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City Council Staff Report
October 27, 2015
Agenda Item No. 15
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director - 949-644-3232,
kbrandt@newportbeachca.gov
PREPARED BY: Melinda Whelan, Assistant Planner
PHONE: 949-644-3221
TITLE: Annual Review of Zoning Implementation for
Sober Living by the Sea, Inc. (PA2010-150)
ABSTRACT:
This is the sixth annual periodic review of the Zoning Implementation and Public Benefit
Agreement ("Zoning Agreement") between the City and Sober Living by the Sea
(SLBTS). Staff has conducted a thorough review of SLBTS's operations and the
requirements of the Zoning Agreement. Staff is of the opinion that SLBTS is in
compliance with all requirements.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find this review 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 this review enforces an entitlement for use adopted by the City and has no
potential to have a significant effect on the environment;
C) Find that Sober Living by the Sea has demonstrated good faith
compliance with the terms of the Zoning Implementation and Benefit Agreement;
and
d) Receive and file documents submitted by Sober Living by the Sea to
demonstrate good faith compliance with the terms of the Zoning Implementation and
Public Benefit Agreement.
Annual Review of Zoning Implementation for
Sober Living by the Sea, Inc. (PA2010-150)
October 27, 2015
Page 2
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
This is the sixth annual periodic review of the 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) and Zoning Agreement
Administrative Protocol Memorandum (Attachment C). Staff's review indicates that
SLBTS is in compliance with all requirements.
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, consistent with California Government Code Section 65865.1, and Newport
Beach Municipal Code (NBMC) Section 15.45.080. 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. The fifth annual periodic review occurred in
November 2014 (Attachment D - 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.
Terms and Conditions of the Zonina Aareement
Villa Way/Lafayette Facility
On March 5, 2013, the Community Development Director approved a request to
relocate the SLBTS administrative offices at 2811 and 2813 Villa Way to 2800 Lafayette
Avenue. 2809 Villa Way remains as a meeting facility per Exhibit C in the Zoning
Agreement. The operational conditions related to the meeting 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/Lafayette Facility Matrix, included as Attachment E of this
report.
The Zoning Clearance Letter authorizing the relocation of the offices is included as
Attachment F. The office location includes the parking lot at 2805 Villa Way, which
provides the permanent off-street parking required by the Zoning Agreement. The
landscaped parking lot provides the minimum required 13 -parking spaces exclusively
for the SLBTS vehicles.
15-2
Annual Review of Zoning Implementation for
Sober Living by the Sea, Inc. (PA2010-150)
October 27, 2015
Page 3
Compliance Review and Applicable Regulations of the Zoning Agreement
The Zoning Agreement requires SLBTS to submit a Compliance Review Report on or
before December 31 and June 30 of each year. The management of SLBTS submitted
its Compliance Review Reports on January 9, 2015, and August 17, 2015 (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
44 client beds as of October 1, 2015. Since the last annual review, there are no
additional facilities and beds and no additional closures. There has been a 78.4 percent
decrease in reported client beds between May 2008 and September 2015. (See
Attachment H for an inventory of client beds listed by address and Attachment I for a
map of all open SLBTS facilities as well as closed facilities.)
The latest Compliance Review Report provides current information regarding facility
locations and bed counts. The accuracy of the information has been verified through on-
site inspections conducted by Code Enforcement. Code Enforcement 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 in Table 1:
Table 1 — Applicable Requlations
Regulation
Specific Requirement
Status
Number and Location
No more than 204 client beds citywide, no more
In compliance. 44
of Facilities
than 156 in Peninsula zone, including 12 maximum
client beds citywide
on Lido Isle.
reported as of
10/1/15.
New Facilities after
One building per block, or across bordering street
In compliance.
effective date of
(block is area bounded by 4 streets, not alleys).
Zoning Agreement
4138 & 4142 Patrice
Rd. facilities are
located within same
building. No other
facilities are located
within the block.
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).
15-3
Annual Review of Zoning Implementation for
Sober Living by the Sea, Inc. (PA2010-150)
October 27, 2015
Page 4
Regulation
Specific Requirement
Status
Proximity to schools,
No facility within 1,000 feet of NMUSD elementarX
In compliance.
large day care
school or large day care facility, or adjacent to 36
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
Note: Effective Feb. 2011, NBPD requests they be
parolees.
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; one
Tobacco Products
affecting neighboring properties; direct clients not to
complaint minor in
litter w/ tobacco products or violate smoking
nature with no further
prohibitions.
action required.
Off -Street Parking
Comply with NBMC requirements for off-street
In compliance with
parking in residential zones.
amended Action Plan
(Attachment A) to
address training of
new on-site
management.
24 -Hour Hotline
Continuously operate 24-hour hotline for receiving
In compliance.
inquiries and/or complaints re: its operation of
Hotline: (949) 554 -
facilities.
1147
Quiet Hours
All residents to be inside during quiet hours:
In compliance.
Sun.-Thurs.: 10 p.m. — 7 a.m.; Fri. -Sat.: 11 p.m. — 7
a. m.
Route Plans
Good faith efforts to adhere to required route plans
In compliance.
for transport of clients.
Deliveries of Goods
Accept deliveries during customary times in
In compliance.
and Services
residential areas.
Clients per bedroom
Two clients per bedroom unless size of structure
In compliance.
warrants more for any single bedroom.
Code Enforcement conducted on-site interior inspections of eight SLBTS facilities in
March and September this year, and exterior inspections of all SLBTS facilities on the
same dates. A copy of the inspection reports is provided in Attachment K, and a
summary of dates and locations of facility inspections is provided in Table 2:
15-4
Annual Review of Zoning Implementation for
Sober Living by the Sea, Inc. (PA2010-150)
October 27, 2015
Page 5
Table 2 — SLBTS Facilitv Inspections
Inspection Date
Facility Address
Inspection Results
May 6, 2015
5004 Neptune Ave. A
Internal Inspection
5004 Neptune Ave. A&B
In Compliance
Internal Inspection
4138 Patrice Rd.
In Compliance
Internal Inspection
4142 Patrice Rd.
In Compliance
Internal Inspection
6110 W. Ocean Front
In Compliance
May 5 and September 22, 2015
External Inspection of all
facilities
In Compliance
September 24, 2015
Internal Inspection
5004 Neptune Ave. A&B
In Compliance
Internal Inspection
4711 and 4711 1/2 Seashore Dr.
In Compliance
Internal Inspection
6111 Seashore Dr.
In Compliance
Internal Inspection
6110 W. Ocean Front
In Compliance
Calls for Service and Other Complaints
The Newport Beach Police Department (NBPD) reviewed calls -for -service related to the
SLBTS facilities between September 1, 2014, and August 31, 2015 (Table 3). The calls
were minor in nature and did not raise concern with the NBPD regarding facility
operations.
Table 3 — Calls for Service
Date & Location
Call Description
9/18/14
Keep the peace. Unknown trouble, female heard screaming.
5004 Neptune Ave. A
10/25/14
Assist only to locate female that left the location against medical advice.
6111 Seashore Dr.
10/31/14
Keep the peace. Female clients leaving location against medical advice.
6111 Seashore Dr.
5/12/15
Medical aid and keep the peace. Intoxicated client.
4138 Patrice Rd
Code Enforcement has responded to five complaints filed with the City during this time
period, as summarized in Table 4. A verbal warning was given regarding the smoking
on the beach, and SLBTS continued with their Action Plan to address smoking found
under #5 in Attachment A with no further complaints received. The four complaints
regarding parking required Code Enforcement to elevate their response to a $100
Administrative Citation on September 14, 2015, due to ongoing complaints and
confirmed violations with photographs. SLBTS has responded that there was a change
in on-site management in July 2015. SLBTS has added to their Action Plan (Attachment
A) to address the issue of on-site management/staff training on Newport Beach
regulations.
15-5
Annual Review of Zoning Implementation for
Sober Living by the Sea, Inc. (PA2010-150)
October 27, 2015
Page 6
Table 4 — Other Complaints Received by the Citv
Date & Location
Complaint
General Location
Date
Resolution
2/9/15
Residents smoking
on the beach
Verbal warning given
4711 Seashore Dr.
2800 Lafayette
5/15/15
Vehicle
Moving Violation
5/4/15
Cars parked
obstructing
public
Verbal warning given
4711 Seashore Dr.
right-of-way.
5/26/15
Cars parked
obstructing
public
Verbal warning given
4711 Seashore Dr.
right-of-way.
8/20/15
Cars parked
obstructing
public
Notice of violation issued
4711 Seashore Dr.
right-of-way.
9/14/15
Cars parked
obstructing
public
Administrative Citation issued
4711 Seashore Dr.
right-of-way.
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 three parking citations and two moving citations were issued between
September 2014, and August 2015, as summarized in Table 5.
Table 5 — Parkina Citations & Movina Violations
Vehicle
Parking Citation
General Location
Date
Honda SUV
Facing wrong way on two-way street
Neptune Ave.
1/18/15
Dodge
Caravan
Expired/absent registration
2800 Lafayette
5/15/15
Vehicle
Moving Violation
General Location
Date
Toyota
Prius
Failure to provide insurance
Vista Baya and Tustin Ave.
12/15/14
Conclusion
Staff is of the opinion that SLBTS has made good faith efforts to comply with the terms
of the Zoning Agreement. 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.
15-6
Annual Review of Zoning Implementation for
Sober Living by the Sea, Inc. (PA2010-150)
October 27, 2015
Page 7
The next annual review will be presented to the City Council for consideration in
October 2016.
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.
ATTACHMENTS:
Attachment A —
SLBTS Documents Demonstrating Compliance
Attachment B —
Zoning Agreement
Attachment C —
Zoning Agreement Administrative Protocol Memorandum
Attachment D —
November 12, 2014 City Council Minutes
Attachment E —
Villa Way Facility and Lafayette Offices Matrix
Attachment F —
Zoning Clearance Letter for Office Relocation
Attachment G —
SLBTS Compliance Reports
Attachment H —
Inventory of SLBTS Client Beds as of September 2015
Attachment I —
Map of SLBTS Facilities — Open and Closed as of September 2015
Attachment J —
SLBTS Compliance Matrices: Overall Compliance Matrix and
Individual Facilities
Matrices
Attachment K —
Code Enforcement Inspection Reports
15-7
Attachment A
SLBTS Documents Demonstrating
Compliance
15-8
Sober Living by the Sea
Annual Report to City of Newport Beach
October 1, 2015
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 Oct 1, 2015 Sober Living by the Sea (SLBTS) managed or controlled the following
facilities in Newport Beach:
Total Bed Count 44
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
15-9
SLBTS FACILITIES
Property Address
Peninsula
Zone
or N)
Treatment Bed Count
Peninsula Off
Peninsula
ADP
License
or N)
4138 Patrice
N
6
Y
4142 Patrice
N
6
N
4711 Seashore
Y
6
Y
4711 % Seashore
Y
2
N
5004 Neptune, unit A
Y
6
N
5004 Neptune, unit B
Y
6
N
6110 West Ocean Front
Y
6
Y
6111 Seashore
Y
6
Y
Total Bed Count 44
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
15-9
#10 of Applicable Regulations: Sober Living has not established or operating a facility at
any location which is adjacent to the 366i Street Tot Lot or Marina Park Tot Lot.
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. No complaints filed this past year. There was one
citation for smoking on the beach.
#5 of Operational Regulations: Sober Living complies with all City code provisions
requiring of street parking in residential zones. We have received 4 complaints for
parking at 4711 Seashore. Staff was reminded again not to park in front of a garage that
has a driveway less than 20 feet and SLBTS identified the problem as a new
staff/manager on-site that had not been trained regarding Newport Beach regulations.
Below is the amended Action Plan to address this issue immediately.
ACTION PIAN
Objective
Action/Activity
Target dates
Status
1. Develop and support
Began effort at September 19, 2013
9/19/13 — indefinite
Ongoing
action plan for
eliminating smoldng
issues at 4711 Seashore
Drive
A. Identity
A. SLBTS management to
9/20/2013- indefinite
Ongoing
current & present
educate all clients and staff
SM01MG
on the smoking policy
behaviors of staff
moved to garage only.
and clients,
B. Implement smoking policy
whereabouts, time
and repercussions for non -
of day, and disposal
adherence.
of cigarettes
2. Develop and
A. SLBTS management to
9/20/2013- indefinite
Ongoing
support action
educate all clients and staff
plan for
on the parking policy
eliminating
B. Implement parking policy
parking issues at
and repercussions for non -
4711 Seashore
adherence.
