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Home My WebLink About06 - PA2005-136 - Sober Living By The SeaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 September 26, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Jaime Murillo, Associate Planner a murilloCa_citV. newoort- beach.ca. us (949) 644 -3209 SUBJECT: Sober Living by the Sea (PA 2005 -136) Use Permit No. 2005 -031 Off -Site Parking Agreement No. 2005 -005 Modification Permit No. 2005 -133 2811 Villa Way APPELLANT & APPLICANT: Carl and Barbara Mosen RECOMMENDATION Remove from calendar. STATUS The applicant has withdrawn their appeal of the Planning Commission's decision to deny Use Permit No. 2005 -031, Off -Site Parking Agreement No. 2005 -005 and Modification Permit No. 2005 -133 (Attachment 1). No further action required. BACKGROUND The appellant, operator of Sober Living by the Sea(SLBTS), submitted a use permit request in June of 2005 to operate a substance abuse counseling center to facilitate the operation of individual and group counseling sessions, a computer lab, offices and related activities, which serve the needs of the various SLBTS residential care facilities in the City. The primary function of the substance abuse counseling center, as currently operated, is to serve as a meeting facility for its members, as well as provide for a setting in which its members can gather and socialize to promote a sober living lifestyle. Therefore, because the facility was primarily used for large group counseling meetings and assembly use, the Planning Director had classified the use as a "Social Club ", requiring the approval of a use permit to operate. At the February 9, 2006 Planning Sober Living by the Sea Appeal September 26, 2006 Page 2 Commission meeting, the Commission voted on the item and deadlocked in a 3 -3 vote with 1 Commissioner recused. The project was considered denied and the applicant filed an appeal to the City Council. On May 18, 2006, the applicant received approval of a "minor use permit" from the City of Costa Mesa's Zoning Administrator to establish a group counseling center within an industrial building in the City. The applicant now intends to relocate the large group meetings, currently held at the 2811 Villa Way facility, to this new facility in Costa Mesa. With this de- intensification of use, the applicant began dialogue with the City of Newport Beach for a proposal where SLBTS would modify its use of the subject property at 2811 Villa Way, so it will no longer be classified as a social club. After carefully reviewing the proposed changes in operation, the Planning Director determined that the proposed operation would no longer be classified as a social club, as defined by Section 20.05.040 of the Municipal Code, and a use permit would no longer be required. The determination was made based on a number of conditions set forth in a letter to the appellant to insure that the operation of the facility would not operate as a social club (Attachment 2). The applicant has since agreed to comply with all the operational requirements as specified in the determination letter on or before November 1, 2006, with the exception of Condition No. 12 (Attachment 3). Condition No. 12 requires SLBTS to provide 13 off- site parking spaces within the vacant lot directly across the street from the subject facility. The reason for this delay in constructing the parking lot is that the property owner of lot must wait for a clearance letter from the Santa Ana Regional Water Quality Control Board permitting the use of the site for parking lot use. This letter is expected to be received within the next 30 -60 days. Once the environmental clearance is received, the applicant indicates they will begin constructing the necessary improvements to the lot. The.Planning Director has determined that the deadlines proposed by the applicant to comply with the conditions are reasonable. Prepared by: J � jx--Fov- Jaime Murillo, Associate Planner Attachments 1. Applicants Letter Withdrawing Appeal 2. Planning Director's Correspondence 3. Applicants Letter of Acceptance Submitted by: 24,af;&J� - Patricia e p e, tanning Director 2 ATTACHMENT I Letter of Withdrawal This is blank August 28, 2006 VIA E-MAIL AND U.S. MAIL LaVonne M. Harkless City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 I Dear Madam City Clerk: JAY F. PALcumo T Jum L PLISMSKI PAUL A. RGWE SANDRA W. SKAHEN MICHAEL L STREAMS, JR WILLIAM L TWOMEY JOHN P. YEAGER OF Cou m AMY W. URKUI I represent Sober Living By The Sea, the applicant for the above-referenced land use entitlement permits relating to their facility at 2811 Villa Way. Over the past several months, representatives of Sober Living By The Sea have held meetings with the City staff to reach an understanding regarding modifications to the operations at the 2811 Villa Way facilities which will result in the elimination of the need for the above - referenced permits. By letter dated August 25, 