HomeMy WebLinkAbout2024-4 - Approving the Termination of Development Agreement No. 2008-005 (Zoning Implementation and Public Benefit Agreement Between the City of Newport Beach and Sober Living by the Sea, Inc.) (PA2008-199)ORDINANCE NO. 2024-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING THE
TERMINATION OF DEVELOPMENT AGREEMENT NO.
2008-005 (ZONING IMPLEMENTATION AND PUBLIC
BENEFIT AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND SOBER LIVING BY THE SEA,
INC.) (PA2008-199)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, on February 10, 2009, the City Council adopted Ordinance No.
2009-4, authorizing a Zoning Implementation and Public Benefit Agreement ("Zoning
Agreement") by and between the City and Sober Living by the Sea, Inc., a California
corporation, that sets forth for the terms of Sober Living by the Sea's operation within
the City;
WHEREAS, pursuant to Section 12 of the Zoning Agreement, the Zoning
Agreement may be canceled in whole or in part only by mutual written and executed
consent of the parties in compliance with California Government Code Section 65868 and
the Newport Beach Municipal Code ("NBMC") Section 15.45.070 (Amendment/
Cancellation);
WHEREAS, on October 24, 2023, Sierra by the Sea submitted a formal request to
terminate the Zoning Agreement and requests the City and the Operator acknowledge and
agree the Zoning Agreement is cancelled;
WHEREAS, the Planning Commission held a public hearing on December 21,
2023, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of the
time, place, and purpose of the hearing was given in accordance with California
Government Code Section 54950 et seq. ("Ralph M. Brown Act"), California
Government Code Section 65867 and Chapter 15.45 (Development Agreements) of the
NBMC. Evidence, both written and oral, was presented to and considered by, the
Planning Commission at this hearing;
Ordinance No. 2024-4
Page 2 of 4
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2023-044 (6 ayes and 1 absent) recommending termination of the Zoning Agreement
to the City Council; and
WHEREAS, the City Council held a public hearing on February 13, 2024, in the
City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with the Ralph
M. Brown Act and Chapter 15.45 (Development Agreements) of the NBMC. Evidence,
both written and oral, was presented to, and considered by, the City Council at this
hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows..
Section 1: The Zoning Agreement which is attached hereto as Exhibit "A," and
incorporated herein by reference between the City of Newport Beach and Sober Living
by the Sea, Inc. shall be terminated.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Ordinance No. 2024-4
Page 3 of 4
Section 4: The City Council finds termination of the Zoning Agreement is not
subject to the California Environmental Quality Act ("CEQA") because it is not a project as
defined in Section 21065 of the Public Resources Code since it would not result in a
physical change to the environment. Additionally, termination of the Zoning Agreement
has been determined to be categorically exempt under the requirements of CEQA under
Section 15301 under Class 1 (Existing Facilities). Class 1 consists of the operation, repair,
maintenance, permitting, leasing, licensing, or minor alterations of existing structures and
facilities involving negligible or no expansion of the exiting or former use. The termination
of the Zoning Agreement will eliminate the Operator's right to utilize the existing residential
dwellings as residential care facilities, and the associated offices. The residential dwellings
and offices will remain; therefore, the termination does not involve an expansion of use
and qualifies under Class 1 (Existing Facilities). This activity is also covered by the general
rule that CEQA applies only to projects that have the potential for causing a significant
effect on the environment pursuant to Section 15061(b)(3) of the CEQA Guidelines. It can
be seen with certainty that there is no possibility that termination of the Zoning Agreement
will have a significant effect on the environment, and it is not subject to CEQA.
Section 5: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
Ordinance No. 2024-4
Page 4 of 4
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 13th day of February, 2024, and adopted on the 27th day
of February, 2024, by the following vote, to -wit:
AYES: Mayor O'Neill, Mayor Pro Tern Stapleton, Councilmember Avery,
Councilmember Blom, Councilmember, Grant, Councilmember Kleiman,
and Councilmember Weigand.
