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Home My WebLink About20 - Group Residential UsesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 20 January 8, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, Assistant City Manager 949 -644 -3002 or dkiff @city.newport- beach.ca.us James L. Markman and Roxanne Diaz, Special Counsel Richards, Watson, and Gershon ( "RWG ") 714 - 990 -0901 or jmarkman@rwalaw.com and rdiaz0orwalaw.com SUBJECT: Ordinance 2008—_: An Ordinance Amending the Newport Beach Municipal Code Relating to Group Residential Uses and Repealing the Temporary Moratorium on the Establishment and Operation of New Residential Uses that are Transitory In Nature ISSUE: Should the City change current codes relating to Group Residential Uses taking into consideration the federal fair housing laws? RECOMMENDED ACTIONS: 1. Conduct public hearing. 2. Introduce Ordinance No. 2008 - relating to Group Residential Uses and relating to the repeal of the Temporary Moratorium on New Residential Uses that are Transitory in Nature and pass to second Reading on Tuesday, January 22, 2008. BACKGROUND: Some of Newport Beach's "villages," including West Newport and the central Balboa Peninsula have significantly higher numbers of group residential uses than other parts of the city, and than other parts of the state. As the amount of group residential facilities (residential treatment facilities, "sober living" homes, boarding houses, and care facilities) has grown, residents and Council members have been concerned that too many of these homes in certain areas causes adverse secondary affects, like: • Extensive secondhand smoke; • Higher levels of profanity and lewd speech; • Slower or gridlocked transportation routes, if such routes are blocked by transit vans; • More frequent deliveries (laundry, food, medicine, office goods) than is typical for a residential area; • Noise and traffic associated with more frequent trash collection; • Lack of frequent trash collection, in some instances, leading to vermin and odors; First Reading — Group Residential Use Ordinance January 8, 2008 Page 2 • Persons unwillingly removed from the facilities left "on the streets' with few resources to return home, leading to scavenging or petty theft; • Excessive debris, including cigarette butts, on sidewalks, in gutters, on streets; and/or • Illegal smoking in public places where smoking is banned, including Oceanfront Walk and beaches. Other residents worry that a block or community that has a certain number of group residential uses both: • Changes the residential character of the neighborhood; and • May not be beneficial to persons in recovery as they attempt to re- integrate their new sober lifestyle into typical society and essentially "institutionalize" their recovery efforts as well as the neighborhood. I — ABOUT NEWPORT BEACH AND TREATMENT FACILITIES The City has told the State of California via the California Department of Alcohol and Drug Programs ( "ADP ") . that the City believes that Newport Beach has a disproportionately high number of licensed and unlicensed residential group uses serving the disabled. Specifically, the City of Newport Beach: • Has 26 ADP - licensed residential alcohol and drug treatment and recovery facilities. Those facilities provide a total of 213 licensed residential beds, and are licensed for a total occupancy of 238 individuals (this number includes staff and residents). Three (3) of the licensed facilities do not house residents — they are treatment locations only. • Has at least 55 unlicensed facilities, most with 6 or fewer residents, and most operated by one of two large local operators (these are Sober Living by the Sea and Morningside Recovery). City staff is still verifying the existence of possible additional unlicensed facilities and the ultimate verified number could be higher. The estimated number of unlicensed beds is 373. • Combining the known number of licensed beds with an estimate of unlicensed beds, Newport Beach has about 615 total recovery beds within our city limits (now including 65 beds at six homes in West Santa Ana Heights — this area was annexed into Newport Beach effective January 1, 2008). • Has 2.63 ADP - 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 ADP - licensed residential beds in the County. 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. We do not know how many unlicensed facilities each community has, because this is not a number reportable to any agency. In summary, the city is likely to have the highest amount of residential recovery facilities in Orange County and possibly the state. First Reading — Group Residential Use Ordinance January 8, 2008 Page 3 II — RECENT (UPDATED) HISTORY That noted, in recent years residents and Council members have asked that the City change the way it regulates group residential uses. The following steps, among others, have been taken towards that goal: • In January 2007, the City Council formed the CounciVCitizens Committee on Intense Residential Occupancies (IROC) which met three times. • In March 2007, the City convened a Residential Recovery Facilities Conference in Newport Beach to assist our city and other municipalities to better understand State and Federal law relating to Group Residential Uses. More than 300 persons from over 90 cities attended. • The City tested in Sacramento before the State Senate's Health Committee in support of SB 1000 (Harman, 2007) to allow localities to better regulate group residential uses. SB 1000 also would have defined "integral facilities" within State law. SB 1000 failed passage. • On April 24, 2007, the City Council adopted Ordinance No. 2007 -8 which, among other things, imposed a Temporary Moratorium on the establishment and operation of new group residential uses in Newport Beach. • On May 30th, 2007, the City Council adopted Ordinance No. 2007 -10 which extended much of the Temporary Moratorium through October 30, 2007. • After adoption of Ordinance No. 2007 -8 but prior to the adoption of Ordinance No. 2007 -10, City staff distributed a questionnaire asking about impacts caused by group residential uses. . The questionnaire went to three areas of the city. • In August and September 2007, the Newport Beach Planning Commission held two public hearings on proposed a new ordinance that would regulate Group Residential Uses. The Planning Commission forwarded its recommendation on the draft ordinances to the City Council at the Commission's September 20, 2007 meeting. • In late September 2007, the City Council hired special counsel Richards Watson Gershon to review the Planning Commission's work, review previous counsel's work, to extend the moratorium, and to refine the ordinance approved by the Planning Commission for presentation to the City Council. • On October 17, 2007, City Council extended the Temporary Moratorium for twelve months. • In November 2007, the City filed lawsuits against two operators (Morningside Recovery and Pacific Shores Recovery) to stop alleged violations of the Moratorium. • In December 2007, the City successfully prosecuted its citation of a property owner during an Administrative Hearing. The property owner of 911 East Balboa claimed that she was operating a sober living facility, while the City asserted that she was illegally operating a boarding house in a residential zone. • On December 11 and December 18 2007, the City Council held public meetings to discuss the proposed new Group Residential Use ordinance which is the subject of this staff report. First Reading — Group Residential Use Ordinance January 8, 2008 Page 4 Interested readers can review other historical information, recent City actions, the Planning Commission's approved ordinance, the resolutions adopting and extending the moratorium, and related staff reports on the City's website (www. city. newport- beach.ca.us) under Group Residential Uses. III — BRIEF INFORMATION ABOUT CONCEPTS AND TERMS It is important to understand the following concepts underlying this staff report and within the attached ordinance: • A "Licensed 6 and Under" is a group residential use housing six or fewer persons needing treatment and that offers one or more of five different types of rehab treatment at the house. It is against the law to offer any of the five types of treatment at an unlicensed facility. ADP is the state agency that licenses rehab facilities offering treatment. There are five (5) types of treatment that, if offered on -site, require a license according to ADP: • Detoxification • Group Counseling • One -on -One Counseling • Development of a Treatment Plan • Educational Sessions To prevent discrimination against persons in recovery and to allow residential recovery statewide, California State law (California Health and Safety Code §11834.23) deems that a city must treat a "Licensed 6 and Under" — standing alone and not networked with other facilities —just as the City treats any single family use. Newport Beach has approximately 18 "Licensed 6 and Under" facilities, with 108 recovery beds. Only one of the 18 appears to be a stand -alone facility. An "Unlicensed 6 and Under" is a home where 6 or fewer persons in the house reside and agree to stay sober during their residency. These homes are also called "sober living homes." The residents are often (but not necessarily) involved in a treatment program. Treatment is provided outside of the home they live in. None of the five types of ADP treatment can be provided on -site. Residents also might attend Alcoholics Anonymous ( "AA ") meetings, and these can be on -site. ADP does not consider AA meetings "treatment," because they typically do not involve a licensed counselor.. Unlicensed facilities are not regulated by the state and it is legal under State law to operate an unlicensed facility, provided that treatment is not provided on -site. • "Large Group Residential Uses" — with seven or more residents — can either be sober houses or treatment facilities (the latter being licensed, the former not). State and federal law allows cities to subject these larger uses to use conditions and permits. A city must also provide a resident the opportunity to request a "reasonable accommodation" (see below) from local regulations on a case by case basis. Combining the number of Unlicensed 6 and Unders with larger unlicensed facilities, Newport Beach has at least 55 of these facilities. Newport Beach has five large licensed facilities, all on the Balboa Peninsula. First Reading — Group Residential Use Ordinance January 8, 2008 Page 5 °Integral facilities" and "Integral uses." In some cases, and in many cases in Newport Beach, facility operators network — or link — two or more facilities operationally. They may house clients in one house, and treat them in another or at a commercial location. They may transport clients in a single network of vans or shuttles. Staff may go from one house to another, offering counseling or other treatment services. Clients from various houses may all attend a single large meeting together. The City believes that this type of networking makes "6 and Unders" a different (and larger) type of use than a stand -alone use. Yet often times the State licenses a handful of integrated facilities as distinctly separate 6 and Unders. The proposed City ordinance contains a definition for "integral facility" and "integral use" so that the City can determine if such facilities should be regulated as one or more larger facilities. Of the 81 known facilities in Newport Beach, only about eight (8) do not appear to operate integrally with other facilities. "Reasonable Accommodation" is a term from federal statutes and case law that requires cities to provide disabled persons with a process to attain special exceptions from local zoning or regulations in order to provide such persons with an equal opportunity to housing. For example, a disabled person denied a housing type of his or her choosing may request that the City allow them to reside in a speck location — in effect overriding the local regulation that may be applicable to the use. The proposed ordinance contains a chapter dedicated to the Reasonable Accommodation process (Chapter 20.98). "Use Permit" or "UP." A Use Permit (often used interchangeably with the term "Conditional Use Permit') is a discretionary permit that permits a certain use — like the operation of a group home, the operation of a school or the operation of a restaurant — if certain findings can be made. Such uses are typically subject to certain conditions described within a written document or permit that are often referred to as "conditions of approval." A local government can revoke the permit, after providing notice and a hearing, if the permit holder does not comply with the permit conditions. Restaurants, many commercial operations, and many more uses require a use permit in Newport Beach. Single- family residences do not require use permits; however various uses in residential districts require a use permit such as park and recreation facilities, public safety facilities, religious assembly uses, public and private schools and accessory structures and uses. "FEP" or "Federal Exception Permit." In 2004, the City adopted a regulatory scheme within the Newport Beach Municipal Code (NBMC or Code) for group residential facilities treating seven or more disabled persons that the City refers to as the "FEP" process. The FEP was intended to provide a public hearing process similar to the Use Permit process but incorporating the Reasonable Accommodation process. Therefore, an issued FEP would contain a finding or findings that a specific use was an exception to some local laws (like Use Permits) under the Federal Fair Housing Amendments Act of 1988 (and other laws). No FEP was ever issued by the City, nor did anyone apply for one. City staff believes that some facilities subject to the FEP told the City that they would operate as a "6 and Under," but facility managers submitted a higher resident plan to State ADP. Because the State does not check with localities to verify compliance with local zoning, ADP issued some licenses for facilities that did not have FEPs. • Nonconforming Structures and Uses. Cities change zoning regulations over time. For example, in the 1930s in Newport Beach, some properties did not have setbacks — meaning a home could be built all the way to the property line, with no side yard or back yard. When First Reading -- Group Residential Use Ordinance January 8, 2008 Page 6 the City established setbacks, those properties that didn't conform to the new setback standards were deemed to be legally built, but non - conforming to the new Code. They were "grandfathered" in many cases. The term "legal, non - conforming" is a common one. But for readers' information, the term "illegal, non - conforming" is redundant and not commonly used. If a property has construction (or a use) that was illegal at the time the use started or the time the building was constructed, it's just illegal. • "Nonstandard Subdivision Map." At its September 20, 2007 meeting, the Newport Beach Planning Commission approved a map called the Nonstandard Subdivision Map (see Attachment B). The Map (now called an Area) overlaid several neighborhoods in Newport Beach – including West Newport, the Balboa Peninsula, Balboa Island, Lido Isle, Newport Shores, and Corona del Mar – and declared that the small lot sizes, small setbacks, limited parking, narrow streets, and other characteristics of these areas made these neighborhoods "non- standard" and unlike a typical residential lot in Newport Beach. IV — ABOUT THE PROPOSED ORDINANCE This staff report does not attempt to discuss past history except if the history is helpful to the context of the proposed ordinance. Nor does it attempt to provide a legal analysis or legal justification of the approach. Instead, it attempts to explain — in a broad summary and general form — the key aspects of the.proposed ordinance (provided as Attachment A) that are different from the City's current Code relating to Group Residential Uses. KEY ASPECTS OF PROPOSED ORDINANCE A. FEP and Reasonable Accommodation. All references to FEPs in the current Code are removed. As noted above, the concept of reasonable accommodation is a process by which a disabled person or a facility operator can request a reasonable accommodation – this is included as a new Chapter 20.98. The applicant fills out an application per NBMC §20.98.020. At a Public Hearing (where neighbors are notified as to the Hearing), the Hearing Officer hears the request ( §20.98.025) and considers the request based on the evidence presented. He or she makes findings to approve, conditionally approve or deny the request. The Hearing Officer's decision can be appealed to the City Council. B. Integral Facilities & Integral Uses. This ordinance defines "Integral Facilities" and "Integral Uses" (see §20.03.030). In addition to defining the terms, the proposed ordinance states that the City will consider facilities that operate integrally to be uses subject to a Use Permit and therefore regulated similarly to small unlicensed facilities or general (7 and over") facilities (see several sections, primarily the "UP -OFC" requirement within the charts in §20.10.020 and subsequent Specific Plan District areas). C. Siting of New Facilities. The proposed ordinances change current Code, which today allows various group residential uses in any zone in the City (some requiring an FEP), to the following zones as shown in Table 1 (see several sections, primarily the "— " and the "UP -OFC" notations within the charts in §20.10.020 and subsequent Specific Plan District areas): First Reading — Group Residential Use Ordinance January 8, 2008 Page 7 Table 1 Importantly, note that the prohibitions of certain group residential uses in the R -1, R -1.5, and R- 2 zones apply to new facilities. Many existing group residential facilities — indeed most if not all of the unlicensed facilities — would become "legal non-conforming" upon adoption of this ordinance. All legal, non - conforming group residential uses would immediately be subject to the Use Permit process described below, and would have to apply for a Use Permit within 90 days of the effective date of the proposed ordinance (estimated to be May 20, 2008) to continue their use. The process is described in more detail below and in the flow charts at Attachment C. D. Abatement of Existing Legal Non - Conforming Uses. The proposed ordinance (see Chapter 20.62 and specifically §20.62.090 — Abatement) directs that any operator within one of the zones shown in Table 1 where their operation is either prohibited or allowed with a Use Permit but who fails to obtain a Use Permit or to secure Reasonable Accommodation in a timely manner must cease this use as follows: Abatement. If an applicant does not apply for a Use Permit or reasonable accommodation by May 20, 2008 (assuming the ordinance becomes effective on February 20, 2008), or otherwise fails to timely obtain the Use Permit or the Reasonable Accommodation, the City will abate the use within: One (1) year from the date this ordinance becomes effective (assumed to be February 20, 2008); or The date an operator's lease expires to use the property. This is only applicable if the lease was entered into prior to December 7, 2007 ( §20.62.090.A.2.a.ii); or The date that an operator's State license expires (ADP licenses are good for up to 24 months if not revoked or if uses are unchanged). ... whichever of the above three criteria is sooner ( §20.62.090.A.2). An operator can apply to the Planning Commission for an extension of the abatement period, subject to certain findings ( §20.62.090.C.4.a -0. If seeking an extension, the applicant must apply for the extension not less than 90 days prior to the end of the abatement period ( §20.62.090.6.2). The Planning Commission's extension decision can be appealed to the City Council ( §20.62.100). Proposed Zoning for New Facility Type R -1 Group Residential R -1.5 R -2 Uses MFR Licensed 6 and Under Licensed and Under ® . ®® . . (operating integrally) g Unlicensed and Under ® . ®® . . (integral or not) 7 and Over ® . Unlicensed) . ®® . (Licensed or All Other ® . . . . . . ® . . . ®® . . . Group Residential Uses Importantly, note that the prohibitions of certain group residential uses in the R -1, R -1.5, and R- 2 zones apply to new facilities. Many existing group residential facilities — indeed most if not all of the unlicensed facilities — would become "legal non-conforming" upon adoption of this ordinance. All legal, non - conforming group residential uses would immediately be subject to the Use Permit process described below, and would have to apply for a Use Permit within 90 days of the effective date of the proposed ordinance (estimated to be May 20, 2008) to continue their use. The process is described in more detail below and in the flow charts at Attachment C. D. Abatement of Existing Legal Non - Conforming Uses. The proposed ordinance (see Chapter 20.62 and specifically §20.62.090 — Abatement) directs that any operator within one of the zones shown in Table 1 where their operation is either prohibited or allowed with a Use Permit but who fails to obtain a Use Permit or to secure Reasonable Accommodation in a timely manner must cease this use as follows: Abatement. If an applicant does not apply for a Use Permit or reasonable accommodation by May 20, 2008 (assuming the ordinance becomes effective on February 20, 2008), or otherwise fails to timely obtain the Use Permit or the Reasonable Accommodation, the City will abate the use within: One (1) year from the date this ordinance becomes effective (assumed to be February 20, 2008); or The date an operator's lease expires to use the property. This is only applicable if the lease was entered into prior to December 7, 2007 ( §20.62.090.A.2.a.ii); or The date that an operator's State license expires (ADP licenses are good for up to 24 months if not revoked or if uses are unchanged). ... whichever of the above three criteria is sooner ( §20.62.090.A.2). An operator can apply to the Planning Commission for an extension of the abatement period, subject to certain findings ( §20.62.090.C.4.a -0. If seeking an extension, the applicant must apply for the extension not less than 90 days prior to the end of the abatement period ( §20.62.090.6.2). The Planning Commission's extension decision can be appealed to the City Council ( §20.62.100). First Reading — Group Residential Use Ordinance January 8, 2008 Page 8 E. The Use Permit Process. As noted, existing non - conforming uses and new uses in the Multi - Family Residential ( "MFR') Zone must apply for a Use Permit to remain in operation or to start operation. The Use Permit process exists today in the Code as Chapter 20.91. The proposed ordinance amends Chapter 20.91 (mostly to clean -up and remove references to the FEP) and adds a new Chapter 20.91A to address existing legal non - conforming group residential uses in residential districts. Chapter 20.91A will also cause some other legal non- conforming uses in Newport Beach's residential districts to seek a Use Permit from a Hearing Officer or be abated. he key provisions are as follows: 1 — Timing. As noted, applicants in non - conforming status have 90 days to apply for a Use Permit once these ordinances are adopted by the Council ( §20.91A.020) — this date is estimated to be May 20, 2008. 