HomeMy WebLinkAbout12 - Sober Living by the Sea - PA 2005-136 - 2811 Villa WayCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 12
April 11, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Jaime Murillo, Associate Planner
jmu rill o acity.newport- beach.ca.us
(949) 644 -3209
SUBJECT: Sober Living by the Sea
Use Permit No. 2005 -031
Off -Site Parking Agreement No. 2005 -005
Modification Permit No. 2005 -133
2811 Villa Way (PA 2005 -136)
APPLICANT NAME: Carl and Barbara Mosen
RECOMMENDATION
Staff recommends that the City Council continue the item to the May 23, 2006 City
Council meeting to give staff additional time to research legal issues raised by the
applicant.
Prepared by:
Jgme Murillo, Associate Planner
Submitted by:
P tricia Temple, Plannin Director
JAMES C. PERSON, JR.
Attorney at Law
507 29th Street - Suite A
Newport Beach, California 92663
Telephone (949) 673 -9201
Facsimile (949) 673 -0774
April 3, 2006 i'LANNING DEPARTMEly
CITY OF NEWPORT BEACH
The Honorable Mayor Don Webb and AM APR 0 4 2006
The Members of the City Council 7 8 91011 12 3 4 5
City of Newport Beach l 12 (� 1 1 "
P.O. Box 1768
Newport Beach, CA 92658
Re: Use Permit Application No. 2005 -136 (2811 Villa Way)
Dear Mayor Webb and Members of the City Council:
This office along with my co- counsel, Dennis O'Neil, represent Barbara and Carl
Mosen the applicant for the above - referenced use permit relating to their building located at
2811 Villa Way in the Cannery Village (the "Subject Property "). The application requests the
City to grant a use permit to continue the operation of a facility at the Subject Property used by
Sober Living By The Sea for individual and group counseling sessions for clients enrolled in the
Sober Living By The Sea alcohol and drug recovery program.
As part of the due diligence prior to purchasing the Subject Property in 1998, Mr.
and Mrs. Mosen made inquiry at the City as to the necessary permits needed to conduct their
group counseling services at the Subject Property. They were advised that the proposed use was
permitted by the applicable City zoning ordinance and regulations. Based on these
representations, Mr. and Mrs. Mosen purchased the Subject Property, obtained a business license
and have been operating the group lecturing and counseling service at the Subject Property for
nearly eight years. The group counseling is part of the comprehensive substance abuse treatment
and recovery program offered to clients that reside in nearby residential dwellings. At the time
of purchasing the Subject Property, Mr. and Mrs. Mosen thought that it would be best and least
impactful on the residential communities to have the group meetings at the Subject Property in
the mixed use Cannery Village area. Of course this continues to be their position which we
assume the City would agree.
Since opening the group counseling center at the Subject Property in 1998, the
Mosens in compliance with the State licensing requirements, annually requested the Newport
Beach Fire Department to conduct an inspection of the Subject Property. In March of 2005, after
completing a successful fire inspection it was determined by the Planning Department that the
3/24/06 9999.1
H &0: 430999 vi
City of Newport Beach
April 3, 2006
Page 2
group lecture and therapy sessions at the Subject Property would constitute an assembly and
therefore should be classified as a "social club" and that such use would require a use permit.
Even though Mr. and Mrs. Mosen had spent considerable sums of money on
upgrading the Subject Property in reliance on their right to operate the group therapy sessions,
and had been conducting their business at this site for seven years, Mr. and Mrs. Mosen in their
desire to cooperate with the City did file an application for the use permit. The use permit is
pending on appeal to be heard by your honorable body on April 11, 2006.
In reviewing the evidence and law relating to this use permit, we have advised
Mr. and Mrs. Mosen of our contention that the City lacks authority to require them to seek a use
permit to conduct their business operation at the Subject Property. We are basing this advice on
the principle of equitable estoppel.
It is a well established doctrine that "The government may be bound by an
equitable estoppel in the same manner as a private party when the elements requisite to such an
estoppel against a private party are present and, in the considered view of a court of equity, the
injustice which would result from a failure to uphold an estoppel is of sufficient dimension to
justify any effect upon public interest or policy which would result from the raising of an
estoppel." (City of Long Beach v. Mansell (1970) 3 Ca1.3d 462, 496 -497.)