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
APPROVED AS TO FORM:
CITY A.TTORNEY'S OFFICE
AAIAON C. HAR CITY A TORNEY
Attachment(s): Exhibit A — Development Agreement No. 2008-005 (Zoning
Implementation and Public Benefit Agreement)
EXHIBIT "A"
DEVELOPMENT AGREEMENT NO. 2008-005
(ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT)
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Office of the City Attorney
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658
Recorded in Official Rocorda, Orange County
Tom Only, Clork-R000rdor
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2009000577876 01:49pm 10/23/09
216 28 Al2 31
0.00 0.00 0.88 0.00 0.00 0.00 0.00 0.00
[Exempt from Recordation Fee per Government Code Section 27383
CONFORMED OOPY
Not Compared with Original
ZONING IMPLEMENTATION
AND
PUBLIC BENEFIT AGREEMENT
zoning Agreement
ZONING IMPLEMENTATION
AND PUBLIC BENEFIT AGREEMENT
(Pursuant to Californla Government Code §§65864-65869.5)
This Zoning implementation and Public Benefit Agreement (the "Zoning Agreement") Is
entered into on September 30. 2009, by and between the CITY OF NEWPORT BEACH, a
charter city ("City') and SOBER LIVING BY THE SEA, INC., a CALIFORNIA CORPORATION,
COMPREHENSIVE ADDICTION PROGRAMS, INC., a Delaware Corporation, CRC HEALTH
CORPORATION, a Delaware Corporation, CRC HEALTH GROUP, INC., a Delaware
Corporation (collectively referred to as "Operator"). City and Operator and Operator's Affiliates
as herein defined, are sometimes collectively referred to In the Zoning Agreement as the
"Parties" and individually as a "Party."
RECITALS
A. The City Council horeby finds this zoning Agreement is consistent with
provisions of California Government Code §65867, and the City of Newport Beach Municipal
Code Chapter 15.45 and the City's General Plan.
B. On November 20, 2008. City's Planning Commission held a public hearing on
this Zoning Agreement, made findings and determinations with respect to this Zoning
Agreement, and recommended to the City Council that the City Council approve this Zoning
Agreement,
C. On January 27, 2009, the City Council also held a public hearing on this. Zoning
Agreement and considered the Planning Commission's recommendations and the testimony
and Information submitted by City staff, Operator and members of the public. On February 10,
2009, pursuant to the applicable state law (California Government Code §§65864-65869.5) and
local law (City of Newport Beach Municipal Code Chapter 15.45), the City Council passed Its
Ordinance No. 02 09.4 finding this Zoning Agreement to be consistent with the City of Newport
Beach-icarreral Plan and approving this zoning Agreement,
D. This Zoning Agreement allows Sober Living a vested right to: (i) operate 156
beds of recovery facilities within the area they are currently operating, and as more particularly
defined In Exhibit 0 attached (the "Peninsula Zone"); and (ii) up to an additional 48 beds
outslde-of the Peninsula Zone and within zones accommodating multi -family residential uses, in
compliance with the terms of this Zoning Agreement,
E. This Zoning Agreement also memorializes uses granted to and conditions agreed
to by Sober Living on August 25, 2006 regarding Its administrative offices at 2811 Villa Way
(Exhibit C attached hereto).
AGREEMENT
NOW, THEREFORE, City and Operator agree as follows;
1. Definitions. The following terms when used In this Zoning Agreement shall have
the meanings set forth below;
Zoning Agreement
A. "Affiliate" shall mean a person or entity that is directly or Indirectly controlled by
Operator.
B. "City Council" shall mean the governing body of City.
C. "Control" (including the terms "controlling," "controlled by," and "under common
control with") shall mean the possession, direct or indirect, of the power to direct or cause .the
direction of the management and policies of a person, whether through the ownership of voting
securities, by contract, or otherwise.
D. "Facility" (or "Facilities") is a residential unit used or occupied by persons in
recovery from alcoholism and or drug abuse. Facilities may be "Licensed Facilities" or "Sober
Living Homes." As used in this Agreement, all Facilities constitute "residential care facility" uses
within the context of the City's zoning ordinance,
E. "General Plan" shall mean City's 2006 General Plan adopted by the City Council
on July 25, 2006, by Resolution No. 2006-76. The Land Use Plan of the Land Use Element of
the General.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%Z , R-2 and multi•famlly residential ("MFR") and certain Specific Plan District zones within
City. "Property' Includes the rights to operate all of those properties as well as other properties
not presently identifiable which may be utilized by Operator as Facilities hereunder.
1. "Sober Living Homes" shall mean alcoholism and drug abuse recovery facilities
not licensed by ADP.
J. "Term" shall have the meaning ascribed In Section 11 of this Zoning Agreement.
2. Si niflcant Public Beneflt§. 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 Facilities,
E. Dispersal of Licensed Facilities and Sober Living Homes to reduce the concentration
thereof;
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Zoning Agreement
F. The placement of operational controls on said facilities to reduce perceived negative
Impacts on residential neighborhoods.
3. General Plan Consistency and Zoning implementation. This Zoning Agreement
and the regulations applied herein to the Property ("Applicable Regulations" hereinafter) will
cause City's zoning and other land use regulations for the Property to remain consistent with the
General Plan.
