HomeMy WebLinkAbout13 - Sober Living by the SeaCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 13
November 9, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Janet Johnson Brown, Associate Planner
949 - 644 -3236, or Ibrown newportbeachca.gov
Office of the City Attorney
David R. Hunt, City Attorney
949 - 644 -3131, or dhunt @.newportbeachca.gov
SUBJECT: Annual Review of Zoning Implementation and Public Benefit
Agreement for Sober Living by the Sea, Inc. (PA2008 -199)
ISSUE:
City Council's annual review of the Zoning Implementation and Public Benefit
Agreement (Zoning Agreement) between the City of Newport Beach and Sober Living
by the Sea, Inc. (SLBTS) to determine if SLBTS has demonstrated good faith
compliance with the terms of the Zoning Agreement.
RECOMMENDATION:
1) Conduct a public hearing; and
2) Find that the applicant has demonstrated good faith compliance with all but one
term of its Zoning Agreement and establish milestones to address that one term;
and
3) Receive and file documents submitted by SLBTS to demonstrate good faith
compliance with the terms of the Zoning Agreement (Attachment CC 1)
DISCUSSION:
Introduction:
This is the first annual review of the SLBTS Zoning Agreement. Staff has conducted an
extensive review of SLBTS's operations and the requirements of the Zoning Agreement.
Staffs review indicates that SLBTS has made a good faith effort to comply with the
terms of the Zoning Agreement throughout the year, and is currently in compliance with
Annual Review of Development Agreement (PA2008 -199)
November 9, 2010
Page 2
all requirements except the parking lot requirement for SLBTS' Villa Way facility,
discussed below.
Through the review process, staff has established mutually agreed -upon administrative
protocol related to City inspection of the facilities, opening or relocation of facilities
proposed by SLBTS, and procedures related to future annual compliance reviews. To
the extent possible, all future annual reviews of the SLBTS Zoning Agreement will be
conducted at the second regular City Council meeting in July of each year. Staff has
summarized the administrative protocol in the Zoning Agreement Administration
memorandum, which SLBTS has agreed to follow (Attachment CC 2).
Although the SLBTS Zoning Agreement makes reference to "beds occupied," the City
and SLBTS recognize that reference to "beds occupied" does not present an easily
verifiable criteria by which to determine compliance with the total number of occupied
beds allowed pursuant to the Zoning Agreement. Both the City and SLBTS agree that
all future references shall be "client beds" in order to provide an objective and accurate
inventory of beds available for clients in individual facilities, and beds available for
clients throughout the City. The City will conduct a further investigation should a facility
have beds available that exceed the total number of "beds occupied" allowed under the
Zoning Agreement.
Staff's review of SLBTS' facilities reveals that the number of client beds has declined
from 204 beds in May 2008, when SLBTS submitted applications for use permits, to 122
beds in December 2009, to 100 beds in June 2010, as shown in the chart below. (See
Attachment CC 3 Inventory of Client Beds listed by address.)
250
200
150
100
50
0
Background:
May'08 Dec.'09 June'10
W NumberorClient Beds
The final form of the Zoning Agreement was executed and entered into on September
30, 2009, and recorded with the County Recorder's Office on October 23, 2009. The
Q
Annual Review of Development Agreement (PA2008 -199)
November 9, 2010
Page 3
SLBTS Zoning Agreement was approved under California's statutes relating to
development agreements (California Government Code Section 65864- 65869.5).
The Zoning Agreement provides that the City and SLBTS shall conduct a review at least
once every 12 months for good faith compliance with the terms of the agreement,
consistent with California Government Code Sections 65865 and 65865.1, and with
Section 15.45.080 (Development Agreements - Periodic Review) of the Newport Beach
Municipal Code (NBMC). If the City Council finds and determines that the applicant has
not complied in good faith with terms or conditions of the agreement, the City Council
may pursue remedies as approved by the agreement.
The date for the annual review of the Zoning Agreement is muddied by the nuances of
this particular agreement and its execution. The Zoning Agreement provides that the
effective date shall be the ninety-first day following the City Council's passage of the
ordinance approving the Zoning Agreement, that being May 12, 2009. Section of 14 of
the Zoning Agreement then requires the annual review to be conducted once every
twelve months from the effective date. Unfortunately, the Zoning Agreement was not
fully executed until September 30, 2009, and NBMC Section 15.45.080 requires annual
review once every 12 months from the date of execution. In light of this ambiguity, the
City and SLBTS have agreed to conduct the annual review in July of each year since it
falls between the two competing dates. This also falls within the month following the
submission of a Compliance Review Report by SLBTS as required by the Zoning
Agreement. Thus, the next annual review will be presented to the Council for its
consideration in July 2011.
Terms and Conditions of the Zoning Agreement:
The Zoning Agreement establishes the duties of both SLBTS and the City in regards to
SLBTS' sober living homes and licensed treatment facilities (Attachment CC 4). As set
forth in Exhibit B of the Zoning Agreement, a limit is set on the number of client beds
permitted in SLBTS's facilities in the Peninsula Zone at 156 beds maximum, and 204
beds maximum city-wide.
The Zoning Agreement establishes required distancing of SLBTS' facilities from other
similar facilities, and from certain other uses such as schools, parks and large licensed
day care facililties. It also establishes operational regulations by which SLBTS is
required to comply. Specific required conditions of the Zoning Agreement are
summarized in the SLBTS Compliance Review Matrix (Attachment CC 7) discussed
below.
Compliance Review
The Zoning Agreement provides that SLBTS shall submit a Compliance Review Report
on or before December 31 and June 30 of each year of the term of the Zoning
Agreement. The Compliance Review Report is required to document the current status
of the SLBTS operations and provide information relating to facility locations and bed
counts.
Annual Review of Development Agreement (PA2008 -199)
November 9, 2010
Page 4
SLBTS has submitted its Compliance Review Reports within the deadlines required by
the Zoning Agreement (Attachment CC 5). The accuracy of the information in the
Compliance Review Report is verified by the City through on -site inspections of the
facilities. The Code Enforcement Division conducted interior and exterior inspections of
11 SLBTS facilities at various times throughout the year. The dates and locations of
facility inspections are summarized in the table below. Copies of Code Enforcement
inspection reports are provided in Attachment CC 6.
External
Inspection
all facilities
6111 Seashore Dr.
11240 ' St.
100- 102Via Antibes,
208 Via Lido Soud
In Compliance
In Compliance
Improper use of bedroom
as separate dwelling unit
in 102 Via Antibes unit.
Garage spaces not clear
& accessible for parking.
n
505 29' St. In Compliance
5004 Neptune Ave. In Compliance
Units A & B
5101 B River Ave. In Compliance
4500 -4504 In Compliance
Seashore Dr.
4711 & 4711 '/ Improper di
Seashore Dr. medical waste
611
4183
50529... Street
5101 River Avenue
of 4500 -04 Seashore
Dr.
4800 Seashore Dr.
pliance
Improper disposal of
medical waste.
Improper maintenance
and /or placement of
trash receptacles.
Code Enforcement notified
property owner; issues
corrected.
Note: 100 -102 Via Antibes
and 208 Via Lido Soud
Code Enforcement advised
SLBTS on 913010 of
needed correction. SLBTS
directed facility manager to
revert to correct method.
Code Enforcement advised
SLBTS on 9/3010 of
needed correction. SLBTS
directed facility manager to
revert to correct disposal
method.
Code Enforcement advised
SLBTS on 9/30/10 that all
receptacles must have lids
and be store in contained
area. Conditions have
been corrected.
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Annual Review of Development Agreement (PA2008 -199)
November 9, 2010
Page 5
Staffs review of SLBTS' overall compliance during the past 12 months is summarized in
the attached matrices (Attachment CC 7). Each matrix lists the specific regulations of
the Zoning Agreement, the date and results of inspections conducted by the City, any
complaints received by the City, and staff notes. Each matrix also reflects the areas in
which SLBTS was advised to take corrective action, and the results of that corrective
action.
• The first matrix summarizes the applicable regulations of the Zoning Agreement
related to the overall operations of SLBTS' properties. It identifies where the City
confirmed SLBTS is in compliance with specific requirements.
• The second matrix applies to the SLBTS office use at 2811 Villa Way and the
conditions specified in Exhibit C of the Zoning Agreement ( "Determination Letter"
issued by the Planning Director on August 25, 2006). The matrix identifies where
the City has been able to confirm SLBTS is in compliance with the conditions
required in the Determination Letter, and where further good faith efforts are
required.
• The third matrix includes separate sheets for each individual SLBTS facility,
including facilities closed within the past year. This matrix identifies those areas
where the City has confirmed that SLBTS is in compliance with the specific
requirements of the Zoning Agreement at individual facilities. Where corrective
action was required at individual facilities, recommendations and SLBTS responses
are noted.
Dispersal of Existing Facilities
Under the Zoning Agreement, SLBTS is required to move certain of its operations so
that, generally, no more than one building per block' or across a bordering street is
occupied by any facility operated by SLBTS or other operators of a sober living or
treatment facility.
Through negotiation of the Zoning Agreement, several exceptions to the dispersal
requirement were created. SLBTS may keep the facilities located at:
Facility Address-
Ezceptio
TI
112 B 40t St. and 3960 -3980 Seashore Drive
Located in same block
122 45th Street, Units A & B 2 , and 4500 04
Seashore Drive
Across a bordering street
'Per the NBMC, a block is defined as "an area of land that is bounded on all sides by streets or by streets
and a shoreline or by streets and a cul -de -sac or by any other form of termination of the street (i.e. dead -
end not a cul -de- sac)."
2 Although not required by the Zoning Agreement, SLBTS has closed the facilities at 122 45th Street, Units
A &B.
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Annual Review of Development Agreement (PA2008 -199)
November 9, 2010
Page 6
Facility Address
Exception,
6110 West Ocean Front and 6111 Seashore
Across a bordering street
Drive
4800 Seashore Drive, Units A & B and either
Located in same block
4816 Seashore Drive, Units A & B
Or
4711 and 4711 '% Seashore Drive
Across a bordering street_
SLBTS has taken a number of steps to comply with these provisions. To accelerate the
dispersal process, it has closed all but one of its facilities subject to dispersal. The final
facility subject to dispersal, 4816 Seashore Drive, is scheduled to relocate on or before
December 30, 2010. This date is well within the 30 months required under the Zoning
Agreement.
SLBTS has closed other facilities not subject to dispersal during the past year, primarily
due to economic reasons. SLBTS facilities closed since October 2009 are:
• 5101 River Avenue, Unit A
• 100 -102 Via Antibes, 208 Via Lido Soud (a single building containing 3 units)
•
11634 t Street, Units A and B
• 118 45th Street, Units A and B
•
12245 th Street, Units A and B
• 112 40th Street, Unit A (now SLBTS staff only)
As of October 1, 2010, there are 18 SLBTS facilities currently open providing a total of
94 client beds in 18 dwelling units. Of the facilities currently open, one is scheduled to
relocate within the next two months (4816 Seashore Drive), one new facility has been
opened (4138 Patrice Road), and use of a unit formerly used for staff only has been
changed to allow two client beds (4711 % Seashore Drive).
The new facility located at 4138 Patrice Road is located in a residential district zoned for
multifamily residential use (MFR) outside of the Peninsula Zone. This facility houses six
or fewer female clients, and its state license is pending at this time. This facility was
opened in violation of the terms of the Zoning Agreement due to the fact the opening
occurred prior to the final dispersal required under the Zoning Agreement. However,
the facility is located within an MFR zone as would be required under the terms of the
Zoning Agreement. Additionally, since this facility was opened while SLBTS was in the
process, and in fact, nearing the end of its final required dispersal, and the facility meets
all the requirements of the Zoning Agreement for dispersal, staff views the opening of
this facility as generally consistent with the terms and intent of the Zoning Agreement.
Please refer to Attachment CC 8 for a map showing the location of all open and closed
SLBTS facilities as of October 1, 2010.
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Annual Review of Development Agreement (PA2008 -199)
November 9, 2010
Page 7
24- hour - per -day Hotline
SLBTS has established a hotline that operates 24 hours per day for the purpose of
receiving inquires and /or complaints regarding the operations of its facilities. SLBTS
has indicated they will respond to all inquires and /or complaints within a 24 -hour period.
The hotline telephone number is 949 - 554 -1147. Complaints can also be submitted to
the City's Code Enforcement Division at 949 - 644 -3215.
Villa Way Facility
SLBTS has operated an office and meeting facility at 2811 Villa Way since 1998. The
conditions related to the operations of this facility are specified in the Determination
Letter (Exhibit C of the Zoning Agreement) issued in August 2006.3
Per the Determination Letter, SLBTS may conduct an average of 10 meetings per week
at this facility (averages calculated over a four week period, with no more than 12
meetings permitted in any single week), attended by no more than 20 persons. A
requirement of the Determination Letter is that SLBTS maintain records that document
the number of meetings per week and number of persons in attendance. SLBTS
discontinued maintaining the logs after 2007. Staff advised SLBTS to begin maintaining
logs on an ongoing basis, which they have done. In order to confirm compliance with
this requirement, SLBTS has prepared attendance logs based on other program records
(these records are on file in the Planning Department). The program records indicate
SLBTS is in compliance with this requirement.
Another requirement of the Determination Letter is that SLBTS construct a 13 -space off -
site parking lot on a vacant lot across the street at 2807 Lafayette Avenue. SLBTS
does not own this property, but arranged a lease with the property owner, commenced
improvements and applied for building permits from the City in 2007. However, SLBTS
has still been unable to reach an agreement with the property owner regarding
environmental cleanup of the site. In the meantime, the building permits issued by the
City to construct the parking lot expired on April 17, 2010.
Staff requested SLBTS to provide an update on the progress it is making towards
construction of the required off -site parking lot. SLBTS reports ongoing attempts to
obtain cooperation from the property owners, and states that it has expended
substantial amounts on improvements to remove and replace two driveway approaches,
install an ADA ramp, and curb and gutter improvements. SLBTS reports it has made
more than 15 attempts, directly and through its attorneys, to obtain cooperation in
environmental cleanup of the site designated for off -site parking lot use. Copies of a
portion of the correspondence from SLBTS attorneys to the property owner of the
vacant lot are attached (Attachment CC 9) as an indication of SLBTS' continued good
3 The detailed requirements are set forth in the Determination Letter, incorporated by reference in the
Zoning Agreement and attached to the Zoning Agreement as Exhibit C. The requirements of the
Determination Letter are summarized in the Villa Way facility matrix, Attachment CC 7 to this staff report.
%1
Annual Review of Development Agreement (PA2008 -199)
November 9, 2010
Page 8
faith best efforts to achieve compliance in this area. (The complete record of
correspondence is on file with the Planning Department.)
Staff has determined that SLBTS is not in compliance with the requirement to provide
an off -site parking lot. Staff proposes an eight -month timeline for material progress in
this area. To bring SLBTS into compliance, staff proposes the following schedule and
milestones for 2010 - 2011:
• Allow up to two months to work with the property owner and the Water Quality
Control Board to reach a resolution on environmental cleanup and construction of
the off -site parking lot.
If SLBTS can not make material progress on cleanup and construction of the off -site
parking lot within the two -month period, staff proposes SLBTS use the next two to
four months to seek alternative locations for off -site parking and pursue and enter
into an off -site parking agreement as needed.
Parolees and Govemmental Referrals
To determine whether SLBTS is operating in compliance with the operational
requirement that it house no parolees or government referrals at any of its Newport
Beach facilities, the Newport Beach Police Department (NBPD) performed parolee
checks for all SLBTS addresses on the following dates: January 28, 2010, April 29,
2010, July 29, 2010, September 30, 2010 and October 21, 2010. No SLBTS facility was
listed as housing parolees. A memo from the NBPD is attached, summarizing the
method used by the NBPD to confirm that no parolees are being housed at any SLBTS
address. (Attachment CC 10)
The NBMC restricts any residential use from housing more than one probationer for
monetary or non - monetary compensation. Like other residential uses, SLBTS is subject
to this limitation. SLBTS reports that it treated a total of three probationers in 2010 for
brief periods, and that each probationer was housed at a separate location.
SLBTS reports that it does not accept clients referred by any government agency for
care and supervision at any SLBTS facility.
Calls for Service and Other Complaints
The NBPD has reviewed calls for service related to the SLBTS facility addresses from
October 2009 to September 30, 2010. The NBPD found no complaints submitted by the
public relating to any of the SLBTS facility addresses during the period the facilities
were operated by SLBTS.
The City's Code Enforcement Division has reviewed other complaints received by the
City during this period. The four complaints submitted by the public are summarized in
the table below.
011111111
Annual Review of Development Agreement (PA2008 -199)
November 9, 2010
Page 9
Location
Complaint r
Resolution
100 -102 Via Antibes
Residents smoking outside,
Staff reported complaint to SLBTS;
intrusive behavior to passersby
SLBTS addressed promptly; male
clients relocated
4711 Seashore
Secondhand smoke detected
Staff reported complaints to
off property
SLBTS, SLBTS addressed
promptly
2811 Villa Way
Excessive noise /congregation,
Staff reported to SLBTS; SLBTS
smoking near adjacent office
reports operational changes made
uses
to address complaint
Van #4
Failure to stop at stop sign; cell
Staff reported date and location of
phone use
reported incident to SLBTS;
SLBTS reports addressing with
van driver
There were no subsequent complaints received regarding these facilities. During the
September 30, 2010, meeting with a SLBTS representative, staff recommended
additional measures to reduce or eliminate the impact of secondhand smoke from the
4711 Seashore Drive facility on the adjoining properties, such as limiting the number of
clients smoking in the side yard along 47th Street to no more that three or four clients at
any given time.
Although not required by the Zoning Agreement, City staff reviewed the City's parking
and moving violation records, and noted that SLBTS vans holding Master Parking
Permits received a total of seven parking citations and three moving violations between
October 2009 and October 2010. This does not represent a violation of the terms of the
Zoning Agreement, but reflects the necessity for off - street parking arrangements. The
table below summarizes parking violations and moving violations issued during calendar
years 2009 and 2010 to SLBTS vehicles with Master Parking Permits.
9I
Annual Review of Development Agreement (PA2008 -199)
November 9, 2010
Page 10
Conclusion:
In summary, staff believes that SLBTS has made good faith efforts to comply with all
terms of the Zoning Agreement and is in compliance will all terms of the Zoning
Agreement with the exception of the requirement to provide an off -site parking lot for its
Villa Way office facility. Staff recommends that the City Council:
1. Find that SLBTS has demonstrated good faith compliance with the terms of the
Zoning Agreement, except the requirement to provide an off -site parking lot to serve
its Villa Way office facility; and
2. Accept staffs recommendation for the milestones to bring SLBTS into compliance
with this required term of the Zoning Agreement; and
3. Receive and file the documents submitted by SLBTS to demonstrate compliance for
the period of October 2009 through September 2010.
The next annual review will be brought back to the City Council for consideration in July
2011 consistent with the review protocol promulgated by the Office of the City Attorney.
Environmental Review:
This annual review is exempt from environmental review pursuant to Section 1.5321 of
the Guidelines for Implementation of the California Environmental Quality Act. This
section exempts actions by regulatory agencies to enforce or revoke a lease, permit,
license, certificate, or other entitlement for use issued, adopted, or prescribed by the
regulatory agency or enforcement of a law, general rule, standard, or objective,
administered or adopted by the regulatory agency.
Public Notice:
Notice of this hearing was published in the Daily Pilot, mailed to all owners and
occupants of property within 300 feet of the boundaries of each of the property
locations, and mailed to the applicant at least 10 days prior to this hearing, consistent
with the provisions of the NBMC. Notice of this hearing was also posted at each
property location at least 10 days prior to this hearing. Additionally, the item was shown
on the agenda for this meeting, which was posted at City Hall and on the City website.
Prepared by: Submitted by:
,t
9,
Ja t J nson Brown
sd iate Planner
David R. Hunt
City Attorney
/0
Annual Review of Development Agreement (PA2008 -199)
November 9, 2010
Page 11
Attachments:
CC 1 SLBTS Documents Demonstrating Compliance
CC 2 Zoning Agreement Administration Protocol
CC 3 Inventory of Client Beds
CC 4 Zoning Agreement
CC 5 SLBTS Compliance Review Reports
CC 6 Code Enforcement Inspection Reports
CC 7 SLBTS Compliance Matrices
CC 8 Map of SLBTS Facilities — Open and Closed as of October 2010
CC 9 SLBTS Correspondence Re: Vacant Lot (parking lot site)
CC 10 NBPD Memorandum Re: Parolees and Probationers
Attachment No. CC 1
SLBTS Documents Demonstrating
Compliance
RECRIVL?D By
PLANNING DEPARTMENT
Exhibit G NOV 1 2010
Sober Living By The Sea
Bi- Annual Compliance Review Report
Date Report Submitted: Oct, 29, 2010 CITY OF NEWPORT BEACH
This form covers operations as of October 1, 2010.
As of this date Sober Living By The Sea (SLBTS) managed or controlled the following facilities in Newport Beach:
SLBTS FACILITIES
Property Address
Peninsula
Zone
(Y or N)
Treatment Bed Count
ADP
License
(Y or N)
Peninsula
Off
Peninsula
4138 Patrice
N
6
Y
4711 Seashore
Y
6
Y
4711 '% Seashore
y
2
N
505 291h Street
y
6
y
3960 Seashore
y
4
y
3980 Seashore
Y
6
Y
h
11240 StUnit A
Y
0 (2 staff
only)
N
112 40ffi St Unit B
y
6
N
4500 / 4504 Seashore
Y
10
y
, units A & B
Y
10
y
, unit A
Z-4
y
2
y
, unit B
y
6
y
unit A
y
6
N
5004 Neptune, unit B
y
6
N
5101 River, unit B
y
6
y
6110 West Ocean Front
y
6
y
6111 Seashore
n_.._i. n
Y
6
y
VUU "UU UOUnL. V4
Effective July 31, 2010, Sober Living by the Sea No longer operates facilities at:
100 -102 Via Antibes
208 Via Lido
Effective August 1, 2010, sober Living by the Sea established a facility at:
4138 Patrice Road
Effective Sept 1, 2010, Sober Living by the Sea established a facility previously used by staff only
at:
4711 %2 Seashore Dr.
Note: In the above chart, "Clients" and `Client Beds" has the same meaning as "beds occupied in the City at any time by
persons who are patients, clients or customers of Sober Living" in the Zoning Agreement. In other words, if SLBTS has noted
that it housed six Clients in a particular facility, then it also had an equal number of Client Beds ( "beds occupied in the City at
any time by person who are patients, clients or customers of Sober Living') in that facility.
The SLBTS Staff Member to join the City in any inspection of the above facilities shall be: Jeff Hamilton,
ihamilton@crchealth.com . 949.279.1490
During the above Compliance Review Period, SLBTS's signature below indicates that it certifies that it has met all Operational
Conditions as described in the Zoning Agreement and its exhibits.
Sober Living By The Sea
DATE 44 [Title]
.lane( Brown
lik3ta?fvisf> i't1'
planner, Associate llt,etNN1'NC; t)I'rAtt'rititfNT
3300 Newport 131 v
OCT 2
Now -port Beach. Ca
92663 C11YOFNZiWvol7 "f.HPAC.0
Re: Annual Review of Zoning Agreement
Dear Ives. Brown:
III t utherance of the information needed for the Annual Review of our Zoning Agreement, Sober
Living By the Sea ( "SLBI-S ") sobmits the following responses to the matters of interest
expressed by the City. For convenience and consistency, 1 am responding in the order that cacti
issue appears in the, letter frorn the City Attorney, David 1•h11)t to Edward Dilkes, dated October
12, 2010.
1.. Da to i'or the Annual Review: NVe agree that having Ilie review on the Second \,Iceting of
July would offer the best
2. time for that activity. we will adjust our reporting operations to make that date work.
3.. Second 1I ind 'Hoke: The coucero about second hand smoke at 4711 Seashore was
immediately addressed by moving the smoking looation to the back'ofthe building.
Given the prevailing direction of the wind at that address, we da "at cSpcct any fitrther
problems.
4: .G ira e " sace: The garage at 100 - 102 Antibes may have been ftdl of furniture rind other
kerns during the period that wo were closing that filcihtY. It is Crow closed and we do not
occul)y that f leility; any longer. The facility at 4711 Seashore had bedding and personal
Affects belonging to a client who was leavh)g titd facility at the time tine City's inspectors
cntcred the garage. We invnccliaiely "loved the' obstructions to another room, and th Y
client transported them to a new address; a few days later, We have also engaged i
ongoing staff training .pn 1l,te,need to keep garage parking spaces available. . a
fr3 Y
2S1 t Villa W'.iy ticav(mr't Beach, CA 92663 /iIGS
(800)647- 0042 • (949)673-:6696 • Iaaax (4J49)675-4285 .
5. 1 rysh Oi pos_II: We have rel,cmeklk had the lids on trash cams taken. As a result, wv
have had complaints, at various I';tcilities that tile, hash is not in a "Closed container as
required by the NBINIC. We cecre unable to locate container, with attached lids that were
within the cities weight limit". "'e, have increased sunrrll :uuc, which should salve Ow
problem. I Ire disposal of sukx!:mce abuse tract kits has bccn ahr subiect of discussion.
The,% arc not
.:medical waste" any more than baby's diapers. sanitary napkins or incontinence pads.
and are not prohibited in the pubic trash stream. That said. SLBTS has agreed to dispose
of titer human fluids in the sanitary sewer and will Ilse the trash system only Inv the
upended kits, themselves. Finally, to tile,, extent that trash cans are occasionally stored
out of place, we have established procedures to ensure that the proper locations are uscel.
We have undertaken staff training on these issues and will continue to do so.
6. 13ed A_11iUfnnt �AyVarious Locations: Apparently, on one inspection, there was a
question about lice number of beds available for use at one facility. Sometimes the
equipment belonged to clients who were coming or going from a facility. Sometimes it
was equipment belonging to an employee. In all events. SLBTS has never exceeded the
nu nher of beds for persons in recovery, in any facility.
Parkin, Lot: SLBTS has leased (he property at the point of Villa Way and I.al'ayette,
since the end of 2005. The curbs and gutters around that property were installed by
SLBTS. Unfortunately coulpletion of all other work has been delayed by (he owner of
the property. It is our understanding that the Water Quality Control Board is preparing a
plan and will process it for approval. SLBTS has sent dozens of entails and letters in all
effort to get the owners of the property to act, and have contacted the owners, the
contractor and the attorneys, repeatedly.
S, Unfor(unately, none of those el'liirts hats had any effect, and SLBTS has been able to
fashion only 4 parking spaces out of the lot. We will continue to pressure (l)e owners to
get the renedintion completed, but also need to open discussions about what to do Wall
efforts fail.
9. e—etin s al 281I rilla Yav: SLB "I'S is within the maximum numbers,ol' clients
perttiitted to attend 'mteetingsal ?S1 t Villa Way. SI,BTS previously (lid not keep general
meeting attendance data. Rather, SL13TS maintai tied a "roll call' of cool) meeting, but
those reeoeds are designed to monitor treatment of clients and cannot be released, because
they contain the names ofthe participants. Disclosure of that "roll call" information
would constitute a violation of our obligation to maintain the confidentiality ofour
clients. Title 11 of tile Health Insurance Portability and Accountability Act, 29 USC 1 151
of seq. requires ongoing maintenance of client confidentiality, The regulations in 45 CFR
160 and 164 and 42 CPR Part 11 add additional detail to this obligation, (See 45 CFR 164
turd 42.C)rR Par( 11) Unfortunu ely attendance summaries were not prepared until this
surnmer. In line future, SLBTS will maintain general ruceting attendance data. It will
make data available to tile, city, as needed. For (lie current Annual review..S)LBTS
rtea prepared summations of the maximum number of clients that could have anended dx
meetings scheduled at 2S I I Villa \\'a}. It is unlikely than all of those unduplicntat
individuals actually aucnded all orow mcethys to which they vrere theoretically capable
of pal6eipation, but these maximum nunnbcrs are will v +ithin tilt: permitted limits, and
should assure congntete compliance with the AgIcelaeol, by SHI IS.
10. Although various SL,BTS facilities are approved for housing people
on probation to the County, onh 2 or 3 have actually resided in our 1101ilks in the last
year. i \ll were housed at sims for very short periods of bone. Most importantly, no
facility had more than one person on probation at any nuuncnt in time.
1 I. Yrcftec3ive_Soeial Care: Neither Alcoholism and Drug Treatment and Recovery Facilities
drat are licensed by the State nor Sober living Ilonncs are facilities that provide "care and
supervision," as defined in See6otn 310.2 of die California Building Code. None of the
Facilities operated by SLBTS performs any of tee activities described in that section. As
a matter oFcompany policy, no one is accepted into the programs at SLBTS, if they
require such management.