Applying the four elements for equitable estoppel set forth in the City of Long
Beach vs. Mansell case to our situation, we would like to submit the following:
1. The party to be estopped was apprised of the facts. Clearly, the City
knew about the activities of the Sober Living By The Sea at the Subject Property at the time of
the due diligence prior to Mr. and Mrs. Mosen purchasing the property and then each year
thereafter as the City's fire inspection occurred.
2. The party to be estopped intended by its conduct to induce reliance by
the other party, or acted so as to cause the other party reasonably to believe reliance was
intended. The facts and evidence demonstrate that the City by its representations and permitting
the operation of the group meetings at the Subject Property to exist for over seven years
reasonably led Mr. and Mrs. Mosen to believe and rely on their right to conduct group meetings
at the Subject Property.
3. The party asserting estoppel was ignorant of the facts. Mr. and Mrs.
Mosen were conducting their business in a professional manner with no complaints ever having
been filed against the operation. They had no way of ]mowing that group therapy sessions at the
Subject Property required a use permit.
4. The party asserting estoppel suffered injury in reliance on the
conduct. The group therapy and lecturing meetings at the Subject Property are an integral and
necessary part of the Sober Living By The Sea substance abuse treatment and recovery program.
3124106 9999.1
HSO: #30899 v1
City of Newport Beach
April 3, 2006
Page 3
Mr. and Mrs. Mosen would suffer substantial injury if their right to continue providing these
services at the Subject Property was denied.
Therefore, on behalf of Mr. and Mrs. Mosen, I would like to go on record that the
facts, evidence, and law support a case against the City for estoppel and that equity demands that
Mr. and Mrs. Mosen be allowed to continue to conduct their business at the Subject Property
without the need for a use permit. Thank you for your consideration.
V r truly yours,
JAMES C. PERSON, J
JCP /cl
cc: Mr. and Mrs. Carl Mosen
3124106 9999.1
H &O: 430899 vl
NOTICE OF PUBLIC HEARING
Sober Living by the Sea (PA 2005 -136)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a
public hearing on the decision of the Planning Commission to deny an application of Carl
& Barbara Mosen for Use Permit No. 2005 -031 to allow a substance abuse counseling
center. The application also requests the approval of an Off -Site Parking Agreement and
a Modification Permit to allow the construction and use of an off -site parking lot located at
2807 Lafayette Avenue, accommodating 13 employee parking spaces, two pair of which
will be in tandem configuration. Additionally, a parking waiver of 29 spaces is requested in
association with the use. The property is located at 2811 Villa Way in the SP -6 (Cannery
Village /McFadden Square Specific Plan Area) District. This project has been reviewed,
and it has been determined that it is categorically exempt under the requirements of the
California Environmental Quality Act under Class 1 (Existing Facilities) and Class 11
(Accessory Structures).
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on April 11,
2006, at the hour of 7:00 P.M. in the Council Chambers of the Newport Beach City Hall,
3300 Newport Boulevard, Newport Beach, California, at which time and place any and all
persons interested may appear and be heard thereon. If you challenge this project in
court, you may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice or in written correspondence delivered to the City
at, or prior to, the public hearing. For information call (949) 644 -3200.
y �
i�
LaVonne M. Harkless, City Clerk
City of Newport Beach
,J _ � S,
NOTICE OF PUBLIC HEARING
Sober Living by the Sea (PA 2005 -136)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a
public hearing on the decision of the Planning Commission to deny an application of Carl
& Barbara Mosen for Use Permit No. 2005 -031 to allow a substance abuse counseling
center. The application also requests the approval of an Off -Site Parking Agreement and
a Modification Permit to allow the construction and use of an off -site parking lot located at
2807 Lafayette Avenue, accommodating 13 employee parking spaces, two pair of which
will be in tandem configuration. Additionally, a parking waiver of 29 spaces is requested in
association with the use. The property is located at 2811 Villa Way in the SP -6 (Cannery
Village /McFadden Square Specific Plan Area) District. This project has been reviewed,
and it has been determined that it is categorically exempt under the requirements of the
California Environmental Quality Act under Class 1 (Existing Facilities) and Class 11
(Accessory Structures).
