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HomeMy WebLinkAbout09 - Staff Report February 12 2009Group Residential Use Permit Hearing Agenda (1115 West Balboa) Av.aac OR 0001 City of Newport Beach GROUP RESIDENTIAL USE PERMIT HEARING AGENDA This hearing is held in accordance with Newport Beach Municipal Code Chapter 20.91A (Use Permits in Residential Districts). DATE: Thursday, February 12, 2009 TIME: 4:00 p.m. - 6:00 p.m. (Hearing must be concluded or continued by 6 p.m.) LOCATION: Council Chambers, Newport Beach City Hall @ 3300 Newport Boulevard HEARING OFFICER: Thomas W. Allen AGENDA ITEM #1 USE PERMIT No.: 2008 -031(PA2008 -102) APPLICANT: Ocean Recovery SUBJECT PROPERTY: 1601 West Balboa Boulevard, Newport Beach PROJECT SUMMARY: An application requesting approval of a Use Permit to allow a residential care facility to operate a licensed adult alcohol and /or drug abuse recovery treatment facility for females only. This application has been filed in accordance with Ordinance No. 2008-0S, which was adopted by the City Council in January 2008. This is a public hearing item. AGENDA ITEM #2 USE PERMIT No.: UP 2008-030 (PA2008 -101) APPLICANT: Ocean Recovery SUBJECT PROPERTY: 1115 West Balboa, Newport Beach PROJECT SUMMARY: An application requesting approval of a Use Permit to allow a residential care facility to operate a licensed adult alcohol and /or drug abuse recovery treatment facility for males only. This application has been filed in accordance with Ordinance No. 2008-05, which was adopted by the City Council in January 2009. This is a public hearing item. AGENDA ACTION L Meeting Convened (Hearing Officer) 2. Agenda Item #1— Public Hearing — Ocean Recovery, 1601 West Balboa • Presentation of the Ocean Recovery application (UP2008 -031) (Newport Beach city staff) • Applicant comments, if any • Public hearing opened (Hearing Officer). 1. Comments are limited to comments about the subject. property's application and operations; and OR 0002 ii. Comments limited to three minutes, unless otherwise ordered by the Hearing Officer. • Public hearing closed (Hearing Officer). • Applicant may offer rebutting or clarifying comments (Applicant). • Hearing officers questions of City staff or applicant. • Hearing Officer determination. Options include continuance, approval of a use permit with conditions or denial of a use permit. In the latter two cases, the Hearing Officer may instruct staff to prepare the Resolution for his signature. 3. Agenda Rem 42— Public Hearing —Ocean Recovery, 1115 West Balboa a) Presentation of the Ocean Recovery application (UP200"30) (Newport Beach city staff) b) Applicant comments, if any c) Public hearing opened (Hearing Officer). I. Comments are limited to comments about the subject property s application and operations; and ii. Comments limited to three minutes, unless otherwise ordered by the Hearing Officer. d) Public hearing closed (Hearing Officer). e) Applicant may offer rebutting or clarifying comments (Applicant). f) Hearing officers questions of City staff or applicant. g) Hearing Officer determination. Options include continuance, approval of a use permit with conditions or denial of a use permit In the latter two cases, the Hearing Officer may instruct staff to prepare the Resolution for his signature. 4. Adjournment (Hearing Officer). CEQA: This activity has been determined to be categorically exempt under the requirements of the California Environmental quality Act (CEQA) under Class 1(Existing Facilities). This class of projects has been determined not to have a significant effect on the environment and is exempt from CEQA's provisions. APPEAL PERIOD: Use Permits do not become effective until 14 days after the date of approval, during which time the decision of the Hearing Officer may be appealed to the City Council. If pt! OR 0003 City of Newport Beach Planning Department Staff Report (1115 West Balboa) -\v.a« OR 0004 CITY OF NEWPORT BEACH PLANNING DEPARTMENT STAFF REPORT February 12, 2009 Agenda Item 2 TO: Thomas W. Allen, Hearing Officer SUBJECT: Ocean Recovery, LLC 1115 West Balboa Boulevard a Use Permit No. 200&030 (PA2008 -101) APPLICANT: Ocean Recovery, LLC. CONTACT: Janet Johnson Brown, Associate Planner jbrown�mcitv.newooR- beach.{�.us (949) 644 -3236 PROJECT SUMMARY An application for approval of a use permit to allow a residential care facility to continue its operations as an adult alcohol and /or drug abuse recovery and treatment facility for males only. This application has been filed in accordance with Ordinance No. 2008-05, which was adopted by the City Council in January 2008. Staff recommends that the Hearing Officer conduct a public hearing, receive testimony from the applicant, the City of Newport Beach and its legal counsel, and members of the public. At the conclusion of the tearing, staff recommends that the Hearing Officer: Approve the application with a reduction in the number of beds within the facility for a six month period, based on the findings discussed in this report; and 2. Direct staff to prepare a resolution of approval of Use Permit No. 2008-030 subject to the findings discussed in this staff report and the draft conditions of approval which are attached as Exhibit 1. OR 0005 MC V y t - 4 Ocean Recovery, LLC (PA2008 -101) February 12,20M Page 3 INTRODUCTION Proiect Sedina The subject site is developed with six (6) residential dwelling units and six (6) garage parking spaces that were originally constructed in 1952. The subject site is located on the south (ocean) side of West Baboa Boulevard between 11th Street and 12th Street on the Balboa Peninsula. Balboa Boulevard provides primary access to the project site with seconds access provided from a rear public alley that also intersects with 11th Street and 12 Street. This is an established residential area, containing a variety of rental and owner- occupied properties. In addition to the residential uses in the immediate vicinity, Newport Elementary School is located on the south side of West Balboa Boulevard between 13th Street and 10 Street and a large day care facility (Christ Church by the Sea Children's Center) licensed by the State of California's Department of Social Services (DSS) is located on the north side of West Balboa Boulevard at 10 Street. Project Description The proposed project is a request for approval of a Group Residential Use Permit to allow the continued operation of an existing residential care facility. The facility is operated by Ocean Recovery, LLC, and is licensed by the State of California's Department of Alcohol and Drug Programs (ADP) to operate and maintain an adult residential alcohol and /or drug abuselrecovery or treatment facility for total occupancy of 22 men. I-I•i.(d • 1 , '60-MAMMMITIF =to; 12 In response to a rapidly increasing concentration of Group Residential Uses within the City and the negative secondary impacts these uses potentially, can have on residential neighborhoods in which they are located, the City Council adopted Ordinance No. 2008- 05 in January 2008. The ordinance identifies the following adverse impacts that typically accompany this type of use: • Changes in the residential character of the neighborhood • Noise • Secondhand smoke • Profanity and lewd speech • Traffic congestion • Excessive trash produced • Excessive debris on surrounding sidewalks OR 0007 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 4 The ordinance is intended to protect the integrity of the City's residential areas. The fundamental precept of the City's Zoning Code relative to residential zones is that individual dwelling units are intended for the occupancy and use of single housekeeping units. Following adoption of the ordinance, the City changed the way it regulates residential uses that are not single housekeeping units. Group home living arrangements such as boarding houses, rooming houses, dormitories, fratemities and sororities, and other non - single housekeeping units were found to be incompatible with the nature and character of the City's residential districts. Residential care facilities such as sober living homes and licensed recovery facilities are not defined in the Newport Beach Municipal Code (NBMC) as group residential uses and are potentially permitted in the City's residentially zoned areas. The ordinance prohibits any new group residential care facility that is not a single housekeeping unit to be located in the R -1, R -1.5 and R -2 Districts, and exempts only facilities that are licensed by the State of California's Department of Alcohol and Drug Programs or Department of Social Services for six or fewer residents which are not operated integrally with other facilities. Any proposed new facility not licensed for six or fewer residents that is not a single housekeeping unit must obtain a use permit and can only be located in a Multi- Family Residential (MFR) District Some existing group residential cane facilities in the City became nonconforming uses after February 20, 2008, because they were not single housekeeping units and did not have Use Permits. All existing nonconforming group residential care facilities became subject to the ordinance's Use Permit process and were required to apply for a Use Permit by May 22, 2008, to continue operation. Under the ordinance, Ocean Recovery, LLC became a nonconforming use. On May 20, 2008, Ocean Recovery, LLC submitted a use permit application to continue the operation of the existing residential care facility located at 1115 West Balboa Boulevard consistent with the requirements of Chapter 20.91A of the NBMC. A copy of the Ocean Recovery application as submitted is attached as Exhibit 2. In accordance with Section 20.91A.030 of the Newport Beach Municipal Code (NBMC), an application for a use permit in a residential district is required to contain the following information: • Facility users • Characteristics of the use • Transportation and parking • Location map and site plan • Similar uses in the vicinity • Applicant Information including license and permit history • Operations and management plan, including occupancy levels • Similar operations owned or operated by the applicant OR 0008 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 5 On June 12, 2008, a "Notice of Incomplete Application' was sent to the applicant describing the materials required by the City in order for the application to be deemed complete and scheduled for a public hearing. On June 27, 2008, the applicant's representative responded to the Notice of Incomplete Application with information intended to clarify the application materials submitted. On August 6, 2008, the City sent a follow up letter further explaining the required materials needed to deem the application complete. Copies of all correspondence between the applicant and the City regarding the status of the application are included as Exhibit 3. Staff met with the applicant on October 3, 2008, and communicated by telephone with the applicant on numerous subsequent occasions regarding the pending required application materials. On January 27, 2009, the applicant submitted the remaining application materials required by the City in support of Use Permit No_ 2008-030_ Staff deems this application complete. The supplemental application materials submitted by the applicant are included as Exhibit 4. DISCUSSION Description of Proieet Operations Ocean Recovery is located at 1115 West Balboa Boulevard and is licensed by the State of California's Department of Alcohol and Drug Programs (ADP) to operate and maintain an adult residential alcohol and /or drug abuseirecovery or treatment facility for a total occupancy of 22 men. The manager of the facility has informed staff that the occupancy of the facility is generally maintained at 20 residents. The facility's ADP license restricts treatment services to male residents. Black Cat, LLC owns the property. The CEO of Ocean Recovery is Mr. Jun McCloskey who manages the facility. The facility owners operate another similar facility located at 1601 West Balboa Boulevard in the City of Newport Beach, which is an ADP licensed 16 bed residential care facility for women only. Ocean Recovery submitted an application for a use permit for this facility which is scheduled for public hearing February 12, 2009. Ocean Recovery has applied for an ADP license to operate a 'six and under° facility at 1217 West Bay Avenue for women who are dual"iagnosed with eating disorders and alcohol or drug dependency. Subject to on -going litigation in federal court, the City is currently precluded from regulating the 1217 West Bay Avenue facility as an "integral use" with the facility at 1115 West Balboa Boulevard. There are two apparent code violations related to the facility located at 1115 West Balboa Boulevard; these include the conversion of garages to non - parking uses and assembly uses at the facility. To date, Ocean Recovery has not been issued citations for these code violations. Current Use of the Building. The residential care facility, licensed for 22 beds, operates in a two-story building containing six individual residential dwelling units, which are utilized as follows: OR 0009 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 6 Current Uses at 1116 West Balboa Boulevard Bedrooms Beds/ Room Beds/ Unit Lower Level Unit 1 2 2 4 Unit 2 2 2 4 Upper Level Unit 3 2 2 2 Unit 4 2 2 2 Unit 5 1 2 2 Unit 6 2 2 4 Total Units = 6 Total Bedrooms = 11 Total Beds = 22 Parking. The project site contains six off - street garage parking spaces, but the garages are all currently being used either for storage or as a "group room" for residents of the facility. Use of the garages for storage and purposes other than parking is prohibited. According to the applicant, client residents are not permitted to have personal vehicles on -site except for a limited number of clients nearing the end of their stay who are approved by the operator to drive their vehicles to and from work. Ocean Recovery utilizes on- street parking for staff, and visitors during special sessions, and family counseling. Approximately ten client visitors per week are permitted at the facility by appointment only. Ocean Recovery conducts regular family counseling sessions at this facility on weekends. Ocean Recovery also conducts AA -type meetings on Thursdays at this facility with up to 30 participants per session, often including a meaUbarbecue. According to the applicant, about "four or five" attendees at the meetings use their personal cars and park an the street. Staffing. The residential facility is staffed by ten employees, six of which are full -time employees. The residential facility staff includes a clinical supervisor, program director, counselors, administrative staff, an office manager, and a driver. Staff members do not reside on the premises. Approximately four staff members are on -site during the day and one staff member is on -site during the nighttime hours. Client Stays. The typical client stay is 90 -days; however, treatment programs include stays from 30 days to 90 days. Curfew. The facility maintains a curfew hour for residents of 10:00 p.m. on weeknights and 12:00 p.m. on weekends. Operational procedures require "lights out" at 11:00 p.m. OR 0010 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 7 Smoking. Smoking is discouraged at the facility; however, the operator provides a designated smoking area on an outside unenclosed patio, which is on the eastern side of the building towards 1113 West Balboa. Treatment Services. Treatment services provided on -site include individual counseling, group counseling, educational sessions, and recovery or treatment planning. The facility conducts AA -type meetings for program alumni during the week with a maximum of 30 participants per session. Family group counseling as part of the clients' treatment/recovery is conducted on weekends at the facility. Additional treatment services are provided off-site at the Newport Beach Alano Club located at 414 32nd Street. Transportation: A van operated by Ocean Recovery provides transportation for residents between the off -site service facilities and the Ocean Recovery facility. Van routes and schedules are attached as Exhibit 5 and are described below: 1. Van service is provided daily, Monday through Friday, between the hours of 6:00 p.m. and 9:30 p.m. to and from the Alano Club for weekly meetings. The van route follows Balboa Boulevard westerly from the facility, then north on Newport Boulevard to the Alano Club. The return route follows Newport Boulevard south from the Alano Club then east on Balboa Boulevard to the facility. 2. Van service is provided daily Monday through Friday between the hours 8:30 a.m. and 10:30 a.m. to 24 Hour Fitness, a health club facility located on the southwest comer of Harbor Boulevard and 19d' Street in the City of Costa Mesa. The van route follows West Balboa Boulevard west to Newport Boulevard then north on Newport Boulevard to 191' Street, and west on 19 Street to 24 Hour Fitness. The return route follows 19d' Street east to Newport Boulevard, south to Balboa Boulevard, and then east on West Balboa Boulevard to the facility. PUBLIC INPUT ON THIS APPLICATION Staff has heard from area residents, some of whom live near the facility, who have expressed concerns about the facility's use. A petition "signed by 120 local residents' (residence of each person who signed was not verified by the City — it was stated by Mr. Paul Lopez) that asks the City to deny the use at 1115 West Balboa Boulevard (and at 1601 West Balboa Boulevard) expresses concerns as follows: • Proximity to Newport Elementary School. • Neighbors having experienced problems with smoking, litter, loud noise, profanity, loitering, and 'confrontational incidents.' • Burdens on traffic and parking in the area. • An "overconcentration" of facilities in the area. OR 0011 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 8 In a -mails to the City • Ms. Kim Flores (residing nearby) submitted concerns about her daughters' safety (involving residents of 1115 "striking up conversations with her daughters, putting trash cans out late at night, flies from the trash, loud BBOs on Thursday nights, "smoking and cussing," 'guitar and bongo playing" at all hours, and more. • Mr. Steve Merkel expressed general concerns about recovery facilities on the Peninsula and that "(recovery facilities) increase the City's expenditures and ... decrease property values." • Terry and Laurie McKenzie noted their concerns about "hurting home values; the fact that recovery facilities are a "for -profit business' and that they were a "burden on City services." • Ms. Ronel Mathena wrote about cigarette smoke, offensive language and noise. She complained that "residents stare at me" and that "they never dose their blinds" She "saw a driver of Ocean Recovery smash into a parked car in front of the 1115 West Balboa Boulevard and run screaming into the building" and notes 'serious parking problems... because the garage (is blocked)." She wrote that "the residents wander around the neighborhood unsupervised all the time. T here is constant turnover at the home. There is always a brand new set of troubled young men.... One Ocean Recovery resident directly threatened my daughter. I ran up to him in front of 1115 West Balboa Boulevard and got him to back off by screaming at him that 1 would call the cops. The staff said they were sorry and the person disappeared." In letters to the City: • Mr. Paul Lopez noted the proximity of his home to this facility (1115 West Balboa Boulevard) and other group residential uses, Including 1132 West Balboa Boulevard, 1216 West Balboa Boulevard, 1129 West Balboa Boulevard, decrying an overconcentration in this area. He expressed concern about: • The Narcotics Anonymous meeting on Saturdays at 9:30 a.m. on the beach off of 15"' Street • During summertime, the (1115 West Balboa Boulevard) garage doors are regularly raised, permitting unwanted group conversation, profanity, yelling, and other unacceptable behavior to invade the privacy of neighbors. • 'Many (Ocean Recovery) clients own cars that are regularly parked on West Balboa Boulevard. Although clients sometimes travel by van to outside meetings, they continually come and go In their own cars throughout the day. Additionally, visitors to this facility also park on West Balboa Boulevard. " • Numerous clients at the 1115 facility constantly smoke cigarettes in the courtyard, in front of the facility, and behind the facility. It is not uncommon for 10 -20 individuals to smoke at the same time in these areas. At the facility's regular Thursday evening barbecue —which individuals from other sober living locations andlor recently departed residents attend — the number of smokers can exceed 40 individuals. The courtyard where most smokers gather is within fifteen OR 0012 Ocean Recovery, LLC (PA200 8-101) February 12, 2009 Page 9 feet of four other residences that abut the property. This is a genuine health and safety concern for all of us who live within range of this secondhand smoke. When Ocean Recovery first opened, a full -time manager lived on site. He has since left, and I am not aware that Ocean Recovery has replaced him. If they have, I have not been able to distinguish the new manager from the other residents. This lack of leadership and poor management has led to an increase in noise level (e.g., residents yelling at each other, fighting, loud stereos, bud TVs, etc.) and behavior detrimental to the neighbors at all hours of the day and night. I don't think there is even a curfew, as I see and hear clients leaving the facility on bikes at all hours of the night, residents' cars pulling up in the alley in the late evening with stereos blasting, and large groups of clients gathering in selected rooms and making noise well into the night. The profanity that emanates from the facility on a daily basis is disgusting and offensive to anyone who can hear. Groups of residents frequently loiter aimlessly in front and behind the facility. They are intimidating to other residents and visitors and rude to those who approach them about unreasonable behavior. A friend visiting our home was afraid to get out of her car that was parked in front of the 1115 West Balboa facility, as she was intimidated by the group that was loitering and smoking there. She had to calf me from her mobile to come get her (NOTE: Ocean Recovery staff asserts that in this instance, the individual had hit a car — a car related to the Ocean Recovery operation — while parking). The amount and handling of trash from the -facility at 1115 West Balboa Boulevard is overwhelming to the local neighbors. Cigarette butts, wrappers and soda cans litter the front and back of the facility. Enormous amounts of trash are taken out late Sunday evening to the detriment of sleeping neighbors. Trash cans are left out after pickup for sometimes as long as three days. Despite repeated requests that trash be taken out earlier and that trash cans be taken back the aftemoon of pick-up, Ocean Recovery has not cooperated on any lasting basis. The amount of trash, poorly bagged and organized, is creating a significant bug problem for neighbors. Additionally, the side yard is routinely used as a space for trash and a dumping ground for excess fumiturelappl"rances. Despite several requests to keep this area clean and presentable --as it is within 3 feet of my front door it requires constant nagging to ensure that this is done. Mr. Larry Mathena submitted concerns including secondhand smoke, 'multiple run - ins with residents of the facirdies," beer near the residence hidden by a resident at 1115 West Balboa Boulevard, lack of privacy, an obligation on Mr. Mathena to act as site supervisor because not enough supervision exists onsite, offensive language, loud music late at night, littering (especially with cigarette butts), an attack on one of his daughters, elimination of required on -site parking, a lack of area parking during familial visits and Thursday night AA meetings, and more. Some of his comments are paraphrased as follows: Correspondence from nearby residents delivered to the City indicate that at the 1115 West Balboa site, Ocean Recovery: • Has eliminated all on -site parking, despite the fact that some of its residents and many of its regular visitors drive and park automobiles at the facility; OR 0013 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 10 • Constantly generates secondhand smoke at the facility which permeates the adjoining neighbors' properties; • Has clients at the facility regularly using inappropriate coarse, vulgar language full of curse words often within hearing range of young girls; • Accumulates dramatic amounts of trash which is stored without proper bagging directly below the open windows of neighbors' bedroom windows, causing odor and bug problems when it is warm; • Has not adequately supervised its clients. There is a reoccurring therm in the correspondences received of inappropriate behavior; • Does not adhere to the required "quiet time" from 10 pm to 8 am, and in violating this requirement, its clients use loud and crude language both late at night and very early in the morning; • Clients participate in the institutionalized weekend alcohol and drug rehabilitation gatherings on the beach at 15th street, just 50 feet away from children utilizing the playground; and • There is evidence of overconcentration of residential care facilities on the 1100 and 1200 blocks of West Balboa Boulevard. Ms. Kristi Verdugo of 1113 West Balboa Boulevard states: • Problems with Ocean Recovery stairs use (personal car, client transport van, and "cleaning lady's vanj of on- street parking because of the converted games. • Secondhand smoke. "One of the (cleaning) ladies sits in the van from 10am until after 10pm - and smokes cigarettes, literally, the entire time." "We have to walk through side -stream smoke to get to our front door; a very intimidating and unhealthy situation.° "(we cannot open the shades and windows) of three rooms of our house°; 'We have eighteen windows in our house and eleven can never be opened." The smoke is almost constant. Constant smoke next door has prohibited my children from being able to play in the backyard • Profanity and noise, especially later in the evening during school nights for Ms. Verdugo's children. She cites all members of her family hearing profanity, inappropriate conversations, TVs "blaring," yelling, laughing, "packing of cigarette packs constantly" and the playing of instruments. • Inappropriate behavior by tenants. The following are quotes from Ms. Verdugo's letter. 'it is a rule for us that our kids cannot go in the backyard alone, ever. feel fear not knowing the various backgrounds of the multiple, ever - changing tenancy next door. This, especially, after my young daughter was given a piece of cake over the fence, from a man next door. We have experienced problems with people looking over the fence and into our windows. This makes it uncomfortable; therefore, we have been forced to keep many of our window shades closed at all times. " Copies of the petition and correspondence submitted are attached as Exhibit 8. _.._ .. OR 0014 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 11 ABOUT THE PUBLIC INPUT City staff is concerned about the comments from area residents. However, some of the comments should not be factors considered by the Hearing Officer. These include: • Declining home values. The belief that the presence of recovery facilities is any more impactful on property values than changes in the housing market, long -tens rentals, vacation rentals, or other non- single family uses has .been challenged nationwide. • Ocean Recovery's clients' participation (or lack thereof) in the Saturday at 9:30 a.m. Narootics Anonymous ( "NA°) meetings at ie Street. Ocean Recovery has consistently said that its residents do not attend that meeting. • Allegations that recovery homes are a cost burden to the City. There is no evidence to suggest that recovery homes cost the City any more in services than a typical multi- family building housing the same amount of people, whether that is in police or emergency medical calls for service or trash collection. • Allegations that this specific use at 1115 West Balboa Boulevard is too dose to Newport Elementary School. This use Is roughly 740 feet away from Newport Elementary School. While the NBMC ( §20.91A.060D.1.) allaws the Hearing Officer to consider "the proximity of the use location to schools, parks, other residential care facilities, outlets for alcoholic beverages and any other uses which could be affected by or affect the operation of the subject use (emphasis added)," there is no evidence on the record that Newport Elementary School — at 750 feet away — affects or is affected by this specific use. • General comments about recovery homes citywide, without directing specific comments to the operation at 1115 West Balboa Boulevard. However, several allegations made by the neighbors are troubling, and may show the operators inability to manage the client load at 1115 West Balboa Boulevard in a manner that is respectful of this residential neighborhood's peace and quiet enjoyment. Specifically: • Threatening, confrontational, or age4nappropriate interactions of clients with neighbors; • Excessive profanity, especially when youth are nearby; • Excessive noise, as well as noise late at night; • Poor and inappropriate responses from clients when neighbors attempt to remedy bad interactions, noise concerns, or profanity by themselves; • Excessive secondhand smoke, more than one would expect if the facility held an identical amount of persons not in recovery; • Trash problems — odor, vectors, cans placed too early and removed too late; • Curfew violations; and • An apparent lack of adequate on -site supervision. OR 0015 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 12 At the same time, there is an unlicensed sober home two doors west of 1115 West Balboa Boulevard at 1129 West Balboa Boulevard. 1129 West Balboa Boulevard is scheduled for abatement after February 22, 2009. An Ocean Recovery representative asserts that much of the problems that residents have identified are caused by residents at the 1129 West Balboa facility. It is nearly impossible for City staff to know which is true. it is certainly true that a successful abatement of the 1129 West Balboa Boulevard use could reduce some of the problems identified above. While City staff expects abatement to be successful, at the date of this staff report, that remains uncertain. A condition of approval is included to attempt to address this uncertainty. N LYSIS Pursuant to NBMC Section 20.91A.040, the Hearing Officer is designated to approve, conditionally approve or disapprove applications for use permits, and the Hearing Officer's decision may be appealed to the City Council. Pursuant to Section 20.91A.060 of the NBMC, the Hearing Officer shall make certain specific findings before approving or conditionally approving an application for a use permit in a residential district Should the Hearing Officer make the deternination to approve or conditionally approve an application for a use permit, the Hearing Officer may impose conditions suitable to assure compatibility of the proposed use with other uses in the vicinity. In order to approve or conditionally approve an application for a use permit, the Hearing Officer shall make each of the 11 findings listed in Section 20.91.035 (A) and in Section 20.91A.060 of the NBMC. Failure of the Hearing Officer to make one or more of these findings shall constitute grounds to deny the use permit application. For ease of review, and to eliminate redundant statements in each finding, staff has prepared a Findings Chart (Exhibit 2) that • Cites each finding by section; • Explains each finding in general terms; • Describes if the finding can be made with this facility without conditions; and, if not • Describes if the finding can be made with this facility with conditions. The Findings Chart shows how four critical areas need to be addressed in order for all eleven findings can be made. These four areas, and a discussion about each, follow. 1 — Ovemoncentration of Group Residential Uses. Within the mid - Balboa Peninsula area, the Hearing Officer, using the City's Ordinance No. 2008 -05 (Section 20.91A.060 D.3) has determined that a block length is 617 feet in length, which is the calculable median block length within the Nonstandard Subdivision Areas, including Balboa Peninsula. The proposed Ocean Recovery facility is the only proposed residential care facility on the south side of West Balboa Boulevard within a block length of 617 feet. Within the same block as the subject property, is a facility located at 1129 West Balboa Boulevard, OR 0016 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 13 which is under an abatement order to dose. The nearest other operating residential care facilities, Balboa Horizons and Newport Coast Recovery, are located within another block on the north side of West Balboa Boulevard. Balboa Horizons was granted approval of a use permit, and Newport Coast Recovery has been denied a use permit. City staff believes that it is appropriate for the Hearing Officer to consider the center of Balboa Boulevard as a dividing line for the purposes of the APA standard. The APA standard does not suggest "drawing a circle' around a proposed use, and applying a distance to it Instead, it suggests 'one or two such uses per block." Because the Chys ordinance considers a block as 'an area that is bounded on all sides by streets," then the homes on the opposite side of Balboa Boulevard are on a separate block. Therefore, with the application of the APA standard of one use per block, the 1115 West Balboa Boulevard facility appears to be appropriately distant from other group residential uses. 2 — Proximity to Other Uses. The proposed Ocean Recovery facility is approximately 1,220 feet from an existing large licensed day care facility and approximately 740 feet from Newport Elementary School, a distance sufficient from these facilities so that the Use, if approved with conditions, would not affect or be affected by the use or operations of these facilities. The proposed Ocean Recovery facility is approximately 1,701 feet from one facility and approximately 1,820 feet from another facility selling or serving alcohol, a sufficient distance from these facilities so that the proximity of the proposed use to these facilities will not affect the ability of the proposed Ocean Recovery facility to fully operate as an alcohol rehabilitation facility. 3 — Management and Operational Issues. The following conditions of approval are recommended in order for the facility to successfully comply with findings related to management and operations: a) Smoking. Ocean Recovery will have to adequately control secondhand smoke. The facility's current operational regulations discourage smoking at the facility: however, the regulations also provide for a designated smoking area within an unenctosed exterior patio of the facility. If approved, the use permit will include a condition of approval requiring that smoking be restricted to a designated area interior to the facility or an area that is enclosed on all sides but can be open to the sky to prevent secondhand smoke from impacting adjacent residences. Smoking outdoors is prohibited. b) Client Transport A facility van provides transportation for the residents on a weekly schedule dispersed within the day and among the days of the week so that van transportation is not concentrated during peak traffic times. Van loading and unloading is conducted in front of the facility along Balboa Boulevard. As part of the approval of this use permit, a condition of approval is included that restricts loading and unloading of van passengers to be conducted within open parking spaces along Balboa Boulevard, and prohibits van drivers from stopping or double - parking in a OR 0017 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 14 traffic lane. When not in use, the van must be parked in one of the facility's garage spaces. c) Curfew and Quiet Hours. The facility must maintain Quiet Hours (where persons on the street or on adjacent properties cannot hear any noise from 1115 West Balboa Boulevard of between 10:00 p.m. to 8:00 a.m. daily. During these quiet hours, all residents must be inside except during emergencies. d) Deliveries. Business products and other packages and goods are delivered to the facility by staff members in their private vehicles to the facility during weekdays between the hours of 9:00 a.m. to 5:00 p.m. These days and tours for deliveries are consistent with normal working hours, and as such, are compatible with and will not adversely affect the peace and quiet of neighboring properties. e) Trash Collection. The facility must hire a commercial bin service, and limit pick -up to one weekday per week between 9:00 a.m. and 5:00 p.m. The bin, when not being dumped, must be stored in a manner acceptable to the City. In addition to the above, given the specific neighborhood concerns about this specific use: • Ocean Recovery shall have at least one qualified supervisor on -site at all times (24 hours a day, seven days a week); • This facility's beds shall be reduced to 14; and • This facility's use permit, if approved, shall be reviewed at the conclusion of a six month period. During the six -month period, the concerns raised herein shall be evaluated by City Code Enforcement staff. At the conclusion of the six month period, Code Enforcement staff shall submit an evaluation of the facli ty's operations to the Hearing Officer for a scheduled public hearing with a recommendation as to: j (a) continuing the same use with the same occupancy level; (b) reducing number of beds further if conditions have not improved; (c) increasing beds if conditions have substantially improved and de- concentration has occurred in this area of the Peninsula, or (d) revoking the use permit. 4 — Parking and Assembly Uses. See discussion in the Public Input section above. Conditions of approval required to mitigate these concerns are: • All converted garages must be converted back and used for parking only; • Ali assembly uses must cease, except those that involve client residents of the facility (and in some cases small meetings of a client's family members with facility staff); and • All interactions whereby a client resident's identity is released or known to non - clients must comply with ADP rules and regulations • The six cleared off - street parking spaces shall be used solely for. • Staff parking; • Visitor and family member parking; and/or • Client transport vans. • Clients are prohibited from having personal vehicles during their stay at 1115 West Balboa Boulevard. OR 0018 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 15 5 — Traffic and Generated Trips. The Institute of Transportation Engineers (ITE) establishes and publishes standards for trip generation rates based on the use classification of a site. In the case of an apartment building, the standard trip rate is based on 6.72 average daily trips per each dwelling unit. Trip rates for residential care facilities are based on 2.74 average daily trips per each occupied bed. Based on these standards, a six -unit apartment complex would generate approximately 40 average daily trips. A 12-bed residential care facility would generate approximately 33 average daily trips, and a 14-bed facility would generate approximately 38 average daily trips. The proposed condition of approval restricting the occupancy of the facility to a maximum of 14 residents is arguably more beneficial to the neighborhood than a 16, 18, 20, or 22- bed use as it relates to impact on parking and traffic than if the property were utilized as a six -unit apartment complex. REQUIRED FINDINGS In analyzing the application staff is able to establish supporting evidence to make all of the 11 required findings per NBMC Sections 20.91.035 (A) and 20.91A.060. The required findings, and discussion of each finding are as follows: NBMC Section 20.91.035 (A) Findings 1 through 4: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. The use is in conformance with the objectives of this code and the purposes of the district in which the site is located and this finding can be made for the following reasons: The subject property is within an R -2 District, and the proposed use as a residential care facility is a nonconforming use. Nonconforming uses in a residential district are subject to the provisions of Chapter 20.91A of the NBMC. The proposed application for Use Permit No. 2008 -030 is in accord with the objectives and requirements of Chapter 20.91A with respect to the requirement for the submittal of an application for approval of a use permit to continue the use of the subject property as a residential care facility in the R -2 District. The objectives of the code include provisions intended to reduce, through the use permit process, the potential for overconcentration of residential care facilities within a neighborhood and to protect public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use. The City has determined that an overconcentration would exist if more than one residential care facility exists within one block length. Within the mid - Balboa Peninsula area, the City has determined that a block length is 617 feet, which is OR 0019 Ocean Recovery, LLC (PA2008 -101) February 12, 2003 Page 16 the calculable median block length within the Nonstandard Subdivision Areas, including Balboa Peninsula. It is appropriate for the Hearing Officer to consider the center of Balboa Boulevard as a dividing fine for purposes of applying the standard of block length and that a block length does not constitute a 617 foot radius distance surrounding a proposed use on all sides because the City's ordinance considers a block as `an area that is bounded on all sides by streets.' The areas on the opposite side of West Balboa Boulevard are considered as separate blocks; however, in applying the block length standard as being on one side of West Balboa Boulevard, smaller streets such as 120' and 11"' Streets can be streets to be considered within a block in an effort to eliminate the differences in block lengths to achieve a 617 -foot block length standard. The proposed Ocean Recovery facility is the only proposed residential care facility on the south side of West Balboa Boulevard within a block length of 617 feet Within the same block as the subject property, a facility is located at 1129 West Balboa Boulevard, which is under an abatement order to close. The nearest other operating residential care facilities, Balboa Horizons and Newport Coast Recovery, are located within another block on the north side of West Balboa Boulevard. Balboa Horizons was granted approval of a use permit, and Newport Coast Recovery has been denied a use permit. For this reason, the proposed Ocean Recovery facility, if approved with conditions, would be compatible with the residential character of the surrounding neighborhood and would not contribute to creating an institutional character for the area. The proposed Ocean Recovery facility is approximately 1,220 feet from an existing large licensed day care facility and approximately 740 feet from Newport Elementary School, a distance sufficient from these facilities so that the use, If approved with conditions, would not Impact the use or operations of these facilities, or be detrimental to the public health, safety, peace, morals, comfort or welfare of persons residing or working in or adjacent to the neighborhood of such use.. 2. Finding: That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the Genera( Plan and the purpose of the district In which the site is located; will not be detrimental to the public health, safety, Peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The location of the proposed use is consistent with the General Plan and, if approved with conditions, will be consistent with the purpose of the district in which the site is located and this finding can be made for the following reasons: General Plan Policy LU 6.2.7 directs the City to regulate day care and residential care facilities to the maximum extent allowed by federal and state law so as to OR 0020 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 17 minimize impacts on residential neighborhoods. Approval of a use permit for the proposed Ocean Recovery facility includes conditions regulating the use and operational characteristics of the facility, including a reduction in the number of beds within the facility, control of secondhand smoke, noise, and transportation of clients. A use permit conditioned to regulate the use and operational characteristics of this facility is consistent with this policy. The continued use of the facility as a residential care facility will be subject to conditions of approval requiring that the facility be operated in a manner to ensure that its operation will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons resitting or working in or adjacent to the facility. Current operational standards and proposed operational standards to be used by the facility in the future will be implemented through the.adoption of conditions of approval attached to this use permit action. To achieve this Finding, the facility shall adhere to the following recommended conditions of approval; a. Ocean Recovery shall have at least one qualified supervisor on -site at all times (24 hours a day, seven days a week); b. The facility must maintain Quiet Hours (where persons on the street or on adjacent properties cannot hear any noise from 1115 West Balboa) of between 10:00 p.m. to 8:00 a.m. daily. During these quiet hours, all residents must be inside except during emergencies. c. This facility's beds shall be reduced to fourteen (14); and d. This facility's use permit, 9 approved, shall be reviewed at the conclusion of a six month period. During the six -month period, the concems raised herein shall be evaluated by City Code Enforcement staff. At the conclusion of the six month period, Code Enforcement staff shall submit an evaluation of the facility's operations to the Hearing Officer for a scheduled public hearing with a recommendation as to: (a) continuing the same use with the same occupancy level; (b) reducing number of beds further if conditions have not improved; (c) increasing beds if conditions have substantially improved and de-concentration has occurred in this area of the Peninsula, or (d) revoking the use permit. The proposed Ocean Recovery facility is located approximately 1,220 feet from an existing large licensed day care facility and approximately 740 feet from Newport Elementary School, a distance sufficient from these facilities so that the proposed use is not affected by and will not affect the use or operations of these facilities. Ocean Recovery utilizes on -street parking for staff and visitors during special sessions, and family counseling. The facility provides for six on -site garage parking spaces. Approval of a use permit for the facility includes conditions requiring a reduction in the maximum number of resident beds and limitations on assembly uses in order for the facility to be consistent with the NBMC off - street parking requirement to provide one off - street parking space per three beds for a OR 0021 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 18 total of six off - street parking spaces, and provide adequate off - street parking for staff, the client van, cleaning persons' vehicles, and visitors. 