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HomeMy WebLinkAbout12 - Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150)TO: FROM CITY OF NEWPORT BEACH City Council Staff Report October 23, 2018 Agenda Item No. 12 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Community Development Director - 949-644-3282, sjurjis@newportbeachca.gov PREPARED BY: Melinda Whelan, Assistant Planner PHONE: 949-644-3221 TITLE: Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150) ABSTRACT: This is the ninth annual periodic review of the Zoning Implementation and Public Benefit Agreement ("Zoning Agreement") between the City and Sober Living by the Sea (SLBTS). Staff has conducted a thorough review of SLBTS's operations and the requirements of the Zoning Agreement. Staff is of the opinion that SLBTS is in compliance with all requirements. RECOMMENDATION: a) Conduct a public hearing; b) Find this review exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this review enforces an entitlement for use adopted by the City and has no potential to have a significant effect on the environment; c) Find that Sober Living by the Sea has demonstrated good faith compliance with the terms of the Zoning Implementation and Benefit Agreement; and d) Receive and file documents submitted by Sober Living by the Sea (Attachment A) 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 Implementation for Sober Living by the Sea, Inc. (PA2010-150) October 23, 2018 Page 2 DISCUSSION: Background This is the ninth annual review of the Zoning Agreement between the City and SLBTS. Staff has conducted a thorough review of SLBTS's operations and the requirements of the Zoning Agreement (Attachment B) and Zoning Agreement Administrative Protocol Memorandum (Attachment C). Staff's review indicates that SLBTS is in compliance with all requirements. The Zoning Agreement establishes the duties of both the City and SLBTS, and requires that the City and SLBTS each comply in good faith with its terms. The Zoning Agreement includes a provision that a periodic review be conducted at least once every 12 months, consistent with California Government Code Section 65865.1, and Newport Beach Municipal Code (NBMC) Section 15.45.080. If the City Council finds that the applicant has not complied in good faith with the terms or conditions of the agreement, the City Council may pursue remedies. In October 2017, the City Council conducted the eighth annual review and determined that SLBTS had demonstrated good faith compliance with the terms of the Zoning Agreement. Terms and Conditions of the Zonina Aareement Lafayette Offices The SLBTS administrative offices remained as approved at 2800 Lafayette Avenue. The office operation meets all of the requirements found in the SLBTS Annual Compliance Report (Attachment A) and as outlined in the Lafayette Offices Matrix (Attachment D). The office location includes the parking lot at 2805 Villa Way, which provides the permanent off-street parking required by the Zoning Agreement. The parking lot 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 (Attachment E). The latest 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 conducted on-site interior and exterior inspections of eight SLBTS facilities in June and September this year, and found all facilities in compliance (Attachment F). Code Enforcement also verified that each facility is in compliance with the applicable regulations (Attachment G) as delineated in the Zoning Agreement. 12-2 Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150) October 23, 2018 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 43 client beds (Attachment A) as of October 1, 2018. 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 2018 (Attachment H & Attachment 1). Calls for Service and Other Complaints The Newport Beach Police Department (NBPD) reviewed calls -for -service related to the SLBTS facilities between September 1, 2017, and September 2018. The calls were minor in nature and did not raise concern with the NBPD regarding facility operations. The calls for service are included in the Individual Facilities Matrices (Attachment G). 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 Parking Permits. For the 41 Parking Permits held by SLBTS staff, 11 citations were issued over the last year that were all minor in nature. SLBTS continuously addresses parking code compliance in the ongoing Action Plan (Attachment A. # 5) with SLBTS staff members. Conclusion - Staff is of the opinion that SLBTS has made good faith efforts to comply with the terms of the Zoning Agreement. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Notice of this hearing was published in the Daily Pilot, mailed to all owners and occupants of property within 300 feet of the boundaries of each of the property locations, and mailed to the applicant at least 10 days prior to this hearing, consistent with the provisions of the NBMC. Notice of this hearing was also posted at each property location at least 10 days prior to this hearing. 12-3 Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150) October 23, 2018 Page 4 ATTACHMENTS: Attachment A — SLBTS Documents Demonstrating Compliance Attachment B — Zoning Agreement Attachment C — Zoning Agreement Administrative Protocol Memorandum Attachment D — Lafayette Offices Matrix Attachment E — SLBTS Compliance Reports Attachment F — Code Enforcement Inspection Reports Attachment G — SLBTS Compliance Matrices: Overall Compliance Matrix and Individual Facilities Matrices Attachment H — Map of SLBTS Facilities — Open and Closed as of September 2018 Attachment I — Inventory of SLBTS Client Beds as of September 2018 12-4 Attachment A SLBTS Documents Demonstrating Compliance 12-5 Sober Living by the Sea Annual Report to City of Newport Beach October 1, 2018 Sober Living by the Sea had an official change in Executive Leadership at the beginning of 2018. Ms. Krystel Georgos, formerly Chief Operating Officer, was promoted to Chief Executive Officer to lead the entire SLBTS team. Ms. Danielle Farnsworth remains the Director of Compliance for SLBTS. Both Ms. Georgos and Ms. Farnsworth can be reached by calling the SLBTS main number 949-673-6696 or via email krystel.alvarez@soberliving.com and/or danielle.farnsworth@soberliving.com Both employees have been with SLBTS 10+ years, and fully understand the importance of the compliance reports as well as reporting deadlines. Ms. Georgos shall be the first point of contact for any correspondence, and Ms. Farnsworth will serve as back up. We have made communication with The City of Newport Beach a top priority, and will continue to do so in the future. 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 September 1, 2018 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 1 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: 43 Sober Living is in compliance with this requirement. 12-6 49 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. #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. Urinalysis testing done on site is picked up by the laboratory within 24 hours of taking the specimen. 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 known complaints filed this past year. 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. An ongoing plan has been in effect since 9/19/13 concerning action plans to eliminate smoking issues and respond to parking regulations. SLBTS addresses the provisions of issued parking permits, as well as Newport Beach regulations and requirements for parking on public streets. 12-7 The following plan was implemented in previous years, and due to the "ongoing" nature, continues to be part of the SLBTS Action Plan. Please see below for details: Objective Action/Activity Target dates Status 1. Develop and support action Began effort at September 19, 9/19/13— Ongoing plan for eliminating smoking 2013 indefinite issues at 4711 Seashore Drive A. Identity current & present A. SLBTS management to 9/20/2013- Ongoing SMOKING behaviors of staff and educate all clients and staff indefinite clients, whereabouts, time of on the smoking policy day, and disposal of cigarettes moved to garage only. B. Implement smoking policy and repercussions for non- adherence. 2. Develop and support action A. SLBTS management to 9/20/2013- Ongoing plan for eliminating parking educate all clients and staff indefinite issues at 4711 Seashore on the parking policy Drive B. Implement parking policy and repercussions for non- A. Identity current & present adherence. PARKING behaviors of staff 3. Develop assessment to To be measured by: 9/20/2013- Ongoing measure effectiveness & a. Documenting actions and indefinite impact of smoking and accomplishments of parking policies Objective 1, 2 4. Develop ongoing supportive Documented by activities and environment between accomplishments from Objectives 9/20/13— Ongoing SLBTS and City of Newport 1 and 2. indefinite Beach S. Staff Training a. Discuss situation with 9/30/15- ongoing current Landing program indefinite director. Rose director has also been informed. b. Review all Newport City 9/30/15— ongoing guidelines with all staff indefinite moving forward on an annual basis. 12-8 46 of Operational Regulations: Sober Living continuously operates a 24 hour per day hotline for receiving inquiries and/or complaints. The number is 949.554.1147. No complaints received. 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 Thursday10 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. #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 12-9 c. Review all Newport City 9/30/15— ongoing guidelines with all indefinite managers on a quarterly basis. d. When new director is 9/30/15— ongoing assigned to either The Rose indefinite or The Landing as part of their orientation they will review the Newport City guidelines. 