HomeMy WebLinkAbout2009-4 - Approving Development Agreement No. 2008-005 (Zoning Implementation and Public Benefit Agreement Between the City of Newport Beach and Sober Living by the Sea, Inc.)ORDINANCE NO. 2009-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING
DEVELOPMENT AGREEMENT NO. 2008 -005 (ZONING
IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND SOBER
LIVING BY THE SEA, INC.)
WHEREAS, when adopting Ordinance No. 2008 -5 on January 22, 2008, the City
Council of the City of Newport Beach found that the City has a disproportionately high
number of licensed and unlicensed residential group uses serving the disabled recovering
from drug or alcohol use; and
WHEREAS, when adopting Ordinance No. 2008 -5, evidence was presented of
increasing numbers of residential care facilities that do not house permanent residents and
operate in a manner similar to boarding house or institutional uses rather than as single
housekeeping units; and
WHEREAS, when adopting Ordinance No. 2008 -5, evidence was presented that
certain areas of the City, including West Newport and the central Balboa Peninsula have
significantly higher numbers of group residential uses than other parts of the City and other
parts of the state, and that secondary impacts from group residential uses change the
residential character of a neighborhood and are not beneficial to persons in recovery as
they attempt to re- integrate their new sober lifestyle into typical society; and
WHEREAS, the City has prohibited all other group residential uses that are not
single housekeeping units from establishing in residential zones since 1997; and
WHEREAS, the City recognizes and agrees that the federal Fair Housing Act and
other state and federal laws provide that individuals recovering from drug and alcohol
addiction are deemed disabled and are entitled to housing opportunities. As such,
Ordinance 2008 -005 provides for applicants representing the disabled or the disabled
themselves to apply for reasonable accommodation from all or portions of the Ordinance
to ensure that housing opportunities for the disabled continue to be provided in all
residential areas of the Newport Beach community; and
WHEREAS, the City desires to maintain zoning provisions benefiting disabled
persons by allowing disabled persons to live in residential districts, while forbidding all
other group residential uses in residential districts, but desires to ensure that the uses are
consistent with the residential character of neighborhoods and do not recreate an
institutional environment that would defeat the purpose of community-based care; and
WHEREAS, to achieve these goals the City and Sober Living by the Sea, Inc.,
have drafted a Zoning Implementation and Public Benefit Agreement ( "Agreement ") to
authorize, dine and limit the future operations of Sober Living by the Sea, Inc., within the
City; and
WHEREAS, on November 20, 2008, the Planning Commission held a duly
noticed public hearing in the City Hall Council Chambers, 3300 Newport Boulevard,
Newport Beach, California, at which time the Planning Commission considered the
Agreement. A notice of time, place, and purpose of the meeting was duly given in
accordance with the Municipal Code. Evidence, both written and oral, was presented to
and considered by the Planning Commission at this meeting, including the evidence and
arguments submitted by the City staff and all interested parties; and
WHEREAS, consideration and adoption of the Agreement has been determined to
be categorically exempt under the requirements of the California Environmental Quality
Act (CEQA) under Class 1 (Existing Facilities). This class of projects has been determined
not to have a significant effect on the environment and is exempt from the provisions of
CEQA. 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 (Section
15061[b][3] of the CEQA Guidelines). It can be seen with certainty that there is no
possibility that this activity will have a significant effect on the environment and it is not
subject to CEQA; and
WHEREAS, the Planning Commission recommended that the City Council adopt,
with amendments, Development Agreement 2008 -005 (Zoning Implementation and
Public Benefit Agreement between the City of Newport Beach and Sober Living by the
Sea). The amendments recommended by the Planning Commission included
suggestions as to the term of the agreement, van routes, notification to the City when
SLBTS adds a facility, "occupied" versus "provided" beds, and more. The City Council's
ad hoc committee on group residential uses agreed with some of the Commission's
suggestions, and disagreed with others, giving staff and special counsel direction to
discuss the Commission's suggestions with SLBTS. The Agreement under
consideration today reflects those discussions.
NOW THEREFORE, the City Council of the City of Newport Beach, California,
HEREBY ORDAINS as follows:
SECTION 1: Development Agreement No. 2008 -005 shall be adopted as provided
in Exhibit "A ".
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 3: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the 27th day of January, 2009, and adopted
on the 10th day of February, 2009, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT C CILMEMB
MAYOR
ATTEq.-
l —Pa 4
CI L RK
APPROVED AS TO FORM:
C
David R. Hunt
CITY ATTORNEY
ZONING IMPLEMENTATION
AND PUBLIC BENEFIT AGREEMENT
(Pursuant to California Government Code § §65864- 65869.5)
This Zoning Implementation and Public Benefit Agreement (the "Zoning Agreement') is
entered into on 2008, by and between the CITY OF NEWPORT BEACH, a
charter city ( "City") and SOBER LIVING BY THE SEA, INC., a California corporation,
Comprehensive Addiction Programs, Inc., a Delaware Corporation, CRC Health Corporation, a
Delaware Corporation, CRC Health Group, Inc., a Delaware Corporation (collectively referred to
as "Operator"). City and Operator and Operator's Affiliates as herein defined, are sometimes
collectively referred to in the Zoning Agreement as the "Parties" and individually as a "Party."