2006, Patricia. L. Temple, Planning Director for the City of Newport Beach, has submitted a letter to Bill Swiney, Executive Director for Sober Living By The Sea, setting forth conditions that would remove the classification of a "social club" thereby removing the 2811 Villa Way building from the requirement for a use permit. Sober Living By The Sea has provided a written response to Planning Director Temple agreeing to abide by and implement the conditions set forth in the August 25, 2006 letter. Accordingly, on behalf of the applicant for the above - referenced permits, I am requesting that the appeal on these permit applications currently pending for hearing by the City Council on September 26, 2006 be withdrawn. Very truly yours, . p; Dennis D. O Neil DDO /clt cc: Bill Swiney M&'06 10134.2 HW: #33971 vl Date . 3-3 Q _ 4310 Copies Sent To: ® Mayor Ig Council Member N Manager Eff Attorney, 1d LZ ®T e 5 RECEIVED HEWITT & O'NEIL LLLP �Jryry ATWRNEYSATLA Am 3rU 7` 57 DEAN DUNN4CI.NKIN SANDRA A- OALLE WE.LIAM I"HALLE 19900 MACARTHuRBOULEVARD, SurrE 10(57(0' ❑ / %�[ ry[ IRVINE, CALIFORNIA 92612 OFFICE ANDREW K. HARrLELL wl,1!�� (949) 798,0500 • (949) 79MSI I (P K HUGH HEWM tot I t,il,� EMAIL' comeel®hewmw'T.c , IF p�ryl�{7'{ p[pJ+L7 LAWRENCEJ. IRLTON IVLYYPU'1! IAJRA� JOHN D. HUDSON WRraws DIRECT DLV.:.(949) 798 -0734 DENNIs D. O'NEIL EMAIL:dmreil@ zh, a'SLwm . August 28, 2006 VIA E-MAIL AND U.S. MAIL LaVonne M. Harkless City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 I Dear Madam City Clerk: JAY F. PALcumo T Jum L PLISMSKI PAUL A. RGWE SANDRA W. SKAHEN MICHAEL L STREAMS, JR WILLIAM L TWOMEY JOHN P. YEAGER OF Cou m AMY W. URKUI I represent Sober Living By The Sea, the applicant for the above-referenced land use entitlement permits relating to their facility at 2811 Villa Way. Over the past several months, representatives of Sober Living By The Sea have held meetings with the City staff to reach an understanding regarding modifications to the operations at the 2811 Villa Way facilities which will result in the elimination of the need for the above - referenced permits. By letter dated August 25, 2006, Patricia. L. Temple, Planning Director for the City of Newport Beach, has submitted a letter to Bill Swiney, Executive Director for Sober Living By The Sea, setting forth conditions that would remove the classification of a "social club" thereby removing the 2811 Villa Way building from the requirement for a use permit. Sober Living By The Sea has provided a written response to Planning Director Temple agreeing to abide by and implement the conditions set forth in the August 25, 2006 letter. Accordingly, on behalf of the applicant for the above - referenced permits, I am requesting that the appeal on these permit applications currently pending for hearing by the City Council on September 26, 2006 be withdrawn. Very truly yours, . p; Dennis D. O Neil DDO /clt cc: Bill Swiney M&'06 10134.2 HW: #33971 vl Date . 3-3 Q _ 4310 Copies Sent To: ® Mayor Ig Council Member N Manager Eff Attorney, 1d LZ ®T e 5 This is blank ATTACHMENT 2 Planning Director's Correspondence �. 1 This is blank CITY OF NEWPORT BEACH PLANNING DEPARTMENT Patricia L. Temple, Director August 25, 2006 Bill Swiney Sober Living by the Sea 2811 Villa Way Newport Beach, California 92663 RE: Sober Living by the Sea — 2809, 2811, 2813 Villa Way, Newport Beach Dear Bill: I am in receipt of your correspondence dated July 21, 2006. in your correspondence, you discuss a proposal whereby Sober Living by the Sea ( "Sober Living ") would modify its use of the property located at 2809 -2813 Villa Way ( "Sober Living Facility ") so that it is no longer designated as a social club, as defined by Newport Beach Municipal Code Section 20.05.040. 1 have carefully reviewed your proposal and have determined that Sober Living would not be designated as a social club if it was operated in the following manner. 1. The "large conference room," designated on the floor plans submitted on August 4, 2006 ( "Plans'), must be reduced so that the maximum occupancy for this room is approximately 20 persons. Two cubicle type offices, the design of which will need to be approved by the Planning Director in writing, will need to be constructed in the large conference room. 2. The "small conference room," designated on the Plans, must be reduced so that the maximum occupancy for this room is approximately 20 persons. A wall will need .to be constructed across the back of the small conference room, as indicated on the marked up Plans which are attached hereto. The construction of the wall must comply with all laws and regulations including, but not limited to, the Building Code. 3. A revised set of plans showing the wall in the small conference room and the uses for each area of the property will need to be submitted to and approved in writing by the Planning Director. After approval of the Plans, Sober Living must use each of the areas for the designated use and obtain the Planning