)(2). 12. "Transitory uses" shall includ , new residential uses where the average tenancy is usually less than ninety (90) days including but not-be limited to new parolee - probationer homes, safe house, unlicensed residential care facilities, residential care facilities, general, short-term lodging pursuant to short-term lodging permits and other similar residential uses that are transitory in nature. 13. "Unlicensed residential care facilities" shall mean any residential stFuGtuFe 9F unit, whether owned and/eF operated by -an. iRGJiViG_11_N9I eF A _f9r__p4!(3f1t__o1r ne°p efit- entity,care facility. limited, as the term is defined in Municipal Code Section 25.05.030(E) that is not licensed by the State, that is maintained and ....erate d to provide nonmediGal residential oaFe, day treatment, or foster agency-sePAGes4aF-si� be tFeated as. a adults, ' rrl -149uneLeeon"r i4 for zening purposes, and shall F. As required by State law, the City may continue to accept and process applications for uses prohibited by this moratorium. Any application shall be processed at the applicant's sole cost with the understanding that no use permits, variances, short- term lodging permits, other permits, business licenses, federal exception permits, or other applicable entitlement for a transitory use may be issued until this moratorium is removed. SECTION 3: Planning Study. The Planning Department with the assistance of the City Attorney's Office is directed to analyze the appropriateness of transientory uses within residential districts in the City of Newport Beach, including but not limited to evaluating the actual impacts of such transitory uses on the residential character of the districts, conflicts in state and federal law, other legal issues regarding such uses, the desirability of such uses, and the extent of regulatory controls, should such uses be thought appropriate in residential districts. SECTION 4: Reasonable Accommodation. In compliance with Fair Housing Laws (42 USC Section 3600 et seq. and Government Code Section 12900 et seq.), it is the City's policy to provide reasonable accommodation in the application of this interim urgency ordinance to any person with a disability who seeks fair access to housing. "Disability" shall have the same meaning as the terms "disability" and "handicapped" in the Fair Housing Laws. A. An application for reasonable accommodation in the application of this interim urgency ordinance shall be made to the Planning Director and shall include: R 1. The provision of this ordinance from which accommodation is being requested; 2. The basis for the claim that the individuals affected are considered disabled under the Fair Housing Laws, and why the accommodation is necessary to provide equal opportunity for housing and to make the specific housing available to the individuals; and 3. Any other information the Planning Director reasonably determines in necessary. B. In making a determination regarding the reasonableness of the requested accommodation, the following factors shall be considered: 1. Special need created by the disability; 2. Potential benefit that can be accomplished by the requested accommodation; 3. Potential impact on property in the vicinity; 4. Physical attributes of the property and structures; 5. Alternative accommodations that may provide an equivalent level of benefit; 6. In the case of a determination involving a one - family dwelling, whether the occupants would be considered a single housekeeping unit; 7. Whether the requested accommodation would impose an undue financial or administrative burden on the City; 8. Whether the requested accommodation would require a fundamental alteration in the nature of a City program; and 9. Whether granting the request would be consistent with the City's General Plan. C. Any request for reasonable accommodation from the provisions of this ordinance shall be reviewed and considered by the Planning Commission at a public hearing and may be approved, conditionally approved, or denied by the Planning Commission. SECTION 5: Amendments to Ordinance. The City Council by ordinance after notice of public hearing, by the affirmative vote of at least four -fifths (4/5) of the voting City Council Members may modify, amend, delete or 7 add to this ordinance upon a finding that such action will implement and enforce the goals, policies, and purposes of this ordinance. SECTION 6: Compliance with California Environmental Quality Act. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; in that it prevents changes in the environment pending the completion of the contemplated municipal code review. SECTION 7: Waiver. The City, on a case by case basis, shall have the authority, upon a showing of good cause by an applicant, to waive the interim prohibition /moratorium imposed by this ordinance. Good cause shall mean a factual and evidentiary showing by the applicant that the interim prohibition /moratorium, if not waived, will deprive the applicant of substantially all reasonable use of his/her property. SECTION 8: Term of Urgency Ordinance; Extension. This interim urgency ordinance shall by operation of law be of no further force and effect forty five (45) days from and after the date of this adoption on April 24, 2007; provided, however, that after notice of public hearing pursuant to Government Code Section 65090, the City Council Members may by a four -fifths (415) vote of the voting City Councilmembers extend this interim or urgency ordinance for an initial period of time up to ten (10) months and fifteen (15) days. Thereafter, after hearing a further one (1) year extension is also permitted. SECTION 9: Severability. The City Council hereby declares that if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 10: Effective Date. This ordinance is hereby declared to be an urgency measure and shall be enforced and be in effect immediately upon its adoption. SECTION 11: Publication. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City of Newport Beach within fifteen (15) days of its adoption. This Ordinance was introduced and adopted as an urgency measure at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2007, and adopted on the day of , 2007, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COU NCI LMEMBERS ABSENT, COUNCILMEMBERS zu ATTEST: CITY CLERK q �aal )--/ - s --;�o ( D1 PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 ■ We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homes /residential care and treatment' facilities on the Balboa Penninsula alone,a majority of which are drug &alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. Name Address ! y 0 Q. 64Y ��� �•Q Signature ress 5 A' C CU . $4, 4w' (V . 6, A Name[Q Signatu �3 . (. J&"ddress gig Signatu Signatu Signatu Name /' GA "z6LE/`t Ad Signature z /a)- ress 907 No-S� �Ay AC1 � , "J-,\ PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA 0Q RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 • We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homes /residential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug&aichohoi rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. • Name Jo rte/ - W, Address Signature( < /__ Name F� f�Y� Address el Al- wi M ?7-.4 ?7-Z61 r L Name %P,, n Address 111)4 % L ✓. i �7ai <; /i,, -- �/ %L Signature Name Address "M,, y��-� Signature V�` Name /%' ddress / C) 3 • A azu Signature o/ 61 PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA 0 RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homes /residential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug &alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. Name Signature_ Name � `>� 0 '� v . Address t Z Or Signature i C" Signature Name it� Address Signature Name Address � Signature Q(K) IFQ r,! ZZ _/I , <�k T2- �1 j • Name -� Address • Signature n y. Name i � P�7- ddress Signature Na me M1'1 ddress y � ��r.e Iv(I. 7 ',ua v n� Address Name G'.j,'e4� /�i�il' Address Signature / PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA CD RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 ■ We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homes /residential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug &alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. ■ Nar Sig Sig ne .. .1 L �Jn ✓� t AddrPCC M C� -`� Aya. NJ3 CA wi t L. Name W,� + �� 5'�e+ AddressJ!J(4 (,Jf5t ccz��t���^�,N,� Signature) _1 0�. /C. Name Address lcl m �.o ; ✓% ��a h��.r�. ,1,� Signature • Name _,3 • Signature f49. �u r �7j%• CS-) PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homes /residential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug &alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. Name l�cr,�. i_�r. .� Address f c c� w �+<_«_ r •._� /U�. Signature Name ( ,' v li ° i11b Address 11 I �_.,.)C._s'� ��.... b.'b�'�( Signature -',r %d Name /Address Signature Name;' ,...n�:l =VV %:'l ^�S Address ` `f yzis`, ��1�t60\- 6t niy`7, Signature Name Address Al �) Signature i Name / ' ESN � Address 1'6 C , l-OW T! . N Signature n r Name "� (Y2 A Y Address c' ? Z. l ate xyff Signature Name , �'lt�9 �l7 �L� i' Address Signature Namer%r)mA,Jk r7AmiO,ntil Addrecc IRI1 LJ. 00—E Q FO-elur t'J Name C Frt . /� L Address /ga L 1,1 C CFlzir 7c nV Nc3 1086 Signature_- r G L E2AAt� Address k 9 66 \ 1 O P —I U C PETITION FOR URGENT ARATORIUM ON ALL "GROt19 HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homes /residential care and treatment' facilities on the Balboa Penninsula alone,a majority of which are drug &alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses Impacts and uses,and develops revised municipal regulations to successfully manage the problem. Sig Signature 11 nr r /u, SCL ( bow,, bbd Name Address_Z 6 `> Gds B-Z a"" Signature Name AAR- �. Address (72`( ®� �� P1• Signature Sin PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homes /residential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug &alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. Signature Signature /k �-., Name C %. -2A Address Signature XA44g At-, Name ��1� �i�^'� r,/} �a Address Signature // Dpl 4) c�76ejx1 / eDff 7"' dl Gr./Qd Name 1314-e s,kic > Address 4� Signature N i 4 Signatu /Yz, L • Name i s�� �� LeA-" Address Q i & W g° l vr( • Signature V,-Rl t a 1A ) . Dc Signatu Name Lpk Address 17D7 3,11&A Signature n Name Rhh;tV C nA,�A. Address 1767 YZ w 3ALboA N `��66 a(96 3 Wf�� PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homes /residential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug &alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. Name PA> ka-4 Ruc./4 Address / /av Signature Name I Address / /a.) /��4L�• t4,% Signature Name Address//2-ti Name ' f A(3\1 C L`7'rM Address Signature ("nJ Name 5��.�, ~., Address Signature- Name & / Address Signatures� Names L/,.0 CAIVA.94 Addracc �29 L✓ �Cfn ^'.ry u ,via y2(�6l ii. I' v - - Signature /G-ze,17 Cam. Nam a ih 9A ddress4sa Signature Sig Sig DZ & 7-4(,.& y'LG6 COY ,PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homes/residential care and treatment" facilities on the Balboa Penninsula Alone,a majority of which are drug&alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. Signature, Sig Sig Nar Sig d I aLr Sig j!iAddress V-C,4 Address 1 R g z IJ- IJ- M - ress IBC' I W- Name -� \ M , (3- Address t2 Signature Name t \I i,45Yn QW)Otll S Address ■ Si Name - A,4revs Address 113 /t?TF 57 Al, LIL Signature Name uU Address A S7- A4 ig Signature 1+*14 'k X). f� Name - 0 -' Ivr -16L. Address 17 17 57 Signaturie 1 .1 Name 77 1- -- JVA-1) k Address rA 413 Signatur -- Name fll 1 C �J )'A�[jJ -L Address I cl I P 4,-r. Signature CS.. �o PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,Callfomia, hereby petition to the City Council of Newport Beach to authorie and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homes/residential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are dmg&alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse Impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associates with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. 9 av,&3 P3 '6 3 PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 28,2007 We the citizens of Newport Beach,Califbmia, hereby petition to the City Council of Newport Beach to authorize and enact an Immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homeslresidentiai care and treatment' facilities on the Balboa Penninsula alone,a majority of which are drug&alchohol rehab and "sober living" type facilities Including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. a � `'�`t• — • 1 97= v Name Address Signature 3 y� 0 060 V ,,6 W �— 44 C.� ia PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,Californla, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homeslresidentlal care and treatment' facilities on the Balboa Penninsula alone,a majority of which are drug&alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse Impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problerp. 4 riv /— Address a ?T Iw I Address, j� r eddrem 2 3 1,A T,-' S-r� Z PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There over 100 known "group homesimsidential care and treatment" facilities the Balboa Penninsula alone,a majority of which are dmg&alchohol rehab and "sober I 'ng" typefa611ities Including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burvdens assoclated with this overconcentration while the City furtheff assesses Impacts and uses,and develops revised municipal regulations to successfully manage the problem. Name .1444 h Address l�� pwe xz- o C? r Name (+Pk i' Address Signature ■ Name 4 Vo 5 t4 ✓J o Sm--/P 0 5f 12�r'PS '063 PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,Califomia, hereby. petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all reeklential care and treatment and other types of group homes. There are over 100 known "group homealresideMiai care and treatment" facilities on the Balboa Penniraula alone,a majority of which are drug&alchohol rehab and "sober living" type facilities including parties on probation or parole. This orerconcentrailon has created adverse Impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the Cly further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. • Name Address • Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature C'.A ?,(oQ-3 C. -� 3 (5 PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 2 6,2007 We the citizens of Newport Beach,Cailfornia, hereby petition to the City Council of Newport Beach to authorise and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. Then: are over 100 known "group homeslresidential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug&alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium Is needed to mitigate for burdens associated with this overconcentration while the City further assesses Impacts and uses,and develops revised municipal regulations to successfully manage the problem. • Name Address • Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature r3 PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA, RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,Callfornia, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homes/residential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug&alchohol rehab and "sober living" type facilities Including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium Is needed to mitigate for burdens associated with tht overconcentradon while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. 