RECITALS
A. The City Council hereby finds this Zoning Agreement is consistent with
provisions of California Government Code §65867, and the City of Newport Beach Municipal
Code Chapter 15.45 and the City's General Plan.
B. On November 20, 2008, City's Planning Commission held a public hearing on
this Zoning Agreement, made findings and determinations with respect to this Zoning
Agreement, and recommended to the City Council that the City Council approve this Zoning
Agreement.
C. On 2008, 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
2008, 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. 2008 -, finding this Zoning Agreement to be consistent
with the City of Newport Beach General 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 D attached (the "Peninsula Zone "); and (ii) up to an additional 48 beds
outside 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).
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
Page 2 of 19
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 -11/2 , R -2 and multi - family residential ( "MFR ") and certain Specific Plan District zones within
City. "Property" includes the rights to operate all of those properties as well as other properties
not presently identifiable which may be utilized by Operator as Facilities hereunder.
I. "Sober Living Homes" shall mean alcoholism and drug abuse recovery facilities
not licensed by ADP.
J. `Term" shall have the meaning ascribed in Section 11 of this Zoning Agreement.
2. Significant Public Benefits. The significant public benefits that this Zoning
Agreement provides include, but are not limited to:
A. Settlement and avoidance of costs of a pending lawsuit, including attorneys fees;
B. Preservation of the regulatory ordinance which was the subject matter of the lawsuit,
C. Requested termination of a related federal administrative proceeding,
D. A reduction of and limitation on the size of a residential care operation in the City,
including a limitation on 6 or under Licensed Facilities,
E. Dispersal of Licensed Facilities and Sober Living Homes to reduce the concentration
thereof;
Zoning Agreement
Page 3 of 19
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 Representations. Both parties represent that they have legal
authority to enter into this Zoning Agreement and the remainder of the agreements and
documents that comprise the settlement documents herein, and that the necessary
authorizations have been obtained, by resolution or other action, and that the persons whose
names appear as signatories below were authorized to accept this Zoning Agreement on behalf
of the Party under whose name they signed.
A. Each Party specifically represents and warrants that it has the legal authority to enter
into a Zoning Agreement of the type and kind herein, and,
B. The City represents and warrants that this Zoning Agreement and the regulations
applied to the Property ('The Applicable Regulations ") are:
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 Califomia Coastal
Commission.
5. Operation of Property: 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 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 complied with all conditions set out in Exhibit
C except for Paragraph 12 relating to parking. City acknowledges Operator has been exercising
due diligence to complete the parking lot which is unfinished due to circumstances beyond
Operator's control. Operator agrees to use good faith efforts to get the parking lot at Villa Way
completed. In the event the parking lot is not completed by July 1, 2009, or in the event
Operator's Villa Way lease terminates, Operator agrees to purchase not less than thirteen (13)
Newport Beach master parking passes at the rate charged by City to all persons. In the event
Zoning Agreement
Page 4 of 19
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 2Wh Street, commonly known as "The Victorian," is a legal
nonconforming single family residence and shall be treated as a Licensed Facility. In the event
Ordinance No. 2008 -5 is repealed by action of the City Council or the electorate or if said
Ordinance is declared invalid or unenforceable by a court of competent jurisdiction, then the
Operator will no longer be bound by the provision of Paragraph 6 of Exhibit B as to the limit of
one Licensed Facility or Sober Living Home per block in the event other operators open facilities
on the same block.
7. Police Power. In all respects not provided for in this Zoning Agreement, City
shall retain full rights to exercise City's police power to regulate the operation of Residential
Care Facilities on the Property provided such powers are applied consistently with the
provisions of state law and Section C2 of Exhibit B to this Zoning Agreement.
8. No Conflicting Enactments. During the Term of this Zoning Agreement City shall
not apply to 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 Authority. 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 govern the development and operations of the Property:
A. Procedural Regulations. Then current procedural regulations relating to hearing
bodies, petitions, applications, notices, findings, records, hearings, reports,
recommendations, appeals, and any other matter of procedure shall apply to the
Property, provided that they are adopted and applied City -wide or to all other
properties consistent with the provision of Section C2 of Exhibit B.
B. Consistent City Regulations. City ordinances, resolutions, regulations, and official
policies governing development and building which do not conflict with the Applicable
Regulations, or with the provisions of Section C2 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: 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."
Zoning Agreement
Page 5 of 19
A. Effective Date of This Zoning Agreement : This Zoning Agreement shall become
effective on:
i. The 91 st day following the City Council's passage of the ordinance approving this
Zoning Agreement, or
ii. If a referendum or other elective challenge to the ordinance approving this
Zoning Agreement qualifies to be placed on the ballot, then on the 31st day after
the City Clerk certifies that the referendum or other elective challenge has failed
to pass, or
iii. If litigation is instituted to challenge this Zoning Agreement prior to the Effective
Date established in accordance with Section 11 A. i. and ii above, then on the
31 st 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 o n the Effective
Date and shall expire at the conclusion of the 25th year thereafter.
