HomeMy WebLinkAbout12 - Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. (PA2010-150)Q �EwPpRr
CITY OF
z NEWPORT BEACH
City Council Staff Report
October 25, 2016
Agenda Item No. 12
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 and Public Benefit
Agreement for Sober Living by the Sea, Inc. (PA2010-150)
ABSTRACT:
This is the seventh annual periodic review of the Zoning Implementation and Public
Benefit Agreement (Zoning Agreement) between the City of Newport Beach (City) and
Sober Living by the Sea, Inc. (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;
c) Find that Sober Living by the Sea, Inc. has demonstrated good faith compliance with
the terms of the Zoning Implementation and Public Benefit Agreement; and
d) Receive and file documents submitted by Sober Living by the Sea, Inc. to
demonstrate good faith compliance with the terms of the Zoning Implementation and
Public Benefit Agreement.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
12-1
Annual Review of Zoning Agreement for
SLBTS, Inc. (PA2010-150)
October 25, 2016
Page 2
DISCUSSION:
Introduction
This is the seventh 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 the 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 both the City and SLBTS 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 sixth annual periodic review occurred in
October 2015 (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
2800 Lafayette Avenue remains as the SLBTS offices and 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 parking lot at 2805 Villa Way
remains landscaped and provides the minimum required 13 -parking spaces exclusively
for the SLBTS vehicles.
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 4, 2016, and July 26, 2016 (Attachment F).
12-2
Annual Review of Zoning Agreement for
SLBTS, Inc. (PA2010-150)
October 25, 2016
Page 3
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, 2016. 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 2016. (See
Attachment G 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 1), and in Table 1.
Table 1 — Applicable Reaulations
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).
Proximity to schools,
No facility within 1,000 feet of NMUSD elementary
In compliance.
large day care
school or large day care facility, or adjacent to 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
12-3
Annual Review of Zoning Agreement for
SLBTS, Inc. (PA2010-150)
October 25, 2016
Page 4
Regulation
Specific Requirement
Status
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.
inquires and/or complaints re: its operation of
Hotline: (949) 554 -
facilities.
1147
Quiet Hours
All residents to be inside during quiet hours:
In compliance.
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
2 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
June and September this year, and exterior inspections of all SLBTS facilities on the
same dates. A copy of the inspection reports are provided in Attachment J, and a
summary of dates and locations of facility inspections are provided in Table 2.
12-4
Annual Review of Zoning Agreement for
SLBTS, Inc. (PA2010-150)
October 25, 2016
Page 5
Table 2 — SLBTS Facilitv Inspections
Inspection Date
Facility Address
Inspection Results
June 14, 2016
4138 Patrice Rd.
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
4711 and 4711 '/2 Seashore
Avenue
In Compliance
June 13 and September
14, 2016
4138 Patrice Rd.
External Inspection of all
facilities
In Compliance
September 15, 2016
7/29/16
Internal Inspection
4138 Patrice Rd.
In Compliance
Internal Inspection
4142 Patrice Rd.
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, 2015, and August 31, 2016 (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
10/17/15
Medical Aid.
4138 Patrice Rd.
2/25/16
Medical Aid.
4138 Patrice Rd.
5/7/16
Medical Aid.
6111 Seashore Dr.
6/6/16
Disturbance — Transient yelling and throwing trash at the location.
4711 Seashore Dr.
Subject not located
7/6/16
Garage block.
4138 Patrice Rd.
7/12/16
Medical Aid.
4142 Patrice Rd.
7/29/16
Stolen mail. Report taken.
6110 W. Ocean Front
Code Enforcement has responded to only one complaint filed with the City during this
time period, as provided in Table 4. A verbal warning was given regarding a vehicle
parking on the public right-of-way. Code Enforcement determined a verbal warning was
sufficient. There have been no other violations or complaints regarding parking at this
facility, or any others, since the Action Plan (Attachment A, No. 5) had been updated in
September 2015 to address the issue of on-site management/staff training on Newport
Beach regulations.
12-5
Annual Review of Zoning Agreement for
SLBTS, Inc. (PA2010-150)
October 25, 2016
Page 6
Table 4 — Other Complaints Received by the Citv
Date & Location
Complaint
I Resolution
7/18/16
4711 Seashore Dr.
Cars parked obstructing public
right-of-way.
Verbal warning given
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. Only one ticket was issued September 2015, and August 2016, as summarized
in Table 5.
Table 5 — Parkina Citations & Movina Violations
Vehicle
Parking Citation
General Location
Date
Honda SUV
Expired Registration
Seashore Drive
2/24/16
(:nnrli i -inn -
Staff is of the opinion that SLBTS has made good faith efforts to comply with the Zoning
Agreement terms. 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.
The next annual review will be presented to the City Council for consideration in
October 2017.
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.
12-6
Annual Review of Zoning Agreement for
SLBTS, Inc. (PA2010-150)
October 25, 2016
Page 7
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
— October 27, 2015 City Council Minutes
Attachment E
— Villa Way Facility and Lafayette Offices Matrix
Attachment F —
SLBTS Compliance Reports
Attachment G
— Inventory of SLBTS Client Beds as of September 2016
Attachment H
— Map of SLBTS Facilities — Open and Closed as of September 2016
Attachment I —
SLBTS Compliance Matrices: Overall Compliance Matrix and Individual
Facilities Matrices
Attachment J —
Code Enforcement Inspection Reports
12-7
Attachment A
SLBTS Documents Demonstrating
Compliance
12-8
Sober Living by the Sea
Annual Report to City of Newport Beach
October 1, 2016
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 (SLBTS) 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, 2016 Sober Living by the Sea (SLBTS) managed or controlled the following
facilities in Newport Beach:
SLBTS FACILITIES
Property Address Peninsula
Zone
(Y or N)
Treatment Bed Count
ADP
License
(Y or N)
Peninsula
Off
Peninsula
4138 Patrice N
6
Y
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. Sober Living is in compliance with this requirement.
12-9
#10 of Applicable Regulations: Sober Living has not established or operating a facility at
any location which is adjacent to the 36th Street Tot Lot or Marina Park Tot Lot. Sober
Living is in compliance with this requirement.
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 is housed
in any of its facilities located in the City. Sober Living is in compliance with this
requirement.
#2 of Operational Regulations: SLBTS is in complete compliance with disposal of
medical waste if necessary. SLBTS is not a medical facility and does not deal with
medical waste issues. Sober Living is in compliance with this requirement.
#3 of Operational Regulations: SLBTS makes great efforts to comply with "trash lid
coverage" regulation. No complaints filed. Sober Living is in compliance with this
requirement.
#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. Sober Living is in compliance with this
requirement.
#5 of Operational Regulations: Sober Living complies with all City code provision
requirements of street parking in residential zones. Sober Living did receive a verbal
complaint concerning parking on July 18, 2016. This concerned our facility located on
4711 Seashore Drive, Newport Beach, CA 92663. This complaint was resolved. A staff
member at the facility was counseled for parking her car in an area that obstructed a
public right -a -way. She was informed concerning parking regulations. Parking
regulations are also addressed with the entire staff, when necessary, at all staff meetings.
There have been no additional complaints since then. An ongoing plan has been in
effect since 9/19/13 concerning action plans to eliminate smoking issues and respond
to parking regulations. The plan was adhered to after receiving the parking
complaint. Please see below for details:
Objective
Action/Activity
Target dates
Status
1. Develop and
Began effort at September
9/19/13 — indefinite
Ongoing
support action
19, 2013
plan for
eliminating
smoking issues
at 4711
Seashore Drive
12-10
A. Identity current
A. SLBTS management
9/20/2013-
Ongoing
& present SMOKING
to educate all clients
indefinite
behaviors of staff and
and staff on the
clients, whereabouts,
smoking policy moved
time of day, and
to garage only.
disposal of cigarettes
B. Implement smoking
policy and
repercussions for
non -adherence.
2. Develop and
A. SLBTS management
9/20/2013-
Ongoing
support action
to educate all clients
indefinite
plan for
and staff on the
eliminating
parking policy
parking issues
B. Implement parking
at 4711
policy and
Seashore Drive
repercussions for
non -adherence.
A. Identity current
& present PARKING
behaviors of staff
3. Develop
To be measured by:
9/20/2013-
Ongoing
assessment to
a. Documenting actions
indefinite
measure
and accomplishments
effectiveness &
of Objective 1, 2
impact of
smoking and
parking
policies
4. Develop
Documented by activities
ongoing
and accomplishments from
9/20/13 — indefinite
Ongoing
supportive
Objectives I and 2.
environment
between
SLBTS and
City of
Newport Beach
5. Staff Training
a. Discuss situation with
9/30/15 - indefinite
ongoing
current Landing
program director.
Rose director has also
been informed.
b. Review all Newport
9/30/15 — indefinite
ongoing
12-11
#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. Sober Living is in compliance with this requirement.
#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. Sober Living is in
compliance with this requirement.
# 8 of the Operational Regulations: SLBTS's staff comply with all of the rules
surrounding the routes that vans drive. No complaints received. Sober Living is in
compliance with this requirement.
#9 of the Operational Regulations: SLBTS is in compliance with the regulations related
to deliveries of goods and services. No complaints received. Sober Living is in
compliance with this requirement.
#10 of the Operational Regulations: SLBTS willingly 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.
Sober Living is in compliance with this requirement.
12-12
City guidelines with
all staff moving
forward on an annual
basis.
c. Review all Newport
9/30/15 — indefinite
ongoing
City guidelines with
all managers on a
quarterly basis.
d. When new director is
9/30/15 — indefinite
ongoing
assigned 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. Sober Living is in compliance with this requirement.
#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. Sober Living is in
compliance with this requirement.
# 8 of the Operational Regulations: SLBTS's staff comply with all of the rules
surrounding the routes that vans drive. No complaints received. Sober Living is in
compliance with this requirement.
#9 of the Operational Regulations: SLBTS is in compliance with the regulations related
to deliveries of goods and services. No complaints received. Sober Living is in
compliance with this requirement.
#10 of the Operational Regulations: SLBTS willingly 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.
Sober Living is in compliance with this requirement.
12-12
#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. Sober
Living is in compliance with this requirement.
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 7:00am to 5:00pm. Sober Living is in
compliance with this condition.
3. Client use of the computer lab shall be limited to 9:00am to 4:00pm. Sober
Living is in compliance with this condition.
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. 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
12-13
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.
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. Sober Living is in
compliance with this requirement.
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. Sober Living is in compliance with this requirement.
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/Frequency 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.