4, Warranties and RepLesentations. Roth parties represent that they have legal
authority to enter Into this zoning Agreement and the remainder of the agreements and
documents that comprise the settlement documents herein, and that the necessary
authorizations have been obtained, by resolution or other action, and that the persons whose
names appear as signatories below were authorized to accept this Zoning Agreement on behalf
of the Party under whose name they signed,
A. Each Party specifically represents and warrants that It has the legal authority to enter
Into a Zoning Agreement of the type and kind herein, and,
B. The City represents and warrants that this Zoning Agreement and the regulations
applied to the Property ('The Applicable Regulations") are:
I. Consistent with the General Plan for the City and any Specific Plans that apply to
the area in which any portion of the Property Is located, and
ii. 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 Properfy' Applicable Regulations, Other than as expressly set forth
in this Zoning Agreement, during the Term of this Zoning Agreement, the terms and conditions
concerning the operation of the Property, Including but not limited to the permitted uses and
density and Intensity of use and the location of buildings involved shall be those set forth In the
"Applicable Regulations" delineated in Exhibit B and as set forth in Section 6 below. During the
term of this Zoning Agreement, City shall not prevent operation of the Property that is In
compliance with the Applicable Regulations and all other applicable laws and regulations
specified In Section 9 hereof.
6. 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 26, 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
C except for Paragraph 12 relating to parking. City acknowledges Operator has been exercising
due dlllgenoe 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 606 29% Street, commonly known as
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Zoning Agreement
"The Victorian," is a legal nonconforming single family residence and shall be treated as a
Licensed Facility. In the event Ordinance No. 2008-6 Is repealed by action of the City Council
or the electorate or If said Ordinance is declared Invalid or unenforceable by a court of
competent Jurisdiction, then the Operator will no longer be bound by the provision of Paragraph
6 of Exhibit B as to the limit of one licensed Facility or Sober Living Home per block in the event
other operators open facilities on the same block,
7. police Power. in all respects not provided for in this Zoning Agreement, City
shall retain full rights to exercise City's 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 OR of Exhibit B to this Zoning Agreement,
8. No Conflicting Enactments; During the Term of this Zoning Agreement City shall
not apply to the Properly 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 gLAutborly. 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 govi to 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 Citywide or to all other
properties consistent with the provision of Section 02 of Exhibit B.
B, Consistent City Regulations. City ordinances, resolutions, regulations, and official
pollcles governing development and building which do not conflict with the Applicable
Regulations, or with the provisions of Section OR of Exhibit B where Operator has
consented in writing to the regulations, shall apply to the Property.
C. Public Health and Safety. Any City ordinance, regulation, rule, regulation, program,
or official policy, that Is necessary to protect persons on the Property or in the
immediate community from conditions dangerous to their health or safety shall apply
to the Property, consistent with Section C2 of Exhibit B.
10. No Agency, 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: Tenn, 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
Zoning Agreement
I. The 91st day following the City Council's passage of the ordinance approving this
Zoning Agreement, or
li. If a referendum or other elective challenge to the ordinance approving this
Zoning Agreement qualifies to be placed on the ballot, then on the 31st day after
the City Clerk certifies that the referendum or other elective challenge has failed
to pass, or
11i. 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 rio 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 dale of the
ordinance adopting this Zoning Agreement, or that date upon which it becomes clear
that there shall be no Effective Date, whichever is later, the Operator's use permit
process shalt be tolled, and the City shall not otherwise enforce the provisions of
Ordinance 2008-5.
12. Amendment or Cancellation of Zoning Agreement. Other than modifications of
this Zoning Agreement under Section 9C of this zoning Agreement, this zoning Agreement may
be amended or canceled In whole or in part only by mutual written and executed consent of the
Parties In compliance with Callfornla Government Code §66868 and City of Newport Beach
Municipal Code §15.45.060,
13. Enforcement. Unless amended or canceled as provided in Section 12 of this
Zoning Agreement, or modified or suspended pursuant to California Government Code
§65869.6, this zoning Agreement Is enforceable by either Party despite any change In any
applicable general or specific plan, zoning, subdivision, or building regulation or other applicable
ordinance or regulation adopted by City (Including by City's electorate) that purports to apply to
any or all of the Properly,
14. periodic Review of Com liiance. City and Operator shall each comply in good
faith with the terms of this Zoning Agreement. The Parties shall review this zoning Agreement
at least once every 12 months from the Effective Date for good faith compliance with its terms
consistent with California Government Code §65865 and §65866.1 and City of Newport Beach
Municipal Code §15.45.070. At the reviews, Operator shall demonstrate Its good faith
compliance with this Zoning Agreement and shall document the current'status of its operation.
