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
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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
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• 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.
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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.
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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;
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• 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.
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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
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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
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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(
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Signature
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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
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Name i � P�7- ddress
Signature Na me M1'1 ddress y � ��r.e Iv(I.
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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
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Signature
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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
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Signature i
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Name "� (Y2 A Y
Address
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Signature
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Signature_- r
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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
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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
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Name 1314-e s,kic > Address 4�
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Name Lpk Address 17D7 3,11&A
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Name Rhh;tV C nA,�A. Address 1767 YZ w 3ALboA N `��66
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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
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Signature /G-ze,17 Cam.
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Signature
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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
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Sig
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Sig
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V-C,4 Address 1 R g z IJ- IJ- M
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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
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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
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Signature
CS..
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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 �
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Name Address
Signature
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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�-
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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
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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
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WAw
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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
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ca a
( 0 Z � c_ (SA (
Name S C- N -4�6Z�Address %rte cf"
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Signature
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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
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Signature%In�Si i-, C_cu--QL 1
Name F.'v tin Addres.
Signatu ,
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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
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Signature!
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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
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Signature
Nameaww L
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Address 6
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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�
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Name (AA L Address 41c!, p
Signatur ,�. �
Signature
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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- '
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Name K-Y-A?S Y Address
• Sig
Na
Sig
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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
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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
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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.
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