12-14
SLUTS Attendance Tracking Form October 2015
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
01 -Oct
20
08 -Oct
15
15 -Oct
19
22 -Oct
19
01 -Oct
19
08 -Oct
15
15 -Oct
16
22 -Oct
19
02 -Oct
20
09 -Oct
18
16 -Oct
19
23 -Oct
19
02 -Oct
20
09 -Oct
18
16 -Oct
18
23 -Oct
15
03 -Oct
18
10 -Oct
20
17 -Oct
18
24 -Oct
19
03 -Oct
18
10 -Oct
20
17 -Oct
15
2,1 -Oct
19
04 -Oct
19
11 -Oct
18
18 -Oct
17
25 -Oct
18
04 -Oct
19
11 -Oct
19
18 -Oct
18
25 -Oct
15
05 -Oct
20
12 -Oct
18
19 -Oct
18
26 -Oct
19
05 -Oct
20
12 -Oct
15
19 -Oct
18
26 -Oct
19
Attendee
19.3
Attendee
17.6
Attendee
17.6
Attendee
18.1
Meetings
10
Meetings
10
Meetings
10
Meetings
10
Week 5
Week 6
Meeting
Attendee
Meeting
Attendee
29 -Oct
17
29 -Oct
17
Attendee
17.0
Attendee
Meetings
6
Meetings
12-15
SLUTS Attendance Tracking Form November 2015
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
01 -Nov
17
05 -Nov
13
12 -Nov
13
19 -Nov
16
01 -Nov
17
05 -Nov
13
12 -Nov
13
19 -Nov
16
02 -Nov
15
06 -Nov
15
13 -Nov
15
20 -Nov
16
02 -Nov
17
06 -Nov
15
13 -Nov
15
20 -Nov
16
07 -Nov
14
14 -Nov
14
21 -Nov
15
07 -Nov
14
14 -Nov
12
21 -Nov
17
08 -Nov
13
15 -Nov
16
22 -Nov
17
08 -Nov
13
15 -Nov
16
22 -Nov
14
09 -Nov
13
16 -Nov
14
23 -Nov
13
09 -Nov
13
16 -Nov
16
23 -Nov
17
Attendee
16.5
Attendee
13.6
Attendee
14.4
Attendee
15.7
Meetings
4
Meetings
10
Meetings
10
Meetings
10
Week 5
Week 6
Meeting
Attendee
Meeting
Attendee
26 -Nov
12
26 -Nov
17
27 -Nov
17
27 -Nov
16
28 -Nov
17
28 -Nov
17
29 -Nov
17
29 -Nov
15
30 -Nov
15
30 -Nov
17
Attendee
16.0
Attendee
Meetings
10
Meetings
12-16
SLBTS Attendance Tracking Form December 2015
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
03 -Dec
15
10 -Dee
15
17 -Dee
18
03 -Dee
15
10 -Dee
15
17 -Dee
18
04 -Dec
17
11 -Dee
17
18 -Dec
19
04 -Dee
17
11 -Dee
17
18 -Dee
19
05 -Dec
14
12 -Dec
18
19 -Dee
18
05 -Dec
17
12 -Dee
18
19 -Dee
18
06 -Dee
17
13 -Dec
19
20 -Dee
18
06 -Dec
17
13 -Dec
14
20 -Dee
18
07 -Dee
18
14 -Dec
19
21 -Dee
16
07 -Dee
18
14 -Dec
19
21 -Dee
18
Attendee
Attendee
16.5
Attendee
17.1
Attendee
18.0
Meetings
Meetings
10
Meetings
10
Meetings
10
Week 5
Week 6
Meeting
Attendee
Meeting
Attendee
24 -Dec
10
24 -Dee
10
25 -Dec
10
25 -Dec
10
26 -Dec
10
26 -Dee
10
27 -Dec
10
27 -Dec
10
28 -Dec
13
28 -Dec
13
Attendee
10.6
Attendee
19.0
Meetings
10
Meetings
2
12-17
SLUTS Attendance Tracking Form January 2016
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
01 -Jan
19
07 -Jan
16
14 -Jan
11
21 -Jan
18
01 -Jan
19
07 -Jan
18
14 -Jan
17
21 -Jan
16
02 -Jan
18
08-Jau
16
15 -Jan
19
22 -Jan
18
02 -Jan
16
08-Jau
16
15 -Jan
19
22 -Jan
15
03 -Jan
18
09 -Jan
19
16 -Jan
20
23 -Jan
17
03 -Jan
14
09-Jau
17
16 -Jan
15
23 -Jan
16
04 -Jan
19
10-Jau
15
17 -Jan
17
24 -Jan
19
04 -Jan
16
10 -Jan
17
17 -Jan
19
24 -Jan
16
11-Jau
17
18 -Jan
12
25 -Jan
18
11 -Jan
17
18 -Jan
19
25 -Jan
19
Attendee
17.3
Attendee
16.8
Attendee
16.8
Attendee
17.2
Meetings
8
Meetings
10
Meetings
10
Meetings
10
Week 5
Week 6
Meeting
Attendee
Meeting
Attendee
28 -Jan
15
28 -Jan
15
29 -Jan
15
29 -Jan
17
Attendee
16.0
Attendee
Meetings
8
Meetings
12-18
SLUTS Attendance Tracking Form February 2016
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
01 -Feb
12
04 -Feb
11
11 -Feb
7
18 -Feb
9
01 -Feb
15
04 -Feb
12
11 -Feb
7
18 -Feb
9
05 -Feb
17
12 -Feb
7
19 -Feb
7
05 -Feb
14
12 -Feb
8
19 -Feb
8
06 -Feb
16
13 -Feb
8
20 -Feb
10
06 -Feb
12
13 -Feb
12
20 -Feb
5
07 -Feb
12
14 -Feb
8
21 -Feb
7
07 -Feb
8
14 -Feb
9
21 -Feb
8
08 -Feb
12
15 -Feb
11
22 -Feb
9
08 -Feb
11
15 -Feb
10
22 -Feb
7
Attendee
13.5
Attendee
12.5
Attendee
8.7
Attendee
7.9
Meetings
2
Meetings
10
Meetings
10
Meetings
10
Week 5
Week 6
Meeting
Attendee
Meeting
Attendee
25 -Feb
8
25 -Feb
6
26 -Feb
5
26 -Feb
5
Attendee
5.6
Attendee
Meetings
8
Meetings
12-19
SLUTS Attendance Tracking Form March 2016
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
01 -Mar
6
04 -Mar
4
11 -Mar
5
18 -Mar
3
01 -Mar
4
04 -Mar
4
11 -Mar
4
18 -Mar
3
05 -Mar
2
12 -Mar
4
19 -Mar
3
05 -Mar
4
12 -Mar
4
19 -Mar
4
06 -Mar
4
13 -Mar
5
20 -Mar
2
06 -Mar
3
13 -Mar
5
20 -Mar
14
07 -Mar
3
14 -Mar
4
21 -Mar
3
07 -Mar
3
14 -Mar
5
21 -Mar
3
08 -Mar
5
15 -Mar
5
22 -Mar
3
08 -Mar
4
15 -Mar
5
22 -Mar
3
Attendee
5.0
Attendee
3.6
Attendee
4.6
Attendee
4.1
Meetings
2
Meetings
10
Meetings
10
Meetings
10
Week 5
Week 6
Meeting
Attendee
Meeting
Attendee
25 -Mar
4
25 -Mar
4
26 -Mar
3
26 -Mar
2
27 -Mar
4
27 -Mar
3
28 -Mar
3
28 -Mar
4
29 -Mar
12
29 -Mar
5
Attendee
4.4
Attendee
Meetings
10
Meetings
12-20
SLUTS Attendance Tracking Form April 2016
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
01 -April
4
08 -April
6
15 -April
13
22 -April
10
01 -April
5
08 -April
7
15 -April
7
22 -April
12
04 -April
4
09 -April
8
16 -April
8
23 -April
15
04 -April
5
09 -April
7
16 -April
16
23 -April
12
05 -April
7
10 -April
5
17 -April
9
24 -April
15
05 -April
6
10 -April
7
17 -April
14
24 -April
10
11 -April
6
18 -April
12
25 -April
14
11 -April
11
18 -April
9
25 -April
16
12 -April
9
19 -April
10
26 -April
10
12 -April
9
19 -April
16
26 -April
14
Attendee
4.5
Attendee
7.5
Attendee
11.4
Attendee
12.8
Meetings
10
Meetings
10
Meetings
10
Meetings
10
Week 5
Week 6
Meeting
Attendee
Meeting
Attendee
29 -April
9
29 -April
13
Attendee
12.0
Attendee
Meetings
4
Meetings
12-21
SLBTS Attendance Tracking Form May 2013
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
02 -May
9
06 -May
11
13 -May
20
20 -May
8
02 -May
13
06 -May
14
13 -May
19
20 -May
17
03 -May
17
07 -May
16
14 -May
17
21 -May
16
03 -May
13
07 -May
15
14 -May
12
21 -May
16
08 -May
18
15 -May
17
22 -May
14
08 -May
19
15 -May
12
22 -May
18
09 -May
11
16 -May
15
23 -May
19
09 -May
13
16 -May
20
23 -May
17
10 -May
13
17 -May
18
24 -May
17
10 -May
17
17 -May
20
24 -May
17
Attendee
12.6
Attendee
14.7
Attendee
17.0
Attendee
15.9
Meetings
6
Meetings
10
Meetings
10
Meetings
10
Week 5
Week 6
Meeting
Attendee
Meeting
Attendee
27 -May
19
27 -May
15
30 -May
20
30 -May
19
31 -May
18
31 -May
18
Attendee
18.4
Attendee
Meetings
10
Meetings
12-22
SLUTS Attendance Tracking Form June 2016
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
03 -June
17
10 -June
10
17 -June
10
03 -June
11
10 -June
15
17 -June
16
06 -June
17
11 -June
20
18 -June
18
06 -June
12
11 -June
19
18 -June
17
07 -June
19
12 -June
14
19 -June
14
07 -June
19
12 -June
14
19 -June
15
13 -June
16
20 -June
12
13 -June
9
20 -June
17
14 -June
17
21 -June
20
14 -June
17
21 -June
18
Attendee
Attendee
16.7
Attendee
15.1
Attendee
15.7
Meetings
Meetings
10
Meetings
10
Meetings
10
Week 5
Week 6
Meeting
Attendee
Meeting
Attendee
24 -June
7
24 -June
10
25 -June
18
25 -June
18
26 -June
8
26 -June
16
27 -June
17
27 -June
17
28 -June
15
28 -June
18
Attendee
14.4
Attendee
Meetings
10
Meetings
12-23
SLUTS Attendance Tracking Form July 2016
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
01 -July
20
08 -July
17
15 -July
9
22 -July
6
01 -July
10
08 -July
17
15 -July
12
22 -July
12
04 -July
1
09 -July
20
16 -July
17
23 -July
18
04 -July
1
09 -July
16
16 -July
16
23 -July
16
05 -July
20
10 -July
20
17 -July
16
24 -July
16
05 -July
20
10 -July
18
17 -July
15
24 -July
16
11 -July
7
18 -July
15
25 -July
12
11 -July
14
18 -July
8
25 -July
17
12 -July
18
19 -July
16
26 -July
17
12 -July
16
19 -July
11
26 -July
18
Attendee
13.8
Attendee
16.3
Attendee
13.5
Attendee
14.8
Meetings
10
Meetings
10
Meetings
10
Meetings
10
Week 5
Week 6
Meeting
Attendee
Meeting
Attendee
29 -July
10
29 -July
16
Attendee
14.0
Attendee
Meetings
6
Meetings
12-24
SLUTS Attendance Tracking Form August 2016
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
01 -Aug
8
05 -Aug
9
12 -Aug
7
19 -Aug
6
01-Ang
18
05 -Aug
13
12 -Aug
12
19 -Aug
18
02 -Aug
16
08 -Aug
7
13-Ang
12
22 -Aug
6
02 -Aug
18
08 -Aug
10
13 -Aug
8
22 -Aug
7
09 -Aug
11
14 -Aug
ll
23 -Aug
7
09 -Aug
12
14-Ang
11
23 -Aug
12
15 -Aug
8
15 -Aug
1 1
16 -Aug
10
16 -Aug
9
Attendee
15.0
Attendee
11.9
Attendee
9.9
Attendee
9.9
Meetings
4
Meetings
10
Meetings
10
Meetings
10
Week 5
Week 6
Meeting
Attendee
Meeting
Attendee
26 -Aug
8
26 -Aug
11
29-Ang
5
29 -Aug
5
30 -Aug
10
30 -Aug
10
Attendee
8.1
Attendee
Meetings
10
Meetings
12-25
SLBTS Attendance Tracking Form September 2016
Week 1
Week 2
Week 3
Week 4
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
Meeting
Attendee
01 -Sept
18
12 -Sept
15
19 -Sept
15
o1 -Sept
18
12 -Sept
19
197 -Sept
15
02 -Sept
20
13 -Sept
19
20 -Sept
19
02 -Sept
15
13 -Sept
10
20 Sept
19
05 -Sept
10
14 -Sept
16
21 -Sept
19
05 -Sept
18
14 -Sept
20
21 -Sept
17
06 -Sept
20
15 -Sept
20
22 -Sept
20
06 -Sept
19
15 -Sept
17
22 -Sept
20
07 -Sept
19
16 -Sept
20
23 -Sept
19
07 -Sept
20
16 -Sept
20
23 -Sept
20
Attendee
Attendee
17.7
Attendee
17.6
Attendee
18.3
Meetings
Meetings
10
Meetings
10
Meetings
10
Week 5
Week 6
Meeting
Attendee
Meeting
Attendee
Attendee
17.8
Attendee
Meetings
10
Meetings
12-26
Attachment B
Zoning Agreement
12-27
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO.
Office of the City Attorney
City of Newport Beach
3340 Newport Boulevard
Newport Beach, CA, 92658
Recorded in Official Records, Orange County -
Tom only, Clark-Racordor
111111f11111R111111111111111111011111111111111111111NO FEE
2009000577876 01:49pm 90123/09
295 28 Al2 31
0.00 0.00 0.00 0100 0100 0100 0.00 0.00
[Exempt from Recordation Fee per Government Code Section 27383
Not Compared with &OPgal
ZONING IMPLEMENTATION
AND
PUBLIC BENEFIT AGREEMENT
12-28
zoning Agmamant
ZONING IMPLEMENTATION
AND PUBLIC BENEFIT AGREEMENT
(Pursuant to Callfornla Government Code §§65864-65869.5)
This Zoning Implementation and Public Benefit Agreement (the "Zoning Agreement") is
entered Into on September 30, 2009, by and between the CITY OF NEWPORT BEACH, a
charter city ("City") and SOBER LIVING BY THE SPA, INC., a CALIFORNIA CORPORATION,
COMPREHENSIVE ADDICTION PROGRAMS, INC., a Delaware Corporation, CRC HEALTH
CORPORATION, a Delaware Corporation, CRC HEALTH GROUP, INC., a Delaware
Corporation (collectively referred to as "Operator"). City and Operator and Operator's Affiliates
as herein defined, are sometimes collectively referred to In the Zoning Agreement as the
"Parties" and individually as a "party."