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. The facility, if approved subject to conditions included with the use permit, will comply with the operational standards of 20.91A.050 of the NBMC, as outlined in Finding No. 5 below and this finding can be made. 4. Finding: If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use Is consistent with the purposes specified in Chapter 20.91.A and conforms to all requirements of that Chapter. The use, if approved subject to conditions included with the use permit, will conform to the standards set forth in Section 20.91A and this finding can be made as follows. The proposed Ocean Recovery facility is a nonconforming use as specified in Chapter 20.91A of the NBMC and an application for a use permit requesting to continue the use has been filed by Ocean Recovery, the project applicant, consistent with the requirements of Chapter 20.91A. If approved, Use Permit No. 2008 -030 would include conditions of approval requiring the continued use of the subject property as a residential care facility to be operated in a manner that conforms to all requirements of Chapter 20.91A by reducing the number of resident beds within the facility, providing for adequate parking, restricting the potential for secondhand smoke impacts to neighboring properties, ensuring that contact information for the facility is available at all times, and that the facility operates pursuant to the terms of the license issued to the facility by ADP, that other certifications, as appropriate be obtained by the facility, and requiring the names of all owners of the facility to be available to the City. NBMC Section 20.91A.060 Findings A through G: A. Finding: The use conforms to all applicable provisions of Section 20.91A.050. These development and operational standards are summarized as follows: a. No secondhand smoke can be detectable outside the property, b. Facility must comply with state and local law, and the submitted management plan, including any modifications required by this use permit OR 0022 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 19 C. A contact name and number must be provided to the City d. No services requiring a license can be provided if the facility does not have a license for those services. e. There shall be no more than two persons per bedroom plus one additional resident, unless a greater occupancy is requested and granted. Occupancy must also comply with State licensing if applicable. f. If certification from an entity other than ADP's licensing program is available, applicants must get that certification. g. All individuals and entities involved in the facility's operation and ownership must be disclosed. h. No owner or manager shall have any demonstrated pattern of operating similar facilities in violation of the law. The use, if approved subject to conditions included with the use permit, will conform to the standards set forth in Section 20.91A.050, and this finding can be made as follows. a. The facility s current operational regulations discourage smoking at the facility; however, the regulations also provide for a designated smoking area within an unenclosed exterior patio of the facility. If approved, ft use permit will include a condition of approval that if smoking is permitted at the facility, smoking be restricted to a designated area interior to the facility to prevent secondhand smoke from impacting adjacent residences. Smoking outdoors is prohibited. b. The operations of this facility are in compliance with the State ADP license, and as conditioned, the facility will comply with the approved Operations and Management Plan for the facility. C, Appropriate names and contact information numbers are provided within the application, and as a condition of approval of this application, the appropriate "after hours' names and contact information numbers would be provided to the City. d. The Operation and Management Plan for the facility provides that only those services permitted by the facility's ADP license are performed within the facility, The ADP license does not permit treatment services to non- resident clients nor does it allow non- dients to interact with clients unless all clients have signed privacy rights waivers authorizing non - clients to know that the clients are in recovery. I .11ZY3r3 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 20 e. The facility is licensed for a maximum occupancy of 22 residents. The facility contains 11 bedrooms currently occupied by a maximum of two persons per bedroom. This is consistent with the residential occupancy design of the building, and the occupancy standards of NBMC Section 20.91A.050 of two residents per bedroom. f. A condition of approval is included as part of the approval of the use permit requiring the applicant to consider the merits of additional certification available, including but not limited to an Orange County Adult Alcohol and Drug Sober living certification. In the event that the applicant deems such certification inapplicable to this treatment use, the applicant is required to prepare a letter so stating these facts and to submit the letter to the City within 60 days of the issuance of a use permit. g. All employees and management personnel have been disclosed in the application documentation. h. According to information provided in the application documentation the owners and managers of the facility own and operate a similar facility located at 1601 West Balboa Boulevard in the City of Newport Beach. The State of California ADP license for each facility is in good standing and expires in December 2010. However, in the exercise of caution, a condition of approval shall be included directing specifically that all Interactions whereby a client resident's identity is released or known to non -clients must comply with ADP's privacy rules and regulations. B. Finding: The project includes sufficient on -site parking for the use, and traffic and transportation impacts have been mitigated to a level of insignificance. This project, as conditioned, will include sufficient on -site parking and this finding can be made for the following reasons: The NBMC requires off - street parking and loading spaces for a residential care facility at a ratio of one space for every three beds. The facility provides a total of six off -street parting spaces. However, the facility is licensed for a total of 22 beds requiring provision of eight off - street parking spaces. If the maximum permitted occupancy of the facility is limited to 14 beds or less, the facility will provide adequate off - street parking to meet the parking requirements of the NBMC. Use of the garage for storage and purposes other than parking is a prohibited use. As a condition of approval, the applicant is required to make available and maintain all areas designed for parking, including the existing six garage spaces, for parking purposes. Currently, client residents are not permitted to have personal vehicles on -site except for a limited number of clients nearing the end of their stay, permitted by the facility to use their personal vehicles to drive to and from work. Ocean OR 0024 Ocean Recovery, LLC (PA200 8-101) February 12, 2009 Page 21 Recovery utilizes on- street parking for staff and visitors during special sessions, and family counseling. In order for these activities to continue, the following conditions shall apply: • All assembly uses must cease, except those that involve client residents of the facility (and in some cases small meetings of a client's family members with facility staff); • Client residents shall not be permitted to have vehicles during their stay at Ocean Recovery; • On -ske parking garages shall be kept clear and available for parking of vehicles at all times; • The operator shall make parking available for a minimum of four staff members per daytime shift, one staff member per nighttime shift, and visitors. To fulfill this requirement the facility may utilize six on -site parking spaces and up to three on- street permit parking spaces. In order to use the on- street parking spaces, all six garage spaces must be occupied with staff or visitors vehicles; • The operator shall purchase three master parking permits from the City for use of on- street parking; • The facility's use shall not occupy more than three on- street parking spaces at any time; and • The client transport van, when not in use, must be parked in a garage space. A facility van provides transportation for the residents on a weekly schedule dispersed within the day and among the days of the week so that van transportation is not concentrated during peak traffic times. Van loading and unloading is conducted in front of the facility along Balboa Boulevard. As part of the approval of this use permit, a condition of approval is included that restricts loading and unloading of van passengers to be conducted within open parking spaces along Balboa Boulevard, and prohibits van drivers from stopping or double- parking in a traffic lane. C. Finding: The property and existing structures are physically suited to accommodate the use. The property and existing structures are physically suited to accommodate the proposed use and this finding can be made as follows: The building is similar to many other residential structures along West Balboa Boulevard constructed on a parcel that measures approximately 60 feet wide by 100 feet deep. The six -unit building was constructed on two lots in 1952 with the approval of Use Permit No. 56, when the subject property was zoned R-3. The City of Newport Beach Fire Department is the responsible agency for Implementing fire protection of all residential care facilities and residences. The OR 0025 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page.22 subject property has an approved fire clearance from the City of Newport Beach Fire Department dated January 3, 2005, for a maximum occupancy of 22 residents, as well as staff. Separate from the use permit, the applicant may be required to conduct an architectural code analysis of the facility to determine if the facility complies with current Building Codes for this occupancy type, or the Building Codes existing at the time the facility was initially issued a "fire clearance." D. Finding: The use will be compatible with the character of the surrounding neighborhood, and the addition or continued maintenance of the use will not contribute to changing the residential character of the neighborhood, such as creating an ovemoncentration of residential care uses in the vicinity of the proposed use. In making this finding or sustaining such a finding, the Hearing Officer shall consider, as appropriate, the following factors: a. The proximity of the use location to schools, parks, other residential care facilities, outlets for alcoholic beverages and any other uses which could be affected by or affect the operation of the subject use; b. The existence of substandard physical characteristics of the area in which the use is located such as lot widths, setbacks, narrow streets, limited available parking, short blocks, and other substandard characteristics which are pervasive in certain areas of the City of Newport Beach, including portions of West Newport, Lido Isle, Balboa Peninsula, Balboa Island, Corona del Mar and Newport Heights, which portions were depicted on a map referred to as the Nonstandard Subdivision Area presented to the Newport Beach Planning Commission on September 20, 2007 and on file with the Director of Planning; and C. Whether, in light of the factors applied in subsections 20.91A.D.1 and D.2, it would be appropriate to apply the American Planning Association standard of permitting one or two such uses per block. Median block lengths in different areas of Newport Beach widely range from 300 feet in the Nonstandard Subdivision Areas to as much as 1,422 feet in standard subdivision areas. The average calculable block length in much of the standard subdivision areas is 711 feet and the calculable median block length is 617 feet The Hearing Officer shall apply the American Planning Association standard in all areas of Newport Beach in a manner that eliminates the differences In block lengths. In making this determination, the hearing officer shall be guided by average or median block lengths in standard subdivisions of the City. The Hearing Officer shall retain the discretion to apply any degree of separation of uses, which he or she deems appropriate in any given case. A copy of the American OR 0026 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 23 Planning Association standard is on file with the Director of Planning. The proposed use, as conditioned, will be compatible with the residential character of the surrounding neighborhood and will not contribute to creating an institutional character for the area, and this finding can be made for the following reasons: The proposed Ocean Recovery facility is approximately 1,220 feet from an existing large licensed day care facility and approximately 740 feet from Newport Elementary School. The subject property is a sufficient distance from these facilities so that the use will not impact the operations or use of these facilities. The proposed Ocean Recovery facility is approximately 1,701 feet from one facility and approximately 1,820 feet from another facility selling or serving alcohol, a sufficient distance from these facilities so that the proximity of the proposed use to these facilities will not affect the ability of the proposed Ocean Recovery facility to fully operate as an alcohol rehabilitation facility. The objectives of the code include provisions to ensure, through the use perrnil process, that a proposed residential care facility is compatible with the surrounding residential neighborhood, and specifically, that the approval of a use permit for the continued operation of a residential care facility does not result in an institutionalization of the surrounding neighborhood through an overconcentration of facilities. The subject property is located in the mid - Balboa Peninsula area which is a part of the Nonstandard Subdivision Area. Inasmuch as Section 20.91A 060 (D.3) indicates median block lengths in different areas of Newport Beach widely range from 300 feet in the nonstandard subdivision areas to as much as 1,422 feet in standard subdivision areas, a block length for the mid - Balboa Peninsula area where this use is located may be established. In order to establish a block length for the mid - Balboa Peninsula area, the City has determined that it is appropriate to apply a median block length pursuant to the standards of the American Planning Association. The City has determined that a calculable median block length of 617 feet is a reasonable block length for purposes of evaluating the mid- Balboa Peninsula area. The placement of more than one residential care facility per this median block length in the densely populated mid - Balboa Peninsula area creates a strong likelihood of change to the'character of the residential neighborhood. It is appropriate for the Hearing Officer to consider the center of Balboa Boulevard as a dividing line for purposes of applying the standard of block length, and to determine that a block length does not constitute a 617 -foot radius distance surrounding a proposed use because the City's ordinance considers a block as "an area that is bounded on all sides by streets! The areas on the Opposite side of West Balboa Boulevard are considered as separate blocks. However, in applying the block length standard as being adjacent to one side of West Balboa Boulevard, smaller streets such as 12th and 11t` Streets can be OR 0027 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 24 streets considered within a "block" in an effort to "eliminate the differences in block lengths" to achieve a 617 -foot block length standard. The proposed Ocean Recovery facility is the only residential rare facility located on the south side of West Balboa Boulevard within a calculable median block of 617 feet in length proposed for continued operation pursuant to an approved use Permit. The facility is located within the same block as a facility located at 1129 West Balboa Boulevard which is under an abatement order to close. The nearest other operating residential care facilities are Balboa Horizons, located at 1132 West Balboa Boulevard, and Newport Coast Recovery located at 1216 West Balboa Boulevard. These other facilities are in a separate block located on the north side of West Balboa Boulevard, a 100 -foot wide primary roadway separating the blocks. Balboa Horizons was granted approval of a use permit to continue operations, and Newport Coast Recovery has been denied a use permit E. Finding: The operation of buses and vans to transport residents to and from off -site activities does not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding area. The transportation of residents to and from the site can be managed through conditions of approval so as not to generate vehicular traffic substantially greater than normally generated by residential traffic and this finding can be made for the following reasons: A facility van provides transportation for the residents, and subject to a condition Of approval of the use permit, will provide van transportation for non - resident family members, on a weekly schedule dispersed within the day and among the days of the week so that van transportation is not concentrated during peak traffic times. A condition of approval is included requiring the loading and unloading of the transportation van passengers to occur only in open parking spaces on West Balboa Boulevard, and prohibiting the van driers from stopping or double-parking in a traffic lane. F. Finding: Arrangements for delivery of goods are made within the hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. The use is in conformance with the requirements of this finding, and this finding can be made for the following reasons: Business products and other packages and goods are delivered to the facility by staff members in their private vehicles to the facility during weekdays between the hours of 9:00 a.m. to 5:00 p.m. These days and hours for deliveries are consistent with normal working hours, and as such, are compatible with and will not adversely affect the peace and quiet of neighboring properties. OR 0028 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 25 G. Finding: Arrangements for commercial trash collection in excess of usual residential collection are made within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. With the appropriate conditions of approval, the use will be in conformance with the requirements of this finding and this finding can be made for the following reasons: The Use does not currently contract with a commercial trash collection service. Given past problems and the amount of trash produced at this location, staff believes it should. A condition of approval wilt be required that the facility hire and maintain a commercial bin service, and limit pick -up to one weekday per week between 9:00 a.m. and 5:00 p-m. The bin, when not being dumped, must be stored in a manner acceptable to the City_ SUMMARY As indicated at the beginning of this report, staff recommends approval of this application for the following reasons: 1. The ability to make all of the findings required by the N13MC Sections 20.91.035 (A) and 20.91A.060 with appropriate conditions of approvat. 2. The proposed use is consistent with the purposes and requirements of Chapter 20.91A. If, after reviewing this report, and hearing testimony from the applicant and the public, the Hearing Officer agrees with staffs recommendation for approval, staff requests the Hearing Officer's direction to prepare a Resolution for Approval for adoption at a time and date set by the Hearing Officer. ALTERNATIVES If, after reviewing this report and hearing testimony from the applicant and the public, the Hearing Officer determines that all of the required findings cannot be made, the Hearing Officer should direct staff to prepare a resolution for denial, stating the findings that cannot be made and the reasons for the Hearing Officer's inability to make the findings. A resolution for denial prepared by staff shall to be brought back for action by the Hearing Officer at a time and date set by the Hearing Officer. ENVIRONMENTAL REVIEW This activity has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). This Class of projects has been determined not to have a significant effect on the environment and is exempt from the provisions of CEQA. This activity is also covered OR 0029 Ocean Recovery, LLC (PA2008 -101) February 12, 2009 Page 26 by the general rule that CEQA applies only to projects that have ft potential for causing a significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment and it is not subject to CEQA. PUBLIC NOTICE Notice of this hearing was published in the Daily Pilot, mailed to property owners and occupants within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: .!Ft. , V. ... F* EXHIBITS Submitted by: R 1. Draft Conditions of Approval 2. Findings Chart 3. May 20, 2008, application 4. Staff/ Applicant Correspondence 5. Supplemental Application Materials 6. Van Transportation Routes T. Location Map 8. Correspondence Received from Residents OR 0030 Exhibit No. 1 Draft Conditions of Approval OR 0031 EXHIBIT 1 DRAFT CONDITIONS OF APPROVAL USE PERMIT NO. 2006-030 OCEAN RECOVERY, LLC at 1115 WEST BALBOA BOULEVARD 1. Occupancy Level. The operator of Ocean Recovery, LLC, hereinafter referred to as "Operator," shall limit occupancy of this facility to 14 client beds. No more than 14 persons in recovery can reside at the facility. 2. Use Permits Mandatory Review. This use permit shall be reviewed in six (6) months. At the conclusion of the six -month period, the Hearing Officer shall hold a public hearing and may: (a) continue the same use with the same occupancy level; (b) reduce beds further; (c) increase beds if neighborhood concerns have substantially improved and de- concentration has occurred in this area of the Peninsula, or (d) direct staff to begin revocation proceedings. 3. Staffing. Operator shall have enough staff to appropriately and responsibly manage the facility; including at least one qualified manager on site at all times (24 hours a day, seven days a week). 4. Governmental Referrals. Operator shall not provide any services to any client or house any client who has been referred or caused to be referred to Ocean Recovery's facility by any governmental agency, including but not limited to probationers or parolees, due to the limitations that Section 509.9 of the California Building Code places on Group I and R occupancies. 5. Assembly Uses. Assembly uses are prohibited, except those that are limited solely to client residents of the facility and facility staff (and in some cases small meetings of a client's family members with facility staff). 6. Medical Waste. Any and all medical waste generated through the operation of the facility shall be disposed of in accordance with the City of Newport Beach's Municipal Code, all other laws and best industry standards and practices. 7. Trash and Trash Enclosures. Operator shall hire and maintain a commercial bin service, and limit pick -up to one weekday per week between 9:00 a.m. and 5:00 p.m. The bin, when not being dumped, must be stored in a manner acceptable to the City. 6. Smoking and Tobacco Products. Smoking on -site shall be restricted to a designated area interior to the facility, or an area that is enclosed on all sides but can be open to the sky, to prevent secondhand smoke from impacting adjacent residences. Smoking outdoors is prohibited. In addition, Operator will not allow clients, staff, or residents to litter cigarette butts on the ground, floor, deck, sidewalk, gutter, boardwalk or street. Operator's administrators and managers OR 0032 shall actively enforce, on the City's behalf, the City's prohibition on clients' tobacco use on beaches, boardwalks, and piers (NBMC §11.08.080), including when Operator's clients are at "AA" meetings off -site. 9. Parking. Operator shall keep all six parking spaces at the facility open and available for parking for staff, visitors and family members' vehicles, cleaning persons' vehicles, and client transport vans at all times. In the event that visitors to the facility require additional parking, they may use up to three off -site parking spaces at any one time. In order to use the on- street parking spaces, all six garage spaces must be occupied with staff or visitor's vehicles. The operator shall purchase three master parking permits from the City for use of on- street parking. Client residents of the facility may not have personal vehicles. 10. Client Transport. Operator shall ensure that loading and unloading of passengers of the facility's transportation van shall occur only in open parking spaces on West Balboa Boulevard or garage spaces. The van driver is prohibited from stopping or double- parking in a traffic lane to load and unload passengers. In addition, client drivers shall respect all City rules regarding parking and/or stopping and waiting to bad residents. Client transport vehicles shall not block adjacent alleys or street ends. Client drivers shall not leave vehicles in reverse gear if reverse has an audible Mack -up warning sound. Client drivers shall speak to residents at a level protective of neighborhood peace, cognizant of the hour, to avoid waking neighbors. 11. Curfew and Quiet Hours. The facility must maintain Curfew and Quiet Hours (where persons on the street or on adjacent properties cannot hear any noise from 1115 West Balboa except in an emergency) of between 10:00 p.m. to 8:00 a.m. daily. During these Curfew and Quiet Hours, all residents must be inside except during emergencies. 12. Profanity and Lewd Behavior. Operator shall not tolerate lewd behavior, lewd speech, or profanity at the subject property. Profanity at a level audible to neighboring residents may result in an administrative citation issued by the City upon the property owner and operator. 13. Noise. Operator shall strictly adhere to the City's noise standards (NBMC 610.26.025; 10.26.030). Operator shall be responsible for minimizing clapping, stomping, or other noises at meetings or gatherings at the subject property, consistent with NBMC §10.26.030. 14. Route Plans. Operator shall adhere to the Route Plans for transport of its staff, residents, clients, and customers. The Route Plans are included in the Operations and Management Plan. Short -tern interruptions, such as medical emergencies or street maintenance beyond Operators control, are allowable modifications to the Route Plans. OR 0033 15. Deliveries. Business products and other packages and goods are delivered to the facility by staff members in their private vehicles to the facility during weekdays between the hours of 9:00 a.m. to 5:00 p.m. 16. Hotline. Operator shall establish, provide public notice of and operate a hotline for receiving inquiries and /or complaints in reference to its operation of its facility. The phone number need not be staffed 24 hours a day seven days a week, but callers should be responded to within the next 24 -hour period. 17. Stakeholder Group. Upon invitation by the City, Operator 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. 18. Persons per Bedroom. Operator shall not allow more than two clients in one bedroom. This is consistent with the provisions of the ADP license. 19. State licensing, Treatment, and Occupancy. All occupancies at the subject property shall comply with the State ADP License Number 300165AP, which expires on December 31, 2010, and any successor license offering the same treatment services. Operator shall maintain ADP licensing throughout the duration of this use permit. The ADP license does not permit treatment services to non - resident clients nor does it allow non - Clients to interact with clients unless all clients have signed privacy rights waivers authorizing non - clients to know that the clients are in recovery. Therefore, all interactions whereby a client resident's identity is released or known to non-clients must comply with ADP's privacy rules and regulations. 20. Building and Zoning. Operator recognizes that subject property has specific setbacks from the side yards, front yard, and/or back yard per the City's Building and Zoning Codes. Operator will keep these setbacks clear of obstruction, including building obstruction. The orderly storage of trash cans is acceptable in setbacks. 21. Facility Nuisances. The subject property shall not be unsafe, unsightly or poorly maintained. If Operator receives a nuisance violation from the City in regards to any of these issues, Operator shall correct the violation within seven days or contact the City directly to negotiate a mutually-agreeable timeline. 22. Beaches and Other Common Gathering Areas. Operators use of the beadles for meetings, prayer, convematlon, or other gatherings shall show due respect to non - resident visitors, residents, and other beachgoers, thus allowing them to take full enjoyment of the beach. Operator shall not conduct business on the beach (per NBMC §10.08.030). 23. Services to Facility's Clients or Residents. Operator will use industry s best practices to ensure that the facility's clients or residents stay in recovery (inckrding scheduled substance testing, random substance testing, and required OR 0034 counseling). Operator shall ensure that any client or resident removed from Operator's program or facility has the resources necessary to return home. 24. Federal, State and Local Laws. Operator shall comply with all federal, state, and local laws. The issuance of this use permit shall not constitute a waiver of the requirements of any federal, state or local law, including the requirements of the Cafifomia Building Code. 25. Grant of Use Permit. Use Permit No. 2008 -030 is granted to Ocean Recovery, LLC to operate an adult alcohol and /or drug abuse recovery treatment facility for males only, and all clients of the facility shall be classified as disabled, as that term is defined by federal and state fair housing laws. The Operator shall execute an affidavit declaring that all clients receiving services from this facility are disabled persons. 26. Additions or Modifications to Conditions of Approval, or Revocation of Use Permit The Hearing Officer or City Council may add or modify conditions of approval to this use permit, or revoke this use permit upon a finding of failure to comply with the conditions set forth. The City Council may also revoke, modify, or amend this use permit N it determines the conditions under which this facility is being operated or maintained are detrimental to the public health, safety, peace, morals, comfort, or general welfare of the community, or if the facility is materially injurious to property or improvements in the vicinity, or if the facility is operated or maintained so as to constitute a public nuisance. In any proceeding to revoke this use penyk the cumulative effect of violation of two or more conditions shall be considered. 27. Compliance with Conditions of Approval. Any changes in operational characteristics, .including but not limited to the following, shall require an amendment to this use permit or issuance of a new use permit: a. Modification, expiration without renewal, or loss of ADP license. b. Increase in number of client residents. c. Change in on -site staffing. d. Increase in physical capacity of facility including number of beds, number of bedrooms, floor area of facility, etc. Change in the Operations and Management Plan. Request for amendment to any condition or conditions of approval. Change in properly ownership in a manner that causes the majority of the property to be owned by a person or entity not identified in the use permit or its application. OR 0035 h. Alteration and /or loss of approved on -site parking. Upon determination by the City's Planning Director, a change in facility management, a change in facility ownership, or a change in the population served by this facility. Any other material change in the operational characteristics that is not in substantial conformance with the Operation and Management Plan, upon determination by the City's Planning Director. OR 0036 Exhibit No. 2 Findings Chart OR 0037 NBMC Code Secuon SUBJECT PROPERTY: 1115 WEST BAL80A (OCEAN RECOVERY) FINDINGS REQUIRED TO APPROVE THIS GROUP RESIDENTIAL USE PERMIT What the Foding Se vs, Genera iv Is this Fin dint met without conditions? 06 Candlith,mAllaw this Finding W be Met? No I no Visas 410M) isAft atom. w?'M an Wrting fowl of insignificance. .1, r4f, I!tre , A , U , M . 0 qA , . F , ...... . ; ..... ... 20.91.03SA2 . §20.91.035-A.1. who qtv F z 4 WPA ildat 1?, 4 i is a P.O. *d itio K tb I li'm 1*, -oftTlil it Wilt; vArei7ierurdht9fty /llFesuklnoverecn°entnt%n, ., ........ do In f 2 .. ..... �.A it! 14 Yes- conclItIonsirtclude: §2031A,060 - D That the use and Proposed conditions will allow the we to be . Reds capped at 24. a public hearing) to evaluate compliance with conditions, consistent with the General Plan and not be detrimental to . No assembly Uses. 420.91.035 -A.2, public health, safety, peace, morals, comfort, or welfare of . Restore garages f or parking- limit gangs, use for parking No. persons residing In or adjacent to the neighborhood of the use, for staff, transport vim, visitors. and won't be detrimental to the properties or improvements In . Dents may not have can. the Permit, keep the Permit the samm, or reduce or add beds. the Vicinity or to the general welfare ofthe City. . Von pick-up and dm"ff location. , Use Permit review as noted )n 20.91.035-A, 1. ¢10.91.035 -A.3. q. q: apidpos., 4=91.035 -A4. That the PIDPO"d Use complin with Chapter 20,93A No, Yes - winclItIons; include all heroin. §2091A.060 - A 01 O O Co Project Includes sufficlerit an•site Parlift traffic mitigated to a No Yes - Conditions Include the conditions listed for fowl of insignificance. 20.91.03SA2 . *20.91A060 - C too m ad and RM F Recommend a 14-bed count with a 5-month wom, (Including §2031A,060 - D Use will be compatible with the character of the neighborhood Ym Provided abatement a public hearing) to evaluate compliance with conditions, and won't create an overvarcantraolon of residential care uses;, with nearby Group Residential Uses Following the submittal of a compliance report by Code Enforcement, the Hearing Officer could determine to revoke the Permit, keep the Permit the samm, or reduce or add beds. 01 O O Co 0 °w m Exhibit No. 3 May 20, 2008, application OR 0040 , PA2008401 for UP200"30 1115 WEST BA1.8OA BOULEVARD Ocean Recovery, LLC KIN A r T O A N E Y S A T E A W 650 Town Center Drive 1 4th Fbor I Costa Mesa, CA 91626 -1993 71 4- 51 3- 5100 01ke I 714- 513�5130fa, I wweaheppor*",,.rom writers Direct Line 714424 -2846 May 20, 2008 Our File Number: 14YP- 136436 <ra Personal Delivery City of Newport Beach — City Manager's Office Attn: Dave Kiff Group Residential Use Permit Application Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 Re: Use Permit Application for 1115 West Balboa Boulevard & 1601 West Balboa Boulevard Dear Mr. Kiff: As you know, this firm represents Ocean Recovery LLC, operator of two group residential facilities located at the above - referenced addresses. Pursuant to notice received from the City that Ocean Recovery is subject to Ordinance No. 2008 -05 (thc "Ordinance "), and in order to preserve its rights to challenge any aspect of the City's application process and the application of the Ordinance to Ocean Recovery's operations, Ocean Recovery hereby submits the enclosed Use Permit Applications for its facilities, but does so under protest and with full reservation of its rights. Ocean Recoverys applications are submitted under duress and threat of unlawful municipal action, including, but not limited to forced closure of its businesses. Ocean Recovery contends the Ordinance is unlawful for a variety of reasons, including, among other reams, the following: • The Ordinance, and its related enforcement mechanisms such as the use permit application and the standards of conduct required therein as a condition of application, if applied in a discriminatory and unlawful manner, violate the Americans with Disabilities Act ( "ADA "). • The Ordinance and its enforcement mechanisms, if applied in a discriminatory manner, violate section 504 of the Rehabilitation Act of 1973, 29 U.S. Code section 794(a). • The Ordinance, if applied in a discriminatory and unlawful manner, violates the Fair Housing Amendments Act, 42 U.S. Code section 3601, of seq, ( "FHAA ") OR 0041 SHEPPARD MULUN RltrtER & HAWM W City of Newport Beach —City Managers Office Grout Resideatial Use Permit Application May 20, 2008 Page 2 which extended the federal guarantee of fair housing to individuals with disabilities. • The Ordinance, if applied, constitutes a violation of the equal protection clause. 42 U.S. Code section 1983 prohibits an agency or local government such as the City from violating any provision of the United States Constitution or federal statutes under color of law in violation of the 14d' amendment guarantee of equal protection of the law. • The Ordinance as it relates to licensed facilities is preempted by State law. • The Ordinance, if applied in an unfair and/or discriminatory manner, is prohibited by the California Fair Employment and Housing Act ("FEHA "), which prohibits discrimination in providing housing for the handicapped. Ocean Recovery reserves its right to submit Reasonable Accommodation requests in cotmection with its applications, and further specifically protests the City's requirements that Ocean Recovery must establish local need (Evidence of Capacity and Need) for its facilities, or agree to discriminatory and illegal standards such as the City`s Secondhand Smoldng and Good Neighbor policies as a condition of these applications. Based on the foregoing, Ocean Recovery contends that application of the Ordinance to Ocean Recovery, and the attendant use permit application process are un lawful. Ocean Recovery also specifically reserves its rights to challenge the legality of the Ordinance, enforcement thereof, and the use permit process. Such challenges may include, but are not limited to, instituting litigation against the City, should the Ordinance be applied to Ocean Recovery's facilities in an unlawful manner. Please contact tee with any questions. Sean P. O'Cotmor SHEPPARD, MULLIN, RICHTER & HAMPTON td.P „ OR 0042 PA2008 -101 for UP20OM30 111$ W MT BALBOA BOULEVARD Ocean Recovery, LLC GROUP RESIDENTIAL USE USE PERMIT APPLICATION ro H V Q'4401' CITY of NEWPORT BEACH Planning Department Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 949 -644- 3200(phone) 949 -644 -3226 (fax) www.oity.newport- beach.ca.us OR 0043 CLTY OF NEWPORT BEACH GROUP RESIDENTIAL USE PERMIT INFORMATION AND APPLICATION (February 2008) I — Background On January 22, 2008, the Newport Beach City Council approved Ordinance 2008 -05. Among other findings, the Ordinance states that: 17. The City desires to maintain zoning provisions benefiting disabled persons by allowing disabled persons to live in residentiai districts in residential care facdities,!roh9e torbiddtng all othergroup homes in residential districts, but desires to ensure that the uses are consistent with the residential character of neighborhoods and do not recreate an institutional environment that would defeat the purpose of cornmunily -based care. The City further desires to ensure that unlicensed residential care facilities purporting to serve the disabled are operating in compliance with City, state, and federal taws and regulations. To achieve these purposes and to provide disabled persons &0M an equal opportunity to use and enjoy a dwelling in the City's residential zoning districts, and in recognition of the services that may be required by the disabled, the ... ordinance allows residential care facilities, general and small unlicensed, to be located in the MFR zone with a use permit, while prohibiting ell other group residential uses. Residential care facilities, small unlicensed, continue to be permittedin e# residential disthots, as required by State law. 18. To ensure that the City complies with federal and state law, the ... ordinance contains standards and procedures for granting a reasonable accommodation (emphasis added) to Its zoning and lard use regulations, policies, and procedures when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling, where such an accommodation does not cause an undue financial or administrative burden or does not result in a fundamental alteration in the nature of a City's zoning program, as those terms are defined in fair housing laws and interpretive case law. II — Requirements for Use Permit Effective February 20, 2008, Ordinance #2008 -05 to the Newport Beach Municipal Code (NBMC) requires Use Permits for most group residential uses, except for licensed treatment homes (licensed by the California Department of Alcohol and Drug Programs or'ADP*) that serve six (6) or fewer persons and that are not operated integrally with other facilities. Please see www.city.newport-beach.ca.us then 'Group Residential Uses' for more information about the Use Permit requirement. NBMC Title 20.91A is on the City's websde as well, under 'City Council" then 'City Charter and Municipal Code." According to Newport Beach Ordinance 2008-05, your facility Requires a Use Permit if you are a group home or similar use that has Legally been in operation up to and including the date of February 20, 2008 (a Category 1 Facility). Operators of Category 1 facilities must apply for a Use Permit no later than May 20, 2008. NOTE: If your use has been operating without required approvals and/or in a manner not meeting regulations (such as offering treatment without an ADP License, opening or expanding during the City's moratorium period (April 24, 2007 through February 20, 20081, or operating without the City's Federal Exception Permit [FEP) when one was required for your use), you may be Ineligible to apply for a Use Permit under Ordinance 200805. • Requires a Use Permit 't you are an Individual, firm, or other entity proposing to open and operate anew group home or similar use on or after February 20, 2006 (a Category 2 Facility). Category 2 faciiily operators must apply for a Use Permit and receive a permit prior to opening your facility. • Is exempt from the Use Permit requirement if your facility is a stand - alone, State - licensed facility serving six (6) or fewer clients (a Category 3 Facility). 