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HomeMy WebLinkAbout1 - Transitory Residential Uses - Extension of MoratoriumCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. i May 30, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Robin Clauson, City Attorney Ext. 3131, rclauson @city.newport- beach.ca.us Aaron Harp, Assistant City Attorney Ext. 3131, aharpacity.newport- beach.ca.us SUBJECT: INTERIM URGENCY ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW RESIDENTIAL USES THAT ARE TRANSITORY IN NATURE SUCH AS PAROLEE - PROBATIONER HOMES, SAFE HOUSES, UNLICENSED RESIDENTIAL CARE FACILITIES AND RESIDENTIAL CARE FACILITIES, GENERAL, AS WELL AS THE ISSUANCE OF NEW SHORT -TERM LODGING PERMITS IN ALL RESIDENTIAL ZONING DISTRICTS OF THE CITY ISSUE: Should the City extend the interim urgency ordinance establishing a temporary moratorium on the establishment and operation of new residential uses that are transitory in nature as well as the issuance of new short-term lodging permits? RECOMMENDED ACTION: Adopt the attached interim urgency ordinance which extends the temporary moratorium on the establishment and operation of residential uses that are transitory in nature for five (5) months and allows the moratorium on the issuance of new short-term lodging permits to expire on June 8, 2007, BACKGROUND: On April 24, 2007, the City Council adopted Ordinance No. 2007 -8 which imposed a moratorium on the establishment and operation of new group residential uses and the issuance of new short-term lodging permits. The City Council adopted Ordinance No. 2007 -8 based on information provided by citizens of Newport Beach to staff and at the Intense Residential Occupancy meetings. Specifically, the citizens of Newport Beach expressed significant concerns regarding the impacts that a proliferation of parolee /probationer, transient, group, non - residential, and commercial uses has on the community, including, but not limited to, impacts on traffic and parking, excessive delivery times and durations, the commercial use of public property, commercial and /or institutional services offered in private residences, more frequent trash collection, daily Proposed Interim Urgency Ordinance Regarding Uses in Residential Zoning Districts May 30, 2007 Page 2 arrival of staff who live off -site, loss of affordable rental housing, violation of boarding house and illegal dwelling unit regulations contained in the Municipal Code, obvious business operations in residences, secondhand smoke, use of illegal drugs, and nuisance behaviors such as excessive noise, litter, loud and offensive language and public drunkenness. In addition, the City Council adopted Ordinance No. 2007 -8 because the number of vacation rentals in the City, which are regulated by requiring a short-term lodging permit under Chapter 5.95, had increased in recent years. At the time Ordinance No. 2007 -8 was adopted, the City had issued short-term lodging permits for approximately 801 residential units on 527 parcels to use as transient rentals. Most of the short-term lodging permits are issued to owners of residential properties located in Residential Zoning Districts R1.5, R.2, and MFR. The City Council found that a moratorium on the issuance of short-term lodging permits was necessary so that the City could analyze the impacts of these uses and determine whether the current regulations adequately addressed these impacts. DISCUSSION: Group Residential Uses that are Transitory in Nature After adoption of Ordinance No. 2007 -8, Staff distributed questionnaires to determine the impacts caused by group residential uses, to the following areas of the City: • Location One: The 1100 and 1200 blocks of West Balboa and West Bay Avenue and the 1100 block of West Ocean Front; • Location Two: The central portions of the 1800 block of West Ocean Front and West Balboa Blvd.; and • Location Three: Portions of the 100 blocks of 38th and one side of 39th Street. Based on responses to the questionnaires, a distinct pattern emerged in Locations One, Two and Three regarding the impact of the group residential uses. Many licensed and unlicensed recovery facilities in those locations appear to be having a daily impact on parking and traffic in the area, either from cars and vans illegally parking in the alleys behind the homes on a daily basis, or from vans and other vehicles stopping in a traffic lane in the street to pick up residents. Based on the personal observations of their neighbors, many of these facilities use their garage spaces for uses other than parking. This appears to result in a dearth of passenger loading areas, and regular short-term illegal alley parking. Proposed Interim Urgency Ordinance Regarding Uses in Residential Zoning Districts May 30, 2007 Page 3 The group residential uses were also regularly reported as producing substantially more garbage than the surrounding residential uses, because of the density of the population. One facility is reportedly generating one commercial dumpster pickup daily, and another generates two commercial dumpsters three times per week. Smoking by facility residents of group residential uses was highlighted. In fact, in one questionnaire a respondent reported that "[The residents] all seem to smoke . . . continually and unrelentingly." Since this particular respondent has facilities in close proximity on either side of his house, the smoke entering his house has forced him to leave windows closed that normally would remain open. This situation, as well as litter caused by cigarette butts regularly thrown on their property, was reported by most immediate neighbors of recovery facilities answering the questionnaires. Many not -so- immediate neighbors reported regular cigarette butt litter attributable to the facilities on their property as well. In addition, frequent exposure to loud arguments and verbal exchanges (between residents, and between residents and supervising staff), foul language, and physical altercations between facility residents was also widely reported by those living near residential recovery facilities. In most locations, the most objectionable sustained noise was during the early morning, day and evening hours. With the exception of periodic medical emergency or police calls generated by one recovery facility, the majority (but not all) of recovery facilities were comparatively quiet late at night. The impacts of overconcentration were not addressed in the questionnaire because many were already known, but many residents commented on the problems of overconcentration. One resident in Location One noted that he was surrounded by recovery facilities on all four sides. A resident in Location Three noted that there were six recovery facilities in his immediate vicinity, and only five owner - occupied homes in the 100 block of 39th Street. Residents responding to questionnaires noted that they had informed recovery facility managers regarding these conditions; however, this did not generally result in long -term improvement of the situation. While most (but not all) residents who complained to recovery facility staff or management were told the problem would be addressed, the problem behaviors either continued or were repeated by new residents after a brief period of improvement. A copy of a report discussing the impact of the group residential uses that was prepared by Staff pursuant to Government Code Section 65858 is attached hereto ('Report"). Based on the impacts associated with group residential uses, the likelihood that new group residential uses will seek to be established in the City prior to the adoption of new regulations, and the need for Planning Commission review of the proposed ordinance modifying the regulation of group residential uses, the City Attorney recommends that the City Council extend the moratorium on the establishment and operation of group residential uses for five (5) months. If the City Council decides to take the Proposed Interim Urgency Ordinance Regarding Uses in Residential Zoning Districts May 30, 2007 Page 4 recommended action, Staff will draft an ordinance that incorporates the City Council's comments on the proposed changes to the short-term lodging regulations contained in the Report, and return to the Planning Commission with a proposed ordinance for review by the Planning Commission at the second Planning Commission meeting in June. The extension of the moratorium on group residential uses will not adversely impact the ability of the disabled to find housing in the City of Newport Beach because the City has a disproportionately high number of licensed and unlicensed residential group uses serving the disabled. Specifically, the City of Newport Beach: • Has 2.63 licensed recovery beds per thousand residents, the highest ratio of any city in Orange County; • Is home to only 2.7 — 2.8% of the total population of Orange County, but is host to approximately 14.6% of all licensed residential beds in the County; and • Has at least 22 licensed residential alcohol and drug treatment and recovery facilities. Those facilities provide a total of 219 licensed residential beds, and are licensed for a total occupancy of 244 individuals. Further, of the 34 cities in Orange County, 18 have no ADP - licensed residential beds at all, and six cities have only one or two licensed residential recovery facilities. Short -Term Lodging Uses As part of the process of determining impacts caused by short-term lodging uses, Staff distributed questionnaires to the same areas referenced above and to the northern portions of Topaz, Agate, and Opal on Balboa Island. In contrast to the responses received related to the group residential uses, the major complaint against renters of short-term occupancies was late -night noise. A majority of residents on the Balboa Peninsula who addressed short-term rental uses in their questionnaires characterized the renters as groups who came to the beach for a week of partying. Most of these residents also reported that the short-term rentals of these properties were managed by property management or real estate agencies. A number of residents reported that calls to the short-term rentals' property management agencies did not produce any improvement, and that the property management agencies were unresponsive to resident complaints. The quality of the property owner or property manager oversight and responsiveness to neighbor complaints appears to have significant impact on the impacts short-term rentals have in a neighborhood. Proposed Interim Urgency Ordinance Regarding Uses in Residential Zoning Districts May 30, 2007 Page 5 A majority of the residents on Balboa Island who responded to the questionnaires reported that the short-term lodging uses have no negative impact on the surrounding neighborhood. Given the extensive regulation of short term lodging uses that are already in place, that short-term lodging rentals provide alternative visitor accommodations and are supported by Coastal Land Use Plan Section 2.33 and Policy 2.7 -3, the limited number of new short-term lodging permits likely to be issued prior to the adoption of new regulations, the ability of the City to change the conditions for short-term lodging permits at any time, the nature of the impacts caused by short-term lodging uses, and the ability of the City Council to make modifications to the substantive regulations in an expedited manner, the City Attorney does not believe the moratorium should be extended for short-term lodging permits. If the City Council decides to take the recommended action, Staff will draft an ordinance that incorporates the City Council's comments on the proposed changes to the short-term lodging regulations contained in the Report, and return to City Council with a proposed ordinance by the second City Council meeting in June. LEGAL STANDARD: Pursuant to Government Code § 65858, the City Council may, after notice pursuant to Government Code Section 65090 and public hearing, extend an interim ordinance adopted pursuant to Government Code Section 65858 by a vote of four -fifths (4/5) majority of the members of the City Council. Further, Section 412 of the City Charter provides that "an emergency measure for preserving the public peace, health, or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five (5) affirmative votes." The maximum time period that the moratorium may be extended is 10 months and 15 days. ENVIRONMENTAL REVIEW: Environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and it prevents changes in the environment pending the completion of the contemplated municipal code review. PUBLIC NOTICE: Public notice was provided in accordance with all applicable laws. Proposed Interim Urgency Ordinance Regarding Uses in Residential Zoning Districts May 30, 2007 Page 6 ALTERNATIVES: 1. Do not adopt the ordinance extending the interim urgency ordinance establishing a temporary moratorium on the establishment and operation of new group residential uses and the issuance of short-term lodging permits. 2. Adopt the ordinance extending the interim urgency ordinance establishing a temporary moratorium on the establishment and operation of group residential uses for up to 10 months and 15 days. 3. Adopt the ordinance extending the interim urgency ordinance establishing a temporary moratorium on the establishment and operation of group residential uses and the issuance of short-term lodging permits for up to 10 months and 15 days. Prepared by: C", - Aaron Harp, Harp, Assistant City Attorney Submi ted by: i Robin Clauson, City Attorney Attachments: May 22, 2007 - Report Ordinance Extending a Temporary Moratorium on the Establishment and Operation of New Group Residential uses that are Transitory in Nature REPORT OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ON THE INTERIM URGENCY ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW RESIDENTIAL USES THAT ARE TRANSITORY IN NATURE SUCH AS PAROLEE - PROBATIONER HOMES, SAFE HOUSES, UNLICENSED RESIDENTIAL CARE FACILITIES AND RESIDENTIAL CARE FACILITIES, GENERAL, AS WELL AS THE ISSUANCE OF NEW SHORT -TERM LODGING PERMITS IN ALL RESIDENTIAL ZONING DISTRICTS OF THE CITY Introduction On April 24, 2007 after conducting a noticed public hearing, the City Council of the City of Newport Beach enacted Ordinance No. 2007 -8 an interim urgency ordinance adopting a temporary forty -five (45) day moratorium on the establishment and operation of new residential uses that are transitory in nature such as parolee - probationer homes, safe houses, unlicensed residential care facilities and residential care facilities, general, as well as the issuance of new short-term lodging permits in all residential zoning districts of the City. Pursuant to Government Code Section 65858, ten (10) days prior to the expiration of the moratorium, the City Council must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the moratorium. Accordingly, the City has prepared this report in satisfaction of the requirements of Section 65858. II. Background to the Adoption of the Interim Urgency Ordinance A. Group Residential Use Regulations. Prior to March 1997, the City's Zoning Code did not address group residential uses in residential districts. There were few definitions and regulations that could be directly applied to uses of this type. In 1997, the City introduced Zoning Code amendments which adopted a comprehensive land use classification system. This included classifications intended to address the state preemptions on City regulation of residential care facilities and group homes. Residential Care, General and Limited and Group Residential classifications were added to the Zoning Code, and a use permit requirement was established for Residential Care, General uses. Group Residential uses were prohibited in all residential zones. In October, 2004, the City again updated its Zoning Code in an attempt to improve City restrictions on residential care facilities and reflect changes in the federal case law affecting cities' ability to regulate these facilities. After a nine - month period of public hearings and input from many residents of Newport Beach and local recovery facility operators, the Zoning Code was revised to prohibit Residential Care, General facilities from locating in any R -1 district. The 1 amendment also replaced the use permit process with a Federal Exception Permit (FEP) process for Residential Care, General and established a definition of the term "campus." B. Short-term Lodging Regulations. Prior to 1992, the City's Municipal Code did not address short-term lodging uses. In 1992, the City Council first adopted the Short-term Lodging Ordinance which added Chapter 5.95 to the Municipal Code. Chapter 5.95 was added to the Municipal Code in an effort to regulate the long- standing practice of many property owners to rent dwelling units on a weekly basis in the summer and on a monthly basis for the remainder of the year. From 1992 to 2004, most of the short-term lodging permits were issued for dwelling units in the R1.5, R -2 and MFR zones which are residential uses with relatively high densities. In 2004, staff became concerned that the issuance of permits for dwelling units in R -1 zones could change the character of those neighborhoods. Based thereon, the City Council adopted an ordinance amending Chapter 5.95 to prohibit the issuance of new permits subsequent to June 1, 2004 for dwelling units in areas zoned R -1 or the equivalent. The amendment did not impact existing permits. C. Moratorium. In 2006, the City of Newport Beach adopted a new General Plan and the voters adopted a new Land Use Plan. The General Plan includes a vision statement that provides a framework or vision for the City. The first vision is to Preserve Community Character and provides that "We have preserved our character as a beautiful, unique residential community with diverse upland and coastal neighborhoods. We value our colorful past, the quality of life, and our community bonds. The successful balancing of the needs of residents, businesses and visitors has been accomplished with the recognition that Newport Beach is primarily a residential community." After adopting the new General Plan, the City received evidence that the number of group residential uses located in the residential neighborhoods was increasing. These transitory group residential uses operate more like institutional and boarding housing uses rather than as single housekeeping units. Most of the group residential uses that are operating in the City have concentrated in Residential Zoning Districts R1.5, R -2 and MFR. This change from traditional residential uses where people live as single housekeeping units to institutional /business uses in residentially zoned areas is changing the unique character and balance of Newport Beach's residential neighborhoods, violating the General Plan's vision that seeks to retain Newport Beach as primarily a residential community, and in many cases placing incompatible uses in residential neighborhoods, contrary to the policies in the City's Land Use Element (Policies LU 1.1, LU 5.1.1, LU 6.2.6 and LU 6.2.7). 