12. Dcf ttitinn of `Client Beds:" Nve agree that the Zoning Agreement uses very
cumbersome terminology to define the number of beds that are physically in place, for
client use, at any Moment in time Accordingly, we propose using the terns, "Beds
Available liar Clients" as the term to describe the number of beds theoretically available
at tiny moment. The absolute number of beds permitted by the Coning Agreement is
publically available information, and the nunnber of clients acatally in place (the `census"
figure) is confidential information. Between those two is the number of beds that are
actually available to clients, not all ol'which will be occupied at any specific moment.
Your professionalism in completing this first tumult review has been appreciated, if there is any
Farther information we can provide or any assistance we can be, please contact tile.
Sincerely,.
Kat(ifeeW ylvia
I-D, Sober Living By The Sea
Cc: John R Peloquin,
I'antela Burke, Sr. Vice President and General Counsel
J
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
David R. Hunt, City Attorney
October 12, 2010
VIA FACSIMILE (323) 466 -8360
Edward Dilkes
Attorney at Law
2443 Park Oak Drive
Hollywood, CA 90068
RE: Sober Living by the Sea Annual Compliance Review — matters to address
prior to hearing
Matter No: A10 -00195
Dear Mr. Dilkes:
Thank you for your call to our office on October 4, 2010 to discuss your client, Sober Living
by the Sea's, (SLBTS) upcoming annual Zoning Agreement compliance review. It is
scheduled to be heard before the Newport Beach City Council on November 9, 2010. We
appreciate your clients' efforts to demonstrate good faith compliance with the terms of the
agreement. We write to inform you of the approach the City will be taking in its report to
the City Council, the issues we have resolved, and the issues the City and SLBTS still
need to address before the City Council report is complete.
Timinq of Current Review:
As we discussed with your client on September 30, 2010, staff plans to present the City
Council with a staff report that summarizes the terms and conditions of the Zoning
Agreement, describes the compliance review process undertaken by staff, and reports the
results of staffs review. This description includes results of the 11 facility inspections
conducted by Code Enforcement staff at various times throughout the year, and the
exterior Inspections of all SLBTS facilities conducted on September 30, 2010. Staff has
also prepared exhibits detailing the specific conditions of the Zoning Agreement and,
where possible, confirmation of SLBTS' compliance with each condition overall and at
each individual SLBTS residential facility. Staff is preparing exhibits that reflect the
Newport Beach Police Department's periodic review of whether parolees are residing at
SLBTS facility addresses. The biannual Compliance Review Reports submitted by SLBTS
are also attached to the staff reports as exhibits.
Telephone: (949) 644 -3131 • Fax: (949) 644 -3139
City Hall - 3300 Newport Boulevard.- Post Office Box 1768
Newport Beach California 92658 -8915 - www.city.newport- beach.ca.us
Edward Dilkes, Esq.
October 12, 2010
Page 2
Issues Resolved:
Through staffs communications with your client, throughout the year and during our
September 30th meeting with Kathy Sylvia of SLBTS, we have resolved the following
issues.
We achieved resolution of the two complaints about second -hand smoke after
informing SLBTS' staff of the complaints. It appears the two complaints were
promptly addressed, and the City did not receive further complaints about smoking
at these locations. Staff provided suggestions for further mitigation techniques at
one facility, 4711 Seashore.
During Inspections, Code Enforcement found some areas where SLBTS was not in
compliance with conditions of the Zoning Agreement at specific facilities. These
included:
o Garage spaces not open and clear for parking at 100 -102 Via Antibes;
o Improper disposal of medical waste at two facilities (4138 Patrice and 4711
Seashore);
o During the September 30 external inspections, Code Enforcement staff
noted that four SLBTS' facilities were not in compliance with Newport Beach
Municipal Code ( "NBMC ") trash enclosure provisions.
City staff informed SLBTS' staff or the owner of the property when each of these
non - compliant conditions was observed or reported, and in most cases, the
conditions were corrected on a timely basis. (The only exception to this is two
facilities, 505 29"' Street and 4500 — 4504 Seashore, which continued to leave lids
off its trash cans as of October 5, 2010; the City anticipates that SLBTS will comply
with this condition after being informed again of the violation.)
In addition, there were two facilities that contained a number of beds or mattresses higher
than the permitted client bed count plus staff. in each case, SLBTS' staff provided Code
Enforcement inspectors with a reasonable explanation for the presence of the additional
beds (a staff member had moved in and was temporarily storing his bed from his prior
dwelling, and mattresses and/or frames from a facility that had closed were being stored
on a temporary basis).
Edward Dilkes, Esq.
October 12, 2010
Page 3
Issues to Resolve:
Review of City records and communications with SLBTS staff indicate that SLBTS is not
currently in compliance with Section 6 of the Zoning Agreement. Section 6 incorporates
SLBTS' rights and the City's requirements in relation to the SLBTS leased office and
meeting facility at 2811 Villa Way, as set forth in the August 25, 2006 letter from the City's
Planning Department to SLBTS (the 2006 Letter). There are issues with parking lot and
meeting compliance.
Parkins Lot.
SLBTS' staff has informed the City that it has made numerous attempts since October
2009 to move forward with completing the parking lot that is required under the terms of
the 2006 Letter. SLBTS' staff has provided the City with a copy of an email sent by CRC
VP and Deputy General Counsel Nathaniel Weiner to a Mr. Ronald Ballard on October 29,
2009, attempting to proceed with parking lot development. City records also show that
SLBTS has purchased 11 Master Parking Pen-nits and four Annual Parking Permits to
achieve Interim compliance with the parking requirements of the 2006 Letter. However,
the City would like to see further progress in this area, and will continue to work with
SLBTS' staff to move this project forward.
2. Meetings and Attendance.
It appears that SLBTS is not in compliance with the terms of the 2006 Letter that limit the
number of meetings and meeting attendees that can be held at the 2811 Villa Way facility.
Section 5 of the 2006 Letter limits SLBTS to a four -week average of 10 meetings a week,
and a maximum of 12 meetings in any single week, at 2811 Villa Way. A maximum of 20
people may attend any single meeting. Section 5 of the 2006 Letter further requires that
SLBTS maintain records that document the number of meetings held per week, and the
number of persons in attendance. Section 7 of the 2006 Letter states that any meeting in
excess of 20 persons must be held in a different location, not at 2811 Villa Way.
In 2006 and 2007, SLBTS was keeping meeting logs and providing the logs to City staff to
demonstrate compliance with the terms of the 2006 Letter. When asked in October 2010
to provide the logs for inclusion with other reporting documents for the 2010 compliance
review, SLBTS' staff indicated that they no longer kept these records, and that
approximately 22 — 23 clients attended the various meetings. A meeting schedule
provided to the City by SLBTS in October 2010 indicates that 27 meetings per week are
scheduled held at 2811 Villa Way, attended by between 3 and 25 persons.
In addition, approximately one month ago, the City received a complaint that SLBTS had
installed a ping pong table in the covered patio area of the SLBTS' facility, and that clients
Edward Dilkes, Esq.
October 12, 2010
Page 4
were congregating in the covered patio area for longer than 10 minutes prior to and /or
after meetings again. Congregating in the covered patio more than 10 minutes before or
after a meeting is in violation of Section 4 of the 2006 Letter, and, by incorporation, the
SLBTS Zoning Agreement.
The current practices at 2811 Villa Way are not in compliance with the Zoning Agreement.
We request that your client promptly comply with the conditions it agreed to in 2006, and
again in 2009. Please provide an explanation of why these conditions have not been met,
and how SLBTS intends to comply in the future. As the Planning Director stated in the
2006 Letter, deviations from the conditions of the 2006 Letter would change the category
of the use at 2811 Villa Way to a "social club" use, which is a use that requires a use
permit, a permit that was denied SLBTS in 2006.
Other Issues:
We note the following and request SLBTS to confirm compliance with the following:
1. Probationer Limit.
Under NBMC Section 20.10.020, no more than one probationer can be housed at any
SLBTS facility at a time. In light of staffs discovery that SLBTS' facilities at 4500
Seashore, 4800 Seashore and 505 29u' Street hold approval from Orange County
Probation to house probationers, please provide assurances that no SLBTS facility houses
more than one probationer at any time.
2. Protective Social Care.
Through Section C .2.d of Exhibit B to the Zoning Agreement, SLBTS agreed it would not
accept client referrals or placement within a SLBTS home for protective social care and
supervision services. Section 310.2 of the 2007 Edition of the California Building Code
defines "care and supervision" as:
(A]ny one of more of the following activities provided by a person or facility to meet the
needs of the clients.
Assistance in dressing, grooming, bathing and other personal hygiene.
Assistance in taking medication.
Central storage and /or distribution of medications.
Arrangement of and assistance with medical and dental care.
Maintenance of house rules for the protection of clients.
Supervision of client schedules and activities..
Maintenance and /or supervision of client cash resources or property.
Edward Dilkes, Esq.
October 12, 2010
Page 5
Monitoring of food intake or special diets.
Providing basic services required by applicable law and regulation to be provided by the
licensee in order obtain and maintain a community -care facility.
California Building Code, 2007 Edition, § 310.2 (italics in original, emphasis added)
To comply with the terms of the Zoning Agreement, as well as maintain compliance with
California Building Code requirements for facilities in buildings with a less than five -foot
setback, no SLBTS' facility that provides one or more of the services listed above may
accept clients who were referred for care by any government agency.
Documents Requested:
Because NBMC Section 15.45.080 requires that applicants demonstrate annual
compliance with the terms of any development agreement, we encourage your client to
present a letter or other document providing facts or explanations that demonstrate its
good faith compliance. Such action is consistent with the practices of all other participants
in development agreements with the City. The Planning Department has given your client
a compliance letter submitted by another development agreement participant to use as a
sample, and to illustrate the sort of reporting provided by other development agreement
participants.
To complete the exhibits for our staff report, I request you or your client provide the City s
Planning Department with the following documents:
A letter from you explaining SLBTS' efforts to comply with the parking lot
requirement of the 2006 Letter, obstacles to compliance SLBTS has encountered,
and SLBTS' plans to overcome those obstacles;
• Copies of any correspondence in addition to the October 29, 2009 email from CRC
VP and Deputy General Counsel Nathaniel Weiner to Ronald Ballard which SLBTS'
legal counsel has sent to the owners of the parking lot property, attempting to move
the parking lot project forward; and
Any evidence or certification of good faith compliance with the terms of the Zoning
Agreement SLBTS can provide, and an explanation of areas identified as out of
compliance. (An acceptable form for certification is enclosed).
Zoning Administration Protocol:
The City's Planning Department and the Office of the City Attorney are in the process of
drafting protocol for future administration of Zoning Agreement's, including the SLBTS
Edward Dilkes, Esq.
October 12, 2010
Page 6
agreement. When the draft is complete, we would like to meet with you and /or your client
to discuss the proposed Zoning Agreement administration protocol, and make adjustments
as needed.
With SLBTS' agreement and cooperation, the City wishes to adjust or formalize the
following administrative practices and procedures in order to simplify and bring greater
consistency to the process:
Council — The Zoning Agreement (through Exhibit B, Sections A.1 and A.2) limits
the number of "beds occupied in the City at any time by persons who are patients,
clients of customers of Sober Living ... " Since the phrase "beds occupied in the
City at any time by persons who are patients, clients or customers of Sober Living"
is cumbersome to use repeatedly in written documents and particularly in oral
presentations, the City shall use the phrase "client beds" as a shorthand substitute
for "beds occupied in the City at any time by persons who are patients, clients or
customers of Sober Living." This simple change of language will allow for
consistency with other Zoning Agreements and does not have a substantive affect
on the provisions.
SLBTS explanation for numbers of beds observed during inspections in excess of
number of client beds permitted - During inspections conducted by the City's Code
Enforcement Division under the terns of the Zoning Agreement, City inspectors
may observe beds and /or portions of beds in numbers that exceed the number of
client beds ( "beds occupied ") permitted under the Zoning Agreement at that facility
location. This situation arose at several of the City's 2010 inspections. in each
case, City Code Enforcement inspectors asked SLBTS' staff for an explanation of
the beds in addition to permitted client beds, and in each case the inspectors
received an explanation from SLBTS' staff that satisfied them that SLBTS was not
operating the facility with a client bed capacity that exceeded the permitted number,
and was not housing additional residents (excepting a staff member) who were not
treatment clients. (Beds in excess of permitted client beds were generally
explained as either a single staff bed in a facility, or one or two mattresses being
stored temporarily during staff or facility relocation.)
Effective date of Settlement Agreement and Zoning Agreement — At this time, the
various Zoning Agreement and Settlement Agreement documents between the City
and SLBTS create two different Effective Dates for review of Zoning Administration
compliance. With SLBTS' agreement, the City would like to establish a single date
for annual review of Zoning Agreement Compliance, and the following schedule of
compliance dates:
Edward Dilkes, Esq.
October 12, 2010
Page 7
o Per Section 14 of the Zoning Agreement, the parties shall review the Zoning
Agreement at least once every 12 months from the Zoning Agreement's
Effective Date for good faith compliance with the terms of the Agreement.
The Zoning Agreement defines the Effective Date as the 91s` day following
the City Council's passage of the ordinance approving the Zoning
Agreement, or May 12, 2009.
o NBMC Section 15.45.080 requires that the City Council review all
development agreements for compliance at least once every 12 months
from the date on which the agreement ''is executed." The Zoning Agreement
was "executed" when the parties to the Agreement signed Amendment 1 to
the Settlement Agreement on September 30, 2009.
The City proposes that the City Council conduct all future annual reviews of
the Zoning Agreement for compliance, to the greatest extent possible, at its
second regular meeting in July of each year. This date would (1) fall well
within the period required by NBMC Section 15.45.080, (2) fall closer to the
date indicated by Section 14 of the Zoning Agreement, and (3) would allow
the annual compliance review to incorporate both of SLBTS' biannual
Compliance Review Reports, which the Zoning Agreement requires be
submitted on or before December 31 and June 30 of every year.
Notice of inspections — Consistent with the Zoning Agreement and testimony at
the hearing regarding the Zoning Agreement the Code Enforcement Division will
provide reasonable notice to SLBTS when during regular business hours, it plans
to inspect a facility. In no event will notice be less than 2 — 4 hours notice, for
consistency with other Zoning Agreements entered by the City, and City
inspection protocols.
• SLBTS demonstration of compliance — As discussed above, the City
recommends that at or prior to each annual City Council review, SLBTS submits
evidence of good faith compliance with the terms of the Zoning Agreement, an
explanation if there are areas in which it is not in compliance and a description of
its good faith efforts to comply.
We would like to meet with you or any other appropriate, legal representative of SLBTS
before October 29, 2010 to discuss the proposed Zoning Administration protocol, as
well as other details of compliance review. My office will contact you to set up a
mutually agreeable meeting time.
Edward Dilkes, Esq.
October 12, 2010
Page 8
Please feel free to contact the undersigned if you have any questions about the
contents of this letter, or the Zoning Agreement annual compliance review.
Sincerely,
OFFIQXE OF TLJE CITY ATTORNEY
David R. Hunt,
City Attorney for the
City of Newport Beach
DRH:cmw
cc: Dave Kiff, City Manager
Jim Campbell, Acting Planning Director
Janet Brown, Associate Planner
Kathy Sylvia, Sober Living by the Sea
John Peloquin, CRC Health Care, Inc.
Pam Burke, CRC Health Care, Inc.
[A10-00105 /&UsEft n DRH 10.12.10 reAWers BeWHry
Sober Living By The Sea
BI-Annual Compliance Review Report
Date Report Submitted:
This form covers the 6 -month period of through
During the above period, Sober Living By The Sea (SLBTS) managed or controlled the following facilities in Newport Beach:
Note: In the above chart, `Clients" and "Client Beds' has the same meaning as "beds occupied in the City at any time by persons who
are patients, clients or customers of Sober Living" in the Zoning Agreement and. In other words, if SLBTS has noted that it housed six
Clients in a particular facility, then it also had an equal number of Client Beds ('beds occupied in the City at any time by person who are
patients, clients or customers of Sober Living ") in that facility.
The SLBTS Staff Member to join the City in any Inspection of the above facilities shall be:
, phone #:
(e -mail:
During the above Compliance Review Period, SLBTS's signature below indicates that it certifies that it has met all Operational
Conditions as descdbed in the Zoning Agreement and its exhibits.
Sober Living By The Sea
DATE * *` " "*" "* [Title]
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JOE NO.
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DESTINATION ADDRESS
913234668360
PSWD /SUBADDRESS
DESTINATION ID
ST. TIME
10/12 16:29
USAGE T
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RESULT
OK
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
David R. Hunt, City Attorney
October 12, 2010
VIA FACSIMILE (323) 466 -8360
Edward Dikes
Attorney at Law
2443 Park Oak Drive
Hollywood, CA 90068
RE: Sober Living by the Sea Annual Compliance Review — matters to address
prior to hearing
Matter No: A10 -00195
Dear Mr. Diikes:
Thank you for your call to our office on October 4, 2010 to discuss your client, Sober Living
by the Sea's, (SLBTS) upcoming annual Zoning Agreement compliance review. It Is
scheduled to be heard before the. Newport Beach City Council on November 9, 2010. We
appreciate your clients' efforts to demonstrate good faith compliance with the terms of the
agreement. We write to Inform you of the approach the City will be taking In its report to
the City Council, the issues we have resolved, and the issues the City and SLBTS still
need to address before the City Council report is complete.
Timing of Current Review:
As we discussed with your client on September 30, 2010, staff plans to present the City
Council with a staff report that summarizes the terms and conditions of the Zoning
Agreement, describes the compliance review process undertaken by staff, and reports the
results of staffs review. This description includes results of the 11 facility inspections
conducted by Code Enforcement staff at various times throughout the year, and the
exterior inspections of all SLBTS facilities conducted on September 30, 2010. Staff has
�Uvl
Attachment No. CC 2
Zoning Agreement Administration Protocol
Al
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
DATE: October 29, 2010
TO: Janet Brown, Associate Planner
Matt Cosylion, Senior Code Enforcement Officer
FROM: Office of the City Attorney
David R. Hunt, City Attorney
MATTER: Group Homes: Code Enforcement;
A09 -00417
SUBJECT: Zoning Administration Protocol
This memorandum sets forth the standard protocol and procedures for administering the City's
zoning agreements with alcohol and drug abuse recovery and treatment facility operators ( "Drug
and Alcohol Recovery Facility operators "). This protocol will be provided to Drug and Alcohol
Recovery Facility operators that have entered zoning agreements with the City, for their
information.
DRUG AND ALCOHOL RECOVERY FACILITIES
ZONING AGREEMENT ADMINISTRATION PROTOCOL
The following protocol reflects the City's compliance review, as set forth under the City's Zoning
Agreements with Sober Living by the Sea ( "SLBTS "), Morningside Recovery ( "Morningside "),
and any other Drug and Alcohol Recovery Facility operator with which such an agreement may
be entered (collectively "Operators').
1.0 Inspection Protocol
1.1 Operators shall submit to the City's Code Enforcement Division ( "CED ") the
Compliance Review Report ( "Report") shown as an exhibit to Operator's Zoning
Agreement, at the times required under Operator's Zoning Agreement. At the same
time, Operators shall also submit the name, phone number, and e-mail of its staff
member(s) designated to join any inspection ( "Operator Staff Member').
1.2 On a quarterly basis, CED shall submit the list of each Operator's facilities to the
Police Department for verification that each Operator is in compliance with the terms of
Operator's Zoning Agreement that relate to parolees and probationers, and the
prohibition on Parolee- Probationer Homes as defined by Newport Beach Municipal
Code Section 20.05.030.
1.3 On a quarterly basis, CED shall select up to four (4) facilities on the list to verify the
client count and client bed count through an onsite inspection during a weekday.
Zoning Agreement Administration Protocol
October 29, 2010
Page: 2
1.4 CED shall notify the Operator Staff Member by e-mail and telephone of the time of the
inspection and which facilities will be inspected. Such notification will occur a
reasonable amount of time prior to the inspection, generally four (4) but not less than
two (2) hours prior to inspection.
1.5 While inspecting each facility, CED staff shall not obtain client names nor take photos
of clients and shall be respectful at all times of client privacy. CED staff shall count
clients and /or client beds and verify that the client and /or client bed count at each
facility does not exceed those on the reports submitted by Operator.
1.6 If, during a facility inspection, CED observes beds (assembled or unassembled) in
excess of the number of client and staff beds reported by Operator, CED shall request,
and Operator shall provide, an explanation of the presence of such additional beds.
1.7 An inspection report shall be made for each facility.
1.8 All inspection reports and Reports submitted by Operator to CED shall be submitted to
the Planning Department for inclusion in the City's annual review of Operator
compliance with the Zoning Agreement.
2.0 Compliance Review Protocol
2.1 The Effective Date of the Zoning Agreement and Settlement Agreement between the
City and SLBTS shall be May 12, 2009. The Effective Date of the Zoning Agreement
between the City and Morningside shall be December 28, 2010. The Effective Date
for any other Operator with which the City may enter such an agreement, shall be as
defined in the Operator's Zoning Agreement.
2.2 Annual Review of SLBTS' compliance with the Zoning Agreement shall be held, to the
greatest extent possible, at the second City Council meeting in July of each year.
2.3 For public notice purposes, the properties that must be posted prior to the public
hearing shall include only those operated by Operator at the time of the Compliance
Review hearing.
2.4 To prevent inadvertent dissemination of confidential business information of Operators,
including the number of beds actually occupied by persons who are patients, clients or
customers of Operators during City inspections, and to provide a convenient shorthand
reference to housing for persons who are patients, clients or customers of Operators,
the City shall refer to patients, clients and customers of Operators as "clients," and to
beds occupied or potentially occupied by clients at Operators' residential facilities as
"client beds."
2.5 The terms of each Zoning Agreement, (including, in the case of SLBTS, the terms of
the August 25, 2006 Determination Letter from the Planning Director to SLBTS), shall
be reviewed by staff prior to annual Compliance Review, and good faith compliance
with the terms of the Zoning Agreement shall be noted in staff reports and exhibits
where staff believes such good faith compliance has been demonstrated. Operator is
encouraged to provide any written documentation or statement demonstrating its good
faith best efforts at compliance for City Council review prior to the annual Compliance
Review.
I
Zoning Agreement Administration Protocol
October 29, 2010
Page: 3
2.6 When there is a difference between the procedures established in this Protocol and
the language of a specific agreement, the agreement shall control. Waiver by the
Operator, in any given year, of a right or procedure contained in the Operator's Zoning
Agreement shall not constitute a permanent waiver of such right or procedure.
3.0 Facility Relocation
City staff is responsible for administering more than one Zoning Agreement with Drug and
Alcohol Recovery Facility operators, and is also responsible for advising residential care facility
operators who may apply for use permits and reasonable accommodations in the proximity of
other such uses. In order to perform these functions, staff must be aware of the location of such
facilities. For this reason, and to provide Operator with assurance that any new facility location
they are considering is not located in the same block as any other residential care facility,
Operator shall notify the City of planned relocations, and planned facility closures prior to
relocating or opening any new facility. Operator shall make best efforts to notify the City of
facility closures as close to the date of closure as possible.
CONCLUSION
This protocol shall be executed in a fair and reasonable manner calculated to preserve the
residential neighborhoods in which Drug and Alcohol Recovery Facilities are located and to
protect the rights of the disabled to obtain housing and recovery facilities within the community.
aR
Cc:
David Kiff, City Manager
Jim Campbell, Planning Director
(A09- 004171- JS & MC from DRH re ZA Admin Protocol
9A�
Attachment No. CC 3
Inventory of Client Beds
SOBER LIVING BY THE SEA, INC.
Inventor Beds
-
L
Street
No.
Unit
Street
# Beds
May '08
# Beds
Dec. '09
# Beds
June '10
208
B
Via Lido Soud
—Antibes
6
4
4
100
Via
6
4
4
102
B
Via Antibes
6
4
4
505
29" Street
6
6
6
112 1 B
M.
11
OUU4
A
Neptune Street
6
1 6
6
5004
B
Neptune Street
6
6
6
Y
5101
B
River Avenue
6
6
6
3960
Seashore Drive
6
4
4
3980
Seashore Drive
6
6
6
4500
Seashore Drive
6
4
4
4504
Seashore Drive
6
6
6
4711
Seashore Drive
6
6
6
4800
A
Seashore Drive
6
4
4
4800
8
Seashore Drive
6
6
6
4816
A
Seashore Drive
6
4
4
4816
B
Seashore Drive
6
6
6
6111
Seashore Drive
6
6
6
6110
West Ocean Front
6
6
6
TOTAL BEDS &
Number of Dwelling Units (DU's):
204
34 DU's
122
25 DU's
100
22 DU's
(*staff only)
Attachment No. CC 4
Zoning Agreement
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Office of the City Attorney
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658
Recorded in Official Records, Orange County
Tom Daly, Clerk- Recorder
111111111111111111111119111111111111111�IIIIIIIIIIIIUIIIIIIIhIIIIINO FEE
2009000577876 01:49pm 10/23109
216 28 Al2 31
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
[Exempt from Recordation Fee per Government Code Section 27383
CONFORMED COPY
Not Compared with Original
ZONING IMPLEMENTATION
AND
PUBLIC BENEFIT AGREEMENT
Zoning Agreement
ZONING IMPLEMENTATION
AND PUBLIC BENEFIT AGREEMENT
(Pursuant to California Government Code § §65864- 65669.5)
This Zoning Implementation and Public Benefit Agreement (the "Zoning Agreement ") is
entered into on September 30. 2009, by and between the CITY OF NEWPORT BEACH, a
charter city ( "City') and SOBER LIVING BY THE SEA, INC., a CALIFORNIA CORPORATION,
COMPREHENSIVE ADDICTION PROGRAMS, INC., a Delaware Corporation, CRC HEALTH
CORPORATION, a Delaware Corporation, CRC HEALTH GROUP, INC., a Delaware
Corporation (collectively referred to as "Operator"). City and Operator and Operator's Affiliates
as herein defined, are sometimes collectively referred to in the Zoning Agreement as the
"Parties" and individually as a "Party."
RECITALS
A. The City Council hereby finds this Zoning Agreement is consistent with
provisions of California Government Code §65867, and the City of Newport Beach Municipal
Code Chapter 15.45 and the City's General Plan.
B. On November 20, 2008, City's Planning Commission held a public hearing on
this Zoning Agreement, made findings and determinations with respect to this Zoning
Agreement, and recommended to the City Council that the City Council approve this Zoning
Agreement.
C. On January 27, 2009, the City Council also held a public hearing on this Zoning
Agreement and considered the Planning Commission's recommendations and the testimony
and information submitted by City staff, Operator and members of the public. On February 10,
2009, pursuant to the applicable state law (California Government Code § §65864 - 65869.5) and
local law (City of Newport Beach Municipal Code Chapter 15.45), the City Council passed its
Ordinance No. 2009.4 finding this Zoning Agreement to be consistent with the City of Newport
BeacIT'Go oral Plan and approving this Zoning Agreement.
D. This Zoning Agreement allows Sober Living a vested right to: (i) operate 156
beds of recovery facilities within the area they are currently operating, and as more particularly
defined in Exhibit D attached (the "Peninsula Zone "); and (ii) up to an additional 48 beds
outside-of the Peninsula Zone and within zones accommodating multi - family residential uses, in
compliance with the terms of this Zoning Agreement.
E. This Zoning Agreement also memorializes uses granted to and conditions agreed
to by Sober Living on August 25, 2006 regarding its administrative offices at 2811 Villa Way
(Exhibit C attached hereto). --
AGREEMENT
NOW, THEREFORE, City and Operator agree as follows:
1. Definitions. The following terms when used in this Zoning Agreement shall have
the meanings set forth below:
Zoning Agreement
A. "Affiliate" shall mean a person or entity that is directly or indirectly controlled by
Operator.
B. "City Council" shall mean the governing body of City.
C. "Control" (including the terms "controlling," "controlled by," and "under common
control with ") shall mean the possession, direct or indirect, of the power to direct or cause the
direction of the management and policies of a person, whether through the ownership of voting
securities, by contract, or otherwise.
D. "Facility' (or "Facilities ") is a residential unit used or occupied by persons in
recovery from alcoholism and or drug abuse. Facilities may be "Licensed Facilities" or "Sober
Living Homes." As used in this Agreement, all Facilities constitute "residential care facility" uses
within the context of the City's zoning ordinance.
E. "General Plan" shall mean City's 2006 General Plan adopted by the City Council
on July 25, 2006, by Resolution No. 2006 -76. The Land Use Plan of the Land Use Element of
the General,Plan was approved by City voters in a general election on November 7, 2006.
F. "Licensed Facilities" shall mean alcoholism and drug abuse recovery facilities
licensed by the California Department of Alcohol and Drug Programs ( "ADP ").
