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HomeMy WebLinkAbout20 - Supplemental Correspondence"RECEIVED AFTER AGENDA PRINTED: "� 21i Ll• ] 4 D� Newport City Council c/o Ms. Leilam I. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 Dear Ms. Brown and the Newport City Council, I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1115 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd (Ocean Recovery LLC) I am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an overconcentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I am now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Permit without further delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd. (Newport Recovery) The Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Drew Wetherholt P.O. Box 2255 Newport Beach, CA 92656 PRI*.TED:" Leilani AGENDA From: paul topaz 1p.lopez @adelphia.net] Sent: Wednesday, March 18, 2009 9:49 PM To: Brown, Leilani Subject: Fw: 1115 W. Balboa and 1216 W. Balboa Sober Living Facilities -- Appeal Hearings Attachments: Letter to City Clerk Mar 16 09.doc Ms. Brown, Please forward to each City Council member and please make part of the permanent record for the upcoming March 24th City Council meeting. Please confirm receipt of this email Sincerely, Paul Paul A. Lopez 1125 1/2 W. Balboa Blvd. Newport Beach, CA 92661 949-673 -0489 D_lo pez(r(Zroadru nner.com Newport City Council c/o Ms. Leilam I. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 Dear Ms. Brown and the Newport City Council, I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1 115 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd (Ocean Recovery, LLCJ I am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an overconcentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I am now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Permit without further delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd. (Newport Recovery) The Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Name Address Brown, Leilani From: Ronel Mathena ironelis@pacbell.net] Sent: Wednesday, March 18, 2009 10:15 PM To: Brown, Leilani Subject: City Council Submission for March 24th Hearing Newport City Council c/o Ms. Leilani 1. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 Dear Ms. Brown and the Newport City Council, I am requesting that this email be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1115 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd (Ocean Recovery LLQ I am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an overconcentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I am now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Permit without further delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd. (Newport Recoverv) The Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Newport City Council c/o Ms. Leilani 1. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 Dear Ms. Brown and the Newport City Council, I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1115 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd (Ocean Recovery. LLC) I am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an overconcentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary. School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I am now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Permit without further delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd. (Newport Recovery) The Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, l am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Sincerely, Tom Taylor 901 W Balboa Blvd Newport Beach,Ca.92661 19 March 2009 Newport City Council C/o Ms. Leilani I. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 Dear Ms. Brown and the Newport City Council, I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1115 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 )V. Balboa Blvd (Ocean Recovery LLC) I am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an overconcentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I am now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Permit without further delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd (Newport Recovery) The Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Victor and Wendela Sellier 1116 W. Oceanfront Newport Beach, Ca. 92661 Mailing Address: 3 Clarks Branch Rd. Great Falls, Va. 22066 Newport City Council c/o Ms, Leilam 1. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 Dear Ms. Brown and the Newport City Council, I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1 115 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd (Ocean Recovery, LLC) I am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i,e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an overconcentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have lad the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I am now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Permit without further delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd. (Newport Recovervl The Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Joseph & Kristi Verdugo 1113 W. Balboa BL, Newport Beach, CA 92661 Newport City Council c/o Ms. Leilani L Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 Dear Ms. Brown and the Newport City Council, I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1 l 15 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd (Ocean Recovery, LLC) I am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an overconcentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I am now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Permit without further delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd. (Newport Recovery) The Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Name Terry and Laurie McKenzie Address 1151 West Balboa Blvd. Newport Beach, CA 92661 RECEIVED -= CE1 'qEaeGEN?Da Thomas A. Techentin 444 S. Flower Street, Suite NP, elyC l Tel: 213- 362 -9200, ext. 219 ax: -6622''11 March 23, 2009 0 ;-K:E OF TE CT' cnx Newport City Council C" E Ur H C/o Ms. Lcilani I. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 RE: Business Use/Residential Area Dear Ms. Brown and the Newport City Council, I have communicated to you earlier about the matter of conducting a business in residential areas on the Peninsula. I now sending you this draft created by my well- intended neighbors and I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1115 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd (Ocean Recovery. LLC) I am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an over concentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I am now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Permit without further delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd. (Newport Recovery) The Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Tom Techentin 640 Magnolia Avenue Pasadena, CA 91106 -3622 "RECEIV D A ER AGEN<)y Brown, Leilani PRINTED :" 3 From: BandCSisco @aol.com Sent: Saturday, March 21, 2009 4:37 PM To: lbrown @city.newport- beach..ca.us; p.lopez @adelphia.net Subject: 1115 W. Balboa Sober Living Facilitiy- Newport City Council c% Ms. Leilani I. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 Dear Ms. Brown and the Newport City Council, I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1] 15 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd (Ocean Recovery LLC) I am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an overconcentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I am now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Permit without further delay. It is now time for the City to consider the safety and well being of the neighborhood. 1216 W. Balboa Blvd. (Newport Recovery) The Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Name: Mr. and Mrs. George W. Sisco Address: 1133 W. Balboa Blvd. Newport Beach, CA Feeling the pinch at the grocery store? Make dinner for $10 or less. I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1115 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd (Ocean Recovery, LLC) I am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an overconcentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. [ am now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Permit without further delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd. (Newport Recovery) The Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Kim Flores 1113 % W. Balboa Blvd, Newport Beach, Ca 92661 Newport City Council c(o Ms. Leilani I. Brown 70 MAR 24 3 City Clerk, Newport Beach 3300 Newport Blvd. UTECE OF Newport Beach, CA 92661 TH' CI -,Y CR EACH Dear Ms. Brown and the Newport City Council, I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1115 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd (Ocean Recovery, LLC) I am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an overconcentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. [ am now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Permit without further delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd. (Newport Recovery) The Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Kim Flores 1113 % W. Balboa Blvd, Newport Beach, Ca 92661 RECEIVED Newport City Council c/o Ms_ Leitani 1. Brown 29 MAR 24 AN D 31 City Clerk, Newport Beach 3300 Newport Blvd. ' OF Newport Beach, CA 92661 !� THE: y CLERK �1+� VIA . F.:� \il?� SERCH Dear Ms. Brown and the Newport City Council, f I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1115 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd !Ocean Recovery. LLC) 1 am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an aver concentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I am now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Permit without further delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd. (Newport Recovery) The Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Thank you, Bob and Laura Keane 808 West Oceanfront Newport Beach, CA 92661 From: cynthia koller [gracenbl @yahoo.com] Sent: Tuesday, April 14, 2009 3:22 PM To: Brown, Leilani Cc: Bludau, Homer; Curry, Keith; Wolcott, Cathy; Jeff Cole; Kiff, Dave; don2webb @earthlink.net; edselich @adelphia.net; Earl McDaniel; Susan /Barry Eaton; Gardner, Nancy; Henn, Michael; Robert Hawkins; JMarkman @rwglaw.com; Daigle, Leslie; Rosansky, Steven Subject: Newport Coast Recovery Hearing Gentlemen and Women: As I am not sure I will be able to attend tonight's Council meeting I would like this entered in the record; I am in total agreement with the Hearing Officer's determination of denial to Newport Coast Recovery. If you read the staff reports, Mike Newman states that he is in precarious position because the "other facilities" permits were submitted and completed before his(Newport Coast Recovery). If he was this concerned with the process, he should have originally followed the city rules and applied for an FEP. Since he did not apply the first time for a permit it seems to me he feels he does not have to regard the rules and codes as stated by the city in the ordinance. NCR stating a denial of the use permit would "adversely impact treatment" is misleading. If they are providing a "different benefit" why have they NOT produced the necessary paperwork to substantiate their assertion? Below you will find a copy of one of NCR's web pages as of April 13, 2009. It states NCR IS PROBATIONER APPROVED. WHY WOULD THEY GO THROUGH THE PROCESS TO GET APPROVED AND ADVERTISE THIS. IF THEY WERE NOT SERVING PROBATIONERS? It is in our ordinance this is not permitted. Why would they again not follow the ordinance? Between the horrendous adverse impacts that the neighbors have had to live with, the burden of having to document these for the city process and the example after example of NRC flipping it's nose at the resident's and the city of Newport's ordinance it should be obvious that they have failed their clients, the city and the neighbors time and time again. Thank you for your time and consideration. Respectfully, Cindy Koller iii, • Home • Contact • Free Consultation • Info /FA • Our Philosophy. • Projuam • Resources • Staff • Why Us? 