Drive
15-10
A. Identity
current & present
PARKING
behaviors of staff
3. Develop assessment to
To be measured by:
9/20/2013- indefinite
Ongoing
measure effectiveness &
a. Documenting actions and
impact of smoking and
accomplishments of Objective 1,
parking policies
2
4. Develop ongoing
Documented by activities and
supportive environment
accomplishments from Objectives 1
9/20/13 — indefinite
Ongoing
between SLBTS and
and 2.
City of Newport Beach
5. Staff Training
a. Discuss situation with current
9/30/15 - indefinite
ongoing
Landing director.
b. Review all Newport City
9/30/15 — indefinite
ongoing
guidelines with all staff moving
forward on an annual basis.
c. Review all Newport City
9/30/15 — indefinite
ongoing
guidelines with all managers on
a 1 basis.
d. When new director is assigned
9/30/15 — indefinite
ongoing
to either The Rose or The
Landing as part of their
orientation they will review the
Newport City guidelines.
#6 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 Thursdayl0 pm to 7 am and Friday through
Saturday 11 pm to 7 am. No complaints have been received.
# 8 of the Operational Regulations: SLBTS's staff comply with all of the rules
surrounding the routes that vans drive. No complaints received
#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.
15-11
Operations for Villa Way Facility (now 2800 Lafayette), Newport Beach
The office at 2811 Villa Way was relocated to 2800 Lafayette on May 1, 2013. We met
with the City of Newport and received permission to relocate our administrative services
to that building. Below are the conditions set forth in the zoning agreement:
1. The use of 2800 Lafayette Avenue is limited to only office uses for Sober Living,
client check-in, and a small ancillary computer lab (5-7 stations). Client group
meetings, client picking up and/or consuming prescriptions, or client consulting
with a nurse shall not occur at 2800 Lafayette Avenue. Sober Living is in
compliance with this condition.
2. Client check-in shall be limited to 7:OOam to 5:OOpm. — Sober Living is in
compliance with this condition.
3. Client use of the computer lab shall be limited to 9:OOam to 4:OOpm. Sober
Living is in compliance with this condition.
4. Clients may use the building entrance facing 28a' Street, but should neighborhood
concerns result, the client entrance shall be relocated to the Lafayette Avenue
entrance. Sober Living is in compliance with this condition.
5. Outside congregation is prohibited at 2800 Lafayette Avenue. Sober Living is in
compliance with this condition.
6. The outdoor upstairs patio at 2800 Lafayette Avenue shall be used by employees
only and not be used as a client congregation area. Smoking is prohibited on the
public boardwalk adjacent to 2800 Lafayette Avenue pursuant to Municipal Code
Section 11.04.080. Sober Living is in compliance with this condition.
7. Provide a revised set of floor plans for 2800 Lafayette Avenue showing the uses
for each area for review and approval by the Community Development Director.
Sober Living complied with this condition.
8. Clients will not be allowed to assemble at 2800 Lafayette Avenue for the purpose
of being transported to another location. Sober Living is in compliance with this
condition.
In addition to these conditions we have also transitioned our hotline to the new
facility at 2800 Lafayette. We also continue to hold meetings for the clients at 2809
Villa Way.
The parking lot that was provided to us as part of the lease for 2800 Lafayette is
located at 2805 Villa Way. Newport City has given permission to use this lot under
the following conditions:
1. Provide 13 off-site parking spaces at 2805 Villa Way which will be used for
vehicle parking and storage by Sober Living staff and transport vans. All vehicles
associated with Sober Living shall be parked at this lot rather than on City streets
or public parking lots. For instance Sober Living vans shall be parked on the lot
rather than on City streets in the surrounding neighborhood or the City parking
lot. Sober Living is in compliance with this condition.
15-12
2. Screen re -located bike racks within a secured enclosure. Sober Living was able to
keep the bike racks and bikes at the current location behind 2811 Villa Way and
no change was needed. This was approved by Newport City.
3. Re -strip parking lot subject to review and approval by the Community
Development Department (Building Permit required). Sober Living complied
with this condition and the work is complete.
4. Upgrade existing landscaping subject to review and approval by the Community
Development Director. Sober Living complied with this condition and the work
is complete.
5. Provide plan of parking lot and bike racks with enclosure as conditioned above
for plan check. Sober Living was able to keep bike racks in the same place that
was approved.
6. Clients will not be allowed to assemble at the parking lot for the purpose of being
transported to another location. Sober Living is in compliance with this
condition.
Group Size/Frequencv Compliance Report: SLBTS is in compliance with the numbers of
groups and clients permitted to attend meetings at 2809 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.
15-13
SLBTS Attendance Tracking Form September 2014
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Sep 1
7
Sep 8
9
Sep 15
9
Sep 22
8
Sep 1
7
Sep 8
8
Sep 15
8
Sep 22
9
Sep 2
8
Sep 9
9
Sep 16
8
Sep 23
9
Sep 2
8
Sep 9
9
Sep 16
8
Sep 23
9
Sep 3
7
Sep 10
9
Sep 17
9
Sep 24
8
Sep 3
8
Sep 10
9
Sep 17
8
Sep 24
7
Sep 4
9
Sep 11
9
Sep 18
8
Sep 25
7
Sep 4
8
Sep 11
8
Sep 18
9
Sep 25
8
Sep 5
9
Sep 12
8
Sep 19
8
Sep 26
8
Sep 5
9
Sep 12
9
Sep 19
9
Sep 26
8
Attendee
8
Attendee
8.7
Attendee
8.4
Attendee
8.1
Meeting
10
Meeting
10
Meeting
10
Meeting
10
Week 5
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Sep 29
9
Sep 29
9
Sep 30
8
Sep 30
8
Attendee
8.5
Meeting
4
15-14
SLBTS Attendance Tracking Form October 2014
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Oct 1
9
Oct 6
9
Oct 13
10
Oct 20
10
Oct 1
9
Oct 6
9
Oct 13
10
Oct 20
10
Oct 2
10
Oct 7
9
Oct 14
11
Oct 21
11
Oct 2
10
Oct 7
9
Oct 14
10
Oct 21
11
Oct 3
10
Oct 8
10
Oct 15
11
Oct 22
11
Oct 3
10
Oct 8
10
Oct 15
11
Oct 22
10
Oct 30
10
Oct 9
10
Oct 16
11
Oct 23
10
Oct 30
11
Oct 9
11
Oct 16
10
Oct 23
11
Oct 31
11
Oct 10
11
Oct 17
10
Oct 24
10
Oct 31
11
Oct 10
10
Oct 17
10
Oct 24
11
Attendee
9.6
Attendee
9.8
Attendee
10.4
Attendee
10.5
Meeting
6
Meeting
10
Meeting
10
Meeting
10
Week 5
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Oct 27
11
Oct 27
11
Oct 28
10
Oct 28
10
Oct 29
10
Oct 29
10
Oct 30
10
Oct 30
11
Oct 31
11
Oct 31
11
Attendee
10.5
Meeting
10
15-15
SLBTS Attendance Tracking Form November 2014
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Nov 3
10
Nov 10
10
Nov 17
10
Nov 24
11
Nov 3
10
Nov 10
11
Nov 17
10
Nov 24
11
Nov 4
11
Nov 11
10
Nov 18
11
Nov 25
10
Nov 4
10
Nov 11
11
Nov 18
11
Nov 25
10
Nov 5
9
Nov 12
10
Nov 19
10
Nov 26
11
Nov 5
10
Nov 12
11
Nov 19
10
Nov 26
11
Nov 6
11
Nov 13
11
Nov 20
10
Nov 27
10
Nov 6
11
Nov 13
10
Nov 20
9
Nov 27
10
Nov 7
10
Nov 14
10
Nov 21
9
Nov 28
10
Nov 7
10
Nov 14
11
Nov 21
10
Nov 28
10
Attendee
10.2
Attendee
10.5
Attendee
10
Attendee
10.4
Meeting
10
Meeting
10
Meeting
10
Meeting
10
Week 5
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Attendee
Meeting
15-16
SLBTS Attendance Tracking Form December 2014
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Dec 1
10
Dec 8
10
Dec 15
11
Dec 22
11
Dec 1
10
Dec 8
11
Dec 15
11
Dec 22
11
Dec 2
9
Dec 9
11
Dec 16
11
Dec 23
11
Dec 2
10
Dec 9
10
Dec 16
10
Dec 23
12
Dec 3
10
Dec 10
11
Dec 17
10
Dec 24
11
Dec 3
11
Dec 10
11
Dec 17
11
Dec 24
11
Dec 4
11
Dec 11
10
Dec 18
11
Dec 25
11
Dec 4
10
Dec 11
10
Dec 18
11
Dec 25
10
Dec 5
10
Dec 12
10
Dec 19
11
Dec 26
10
Dec 5
10
Dec 12
11
Dec 19
10
Dec 26
11
Attendee
10.1
Attendee
10.5
Attendee
10.7
Attendee
10.9
Meeting
10
Meeting
10
Meeting
10
Meeting
10
Week 5
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Dec 29
11
Dec 29
11
Dec 30
12
Dec 30
12
Dec 31
11
Dec 31
11
Attendee
11.3
Meeting
10
15-17
SLBTS Attendance Tracking Form January 2015
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Jan 5
12
Jan 12
13
Jan 19
11
Jan 26
11
Jan 5
11
Jan 12
12
Jan 19
12
Jan 26
9
Jan 6
12
Jan 13
12
Jan 20
12
Jan 27
11
Jan 6
11
Jan 13
11
Jan 20
12
Jan 27
9
Jan 7
11
Jan 14
11
Jan 21
14
Jan 28
11
Jan 7
13
Jan 14
11
Jan 21
11
Jan 28
10
Jan 8
12
Jan 15
12
Jan 22
13
Jan 29
11
Jan 8
11
Jan 15
12
Jan 22
12
Jan 29
9
Jan 9
13
Jan 16
11
Jan 23
11
Jan 30
10
Jan 9
12
Jan 16
12
Jan 23
10
Jan 30
9
Attendee
11.8
Attendee
11.7
Attendee
11.8
Attendee
10
Meeting
10
Meeting
10
Meeting
10
Meeting
10
15-18
SI.BTS Attendance Tracking Form February 2015
Week i
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Feb 2
10
Feb 9
12
Feb 16
12
Feb 23
12
Feb 2
11
Feb 9
12
Feb 16
12
Feb 23
10
Feb 3
11
Feb 10
12
Feb 17
12
Feb 24
11
Feb 3
11
Feb 10
11
Feb 17
11
Feb 24
11
Feb 4
11
Feb 11
12
Feb 18
13
Feb 25
12
Feb 4
10
Feb 11
11
Feb 18
11
Feb 25
10
Feb 5
12
Feb 12
12
Feb 19
13
Feb 26
12
Feb 5
11
Feb 12
11
Feb 19
11
Feb 26
10
Feb 6
12
Feb 13
11
Feb 20
11
Feb 27
10
Feb 6
11
Feb 13
11
Feb 20
10
Feb 27
9
Attendee
11
Attendee
12.6
Attendee
11.6
Attendee
10.7
Meeting
10
Meeting
10
Meeting
10
Meeting
10
15-19
SLBTS Attendance Tracking Foran March 2015
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Mar 2
12
Mar 9
12
Mar 16
12
Mar 23
9
Mar 2
12
Mar 9
12
Mar 16
10
Mar 23
9
Mar 3
12
Mar 10
12
Mar 17
11
Mar24
10
Mar 3
11
Mar 10
11
Mar 17
11
Mar 24
10
Mar 4
12
Mar 11
13
Mar 18
12
Mar 25
9
Mar 4
11
Mar 11
11
Mar 18
10
Mar 25
10
Mar 5
12
Mar 12
13
Mar 19
12
Mar 26
10
Mar 5
11
Mar 12
11
Mar 19
10
Mar 26
10
Mar 6
11
Mar 13
11
Mar 20
10
Mar 27
10
Mar 6
11
Mar 13
10
Mar 20
9
Mar 27
10
Attendee
12.6
Attendee
11.6
Attendee
10.7
Attendee
9.7
Meeting
10
Meeting
10
Meeting
10
Meeting
10
Week 5
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Mar 30
10
Mar 30
11
Mar 31
11
Mar 31
10
Attendee
10.5
Attendee
Attendee
Attendee
Meeting
10
Meeting
Meeting
Meeting
15-20
SLBTS Attendance Tracking Form April 2015
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Apr 1
12
Apr 6
12
Apr 13
12
Apr 20
11
Apr 1
11
Apr 6
11
Apr 13
12
Apr 20
12
Apr 2
11
Apr 7
12
Apr 14
12
Apr 21
12
Apr 2
11
Apr 7
11
Apr 14
12
Apr 21
12
Apr 3
11
Apr 8
12
Apr 15
12
Apr 22
13
Apr 3
10
Apr 8
11
Apr 15
12
Apr 22
11
Apr 30
12
Apr 9
13
Apr 16
11
Apr 23
13
Apr 30
11
Apr 9
11
Apr 16
12
Apr 23
12
Attendee
12
Apr 10
13
Apr 17
11
Apr 24
12
Meeting
8
Apr 10
11
Apr 17
11
Apr 24
10
Attendee
11
Attendee
11.7
Attendee
11.7
Attendee
11.8
Meeting
6
Meeting
10
Meeting
10
Meeting
10
Week 5
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Apr 27
12
Apr 27
12
Apr 28
12
Apr 28
13
Apr 29
12
Apr 29
12
Apr 30
12
Apr 30
11
Attendee
12
Attendee
Attendee
Attendee
Meeting
8
Meeting
Meeting
Meeting
15-21
SLOTS Attendance Tracking Foran May 2015
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
May 1
10
May 4
9
May 11
11
May 18
11
May 1
10
May 4
9
May 11
11
May 18
11
May 26
11
May 5
10
May 12
11
May 19
11
May 26
11
May 5
9
May 12
10
May 19
11
May 27
10
May 6
11
May 13
9
May 20
10
May 27
10
May 6
11
May 13
9
May 20
10
May 28
11
May 7
10
May 14
9
May 21
10
May 28
11
May 7
10
May 14
10
May 21
10
May 29
12
May 8
9
May 15
10
May 22
11
May 29
12
May 8
10
May 15
10
May 22
10
Attendee
10
Attendee
9.8
Attendee
10
Attendee
10.5
Meeting
10
Meeting
10
Meeting
10
Meeting
10
Week 5
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
May 25
12
May 25
11
May 26
11
May 26
11
May 27
10
May 27
10
May 28
11
May 28
11
May 29
12
May 29
12
Attendee
11.1
Attendee
Attendee
Attendee
Meeting
10
Meeting
Meeting
Meeting
15-22
SLBTS Attendance Tracking Form June 2015
Week i
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Jun 1
11
Jun 8
11
Jun 15
10
Jun 22
9
Jun 1
11
Jun 8
10
Jun 15
10
Jun 22
9
Jun 2
10
Jun 9
9
Jun 16
10
Jun 23
10
Jun 2
10
Jun 9
10
Jun 16
11
Jun 23
11
Jun 3
11
Jun 10
10
Jun 17
10
Jun 24
11
Jun 3
11
Jun 10
9
Jun 17
10
Jun 24
10
Jun 4
10
Jun 11
9
Jun 18
9
Jun 25
10
Jun 4
10
Jun 11
10
Jun 18
9
Jun 25
10
Jun 5
10
Jun 12
10
Jun 19
9
Jun 26
9
Jun 5
10
Jun 12
9
Jun 19
10
Jun 26
Attendee
10.4
Attendee
9.7
Attendee
9.8
Attendee
8.9
Meeting
10
Meeting
10
Meeting
10
Meeting
10
Week 5
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Jun 29
9
Jun 29
9
Jun 30
9
Jun 30
10
Attendee
9.25
Attendee
Attendee
Attendee
Meeting
4
Meeting
Meeting
Meeting
15-23
SLBTS Attendance Tracking Form July 2015
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Jul1
10
Jul6
10
Jul 13
10
Jul 20
11
Jul1
10
Jul6
10
Jul 13
9
Jul 20
11
Jul2
9
Jul?