0 TorMVAdr1. ;L-)-G wa.lnUf S�- a3g CQdcr. -r s% Nam epa �9 E4 e- Address C alviall- 6l Co Signatures a e,o I Name L k � &a r IN a.ifiman S C ar�o� ( Ci r cA P 3 C Signature Name J79 0�k/ e K lG h-,*V Address Signature Name Jdiv0040-1 Address 3 °vim �r/u PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 25,2007 We the citizens of Newport Beach,Califomia, hereby petition to the City Council of Newport Beach to authorize and enact an Immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homeeiresidential care and treatment" facilities on the Balboa Pennlnsula aloneA majority of which are drug&alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse Impact on residents and the community at large. A Moratorium Is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. Name L)fffv1r Addrasa 3 V Ql✓tix' Av, Qz613 PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA 1 RESIDENTIAL CARE ,& TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH.: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an Immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homeslresidential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug&alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. Name nAti- TD 1F1ti So rJ dddnana rf $ 3-�), K [ V L2 /A\J C . Name C.I. Address Signature Loo -Qncf-� s PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 It We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an Immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homeslresidential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug&alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconc:entration has created adverse Impact on residents and the community at large. A Moratorium Is needed to mitigate for burdens associated with this overconcentradon while the City further assesses Impacts and uses,and develops revised municipal regulations to successfully manage the problem. Cx � -1 -4a ��..:�� i sta-slkz-e _ , 6� LOWWWAS WAw K PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 900 known "group homes /residential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug&alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. `i Name �S�LZr� cal iS Address �x L Signature Sig Signature Name Address Signature Name Address Signature q.) 7 Name Address Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature �1 PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homes /residential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug &alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. bJ, . �D Ml9- 7�ra r�r'r� Name Address Signature ■ Name Add 8 Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA Q 2Q ) RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homes /residential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug &alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. Name �n r i 4?e�V-5 0 Signature �! Signatu to D-0 n ca a ( 0 Z � c_ (SA ( Name S C- N -4�6Z�Address %rte cf" • �5a46D 4V410e• 4°:`g Z-6'6 Signature 0 Name / -&rYl e,Y 14uts Pcl/BtG= Address %L lo e�. 1 mod, �✓ �. °lz��/ Signature r= Name 10 D� dd Signature I Name 1 ) Address Signature Name ircos�'Cl� `� ical Address J (161 Signature%In�Si i-, C_cu--QL 1 Name F.'v tin Addres. Signatu , 1% 4zbb) a3 PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homes /residential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug &alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. Sig Signat Name P S, N Address 1,2,0,62 Signature Wj A. 4X& O-- Namef�ho al �dsc 1�7` Address / 30Y C� �`QJ7�"` C YLGG Signature sc /,,,- y Name JAW LS 6 C A t1 � Arlrlrpcc l a a 4GLfia�.� .