G. "Party" or "Parties" shall mean either City or Operator or any of Operator's
Affiliates or both, as determined by the context.
H. "Property' is described in Exhibit A and consists of a list of addresses of
properties currently operated by Operator as Licensed Facilities and Sober Living Homes in R-
1, R -1' /z , R -2 and multi- family residential ( "MFR ") and certain Specific Plan District zones within
City. "Property' includes the rights to operate all of those properties as well as other properties
not presently identifiable which may be utilized by Operator as Facilities hereunder.
I. "Sober Living Homes" shall mean alcoholism and drug abuse recovery facilities
not licensed by ADP.
J. "Term" shall have the meaning ascribed in Section 11 of this Zoning Agreement.
2. Significant Public Benefits. The significant public benefits that this Zoning
Agreement provides include, but are not limited to:
A. Settlement and avoidance of costs of a pending lawsuit, including attorneys fees;
B. Preservation of the regulatory ordinance which was the subject matter of the lawsuit,
C. Requested termination of a related federal administrative proceeding,
D. A reduction of and limitation on the size of a residential care operation in the City,
Including a limitation on 6 or under Licensed Facilities,
E. Dispersal of Licensed Facilities and Sober Living Homes to reduce the concentration
thereof;
2
Zoning Agreement
F. The placement of operational controls on said facilities to reduce perceived negative
impacts on residential neighborhoods.
3. General Plan Consistency and Zoning Implementation. This Zoning Agreement
and the regulations applied herein to the Property ( "Applicable Regulations" hereinafter) will
cause City's zoning and other land use regulations for the Property to remain consistent with the
General Plan.
4. Warranties and Representations. Both parties represent that they have legal
authority to enter into this Zoning Agreement and the remainder of the agreements and
documents that comprise the settlement documents herein, and that the necessary
authorizations have been obtained, by resolution or other action, and that the persons whose
names appear as signatories below were authorized to accept this Zoning Agreement on behalf
of the Party under whose name they signed.
A. Each Party specifically represents and warrants that it has the legal authority to enter
into a Zoning Agreement of the type and kind herein, and,
B. The City represents and warrants that this Zoning Agreement and the regulations
applied to the Property ( "The Applicable Regulations ") are:
I. Consistent with the General Plan for the City and any Specific Plans that apply to
the area in which any portion of the Property is located, and
ii. Consistent with the Local Coastal Land Use Plan ( "CLUP) for the City of Newport
Beach and that the CLUP has been approved by the California Coastal
Commission.
5. Operation of Property Applicable Regulations. Other than as expressly set forth
in this Zoning Agreement, during the Term of this Zoning Agreement, the terms and conditions
concerning the operation of the Property, including but not limited to the permitted uses and
density and intensity of use and the location of buildings involved shall be those set forth in the
"Applicable Regulations" delineated in Exhibit B and as set forth in Section 6 below. During the
term of this Zoning Agreement, City shall not prevent operation of the Property that is in
compliance with the Applicable Regulations and all other applicable laws and regulations
specified in Section 9 hereof.
6. Operator's Vested Rights. During the Term of this Zoning Agreement, except to
the extent City reserves its discretion as expressly set forth in this Zoning Agreement or in the
Applicable Regulations and all other applicable laws and regulations specified in Section 9
hereof, Operator shall have the vested right, within the limits and constraints of the Applicable
Regulations, to conduct its operation of Licensed Facilities and Sober Living Homes on the
Property. The letter from City to Operator dated August 25, 2006 regarding Operator's leased
office and meeting facility at 2811 Villa Way ( "Villa Way") is incorporated herein by reference as
Exhibit C. City acknowledges that Operator has complied with all conditions set out in Exhibit
C except for Paragraph 12 relating to parking. City acknowledges Operator has been exercising
due diligence to complete the parking lot which Is unfinished due to circumstances beyond
Operator's control. Operator agrees to use good faith efforts to get the parking lot at Villa Way
completed. In the event meetings are no longer held at Villa Way, the currently permitted non-
conforming right to use said property as an office use shall continue until termination of this
Zoning Agreement. The Operator's leased property at 605 291' Street, commonly known as
Zoning Agreement
"The Victorian," is a legal nonconforming single family residence and shall be treated as a
Licensed Facility. In the event Ordinance No. 2008 -5 is repealed by action of the City Council
or the electorate or if said Ordinance is declared invalid or unenforceable by a court of
competent jurisdiction, then the Operator will no longer be bound by the provision of Paragraph
6 of Exhibit B as to the limit of one Licensed Facility or Sober Living Home per block in the event
other operators open facilities on the same block.
7. Police Power. In all respects not provided for in this Zoning Agreement, City
shall retain full rights to exercise City's police power to regulate the operation of Residential
Care Facilities on the Property provided such powers are applied consistently with the
provisions of state law and Section C2 of Exhibit B to this Zoning Agreement.
8. No Conflicting Enactments. During the Term of this Zoning Agreement City shall
not apply to the Property any City- adopted ordinance, policy, rule, regulation, or other measure
relating to the operation of Facilities on the Property to the extent it conflicts with this Zoning
Agreement.
9. Reservations of Authority. Notwithstanding any provisions set forth in this Zoning
Agreement to the contrary, the laws, rules, regulations, and official policies set forth in this
Section 9 shall apply to and gove1 n the development and operations of the Property:
A. Procedural Regulations. Then current procedural regulations relating to hearing
bodies, petitions, applications, notices, findings, records, hearings, reports,
recommendations, appeals, and any other matter of procedure shall apply to the
Property, provided that they are adopted and applied City -wide or to all other
properties consistent with the provision of Section C2 of Exhibit B.
B. Consistent City Regulations. City ordinances, resolutions, regulations, and official
policies governing development and building which do not conflict with the Applicable
Regulations, or with the provisions of Section C2 of Exhibit B where Operator has
consented in writing to the regulations, shall apply to the Property.
C. Public Health and Safely. Any City ordinance, regulation, rule, regulation, program,
or official policy, that is necessary to protect persons on the Property or in the
immediate community from conditions dangerous to their health or safety shall apply
to the Property, consistent with Section C2 of Exhibit B.
10. No Anency. Neither Party is acting as the agent of the other in any respect, and
each Party is an independent contracting entity with respect to the terms, covenants, and
conditions contained in this Zoning Agreement. This Zoning Agreement forms no partnership,
joint venture, or other association of any kind. The only relationship between the Parties is that
of a government entity regulating the operation of private property by the owner or lessee of the
property.
11. Effective Date: Term. This Zoning Agreement shall not become effective, and
except as set forth in Subsection C of this Section 11, neither party shall have any rights or
obligations hereunder, until the "Effective Date."
A. Effective Date of This Zoning Agreement : This Zoning Agreement shall become
effective on:
El
Zoning Agreement
i. The 91st day following the City Council's passage of the ordinance approving this
Zoning Agreement, or
it. If a referendum or other elective challenge to the ordinance approving this
Zoning Agreement qualifies to be placed on the ballot, then on the 31st day after
the City Clerk certifies that the referendum or other elective challenge has failed
to pass, or
iii. If litigation is instituted to challenge this Zoning Agreement prior to the Effective
Date established in accordance with Section 11 A. i. and it above, then on the
31st day after the litigation is terminated, the time for appeal has expired, and the
legal challenge has been unsuccessful.
B. Term. The term of this Zoning Agreement (the "Term ") shall commence on the Effective
Date and shall expire at the conclusion of the 25th year thereafter. However in no event
shall the term of this Zoning Agreement exceed thirty (30) years after Its execution.
C. Stay of. Ordinance 2008 -05 Pending Effective Date. Prior to the effective date of the
ordinance adopting this Zoning Agreement, or that date upon which it becomes clear
that there shall be no Effective Date, whichever is later, the Operator's use permit
process shall be tolled, and the City shall not otherwise enforce the provisions of
Ordinance 2008 -5.
12. Amendment or Cancellation of Zoning Agreement Other than modifications of
this Zoning Agreement under Section 9C of this Zoning Agreement, this Zoning Agreement may
be amended or canceled in whole or in part only by mutual written and executed consent of the
Parties in compliance with California Government Code §65868 and City of Newport Beach
Municipal Code §15.45.060.
13. Enforcement. Unless amended or canceled as provided in Section 12 of this
Zoning Agreement, or modified or suspended pursuant to California Government Code
§65869.5, this Zoning Agreement is enforceable by either Party despite any change in any
applicable general or specific plan, zoning, subdivision, or building regulation or other applicable
ordinance or regulation adopted by City (including by City's electorate) that purports to apply to
any or all of the Property.
14. Periodic Review of Compliance. City and Operator shall each comply in good
faith with the terms of this Zoning Agreement. The Parties shall review this Zoning Agreement
at least once every 12 months from the Effective Date for good faith compliance with its terms
consistent with California Government Code §65865 and §65865.1 and City of Newport Beach
Municipal Code §15.45.070. At the reviews, Operator shall demonstrate its good faith
compliance with this Zoning Agreement and shall document the current status of its operation.
Operator also agrees to furnish evidence of good faith compliance as City may require in the
reasonable exercise of its discretion and after reasonable notice to Operator. On or before
December 31 and June 30 of each year during the Term of this Zoning Agreement, Sober Living
shall submit a Compliance Review Report, whose template is attached as Exhibit G. The
requirement of good faith compliance shall be met upon the submittal to the City of an accurate
form showing information relating to facility locations and bed counts. City shall have the right
to audit the accuracy of the form through on -site inspections of the Facilities at mutually -
agreeable times and during regular business hours.
Zoning Agreement
15. Events of Default.
A. Default by Operator. Pursuant to California Government Code §65865.1, if City
determines that Operator has not complied in good faith with Operator's obligations pursuant to
this Zoning Agreement, City shall by written notice to Operator specify the manner in which
Operator has failed to comply and state the steps Operator must take to bring itself into
compliance. If Operator does not commence compliance within 30 days after receipt of the
written notice from City specifying the manner in which Operator has failed to comply, and
diligently pursue steps to achieve full compliance, then Operator shall be deemed to be in
default under the terms of this Zoning Agreement. City may then seek available remedies as
provided in Section 15.0 of this Zoning Agreement.
B. Default by City. If City has not complied with any of its obligations and limitations
under this Zoning Agreement, Operator shall by written notice to City specify the manner in
which City has failed to comply and state the steps necessary for City to bring Itself Into
compliance. If City does not commence compliance within 30 days after receipt of the written
notice from Operator specifying the manner in which City has failed to comply, and diligently
pursue steps to achieve full compliance, then City shall be deemed to be in default under the
terms of this Zoning Agreement. Operator may then seek a specific performance or similar
equitable remedy as provided in Section 15.0 of this Zoning Agreement
C. Specific Performance and Damages Remedies. The Parties acknowledge that
remedies at law generally are inadequate and that specific performance is appropriate for the
enforcement of this Zoning Agreement. The remedy of specific performance or, in the
alternative, a writ of mandate, shall be the sole and exclusive remedy available to either Party In
the event of the default or alleged default by the other. Prior to exercising such a remedy, the
Party seeking to do so shall submit the matter to nonbinding arbitration through JAMS or
another arbitrator mutually acceptable.
D. Recovery of Legal Expenses by Prevailing Party in Any Action. In any judicial
proceeding ( "Action ") between the Parties that seeks to enforce the provisions of this Zoning
Agreement, the prevailing Party shall recover all of its actual and reasonable costs and
expenses. These costs and expenses include expert witness fees, attorneys' fees, and costs of
investigation and preparation before initiation of the Action. The right to recover these costs and
expenses shall accrue upon initiation of the Action.
16. Cooperation. Each Party covenants to take all reasonable actions and execute
all documents that may be necessary to achieve the purposes and objectives of this Zoning
Agreement.
17. Force Maieure. Neither Party shall be deemed to be in default where failure or
delay in performance of any of its obligations under this Zoning Agreement is caused, through
no fault of the Party whose performance is prevented or delayed, by floods; earthquakes, other
acts of God, fires, war, riots or similar hostilities, strikes or other labor difficulties, state or federal
regulations, or court actions.
18. Third Party Legal Challenge. If a third party brings a legal action challenging the
validity or enforceability of any provision of this Zoning Agreement or the Applicable Regulations
or the manner in which the ordinance approving this Zoning Agreement was processed and
approved, including the application of the California Environmental Quality Act to that process,
( "Third Party Legal Challenge ") the parties shall defend the Third Party Legal Challenge jointly,
0
Zoning Agreement
and each party shall be responsible for its legal expenses incurred in connection with the Third
Party Legal Challenge,
19. Right to Assign. Operator shall have the right to transfer or assign the rights and
obligations contained herein in whole to any person, partnership, joint venture, firm, or
corporation at any time during the Term of this Zoning Agreement without the consent of City.
Upon the effective date of any such transfer or assignment of the Property, the transferor -
assignor shall notify City of the name and address of the transferee. Any assignment of this
Zoning Agreement must be pursuant to a sale or transfer of Operator's rights in the entirety of
the Property. Any sale or transfer of the Property shall include the assignment and assumption
of the rights, duties, and obligations arising from this Zoning Agreement to the transferee with
respect to all of the Property. Operator shall no longer be obligated under this Zoning
Agreement for the Property if Operator is not in default under this Zoning Agreement at the time
of the sale or transfer.
20. Zoning Agreement Binding on Successors and Assigns. The burdens of this
Zoning Agreement are binding upon, and the benefits of this Zoning Agreement shall inure to,
all successors in interest of the Parties to this Zoning Agreement.
21. Estoppel Certificate. At any time, either Party may deliver written notice to the
other Party requesting that the Party certify in writing that, to the best of its knowledge:
A. This Zoning Agreement is in full force and effect and is binding on the Party;
B. This Zoning Agreement has not been amended or modified either orally or in writing.
If this Zoning Agreement has been amended, the Party providing the certification
shall identify the amendments; and
C. The requesting Party is not in default in the performance of its obligations under this
Zoning Agreement. If the requesting Party is in default, the other Party must
describe the nature of the default.
The requesting party shall execute and return the certificate within. sixty (60) days
following receipt. Any assignee of a Party's rights and obligations hereunder, as referred to in
this Section 21, shall be entitled to rely on the certificate.
22. Further Actions and Instruments. Each Party shall cooperate with and provide
reasonable assistance to the other Party to the extent consistent with and necessary to
implement this Zoning Agreement. Upon the request of a Party at any time, the other Party
shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or
record the required instruments and writings and take any actions as may be reasonably
necessary to implement this Zoning Agreement or to evidence or consummate the transactions
contemplated by this Zoning Agreement.
23. Notices. Any notice or demand that shall be required or permitted by law or any
provision of this Zoning Agreement shall be in writing. if the notice or demand will be served
upon a Party, it either shall be personally delivered to the Party; deposited in the United States
mail, certified, return receipt requested, and postage prepaid; or delivered by a reliable courier
service that provides a receipt showing date and time of delivery with courier charges prepaid.
The notice or demand shall be addressed as follows:
7
Zoning Agreement
To City: City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
Attention: City Manager
Fax: 949 - 644 -3020
With a copy to: City Attorney
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
To Operator: Sober Living by the Sea, Inc.
2811 Villa Way
Newport Beach, California 92663
Attn: Executive Director
With a copy to: CRC Health Group, Inc.
2400 Stevens Creek Boulevard, Suite 600
Cupertino, California 95014
Attn: General Counsel
Fax: 415 - 358 -8444
Either Party may change the address stated in this Section 23 by notice to the other
Party in the manner provided in this Section 23, and notices shall be addressed and submitted
to the new address. Notice shall be deemed to be delivered upon the earlier of: (a) the date
received; or (b) three business days after deposit in the mail as provided above.
24. Rules of Construction and Miscellaneous Terms.
A. Rules of Construction. The singular includes the plural; the masculine and
neuter include the feminine; "shall" is mandatory; `may' is permissive.
B. Time is of the Essence. Time is of the essence regarding each provision of this
Zoning Agreement in which time is an element.
C. Waiver. Failure by a Party to insist upon the strict performance of any of the
provisions of this Zoning Agreement by the other Party, and failure by a Party to exercise its
rights upon a default by the other Party, shall not constitute a waiver of that Party's right to
demand strict compliance by the other Party in the future.
D. Counterparts. This .Zoning Agreement may be executed in two or more
counterparts, each of which shall be identical and may be introduced in evidence or used for
any other purpose without any other counterpart, but all of which shall together constitute one
and the same Zoning Agreement.
E. Entire Agreement. Except for the Settlement Agreement, this Zoning Agreement
constitutes the entire agreement and supersedes all prior agreements and understandings,
both written and oral, between the Parties with respect to the subject matter addressed in this
Zoning Agreement.
0
Zoning Agreement
F. Construction. This Zoning Agreement has been drafted after extensive
negotiation and revision. Both City and Operator are sophisticated parties who were
represented by independent counsel throughout the negotiations. City and Operator each
agree and acknowledge that the terms of this Zoning Agreement are fair and reasonable, taking
into account their respective purposes, terms, and conditions. This Zoning Agreement shall
therefore be construed as a whole consistent with its fair meaning, and no principle or
presumption of contract construction or interpretation shall be used to construe the whole or any
part of this Zoning Agreement in favor of or against either party.
G. No Third Party Beneficiaries. The only parties to this Zoning Agreement are City
and Operator. This Zoning Agreement does not involve any third party beneficiaries, and it is
not intended and shall not be construed to benefit or be enforceable by any other person or
entity.
H. Applicable Law and Venue. This Zoning Agreement shall be construed and
enforced consistent with the internal laws of the State of California. Any action arising under
this Zoning Agreement or brought by any Party for the purpose of enforcing, construing, or
determining the validity of any provision of this Zoning Agreement shall be filed and tried in the
Superior Court of the County of Orange, State of California, or the United States District Court
for the Central District of California. The Parties waive all provisions of law providing for the
removal or change of venue to any other court.
I. Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect construction or interpretation of this Zoning Agreement.
J. Authority to Execute. The persons executing this Zoning Agreement warrant and
represent that they have the authority to execute this Zoning Agreement on behalf of the entity
for which they are executing this Zoning Agreement. They further warrant and represent that
they have the authority to bind their respective Party to the performance of its obligations under
this Zoning Agreement.
CITY:
CITY C
By:
Title: MAYOR OF NEWPORT BEACH
OPERATOR:
SOBER LIYWQ BY THE SEA, INC.
r
By: _
Kevin Hogge
Title: CHIEF FINANCIAL OFFICER
Zoning Agreement
By: RAIg.1 6j�:
Pamela Bur e
Title: VICE PRESIDENT /SECRETARY
OPERATOR:
COMPRE�H ADDICTIONS PROGRAMS, INC.
By:
Kevin Hogge
Title: CHIEF FINANCIAL OFFICER
By: I( 6.j
Pamela Burke
Title: VICE PRESIDENT /SECRETARY
OPERATOR:
CRC HE CORPORATION
By. /-
Kevin Hogg
Title: CHIEF FIN..ANCIIoAL OFFICER e, a
Pamela Burke
Title: VICE PRESIDENT /SECRETARY
OPERATOR:
CRC HEA GROUP, IN
By: I N�
Kevin Hogge
Title: CHIEF FINANCIAL OFFICER
By: ' &L
PAPW615 Burke
Title: VICE PRESIDENT /SECRETARY
10
Zoning Agreement
APPROVED AS TO FORM:
By:
David K,T,� c
R. Hunt
Title: CITY ATTORNEY, CITY OF NEWPORT BEACH
ATTEST:
m
Title:
— " 'Q
Leilani Brown
CITY CLERK, CITY OF NEVI
11
Zoning Agreement
Exhibit A
List of SLBTS Facilities
—Street No.
.208
Units
Street
Via Lido Soud
Licensed?
ADP Licensed
100
Via Antibes
ADP Licensed
102
Via Antibes ".
ADP Licensed
505
29th Street
ADP Licensed
116
A &.B
34th Street
Sober Living
X
307
1/2
34th Street
Sober LIvina
X
309
1/2
34th Street
Sober Living
X'
125
+11/2
39th Street
ADP Licensed
X
112
A & B
40th Street
Sober Living
118
A & B
45th Street
Sober Living
X
122
A & B
45th Street '
ADP Licensed
5004
A & B
Neptune
Sober Living
5101
A & B :
River
ADP Licensed
3960 -80
18eashore
ADP Licensed
4500 -04
ISeashore
ADP Licensed
4711
Seashore
ADP Licensed
' _4800
Seashore
ADP Licensed
X1
4816
Seashore.
Sober Living
6111
Seashore IADP
Licensed
6110
W Oceanfront IADP
Licensed
* "X "= Closed. or closin
1 May not be closed if 4816 Seashore is closed
Zoning Agreement
Exhibit B
Applicable Regulations
A. Number and Location of Facilities. Number and location of facilities which may be
utilized as Licensed Facilities or Sober Living Homes.
1. On and after the Effective Date of the ordinance adopting this Zoning Agreement,
there shall be no more than 204 beds occupied in the City at any time by persons who are
patients, clients or customers of Sober Living, whether contained within Licensed Facilities or
Sober Living Homes. More than one such facility may be operated in a single building.
2. On and after the effective date of the ordinance adopting this Agreement, there
shall be no more than 156 beds occupied in total in those parts of the City referred to as the
Peninsula, Lido Isle, West Newport and Newport Shores (the "Peninsula Zone ") as depicted in
Exhibit D at any time by persons who are patients, clients or customers of Sober Living,
whether contained within Residential Care Facilities, General, Residential Care Facilities, Small
Licensed or Residential Care Facilities, Small Unlicensed as defined in §20.05.030 of the
Newport Beach Municipal Code.
3. On and after the effective date of the ordinance adopting this Agreement, there
shall be no more than 12 beds (12 of the 156 described in Section A2 above) occupied Lido isle
at any time by persons who are patients, clients or customers of Sober Living, whether
contained within Residential Care Facilities, General, Residential Care Facilities, Small
Licensed or Residential Care Facilities, Small Unlicensed as defined in §20.03.030 of the
Newport Beach Municipal Code.
4. On and after the effective date of the ordinance adopting this Agreement, all
beds in the City in addition to those provided for in Sections A.2. and A.3. of this Exhibit B
occupied at any time by persons who are patients, clients or customers of Sober Living, whether
contained within Residential Care Facilities, General, Residential Care Facilities, Small
Licensed or Residential Care Facilities, Small Unlicensed as defined in §20.03.030 of the
Newport Beach Municipal Code shall be located only in zones accommodating multi - family
residential uses outside of the Peninsula Zone. Sober Living shall provide the City with the
address of any new Facility resulting from placing beds per this section within thirty (30) days of
establishing the Facility.
5. On and after the Effective Date of the ordinance adopting this Agreement, Sober
Living shall locate all of its newly established facilities utilized as Licensed Facilities or Sober
Living Homes so that only one building shall contain such facilities, whether operated by Sober
Living or any other person or entity, is located either on a block in the City or across a bordering
street. To facilitate transfers of properties to attain or maintain this 'one building per block"
standard, Sober Living may, for not more than 120 days, hold leases for two properties on one
block if the properties are involved in a Facility transfer. For purposes of this Agreement, a
block is an area bounded by four streets (not alleys).
6. Except as provided in Section A.7. below, within thirty (30) months of the
Effective Date of the ordinance adopting this Agreement, Sober Living shall relocate its
presently operating facilities as necessary to comply with the criterion set forth in Section A.S.
above as to its presently operating Licensed Facilities and Sober Living Homes. All such
relocations must be to sites which have no other Facility, whether operated by Sober Living or
Zoning Agreement
any other person or entity, either on the block to which the facility is relocated or across a
bordering street.
7. Notwithstanding the provisions of Section A.5 above, Sober Living may continue
to operate Facilities at the following addresses during the term of this Agreement:
• 112 40th Street and 3960 -3980 Seashore (on the same block);
• 122 45th Street and 4500 -4504 Seashore(across a bordering street);
• 6110 Oceanfront and 6111 Ocean Front (across a bordering streeyalley); and
• 4711 Seashore and either 4800 Seashore or 4816 Seashore (across a bordering street
and down a block).
8. Sober Living shall not establish any Facility pursuant to Section 4 of this Exhibit B
unless and until Sober Living has fully and timely complied with the relocation requirements set
forth in Section 6 of this Exhibit B.
9. Sober Living shall not establish or operate a Facility on a parcel of property which
has a lot line located within 1,000 feet of any NMUSD elementary school or the large
commercial State - licensed day care facility listed on Exhibit E.
10. Sober Living shall not establish or operate a Facility at any location which is
adjacent to the 36th Street Tot Lot or the Marina Park Tot Lot so long as those tot lots are so
utilized.
B. Operational Regulations.
criteria: During the term hereof, Sober Living shall comply with all of the following operational
1. Sober Living shall not provide any services to or house any parolee or parolees
from the California Department of Corrections or its equivalent in any other State or the Federal
Bureau of Prisons in any of its Facilities located in the City.
2. Any and all medical waste generated through the operation of a Sober Living
Homes or Licensed Facility shall be disposed of in accordance with all laws and best industry
standards and practices.
3. Sober Living shall comply with City code provisions pertaining to trash
enclosures at all of its Sober Living Homes or Licensed Facilities.
4. Smoking and Tobacco Products.
(a) Sober Living shall make good faith efforts to prevent second hand smoke from
leaving any of its Facilities in a manner that significantly affects occupants of
neighboring residents in the use and enjoyment of their properties. These efforts
may include, but are not limited to:
The designation of a smoking area at each site, with a device to mitigate or disperse
secondhand smoke;
An active smoking cessation program made available to all clients;
Zoning Agreement
(b) Apply a policy directing clients or residents to avoid littering cigarette butts on the
ground, floor, deck, sidewalk, gutter, or street.
(c) Apply a policy reminding clients not to use tobacco on beaches, boardwalks, and
piers consistent with City prohibitions against smoking in those areas.
5. Sober Living shall comply with all City code provisions requiring off street parking
in residential zones.
6. Sober Living shall establish, provide public notice of and continuously operate a
24 hour per day hotline for receiving inquiries and /or complaints in reference to its operation of
its Facilities in the City.
7. Sober Living shall apply the following Quiet Hours to its patients, clients and
customers occupying beds in all Facilities which Sober Living operates in the City. During these
Quiet Hours, all residents will be inside except during emergencies:
• Sunday through Thursday- 10 pm to 7 am;
• Friday through Saturday -11 pm to 7 am.
8. Sober Living shall use good faith efforts to implement the Route Plans for
transport of its staff, residents, clients and customers which Sober Living submitted to the City
as part of its applications for Use Permits on file with City's staff as of July, 2008. A true and
correct copy of those Route Plans are attached as Exhibit F. Short-term interruptions, such as
medical emergencies or street maintenance which are beyond Sober Living's control, are
allowable modifications to the Route Plans.
9. Sober Living shall accept deliveries of goods and services to the Residential Care
Facilities which it operates in the City only during customary times for such deliveries of goods
and services to occur in residential areas of the City and in accordance with any City regulation
adopted which controls times for such deliveries on a citywide basis applicable to all residential
properties.
10. Sober Living shall participate in the activities of any stakeholder committee or
group established by the City to address complaints and concerns of residents of the City
regarding the operation of Residential Care Facilities in the City.
11. Sober Living shall maintain its present policy not to allow more than two (2)
clients per bedroom in the facilities unless the size of the structure warrants a larger occupancy
for any single bedroom.
C. General Constraints on Regulation.
1. Most Favored Nation. If the City enters into an agreement with any operator of a
Sober Living Home or Licensed Facility in the City which, includes one or more of the below
three provisions and provides a materially more favorable regulatory treatment to that operator
than is afforded to Sober Living hereunder, the more favorable regulatory provision or provisions
shall then apply to Sober Living and shall be deemed to supersede any conflicting provision or
provisions contained in this Zoning Agreement. Approvals within the Group Residential Uses
Zoning Agreement
Ordinance's Use Permit process do not constitute agreements for the purposes of this
paragraph.
The three provisions are:
(a) An allowance of a percentage increase greater in bed counts greater than 30%
above the number operated by the Operator at the time of the agreement;
(b) Dispersion (i.e. one building per block and no facilities on streets facing each other)
more concentrated than for SLBTS under the terms of this Agreement; and
(c) Distancing from public elementary schools and large licensed day care that is less
than for SLBTS under the terms of this Agreement.
2. The City shall respect and adhere to the exemption in California Health and
Safety Code §11834.23 that directs that the City apply the same building, fire, and other related
codes to Facilities with six or fewer clients as it does for any single - family residential property
provided that:
(a) The exemption is not repealed or otherwise invalidated by an appellate court
decision;
(b) The exemption is being applied to a single family dwelling unit (including
condominiums) or a duplex;
(c) SLBTS does not place non - ambulatory residents in their facilities; and
(d) SLBTS does not accept referrals or placements within a SLBTS home for protective
social care and supervision services by any governmental agency.