11
Jul 14
9
Jul 21
10
Jul 2
10
Jul 7
11
Jul 14
10
Jul 21
10
Jul3
10
Jul8
10
Jul 15
10
Jul 22
11
Jul3
9
Jul8
11
Jul 15
10
Jul 22
10
Jul 30
10
Jul9
it
Jul 16
11
Jul 23
11
Jul 30
11
Jul 9
it
Jul 16
11
Jul 23
10
Jul 31
11
Jul 10
10
Jul 17
10
Jul 24
10
Jul 31
11
Jul 10
10
Jul 17
10
Jul 24
11
Attendee
9.6
Attendee
10.5
Attendee
10
Attendee
105
Meeting
6
Meeting
10
Meeting
10
Meeting
10
Week 5
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Jul 27
11
Jul 27
11
Jul 28
10
Jul 28
10
Jul 29
10
Jul 29
10
Jul 30
10
Jul 30
11
Jul 31
11
Jul 31
11
Attendee
10.5
Meeting
10
15-24
SLBTS Attendance Tracking Form August 2015
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Aug 3
30
Aug 10
11
Aug 17
10
Aug 24
12
Aug 3
11
Aug 10
11
Aug 17
10
Aug 24
12
Aug 4
11
Aug 11
10
Aug 18
11
Aug 25
11
Aug 4
12
Aug 11
10
Aug 18
11
Aug 25
11
Aug 5
11
Aug 12
11
Aug 19
11
Aug 26
10
Aug 5
11
Aug 12
11
Aug 19
10
Aug 26
11
Aug 6
12
Aug 13
12
Aug 20
12
Aug 27
10
Aug 6
12
Aug 13
12
Aug 20
10
Aug 27
11
Aug 7
12
Aug 14
12
Aug 21
12
Aug 28
12
Aug 7
11
Aug 14
11
Aug 21
11
Aug 28
10
Attendee
12.5
Attendee
11.1
Attendee
10.8
Attendee
11
Meeting
10
Meeting
10
Meeting
10
Meeting
10
Week 5
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Aug 31
Aug 31
10
11
Attendee
Meeting
10.5
2
15-25
SLBTS Attendance Tracking Foran September 2015
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Sep 1
10
Sep 7
12
Sep 14
10
Sep 21
11
Sep 1
11
Sep 7
12
Sep 14
it
Sep 21
10
Sep 2
11
Sep 8
11
Sep 15
11
Sep 22
11
Sep 2
10
Sep 8
11
Sep 15
11
Sep 22
11
Sep 3
11
Sep 9
12
Sep 16
10
Sep 23
11
Sep 3
it
Sep 9
12
Sep 16
10
Sep 23
11
Sep 4
11
Sep 10
11
Sep 17
12
Sep 24
12
Sep 4
11
Sep 10
11
Sep 17
11
Sep 24
11
Sep 11
11
Sep 18
11
Sep 25
Sep 11
10
Sep 18
10
Sep 25
Attendee
10.75
Attendee
11.3
Attendee
10.7
Attendee
Meeting
8
Meeting
10
Meeting
10
Meeting
Week S
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Attendee
Meeting
15-26
Attachment B
Zoning Agreement
15-27
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Office of the City Attorney
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658
Reoordacl in Official Records, Orange County
70111 naiY, Clerk-Racordor
I�IE I Illli ll l[1Ilf ll ill 01011111111111111111NO FEE
2009000511876 09:49pm 90123/09
295 28 Al2 31
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
[Exempt from Recordation Fee per Government Code Section 27383
CONFORMED COPY
Nv# t;ompared with Original
ZONING IMPLEMENTATION
AND
PUBLIC BENEFIT AGREEMENT
15-28
zoning Agmamant
ZONING IMPLEMENTATION
AND PUBLIC BENEFIT AGREEMENT
(Pursuant to Callfornla Government Code §§85869-651369.5)
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 SORER LIVING BY THE SEA, INC., a CALIFORNIA CORPORATION,
COMPREHENSIVE ADDICTION PROGRAMS, INC., a Delaware Corporation, CRO 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
" Partles" 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. 009_4 finding this Zoning Agreement to be consistent with the City of Newport
Beach-eemal Plan and approving this zoning Agreement,
D. This Zoning Agreement allows Sober living a vested right to: (i) operate 156
beds of recovery facilities within the area they are currently operating, and as more particulariy
defined In Exhibit b attached (the "Peninsula Zone"), and (ii) up to an additional 48 beds
outslde•of the Peninsula Zone and within zones accommodating multi -family residential uses, In
compliance with the terms of this zoning Agreement.
E. This Zoning Agreement also memorializes uses granted to and conditions agreed
to by Sober Living on August 25, 2006 regarding Its administrative offices at 2819 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:
15-29
Zoning Agreement
A. "Affiliate" shall mean a person or entity that is directly or Indirectly controlled by
Operator.
B. "City Council" shall mean the governing body of City.
C_ "Control" (Including the terms "controlling," "controlled by," and "under common
control with") shall mean the possession, direct or indirect, of the power to direct or cause .the
direction of the management and policies of a person, whether through the ownership of voting
securities, by contract, or otherwise.
D. "Facility' (or "Facilities") is a residential unit used or occupied by persons In
recovery from alcoholism and or drug abuse. Facilities may be "Licensed Facilities" or "Sober
Living Homes." As used in this Agreement, all Facilities constitute "residential care facility" uses
within the context of the City's zoning ordinance,
E. "General Plan" shall mean City's 2006 General plan adopted by the City Council
on July 25, 2006, by Resolution No. 2006-76. The Land Use Plan of the Land Use Element of
the General.Pfan was approved by City voters In a general election on November 7, 2006,
F. "Licensed Facilities" shall mean alcoholism and drug abuse recovery facilities
licensed by the California department of Alcohol and Drug Programs ("ADP").
G. "Party' or "Parties' shall mean either City or Operator or any of Operator's
Affiliates or both, as determined by the context.
H. "Property' Is described In Exhibit A and consists of a list of addresses of
properties currently operated by Operator as Licensed Facilities and Sober Living Homes in R-
1, R-1%2 , R-2 and multi-famlly 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.
1. "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 Bengfitg. 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,
0. A reduction of and €imitation on the size of a residential care operation 1n the City,
Including a limitation on 6 or under licensed Facilitles,
E. Dispersal of Llcensed Facilities and Sober Living Homes to reduce the concentration
thereof,
E,
15-30
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 fm f mentatla . 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 Pian.
4, Warranties and Representations, Both parties represent that they have legal
authority to enter Into this Zoning Agreement and the remainder of the agreements and
documents that comprise the settlement documents herein, and that the necessary
authorizations have been obtained, by resolution or other action, and that the persons whose
names appear as signatories below were authorized to accept this zoning Agreement on behalf
of the Party under whose name they signed.
A. Each Party specifically represents and warrants that it has the legal authority to enter
Into a Zoning Agreement of the type and kind herein, and,
B. The City represents and warrants that this zoning Agreement and the regulations
applied to the Property ("The Applicable Regulations") are:
i. Consistent with the General Plan for the City and any Specific Plans that apply to
the area In which any portion of the Property Is located, and
€l. 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 „i equfatlons. 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 Properly, Including but not limited to the permitted uses and
density and Intensity of use and the location of buildings Involved shall be those set forth In the
"Applicable Regulations" delineated In Exhibit B and as set forth In Section 6 below, During the
term of this Zoning Agreement, City shall not prevent operation of the Property that Is in
compliance with the Applicable Regulations and all other applicable laws and regulations
specified In Section 9 hereof:
6. Operator's Vested Rights. During the Term of this Zoning Agreement, except to
the extent City reserves its discretion as expressly set forth in this Zoning Agreement or In the
Applicable Regulations and all other applicable laws and regulations specified In Section 9
hereof, Operator shall have the vested right, within the limits and constraints of the Applicable
Regulations, to conduct its operation of Licensed Facilities and Sober Living Homes on the
Property. The latter from City to Operator dated August 25, 2005 regarding Operator's leased
office and meeting facility at 2811 Villa Way ("Villa Way") Is incorporated herein by reference as
Exhibit C. City acknowledges that Operator has complied with all conditions set out In Exhibit
C except for Paragraph 12 relating to parking. City acknowledges Operator has been exercising
due diligence to complete the parking lot which Is unfinished due to circumstances beyond
Operator's control. Operator agrees to use good faith efforts to got 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 2911 Street, commonly known as
3
15-31
Zoning Agreement
"The Vlctorian," is a legal nonconforming single family residence and shall be treated as a
Licensed Facility. In the event Ordinance No. 2008.8 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
8 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. ollce Power, In all respects not provided for In this Zoning Agreement, City
shall retain full rights to exercise City's pollee 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_Confllcting Enactments: During the Term of this Zoning Agreement City shall
not apply to the Property any City -adopted ordinance, policy, rule, regulation, or other measure
relating to the operation of Facilities on the Property to the extent It conflicts with this Zoning
Agreement.