Operator also agrees to furnish evidence of good faith compliance as City may require In the
reasonable exercise of Its discretion and after reasonable notice to Operator. On or before
December 31 and June 30 of each year during the Term of this Zoning Agreement, Sober living
shall submit a Compliance Review Report, whose template Is attached as Exhibit G. The
requirement of good faith compliance shall be met upon the submittal to the City of an accurate
form showing information relating to facility locations and bed counts. City shall have the right
to audit the accuracy of the form through on -site inspections of the Facilities at mutually -
agreeable times and during regular business hours.
5
Zoning Agreement
15. Events of Default.
A. Default by Operator, pursuant to California Government Code §66865.1, 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.
S. Default by City. if City has not complied with any of Its obligations and limitations
under this Zoning Agreement, Operator shall by written notice to City specify the manner in
which City has failed to comply and state the steps necessary for City to bring Itself Into
compliance. If City does not commence compliance within 30 days after receipt of the written
notice from Operator specifying the 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
equitable remedy as provided in Section 16.0 of this Zoning Agreement
C. Speciflc Performance and Damages Remedies. The Parties acknowledge that
remedies at law generally are inadequate and that specific performance is appropriate for the
enforcement of this Zoning Agreement, The remedy of specific performance or, In the
alternative, a writ of mandate, shall be the sole and exclusive remedy available to either Party in
the event of the default or alleged default by the other. Prior to exercising such a remedy, the
Party seeking to do so shall submit the matter to nonbinding arbitration through JAMS or
another arbitrator mutually acceptable.
D. Recovery of Legal Expenses by Prevailing Party in Any Action, In any judicial
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 Maleure. Neither Party shall be deemed to be in default where failure or
delay in performance of any of its obligations under this Zoning Agreement is caused, through
no fault of the Party whose performance is prevented or delayed, by'floods; earthquakes, other
acts of God, fires, war, riots or similar hostilities, strikes or other labor difficulties, state or federal
regulations, or court actions,
18. IhIrd Party Legal Challenge. If a third party brings a legal action challenging the
validity or enforceability of any provision of this Zoning Agreement or the Applicable Regulations
or the manner in which the ordinance approving this zoning Agreement was processed and
approved, including the application of the California Environmental Quality Act to that process,
("Third Party Legal Challenge") the parties shall defend the Third Party Legal Challenge jointly,
N.
Zoning Agreement
and each party shall be responsible for Its legal expenses incurred In connection with the Third
Party Legal Challenge.
19. Right to Assign. Operator shall have the right to transfer or assign the rights and
obligations contained herein in whole to any person, partnership, joint venture, firm, or
corporation at any time during the Term of this Zoning Agreement without the consent of City.
Upon the effective date of any such transfer or assignment of the Property, the transferor -
assignor shall notify City of the name and address of the transferee. Any assignment of this
Zoning Agreement must be pursuant to a sale or transfer of Operator's rights in the entirety of
the Property. Any sale or transfer of the Property shall Include the assignment and assumption
of the rights, duties, and obligations arising from this Zoning Agreement to the transferee with
respect to all of the Property. Operator shall no longer be obligated under this Zoning
Agreement for the Property if Operator is not in default under this Zoning Agreement at the time
of the sale or transfer.
20. Zoning Agreement Binding on Successors and AssIgnq, 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 Ce ificate, At any time, either Party may deliver written notice to the
other Party requesting that the Party certify in writing that, to the best of its knowledge:
A. This Zoning Agreement is in full force and effect and is binding on the Party;
B, This zoning Agreement has not been amended or modified either orally or in writing.
if this Zoning Agreement has been amended, the Party providing the certification
shall Identify the amendments; and
C. The requesting Party Is not In default In the performance of Its obligations under this
Zoning Agreement. If the requesting Party is in default, the other Party must
describe the nature of the default.
The requesting party shall execute and return the certificate within. sixty (60) days
following receipt. Any assignee of a Party's rights and obligations hereunder, as referred to in
this Section 21, shall be entitled to rely on the certificate.
22, Further Actions end Instruments. Each Party shall cooperate with and provide
reasonable assistance to the other Party to the extent consistent with and necessary to
implement this Zoning Agreement. Upon the request of a Party at any time, the other Party
shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or
record the required Instruments and writings and take any actions as may be reasonably
necessary to implement this Zoning Agreement or to evidence or consummate the transactions
contemplated by this Zoning Agreement,
23. Notices. Any notice or demand that shall be required or permitted by law or any
provision of this Zoning Agreement shall be In writing. if the notice or demand will be served
upon a Party, It either shall be personally delivered to the Party; deposited in the United States
mail, certified, return receipt requested, and postage prepaid; or delivered by a 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
Zonigng Agreement
To City: City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Attention: CIty-Manager
Fax: 949-644-3020
With a copy to: City Attorney
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92603.3884
To Operator: Sober Living by the Sea, Inc.