C. Stay of Ordinance 2008 -05 Pending Effective Date. Prior to the effective date of the
ordinance adopting this Zoning Agreement, or that date upon which it becomes clear
that there shall be no Effective Date, whichever is later, the Operator's use permit
process shall be tolled, and the City shall not otherwise enforce the provisions of
Ordinance 2008 -5.
12. Amendment or Cancellation of Zonina Agreement. Other than modifications of
this Zoning Agreement under Section 9C of this Zoning Agreement, this Zoning Agreement may
be amended or canceled in whole or in part only by mutual written and executed consent of the
Parties in compliance with California Government Code §65868 and City of Newport Beach
Municipal Code §15.45.060.
13. Enforcement. Unless amended or canceled as provided in Section 12 of this
Zoning Agreement, or modified or suspended pursuant to California Government Code
§65869.5, this Zoning Agreement is enforceable by either Party despite any change in any
applicable general or specific plan, zoning, subdivision, or building regulation or other applicable
ordinance or regulation adopted by City (including by City's electorate) that purports to apply to
any or all of the Property.
14. Periodic Review of Compliance. City and Operator shall each comply in good
faith with the terms of this Zoning Agreement. The Parties shall review this Zoning Agreement
at least once every 12 months from the Effective Date for good faith compliance with its terms
consistent with California Government Code §65865 and §65865.1 and City of Newport Beach
Municipal Code §15.45.070. At the reviews, Operator shall demonstrate its good faith
compliance with this Zoning Agreement and shall document the current status of its operation.
Operator also agrees to furnish evidence of good faith compliance as City may require in the
reasonable exercise of its discretion and after reasonable notice to Operator. On or before
December 31 and June 30 of each year during the Term of this Zoning Agreement, Sober Living
shall submit a Compliance Review Report, whose template is attached as Exhibit G. The
requirement of good faith compliance shall be met upon the submittal to the City of an accurate
form showing information relating to facility locations and bed counts. City shall have the right
to audit the accuracy of the form through on -site inspections of the Facilities at mutually -
agreeable times and during regular business hours.
Zoning Agreement
Page 6 of 19
15. Events of Default.
A. Default by Operator. Pursuant to California Government Code §65865.1, if City
determines that Operator has not complied in good faith with Operator's obligations pursuant to
this Zoning Agreement, City shall by written notice to Operator specify the manner in which
Operator has failed to comply and state the steps Operator must take to bring itself into
compliance. If Operator does not commence compliance within 30 days after receipt of the
written notice from City specifying the manner in which Operator has failed to comply, and
diligently pursue steps to achieve full compliance, then Operator shall be deemed to be in
default under the terms of this Zoning Agreement. City may then seek available remedies as
provided in Section 15.0 of this Zoning Agreement.
B. Default by City. If City has not 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 15.0 of this Zoning Agreement
C. Specific Performance and Damages Remedies. The Parties acknowledge that
remedies at law generally are inadequate and that specific performance is appropriate for the
enforcement of this Zoning Agreement. The remedy of specific performance or, in the
alternative, a writ of mandate, shall be the sole and exclusive remedy available to either Party in
the event of the default or alleged default by the other.. Prior to exercising such a remedy, the
Party seeking to do so shall submit the matter to nonbinding arbitration through JAMS or
another arbitrator mutually acceptable.
D. Recovery of Legal Expenses by Prevailing Party in Any Action. In any 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 Maieure. Neither Party shall be deemed to be in default where failure or
delay in performance of any of its obligations under this Zoning Agreement is caused, through
no fault of the Parry whose performance is prevented or delayed, by floods, earthquakes, other
acts of God, fires, war, riots or similar hostilities, strikes or other labor difficulties, state or federal
regulations, or court actions.
18. Third Party Legal Challenge. If a third party brings a legal action challenging the
validity or enforceability of any provision of this Zoning Agreement or the Applicable Regulations
or the manner in which the ordinance approving this Zoning Agreement was processed and
approved, including the application of the California Environmental Quality Act to that process,
('Third Party Legal Challenge ") the parties shall defend the Third Party Legal Challenge jointly,
Zoning Agreement
Page 7 of 19
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 Assigns. The burdens of this
Zoning Agreement are binding upon, and the benefits of this Zoning Agreement shall inure to,
all successors in interest of the Parties to this Zoning Agreement.
21. Estoppel Certificate. At any time, either Party may deliver written notice to the
other Party requesting that the Party certify in writing that, to the best of its knowledge:
A. This Zoning Agreement is in full force and effect and is binding on the Party;
B. This Zoning Agreement has not been amended or modified either orally or in writing.
If this Zoning Agreement has been amended, the Party providing the certification
shall identify the amendments; and
C. The requesting Party is not in default in the 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 and Instruments. Each Party shall cooperate with and provide
reasonable assistance to the other Party to the extent consistent with and necessary to
implement this Zoning Agreement. Upon the request of a Party at any time, the other Party
shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or
record the required instruments and writings and take any actions as may be reasonably
necessary to implement this Zoning Agreement or to evidence or consummate the transactions
contemplated by this Zoning Agreement.