9, Reservations,of Authorl y. Notwithstanding any provisions set forth In this zoning
Agreement to the contrary, the laws, rules, regulations, and offlolal policies set forth In this
'} Section 9 shall apply to and govt en the development and operations of the Property:
A. Procedural Regulations. Then current procedural regulations relating to hearing
bodies, petitions, applications, notices, findings, records, hearings, reports,
recommendations, appeals, and any other matter of procedure shall apply to the
Property, provided that they are adopted and applied City-wide or to all other
properties consistent with the provision of Section C2 of Exhibit B.
B. Consistent City Regulations. City ordinances, resolutions, regulations, and official
pollcles governing development and building which do not conflict with the Applicable
Regulations, or with the provisions of Section 02 of Exhibit B where Operator has
consented In writing to the regulations, shall apply to the Property.
C. Public Health and Safety. Any City ordinance, regulation, rule, regulation, program,
or official policy, that Is necessary to protect parsons 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 S.
10. No Auenev. Neither Party Is acting as the agent of the other in any respect, and
each Party Is an independent contracting entity with respect to the terms, covenants, and
conditions contained In this Zoning Agreement, This Zoning Agreement forms no partnership,.
Joint venture, or other association of any kind. The only relationship between the Parties Is that
of a government entity regulating the operation of private property by the owner or lessee of the
property.
11. Effective Date: Term. This Zoning Agreement shall not become effective, and
except as set forth In Subsection C of this Section 11, neither party shall have any rights or
obligations hereunder, until the "Effective Date."
A, Effective Date of This Zoning Agreement : Th€s Zoning Agreement shall become
effective on:
4
15-32
Zoning Agreement
I. The 91st day following the City Council's passage of the ordinance approving this
Zoning Agreement, or
11. If a referendum or other elective challenge to the ordinance approving this
Zoning Agreement qualifies to be placed on the ballot, then on the 31st day after
the City Clerk certifies that the referendum or other elective challenge has failed
to pass, or
iii. If litigation Is Instituted to challenge this Zoning Agreement prior to the Effective
Date established In accordance with Section 11 A. 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 26th 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 2448-5.
12. Amendment pr Cancellation of Zoning Areeme t. 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 §66868 and City of Newport Beach
Municipal Code §16.46.060.
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 pian, 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. perio�lc _Review of Compliance. City and Operator shall each comply In good
faith with the terms of this Zoning Agreement, The Parties shall review this zoning Agreement
at least once every 12 months from the Effective Date for good faith compliance with Its terms
consistent with California Government Code §65865 and §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 times and during regular business hours.
-61
15-33
Zoning Agreement
15. -Events of Default.
A. Default by Operator, Pursuant to California Government Code §65865.1, if City
determines that Operator has not complied in good faith with Operator's obligations pursuant to
this Zoning Agreement, City shall by written notice to Operator specify the manner In which
Operator has failed to comply and state the steps Operator must take to bring Itself into
compliance. If Operator does not commence compliance within 30 days after receipt of the
written notice from City specifying the manner In which Operator has failed to comply, and
diligently pursue steps to achieve full compliance, then Operator shall be deemed to be in
default under the terms of this Zoning Agreement. City may then seek available remedies as
provided in Section 15.0 of this Zoning Agreement.
B. Default by City. If City has not compiled with any of its obligations and limitations
under this Zoning Agreement, Operator shall by written notice to City specify the manner In
which City has failed to comply and state the steps necessary for City to bring itself Into
compliance. If City does not commence compliance within 30 days after receipt of the written
notice from Operator specifying the manner In which City has failed to comply, and diligently
pursue steps to achieve full compliance, then City shall be deemed to be in default under the
terms of this Zoning Agreement. Operator may then seek a specific performance or similar
equltable remedy as provided in Section 15,C of this Zoning Agreement
C. Specific Performance and Damages Remedies. The Parties acknowledge that
remedies at law generally are Inadequate and that specific performance is appropriate for the
enforcement of this Zoning Agreement, The remedy of specific performance or, In the
alternative, a writ of mandate, shall be the sole and exclusive remedy available to either Party In
the event of the default or alleged default by the other. Prior to exercising such a remedy, the
Party seeking to do so shall submit the matter to nonbinding arbitration through JAMS or
another arbitrator mutually acceptable.
D. Recovery of Legal Expenses by Prevailing Party in Any Action. In any judiclaj
proceeding ("Action") between the Parties that seeks to enforce the provisions of this Zoning
Agreement, the prevailing Party shall recover all of its actual and reasonable costs and
expenses. These costs and expenses Include expert witness fees, attorneys' fees, and costs of
investigation and preparation before Initiation of the Action. The right to recover these costs and
expenses shall accrue upon initiation of the Action.
16. Cooperation. Each Party covenants to take all reasonable actions and execute
all documents that may be necessary to achieve the purposes and objectives of this Zoning
Agreement.
17, force Mglgure. 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. JbI d Party legal Challengg. 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,
15-34
Zoning Agreement
and each party shall be responsible for Its legal expenses incurred In connection with the Third
Party Legal Challenge,
10, Right to Assign, Operator shall have the right to transfer or assign the rights and
obligations contained herein in whole to any person, partnership, joint venture, firm, or
corporation at any time during the Term of this Zoning Agreement without the consent of City.
Upon the effective date of any such transfer or assignment of the Property, the transferor -
assignor shall notify City of the name and address of the transferee. Any assignment of this
Zoning Agreement must be pursuant to a sale or transfer of Operator's rights in the entirety of
the Property. Any sale or transfer of the Property shall Include the assignment and assumption
of the rights, duties, and obligations arising from this Zoning Agreement to the transferee with
respect to all of the Property. Operator shall no longer be obligated under this Zoning
Agreement for the property if Operator Is not In default under this zoning Agreement at the time
of the sale or transfer.
20, Zonlng-Agreemont Binding on 9uccessorsand Assl s. The burdens of this
Zoning Agreement are binding upon, and the benefits of this Zoning Agreement shall Inure to,
all successors in interest of the Parties to this Zoning Agreement.
21. Estoppel_ Certificate, At any time, either Party may deliver written notice to the
other Party requesting that the Party certify in writing that, to the best of its knowledge;
A. This zoning Agreement is in full force and effect and Is binding on the Party;
B. This zoning Agreement has not been amended or modified either orally or In writing.
If this Zoning Agreement has been amended, the Party providing the certification
shall Identify the amendments; and
C. The requesting Party Is not In default In the performance of its obligations under this
Zoning Agreement. If the requesting party is in default, the other Party must
describe the nature of the default.
The requesting party shall execute and return the certificate within. sixty (60) days
following receipt. Any assignee of a Party's rights and obligations hereunder, as referred to in
this Section 21, shall be entitled to rely on the certificate.
22. Further Actions gndtrume f . Each Party shall cooperate with and provide
reasonable assistance to the other Party to the extent consistent with and necessary to
implement this Zoning Agreement. Upon the request of a Party at any time, the other Party
shall promptly execute, with acknowledgment or affidavit If reasonably required, and file or
record the required instruments and writings and take any actions as may be reasonably
necessary to Implement this Zoning Agreement or to evidence or consummate the transactions
contemplated by this Zoning Agreement.
23, Notlees. Any notice or demand that shall be required or permitted by law or any
provision of this Zoning Agreement shall be in writing. If the notice or demand will be served
upon a Party, it either shall be personally delivered to the Party; deposited In the United States
mail, certified, return receipt requested, and postage prepaid; or delivered by a reliable courier
service that provides a receipt showing date and time of delivery with courier charges prepaid.
The notice or demand shall be addressed as follows:
7
15-35
Zoning Agreement
To City: City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Reach, 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 92563-3884
To Operator: Sober Living by the Sea, Inc.
2811 Villa Way
Newport Beach, California 92663
Attn: Executive Director
With a copy to: CRO Wealth Group, Inc.
2400 Stevens Creek Boulevard, Suite 600
Cupertino, California 95014
Attn. General Counsel
Pax: 415-368-8444
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 MIscell-aneogs Terms.
A. Rules of Construction. The singular includes the plural; the masculine and
neuter Include the feminine; "shall" Is mandatory; "may" Is permissive.
B. Time is of the Essence. Time is of the essence regarding each provision of this
Zoning Agreement In which time is an element.
C, Waiver. Failure by a Party to insist upon the strict performance of any of the
provisions of this Zoning Agreement by the other Party, and failure by a Party to exercise Its
rights upon a default by the other Party, shall not constitute a waiver of that Party's right to
demand strict compliance by the other Party In the future.
D. Counterparts. This .Zoning Agreement may be executed In two or more
counterparts, each of which snail 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.
15-36
zoning Agreement
F. Construction. This zoning Agreement has been drafted after extensive
negotiation and revision, Both City and Operator are sophisticated parties who were
represented by independent counsel throughout the negotiations. City and Operator each
agree and acknowledge that the terms of this Zoning Agreement are fair and reasonable, taking
Into account their respective purposes, terms, and conditions. This Zoning Agreement shall
therefore be construed as a whole consistent with Its fair meaning, and no principle or
presumption of contract construction or interpretation shall be used to construe the whole or any
part of this Zoning Agreement In favor of or against either party.
G. No Third Party Beneficiaries. The only parties to this Zoning Agreement are City
and Operator. This Zoning Agreement does not involve any third party beneficiaries, and It Is
not intended and shall not be construed to benefit or be enforceable by any other person or
entity,
H. Applicable Law and Venue. This Zoning Agreement shall be construed and
enforced consistent with the Internal laws of the State of California, Any action arising under
this Zoning Agreement or brought by any Party for the purpose of enforcing, construing, or
determining the validity of any provision of this Zoning Agreement shall be flied 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.
1. 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 OFBEAC
j ",
By:
Edward Selich
Title: MAYOR OF NEWPORT BEACH
OPERATOR:
SOBER LIYJXQ BY THE SEA, INC.
r'
By:
Kevin Hogge
Title: CHIEF FINANCIAL OFFICER
9
15-37
zoning Agreement
By: po'M � &. 6 J��
Pamela Burke
Title: VICE PRESIDENT/SECRETARY
OPERATOR;
COMPREH SIVE ADDICTIONS PROGRAMS, INC.
Kevin Hogge ai:_f
Title: CHIEF FINANCIAL OFFICER
Pamela -Burke
Title; VICE PRESIDENT/SECRETARY
OPERATOR:
CRC HE CORPORATION
By:
Kevin Hogg
Title; CHIEF FINANCIAL. OFFICER
e�2j
By; e-,
Pamela Burke
Title: VICE PRESIDENT/SECRETARY
OPERATOR:
CRC HEA GROUP, INC.
By: - taz�� -
Kevin Hogge
Title: CHIEF FINANCIAL OFFICER
By:T'
&L
P ela Burke
Title. VICE PRESIDENT/SECRETARY
ld
15-38
Zoning Agroomenl
APPROVED AS TO FORM:
By:
David R. Hunt
Title. CITY ATTORNEY, CITY OF NEWPORT BEACH
ATTEST:
Ey:
Title:
46L -Q ba^,-
Lellanf Brown J
CITY CLERK, CITY OF NEE11
11
15-39
Zoning Agreement
Exhibit A
List of SLBTS Facilities
248-
Via Lido Solid'
; :ADP Licensed
100
Via Antibes
ADP Licensed
142
Via Antibes
' . ,4bP License
545
29th Street
ADP Licensed
116
A .B'
34th Street
Sober Living
X..
347
112
34th Street
Sober Living
X
309
112
34th Street
Sober Livin
X'
125
+1/2
139th Street
ADP Licensed
X
112
A &B-
40th Street
ober Living
118
A & B
45th Street
Sober Living
X
122
"A &113
45th Street
ADP. Licensed
5004
A & BNe
tune
Sober Living
514.1
AA 13'.
fiver
ADP Licensed ;
3960-80
Seashore
ADP Licensed
4500-04
Seashore
ADP Licensed
4711
Seashore
ADP Licensed
-4840.
Seashore
ADR.Llcbnsed
-X'
4816
Seashore.
Sober Living
5111
Seashore
AC PI[censed
6110
W Oceanfront
ADP Licensed
Closed. or closin
'
' May not be closed if 4816 Seashore is closed
15-40
Zoning Agreement
EXhIbIt B
Applicable Regulations
A. Number and Location of Facilities. Number and location of facilities which may be
utilized as Licensed Facilities or Sober Living Homes.
1. On and after the Effective Date of the ordinance adopting this Zoning Agreement,
there shall be no more than 20 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 dale of the ordinance adopting this Agreement, there
small be no more than IN 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 §20.03.030 of the
Newport Beach Municipal Code shall be located only In zones accommodating multi -family
residential uses outside of the Peninsula Zone. Sober Living shall provide the City with the
address of any new Facility resulting from placing beds per this section within thirty (30) days of
establishing the Facility.
