HomeMy WebLinkAbout28 - Morningside Recovery - PowerPoint PresentationCity of Newport Beach
City Council Meeting of June 14, 2011
Morningside Recovery, LLC
Periodic Compliance Review
of Zoning Agreement
Zoning Agreement
Ordinance 2010 -18 adopted September 28,
2010
Provides Morningside with entitlement for
the operation of residential care facilities in
the City
Establishes terms and Operational Conditions
Provides for periodic compliance review
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Key Operational Conditions
Condition No. i - Occupancy Level: 36 Clients/
Client Beds Citywide, no more than 30 in Peninsula
Zone
Condition No. 7 - Smoking & Tobacco Products:
Secondhand smoke may not be detected off -site
Condition No. 8 - Parking: Garages and other
parking spaces must be available at all times
Condition No. 9 - Client Transport: Van drivers
required to respect all City rules
Condition No. 3.2- Quiet Hours: Between 9:00 p.m.
and 8:0o a.m.
Violations of Conditions
1St NOV issued October 15, 2010 for failure to
provide accessible garage parking space
4 NOV's issued November 2, 2010 for failure
to comply with:
• Condition No. j. (Occupancy)
• Condition No. 8 (Parking)
• Condition No. g (Transport)
• Condition No. 13 (Route Plans)
NOV's &Administrative Citations
Condition No. 1- Occupancy
Condition No. 6 —Trash
Condition
No.
7 - Smoking
Condition
No.
8 — Parking
Condition
No.
9— Client Transport
Condition
No.
12— Quiet Hours
Condition No. 13 — Route Plans
Condition No. 14 — Deliveries
Condition No. 22— Local Laws
Section N of ZA —Compliance
1 NOV
2 NOV's
2N OV's, 1 AC
4 NOV's
4 NOV's, 5 AC's
2 NOV's, 2 AC's
1 NOV
1 NOV, 2AC's
1 NOV, 4 AC's
1 NOV
Total Notices Issued for
Failure to Comply
Between September 28, 2o10 and June 1o,
2011:
19 Notices of Violation
14 Administrative Citations
24 -hour Hotline
Complaints regarding a Morningside facility
may be registered at:
brian@morningsiderecovery.com
Complaints may also be registered with City's
Code Enforcement Division at:
949-644-3215
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Recommendation
1. Determine Morningside is unable or
unwilling to comply with Zoning Agreement
z. Adopt Resolution, finding that Morningside
has not demonstrated good faith
compliance with Zoning Agreement
3. Direct staff to issue written notice to
Morningside