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Home My WebLink About14 - Annual Review of Sober Living by the Sea, IncSEW PpRr a u � �i P 9< /PORN TO: CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 14 October 9, 2012 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Melinda Whelan, Assistant Planner APPROVED: A K /� TITLE: Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. ( SLBTS) (PA2010 -150) 5052 g1h St., 112 40th St. Units A and B (closed), 126 44th Street Units A and B, 5004 Neptune Ave. Units A and B, 5101 River Ave. Unit B, 3980 Seashore Dr., 4711 and 4711 '/2 Seashore Dr., 4500- 4504 Seashore Dr.(closed), 4800 Seashore Dr. Units A and B, 6111 Seashore Dr., 6110 W. Ocean Front, 4138 Patrice Rd., 2811 Villa Way RECOMMENDATION: 1. Conduct a public hearing; 2. Find that SLBTS has demonstrated good faith compliance with the terms of the Zoning Implementation and Benefit Agreement; and 3. Receive and file documents submitted good faith compliance with the terms Benefit Agreement. FUNDING REQUIREMENTS: by SLBTS (Attachment A) to demonstrate of the Zoning Implementation and Public There is no quantifiable fiscal impact related to this item and no specific funding is necessary to take action on this matter. 1 Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. (SLBTS) (PA2010 -150) Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010 -150) October 9, 2012 Page 2 DISCUSSION: Introduction This is the third annual periodic review of the Zoning Implementation and Public Benefit Agreement ( "Zoning Agreement ") between the City and SLBTS. Staff has conducted a thorough review of SLBTS's operations and the requirements of the Zoning Agreement (Attachment B, Zoning Agreement). The review indicates that SLBTS has made a good faith effort to comply with the terms of the Zoning Agreement, and is in compliance with all requirements including the provision of off - street parking for the Villa Way office and meeting facility (Villa Way facility) located at 2811 Villa Way. The Zoning Agreement establishes the duties of both the City and SLBTS, and requires that the City and SLBTS each comply in good faith with its terms. The Zoning Agreement includes a provision that a periodic review be conducted at least once every 12 months for good faith compliance by the applicant, consistent with California Government Code Sections 65865 and 65865.1, and Newport Beach Municipal Code (NBMC) Section 15.45.070. If the City Council finds that the applicant has not complied in good faith with the terms or conditions of the agreement, the City Council may pursue remedies as stipulated in the Zoning Agreement. Background The second annual periodic review occurred in October 2011 (refer to Attachment C for the October 11, 2011, City Council Minutes). At that public hearing, the City Council determined that SLBTS had demonstrated good faith compliance with the terms of the Zoning Agreement. Additionally, there was a discussion as to the timing of the annual reviews. The Zoning Agreement Administration Protocol dated October 29, 2010 (Attachment D) states the annual review will be conducted in July of each year. Due to an ongoing review of a similar zoning agreement between the City and another operator of similar facilities, the last SLBTS annual periodic review was postponed from July to October 2011. Staff has continued with the October review date since some of the reports are not collected until June and August. This allows staff enough time to gather, review the information, and prepare a staff report. 2 Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. (SLBTS) (PA2010 -150) Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010 -150) October 9, 2012 Page 3 Terms and Conditions of the Zoning Agreement Villa Way Facility The operational conditions related to the Villa Way facility are specified in a letter from the City to SLBTS dated August 25, 2006, (Determination Letter) and incorporated by reference as Exhibit C in the Zoning Agreement (Attachment B). The conditions set forth in the Determination Letter are summarized in the "Condition Category" column Villa Way Facility Matrix, included Attachment E of this report. One of the requirements of the Determination Letter is that SLBTS shall provide 13 off -site parking spaces on a vacant lot under separate ownership located across the street from the Villa Way facility at 2807 Lafayette Avenue. The facts reported to staff by SLBTS states they have made a good faith effort to comply with the terms of the Zoning Agreement, including the provision of an off -site parking lot. Specifically, on September 16, 2011, SLBTS reported that it has reached an agreement with the representative of the property owner of 500 32nd Street to lease 13 parking spaces on a month -to -month basis for an indefinite period of time. This parcel provides required off -site parking spaces for a property located at 3388 Via Lido, as well as at least 13 additional parking spaces that are unencumbered and available for lease. A copy of a letter of intent dated September 14, 2012, regarding the agreement between SLBTS and the property owner of 500 32nd Street is attached including verification that 13 parking spaces are exclusively for the SLBTS use (Attachment F). Since the agreement for the spaces at 500 32 "d Street is not a long -term agreement, SLBTS is still committed to looking for additional off -site parking opportunities. In the meantime, staff is of the opinion this off -site parking arrangement meets the intent of the requirement in the Determination Letter, and that City Council can find SLBTS in compliance with this required condition based on the letter of intent dated September 14, 2012. Compliance Review and Applicable Regulations of the Zoning Agreement In addition to the requirement of an annual periodic review, the Zoning Agreement provides that SLBTS shall submit a Compliance Review Report on or before December 31 and June 30 of each year of the term of the Zoning Agreement. SLBTS has submitted its Compliance Review Reports in a timely manner (Attachment G). The Zoning Agreement limits the number of client beds permitted in SLBTS' sober living homes and licensed treatment facilities to 204 beds citywide. SLBTS reported a total of 75 client beds citywide as of July 30, 2012. Compared to June 2011, 15 beds have been eliminated. There has been a 63 percent decrease in reported client beds 3 Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. ( SLBTS) (PA2010 -150) Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010 -150) October 9, 2012 Page 4 between May 2008 and July 2012. (See Attachment H for an inventory of client beds listed by address, and Attachment I for a map of all SLBTS facilities.) The Compliance Review Report provides current information regarding facility locations and bed counts. The accuracy of the information provided by SLBTS has been verified by the City through on -site inspections conducted by the Code Enforcement Division. During on -site inspections the Code Enforcement Division has also verified that each facility is in compliance with the "Applicable Regulations' as delineated in Exhibit B of the Zoning Agreement. A summary of the "Applicable Regulations" are provided in the matrices attached to this report (Attachment J), and below: Table 1 — Applicable Regulations Regulation Specific Requirement Status Number and Location No more than 204 client beds citywide, no more In compliance. 75 of Facilities than 156 in Peninsula zone, including 12 maximum client beds citywide on Lido Isle. reported as of 7/30/12. New Facilities after One facility per block, or across bordering street In compliance. effective date of (block is area bounded by 4 streets, not alleys). Zoning Agreement Dispersal: 1 facility No new facility established outside Peninsula Zone Dispersal completed per block within 30 until dispersal complete 12/27/10. months of effective In compliance. date (4 exceptions specified in Zoning Agreement may remain within same block). Proximity to schools, No facility within 1,000 feet of NMUSD elementary In compliance. large day care school or large day care facility, or adjacent to 36t facilities, parks Street tot lot or Marina Park tot lot. Parolees/ SLBST shall not provide services to or house any In compliance. Government parolee from CA Dept. of Corrections or equivalent. SLBTS reports it Referrals Other parolee /probationers -1 per dwelling unit does not provide allowed. services or housing to parolees. Note: Effective Feb. 2011, NBPD requests they be asked to supply this information only for criminal law enforcement purposes. Medical Waste Must be disposed of in accordance with law and In compliance. Disposal best practices Other Waste Disposal Must comply with NBMC requirements for trash In compliance. enclosure provisions Smoking and Good faith effort to prevent secondhand smoke In compliance. No Tobacco Products affecting neighboring properties; direct clients not to complaints received. litter w/ tobacco products or violate smoking Cigarette receptacles prohibitions have been installed at G: Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. ( SLBTS) (PA2010 -150) Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010 -150) October 9, 2012 Page 5 Regulation Specific Requirement Status all facilities and each has a designated smoking area. Off - Street Parking Comply with NBMC requirements for off - street In compliance. parking in residential zones. 24 -Hour Hotline Continuously operate 24 -hour hotline for receiving In compliance. inquires and /or complaints re: its operation of Hotline: (949) 554 - facilities. 1147 Quiet Hours All residents to be inside during quiet hours: In compliance. No Sun. - Thurs.: 10 p.m. — 7 a.m.; Fri. -Sat.: 11 p.m. — 7 complaints received. a.m. Route Plans Good faith efforts to adhere to required route plans In compliance, for transport of clients complaint received regarding a van driving fast and off - route. All drivers were given a copy of the approved route plan and the route was reviewed with each driver individually. The Executive Director of SLBTS addressed this issue in a staff meeting on March 28, 2012 and announced that any driver found to be in violation of this regulation will face disciplinary action, up to and including termination. Deliveries of Goods Accept deliveries during customary times in In compliance. No and Services residential areas complaints received. Clients per bedroom 2 clients per bedroom unless size of structure In compliance. warrants more for any single bedroom. J Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. (SLBTS) (PA2010 -150) Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010 -150) October 9, 2012 Page 6 Pursuant to the Zoning Agreement, the Code Enforcement Division conducted on -site interior inspections of eight SLBTS facilities in January and July this year, and exterior inspections of all SLBTS facilities on January 19, 2012. A copy of the Code Enforcement inspection reports are provided in Attachment K, and a summary of dates and locations of facility inspections are provided in the table below: Table 2 — SLBTS Facilitv Inspections Inspection Date Facility Address Inspection Results January 19, 2012 10/17/11 4800 Seashore Dr. In Compliance 6110 W. Ocean Front In Compliance 6111 Seashore Dr. 6111 Seashore Dr. In compliance Drunk male entered location and left, officers were unable to locate the 4138 Patrice Rd. In compliance January 19, 2012 External Inspection of all facilities In Compliance July 18, 2012 505 29 St. In Compliance 505 291h St. 3980 Seashore Dr. In Compliance Drunk person at location, gone on officers arrival 4800 Seashore Dr. In Compliance 5101 River Ave. #B In Compliance Calls for Service and Other Complaints The Newport Beach Police Department (NBPD) reviewed calls- for - service related to the SLBTS facility addresses between September 1, 2011, and August 31, 2012. There were no emergency calls for service at any of the identified locations and the calls were minor in nature and did not raise concern with the NBPD regarding facility operations. Table 3 — Calls for Service Date & Location Complaint 10/17/11 Missing adult- patient left, reported taken 4711 Seashore Dr. 12/6/11 Medical aid for resident 6111 Seashore Dr. 3/9/12 Drunk male entered location and left, officers were unable to locate the 4800 Seashore Dr. male 3/10/12 Bicycle taken by former client, petty theft report taken 4800 Seashore Dr. 3/30/12 Medical aid — assisted 505 291h St. 5/17/12 Drunk person at location, gone on officers arrival 505 291h St. ME Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. (SLBTS) (PA2010 -150) Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010 -150) October 9, 2012 Page 7 The Code Enforcement Division has reviewed other complaints received by the City during this time period, as summarized in the table below. All of these complaints were addressed immediately by SLBTS and did not lead to violations. Therefore, they did not create overall issues with compliance with the Zoning Agreement. Additionally, none of these concerns were observed during the compliance inspections conducted by Code Enforcement. Table 4 — Other Complaints Received by the Citv Date & Location Complaint Resolution 12/19/11 Using garage parking spaces for Code Enforcement inspected and 4800 Seashore Dr. storage. parking spaces were clear and in compliance. 3/12/12 Van number 5 driving so fast SLBTS notified. All drivers were given 39th and River around corner that it went over the a copy of the approved route plan and handicap curb and driving off- the route was review with each driver route. individually. The Executive Director addressed this issue in the all staff meeting on March 28`h, 2012, and announced that any driver found to be in violations of this regulation will face disciplinary action, up to and including termination. 4/3/12 and 5/24/12 Smoking on beach. SLBTS was notified of the complaint. 4711 & 4800 SLBTS advised City that the issue Seashore Dr. had been addressed with all facilities. Email was sent on May 25, 2012, (copied into Attachment A) to all facility managers explaining new City Ordinance prohibiting smoking within 100 feet of the beach /parks. No further complaints. 7/10/12 Party on 4 1h of July No Violation. SLBTS advised City 3960 and 3980 that 3960 Seashore Dr. was no longer Seashore Dr. a SLBTS facility as of 12/1/10, and all clients at 3980 Seashore Dr. were on an excursion during this Holiday. Parking or Moving Violations Although not required by the Zoning Agreement, staff also reviewed the City's parking and moving citation records for SLBTS transport vehicles holding Master Parking Permits. A total of four (4) parking citations and five (5) moving citations were issued between August 2011, and August 2012, as summarized in the following tables. I Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. (SLBTS) (PA2010 -150) Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010 -150) October 9, 2012 Page 8 Table 5 — Parkina Citations Vehicle Parking Citation General Location Date Honda Van Parking in alley 12644 th St. 3/12/12 Dodge Van Excess 18" from curb facing /wrong way 501 291h St. 3/24/12 Honda SUV Parking within intersection of alley Seashore Dr. /40 and 39 St. 5/25112 Ford Van Parking in red zone 28 St. 6/5/12 Table 6 — Movina Citations Vehicle Moving Citation General Location Date 6BZC780- Cell phone use while driving without Irvine /Marguerite 8/3/11 Van hands -free device 5RMH558 Cell phone use while driving without Balboa/ 32nd 8/16/11 Van hands -free device 5HRC168 - Cell phone use while driving without 38 / Balboa 3/4/12 Van hands -free device 5HRC168 - Cell phone use while driving without 38 / Balboa 5/15/12 Van hands -free device On a monthly basis, SLBTS' Director of Operations and Director of Extended Care meets with the drivers and reviews the driving route. All drivers are given a copy of the approved route plan and the route is reviewed with each driver. In addition, the SLBTS Executive Director addressed this issue in the all staff meeting on March 28, 2012, and again stressed the importance of complying to the City Zoning Agreement and all local laws related to driving and /or parking within the City. Any driver found to be in violations of this regulation will face disciplinary action, up to and including termination. The drivers of the aforementioned parking and moving citations received progressive disciplinary action. Conclusion: Staff is of the opinion that SLBTS has made good faith efforts to comply with the terms of the Zoning Agreement, including securing off -site parking for the Villa Way facility. Based on the information and attachments provided in this report, staff recommends that the City Council: 1. Find SLBTS has demonstrated good faith compliance with the terms of the Zoning Agreement; and 2. Receive and file the documents submitted by SLBTS to demonstrate good faith efforts and compliance with the Zoning Agreement. 0 Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. (SLBTS)(PA2010 -150) Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010 -150) October 9, 2012 Page 9 The next annual review will be presented to the City Council for consideration at the first meeting in October 2013, consistent with the Zoning Agreement Administration Protocol. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Notice of this hearing was published in the Daily Pilot, mailed to all owners and occupants of property within 300 feet of the boundaries of each of the property locations, and mailed to the applicant at least 10 days prior to this hearing, consistent with the provisions of the NBMC. Notice of this hearing was also posted at each property location at least 10 days prior to this hearing. Submitted by: Kimberly Brandt, Community Dew Submitted by: CID Aaron C. Harp )merit Director City Attorney 9 Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. ( SLBTS) (PA2010 -150) Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010 -150) October 9, 2012 Page 10 Attachments A. SLBTS Documents Demonstrating Compliance B. Zoning Agreement C. October 11, 2011, City Council Minutes D. Zoning Agreement Administrative Protocol Memorandum E. Villa Way Facility Matrix F. Letter of Intent for Off -Site Parking Spaces G. SLBTS Compliance Reports H. Inventory of SLBTS Client Beds as of June 2012 I. Map of SLBTS Facilities — Open and Closed as of July 2012 J. SLBTS Compliance Matrices: Overall Compliance Matrix and Individual Facilities Matrices K. Code Enforcement Inspection Reports 10 Attachment A SLBTS Documents Demonstrating Compliance 11 12 Sober Living by the Sea Annual Report to City of Newport Beach September 13, 2012 Exhibit B — Applicable Regulations In accordance to the Zoning Agreement there shall be no more than 204 beds occupied in the City at any time by persons who are patients, clients or customers of Sober Living by the Sea and there shall be no more than 156 beds occupied in total in those parts of the City referred to as the Peninsula Zone. As of Sept 13, 2012 Sober Living by the Sea (SLBTS) managed or controlled the following facilities in Newport Beach: SLBTS FACILITIES Property Address Peninsula Zone (Y or N) Treatment Bed Count ADP License (Y or N) Peninsula Off Peninsula 4138 Patrice (N) 6 Y 4711 Seashore Y 6 Y 4711 %: Seashore Y 2 N 505 29ih Street Y 6 Y 3980 Seashore Y 6 Y 12644 1h St, units A &B Y 9 N 4800 Seashore, units A & B Y 10 Y 5004 Neptune, unit A Y 6 N 5004 Neptune, unit B Y 6 N 5101 River, unit B Y 6 Y 6110 West Ocean Front Y 6 Y 6111 Seashore Y 6 Y Total Client Bed Count: 75 bed — Since the last annual report (September 2012) SLBTS has closed: ➢ 112 40`h St Units A & B =8 Beds (two of which were staff beds — not in last years total count of 90 beds; l 4500 & 4504 Seashore= 10 beds > 4800 Seashore - in 2011 counted as 9 beds; in 2012 counted as 10 beds. Staff member no longer living in house. Sober Living is in compliance with this requirement #9 of Applicable Regulations: SLBTS is not operating a Facility that is within 1,000 feet of any NMUSD elementary school or the large commercial State - licensed day care facility #10 of Applicable Regulations: Sober Living has not established or operating a facility at any location which is adjacent to the 36th Street Tot Lot or Marina Park Tot Lot. 13 Operational Regulations — Exhibit B #1 of Operational Regulations_ No parolee or parolees from the California Department of Corrections or its equivalent in any other State or the Federal Bureau of Prisons in any of its Facilities located in the City #2 of Operational Regulations: SLBTS is in complete compliance with disposal of medical waste if indeed this is necessary. SLBTS is not a medical facility and does not deal with medical waste issues. #3 of Operational Regulations: SLBTS makes great efforts to comply with "trash lid coverage" regulation. No complaints filed #4 of Operational Regulations: Sober Living makes good faith efforts to prevent second hand smoke from leaving the facility. The end of May, 2012 Matt Cosylion contacted me about the change in Ordinance on Smoking within 100 feet of a park, park facility or beach. I responded by sending an email to all Program Directors and Operations Director stating the following: "From: Kathy Sylvia, Newport Beach, CA [mailto:ksylvia @crchealth.com] Sent: Friday, May 25, 2012 12:29 PM To: Sandy Taylor, Newport Beach, CA; Stephen Odom, Newport Beach, CA; Jennifer Twist, Newport Beach, CA; Evan Miller, Newport Beach, CA; Eric Vandennoort, Newport Beach, CA; Leff Hamilton, Newport Beach, CA; Nathan Stump, Newport Beach, CA; Michelle Spitler, Newport Beach, CA Cc: Cosylion, Matt Subject: City Ordinance on Smoking has changed All, I got a call from Matt Cosylion from the City of Newport Beach. He has received several complaints regarding smoking at and around 4711 and 4800 Seashore Dr. He was telling me that the City Ordinance on Smoking has changed (see below) and there is no smoking within 100 feet of the beach /parks etc on public property. We need to follow this Ordinance closely (fines attached as well as public health) and see to it that: 1. Program Directors must inform each staff under their supervision of this Ordinance 2. Director of Operations will inform house - parents and drivers of the no smoking band 3. Make sure that each client is aware of this and follows it closely - have their Case - managers reinforce the seriousness of this 4. All staff will not only abide with the Ordinance but reinforce this with the clients Begin today thank you and let's make sure that SLBTS is in complete compliance. Many thanks and have a good weekend. -1 4- Kathy 11.04.080 Smoking Prohibited. k No person shall smoke or be smoking in a park, park facility, beach, or oceanfront boardwalk or within one hundred (100) feet of a park, park facility, or beach while the person is located on public property. This prohibition shall not apply to a person in an alley or in a car or truck that is being driven on a public street, alley or in a parking lot. B. No person shall dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, including cigarette or cigar butts or ashes or used matches in any place where smoking is prohibited under this chapter, except any specifically designated smoking waste receptacle. C. Punishment under this section shall not preclude punishment pursuant to Health and Safety Code Section 13002, Penal Code Section 374.4, or any other law proscribing the act of littering. Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law. (Ord. 2012 -6 § 1 (part), 2012) Kathleen Sylvia Executive Director Sober Living by the Sea Treatment Centers A Division of CRC Health Group, Inc. O; (949) 258 -0063 w .sobernving.com #5 of Operational Regulations: Sober Living complies with all City code provisions requiring of street parking in residential zones. No complaints received 46 of Operational Regulations: Sober Living continuously operates a 24 hour per day hotline for receiving inquiries and/or complaints. The number is 949.554.1147. No complaints received #7 of Operational Regulations: Quiet hours have been observed as outlined in the Zoning Agreement. These hours are Sunday through Thursday 10 pm to 7 am and Friday through Saturday 11 pm to 7 am. No complaints have been received. # 8 of the Operational Regulations: A citizen's complaint was made to the City regarding Van #5 deviating from the approved driving route plan. Apparently, Van 5 was observed deviating from the prescribed route and driving too fast. SLBTS response — On a monthly basis the Director of Operations and Director of Extended Care meets with all drivers and reviews the driving route. All drivers were given a copy of the approve route plan and the route was review with each driver 1 5 individually. In addition, the Executive Director addressed this issue in the all staff meeting on March 28th, 2012 and again stressed the importance of complying to the City Zoning Agreement with SLBTS. It was announce in the meeting that any driver found to be in violations of this regulation will face disciplinary action, up to and including termination. #9 of the Operational Regulations: SLBTS is in compliance with the regulations related to deliveries of goods and services. No complaints received #10 of the Operational Regulations: SLBTS willing participates in activities of any stake holder committee or group established by the City to address complaints and concerns of residents of the City. To date no such participation has been requested. #11 of the Operational Regulations: SLBTS strictly adheres to the regulation which does not allow for no more then two (2) clients are in any bedroom in the Facilities. A compliant was filed with the City (along with pictures) regarding a party held on July 4, 2012 at 3980 Seashore. SLBTS does not rent that address but does rent 3960 Seashore (the upstairs Unit which does not have a patio). The downstairs unit (3980) has a very large patio where apparently the party was going on. Current that unit is rented by three young men who were indeed having a very large, apparently out of control party (as observed by staff). SLBTS ALWAYS takes their clients out of town on July 4th. This year we chartered a boat and took the clients fishing and watched the fireworks from the deck of the boat. The clients detarted the city at 9:30 am and did not return to their homes until llpm on July 4t . 10 Operations for Villa Way Facility, Newport Beach In accordance with the letter dated August 2006 which addresses the operations of Villa Way the following is submitted: Parking Lot: Since the Parking Lot situation could not be resolved with the owners of the property located at the point of Villa Way and Lafayette the City of Newport Beach has agreed (effective Jan, 2012) that SLBTS could enter into an agreement with Diamond Parking Services to lease 17 space at station SN09. Diamond Parking Services sent a letter to the City of Newport Beach on Jan 10, 2012 stating "they will not sell more monthly parking passes than stalls that exist on this location" in order to confirm spaces for SLBTS. Over the last nine months, SLBTS has not experienced any lack of spaces. Group Size /Frequency Compliance Report: SLBTS is in compliance with the numbers of groups and clients permitted to attend meetings at 2811 Villa Way. SLBTS maintains a calendar of meetings and an attendance data for each group. SLBTS then summarizes this information into a tracking report that outlines the exact number of clients that have attended the meetings scheduled at Villa Way. The numbers are well within the permitted limits. 