2 OR 0044 In addition to a Use Permit, you may need a Treatment License from ADP, a Community Care License, or a Congregate Living Health Facility license from the California Department of Social Services (DSS) or similar agencies. Please contact ADP or DSS via wwvw.ca.00v. N — Procedure for Obtaining a Use Permit Here is the procedure for obtaining a Use Permit for a group residential use:` Aw.11caji . Use Permit applicants are required to: • Submit this written application in a complete form, including all attachments; • Comply with anent zoning ash relates to the facility proposed for this use; • Obtain a valid and appropriate fire clearance from the Newport Beach Fire Marshal. This process may require a comprehensive code analysis by a qualified architect. Decisions by the Fire Marshal may be appealed to the Newport Beach Building and Fire Board of Appeals. • If needed, have the facility pass an Inspection by City staff in terms of the facility s safety and compliance with local zoning. Hearing. When the City receives a completed application, the City win review it and prepare the Application for a public hearing before an impartial Hearing Officer. The Hearing Officer may conditionally approve or deny a use permit at this hearing. Prior to the hearing, the City will mail or deliver notice othe public hearing for the use permit to owners and occupants of property within300' of the proposed use ten (10) business days prior to a public hearing on the use. Decisions of the Hearing Officer may be appealed to the City CouncIXNBMC §20.91A.040). Standards. During the hearing, the applicant, the City and its legal counsei,and area residents may speak about the proposed Use Permit. To Issue a Use Permit, the Hearing Officer must find that the use will adhere to the following standards applicable to the use: • No secondhand smoke can be detectable outside of the property. • Operations must comply with state law, local law, the submitted application, including any modifications to the application required by the Use Permit. • An applicant may not provide services that require a State or other license if the applicant does not have a license for those same services. • There shag not be more than two (2) persons per bedroom plus one (1) additional resident in a building. If an applicant wants to put more than 2 persons in one or more bedrooms, the applicant may request greater occupancy. The Hearing Officer may set different occupancy limits based on structure characteristics, traffic and parking impacts, and the health, safety, and welfare of the persons residing in the facility and neighborhood. • Where certification is available from a responsible entity other than the Califomia ADP's licensing program, applicants must get that certification. Certification by the Orange County Sheriffs program is required; certification offered by the Orange County Sober Living Coatitionis recommended. • Every individual or entity involved in the facility's operation or ownership shall be disclosed to the City. • No owner or manager shall have any demonstrated pattern or practice of operating similar facilities in violation of law whether in or outside of Newport Beach. Findings. In addition to the standards described above the Hearing Officer must make the followhondings if he or she is to issue a Use Permit • The project has adequate parking on4ite. • Traffic and transportation impacts have been mitigated to a level of insignificance. 3 OR 0045 • Structures are suitable for the use. • The use will be compatible with the character of the neighborhood and will not create an over-concentration of residential care uses nearby. To make or sustain these findings, the Hearing Officer shall consider (as appropriate) the following factors: • Flow close the proposed use is to schools, parks, other group homes, alcoholic beverage outlets and any other uses which could be affected by or affect the operation of the subject use: and • Whether the existence of non- standard lots and other property characteristics within a Nonstandard Subdivision Area (see Attachment _ to Ordinance 2008 -05) make such a use inappropriate; and • Whether the Hearing Officer should deem that the American Planning Assoolatlon's (APA's) standard of permitting one or two group uses per block would be appropriate in this case OR whether a greater degree of separation is appropriate (NBMC §20_91A.060.D.1.3). Ordinance 2008-05 describes facts in Newport Beach relating to blocks, which include: • Blocks in the Nonstandard Subdvfsfon Area can be as short as 300'. • Blocks in Newport Beach outside of the Area can be as long as 1,422'. • The calculable average block length in Newport Beach outside of the Area is 711'. • The calculable median block la^gth In Newport Beach outside of the Area is 617'. If the Hearing Officer applies the APA standard, he or she is directed to do so in a manner that eliminates the differences in block Lengths and be guided by the median block lengths in standard subdivision areas of the dry, even if the proposed facility is within the Nonstandard Subdivision Area. The Hearing Officer retains the discretion to apply ANY degree of separation of uses which he or she deems appropriate. • That vans, shuttles, or buses fortransportation of clients will not generate more traffic than normally generated by residential activities nearby. • That the operations do not have goods delivery, service deliveries ,or commercial trash collection during hours that would cause an adverse affect to the peace and quiet of neighboring properties, III —This Document This document details the Use Permit Application in three sections: Section A summarizes briefly the application forms which must be completed and submitted to the City. Section 8 provides a checklist for the documents and forms that you must secure and submitas a part of the Use Permit application. • Section C includes the forms themselves. IV —Whore to Find More Information To assist applicants in supplying the detailed information needed for the Use Permit process, a copy of City of Newport Beach Ordinance #2008.05 is available online atwww city newoort-beach ce us then `Group Resddenfial Uses.' V —Where to Send a Completed Application Please do not bind or place the application in a protective covering. Applicants should retain a copy of completed materials for their records, Please mailor deliver the completed application to: City of Newport Beach — City Manager's office GROUP RESIDENTIAL USE PERMIT APPLICATION Newport Beach City Hall 3300 Newport Boulevard Newport Beach, Caifomia 92663 VI — Public information Information provided by the applicant(s) fora Use Permit will be made available for public review unless otherwise exempted by law OR 0046 Vii — Fees The City may charge a fee for the review of this application up to but not beyond the cost of processing the application. Please consult the City's Planning Department for the type d fee and the estimated amount of fee you can expect to pay associated with this Use Permit application. Vill — Business Tax Certificate (aka Business License) All persons operating a group home or similar use In Newport Beach, except for those personsoperating a stand -alone ADP -licensed facility housing 6 or fewer persons, must apply to the City's Revenue Division and receive a City Business Tax Certificate to beginand /or to continue operations. For more information, please see httwJMww.city.newport-boach.ca.uatrevenue/revenue.htm. IX— Use Permit Application Tlmellnes Here are the timelines and requirements for application submittals: 2 — Category 1 facilities must file a completed application by May 20, 2008. If you do not file a complete application by May 20, 2008, your use is subject to abatementby the EARLIEST to occur of the following criteria (NBMC §20.62.090.A.2X • By February 20, 2009; or • The date an operators lease expires to use the property. This is only applicable If the lease was entered Into prior to December 7, 2007 (NBMC §20.62.090A.2.a.ii); or • The date that an operators Slate license expires Applicants may request reasonable accommodation from theabatement periods described here. See NBMC Chapter 20.98 for more information. 2 — Category 2 facilities must file a completed application and must receive a Use Permitprior to operation. Please note: Filing an incomplete application(s) will delay the Use Permit review process. 5 OR 0047 SECTION A Application c=orms Section A — These are the forms to be submitted to the City to initiate the Use Permit review process. 1. Application Form (Form 100) — This form is the central document by which the City willbase its decision on whether to grant a Use Permit to your proposed use. It must be filled outaccurately and completely, including attachments and signature blocks. 2. Administrator and/or Director Information (Form 150) — This form identifies the administrator and/or director of the facility applying fora use permit. 3. Administrative Organization Information (Forms 200C or 200P, and. if 200C. Form 2000 — These forms identify the entity applying fora Use Permit, whether that be aCorporation, Partnership; Sole Proprietorship, or other association. When applicable, Form 200D is a delegation of authority form for a corporate entity. 4. Evidence of Capacity and Need Per NBMC §20.91A.030 (E), applicants that have more than one facility must provide evidence of the need by residents of Newport Beach for this capacity based on published sources. 5. Location Ma The Location Map (required by NBMC §20.91A.030.D) is intended to show the location of the proposed use plus all known similar uses within a three -block radius. 6. Site Plan This diagram (required in part by NBMC §20.91A.030.1) is intended to show the facility's building footprint and property lines. Include property lines and building footprints on immediately adjacent parcels. T. Building Diagram and Floor Ptan This diagram (required in part by NBMC §20.91A.030.1) is Intended to show all building(s) to be occupied; including a floor plan of all rooms intended for residents' use. It must identify the number of residents per bedroom andthe location and the number of beds for all residents, including the location of beds for infants and other nonambulatory persons. Any rooms identified as bedrooms must comply with the NBMC's definition of what constitutes a bedroom NBMC §20.03.030), and that room must be consistent with permitted floor plans on file with the City of Newport Beach's Building Department. 8. Route Map (for Transit Purposes) The Route Map is intended to show transit and travel routes that will be used to transport clients oft -ske, showing destinations of travel and approximate times of departure and return. 9. Disposal Plan for Medical and /or Bio-Waste. Applicants who will be disposing medical waste or other bio -waste must provide a Disposal Plan showing how and where base wastes are disposed of (required by NBMC §20.91A.030.1). 10. Facility Staffing Data (Form 400) — This form identifies all facility personnel, including back -up persons and volunteers providing services. 11. Weekly Activities Schedule (Form 500) — This form indicates the weekly schedule for specific activities at the property. 12. Approved Fire Clearance from the Newport Beach Fire Marshal State ADP Form 850 is appropriate for this purpose. Form 850 is attached to this document. 13. A true and correct copy of Your State License Application (if apoticabie) — Please provide a current copy of your State (ADP, DSS, or other) License application, if your facility is a State - licensed facility orifa State license is pending. If yourfacilkydoes not require a State license, this section is not applicable. 6 OR 0048 SECTION B Applicant Checklist i ms side for mtemai use um YES NO INC WA ® 1. Form 100 (standard Group Residential Use Permit Application) ® 2. Form 150 (administrator or director information) ® 3. Either Form 2000 or Form 200P (Corporation or Proprietorship) ® a. If Form 200C, Delegation Form (Form 200D) ❑ 4. Evidence of Capacity and Need ® 5. Location Map ® 6. Site Plan ® 7. Building Diagram/Floor Plar(s) ® 8. Route Map (Transit and More) ❑ P. Disposal Plan for Medical & Bio-Waste WA ® 10. Facility Staffing Data (Form 400) ® 11. Weekly Activities Schedule (Form 500) ® 12. Approved Fire Clearance from the Newport Beach Fire Marshal ® 13. Copy of ADP Licensure Application (if applicable) ® 14. Use Permit Processing Fees i] 15. Certification Documents (OCSD, OC Sober Living Coalition) OR 0049 SECTION C Fomis OR 0050 PA2008.101 for UP2008 -030 1115 WEST BALBOA BOULEVARD Ocean Recovery, LLC City of Newport Beach GROUP RESIDENTIAL USES — USE PERMIT APPLICATION STANDARD GROUP RESIDENTIAL USE PERMIT APPLICATION (Form 100 —Revised March 2008) APPLICANTIFACILITY PROGRAM INFORMATION STEP 1: Completely fill out Form 150 (attached). STEP 2: Fill out the following: TYPE OF ORGANIZATION: ® For Profit ❑ Nonprofit ❑ Other, please explain: PROPERTY OWNERSHIP: ❑ Own ❑ Rent ® Lease ❑ Other (specify): 1S THE OPERATORIMANAGER ALSO THE LESSEE OF THIS PROPERTY? ® Yes ❑ If no, Please explain: SO IS THE APPLICANT OR PROGRAM OPERATOR PART OF A PARTNERSHIP, CORPORATION, FIRM, OR ASSOCIATION? ® Yes ❑ NO If yes, please fill out and attach ether Form 2000 IN 200C, applicants must fill out Form 2000) or Form 200P, whichever is applicable. 2. PROPg=OWNERMIFORMATION BLACK CAT, LLC Name of Property Owner where facility is proposed (if Corporation, Not name of Corporation) 81[olaw Newport Beach, CA 82850 (Mailing Address of Property Owner) (Clty/State) (ZIP) 1714) 738 -1800 17141738.1801 (Telephone) (Fax number) (E -Mail address) 1115 W Balboa Blvd Newport Beach 07_25108 (Subject Properly Address) Assessor's Parcel Number (APN) OR 0051 3. SIMILAR USES Type of Use Bed Capacity A. Your Firm's Current Uses. Do you or your firm (or any entity or person affiliated with you or your firm) currently operate, manage, or *own other group residential uses In Newport Beach? Site Address ® Yes ❑ No Bed Capacity Site Address If yes, cite address(es) of facility(ies) (attach more pages if necessary): Bed Capacity EXAMPLE: Type of Use Bed Capacity 1234 Main Street Newport Beach _ Unlleensed'Sober LHina' 7 Site Address Type of Use Bed Capacity 1001 W Balboa Blvd Newport Beach ADP Licensed Group Reafdeatial Is Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity 10 OR 0052 B. Other ShMar Uses. What uses, not operated by or afiiligled with You or your firm are of a shrlfiar type as your proposed use here in Newport Beach? Please cite address(es) of racility(ies) (attach more pages 9 necessary): FXMPLE: 1234 Main Street Newport Beach UnNcensed'Sober Living' 7 Site Address Type of Use Bed Capacity 1216 W Balboa @Ivd Newport Beach Group Residential Unknown Site Address Type of Use Bed Capacity 111132W. Do-fte Do—ft Blvd Newport Beach Group (teeklariftl Unknown Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Site Address Type of Use Type of Use Bed Capacity Bed Capacity Site Address Type of Use Bed CapWtty Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity S"rte Address E —IT MO �� Site Address Type of Use Type of Use Type of Use Bed Capacity C., Evidence of Need for this Extent of Use. Per NBMC §20.91A,030 (E), please attach Evidence of Capacity and Need by residents of Newport Beach for this capacity based on published sources. 4. YOUR FIRM'S HISTORIC USES Per the requirements of NBMC §20- 91AL030.G & H, in the oast five (51 Years have you or your firm or any entity or person affiliated with you or your firm operated, managed, or owned other group residential uses in California? If yes, show the site address(es) of each fadity(les) and show whether the fanility(les) have ever been in violation of Federal, State or local law (attach additional pages if necessary): EXAMPLE 1234 Main Street Santa Barbara ADP- Licensed Facility $ 11 - - -._._ _. - -- OR 0053 Street Address, City Type of Use Bed Capacity Has this facility or your operations at this facility, ever been in violation of State or local law? ❑ Yes D No If Yes, please explain: h Facility #f 1115 W. Balboa Blvd, Newport Beach/Greup Residential 22 Street Address, City Type of Use Bed Capacity Has this facility or your operations at this facility, ever been in violation of State or local law? ❑ Yes 0 No If Yes, please explain: Facility #2 1801 W. Balboa Blvd, Newport Beach /Group Residential 18 Street Address, City Type of Use Bed Capacity Has this facility or your operations at this facility, ever been in violation of State or local IaW? If Yes, please explain: FacNy #3 WA Street Address, City Type of Use Bed Capacity Has this facility or your operations at this facility, ever been in violation of State or local law? ❑ Yes ❑ No If Yes, please explain: _ Facility #4 Street Address, City Type of Use Bed Capacity Has this facility or your operations at this facility, ever been in violation of State or local law? ❑ Yes ❑ No 12 OR 0054 )!Yes, please explain: 5. LOCATION MAP AND SIMILAR USES Provide a LocatIQn Map showing the location of the proposed use plus all known conditional uses within a Iiree- block radius. Include the property addresses of the proposed use and known conditional uses. Please consul the Newport Beach Planning Department (949.1344 -3225) for nearby conditional uses. G. SITE PLAN Provide a Site Plan that shows the facility's building footprint and property lines. Include property fines and building footprints on vnmediately adjacent parcels. Note the uses (i.e. singfe tam2y use, group residential use, or othef) on adjacent parcels. 7. LICENSE AND PERMIT HISTORY OF APPLICANT A. Per NBMC §20.91A.030(H), please summarize the license and permit history of each facility applicant or operator has managed, owned, or operated in the State of Cafrfomta within the last Ove (5) years which require either a license or a permit by the State or by a locality (attach additional sheets I necessary): Ocean Recovery LI.0 1114 MY Balboa Blvd Newport Beach*. same as current license and use since 2006• Swan Recovery LLC 1601 W Batboa Blvd some as current license and use since 2002 Name and Address of Facility Please describe the nature of the license or use pennit, the issuing agency, its reference number (if applicable), and any enforcement actions by any agency against the license or use permit Sea attached ADP License and Business Tax Certft e No entorcament actions saalnet license or use B. Has the applicant ever voluntarily surrendered, had a denial, suspension, or revocation of a residential license for an alcoholism or drug abuse recovery or treatment fecdity or a facility licensed by the California Department of Alcohol and Drug Programs (ADP) or the Catitomia Department of Social Services - Community Care Licensing? O Yes ® No If yes, the date license was surrendered, denied, suspended, or revoked: Reason for revocation, surrender, denal, or suspension C. Has the applicant ever voluntarily surrmhdered, had a denial, suspension, or revocation of a Use Permit or similar permit for a group residential use in this community or another community? ❑ Yes ® No 13 OR 0055 _ If yes, the dale Use Permit (or similar) was surrendered, denied, suspended, or revoked: Reason for revocation, surrender, denial, or suspension: D. Has the applicant ever voluntarily surrendered, had a denial, suspension or revocation of a certification by any public or private agency other than ADP or the CaRomia Department of Social Services- Community Care Licensing for a group residential use it this community or another community? ❑ Yes ® No If yes, the date Use Permit (or similar) was surrendered, denied, suspended, or revoked: Reason for revocation, surrender, denial, or suspension: S. MATURE AND CHARACTERISTICS OF PROPOSED USE Per NBMC §20.97A030(A -D), please provide the following information about each proposed facility (attach additional sheets If necessary), The components of this Section S (and other sections) comprise the Operations and Management Plan and Rules of Conduct envisioned by NBMC §20.91A.050.8: A. TYPE OF ALCOHOL ANWOR OTHER DRUG RECOVERY OR TREATMENT SERVICES PROVIDED (for ADPAcensed facilities only — check all that apply): ❑ Nan- Medical Detoxificatlon ® Group Sessions One-on -One Sessions ® Educational Sessions ® Recovery or Treatment Planning ❑ Other: B. NUMBERS AND TYPES OF FACILITY USERS & STAFF: TOTAL OCCUPANCY OF FACILITY (This is the maximum number of individuals who live at the facility and are approved by the fire safety inspector.) These individuals include the residents receiving recovery, treatment or detoxification servioes, children of the residents, and staff. Staff includes individuals who work for the applicant in exchange for either monetary or In -kind compensation (e.g., room and board). Total occupancy cannot be exceeded for any reason. 22 MAXIMUM REQUESTED ADULT RESIDENT CAPACITY OF THE FACILITY (The number of adult residents that receive recovery, treatment or detoxification services at any one time, which cannot be greater than the total occupancy shown above): 22 MAXIMUM NUMBER AND AGE RANGE OF DEPENDENT CHILDREN WHO ARE SUPERVISED BY THEIR PARENT(S) IN THE FACILITY. Thus includes temporary residing (i.e., ovemfght, weekend visits) of dependent children. (Since there must always be at least one adult being served, the maximum number of dependent children housed must be at least one less than the total occupancy, determined by the fire inspector, as shown above): 0 14 OR 0056 Are all clients who reside on -site disabled persons? Yes, undor ADA atandarda Number of staff who will reside on -site: 0 (1 staff members are on duty on -site over night) Maximum number of staff who will provide services during any one week to clients at the fact ity:10 (sporox. 4 staff members on site during the day:1 on site ovgr nintrty Provide the Facil(ty Staffing Form shown as Form 406 to this Application. Total number of employees of provider. Please characterize the nature of staff services to the facliity (i.e., nutritionists, massage therapists, counselors, maids; cooks, etc): Counselors. Adminlstrator, 08ice Manager. Clinical Supervisor Program DWtor, Driver Maximum number of clients who will use the tacdily on any one day but reside elsewhere:0 (Program alumni may attend AA4ype meettnas but maximum total number allowed in sessions does not exceed 30) Maximum number of diem visitors who will visit the facility during any one week: A mmx.10 (by appointment on Maximum number of others who will visit the facility during arty one week Aaprox. I . Please explain: Program alumni and client farulty members may visit. by alopointmepA only. C. BUILDING DIAGRAWFLOOR PLAN Include a Building Diagram showing aR building(s) to be occupied, Including a floor plan of all rooms Intended for residents' use. Include the grounds showing buildings, setbacks, driveways, fences, storage areas, pools, gardens, recreational area and other spaces. Ali sketches shall show dimensions but need not be to scale. Identify the number of residents per bedroom and the location acid the number of beds for all reskents, including the location of beds for infants and other non-ambulatory persons. The Building Diagram supplied with this application must be accurate as to existing condiums in the building and must be consistent with the building plans currently on file with the Newport Beach Building Department for permitted Construction. D. DURATION OF TYPICAL CLIENT STAY IN FACILIIY(in days): 90 days If you wish, please explain: Stays vary from 30 to 60 days E. IS THE FACILITY ACCESSIBLE TO INDIVIDUALS IN WHEELCHAIRS OR OTHER NONAMBULATORY CONDITIONS? 0 Yes ® No NOTE, The Americans with Disabilities Act of 1990 (ADA) Is a comprehensive federal ant-discriminatlon law for people with disabilities. The City reminds all providers of residential recovery facilities that discrimination against persons with disabilities is prohibited. Please contact Newport Beach's Building Department (949644- 3275) for specific ADA requirements that may apply to your facility. 15 OR 0057 I;fl �3I 1q. ACTIVITY INFORMATION Hours which fac,0ity wiI be in use: 02417 ❑ Other (please describe) Will there be a curfew? If so, please note quiet hours: ❑ 10 p.m. —8 a.m. ® Other (please describe) 10:00 P.m. -7:30 a.m. Weekda 12:00 p.m. — 8:00 am. Weekends Besides household activities, what types of care- related activities will occur on -site, and how many residents and non - residents (including staff and clients from other facilities) will attend? ® "AA %type meetings 30 fincL alumni visitors) ❑ Physical Fitness (gym, yoga, etc) ® ADP Treatment (see 5A) 1& ❑ Other wellness (massage, etc) _ ❑ Meal preparation/delivery_ ® Other: Tai Chi Kuna Fu Provide the Weekly Schedule of Services shown as Form $00 to thts Application. DELIVERY INFORMATION: What types of deliveries will occur at the facility and how often (per day or per week— circle whichever is applicable) will they occur? ❑ Laundry Sevices: /day or week ® Trash disposal or recycling: Reaular MunWoai Service: Mondays in winter, In summer []Meals: /day or week ❑ Business products: /dav w week ❑ Correspondence, packages (other than USPS): /day or week Medical Products/Medical Waste Pickup: /day or week ® Other. Bottled water 11week TRANSPORTATION AND PARKING: Will dents residing on -site be allowed to use personal vehicles "or keep them on -site or nearby? ❑ Yes ® No If Yes, describe where clients will park personal vehicles (garage, carport, on -street location, other — If on- street be specific about which streets) If No, describe other modes of transportation that clients will use (bus, other transit bicycle, other). Bus (OCTD), bicycle, van (the facility has a 16-oassenaer van) 16 OR 0058 Please provide a Route Map stowing transit and travel routes that WIN be used to transport clients off -site, stowing destinations of travel and approximate times of departure and return. Will staff serving the facility be slowed to drive personal vehicles to the site? ® Yes ❑ No If Yes, describe where staff will park personal vehicles (garage, carport, on- street location, other— if on- street, be specific about which streets) Street rrarldna— Balboa Blvd and W' Street r NOTE: The City may not authorize on- street parking for clients or staff depending upon how Impacted the facility's streets are. MEDICAL AND BK1 -WASTE NBMC §6.04.120 (Health and Sanitation: Prohibited Materials) prohibits the disposal of certain medical waste or bio -waste into the City's refuse disposal system. Syringes, needles, urinalysis cups, and other waste must be disposed of in accordance with the NBMC and other applicable laws. It you are uncertain as to what wastes can be disposed of in the City's disposal system, contact the City's General Services Department at 94M44 -M6. Applicants who will be disposing medical waste or other bto -waste must provide a Disoosai Plan for Medical and Bio-Waste showing how and where these wastes are disposed of (required by NBMC §20.91X030.1). Please attach the Disposal Plan if applicable. WA J. RULES OF CONDUCT — GOOD NEIGHBOR PRf/yC1PLES If you have them, Please include any documents that describe rules of client conduct and/or Good Neighbor Principles that your facility's staff and clients will adhere to if the City Issues a Use Permit for this facility. The City of Newport Beach has developed Good Neighbor Princ Ales for these uses (see the City's website under Group Residential Uses). Please state whether you agree voluntarily to comply with the City's Good Neighbor Prw*fes: ❑ Yes ❑ No K. OTHER AVAILABLE CERTIFICATIONS NBMC §20.91A050.C.4 directs that applicants shag attain certification (or similar validation), where available, from a governments) agency or qualified non -profit organization. This includes: • The Orange County Sheriffs Department's Orange County Adult Alcohol and Drug Sober Living Facilities Certification Program (see www.ocsd.oro for more information or contact Certificate Coordinator Lt. Jeff Bardzik at 714 -773 -4523 or )bardzlkQocsd ors or Margo Grise at 714 - 773 -4521 at marisenocsd.ora. This certification is required. • The Orange County Sober Living Network (see htfti_,/1wwwsobeftushQ.net/orsM county htmi or contact Grant McNiff at 714 -875 -2954. This certification is recommended, 17 OR 0059 You do not have to Main the OCSD certification to apply for a Use Permit, but we suggest that you attain the certification within a reasonable amount of time (twelve (12) months) following your application submittal. Should a Use Permit be issued, it may include a condition that certification be obtained within a stated tine period. If you have attained this certification prior to applying for the Use Permit verify here that you have attained this certification, and attach the verifying document from the certifying entity: ❑ Orange County Adult Alcohol and Drug Sober living Facilities Certification (required) ❑ Orange County Sober Living Network (recommended) ❑ Other (please describe) L. SECONDHAND SMOKE LIMITATIONS NBMC §20.91A050.A directs that Ono staff, clients, guests, or any other uses of the facility may smoke in an area from which the secondhand smoke may be detected on any parcel other than the parcel Upon which the facility Is located, Check and sign here to acknowledge this requirement and your use's adherence to It ❑ I acknowledge that 1 will control secondhand smoke on my facility such that no secondhand smoke may be detected on any parcel other than the parcel upon which my facility is located. Signature: S. APPUCANT OBLIGATIONS Date: A. The `owner of record' of the property or an authorized agent must sign this Application. Signing the application under Section 10 means that the applicant certifies, under penalty of perjury, that the information provided within the Application and its attacim ents Is true and correct Per NBMC §20.90.030.C, false statements are grounds for denial or revocation. B. The Applicant acknowledges that he or she roust comply with all other Federal, State, and local laws and regulations relating to this use. The Applicant understands that a violation of Federal, State, and local laws and regulations is grounds for revocation of the Permit. The Applicant understands and acknowledges that 9 is against Califomia law to provide treabnent (as defined) in an unlicensed facility. C. 11 the City issues a Use Permit based on the information provided in Oils Application, the Applicant's signature below certifies his or her agreement to comply with the terms of the Use Permit. The Applicant understands and acknowledges that non - compliance with the terms of the Use Permit is grounds for revocation of the Permit.. Revocation of the Use Permit. NBMC 520.96.040.E provides that the City can revoke a Use Permit H: • The permit was issued under erroneous information or misrepresentation; or • The applicant made a false or misleading statement of material fact, or omitted a material fact or • The conditions of use or other regulations or laws have been violated; or • There has been a discontinuance of use for 180 days or more. 10. AUTHORIZED SIGNATUREIS) OF APPLICANT THE UNDERSIGNED ASSURES THAT THE INFORMATION PROVIDED ON THIS APPLICATION IS TRUE AND CORRECT AND THAT THE APPLICANT HAS READ AND UNDERSTOOD HIS OR HER OBLIGATIONS UNDER ANY USE PERMIT ISSUED BASED ON THIS APPLICATION. A It the applicant is a sole proprietor, the application shall be signed by the proprietor. B. If the applicant is a partnership, the application shall be signed by each partner. 18 OR 0060 C. If the applicant is a firm, association, corporation, county, city, public agency or other govemmental entity, the application shall be signed by the chief executive officer or the individual legally responsible for representing the agency. D. The applicant(s) affirms that the facts contained in this application and supporting documents are true and correct. 19 OR 0061 City of Newport Beach GROUP RESIDENTIAL USES— USE PERMIT APPLICATION ADMINISTRATORIDIRECTOR INFORMATION (Form 150 — Februery 2008) IDENTIFYING INFORMATION NAME Arn WCloahe TITLE TELEPHONE NUMBER AT WHICH OPERATOR MAY BE CONTACTED AT Exeatve Director 3 President of Ocean Recovery LLD ALL TIMES WSMIC620.91A.050.6) 1115 W. Balboa Ave. Newport Beath, CA 92661 OTHER NAME(S) USED BY ADMINISTRATORAXRECTOR EDUCATION EDUCATION CIRCLE THE HIGHEST GRADE YOU COMPLETED HIGH SCHOOL GRADUATE YES 1 2 3 4 5 6 7 6 9 10 1112 PASSED HIGH SCHOOL EQUIVALENCY TESTS YES "a Ended Reason for Leaving COMPLETED See above WMAE AND LOCATION OF TO SEMESTER QUARTER CE00"ttar 2002 COLLEGE OR UNIVERSITY COURSE OF STUDY UNITS UNITS DEGREE OBTAINED DATE COMPLETED University of Southern Cardomis Business and DO YOU HAVE A PROFESSIONAL LICENSE OR CERTIFICATE? Yes 19 NO IF 197779 THE FOLLOWING PSythologV Period Held I"WN Agency NIA Business and W Ps RELEVANT TO THIS TYPE OF USE BA 1991 MANAGEMENT EXPERIENCE Type Tale Date Started "a Ended Reason for Leaving See above TO Ocean Recovery LLC CE00"ttar 2002 Present Sat Eagrloyed (Real Estate/Financial Services) TO 1961 2092 New position DO YOU HAVE A PROFESSIONAL LICENSE OR CERTIFICATE? Yes 19 NO IF YES COMPLETE THE FOLLOWING Type Period Held I"WN Agency NIA WORK EXPERIENCE. BEGIN WITH YOUR MOST RECENT WORK EXPERIENCE LIST ALL EXPERIENCE RELEVANT TO THIS TYPE OF USE PERMIT. Dates Name and Address of Employer out]" Reason for L.osvkV FROM See above TO FROM TO r Sign r Date 5 OR 0062 City of Newport Beach GROUP RESIDENTIAL USES — USE PERMIT APPLICATION AWINISTRATIVE ORGANIZATION & DELEGATION INFORMATION CORPORATIONS (Form 200 — February 2008) INSTRUCTIONS: This form must be updated and submitted to the City each time there is a change in officers or change In the corporation. CORPORATION Address City Zip Code Telephone 4001 MacArthur Blvd. Newport beach 92642 {948)223 -8635 Contact Person TNe Telephone Jim McCloskey CEO (949) 223 -8625 _ Names and addresses of all persons who own ten per cent (10X,) or more of stock in corporation. _ Governing Board of Directors a. Number of Board Members b, Term of Office 3 Indefinite Q Frequency of Meetings d. Method of Selection Twice a year Board Officers and Members USE A SEPARATE SHEET FOR ADDITIONAL NAMES Office Name Business Address & City & Zip Code Telephone Number Term Exp. President Jim McCloskey 4001 MacArthur Blvd, Newport Beach. CA 92646 (949) 223.8625 Indefinite Vice- President Secretary Treasurer Paul Schwartz 3419 Via Lido, Suite 310, Newport Beach, CA 92883 (949) 723 -2388 Indefinite Other OR 0063 ti:--hn,ology n ovk: f.-; -well, take- ii VviHn you- --better summer f 4 %c-%tr 1 cis .2 G 14.44•r3 I OR 0065 ® 1 OOiL1G'le pl�.q i>� l IICtA{BT1Y MM � MIDI Y� wR� AMMltY � YtiR18L � ... .. A® MFh� ll Q 7 1MR I/I[!1/Y Ipt MOWt tlIgAM Ci IItl1Yat /RIK MIII� �MIIIO�. f IK �IUf IN�M MME - � MIDI ON ItIl,/'p 'flp -i>bYK m M 4(YAK 1lM i11f'L1(■P MJ�RO �M-t�l w sjw 1 IIVW -Aft{110 VWF- GoIrftl IR �M �! qIf tlb X11( fR pp R 00 sn.N-YL TI141Mi OR 0065 ow y� 1`V 1 e 29YAURN SnTEM r f L A .F r IV f � corAVUn s¢e AND FML ldr- 10 I- A[171p- Mpr fA" f- J�1Y71►f11 t.Y- IYY1MEr i�t � s- I�Y►ws�µi. -��rav w I -llgM I - IY7 OID __ IAALLL A7Y1 Jl,R BL• IfmUl 7we 2 F -i.0 OR 0066 OR 0067 Q � n.x ,rc aet a>no rwr a.sarmo Q a n+o.t Iva iur P#*A %%Ww vane .tea Nmn M -.ua, • ns w rFwvR amN So" mom ,.n-.awa la. �M rn xu Wr_ are as >!vm .etrn -w 1.N -vanm OR 0067 �eN4 'UNf 4 f f 4e y � � 71!1!90116 oil MLr 20 FM raw fff AUW snIM 1 sue save xm 4" Whom ox 4 fAm4fi� MO'E A04k AM1 V fP0[7A_ w y YrR � IOr1 MAW on -I&Mff- wn= Vft • at Sir NltYLl 1ilyG .._ t f f 4e y � � 71!1!90116 OR 0068 MLr 20 FM raw fff AUW snIM 1 sue save xm 4" Whom ox 4 fAm4fi� MO'E A04k AM1 V fP0[7A_ w y YrR � IOr1 MAW on -I&Mff- wn= Vft • at Sir NltYLl 1ilyG .._ OR 0068 h 0 - ro 0, better summer :ity of Newport Beach 3ROUP RESIDENTIAL USES— USE PERMIT APPLICATION 'AGILITY STAFFING DATA Form 400 — February 2008) Jse this form to identify all staff of the facility /program. Designate volunteers by placing a "V' after their name. Employee Name and Title Date Employed Total Time of Recovery Program Experience Total Hours Per Month Scheduled Date of Last CPR Training Date of Last First Aid Training Thom Montgomery 8122103 32 Years 160 5107 5107 Jason Curran 412/05 16 years 160 10/06 10/06 Karen Knab 4/16/07 8 years 20 5/08 3106 Cynthia Eason 5/21/07 2 years 160 5108 5/08 Andy Kellems 12/25/0 4 years 160 10/07 10/07 Eric Rude 9/13/04 5 years 160 5/08 5108 Brian Dunphy 9/17107 3 Years 80 10107 10107 Ryan Thompson 6126/05 3 years 40 10/06 10106 Russell Thomas 4126/08 6 years 160 5/08 5/08 Jim Mccloskey 3/05 8 years 120 pending pending 0 0 V O City of Newport Beach GROUP RESIDENTIAL USES— USE PERMIT APPLICATION WEEKLY ACTIVITIES SCHEDULE (Form 500 — February 2008) WEEKLY SCHEDULE OF SERVICES Time Monday Tuesday Wednesday Thursday Friday Saturday Sunday 6-7 a.m. 7-8 a.m. 2 " a.m. 8-10 a.m. 10.11 a.m. 11 a.m.A2 12 -1 p.m. 1 -2 p.m. 2.3 p.m. 3-4 p.m 4-5 p.m. 5.6 p.m. 6 -7 p. m. 7-8 p.m. TOTAL HOURS PER WEEK OF INDIVIDUAL/GROUP/EDUCATION SESSIONS, RECOVERY OR TREATMENT PLANNING, AND DETOXIFICATION SERVICES (IF PROVIDED): Min. 24 hours Comments: See Attached City of Newport Beach GROUP RESIDENTIAL USES— USE PERMIT APPLICATION OR 0071 L .:; 0 V N Cm , OCEAN RECOVERY FouRdation for Hope Time Monday Tuesday Wednesday Thursday Friday Saturday Sunday 7:45 Wake -up & Wake -up & Wake-up & Wake -up & Wake -up & Meditation Meditation Meditation Meditation Meditation Wake -up & 8:00 Breakfast & Breakfast & Breakfast & Breakfast & Breakfast & Meditation Breakfast & Chores Chores Chores Chores Chores Breakfast & Chores Chores 8:45 10:30 Gym GYM GYM GYM GYM 9:30 Beach Meeting NA 9:30 Beach Meeting AA 12 15 1215 process Group Process Group Process Group Process Group Process Group Process Group 11:15 Process Grou 11:15 1:30 Education Community Recreational 2:30 Education (Primary Relapse Education Meeting Education Outing Leisure Time Prevention 1:00 -2:00 2:30 Assignments /l:]'s (3:OOPM)Martial Arts Assignments/I:1's (2:15PM)Ma ttial Arts Assignments/1:1's Outing Cont. Leisure time 3:30 Assigmrients/1:1's Assignments/I:I's Assignments /1:1's Assigaments/1:1's Meditation Group Outing Cont. Leisure Time 4:00 Primary Process Assinments/1:1's Primary Assignments/1:1's Assignments/1:1's Assignments /IA's Assignmenrs/1:1's 5:00 Pm Dinner Dinner Dinner 5:30 BBQ Dituaer Dinner Diver 6:30 House AA Meeting 6:30 Outside Meeting Outside Meeting Leisure Time Outside Meeting Outside Meeting Outside Meeting pm 10:00 10th Step Group 10th Step Group 10th Step Group 10th Step Group Leisure Time Leisure Time 10th Step Group Pat 11:00 Pm I Lights Out Lights Out Lights Out Lights Out 12:00 Lights Out 12:00 Lights Out Lights Out Schodule State of Californle Department of Alcohol and Drug Programs License In accordance with applicable provisions of the Headh and Safety code of California and Its rules and regulations, the Department of Alcohol and Drug Programs hereby licenses: OCEAN RECOVERYL.L.C. to operate and maintain an adult residential alcohol and/or drug abusel recovery or treatment facllrTy using the fallowing name and location: OCEAN liECOVERY 1115 1115 WEST BALBOA BOULEVARD NEWPORT BEACH, CALIFORNIA 92851 This license extends to the following services: IND(YlOUAL SESSIONS; RECOVERYOR TRE47WENT PLANNING; GROUP SESSIONS; AND EDUCATIONAL SESSIONS Umitations or conditions are listed as hollows. Traat"WRecovery CWW.. 22 MALES ONLY License Number. 300144BP Effec" Data 0110112007 t xpfrefion Date: '1213112008 Authorized Representative Canplaft regarding services provided in #6 fadity Aoutd tre dlrected to: Cwnpialr4 COOrdinator, ReeldendW and OulpatieM Pnograrns CompAar= Branch 1700 K Street, Sa0mmento, CA 98814.4037 (916) 322 -2911 FAX (916) 322 -2658 E-Mm.' LODAMMMadulatea.us Postln a prominent location. This License Is nnf fransfaahfp OR 0073 18/1412E08 2829 9497231288 iru[oFCVavw .. '�. FIRE SAFETY INSPECTION REQUEST CMAN WCUUERY Sae 046- t4tloas oa m.Frio. PAGE 02/05 /aSVCrOW.MtSV.v! ' 'SUAfN � p.yyTirMw MO]ga ""• lVILWIORaWM6 NYIl.YfRC11I(M.MRN SW11�rfM2' 1. Ui,YtlV1 Alf.Ld•JItNK r5+�1 IIGEg8iM0 I ol r U `r vwl AoexoY +ACA %4 Mdt,4AvtAA0 ceSA(WMY a.mvat GA"khmV masse oP ALCANA� 6�A QUI( WeY &WOONnunae uvmw I'100 fA ACDVM GWM LSkG�✓+m�l.YYa� cta J •.��� xmiuuffty -` Kow"em sky 6E a TOM naa� n CWAOM aura.'r ,su�rw�r as .e- —x4o�r FRx.00 Fi�+J 1Zrr:w�.y ;coaEa O�y ay � R pi4a4lV06AYRa.4�OL .. e MRrw GITYOFNEWPORT.� tFJ CH "THMI FIFE MPARTMENT RAW PD. WX 1798 ` aww ce oBnm AWM8 NE7"TBEACKCA 62 IS &M L FIRE PAMMON,of WON .. CORMwono. - a AM MA u a. ' wi�trwSMWCl9w/rr+►W .. fYWmnc uwj/wyww� a�ojxa�u�c+'ywp _ f. f�}jSIJI 1NC 7"M/K -�^ 3 �lfR/.+"� iS�a•°� F. WQMP-' VZWb a. ores -0.S ero�a5a�tpwegWy as Gter� --F�.1 • ,Un4& 1 °14, $ In ; � btd5 each 1S;11C�r S - t bedroom , OR 0074 dF'�PpR -� a �r,reer..r CITY OF NEWPORT BEACH SOLUTIONS BY TIM BSA 3419 VIA LIDO /310 NIWPORT BRACH, CA 9366'3 "Jr ACCOUNT NUMBER: BT30006247 09/30/2008 G; EXPIRATION DATE: INSTRUCTIONS AND CONDITIONS Welcome to the CRY of Newport Beach, and thank you for your business tax Payment This business tax certificate f$ evidence Thal the named business has Maid a tax to conduct the business activity designated, within Ore City of Newport Beach, unlit the eviratlen date shovm. Please ratify the Revenue Division immodiatey if any of the information cn the certificate changes. this certificate Is valid only at the address indicated and must be deplayed In a conspicuous location. if your business is not canduoed at a permanent tocaficn Municipal Code requires that any representative, while transacting business within the clty, cany this certificato. This business lax cert" does not ardhonze the mined business to conduct any activities regwaW by the city of Newport Beach or other agendes. Authorization for such activities must be obtained from the apprgxW a dWaNnants prW to appilosiOn for business tax. Codlfkates are not tranderabia in any other party of person and are not pro - rated. Refunds are not provided onme the certificate has been ist:uad. Your business tear certificate is valid until the sxphation date. end must be renewed annually prior to that dam. Changes in type of ownership (i.e. from a sots Proi'dGiore hil' to a partnership or tiC), nature of busptassr or ownership void tae current ceAitksie and require 1Nrp of and Paym "i for a new aWicabOn. Additional conflicorsa are required if additional types of business adtvly are Wilated at the same eftm, or addtlarai mcetiorha of the same bWnesS are established (Runiclpai Code sections 5.00 through SAS). For your convenience, the Revenue Division wig maif a courtesy renewal notice, pro to the eo0re ion dada, to the billing address of record. Nonvscegx of the notice does not alaviats the IdQuWmart to renew. Panaaios are imposed for late renewal at a rem of 25% per month to a nha%fmum of 100% of the base tax.. The Revenue Division is avag" to answer any quos0ahs mgardng Watn ee tax certification era regtuiremanm. Cep (1µg1 6443141; efr W us at: RevenueHeW®dtymewpprt baaoh.ca.ue, or visit us on the Internet at WWwCkvflM93QdbW&hcaus and view to Municipai Code on•tsts. DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED MY OF NEWPORT BEACH BUSINESS TAX CERTIFICATE THIS TAX PAYMENT .EXPRZES: 09/3012005 � ACCOUNTNUMBER: ST30606247 SERVICE ADDRESS: SOLUTIONS BY TSE ask ills SALBOA BLVD N NRNPORT BIRCH CA 92663 BUSINESS CATEGORY: RISIDINTIAL CARL BVCs, ROM SELLERS PERMIT: NO SXLLRRS i OWNER/PRINCIPAL NAME: ICCLOSRIY, JAMS OWNERSHIP TYPE: LIMITID. LIABILITY COMPANY TAX INCLUDES PAYMENT FOR 0.00 IMLOYIIS DATE OF ISSUE; 09/99/2004 PRINT DATE: 09/27/2007. 161A City of Newport Beach GROUP RESIDENTIAL USES= USE PERMIT APPLICATION REQUIREMENTS OF NBMC §20.90 at seq. NBMC §20.91A.030 speaks to applicants complying with NBMC Chapter 20.90, portions of which are summarized here: 20.91030 Application Filing. A. Required Forms. Applications for discretionary approvals, including but not limited to, amendments, development plans, modifications permts, site plan review, use permits, variances, and coastal permits shall be filed in the office of the Planning Department in writing on forms prescribed by the Planning Director. B. Required Materials. Applications for discretionary approvalsshall be accompanied by all plans, maps, and other materials required by the prescribed forms, unless specifically waived by the Planning Director. The Planning Director may request additional materials deemed necessary to support the application. C. Required Signatures. Application for discretionary approvals may be made by the owner, lessee, or agent of the owner of the property affected. The application shall be signed by the owner of record or may be signed by the lessee or by an authorized agent 9 witfen authorization from the owner of record Is filed concurrently with the application. D. Fees. Applications for discretionary approvals shall be accompanied by a fee as established by resolution of the City Council. 