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on April 11,
2006, at the hour of 7:00 P.M. in the Council Chambers of the Newport Beach City Hall,
3300 Newport Boulevard, Newport Beach, California, at which time and place any and all
persons interested may appear and be heard thereon. If you challenge this project in
court, you may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice or in written correspondence delivered to the City
at, or prior to, the public hearing. For information call (949) 644 -3200.
Yor�.)V. �ea�
LaVonne M. Harkless, City Clerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
Sober Living by the Sea (PA 2005 -136)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the
decision of the Planning Commission to deny an application of Cad & Barbara Mosen for Use Permit No. 2005 -031
to allow a substance abuse counseling center. The application also requests the approval of an Off -Site Parking
Agreement and a Modification Permit to allow the construction and use of an off -site parking lot located at 2807
Lafayette Avenue, accommodating 13 employee parking spaces, two pair of which will be in tandem configuration.
Additionally, a parking waiver of 29 spaces is requested in association with the use. The property is located at 2811
Villa Way in the SP -6 (Cannery Village /McFadden Square Specific Plan Area) District. This project has been
reviewed, and it has been determined that it is categorically exempt under the requirements of the California
Environmental Quality Act under Class 1 (Existing Facilities) and Class 11 (Accessory Structures).
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on April 11, 2006, at the hour of
7:00 P.M. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach,
California, at which time and place any and all persons interested may appear and be heard thereon. If you
challenge this project in court, you may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public
hearing. For information call (949) 644 -3200.
tn. ABC.,
LaVonne M. Harkless, City Clerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
Sober Living by the Sea (PA 2005 -136)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the
decision of the Planning Commission to deny an application of Carl & Barbara Mosen for Use Permit No. 2005 -031
to allow a substance abuse counseling center. The application also requests the approval of an Off -Site Parking
Agreement and a Modification Permit to allow the construction and use of an off -site parking lot located at 2807
Lafayette Avenue, accommodating 13 employee parking spaces, two pair of which will be in tandem configuration.
Additionally, a parking waiver of 29 spaces is requested in association with the use. The property is located at 2811
Villa Way in the SP -6 (Cannery Village /McFadden Square Specific Plan Area) District. This project has been
reviewed, and it has been determined that it is categorically exempt under the requirements of the California
Environmental Quality Act under Class 1 (Existing Facilities) and Class 11 (Accessory Structures).
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on April 11, 2006, at the hour of
7:00 P.M. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach,
California, at which time and place any and all persons interested may appear and be heard thereon. If you
challenge this project in court, you may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public
hearing. For information call (949) 644 -3200.
LaVonne M. Harkless, City Clerk
City of Newport Beach
NOTICE OF
PUBLIC HEARING
Sober Living by the Sea (PA 2005 -136)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a
public hearing on the decision of the Planning Commission to deny an application of Carl
& Barbara Mosen for Use Permit No. 2005 -031 to allow a substance abuse counseling
center. The application also requests the approval of an Off -Site Parking Agreement and
a Modification Permit to allow the construction and use of an off -site parking lot located at
2807 Lafayette Avenue, accommodating 13 employee parking spaces, two pair of which
will be in tandem configuration. Additionally, a parking waiver of 29 spaces is requested in
association with the use. The property is located at 2811 Villa Way in the SP -6 (Cannery
Village /McFadden Square Specific Plan Area) District. This project has been reviewed,
and it has been determined that it is categorically exempt under the requirements of the
California Environmental Quality Act under Class 1 (Existing Facilities) and Class 11
(Accessory Structures).
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on April 11,
2006, at the hour of 7:00 P.M. in the Council Chambers of the Newport Beach City Hall,
3300 Newport Boulevard, Newport Beach, California, at which time and place any and all
persons interested may appear and be heard thereon. If you challenge this project in
court, you may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice or in written correspondence delivered to the City
at, or prior to, the public hearing. For information call (949) 644 -3200.