17 Attendance Tracking Form July, 2011 Week 1 Week 2 Week 3 Week 4 Meetings Attendee Meetings Attendee Meetings Attendee Meeting Attendees 01 -July 19 04 -July 18 11 -July 19 18 -July 17 05 -July 16 11 -July 16 18 -July 17 05 -July 18 12 -July 14 19 -July 19 06 -July 17 12 -July 17 19 -July 15 06 -July 18 12 -July 18 20 -July 16 07 -July 19 13 -July 19 20 -July 17 07 -July 16 13 -July 19 21 -July 18 08 -July 19 14 -July 17 21 -July 19 14 -July 17 22 -July 19 15 -July 19 Attendees 19 Attendees 17.6 Attendees 17.5 Attendees 17.4 Meeting 1 Meeting 8 Meeting 10 Meeting 9 Week 5 Meeting Attendees 25 -July 15 25 -July 17 26 -July 17 26 -July 17 27 -July is 27 -July 14 28 -July 19 28 -July 18 29 -July 16 Attendees 16.7 Meeting 9 m August, 2011 Week 1 Week 2 Week 3 Week 4 Meetings Attendee Meetings Attendee Meetings Attendee Meeting Attendees 01 -Aug 19 08 -Aug 17 15 -Aug 15 22 -Aug 19 01 -Aug 15 08 -Aug 18 15 -Aug 18 22 -Aug 18 02 -Aug 17 09 -Aug 18 16 -Aug 18 23 -Aug 18 02 -Aug 17 09 -Aug 18 16 -Aug 14 23 -Aug 17 03 -Aug 19 10 -Aug 16 17 -Aug 15 24 -Aug 15 03 -Aug 15 10 -Aug 15 17 -Aug 16 24 -Aug 16 04 -Aug 18 11 -Aug 15 17 -Aug 18 25 -Aug 17 04 -Aug 17 11 -Aug 18 18 -Aug 17 25 -Aug 17 05 -Aug 18 12 -Aug 17 18 -Aug 16 26 -Aug 18 19 -Aug 19 Attendees 17.2 Attendees 16.8 Attendees 16.6 Attendees 17.2 Meeting 9 Meeting 9 Meeting 10 Meeting 9 Week 5 Meeting Attendees 29 -Aug 18 29 -Aug 17 30 -Aug 17 30 -Aug 17 31 -Aug 18 31 -Aug 19 Attendees 17.6 Meeting 6 49 September 2011 Week 1 Week 2 Week 3 Week 4 Meetings Attendee Meetings Attendee Meetings Attendee Meeting Attendees 01 -Sept 18 05 -Sept 16 12 -Sept 19 19 -Sept 18 01 -Sept 15 05 -Sept 14 12 -Sept 19 19 -Sept 17 02 -Sept 18 06 -Sept 17 13 -Sept 17 20 -Sept 18 06 -Sept 17 13 -Sept 19 20 -Sept 18 07 -Sept 17 14 -Sept 16 21 -Sept 19 07 -Sept 17 14 -Sept 17 21 -Sept 15 08 -Sept 18 14 -Sept 16 22 -Sept 14 08 -Sept 16 15 -Sept 17 22 -Sept 18 09 -Sept 19 15 -Sept 15 23 -Sept 19 16 -Sept 18 Attendees 17 Attendees 16.7 Attendees 17.3 Attendees 17.3 Meeting 3 Meeting 9 Meeting 10 Meeting 9 Week 5 Meeting Attendees 26 -Sept 15 26 -Sept 17 27 -Sept 18 27 -Sept 18 28 -Sept 18 28 -Sept 19 29 -Sept 15 29 -Sept 19 30 -Sept 19 Attendees 17.5 Meeting 9 ON Oct, 2011 Week 1 Week 2 Week 3 Week 4 Meetings Attendee Meetings Attendee Meetings Attendee Meeting Attendees 03 -Oct 17 to -Oct 17 17 -Oct 17 24 -Oct 11 03 -Oct 16 to -Oct 16 17 -Oct 20 24 -Oct 20 04 -Oct 15 11 -Oct 16 18 -Oct 12 24 -Oct 10 04 -Oct 15 11 -Oct 16 18 -Oct 14 25 -Oct 8 05 -Oct 17 12 -Oct 16 18 -Oct 7 25 -Oct 17 05 -Oct 18 12 -Oct 6 19 -Oct 14 26 -Oct 15 06 -Oct 16 13 -Oct 10 19 -Oct 18 26 -Oct 10 06 -Oct 18 13 -Oct 12 20 -Oct 15 27 -Oct 17 07 -Oct 18 13 -Oct 20 20 -Oct 3 27 -Oct 20 14 -Oct 16 21 -Oct 13 28 -Oct 17 Attendees 16.6 Attendees 14.5 Attendees 13.3 Attendees 14.5 Meeting 9 Meeting 10 Meeting 10 Meeting 10 Week 5 Meeting Attendees 31 -Oct 11 31 -Oct 20 Attendees 15.5 Meeting 2 21 November, 2011 Week 1 Week 2 Week 3 Week 4 Meetings Attendee Meetings Attendee Meetings Attendee Meeting Attendees 01 -Nov 18 07 -Nov 13 14 -Nov 17 21 -Nov 15 01 -Nov 7 07 -Nov 20 14 -Nov 15 21 -Nov 15 02 -Nov 19 07 -Nov 20 15 -Nov 18 21 -Nov 13 02 -Nov 9 08 -Nov 16 15 -Nov to 22 -Nov 12 03 -Nov 14 08 -Nov 5 15 -Nov 15 22 -Nov 14 03 -Nov it 08 -Nov 7 15 -Nov 7 22 -Nov 5 03 -Nov 20 09 -Nov 20 16 -Nov 12 22 -Nov 3 04 -Nov 17 09 -Nov 13 16 -Nov 6 23 -Nov 9 10 -Nov 20 17 -Nov 20 23 -Nov 12 10 -Nov 16 17 -Nov to 24 -Nov 12 Attendees 14.3 Attendees 15 Attendees 13 Attendees 11 Meeting 8 Meeting 10 Meeting 10 Meeting 10 Week 5 Meeting Attendees 28 -Nov 12 28 -Nov 15 29 -Nov 16 29 -Nov 9 29 -Nov 5 30 -Nov 11 30 -Nov 6 Attendees 10.5 Meeting 7 22 December, 2011 Week 1 Week 2 Week 3 Week 4 Meetings Attendee Meetings Attendee Meetings Attendee Meeting Attendees 01 -Dec 10 05 -Dec 9 12 -Dec 20 19 -Dec 20 01 -Dec 15 05 -Dec 15 12 -Dec 17 19 -Dec 17 02 -Dec 13 06 -Dec 9 13 -Dec 15 20 -Dec 14 06 -Dec 20 13 -Dec 13 20 -Dec 17 06 -Dec 12 14 -Dec 16 20 -Dec 6 07 -Dec 17 14 -Dec 6 21 -Dec 15 07 -Dec 15 15 -Dec 16 21 -Dec 5 08 -Dec 14 15 -Dec 20 22 -Dec 17 08 -Dec 20 16 -Dec 17 22 -Dec 15 09 -Dec 17 23 -Dec 13 Attendees 12.6 Attendees 14.8 Attendees 15.5 Attendees 13.9 Meeting 3 Meeting 10 Meeting 9 Meeting 10 Week 5 Meeting Attendees 26 -Dec 14 27 -Dec 14 28 -Dec 15 29 -Dec 15 29 -Dec 15 29 -Dec 15 29 -Dec 15 Attendees 15.4 Meeting 7 23 January, 2012 Week 1 Week 2 Week 3 Week 4 Meetings Attendee Meetings Attendee Meetings Attendee Meeting Attendees 02 -Jan 17 09 -Jan 14 16 -Jan 20 23 -Jan 15 03 -Jan 9 09 -Jan 19 16 -Jan 16 23 -Jan 9 03 -Jan 4 09 -Jan 15 17 -Jan 10 24 -Jan 13 03 -Jan 16 10 -Jan 11 17 -Jan I 24 -Jan 9 04 -Jan 12 10 -Jan 8 18 -Jan 8 25 -Jan 12 04 -Jan 12 11 -Jan 10 18 -Jan 16 25 -Jan 10 05 -Jan 12 11 -Jan 11 19 -Jan 16 26 -Jan 13 05 -Jan 17 12 -Jan 7 19 -Jan 18 26 -Jan 18 06 -Jan 5 12 -Jan 6 20 -Jan 14 27 -Jan 15 06 -Jan 17 13 -Jan 17 Attendees 12.1 Attendees 12.1 Attendees 13.2 Attendees 12.6 Meeting 10 Meeting 10 Meeting 9 Meeting 9 Week 5 Meeting Attendees 30 -Jan 9 31 -Jan 17 Attendees 13 Meeting 2 m"r February, 2012 Week I Week 2 Week 3 Week 4 Meetings Attendee Meetings Attendee Meetings Attendee Meeting Attendees 01 -Feb II 06 -Feb 13 13 -Feb 16 20 -Feb 17 01 -Feb 8 06 -Feb 13 13 -Feb 10 20 -Feb 15 02 -Feb 12 07 -Feb 6 14 -Feb 11 21 -Feb 8 02 -Feb 15 07 -Feb 14 14 -Feb 17 21 -Feb 15 03 -Feb 9 08 -Feb 9 15 -Feb 14 22 -Feb 19 03 -Feb 13 09 -Feb 10 15 -Feb 6 22 -Feb 20 09 -Feb 17 16 -Feb 10 23 -Feb 12 10 -Feb 8 16 -Feb 12 23 -Feb 19 10 -Feb 17 16 -Feb 16 24 -Feb 8 10 -Feb 14 17 -Feb 11 Attendees 11.3 Attendees 11.9 Attendees 12.3 Attendees 14.7 Meeting 6 Meeting 10 Meeting 10 Meeting 9 Week 5 Meeting Attendees 27 -Feb 13 27 -Feb 15 27 -Feb 20 28 -Feb 18 28 -Feb 16 29 -Feb 17 29 -Feb 9 Attendees 15.4 Meeting 7 25 March, 2012 Week 1 Week 2 Week 3 Week 4 Meetings Attendee Meetings Attendee Meetings Attendee Meeting Attendees 01 -Mar 16 05 -Mar 17 12 -Mar 14 19 -Mar 13 01 -Mar 19 05 -Mar 16 12 -Mar 12 19 -Mar 17 02 -Mar 12 06 -Mar 14 13 -Mar 14 20 -Mar 18 02 -Mar 18 06 -Mar 18 13 -Mar 14 20 -Mar 20 07 -Mar 17 14 -Mar 5 21 -Mat 17 07 -Mar 15 14 -Mar 14 21 -Mat 18 08 -Mar 13 15 -Mar 13 22 -Mat 12 08 -Mar 20 15 -Mar 17 22 -Mat 18 09 -Mar 17 16 -Mar 15 23 -Mat 12 23 -Mat 20 Attendees 16.2 Attendees 16.3 Attendees 13.1 Attendees t6.5 Meeting 4 Meeting 9 Meeting 9 Meeting 19 Week 5 Meeting Attendees 26 -Mar 12 26 -Mar 16 27 -Mar 13 27 -Mar 1 27 -Mar 16 28 -Mar 18 28 -Mar 16 29 -Mar 12 29 -Mar 20 30 -Mar 16 Attendees 14 Meeting 10 m April, 2012 Week 1 Week 2 Week 3 Week 4 Meetings Attendee Meetings Attendee Meetings Attendee Meeting Attendees 02 -April 15 09 -April 9 16 -April 18 23 -April 17 02 -April 20 09 -April 15 16 -April 20 23 -April 15 03 -April 18 10 -April 11 17 -April 18 24 -April 8 03 -April 8 10 -April 3 17 -April 3 24 -April 20 03 -April 20 I1 -April 17 17 -April 20 24 -April 18 04 -April 20 I1 -April 13 18 -April 18 25 -April 11 04 -April 13 12 -April 11 18 -April 18 25 -April 17 05 -April 15 12 -April 20 19 -April 14 26 -April 15 05 -April 12 13 -April 9 19 -April 20 26 -April 20 06 -April I1 13 -April 19 20 -April 20 27 -April 18 Attendees 15.2 Attendees 11.8 Attendees 16.9 Attendees 15.9 Meeting 10 Meeting 10 Meeting 10 Meeting 10 Week 5 Meeting Attendees 30 -April 20 30 -April 13 Attendees 16.5 Meeting 2 27 May, 2012 Week 1 Week 2 Week 3 Week 4 Meetings Attendee Meetings Attendee Meetings Attendee Meeting Attendees 01 -May 18 07 -May 17 14 -May 20 21 -May 17 01 -May 12 07 -May 20 14 -May 20 22 -May 18 01 -May 16 08 -May 20 15 -May 18 22 -May 6 02 -May 12 08 -May 19 15 -May 20 23 -May 18 02 -May 15 08 -May 17 15 -May 13 23 -May 14 03 -May 15 09 -May 20 16 -May 17 24 -May 20 03 -May 20 09 -May 13 16 -May 20 24 -May 14 04 -May 12 10 -May 17 17 -May 20 24 -May 20 10 -May 20 17 -May 18 25 -May 17 11 -May 16 18 -May 20 25 -May 15 Attendees 15 Attendees 16 Attendees 18.6 Attendees 15.9 Meeting 8 Meeting 10 Meeting 10 Meeting 10 Week 5 Meeting Attendees 28 -May 18 28 -May 15 29 -May 19 29 -May 7 30 -May 19 30 -May 17 31 -May 18 31 -May 7 Attendees 15 Meeting 8 Week 1 Week 2 1 Week 3 Week 4 Meetings Attendee Meetings Attendee Meetings Attendee Meeting Attendees 01 -June 14 04 -June 13 11 -June 15 18 -June 9 01 -June 17 04 -June 19 11 -June 15 18 -June 13 05 -June 19 12 -June 18 19 -June 14 05 -June 7 12 -June 17 19 -June 12 06 -June 15 13 -June 20 20 -June 13 06 -June 19 13 -June 19 20 -June 15 07 -June 13 14 -June 10 21 -June 8 07 -June 14 14 -June 13 21 -June 13 07 -June 9 15 -June 9 22 -June 6 08 -June 16 15 -June 15 Attendees 15.5 Attendees 14.4 Attendees 15.1 Attendees 10.3 Meeting 2 Meeting 10 Meeting 10 Meeting 10 Week 5 Meeting Attendees 25 -June 17 25 -June 16 26 -June 11 26 -June 10 26 -June 16 27 -June 15 27 -June 12 28 -June 11 28 -June 16 29 -June 11 Attendees 13.3 Meeting 10 June, 2012 29 July, 2012 Week 1 Week 2 Week 3 Week 4 Meetings Attendee Meetings Attendee Meetings Attendee Meeting Attendees 02 -July 9 09 -July 8 16 -July 7 23 -July 2 02 -July 14 09 -July 8 16 -July 10 23 -July 9 03 -July 14 10 -July 9 17 -July 12 24 -July 9 03 -July 12 10 -July 8 17 -July 10 24 -July 8 03 -July I 10 -July 9 18 -July 8 24 -July 9 04 -July 15 11 -July 9 18 -July 8 25 -July 9 05 -July 12 11 -July 9 18 -July 20 25 -July 9 05 -July 10 12 -July 12 19 -July 9 26 -July 6 05 -July 13 12 -July 12 19 -July 9 26 -July 9 06 -July 7 13 -July 10 20 -July 3 27 -July 9 Attendees 11.7 Attendees 9.5 Attendees 9.6 Attendees 7.9 Meeting 10 Meeting 10 Meeting 10 Meeting 10 Week 5 Meeting Attendees 30 -July 9 30 -July 9 31 -July 7 31 -July 9 Attendees 8.5 Meeting 4 so August, 2012 Week 1 Week 2 Week 3 Week 4 Meetings Attendee Meetings Attendee Meetings Attendee Meeting Attendees 01 -Aug 9 06 -Aug 5 13 -Aug 8 20 -Aug 10 01 -Aug 8 06 -Aug 7 13 -Aug 8 20 -Aug 13 02 -Aug 6 07 -Aug 7 14 -Aug 8 21 -Aug 12 02 -Aug 10 07 -Aug 16 14 -Aug 9 21 -Aug 14 02 -Aug 8 08 -Aug 10 15 -Aug 10 22 -Aug 10 03 -Aug 13 08 -Aug 9 15 -Aug 10 22 -Aug 17 09 -Aug 7 16 -Aug 14 23 -Aug 10 09 -Aug 10 16 -Aug 16 23 -Aug 14 10 -Aug 7 16 -Aug 13 23 -Aug 12 10 -Aug 9 17 -Aug 12 24 -Aug 9 Attendees 9 Attendees 8.7 Attendees 10.8 Attendees 12.1 Meeting 6 Meeting 10 Meeting t0 Meeting 10 Week 5 Meeting Attendees 27 -Aug 11 27 -Aug 10 28 -Aug 15 28 -Aug 9 29 -Aug 9 29 -Aug 11 30 -Aug 14 30 -Aug 15 31 -Aug 11 31 -Aug 19 Attendees 12.4 Meeting 10 31 S2 Attachment B Zoning Agreement 33 S4 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 Recorded In Official Records, Orange pounty Tom Only, Clork•R000rdor IIIINIdI�llllllllllllRIII�111111IIIgIIIIIIIIIIIIIHIIIIiINO FEE 2009000577878 014pm 10123109 216 28 Al2 31 8.00 6.80 0.00 0.00 0.80 0.60 0.00 0.08 [Exempt from Recordation Fee per Government Code Section 27383 Not Compared with Original ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT S5 Zoning Agreement ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT (Pursuant to Callfornla Government Code § §65864- 65869.5) This Zoning Implementation and Public Benefit Agreement (the 'Zoning Agreement ") is entered Into on September 30. 2009, by and between the CITY OF NEWPORT BEACH, a charter city ( "City') and SOBER LIVING BY THE SEA, INC., a CALIFORNIA CORPORATION, COMPREHENSIVE ADDICTION PROGRAMS, INC., a Delaware Corporation, CRC HEALTH CORPORATION, a Delaware Corporation, CRC HEALTH GROUP, INC., a Delaware Corporation (collectively referred to as "Operator"). City and Operator and Operator's Affiliates as herein defined, are sometimes collectively referred to in the Zoning Agreement as the "Parties" and Individually as a "Party." RECITALS A. The City Council hereby finds this Zoning Agreement is consistent with provisions of California Government Code §65867, and the City of Newport Beach Municipal Code Chapter 15.45 and the City's General Plan. B. On November 20, 2008, City's Planning Commission held a public hearing on this Zoning Agreement, made findings and determinations with respect to this Zoning Agreement, and recommended to the City Council that the City Council approve this Zoning Agreement. C. On January 27, 2009, the City Council also held a public hearing on this. Zoning Agreement and considered the Planning Commission's recommendations and the testimony and information submitted by City staff, Operator and members of the public. On February 10, 2009, pursuant to the applicable state law (California Government Code § §65864. 65869.5) and local law (City of Newport Beach Municipal Code Chapter 15.45), the City Council passed Its Ordinance No. O2 09.4 finding this Zoning Agreement to be consistent with the City of Newport BeacffiGmoral Plan and approving this Zoning Agreement D. This Zoning Agreement allows Sober Living a vested right to: (1) operate 156 beds of recovery facilities within the area they are currently operating, and as more particularly defined In Exhibit D attached (the "Peninsula Zone "); and (11) up to an additional 48 beds outside-of the Peninsula Zone and within zones accommodating multifamily residential uses, In compliance with the terms of this Zoning Agreement. E. This Zoning Agreement also memorializes uses granted to and conditions agreed to by Sober Living on August 25, 2006 regarding Its administrative offices at 2811 Villa Way (Exhibit C attached hereto). AGREEMENT NOW, THEREFORE, City and Operator agree as follows: 1. Definitions . The following terms when used In this Zoning Agreement shall have the meanings set forth below: so Zoning Agreement A. "Affiliate" shall mean a person or entity that is directly or indirectly controlled by Operator. B. "Clly Council" shall mean the governing body of City. C. "Control" (including the terms "controlling," "controlled by," and "under common control with ") shalt mean the possesslon, direct or indirect, of the power to direct or cause.the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. D. "Facility' (or "Facilities ") is a residential unit used or occupied by persons In recovery from alcoholism and or drug abuse. Facilities may be "Licensed Facilities" or "Sober Living Homes," As used in this Agreement, all Facilities constitute "residential care facillty' uses within the context of the City's zoning ordinance. E. "General Plan" shall mean City's 2006 General Plan adopted by the City Council on July 25, 2006, by Resolution No. 2006 -76. The Land Use Plan of the Land Use Element of the General.Plan was approved by City voters in a general election on November 7, 2006. F. "Licensed Facilltles" shall mean alcoholism and drug abuse recovery facilities licensed by the California Department of Alcohol and Drug Programs ( "ADP "). G. "Party' or "Parties° shall mean either City or Operator or any of Operator's Affiliates or both, as determined by the context. H. "Property' is described in Exhibit A and consists of a list of addresses of properties currently operated by Operator as Licensed Facilities and Sober Living Homes in R- 1, R -1 %z , R -2 and multi - family residential ( "MFR ") and certain Specific Plan District zones within City. "Property' Includes the rights to operate all of those properties as well as other properties not presently identifiable which may be utilized by Operator as Facilities hereunder. I. "Sober Living Homes" shall mean alcoholism and drug abuse recovery facilities not licensed by ADP. J. "Term° shall have the meaning ascribed In Section 11 of this Zoning Agreement. 2. Significant Public Benefits. The significant public benefits that this Zoning Agreement provides Include, but are not limited to: A. Settlement and avoidance of costs of a pending lawsuit, including attorneys fees; B. Preservation of the regulatory ordinance which was the subject matter of the lawsuit, C. Requested termination of a related federal administrative proceeding, D. A reduction of and limitation on the size of a residential care operation in the City, Including a limitation on 6 or under Licensed Facilltles, E. Dispersal of Licensed Facilities and Sober Living Homes to reduce the concentration thereof; 2 37 Zoning Agreement F. The placement of operational controls on said facilities to reduce perceived negative Impacts on residential neighborhoods. 3. General Plan Consistency and Zoning Implementation. This Zoning Agreement and the regulations applied herein to the Property ( "Applicable Regulations" hereinafter) will cause City's zoning and other land use regulations for the Property to remain consistent with the General Plan. 4. Warranties and Reoresentations. Both parties represent that they have legal authority to enter Into this Zoning Agreement and the remainder of the agreements and documents that comprise the settlement documents herein, and that the necessary authorizations have been obtained, by resolution or other action, and that the persons whose names appear as signatories below were authorized to accept this Zoning Agreement on behalf of the Party under whose name they signed. A. Each Party specifically represents and warrants that It has the legal authority to enter Into a Zoning Agreement of the type and kind herein, and, B. The City represents and warrants that this Zoning Agreement and Ilia regulations applied to the Property (°The Applicable Regulations ") are: I. Consistent with the General Plan for the City and any Specific Plans that apply to the area In which any portion of the Property Is located, and fl. Consistent with the Local Coastal Land Use Plan ( "CLUP) for the City of Newport Beach and that the CLUP has been approved by the California Coastal Commission, 5. Operation of Property: Applicable Regulalions, Other than as expressly set forth In this Zoning Agreement, during the Term of this Zoning Agreement, the terms and conditions concerning the operation of the Property, including but not limited to the permitted uses and density and Intensity of use and the location of buildings Involved shall be those set forth in the "Applicable Regulations" delineated in Exhibit Band asset forth in Section 6 below, During the term of this Zoning Agreement, City shall not prevent operation of the Properly that is In compliance with the Applicable Regulations and all other applicable laws and regulations specified In Section 9 hereof. 6. Operator's Vested Rights. During the Term of this Zoning Agreement, except to the extent City reserves its discretion as expressly set forth in this Zoning Agreement or In the Applicable Regulations and all other applicable laws and regulations specified in Section 9 hereof, Operator shall have the vested right, within the limits and "constraints of the Applicable Regulations, to conduct its operation of Licensed Facilities and Sober Living Homes on the Properly. The letter from City to Operator dated August 25, 2006 regarding Operator's leased office and meeting facility at 2611 Villa Way ( "Villa Way") is incorporated herein by reference as Exhibit C. City acknowledges that Operator has complied with all conditions set out in Exhibit C except for Paragraph 12 relating to parking, City acknowledges Operator has been exercising due diligence to complete the parking lot which is unfinished due to circumstances beyond Operator's control. Operator agrees to use good faith efforts to get the parking lot at Villa Way completed. In the event meetings are no longer held at Villa Way, the currently permitted non- conforming right to use said property as an office use shall continue until termination of this Zoning Agreement. The Operator's leased property at 505 29'h Street, commonly known as 32 Zoning Agreement "The Victorian; is a legal nonconforming single family residence and shall be treated as a Licensed Facility. In lice event Ordinance No. 2008.5 is repealed by action of the City Council or the electorate or If said Ordinance is declared Invalid or unenforceable by a court of competent Jurisdiction, then the Operator will no longer be bound by the provision of Paragraph 6 of Exhibit B as to the limit of one Licensed Facility or Sober Living Home per block in the event other operators open facilities on the same block. 7. Police Power. In all respects not provided for in this Zoning Agreement, City shall retain full rights to exercise City's police power to regulate the operation of Residential Care Facilities on the Property provided such powers are applied consistently with the provisions of state law and Section C2 of Exhibit B to this Zoning Agreement. 8. No Conflicting Enactments; During the Term of this Zoning Agreement City shall not apply to tine Property any City- adopted ordinance, policy, rule, regulation, or other measure relating to the operation of Facilities on the Property to the extent it conflicts with this Zoning Agreement. 9. Reservations of Au or . Notwithstanding any provisions set forth In this Zoning Agreement to the contrary, the laws, Hues, regulations, and official policies set forth In this Section 9 shall apply to and govern the development and operations of the Property: A. Procedural Regulations. Then current procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure shall apply to the Property, provided that they are adopted and applied City -wide or to all other properties consistent with the provision of Section 02 of Exhibit B. B. Consistent City Regulations. City ordinances, resolutions, regulations, and offtclal policies governing development and building which do not conflict with the Applicable Regulations, or with the provisions of Section C2 of Exhibit B where Operator has consented in writing to the regulations, shall apply to the Properly. C. Public Health and Safely. Any City ordinance, regulation, rule, regulation, program, or official policy, that Is necessary to protect persons on the Property or in the immediate community from conditions dangerous to their health or safety shall apply to the Property, consistent with Section C2 of Exhibit B. 10. No Aeency. Neither Party is acting as the agent of the other Ili any respect, and each Party is an independent contracting entity with respect to the terms, covenants, and conditions contained In this Zoning Agreement. This Zoning Agreement forms no partnership,. Joint venture, or other association of any kind. The only relationship between the Parties is that of a government entity regulating the operation of private property by the owner or lessee of the properly. 11. Effective Date: Term, This Zoning Agreement shall not become effective, and except as set forth in Subsection C of this Section 11, neither party shall have any rights or obligations hereunder, until the "Effective Dale." A, Effective Date of This Zoning Agreement : This Zoning Agreement shall become effective on: 0 39 Zoning Agreement 1. The 91st day following the City Council's passage of the ordinance approving this Zoning Agreement, or Ii. If a referendum or other elective challenge to the ordinance approving this Zoning Agreement qualifles to be placed on the ballot, then on the 31st day after the City Clerk certifies that (tie referendum or other elective challenge has felled to pass, or Iii. If litigation Is Instituted to challenge this Zoning Agreement prior to the Effective Date established In accordance with Section 11 A. 1. and II above, then on the 31st day after the litigation is terminated, the time for appeal has expired, and the legal challenge has been unsuccessful. B. Term. The term of this Zoning Agreement (the "Term ") shall commence on the Effective Date and shall expire at the conclusion of the 25th year thereafter. However In no event shall the term of this Zoning Agreement exceed thirty (30) years after Its execution. C. Stay of. Ordinance 2008.05 Pending Effective Date. Prior to the effective date of the ordinance adopting this Zoning Agreement, or that date upon which It becomes clear that there shall be no Effective Date, whichever Is later, the Operator's use permit process shall be tolled, and the City shall not otherwise enforce the provisions of Ordinance 2008.5. 12. Amendment or Cancellation of Zoning Agreement. Other than modifications of this Zoning Agreement under Section 9C of this Zoning Agreement, this Zoning Agreement may be amended or canceled In whole or in part only by mutual written and executed consent of the Parties in compliance with California Government Code §65868 and City of Newport Beach Municipal Code §15.45.060. 13. Enforcement. Unless amended or canceled as provided In Section 12 of this Zoning Agreement, or modified or suspended pursuant to California Government Code §65869.6, this Zoning Agreement is enforceable by either Party despite any change in any applicable general or specific plan, zoning, subdivision, or building regulation or other applicable ordinance or regulation adopted by City (including by City's electorate) that purports to apply to any or all of the Property, 14. Periodic Review of Compliance. City and Operator shall each comply In good faith with the terms of this Zoning Agreement. The Parties shall review this Zoning Agreement at least once "every 12 months from the Effective Date for good faith compliance with Its terns consistent with California Government Code §65866 and §65866.1 and City of Newport Beach Municipal Code §15.45.070. At the reviews, Operator shall demonstrate Its good faith compliance with this Zoning Agreement and shall document the current status of Its operation. Operator also agrees to furnish evidence of good faith compliance as City may require In the reasonable exercise of its discretion and after reasonable notice to Operator. On or before December 31 and June 30 of each year during the Term of this Zoning Agreement, Sober Living shall submit a Compliance Review Report, whose template Is attached as Exhibit G. The requirement of good faith compliance shall be met upon the submittal to the City of an accurate form showing Information relating to facility locations and bed counts, City shall have the right to audit the accuracy of the form through on -site Inspections of the Facilities at mutually - agreeable limes and during regular business hours. 5 6=0 Zoning Agreement 15. Events of Default. A. Default by Operator. Pursuant to California Government Code §65665.1, if City determines that Operator has not complied in good faith with Operator's obligations pursuant to this Zoning Agreement, City shall by written notice to Operator specify the manner in which Operator has failed to comply and state the steps Operator must take to bring Itself Into compliance. If Operator does not commence compliance within 30 days after receipt of the written notice from City specifying the manner in which Operator has failed to comply, and diligently pursue steps to achieve full compliance, then Operator shall be deemed to be in default under the terms of this Zoning Agreement. City may then seek available remedies as provided in Section 15.0 of this Zoning Agreement. B. Default by City. If City has not complied with any of Its obligations and limitations under this Zoning Agreement, Operator shall by written notice to City specify the manner in which City has failed to comply and state the steps necessary for City to bring Itself Into compliance. if City does not commence compliance within 30 days after receipt of the written notice from Operator specifying the mannsr In which City has failed to comply, and diligently pursue steps to achieve full compliance, then City shall be deemed to be in default under the terms of this Zoning Agreement. Operator may then seek a specific performance or similar equitable remedy as provided in Section 15.0 of this Zoning Agreement C. Specific Performance and Damages Remedies, The Parties acknowledge that remedies at law generally are Inadequate and that specific performance Is appropriate for the enforcement of this Zoning Agreement, The remedy of specific performance or, in the alternative, a writ of mandate, shall be the sole and exclusive remedy available to either Party In the event of the default or alleged default by the other. Prior to exercising such a remedy, the Party seeking to do so shall submlt the matter to nonbinding arbitration through JAMS or another arbitrator mutually acceptable. D. Recovery of Legal Expenses by Prevailing Party in Any Action. In any judlciaj proceeding ( "Action ") between the Parties that seeks to enforce the provisions of this Zoning Agreement, the prevailing Party shall recover all of Its actual and reasonable costs and expenses. These costs and expenses Include expert witness fees, attorneys' fees, and costs of Investigation and preparation before Initiation of the Action. The right to recover these costs and expenses shall accrue upon Initiation of the Action. 16, Coonerallon. Each Party covenants to take all reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Zoning Agreement. 17, Force Maleure. Neither Party shall be deemed to be in default where failure or delay In performance of any of Its obligations under this Zoning Agreement is caused, through no fault of the Party whose performance Is prevented or delayed, by floods; earthquakes, other acts of God, fires, war, rlots or similar hostilities, strikes or other labor difficulties, state or federal regulations, or court actions. 18. Third Party Legal Challenge. If a third party brings a legal action challenging the validity or enforceability of any provision of this Zoning Agreement or the Applicable Regulations or the manner in which the ordinance approving this Zoning Agreement was processed and approved, including the application of the California Environmental Quality Act to that process, ( "Third Party Legal Challenge ") the parties shall defend the Third Party Legal Challenge Jointly, 0 41 Zoning Agreement and each party shall be responsible for Its legal expenses incurred In connection with the Third Party Legal Challenge, 19. Right to Assign. Operator shall have the right to transfer or assign the rights and obligations contained herein in whole to any person, partnership, joint venture, firm, or corporation at any time during the Term of this Zoning Agreement without the consent of City. Upon the effective date of any such transfer or assignment of (lie Properly, the transferor - assignor shall notify City of the name and address of the transferee. Any assignment of this Zoning Agreement must be pursuant to a sale or transfer of Operator's rights in the entirety of the Property. Any sale or transfer of the Property shall Include the assignment and assumption of the rights, duties, and obligations arising from this Zoning Agreement to the transferee with respect to all of the Property. Operator shall no longer be obligated under this Zoning Agreement for the Property if Operator is not In default under this Zoning Agreement at the time of the sale or transfer. 20. Zoning Agreement Binding on Successors and Assigns. The burdens of this Zoning Agreement are binding upon, and the benefits of this Zoning Agreement shall Inure to, all successors in Interest of the Parties to this Zoning Agreement. 21. Estoppel Certificate. At any time, either Party may deliver written notice to the other Party requesting that the Party certify in writing that, to the best of its knowledge: A. This Zoning Agreement Is in full force and effect and Is binding on the Party; B. This Zoning Agreement has not been amended or modified either orally or In writing. If this Zoning Agreement ties been amended, the Party providing the certification shall Identify the amendments; and C, The requesting Party Is not in default in the performance of Its obligations under this Zoning Agreement. if the requesting Party is in default, the other Party must describe the nature of the default. The requesting party shall execute and return the certificate within. sixty (60) days following receipt. Any assignee of a Party's rights and obligations hereunder, as referred to In this Section 21, shall be entitled to rely on the certificate. 