20.90.040 Planning Department Review A. Time Limits and Notification. Within thirty (30) days of the filing of an application, the Planning Department shall determine whether the application is complete and notify, the applicant in writing If the application is determined to be incomplete. B. Incomplete Applications. If the application is determined not to be complete, the Planning Department shall notify the applicant in writing and shall specify those parts of the application which are incomplete and shall Indicate the manner in which thay can be made complete, including a list and thorough description of the specific information or materials needed to complete the application. Upon the receipt of the information or materials needed to complete the application, or any resubmittal of the application, a new thirty (30) day review period shall begin to determine the completeness of the application. C. Extension of Time Limits. Extensions of the time limits of the review period are permitted when mutually agreed upon by the Planning Department and the applicant. D. Waivers. The Planning Director may waive the submission of items deemed unnecessary. E. Exemption for Environmental Review. This section shall not be construed as limiting the ability of the Planning Department to request and obtain information needed to conduct environmental review under the terms of the California Environmental Quality Act. See other aspects of Chapter 20.09 athftp:/ImurficipalcOes.lexisnexis.com/codes/nevmrtbfinda.htm. OR 0076 C. It the applicant is a firm, association, corporation, county, city, public agency or other governmental entity, the application shall be signed by the chief executive officer or the individual "fly responsible for representing the agency. 0. The applicant(s) offirm that the facts contained in this application and supporting documents are true and correct 19 OR 0077 C. If the applicant Is a firm, association, corporation, county, city, public agency or other governmental entky, the appiicatlon shall be signed by the chief executive officer or the individual legally responsible for representing the agency. 0. The apptloanks) affim s that the fads contained in this application and supporting documents are true and correct. 19 OR 0078 Exhibit No. 4 Staff /Applicant Correspondence OR 0079 June 12, 2008 CITY OF NEWPORT, BEACH PLAMING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH. CA 926M (949) 6443200; FAX (949) 8444229 Mr. Sean P. O'Conner Sheppard, Mullin, Richter & Hampton LLP 650 Town Center Drive 0 Floor Costa Mesa, CA 92626-1993 Dear Mr. O'Conner: Subject: NOTICE OF INCOMPLETE APPLICATION Use Permit No. 2008030 Properly located at 1115 West Balboa Boulevard, Newport Beach, CA This letter serves as notification that the Planning Department is in receipt of your application submittal regarding the proposed Use Permit for property located at the above referenced address. Upon review of your submitted application, documents and exhbits, the application has been deemed Incomplete. Please provide the folbwing: 1. A signed affidavit from the property owner authorizing the submittal of the application for a Group Residential Use Permit. 2. A filing fee of $2,200.00 as a deposit against which staff time spent processing the Use Permit application will be billed at an hourly rate of $135.00 per tour. 3. A site plan that shows the fadlitys building footprint and property lines, properly lines and building footprints on the parcels immediately adjaoW to the subject Property including notes as to the existing use on adjacent parcels. 4. A copy of a Preliminary Title Report or property profile that is less than 60 days old that identifies the legal description of the property. 5. Approved fire clearance from the Newport Beach Fire Marshal. 6. A written statement that this is your only facility, or if you operate more than one Wily, submit evidence of the need by residents of Newport Beach for the Capacity of the subject Witty, based on published sources, per the requrrements of NBMC Section 20.91A030. 7. If the factlity disposes of medical and/or bio waste, a plan for disposal of these materials is required. OR 0080 Notice of Incomplete Application Use Permit No. 2008-030 Page 2 In addition to the above, the application must also include submittal of a location map showing all conditional uses within a three block radius of the subject property in order to be deemed complete. City staff will prepare this location map for your application using the City's GIS database and other information. If you have any questions or need assistance, please do not hesitate to contact me at (562) 433 -9444. Sincerely, By _ Debby Linn Contract Planner cc: KCNB Really, LLC, Property Owner J. Kappeler, Code Enforcement Division Manager FUlWSV" l�N WAr - PA2WeA01ri a-=, InomVete.doc OR 0081 SIIEPRAHD MUILL[\ June 27, 2009 City of Newport Beach Planning Department 3300 Newport Bvld. Newport Beach, CA 92658 650 Town Curter Rive i 4th poor I Costa Mesa. CA 92626 -1993 714 - 513 -5100 orfin l 714. 513 -5130 fox l wwwsheppwdem+dln.� s JUL 0120M CITY OF !NEWPORT BEACH Attention: Debby Linn, Contract Planner writer's Dined Line 714 - 424 -2846 Sgo aE&b% [dMIIiaean File No. 14YP- 129937 Re: Notices of Alleged Inco=tete App cation Use Permit No. 3008 -030 (Property Located at 1115 West Balboa Blvd., Newport Beach, CA) Use Permit No. 2008 -031 (Property Located at 1601 West Balboa Blvd., Newport Beach, CA) Dear Ms. Linn: This letter responds to your letters of June 12, 2008 and June 16, 2008, concerning Use Permit Nos. 2008 -030 and 2008 -031, respectively. As those two letters are substantively identical, I am responding to both letters with this single response. This letter responds to the seven (7) enumerated items set forth in your two [!�t_>M Item No. l: Both applications did, in fact, include an affidavit signed by Jim McCloskey, on behalf of the applicant and on behalf of the property owner. We are unsure of any additional information needed. Item No. 2: Your letters state that we must provide a filing fee of $2,200 for each application As you know, we submitted a single filing fee of $4,000. We did so because Dave Kiff told us that this was the appropriate filing amount for two applications. Item No. 3: Both applications did, in fact, include a site plan that shows the building footprint. The site plan/building diagmm/floor plan were combined on.a single document with each application. Perhaps you did not realize that this single document satisfied both requirements. -- OR 0082 SHEPPARD MULUa RICHTER & HAMPM LLP Ms. Debby Linn City of Newport Beach rmne27,200S Page 2 Item No. 4: You request a Copy of a preliminary title report that is less than 60 days old that identifies the legal description of the property. We cannot find any requirement in the application that requires a current preliminary title report, which is why we did not include one. Item No. 5: This item is objectionable, as I have discussed with Robin Clauson. I intend to meet with Robin Clausen and Dave Kiff to discuss this matter further. Item No. 6: This item is objectionable, as I have discussed with Robin Clauson. I intend to meet with Robin Clausen and Dave Kiff to discuss this matter further. item No. 7: Both applications state, at 8.1 (page 17) that the medical and bit, waste disposal Plan requirement does not apply to our operations. This requirement only applies if the facility disposes of medical and/or bio waste. Please let me know if you need any further information. Very y ours, can P. O'Connor for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP w02- WESTIGOWM]74221 cc: Robin Clauson, Esq. Dave Kiff 16MUDFN SS�Pc t CRl' OF NEWPORT BEACH p PtANNM MPPAYWE t 3900 NEWOM 80U ARO NEWMAN se4m CA 92M 4 <hroa.�T (M%6M -9200f IA%NIWa�4]}2C W. Seen P. O'Caxw. Sheppard, LUIM Rkhwr At Rampfan LLP 850 Town CWdK Orin 4a Flow Costa Mess, CA 92826.1993 Dear Mr. OConw. SU*M USe Pemhe Nos. 200&030 and 2008-031 PMpai*bn WSW at 1115 and 1001 West Baboo BmWWd, Nswpart Seai4 CA (Ocean ROOM", t1.C) Thk k in maws to yow btlet d A" 21.2009 in order to darcy h10 of the use pwr+tt applloobw mgtk —wft mkwetoed inyox biro 27.2008 Wear. Repar*V ban No.1: The Cdy app*mgm for a gmop hens Use pam* ragiraa eubrrdaal of on aftWara sVW antler by the property owwr d rwwd of dw wtged properly ar by ew Idesee dew ul*d prop" IFWM n U twrlsation from the valet of hoard is Tied oaraateaty with Ow a k9fim The a ko§oo on Nor kaWdes a apwhm pegs signed by v* aWkan4lk. ,Bm MaCbd" To mnplele Me WPkation for ew Omm Ratmery me permharrMsBa1 of a Wud added Rue tlw PODPNW aarwr Of MODrd vN bar alw be reghdmd. Rapumg Rom No 3: The CAy applkatwl for a W&V lhaaw tm pamd m*dres sldtmtld of a earl flan kdioa6p ew lows kaih m foalpdM, goparly boo, aid ��^9>b d M mdp9oem tgrCeb. The puWw dNfi a **Wnent b m &-W* Stec to CV46AI a em awksbw wah moped to silos tlw m*:w we Wn t f dW MW4F g CWPXaft d ft ule wn11h tlw dwader of tw noVkwhoW. WOOMWIV weeh refired to protdmey of ew beft to • hrces gton Ow property d -mmrww of ft wbjed pared and barwcla * 040com pereak. The VopkWon sut mood an May 20, 2008 aokdee a floor plarh for bm WWI$ of ew UdAY bra le Iatl the req*ed she phi. if you need mwa kbmwoon in wdw b pveparo #w rewhad dk plat I wW be ham to auht you. PuhsrwM to an wnea to you dd W ** 23.2008 from OavM M Bw appropneb ffq fee far to appiodo m has bean reasiwd by ow M mad you uhdtra W VW a hams tta report w8 be obtsked from your epee. Abo RKixkd k to July 23, 2008 ameA was adomwbnfrom Mr. Kit on tlw RMM daddresahg tans 8 and 8 of yacwWW. OR 0084 Um Pe ml Hoa. 2808 -030 and 2008-031 page 2 8 YOU have aeY quee6oru w need aseWkw , ploaae do not hest/ to rnMaA ma at (582) 433 -04". b Omar iumm,m "Fo2m'wup m06fa1A OR 0085 January 2, 2009 F FANNING DEPARTMENT 3300 Newport Boulevard, Building C. Newport Beach, CA 92663 (949) 6443200 Fax: ( 949) 644 -3229 website: www.citv.newoort- beach.ca.us Ocean Recovery, LLC Attention: Jim McCloskey, President 4001 MacArthur Boulevard Newport Beach, CA 92646 Dear Mr_ McCloskey: Subject: Properties located at 1115 West Balboa Boulevard, Use Permit No. 2008 -030 and 1601 West Balboa Boulevard, Use Permit No. 2008 -031 This is to inform you that the City of Newport Beach will proceed with the use permit applications hearing for the above referenced property on Thursday, January 29, 2009, at 4:00 p.m. in the City Council Chambers. This will be a public hearing and will take place before a third -paq hearing officer. The City has scheduled this hearing despite the fact that your use permit applications are incomplete. Please be advised that by scheduling your applications for a public hearing, the City is not deeming your applications complete. The following required materials remain outstanding on your applications and must be received by the City in order to deem the applications complete. Please submit the following materials to the City by January 14, 2009, In order for staff to prepare a comprehensive analysis of your applications for the January 29, 2009, public hearing. Use Permit 2008 -030,1115 West Balboa Boulevard 1. A signed affidavit from the owner of the property on which the facility is located authorizing the submittal of the application for a Group Residential Permit. 2. A site plan for the facility indicating the facility's building footprint, properly lines, and building footprints of adjacent parcels and the uses on these parcels. 1 A preliminary fitle report that is less than 60 days old and which includes the legal description for the property. OR 0086 4. As this facility is one of two facilities operated by Ocean Recovery, LLC, submittal of written evidence of the need by residents of Newport Beach for the capacity of the subject facility based on published sources, per the requirements of NBMC Section 20.91.A.030, is required. Use Permit 2006 -031, 1601 West Balboa Boulevard 1. A signed affidavit from the owner of the property on which the facility is located authorizing the submittal of the application for a Group Residential Permit. 2. A site plan for the facility indicating the facility's building footprint, property lines, and building footprints of adjacent parcels and the uses on these parcels. 3. As this facility is one of two facilities operated by Ocean Recovery, LLC, submittal of written evidence of the need by residents of Newport Beach for the capacity of the subject facility based on published sources, per the requirements of NBMC Section 20.91.A.030 is required. Once the above materials have been submitted to the City we will prepare the public hearing staff report, which discusses your applications, and send a copy of the staff report to you and the hearing officer for review seven (7) days in advance of the hearing date. If you have any questions regarding the process, or I can be of assistance to you in preparing. the above requested items, please do hesitate to contact me at 562 -433- 9444, or Iinnassociatesc8verizon.net Sincerely, D. i.. v c v Debby Linn Contract Planner cc: Janet Johnson Brown, Associate Planner Exhibit No. 5 Supplemental Application Materials OR 0088 Jan 18 2008 11s17nH HP LHSERJET FRX P,1 PROPERTY OWNERS AFFIDAVIT & LETTER OF AUTHORIZATION (1) (We) X —e oex depose and say that n am or we are) the owner(s) of the property (les) Involved in this applicatlon. (1) (We) further certify, under penalty of per)ury, that the statements contained in this AMdavlt and Letter of Attthonzatlon, and the Infomullon harawIth submitted, are In ail respecie true and correct to the best of (my) (our) ' knowledge and beget. As the ownar(s) of record of real property located at k/. �fs%6?ra 8LV0, AJ,B• G+i Vwe oonsent(s) and Woos) Utat -a*1 n may foe permit applications as are necessary to 981n pprovels from the City of Newport Beach for a Use Permit for Residential Care Faatity(les). MM • P1 p tllNC DEPARIW' IM? 020 OR 0089 Lawyers Title Company J..+C wyusTiL� 7530 N. Burbank, CA 1504 .r7 J. ank, CA 42504 Phone: (818) 767.2000 Fax: (818) 504 -4937 Your Reference No: 44539 -NA Property Address: 1115 West Balboa Boulevard, City of Newport Beach, California PRELIMINARY REPORT Dated as of January 7, 2009 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, Lawyers Title - LA hereby reports that it is prepared to Issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or Interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, [ten or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the Printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage and Umitatlons on Covered Risks of said Policy or Pollcles are set forth in Exhibit 8 attached. The policy to be Issued may contain an arbitration clause. When the Amount of Insurance Is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Umltations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the Policy forms should be read. They are available from the office which Issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth In Exhibit 6 of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered It Is Important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting tide to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the Issuance of a polity of title insurance and no liability Is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. OR 0090 gy �tIVtU BRIGHTON ESCROW Title officer: Sue Starr - -LT J020 7nne 970 ARTESIA BLVD. email: tu08tlandam.com � Attn: NASRINA NVARI OUR Fax No.: File No.:o.19080177 �/J�f tw1ya01%lfj�uW • "f VRTB y Your Reference No: 44539 -NA Property Address: 1115 West Balboa Boulevard, City of Newport Beach, California PRELIMINARY REPORT Dated as of January 7, 2009 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, Lawyers Title - LA hereby reports that it is prepared to Issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or Interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, [ten or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the Printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage and Umitatlons on Covered Risks of said Policy or Pollcles are set forth in Exhibit 8 attached. The policy to be Issued may contain an arbitration clause. When the Amount of Insurance Is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Umltations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the Policy forms should be read. They are available from the office which Issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth In Exhibit 6 of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered It Is Important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting tide to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the Issuance of a polity of title insurance and no liability Is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. OR 0090 File No: 14060177 SCHEDULE A The farm of policy of title insurance contemplated by this report is: ALTA Loan 2006 Policy (6- 17 -06) The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Black Cat Equities, LLC, a Califamia Umited Uability Company Subject to Item No. 6 of Schedule 8 - Section 8 herein The land referred to herein Is situated in the County of Orange, State of California, and Is described as follows: SEE EXHIBIT W ATTACHED HERETO AND MADE A PART HEREOF Page 2 OR 0091 File No: 190801.77 EXHIBIT "A" All that certain real property situated in the County of Orange, State of California, described as follows: Lots 19 and 20 in Block 11 of Tract 234, in the City of Newport Beach, County of Orange, State of California, as shown by Map on file In Book 13, pages 36 and 37 of Miscellaneous Maps, in the Office of the County Recorder of said County. Assessor's Parcel No.: 047 - 251 -08 Page 3 OR 0092 File No: 19080177 SCHEDULE B - Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies takes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an Inspection of the Land or that may asserted by persons In possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. S. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records, Page 4 OR 0093 File No: 19080177 SCHEDULE B - Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, I any, and any assessments collected with taxes, to be levied for the fiscal year 2009 - 2010 which are a lien not yet payable. 8. property taxes, Including general and special taxes, personal property taxes. If any, and any assessments collected with taxes, for the fiscal year 2008 - 2009. 1st Installment: SIS,268.51 (Paid). 2nd Installment: $15,268.51 (Open). This amount is valid until April 10, after which Trustor: penalties apply Penalty (including cost): $1,549.85 Due with installment amount if paid after April 10 Land Value $2,686,013.00 Improvement value: $179,248.00 Exemption: $ -0- Code Area: 07001 Assessment No.: 047 - 251 -08 C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. Water rights, claims or title to water, whether or not shown by the puMc records. 2. Covenants, conditions and restrictions as set forth In the document Recorded: in Book 661, page 161 of Deeds This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 3. A deed of bust to secure an indebtedness in the amount shown below, and any other obligations seared thereby. Amount: $1,890,000.00 Dated: September 7, 2004 Trustor: Black Cat Equftfes, LLC, a California limited Liability Company Trustee: Tkor Title Company of California Beneficiary: Pacific Mercantile Bank Recorded: September 22, 2004 as Instrument No. 2004000847514 of Official Records Loan No.: 12002533 Page 5 OR 0094 File No: 19080177 4. An assignment of all monies due or to become due as rental or otherwise from said land, to secure payment of an indebtedness, shown below and upon the terms and conditions therein Amount: $ 1,690,000.00 Assigned to: Pacific Mercantile Bank By: Black Cat Equities, LLC, a California Limited liability Company Recorded: September 22, 2004 as Instrument No. 2004000847SIS of Official Records S. A document subject to all the terms, provisions and conditions therein contained. Entitled: "Hazardous Substances Agreement" Dated: September 7, 2004 By and between: Black Cat Equities, LLC and Pacific Mercantile Bank Recorded: September 22, 2004 as Instrument No. 2004000847516 of Official Records Reference is made to said document for full particulars. 6. The effect of a Grant Deed Dated: December 14, 2007 Executed by: Black Cat Equities, LLC, a California Limited Uabliity Company In favor of: Jack A. Canceilleri, a single man, as his sole and separate property Recorded: January 3, 2008 as Instrument No. 2008000003750 No statement is made as to the valldlty of said document. Please contact your Title Officer for information. 7. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by Inquiry of the partles in possession thereof. 8. Any rights, Interests or claims of the Parties In possession of said land, Including but not grafted to those based on an unrecorded agreemen4 contract or Lease. This Company will require that a full copy of any unrecorded agreement, contract or lease be submitted to us, together with all supplements, assignments and amendments, before any policy of title Insurance will be Issued. 9. Any easements not disclosed by those public records which Impart constructive notice and which are not visible and apparent from an inspectlon of the surface of said land. 10. Discrepancies, mnfllds in boundary ones, shortage In area, encroachments or any other fads which a correct survey would disclose, and which are not shown by the public records. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION- WHICH FOLLOWS FOR INFORMATION NECESSARY TO COHPLFTE THIS TRANSACTION Page 6 OR 0095 File No: 19080177 REQUIREMENTS SECTION: Reg. No. 1: The Company will require a statement of information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Parties: Buyers and /or Sellers Req, No. 2: The Company will require that It be provided with the following with respect to the Califomia limited liability company named below: A. A copy of its operating agreement and any amendments thereto; a. A certified copy of Its artides of organization (LLC -1), any certificate of correction (LLC -11), certificate of amendment (LLC -2), or restatement of articles or organization (LLC -10); and C. A copy of the current Statement of Information form (LLC -12) filed with the Secretary of State. Limited Liability Company: Black Cat Equities, LLC, a California Limited Llablllty Company Page 7 • ' 1 1 File No: 19080177 INFORMATIONAL NOTES SECTION Note No. 1: The information on the attached plat Is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat Is not guaranteed, nor Is It a part of any policy, report or guarantee to which it may be attached. Note No. 2: California insurance rode section 12413.1 regulates the disbursement of escrow and sub - escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement Funds deposited with the company by wire transfer may be disbursed upon receipt Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and /or disbursement may be delayed. All escrow and sub -escrow funds received by the company will he deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company In a financial Institution selected by the company. The company may receive certain direct or Indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing Party In any manner for the value Of, or to pay to such party, any benefit received by the company. Those benefits may Include, without limitation, credits allowed by such financial institution on bans to the company or Its parent company and earnings on Investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial Institution. Such benefits shall be deemed additional compensation of the company for Its services In connection with the escrow or sub-escrow. WIRING INsTRUCTIONs FOR THIS OFFICE ARE: Union Bank of California 1980 Saturn Street, V03 -012 Monterey, CA 91755 - (800) 849 -6466 ABA Y 122000496 CREDIT TO: Lawyers Title - LA ACCOUNT 8: 9101081371 RE: 19080177 PLEASE INDICATE. Lawyers Title - LA TITLE ORDER NUMBER Note No. 3: The charges which the company will make for next day messenger services (i.e. Federal Express, UPS, OHL, Airborne, Express map, etc.) are ¢15.00 per letter, standard overnight service, and $25.00 for larger size packages and/or priority delivery services. Such charges include the cost of such messenger service and the company's expenses for arranging such messenger service and Its overhead and profit Special messenger services will be billed at the cost of such services. There will be no additional charge for pick -up or delivery of packages via the company's regularly scheduled messenger runs. Page 8 OR 0097 File No: 19080177 Note No. 4: None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an ALTA Loan Policy, when issued. Note No. 5: The fallowing Information will be included in the CLTA Farm 116 or ALTA Form 22 -06 Endorsement to be issued pursuant to this order: There is located on said land: muRiple family residence Known as: 1115 West Balboa Boulevard, City of Newport Beach, California Note No. 6: There are no conveyances affecting said land recorded within 6 months of the date of this report Note No. 7: THIS COMPANY REQUIRES CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. If the demand -is expired and a current demand cannot be obtained, our requirements will be as follows: (a) if this Company accepts a verbal update an the demand, we may hold an amount equal to one monthly mortgage payment This hold will be In addition to the verbal hold the lender may have stipulated. (b) If this Company cannot obtain a verbal update on the demand, we will either pay off the expired demand, or wait for the amended demand, at our discretion. (c) All payoff figures are verified at closing. If the customer's last payment was made within 25 days of dosing, our Payoff Department may hob one month's payment to Insure check has cleared the bank (unless a ropy of the cancelled check Is provided, In which case there will be no hold). Processor: OZI Date Typed: January 16, 2009 Page 9 OR 0098 File No. 19080177 Exhibit 8 (Revised 11- 17 -06) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY — 1990 EXCLUSIONS FROM COVERAGE The following matters are expres* excluded from the coverage of this policy and the Company will not pay Imo& a damage, Costs, aturru yS fees Or expenses which arise by reason of: 1.(a)Any law, ordnance Or governmental regulation (including but not (invited to building a zoning laws, prdmancies, a regulations) restricting, regulating, prohibiting or relating (1) the occupancy, use, or en(oynhent of the land; (a) the character, dimensions or location of any improvement now Or hereafter erected on the land; (IN) a separation in Ownership or a change in the dimensiens or area of the land or any parcel of which the land Is a was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmemal regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, Or encumbrance resulting (yarn a vidabon a alleged violation affecting the land has been mcerded in the public records at Date of Policy. (b) Any govemmental polls power not excluded by (a) above, except to the extent that a notice Of the exercise thereof a notice of a defect, lien or encumbrance resulting Iran a violation a alleged violation affecting the lard has been recorded In the public records M Date of Polcy. 2. Rights of eminent domain Wens nonce of the exercise thereof has been recorded in the pudic retards at bete of PONcy, but not excluding from coverage curry taking which has Occurred prior to Date of Policy which would be binding On the rights of a purchaser for value without knowledge. 3. Defects, Ilene, encumbraneeq, adverse calm Or other matters: (a) whether a not recorded In the public records at Date of Policy, but created, suffered, assumed or agreed to by the pored dalmant; (b) not lovown to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the Insured claimant prim to the date the Insured claimant became an Insured under WS policy; (c) resulting in no lea or damage to the issued dalmarn; (d) attaching Or created subsequent to Date of policy; a le) resulting In loss or damage which would rot have been sustained If the Insured claimant had Paid value for the Insured mortgage a for the estate or Interest Insured by this policy. 4. Unenfa v eabilky of the lien of the Insured mortgage becaust, of the inability, a fallum of the Insured at pate of Policy, or the Inability a figure of any subsequent Owner of the Indebtedness, to comply with the applicable doing business laws of the state in which the land is situated S. Invalidity a unenroreato ty Of the Hen of the assured mortgage, or dahm thereof, which arses out of the transaction evidenced by the Insured mortgage and is based upon usury Or any cauumer credit pmIttdiun or truth In lending law. 6. Any claim, which arises out of the transaction vesting In the Insured the estate of Interest WSUM by this paltry or the trerl511cllm creatng the interest of the Insured lender, by reason of the operation of federal benlavptcy, state Insolvency a sinWar Cled OW rights taws. EXCEPTIONS FROM COVERAGE - SCHEDULE 8, PART I This policy does riot Insure against loss a damage ( and the Canpany will not pay Costs, attomheyle fees a expenses) which arise by reason of: I.Taxas or assessments which are ha shown as edsdng herbs by the records of any taxing authority that levies taxes m assessments on real property a by the pudic records. Proceedings by a public agency which may result in taxes a assessments, or notices of such proceedings, whether a not shown W the records of such agency or by the public records. 2. Any facts. right&, Interests, Or claims which are rot shown by the pudic records but which could be ascertained by an Inspection Of the land arwhkh may be asserted by persons in possaSgm thereof. 3. Easements, hens or ettaumbrances, a claims thermf, which arc not shown by the pudic mcords. 4. D4^crepandes, conflicts in boundary hrcs, dortage in area, encroachments, Or any other facts which a coned survey would disclose, and which We not Mom by the pudic records. S. (a) unpatemed mining claims; (b) reservations a exceptions In patents a in Adds aueharlahg the issuance thereof, (c) water H", claims or the to water, whether or not the matter excepted under (a). (b) a (c) arc shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10122103) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions In Schedule e, You arc not insured against loss, costs, attomeys' fees, and expenses reshdtng Iron: 1. Governmental police Power', and the existence a vldatim of any ton a government regulatm. This Includes ordinances, laws and "alms concerning: a. Wilding b. zmtrg u Land ura d. Improvements m the Land e. Land division K enKronmentd protedlm This Exclusion does not apply to Ndations a the enforcensmt of these maters if notice of the vidaton a enfoument appears In the pubic Records at the policy Date. This Exclusion does net limit the coverage described in Covered Rick 14, 15, 16.17 a 24, 2. The failure of Your existing structures, a any part of them, to be constructed In accordance with applicable building codes. This OR 0099 File No: 19080177 Exdtsdon does not apply to violations of bulleing codes if notice of the violation appears in the Public Records at the Policy Hate. 3. The fight to take the Land by condemning it, unless: a. a natce of exerdsing the right appears In the Public Records at the Policy Date; or bo the taking happened before the Policy Date and is binding on You O You bought the land without Knowing of One taking. 4. Risks: a. that are orated, all owed, or agreed to by You, whether or fiat they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear In the Public Reords at the Policy Date; C. that result in no loss to YOU; or� d. that first occur after the Policy Date - this does not limit the coverage described In Covered Risk 7, &d, 22, 23, 24 or 25. S. Failure to pay value far your Title. 6. Lack of a right: a. to any Land outside the area spedfically described and referted to In paragraph 3 of Schedule A. and b. in streets, alleys, or waterways that touch the Land. This C-xdtisloh does not limit the coverage described In Covered Risk 11 or 16. LIMITATIONS ON COVERED RISKS your Insurance far the following Covered Risks Is limited ah the Owner's Coverage statement as fouo . For Covered Risk 14, 15, 16 and 16, Your Deductible Amount "Our Mwdmum Dollar limit of Uabilky shown In Schedule A. The dedudible amounts and maxtm r, dollar limits shown on Schedule A are as follows: Y Mr- 3— Deducti lg Anno4nt our Maximum Od/ar Winit at Uabdihr Covered Risk 14: 1% of Policy Amount or $2,500 $l0,e00 (whichever K less) Covered Risk list 1% of Polley Amount or $5,000 '$25,000 (whichever Is less) Covered Rlsk 16: 2% of Pocky Amount er $5,000 $23,000 (whichever is less) Covered Rlak JIM 1% of Polley Amount er $2,500 $5,000 (whichever is less) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS in addition to the E`tMPtons M Stherhde B, you arc not Insured against loss, costs, allorrwie fees, and expenses resulting from: 1. Caverooental DOM porter, and the existence or violation of any law or government aguladm. This Includes building and zoning ordkhahoes and also laws and regulations czatc ming: • land use • Improvements en the land . land divtoort ;hl environmental pratemm s axduslon does Fiat apply to violations or the enforcement of "case matters which appear In the puhRc cards at POil Date. Tons exclusion does not limit the zoning coverage described In hems 12 and 13 of Covered Tide Risks. 2. The right to take the land by Condemning R, tmless: • a nOHM Of eserddng the right appears In the public records an the Policy Date • the taking happened prior to the Policy Date and Is birhdtg on you It you bought the land without knowing of the taking 3.TILie Risku • that are created, allowed, or agreed to by you • that arc imam to you, but not to us, an the Policy Date — uall s they appeared in the public records that result In m loss to you • that first affect your Otte alter the Policy Data -- this does not Wnfit the tabor and material ten Coverage In hem B of Covered Tate Risks 4. Failure to pay value for your title. " S. tack of a right: • to my land oublde We area specifically described and referred to in Item 3 of Sdtedule A OR In streets, alleys, ar waterways that touch your land This excitation does not Ihnit tie aCM53 mw -rage In [pmt 5 of Covered Tide Risks, AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10- 17 -92) W[TH ALTA ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters arc ekpmWY excluded from the coverage of this policy and the Company WR not pay loss or damage, costs, attom,eys' fees or expenses which arise by mason of: 1- (a)Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, ar regu(ations) restricting, regulating, PrQNUdrg or relating to (1) the occupancy. use, or enjoyment of the land; (Ri the character, dimensions to location of any Improvement now or hereafter erected on the land: (111) a separation In ownership or OR 0100 File No: 19080177 a change In the dimensions or area of the land or any parcel of which the land Is or was a part; or (Iv) mvirmmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a noted M a defect, Fen or encumbrance resulting from a violation or alleged vidatim affecting the land has been recorded in the pudic records at Date of Policy. (b) Any govermmental police power not excluded by (a) above, except to the extem that a notice d the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the laud has been mconded M the pudic records at Date of Policy. 2. Rights of eminent domain unless notice of the exerdse thereof has been recorded In the pudic records at Date of Pohry, but not excluding from coverage any taldng which has occurred Prior to Date of Policy which would be dndmIl on the rights of a purchaser for value without lonaMedge. 3. Defects, Rees, encumbrances, adverse claims or other matters_ (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded M the pudic records at Date of policy, but known to the assured claimant and not disclosed In waiting to the Company by the Insured claimant prior to the date the Insured dainant became an insured under this policy; (c) resulting in no tors or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extant that this Polo Insures the priotty of the ben of the Insured mortgage over any statutory Rah for services, tabor or material or to the extent Insurance Is a(farded herein as to assessments for street Improvernerts under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained If the insured claimant had paid value for the Insured mortgage. 9. Unenforreablllty of the Men of the insured mortgage because of the Inability or falure of the insured at Date of Policy, or the InabRlrY Or failure of awry subsequent owner of the Indebtedness, to comply with applicable doing business laws of the state In which the land is situated. S. Invalidity Or unenfmCrObifrty of the Hen of the Insured mortgage, or claim thereof, which adses out of the transaction evidenced by the Insured mortgage and Is based upon usury or any consumer credit protection or m uth in lending law. 6My statutory Yen for services, labor or materials (or the claim of prior" of any statutory lien for services, labor or materials over the lien of the Insured mortgage) arising from an improvement or wok related to the IoM which Is contracted for and commenced subsequent to Date of Policy and Is not financed in whole or in part by pmrerAs of the Indebtedness seared by the Insured mortgage which at Date of Paticy the Insured has advanced or is ottgAed to advance. 7. Any claim, which arises out of the trarsactlm creating the Interest of the mortgagee Insured by this policy', by reason of the operation of federal bmimiptty, state Insolvency, or dWar aerYtors' rights laws, that Is based on: (1) the transaction creating the Interest of the insured mortgagee being deemed a fraudulent conveyance or fmudulem transfer; Or (8) the subordination of the Interest of the insured mortgagee as a result of the application of the dowim or equitable subordination- or (HI)the trrnsocUm aRating the interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the hYune: (a) to timely record the Instrument of trarufw; or (b) of such recordation to Impart notice to a purchaser for value or a Judgment or Ilea creditor. The above Policy form may be Issued to afford either Standard Coverage or ExteMed Coverage. To addition to the above Exclusions; from Coverage. the Exceptions from Coverage in a Standard Coverage policy will also Include the fpRowing (; maral Baceptlons: EXCEPTIONS FROM COVERAGE This policy does not Insure against has or damage (and the Company WIN not pay costs, attorneys' fees or expenses) which mdse by reason of: 1.Taxes or assessments which ace not shown as existing Ras by the records of any taxing authority that levies tams or assesmm ft on real property, or by the public records. Pracaedirls by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the pudic words. 2. Any facts, rights, Interests or claims which are not shown by the puck records but which could be ascataMed by on Inspection of the land or Which may be assented by persons M possession thereof. 3. Easements, Yens or encumbrances, or claims dmW, which arc not shown by the pudic records. a. Discrepancies, cenMtds In boundary fines, shortage in area, encroachments, or any other facts which 8 correct survey would disclose, and which a2 not shown by the public words. 5. (a) Unpatented Mining claims; (b) reservations or exreptions in patents or M Acts authorizing the la9named thereof; (c) water rights, dahms or file to water, whether or not the matters excepted under (a), (b) or (c) are shown by the pudic records. 2006 ALTA LOAN POLICY (06- 17 -06) EXCLUSIONS FROM COVERAGE The fodm ing matters arc expressly excluded from the coverage of this policy, ant the Company wil not pay loss or damage, costs, sttor"Vs. Res, or expenses that arise by reread, M: 1 -(a) Any law, ordnance, permit, or ggvdrnM mUl regWatJon (Including those relating to building and zoong) restricting, regulating, Prohibiting, or relating to (I) the Occupancy, use, or enjoyment of the Land; (Y) the character, dimensions, or location of any Improvement erected on the land; (RI) the subdblsion of land; or Qv) envlronnental protection; or the effect or any vldation of these laws, ordinances, or governmental regulations This Exclusion 1(a) does not moafY or limit the coverage Provided under Covered Risk S. (b) Any governmtotal Police Powerr, This Exclusion 1(b) does not modify or amt the coverage Provided under Covered Risk 6. OR 0101 File NO: 19080177 2. Rights of eminent domain. This Exclusion does not modify or Omit the coverage provided under Covered Risk 7 or H. 3. Defects, (lens, encumbrances„ adverse dalms, or other matters (a) mated, suffered, assumed, or agreed to by the hsured Claimant; (b) not Known to the Company, not recorded in the Pudic Records at Date of policy, but Known to the Insured aalmam and not disdased In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify ar Omit the coverage provided under Covered Risk It, 13, or 14); or (e) resulting in loss a damage that would not have been sustained if the insured Claimant had paid value for the insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable doing- buamess laws of the state where Me land is situated. S. Invalidity or unedorceability in whole or in part of the lien of the Insured Mortgage that arises nut of the transaction evidenced by the insured Mortgage and Is based upon usury or any consume credit protection or truth-n -lending law. 6. Any daim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction treating the Rm of the Insured Mortgage, Is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and mated or attaching between Date of Pdky and the date or recording of to Insured Mortgage in the Pudic Records. This Exclusion does not modify w limit the coverage provided under Covered Risk 31(b). The above PORCY form may he listed to afkrd ether Standard Coverage or Extended Coverage. In addition to We above Exclusions from Coverage, the Except ins from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure agahst toss or damage (and the Company will not pay cents, attorneys' fees cur expenxs) that arise by reason of: 1. (a) Taxes or assessments that are not shown as exsting Hens by the records of a" taxing authority that levies taxes w assess on real property or by the Pudic Records; (b) Proceedings by a Pudic agency that may result in taxes or assessmems, or nodces Of Such proceedings, whether or not shwm by the records of such agency or by the Public Records. 2, Any facts, rights, mtemer, or chins that are not shown by the Public Records but that could be ascertained by an Inspection of the lad "that may be asserted by persons m possession of the land. 3. Easements, l4ns w encumbrances, Of claims thereof, not shown by the Public Record. 4. Any encroachmmt, encumbrance, violation, variation, cur adverse circumstance affecting the Tide that would be dsdosed by an accurate and complete land survey Of the land and not shown by the Pudic Records 5.(a) Unpatemed mining claims; (b) reservatias or exceptions in patahts or In Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether w net the matters excepted under (a), (b) c r (e) are shown by the Pudic Records. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY (10- 17 -92) EXCLUSIONS FROM COVERAGE The following matters are expresaY excluded from the ro age of tlds policy and the Company will not pay loss or damage, costs, attorrheys' fees or expenses Mich arise by reason of: 1.(a) Any taw, ordinance a governmental ri,94Aatlon (including but not limited to building and raising taws, ordinances, or regulators) restricting, regWatinch prohibiting or relating to (A the ocgga cy, use, or enjoyment of the land; (a) the character dimensions or taeaton of anY impovement now cur lerealter cmceed an the land: (w) a separstah in owneishlp or a change In the dmerislons or area or the lard or any parcel of which the land Is or was a part; or (IV) environmental Protection, cur the effect of any Violation of these laws, Ordinances cur governmental regulations, except to the extent that a notice of the enlacement thereof or a notice of a detect, Nen or encumbrance resulting from a violation cur alleged violation affecting the land has been recorded In the pudic records at Date of Policy. (b) Any governmental police power act excluded by (a) above, except to the extent that a nd)w of the exercise thereof or a notice of a defect, Ikn or encumbrance resulting from a violation or alleged Violation affecting the land has been recorded In the puba'crWmAs M Date of Policy. L Wghts of eminent domain unless rata of the ewerdw thereof has been recorded in the public rends at Date of Policy, but not excluding from [average any tRWV which has occurred pnorto Dab: of Policy which would be dndkhg on the rights of a purdnaser for value without knowledge. 3. Defects, rums, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded In the public records M Date of Policy, but known to the Insured claimant and not disclosed In writing to the Carpary, by the insured claimant prior to the date the marred claimant became an insured under this policy; (c) resulting, in no loss or damage to the Insured clamimt; (d) attaching or created subsequent to Date of Pal Icy; or (e) resulting In loss cur damage which world not rave teen sustained It the insured dalmmi: had paid value ter the estate or Irtemst Insured by this policy. 