2 On January 23, 2007, the City Council adopted Resolution No. 2007 -5 forming the City Council- Citizens Advisory Committee on Intense Residential Occupancy. The City Council determined that formation of the committee was necessary because of the adverse impact the group residential uses were having on residential neighborhoods. Specifically, the City Council found that when these facilities are poorly managed, they can operate more like an intense institutional use and create adverse impacts inconsistent with residential neighborhoods such as parking problems, excessive delivery times and durations, nuisances such as excessive noise, obvious business operations over and above those authorized for residential uses, second hand smoke and other impacts. On February 13, 2007, the City Council adopted Resolution No. 2007 -10 initiating an amendment to Title 20 of the Newport Beach Municipal Code to revise land use classifications and definitions related to residential care facilities. Resolution No. 2007 -10 was adopted based on concerns that the Municipal Code's regulation of residential care facilities did not conform with State law. On April 24, 2007, the City Council adopted Resolution No. 2007 -8 which imposed a moratorium on the establishment and operation of new group residential uses and the issuance of new short-term lodging permits. The City Council adopted Resolution No. 2007 -8 based on information provided by citizens of Newport Beach to staff and at the Intense Residential Occupancy meetings. Specifically, the citizens of Newport Beach expressed significant concerns regarding the impacts that a proliferation of parolee /probationer, transient, group, non - residential, and commercial uses has on the community, including, but not limited to, impacts on traffic and parking, excessive delivery times and durations, the commercial use of public property, commercial and /or institutional services offered in private residences, more frequent trash collection, daily arrival of staff who live off -site, loss of affordable rental housing, violation of boarding house and illegal dwelling unit regulations contained in the Municipal Code, obvious business operations in residences, secondhand smoke, use of illegal drugs, and nuisance behaviors such as excessive noise, litter, loud and offensive language and public drunkenness. In addition, the City Council adopted Resolution No. 2007 -8 because the number of vacation rentals in the City, which are regulated by requiring a short- term lodging permit under Chapter 5.95, had increased in recent years. At the time Resolution No. 2007 -8 was adopted, the City had issued short-term lodging permits for approximately 801 residential units on 527 parcels to use as transient rentals. Most of the short-term lodging permits are issued to owners of residential properties located in Residential Zoning Districts R1.5, R.2, and MFR. The City Council found that a moratorium on the issuance of short-term lodging permits was necessary so that the City could analyze the impacts of these uses and determine whether the current regulations adequately addressed these impacts. 3 III. Measures Taken Since the Adoption of the Interim Urgency Ordinance A. Questionnaire Distributed by City. 1. Background. To help Staff determine the impact of group residential and short-term lodging uses, the City Attorneys Office distributed a questionnaire to residents residing in the following blocks of the City: • Location One: The 1100 and 1200 blocks of West Balboa and West Bay Avenue and 1100 block of West Ocean Front; • Location Two: The central portions of the 1800 block of West Ocean Front and West Balboa Blvd; • Location Three: Portions of the 100 blocks of 38th and one side of 39th Street; and • Location Four: The northern portions of Topaz, Agate, and Opal on Balboa Island. The four locations were selected because staff determined that the best way to determine the impacts of the group residential and short-term lodging uses was to pick specific areas where there is high density of these uses. The first three locations were selected because they had both high density of recovery facilities and short-term rentals, and residents there were likely to be in a good position to offer insight on the relative impacts of the different types of uses. The Balboa Island location was selected because it has a number of short- term rentals, but no known recovery facilities. Residents of Balboa Island were in a position to offer first -hand accounts of the impacts of short-term renters in a different residential setting. When residents expressed a desire to have the questionnaire more widely available, the questionnaire was posted on the City website, additional copies were made available through City offices, multiple copies were delivered or distributed to residents, and the deadline for responding to the questionnaire was extended. Questionnaires, letters, emails and phone calls from residents from additional streets in West and Central Newport, Newport Heights and Santa Ana Heights were sent to the City as well. As of the deadline of 4:00 PM Monday, May 14, of the nearly 400 questionnaires distributed, 47 were completed and returned. Although questionnaires were distributed to recovery facilities in Locations One, Two and Three as well, no response was received from any recovery facility as of the May 14th deadline. Both the Planning Department and the City Attorney's Office appreciate the valuable time the residents took to fill out these lengthy and detailed forms. The information submitted by residents in this format appears to be fact - based, 12 and is credible. A large percentage of the questionnaires were returned by persons who have not communicated with the City on these issues before. 2. Summary of Information Contained in Questionnaires. Based on the questionnaires, a distinct pattern emerged in Locations One, Two and Three regarding the impact of the group residential uses. Many licensed and unlicensed recovery facilities in those locations appear to be having a daily impact on parking and traffic in the area, either from cars and vans illegally parking in the alleys behind the homes on a daily basis, or from vans and other vehicles stopping in a traffic lane in the street to pick up residents. Based on the personal observations of their neighbors, many of these facilities use their garage spaces for uses other than parking. This appears to result in a dearth of passenger loading areas, and regular short-term illegal alley parking. The group residential uses were also regularly reported as producing substantially more garbage than the surrounding residential uses, because of the density of the population. One facility is reportedly generating one commercial dumpster pickup daily, and another generates two commercial dumpsters three times per week. Smoking by facility residents of group residential uses was highlighted. In fact, in one questionnaire a respondent reported that "[The residents] all seem to smoke ... continually and unrelentingly." Since this particular respondent has facilities in close proximity on either side of his house, the smoke entering his house has forced him to leave windows closed that normally would remain open. This situation, as well as litter caused by cigarette butts regularly thrown on their property, was reported by most immediate neighbors of recovery facilities answering the questionnaires. Many not -so- immediate neighbors reported regular cigarette butt litter attributable to the facilities on their property as well. In addition, frequent exposure to loud arguments and verbal exchanges (between residents, and between residents and supervising staff), foul language, and physical altercations between facility residents was also widely reported by those living near residential recovery facilities. In most locations, the most objectionable sustained noise was during the early morning, day and evening hours. With the exception of periodic medical emergency or police calls generated by one recovery facility, the majority (but not all) of recovery facilities were comparatively quiet late at night. The impacts of overconcentration were not addressed in the questionnaire because many were already known, but many residents commented on the problems of overconcentration. One resident in Location One noted that he was surrounded by recovery facilities on all four sides. A resident in Location Three noted that there were six recovery facilities in his immediate vicinity, and only five owner - occupied homes in the 100 block of 39th Street. Residents responding to questionnaires noted that they had informed recovery facility managers regarding these conditions; however, this did not 5 generally result in long -term improvement of the situation. While most (but not all) residents who complained to recovery facility staff or management were told the problem would be addressed, the problem behaviors either continued or were repeated by new residents after a brief period of improvement. By contrast, the major complaint against renters of short-term occupancies was late -night noise. A majority of residents in Locations One and Three who addressed short-term rental uses characterized the renters as groups who came to the beach for a week of partying. Most of these residents also reported that the short-term rentals of these properties were managed by property management or real estate agencies. A number of residents reported that calls to the short-term rentals' property management agencies did not produce any improvement, and that the property management agencies were unresponsive to resident complaints. The quality of the property owner or property manager oversight and responsiveness to neighbor complaints appears to have significant impact on the impacts short-term rentals have in a neighborhood. Some residents at Location Two stated that they lived near short-term rental units that were mainly rented to families, and these residents reported a reduced intensity of impacts that could be dealt with by direct contact with the renters. Illegal parking in the alley and late evening parties were reported at these locations, but ceased when residents drew the renters' attention to the neighborhood impacts or reported incidents to property managers. The property owners, property managers and residents in Location Four, on Balboa Island, reported a completely different situation. Not one of the 12 completed questionnaires received from Balboa Island produced a complaint about short-term renters. In general, the summer renters choosing to rent on Balboa Island were described as having no negative impact on the surrounding neighborhood. More widespread complaints from Balboa Island were impacts from construction activity, long -term parking by passengers of the Catalina Flyer, noise from commercial party boats in the harbor, and the daily summer pickups and drop - offs of Junior Lifeguards. 3. Impact by Location. The following is a more detailed look at the case studies at each location, and selected quotes from questionnaire respondents in that area: (i) Location One: the 1100 and 1200 blocks of West Balboa and West Bay Avenue and 1100 block of West Ocean Front H RESIDENTIAL RECOVERY FACILITIES Staff and Services • Group residential uses appear to have on -site staff as well as staff that appeared to arrive daily from offsite at the licensed facilities. No staff were identified in the questionnaires related to unlicensed facilities. One person noted that "[Group residential staff] are quick to respond (to complaints), but changes are only temporary ... " Parking and Traffic • At one location (1216 W. Balboa Blvd.), neighbors reported that illegal parking in the alley was a daily occurrence, partly due to the fact that the garage had been converted to other uses. A neighbor who complained to this facility's management about early morning noise from residents being loaded into vans in the alley got quick response from the facility's management. The van loading functions were moved to the front of the facility, on Balboa Blvd. However, other neighbors now report that the vans periodically block traffic lanes adjacent to the facility while loading residents on Balboa Blvd. • The pattern of illegal vehicle parking in the alley was reported at two other facilities in the Location One case study area. Noise • Gathering outside, talking loudly, yelling, and /or arguing with other residents or staff, extensive cell phone conversations in the alleys, and vulgar language. Most respondents from Location One described the noise level as "high," and either reported that the noise went on day and night, or that it began at 7:00 AM and tapered off at 11:00 PM. Trash • Neighbors described the amount of trash generated at all recovery facilities in Location One as substantially in excess of that generated by surrounding residential uses. One neighbor reported daily commercial trash pickup at 1216 West Balboa. Smoking • All respondents in Location One reported that residents at every recovery facility smoked, that cigarette butts were thrown on their property ( "on an hourly basis," one resident said) and all but two reported that smoke from the recovery facilities entered their properties. 7 • Most residents reported that they and the members of their households were non - smokers, and found the second -hand smoke very bothersome. Even the one Location One respondent who stated that a member of his household smoked objected to the volume of smoke entering his house from the neighboring recovery facility. A number of neighbors keep their windows shut as a result. • One resident found smoldering cigarette butts on his property near the gas meter which he attributed to residents of the recovery facility next door. Another reported a fire had occurred at the 1216 West Balboa recovery facility and expressed concern for the safety of the 29 recovery facility residents. Resident Conduct • Residents objected to vulgar language, inappropriate attention to female neighbors, and recovery facility residents with apparent unstructured time wandering unsupervised throughout the immediate neighborhood. • One neighbor reported being approached by persons still under the influence who were seeking a recovery facility. Another reported a late night ambulance call after a recovery facility resident overdosed. Crime • One resident discovered recovery facility residents smoking pot on his property. Other • Another resident reported that when he asked a recovery facility manager where he was taking a plate of food, the recovery facility manager told him that one of the former recovery facility clients had relapsed and had been removed from the recovery facility. Since the former facility client was from out of the area and had no resources, he was living in a Newport Beach park nearby. SHORT -TERM OCCUPANCIES Noise and Resident Conduct • Respondents at Location One addressing short-term occupancies described the noise from the vacation rentals near them as worse than the noise at the recovery facilities, and described the property management agency managing the property as unresponsive. Vacation rental noise appeared to offend mainly in the evening and late -night hours. 0 • One neighbor noted that, for his property, rental property residents returning home late at night after area bars closed created more intrusive late -night disruptions than recovery facilities. Parking — some issues reported but not described. Trash - in excess of that produced by surrounding long -term residents. OTHER COMMERCIAL USES IN NEIGHBORHOOD • Several questionnaire respondents from this area reported that they worked from home. No complaints have been received by the City about the impact of the respondents' commercial activities in their residential neighborhood. Therefore, it is reasonable to assume that these business activities are being conducted without external impacts on the surrounding residential neighborhood, as contemplated by the City's home occupation ordinance. (ii.) Location Two: the 1800 block of West Ocean Front and West Balboa Blvd. RESIDENTIAL RECOVERY FACILITY Staff and Services • Staff lives onsite at this recovery facility, and more staff arrives daily, including an employee who has described herself to neighbors as the receptionist, and a house manager. The exact number of staff is unknown. However, neighbors report that large numbers of persons (status unknown) either are brought to the recovery facility, or return to the recovery facility, each morning. • Office functions appear extensive, based on resident - reported daily visits from UPS. Fedex deliveries are reported one to two times daily. A neighboring resident interviewed the block's regular mailman, who reported that this recovery facility received so much mail that he made a daily separate trip in the morning just to deliver this facility's mail, and returned later in the afternoon with the rest of the route's mail deliveries. • Southern California Produce delivers food two times a week, and Sysco delivers food to the recovery facility two times a week. • Laundry and linens are taken away from and returned to the recovery facility by a commercial laundry service. • Because of shortage of onsite parking (three onsite parking spaces), delivery and service vehicles park illegally in the alley behind the facility. 