RECITALS
A. The City Council hereby finds this zoning Agreement is consistent with
provisions of California Government Code §65867, and the City of Newport Beach Municipal
Code Chapter 15.45 and the City's General Plan.
B. On November 20, 2008, City's Planning Commission held a public hearing on
this Zoning Agreement, made findings and determinations with respect to this Zoning
Agreement, and recommended to the City Council that the City Council approve this Zoning
Agreement.
C. On January 27, 2009, the City Council also held a public hearing on this. Zoning
Agreement and considered the Planning Commission's recommendations and the testimony
and Information submitted by City staff, Operator and members of the public. On February 10,
2009, pursuant to the applicable state taw (California Government Code §§65864-65869,6) and
local law (City of Newport Beach Municipal Code Chapter 15.45), the City Council p6ssed its
Ordinance No.0,.09-4 finding this Zoning Agreement to be consistent with the City of Newport
Beacliee ral Plan and approving this zoning Agreement,
D. This Zoning Agreement allows Sober Living a vested right to: (€) operate 156
beds of recovery facilities within the area they are currently operating, and as more particularly
defined In Exhibit D attached (the "Peninsula Zone"); and (€€) up to an additional 48 beds
outside -of the Peninsula Zone and within zones accommodating mufti-famlly 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 hiving on August 25, 2006 regarding Its administrative offices at 2811 Villa Way
(Exhibit C attached hereto). —
AGREEMENT
NOW, THEREFORE, City and Operator agree as follows:
1. Pgfhftjqs. The following terms when used In this Zoning Agreement shall have
the meanings set forth below:
12-29
Zoning Agreement
A. "Affiilato" 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.
Q, "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.Plan 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 Llving Homes in R-
1, R-112 , R-2 and multl•family residential ("MFR") and certain Specific Plan District zones within
City. "property' Includes the rights to operate all of those properties as well as other properties
not presently identifiable which may be utilized by Operator as Facilities hereunder,
1. "Sober Llving 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. Ognifleant Public Qen�flts. 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;
S. 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 limitation on the size of a residential care operation In the City,
Including a limitation on 6 or under Licensed Facilities,
E. Dispersal of Licensed Facilities and Sober Living Homes to reduce the concentration
thereof;
2
12-30
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 Implementaliffl. 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 RepLesentations. 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
authorizatlons 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 Pians that apply to
the area In which any portion of the Property Is located, and
fl. Consistent with the Local Coastal Land Use Plan ("CLUP) for the City of Newport
Beach and that the CLUP has been approved by the California Coastal
Commission,
5. Operation of Property: Applicable Reaulations. Other than as expressly set forth
In this Zoning Agreement, during the Term of this Zoning Agreement, the terms and conditions
concerning the operation of the Property, Including but not limited to the permitted uses and
density and Intensity of use and the location of buildings Involved shall be those set forth In the
"Applicable Regulations" delineated In Exhibit 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. O ems 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 letter from City to Operator dated August 25, 2006 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 compiled with all conditlons sat 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
Operators control. Operator agrees to use good falth 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 291h Street, commonly known as
3
12-31
Zoning Agreement
"The Victorian,' 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. olice 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 ConfliotincLl=naotments; 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 Auftority. Notwithstanding any provisions set forth In this Zoning
Agreement to the contrary, the laws, rules, regulations, and official policies set forth In this
Section 9 shall apply to and govt rn 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
policies 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 persons on the Property or in the
Immediate community from conditions dangerous to their health or safety shall apply
to the Property, consistent with Section C2 of Exhibit B.
10. No A e c . 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 : This Zoning Agreement shall become
effective on:
4
12-32
Zoning Agreement
1. 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
!I!, If litigation Is Instituted to challenge this Zoning Agreement prior to the Effective
Date established In accordance with Section 11 A. I. and Ii above, then on the
31st day after the litigation is terminated, the time for appeal has expired, and the
legal challenge has been unsuccessful.
B. Term. The term of this Zoning Agreement (the "Term") shall commence on the Effective
Date and shall expire at the conclusion of the 25th year thereafter. However In no event
shall the term of this Zoning Agreement exceed thirty (30) years after Its execution.
C. Stay of. Ordinance 2008.05 Pending Effective Date. Prior to the effective date of the
ordinance adopting this Zoning Agreement, or that date upon which it becomes clear
that there shall be no Effective Date, whichever Is later, the Operator's use permit
process shall be tolled, and the City shall not otherwise enforce the provisions of
Ordinance 2008-5.
12. Amendment or Cancellation of Zoning „Agreement. Other than modifications of
this Zoning Agreement under Section 9C of this Zoning Agreement, this Zoning Agreement may
be amended or canceled In whole or in part only by mutual written and executed consent of the
Parties In compliance with California Government Code §65868 and City of Newport Beach
Municipal Code §16.45.060.
13. -Enforcement. Unless amended or canceled as provided In Section 12 of this
Zoning Agreement, or modified or suspended pursuant to California Government Code
§65869.5, 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, RgrLq¢lc _Review of Com lIance. 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 §65865.1 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.
5
12-33
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 Operators 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 hoes 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.
8. 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 thea seek a specific performance or similar
equitable remedy as provided in Section 15.0 of this Zoning Agreement
C. Specific Performance and Damages Remedies. The Parties acknowledge that
remedies at law generally are Inadequate and that specific performance is appropriate for the
enforcement of this Zoning Agreement, The remedy of specific performance or, in the
alternative, a writ of mandate, shall be the sole and exclusive remedy available to either Party In
the event of the default or alleged default by the other. Prior to exercising such a remedy, the
Party seeking to do so shall 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 judlclal
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, Qooperation, 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, Fgrce_Maieure,. 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, riots or similar hostilities, strikes or other labor difficulties, state or federal
regulations, or court actions,
18. Third Party Legal Challenge. If a third party brings a legal action challenging the
validity or enforceability of any provision of this Zoning Agreement or the Applicable Regulations
or the manner in which the ordinance approving this Zoning Agreement was processed and
approved, including the application of the California Environmental Quality Aot to that process,
("Third Party Legal Challenge") the parties shall defend the Third Party legal Challenge jointly,
E
12-34
Zoning Agreement
and each party shall be responsible for Its legal expenses Incurred In connection with the Third
Party Legal Challenge,
19. Right to Asslgn. 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 shalt notify City of the name and address of the transferee. Any assignment of this
Zoning Agreement must be pursuant to a sale or transfer of Operator's rights in the entirety of
the Property. Any sale or transfer of the Property shall Include the assignment and assumption
of the rights, duties, and obligations arising from this Zoning Agreement to the transferee with
respect to all of the Property. Operator shall no longer be obligated under this Zoning
Agreement for the Property if Operator is not In default under this Zoning Agreement at the time
of the sale or transfer.
20, Zoning Agree erat Binding on --Successors and Assigns. The burdens of this
Zoning Agreement are binding upon, and the benefits of this Zoning Agreement shall Inure to,
all successors In interest of the Parties to this Zoning Agreement.
21. Estoppel Certificate. At any time, either Party may deliver written notice to the
other Party requesting that the Party certify in writing that, to the best of its knowledge:
A. This Zoning Agreement is in full force and effect and is binding on the Party;
B. This Zoning Agreement has not been amended or modified either orally or In writing.
If this Zoning Agreement has been amended, the Party providing the certification
shall identify the amendments; and
C. The requesting Party is not In default In the perfonnance 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 Sectlon 21, shall be entitled to rely on the certificate.
22. Further Actions and ,Instruments. Each Party shall cooperate with and provide
reasonable assistance to the other Party to the extent consistent with and necessary to
implement this Zoning Agreement. Upon the request of a Party at any 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. Notices. 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 rellable 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
12-35
Zoning Agreement
To City: City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Reach, California 92663-3884
Attention: City•Manager
Fax, 949-644-3024
With a copy to: City Attorney
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
To Operator: Sober Living by the Sea, Inc.
2811 Villa Way
Newport Beach, California 92663
Attn: Executive Director
With a copy to: CRC Wealth Group, Inc.
2400 Stevens Creek Boulevard, Suite 600
Cupertino, California 95014
Atin: General Counsel
Fax: 415-358-8444
Either Party may change the address stated in this Section 23 by notice to the other
Party In the manner provided In this Section 23, and notices shall be addressed and submitted
to the new address. Notice shall be deemed to be delivered upon the earlier of: (a) the date
received; or (b) three business days after deposit In the mall as provided above.
24. Rules of ConstEuction and Migggilgaeogs. 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 shall be identical and may be Introduced In evidence or used for
any other purpose without any other counterpart, but all of which shall together constitute one
and the same Zoning Agreement.
E, Entire Agreement, Except for the Settlement Agreement, this zoning Agreement
constitutes the entire agreement and supersedes all prior agreements and understandings,
both written and oral, between the Parties with respect to the subject matter addressed In this
Zoning Agreement.
E
12-36
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 filed and tried in the
Superior Court of the County of Orange, State of California, or the United States District Court
for the Central District of California. The Parties waive all provisions of law providing for the
removal or change of venue to any other court.
I. Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect construction or interpretation of this Zoning Agreement.
J. Authority to Execute. The persons executing this Zoning Agreement warrant and
represent'that they have the authority to execute this Zoning Agreement on behalf of the entity
for which they are executing this Zoning Agreement. They further warrant and represent that
they have the authority to bind their respective Party to the pefformance of Its obligations under
this Zoning Agreement.
CITY:
CITY OAEdwardSellch
RT B1=AC
By:
Title: MAYOR OF NEWPORT BEACH
OPERATOR:
SOBER LIYWQ BY THE SEA, INC.
By:
Kevin Hogge
Title: CHIEF FINANCIAL OFFICER
9
12-37
Zoning Agreement
By:
Pamela Bur e
Title: VICE PRESIDENT/SECRETARY
OPERATOR:
COMPREH SIVE ADDICTIONS PROGRAMS, INC.
By:
Kevin Hoggo
Title: CHIEF FINANCIAL OFFICER
By: T6,uj -
6. - &�L_
Pamela -Burke
Title: VICE PRESIDENT/SECRETARY
OPERATOR:
CRC HEPaV CORPORATION
By: �V_
.-
Kevin Hogg
Title: CHIEF FINANCIAL OFFICER
e-oj
By: `
Pamela Burke
Title: VICE PRESIDENT/SECRETARY
OPERATOR:
CRC HEA GROUP, INC.
By:
Kevin Hogge
Title: CHIEF FINANCIAL OFFICER
By:&L
P ela Burke
Title: VICE PRESIDENTISECRETARY
10
12-38
Zoning Agreement
APPROVED AS TO FORM:
By
David R. Hunt
Title: CITY ATTORNEY, CITY OF NEWPORT BEACH
ATTEST.
By:
Title:
L
6P
Leilad Grown
CITY CLERK, CITY OF NEVV
11
12-39
Zoning Agreement
Exhibit A
List of SLBTS Facilities
•
208
Via Lido $oud'
; : ADP Llcensed
100
Via Antibes
ADP Licensed
102
Antibes`
'`. ,4bP Licensed
505
dV(a
129th Street
ADP Licensed
116
A B-
34th Street
Sober Living
X.-
307
112
34th Street
Sober Living
X
309
1/2 '-
34th Street
Saber Living
V
125
+1/2
39th Street
ADP Licensed
X
112
A &; B-
40th Street
ober Living
118
A & B
45th Street
Sober Livinq
X
122
'A &B`
451h Strebt
ADP. Licensed
5004
A & B
Neptune
Sober Living
516.E
A & 13'.
fiver
ADP Licensed
3960-80
Seashore
ADP Licensed
4500-04
Seashore
ADP Licensed
4711
Seashore
ADP Licensed
.4800
Seashore
ADP.Licbnsed
-X'
4816
Seashore .
Sober Livin
5111
Se'ashore'
ADPlicensed .
6110
W Oceanfront
ADP Lice so
* ".X Closed. or closl:tl
' May not be closed if 4816 Seashore is closed
12-40
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 04 beds occupied In the City at any time by persons who are
patients, clients or customers of Sober Living, whether contained within Licensed Facilities or
Sober Living Homes. More than one such facility may be operated in a single building.