46 of Operational Regulations: Sober Living continuously operates a 24 hour per day hotline for receiving inquiries and/or complaints. The number is 949.554.1147. No complaints received. 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 Thursday10 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. #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 12-9 The office at 2811 Villa Way was relocated to 2800 Lafayette on May 1, 2013. We met with the City of Newport and received permission to relocate our administrative services to that building. Below are the conditions set forth in the zoning agreement: 1. The use of 2800 Lafayette Avenue is limited to only office uses for Sober Living, client check-in, and a small ancillary computer lab (5-7 stations). Client group meetings, client picking up and/or consuming prescriptions, or client consulting with a nurse shall not occur at 2800 Lafayette Avenue. Sober Living is in compliance with this condition. 2. Client check-in shall be limited to 7:OOam to S:OOpm. Sober Living is in compliance with this condition. 3. Client use of the computer lab shall be limited to 9:OOam to 4:OOpm. Sober Living is in compliance with this condition. 4. Clients may use the building entrance facing 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. As of 04/01/2017, SLBTS has not occupied or utilized 2809 Villa Way in any way for staff or clients. 12-10 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: Provide 13 off-site parking spaces at 2805 Villa Way which will be used for vehicle parking and storage by Sober Living staff and transport vans. All vehicles associated with Sober Living shall be parked at this lot rather than on City streets or public parking lots. For instance, Sober Living vans shall be parked on the lot rather than on City streets in the surrounding neighborhood or the City parking lot. Sober Living is in compliance with this condition. 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. As of 04/01/2017, SLBTS does not utilize any bike racks, nor store bicycles behind 2811 Villa Way. 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, and as of 04/01/2017, bike rack usage is non -applicable. 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: As of 04/01/2017, 2809 Villa Way is not being utilized in any way by SLBTS. ITOM iii ►1 T_W0 01iii /ITONT�L�1il �hL�7��P►L�l t�77 Lr71�L��Ii��73 %�'l�II�A_\�i%\'1 12-11 Attachment B Zoning Agreement 12-12 RECORDING REQUESTED AND WHEN RECORDED RETURN TO; Office of the City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 Reeardacl in Official Records, Orange County - - - Tont naly, Clerk-Racordor I�IE I Illli ll l[1Ilf ll ill 010111111ill1[i III1N0 FEE 2009000577876 04:49pm 90123/09 295 28 Al2 31 0.00 0.00 0.04 0.40 0.40 0.00 0.00 0.04 [Exempt from Recordation Fee per Government Code Section 27383 CONFORMED COPY Not Compared with Original ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT 12-13 zoning Agreement ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT (Pursuant to Callfornla Government Code §§85864-66869.5) 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 Pian. B. On November 20, 2008, City's Planning Commission held a public hearing on this Zoning Agreement, made findings and determinations with respect to this Zoning Agreement, and recommended to the City Council that the City Council approve this Zoning Agreement. C. On January 27, 2009, the City Council also held a public hearing on this. Zoning Agreement and considered the Planning Commission's recommendations and the testimony and Information submitted by City staff, Operator and members of the public. On February 10, 2009, pursuant to the applicable state law (California Government Code §§65854-65869.5) and local law (City of Newport Beach Municipal Code Chapter 15.45), the City Council passed Its Ordinance No. 0..._09_4 finding this Zoning Agreement to be consistent with the City of Newport Beach eemal Plan and approving this zoning Agreement, D. This Zoning Agreement allows Saber 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 (€i) up to an additional 48 beds outslde•of the Peninsula Zone and within zones accommodating multi -family residential uses, In compliance with the terms of this Zoning Agreement. E. This Zoning Agreement also memorializes uses granted to and conditions agreed to by Sober 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. NfInItions. The following terms when used In this Zoning Agreement shall have the meanings set forth below; 12-14 Zoning Agreement A. "Affiliate" shall mean a person or entity that is directly or Indirectly controlled by Operator. B. "City Council" shall mean the governing body of City. C. 'Control' (including the terms "controlling," "controlled by," and "under common control with") shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. 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 Planu 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 Living Homes in R- 1, R-1%2 , R-2 and multifamily residential ("MFR") and certain Specific Plan District zones within City. "property' Includes the rights to operate all of those properties as well as other properties not presently identifiable which may be utilized by Operator as Facilities hereunder. 1. "Sober Living Homes" shall mean alcoholism and drug abuse recovery facilities not licensed by ADP. J. "'term' shall have the meaning ascribed in Section 11 of this Zoning Agreement. 2. Significant Publio Benpfit§, The significant public benefits that this Zoning Agreement provides Include, but are not limited to: A. Settlement and avoidance of costs of a pending lawsuit, Including attorneys fees; B. Preservation of the regulatory ordinance which was the subject matter of the lawsuit, C. Requested termination of a related federal administrative proceeding, D. A reduction of and limitation on the size of a residential care operation In the City, Including a limitation on 6 or under Licensed l;acilitlos, E. Dispersal of Llcen' ed Facilities and Sober Living Homes to reduce the concentration thereof, 2 12-15 Zoning Agreement F. The placement of operational controls on said facilities to reduce perceived negative Impacts on residential neighborhoods. 3. General Plan Consistency and Zoning fm f mentatia . This Zoning Agreement and the regulations applied herein to the Property ("Applicable Regulations" hereinafter) will cause City's zoning and other land use regulations for the Property to remain consistent with the General Plan. 4. Warranties and RegLesentations. moth 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 doouments herein, and that the necessary authorizations have been obtained, by resolution or other action, and that the persons whose names appear as signatories below were authorized to accept this Zoning Agreement on behalf of the Party under whose name they signed, A. Each Party specifically represents and warrants that It has the legal authorlty 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: 1. Consistent with the General Plan for the City and any Specific Plans that apply to the area In which any portion of the Property Is located, and fl. Consistent with the Local Coastal Land Use Plan ("CLUP) for the City of Newport Beach and that the CLUP has been approved by the California Coastal Commission, 5. Operation of.Property: Applicable „Requfatlons. 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 Intenslty of use and the location of buildings Involved shall be those set forth In the "Applicable Regulations" delineated In Exhibit B and as set forth In Section 6 below. During the term of this Zoning Agreement, City shall not prevent operation of the Property that is In compliance with the Applicable Regulations and all other applicable laws and regulations specified In Section 9 hereof. 6. Operator's Vested Rights. During the Term of this Zoning Agreement, except to the extent City reserves its discretion as expressly set forth in this Zoning Agreement or in the Applicable Regulations and all other applicable laws and regulations specified In Section 9 hereof, Operator shall have the vested right, within the limits and constraints of the Applicable Regulations, to conduct Its operation of Licensed Facilities and Sober Living Homes on the Property. The 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 conditions set out In Exhibit G except for Paragraph 12 relating to parking, City acknowledges Operator has been exercising due diligence to complete the parking lot which Is unfinished due to circumstances beyond Operator's control. Operator agrees to use good faith efforts to get the parking lot at Villa Way completed. In the event meetings are no longer held at Villa Way, the currently permitted non- conforming right to use said property as an office use shall continue until termination of this Zoning Agreement, The Operator's leased property at 505 291h Street, commonly known as 3 12-16 Zoning Agreement "The Victorian," is a legal nonconforming single family residence and shall be treated as a Licensed Facility. In the event Ordinance No. 2008.0 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 02 of Exhibit €3 to this Zoning Agreement. 8. No Conflicting Enact a ts. 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 gov%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 Regulatlons, 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 Safely. Any City ordinance, regulation, rule, regulation, program, or official policy, that Is necessary to protect parsons on the Property or In the Immedlato community from conditions dangerous to their health or safety shall apply to the Property, consistent with Section C2 of Exhibit B. 10. No Aaency. 