LaVonne M. Harkless, City Clerk
City of Newport Beach
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OWNERSHIP LISTING SERVICE
917 Glenneyre Street, Suite 7 • Laguna Beach, CA 92651
PHONE (949) 494 -6105 • FAX (949) 494 -7418
SOBER LIVING BY THE SEA FILEA51676
2811 VILLA WAY
NEWPORT BEACH CA
300' LISTING
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STATE OF CALIFORNIA)
ss.
COUNTY OF ORANGE )
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parry to or interested in the below entitled
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Signature
iVD
°06 APR -6 A 9 :t I
OFF{ CE OF I HF. CITY CLERK
CHI Y OF H Nt')ORT BEACH
11(EMPUSUCNEARING'
ber:Living by the Sea
A.2005 136)
6'EJCE IS HEREBY
'1(FN. that the City
s `yc11 of the City of
eiyport,Beach will hold
611 c. hearing on the -
ision. of the Planning -
licat_on of deny a& _ -
�ytbare Moser, for Use
ermlt No 2005031 to
ri a substance abuse
,counseimg center. 'The
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tAe':approval of an.Off-
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on -
it`to, allow the con.
L "'s "(ruction and use of an ..
of parking lot locat-
dAS' at 2807 Lafayette
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parking waiver of
aces is requested,
ociation with the
he property is lo-
st .2811 Villa'.
in the SP-6 (Can
Village /McFadden'
e Specific Plan.
District. This
t has been re-
I- and it has been
pined that it is
vitally exempt un-
ie requirements of
)alifornia " Environ-
i nuality Act under
HER GIVEN "th
public hearing v
'Id on April 7
at the hour
P.M. in the Coun
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Beach City H;
ari
s interested may OP-
0 0.s and be heard
those issues you or
one else raised at
public hearing de -.
ed in this notice or
written corre-
1,
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7 ±')4 3
CITY OF NEWPORT BEACH
APPLICATION TO APPEAL DECISION OF THE PLANNING COMMISSION
Application No. PA2005 -136
Name of Appellant
or person filing: Sober Living By The Sea
Address: 2815 Villa Way, Newport Beach, CA
Phone: (949)673 -6696
Date of Planning Commission decision: February #9, 20 06
Regarding application of: Carl and Barbara Mosen
(Description of application filed with Planning Commission) Request for approval for Use Permit No.
2005 -031 to allow a substance abuse counseling center. The application also requests the approval
of an Off -Site Parking Agreement and a Modification Permit to allow the construction and use of
an off-site parking lot located at 2807 Lafayette Avenue, accommodating 12 employee parking
spaces, two pair of which will be in tandem configuration. Additionally, a parking waiver of 29
spaces is requested in association with the use.
Reasons for Appeal:
There was a tie vote (3 -3) at the Planning Commission, therefore the project was "deemed" denied.
Applicant believes it is entitled to a vote in favor or against the project.
APPLICANT REQUESTS THE HEARING OF THE APPEAL ON APRIL 11, 2006
FOR OFFICE USE ONLY
Date Appeal filed and Administrative Fee received: a _ i
for
Date ®,2'-Z/—Q6
mm-
Hearing Date. An appeal shall be scheduled for a hearing before the City Council within thirty (30) days of the
filing of the appeal unless both applicant and appellant or reviewing body consent to a later date (NBMC Sec.
20.95.060)
L)
cc: Appellant
"
Planning (furnish one set of mailing labels for mailing)
r
File
APPEALS: Municipal Code Sec. 20.95.050(B)
r*i
Appeal Fee: $340 pursuant to Resolution No.
2006 -4 adopted on 1- 10 -06)
(Deposit funds with Cashier in Account #2700 -5000)
CITY OF NEWPORT BEACH
ADMINISTRATIVE SERVICES
U S 3300 NEWPORT BLVD..
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
9< /PORN
RECEIVED BY: PERRYI
TODAY'S DATE: 02/14/06
27005000 ZONING & SUBDIVISION F
CASH PAID CHECK PAID
$.00 $340.00
CASH RECEIPT
RECEIPT NUMBER: 01000053178
PAYOR: SOBER LIVING BY THE
REGISTER DATE: 02/14/06 TIME: 11:29:18
SOBER LIVING $340.00
--------------- -
TOTAL DUE: $340.00
CHECK NO TENDERED CHANGE
45475 $340.00 $.00