�� ✓.L Signature /.. , 'S, ` Signature4d,ft, 64=iv� • • /_ k/ Signature! i 7W •_ s Name S h cv a Address t o q 266/ Signature, CA t- C� PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA OyD RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homestresidential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug &alchohol rehab and "sober living" type facilities Including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. ao Sig •�4) Q41, % Name aor� ixS Address J /Z��} &dhog 00J, A16 92 "1 Signature l-& PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 ■ We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homes /residential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug &alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. lzcl( Name Address ( (V3 E. --6A-4 Signatur Name 1� A Address 6 6(3, � •�wrF ` � '`�"��'47zG6( Signature Nameaww L L, A Address 6 6, Signature Name t. 1WC Address Signature ,. L-, Name Address , ,rO /) K • Le 74 AX Signature BaNCatf Name Address 0Z. K- Sf, N6 % 7/f46fi L PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homesiresidential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug &alchohol rehab and "s ber living" type facilities including parties on probation or parole. This overconcentratio has created adverse impact on residents and the community at large. A Moratorium is ne ded to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to succes lly manage the problem. - - I - r Name_ Signatu F dress 70 ge!f c- P-`�64 XYLVP ^ 7266 130& 4r -- gz6�% Signature %Jff9iWW,( #, > Name li—�49 Address Signatu NameA/AA-4ja Address A2�� (2 Name No I /da- i Address L Signature Zkld� .. �i . -. �►.f �� • A .. I 0 Ze _Ili _ _.r � _ li' _• Name (AA L Address 41c!, p Signatur ,�. � Signature no ?i im 7 QA PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA hESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homesiresidential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug &alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. Name %L l7'H Al-,Y Address 15106 W e%ne,.3 IG:7n 76 AIA 9�41 Signature Via.ya, W. a", Name Cti,5�4 Address (OQeQ" Signature oeg 1"G ress /// (0. Name z-c v Address YI),5 �46ALX;a,, - ? LU b- Signature • Name Address • Signature Name Add Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature ` ^eiii' PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,Cailfornia, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homesiresidential care and treatment' facilities on the Balboa Penninsula alone,a majority of which are drug&alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentradon has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses Impacts and uses,and develops revised municipal regulations to successfully manage the problem. Name Address Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature. • Name Address • Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature PETITION FOR URGENT MORATORIUM ON ALL GROUP HOMES AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homesiresidential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug &alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. Name a J� .r l �i'i,i i 'Address k) . B-A B -A 1 _ J Signatuv re1 t Name Hi a. 4j -1 Address a � � �+ "Vi 3 � P ia; ✓t �"� Signature- ' �),I :ss )(/_ifay) �n n <;, _/- Name K-Y-A?S Y Address • Sig Na Sig 1 Sig Sig Name Address Signature Name Add Signature +- Ne? 0, /2Y- e-, PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE iii TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,Californla, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential cane and treatment and other types of group homes. There are over 100 (mown "group homeslresidential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug&alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. 0 _ �f/ i< ,r W Name QG�4 T,r4 Addre (L UCA-L c' a V6 ( 63 Signature MW !!fi9 3� PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homes /residential care and treatment" facilities on the Balboa Penninsula alone,a majority of which are drug &alchohol rehab and "sober living" type facilities including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. Name -QunLl++ e.. MCIGtAddress 3 ► i 3~�' �S ��0-Y& Signature 'UV) AV, Name ddressU`1 /' y V Signature Name dress C-7 Signature Name Address SYOU // I M A�G-S Signature Nameg Signature Sig Sig Signature W Si 2 ZO?' u/. r+, 9Z &6-3 Name Man c. Address 307 32 N� 5/7 AL-3 Signatur Name .i�%%%+6wC Aqi Address �/Op 3� Signatur / / %!l � %/a 21 M 3a PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,California, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homestresidential care and treatment" facilities on the Balboa Penninsula alone a majority of which are drug&alchohol rehab and "sober living" type facilities Including parties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and uses,and develops revised municipal regulations to successfully manage the problem. Name X C 7 Address Signature y-. 3 � M QYY�I ✓. 4Address /Z-7 „/. Zf' jZCC� 6,43 Namfelllolr %izvv I,.., Aw, Address X0_3 A// 06 . 