2 — Application. The ordinance requires an applicant to provide information described below. Attaining this information should ensure that any use is operated in compliance with applicable laws, that the operator has a history of operating facilities consistent with any applicable laws, and that the applicant operating under a Use Permit will operate in a manner that minimizes adverse impact on facility residents, neighbors, the community, or the character of the neighborhood and that the use conforms with established industry standards for the well -being of the facility residents (see application requirements in §20.91A.030.A, §20.91A.050 and §20.91A.060.1). Each applicant must describe: • Facility users (staff, clients, visitors, more). • Characteristics of the use (hours of operation and more). • Transportation and parking, including routes used to transport clients. • Similar uses nearby. • Proposed operations and a management plan, including data about the applicant, co- owners, partnership information, a medical waste disposal plan, and more. • Occupancy levels. • The applicant's license and permit history — including revocations or suspensions. • Similar operations owned or operated by the applicant in California within the past five years, as well as any violations of state or local law, revocations and suspensions of licenses or permits associated with any of those locations, and • A declaration that the applicant/operator has not violated any laws, regulations, or ordinances at any of its locations, or if so, to specify such violations. 3 — Notice and Hearing. A qualified Hearing Officer would be designated to approve, conditionally approve, or disapprove Use Permits at a noticed public hearing, with appeal rights to the City Council ( §20.91A.040). The City must mail or deliver notice of a proposal to issue a Use Permit to a group residential use in a residential district to owners and occupants of property within 300' of the proposed use ten (10) business days prior to a public hearing on the use ( §20.91.030.C.1.a). 4 — Standards. Any Use Permit issued must adhere to these specific standards if applicable to the use ( §20.91A.050.A -F): • No secondhand smoke can be detectable outside of the property. • Operations must comply with state law, local law, the submitted management plan, including any modifications to the plan required in the Use Permit. First Reading — Group Residential Use Ordinance January 8, 2008 Page 9 • A contact name and number must be provided. • No one can provide services that require a license if they don't have a license for those services. • There shall not be more than two persons per bedroom plus one additional resident. If an applicant wants to put more than 2 persons in one or more bedrooms, the applicant must request greater occupancy. The Hearing Officer may set different occupancy limits based on structure characteristics, traffic and parking impacts, and the health, safety, and welfare of the persons residing in the facility and neighborhood. • Where certification from a responsible entity other than ADP's licensing program is available to an operator (like the County Sheriffs sober living facilities certification program), applicants must get that certification. • Every individual or entity involved in the facility's operation or ownership shall be disclosed to the City. • No owner or manager shall have any demonstrated pattern or practice of operating similar facilities in violation of law whether in or outside of Newport Beach. 5 — Applicant Signature and Accuracy of Application. The "owner of record" of the property or an authorized agent must sign the application form and must state, under penalty of perjury, that the information provided is true and correct. False statements are grounds for denial or revocation ( §20.90.030.C). 6 — Findings. In addition to the findings set forth in the provisions governing Use Permits generally, the proposed ordinance ( §20.91A.060.A -F) provides that the Hearing Officer can approve a Use Permit only if certain findings can be made: • The project has adequate parking on -site. • Traffic and transportation impacts have been mitigated to a level of insignificance. • Structures are suitable for the use. • The use will be compatible with the character of the neighborhood and will not create an over - concentration of residential care uses nearby. To make or sustain these findings, the Hearing Officer shall consider as appropriate the following factors: • How close the proposed use is to schools, parks, other group homes, and alcoholic beverage outlets (and more); and • Whether the existence of non - standard lots and other property characteristics (linking back to the Nonstandard Subdivision Area at Attachment B) made such a use inappropriate; and • Whether the Hearing Officer should deem that the American Planning Association's (APA's) standard of permitting one or two group uses per block would be appropriate in this case OR whether a greater degree of separation is appropriate ( §20.91A.060.D.1 -3). The Ordinance describes facts in Newport Beach relating to blocks, which include: • Blocks in the Nonstandard Subdivision Area can be as short as 300'. • Blocks in Newport Beach outside of the Area can be as long as 1,422'. If the Hearing Officer applies the APA standard, he or she is directed to do so in a manner that eliminates the differences in block lengths and guided by the First Reading — Group Residential Use Ordinance January 8, 2008 Page 10 median block lengths in standard subdivision areas of the city, even if the proposed facility is within the Nonstandard Subdivision Area. The Hearing Officer retains the discretion to apply ANY degree of separation of uses which he or she deems appropriate. • That vans, shuttles, or buses for transportation of clients will not generate more traffic than normally generated by residential activities nearby. • That the operations do not have goods delivery, service deliveries or commercial trash collection during hours that would cause an adverse affect to the peace and quiet of neighboring properties. NOTE: As of the release of this Staff Report, there remains discussion between City staff and Special Counsel about determining the median block length in Newport Beach to be referenced in the ordinance. If City staff has this information by Tuesday night's hearing, we will share it with the Council and with the public. At that time, the Council may want to include that median block length in the ordinance to provide that guidance to the Nearing Officer. 7 - Revocation of the Use Permit. The proposed ordinances (Section 18 of the ordinance - an amendment to §20.96.040.E) provide that that the Hearing Officer can revoke a UP (similarly to other uses subject to a UP) if these findings are made: • The permit was issued under erroneous information or misrepresentation; or • The applicant made a false or misleading statement of material fact, or omitted a material fact; or • The conditions of use or other regulations or laws have been violated; or • There has been a discontinuance of use for 180 days or more. F. Defining and Depicting a Block. The proposed ordinance ( §20.03.030) defines a block (this is relevant because of the APA reference above) as an area of land that is bounded on all sides by alleys or streets, or by streets and a shoreline, or by a cul -de -sac or similar end to a street. Table 2 shall become part of the definition, with the area in gray depicting a typical block bounded by streets and alleys: Table 2 - Depiction of a Block S t r e A" a Y Street A a Y s t r e e House House S. t r a - - !Ho"A' House House House Houtvq! House House House i:House, '.- House House ..House House::' House House -House House';;: House House House House!. House House "'.House HouSe:rj: House House ,`House House`; House House House .: HoUSery° House House House ' House 4. House House .House `House = House House ..:House 'House,af House Street First Reading -- Group Residential Use Ordinance January 8, 2008 Page 11 G. Repeal of the Temporary Moratorium. The proposed ordinance repeals Newport Beach Ordinance #2007 -16 (Temporary Moratorium on the Establishment and Operation of New Residential Uses that are Transitory in Nature). See previous staff reports and the Council's action of October 17, 2007 for information about the Moratorium and Ordinance #2007 -16. H. Severability Clause. Section 21 of the ordinance allows provisions of the ordinance to remain in effect if portions are held unconstitutional or otherwise invalid by a court of competent jurisdiction. V — OTHER ISSUES WORTHY OF NOTE Over the course of 2007 and early 2008, these issues have come up in regards to group residential uses. The issues include recommendations by RWG to address them, often in a manner separate from the proposed ordinance: A. Registration. RWG has advised that requesting a group residential use to "register" would violate federal fair housing laws. All group residential uses, regardless, are required to obtain a business tax certificate even though by State law, the ADP - Licensed 6 and Unders do not have to pay the tax. The City already has access to information about ADP - Licensed 6 and Unders via the State database on licensed facilities. B. ADA. Some residents asked whether all group residential facilities must be compliant for wheelchair access under the Americans with Disabilities Act (ADA). RWG advises that case law says that ADA does not require a residential facility to accommodate persons in wheelchairs unless the persons residing there require wheelchair access. In other words, if a person's disability allows them to be fully ambulatory, the house in which they reside does not have to be compliant for non - ambulatory persons. C. Short-Term Lodging Permits. Short-term lodging permits, addressed in the April 2007 version of the Moratorium, are not included in or addressed by this ordinance. D. The Planning Commission's Actions. Generally, RWG took what the Planning Commission (PC) passed on September 20, 2007, and reviewed it anew. Some concepts of the Planning Commission's recommendations remain; others were changed in accordance with RWG's legal recommendations. These changes include: Disbursing Locations by 1,000'. The Commission recommended a standard that said that all uses except stand -alone Licensed 6 and Unders would be distanced at least 1,000' from each other within a certain zone. The 1,000' disbursement standard has been requested repeatedly by some residents. These same residents have provided input during the public review of this ordinance. Nevertheless, the disbursement standard has been deleted due to: (a) The lack of any presented logical basis for choosing the 1,000' dispersion as a standard; (b) The existence of legal precedents which have invalidated legislation containing such a standard as constituting facial discrimination; and (c) The lack of a suggested method for applying the standard to existing uses in an equitable manner. First Reading — Group Residential Use Ordinance January 8, 2008 Page 12 The proposed ordinance provides that certain new uses (any facility operating integrally, any large Licensed facility [7 or more residents] and all unlicensed facilities) may be established in the MFR zone with a Use Permit. For existing uses, the ordinance allows the Hearing Officer to consider whether it would be appropriate to apply APA's distancing guidelines or other degree of separation when considering Use Permits for existing facilities. It does not limit his or her discretion to consider greater distances to a specific amount of feet (except for stand -alone Licensed 6 and Unders) ( §20.91A.060.D.1 -3). Unlicensed 6 and Unders in R -1.5 and R -2. The Planning Commission's recommended ordinance allowed Unlicensed 6 and Unders to be in these two zones with a use permit. This proposed ordinance excludes all new unlicensed facilities of any size from R -1.5 and R -2 (both documents exclude these uses from R -1). To cross reference the ordinance on this, see several sections, primarily the " - - "and the "UP" notations within the charts in §20.10.020 and Specific Plan District areas. An Overlay Zone. The PC recommended an "Overlay Zone" — also referred to as the Nonstandard Subdivision Map — that would have special requirements (including the distancing referred to above) for any facility operating within the Zone. This ordinance takes a slightly different approach. It maintains the Map, but changes its name to an Area. It allows the Hearing Officer to consider whether it would be Appropriate to apply APA's distancing guidelines or other degree of separation when considering Use Permits for existing facilities within the Area (except for Licensed 6 and Unders standing alone) ( §20.91A.060.D.1 -3). It also provides a guideline that directs the Hearing Officer to consider proposed uses in the Area in the context of a standard subdivision block length outside of the Nonstandard Subdivision Area. • Abatement Period. The PC recommended a 2 -year abatement period following an inventory period. This ordinance proposes a 1 -year abatement period with no inventory described in the ordinance, but with extension provisions. The PC would consider any extensions subject to specific findings ( §20.62.090.C.4.a -f). Smoking. There was a slight modification here. The PC recommended a version that said that no staff, clients, guests, or any other users of the site may smoke in an outdoor area within 15 feet of the property lines of the site. This version says that no secondhand smoke can be detectable outside of the facility's property ( §20.91A.050.A). E. Public Comment through early January, 2008. The chart shown as Attachment D describes (briefly) various public comments offered either in writing or in person and how these comments were addressed in the draft ordinance. This chart may not be a complete compendium of public comments, but it attempts to be representative of the comments received. VI — WHAT'S NEXT The Public Hearing set for January 8, 2008 is the City Council's formal introduction of the ordinance (Tt Reading "). At this meeting,.the City Council may amend the ordinance and pass it, reject it, or may pass it "as is" to 2nd Reading, set for Tuesday, January 22, 2008. First Reading -- Group Residential Use Ordinance January 8, 2008 Page 13 At 1E1 Reading, the public can offer comments. During 2nd Reading, the Council may again amend and re- introduce the ordinance OR may adopt it (again following an opportunity for public comment) in final form. If it is adopted on that date, the ordinance's provisions would take effect 30 days after adoption (February 20th, 2008). VII — ENVIRONMENTAL REVIEW These ordinance changes are exempt from the California Environmental Quality Act (CEQA) pursuant to §15305 (Categorical Exemption Class 5 — Minor Alterations in Land Use Limitations) of the CEQA guidelines. VIII — PUBLIC NOTICE Notice of the Public Hearing associated with the Council's consideration of the proposed ordinance was printed in the Daily Pilot during the weekend of December 29 -30, 2007. Prepared by: Submitted by: Dave Kiff, Assistant C y Manager James L. Markm n, Special Couns6f" . Attachments: A — Proposed Ordinance #2008 -_ B — Nonstandard Subdivision Area C — 2 -Page Flow Chart (Parts 1 and 2) — How the Process Would Work D — Summary of Responses to Recent Comments Attachment A Proposed Ordinance #2008 -_ ORDINANCE NO. 2008- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING VARIOUS PROVISIONS OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ALL CATEGORIES OF GROUP USES, REASONABLE ACCOMMODATION PROVISIONS FOR THE DISABLED AND NONCONFORMING STRUCTURES AND USES WHEREAS, 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 group occupancies; WHEREAS, on April 24, 2007, the City Council adopted Resolution No. 2007 -8, which, among other things, imposed a moratorium on the establishment of new group residential uses and directed the Planning Department, in cooperation with the City Attorney, to analyze the extent of regulatory controls affecting group residential uses and required in residential districts; WHEREAS, on May 30, 2007, the City Council adopted Ordinance No. 2007 -10, extending the moratorium for a period of five months through October 30, 2007; WHEREAS, on October 17, 2007, the City Council adopted Ordinance No. 2007 -16, extending the moratorium for an additional twelve months; WHEREAS, the Planning Commission held a public hearing on June 21, 2007, August 23, 2007 and September 20, 2007, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, on the proposed amendments. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code; WHEREAS, the Planning Commission Resolution No. 1731 recommended that the City Council adopt amendments to Title 20 of the Newport Beach Municipal Code as provided for in Exhibits A, B, C, D, and E to that Resolution; WHEREAS, the City Council has considered Resolution No. 1731 and the amendments therein; WHEREAS, this code amendment is not subject to the California Environmental Quality Act (CEQA) because the proposed code amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines) and this code amendment is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines); WHEREAS, the City Council held a public hearing on January 8, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, on this proposed ordinance. Notice of the time, place and purpose of the meeting was given in accordance with the Municipal Code; and 11287.0005/1023046.1 1 is WHEREAS, the City Council makes the following findings in conjunction with this Ordinance: The recitals set forth above are true and correct and hereby incorporated by reference. 2. The City recognizes and agrees that the federal Fair Housing Act and the Fair Housing Act Amendments (42 U.S.C. § 3601), provides protections for persons with disabilities. The Fair Housing Act, however, does not preempt local zoning laws. The City may adopt, pursuant to its police power, zoning ordinances to protect the public health, welfare and safety that are consistent with state and federal law, including the Fair Housing Act and the Fair Housing Act Amendments. The adoption of zoning ordinances and land use planning is a fundamental function of local government. 3. The City recognizes and agrees that the Fair Housing Act and other state and federal laws (i.e. Americans with Disabilities Act), provide that individuals recovering from drug and alcohol addiction are deemed disabled; 4. The State of California via the California Department of Alcohol and Drug Programs ( "ADP ") licenses residential facilities that provide nonmedical recovery, treatment and detoxification services for users of alcohol and other drugs. Such a treatment facility is defined as "any premises, place or building that provides 24 -hour residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recover treatment or detoxification services." (Health and Safety Code Section 11834.02). Residential treatment facilities serving six or fewer persons are considered a residential use of property and must be treated similarly as single - family residences in the zone they are located. These are defined in the ordinance as residential care facilities, small licensed. The City does currently treat, and proposes to continue to treat, residential care facilities, small licensed, in accordance with state law. 5. In addition to licensed residential care facilities, there are unlicensed care facilities in where persons in a residence agree to stay "clean and sober" during their residency. Such facilities are commonly known as "sober living" homes and are unlicensed, not regulated by the State of California and its residents are transitory in nature. The exact nature of these facilities, however, is not known. ADP has reported to the State Legislature that it receives on average 125 complaints a year regarding sober living homes, with many complaints indicating that unlicensed facilities are offering addiction treatment services without the required license. State law requires a license for any facility providing a service designed to promote treatment and maintain recovery from alcohol or drug problems and may include any one of the following: detoxification, group sessions, individual sessions, educational sessions, and/or alcoholism or drug abuse recovery or treatment planning (9 CCR Section 10501(5)). Many facilities appear to be advertising such services but do not have a license. 6. Evidence has been presented that there is a high degree of transiency among persons living in group home settings and that transiency (due to the failure of an occupant to comply with rules or the successful completion of a program) is an important element of certain group living arrangement. 11287.0005/1023046.1 2 7. The City has a disproportionately high number of licensed and unlicensed residential group uses serving the disabled recovering from drug or alcohol use. Specifically: (i) the City has 2.63 licensed recovery beds per thousand residents, the highest ratio of any city in Orange County; (ii) the City's contains 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; (iii) the City has at least 26 licensed residential alcohol and drug treatment and recovery facilities that provide a total of 213 licensed residential beds, and are licensed for a total occupancy of 238 individuals. Three of these facilities are treatment locations only; (iv) the City has at least 55 known unlicensed facilities, most with 6 or fewer residents; (v) combining the known number of licensed beds with an estimate of known unlicensed beds, the City has 614 total recovery beds within the city limits. The City is likely to have the highest amount of residential recover facilities in Orange County and possibly the State of California. Analysis by the City demonstrates that based on the 2003- 2004 National Survey on Drug Use and Health, the City has approximately twice the licensed bed days needed on an annual basis. 8. In conformance with privacy rights under the California Constitution, the City's Zoning Code does not limit the number of related or unrelated persons, whether or not disabled, who choose to live together as a single housekeeping unit. Single housekeeping unit is defined in the ordinance. 9. The fundamental precept of the City's Zoning Code provisions relative to residential zones is that individual dwelling units are intended for the occupancy and use of single housekeeping units. Accordingly, the City prohibits group residential uses (as defined in the proposed ordinance) such as boarding or rooming houses, dormitories, fraternities, sororities and single -room occupancy hotels in residential zoning districts in the City because such group residential uses are frequently transient and institutional in nature and differ in character and create impacts on residential neighborhoods from single house keeping units. 10. Convalescent homes, hospitals, and SRO residential hotels are also not compatible with residential areas, and no such facilities are located in residential districts in the City, and the City does not desire to permit such facilities in residential districts. , 11. The California Department of Corrections has reported that approximately 70 percent of persons on parole will be returned to prison each year because they have either been convicted of new crimes or have violated the conditions of their parole. Residences housing two or more parolees may pose a danger to the safety of the community and adjacent residents, and the City does not intend to permit such uses. 12. The City has received evidence of increasing numbers of residential care facilities that do not house permanent residents and operate more like institutional and boarding housing uses than as single housekeeping units. These uses are concentrated in residential zoning districts R 71.5, R -2 and MFR. Uses such as parolee/probationer homes, group residential uses, non - residential uses, and other uses operate as businesses in residentially zoned areas of the City and place incompatible uses in residential neighborhoods, contrary to the policies in the City's Land Use Element. 