5. On and after the Effective Date of the ordinance adopting this Agreement, Sober
Living shall locate all of Its newly established facilities utilized as Licensed Facilltles-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 affain 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 Sectlori A.S.
above as to its presently operating Licensed Facilities and Sober living Homes. All such
relocations must be to sites which have no other Facility, whether operated by Sober Living or
15-41
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:
• 912 40th Street and 3860-3980 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 streettalley); and
• 4711 Seashore and either 4800 Seashore or 4816 Seashore (across a bordering street
and dawn 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 property which
has a lot line located within 1,000 feet of any NMUSD elementary school or the large
commercial State -licensed day care facility listed on Exhibit B,
10. Sober Living shall not establish or operate a f=acility at any location which Is
adjacent to the 36th Street Tot Lot or the Marina lark Tot Lot so long as those tot lots are so
utilized.
B. Operational Regulations.
criteria: During the term hereof, Sober Living shall comply with all of the following operational
1. Sober. Living shall not provide any services to or house any parolee or parolees
from the California Department of Corrections or Its equivalent In any other State or the Federal
Bureau of Prisons In any of Its Facilities located In the City.
2, Any and all medical waste generated through the operation of a Sober Living
Homes or Licensed Facility shall be disposed of in accordance with all laws and best Industry
standards and practices.
3. Sober Living shall comply with City code provisions pertaining to trash
enclosures at all of its Sober living Homes or Licensed Facilites.
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 cessatlon program made available to all clients;
15-42
zoning Agreernent
(b) Apply a policy directing clients or residents to avoid littering cigarette butts on the
ground, floor, deck, sidewalk, gutter, or street.
(a) Apply a policy reminding clients not to use tobacco on beaches, boardwalks, and
piers consistent with City prohibitions against smoking in those areas.
6. 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 - 91 pm to 7 am.
8. Sober Living shall use good faith efforts to Implement the Route flans 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 Pians 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 Clty=
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 ed 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
15-43
Zoning Agreement
Ordinance's Use Permit process do not constitute agreements for the purposes of this
paragraph.
The three provisions are:
(a) An allowance of a percentage increase greater in bed counts greater than 30%
above the number operated by the Operator at the time of the agreement;
(b) Dispersion (i.e. one building per block and no facilities on streets facing each other)
more concentrated than for SLBTS under the terms of this Agreement; and
(c) Distancing from public elementary schools and large licensed clay 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 dlrects 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) SLSTS 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.
15-44
Exhibit e Zoning Agreement
2811 Villa Way -Lotter
CITY OF NEWPORT BEACH
PLANi1 UM Dlf.+,PMTNIEN'T
Patricia L. Temple, Director
August 25, 2006
Sill Swiney
Sober Living by the Sea
2811 Villa Way
Newport Beach, California 92563
RE: Sober Living by the Sea y- 2809, 2811, 2813 Villa Way, Newport Beach
Dear Bill:
I am in recelpi of your correspondence dated July 21, 2006. In your correspondence, you
discuss a proposal whereby Sober Living by the Sea (`Sober Living") would modify its use
of the property located at 2809-2813 Villa Way ("Sober Living Facility") so that It Is no
longer designated as a social club, as defined by Newport Beach Municipal Code Section
20.05.040. 1 have carefully reviewed your proposal and have determined that Sober
Living would not be designated as a social club if it was operated in the following manner:
1. The "large conference room," designated on the floor plans submitted on
August d, 2006 ("Pians% must be reduced so that tile maximum occupancy for this room
Is approximately 20 persons. Two cubicle type offices, the design of which will need to be
approved by the Planning Director In writing, will need to be constructed in the large
conference room.
2. The "small conference room," designated on the Plans, must be reduced so
that the maximum occupancy for this room is approximately 20 persons. A wall will need
to be constructed across the back of the small conference room, as indicated on the
marked up Plans which are attached hereto. The construction of the wall must comply
with all laws and regulations including, but not limited to, the Building Code.
3. A revised set of plans showing the wail in the small conference room and
the uses for each area of the property will need to be submitted to and approved In writing
by the Planning Director. After approval of the Plans, Sober Living'must use each of the
areas for the designated use and obtain the Planning Direotor's approval In writing prior to,
any change in use.
4. The area designated as the "covered patio," and other outdoor areas,
designated on the Plans may not be used by Sober Living clients except as provided
hereafter. Clients attending meetings scheduled at the Sober Living- Facility may
assemble In the covered patio area, or other outdoor areas, 10 minutes prior to a meeting
and 10 minutes after a meeting. Between the Fours 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
8300 Newport Boulevard - Post Mee Box 1768 . Newport Beach, Cailfon)1a 92658-8915
Telephone: (949) 644.3200 • Pax-. (949) 644-3229 - www, city. newport-beach.ca.us
15-45
outdoor area, for moro 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.
8. 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 l=aollltyr 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,
8. Any nurse at the Sober Living Facility shall only be on site Monday through
Friday from'7:00 am to 6:00 pm and on Saturday from 8:00 am to noon. There shall be
no nurse at the Sober riving 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 1=aoillty and will park vehicles associated
with the Sober Living Facility at the lot rather than on City streets or public parking lots.
For Instance, Sober Living currently uses six vans. These vans would be parked on the
lot rather than on City streets in the surrounding neighborhood or the City parking lot.
13. Sober Living will direct clients and ensure that clients riding bikes to the
Sober Living Facility access the facility by a route approved by the planning Director in
writing.
14. Sober living will provide trash and cigarette disposal containers and inform
their clients that they are not to dispose of litter on City streets or adjoining properties.
15-46
In summary, If Sorer Living operated in conformance with the foregoing conditions, it
would be my determination that Soifer 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
.. ._....._M�categaryofuse:. .. .. .. _.... .. .. ..._.
Please contact me at your earliest convenience so we can discuss a timeflne 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, Saber 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
15-47
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15-48
Zoning Agreement
Exhibit D
Depiction and Description of "Peninsula Zone"
Depiction of Peninsula Zone:
The lands within the yellow boundary as shown below.
Description of Peninsula Zone:
Starting at the mouth of the Santa Ana River:
• The land area southerly of the Newport and Seminouk Sloughs known as Newport Shores, and
• The land coastward of Pacific Coast Highway to Newport Boulevard known as Balboa Coves, West
Newport Beach, Lido Sands, and Newport Island; and
• The land southerly of a line extending along the Federal Navigational Channel between Newport
Boulevard and the Newport Harbor Jetty, known as the Balboa Peninsula, Lido Peninsula, Lido Isle,
Bay Island, and Cannery Village; and
• Southward on Newport Boulevard about 60 feet to Lower Newport Bay; and
All lands southerly of lower Newport Bay between Newport Boulevard down the Federal Navigational
Channel within the tower Bay, inclusive of tido Isle and Bay Island and inclusive of the Balboa
Peninsula.
15-49
zoning Agreement
Exhibit E
Specific Large DSS -Licensed Day Care Facflilles -- Peninsula zone
Faclffty No: 300000193 Capacity: 0044
CHRIST CHURCH BY THE SEA CHILDREN'S CENTER
9400 WEST BALBOA BOULEVARD
NEWPORT BEACH, CA
15-50
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.
15-51
3811 �yi 215
3 14- 711
Zoning Agreement
116 34" Street, A & B
The primary route of travel between Sober Living by the Sea's adminis#rative offices in
Cannery Village (2811 Viiia Way) and these residential dwelling units Is 32"d Street,
Balboa Boulevard, 34'x' Street, and Seashore Drive.
15-53
r
505 2911 Street
3012
N
F[T4"
Oil
L
SOTH f;T
112,
I M.
Zoning Agreement
RR,
15-54
The primary route of travel between Sober living by the
Sea's administrative offices In
Cannery Village (2811
ling units is Lafayette, 29111
Villa Way) and these residential dwelling
Street, and Villa Way.
15-54
112 40t" Street, Units A and B
3960-3980 Seashore Drive
Zoning Agreement
29
2s`
27�
;F4
PF
\.
{
QO
204
C
�n / 103 1,
am J 1111 i26
The primary route of travel between Sober LIving by the Sea's administrative off Ices in
Cannery Village (2811 Villa Way) and these residential dwelling units is along Balboa
Boulevard, Seashore, and 32nd Street,
15-55
Zoning Agreement
4816 Seashore
4711 Seashore
The primary route of travef between Sober Living by the Sea's administrative offices in
Cannery Village (281.1 Villa Way) and these residential dwelling units is along Balboa
Boulevard, 46' Street, Seashore, 51s' Street, and River Avenue.
15-56
Zoning Agreement
5101 River
5004 Neptune, A & B
The primary route of travel between Sober Living by the Sea's administrative offices in
Cannery Village (2811 Villa -Way) and these residential dwelling units Is along Balboa
Boulevard, River Avenue, 50th Street, Neptune, and 51st Street.
15-57
6111 Seashore
6114 West Ocean Front
r
Zoning Agreement
The primary route of travel. between Sober living by the Sea's administrative offices In
Cannery Village (2811 Villa Way) and these residential dwelily units Is. along Newport
Boulevard, Coast Highway, Prospect, Ocean Front Alley VII, 62 Street, and Seashore.
15-58
Exhibit a
Compliance Report Template
(Hate Report Submitted)
This form covers the period of (month, day) through (month, day), 20_.
During the above period, Sober Uving by the Sea'managed or controlled the following faellltles
In Newport Beach:
15-59
Attachment C
Zoning Agreement Administration Protocol Memorandum
15-60
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 ("SI -STS"), 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.
15-61
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.
1.8 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.
15-62
Zoning Agreement Administration Protocol
October 28, 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.p racility Relocation
City staff Is responsible for administering more than one zoning Agreement with Drug and
Alcohol Recovery f=acility 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.
r
Cc:
David Kiff, City Manager
Jim Campbell, Planning Director
rA09-044171- JB & MC from DRH re 7A Admin Protocol
15-63
Attachment D
November 12, 2014, City Council Minutes
15-64
City of Newport Beach
Study Session and Regular Meeting
November 12, 2014
Amended motion by CQpncil Member Petrol seconded b Co neil Member Gardner, to
direct staff to pursue the contract, but bring the item back for approval.
City Attorney Harp reported that the contract can be terminated within seven days with notice.
City Manager Ki:ff suggested continuing the matter to allow staff to continue working on the terms of
the contract.
Substitute_ motion by C
jounpil,Member Petrol seconded b ouncil Member flenp, to
continue the item.
In response to Council Member Henn's question, Ms, Cassidy addressed the separation between the
winning contract and the next low bidder.
The substitute motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council
Member Henn, Mayor Pro Tem Selich, Mayor Hill
Absent: Council Member Daigle
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Jim Stratton, Balboa Village Advisory Committee (BVAC), announced that he will be out of town when
Council considers the parking plan for Balboa Village. He spoke in support of the plan and commented
on consideration of the plan. by BVAC. He noted that each pant of the plan is vital to the success of the
area. He stressed that, by redirecting overnight parkers to regular public parking, it opens up the
streets to day -use beach visitors. Council Member Petros thanked Mr. Stratton for his diligent work on
the BVAC.
Regarding Measure Y, Jim Mosher noted that the public is very sensitive to the smallest amount of
traffic being added to City atreets and commented on a slide that Mayor Pro Tem Selich displayed at a
past meeting showing the quantities of daily trips expected in the City upon build -out of the present
General Plan compared to the previous General Plan, and the related impacts of traffic. He believed
that the idea of greater self-sufficiency should be pursued.
XIII. ORAL REPORTS FROM CITY COUN TL ON COMMITTEE ACTTVTTZES
Council Member Gardner reported that she was asked to be a judge for the Corona del Mar Youth in
Government presentations and commented on the various proposals. She indicated that the four
selected proposals will be presented to staff members when they visit Sacramento. She commented
positively ion the experience.
Council Member Henn reported that the Tidelands Management Committee (TMC) met on October 29,
2014, where it considered an update on eelgrass and on the Balboa Island sea wall repair/ replacement
project.
XIX. PUBLIC HEARING
25. Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living
by the Sea, Inc. (PA2010-150) (C-4145)1381100-20141
Council Member Henn recused himself from this item since he has a consulting
relationship with a business in Via Lido Plaza.
Volume 62 _ Page 104
15-65
City of Newport Beach
Study Session and Regular Meeting
November 12, 2014
Senior Planner Murillo provided a PowerPoint presentation, addressing compliance review, current
locations of facilities, Code enforcement inspections and results, complaints and citations,
administrative operations, and recommendations.