9 Massage services appear to be provided onsite, and an employee identified as a cook lives onsite. Parking and Traffic • Parking and traffic infractions from commercial service pickups and deliveries are detailed above, and residents emphasized that they generally at least partially block traffic. • Residents, and /or staff are brought to and from the site more than once a day in vans. Some vans park onsite, some park illegally in the alley behind the house on a short-term basis while loading and unloading individuals. One neighbor reported six vehicles associated with the recovery facility parking onsite each day. Staff appear to park on adjacent streets and walk to the recovery facility as well. Noise • "It's a din," one resident reported. Residents at least two houses away from the recovery facility can hear the morning roll call and evening meetings. Noise begins at 7:30 AM or 8:00 AM and continues until around 10:00 PM. • During the day, the movement of the recovery facilities occupants up and down the exterior stairs was described as "constant." During a one -hour period, a neighbor counted 151 trips made up and down the recovery facility stairs by its residents. • Residents describe regular Friday night meetings at the recovery facility, with loud applause, stomping of feet and yelling. • One next -door neighbor provided photos of the interior of their family's house, with six -inch soundproofing material installed where windows and doors adjacent to the recovery facility were located. Trash • Waste Management performs commercial trash pickups, removing trash from two full -sized dumpsters three times a week. Smoking • Complaints about smoking from this location have been ongoing for at least the past four years. The facility has apparently attempted to address the complaints by not allowing smoking outside on the facility's premises, but residents still report daily second -hand smoke and cigarette butts generated by the recovery facility's residents and staff. Immediately adjacent neighbors and more distant downwind neighbors report that they im keep their windows on the recovery facility's side of the building shut, to minimize intrusions from smoke and noise. Smoking on the beach by recovery facility residents is also reported. Resident Conduct • Neighbors report that the management of this recovery facility appears to be making an effort to improve the recovery facility's relationship with the surrounding neighborhood. Management has recently escorted recovery facility's residents throughout the neighborhood picking up trash, and cigarette butts are picked up upon neighbor request. • Neighbors report regular use of audible profanity, usually directed at others within the recovery facility. Neighbors feel the homes immediately next door to the recovery facility have become next to uninhabitable, and have not attempted to rent them. The only full -time resident of the oceanfront homes immediately adjacent to the recovery facility does not use the door adjacent to the recovery facility, but has entered through a first -story window on the other side of the building for at least three years. Crime • On May 4, 2007, residents of the 1900 block of West Ocean Front had to call for police assistance when a recovery facility resident ran from the facility, smashed a patio table at one residence in the 1900 block, and threw a table leg at the window of the reporting resident's property. It is unknown at this time whether the police were able to locate the recovery facility resident. SHORT -TERM OCCUPANCIES Staff and Services • Cleaning services arrive once a week for a few hours during weekly tenant shift. Cleaning staff park legally on rental facilities' onsite parking and do not block traffic. Noise, Parking and Resident Conduct • While there were several short-term rentals on the 1800 block, long -term residents report they produce comparatively minor impacts. At one recovery facility, new weekly renters temporarily block alley access during unloading every week, but do not repeat the pattern when told by neighbors that this is not an acceptable practice. Complaints about nighttime gathering noise have been handled promptly by the property management agency or personal contacts by neighbors. 11 On the 1900 block, by contrast, a resident stated that property management firms have been at best "grudgingly responsive" to complaints about noise, trash and parking at two short-term rental locations near his property. As this resident described it, "Each Saturday in the summer 2 noisy, raucous groups of strangers move into each short- term facility to party for a week." The resident also reports that at least three to four times per week, weekly renters park in the alley or behind the garages of long -term residents, blocking resident egress and traffic. Second hand smoke and some cigarette butt litter were also reported on the 1900 block. OTHER COMMERCIAL USES • None reported, but neighbors who were asked said they had no impacts from use of the beach and sidewalk in their immediate vicinity for City recreation camps and activities. (iii.) Location Three: 38th and 39th Streets RESIDENTIAL RECOVERY FACILITIES Staff and Services • Some recovery facilities have staff living onsite, some do not. In two locations, staff has been responsive to neighbor complaints. In two others, staff has been notably unresponsive. • Transportation services via recovery facility vehicles appear to be provided at almost all recovery facilities. • Onsite services provided at three recovery facilities include daily cleaning services. Parking and Traffic • One accident has been attributed to a recovery facility's van blocking traffic on 39th Street while dropping or picking up recovery facility residents. • Traffic blockages on 39th Street due to recovery facility vehicles stopping in front of their facilities were reported to be frequent. • Residents report that at an adjacent sober living facility, as many as 10 vehicles can be associated with the residence (which has two onsite parking spaces) at any given time. 12 Noise • Reports of noise from the recovery facilities varied, depending on the facility operators. Two facilities on 39th Street appeared to be particularly egregious in the amount of noise and profanity used by its residents, and in the late hours such noise is reported. Loud arguments and yelling between recovery facility residents was also reported. Trash • Trash produced by the recovery facilities was generally reported to be extensive by all residents responding in this location, and the high number of resulting flies was mentioned more than once. Smoking • Smoking was reported to be almost universal at the recovery facilities. One resident reported counting 25 individuals on a recovery facility balcony smoking at one time. The same resident reports that he found a burning AA 12 -step book in his trash can. • Another (non- smoking) resident reported being asked repeatedly for cigarettes and once for beer by recovery facility residents. • Windows are reportedly kept closed, and some neighbors do not use their patios because of smoke and noise. Resident Conduct • Conduct varies according to recovery facility. Two recovery facilities were identified as having residents with consistent problem behaviors. Recovery facilities which neighbors had fewer objections to also had their share of complaints about loud profanity. Crime • One resident reported finding syringes and other drug paraphernalia in the side yard between his property and the sober living facility next door, as well as witnessing what he believed were drug sales in the alley behind that same recovery facility. That resident also personally witnessed a resident at another recovery facility on 39th Street exposing himself; the offending party was removed from the facility when the resident reported the behavior to the recovery facility's management. 13 SHORT -TERM OCCUPANCIES Noise and Resident Conduct • The main impacts reported for short-term occupancies in Location Three were that two nearby properties were being used as short-term rentals, an excessive amount of noise was produced by parties at those locations, and the property management company in control of those properties "will not respond to noise complaints." (iv.) Location Four: Balboa Island (portions of Opal, Agate and Topaz) SHORT -TERM OCCUPANCIES No Impacts Reported • Of the twelve questionnaire responses received from Balboa Island by the deadline, there was not one complaint about short-term renters. • Residents, property owners and property management firms were consistent in their message that no negative impacts were generated on Balboa Island from short-term renters. • Noise produced by short-term renters was described as anything from nonexistent to "music, conversation and laughter." • Any complaints, residents reported, were promptly handled by the owner or property management firm to the complainant's satisfaction. • Cleaning and maintenance services and parking availability were described as similar to that used at surrounding long -term residences. OTHER COMMERCIAL USES Noise, Traffic and Parking • Questionnaire respondents had a number of complaints about other commercial impacts: traffic and noise issues associated with new home construction on the island, passengers on the Catalina Flyer parking their cars on the island and leaving them there up to a week, parents of Junior Lifeguards dropping off and picking up their children, and noise from commercial dinner cruise yachts in Newport Harbor. B. Disturbance Advisement Cards. During 2006, the Newport Beach Police Department distributed 501 disturbance advisement cards based on loud parties at residences in the City. T Thirty of these cards were distributed to properties that have short-term lodging permits (of the 30, 23 were distributed from May through September). C. Expert Analysis of Group Residential Care Facilities. As part of the City's review of the group residential care facilities, the City has retained Dr. Michael Gales to prepare a report analyzing what services are a necessary component of recovery from addiction to alcohol and /or drugs, what reasonable accommodations are necessary for the recovery from these type of addictions and what policies and procedures are implemented by well run facilities. Staff will present Dr. Gales' report regarding these matters to the City Council as soon as it is available. D. Regulation of Group Residential Uses. 1. Identification of Group Residential Uses. Currently, the total number of known licensed alcohol and drug recovery and treatment facilities and sober living homes is 73 units on 34 parcels (i.e. Licensed Residential Treatment Facilities = 48 units on 18 parcels and Sober Living Facilities = 25 units on 18 parcels.) The majority of these group residential facilities are located in the area adjacent to the beach from the Santa Ana River Jetty to the Balboa Pier. Staff is in the process of investigating whether additional group residential facilities are located in the City. (A map showing the location of the parcels identified as having group residential uses is attached hereto as Exhibit A.) 2. Proposed Regulation of Group Residential Uses. To assist the City Attorney in analyzing the regulation of group residential uses, the City Attorney's office retained Polly Marshall of Goldfarb Lipman, LLP, to conduct analysis of the current regulation of group residential uses and to propose changes to the regulations. Her memorandum and proposed changes to the current regulations is attached hereto as Exhibit B. 3. Moratorium. Given the likelihood that additional uses will seek to be established prior to the adoption of regulations, the nature of the impacts caused by group residential uses, and the need for Planning Commission review, the City Attorney recommends that the City Council extend the moratorium for five months and direct staff to prepare an ordinance for consideration by the Planning Commission by the second Planning Commission meeting in June. 15 E. Regulation of Short -Term Lodging Uses. 1. Identification of Short -Term Lodging Uses. Currently, the City has issued short-term lodging permits for approximately 801 residential units on 527 parcels to use as transient rentals. The majority of the short-term lodging permits have been issued to owners of properties located in the area adjacent to the beach from the Santa Ana River Jetty to the Wedge and on Balboa Island. (A map showing the location of the parcels identified as having short-term lodging permits is attached hereto as Exhibit C.) Based on information obtained by staff and interviews with Mr. Craig Batley of Burr White Realty, it appears there have been significant changes in the short-term lodging rental business since the original regulations were adopted in 1992. First, while the majority of short-term rentals are still offered for rental during the summer months and on a month -to -month basis the remainder of the year, many short-term rental properties are now offered for short-term lodging purposes year round. This decreases the number of month -to -month rentals in non - summer months and increases the number of weekly rentals. The peak periods for short-term lodging purposes still encompasses the summer months from the Friday before Memorial Day through Labor Day. However, there has been an increasing demand for short-term rentals throughout the year especially during the following time periods: Thanksgiving week; the last two weeks of December through the first week in January; and March through April. In recent years, the peak periods have expanded to cover the entire months of March and April due to the fluctuation in the scheduling of spring break by schools. In addition, while many individual property owners still manage their own short-term rental properties, the rental market for short-term lodging uses is now dominated by property management companies. For instance, Burr White Realty reports that it currently manages approximately 200 properties that are offered for short-term lodging uses. The following information on the process of short-term rental management was reported by Mr. Batley. Through the use of agreements with the owners, Burr White Realty obtains exclusive use of the property for fixed periods of time. The company then markets the properties based on the maximum occupancy for the property, which is set by the company based on the number of beds available, location, and amenities. The short-term lodging agreement entered into by Burr White with the short-term renters requires a substantial deposit to ensure that the person complies with the terms of the agreement, the property is not damaged, and fines for violations of the Newport Beach Municipal Code are paid. The terms of the agreement require the short-term renter to disclose who will be occupying the property, prohibit the sole occupants of the premises from being under the age of 21, prohibit smoking inside the residence, prohibit pets, limit the number of 16 guests that can be at the property during the day to three times the bed limit, regulate parking at the premises, prohibit the blocking of garages, prohibit the disturbance of neighboring property owners and other nuisances, and prohibit the violation of any laws, including the Newport Beach Municipal Code. At Burr White, the person that executes the rental agreement is required to check -in at the office. At check -in, the person is reportedly informed of City regulations and procedures related to loud parties, noise, parking, and trash pickup. According to Mr. Batley, if a guest violates the terms of the short-term rental agreement, the agency takes action to have them removed from the property. Many of the residences offered as short-term rentals are reported to be rented to repeat customers that stay at the residences several times a year or annually. The company also maintains a database of its past customers and references whether there were any issues related to the customer based on their previous stay. If there were problems, the company states that it analyzes whether the company should enter into another agreement with that person or what conditions should be added to the agreement. 2. Current Regulation of Short-Term Lodging Uses. Currently, the City regulates short-term lodging through the issuance of short-term lodging permits pursuant to Chapter 5.95. Every owner of a property who wishes to rent their property for a short-term use (i.e. 30 days or less) is required to have a short-term lodging permit. An owner may retain an agent or a representative to comply with the requirements of Chapter 5.95; however, the permit may only be issued to the owner of the short-term lodging unit and the owner is responsible for any failure of an agent to comply with Chapter 5.95. Any permit issued pursuant to Chapter 5.95 is subject to the following standard conditions: A. The owner shall, by written or oral agreement, limit overnight, occupancy of the short-term lodging unit to a specific number of occupants, with the number of occupants not to exceed that permitted by the provisions of Title 15 of the Newport Beach Municipal Code. B. The owner shall use best efforts to insure that the occupants and /or guests of the short-term lodging unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of the Municipal Code or any State Law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs. C. The owner shall, upon notification that occupants and /or guests of his /her short-term lodging unit have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of the Municipal Code or State law pertaining to noise, disorderly conduct, the consumption of alcohol or 17 the use of illegal drugs, promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests. D. The owner of the short-term lodging unit shall use best efforts to insure compliance with all the provisions of Title 6 of the Newport Beach Municipal Code (garbage, refuse and cuttings). E. The owner of the short-term lodging unit shall post a copy of the permit and a copy of the conditions set forth in the Newport Beach Municipal Code in a conspicuous place within the unit. F. With respect to any short-term lodging unit that is located in any Safety Enhancement Zone, the owner of the unit and any agent retained by the owner shall take immediate action during the period that the Safety Enhancement Zone is in effect to prevent occupants or guests from engaging in disorderly conduct or committing violations of the Newport Beach Municipal Code or State law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs. In addition to the standard conditions, the City Manager has the authority to impose additional standard conditions, applicable to all short-term lodging units, as necessary to achieve the objectives of Chapter 5.95 or to impose additional conditions on any permit in the event of any violation of the conditions of the permit or the provisions of Chapter 5.95. The Newport Beach Municipal Code also provides for penalties for violation of the conditions of approval and /or the revocation of the short-term lodging permit. The operation of a short-term lodging without a valid permit is a misdemeanor under the provisions of the Newport Beach Municipal Code. 3. Proposed Regulation of Short -Term Lodging Uses. As set forth above, short-term lodgings are currently regulated by Chapter 5.95. Proposed changes to the Short-term Lodging Regulations are as follows: • Section 20.05.030 (Use Classifications): Add a use classification for vacation home rentals - short-term lodgings. (See, Exhibit B.) • Section 20.10.020 (Residential Districts: Land Use Regulations): Add vacation home rentals (short-term lodgings) to allow vacation home rentals in all R -1.5, R -2, and MFR Districts by right subject to obtaining a short-term lodging permit. • Chapter 5.95 (Short-Term Lodging Permits): A global change should be made to refer to the "Finance Director" as 'Revenue Manager." W. • Section 5.95.005 (Purpose and Findings): Add language to: Note the long tradition of vacation homes. Note the positive fiscal impacts of short-term rentals. Reference Coastal Land Use Plan Section 2.33 and Policy 2.7 -3, which support the short-term rentals as alternative visitor accommodations pursuant to permits and standard conditions that ensure the rentals will not interfere with public access and enjoyment of coastal resources. • Section 5.95.010(A) (Definitions): change reference to Section 20.87.140 to Section 20.03.030. Add definition of "guest' to describe renters of properties offered for short-term lodging. • Section 5.95.020 (Permit): Add to this section a requirement that any managing agency, agent, or property manager of short-term lodgings be required to obtain short-term lodging management permit. Add a permit fee to cover costs associated with the permit as set by City Council resolution. • Section 5.95.025 (Agency): Revise this section to make both the owner and his/her manager /operator responsible for compliance with Municipal Code and permit conditions. • New Section 5.95.045 (Notice): Add a new section requiring notice that the property will be used for short-term lodgings and provide contact information to all property owners within 100 feet of the property. Notification will also be required upon permit renewal or if contact information changes. • Revise Section 5.95.050 (Conditions): Revise section to include the following: Require a written rental or lease agreement; limit one per unit. Require rental /lease agreements to be for a period of not less than 3 days and not more than 30 days. Remove the option of oral agreement to limit overnight occupancy. Limit overnight occupancy to 2 persons per bedroom (plus 2 other persons). City would have the right to conditionally approve an increase in occupancy if a management plan was submitted showing how the property can physically accommodate more people. 