23. Notices. Any notice or demand that shall be required or permitted by law or any
provision of this Zoning Agreement shall be in writing. If the notice or demand will be served
upon a Party, it either shall be personally delivered to the Party; deposited in the United States
mail, certified, return receipt requested, and postage prepaid; or delivered by a 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:
Zoning Agreement
Page 8 of 19
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 92663 -3884
To Operator: Sober Living by the Sea, Inc.
2811 Villa Way
Newport Beach, California 92663
Attn: Executive Director
With a copy to: CRC 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 mail as provided above.
24. Rules of Construction and Miscellaneous Terms.
A. Rules of Construction. The singular includes the plural; the masculine and
neuter include the feminine; "shall" is mandatory; "may" is permissive.
B. Time is of the Essence. Time is of the essence regarding each provision of this
Zoning Agreement in which time is an element.
C. Waiver. Failure by a Party to insist upon the strict performance of any of the
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. 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.
Zoning Agreement
Page 9 of 19
F. Construction. This Zoning Agreement has been drafted after extensive
negotiation and revision. Both City and Operator are sophisticated parties who were
represented by independent counsel throughout the negotiations. City and Operator each
agree and acknowledge that the terms of this Zoning Agreement are fair and reasonable, taking
into account their respective purposes, terms, and conditions. This Zoning Agreement shall
therefore be construed as a whole consistent with its fair meaning, and no principle or
presumption of contract construction or interpretation shall be used to construe the whole or any
part of this Zoning Agreement in favor of or against either party.
G. No Third Party Beneficiaries. The only parties to this Zoning Agreement are City
and Operator. This Zoning Agreement does not involve any third party beneficiaries, and it is
not intended and shall not be construed to benefit or be enforceable by any other person or
entity.
H. Applicable Law and Venue. This Zoning Agreement shall be construed and
enforced consistent with the internal laws of the State of California. Any action arising under
this Zoning Agreement or brought by any Party for the purpose of enforcing, construing, or
determining the validity of any provision of this Zoning Agreement shall be filed and tried in the
Superior Court of the County of Orange, State of California, or the United States District Court
for the Central District of California. The Parties waive all provisions of law providing for the
removal or change of venue to any other court.
I. Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect construction or interpretation of this Zoning Agreement.
J. Authority to Execute. The persons executing this Zoning Agreement warrant and
represent that they have the authority to execute this Zoning Agreement on behalf of the entity
for which they are executing this Zoning Agreement. They further warrant and represent that
they have the authority to bind their respective Party to the performance of its obligations under
this Zoning Agreement.
CITY:
CITY OF NEWPORT BEACH
By:
Name
Title:
Title
OPERATOR:
SOBER LIVING BY THE SEA, INC.
By:
Name
Title:
Title
Zoning Agreement
Page 10 of 19
Exhibit A
List of SLBTS Facilities
Sire . et - No I
208ia::Lidn.Soud
Units
Street
Licensed?
Ai7P iicerised
100
Via Antibes
ADP Licensed
1102
WCAnthes
ADP. Licensed
505
29th Street
ADP Licensed
1 f6
A & B :.$
tti>Street
Satie1 >Livin.
307
1/2
34th Street
Sober Living
309
1/2
34th;Street
SoOdt L'fvin.
X
125
+1/2
39th Street
ADP Licensed
X
112
A & B
40th. Street
Sdter Limn.
118
A & B
45th Street
Sober Living
X
122
A & B
45th-Street
A[)F' ui*msed
5004
A & B
Neptune
Sober Living
510.1
A & B .:
Finer,: :
ADIP Ueensed
3960 -80
Seashore
ADP Licensed
4500 -04
Sea?Wre
ADP11cOnsed .
4711
Seashore
ADP Licensed
4800 ..
Seashore.
AbP Licensed
X.
4816
Seashore
Sober Livin
6111
ISeashore
AD'P.Licensed
6110
IW
Oceanfront
ADP Licensed
"X "= Closed or closing,
Zoning Agreement
Page 11 of 19
Exhibit B
Applicable Regulations
A. Number and Location of Facilities. Number and location of facilities which may be
utilized as Licensed Facilities or Sober Living Homes.
1. On and after the Effective Date of the ordinance adopting this Zoning Agreement,
there shall be no more than 204 beds occupied in the City at any time by persons who are
patients, clients or customers of Sober Living, whether contained within Licensed Facilities or
Sober Living Homes. More than one such facility may be operated in a single building.
2. On and after the effective date of the ordinance adopting this Agreement, there
shall be no more than 156 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 §20.05.030 of the
Newport Beach Municipal Code.