3. This Agreement, and, more specifically, these Applicable Regulations obviate the
need for and shall supersede the processing or issuance of any Use Permit or Use Permits
concerning Sober Living's operations in the City.
Exhibit C Zoning Agreement
2811 Villa Way Letter
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 wail 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.
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 or 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,
MiU UGL eS . �iJ1u aYo
Patricia L. Temple, If
Planning Director for the
City of Newport Beach
cc: Aaron C. Harp, Assistant City Attorney
Dennis O'Neil, Esq.
Enclosure: Modified Plans
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Zoning Agreement
Exhibit D
Depiction and Description of 'Peninsula Zone"
Depiction of Peninsula Zone:
The lands within the yellow boundary as shown below.
Description of Peninsula Zone:
Starting at the mouth of the Santa Ana River:
• The land area southerly of the Newport and Seminouk Sloughs known as Newport Shores, and
• The land coastward of Pacific Coast Highway to Newport Boulevard known as Balboa Coves, West
Newport Beach, Lido Sands, and Newport Island; and
• The land southerly of a line extending along the Federal Navigational Channel between Newport
Boulevard and the Newport Harbor Jetty, known as the Balboa Peninsula, Lido Peninsula, Lido Isle,
Bay Island, and Cannery Village; and
• Southward on Newport Boulevard about 50 feet to Lower Newport Bay; and
• All lands southerly of Lower Newport Bay between Newport Boulevard down the Federal Navigational
Channel within the Lower Bay, inclusive of Lido Isle and Bay Island and inclusive of the Balboa
Peninsula.
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F'
L 4:
Description of Peninsula Zone:
Starting at the mouth of the Santa Ana River:
• The land area southerly of the Newport and Seminouk Sloughs known as Newport Shores, and
• The land coastward of Pacific Coast Highway to Newport Boulevard known as Balboa Coves, West
Newport Beach, Lido Sands, and Newport Island; and
• The land southerly of a line extending along the Federal Navigational Channel between Newport
Boulevard and the Newport Harbor Jetty, known as the Balboa Peninsula, Lido Peninsula, Lido Isle,
Bay Island, and Cannery Village; and
• Southward on Newport Boulevard about 50 feet to Lower Newport Bay; and
• All lands southerly of Lower Newport Bay between Newport Boulevard down the Federal Navigational
Channel within the Lower Bay, inclusive of Lido Isle and Bay Island and inclusive of the Balboa
Peninsula.
Zoning Agreement
Exhibit E
Specific Large DSS- Licensed Day Care Facilities — Peninsula Zone
Facility No: 300000193 Capacity: 0044
CHRIST CHURCH BY THE SEA CHILDREN'S CENTER
1400 WEST BALBOA BOULEVARD
NEWPORT BEACH, CA
Zoning Agreement
Exhibit F
Route Plans
In the attached Route Plans, the red arrow designates arrival route, the blue arrow
designates departure route, The star designates the facility location.
iii
1
381,°,2�1,7210 J
207 ,X3;
11634 Ih Street, A & B
Zoning Agreement
The primary route of travel between Sober Living by the Sea's administrative offices in
Cannery Village (2811 Villa Way) and these residential dwelling units is 32 "d Street,
Balboa Boulevard, 34th Street, and Seashore Drive.
.
.? 1
505 291h Street
M8 ST
sots Ia�
Zoning Agreement
The primary route of travel between Sober Living by the Sea's administrative offices in
Cannery Village (2811 Villa Way) and these residential dwelling units is Lafayette, 29th
Street, and Villa Way.
Zoning Agreement
112 4dh Street, Units A and B
3960 -3980 Seashore Drive
The primary route of travel between Sober Living by the Sea's administrative offices in
Cannery Village (2811 Villa Way) and these residential dwelling units is along Balboa
Boulevard, Seashore, and 32nd Street.
Zoning Agreement
4816 Seashore
4711 Seashore
The primary route of travel between Sober Living by the Sea's administrative offices in
Cannery Villy (2811 Villa Way) and these residential dwelling units is along Balboa
Boulevard, 46 Street, Seashore, 51st Street, and River Avenue.
Zoning Agreement
5101 River
5004 Neptune, A & B
The primary route of travel between Sober Living by the Sea's administrative offices in
Cannery Village (2811 Villa Way) and these residential dwelling units is along Balboa
Boulevard, River Avenue, 50th Street, Neptune, and 513f Street.
6111 Seashore
6110 West Ocean Front
V
Zoning Agreement
�B
��9 2?J
The primary route of travel between Sober Living by the Sea's administrative offices in
Cannery Village (2811 Villa Way) and these residential dwellin units is along Newport
Boulevard, Coast Highway, Prospect, Ocean Front Alley W, 62N and Seashore.
EXhibit G
Compliance Report Template
(Date Report Submitted)
This form covers the period of (month, day) through (month, day), 20—.
During the above period, Sober Living by the Sea managed or controlled the following facilities
in Newport Beach:
PeninIN) Bed Count ADP License?
Property Address Zon (Y or N)
(Y or
1
Peninsula Oft Peninsula
2
3
4
6
6
7
ti
9
10
11
12
13
14
13
16
17
18
19
20
21
Total Bed Count
Attachment No. CC 5
SLBTS Compliance Review Reports
SLBTS FACILITIES Date: 12/14/09
Bed Count Bed Count
Location Peninsula Zone Peninsula Off Peninsula ADP License
1. 6111 Seashore Dr.
Y
6
Y
2. 6110 W. Oceanfront
Y
6
Y
3. 4711 Seashore Dr.
Y
6
Y
4. 4816 Seashore Dr. U
Y
6
Y
4816 Seashore Dr. (Dn)
Y
4
Y
5.5101 River Ave., Unit
Y
4
Y
5101 River Ave., Unit B
Y
6
Y
6. 5004 Neptune Ave. (Dn)
Y
6
5004 112 Neptune Ave. Up
Y
6
7. 122 45th St., Unit A
Y
4
Y
122 45th St., Unit B
Y
6
Y
8. 4500 Seashore Dr., Unit A
Y
4
Y
4504 Seashore Dr., Unit B
Y
6
"
9. 118 45th St., Unit A
Y
4
118 45th SL, Unit B
Y
2
10. 3960 Seashore Dr., Unit A
Y
4
Y
3980 Seashore Dr., Unit B
Y
6
Y
11. 112 40th St., Unit A
Y
2
112 40th St., Unit B
Y
6
12. 4800 Seashore Dr., Unit A
Y
4
Y
4800 Seashore Dr., Unit B
Y
6
"
13. 505 29th St.
Y
6
Y
14. 100 Via Antibes, Unit A
Y
4
Y
102 Via Antibes, Unit B
Y
4
Y
208 Via Lido Soud, Unit D
Y
4
Y_
Total:
122
17
Exhibit G
Compliance Report Template
Date Submitted: June 28, 2010
This form covers the period of October 2009 through June 30, 2010
During the above period, Sober Living by the Sea managed or controlled the
following facilities in Newport Beach:
SLBTS FACILITIES
Property Address
Peninsula
Zone
(Y or N)
Treatment Bed Count
ADP
License
(Y or N)
Peninsula
Off
Peninsula
100 Via Antibes
Y
4
Y
102 Via Antibes
Y
4
Y
208 Via Lida Soud
Y
4
Y
505 29'" Street
Y
6
Y
3960 Seashore
Y
4
Y
3980 Seashore
Y
6
Y
112 40" St Unit A
Y
0 (2 staff
only)
N
112 401" St Unit B
Y
6
N
4500/4504 Seashore
Y
10
Y
4711 Seashore
Y
6
Y
4800 Seashore units A & 8
Y
10
Y
4816 Seashore unit A
Y
4
Y
4816 Seashore, unit B
Y
6
Y
5004 Neptune, unit A
Y
6
N
5004 Neptune, unit B
Y
6
N
5101 River, unit B
Y
6
Y
6110 West Ocean Front
Y
6
Y
6111 Seashore
Y
6
Y
Total Bed Count: 100
Effective April 30, 2010, Sober Living by the Sea no longer operates:
• 12245 1h Street, unit A
• 12245 th Street, unit B
• 5101 River Avenue, unit A
Brown, Janet
From: Kathy Sylvia, Newport Beach, CA (ksylvia @crchealth.coml
Sent: Tuesday, June 29, 2010 12:53 PM
To: Brown, Janet
Subject: Exhibit G (2)
Attachments: Exhibit G (2).doc
Janet,
Attached is Exhibit G which outlines Sober Living By The Sea's bed compliance report. Please contact me if you have
any questions. I appreciate your help. Please acknowledge the reciept of this document.
Kathy
Kathleen Sylvia
Executive Director SLBTS
949.258.0063
kathys(a.crchealth.com
This email and any files transmitted with it are confidential and are intended solely for the use of the individual
or entity to which they are addressed. This communication may contain material protected by HIPAA
legislation (45 CFR, Parts 160 & 164). If you are not the intended recipient or the person responsible for
delivering this email to the intended recipient, be advised that you have received this email in error and that any
use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this
email in error, please notify the sender by replying to this email and then delete the email from your computer.
Saber Lizdng b)' the Sea
July 8, 2010
City of Newport Beach
Janet Brown, Associate Planner
3300 Newport Blvd.
Newport Beach, CA 92663
RE: Notice of Program Relocation
Dear Ms. Brown:
This letter shall serve as formal notificafion of our intent to vacate the following
Properties as of July 31, 2010:
100 Via Antibes
102 Via Antibes
208 Via Lido
Newport Beach, CA 92663
As of August 1, 2010, we will be occupying the following address:
4138 Patrice
Newport Beach, CA 92663
While we currently hold an ADP license for twelve beds at the current location, it is our
intent to move forward with licensing for six beds at the new location. As you are aware,
we are not required to have a license for this facility, however, we are moving forward to
transfer the license. Upon receipt of the license we will provide you a copy of the same,
as well as the Fire Marshall's report.
Please contact me with any questions or comments.
Thank you for your attention to this matter.
Sincere
Kathie Sylvia, R.N., MBA, Executive Director
Sober Living By The Sea Treatment Centers
A Division of CRC Health Group, Inc.
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ti„.,� it q t'..�I:i \(Ci:�. !. .;
Brown, Janet
From: Kathy Sylvia, Newport Beach, CA [ksylvia @crchealth.comj
Sent: Monday, October 04, 2010 3:45 PM
To: Brown, Janet; Cosylion, Matt
Subject: 4711 112 Seashore
Janet and Matt,
This is to inform you that 4711 % Seashore, which has been part of the SLBTS rental system for many years, began it use
it for clients sleeping on Sept 1st of 2010, It is a two bedroom apartment (attached to 4711 Seashore); is not have an ADP
license; has three beds in the two bedroom apt. Many thanks. Kathy
Kathleen Sylvia
Executive Director
Sober Living by the Sea Treatment Centers
A Division of CRC Health Group, Inc.
O: (949) 258 -0063
www.soberliving_com
This email and any files transmitted with it are confidential and are intended solely for the use of the individual
or entity to which they are addressed. This communication may contain material protected by H1PAA
legislation (45 CFR, Parts 160 & 164). If you are not the intended recipient or the person responsible for
delivering this email to the intended recipient, -be advised that you have received this email in error and that any
use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this
email in error, please notify the sender by replying to this email and then delete the email from your computer.
Attachment No. CC 6
Code Enforcement Inspection Reports
April 29, 2010
TO:
FROM:
SUBJECT:
CODE AND WATER QUALITY
ENFORCEMENT DIVISION
MEMORANDUM
Office of the City Attorney
Matt Cosylion, Senior Code Enforcement Officer
Sober Living by the Sea Facilities — Zoning Agreement
Compliance Inspection & Parolee Check
Please review the below report for compliance with the Sober Living by the Sea
Zoning Agreement.
Compliance Inspection
On April 27, 2010, Code and Water Quality Enforcement Manager John Kappeler and I
inspected the following Sober Living by the Sea ( SLBTS) facilities: 6111 Seashore Dr.,
4816 Seashore Dr., 112 40"' St., and 100 -102 Via Antibes and 208 Via Lido Soud. The
purpose of the inspection was to verify the accuracy of the Compliance Review Report
(dated Dec. 14, 2009), specifically, the location of SLBTS facilities and their respective
bed counts.
As required by Condition No. 14 of the Zoning Agreement, SLBTS was notified, via email
and telephone, 24 hours in advance of the time and locations of the inspections. The
point of contact from SLBTS was Jennifer Twist. Twist and Danielle Farnsworth were
present at each of the inspections.
6111 Seashore Dr
The first facility inspected was located at 6111 Seashore D r
SLBTS for this facility was the Program Director, Sandy
breakdown of the bedrooms along with the bed count:
Downstairs
Bedroom 1 - 2 beds
Office- No bed
. The point of contact from
Taylor. The following is a
11Page
Upstairs
Bedroom 1 - 1 bed
Bedroom 2 - 1 bed
Bedroom 3 - 2 beds
This facility has 24 hour staffing but there are no resident staff members or staff beds.
There are 6 clients residing at the facility. It should be noted that the garage was clear
and accessible for vehicle parking. Trash cans were stored inside of the garage.
4816 Seashore Dr
The next facility inspected was located at 4816 Seashore Dr. The house manager,
Rebecca Hayward, was present for the inspection. The following is a breakdown of the
bedrooms along with the bed count:
Unit A (downstairs)
Bedroom 1 -1 bed (Hayward's Room)
Bedroom 2 - 2 beds
Unit B (Upstairs)
Bedroom 1 - 2 beds
Bedroom 2 - 2 beds
Bedroom 3 - 2 Beds
Bedroom 4 - 2 beds
Per the Compliance Review Report submitted by SLBTS, Unit B should have 6 beds.
One of the additional beds was intended to be utilized by a staff member. We directed
Ms. Farnsworth to remove the two additional beds in Unit B. It should be noted that after
inspecting the facility at 100 -102 Via Antibes, we drove by 4816 Seashore Dr. and
observed SLBTS maintenance employees removing the beds
There are 2 clients residing at this facility. There is 1 client in Unit A and 1 client in Unit
B. The house manager, Hayward, sleeps in Unit A.
The carport was clear and accessible for parking
112 40th St
From 4816 Seashore Dr., we proceeded to inspect 112 400' St. Unit A (downstairs) is
utilized by staff only. Since there were no client beds in Unit A, we did not inspect. The
house manager for Unit B, Rob Bolton, was present for the inspection. The following is
the breakdown of the bedrooms along with the bed count.
Unit A (downstairs)
Staff quarters only, did not inspect
21Page
Unit B (Upstairs)
Bedroom 1 - 2 beds
Bedroom 2 - 1 bed (Bolton's Room)
Bedroom 3 - 1 bed
Bedroom 4 - 2 beds
There are no clients currently residing at 112 40th St. In bedroom 4, there was a broken -
down bed. Mr. Bolton, the house manager, had moved in the night before and brought
his own bed. Farnsworth stated that the bed would be removed. The garage was clear
and accessible for parking.
100 -102 Via Antibes, 208 Via Lido Soud
The last facility inspected was 100 -102 Via Antibes and 208 Via Lido Soud. The house
manager, who lives in a studio bedroom in 102 Via Antibes, was not present for the
inspection. The following is a breakdown of the rooms along with the bed count:
100 Via Antibes
Bedroom 1 - 1 bed and a computer station
Bedroom 2 - 2 beds and a mattress set from Bedroom 1
It should be noted that the mattress set was stacked against the bedroom wall. The
mattresses were not on a bed frame and did not have sheets or blankets on them.
102 Via Antibes (Upstairs
Bedroom 1 - 1 bed
Bedroom 2 - 2 beds
Bedroom 3 - Staff bedroom. This bedroom was separated from the rest of the unit by a
door with a deadbolt. Clients do not have a key to unlock this door. There is a
kitchenette in the studio and an exterior stairway that provides access to the studio.
It appeared that the staff bedroom was being utilized as a separate dwelling unit. This
property was originally constructed with three dwelling units. The addition of a fourth
dwelling unit would require permits from the City. A code enforcement case file has
been opened and code enforcement staff will conduct an investigation into the matter to
determine if there is a violation. (See 12010 -0493)
Bedroom 1 - 2 beds
Bedroom 2 - 2 beds
There are 3 clients residing at 208 Via Lido Soud, none at 100 Via Antibes, and 2 clients
at 102 Via Antibes.
There are three covered off - street parking spaces (garages) and 3 uncovered off - street
parking spaces. The property owner uses one of the garage spaces to store personal
items, and the other 2 garage spaces are utilized by SLBTS. All three garage spaces
3 1 P a g e
were not accessible for parking. The three uncovered parking spaces were clear for
parking.
A code enforcement case file has been opened and code enforcement staff will advise
the property owner that all three garage parking spaces must be clear and accessible for
parking at all times. (12010 -0493)
Notes
Overall, the facilities we inspected were clean and free of trash and rubbish around the
property. Refuse containers were stored in the garages or out of public view. I did not
observe cigarette butts discarded in the street, alley, sidewalks or gutters near the
facilities.
During the inspection, J. Kappeler asked Ms. Farnsworth about the SLBTS procedure for
disposing of urine samples obtained from clients. Ms. Farnsworth stated that urine
samples are emptied into a toilet and the containers are discarded in the trash. She
stated that this method had been approved by the City.
It should be noted that the facility located at 118 45" St. closed at the beginning of the
year (2010). The facility at 122 45th St. is scheduled to close at the end of May. It was
agreed that SLBTS would submit an updated facility list to the City along with an
updated bed count and client count and copies of the appropriate fire clearance reports.
Parolee Check
As required by the Zoning Agreement (Exhibit B, Section B[1)), no parolees shall reside
at any SLBTS facilities. On April 29, 2010, the Newport Beach Police Department
verified that no parolees were residing at any of the addresses listed in the attachment —
SLBTS Facilities, dated 12- 14 -09.
41Page
July 29, 2010
CODE AND WATER QUALITY
ENFORCEMENT DIVISION
MEMORANDUM
TO: Office of the City Attorney
FROM: John Kappeler, Code & WQ Enforcement Division Manager
SUBJECT: Sober Living by the Sea Facilities — Zoning Agreement
Compliance Inspection & Parolee Check
Please review the below report for compliance with the Sober Living by the Sea
Zoning Agreement.
Compliance Inspection
On July 28, 2010, Code and Water Quality Enforcement Senior Officer, Matt Coalion,
and I inspected the following Sober Living by the Sea ( SLBTS) facilities: 505 29 St.,
5004 Neptune Ave. Unit A/B, 5101 River Ave. Unit B and 4500/4504 Seashore Dr. The
purpose of the inspection was to verify the accuracy of the Compliance Review Report,
specifically, the location of SLBTS facilities and their respective bed counts
As required by Condition No. 14 of the Zoning Agreement, SLBTS was notified, via email
and telephone, 24 hours in advance of the time and locations of the inspections. The
point of contact from SLBTS was Danielle Farnsworth. Farnsworth and Eric
Vandennoort were present at each of the inspections.
505 29"' St.
The first facility we inspected was 505 29`h St. The property is a female only licensed
sober living facility. The onsite manager, Kristen, a nurse and another SLBTS employee
were present during the inspection. The following is a breakdown of the bedrooms along
with the bed count:
Downstairs
Bedroom 1 - 3 beds
Bedroom 2 — 1 bed (staff only)
1 jPage
Upstairs
Bedroom 1 - 3 beds
The upstairs portion of the house also included a meditation room (with a small day bed
— that isn't used for sleeping purposes) and a massage room complete with a massage
table.
The property is staffed 24/7, the overall condition clean, the property has working smoke
detectors, the garage accessible for parking and no refuse issues. Three of the six beds
are currently occupied with clients.
5004 Neptune Ave. Unit A/B
The next facility inspected was 5004 Neptune Ave. The property is a male only
unlicensed sober living home. The following is a breakdown of the bedrooms along with
the bed count:
Unit A (Downstairs)
Bedroom 1 -2 beds
Bedroom 2 - 2 beds
Bedroom 3 — 2 beds
Unit B (Upstairs)
Bedroom 1 - 1 bed (staff only, Bob Sears)
Bedroom 2 - 2 beds
Bedroom 3 - 2 Beds
Bedroom 4 - 2 beds
The property is staffed 24/7 (house manager - Bob Sears), the overall condition clean,
the property has working smoke detectors and no refuse issues. Unit A currently has
one bed occupied with a client, and Unit B has 3 beds occupied with clients + the onsite
manager.
5101 River Ave. Unit B
From 5004 Neptune Ave., we proceeded to inspect 5101 River Ave. Unit B. The
following is the breakdown of the bedrooms along with the bed count:
Unit B (Upstairs)
Bedroom 1 - 1 bed (staff only)
Bedroom 2 - 2 beds
Bedroom 3 - 2 beds
Bedroom 4 - 2 beds
21Page
The property is staffed 2417, the overall condition clean, the property has working smoke
detectors and no refuse issues. Currently no clients reside at the property — only the
house manager is living there at this time.
4500/4504 Seashore Dr.
The last facility we inspected was 4500/4504 Seashore Dr. This is a female only facility
with two house managers living in the upstairs unit (4504). The following is a breakdown
of the bedrooms along with the bed count:
4500 Seashore Dr. (Downstairs)
Bedroom 1 - 2 beds
Bedroom 2 - 2 beds
4504 Seashore Dr. (Upstairs
Bedroom 1 - 2 beds
Bedroom 2 - 2 beds
Bedroom 3 — 2 beds (staff only)
The property is staffed 24/7, the overall condition clean, the property has working smoke
detectors and no refuse issues. Currently four beds at 4500 are occupied with clients
and 2 beds at 4504 + the two house managers.
Notes
Overall, the facilities we inspected were clean and free of trash and rubbish around the
property. Refuse containers were stored in the garages or out of public view. We did not
observe cigarette butts discarded in the street, alley, sidewalks or gutters near the
facilities.
Three SLBTS facilities (4500 Seashore Dr., 4800 Seashore Dr. and 505 291' St.) are
currently approved to house clients on probation (as approved by OC Probation). SLBTS
is planning to remove the probation approval from the 4500 Seashore Dr, property.
SLBTS will be giving up the 4816 Seashore Dr. facility when the lease expires (later this
calendar year), and they're planning to retain the 4800 Seashore Dr. facility.
Parolee Check
As required by the Zoning Agreement (Exhibit B, Section B[11), no parolees shall reside
at any SLBTS facilities. On July 29, 2010, the Newport Beach Police Department
verified that no parolees were residing at any of the addresses listed in the attachment —
Exhibit G, Compliance Report Template, dated: June 28, 2010.
3 1 P a g e
Attachments:
Exhibit G, Compliance Report Template, dated: June 28, 2010
NBPD Parolee Check Email, dated: July 29, 2010
41Page
September 30, 2010
CODE AND WATER QUALITY
ENFORCEMENT DIVISION
MEMORANDUM
TO: File
FROM: Matt Cosylion, Senior Code & WQ Enforcement Officer
SUBJECT: Sober Living by the Sea Facilities — Zoning Agreement
Compliance Inspection & Parolee Check
Compliance Inspection
On September 29, 2010, Code Enforcement Officer (CEO), Brian Contino, and I
inspected the following Sober Living by the Sea (SLBTS) facilities: 4711 and 4711 '/2
Seashore Dr., 6110 W. Ocean Front, and 4138 Patrice. The purpose of these
inspections was to verify the accuracy of the Compliance Review Report (dated June 28,
2010), specifically, the locations of SLBTS facilities and their respective bed counts and
to verify compliance with the operational regulations outlined in Exhibit B of the Zoning
Agreement.
As required by Condition No. 14 of the Zoning Agreement, SLBTS was notified, via email
and telephone, on Monday, September 27 of the time and locations of the inspections.
Chris Swanberg, an employee of SLBTS, drove us to each of the locations.
4711 and 4711'/2 Seashore Dr.
The first facility inspected was The Landing, located at 4711 Seashore Dr. The Landing
is a male only licensed facility. It should be noted that 4711 Seashore Dr. (front unit) is a
licensed facility while 4711 %2 (back unit) is unlicensed. The point of contact from SLBTS
for this facility was the Program and Clinical Director, Stephen Odom.
This facility has 24 hour staffing, but there are no resident staff members or staff beds.
There are 6 clients residing at 4711 Seashore Dr. and 3 clients at 4711 '/2 Seashore Dr.
Bed Count:
4711 Seashore Dr,
Downstairs
Staff Office
1 jPage
Upstairs
Bedroom 1 - 2 beds
Bedroom 2 - 2 beds
Bedroom 3 - 2 beds
4719 % Seashore Dr,
Bedroom 1 -1 bed
Bedroom 2- 2 beds
Office -No beds
It should be noted that 4711 '/2 Seashore Dr. is not listed on the Compliance Review
Report, dated June 28, 2010. On October 4, 2010, 1 contacted SLBTS regarding the
matter. According to Kathy Sylvia of SLBTS, 4711 '/2 Seashore Dr. was not occupied by
clients when the Compliance Review Report was submitted to the City. On September
1, 2010, SLBTS began utilizing 4711 '/z Seashore Dr for client use (living and sleeping
area). An email from SLBTS regarding this matter is attached to this report.
Medical Waste
SLBTS uses a urine analysis (UA) device that has a lid which is difficult to remove. The
UA devices, containing urine, are disposed of in the trash. Occasionally, The Landing
will have a diabetic client who needs insulin shots. The needles are disposed of in a
"Sharps" container (biohazard) which is taken to the SLBTS facility at 2811 Villa Way for
proper disposal.
Secondhand smoke /Cigarettes:
Upon arriving at the facility, two clients were observed smoking in the side yard adjacent
to 47'h Street. During the inspection, other clients were observed smoking in the side
yard and placing their cigarette butts in a nearby cigarette receptacle, which
extinguishes the cigarette butts and contains the odor.
CEO Contino and I crossed the street and stood on the sidewalk adjacent to 4801
Seashore Dr. From this location, we could not smell the cigarette smoke. Next, we
monitored the cigarette odor from Seashore Dr. Standing in the middle of the street,
there was a faint odor of cigarette smoke.
CEO Contino and I then checked the front yard patio and planters for cigarette butts.
There were a few cigarette butts in the bushes and in the planter box. Clients are
required to sweep the exterior of the property on a daily basis and are only permitted to
smoke in the side yard adjacent to 47`h St. According to SLBTS staff, beachgoers have
been observed disposing of cigarette butts in the planter box and on the street.
Off - Street Parking:
There are three garage parking spaces for this property and one carport space. All off -
street parking spaces were accessible for parking. Bikes and trash cans were stored in
one of the garage parking spaces. However, the trash cans and bikes are easily moved
and do not constitute a violation of Newport Beach Municipal Code Section 20.66.040.
21Page
Trash/Trash Cans:
Prior to leaving, CEO Contino and I walked the exterior of the property. It should be
noted that the property was clean and well- maintained. As previously noted, the trash
cans were stored in the garage as allowed per code.
6110 W. Ocean Front
The next facility inspected was The Rose 11, located at 6110 W. Ocean Front. The Rose
II is a licensed female only facility. The point of contact from SLBTS for this facility was
the Program Director, Sandy Taylor.
The facility has 24 hour staffing, but there are no resident staff members or staff beds.
There are 6 clients residing at this facility.
Bed Counts:
Downstairs
Bedroom 1 - 2 beds
Upstairs
Bedroom 1 - 2 beds
Bedroom 2 - 2 beds
Office — No beds
Medical Waste:
The Rose II utilizes the same UA device as The Landing. After completion of the UA
test, the urine is poured into a toilet and the UA device is disposed of in the trash.
Secondhand smoke /Cigarettes:
Clients are only permitted to smoke in the front yard. In the front yard, a cigarette butt
receptacle similar to the one at the Landing was observed. No cigarette butts were
observed in the street or around the property.
Off - Street Parking:
There are two off - street, covered (garage) parking spaces for this property. Both spaces
were accessible for parking.
Trash /Trash Cans.
Prior to leaving, CEO Contino and I walked the exterior of the property. The property
appeared clean and well- maintained. Trash cans were stored in the side yard behind a
closed gate as allowed per code.
3 1 P a g e
4138 Patrice
The last facility inspected was located at 4138 Patrice. This location is a female only
sober living home. The point of contact from SLBTS was the case manager for the
facility, Susie Bailey. SLBTS does not have a license from ADP for this location but is
working to obtain one.
This facility has 24 hour staffing and has a resident staff member. The resident staff
member, Gracie, is a registered nurse and is referred to as the "House Mom." There are
2 clients residing at this facility. This facility is replacing the 100 -102 Via Antibes facility.