19 Require all occupants be listed on the rental /lease agreement. Require both the owner and his /her manager /operator to take reasonable steps to avoid and correct unreasonable noise, disturbances, disorderly conduct, violations of law, etc. Exterior posting of contact information. This requirement could be optional if the owner /operator provides notice in accordance with Section 5.95.045. Require owner or managing agent to provide a 24 hour contact and respond within two hours of complaint. Limit the total number of vehicles associated with a short- term lodging property to the total number of parking places available at the site plus one. Require owner and his /her manager /operator to disclose relevant local ordinances such as loud party ordinance and other relevant information such as trash collection services to guests. Require all advertisements to disclose the owner or his /her manager /operator City permit number. • New Section 5.95.055 (Inspections): Add a new section requiring inspections for code compliance prior to the initial issuance of the permit and upon every other renewal (i.e. every 4 years). • Section 5.95.060 (Violations): Revise section to: Make both the owner and his /her manager /operator subject to fines for failure to comply with Municipal Code and conditions of permit. Add the option of requiring a management plan with the third violation in 12 months. Add management permit to revocation procedures for violations. • Section 5.95.060 (Penalties): Revise section to: Make it a misdemeanor to manage a property without a management permit. 20 4. Moratorium. Given the extensive regulation already in place, the limited number of new short-term lodging permits likely to be issued prior to the adoption of new regulations, the ability of the City to change the conditions for short-term lodging permits at any time, the nature of the impacts caused by short-term lodgings, and the ability of the City Council to make modifications to the substantive regulations in an expedited manner, the City Attorney does not believe the moratorium should be extended for short—term lodging permits. Rather, the City Attorney's advice to the City Council is to direct staff to make the proposed changes and have an ordinance ready for first reading by the second meeting of the City Council in June 2007. 21 ORDINANCE NO. 2007- AN INTERIM URGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH, CALIFORNIA, MAKING FINDINGS AND EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW RESIDENTIAL USES THAT ARE TRANSITORY IN NATURE SUCH AS PAROLEE - PROBATIONER HOMES, SAFE HOUSES, UNLICENSED RESIDENTIAL CARE FACILITIES AND RESIDENTIAL CARE FACILITIES, GENERAL, IN ALL RESIDENTIAL ZONING DISTRICTS OF THE CITY WHEREAS, on April 24, 2007 at a regular meeting of the City Council, the City Council adopted Ordinance No. 2007 -8 an interim urgency ordinance adopting a temporary forty -five (45) day moratorium on the establishment and operation of new group residential uses that are transitory in nature such as parolee - probationer homes, safe houses, unlicensed residential care facilities and residential care facilities, general, in all residential zoning districts of the City; and WHEREAS, Section 200 of the 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 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; and WHEREAS, Government Code Section 65858 provides that after notice pursuant to Government Code Section 65090 and public hearing, the City Council may extend an interim ordinance adopted pursuant to Government Code Section 65858 up to 10 months and 15 days by a vote of four -fifths (415) majority of the members of the City Council; and WHEREAS, Section 412 of the City Charter provides for the adoption as an emergency measure an interim ordinance to preserve the public peace, health or safety by a vote of at least five (5) City Council members; and WHEREAS, in 2006 the City of Newport Beach adopted a new General Plan and the voters adopted a new Land Use Plan. The General Plan includes a vision statement that provides a framework or vision for the City. The first vision is to Preserve Community Character and provides that "We have preserved our character as a beautiful, unique residential community with diverse upland and coastal neighborhoods. We value our colorful past, the high quality of life, and our community bonds. The successful balancing of the needs of residents, businesses and visitors has been accomplished with the recognition that Newport Beach is primarily a residential community ;" and WHEREAS, the City has received evidence of increasing numbers of group homes that are transient in nature and operate more like institutional and boarding housing uses 1 than as a Single Housekeeping Unit. These uses are concentrated in residential zoning districts R1.5, R -2, and MFR. Uses such as homes for parolees and probationers, group uses, non - residential uses, and other uses are operating as businesses in residentially zoned areas of the City. These uses and the business operations engendered by these uses are changing the unique character and balance of Newport Beach's residential neighborhoods, violating the General Plan's vision that seeks to retain Newport Beach as primarily a residential community, and in many cases placing incompatible uses in residential neighborhoods, contrary to the policies in the City's Land Use Element (Policies LU 1.1, LU 5.1.1, LU 6.2.6 and LU 6.2.7); and WHEREAS, citizens of the City have expressed significant concerns regarding the impacts that a proliferation of parolee /probationer, transient, group, non - residential, and commercial uses has on the community, including, but not limited to, impacts on traffic and parking, excessive delivery times and durations, the commercial use of public property, commercial and /or institutional services offered in private residences, more frequent trash collection, daily arrival of staff who live off -site, loss of affordable rental housing, violations of boardinghouse and illegal dwelling unit regulations of the Municipal Code, obvious business operations in residences, secondhand smoke, use of illegal drugs, and nuisance behaviors such as excessive noise, litter, loud offensive language, and public drunkenness; and WHEREAS, in response to questionnaires distributed by Staff to residents residing in the 1100 and 1200 blocks of West Balboa and West Bay Avenue, the 1100 block of West Ocean Front, the central portions of the 1800 block of West Ocean Front and West Balboa Blvd, and the 100 blocks of 38th and one side of 39th Street, residents identified the following impacts: (1) daily traffic and parking impacts caused by cars and vans illegally parking in the alleys behind the homes, from vans and other vehicles stopping in a traffic lanes in the street to pick up persons residing in group residential homes, and the use of garage spaces for uses other than parking; (2) above average garbage generation and collection services caused by the density of the population living at group residential facilities; (3) second -hand smoke and litter impacts caused by residents of the group residential facilities smoking outdoors; and (4) frequent noise impacts caused by exposure to loud arguments and verbal exchanges (between residents, and between residents and supervising staff), foul language, and physical altercations between facility residents. Residents responding to questionnaires noted that they had informed recovery facility managers regarding these conditions; however, this did not generally result in long -term improvement of the situation; and WHEREAS, the City has received evidence that residential care facilities licensed to serve six or fewer persons may be operating in duplexes and apartments as a campus or as an integral facility serving seven or more persons without required governmental approvals; and WHEREAS, Land Use Element Policy 6.2.7 provides that the City shall regulate residential and day care facilities to the maximum extent allowed by federal and state law to minimize impacts on residential neighborhoods; and 2 WHEREAS, based on the impacts associated with group residential uses, the likelihood that new group residential uses will seek to be established in the City prior to the adoption of new regulations, and the need for public hearings before the Planning Commission and City Council to review the proposed ordinance modifying the regulation of group residential uses, the City Attorney has recommended the moratorium on the establishment and operation of new group residential uses should be extended for five (5) months to accommodate the extended process for zoning code amendments; and WHEREAS, based on the extensive regulation of short-term lodging uses that are already in place, the fact that short-term lodging rentals provide alternative visitor accommodations and are supported by Coastal Land Use Plan Section 2.33 and Policy 2.7 -3, the limited number of new short-term lodging permits likely to be issued prior to the adoption of new regulations, the ability of the City to change the conditions of approval for short-term lodging permits without the need for extended public hearings, the nature of the impacts caused by short-term lodgings, and the ability of the City Council to make modifications to the substantive regulations in an expedited manner, the City Attorney has recommended that the moratorium on the issuance of short-term lodging permits need not be extended; and WHEREAS, the City requires additional time to adopt an ordinance modifying the regulation of group residential use to reduce impacts on residentially zoned areas while complying with federal and state laws protecting the disabled, and to specify appropriate, permitting licensing or registration procedures and desired levels of discretionary review; and WHEREAS, the City Council also needs additional time to receive public comment prior to enacting any permanent regulatory ordinance; and WHEREAS, the City Council finds that owners or operators of parolee /probationer, transient, group, non - residential, and commercial uses are likely to submit applications for such uses and /or commence operations of such uses before appropriate regulations and safeguards are in place thereby impacting the peace, health, safety and welfare of the community; and WHEREAS, these uses and facilities may be established in areas that would be inconsistent with surrounding uses or with the character of a residential neighborhood or would be immediately detrimental to the public peace, health, safety, and welfare; and WHEREAS, if those uses are allowed to proceed, such uses could conflict with, and defeat the purpose of, the proposal to adopt new regulations regarding these uses; and WHEREAS, the extension of the moratorium on group residential uses will not adversely impact the ability of the disabled to find housing in the City of Newport Beach because the City has a disproportionately high number of licensed and unlicensed residential group uses serving the disabled. 3 NOW, THEREFORE, the Newport Beach City Council does hereby ordain as follows: SECTION 1: Findings. The City Council finds as follows: A. The above recitals are true and correct and incorporated herein by this reference. B. Based on the recitals above, incorporated into these findings, the City Council hereby finds and determines that there is a current and immediate threat to the public peace, health, safety, and welfare, and that the establishment, commencement of operations, and /or the issuance of use permits, variances, other permits, business licenses, federal exception permits, or other applicable entitlements providing for the establishment or operation of transient uses such as parolee - probationer homes, safe houses, unlicensed residential care facilities, and residential care facilities, general, prior to the City adopting an ordinance modifying the regulation of group residential use to reduce impacts on residentially zoned areas, would pose a current and immediate threat to the public peace, health, safety, and welfare, and that a temporary moratorium on the establishment of these uses and the issuance of such permits, licenses, and entitlements is thus necessary. C. Based on the recitals above, incorporated into these findings, this ordinance is necessary as an emergency measure to preserve the public peace, welfare, health and safety. SECTION 2: Imposition of Moratorium. In accordance with the authority granted the City of Newport Beach by the City Charter and Government Code Section 65858, for a period of five (5) months from and after the date of this ordinance, the following provisions are applicable to all residential districts of the City: A. No new transitory use shall be established or operated, and no use permits, variances, other permits, business licenses, federal exception permits, or other applicable entitlements for the establishment or operation of any new transitory use shall be approved or issued, unless otherwise expressly provided for herein. Licensed residential care facilities, small and large family child care homes, and short-term lodging uses shall be exempt from the provisions of this ordinance. B. For purposes of this ordinance the following terms shall have the following meanings: 1. "Large family child care homes" shall have the same meaning as the term is defined in Municipal Code Section 20.05.030(A)(1). 0 2. "Licensed residential care facilities" are State licensed facilities that are maintained and operated to provide nonmedical residential care, day treatment, or foster agency services for six or fewer adults, children, or adults and children and which are required by State law to be treated as a single housekeeping unit for zoning purposes, but not including State licensed facilities that are operated as integral facilities and together serve seven or more adults, children, or adults and children. Licensed residential care facilities shall be subject to all land use and property development regulations applicable to single housekeeping units. 3. "Integral facilities" are two or more licensed residential care facilities that are under the control and management of the same licensee and are integral components of the same facility, such as by providing housing in one facility and recovery, treatment, or other services in another facility, or by designating one facility to provide recovery, treatment, or other services for several residences. Licensed residential care facilities that constitute a campus, as the term is defined in Municipal Code section 23.03.030, are integral facilities. 4. "Parolee- probationer homes" shall mean any residential structure or unit, whether owned and /or operated by an individual or a for - profit or nonprofit entity, that houses two or more parolees - probationers in exchange for monetary or non - monetary consideration given and /or paid by the parolee - probationer and /or any public or private entity or person on behalf of the parolee - probationer. A parolee — probationer includes: A) any individual who has been convicted of a federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a federal parole officer; B) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Penal Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; and C) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer. 5. `Residential care facilities, general," shall have the same meaning as the term is defined in Municipal Code section 20.05.030(D). 6. `Residential district' shall mean all areas where the use is designated as a residential use including all residential zoning districts, and residential uses provided for in Planned Community Texts and Special Plan Areas of the City. 7. "Safe houses" shall mean any residential structure or unit, whether owned and /or operated by an individual or a for -profit or nonprofit entity, that houses two or more persons who are not living together as a single family housekeeping unit including, but not limited to, residences providing services to current or former gang members, in exchange for monetary or non - monetary consideration given and/or paid by the current or former gang members and/or any public or private entity or person on behalf of the current or former gang members. 5 8. "Single housekeeping unit" shall have the same meaning as the term is defined in Municipal Code Section 20.03.030. 9. "Small family child care homes" shall have the same meaning as the term is defined in Municipal Code Section 20.05.030(A)(2). 10. "Transitory uses" shall include new residential uses where the average tenancy is usually less than ninety (90) days, including but not limited to new parolee - probationer homes, safe house, unlicensed residential care facilities, residential care facilities, and other similar residential uses that are transitory in nature. 