3. On and after the effective date of the ordinance adopting this Agreement, there
shall be no more than 12 beds (12 of the 156 described in Section A2 above) occupied on 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.
5. On and after the Effective Date of the ordinance adopting this Agreement, Sober
Living shall locate all of its newly established facilities utilized as Licensed Facilities or Sober
Living Homes so that only one building shall contain such facilities, whether operated by Sober
Living or any other person or entity, is located either on a block in the City or across a bordering
street. To facilitate transfers of properties to attain or maintain this "one building per block"
standard, Sober Living may, for not more than 120 days, hold leases for two properties on one
block if the properties are involved in a Facility transfer. For purposes of this Agreement, a
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 sites which have no other Facility, whether operated by Sober Living or
any other person or entity, either on the block to which the facility is relocated or across a
bordering street.
Zoning Agreement
Page 12 of 19
7. Notwithstanding anything contained in this Agreement to the contrary, Sober
Living may continue to operate Facilities at the following addresses during the term of this
Agreement:
• 112 40th Street and 3960 -3980 Seashore (on the same block);
• 122 45th Street and 4500 -4504 Seashore(across a bordering street);
• 6110 Oceanfront and 6111 Ocean Front (across a bordering streetlalley); and
• 4711 Seashore and 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 complied 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.
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 Calif omia Department of Corrections or its equivalent in any other State or the Federal
Bureau of Prisons in any of its Facilities located in the City.
2. Any and all medical waste generated through the operation of a Sober Living
Homes or Licensed Facility shall be disposed of in accordance with all laws and best industry
standards and practices.
3. Sober Living shall comply with City code provisions pertaining to trash
enclosures at all of its Sober Living Homes or Licensed Facilities.
4. Smoking and Tobacco Products.
(a) Sober Living shall make good faith efforts to prevent second hand smoke from
leaving any of its Facilities in a manner that significantly affects occupants of
neighboring residents in the use and enjoyment of their properties. These efforts
may include, but are not limited to:
• The designation of a smoking area at each site, with a device to mitigate or disperse
secondhand smoke;
• An active smoking cessation program made available to all clients;
• Addressing the complaints of directly- adjacent neighbors when secondhand smoke
comes from an SLBTS facility.
Zoning Agreement
Page 13 of 19
(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 Plans.
9. Sober Living shall accept deliveries of goods and services to the Residential
Care Facilities which it operates in the City only during customary times for such deliveries of
goods and services to occur in residential areas of the City and in accordance with any City
regulation adopted which controls times for such deliveries on a citywide basis applicable to all
residential properties.
10. Sober Living shall participate in the activities of any stakeholder committee or
group established by the City to address complaints and concerns of residents of the City
regarding the operation of Residential Care Facilities in the City.
11. Sober Living shall maintain its present policy not to allow more than two (2)
clients per bedroom in the facilities unless the size of the structure warrants a larger occupancy
for any single bedroom.
C. General Constraints on Regulation.
1. Most Favored Nation. If the City enters into an agreement with any operator of a
Sober Living Home or Licensed Facility in the City which, includes one or more of the below
three provisions and provides a materially more favorable regulatory treatment to that operator
than is afforded to Sober Living hereunder, the more favorable regulatory provision or provisions
shall then apply to Sober Living and shall be deemed to supersede any conflicting provision or
provisions contained in this Zoning Agreement. Approvals within the Group Residential Uses
Ordinance's Use Permit process do not constitute agreements for the purposes of this
paragraph.
Zoning Agreement
Page 14 of 19
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)
less 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.
Zoning Agreement
Page 15 of 19
Exhibit C
2811 Villa Way Letter
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
Patricia L. Temple, Director
August 25, 2006
Bill Swiney
Sober Living by the Sea
2811 Vlla Way
Newport Beach, California 92663
RE: Sober Living by the Sea -2809, 2811, 2813 Villa Way, Newport Beach
Dear Bill:
I am in receipt of your correspondence dated July 21, 2006. In your correspondence, you
discuss a proposal whereby Sober Living by the Sea (`Sober Living ") would modify its use
of the property located at 2809 -2813 Villa Way ( "Sober Living Facility") so that it is no
longer designated as a social club, as defined by Newport Beach Municipal Code Section
20.05.040. 1 have carefully reviewed your proposal and have determined that Sober
Living would not be designated as a social club if it was operated in the following manner:
1. The "large conference room," designated on the floor plans submitted on
August 4, 2006 ( "Plans'), must be reduced so that the maximum occupancy for this room
is approximately 20 persons. Two cubicle type offices, the design of which will need to be
approved by the Planning Director in writing, will need to be constructed in the large
conference room.
2. The "small conference room," 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 wall 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 • Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3200 • Fax: (949) 644 -3229 • www.city.newport- beach.ca.us
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
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. Ail large meetings, in excess of 20 persons, will be held at some other
location (any other locations used in the City shall be approved for large assembly use).
8. The hours of operation for conducting meetings and picking up
prescriptions at the Sober Living Facility will be from 6:30 a.m. to 8:30 p.m. Clients
picking up or consuming prescription medicine at the Sober Living Facility will be required
to leave the Sober Living Facility within 10 minutes after they have picked up or
consumed their medication.