2811 Villa Way
Newport Beach, California 92663
Attn: Executive Director
Wllh 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 Miscellaneogs, Terms.
A. Rules of Construction. The singular includes the plural; the masculine and
neuter Include the feminine; "shall" is mandatory; "may" Is permissive.
B. Time is of the Essence. Time is of the essence regarding each provision of this
Zoning Agreement In which time is an element.
C. Waiver. Failure by a Party to insist upon the strict performance of any of tale
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.
T
Zoning Agreement
F. Construction. This Zoning Agreement has been drafted after extensive
negotiation and revision, Both City and Operator are sophisticated parties who were
represented by independent counsel throughout the negotiations. City and Operator each
agree and acknowledge that the terms of this Zoning Agreement are fair and reasonable, taking
Into account their respective purposes, terms, and conditions. This Zoning Agreement shall
therefore be construed as a whole consistent with Its fair meaning, and no principle or
presumption of contract construction or interpretation shall be used to construe the whole or any
part of this Zoning Agreement In favor of or against either party,
G. No Third Party Beneficiaries. The only parties to this Zoning Agreement are City
and Operator. This zoning Agreement does not involve any third party beneficiaries, and it Is
not Intended and shall not be construed to benefit or be enforceable by any other person or
entity,
H. Applicable Law and Venue. This Zoning Agreement shall be construed and
enforced consistent with the internal laws of the State of California, Any action arising under
this Zoning Agreement or brought by any Party for the purpose of enforcing, construing, or
determining the validity of any provision of this Zoning Agreement shall be filed and tried In the
Superior Court of the County of Orange, State of California, or the United States District Court
for the Central District of California, The Parties waive all provisions of low providing for the
removal or change of venue to any other court.
I. Section Headings. All section headings and subheadings are Inserted for
convenience only and shall not affect construction or interpretation of this Zoning Agreement.
J. Authority to Execute. The persons executing this Zoning Agreement warrant and
represent that they have the authority to execute this Zoning Agreement on behalf of the entity
for which they are executing this zoning Agreement. They further warrant and represent that
they have the authority to bind their respective Party to the performance of its obligations under
this zoning Agreement.
CiTY.
CITY OF Vp N ORT BEAC
By: - - J."
Edward Seilch
Title: MAYOR OF NEWPORT BEACH
OPERATOR:
SOBER LIV BY THE SEA, INC.
By:
Kevin Hogge
Title: CHIEF FINANCIAL OFFICER
Zoning Agreement
By; 6j��
Pa►nela Bur e
Title: VICE PRESIDENT/SECRETARY
OPERATOR:
COMPREH SIVE ADDICTIONS PROGRAMS, INC.
By: ��
Kevin Hogge
Title: CHIEF FINANCIAL OFFICER
By: ,
Pamela Burke
Title: VICE PRESIDENT/SECRETARY
OPERATOR:
CRC HEA
nV CORPORATION
By: -
Kevin Hogg
Title: CHIEF FINANCIAL OFFICER
By: e-,
Pamela Burke
Title: VICE PRESIDENT/SECRETARY
OPERATOR:
CRC HE A GROUP, INC.
By:
Kevin Hogge
Title: CHIEF FINANCIAL OFFICER
By:T111' &L
P e1a Burke
Title: VICE PRESIDENT/SECRETARY
10
Zoning Agreemonl
APPROVED AS TO FORM:
By:
David R. Hunt
Title: CITY ATTORNEY, CITY OF NEWPORT BEACH
ATTEST:
By: _ ba^"
Leilani Grown
Title: CITY CLERK, CITY OF NEV1
11
Zoning Agreement
Exhibit A
List of SL3TS Facilities
Street NO.,
208
Um s
Street,
Vie Lido Soud'
Licensed'?
ADP Licensed
100
Vla Antibes
ADP Licensed
102
Via Antibes
ADP Llcvnsod
505
29th Street
ADP Licensed
116
A 8M
1341h Street
Sober Living
X
307
112
134th Street
Sober Living
X
309
1/2 . -'.
34fh Street
SoOer.Livin
X'
125
+ 1/2
39th Street
ADP Licensed
X
112
A &,B
40th Street
obey Living
118
A & B
45th Street
Sober Livinq
X
122
A & B'
451h Street
Al7P. Licensed
5004
A & B
Neptune
Sober Living
510.1
A & B :
River
ADP Licensed
3060-80
Seashore
ADP Licensed
..4500-04
Seashore
ADP Licensed
4711
Seashore
ADP Licensed
-4800 .
Seashore
ADP<Licensed ...X,
4816
Seashore.