11. "Unlicensed residential care facilities" shall mean any residential care facility, limited, as the term is defined in Municipal Code Section 25.05.030(E) that is not licensed by the State. C. As required by State law, the City may continue to accept and process applications for uses prohibited by this moratorium. Any application shall be processed at the applicant's sole cost with the understanding that no use permits, variances, other permits, business licenses, federal exception permits, or other applicable entitlement for a transitory use may be issued until this moratorium is removed. SECTION 3: Planning Study. The Planning Department with the assistance of the City Attorney's Office is directed to: (1) prepare an ordinance modifying the regulation of group residential uses for consideration by the Planning Commission by the second Planning Commission meeting in June; and (2) prepare an ordinance modifying the regulation of short-term lodging uses for consideration by the City Council by the second meeting of the City Council in June. SECTION 4: Reasonable Accommodation. In compliance with Fair Housing Laws (42 USC Section 3600 et seq. and Government Code Section 12900 et seq.), it is the City's policy to provide reasonable accommodation in the application of this interim urgency ordinance to any person with a disability who seeks fair access to housing. "Disability" shall have the same meaning as the terms "disability" and "handicapped" in the Fair Housing Laws. A. An application for reasonable accommodation in the application of this interim urgency ordinance shall be made to the Planning Director and shall include: 1. The provision of this ordinance from which accommodation is being requested; 2. The basis for the claim that the individuals affected are considered disabled under the Fair Housing Laws, and why the accommodation is necessary to provide equal opportunity for housing and to make the specific housing available to the individuals; and 3. Any other information the Planning Director reasonably determines is necessary. B. In making a determination regarding the reasonableness of the requested accommodation, the following factors shall be considered: 1. Special need created by the disability; 2. Potential benefit that can be accomplished by the requested accommodation; 3. Potential impact on property in the vicinity; 4. Physical attributes of the property and structures; 5. Alternative accommodations that may provide an equivalent level of benefit; 6. In the case of a determination involving a one - family dwelling, whether the occupants would be considered a single housekeeping unit; 7. Whether the requested accommodation would impose an undue financial or administrative burden on the City; 8. Whether the requested accommodation would require a fundamental alteration in the nature of a City program; and 9. Whether granting the request would be consistent with the City's General Plan. C. Any request for reasonable accommodation from the provisions of this ordinance shall be reviewed and considered by the Planning Commission at a public hearing and may be approved, conditionally approved, or denied by the Planning Commission. SECTION 5: Amendments to Ordinance. The City Council by ordinance after notice of public hearing, by the affirmative vote of at least four -fifths (415) of the voting City Council Members may modify, amend, delete or add to this ordinance upon a finding that such action will implement and enforce the goals, policies, and purposes of this ordinance. 7 SECTION 6: Compliance with California Environmental Quality Act. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; in that it prevents changes in the environment pending the completion of the contemplated municipal code review. SECTION 7: Waiver. The City, on a case by case basis, shall have the authority, upon a showing of good cause by an applicant, to waive the interim prohibition /moratorium imposed by this ordinance. Good cause shall mean a factual and evidentiary showing by the applicant that the interim prohibition /moratorium, if not waived, will deprive the applicant of substantially all reasonable use of his /her property. SECTION 8: Term of Urgency Ordinance; Extension. This interim urgency ordinance shall by operation of law be of no further force and effect five (5) months from and after the date of this adoption on May 30, 2007; provided, however, that after notice of public hearing pursuant to Government Code Section 65090, the City Council Members may by a four -fifths (4/5) vote of the voting City Councilmembers extend this interim or urgency ordinance for up to one (1) year. SECTION 9: Severability. The City Council hereby declares that 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 10: Effective Date. This ordinance is hereby declared to be an urgency measure and shall be enforced and be in effect immediately upon its adoption. SECTION 11: Publication. 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 of Newport Beach within fifteen (15) days of its adoption. R This Ordinance was introduced and adopted as an urgency measure at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2007, and adopted on the day of , 2007, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES,COUNCILMEMBERS ABSENT, COUNCILMEMB MAYOR ATTEST: CITY CLERK F:1usersl cat\ shared\ Ordinance1 GroupHomes\ Modtodum1FinalClean04- 24- 07.doc 9 i'fj7` b Jordan Taylor Jjtaylor713 i aol.com May 16, 2007 Newport Beach City Council { 3300 Newport Blvd. _ Newport Beach, CA 92663 -� To Whom It May Concern: o I am writing you in reference to your decision to put a 45 -day moratorium on all group homes and permits for Short Term Rentals. I completely agree that something has to be done to maintain the property values of the homes in Newport Beach. I also do see how a disorderly sober living home could very easily bring the value of a home and community down. Many sober living homes allow for the tenants to be loud and trash their porches with cigarette butts. The people living next door to a sober living that is kept that way could become very annoyed and want to completely stop the development of new sober livings. . This suspension you may think does not affect a 20 year old college student; however it does concern me and has become very alarming to me. I was very fortunate to move to this city 8 months ago. I came desperate to beat my drug addiction. Having had lived here in the spring of last year I knew exactly where to return to get the treatment I needed. The facility I lived in housed anywhere from eight to fourteen girls. Everyday I found myself extremely grateful for another sober day and for the facility that allowed me to accomplish it. After living in my recovery home for 4 months, my counselors found it necessary for me to move into a sober living and begin to become an active member of society. I have been able to get a job and return back to school; things that I never thought were possible before I got sober. The thought of a suspension on sober living homes terrifies me. There are so many drug addicts and alcoholics who come to this peninsula desperate for help. When I left primary treatment at Sierra Tucson in Tucson, Arizona, I chose to come to Newport Beach because of all of the success stories I had heard. This city and county is known for its great recovery. It is not only the homes that keep so many people sober, but also the people who are already here that have paved a path for others to follow. When a drug addict finally gets to the point when they know they cannot live a life of humiliation and pain anymore it is hopeful to know there will always be a place for them to go. If a facility is full they will find somewhere else for that person to go. It is so important that vacancy be available, it is very easy for a small problem such as a full facility, to change the mind of an addict or alcoholic once they get to their surrendering point. However, I beg you to see that these places offer hope to those of us who come in here with nothing other than the strong desire to -live a normal drug -free life. Sincerely Yourrs, S6(� (ti C. EDWARD DILKES ATTORNEY AT LAW 2443 PARK OAK DRIVE HOLLYWOOD, CALIFORNIA 90068 TELEPHONE (323) 466 -1147 May 30, 2007 Honorable Steven Rosansky, Mayor and Members of the City Council of the City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 513C1u -7- �47 l TELECOPIER: (323) 466 -8360 EMAIL: EDILKESOEARTHLINK.NET Re: Ouyosition of Sober Livid By The Sea. Inc. to Extension of the Moratorium Ordinance Honorable Mayor Rosansky and Members of the City Council of the City of Newport Beach Sober Living By the Sea ( "SLBTS ") has been in Newport Beach since 1986. During its 21 -year presence in the community, there have been few complaints about its operations. Whenever there were complaints, SLBTS immediately responded to correct the problem. It has always maintained a "Good Neighbor Policy," (See Attachment No. 1, Resident Rules and Agreements) and has taken immense pride in its role in the community. Most of the recovery and sober living land uses in the City are located in West Newport, a unique area with a predominance of R -2 (Duplex) zoning and a large number of summer rental properties, interspersed with single - family dwellings and much larger apartment buildings. All of these are legal and desirable land uses, and each provides Newport Beach with some of its character. They coexisted without any friction for many years. About a year ago, a small but vocal group began using fear and unfounded claims to mobilize the community. Sober Living By the Sea initially sought to participate in the process, but was largely excluded. An ad hoc committee was appointed to study the issue, but no members of the recovery community were appointed to participate in the committee's work. Attempts to participate, as members of the public, and to correct errors and misrepresentations, were met with accusations that SLBTS was "intimidating" people. Ironically, the strident criticism of recovery and sober living uses has not generated more than a tiny group of supporters. Unfortunately, that group has managed to get its agenda in the limelight, and Sober Living By the Sea now finds itself in the uncomfortable position of having to oppose the extension of a Moratorium Ordinance on recovery and sober living homes in Newport Beach. We believe that the ordinance is factually unnecessary and that it will fail to solve the few legitimate problems that actually exist. It will also damage beneficial sober living programs that have no detectable adverse impact on the city. May 30, 2007 page 2 There is no factual basis for the moratorium. a. Over - Concentration is not the issue. There are only about 85 sober living units in the entire City of Newport Beach. The City has 42,000 housing units within its borders, so sober living uses represent approximately .002 %, (that is two one - thousandths of one percent) of the total number of residential uses. Even within the Peninsula, where 82 sober living uses are located, there are approximately 5,100 other residential dwelling units. This means that recovery uses represent less than 1.6% of the total number of residential occupancies on the Peninsula. Ironically, there are many more summer rental uses within the Peninsula, and while they are a beneficial land use, their impact on traffic, trash, and noise is often substantial. (See Point 3, below) b. Recovery and sober living land uses do not generate crime or burden municipal safety services. SLBTS has intensively monitored the member of calls for police, fire and paramedic services to its facilities. A quick look at that study demonstrates that Sober Living By The Sea neither contributes to local crime nor burdens the City's system of emergency services. First, Recovery and sober living units have fewer calls for service than the average residential unit on the same block (See Attachment No. 2, Calls to Service). On the block bounded by Balboa Boulevard, Seashore Drive and 43`d Street, the average property had 12.4 calls for service, during a two -year span. At 131 and 131 %2, the addresses of facilities operated by Sober Living By The Sea, the number of call was 0 (Zero). Other areas showed identical patterns. For example, in the 100 block of 40`h Street, between Balboa Boulevard and Seashore Drive, SLBTS operates 4 units. They generated a total of 7 calls for service in 2 years, an average of 1.75 calls per unit. The balance of the block generated 138 calls, for an average of 6.5 calls per dwelling unit. One home generated 28 calls, by itself. (See Attachment No. 2, Calls to Service and maps submitted at hearing on April 24, 2007) A second comparison is even more dramatic. When one compares the number of calls for service before SLBTS assumed management of a particular facility, with the number after it took occupancy, the data show a dramatic drop in the number of calls for service. In one location, all but two calls involved other people's cars blocking our driveway. (See Attachment No_ 3, Police Services) Finally, the same result is visible from a "side by side" comparison. In one location, a 52 unit building at 5515 River Avenue, SLBTS rents and operates only 5 units. At those 5 units, only one call for service occurred in the last two years. The balance of the building had 29 calls. (See Attachment No. 3, Police Services) By every objective measure, recovery and sober living land uses do not generate criminal activity, in excess of longer -term single - family occupancies. May 30, 2007 page 3 C. There is no issue involving solid waste generation. Apparently, SLBTS facilities generate exactly the same amount of trash as their neighbors, because its facilities have exactly the same trash pick -up frequencies. From September through May, trash is picked up once each week. During the summer months of June, July and August, like all residences on the Peninsula, trash is picked up twice a week. The increase in the summer trash load is related to the arrival of the summer rental population. As the overall population rises, so does the generation of solid waste. The increase bears absolutely no connection to the recovery and sober living facilities operated by Sober Living By The Sea. d. There is no issue of noise Perhaps the most persistent complaint is that sober living uses are "noisy." Again, a look at the record demonstrates that there is no substance to these complaints. Even the staff report states that the majority of recovery facilities are "comparatively quiet at night." (See Staff Report, pg. 7 of 70) In its 21 years in Newport Beach, SLBTS has never been cited, fined or otherwise sanctioned for noise or any other disturbance. In the rare instance where a resident becomes noisy or disturbing, managers are required to deal with the problem swiftly, and they do. As a matter of operational policy, SLBTS residents have a curfew of 10 p.m., on week days and 11 p.m. on weekends. Compliance with this rule is a requirement for each resident, as is compliance with specific rules on noise and personal conduct. (See Attachment No. 1) e. None of the homes operated by Sober Living By The Sea is Unsightly or Poorly Maintained. As a practical matter, it is virtually impossible to find anything to distinguish a Sober Living By The Sea facility from any other well - maintained residence on the Peninsula. When a unit is rented, it is completely inspected, inside and out. Ongoing maintenance of SLBTS properties exceeds all imaginable standards. One employee spends his workday visiting each facility and assuring that each one is clean and well kept. Trash, cigarette butts and other unsightly items are promptly disposed of. Several residents have said, "We don't know where your places are located." Sober Living By the Sea takes that as a compliment. Its operations fit into the community and are indistinguishable from other residential uses on the Peninsula.[ ' Indeed, the inability to distinguish sober living facilities from other, surrounding residential buildings caused a serious over - estimation of the number of sober living uses. The fact that most of them do not stick out made it difficult to know which building was housed people in recovery and which housed other residents. May 30, 2007 page 4 f. There is no legitimate issue involving traffic impacts. Each SLBTS unit has one car on site, which is used only by the resident supervisor. All participants are issued bicycles, and for the few who cannot use a bike, there is a system of vans that provide pick up and drop off services.2 The vans are also used to provide transportation on days when the weather makes bicycles impractical. By any measure, such a system generates a fraction of the vehicle trips generated by other single - family. g. Smoking is not an issue "Smoking" is another of the persistent complaints, although there is no factual basis for this concern. SLBTS prohibits smoking inside any of its buildings. (See Attachment No. 1). For residents who smoke, containers for cigarette butts are provided outside in the yard. As previously mentioned, one employee is specifically employed to find and dispose of cigarette butts and other trash on or adjacent to SLBTS facilities. There has never been a fire at any facility operated by SLBTS, and the incident described in the staff report (the truth of which we cannot confirm or deny) regards a 29- unit facility not owned or operated by Sober Living By The Sea. However, if the incident actually occurred, it suggests that standard code enforcement would be appropriate, not a prohibition of all recovery and sober living uses. Smoking on the beach is already prohibited by law, and could be enforced with normal citations and fines. There is no evidence that smoking at the beach is related to any of the sober living facilities in the City. h. There are no parolees or sex offenders in any facilities operated by Sober Living By The Sea in Newport Beach. Fear that the neighborhood will be overrun with criminals and sex offenders is another of the completely irrational claims that has been repeatedly made. In fact, Sober Living By the Sea does not accept participants who are convicted of sexual offenses or serious crimes involving violence. None of the residents in SLBTS programs are on parole. Most are indistinguishable from the general population of West Newport Beach. They are well educated, and many are employed or in school. They are people committed to restoring themselves to a life that is free from drugs and alcohol. (See Attachment No. 1) 2 Some residents, in a modified program for clients who are locally employed, use their automobiles for the limited purpose of getting to and from work. Their cars are parked on site or nearby. The number of such participants averages about 10 people, and is rarely more than 10% of the total number of all SLBTS residents. May 30, 2007 page 5 Approximately 10% have been convicted of, or diverted from, minor, non - violent charges related to their prior drug use. Their treatment is a condition of their continued freedom, and it provides a powerful motivation for them to take their rehabilitation seriously. i. There is no evidence that Recovery and Sober Living Uses depress property values Relatively few properties near sober living facilities have sold in the last few years. Of the few that have, there is no evidence that proximity to a sober living facility had any effect on the value of the property being sold. (See Attachment No. 4, Sales Comparisons) 2. The current demand for a Moratorium and for regulation is completely unfounded The current climate in Newport Beach is exactly what the Fourth Circuit meant when it concluded that," a person who makes the effort to recover from [from drug or alcohol abuse] should not be subject to housing discrimination based on society's `accumulated fears and prejudices' associated with drug addiction." U.S. v. Southern Management Corp. 955 F. 2d 914 (C.A. e Cir. 1992) Those "accumulated fears and prejudices" are fueling the debate in Newport Beach. At the March 29, 2007 meeting of the Ad Hoc Committee on Intense Residential Occupancies (the "IROC Committee ") there was an outpouring of recrimination against "druggies." One resident pointedly admitted that there were no problems with sober living uses, "except their existence." The testimony before IROC, the following month, was filled with racial remarks that have no place in public discourse. The search for information has also been fraught with outright misinformation. At the March 29 IROC meeting, one resident described the existence of a "gang house," complete with gang members "jumping out" of gang life. The only problem with this testimony is - - - no such house could be found by the Newport Beach Police Department or by our own investigation. Despite all of this rabble rousing, very few people have decided to join the demand for regulation, and the current clamor remains in the hands of a very small number of people. The best evidence of that fact comes from the responses to the City's own questionnaire. Although 400 questionnaires were given out, only 47 were returned. 