Bed Counts:
Downstairs
Bedroom 1- Staff
Upstairs
Bedroom 1 - 2 beds
Bedroom 2 - 2 beds
Bedroom 3 - 2 beds
Office - No Beds
WIFYIW
The UA device utilized at this facility is the same one used at The Landing and The Rose
II. After completion of the UA test, UA devices, containing urine, are disposed of in the
trash. The UA devices are not placed in a bag prior to being disposed of in the trash.
Secondhand smoke /Cigarettes:
Clients are only permitted to smoke in the front yard. A cigarette receptacle device
similar to those at The Landing and Rose II was observed as well as ashtrays. There
were no discarded cigarette butts in /or around the property.
Off - Street Parking:
There are two off - street, covered (garage) parking spaces for this property. Both spaces
were accessible for parking.
Trash /Trash Cans:
Prior to leaving, CEO Contino and I walked the exterior of the property. The property
appeared clean and well- maintained. Trash cans were stored in the garage as allowed
per code.
41Page
Parolee Check
As required by the Zoning Agreement (Exhibit B, Section B [1)), no parolees shall reside
at any SLBTS facilities. On September 29, 2010, a request was submitted to the
Newport Beach Police Department (NBPD) for verification that no parolees were residing
at any of the addresses listed in the attachment — Exhibit G, Compliance Report
Template, dated: June 28, 2010. On October 1, 2010, the NBPD verified that no
parolees were residing at any of the addresses listed in the attachment — Exhibit G,
Compliance Report Template, dated: June 28, 2010.
Notes
Overall, the facilities inspected were clean, and free of trash and rubbish around the
property. Refuse containers were stored in the garages or out of public view. With the
exception of 4711 Seashore Dr., cigarette butts were not observed in the street, alley,
sidewalks or gutters near the facilities.
I obtained the house rules for each of the facilities. All of the house rules designated
specific locations for smoking.
On September 30, 2010, staff met with Kathy Sylvia from SLBTS to discuss the results
of the inspection. Staff recommended that a limit be placed on the number of clients
who can utilize the designated smoking area at 4711 Seashore Dr. at any given time.
This may help to prevent second hand smoke from affecting residents within the vicinity
of the facility.
Staff discussed the current procedure for disposing of UA devices at 4711 Seashore Dr
and 4138 Patrice. Ms. Sylvia stated that it was not the policy of SLBTS to dispose of UA
devices into the trash when they contain urine. A copy of the SLBTS policy on the
disposal procedure for UA devices has been submitted to the Office of the City Attorney
for review.
Attachments:
Exhibit G, Compliance Report Template, dated: June 28, 2010
Email from Kathy Sylvia, Executive Director, SLBTS, dated: October 4, 2010
51Page
CODE AND WATER QUALITY
ENFORCEMENT DIVISION
MEMORANDUM
September 30, 2010
TO: File
FROM: Matt Cosylion, Senior Code & WQ Enforcement Officer
SUBJECT: Sober Living by the Sea Facilities
Today, the exteriors of the following Sober Living by the Sea ( SLBTS) facilities were
inspected: 4711 Seashore Dr., 6110 W. Ocean Front, 505 29h St., 5004 Neptune, 5101
River Ave (Unit B), 3960 -3980 Seashore Dr., 4500 -4504 Seashore Dr., 4800 Seashore
Dr., 4816 Seashore Dr., and 6111 Seashore Dr. The purpose of these inspections was
to verify that all the above SLBTS facilities are in compliance with the Operational
Regulations (Section B, Exhibit B of the SLBTS Zoning Agreement) as they pertain to
trash, second hand smoke, and the proper disposal of cigarette butts.
Second Hand Smoke /Cioaretfe Butts:
At all of the facilities, there were no clients or other persons observed smoking
cigarettes. All of the facilities were relatively free of cigarette butts. All of the facilities had
at least one cigarette receptacle device located in a patio or front yard.
Trash /Debris
All of the facilities were clean and well- maintained.
Refuse Containers
At 5004 Neptune, 4816 Seashore Dr., 6111 Seashore Dr., 4711 Seashore Dr., 6110 W.
Ocean Front, and 3960 -3980 Seashore Dr., the trash cans were stored in a garage, side
yard, or in a location not visible to public view. All of the trash cans that were visible to
public view had lids on them and the area around the trash cans was clean.
At 505 29`h St., 5101 River Ave (Unit B), 4500 -4504 Seashore Dr., and 4800 Seashore
Dr, all or some of the trash cans did not have lids. At 505 29`h St. and 4500 -4504
Seashore Dr, the trash cans were improperly stored.
After the inspection, staff met with Kathy Sylvia of SLBTS to discuss the results of
today's inspection and the inspections on September 29, 2010. Ms. Sylvia was advised
that all trash cans must have lids on them and must be properly stored. I also advised
1jPage
Ms. Sylvia that the City had received a complaint regarding second hand smoke at 4711
Seashore Dr. in October, 2009. Although the City has not received additional
complaints, care should be taken to prevent second hand smoke from disturbing
residents living at adjacent properties.
21Page
Enforcement
Semi - annual compliance reports
submitted 12114/09, 6/28/10; 4
Semi- annual compliance
C ,,_. -, lu,.. ,...�
No more than 204 Citywide, Peninsula no more facilities inspected 4127/10, 4
reports show bed counts under
-
than 156 facilities inspected 7128/10; 3
limits citywide and in Peninsula ;Inspections in April, July and September 2010 showed
facilities inspected 9/29110; External
Zone 'consistent with counts reported by SLBTS
inspection of all facilities 9/30/10
Lido Island limit
No more than 12 beds on Lido Island Lido Island facilites inspected
In compliance (3 units, 4 beds
4/27/10
each )
SLBTS Lido Island facilities closed July 31 2010
Except 156 beds in Peninsula Zone
Facilities outside Peninsula Zone located in MFR Facility outside Penisula Zone
and Lido Island, all facilities located in
only. is located in MFR
New SLBTS facility opened outside Peninsula Zone at
MFR
,in MFR zone
New facilities opened after effective
date - one facility per block. or across
Block is area bounded by four streets, not alleys.
New facility inspected 9/30/10 Sole facility on block
4138 Patrice only new facility established since effectl%
borderino
Ordinance Effective Date: 5/12/09
118 45th St. or 122 45th St. - BOTH CLOSED
Disperal - disperse to one facility per
Dispersal Date: 11/12/11
block wM 30 months of effective date
Exceptions not required to disperse: 112 40 th
In compliance, final required
307 112 34th St. or 309 112 34th St - BOTH CLOSED
of ordinance adopting agreement. Four
S1. and 3960 -3980 Seashore; 122 45th St. and
dispersal in progress
exceptions under DA may remain w /in
4500 -4504 Seashore; 6110 Oceanfront and 6111
4800 Seashore or 4816 Seashore - 4816 CLOSING OI
same block.
Ocean Front; 4717 Seashore and either 4800
12!2/ 30/10
Seashore or 4816 Seashore
No new facility established outside
Dispersal of final location in
Peninsula Zone until dispersal
4138 Patrice established before final facility at 4816 Sr
process.
completed relocation, but during period that dispersal i
Proximity to schools, large day care
No facility Win 1,000' of NMUSD elementary
Incompliance
facilities
school or large d8 care facility
Proximity to parks
No facility adjacent to 36th St. tot lot or Marina
In compliance
Park tot lot
Parolees from CA Dept. of Corrections or
NBPD performed parolee checks
Parolees and government referrals
equivalent prohibited, government referrals
1/28(10, 4/29/10, 7/29/10, 9/30110 In compliance
prohibited. Other parolee /probationers - 1 per
dwellina unit allowed
and 10/21/10
NBPD reports indicate no parolees at any SLBTS addr
Disposed of in accordance with law and best
Requested information at 9/29/10 2 facilities advised to adopt
4711 Seashore and 4138 Patrice not using preferred n
Medical waste disposal
disposal. CE advised SLBTS 9/30110. SLBTS returns
practices
interior inspections preferred procedure
referred method.
Inspected at 11 facilities' interior
advised 9130/t of corrections needed at :
Other waste disposal
Comply with NBMC trash enclosure provisions
inspections and all 9/30/10 external
Most facilities in compliance, 4
B River, 45004504 Seashore, 4800 Seashore. SLBT:
advised of correction needed
action taken by 1015/10 at most locations. SLBTS plan
inspections
securi to ,event can lid theft
Good faith effort to prevent smoke affecting Inspected at 11 facilities' interior
1 orme o comp a nts, situation a resse , n
2 neighbor complaints & 1 3 complaints to CE - 102 Via
Secondhand smoke
neighboring properties; direct clients not to litter inspections and all 9(30110 external
tobacco
;complaints. Code Ent. advised SLBTS 9/30/10 of sug
neighboring business Antibes, and 4711 Seashore, and - mitigation measures for 4711 Seashore after inspecdo
with products or violate smoking
orohibitions inspections
complaint, addressed Villa Way facility
Comply with NBMC requirements for offstreet Inspected at 11 facilities' interior
Most in compliance, correction Owner of 100.102 Via Antibes and SLBTS using garatt
OHStreet parking
parking inspections and all 9130/10 external
purposes; Code Enforcement advised and garages mi
required at Via Antibes facilities
ins actions
available for parking.
Required staffing
24 -hour hotline for complaints
In compliance 24 -Hour Complaint Hotline - 948 554 -1147
Quiet hours, all residents inside: Sun - Thurs: 10
Quiet hours
PM - 7 AM;
No noise complaints received
Fri - Sat: 11 PM - 7 AM
Client transport routes
Routes submitted to City, good faith efforts to
No client transport complaints One complaint about van driver not SLBTS staff informed van driver seen on cell phone, n
adhere required
received adhering to Vehicle Code complete stop at stop sign; SLBTS addressed with dri,
Deliveries
During customary times for deliveries in
No delivery complaints
residential area
received
Clients per bedroom
2 clients per bedroom unless size of structure Inspected at 11 facilities' Interior
In compliance
All facilities inspected had 2 per bedroom or fewer clle
'505
warrants more for an single bedroom inspections
29th which had 2 rooms large enough for 3 beds r
2811 Villa Way meeting facility
Comply with terms of 8/25/06 letter
in compliance with terms of
Good faith efforts proceeding to complete parking lot,
I
letter ezceot DarklnD
I
reeuested to obtain orooertv owner comoli•
I
Condition Category
Specific Requirements Compliance Review Date r
Enforcement
large conference room size reduced
20 person max occupancy Final City approval 2/5/09 In compliance
Planning Director must approve design in writing Final City approval 2/5/09 In compliance
Two office cubicles constructed within large conference room
Small conference room size reduced
20 person max occupancy Final City approval 2/5/09
In compliance
Wall constructed across back of small conference room
Wall must be COC compliant; revised plans submitted & approved
Final City approval 2/5/09
Incompliance
Planning Director in writing
Complaint to Code Enforcement
Covered patio and other outdoor areas used by SLBTS clients only as
Not in compliance for portion of review September 2010: clients
stated in 8/25/06 lettter from Planning Director
See 1.5, below period, back in compliance after congregating more than 10 minutes
complaints reported before or 10 minutes after City staff reported complaint to SLOT
removed from outdoor patio and pre
1.Outdoor areas - client congregation before meetings
May congregate outdoors no more than 10 minutes before meeting Now in compliance See above
2. Outdoor areas - client congregation after meetings
May congregate outdoors no more than 30 minutes after meeting
Now in compliance See above
3, Outdoor areas - client congregation before morning transport from
7:00 AM -8:30 AM, clients may congregate no more than 30
Villa Way facility to other locations
minutes after a meeting In compliance City staff requested and received asst
all transportation requirements
4. Outdoor areas - client congregation after afternoon transport to Villa
1:00 PM -3:00 PM, clients may congregate no more than 10
Way facility from other locations
a requested and
minutes prior to either a meeting or dispersal from facility In compliance City staff requested and received asst
all transportation
S. No client congregation at facility for transportation, except as
provided in items 3 and 4, immediately above.
In compliance City staff requested and received asst
all transportation requirements.
Client meetings at facility permitted, with restrictions on number of
Now back in compliance - logs not
meetings and attendees
See 1 -5, below Records requested October 2010 maintained in 2009. Attendance estimates
SLOTS began Keeping required attend
created by SLOTS through other records.
submitted b SLOTS in October 2010
October r 20101
1. No more than 10 meetings per week, on average
Averaged over 4 week period Records reviewed October 2010 In compliance
.Generally 10 meetings/week,
2- No more than 12 meetings in any single week
No more than 2 meetings held concurrently at site Records reviewed October 2010 In compliance
General) 10 meetin s /week, occasio
3. No more than 20 attendees at any meeting
No more than 2 meetings held concurrently at site Records reviewed October 2010 In compliance
4. Records maintained to show number of meetings held and attendees
Records show meetin attendance us
Records maintained 12 months, verified by SLBTS employee, Not (n compliance from 2009 - Summer Meeting records and attendance logs
resent
Ins inspected CI upon request Records requested October 2010
2010. Records now being maintained. SLOTS advised to begin maintainin rf
S. Meetings w/ more than 20 persons held in another location
Large meeting facility opened in In compliance Meeting facility in Costa Mesa open a
attending
client aending Villa Way meetings allowed to operate a motor
2007 in Costa Mesa purposes.
vehicle
vehicle
n corn City staff requested and received asst
pliance
this requirement.
Facility hours limited
See 1 -3 below .City staff requested and received asst
In compliance
this requirement.
6:30 AM • 8:30 PM. Clients must leave facility 30 minutes after
1. Meetings and prescription pickup
meeting or prescription pickup. In compliance City staff requested and received asst
this requirement.
2. Onsite nurses
Monday- Friday 7:00 AM - 5:00 PM, Saturday S:OOAM -Noon. No City staff requested and received asst
nurses onsite Sunday, In compliance
this requirement.
3. Other staff
2 staff may be onsite until 11:00 PM to receive calls
In compliance
City staff requested and received asst
this re uirement.
Offsite parking lot required
Provide and use 13 offsite parking Spaces in parking lot to be
SLOTS submitted letter dated 11 /1
Not In cam owner's attorneys
Records provided October 2010. compliance, but ongoing good faith attempting to mop
constructed across street.
efforts documented summarized in staff report attachmel
Clients riding bikes to facility must use Planning Director-approved
Written route plan provided by SLOTS 10 /26/06; approved by
I on Mel
route
Planning Dept.
On 10/21/10, City staff presented SLI
In compliance
SLBTS:
Waste and cigarette disposal containers
Must be provided onsite at facility In compliance
City staff requested and received assu
this requirement.
Appeal of use permit denial withdrawn without prejudice
Appeal withdrawal a required condition to Planning Director's
finding that use permit no longer needed Appeal withdrawn in 2006
A e c 0 f F
SLIBITS Zoning Agreement - Annual Compliance - Individual Facilities
N
Frri
Interior mpecton - piem bee Ns in T
Facnlity address: 505 29th St
7128/10 compllaroe wth No complaints from
6 client beds)
Exterloriapection- reported NS public
5
1 The facilt OPEN as of 1011/10
Except 15s beds in Peninsula Zone
Facades =side
and Lido Island. all IacA4res hated in
This facility located In
Peninsula Zone located
6
MFR
Peninsula Zane
in MFR only,
New laci4res opened after edeavve
Block is area bounded
date - one fa6,hly per Mack, or across
by four streets, not
Sole facility on block`
Wolenorl steel
allels.
Ordinance EBedive
Date: 5112/09
Dispersal Date:
11112/11
11845th St. or 12245th St. - BOTH CLOSED
Exceptions nor required
Ll Peral - disperse to brie facpay per
to disperse, 112 40 in
307 112 39th St. or 309 112 34th St - BOTH
dock w/in 30 morphs of effective date
St. and 3960.3980
CLOSED
d ordinance adopting agreement.
Sole facile on dock -
Seashore; 122 45th St. oldispersal
Four exceptions under DA may
and 4500.4504 required
4800 Seashore or 4816 Seashore - 4816
remain won same block.
Seashore; 6110
CLOSING SCHEDULED
Oceanfront and 6111
Ocean Front; 4711
Seashore aid either
a
4800 Seashore or 4816
new facility established outside
INO
Perinsda Zone oils dispersal
Dspareal of final
Diaper
9
comolated
location is process.
No facility wan 1,000' of
Froumpy to schools. large day care
NMUSD elementary
facilities
school or large day care
Incompliance
o
fit Ji
No facility adjacent to
Proximity 10 perks
3611h St. tot lot or Mares
In compliance
Park tot lot
Parolees from CA Dept.
of Corrections or
equivalent prohibited,
NBPD performed
Parolees and govenrnert referrals
government referrals
parolee checks 1/2 &10,
In compliance
prohibited. Other
4/29/10 7/29!10
peroloe /probationers - 1
gr30r10 and 1=1/10
per dwelling one allowed
3z
Disposed of in
Medical waste disposal
accordance with law
13
1 j
rash cans not "pe7Vk)catK adv
Comply with NBMC
Exterior inspection -
91=10. Corrective action rot taken by 10/5/10,
Other waste dspoual
trash enclosure
9/3410
Not In compliance
because
because of missing can lids. SLBT$ wis
prpsima
new can lids.
14
Good farm effort to
prevent smoke affecting
nelghbonng properties:
Edenor inspection -
No complaints received,
Secondhand smoke
direct clients not to lifter
9/30!10
no smoke or related
tobacco Products or
titer observed
vlolate smoking
15
prohibitions
011slreelparking
Comply with NBMC Exterior inspection
requirements for
No compll received
— —
1a
9/mio-
offblreal /kin
Required staffing
20.hour hogirte for
In Compliance
11
corm lamas
Hdane 554 -1147
l
Duel hours, all
iwurs
residents inside: Sun - No noise complaints
Thurs: 10 PM - 7 AM; received
la'
Fri - Sat; 11 PM - 7 AM
Roulas submitted to
Transport routes
City, good fat h efforts
rt
No transport rote
wt route
'a
dherer ired
Complaints received
During customary limes
...nos
for delwanes In
No delivery conplants
20
_
residential area
received
2 clients per bedroom
per bedroom
uNerS size of structure
interior Lion -
2 bedrooms contained 3
warrants more for any
728/10
128110
bads size of rooms Consistent with rovlstons of ZA
p
single bedroom
approp/late for N
22
I
Semi annually; by I
Concatenate, reports
Repolmg Frequency
December 31 and June
I
submitted 12/14/09 and Incompliance
22
0
Ill.
Al e D E 6
I
SILBTS Zoning Agreement - Annual Compliance - Individual Facilities
4
Condition Category
Specific Requirements Inspection a
Code Enfomement Not-
FaWay address: 112 40th St., A&B
Imenor inspetlion
No complaints from
f6 client beds in 8, 2 staff in A)
4127110: Exterior
Client bed Ms consistent pubic
5
Inspection 9130110
with as reported This facifty, OPEN as of 10'1/10
Except 156 beds it Peninsula Zone
Facilitss Outside
and lido Island. as facilities located in
Peninsula Zone located
This facalty located In
s
FR
in F
penelsuie Zone
New faculties opened after effective
Block is area bounded
-ate - One facility per dock, or acmes
by tow streets, rot
Exception under ZA
r
Lo,dering sustair
alleys
Ordinance Effective
Date: 5112109
Dispersal Date'.
I 12`11 118 45th SL or 122 45th St. • BOTH CLOSED
Exceptions not required
Daperdl - disperse to ono mcMy per
10 disperse: 112 40 th 3071/2 34th St. or 309112 34th St - BOTH
duck wain 3D mZhs of effective dale
St. and 3960 -3980 CLOSED
Exception under ZA - no
of ordinance adopting agreement.
Seashore ; 122 45th St.
Four erced�ons under OA may
and 4500.4504 dispersal required 4800 Seashore or 4816 Seashore - 4816
remain wain same dock.
Seashore; 6110 CLOSING SCHEDULED
Oce9mrom and 6111
Ocean Front; 4711
Seashore and either
4800 Seashore Or 4876
8
No new facility established Outside
Peninsula Zone veil lisp irsal
Dispersal of final
y
camokured
location in process.
NO facility w /in 1,000' of
Prudmay, to schools, large day care
NMUSD elementary
facilities
school or large day Fare
In compiarx;e
10
facility
No facility adjacent to
Proximity to Parks
36th St. lot lot or Means
In compliance
11
PAN tat lot
Parolees from CA Dept
of Corrections or
NBPD performed
equivalent proNbded,
Parolees and go mmmem referral refer
parolee checks 1/26170,
government referral In compliance
prohibited Other 4129/10. 7/29/10,
parolee/probationers - 1 92`30/10 and 10./21/10
per dwelling unit allowed'
t2
Disposed of in
MedCal waste disposal
accordance with law
1
—Ano best c i
Comply with NBMC
Interior xepectlon -
101hor waste deposal
trash enclosure
In compliance
4127110
14
_provisions
Good faith effort to
prevoot smoke alleating
neighboring properties; NO complaints received
Interior inspection
Secondhand smoke
direct clients not to lifter no smoke or related
4127110
with lobacco products or lifter observed
violate smoking
15
prohlbelors
Qfl9lreel parking
Comply with N8MC
reguiramems for
IntenOr ' mapedion
Parking dear, no
16
off reel rki
4/27110
complains received
Required staffing
n9
4 -hour holline for
In compliance
17
comb taints
Hdline• 949 554.1147
Quiet hours, all
Quiet hours
residents trends, Sun - No nose complaints
Thum: 10 PM - 7 AM: received
18
Fri - Sat: 11 PM - 7 AM
Routes submitted to
Chem transport twos
No transport route
City, good faith efforts
19
complaints received
to adhere re fired p m
During customary limas
Deliveries
for deliveries in
NO OelNery complaints
ID
residential area
Waived
2 clients par bedroom
Clime per bedroom
unless size of structure
warrants more for any
Interior inspection
4127/10 2 per bedroom or less
No clients in Uric A; staff only
21
segle bedroom
Semi annually, by Compliance reports
Reporting Frequency
December 31 and June submitted 12/14/09 and In compliance
II
ao 6128110.
A1111
c D E I F F-G H
1
SL13TS Zoning Agreement - Annual
Compliance - Individual Facilities
Corfulkni Category
Specific Requiernems inspection Date
r or
a
Code Enlocoareed
Noes
Facarm address: 5004 Neptune A&B
Imenor inspedchn
(6 client beds in A. 6 client beds in
7/28110;
Ghent bad xs consistent
BI
Exlena inspection -
with es reported No complaints few
s
public,
This facility OPEN as of 1011110
Except 156 beds in Pelfira la Zone
Facilities OIIISIde
and Lido Island. all facilities located 0
Peninsula Zone located
This facility located in
6
in MFR only.
Peninsula Zane
New facilities opened after effectie
Block is area bounded
date - ono facility par block. or across
by four streets, nor
Sole laciily on block
alleys.
Ordinance Effective
Date: 5112109
Dispersal Dale:
11112111 11845th St. a 122 45th St. - BOTH CLOSED
Exceptions not required
DLV" - disperse 10 one faaMY Par
to disperse: 11240th 30712 34th St. pr 309 1;2 341 If St - BOTH
block win 30 months of effective dale
St. and 3960.3980 CLOSED
Sole facility on block -
I
d and eance atlaplrng ainf rnem.
Seashore; 122 45th St. no dspersal raquiretl
Four exceptions under DA may
and 4500.4504 4800 Seashore m 4616 Seashore - 481 6
remain wain same Mock.
Seashore; 6110 CLOSING SCHEDULED
Oceanfront and 6111
Ocean Front: 4711
Seashore and e6tw
4800 Seashore a 4816
No new toady estaolene l outside
Peninsula Zone until asperse]
Dispersal o foal
a
ConDleted,
location in process.
No healthy wan 1,000' of
Proximity to sUleda large day care
NMUSD elementary
facilities
school a large day care
Incompliance
10
facility
No facility, adjacent to
Proximity to Polite
38th St. Id IN or Manna
In compliance
Pala lot
Pardees from CA Dept.
of Comedians or NBPD performed
Pardon and glwemmem referrals
equivalent prohibited,
govemmem referrals pontes checks 1/28I10,
In compliance
Prohibited. Other 4129110. 7129/10,
parolee /proballonem- 1 9/3410"/0/21/10
per dwelling unit allowed
12
Disposed of in
Medical waste asposal
accordance with law
13
still bet practices
Comply with NBMC
Exterior
Exterior Inspection
Other waste deposal
trash enclosure
Incompliance
14
nevi ' s
Goal faith effort to
prevent smoke affecting
neighboring properties;
No complaints received,
Exlerior inspection -
Secondhand smoke
drecl clients not to litter
no smoke or related
9/30/10
with tobacco products or
litter observed
violate smoking
15
prohibsions
Comply with NBMC
Exteriorinspection -
OBsimet pacing
requeemenls for
9130710
No canplainfs received
16
offstreet rid
Required staffing
24 -lour hotline for
In Canpfenca
17
con plaints
Hotline • 949 5541147
Quiet hours, all
Qlset Dees
residents inside: Sun - No nose complaints
Thum: 10 PM - 7 AM; received
]a
Fri - Sat: 11 PM -7AM
Rmaes submitted to No Transport route
Costs heretical roulas
City, good faith efforts
is
o adhere featured complaints received
During customary times
No delivery comcomplaints
o
Deiverles
for der etas in
residential was
received
2 clients per betlroom
Caves per bedroom
unless sue of etrucbxe
Interior in$ ocllohn
2 chords per bedrooms
warrants more IN any
7128/10
or fewer
21
single bedroom
Semi annualy; by Compliance reporla
Reporimg Frequency
December 31 and June submitted 12,14/09 and
In compliance
22
30 Willi
4 s
c ❑ I E I F I G H
AME
SLBTS Zoning
Agreement - Annual Compliance - Individual Facilities
4
Ciandifim Category
Specific Requremerits
Inspect ... i, lm?,, Result CQ,npIci,Ms to N13PD i,, r4ol"s
Interior inspection Client bed ris
Facility address: 5101 River. Unit B
7/211110; consistent with #s No complaints from
(6 Client beds)
Exterior inspection- reported public
s
This facility OPEN as of 10/1/10
156 beds ll PernruNa Zone
Facilities
and Lj
and Ledo Island. all ladhtres located
Peninsula Zone located
m loco
TNS facility located in
s
I
n MFR only,
Peninsula Zone
New facilities opened cilia! effective
Block is area boumted
date - one lacnny per block, or
by four streets, not
Sole facility on block
7
across bordering r
all s.
Ordinance Effective
Date: 5112709
Dispersal Date:
11112!11 ,118 45th St. or 122 451h St. - BOTH CLOSED
Exceptions not required
Dlsperal - disperse to one facility per
to disperse: 112 40 th 307 112 34th St. Or 309 1/2 341h St - BOTH
block w.4n 30 months of effective
St. and 3960.3980 Sole facility n block - CLOSED
ty l
date of ordiriance adopting
Seashore; 122 45th St. n o dispersal required
agmemern. Four ercepoms under
and 4500-4504 4800 Seashore a 4816 Seashore - 4816
DA may remain whin same block.
Seashore; 6110 CLOSING SCHEDULED
Oceanfront and 6111
Ocean Front: 4711
Seashore and either
4800 Seashore or 4816
9
new facility established outside
INO
Peninsula Zone nail dispersal
Dispersal of final
y
location in process.
No facility wAn 1,000' of
"
Proximity to schools. large day care
NMUSD slemamary
facilities
school or large day
Incompliance
0
facility
No facility adjacent to
Proximity to parks
36th St. lot 101 Or
In compliance
11
Marine Park t t lot
Parolees from CA
Dept of Corrections or
NBPD performed equivalam prohibited,
Perot" Checks
government referrals
Parolees and government referrals
1 /28!10, 4/29/10,
prohibited. Other
In compliance
7/29/10, 9/30110 and
par
pee/probag unit 10/21/10
1 per dwelling unit
12
allowed
Disposed of i0
Meatcal waste disposal
accordance with law
U1
and heal practices
Comply with NBMC
Exterior inspectionTrash
cans not properly locoed or covered;
Other waste dsposal
trash enclosure
91=10 Now in compliance
$LETS advised 9/30110, corrective action taken
16
rovlst
0!510.