Motion by Council Member Qardner. _seconded by Council Member Curry, to a) find this
review 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 8, because this review enforces an entitlement for use adopted by the
City and has no potential to have a significant effect on the environment; b) find that Sober Living
by the Sea has demonstrated good faith compliance with the terms of the Zoning Implementation
and Benefit Agreement; and c) receive and file documents submitted by Sober Diving by the Sea to
demonstrate good faith compliance with the terms of the Zoning ImEplementation. and Public Benefit
Agreement. '
Council Member Curry noted that this is an example of a City Ordinance and a responsible business
working together for the good of the community.
Mayor Hill opened the public hearing. Hearing no testimony, he closed the public hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Mayor Pro
Tem Selich, Mayor Phil
Recused: Council Member Henn
Absent: Council Member Daigle
. CURRENT BUSINESS
26. Proposed Bayview Heights Drainage Improvement Project [100-20141
Council Member Gardner recused herself from this item since she is a Newport Beach
Conservancy Board Member.
Public Works Director Webb provided the project background, meetings with residents and the
Newport Beach Conservancy, and development of a plan using contributions from the current
property owners and use of grant money. He indicated that the City would administer the grant and
obtain the necessary permits. He addressed contributions received for the design, receipt of the
grant, and the possibility of lowering the property owners' contributions.
Council Member Petros questioned why the property owners feel their contributions should be
reduced.
Mayor Hill commented on a picture' in the staff report showing the severity of the drainage and he
questioned why the City is act responsible.
Justin Cox addressed the importance of water quality, thanked staff, and referenced a slide in the
PowerPoint presentation showing where the storm drain ends. He noted that it destroys private
property and commented on the original agreement. He believed that the City and/or County caused
the problem and. questioned why the property owners should be required to contribute to fix it. He
reported that, as property owners, they are helping with the habitat restoration in the area and are
trying to work with the City to resolve the issues.
Volume 62 - Page 105
15-66
Attachment E
Villa Way Facility and Lafayette Offices
Matrix
15-67
Condition Category
Zoning Agreement with Sober Living by the Sea -
Specific Requirements 44MICompliance
:r• and 2805:rr2015
Remobwom
Compliance
Report
Notes
Large conference room size reduced
20 person max occupancy
Final City approval 2/5/09
In compliance.
Two office cubicles constructed within
Planning Director must approve design in writing
Final City approval 2/5/09
In compliance.
large conference room
Small conference room size reduced
20 person max occupancy
Final City approval 2/5/09
In compliance.
Wall constructed across back of small
Wall must be CBC compliant; revised plans submitted &
Final City approval 2/5/09
In compliance.
conference room
approved by Planning Director in writing
Covered patio and other outdoor areas
No longer using outdoor
used by SLBTS clients only as stated in
See 1 through 5, below
patio areas or offices.
Moved offices to 2800
Only use 2809 Villa Way for meetings.
8/25/06 letter from Planning Director
Lafayette.
1. Outdoor areas - client congregation before
May congregate outdoors no more than 10 minutes before
In compliance.
City staff has received assurances from SLBTS that SLBTS clients do
meetings
meeting
not congregate on patio more than 10 minutes prior to meetings.
2. Outdoor areas - client congregation after
May congregate outdoors no more than 10 minutes after
In compliance.
City staff has received assurances from SLBTS that SLBTS clients do
meetings
meeting
not congregate on patio more than 10 minutes after meetings.
3. Outdoor areas - client congregation before
7:00 a.m. - 8:30 a.m., clients may congregate no more than 10
City staff requested and received assurances from SLBTS that
morning transport from Villa Way facility to
minutes after a meeting
In compliance.
SLBTS is in compliance with this requirement.
other locations
4. Outdoor areas - client congregation after
afternoon transport to Villa Way facility from
1:00 P.M. - 3:00 p.m., clients may congregate no more than 10
In compliance.
City staff requested and received assurances from SLBTS that
other locations
minutes prior to either a meeting or dispersal from facility
SLBTS is in compliance with all transportation requirements.
5. No client congregation at facility for
City staff requested and received assurances from SLBTS that
transportation, except as provided in items 3
See above
SLBTS is incompliance with all transportation requirements.
and 4, immediately above
Client meetings at facility permitted, with
Records submitted
SLBTS began keeping required attendance logs again in Summer
restrictions on number of meetings and
See 1 through 5, below
9-8-14
In compliance.
2010. Records submitted by SLBTS in indicate 10 client meetings per
attendees
week.
1. No more than 10 meetings per week, on
Averaged over 4 week period
Records submitted
In compliance.
average
9-8-14
Generally 10 meetings week
2. No more than 12 meetings in any single
No more than 2 meetings held concurrently at site
Records submitted
In compliance.
week
9-8-14
Generally 10 meetings week
3. No more than 20 attendees at any meeting
No more than 2 meetings held concurrently at site
Records submitted
9-8-14
In compliance.
Records show meeting attendance usually 7-12 clients
In compliance.
4. Records maintained to show number of
Records maintained 12 months, verified by SLBTS employee,
Records submitted
Records being
maintained
SLBTS maintained attendance logs for 2014-2015, included in
meetings held and attendees present
inspected by City upon request
9-8-14
included in
Attachment A.
Attachment A.
5. Meetings w/ more than 20 persons held in
Large meeting facilityopened in 2007 in Costa
In compliance.
Meeting facility in Costa Mesa open at 191h St. location in 2007 for
another location
Mesa
large meeting purposes.
No client attending Villa Way meetings
In compliance.
City staff requested and received assurances from SLBTS that
allowed tooperate a motor vehicle
SLBTS is in compliance with this requirement.
Facility hours limited
See 1-3 below
In compliance.
City staff requested and received assurances from SLBTS that
SLBTS is in compliance with this requirement.
15-68
Zoning Agreement with Sober
Condition Category Specific Requirements MiCompliance
:r• and 2805:rr2015
Revi am
L_ Result
Compliance
IM"
Report J1
Notes
6:30 a.m. - 8:30 p.m. Clients must leave facility 10 minutes after
1. Meetings and prescription pickup
meeting or prescription pickup.
In compliance.
City staff requested and received assurances from SLBTS that
SLBTS is in compliance with this requirement.
2. Onsite nurses
Monday - Friday 7:00 a.m. - 5:00 p.m., Saturday 8:00 a.m. -
In compliance.
City staff requested and received assurances from SLBTS that
Noon. No nurses onsite Sunday.
SLBTS is in compliance with this requirement.
Zoning Compliance letter
issued by the Community
Office Use at 2800 Lafayette
Development Director on
March 5, 2013, for the
relocation of the offices.
1. Client check-in
Limited to 7:00 a.m. to 5:00 p.m.
Incompliance.
City staff requested and received assurances from SLBTS that
SLBTS is in compliance with this requirement.
2. Use of the computer lab
Limited to 9:00 a.m. to 4:00 p.m.
Incompliance.
City staff requested and received assurances from SLBTS that
SLBTS is in compliance with this requirement.
3. Client congregation
Prohibited and clients not permitted to assemble for
City staff requested and received assurances from SLBTS that
transportation
In compliance.
SLBTS is in compliance with this requirement.
3. Other staff
2 staff may be onsite until 11:00 p.m. to receive calls
Incompliance.
City staff requested and received assurances from SLBTS that
SLBTS is in compliance with this requirement.
Shall be used by employees only and not as a client
City staff requested and received assurances from SLBTS that
4. Upstairs patio
congregation. Smoking is prohibited on the public boardwalk
In compliance.
SLBTS is in compliance with this requirement.
adjacent to 2800 Lafayette
Parking lot re -striped,
SLBTS relocated offices to 2800 Lafayette which includes the parking
2805 Villa Way Parking Lot
Provide 13 spaces used for vehicle parking and storage by
landscaping approved
Incompliance.
lot at 2805 Villa Way that provides 13 parking spaces. A site
Sober Living staff and transport vans
and Building Permit
inspection completed prior to final of the Building Permit confirmed
issued.
landscaping and parking spaces per permitted plans.
1. Bike Racks
Bike racks allowed to be maintained behind meeting facility at
In compliance.
If existing area becomes no longer available bike racks must be within
2809 Villa Way.
a secured enclosure sufficient to screen from public view subject to
review and approval by the Community Development Department.
Re -stripe the lot subject to review and approval by the
Final City approval
Parking lot re -striped, landscaping approved and Building Permit
2. Re -stripe lot
Community Development Department
6/12/13.
In compliance.
issued. City staff completed site inspection prior to final of Building
Permit for parking lot re -stripe and new landscaping.
SLBTS worked with City Urban Forester to upgrade landscaping
3. Landscaping
Upgrade existing landscaping subject to review and approval by
Final City approval
In compliance.
which was reviewed and approved with the re -striping of the parking
the Community Development Department
6/12/13.
lot. City staff completed site inspection prior to final of Building Permit
for parking lot re -stripe and new landscaping.
Clients riding bikes to facility must use
Written route plan provided by SLBTS 10/26/06; approved by
In compliance
On 10/21/10, City staff presented SLBTS with 2006 written route plan;
Plannin Director -approved route
Planning Division
SLBTS confirmed SLBTS staff would enforce.
Waste and cigarette disposal containers
Must be provided onsite at facility
In compliance
City staff requested and received assurances from SLBTS that
SLBTS is in compliance with this requirement.
Appeal of use permit denial withdrawn
Appeal withdrawal a required condition to Planning Director's
without prejudice
finding that use permit no longer needed
SLBTS must apply for use permit for Villa Way lodge/social club
"Any deviation from the foregoing conditions or any additional
Remedy for Violations
uses; City may use general police powers to obtain compliance
assembly at the Sober Living Facility would change the category of
with use permit requirement
use." 8/25/06 Planning Director's letter
15-69
Attachment F
Zoning Clearance Letter for Office
Relocation
15-70
COMMUNITY DEVELOPMENT DEPARTMENT
3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644-3200 Fax: (949) 644-3229
www.newportbeachca.gov
ZONING CLEARANCE
Supersedes Letter dated February 11, 2013
March 5, 2013
Mr. James Bailey
Executive Director
Sober Living by the Sea
2811 Villa Way
Newport Beach CA 92663
RE: Sober Living by the Sea — Proposed Relocation of Administrative
Offices to 2800 Lafayette Avenue and Use of Parking Lot at 2805 Villa
Way, Newport Beach
Dear Mr. Bailey:
The 2009 Zoning Implementation and Public Benefit Agreement (Zoning
Agreement) between the City of Newport Beach (City) and Sober Living by the
Sea (Sober Living) memorialized the use and the conditions of operation of its
administrative offices and meeting facility at 2809, 2811, and 2813 Villa Way.
The August 25, 2006, letter from the City's Planning Director to Sober Living
described those conditions.
Sober Living has recently requested zoning approval to re -locate the
administrative offices from 2811 and 2813 Villa Way to 2800 Lafayette Avenue,
while maintaining the existing facility at 2809 Villa Way, which includes a meeting
area. As the City understands, it is also Sober Living's intent to use the existing
parking lot at 2805 Villa Way for the parking of employee and transport vehicles
as well as for storing bicycles that are available for client use.
15-71
The City's Zoning Code designates 2800 Lafayette Avenue as MU -W2 (Mixed -
Use Water) in which Professional Offices are a Permitted use (Table 2-9 Allowed
Uses and Permit Requirements). The proposed office use is consistent with the
MU -W2 Zoning District, provided the following conditions are followed:
1. The use of 2800 Lafayette Avenue is limited to only office uses for Sober
Living, client check-in, and a small ancillary computer lab (5-7 stations).
Client group meetings, client picking up and/or consuming prescriptions, or
client consulting with a nurse shall not occur at 2800 Lafayette Avenue.
2. Client check-in shall be limited to 7:00 a.m. to 5:00 p.m.
3. Client use of the computer lab shall be limited to 9:00 a.m. to 4:00 p.m.
4. Clients may use the building entrance facing 28th Street, but should
neighborhood concerns result, the client entrance shall be relocated to the
Lafayette Avenue entrance.
5. Outside client congregation is prohibited at 2800 Lafayette Avenue.
6. The outdoor upstairs patio at 2800 Lafayette Avenue shall be used by
employees only and not be used as a client congregation area. Smoking is
prohibited on the public boardwalk adjacent to 2800 Lafayette Avenue
pursuant to Municipal Code Section 11.04.080.
7. Provide a revised set of floor plans for 2800 Lafayette Avenue showing the
uses for each area for review and approval by the Community
Development Director.
8. Clients will not be allowed to assemble at 2800 Lafayette Avenue for the
purpose of being transported to another location.