22. Further Lotions and Instruments. Each Party shall cooperate with and provide reasonable assistance to the other Party to the extent consistent with and necessary to implement this Zoning Agreement. Upon the request of a Party at any lime, the other Party shall promptly execute, with acknowledgment or affidavit If reasonably required, and file or record the required Instruments and writings and take any actions as may be reasonably necessary to Implement this Zoning Agreement or to evidence or consummate the transactions contemplated by this Zoning Agreement, 23. Notice s. Any notice or demand that shall be required or permitted by law or any provision of this Zoning Agreement shall be In writing. If the notice or demand will be served upon a Party, it either shall be personally delivered to the Party; deposited In the United States mall, certified, return receipt requested, and postage prepaid; or delivered by a reliable courier service that provides a receipt showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows: 42 Zoning Agreement To City: City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663 -3884 Attention: City Manager Fax; 949. 644 -3020 With a copy to: City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92603.3884 To Operator: Sober Living by the Sea, Inc. 2811 Villa Way Newport Beach, California 92663 Attn: Executive Director With a copy to: CRC Wealth Group, Inc. 2400 Stevens Creek Boulevard, Suite 600 Cupertino, California 95014 Attn: General Counsel Fax: 415 -358 -8444 Either Party may change the address stated in this Section 23 by notice to the other Party in the manner provided In this Section 23, and notices shall be addressed and submitted to the new address. Notice shall be deemed to be delivered upon the earlier of: (a) the date received; or (b) three business days after deposit In the mall as provided above. 24. Rules of Construction and Miscellaneous Terms. A. Rules of Construction. The singular Includes the plural; the masculine and neuter Include the feminine; "shall" is mandatory; "may' is permissive. B. Time is of the Essence. Time is of the essence regarding each provision of this Zoning Agreement in which time Is an element. C. Waiver. Failure by a Party to Insist upon the strict performance of any of the provislons of this Zoning Agreement by the other Party, and failure by a Party to exercise Its rights upon a default by the other Party, shall not constitute a waiver of that Party's right to demand strict compliance by the other Party in the future. D. Counterparts. This .Zoning Agreement may be executed In two or more counterparts, each of which shall be Identical and may be Introduced In evidence or used for any other purpose without any other counterpart, but all of which shall together constitute one and the same Zoning Agreement. E. Entire Agreement, Except for the Settlement Agreement, this Zoning Agreement constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter addressed In this Zoning Agreement, 0 43 Zoning Agreement F. Construction. This Zoning Agreement has been drafted after extensive negotiation and revision. Both City and Operator are sophisticated parties who were represented by independent counsel throughout the negotiations. City and Operator each agree and acknowledge that the terms of this Zoning Agreement are fair anti reasonable, taking Into account their respective purposes, terms, and oondltlons. This Zoning Agreement shall therefore be construed as a whole conststent with Its fair meaning, and no principle or presumption of contract construction or Interpretation shall be used to construe the whole or any part of this Zoning Agreement in favor of or against either party. G. No Third Party Beneficiaries. The only parties to this Zoning Agreement are City and Operator. This Zoning Agreement does not involve any third party beneficiaries, and It is not Intended and shall not be construed to benefit or be enforceable by any other person or entity, H. Applicable Law and Venue. This Zoning Agreement shall be construed and enforced consistent with the Internal laws of the State of California. Any action arising under this Zoning Agreement or brought by any Party for the purpose of enforcing, construing, or determining the validity of any provision of this Zoning Agreement shall be filed and tried in the Superior Court of the County of Orange. State of California, or the United States District Court for the Central District of California, The Parties waive all provisions of law providing for the removal or change of venue to any other court. I. Section Headings. All section headings and subheadings are Inserted for convenience only and shall not affect construction or interpretation of this Zoning Agreement. J. Authority to Execute. The persons executing this Zoning Agreement warrant and represent that they have the authority to execute this Zoning Agreement on behalf of the entity for which they are executing this Zoning Agreement. They further warrant and represent that they have the authority to bind their respective Party to the performance of Its obligations under this Zoning Agreement. CITY: CITY C By: Title: MAYOR OF NEWPORT BEACH OPERATOR: SOBER LIYMQ BY THE SEA, INC. r By: Kevin Hoggo Title: CHIEF FINANCIAL OFFICER ea' Zoning Agreement By: Pamela Burke Title: VICE PRESIDENT /SECRETARY OPERATOR: COMPREE7.�SIVE ADDICTIONS PROGRAMS, INC. fy: Kevin Hogge Title: CHIEF, �FINANCIAALLOFFI�KCjER By: �(,LQ1 Pamela Burke Title: VICE PRESIDENT /SECRETARY OPERATOR: CRC HE CORPORATION By: Kevin Hogg Title: CHIEF FINANCIAL OFFICER By: cn/tii e-` Pamela Burke Title: VICE PRESIDENT /SECRETARY OPERATOR: CRC HEA GROUP, INC. By: Kevin Hogge Title: CHIEF FINANCIAL OFFICER By: � &L L P ela Burke Title: VICE PRESIDENT /SECRETARY 10 45 Zoning Agroeman( APPROVED AS TO FORM: By; LDavId Title: CITY ATTORNEY, CITY OF NEWPORT BEACH ATTEST: 0 Title: Lellanl Brown CITY CLERK, CITY OF NEW 11 i1M Zoning Agreement Exhibit A List of SLBTS Facilities . 208 Via Lido Soud' `: ADP Licensed 100 Via Antibes ADP Licensed 102 ViaAnfibes :`. ADP Licensed 505 29th Street ADP Licensed 116 A .B 34th Street, Sober LivingX; 307 1/2 34th Street Sober Living X 309 1/2. 34th Street 80ber.Llvin X 125 +1/2 39th Street ADP Licensed X 112 A &: B 40th Street Sober Living 118 A & B 45th Street Sober Living X 122 A &:B- 45th Street . : ADP: Licensed 5004 A & B Neptune Sober Livin 510.1 A & B'. River ADP Licensed, 3960 -80 Seashore ADP Licensed •4500 104 Seashore ADP Licensed 4711 Seashore ADP Licensed ..4800 Seashore ADPiicensed X1 4816 Seashore. Sober Living 6111 JS6ashore 1ADP Licensed 6110 JW Oceanfront IAOP Licensed " ".X "= Closed. or closin I May not be closed If 4816 Seashore is closed 47 Zoning Agreomont Exhibit B Applicable Regulations A. Number and Location of Facilities. Number and location of facilities which may be utilized as Licensed Facilities or Sober Living Homes. 1. On and after the Effective Date of the ordinance adopting this Zoning Agreement, there shall be no more than 204 beds occupied in the City at any time by persons who are patients, clients or customers of Sober Living, whether contained within Licensed Facilities or Sober Living Homes. More than one such facility may be operated in a single building, 2. On and after the effective date of the ordinance adopting this Agreement, there shall be no more than 16& beds occupied In total in those parts of the City referred to as the Peninsula, Lido Isle, West Newport and Newport Shores (the "Peninsula Zone ") as depleted in Exhibit D at any time by persons who are patients, clients or customers of Sober Living, whether contained within Residential Care Facilities, General, Residential Care Facilities, Small Licensed or Residential Care Facilities, Small Unlicensed as defined in §20.05.030 of the Newport Beach Municipal Code. 3. On and after the effective date of the ordinance adopting this Agreement, there shall be no more than 12 beds (12 of the 156 described in Section A2 above) occupied Lido Isle at any time by persons who are patients, clients or customers of Sober Living, whether contained within Residential Care Facilities, General, Residential Care Facilities, Small Licensed or Residential Care Facilities, Small Unlicensed as defined In §20,03.030 of the Newport Beach Municipal Code. 4. On and after the effective date of the ordinance adopting this Agreement, all beds in the City In addition to those provided for In Sections A,2. and A.3. of this Exhibit B occupied at any time by persons who are patients, clients or customers of Sober Living, whether contained within Residential Cate Facilities, General, Residential Care Facilities, Small Licensed or Residential Care Facilities, Small Unlicensed as defined in §20.0$.030 of the Newport Beach Municipal Code shall be located only In zones accommodating multi- family residential uses outside of the Peninsula Zone. Sober Living shall provide the City with the address of any new Facility resulting from placing beds per this section within thirty (30) days of establishing the Facility. 5. On and after the Effective Dale of the ordinance adopting this Agreement, Sober Living shall locate all of Its newly established facilities utilized as Licensed Facilities or Sober Living Homes so that only one building shall contain such facilities, whether operated by Sober Living or any other person or entity, Is located either on a block in the City or across a bordering street. To facilitate transfers of properties to attain or maintain this "one building per block' standard, Sober Living may, for not more than 120 days, hold leases for two properties on one block if the properties are Involved in a Facility transfer. For purposes of this Agreement, a block is an area bounded by four streets (not alleys). 6. Except as provided in Section A,7. below, within thirty (30) months of the Effective Date of the ordinance adopting this Agreement, Sober Living shall relocate Its presently operating facilities as necessary to comply with the criterion set forth in Section A.S. above as to Its presently operating Licensed Facilities and Sober Living Homes. All such relocations must be to sltes which have no other Facility, whether operated by Sober Living or 42 Zoning Agreement any other person or entity, either on the block to which the facility is relocated or across a bordering street. 7. Notwithstanding the provisions of Section A.5 above, Sober Living may continue to operate Facilities at the following addresses during the term of this Agreement: • 112 40th Street and 3960 -3980 Seashore (on the same block); • 122 45th Street and 4500 -4504 Seashore(across a bordering street); 0 6110 Oceanfront and 6111 Ocean Front (across a bordering streettailsy); and Y 4711 Seashore and either 4800 Seashore or 4816 Seashore (across a bordering street and down a block). 8. Sober Living shall not establish any Facility pursuant to Section 4 of this Exhibit B unless and. until Sober Living has fully and timely compiled with the relocation requirements set forth in Section 6 of this Exhibit B. 9. Sober Living shall not establish or operate a Facility on a parcel of properly which has a lot line located within 1,000 feet of any NMUSD elementary school or the large commercial State - licensed day care facility listed on Exhibit E. 10. Sober Living shall not establish or operate a Facility at any location which is adjacent to the 36th Street Tot Lot or the Marina Park Tot Lot so long as those tot lots are so utilized. B. Operational Regulations. During the term hereof, Sober Living shall comply with all of the following operational criteria: 1. Sober. Living shall not provide any services to or house any parolee or parolees from the California Department of Corrections or its equivalent In any other State or the Federal Bureau of Prisons In any of Its Facilities located In the City. 2. Any and all medical waste generated through the operation of a Sober Living Homes or Licensed Facility shall be disposed of in accordance with all laws and best Industry standards and practices. 3. Sober Living shall comply with City code provisions pertaining to trash enclosures at all of its Sober Living Homes or Licensed Facilities. 4. Smoking and Tobacco Products. (a) Sober Living shall make good faith efforts to prevent second hand smoke from leaving any of Its Facilities In a manner that significantly affects occupants of neighboring residents in the use and enjoyment of their properties. These efforts may Include, but are not limited to: • The designation of a smoking area at each site, with a device to mitigate or disperse secondhand smoke; • An active smoking cessation program made available to all clients; 4_9 Zoning Agreement (b) Apply a policy directing clients or residents to avoid littering cigarette butts on the ground, floor, deck, sidewalk, gutter, or street. (o) Apply a policy reminding clients not to use tobacco on beaches, boardwalks, and piers consistent with City prohibitions against smoking in those areas. S. Sober Living shall comply with all City code provisions requiring off street parking in residential zones. 6. Sober Living shall establish, provide public notice of and continuously operate a 24 hour per day hotline for receiving Inquiries and /or complaints in reference to Its operation of Its Facilities In the City. 7. Sober Living shall apply the following Quiet Hours to Its patients, clients and customers occupying beds in all Facilities which Sober Living operates In the City. During these Quiet Hours, all residents will be Inside except during emergencies: • Sunday through Thursday- 10 pm to 7 am; • Friday through Saturday -11 pm to 7 am. 8. Sober Living shall use good faith efforts to Implement the Route Plans for transport of Its staff, residents, clients and customers which Sober Living submitted to the City as part of Its applications for Use Permits on file with City's staff as of July, 2008, A true and correct copy of those Route Plans are attached as Exhibit F. Short-term Interruptions, such as medical emergencies or street maintenance which are beyond Sober Living's control, are allowable modifications to the Route Plans, 9. Sober Living shall accept deliveries of goods and services to the Residential Care Facilities which it operates in the City only during customary times for such deliveries of goods and services to occur in residential areas of the City and In accordance with any City regulation adopted which controls times for such deliveries on a citywide basis applicable to all residential properties. 10. Sober Living shall participate in the activities of any stakeholder committee or group established by the City to address complaints and concerns of residents of the City regarding the operation of Residential Care Facilities in the City. 11, Sober Living shall maintain Its present policy not to allow more than two (2) clients per bedroom in the facilities unless the size of the structure warrants a larger occupancy for any single bedroom. C. General Constraints on Regulation. 1. Most Favored Nation. If the City enters Into an agreement with any operator of a Sober Living Home or Licensed Facility In the City which, includes one or more of the below three provisions and provides a materially more favorable regulatory treatment to that operator than is afforded to Sober Living hereunder, the more favorable regulatory provision or provisions shall then apply to Sober Living and shall be deemed to supersede any conflicting provision or provisions contained In this Zoning Agreement. Approvals within the Group Residential Uses 50 Zoning Agreement Ordinance's Use Permit process do not constitute agreements for the purposes of this paragraph. The three provisions are: (a) An allowance of a percentage Increase greater in bed counts greater than 30% above the number operated by the Operator at the time of the agreement; (b) Dispersion (I.e. one building per block and no facilities on streets facing each other) more concentrated than for SLBTS under the terms of this Agreement; and (o) Distancing from public elementary schools and large licensed day care that Is less than for SLBTS under the terms of this Agreement. 2, The City shall respect and adhere to the exemption In California Health and Safety Code §11834.23 that directs that the City apply the same building, fire, and other related codes to Facilities with six or fewer clients as it does for any single - family residential property provided that: (a) The exemption Is not repealed or otherwise invalidated by an appellate court decision; (b) The exemption Is being applied to a single family dwelling unit (including condominiums) or a duplex; (c) SLBTS does not place non - ambulatory residents in their facilities; and (d) SLBTS does not accept referrals or placements within a SLBTS home for protective social care and supervision services by any governmental agency. 3. This Agreement, and, more specifically, these Applicable Regulations obviate the need for and shall supersede the processing or Issuance of any Use Permit or Use Permits concerning Sober Living's operations in the City. 151 Zoning Agreement Exhibit C 2811 Villa Way Letter CITY OF NEWPORT BEACH T PLANNING DEPARTMIONT �CrpoftN�t• Pahicia L. Temple, Director August 25, 2006 Bill Swiney Sober Living by the Sea 2811 Villa Way Newport Beach, California 92663 RE: Sober Living by the Sea — 2809, 2811, 2813 Villa Way, Newport Beach I am in receipt of your correspondence dated July 21, 2008. In your correspondence, you discuss a proposal whereby Sober Living by the Sea ("Sober Living") would modify Its use of the property located at 2809 -2813 Villa Way ( "Sober Living Facility") so that It is no longer designated as a social club, as defined by Newport Beach Municipal Code Section 20.05.040. 1 have carefully reviewed your proposal and have determined that Sober Living would not be designated as a social club if it was operated in the following manner: 1. The "large conference room," designated on the floor plans submitted on August 4, 2006 ( "Plans'), must be reduced so that the maximum occupancy for this room is approximately 20 persons. Two cubicle type offices, the design of which will need to be approved by the Planning Director In writing, will need to be constructed in the large conference room. 2. The "small conference room," designates( on the Plans, must be reduced so that the maximum occupancy for this room is approximately 20 persons. A wall will need to be constructed across the back of the small conference room, as Indicated on the marked up Plans which are attached hereto. The construction of the wall must comply with all laws and regulations including, but not limited to, the Building Code. 3. A revised set of plans showing the wail in the small conference room and the uses for each area of the property will need to be submitted to and approved in writing by the Planning Director. Aker approval of the Plans, Sober Living'must use each of the areas for the designated use and obtain the Planning Director's approval in writing prior to any change in use. 4. The area designated as the "covered patio," and other outdoor areas, designated on the Plans may not be used by Sober Living clients except as provided hereafter. Clients attending meetings scheduled at the Sober Living Facility may assemble In the covered patlo area, or other outdoor areas, 10 minutes prior to a meeting and 10 minutes after a meeting. Between the hours of 7:00 a.m. and. 8:30 a,m., clients that attend meetings scheduled at the Sober Living facility, may be transported by van to any other location provided that they do not assemble In the covered patio area, or other 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, Caitfornia 92658 -8915 Telephone: (949) 644.3200 • Tax: (949) 644 -3229 • www,elty.newport- beach.came 52 outdoor area, for more than 10 minutes after a meeting ( "Clients Transported by Van'), Between the hours of 1:00 p.m, and 3:00 p.m., clients that Clients Transported by Van may be dropped back off at the Sober Living Facility {provided that they: (a) do not arrive at the Sober Living Facility more than 10 minutes before their next scheduled meeting; or (b) that they disperse within 10 minutes after being dropped off at the Sober Living .....Facility.. . 6. An average of 10 meetings per week may be held at the Sober Living Facility, However, no more than 12 meetings may be held In any one week and no more than 20 people may attend any meeting, Up to two meetings may be held concurrently. The basis for determining the average number of meetings will be based on a 4 week period. On an ongoing basis, Sober Living will maintain records for the past 12 month period that document the number of meetings held per week and the number of persons In attendance. These records will be verified by a representative of Sober Living and will be made available to the Planning Director upon request. 6. No client enrolled in any of the Sober Living programs that meet at the Sober Living Facility will be allowed to operate a motor vehicle. 7. All large meetings, In excess of 20 persons, will be held at some other location (any other locations used in the City shall be approved for large assembly use). 8. The hours of operation for conducting meetings and picking up prescriptions at the Sober Living Facility will be from 6:30 a.m. to 8:30 p.m. Clients picking up or consuming prescription medicine at the Sober Living Facility will be required to leave the Sober Living Facility within 10 minutes after they have picked up or consumed their medication. 9. Any nurse at the Sober Living Facility shall only be on site Monday through Friday from"7:00 am to 5:00 pm and on Saturday from 8:00 am to noon, There shall be no nurse at the Sober Living Facility on Sundays. 10. Two staff employees shall be allowed to remain at the Sober Living Facility until 11 :00 pm, 7 days a week to receive calls. 11. Except as provided herein, clients will not be allowed to assemble at the Sober Living Facility for the purpose of being transported to any other location. 12. Sober Living will provide and maintain 13 off -site parking spaces at the lot directly across the street from the Sober Living Facility and will park vehicles associated with the Sober Living Facility at the lot rather than on City streets or public parking lots. For instance, Sober Living currently uses six vans, These vans would be parked on the lot rather than on City streets in the surrounding nelghborhood or the City parking lot. 13. Sober Living will direct clients and ensure that clients riding bikes to the Sober Living Facility access the facility by a route approved by the Planning Director In writing. 14. Sober living will provide trash and cigarette disposal containers and inform their clients that they are not to dispose of litter on City streets or adjoining properties. 153 In summary, If Sober Living operated In conformance with the foregoing conditions, It would be my determination that Sober Living would not be defined as "social club ". However, please be advised that It is my opinion that any deviation from the foregoing conditions or any additional assembly at the Sober Living Facility would change the ---category of use:. . Please contact me at your earliest convenience so we can discuss a timeline for Sober Living to Implement the foregoing changes, Simply put, I cannot make a determination that Sober Living is operating in conformance with the Municipal Code until the above - referenced changes have been made. Further, as a condition to making my determination that a use permit is no longer required, Sober Living will need to withdraw its appeal without prejudice. I appreciate your continuing assistance in this matter. Very truly yours, U Patricia L. Temple, Planning Director for the City of Newport Beach cc: Aaron C, Harp, Assistant City Attorney Dennis O'Neil, Esq, Enclosure: Modified Plans 54 a WOR P q8 1106" Avyvaw All 0E" JPIIAII.27tI ON gS I,yam IM )7A FFFI -Ak- Ituntl 11V" f 1, Exhibit D Depiction and Description of `Peninsula Zone" Depiction of Peninsula Zane: The lands within the yellow boundary as shown below. Marinm Zoning Agreement Description of Peninsula Zone: Starting at the mouth of the Santa Ana River: • The land area southerly of the Newport and Seminouk Sloughs known as Newport Shores, and • The land coastward of Pacific Coast Highway to Newport Boulevard known as Balboa Coves, West Newport Beach, Lido Sands, and Newport Island; and • The land southerly of a line extending along the Federal Navigational Channel between Newport Boulevard and the Newport Harbor Jelly, known as the Balboa Peninsula, Lido Peninsula, Lido Isle, Bay Island, and Cannery Village; and • Southward on Newport Boulevard about 60 feet to Lower Newport Bay; and • All lands southerly of Lower Newport Bay between Newport Boulevard down the Federal Navigational Channel within the Lower Bay, Inclusive of Lido Isle and Bay Island and Inclusive of the Balboa Peninsula. 50 Zoning Agreement Exhibit E Specific Large DSS•Llcensed Day Care Facllifles -- Peninsula Zone Facility No: 300600193 Capacity: 0044 CHRIST CHURCH BY THE SEA CHILDREN'S CENTER 1400 WEST BALBOA BOULEVARD NEWPORT BEACH, CA 57 ZonIng Agreement Exhibit F Route Plans In the attached Route Plans, the red arrow designates arrival route, the blue arrow designates departure route. The star designates the facility location. 10100 _,. 152 Zoning Agreement 116 30' Street, A & B The primary route of travel between Sober Living by the Sea's administrative offices In Cannery Village (2811 Villa Way) and these residential dwelling units Is 32 11d Street, Balboa Boulevard, 341" Street, and Seashore Drive. M/ 0 505 290i Street Jam' g, O 84� —LS.o �.�m a�iT' p�8T 8T rh ra.&, &6 30TH urrr . � L92 " J00- ;T I I i9'I•I 11 0 o A a I I Q �-2 � M , Toning Agreement 1( Rn :• �ti The primary route of travel between Sober Living by the Sea's administrative offices in Cannery Village (2811 Villa Way) and these residential dwelling units is Lafayette, 291" Street, and Villa Way. 01 Zoning Agreement 112 4d" Street, Units A and B 3960 -3980 Seashore Drive The primary route of travel between Sober Living by the Sea's administrative offices In Cannery Village (2811 Villa Way) and these residential dwelling units is along Balboa Boulevard, Seashore, and 32 °d Street. 02 Zoning Agreement 5101 River 5004 Neptune, A & B The primary route of travel between Sober Living by the Sea's administrative offices in Cannery Village (2811 Villa Way) and these residential dwelling units Is along Balboa Boulevard, River Avenue, 50`n Street, Neptune, and 5181 Street. 04 6111 Seashore 6110 West Ocean Front v h9 Zoning Agreoment "re �i. �J bRTp�q The primary route of travel. between Sober Living by the Sea's administrative offices in Cannery Village (2811 Villa Way) and these residential dwelliv units Is.along Newport Boulevard, Coast Highway, Prospect, Ocean Front Alley W, 62 Street, and Seashore. 05 Exhibit Q Compliance Report Template (Pate Report 5ubmitted) This form covers the period of (month, day) through (month, day), 20—. During the above period, Sober Living by the Sea "managed or controlled the following facilllles In Newport Beach: 00 Attachment C October 11, 2011, City Council Minutes 07 02 19. ANNUAL REVIEW OF THE ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR SOBER LIVING BY THE SEA, INC. (SLBTS) (PA2010 -150). [681100 -20111 Staff Report Associate Planner Brown provided a PowerPoint presentation addressing the SLBTS Villa Way Facility, the proposed parking lot, previous actions by Council, unwillingness of the parking lot property owner to meet with SLBTS to resolve issues related to environmental cleanup at the site, and inability of SLBTS to obtain authorization to complete construction. She reported that SLBTS subsequently informed staff that they had reached an agreement to lease 13 parking spaces on an alternative lot on a month -to -month basis for an unlimited time. She discussed the location of the alternative lot and the possibility of identifying other off -site parking arrangements or opportunities for use by SLBTS on a more permanent, long -term basis. She added that in the meantime, the alternative lot meets the intent of the zoning agreement. She stated that she reviewed the terms of the agreement, inspections by Code Enforcement, complaints received, and actions by SLBTS to address the complaints, and reported the next review will occur in July, 2012. Discussion ensued relative to the July annual review, use of the parking lot by others, and exclusive use of spaces by SLBTS. Mayor Henn opened the public hearing. Richard Terzian, counsel for Sober Living by the Sea, expressed support for staff's report and recommendations. In response to Mayor Henn's question, he indicated that he will make sure that SLBTS has exclusive rights to the parking spaces. Hearing no further testimony, Mayor Henn closed the public hearing. Motion by Mayor Pro Tem Gardner, seconded by Council Member Rosansky to a) find that SLBTS has demonstrated good faith compliance with the terms of the Zoning Agreement; and b) receive and file documents submitted by SLBTS to demonstrate good faith compliance with the terms of the Zoning Agreement. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tom Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 3 0 :FD Attachment D Zoning Administration Protocol Memorandum dated October 29, 2010 71- 72 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY DATE: October 29, 2010 TO: Janet Brown, Associate Planner Matt Cosylion, Senior Code Enforcement Officer FROM: Office of the City Attorney David R. Hunt, City Attorney MATTER: Group Homes: Code Enforcement; A09 -00417 SUBJECT: Zoning Administration Protocol This memorandum sets forth the standard protocol and procedures for administering the City's zoning agreements with alcohol and drug abuse recovery and treatment facility operators ("Drug and Alcohol Recovery Facility operators "), This protocol will be provided to Drug and Alcohol Recovery Facility operators that have entered zoning agreements with the City, for their information. DRUG AND ALCOHOL RECOVERY FACILITIES ZONING AGREEMENT ADMINISTRATION PROTOCOL The following protocol reflects the City's compliance review, as set forth under the City's Zoning Agreements with Sober Living by the Sea ( "SLBTS "), Morningside Recovery ( "Morningside "), and any other Drug and Alcohol Recovery Facility operator with which such an agreement may be entered (collectively "Operators "). 