12 of those came from Balboa Island, where there aren't any sober living facilities, at all. Whatever fears those residents had to express could not have been based on anything objective or real. The remaining 35 represent the response of .0004% (four ten thousandths of one percent) of the city's population. Not much of a groundswell. May 30, 2007 page 6 3. The Moratorium and the Proposed Regulations will Discriminate Aminst Sober Living Residents West Newport Beach is a unique area. Most of it is not zoned or developed for single - family occupancy. The overwhelming land use is R -2 (Duplex), with an equal mix of larger, multi - family buildings and single - family residences. 801 of those units, nearly one quarter of the total number of dwelling units in the area, are licensed for summer rental occupancies, aggregating a total of 5,739 beds. A quick review of those licenses demonstrates the discriminatory nature of the moratorium and the proposed regulatory scheme, because the average summer rental permit license authorizes 7.16 beds, substantially more than the 6 occupants contemplated by state law for sober living uses. A single owner may operate any number of summer rental units, and some own dozens. Even if they are centrally managed, they are not treated as a group. (See Attachment No 5, Table of Summer Rental Permits) Claiming to base regulations of recovery and sober living uses on issues such as trash generation or smoking further underlines the discriminatory impact of the proposed regulations. The same impacts result from other residential occupancies. To ascribe those conditions solely to recovery and sober living land uses is simply wrong. 4. There is no need for a Moratorium, and one cannot be legally enacted The primary requirement for a Moratorium Ordinance is a pressing problem that can only be solved by immediate abatement. The problem must need to be held in abeyance while long -term solutions are studied and devised. In the present case, there may be a need for focused code enforcement, directed at a few problem properties, but there is no reason for broad regulation. Many of the effects being blamed on recovery and sober living uses are actually the result of summer rental or even long -term rental properties. There is nothing "bad" about either of those uses. Leasing property for recreational uses is a legitimate and legal use of property, and has long, historical roots in Newport Beach. So does the use of property for recovery and sober living uses. All of these uses generate substantial social benefit and have impacts on surrounding properties that can be managed by traditional code enforcement and other sanctions directed against specific, problem properties Given the overwhelming lack of evidence that any problems emanate from recovery and sober living uses, the enactment of a moratorium is unwarranted. Under such circumstances, the findings required for the adoption of a long -term moratorium ordinance cannot be made, in good faith. In adopting the proposed moratorium, the City will be subjecting itself to substantial liability for interference with legitimate activities and property rights. To make matters worse, the rights involved are ones that are specifically protected by state and federal laws. May 30, 2007 page 7 5. Conclusion For the reasons set forth, Sober Living By the Sea urges that the proposed moratorium be allowed to expire and that the City devote its efforts to code enforcement and other devices that hold promise for dealing with the very few problems that actually exist. We thank you for your patience in this matter, and remain available to answer any questions you have about the operations of Sober Living By The Sea or the recovery industry, as a whole. Very yo , C. Edward Dilkes CED /ss Cc: Pamela L. Burke Richard R. Terzian Robin Clausen Attachment No.1 Sober Living By The Sea Resident Rules and Agreements Sober Living by the Sea Good Neidbor A2rsement For over 20 years, Sober Living by the Sea has strictly enforced a Good Neighbor Policy for is staff members and client residents. Part of recovery is being am citizen The following rules are not optional and are to apply at all times during your stay with US. • Clients are not to loiter in the front of residences, and smoking in the front is strictly prohibited. You are to smoke only in designated areas and uao appropriate butt cans. Cigarette butts are NEVER to be thrown on the ground. • The listening of stereos and radios are only with headphones and television is to be a a level which will not disturb neighbors. • Clients are W dress appropriately at all times, be clean shaven with no facial piercing and an clothing which has any drug or alcohol connotations. • Clients are never to use inappropriate language inside or outside the residences. What may not be offensive to you may be highly offensive to someone else. • Clients will not engage in any aggressive behavior with each other or neighborhood residents. This will result in immediate discharge from the program. • Clients are not to cut across or walk on neighbors' lawns or property. • Clients are to park their bicycles in designated areas only. 71tey are not to block any neighborhood sidewalks or thoroughfares ever. • Clients are not to litter anywhere in the community and are to make every effort to keep our neighborhood clean • Clients are expected to he an asset and positive role model to our community at all times. Failure to follow these rules can result in vom discharge from om mogram. I have read and understand the above rules and the importance of being a good neighbor and resident of the Newport Beach Community: ru—a Date Date ALCOHOLISM OR DRUG ABUSE BE, COVERYHONHS DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS ADP 5085 C -1 PERSONALRI4RTS In accordance with Title 9, Chapter 4, Section 10569, of the California Code of Regulations, each person receiving services from an alcoholism or drug abuse recovery facility shall have rights which include, but are not limited to, the following: 1 The right to con5dentiality as provided for in Title 42, Sections 2.1 through 2.67- 1, Code of Federal Regulations ➢ To be accorded dignity in his/her personal relationships with staff and other individuals: ➢ To be accorded safe, healthful and comfortable accommodations (e.g. furnishings and equipment) to meet hislher needs. ➢ To be free from intellectual, emotional and/orphysical abuse. ➢ To be iii ofined of the X6v1 ors ofhwipgatdiug widjilaiitts ischidiilg, but hot limited to, the address and telephone mmibec of the licensing agency. ➢ To be free to attend religious services or seivities of his/her choice and to have visits from the spiritual advisor of bis1hea choice, provided it& services or activities do not conflict with facAty program requirements. Participatinnin religious services shall be voluntary only COMPLAINT'S In accordance with Title 9, Chapter 4, Section 10544(c), of the California Code of Regulations, any individual may request an inspection of an aleuholism or drug abuse ..recoveryonceatmentfacRity. Complaints should be directed to: ........ ..... .-- .. ... ... - Program Director of Sober Living by the Sea, 2811 Villa Way Newport Beach, CA 92663 (949) 673-6696 (800) 647 -0042 If not satisfied contact: Department of Alcohol and Drug Prograo,.s, Licensing and Certification Branch 1700 K &treat, ftdwiiieiito, CA 95814 -4037 Attentions Complaint Coordinator (916) 322 -3911 Resident Date staff Date Sober Living By The Sea PARTIQPANT RIGHTS of THE cuWr F.achparliclpant shall have rights that include; but are not limited toy the following. I. The right to confidentiality as provided for in Title 4% Code of Federal Regulations, Part 2 2. To be accorded dignity m contact with staff, volunteers, board members and other persons. I To be accorded safe, healthful and comfortable accommodations to meet his or her needs. 4. To be free from verbal, emotionaL physical abuse and/or inappropriate sexual behavior. 5_ To be infmned by the program of the procedures to file a grievance or appeal discharge. 6. To be free from disafmi bm based on ethnic group identification, rellviun, age, sex, color, or durability. F. To be accorded access to his or her file. ACKNMWXDGEMENT I have been persmsally advised and have received a copy of my personal -gh s and have been informed of the provisions for complaints at the time of my admission into: Client Signature Sober Living By The Sea 0 Witness / SLBTS Staff Signature Date BIKE SAFETY RULES AND REGULATIONS 1. The bikes are called beach cruisers. They are made to sit and pedal at a cruising speed They are not made to jump curbs, race down the road, dirt bike riding or for trick riding. Any of the above can cause damage to the bike a worse, injury to yourself or others. 2. Bike laws are the same as motor vehicle laws. Obey all street light and signs as posted Do not ride against traffic. Do not ride with dual headphones over both ears. Do not double ride with another person, unless the bike is made for two persons. The police.will pull you over and issue tickets. You are responsible for payment of your tickets. They have been known to run wartant checks also, 3. Lock up your bike properly, timing more than one number. Bikes get stolen. Nine out of ten times it is because the bike was not locked or locked properly. There is a $190.00 replacement charge if your bike is stolen. A cut lock is your best proof that it was properly locked. 4. We (SLBTS) will pay for usual wear and tear on the bike. If other damage is done from mistreatment it is your responsibility to pay for the damage. This comes from your KO.B. account 5. If there is anything wrong with your bike or you think there is something wrong do not wait for bike inspection on Sunday mornings. Contact the bike person or a staff member to let them know. Your safety is our fast concern. 6. Be easeful crossing streets, driveways and alleys for the vehicle driver may not see you. 7. Don't give your combination to others. If you loan your bike out and they lose it, you are still responsible for its replacement cost. i have read and understand the bike safety and regulations and agree to the terms and conditions herein. Sign time and date SOBER LIVING BY THE SEA HOUSE GROUND RULES CURFEWS: Sunday through Thursday 10:001 - Friday and Saturday 11:001)m SMOKING: There is on smoking allowed in the houses. CHORES: All chores are assigned weekly. Climes must he completed iffieeiaxiy tDllsvdagtl[e i$s�ag:®cetlsg'. Bedgmvstbomade before the morning meeting. PHONES & TV: No TVs are allowed in bedrooms. Ten -minute limit fntphom calls unless you have a group consensus. TV is allowed frmp bpm to llpm. OPEN DOOR No locks are allowed on any bedroom doors. POLICY: SEARCHMS: If under suspicion of drag or alcohol use, House Parent or staffhas Permission to search at any tire. MEWWOMW: No one of the opposite sex is allowed in the house for any length cftlme, fdr say reasim. COMMON. . ...._.Bathrooms, .kitchen, Patio, dmingroom and living mom -will - - AREAS: kept clean at all times. House Parent or staff will make daily "sweeps" through the house. WRITF..UPS: All residents will be written up for unacceptable behavior and for not adhoring m thendcs. Three write-ups within 30 days and you will be subject to dismissal and have a mceting with staff at Sober Living by the Sea- Any type of violent of ameeeptable be rAndf toward House Parent, staffor another resident may result in immediate dismissal. HOUSEMATES: Absolutely no borrowing personal items without asking. This will be considered stealing. Stealing will not be tolerated. No borrowing of money is permitted betweenresidents. DRUG / On -Track Testing will be dome if under say type of suspicion. ALCOHOL Random testing will be done periodically. TESTING: MEETINGS: Allresidersmustattendmandatoty Sober Living by the Sea meetings. . UN- The staff will place residents leaving the facility without a AUTHORIZED AHy AESENSE: resident absent firm the facility in excess of 24 bows without written autharustion may be discharged by the Sober Living staff. The House Ground Rules specified above are mandatory requaremeaLs for reading at Sober Living by the See. I bane read, understand and agree to adhers to these rubes whHe residing at Sober Living by the Sea. Date Staff Date Sober Living by the Sea Living in Recovery Rules, Standards and Procedures The following agreement is made between and Sober Living by the Sea for the provision of recovery services designed to assist persons with alcohol and drug addictions (or similar disorders). • Total abstinence from any mind - altering chemical and/or drug. This includes nonalcoholic beer and wines. Steroids, supplements, ect. (Any prescribed or over - the - counter medication must be approved by the staff. All medications must be kept lock up and distributed by the office). No medications allowed in rooms. • Credit cards, check books, ATM cards, excess money, medications will be held by staff in the office and/or safe. You will be allowed to withdraw $75.00 a week from your M.O.S. account. Fill out a money request by noon, for $25.00, the day before money is distributed. • It is suggested you make 90 day commitment to live in Sober Living by the Sea to build a foundation. • Attend all meetings on your schedule. These are mandatory. Adhere to the structured programs regarding house meetings, group and individual counseling, and all 12- step meetings. A deviation must be turned in 24 hours in advance to switch meetings. Always be on time. There are no smoke breaks during meetings unless the meeting itself has described one. • It is suggested you obtain a sponsor within your first 2 weeks at Sober Living by the Sea and begin working the 12 Steps. • It is suggested that you complete the 5° Step within your first 30 days. • We suggest that you obtain at least one service commitment within Your first 2 weeks. • Residents cannot spend the night away from their house without prior approval from office staff. (A pass may be approved after at least 30 days of residence). Please turn in 48 hours in advance. • Keep common areas and your room clean. Please clean-up after yourselves when you dirty something. Beds must be made before the morning AA meeting. No going back to bed after meditation. You are not allowed back in bed before 3pm. • Complete all assigned chores. No dishes left in sink EVER. 4' • Adhere to the curfew; the curfew is lOpm Sunday — Thursday. l 1pm Friday and Saturday. • Residents are not allowed to go to any type of bar, nightclub, concert, racetrack, casino or strip club. • You will be asked in the morning, at the center if you want to do the gym, patio, or activity that day. There are no changing of the minds later on during the day. No shopping is allowed while at the gym. During the gym /patio time you not allowed back in the house for any reason unless you have Tuesday off. • TV's are allowed in the living room only and may only be turned on at 5pm on Mondays- Fridays. On Saturdays and Sundays they may be turned on at 11 am. They must be turned off an hour after curfew on all days. NO EXCEPTIONS. This includes CD's, DVD's and video tapes when TV is in off time. • Minimum 30 days before family /significant others may visit. Respect your housemates privacy. No loitering inside or outside the houses. • During the summer months Sunday Bar -B -Q is noon— fpm. • Tuesdays off. 2 full weeks of sobriety, sponsor, home group, commitment, working the steps and no write -ups in the past week. Tuesdays off is noon till nighttime meeting. • Shopping: you will be taken by a staff member on Saturdays only. A money request mist be filled out and signed by your Case Manager and turned in by Friday at noon. You will be picked up at your house around 12:30pm. Unless other arrangements have been made. • Headphones are to be used with stereos. We don't want to disturb your housemates and neighbors. No loud music ever. This includes personal instruments. • No smoking allowed in the houses at all. No lighting your cigarettes on the stove. Do not walk through the house with a lit cigarette. Please do not throw cigarette butts on the ground anywhere. Always use the ashcans. • Borrowing or loaning of money from or to other residents is not allowed. Don't take the risk of not getting it back. • It is suggested you keep your valuables in the safe at the office. Sober Living by the Sea is not responsible for lost items. • Stealing will not be tolerated and you may be asked to leave for it. Going through, taking or tampering with someone else's possessions is considered stealing. • Get along with your housemates. If you have trouble with someone please let staff know about it and they will handle it. • Any form of physical violence is unacceptable and may result in immediate discharge from Sober Living by the Sea. Restitution to the injured party and possibly law enforcement involvement. • Take direction from your House Parent and all staff personnel- Remember staff is here to help and assist you. Adhere to all House Ground Rules. Using profanity with staff will not be tolerated. • No pornographic material allowed in the houses. ._. • Please stay out of the front office if you have no business there. • No Fraternization. You are not allowed to be with Sober Living by the Sea residents of the opposite sex at all except for at the center, in meetings or staff accompanied activities. Do not ride bikes together; go to stores, restaurants, the beach, etc. This includes being in groups or alone. • We suggest you put all relationships on hold so you may have the opportunity to work on yourself while you are here. • While attending meetings outside of Sober Living, we request that you do not discuss issues or residents. Remember anonymity. • Residents will dress appropriately at the center and in meetings. See dress code. • No new tattoos, body piercing or other forms of drastic change are permitted. This includes extreme hairstyles and color. All piercings must be removed when at the center. • Phones: You are on phone restriction for your first seven days. Afterwards