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 12-17 Zoning Agreement I. The 91st day following the City Council's passage of the ordinance approving this Zoning Agreement, or It. 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 felled to pass, or iii. If litigation Is Instituted to challenge this Zoning Agreement prior to the Effective Date established In accordance with Section 11 A. 1. and Ii above, then on the 31st day after the litigation is terminated, the time for appeal has expired, and the legal challenge has been unsuccessful. B. Term. The term of this zoning Agreement (the "Term") shall commence on the Effective Date and shall expire at the conclusion of the 25th year thereafter. However In no event shall the term of this Zoning Agreement exceed thirty (30) years after its execution, C. Stay of. Ordinance 2008.05 Pending Effective Date. Prior to the effective date of the ordinance adopting this Zoning Agreement, or that date upon which it becomes clear that there shall be no Effective pate, 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. this Zoning Agreement under 12. r endr Cancellation of Zoning6greement Other than modifications of 90 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 §65869.6, this zoning Agreement Is enforceable by either Party despite any change in any applicable general or specific plan, zoning, subdivision, or building regulation or other applicable ordinance or regulation adopted by City (including by City's electorate) that purports to apply to any or all of the Property. 14. Ferfr�¢lc _Review of Com0lance. City and Operator shall each comply In good faith with the terms of this Zoning Agreement, The Parties shall review this zoning Agreement at least once every 12 months from the Effective Date for good faith compliance with Its terms consistent with California Government Code §65865 and §65866.1 and City of Newport Beach Municipal Code §15.45.070. At the reviews, Operator shall demonstrate Its good faith compliance with this Zoning Agreement and shall document the current'status of Its operation. Operator also agrees to furnish evidence of good faith compliance as City may require in the reasonable exercise of Its discretion and after reasonable notice to Operator. On or before December 31 and .lune 30 of each year during the Term of this zoning Agreement, $ober 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 12-18 Zoning Agreement 15, Events of Default. A. Default by Operator, pursuant to California Government Code §65865.1, if City determines that Operator has not complied in good faith with Operator's obligations pursuant to this Zoning Agreement, City shall by written notice to Operator specify the manner in which Operator has failed to comply and state the steps Operator must take to bring Itself into compliance. If Operator does not commence compliance within 30 days after receipt of the written notice from City specifying the manner In which Operator has failed to comply, and diligently pursue steps to achieve full compliance, then Operator shall be deemed to be in default under the terms of this Zoning Agreement. City may then seek available remedies as provided in Section 15.0 of this Zoning Agreement. 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 then seek a specific performance or similar equltable 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 Warty 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. Cooperation. Each Party covenants to take all reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Zoning Agreement. 17. Force Mglgure. Neither Party shall be deemed to be In default where failure or delay In performance of any of Its obligations under this zoning Agreement is caused, through no fault of the Party whose performance Is prevented or delayed, by'floods; earthquakes, other acts of God, fires, war, riots or similar hostilities, strikes or other labor difficulties, state or federal regulations, or court actions. 18. T.bitd_Party Legal Chalienae. 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 tate California Environmental Quality Act to that process, ("Third Party legal Challenge") the parties shall defend the Third Party legal Challenge jointly, 12-19 Zoning Agreement and each party shall be responsible for Its legal expanses incurred In connection with the Third Party Legal Challenge. 19. Right to Assign, Operator shall have the right to transfer or assign the rights and obligations contained herein in whole to any person, partnership, joint venture, firm, or corporation at any time during the Term of this Zoning Agreement without the consent of City. Upon the effective date of any such transfer or assignment of the Property, the transferor - assignor shall notify City of the name and address of the transferee. Any assignment of this Zoning Agreement must be pursuant to a sale or transfer of Operator's rights in the entirety of the Property. Any sale or transfer of the Property shall Include the assignment and assumption of the rights, duties, and obligations arising from this Zoning Agreement to the transferee with respect to all of the Property. Operator shall no longer be obligated under this Zoning Agreement for the Property if Operator Is net In default under this Zoning Agreement at the time of the sale or transfer. 20. Zoning Mraement Bind Ing -W--Q uccesso rs and Assf s. The burdens of this Zoning Agreement are binding upon, and the benefits of this Zoning Agreement shall inure to, all successors In interest of the Parties to this Zoning Agreement. 21. Estoppel Certificate. At any time, either Party may deliver written notice to the other Party requesting that the Party certify in writing that, to the best of its knowledge: A. This Zoning Agreement Is in full force and effect and Is binding on the Party; B. This Zoning Agreement has not been amended or modified either orally or In writing. If this Zoning Agreement has been amended, the Party providing the certification shall identify the amendments; and C. The requesting Party is not In default In the performance of its obligations under this Zoning Agreement. If the requesting party is in default, the other Party must describe the nature of the default. The requesting party shall execute and return the certificate within. sixty (60) days following receipt. Any assignee of a Party's rights and obligations hereunder, as referred to in this Section 21, shall be entitled to rely on the certificate. 22. Furth ctto sn trump t . 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. otices. Any notice or demand that shall be required or permitted by law or any provision of this Zoning Agreement shall be In writing. if the notice or demand will be served upon a Party, It either shall be personally delivered to the Party, deposited In the United States mail, certified, return receipt requested, and postage prepaid; or delivered by a reliable courier service that provides a receipt showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows: 7 12-20 Zoning Agreement To City: City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Reach, California 92663-3884 Atteritlon: City -Manager Fax: 949-644-3020 With a copy to: City Attorney City of Newport Beach 3300 Newport Boulevard Past Office Box 1768 Newport Beach, California 92563.3884 To Operator: Sober Living by the Sea, Inc. 2811 Villa Way Newport Beach, California 92663 Attn: Executive Director Wlih a copy to: CRC Health Group, Inc. 2400 Stevens Creek Boulevard, Suite 600 Cupertino, California 95014 Attn: General Counsel Fax: 415-358-8444 Either Party may change the address stated in this Section 23 by notice to the other Party In the manner provided In this Section 23, and notices shall be addressed and submitted to the new address. Notice shall be deemed to be delivered upon the earlier of: (a) the date received; or (b) three business days after deposit In the mall as provided above. 24. Rules of Construction and Miscell-aneogs Terms. A. Rules of Construction. The singular includes the plural; the masculine and neuter Include the feminine; "small" 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 12-21 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 €ndependent 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. C. 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 taws of the State of California, Any action arising under this Zoning Agreement or brought by any Party for the purpose of enforcing, construing, or determining the validity of any provision of this Zoning Agreement shall be flied and tried in the Superior Court of the County of Orange, State of California, or the United States District Court for the Central District of California, The Parties waive all provisions of low providing for the removal or change of venue to any other court. 1. Section Headings, All section headings and subheadings are Inserted for convenience only and shall not affect construction or interpretation of this Zoning Agreement. J. Authority to Execute. The persons executing this Zoning Agreement warrant and represent'that they have the authority to execute this Zoning Agreement on behalf of the entity for which they are executing this Zoning Agreement. They further warrant and represent that they have the authority to bind their respective Party to the performance of Its obligations under this Zoning Agreement. CITY: CITY OfNLORTSEAC j ", By: Edward Selich Title: MAYOR OF NEWPORT BEACH OPERATOR: SOBER LIV BY THE SEA, INC. r� By: Kevin Hogge Title. CHIEF FINANCIAL OFFICER 12-22 Zoning Agreement By: &. 