1.0 Inspection Protocol 1.1 Operators shall submit to the City's Code Enforcement Division ( "CED ") the Compliance Review Report ( "Report") shown as an exhibit to Operator's Zoning Agreement, at the times required under Operator's Zoning Agreement. At the same time, Operators shall also submit the name, phone number, and e-mail of its staff member(s) designated to join any inspection ("Operator Staff Member"). 1.2 On a quarterly basis, CED shall submit the list of each Operator's facilities to the Police Department for verification that each Operator is in compliance with the terms of Operator's Zoning Agreement that relate to parolees and probationers, and the prohibition on Parolee- Probationer Homes as defined by Newport Beach Municipal Code Section 20.05.030. 1.3 On a quarterly basis, CED shall select up to four (4) facilities on the list to verify the client count and client bed count through an onsite Inspection during a weekday. 73 Zoning Agreement Administration Protocol October 29, 2010 Page: 2 1.4 CED shall notify the Operator Staff Member by e-mail and telephone of the time of the inspection and which facilities will be inspected. Such notification will occur a reasonable amount of time prior to the inspection, generally four (4) but not less than two (2) hours prior to inspection. 1.5 While inspecting each facility, CED staff shall not obtain client names nor take photos of clients and shall be respectful at all times of client privacy. CED staff shall count clients and /or client beds and verify that the client and /or client bed count at each facility does not exceed those on the reports submitted by Operator. 1.6 If, during a facility inspection, CED observes beds (assembled or unassembled) in excess of the number of client and staff beds reported by Operator, CED shall request, and Operator shall provide, an explanation of the presence of such additional beds, 1.7 An inspection report shall be made for each facility. 1.8 All inspection reports and Reports submitted by Operator to CED shall be submitted to the Planning Department for Inclusion in the City's annual review of Operator compliance with the Zoning Agreement, 2.0 Compliance Review Protocol 2.1 The Effective Date of the Zoning Agreement and Settlement Agreement between the City and SLBTS shall be May 12, 2009. The Effective Date of the Zoning Agreement between the City and Morningside shall be December 28, 2010, The Effective Date for any other Operator with which the City may enter such an agreement, shall be as defined in the Operator's Zoning Agreement. 2.2 Annual Review of SLBTS' compliance with the Zoning Agreement shall be held, to the greatest extent possible, at the second City Council meeting in July of each year. 2.3 For public notice purposes, the properties that must be posted prior to the public hearing shall Include only those operated by Operator at the time of the Compliance Review hearing. 2.4 To prevent inadvertent dissemination of confidential business information of Operators, including the number of beds actually occupied by persons who are patients, clients or customers of Operators during City Inspections, and to provide a convenient shorthand reference to housing for persons who are patients, clients or customers of Operators, the City shall refer to patients, clients and customers of Operators as "clients," and to beds occupied or potentially occupied by clients at Operators' residential facilities as "client beds." 2.5 The terms of each Zoning Agreement, (including, In the case of SLBTS, the terms of the August 25, 2006 Determination Letter from the Planning Director to SLBTS), shall be reviewed by staff prior to annual Compliance Review, and good faith compliance with the terms of the Zoning Agreement shall be noted in staff reports and exhibits where staff believes such good faith compliance has been demonstrated. Operator is encouraged to provide any written documentation or statement demonstrating its good faith best efforts at compliance for City Council review prior to the annual Compliance Review. ,� Zoning Agreement Administration Protocol October 29, 2010 Page: 3 2.6 When there is a difference between the procedures established in this Protocol and the language of a specific agreement, the agreement shall control. Waiver by the Operator, in any given year, of a right or procedure contained in the Operator's Zoning Agreement shall not constitute a permanent waiver of such right or procedure. 3.0 Facility Relocation City staff is responsible for administering more than one Zoning Agreement with Drug and Alcohol Recovery Facility operators, and Is also responsible for advising residential care facility operators who may apply for use permits and reasonable accommodations in the proximity of other such uses. In order to perform these functions, staff must be aware of the location of such facilities. For this reason, and to provide Operator with assurance that any new facility location they are considering is not located in the same block as any other residential care facility, Operator shall notify the City of planned relocations, and planned facility closures prior to relocating or opening any new facility. Operator shall make best efforts to notify the City of facility closures as close to the date of closure as possible. CONCLUSION This protocol shall be executed In a fair and reasonable manner calculated to preserve the residential neighborhoods in which Drug and Alcohol Recovery Facilities are located and to protect the rights of the disabled to obtain housing and recovery facilities within the community. O Cc: David Kiff, City Manager Jim Campbell, Planning Director fA09-004171• A & MC from DRH re ZAAdmin Protocol 715 70 Attachment E Villa Way Facility Matrix 77 72 79 Zoning Agreement with Sober Living by the Sea - 2811 Villa Way - 2012 Compliance Report Urge comerence =in size rebwM m e Final Cry spurred 2 s G9 1,r— ka Tw eMa. handles mushroomed wXMn Inp mn%me m Nan rang rawasher my R approve design In -Grog peal any a ame'd l/5 1rd In mmPllance Small mrr/ere redu¢tl 10 a Final did, oval 5 Inc m liar Wal l must be COC wmpli nt;r Iev Xb plans subm l pre A wall mnrtlu [Ietl arzmszbcM Of smallmMereswe mom mveah plannin Directarinwriti FInaI ClN avprwal l /s /W In compiler. 3010 Annual Compliance Complaint sabmi during 9/33/11 Cnverea patln antleMer nuMpar arm lssed by 510T5 UIOrR anNu See l th rough S hear. PeNew 13 /9 /l; in drmpo.... Cry C^untll MettiK m foutl voices .0 In Alki I., from Punning Les. aher.0. 3010, and ping tang playing by[llents. n SLBTS advised ofwin Ialnt O[ saff. To addr ess this issue, SLBTS has removed the In o table. May mn® pin outdo.. mom ma than 10 minutes hade Lnotmor arm- daunt congregation before meetings In mmpllan=e CI staff M1as re= eivetl assuran ¢.Fein SLOtt[haa sL0i5 dents tlo hot mn a ado moreMan lO minutes a tttln or om May mng¢yte ouldoorsnom0¢ther to minutes after 1. ou[tloo .areas -Uient mngregatmn after meedKS _ ange In mmpllanre ate on atio more Ity staff has raeiard assuran¢, fmm furs that SLOis diems as rot con re a than 30 minutes aher merit 3. outdoor draw- clear congregation before mommg Varsport 7W AM &30 AM, Uknts may congregate no more than It from .1. Wa hadfit, mmos, locations ininams .tier a maketund Incompliance 04 gaff happened and re[Nved amratrres from gain that SLATS Is In compliance with this requirement. 4.Oum .... ... III ... oreiuman aher afiemoonmaowmart to I WPM -300 PM, aienr may congregate no mete than W NI In Way feature, fimm other spurt.... r......... el[M1er a meeting or disperded man, hli, I^ mmpl'wn¢ rk denied, parted and received aearan¢s Fom SLBTS that Oars is l n chmlicence with all grans munknreu S. NO [I lam congregat an al htllXylor 2nipoRatl Dn, ex[e %as tabi o.. and In i13 and 4, Immediately ke above staffre ,yead ana received assumnces from SOON may, Snanran mm Ilan¢ with all .ram o ulrements� Clkrrt maetire..1 Amp, germlaa, with rcrte — a— numberd BemNSSU bmirtetl9 13 -13, SIHi56egan keep: ng req uirM a[Ientla me logy again In Summer E010, gemras su bmXtetl by 5L0ii lnr 5elpaember EOlE antlkMe 10 Ulen[meenngs mead, and anendees el[hrougF S, halo. reviewed b spH9 1412 In comPllance er wren. AemrN SU dmltted 3l }13, 1. No more than 10 meetings per week, on avenge Awyearded over a week period .vH93411 mmmpllana Inenernals, 30 meetln sw¢ek yespappoi 9or less .. bmiuln, Y14.1z. E. N. more men 1E me,dr m in any single weak No ore manxmeeWgz M1ela =onmrrenNy a[u@ n5etl1 aH9 -te -11 1 ^ =ompliance remarks ] Fywa,k, ova.iarrod 9 o less 0meea mNe to bmittetl 913 -11, 3. NO more man 30 atend .... t any meeting held Cesera nN amore Nran3meetinR sat si4 r ..ddb af19�1411 In mmplla nee .-.,do show m-be. altemosso —dr, —al 3 -30 111eMs ..Retinas maintained mshow number of meetings held and makers malntaned lE maned, vehlfa by SLBTS employee, Red. ssu bm.,,a 313 -13, In mmplla.¢. Records being .mays present Impeam by CM upon r .... st reN.w.a hnhaH 91 Mahed mauled in Annulment A. Slett maintained amend.... lady for E911.201z,m lath man,mment A. netl Lan1,1. 5.Meetmgsw/ more than a Permm nerd manothenoanon In CmmNlNOe mmmakince Meaning frold, in Cray Mmoe i19m 5c 1o=sbnln EWE/or lar emeeCrn ra handsome, Nn tlient rtlndlK k9lh WaY manMp albxetlm npmtedmdnr veM[k Incompliance a C Nffre a Nea and re¢ivetl asuran¢zfmm 5LO1S that SLOB,, In =.m (mote With tFi[re u r mmenC See t -3 be low Ford" boom Handed 1, tempagance City ».flit u atetl and rarelvedaswhanceslmm SLB1S that SLBTS is In tom Ihnce with [F I[he ulremnt. 6:30 AM 030 PM.Clients Mae serve/aa1Xy10 minutes 1. Meetlnp andpresuiptiM pldup aher mulling or presaiptl0n pickup. In compliant¢ dark suffaryousented and re2ivetl astiran¢sfmm SLOlS that llOT$lim tom licence with mis rusairement ufmary- F=Iday3:ed. S:00liadea drib.00AM 3. On.e nurses Noon. N onany unaa . 1, tompllana City staff requested and rereived essunnresfmm lLBlS that SLBTS is In compliance who this requirement, 3. IXher adaff E staff ma he onsue unnlf3l:W PM [o receive oils In= Ir liana adaff reque,teo and —.,ad aasuranm mrs, 5L015 that onin is In com licence win his re inhumane C..a In..th'Iance. oultseubmin¢a Pr d,,nau¢13.HiteparkingspaaslnpM , gmtmbe Annual Perimtic Complaan¢ documenasoflimdfaithe/formin fai me HOnsto obtalnright,brpahingtlocoment.l hysLUS Inkster EO11,5L0R .... hedaareemiamin lease n parking1pamsat5W31ntl othke pahiK 1pl repulretl I [onsmttea anosi street Review 30/9/]1. Sept 1➢ll and offsltt parking month Period .(time. Pa rkiK lean a[SN 33 ntl St contlnues wXF letter of Intent br exclusive use by St0T5 ea. Atimarite from. from Diamond Parking comp. ny AlU[bment Fj. tlalK bake In facllXy mart uu Pla nnlK Olreanra ppmuetl Winter more plan mounted by pLrh510 /36/06; approsetl by DIM Planning DmOfn mcompllana On 10 /E1 /10,[Irys[aH pressntetl 5!015 wXM1 1006 wrltren room plan; 5L0TI mnfirmea .LoftSnR would en /.rte- Ward entlq rttle db Iwntslnem M Muet be mvlaed onsue at /atlll In mm Ilance GN sUHrryuestM and re¢ivetl assuran¢afmm SV815that SLBR is'm mmplianze with tF'zs requirement Ap pealwRndhawal A required mminds, to planning Apveel of use permit &e l wMdmwn witlwtnprejrr®m. a. r. Rea In mat had forger headed stOTS meadappN forusewnXf.ratewryIotlg./mU. .dy postulations dab usan may pu around aside powers to btam ^Anv den a[i.n rmmtM hregoiK[nnahmee..,.nv aaain.o,l.,samhp.<ih,sob.r livi ^E 6aalnywwm arangetM aagory rdse. ^O /zs/06 omp(ance with use permit refrainment ... In, Directory letter 79 w Attachment F Letter of Intent for Off -Site Parking Spaces at 500 32nd Street 21 22 .f °w x✓ n 14,2012 To Whpm It May Concern: The bi mess of "Sober Living by the. Sea" has leased 13 parking addres : 500 32 "d St., Newport Beach, CA 92663. These stalls w curren monthly parking program. This l( We ha We wi Please Best R C Tony Orange Diamo TonyJ will serve as proof that the stalls have been secured. restricted the monthly parking that we are able to sell on at the following rented under our location. not sell more monthly parking passes than stalls that exist 44 this location. me should you require any additional information. County Operations Manager d Parking Service, LLC es 24 Attachment G SLBTS Compliance Reports 25 20 Exhibit G Sober Living By The Sea Bi- Annual Compliance Review Report Date Report Submitted: Jan 9, 2012 This form covers from June 30, 2011 to Dec 312011 Beginning this dale Sober Living By The Sea ( SLBTS) managed or controlled the following facilities in Newport Beach: SLBTS FACILITIES Properly Address Peninsula Zone Y or N) Treatment Bed Count ADP License (Y or N) Peninsula Off Peninsula 4138 Patrice N 6 Pending 4711 Seashore Y 6 Y 4711 % Seashore Y 2 N 505 29" Street Y 6 Y 3980 Seashore Y 6 Y 112 401h St Unit A Y 0 2 staff) N 112 40 " St Unit B Y 6 N 126 44'h St, units A &B Y 9 Pendin 4800 Seashore units A& B Y 9 Y 5004 Neptune, unit A Y 6 N 5004 Neptune, unit B Y 6 N 5101 River, unit B Y 6 Y 6110 West Ocean Front Y 6 Y 6111 Seashore Y 6 Y Total Bed Count: 80 Since last report June 30, 2011 the following have been closed: 4500/4504 Seashore equaling 10 beds (closed Dec 1, 2011. 27 Exhibit G Sober Living By The Sea Bi- Annual Compliance Review Report Dale Report Submitted: 7.2. 2012 This report covers from Dec 312011 to June 30„ 2012 During this time period Sober Living By The Sea ( SLBTS) made good faith efforts to manage or control the following facilities in Newport Beach in accordance with the operational regulations specified in Exhibit B of the Zoning Implementation and Public Benefit Agreement: SLBTS FACILITIES Properly Address Peninsula Zone Y or N) Treatment Bed Count ADP License (Y or N) Peninsula Off Peninsula 4138 Patrice N 6 Pending 4711 Seashore Y 6 Y 4711 Y2 Seashore Y 2 N 505 291h Street Y 6 Y 3980 Seashore Y 6 Y 112 40" St Unit A Y 0 (1 to 2 staff ) N 11240... St Unit B Y 6 N 126 44" St, units A &B Y 9 Pending 4800 Seashore, units A & B Y 10 Y 5004 Neptune, unit A Y 6 N 5004 Neptune, unit B Y 6 1 N 5101 River, unit B Y 6 Y 6110 West Ocean Front Y 6 Y 6111 Seashore Y 6 Y Total Bed Count: 81 Since last report Dec 31, 2011 no facilities have closed Submitted by: Kathleen M. Sylvia on behalf of Sober Living by the Sea 22 Attachment H Inventory of Client Beds as of September 2012 90 SOBER LIVING BY THE SEA, INC. Inventory of Client Beds as of September 2012 Street No. Unit Street # Beds May '08 # Beds Dec. '09 # Beds June '10 # Beds June '11 # Beds Sept. '12 298 Via�d 6 4 4 9 498 "4ee 6 4 4 9 492 Via nfibes 6 4 4 9 505 29' Street 6 6 6 6 6 446 A 34 -Street 6 0 9 9 446 9 34 -Street 6 9 9 9 307 Y2 34 -Street 6 9 9 9 399 34 -Street 6 8 9 9 4-24 39 -Street 6 0 9 9 425 y4 39 -Street 6 9 9 0 44-2 A 40 -Street 0 2 0* 02t 0* 442 13 40 -Street 6 6 6 6 6*' 126 A 44 Street 0 0 0 5 5 126 B 44' Street 0 0 0 4 4 434 A 43 -Street 6 0 0 8 434 a 43 -Street 6 0 0 0 449 A 45 -Street 6 4 9 9 449 9 413 -Street 6 2 0 9 422 A 413 -Street 6 4 0 0 422 13 45 -Street 6 6 0 0 443 A 45 -Street 6 9 9 9 433 a 45 -Street 6 0 0 0 5004 A Neptune Street 6 6 6 6 6 5004 B Neptune Street 6 6 6 6 6 540i A 4VerrRVCrAvcnac 6 4 0 0 5101 B River Avenue 6 6 6 6 6 3960 Seashore-Brive 6 4 4 0 3980 Seashore Drive 6 6 6 6 6 4500 c^� e4)f ye 6 4 4 4 0 4504 Seas -4.�n ;ye 6 6 6 6 9 4711 Seashore Drive 6 6 6 6 6 4711 '/2 Seashore Drive 0 0 0 2 2 2 4800 A Seashore Drive 6 4 4 4 5 4800 B Seashore Drive 6 6 6 5 5 4846 A seas-here -Drove 6 4 � 4 0 4346 9 Seore -DF6ye 6 6 6 0 6111 Seashore Drive 6 6 6 6 6 6110 West Ocean Front 6 6 6 6 6 4138 Patrice Road 0 0 0 6 3 6 TOTAL CLIENT BEDS & Number of Dwelling Units (DU's): 204 34 DU's 122 25 DU's 100 22 DU's 90 17 DU's 75 14 DU's ( *staff only) (* *closed in July 2012) ' 126 44th Street, Units A & B, facility opened December 31, 2010 2 Client occupancy of 4711 '/z Seashore commenced September 1, 2010. Previously used for staff onl 3 4138 Patrice Road facility opened August 1, 2010 1 92 Attachment Map of SLBTS Facilities — Open and Closed as of July 2012 93 94 NEWPORT SHORES _t Sober Living By the Sea Facilities C OPEN • CLOSED 1. 505 29th St. 1. 116 34th St. A and B 2. 5004 Neptune Ave. A and B 2. 307 112 34th St. 3. 6110 Ocean Front W. 3. 3091 2 34th St. 4. 4138 Patnce Rd. 4. 125 and 125 1/2 39 St. 5. 5101 River Ave. B only 5. 112 40th St. A (staff) and B 6. 3980 Seashore Dr. 6. 131 43rd St. A and B 7 4711 and 4711 112 Seashore Dr. 7. 133 45th St. A and B 8. 4800 Seashore Dr. A and B 8. 118 45th St. A and B 9. 6111 Seashore Dr. 9. 122 45th St. A and B 10. 12644th St. A and B 10. 5101 River Ave. A Only 11. 100 Via Antibes 12. 102 Via Antibes 13. 208 Via Lido Soud 14. 3960 Seashore Dr. 15. 4500 -4504 Seashore Dr. 16. 4816 Seashore Dr. A and B September 2012 LINDA ISLE A LIDO PENINSULA HA P6 R s A„ „r LIDO ww ISLE NEWPORT w�® ISLAND € 0 0.25 0.5 zi Miles 9,5 m Attachment J Compliance Matrices Overall Compliance Matrix and Individual Facility Matrices 97 92 0 Corsi Category Zoning Agreement Specific Requirements with Sober Living Inspection Date by the Sea - Annual Compliance Report 2012 Semi - annual compliance reports Enforcement No more then 204 Citywide, Peninsula no more submitled1 1911287(2r12;4facilities Semi- annualcompliancerepods Client bed limit than 156 inspected 1119112; 4 facilities show bed counts under limits Interior inspections in January and July showed bed counts consistent inspected 7/18112; Extemal inspection citywide and in Peninsula Zone with counts reported by SLBTS of all facilities 1119/12 Lido Island limit No more than 12 birds on Lido ].land In compliance SLBTS Lido Island faclliHes closed July 31 2010 Except 156 betls in Peninsula Zone and Facilities outsitle Peninsula Zone located in MFR In compliance New facility established Dec. 2010 at 126 44th St In Peninsula Zone. Lido Island, all facilities located in MFR only. pose net exceetl 15fi beds In Peninsula Zone. _ New facilities opened after effective date Incompliance. Sole facility on New facility at 12644th St. established Dec. 2010; no other facilirywithln - one facility per block, ..across Block is area bounded by four streets, not alleys. block ces street block or a m b an street Ordinance Effective Date: 511209 Dispersal - disperse to one facility per Dispersal Date: 11112H1 11845th SL or 12245M St - BOTH CLOSED block swin 30 months of effective data of Exceptions not requied to Gispeme: 11240 th In compliance, final required ordinance adopting agreement. Four St. and 3960 -3980 Seashore; 12245M St. and tllspersal wmpletetl 12127/10. 307112 34th St. or 30912 34th SL -BOTH CLOSED exceptions under DA may remain w /in 4500-4504 Seashore; 6110 Oceanfront and 6111 same block. Ocean Front; 4711 Seashore and either 4800 4800 Seashore or 4816 Seashore -4816 CLOSED 12127110. Seashore or 4816 Seashore No new facility established outside Peninsula Zone until dispemal In Compliance m tat d Dispersal completed es of 12127110 Proximity to schools, large day cere No facility whir 1,000' of NMDSD elementary school In compliance facilities or large day care facility proximity M parks N. Facility ediacent to 36th St. tot lot or Marina Park In compliance tat lot Parolee. from CA Dept. of Corrections or NBPD parliament parolee checks SLBTS reports no parolees at any SLBTS address, Perot.. and g.vernment refenals equivalent prohibited, g..rh.t demands 1128110, 429110, 729110, 9130110, In compliance NBPD reports no parolees at any SLBTS facility as of 2 -1 -11. Effective prohibited. Other parolee/probationers -1 per 1021110 and 211/11 Feb 2011, NBPD requests Mey be asked to supply Mis information only dwallin. unit allowed for criminal law enforcement purposes. Disposed of in accordance with law and best Intender inspections 1119112 and Medical waste disposal practices 7/18112. SLBTS States n. m e icel In compliance SLBTS management has instructed all staff at all facilities in proper waste gmr edded at any of its facilities. procedures and preferred disposal method. Inspected at 8 facilitiea'mterior Other waste disposal Comply with NBMG trash enclosure previsions inspections 1119112 and 7118112, and In compliance. exterior inspections of all facing.. 1119112. Good faith effort to prevent smoke affecting Inspected at 8 fadliGes interior Secondhand smoke neighboring properties; direct clients not to Igor inspections 1119/12 and 7118112, and In compliance with tobacco protlucfs or violate smoking exterior inspections of all facilities prohibitions 1/19112 N. complaints received. Inspected at 8 fecilities Interior Offenses parking Comply will NBMC requirements for offstreet Inspections 1119112 and 7118112, and In compliance. parking exterior inspections of all facilities 7118112. Requiretl staffing 24 -hour hotline for complaints In compliance ? -Hour Complaint Hotline - (949 ) 554.1147 Quiet hours, all residents inside: Sun - Thum: 10 Quiet hours PM - 7 AM; In compliance Fri - Sat: 11 PM -7 AM Complaint received van driver not Complaint received van driver not adhering to route plans, and unsafe Client transport routes Routes submitted to City, good faith efforts to adhering to route plans, and unsafe driving conditions. Executive Director addressed at all staff meeting in adhere required driving. 3112, SLBTS meets wl sit van drivers regularly 8 announced that disciplinary action including termination will be enforced. Deliveries During customary times for deliveries in residential N. delivery complaints received area In compliance Clients per betlroom 2 clients per bedroom unless size of structure Inspected at 8 facilities Interior In Compliance All facilities inspected had 2 per bedroom or fewer client beds, except warrants more for any single bedroom Inspections on 1119112 and 7118112 59529th which hod 2 moms large enough for 3 beds each In compliance with terms of Good faith efforts to obtain rights for off -site parking documented by 2811 Villa Way meeting facility Comply with terms o(81251u61etter letter. SLBTS. Agreement confinues to lease 13 parking spaces at 500 32nd St on month- lo-monM basis for indefinite period of time. Reporting Frequency Semi annually; by December 31 and June 30 Compliance mpods submitted 119/12 In compliance and 7/2112. Remedies for Violations Specific performance, general police powers 0 100 4 e c o 1 SLBTS Zoning Agreement .2012 Annual Compliance - Individual Facilities Complaints W INSPI) or Comill Category Specific Ractrimprearts Inspection Date Reach Code Enforcement NBPD responded to No. .1I for service 3130112 Medical aid - assisted, 5117112 Drunk female at location, gone on agrees pri Facility address: 50529th St Insfion- TI1S112 pec 313011220:54 W5 29th (6 agent beads) be St Mai lcalaid - assistej 511711222:07 WS 29th St Drunk female at location, gone on officers arrival s This fordity OPEN as of 1011110 Except 156 bads In Peninsula Zone Facilities outside This facility located in and Litlo Island, all facilities located Peninsula Zone located Peninsula Zone a in MFR in MFR only. New facilities opened after afsctive Block is area bounded data - one facility par block, or by four streets, not Sake facility on btock across tranderna spread alloys Ordinance Effective Date: 5112109 Dispersal Date: 1111&11 Exceptions not required Oispersal- disperse to one facility to disperse: 11240 th 11845th St orl2245th St- BOTHCLOSED per block wdr, 30 months of e%eetiva St. and 3960 -3980 Shia facility on block - date of ordinance acoming Seashore : 122 45th St. no dis pars. I u ubed q 34 307112 t St. or 309112 With St- BOTH agreement Four acceptors under and 45004504 CLOSED DA may remain who same block. Seashore; 6110 Oceanfront am 6111 4800 Seashore or 4016 Seashore -4816 ocean Front; 4711 CLOSED 12f27110 Seashore and either 8 4800 Seashore or 4816 No new facllity eatabllahed..pro. In compliance. Prourema Zone uhill dispersal Dispersal of final mmPle[etl' location complete s 1227111. No facility, wlln 1 000' of Pool to schools, large day care NMUSD elementary Incompliance facilities school or large day to one facility No facility ad,..nt to Protlmity, to parks Wth St. tot lot or In Lompllance 11 Manna Park tot at Parolees from DA Dept. of Comectkma or NBPD perfamed SLBTS reports no parolees at any SLBTS equvalem pmhlbited, parolee shacks address. Parolees and government re fertals government referrals 1128,10, 4129110, In compliance NBPD reports no parolees at any SLBTS facility prohibited. Other 7129110,9130110' as of 2 -1 -11. Effective Feb. 2011, NBPD psmleelpmbatieers- 10121110 and 211111 requests they be asked to supply this 1 per dwelling unit information for criminal law enforcement allowed purposes arty No complaints Disposed of In received. Per SLBTS Medical waste disposal a cordance with law no medical waste SLBTS management has instructed all staff at and best precfices generated at this all facilities of proper procedures and preferred 11 facility. deep ...I method. Comply with NBMC The exterior of the properly, was clean and well - Other waste disposal fresh enclosure Extedor inspection - Incompliance maintainetl. The refuse containers for the facility 14 provisions 711 &12 were covered with 1165 and stored In compliance with NBMC section 6.04.150(A). Good ait effort to prere vent smoke affecting neighboring No complaints Secondhand smoke sdiret Properties; direct Exterior inapecurn- asived, no smoke or silents out to lltler with 7118112 bill liter observed tobacco products or violate smoking 15 prohibitions Comply with NBMC Ex[ed _ In compliance. No Diameter parking requirements for 7,1nIXron 7118112 complaints received 15 abstract parkin specific to this facility. Required stating 24 -hour halm s far lis In oampnce n complaints Hotline- 949 554 -1147 Quiet hours, ell Call hours resident. inside: Sun- No noise complaints Thurs: 10 PM -7 AM; received 1s Fn - Sat: 11 PM - 7 AM Complaint received van driver not adhenng to Routes submitted to No transport route route plane, and uneefe driNng condldons. Client transport routes City, good faith affdds complaints received Executive Director ad .... d at .11 staff meeting to kffery required specific to this facility. in 3112, SLBTS meats wl all van diners reguleny & announced that disciplinary action Including is termination will be enfonced. During customary times No dellvery complaints Opinions. for deliveries in ived zo residential area 2ichante per batlmom o 3 bedrooms contained Clients per bedroom less aiza of structure Interior inspection - ewer. a. of moms 3 bade, size Consistent with provisions of ZA warrants more for any 7118112 for N 21 single bedroom Semi annually; by Compliance reports Reporting Frequency December 31 and June submitted 119112 and In compliance zz 1 30 1 7 0112. 100 101 B C 1 D 1 1 1 1 1 G H JAI 2 SLEITS Zoning Agreement - 2012 Annual Compliance - Individual Facilities SUN Condition Category Specific Requirements Date Do r Notes 4 Code Enforcement Facility address: 5004 Neptune A 5 Exterior inspection - (6 client beds in A, 6 client beds in 1119112 s a This facility OPEN as of 10 /1/10 Except 156 beds in Peninsula Zone Facilities outside This facility located in and Lido Island, all facilities located Peninsula Zone located Peninsula Zone 6 in MFR in MFR only. New facilities opened after effective Block is area bounded date - one facility per block, or across by four streets, not Sole facility on block 7 bordering street allays. Ordinance Effective Date: 5/12/09 Dispersal Date: 11/12/11 118 45th St. or 122 45th St. - BOTH CLOSED4 Exceptions not required Dispersal - disperse to one facility to disperse: 11240 th 3071/234th St. or 3091234th Sl -BOTH per block Win 30 months of effective St. and 3960 -3980 Sole facility on block- CLOSED date of ordinance adopting Seashore; 122 45th St. no dispersal required agreement. Four exceptions under and 45004504 4800 Seashore or 4816 Seashore -4816 DA may remain wile same block. Seashore; 6110 CLOSED 12/27/10 Oceanfront and 6111 Ocean Front; 4711 Seashore and either 4800 Seashore or 4816 8 Seashore No new facility established outside In compliance. Peninsula Zone until dispersal Dispersal of foal completed. Ioca;m2comOplete a No facility w /in 1,000' of Proximity to schools, large day rare NMUSD elementary In compliance facilities school or large day 10 care facility No facility adjacent to Proximity to parks 36th St. tot lot or Manna In compliance 11 Park tot lot Parolees from CA Dept. of Corrections or NBPD performed equivalent prohibited, parolee checks 1/28110, SLBTS reports no parolees at any SLBTS Parolees and. government referrals government referrals 4/29/10,7/29/10, Incompliance address. prohibited. Other 9/30110, 10/21110 and NBPD reports no parolees at any SLBTS facility parolee /probationers - 1 2/1/11 as of 2 -1 -11. Effective Feb. 2011, NBPD per dwelling unit requests they be asked to supply this information 121 allowed for criminal law enforcement purposes only. Disposed of in SLBTS management has instructed all staff at all Medical waste disposal accordance with law No complaints received facilities of proper procedures and preferred 13 and best practices disposal method. Comply with NBMC ExteriorInspection - Olher waste disposal trash enclosure 1119/12 In compliance I4 provisions Good faith effort to prevent smoke affecting neighboring properties; Exterior inspection- No complaints Secondhand smoke direct clients not to litter 1/19/12 received, no smoke or with tobacco products related litter observed or violate smoking prohibitions 15 Comply with NBMC Exterior inspection- In compliance. No Offstreet parking requirements for 1/19/12 complaints received 16 offshoot parking specific to this facility. Required staffing 24 -hour hotline for In compliance v complaints Hotline- 949) 554 -1147 Quiet hours, all Quiet hours residents inside: Sun- No noise complaints Thum: 10 PM - 7 AM; received Ed - Sat: 1 t PM - 7 AM 18 Complaint received van driver not adhering to Routes submitted to No transport route route plans, and unsafe driving conditions. Cl lent transport routes City, good faith efforts complaints received Executive Director adressed at all staff meeting to adhere required specific to this facility. in 3/12, SLBTS meets w/ all van drivers regularly 8 announced that disciplinary action including 1s termination will be enforced. During customary times No delivery complaints m Bell for deliveries in residential area received 2 clients per bedroom Clients per bedroom unless size of structure Interior inspection 2 clients per bedrooms Consistent with provisions of ZA warrants more for any 7128/10 or fewer single bedroom 21 Semi annually; by Compliance reports Reporting Frequency December 31 and June submitted 1/19/12 and In compliance 22 30 1 7/2/12. 