be courteous, Limit your calls to 10- 15 minutes so others may use iL Do not give out any information about other residents. Take messages for others. For call waiting press flash then • then 9. • Sickness: If you are sick, call Jeff's pager 737 -3419 by 7am. You will be picked up; at your house; to come see the nurse. We want you to get well. You will not be able to leave the house for the entire day and night. No TV except when allowed on. When calling in sick at night you will be put on the sick list for the next day also, unless you have seen the nurse the night before. • When moving to other houses take everything with you. Linen, clothes basket, alarm clock, etc. Please leave your room clean. P/ • Bicycles: Bikes are loaned to you. Take care of them. No jumping curbs, racing, tricks, etc. You pay for all damage done to your bike. We will pay for wear and tear. Keep properly locked at all times when not using. No matter where you are or how long you think you are going to be. Do not loan your bike out to others. If stolen or lost you will be charged for the bike. Thieves never carry cut locks. • Personal laptops are to be kept at the center. They are not allowed to be taken to the houses. • Relapse consequences — must go to detox or sign out A.M.A. • If you leave take all your belongings with you. Sober Living by the Sea is not responsible for anything you leave behind. • No eating, drinking or smoking allowed in vans at any time. • Cell phones are to be turned off at all meetings, groups, ECT. No text messaging allowed either. • Cross talk and disturbances are not allowed in meetings. Be respectful of others when they share please. • Scheduled UA's are to be done before or right after meditation. If a UA is not completed you must remain at the center until one is done. Do not go anywhere until it is completed. • Violation of these standards will result in write-ups. Write -ups constitute loss of money, privileges, and Tuesdays off. This may also lead to possible discharge. Resident Date staff Date Attachment No. 2 Sober Living By The Sea Comparison of Calls For Service In Two Neighborhoods Calls to Service Last two years tMghborhood hounded by Balboa BlvdrSeaWmW43rd street AOMW ens Call. Address North side South Side 131 43rd (SLBTS) 0 5 130 43rd 129 43rd 17 7 128 43rd 127 43rd 20 23 126 43rd 125 43rd 7 19 124 43rd 123 43rd 9 13 122 43rd 121 43rd 37 19 120 43rd 11943rd 11 12 118 43rd 115 43rd 3 2 11443rd 111 43rd 8 12 112 43rd 109 43rd 13 19 4210 & 4212 Seashore Dr. Total 125 131 Neighborhood: 100 Bolck of 40th SUBalboa BlvdMeashore Address Calls Cats Address North s id South Side 3960 -80 Seashore 6 112 40th (SLBTS 1 10 4000 40th 114 40th 5 8 111 40th 118 40th 4 2 115 40th 120 40th 9 28 119 40th 122 40th 2 2 121 40th 124 40th 8 8 123 40th 126 40th 14 5 125 40th 128 40th 2 6 127 40th 130 40th ig 4 129 40th Total 61 73 Attachment No. 3 Sober Living By The Sea Comparison of Calls For Police Service at: a. 5515 River Avenue b. 5004 - 50041/2 Neptune Avenue Police Services "Calls to Service" 5515 River Ave, 50+ unit apartment building. 5 of these units are leased by a recovery facility From July of 2005 - Feb. 2007: Total of 30 Events/Calls to the building. Only One Call was from a unit leased to a Recovery Facility 5004 & 5004 1/2 Neptune Ave. Property Commenced to lease to a Recovery Facility on 5/15/06. 17 Calls to service the year prior to a Recovery Facility taking over the lease, 3/05- 12/05. 13 of which were Distrubances /Loud Parties. Since the Recovery Facility Lease: There have been 8 Calls to service, 6 of which were cars blocking our driveway. Attachment No. 4 Sober Living By The Sea Sales Comparison for Three Neighborhoods Sales Comparisons 1. WE RENT 125 Ile St & 128 39P St.: • The house directly across the street from us, 131 391' sold for $1,699,000 on 4/21/06 • 131 45"', a similar house & location to the subject property sold for $1,235,000 on 8/24/06. • A few houses away, 119 39"' St sold for $1,565,000 on 8/15105 • A few more houses away, 115 39t" St sold for $1,500,000 on 5/27/04 2. WE RENT 5004 NEPTUNE AVE: • 5015 River Ave., a house in back of the subject property soli for $1,480,000 on 1130/07. • 4823 River Ave., a house one block away from the subject property sold for $1,465,000 on 8/7106. • 5302 Neptune Ave., a house three blocks away from the subject property sold for $1,200,000 on 4/20/06. • A few houses away, 4910 Neptune Ave. sold for $1,250,000 on 1/6104 3. WE RENT 6110 W. OCEANFRONT & THE HOUSE NEXT DOOR, 6111 SEASHORE DR.: • The house four doors down from us, 6208 W. Oceanfront sold for $4,449,000 on 8/8/05. • A comparable home four blocks away sold for $4,595,000 on 3/22106. • 3707 Seashore Dr., another house on the sand, sold for $4,300,000 on 5/25106. • Blocks away, 7210 W. Oceanfront sold for $3,675,000 on 8119/04 In Summary: This not only demonstrates the appreciation realized in our market place but dearly shows that homes adjacent to homes leased by Sober Living by the Sea have actually said for more that neighboring properties. Attachment No. 5 Sober Living By The Sea List of Summer Rental Permits Business Name Owner name License # DONALD L ABRAMS ABRAMS, DONALD L SLP10935 ABRAMS,NANCY ABRAMS,NANCY SLP10422 ABRAMS,NANCY ABRAMS,NANCY SLP10423 V ADAMS ENTERPRISES LP ADAMS ENTERPRISE SLP10486 ADNOFF, MICHAEL & CONNIE ADNOFF, MICHAEL & CONNIE SLP10822 ADNOFF, MICHAEL & CONNIE ADNOFF, MICHAEL & CONNIE SLP10823 ADY, CHESTER E ADY CHESTER SLP10539 ADY, CHESTER E ADY CHESTER SLP10540 AITKEN, WYLIE A TRUSTEE AITKEN, WYLIE SLP10274 AITKEN, WYLIE A TRUSTEE AITKEN, WYLIE SLP10275 AITKEN, WYLIE A TRUSTEE AITKEN, WYLIE SLP10276 ALDER, HORACE B AND LORENE ALDER HORACE SLP10195 MARKIPAMELA ALGORRI ALGORRI, MARK/PAMELA SLP11002 ALLARD, LEE & RANDY ALLARD, LEE & RANDY SLP10772 ALLEN, MATTHEW ALLEN, MATT SLP10756 MATT ALLEN ALLEN, MATTHEW J SLP10701 ALTAMIRAND, JE MD ALTAMIRANO MD J SLP10625 ALTAMIRAND, JE MD ALTAMIRANO MD J SLP10626 ALTAMIRAND, JE MD ALTAMIRANO MD J SLP10627 ALVAREZ FAMILY TRUST ALVAREZ, RODOLFO SLP11030 ALVAREZ FAMILY TRUST ALVAREZ, RODOLFO SLP11031 AMLING /GRAY BEACH HOUSE AMLING, RW & LG SLP10714 ANDERSON, BEVERLEY Y ANDERSON, BEVERLEY SLP10258 ROBERT ANDERSON ANDERSON, ROBERT SLP11125 ANDERSON,RON ANDERSON,RON SLP10197 ANDORKA, FRANCES A ANDORKA, FRANCES SLP10304 APRAHAMIAN, RICHARD AND CONSTAPRAHAMIAN, CONSTANCE E SLP10168 APRAHAMIAN, RICHARD AND CONSTAPRAHAMIAN, CONSTANCE E SLP11150 ARIATHURAI, S V ARIATHURAI, S V SLP10601 ARNOLD, JOHN ARNOLD, JOHN P SLP10887 ASPEN TRUST ASPEN TRUST - RANDOLPH PERRY SLP10811 ROSANA & UMBERTO AUTORE AUTORE, ROSANA SLP10291 AVALLONE PROPERTIES AVALLONE, LEOPOLD T MD SLP10252 B -N14, A CALIFORNIA LTD PTRSHP B -N14 A CAL LTD PTRSHP SLP10265 RICHARD BABINEAU BABINEAU, RICHARD SLP10199 ROBERT BAIZER & DIANE JACOBS BAIZER, ROBERT P SLP10668 Expiration df of Tenant: Lodging Address 1/31/2009 8 324 GRAND CANAL 4/30/2007 6 3610/3612 SEASHORE DR #3610 4/30/2007 10 3610/3612 SEASHORE DR #3612 4/30/2007 8 2812 OCEAN FRONT W 1/2 1/31/2009 8 114 35TH ST A 1/31/2009 8 114 35TH ST B 4/30/2007 8 1419 BAY AVE W 4/30/2007 8 1419 BAY AVE W 1/2 4/30/2007 8 1926 OCEAN FRONT W -R /1 ZONE A 4/30/2007 8 1926 OCEAN FRONT W -R/1 ZONE B 4/30/2007 8 1926 OCEAN FRONT W -R /1 ZONE C 4/30/2007 8 1589 MIRAMAR DR -R/1 ZONE 1/31/2009 0 1512/1514 BALBOA AVE 4/30/2007 8 2134 MIRAMAR DR -R/1 ZONE 4/30/2007 10 1037 BALBOA BLVD W 4/30/2007 8 112 OCEAN FRONT E -R /1 ZONE 4/30/2007 8 906 OCEAN FRONT E A 4/30/2007 8 906 OCEAN FRONT E B 4/30/2007 6 906 OCEAN FRONT E C 4/30/2007 6 914 OCEAN FRONT E A 4/30/2007 4 914 OCEAN FRONT E B 1/31/2009 4 302 BALBOA BLVD E 1/31/2009 10 1522 OCEAN FRONT W 4/30/2007 9 108 OLIVE ST B 1/31/2009 8 1759 MIRAMAR DR -R /1 ZONE 1/31/2009 8 304 OCEAN FRONT E 1/31/2009 8 115 35TH ST A 1/31/2009 10 115 35TH ST B 4/30/2007 8 4109 SEASHORE DR B 1/31/2009 8 223 AGATE AVE 1/31/2009 10 114 36TH ST 4/30/2007 4 2204 OCEAN FRONT W C 1/31/2009 6 1412 OCEAN FRONT W #A 1/31/2009 10 1814 OCEAN FRONT W A 4/30/2007 6 110 41ST ST A 1/31/2009 10 318 ALVARADO PL -R/1 ZONE BAKER, RICHARD BAKER, RICHARD BAKMAN RANCH BAKMAN RANCH BALBOA ISLAND HOTEL BALFOUR, DAVID BALFOUR, DAVID BEACH HOUSE RENTALS BEACH HOUSE RENTALS BARLOW PROPERTIES BARME, MICHAEL BARRETT DESIGN BARRETT DESIGN BATELLI, ROY BATES, ROBERT M MAHMOUD BAYAR BEACHWALK DBA BURR WHITE BEACHWALK DBA BURR WHITE BEARDALL, JOHN R PATRICIA E BEESLEY PATRICIA E BEESLEY BALBOA RESIDENCES BELOGORSKY, SHELBY BENJAMIN A KIDD TRUST BENJAMIN A KIDD TRUST BERTOLINO, PIERRE BERTOLINO, PIERRE BERWALD, JOHN BERWALD, JOHN LEONARD A BIDART LEONARD A BIDART JOHN W BLACK BLEDSTEIN, I MARK AND MARLENE 5207 SEASHORE DR 5207 SEASHORE DR CYNTHIA N BOND BONILLAS, STANLEY BAKER, RICHARD SLP10806 4/30/2007 5 1727 -1731 BALBOA BLVD W #4 BAKER, RICHARD SLP10807 4/30/2007 5 1727 -1731 BALBOA BLVD W #2 BAKMAN RICHARD T SLP10066 1/31/2009 6 1301 BAY FRONT N BAKMAN RICHARD T SLP10067 1/31/2009 6 1301 BAY FRONT N 1/2 BALBOA ISLAND HOTEL- WOOTEN, SSLP10378 4/30/2007 8 127 AGATE AVE BALFOUR, DAVID T SLP10004 1/31/2009 6 302 COLLINS AVE BALFOUR, DAVID T SLP10005 4/30/2007 8 302 COLLINS AVE 1/2 BALSAMO, J AUDRE SLP10511 1/31/2009 5 1917 BALBOA BLVD W -R /1 ZONE BALSAMO, J AUDRE SLP10512 1/31/2009 5 1917 BALBOA BLVD W -R /1 ZONE 1/2 BARLOW, HAL SLP10845 1/31/2009 8 3708 CHANNEL PL BARME, MICHAEL SLP10754 4/30/2007 8 5811 SEASHORE DR BARRETT, GREG & PAM SLP10825 4/30/2007 5 125 27TH ST #A BARRETT, GREG & PAM SLP10915 4/30/2007 8 125 27TH ST #B BATELLI, ROY SLP10484 4/30/2007 8 1023 BALBOA BLVD E #A BATES, ROBERT M SLP10945 4/30/2007 10 333 GRAND CANAL BAYAR, MAHMOUD SLP11035 1/31/2009 6 6404 OCEAN FRONT W BEACHWALK INC SLP10083 1/31/2009 6 5408 SEASHORE DR A BEACHWALK INC SLP10084 1/31/2009 8 5408 SEASHORE DR B BEARDALL, JOHN SLP10944 4/30/2007 0 1619 BALBOA BLVD W BEESLEY, PATRICIA E SLP10759 4/30/2007 8 3308 OCEAN FRONT W A BEESLEY, PATRICIA E SLP11105 4/30/2007 8 3308 OCEAN FRONT W B BELCORE, GAETANO SLP10903 4/30/2007 8 303 SAPPHIRE AVE BELOGORSKY, SHELBY SLP10991 4/30/2006 10 2234 CHANNEL RD -R /1 ZONE BENJAMIN A KIDD TRUST SLP10292 4/30/2007 7 2814 OCEAN FRONT W A BENJAMIN A KIDD TRUST SLP10293 4/30/2007 6 2814 OCEAN FRONT W B BERTOLINO, PIERRE SLP10327 4/30/2005 10 7310 OCEAN FRONT W BERTOLINO, PIERRE SLP10328 4/30/2005 10 7310 OCEAN FRONT W 112 BERWALD, JOHN SLP10138 4/30/2007 6 313 GRAND CANAL BERWALD, JOHN SLP10139 4/30/2007 4 313 GRAND CANAL 112 BIDART, LEONARD A SLP10634 . 1/31/2009 8 510 BAY FRONT S BIDART, LEONARD A SLP10635 1/31/2009 4 510 BAY FRONT S 112 BLACK, JOHN W SLP11029 1/31/2009 8 321 DIAMOND AVE BLEDSTEIN I MARK SLP10398 4130/2007 7 309 SAPPHIRE AVE 112 BLEIWEIS MARK SLP10432 4/30/2007 8 5207 SEASHORE DR -R /1 ZONE A BLEIWEIS MARK SLP10433 4/30/2007 8 5207 SEASHORE DR -R /1 ZONE B BOND, CYNTHIA N SLP11137 1/31/2009 6 203 GARNET AVE BONILLAS, STANLEY SLP10785 1/31/2009 8 211 34TH ST A BONNIE & DANIEL LEONARD BONNIE & DANIEL LEONARD BORBA, JAMES BORBA, JAMES JAMES PAUL BORKE REVOCABLE TR BORKE, TRUSTEE, JAMES PAUL BIMCO BORLAND, JOE BIMCO BORLAND, JOE BOSE, MARILYN J BOSE MARILYN BOSE, MARILYN J BOSE MARILYN TRB MANAGEMENT SERVICES BOSLEY, EDWARD & RITA MICHAEL BOURESTON BOURESTON, MICHAEL BUNNY BOWERS BOWERS, BUNNY BOWMAN, BRADFORD S BOWMAN, BRADFORD BOWMAN, BRADFORD S BOWMAN, BRADFORD BETSY BOYD BOYD BETSY R KENNON & DIANE K BOYDEN BOYDEN, R KENNON & DIANE R KENNON & DIANE K BOYDEN BOYDEN, R KENNON & DIANE BREEN,PETER BREEN,PETER BROWN, GEORGE BROWN, GEORGE BROWN, ROBERT K & DENISE A BROWN, ROBERT K JEAN BUUTON BRUTON, JEAN MARY AND KEN BRYANT BRYANT, KEN /MARY MARY AND KEN BRYANT BRYANT, KEN /MARY CALIF LTD PARTNERSHIP #B -N12 BUCHAK, RUBEN CALIF LTD PARTNERSHIP #B -N12 BUCHANAN RENTALS LLC BUCHANAN RENTALS LLC ROBERT BUCKLAND ROBERT BUCKLAND BUNKER, EARLE AND MARY LOUISE BUNKER, EARLE AND MARY LOUISE BURCAW, MARK & MARDY ROBIN & BILL BURK BURNHAM,BRENT RON BURNS DANIEL & JOAN BURT BURTON, DEA A BURTON, DEA A BUTLER MARILYN K BUCHAK,RUBEN BUCHANAN, SUZETTE BUCHANAN, SUZETTE BUCKLAND, ROBERT BUCKLAND, ROBERT BUNKER EARLE BUNKER EARLE BURCAW, MARK & MARDY BURK, BILL BURNHAM,BRENT BURNS,RON BURT, DANIEL & JOAN BURTON DEA BURTON DEA BUTLER JOHN SLP11133 4/30/2007 6 3126 BREAKERS DR SLP10773 4/30/2007 7 5205 SEASHORE DR -R /1 ZONE A SLP10575 4/30/2007 0 604 BAY FRONT S SLP10710 4/30/2005 8 123 GARNET A SLP10711 4/30/2005 8 123 GARNET 1/2 SLP10143 1/31/2009 7 117 33RD ST A SLP10144 1/31/2009 7 117 33RD ST B SLP10487 1/31/2009 7 114 BALBOA BLVD E -R /1 ZONE B SLP11138 4/30/2007 11 447 VIA LIDO SOLID SLP11088 4/30/2007 9 209 BALBOA BLVD E SLP10826 4/30/2007 6 128 45TH ST SLP10827 4/30/2007 6 12845TH ST 1/2 SLP10382 1/31/2009 6 125 34TH ST SLP10068 1/31/2009 8 315 DIAMOND AVE SLP10069 1/31/2009 6 315 DIAMOND AVE 1/2 SLP11034 4/30/2007 6 129 33RD ST A SLP11084 1/31/2009 6 204 34TH ST SLP10070 4/30/2007 4 319 DIAMOND AVE SLP10692 4/30/2007 10 219 GOLDENROD AVE -R /1 ZONE SLP10829 1/31/2009 10 116 46TH ST A SLP10830 1/31/2009 8 116 46TH ST SLP10267 4/30/2007 8 812 OCEAN FRONT E A SLP10268 4/30/2007 8 812 OCEAN FRONT E B SLP10872 4/30/2007 10 4912 SEASHORE DR A SLP10873 4/30/2007 14 4912 SEASHORE DR B SLP10240 1/31/2009 3 130 45TH ST A SLP10241 1/31/2009 3 130 45TH ST B SLP10602 1/31/2009 4 4201 SEASHORE DR A SLP10603 1/31/2009 7 4201 SEASHORE DR B SLP10371 4/30/2007 8 4900 SEASHORE DR #B B SLP11024 4/30/2007 10 126 AGATE SLP10140 4/30/2007 4 325 GRAND CANAL SLP10125 4/30/2007 8 3505 FINLEY AVE SLP11061 4/30/2007 7 1713 BALBOA BLVD W A SLP10570 4/30/2007 4 215/217 BAY FRONT E #215 SLP10921 4/30/2007 4 215/217 BAY FRONT E #217 SLP10525 4/30/2007 16 905 BALBOA BLVD W CACCHIA, JO JAHNS CADMAN FAMILY CALLISTER & GLYER TRUST CAMPBELL PROPERTIES DON CANNING DON CANNING CAREY, JOSEPH & SUSAN CARLSON,J CARMACK, GEORGE N CARMACK, GEORGE N HIRAM CARRINGTON III CARTER, DALE K CARTER, DALE K CARUSO, DAVID E JR CASTLEMAN, LORIN CRAIG D CAVILEER JOHN CHAIX ARMEN CHALIAN ELDER, VIRGINIA CHAMBERS CHARNEY, KIM MD CHEE, JUDY & GONG, SUSAN JAMES A CHENEY CACCHIA, JO JAHNS CADMAN FAMILY CALLISTER & GLYER TRUST CAMPBELL, ROBERT A CANNING, DON CANNING, DON CAREY, JOSEPH S CARLSON,J CARMACK GEORGE CARMACK GEORGE CARRINGTON III, HIRAM CARTER DALE CARTER DALE CARUSO JR DAVID CASTLEMAN, LORIN CAVILEER, CRAIG CHAIX, JOHN CHALIAN, ARMEN CHAMBERS, VIRGINIA CHARNEY MD KIM CHEE, JUDY CHENEY, JAMES SUNDANCE GROUP LLC CHOW, TERRENCE SUNDANCE GROUP LLC CHOW, TERRENCE SUNDANCE GROUP LLC CHOW, TERRENCE CLINT CHRISTIE/GLORIA SANCHEZ CHRISTIE, CLINT CLINT CHRISTIE/GLORIA SANCHEZ CHRISTIE, CLINT CHRISTIE INVESTMENTS CHRISTIE, DIANE CHU, FRANK & LIZ CHU, OWENA ELIZABETH CLARK FAMILY TRUST CLARK CHARLES CLARK, ANNE CLARK, ANNE CLARK, ANNE CLARK, ANNE CLAYTON, CLAYTON & MARY HARDE CLAYTON, CARY & MARY CLOSE, RICHARD CLOSE, RICHARD COLOME, SALLY COLOME, SALLY O'DONNELL, JOHN & BARBARA COLVILLE/O'DONNELL COMPTON, RICHARD & PATRICIA COMPTON RICHARD SLP10727 1/31/2009 4 11725TH ST -R/1 ZONE SLP10429 1/31/2009 10 4808 SEASHORE DR #B #B SLP10576 1/31/2009 6 702 BAY FRONT S SLP11009 4/30/2007 6 223 HELIOTROPE AVE -R/1 ZONE SLP10506 1/31/2009 8 1819 BALBOA BLVD W A SLP10507 1/31/2009 10 1819 BALBOA BLVD W B SLP10559 4/30/2007 10 1206 BAY FRONT S SLP10352 1/31/2009 8 134 OPAL AVE SLP10578 1/31/2009 6 801 BAY FRONT N 1/2 SLP10838 1/31/2009 6 801 BAY FRONT N SLP11086 4/30/2007 0 1229 BALBOA BLVD W #1/2 SLP10362 1/31/2009 8 121 PEARL AVE SLP10363 1/31/2009 4 121 PEARL AVE I/2 SLP10604 4/30/2007 9 5109 SEASHORE DR -R /1 ZONE SLP10322 4/30/2007 7 612 OCEAN FRONT W -R /1 ZONE SLP10006 4/30/2007 6 304 COLLINS AVE SLP10010 4/30/2007 6 12825TH ST -R/1 ZONE SLP11087 1/31/2009 8 7003 1/2 SEASHORE DR SLP10242 4/30/2007 7 118 OCEAN FRONT E -R/1 ZONE SLP10115 1/31/2009 8 4811 SEASHORE DR SLP10856 4/30/2007 8 4812 NEPTUNE AVE LOWER SLP11054 4/30/2007 0 203 AMETHYST SLP11106 1/31/2009 7 1514 OCEAN FRONT W A SLP11107 1/31/2009 6 1514 OCEAN FRONT W B SLP11108 1/31/2009 6 1514 OCEAN FRONT W C SLP10868 1/31/2009 10 5010 NEPTUNE AVE A SLP10869 1/31/2009 8 5010 NEPTUNE AVE B SLP11134 1/31/2009 8 201 AGATE SLP11012 1/31/2009 14 205 BALBOA BLVD E SLP10524 4/30/2007 10 906 BALBOA BLVD E SLP10359 1/31/2009 4 1305 PARK AVE A SLP10690 1/31/2009 6 1305 PARK AVE B SLP10939 4/30/2007 6 203 EMERALD AVE SLP10763 1/31/2009 6 311 LINDOAVE -R/1 ZONE SLP10813 4/30/2005 8 106 31 ST ST SLP10741 4/30/2005 10 706 OCEAN FRONT W -R /1 ZONE A SLP10263 1/31/2009 6 1730 OCEAN FRONT E -R/1 ZONE CONNELLY /COLQUHOUN W EBCO COONS, DALE E AND PRISCILLA COONS, DALE E AND PRISCILLA CORNYN, RITA CORNYN COSGROVE,RODGER COWAN / RICHARDS COWAN / RICHARDS JOHN COX CRISTANI, STEVE & TAMMY CUMMINGS, JOHN H UNIFIED CREDI CUMMINGS, JOHN H UNIFIED CREDI D'AQUILA, BEN & LIA D'AQUILA, BEN & LIA D'AQUILA, BEN & LIA DAGORT RESIDENT TRUST PAMELA DALBY DANIEL, SCOTT DANIEL, SCOTT PENELOPE MYERS DARLING CHARLES DARQUEA CHARLES DARQUEA DARQUEA, CHARLIE & PATRICIA DARQUEA, CHARLIE & PATRICIA DATO,BOB DAVIES, STANTON W DAVIS, ELEANOR & KEASTER, HELE DAVIS, ELEANOR & KEASTER, HELE OMER DAWSON OMER DAWSON DAY, DEBORAH CECILE DU BEAU TRUST DE ROSA, JOHN J 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4/30/2005 SLP10289 4/30/2007 SLP10159 4130/2007 SLP 10273 1/31/2009 SLP10260 SLP10748 SLP10749 SLP10750 SLP10751 SLP10364 SLP10871 SLP10784 SLP10933 SLP10674 SLP10031 SLP10032 SLP10033 SLP10034 SLP10911 SLP10059 SLP10961 SLP10058 SLP10705 SLP11112 SLP10859 SLP10081 SLP11019 SLP10774 SLP10984 SLP10985 SLP10860 SLP10861 SLP10862 SLP10863 SLP10924 SLP10009 4/30/2007 4/30/2007 4/30/2007 4/30/2007 4/30/2007 1/31/2009 4/30/2007 1131/2009 1/31/2009 1/31/2009 1/31/2009 1/31/2009 1/31/2009 1/31/2009 1/31/2009 1/31/2009 1/31/2009 1/31/2009 1/31/2009 4/30/2007 1/31/2009 4/30/2007 4/30/2007 4/30/2007 4/30/2006 4/30/2006 1/31/2009 1/31/2009 1/31/2009 1/31/2009 1/31/2009 4/30/2006 6 216 ONYX AVE 4 216 ONYX AVE 1/2 6 216 OCEAN FRONT E 6 115 34TH ST #A A 6 1918 OCEAN FRONT W -R /1 ZONE 6 1720 OCEAN FRONT W 6 413 BALBOA BLVD E A 4 413 BALBOA BLVD E B 6 415 BALBOA BLVD E A 4 415 BALBOA BLVD E B 3 124 PEARL AVE 1/2 6 415 EDGEWATER PL 7 821 BALBOA BLVD W A 6 821 BALBOA BLVD W B 6 2019 OCEAN BLVD -R /1 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JACOBSJAY JACOBS, JEFF JACOBS, JUDI JACOBS, JUDI JACOBSON JAMIDAR, PRIYA & MELISSA JEFFERSON MARGARET JESSUP JESSUP, ANDREW JESSUP MARILYNJOHNSON JOHNSON /KALMBACH APARTMENT A APARTMENT B JOHNSON CHARLES APARTMENT A APARTMENT B JOHNSON CHARLES DAVE C JOHNSON VACATION RENTA JOHNSON, DAVE C DAVE C JOHNSON VACATION RENTA JOHNSON, DAVE C DAVE C JOHNSON VACATION RENTA JOHNSON, DAVE C HENRYJOHNSON JOHNSON,HENRY ROBERT /NANCYJOHNSTON JOHNSTON,ROBERT/NANCY ROBERT /NANCYJOHNSTON JOHNSTON,ROBERT/NANCY TON, INC JOHNSTON, ROLLAND GENE TON, INC JOHNSTON, ROLLAND GENE TON, INC JOHNSTON, ROLLAND GENE JOHNSTONE, SHIRLEY JOHNSTONE SHIRLEY JONES, MATTHEW O JONES MATTHEW TRACYJONES JONES, TRACY TRACYJONES JONES, TRACY SLP10449 4/30/2007 8 308 ALVARADO PL -R /1 ZONE SLP10450 4/30/2007 8 308 ALVARADO PL -R /1 ZONE 1/2 SLP10893 1/31/2009 7 2008 OCEAN FRONT W A SLP10894 1/31/2009 7 2008 OCEAN FRONT W B SLP10023 4/30/2007 6 308 CORONADO ST -R/1 ZONE SLP10116 4/30/2007 5 11031 ST ST 1/2 SLP10117 4/30/2007 8 112 31ST ST A SLP10118 4/30/2007 8 112 31ST ST B SLP10264 1/31/2009 4 