6 J�� Pamela Burke Title: VICE PRESIDENT/SECRETARY OPERATOR: COMPREH SIVE ADDICTIONS PROGRAMS, INC. 13y: .�� Kevin Hogge Title: CHIEF FINANCIAL OFFICER B : qo, Y26�xl Pamela -Burke Title: VICE PRESIDENT/SECRETARY OPERATOR: CRC HE CORPORATION By: Kevin Hoag Title: CHIEF FINANCIAL OFFICER e�2j By; e-, a — Pamela Burke Title: VICE PRESIDENT/SECRETARY OPERATOR: CRC HEA GROUP, INC. By: Kevin Hogge Title: CHIEF FINANCIAL OFFICER By:T' &L P ela Burke Title: VICE PRESIDENT/SECRETARY 10 12-23 Zoning Agreement APPROVED AS TO FORM: By: David R. Hunt Title: CITY ATTORNEY, CITY OF NEWPORT BEACH ATTEST. By: Title, d&"Q L.ellani Brown CITY CLERK, CITY OF NEWPORT BEACH 11 12-24 Zoning Agreement Exhibit A List of SLBTS Facilities 248-7Via Lido Soud' ; : ADP Licensed 100 Via Antibes ADP Licensed 102 Via Antibes` '. OP Licensed 505 29th Street ADP Licensed 116 A B- 34th Street Sorer Living X. 307 1/2 34th Street Sober Living X 309 1/2 34th Street Sober Living X' 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` 45th Street- .' ADP: Licensed 5004 A & B Neptune Sober Living 510.1 AA B : Diver ADP Licensed 3960-80 Seashore ADP Licensed ..4600-04 Seashore ADP Licensed 4711 Seashore ADP Licensed .4800. : seashore AD171lcbn6ed -X' 4816 Seashore. Sober Liv!DcL- 6111 Seashore ADPI[censed 6110 VII Oceanfront jADP Licensed ""X"= Closed. orclosin j I May not be closed if 4816 Seashore is closed 12-25 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 dale of the ordinance adopting this Agreement, there small 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 depleted In Exhibit D at any time by persons who are patients, clients or customers of Sober Living, whether contained within Residential Care Facilities, General, Residential Care Facilities, Small Licensed or Residential Care Facilities, Small Unlicensed as defined In §20.05.030 of the Newport 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 Facllitles, 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 ail of its newly established facilities utilized as Licensed Faellitles-or Sober Living Homes so that only one building shall contain such facilities, whether operated by Sober Living or any other person or entity, Is located either on a block in the City or across a bordering street. To facilitate transfers of properties to attain or maintain this "one building per block' standard, Sober Living may, for not more than 120 days, hold leases for two properties on one block If the properties are involved In a Facility transfer. For purposes of this Agreement, a block Is an area bounded by four streets (not alleys). 6. Except as provided in Section AJ. 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 12-26 Zoning Agreement any other person or entity, either on the Mock to which the facility Is relocated or across a bordering street, 7. Notwithstanding the provisions of Section A.5 above, Sober Living may continue to operate Facilities at the following addresses during the term of this Agreement: C 912 40th Street and 3960-3980 Seashore (on the same block); e 122 45th Street and 4500-4504 Seashore(across a bordering street); V 6110 Oceanfront and 6111 Ocean Front (across a bordering streettalley); and • 4711 Seashore and either 4800 Seashore or 4816 Seashore (across a bordering street and down a block). 8. Sober Living shall not establish any Facility pursuant to Section 4 of this Exhibit B unless and. until Sober Living has fully and timely compiled with the relocation requirements set forth in Section 6 of this Exhibit B. 9. Sober Living shall not establish or operate a Facility on a parcel of property which has a lot line located within 1,000 feet of any NMUSD elementary school or the large commercial State -licensed day care facility listed on Exhibit 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. criteria: During the term hereof, Sober Living shall comply with all of the following operational 1. Sober Living shall not provide any services to or house any parolee or parolees from the California Department of Corrections or its equivalent In any other State or the Federal Bureau of Prisons In any of Its Facilities located In the City. 2, Any and all medical waste generated through the operation of a Sober Living Homes or Licensed Facility shall be disposed of in accordance with all laws and best Industry standards and practices. 3. Sober Living shall comply with City code provisions pertaining to trash enclosures at 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; An active smoking cossallon program made available to all clients; 12-27 zoning Agreement (b) Apply a policy directing clients or residents to avoid littering cigarette butts on the ground, floor, deck, sidewalk, gutter, or street. (c) 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 all City code provisions requiring off street parking in residential zones. 6. Sober Living shall establish, provide public notice of and continuously operate a 24 hour per day hotline for receiving Inquiries and/or complaints in reference to its operation of Its Facilities in the City. 7. Sober Living shall apply the following Quiet Hours to its patients, clients and customers occupying beds in all Facilities which Sober Living operates In the City. During these Quiet Hours, all residents will be inside except during emergencies; • Sunday through Thursday- 10 pm to 7 am; • Friday through Saturday -11 pm to 7 am. 8. Sober Living shall use good faith efforts to Implement the Route Plans for transport of Its staff, residents, clients and customers which Sober Living submitted to the City as part of Its applications for Use Permits on file with City's staff as of July, 2008. A true and correct copy of those Route Plans are attached as Exhibit F. Short-term Interruptions, such as medical emergencies or street maintenance which are beyond Sober Living's control, are allowable modifications to the Route Pians, 9. Sober Living shall accept deliveries of goods and services to the Residential Gare Facilities which It operates In the City only during customary times for such deliveries of goods and services to occur in residential areas of the City and In accordance with any City regulation adopted which controls times for such deliveries on a ellywide basls applicable to all residential properties. 10. Sober Living shall participate in the activities of any stakeholder committee or group established by the City to address complaints and concerns of residents of the City regarding the operation of Residential Care Facilities in the Clty= 11. Sober Living shall maintain its present policy not to allow more than two (2) clients per bedroom in the facilities unless the size of the structure warrants a larger occupancy for any single bedroom. C. General Constraints on Regulation. 1. Most Favored [Nation. If the City enters Into an agreement with any operator of a Sober Living Home or Licensed Facility In the City which, includes one or more of the below three provisions and provides a materially more favorable regulatory treatment to that operator than is afforded to Sober Living hereunder, the more favorable regulatory provision or provisions shall then apply to Sober Living and shall be deemed to supersede any conflicting provision or provisions contained In this Zoning Agreement. Approvals within the Group Residential Uses 12-28 Zonlno 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 day care that Is less than for SLBTS under the terms of this Agreement. 2. The City shall respect and adhere to the exemption In California Health and Safety Code §11834.23 that dlreots 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 exemptlon 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. 12-29 Exhibit e zoning Agreement 2811 Viiia Way -Lotter CITY OF NEWPORT BEACH IPLANt1 UM DEPMTMENT Patricia L. ,Temple, Director August 25, 2006 Bill Swiney Sober Living by the Sea 2811 Villa Way Newport Beach, California 92663 RE., Sober living by the Sea — 2809, 2811, 2813 Villa Way, Newport Beach Dear Bill: I am In recelpt 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 2009-2813 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 d, 2006 ("Plans!), must be reduced so that the maximum occupancy for this room Is approximately 20 persons. Two cubicle type offices, the design of which will need to be approved by the Planning Director In writing, will need to be constructed In the large conference room. 2. The "small conference room," designated on the Plans, must be reduced so that the maximum occupancy for this room is approximately 20 persons. A wall will need to be constructed across the back of the small conference room, as indicated on the marked up Plans which are attached hereto. The construction of the wall must comply with all laws and regulations Including, but not limited to, the Building Code. 3. A revised set of plans showing the wail in the small conference room and the uses for each area of the property will need to be submitted to and approved In writing by the Planning Director, After approval of the Plans, Sober Living'must use each of the areas for the designated use and obtain the Planning Director's approval In writing prior to, any change In use. 4. The area designated as the "covered patio," and other outdoor areas, designated on the Plans may not be used by Sober Living clients except as provided hereafter. Clients attending meetings scheduled at the Sober living- Facility may assemble In the covered 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 - moat 010ce Box 1768 . Newport Beach, 04romia 92868-8929 Telephone: (949) 644-3200 - Pax: (949) 641-3229 • www, city. newport-beach.ca.us 12-30 outdoor area, for more than 10 minutes after a meeting ("Clients Transported by Van'), Between the hours of 1,00 p.m. and 3:00 p.m., clients that Clients Transported by Van may be dropped back off at the Sober Living Facility provided that they: (a) do not arrive at the Sober Living Facility more than 10 minutes before their next scheduled meeting; or (b) that they disperse within 10 minutes after being dropped off at the Sober Living . ........