101 102 A B C D E G H I SLEITS Zoning Agreement - 2012 Annual Compliance - IndlAclu.1 Facilities; Condition Category Specific Requirements Inspection Complaints to NBPD D 0 Core Enforcement Complaints received; Facility, address: 5101 River, Unit B Inspection - 7/18112 Client bed #s consistent insuf6ceint evidence to (B client beds) wit, #s reported establish violation of s some complaints. This famlity OPEN as of 10 11/10 Except 156 beds in Peninsula Zone Facilities outside This facility located in and Lido Island, all facilities located In Peninsula Zane located Peninsula Zone s MFR in MFR only. New fxciti0es opened after effective Block is area bounded data - one facility per block, or acmes by four streets, not Sale facility on block bordering street allevs. Ordinance Effective Date 5112/09 Dispersal Date: 11/12/11 118 45th St. or 122 45th St. - BOTH CLOSED Exceptions not required Dispersal - disperse to one facility per to disperse: 11240 th 30711234th St. or 309 112 340 St -BOTH block w /in 30 months of effective date St. and 3960 -3980 Solefaciliock - CLOSED of ortlinance adopting agreement Seashore; 12245th St. no dispersal al required Four exceptions under DA may and 4500.4504 4800 Seashore or 4816 Seashore -4816 remain will same black. Seashore; 6110 CLOSED 12127/10 Oceanfront and 6111 Ocean Front; 4711 Seashore and either 4800 Seashore or 4816 a No new facility established outside Dispersal of final Peninsula Zone until dispersal location complete 9 completed. 12127110 No facility wlin 1,000'of Proximity to schools, large day care NMUSD elementary In compliance facilities school or large day care to facility No facility adjacent to Proximity to parks 36th St. tot lot or Marina In compliance 11 Park but lot Parolees from CA Dept. of Corrections at NBPD performed equivalent prohibited, parolee checks 1/28!10, SLBTS reports no parolees at any SLBTS Parolees and government referrals government referrals 4129/10, 7129110, In compliance address. prohibited. Other 9/30/10, 1021/10 and NBPD reports no broilers at any SLBTS facility parolee /probationers -1 2/1/11 as of 2 -1 -11. Effective Feb. 2011, NBPD per dwelling unit requests they be asked to supply this information 12 allowed for criminal law enforcement purposes only. Disposed of in In compliance. Per Medical waste disposal accordance with law Inspection - 7/18112 SLBTS, no medical SLBTS management has Instructed all staff at all and best practices waste generated at this facilities of proper procedures and preferred 13 facility. disposal method. Comply with NBMC The exterior of the property was clean and well - Other waste disposal trash enclosure Inspection - 7118112 In compliance maintained. The refuse containers were covered provisions with lids and stored in the side yard in compliance 14 with NBMC section 6.04.1501A). Good faith effort to prevent smoke affecting neighboring properties; No complaints received, Secondhand smoke direct clients not to litter Inspection - 7118112 no smoke or related with tobacco products litter observed or violate smoking cigarette receptacles at all facilities and 16 prohibitions have designated areas for smoking have de Comply with NBMC Complaint received re: van unloading clients in Offal parking requirements for Inspection - 7/18112 In compliance. Complaints submitted to red curb zone. SLBTS notified of violation. offstreet parking Code Enforcement Residents of this facility are now picked up at 16 alternate location. Required staffing 24 -hour hotline for Incompliance 17 complaints Hotline - (949) 554 -1147 Quiet hours, all Quiet houre residents inside. Sun- No noise complaints Thum 10 PM -7AM: received Fri - Sal: 11 PM - 7 AM 1s Complaint received van driver not adhering to Routes submitted to route plans, and unsafe driving conditions. Client transport mules City, good faith efforts No transport route Executive Director adressetl at all staff meeting to adhere required! complaints received comp in 3/12, SLBTS meets w/ all van drivers regularly 8 announced that disciplinary action including 19 termination will be enforced. During customary times No delivery complaints Deliveries for deliveries in received 20 residential area 2 clients per bedroom Clients per bedroom unless size of structure Inspection - 7/18112 2 clients per bedroom warr ants mare for any or less 21 single betlroom Semi annually; by Compliance reports Reporting Frequency December 31 and June submitted 119112 and In compliance zz 30 712/12. 102 103 A C D H a 2012 Annual Compliance - Individual Facilities Result Condition Category Specific Requirements 1,sp.rti." Dan, Complaints to NBPD or Notes 4 __ Code Enforcement Fa siny address: 396 & - 398o Seashore(" - iest hP6an...3960, 6 Inspecitcn- 7/18/12 5 client beds In 39801 3960 Seashore closed 12/1/10 Except 156 beds in Peninsula Zone Facilities outside This facility located In and Lido Island, all facilities located in Peninsula Zone located Peninsula Zone, 6 MFR in MFR only. facilities opened after effective Block is area bounded lNew date - one facility per block, or across by four streets, not Exception under ZA 7 1 borderina street alleys. Ordinance Effective Date : 5112/09 118 45th St. or 122 45th St. - BOTH CLOSED Dispersal Dale: 11/12/11 307 1/2 34th St. or 309 1/2 34th St - BOTH Exceptions not required CLOSED Dispersal - disperse to one facility per to disperse: 11240 th block wAn 30 months of effective date St. and 3960 -3980 4800 Seashore or 4816 Seashore - 4816 CLOSE of ordinance adapting agreement. Seashore; 122 45th St. Exception under ZA - n , 12/27/10 Four exceptions under DA may and 45004504 dispersal required remain wAn same block. Seashore; 6110 Although this facility and 112 40th Street allowed Oceanfront and 6111 to stay under ZA, 3960 Seashore Dr. closed as Ocean Front; 4711 of 12 -1 -10 Seashore and either 4800 Seashore or 4816 a Seashore No new facility established outside In compliance. Peninsula Zone unfit dispersal Dispersal of final completed. location complete 9 12/27110. No facility w /in 1,000' of Proximity to schools, large day care NMUSD elementary In compliance facilities school or large day care 10 facility No facility adjacent to Proximity to parks 36th St. tot lot or Marina In compliance . 11 Park lot lot Parolees from CA Dept of Corrections or NBPD performed equivalent prohibited, parolee checks 1/28/10, SLBTS reports no parolees at any SLBTS Parolees and government referrals government referrals 4129/10, 7129/10, In compliance address. prohibited. Other 9130110, 10/21/10 and NBPD reports nc parolees at any SLBTS facility parolee /probatloners - 1 211111. as of 2-1-11. Effective Feb. 2011, NBPD per dwelling unit allowed requests they be asked to supply this information 12 for criminal law enforcement purposes only. Disposed of in Incompliance. Per Medical waste disposal accordance with law SLBTS, no medical SLBTS management has instructed all staff at all and best practices waste generated at this facilities of proper procedures and preferred 13 faclll ty. disposal method. Comply with NBMC The refuse containers were covered with lids and Other waste disposal trash enclosure Inspection - 7118112 In compliance stored in compliance with NBMC section 14 provisions 6.04.150(A). Good faith effort to prevent smoke affecting neighboring properties; No complaints received, Secondhand smoke direct clients not to Utter Inspection - 7118/12 no smoke or related with tobacco products litter observed or violate smoking Installed cigarette receptacles at all facilities and 15 prohibitions have designated areas for smoking Comply with NBMC In compliance. No Offshoot parking requirements for Inspeciton- 7/18/12 complaints received 16 fsheet parking P.M. s to this fasi Required staffing 24 -hour hotline for In compliance 17 complaints Hotline- 949 554 -1147 Quiet hours, all Quiet hours residents inside: Sun- No noise complaints Thum 10 PM- 7 AM; received Fri - Sat: 11 PM - 7 AM iR Complaint received van driver not adhering to Routes submitted to route plans, and unsafe driving conditions. Client transport routes City, goad faith efforts No route transport Fxecufive Director adressed at all staff meeting in to adhere required complaints received 3/12, SLBTS meets w/ all van drivers regularly & announced that disciplinary action including 19 termination will be enforced. During customary times No delivery complaints .Deliveries for deliveries in received 20 residential area 2 clients per bedroom Clients per bedroom unless size of structure Inspection - 7/18/2012 2 clients per bedroom warrants more for any or less single bedroom 21 Semi annualty; by Compliance reports Reporting Frequency December 31 and June submitted 119/12 and In compliance 22 30 712/12 103 � r a c I D I I I I I G H JAI BTS Zoning L Agreement - 2012 Annual Compliance - Individual Facifitil 4 Condition Category Specific Requirements Inspection •. or - Enforcement Notes Facility address:36g0 -4504 Internal inspection NBPD responded to call This facility closed on December 1, 2011 _ __ _ _ 1/31/11; for service 8/26/10 re: Seashore fig beds Exterior inspection- Client beds consistent suspicious s twe He is) Will with We reported. circumstances. Except 156 beds in Peninsula Zone Facilities outside This facility located in and Lido Island, all facilities located in Peninsula Zone located Peninsula a Zone 6 MFR in MFR only New facilities opened after effective Block is area bounded data - one facility per block, or across by four streets, not Sole facility on block 7 bordering street alleys Ordinance Effective Date : 5112109 Dispersal Date: 11112/11 118 45th St. or 122 45th St. - BOTH CLOSED Exceptions not required Dispersal - disperse to one facility per to disperse: 11240 th 307 1/2 34th St. or 3091/2 34th SC - BOTH block w /in 30 months of effective date St. and 3960 -3980 Exception under ZA - no CLOSED of ordinance adopting agreement. Seashore; 12245th St. dispersal required 4800 Seashore or 4816 Seashore -4816 Four exceptions under DA may and 45004504 .main w /in same block. Seashore; 6110 CLOSED 12 127/10 Oceanfront and 6111 Ocean Front; 4711 Although this facility and 12245th both Seashore and either allowed to stay under ZA, 4500.4504 4800 Seashore or 4816 Seashore has closed. e No new facility established outside In compliance. Peninsula Zone until dispersal Dispersal of final completed. location complete s 12/27/10. No facility vi/in 1,000' of Proximity to schools, large day care NMUSD elementary Incompliance facilities school or large day care 10 facility No facility adjacent to Proximity to parks 36th SL tot lot or Marina In compliance 11 Park tot lot Parolees from CA Dept. of Corrections or NBPD performed SLBTS reports no parolees at any SLBTS equivalent prohibited, parolee checks 1128110, address. Parolees and government referrals government referrals 4/29/10, 7129110, In compliance NBPD reports no parolees at any SLBTS prohibited. Other 9130110, 10/21/10 and faci0lyisof2 -1 -11. Effeceve Feb.2011, parolee /probationers - 1 2/1/11 NBPD requests they be asked to supply this per dwelling unit information for criminal law enforcement 12 allowed purposes only. Disposed of in Interior Inspection In compliance. No SLBTS management has instructed all staff at Medical waste disposal accordance with law 1/31/11: Exterior medical waste all facilities of proper procedures and preferred 13 and best practices inspection - 9/8111 generated at his facility. disposal method. Comply with NBMC Interior inspection Other waste disposal trash enclosure 1/31111; Exterior In compliance 14 Provisions Inspection 9/6111 Good faith effort to prevent smoke affecting neighboring properties; Interior inspection No complaints received, Secondhand smoke direct clients not to litter 1131/11; Exterior no smoke or related with tobacco products Inspection 9 18/11 litter observed or violate smoking prohibitions 15 Comply with NBMC Interior Inspection Incompliance. No Offstreet parking requirements for 1/31111; Exterior complaints received 16 offsireel parking inspection 9 /8111 specific to this facility Required staffing 24 -hour hotline for In v complaints Hotline - 949 554 -1147 Quiet hours, all Quiet hours residents inside: Sun- No noise complaints Thurs: 10 PM - 7 AM; received Fri - Sae 11 PM - 7 AM 1E Complaint received van driver not adhering to Routes submitted to No transport route mute plans, and unsafe driving conditions. Client transport routes City, good faith efforts complaints received Executive Director adressed at all staff to adhere required specific to his facility. meeting in 3112, SLBTS meets w/ all van drivers regularly $ announced that disciplinary 19 action Including termination will be enforced. During customary times No delivery complaints Deliveries for deliveries in received 20 residential area 2 clients per bedroom In compliance. 2 Giant Clients per betlroom unless size of structure Interior inspection beds per bedroom or warrants mam for any 1/31/11 less 21 single bedroom Semi annually; by Compliance reports Reporting Frequency December 31 and June submitted 1/11/11 and In compliance 22 30 711/11. � r 105 JAI 31 C I D I E F I G H SI-BTS Zoning Agreement - 2012 Annual Compliance - Individual Facilities 4 Code Enforcement Facility address: 4711 and 4711 ill NBPD responded to call Seashore, (6 client beds at 4711, 2 Exterior for service 811/12 client beds at 4711112 since mspectionl/19 /12 vehicle towed for expired registration on s 911110.) public road This facility OPEN as of 10/1110 Except 156 beds in Peninsula Zone Facilities outside This facility, located in and Lida Island, all facilities located in Peninsula Zone located Peninsula Zone s MFR in MFR only New facilities opened after effective Block is area bounded date - one facility per block, or across by four streets, rot > bordi street alleys Orchards Effective Date; 5112109 Dispersal Date: 11112/11 118 45th St. or 122 46th St. - BOTH CLOSED Exceptions not required Dispersal - disp erse to one facility per 40h to disperse: 112 40 t 307 1/2 34th St. or 309 1/2 34th St - BOTH block wlin 30 months of effective date St. and 3960 -3980 Exception ZA -no CLOSED of ordinance adopting agreement. Seashore; 12245th St dispersal required required Four exceptions under DA may and 4500 -4504 4800 Seashore or 4816 Seashore -4816 remain Win same block. Seashore; 6110 CLOSED 12/27/10 Oceanfront and 6111 Ocean Front; 4711 Seashore and either 4800 Seashore or 4816 s so — No new facility established outside In compliance. Peninsula Zane and dispersal Dispersal of fnal completed. Iocaton complete a O No facility w /in 1,000' of Proximity to schools, large day care NMUSD elementary Incompliance facilities school or large day care 10 facility No facility adjacent to Proximity to parks 36th St. tot lot or Marina In compliance 11 Park tot lot Parolees from CA Dept. of Corrections or NBPD performed equivalent prohibited, parolee checks 1/28/10, SLBTS reports no parolees at any SLBTS Parolees and government referrals government referrals 4/29110, 7/29110, In compliance address. prohibited. Other 9130/10, 10/21110 and NBPD reports no parolees at any SLBTS facility parolee /probationers - 1 2/1111 as of 2 -1 -11. Effective Feb. 2011, NBPD per dwelling unit mail they be asked to supply this information 12 allowed for criminal law enforcement purposes only. Disposed of in Exterior inspection SLBTS management has instructed all staff at all Medical waste disposal accordance with law 1118/12 No complaints received facilities of proper procedures and preferred 13 and best practices disposal method. Comply with NBMC Exterior inspection Other waste disposal trash enclosure 1/18/12 Incompliance 14 Good faith effort to prevent smoke affecting neighboring properties; Exteriorinspection No complaints received, Secondhand smoke direct clients not to litter 1/18/12 no smoke or related with tobacco products litter observed or violate smoking Installed cigarette receptacles at all facilities and 15 prohibitions have designated areas for smoking. Comply with NBMC Exterior inspection In compliance. No Offstreet parking requirements for 1/19/12 complaints received 16 offstreet parking specific to this facility Required staffing 24 -hour hotline for In v complaints Hotline - 949 554 -1147 Quiet hours, all Quiet hours residents inside: Sun- No noise complaints Thurs: 10 PM - 7 AM; received Fri - Sat 11 PM - 7 AM 1a Complaint received van driver not adhering to Routes submitted to No transport route mute plans, and unsafe driving conditions. Client transport routes City, good faith efforts complaints received Executive Director adressed at all staff meeting in to adhere required specific to this facility. 3112, SLBTS meets w/ all van drivers regularly 8 announced that disciplinary action including 15 termination will be enforced. During customary times No delivery complaints Deliveries for deliveries in received 2p I residential area 2 clients per bedroom Clients per bedroom size of structure Interior Inspection 2per bedroom or less warrants warrants mare for any 9/29/10 single bedroom 21 Semi annually; by Compliance reports Reporting Frequency December 31 and June submitted 1/19/12 and In compliance 22 30 712112. 105 100 A6 D H ITS Zoning Agreement - 2011� Date Annual Compliance- Result Indinelli Facilities Complaints to NBPD or Code a to coe. v 1/13112 Vehicle towed for expired registre8on on public road, 319112 Facility address: 4800 Seashore, Inspection- 1119112 Drunk male entered A&B (10 client beds between 2 and 7118/12 location and left units) officers were unable to locate Me male, 3110/12 Bicycle taken by former 9 client beds apparel client petty Matt report as of 6130/11, 10th bed taken 5 added July 2011. This ladifty OPEN as of 1011/10. Except 156 beds in Peninsula Zane Facilities outside This facility located In and Lido Island, all facilities located In Peninsula Zone located Peninsula Zone 6 MFR In MFR only, New facilities opened after effective Block is area bounded date - one facility per black, or across by four streets, not r truism. street alle s. Ordinance Effective Date: 5112/09 Dispersal Date'. 11112111 Exceptions not required Dispersal - disperse to one fatality, per to disperse: f 1240 M block wM 30 months of effective date St. and 3960 -3980 Exception under ZA- of ordinance adopting agreement. Seashore; 12245th SL no dispersal required Four exceptions antler DA may and 4500.4504 11845th St. of 12245th SL - BOTH CLOSED remain win same block. Seashore; 6110 Oceanfront and 6111 307112 34th St. or 309112 34th St- BOTH Ocean Front; 4711 CLOSED Seashore and either 4800 Seashore or a16 4800S ... her. .,4816 Seashore - 4816 a Rw cn m CLOSED 12127110 No new far,h y established outside In mmpliance. Peninsula Zen. until dispersal Dispersal of final completed. location complete 9 1227110. No facility wAn 1,000' of Proximity t. schools, large day care NMDSD elementary Incompliance Isaias. school or large day care 10 facility No facility adjacent to Proximity to parks 36M SL tot lot or Manna Incompliance 11 Park tat lot Parolees from CA Dept of Corrections or NBPD performed equivalent prohibited, parolee checks 12 lli rep SLBTS reports no parolees at any SLBTS Parolees anti government referrals government referrals 429110, 7I29110 Incompliance atltlress. prohibited. Other W3011011012111 0 and NBPD reports no parolees at any SLBTS facility parolee /proba8oners-1 211/11 asof2 -1 -11. Effective Feb. 2011, NBPD per dwelling un0 requests they be asked to supply this information 12 allowed for criminal law enforcement ad r oaks onto Disposed of in In compliance. No Medical waste disposal accordance with law Inspection - 1/19/12 medical waste SLBTS management has Instructed all staff at all and best practices and 7 118112 generated at this faclli8es ofproper procedures and preferred 1a bacillar. disposal mother. Comply with NBMC Inspection- 1119112 Refuse containers were covered with lids and Other waste tlisposal trash enclosure and 7118112 In compliance stored in the side yard! in compliance with NBMC 14 provisions section 806150(A). Good bath effortto prevent smoke specking No complaints neighboring properties; Inspection- 1/19112 received. No Smoke or Secondhand smoke direct clients not to litter and 7118112 related litter observed with tobacco products during inspection or violate smoking Installed cigarette receptacles facilities and 16 prohibitions have designated fore have smoking Comply NBMC Inspection - 1119/12 Complaint inspection Enforcement ection by Enforcement Oflstreet parking requirements requiremenrking and 7/18112 parking spaces barbal parkingspacival tially Enforc met ne Enforcement W16/11, space now 8/16H1, garage spaces now clearfor parking of 16 offstreet Arkin obstructetl. obstructed parkin vehicles. Required welding 24 -hour hotline for In compliance n complaints Hotline- 19491554-1147 Quiet hours, all Quiet hours residents inside: Sun - No noise complaints Thms: 10 PM -7 AM; received 1a Fri-Slit 11 PM -7 AM Complaint receivetl van drlver not adhering to Routes submitted to No transport route route plans, and unsafe dining contli0ons. Client transport routes City, good faits efforts mmplalnts receivetl Executive Director atlressed at all staff meeting to adhere required specific to this facility , in 3112, SLBTS meats wl all van drivers regularly & announced Mat disciplinary action including 19 termination will be enfo,md. During customary times No delivery complaints Delved. for deliveries in receivetl z6 residential area 2 clients per bedroom Clients per bedroom unless size of structure Inspection- 1119112 2 per bedroom or less wanandi more for any and 708112 single bedroom Semi annually; by Compliance reports Reporting Frequency December 31 and June submtted 1 /9112and In compliance 0 100 107 N 11 C D E F G SILBTS Zoning Agreement � 2012 Annual Compliance - Individual Facilities Date Result D• Complaints to NBPr Notes 0 Code Enforcement Facility address: 6110 W. Ocean complaints tram Front (6 client beds( Inspection 1119112 publi c public s This facility OPEN as of 1011110 Except 156 beds in Peninsula Zone Facilities outside This facility located in and Lida Island, all facilities located In Peninsula Zone located Peninsula Zane a MFR in MFR only New facilities opened after effective Block is area bounded dale - one facility per black, or across by four senders, not bordering street alleys. Ordinance Effective Date', 5112/09 Dispersal Data 11112111 118 45th St. or 122 45th St - BOTH CLOSED Exceptions not required Dispersal - disperse to one facility per todisperse: 11240th 30711234th St. or 3091/234th St - BOTH block Win 30 months of effective date St. and 3960 -3980 Exception ZA -no CLOSED of ordinance adopting agreement. Seashore; 12245th St. ref dispersal required Four exceptions under DA may and 4500-4504 4800 Seashore or 4816 Seashore - 4816 remain Win same block. Seashore; 6110 CLOSED 12/27/10 Oceanfront and 6111 Ocean Front; 4711 Seashore and either 4800 Seashore or 4816 No new facility established outside In compliance. Peninsula Zane and dispersal Dispersal of final completed. location complete 9 12127110. No facility Win 1,000' of Proximity to schools, large day care NMUSD elementary In compliance facilities school or large day care 10 facility No facility adjacent ro Proximity to parks 36th St tot lot or Marina In compliance 11 Park lot lot Parolees from CA Dept. of Corrections or NBPD performed equivalent prohibited, handles checks l /28/10, SLBTS reports no parolees at any SLBTS Parolees and government referrals government referrals 4/29/10, 7129110, In compliance address. prohibited. Other 91301101 10121110 and NBPD reports no parolees at any SLBTS facility parolee /probationers -1 2/1/11 asof2 -1-11. Effective Feb. 2011, NBPD per dwelling unit requests they be asked to supply this information 12 allowed for criminal law enforcement purposes only. In compliance. No Disposed of in complaints received. Medical waste disposal accordance with law Inspection 1119112 Per SLBTS, no medical SLBTS management has instructed all staff at all and best practices waste generated by this facilities of proper procedures and preferred 13 1 1 facility' disposal method. Comply with NBMC In compliance. No Refuse containers were covered with lids and Other waste disposal trash enclosure Inspection 1119112 comp lit d ans receive. stored in the side yard in compliance with NBMC 14 provisions section 6.01 Good faith effort to prevent smoke affecting neighboring properties; No complaints received, Secondhand smoke direct clients not to litter Inspection 1119112 no smoke or related with tobacco products litter observed or violate smoking Installed cigarette receptacles at all facilities and 15 prohibitions have designated areas for smoking Comply with NBMC Incompliance. No Offstreet parking requirements for Inspection 1119112 complaints received 16 off street caflang specific to this facility. Required staging 24 -hour hotline for Incompliance 17 complaints Hotline - 949 554 -1147 Quiet hours, all Quiet hours residents inside: Sun - No noise complaints Thum 10 PM - 7 AM; received Fri - Sat: 11 PM -7 AM 1s Complaint received van driver not adhering to Routes submitted to No transport route route plans, and unsafe driving conditions. Clienitransport routes City, good faith efforts complaints received Executive Director adressed at all staff meeting in to adhere required specific to this facility. 3112, SLBTS meets w/ all van drivers regularly 8 announced that disciplinary action including 19 termination will be enforced. During customary times No delivery complaints Deliveries for deliveries in received 20 residential area 2 clients per bedroom Clients per bedroom unless size of structure Inspection 1119112 2 beds per bedroom or warrants more for any less single bedroom 21 Semi annually; by Compliance reports Reporting Frequency December 31 and June submitted 1/9112 and In compliance 0 2112. 107 i F e C o c 6 SLEITS Zoning Agreement - 2012 Annual Compliance - lindlAclu.1 Fimlliti.