Director's approval in writing prior to any change in use. 4. The area designated as the "covered patio," and other outdoor areas, designated on the Plans may not be used by Sober Living clients except as provided hereafter. Clients attending meetings scheduled at the Sober Living Facility may assemble in the covered patio area, or other outdoor areas, 10 minutes prior to a meeting and 10 minutes after a meeting. Between the hours of 7:00 a.m. and 8:30 a.m., clients that attend meetings scheduled at the Sober Living Facility, may be transported by van to any other location provided that they do not assemble in the covered patio area, or other 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3200 • Fax: (949) 644 -3229 • www.city.newport- beach.ca.us outdoor area, for more than 10 minutes after a meeting ( "Clients Transported by Van "). Between the hours of 1:00 p.m. and 3:00 p.m., clients that Clients Transported by Van may be dropped back off at the Sober Living Facility provided that they: (a) do not arrive at the Sober Living Facility more than 10 minutes before their next scheduled meeting; or (b) that they disperse within 10 minutes after being dropped off at the Sober Living Facility. 5. An average of 10 meetings per week may be held at the Sober Living Facility. However, no more than 12 meetings may be held in any one week and no more than 20 people may attend any meeting. Up to two meetings may be held concurrently. The basis for determining the average number of meetings will be based on a 4 week period. On an ongoing basis, Sober Living will maintain records for the past 12 month period that document the number of meetings held per week and the number of persons in attendance. These records will be verified by a representative of Sober Living and will be made available to the Planning Director upon request. 6. No client enrolled in any of the Sober Living programs that meet at the Sober Living Facility will be allowed to operate a motor vehicle. 7. All large meetings, in excess of 20 persons, will be held at some other location (any other locations used in the City shall be approved for large assembly use). 8. The hours of operation for conducting meetings and picking up prescriptions at the Sober Living Facility will be from 6:30 a.m. to 8:30 p.m. Clients picking up or consuming prescription medicine at the Sober Living Facility will be required to leave the Sober Living Facility within 10 minutes after they have picked up or consumed their medication. 9. Any nurse at the Sober Living Facility shall only be on site Monday through Friday from 7:00 am to 5:00 pm and on Saturday from 8:00 am to noon. There shall be no nurse at the Sober Living Facility on Sundays. 10. Two staff employees shall be allowed to remain at the Sober Living Facility until 11:00 pm, 7 days a week to receive calls. 11. Except as provided herein, clients will not be allowed to assemble at the Sober Living Facility for the purpose of being transported to any other location. 12. Sober Living will provide and maintain 13 off -site parking spaces at the lot directly across the street from the Sober Living Facility and will park vehicles associated with the Sober Living Facility at the lot rather than on City streets or public parking, lots. For instance, Sober Living currently uses six vans. These vans would be parked on the lot rather than on City streets in the surrounding neighborhood or the City parking lot. 13. Sober Living will direct clients and ensure that clients riding bikes to the Sober Living Facility access the facility by a route approved by the Planning Director in writing. 14. Sober living will provide trash and cigarette disposal containers and inform their clients that they are not to dispose of litter on City streets or adjoining properties. 11) In summary, if Sober Living operated in conformance with the foregoing conditions, it would be my determination that Sober Living would not be defined as "social club ". However, please be advised that it is my opinion that any deviation from the foregoing conditions or any additional assembly at the Sober Living Facility would change the category of use. Please contact me at your earliest convenience so we can discuss a timeline for Sober Living to implement the foregoing changes. Simply put, I cannot make a determination that Sober Living is operating in conformance with the Municipal Code until the above - referenced changes have been made. Further, as a condition to making my determination that a use permit is no longer required, Sober Living will need to withdraw its appeal without prejudice. I appreciate your continuing assistance in this matter. Very truly yours, u L. Temple, Planning Director for the City of Newport Beach cc: Aaron C. Harp, Assistant City Attorney Dennis O'Neil, Esq. Enclosure: Modified Plans �1 ' _. mWws�\ I� .