The City's Zoning Code designates the existing parking" lot at 2805 Villa Way as
MU-CV/15th Street (Mixed -Use Cannery Village and 15t Street) in which Parking
Facilities are allowed by Minor Conditional Use Permit (Table 2-8 Allowed Uses
and Permit Requirements). The proposed continued use of the property as a
parking lot does not require any discretionary review and approval. However, the
following improvements are requested:
1. Provide 13 off-site parking spaces at 2805 Villa Way which will be used for
vehicle parking and storage by Sober Living staff and transport vans. All
vehicles associated with Sober Living shall be parked at this lot rather than
on City streets or public parking lots. For instance Sober Living vans shall
be parked on the lot rather than on City streets in the surrounding
neighborhood or the City parking lot.
Page 2
15-72
2. Screen re -located bike racks within a secured enclosure (e.g., a block wall)
sufficient to screen from public view subject to review and approval by the
Community Development Department (Building Permit required).
3. Re -stripe parking lot subject to review and approval by the Community
Development Department (Building Permit required).
4. Upgrade existing landscaping subject to review and approval by the
Community Development Director.
5. Provide plan of parking lot and bike racks with enclosure as conditioned
above for plan check.
6. Clients will not be allowed to assemble at the parking lot for the purpose of
being transported to another location.
Please note that all conditions stated in the Zoning Agreement regarding its
general operation and the use of 2809 Villa Way will remain in effect.
In summary, if Sober Living operates in conformance with the foregoing
conditions, it would be my determination that Sober Living's use of 2800
Lafayette Avenue and 2805 Villa Way would be in conformance with the City's
Zoning Code.
Please provide the plans and coordinate with staff to obtain required approvals
stated above prior to occupying 2800 Lafayette Avenue. After all of the approvals
are obtained, the plans along with all of the foregoing conditions will be reviewed
annually by the City of Newport Beach as a part of the Zoning Agreement's
Periodic Review of Compliance.
Sincerely,
Kimberly Brand , AICP
Director
cc: Aaron C. Harp, City Attorney
Matt Cosylion, Code Enforcement Supervisor
Page 3
15-73
Attachment G
SLBTS Compliance Reports
15-74
Exhibit G
Sober Living By The Sea
Bi -Annual Compliance Review Report
Date Report Submitted: 1.9.2015
This report covers from June 30, 2014 to December 31, 2014
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:
Total Bed Count: 44
Submitted by: James Bailey on behalf of Sober Living by the Sea
15-75
SLBTS FACILITIES
Property Address
Peninsula
Zone
(Y or N)
Treatment Bed Count
Peninsula Off
Peninsula
ADP
License
(Y or N)
4138 Patrice
(N)
6
Y
4142 Patrice
N
6
N
4711 Seashore
Y
6
Y
4711 1/2 Seashore
Y
2
N
5004 Neptune, unit A
Y
6
N
5004 Neptune, unit B
Y
6
N
6110 West Ocean Front
Y
6
Y
6111 Seashore
Y
6
Y
Total Bed Count: 44
Submitted by: James Bailey on behalf of Sober Living by the Sea
15-75
Exhibit G
Sober Living By The Sea
Bi -Annual Compliance Review Report
Date Report Submitted: 8.17.2015
This report covers from Jan 1, 2015 to June 30, 2015
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:
Total Bed Count: 44
Submitted by: James Bailey on behalf of Sober Living by the Sea
15-76
SLBTS FACILITIES
Property Address
Peninsula
Zone
(Y or N)
Treatment Bed Count
Peninsula Off
Peninsula
ADP
License
(Y or N)
4138 Patrice
(N)
6
Y
4142 Patrice
N
6
N
4711 Seashore
Y
6
Y
4711 1/2 Seashore
Y
2
N
5004 Neptune, unit A
Y
6
N
5004 Neptune, unit B
Y
6
N
6110 West Ocean Front
Y
6
Y
6111 Seashore
Y
6
Y
Total Bed Count: 44
Submitted by: James Bailey on behalf of Sober Living by the Sea
15-76
Attachment H
Inventory of Client Beds as of September
2015
15-77
SOBER LIVING BY THE SEA, INC.
Inventory of Client Beds as of September 2015
Street
No.
Unit Street
Beds
May
108
Beds
Dec.
109
Beds
June
110
Beds
June
`11
Beds
Sept.
`12
Beds
Sept.
`13
Beds
Sept.
`14
Beds
Sept.
`15
200
amide fed
6
4
4
400
` 4a4V be:
6
4
4
402
Via Antibes
6
4
4
505
29 -st--
6
6
6
6
6
6
6*
446
A 34 -st,
6
446
B 34 St,
6
307
JA 34 -St-.
6
309
1A 34 St,
6
425
39 �
6
425
JA 39
6
442
A 40 �
0
2-
442-
442
B 4() -St--.
6
6
6
6
6
426
A 44 St,
5
5
426
B 44 St,
4
4
434
A 4,3--S4-.
6
434
B 43 St,
6
443
A 45 St,6
4
443
B 45 St,6
2
422
A 45 St,
6
4
422
B 45 St,
6
6
423
A 45 St,
6
423
B 45 St,
6
5004
A Neptune St.
6
6
6
6
6
6
6
6
5004
B Neptune St.
6
6
6
6
6
6
6
6
5481
A Rover Ave,
6
4
5481
B R,Rnrvei-Ac
6
6
6
6
6
6
1}
3960
Seasherenr
6
4
4
39W
Seashero nr
6
6
6
6
6
6
4500
Seashero nr
6
4
4
4
4504
Seashore nr.
6
6
6
6
4711
Seashore Dr.
6
6
6
6
6
6
6
6
47111/2
Seashore Dr.
2
2
2
2
2
4300
A Seashero nr
6
4
4
4
5
5
5°`
4880
B Seashero nr
6
6
6
5
5
5
5-
4846
A Seashero nr
6
4
4
4846
B Seashero nr
6
6
6
6111
Seashore Dr.
6
6
6
6
6
6
6
6
6110
W. Ocean
Front
6
6
6
6
6
6
6
6
4138
Patrice Rd.
6
6
6
6
6
4142
Patrice Rd.
6
6
x42
A&B 1
4-0
4-0*
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
70
13
DU's
44
8 DU's
44
8 DU's
(*closed March 2013)
15-78
Attachment I
Map of SLBTS Facilities — Open and
Closed as of September 2015
15-79
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15-80
Attachment J
Compliance Matrices
Overall Compliance Matrix and
Individual Facility Matrices
15-81
Condition Category
�iSober Living.
S Inspection Date and Location
OvergiWirations
Result-.
4 facilities inspected 5/6/15 (5004 A & B
Neptune Ave., 4138 Patrice Rd., 4142 Patrice
Semi-annual compliance
Client bed limit
No more than 204 Citywide, Peninsula no more than
Rd., 6110 W. Ocean Front) ; 4 facilities
inspected 9/24/15 (4711 & 4711 1/2 Seashore
reports consistently
showed bed counts under
Interior inspections in May and September showed bed counts consistent with
156
Dr., 5004 A&B NEptune As., 6111 Seashore
limits citywide and in
counts reported by SLBTS.
Dr., 6110 W. Ocean Front); External inspection
Peninsula Zone
of all facilities 5/6/15 and 9/22/15
Lido Isle limit
No more than 12 beds on Lido Isle
In compliance
SLBTS Lido Isle facilities closed July 31, 2010
Except 156 beds in Peninsula Zone and
Facilities outside Peninsula Zane located in MFR only. .
Incompliance
New facility established September 2013 at 4142 Patrice Road outside
Lido Isle, all facilities located in MFR
Peninsula Zone. The property is zoned Multi -Unit Residential.
New facilities opened after effective date
New facility established September 2013 at 4142 Patrice Road. The facility is
-one facility per block, or across
Block is area bounded by four streets, not alleys.
Incompliance.
located within the same building as the 4138 Patrice Rd facility. No other
bordering street
facilities are located in a separate building within the same block.
Ordinance Effective Date : 5/12/09
Dispersal - disperse to one facility per
Dispersal Date: 11/12/11
block w/in 30 months of effective date of
Exceptions not required to disperse: 112 40th St.
In compliance, final
118 45th St. or 122 45th St. - BOTH CLOSED
ordinance adopting agreement. Four
and 3960-3980 Seashore; 122 45th St. and 4500-4504
required dispersal
exceptions under DA may remain w/in
Seashore; 6110 W. Ocean Front and 6111 W. Ocean
completed 12/27/10.
307 1/2 34th St. or 309 1/2 34th St. - BOTH CLOSED
same block.
Front; 4711 Seashore and either 4800 Seashore or
4816 Seashore
4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27/10.
No new facility established outside
Peninsula Zone until dispersal
In compliance
Dispersal completed as of 12/27/10
completed.
Proximity to schools, large day care
No facility w/in 1,000' of NMUSD elementary school or
In compliance
facilities
large day care facility
Proximity to parks
No facility adjacent to 36th tot lot or Marina Park tot
In compliance
oSt.
Parolees from CA Dept. of Corrections or equivalent
SLBTS reports no parolees at any SLBTS address.
Parolees and government referrals
d, government
prohibited, government referrals prohibited. Other
NBPD performed parolee checks 1/28/10,
In compliance
NBPD reports no parolees at any SLBTS facility as of 2-1-11. Effective Feb.
parolee/probationers - 1 per dwelling unit allowed
4/29/10, 7/29/10, 9/30/10, 10/21/10, and 2/1/11.
2011, NBPD requests they be asked to supply this information only for criminal
law enforcement purposes.
Medical waste disposal
Disposed of in accordance with law and best practices
Interior inspections 5/6/15 & 9/24/15 . SLBTS
states no medical waste generated at any of its
In compliance
SLBTS management has instructed all staff at all facilities in proper procedures
facilities.
and preferred disposal method.
Other waste disposal
Comply with NBMC trash enclosure provisions
Inspected at exterior inspections of all facilities.
In compliance.
Good faith effort to prevent smoke affecting neighboring
Inspected at 8 facilities interior inspections
Complaint received in
Secondhand smoke
properties; direct clients not to litter with tobacco
5/6/15 & 9/24/15.
In compliance
February 2015.
Complaint addressed imediately with verbal warning and no further complaints.
products or violate smoking prohibitions
Two complaints received
The August complaint reuslted in a Notice of Violation and the Septmber
Inspected at 8 facilities interior inspections
in
in May 2015, one
in August 2015
complaint resulted in a Administrative Citation. As a part of the Action Plan
Off-street parking
Comply with NBMC requirements for off-street parking
5/6/15 & 9/24/15.
In compliance.
and one complaint in
found under #5 in Attachment A the problem was identified as lack of on-site
Septmeber 2015 regarding
management training for new staff and has been adressed with amended
obstructina the oublic riaht
Action Plan. Inspections in September found parking in compliance.
Required staffing
24-hour hotline for complaints
In compliance
24 -Hour Complaint Hotline - (949) 5541147
Quiet hours, all residents inside: Sun - Thurs: 10 p.m. -
Quiet hours
7 a.m.;
In compliance
Fri - Sat: 11 p.m. - 7 a.m.
No complaints received.
Client transport routes
Routes submitted to City, good faith efforts to adhere
In compliance
required
Deliveries
During customary times for deliveries in residential area
In compliance
No delivery complaints received
Clients per bedroom
2 clients per bedroom unless size of structure warrants
Inspected at 8 facilities interior inspections
In compliance
All facilities inspected had 2 per bedroom or fewer client beds.
more for any single bedroom
5/6/15 & 9/24/15.
2811 Villa Way meeting facility
Comply with terms of 8/25/06 letter
In compliance with terms
Re -location of offices provides the minimum 13 off-street parking spaces for
of letter.
SLBTS vehicles and found compliant with Zoning Agreement.
Reporting Frequency
Semi annually; by December 31 and June 30
Compliance reports submitted 1/9/15 and
In compliance
8/17/15.
Remedies for Violations
Specific performance, general police powers
15-82
MW V SLBTS Zoning
Agreement - 2014-2015Compliance
Category Specific Requirements
No
Inspection Date
ComplaintsCondition
Result . NBPD.Code Notes
Enforcement
Facility address: 4711 and 4711 1/2 Seashore, _
client beds at 4711, 2 client beds at 4711 1/2
Inspection 9/24/15
None
This facility OPEN as of 10/1/10.
since 9/1/10.
Except 156 beds in Peninsula Zone and Lido Island,
Facilities outside Peninsula Zone
This facility located in
all facilities located in MFR
located in MFR only.
Peninsula Zone
New facilities opened after effective date - one
Block is area bounded by four
facility per block, or across bordering street
streets, not alleys.