� Condition Category Specific Requirements lhsp.cti.n D, D 4 Code Enforcement NBPD 8113112 Facility address: 6111 Seashore (6 Suspicious person at Inspection 1119112 location — gone on client beds) officers arrival 5 This facility OPEN as of 10 /1/10 Except 156 beds in Peninsula Zone Facilities cutede This facility located in and Lido Island. all facilities located In Peninsula Zone located Peninsula Zone 6 MFR in MFR only. New facilities opened after effective Block is area bounded data - one facility per block, or across by four streets, not 7 corderm street alleys. Ordinance Effective Date: 5112109 Dispersal Date: 11112/11 Exceptions not required 118 45th St. or 122 45th St. - BOTH CLOSED Dispersal - disperse to one facility per to disperse: 112401h block who 30 months of effective date St. and 3960 -3980 Exception under ZA- 307 112 34th St. or 309 1/2 34th St - BOTH of ordinance adopting agreement. Seashore; 12245th SL no dispersal required CLOSED Four exceptions under DA may and 4500 -4504 remain who same block. Seashore; 6110 4800 Seashore or 4816 Seashore - 4016 Oceanfront and 6111 CLOSED 12127/10 Ocean Front, 4711 Seashore and either 4800 Seashore or 4816 8 0 No new facilHy established outside In compliance. Peninsula Zone unfit dispersal Dispersal of final completed. location mmplele s O No facility wlin 1,00 of Proximity to schools, large day care NMUSD elementary Incompliance facilities school or large day care 10 facility No facility adjaoentto Proxim f, to parks 36th St. tot lot or Marina In compliance 11 Park tat lot Parolees from CA Dept. of Corrections or NBPD performed equivalent prohibited, parolee checks 1128110, SLBTS reports no parolees at any SLBTS Parolees and government referrals government referrals 4129/10, ]129/10, In compliance address. prohibited Other 9130/10, 10121/10 and NBPD reports no parolees at any SLBTS facility parolee/pmbationers -1 2/1/11 as of 2 -1 -11. Effective Feb. 2011, NBPD per dwelling unit requests they be asked to supply this information 121 1 allowed for criminal law enforcement purposes only. Disposed of in No complaints received. Medical waste disposal accordance with law Inspection 1/19/12 Per SLBTS, no medical SLBTS management has instructed all staff at all and best practices waste generated at this facilities of proper procedures and preferred 13 facility. disposal method. Comply with NBMC The refuse containers were covered with lids and Other waste disposal trash enclosure Inspection 1119/12 In compliance stared in the garage in compliance with NBMC 14 provision. section 6.04.150(A). Good faith effort to prevent smoke affecting neighboring properties; No complaints received, Secondhand smoke direct clients not to litter Inspection 1/19112 no smoke or related with tobacco products litter observed or violate smoking Installed cigarette receptacles at all facilities and 15 prohibitions have designated areas for smoking Comply with NBMC Incompliance . No Offstreet parking requirements for Inspection 1/19/12 complaints received 161 1 fairest mtkinq specific to this facility. Required staffing 24 -hour hotline for In compliance 17 complaints Hotline - (949) 554 -1147 Quiet hours, all Quiet houre residents inside. Sun- No noise complaints Thu. 10 PM - 7 AM; received Fri - Sal: 11 PM - 7 AM 18 Complaint received van driver not adhering to Routes submitted to No transport route route plans, and unsafe driving conditions. Client transport mules City, good faith efforts complaints received Executive Director amassed at all staff meeting to adhere requiretl specific to this facility. in 3/12, SLBTS meets w/ all van drivers regularly 8 announced that disciplinary action including 19 termination will be enforced. During customary times No delivery complaints Deliveries for deliveries in received 20 residential area 2 clients per bedroom Clients par bedroom unless size of structure Insection 1/19/12 p 2 beds per bedroom or war, ants more for any less single bedroom 21 Semi annually; by Compliance reports Reporting Frequency December 31 and June submitted 1/9112 and In compliance 22 30 712/12. i 109 N a C D E F G H SILBTS Zoning Agreement � 2012 Annual Compliance - Individual Facilities Date Result in aints to a• C"Co'l Notes 0 Enforcement Facility address: 4138 Patrice (6 complaints tram client beds) Inspection 1119112 publi public c s This facility OPEN as of 1011110 (opened 811/10 Ezcepl 156 beds in Peninsula Zone Fadlifies outside This facility located and Lida Island, all facilities located In Peninsula Zone located outside Peninsula Zone; Facility outside Peninsula Zone 6 MFR in MFR only in MFR New facilities opened after effective Block is area bounded dale - one facility per black, or across by four streets, not Sole facility on block bordering street alleirs. Ordinance Effective Date', 5112/09 Dispersal Date: 11/12111 118 45th St. or 122 45th St. - BOTH CLOSED Exceptions not required Dispersal - disperse to one facility per todisperse: 11240th 30711234th St. or 3091/234th St - BOTH block Win 30 months of effective date St. and 3960 -3980 Final or CLOSED of ordinance adopting agreement. Seashore; 12245th St. before 12130/10 Four inceptions under may and 4500 -4504 4800 Seashore or 4816 Seashore - 4816 remain w /in same block. . Seashore; 6110 CLOSED 12/27110 Oceanfront and 6111 Ocean Front; 4711 Seashore and either 4800 Seashore or 4816 s q—hnrn No new facility established outside In compliance. Peninsula Zane and dispersal Dispersal of final completed. location complete 9 12127110. No facility Win 1,000' of Proximity to schools, large day care NMUSD elementary In compliance facilities school or large day care 10 facility No facility adjacent to Proximity to parks 36th St tot lot or Marina In compliance 11 Park lot lot Parolees from CA Dept. of Corrections or NBPD performed equivalent prohibited, parolee checks 1/28/10, SLBTS reports no parolees at any SLBTS Parolees and government referrals government referrals 4/29/10, 7129/10, In compliance address. prohibited. Other g130110, 10121110 and NBPD reports no parolees at any SLBTS facility parolee /probationers -1 211111 as of 2-141. Effective Feb. 2011, NBPD per dwelling unit requests they be asked to supply this information 12 allowed for criminal law enforcement purposes only. Disposed of in No complaints received. Medical waste disposal accordance with law Inspection 1119112 Per SLBTS, there is no SLBTS management has instructed all staff at all and best practices medical waste facilities of proper procedures and preferred 13 generated at Nis facility. disposal method. Comply with NBMC Refuse containers for the facility were covered Other waste disposal trash enclosure Inspection 1119112 Incompliance. with lids and ramped in compliance with NBMC 14 provisions section 6.04.150(11) Good faith effort to prevent smoke affecting neighboring properties; No complaints received, Secondhand smoke direct clients not to litter Inspection 1119112 no smoke or related with tobacco products litter observed or violate smoking Installed cigarette receptacles at all facilities and 15 prohibitions have designated areas for smokin Comply with NBMC Incompliance. No Offstreet parking requirements for Inspection 1119112 complaints received 16 offsheel parking specific to this facility Required staffing 24 -hour hotline for In v complaints Hotline - 949 554 -1147 Quiet hours, all Quiet hours residents inside: Sun- No noise complaints Thurs: 10 PM - 7 AM; received Fri - Sat 11 PM - 7 AM 1a Complaint received van driver not adhering to Routes submitted to No transport route mute plans, and unsafe driving conditions. Client transport routes City, good farm efforts complaints received Executive Director adressed at all staff meeting in to adhere required specific to this facility. 3112, SLBTS meets w/ all van drivers regularly 8 announced that disciplinary action including 19 termination will be enforced. During customary times No delivery complaints Deliveries for deliveries in received 20 I residential area 2 clients per bedroom Clients per bedroom unless size of structure Inspection 1119112 2 beds per bedroom or warrants mom for any Iess single bedroom 21 Semi annually; by Compliance reports Reporting Frequency December 31 and June imported! 1/9112 and In compliance 22 30 712112. 109 110 JAI 31 C I D I E H SLIEITS Zoning Agreement - 2012 Annual Compliance - Individual Facilities 4 Date Result Complaints to NBPD or Code Enforcement Notes Facility address: 12644th St., ASB NB PD responded to call (5 client beds in A, 4 client beds in Exterior inspection Consistent with # beds for service 1/16/11 re: 8) 7/19/12. reported possible intoxicated 5 individual. Facility opened December 2010 Except 156 beds in Peninsula Zone Facilities outside This facility located in and Lido Island, all facilities located in Peninsula Zone located Peninsula a Zone 6 MFR in MFR only New facilities opened after effective Block is area bounded data - one facility per black, or across by four streets, not Sole facility on block bordering street alle Ordinance Effective Date : 5112/09 Dispersal Date: 11112/11 Exceptions not required 118 45th St. or 122 45th SL - BOTH CLOSED Dispersal - disperse to one facility per to disperse: 11240 th block wlin 30 months of effective date St. and 3960 -3980 Sole facility on block. 307 1/2 34th St. or 309 112 34th St - BOTH of ordinance adapting agreement. Seashore; 122451h SL Not subject to dispersal CLOSED Four exceptions under DA may and 45004504 requirements remain w /in same block. Seashore; 6110 4800 Seashore or 4816 Seashore - 4816 Oceanfront and 6111 CLOSED 12/27/10 Ocean Front; 4711 Seashore and either 4800 Seashore or 4816 e No new facility established outside In compliance. Peninsula Zone until dispersal Dispersal of final completed. location complete a 12/27/10. No facility Win 1,000' of Proximity to schools, large day care NMUSD elementary Incompliance facilities school or large day care 10 facility No facility adjacent to Proximity to parks 36th SL tot lot or Marina In compliance 11 Park tot lot Parolees from CA Dept. of Corrections or equivalent prohibited, NBPD performed SLBTS reports no parolees at any SLBTS Parolees and govemment referrals government referrals parolee checks 1/28/10, Incompliance address. prohibited. Other 4/29/10 and 7/29110 NBPD reports no parolees at any SLBTS facility parolee /probationers - i as of 2 -1 -11. Effective Feb. 2011, NBPD per dwelling unit requests information elaw 12 allowed or criminal enforcement purposes only. Disposed of in Exterior inspection . In compliance No SLBTS management has instructed all staff at all Medical waste disposal accordance with law 1/19/12 medical waste generate facilities of proper procedures and preferred 13 and best practices at this facility. disposal method. Comply with NBMC Exterior inspection Other waste disposal trash enclosure 1/18/12 Incompliance 14 provisions Good faith effort to prevent smoke affecting neighboring properties; Exterior inspection No complaints received. Secondhand smoke direct clients not to litter 1/19/12 No smoke or related with tobacco products litter observed. or violate smoking Installed cigarette receptacles at all facilities and 15 prohibitions have designated areas for smokin Comply with NBMC Exterior Incompliance. No Offstreet parking requirements or 11911pecticn 1/19/12' complaints received 16 offsireet parking specific to this facility Required staffing 24 -hour hotline for In v complaints Hotline - 949 554 -1147 Quiet hours, all Quiet hours residents inside: Sun- No noise complaints Thurs: 10 PM - 7 AM; received Fri - Sat 11 PM - 7 AM 1E Complaint received van driver not adhering to Routes submitted to No transportation route route plans, and unsafe driving conditions. Client transport routes City, good faith affairs complaints received to Executive Director adressed at all staff meeting in to adhere required this facility. 3112, SLBTS meets w/ all van drivers regularly 8 announced that disciplinary action including 15 termination will be enforced. During customary times No delivery complaints Deliveries for deliveries in received 20 residential area 2 clients per bedroom Clients per bedroom unless size of structure Interior Inspection 2 beds per bedroom or warrants more for any 1/31/11 and 8/5111 less single bedroom 21 Semi annually; by Compliance reports Reporting Frequency December 31 and June submitted 1/19/12 and In compliance 12 30 7118112. 110 111 SLBTS Zoning Agreement - 2012 Annual Compliance - Individual Facilities Condition Category Facility address: "T.' "^n. `.h At, A Ill Specific Requirements Inspection Date Exterior Inspection Result Client beds ps Complaints to D. Code Enforcement No complaints from He _ __, 1.t.t`g 1/19/12 consistent with we public reported. This facility CLOSED 7130/12 Except 156 beds In Peninsula Zone Facilities outside This facility located in and Lldo Island, all facilities located Peninsula Zone located Peninsula Zane in MFR in MFR only. New facilities opened after effective Block is area bounded date - one facility Per block, or by four streets, not Exception under ZA across removing street Mai Ordinance Effective Oat. 511M9 Dispersal Date: 11 H 2111 118 45th St. or 122 45th St. -BOTH CLOSED Dispersal - disperse to one facil itY Exceptions not required todisperse: 112401h 3071/2 Urn St. or 30911234th St - BOTH per block who 30 months of effective St. and 3960 -3980 ExceptionunderZA- CLOSED date of codinans, adopting agreement. Fourexceptions under Seashore; 12245th SL and 4500 -4504 nodispersalrequired 4800 Seashore or 4816 Seashore -4816 DA may remain Win same block. Seashore; 6110 CLOSED 12/27/10 Oceanfront and 6111 Ocean Front; 4711 Seashore and either 4800 Seashore or 4816 e�'vA^p No new facility established outside Incompliance. Peninsula Zone until dispersal Dispersal of final completed. board. complete 12/27/10. No fecllily wfin 1,000' of Proximity, to schools, large day care NMUSD elementary Incompliance facilities school or large day This facility allowed by ZA however it closed are fadli 7/30112 No facility adjacent to Proximity, to parks 36th St. tot lot or In compliance Marina Park tot lot Parolees from CA Dept. of Connections or NBPD performed SLBTS reports no parolees at any SLBTS equivalent prohibited, parolee checks address. Parolees and government referrals government referrals 1/28110,4129/10, Incompliance NBPD reports no parolees at any SLBTS facility prohibited Other 7/29110, 9130/10, as of 2-1-11. Effective Feb. 2011, NBPD parolee /probationers- 10/21/10and2/1/11. requests they be asked to supply this 1 per dwelling unit information for criminal law enforcement allowed purposes only. Disposed of in In compliance. No Exterior inspection medical waste SLBTS management has instructed all staff at all Medical waste disposal accordance with law 1119112 generated of this facilities of proper procedures and preferred and best practices facility. disposal method. Comply with NBMC Exterior inspection Other waste disposal trash enclosure provisions 1/19112 Incompliance Good faith effort to prevent smoke affecting neighboring properties; Exterior inspection No complaints Secondhand smoke direct clients not to lifter 1119/12 received, no smoke or with tobacco products related litter observed or violate smoking Installed cigarette receptacles at all facilities and prohibitions have designated areas for smoking. Comply with NB MC Exterior bespoken In compliance. Parking Offstreet parking requirements for 1/19/12 clear, no complaints offset orlon receivetl Required staffing 24 -hour hotline for complaints Incompliance Hotline - (949)554 -1147 Quiet hours, all Quiet hours residents inside: Sun- No noise complaints Thum : 10 PM - ] AM; receive Fri-Sat 11 PM - Z AM Complaint received van drover not adhering to Routes submitted to No transport more route plans, and unsafe driving conditions. Clienttransport routes City, good faith efforts complaints received to Executive Director adressed M all staff meeting to adhere required this facility. in 3112, SLBTS meets wl all van drivers regularly 8 announced that disciplinary action Including termination will be enforced. During customary, limes No delivery complaints Deliveries for deliveries in received residential area 2 clients per bedroom Clients per bedroom unless size of structure Interior Inspection 2 per bedroom or less No clients in Unit A; staff only warrants more for any 1/1311 and 815111 single bedroom Semi annually; by Compliance reports Reporting Frequency December 31 and June submitted 1/19/12 and In compliance 30 7/18/12. 111 112 Attachment K Code Enforcement Inspection Reports 1i3 114 n Ir.IPU R``\ Memorandum CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT CODE ENFORCEMENT DIVISION 3300 NEWPORT BOULEVARD, BLDG. h_ NEWPORT BEACH, CA 92658 -8915 (949) 644 -3217 To: File From: Malt Cosylion, Code Enforcement Supervisor Date: January 20, 2012 Re: Sober Living by the Sea — Zoning Agreement Compliance Inspections On January 19, 2012, Code Enforcement Officer Ashlee Kendall and I inspected the following Sober Living by the Sea (SLBTS) facilities: 4800 Seashore Dr., 6110 W. Ocean Front, 6111 Seashore Dr., and 4138 Patrice Rd. The purpose of the inspection was to verify the accuracy of the bed counts for the respective facilities as disclosed in the Compliance Review Report ( "Report") dated January 9, 2012, and to verify that each facility is in compliance with the operational regulations outlined in Exhibit B to the Zoning Agreement ( "ZA "). SLBTS is approved to have 204 client beds (total) within the City, including 156 client beds in the "Peninsula Zone." The restrictions on the total number of client beds within the City are located in Section A, Exhibit B to the ZA. According to the Report, [here are 74 beds on the Balboa Peninsula and 6 beds off the Peninsula for a total of 80 beds. II should be noted that the facility located at 4500/4504 Seashore closed on December 1, 2011. As required by the Zoning Administration Protocol dated October 29, 2010; and Condition no. 14 of the ZA, SLBTS was notified approximately two hours in advance of the time of the inspection and the facilities to be inspected. Chuck Walker from SLBTS accompanied me to the various facilities. 4800 Seashore Drive This location is a male only, licensed facility (License It 300044DDP), House Manager: Chuck Walker 115 1 House Manager There are 9 staff members assigned to this facility and the facility located at 6110 W. Ocean Front. There are al least two staff members on duty at any given lime. The program director for this facility and 6110W. Ocean Front is Sandy Taylor. Bed Court First Flooi Room 1: staff office Bedroom 1: 2 beds Second Floor Bedroom 1: 1 bed Bedroom 2: 1 bed Bedroom 3: 2 beds Facility Total: 6 beds Medical Wasle: There is no medical waste generated at this facility. Secondhand smoke /Cigarelles: No cigarette butts were observed in the street or around the property. A cigarette butt receptacle was located on the rooftop deck, which is the designated smoking area for this facility. The City has not received complaints regarding secondhand smoke or discarded cigarette butts at this location. Off- Slreel Parking: There are two covered parking spaces for this property. Both spaces were clear and accessible for parking as required by NBMC section 20.40.030(B). Trash /Trash Cans: The exterior of the property was clean and welkniaintained. The refuse containers for the facility were covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A). 6110 W. Ocean Front This location is a female only, licensed facility (License 11300044FFP). House Manager: As mentioned previously, there are 9 staff members assigned to this facility and 6111 Seashore Dr. The program director is Sandy Taylor. 110 Bedroom 2: 2 beds Bedroom 3: 2 beds Facility Total: 6 beds Medical Waste: There is no medical waste generated at this facility. Secondhand smoke /Cigarefles: No cigarette butts were observed in the street or around the properly. A cigarette butt receptacle was located in the front yard of the facility. The City has not received complaints regarding secondhand smoke or discarded cigarette butts at this location. O((- Streel Parking: There are two covered parking spaces for this property. Both spaces were clear and accessible for parking as required by NBMC section 20.40.030(B). Trash/Trash Cans: The exterior of the property was clean and well - maintained. The refuse containers for the facility were covered with lids and stored in compliance with NBMC section 6.04.•150(A). Notes Overall, all the facilities were clean and free of accumulated trash and rubbish around the property. Refuse containers were stared in compliance with NBMC section 6.04.150(A). Cigarette butts were not observed in the street, alley, sidewalks or gutters near the facilities. Al all of its facilities, SLOTS has posted a Good Neighbor Policy and a Code of Conduct in a public place. Those policies establish a code of conduct for residents and staff and require that clients be respectful of each other and the community. Additionally, the use of inappropriate language, littering, aggressive behavior, and the improper disposal of cigarette butts is prohibited. A copy of the Good Neighbor Policy is attached to this report. In addition to the aforementioned locations, we inspected the rest of the SLBTS facilities for any property maintenance related issues. All the facilities were clean and well - maintained. There were no cigarette butts on the sidewalks or streets near the facilities. A copy of this report will be forwarded to the City Attorney's Office and the Planning Division. Attachments: Compliance Review Report, dated January 9, 2012 SLBTS Good Neighbor Policy 217 Exhibit G Sober Living By The Sea Bi- Annuat Compliance Review Report Date Report Submitted: Jan 9, 2012 This form covers from June 30, 2.011 to Dec 312011 Beginning this date Sober Living By The Sea (SLBTS) managed or ccnirolled the following facilities in Newport (leach: Properly Address 4,138 Patrice_ 4711 Seashore 4711 % Seashore 60529... Street _ 3980 Seashore 401" St Unit B 4800 Seashore, units A R B 5004 Neptune. unit A _ 5004 Neptune. unit B 5101 River, unit B 6111 Seashore Total Bed Count: 80 SLBTS FACILITIES Peninsula Zone (Y or N) 1. - -(iN) .. Y f Y I Y Y Y _ Y Y Y Y Y Y Treatment Bed Count Peninsula Off Peninsula 6 1 G 0 2 staIQ_, 6 10 6 6 I 6 6 G Since last report June 30; 2011 the following have been closed: 450014504 Seashore equaling 10 beds (closed Dec 1, 2011. ADP License (Y or N) Pending_ Y N Y Y N ! N Pending_ Y I N N I Y Y Y ' An error was made when (his report was originally submitted to the City of Newport Beach June 9, 2012. The error was not intentional but a simple oversight by the Executive Director of SLBTS. In June, 2011 4800 Seashore had a staff member living in Unit A which is a two bedroom unit. This left (he count for 4800 Seashore at 9 beds. When I resubmitted the report for the last 6 months of 2011. 1 removed the 10 beds at 450014504 Seashore since we no longer occupied the unit. I forgot to change 4800 Seashore to 10 beds since we not longer had a staff member living in unit A. 4800 Seashore is licensed for 10 beds. 11-g r3jIIMC•II CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT CODE ENFORCEMENT DIVISION 3300 NEWPORT BOULEVARD, BLDG. E NEWPORT BEACH, CA 92658 -8915 (949) 644 -3217 To: File From: Matt Cosylion, Code Enforcement Supervisor Date: August 1, 2012 Re: Sober Living by the Sea — Zoning Agreement Compliance Inspection On July 18, 2012, Code Enforcement Officer Ashlee Kendall and I inspected the following Sober Living by the Sea ( "SLBTS ") facilities: 505 291h St., 3980 Seashore Dr., 5101 River Ave., and 4800 Seashore Dr. The purpose of the inspections was to verify the accuracy of the bed counts for the respective facilities as disclosed in the Compliance Review Report ( "Report") dated July 2, 2012, and to verify that each facility is in compliance with the operational regulations outlined in Exhibit B to the Zoning Agreement ( "ZA "). SLBTS is approved to have 204 client beds (total) within the City, including 156 client beds in the "Peninsula Zone." The restrictions on the total number of client beds within the City are located in Section A, Exhibit B to the ZA. According to the Report, there are 75 beds on the Balboa Peninsula and 6 beds off the Peninsula for a total of 81 beds. As required by the Zoning Administration Protocol dated October 29, 2010, and Condition No. 14 of the ZA, SLBTS was notified approximately two hours in advance of the time of the inspection and the facilities to be inspected. 505 29 °i St. This location is a licensed, female only facility (License f#300044EEP). Prograrn Director: Michelle Smith 1 - -7 Bed Count: First Floor Room 1: staff office Bedroom 1: 3 beds Second Floor Bedroom 1: 3 beds Facility Total: 6 beds Medical Waste: There is no medical waste generated at this facility. Secondhand smoke /Cigarettes: No cigarette butts were observed in the street or around the property. The City has not received complaints regarding secondhand smoke or discarded cigarette butts at this facility. Off - Street Parking.- There are two covered parking spaces for this property. Both spaces were clear and accessible for parking as required by Newport Beach Municipal Code ( "NBMC ") section 20.40.030(B). Trash/Trash Cans: The exterior of the property was clean and well- maintained. The refuse containers for the facility were covered with lids and stored in compliance with NBMC section 6.04.150(A). 3980 Seashore Dr. (second floor only) This location is a licensed, female only facility (License #300044XP). House Manager Cary Penso Bed Count: Second Floor Bedroom 1: 2 beds Bedroom 2: 1 beds Bedroom 3: 1 bed (staff) Bedroom 4: 2 beds Facility Total: 5 beds ��lDa c Medical Waste: There is no medical waste generated at this facility. Secondhand smoke /Cigarettes: No cigarette butts were observed in the street or around the property. The City has not received complaints regarding secondhand smoke or discarded cigarette butts at this location. Off - Street Parking: There are two covered parking spaces for this property. Both spaces were clear and accessible for parking as required by NBMC section 20.40.030(8). Trash/Trash Cans: The exterior of the property was clean and well- maintained. The refuse containers for the facility were covered with lids and stored in compliance with NBMC section 6.04.150(A). 5101 River Ave., Unit B This location is a licensed, male only facility (License #300044UP). House Manager. John Torres Bed Count: Second Floor Bedroom 1: 1 bed (staff) Bedroom 2: 2 beds Bedroom 3: 2 beds Bedroom 4: 2 beds Facility Total: 6 beds Medical Waste: There is no medical waste generated at this facility. Secondhand smoke /Cigarettes: No cigarette butts were observed in the street or around the property. The City has not received complaints regarding secondhand smoke or discarded cigarette butts at this location. J-21 Off - Street Parking: There are two covered parking spaces for this property. Both spaces were clear and accessible for parking as required by NBMC section 20.40.030(B). Trash/Trash Cans: The exterior of the property was clean and well- maintained. The refuse containers for the facility were covered with lids and stored in the side yard in compliance with NBMC section 6.04.150(A). 4800 Seashore Drive This location is a licensed, male only facility (License # 300044DDP). House Manager: Chuck Walker Bed Count: Unit A Bedroom 1: 2 beds Bedroom 2: 2 beds Unit B Bedroom 1: 2 beds Bedroom 2: 2 beds Bedroom 3: 1 bed (staff) Bedroom 4: 2 beds Facility Total: 10 beds Medical Waste: There is no medical waste generated at this facility. Secondhand smoke /Cigarettes: No cigarette butts were observed in the street or around the property. The City has not received complaints regarding secondhand smoke or discarded cigarette butts at this location. Off - Street Parking: There are three covered (garage) parking spaces for this property. All three spaces were clear and accessible for parking as required by NBMC section 20:40,030(6). i22ag Trash/Trash Cans: The exterior of the property was clean and well- maintained. The refuse containers for the facility were covered with lids and stored in the side yard adjacent to 4804 Seashore Drive in compliance with NBMC section 6.04.150(A). Findings Overall, all the facilities were clean and free of accumulated trash and rubbish around the property. Refuse containers were stored in compliance with NBMC section 6.04.150(A). Cigarette butts were not observed in the street, alley, sidewalks or gutters near the facilities. At all of its facilities, SLBTS has posted a Good Neighbor Policy and a Code of Conduct in a public place. These policies establish a code of conduct for residents and staff and require that clients be respectful of each other and the community. Additionally, the use of inappropriate language, littering, aggressive behavior, and the improper disposal of cigarette butts is prohibited. A copy of the Good Neighbor Policy is available upon request. A copy of this report will be forwarded to the City Attorney's Office and the Planning Division. Attachments: Compliance Review Report, dated July 2, 2012 5113 12.3 ErECE9VED FTE AGEiNDA Brown, Leilani From: Harp, Aaron Sent: Tuesday, October 09, 2012 4:57 PM To: Brown, Leilani Subject: FW: SOBER LIVING BY THE SEA REVIEW, UNDISCLOSED FACILITY? From: cynthia koller [mailto:oracenblCalvahoo.com] Sent: Tuesday, October 09, 2012 4:52 PM To: Kiff, Dave; Harp, Aaron Cc: Nancy Gardner; Steven Rosansky; Curry, Keith; Selich, Edward; Hill, Rush; Daigle, Leslie; Mike Henn Subject: SOBER LIVING BY THE SEA REVIEW, UNDISCLOSED FACILITY? DAVE, ARRONAND MATT.• I CAN'T MAKE THE CITY COUNCIL MEETING TONIGHT AS SOMETHING HAS COME UP UNEXPECTEDLY B UT I WOULD LIKE TO ENTER IN TO THE PUBLIC RECORD IN REGARDS TO THE DA HEARING TONIGHT CONCERNING SOBER LIVING BY THE SEA: THERE ISA NEWREIIAB FACILITYAT. 3206AND 3206112 i3ALBOA BOULEVARD. BACK UATIT ON THE CORNER OF 32ND AND BALBOA. WE HAVE SUSPECTED THIS HOUSE BUT IT WAS JUST VETTED BY NEIGHBORS THIS AFTERNOON WHO ARE AFRAID TO COME FORWARD BECAUSE OF THE THREAT OFRETALIATION. HOW CAN THE CITYRUBBER STAMP THIS DEVELOPMENT AGREEMENT AGAIN WITH THIS OPERATOR WHEN THERE IS NOTHING IN THE STAFF REPORT OR ON THE CITY WEBSITE MENTIONING THIS ADDRESS? ONE HAS TO ASK, HOW MANY MORE HOMES DO THEY HAVE IN THE CITY THEYARE NOT DISCLOSING? RESPECTFULLY, CINDY KOLLER Brown, L.eilani From: Denys Oberman [dho @obermanassociates.comj Sent: Tuesday, October 09, 2012 5:30 PM To: cynthia koller; bob rush Cc: Kiff, Dave; Harp, Aaron; gardnerncy @aol.com, mhenn527 @hotmail.com; parandigm @aol.com; Curry, Keith; Brown, Leilani Subject: RE: SOBER LIVING BY THE SEA Importance: High PLEASE ENTER THIS INTO THE PUBLIC RECORD IMMEDIATELY. Members of the City Council and Staff: I just received a copy of the message forwarded to you by Ms. Koller in connection with Sober Living By the Sea's establishment of operations at 3206 nad 3206 % W. Balboa Blvd. The source of this is people "on the inside" afraid of retaliation. These Addresses are NOT in the City Staff's report concerning review of SLBTS Development Agreement to be conducted this evening. These Addresses have been previously registered to operator, Balboa Recovery, and are listed as such in City published information as of this afternoon.(Kevin Cullen registered as operator /manager in previous Use Permit and approval processes.) WHAT IS THE RELATIONSHIP BETWEEN SLBTS and CULLEN aka BALBOA RECOVERY? IS THIS ALL ONE INTEGRAL OPERATION-- - AND HAS IT BEEN ALL ALONG? If so, this operator has violated the conditions of the D.A. and appropriate action should be taken. THIS PRACTICE IS A SERIOUS THREATTO PUBLIC HEALTH AND SAFETY. PLEASE ADVISE THE PUBLIC THIS EVENING OF THE TRUTH - - -FOR THE SAFETY OF ALL. THANK YOU, Denys Oberman (note - please regard the printed Confidentiality provision at the bottom of this email established in the template.) ///////////////////// / / / / / / / / / / / / / / /IHIII / / / / / /IIIII IIIII//////IH III HIIIIIIIHlIHIII / / / / / /IHIIIIIIII I Regards ( OBERAN iiatogv aw nnancial Adv4e ir. OBERMAN Strategic Consulting & Transactions 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476 -0790 Cell (949) 230 -5868 Fax(949)752 -8935 Email: dho(@.obermanassociates.