1802 OCEAN FRONT W 1/2 SLP10209 1/31/2009 10 5202 NEPTUNE AVE SLP10406 4/30/2007 6 3607 SEASHORE DR A SLP10407 4/30/2007 8 3607 SEASHORE DR B SLP10611 1/31/2009 10 4111 SEASHORE DR SLP10619 1/31/2009 8 1606 OCEAN FRONT W SLP10649 1/31/2009 4 1804 OCEAN FRONT W A SLP10650 1/31/2009 6 1804 OCEAN FRONT W B SLP11052 4/30/2007 0 1306 BAY FRONT S SLP10739 4/30/2005 6 1574 OCEAN BLVD -R /1 ZONE SLP10392 1/31/2009 6 113 SAPPHIRE AVE SLP10590 1/31/2009 8 601 BAY AVE W 601 SLP10803 1/31/2009 12 601 BAY AVE W 603 SLP10734 1/31/2009 6 324 MONTERO AVE SLP10535 4/30/2007 8 106 30TH ST A SLP10536 4/30/2007 10 106 30TH ST B SLP10731 4/30/2005 6 1811 BALBOA BLVD W A SLP10732 4/30/2005 6 1811 BALBOA BLVD W B SLP10733 4/30/2005 6 1811 BALBOA BLVD W C SLP10323 1/31/2009 6 2202 OCEAN FRONT W SLP10897 1/31/2009 8 129 27TH ST A SLP10898 1/31/2009 10 129 27TH ST B SLP10048 1/31/2009 8 1925 COURT AVE -R/1 ZONE A SLP10049 1/31/2009 8 1925 COURT AVE -R /1 ZONE B SLP10050 1/31/2009 6 1925 COURT AVE -R /1 ZONE C SLP10171 4/30/2007 6 312 ISLAND AVE -R /1 ZONE SLP10425 4/30/2007 6 4901 SEASHORE DR -R /1 ZONE SLP10494 4/30/2007 7 1409/1411 BALBOA BLVD W SLP10495 4/30/2007 5 1409/1411 BALBOA BLVD W ONETAJOSENHANS JUNGE,GARY JUNGELAND RAFIK KAMELL RAFIK KAMELL 129 34TH VACATION RENTAL KAPLAN, DAVID KAPLAN, DAVID ATHENA KARSANT DAN KASCHMITTER KAYAJANIAN, JACK KEANE PROPERTIES KELLY, GWENDOLYN 118 38TH ST LLC KENNEY, H WESLEY & HEATHER N MCARTHY FAMILY TRUST /KEVIN MCARTHY FAMILY TRUST /KEVIN KHALIFE, DR MOHAMMED KHALIFE, DR MOHAMMED KIDD, DENNIS KIDD, DENNIS KIDD, DENNIS KING, JOSEPHINE D KING, JOSEPHINE D ALEXANDRIA RENTAL ALEXANDRIA RENTAL KLAR FAMILY PARTNERSHIP KLAR FAMILY PARTNERSHIP NORMA KLEIN PENNY KNOX C & S ENTERPRISES PAULKOTT ROBERT KOURY PROPERTIES KRUSE, RICHARD KRUSE, RICHARD SAMIR KUBBA SAMIR KUBBA JOSENHANS,ONETA JUNGE,GARY JUNGE, STEVE KAMELL, RIAFIKY KAMELL, RAAFIK Y KAMERMAN, PATI KAPLAN,DAVE KAPLAN, DAVE KARSANT,ATHENA KASCHMITTER, DAN KAYAJANIAN, JACK KEANE,ROBERT KELLY, GWENDOLYN KELLY, KEVIN KENNEY H WESLEY KEVIN MCCARTHY KEVIN MCCARTHY KHALIFE DR MOHAMMED KHALIFE DR MOHAMMED KIDD, DENNIS KIDD, DENNIS KIDD, DENNIS KING, JOSEPHINE KING, JOSEPHINE KIROLOS, KARL KIROLOS, KARL KLAR, ROBERT W KLAR, ROBERT W KLEIN, NORMA KNOX,PENNY KORNBLUM, M/M S KOTT, PAUL & LISA KOURY,ROBERT KRUSE RICHARD SLP10621 1/31/2009 4 312 ONYX AVE 6 SLP10977 4/30/2007 7 125 33RD ST 1/31/2009 SLP10682 1/31/2009 12 247 WALNUT -R /1 ZONE SLP11082 1/31/2009 8 4005 SEASHORE DR A SLP11083 1/31/2009 8 4005 SEASHORE DR B SLP10644 4/30/2007 5 129 34TH ST 1906 OCEAN FRONT W -R/1 ZONE SLP10402 4/30/2007 10 3509 SEASHORE DR A SLP10403 4/30/2007 6 3509 SEASHORE DR B SLP10552 4/30/2007 4 809 1/2 BAY AVE E SLP10753 4/30/2007 10 1631 BALBOA BLVD E SLP10844 4/30/2007 7 120 43RD ST 228 OPAL AVE 228 SLP10728 1/31/2009 8 808 OCEAN FRONT W -R /1 ZONE SLP10612 SLP11015 SLP10338 SLP11129 SLP11130 SLP10141 SLP10142 SLP10597 SLP10598 SLP10821 SLP10513 SLP10514 SLP10828 SLP10914 SLP10941 SLP11147 SLP10663 SLP11124 SLP10574 SLP10670 SLP10706 SLP10044 KRUSE RICHARD SLP10045 KUBBA, SAMIR & AMUPAM MARWAH SLP10680 KUBBA, SAMIR & AMUPAM MARWAH SLP10681 1/31/2009 8 1215 BALBOA BLVD E -R /1 ZONE 1/31/2009 6 118 38TH ST 1 4/30/2007 12 206 ONYX AVE 1/31/2009 6 5305 SEASHORE DR -R/1 ZONE A 1/31/2009 8 5305 SEASHORE DR -R/1 ZONE B 4/30/2007 8 107 33RD ST A 4/30/2007 8 107 33RD ST B 4/30/2007 8 1616 OCEAN FRONT W A 4/30/2007 8 1616 OCEAN FRONT W B 4/30/2007 8 1906 OCEAN FRONT W -R/1 ZONE 4/30/2007 11 125 45TH ST 4/30/2007 11 125 45TH ST 1/2 4/30/2007 6 1800 OCEAN FRONT W 4/30/2007 6 1800 OCEAN FRONT W 1/2 1/31/2009 7 413 EDGEWATER E 1/2 1/31/2009 6 413 EDGEWATER E 1/31/2009 10 628 OCEAN FRONT W -R/1 ZONE 4/30/2007 5 228 OPAL AVE 228 4/30/2005 4 3014 OCEAN FRONT W 1/31/2009 8 2910 OCEAN FRONT W #B 1/31/2009 0 6001 SEASHORE DR 1/31/2009 6 12128THSTA 1/31/2009 8 121 28TH ST B 1/31/2009 8 118 42ND ST #A 1/31/2009 8 118 42ND ST #13 ROBERT KUPPER KUPPER, ROBERT SLP10864 1/31/2009 6 204 BAY FRONT S DAMIAN KUTZNER C/O INFORTE FIN KUTZNER, DAMIAN SLP10969 4/30/2007 5 124 30TH ST GAYLE LABASS LABASS, GAYLE SLP10496 4/30/2007 6 1521 BALBOA BLVD W RONALD LABOWE LABOWE, RONALD SLP10529 1/31/2009 6 1404 OCEAN FRONT W A RONALD LABOWE LABOWE, RONALD SLP10530 1/31/2009 6 1404 OCEAN FRONT W B RONALD LABOWE LABOWE, RONALD SLP10531 1/31/2009 10 1404 OCEAN FRONT W C LAIB, ROLF A LAIB ROLF SLP10551 1/31/2009 4 416 BAY AVE E 1/2 MICHAEL & MARGARET E LANNI LANNI, MARGARET & MICHAEL SLP10688 4/30/2005 6 206 TOPAZ AVE #A LARSEN, GAYLORD & K MURIEL LARSEN, GAYLORD D SLP10061 1/31/2009 6 113 DIAMOND AVE LARSEN, PATTI & JOHN LARSEN, PATTI & JOHN SLP10910 4/30/2007 6 127 ABALONE AVE LARSON, BETTY L LARSON, BETTY L SLP10518 1/31/2009 6 4203 SEASHORE DR LARSON, BETTY L LARSON, BETTY L SLP10519 1/31/2009 10 4203 SEASHORE DR 1/2 LARSON RUEBEN D LARSON,, REUBEN D SLP10613 4/30/2007 6 2710 OCEAN FRONT W -R /1 ZONE LAS BRISAS APARTMENTS LAS BRISAS APARTMENTS SLP11090 4/30/2007 4 5515 RIVER AVE #109 LAS BRISAS APARTMENTS LAS BRISAS APARTMENTS SLP11091 4/30/2007 3 5515 RIVER AVE #211 LAS BRISAS APARTMENTS LAS BRISAS APARTMENTS SLP11092 4/30/2007 2 5515 RIVER AVE #207 LAS BRISAS APARTMENTS LAS BRISAS APARTMENTS SLP11093 4/30/2007 3 5515 RIVER AVE #213 LAUB FAMILY TRUST LAUB FAMILY TRUST SLP11097 4/30/2007 5 213 OPAL AVE PUERTO NUEVO TRUST LAUREN SEPULVEDA TRUSTEE SLP10173 4/30/2007 6 123 36TH ST #B B ELMER LAVERTU, INVESTOR LAVERTU, ELMER SLP10215 4/30/2007 4 118 44TH ST A ELMER LAVERTU, INVESTOR LAVERTU, ELMER SLP10216 4/30/2007 6 118 44TH ST B LAYNE, GREG LAYNE, GREG SLP10286 1/31/2009 10 202 OCEAN FRONT E LAZZAREVICH, DANIEL J LAZZAREVICH DANIEL SLP10435 1/31/2009 11 5303 SEASHORE DR -R /1 ZONE LEDUC, MICHAEL LEDUC, MICHAEL SLP10950 4/30/2007 6 4902 NEPTUNE AVE A LEDUC, MICHAEL LEDUC, MICHAEL SLP10951 4/30/2007 6 4902 NEPTUNE AVE B LEDUC, MICHAEL LEDUC, MICHAEL SLP10848 4/30/2007 6 4904 NEPTUNE AVE A LEDUC, MICHAEL LEDUC, MICHAEL SLP10849 4/30/2007 6 4904 NEPTUNE AVE B LEDUC, MICHAEL LEDUC, MICHAEL SLP11094 4/30/2007 6 3907 SEASHORE DR A LEDUC, MICHAEL LEDUC, MICHAEL SLP11095 4/30/2007 6 3907 SEASHORE DR B LEE JANICE S. 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LOIS E DOLA M MILLER MILLER, LESLEY MILLET, RICHARD MILLIGAN, JOSEPH R/KAREN S MILLIGAN, JOSEPH R/KAREN S MILLS, SUSAN & CREIGHTON DAVID MINASIAN MISHICA, CHRISTINE ERICK MOCK MOCK, PHILIP MOIR FAMILY TRUST MOMOT, JOHN J MOORE, BOB & HELEN MAURIN, ERIC SLP10087 1/31/2009 6 5012 SEASHORE DR A MAURIN, ERIC SLP10088 1/31/2009 8 5012 SEASHORE DR B MAY, WILLIAM H SLP10617 4/30/2007 0 3903 SEASHORE DR #A #A MAYER PAUL SLP10537 1/31/2009 6 1415 BAY AVE W MC CAMY WANDA SLP10349 1/31/2009 6 127 OPAL AVE MC CAULEY, PAMELA SLP10467 4/30/2007 5 309 AMETHYST AVE MCCONVILLE, TED & RUTH SLP10896 1/31/2009 6 703 BAY FRONT N MCCULLOUGH, BARBARA SLP10900 4/30/2007 6 209 PEARL AVE MCDONALD, GREG SLP10957 1/31/2009 6 130 47TH ST MCKENNON, TAMARA SLP10967 4/30/2007 6 1809 BALBOA BLVD W MCKENNON, TAMARA SLP10968 4/30/2007 6 1809 BALBOA BLVD W 1/2 MERRITT, KIM SLP10459 4/30/2007 6 201 AMETHYST AVE MERRITT, KIM SLP10460 4/30/2007 6 201 AMETHYST AVE 1/2 MERTZ, THEODRE H SLP10186 4/30/2007 6 322 LINDO AVE -R /1 ZONE MESSERSCHMITT TRUST SLP10244 4/30/2007 8 408 OCEAN FRONT E A MESSERSCHMITT TRUST SLP10245 4/30/2007 7 408 OCEAN FRONT E B MESSERSCHMITT, JOHN SLP10247 4/30/2007 6 5404 SEASHORE DR A MESSERSCHMITT, JOHN SLP10248 4/30/2007 10 5404 SEASHORE DR B MEYERS, MICHAEL SLP11073 4/30/2007 8 322 GRAND CANAL MICHAEL, LARRY SLP10599 1131/2009 7 105 32ND ST MIDYETT, IVAL SLP10776 1131/2009 6 1515 OCEAN BLVD -R/1 ZONE MIKKELSEN, JOAN L SLP10024 4/30/2007 8 319 CORONADO ST -R /1 ZONE MILANO, SHEILA SLP10760 1/31/2009 6 204 OCEAN FRONT E #B MILLER LOIS SLP10103 4/30/2007 7 2908 OCEAN FRONT W MILLER, DOLA M SLP11065 4/30/2007 5 308 RIALTO MILLER, LESLEY SLP10219 1/31/2009 6 1559 OCEAN BLVD -R /1 ZONE MILLET, RICHARD SLP10793 4/30/2007 16 117 30TH ST MILLIGAN,JOSEPH /KAREN SLP10145 1/31/2009 10 121 33RD ST MILLIGAN,JOSEPH /KAREN SLP10146 1131/2009 12 121 33RD ST 1/2 MILLS, SUSAN & CREIGHTON SLP10834 1/31/2009 10 312 SAPPHIRE AVE MINASIAN, DAVID SLP11113 4/30/2007 14 4205 SEASHORE DR MISHICA, CHRISTINE SLP11017 1/31/2009 8 1105 BALBOA BLVD E MOCK, ERIC SLP11126 4/30/2007 0 303 33RD 1/2 MOCK, PHILIP SLP10704 4/30/2007 9 124 34TH ST MOIR, MARGARET SLP10901 4/30/2007 0 125 PEARL AVE MOMOT, JOHN J SLP10886 1/31/2009 8 109 07TH ST -R/1 ZONE MOORE, BOB & HELEN SLP10308 4/30/2007 7 3112 OCEAN FRONT W A MOORE, BOB & HELEN MOORE, BOB & HELEN MOORE, BOB & HELEN MORAMARCO, MR & MRS M MORAMARCO, MR & MRS M MORAMARCO, MICHAEL MORAMARCO, MICHAEL MORGAN, THOMAS H MORRIS, ROBERT R & HIRST, AUDR MORRIS, ROBERT R & HIRST, AUDR MORRIS, JEFF MORRISON, TED E OPO PARTNERS LP M M PROPERTIES MOTT FAMILY -MARY LEE MOTT JANIS A MOUDY MOY, MARIANNE MOY MARIANNE J C/O KEVIN JUE MOY MARIANNE J C/O KEVIN JUE MOY, MARIANNE JUE MOY, MARIANNE JUE MUNSON, RICHARD MURRAY, PAMELA & MARK MURRAY, PAMELA CASA DE BALBOA / PAM MURRAY HEATHER MUSULMAN MUTH, JAMES & MICHELE MUTH, JAMES & MICHELE MUTH, JAMES & MICHELE NAGLER, JIM ELIZABETH NASH - 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SAKO OHANESIAN, DR. SAKO OLIVE H ORTH - SIEWERT LIVING TR OLIVER RICHARD OLSON,KENNETH OSGOOD, NANCY OSGOOD, NANCY OSTERKAMP, JOHN OTA, CARI OUZOUNIAN, ALICE PADOVA, JAMES & MARILYN A PADOVA, JAMES & MARILYN A PAINTER, SUSAN PARASHIS, HARRY PARASHIS, HARRY PARASHIS, HARRY PARASHIS, HARRY PARIKH, BHUPOSH & KUMUD PARKER,J PARKER,J PARKHURST, JAMES E PATEL MD, MINAXI G PATEL MD, MINAXI G PAUL, JILL PEEK, SUZANNE PEEK, SUZANNE PEREIRA, ALEXANDRA PEREIRA, ALEXANDRA PERNECKY. SALLY SLP10440 4/30/2007 8 5710 SEASHORE DR SLP10385 1/31/2009 6 221 AGATE AVE SLP10395 1/31/2009 6 218 SAPPHIRE AVE SLP10572 4/30/2007 6 520 BAY FRONT S SLP10573 4/30/2007 8 520 BAY FRONT S 1/2 SLP11053 1/31/2009 4 116 RUBY AVE SLP10488 1/31/2009 8 1237 BALBOA BLVD W B SLP10489 1/31/2009 8 1237 BALBOA BLVD W A SLP10157 4/30/2007 6 112 34TH ST A SLP10158 4/30/2007 6 112 34TH ST B SLP10200 4/30/2007 9 325 MEDINA WAY SLP10054 4/30/2007 6 219 CRYSTAL AVE SLP10596 1/31/2009 8 3511 SEASHORE DR SLP10025 4/30/2007 8 117 27TH ST SLP10026 4/30/2007 8 117 27TH ST 1/2 SLP10917 4/30/2007 0 117 EMERALD AVE SLP11038 4/30/2007 7 1627 BALBOA BLVD W #1/2 B SLP10636 4/30/2007 10 1222 BALBOA BLVD E -R /1 ZONE SLP10560 1/31/2009 6 314 ONYX AVE SLP10561 1/31/2009 6 314 ONYX AVE I/2 SLP10684 4/30/2007 6 205 RUBY AVE SLP10986 4/30/2007 8 514 OCEAN FRONT E A SLP10987 4/30/2007 4 514 OCEAN FRONT E B SLP10988 4/30/2007 6 514 OCEAN FRONT E C SLP10989 4/30/2007 8 514 OCEAN FRONT E D SLP10843 4/30/2007 4 3102 OCEAN FRONT W SLP10661 1/31/2009 10 4715 RIVER AVE SLP10662 1/31/2009 10 4715 RIVER AVE 1/2 SLP10346 4/30/2007 8 107 OPAL AVE 1/2 SLP10325 1/31/2009 6 7002 OCEAN FRONT W A SLP10326 1/31/2009 10 7002 OCEAN FRONT W B SLP10923 4/30/2007 9 118 40TH ST A SLP10585 4/30/2007 0 1007 BALBOA BLVD E 4 SLP10586 4/30/2007 6 1007 BALBOA BLVD E 5 SLP10946 4/30/2007 6 127 41 ST ST SLP10947 4/30/2007 6 12741 ST ST #1/2 SLP10420 4/30/2007 8 4305 SEASHORE DR PETERS, HOMER (SAPPHIRE) YOUR HOME AT THE BEACH YOUR HOME AT THE BEACH PHILLIPS, MARY JO POPLETT. 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5911 SEASHORE DR TRI- GLOBAL GROUP LLC TRI- GLOBAL GROUP LLC SLP10717 1/31/2009 8 5005 SEASHORE DR -R /1 ZONE VINAYA TRIPURANENI TRIPURANENI, VINAYA SLP11022 4/30/2007 8 309 32ND ST A VINAYA TRIPURANENI TRIPURANENI, VINAYA SLP11023 4/30/2007 8 309 32ND ST B JAY TUFANO AND AARON MCKOW N TUFANO, JAY SLP11143 4/30/2007 10 124 35TH ST #1/2 A RICHARD UNGERLAND UNGERLAND, RICHARD SLP10008 1/31/2009 8 319 COLLINS AVE URSINI, FRANCES URSINI, FRANCES SLP10290 1/31/2009 6 2010 OCEAN FRONT W VAN NATTA, FINI VAN NATTA, FINI SLP10580 4/30/2007 6 1310 BAY FRONT S VANIAN, MARY VANIAN, MARY SLP10284 1/31/2009 6 2006 OCEAN FRONT W A VANIAN, MARY VANIAN, MARY SLP10285 1/31/2009 6 2006 OCEAN FRONT W B VANIS, RICHARD VANIS, RICHARD SLP11066 4/30 /2007 10 209 AGATE AVE STEVE VARNER VARNER, STEVE SLP10029 4/30/2007 7 327 ANADE AVE VICKLIN VICKERS, WILLIAM W SLP10401 1/31/2009 6 3410/3412 SEASHORE DR B TERRY VINES VINES, TERRY SLP10372 4/30/2005 6 108/110 ADAMS ST A TERRY VINES VINES, TERRY SLP10373 4/30/2005 6 108/110 ADAMS ST B VISEL, JON J VISEL, JON J SLP10857 4/30/2007 9 204 APOLENA AVE ROBERT RYAN LLC VITT, RYAN A SLP10916 4/30/2007 0 112 24TH ST WACHTER FAMILY TRUST WACTER FAMILY TRUST, TIM SLP10719 4/30/2007 4 3306 OCEAN FRONT W A WACHTER FAMILY TRUST WACTER FAMILY TRUST, TIM SLP11071 4/30/2007 6 3306 OCEAN FRONT W B WADSWORTH, LOIS WADSWORTH, LOIS SLP10787 4/30/2007 0 123 40TH ST RENTAL PROPERTY WAGNER, HYLA P SLP10492 1/31/2009 10 1301 BALBOA BLVD E -R /1 ZONE RENTAL PROPERTY WAGNER, HYLA P SLP10493 1/31/2009 10 1301 BALBOA BLVD E -R /1 ZONE 1/2 JOHN R WAGNER WAGNER, JOHN R SLP10389 4/30/2007 10 319 RUBY AVE JOHN R WAGNER WAGNER, JOHN R SLP10390 4/30/2007 6 319 RUBY AVE 1/2 WALTERS, ALBERT C WALTERS ALBERT SLP10527 4/30/2007 6 1125 BAY AVE W WANG, MICHAEL WANG, MICHAEL SLP10764 4/30/2007 6 2308 OCEAN FRONT W -R/1 ZONE A WANG, MICHAEL WANG, MICHAEL SLP10765 4/30/2007 8 2308 OCEAN FRONT W -R/1 ZONE B WASSERMAN RESIDENSE WASSERMAN SLP10340 4/30/2005 6 225 ONYX AVE WATERMAN, SCOTT WATERMAN, SCOTT SLP10948 4/30/2007 5 122 36TH ST A WATERMAN, SCOTT WATERMAN, SCOTT SLP10949 4/30/2007 7 122 36TH ST B WATSON, GEORGE WATSON, GEORGE SLP10761 4/30/2007 0 112 GARNET AVE WATSON, MARY WATSON, MARY SLP10557 4/30/2004 5 1000 BAY FRONT S WEBB, MATTHEW E WEBB MATTHEW SLP10620 4/30/2007 8 504 OCEAN FRONT W -R /1 ZONE WEHR, DANIEL L WEHR, DANIEL SLP10745 4/30/2007 0 12524TH ST -R /1 ZONE WEINSTEIN, CHALRES D WEINSTEIN ANN MARIE & CHARLES SLP10475 1/31/2009 6 302 APOLENA AVE PARKER FAMILY RESIDUARY TRUST WELLS FARGO, PARKER FAMILY SLP11003 1/31/2009 4 3603 SEASHORE DR WELTMER, W L WELTMER WM SLP10374 4/30/2007 8 4916 SEASHORE DR A WELTMER, W L WELTMER WM SLP10375 4/30/2007 12 4916 SEASHORE DR B CURTIS & DEBBIE URELL WESSELN WESSELN, CURTIS WICKLAND, VALERIE WICKLAND, VALERIE R& C W ICKRAMASEKARAN W ICKRAMASCKARAN, R& C W IESER, PHYLLIS LAKE W IESER, PHYLLIS LAKE WILLIAMS, VICTOR M WILLIAMS, VICTOR WILLIAMS, VICTOR M WILLIAMS, VICTOR W ILLIAMSON, JANET J W ILLIAMSON, JANET J WILSON, BURTON L AND CHRISTEL WILSON BURTON WINDHAM, VAN /JULIE WINDHAM, VAN /JULIE NBH, LLC WISE, SCOTT WITTE, JOY WITTE, JOY WITTE, JOY WITTE, JOY WITTE, JOY WITTE, JOY WILLIAM M PODLEY TRUST WM M PODLEY TRUST WYNNE, CATHERINE WYNNE, CATHERINE YEE, JASON YEE, JASON YOUNG, ERIC YOUNG, ERIK YOUNG, ERIC YOUNG, ERIK YOUNGLOVE, BEN YOUNGLOVE, BEN YOUNGLOVE, HOWARD YOUNGLOVE/NORDLUND WILLIAM YOUPEL YOUPEL, WILLIAM WILLIAM YOUPEL YOUPEL, WILLIAM YUSEM, DAVID YUSEM, DAVID ZAKI, NAG ZAKI, NAGY ZAKI, NAG ZAKI, NAGY SLP10676 1/31/2009 8 SLP11076 4/30/2007 6 SLP10324 4/30/2007 6 SLP10343 4/30/2007 6 SLP10780 1/31/2009 6 SLP10781 1/31/2009 7 SLP10571 1/31/2009 8 SLP10002 4/30/2007 6 SLP10214 1/31/2009 6 SLP10673 4/30/2007 8 SLP10093 4/30/2007 4 SLP10094 4/30/2007 4 SLP10095 4/30/2007 6 SLP11127 4/30/2007 10 SLP10409 4/30/2007 7 SLP10261 4/30/2007 6 SLP10628 4/30/2007 6 SLP10629 4/30/2007 6 SLP11018 1/31/2009 10 SLP10762 4/30/2007 10 SLP11048 4/30/2007 12 SLP11049 4/30/2007 2 SLP11109 4/30/2007 6 SLP10799 4/30/2007 7 SLP10800 4/30/2007 7 Total Beds Licensed 5739 Average Per Unt 7.164794 2910 OCEAN FRONT W #A 1518/1520 ABALONE PL 6602 OCEAN FRONT W 308 ONYX AVE 1/2 310 ALVARADO PL -R /1 ZONE A 310 ALVARADO PL -R/1 ZONE B 311 BAY FRONT N 1/2 115 24TH ST -R/1 ZONE 126 43RD ST 111 42ND ST 107 30TH ST A 107 30TH ST B 107 30TH ST C 116 ABALONE AVE 3615 SEASHORE DR 1722 OCEAN FRONT W 125 30TH ST A 125 30TH ST B 1212 OCEAN FRONT W -R/1 ZONE 1220 OCEAN FRONT W -R /1 ZONE A 107 24TH ST -R/1 ZONE A 107 24TH ST -R/1 ZONE B 123 ONYX AVE 3310 OCEAN FRONT W A 3310 OCEAN FRONT W B Agenda Item No. 1 May 30, 2007 THE MAPS AND CHARTS PRESENTED BY MR. DILKES AT THE APRIL 24, 20079 CITY COUNCIL MEETING PERTAINING TO ITEM NO. S -20 (MORATORIUM ON TRANSITORY RESIDENTIAL USES) ARE HEREBY INCORPORATED BY REFERENCE AND ARE AVAILABLE FOR VIEWING ON THE CITY'S WEBSITE AS PART OF THE APRIL 24, 20079 COUNCIL AGENDA PACKET NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on a proposed urgency ordinance extending a moratorium on the establishment and operation of new residential uses that are transitory in nature such as parolee - probationer homes, safe houses, unlicensed residential care facilities and residential care facilities, general, as well as the issuance of new short-term lodging permits in all residential zoning districts for a period of up to ten months (10) and fifteen (15) days. The proposed ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and it prevents changes in the environment pending the completion of the contemplated municipal code review. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on Wednesday, May 30, 2007, at the hour of 6:00 p.m. in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this ordinance in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. For information call (949) 644 -3131. LaVonne M. Harkless, City Clerk City of Newport Beach FGZXe -ci-� �tu1 �i� ®� �11L�a� 9-M/A4)-tX -r--D QIO �'I1007 G' - mo� I -f-D DA� is df k r :;11'P10-7 Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214. September 29. 1961, and A -24331 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a parry to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: MAY 19,2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on MAY 19,2007 at Costa Mesa, California. Signature R. 0 l'— � tt %r BOFjcPOFVO KHEM NOTICE .IS HEREBY GIVEN that the City; Council of the City of Newport Beach will hold - a'public hearing on a proposed urgency ordi- nance extending a mor- atorium on the estab. lishment and operation of new residential uses that are transitory in nature such' as parolee - probationer homes;.safa houses' unlicensed lesi- dential care facilities and residential care fa- cilities, general, as well as the issuance of new short -term lodging per- mits in all residential . zoning districts- for .a period' of ,up to tell. moMAs (10) and fifteen (15) days. The proposed ordi- nance is not subject to .the California 'Environ- mental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or m my —.w o „. 15060(c)(3) (the activ- ity is not a project a$ defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Ti. tie 14, Chapter 3, be- cause it' has no potential for resulting in physical change to the..environ- ment, directly or indl- rectly; and it prevents changes in the emhon- ment pending the com- pletion of the contem- plated municipal code review. NOTICE IS HEREBY FURTHER GIVEN that said public'heariog will be held on Wednesday, May 80 2007, at the hour of 6-06 o.m. in the Newport Beach, Center- me, at which ttme.and place any and all per- sons interested may ap- pear and be 'heard thereon. If you challenge this .ordinance In court, you may be limited to raising only those' issues yoy or someone' else raised at the public hearing or in , written correspondence deliv ered to the City, at, or prior to, the public hear- ing. For information call. City of Newport Beach ( Published Newport I Beach /Costa Mesa Daily Pilot May 19, 20075a73y