2. On and after the effective date of the ordinance adopting this Agreement, there
shall be no more than jM 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 depicted In
Exhibit D at any time by persons who aro patients, clients or customers of Sober Living,
whether contained within Residential Care Facilllles, General, Residential Care Facilities, Small
Licensed or Residential Care Facilities, Small Unlicensed as defined In §20.05.030 of the
Newport Reach 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 Facilities -or Sober
Living Homes so that only one building shall contain such facilities, whether operated by Sober
Living or any other person or entity, is located either on a block in the City or across a bordering
street. To facilitate transfers of properties to attain or maintain this "one building per block'
standard, Sober Living may, for not more than 120 days, hold leases for two properties on one
block If the properties are involved In a Facility transfer. For purposes of this Agreement, a
black is an area bounded by four streets (not alleys).
6. Except as provided in Section A.7. below, within thirty (30) months of the
Effective Date of the ordinance adopting this Agreement, Sober Living shall relocate its
presently operating facilities as necessary to comply with the criterion set forth In Section A.S.
above as to Its presently operating Licensed Facilities and Sober Living Homes. All such
relocations must be to sites which have no other Facility, whether operated by Sober Living or
12-41
Zoning Agreement
any other person or entity, either on the block to which the facility Is relocated or across a
bordering street.
T 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:
C 112 40th Street and 3960-3980 Seashore (on the same block);
• 122 45th Street and 4500-4504 Seashore(across a bordering street);
e 6110 Oceanfront and 6111 Ocean Front (across a bordering streettallay); and
• 4711 Seashore and either 4800 Seashore or 4816 Seashore (across a bordering street
and down a block).
8, Sober Living shall not estabilsh any Facility pursuant to Section 4 of this Exhibit B
unless and. until Sober Living has fully and timely complled 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 tot line located within 1,000 feet of any NMUSD elementary school or the large
commercial State -licensed day care facility listed on Exhibit E.
10. Sober Living shall not establish or operate a Facility at any location which Is
adjacent to the 36th Street Tot Lot or the Marina Park Tot Lot so long as those tot lots are so
utilized.
B. Operational Regulations.
During the term hereof, Sober Living shall comply with all of the following operational
criteria:
1. Sober Living shall not provide any services to or house any parolee or parolees
from the California Department of Corrections or its equivalent In any other State or the Federal
Bureau of Prisons In any of Its Facilities located In the City.
2. Any and all medical waste generated through the operation of a Sober Living
Homes or Licensed Facility shall be disposed of in accordance wilh all laws and best Industry
standards and practices.
3. Sober Living shall comply with City code provisions pertaining to trash
enclosures at ail of its Sober Living Homes or Licensed Facilities.
4. Smoking and Tobacco Products.
(a) Sober Living shall make good faith efforts to prevent second hand smoke from
leaving any of Its Facilities In a manner that significantly affects occupants of
neighboring residents In the use and enjoyment of their properties. These efforts
may include, but are not limited to:
• The designation of a smoking area at each site, with a device to mitigate or disperse
secondhand smoke;
4 An active smoking cessatlen program made avaliable to all clients;
12-42
zoning Agreement
(b) Apply a policy directing clients or residents to avoid littering cigarette butts on the
ground, floor, dock, sidewalk, gutter, or street.
(o) Apply a policy reminding clients not to use tobacco on beaches, boardwalks, and
piers consistent with City prohibitions against smoking in those areas.
5. Sober living shall comply with ail 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 f=acilities in the City.
7. Sober Living shall apply the following Quiet Hours to its patients, clients and
customers occupying beds in ail Facilities which Sober Living operates In the City. During these
quiet Hours, all residents will be inside except during emergencies:
• Sunday through Thursday- 10 pm to 7 am;
• Friday through Saturday -11 pm to 7 am.
8. Sober Living shall use good faith efforts to implement the Route 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 Plans are attached as Exhibit F. Short-term Interruptions, such as
medical emergencies or street maintenance which are beyond Sober Living's control, are
allowable modifications to the Route Plans,
9. Sober Living shall accept deliveries of goods and services to the Residential Care
Facilities whlch 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 ellywide basis applicable to all residential
properties.
10. Sober Living, shall participate in the activities of any stakeholder committee or
group established by the City to address complaints and concerns of residents of the City
regarding the operation of Residential Care Facilities In the City.
11, Sober Living shall maintain its present policy not to allow more than two (2)
clients per bedroom in the facilities unless the size of the structure warrants a larger occupancy
for any single bedroom.
C. General Constraints on Regulation.
1. Most_Favgred 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
12-43
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 stay care that is less
than for SLBTS under the terms of this Agreement.
2. The City shall respect and adhere to the exemption In California Health and
Safety Code §11834.23 that directs that the City apply the same building, fire, and other related
codes to Facilities with six or fewer clients as it does for any single-family residential property
provided that:
(a) The exemption Is not repealed or otherwise Invalidated by an appellate court
decision,
(b) The exemption Is being applied to a single family dwelling unit (including
condominiums) or a duplex;
(c) SLBTS does not place non-ambulatory residents In their facilities; and
(d) SLBTS does not accept referrals or placements within a SLBTS home for protective
social care and supervision services by any governmental agency.
3. This Agreement, and, more specifically, these Applicable Regulations obviate the
need for and shall supersede the processing or Issuance of any Use Permit or Use Permits
concerning Sober Living's operations In the City.
12-44
Zoning Agreement
Exhibit C
2811 Villa Way Letter
PLANNING DUPARTMENT
Patilela L. Temple, Director
August 25, 2006
Pill Swiney
Sober Living by the Sea
2811 Villa Way
Newport Beach, California 92663
RE: Sober Living by the Sea y- 2809, 2811, 2813 Villa Way, Newport Beach
Dear Bill:
I am In receipt 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 Cade Section
20.05.040. 1 have carefully reviewed your proposal and have determined that Sober
Living would not be designated as a social club if it was operated in the following manner:
1. The "large conference room," designated on the floor plans submitted on
August 4, 2006 ("Plans!), must be reduced so that the maximum occupancy for this room
Is approximately 20 persons. Two cubicle type offices, the design of which will need to he
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 tndleated 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 wall In the small conference room and
the usas for each area of the property will need to be submitted to and approved In wriifng
by the Planning Director. After approval of the Flans, Sober Living'must use each of the
areas for the designated use and obtain the Planning Director's approval In writing prior to'
any change In use.
d. 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 hours of 7:00 a.m. and 8:30 a.m., clients
that attend meetings scheduled at the Sober Living Facility, may be transported by van to
any other location provided that they do not assemble In the covered patio area, or other
3300 Newport Boulevard - Post Office Box 1768, Newport Beach, Wtfornla 92658-8915
Telephone, (949) 644-3200 • r6x: (949) 644-3229 • www. city. newport-beach.ca.us
12-45
outdoor area, for more than 10 minutes after a meeting ("Clients Transported by Van'),
Between the hours of 1:00 p.m. and 3:00 p.m., clients that Clients Transported by Van
may be dropped back off at the Sober Living Facility brovided 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. tap 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 verlfled by a representative of Sober Living and will
be made available to the planning Director upon request.
6, No client enrolled in any of the Sober Living programs that meet at the
Sober Living Facility will be allowed to operate a motor vehicle.
7. All large meetings, In excess of 20 persons, will be held at some other
location (any other locations used in the City shall be approved for large assembly use).
8. The hours of operation for conducting meetings and picking up
prescriptions at the Sober Living Facility will be from 6:30 a.m. to 8:30 p.m. Clients
picking up or consuming prescription medicine at the Sober Living Facility will be required
to leave the Sober Living Facility within 10 minutes after they have picked up or
consumed their medication.
9. Any nurse at the Sober Living Faculty 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 Living Facility on Sundays.
10. Two staff employees shall be allowed to remain at the Sober Living Facility
until 11;00 pm, 7 days a week to receive calls.
11. Exoept as provided herein, clients will not be allowed to assemble at the
Sober Living reallity for the purpose of being transported to any other locatlon.
12. Sober Living will provide and maintain 13 off-site parking spaces at the lot
directly across the street from the Sober Living Facillty 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.
12-46
In summary, If Sober Living operated In conformance with the foregoing conditions, it
would be my determination that Sober Living would not be defined as "social club",
However, please be advised that it is my opinion that any deviation from the foregoing
conditions or any additional assembly at the Sober Living Facility would change the
-._.....__-.categary of use:
Please contact me at your earliest convenience so we can discuss a timellne 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 mado. Further, as a condition to making my
determination that a use permit Is no longer required, Sober riving will need to withdraw
its appeal without prejudice.
I appreciate your continuing assistance In this matter.
Very truly yours,
P -A.4;/
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
12-47
' wo lova"J"Xotatmiulm
V `,�'V"""
Aux A
wm,,.Wag-oj� ,
F .01 F—VaRl' "1611� I,
-flu III
12-48
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 fine 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 50 feet to Lower Newport Bay; and
• All lands southerly of Lower Newport Bay between Newport Boulevard down the Federal Navigational
Channel within the lower say, Inclusive of lido isle and Bay Island and inclusive of the Balboa
Peninsula,
12-49
zoning Agreement
Exhibit E
Specific Large DSS -Licensed bay Care Facfiflies -- Peninsula Zone
Faclffty No: 300600193 Capacity: 004}
CHRIST CHURCH BY THE SEA CHILDREN'S CENTER
1400 WEST BALBOA BOULEVARD
NEWPORT BEACH, CA
12-50
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.
12-51
`5 211
03 f#{
! h a�sni—A
Zoning Agreement
116 30 Street, A & B
The primary route of travel between Sober Living by the Sea's adminis#native offices In
Cannery Village (2811 Villa Way) and these residentlal dwelling units Is 32"d Street,
Balboa Boulevard, 341" Street, and Seashore Drive.
12-53
r
505 29" Street
rAa, '.� � � c --�►'� �'-'. -,-.' 31ST 8T xf , .- �,
µ A
�f 8012 w .:
4i
Sf iR
N RI11 I' ioi
Zoning Agreement
RR
-f
The primary route of travel between Sober living by the Sea's administrative offices In
Cannery Village (281 1 Villa Way) and these residential dwelling units is Lafayette, 29111
Street, and Villa Way.
12-54
112 Wh Street, Units A and B
3960.3980 Seashore Drive
�ai?'�1i��'
?.—. i]2,�
.r•s+■yr 1i
L�
. crura
Zoning Agreement
6
29
2v\
27�
26`
a8os•
12-55
Zoning Agreement
4816 Seashore
4711 Seashore
The primary route of travef betweon 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, 51s1 Street, and River Avenue.
12-56
Zoning Agreement
510-1 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 Avanue, both Street, Neptune, and 51,51 Street.
12-57
6111 Seashore
6114 West Ocean f=ront
OJ
Zoning Agrsemeni
The primary route of travel, between Sober living by the Sea's administrative offices In
Cannery Village (2811 Villa Way) and these residential dWelllV units Is. along Newport
Boulevard, Coast Highway, Prospect, Ocean Front Alley W, 62 Street, and Seashore.
12-58
Exhlblt G
Compllarlce Report Template
(pate Report Submitted)
Thls form covers the period of (month, day) through _. (monih, day), 20—.
DUring the above period, Sobar Living by the Sea'managed or controlled the following facilitles
In Newport Beach:
1'etllr�sula tied Count ADP license?
Property Address Z0110 (Y or N)
(Y ON)
F'eniilstlEaI 4If Pownspla
3
S
6
7
•8
9
io
11
12
13
14
16.
17
. 2Q
.21
Total Bed Count
12-59
Attachment C
Zoning Agreement Administration Protocol Memorandum
12-60
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 ("SLBTS"), Morningside Recovery ("Morningside"),
and any other Drug and Alcohol Recovery f=acility 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 Operators 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.
12-61
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.
1.5 While Inspecting each facility, CED staff shall not obtain client names nor take photos
of clients and shall be respectful at all times of client privacy. CED staff shall count
clients and/or client beds and verify that the client and/or client bed count at each
facility does not exceed those on the reports submitted by Operator.
1.6 If, during a facility inspection, CED observes beds (assembled or unassembled) in
excess of the number of client and staff beds reported by Operator, CED shall request,
and Operator shall provide, an explanation of the presence of such additional beds.
1.7 An inspection report shall be made for each facility.
1.8 All inspection reports and Reports submitted by Operator to CED shall be submitted to
the Planning Department for inclusion in the City's annual review of Operator
compliance with the Zoning Agreement.