11287.000511023046.1 3 in 13. Evidence presented to the City reveals that certain areas of the City, including West Newport and the central Balboa Peninsula have significantly higher numbers of group residential uses than other parts of the city, and than other parts of the state. City staff distributed a questionnaire asking about impacts caused by group residential uses and revealed the following concerns and secondary impacts: extensive secondhand smoke; impacts to traffic and parking; conversation of garages to other uses; slower or gridlocked transportation routes, if such routes are blocked by transit vans; more frequent deliveries (laundry, food, medicine, office goods) than is typical for a residential area; noise and traffic associated with more frequent trash collection; lack of frequent trash collection, in some instances, leading to vermin and odors; persons unwillingly removed from the facilities left "on the streets" with few resources to return home, leading to scavenging or petty theft; excessive debris, including cigarette butts, on sidewalks, in gutters, on streets; and/or illegal smoking in public places where smoking is banned, including Oceanfront Walk and beaches; excessive noise, fighting and loud offensive language. Such activity changes the residential character of the neighborhood and is not beneficial to persons in recovery as they attempt to re- integrate their new sober lifestyle into typical society. Such effects essentially "institutionalize" their recovery efforts as well as the neighborhood. 14. In the R -1.5, R -2 and MFR Districts near the beach, where residential care facilities are clustered, most properties are narrow, not more than 30 feet wide, with building set back only three feet from the property line, resulting in neighboring windows less than six feet away from each other. Only one arterial roadway, Balboa Boulevard, exists in the area. Other roads are only 30 feet wide, with alleys as narrow as 10 feet across. Because of these crowded conditions, and to implement the City's Land Use Element and to maintain the character of residential neighborhoods, the City does not permit group residential units, such as boarding houses, dormitories, fraternities, and sororities, to be located in residential zoning districts. As stated above, such group residential uses are frequently transient and institutional in nature and differ in character and create impacts on residential neighborhoods from single housekeeping units. 15. The City has received evidence that, in several instances, two or more licensed or unlicensed residential care programs are administered by the same owner, operator, management company or licensee, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activities commonly administered. In such case, the use shall be subject to the regulations of the ordinance as such use evades the intent of California laws allowing facilities serving six or fewer persons in one dwelling unit to be treated as single family homes. 16. The City is concerned with the impacts of group residential uses and residential care uses on the residential character of the neighborhood and how it impacts the disabled. The loss of residential characteristics of a neighborhood in which residential care facilities serving the disabled cluster has an adverse effect on the welfare of the individuals receiving services from the facility and defeats the purpose of community -based recovery. The American Planning Association's Policy Guide on Community Residences, which supports community residences, states that community residences should be scattered throughout residential districts rather than being concentrated on any single block or in any single neighborhood. If several residential care facilities locate next to one another, or are placed on the same block, the ability of the residential 11287.000511023046.1 4 care facilities to achieve normalization and community integration would be compromised. The existing social structure of a neighborhood can accommodate no more than one or two residential care facilities on a single block. The Departments of Justice and Housing Urban Development have stated that a neighborhood composed largely of residential care facilities could adversely affect individuals with disabilities and would be inconsistent with the objective of integrating persons with disabilities into the community. The California Research Bureau similarly found that facilities should be scattered throughout residential districts, and facilities so densely clustered as to recreate an institutional environment would defeat the purpose of community- based care. 17. The City desires to maintain zoning provisions benefiting disabled persons by allowing disabled persons to live in residential districts in residential care facilities, while forbidding all other group homes in residential districts, but desires to ensure that the uses are consistent with the residential character of neighborhoods as well as not recreating an institutional environment would defeat the purpose of community-based care. The City further desires to ensure that unlicensed residential care facilities purporting to serve the disabled are operating in compliance with City, state, and federal laws and regulations. To achieve these purposes and to provide disabled persons with an equal opportunity to use and enjoy a dwelling in the City's residential zoning districts, and in recognition of the services that may be required by the disabled, the proposed ordinance allows residential care facilities, general and small unlicensed, to be located in the MFR zone with a use permit, while prohibiting all other group residential uses. Residential care facilities, small licensed, continue to be permitted in all residential districts are required by State law. 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. 18. To ensure that the City complies with federal and state law, the proposed ordinance contains standards and procedures for granting a reasonable accommodation to its zoning and land use regulations, policies and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling, where such an accommodation does not cause an undue financial or administrative burden or does not result in a fundamental alteration in the nature of the City's zoning program, as those terms are defined in fair housing laws and interpretive case law. NOW, THEREFORE, the City Council of the City of Newport Beach hereby ordains as follows: Section 1. The following definitions contained in Section 20.03.030 (Definitions) of Chapter 20.03 of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code are hereby amended to read as follows: "Section 20.03.030 Definitions 11287.0005/1023046.1 5 Bedroom: An enclosed space in a structure that is designed such that it could be used for sleeping purposes and meets the room dimension requirements of the most recent edition of the Uniform Building Code, is not accessed directly from the garage, and has one or more windows. Block: An area of land that is bounded on all sides by streets or by streets and a shoreline or by streets and a cul-de -sac or by any other form of termination of the street (i.e. dead -end not a cul- de -sac), which is depicted as follows: S t r e e t Street S t r e e t House A a Y House S' t ' r .'_, e ... ;: e: ,..:... t: House: a Y House House House .: House", House House House'...' House,. House House .House ..House': House House House ..:House ; House House House House— House ::House ::. -.. ::.:, :. House:::' House House , ,.House. ,. ,:. "House: House House Mouse House -: House House House.•. House" House House House House. .° House House House. House'.: House Street Fair Housing Laws: The Federal Fair Housing Act, the Americans with Disabilities Act, and California's Fair Employment and Housing Act, as each Act may be amended from time to time, and each Act's implementing regulations. Family: One or more persons living together as a single housekeeping unit in a dwelling unit. Hearing Officer: A hearing officer shall mean a person designated by the City Council to conduct hearings as set forth in Chapter 20.91A and Chapter 20.98. A hearing officer shall be selected in a manner that avoids the potential for pecuniary interest or other bias. The compensation, if any, of the hearing officer shall be paid by the City and shall not be conditioned on achieving a particular outcome. Individual with a Disability: As more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person 11287.000511023046.1 6 who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. Integral Facilities: Any combination of two or more Residential Care ( Small Licensed, Small Unlicensed, or General) facilities which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as Integral Facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such Integral Facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility. Integral Uses: Any two or more licensed or unlicensed residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such Integral Use shall be considered one use for purposes of applying federal, state and local laws to its operation. Nonconforming Structure: A structure that was lawfully erected, but which does not conform with the property development regulations prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City. A structure shall not be considered to have been "lawfully erected" and is an illegal structure if, at the time of construction or modification, it was constructed or modified without required permits, including but not limited to permits required by any federal, state, or local government agency. Nonconforming Use: A use of a structure or land that was lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City. A nonconforming use includes a use that was lawfully established and maintained but is conditionally permitted in the district and has not obtained a use permit. A use shall not be considered to have been "lawfully established and maintained" if it was established without required permits or licenses or has been operated at any time without required permits or licenses. The required permits and licenses include, .but are not limited to, those required by any federal, state, or local government. Single Housekeeping Unit: The functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire.premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.. 11287.0005/1023048.1 7 Section 2. The definition of "campus" contained in Section 20.03.030 of the Newport Beach Municipal Code is hereby deleted. Section 3. Section 20.05.030 (Residential Use Classifications) of Chapter 20.05 (Use Classifications) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: "Section 20.05.030 Residential Use Classifications A. Boarding or Rooming House. A residence or dwelling unit, or part thereof, wherein a room or rooms are rented under two or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. B. Day Care. Limited. Non - residential, non - medical care and supervision of fourteen or fewer persons on a less than twenty -four hour basis. This classification includes, but is not limited to, nursery schools, preschools, and day care centers for children (large and small family day care homes) and adults. 1. Laz eQ Family Child Care Homes. Day care facilities located in single - family residences where an occupant of the residence provides care and supervision for nine to fourteen . children. Children under the age of 10 years who reside in the home count as children served by the day care facility. 2. Small Family Child Care Homes. Day care facilities located in single - family residences where an occupant of the residence provides care and supervision for eight or fewer children. Children under the age of 10 years who reside in the home count as children served by the day care facility. C. Group Residential. Shared living quarters, occupied by two or more persons not living together as a single housekeeping unit. This classification includes, without limitation, boarding or rooming houses, dormitories, fraternities, sororities, and private residential clubs, but excludes residential care facilities (general, small licensed, and small nonlicensed) and residential hotels (see Single -Room Occupancy (SRO) Residential Hotels, Section 20.05.050(EE)(4)). D. Integral Facilities. Any combination of two or more Residential Care (Small Licensed, Small Unlicensed, or General) facilities which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated 11287.000571023046.1 g components of one operation shall be referred to as Integral Facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such Integral Facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility. E. Integral Uses. Any two or more licensed or unlicensed residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such Integral Use shall be considered one use for purposes of applying federal, state and local laws to its operation. F. Multifamily Residential. Three or more dwelling units on a site. This classification includes mobile home and factory-built housing. G. Parolee- Probationer Home. Any residential structure or unit, whether owned and/or operated by an individual or a for -profit or nonprofit entity, which houses two or more parolees - probationers unrelated by blood, marriage, or legal adoption, 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: (i) 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, (ii) 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; (iii) 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; or (iv) any individual who has been convicted of a felony, sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction of any federal, state, or County parole or probation officer. For the purposes of this paragraph, "felony" means a felony as defined by any California or United States statute. H. Residential Care Facilities, General. Any place, site or building, or groups of places, sites or buildings, licensed or nonlicensed, in which seven or more individuals with a disability reside who are not living together as a single housekeeping unit and in which every person residing in the facility (excluding the licensee, members of the licensee's family, or persons employed as facility staff) is an individual with a disability. I. Residential Care Facilities, Small Licensed. State licensed facilities that provide care, services, or treatment in a community residential setting 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. Small licensed residential care facilities shall be subject to all land use and property development regulations applicable to single housekeeping units. 11287.0005/1023046.1 9 J. Residential Care Facilities, Small Nonlicensed. Any place, site or building, or groups of places, sites or buildings, which is not licensed by the State of California and is not required by law to be licensed by the State, in which six or fewer individuals with a disability reside who are not living together as a single housekeeping unit and in which every person residing in the facility (excluding persons employed as facility staff) is an individual with a disability. K. Single - Family Residential. `Single- Family Residential" means a building or buildings containing one dwelling unit located on a single lot for occupancy by one family. This classification includes mobile homes and factory built housing. L. Two - Family Residential. "Two- Family Residential" means a building or buildings containing two dwelling units located on a single lot, each unit limited to occupancy by a single family. This classification includes mobile homes and factory built housing." Section 4. Paragraph "R" of Section 20.05.040 of the Newport Beach Municipal Code containing the definition of "Residential Care, General" is hereby deleted. The remaining paragraphs in such section shall be relettered accordingly. Section 5. Section 20.10.020 (Residential Districts: Land Use Regulations) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: Section 20.10.020 Residential Districts: Land Use Regulations The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in residential districts, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in residential districts. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91 or 20.91A. The letters "PD/LP' designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91 or 20.91 A. The letters "P/UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. 71287.0005/1023046.7 10 Residential Districts: Land Use Regulations P = Permitted UP = Use permit UP -OFC = Use permit issued by a Hearing Officer PD/U = Use pemrit issued by the Planting Director L = Limited (see Additional Use Regulations) — = Not Permitted RESIDENTGIL DAY CARE, LIMITED -LARGE FAMILY CHILD CARE HOMES -SMALL FAMILY CHILD CARE HOMES GROUP RESIDENTIAL MULTI - FAMILY RESIDENTIAL PAROLEEIPROBATIONER HOME RESIDENTIAL CARE FACILITIES, GENERAL RESIDENTIAL CARE FACILITIES, SMALL LICENSED RESIDENTIAL CARE FACILITIES, SMALL NONLICENSED INTEGRAL FACILITIES/[NTEGRAL USES SINGLE FAMILY RESIDENTIAL TWO - FAMILY RESIDENTIAL PUBLICAND SEMI- PUBLIC CEMETERIES CLUBS AND LODGES 11287.0005/1023048.1 11 R -A R -1 R -1S R -2 MFR Additional Regulations l ^b (C), (P), (N) PD/U PD/ P1NU PD/U P1NU U P P P P P — — P (D) P P P P P P P P — — P P — L-I L -1 L-I — L-2 L-2 L-2 UP- OFC P UP- OFC UP- OFC P (D). (E). (M) P (D) (A), (B). (C). (P). (Q) L-1 L -2 Residential Districts: Land Use Regulations P = Permitted UP = Use permit UP -OFC = Use permit issued by a Hearing Officer PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) -- = Not Permitted R -A R -1 R -1.5 R -2 MFR Additional Regulations DAY CARE, GENERAL — UP UP UP UP (N) GOVERNMENT OFFICES — UP UP UP UP PARK & RECREATION FACILITIES PUBLIC SAFETY FACILITIES RELIGIOUS ASSEMBLY SCHOOLS, PUBLIC AND PRIVATE UTILITIES, MAJOR UTILITIES, MINOR COMMERCIAL USES HORTICULTURE, LIMITED NURSERIES VEHICLE/EQUIPMENT SALES AND SERVICES - COMMERCIAL PARKING FACILITY VISITOR ACCOMMODATIONS -BED & BREAKFAST INNS AGRICULTURAL AND EXTRACTIVE USES ANIMAL HUSBANDRY 11287.0005/1023046.1 12 UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP P P P P P (A), (B), (C), (P), (Q) P PD/U — -- — -- L-3 L -3 L-3 L -3 — — UP UP (F) (A), (B), (C), (Q) PD/U - -- -- (G) Residential Districts: Land Use Regulations P = Permitted UP = Use permit UP -OFC = Use permit issued by a Hearing Officer PD/U = Use pemdt issued by the Planning Director L = Limited (see Additional Use Regulations) = Not Permitted R -A R -1 R -1S R -2 MFR Additional Regulations CROP PRODUCTION P — -- — — MINING AND PROCESSING L-4 L-4 L-4 L-4 L -4 (H) ACCESSORY USES ACCESSORY STRUCTURES AND USES (Al (B), (C), (Q) PRJP P/U PRJP PRJP P/UP (I) P TEMPORARY USES (A), (B), (C), (Q) CIRCUSES AND CARNIVALS P P P P P (K) COMMERCIAL FILMING, LIMITED P P P P P (K) PERSONAL PROPERTY SALES P P P P P (L) HELIPORTS, TEMPORARY L-5 --- -- --- L-5 (1) REAL ESTATE OFFICES, TEMPORARY L-5 L-5 L -5 L-5 L-5 (B) Residential Districts:Additional Land Use Regulations L -1 20 acres minimum. L-2 Limited to yacht clubs, use permit required. L -3 Public or no fee private lots for automobiles may be permitted in any residential district adjacent to any commercial or industrial district subject to the securing of a use permit in each case. L4 See Chapter 20.81: Oil Wells. L -5 Subject to the approval of the Planning Director. 11287.0005/1023046.1 13 (A) See Section 20.60.025: Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. (D) With the exception of uses in the R -1 Zone, any dwelling unit otherwise permitted by this Code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of: A Business License pursuant to Chapter 5.04 of the Municipal Code. 2. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 of the Municipal Code. .A Short Term Lodging Permit pursuant to Chapter 5.95 of the Municipal Code. (E) See Chapter 20.85: Accessory Dwelling Units. (F) See Section 20.60.110: Bed and Breakfast Inns. (G) Keeping of Animals in the R -A District. The following regulations shall apply to the keeping of animals in the R -A District: Large Animals. The keeping of large animals (as defined in Section 20.030.030) shall be subject to the following regulations: a. Horses. One horse may be kept for each 10,000 square feet of lot area, up to a maximum of 3 horses, provided the horse or horses are kept for recreational purposes only. The keeping of 4 or more horses for recreational uses shall require a use permit issued by the Planning Director. The keeping of horses for commercial purposes shall require a use permit issued by the Planning Commission. b. Other Large Animals. Other large animals, including goats, sheep, pigs and cows, may be kept on lots of 15,000 square feet or more and the number shall not exceed 2 adult animals of any one species. C. Total Number Permitted. The total number of large animals shall not exceed 6. Offspring are exempt until such time as they are weaned. Domestic and Exotic Animals. The number of domestic and exotic animals (as defined in Section 20.03.030) shall not exceed 6. Offspring are exempt up to the age of 3 months. The keeping of 4 or more dogs over the age of three 3 months shall require a kennel license pursuant to Section 7.04.090 of the Municipal Code. The keeping of wild animals shall require a permit pursuant to Chapter 7.08 of the Municipal Code. 11287.0005/1023046.1 14 n 3. Small Animals. The number of small animals, other than domestic and exotic animals (as defined in Section 20.03.030), shall not exceed 6. Offspring are exempt up to the age of 3 months. 4. Control. a. Domestic Animals. No such animals, except for cats, shall be permitted to run at large, but shall be confined, at all times within a suitable enclosure or otherwise under the control of the owner of the property. b. Other Animals. No animal, other than domestic animals, shall be permitted to run at large, but shall be confined, at all times within a suitable enclosure. (H) See Chapter 20.81: Oil Wells. (I) See Section 20.60.100: Home Occupations in Residential Districts. (J) See Section 20.60.055: Heliports and Helistops (K) Special event permit required, see Chapter 5.10 of the Municipal Code. (L) See Section 20.60.120: Personal Property Sales in Residential Districts. (No See Section 20.60.125: Design Standards for Mobile Homes on Individual Lots. (N) See Section 20.60.130: Day Care Facilities for Children. (0): No residential use constituting a single housekeeping unit may offer or provide services to persons not residing on the site, unless the City has approved a use permit allowing such use, or in compliance with Section 20.60.100: Home Occupations in Residential Districts. (P): Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (Q): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. Section 6. Section 20.35.030 (PC District: Land Use Regulations) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: 1120.35.030 PC District: Land Use Regulations A. Existing Uses. Land uses existing at the time of establishment of a PC District shall be permitted to continue as a nonconforming use, pursuant to Chapter 20.62: 11287.0005/1023046.1 15 Nonconforming Structures and Uses. Existing land uses shall either be incorporated as part of the development plan or shall terminate in accordance with a specific abatement schedule submitted and approved as part of the development plan. Existing land uses which are prohibited by any provisions of this code shall be terminated prior to final approval of the development plan. B. New Uses. No use, other than a use existing at the time of establishment of a PC District, shall be permitted in a PC District except in accord with a valid PC development plan. Any permitted or conditionally permitted use authorized by this code and consistent with the General Plan land use designation or designations for land within the PC District may be included in an approved PC development plan. Exceptions: 1. The Planning Director may approve temporary uses and structures pursuant to Section 20.60.015: Temporary Structures and Uses. 2. Residential Care Facilities, Small Licensed, shall be permitted if residential uses are otherwise permitted by the PC development plan." Section 7. Section 20.41.050 (Residential Development: Land Use Regulations) of Chapter 20.41 (Specific Plan District #4 Newport Shores) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: "20.41.050 Residential Development: Land Use Regulations The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in the Newport Shores Specific Plan District residential development areas, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in the Newport Shores Specific Plan District residential development areas. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use classifications which are permitted when located on the site.of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. 11287.000511023046.1 16 Residential Development: Land Use Regulations P = Permitted UP — Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) — e Not Permitted Residential Additional Regulations. RESIDENTIAL (A), (B), (C), (H), (I), (n, (K) DAY CARE, LIMITED -LARGE FAMILY CHILD CARE HOMES PD/U -SMALL FAMILY CHILD CARE HOMES P GROUP RESIDENTIAL -- MULTI -FAMILY RESIDENTIAL L -1 (D) PAROLEE/PROBATIONER HOME — RESIDENTIAL CARE FACILITIES, SMALL LICENSED P RESIDENTIAL CARE FACILITIES, GENERAL - -- RESIDENTIAL CARE FACILITIES, SMALL UNLICENSED -- INTEGRAL FACILITIES/INTEGRAL USES — SINGLE FAMILY RESIDENTIAL P (D), (E) TWO - FAMILY RESIDENTIAL P (D) PUBLIC AND SEMI - PUBLIC (A), (B), (C), (J), (K) CLUBS AND LODGES UP UTILITIES, MINOR ACCESSORY USES (A), (B? (C), (K) ACCESSORY STRUCTURES AND USES P/UP (F) 11287.000511023046.1 17 Residential Development: Land Use Regulations P = Permitted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) - -- = Not Permitted Residential Additional Regulations TEMPORARY USES (A), (B), (C), (K) PERSONAL PROPERTY SALES REAL ESTATE OFFICES, TEMPORARY Residential Development: Additional Land Use Regulations L.2 (G) L-1 Use permit required for multi - family residential uses containing three or more dwelling units. The Planning Commission before approving a use permit for any development containing three or more dwelling units shall find: 1. That the development will not be detrimental to or out of character with the surrounding development. 2. That the development does not exceed the density, height, and floor area limits established in this section. That in addition to the basic outdoor living space requirement of ten percent of the buildable area, there will be additional outdoor living space. L -2 Subject to the approval of the Planning Director. (A) See Section 20.60.025: Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. (D) Any dwelling unit otherwise permitted by this Code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of I. A Business License pursuant to Chapter 5.04 of the Municipal Code. 2. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 of the Municipal Code. 11287.0005/1023046.1 18 A Short Tenn Lodging Permit pursuant to Chapter 5.95 of the Municipal Code. (E) See Chapter 20.85: Accessory Dwelling Units. (F) See Section 20.60.100: Home Occupations in Residential Districts. (G) See Section 20.60.120: Personal Property Sales in Residential Districts. (H) See Section 20.60.130: Day Care Facilities for Children. (1) Purposely left blank. (J) No residential use constituting a single housekeeping unit may offer or provide services to persons not residing on the site, unless the City has approved a use permit allowing such use, or in compliance with Section 20.60.100: Home Occupations in Residential Districts. (K) Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (L) All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. Section 8. Section 20.41.070 (Commercial Development: Land Use Regulations) of Chapter 20.41 (Specific Plan District #4 Newport Shores) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: "20.41.070 Commercial Development: Land Use Regulations The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in commercial development areas, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in commercial development areas. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all. use classifications under the heading. 11287.000511023046.1 19 Commercial Development: Land Use Regulations P = Permitted UP = Use Permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) = Not Permitted Commercial PUBLICAND SEMI - PUBLIC (A) CLUBS AND LODGES -- (K) CULTURAL INSTITUTIONS P (K) DAY CARE, GENERAL UP RELIGIOUS ASSEMBLY L -1 UTILITIES, MINOR P COMMERCIAL USES (A), (B), (C) ANIMAL SALES AND SERVICES -ANIMAL BOARDING - -- -ANIMAL GROOMING PD/U -ANIMAL HOSPITALS UP - ANIMAL RETAIL SALES PD/U ARTISTS' STUDIOS P (G) BANKS /SAVINGS AND LOANS P -WITH DRIVE- UP/DRIVE THROUGH SERVICE UP BUILDING MATERIALS AND SERVICES P CATERING SERVICES P COMMERCIAL RECREATION AND ENTERTAINMENT UP (G), (K) 11287.000511023046.1 20 Commercial Development: Land Use Regulations P = Permitted UP = Use Permit R PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations_) = Not Permitted , Commercial Additional EATING AND DRINKING ESTABLISHMENTS UP - ENTERTAINMENT AND EXCURSION SERVICES -FULL SERVICE, HIGH TURNOVER UP (D), (G), (K) -FULL SERVICE, LOW TURNOVER UP (D), (G), (K) -FULL SERVICE, SMALL SCALE PD/U (D), (G), (K) - TAKE -OUT SERVICE UP (D), (G), (K) - TAKE -OUT SERVICE, LIMITED PD/U (D), (G), (K) - ACCESSORY . P (D), (G), (K) -BARS AND COCKTAIL LOUNGES UP (D), (G), (K) FOOD AND BEVERAGE SALES P (K) MARINE SALES AND SERVICES -BOAT RENTAL, AND SALES UP - ENTERTAINMENT AND EXCURSION SERVICES L-3 OFFICES, BUSINESS AND PROFESSIONAL L-4 PERSONAL IMPROVEMENT SERVICES PD/U (G) PERSONAL SERVICES P - MASSAGE ESTABLISHMENTS UP (E) POSTAL SERVICES P PRINTING AND DUPLICATING SERVICES P RETAIL SALES P 11287.0005/1023046.1 21 Commercial Development: Land Use Regulations P = Permitted UP = Use Permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) = Not Permitted Commercial Additional TRAVEL SERVICES P VEHICLE/EQUIPMENT SALES. AND SERVICES - SERVICE STATIONS UP (F), (K) VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS PD/`U - HOTELS, MOTELS AND TIME- SHARES UP (I) ACCESSORY USES (A), (B), (C) ACCESSORY STRUCTURES AND USES P/UP TEMPORARY USES (A), (B), (C) CHRISTMAS TREE/PUMPKIN SALES L -2 (B) OUTDOOR STORAGE & DISPLAY, TEMPORARY P (J) REAL ESTATE OFFICES, TEMPORARY P (B) L-1 Limited to facilities occupying less then 5,000 square feet; use permit required. L-2 Subject to the approval of the Planning Director. L -3 Permitted, provided operations have first secured a marine activities permit issued by the Harbor Resources Director (see Chapter 17.10 of the Municipal Code). 11287.000511023046.1 22 L -4 Services involving the assembly or meetings of seven or more persons shall be limited to above the first floor, where the first floor is occupied by a permitted use or use permitted with a use permit. (A) See Section 20.60.025, Relocatable Buildings. (B) See Section 20.60.015, Temporary Structures and Uses. (C) See Section 20.60.050, Outdoor Lighting. (D) See Chapter 20.82, Eating and Drinking Establishments. (E) See Chapter 20.87, Massage Establishments. (F) See Chapter 20.80, Automobile Service Stations. (G) See Section 20.60.085, Uses Requiring City Manager Approval. (H) See Chapter 20.84, Time Share Developments. (1) Special events permit required, see Chapter 5.10 of the Municipal Code. (J) See Section 20.60.105, Outdoor Storage and Display. (K) See Chapter 20.89, Alcoholic Beverage Outlets. Section 9. Paragraph `B" of Section 20.43.040 (Commercial Development: Land Use Regulations) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: Section 20.43.040 (Cannery Village/McFadden Square - Commercial) B. The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in Cannery Village/McFadden Square Specific Plan District, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in Cannery Village/McFadden Square Specific Plan District. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use classifications which are permitted when located on the site of 11287.0005/1023046.1 23 another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. Cannery Village/McFadden Square Specific Plan District: Commercial Land Use Regulations P = Permitted UP = Use permit PD/U.= Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) = Not Permitted SR RMC RSC Additional Regulations RESIDENTIAL (A), (B), (C), (D), (I), (N), (0), (P) GROUP RESIDENTIAL SINGLE FAMILY RESIDENTIAL Ul L -1 L -1 MULTI - FAMILY RESIDENTIAL L-1 L -1 L -1 PAROLEE/PROBATIONER HOME -- RESIDENTIAL CARE FACILITIES, SMALL LICENSED Ul Ul L -1 RESIDENTIAL CARE FACILITIES, GENERAL — — RESIDENTIAL CARE FACILITIES, SMALL UNLICENSED — — INTEGRAL FACILTTIESANTEGRAL USES — — TWO-FAMILY RESIDENTIAL Ul Ul Ul PUBLIC AND SEMI - PUBLIC (A), (B), (C), (I), (G), (P) CLUBS AND LODGES — -- 11287.0005/1023046.1 24 Cannery Village/McFadden Square Specific Plan District: Commercial Land Use Regulations P = Pemdtted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) -- –Not Pemdtted COMMERCIAL USES ANIMAL SALES AND SERVICES -ANIMAL GROOMING - ANIMAL HOSPITALS -ANIMAL RETAIL SALES ARTISTS' STUDIOS BANKS/SAVINGS AND LOANS CATERING SERVICES COMMERCIAL RECREATION AND ENTERTAINMENT EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER -FULL SERVICE, LOW TURNOVER -FULL SERVICE, SMALL SCALE 11287.000511023046.1 25 (A), (B), (C), (1), (0), (P) UP UP - -- UP UP – SR RMC RSC Additional Regulations CULTURAL INSTITUTIONS UP L-5 UP (M) DAY CARE, GENERAL — -- UP GOVERNMENT OFFICES – UP UP MARINAS -- P -- (E) RELIGIOUS ASSEMBLY – - -- UP UTILITIES, MINOR P P P (F), (n, (M) COMMERCIAL USES ANIMAL SALES AND SERVICES -ANIMAL GROOMING - ANIMAL HOSPITALS -ANIMAL RETAIL SALES ARTISTS' STUDIOS BANKS/SAVINGS AND LOANS CATERING SERVICES COMMERCIAL RECREATION AND ENTERTAINMENT EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER -FULL SERVICE, LOW TURNOVER -FULL SERVICE, SMALL SCALE 11287.000511023046.1 25 (A), (B), (C), (1), (0), (P) UP UP - -- UP UP – UP UP (1) P P L-7 P P P P – UP UP (A (M) UP UP UP UP UP UP (F), (n, (M) UP UP UP (F), (1), (M) PD/U PD/U PD/U (F), (.l), (M) Cannery VilIage/McFadden Square Specific PIan District: Commercial Land Use Regulations P = Permitted UP = Use permit PD/U = Use permit issued by the Planning Director L = United (see Additional Use Regulations) -- = Not Permitted FOOD AND BEVERAGE SALES MARINE SALES AND SERVICES -BOAT RENTAL AND SALES - BOATSTORAGE -BOAT YARDS - ENTERTAINMENT AND EXCURSION SERVICES - MARINE SERVICE STATION - RETAIL MARINE SALES. OFFICES, BUSINESS AND PROFESSIONAL PERSONAL IMPROVEMENT SERVICES PERSONAL SERVICES -DRY CLEANERS - LIMITED -SELF SERVICE LAUNDRIES RETAIL SALES 11287.000511023046.1 26 – SR RMC RSC Additional Regulations -TAKE -OUT SERVICE UP UP UP (F), (d), (M) -TAKE -OUT SERVICE, LIMITED PD/U PD/U PD/U (F), (d), (M) - ACCESSORY P P P (F), (d), (M) -BARS AND COCKTAIL LOUNGES UP UP UP (M) FOOD AND BEVERAGE SALES MARINE SALES AND SERVICES -BOAT RENTAL AND SALES - BOATSTORAGE -BOAT YARDS - ENTERTAINMENT AND EXCURSION SERVICES - MARINE SERVICE STATION - RETAIL MARINE SALES. OFFICES, BUSINESS AND PROFESSIONAL PERSONAL IMPROVEMENT SERVICES PERSONAL SERVICES -DRY CLEANERS - LIMITED -SELF SERVICE LAUNDRIES RETAIL SALES 11287.000511023046.1 26 – – P (M) P --- (E), (I) P – (E), (I) – P — (E), (I) L19 L -9 L -9 (E), (I) – UP – (E) – P – L-2 L -4 L -2 UP L -5 UP (J) – L-7 P (G) – - -- UP P L-7 P --- --- UP Ira P P Cannery Village/McFadden Square Specific Plan District: Commercial Land Use Regulations P = Permitted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Re=lations) — = Not Permitted INDUSTRIAL INDUSTRY, CUSTOM INDUSTRY, LIMITED INDUSTRY, MARINE- RELATED ACCESSORY USES ACCESSORY STRUCTURES AND USES TEMPORARY USES ANIMAL SHOWS CHRISTMAS TREE/PUMPKIN SALES CIRCUSES AND CARNIVALS COMMERCIAL FILMING, LIMITED FAIRS AND FESTIVALS HELIPORTS, TEMPORARY 11287.0005/1023046.1 27 (A), (B), (C), (1), (P) — SR RMC RSC Additional L-7 --- (B) --- Regulations TRAVEL SERVICES P L -6 P P VISITOR ACCOMMODATIONS P P P (H) -BED AND BREAKFAST INNS PD/U PD/U PD/U - HOTELS, MOTELS AND TIME - SHARES UP UP UP (K) INDUSTRIAL INDUSTRY, CUSTOM INDUSTRY, LIMITED INDUSTRY, MARINE- RELATED ACCESSORY USES ACCESSORY STRUCTURES AND USES TEMPORARY USES ANIMAL SHOWS CHRISTMAS TREE/PUMPKIN SALES CIRCUSES AND CARNIVALS COMMERCIAL FILMING, LIMITED FAIRS AND FESTIVALS HELIPORTS, TEMPORARY 11287.0005/1023046.1 27 (A), (B), (C), (1), (P) — L-7 - (H) --- L-7 --- (B) --- UP UP (E) P/UP P/UP P/UP (A), (B), (C), (P) (A), (B), (C), (P) P P P (H) L-8 L -8 L-8 (B) P P P (H) P P P (H) P P P (H) L-8 L -8 L-8 (L) Cannery Village/McFaddeu Square Specific Plan District: Commercial Land Use Regulations P - Permitted UP = Use permit PDA) = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) -- -Not Permitted SR RMC RSC Additional Regulations OUTDOOR STORAGE & DISPLAY, TEMPORARY P - -- P (I) REAL ESTATE OFFICES, TEMPORARY L-8 L -8 L-8 (B) RECREATION AND ENTERTAINMENT EVENTS ,."Jaw-t1` Cannery Village/McFadden Square Specific Plan District: Additional Commercial Land Use Regulations (H) (H) L -1 Limited to above the first floor, where the first floor is occupied by a permitted use or use permitted with a use permit. L -2 Business and professional offices not providing services to the general public or not ancillary to an otherwise permitted use, such as corporate offices, shall be permitted only above the first floor. Services involving the assembly or meetings of seven or more persons shall be limited to above the first floor, where the first floor is occupied by a permitted use or use permitted with a use permit L -3 Limited to businesses retailing in goods generally oriented to the casual pedestrian shopper, including antiques, books, clothing, hand crafted items, hobby materials, jewelry, stationary, and works of art. All other uses are subject to the approval of the Planning Director for compatibility with the objectives of this district. L -4 Marine - related facilities permitted as an incentive use; other facilities in this use classification permitted when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses: Services involving the assembly or meetings of seven or more persons shall be limited to above the first floor, where the first floor is occupied by a permitted use or use permitted with a use permit. L -5. Marine - related facilities permitted with a use permit as an incentive use; other facilities in this use classification permitted with a use permit when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. 11287.000511023046.1 28 L-6 Permitted when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. L -7 Permitted with a use permit when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. L-8 Subject to the approval of the Planning Director. L-9 Permitted, provided operations have first secured a marine activities permit issued by the Harbor Resources Director (see Chapter 17.10 of the Municipal Code). L-10 Limited to above the first floor, where the first floor is occupied by a permitted use or use permitted with a use permit; use permit required. (A) See Section 20.60.025: Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. (D) In areas designated for commercial or retail uses and subject to a variable floor area ratio, residential uses are permitted on the second floor or above only. No residential uses shall be permitted in the commercial area subject to a fixed floor area ratio, specifically the shopping center located immediately southwesterly of the intersection of Newport Boulevard and 32nd Street on Parcels 1, 2, and 3 of Record of Survey 35 -25 filed with the Orange County Recorder. (E) See Section 20.60.070: Waterfront Development Regulations and Section 20.60.080: Marine Incentive Uses. (F) See Chapter 20.72: Eating and Drinking Establishments. (G) Independent massage establishments not permitted (See Chapter 20.87: Massage Establishments). (H) Special event permit required, see Chapter 5.10 of the Municipal Code. (I) See Section 20.60.105: Outdoor Storage & Display. (J) See Section 20.60.085: Uses Requiring City Manager Approval. (K) See Chapter 20.84: Time Share Developments. (L) See Section 20.60.055: Heliports and Helistops. (M) See Chapter 20.89: Alcoholic Beverage Outlets. 11287.000511023046.1 29 (N) No residential use constituting a single housekeeping unit may offer or provide services to persons not residing on the site, unless the City has approved a use permit allowing such use, or in compliance with Section 20.60.100: Home Occupations in Residential Districts. (0): Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (P): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. Section 10. Section 20.43.060 (Residential Land Use Regulations) of Chapter 20.43 (Specific Plan District #6 Cannery Village/McFadden Square) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: 20.43.060 Residential Land Use Regulations A. Land Use Desi;enations. The following residential land use designations are established: SP -6 (R -1) District. 2. SP -6 (R -2) District. SP -6 (MFR) District. These designations preserve the existing residential districts within the Cannery Village/McFadden Square Specific Plan District, and maintain the development standards that have guided the orderly development of these districts. The designations, locations and boundaries of these uses are delineated upon the map entitled "Cannery Village/McFadden Square Specific Plan District, Land Use Plan Map ", which map and all information and notations thereon are made a part of this section by reference. B. In the following schedule, the letter 'P" designates use classifications permitted in the Cannery Village/McFadden Square Specific Plan District residential areas. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use pemrit, as 11287.0005/1023046.1 30 provided in Chapter 20.91 or 20.91A. The letters TfUP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. Cannery Village/McFadden Square Specific Plan District: Residential Land Use Regulations OFC RESIDENTIAL CARE FACILITY, SMALL LICENSED P P P RESIDENTIAL CARE FACILITY, SMALL NONLICENSED — — UP- OFC INTEGRAL FACILITIES /INTEGRAL USES - -- UP- OFC SINGLE FAMILY RESIDENTIAL P P P TWO - FAMILY RESIDENTIAL -- P — COMMERCIAL VEHICLEIEQUIPMENT SALES AND SERVICES 11287.000511023046.1 31 (A), (B), (C), (G) R -1 R -2 MFR Additional Regulations RESIDENTIAL (A), (B), (C), (E), (F), (G) DAY CARE, LIMITED (D) -LARGE FAMILY CHILD CARE HOMES PD/U PD/U PD/U -SMALL FAMILY CHILD CARE HOMES P P P GROUP RESIDENTIAL - -- -- -- MULTI- FAMILY RESIDENTIAL — P PAROLEE/PROBATIONER HOME — - -- - -- RESIDENTIAL CARE, GENERAL - -- - -- UP- OFC RESIDENTIAL CARE FACILITY, SMALL LICENSED P P P RESIDENTIAL CARE FACILITY, SMALL NONLICENSED — — UP- OFC INTEGRAL FACILITIES /INTEGRAL USES - -- UP- OFC SINGLE FAMILY RESIDENTIAL P P P TWO - FAMILY RESIDENTIAL -- P — COMMERCIAL VEHICLEIEQUIPMENT SALES AND SERVICES 11287.000511023046.1 31 (A), (B), (C), (G) Cannery Village/McFadden Square Specific Plan District: Residential Land Use Regulations R -1 R -2 MFR Additional Regulations - COMMERCIAL PARKING FACILITY UP UP UP ACCESSORY USES ACCESSORY STRUCTURES AND USES P/UP P/UP P/UP Cannery Village/McFadden Square Specific Plan District: Additional Residential Land Use Regulations (A) See Section 20.60.025: Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. (D) . See Section 20.60.130: Day Care Facilities for Children. (A), (B), (C), (G) (E): No residential use may offer or provide services to persons not residing on the site, unless the City has approved a use permit allowing such use, or in compliance with Section 20.60.100: Home Occupations in Residential Districts. (F): Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (G): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. Section 11. Paragraph `B" of Section 20.44.035 (Residential Equestrian District: SP -7 (REQ)) of Chapter 20.44 (Specific Plan District #7 Santa Ana Heights) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: 11287.000511023046.1 32 Section 20.44.035 (Santa Ana Heights — REQ District) B. Principal Uses Permitted. The following principal uses are permitted. a. Single family detached dwellings or single family mobile homes (one per building site). b. Residential care facilities, small licensed. C. Parks, playgrounds, and athletic fields (noncommercial). d. Riding and hiking trails. e. Small family child care homes (See Section 20.60.130: Day Care Facilities of Children). 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. Communication transmitting; reception, or relay facilities. b. Public /private utility buildings and structures. C. Large family child care homes (See Section 20.60.130: Day Care Facilities of Children). 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91: a. Fire and police stations. b. Churches, temples, and other places of worship. C. Educational institutions. d. Libraries. e. Any other use which the Planning Commission finds consistent with the purpose and intent of this district. Section 12. Paragraph `B" of Section 20.44.040 (Residential Single Family District: SP -7 (RSF)) of Chapter 20.44 (Specific Plan District #7 Santa Ana Heights) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: Section 20.44.040 Residential Single family District: SP -7 (RSF) B. Principal Uses Permitted. The following principal uses are permitted: 11287.0005/1023046.1 33 a. Single- family detached dwellings or single family mobile homes (one per building site); b. Residential care facilities, small licensed. C. Parks, playgrounds, and athletic fields (noncommercial); d. Riding and hiking trails. e. Small family child care homes (See Section 20.60.130: Day Care Facilities of Children). 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. Communication transmitting, reception, or relay facilities; b. Public/private utility buildings and structures; C. Large family child care homes (see Section 20.60.130 (Day Care Facilities for Children)). 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91: a. Fire and police stations; b. Churches, temples, and other places of worship; C. Any other use which the Planning Commission finds consistent with the purpose and intent of this district." Section 13. Paragraph `B" of Section 20.45.030 (Land Use Regulations) of Chapter 20.45 (Specific Plan District #S Central Balboa) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: Section 20.45.030 Land Use Regulations B. The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in Central Balboa Specific Plan District, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in Central Balboa. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a.use permit, as provided in Chapter 20.91 or 20.91A. The letters "PD/U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 11287.0005/1023046.1 34 c. - 20.91. The letters T/UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. Central Balboa- Land Use Regulations P = Permitted UP = Use pemrit UP -OFC = Use permit issued by a Hearing Officer PD/U = Use permit issued by the Planning Director L = Limited (see Additional Land Use Regulations - -- = Not Permitted RSC RP R -2 MFR GEIF OS Additional Regulations RESIDENTIAL (A), (B), (C), (M), (T), (U), (V) DAY CARE, LIMITED (Q) -LARGE FAMILY CHILD HOMES - -SMALL FAMILY CHILD CARE HOMES - -- GROUP RESIDENTIAL — MULTI- FAMILY RESIDENTIAL L -] PAROLEE/PROBATIONER HOME -- RESIDENTIAL CARE FACILITIES, —• GENERAL RESIDENTIAL CARE FACILITIES, SMALL L-1 LICENSED RESIDENTIAL CARE FACILITIES, SMALL NONLICENSED INTEGRAL FACILITIESIINTEGRAL USES 11287.0005/1023046.1 35 - -- PD/U PD/U — — P P --- --- — P — (R) — UP- — OFC P P P — — UP- — — OFC UP- OFC Central Balboa: Land Use Regulations P = Permitted UP = Use permit UP-OFC = Use pem»t issued by a Hearing Officer PD/U = Use pemut issued by the Planning Director L - Limited (see Additional Land Use Regulations) - -- = Not Permitted RSC RP R -2 MFR GEIF OS Additional SINGLE FAMILY RESIDENTIAL L-1 P P P - -- L-2 (R) TWO - FAMILY RESIDENTIAL L -1 P P P -- -- (R) PUBLICAND SEMI - PUBLIC (A), (B), (C), (m), (U), M CLUBS AND LODGES — - -- L -3 L -3 L-4 – (0) CONVALESCENT FACILITIES UP UP – – (D) CULTURAL INSTITUTIONS - -- - -- - -- - -- L-4 -- (0) DAY CARE, GENERAL UP - -- –_ – – (D), (Q) GOVERNMENT OFFICES P — – – L-4 — HELIPORTS UP UP UP UP . L4 UP (E) HOSPITALS -•• - -- -•- – L4 -- MARINAS P -- – -- — UP (F) PARK AND RECREATION FACILITIES P L -3 L -3 L -3 - -- P PUBLIC SAFETY FACILITIES UP – – – L-4 - -- RELIGIOUS ASSEMBLY • -- – - -- - -- L-4 - -- SCHOOLS, PUBLIC AND PRIVATE -•• -•- L-4 - -- 77287.0005/1023046.1 36 C �. Central BaIboa: Land Use Regulations P = Permitted UP = Use permit UP -OFC - Use permit issued by a Hearing Officer PD/U - Use permit issued by the Planning Director L = Limited (see Additional Land Use Regulations) - -- - Not Permitted RSC RP R -2 MFR GEIF OS Additional Regulations UTILITIES, MAJOR UP UP UP UP L-4 UP UTILITIES, MINOR P P P P P P COMMERCIAL USES ANIMAL SALES AND SERVICES - ANIMAL GROOMING PD/U - -- - ANIMAL HOSPITALS UP - - ANIMAL RETAIL SALES PD/U - -- ARTISTS' STUDIOS P P BANKS/SAVINGS AND LOANS P -- CATERING SERVICES P UP COMMERCIAL FILMING UP - COMMERCIAL RECREATION AND UP - -- ENTERTAINMENT EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP -- -FULL SERVICE, LOW TURNOVER UP — 11287.0005/1023048.1 37 (A), (B), (C), (M). (U), (U) - - - - (D), (G) _ - — (D) - - — - (G) - - L-6 (G),(0) - - - - (G), (II), (I), (G) - - - (G), (H), (1), (0) ct Central Balboa: Land Use Regulations P = Permitted UP = Use permit UP -OFC = Use permit issued by a Hearing Officer PD/U = Use permit issued by the Planning Director L = Limited (see.Additional Land Use Regulations) - -- = Not Permitted 11287.0005/1023046.1 38 RSC RP R -2 MFR GEIF OS Additional Regulations -FULL SERVICE, SMALL SCALE PD/U — — - -- - -- (G), (H), (1), (0) - TAKE -OUT SERVICE UP — — — — (G), (H), (1), (0) -TAKE -OUT SERVICE, LIMITED PD/U — — — -- (G), (H), (1). (0) - ACCESSORY P -- — P -•- (% (H), (1), (0) -BARS AND COCKTAIL LOUNGES UP -- — — — — (G), (H), (1), (0) FOOD AND BEVERAGE SALES P - -- - -- ••. - -- — (0) FUNERAL AND INTERNMENT SERVICES UP — — — MAINTENANCE AND REPAIR SERVICES P P — — — (D); (M) MARINE SALES AND SERVICES -BOAT RENTAL, AND SALES UP - -- ••• • -- — — (F), (M) - ENTERTAINMENT AND EXCURSION L -10 - -- - -- -- - -- - -- (F) SERVICES - MARINE SERVICE STATION PD/U — — — (F) - RETAIL MARINE SALES P — -•• - -- - -- - -- NURSERIES P - -- -- -- OFFICES, BUSINESS AND PROFESSIONAL L -11 L -11 -- — -- (D) PAWN SHOPS P - -- — — — — (G) PERSONAL IMPROVEMENT SERVICES PD/U UP — — (D), (G) 11287.0005/1023046.1 38 Central Balboa: Land Use Regulations P = Peruritted UP = Use permit UP -OFC = Use permit issued by a Hearing Officer PD/U = Use permit issued by the Planning Director L = Limited (see Additional Land Use Reeulationsl — = Not Pemvtted 11287.0005110230461 39 C� MENE RSC RP R -2 MFR GEIF OS Additional Regulations PERSONAL, SERVICES P P — — (D), (H) -DRY CLEANERS P — - -- - -- - -DRY CLEANERS (COLLECTION ONLY) P — — - - FORTUNE TELLING P P -- — (D) SELF SERVICE LAUNDRIES UP — — — — -- POSTAL SERVICES P P — — -- (D) PRINTING AND DUPLICATING SERVICES P P — — (D) RETAIL SALES P - -- - -- -- -- SECONDHAND APPLIANCES/CLOTHING PD/U - -- - -- - -- - -- -- (G) TRAVEL SERVICES P P — — -- (D) VEHICLFJEQUIPMENT SALES AND SERVICES - AUTOMOBILE RENTALS L -7 — — — -- - COMMERCIAL PARKING FACILITY PD/U L-8 L-8 L-8 LA — VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS PD/U UP UP UP - HOTELS, MOTELS AND TIME - SHARES UP — — -- (N) -SRO RESIDENTIAL HOTELS UP - -- - -- UP — 11287.0005110230461 39 C� MENE Central Balboa: Land Use Regulations P = Permitted UP = Use permit UP-OFC = Use permit issued by a Hearing Officer PD/U = Use permit issued by the Planning Director L = Limited (see Additional Land Use Regulations) -- = Not Permitted RSC RP R -2 MFR GEIF OS Additional (A), (B), (C), ACCESSORY USES (U) ACCESSORY STRUCTURES AND USES P/UP P/UP P/UP P/UP P/UP --- (L) TEMPORARY USES (A), (B), (C), ANIMAL SHOWS P - -- - -- - -- P P (K) CHRISTMAS TREE/PUMPKIN SALES L -9 - -- — — (B) CIRCUSES AND CARNIVALS P P P (K) COMMERCIAL FILMING, LIMITED P -- -- -- P P (K) FAIRS AND FESTIVALS P -- — — P P (K) PERSONAL PROPERTY SALES -- P P P -- --- (P) OUTDOOR STORAGE, TEMPORARY P - -- -- - -- - -- — (M) REAL ESTATE OFFICES, TEMPORARY L-9 1.9 1.9 L-9 — RECREATION & ENTERTAINMENT P -- -- -- P P (K) EVENTS TRADE FAIRS P - -- -- -- P P (K) Central Balboa Specific Plan: Additional Land Use Regulations 11287.000511023046.1 40 L-1 See Section 20.45.035 (B). L-2 Permitted as a security guard or caretakers residence. L-3. Limited to facilities developed as part of a residential development. L-4 In GEIF and OS districts, approval of a use permit in accordance with the provisions of Chapter 20.91 for the establishment of any new use permitted by this section, or any expansion or changes in the operational characteristics of an existing use within this zoning district, unless said use is owned and or operated by a governmental agency that is exempted from the provisions of this section by constitutional or statutory law, and is acting in its governmental capacity. L -5 Limited to facilities occupying less then 5,000 square feet; use permit required. L-6 Permitted with a use permit as part of park or recreational facility. L-7 Offices only, no vehicles stored on premises. L -8 Permitted only when adjacent to a commercial district. L -9 Subject to the approval of the Planning Director. L -10 Permitted, provided operations have first secured a marine activities permit issued by the Harbor Resources Director (see Chapter 17.10 of the Municipal Code). L -11 Permitted, however, services involving the assembly or meetings of seven or more persons shall be limited to above the first floor, where the first floor is occupied by a permitted use or use permitted with a use permit. (A) See Section 20.60.025: Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. (D) Commercial uses shall be permitted in the SP -8 (RP) District subject to the following provisions: Commercial uses are permitted on the ground floor only and on the front 50 percent of the lot. 2. The commercial portion shall be limited to a floor area ratio of 0.25. 3. The total gross floor area for all structures on any site shall not exceed 2.00. 4. Off - street parking for commercial uses shall be as specified in Section 20.45.050 (F)• 11287.000511023046.1 41 cc (E) See Section 20.60.055: Heliports and Helistops. (F) See Section 20.60.070: Waterfront Development Regulations. (G) See Section 20.60.085: Uses Requiring City Manager Approval. (H) See Chapter 20.82: Eating and Drinking Establishments. (I) In addition to the findings established in Chapter 20.82, the Planning Director or Planning Commission, as the case may be, shall make the following findings in order to approve a drive -in, take -out or small -scale eating and drinking establishment: 1. That the operator of the food service use will be responsible for the clean-up of all on -site and off -site trash, garbage and litter generated by the use. 2. That the operator of the food service use has submitted a practical program for monitoring and implementing the clean -up of site and adjacent areas. Q) Independent massage establishments not permitted (See Chapter 20.87: Massage Establishments). (K) Special event permit required, see Chapter 5.10 of the Municipal Code. (L) See Section 20160.100: Home Occupations in Residential Districts. (M) See Section 20.60.105: Outdoor Storage & Display. (l) See Chapter 20.84: Time Share Developments. (0) See Chapter 20.89: Alcoholic Beverage Outlets. (P) See Section 20.60.120: Personal Property Sales in Residential Districts. (Q) See Section 20.60.130: Day Care Facilities for Children. (R) Any dwelling unit otherwise permitted by this Code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of: 1. A Business License pursuant to Chapter 5.04 of the Municipal Code. 2. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 of the Municipal Code. 3. A Short Term Lodging Permit pursuant to Chapter 5.95 of the Municipal Code. (S): No residential use constituting a single housekeeping unit may offer or provide services to persons not residing on the site, unless the City has approved a use permit allowing such use, or in compliance with Section 20.60.100: Home Occupations in Residential Districts. 11287.0005/1023046.1 42 S i. (T): Persons with disabilities may request a reasonable accommodation firm the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (U): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. Section 14. Chapter 20.62 (Nonconforming Structures and Uses) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: "CHAPTER 20.62 NONCONFORMING STRUCTURES AND USA Sections: 20.62.010 Purpose 20.62.020 Applicability 20.62.030 Determination of Nonconformity 2.0.62.040 Nonconforming Structures 20.62.050 Nonconforming Parking 20.62.060 Landmark Buildings 20.62.070 Restoration of Damage or Destruction 20.62.080 Termination of Nonconforming Status 20.62.090 Abatement 20.62.100 Rights of Appeal 20.62.010 Purpose Nonconforming uses, structures, and parking are inconsistent with a coherent zoning plan and the established standards and regulations set forth in this Title. This chapter establishes procedures for the. continuance or abatement of existing structures and uses that do not conform to the provisions of the Zoning Code, especially in residential zoning districts, and which may be adverse to the general welfare of persons and property and detrimental to the orderly develop- ment of the City as envisioned by the goals and policies of the General Plan. The purpose of these provisions is to: A. Bring nonconforming uses and structures into conformance with the development standards set forth in the City s Zoning Code. B. Reduce the occurrence and limit the extent of nonconformance of nonconforming uses and structures, especially in residential zoning districts. 11287.000511023046.1 43 C. Phase out certain nonconforming uses and structures in accordance with the abatement periods set forth below, without infringing upon the constitutional rights of property owners. 20.62.020 Applicability Uses, buildings, structures or lots that become nonconforming due to reclassification, ordinance changes, or annexations may be continued subject to the provisions of this Chapter. 20.62.030 Determination of Nonconformity A. The Planning Director shall determine the nonconformity of any use, building, structure, or lot. B. Any use found to have been lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City, shall be deemed to be a nonconforming use. A nonconforming use includes a use that was lawfully established and maintained but is conditionally permitted in the district and has not obtained a use permit. A use shall not be considered to have been "lawfully established and maintained" and is an illegal use if it was established or operated without required permits and licenses, including but not limited to permits and licenses required by any federal, state, or local government agency. C. Any structure or building that was lawfully erected, but which does not conform with the property development regulations prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City, shall be deemed to be a legal nonconforming structure. A building or structure shall not be considered to have been "lawfully erected" and is an illegal structure if it was constructed without required permits, including but not limited to permits required by any federal, state, or local government agency. D. When a use or structure does not conform with the use regulations or required conditions for the district in which it is located, the property owner or person asserting that it is a nonconforming use or a nonconforming structure has the burden to.provide sufficient documentation to the Planning Director that the use or structure was lawfully established, maintained, and erected and is nonconforming by reason of adoption or amendment.of this code or by reason of annexation of territory to the City. E. A use or structure that was not lawfully established, maintained, or erected is contrary to the provisions of this code and the City may commence an action or proceedings for the abatement and removal of the use or structure pursuant to the provisions of Chapter 20.96. 11287.000511023046.1 44 �A 20.62.040 Nonconforming Structures A. Maintenance and Repairs. Ordinary maintenance and repairs may be made to legal nonconforming structures. No structural alterations shall be made which would prolong the life of the supporting members of a structure, except as provided in this section. B. Interior Alterations. Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal nonconforming structure, provided that the cost of the desired improvement or repair shall not exceed 50 percent of the replacement cost of the nonconforming structure, as determined by the Building Director, over any consecutive 12 month period. C. Structural Alterations. Structural elements of a legal nonconforming structure may be modified or repaired subject to the following provision: 1. Alteration of up to 25 percent of the structural elements within any 12 month period may be permitted by right. 2. Alteration of up to 50 percent of the structural elements within any 12 month period may be permitted upon the approval of a modification permit. 3. Alteration of up to 75 percent of the structural elements within any 12 month period may be permitted upon the approval of a use permit by the Planning Director, subject to the findings and provisions contained in Section 20.62.040 (F). D. Additions. Structures legally nonconforming for reasons other than for parking, open space, floor area, or building bulk, may be enlarged, extended or expanded subject to the following provisions: 1. A increase of up to 25 percent.of the gross floor area within any 12 month period may be permitted by right. 2. An increase of up to 50 percent of the gross floor area within any 12 month period may be permitted upon the approval of a modification permit. 3. An increase of up to 75 percent of the gross floor area within any 12 month period may be permitted upon the approval of a use permit by the Planning Director, subject to the following findings and provisions contained in Section 20.62.040 (F). No addition shall cause an increase in the structure's inconsistency with the regulations of the Zoning Code. 11287.000511023046.1 45 c.� E. Exceptions. The provisions of this section shall not apply to the following circumstances: Seismic Retrofits. Alterations to a structure required to comply with the minimum provisions of Chapter 15.07, "Earthquake Hazard Reduction," and California Government Code Section 8875. 2. Public Health & Safety. Structural elements of a legal nonconforming structure may be modified or repaired if the Building Director determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property and the cost does not exceed 50 percent of the replacement cost of the legal nonconforming structure, as determined by the Building Director. 3. Nonconforming Parkins. Structures which are nonconforming due to off - street parking and loading requirements shall be subject to the provisions of Section 20.62.050. F. Required Findings. A use permit required for the alteration of a nonconforming structure may be approved only if the following findings are made in addition to those findings specified in Chapter 20.91. 1. The cost of the improvements to be made is minor in comparison to the value of the existing nonconforming condition. 2. The cost of correcting the nonconforming condition would exceed the cost of the other alterations proposed. 3. Retention of the nonconforming condition is necessary to maintain reasonable use of the structure. 4. The alteration does not increase the structure's inconsistency with the regulations of the Zoning Code. 20.62.050 Nonconforming Parking A. Residential Uses. Where residential uses are nonconforming only because they do not conform to the off -street parking requirements of this code, the following alterations are permitted: Number of Suaces a. Residential development having less than 2 parking spaces per dwelling unit: (1) Repair and maintenance, interior alterations, and structural alterations, as provided for in Section 20.62.040 (A -C). 11287.000511023046.1 48 (2) Minor additions to existing buildings, such as the construction of bathrooms, closets and hallways, or the expansion of existing rooms, subject to the floor area limits of Section 20.62.0.040 (D -1 — D3). (3) Addition of a new room provided that there is no net increase in the number of habitable rooms, upon the approval of a modification permit, subject to the floor area limits of Section 20.62.0.040 (D -1— D -3). b. Residential development having at least 2 parking spaces per dwelling unit may be altered or expanded as provided in Subsection A -1 -a, except that: (1) The approval of a modification permit shall not be required for the addition of a new room provided that there is no net increase in the number of habitable rooms. (2) Additional rooms may be added upon the approval of a modification permit. 2. Size of Parking Spaces. a. No discretionary approvals shall be required for the alteration or expansion of buildings which are nonconforming only because amendments to this code have changed the dimensions of required parking spaces subsequent to the original construction of the building, provided that the building and any proposed addition shall conform to current provisions of this code with regard to the number of required parking spaces. b. When the dimensions of required parking spaces do not meet provisions of Subsection A -2 -a, above, or current standards, alteration of the structure may be permitted only upon the approval of a modification permit. 3. Covered and Enclosed Parkins. Residential development having less than the required number of enclosed parking spaces: a. Repair and maintenance, interior alterations, and structural alterations, as provided for in Section 20.62.040 (A -C). b. Minor additions to existing buildings, such as the construction of bathrooms, closets and hallways, or the expansion of existing rooms, subject to the floor area limits of Section 20.62.0.040 (D). 11287.0005/1023046.1 47 C. Addition of a new room provided that there is no net increase in the number of habitable rooms, upon the approval of a modification permit, subject to the floor area limits of Section 20.62.0.040 (D). B. Nonresidential Uses. Where nonresidential structures and uses are nonconforming only because they do not provide the number of parking spaces required by this code, the following shall be controlling: Continuation or Change. Nonconforming structures and uses in nonresidential zoning districts, and in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, may be continued or changed to a use requiring the same or less on -site parking, consistent with all other provisions of this code. 2. Repair and maintenance, interior alterations, and structural alterations, as provided for in Section 20.62.040 (A -C). 3. Enlargement or Intensification. a. More Than 10% Increase The nonconforming structure or use may be enlarged by more than 10 percent of its original gross floor area, or onsite uses may be intensified such that code required parking would increase by more than 10 percent, in any 12 month period, only if all code required parking is provided, unless a waiver or reduction of the parking requirement is authorized by use permit approved by the Planning Director. b. Less Than 10% Increase A nonconforming structure or use may be. enlarged by less than 10 percent of its original gross floor area or intensified to generate less than a 10 percent increase in code required parking, upon the provision of code required parking attributable to the enlargement or intensification. 4. Removal. All nonconforming rights with regard to parking shall be lost for any non - accessory building which is demolished. 20.62.060 Landmark Buildings A. Purpose. To preserve historic structures, encourage their adaptive reuse, and revitalize the older commercial areas in which they are located by granting relief from restrictions on nonconforming uses and structures in this Chapter while maintaining the principal use and minimizing impacts on the surrounding area. 11267.000511023046.1 48 B. Applicabilitv. The following types of buildings are recognized as having importance to the history and architecture of the City of Newport Beach and are collectively designated as Landmark Buildings: 1. Landmark Theaters. The term Landmark Theaters shall mean any building constructed for use as a cinema or theater that (a) was constructed on or before December 12, 1950; (b) has a single screen or stage; and (c) was designed to seat more than 300 people. 2. Landmark Structure. The term Landmark Structure shall mean any building listed on the National Register of Historic Places, constructed prior to December 12, 1950. C. Exemptions. The principal use of a Landmark Building may be modified, maintained, altered, increased or intensified by way of a change in operational characteristics without obtaining a use permit required by the provisions of Section 20.82, subject to compliance with the conditions of Subsection (D) and irrespective of whether the principal use has been inactive for any period of time since inception. An accessory use may be initiated, or intensified by way of a change in operational characteristics, in a Landmark Building without obtaining a use permit required by Section 20.82 subject to compliance with the conditions of Subsection (D). Structural alterations may be made to a Landmark Building without obtaining a use permit pursuant to Section 20.62.040(C) subject to compliance with the conditions of Subsection (D). For purposes of this Section the term accessory use shall mean any use that is permitted as a matter of right or pursuant to a use permit in the zoning district in which the Landmark Building is located. For purposes of this Section, the term principal use shall mean, in the case of a Landmark Theatre, the (i) display of motion pictures; and (ii) any similar entertainment use that occurred on a regular basis within the structure from its inception to January 1, 2003. In the case of a Landmark Structure, the term principal use shall be the use that occupied the greatest amount of floor area as of January 1, 2003. D. Conditions. The exemptions specified in Subsection C are applicable on the following conditions. 