_...Facility.. .. .. .. 6. An average of 10 meetings per week may be held at the Sober Living Facility. However, no more than 12 meetings may be held In any one week and no more than 20 people may attend any meeting. Up to two meetings may be held concurrently. The basis for determining the average number of meetings will be based on a 4 week period. On an ongoing basis, Sober Living will maintain records for the past 12 month period that document the number of meetings held per week and the number of persons In attendance. These records will be verified by a representative of Sober Living and will be made available to the planning Director upon request. 6. No client enrolled in any of the Sober Living programs that meet at the Sober Living Facility will be allowed to operate a motor vehicle. 7. All large meetings, In excess of 20 persons, will be held at some other location (any other locations used in the City shall be approved for large assembly use). 8. - The hours of operation for conducting meetings and pinking up prescriptions at the Sober Living Facility will be from 6:30 a.m. to 8:30 p.m. Clients picking up or consuming prescription medicine at the Sober Living Facility will be required to leave the Sober Living Facility within 10 minutes after they have picked up or consumed their medication. 9. Any nurse at the Sober Living Facility shall only be on site Monday through Friday from'7:00 am to 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. Except as provided herein, clients will not be allowed to assemble at the Sober Living Facility for the purpose of being transported to any other location. 12. Sober Living will provide and maintain 13 off-site parking spaces at the lot directly across the street from the Sober Living Facility and will park vehicles associated with the Sober Living Facility at the lot rather than on City streets or public parking lots. For Instance, Sober Living currently uses six vans, These vans would be parked on the lot rather than on City streets In the surrounding neighborhood or the City parking lot. 13. Sober Living will direct clients and ensure that clients riding bines to the Sober living Facility access the facility by a route approved by the planning Director in wriiing. 1.4. Sober living will provide trash and cigarette disposal containers and inform their clients that they are not to dispose of lifter on City streets or adjoining properties. 12-31 In summary, If Sober Living operated in conformance with the foregoing conditions, it would be my determination that Sober Llving would not be defined as "social club", However, please be advised that It is my opinion that any deviation from the foregoing conditions or any additional assembly at the Sober Living Facility would change the _....._M -category of use: Please contact me at your earliest convenience so we can discuss a timeline for Sober Living to Implement the foregoing changes, Simply put, I cannot make a determination that Sober Living is operating in confon-nance with the Municipal Code until the above - referenced changes have been made. Further, as a condition to making my determination that a use permit Is no longer required, Sober Living will need to wilhdraw its appeal without prejudice. I appreciate your continuing assistance In this matter Very truly yours, U Patricia L. Temple, Pin nnIng Director for the City of Newport Beach cc: Aaron C. Harp, Assistant City Attorney Dennis O'Neil, Esq, Enclosure: Modified Plans 12-32 • . _ .- - - - - rte. � . .err•• .n �..s,,r ry+n..nc. .,. .;.. DM SXC 2=2M"x. i�Yi FN'P/ [Ywr[ �,�► Yi ri�Y l� �.T tiM.!�Qri u.a iftk� I � 1 12-33 Zoning Agreement Exhibit D Depiction and Description of "Peninsula Zone" Depiction of Peninsula Zane: The lands withln 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 €gland; and • The land southerly of a line extending along the Federal Navigational Channel between Newport Boulevard and the Newport Harbor Jetty, known as the Balboa Peninsula, Lido Peninsula, Lido Isle, Bay Island, and Cannery Village; and • Southward on Newport Boulevard about 60 feet to Lower Newport Bay; and All lands southerly of Lower Newport Bay between Newport Boulevard down the Federal Navigational Channel within the Lower Bay, inclusive of Lido Isle and Bay Island and Inclusive of the Balboa Peninsula, 12-34 zoning Agreement Exhibit E Specific barge DSS -Licensed bay Care FacJ1111 s -- Peninsula zone Faclffty No: 300000193 Capacity: 0044 CHRIST CHURCH BY THE SEA CHILDREN'S CENTER 9400 WEST BALBOA BOULEVARD NEWPORT BEACH, CA 12-35 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. 12-36 381 2i]�215 7 14- 711 Zoning Agreement -116 34" Street, A & B The primary route of travel between Sober Living by the Sea's adminis#rative oifioes In Cannery Village (2811 Villa Way) and these residential dwelling units Is 32nd Street, Balboa Boulevard, 34th Street, and Seashore Drive. 12-38 I 505 2911 Street U, IT. SeTtl ST Zoning Agreement 12-39 .3 The primary route of travel between Saber UvIng by the Sea's administrative offices In Cannery Village (2811 ling units is Lafayette, 29111 Villa Way) and these residential dwelling Street, and Villa Way. 12-39 112 4dh Street, Units A and B 3960-3980 Seashore Drive #8133 \r ' ! f I 44%4404 .s 131 130 �tiisz 4401 � iai • 123, i0 Zoning Agreement #9 ze\ W 4.\ 2fna` 04 ` „W ii�11' i� ixo ite; The primary route of travel between Sober Living by the Sea's administrative offices in Cannery Village (2811 Villa Way) and these residential dwelling units is along Balboa Boulevard, Seashore, and 32"d Street. 12-40 Zoning Agreement 4816 Seashore 4711 Seashore The primary route of travel between Sober Living by the Sea's administrative offices in Cannery Village (28'11 Villa Way) and these residential dwelling units is along Balboa Boulevard, 46' Street, Seashore, 51 *5t Street, and River Avenue. 12-41 Zoning Agreement 5101 River 5004 Neptune, A & B The primary route of travel between Sober Living by the Sea's administrative offices in Cannery Village (2811 Villa -Way) and these residential dwelling units Is along Balboa Boulevard, Fliver Avenue, 501h Street, Neptune, and 51st Street. 12-42 6111 Seashore 6114 West Ocean Front Zoning Agreement The primary route of travel. between Sober living by the Sea's administrative offices In Cannery Village (2811 Villa Way) and these residential dwellly units Is, along Newport Boulevard, Coast Highway, Prospect, Ocean Front Alley W, 62 Street, and Seashore. 12-43 Exhibit a Compliance Report Template (pate Report Submitted) This form covers the period of (month, day) through (month, day), 20..,.,,,.,. During the above period, Sober Living by the Sea'managed or controlled the following facilities In Nowport Beach: 12-44 Attachment C Zoning Agreement Administration Protocol Memorandum 12-45 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 laving by the Sea ("SI -STS"), Morningside Recovery ("Morningside"), and any other Drug and Alcohol Recovery Facility operator with which such an agreement may be entered (collectively "Operators). 1.0 Inspectio_n Protocol 1.1 Operators shall submit to the City's Code Enforcement Division ("CED") the Compliance Review Report ("Report") shown as an exhibit to Operator's Zoning Agreement, at the times required under Operator's Zoning Agreement. At the same time, Operators shall also submit the name, phone number, and e-mail of its staff member(s) designated to join any Inspection ("Operator Staff Member"). 1.2 On a quarterly basis, CED shall submit the list of each Operator's facilities to the Police Department for verification that each Operator is in compliance with the terms of Operator's Zoning Agreement that relate to parolees and probationers, and the prohibition on Parolee -Probationer Homes as defined by Newport Beach Municipal Code Section 20.05.030, 1.3 On a quarterly basis, CED shall select up to four (4) facilities on the list to verify the client count and client bed count through an onsite Inspection during a weekday. 12-46 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. 12-47 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.t) racility Relocation City staff Is responsible for administering more than one zoning Agreement with Drug and Alcohol Recovery f=acility operators, and Is also responsible for advising residential care facility operators who may apply for use permits and reasonable accommodations in the proximity of other such uses. In order to perform these functions, staff must be aware of the location of such facilities. For this reason, and to provide Operator with assurance that any new facility location they are considering is not located in the same block as any other residential care facility, Operator shall notify the City of planned relocations, and planned facility closures prior to relocating or opening any new facility. Operator shall make best efforts to notify the City of facility closures as close to the date of closure as possible. CONCLUSION This protocol shall be executed In a fair and reasonable manner calculated to preserve the residential neighborhoods in which Drug and Alcohol Recovery Facilities are located and to protect the rights of the disabled to obtain housing and recovery facilities within the community. • j Cc: David Kiff, City Manager Jim Campbell, Planning Director rA09-044171- JB & MC from DRH re Z4 Admin Protocol 12-48 Attachment D Lafayette Offices Matrix 12-49 12-50 Zoning Agreement with Sober Living by the Sea - 2805 Villa Way, 2800 Lafayette - 2018 Compliance Report Condition Category Specific Requirements Compliance Review Date Result Complaints Notes Zoning Compliance letter issued by the Office Use at 2800 Lafayette Community 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 thatSLBTS 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 thatSLBTS is in compliance with this requirement. 