2.0 Compliance Review Protocol
2.1 The Effective Date of the Zoning Agreement and Settlement Agreement between the
City and SLBTS shall be May 12, 2009. The Effective Date of the Zoning Agreement
between the City and Morningside shall be December 28, 2010. The Effective Date
for any other Operator with which the City may enter such an agreement, shall be as
defined in the Operator's Zoning Agreement.
2.2 Annual Review of SLBTS' compliance with the zoning Agreement shall be held, to the
greatest extent possible, at the second City Council meeting in July of each year.
2.3 For public notice purposes, the properties that must be posted prior to the public
hearing shall Include only those operated by Operator at the time of the Compliance
Review hearing.
2.4 To prevent inadvertent dissemination of confidential business information of Operators,
including the number of beds actually occupied by persons who are patients, clients or
customers of Operators during City Inspections, and to provide a convenient shorthand
reference to housing for persons who are patients, clients or customers of Operators,
the City shall refer to patients, clients and customers of Operators as "clients," and to
beds occupied or potentially occupied by clients at Operators' residential facilities as
"client beds."
2.5 The terms of each Zoning Agreement, (including, In the case of SLBTS, the terms of
the August 25, 2006 Determination Letter from the Planning Director to SLBTS), shall
be reviewed by staff prior to annual Compliance Review, and good faith compliance
with the terms of the Zoning Agreement shall be noted in staff reports and exhibits
where staff believes such good faith compliance has been demonstrated. Operator is
encouraged to provide any written documentation or statement demonstrating its good
faith best efforts at compliance for City Council review prior to the annual Compliance
Review.
12-62
Zoning Agreement Administration Protocol
October 29, 2010
Page: 3
2.6 When there is a difference between the procedures established in this Protocol and
the language of a specific agreement, the agreement shall control. Waiver by the
Operator, in any given year, of a right or procedure contained in the Operator's Zoning
Agreement shall not constitute a permanent waiver of such right or procedure.
3.0 f=acility Relocation
City staff Is responsible for administering more than one Zoning Agreement with Drug and
Alcohol Recovery Facility operators, and Is also responsible for advising residential care facility
operators who may apply for use permits and reasonable accommodations in the proximity of
other such uses. In order to perform these functions, staff must be aware of the location of such
facilities. For this reason, and to provide Operator with assurance that any new facility location
they are considering is not located in the same block as any other residential care facility,
Operator shall notify the City of planned relocations, and planned facility closures prior to
relocating or opening any new facility. Operator shall make best efforts to notify the. City of
facility closures as close to the date of closure as possible.
CONCLUSION
This protocol shall be executed In a fair and reasonable manner calculated to preserve the
residential neighborhoods in which Drug and Alcohol Recovery Facilities are located and to
protect the rights of the disabled to obtain housing and recovery facilities within the community.
Cc:
David Kiff, City Manager
Jim Campbell, Planning Director
f A09-009171- JB & MC from DRH re Z4 Admin Protocol
12-63
Attachment D
October 27, 2015, City Council Minutes
12-64
City of Newport Beach
Study Session and Regular Meeting
October 27, 2415
Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council
Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich
Absent: Council Member Curry
15. Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA.2010-
150) [381100-2015]
Community Development Director Brandt introduced the item, summarized the matter, and
noted that the subject facility is in compliance with the Zoning Implementation Agreement,
Mayor Selich opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Peotter, seconded by Mayor Pro Tem Dixon, 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 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; 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 Living by the Sea to demonstrate good faith compliance with
the terms of the Zoning Implementation and Public Benefit Agreement,
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council
Member Muldoon, Mayor pro Tem Dixon, Mayor Selich
Absent: Council Member Curry
16. Newport Center Planned Community Amendments and Transfer of Development
(PA2015-109) [100-20151
Council Member Petros recused himself from this item due to business interests.
Community Development Director Brandt presented a summary of the matter.
Mayor Selich opened the public hearing.
Jim Mosher expressed the opinion that he fails to find a reason why The Irvine Company
should gain an extra 10 -feet to their height restriction, and referenced a missing letter
submitted by Stop Polluting Our Newport (SPONO against the matter. He took issue with
The Irvine Company moving entitlements and noted that they are the only entity benefiting
from this.
Hearing no further testimony, Mayor Selich closed the public hearing.
Principal Planner Campbell noted a change proposing to rename Farallon to Civic Center
Drive and referenced map changes.
In response to Council questions, Dan Miller, representing The Irvine Company, addressed
the purpose for their request. He also noted that the extra height is related to screening of
roof -top equipment.
Volume 62 - Page 490
12-65
Attachment E
Villa Way Facility and Lafayette Offices
Matrix
12-66
Condition Category
Zoning Agreement - the
Specific Requirements
:19 and 2805:11
Compliance Review Date
Lafayette 2016
Result
Compliance
Complaints
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
morning transport from Villa Way facility to
m
7;00 a.m. - 8:30 a.m., clients may congregate no more than 10
In compliance.
City staff requested and received assurances from SLBTS that
other locations
minutes after a meeting
SLBTS is in compliance with this requirement.
4. Outdoor areas - client congregation after
1:00 p.rn - 3:00 p.m., clients may congregate no more than 10
City staff requested and received assurances from SLBTS that
afternoon transport to Villa Way facility from
minutes prior to either a meeting or dispersal from facility
Incompliance.
SLBTS is in compliance with all transportation requirements.
other locations
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 in compliance 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
Incompliance.
Meeting facility in Costa Mesa open at 19th 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 to operate 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.
12-67
Condition Category
Zoning Agreement - the
Specific Requirements
:19 and 2805:11
Compliance Review Date
Lafayette 2016
Result
Compliance
Complaints
Report
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.
In compliance.
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.
In compliance.
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.
I
SLBTS is in compliance with this requirement.
3. Other staff
2 staff may be onsite until 11:00 p.m. to receive calls
In compliance.
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
In compliance.
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;
Planning 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
12-65
Attachment F
SLBTS Compliance Reports
12-69
Exhibit G
Sober Living By The Sea
Bi -Annual Compliance Review Report
Date Report Submitted: 1.4.2016
This report covers from June 30, 2015 to December 31, 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
12-70
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 '/z 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
12-70
Exhibit G
Sober Living By The Sea
Bi -Annual Compliance Review Report
Date Report Submitted: 7.26.2016
This report covers from Jan 1st, 2016 to June 30, 2016
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
12-71
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 '/z 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
12-71
Attachment G
Inventory of Client Beds as of September 2016
12-72
SOBER LIVING BY THE SEA, INC.
Inventory of Client Beds as of September 2016
Street
No.
Unit
Street
Beds
May
`08
Beds
Dec.
109
Beds
June
110
Beds
June
`11
Beds
Sept.
`12
Beds
Sept.
`13
Beds
Sept.
`14
Beds
Sept.
`15
Beds
Sept.
`16
206
6
4
4
490
` ia- ^�e-s
6
4
4
402
Via Ant pes
6
4
4
505
29 -st-.
6
6
6
6
6
6
W"
446
A
34 -St.
6
446
B
04 -St-.
6
007
i/2
04 -st-.
6
X09
Y4
24 -st-.
6
42-5
29 -st
6
425
Y
09 -st-.
6
442
A
40 -St-.
0
2
442
B
4CP-St
6
6
6
6
6
426
A
44 -St:
5
5
426
B
44 -St-.
4
4
4S4
A
43 -St-.
6
4-34
B
46 -St-.
6
448
A
4V -St
6
4
446
B
45 -St:
6
2
422
A
45 -St
6
4
422
B
45t" -St.
6
6
43-3
A
45 -St-.
6
4-3
B
45 -St-.
6
5004
A
Neptune St.
6
6
6
6
6
6
6
6
6
5004
B
Neptune St.
6
6
6
6
6
6
6
6
6
5404
A
B,;vel P—Pa-
6
4
5404
B
o,,,�.
6
6
6
6
6
6
6*
3960
Seashore Dr.
6
4
4
Seashore Dr
6
6
6
6
6
6
4500
Seashore Dr.
6
4
4
4
4504
SeasheFe Dr
6
6
6
6
4711
Seashore Dr.
6
6
6
6
6
6
6
6
6
4711'/2
Seashore Dr.
2
2
2
2
2
2
12-73
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
Beds
Sept.
'16
4&0 A Seashore Dr
6
4
4
4
5
5
5*
4800 9 Seashore DF,
6
6
6
5
5
5
5*
4846 A Seashore Dr.
6
4
4
4846 $ Seashore Dr,
6
6
6
6111 Seashore Dr.
6
6
6
6
6
6
6
6
6
6110 W. Ocean
Front
6
6
6
6
6
6
6
6
6
4138 Patrice Rd.
6
6
6
6
6
66
4142 Patrice Rd.
6
6
-44-2 A&B 34 -fit:
40
440* -
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
44
8 DU's
(*closed March 2013)
12-74
Attachment H
Map of SLBTS Facilities — Open and Closed as of September 2016
12-75
16TH STMEN 16TH STREET -� WEST �$
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Sober Living By the Sea
Facilities =I
O OPEN • CLOSED E7
1. 5004 Neptune Ave. A and B
2. 6110 Ocean Front W.
3. 4138 Patrice Rd.
4. 4142 Patrice Rd.
5. 4711 and 4711 1/2 Seashore Dr
6. 6111 Seashore Dr.
SLBTS September_2014
1. 505 29th St.
2. 116 34th St. A and B
3. 307 1/2 34th St.
4. 309 1/2 34th St.
5. 112 39th St.
6. 125 and 125 1/2 39 St.
7. 112 40th St. A (staff) and B
8. 131 43rd St. A and B
9. 126 44th St. A and B
10. 133 45th St. A and B
11. 118 45th St. A and B
12. 122 45th St. A and B
13. 5101 River Ave. A and B
14. 3960 Seashore Dr.
15. 4500 — 4504 Seashore Dr.
16. 4800 Seashore Dr. A and B
17. 4816 Seashore Dr. A and B
18. 3980 Seashore Dr.
19. 100 Via Antibes
20. 102 Via Antibes
21. 208 Via Lido Soud
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12-76
Attachment I
SLBTS Compliance Matrices:
Overall Compliance Matrix and
Individual Facility Matrices
12-77
12-78
Zoning Agreement
with Sober ..
Overall
Operations
Category
Specific Requirements
Inspection Date and Location
Result
ComplaintsCondition
4 facilities inspected 6/16/16 (5004 A & B
Semi-annual compliance
Enforcement
Neptune Ave., 4138 Patrice Rd., 4142 Patrice
reports consistently
Client bed limit
No more than 204 Citywide, Peninsula no more than
Rd., 4711 and 4711 1/2 Seashore Ave.) ; 4
showed bed counts under
Interior inspections in June and September showed bed counts consistent with
156
facilities inspected 9/15/16 (6111 Seashore Dr.,
limits citywide and in
counts reported by SLBTS.
6110 W. Ocean Front); External inspection of all
Peninsula Zone
facilities 6/13/16 and 9/14/16
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 Zone located in MFR only.
In compliance
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.
In compliance.
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 Win 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 Win
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 who 1,000' of NMUSD elementary school or
In compliance
facilities
large day care facility
Proximity to parks
No facility adjacent to 36th St. tot lot or Marina Park tot
In compliance
lo
Parolees from CA Dept. of Corrections or equivalent
SLBTS reports no parolees at any SLBTS address.
Parolees and government referrals
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.
Interior inspections 5/6/15 & 9/24/15 . SLBTS
SLBTS management has instructed all staff at all facilities in proper procedures
Medical waste disposal
Disposed of in accordance with law and best practices
states no medical waste generated at any of its
In compliance
and preferred disposal method.
facilities.
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 8 facilities interior inspections
in May 2015, one
complaint resulted in a Administrative Citation. As a part of the Action Plan
Off-street parking
Comply with NBMC requirements for off-street parking
at
In compliance.
complaint in August 2015
found under #5 in Attachment A the problem was identified as lack of on-site
5/6/15 & 9/24/15.
and one complaint in
management training for new staff and has been adressed with amended
Septmeber 2015 regarding
Action Plan. Inspections in September found parking in compliance.
obstructinc the Dublic riahi
Required staffing
24-hour hotline for complaints
In compliance
24-Hour Complaint Hotline - (949) 554-1147
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
12-78
12-79
SLBTS Zoning Agreement
- 2015-2016 Annual Compliance
- Individual
Facilities
Condition Category
Specific Requirements
Inspection Date
PD or Code Enforcement
Notes
Facility address: 505 29th St.
last interior inspection 7/18/12, exterior
10/15/13 -Police res P g person call,
responded to a missing
This facility CLOSED as of 1/1/14
(6 -client -beds)
inspections 3/21/13 & 9/19/13
person located.