Good faith effort l0
prevent smoke
affecting neighboring No complaints
Secondhand smoke
properties; direct Exteniorinspecti on.
received, rro smoke Or
diems not Io lifter with 9/30110
related filter observed
tobacco products or
violate smoking
is
OHsheet parking
Comply with NBMC Exterior IrspadlOn-
requirements for
No complains received
I6
g/30/t0
offstr t anti
Required staffing
24 -hour hodmis for Inc fiance
omp
17
complaints
Hotline- 949 554 -1147
Quiet hours, all
Oust hours
residents inside: Sun -
No ncise complaints
Thos: 10 PM • 7 AM;
received
1e
Fa - $at: 11 PM - 7 AM
Routes submitted to
Client transport routes
City, good faith efforts
No transport noule
is
19 9drism, required
complaints received
During customary times
Dahved es
for deliveries in
v
No delivery complaints
w
residential area
eceivetl
2 clients per bedroom
Of" per bedroom
unless size of structure
Interior inspection 2 clients per bedroom
warrants more for any
71211110; or less
u
single bedroom
Semi annually-, by
Compliance reports
Reporting Frequency
December 31 and June
is 12/14109 and In compliance
71
A B
C
D E 0 H
2
SILBTS Zoning Agreement - Annual Compliance - Individual Facilities
4
a"
Fsaliiy address: 3960- 3980
Seashore (4 client beds in 3960. 6
Esenor inspection -
No complaints from
5
client beds in 3980
9I30l10
public Thls facifi OPEN as of 1011110
'TMs
Except 156 beds in Peninsula Zone
Facililies outside
and We Island. all lactlltles WCye t
facility located in
Peninsula Zone located
s
FR
Peninsula Zone
in MFR o
New fac0thes opened after selective
Block is area bounded
date - one facility per block, or
by four streets, not
Exception under ZA
_L
across boftWm 0
a ly s.
Ordinance Effective
Date: 5112/09
Dispersal Date:
11112/11 118 451h St. or 122 451h St. - BOTH CLOSED
Exceptions not required
Disperal - disperse to ore facility per
to disperse: 112 40 M 307 1/2 34th St. or 309 12 34th SI - BOTH
Mock whn 30 months of effective
St. and 3960 -3880 CLOSED
date of ordinance adopting
Seashore; 122 45th St. Exception alder ZA -
agreement. Fou,oxcepaonsurakr
and 4500.4504 no dispersal required 4800 Seashore or 4816 Seashore -4816
DA may remam.(in same block.
Seashore; 6110 CLOSING SCHEDULED
Oceanfront and 6111
Ocean Front; 4711
Seashore and either
4800 Seashore or 4816
e
140 new reality established outside
Peninsula Zone until oismirsal
Dispersal of final
9
I
location in process.
No facility w/In 1,000' of
Proximity to schools. large day care
NMUSD elementary
facilities
school m large day
In Compliance
10
filrifit,
No facility adjacent to
Provmity to parks
36th St. lot lot or
In compliance
li
Marna Park l t lot
Parolees from CA
Dept. of Corrections or
NBPD performed
equivalent prohibited,
Parolees and government referrals
parolee checks
government referrals 128/10, 429/10, In compliance
prohibited. Other 7/29/101 9/30/10 and
par0lee/p
lobater
allin unit 1021/10
1 per dwelling unit
12
allowed
Disposed of in
Medical waste disposal
accordance with law
13
and best ractic
Other waste disposal
Comply with NBMC
trash enclosure
Exterior Inspection
In compliance
14
0110
Good faith effort to
prevent smoke
affecting neighboring
No complaints
Secondhand smoke
properties: direct Exterior inspection -
received, no smoke or
clients not to lifter with 9/30110
related liner observed
tobacco products or
violate smoking
IS
Othtreet psrlung
Comply with NBMC
requirements for
Exterior Inspection -
No complaints received
is
offstreel rkin
x,10
Required staffing
24 -hour holline for
Incompliance
17
cam aims
Hotline- 949J 554.1147
Ouiet hours, all
Quiet tears
residents inside: Sun - No anise complaints
Thurs: 10 PM - 7 AM; received
1e
Fn - Sal: 11 PM - 7 AM
Routes submitted to
Client transport mules
City, good faith efforts
No route transport
19
a re r
Complaints received
During customary times
DNivertes
for deliveries in
No delivery complaints
20
r idenual area
received
2 clients per bedroom
Clients per bedroom
unless size of structure
warrants more for any
21
single bedroom
Semi annually; by
Compliance reports
Reporting Frequency
December 31 and June
submitted 12/14/09 and Incompliance
21
rIA
6128/10.
JA IS
C 0 E I F G M
2
weas
SLBTS Zoning Agreement - Annual Compliance - Individual Facilities
d
Facitity address: 4500 - 4504
a
InlerrNI inspection 'Client bed as
Seashore (10 client beds between
7,28110', Consistent with bs No complaints trom
two units)
Exterior inspection- reported public
5
This facility OPEN as of 10/1110
E
Except be ds in ParvnsWa Zone
Fadl4ies outside
addict, Island. all faGhlies located
Peninsula Zone located Facility located in
s
in MFR onl . Peninsula Zone
New facilities opened after eBeetwo
Block is area bounded
date am facility per dock. or
by four streets, not
Sale facility on block
borderline Across street
all
Ordinance Effective
Dale : 5112109
Dispersal Dale:
11!12/11 118 45th St. or 122 45th St. - BOTH CLOSED
Exceptions nor equal
Drsperal - dspersa l0 are fi alrty per
to disperse: 112 a01h 307 tit 34th St. or 309 112 34th Sl. - BOTH
block wfm 30 morshs of effective
St. and 3960.3980 CLOSED
date of ordinance adopting
Seashore; 122 45th SL Exception under ZA -
agreemers. Four exceptions under
and 4500.4504 no dispersal required 4800 Seashore or 4816 Seashore - 4816
DA may remain wan same black.
Seashore; 6110 CLOSING SCHEDULED
Oceanfront and 6111
Although this facility Ocean Frain; 4711 9 h and 122 45th both
Seashore and either allowed to slay under Z0. 122 45th has
a
4800 Seashore or 4816 closed.
No new facility esladishad outside
-
Peninsula Zone unfit dispersal
Dispersal Of final
g
completed,
location in process.
No facility wIn 1,000 0l
Prownity to schools. large day Cara
NMUSD elementary
factures
school or large day
In compliance
10
ai farility
No facility adjacent to
Pronmity to parks
36th St. tot IM or
In compliance
11
Mai Park lot lot
Parolees from CA
Dept. Of Corrections or
NBPD performed
Parolees and government referrals
government referrals parolee checks
9ovemment referrals
11114129/10, In compliance
rohi
prohibited. Olney 7/29/10 9/30/10 and
parolee /prObelioners-
10/21110
1 per dwelling unit
12
allowed
Disposed of in
Medical waste disposal
accordance with law
1J
and best Dracliii:as
Comply with NBMC Trash cars rot located an or ="red property .
Olney waste disposal
(rash enclosure Extenwinspil ion- Not in compliance SLBTS advised 8,90!10. Corrective scion not
provisions 8130110 taken by /0/5✓10; SLBTS plans to purchase
:n
new can title
Good faith aeon to
prevent smoke
affecting mghb0dng
Secordriarq she
properties; direct Exterior irspectlon-
smoke
clients nor to lifter with 9!30/10
recervedo or
tobacco products or
related liner observed
violate smoking
is,
runinnifinins.
Offelreet parking
Comply with NBMC Eoeriorinspectim-
requirements for No complaints recewil
:6
8/30710
oestfe nd
Required staffing
24- hourhollmisfor
In
17
come )earls
Hotline• 949 55a -1147
Quiet hours, all
Quiet hours
residentsinside: Sun -
No noise complains
Thurs', 10 PM - 7 AM;
received
le
Fri • Sat: 11 PM • 7 AM
Routes submitted to
Client transport routes
Noire
City. good faith efforts nsport roue
19
O ad re r uired complaints received
Diming customary times
Deiwems
for deliveries in
No delivery complaints
za
residential area
received
2 clients per bedroom
Clients per bedroom
unless size of structure
Interior inspection
2 client beds per
warrants more or any
7/28/10
bedroom or less
21
single bedroom
Sam, annually; by Compliance reports
Repomag Frequency
December 31 and June submitted 12/14109 and Incompliance
1221
1
30 6128/10 1
Alltl
c D I F G H
2
SLEITS Zoning Agreement - Annual Compliance Individual Facilities
-
C,itegory
Specific Requirements Impe'lu", Gomplamis to e
4
Dar, Result
,
Code
Faaliy address: 4711 antl 4711 t2
Client bed as
Seashore, (8 eliard bade at 4711, 2
Interior inspection conslstem with 43 Complaim to CE about
c1Ier11 tads M 1711 12 slap
929/10 reported .smoking 101'22/09
6
W7/10.
This facility OPEN as of 10/1/10
Eival 158 hall in Peninsula care
Facilities outside
and Li
M Lido Island, e8 facilities bcaletl
TMs facility located In
Zane hated
Pamnin
a
i in
M only. Pemmula Zone
in MFR
New ladhties opened after effective
b
Block is area bounded
date cm lantity per block, or
by four streets, not
7
acres., taodenric street
alloys,
Ordinance Effective
Dale: 5/12109
Dispersal Date:
11112!11 118 45th St. or 122 45th St. - 80TH CLOSED
Exceptions not required
Disperal - disperse to ore hic"ry par
to disperse: 112 40 in 307 172 34th St. or 309 112 34th St - BOTH
dock won 30 momfvs of effective
St. and 3960.3980 CLOSED
Exception under ZA-
date of chfnance adopting
Seashore; 122 45th SL
agreement. Four exceptional ixder
no dispersal required 4800 Seashore or 4816 Seashore - 4816
and 504
DA may remain won same dock.
Seashore; 6710 CLOSING SCHEDULED
hone;
Oceanfront and 6111
Ocean From; 4711
Seashore and either
a
4800 Seashore or 4816
NO new facility established outside
Penmsula Zone until dispersal
Dispersal of final
sPe
9
carrial.ted
location in process.
No facility win 1,000`at
— --
Proximity, to schools, large day care
NMUSD elementary
facilities
school or large day In compliance
a
care f ill
No facility adjacent to
Proximity to parks
36th St. tot lot or
In compliance
11
Marine P rk lot lot
Parolees tram CA
Depl. of Corrections or
NBPD performed
equivalent prohibited
Parolees and goverment referrals
parolee checks
gO1'a`"mem referrals 1/28110.4/29/10, In compliance
prohibited. Other 7291101 9/30 /10 anad
parolee /probalionors- 10/21/10
/ per dwelling unit
12
allowed
MBWCaI waste depose,
Disposed of in
accordance with law
Interior i ion
9/2MO °I
Advised preferred
method
Depositing closed containers in trash advised to
13
_
a
dply practices
follow referred procedure.
Other waste disposal
Comply with NBMC
trash enclosure
interior inspection
In compliance
t4
rmsions
92911
Good faith effort to
prevent smoke
affecting neighboring
Complaint received
Complaint slated concerns about smoking at
Secondhand smoke
Properties; direct
Interior inspection
1022109. No smoke or
4711 Seashore. Reported to and addressed by
clients not to liter with
929110
related liner observed
SLBTS. No smoke detected from across street
tobacco products or
at inspection
at 9129 /10 Inspection, but SLBTS informed on
violate smoking
9/30170 of additional mitigation measures
IS
advised. Advised action taken SLBTS.
Oflstreel arks
parking
Comply with NBMC
ragllraillenls for
Interior Inspection
Parking clear , no
I6
ftstreat arki
929/10
complaints received
Required slating
24 -hour hotline for
Incompliance
17
c laints
Hplline- 949 554.1147
Quiet hours, all
Oust hours
residents inside: Stn - No noise complaints
Thurs: 10 PM - 7 AM; received
la
Fn - Set: 11 PM - 7 AM
Roues submitted to
Chem transport roues
City, good faith efforts
No transport route
19
10 adhere ragwo
Complaints received
During customary times,
Deliveres
for deliveries in No delivery complaims
20
residential area received
2 clients Per bedroom
Clients per bedroom
unless size of structure Interior inspection 2I1er bedroom or lass
warrants more for any 9129/10
21
single bedroom
Semi annually; by
Compliance reports
Repomng Frequency
December 31 and June
submitted 12/14109 and
Incompliance
zz
Simi 0.
A18[ C I I I F I C,
Facilities
MSILEITS
Zoning Agreement - Annual Connplian� - hadividuld
Inspection Date Res.1t Complaints to a or Notes
a
Condition Category
Specific Requirements Code Entomemem
Faahty address: 4800 Seashore.
No complains from
Exterior inspection -
A&B (10 client beds between 2
pudic
9/30/10
5
units
Ties facility OPEN as of 10/1110
Except 166 beds In Peninsula Zone
Facilities ou 41da
This facility located in
and Lido Island, all facilibee located
Peninsula Zone located
Permaula Zone
6
m MFR
In MFR only, _
New facilities opened after effective
Block is area bounded
dale - ore faclty per block. or
by lour stakes, net
7
across bandanna straid
s.
Ordinance Effective
Date: 5/12109
Dispersal Date:
116 45th St. or 122 45th St. - BOTH CLOSED
11!12/11
Exception. not required
307 112 34th St. or 309 1/2 34th St - BOTH
Disperal - 6spene to one facility per
to diaper 11240th
CLOSED
dock win 30 months of effective
St. and 3960 -3980
under ZA -
date of ordinance adopt" nr
Seashore; 122 45th St.
no dispersal
no tlispersal required 4800 Seashore or 4816 Seashore - 4816
agreement. Four exception. under
and 9500.4504
CLOSING SCHEDULED
DA may remain wain same block.
Seashore; 6110
Oceanfront and 6111
Either 4800 Seashore or 4816 Seashore
Ocean From 4711
permitted to remain under ZA. 4816
Seashore and either
Seashore is relocating 12110.
4800 Seashore w 4816
B
No new facility established outside
Dispersal of final
9
Pannsula Zone until dispersal
location in process.
No facility w11n 7,000' of
Proximtty to schools, large day care
NMUSD elementary in comdntnce
facilities
school or large day
p
hirdibi
__QM
No facility adjacem to
Proximity to parks
36th St. tot lot or
In compliance
]1
Marine Park lot 9t
Parolees from CA
Dept. of Corrections or
NBPD performed
equivalent prohibited.
parolee checks
Parolees and governmem retru als
government re ferrals
prohibited. Other
1128/70, 4/29/10.
In compliance
paroles /prabaliounit
7/2WlO,9/30/10and
1 per dwellirg unit
1021110
allowed
:z
Disposed of in
Medical waste disposal
accordance with law
13
and beat
Comply with NBMC
Trash cans rat property located andlor covered;
Other waste disposal
trash enclosure Exterior inspection Now in compliance
SLOTS advised &31100, corrective action taken
14
n. 1 9130110
1015110.
Good faith effort 'a
prevent smoke
affecting neighboring
No smalke or related
Sirconchand smoke
properties: direct Exterior in.pecbon-
litter observed during
diems not to litter with 9130110
inspection
tobacco Products or
violate smoking
15
Comply with NBMC Exterior inspection -
Oftstreet parking
requirements l0 9130110 No Complains received'
16
affstreet parking
17
Required staffing
24 -hour hotline for
lair"
Incompliance
Hotline • 949 554 -1147
Quiet hours, all
residents inside: Sun -
No noise complaints
Octet hours
Thurs: 10 PM - 7 AM:
received
1s
Fri - Sat: 11 PM -7AM'
Routes submitted to No transport route
Client transpot roues
City, good faith efforts complains received
19
to adhere required
During customary times No delivery complaints
Deliveries
for deliveries in received
10
residential area
_
2 clients pat bedroom
unless size of structure
Clients per bedroom
warrants more for any
21
single bedroom
Sere annually; by Compliance reports
Reporting Frequency
December 31 and June submitted 12/14109 and
In compliance
22
1-181 C
I D I E E 1 G 1 H
2
atestal
SLBTS
Zoning Agreement
4
TA&B
Facility socials 4816 Seashore,
Imanor:nspectrin
(4 client beds in A. 6 clieod
4/27110: Exterior Client bad •9 consistent No complaints from This facility OPEN not 1011110, scheduled to
5
bads in B)
inspection 9130/10 with •s reported public CLCSE by 12/30/10
Except 156 Oscan Peninsula Zone and
Facilities Ourside
This In
Lido Island. ah fa<dnies located In MFR
Peninsula Zone boated
Peninsula a Zoletl
Pen »suk Zone
6
in MFR onl .
New lacilnies opeeed after affective
Block is a," bounded by
dele one tadmty I' block or across
four streets, np, alleys.
Dispersal in process
7
Ibrdann f
Ordinance, Effective Oale
5/12109
Dispersal Dalai 1111
ExCepticn5 not acoustic 118 45M St. or 122 45th Sl. - BOTH CLOSED
Dlsca 1. cheenei to one laculry, par
todisperse. 11240th St.
dock vice months eBe oats k
one 39603980 307 12 34th St. or 309'12 34N S! -BOTH
erdarwlca st30 ooling agreement Four
Seashore; 122 45th 51. Dis erssl required CLCSED
p q
Bseeplions unoer DA reverent win
order O e er
and 4500.4504
aerrls block
Seashore; 6110 4800 Seashore or 41116 Seashore - 4816 CLOSING
Oceanfront and 6111 SCHEDULED 12/10
Ocean Front. 471'
Seashore and either
4800 Seashore or 4816
a
Seashore
No new facility established outsltl•
Peninsula Zone until oispersal
Dis0ersslkfinal bCelgn
This facility is final location requiring dispersal;
s
in Process'
closing an 12/30!10.
Nof wen of
Proximity 10 SMOOIS, large day care
USD enter
NMUBD elementary
facilities
school w large day care
In Compliance
A
facility
No lacility, tolacent to
Protm:ry to parks
36th St tot lot or Marina
In compliance
Park tot lot
Parolees from CA Dept.
of Corrections or NSPO pedormaD parolee
BPO parole
Packets and government referrals
equivalent prohibited.
12or10,
government referrals In compares
prohbted. Other 712 10,913VIDand
paralea/probationer5 - 1 10121/10
121
1
per dvrelLng unit allowed
O, posed of in
Medical vldsle 05posal
accordance with law and
13
bast reclious
Other waste dneosel
Comply with NEW trash
Interior Inspection
In Compliance
14
enclosure provisions
427110
Gaol faith effort to
Prevent smoke affecting
neighboring properties; Interior Inspection No conpyintsreceived,
Secondhand smoke
direct clients nor to liner 4127/10 no wroke or related pryer
Nth tobacco products or observed
violate smoking
ss
Comply with NBMC
OHStreet peck :n9
requiremparkanroHSlreet
interior lMpecben Parkin clear, no
16
Arkin
427/10 COmplanne received
Required starting
244hour hotline for
In compliancB
17
complaint
lio0:ne- 949 554•nd]
Quiet hour, all reSitlBMB
Quiet noun
Inside: Sun - Thug: 10
No noise con'Qlaarta
PM • 7 AM;
lateved
]B
ri- Sat : 1PM -7AM
Routes submitted in City,
Client transport routes
good faith efforts to No transport route
19
adhwer ui conp:amts re med
During Customary times
Deliveries
for dklvenes In
No De livery comp1; i
20
residential area
received
2 clients per bedroom
cl ents per bedroom
unless sue of structure Interior inspection 2 per bedroom or lass t skenl in each unit al ins tlan
warram4 more for any 4127/10 pec
21
0
Semi Annualy; by Compliance reports
Recoiling Frequency
DecemCer31 and June submitted 12114/09 end In:brepliance
22
A
a C D I F F I G e
2
Milli
4
s
Facility address: 6110 W. Ocean
Intenor mspedion Gient bad es 1No complaints from
Front (6 client beds)
9/30110; Exterior consistent with h public
5
Except 156 beds in PerrrSWa Zone
n%dedgflq13Q/1Q reported This facili OPEN as of 10 11 /10
Facilities Outside
and Lido island, an facilities located
This facility located in
Peninsula Zone located
s
n MFR Peninsula Zone
New facilities opened after effective
Block is area bounded
date - one facility per bMtlr, or
by four streets, nol
r
el
Ordinance Effective
Dale : 5/12109
Dispersal Dale:
11/12/11
118 45th S!. or 122 45th St. - BOTH CLOSED
Exceptions not required
Des rat -
pe disastrous 10 one facility per
to disperse: 112 40 th
307 12 34th St. or 309 1:2 341h St - BOTH
block wdn 30 months of effective
St. and 3960 -3980
CLOSED
date of ordinance adopting
Exception under ZA -
Same"; 122 45th St.
agreement. Four exceptions under
no dispersal required
and 4500
DA may remain w/in same block.
Seashore. 6110
CLOSING SCHEDULED
Oceanfront and 6111
Ocean Front; 4711
Seashore and either
a
4800 Seashore or 4816
No new facility estadisnad oMStle
Peninsula Zone call dispersal
Dispersal of final
g
location in process.
No facility wan 1,000 all
Proximity to schools, large day care
IJMUSD elementary
facilities
school or large day In compliance
0
—"MAgoijbi
NO facility adjacent to
Proximity to parks
361h Sl. td Id or
In compliance
11
Mai Park Id
Parolees from CA
Deal. Of Corrections or
equivalent prdnbiled,
NBPD performed
Parolees and govamment referrals
govemment referrals
parolee checks
1/28110, 4/29/10.
In compliance
proMpted. Other
parolee /probationers -
7129110, 9130!10 and
l per dwelling unit
10121110
2
allowed
Medical waste disposal
Disposed of in Intenorinspection
accordance with law
In complaints
9/30110
rd b 1 r ices Method re nail roved
Other waste disposal
Comply with NBMC
trash enclosure ldeno7
In compliance
t4
/nspedion
rovlsions
Good faith effort io
prevent smoke
affecting neighboring
Secohcherd smoke
pmperties; direct
Interior Inspection
No complants
received, no smoke or
diems not to litter with
9/30/10
related Inver observed
tobacco products or
violate smoking
15
Offarest parking
Comply with NBMC Intenor ins
requirements for 1'1e0aon Peril dear, iv
16
offstre arkin 9/30110 tdnplaints received
17
Required Math
24 -hour hotline for
In compliance
cam aims
Hollins- (9491564-1147
Quiet hours, all
Quiet hours
residents inside: Sun- No noise complaints
Thurs: 10 PM - 7 AM; rived
is
Fri - Sat: 11 PM - 7 AM
Routes submitted to
Client transport rouges
City good faith efforts
No transport mute
19
t e, required
COmpfalmS received
During customary times
Delwenes
for deliveries in No delivery complaints
lO
residential area received
2 clients per bedroom
Clients per bedroom
unless size of structwe
Imen�ftp�on
2 bedroom or lees
warrants more for any
per
21
single bedroom
Berni annually; by Compliance reports
Reporting Frequency
December 31 and June submitted 12/14109 and
In compliance
22
1
Will
c n F q m
MEN
SLBTS Zoning Agreement - Annual Compliance
1m] Mcltfifl Facilities
-
4
S
Facility address 6111 Seashore (6
Intenor mspeclron Ceen1 bad 45 No complaints from
imbeds)
4/27 /10; Exterior consistent with es public
s
E1pp1156 beds in Peninsula Zone
ion 1 reported This facility OPEN as of 1011/10
Facilities outside
end Lido Isiand. all facilities located
This Facility located in
Peninsula Zone located
a
in MFR only. PoninsWB Zone
New facilities opened after effective
Block is area bounded
date - on facility per block, or
by tour streets, not
7
aunss bordenno street
allever.
Ordinance Effective
Dale: 5112109
Dispersal Date:
11/12/11
Exceptions not required 118 45th St. or 122 45th St. - BOTH CLOSED
is �e'al disperse to one facility per
to disperse: 11240 th
�
�, ,.M w in 30 moots of effective
St, and 3960 -3980 307 112 341h St. or 309112 341h St - BOTH
Exception uMer ZA -
:iata ,I ordnance adopting
Seashore; 122 45th St. CLOSED
i r.emenl. Four exceptions under
no dispersal required
antl 4500-4504
DA may remain Win carne block.
Seashore; 6110 4800 Seashore or 4676 Seashore -4816
Oceanfront and 6111 CLOSING SCHEDULED
Ocean Front: 4711
Seashore and either
4800 Seashore or 4816
a
_
No new facility established oWStde
Peninsula orce until tlisparsal
Dispersal of final
q
l
ocalionin Process.
No facility wAn 1,000' of
Proximity to schools. large day care
NMUSD elementary
facilities
school or large day
Incompliance
10
cam facility
No facility adjacent to
Pranmity to parks
36th St. lot lot or
In compliance
11
Marina Park lot lot
Parolees from CA
Dept. of Corrections or
equivalent prohibited
NBPO pedonnetl
Parolees and govenvnens referrals
government referrals
Pel'oee is
1x28/10, 4/29/10, In compliance
prohibited. Other
7/29/10, 9/30/10 end
pamleelprobalionen;
1 per dwelling unit
10/21/10
12
allowed
Disposed of m
Medical waste disposal
accordance with law
13
and ra s
Comply with NBMC
Other waste disposal
trash enclosure
Interim on
In compliance
14
novi
4/17110
Good faith effort to
prevent smoke
affecting neighboring
No complaints
Secondhand smoke
properties; direct Interior inspection
received, no smoke or
clients not to lifter with 4/27110
related litter observed
tobacco products or
violate smoking
15
Offstreet paring
Comply with NBMC
requirements for
Interior inspection
Parking dear, no
1s
oftstr t arki
4/27/10
complaints received
Required staffing
24 -hour holine Tor
Incompliance
17
complaints
Hodlne- 949 554.1147
Quiet hours, all
Quiet lours
residents inside: Sun - No raise complains
Thurs: 10 PM - 7 AM; received
1e
Fn -Sal: 11 PM . 7 AM
Routes submill" to
Client transport males
City, good }aim efforts s
No transport roNe
19
8 ( r ,,ad
complaints received
During customary times
for deliveries in No delivery complaints
20
residenlial area received
2 clients per bedroom
Clients per bedroom
unless size of structure Interior Inspection
2 per bedroom or less
warrants more for any 4127/10
21
single bedroom
Semi annually; by
Compliance reports
pawning Frequency
December 31 and June
submitted 12114/09 and
In compliance
22
Mal
C 0 i E F G I H
t
4
Facillty, address. 4138 Patrice In
inferior inspection hent bed a3 No complaints from
client beds)
9130110; Extenor 'WMisYert with as public
s
i lon9 /10 report This facility OPEN as of 1011/10
156 beds in Peninsula Zone
Facilities ouside This facility located
IExcept
arid Lido Island. all facilities located
Peninsula Zone located outside Peninsula Facility outside Peninsula Zone
s
1
la MFR
In MFH orl . Zone in MFR
New facilities opened after effective
Block is area bounded
This is the only new facifity opened by
date - ore fadlity per dock. or
by four streets, not
Sole facility on block SLBTS sin" effective date of ZA
across bordering street
alloys.
ordinance. Opening in conjunction
n 1
7
with final dispersal.
Ordinance Effective
Date: 5/12/09
Dispersal Date: l
11.12111 118 45th St. or 122 45th St. - BOTH CLOSED
Ezceptions not required
Disperel - asperse to ore facilrty per
to disperse: 11240th 307 112 34th St. or 309 1/2 34th St - BOTH
dock win 30 months of effective
St. and 3960 -3980 CLOSED
date of ordinance adopting
Final tlispersai on or
Seashore; 122 45th St.
agreement. Four exceptions under
before 12!30110
and 4500.4504 4600 Seashore or 4816 Seashore - 4816
DA may remain win same block.
Seashore: 6110 .CLOSING SCHEDULED
Oceanfront and 6111
Ocean From; 4711
Seashore and either
a
4800 Seashore or 4816
No new facility esrebhsned outside
Peninsula Zone until dispersal
Dispersal of final
9
location in process.
No facility wAn 1,000' of
Proximity 10 SCND01S. large day care
NMUSD elementary
school or large day
In compliance
to
No facility adjacent to
Proximity to parks
tot lot or
In rnmpliance
u
na Park tot lot
Marna a
Parolees from CA
Dept. of Corrections or
NBPD performed
equivalent prohibited,
Parolees and goverment referrals
government referrals
parolee checks
129110, 4/29110,
In comptlana
prohibited. Other
Parolee/probstiorlers -
729110. WW10 and
1 per dwelling unit
10/21HD
12
allowed
Medical waste disposal
Disposed of in Interior inspection Not using preferred
eaordance with law 9.W10 Advised to follow preferred procedure 9/30110.
13
disposal method
and best re SLBTS implemented correction.