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 information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491476.0790 or the electronic address above, to arrange for the return of the document(s) to us. From: cynthia koller [mailto:gracenblOyahoo.com] Sent: Tuesday, October 09, 2012 4:25 PM To: bob rush; Denys Oberman Subject: SOBER LIVING BY THE SEA Hi Bob and Denys: I have a family member coming in tonight unexpectedly and I don't think I will be making City Council as I planned. There is a new Sober Living by the Sea rehab house at 3206 and 3206 I12 Balboa. On the corner of Balboa and 32nd st. back unit. I can't tell you how we confirmed because the people who told us are afraid of losing their job but IT IS SLBS REHAB! And yes we have seen them all hanging off the balcony smoking. This address is not on the staff dot's for the DA Review so it is under the radar. If you want to use this tonight please do, make them tell the public why they are hiding addresses. Cyn AGUOiA Leilani From: Lori Morris [lorirmorris @gmail.com] `t/— / — Sent: Friday, September 28, 2012 11:39 AM To: Henn, Michael; Gardner, Nancy; Rosansky, Steven; Brown, Leilani; Curry, Keith; Selich, Edward; gardnerncy @aol.com; Kiff, Dave; Daigle, Leslie; mhenn527 @hotmail.com; Hill, Rush; Steve Rosansky Subject: For The Record COUNCIL AND STAFF: FOR THE RECORD, WE ARE STILL DEALING WITH MORNINGSIDE RECOVERY THAT OFFERS "DUAL DIAGNOSIS" IN THEIR FACILITIES AND WE ALSO HAVE SOBER LIVING BY THE SEA'S, YEARLY REVIEW COMING UP. WE NEED TO CONTINUE TO MAKE SURE THIS CITY IS DOING EVERYTHING IN IT'S POWER TO CONTROL AND REGULATE THESE BUSINESSES BEING RUN IN OUR NEIGHBORHOODS. PLEASE READ THE ENTIRE HORRIFIC STORY. THIS MAN WAS REPEATEDLY ARRESTED FOR CRIMES RELATED TO DRUGS, SPENT LITTLE TIME IN JAIL. FRIENDS AND FAMILY HAD TRIED TO GET HIM INTO A "SUBSTANCE ABUSE" PROGRAM BUT HE REFUSED... WHEN HE FACED .TAIL TIME OR "COURT ORDERED" TREATMENT FOR HIS CRIMES, OUR COURT SYSTEM DID SEE HIM FOR THE THREAT HE TRULY WAS AND HE WAS REMANDED TO A "TREATMENT FACILITY" INSTEAD OF BEING LOCKED UP. HE FINALLY, AFTER MANY "BREAKS" SPENT TIME IN JAIL ... FIVE DAYS AF'T'ER HIS RELEASE, 81 YEAR CATHERINE DAVIS WAS DEAD. THIS MAN, HIGH ON DRUGS, BROKE INTO HER HOME AND ATTACKED HER. THIS IS NOT THE FIRST TIME HE HAD DONE THIS TO UNSUSPECTING RESIDENTS. HE HAD PREVIOUSLY BEEN ARRESTED FOR BEING "SHIRTLESS AND SHOELESS" BROKE DOWN A DOOR AND ATTACKED TWO MEN. WHERE HAVE WE HEARD THIS BEFORE? RIGHT HERE IN OUR OWN NEIGHBORHOODS!. I S'T'ILL HAVE THE SHIRT OF THE WOMAN WHO BROKE INTO THREE DIFFERENT FAMILY HOMES ON 40TH ST. AND ENDED UP BARRICADED AND NAKED IN A FAMILY'S HOME... RANSACKING THEIR BEDROOM WHILE SCREAMING. WHEN THE POLICE ARRIVED? THEY SUBDUED HER AND TOLD THE TRAUMATIZED FAMILY "SHE'S FROM A LOCAL (DRUG REHAB FACILITY... THEY'RE COMING TO GET HER, AND IT WOULD BE ]BET'T'ER FOR HER IF YOU DIDN'T PRESS CHARGES" ! THE POLICE THEN RETURNED HER TO THE FACILITY INSTEAD OF TAKING HER TO JAIL!. ALL OF THIS CAME DIRECTLY FROM HOMEOWNERS ON THAT STREET AND ENTERED INTO THE PUBLIC RECORD DURING OUR STRUGGLE WITH FORCING THIS CITY TO TAKE A STAND ON OVER CONCENTRATION OF DRUG REHAB BUSINESSES IN OUR NEIGHBORHOODS. TO SAY THESE REHABS DO NOT POSE A HEALTH AND SAFE'T'Y RISK TO OUR COMMUNITY IS A DISGRACE. D 0U ➢� � � Q��O�� ' °D�Qh` � � D 0�� °'� QIfl4 C'� D Qh��1�� .Dih.. REHAB DOES NOT WORK. DRUG Q o A Din U S C COMBINED WITH H ME AL ILLNESS SHOULD CDD9 BE REA D lh IN A HOSPITAL AL W H TRUE SUPERVISION, http : / /www.latimes.com /n ews /locallla -me- anarchy- actor- 20120928,0,3012507,full. story 'Sons of A narchy' actor° was uniraveling Johnny Lewis had arrests and drug and mental health issues leading up to his slaying of an elderly landlady and his own death, court records show, .. F-1 Johnny Lewis, shown last year, spent two seasons playing Kip "Half Sack" Epps on the popular "Sons of Anarchy" motorcycle -gang drama. He fell to his death Wednesday after fatally bludgeoning his 81- year -old landlady to death, police said. (Carlo Allegri, Asoociated Press / September 14, 2011) 2 By Andrew Blankstein, Kate Mather and Angel Jennings, Los Angeles Times September 28, 2012 On paper, Johnny Lewis' acting career was looking up. The 28 -year -old actor had spent two seasons playing Kip "Half Sack" Epps on the popular "Sons of Anarcby" motorcycle -gang drama and was steadily landing movie roles. But behind the scenes, Lewis was unraveling. He was arrested three times this year, drowning in drugs and mental health issues, according to court records and those who knew him. The problems culminated Wednesday in a bizarre altercation in Los Feliz, where police say the actor fatally bludgeoned his 81- year -old landlady and attacked a painter and a neighbor before falling to his death. Los Angeles police detectives are still trying to piece together what happened at the sprawling hillside home of 81- year -old Catherine Davis. Neighbors described Davis as a kind - hearted friend who rented out parts of her two -story home to actors and others in Hollywood. Davis advertised her home as the "Writer's Villa," "set up for creative people. It is located in the Los Feliz Hills, in the same range of foothills as the famous Hollywood sign." Lewis had rented a room once before from Davis, though officials are not sure how long he had lived there. What is clear is that Lewis' latest arrival came after several arrests and jail stints. Lewis had been released from Los Angeles County jail five days prior to the slaying, following a series of criminal cases that dated back to January. Sources familiar with the cases said there were multiple attempts by family and authorities to help Lewis with drug abuse and mental illness. A probation report tied to one of his cases spoke of Lewis' struggles, "There are significant issues which should be addressed," the report states. "Obviously, defendant's behavior is out of control and needs counseling afforded by a professional." The first arrest came Jan. 3, when Lewis broke into a Northridge town home and beat two men with an empty Perrier bottle. Lewis had once lived at the same complex. One of the victims, who asked not to be identified, said he found Lewis in an upstairs room that morning. Lewis, who was wearing only pajama bottoms, told one of the men that he'd seen an intruder and was checking to see if everything was OK. When the man and his brother -in -law tried to get Lewis to leave, he attacked, biting them and beating their heads with the bottle, court records show. "My brother -in -law hit him in the head many times," the man told The Times. "He didn't even blink." Lewis was arrested and later released on bail. He was again taken into custody Feb. 10, accused of punching a man in the face at a Santa Monica yogurt shop. The third arrest would come eight days later, when he tried to break into a Santa Monica home, a crime that was thwarted after a woman saw him and began screaming. Lewis was released on bail in March but failed to appear in court and was arrested on a bench warrant later that month. He was in custody until May 23, when Judge Mark E. Windham ordered that Lewis spend 30 days in an outpatient program for mental health issues and substance abuse. He went to Ridgeview Ranch in Altadena, where he completed a month of treatment. By Aug. 17, judges had ruled in both the assault and burglary cases that Lewis had fulfilled his sentences and he was put on probation. What happened next is not entirely clear, but Lewis eventually found himself back in county jail. He was released Sept. 21 for reasons that are also not clear. Five days later he was at the Spanish -style home in Los Feliz, where he rented a room from Davis. The owner of the home next to Davis' said Lewis approached him Wednesday morning and introduced himself as "John," a new neighbor. Lewis left but returned about 15 minutes later and hopped a front -yard fence and began attacking a painter working at the neighbor's home. The neighbor said his wife ran to help and started screaming for help. The neighbor joined the fray, but he said Lewis was not phased by the blows he took. It was like "hitting him with a fly swatter," added the neighbor, who asked to remain anonymous because he was concerned about his safety. The three managed to shake Lewis and rushed into the house, throwing their bodies against the door as Lewis struggled to get inside. When police arrived, he was dead in Davis' driveway after apparently falling from a roof or balcony. Davis' body was discovered in her home. Her cat had also been killed. Davis died of blunt head trauma but had also been strangled, the Los Angeles County coroner's office said. Lewis' attorney, Jonathan Mandel, said court officers and the defendant's family did everything they could to get him into a long -term treatment facility. He added that Lewis repeatedly resisted those efforts. Nonetheless, he said, nothing in Lewis' past would have indicated this kind of outcome. "Nobody could have predicted this," Mandel said. "This was so extreme." "Sons of Anarchy" creator Kurt Sutter described Lewis as " an extremely talented guy, who unfortunately had lost his way." "i wish i could say that i was shocked by the events last night, but i was not" Sutter tweeted Thursday. "i am deeply sorry that an innocent life had to be thrown in his destructive path." NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, October 9, 2012, at 7:00 p.m., or soon thereafter as the matter shall be heard, a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. - The City Council of the City of Newport Beach will conduct an annual review of Development Agreement No. 2008 -005, consisting of the Zoning Implementation and Public Benefit Agreement (Zoning Agreement) between the City and Sober Living by the Sea, Inc. and its affiliates. Pursuant to Newport Beach Municipal Code Section 15.45.080, the City Council shall periodically review the Development Agreement and the activity conducted pursuant to the agreement to determine if the applicant has complied with the terms of the agreement. The City Council will review the Zoning Agreement, activity conducted pursuant to the agreement, and Sober Living by the Sea's demonstration of good faith compliance with the terms of the agreement. The review of this Development Agreement is exempt from the California Environmental Quality Act ( "CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Section 20.64. The application may be continued to a specific future meeting date, and if such an action occurs additional public notice of the continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newoortbeachca.gov on the Friday prior to the hearing. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. For questions regarding this public hearing item please contact Melinda Whelan, Assistant Planner, at (949) 644 -3221, mwhelan @newportbeachca.gov. Project File No.: PA2010 -150 Activity No.: Development Agreement No. DA2008 -005 Location: 505 29" St., 112 40t" St. Units A and B (closed), 126 44" Street Units A and B, 5004 Neptune Ave. Units A and B, 5101 River Ave. Unit B, 3980 Seashore Dr., 4711 and 4711 '/2 Seashore Dr., 4500 -4504 Seashore Dr.(closed), 4800 Seashore Dr. Units A and B, 6111 Seashore Dr., 6110 W. Ocean Front, 4138 Patrice Rd., 2811 Villa Way rz Leilani Brown, City Clemk ' City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, October 9, 2012, at 7:00 p.m., or soon thereafter as the matter shall be heard, a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. - The City Council of the City of Newport Beach will conduct an annual review of Development Agreement No. 2008 -005, consisting of the Zoning Implementation and Public Benefit Agreement (Zoning Agreement) between the City and Sober Living by the Sea, Inc. and its affiliates. Pursuant to Newport Beach Municipal Code Section 15.45.080, the City Council shall periodically review the Development Agreement and the activity conducted pursuant to the agreement to determine if the applicant has complied with the terms of the agreement. The City Council will review the Zoning Agreement, activity conducted pursuant to the agreement, and Sober Living by the Sea's demonstration of good faith compliance with the terms of the agreement. The review of this Development Agreement is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Section 20.64. The application may be continued to a specific future meeting date, and if such an action occurs additional public notice of the continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportboachoa.gov on the Friday prior to the hearing. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. For questions regarding this public hearing item please contact Melinda Whelan, Assistant Planner, at (949) 644 -3221, mwhelan @newportbeachca.gov. Project File No.: PA2010 -150 Activity No.: Development Agreement No. DA2008 -005 Location: 505 29'" St., 112 401" St. Units A and B (closed), 126 441" Street Units A and B, 5004 Neptune Ave. Units A and B, 5101 River Ave. Unit B, 3980 Seashore Dr., 4711 and 4711 '/2 Seashore Dr., 4500 -4504 Seashore Dr.(closed), 4800 Seashore Dr. Units A and B, 6111 Seashore Dr., 6110 W. Ocean Front, 4138 Patrice Rd., 2811 Villa Way + = r.f� Leilani Brown, City Clerk ''`�D/ City of Newport Beach Use Avery Template 5160 j v Feed Paper expoeno ose Pop -Up nne Yo EdgeTM ® i ® ® u AVERYY@ 5160® 045 101 14 04510115 04510116 Lawrence D Cancellieri Peter G Gladis Mario E Antonini 6206 Ocean Front W 6209 Seashore Dr 2021 Rosemont Ave #1 Newport Beach, CA 92663 Newport Beach, CA 92663 Pasadena, CA 91103 045 102 02 047 043 24 047 05106 Charles E Day Jr. Jill S Markowicz Paterson Kahle LLC 2389 Viejo Dr 413 29th St 450 Catalina Dr Lake Havasu City, AZ 86406 Newport Beach, CA 92663 Newport Beach, CA 92663 047 05107 047 05108 047 052 01 Scott F Schock Dennis Overstreet Fine Arts Buck 305 62nd St 200 Via San Remo 410 29th St Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 047 032 05 047 032 06 047 032 08 Russell E Fluter Lewis 31St Street -Lido LLC 2025 Balboa Blvd W 216 Via Dijon 4 Upper Newport Plz #100 Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92660 047 032 12 047 032 19 047 032 21 Matthew Smith Cannery LLC Thomas N Benjamin 1599 Superior Ave #A3 1901 Bayadere Ter 519 30th St Costa Mesa, CA 92627 Corona Del Mar, CA 92625 Newport Beach, CA 92663 047 032 22 047 032 23 047 032 24 Banta Investment Partners <Null> James M Peters Jr. Mark A Schattinger <Null> <Null> 3 San Joaquin Plz #215 511 30th St <Null >, <Null> 0 Newport Beach, CA 92660 Newport Beach, CA 92563 047 032 25 047 032 26 047 032 27 Kwock Mark Schattinger B E Francois 509 30th St 507 30th St 4200 Chevy Chase Dr Newport Beach, CA 92663 Newport Beach, CA 92663 Flintridge, CA 91011 047 032 28 047 032 29 047 033 02 John Russell Welbourn Robert L Beers Roberta Feuerstein 3301 Palos Verdes Dr N 310 5 Linhaven Cir 2920 Newport Blvd #A Palos Verdes Estates, CA 90274 Anaheim, CA 92804 Newport Beach, CA 92663 047 052 03 047 052 05 047 052 06 Brian Wesley Ray Patterson Kahle LLC Patterson Kahle LLC 425 30th St 410 450 Catalina Dr 450 Catalina Dr Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 047 052 09 047 052 14 047 052 15 Avila Ronald J Millar Keith Tran Callaway 3809 Seashore Dr PO Box 1162 2212 Coast Hwy E Newport Beach, CA 92663 Newport Beach, CA 92659 Huntington Beach, CA 92648 Etiquettes faciles a peler A 1 r ® ® i - Sens de Repliez la hachure de www.averycom Utilisez le gabarit AVERY 5160 chargement reveler le rebord Pop -UpTm I 1- 800 -GO -AVERY A ly . °° .,... °' I o oena wong:ime to [� ®5160 r. Use Avery® Template 5160® Feed Paper expose Pop-Up EdgeTM d ® b 047 052 20 045 036 06 047 033 10 Raymond & M M Haws City Of Newport Beach Lafayette Investors L P 223 Castellana N PO Box 1768 2905 Lafayette Ave Palm Desert, CA 92260 Newport Beach, CA 92658 Newport Beach; CA 92663 047 033 11 047 052 31 047 033 18 Lafayette Investors L P <Null> Neil J Powers Newport Coast Investments 2905 Lafayette Ave 3408 Marcus Ave 22 Beacon Bay Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92660 047 033 19 047 033 20 047 033 21 Claude Koeberle Arnold Construction Frank Mcdowell <Null> <Null> 508 30th St 506 30th St <Null >, <Null> 0 Newport Beach, CA 92663 Newport Beach, CA 92663 047 033 22 047 033 23 047 042 01 Stephen M Banta Louis Orozco 430 31St Street LLC <Null> <Null> 502 30th St 430 31St St <Null >, <Null> 0 Newport Beach, CA 92663 Newport Beach, CA 92663 047 042 02 045 102 04 045 10212 Thomas Dixon Ranson W Webster Phillip W Walsh 428 31St St 4345 Eagle Valley Cir 531 S Brea Blvd Newport Beach, CA 92663 Reno, NV 89519 Brea, CA 92821 045 103 03 045 103 04 045 103 05 Nelio C Dicorpo Richard A Seltzer Mary M Kessler 16 Vista Montemar 80499 Spanish Bay 6003 Seashore Dr Laguna Niguel, CA 92677 La Quinta, CA 92253 Newport Beach, CA 92663 045 105 22 045 111 15 045 111 17 City Of Newport Beach AJoyce Hoskinson Clarke PO Box 1768 6204 Coast Hwy W 1300 Balboa Blvd W Newport Beach, CA 92658 Newport Beach, CA 92663 Newport Beach, CA 92661 045 111 18 045 111 19 045 112 01 Clarke A Joyce Hoskinson Wayne Enterprises LP 1300 Balboa Blvd W 6204 Coast Hwy W 210 62nd St #A Newport Beach, CA 92661 Newport Beach, CA 92663 Newport Beach, CA 92663 045 112 08 045 112 09 045 112 10 Caywood Realty Inc Caywood Realty Inc Pacific Bayside Plaza LLC 6110 Coast Hwy W 6110 Coast Hwy W 2025 Balboa Blvd W Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 045 112 11 045 114 13 045 114 16 Caywood Realty Inc David Jalali Victor G Rumbellow 6110 Coast Hwy W PO Box 8412 434 Vista Grande Newport Beach, CA 92663 Newport Beach, CA 92658 Newport Beach, CA 92660 Ltiquettes faciles a peler l d Repliez a la hachure afin del www:ave cone ' Utilisez le gabarit AVERY® 51600 chaSensda r601er le rebord Pop -UpTM I 1-800-GO-AVERY ' cuay I e oena.mong ime -io i ® A@l ERY0 5160 '. Use Avery® Template 51600 Feed Paper expose Pop-Up EdgeTm u 047 042 21 047 042 27 047 042 28 C -Sand LLC Mary Anne Turley -Emett Funding Southern 812 Via Lido Nord 25 Bay Island 419 30th St Newport Beach, CA 92663 Newport Beach, CA 92661 Newport Beach; CA 92663 045 094 06 045 094 15 045 10105 Pamela L Stilgenbauer Garrett Investment Group LLC Corydon M Pieper 6302 Ocean Front W 6306 Ocean Front W <Null> <Null> Newport Beach, CA 92663 Newport Beach, CA 92663 <Null >, <Null> 0 045 101 10 045 101 11 930 614 44 Bercaw G & J Mefferd Arnold & D Wenyon 234 Lugonia St 6210 Ocean Front W 4820 Seashore Dr #A Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 047 042 32 047 043 04 047 043 11 A & C Properties Inc Laurie J Gabriel Theresa C Morrison 427 30Th St 36 El Paseo St PO Box 965 Newport Beach, CA 92663 Newport Beach, CA 92663 Cardiff By The Sea, CA 92007 047 043 19 047 043 21 047 022 08 City Of Newport Beach Fine Arts Buck Scott F Schock 3300 Newport Blvd 410 29th St 305 62nd St Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 047 022 13 047 023 01 047 023 03 David N Dalton Scott F Schock Dennis Overstreet 2908 Lafayette Ave 305 62Nd St 200 Via San Remo Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 047 023 06 047 023 07 047 023 12 2808 Lafayette Property John Herlihy Russell E Fluter 126 16Th St 2806 Lafayette Ave 2025 Balboa Blvd W Costa Mesa, CA 92627 Newport Beach, CA 92663 Newport Beach, CA 92663 047 023 14 047 024 03 424 453 03 126 Prop LLC Cannery LLC Levon Gugasian 126 16Th St 1901 Bayadere Ter <Null> <Null> Costa Mesa, CA 92627 Corona Del Mar, CA 92625 <Null >, <Null> 0 114 21138 114 21139 114 211 41 Gregory M Enriquez Judy Anne White Roger S & Cristina Wyett 4824 River Ave 4820 River Ave 2400 Santiago Dr Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92660 114 21145 114 211 33 114 21134 Sands Community Assn Lido Craig Daniel Medici Pamela Molfetta PO Box 1373 4908 River Ave 4904 River Ave Newport Beach, CA 92659 Newport Beach, CA 92663 Newport Beach, CA 92663 ttiquettes faciles a peler i Sen de Repliez a la hachure afro de www.avery,com } Utilisez le gabarit AVERY® 5160® chargement reveler le rebord Pop -UpTM 1- 800 -GO -AVERY �' —Y , F=- nena,wongmne ao I Use AveryO Template 51600 Feed Paper - expose Pop-Up EdgeTM C 114 211 14 114 222 11 114 222 12 Conrad Salinas David A Goff Peter & Cindy J Jackson 23048 Victoria St 5212 River Ave 5208 River Ave Grand Terrace, CA 92313 Newport Beach, CA 92663 Newport Beach, CA 92663 114 222 13 114 222 15 114 222 16 Peter Case Fildes Robert & C Blackman Debra Brinkman 23 Bayside 5112 River Ave 5115 Lido Sands Dr Irvine, CA 92614 Newport Beach, CA 92663 Newport Beach, CA 92663 114 222 17 114 222 18 114 222 31 Nancy Mitchell Richard Slocum Sands Community Assn Lido 5201 Lido Sands Dr 5205 Lido Sands Dr PO Box 1373 Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92659 047 042 17 045 10109 045 102 11 425 30Th Street LLC Joseph W Moody G & L Wooters 425 30Th St 2532 Dupont Dr 2482 Newport Blvd #8 Newport Beach, CA 92663 Irvine, CA 92612 Costa Mesa, CA 92627 047 033 16 047 043 25 423 022 18 Maddie Em LLC James L & Susan S Stinson Thomas P & Wendy D Herring 7 Currents 25881 Desert Trl 127 43rd St Newport Coast, CA 92657 Laguna Hills, CA 92653 Newport Beach, CA 92663 424 504 03 114 211 17 114 211 18 1 Scott & Julie A Heck Cliff Atkinson Halvor L Harley Iii 5115 River Ave #A 5009 Lido Sands Dr 5015 Lido Sands Dr Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 114 211 19 114 211 20 114 211 21 John J Rinek Angela Doheny Lansford 5019 Lido Sands Dr 5023 Lido Sands Dr 634 E Norman Ave Newport Beach, CA 92663 Newport Beach, CA 92663 Arcadia, CA 91006 114 211 22 114 211 23 114 211 25 Gerald Proccacino Scott K Endsley Robert G Felton 5105 Lido Sands Dr 12625 High Bluff Dr #306 41 Balboa Coves Newport Beach, CA 92663 San Diego, CA 92130 Newport Beach, CA 92663 114 211 26 047 052 28 114 21127 William J Toner Neil J Powers Michael Voorhees 2306 Macdonald Ln 3408 Marcus Ave 5012 River Ave Flossmoor, IL 60422 Newport Beach, CA 92663 Newport Beach, CA 92663 114 21128 114 211 30 114 211 31 Judie K Collins George Thom Robert Wayne Brown Jr. 5008 River Ave 1763 Alexander Dr 507 Clubhouse Ave Newport Beach, CA 92663 Bloomfield Hills, MI 48302 Newport Beach, CA 92663 @tiquettes faciles a peler i Sens de Repliez a la hachure afin de www,averycom i Utilisez le gabarit AVERY® 59600 chargement r6veler le rebord Pop -UpTMI 1- 800-GO -AVERY r d «,® ® i o - Bend wongalne toTM j,� j� �p 5160® i Use Avery Template 5160 d Feed Paper expose Pop-Up Edge 423 02108 423 02109 423 021 10 Bank City National William Lawson Martin Kenneth Tolman 555 S Flower St #10 112 45th St 3214 Ocean Front W Los Angeles, CA 90071 Newport Beach, CA 92663 Newport Beach, CA 92663 423 021 15 423 021 16 423 021 18 Robert D Milne Thomas W Vennum li Joanna M Delaender 2432 Greens Ave 123 44th St 1819 Port Stirling PI Henderson, NV 89014 Newport Beach, CA 92663 Newport Beach, CA 92660 423 021 20 423 021 21 423 021 23 James M Gregory Albert Daher Robert Buckland 13144Th St 456 Audraine Dr 130 45th St Newport Beach, CA 92663 Glendale, CA 91202 Newport Beach, CA 92663 423 022 01 423 022 03 423 022 05 Edward 1 Clark Traci Wardy Donald A Devine <Null> <Null> 3535 Coast Hwy E 2156 Rural PI <Null>, <Null> 0 Corona Del Mar, CA 92625 Costa Mesa, CA 92627 423 022 07 424 452 06 423 02104 ElmerJ &Judith N Lave rtu Matthew Jones John N Dodd 6910 Galatina PI PO Box 2388 68900 Minerva Rd Rancho Cucamonga, CA 91701 Fullerton, CA 92837 Cathedral City, CA 92234 423 022 15 423 022 16 423 022 19 Annette Martin Cynthia E Cain Schaffer Frank G Pierce 6910 Ferncroft Ave 123 43rd St 2130 Ramona Ave San Gabriel, CA 91775 Newport Beach, CA 92663 La Habra, CA 90631 423 022 20 423 023 01 423 023 02 Donald Cullen Maynard E Wilson Joseph A Zicree 1851 Bayport Way 1241 Summershade Dr 1225 Ensenada Ave Newport Beach, CA 92660 La Habra, CA 90631 Laguna Beach, CA 92651 423 023 03 423 023 04 423 023 06 Krupali KTejura Terry Ragan Jack Kayajanian 126 43rd St 1390 Quail Lake Loop 1806 Santiago Dr Newport Beach, CA 92663 Colorado Springs, CO 80906 Newport Beach, CA 92660 423 023 08 423 023 09 423 023 10 Elsie M Leavy Emerald Financial LLC Charles Darquea 114 43Rd St #B PO Box 3691 3733 Macbeth Dr Newport Beach, CA 92663 Dana Point, CA 92629 San Jose, CA 95127 423 023 11 423 023 12 423 023 14 Mark P Sork Nbh LLC William P Wasserman 140 Newport Center Dr #260 111 42Nd St 3001 Deep Canyon Dr Newport Beach, CA 92660 Newport Beach, CA 92663 Beverly Hills, CA 90210 ttiquettesfacilesApeter i Repliezalahachureafinde www.avery.com Utilisez le gabarit AVERY® 51600 i Sens de rev6ler le rebord Po U T° ' r � chargement P P � 1- 800 -GO -AVERY b y< «. ......... Use AveryO TEMPLATE 51600 wWw.nvery.wm 1- 800 -GO -AVERY �/�� V AMER Y8 5160® 423 023 15 424 411 01 424 41102 William H May Vincent Hugh Zimmerer Scott D Laidlaw 18471 Villa Dr <Null> <Null> 4719 River Ave Villa Park, CA 92861 <Null>, <Null> 0 Newport Beach, CA 92663 424 41107 424 41108 424 41109 Ronald H Eoff Gunter C Mayer Steven W Gentile 1223 Via Presa PO Box 3073 4702 Neptune Ave San Clemente, CA 92672 Newport Beach, CA 92659 Newport Beach, CA 92663 424 411 12 424 412 05 424 412 07 James A Anderson Gregory D Mcdonald Marianne Tassio <Null> <Null> 2547 Foothill Ln 122 47th St <Null >, <Null> 0 Brea, CA 92821 Newport Beach, CA 92663 114 222 19 114 211 16 114 211 32 Salinas H S& D Taylor D L& Q A Rogers 23048 Victoria St 5005 Lido Sands Dr 11020 Muirfield Dr Grand Terrace, CA 92313 Newport Beach, CA 92663 Rancho Mirage, CA 92270 114 222 14 423 02102 423 326 01 D L & QA Rogers Bradford S Bowman Marion Laurel lane Plato 11020 Muirfield Dr 21301 Tulsa St 12573 Westmont Or Rancho Mirage, CA 92270 Chatsworth, CA 91311 Moorpark, CA 93021 423 32602 423 326 03 423 326 04 Richard Noel Salmonson Barry) Fieldman Randy Hood 822 Production PI 2061 Troon Dr 3909 Seashore Dr Newport Beach, CA 92663 Henderson, NV 89074 Newport Beach, CA 92663 423 326 06 423 326 07 423 326 08 John K Obrien William H May Theodore 0 Stein Jr. PO Box 3209 18471 Villa Dr 16869 Oak View Dr Newport Beach, CA 92659 Villa Park, CA 92861 Encino, CA 91436 423 327 01 423 022 08 423 022 09 City Of Newport Beach Schmucker William G 3rd Carl 5 Brown PO Box 1768 1 Capri 2581 Park Ave Newport Beach, CA 92658 Laguna Niguel, CA 92677 Laguna Beach, CA 92651 423 022 10 423 295 08 423 295 09 Bill Bhaskar Mona Naffa Joseph Chelstowski 110 44th St <Null> <Null> 404 N Berry St Newport Beach, CA 92663 <Null >, <Null> 0 Brea, CA 92821 423 295 10 423 296 03 424 411 04 Douglas John Gibson Joseph A Balbas Schorr 209 43rd St 8931 Shore Cir 19106 Marlia Ct Newport Beach, CA 92663 Huntington Beach, CA 92646 Tarzana, CA 91356 @09 LS OANSAW ® AH3AV-O9-008-L ®091.5 ilaege6 al zesilian wO»Gane-MMM ® apldea 86e430s a is aBeaanoggue uolssaadwl jam ana smuage rree rnnnng www.avery.com /fit ® 5160® Use Avery@ TEMPLATE 51600 - 1- 800 -GO -AVERY V 424 413 22 424 414 02 423 023 16 Michelle A Baccaro James Skipper Taylor -St Halikis Properties LP 131 45th St <Null> <Null> 3905 Via Campesina Newport Beach, CA 92663 <Null >, <Null> 0 Palos Verdes Estates, CA 90274 423 023 17 423 023 18 424 414 05 Mohammad & Cynthia Kanakriyeh Greg Dziuk Lucy Hoelzel 13781 Staghorn Ct PO Box 5248 8726 Shannon River Cir Yucaipa, CA 92399 Fullerton, CA 92838 Fountain Valley, CA 92708 424 415 02 424 415 03 424 412 15 Antoinette Everett Matthew Heinz Robert K Shepherd 4612 Seashore Dr 4608 Seashore Dr 127 46th St Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 424 412 16 424 412 17 424 413 02 Alford J Beck Leonard J Lovalvo Everett Jackson Kidd Jr. 208.5 35th St 2469 W Stuart Ave 17842 Cardiff Cir Newport Beach, CA 92663 Fresno, CA 93711 Huntington Beach, CA 92649 423 321 11 423 326 05 424 441 01 David F & Marlyne 1 Diamond My House LLC Laurie E Stiel Ill St 130 N Brand Blvd #400 4611 Seashore Dr Newport Beach, CA 92663 Glendale, CA 91203 Newport Beach, CA 92663 424 44102 424 44103 424 44104 Melvin L Reich Nevine Fanous Rofael Allan H Stokke 4609 Seashore Dr 3922 Sirius Dr 4605 Seashore Dr Newport Beach, CA 92663 Huntington Beach, CA 92649 Newport Beach, CA 92663 424 442 01 424 442 02 424 442 03 Andrew E Kaplan 4509 Seashore Dr LLC Barbara A Tolman 16361 Chella Dr 6720 N Scottsdale Rd #130 3214 Ocean Front W Hacienda Heights, CA 91745 Scottsdale, AZ 85253 Newport Beach, CA 92663 424 442 04 424 442 06 423 311 17 Kenneth Tolman Leslie D Barnes Paul V O'Connell 3214 Ocean Front W 4571 Birdie Cir 22480 Mission Hills Ln Newport Beach, CA 92663 Corona, CA 92883 Yorba Linda, CA 92887 423 314 04 423 314 05 423 32101 Roger M Fryer John Majkoski Pati K Kamerman 12172 Woodlawn Ave <Null> <Null> 8609 Vineyard Ridge Rd Ne Santa Ana, CA 92705 <Null>, <Null> 0 Albuquerque, NM 87122 423 321 02 423 32103 423 321 04 Douglas E Billings Mary F Baccaro Tristan L & Joanne J Aley 128 40th St <Null> <Null> 124 40th St Newport Beach, CA 92663 <Null >, <Null> 0 Newport Beach, CA 92663 A83AV-O9-008-L ®09LS ilaege6 al zasllgn ®09LS p�gJJ `� wo:)YGane•AAMM © apldea 06e439s a la a6e.i.moclque uolssaidw! Jam and Smudge Free Printing o www.avery.com A%7[ERY® 51600 Use Avery ®TEMPLATE 51600 1- 800 -GO -AVERY V 423 32106 423 32108 423 321 16 Askin Newport LLC G & S Properties Richard B Swinney 806 Wilson St 2528 Oakmont Ave 2029 Port Bristol Cir Laguna Beach, CA 92651 Santa Ana, CA 92706 Newport Beach, CA 92660 423 321 17 423 321 19 423 322 01 Robert A Sandoval George Applebaum Richard E Sprague 5611 Dawes Ave 131 39th St <Null> <Null> Alexandria, VA 22311 Newport Beach, CA 92663 <Null >, <Null> 0 423 322 02 423 322 03 423 322 04 T Muthu Kumar Edward Joseph Vergara Richard Mage Keller 26 Finca 5831 Trophy Dr 9364 Hazen Dr San Clemente, CA 92672 Huntington Beach, CA 92649 Beverly Hills, CA 90210 423 322 05 424 413 04 424 412 11 William P Weir Don C Hokanson Audrey L Hirst 125 Emerald Bay 422 N 1200 E 1525 W Doris PI Laguna Beach, CA 92651 Bountiful, UT 84010 Anaheim, CA 92802 424 412 13 423 322 07 423 322 08 Eric E Lemke li8 39Th Street LLC June Partnership 8527 Otto St 118 39th St 3419 Via Lido #617 Downey, CA 90240 Newport Beach, CA 92663 Newport Beach, CA 92663 423 322 09 424 413 06 424 413 07 Forte Investments LLC Edwin C Johnson Jr. Donna Shaye Grubbs 1308 Beverly Estates Dr PO Box 924 24412 Barbados Dr Beverly Hills, CA 90210 Cedar Glen, CA 92321 Dana Point, CA 92629 424 413 08 424 413 09 424 413 12 Ahmad Masri Kenneth A & Mary S Bryant Michael J Marker 118 46th St 116 46th St 10302 Glasgow PI Newport Beach, CA 92663 Newport Beach, CA 92663 Los Angeles, CA 90045 424 413 14 424 413 16 424 413 17 Bradley E Roach Philip P Porretta Everett D Rivers 1990 Port Edward Cir 21625 Fairwind Ln 200 Harbor Dr #503 Newport Beach, CA 92660 Diamond Bar, CA 91765 San Diego, CA 92101 424 413 18 424 413 19 424 413 21 Christopher Nolan Iii Josephine D King Richard Hudson Share 67 Commons Rd 2105 Balboa Blvd E PO Box 1003 Germantown, NY 12526 Newport Beach, CA 92661 Pacific Palisades, CA 90272 423 311 