33 PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,Califomia, hereby petition to the City Council of Newport Beach to authorize and enact an Immediate Urgent Moratorium on all residential care and tmatrnent and other types of group homes. There are over 100 known "group homesiresidential care and treatmetrt" fact ides on the Balboa Penninsula alone,a majority of which are drug&alchohol rehab and "sober living" type facilities including parties on probation or parole. This ovemoncentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses impacts and usee,and develops revis@d municipal regulations to successfully manage the problem. Name l ),,�+ { Address a a,6 ub- M- Qa � N 4) 9 Zfa 6� Signature Nam'sli, 0W*-&-x-Addr9s9 Z)�e� Name eh Signature s 3 PETITION FOR URGENT MORATORIUM ON ALL "GROUP HOMES" AKA RESIDENTIAL CARE & TREATMENT AND "SOBER LIVING "FACILITIES IN NEWPORT BEACH: MARCH 26,2007 We the citizens of Newport Beach,Caltfomia, hereby petition to the City Council of Newport Beach to authorize and enact an immediate Urgent Moratorium on all residential care and treatment and other types of group homes. There are over 100 known "group homeslresidential care and treatment' facilities on the Balboa Penninsula alone,a majority of which are drug&alchohol rehab and "sober living" type facilities including panties on probation or parole. This overconcentration has created adverse impact on residents and the community at large. A Moratorium is needed to mitigate for burdens associated with this overconcentration while the City further assesses Impacts and uses,and develops revised municipal regulations to successfully manage the problem. Name FV'4AtkJstl0 - t- r" r-Adde%sft J-) C� L/!A --IN/ D Signatuum' Nama`J ® N N i Z. Name Address Signature Name Address Signature Police Services "Calls to Service" 5515 River Ave, 50+ unit apartment building. 5 of these units are leased by a recovery facility From July of 2005 - Feb. 2007: Total of 30 Events /Calls to the building. Only One Call was from a unit leased to a Recovery Facility 5004 & 5004 1/2 Neptune Ave. Property Commenced to lease to a Recovery Facility on 5/15/06. 17 Calls to service the year prior to a Recovery Facility taking over the lease, 3/05- 12105. 13 of which were Distrubances /Loud Parties. Since the Recovery Facility Lease: There have been 8 Calls to service, 6 of which were cars blocking our driveway. Please Note the two "Calls to Service" Comparisons Provided for 43rd & 40th Street. The Recovery Homes are Outlined in Red Sales Comparisons 7. WE RENT 725 39th St & 728 39TH St.: • The house directly across the street from us, 131 39th sold for $1,699,000 on 4/21/06 • 131 45th, a similar house & location to the subject property sold for $1,235,000 on 8/24/06. • A few houses away, 119 39th St sold for $1,565,000 on 8/15/05 • A few more houses away, 115 39th St sold for $1,500,000 on 5/27/04 2. WE RENT 5004 NEPTUNE AVE: • 5015 River Ave., a house in back of the subject property sold for $1,480,000 on 1/30/07. • 4823 River Ave., a house one block away from the subject property sold for $1,465,000 on 8/7/06. • 5302 Neptune Ave., a house three blocks away from the subject property sold for $1,200,000 on 4/20/06. • A few houses away, 4910 Neptune Ave. sold for $1,250,000 on 1/6/04 3. WE RENT 6110W. OCEANFRONT & THE HOUSE NEXT DOOR, 6777 SEASHORE DR.: • The house directly across the street from us, 6208 W. Oceanfront sold for $4,449,000 on 8/8/05. • A comparable home four blocks away sold for $4,595,000 on 3/22/06. • 3707 Seashore Dr., another house on the sand, sold for $4,300,000 on 5/25/06. Blocks away, 7210 W. Oceanfront sold for $3,675,000 on 8/19/04 In Summary: This not only demonstrates the appreciation realized in our market place but clearly shows that homes adjacent to homes leased by Sober Living by the Sea have actually sold for more that neighboring properties. 4► City Boundary vtr lip to !! , -! s • ��,p Qp '° p o W 041 lop s� �= J! 0 1138 ni l'? S �R A , o J 'lei i / 7 Ile \oo P, ?\�►� J \ • • Known Licensed Alcohol & Drug Recovery & -- / Treatment Facilities and Sot>er Living Homes CO, 01 Newpod Beach 5 New aeaoh city Boundary Treatment Feeili 173 Onus on 30 Percelsl Snbn UMq'IiIS[. to uW cn V Ymvea iw.somwmmw r�.m.,rwxx, • u.:a� re war. e 0 025 05 Mlka sao - l4h ql 0-7 LIDO - - -I -- ISLE .. Illdill7l IIII r _ - BALBOA ISLAND • • r A � Short Term Lodging i\ — Permit Locations � 41 CA, of Newport Beoell - -�\ noses \ / I i LIDO y /�t ISLE - — - .Yn '•��i/ �- ' '..... - ; / /� ✓ ' Nswppi BeaBi CIy BOYIIUMf' 4 . �� - - � L _ rt'i � iSlgrl Tartn LOEpinp Pomnt(9p1 UnXSm55i partelsl _ n n ^ / ^/r l _. BALBOA I►r , / 0 on 05 qY. r . 1�- _ l- • r -I u Known Licensed Alcohol 8 Drug Recovery 8 // \ Treatment Facnules and Sober Living Homes / Ctly of Newpop Beall / rl � 4 t 3 I\ __ / \. / 'J� Ne.+9wl8edO�CM11'BwrMe�Y �• r ' \�\ TmMmOM Fsddn J73 UM mNp fcW f rr�y 1Y+nW MaAlnN.r)rw[mYYUY..4wem»Yiul. .._ I 0 0]5 05 1 J Min • • Short Term Lodging Permit Locations / City of Newport Beach Revenue Division / � V V/ F—I t I ` L mt' t Newpc.[ beach City B ndry I� \ iShon Term LOdpNp PI, H (Wl Unds on 55i panels( 0 o]s os 1 ® 1 rM�.: 0 • Short Term Lodging J (15th St to Santa Ana River Jetty) - -- `\ NEWPORT City of Ne&port Beach SHORES Revenue Division /SANTA ANA I l� ��*A RIVER JETTY Y l� I "� +w"� �{S I, le c r _z Snn Tnn lasiroo.m.. caz ow. f fin 1100 .. FEKrNSU.A i� ' LIDO ISLE 0 01M 015 NEWPORT ff PIER M^ .111 ff f ( f