9. Any nurse at the Sober Living Facility shall only be on site Monday through
Friday from 7:00 am to 5:00 pm and on Saturday from 8:00 am to noon. There shall be
no nurse at the Sober Living Facility on Sundays.
10. Two staff employees shall be allowed to remain at the Sober Living Facility
until 11:00 pm, 7 days a week to receive calls.
11. Except as provided herein, clients will not be allowed to assemble at the
Sober Living Facility for the purpose of being transported to any other location.
12. Sober Living will provide and maintain 13 off -site parking spaces at the lot
directly across the street from the Sober Living Facility and will park vehicles associated
with the Sober Living Facility at the lot rather than on City streets or public parking lots.
For instance, Sober Living currently uses six vans. These vans would be parked on the
lot rather than on City streets in the surrounding neighborhood or the City parking lot.
13. Sober Living will direct clients and ensure that clients riding bikes to the
Sober Living Facility access the facility by a route approved by the Planning Director in
writing.
14. Sober living will provide trash and cigarette disposal containers and inform
their clients that they are not to dispose of litter on City streets or adjoining properties.
In summary, if Sober Living operated in conformance with the foregoing Conditions, it
would be my determination that Sober Living would not be defined as "social club ".
However, please be advised that it is my opinion that any deviation from the foregoing
conditions or any additional assembly at the Sober Living Facility would change the
- - category of use.
Please contact me at your earliest convenience so we can discuss a timeline for Sober
Living to implement the foregoing changes. Simply put, I cannot make a determination
that Sober Living is operating in conformance with the Municipal Code until the above -
referenced changes have been made. Further, as a condition to making my
determination that a use permit is no longer required, Sober Living will need to withdraw
As appeal without prejudice.
I appreciate your continuing assistance in this matter.
Very truly yours,
W
Patricia L. Temple,
Planning Director for the
City of Newport Beach
cc: Aaron C. Harp, Assistant City Attorney
Dennis O'Neil, Esq.
Enclosure: Modified Plans
q 'VO'HO\3EI rJOdMBN a -•�' •"'•
pU'gq k. AV /6v7m Elz /Ilz /60Z
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Zoning Agreement
Page 17 of 19
Exhibit E
Specific Large DSS- Licensed Day Care Facilities — Peninsula Zone
Facility No: 300600193 Capacity. 0044
CHRIST CHURCH BY THE SEA CHILDREN'S
CENTER
1400 WEST BALBOA BOULEVARD
NEWPORT BEACH, CA
ROUTE PLAN
116 34°' Street, A & B
3810 ` 211215 308 3513. ' 300 503507 516 f 522
128' 207 3714 3711\ �' 36 30606 3507 501 t 512 1518 I
124 /\n 205 �,y 510. i36 +]531
122 ,t - \
1710 3709 ,.. 312 3602 y 506 - •1 ,1
', 129 y 3708 •'3701 306 3600 333501 _ 71
318 123 yT'' 3704 .,._. 304 - 313 500 3421
121 3 \ 1512. 3413 507
115 124 7700 - ;� 300 307 311- ... 3508 3411 503 + 5M i 3433
i =13713 3600, 3618 3607. 3506
111 F" 301 312 - 3405 501 1506 ,•3411
120 3706 3611'9605, ! 310 3502 s 3403. 4 19405
116 3705 36Q8 "•3601 306 - 3500? 704 1
112 3703 300 313. 0 3401 3316 X502 13401
3712 - ":'.1213701 3602 j 3510 alt 3432 3315 500J�i� r,
111119 lb . 3613 3600 218 z2 ,�13 �� 314 34 3406 3313
303 33311 i B 3315-
'3700, ,! {� 322 3� ' 212 q 312 .: 3402 409 406 3337
3703 116 3605 X221 , Py 306 3400 ` 405 .3333 O
3701 114 123 3603
3601 204 - 213 ! 1y 300 313 -3312 j402 13345 >
3612,'. 211 /;= 3310 '41 m
361] 3610/ 117 128 207 222 3306 .+ ti 475
115 220 -: 303. 314 4U.
3611 S 12s 205 -' - ` 9304 s 3300
.,.. 360.•36006,`+ 122_'' 212 301 - -! 3303309 -;_.. '3305 O
116 129 210 221 y <' 306 315 3300 i:� >. I pp
3800 , 110 12 ' 1213 204 , 22`3 , aq� 902 �0 313 3212 Z
3513 -. 115 .-
126' 3404 222 < 303 311 .' ' 321 1120.11
3511 111.122 �'. 207 ''214 301 314
3506 109, 120 212 q 310 3204
Oc .3503 114 131 206 221 '51 304 - 315 m r� _
4`' 3501 110 / 121125 04- 213 = 3 302 313 ^ 3112
211 - 222 311 O ?