Except 156 beds in Peninsula Zone and Lido Island, all
Facilities outside Peninsula Zone located in MFR only.
This facility located in
facilities located in MFR
Peninsula Zone
New facilities opened after effective date - one facility
Block is area bounded by four streets, not alleys.
Sole facility on block
per block, or across bordering street
118 45th St. or 122 45th St. - BOTH CLOSED
Ordinance Effective Date : 5/12/09
Dispersal - disperse to one facility per block Win 30
Dispersal Date: 11/12/11
307 1/2 34th St. or 309 1/2 34th St - BOTH CLOSED
months of effective date of ordinance adopting
Exceptions not required to disperse: 112 40 th St. and
Sole facility on block -
agreement. Four exceptions under DA may remain Win
3960-3980 Seashore; 122 45th St. and 4500-4504
no dispersal required
4800 Seashore or 4816 Seashore - 4816 CLOSED
same block.
Seashore; 6110 Oceanfront and 6111 Ocean Front; 4711
12/27/10
Seashore and either 4800 Seashore or 4816 Seashore
In compliance.
No new facility established outside Peninsula Zone
Dispersal of final
until dispersal completed.
location complete
12/27/11.
Proximity to schools, large day care facilities
No facility w/in 1,000' of NMUSD elementary school or
In compliance
large day care facility
Proximity to parks
No facility adjacent to 36th St. tot lot or Marina Park tot lot
In compliance
SLBTS reports no parolees at any SLBTS address.
Parolees from CA Dept. of Corrections or equivalent
NBPD performed parolee checks 1/28/10,
NBPD reports no parolees at any SLBTS facility as of 2 -
Parolees and government referrals
prohibited, government referrals prohibited. Other
4/29/10, 7/29/10, 9/30/10,10/21/10 and
In compliance
1-11. Effective Feb. 2011, NBPD requests they be
parolee/probationers - 1 per dwelling unit allowed
2/1/11.
asked to supply this information for criminal law
enforcement purposes only.
No complaints received.
SLBTS management has instructed all staff at all
Medical waste disposal
Disposed of in accordance with law and best practices
Per SLBTS no medical
facilities of proper procedures and preferred disposal
waste generated at this
method.
facility.
The exterior of the property was clean and well -
Other waste disposal
Comply with NBMC trash enclosure provisions
last interior inspection 7/18/12; exterior
In compliance
maintained. The refuse containers for the facility were
inspections 3/21/13 & 9/19/13
covered with lids and stored in compliance with NBMC
section 6.04.150(A).
Good faith effort to prevent smoke affecting neighboring
last interior inspection 7/18/12, exterior
No complaints received,
Secondhand smoke
properties; direct clients not to litter with tobacco products
inspections 3/21113 & 9/19/13
no smoke or related
or violate smoking prohibitions
litter observed
last interior inspection 7/18/12, exterior
In compliance. Noinspections
Off-street parking
Comply with NBMC requirements for off-street parking
3/21/13 & 9/19/13
complaints received
specific to this facility.
Required staffing
24-hour hotline for complaints
In compliance
Hotline - (949) 554-1147
Quiet hours, all residents inside: Sun - Thurs: 10 PM - 7
No noise complaints
Quiet hours
AM;
received
Fri - Sat: 11 PM - 7 AM
Routes submitted to City, good faith efforts to adhere
No transport route
Client transport routes
required
complaints received
specific to this facility.
Deliveries
During customary times for deliveries in residential area
No delivery complaints
received
2 clients per bedroom unless size of structure warrants
last interior inspection 7/18/12, exterior
2 bedrooms contained 3
Clients per bedroom
more for any single bedroom
inspections 3/21/13 & 9/19/13
beds, size of rooms
Consistent with provisions of ZA
appropriate for #
Reporting Frequency
Semi annually; by December 31 and June 30
Compliance reports submitted 1/3/14 and
In compliance
6/24/14.
12-79
12-80
SLBTS Zoning Agreement - 2015-2016 Annual Compliance
- Individual Facilities
Condition Category
Date
NBPD o r Code
Enforcement
Notes
Facility address: 5004 Neptune A&B (6 client beds in
Interior - 6/14/16
None
A, 6 client beds in B)
Exterior - 6/13/16 & 9/14/16
Except 156 beds in Peninsula Zone and Lido Island, all
Facilities outside Peninsula Zone
This facility located in Peninsula
facilities located in MFR
located in MFR only.
Zone
New facilities opened after effective date - one facility
Block is area bounded by four
Sole facility on block
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 Date: 11/12/11
307 1/2 34th St. or 309 1/2 34th St - BOTH CLOSED
Dispersal - disperse to one facility per block w/in 30
Exceptions not required to disperse:
months of effective date of ordinance adopting
112 40 th St. and 3960-3980
Seashore; 122 45th St. and 4500-
Sole facility on block - no
4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27/10
agreement. Four exceptions under DA may remain Win
4504 Seashore; 6110 Oceanfront
dispersal required
same block.
and 6111 Ocean Front; 4711
Seashore and either 4800
Seashore or 4816 Seashore
No new facility established outside Peninsula Zone until
In compliance. Dispersal of final
dispersal completed.
location complete 12/27/10.
No facility Win 1,000' of NMUSD
Proximity to schools, large day care facilities
elementary school or large day care
In compliance
facility
Proximity to parks
No facility adjacent to 36th St. tot lot
In compliance
or Marina Park tot lot
Parolees from CA Dept. of
SLBTS reports no parolees at any SLBTS address.
Corrections or equivalent prohibited,
NBPD performed parolee checks
NBPD reports no parolees at any SLBTS facility as of 2-1-11. Effective
Parolees and government referrals
government referrals prohibited.
1/28/10, 4/29/10, 7/29/10, 9/30/10,
In compliance
Feb. 2011, NBPD requests they be asked to supply this information for
Other parolee/probationers - 1 per
10/21/10 and 2/1/11
criminal law enforcement purposes only.
dwelling unit allowed
Medical waste disposal
Disposed of in accordance with law
06/14/2016
No complaints received
SLBTS management has instructed all staff at all facilities of proper
and best practices
procedures and preferred disposal method.
Other waste disposal
Comply with NBMC trash enclosure
Interior - 6/14/16
In compliance
provisions
Exterior - 6/13/16 & 9/14/16
Good faith effort to prevent smoke
affecting neighboring properties;
No complaints received, no
Secondhand smoke
direct clients not to litter with
6/13/16 & 9/14/16
smoke or related litter observed
tobacco products or violate smoking
prohibitions
Off-street parking
Comply with NBMC requirements
06/14/2016
In compliance. No complaints
for off-street parking
received specific to this facility.
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 faith
No transport route complaints
efforts to adhere required
received specific to this facility.
Deliveries
During customary times for
No delivery complaints received
deliveries in residential area
2 clients per bedroom unless size of
Clients per bedroom
structure warrants more for any
06/14/2016
2 clients per bedrooms or fewer
Consistent with provisions of ZA
single bedroom
Reporting Frequency
Semiannually; by December 31
Compliance reports submitted
In compliance
and June 30
1/4/16 and 7/26/16.
12-80
Condition Category
SLBTS ZoningAgreementCompliance
Specific Requirements
Inspection Date
Result
Complaints to '• or Code Notes
Enforcement
Client bed #s consistent with #s
Facility address: 5101 River, Unit B (6 clientbeds)Inspection
3/21/13 & 9/19/13
reported
This facility CLOSED as of 1/1/14
Except 156 beds in Peninsula Zone and Lido Island, all
Facilities outside Peninsula Zone
This facility located in Peninsula
facilities located in MFR
located in MFR only.
Zone
New facilities opened after effective date - one facility
Block is area bounded by four
Sole facility on block
per block, or across borderinq street
streets, not alleys.
Ordinance Effective Date : 5/12/09
118 45th St. or 122 45th St. - BOTH CLOSED
Dispersal Date: 11/12/11
307 1/2 34th St. or 309 1/2 34th St -BOTH CLOSED
Dispersal -disperse to one facility per block Win 30
Exceptions not required to disperse:
months of effective date of ordinance adopting
112 40 th St. and 3960-3980
Seashore; 122 45th St. and 8 00-
Sole facility on block - no dispersal
4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27/10
agreement. Four exceptions under DA may remain Win
4504 Seashore; 6110 Oceanfront
required
same block.
and 6111 Ocean Front; 4711
Seashore and either 4800 Seashore
or 4816 Seashore
No new facility established outside Peninsula Zone until
Dispersal of final location complete
dispersal completed.
12/27/10
No facility wlin 1,000' of NMUSD
Proximity to schools, large day care facilities
elementary school or large day care
In compliance
facility
Proximity to parks
No facility adjacent to 36th St. tot lot
In compliance
or Marina Park tot lot
Parolees from CA Dept. of
SLBTS reports no parolees at any SLBTS address.
Corrections or equivalent prohibited,
NBPD performed parolee checks
NBPD reports no parolees at any SLBTS facility as of 2-1-11. Effective
Parolees and government referrals
government referrals prohibited.
1/28/10, 4/29/10, 7/29/10, 9/30/10,
In compliance
Feb. 2011, NBPD requests they be asked to supply this information for
Other parolee/probationers - 1 per
10/21/10 and 2/1/11
criminal law enforcement purposes only.
dwelling unit allowed
Medical waste disposal
Disposed of in accordance with law
Inspection 3!21/13 & 9/19/13
In compliance. Per SLBTS, no
medical waste generated at this
SLBTS management has instructed all staff at all facilities of proper
and best practices
facility.
procedures and preferred disposal method.
The exterior of the property was clean and well-maintained. The refuse
Other waste disposal
Comply with NBMC trash enclosure
Inspection 3/21/13 & 9/19/13
In compliance
containers were covered with lids and stored in the side yard in
provisions
compliance with NBMC section 6.04.150 (A).
Good faith effort to prevent smoke
Secondhand smoke
affecting neighboring properties;
direct clients not to litter with tobacco
Inspection 3/21/13 & 9/19/13
No complaints received, no smoke
Installed cigarette receptacles at all facilities and have designated areas
products or violate smoking
or related litter observed
for smoking
prohibitions
Off-street parking
Comply with NBMC requirements for
Inspection 3/21/13 & 9/19/13
In compliance with action taken to
09/18/2013 - Parking on and
Addressed immediately by SLBTS and under investigation .
off-street parking
address complaint
obstructing public right-of-way
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 faith
No transport route complaints
efforts to adhere required
received
Deliveries
During customary times for
No delivery complaints received
deliveries in residential area
2 clients per bedroom unless size of
Clients per bedroom
structure warrants more for any
Inspection 3/21/13 & 9/19/13
2 clients per bedroom or less
single bedroom
Reporting Frequency
Semi annually; by December 31 and
Compliance reports submitted 1/3/14
1
In compliance
June 30
and 6/24/14.
12-81
12-82
ZoningSLBTS
•.2015-2016
Annual Compliance - Individual Facilities
Condition Category
Specific Requirements
Inspection Date
Result Complaints to NBPD.
Enforcement
Facility address: 4711 and 4711 1/2 Seashore, (6
Interior- 6/14/16
6/6/16 - Disturbance by yelling
client beds at 4711, 2 client beds at 4711 1/2
Exterior - 6!13/16 & 9/14/16
transient throwing trash at
This facility OPEN as of 10/1/10.
since 9/1/10.)
property.
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 w/in 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
w/in 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
NBPD performed parolee checks
SLBTS reports no parolees at any SLBTS address.
Parolees and government referrals
prohibited, government referrals
1/28/10, 4/29/10, 7/29/10,
In compliance
NBPD reports no parolees at any SLBTS facility as of 2-1-11.
prohibited. Other
g/30/10 10/21/10 and 2/1111.
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
06/1412016
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
6113/16 & 9114/16
In compliance
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
areas for smoking. In response to complaints received, an Action Plan
affecting neighboring properties;
has been created to found under #4 in Attachment A: A. SLBTS
Secondhand smoke
direct clients not to litter with
6/13/16 & 9/14/16
In compliance
management to educate all clients and staff on the smoking policy
tobacco products or violate
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.
Off-street parking
Comply with NBMC requirements
06/14/2016
In compliance with action
One complaint received in July
Verbal warning given and Action Plan protocol followed.
for off-street parking
taken to address complaint.
2016.