3. Client congregation Prohibited and clients not permitted to assemble for City staff requested and received assurances from SLBTS that transportation In compliance. SLBTS is in compliance with this requirement. 3. Other staff 2 staff may be onsite until 11:00 p.m. to receive calls In compliance. City staff requested and received assurances from SLBTS thatSLBTS 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 2805 Villa Way Parking Lot Provide 13 spaces used for vehicle parking and storage by landscaping approved In compliance. parking 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. No longer utilizing bike racks or meeting facility. 1. Bike Racks Bike racks allowed to be maintained behind meeting facility at In compliance. 2809 Villa Way. 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 06/12/13. 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 Final City approval In compliance. which was reviewed and approved with the re -striping of the parking by the Community Development Department 06/12/13. 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 Planning Director -approved route Planning Division plan; 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 thatSLBTS is in compliance with this requirement. Appeal of use permit denial withdrawn Appeal withdrawal a required condition to Planning Director's without Dreiudice finding that use permit no longer needed SLBTS must apply for use permit for Villa Way lodge/social "Any deviation from the foregoing conditions or any additional Remedy for Violations club uses; City may use general police powers to obtain assembly at the Sober Living Facility would change the category of compliance with use permit requirement use." 08/25/06 Planning Director's letter 12-50 Attachment E SLBTS Compliance Reports 12-51 Exhibit G Sober Living by the Sea Bi -Annual Compliance Review Report Date Report Submitted: 9/20/2018 This report covers from June 1, 2017 to December 2017 During this time period Sober Living by the Sea (SLBTS) made good faith efforts to manage or control the following facilities in Newport Beach in accordance with the operational regulations specified in Exhibit B of the Zoning Implementation and Public Benefit Agreement: SLBTS FACILITIES 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 1 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: 43 Submitted by: Danielle Farnsworth 12-52 Exhibit G Sober Living by the Sea Bi -Annual Compliance Review Report Date Report Submitted: 06/2018 This report covers from January 2018 to June 2018 During this time period Sober Living by the Sea (SLBTS) made good faith efforts to manage or control the following facilities in Newport Beach in accordance with the operational regulations specified in Exhibit B of the Zoning Implementation and Public Benefit Agreement: SLBTS FACILITIES 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 1 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: 43 Submitted by: Danielle Farnsworth 12-53 Attachment F Code Enforcement Inspection Reports 12-54 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 II Date: June 28, 2018 Re: Sober Living by the Sea — Zoning Agreement Compliance Inspection On June 25, 2018, 1 inspected the exterior for all Sober Living by the Sea ("SLBTS") facilities, all facilities were clean and no violations found. On June 28, 2018, 1 inspected the following Sober Living by the Sea ("SLBTS") facilities: 5004 Neptune Ave. 4711 Seashore Ave, 6111 Seashore and 6110 West Ocean Front. The purpose of the inspections was to verify the accuracy of the bed counts for the respective facilities as disclosed in the Compliance Review Report ("Report") dated January 9, 2015, and to verify that each facility is in compliance with the operational regulations outlined in Exhibit B to the Zoning Agreement ("ZX). SLBTS is approved to have 204 client beds (total) within the City, including 156 client beds in the "Peninsula Zone." The restrictions on the total number of client beds within the City are located in Section A, Exhibit B to the ZA. According to the Report, there are 64 beds on the Balboa Peninsula and 6 beds off the Peninsula for a total of 70 beds. As required by the Zoning Administration Protocol dated October 29, 2010, and Condition No. 14 of the ZA, SLBTS was notified approximately four hours in advance of the time of the inspection and the facilities to be inspected. 5004 Neptune Ave This location is a licensed, male only facility. Facility Name: Landing 2 Bed Count: 1 I Page 12-55 Unit A Bedroom 1: 2 beds Bedroom 2: 2 beds Bedroom 3: 2 beds Facility Total: 6 beds Unit B (5004 Neatune Ave There were a total of four (4) bedrooms in this unit. One bedroom was used by staff member John Torres who lives on site full time. Bedroom 1: 1 bed Bedroom 2: 2 beds Bedroom 3: 2 beds Bedroom 4: 2 beds Facility Total: 6 beds Medical Waste: There is no medical waste generated at this facility. Secondhand smoke/Cigarettes: No cigarette butts were observed in the street or around the property. All smoking areas were clearly marked and had cigarette receptacles. The City has received no complaints regarding secondhand smoke or discarded cigarettes at this location. Off -Street Parking: There are two covered (garage) parking spaces for this property. Both spaces were clear and accessible for parking as required by NBMC section 20.40.030(8). Trash/Trash Cans: The exterior of the property was clean and well-maintained. The refuse containers for the facility were covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A). Complaints: There were no complaints filed with the City during this review period 4711 Seashore Drive This location is a licensed, male only facility. 2 1 P a g e 12-56 Facility Name: The Landing Bed Count: Unit A First Floor Bedroom 1: Office Second Floor Bedroom 1: 2 beds Bedroom 2: 2 beds Bedroom 3: 2 beds Facility Total: 6 beds Unit B (4711 '/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(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. 3 1 P a g e 12-57 6110 W. Ocean Front Drive This location is a licensed, female only facility. Facility Name: The Rose (Phase 2) Bed Count: First Floor Office Second Floor Bedroom 1: 4 beds Bedroom 2: 2 beds Bedroom 3: Office Facility Total: 6 beds Medical Waste: There is no medical waste generated at this facility. Secondhand smoke/Cigarettes: No cigarette butts were observed in the street or around the property. The City has received complaints regarding secondhand smoke at this location as outlined below. Off -Street Parking: There are two covered (garage) parking spaces for this property. All spaces were clear and accessible for parking as required by NBMC section 20.40.030(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. 6111 Seashore Dr This location is a licensed, female only facility Facility Name: The Rose (Phase 1) 4 1 P a g e 12-58 Bed Count First Floor Bedroom 1: Office Bedroom 2: 2 beds Second Floor Bedroom 1: 1 beds Bedroom 2: 1 bed Bedroom 3: 2 beds Facility Total: 6 beds Medical Waste: There is no medical waste generated at this facility. Secondhand smoke/Cigarettes: No cigarette butts were observed in the street or around the property. All smoking areas were clearly marked and had cigarette receptacles. The City has received no complaints regarding secondhand smoke or discarded cigarettes at this location. Off -Street Parking: There are two covered parking spaces for this property. All the parking spaces were clear and accessible for parking as required by Newport Beach Municipal Code ("NBMC") section 20.40.030(8). Trash/Trash Cans: The exterior of the property was clean and well-maintained. The refuse containers for the facility were covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A). Complaints: There were no complaints filed with the City during this review period. Findings Overall, all the facilities were clean and free of accumulated trash and rubbish around the property. Refuse containers were stored in compliance with NBMC section 6.04.150(A). Cigarette butts were not observed in the street, alley, sidewalks or gutters near the facilities. At all of its facilities, SLBTS has posted a Good Neighbor Policy and a Code of Conduct in a public place. These policies establish a code of conduct for residents and staff and require that clients be 5 1 P a g e 12-59 respectful of each other and the community. Additionally, the use of inappropriate language, littering, aggressive behavior, and the improper disposal of cigarette butts is prohibited. A copy of this report will be forwarded to the City Attorney's Office and the Planning Division. 