4. Any daim, which arises out of the em sactim vesting in the Insured the estate or interest Irhwred by this policy, by reason of Me operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based en: (1) the transaulltn creating the estate or Interest Insured by this policy being deemed a fraudulent conveyance a fraudulent transfer; or (R) the transaction creating the estate or Interest Insured by this policy being deemed a preferential transfer except where the Pmf mnt1w transfer results Item the fallwe: OR 0102 File No: 19080177 (a) to timely record the Insournem of transw; or (b) of such recordation to impart notice to a purchaser for value or a judgment w lien creditor. The above policy form may be issued to afford tither Standard Coverage or Extended Coverage. in addition to the above Exdu SWK from Coverage, the Exceptions from Coverage in a Standard Coverage PdIcy will also indude the following General Exceptions: EXCEPTIONS FRO" COVERAGE This policy does not insure against loss or damage (and the Company, will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessment$ which are not shown as existing bens by the records of any taxing authority that Wes. taxes or assessments on real property or by the pudic records - Pmceedings by a pubic agency which may result in taxes or assessments, w notices of such praceedngs, whether or not shown by the records of such agency or by the public records. 2. Any fads, rights, Interests or dalms which arc not shown by the public records but which could be ascertained by an Inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, here; or encumbrances, or claims thereof, which are not shown by the public retards. 4. Discrepancies. conflicts in boundary ones, nWage In area, en reachments, or any eUer facts which a cared survey would disclose, and which are not shown by the pubic retards. S. (a) tnpatemed mining claims: (b) reservations or areptions in patents or In Ads authorizing the issuance theme" (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) am shown by the pubic retards. 2006 ALTA OWNER'S POLICY (06- 17 -06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loft or damage, cars, attorneys' fees, or expenses that arise by reason of. 1. (a) Any law, en snance, parmle, or governmental regulation (including those relating to building and toning) restricting, mgula0ng, fxehibhing, or relating to (I) the occupancy, use, or enjoyment of the Lard; (ill the character, dinensfons, or location of any Improvement erected on the land; (tg) the subdivislon of )and; or (iv) environmental pnXed1an; or the effect of any Notation or these laws, ordinances, or it vtnmerxal mgutisws. this Fxduslon 1(a) does net modify or twit the coverage provided under Covered Aisle S. (b) Any governmental ponce power. This Excluslon 1(b) does not modify or limit the coverage provided under Covered Itisk S. 2. Rights or ernment dornaln. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, liens, enormbnnres, adverse dales, or other matters (a) treated, suffered, assured, or agreed to by the Insured Claimant; (b) not Known to the Cornpanv, net recorded In the Public Records at Date of Pobcyf but Known to the Insured Claimant and not disclosed in writing to the Cornpany by the Insumd Claknant prior to the date the (reared Caiman Ixvarne an insured under this policy; (c) resulting in no Ids or damage to the insured Claimant; (d) attaching a created sub5equent to Date or Policy ( however, this does not modify or limit the coverage pmylded under Covered Risk 9 and 10); or (e) resulting in loss or damage that would net have been sustained If the Insured Claimant had paid value for the Tkle. 0. Any daim, by reason of the operadan of federal banlouptcy, state insolvency, a similar creditors' rights laws, that the tmnSicum vesting the TRIe as shown in Schedule le A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential trdnsfa for any reason not stated in Covered Risk 9 of this policy. S. Any Stan ce the Itle for real crate taxes or assessments imposed by governmental authority and created or attaching between 03a of Polley and the date or mccrtRng of the deed or other Instrument of transfer in the Public Records that vast; Title as shown la Schedule A. The above policy tarn may be Issued to alfard either Standard Coverage or Emended CAVerege. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also include the fdtowlng Exceptlarn from Coverage-, EXCEPTIONS FROM COVERAGE , This policy dots nor insure against loss or damage (and the Company will not pay costs, attorneys' fees err expanses) that adse by reason or: I. (a) Takes or assessments that am not shown as existing (lens by the records dany taxing autherity that levies axes a assessments on real property Or by the Public Records; (b) promerbrgs by a pudic agency MM may react In taxes or av or slices of such proceedings, whether or tat shown by the records of such agency err by the Public Records. 2. Any farts, rights, interests, err claims Uat am not shown by the Public Records but that could be ascertained by m inspeci of the land or that may be asserted by persons In possession of the Land. 3. Easements, hens or encumbrances, or claims thereof, not shaven by the Public Records. 4. Any encroachment, encumbrance, violation, variation, a adverse ctrcurhrstarxx affecting the Title Qat would be disclosed by an accurate and complete land survey of the Land and not sham by the Public Records S. (a) Unpatented mining claims; (b) reservatbns or exceptions in patents or In Acts aAhortzing the Issuance thereat; (c) water rights, claims or tide be water, whetter or not the matters excepted under (a), (b) or (c) are shown by the Public Retorts. OR 0103 File No: 19080177 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, cost% atmrneys fees ar expenses which arise by reason of: I.(a)Anv law, ordinance or governmental mqulatior (including but not limited to Mrilding and zoning laws, ordinances, ar regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enloyment of the Land; (11) the dnaracter, d rrion,0onS or location of BAY Improvement now or hereafter erected on the Land; (111) a separation In ownershtp or a change in the dimensions or areas of the Land or any parcel of which the Land is W was a part; or (w) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that s notice of the enforcement thereof m a notice of a defect, Ken m ercumbrerxxt resulting from a violation or alleged violation affecting the Land has been recorded In the Public Records at Date of Policy. This exclusion does not amt the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any govemarental poke Power not excluded by (a) above, except to the extent that a notice elf the exerese thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affeNng the Land has been recorded In the Public Records at Date of Policy. This exdusion does not Omit the coverage provided under Covered Risks 12, 13, 14, and 16 of this polity. 2. Rights of eminent domain unless notice of the exerdse thereof has been recorded In the Public Reports at Date of Policy, but not excluding from coverage any taking which has occurred prior, to Date of Policy which would be bindtng on the rights of a pun3haser for value wltlnut Knowledge. 3. Defeca, liens, encumbrances, adverse dalms a other matters: (a) crated, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, net recorded In the Pudic Records at Date of Poky, but Known to the Insured Claimant and not dasdosed In writing to the Company by the Insured Claimant prior to the date the Ensured Claimant became an lmsnred under this polity; (c) resulting In ns loss ar damage to the Insured Claimant; (d) attaching or aeated subsequent to Date of Policy (this paragraph does not Omit the coverage provided under Covered Risks 8, 16, la, 19, 20. 21, 2I, 23, 24, 25 and 26); m (e) resulting In � hi or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unentbroo"ty of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of PuAcy. or the Inability or faahue of any subsequent owner of the kndebW&w,s, to comply with applicable doing business laws of the state in which the Lard Is situated. S. Invalidity or unernfurceablllly, of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury, except as provided M Covered Risk 27, or any dons rni r o lit prooection W truth in tending law. 6. Real Property taxes or assessments of any goue mmental authority which become a fen on the Land subsequent to Date of Poky. This exclusion does not Omit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any daim of Invalidity, urhenforceablfty ar lack of priority of the Ilan of the Insured Mortgage as to advances or modifloa Ions made after the Insured has Knowledge that the vestee shown in Schedule A Is no longer the owner of the estate or Interest covered by this policy. This excusloo does not fnut the coverage provided in Covered Risk & 8. Lack of Priority of the lien of the Insured Mortgage as to each and every advance made after Daft of Policy, and all Merest charged thereon, over Bans, enumbrances and other matters affecting the title, the existence of which are Known to the insured at: (a) The time of the advance; or (b) The time a meAdcaton Is made to the terms of the Ensured Mortgage which dmanges the nee of 1. ft charged, if the rate Of Interest is greater as a result of the modification than It would have been before the mogficatioh. This exclusion does not limit the coverage provided in Covered Risk B. 9. The falture of the residential structure, mac any Portion thereat to have been constructed before, on or after Dace of Poky in accords oa with applicable building mtles, This exciuson does not apply to violations of bolting codes if notice of the violation appears in the Public Records at Date of Policy. OR 0104 File No: 19080177 "Notice to Customers" (Involves Residential Real Property in California ONLY) You may he eligible for a $20.00 reduction in your due or escrow fees In this transaction charged by Lawyers Title Insurance Corporation pursuant to the Final Judgments entered in People of the State of Caliromia v. LandAmerica Financial raMlp. Inc.. Sacramento Superior Court Case No. 92 AS 06111, and Tayior et al v LandAmedca Financial Gmup. Inc t al Los Angeles Superior Court Case No. 8C 231917. You are eligible for this $20.00 reduction in your title or escrow fees if you meet the following requirements: I. You are a natural person or trust; 2. Your transaction Involves the purchase, sale or refinancing of residential real property containing one- to- four-dweiling units; 3. You previously purchased title Insurance or escrow services involving a transaction which closed between May 19, 1995 and October 8, 2002 from one of the following companies: Commonwealth Land Title Insurance Company or Commonwealth land Title Company Lawyers Title Insurance Corporation or Lawyers Title Company first Amercan Title Insurance Company, First American Title Company, First American Title Guarantee Company Fidelity National Financial, Inc. Fidelity National Title Insurance Company Fidelity National Tide Company Fldelity Nation at Title Insurance Company of California, Inc. Fidelity National Loan portfolio Services Ticor Title Insurance Company Security Union Title Insurance Company Chicago Title Insurance Company Chicago Title Company Chicago Title and Trust Company Rocky Mountain Support services, Inc. Caflfomia Trading service, Inc. Title Accounting Services Corporation 4. You did not receive a $65.00 cash payment in the reconveyance fee claims process pursuant to the Final Judgments entered In People or the State of MIfomia v UndAmerjl;3jjnjajjjLUZliM Inc.. at al, Sacramento Superior Court Case No. 92 AS 06111, and Taylor. Ct al. X. LandAmerica Financial Group Inc.. at al Los Angeles Superior Court Case No. NC 231917. If you meet the foregoing requirements and want the $20.00 fee reduction complete tMs form and return it to your lawyers Title Insurance Corporation escrow or title officer. NOTE: If you are eligible for this $20.00 fee reduction please complete and return this form. You must advise us of your eiiglbllNy, prior to dosing In order to receive the -$20.00 fee reduction. Name: Address: Telephone No: iO File No: 19080177 "N tice to Customers" (Involves Reside tial Real Property in California ONLY) You may be eligible for a $20.00 1 eduction in your title or escrow fees in this transaction charged by Lawyers Title Insurance Corpon tion pursuant to the Final Judgments entered in People of the State of California v Sacramento Superior Court Case No. 92 AS 06111, and v Financial Group. Inc., 1. Los Angeles Superior Court Case No. BC 231917. You are eligible f r this $20.00 reduction In your title or escrow fees if you meet the following requirements: 1. You are a natural person or rust; 2. Your transaction involves th purchase, sale or refinancing of residential real property containing one-to-four-dwelling units; 3. You previously purchased title insurance or escrow services Involving a transaction which dosed between May 19, 1995 and Ober 8, 2002 from one of the following companies: Commonwealth Land Title I surance Company or Commonwealth Land Title mpany Lawyers Title Insurance Coi wation or Lawyers Title Company First American Title Irisur. ice Company, First American Title Company, First American Title Guarantee Company Fidelity National Financial, I ic. Fidelity National Title Insur, ice Company Fidelity National Title Camp ny Fidelity National Title Insur ice Company of California, Inc. Fidelity National Loan Perth Ilo Services Ticor Title Insurance ComIrporation Security Union Title insurCompany Chicago Title Insurance Carry Chicago Tide Company Chicago Tide and Trust Crty Rocky Mountain Support ces, Inc. Califomia Tracking servicc. Title Accounting Services 4. You did not receive a $65. 0 cash payment in the reconveyance fee claims process pursuant to the Final Judgments enten I in Pan le of the State of California v LandAmerica Financial Group Inc.. et al.. Sacramento Su erlor Court Case No. 92 AS 06111, and Taldor. et al. v. LandAmertca Financial Group. Inc_. et al. Los Angeles Superior Court Case No. BC 231917. If you meet the foregoing require ents and want the $20.00 fee reduction complete this form and return It to your Lawyers Title Insure a Corporation escrow or title officer. NOTE: If you are eligible for the $20.00 fee reduction pig we complete and return this form. You must advise us of your eligibility prior to closing In ord r to receive the $20.00 fee reduction. Name: Address: Telephone No: OR 0106 N iTv r 26 , , ; w een .naue e m.mm� aw osrrc ucm. err : ,4LOV. a N iTv r � ". ME n" , , ; w een .naue e m.mm� aw osrrc ucm. err a 0 O 0000000 ;o10. ,e o® 2$4 I v .1". ol 1 r (2511 " i OCEAN o a7 -25 � ". ME n" ,a ener � .or a w +nrwao w een .naue e m.mm� aw osrrc ucm. err o . I 1 I a 0 O N 25 to s r . Iva. 2$4 29 Wnp/ DN MACt N1 04 MM - Ai 's &" a Aam Ov PA mo-a PARM � 6 w N Cranes nmNr .sffssas NV eaar �. v c PAGE II6 cnuwr o..nxct 6L pfANNINr nytARTMeW JAN 12 W%, cROF ACH Alcohol and Drug Treatment Needs Has Newport Beach Addressed its "Share "? The National Survey on Drug Use and Health ( NSDUH — which provides annual data on drug use in the United States) Is sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA). SAMHSA is an agency of the U.S. Public Health Servfce and. a part of the Department of Health and Human Services (DHHS). The survey provides yearly national and state level estimates of alcohol, tobacco, i6klt drug, and non - medical prescriptlon drug use. Other health- related questions also appear from year to year, including questions about mental health. The NSDUH Is authorized by Section 505 of the Public Health Service Act which requires annual surveys to collect data on the level and patteme of Ilc8 and illicit substance use. The 2003 -04 NSDUH estimates that 10.10% of the population in Calfforrda was dependent upon or abused alcohol or Ruch drugs. The 2002 NSDUH says Oral, of all people abusing alcohol or illicit drugs, more than 94% do not believe they need treatment — leaving 6% who seek treatment. FACTS ABOUT LICENSED BEDS — STATEWIDE, OC, NEWPORT BEACH • California has a population of 36,100,000 — 10 -10% of that iss 3,646,000 people. California has 21,007 licensed recovery beds (per CA ADP numbers —1 -2007) • Orange County has a population of 2,988,072 — 10.10% of that is 301,796. Orange County has 1,495 licensed recovery beds (per CA ADP numbers — 1- 2007), an amount equaling 7.117% of all Iks nsed recovery beds in Calffomla. • Newport Beach has a population of 83,000 —1A 10% of that Is 8,300 people. Today, Newport Beach has 219 licensed recovery beds (per CA ADP numbers —1- 2007), an amount equating 14.6% of all licensed beds In Orange County and 1.043% of sit licensed beds in California. LICENSED BED COUNT — IF DISTRIBUTED PER CAPITA If California's 21,007 bads were distributed evenly across Calfornws counties on a per capita basis, then Orange County would have 1.739 beds. It has 1.495. If Cafifamiai s 21,007 beds were distributed evenly across CallfomWs ol8es on a per capita basis, than Newport Beach would have 9 beds. We have M. LICENSED BED DAYS — IF DISTRIBUTED BY NEED' if 10.10% of the population in Cauomla have a problem with alcohol or use IMM11 drugs, and 6% of them seek treatment M a 7UW stay licensed recovery fac ifity, than: • California has a shortfall of 7.H§.065 Licensed Bed Days per year, • Orange County has a shortfall of 721,865 Licensed Bad Days per year, and • Newport Beach has an exceedence of 44.726 Licensed Bed Dapper year. .In terms of people seeking treatment. See charts on the fo8owing page. OR 0108 Licensed Recovery Beds Population • of Statewide Beds'. • of Statew4a, Popotetion ifStwos 2!,007 beds Population % of Parsons who Abuse AfeohoWfttgs # of Pecs" who Abuse Ab*aVDn g %of Ps, s Sesk TretrneW # of Per"Seeldno Treatment Ucensed Bed Day YswAvaftN* Llcawed W D"s Needed (ssaumes 704aY StJW Bed ShWW f&ceedarme! NB's D� 4-094? Galifornin Orang� Newpo� 2002 NeOonet SUMP on Drug Use end Hearth — US DHHS u r� O i co co Ocean Recovery 1115 West Balboa Item #6 —Site Plan 1115 West Balboa Lot Characteristics: • Lot Dimensions: 60' wide 100' long • Zoned Setbacks: 3' for side yards, $' for front and back— actual shown above. • Zoning: R- 2(Two- FamRyResidential) • Land Use Designation —'RT' (Two -UnR Residential) • Use: Group Residential, Licensed. 1113 West Balboa Lot Characteristics • Lot Dkmemslons: 30' wide, 100' long • Zoned Setbacks. X for side yards, 5' for front and back— actual shown above. • Zoning: R- 2(Two•familyResidential) • Lard Use Designation —'RT' (Two-Unit Residential) • Use = single housekeeping units 1125 West Balboa Lot Characteristics • Lot Dimensions: 3d wide, 100' long • Zoned Setbacks: 3' for side yards, 5' for from and back — actual shown above. • Zomng: R -2 (Two- Family Residential) • Land Use Designation — NT' (Two -UnR Residential) • Use - single housekeeping units By PMMNG DEPARTMEW JAN 2 6 7009 UYO 'qAA OR 0110 State of Callforrt/a Department of Alcohol and Drug Programs License In accordance with applkable provlsbns of the Health and Safety Code of Caftrals and he rules and regulations, the Department of Alcohol and Drug Programs hereby licenses: OCl:AN.RECOVERY. LLC. to operate and maintain an adult roetdentlal alcohol andJw drug abuse rmaovery or maaMOM le CORY using the following name and kcaVon: OCEAN RECOVERY fi16 1111 wEBT BALBOA aouiEVARD NEWPORT 130CU, CALIFORMA 92661 TTda lipenae extends tc the k&ow(n0 serviscea: INDMDUAL SESSIONS; AWOVERYOR TREATMENT PLANN NG, GROUP SESSIONS; AND-EDUCATIONAL SESSIONS L(mftROM or conddkm arm 0aled at W wo. Total Occupancy lbr untta 1-4 a UM 619 BmRed to: y per unit (2 bedrooma per umy Total 0o wpanoyfor Utdt 6 is NnAed to: 2 beds par unit (i bedroom un10 MALM ONLY Lkento Number. 3001446P t]fecave 0810: OMM000 t6vh*n Oa*, 1213111010 ff4&/& Autholr:ed Reprma ata� U�— c&xPw* M9&%fiM awv6M aNVfdea 1n m b lac dwAd ua almW fa 17 C" M&W PMWM Comp.7anw &&" S&04 gomwoo do. camomia 86811 -4097 (910)322.2611 FA7C(1HG32+45M ETAk; .eraea.ca us OR 0111 Exhibit No. 6 Van Transportation Routes OR 01 SkI. c tedinology tvovds v Qjl, take irwith you. well kvle yov to abetter summer -w Qc 4, v- 14 fj :!4ft Exhibit No. 7 Location Map OR 014 Exhibit No. S Correspondence Received from Residents OR 0116 Brown, Janet From: 101f, Dave Sent: Monday, January 25,2009 11:54 AM To: 'kim ffores' Cc: Brown, Janet Wolcott, Cathy Subject: 1115 West Balboa - Ocean Recovery Kim— Thank you for your comments. They are specific and focused, and that's helpful to us. Dave Kiff Assistant City Manager City of Newport Beach From: kim flores [maft:kimf ®paul tank com) . Sent: Monday, January 26, 2009 9:13 AM To: Ktff, Dave Cc: paul lopez, Goren Darting eubiwZ n64hborhoW lets Hello Dave, My name is Kim Flores and 1 rent the back house at 1113 1/2 West Balboa Blvd. I am writing this letter because i believe the permit of the Ocean Recovery Center should be denied. i have lived at this residence with my family for almost 5 years. Since the facility has moved in, there have been many problems with the recovery house. I have 2 young daughters, they are 16 and 12 years old. Many times my children have been out in the yard playing or just relaxing out there and the men have looked over the wall and tried to talk to them, even striking up a conversation- with them. They have done this with me too. To me this is unacceptable. I don't know what these men have done to be in this recovery center but the last thing 1 need is for them to be friends with my family. Trash day is Monday morning and it never fails how they like to take their trash cans out at 10:30pm Sunday night. This wakes up our entire family, especially in the summer time when we keep all our windows open. Their trash is so bad and over stacked that in the summer time the flies from the trash have become such a nuisance. We have such a bad problem with flies over the summer that we have to buy fly spray and spray our house on a dairy basis and keep about 3 fly trap bags in our yard. Every Thursday night they have a BBQ at the facility and about 20 -30 people attend. It gets very loud and we have to deal with this on a weekly basis. They are constantly smoking and cussing outside of their facility in the patio area. We have found many cigarette buds in our yard and nobody in my family smokes or in the front house. There have been many times that a recovery patient plays an instrument that he will constantly play it during the day or at night. The guitar playing and bongos can be very annoying. Also, they constantly open and slam their screen doors throughout the day. I noticed when the facility first opened up the parking situation had gotten worse. I know that they use their garage for their meetings and never use it for parking. This is just another problem we have with it being a recovery center and having too many people OR 0117 living there. We never had any issues when it was just rented out to tenants. Too many of these facilities are being allowed to come in and reside here. They are dose to our schools and families. I pay a lot of rent to live here at the beach and I never planned on living next to a recovery center. I could move to another house and trust me I have looked at other places. There are so many recovery centers down here, no matter where I move they would still be a few doors away from me. I never thought Newport Beach would be a place where recovery centers would even exist. Please take this into consideration when you decide on the renewal permit of the Ocean Recovery Center at 1115 West Balboa Blvd. Thank you, Kim Flores 1113 1/2 West Balboa Blvd. Newport Beach, Ca 92661 949.673.1564 KIM FLORE5 476 E "W • iWMO 200 Cam NOW C4 0282$ -4300 W.714MIM00 n 714,764.8747 PAUL INK OR 0118 Brown, Janet From: Kitf, Dave Sent Monday, February 09,2W9 1:12 PM To: Brown, Janet Subject: FW Rehabilitation housing From: Steve Merkel [madto:smerkel @rsdevoo.com] Sent Monday, February 02, 2009 8:33 AM To: Kill, Dave Subject Rehabilitation housing Dear Mr. M, We. in the surrounding area, are OPPOSED to any new rehabilitation housing faculties! My father was the Director of Crossroads Inc., which is the largest rehabilitation facility in the state of Arizona. I know first hand what they entali I personalty have the utmost respect for those who want to "kick the halts" from their drug of choice, however, the Peninsula is not an ideal location! These places are popping up like wild fire because the owners can't afford the house to begin with. Instead of losing the house, they seem to have discovered a bop hole in the State of California system which enables them to set up a DBA and use our taxpayer money to support U*Fn. 1 realize the law was created with good intentions, but it is simply unfair to the people who make this their permanent residence or the few legitimate agencies operating these facilities on the peninsula. It is a double edged sword! First it increases the City's expenditures and secondly, decreases property vatuest These are two things that do not need to happen, especially with the economic problems that exist today! It will be very detrimental over the long term! There are already four or five of these facilities within a two block area. These proposed facilities are very dose to a public school. They pose a burden w!ih raft and parking. These facilities create bud noise and protwity. Loitering and litter are also concerns with these facilities. Please take these issues into consideration at the hearing on February 4e11 Sincerely, The C izens of Newport Beach OR 0119 Brown Janet From: I4ff, Dave Sent: Monday, February 09, 2009 5:18 PM To: Brown, Janet Subject: FW: Group Residential Use Permits up for review From: Laurie Md(enzle (maft:mckta&@mac.00m) Sent: Monday, December 08, 2008 9:55 AM To•. Kiff, Dave cc Henn, Midwel Subject Group Residential Use Permits up for review Dear Dave, Regarding the applications for group recovery homes on the Balboa Peninsula, specifically those in the 1100 and 1200 blocks of West Balboa Blvd.: As 32 year residents of Newport Beach, specifically the Balboa Peninsula at 11th and 12th Streets, we would like to voice our concerns. 1. The over - concentration of these homes in this residenital area will continue to hurt our home values and it changes the neighborhood feel. 2. These 'recovery homes' are for pro fit businesses. They add a burden on the city's trash services, traffic, security, parking, as well as added noise and air pollution. 3. The homes in this area under review have more than 6 beds and need to be strictly regulated. 4. A vast number of these group homes are owned and operated by a handful of for profit businesses. These businesses need to be regulated by density of their facilities within a given area to avoid over - concentration. We urge the City of Newport Beach to continue its efforts in making this City on of the forest in the country. We hope tbat yon put the citizens and local taxpayers ingests and needs at the forefront, as you review and regulate these Residential Care Facilities so that their density and proliferation will not negatively affect this wonderful beach community. Sincerely, Terry and Laurie McKenzie 1151 W. Balboa Blvd. Balboa Peninsula, CA 92661 949- 673.2379 OR 0120 Brown, Janet From: IN, Dave Sent: Monday, February 09, 2009 1:12 PM To: Brown, Janet Subject: Fw: Ocean Recovery Use Pemut Application UP 2008 30 and 31 ».._.......,...... .. ..... . .. ..... .. ......... ...... _ .._ —.... �__....._..__.__..... From: RoM Mathena [nWRo:ronerm@padre0.net] Sent: Monday, February 02, 2009 10:42 AM To: Ktff, Dave Subject: Ocean Recovery Use Permit Applicatlon UP 2008 30 and 31 Mr. Kiff: I cant begin to explain to you how awful it is to have rehab facilities on either side of my home at 1125 W. Balboa Boulevard. I keep the windows on the first two stories closed all year (even in Summer)- all the time to avoid the cigarette smoke, offensive language and noise of the 1115 W. Balboa house. I wont sit on my patio deck across from the Ocean Recovery home. The residents stare at me. They never close their blinds. The staff at Ocean Recovery sound helpful. But even the staff have issues. I believe they are addicts too. I saw a driver of Ocean Recovery smash into a parked car in front of the 1115 West Balboa and run screaming into the building. There are serious parking problems on our block because 1115 West Balboa has closed its garage parking in total. The residents wander around the neighborhood unsupervised all the time. There is constant turnover at the home. There is always a brand new set of troubled young men. Some are truly scary. One Ocean Recovery resident directly threatened my daughter. I ran up to him in front of 1115 W. Balboa Boulevard and got him to back off by screaming at him that I would call the cops. The staff said they were sorry and the person disappeared. But what about the next one? I called the fire department when an ashtray caught fire at a rehab. Smoke was OR 0121 entering my home. I was directly told by a senior fireman that it was wrong that 1 called them for such a small fire. I shouldnt have to feel like a prisoner within my own home. I shouldnt have to feel that the City will do nothing about these halfway homes. 1 shouldnt have to feel at risk. I shouldnt have to bear cigarette smoke, litter, and foul language. Please reject Ocean Recoverys use permit at 1115 West Balboa Boulevard and 1601 West Balboa Boulevard. Thank you, 2 OR 0122 Paul A. Lopez 1125 % W. Balboa Blvd. Newport Beach, CA 92661 949- 673 -0489 January 27, 2009 To: Thomas W. Allen, Hearing Officer David Kiff, Assistant City Manager FEB 0 2 2M9 Iffy Subject: Opposition to Use Permit # UP 200&030 & UP 2008 -031 Ocean Recovery Facilities at 11 IS and 1601 W. Balboa Blvd. I am writing this letter as a 10 year resident of Newport Beach, eight years as owner of MY current residence at 1125 % W. Balboa Blvd and two years as a renter at 1115 W. Balboa Blvd. My residence lies directly between the Ocean Recovery facility at 1115 W. Balboa Blvd and the sober living facility operated by Richard Perlin at 1129 W. Balboa Blvd. Within 100 feet of my home and across the street is the recently approved Balboa Horizons facility at 1132 W. Balboa Blvd. My proximity to these three facilities qualifies me to speak directly to the issues of overconcentration of sober living facilities U1 my local neighborhood and the negative impact that such businesses have on my family and my neighbors' quality of life as homeowners in Newport Beacl, The City is now reviewing Conditional Use Pen-tit applications for the Ocean Recovery facility located at 1115 W. Balboa (which abuts my home to the south), and its sister facility at 1601 W. Balboa Blvd_ 1 am requesting that the City deny these applications on the following grounds: At present at least five (5) sober living facilities with more than six beds operate within 1000 feet of Newport Elementary School. These facilities include: 1115 (22 residents), 1129 (14 residents), 1132 (11 residents), 1216 (29 residents) and 1601 (18 residents) W. OR 0123 Balboa Blvd. There are also several other <6 bed facilities operating or requesting to operate within this same area. All of these facilities have residents that routinely attend weekend alcohol and drug rehabilitation gatherings on the beach at 15"' street, just 50 feet away from children utilizing the playground. This group has grown dramatically as .the number of sober living homes has increased in the neighborhood. Over 100 recovering individuals attend these weekly meetings. It is well known that many of the recovering individuals now housed in our community come to us with legal issues, multiple behavior problems, and a vulnerability to relapse. They are people at risk for behaving impulsively and without good judgment, and as such do not represent good role models for our children —in fact, one could easily argue that such individuals are at risk for endangering our children. Despite the fact that the community has gone on record multiple times with the City regarding our concerns for the safety of children attending Newport Elementary and other children using our public playgrounds between 13th and 14th streets, the City still approved the facility at 1132 W. Balboa Blvd. Enough is enough! The City must now exercise reasonable j udgment and legal responsibility to reject the applications for both of these facilities on grounds that this overconcentration will endanger the well being and safety of our community and children. See attached pictures !i 1, 2 & 3 Overconcentration of sober living facilities in my local neighborhood and within 1000 feet of my residence As noted, the City has already approved the use permit at 1132 W. Balboa Blvd (I I residents). This facility is within 100 feet of my residence and within 100 feet of two other sober living facilities at 1129 W. Balboa and 1115 W. Balboa , both of which abut my property line and are within 5 feet of my residence. If we then include the current sober living facility at 1216 W. Balboa Blvd, I now have four facilities and 65 residents within <800feet of my residence. Any reasonable city official or local resident would conclude that this represents an overconoentration of sober living facilities within one local neighborhood I am looking to the City to rectify this situation immediately. The 1115 W. Balboa Blvd. Ocean Recovery application should be rejected due to 1.) its close proximity to four other sober living facilities and 2.) the overconcentration of these facilities in direct proximity to my residence. I an a tax paying and respectful resident, and I don't believe I or my neighbors should be subject to such unreasonable concentration. It is clear that the operators of these facilities are taking advantage of their rights for reasonable accommodation at the expense of our rights as citizens of Newport Beach. Furthermore, the City has made this possible by failing to enforce any type of limitations on the proliferation of these facilities. The time is now for the City to rectify this unfair situation for the benefit of all residents within the 1000 to 1200 blocks of W. Balboa Blvd. OR 0124 See attached picture # 4 residents. The Ocean Recovery facility at 1115 W. Balboa Blvd. has three two -car parking garages that open to the alley. Since moving into the building approximately four years ago, Ocean Recovery has never used any of these six parking spaces for parking automobiles, but has used them instead as meeting or living rooms equipped with carpet, chairs, white boards, stereos, couches, and TVs. Furthermore, Ocean Recovery assembles anywhere from 1040 people on a regular basis in these garages. During summertime, the garage doors are regularly raised, permitting unwanted group conversation, profanity, yelling, and other unacceptable behavior to invade the privacy of neighbors. Not only is this a violation of the rights of the local community, but it is also further testament to the fact that Ocean Recovery is not a residence, but rather a business operating within a residential neighborhood- In the past, the owner has indicated that none of his clients have vehicles on site white in treatment Truthfully, many clients own cars that are regularly parked on W. Balboa Blvd. Although clients sometimes travel by van to outside meetings, they continually come and go in their own cars throughout the day. Additionally, visitors to this facility also park on W. Balboa Blvd In fact, l am sure the City has assessed many violations for parking in the alley behind 1115, as clients and their visitors often cannot find available parking on W. Balboa_ Personal vehicles and facility visitors make it difficult, if not impossible, for other residents to find parking on the 1100 block of W. Balboa Blvd. Residents are disadvantaged because Ocean Recovery uses garages as meeting rooms and not for parking. This is another example of Ocean Recovery misleading the City and failing to consider the needs and tights of their neighbors. See attached pictures # 5,6,7,8,9,10 & l l Constant second -hand smoke from the 1115 W. Balboa facility is a serious health hazard for my family and all other residents within the 1100 block of W. Balboa Blvd. Numerous clients at the 1115 facility constantly smoke cigarettes in the courtyard, in front of the facility, and behind the facility. It is not uncommon for 10 -20 individuals to smoke at the same time in these areas. At the facility's regular Thursday evening barbecue —which individuals from other sober living locations and/or recently departed residents attend— the number of smokers can exceed 40 individuals. The courtyard where most smokers gather is within fifteen feet of four other residences that abut the property. r11ykd This is a genuine health and safety concern for all of us who live within range of this second -hand smoke. From my own experience, attempting to avoid second -hand smoke has left me and my family literally shuttered in our home. We cannot open any windows on the south side of our residence without being exposed I know the neighbors on the south side of 1115 W. Balboa have the same problem. Like most residences on the Peninsula we do not have air conditioning, so we are forced to open windows in warmer weather and endure these noxious fumes, which not only settle in ou upholstery and shades but pose a serious health risk Coincidentally, I developed asthma approximately three years ago. I am now wondering whether the second -hand smoke from 1115 has been a contributing factor. Living next to Ocean Recovery has burdened me financially as well. My house was built in the 1980's with wood and single -pane glass windows. Shortly after Ocean Recovery moved in to 1 115 W. Balboa Blvd., cigarette finites and noise penetrated my home even when my windows were closed This problem worsened when the sober living facility at 1129 W. Balboa Blvd. took up residence about 6 months later next door to the north. Consequently, I spent $30,000 replacing 31 windows with double -paned glass. I also had to replace the north and south side windows with opaque glass, as we found residents peering into our home when the shades were up and/or windows opened. Should I as a tax- paying and respectful resident have to spend this kind of money to block out the detrimental and unsafe environmental impacts created by each of the facilities at 1115 and 1129 W. Balboa? This doesn't seem fair or legally right. The City has banned smoking on the beach and in most areas in City buildings, but I am subjected to second -hand smoke seven days a week This is a health hazard for my family and me, and I request that the City reject the 1115 W. Balboa Blvd. application based upon these safety risks to myself and my neighbors. When Ocean Recovery first opened, a full-time manager lived on site. He has since left, and I am not aware that Ocean Recovery has replaced him. If they have, I have not been able to distinguish the new manager from the other residents. This lack of leadership and poor management has led to an increase in noise level (e.g., residents yelling at each other, fighting, loud stereos, loud TVs, etc.) and behavior detrimental to the neighbors at all hours of the day and night. I don't think there is even a curfew, as I see and hear clients leaving the facility on bikes at all hours of the night, residents' cars pulling up in the alley in the late evening with stereos blasting, and large groups of clients gathering in selected rooms and making noise well into the night. The profanity that emanates from the facility on a daily basis is disgusting and offensive to anyone who can hear. Groups of residents frequently loiter aimlessly in from and behind the facility. They are intimidating to other residents and visitors and rude to those who approach them about unreasonable OR 0126 consistent with the City executing its legal responsibility of protecting the rights of the citizens and neighborhood that they have been entrusted to protect. Importantly, approximately 125 local residents have signed a petition opposing approval of these applications. Over 30 of these signatures were secured from families with children at Newport El and 70 from owners and renters within 3 blocks of the 1115 facility. Additionally, the City has received at least t0 letters from immediate neighbors of the facility at 1115 W. Balboa Blvd., voicing their specific concerns and experiences for opposing these applications. I trust that the City will take this strong community opposition and deny the Ocean Recovery facilities at 1115 and 1601 W. Balboa Blvd. ncerely, P A. Lopez 1125 th W. Balboa Blvd. Newport Beach CA 949 - 673-0489 OR 0127 PIANNIW 1T`Pkl4lfE 4 FM02M February 5, 2009 To: Thomas W. Allen, Hearing Officer bgy David Kiff, Assistant City Manager Subject: Petition Opposing the Ocean Recovery Facility Group Residential Use Permit For 1115 W. Balboa and 1601 W. Balboa Blvd, Dear Mr. Allen and Mr. Kiff, Attached please find a petition that has been signed by 120 local residents who are strongly opposing the issuance of Residential Use Permits for both 1115 W. Balboa Blvd. and 1601 W. Balboa Blvd These local Newport Beach and peninsula residents are requesting that the City deny the approval of these Ocean Recovery facilities on the following grounds: • The two business locations- are leas than 1,006 feet away from Newport Elementary School and Its adjacent playgrounds, and are incompatible vdth surrounding uses, public health & safety. • Neighbors have experienced repeated nuisance problems for over 5 years: smoking {second hand smoke and butts); litter; bud noise and profanity; loitering; and confrontational Inchtards. • The business operations provide an undue burden on parldng and traffic. At the 1115 facility. all onside paddng has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment. • There Is an overconcentration of facilities. with a City approved facility at 1132 W. Balboa; a facility that Is expected to appeal the C(ty's dental of its permit request at 1216 W. Balboa; two more facilities that face abatement under City regulations at 1129 and 1111 W. Balboa Boulevard; and another one In licensing at 1217 West Bay that the City can not abate- there ore simply too many facilities too close to the school and the playgrounds. I also know that several residents have elected to voice their opposition to these applications through writing letters and or sending their petition signatures directly to Dave Kiff. I am aware of a least nine letters that have been sent or are being sent to the attention of Dave. I have copies of each and trust that you both do also. Additionally, please note that these signatures and letters have been generated by the following individuals: 1) Approximately 30 signatures on the petition are from parents /families of children attending Newport Elementary; over 70 of the signatures are from residents within 3 blocks of the 1115 W. Balboa facility_ 2) Includes signatures and! or letters of all neighbors abutting directly to the north, south, and west side of the It 15 facility, including owners and renters. OR 0128 I trust that the City will take into consideration this overwhelming opposition to the Group Residential Use Permits for the Ocean Recovery facilities at I1 is and 1601 w. Balboa Blvd We strongly urge the City to reject these applications. N ly, Paul A Lopez 1 . 1125' %: W. Balboa Blvd Newport Beach, CA 92661 949 - 673.0489 OR 029 r January; 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business Ioead*ns- are less than 1.000 feet away from Newport Bementary School and its adjacent playgrounds, and are incompatible with surrounding uses, public health E safety. • Neighbors he" experienced repeated nuisance problems for over 5 years: smoking (second hand smoke and bolts); fitter, loud noise and profanity; Mtedng; and wMrontational Incidents. • The business operations provide an undue burden on parking and traffic. At the 1115 facility, all onalte parking has been eliminated • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful emrlr*na*n . • There is an overeoncentratton of facilities- with a City approved facility at 1132 W. Balboa; a facility that is expected to appeal the City's der" of its permit request at 1215 W. Balboa; two more facilities drat face abatement under City regulations at 1129 and 1111 W. Balboa Boulevard; and another one in licensing at 1217 West Bay- that the City can not abate - there are simply too many facilities too dose to the school and ptaygrom+nds. i MINK • • lie a signature Na e Signaturp 1 ♦�- OR 0130 January, 2008 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS - OCEAN RECOVERY, LOCATED AT: 111B W. Balboa Blvd. and 1801 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are less than 1.000 feet away from Newport Elementary School and Its adjacent playgrounds, and are incornps We with surrounding uses, public health a safety. • Neighbors have experienced repeated nuisance problems for over 6 years; arno" (second hand smoke and butter, Inter loud noise and profanity; loitming; and confrontational incidents. • The business operations provide an undue burden on paring and traffic. At the t 116 facility, all onske parldng has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe healthy and peso" smhomnent. • There is an overconcentraeon of facNties. with a City approved facility, at 1132 W. Balboa; a facility that is expected to appeal the City's denial of tie pemdt request at 1216 W. Balboa; two more facilities that face abowne t under City regulation& at 1129 and 111 f W. Balboa Boulevard; and another one in Nce oft at 1217 Weat Bay- that the City can not abate- there are simply too many factiitlea too close to the school and playgrounds. A rr tr %h�1I' iRMff III r� 71 -1 r11111119% !../ �. �Yi� / , •�� r OR 0131 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations• are We than 1.000 feet away from Newport Elementary School and its adjacent playgrounds, and are Incompatible with surrounding uses, public health a safety. • Neighbors have experienced repeated nuisance problems for over 6 years: smoking (second hand smoke and butts); litter, loud noise and profanity; loitering; and confrontational incidents. • The business operations provide an undue burden on parking and traffic. At do 1116 facility, an onaft parking has bean elladnsfed. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful emiromnant. • There Is an overconcentratior of fadettes. with a qty approved facility at 1192 W. Satiroa; a facility that Is expected to appeal the Citys denial of its permit request at 1216 W. Balboa; two more facilities that face abatement under City regulations at 1126 and 1111 W. Balboa Boulevard; and another one in licensing at 1217 West Bay- that the City can not abate. there are simply too many fadetses too dose to the school and playgrounds. Namev&A Al �/!'Yl�_ Name SlgnaturaUD —a 0 �\f/Y� Signature Address 1( -011A f Address Name Name Signature _ )—'(M ,i n Signature Address jal Address Name Q Name Nl Signature _ Signature Address Address Name Name Signature Signature Address Address OR 0132 January,'2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT. 1115 W. Balboa Bivd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Cow"onal the Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1118 W. Balboa Boulevard and at 1801 W. Balboa Boulevard, based on the following: • The two business locations- are lee than 1,000 feet away firm Newport Elementary School and He adjacent playgrounds, and are Incompatible wkh surrounding uses, pubes health 3 aakty. • Neighbors have experienced repeated nuisance problems for owr 6 yeas: amol ft (second halal $atoke aril butts): Utter; loud notaa and profanity; Of erkv; and eonkontational Incidents. • The busbmss operations provide an undue burden an parking and tragic. At the 1116 fiwitity, am onaBa pwWw has been MNnMated. • The operation of the bus' i a precludes nolghbas and hm" with children frequenting the area to haw a safe, healthy and posedw NwM onnient. • There Is an ovsrconcsntrtlion of facMU**. with a City approved facility at 1132 W. Baltoa; s facRY Mat k expected to appeal the city'' dental of Its permit request at 1216 W. Balboa; two more fa liltlas that face abatement under City roguldiona at 1129 and 1111 W. Balboa BouW#ard; and analfmr arse in liceagng at 1217 West Bay- that the City can not abate- there are aknply too many fackitias too close to the School and playgrounds. n- 1- - - -- 7e 3 _ OR 0133 fflWW"W-2FSi-' Me iii • � WINE jAW u 7e 3 _ OR 0133 Janftary; 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 1116 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby peen the City of Newport Beach to deny a Conditional Use Permit and urge the City to Ilnlnediattly abaft the business: Ocean Recovery, opera** at 1115 W. Balboa Boulevard and at 1681 W. Balboa Boulevard, based on the following: • The two business locations. are lass then 1AW hat away from Newport Elementaq achaol and ae adjacent playgrounds, and are kreompaabta with surrounding was, public hsaah & safety. • Neighbors have eVarMneed repeated nuisance problems for overt; years: srooWOg (asoond hand smoke and butts); titter, loud noise and pmfarr:ty; lokerhrg; and conhontationsi incidents. • The business operations provide an undue burden on p*rkhrg and traffic. At the 1116 fact ft ell onalie panting has been etimbrated. • The oparatlon of the WON= precludes neighbors and f "iss with children frequenting the area to hrnra a safe, healthy and pwcdW arwirorrmant • There is an overconcentraWn of fWAffea- with a City approved facility at 1132 W. Balboa; a facltity that is expected to appeal the CW* denial of its permit request at 1216 W. Balboa; two more facluties that face abatement under City regut*aous at 1126 and 1111 W. aslboa Boulevard; and another one in 6cetteMg at 1217 Wsat asy- that are City can not *beta. there are *Amply too many fWgues too close to the school and playgrounds. OR 0134 � y• U � �a►� tl1 - r i i OR 0134 January, 2008 - PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS - OCEAN RECOVERY, LOCATED AT., 1115 W. Balboa Blvd. and 1501 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditlanal Use Permit and urge the City to hnmedlately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the follovdng: • The two business locations- are less than 1,000 feet away from Newport Elemortary School and its adjacent playgrounds, and are incompatible with surrounding uses, public health 3 safety. • Netghbas have wgnrierwed repeated nukance problems for over 5 years: smoldrtg (second hand smAs and butts): litter, lord noks and pWmft 7 kftrMW, and conhugadmol hwlQerns. • The buatness opaMlorw provide an undue burden an parking and traffic. At tlhe 1115 facOtly, lip oraite parking has boon ethninated. • She operation of the business precludes no4ghbors and famWes with chlldrsn *mpenft the area to have a safe, heakhy eml peaceM emrkonmenL • There is an overeoncentratlon of fadnws- whh a Cky approved fae ty at 1152 W. Balboa; a f clft that Is expected to appeal the CRy'a dental of is pemat regtwM at 1218 W. Bagxmk two i.mx faddittes thffi faca agent under CRY regulations at 1i28 and 1111 W. Balboa Boulevard: and another we In @catalog at 1217 West Bay- that the City can not *bate - there we simply too mny hdlides too close to the school and playgrounds. OR 0135 .'. .., :.::tie � . w � C i / ) a f � • •'• � �h� /vim" � 1 I OR 0135 COWERNED FAMILIES - PETITION TO DENY CONDITIONAL USE PERMIT AND IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS, OCEAN RECOVERY, located at.- 11115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Perk and urge the City to immediately abate the business: Ocean Recovery, operating at 1116 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locatlons- are less them 1,000 feet away from Newport Elementary School and its adlaeeM playgrounds, and are Incompatible with surrounding uses, public health b safety. • Neighbors have experhanceii repeated nuisance problem for over 0 years: smoking (second hand smoke and buds); later; bud notes and profanity; lettering; and confrontational incidents. • The business operations provide an undue burden on parking and traffic. At the 1113 facility, all one" parMng has been "urinated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment. • There is an ovemoncanhatbn of facilities. with a City approved facility at 1152 W. Balboa; a facility that Is expected to appeal the City's denial of Its permit request at 1216 W. Balboa; two more faatlkles that fad abstement undo City regulations at 1120 and 1111 W. Balboa Boulevard; and another one In licensing at 1217 West Bay - that the City can not abate- there are simply too many facllitles too close to the school and playgrounds. 1/ i.� % I - ��/f'l� ►Tile _ iii._.__.., r "" �._, /� „_' •, �.,,.. © / = 1 , y L '+ L �_ • � fi �� i s e '416 (/ OR 0136 CONCERNED FAMILIES - PETITION TO DENY CONDITIONAL USE PERMIT AND IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS, OCEAN RECOVERY, located at: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business lmuons- are less than 1,006 feet away from Newport Elementary School and Re adjacent playgrounds, and are Incompatible wltit surrounding uses, public health & safety. • Neighbors. have experienced repeated nulsancelproblems for over 6 years: smoking (second hand smoke and butts); War; loud noise and profanity; loitering; and confrontational Incidents. • The business operations provide an undue burden on parking and traffic. At the 1116 faclitty, as onslte partdng has been eliminated. • The operation of the business precludes neighbors and famNks with children frequenting the area to have a safe, healthy and peaceful environment • There Is an overconcentragon of facilities- with a City approved facility at 1132 W. Balboa; a facility that Is expected to appeal the City's denial of he permit request at 1216 W. Balboa; two more facilities that face abatement under City regulations at 1128 and 1111 W. Balboa Boulevard; and another one In Iicensing at 1217 West Bay- that the City can not abate- there are simply too many facilities too close to the school and playgrounds. Name 2tl- lzo Name Signature. axiko-Al -- Signature Address 1C A? Address �� 4 -c« - Name Name Signature Signature Address A% c., Address A0 CA qz61, > 1.4 6 ?,;o ► � Name Signature Sign Address t 4, Address Name Name Signature Signature Address f ti Address OR 0137 January, 2008 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to Immediately abate the business: Ocean Recovery, operating at 1116 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are Was than 1,000 fast away from Newport Elementary School and its adjacent playgrounds, and are incompatible with surrounding uses, public health 6 safety. • Neighbors have experienced repeated nuisance problems for over 6 yeah: smoking (second band smoke and butts); Niter, bud nose and profanity; loltstjng; and confrontational Incidents. • The business operations provide an undue burden on parld ng and traffic. At the 1116 hdiky, ak onshe padding has been eliminated. • The operation of the business precludes neighbors and tesngies with children frequenting the anti to have a ante, healthy and peaceful environment • There is an overoormentretion of facnoes- with a City approved Wft at 1152 W. Balboa; a facility that In expected to appeal the Ck^ denial of its permit request at 1216 W. Balboa; two snot fadgtles thtd lace abatement under City regulations at 1129 and 1111 W. Balboa Boulevard; and another one In licensing at 1217 West Bay- that the City an not abate -arse are simply too many facilities too close to the school and playgrounds. Nail OY\ Name �. Signature Aa,,. 1411-4 _ Signature cgyc / Address _ l a-1 a- Address _ ! 1 Name Name AW yw 5" Signatuwe%� Signature Address D4f4,0 f"/LnU Address !�42 AV ,6j . Name G' /!�� Name Signature Signatu Address _ DVS Lei //d Address 36 E e / Name pr%/ I ✓ n�iTS/' /t,G% Name 1,yRnaa i'• �AZ-Ee_ER9' Signature . SignatureRa Address _y17 3oT �T. � ��. -9� Address (�_ 1 661 OR 0138 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 1116 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1196 W. Balboa Boulevard and at 7801 W. Balboa Boulevard, based on the following: • The two business locations- are leas than 1,666 feet away from Newport Elementary School and No adjacent playgrounds, and are Incompatible with surrounding uses, public health 6 safety. • Neighbors have experienced repeated nuisance problems for over 6 years: smoking (second hand smoke and butts); litter, loud noise and profanity; lo"rbrg; and confrontational incidents. • The business operations provide an undue burden on packing and traffic. At the 1116 facility, all one" parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe; healthy and peaceful environment. • There Is an overconcentradon of facilities- with a City approved facility at 1132 W. Balboa; a facility that Is expected to appeal the City's denial of Its permit request at 1216 W. Balboa; two more facilities that face abatement under City regulations at 1129 and III W. Balboa Boulevard; and another one In licensing at 1217 West Bay - that the City can not abate - there are simply too many facilities too close to the school and playgrounds. OR 0139 Name J :Signature,, Narne ", . 'Signature r,L'�'11► /► f Jy.. rr•l 1 OR 0139 Januay, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 1116 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1116 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are two than 1,000 feet away from Newport Elementary School and its adjacent playgrounds, and are Incompatible with surrounding uses, public health d, safety. • Neighbors have experienced repeated nuisance problems for over 5 years: smoking (second hind smoke and butts); litter, Inud noise and profanity; loitering; and confrontational Incidents. • The business operations provide an undue burden on parking and traffic. At the 1116 facility, all ooalte parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment. • There is an overconcentration of facilities- with a City approved facility at 1132 W. Balboa; a facility that Is expected to appeal the City's denial of its permit request at 1216 W. Balboa; two more facilites that face abatement under City regulations at 1129 and 9111 W. Balboa Boulevard; and another one In licensing at 1217 West Bay - that the City can not abate - there are simply too many facilities too close to the school and playgrounds. OR 0140 WEI Signature .� Name Signature Signature (A I jam• S'. a a / %! ILLI _� OR 0140 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do herby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1116 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two bushwas locations- are lass than 1,000 feet away from Newport Elementary School and he adjacent playgrounds, and are Incompatible with surrounding uses, public health & safety. • Neighbors have experienced repeated nuisance problem for over ti years: smokbng (second hand smoke and butte); Ikbrr; loud noise and profanity; I*Wrkg; and confrontational Incidents. • The business operations provide en undue burden on parking and traffic. At the 111S facility, ati orke parking has been eliminated. • The operation of the business precludes neighbors and famines with children frequenting the area to have a safe, healthy and peaceful srwironment. • There Is an ovorconceMretion of facilities- with a City approved facility at 1192 W. Balboa; a facility that Is expected.to appeal the Chys denial of its perk request at 1216 W. Balboa; two more facilities that face abatement under City regulations at 1129 and 1111 W. Balboa Boulevard; and another one In Ikensing at 1217 West Bay- that the City can not abate- there are simply too many facilities too close to the school and playgrounds. I` OR 0141 PRO I, Sign re 11 signature Address o-0 k k� r I` OR 0141 January; 2009 - PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE.RESIDENTIAL.DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN. (-4zR, ECOVERY; LOCATED.AT:.1115 W.. Balboa Blvd. and 1601. W. Balboa Boulevard _. fhe undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Pennit and urge the City to immedjately.abate the business: Ocean -Recovery, operating at 1116 W. Balboa Boulevard a: Watt 1001 W. Balboa Soulovard, based on the following: • The two business locations- are lets than 1,000 feet away from Newport Elementary School and Its adjacent playgrounds, and are Incompatible with surrounding uses, public health & safety. • Neighbors have experisnced repeated nuisance problems forayer 6 yeare. smoking (second hard smoke and bulls); litter, bud noble and proferikv: tottering; and confrontational huNdents. • The business operations provide an undue burden an parking and trafflc. At the ills facility, all omits parking has been eliminated. The operation of the business precludes neighbors and families with childrenirequenting the area to have a safe, heaitty and peaceful environment: • There is an overconcentratbn of fscYktss- with a City approved fatuity at 1132 W. Balboa; a facility that is expected to appeal the City's denial of Its permit request it 1216 W. Balboa, two more facilities that lace abatement under City regulations at 1128 and 1111 W. Balboa Boulevard; and another one In 0censhit at 1217 West Bay- that the City can not abate. there are simply too many facilities too doss tote school and playgrounds. �L Name TAJ M — acNCNf7A/ Name Signature �y� f - . �_ Signature. /l Address 113G (//6n/7.(li�/°�H :7Q Address Name Name. Signature Signature Address Address Name. Name Signature Signature Address Address Name Name Signature Signature Address Address OR 0142 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY. LOCATED AT: 1116 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are less than 1,000 feet away from Newport Elementary School and Its adjacent playgrounds, and arc Incompatible with sumounding uses, public health & safety. • Neighbors have experienced repeated nuisance problems for over 6 years: smoking (second hand smoke and butts); Ntbw, loud noise and profanity; loitering; and confrontational incidents. • The business operations provide an undue burden on parking and traffic. At the 1116 facility, all onelts parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe. healthy and peaceful otwironment. • There is an overconcentration of facilities- with a City approved fWAlty at 1132 W. Balboa; a feebly that Is expected to appeal the City's decrial of he perk request at 1216 W. Balboa; two more facilities that tare abatement under City regulations at 1129 and 11111 W. Balboa Boulevard; and anotherooe In licensing at 1217 West Bay -that the City can not abate. there are simply too many facilities too close to the school and playgrounds. OR 0143 V � �r , ♦ r. . � is x �.�:r. —._ � ate+_ ` Name a F& Signature _-5,v Address 73-N, r Name ., fl&y�cs Name Signature 81 , nature OR 0143 Y� January ; 2009 - PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE`.RESIDENTIALDRUG and ALCOHOL TREATMENT BUSINESS - OCEAN RECOVERY,. LOCATED AT: 1115 W. Balboa Blvd. and 1601 Wi Balboa Boulevard. "9Ye, the undemlgnsd do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge. the City to immediately abate the businsas:.Ocean Recovery, operating at 1116 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: ■ The two business °locations- are lass than 1,000 fast away from Newport Elementary School and No adjacent playgrounds, and are Incompatible with surrounding us". public health & safety. • Netehbors haye.experienced .repeated sutsanca problems for over 5 years: amoki (second band smoke and butts); litter, loud nolae.and profanity; IQ Raring; .and confrontational incidents. • The business operations provide an undue burden on parking and traffic. A1.1he 1115 facility, ail onsite parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and.peaceful erwironmenL • There Is an overconcentration of facilities.. with a City approved facility at 1432 W. Balboa; a facility that ie expected to appeal the City's dealal of Its permit request at 1210 W. Balboa; two more facilities that face abatement under City regulations at 1128 and 1111, W. Balboa Boulevard; and another one In licensing' at 1217 W®st�Bay- that the city can not abets -there are simply too many facilities too close to the school and playgrounds. Name /' t Name Signature Signature Address Aim Address Name: O V yd Name Signature ::- Signature Address // � / I W - 1�� Address P3�� 9z6 bl Name Name Signature Signature Address Address Name Name Signature Signature Address Address OR 0144 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to. deny a Conditional Use Permit and urge the City to immediately abate the bualness: Oosan Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are leas than 1,000 feet away from Newport Elementary gab" aid Its adjacent playgrounds, and are incompaI110 with surrounding uses, Public health 6 safety. • Nelghbors have expetiarced repeated nuisance problems for over B yearn: smoking (second hand smoiw and butia); litter; loud noise and profanity; loitering: and confrontational incidents. • The business opkradons provide an undue burden on par" and traffic. At the 1116 fadNty, all onaite paArlog has been ollmla ated. • The operation of the business precludes neighbors and families with children freciLw [ag the area to have a sets. healthy and peaceful environawnt • Thera Is an overeoncentration of famiies -with a City approved facility at 1132 W. Balboa; a facility that is expected to appeal the City's denial of He permit request at 1216 W. Balboa; two mate facllltles that tare abatemant tardy qty regulations at 1128 wo 1111 W. Balboa Boulevard; and anotiter we in licensing at 1217 West Bay- that the City can not abate• there are simply too matt' fadlities too dose to the school and Play9T'ounda. Name aouyid, agd4&l Name signature signature_ RIC1090 A. RiPOE Address 11,24 WAd-OM41UA006W Address Name t Name Signature dal cy- Signature Address 14� ff Address IVGW p Name Name Signature Signature Address Address Name Name Signature Signature Address Address 0145 January, 2009 - PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1801 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1116 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are less than 1.000 feat away from Newport Elernentary School and Its adlacwt playgrounds, and are incompatible with surrounding uses, publle health & safety. • Neighbors have experienced repeated nuisance problems for over 5 yeas: smoking (second hand smoke and butts); liter, loud nolse and profanity; loitering; and eanfrontodoned Incidents. z • The business` operations provide an undue burden on patift and trafflc. At the 1115 facility, all *tarts parld" has been all ninated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment • There is an overconcentratlon or facietles. with a City approved faculty at 1132 W. Balboa; a Willy dual Is expected to appal the (qty's denial arms permit request at 1215 W. Balboa; two more facilities that face abatement under City regulations at 1129 and 1111 W. Balboa Borievad; and another one In licensing at 1217 West Bay- t hat the City can not abate- there are simply too many fadlttles too close to the school and Playgrounds. Name Ir %' e'4—Asuaes Signature Address U ZZ N i1=O —Cr -V f Name Signature Address Name Signature Address Name Signature Address Name Signature Address Name Signature Address Name Name Signature Address Signature Address January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to Immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are less than 1,000 feet away from Newport Elementary School and Its adlacant playgrounds, and are Incompatible with surrounding uses, public health & safety. • Neighbors have experienced repeated nuisance problems for over 5 years: smoking (second hand smoke and butte); titter, bud noise and profanity; loitering; and confrontational Incidents. a • The business operations provide an undue burden on parking and tranic. At the 1110 facility, a!I onaite parking has been allminafed. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment. • There Is an overconcentration of facilities- with a City approved facility at 1132 W. Balboa; a facilHy that is expected to appeal the CIW* dental of Its permit request at 1210 W. Balboa; two more facilities that face abatement under City regulations at 1129 and 1111 W. Balboa Boulevard; and another one In licensing at 1217 West Bay - that the City can not abate- there are simply too many fac0ies too close to the school and playgrounds. Name tool Name Signature Signature D� ��,` Address �Q/ t�7t f✓ i V ell Address M-:5 t3 Ad Q ✓F. fJ `tzb fd`r� q 66 l Name VAC�W c''{ t`ilA � Name ,per 3 `DylI Signature ysZd[ttif/ J947,(; Signature Address 670 1.1dp Park Address C., QLA _.J &f.n 11 2(01/3 Name ! . � lot, 2jy- l J Name Er : c K I l 0 CL ,.'- Signature �Ic2IY,, & Signature Address I i0 Address 70 3 � CA of Z66 Name S Name Signature Signature _ _ Address Is Z Address OR 0147 January, 2009 - PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to Immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: The two business locations- are less than 1,1100 feet away from Newport Elementary School and its adjacent playgrounds, and are Incompatible with surrounding uses, public health 6 safety. • Neighbors have experienced repeated nuisance problems for over 5 years: smoking (second hand smoke and butts); Utter; bud noise and profanity; loitering; and confrontational tncidents. • The business operations provide an undue burden an parking and traffic. At the 1116 facility, all onsite parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment • There Is an overconcentratlon of facilities -with a City approved facility at 1132 W. Balboa; a facility that Is expected to appeal the City's dental of Its permit request at 1216 W. Balboa; two more facilities that face abatement under City regulations at 1129 and 1111 W. Balboa Boulevard; and aradw one In licensing at 1217 West Bay that the City can not abate- there are simply too many facilities too dose to the school and playgrounds. Name L'Jnw5hl Name etz, _ Slgnatu Signature Address n iI:Z � W. OrtQ4 64- Address Z-6 Il%JVOT <SrF CA 9� Lz Name Ln _P�r Name Jy -Ohn Omar) Signature Signature Address W f lta Address 0'^Q I S� Ci9 82663 Name Name{�Lwe 1A Signature Signature Address 2FJ'S e�� ?40' Address 3H FLOS 06CT Name Name k)d,�&-IA j4dVW6 .1 Signatur Signature Address tiff l7iA N�• i Address OR 0148 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are leas than 1,000 feet away from Newport Elementary school and its adiacmht playgrounds, and are incompatible with surrounding uses, public health d safety. • Neighbors have experienced repeated nuisance problems for over 5 years: smoking (secondhand smoke and .butts); litter, bud noise and profanity; loitering; and confrontational Incidents. ., • The business operations provide an undue burden on parking and trafOc. At the 1115 facility, all onafte parking has been eliminated.' • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment. • There is an overconcentration of facilities- with a City approved facility at `1132 W. Balboa; a facility that is expected to appeal the City's dental of Its permit request at 1215 W. Balboa; two more facilities that face abatement under City regulations at 1129 and 1111 W. Balboa Boulevard; and another one in licensing at 1217 West Say. that the City can not abate. then are simply too many leashes too close to the school WW playgrounds. Name Name Signature en zid 112k. QM) Gh ! Signature T C Address 5va Address Name l % ba,726 Name Signature _ Signature _ h_ h Address I0I3 r Address Z eo 62 Name -Isct Mlm- -i Name —"A A Signature Signature Address i7.m xxxr aaY 9Z40 Address N f tZ Name Name Signature Signature Address Address OR 0149 January, 2009 - PETITION TO DENY CONDITIONAL USE PERMIT dr IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to Immediately abate the business: Ocean Recovery, operating at 1116 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the foilowing: • The two bushms locations- are Was then 1,000 feet away from Newport Elementary School and its adjacent playgrounds, and are incompatible with surrounding uses, public health & safety. • Neighbors have experienced repeated nuisance problems for over 0 years: smoking (second hand smoke and butts); liter; bud noise and pmfanlW; loltertng; and confrontational Incidents. • The business operations provide an undue burden on parking and traffic. At the 1110 facility, all 004169 parking has been elftninated. • The operation of the business precludes neighbors and famties with children frequenting the area to:hava a safe, healthy and peaceful environment. • There is an overconcenhatdon of facllklss- with a City approved facility at 1192 W. Balboa; a facility that In expected to appeal the City's denial of its pennk request at 1210 W. Balboa; two more facilities that face abatement under City regulations at 1120 and 1111 W. Balboa Boulevard; and another one in iee0skng at 1217 west Say- that the city can not abate- there are simply loo many faciittes too close to Ore act" and playgrounds. Name S``ALA Mr A stp o L Name Signature tIl. . Q .f eA _ _ Signature Address Address Name 7Lmel N Sa (L. J''i Name 3(gnatun&c&n djj Signature Address O c"e, ^ Address Name None Signature Signature Address Address Name Name Signature Signature Address Address OR 0150 Larry Mathena 1125 West Balboa Boulevard Newport Beach, California 92661 949- 752 -5115 Extension 18 mathenaesq@aol.com February 2,2009 TO: Thomas W. Allen, Hearing Officer David Kiff, Assistant City Manager SUBJECT: Ocean Recovery at 1115 West Balboa Boulevard, Newport Beach • Use Permit No. 2008 -030 Application ISSUE: Should the Hearing Officer approve or deny Ocean Recovery's application for a Use Permit for 1115 West Balboa Boulevard (UP- 2008 -030), to allow a residential care facility to operate a state licensed adult alcohol and/or drug abuse sober living facility for 22 resident (male only) clients? RECOMMENDED ACTION: 1. Conduct the Public Hearing; and 2. Deny the Use Permit for Failure to meet the requirement of the City's Group Resideadal Uses Ordinance ("Ordinance" or "Ordinance 2008 -05). BACKGROUND: To protect the integrity of residentially zoned arras of the city, residential uses like boarding houses and fraternitiesisorodties have been prohibited in all residential districts. Following the adoption of Ordinance 2008 -05 on January 22, 2008, the City has changed the way it regulates residential uses that do not consist of a single housekeeping unit, but provide group home living arrangements for the disabled, such as sober homes and alcohol and drug recovery treatment homes licensed by the State of California's Department of Alcohol and Drug Programs ( "ADP "). In California ADP Fact Sheet, California in Treatment: Fiscal Year 2006 -07 the following point is noted: 27% of residents of a rehabilitation facility do not abstain frmm using their primary drug during thew residency. This is consistent with the Operations 1011 Manual of Newport Coast Recovery- which has a goal of getting and keeping "75% of all clients sober /clean for the duration of the program." Therefore statistically in the discussion of the facilities that follow, one can reasonably assume that one quarter of die residents of the facilities continue to use and abuse their primary drug- As of the date of this submittal, the following has occurred: • The 11 -bed Balboa Horizons facility for women at 1132 West Balboa received a conditional use permit under the Ordinance. • The 29 -bed Newport Coast Recovery facility for men at 1216 West Balboa was denied a permit under the Ordinance. However, an appeal is anticipated based on Mr. Mike Newman's (one of the owners of Newport Coast) statements to the Daily Pilot in the Sunday, February 1, 2009 paper. • The 12-bed Kramer Center facility hearing on Thursday, January 29, 2009 was cancelled- because the operator has withdrawn its application. [In accordance with an email from Mr. Kiff to interested parties, this does not mean that the operator won't seek reasonable accommodation.] • An Ocean Recovery 6 -bed rehabilitation facility is expected to receive a state ADP license shortly at 1217 West Bay Street. As a six bed licensed facility- the City has no power to reject its operations at this location. • An unlicensed fourteen bed facility at 1129 West Balboa Boulevard is scheduled for abatement. • Two Ocean Recovery facilities- the one discussed in this memorandum at It 15 West Balboa Boulevard (UP- 2008 -030) and its facility at 1601 West Balboa Boulevard (UP- 2009 -031) are set for hearing under the Ordinance on February 5 h, 2009. DISCUSSION Ocean Recovery Operations at 1115 W. Balboa Boulevard Ocean Recovery operates a residential care facility located at 1115 West Balboa Boulevard. There are two buildings at the project which house a total of 22 adult residents in a sober living environment. The facility has been operating since the summer of 2004. Under the Ordinance Ocean Recovery applied for a Use Permit from the City for its activities. OR 0152 There has been a substantial amount of evidence submitted proving Ocean Recovery's inability to meet the requirements necessary to receive a Use Permit. Correspondence from nearby residents delivered to you (some but not all of which is attached to this document as Exhibit One) indicate that at the 1115 West Balboa site - Ocean Recovery: • has eliminated all on -site parking, despite the fact that some of its residents and many of its regular visitors drive and park automobiles at the facility; • constantly generates second -hand smoke at the facility which permeates the adjoining neighbors' properties; • has clients at the facility regularly using inappropriate coarse, vulgar language full of curse words often within hearing range of young girls; • accumulates dramatic amounts of trash which is stored without proper bagging directly below the open windows of neighbors' bedroom windows - causing odor and bug problems when it is warm; • has not adequately supervised its clients. There is a reoccurring theme in the correspondences received of inappropriate behavior, • does not adhere to the required "quiet time" from 10 pm to g am, and in violating this requirement, its clients use loud and crude language both late at night and very early in the morning; • clients participate in the institutionalized weekend alcohol and drug rehabilitation gatherings on the beach at 15th street, just So feet away from children utilizing the playground; and • is evidence of over the overconcentration of residential care facilities on the 1100 and 1200 blocks of West Balboa Boulevard. Additional salient facts. Ocean Recovery, despite having its operations begin in 2004 at 1115 West Balboa Boulevard in 2004, never applied for a Federal Exemption Permit under the law that existed prior to the Ordinance. A petition signed by 120 neighborhood residents of the neighborhood expressing their position that there is an overconcentration of group residential facilities and that there are too many- too close to Newport Elementary school and the Use Permit for 1115 West Balboa Boulevard (as well as 1601 West Balboa Boulevard) should be denied. A copy of the petition is attached as Exhibit Two. 3 OR 0153 ANALYSIS In order to allow an existing legally operating group residential care facility to remain in operation, a Hearing Officer must find, following a noticed public hearing, that all four of the findings identified in NBMC §20.91.035 (A) and all seven of the findings identified in §20.91 A.060 have been met. Ocean Recovery is located at 1115 West Balboa Boulevard ( "Use Location ") in Newport Beach, California. It is a group residential care facility that is a state- licensed alcohol or drug residential treatment home for up to 22 persons (ADP License No. 300144BP), The Use Location is within the Nonstandard Subdivision Area as defined by the Ordinance. Proximate to the Use Location are the following uses referred to in NBMC §20.91 A.060 (D) Other Residential Care Facilities: 1. Within 122 feet Balboa Horizars Recovery Services (11 bed licensed treatment facility located at 1] 32 West Balboa Boulevard, with an approved use permit), almost directly across the street from the Use Localion. 2. Within 33 feet: 1129 West Balboa Boulevard (14 residents- unlicensed facility subject to abatement). 3. Within 400 feet Newport Coast Recovery (29 bed licensed treatment facility located at 1216 West Balboa Boulevard, with a use permit denied by the Hearing Officer but with appeal anticipated). 4. Within 550 feet: Ocean Recovery- 6 bed license (being finalized) treatment facility located at 1217 West Bay. Schools and Child Care Facilities: 1. Within 700 feet: Newport Elementary School for students in grades Kindergarten through 5th grade at located 1327 West Balboa Boulevard. 2. Within 1175 feet: Christ Church's large (44 children capacity) state - licensed day care center located at 1400 West Balboa Boulevard). 1. Within 1650 feet: Outlet for alcoholic beverages is Fry's Market located at 115 E. 15th Street the American Legion Hall located at 215 W. I Sth Street. 2. Within 1725 feet: Outlet for alcoholic beverages is the American Legion Hall located at 215 W. 15th Street. In analyzing the circumstances of (his Use Permit application and reviewing the project setting, supporting evidence to make the required findings of NBMC Sections 20.91.035 (A) and 20.91A.060 is simply not present. The required findings, and discussion regarding whether or not the finding can W made are as follows: OR 0154 1. NBMC Section 20.91.035(A) Finding NO. 1: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. The use is not in conformance with the requirements of this funding and this finding cannot be made for the following reasons: This finding cannot be made because the use is not in accord with the objectives of NBMC Section 20.91A.010. One of the two stated purposes in the provisions of this section is "to protect and implement the recovery and residential integration of the disabled, including those receiving treatment and counseling in connection with dependency recovery. In doing so the City seeks to avoid the ovetconcentration of residential care facilities so that such facilities are reasonably dispersed throughout the community and are not congregated or over - concentrated in any particular area so as to institutionalize the area." The achievement of this purpose is compromised at the subject property location by the proximity of the surrounding uses. There is easy access to alcoholic beverages at two locations - three and a half blocks away. Due to the sober living objective of the project use, nearby commercial uses that either serve and/or sell alcoholic beverages is a concern. Even more troubling is the degree of residential care facilities nearby. It rises to the level of institutionalization of the area There are four other facilities less than a block length away. An 11 bed facility is directly across the street (1132 West Balboa Boulevard). Another 14 bed facility is are house away (1129 West Balboa Boulevard). A third 29 bed facility is a block away (1216 West Balboa Boulevard). Another 6 bed facility will be a little more than a block away (1217 West Bay). Including the Applicant- within less than 550 feet (less than calculable median block length of 617 feet in the area as will be discussed in greater detail below) there are currently five residential care facilities with a total of 82 beds). This is institutionalization. 2. NBMC Section 20.91.035(A) Finding NO2: That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The use is not in conformance with the requirements of this finding and this finding can not be made for the following reasons: General Plan Policy LU 6.2.7 directs that the City regulate day care and residential care facilities to the maximum extent allowed by federal and state law so as to minimize impacts on residential neighborhoods. But based on the record provided - substantial 0155 Exhibit No. 8.1 (attached as Exhibit 8 to City of Newport Beach Planning Department Staff Report) Av.doc OR 0156 Larry Mathena 1125 West Balboa Boulevard Newport Beach, California 92661 949 - 752 -5115 Extension 18 mathenaesq @aol.com February 2,2009 TO: Thomas W. Allen, Nearing Officer David Kiff, Assistant City Manager SUBJECT: Ocean Recovery at 1115 West Balboa Boulevard, Newport Beach • Use Permit No. 2008 -030 Application ISSUE: Should the Hearing Officer approve or deny Ocean Recovery's application for a Use Permit for 1115 West Balboa Boulevard (UP- 2008-030), to allow a residential care facility to operate a state licensed adult alcohol and/or drug abuse sober living facility for 22 resident (male only) clients? ACTION: 1. Conduct the Public Hearing, and 2. Derry the Use Permit for Failure to meet the requirement of the City's Group Residential Uses Ordinance ( "Ordinance" or "Ordinance 2008 -05'). BACKGROUND: To protect the integrity of residentially zoned areas of the city, residential uses like boarding houses and fratemities/sororities have been prohibited in all residential districts. Following the adoption of Ordinance 2008 -05 on January 22, 2008, the City has changed the way it regulates residential uses that do not consist of a single housekeeping wit, but provide group home living arrangements for the disabled, such as sober homes and alcohol and drug recovery treatment homes licensed by the State of California's Department of Alcohol and Drug Programs ( "ADP "). In California ADP Fact Sheet, California in Treatment: Fiscal Year 2006 -07 the following point is noted: 27% of residents of a rehabilitation facility do not abstain from using their primary drug during their residency. This is consistent with the Operations OR 0157 Manual of Newport Coast Recovery- which has a goal of getting and keeping "75% of all clients sober /clean for the duration of the program." Therefore statistically in the discussion of the facilities that follow, one can reasonably assume that one quarter of the residents of the facilities continue to use and abuse their primary drug. As of the date of this submittal, the following has occurted: • The I l -bed Balboa Horizons facility for women at 1132 West Balboa received a conditional use permit under the Ordinance. • The 29 -bed Newport Coast Recovery facility for men at 1216 West Balboa Was denied a permit under the Ordinance. However, an appeal is anticipated based on Mr. Mike Newman's (one of the owners of Newport Coast) statements to the Daily Pilot in the Sunday, February 1, 2009 paper. The 12 -bed Kramer Center facility hearing on Thursday, January 29, 2009 was cancelled- because the operator has withdrawn its application. [in accordance with an email from Mr. Kiff to interested parties, this does not mean that the operator won't seek reasonable accommodation.] • An Ocean Recovery 6 -bed rehabilitation facility is expected to receive a state ADP license shortly at 1217 West Bay Street. As a six bed licensed facility - the City has no power to reject its operations at this location. • An unlicensed fourteen bed facility at 1129 West Balboa Boulevard is scheduled for abatement. • Two Ocean Recovery facilities- the one discussed in this memorandum at 1115 West Balboa Boulevard (UP- 2008 -030) and its facility at 1601 West Balboa Boulevard (UP- 2008 -031) are set for hearing under the Ordinance on February 5% 2009. DISCUSSION Ocean Recovery Operations at 1115 W. Balboa Boulevard Ocean Recovery operates a residential care facility located at 1115 West Balboa Boulevard. There are two buildings at the project which house a total of 22 adult residents in a sober living environment. The facility has been operating since the summer of 2004. Under the Ordinance Ocean Recovery applied for a Use Permit from the City for its activities. OR 0158 "Ihere has been a substantial amount of evidence submitted proving Ocean Recovery's inability to meet the requirements necessary to receive a Use Permit. Correspondence from nearby residents delivered to you (some but not all of which is attached to this document as Exhibit One) indicate that at the IIIS West Balboa site - Ocean Recovery: • has eliminated all on -site parking, despite the fact that some of its residents and many of its regular visitors drive and park automobiles at the facility; • constantly generates second -hand smoke at the facility which permeates the adjoining neighbors' properties; • has clients at the facility regularly using inappropriate coarse, vulgar language full of curse words often within hearing range of young girls; • accumulates dramatic amounts of trash which is stored without proper bagging directly below the open windows of neighbors' bedroom windows - causing odor and bug problems when it is warm; • has not adequately supervised its clients. There is a reoccurring theme in the correspondences received of inappropriate behavior; • does not adhere to the required "quiet time" from 10 pm to 8 am, and in violating this requirement, its clients use loud and crude language both late at night and very early in the morning; • clients participate in the institutionalized weekend alcohol and drug rehabilitation gatherings on the beach at 15th street, just 50 feet away from children utilizing the playground; and • is evidence of over the overconcentration of residential care facilidies on the 1100 and 1200 blocks of West Balboa Boulevard. Additional salient facts: Ocean Recovery, despite having its operations begin in 2004 at 1115 West Balboa Boulevard in 2004, never applied for a Federal Exemption Permit under the law that existed prior to the Ordinance. A petition signed by 120 neighborhood residents of the neighborhood expressing their position that there is an overconcentration of group residential facilities and that there are too many - too close to Newport Elementary school and the Use Permit for I I IS West Balboa Boulevard (as well as 1601 West Balboa Boulevard) should be denied. A copy of the petition is attached as Exhibit Two, OR 0159 ANALYSIS In order to allow an existing legally operating group residential care facility to remain in operation, a Hearing Officer must find, following a noticed public hearing, that all four of the findings identified in NBMC §20.91.035 (A) and all seven of the findings identified in §20.91A.060 have been met. Ocean Recovery is located at 1115 West Balboa Boulevard ( "Use Location') in Newport Beach, California. It is a group residential care facility that is a state - licensed alcohol or drug residential treatment home for up to 22 persons (ADP License No. 300144BP). The Use Location is within the Nonstandard Subdivision Area as defined by the Ordinance. Proximate to the Use Location are the following uses referred to in NBMC §20.91 A.060 (D): Other Residential Care Facilities: 1. Within 122 feet Balboa Horizons Recovery Services (11 bed licensed treatment facility located at 1132 West Balboa Boulevard, with an approved use permit), ahrKrA directly across the street from the Use Location. 