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
06/14/2016
2 per bedroom or less
single bedroom
Reporting Frequency
Semi annually; by December 31
Compliance reports submitted
In compliance
and June 30
1/4/16 and 7/26/16.
12-82
Condition Category
SLBTS Zoning
Specific Requirements
Agreement - 2015-2016
Inspection Date
or Code
Enforcement
NotC7
Facility address: 4800 Seashore, A&B f10-elien4
9 client beds reported as of
10/19/13- Mental health
beds between 2 units)2011.
Inspection 3/21/13 & 9/19/13
10th bed added July
intervention
This facility CLOSED as of 1/1/14.
2011.1,
Except 156 beds in Peninsula Zone and Lido Island,
Facilities outside Peninsula Zone
This facility located in Peninsula
all facilities located in MFR
located in MFR only.
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
Dispersal Date: 11/12/11
Dispersal - disperse to one facility per block Win 30
Exceptions not required to
118 45th St. or 122 45th St. - BOTH CLOSED
of effective date of ordinance adopting
3980 Seashore; 122 45th St. and disperse: 112 40 th St. and 3960-
Exception under ZA - no
307 1/2 34th St. or 309 1/2 34th St -BOTH CLOSED
agree
agreement. Four exceptions under DA may remain
4500-4504 Seashore; 6110
dispersal required
Win same block.
Oceanfront and 6111 Ocean
4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27/10
Front; 4711 Seashore and either
4800 Seashore or 4816 Seashore
No new facility established outside Peninsula Zone
Incompliance. Dispersal of final
until dispersal completed.
[oration 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
Incompliance
lot or Marina Park tot lot
Parolees from CA Dept. of
Corrections or equivalent
NBPD performed parolee checks
SLBTS reports no parolees at any SLBTS address.
Parolees and government referrals
prohibited, government referrals
1/28/10, 4/29/10, 7/29/10,
In compliance
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
Inspection 3/21/13 & 9/19/13
In compliance. No medical waste
SLBTS management has instructed all staff at all facilities of proper
law and best practices
generated at this facility.
procedures and preferred disposal method.
Other waste disposal
Comply with NBMC trash
Inspection 3/21/13 & 9/19/13
In compliance
Refuse containers were covered with lids and stored in the side yard
enclosure provisions
in compliance with NBMC section 6.04.150(A).
Good faith effort to prevent smoke
affecting neighboring properties;
No complaints received. No
Installed cigarette receptacles at all facilities and have designated
Secondhand smoke
direct clients not to litter with
Inspection 3/21/13 & 9/19/13
smoke or related litter observed
areas for smoking
tobacco products or violate
during inspection
smoking prohibitions
Off-street parking
Comply with NBMC requirements
Inspection 3/21/13 & 9/19/13
for off-street parking
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 received
deliveries in residential area
2 clients per bedroom unless size
Clients per bedroom
of structure warrants more for any
Inspection 3/21/13 & 9/19/13
2 per bedroom or less
single bedroom
Reporting Frequency
Semi annually; by December 31
Compliance reports submitted
In compliance
and June 30
1/3/14 and 6/24/14.
12-83
Condition Categor
SLBTS Zoning Agreement - 2015-2016
Specific Requirements Inspection Date
Result
Complaints to or Code
Enforcement
Notes
Facility address: 6110 W. Ocean Front (6 client beds)
Interior - 9/15/16
7/29/16 - Stolen mail. Report
This facility OPEN as of 10/1/10
Exterior - 6/13116 & 9/14/16
taken
Except 156 beds in Peninsula Zone and Lido Island, all
Facilities outside Peninsula Zone
This facility located in Peninsula
facilities located in MFR
located in MFR only.
Zone
New facilities opened after effective date - one facility per
Block is area bounded by four
block, or across bordering street
streets, not alleys.
Ordinance Effective Date: 5/12/09
118 45th St. or 122 45th St. - BOTH CLOSED
Dispersal Date: 11/12/11
307 1/2 34th St. or 309 1/2 34th St -BOTH CLOSED
Dispersal -disperse to one facility per block Win 30
Exceptions not required to disperse:
months of effective date of ordinance adopting
0
Seashore; 122 45th St. and 112 40th St. and 3960-398 8 00-
Exception under ZA - no dispersal
4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27/10
agreement. Four exceptions under DA may remain w/in
4504 Seashore; 6110 Oceanfront
required
same block.
and 6111 Ocean Front; 4711
Seashore and either 4800 Seashore
or 4816 Seashore
No new facility established outside Peninsula Zone until
In compliance. Dispersal of final
dispersal completed.
location complete 12/27/10.
No facility Win 1,000' of NMUSD
Proximity to schools, large day care facilities
elementary school or large day care
In compliance
facility
Proximity to parks
No facility adjacent to 36th St. tot lot
In compliance
or Marina Park tot lot
Parolees from CA Dept. of
Corrections or equivalent prohibited,
NBPD performed parolee checks
SLBTS reports no parolees at any SLBTS address.
Parolees and government referrals
government referrals prohibited.
1128/10, 4/29110, 7/29/10, 9/30/10,
In compliance
NBPD reports no parolees at any SLBTS facility as of 2-1-11. Effective
Other parolee/probationers - 1 per
10/21/10 and 2/1/11.
Feb. 2011, NBPD requests they be asked to supply this information for
dwelling unit allowed
criminal law enforcement purposes only.
Medical waste disposal
Disposed of in accordance with law
Inspection 9115/16
In compliance. No complaints
received. Per SLBTS, no medical
SLBTS management has instructed all staff at all facilities of proper
and best practices
waste generated by this facility.
procedures and preferred disposal method.
Other waste disposal
Comply with NBMC trash enclosure
Inspection 6113/16 & 9/14/16
In compliance. No complaints
Refuse containers were covered with lids and stored in the side yard in
provisions
received.
compliance with NBMC section 6.04.150(A).
Good faith effort to prevent smoke
Secondhand smoke
affecting neighboring properties;
direct clients not to litter with tobacco
Inspection 6/13/16 & 9/14/16
No complaints received, no smoke
Installed cigarette receptacles at all facilities and have designated areas for
products or violate smoking
or related litter observed
smoking
prohibitions
Off-street parking
Comply with NBMC requirements for
Inspection 9/15/16
In compliance. No complaints
off-street parking
received specific to this facility.
Required staffing
24-hour hotline for complaints
In compliance
Hotline - (949) 554-1147
Quiet hours, all residents inside: Sun
Quiet hours
- Thurs: 10 PM - 7 AM;
No noise complaints received
Fri - Sat: 11 PM - 7 AM
Client transport routes
Routes submitted to City, good faith
No transport route complaints
efforts to adhere required
received specific to this facility.
Deliveries
During customary times for deliveries
No delivery complaints received
in residential area
2 clients per bedroom unless size of
Clients per bedroom
structure warrants more for any
Inspection 9/15/16
2 beds per bedroom or less
single bedroom
Reporting Frequency
Semi annually; by December 31 and
Compliance reports submitted 1/4/16
In compliance
June 30
and 7/26/16.
12-84
12-85
ZoningSLBTS
A. 2015-2016
Condition Category
Specific Requirements
Inspection Date Result Complaints to NBPD.
Enforcement
Facility address: 6111 Seashore (6 client beds)
Interior- 9/15/16 5/7/16 Aid.
Exterior - 6/13/16 & 9/14/16
This facility OPEN as of 10/1/10
Except 156 beds in Peninsula Zone and Lido Island,
Facilities outside Peninsula Zone
This facility located in Peninsula
all facilities located in MFR
located in MFR only.
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
Dispersal Date: 11/12/11
118 45th St. or 122 45th St. - BOTH CLOSED
Dispersal - disperse to one facility per block Win 30
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 dispersal
agreement. Four exceptions under DA may remain
3980 Seashore; 122 45th St. and
required
4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27/10
w/in 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 final
until dispersal completed.
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
NBPD performed parolee checks
SLBTS reports no parolees at any SLBTS address.
Parolees and government referrals
prohibited, government referrals
1/28/10, 4/29/10, 7/29/10,
In compliance
NBPD reports no parolees at any SLBTS facility as of 2-1-11.
prohibited. Other
g/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
Inspection 9/15/16
No complaints received. Per
SLBTS, no medical waste
SLBTS management has instructed all staff at all facilities of proper
law and best practices
generated at this facility.
procedures and preferred disposal method.
Other waste disposal
Comply with NBMC trash
Inspection 6/13/16 & 9114/16
In compliance
The refuse containers were covered with lids and stored in the
enclosure provisions
garage in compliance with NBMC section 6.04.150(A).
Good faith effort to prevent smoke
affecting neighboring properties;
No complaints received, no
Installed cigarette receptacles at all facilities and have designated
Secondhand smoke
direct clients not to litter with
Inspection 6/13/16 & 9/14/16
smoke or related litter observed
areas for smoking
tobacco products or violate
smoking prohibitions
Off-street parking
Comply with NBMC requirements
Inspection 9/15/16
In compliance. No complaints
for off-street parking
received specific to this facility.
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 received
deliveries in residential area
2 clients per bedroom unless size
Clients per bedroom
of structure warrants more for any
Inspection 9/15/16
2 beds per bedroom or less
single bedroom
Reporting Frequency
Semi annually; by December 31 and
I Compliance reports submitted 1/4/16
In compliance
June 30
and 7/26/16.
12-85
12-86
ZoningSLBTS
A. 2015-2016
Condition Category
Specific Requirements
Inspection Date
Result Complaints to NBPD.
Code Enforcement
Interior - 6/14/16 & 9/15/16
10/17/15 & 2/25/16 -
Facility address: 4138 Patrice (6 client beds)
Exterior - 6/13/16 and 9/14/16
Medical Aid
7/6/16 - Garage block.
This facility OPEN as of 10/1/10 (opened 8/1/10
Except 156 beds in Peninsula Zone and Lido Isle, all
Facilities outside Peninsula Zone
This facility located outside
Facility outside Peninsula Zone
facilities located in MFR
located in MFR only.
Peninsula Zone, in MFR
New facility established September 2013 at 4142 Patrice Road. The
New facilities opened after effective date - one
Block is area bounded by four
facility is located within the same building as the 4138 Patrice Rd
facility per block, or across bordering street
streets, not alleys.
Sole building on block
facility. No other facilities are located in a separate building within
the same block.
Ordinance Effective Date :
118 45th St. or 122 45th St. - BOTH CLOSED
5/12/09
Dispersal Date: 11/12/11
307 1/2 34th St. or 309 1/2 34th St - BOTH CLOSED
Dispersal - disperse to one facility per block Win 30
Exceptions not required to
months of effective date of ordinance adopting
disperse: 112 40th St. and 3960-
Final dispersal on or before
4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27/10
agreement. Four exceptions under DA may remain
3980 Seashore; 122 45th St. and
12/30/10
w/in same block.
4500-4504 Seashore; 6110 W.
Ocean Front and 6111 W. Ocean
Front; 4711 Seashore and either
4800 Seashore or 4816 Seashore
No new facility established outside Peninsula Zone
In compliance. Dispersal of final
until dispersal completed.
location complete 12/27/10.
No facility w/in 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
Incompliance
lot or Marina Park tot lot
Parolees from CA Dept. of
Corrections or equivalent
NBPD performed parolee checks
SLBTS reports no parolees at any SLBTS address.
Parolees and government referrals
prohibited, government referrals
1/28/10, 4/29/10, 7/29/10,
In compliance
NBPD reports no parolees at any SLBTS facility as of 2-1-11.
prohibited. Other
g/30110 10/21110 and 211/11.
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
6/14/16 & 9/15/16
No complaints received. Per
SLBTS, there is no medical waste
SLBTS management has instructed all staff at all facilities of proper
law and best practices
generated at this facility.
procedures and preferred disposal method.
Other waste disposal
Comply with NBMC trash
6/13116 & 9/14/16
Incompliance.
Refuse containers for the facility were covered with lids and stored in
enclosure provisions
compliance with NBMC section 6.04.150(A)
Good faith effort to prevent smoke
Secondhand smoke
affecting neighboring properties;
direct clients not to litter with
6/13/16 & 9/14/16
No complaints received, no
Installed cigarette receptacles at all facilities and have designated
tobacco products or violate
smoke or related litter observed
areas for smoking
smoking prohibitions
Off-street parking
Comply with NBMC requirements
6/14/16 & 9/15/16
In compliance. No complaints
for off-street parking
received specific to this facility.
Required staffing
24-hour hotline for complaints
In compliance
Hotline - (949) 554-1147
Quiet hours, all residents inside:
Quiet hours
Sun - Thurs: 10 p.m. - 7 a.m.;
No noise complaints received
Fri - Sat: 11 p.m. - 7 a.m.