Ordinance Effective Date
5/12/09
118 45th St. or 122 45th St. - BOTH CLOSED
Dispersal - disperse to one facility per block Win 30
Dispersal Date: 11/12/11
Exceptions not required to
307 1/2 34th St. or 309 1/2 34th St -BOTH CLOSED
months of effective date of ordinance adopting
disperse: 112 40 th St. and 3960-
Exception under ZA - no
4800 Seashore or 4816 Seashore 4816 CLOSED 12/27/10
agreement. Four exceptions under DA may remain
3980 Seashore; 122 45th St. and
dispersal required
Win same block.
4500-4504 Seashore; 6110
Oceanfront and 6111 Ocean
Front; 4711 Seashore and either
4800 Seashore or 4816 Seashore
No new facility established outside Peninsula Zone
In compliance. Dispersal of
until dispersal completed.
final location complete
12/27/10.
No facility Win 1,000' of NMUSD
Proximity to schools, large day care facilities
elementary school or large day
In compliance
care facility
Proximity to parks
No facility adjacent to 36th St. tot
In compliance
lot or Marina Park tot lot
Parolees from CA Dept. of
Corrections or equivalent
NBPD1/ performed parolee checks28/10,
SLBTS reports no parolees at any SLBTS address.
Parolees and government referrals
prohibited, government referrals
1/ 4/29/10, 7/29/10,
Incompliance
NBPD reports no parolees at any SLBTS facility as of 2-1-11.
prohibited. Other
9/30/10, 10/21/10 and 2/1/11.
Effective Feb. 2011, NBPD requests they be asked to supply this
parolee/probationers - 1 per
information for criminal law enforcement purposes only.
dwelling unit allowed
Medical waste disposal
Disposed of in accordance with
9/24/15
No complaints received
SLBTS management has instructed all staff at all facilities of proper
law and best practices
procedures and preferred disposal method.
Other waste disposal
Comply with NBMC trash
5/6/15 & 9/24/15
Incompliance
Refuse containers were covered with lids and stored in the side yard
enclosure provisions
in compliance with NBMC section 6.04.150(A).
Installed cigarette receptacles at all facilities and have designated
Good faith effort to prevent smoke
In compliance with action
areas for smoking. In response to complaints received, an Action Plan
affecting neighboring properties;
taken to address complaint, no
Complaint received on February
has been created to found under #4 in Attachment A: A. SLBTS
Secondhand smoke
direct clients not to litter with
5/6/15 & 9/24/15
smoke or related litter
9, 2015.
management to educate all clients and staff on the smoking policy
tobacco products or violate
observed
moved to garage only; and B. Implement smoking policy and
smoking prohibitions
repercussions for non -adherence. First verbal warning given in
response to complaint. No others received.
Comply with NBMC requirements
In compliance with action
Complaints received in May
As a part of the Action Plan found under #5 in Attachment A the
Off-street parking
for off-street parking
5/6/15 & 9/24/15
taken to address complaint.
2015 and in August and
problem was identified as lack of on-site management training for
September 2015.
new staff and has been adressed with amended Action Plan.
Inspection on 9/24/15 found parking in compliance.
Required staffing
24-hour hotline for complaints
In compliance
Hotline - 949 554-1147
Quiet hours, all residents inside:
Quiet hours
Sun - Thurs: 10 PM - 7 AM;
No noise complaints received
Fri -Sat: 11 PM - 7 AM
Client transport routes
Routes submitted to City, good
No transport route complaints
faith efforts to adhere required
received specific to this facility.
Deliveries
During customary times for
No delivery complaints
deliveries in residential area
received
2 clients per bedroom unless size
Clients per bedroom
of structure warrants more for any
9/24/15
2 per bedroom or less
si nqIe bedroom
Reporting Frequency
Semi annually; by December 31
Compliance reports submitted
1
In compliance
and June 30
1/9/15 and 8/17/15.
15-83
Attachment K
Code Enforcement Inspection Reports
15-84
Memorandum
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: Brian Contino, Code Enforcement Officer
Date: May 6, 2015
Re: Sober Living by the Sea — Zoning Agreement Compliance Inspection
On May 5, 2015, 1 inspected the exterior for all Sober Living by the Sea ("SLBTS") facilities, all
facilities were clean and no violations found. On May 6, 2015, 1 inspected the following Sober Living
by the Sea ("SLBTS") facilities: 5004 Neptune Ave. 4138 Patrice Rd., 4142 Patrice Rd. and 6110
West Ocean Front. 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 January 9, 2015,
and to verify that each facility is in compliance with the operational regulations outlined in Exhibit B to
the Zoning Agreement ("ZX).
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 64 beds on the Balboa Peninsula
and 6 beds off the Peninsula for a total of 70 beds.
As required by the Zoning Administration Protocol dated October 29, 2010, and Condition No. 14 of
the ZA, SLBTS was notified approximately four hours in advance of the time of the inspection and the
facilities to be inspected.
5004 Neptune Ave
This location is a licensed, male only facility.
Program Director.
Kim Homan
Facility Name:
N/A
11Page
15-85
Bed Count.,
Unit A
Bedroom 1: 2 beds
Bedroom 2: 2 beds
Bedroom 3: 2 beds
Facility Total: 6 beds
Unit B (5004 Seashore Drive
There were a total of four (4) bedrooms in this unit. One bedroom was used by staff member John
Torres who lives on site full time.
Bedroom 1: 1 bed
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. All smoking areas were clearly
marked and had cigarette receptacles. The City has received no complaints regarding secondhand
smoke or discarded cigarettes at this location.
Off -Street Parking:
There are two covered (garage) 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 the garage in compliance with NBMC section 6.04.150(A).
Complaints:
There were no complaints filed with the City during this review period
6110 West Ocean Front
2 1 P a g e
15-86
This location is a licensed, female only facility
House Manager.
Jennifer Devore
Facility Name:
The Rose
Bed Count
First Floor
Bedroom 1: Office
Bedroom 2: 2 beds
Second Floor
Bedroom 1: 1 beds
Bedroom 2: 1 bed
Bedroom 3: 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. All smoking areas were clearly
marked and had cigarette receptacles. The City has received no complaints regarding secondhand
smoke or discarded cigarettes at this location.
Off -Street Parking:
There are two covered parking spaces for this property. All the parking spaces were clear and
accessible for parking as required by Newport Beach Municipal Code ("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 the garage in compliance with NBMC section 6.04.150(A).
Complaints:
There were no complaints filed with the City during this review period.
4142 Patrice Ave
3 1 P a g e
15-87
This location is a licensed female only facility.
Program Director.
Leslie Chappelle
Facility Name:
N/A
This location has a total of five bedrooms. The bedroom on the first floor is occupied by Leslie
Chappelle who lives on site full time.
First Floor
Bedroom 1: 1 Bed used by Leslie
Second Floor
Bedroom 1: 2 beds
Bedroom 2: 2 beds
Bedroom 3: 1 bed
Bedroom 4: 1 bed
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. All smoking areas were clearly
marked and had cigarette receptacles. The City has received no complaints regarding secondhand
smoke or discarded cigarettes 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 the side yard in compliance with NBMC section 6.04.150(A).
Complaints:
There were no complaints filed with the City during this review period
4138 Patrice Ave
4 1 P a g e
15-88
This location is a licensed, Co-ed facility.
Program Director:
Justin Gatfield
Facility Name:
Bed Count.,
First Floor
Bedroom 1: 2 beds
Second Floor
Bedroom 1: 2 bed
Bedroom 2: 2 bed
Bedroom 3: Office
Bedroom 4: Office
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. All smoking areas were clearly
marked and had cigarette receptacles. The City has received no complaints regarding secondhand
smoke or discarded cigarettes at this location.
Off -Street Parking:
There are two covered (garage) parking spaces for this property. All 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 the garage in compliance with NBMC section 6.04.150(A).
Complaints:
There were no complaints filed with the City during this review period
Findings
5 1 P a g e
15-89
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 this report will be forwarded to the City Attorney's Office and the Planning Division.
6 1 P a g e
15-90
Memorandum
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: Brian Contino, Code Enforcement Officer
Date: September 24, 2015
Re: Sober Living by the Sea — Zoning Agreement Compliance Inspection
On September 22, 2015, 1 inspected the exterior for all Sober Living by the Sea ("SLBTS") facilities, all
facilities were clean and no violations found. On September 24, 2015, 1 inspected the following Sober
Living by the Sea ("SLBTS") facilities: 5004 Neptune Ave. 4711 Seashore Ave, 6111 Seashore and
6110 West Ocean Front. 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 January 9,
2015, 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 64 beds on the Balboa Peninsula
and 6 beds off the Peninsula for a total of 70 beds.
As required by the Zoning Administration Protocol dated October 29, 2010, and Condition No. 14 of
the ZA, SLBTS was notified approximately four hours in advance of the time of the inspection and the
facilities to be inspected.
5004 Neptune Ave
This location is a licensed, male only facility.
Program Director.
Kim Homan
Facility Name:
Neptune
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Bed Count.,
Unit A
Bedroom 1: 2 beds
Bedroom 2: 2 beds
Bedroom 3: 2 beds
Facility Total: 6 beds
Unit B (5004 Neotune Ave
There were a total of four (4) bedrooms in this unit. One bedroom was used by staff member John
Torres who lives on site full time.
Bedroom 1: 1 bed
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. All smoking areas were clearly
marked and had cigarette receptacles. The City has received no complaints regarding secondhand
smoke or discarded cigarettes at this location.
Off -Street Parking:
There are two covered (garage) 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 the garage in compliance with NBMC section 6.04.150(A).
Complaints:
There were no complaints filed with the City during this review period
4711 Seashore Drive
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This location is a licensed, male only facility.
Program Director:
Kim Homan
Facility Name:
The Landing
Bed Count:
Unit A
First Floor
Bedroom 1: Office
Second Floor
Bedroom 1: 2 beds
Bedroom 2: 2 beds
Bedroom 3: 2 beds
Facility Total: 6 beds
Unit B (4711 1/2 Seashore Drive
There were was one bed located in unit B. This unit has two offices on the main floor and one office
with a twin bed in the loft.
Facility Total: 1 bed
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. All tenants are required to
smoke in the garage. There are signs posted on the property indicating the garage as the dedicated
smoking area.
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(8).
Trash/Trash Cans:
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The exterior of the property was clean and well-maintained. The refuse containers for the facility were
covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A).
Complaints:
The City, has received two complaints about this property, during this review period The complaints
were parking of vehicles that blocked the public right of way. A notice of violations was issued
regarding the parking violations. The issue has been resolved and no further complaints have been
reported.
6111 Seashore Drive
This location is a licensed, female only facility.
Program Director:
Jennifer Devore
Facility Name:
The Rose (Phase 1)
Bed Count:
Pira+ PInnr
Bedroom 1: 2 beds
Second Floor
Bedroom 1: 2 bed
Bedroom 2: 2 bed
Bedroom 3: Office
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 received
complaints regarding secondhand smoke at this location as outlined below.
Off -Street Parking:
There are two covered (garage) parking spaces for this property. All spaces were clear and
accessible for parking as required by NBMC section 20.40.030(8).
Trash/Trash Cans:
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The exterior of the property was clean and well-maintained. The refuse containers for the facility were
covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A).
Complaints:
There were no complaints filed with the City during this review period
6110 West Ocean Front
This location is a licensed, female only facility
House Manager.
Jennifer Devore
Facility Name:
The Rose (Phase 2)
Bed Count
First Floor
Bedroom 1: Office
Bedroom 2: 2 beds
Second Floor
Bedroom 1: 1 beds
Bedroom 2: 1 bed
Bedroom 3: 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. All smoking areas were clearly
marked and had cigarette receptacles. The City has received no complaints regarding secondhand
smoke or discarded cigarettes at this location.
Off -Street Parking:
There are two covered parking spaces for this property. All the parking spaces were clear and
accessible for parking as required by Newport Beach Municipal Code ("NBMC") section 20.40.030(8).
Trash/Trash Cans:
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The exterior of the property was clean and well-maintained. The refuse containers for the facility were
covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A).
Complaints:
There were no complaints filed with the City during this review period.
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 this report will be forwarded to the City Attorney's Office and the Planning Division.
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Attachment L
Correspondence
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Whelan, Melinda
From: Kenneth Scofield <paigelane@verizon.net>
Sent: Tuesday, October 20, 2015 4:06 PM
To: Brown, Leilani
Subject: Dev Agreement DA 2008-005 Sober Living by the Sea
My commercial property is located at 2811 through 2817 Lafayette and at 510 through 516 29th Street. This
letter is in support of continuing this agreement. Sober Living has been doing a great service to NB and the
impacts to the area are positive, including my tenant offering Sober Living's clients art lessons as part of their
recovery program.
Thank you.
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