2. Within 33 feet: 1129 West Balboa Boulevard (14 residents- unlicensed facility subject to abatement). 3. Within 400 feet: Newport Coast Recovery (29 bed licensed treatment facility located at 1216 West Balboa Boulevard, with a use permit denied by the Hearing Officer bin with appeal anticipated). 4. Within 550 feet: Ocean Recovery- 6 bed license (being finalized) treatment facility located at 1217 West Bay. Schools and Child Care Facilities: 1. Within 700 feet: Newport Elementary School for students in grades Kindergarten through 5th grade at located 1327 West Balboa Boulevard. 2. Within 1175 feet: Christ Church's large (44 children capacity) state-licensed day care center located at 1400 West Balboa Boulevard). Outlets for Alcoholic Beveram; 1. Within 1650 feet: Outlet for alcoholic beverages is Fry's Market located at 115 E. 15th Street the American Legion Hall located at 215 W. 15th Street. 2. Within 1725 feet: Outlet for alcoholic beverages is the American Legion Hall located at 215 W. 15th Street In analyzing the circumstances of this Use Permit application and reviewing the project setting, supporting evidence to make the required findings of NBMC Sections 20.91.035 (A) and 20.91A.060 is simply not present. The requited findings, and discussion regarding whether or not the finding can be made are as follows: OR 0160 1. NBMC Section 20.91.035(A) Finding NO. 1: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. The use is not in conformance with the requirements of this finding and this finding cannot be made for the following reasons: This finding cannot be made because the use is not in accord with the objectives of NBMC Section 20.91A.010. One of the two stated purposes in the provisions of this section is "to protect and implement the recovery and residential integration of the disabled, including those receiving treatment and counseling in connection with dependency recovery. In doing so the City seeks to avoid the overconeentration of residential taro facilities so that such facilities are reasonably dispersed throughout the community and are not congregated or over - concentrated in any particular area so as to institutionalize the area." The achievement of this purpose is compromised at the subject property location by the proximity of the surrounding uses. There is easy access to alcoholic beverages at two locations- three and a half blocks away. Due to the sober living objective of the project use, nearby commercial uses that either serve and/or sell alcoholic beverages is a concern. Even more troubling is the degree of residential care facilities nearby. It rises to the level of institutionalization of the area There are four other facilities less than a block length away. An 11 bed facility is directly across the street (1132 West Balboa Boulevard). Another 14 bed facility is one house away (1129 West Balboa Boulevard). A third 29 bed facility is a block away (1216 West Balboa Boulevard). Another 6 bed facility will be a little more than a block away (1217 West Bay). Including the Applicant- within less than 550 feet (less than calculable median block length of 617 feet in the area as will be discussed in greater detail below) there are currently five residential care facilities with a total of 92 beds). This is institutionalization. 2. NBMC Section 20.91.035(A) Finding NO.2: That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The use is not in conformance with the requirements of this finding and this finding can not be made for the following reasons: General Plan Policy LU 6.2.7 directs that the City regulate day care and residential care facilities to the maximum extent allowed by federal and state law so as to minimize impacts on residential neighborhoods. But based on the record provided- substantial OR 0161 detriment to the public health, safety, peace, morals, comfort and welfare of persons has been demonstrated in the record presented especially in light of the fact that the facility is only a block and a half from the elementary school (700 feet). During any particular time statistically there will be over five individuals who are continuing to abuse drugs at the Applicant's facility. Combined with the other four residential care facilities listed above there will statistically be at least twenty ongoing abusers of drugs within 700 feet or less of Newport Elementary School- every day. This is too many, too troubled people at such a sensitive location. If Ocean Recovery's 1601 facility is included in the count (it is 1,000 feet from the elementary school), this number increases to nearly 25 ongoing abusers of drugs 1,000 feet or less from our elementary school- every day. 3. NBMC Section 20.91.035(A) Finding NO.3: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. The use is not in conformance with the requirements of this finding and Otis funding cannot be made because the facility does not comply with the requirements outlined below in Items NO.5, NOA, NO.8, NO.9, and NO. 11. 4. NBMC Section 20.91.035(A) Finding NOA If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. This finding cannot be made because the use is not consistent with the purposes of Chapter 20.91A. As stated earlier, one of the two stated purposes in the provisions of this section is "to protect and implement the recovery and residential integration of the disabled, including those receiving treatment and counseling in connection with dependency recovery. In doing so the City seeks to avoid the overconcentration of residential care facilities so that such facilities are reasonably dispersed throughout the community and are not congregated or over - concentrated in any particular area so as to institutionalize the area." There are simply so many residential rehabilitation facilities nearby that clearly there is institutionalization that needs to be mitigated. In addition there is alcoholic beverage accessibility too close to this facility. 5. NBMC Section 20.91A.060 Finding A: The use conforms to all of the following applicable provisions of Section 20.91A.050 (Development and Operational Standards). These development and operational standards are summarized as follows: 6 OR 0162 a) No secondhand smoke can be detectable outside the property. b) Operations must comply with state and local law, the submitted management standards plan, including any modifications required by this Use Permit. c) A contact name and number be provided. d) No services requiring a license can be provided if the facility does not have a license for those services. e) There shall be no more than 2 persons per bedroom plus one additional resident, unless a greater occupancy is requested and granted. Occupancy must also comply with state licensing if applicable. 1) If certification from an entity other than ADP's licensing program is available, applicants must get that certification. g) All individuals and entities involved in the facility s operation and ownership must be disclosed h) No owner or manager shall have any demonstrated pattern of operating similar facilities in violation of the law. There is substantial evidence in the record indicating that Development and Operational Standards Item (a) will not be met and therefore, this finding cannot be made because many residents of the City have provided testimony of the serious, unrelenting problem of second hand smoke at the facility. The applicant has not provided any reasonable basis for how it would avoid this problem at the facility. 6. NBMC Section 20.91A.060 Finding B: The project includes sufficient on -site parking for the use, and traffic and transportation impacts have been mitigated to a level of insignificance. The use is not in conformance with the requirements of this finding and this finding can not be made for the fallowing reasons: The NBMC states that the required number of off - street parking and loading spaces for a residential care facility is one space per three beds. Based on the evidence provided, the project site provides no parking spaces in the garage at the rear of the building. The number of parking spaces provided do not meet requirements of the code. Based on the evidence provided by adjoining residents the complete elimination of packing spaces provided on -site by the Applicant, leaves it to meet the parking needs for the activities of the facility. In addition the adjoining residents have provided evidence indicating that the facility vans provides transportation for residents are blocking the alley behind the facility. 7. NBMC Section 20.91A.060 Finding C: The property and existing structures are physically suited to accommodate the use. The writer is unable to generate a conclusion on this finding at this time. OR 0163 9. NBMC Section 20.91A.060 Finding D: The use will be compatible with the character of the surrounding neighborhood, and the addition or continued maintenance of the use will not contribute to changing the residential character of the neighborhood, such as creating an over concentration of residential care uses in the vicinity of the proposed use. In making this finding or sustaining such a finding, the Hearing Officer and/or City Council shall consider, as appropriate, the following factors: a. The proximity of the use location to schools, parks,. other residential care facilities, outlets for alcoholic beverages and any other uses which could be affected by or affect the operation of the subject use; and b. The existence of substandard physical characteristics of the area in which the use is located such as lot widths, setbacks, narrow streets, limited available parking, short blocks, and other substandard characteristics which are pervasive in certain areas of the City of Newport Beach, including portions of West Newport, Lido Isle, Balboa Peninsula, Balboa Island, Corona Del Mar and Newport Heights, which portions were depicted on a map referred to as the Nonstandard Subdivision Area presented to the Newport Beach Planning Commission on September 20, 2007 and on file with the Director of Planning; and c. Whether, in light of the factors applied in subsections 20.91A.D.1 and 0.2, it would be appropriate to apply the American Planning Association standard of permitting one or two such uses per block. Median block lengths in different areas of Newport Beach widely range from 300 feet in the Nonstandard Subdivision Areas to as much as 1,422 feet in standard subdivision areas. The average calculable block length in much of the standard subdivision areas is 711 feet and the calculable median block length is 617 feet. The Hearing Officer shall apply the American Planning Association standard in all areas of Newport Beach in a manner which eliminates the differences in block lengths. In making this determination, the Hearing Officer shall be guided by average or median block lengths in standard subdivisions of the City. The Hearing Officer shall retain the discretion to apply any degree of separation of uses, which he or she deems appropriate in any given case. A copy of the American Planning Association standard is on file with the Director of Plaiming. The use is not in conformance with the requirements with Subsection &a above and this finding cannot be made for the following reasons: The subject property's location in relatively close proximity to commercial uses which sell and/or serve alcoholic beverages is not conducive to the facility's sober living objectives. At three -block and a half blocks of the subject property there are two alcohol sources- a restaurant/bar that sells alcohol, and a convenience store that sells alcohol. Additionally the dramatic number of residential care facilities so close to an elementary school and a large day care facility is indicative of an overconcentration of these facilities and the institutionalization of an extremely sensitive area The ongoing concerns of the OR 0164 weekend mammoth drug and alcohol meetings beside the school playground are direct evidence of this overconcentration in precisely the wrong location for the City and its residents. The petition submitted by the surrounding residents of the elementary school speaks directly to this overconcentration at such a sensitive point. In addition, if the Hearing Officer did determine to apply the American Planning Association Standard under Subsection 8c above, he should determine under the Standard that the Use Permit should be denied under the terms of the Standard. A detailed analysis of the Standard is attached as Exhibit Three. As the analysis notes, the Standard states that one or two "Group Homes" are acceptable per city block. But Applicant's Use Permit is not for a "Group Home" as defined under the Standard— it is for a Halfway House. The Standard is clear that a higher degree of regulation and separation is warranted for such a use. Clearly, in light of the existence of a total of five facilities and 82 beds (if Applicants facility is included) within a distance shorter than a median block in the area the Standard is dramatically exceeded. 9. NBMC Section 20.91A.060 Finding E: The operation of buses and vans to transport residents to and from off -site activities does not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding area The use is not in conformance with the requirements of this finding, subject to appropriate conditions. This finding can not be made because facility vans do park, load, and unload illegally in the alley blocking the flow of traffic, because there are no garages available onsite. 10. NBMC Section 20.91 A.060 Finding F: Arrangements for delivery of goods are made within the hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. The writer is unable to generate a conclusion on this finding at this time. It. NBMC Section 20.91A.060 Finding G: Arrangements for commercial trash collection in excess of usual residential collection are made within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. The use is not in conformance with the requirements of this finding. This finding can not be made because there has been credible evidence presented that trash in excess of usual residential collection is present but no commercial trash collection occurs at the facility. APPLICANT UNQUALIFIED TO MAKE PERMIT APPLICATION In any event, Ocean Recover is not qualified to apply for and receive a Use Permit under NBMC Section 20.62.030 (Determination of Nonconformity). Subsection B of NBMC OR 0165 Section 20.62.030 provides that a use that was lawfully established under the laws in place at the time, but that no longer conforms with the use regulations or required conditions for the district in which it was located because of a subsequent Code amendment, shall be deemed to be a nonconforming use. However, "A use shall not be considered to have been "lawfully established and maintained" and is an illegal use if it was established or operated without required permits (emphasis added) and licenses, including but not limited to permits and licenses required by any federal, state, or local agency" When the applicant applied for licensure with ADP in 2004, it applied for a license to house and treat more than six clients onste. Commencing or continuing operations as a use then characterized as "Residential Care, General" by the City of Newport Beach required an FEP under the Zoning Code in effect at that time. As was noted by the City Staff in its Attachment C to the January 22, 2008 Submittal to the City Counsel seeking the adoption of Ordinance No. 2008 -5- Summary of Comments (page one of six)- Denys Oberman is attributed as stating: "Existing uses need to be legally compliant" The Response from City Staff was: "Agreed, generally_ Existing uses that have violated the Moratorium or did not apply for an FEP yet should have are ineligible to receive a Use Permit" These are the circumstances that Ocean Recovery finds itself in and therefore its non- conforming use should simply be abated. ANALYSIS SUMMARY As indicated at the beginning of this memorandum, denial of the Use Permit request of Ocean Recovery at 1 115 West Balboa Boulevard should occur for the following reasons: Inability to make all of the findings required by the NBMC Sections 20.91.035 (A) and 20.91 A.060. 2. The proposed use is not consistent with the purposes of NBMC Section 20.91A as set forth in Section 20.91A.010, and the requirements of Section 20.91.020. 3. Failure of Applicant to be a legally operating residential care facility at the time of applying for a Use Permit under the Ordinance. Thank yo!uO your attention to this matter. 10 1 W4:11 O V Newport Beach Residents Correspondences 2. Newport Beach Residents Petition Standard Analysis 11 OR 0167 EXHIBIT ONE NEWPORT BEACH RESIDENTS CORRESPONDENCES OR 0168 From: Runk flares To: DKiff0city newoort- beactr C8 us Cc: uQa 1 to=; Cc#een DEAN Sent Monday, January 26.2009 9:13 AM Subject: neighborhood letter two Oaw Mr rma. b ISn Flaw ena i raa Me bu horw all n1 tri wen Babm ohm. l am aaabrp Mb leder Iariuse 1 bewreMe Penal an. Oawn Ba bm CawMbW bdtomhrn WedowerenMnca wah myfnnr(br abbel5rena 3yrce Ma acCry has moved bt Moro haw been mane probbmsdlh MO nw+ery house. Itw 2 ywrtp dwgr4". 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I Mew CM[Crxrrde CiN' pnadefa oar aMetbPa all a nroMer problem na note dM r baaq a r000awfYeerroe! wd havkq bd mny people kviq CUra. M/e jtfnlantad aab Ynem. Tm 11a1y aMeebdBbe lrb bFQ apon'ad b a)me h nrd ruldstwra � kaNW.l pvye ka a rem b Coe oars M Ms star end 1 rern pfreua on Ciq nudb a rewrwy wee arldbun nM 1 haw boned M ebwr pbxe. Toro ne ao many recowryeenYre down nue, rb CN b ahnr aeon wwaYrem me. f awva MandhtMSappa Beets wad 1>a •plarf aerne remwry Mlre Ma: erty mrndaeCm dun yw decMe m Yre mnewal Vw^w ame Organ neawM' Cpaer e OR 0169 Front: Colleen Darling Sent: Tuesday, January 13, 200911:32 AM To: 'dk1ff0c tv.newoort-beach.ca.us' Cc 'o.loP=QW dohia.net' Subject: Property at 1115 West Balboa BW. Hi Dave, My name is Colleen Darling and I am the owner of record for the property at 1113 and 1113 K W. Balboa Blvd. 1 understand there is a hearing coming up regarding a permit issuanceforthe rehab facility at 1115 West Balboa Boulevard. I would like to speak up in opposition of this. 1 spent 6 months at my property, in the spring and summer of 2008, updating the house and living in it after a long term tenant moved out in March. I would like to share with you what I experienced firsthand. The hour; stated for quiet time of 10 pm to 8 am are riot, in my experience, followed. i have personally gone to the fence after 10:30 pm and asked them to quiet down many times. They congregate out in the patio area and talk but this is right next to our house. They can get bud and keep our children and ourselves awake when we are trying to sleep. They were always respectful but i didn't think I should have to ask them to quiet down. The on site manager would typically come down and apologize but it's his job to make sure the 10PM -8AM ordinance is in effect. Why isn't he doing it up from? The residents would then go to their rooms with the doors and windows open. Their televisions were blaring so bud that we had to keep our windows shut to get some sleep. In the summertime, it's not ideal. The clients of the recovery horse are up at Gam outside their rooms, talking with little or no regard to the hour of the day. They congregate outside in the patio area at the tables and smoke. They talk about what they are doing that day and believe me again, everyone can hear their conversations (good and bad language). Another issue is second hand smoke. Many of the men (it is an all male facility by our observation) over there were smokers. it is disgusting to be near that much smoke. It can get so annoying that we will not let our children in the backyard to play. We did not enjoy the backyard dining area as it too is affected by the secondhand smoke. Regardng the smoking, t know there are laws set up for commercial spaces. There should be regulations that with the number of people occupying such a small space, that they must provide smokeless ash trays, high fences to block the smoke and w some type of odor absorbing green shrubbery to help out. The regutatons should also address the trash generated from the cigarette butts. Cigars are worse and at tines, there are men there smoking them. Parking in front of my own house was interesting. I bought a permit to help out. I know there is a garage out back since it used to be an apartment house. 1 don't think it was used for parking OR 0170 though. Parking in this area of Newport is already crowded. This group has used the garage space of this apartment house for a meeting room. This means that cars that could be parked in the garage are now taking up space in front of our house. This is just another negative impact of having this group next door. Now I have tenants In both houses next to 1115 W. Balboa property. Neither tenant uses the yard very much because of the facility next door (noise, smoke, strangers). Do you know I have to tell people before I rent that house that Ws a recovery house of some sort? Not a good opener for bringing someone into the area is M Having a'recovery house" right next door makes It much more difficult to rent. Potential renters are very concerned about the type of person that is over there. We know they cycle through and so there are new men there every few weeks or so. It is very unsettling. Dave, l have owned this property for over ten years. I rernember the apartment building being filled with great people, one of them being Paul Lopez Please help us put it back to way it was in Newport. Bring the community back to a place that people can give and families can grow up comfortably. Nobody wants a recovery Muse next to them and I'm sure many would be as uncomfortable as 1 am to communicate with the some of the people next door. We want it bads to where we could barbeque together, go and enjoy the beach and boat parade together and be proud of our block. We pay a lot of money to the city for taxes and should be able to enjoy our home. I will see you at the meeting. Thank you for your time and consideration. Colleen Darling 1161 Letty lane Tustin, CA 92780 714 - 263.6998 P 714- 730 -5163 F 310 -526 -1174 C OR 0171 — Original Message from. Alien V sser . . To: dkiffttilciN.newoort- beach.ca.us Sent: Monday. January 19. 2009 932 AM Subject: letter for Mr. David IGff Dear Mr. Kiff, We are concerned residents who live at 1100 W. Oceanfront on the Balboa Peninsula. We are writing to you to respectfully make our concerns known. My wife and I have four children, ages 17 -25 and a two-year -old granddaughter. We love and cherish the time our family is able to spend together at our beach home in Newport. Our prime location between the two piers was originally ideal to us as it was quiet, safe, and surrounded by wonderful families, neighbors, and other small children. We are strongly concerned about the local neighborhood sobriety living facilities. The disturbing foul language, smell of cigarette smoke, police visits, and late night brawls on the sidewalk next to our home have made me troubled about the safety of my family. Of course, we are supportive of individuals seeking to turn away from alcohol and other substance abuse problems .... but our residential neighborhood is certainly NOT the place. We are aware that two of these facilities are within 300 feet of our residence. I am writing to you asking for your help, for the safety of my family and neighbors, and to restore the peace of our neighborhood. . Best regards, John Visser 1 100 West Oceanfront Newport Beach, CA 92661 visserranch�waol.com OR 0172 ----- Original Message — From: mathenaesq@aot.com To: DKiff@city.newport- beach.ca.us Sent: Sat, 31 Ian 2009 3:27 pm Subject: Ocean Recovery Hearings For February 5th, 2008 Dear Mr. KW. Here is my personal letter to the Hearing Officer regarding the circumstances that I have lived with- between two rehabilitation facilities and my personal objection to the Ocean Recovery petition for a permit at 1115 W. Balboa Boulevard as well as at 1601 W. Balboa Boulevard. Being surrounded on either side by rehab facilities for four years has been difficult Everyone living in my home has been detrimentally affected by these facilities. My children on the ground floor do not open their windows, even in Summer because the cigarette smoke is too great from both facilities. Each member of my family has had multiple run-ins with residents of the facilities. I have found beer at left at the bade of our building left hidden by a resident of 1115 W. Balboa so he could go get the beer after some function at the facility. I have had confrontations with rehab residents claiming that people in my house have threatened their dog. I have been swom at, stared at and generally made to feel unwelcome at my own home. My wife will no longer sit on our patio deck because it is adjacent to 1115 and the residents stare at her when she sits there. They never dose their blinds. I have had operators of facilities tell me to tell them if there are any problems- but the problem is there are always problems. I feel as though they are requiring me to be unpaid staff for the operators to supervise their troubled clients. There is a constant turnover of typically young men with serious problems who seem to spend a substantial amount of time doing nothing more than hanging around. Their language is offensive and disturbing. They play music and instruments late at night. Most of them seem to smoke relentlessly. They constantly litter with their cigarette butts. Some are truly troubled. One of them residing at 1115 W. Balboa Boulevard assaulted one of my daughters and only backed off when my wife threatened to call the police. The manager of the facility was apologetic. The facility was smart enough to remove this disturbed individual from the facility. But there is a constant turnover at these facilities and there will be more seriously disturbed Individual's right next door to me and my family in the future. There are times, when conditions are right - particularly on Thursday nights at around 7pm that the smoke from the 1115 W. Balboa facility funnels down their OR 0173 back walkway and to my front door so that the air at my front door and my neighbor's front door reeks of cigarette smoke. 1 have also seen the disturbing scene of a driver of the van of the 1115 West Balboa facility (presumably someone done with treatment?) smash into the back of a car and then run out of the van and hide in the facility. Additionally the 1115 West Balboa facility has permanently eliminated Its onsite parking. I put tape down on the edge of their garage doors and none of it has been disturbed since I put it doom prior to Christmas. There are parking issues - particularly in Summer as a result of this lost parking. There are often twenty plus people coming to their Thursday events. Clearly they are not parking on site. The City review process seems to put some weight on the number of police calls at a facility. The police are not called because the police do n't do anything. They have no power to do anything. We had a circumstance where a cigarette ash tray receptacle caught fire at a facility and was spewing toxic tunes into our home. The fire department was called. We were told by the fire department that it was inappropriate for us to call them for such a small fire. Fortunately the 1115 West Balboa facility was only established itself after my children were at least 16. If my children were much younger i would have felt compelled to move. How a facility like this can be allowed a short block and a half from Newport Elementary School- is simply unforgiveable. Both of the Ocean Recovery facilities use permits should be denied. [will provide a separate legal analysis explaining why many of the requirements that must be met to receive a use permit can not be met by Ocean Recovery. Larry Mathena 949 265 2018 OR 0174 From: Ronel Mathena [matlbo:ronelis@pacbell.net) Sent: Monday, February 02, 2009 10:42 AM To: DKW@city.newpoit- beach.ca.us Subject Ocean Recovery Use Permit Apgicafim UP 2006 30 and 31 Mr. Kiff- I cant begin to explain to you how awful it is to have rehab facilities on either side of my home at 1125 W. Balboa Boulevard. I keep the windows on the first two stories closed all year (even in Summer)- all the time to avoid the cigarette smoke, offensive language and noise of the 1115 W. Balboa house. I wont sit on my patio deck across from the Ocean Recovery home. The residents stare at me. They never close their blinds. The staff at Ocean Recovery sound helpful. But even the staff have issues. I believe they are addicts too. I saW a driver of Ocean Recovery smash into a parked car in front of the 1115 West Balboa and run screaming into the building. There are serious parking problems on our block because 1115 West Balboa has closed its garage parking in total. The residents wander around the neighborhood unsupervised all the time. There is constant turnover at the home. There is always a brand new set of troubled young men. Some are truly scary. One Ocean Recovery resident directly threatened my daughter. I ran up to him in front of 1115 W. Balboa Boulevard and got him to back off by screaming at him that I would call the cops. The staff said they were sorry and the person disappeared. But what about the next one? I called the fire department when an ashtray caught fire at a rehab. Smoke was entering my home. I was directly told by a senior fireman that it was wrong that I called them for such a small fire. I shouldnt have to feel like a prisoner within my own home. I shouldnt have to feel that the City will do nothing about these halfway homes. I shouldnt have to feel at risk. I shouldnt have to OR 0175 bear cigarette smoke, litter, and foul language. Please reject Ocean Recoverys use permit at 1115 West Balboa Boulevard and 1601 West Balboa Boulevard. Thank you, Ronel Mathena 949 -566 -0107 OR 0176 Brown, Janet From: Kiff, Dave sent Monday, December 08, 2008 9:56 AM To: Tom Allen'; Brown, Janet Subject: FW. Group Resklentlat Use Permits up for review FYI From: Laurie McKenzie [mallto:mdcmlk@ mac canj Sert: Monday, December 08, 2008 9:55 AM To: IOff, Dave Cc Henn, Michael Subject Group Residential Use Permits up for review Dear Dave, Regarding the applications for group recovery homes on the Balboa Peninsula, specifically those in the 1 100 and 1200 blocks of West Balboa Blvd.: As 32 year residents of Newport Beach, specifically the Balboa Peninsula at 11th and 12th Streets, we would like to voice our concerns. 1. The over - concentration of these homes in this residenital area will continue to hurt our home values and it changes the neighborhood feet. 2. These recovery homes' are for profit businesses. They add a burden on the city's trash services, traffic, security, parking, as well as added noise and air pollution. 3. The homes in this area under review have more than 6 beds and need to be strictly regulated. d. A vast number of these group homes are owned and operated by a handful of for profit businesses. These businesses need to be regulated by density of then facilities within a given area to avoid over - concentration. We urge the City of Newport Beach to continue its efforts in making this City on of the finest in the country. We hope that you put the citizens and local taxpayers interests and needs at the forefront, as you review and regulate these Residential Care Facilities so that their density and proliferation will not negatively affect this wonderful beach community. Sincerely, Terry and Laurie McKenzie 1151 W. Balboa Blvd. Balboa Peninsula, CA 92661 949- 673 -2379 OR 0177 EXHIBIT TWO NEWPORT BEACH RESIDENTS PETITION OR 0178 February 5, 2009 To: Thomas W. Allen, Hearing Officer David Kiff, Assistant City Manager Subject: Petition Opposing the Ocean Recovery Facility Group Residential Use Permit For 1115 W. Balboa and 1601 W. Balboa Blvd. Dear Mr. Allen and Mr. Kiff, Attached please find a petition that has been signed by 11S local residents who are strongly opposing the issuance of Residential Use Permits for both 1115 W. Balboa Blvd. and 1601 W. Balboa Blvd. These local Newport Beach and peninsula residents are requesting that the City deny the approval of these Ocean Recovery facilities on the following grounds: • The two business locations. are Mss than 1,000 feet away from Newport Elementary School and its adjacent playgrounds, and are Incompatible with surrounding uses, public health 3 safety. • Neighbors have experienced repeated nuisance problems for over 6 years: smoking (second hand smoke and butls); litter, loud noise and profanity; loitering; and confrontational Incidents. • The business operations provide an undue burden on parking and traffic. At the 1115 facility, all onaite parking has been eliminated. • The operation of the business precludes neighbors and famllMs with children frequenting the area to have a safe, healthy and peaceful environment. • Them Is an everconeentratlon of facigties. with a City approved faci0ty, at 1132 W. Balboa; a facility that M expected to appeal the City's denial of its permit request at 1215 W. Balboa; two more facilities that face abatement under city regulations at 1128 and 1111 W. Balboa Boulevard; and another one In licensing at 1217 West Bay that the City can not abate- them are simply too many facilities too close to the school and the playgrounds. I also know that several residents have elected to voice their opposition to these applications through writing letters and or sending their petition signatures directly to Dave Kiff. I am aware of a least nine letters that have been sent or are being sent to the attention of Dave. I have copies of each and trust that you both do also. Additionally, please now that these signatures and letters have been generated by the following individuals: 1) Approximately 30 signatures on the petition are from parents/families of children attending Newport Elementary; over 70 of the signatures are from residents within 3 blocks of the 1115 W. Balboa facility. 2) Includes signatures and/ or letters of all neighbors abutting directly to the north, south, and west side of the 1115 facility, including owners and renters. OR 0179 I trust that the City will take into consideration this overwhelming opposition to the Group Residential Use Permits for the Ocean Recovery facilities at 1115 and 1601 W. Balboa Blvd We strongly urge the City to reject these applications. � IY� Paul A- ll 25 '/: W. Balboa Blvd, Newport Beach, CA 92661 949 - 673.0489 OR 0180 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIBENTIAL DRUG and ALCOHOL TREATMENT BUSINESS-= OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and `1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations - are less than 1 =0 feet away from Newport Elementary School and its adjacent playgrounds, and are incompatible with surrounding uses, public health & safety. • Neighbors have experienced repealed nuisance problems For over 5 years: smoking (second hand smoke and bunsk litter, loud noise and profanity; loicering; and confrontational incidents. • The business operations provide an undue burden on paildng and traffic. At the 1115 facility, all onsite parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a sate, healthy and peacetul embormxm. • There Is an overconcentration of facilities• with a City approved facility at 1112 W. Balboa; a facility that Is expected to appeal the City's denial of its permit request at 1216 W. Balboa; two more facilities that face abatement under City regulations at 1129 and 1111 W. Balboa Boulevard; and another one in licensing at 1211 West Bay- that the City can not abate. there are simply too many lacil-rtias too close to the school and playgrounds. Name Nam h^y'1 Signature Signature Address /LPL g c- g <5r 11 ,(�qu '`r QLr ✓,�i1 c'Zg iv/ to 1 zto 6 Nance ��tc b Etn Name YRO Signature Signature Address /00z z �' �� Address ? n" �,lb�w � iZG61 Name E411 P 4�2G )%F Name 4��� e �✓� Signature 4-- UL' , Signature '— - -` Address /l/!o ° f /" Address / qtm– . Qh Name Na C ignat Sig Address �'�rloti �r l �.–�a{ Address o dal -nA OR 0181 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG -and ALCOHOL TREATMENT BUSINESS - OCEAN '-'- RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are Was than 1.000 feel away from Newport Elementary School and its adjacent Waygrounis, and are incompatible with uturou"hg uses, public heaah & safety. • Neighbors have experienced repeated raisance problems for over 5 years; amoldng (second hand smoke and butts); litter, loud noise and profanity; loitering; and confrontational Incidents. • The business operations provide an undue burden on parking and traffic. At the 1115 facility, all onsite parking has been adminated. • The operation of the business precludes neighbors and families with children frequemhg the area to, have a safe, healthy and peaceful environment. • There Is an overconcentraflon of facilities- with a City approved facility at 1132 W. Balboa; a facility that Is expected to appeal the City's denial of its permit request at 1216 W. Balboa; two more facilities that face abatement under City regutatJons at 1129 and 1111 W. Balboa Boulevard; and another one in licensing at 1217 West Bay - that the City can not abate -there are simply too many fac"Itles too close to the school and Playgrounds. . Nam Name AA I Signature Signet a Address/ i Address Jf `` 'r� r. x_ r Name 3-036 6 � fF 7J j Name Signature 7'r— Signature Address `II�F�L( =(Y4 Address Name G.1 F. Name Signature Sign re Address 9 /3'�x, f-) ./;ter; %and /X Lme Address f17617 W <irs ' Name Name Signature Signature Address `Ir7/ Wr{�d� �iy Address j W' ' -- I Ah . c — OR 0182 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS - OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1116 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are less than 1.000 het away from Newport Elementary School and its adjacent Playgrounds, and are incompatible with surrounding uses, public health b safety. • Neighbors have experienced repeated nuisance problems for over 6 years: smoking (second hand smoke and butts); litter, loud noose and proraNty; tottering; and confrontational Incidents. • The business operations provide an undue burden onf parking and traffic. At the 1115 Willy, all onsite parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a sale, healthy and peaceful environment • There is an overconcentration of facilities- with a City approved facility at 1132 W. Balboa; a facility that Is expected to appeal the City's denial of its permit request at 1216 W. Balboa; two more facilities that face abatement under City regulations at 1129 and 1111 W. Balboa Boulevard; and another one in licensing at 1217 West Bay- that the City can not abate- there are simply too many facilities too dose to the school and playgrounds. _ Name �(i? YIrL Cr�•3 Name Signature ; Sidnatu eV ! Ja (/till (oI n Q Address. % 9 (` Address Name � Name Signature t � % . ' Signature Address Address Name Name Signature Signature r� Address C ( Address Name Name Signature Signature Address Address OR 0183 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABA- WRESIDENTIAL DRUG and ALCOHOL TREATMENT MINESS- OCEAN RECOVERY, LOCATED AT: 1116 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are less than 1,000 feet away from Newport Elementary School and its adjacent playgrounds, and are Incompatible with surrounding uses, public health 6 safety. • Neighbors hays experienced repeated nuisance problems for over b years: smoking (second hand smoke and butts); litter, loud role$ and prohnity; loitering; and confrontational lacideots. • The business operations provide an undue burden on parking and haft. At the 1116 facility, all onsite parking has been eliminated. • The operation of the business precludes neighbors and families wtth children frequenting the area to have a safe, healthy and peaceful emrlrornmerd. • There is an overconcentratlon of facilities - with a City approved facility at 1132 W. Balboa; a facility that Is expected to appeal the Cry's denial of Re permit request at 1216 W. Balboa; two more facgltes that face abatement under City regulations at 1129 and 1111 W. Balboa Boulevard; and another one in licensing at 1217 West Bay -that the City can not abate - there are simply too many facilities too close to the school and Playgrounds. EMMA FA W1 ,jW 171 • i Name ignature roes we- I AWWWRI " W, WR W OR 0184 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENT]Atrt?RUG and ALCOHOL TREATMENT BUSINESS- OC1bXN RECOVERY, LOCATED AT: 1113 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to Immediately abate the business: Ocean Recovery, operating at ili5 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- am lase than 1,000 feet away from Newport Ebmentary School and Its adjacent playgrounds, and are Incompatible with surroundhpl uses, public health & safety. • Neighbors have experienced repeated nuisance problems for over 5 years: w raMog (second hand smoke and butts); after, loud roue and profanity; lotterbrg; and confrontational Incidents. • The busluere operations provide an undue burden on parking and traffic. At the 1115 facility, all ousite parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have s safe, healthy and peaceful environment. • There is an overconcemration of facilities- with a Cty approved facility at 1132 W. Balboa; a facility that Is expected to appeal the City's denial of No parndt request at 1216 W. Balboa; two more Wittles that face abatement under City regulations at 1129 and 1111 W. Safboa Boulevard; and another one In licensing at 1217 West Bay that the City can not sbate- there are shaply too many facifffies too close to the school and playgrounds. Name Name Signature Signature Address Address Name t1 ejet -1!1 • ye- /Ne 12 Nanne Signature Signature a4 ✓ X 4)z. - a Address_ Address IGIO Ei QL[Ar�rtos j �P_tJi°d/- �'��+eN L/.a- �''e6.� ts,✓ .nr' tint �uF ?�G6 Namo �IQ //7J T f'�FE 1 G FEQ Name Signature Signature tom- Address X08 /g74 s Address o l D Lt Z• OC�Ccv^�krnT IJo�a f- �op9a dc3 N 66 - cq Name tL Morris r,7 �CIBw zAl — Signature J Signature 443al R/aUGf� l Address/70i Address / M L "a ON OR 0185 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and At ZOHOL TREATMENT BUSINESS- OCEAN RECOVERY. LOCATED AT: 1116 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1116 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are less than 1,000 feet away from Newport Filamentary School and Its adjacent playgrounds, and are Incompatible with surrounding uses, public health & safety. • Neighbors have experienced repeated nuisance problems for over 6 years: smoking (second hand smoke and buttaj; litter, loud noise and profanity; Idterirng; and confrontational incidents. • The business operations provide an undue burden on parWV and traffic. At the 1115 facility, all onsNe parking has been eliminated. • The operallon of the budnese precludes neighbors and fatnl0es with children frequenting the area to have a safe, healthy and peaceful environment • There to an overeoncentration of facilities- with a City approved facility at 1132 W. Balboa; a facility that 1s expected to appeal the City's denial of Its permit request at 1216 W. Balboa; two more faculties that face abatement under City regulations at 1120 and 1111 W. Balboa Boulevard; and anther one in kensing at 1217 West Bay- that the City can not abate. there are sbnpy too may facilities too time to the school and playgrounds. Name E% % Name t�Ud Y10 signature C4uef716, Address_�?06 /S4 ANt) %4t1,9— N tPa�7— <:74 0q y 61 Signature Address A ,7o �5� 0 :1 rlt ti(L WQ yV &14 ' Name Signature Address /�� Name's FF 17 Gtr c. Slgnatu 5 ' Address Irv% ^x 4,t`G Name Name Eo Tiwn� Signature _ Address Ida we3 4 aJ' «A U .P 3 c� Signature Addresa j176 W Name �J Sig reiirr e s .� C 'AwUC /� Address /� %/ �,7. ' �,91.>i�.s� Name Ga lei- La Boss Signature /)61Z Address 152-1 7�I! oYi7 k/ G/ je�;64,w - OR 0186 CONCERNED FAMILIES - PETITION TO DENY CONDITIONAL USE PERMIT AND IMMEDIATELY ABATE RESIDENTIAL DRUG and-ALCOHOL TREATMENT BUSINESS, OCEAN RECOVERY, located at 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two, business locations• are less than 1,000 feet away from Newport Elementary School and Its adjacent playgrounds, and are Incompatible with surrounding uses, public health & safety. • Neighbors have experienced repeated nuisance problems for over 5 years: smoking (second hand smoke and butts); filter, bud noise and profanity; loitering; and confrontadmal incidents. • The business operations provide an undue burden on parking and traffic. At the 1115 facility, an onafte parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment. • There Is an overconcentration of facilities. with a City approved facility at 1132 W. Balboa; a facility that Is expected to appeal the City's denial of Its permit request at 1216 W. Balboa; two more tacilydes that face abatement under City regulations at 1129 and 1111 W. Balboa Boulevard; and another one In licensing at 1217 West Say. that the City can not abate -there are simply too many facilities too close to the school and playgrounds. WC" OR 0187 .I ,. L�i Signature 1u i %•iI_- c Address WC" OR 0187 CONCERNED FAMILIES - PETITION TO DENY CONDITIONAL USE PERMIT AND IMMED&TELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS, OCEAN RECOVERY, located at: 1116 W. Balboa Blvd, and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1116 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are Ins than 1,60 foot away from Newport Elementary school and its adjacent playgrounds, and are incompatible with surrounding uses, public health 3 safety. • Neighbors have experienced repeated nuisance problems for over 5 years: smoking (second hand smoke and butts); litter, loud noise and profanity; loitedng; and confrontational incidents. • the business operations provide an undue burden on parking and traffic. At the 1115 facility, all onsite, parking has been saminated_ • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peacetsl environment. • There Is an overconcentratlon of facilities- with a City approved facility at 1132 W. Balboa; a facility that is expected to appeal the City's denial of Its permit request at 1216 W. Balboa; two more recli tles that face abatement under City regulations at 1129 and 1111 W. Balboa Boulevard; and another one in licensing at 1217 West Bay- that the City can not abate -there are simply too many facilities too time to the school and playgrounds. Name en -4,A .