1. Any new use that is initiated, and any use that is intensified by way of a change in operational characteristics, is accessory and remains subordinate to the then current and ongoing principal use of the Landmark Building. 2. The principal use of the Landmark Building occupies, at all times, no less than seventy percent (70 %) of the of the gross floor area of the Landmark Building. 3. A use permit is issued pursuant to the provisions of Chapter 20.89 (Alcoholic Beverage Outlets) prior to the initiation of any accessory use that involves the sale or consumption of alcoholic beverages. 11287.000511023046.1 49 4. Any permit required by any other titles (other than Title 20) of the Municipal Code has been issued prior to the initiation or intensification (by way of a change in operational characteristics) of any accessory use of the Landmark Building. 5. Any accessory use in any Landmark Theater is conducted between the hours of 8:00 a.m. and 12:00 a.m. 6. The required off - street parking of all uses after any additions, intensification, modification or expansion (including credit for reductions in off - street parking resulting from the elimination of accessory uses existing on January 1, 2003) is less than the required off - street parking for the principal and accessory uses prior to any additions, intensification, modification or expansion. 7. The facade and/or exterior architectural features of the Landmark Building are not substantially altered or are restored to original condition and the exterior walls of the Landmark Building remain in substantially the same location as they existed on January 1, 2003. 20.62.070. Restoration of Damage or Destruction A. Nonconforming? Use. A nonconforming use occupying land, a building, or portion thereof which is otherwise conforming and damaged or destroyed by fire, explosion, earthquake, or other disaster may be reestablished, provided that restoration work is commenced within 12 months after the damage or destruction occurs and is pursued diligently to completion, and provided that an abatement period for the use has not been established pursuant to Section 20.62.090. B. Nonconforming Structure or Parking 1. Determination of Replacement Value. The replacement value of the structure shall be determined by the Building Director. However, the Building Director shall accept the appraised replacement value of the structure as determined by an independent, licensed appraiser retained by the property owner, should the property owner choose. to do so. The replacement value of the structure shall be in excess of the building foundation at the time of the damage. 2. Un To 90 % Damage or Destruction a. General Provisions. A nonconforming structure, which is partially destroyed by fire, explosion, earthquake, or other disaster, may be repaired or restored as a matter of right if the cost of the repair or restoration is less than 90 percent of the replacement value of the structure. The rights conferred by this section are contingent upon diligent application for a building permit after the damage or 11287.0005/1023046.1 50 I partial destruction occurs and diligent pursuit of repairs to completion. b. Special Provisions. Notwithstanding the provisions of subparagraph a, where a structure is nonconforming due to an encroachment into a setback or into the required distance between buildings, and the encroachment is more than 90 percent destroyed, a modification permit shall be required for replacement or repair of the encroachment. When a structure is nonconforming due to excessive height, bulk, gross floor area, or lack of open space, and the nonconforming condition is more than 90 percent destroyed, the nonconforming condition may be restored only after approval of a use permit approved by the Planning Director pursuant to Chapter 20.91 with the following additional findings, subject to the limitations in Subsection D below: (1) That replacement of the nonconforming condition is necessary to maintain reasonable use of the structure or individual condominium unit. (2) That replacement of the nonconforming condition is necessary to preserve a substantial property right. Greater Than 90% Destruction. If a nonconforming structure is damaged or destroyed by fire, explosion, earthquake, or other disaster to an extent of more than 90 percent of its replacement value, then the nonconformity may be restored only if a use permit is first approved by the Planning Director provided application for the use permit is made within 12 months after the damage or destruction occurs and the following findings are made in addition to those findings required in accordance with Chapter 20.91 subject to the limitations in Subsection D below: a. That replacement of the nonconforming condition is necessary to maintain reasonable use of the property or individual condominium unit. b. That replacement of the nonconforming condition is necessary to preserve a substantial property right. 4. Removal of Portions of the Structure Not Destroyed or Damaged. If a nonconforming structure is damaged or destroyed by fire, explosion, earthquake, or other disaster to an extent of more than 50 percent of its replacement value, then a maximum additional 20 percent of the structure may be removed and replaced if necessary to pursue restoration of the structure. Any additional portions of the structure may be removed and replaced, only upon the approval of a use permit by the Planning Director 11287.0005/1023D46.1 51 ,r and subject to the following findings in addition to those findings required in accordance with Chapter 20.91. a. That substantial additional expense would be created by the necessity of working around the additional portion of the structure to be removed when repairing the damaged or destroyed portion. b. That replacement of the nonconforming portion of the structure which was voluntarily removed is necessary to preserve a substantial property right; or that the rebuilt portion of the structure will more nearly conform to the provisions of this code. C. Mina and Deterioration. The provisions of this section shall not be construed to permit replacement of nonconforming conditions in structures undergoing renovation, remodel, or reconstruction, structures damaged by ongoing natural processes such as dry rot or termites or structure which have deteriorated due to age. D. Condominium Units. When a use permit is required for replacement or repair of any condominium units which are damaged or destroyed by fire earthquake, explosion, or other disaster, no reduction in the number of units shall be required. The replacement units shall be permitted to be equivalent in size and location to the units which were damaged or destroyed. 20.62.080 Termination of Nonconforming Status A. Unless otherwise provided in this chapter, a nonconforming use must cease operations and cannot be reestablished when one or more of the following events occur: The nonconforming use remains inactive for 180 consecutive days. 2. The nonconforming use is converted to a conforming use. 3. The nonconforming use is enlarged, extended, expanded or in any other manner changed to increase its inconsistency with the regulations of this code. 4. The abatement period expires as set forth in Section 20.62.090. B. Abatement. Whenever the Planning Director finds that any of the conditions set forth in Subsection A exist, the Planning Director shall issue a written order of abatement as specified in Section 20.62.090.E of this chapter. 11287.000511023046.1 52 . . 20.62.090 Abatement Periods A. Time Periods for Abatement in Residential Districts. Nonconforming uses located in Residential Districts or in an area where residential uses are provided for in the Planned Community Districts or Specific Plan Districts shall be abated and terminated upon the expiration of the periods of times set forth below. 1. Nonconforming Use of Land When No Structure Is Involved. The nonconforming uses of land not involving a structure shall be abated within one year. 2. Nonconforming Use of Land Involving a Structure. In any district, the nonconforming uses of land wherein a structure is involved shall be discontinued within the following maximum time limits: a. A nonconforming use of land involving a structure shall be discontinued within (i) one year, or (ii) at the expiration of the term of a lease on the property, or (iii) at the expiration of any current operating license that is required by state law, whichever is earliest. Any such lease shall be the last lease entered into as to the subject land prior to December 7, 2007. b. The applicable amortization period for a residential care facility under this Section 20.62.090.A.2.a may be extended, upon application to the Director on a form prescribed by the same, under one or both of the following circumstances: i. When the owner or occupant has timely applied for a use permit or reasonable accommodation pursuant to Chapter 20.91A or Chapter 20.98 and is diligently pursuing that administrative process, as determined by the Director, ii. When the business owner or occupant is contractually obligated to continue the provision of a program or service for one or more persons so long as any such contract provides for a normal and customary term for the provision of those services. No such term shall exceed 60 days. Application for an extension under this Section 20.62.090.A.2.b is separate and apart from application for an extension under Section 20.62.090.8. A residential care facility may apply for an extension under either or both processes. Exception: Multi - Family Residential uses and Two - Family Residential uses located in Residential Districts (Chapter 20.10), and in areas where residential uses are provided for in Planned Community Districts or Specific Plan Districts, which are nonconforming only in terms of their density or parking or their use as Multi - Family Residential or Two - Family Residential shall not be subject to abatement. 11287.0005/1023046.1 53 i-I C. In nonresidential districts, and in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, the nonconforming use of land wherein a structure is involved shall be discontinued within ten years after the Planning Commission completes proceedings for the abatement of the use pursuant to Section 20.62.090.D. d. Notwithstanding the above, any maximum abatement periods specified in Planned Community Districts or Specific Plan Districts shall be as shown in the specific plan or development plan. Exception: No abatement period will be set for the use of a Landmark Building (see Section 20.62.060), which maybe changed, expanded, increased or intensified and structural alterations may be made subject to compliance with the provisions of Section 20.62.060. B. Extension of Abatement Period for Nonconforming Uses. 1. Purpos e. A property owner may request an extension of the abatement period to amortize the property owner's investment to avoid an unconstitutional taking of property. The City will evaluate evidence of economic hardship arising from abatement, the nonconformity's impact on the community, and other factors that may affect the length of the abatement period required to avoid an unconstitutional taking. 2. Application Requirements. Except as otherwise provided herein, the owner of property subject to an abatement period, or his authorized agent, may file an application for extension of the abatement period pursuant to this Subsection 20.62.090.B. no later than 90 days prior to the expiration of the abatement period set forth in this chapter. The application shall be filed in a manner consistent with the requirements contained in Chapter 20.90, and shall include the following additional information: a. The length of the requested extension of the abatement period. b. Evidence in support of the findings included in Section 20.62.090.C.4 below. 3. Notice and Hearing, Planning Commission Action. The Planning Commission shall review the application for an extension at a public hearing. Notice of the hearing shall be as specified in Chapter 20.91. Notice shall be provided to all owners and occupants of property within 300 feet of the property, as specified in Section 20.91.030.C. The Planning Commission, by resolution, shall approve, conditionally approve, or deny the request for a extension to the abatement period. The resolution shall include findings of fact, as required by Section 20.62.090.C.4 below. 11287.000511023046.1 54 GO 4. Findings. In reviewing an application for an extension to the abatement period, the Planning Commission shall grant an extension only as required to avoid an unconstitutional taking of property. The Planning Commission shall consider: a. The length of the abatement period in relation to the owner's investment in the use; b. The length of time the use was operating prior to the date of nonconformity; C. The suitability of the structure for an alternative use; d. Harm to the public if the use remains beyond the abatement period; e. The cost and feasibility of relocating the use to another site; and f. Other evidence relevant to the determination of whether an extension of the abatement period is required to avoid an unconstitutional taking of property. 5. Notice to Owner. The Secretary of the Planning Commission shall formally notify the owner of nonconforming properly of the action of the Commission by mailing the owner a copy of the resolution not later than 10 days following the date of its adoption by the Planning Commission. C. Establishment of Abatement Period in Nonresidential Districts. Planning Commission Action. Where the Planning Commission determines that the orderly termination of a nonconforming use in a nonresidential district, or in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, is necessary to promote the health, safety, and general welfare and to comply with the provisions of the Zoning Code and goals and policies of the General Plan, shall establish a ten -year abatement period pursuant to Subsection A.2. 2. Notice and Hearing. Notice and hearing shall be provided as specified in Subsection B above. D. Order of Abatement. 1. Order of Abatement. Whenever the Planning Director finds that any of the conditions set forth in Section 20.62.080.A exist, the Director shall immediately issue a written order of abatement and shall give notice given to the property owners and all persons in possession of the property. Unless the nonconformity has been previously abated, the owner and/or person in possession shall comply within the time and in the manner stated in the order. 11287.000511023046.1 55 i_q 2. Enforcement. The City shall be authorized to enforce the provisions of this Chapter by civil action, utilization of the procedures in Chapter 20.96, or any other proceeding or method permitted by law or equity. 20.62.100 Rights of Appeal A. Appeals. Decisions of the Planning Director or the Zoning Administrator may be appealed to the Planning Commission and decisions of the Planning Commission . may be appealed to the City Council. B. Procedures. Procedures for appeals shall be as prescribed by Chapter 20.95: Appeals." Section 15. Paragraph "C" of Section 20.90.030 (Application Filing) of Chapter 20.90 (Zoning Administration) of Title 20(Planning and Zoning) is hereby amended to read as follows: "C. Required Signatures. The owner, lessee, or agent of the owner of the property affected may make application for discretionary approvals. The application shall be signed by the owner of record or may be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. The applicant shall make a statement in writing that he or she certifies under penalty of perjury that all the information contained in the application is true and correct. False statements therein will constitute grounds for denial or revocation as applicable. Section 16. Chapter 20.91 (Use Permits and Variances) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: "Chapter 20.91 USE PERMITS AND VARIANCES Sections: 20.91.010 Purpose 20.91.015 Use Permit or Variance Requisite to Other Permits 20.91.020 Application for Use Permit or Variance 20.91.025 Duties of the Planning Director and the Planning Commission 20.91.030 Notice and Public Hearing 20,91.035 Required Findings 20.91.040 Conditions of Approval 20.91.045 Effective Date 20.91.050 Expiration, Time Extension, Violation, Discontinuance, and Revocation 11287.0005/1023046.1 56 `1. 20.91.055 Amendments and New Applications 20.91.060 Rights of Appeal 20.91.010 Purpose This article provides the flexibility in application of land use and development regulations necessary to achieve the purposes of this code by establishing procedures for approval, conditional approval, or disapproval of use permit and variance applications. Use permits are required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area. Variances are intended to resolve practical difficulties or unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site. Variances may be granted with respect to property development . regulations and performance standards, but do not extend to land use regulations. 20.91.015 Use Permit or Variance Requisite to Other Permits No building permit or certificate of occupancy shall be issued in any case where a use permit or variance is. required by the terms of this code unless and until such use permit or variance has been granted by the Planning Director or the Planning Commission or by the affirmative vote of the City Council on appeal or review and then only in accordance with the terms and conditions of the use permit or variance granted. 20.91.020 Application for Use Permit or Variance An application for a use permit or variance shall be filed in a manner consistent with the requirements contained in Chapter 20.90, Application Filing and Fees. If the application is for a use permit in a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the application shall be accompanied by the additional information specified in Chapter 20.91A. 20.91.025 Duties of the Planning Director and the Planning Commission A. Authority. The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits or variances, unless the authority for an administrative decision on a use permit is specifically assigned to the Planning Director in the individual chapters of this code. 11287.000511023046.1 57 -n % Exception. The City Council shall have final decision - making authority on the applications for use permits and variances filed concurrently with amendments to the general plan, zoning code, or a planned community development plan or with a development agreement. B. Rendering of Decision. After the conclusion of the hearing on any application for a use permit or variance, the Planning Commission shall render a decision within thirty -five (35) days. Where the authority for an administrative decision on a use permit is assigned to the Planning Director, the Planning Director shall render a decision within fourteen (14) days of the acceptance of a completed application. C. Report to the Planning Commission and City Council. The Planning Director shall report the discussion of the Planning Commission on a use permit or variance to the City Council at the next regular meeting or within 5 days of the decision, whichever occurs first. Upon rendering a decision on a use permit, the Planning Director shall report to the Planning Commission and the City Council at the next regular meeting or within 5 days of the decision, whichever occurs first. D. Notice of Decision. Upon the rendering of a decision on a use permit by the Planning Director, a notice of the decision shall be mailed to the applicant and all owners and occupants of property within 300 feet of the boundaries of the site. 20.91.030 Notice and Public Hearing A. Public Hearings. The Planning Commission shall hold a public hearing on an application for a use permit or variance. Public hearings are not required for applications where the authority for an administrative decision on a use permit is assigned to the Planning Director. B. Timing of Hearings. A public hearing shall be held on all use permit and variance applications, except as otherwise provided in this chapter, within sixty (60) days after the acceptance of a completed application. C. Required Notice. Notice of a public hearing or an administrative decision shall be given as follows: 1. Mailed or Delivered Notice. a. Residential Districts. At least 10 business days prior to the hearing or an administrative decision, notice shall be mailed to the applicant and all owners and occupants of property within 300 feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. 11287.0005/1023046.1 S8 b. Nonresidential Districts. At least 10 business days prior to the hearing or an administrative decision, notice shall be mailed to the applicant and all owners of property within 300 feet, excluding intervening rights -of -way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. C. Notice To Occupants. Notice to occupants shall be accomplished by mailing notice to each property address within 300 feet of the boundaries of the site with notice addressed to 'occupant." It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners and property addresses within 300 feet of the boundaries of the site as required by this section. 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 business days prior, to the hearing or the administrative decision. 3. Published Notice. Notice shall be published in at least one newspaper of general circulation within the City, at least 10 business days prior to the hearing. D. Contents of Notice. The notice of public hearing or of the decision of the Planning Director shall contain: A description of the location of the project site and the purpose of the application; 2. A statement of the time, place, and purpose of the public hearing or of the purpose of the administrative decision; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard at the public hearing or their rights of appeal in case of administrative decisions. E. Continuan ce. Upon the date set for a public hearing before the Planning Commission, the Planning Commission may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. 11287.0005/1023046.1 1A 20.91.035 Required Findings The Planning Commission or the Planning Director, as the case may be, shall approve or conditionally approve an application for a use permit or variance if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission or the Planning Director finds: A. For Use Permits. 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. 4. If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. B. For Variances. 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. 3. That the granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. 4. That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of 11287.0005/1023046.1 60 Pik persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. 