Other waste disposal
Comply with NBMC
trash enclosure
Intenori inspection Incompliance
14
r ions
9/30/10
Good faith effort to
prevent smoke
affecting neighboring
No complaints
Secondhand smoke
properties; direct
Interior inspection
received, no smoke or
clients not to lifter with
9/30110
related liner observed
tobacco products or
violate smoking
5
Offstrest parking
Comply with NBMC
requiranhama for
ll
Imeriorine on Parking clear, rx1
l4
offstreet rid
g/ i complaints received
Required staffing
24 -four hotline for
In comWanci
12
complairas
Hotline- 949 654 -1147
Duel hours, ail
Quiet hours
residents inside: Sun - No noise complaints
Thus: 10 PM - 7 AM; received
2
Fri - Sab 11 PM - 7 AM
Routes submitted to
Client transport roues
City, good faith efforts
NOW q ' roue
191
toad r re utrB
onlp11mi3 rsi, 11:d
During customary times
J07rrocarved
Deliveries
for deliveries in
ery complaints
zU
residential area
2 clients per bedroom
Chants per bedroom
unless size of structure
Imenor inspection 2
bedroom or lase
warrants more for arty
9130110 per
n
single bedroom
Semi annually; by Compliance repots
Reporting Frequency
December 31 and June submitted 12/14/09arld
Incompliance
i2
912
Page 13 ar 17
A
B
C
D E
F
SL13TS Zoning
Agreenteent - Annual
Compliance - Individual Facilities
4
Date
g
Code Enforcement
Facility address- 5101 Rivet Unit A
Facility dosed
No complaints from public
5
Facilities outside Peninsula Zone
wNIe SLBTS operating
This facility located in
This lactRy CLOSED as of S/1110
Except 156 beds In Paramus Zone
and Lxlo Island- all families located
located in MFR only.
Peninsula Zone
I'
in UFA
Block is area bounded Wow
New facilities opened after effecBve
date - one laci ay per dock. or across
streets, not alleys.
Sole facility on block
bordering 9lreei
7
Ordinance Effective Date:
5/12/09
Dispersal Date: 11112111
118 45th St. or 122 45th St. - BOTH CLOSED
Disperal - diaperse o one facility per
Exceptions not repl6rod to
dock Win 30 months of effectual,
disperse: 112 40 in SL and 3960
Sole facility on block -
307 12 34th St. or 309 12 34th $I - BOTH
date of ordinarra adoging
3980 Seashore: 122 45th SL and
no dispersal required
CLOSED
agreement . Four excepdors wider
4500 -4504 Seashore; 6110
DA may remain Win same dock.
Oceanfront and 6111 Ocean
4800 Seashore of 4816 Seashore - 4816
From; 4711 Seashore and either
CLOSING SCHEDULED
4800 Seashore or 4816
g
Seashore
No new iacihly, estadrthetl outside
Dispersal of final
9
Perini Zone was depemal
location in process.
Proximity to school$. large day care
No facility wFn 1,000' 01 NMUSD
elementary school or large day
Incompliance
]p
faciMas
cam fag: sy
Proximity to parks
No facility adjacent to 36th St, tot
In compliance
11
lot or Marina Park lot lo
Parolees from CA Dept. of
Corrections or equivalent
NBPD performed
Parolees and govemmenl retinas
prodbhed, government referrals
parolee checks 12 810,
In compliance
prohibited. Other
4129110 and 7129110
parolee/probaboners. 1 per
1
Medical waste disposal
Disposed of in accordance with
n
law and giffil griactices
Other waste disposal
Comply with NBMC bash
In complance
lOS r mentions
Good truth effort to prevent
smoke affecting neighboring
No complaints
Secondhand smoke
Propertes: direct clients hot to
received, no smoke or
[14
litter wnh tobacco products or
related liner observed
Onstreet parking
Comply wtth NBMC requirements
No complaints received
for offstreel parking
captured sterling
244iour hotlirre for coin laims
Inc lance
Hollins- 949 554.1147
Quiet hours. all residents Inside:
No mdse camglakds
Cost roars
Sun - Thuds: 10 PM - 7 AM:
raceived
18
Fri - Sat: 11 PM - 7 AM
Robles submitted to City, good
No transport route
19
Client transport routes
faith efforts to advere mounted
conscialrds feberved
Deltvenes
Owl customary times for
No delivery complaints
2D
deliveries In residential area
received
2 clients per bedroom unless
Clients per bedroom
size of structure warrants mom
21
Semi annually; by December 31
Compliance reports
Reforming Frequency
and June 30
submined 12/14!09 and
In conplunica
2z
Page 13 ar 17
3
C p G N
2
SLBTS Zoning Agreement
- Annual Compliance - Individual Facilities
4
Date N13 PD Core
Fwdr address'. 100 -102 Via
N
CE: illegal unit
Interior
MtlDes. 208 Via Lido SOUtl
Chem bed as consistent observed. 7P /10; unit
4(17/10
with OS reported removed, covenant This Notify C LOSED as of 7131/10
entered - modified.
beds 11Pennsuloated
Facilities putsde
and Li Isl
and Lido IbIaM all facilities located
Peninsula Zone located
This facility[matedn
fi
In, MIFF
in MFFI orgy
Peninsula Zone
New their" opened after effective
Block is area bour:ded
date one facility per block. or across
by four streets, not
Sole facility on block
Ordnance Effective
Date: Sill
Dispersal Date:
y11
Exceptions not required 116 05M St. or 12145th St. -BOTH CLOSED
DNperd- OW— bpie facility per
to tlispeme: 112 a0n
gook *1130 a effective
ive
St. and 3960 -3980 307 34th St. or 309 1Y1 341h Bt •BOTH
nance, ad
aalemment rice BdoPr9
SE
Seashore; 12245th St. CLOSED
agreemlam. Fop excegbro Under
no
no tlispamal regWred
DA may eman w7n same block.
and 4500.4504
Seashore: 6110 4800 Seashore or 4816 Seashore .4816
Ocisamrom and 6111 CLOSING SCHEDULED
Ocean From; 4711
Seashore and all
a
4600 Seashore o(4816
No new facility established outside
PernrSWa Zone urNl dlspemal
Dispersal of final
q
omi,li
location in process.
No lacilily, wmn 1,000' of
Proximity to schodft, . large day ram
NMUSD elementary
Inclines
school or large day
In compliance
10
No facility adjacent to
Proximity to parks
361h SL ml lot or Manna.
In compliance
.L1
OrK 191
Paro ees from CA Dept.
of Corrections or
equivalent prohibited .
NBPD pedomnetl
Parolees and government referrals
govemmera referrals
Pam go 1128110,
Incompliance
prohibited. Other
4128110 and 7129110
parolee /probalionars - 1
per dwelling unit
1]
allowed
Disposed of in
Medical waste disposal
accordance with law
3
at plar,fices
Other waste disposal
Comply with NSMC
trashencloewe
Interiors on
In cocompliance, rx
4
4/271
Good lelth effort to
prevent smoke allnfing
CE: Smoking complaint,
Secondhand smoke
neighboring properties:
nterior inspection
direct not to Inver
rwsaxe behavior
In compliance at reported 9/8/10: SLBTS
4127110
mac;
with lobaccn products
inspection
agreed to address
or violate smoking
9/15/10.
l5
OrOhibdions
Temporarily housing male clams, SLBTS
addressed and later Ir9nsfened clients.
Olfstreet pan,ng
Comply with N8MC
regWEemlmis for
r�xction Property owner and
Intemorl SLBTS using 3
sg spaces 'P�HOWW-(94�S)5W147 er B SLBTS advised:
tfi
24 -hour hotine for
4/27110 garages
f avaible for ad(In .
nCorn pl
RepWmtl slaking
1]
com ain
OWet noun, all
Quiet mum
residents inside: Son -
No noise complaints
Thum, 10 PM - 7 AM:
received
la
Fr - 5a1: 11 PM - 7 AM
Routes submitted to
Client transport routes
City, good faith efforts
No transport mute
;9
h r r
complaints received
During customary times
Deliverers
for deliveries in
No delivery complains
zp
r
received
2 diems per bedroom
Clients par bedroom
unless size of structure Interior inspection
2Per bedroom Ol 1956
Af
warrants ore for any 4/27/1Q
]]
single bedroom
Semi annually: by
Compliance reports
Reporting Fregtency
December 31 and June
submitted 12ry4/O9 and
In Compliance
22
lAsl
G
2
SILBTS Zoning Agreement - Annual Compliance Individual
- Facilities
4
conclitiord Category
Specific Requirements Inspectim Date Result Complaints to NBPD or NO"
Code Enforcement
Fact address: 116 45th SL
Facility osed No complants from
ry public
6
Ended 158 beds Peninsula Zone
TNSfecili CLOSED es of February, 2010.
Fnsul its outside
all
and Udo Island. a l fadl4 es located
Thus facility located in
peninsula Zone located
6
in FR
in MFR only. Peninsul Zone
New fatalities opened after effective
Block is area bounded
date - one tlwlfty par dock, or
by four streets. not
Facility closed
across
Ile .
Ordinance Effective
Date: 5112/09
-
Dispersal Date:
11/12/71
Exceptions not required 118 45th St. a 122 45th SI. - BOTH CLOSED
Disperal - disperse to one taaety per
to disperse: 112 40 th
block w rn 30 months of effectWe
St. and 3960 -3980 3071/2 34th St. or 309 112 34th St - BOTH
date of ordinance adopting
Seashore; 12245th St. Facility closed CLOSED
agreement. Four exceptions under
and 4500.4504
DA may remain wain same block.
Seashore; 6110 4800 Seashore or 4816 Seashore - 4816
Oceanfront and 6111 CLOSING SCHEDULED
Ocean Front: 4711
Seashore and either
a
4800 Seashore or 4816
No new facility established outside
Peninsula Zone until dispersal
Dispersal of final
y
comortarl
location in process.
No facility w!n 1,000' of
'
P to schools. large day care
NMUSD elementary
facilities
In compliance
school or large day
0
111. f ill
No facility adjacent to
Proximity to parks
36th St. lot lot or
In compliance
11
Manna Park lot lot
Parolees from CA
Dept. of Corrections or
equivalent prohibited,
NBPD performed
Parolees and government referrals
government referrals
parolee checks
In fiance
comp
prohibited. Other
1126110, 4129110 and
paroiee/probationers-
7/29110
1 per dwelling unit
1
allowed
Disposed of in
Medical waste disposal
accordance with law
ns
and best practices
Comply with NBMC
Other waste disposal
trash enclosure
In compliance
4
Wavisions
Good faith effort to
prevent smoke
affecting neighboring
Secondhand yes
propedles; drad No complaints received
clients not to liner with
tobacco product or
A.Z. smoking
u
Comply with NBMC
Offsireel parking
requirements for No complaints received,
16
offistrest parking
Required slats
24 -how honine for
Incompliance
n7
complaints
Motors- 949 554.1147
OWet hours, all
Diet hours
residents inside: S.-
No raise complaints
Thum: 10 PM - 7 AM;
received
1a
N- Sal: 11 PM - 7 AM
Roules submitted to
Gient iranepon routes
City, good faith efforts No transportation route
29
to here uir complaints received
During customary times
Deliveries
ford eliveries in
No delivery complaints
20
residential area I
received
2 diems per bedroom
Clients per bedroom
unless size of siructwis
warrants more for any
21
single bedroom
Semi annually; by Compliance reports
Repomng Frequency
December 31 and June suborned 12/14/09 and
In compliance
22
1 .
AIIII
C
0 F G
2
9
I
Condition Category
Specific Recturfarvents Inspection Date
lo INDPID or
ResiAl N,,1,s
No complaints at Ihis
Facility address 116 34th St. A&B
Facility closed
address while operated
s
RJ RTS This fadli CLOSED as of Feb 2010.
Emepl 156 beds Zone
Perxties
Facilities les outside
all l
and Lido Island, alt tactltties located
Peninsula Zone to
Zone located
This facility located in
6
R
in FR only,
M
Perinaula Zone
New facilities opened after effective
Block is area bounded
date - one tadgty per block or
by four slreels, not Facility dosed
KM bordist sum
alleys
Ordinance Effective
Date: 5112/09
Dispersal Date:
11112!11
Exceptions not required 118 45th St. or 122 45th SI. .130TH CLOSED
Disperal - disperse to" facility per
to disperse: 112 40 th
block win 30 months of effective
St. and 3960. 3980 307 112 34th 51. or 309 1 /2 34th St - BOTH
date of ordinance adopting
Seashore; 122 45th St. CLOSED
agreement. Four excepliore under
and 4500 -4504
DA may remain wain same dock
Seashore; 6110 4800 Seashore or 4816 Seashore - 4816
Oceanfront and 6111 CLOSING SCHEDULED
Ocean Front; 4711
Seashore and either
4800 Seashore or 4816
a
No new tactility established outside
Peninsula Zone until depelssal
Dispersal of line!
9
ed.
location in process.
No facility wNn 1.000' of
Provmity to schools. large day care
NMUSD elementary
facilities
Incompliance
school or large day
0
r facility
No facility adjacent to
Proximity to parks
36th St. lot lot or
In compliance
u
Marina Park lot lot
Parolees from CA
Dept of Corrections or
equivalent prohibited. NBPD performed
Parolees and govemmem referrals
goverment referrals Pardee checks In Compliance
prohibited. Other 1121/10, 4129110 and
parotee/probationers - 729110
1 per dwelling umt
12
allowed
Disposed of in
Medical waste disposal
accordance with law
13
and best pra ices
Comply with NBMC
Other waste disposal
trash enclosure
No Complainsreceived
4
provisions
Good faith effort to
prevent smoke
affecting neighboring
Secondhand smoke
properties; direct
No complaints received
clients hot to litter with
tobacco products or
violate smoking
1s
Comply with NBMC
Offstreet parking
requirements for No complaints received
16
ff Ir oar k
Required staffing
24fiour hodina for
In compliance
p
17
com aims
Hotline - 19491 554 -1147
C ulet hours, all
Quiet hours
residenlsmsid9: Sun-
No noise tdnplaints
Thu r;: 10 PM - 7 AM;
received
la
Fri •Sat: 11 PM .7 AM
Routes suftmifted to
Client transport mules
No transport routes
City, good faith efforts
19
complaints received
to adhere required
During customary times
Detwenes
No delivery complaints
for tlslwerias in
20
received
residential area
2 clients per bedroom
Clients pen bedroom
unless size of structure
warrants more for any
21
single bedroom
Semi annually: by Compliance reports
Reporting Frequency
December 31 and June submitted 12/14109 and In compliance
22
30 1
A[ B
0 1 E
I F G H
2
SLBTS Zo ning Agreement - Annual
Compliance - Individual Facilities
••
4
No complaints from
Facility address: 12245th SL. A&B
Facility closed
public
5
This fell{ CLOSED as of 4130/10
Except 156 beds in Peninsula Zons
Fedlides outside
and Lido Island. all facilities located
Peninsula Zone located
This facility located in
s
in MFR only,
Peninsula Zone
Now facilities, opened after effective
Block is area bounded
date- one lacility per block, or
by four stmals, not
Facility dosed
7
n
alle s.
Ordinance Effective
Date: 5(12J09
Dispersal Date:
118 45th St. or 122 45th St. - BOTH CLOSED
11112111
Exceptions nol required
307 1!2 34th St. or 309 112 34N St -BOTH
DispBral - disperse to one facility per
to disperse: 112 40 th
CLOSED
dock wnn 30 mi of e8schim
St. and 3960 -3980
date of ordinance adopting
Seashore; 122 451h St.
Facility closed 4800 Seashore or 4816 Seashore - 4816
agreement. Four exceptions antler
and 45004504
CLOSING SCHEDULED
DA may remain Win same block.
Seashore; 6110
Oceanfront and 6111
This facility her close although not
d
Ocean Front; 4711
required to close under ZA.
Seashore and either
4800 Seashore or 4816
s
No new facility established outside
Peninsula Zone nail dispersal
Dispersal of final
y
I
location in process.
No facility wAn 1,000' of
Pmnmity to sdwols, large day care
NMUSD elementary
facilities
school or large day
Incompliance
10
care facility
No facility adjacent to
Prodn ly to perks
36th St. lot lot or
In complianca
11
Manna Perk W1 lot
Parolees from CA
Dept. of Corrections or
equivalent prohibited. NBPD performed
Parolees and government referrals
government referrals parolee checks Inc Hance
compliance
prohibited. Other 1128/10, 4129/10 and
parolee/probationers- 7129!10
1 per dwelling unit
11
allowed
Disposed of in
Medical waste disposal
accordance with law
13
and h..f racti
Comply with NBMC
Other waste disposal
trash enclosure
In compliance
I4
revisions
Good faith effort to
prevent smoke
affecting neighboring
Secondhand smoke
properties; direct
No complaints received
dients not to litter with
tobacco products or
violate smoking
15
Comply with NBMC
Oflstmet parking
requirements for
No complaints received
16
offstram pgrking
Required staffing
24 -hour hotline for
In compliance
17
coca lambs
Hotline - 949 554.1147
Quiet hours, all
Quiet hours
residents inside, Sun-
No raise complaints
Thurs: 10 PM - 7 AM;
received
1a
Fri Sat: 11 PM - 7 AM
Routes submitted to
.: t transport routes
City, good faith efforts
No transportation route
19
_ _
to adhere re ired
complaints received
During customary times
eevcnes
for deliveries in
No delivery complaints
zo
midenlial area
received
2 clients per bedroom
.:Hems per bedroom
unless size of structure
warrants more for arty
It
single bedroom
Semi annually, by
Compliance reporls
Heponlrg Frequency
December 3l and Jule
submitted 12/14/09 and Incompliance
xi
Attachment No. CC 8
Map of SLBTS Facilities — Open and
Closed as of October 2010
A
TTY
�\ \ NEWPORT
SHORES
L rr-
I
C
'4t4,�
1
r
Sober Living By the Sea
Facilities
�y
COAS,
NEWPORT
PIER
J J I
it
7 [Jc
D/
f$n
l
\U v
LIDO
PENINSULA
X61\
J
` w
l
LINDA
ISLE
LIDO
ISLE
u Q� BAY
ISLAND
HARBOR
ISLAND
J OPEN
•
CLOSED
1.
505 29th St.
1.
116
34th St. A, and B
2.
112 40th St B only
2.
307 112 34th St.
3.
5004 Neptune Ave, A and B
3.
309 112 34th St.
4.
6110 Ocean Front W.
4.
125
and 125 112 39 St.
5.
4138 Patrice Rd
5.
112
40th St A Only
6.
5101 River Ave, B only
6.
131
43rd St. A and B
7.
3960 — 3980 Seashore Dr
7.
133
45th St. A and B
8.
4500 — 4504 Seashore Dr
8.
118
45th St. A and B
9.
4711 and 4711 112 Seashore Dr
9.
122
45th St. A and B
10.
4800 Seashore Dr A and B
10.
5101
River Ave A Only
11.
4816 Seashore Dr A and B
11.
100
Via Antibes
12.
6111 Seashore Dr
12.
102
Via Antibes
13.
208
Via Lido Soud
Name: SLBTS October 2010
�y
COAS,
NEWPORT
PIER
J J I
it
7 [Jc
D/
f$n
l
\U v
LIDO
PENINSULA
X61\
J
` w
l
LINDA
ISLE
LIDO
ISLE
u Q� BAY
ISLAND
HARBOR
ISLAND
Attachment No. CC 9
SLBTS Correspondence Re: Vacant Lot
(parking lot site)
115
Janet Brown
Associate Planner
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
rm
Dear Ms. Brown:
C. EDWARD DILKES
ATTORNEY AT LAW
2443 PARK OAK DRIVE ""
HOLLYWOOD, CALIFORNIA 90068
TELEPHONE (323) 466 -1147
November 2, 2010
Parking Lot at Villa & Lafayette
TELECOPIER: (323) 466 -8360
EMAIL: EDILKES @}}E�yyARTHL�yIIINK.NET
1•�l?•�i61VA-0 Dy
PLANNING DEPARTMENT
NOV 3 2010
CITY OF NEWPORT BEACH
Enclosed are all of the materials involved in the communication between
Sober Living By the Sea, Inc. ( "SLBTS ") and the owners of the property at
the point where Villa Way intersects Lafayette. As you know, this parcel
was leased for parking, although its status at the California Regional Water
Quality Control Board has never permitted its full use for that purpose.
The only items I have witiilield were several letters to and from attorneys
for SLBTS. These are obviously privileged. I also redacted most phone
numbers and a few lines that were either completely irrelevant to the
subject matter or otherwise privileged.
If there is any further assistance I can provide, please feel free to contact
me.
Very trul yours,
C. Edward Dilkes
CED /ss
Cc: Catherine M. Wolcott, Dep. City Attorney (w /out encl.)
Pamela Burke, General Counsel, SLBTS (w /out enel.)
John Peloquin, Vice President (w /out encl.)
Kathy Sylvia, SLBTS
SLBTS Parking Lot
10/08/07
Email correspondence from Buzz Person to
Ron Ballard asking Mr. Ballard to provide
Mr. Harp with the status of the parking lot.
10/10/07
Email from Ballard to Person regarding
permit process. Ballard states that he
doubts the site remediation will be
completed in 6 months.
10/15/07
Email from Dennis O'Neil to Ballard
regarding need for SLBTS to complete the
parking lot improvements. O'Neil tells
Ballard the SLBTS entered into settlement
agreement with NB and this agreement is
in serious jeopardy if SLBTS cannot start
and complete construction. O'Neil states
that LL told them over a year ago that LL
was seeking approvals for remediation but
nothing done.
10/18/07
Email from Brian Burke asking Ballard to
respond to calls placed to Ballard by
O'Neil.
10/24/07
Email from Ballard to Burke, Person and
O'Neil stating they are working on next
steps for characterizing soil. States that
everything should be completed within 6
months.
8/22/08
Email between John Peloquin and Brian
Burke where John states he has called
Ballard numerous times, he is in the office
but never returns calls.
8/26/08
Ballard calls John Peloquin but does not
reach him.
9/23/08
Email from Ballard to Burke regarding new
soil standards. States he will be in
communication with contractor.
10/15/08
Email from Ballard to Shawn Gallagher
inquiring on status of time line for SLBTS
parking lot, how long construction will
take.
10/16/08
Email from Ballard to John Peloquin
stating that they are working on the work
plan for submission to Water Board.
Stated that they are seeking contractor
estimates for the soil work that would need
to be done in advance and timeline from
our contractor to be in a position to
complete by ear end.
10/16/08
Email from Burke to John Peloquin.
111
SLBTS Parkin g Lot
Gallagher is SLBTS contractor. Ballard
inquiring on timeline for construction once
they complete soil removal.
10/16/08
Email from Buda to Ballard with timeline
from Shawn Gallagher.
10/17/08
Email from John Peloquin to Ballard
seeking status of their submission of the
work plan to Water Board and if they
pulled permits to remove contaminated
soil.
10/28/08
Email from Burke to Ballard inquiring
about status.
10/28/08
Email from Ballard to Burke stating that
progress is continuing. Work plan is being
drafted. Targeting for submission to Water
Board next week. States that financing is
an issue.
11/11/08
Email from Ballard to Burke stating lease
term through Oct. 31, 2010. Ballard
indicates that rents appear insufficient to
cover soil remediation work.
11/13/08
Email from Burke to Ballard on work plan
status.
11/19/08
Email from Ballard to Burke stating work
plan in progress and consultant determined
additional information necessary.
12/14/08
Email between John Peloquin and Bill
Swiney. [Privileged]
12/30/08
Inquiry from Dave Kiff regarding status.
1/7/09
Email from Burke to Ballard asking for
update.
1/12/09
Email from Ballard to Burke stating he is
working on "getting client approval for
status update".
1/13/09
Email from Ballard to Burke stating that
the Remedial Action Plan ( "RAP ") is
undergoing peer and professional review
before submission.
1/14/09
Email from Ballard to Burke asking for
specific details on timeline for approvals.
1/26/09
Email from Ballard to Burke stating RAP
was in for peer review and released to legal
and substantive review. Determined that
further data needed to be collected. States
this should take 1 -2 weeks.
2/3/09
Letter from Burke to Ballard stating that
permit for parking lot expires April 2, we
SLBTS Parking Lot
3
and city have been very patient and we
need to see progress.
5/6/09
Email from Burke to Ballard regarding
status of parking lot.
5/8/09
Email from Burke to Ballard asking about
status stating it has been months rather than
weeks. Burke states he is puzzled by
secrecy and non - disclosure.
6/1/09
Email from Burke to Ballard stating that
we have heard that there may be new issues
or challenges regarding the RAP.
6/17/09
Email correspondence from Ballard to
Burke stating he is out of town but will be
working "on clearing weekend for full
attention to this matter."
6/17/09
Email from Burke to Ballard stating that
we have lost all confidence, that we do not
think that they are working on this, we
have spent over $50k to improve property,
invested 3 years. Demands to know
exactly where we are in the process and
what needs to get done.
6/24/09
Email from Ballard to Burke saying he will
work on a response to Brian's questions.
6/24/09
Email from Burke to Ballard asking him to
ick u hone and give him direct update.
7/7/09
Email from Burke to Ballard inquiring
about status.
8/28/09
Email from Person to Burke lPrivilegedl
9/1/09
Emails between Kathy Sylvia and Ballard.
Ballard responding to call from Kathy
Sylvia regarding status of parking lot.
Ballard states LL committed to completing
this project and is continuing to work on
board approval. States that next is
submission of RAP. States he believes it
can be submitted in September.
9/17/09
Email between Pam B. & John Peloquin
Privile ed
9/29/09
Email correspondence to Pam Burke.
Privile ed
10/28/09
Letter from Nathaniel Weiner to Ballard
10/29/09
Email from Ballard to Weiner stating faxes
get sent to junk folder, he is working on
several other major projects. States RAP
was submitted in mid - October. Stated that
they need approval of RAP to move
3
SLBTS Parking Lot
Also Attached
1. Copy of lease, dated 12/14/05, for parking Lot (With Addenda)
2. City Correspondence re permit
3. Permit Fee Receipts
n
�LU
forward. Ballard asks us not to contact
Water Board because LL then gets billed
by Water Board.
10/29/09
Email from Weiner to Ballard stating that
we need to understand timing, that LL has
been evading us, LL not acting in a
consistent manner with its contractual
obligations. States that if LL continues to
take lassiez faire approach to lease that we
will have to take this as repudiation of LL's
contractual obligations under lease and
pursue legal remedies.
11/9/09
Email from Weiner to Burke 1Privileeedl
11/9/09
Email from Burke to Weiner. 1Privile2edl
11/10/09
Email/letter from Weiner to Ballard stating
that as a result of LL inaction and non -
response, we have contacted the Water
Board. We request that they provide the
information requested by the Water Board
1/8/10
John Peloquin speaks with Dave Kiff and
follows up to get application number to see
if Kiff can assist in moving things forward.
4/7/10
Correspondence between Kathy Sylvia and
Jason Staggs and Weiner. Privile ed
Also Attached
1. Copy of lease, dated 12/14/05, for parking Lot (With Addenda)
2. City Correspondence re permit
3. Permit Fee Receipts
n
�LU
0 Sea
t z
2/3/09
Ronald Ballard
Ballard Law Office
22996 GI "Toro Road
I.,ake forest, CA 92630
Re: 2807 Lafayette Ave.; Proposed Parking Lot
Dear Ron,
We are pleased to inform you that on January 27 "i, 2009 the Newport Beach City Council
unanimously voted to approve the first reading of the Zoning Implementation and Benefit
Agreement between the City of Newport Beach and Sober Living by lice Sca, Inc.
Additionally, on January 29(" city building inspector Paul Sobek signed off on our final
inspection on the negotiated improvements at 2811 -13 Villa Way. Only a final minor
inspection is pending at 2809 Villa Wily. Mr. Sobek is also the building inspector
assigned for over -site on the parking IoC permit. During his recent inspection, Mr. Sudek
warned that on April 2 n he will be forced to close our parking lot permit number X2007-
0324 unless progress is shown. Ile stated that the cost to obtain a new permit may be
considerable. We feel that we have been ready at all times to meet our obligation in
regards to this project and .feel that it would be the owners obligation to bare the cost of
new permits,
Ron, with all due respect, I requested that you provide us with timelines its requested of
us by the city. The city has demonstrated patience throughout this ordeal and even
offered assistance to you and your clients. You rcferenecd ill prior correspondences that
the Remedial Action Plan will be submitted in weeks rather than months. Hopefully this
is true and will allow its to show progress on the site prior to our permit deadline on April
2nd.
Respectfully,
Brian Burke
CC: Mark McCulloch
r' ^If1.1.11 @• 5��
s ty�+k�� ��a•s�it�1
fad
Wendy Jones, Cupertino, CA
gym: Pam Burke, Cupertino, CA
-. nt: Wednesday, October 20, 2010 9:29 PM
To: Pam Burke, Cupertino, CA
Subject: FW: Parking lot, Water Board, Case manager contact info.
From: Brian Burke, Newport Beach, CA
Sent: Monday, January 11, 2010 7:58 AM
To: Kathy Sylvia, Newport Beach, CA
Subject: Parking lot, Water Board, Case manager contact info.
Contact info...... for the case mgr of the parking lot
Brian R. Burke
Property Management/Business Development
Sober living By The Sea, Inc /CRC Health Group, Inc.