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We have a great BBB rating and we're a member of the NAATP I M Info/FAQ Facility Type Men's Inpatient Chemical Dependency Treatment Location Newport Beach, CA Programs offered 30 day, 60 day, 90 da + Credentials Licensed by the California ADP, member of the National Association of Addiction Treatment Providers Probation Approved Yes Program Components Individual therapy, group therapy, outside group meetings (AA, NA, etc.), psychological and medical evaluation, Access to church recreational opportunities, 24 hour staff, balanced W chohfr' Califorill . itorifidedtfAlity y �IAIII .. ......... and,Fe,d"dtFq- confidealtral, r: Mg, TUT --Myl Housing l - Have -i own bed in seV -. 'Cluing [ego g throughathe same, , 4&1144 oncnt of Pa I'lliM ont-gSan c swell p tie us an e it he 1 NI Detax Option f6fifidtion re gig " " jU pVa i'i". nniAgAhe Te egi K 1 "RECEIVED AFTER AGE D Mike, Dave- RECEIVED PRINTED:" ao � "�I At City Council meeting tomorrow night, April 14 , we understand that the Council will consider the appeal of the operator the Officer's denial of the C UP, and pos sibl y other requests m IpAP ntly . retained counsel. We are concerned with the staff writeup and @F%Oetations of facts,circumstances and testimony that do not reflect the situation of this Use accurately. H CM M Several examples: CR IF NWT BEO 1. The report suggests that the "median block length for the mid Penninsula are should be defined as 617 ft." In fact, the blocks in this area are in the 300 -360 ft range each. 2. The report suggests that "there is the potential for Over - concentration" in the area. There is ACTUAL Over - concentration in the immediate area. -At 1132 W. Balboa Blvd.: an 11 bed facility At 1115 W. Balboa Blvd.: a 22 bed facility At 1216 W. Balboa Blvd: a 29 bed facility(subject applicant) At 1129 W. Balboa Blvd.: a 12 bed facility(believe that this was just vacated) At 1217 W. Bay : a 6 plus 6 bed facility pending At 1120 W. Balboa Blvd.: sober living group This list does NOT include other locations believed to be unlicensed 'sober living: facilities, or those several blocks away -- -this is 11th and 12th street alone. 3. The report makes general reference to "residents' oomplaints,but does not reflect the actual violations of physical and other codes which have been known to the City for as much as 5-6 years. Specific examples: - applicant failed to apply for or obtain previously required CUP, FEP permits. - applicant made business license registration as a "Personal service" rather than "Residential Care and treatment" business. - applicant operated an illegal facility at 1219 W. Balboa across the street from 1216 W. Balboa for some time, which he closed at an unspecified date. -a number of physical code violations 4. This facility and its occupants have been the source of nuisances to neighbors for a number of years-- - - - - -- -not only when residents are in the facility,but also when they congregate in the area —on beach, alleys and sidewalks. These have been repeatedly reported to facility managers for years. 5. This operator per his own admission, and that of two of his onsite managers, has "trouble controlling the men in his facility".Family members of residents have reported serious behavioral ,substance abuse and frequent drop- outs associated with this operator's program. 6. The visitors to this facility regularly litter the streets, smoke on the beach, and take up already- constrained street parking - -in addition to the residents of the facility. 7. The confrontational behavior of the facility's residents and manager has occurred repeatedly with no relief from the City - -in and around the facility, on the beach and playground next to the school in front, and alleys ,sidewalks,boardwal k. 8. The managers of subject operator have repeatedly purchased cigarettes and alcohol for their residents from local stores - -- illegal. Issues and complaints have been reported by multiple neighbors to: Code enforcement, the City attorney, the Police Dept,and City Mgr. over the past 6 years. Not once was there a citation, and most of the time, citizens were told" there is nothing that we can do ". The City has allowed this residential neighborhood and area Around Newport Elementary School and playground to become so saturated that it is widely known as Rehab Beach. People go to this area regularly for drug activity. At the December 2008 public hearing, 83 residents and local business owners attended, many of whom presented testimony concerning the applicant operator and requesting denial of this use. A group of 42 parents with children attending.Newport Elementary and who use the playground and beach there submtted a letter petition into record at the hearing requesting that this establishment be denied a CUP due to problems and its close proximity to the elmentary school and playground. The City has a duty to protect its public's health and safety- -and the integrity of its residential neighborhoods. While all of these statements and facts were previously submitted into record, we note that many were omitted from previous reports. Therefore, we hereby request that this correspondence be entered into public record as reassertion of testimony and evidence previously submitted —and that this be distributed to the Mayor and Council members in advance of the April 14th hearing. Denys H. Oberman, CEO 4 • + 1• Jim OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476 -0790 Cell (949) 230- 5868Fax (949) 752 -8935 Email: d .obermanaobermanassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied inforrnation is strictly prohibited. If you have received this transmission in error, please notify us immediately at 949/476-07" or the electronic address above, to arrange for the return of the document(s) to us.