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 received
deliveries in residential area
2 clients per bedroom unless size
Clients per bedroom
of structure warrants more for any
6/14/16 & 9/15/16
2 beds per bedroom or less
single bedroom
Reporting Frequency
Semi annually; by December 31
Compliance reports submitted
In compliance
and June 30
1/4/16 and 7/26/16.
12-86
12-87
ZoningSLBTS
A. 2015-2016
Condition Category
Specific Requirements
Inspection Date
Result Complaints to NBPD.
Code Enforcement
Facility address: 4142 Patrice (6 client beds)
Interior - 6/14/16 & 9/15/16
Exterior -6/13/16 & 9/14/16
7/12/16 - Medical Aid.
This facility OPEN as of 10/1/10 (opened 8/1/10)
Except 156 beds in Peninsula Zone and Lido Isle, all
Facilities outside Peninsula Zone
This facility located outside
Facility outside Peninsula Zone
facilities located in MFR
located in MFR only.
Peninsula Zone, in MFR
New facility established September 2013 at 4142 Patrice Road. The
New facilities opened after effective date - one
Block is area bounded by four
facility is located within the same building as the 4138 Patrice Rd
facility per block, or across bordering street
streets, not alleys.
Sole building on block
facility. No other facilities are located in a separate building within
the same block.
Ordinance Effective Date :
118 45th St. or 122 45th St. - BOTH CLOSED
5/12/09
Dispersal Date: 11/12/11
307 1/2 34th St. or 309 1/2 34th St - BOTH CLOSED
Dispersal - disperse to one facility per block Win 30
Exceptions not required to
months of effective date of ordinance adopting
disperse: 112 40th St. and 3960-
Final dispersal on or before
4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27/10
agreement. Four exceptions under DA may remain
3980 Seashore; 122 45th St. and
12/30/10
Win same block.
4500-4504 Seashore; 6110 W.
Ocean Front and 6111 W. Ocean
Front; 4711 Seashore and either
4800 Seashore or 4816 Seashore
No new facility established outside Peninsula Zone
In compliance. Dispersal of final
until dispersal completed.
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
NBP/ performed parolee checks
SLBTS reports no parolees at any SLBTS address.
Parolees and government referrals
prohibited, government referrals
1/28/10, 0, 7/29/10,
Incompliance
NBPD reports no parolees at any SLBTS facility as of 2-1-11.
prohibited. Other
9/30/10, 10//21/121/1 0 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
6/14/16 & 9/15/16
No complaints received. Per
SLBTS, there is no medical waste
SLBTS management has instructed all staff at all facilities of proper
law and best practices
generated at this facility.
procedures and preferred disposal method.
Other waste disposal
Comply with NBMC trash
6/13/16 & 9/14/16
In compliance.
pliance.
Refuse containers for the facility were covered with lids and stored in
enclosure provisions
compliance with NBMC section 6.04.150(A)
Good faith effort to prevent smoke
Secondhand smoke
affecting neighboring properties;
direct clients not to litter with
6/13/16 & 9/14/16
No complaints received, no
Installed cigarette receptacles at all facilities and have designated
tobacco products or violate
smoke or related litter observed
areas for smoking
smoking prohibitions
Off-street parking
Comply with NBMC requirements
6/14/16 & 9/15/16
In compliance. No complaints
for off-street parking
received specific to this facility.
Required staffing
24-hour hotline for complaints
In compliance
Hotline - (949) 554-1147
Quiet hours, all residents inside:
Quiet hours
Sun - Thurs: 10 p.m. - 7 a.m.;
No noise complaints received
Fri - Sat: 11 p.m. - 7 a.m.
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 received
deliveries in residential area
2 clients per bedroom unless size
Clients per bedroom
of structure warrants more for any
6/14/16 & 9/15/16
2 beds per bedroom or less
single bedroom
Reporting Frequency
Semi annually; by December 31
Compliance reports submitted
In compliance
and June 30
1/4/16 and 7/26/16.
12-87
Condition Category
SLBTS Zoning
Specific Requirements
Agreement - 2015-2016
Inspection Date
Annual Compliance - Individual Facilities
Result Complaints to NBPD or
Enforcement
06/14/13 - Work without
permits, compliance with ZA
Client beds #s consistent with #'s
Staff inspected andreported.
Facility address: 112 39th St. {16 -beds)
Inspection 9/19/13
unfounded; 07103/13- Failure
This facility CLOSED as of 1/1/14
to follow route plan no
violation, route plan
established
Except 156 beds in Peninsula Zone and Lido Isle, all
Facilities outside Peninsula Zone
This facility located in Peninsula
facilities located in MFR
located in MFR only.
Zone
Does not exceed 156 bed limit in Peninsula Zone.
New facilities opened after effective date - one facility
Block is area bounded by four
Exception under ZA
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 Date: 11/12/11
307 1/2 34th St. or 309 1/2 34th St - BOTH CLOSED
Dispersal - disperse to one facility per block w/in 30
Exceptions not required to disperse:
months of effective date of ordinance adopting
112 40th St. and 3960-3980
Seashore; 122 45th St. and 4500-
Exception under ZA - no dispersal
4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27/10
agreement. Four exceptions under DA may remain w/in
4504 Seashore; 6110 W. Ocean
required
same block.
Front and 6111 W. Ocean Front;
4711 Seashore and either 4800
Seashore or 4816 Seashore
No new facility established outside Peninsula Zone until
Incompliance. Dispersal of final
dispersal completed.
location complete 12/27/10.
No facility Win 1,000' of NMUSD
Proximity to schools, large day care facilities
elementary school or large day care
In compliance
This facility allowed by ZA.
facility
Proximity to parks
No facility adjacent to 36th St. tot lot
In compliance
or Marina Park tot lot
Parolees from CA Dept. of
SLBTS reports no parolees at any SLBTS address.
Corrections or equivalent prohibited,
NBPD performed parolee checks
NBPD reports no parolees at any SLBTS facility as of 2-1-11. Effective
Parolees and government referrals
government referrals prohibited.
1/28/10, 4/29/10, 7/29/10,
In compliance
Feb. 2011, NBPD requests they be asked to supply this information for
Other parolee/probationers - 1 per
9/30/10, 10/21/10 and 2/1/11.
criminal law enforcement purposes only.
dwelling unit allowed
Medical waste disposal
Disposed of in accordance with law
Inspection 9/19/13
In compliance. No medical waste
SLBTS management has instructed all staff at all facilities of proper
and best practices
qenerated at this facility.
procedures and preferred disposal method.
Other waste disposal
Comply with NBMC trash enclosure
provisions
Inspection 9/19/13
In compliance
Good faith effort to prevent smoke
Secondhand smoke
affecting neighboring properties;
direct clients not to litter with tobacco
Inspection 9/19/13
No complaints received, no smoke
Installed cigarette receptacles at all facilities and have designated areas
products or violate smoking
or related litter observed
for smoking.
prohibitions
Off-street parking
Comply with NBMC requirements for
Inspection 9/19/13
In compliance. Parking clear, no
off-street parking
complaints received
Required staffinq
24-hour hotline for complaints
In compliance
Hotline - (949) 554-1147
Quiet hours, all residents inside:
Quiet hours
Sun - Thurs: 10 p.m.- 7 a.m.;
No noise complaints received
Fri - Sat: 11 p.m. - 7 a.m.
Client transport routes
Routes submitted to City, good faith
No transport route complaints
efforts to adhere required
received to this facility.
Route plan provided consistent with Zoning Agreement.
Deliveries
During customary times for
No delivery complaints received
deliveries in residential area
2 clients per bedroom unless size of
Clients per bedroom
structure warrants more for any
Inspection 9/19/13
2 per bedroom or less
sinqle bedroom
Reporting Frequency
Semi annually; by December 31 and
Compliance reports submitted
In compliance
June 30
1/3/14 and 6/24/14.
12-88
Attachment J
Code Enforcement Inspection Reports
12-89
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: June 16, 2016
Re: Sober Living by the Sea — Zoning Agreement Compliance Inspection
On June 13, 2016, 1 inspected the exterior for all Sober Living by the Sea ("SLBTS") facilities, all
facilities were clean and no violations found. On June 16, 2016, 1 inspected the following Sober Living
by the Sea ("SLBTS') facilities: 4138 Patrice Ave, 4142 Patrice Ave, 4711 Seashore Ave, and 5004
Neptune Ave. 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.
4138 Patrice Ave
This location is a licensed, Co-ed facility.
Program Director:
Justin Gatfield
Facility Name: Detox
Bed Count:
12-90
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(B).
Trash/Trash Cans:
The exterior of the property was clean and well-maintained. The refuse containers for the facility were
covered with lids and stored in the 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
This location is a licensed female only facility.
Program Director:
Jenifer Devore
Facility Name:
Rose Phase 3
This location has a total of five bedrooms. The bedroom on the first floor is occupied by Angelie (staff
member) who lives on site full time.
First Floor
2
12-91
Bedroom 1: 1 Bed used by Angelie
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(B).
Trash/Trash Cans:
The exterior of the property was clean and well-maintained. The refuse containers for the facility were
covered with lids and stored in the side yard in compliance with NBMC section 6.04.150(A).
Complaints:
There were no complaints filed with the City during this review period
4711 Seashore Drive
This location is a licensed, male only facility.
Program Director:
Kim Homan
Facility Name:
The Landing
Bed Count:
Unit A
3
12-92
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 '/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:
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
5004 Neptune Ave
This location is a licensed, male only facility.
Program Director.-
Kim
irector.
Kim Homan
4
12-93
Facility Name:
Neptune
Bed Count:
I Init A
Bedroom 1: 2 beds
Bedroom 2: 2 beds
Bedroom 3: 2 beds
Facility Total: 6 beds
Unit B (5004 Neptune 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
5
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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 and in each bedroom. 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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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 15, 2016
Re: Sober Living by the Sea — Zoning Agreement Compliance Inspection
On September 14, 2016, 1 inspected the exterior for all Sober Living by the Sea ("SLBTS") facilities, all
facilities were clean and no violations found. On September 15, 2016, I inspected the following Sober
Living by the Sea ("SLBTS") facilities: 4138 Patrice Ave, 4142 Patrice Ave, 6111 Seashore Ave, and
6110 Oceanfront. 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.
4138 Patrice Ave
This location is a licensed, Co-ed facility.
Program Director:
Justin Gatfield
Facility Name: Detox
Bed Count:
12-96
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(B).
Trash/Trash Cans:
The exterior of the property was clean and well-maintained. The refuse containers for the facility were
covered with lids and stored in the 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
This location is a licensed female only facility.
Program Director:
Ashley Mansfield
Facility Name:
Rose Phase 3
This location has a total of five bedrooms. The bedroom on the first floor is occupied by Angelie Hand
(staff member) who lives on site full time.
First Floor
2
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Bedroom 1: 1 Bed used by Angelie Hand
Second Floor
Bedroom 1: 3 beds
Bedroom 2: 2 beds
Bedroom 3: 1 bed
Bedroom 4: 1 bed- (This room is currently switching into another house manager's room)
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(B).
Trash/Trash Cans:
The exterior of the property was clean and well-maintained. The refuse containers for the facility were
covered with lids and stored in the side yard in compliance with NBMC section 6.04.150(A).
Complaints:
There were no complaints filed with the City during this review period
6111 Seashore Drive
This location is a licensed, female only facility.
Program Director:
Ashley Mansfield
Facility Name:
The Rose (Phase 1)
Bed Count:
3
12-98
Ci.-+ Cl.,..r
Bedroom 1: 2 beds
Bedroom 2: Office
Second Floor
Bedroom 1: 1 bed
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. 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(B).
Trash/Trash Cans:
The exterior of the property was clean and well-maintained. The refuse containers for the facility were
covered with lids and stored in the 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:
Ashley Mansfield
Facility Name:
The Rose (Phase 2)
Bed Count
First Floor
Bedroom 1: Office
4
12-99
Second Floor
Bedroom 1: 2 beds
Bedroom 2: Office
Bedroom 3: 4 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(B).
Trash/Trash Cans:
The exterior of the property was clean and well-maintained. The refuse containers for the facility were
covered with lids and stored in the 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 and in each bedroom. 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.
5
12-100
The only issue that was observed was with Rose Phase 3. Currently there are a total of seven beds
on the second floor. Ashley indicated that they are currently looking to hire a second house manager
for the property. Once this person is hired bedroom four will be occupied by staff.
A copy of this report will be forwarded to the City Attorney's Office and the Planning Division.
61Pagc
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