18 423 311 19 423 312 01 Kent A Stafford Alex Pereira Michael A Vindigni 521 E Avenida San Juan 207 Lugonia St 128 41st St San Clemente, CA 92672 Newport Beach, CA 92663 Newport Beach, CA 92663 A113AV-09-008-1• ®o9ls }uege6 al zeslll ;n ®09 LS ®AWMAV o wortiana•nnMnn ® apldea a6eg:)as a ;a a6eaanogl;ue uolssaidwl Y Use Avery® TEMPLATE 51600 www.avery.com 1- 800 -GO -AVERY 1/�1 V AVERY& 51600 423 312 02 423 312 03 423 312 04 R P Resos Roger M Fryer Robert L Brockman 413 Santa Ana Ave 12172 Woodlawn Ave PO Box 599 Newport Beach, CA 92663 Santa Ana, CA 92705 Coloma, CA 95613 423 312 05 423 312 06 423 312 08 Lois I Snowden Priscilla A Of Ahern John Majkoski 2477 Salamanca 1310 Balboa Blvd E <Null> <Null> La Verne, CA 91750 Newport Beach, CA 92661 <Null >, <Null> 0 423 312 09 423 312 11 423 312 14 Richard L Babineau Steven J Turansky Edwin H Van Den Bossche 110 41st St 11140th St #A -B 121 40th St Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 423 312 17 423 313 02 423 313 03 Kelly F Mcdohough Henry Sai Wing Hu Rafik Y Kamell 33821 Chula Vista Ave 3115 Chadney Dr 4005 Seashore Dr Dana Point, CA 92629 Glendale, CA 91206 Newport Beach, CA 92663 423 313 05 423 313 06 423 313 07 Charles P Cusumano T Oscar Clevidence Jr. Barbara A Tolman 101 S 1st St #400 4011 Seashore Dr 3214 Ocean Front W Burbank, CA 91502 Newport Beach, CA 92663 Newport Beach, CA 92663 423 313 08 423 32109 423 321 15 Kenneth Tolman Amen Wardy Laurie E Stiel 3214 Ocean Front W 3535 E Coast Hwy #363 4611 Seashore Dr Newport Beach, CA 92663 Corona Del Mar, CA 92625 Newport Beach, CA 92663 423 307 06 423 311 11 423 311 12 City Of Newport Beach Traci Tolman Wardy Bonnie A Qualif Goler PO Box 1768 3535 E Coast Hwy #363 233 N Beachwood Dr Newport Beach, CA 92658 Corona Del Mar, CA 92625 Los Angeles, CA 90004 423 311 14 423 311 15 423 311 16 John Walter Cox Iii Paul Linder Christine M Milligan 310 62nd St 12244 Circula Panorama 121 41st St Newport Beach, CA 92663 Santa Ana, CA 92705 Newport Beach, CA 92663 423 322 10 423 322 11 423 322 12 Ben E & Sally Lofstedt Randal C Gale Julio A Bypass Carias 17440 Lori Ann Ln 1840 W Whittier Blvd 412 W Lincoln Ave Cerritos, CA 90703 La Habra Heights, CA 90631 Montebello, CA 90640 423 322 14 423 322 15 423 322 16 Catherine A Wiley George Halburian Loren Peter Hansen 52881 Whirlaway Trl 2207 Rim Rd 500 38th St La Quinta, CA 92253 Bradbury, CA 91008 Newport Beach, CA 92663 60965 ®ds�1j�� AH3AV- 0D-008-6 60965 z!jege6 al zas!!!1D WOYfJaAe'MMM ® ap!dea a6eq:)as a ;a 95ejanoq!;ue uo!ssaidw! Jam and Smudge Free Printing o www.avery.com Use Avery® TEMPLATE 51600 1- 800 -GO -AVERY 423 322 18 423 322 19 Sally Ann Riebhoff Loren Wayne Brucker 10211 Vassar Ave 316 Coronado St Chatsworth, CA 91311 Newport Beach, CA 92661 423 325 02 423 325 03 Torin W Pavia Sergio Avila <NUII> <NUII> 3809 Seashore Dr <Null >, <Null> 0 Newport Beach, CA 92663 423 325 05 423 023 19 Monica S Moy Mark Nashed 53 Vernal Spg 412 Olive Ave #165 Irvine, CA 92603 Huntington Beach, CA 92648 425 372 38 423 295 02 Suzanne M Pickens Louis Cassesso <Null> <Null> 304 35th St <Null>, <Null> 0 Newport Beach, CA 92663 423 295 05 424 494 06 204 44th St LLC Robert A Elliott 404 Evening Star Ln 1 Inverness Ln Newport Beach, CA 92660 Newport Beach, CA 92660 424 444 04 424 444 05 Farouk Agrama Frank Agrama 7655 W Sunset Blvd 2265 Canyonback Rd Los Angeles, CA 90046 Los Angeles, CA 90049 424 451 03 424 451 05 Anthony E Stauffer Sam Dekruyf 5007.5 Seashore Dr 8919 Merrill Ave Newport Beach, CA 92663 Chino, CA 91710 424 452 01 424 452 02 L Ramon Bonin Vmf 32275 Peppertree Bnd 2560 E Chapman Ave #173 San Juan Capistrano, CA 92675 Orange, CA 92869 424452 04 424 452 05 Kidushim Juanita Siriani 4905,5 Seashore Or 4903 Seashore Dr Newport Beach, CA 92663 Newport Beach, CA 92663 424 494 02 424 494 03 David E Caruso Jr. Russell Enterprises Inc 5109 Seashore Dr PO Box 1130 Newport Beach, CA 92663 Cedar Glen, CA 92321 Da °AVE1[7Y051600 423 325 01 Nasir Musa Y 335 Sharon Rd Arcadia, CA 91007 423 32504 Anita M Dorney 3807 Seashore Dr Newport Beach, CA 92663 047 05101 Michael J Roberts 1135 SW Myrtle Ct Portland, OR 97201 423 29503 Frances C Stewart 428 Old Newport Blvd Newport Beach, CA 92663 424 506 11 Alan K Miyasaki 5112 Seashore Dr Newport Beach, CA 92663 424 45101 William Meyer 5011 Seashore Dr Newport Beach, CA 92663 424 451 06 Ronald J Arakelian Jr. PO Box 60009 City Of Industry, CA 91716 424 452 03 Edward J Herbst 5195 Las Vegas Blvd S Las Vegas, NV 89119 424 494 01 Stanley N &Jacquelyn Gottlieb 3374 Federal Ave Los Angeles, CA 90066 424 494 04 Richard S Taylor 5105 Seashore Dr Newport Beach, CA 92663 A113AV-09 -008-1 ®0g 6s 3laegeb al zasgl }D ®0915 woriGanWAAAAAA ® apldea a6eyaas a 19 a6e.unogllue uolssaidwl Jam and Smudge Free Printing ° www.avery.com Use Avery® TEMPLATE 5160® 1- 800 -GO -AVERY 424 494 05 424 503 10 Delapena Whitt Properties Llc 5103 Seashore Dr 5206 Neptune Ave Newport Beach, CA 92663 Newport Beach, CA 92663 424 506 10 424 506 13 Robert Smith Carl Frankson 5935 E Wildrose Or 34 Rockingham Dr Orange, CA 92867 Newport Beach, CA 92660 424 503 05 424 503 06 Robert L Rush William W Green 5205 River Ave #A 3419 Via Lido 4607 Newport Beach, CA 92663 Newport Beach, CA 92663 424 504 02 424 504 04 Lorraine C Bernardy Gregory M Enriquez 16 Barlovento Ct 20 Burr School Rd Newport Beach, CA 92663 Westport, CT 6880 424 504 06 424 504 07 Steve Emerson William LSpaulding 13700 Alton Pkwy #154 5100 Neptune Ave Irvine, CA 92618 Newport Beach, CA 92663 424 504 10 424 504 11 Joseph W Price Allen Jackel 116 Via Undine 11368 Cadence Grove Way Newport Beach, CA 92663 San Diego, CA 92130 423 29103 423 291 05 James W Crawford IF Daniel A Teitscheid 1725 Little Big Horn Ave 3808 River Ave Placentia, CA 92870 Newport Beach, CA 92663 423 29108 424 503 09 Stuart Gray Lorraine J Poggione PO Box 20050 102 Vonnie Ct Fountain Valley, CA 92728 Folsom, CA 95630 424 443 06 424 444 03 Nancy K Abrams Robert Michael Pernecky <Null> <Null> 3650 Karen Sue Ln <Null >, <Null> 0 Flintridge, CA 91011 425 25101 425 261 17 Joanne S Separate P Calkins Hilaria Properties LLC 4238 Patrice Rd 1412 E Oceanfront Newport Beach, CA 92663 Newport Beach, CA 92661 U AVERW 51600 424 504 01 City Surf Management Grp LLC 5123 River Ave Newport Beach, CA 92663 424 506 15 Ronald 0 Davies 27602 Gold Dust Ln Laguna Hills, CA 92653 424 503 07 Amen Wardy 3535 E Coast Hwy #363 Corona Del Mar. CA 92625 424 504 05 John A Miller 5105 River Ave Newport Beach, CA 92663 424 504 09 Dennis Sein 3810 River Ave Newport Beach, CA 92663 424 504 12 Marilyn Moreira 19451 Pompano Ln #101 Huntington Beach, CA 92648 423 29106 Marilyn Jo Hughes 431 Canal St Newport Beach, CA 92663 424 443 01 Albert H Jones 4411 Seashore Dr Newport Beach, CA 92663 424 506 09 Mclaughlin 5204 Seashore Dr #B Newport Beach, CA 92663 423 325 06 Piatt - Bosserman 2803 Seashore Dr Newport Beach, CA 92663 AH]IAV-09-008-L 009LS llaege6 al zasinin ®0%s pAWJ 3/aj V a w0:)*)U8ne'nnMM © apldea a6eq:)as a ;a a6eianogljue uolssaidwl Jam and Smudge Free Printing ® www.avery.com Use Avery® TEMPLATE 51600 1- 800 -GO -AVERY 425 373 37 425 261 18 Bank Of New York Mellon 2007 -Oa3 Hilaria Properties Llc <Null> 1412 E Oceanfront <Null> <Null> Newport Beach, CA 92661 <Null >, <Null> 0 425 261 07 425 261 09 Barry Saywitz Properties Jean- Jacques Bouche 4740 Von Karman Ave #100 PO Box 691774 Newport Beach, CA 92660 West Hollywood, CA 90069 42S25103 425 25104 Lefebvre Lefebvre 4 Weymouth Ct 4 Weymouth Ct Newport Beach, CA 92660 Newport Beach, CA 92660 425 25107 425 261 12 Barry Saywitz Properties Trommald 4740 Von Karman Ave #100 8055 E Rosina St Newport Beach, CA 92660 Long Beach, CA 90808 425 261 16 425 261 20 Michael C Leventhal Coast Apartment Homes 1 27 Lindall St 4 Hutton Centre Dr 4720 Laguna Niguel, CA 92677 Santa Ana, CA 92707 424 463 02 424 463 03 Newport River Re Holdings LLC Berit Monsrud Mitchell 4831 River Ave 112 Via Lido Nord Newport Beach, CA 92663 Newport Beach, CA 92663 424 463 05 425 25109 Saywitz Props One Barry Robert A & Alicia H Darman 4819 River Ave 4233 Hilaria Way Newport Beach; CA 92663 Newport Beach, CA 92663 425 251 12 425 251 14 Prop Pvc Paul D Copenbarger 5215 E Chapman Ave #45 4 Hutton Centre Dr #720 Orange, CA 92869 Santa Ana, CA 92707 424 461 02 424 461 03 Berit Monsrud Mitchell Barry Saywitz Property 112 Via Lido Nord 4740 Von Karman Ave #100 Newport Beach, CA 92663 Newport Beach, CA 92660 424 46105 424 46106 Barry Saywitz Properties David S Wooters 4740 Von Karman Ave #100 20442 Bay View Ave Newport Beach, CA 92660 Newport Beach, CA 92660 425 26106 Barry Saywitz Properties 4740 Von Karman Ave #100 Newport Beach, CA 92660 425 25102 James H Mckennon 1930 Port Dunleigh Cir Newport Beach, CA 92660 425 251 05 Constance S Mcbrien 1812 Antigua Cir Newport Beach, CA 92660 425 261 15 Teed LLC 932 Sandcastle Dr Corona Del Mar, CA 92625 425 261 21 Paul D Copenbarger 4 Hutton Centre Dr #720 Santa Ana, CA 92707 424 463 04 Ebbtide Properties LLC 1101 Ebbtide Rd Corona Del Mar, CA 92625 425 251 10 Klose 132 Via Trieste Newport Beach, CA 92663 425 251 15 Paul D Copenbarger 4 Hutton Centre Or #720 Santa Ana, CA 92707 424 46104 Barry Saywitz Properties 4740 Von Karman Ave #100 Newport Beach, CA 92660 424 46107 Irmgard H Young 5000 Neptune Ave Newport Beach, CA 92663 AN3AV-OD-008-L 009LS 3!jege6 al zas!nin o09LS ®�� o worlCJane'MMAA ® ap!dea afiegaas a ;a a6emnoq!1ue uo!ssaidwl jam ano �muage rree rnnnn9 Use Avery® TEMPLATE 5160® www.avery.com T/�� AVERY® 51600 1- 800 -GO -AVERY U &, 424 461 08 425 372 18 425 372 19 Victor ZampareIIi Irene Louise Loudon Benjamin W & Johanna J Peters 180 5 Mansfield Ave 4227 Patrice Rd 4223 Patrice Rd Los Angeles, CA 90036 Newport Beach, CA 92663 Newport Beach, CA 92663 425 372 20 425 372 23 425 372 24 Louise S Greeley Partnership Mark Landgaard Lillian Jean Weissman 16 Swift Ct 4209 Patrice Rd 265 Mesa Dr #E Newport Beach, CA 92663 Newport Beach, CA 92663 Costa Mesa, CA 92627 424 412 08 425 373 33 425 373 34 Schlocker Properties LLC John M Trenfield Alice Rail 118 47th St 4300 Patrice Rd PO Box 780 Newport Beach, CA 92663 Newport Beach, CA 92663 Waterloo, IA 50704 425 373 35 424 463 08 424 463 09 Elisabeth Halsteen ManouchehrMoshayedi Gregory John Wiggins 430 Orion Way 2121 Bayside Dr 4801 River Ave Newport Beach, CA 92663 Corona Del Mar, CA 92625 Newport Beach, CA 92663 424 463 10 424 463 11 424 453 02 Louis Narens Horgan Rich Mchugh 4800,5 Neptune Ave 17 S Peak 4809 Seashore Dr Newport Beach, CA 92663 Laguna Niguel, CA 92677 Newport Beach, CA 92663 424 454 01 424 461 12 424 463 12 Carol Wior Providence Investment ErnestJ Eredia 7533 Garfield Ave 2443 Coast Hwy E 4804 Neptune Ave Bell Gardens, CA 90201 Corona Del Mar, CA 92625 Newport Beach, CA 92663 114 211 29 424 463 15 424 463 16 Eric Foss Frank Chee Scott W Arnold 5004 River Ave 16922 New Pine Dr 4814 Neptune Ave Newport Beach, CA 92663 Hacienda Heights, CA 91745 Newport Beach, CA 92663 424 464 02 424 464 03 424 464 04 Rodolmiro Mendez Lillian K Light Mark Pound 125 S Harding Ave <Null> <Null> 5004 Seashore Dr Anaheim, CA 92804 <Null>, <Null> 0 Newport Beach; CA 92663 424 464 05 424 464 06 424 464 07 Jerry Morter Velma N Weltmer Dennis Buchanan 433 W Brookdale PI '2900 Redwood Cir 1507 Ridgemont Ct Fullerton, CA 92832 Fullerton, CA 92835 Fullerton, CA 92831 424 464 08 424 464 09 425 372 26 Randal & Debra Gale David Brian Bent Christopher) Valentine 2034 Ahuacate Rd PO Box 1712 PO Box 6254 La Habra Heights, CA 90631 Newport Beach, CA 92659 Irvine, CA 92616 ®09L5 oLb�1J �� ® A83AV- 09--008-1 009Ls l!jege6 al zasp! ;D worj(jane•nnennA © ap!dej a6eg�as a ;a a6ejjnog!;ue uolsso' jdwl u mnuuyc "cc ruuuuy wW W.ave1y.wi° U& AVSRY0 51600 Use Avery® TEMPLATE 51600 1- 800 -GO -AVERY V 425 372 28 425 372 29 425 372 30 Jim E Gabriel Alison Carol Daley Marion J Distefano 22 Barcelona Dr 405 Flagship Rd 201 N Orange Grove Blvd #524 Rancho Mirage, CA 92270 Newport Beach, CA 92663 Pasadena, CA 91103 423 29109 424 464 13 424 454 02 Daniel Trubiroha Scipio M Carnecchia Beverly A Evans 4411 River Ave 2484 Ramona St 4709 Seashore Dr Newport Beach, CA 92663 Palo Alto, CA 94301 Newport Beach, CA 92663 424 454 03 424 454 04 424 454 05 Tms Beach Properties LLC Lee Jay Gittleman Eleanor Todd 1201 S. Alma School Rd #9500 4705 Seashore Dr 4703 Seashore Dr Mesa, AZ 85210 Newport Beach, CA 92663 Newport Beach, CA 92663 424 454 06 424 462 04 424 462 07 Keith & LAllen Charles S Manning Charles A Darquea 13921 Olive View Dr 29214 Old Wrangler Rd 3733 Macbeth Dr Sylmar, CA 91342 Canyon Lake, CA 92587 San Jose, CA 95127 424 462 11 .42446301 114 21140 David Charles Seyller White Vincent Davitt PO Box 18020 14 Swift Ct 3620 Figueroa St Irvine, CA 92623 Newport Beach, CA 92663 Glendale, CA 91206 425 372 33 425 372 34 425 372 36 Lane P Curtis Rebecca Holliman David Lepeer 4214 Spindrift Way 4218 Spindrift Way 403 Orion Way Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 425 372 37 425 373 38 423 021 12 Gianfranco Penso Candice Kaiden Laing 4301 Patrice Rd 436 Orion Way 1 Tiburon Bay Dr Newport Beach, CA 92663 Newport Beach, CA 92663 Corona Del Mar, CA 92625 424 462 01 425 372 35 423 296 08 William Stulz Joyce Howard & L Frumin 4923 River Ave 3056 Corte Marin 27332 Silver Creek Or Newport Beach, CA 92663 Newport Beach, CA 92660 San Juan Capistrano, CA 92675 424 412 09 423 312 18 425 26101 Corynne Levine Richard Wahler Newport Lido Medical 115 46th St 155 Cypress Dr 351 Hospital Rd #307 Newport Beach, CA 92663 Laguna Beach, CA 92651 Newport Beach, CA 92663 425 26103 425 261 04 930 614 39 At Newport Avalon At Newport Avalon Michael J Dominguez 23 Corporate Plaza Dr #190 23 Corporate Plaza Dr #190 4900 Seashore Dr #A Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92663 09L5 AN3AV-09-008-I. @o9ts;laege6 al zasilm 0 OAMBAW ® wor/faane MMM ® apldea 96e4:)as a ja a6eaanogl;ue uoissa.idwl jam ana �mua a rme rrinxing www.dVery.L0111 ��® 5160 Use Avery® TEMPLATE 5160® 1- 800 -GO -AVERY u 933 94108 424 46414 423 296 09 Zaki Mevco LLC Howard & L Frumin 8 N Slope Ln 5 Ridgecrest 27332 Silver Creek Dr Pomona, CA 91766 Aliso Viejo, CA 92656 San Juan Capistrano, CA 92675 045 094 03 424 441 06 424 504 08 T5 Premier Investments LLC Tcob Allen PO Box 6819 42480 Rio Nedo 3521 Emma Ln Corona, CA 92878 Temecula, CA 92590 Vista, CA 92084 423 29102 424 506 12 424 453 04 William L & Joann D Martin Iii Alan K Miyasaki William Beck 550 S Hope St #12600 5112 Seashore Dr 4805 Seashore Dr Los Angeles, CA 90071 Newport Beach, CA 92663 Newport Beach, CA 92663 424 461 10 423 322 17 047 043 23 John & Stephanie Larson Casitas Bmv LLC Hynes 8887 Hidden Farm Rd 123 38th St 7 Trafalgar Rancho Cucamonga, CA 91701 Newport Beach, CA 92663 Newport Beach, CA 92660 424 46101 423 296 01 425 372 22 Avilas Bp LLC Peter W Nourse Jr. Cory P & Melissa L Classen 5023 River Ave 212 43rd St 4211 Patrice Rd Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 425 372 31 423 022 02 424 443 02 Roshy Nagani Almila E & Memduh Gunal Close 4206 Spindrift Rd 128 44th St 1915 Bayadere Ter Newport Beach, CA 92663 Newport Beach, CA 92663 Carona Del Mar, CA 92625 047 043 12 423 02106 425 372 25 Westrem Alice P Erkelens Adam B Connors 1006 E Balboa Blvd 120 45th St 415 Flagship Rd Newport Beach, CA 92661 Newport Beach, CA 92663 Newport Beach, CA 92663 047 032 04 423 291 13 423 321 14 Charlotte LJackson Gary & Carla Parmeter Bruce Sandie 510 31st St 4606 W Balboa Blvd PO Box 1744 Newport Beach, CA 92663 Newport Beach, CA 92663 Orangevale, CA 95662 423 322 13 424 462 08 424 463 07 Michael Manser Multifamily Holdings M2 LLC Huguette S Wilson 36 Castaways N PO Box 4299 4809 River Ave Newport Beach, CA 92660 Newport Beach, CA 92661 Newport Beach, CA 92663 424 415 01 424 462 12 424 41214 Marc Rozenberg Salisbury LP Herman & Zaida Carstens 10181 Birchwood Dr 4910 Neptune Ave 6884 Chartwell Dr Huntington Beach, CA 92646 Newport Beach, CA 92663 Riverside, CA 92506 A83AV -09 -008 -1, ®o9LS llaege6 al zaslll ;0 @09LS o wow(jane'nnnnnn ® apldea 96eg:)as a 19 96ejanogl1ue uolssaadwl jam ana �muoge rree rnncnng Use AveryO TEMPLATE 51600 424 413 01 Mark Geragos 644 S Figueroa St Los Angeles, CA 90017 424 41103 Schorr <Null> <Null> <Null> <Null >, <Null> 0 423 021 22 Forell Properties LLC 20820 Circulo Bajo Yorba Linda, CA 92887 930 614 49 Bryan D Piteck 18900 Sea biscuit Run Yorba Linda, CA 92886 930 614 36 Robert L Freed 5 Live Oak Irvine, CA 92604 930 614 46 Barry Saywitz Properties 4740 Von Karman Ave #100 Newport Beach, CA 92660 933 941 07 Louis Lopez 129 39Th St #A Newport Beach, CA 92663 933 940 93 Stacey Pierson <Null> <Null> -, <Null> 0 424 415 05 Goodman 4600 Seashore Dr Newport Beach, CA 92663 933 940 46 Rimmer 278 Morning Canyon Rd Corona Del Mar, CA 92625 www.avery.com ® 1- 800 -GO -AVERY 424 444 01 M & S Moshayedi 415 Avocado Ave Corona Del Mar. CA 92625 425 251 11 Harvey & Carol Mendoza 2271 Orchard Dr Newport Beach, CA 92660 423 022 06 John B & Deborah L Jakubek 120 44th St Newport Beach, CA 92663 930 614 53 Sergio Avila 3809 Seashore Dr Newport Beach, CA 92663 930 614 37 Patrick Z Glance PO Box 15013 Newport Beach, CA 92659 930 614 50 126 1 & 2 47th Street 4560 S Decatur Blvd #202 Las Vegas, NV 89103 930 104 01 Craig Lewandowski 118 43rd St #1 Newport Beach, CA 92663 933 940 94 Jeffrey B Cunningham 129 Karen Way Atherton, CA 94027 933 94103 Martin V Marten PO Box 287 Spirit Lake, IA 51360 425 251 13 Thomas M & Kathleen A Havelka 4632 Laurelwood Dr Santa Maria, CA 93455 U& AVERW 51600 425 251 08 Robert S & Michelle A Mahl 18 Corte Vidnosa San Clemente, CA 92673 423 021 11 Caren L Laing 111 44th St Newport Beach, CA 92663 930 614 52 Sergio Avila 3809 Seashore Dr Newport Beach, CA 92663 930 614 02 David M Thomas 10786 N Eagle Crest Ln Fresno, CA 93730 930 614 43 S A Katz Construcion Co 20343 Delita Dr Woodland Hills, CA 91364 930 614 48 Larry Jones 22435 Rosebriar Mission Viejo, CA 92692 930 104 09 Harry S Rosenberger 4618 Ranger Ave El Monte, CA 91731 424 463 14 George Turk 213 40th St Newport Beach, CA 92663 933 940 45 Carol Lynn Rimmer 2101 Yacht Grayling Newport Beach, CA 92660 939 840 08 Austin P Weir 206 43rd St #A Newport Beach, CA 92663 0915 ®l� Jl � a A83AV-09-008-t @0915 3!jege6 al zas!p ;D ® W0YAJ6Ae'MMM ® ap!dea aI5e4:)9s a ja a6ej.mogpue uolssaidwl jam ana �muage rree rnnang www.avely.wm Use Avery® TEMPLATE 51600 1- 800 -GO -AVERY 939 840 16 939 840 29 Delaine Robin Robert Gronauer 204 43rd St #2 21143rd St #A Newport Beach, CA 92663 Newport Beach, CA 92663 939 720 12 939 720 13 Jerry L Cobb Gary E Calacci PO Box 707 9 Terraza Dr Blue Jay, CA 92317 Newport Beach, CA 92657 424 411 05 423 312 07 Damavandi Marzola 30402 Via Estoril 18871 Sunnyview Cir Laguna Niguel, CA 92677 Yorba Linda, CA 92886 423 022 13 939 840 35 Dan & Cynthia Duddridge Robert L Glassic 12011 Skyway Dr 206 44th St Santa Ana, CA 92705 Newport Beach, CA 92663 045 096 01 045 106 01 City Of Newport Beach City Of Newport Beach PO Box 1768 PO Box 1768 Newport Beach, CA 92658 Newport Beach, CA 92658 424 455 01 424 495 02 City Of Newport Beach City Of Newport Beach PO Box 1768 PO Box 1768 Newport Beach, CA 92658 Newport Beach, CA 92658 047 032 07 423 29101 Westrem City Of Newport Beach 1006 E Balboa Blvd PO Box 1768 Newport Beach, CA 92661 Newport Beach, CA 92658 047 051 02 047 052 02 Van Loon Enterprises Inc Lawrence C Schnack 1355 Paige Ln 3404 Brandywine St Redlands, CA 92373 San Diego, CA 92117 047 052 07 047 052 17 Russell E Fluter William Hansen 2025 Balboa Blvd W 3334 E Coast Hwy #295 Newport Beach, CA 92663 Corona Del Mar, CA 92625 045 101 13 047 052 24 621i Seashore LLC Avila 4790 Irvine Blvd #105 -204 3809 Seashore Dr Irvine, CA 92620 Newport Beach, CA 92663 V h%VM YUR 516019 939 840 30 Mark E Reynolds 7708 E Rainview Ct Anaheim, CA 92808 930 614 42 Joseph E Weisz <Null> <Null> <Null >, <Null> 0 423 021 19 Mark Nashed 412 Olive Ave #165 Huntington Beach, CA 92648 933 940 95 Don G Sowers 120.5 40th St Newport Beach, CA 92663 424 445 01 City Of Newport Beach PO Box 1768 Newport Beach, CA 92658 933 940 92 Timothy A & Barbara J Stehr 10603 Tuxford St Sun Valley, CA 91352 045 102 01 Garrett Seashore LLC 6111 Seashore Dr Newport Beach, CA 92663 047 032 03 Ladorna E Eichenberg 1 Collins Isle Newport Beach, CA 92662 047 033 09 Woods Woodson K PO Box 7049 Kamuela, HI 96743 047 052 32 Marvin P Adler 30123 Skippers Way Dr Canyon Lake, CA 92587 AH3AV-09-008-L @09LS 11aege6 al zasllim (09L5 eAUBAW WOJYCIaAe'MMM © aPldei a6ey:)as a 19 a6ejjno911ue uolssa.idwl jam anu �muage rree rnnuny www.evcy.wu Use Avery® TEMPLATE 5160® 1- 800 -GO -AVERY 047 033 17 045 10203 James C Person Jr. Benedetta Tr -Of Nardon 507 29th St #A 340 Sharon Rd Newport Beach, CA 92663 Arcadia, CA 91007 045 10301 045 10302 Ned P Eckert Newman 6011 Seashore Dr 6009 Seashore Dr Newport Beach, CA 92663 Newport Beach, CA 92663 045 094 10 045 095 22 Ure City Of Newport Beach 27810 Ben Nevis Way PO Box 1768 Yorba Linda, CA 92887 Newport Beach, CA 92658 047 022 11 047 022 12 Cannery Loft LLC Roger Glazer 2912 Lafayette Ave PO Box 672 Newport Beach, CA 92663 Corona Del Mar, CA 92625 047 023 11 047 023 15 Tod W Ridgeway Seaboat LLC 2804 Lafayette Ave 126 16th St Newport Beach, CA 92663 Costa Mesa, CA 92627 114 211 15 114 222 20 Linda Brown Robert C Kyser 5001 Lido Sands Or 5215 Lido Sands Dr Newport Beach, CA 92663 Newport Beach, CA 92663 114 21124 4230210S Clark Antoine & Claire Mansour 948 E Stocker St 615 Clinton PI Glendale, CA 91207 Beverly Hills, CA 90210 423 021 13 423 021 14 Miles B Larson Greg D Brown 115 44th St 119 44th St Newport Beach, CA 92663 Newport Beach, CA 92663 423 022 04 424 442 0S Fernee M Nasser R A& E M Cusumano 3800 Bradford St #129 4503 Seashore Dr La Verne, CA 91750 Newport Beach, CA 92663 423 022 14 423 022 17 Jack Kayajanian Elizabeth Brooks 1806 Santiago Dr 17000 Walnut St Newport Beach, CA 92660 Yorba Linda, CA 92886 V 4%VM RVU 51600 045 10208 One Fine Property Nb LLC 901 N Green Valley Pkwy Henderson, NV 89074 045 111 20 Chatrisa Enterprises LLC 6208 Coast Hwy W Newport Beach, CA 92663 045 101 08 Mario E Antonini 2021 Rosemont Ave #1 Pasadena, CA 91103 047 023 02 Scott F Schock 305 62nd St Newport Beach, CA 92663 114 21142 Morris H Rollins 4808 River Ave Newport Beach, CA 92663 047 052 04 Zach Mm LLC 7 Currents Newport Coast, CA 92657 423 02107 Matthew S Watson 19812 Quiet Surf Cir Huntington Beach, CA 92648 423 021 17 George Nevin 125 44th St Newport Beach, CA 92663 423 022 12 Blue 177 Riverside Ave #1100 Newport Beach, CA 92663 423 023 13 Mark Pound PO Box 1712 Newport Beach, CA 92659 0915 ®dSRjJ��7 A83AV-OD-008-L P 4 @09L51gege6 al zaslnln ® mor,Qane•nnnnnn ® a Ides a6e aas a 1a a6w.mo 11ue uolssa.idtu jam ana �mua a rree rrinxing wavw.aver .wm L41_'LF[IR5160� Use Avery®TEMPLATE 5160® - 1- 800 -GO -AVERY ( 424 411 11 423 02103 423 022 11 Giles F Allison Daniel J Arnold Chieko Kamisato 2112 Felipe 1501 Clearview Ln 4346 Redwood Ave #309 -A Newport Beach, CA 92660 Santa Ana, CA 92705 Marina Del Rey, CA 90292 423 295 12 424 413 23 424 413 24 DominicTucci Henry P Samosa William J Schultz PO Box 1304 76101rondale Ave 12767 Panorama PI Newport Beach, CA 92659 Winnetka, CA 91306 Santa Ana, CA 92705 424 414 01 424 414 03 424 414 04 Yvonne L Richards A & W Llc Jeffrey Lysdale 1315 N Puente St 6720 N Scottsdale Rd #130 4704 Seashore Dr Brea, CA 92821 Paradise Valley, AZ 85253 Newport Beach, CA 92663 423 023 20 424 415 04 423 314 06 Wayne D Diaz Ralph L Wackerbarth T Oscar Clevidence Jr. 6042 Sequoia Ct 657 NW Drake Rd 1862 Pitcairn Dr Pleasanton, CA 94588 Bend, OR 97701 Costa Mesa, CA 92626 423 316 01 423 322 06 424 413 03 City Of Newport Beach Edward Johnson Carolyn P Roskowski PO Box 1768 120 39th St 378 Sausalito Blvd Newport Beach, CA 92658 Newport Beach, CA 92663 Sausalito, CA 94965 424 412 10 424 412 12 424 413 05 Kenneth Tolman Donald Froelich Mary F Baccaro 3214 Ocean Front W 24602 Charlton Dr <Null> <Null> Newport Beach, CA 92663 Laguna Hills, CA 92653 <Null >, <Null> 0 424 413 10 424 413 11 424 413 15 Gregory M Huhn Siragusa Anthony Gordon M Lowe 925 Steele Dr 630 S Pathfinder TO 115 45th St Brea, CA 92821 Anaheim, CA 92807 Newport Beach, CA 92663 423 312 10 423 312 15 423 312 16 Traci T Wardy Lois M Wadsworth Thomas D Arnold 3535 E Coast Hwy #363 537 W Santa Clara Ave 118 Via Ithaca Corona Del Mar, CA 92625 Santa Ana, CA 92706 Newport Beach, CA 92663 423 321 10 423 32112 423 32113 William G Mcnamara T Muthu Kumar William L Ebeling 109 39th St 26 Finca 119 39th St Newport Beach, CA 92663 San Clemente, CA 92672 Newport Beach, CA 92663 423 311 13 047 033 24 423 29401 Henry C Volker Port Beach Townhouse LLLP New Eric Pastrmac <Null> <Null> 500 Hogsback Rd 4401 Channel PI <Null >, <Null> 0 Mason, MI 48854 Newport Beach, CA 92663 A113AV-09-008-1, eo9Ls ilaege6 al zasluin e09LS p�$J��j(a/ wo3•i(aane•Annnnn ® apldea a6egias a is a6eianogliue uolssaadwl jam ana �muuge rree rnuuny wwvv.uvey.wm Use Avery® TEMPLATE 51600 1- 800 -GO -AVERY 425 372 39 423 295 01 Louise E Hall Kathleen Peairs 120 Ridgemont Rd 208 Indianapolis Ave Johnson City, TN 37601 Huntington Beach, CA 92648 424 45104 424 506 08 Tri- Global Grp LLC CYSellers <Null> Po Box 1284 5208 Seashore Dr North Hollywood, CA 91614 Newport Beach; CA 92663 424 503 02 424 503 03 Philip C Mladinich James David Miller PO Box 7754 3903 Marcus Ave Laguna Niguel, CA 92607 Newport Beach, CA 92663 424 503 08 423 291 10 Isaacson Chiyoko 5 Itanaga 1832 Old Canyon Dr 605 W 111th St Hacienda Heights, CA 91745 New York, NY 10025 424 443 05 933 941 04 Rudy Herrera Tran 3 Beach Dunes Rd 7 Hibiscus Rancho Mirage, CA 92270 Irvine, CA 92620 425 261 10 425 25106 Constance S McBrien Christen C Garrett 1812 Antigua Cir 1020 Huntington Dr Newport Beach, CA 92660 San Marino, CA 91108 425 261 14 424 463 06 Teed LLC Mitchell Bent 932 Sandcastle Dr PO Box 2683 Corona Del Mar, CA 92625 Newport Beach, CA 92659 424 413 20 425 371 01 Schlocker Properties LLC William A Anderson 127 45th St 6692 La Jolla Scenic Dr S Newport Beach, CA 92663 La Jolla, CA 92037 424 453 05 047 033 05 Roma Rockwell Mccaffrey Thomas T & Jane H Schock PO Box 267 2900 Lafayette Rd Wasco, CA 93280 Newport Beach, CA 92663 424 463 13 424 464 01 Margaret Murphy Marilyn J Brainerd PO Box 2115 5324 Via Vicente Lake Arrowhead, CA 92352 Yorba Linda, CA 92887 U AVrF =X '7U 5160w 424 451 02 Robert Fitzpatrick <Null> <Null> <Null >, <Null> 0 424 506 14 Kathleen Chieffi 5104 Seashore Dr Newport Beach, CA 92663 424 503 04 Jean Davis 11754 Darlington Ave Los Angeles, CA 90049 424 443 03 Grable - Chartier 1836 Port Renwick PI Newport Beach, CA 92660 425 26108 Constance S McBrien 1812 Antigua Cir Newport Beach, CA 92660 425 261 13 At Newport Avalon 23 Corporate Plaza Dr #190 Newport Beach, CA 92660 425 372 21 Marc E Veirs 4215 Patrice Rd Newport Beach, CA 92663 424 453 01 Kim J Charney 214 Evening Star Ln Newport Beach, CA 92660 424 461 11 June Lee O'Connor PO Box 1942 Newport Beach, CA 92659 424 464 12 Amen Wardy 3535 E Coast Hwy #363 Corona Del Mar, CA 92625 09L5 p�g� �7 o AM21AV-O9-008 -L ®09L5 3laege6 a! zas!n ;D ® worA.iane'AAAAAA ® ap!dea a6eg3as a 1.a a6e.i.mopIgue uolssaidw! jam an0 �mu0 a rree rrmung www.aver .c0m ��'��® 5160® E Use Avery@ TMPLATE 5160® 1- 800 -GO -AVERY u 425 372 27 424 464 16 424 462 02 R F& B L Pearce Ronald Clinton W Smith 2566 Vineyard Rd 280 Garnet Ave 1206 Nottingham Rd Novato, CA 94947 Newport Beach, CA 92662 Newport Beach, CA 92660 424 462 05 424 462 10 425 372 32 William Worden S Peter Smith Peter L Manno 8 Waterford Way PO Box 3004 129 Via Mentone Newport Beach, CA 92657 Newport Beach, CA 92659 Newport Beach, CA 92663 425 373 36 423 32107 425 26102 John M Wilson Tanaka Marilyn Williams 432 Orion Way 1300 Antigua Way 351 Hospital Rd Newport Beach, CA 92663 Newport Beach, CA 92660 Newport Beach, CA 92663 424 411 10 423 296 02 047 052 16 John B Waldron Masakazu & Hiroe Sekine Newport 1848 Port Taggart PI 210 43rd St 2824 Newport Blvd #B Newport Beach, CA 92660 Newport Beach, CA 92663 Newport Beach, CA 92663 045 103 06 424 413 13 424 46109 Jk 6001 Seashore LLC Carl M & Barbara J Mosen Staley 8195 E Kaiser Blvd 7 Currents 8041 Obannon Dr Anaheim, CA 92808 Newport Coast, CA 92657 Las Vegas, NV 89117 424 462 09 425 261 11 930 614 01 Multifamily Holdings M2 LLC Neelima D Kabre Starlene Licudine PO Box 4299 8428 Dawn Ln 1633 Arch Bay Dr Newport Beach, CA 92661 Darien, IL 60561 Newport Beach, CA 92660 930 614 40 930 614 45 930 614 47 Sonny Goodman Christopher 1 Parr Jeff Saywitz 4900 Seashore Dr #B 4820 Seashore Dr #B 4740 Von Karman Ave #100 Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92660 930 614 51 930 104 02 930 104 08 Albert Y K & Hannah A Li Justin Thavirat Harry S & Candie L Rosenberger PO Box 1515 <Null> <Null> 6418 Rancher Ave Loma Linda, CA 92354 <Null >, <Null> 0 El Monte, CA 91731 424 443 04 424 46415 939 840 15 Donde A Mccament Kim Andrew J Torres 4405 Seashore Dr 12001 Theta Rd 425 Madison Ave Newport Beach, CA 92663 Santa Ana, CA 92705 Pomona, CA 91767 939 840 09 047 022 14 939 840 36 Andrew R & Terra Middleton Dietz Jason M Hemphill 206 43rd St #2 828 Via Lido Nord 206.5 44th St Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 A83AV-O9-008-1 80965 3ljege6 al zaslign 00915 wo3•Ai0ne-nnnnnn ap!dea 96eg3as a ;a a6eamogque uolssaadwl CITY CLEPKS OFFICE On I (.4 17 —aj /4 P Zg 2012, 1 posted the Notice of Public Hearing regarding: Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. (DA2008 -005) PA2010 -150 Locations: 505 29" St., 112 40th St. Units A and B (closed), 126 44th Street Units A and B, 5004 Neptune Ave. Units A and B, 5101 River Ave. Unit B, 3980 Seashore Dr., 4711 and 4711 '/z Seashore Dr., 4500 -4504 Seashore Dr.(closed), 4800 Seashore Dr. Units A and B, 6111 Seashore Dr., 6110 W. Ocean Front, 4138 Patrice Rd., 2811 Villa Way Date of City Council Public Hearing: October 9, 2012 r''�> 1 1-41r iJiV STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) jRECE 2012viT -5 I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Saturday, September 29, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on October 2, 2012 at Los Angeles, California '�U�(!�!itf,C N��,gngGfAfl Signature