��wimwYSwa,.rwv.Yw�wEea�'�u '. •.. Eq �tl�9.LxOdA1HH •.,ITA£IZ /IIZ /6OZ S �$OS' i1E Id a �� m ?IOorlj IS2II3 9� € a€ 83 �2 ATTACHMENT 3 Applicant's Letter of Acceptance 1� This is blank W August 29, 2006 VIA E -MAIL AND U.S. MAIL Patricia L. Temple Planning Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Sober Living By The Sea Dear Ms. Temple: r JAY F. PALCHiKoFF JULIE L PLL404m PAULA. ROWE SANDRA W. SKAHEN MICHAEL L STREAMS, JR. WRLIAM L TWOMEY JOHN P. YEAGER RECEB V EDAMOFW CITY ATTORNEY'S OFFICE On behalf of my client, Sober Living By The Sea.( "Sober Living"), I have been asked to respond to your letter dated August 25, 2006 to Bill Swiney;. the Executive Director for Sober Living. Your letter to Bill Swiney sets forth 14 conditions dealing with modifications to the building and changes in the operations of the Sober Living facility located at 2811 Villa Way. Compliance with these conditions will result in Sober Living no longer being classified as a "social club" requiring a use permit. Bill Swiney and I have reviewed the condition set forth in your letter and I am authorized to advise you that Sober Living agrees with each condition and will be taking appropriate action to satisfy these conditions. Sober Living can commit to complying with these conditions on or before November 1, 2006 with the exception of Condition No. 12 relating to providing the 13 off -site parking spaces in the lot directly across the street.from 2811 Villa Way. The owner of the property has requested Sober Living to delay construction of the off -site parking facilities until the owner receives a clearance letter from the Regional Water Quality Control Board granting environmental approvals for the parking lot property. The owner has indicated that a "no further action letter" should be forthcoming from the Santa Ana Regional Water Quality Control Board within the next 30 -60 days. Sober Living has prepared architectural and engineering plans to construct the parking lot. As soon as the environmental clearance is obtained, Sober Living will commence construction of the lot which should be completed and operational within 30 days thereafter. 8/28106 10134.2 H8c0: #33974 A ................... �5 HEWITT & O'NEIL LLP . ATTORNEYS AT LAW DEAN DUNN- RANKIN SANDRA A. GALLE 19900 MACARTHUR BOULEVARD, SUITE 1050 WILLIAM& HALLE . IRVINE, CALIFORNIA 92612 'ANDREw IC HARTZELL (949) 798 -0500 • (949) 798-0511 (FAx) HUGH HEW11T EMAIL co m l@hewitto l.com LAWRENCE J. HILTON JOHN D. HUDSON WRITER'S DIRECT DIAL: (949) 79M734 DENNIs D. ONEIL EMAIL: dowil@hewiCowlcom August 29, 2006 VIA E -MAIL AND U.S. MAIL Patricia L. Temple Planning Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Sober Living By The Sea Dear Ms. Temple: r JAY F. PALCHiKoFF JULIE L PLL404m PAULA. ROWE SANDRA W. SKAHEN MICHAEL L STREAMS, JR. WRLIAM L TWOMEY JOHN P. YEAGER RECEB V EDAMOFW CITY ATTORNEY'S OFFICE On behalf of my client, Sober Living By The Sea.( "Sober Living"), I have been asked to respond to your letter dated August 25, 2006 to Bill Swiney;. the Executive Director for Sober Living. Your letter to Bill Swiney sets forth 14 conditions dealing with modifications to the building and changes in the operations of the Sober Living facility located at 2811 Villa Way. Compliance with these conditions will result in Sober Living no longer being classified as a "social club" requiring a use permit. Bill Swiney and I have reviewed the condition set forth in your letter and I am authorized to advise you that Sober Living agrees with each condition and will be taking appropriate action to satisfy these conditions. Sober Living can commit to complying with these conditions on or before November 1, 2006 with the exception of Condition No. 12 relating to providing the 13 off -site parking spaces in the lot directly across the street.from 2811 Villa Way. The owner of the property has requested Sober Living to delay construction of the off -site parking facilities until the owner receives a clearance letter from the Regional Water Quality Control Board granting environmental approvals for the parking lot property. The owner has indicated that a "no further action letter" should be forthcoming from the Santa Ana Regional Water Quality Control Board within the next 30 -60 days. Sober Living has prepared architectural and engineering plans to construct the parking lot. As soon as the environmental clearance is obtained, Sober Living will commence construction of the lot which should be completed and operational within 30 days thereafter. 8/28106 10134.2 H8c0: #33974 A ................... �5 Patricia L. Temple August 29, 2006 Page 2 Sober Living has requested the use permit appeal pending for hearing by the City Council be withdrawn. On behalf of Sober Living By The Sea, I would like to thank you and the other staff members working on this settlement for your time, effort and professionalism in reaching a fair and reasonable solution with regards to this matter. Very truly yours, !� Dennis D. O Neil DDO /clt cc: Bill Swiney James Buzz Person Aaron Harp 8/28M 10134.2 H&O; #33974 vl lb