6 1 P a g e 12-60 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, Acting Code Enforcement Supervisor Date: September 28, 2018 Re: Sober Living by the Sea — Zoning Agreement Compliance Inspection On September 25, 2018, 1 inspected the exterior for all Sober Living by the Sea ("SLBTS") facilities, all facilities were clean and no violations found. On September 28, 2018, 1 inspected the following Sober Living by the Sea ("SLBTS") facilities: 4138 Patrice Ave, 4142 Patrice Ave, 4711 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 ("ZK). 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. Facility Name: Detox Director of Nursing: Justin Gatfield Bed Count: First Floor 1 I Page 12-61 Bedroom 1: 2 beds Second Floor Bedroom 1: 2 bed Bedroom 2: 2 bed Bedroom 3: Office Bedroom 4: Office Facility Total: 6 beds Medical Waste: There is no medical waste generated at this facility. Secondhand smoke/Cigarettes: No cigarette butts were observed in the street or around the property. All smoking areas were clearly marked and had cigarette receptacles. The City has received no complaints regarding secondhand smoke or discarded cigarettes at this location. Off -Street Parking: There are two covered (garage) parking spaces for this property. All spaces were clear and accessible for parking as required by NBMC section 20.40.030(8). Trash/Trash Cans: The exterior of the property was clean and well-maintained. The refuse containers for the facility were covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A). Complaints: There were no complaints filed with the City during this review period. 4142 Patrice Ave This location is a licensed female only facility. Facility Name: Rose 3 This location has a total of five bedrooms. The bedroom on the first floor is occupied by Deborah St. Clair (staff member) who lives on site full time. First Floor Bedroom 1: 1 Bed used by house parent Deborah St. Clair Second Floor Bedroom 1: 2 beds 2 1 P a g e 12-62 Bedroom 2: 2 beds Bedroom 3: 1 bed Bedroom 4: 1 bed Facility Total: 6 Beds Medical Waste: There is no medical waste generated at this facility. Secondhand smoke/Cigarettes: No cigarette butts were observed in the street or around the property. All smoking areas were clearly marked and had cigarette receptacles. The City has received no complaints regarding secondhand smoke or discarded cigarettes at this location. Off -Street Parking: There are two covered parking spaces for this property. Both spaces were clear and accessible for parking as required by NBMC section 20.40.030(8). Trash/Trash Cans: The exterior of the property was clean and well-maintained. The refuse containers for the facility were covered with lids and stored in the side yard in compliance with NBMC section 6.04.150(A). Complaints: There were no complaints filed with the City during this review period 4711 Seashore Drive This location is a licensed, male only facility. Facility Name: The Landing Bed Count: Unit A First Floor Bedroom 1: Office Second Floor Bedroom 1: 2 beds Bedroom 2: 2 beds Bedroom 3: 2 beds 3 1 P a g e 12-63 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(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 Facility Name: The Rose (Phase 2) Bed Count Mrc4 Mn r Bedroom 1: Office 4 1 P a g e 12-64 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(8). Trash/Trash Cans: The exterior of the property was clean and well-maintained. The refuse containers for the facility were covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A). Complaints: There were no complaints filed with the City during this review period. Findings 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 Planning Division 5 1 P a g e 12-65 Attachment G SLBTS Compliance Matrices: Overall Compliance Matrix and Individual Facilities Matrices 12-66 SLBTS Zoning Agreement - 2017-2018 Category Specific Requiremen�......�7ectio Result Complaints to NBPD or Code Notes EnforcementCondition Facility address: 4711 and 4711 1/2 Seashore, (6 Interior - 06/28/18 & 09/28/18 client beds at 4711, 2 client beds at 4711 1/2 Exterior- 6/25/18 & 9/25/18 11/28/17 - PD assist with client This facility OPEN as of 10/1/10. since 9/1/10. Except 156 beds in Peninsula Zone and Lido Island, Facilities outside Peninsula Zone This facility located in all facilities located in MFR located in MFR only. Peninsula Zone New facilities opened after effective date - one Block is area bounded by four facility per block, or across bordering street streets, not alleys. Ordinance Effective Date 05/12/09 118 45th St. or 122 45th St. - BOTH CLOSED Dispersal - disperse to one facility per block Win 30 Dispersal Date: 11/12/11 Exceptions not required to 307 1/2 34th St. or 309 1/2 34th St -BOTH CLOSED months of effective date of ordinance adopting disperse: 112 40 th St. and 3960- Exception under ZA - no 4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27110 agreement. Four exceptions under DA may remain 3980 Seashore; 122 45th St. and dispersal required Win same block. 4500-4504 Seashore; 6110 Oceanfront and 6111 Ocean Front; 4711 Seashore and either 4800 Seashore or 4816 Seashore No new facility established outside Peninsula Zone In compliance. Dispersal of until dispersal completed. final location complete 12/27/10. No facility within 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 parolee checks SLBTS reports no parolees at any SLBTS address. Parolees and government referrals prohibited, government referrals 01/28110, 04/29110, 07/29110, /10,perf04 2 In compliance NBPD reports no parolees at any SLBTS facility as of 02/01/11. prohibited. Other 09/30/10, 10/21/10 & 02/01/11. 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 09/20/2017 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 09/20/2017 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; Interior - 09/20/17 has been created to found under #4 in Attachment A: A. SLBTS Secondhand smoke direct clients not to litter with Exterior - 05/09/17 & 09/07/17 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 09/20/2017 In compliance with action for off-street parking taken to address complaint. 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 09/20/2017 2 per bedroom or less single bedroom Reporting Frequency Semi annually; by December 31 Compliance reports submitted In compliance and June 30 09/27/17 12-67 12-68 Agreement with Sober Living by the Sea - Overall Operations 201�� ComplaintsZoning Condition Category Specific Requirements Inspection Date and Location 4 facilities inspected 06/28/18 (5004 Neptune Result Enforcement Ave., 4711 Seashore Ave., 6111 Seashore Dr., Semi-annual compliance No more than 204 Citywide, Peninsula no more than and 6110 W. Ocean Front) ; 4 facilities reports consistently Interior inspections in June and September showed bed counts consistent with Client bed limit 156 inspected 09/28/18 (4138 Patrice Ave.,4142 showed bed counts under counts reported by SLBTS. Patrice Ave., 4711 Seashore Ave., and 6110 limits citywide and in Ocean Front); External inspection of all facilities Peninsula Zone 06/25/18 and 09/25/18 Lido Isle limit No more than 12 beds on Lido Isle In compliance SLBTS Lido Isle facilities closed 07/31/10 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 Rd. outside Peninsula Lido Isle, all facilities located in MFR Zone. The property is zoned Multi -Unit Residential. New facilities opened after effective date New facility established September 2013 at 4142 Patrice Rd. 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: 05/12/09 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 w/in Seashore; 6110 W. Ocean Front and 6111 W. Ocean completed 12/27/10. 307 1/2 34th St. or 309 1/2 34th St. - BOTH CLOSED same block. Front; 4711 Seashore and either 4800 Seashore or 4816 Seashore 4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27/10. No new facility established outside Peninsula Zone until dispersal In compliance Dispersal completed as of 12/27/10 completed. Proximity to schools, large day care No facility within 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 NBPD performed parolee checks 01/28/10, SLBTS reports no parolees at any SLBTS address. Parolees and government referrals prohibited, government referrals prohibited. Other 04/29/10, 07/29/10, 09/30/10, 10/21/10 & In compliance NBPD reports no parolees at any SLBTS facility as of 02/01/11. Effective Feb. parolee/probationers - 1 per dwelling unit allowed 02/01/11. 2011, NBPD requests they be asked to supply this information only for criminal law enforcement purposes. Interior inspections 05/11/17 & 9/20/17 . 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 Secondhand smoke properties; direct clients not to litter with tobacco 05/11/17 & 09/20/17. In compliance products or violate smoking prohibitions Off-street parking Comply with NBMC requirements for off-street parking Inspected at 8 facilities interior inspections In compliance. 05/01/17 & 09/20/17. Required staffing 24-hour hotline for complaints In compliance 24 -Hour Complaint Hotline - (949) 554-1147 Quiet hours, all residents inside: Sun - Quiet hours Thurs: 10 p.m. - 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 05/01/17 & 09/20/17. In compliance with terms Re -location of offices to 2800 Lafayette provides the minimum 13 off-street 2811 Villa Way meeting facility Comply with terms of 08/25/06 letter of letter. parking spaces for SLBTS vehicles and found compliant with Zoning Agreement. Meeting facilities are no longer utilized at 2809 or 2811 Villa Way. Reporting Frequency Semi annually; by December 31 and June 30 Compliance report submitted 09/27/17 In compliance Remedies for Violations Specific performance, general police powers 12-68 12-69 SLBTS Zoning Agree Annual Compliance - Individual Facilities Condition Category Specific Requirements Inspection Date Result Complaints to NBPD or Enforcement Notes Facility address: 5004 Neptune A&B (6 client beds in Interior - 06/28/18 None A, 6 client beds in B) Exterior - 06/25/18 & 09/25/18 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: 05/12/09 118 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 w/in 4504 Seashore; 6110 Ocean Front 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 within 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 02/01/11. a Parolees and government referrals government referrals prohibited. 