2811 Villa Way, Newport Beach, CA 92663
c°om: Kathy Sylvia, Newport Beach, CA
,it: Monday, November 09, 2009 3:16 PM
To: Brian Burke, Newport Beach, CA
Subject: RE: Lease between SLBTS & Patterson Kahle, LLC - Parking Lot
Interesting .... now we'll see
From: Brian Burke, Newport Beach, CA
Sent: Monday, November 09, 2009 12:13 PM
To: Nathaniel Weiner, Cupertino, CA
Cc: Jason Staggs, Cupertino, CA; Barbara Sylvester, Cupertino, CA; Kathy Sylvia, Newport Beach, CA
Subject: RE: Lease between SLBTS & Patterson Kahle, LLC - Parking Lot
Nathaniel,
Spoke with Maneck Chichgar, case mgr., Santa Ana Regional Water Quality Control Board, 3737 Main St., # 500
Riverside, CA 92501 (951) 782 -3252;
He states the RAP has been submitted & he is working on it as we speak; Says he is just waiting for Mr. Ballard for upload
further documentation to their website & then he'll issue the owners an Approval Letter to perform the work, which should
take place within the next two weeks; The work will involve excavation of soil, confirmation of additional soil sampling,
submission of a final report to the Water Board for approval with a request for a "letter of no further action'; then they'll
need to receive final approvallclearance, and the issuance of a Letter of No Further Action to the owners. Maneck states
the Board puts no time frame for the owners to complete this work & says that it's all up the owners as to how fast they
wish to complete it. It could all be complete within 90 days, he sees no reason for this project to go on for more that 6
months other than delays from the ownership for some reason.
.er this ..... we can start & finish the lot
Brian R. Burke
Property Management/Business Development
/a,>
Wendy Jones, Cupertino, CA
,m: Pam Burke, Cupertino, CA
.nt: Wednesday, October 20, 2010 9:28 PM
To: Pain Burke, Cupertino, CA
Subject: FW: Lease between SLBTS & Patterson Kahle, LLC - Parking Lot
From: Brian Burke, Newport Beach, CA
Sent: Tuesday, November 10, 2009 4:05 PM
To: Kathy Sylvia, Newport Beach, CA
Subject: FW: Lease between SLBTS & Patterson Kahle, LLC - Parking Lot
Brian R. Burke
Property Management/Business Development
Sober Living By The Sea, Inc /CRC Health Group, Inc.
2811 Villa Way, Newport Beach, CA 92663
From: Nathaniel Weiner, Cupertino, CA
at: Tuesday, November 10, 2009 3:59 PM
i o: Brian Burke, Newport Beach, CA
Subject: FW: Lease between SLBTS & Patterson Kahle, LLC - Parking Lot
FYI
Re: Sober Living By the Sea /Patterson Kahle Lease
Mr. Ballard,
In furtherance of my email to you dated October 29 (attached for your reference) and your lack of response thereto, as
well as non - response to a voicemail I have since left with your office, we have had no choice but to take matters into our
own hands, and contact the California Water Board to verify that the information you have provided to us is accurate, and
also to ensure that the landlord is pursuing this project as required by the lease agreement.
We have learned that a RAP has indeed been submitted, but as of November 9, the Water Control Board is awaiting
further information and documents from your office before it can provide your clients with approval to perform the work.
We hereby request that you provide the information requested without further delay.
We have also learned that the Water Board believes that all of this work can be completed and a "no further action" letter
issued inside of approximately 3 months, assuming it is prosecuted with reasonable diligence by your client. Accordingly,
we reiterate our request that your client proceed in good faith to complete this work, and that you continue to keep us
^noraised of the progress on this matter. If we do not receive a substantive status update /response to this request by
:ember 1, we will again contact the Water Board, to verify the status of this project.
Should we determine that, as a result of your or your client's inaction, this project is not being appropriately pursued to a
timely completion, please be assured that Sober Living By the Sea will pursue any and all legal remedies available to
�a3
ensure that it is made whole from damages to its business that it has sustained, and continues to sustain, in the form of a
lawsuit and if necessary reinforce that action by reporting this matter to appropriate regulatory agencies, including if
warranted, the State Bar.
.cerely yours,
Nathaniel Weiner
CRC Health Corporation
VP and Deputy General Counsel
20400 Stevens Creek Road, Suite 600
Cupertino, CA 95014
From: Nathaniel Weiner, Cupertino, CA
Sent: Thursday, October 29, 2009 2:58 PM
To: 'Ronald Ballard'
Cc: Brian Burke, Newport Beach, CA
Subject: RE: Lease between SLBTS & Patterson Kahle, LLC - Parking Lot
Thank you for this upgate; we appreciate it, and while I am not aware that any of our personnel have contacted the water
board directly, we ace agreeable to refrain from contacting the agency directly from this point forward so long as we are
assured that there i$ actual progress being made by the your clients on this project. And, in this regard, we do need some
more definite information on the timeline of when this all is going to occur - surely the regional water board has the ability
to let you know how long it takes to review a RAP, and surely you have the knowledge and experience in matters like this
+^ give an indication as to whether this is something that will take days, weeks or months to resolve,
You should be aware that Sober Living has been attempting to reach your clients to discuss this vigilantly, repeatedly and
for some months already, and these efforts have been met with stone silence and evasion. This is not consistent with the
contractual obligations that your clients have to Sober Living, and we are reaching the limits of our patience to assume
your clients are acting in good faith. We would like some understanding of why the RAP was submitted only two weeks
ago, and what action steps your clients have planned to see to it that the lease agreement will be fulfilled without further
delay. I should point out as well that the completion of this work is something that the City of Newport Beach would like
very much to see happen as soon as possible, and that the City has expressed to us its willingness to attempt to facilitate
this, given the knowledge and experience it has in dealings with the water board. If this is assistance your clients are
willing to accept (and I have a difficult time imagining why they would not), please let me know.
With all due deference and respect to your busy schedule, we must insist on some greater action by or on behalf of the
landlord in this matter and a better idea of when and how your client anticipates that this project will be completed. We
are not seeking to back away from this project at this point in time, but if your client continues to take a lassiez faire
approach to the lease agreement and /or avoid engaging with Sober Living on this, we will have little choice but to interpret
that as repudiation of landlord's contractual obligations under the lease, and will pursue such legal remedies as are
appropriate here - not the least of which will be seeking repayment for the several thousands of dollars Sober Living has
invested in this project to date.
I look forward to the favor of a timely and thoughtful response to the above, so that we can attempt to avoid a result that
would be bad for Sober Living, bad for the City of Newport Beach and bad for your clients.
Sincerely yours,
Nathaniel Weiner
�C Health Corporation
and Deputy General Counsel
20400 Stevens Creek Road, Suite 600
Cupertino, CA 95014
IMMOMM
I�FI
(415) 840 -0020 (fax)
rrom: Ronald Ballard ( maiito :ballard.ronald @ballardlaw.comj
Sent: Thursday, October 29, 2009 2:28 AM
To: Nathaniel Weiner, Cupertino, CA
Cc: Brian Burke, Newport Beach, CA
Subject: RE: Lease between SLBTS & Patterson Kahle, LLC - Parking Lot
Dear Mr. Weiner,
i
dLhank you for fh'b fo):ow up on your fax. It's incoming TSID code is "1111," which is not a true phone number. Hence, the
faz 'seiner directs it to the possible Junk Fax folder where it might not get reviewed for a day or two in periods of high
demand.
I currently have several major projects that have converged all at one time to an extremely high level of demand, which is
making responses on other projects particularly challenging for at least another 4 -5 days.
Anyway, movement of soil on the property is subject to approval by the regional water board due to the presence of
substances for which the water board believes remediation is required. A proposed Remedial Action Plan was submitted
to the board two weeks ago. When agency approval of a RAP is granted, then work can begin on the parking lot,
beginning with the remediation. We do not yet have approval of the RAP nor an anticipated schedule from the agency.
Naturally, it can be a process of negotiation if they do not accept the plan as proposed.
The agency bills the landowner for all work on the file, including inquiries, at a rate averaging $150 /hr. It seems that they
bill in 1 hr. increments. Hence, every time a member of the public or other jurisdiction contacts the agency, my client is
charged approximately $150. Therefore, we would appreciate that contacts with the agency be kept to a minimum or that
reimbursement be provided. Notwithstanding the excessive demand on my time at this juncture, I can assure you that we
'' transmit updates of progress on the agency file as they occur. The first update is expected to be the agency's
- .,pected time line in handling the file.
Sincerely,
Ronald M. Ballard
Ballard Law Office
22996 El Toro Road
Lake Forest, CA 92630.4961
Phone: 949 - 597 -9596
Fax: 949 - 812 -7699 / 597 -1649 r
www.ballardlaw.coni
fi
r
CONFIDENTIALITY NOTICE: This e -mail transmission, and ahy documents, files or previous
e -mail messages attached to it, may contain confidential information that is legally privileged. If
you are not the intended recipient, or a person responsible for delivering it to the intended
recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the
information contained in or attached to this message is STRICTLY PROHIBITED. If you have
received this transmission in error, please immediately notify us by reply e -mail at
ballard.ronald @ballardlaw.com or by telephone at (888)
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them to disk. Thank you
Original Message - - - --
vrom: "Nathaniel Weiner, Cupertino, CA"
: "'bizcard09 @bal lard law.com "'
bent: 10/28/2009 3:14PM
Subject: Lease between SLBTS & Patterson Kahle, LLC - Parking Lot
Id
Mr. Ballard,
Attached is a letter that I faxed to your office yesterday, along with a confirmation of receipt. Please confirm that you have
,eived this, and let me know when I can expect to receive a return phone call.
Nathaniel Weiner
CRC Health Corporation
VP and Deputy General Counsel
20400 Stevens Creek Road, Suite 600
Cupertino, CA 95014
This email and any files transmitted with it are confidential and are intended solely for the use of the individual
or entity to which they are addressed. This communication may contain material protected by HIPAA
legislation (45 CFR, Parts 160 & 164). If you are not the intended recipient or the person responsible for
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use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this
email in error, please notify the sender by replying to this email and then delete the email from your computer.
ld&
x�
HEAUM GROUP
204iiJ S +.c:etns C:reec BoLdrvard,_SUite (500 - Cu if), >, r;ali4;•; ni;; 950'-0 • III'u;nae 8l7.537`,137 fax: 403367:00 mww.rrcheolthcorrr
VIA FACSIMILE 949. 892 -7699 & CERTIFIED MAIL
November 16, 2009
Ballard Law Office
22996 El Toro Road
Lake Forest, CA 92630 -4961
Phone: 949- 597 -9696
Fax: 949 -812 -76991 597 -1649
Re: Sober Living By the Sea/Patterson Kahle Lease
Mr. Ballard,
In furtherance of my email to you dated October 29 (attached for your reference) and your lack of
response thereto, as well as non - response to a voicemall I have since left with your office, we
have had no choice but to take matters Into our own hands, and contact the California Water
Board to verify that the information you have provided to us is accurate, and also to ensure that
the landlord is pursuing this project as required by the lease agreement.
,*
We haveTearndd that 8, P hastindeed been submitted, but as of November 9, the Water
Control Bt>"ard Is awaiting further information and documents from your office before it can provide
your clients with approval to perform the work. We hereby request that you provide the
information requested without further delay.
We have also learned that the Water Board believes that all of this work can be completed and a
"no further action" letter issued inside of approximately 3 months, assuming it is prosecuted with
reasonable diligence by your client. Accordingly, we reiterate our request that your client proceed
in good faith to complete this work, and that you continue to keep us appraised of the progress on
this matter. if we do not receive a substantive status updatelresponse to this request by
December 1, we will again contact the Water Board, to verify the status of this project.
Should we determine that, as a result of your or your client's Inaction, this project is not being
appropriately pursued to a timely completion, please be assured that Sober Living By the Sea
will pursue any and all legal remedies available to ensure that it is made whole from damages to
Its business that it has sustained, and continues to sustain, in the form of a lawsuit and if
necessary reinforce that action by reporting this matter to appropriate regulatory agencies,
including if warranted, the State Bar.
Sincerely yours,
Nathaniel Weiner
VP and Deputy General Counsel
ia1
I_ _ Transmission Report
Date/Time 11 -16 -2009 01:50:58 P.M. Transmit Header Text
-al ID 1 1111 Local Name I Line 1
el ID 2 Local Name 2 Line 2
This document: Confirmed
(reduced sample and details below)
Document size : 8.5 "x11"
HWALMOYOVP,IM0.
20400 0l� Cmek 9t+d, $Uft 000
Cupwdno, CA OS014
0773720680 I Fm, 400467.OM Fax
T° Ronald Ballard Franc Nalhaniol Weiner,
Ballard Law Offloo VP& Deputy General
Counaal
rac 949812T699100-6U -1849 Povw 3"Udingcmrchoet)
Pnano: 949 697.9596 Date: 111/8109
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` +al Pages Scanned : 3
Job Remote Station Sta
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Abbreviations:
HS: Host send PL: Polled local
HR: Host receive PR: Polled remote
W5: Waltino send MS: Mailbox save
Total Pages Conflrmed:3
rt Time I Duratlon Pages Line Mode lot
49:10 p.m. 1 i -16- 2009 00:01:22 - 13/3 1 1 EC HS
MP: Mailbox print TU: Terminated by user
CP: Completed TS: Terminated by system G3: Group
FA: Fall RP: Report EC: Error Correct
Results
1 1
Attachment No. CC 10
NBPD Memorandum Re: Parolees and
Probationers
FNBWPOgr
f' > NEWPORT BEACH POLICE DEPARTMENT
870 Santa Barbara, P.O. Box 7000, Newport Beach, CA 92658 -7000
n`PGIfOnN4
MEMORANDUM
October 27, 2010
TO: Office of the City Attorney
FROM: Lieutenant Dennis Birch
SUBJECT: SLBTS Facilities
On October 21, 2010, a check of known Parolees and Probationers was conducted
against the addresses provided for SLBTS facilities in the City of Newport Beach. The
check was conducted by members of the California Department of Corrections and
Rehabilitation and the. Orange County Probation Department based on available
-" - - " --� - "" " "tn ormation to tYie - "agencies aY "ttiaY time. - " -No know "ri parolees or -pro aborers are iste — - - - -
as residents of any of the SLBTS facilities as of October 21, 2010. There are 43 people
currently on parole living in the City of Newport Beach.
Parole is given to a person that has been convicted of a crime and sentenced to State
Prison. Probation is given to subjects that have been convicted of lesser crimes who
may or may not have served a term in jail. Typically, as part of a probationers or
parolee's status, they are required to report to a probation officer or parole agent. Part
of that reporting process is to indicate a residence address.
Individual parole agents and probation officers conduct regular checks of subjects under
their supervision. These checks Include verification of residency and compliance with
the terms of individual conditions of probation or parole. In California, there are subjects
on "Non- Revocable Parole" (NRP) and informal probation whose oversight by the
respective agencies may be less than mentioned above. On rare occasions, there may
be subjects from other jurisdictions (Cities, Counties and States) that may, for various
.reasons, serve their probation /parole in Orange County or Newport Beach. These
subjects are required to report to the appropriate agency and are subject to the same
requirements as those from this jurisdiction. Some subjects on parole or probation will
violate the terms of their parole or probation; however they then face various
consequences from the respective agencies or courts. These consequences may
include further jail or prison terms.
Office of the Chief 949- 644 -3701 • Support Services 949- 644 -3654 • Patrol -7Yafc 949. 644 -3742 • Detectives 949 - 644.3790
As a matter of routine, the Newport Beach Department conducts checks and searches
of subjects on probation and parole. These checks are conducted as the result of
investigations, routine contacts in the course of daily police activities and specific
checks related to probation or parole status. One of the Police Department's 2010
Goals is to conduct at least two parolelprobation operations per month. These
operations are conducted based on known or potential crime problems in the City of
Newport Beach.
Though the Orange County Probation Department and California Department of
Corrections and Rehabilitation records are reliable, there are occasions and
circumstances where these records may not be accurate. Generally, these occasions
are the exception and not the rule. The Police Department cannot speak with specificity
on the accuracy or reliability of information held by either the Department of Corrections
and Rehabilitation of the Probation Department.
Lieutenant Dennis Birch
Detective Division
Newport Beach Police Department
City of Newport Beach
City Council Meeting of November g, 2010
Sober Living by the Sea, Inc.
Annual Review of Zoning Agreement
Zoning Agreement -
Administrative Protocol
mm City Inspection of SLBTS facilities by Code
Enforcement staff
■ Opening or relocation of facilities proposed
by S L BTS
Future annual reviews for determination of
good faith compliance
Zoning Agreement -
Future Annual Reviews
- Zoning Agreement requires review at least once
eve ryl2 months from effective date
Effective date is 91. days following passage of
Ordinance —which is May 12, 2009
Zoning Agreement fully executed in Sept. 2009
All future annual reviews to be conducted at 2nd
City Council meeting in July
Zoning Agreement Regulation -
Number of SLBTS Facilities
Citywide —A maximum total of zoo client beds
Peninsula Zone — Limited to 156 client beds,
with no more than 1z client beds on Lido Isle
Outside of the Peninsula Zone — 48 client beds
allowed in MFR District
SLBTS is in compliance with this regulation
Code Enforcement Inspections of
SLBTS Facilities
Location of facilities, number of client beds
and bedrooms
Compliance with off - street parking
requirements
Proper storage of trash receptacles and
disposal of medical waste
Overall cleanliness facility grounds (e.g.
appropriate disposal of trash and cigarette
butts)
SLBTS 24- hour - per -day Hotline
Complaints regarding a SLBTS facility may be
registered with SLBTS's 24 -hour Hotline at:
949-554-1147
Complaints may also be registered with City's
Code Enforcement Division at:
949-644-3215
Zoning Agreement Regulation —
Dispersal of Existing Facilities
No more than 1 facility per block occupied by
SLBTS or other operator, and no facility
across a bordering street
SLBTS has closed all but 1 facility subject to
dispersal
Final facility subject to dispersal scheduled to
relocate by Dec. 3 otn
NEWPORT
SHORES
OF
Sober Living By the Sea
Facilities
-- OPEN • CLOSED
SLBTS Villa Way Office & Meeting
Facility
Client meetings limited to an average of so
meetings per week, with no more than 12
meetings in any 1 week
No more than 20 persons in attendance
Construct and maintain a 13 -space off -site
parking lot
28TH ST
516
"✓ \ � yC
512,-
• Y-i ,101917, � C:
P
• � • � f 101 - _ 14
100 2610 2609 7qT?
10 /
Z�e .
8a'
,Lg10� 100, _ "r • zO7g
'1H 9T ®`.�.
r P7 r S
Villa Way Facility —
Off -Site Parking Lot Milestones
Allow 2 months for SLBTS to work with
property owner, resolve environmental
cleanup of site, and construct parking lot
If no progress, SLBTS to use next 2 -4 months
to find alternative locations for off -site
parking and enter into off -site parking
agreement
Recommendation
1
3
Find that SLBTS has demonstrated good
faith compliance with the terms of the
Zoning Agreement, except the requirement
to provide an off -site parking lot
Accept staff's proposed milestones for
compliance with the required parking lot
Receive and file documents submitted by
SLBTS demonstrating good faith
compliance
My name is Nancy Harris. I have lived on Lido Island for almost 40 years. In the spirit
of being a good neighbor, a good citizen, and good human being, I make the following
comments:
In the late 1960's, California led the way in De- Institutionalizing persons in need of care.
The philosophy was that living in the community maximizes a person's ability to
function better, get well, and to the greatest extent possible, live a normal, productive
life. It also saves a great deal of money for the taxpayers. To provide places to live, the
Board and Care and Recovery Homes came into being.. It was obvious early on these
homes should be licensed and it also became obvious that NIMBY Not in My
Backyard -was an all too common reaction. To meet the need, legislation was passed
allowing homes for 6 and under to be established in R1 zones. Larger facilities still
must meet city zoning regulations. I was at that time, the Executive Director of the
Orange County Association for Mental Health, helping to draft the bill and advocating
its passage.
There were many years when Costa Mesa, Santa Ana and many other cities were bearing
the load of these needed homes. They complained that they were providing the service
to persons from Newport Beach when Newport had no such homes. I was pleased to
hear while watching your last meeting on TV, that, I believe it was the City Attorney
who pointed out that we still have many fewer beds than our neighboring cities. At my
recent 601 Class Reunion at Stanford, I learned that the future will bring the need for
many more such resources due to our aging population living longer and with that the
increase in Alzheimer's and other ailments. It well may be that persons in this room
tonight will need this kind of resource in their future.
I greatly prize living in Newport Beach where I have come my whole life, and on Lido
Island where I live now. I understand that our citizens are not immune from having
problems and well may need this kind of resource. On October 30, 1982, our son, who
had graduated from Harbor High, who had made numerous rescues as a Newport
Iifeguard in the summertime, who was a recent graduate of UCSD , who was attending
computer school learning an emerging technology, was a passenger in a car hit head -on
by a vehicle that crossed the center median driven by a teenage boy eating a taco and
drinking beer, killing the driver of the car our son was in and causing such a brain injury
to our son as to render him completely disabled. After over three years of
hospitalization, he was able to go to live in Board and Care facility for Head Injuries
in Escondido, the only kind in the Nation at that time. He was there 15 % years before
needing nursing care that required him to move to a nursing facility. Never did I think
back in the early'70's that someone I loved would need the kind this kind of care.
Grateful we have become to Escondido for all the caring hospitality they have extended
to our son and to many others.
I do not believe in nor would I advocate for the clustering of Board and Care or
Recovery Homes. The whole philosophy of community care is based on creating a
more "normal" living environment and not creating a mini - institution. I believe Board
and Care and Recovery Homes should be good neighbors. If they are not, they should
be asked to comply. If the smoking is a problem, they should go non - smoking or
provide a room such as one sees in some airports. I don't like second hand smoke either.
I will not take the time to list all the annoyances we have lived with on Lido. They do
not out weigh the pleasures of living here. But if you think that people living in
Newport Beach or on Lido Island are immune from needing this kind of resource or who
never are an annoyance themselves and perhaps even commit a crime, then you have not
been paying attention to what goes on around you.
I sincerely hope all this recent rhetoric can be replaced by thoughtful consideration of
the fact that like it or not we are our Brothers Keepers And that the caring lesson of the
Good Samaritan can remind us of the salvation we receive in caring for those in need.
bed limit I No more than 204 Citywide. Peninsula no more
than 156
Lido Island limit No more than 12 beds on Lido Island
Except 156 beds in Peninsula Zone Facilities outside Peninsula Zone located in MFR
and Lido Island. all facilities located in only.
MFR
New facilities opened after effective
date - one facility per block, or across
bordenna street
Disperal - disperse to one facility per
block Win 30 months of effective date
of ordinance adopting agreement. Four
exceptions under DA may remain whn
same block
No new facility established outside
Peninsula Zone until dispersal
completed
Proximity to schools. large day care
facilities
Proximity to parks
Parolees and government referrals
Medical waste disposal
Other waste disposal
Secondhand smoke
Off street parking
Required staffing
]wet hours
;lient transport routes
nts per bedroom
I Villa Way meeting facility
iorting Frequency
nedies for Violations
Block is area bounded by four streets, not alleys
Ordinance Effective Date 5/12/09
Dispersal Date: 11112/11
Exceptions not required to disperse 112 40 th
St and 3960.3980 Seashore: 122 45th St. and
4500 -4504 Seashore; 6110 Oceanfront and 6111
Ocean Front. 4711 Seashore and either 4800
Seashore or 4816 Seashore
No facility w!m 1,000' of NMUSD elementary
school or large day care facilit
No facility adjacent to 36th St. lot lot or Manna
Park tot lot
Parolees from CA Dept. of Corrections or
equivalent prohibited, government referrals
prohibited. Other parolee /probationers - 1 per
dwellmo unit allowed
Disposed of in accordance with law and best
practices
Semi - annual compliance reports
submitted 12/14/09, 6/28/10: 4 Semi- annual compliance
facilities inspected 4/27/10,4 reports show bed counts under
facilities inspected 7128/10; 3 limits citywide and in Peninsula
facilities inspected 9/29/10; External Zone
inspection of all facilities 9130/10
.Lido Island facdnes inspected 4/27/10 In compliance (3 units, 4 beds
each)
Facility outside Pemsula Zone
is located in MFR
New facility inspected 9130/10 Sole facility on block
In compliance. final required
dispersal in progress
Dispersal of final location in
process
I} In compliance
In compliance
NBPD performed parolee checks
1/28/10. 4129/10. 7/29110, 9/30/10 In compliance
and 10/21/10
Requested information at 9129/10 2 facilities advised to adopt
interior inspections preferred procedure
Inspected at 11 facilities' interior Most facilities In compliance. 4
Comply with NBMC trash enclosure provisions inspections and all 9/30/10 external advised of correction needed
inspections
Good faith effort to prevent smoke affecting Inspected at 11 facilities' interior
neighboring properties, direct clients not to litter inspections and all 9/30/10 external
with tobacco products or violate smoking inspections
prohibitions
Comply with NBMC requirements for olfstrreet Inspected at 11 lacilitles' Intenor
parking inspections and all 9/30/10 external
inspections
Inspections in April. July and September 2010 showed bed counts
consistent with counts reported by SLBTS
.SLBTS Lido Island facilities closed July 31, 2010
New SLBTS facility opened outside Peninsula Zone at 4138 Patrice -
in MFR zone
4138 Patrice only new facility established since effective date.
118 45th St. or 122 45th St. - BOTH CLOSED
307 1/2 34th St. or 309 112 341h St - BOTH CLOSED
4800 Seashore or 4816 Seashore - 4816 CLOSING ON OR BEFORE
12/30/10
4138 Patrice established before final facility at 4816 Seashore
completed relocation, but during period That dispersal is in process.
NBPD reports indicate no parolees at any SLBTS address
14711 Seashore and 4138 Patrice not using preferred method of
disposal. CE advised SLBTS 9130/10 SLBTS returned all facilities to
- _preferred method
SLBTS advised 9/30/10 of corrections needed at 505 291h 9T ., 5101 B
River, 4500 -4504 Seashore. 4800 Seashore. SLBTS corrective action
taken by 10/5/10 at most locations SLBTS plans to increase security tc
,prevent can lid theft
2 neighbor complaints & 1 13 complaints to CE - 102 Via Antibes. SLB informed of complaints, situation addressed, no further
neighboring business and 4711 Seashore. and Villa Way complaints. Code Ent. advised SLBTS 9/30/10 of suggested further
complaint. addressed facility I mitigation measures for 4711 Seashore after inspection
Most in compliance. correction Owner of 700 -102 Via Antibes and SLBTS using garages for storage
required at Via Antibes facilities purposes: Code Enforcement advised and garages made clear and
available for parking.
24 -hour hotline for complaints - In compliance _ .24 -Hour Complaint Hotline -A_"9) 554 -1147
Quiet hours, all residents inside Sun - Thurs: 10 1
PM - 7 AM,
No noise complaints received
Fri - Sat: 11 PM - 7 AM
Routes submitted to City. good faint efforts to
No client transport complaints
adhere required
received
During customary times for deliveries in
residential area
No delivery complaints received)
_
2 clients per bedroom unless size of structure
Inspected at 11 facilities' interior
_
warrants more for anV single betlroom
In -
In compliance
Comply with terms of 8/25106 letter
In compliance with terms of
letter except parking
Semi annualy: by December 31 and June 30
Compliance reports submitted
In compliance
_
12/14109 and _6[28/10.
_
Specific performance, general police powers
One complaint about van dnver not SLBTS staff informed van driver seen on cell phone. not coming to
adhering 10 Vehicle Code - complete stop at stop sign; SLBTS addressed with driver
All facilities inspected had 2 per bedroom or fewer client beds. except
505 29th which had 2 rooms large enough for 3 beds each
Good faith efforts proceeding to complete parking lot. City assistance
reguested to obtain-property owner compliance
A q
iTY
If
NEWPORT
SHORES
`r Nw w
Sober Living By the Sea
V Facilities
• OPEN • CLOSED
1
505 29th St
1.
116
34th St A, and B
2
112 40th St B only
2.
307
1/2 34th St
3
5004 Neptune Ave, A and B
3,
309
1/2 34th St
4
6110 Ocean Front W.
4.
125
and 125 1/2 39 St
5
4138 Patrice Rd
5,
112
40th St A Only
6
5101 River Ave, B only
6.
131
43rd St A and B
7
3960 - 3980 Seashore Dr
7
133
45th St A and B
8
4500 - 4504 Seashore Dr
8
118
45th St A and B
9
4711 and 4711 112 Seashore Dr
9.
122
45th St A and B
10.
4800 Seashore Dr A and B
10
5101
River Ave A Only
11
4816 Seashore Dr A and B
11
100
Via Antibes
12
6111 Seashore Dr
12
102
Via Antibes
13
208
Via Lido Soud
Name: SLBTS_October_2010
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