Sober Living
6111
lSeOhore
ADP'Licensed
6110
JW
Oceanfront
ADP Licensed
".X"= Closed. orclosin
I May not be closed if 4816 Seashore is closed
Zoning Agreement
Exhibit B
Applicable Regulations
A. Number and Location of Facilities. Number and location of facilities which may be
utilized as Licensed Facilities or Sober Living Homes.
1. On and after the Effective Date of the ordinance adopting this Zoning Agreement,
there shall be no more than 20 beds occupied in the City at any time by persons who are
patients, clients or customers of Sober Living, whether contained within Licensed Facilities or
Sober Living Homes. More than one such facility may be operated In a single building.
2. On and after the effective date of the ordinance adopting this Agreement, there
shall be no more than 1M beds occupied in total In those parts of the City referred to as the
Peninsula, Lido Isle, West Newport and Newport Shores (the "Peninsula zone") as depicted in
Exhibit D at any time by persons who 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 §20.06.030 of the
Newport Beach Municipal Code.
3. On and after the effective date of the ordinance adopting this Agreement, there
shall be no more than 12 beds (12 of the 166 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 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 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.
S. On and after the Effective Date of the ordinance adopting this Agreement, Sober
Living shall locate all of Its newly established facilities utilized as Licensed Facilities -or Sober
Living Homes so that only one building shall contain such facilities, whether operated by Sober
Living or any other person or entity, Is located either on a block in the City or across a bordering
street. To facilitate transfers of properties to attain or maintain this `one building per block°
standard, Sober Living may, for not more than 120 days, hold leases for two properties on one
block If the properties are Involved In a Facility transfer. For purposes of this Agreement, a
block is an area bounded by four streets (not alleys).
6. Except as provided in Section A.7. below, within thirty (30) months of the
Effective Date of the ordinance adopting this Agreement, Sober Living shall relocate its
presently operating facilities as necessary to comply with the criterion set forth In Section A.S.
above as to Its presently operating Licensed Facilities and Sober Living Homes. All such
relocations must be to sltes which have no other Facility, whether operated by Sober Living or
Zoning Agreement
any other person or entity, either on the block to which the facility is relocated or across a
bordering street.
7. Notwithstanding the provisions of Section A.5 above, Sober Living may continue
to operate Facilities at the following addresses during the term of this Agreement:
• 112 40th Street and 3960-3980 Seashore (on the same block);
• 122 45th Street and 4600-4504 Seashore(across a bordering street);
0 6110 Oceanfront and 6111 Ocean Front (across a bordering streettalley); and
4711 Seashore and either 4800 Seashore or 4816 Seashore (across a bordering street
and down a block).
8. Sober Living shall not establish any Facility pursuant to Section 4 of this Exhibit B
unless and until Sober Living has fully and timely compiled with the relocation requirements set
forth In Section 6 of this Exhibit B.
9. Sober Living shall not establish or operate a Facility on a parcel of properly which
has a lot line located within 1,000 feet of any NMUSD elementary school or the large
commercial State -licensed day care facility listed on Exhibit E.
10. Sober Living shall not establish or operate a Facility at any location which is
adjacent to the 36th Street Tot Lot or the Marina Park Tot Lot so long as those tot lots are so
utilized.
B. Operational Regulations.
During the term hereof, Sober Living shall comply with all of the following operational
criteria:
1. Sober Living shall not provide any services to or house any parolee or parolees
from the California Department of Corrections or Its equivalent In any other State or the Federal
Bureau of Prisons In any of its Facilities located in the City.
2. Any and all medical waste generated through the operation of a Sober Living
Homes or Licensed Facility shall be disposed of in accordance with all laws and best industry
standards and practices.
3. Sober Living shall comply with City code provisions pertaining to trash
enclosures at all of its Sober Living Homes or Licensed Facilities.
4. Smoking and Tobacco Products.
(a) Sober Living shall make good faith efforts to prevent second hand smoke from
leaving any of Its Facilities in a manner that significantly affects occupants of
neighboring residents In the use and enjoyment of their properties. These efforts
may include, but are not limited to:
• The designation of a smoking area at each site, with a device to mitigate or disperse
secondhand smoke;
0 An active smoking oessatlon program made available to all clients;
zoning Agreement
(b) Apply a policy directing clients or residents to avoid littering cigarette butts on the
ground, floor, deck, sidewalk, gutter, or street.
(o) Apply a policy reminding clients not to use tobacco on beaches, boardwalks, and
piers consistent with City prohibitions against smoking in those areas.
6. Sober Living shall comply with all City code provisions requiring off street parking
in residential zones.
6. Sober Living shall establish, provide public notice of and continuously operate a
24 hour per day hotline for receiving Inquiries and/or complaints in reference to Its operation of .