01/28/10, 04/29/10, 07/29/10, In compliance Effective Feb. 2011, NBPD requests they asked to supply this Other parolee/probationers - 1 per 09/30/10, 10/21/10 & 02/01/11 information for criminal law enforcement purposes only. dwelling unit allowed Medical waste disposal Disposed of in accordance with law 09/20/2017 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 - 09/20/17 In compliance provisions Exterior - 05/09/17 & 09/07/17 Good faith effort to prevent smoke affecting neighboring properties; No complaints received, no Secondhand smoke direct clients not to litter with 05/09/17, 09/07/17, & 09/20/17 smoke or related litter observed tobacco products or violate smoking prohibitions Off-street parking Comply with NBMC requirements 09/20/2017 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 09/20/2017 2 clients per bedrooms or fewer Consistent with provisions of ZA single bedroom Reporting Frequency Semiannually; by December 31 Compliance report submitted In compliance and June 30 09/27/17 12-69 Condition Category reement - 2017-2018 S Inspection Date Annual Compliance Result - Individual Facilities Complaints to NBPD or Enforcement Facility address: 6110 W. Ocean Front (6 client beds) Interior - 06/28/18 & 09/28/18 Exterior - 06/25/18 & 09/25/18 None This facility OPEN as of 10/1/10 Except 156 beds in Peninsula Zone and Lido Island, all Facilities outside Peninsula Zane 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 : 05/12/09 118 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 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 within 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. 01/28/10, 04/29/10, 07/29/10, In compliance NBPD reports no parolees at any SLBTS facility as of 02/01/11. Effective Other parolee/probationers - 1 per 09/30/10, 10/21/10 & 02/01/11. Feb. 2011, NBPD requests they be asked to supply this information for dwellinq unit allowed criminal law enforcement purposes only. Medical waste disposal Disposed of in accordance with law Inspection 05/11/17 & 09/20/17 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 05109/17 & 09/07/17 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 05/09/17, 05/11/17, No complaints received, no smoke Installed cigarette receptacles at all facilities and have designated areas for products or violate smoking 09/07/17 & 09/20/17 or related litter observed smoking prohibitions Off-street parking Comply with NBMC requirements for Inspection 05/11/17 & 09/20/17 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 05/11/17 & 09/20/17 2 beds per bedroom or less single bedroom Reporting Frequency Semi annually; by December 31 and Compliance reports submitted In compliance June 30 09/27/17 12-70 12-71 . .. - 1-9 Facility address: 6111 Seashore (6 client beds) Interior - 06/28/18 Exterior - 06/25/18 & 09/25/18 11/10/17 - PD assist with client This facility OPEN as of 10/01/10 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 05/12/09 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 Win same block. 4500-4504 Seashore; 6110 Oceanfront and 6111 Ocean Front; 4711 Seashore and either 4800 Seashore or 4816 Seashore No new facility established outside Peninsula Zone In compliance. Dispersal of final until dispersal completed. location complete 12/27/10. No facility within 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 01/28/10, 04/29/10, 07/29/10,In compliance NBPD reports no parolees at any SLBTS facility as of 02/01/11. prohibited. Other 09130/10, 10121/10 and 02/011/11 1. 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 05/11/17 & 09/20/17 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 05/09/17 & 09/20/17 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; Inspection Interior- 05/11/17 & No complaints received, no Installed cigarette receptacles at all facilities and have designated Secondhand smoke direct clients not to litter with 09/20/17 smoke or related litter observed areas for smoking tobacco products or violate Exterior - 05/09/17 & 09/20/17 smoking prohibitions Off-street parking Comply with NBMC requirements Inspection 05/11/17 & 09/20/17 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 05/11/17 & 09/20/17 2 beds per bedroom or less single bedroom Reporting Frequency Semi annually; by December 31 and Compliance report submitted In compliance June 30 09/27/17 12-71 SLBTS Zoning Agreement - 2017-2018 Annual Compliance .. CJEEg.ry"'%&pe.ific Requirements Inspection Date Result Complaints tfflNBPD or Notes —A Code Enforcement Interior - 09/28/18 02/26/18 - keep the peace; Facility address: 4138 Patrice (6 client beds) Exterior - 06/25/18 & 09/25/18 03/27/18 - PD asisst with This facility OPEN as of 10/1/10 (opened 8/1/10) client 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 05/12/09 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 w/in 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 within 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 01128/10, 04129/10, 07129/10, Incompliance NBPD reports no parolees at any SLBTS facility as of 02/01/11. prohibited. Other 09/30/10,10/21/10 & 02/01/11. 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 05/11/2017 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 05/09/17 & 09/07/17 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 affecting neighboring properties; No complaints received, no Installed cigarette receptacles at all facilities and have designated Secondhand smoke direct clients not to litter with 05/11/17 & 09/20/17 smoke or related litter observed areas for smoking tobacco products or violate smoking prohibitions Off-street parking Comply with NBMC requirements 05/11/2017 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 05/11/2017 2 beds per bedroom or less single bedroom Reporting Frequency Semi annually; by December 31 Compliance report submitted In compliance and June 30 09/27/17 12-72 nr� � SLBTS Zoning Agreement - 2017-2018 Annual Compliance - Individual Facilities Condition Ca Specific Requirements PW or Notes Inspection Date MFW Code Enforcement Facility address: 4142 Patrice (6 client beds) Interior- 09/28/18 Exterior - 06/25/18 & 09/25/18 None This facility OPEN as of 10/01/10 (opened 8/01/10) 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 within 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 01128/10, 04129/10, 07129/10, Incompliance NBPD reports no parolees at any SLBTS facility as of 02/01/11. prohibited. Other 09/30/10,10/21/10 & 02/01/11. 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 05/11/2017 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 05/09/17 & 09/07/17 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 affecting neighboring properties; No complaints received, no Installed cigarette receptacles at all facilities and have designated Secondhand smoke direct clients not to litter with 05/11/17 & 09/20/17 smoke or related litter observed areas for smoking tobacco products or violate smoking prohibitions Off-street parking Comply with NBMC requirements 05/11/2017 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 05/11/2017 2 beds per bedroom or less single bedroom Reporting Frequency Semi annually; by December 31 1 Compliance report submitted In compliance and June 30 09/27/17 12-73 Attachment H Map of SLBTS Facilities — Open and Closed as of September 2018 12-74 Sober Living By the Sea Facilities O OPEN , CLOSED 1. 5004 Neptune Ave. A and B 1. 505 29th St. 2. 6110 Ocean Front W. 2. 116 34th St. A and B 3. 4138 Patrice Rd. 3. 307 1/2 34th St. 4. 4142 Patrice Rd. 4. 309 1/2 34th St. 5. 4711 and 4711 1/2 Seashore Dr. 5. 112 39th St. 6. 6111 Seashore Dr. 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 SLBTS_September 2014 COAST HWY iy ,� IV N —% v o= o -�� S 0 0.25 0.5 Miles O�I ] BALBO, 1=^ O WEST o � HWY 12-75 Attachment I Inventory of SLBTS Beds as of September 2018 12-76 SOBER LIVING BY THE SEA, INC. Inventory of Client Beds as of September 2018 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 Beds Sept. `17 Beds Sept. 18, 208 Vma Lido Sol 6 4 4 400 "'e -s 6 4 4 402 "'yes 6 4 4 505 29,'4 6 6 6 6 6 6 6* 446 A 34�'-&t-. 6 446 B 341k-�. 6 007 j4 34*4St-. 6 309 Y4 34'';St-. 6 425 39,';St-. 6 42-5 74 391' 6 442 A 401k-�. 0 2 442 B 40P -St-. 6 6 6 6 6 426 A 44''4 5 5 426 B 441' 4 4 464 A 4r4&-. 6 434 B 4r -St. 6 448 A 45�'4&-. 6 4 448 B 45�'4&-. 6 2- 422 422 A 451' 6 4 422 B 45''4 6 6 433 A 451'� 6 433 B 45�-St. 6 5004 A Neptune St. 6 6 6 6 6 6 6 6 6 6 6 5004 B Neptune St. 6 6 6 6 6 6 6 6 6 6 6 54$1- A tea. 6 4 6404 B o,,,�. 6 6 6 6 6 6 6* 39W Seashore Dr. 6 4 4 3980 Seashore Dr 6 6 6 6 6 6 4-5500 Seashore Dr. 6 4 4 4 4504 Seashore Dr 6 6 6 6 4711 Seashore Dr. 6 6 6 6 6 6 6 6 6 6 6 4711'/2 Seashore Dr. 2 2 2 2 2 2 1 1 12-77 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. 115 Beds Sept. `16 Beds Sept. `17 Beds Sept. 18' 4800 A Seashore DF; 6 4 4 4 6 6 4680 $ Seashore DF 6 6 6 5 5 5 rte* Seashore DF 6 6' 4 4 p84B pA 484-6 Seashore yr 6 6 6 6111 Seashore Dr. 6 6 6 6 6 6 6 6 6 6 6 6110 W. Ocean Front 6 6 6 6 6 6 6 6 6 6 6 4138 Patrice Rd. 6 6 6 6 6 6 6 6 4142 Patrice Rd. 6 6 6 6 6 —442 A&B 391'-st, 4-0 4$ 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 43 8 DU's 43 8 DU's (*closed March 2013) 12-78