20.91.040 Conditions of Approval The Planning Commission or the Planning Director, as the case may be, may impose such conditions in connection with the granting of a use permit or variance as they deem necessary to secure the purposes of this code and may require guarantees and evidence that such conditions are being or will be complied with, including but not limited to management and operations plans. Such conditions may include, but are not limited to, requirements for off -street parking facilities and prohibitions against assembly uses as determined in each case. 20.91.045 Effective Date Use permits and variances shall not become effective for fourteen (14) days after being granted, and in the event an appeal is filed or if the Planning Commission or the City Council shall exercise its right to review any such decision under the provisions of Chapter 20.95, the permit shall not become effective unless and until a decision granting the use permit, or variance is made by the Planning Commission or the City Council. 20.91.050 Expiration, Time Extension, Violation, Discontinuance, and Revocation A. Expiration. Any use permit or variance granted in accordance with the terms of this code shall expire within twenty -four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless: 1. A grading permit has been issued and grading has been substantially completed; or 2. A building permit has been issued and construction has commenced; or 3. A certificate of occupancy has been issued; or 4. The use is established; or 5. A time extension has been granted In cases where a coastal permit is required, the time period shall not begin until the effective date of approval of the coastal permit. B. Time Extension. The Planning Director may grant a time extension for a use permit or variance for a period or periods not to exceed three years. An application for a time extension shall be made in writing to the Planning Director 11287.0005/1023046.1 61 1e, no less than thirty (30) days or more than ninety (90) days prior to the expiration date. C. Violation of Terms. Any use permit or variance granted in accordance with the terms of this code may be revoked if any of the conditions or terms of such use permit, or variance are violated, or if any law or ordinance is violated in connection therewith. D. Discontinuance. A use permit or variance shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. E. Revocation. Except as otherwise provided for in this Title, procedures for revocation shall be as prescribed by Chapter 20.96: Enforcement. 20.91.055 Amendments and New Applications A. Amendments. A request for changes in conditions of approval of a use permit or variance or a change to plans that would affect a condition of approval shall be treated as a new application. The Planning Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval. B. New Applicatiosrs. If an application for a use permit or variance is disapproved, no new application for the same, or substantially the same, use permit or variance shall be filed within one year of the date of denial of the initial application unless the denial is made without prejudice. 20.91.060 Rights of Appeal A. Appeals. Decisions of the Planning Director may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. B. Procedures. Except as otherwise provided for in this Title, procedures for appeals shall be as prescribed by Chapter 20.95: Appeals." Section 17. A new Chapter 20.91 A entitled "Use Permits in Residential Districts" is hereby added to the Newport Beach Municipal Code to read as follows: "CHAPTER 20.91A USE PERMITS IN RESIDENTIAL DISTRICTS 11287.0005/1023046.1 62 1 i_ Sections: 20.91A.010 Purpose 20.91A.020 Use Limits to Continue Nonconforming Use 20.91A.030 Application Contents 20.91A.040 Development and Operational Regulations 20.91A.050 Required Findings 20.91A.010 Purpose. The purpose of this Chapter is as follows: A. To promote the public health, safety, and welfare and to implement the goals and policies of the Newport Beach General Plan by ensuring that conditional uses in residential neighborhoods do not change the character of such neighborhoods as primarily residential communities. B. To protect and implement the recovery and residential integration of the disabled, including those receiving treatment and counseling in connection with dependency recovery. In doing so, the City seeks to avoid the overconcentration of residential care facilities so that such facilities are reasonably dispersed throughout the community and are not congregated or overconcentrated in any particular area so as to institutionalize that area. 20.91A.020 Use Permits To Continue Nonconforming Use Any person whose use of property in a residential district has been rendered nonconforming by passage of the Ordinance adding this Chapter 20.91A may seek the issuance of a conditional use permit to continue the use so long as the application for that permit is completed and filed within ninety (90) days following the effective date of that Ordinance. If any such person fails to file such an application fbf a conditional use permit within said ninety (90) day period, such a permit to continue the use may not be sought or issued. 20.91A.030 Application Contents In addition to the application requirements contained in Chapter 20.90, an application for a use permit in a Residential District (Chapter 20.10), or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, shall contain the following information: A. Facility Users. Number and types of users of the facility (including staff, clients, visitors, students, etc., as appropriate). B. Characteristics of Proposed Use. Hours of operation, types of activities, and typical attendance at activities. 11267.000511023046.1 63 C. Transportation and Parking. Expected parking demand and vehicular use; availability of public transportation or other means to transport facility users; if applicable, routes utilized to transport facility users off -site. D. Location Map. A location map showing all conditional uses within three blocks, including property addresses and a site plan showing uses and structures on adjacent parcels. E. Similar Uses. A list of other uses of the same type located in the City and the authorized capacity of such use, if any, as determined by a third party entity. The applicant shall provide evidence of the need for such use by the residents of the City based on published sources. The city may complete an independent review of this data, at the applicant's expense, to determine whether there is a need for such use by its residents. F. Applicant Information. The name and address of the applicant, including the name and address of the lessee, if the property is to be leased and is someone other than the applicant; and the name and address of the owner of the property for which a use permit is requested. If the applicant and/or lessee or owner is a partnership, corporation, firm or association, then the applicantllessee shall provide the additional names and addresses as follows and such persons shall also sign the application: (i) every general partner of the partnership; (ii) every owner with a controlling interest in the corporation; or (iii) the person designated by the officers of a corporation as set forth in a resolution of the corporation that is be designated as the permit holder for the use permit. G. License and Permit Historv. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit has had such license and/or permit revoked or suspended, and the reason therefore. H. Similar Facilities. A list of addresses of all facilities similar to that for which a use permit is requested in the State of California owned or operated by the applicant(s) within the past five (5) years and whether such facilities have been found by state or local authorities to be operating in violation of state or local law. I. Operations and Management Plan. An operations and management plan to ensure compliance with state and local law. If the use permit is for a residential facility or a commercial facility that accommodates overnight stays, the operations and management plan shall also indicate the number of persons pet bedroom, maximum number of occupants, typical length of stay, any guest or client rules of conduct and procedures for the disposal, if any, of medical waste. 20.91A.040. Approval; Modification or Revocation of Use Permit A Hearing Officer, as defined in Section 20.03.030, is hereby designated to approve, conditionally approve or disapprove applications for use permits, and the modification or revocation thereof, in accordance with the procedures set forth in Chapter 20.91. Decisions of. 11287.0005/1023046.1 64 nn the Hearing Officer may be appealed to the City Council. Notwithstanding Section 20.95.060, the standard of review shall not be de novo and the City Council shall determine whether the findings made by the Hearing Officer are supported by substantial evidence presented during the evidentiary hearing. The City Council acting as the appellate body may sustain, reverse or modify the decision of the Hearing Officer or remand the matter for further consideration, which remand shall include either specific issues to be considered or a direction for a de novo hearing. 20.91A.050 Development and Operational Standards The following standards are applicable to uses granted a use permit under this Chapter. A. No staff, clients, guests, or any other users of the facility may smoke in an area from which the second hand smoke may be detected on any parcel other than the parcel upon which the facility is located. B. Management and Operation. The property shall be operated in compliance with applicable state and local law and in conformance with the management and operating plan and rules of conduct submitted as part of the application for a use permit or as set forth in the conditions of approval for a use permit. Each such plan shall provide a phone number by which the operator may be contacted at all times. If applicable, the permittee shall comply with the business license provisions of Title 5 of this Code. C. In order to ensure that nonlicensed residential care facilities (small or general) are operating in a manner that is consistent with state and federal law and established industry standards and to ensure that operators do not have a pattern or practice of operating similar facilities in violation of state or local law, the standards listed below shall apply: 1. If the facility is not be required to be licensed by the State of California, owners, managers, operators, and residents shall not provide any services onsite, which would require licensure of the facility under California law. 2. There shall be no more than two residents per bedroom plus one additional resident. Notwithstanding, upon request by the applicant for additional occupancy, the hearing officer has discretion to set occupancy limits based upon the evidence provided by the applicant that additional occupancy is appropriate at the site. In determining whether to set a different occupancy limit, the Hearing Officer shall consider the characteristics of the structure, whether there will be an impact on traffic and parking and whether the public health, safety, peace, comfort, or welfare of persons residing in the facility or adjacent to the facility will be impacted. 3. If certification specific to the type of facility is available from a governmental agency or qualified nonprofit organization, the facility shall receive such certification including, without limitation, certification by Orange County under its Adult Alcohol and Drug Sober Living Facilities Certification Program. 4. The names of all persons and entities with an ownership or leasehold interest in the facility, or who will participate in operation of the facility, shall be disclosed in writing to the City, and such persons and entities shall not have.a demonstrated pattern or practice of operating similar facilities in or out of the City of Newport Beach in violation of state or local law. 11287.000511023046.1 65 -,a 5. The operator of the residential facility shall provide a list of the addresses of all similar facilities in the State of California owned or operated by the operator within the past five (5) years and shall certify under penalty of perjury that none of such facilities have been found by state or local authorities to be operating in violation of state or local law. The Zoning Administrator shall verify such information. 20.91A.060 Findings In addition to the findings required by Section 20.91.035, the Hearing Officer shall make the following findings before approving or conditionally approving an application for a use pernrit in a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts: ......... _.. A. The use conforms to all applicable provisions of Section 20.91 A.050. B. The project includes sufficient on -site parking for the use, and traffic and transportation impacts have been mitigated to a level of insignificance. C. The property and existing structures are physically suited to accommodate the use. D. The use will be compatible with the character of the surrounding neighborhood, and the addition or continued maintenance of the use will not contribute to changing the residential character of the neighborhood, such as creating an overconcentration of residential care uses in the vicinity of the proposed use. In making this finding or sustaining such a finding, the Hearing Officer and/or City Council shall consider, as appropriate, the following factors: 1. The proximity of the use location to schools, parks, other residential care facilities, outlets for alcoholic beverages and any other uses which could be affected by or affect the operation of the subject care facility; 2. The existence of substandard physical characteristics of the area in which the use is located such as lot widths, setbacks, narrow streets, limited available parking, short blocks, and other substandard characteristics which are pervasive in certain areas of the City of Newport Beach, including portions of West Newport, Lido Isle, Balboa Peninsula, Balboa Island, Corona Del Mar and Newport Heights, which portions were depicted on a map referred to as the Nonstandard Subdivision Area presented to the Newport Beach Planning Commission on September 20, 2007 and on file with the Director of Planning; and Whether, in light of the factors applied in subsections.20.91A Dl and D2, it would be appropriate to apply the American Planning Association standard of permitting one or two such uses per block. In recognition that median block lengths in different areas of Newport Beach widely range from 300 feet in non - standard subdivision areas to as much as 1,422 feet in standard subdivision areas, the Hearing Officer shall apply the 11287.0005/1023046.1 66 an American Planning Association standard in all areas of Newport Beach in a manner which eliminates the differences in block lengths. In making such determination, the hearing officer shall be guided by median block lengths in standard subdivisions of the City. The Hearing Officer shall retain the discretion to apply any degree of separation of uses, which he or she deems appropriate in any given case. A copy of the American Planning Association standard is on file with the Director of Planning. E. The operation of buses and vans to transport residents to and from off-site activities does not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding area. F. Arangements for delivery of goods are made within the hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. G. Arrangements for commercial trash collection in excess of usual residential collection are made within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. In approving or conditionally approving an application for a use permit, the Hearing Officer may impose conditions which are suitable to assure compatibility of the proposed use with all other uses in the vicinity. Section 18. Paragraph "E" of Section 20.96.040 (Revocation of Discretionary Permits) of Chapter 20.96 (Enforcement) of Title 20 (Planning and Zoning) is hereby amended to read as follows: "E. Required Findings. The person or body conducting the hearing shall revoke the permit upon making one or more of the following findings: 1. That the permit was issued on the basis of erroneous or misleading information or misrepresentation; 2. That the applicant has made a false or misleading statement of a material fact, or an omission of a material fact in the application for the permit. 3. That the terms of conditions of approval of the permit have been violated or that other laws or regulations have been violated; 4. That there has been a discontinuance of the exercise or the entitlement granted by the permit for one hundred eighty (180) consecutive days. 11287.000511023048.1 67 n, Section 19. A new Chapter 20.98 entitled "Reasonable Accommodation" is hereby added to the Newport Beach Municipal Code to read as follows: "Chapter 20.98 Reasonable Accommodation Sections: 20.98.010 Purpose. 20.98.015 Review Authority. 20.98.020 Application for a Reasonable Accommodation. 20.98.025 Decision. 20.98.030 Expiration, Time Extension, Violation, Discontinuance, and Revocation. 20.98.035 Amendments. 20.98.010 Purpose In accordance with federal and state fair housing laws, it is the purpose of this Chapter to provide reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. 20.98.015 Review Authority The Hearing Officer, as defined in Section 20.03.030, , is hereby designated to approve, conditionally approve, or deny all applications for a reasonable accommodation. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then an applicant may request that the Hearing Officer hear the request for a reasonable accommodation at the same time as the other discretionary permit or approval. If the applicant does not request a simultaneous hearing, then the request for a reasonable accommodation shall not be heard until after a final administrative decision has been made regarding the other discretionary permit or approval. 20.98.020 Application for Reasonable Accommodation A. Annlicant A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability. 11287.000511023046.1 68 A-) B. Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form provided by the Planning Department. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. C. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. D. Required Submittals. In addition to materials required under other applicable provisions of this Code, an application for reasonable accommodation shall include the following: 1. Documentation that the applicant is: (i) an individual with a disability; (ii) applying on behalf of one or more individuals with a disability, or (iii) a developer or provider of housing for one or more individuals with a disability. 2. The specific exception or modification to the Zoning Code provision, policy, or practices requested by the applicant. 3. Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence. 4. Any other information that the Planning Director reasonably concludes is necessary to determine whether the findings required by Section 20.98.025.13 can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected. 20.98.025 Decision A. Hearing Officer .Action. The Hearing Officer shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with Section 20.98.025.13 The reasonable accommodation request shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed for any other discretionary permit provided that notwithstanding Section 20.95.060, the standard of review shall not be de novo and the City Council shall determine whether the findings made by the Hearing Officer are supported by substantial evidence presented during the evidentiary hearing. The City Council, acting as the appellate body, may sustain, reverse or modify the decision of the Hearing Officer or remand the matter for further consideration, which remand shall include specific issues to be considered or a direction for a de novo hearing. B. Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, which are required for approval: 11287.000511023046.1 69 I. The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws. 2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. 3. The requested accommodation will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law; and 4. The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in fair housing laws and interpretive case law. 5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. In making these findings, the decision -maker may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant. C. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. I. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. 2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. 3. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants. 4. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. D. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program. Whether the requested accommodation would fundamentally alter the character of the neighborhood. 2. Whether the accommodation would result in a substantial increase in traffic or insufficient parking. 77287.0005/7023040.7 70 21A Whether granting the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable Specific Plan. 4. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. E. Coastal Zone Properties. For housing located in the Coastal Zone, a request for reasonable accommodation under this section may be approved by the City if it is consistent with the requisite findings set forth in 20.98.025.B, with Chapter 3 of the California Coastal Act of 1976, and with the Interpretative Guidelines for Coastal Planning and Permits as established by the California Coastal Commission dated February 11, 1977, and any subsequent amendments, and the Local Coastal Program. F. Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. G. Effective Date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the City Council on such appeal, under the provisions of Chapter 20.95. 20.98.030 Expiration, Time Extension, Violation, Discontinuance, and Revocation A. Expiration. Any reasonable accommodation approved in accordance with the terms of this Chapter shall expire within twenty -four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless: 1. A building permit has been issued and construction has commenced; 2. A certificate of occupancy has been issued; 3. The use is established; or 4. A time extension has been granted. In cases where a coastal permit is required, the time period shall not begin until the effective date of approval of the coastal permit. B. Time Extension. The Hearing Officer may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed three years. An application for a time extension shall be made in writing to the Zoning Administrator no less than thirty (30) days or more than ninety (90) days prior to the expiration date. 11287.000511023046.1 71 .Or C. Notice. Notice of the Hearing Officer's decision on a time extension shall be provided as specified in Section 20.91.030.C. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth in Paragraph D below. D. Anneal of Determination. A time extension for a reasonable accommodation shall be final unless appealed to the City Council within 14 calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Chapter 20.95 of this Code. E. Violation of Terms. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. F. Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the Zoning Administrator determines that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Code, and (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The Zoning Administrator may request the applicant or his or her successor -in- interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten (10) days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. G. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96: Enforcement. 