Its Facilities in the City.
7. Sober Living shall apply the following Quiet Hours to Its patients, clients and
customers occupying beds in all Facilities which Sober Living operates In the City. During these
Quiet Hours, all residents will be inside except during emergencies:
• Sunday through Thursday- 10 pm to 7 am;
• Friday through Saturday -11 pm to 7 am.
8. Sober Living shall use good faith efforts to implement the Route Plans for
transport of Its staff, residents, clients and customers which Sober Living submitted to the City
as part of its applications for Use Permits on file with City's staff as of July, 2008, A true and
correct copy of those Route Plans are attached as Exhibit F. Short-term Interruptions, such as
medical emergencies or street maintenance which are beyond Sober Living's control, are
allowable modifications to the Route Plans,
9. Sober Living shall accept deliveries of goods and services to the Residential Care
Facilities which It operates in the City only during customary times for such deliveries of goods
and services to occur In residential areas of the City and in accordance with any City regulation
adopted which controls times for such deliveries on a cltywide basis applicable to ail residential
properties.
10. Soper Livinq shall participate In the activities of any stakeholder committee or
group established by the City to address complaints and concerns of residents of the City
regarding the operation of Residential Care Facilities In the City.
11. Sober Living shall maintain its present policy not to allow more than two (2)
clients per bedroom In the facllitles unless the size of the structure warrants a larger occupancy
for any single bedroom.
C. General Constraints on Regulation.
1. Most Faygred 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
Zoning Agreement
Ordinance's Use Permit process do not constitute agreements for the purposes of this
paragraph.
The three provisions are:
(a) An allowance of a percentage increase greater in bed counts greater than 30%
above the number operated by the Operator at the time of the agreement;
(b) Dispersion (i.e. one building per block and no facilities on streets facing each other)
more concentrated than for SLBTS under the terms of this Agreement; and
(c) Distancing from public elementary schools and large licensed day care that is less
than for SLBTS under the terms of this Agreement.
2, The City shall respect and adhere to the exemption in California Health and
Safety Code §11834.23 that directs that the City apply the same building, fire, and other related
codes to Facilities with six or fewer clients as it does for any single-family residential property
provided that:
(a) The exemption Is not repealed or otherwise Invalidated by an appellate court
decision;
(b) The exemption Is being applied to a single family dwelling unit (including
condominiums) or a duplex;
(c) SLBTS does not place non -ambulatory residents in their facilities; and
(d) SLBTS does not accept referrals or placements within a SLBTS home for protective
social care and supervision services by any governmental agency.
3. This Agreement, and, more specifically, these Applicable Regulations obviate the
need for and shall supersede the processing or Issuance of any Use Permit or Use Permits
concerning Sober Living's operations In the City.
Exhibit C Zoning Agreement
2811 Villa Way. Letter
CITY OF NEWPORT BEACH
" PLANNING DEPARTMENT
�jt►koRN�P PatilelaL.Temple, Director
August 25, 2006
Bill Swiney
Sober Living by the Sea
2811 Villa Way
Newport Beach, California 92063
RE: Sober living by the Sea -- 2809, 2811, 2613 Villa Way, Newport Beach
Dear Bill:
I am in receipt of your correspondence dated July 21, 2006. In your correspondence, you
discuss a proposal whereby Sober Living by the Sea ("Sober living") would modify Its use
of the property located at 2809-2813 Villa Way ("Saber 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
3800 Newport Boulevard - Post Office Box 1768 • Newport Beach, Caltfornma 92658-8915
Telephone: (949) 644-3200 • rax: (949) 644-3229 • www,clty.newport-beach.cams
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.. .
5. 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
then 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 verif(ed 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 ra motor vehicle.
7. All large meetings, in excess of 20 persons, will be held at some other
location (any other locations used in the City shall be approved for large assembly use).
8. - The hours of operation for conducting meetings and picking up
prescriptions at the Sober Living Facility will be from 6:30 a.m. to 8:30 p.m. Clients
picking up or consuming prescription medicine at the Sober Living Facility will be required
to leave the Sober Living Facility within 10 minutes after they have picked up or
consumed their medication,
9. Any nurse at the Sober Living Facility shall only be on site Monday through
Friday from'7:00 am to 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 bays a week to receive calls,
11. Fxcept as provided herein, clients will not be allowed to assemble at the
Sober Living reallity 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 bikes to the
Sober Living Facility access the facility by a route approved by the planning Director in
writing.
14. Sober living will provide trash and cigarette disposal containers and inform
their clients that they are not to dispose of liter on City streets or adjoining properties.