✓ Name Signature Signature Address /i�°7 Address Name Name Signature _ q f c,� Signature Address 16 0 i 1 or-i 12e c1. Address N.%t CA clz 46 > Nams o^µ. �, H 6 fi�� aK Name Sign Signature Address 4! dl c' Address Name Oct- -w% n!t Z r' i a.� A r -i Name signature Signature Address Address OR 0188 January, 2009 - PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUC*nd ALCOHOL TREATMENT BUSINESS - OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny.a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1116 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are Was than 1,060 feet away from Newport Elementary School and its adjacent playgrounds, and am Incompatible with surrounding uses, public hearth 3 safely. • Neighbors have experienced repeated nuisance problems for over 6 years: smoking (second hand stooks and butts); War, bud nohw and profanity; loitering; and confrontational Incidents. • The business operations provide an undue burden on parking and traffic. At the 1115 facitily, all onsite puking has been sUmbuted. • The operation of the business predades neighbors and famines with children frequenting the area to have a safe, healthy and peacohd environment • There Is an overconcentraton of fad60es -with a City approved faci t at 1132 W. Balboa; a faculty that is expected to appeal the city's dental of No permit request at 1216 W. Bathos; two more facilities that face abatement under City regulations at 1120 and 1111 W. Balboa Boulevard; and another one In 6cansing at 1217 Wait Bay- that the City can not abate- there are simply too many facilities too close to the school and playgrounds. Nam �! 11 Name Signature L✓� � / Signature to lr %l e&a Address j 2- } W — ?:;,b 6he Address 1".)! afZ'zlL _ Name Name iN l bs;5 -se Signatu �f' r Signature �✓ —�r�Yy Address rr /d,�[76 .� �cJ 0aF'4.ni 'pxrui Address 1%� �� AAelzm Name C ✓ /11e� Name / Signature Address _ G ys 41f A6 '114'6 Address Name �%y2rw rr % /iyT Name Xm g t.A�x��ERr� Stgnattrre _ Signature %i a C/�� Address 2!9 3or �% H r 9 s Address ?17�+ f�ev � January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT 8r IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL WATMENT BUSINESS- OCEAN RECOVERY. LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1116 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The We business locations- are less than 1,000 feet away from Newport Elementary School and its adjacent playgrounds, and are incompatible with surrounding uses, public health b safety. • Neighbors have experienced repeated nuisance problems for over 6 years: smoking (second hand smoke and butts); litter; loud noise and profanity; lettering; and confrontational incidents. • The business operations provide an undue burden on parking and traffic. At the 1115 facility, all onske parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment. • There is an overconcentretion of facilities- with a City approved facility at 1132 W. Balboa; a facility that is expected to appeal the City's dental of its permit request at 1216 W. Balboa; two more facilities drat face abatement under City regulations at 1128 and 1111 W. Balboa Bordevard; and another one in licensing at 1217 West Bay- that the City can not abate. there are simply too many facilities too close to the school and playgrounds. OR 0190 i ;.. •, 1Y trr• ._ � • Narne Name signature" Address 3 A1__ Address 1634 � i OR 0190 January, 2009 - PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABAT _KSIDENTIAL DRUG and ALCOHOL TREATMENT BUA -WESS -OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business rations- are less than 1,000 feat away from Newport Elementary School and Its adjacent playgrounds, and are incompatible with surrounding uses, public health & safety. • Neighbors have experienced repeated nuisance problems for over 5 years: smoking (second hand smoke and butts); liner; bud noise and profanity; loitering; and confrontational Incidents. • The business operations provide an undue burden on parking and traffic. At the 1115 facility, all onsite parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment. • There is an ovemoncentration of fa irides -with a City approved facility at 1132 W. Balboa; a facility that Is expected to appeal the City's denial of its permit request at 1216 W. Balboa; two more facithles that face abatement under City regulations at 1128 and 1111 W. Balboa Boulevard; and another one In licensing at 1217 West Bay -that the City can not abate - there are simply too many facilities too close to the school and playgrounds. Name Name Ji 1047wao Signature Ley Signature C, Address Address �/� Name Name 'JO C4 w,a a O Signature Signature addre�as Z� /lG� /D/j ddress _ , _,V t • ter °^ ��" �• /ttyro t__v CA 9L:To 1 Name Name L 01A'n tc>rc,1y1_, Signature Signature (-a 4n� -�_ -' Address Address � W O(W &If r it' CA 9 Name 4 Name Signature Signature e,+ Address _ZU Zeel Address &o/' %0C-�44, -6"a OR 0191 January, 2009 – PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN,,.., RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are less than 1,000 feet away from Newport Elementary School and Its adjacent playgrounds, and are Incompatible with surrounding uses, public health b safety. • Neighbors have experienced repeated nuisance problems for over 5 years: smoking (second hand smoke and butts); litter; loud noise and profanity; loitering; and confrontational incidents. • The business operations provide an undue burden on parking and traffic. At the 1115 facility, all onslte parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment. • There is an overconcentration of facilities - with a City approved facility at 1132 W. Balboa; a facility that is expected to appeal the City's denial of its permit request at 1216 W. Balboa; two more facilities that face abatement under City regulations at 1129 and 1111 W. Balboa Boulevard; and another one in licensing at 1217 West Bay- that the City can not abate - there are simply too many facilities too close to the school and playground& Name { Name Signature _, Signature Address I W. Li �Vd Address 1223 I _499 f 1 %U o'L Name Dodd ,gzzrAdc. Name Signature Y`%/9J52eb Signature .I!1o,41J& Piai;Lu Address 12Loa Address 41 —2bfn, -J :-A of EGG/ j. Name , irj kri Name wC t � l, w. C, k Signature SignatureJ_c�i Address /! Z 7 Zv i7 A V tE Address \ i z o � LJ` �ia�� �^ k `J i° + C 4zb Name �4t Name Signatu ^! Signature �% Address � ' Address — r h !Jd rA OR 0192 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS - .00EAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard 4�' 0Ve, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are less than 1,006 feet away from Newport Elementary School and its adjacent playgrounds, and are incompatible with surrounding uses, pubic health b safety. • Neighbors have experienced repeated nuisance problems for over 5 years: smoking (second hand smoke and butts); litter; loud noise and profanity; loitering; and confrontational incidents. • The business operations provide an undue burden on parking and traffic. At the 1115 Witty, all onsite parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment • There Is an ovetconcentration of facilities -with a City approved facility at 1132 W. Balboa; a facility that Is expected to appeal the City's dental of its permit request at 1216 W. Balboh; two mbre facilities that face abatement under City regulations at 1128 and 1111 W. Balboa Boulevard; and another one In Lensing at 121T West Bay. that the City can not abate - there are simply too many facilities too close to the school and playgrounds. Name -Z'_ M fPGI-/CN1IZA/ Signature z- Address 1 /'� 7ds 0—,Ce& I& 7kywif v GG� Name Signature Address Name Name Signature Address Signature Address Name Name Signature Address Signature Address Name Name Signature Address Signature Address OR 0193 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ,;ABATE RESIDENTIAL.DRUG and ALCOHOL TREATMIENT BUSINESS- OCEAN 12ECOVERY, LOCATED AT; 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations. are less than 1,000 feet away from Newport Elementary School and its adjacent playgrounds, and are Incompatible with surrounding uses, public health & safety. a Neighbors have experienced repeated nuisance problems for over 5 years: smoking (second hand smoke and butts); fitter, toad noise and profanity; loitering; and confrontational Incidents. • The business operations provide an undue burden on parking and traffic. At the 1115 facility, all onsite j parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment. There Is an overconcentration of facilities- with a City approved facility at 1132 W. Balboa; a facility that Is expected to appeal the City's denial of its permit request at 12% W. Balboa; two more facilities that face abatement under City regulations at 1129 and 1111 W. Balboa Boulevard; and another one In licensing at 1217 West Bay that the City can not abate- there are simply too many facilities too close to the school and playgrounds. OR 0194 t r"_ SEEM ✓� i i is /, �': 1 Name Signature Signature Address IIIVA- I,) RAt6." 61-id Address OR 0194 %J 7� January, 2069 — P, ETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard -� We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are less than 1,000 feet away from Newport Elementary School and its adjacent playgrounds, and are incompatitile with surrounding uses, public health d safety. • Neighbors have experienced repeated nuisance problems for over 5 years: smoking Isecond hand smoke and butts); titter, bud noise and profanity; loitering; and confrontational Incktents. • The business operations provide an undue burden on parking and traffic. At the 1115 facility, all ensue parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment • There is an overconeentration of facilities- with a City approved facility at 1192 W. Balboa; a facility that Is expected to appeal the City's denial of its permit request at 1216 W. Balboa; two more facilities that face abatement under City regulations at 1129 and 1111 W. Balboa Boulevard; and another one in licensing at 1217 West Bay- that the City can not abate - these are simply too many facilities too dose to the school and playgrounds. Name M L (le N 0 Al Name Signature Signature Address V,11 Address NameRJ O v� NN Name Signature `�n. 11� Signature Address /� �/ ° I W, B ar 004 Address Name Name Signature Signature Address Address Name Name Signature Signature Address Address OR 0195 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN z. RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional. Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations- are less than 1,W0 feat away from Newport Elementary School and its adjacent playgrounds, and are incompatible with surrounding uses, public health & safety. • Neighbors have experienced repeated nuisance problems for over 5 years: smoking (second hand smoke and butts); litter, loud noise and profanity; Waring; and confrontational incidents. • The business operations provide an undue burden on parking and traffic. At the 1115 facility, all onsite parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe. healthy and peaceful environmenL • There Is an overconcentration of facilities -with a City approved facility at 1132 W. Balboa; a facility that is expected to appeal the City's denial of its permit request at 1216 W. Balboa; two more facilities that face abatement under City regulations at 1126 and 11111 W. Balboa Boulevard; and another one in licensing at 1217 West Bay- that the City can not abate -there are simply too many facilities too dose to the school and playgrounds. Name QC� 2 Name Signature _Li ICHR9 0 A RIME Signature Address Address �1 Name Name Signature Signature ie7ala <. Address St & Been FKIIA Address Name Name Signature Signature Address Address Name Name Signature Signature Address Address OR 0196 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY. LOCATED AT: 1115 W. Balboa Blvd. and 16l)i W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locations. are less than tAW feet away from Newport Elementary School and Its adjacent playgrounds, and are incompatible with surrounding uses, public health b safety. • Neighbors have experienced repeated nuisance problems for over 5 years: snaking {second hand smoke and butty litter; loud noise and profanity; loitering: and confrontational incidents. • The business operations provide an undue burden on paddng and traffic. At the 1115 facility, all onsite parking has been eliminated. • The operation of the business precludes nelghbore and families with children frequenting the area to have a safe, healthy and peaceful environment. • There is an overconcentration of facilities- with a City approved facility at 1132 W. Balboa; a facility that Is expected to appeal the CW9 denial of its permit request at 1218 W. Balboa; two more facilities that face abatement under City regulations at 1128 and tilt W. Balboa Boulevard; and another one In licensing at 1217 West Bay- that the City can not abate- there are simply too marry facilities too close to the school and playgrounds. Name not C t d Name Signature Signature Address 1128 N n CPan-frowi- Address etx� f $ Name Name Signature Signature Address Address Name Name Signature Signature Address Address Name Name Signature Signature Address Address OR 0197 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABAT &R,ESIDENTIAL DRUG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 -W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following: • The two business locatlons- ate less than 1,000 feet away from Newport Elementary School and Its adjacent playgrounds, and are incompatible with surrounding uses, public health & safety. • Neighbors have experienced repeated nuisance problems for over 5 years: smoking (second hand smoke and butts); litter; loud noise and profanity; loitering; and confrontational Incidents. • The business operations provide an undue burden on parking and traffic. At the 1115 faclitty, all onsite parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment • There is an overconcentration of facilities- with a City approved facility at 1172 W. Balboa; a facility that is expected to appeal the City's denial of its permit request at 1216 W. Balboa; two more facilities that face abatement under City regulations at 1128 and 1111 W. Balboa Boulevard; and another one In licensing at 1217 West Bay- that the City can not abets- there are simply too many facilities too close to the school and playgrounds. Name /6eM �04 Name Signature _ Signature Address O a V4 Address [ -z— Name VAC�ej li��( C, -e:ioj 7 Name Signature ao2r a(/ Signature Address (!U01 jii f)p 4Y IL- Address CU,'K4 ALA Q ja-ZI%Q . Name Er eAL rc Signature_I)AD A, el N Signature�� r 1 Address i J,51 1 2-d /I Address 7D3 I�Ic'n�C Name Name Signature _ i A r � Signature _ Address 12 t 1 A Address C' OR 0198 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL 5ftG and ALCOHOL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 11.15 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the following; • The two business locations- are less than 1,000 feet away from Newport Elementary School and Its adjacent playgrounds, and aria Incompatible with surrounding uses, public health 6 safety. • Neighbors have experienced repeated nuisance problems for over 5 years: smoking (second hand smoke and butts); litter, loud noise and profanity; loitering; and confrontational incidents. • The business operations provide an undue burden on parking and traffic. At the 1115 facility, all onaite parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment. • There is an overconcentration of fadlkles• with a City approved facility at 1132 W. Balboa; a facility that is expected to appeal the City's denial of Its permit request at 1216 W. Balboa; two more facilities that face abatement under City regulations at 1129 and 1111 W. Balboa Boulevard; and another one In licensing at 1217 Weal Bay- that the City can not abets• there are simply too many facilities too dose to the school and playgrounds. Name Lia nw5hi Name e, Signatur �e Signature n / Address' i{�C 11-7 W. c fjilt&V11" Address � Gy�XCIT Name L Q Name Ji'f i i t,j g r �310ro Signature Signature sd! As� / t Cl S� Address UGC ti� C49 X2661 Name Aolorr Name lwe 14 Signature _ Signature Address Address �7 5 W /I�fiZ/Prirr ?If��.f� Gr0 Name a Name 1 Signature Signatu E t Address 40 IiA g Address OR 0199 January, 2009 — PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOWL TREATMENT BUSINESS- OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1116 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based an the following: • The two business locations- are less than 1,000 feet away from Newport Elementary School and its adjacent' playgrounds, and are Incompatible with surrounding uses, public health $ safety, • Neighbors have experienced repeated nuisance problems for over 5 years: smoking (second hand smoke and butts); litter, loud noise and profanity; loitering; and confrontational Incidents. • The business operations provide an undue burden an parking and traffic. At the 1115 facility, all onsite parking has been eliminated. • The operation of the business precludes neighbors and families with children frequenting the area to have a safe, healthy and peaceful environment. • There Is an overconcemratlon of facilities- with a City approved facility at 1132 W. Balboa; a factlffq that Is expected to appeal the City's dental of Its permit request at 1210 W. Balboa; two more facilities that face abatement under City regulations at 1129 and 1111 W. Balboa Boulevard, and another one in licensing at 1217 West Bay- that the City can not abate- there are simply too many facilities too close to the school and playgrounds. Name L Name Signature Address V\Jeo4 / '� 71 N13 M{ �i GI1 I A 6 W C A 9-)6,,----3 Signature _ - Address 500- - N Name 1 i Name ` t S v1 Signature. 17� Address lj 1 3 r 111 LJjI Signature Address � Cf 1p Name -Atrrr MYY,,t -S Name Signature Address Z r Signature f / ��Y 2�L— Address 17,15- ym dAy gZ61/ 1N CAEN `'f Z Name Name Signature Address Signature Address OR 0200 January, 2009 - PETITION TO DENY CONDITIONAL USE PERMIT & IMMEDIATELY ABATE RESIDENTIAL DRUG and ALCOHOL TREATMEW BUS_ INESS- OCEAN RECOVERY, LOCATED AT: 1115 W. Balboa Blvd. and 1601 W. Balboa Boulevard We, the undersigned do hereby petition the City of Newport Beach to deny a Conditional Use Permit and urge the City to immediately abate the business: Ocean Recovery, operating at 1115 W. Balboa Boulevard and at 1601 W. Balboa Boulevard, based on the f60owing: • The two business locations- are foss than 1.000 feet away from Newport Elementary School and he adlecent playgrounds, and are incompatible with surrounding uses, public health b safety. • Neighbors have experienced repeated nuisance problems for over 5 years: smoking (second hand smoke and butts); litter; loud noise and profanity; foaeri g; and confrontational Inatdems. • The business operations provide an undue burden an parking and traffic. At the 1116 facility, all onshe parking has been ellmlrWed. • The operation of tin business precludes neighbors and famillas with children frequenting the area to have a safe. healthy and peaceful emrironmem. • There is an overconcentration of taclittles- with a City approved tactility at 1132 W. Balboa; a facility that Is expected to appeal the City's denial of its permit request at 1210 W. Balboa; two more facilities that face abatement under City regulations at 1120 and 1111 W. Balboa Boulevard; and another one in licensing at 1217 West Bay that the City can not abata- there are simply too many facilities too coo" to the school and playgrounds. - Name SALAMI A'RDtjtL Name Signature 6 x.0 -- Address In z o M [hrfw Fixor Signature Address Name IK11 k SlgnaW� ! 1,1 Address•' ! of o ou• de(f or., Name Signature Address Name Name Signature Address Signature. Address Name Name Signature Address Signature Address OR 0201 :I American Planning Association Standard Analysis OR 0202 Larry Mathena 1125 West Balboa Boulevard Newport Beach, California 92661 949- 752 -5115 Extension 18 mathenaesq @aol.com January 13,2009 To: David Riff, Assistant City Manager of Newport Beach Subject: Newport Beach American Planning Association Standard Policy Guide dated September 21,1997 From: Larry Mathena Question: What does the American Planning Association Standard ( "Standard') that Newport Beach is relying on in regulating the typical alcohol/ drug rehab group home in Newport Beach define these homes as? Answer: Because the homes in Newport Beach typically have clientele stay 30, 60, or 90 days that they are "Halfway Houses" under the Standard not "Group Homes." Question: What is the significance of the homes in question in Newport Beach being defined as "Halfway Hanes" as compared to "Group Homes"? Answer. The Standard is clear in defining that the "Halfway Houses" ate more akin to multifamily housing as opposed to single family housing and should generate "significant differences with implications for proper zoning regulation:' Quest ion: What does this mean practically? Answer: If nothing else, there is a clear basis in the Standard for taking into consideration the more intensive use of "Halfway Houses" compared to "Group Homes" under the Standard in determining the location and the concentration of "Halfway Houses" compared to "Group Homes ". Discussion: What the Standard says (note all language below is from a scanned and translated copy of the Standard (but with emphasis added): OR 0203 Definitions Because there is so much misunderstanding of this subject, it is essential to first define several terms. Grouv Homes A group home is a relatively permanent living arrangement where tenancy is measured in years. sss Residency in a eroun home is long term relatively permanent and measured in years, not months or weeks. ktt Recovery homes for people with drug or alcohol addictions are another type of group home. Occupants typically sign an annual lease and can live in a recovery home for yearn. # #F lfwav house ... These are persons who are receiving therapy and counseling from support staff who are present when residents are present, for the following purposes: (a) to help them recuperate from the effects of drug or alcohol addiction (a disability); ... Residency is limited to a specific mtmber of weeks or months. People with drug or alcohol addictions often need to live in a halfway house as a transitional living arrangement before they can live more independently in the community or return to their homes. The key for them is to learn to abstain completely from using drugs or alcohol. Treatment usually consists of an initial withdrawal period followed by intensive counseling and support both through treatment programs and through residential living arrangements. Such community residences are based on the &roue home model with some sienilicant differences wllh implications for proper zoning regulation. Nearly all halfway houses place a limit, measured in months, how long someone can live there. Unlike a group home, the halfway house aims to place all its residents into independent living situations upon graduation.... Because the number of residents in a halfway house is greater than in a groan home and their length of tenancy shorter, halfway houses more closely resemble multiple family housing than single family residences, although, like group homes, they work best in single family neighborhoods. t #. 0204 FINDINGS ••s 5 Community residences should be scattered throughout residential districts rather than concentrated in any single neighborhood or on a single block. For a group home to enable its residents to achieve normalization and integration into the community, it should be located in a normal residential neighborhood. If several group homes were to locate next to one another, or be placed on the same block, the ability of the group homes to advance their residents' normalization would be compromised. Such clustering would create a de facto social service district in which many facets of an institutional atmosphere would be recreated and would change the character of the neighborhood. •ws POLICY 2: When a proposed group home for persons with disabilities does not comply with the jurisdictions definition of family, then the jurisdiction is required to make a reasonable accommodation in its zoning code to allow group homes for people with disabilities as of right in all residential districts if it meets these two requirements: A one block spacing distance appears to be long enough to assure that community residences achieve the normalization they seek for their residents and help preserve the residential character of a neighborhood. Concentrating or clustering several community residences on a block can recreate an institutional atmosphere exactly the opposite of what community residences seek to achieve. Grano homes include recovery homes for people with drug or alcohol addictions, like other groan homes, recovery homes are long term residences that do not limit how long individuals may live there. They should not be confused with halfway horises iror gMte with disabilities. ineludinr drum or alcohol addiction. POLICY 3: When a proposed halfway house for persons with disabilities does not comply with the jurisdiction's definition of family, then the jurisdiction is required to make a reasonable accommodation in its zoning code to allow halfway houses for people with disabilities as of right in all mWOple family residential districts if the proposed halfway house meets these two requirements: 1. That a rationally based spacing requirement be provided to avoid an undue concentration of community residences and 2. When the proposed group home or its operator must be licensed or certified by the appropriate state, national, regional, or local licensing or certification body. OR 0205 From a zoning perspective, halfway houses perform more like multiple family housing than single family housing. They.don't emulate a family quite as closely as a group home does. They billet many more people. They place a limit on length of residency, unlike a group home which is a more permanent living arrangement akin to single family housing. POLICY 4: Halfway houses should be allowed in all single family zones by special use permit due to their multiple family characteristics that warrant the extra scrutiny provided by the special use permit or comparable review process when locating in a single family district. On many occasions the operator of a halfway house may prefer to locate it in a single family district. Halfway houses are not, per se, incompatible with single family homes. However, the heightened scrutiny of a oonditional use permit hearing is warranted to assure that a proposed halfway house will be compatible with the other land uses in a single family district. The standards to apply are the same ones used for other special uses. Analysis: The conclusions to reach firm the language above follows: 1. Halfway Houses are not Group Homes, 2. As compared to Group Homes, Halfway Houses are more the equivalent of multifamily housing not single family housing. 3. There should be no more than one or at most two Group Homes per block. 4. For a CUP heating in a single family district for a Halfway House, the standards that can be applied are those for other special uses (which can certainly be something more burdensome than those of an equivalent group home in light of the distinctions that the standard goes out of its way to point out). If the writers of the Standard wanted to state that the permit requiruments for a Halfway House were the same as those of a Group Home- they would of, could have, and should have easily said so. They did not- in fact they went out of their way to observe that Halfway Houses are different than Group Homes and a stricter standard in determining conditions of approval- should apply. A clear place to apply this stricter standard for Halfway Houses compared to Group Homes is in the case of density and another of course is location. If you have any questions feel free to call me. Larry Mathena February 6, 2009 Mr. David Kiff, Assistant City Manager 3300 Newport Blvd. Newport Beach, CA 92661 Re: 1115 W. Balboa Blvd., Newport Beach, CA 92661 Dear Mr. Kit& REC16VEL BY PLANNING DF.PARINEHf FEB 06 219 Cult OF NrvVNCIRT BEACH This letter is being written to inform you, the City Council Members, and the Independent Hearing Officer of some of the negative experiences my family and I have experienced living next door to the Ocean Recovery facility located at 1115 W. Balboa Blvd. It is also to confirm our opposition to its use permit application. Make certain I am writing, even though I fear retaliation against my family and/or myself for doing so. But, have decided it best to report the truth. We moved in five short months ago and suffer from daily stress regarding parking issues, loitering, loud noises, profanity and inappropriate discussions, fear of tenants, lack of privacy, and side -stream smoke. The following is our perspectives and opinions. Some specific examples of these issues are: PARKING • 1 come home and there is no street parking new my home, so I park around the comer. As I approach my home, I see the Ocean Recovery van and the supervisor's vehicle parked in front of my house. My thoughts are, "Don't they have a IA -car garage -why are they taking up street parking?" The fact is this facility, its vendors, and its visitors all occupy street parking, which only exacerbates the already crowded street parking. • On several occasions, I have had to park elsewhere because their c1ming Ws van is parked in front of my home. This in and of itself seems of no issue, however, this is a very strange situation. At first, l thought she was waiting for a drug deal. One of the ladies sits in the van from I Own until after lOpm - and smokes cigarettes, literally, the entire time. The odd behavior, so noticeable, that my kids ask, "What is that lady doing7" LOITERING • I come lame with my children in tow and we have a very rough looking guy standing in our yard, smoking his cigarette, like he lives there. As we park, he continues to remain on our step, smoking his cigarette. We have to walk through side - stream smoke to get to our front door, a very intimidating and unhealthy situation. LOUD NOISES, PROFANITY, INAPPROPRIATE DISCUSSION • Last night, among many, many other nights, I lay in bed listening to groups of people talking, yelling, laughing, coughing, aging, televisions blaring, in and out of doors; just beyond my bedroom windows. 'The kid's to= experiences the same. When I asked one of my school age children about it, he tells me he falls asleep listening to the neighbors every night. People calling across the courtyard to one another, late night, is not unusual. This is C:1Dxwrta•s od Swwu,mpWkin AWW Stir pkTempww hmm FAWCort L0td1 MVNnK)WW06 L. bDkdtdw OR 0207 especially disruptive when my kids are trying to get to sleep on school nights. The inappropriate and noticeable noise also includes the packing of cigarette packs - constantly (the kids are very aware of this now). There have also been incidents of musical instruments played outside late at night. Lately, yelling across the street to another apartment full of affiliates has been witnessed. • My husband, all my children, and myself have heard profanity, almost on a daily basis! It is extremely disturbing, especially, as a parent trying to limit inappropriate exposure to negative behavior. • One night, while in my bathroom, I could bear two people talking, quite late in the night. One was discussing details of his extreme problems, the other providing counsel. Again, a situation I do not want in my life, nor want my kids to have to be exposed to. I was forced to close the windows and door of that room. SIDE-STREAM SMOKE • Three rooms of our home have became dungeon -like because the windows and shades cannot be opened. This having been discovered after several incidents of cigarette smoke has come directly into our home (front door, back door, windows). We have had to close our front door and retreat to back rooms for several minutes to allow smoke in the living room to clear out The same incidents have happened in the bedrooms, as well. Smoke has been and continues to be breathed by my children, husband, and myself. I am asthmatic and have respiratory issues from the fi-equent side - stream smoke exposure. We have eighteen windows in our house and eleven can never be opened, because of the constant smoking next door. The children and my husband have complained of being hot and stuffy in the house, due to lack of fresh air! While it is winter now, I fear what will happen to us in the summer. Our back door is also kept closed almost constantly because of side - stream smoke. This is a real inconvenience because I personally Pike the idea of having a back door for fresh air. But, in this house, that is not the case. • When the kids and I come home, we are bombarded with side - stream smoke surrounding the two properties. It makes it nearly impossible to go and come without breathing it! Some actions I have had to take are having my kids inside the house until I own thg car. and the list goes on. The smoke is almos constant. We have had various negative experiences coming in the back gate too, where we have had to run in, hold our breath, cover our faces, etc. • Constant smoke next door has prohibited my children from being able to play in the backyard (for which we pay rent)! If the rare occasion arises and no one is outside next door, we are able to sneak out for about three minutes. Then, someone (or many) comes out to smoke - then the protocol is, "Hung, get inside, Mommy smells smoke." It is quite sad, actually. FEAR OF TENANTS • It is a rule for us that our kids cannot go in the backyard alone, ever. I feel fear not knowing the various backgrounds of the multiple ever - chancing tenancy next door. This. especially, Rfier my young daughter was given a piece of cake over the fence, from a man next door. Having heard many conversations of these tenants, l fear where they have been, what they have done, and who they know. It is very apparent jail is a commonality among them, as my children have become aware of this, as well. As I stated in the C:t[bcunna utl SeWnDMkiMLOW stttgATvnpwa Wiener F*elCWWit0mlaokliaVNJR0 902Wimam Dkffd• OR 0208. beginning of my later, I am writing this letter knowing the people living in these facilities are criminals. Many of them actually belong in jail, but have been allowed to live next door to me because they agreed to this program, instead of jail time. My husband and son have to walk around on alert all the time, never knowing what could arise with thew type of men (and number of men) next door. Not to mention the unnerving feelings of the females in our household. Because there are always multiple men outside next door, we have experienced problems with people looking over the fence and into our windows. This makes it uncomfortable; therefore, we have been forced to keep many of our window shades closed at all times. The last thing I want is for a tenant there knowing the setup and whereabouts of my kid's room. Just yesterday, I was getting my child out of the car in front of my house and turned around to see a man watching us from inside his screen door, over there. It was very unsettling. When I come and go with my children, I always remind them to not look "over there." Additionally, the fact is that Newport Elementary School is in very close proximity to this and many other like -kind facilities, which the City has allowed to operate. This is not right and does pose an unnecessary danger to children. It is also, within close proximity to other facilities of like kind, another situation the City has allowed to occur. This over - concentration is also not right I thought there were rules regarding a 1000 foot proximity to schools and one another. The number ofthese facilities throughout our City is ridiculous! I want to say this letter is just the tip of the iceberg of daily experiences and added stress that our family has, and is, going through. It is unfair my children have to go through this so someone can keep their profits up. It is undeniable; Newport Beach is expensive to reside in. For this reason alone, we expect a nice place to live. And right now, it is not a very nice place to live. Good families like ours will agi continue to be community members here if this is how it is going to be. Isn't it your job to protect and serve all the community members of Newport Beach? I hope the City Council Members and Hearing Officer will take our perspective (and other concerned community member) into account and deny, without appeal, the use permit application for the Ocean Recovery, facility located at 111 S W. Balboa Blvd. If this facility is abated, it would allow our family and neighbors to live a more normal life without daily exposure to side - stream smoke, lack of parking and privacy, loitering, intimidation, fear, toad noise, and profanity. Sincerely, Kristi Verdugo Cc: Colleen Darling, Landlord Cc: Paul Lopez CO use smiW'4d LoruSa gffitmpawy rm� FikISCwWO 0W*oMMVNM=9016L1 Wnkigdoe OR 0209 Deirdre M. Lopez 1125'/ W. Balboa Blvd. Newport Beach, CA 92661 February 7, 2009 To: Thomas W. Allen, Hearing Officer David Kiff, Assistant City Manager ?EC$VED By �NM11VG DEWRIEW FEB 0 9 299 CffY0F Vv1P0RreFAcH Subject: Opposition to Use Permit # UP 200"30 & UP 2008 -031 Ocean Recovery Facilities at 1115 and 1601 W. Balboa Blvd Dear Mr. Allen: My name is Deirdre Lopez. I am a clinical psychologist who treats individuals who use drugs and alcohol to cope. Getting sober is a long and painful journey that takes enormous courage, and I have great compassion and respect for the people who have successfully roughed the road of recovery. I believe that treatment is a better solution than jail for the sole `crime" of being an addict, and because of this I support the concept of sober living. But let us move from the concept of sober living to the reality of sober living on Balboa Peninsula, specifically on the 1100 block of W. Balboa Blvd., where there are at least three residential care facilities for recovering drug and alcohol abusers. I can speak to this because not only do I work with the daily challenges of sobriety in an outpatient setting, but for the last five of the eight years of residing at 1125 -1/2 W. Balboa Blvd., I have lived with the daily challenges of residing between two residential care facilities. Please understand that these are not facilities down the street, but literally 6-10 feet on either side of my home. The facility on the south side of my home at 1115 W. Balboa Blvd., Ocean Recovery, is up for a Use Permit approval hearing on February 12, and I am writing this letter to voice my opposition. There are at least four residential care facilities within 800 feet of my husband's and my home that house a total of 65 residents. As noted, two of these facilities abut our home and a third is across the street. My husband and I are nearly surrounded by residential care homes, and the facility across the street at 1132 W. Balboa has aheady been approved by the City to continue operations. I cannot open my windows without breathing cigarette smoke, and the City will not permit us to install air conditioning because of the "noise pollution" this will create for our next door neighbors. If this is not an issue of overconcentration, a violation of my right to a healthy living environment, and an absurdly skewed idea about who is polluting whom, I'm not sure what is. More importantly, all four of the facilities in our immediate neighborhood are within 1000 feet of Newport Elementary School, and upwards of 100 residential care residents cross the playground area and attend meetings on the beach at 15' St on weekends. A disproportionate number of these residents smoke cigarettes, they are predominantly male, and they use profanity excessively. The net result is overwhelming second -hand smoke, litter (particularly cigarette butts), and a locker room culture replete with loud, offensive language and conversation that is OR 0210 impossible to ignore in such numbers. Moreover, behavior problems abound in this population, and it is not uncommon for many of these men to be in trouble with the law for their substance abuse and poor judgment. Despite the repeated protests of the community about these issues, the City has already approved a use permit for the residential care facility at 1132 W. Balboa Blvd. It would be unconscionable for the City to approve yet another facility and abdicate their responsibility to better protect our children from being repeatedly exposed to poor role modeling and maladaptive behaviors. For this reason alone, I am in complete opposition of granting a use permit to either of the Ocean Recovery facilities. With respect to the operation of the Ocean Recovery facility at 1115 W. Balboa, in my opinion it is poorly managed. First, they are not in compliance with the City's regulations regarding garage usage, as they utilize their 6-car garage for meetings, entertainment, and bicycle storage. In addition, I am angry that time after time it has fallen on my shoulders to "police" the behaviors of the residents, whether it be for parking behind my garage, dumping obsolete appliances in the side yard in front of my front door, playing loud music, or leaving cigarette butts in the alley. I am also frustrated by the total lack of compliance with curfews. Time and again my husband and I hear groups of residents rounding the comer of the building on their bicycles well after 10 pm, voices raised with no regard for the fact that most of the neighborhood is trying to sleep. Part of recovery involves learning to respect yourself and the rights ojolhers. While every recovering individual must ultimately make this commitment him or herself, it is also the responsibility of the counselors and operators to model and encourage these practices. In my estimation, none of these entities has taken a responsible leadership role with respect to the Ocean Recovery facility, which has left the owners and residents on my block rightly frustrated, angry, and crying for change. The City has already approved one facility on our block, which is fair and reasonable accommodation on its part But the City also has a duty to preserve the culture of our neighborhood, protect our children, and provide a healthy environment for all of us; denying the use permits at 1 l I5 and 1601 W. Balboa will alleviate the overconcentration issue and go a long way in restoring balance to our neighborhood. Respectfully, Deirdre Lopez OR 0211 Brown, Janet From: Kitt, Dave Sent: Monday, February 09, 2009 5:04 PM To: Brown, Janet Subject: FW. Opposition To Halfway Residential Homes From: Ir1zz5@a01.com [ma1ito:1rtzz5@ao1.0om1 Sent: Wednesday, February 04, 2009 9:28 PM To: Klff, Dave Cc: p.lopez @madrunner.com Subject: Opposition To Halfway Residential Homes Dear Mr. Kiff, I'm writing to let you know that I am opposed to the application for the halfway house's located at 1115 W. Balboa Blvd. and also 1601 W. Balboa Blvd. These types of facilities are, for some reason, in abundance in this area This neighborhood was initially safe and clean and only negatively affected by visitors that would misbehave on occasion, now we have a constant issue. I don't understand how these facilities keep getting approved. We have schools, churches, playgrounds and preschools. Shouldn't we be concerned about the health and safety of our children. I have a significant investment in my home and I am very concerned about preserving the safety and security as well as the value of my properly. I urge the City Council to deny any requests that is before them for halfway residential homes. Thank you for considering this email in your effort to maintain our neighborhood. Lisa Rizzolo 1104 W. Oceanfront Newport Beach, California 92661 Get instant access to the latest & most popular FREE games while you browse with the Games Toolbar - Download Now OR 0212