.3415 115
119 : 128 209.' 220 303 = A
Q 3411
02„ 3407 109 . 60 126 5 , - 212 16 , ' 223 F 3110
3303 c' 112 - 129 208 221 Soo r• 1.-
3401. 312123 .% 204. ^'r`21117 Q
21]
331 121:` 126 . 3. 206 . 300 3020
3314 '
3310':, 09 122 207 3012
3306 10 120 f 1134
3302 r` 110.. 118 - lz3'\ �_.. 312733153100 3011
125 3138 3121 403
3300 ,•'106 121 / ( 3101 3009
3212 108. 115 i �� •} 3107 3
' 3208 107109 122, O 3018 3130 ('
3204 118 :�12T. 9 3014 3136 2915 1
�. 1� 3012 -, -' 2911
- 3200 30611012 121123, 0 - 3008 /213217 2917
3112 119 , - 2903
' 133 r' 203 t
3110 111 .'y< 121 201 214222 ` 2905'
109,• "y <. 122 _ 212 �' 1 2839
3104 ,11 118 !i 127 ; : 221 {
3100 112 %/ 123 L 206
110 ,,'�"',. 121 `a '. 213 -
3014 106 .'r"� 113119
. ' ,y0'(a\ 200: 211
3008 i l l - 124. "203 'C1' 218
3006y 109 122 201 19 214
3004 -;i" 120
. 2
., 21i2
31oo 7 Bzoo ob s208 1:
l zip 2914 p� $f 2
The primary route of travel between Sober Living by the Sea's administrative
offices in Cannery Village (2811 Villa Way) and these residential dwelling units is
32 Od Street, Balboa Boulevard, 34"' Street, and Seashore Drive.
ROUTE PLAN
50529!h Street
Jjl T j jam_ A11ST ST
3020 _ NyNe_ ,sue
J� O N AA N AP NN N Om O N —N
p
3012 m
--3009 J
_ A
cNn VNa po `b, 3010
3 fp N N N tD + h N V
30TH ST
1 �$y O tpw rbn tpn N ti N 2912
2910
� 2906..
" % r� il v 290fi
2907 ti e-
0 TG
! 2900
ISO �I.k t 18'N . N%I /`. .7878 8
as st : -A a� aNi ° Z8 s
{7J "Ok ?� _ Za 9 �b 6p0 0.,%5 28102809 ?872 ?'�
�a��b 8+�, ?�Tr; Z�8 121
J T a{�O 1 1 \ Z
lip 14
b S
RR
'91
Arr, 1`
e
2600
S
J
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, 29"' Street, and Villa Way.
ROUTE PLANS
11240th Street, Units A and B
3960 -3980 Seashore Drive
4612 117.•' 124128' 133 4408 4402 ''�4M3 4 �5 - '�1
4604 -; 122; 131 - 46_4_ 4400 M43 6 l,l� 12141617/8 19 -
4600 ; I 1 15 ' r
116 '123127. .,140..,_ 4423 1p 2O f 29
112 21 i
4601 4510 115 t 21 y1 - 128> - 113 Y161 208 4313 �`_ 7 ' 8 9 22 - 27
4511 - 111 mil' 65. 122 .4' 131 + 206 " 213 303 1
4500.- i 127 . 204 211 ., 4210. 26
4 505 4503 -11214 �. 123 t)0 209:' 4206 24 25
4501 4412 115121 1A 128,,. 207 212 4204 4028
4411 311 �- f 122 - 1200 622 4016 ti -
4 131 206 ' 213 `. 4110 626 4020 11 40 /008'x'3
1407 4400 314 , i 123 129 204:`. 211 .. 4108 - 6184012 4004
4403 112 121 ..- ' . 4019 -_ --- 4006 4000 '
110 : - - - 130 205 5< ' 4106 4017 r -4002 3916
4311 Ili SS 126 -' 1P 212_ 4102 .4008 -
4 t t 1 122: :129 a1 208 - 4100: 611 " 403405 "
4307 109; 1,4 127 204 �;" 233 4007 X401 . "_ 408
114 - -'- 123 211 610
4303. t Z 121 -128 207 . 4006 ' 4003. 404
4301 4212 115 126 205 -� 212 4004 4001 400 .:
421 :. 11/ i' 122 210-11 1000 407
4200 _:' 125 206. 213. 3913 403
116 123 " 3912 401
`4203 r 112 121 - 211 3910. 3909
4201 4110 - -` 117 128
4111 124 205 1212 3901 3901•
4109 10911 122 r "129 208 3902,
4103' 116._.:='123127 2113 330!12 ~' 3809
4301. 114. 1Z1 1
4031 0115 128 205 _ -.3811 33806 . 3803
4009 111 122 _ - 212 3804 `
11e < :, 131 206 !:,. 37I4 r
4003. `123129 213
4001 121 810 .211 _
33951 :.:'11135 Z3 12428 309,' 3714 3711
00 '3907 109 yR' 122 3710 3709..