In summary, if Sober Living operated in conformance with the foregoing conditions, It
would be my determination that Sober Living would not be defined as "social club",
However, please be advised that It is my opinion that any deviation from the foregoing
conditions or any additional assembly at the Sober Living Facility would change the
_.....__.categoryof use. --
Please contact me at your earliest convenience so we can discuss a timeline for Sober
Living to Implement the foregoing changes, Simply put, I cannot make a determination
that Sober Living is operating in conformance with the Municipal Code until the above -
referenced changes have been made, further, as a condition to making my
determination that a use permit Is no longer required, Sober Living will need to withdraw
its appeal without prejudice.
I appreciate your continuing assistance in this matter.
Very truly yours,
Patricia L. temple,
Planning Direotor for the
City of Newport Beach
cc: Aaron C. Harp, Assistant City Attorney
Dennis O'Neil, Esq,
Enclosure: Modified Plans
11 AWITANIVE"
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MOU IMA
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Zoning Agreement
Exhibit D
Depiction and Description of "Peninsula Zone"
Depiction of Peninsula Zone:
The lands within the yellow boundary as shown below,
Description of Peninsula Zone:
Starling at the mouth of the Santa Ana River:
e The land area southerly of the Newport and Seminouk Sloughs known as Newport Shores, and
• The land coastward of Pacific Coast Highway to Newport Boulevard known as Balboa Coves, West
Newport Beach, Lido Sands, and Newport Island; and
• The land southerly of a line extending along the Federal Navigational Channel between Newport
Boulevard and the Newport Harbor Jetty, known as the Balboa Peninsula, Lido Peninsula, Lido Isle,
Bay Island, and Cannery Village; and
• Southward on Newport Boulevard about 50 feet to Lower Newport Bay; and
• All lands southerly of Lower Newport Bay between Newport Boulevard down the Federal Navigational
Channel within the Lower Bay, inclusive of Lido Isle and Bay Island and Inclusive of the Balboa
Peninsula.
zon/ng Agreement
Exhibit E
Specific Large ASS -Licensed Day Care Facilities -- Peninsula zone
Facfllty No: 300600193 Capacity: 0044
CHRIST CHURCH BY THE SPA CHILDREN'S CENTER
1400 WEST BALBOA BOULEVARD
NEWPORT BEACH, CA
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,
Zoning Agreement
100 Via Antibes
102 Via Antibes
208 Via Lido Soud
(one triplex)
The primary route of travel between Sober Living by the Sea's administrative offices in
Cannery Village (2811 Villa Way) and these residential dwelling units is Lafayette, Via
Lida, Via Antibes, and Via Lido Soud.
Zoning Agreement
116 30 Street, A & B
`20�a `#-a71\
lt18 � as�n......
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 32nd Street,
Balboa Boulevard, 341h Street, and Seashore Drive.
505 291" Street
a ST
LP
9T 171M.' 17LJ
3012
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o
� ifIrr i " 1�1,, 1�12
2110
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I
A
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Zoning Agreement
KK
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The primary route of travel between Sober Living by the Sea's administrative offices
s In
Cannery Village (2811 Villa Way) and these residential dwelling units is Lafayette, 29t"
Street, and Villa Way.
112 4& Street, Units A and B
3960-3980 Seashore Drive
1<ti12 117� 114
122
460i 112
/4011 9
11l
'45M ;
4 141�
�111 �
Na7,, 4
/ 41Q8
Zoning Agreement
29
28\
27N
28\
204 lk
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 32ld Street.
Zoning Agrsemsnt
4816 Seashore
4711 Seashore
The primary route of travel between Sober Living by the Sea's administrative offices in
Cannery Village (281.1 Villa Way) and these residential dwelling units is along Balboa
Boulevard, 46' Street, Seashore, 5181 Street, and River Avenue.
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, fiver Avenue, 501h Street, Neptune, and 51 el Street.
6111 Seashore
6110 West Ocean Front
Zoning Agreement
v
The primary route of travel. between Sober living by the Sea's administrative offices In
Cannery Village (2811 Villa Way) and these residential dwell[! units is. along Newport
Boulevard, Coast Highway, Prospect, Ocean Front Alley W, 62 Street, and Seashore.
Exhlblt a
Compllan.ce Report Template
(pate Report Submitted)
ihls 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 Newport Beach:
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2024-4 was duly introduced on the 13th day of February, 2024, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 27th day of February, 2024, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 28th day of February, 2024.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
_.,1an
C"4LIFOa�
A"ro
Leilani I. Brown, MMM
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2024-4 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: February 17, 2024
Adopted Ordinance: March 2, 2024 l
In witness whereof, I have hereunto subscribed my name this I A� day of March, 2024
n J (- a L
Leilani I. Brown, MIV1C
City Clerk
City of Newport Beach, California