CF 3903. - 111 " 1231 29 E7 704 3701
_ 3901 ` I1Z * -.121 .
i - y1' 3831:3810 - -115 .124 37003609
'Lr. 111 y4 -'' 3713 3706 336184
3809 3804
5% 116 11620" 3705 `� 600 3608
3803. 132 ` 3703 3604
3801 3712. 1213701
3713 '% 139 .361]
3711 III j'- 4, 3707 3700 31'� 122 3609"', ,
3703 116 )"13605, .208
.��
3701 114 '` 3603
3610 - 123 3601 q
+ 3613 3612'-' 117 128 A
-.t. 3611 •... 36015 1
121 ILO "•.
3605 22
3603 '. 36112 16 123129
110 I1l 121
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 32n0 Street.
ROUTE PLANS
122 45"' Street, Units A & B
4500-4504 Seashore
49004828 48234815
•
4917 4824 4309
4911 4820
4906 275 4816 4801 ---- - -----
4812
4902 4831 * - • 4800 ly
4900 4821 - . , 4700 4509-----
4815 231 4625 511
4810 :227 4801 --.
:533
- 4808 •48 0 '4507 4525 45014547 4555
41820 4806 48001- 224 4709 -- ----- Ave 4521 4463` -
4812 218 4703 4701 ------ 543 4443
4804*- 4708 133 . 1446 4537 4411
4704 -,134142 - 4441
4805 4718 4700 130 138 - ' . 133 4510 ------ 44334402442144014493
4801 4714 -- 131 4508 4411 ---- 4423 2
1 , 4433
4506 4401 4
14711 4700 12226_.•123127
0 118 - lel ]2'.... 4419 '06
Q - -- 4616 - % e IN 44 4, 4402
470,3 - 119 135
44,A 4703 - 4612 115 10 4404
4608 2 133 - 4400
4611
, .. 132
46404 116 -:: ' ' --- ----------
4605 . -- 11Z 12 1 1 23 130 1-. -- . - a
4603 � In ,,, I. 20g4313
4601 1 133 1
Ob .1 3�
4511 11 131 213
4505 114 127 211 4210
12 �`2123 .--'130 Z09. '. 4206
4503 '11214
121 128 207 212 4204 4028
45MOI 115
4411 111 122 131 206 -213 4200
41,
4407 .x 114 123127 04 211 0 4.
4108 j
4403 112 - 121 I;k 130 2M 4106
44309 3 1 115 126 212 4102
111 �-129 208.
122 127 208 -�, 4100
- 206�- 211 ,
30 114 123 211_, 4010
4303 Ila - IZI 12a 7 ' '
t 1 4210 4006
113 124 5., .
4211 I .. 212
- .. III Izz 210
42
14200 125') 204 - 213
4 - - ." 116 123
203 all
112 121 1,-
4203 ,,4110 115 1 4 128. 205
4111 212
4109 111 0- % 122, 129 209
I- 123 127 206,
—
413 . 0
40101� tl 221 ' ' 207
4011 11 11 128 205
4009. 111 x 122
3 112 231
7
115 123,
1224.' "'
,
lie M
; 114 125
119
812
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, 45`" Street, and 44th Street.
ROUTE PLANS
4816 Seashore
4711 Seashore
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, 46th Street, Seashore, 51 51 Street, and River Avenue.
cD
.
Cb ;.
---------------
y
------ ,
aa(-
EL- Pt
}tia°
41 m
•
y1
n
Z
r
�
445ft
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, 46th Street, Seashore, 51 51 Street, and River Avenue.
ROUTE PLANS
5101 River
5004 Neptune, A & B
MQq 3 Cti0
•„•�•,,,,•_ ~ � I _ r -.AFRO � :'
ITT
QA-
a -51 51 -�, aa16
ah SIV -P
�r Gs
6F
$"I
y' r:
1 a
The primary route of travel between Sober Living by the Sea's administrative
offices in Cannery Village (2811 Villa Way) and these residential dwelling units is
along Balboa Boulevard, River Avenue, 50"' Street, Neptune, and 5151 Street.
ROUTE PLANS
6111 Seashore
6110 West Ocean Front
?'7 ryFy'a O 7a3
Oqr ,
ti
a 4 <� P b
90_0 '
pti...
P CIO
b ,• y �
y
O ya
CF.
!� .�`Ck,
S
0�113ft
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 Newport Boulevard, Coast Highway, Prospect, Ocean Front Alley W, 62nd
Street, and Seashore.
Zoning Agreement
Page 19 of 19
Exhibit G
Compliance Report Template
(Date 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 Newport Beach:
Peninsula Bed Count ADP License?
Property Address Zone? (
(Y or N) Y or N)
Peninsula Off Peninsula
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Total Bed Count
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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. 2009 -4 was duly and regularly introduced on the 27th day of January, 2009,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 10th day of February, 2009, and that the same was so passed and adopted by the
following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 11th day of February, 2009.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI 1. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2009 -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 daily newspaper of
general circulation on the following date, to wit: February 14, 2009.
Ord r {
In witness whereof, I have hereunto subscribed my name this day of
2009.
City Clerk Lj
City of Newport Beach, California