20.98.035 Amendments A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The Zoning Administrator may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval." Section 19. Paragraph "A" of Section 5.95.010 (definitions) of Chapter 5.95 (Short Term Lodging Permit" of the Newport Beach Municipal Code is hereby amended to read as follows: 11287.000511023046.1 72 hr "A. "Lodging unit" or "unit' shall mean "dwelling unit" as that term is defined in Section 20.03.030 of this Code where the dwelling unit or residence, including the bedroom, kitchen and bath, is rented or leased to a person or group of persons living as a single housekeeping unit." Section 20. Ordinance No. 2007 -16 passed by this Council on October 17, 2007 and each and every provision contained therein hereby are repealed, provided, however, that said repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this ordinance. Section 21. Severability . If any provision or clause of this ordinance or the application thereof is held unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application, and it being hereby expressly hereby declared that this ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, adopted, and/or ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, and/or phrases be declared invalid or unconstitutional. Section 22. 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 within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of January, 2008 and adopted on the _ day of January 2008, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMEERS ABSENT, COUNCILNiEMBERS MAYOR 11287.000511023046.1 73 ATTEST: CITY CLERK 11267.000511023046.1 74 Attachment B Nonstandard Subdivision Area ®'n ' Nonstandard Subdivision Area MAP 20.91 A nonstandard subdivision areas.mxd Januaryf2IX)8 e ` Q 7 III Attachment C 2 -Page Flow Chart (Parts 1 and 2) How the Process Would Work am if*6IIIIIIIII IJ How Proposed Group Residential Use Ordinances Would Work (Part 1) City of Newport Beach — January 8; 2008 USE MUST BE ABATEvD ' Abatement of use regwred vnthm it yeanof ONlnance's g ° - . egecbve date, e What Is'TreslmeaP'acwrdin to ADP. EXplmliOh ptresixential lease. • Detoxification a • f�on I Counseling ° Expiration of'ADP license • Gmup Counseling whichever is'iearher. • Development of Treatment Plan • Educational Sessions Is the k. facility hg NO or s Proposedosed? PROPOSED What is the zoning for the property? R -1. R-1.5. or R -2 If the residents . are a protected (disabled) class under FHHA.:they are entitled to ask for Reasonable Accommodation Persons in recovery area pmtected.class: vww .usdoj.gov /cWada /l3hilght.htm DOESN'T APPLY Must apply for a Use Permit by May 20, 2008 APPLIES. for UP' Must apply for a MFR Use Permit ASKS FOR BUT TIME I EXTENSION Applicant can ask for a Time Extension or Reasonable Accommodollon from Abatement l DOESN'TASK — L DENIED i ASKS FOR REASONABLE ACCOMMODATION GRANTED Can be subject to findings and conditions similar to Use Permit Conditions. It How Proposed Group Residential Use Ordinances Would Work (Part 2) City of Newport Beach — January 8; 2008 May: • Testify as to past impacts. • Support or oppose the application. • Speak to specific: concerns. • Ask questions of applicant or CiN: APPLICANT • Presents application contents. ( §20.91A.030). • Answers.Chy's. public's and Hearing Officer's. questions. CITY ' Reports to Officer as to: • Issues within application. -� HEARING OFFICER Hearing Officer will review the application at the Public Hearing to determine if these Development and Operational Standards ( §20.91A.050). are . met: • No 2n' hand smoke • Management Plan • No treatment offered in unlicensed facilities: • 2 residents per bedroom +l • Proper certifications Names of owners /managers and persons cannot have violations) • List of similar managed facilities in the slate. APPROVES OR DENIES - - -- 1 DENIES I I I t APPROVES OR CONDITIONALLY APPROVED 9 J CITY COUNCIL Reviews the application In an :appellate manner and can- - Offer new conditions and approve' or • Sustain the HO's denial of the Use Permit. RESIDENTS May: • Testify as to past impacts. • Support or oppose the application. • Speak to specific: concerns. • Ask questions of applicant or CiN: APPLICANT • Presents application contents. ( §20.91A.030). • Answers.Chy's. public's and Hearing Officer's. questions. CITY ' Reports to Officer as to: • Issues within application. -� HEARING OFFICER Hearing Officer will review the application at the Public Hearing to determine if these Development and Operational Standards ( §20.91A.050). are . met: • No 2n' hand smoke • Management Plan • No treatment offered in unlicensed facilities: • 2 residents per bedroom +l • Proper certifications Names of owners /managers and persons cannot have violations) • List of similar managed facilities in the slate. APPROVES OR DENIES - - -- 1 DENIES I I I t APPROVES OR CONDITIONALLY APPROVED 9 J Attachment D Summary of Responses to Recent Comments � B • • B 4 aY Y aiY :. f _._._ Concerned Citizens of Newport Beach findudinn n flharmann f: Vnller ..Ih...rt Delete the concept of an inventory of legal non - conforming pro erties. Agreed and deleted. Ensure that Hearing Officers are well -qualified. Agreed. Definition is in 20.03.030. Ensure that Hearing Officers are not City staff members. A reed. Definition is in 20.03.030. Call the Nonstandard Subdivision Map a Nonstandard Subdivision Zone or Area Agreed — called an Area now 20.91A.060.D.3 . Reasonable Accommodation process should mirror the Use Permit rocess. General) a reed - see 20.98 et se . include conce t of Inte ral Facilities, Inte ral Uses and broadly define. A reed. Definition is in 20.03.030. Set forth a "Planning -based plan" to eliminate overconcentration. Ci and RWG believe concept is lannin based. 180da abatement period instead of 1 ear. RWG believes 1 ear is a ro riate. Require distancing of 1,000' between Group Residential Uses and distancing of 1,000' from parks, schools, bars, etc. Not included — believed to be facially discriminatory. RWG believes that the APA standard, and language stating facts about standard block lengths in NB, can result in Hearing Officer's decision to apply a standard larger than 1000' in some areas ( 20.91A.060.D.3). Abate all existin unlicensed facilities. Not included — believed to be facial) discriminato Set forth a cap of beds/facilities ide. Not included — believed to be facially discriminato Planning Commissioner Eaton Clar that Hearing Officers can make decisions within NBMC 1.08.055. Addressed within ro osed ordinance 20.91A.040 . Align Use Permit process such that Hearing Officers, not Planning Commission, make the determinations. Addressed within proposed ordinance ( §20.91A.060). Align abatement process such that Hearing Officers, not Planning Director, make the Director still makes determinations, but Time Extension determinations. authorized by Planning Commission at noticed public hearing Ensure that the definition of "block" includes cul-de -sacs, other t ical NB blocks. 20.62.090.6 . Council Member Henn Delete the conce t of an invento of le al non- conformin properties. A reed - deleted. Better al' n/clarify the timeline for existing facilities to a py for Use Permits. A reed and addressed. Where a ro riate within the Hearin Officer's uidelines, change "ma " to "shall." A reed and addressed 20.91 A.060.A -G Shorten to 30 days (from 90) the time for existing facilities to apply for a Use Permit. RWG believes 90 da s is a ro riate 20.91A.020 Address distancing. Addressed 20.91A.060.D.3. Ensure that the definition of "block" includes cul-de -sacs, other t ical NB blocks. A reed and addressed 20.03.030 . Add "directly or indirectly" in the definitions of Integral Facilities and Integral Uses. RWG believes current definition ( 20.03.030) is appropriate. Attachment D Page 1 :J't Mr.Zlotsky NB should align Itself with City of Oceanslde's 1,000' distancing. Confirmed that City of Oceanside does not have distancing between Group Residential Uses Mr.Md Van Den Bossche Adopt ADP's treatment definitions by reference in NBMC. RWG believes that this is not necessary, because State law is clear on the definitions. Make abatement and Use Permit timelines "less ambiguous." Revisions attempted to do this. Can applicants apply both for a Use Permit and Reasonable Accommodation? Yes they can — some may do this. Add a declaratory statement for the applicant to state that they have not violated any State or local laws, where settlements have occurred etc. Agreed. Clarify who fills out application — operator v. property owner. Agreed — see Section 15 of the ordinance. Apply 1,000' distancing standard. Not included — believed to be facially discriminatory, Include Hearing Officer qualifications in ordinance. Defined in part in 20.03.030 Submit photocopies of CA drivers licenses with application. Discriminatory - not applied to other City use permits. Add "directly or indlrecti " in the definitions of Integral Facilities and Integral Uses. RWG believes definition 20.03.030 is appropriate. Ensure that the expiration of any lease, not just "residential" lease, is an endpoint under the Abatement sections. Agreed 0.62.090.A.2.a). (§ reed 2 Inclusion of Inventory plus timellne for UP application is confusing. Agreed and deleted inventory. Have Hearing Officer review Extensions of Abatement Timeline, not PC. PC remains body that reviews Abatement extensions via noticed public hearing (§20.62.090.B). Have accounting firm review financial information submitted by applicants. No financial information is requested (see §20.91A.030) — such a request is not asked of other UP applicants. Add financial penalties for failure to abate within time period. Penalties exist today, both dollars and jail time (§20.96.020). Are there too many "layers of appeal7' RWG believes Use Permit and Reasonable Accommodation appeal process (HO — City Council) is appropriate. lCity needs to know where parolees and probationers are residing, State law governs this. Attachment D Page 2 �Urran (Ensure that HO applies parking standards to Group Residential Uses Agreed and included within ordinance ( §20.91A.060.B). commensurate with parking needs of home's staff, residents, visitors. Mr. Robert Rush Address "reverse discrimination" because non -group residential uses are losing propert RWG believes current language in 20.98 is value. y § appropriate. Require operators to present a plan (arid adhere to it) re: blo -waste IAgreed and addressed (§20.91A.0301). Carlo Isle Community Association General opposition to overconcentration of group residential uses. Require registration of all group residential uses. Use Permits, business tax certificates, ADP licensing allows City to know adequate information about each use. . Not included — believed to be facially discriminatory. RWG Provide distancing of 1,000' between Group Residential Uses and distancing of believes that the APA standard, and language stating facts 1,000' from parks, schools, bars, etc. about standard block lengths in NB, can result in Hearing Officer's decision to apply a standard larger than 1000' in some areas ( §20.91A.060.D.3). No new facilities in specific ("overconcentrated ") neighborhoods. All uses except ADP 6 and Unders (stand - alone) prohibited in all but MFR see multiple sections). Define integral facilities. Agreed. Definition is in. 20.03.030. All uses except ADP 6 and Unders (stand - alone) prohibited in No probationer-parolee homes. all but MFR see multiple sections). Include a Use Permit process for existing and pro osed facilities. Agreed. Definition is in 20.03.030. Include reasonable accommodation within Use Permit cess. ro Agreed. Process is in Chapter 20.98. Provide notice of Public Hearing to all ownersloccupants within 300' of a proposed Agreed (see §20.91.030A.1.a, §20.62.0908.3, and faculty. §20.98.025.A Abatement should not exceed 180 days. RWG believes 1 year is appropriate. Enforce codes strictly. Agreed. Attachment D Page 3 A 1 Mr. David Diamond Add "directly or indirectly' in the definitions of Integral Facilities and Integral Uses RWG believes current definition is appropriate. I Formally set forth distancing standards that Hearing Officer can consider. Hearing officer can consider typical NB block length outside of Nonstandard Subdivision Area (§20.91A.060 D.3) Balboa Peninsula Point Association Same issues raised by LICA, except: See LICA comments on Page 3. Consider short-term lodgings and boarding houses as Group Residential Uses. Boarding houses are prohibited in all City residential zones today. STLPs not addressed. Do not issue any more Short-Term Lodging Permits in "dense" residential areas. Not addressed within this ordinance. Central NewDort Beach Association Same issues raised by LICA, and: See LICA comments on Page 3. I "adopt ordinances that regulate to the greatest extent..." RWG believes that the ordinance regulates to the extent allowed by the Fair Housing Laws. tseacn ised by Mr. Vnly allow rehab home residents to take tenancy in an NB home If they have lived in N6 for a earbeforehand. Not included -- believed to be facially discriminatory. Attachment D Page 4 PUBLIC HEARING GROUP RESIDENTIAL USE ORDINANCE NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing concerning the proposed adoption of a new ordinance applying to Group Residential and related uses citywide, including specific plan districts. The ordinance affects: 1. Proposals impacting uses in residential zones and specific plan districts including proposed licensed treatment facilities and proposed unlicensed "sober living" facilities in the City's R -1, R -1.5, R -2, and MFR zones, by prohibiting all but stand -alone ADP - licensed "6 and Under" treatment facilities in zones R -1, R -1.5, R -2, and MFR and allowing new stand -alone unlicensed "sober living" facilities with a Use Permit only in MFR. 2. Defining "integral facilities" and "integral uses" citywide as such integration relates to Group Residential Uses, thus enabling the City to regulate larger, integrated facilities with Use Permits or by excluding them from certain zones. 3. Establishing and describing a Use Permit process for considering the continuation of certain existing Residential Uses rendered nonconforming by the ordinance in R, R -1.5 and R -2 zones. 4. Setting forth application requirements and conditions for a Hearing Officer to consider when reviewing Use Permit applications for Group Residential Uses in the City. 5. Setting forth an appeal procedure of the Hearing Officer's determination. 6. Setting forth a path of Reasonable Accommodation from the City's regulations on Group Residential Uses when such regulations affect persons with disabilities who may not be able to secure housing because of the City's regulations; and 7. Other actions described in the proposed ordinance. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on January 8, 2008, at the hour of 7:00 p.m. in the Council Chambers (Building A) of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. For information call (949) 644- 3002 or e-mail dldff@city.newport- beach.ca.us. Staff reports, the draft ordinance, and related materials will be available not later than Friday, January 4, 2008 on the City's website at www. city. newport - beach.ca.us. Written comments are welcomed so using the City's website. (A'Vonnek Harkless, City Clerk City of Newport Beach Cary D. Lowe Attorney at Law 3517 GARRISON STREET SAN DiECA, CALIFORNIA 92106 (619) 255 -3078 FACSIMILE(619)501-4194 carylowe@cox.net January 3, 2008 Mayor and Members of the City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -89 i 5 "RECEIV D AFTER A EN A — Ef d�dTED.- 10 l 200 ,, Re: Zoning Code Amendment on Group Residential Uses Honorable Mayor and Members of the City Council: I represent WREC Lido Venture LLC, the owner of the property located at 3355 Via Lido in the City of Newport Beach. We are contacting you with regard to the apparently inadvertent, but extremely serious, ramifications for our property, arising from certain provisions of the proposed Zoning Code amendment dealing with regulation of group homes. We understand that this proposal will be before you for a public hearing and possible action on January 8, 2008. We are aware of the serious concerns which underlie your consideration of this amendment, and support the City's efforts to address the problems associated with group homes in residential neighborhoods. However; in seeking to regulate those uses more effectively, you are in danger of causing certain properties which have nothing to do with the problem in question to be caught up unnecessarily and unfairly in a new body of regulation, to the great detriment of the owners. The most notable example is our building at 3355 Via Lido, a three -story commercial office building at the periphery of an area which was designated as RM (Multiple Residential) in the new General Plan and which therefore is expected to be given a zoning designation of MFR (Multifamily Residential) when the zoning is brought into conformance with the General. Plan. A similar property under a different ownership, located across the street at 3366 Via Lido, is in the same situation. As properties which have been used for commercial office purposes for decades, these buildings have no conceivable connection to.the.problems the City is seeking to address with the pending code changes. Yet, simply because their locations are being redesignated for residential use, thereby making the current use non - conforming, they would be subject to a requirement that the long -time use be abated within as little as one year. They also would lose the protections of due process of law contained in the current Zoning Code, allowing such a use to continue so long as it was not found to constitute a threat to the public health, safety or welfare. WREC.NB.Corc.CV(ZoningAbate l=n 010308 Mayor and Members of the City Council City of Newport Beach January 3, 2008 Page 2 Since there is no reasonable means for converting the buildings to any other use, abatement effectively requires abandonment of the buildings, or demolition and reconstruction for a residential use. We recognize that the proposed code changes include a provision which allows a property owner to seek a permit for continuation of the use, but only under narrow conditions for which our building does not qualify. Similarly, we recognize that the proposal allows an owner to request an extension of the abatement period where the effect on their property constitutes an unconstitutional taking, but that process is subjective and discretionary, and leaves the buildings in question in a completely uncertain status in the meantime, making it effectively impossible to enter into new leases, arrange new financing or undertake capital improvements. We request, instead, that you consider maintaining the current zoning provisions pertaining to abatement of non - conforming uses, as they apply to properties such as ours. Alternatively, we request that you exempt properties such as ours in some other way from the effect of the proposed code changes, e.g., by having the amendments not apply to the multi- family residential zone or by excluding buildings currently in commercial use. If neither of those options is acceptable, we request that you commit to working with us to modify the Zoning Ordinance to allow uses such as ours in the multi - family zone, thereby eliminating our non - conforming status. That could be done in the context of the zoning conformance which the City is undertaking in conjunction with the new General Plan. These concerns were raised at the Planning Commission hearing on the proposed ordinance, and the Commissioners, as part of their recommendation to you, urged that our issue be addressed in the final version of the proposed amendment. We also have discussed the situation in detail with both Assistant City Manager David Kiff and Special Counsel James Markman, and both have indicated a desire to ameliorate our situation. We plan to attend the upcoming Council meeting, and will be pleased to discuss our concerns with you in further detail. Thank you for your consideration. Respectfully, /Z CDLah Cary D. Lowe cc: David Kiff, Assistant City Manager, City of Newport Beach James Markham,,Esq., Richards Watson & Gershon Robert Hawley, Development Director, Wasserman Real Estate Capital Richard Seges, Vice President, Wasserman Real Estate Capital Charles Rogers, General Counsel, Wasserman Real Estate Capital WRFC.NB.Cou.CCtZ ingAbamnm).0103og Group Residential Uses Introduction /First Reading Proposed New City Ordinance Newport Beach City Council Tuesday, January 8t", 2008 City Council Study Session What we will cover • Brief Summary of Actions to Date • How the Process Would Work . Flow Chart • How Public Comments were Addressed • Some Suggested Changes Tonight • Timeline Going Forward • For More Information Summary of Actions to Date ■ In January 2007, City Council formed the Council - Citizens Committee on Intense Residential Occupancies (IROC) which met three times. ■ In March 2007, the City convened a conference in Newport Beach to assist our city and other municipalities to better understand State and Federal law relating to Group Residential Uses. More than 300 persons from over 90 cities attended. ■ The City testified in Sacramento in support of SB 1000 (Harman, 2007) to allow localities to better regulate group residential uses. SB 1000 also would have defined "integral facilities" within State law. SB 1000 failed. Summary of Actions to Date ■ On April 24, 2007, Council adopted Ordinance No. 2007- 8 imposing a Temporary Moratorium on the establishment and operation of new group residential uses (continued Moratorium May 30th and Oct 17, 20074 • In August and September 2007, the Newport Beach Planning Commission held two public hearings on proposed a new ordinance that would regulate Group Residential Uses. The PC forwarded its recommendation on the draft ordinance to the City Council at the PC's September 20, 2007 meeting. • In late September 2007, the City Council hired special counsel Richards Watson Gershon. Summary of Actions to Date • In November 20071 the City filed lawsuits against two operators (Morningside Recovery and Pacific Shores Recovery) to stop alleged violations of the Moratorium. • In December 2007, the City successfully prosecuted its citation of a property owner during an Administrative Hearing. The property owner of 911 East Balboa claimed that she was operating a sober living facility, while the City asserted that she was illegally operating a boarding house in a residential zone. ■ On December 11 and December 18 2007, the City Council held public meetings to discuss the proposed new Group Residential Use ordinance. How the Process will Work START: Is the facsi stand -alone ADP-licensed treatment facility serving 6 or fewer people? YES City must treat the home as the 'I city treats any other single family home. CA H&S c do, , "75?4.22' USE PROHIBITED New group residential uses other than stand -alone licensed "6 and Unders" are prohibited in R -1, R -1.5, and R -2 * SOME ARE INELIGIBLE TO GET USE PERMITS These include: • Facilities operating illegally today, like without required FEP. *Facilities that opened during the Moratorium USE NOW SUBJECT TO Is the facility CONDITIONS" NO Existing or is it EXISTING Applicants must Proposed? apply for a Use Permit by May 20, 2008 SED tz=ing USE SUBJECT TO s the MFR CONDITIONS or the Applicants must property? apply for a Use Permit R -1, R -1.5, or R -2 USE PROHIBITED New group residential uses other than stand -alone licensed "6 and Unders" are prohibited in R -1, R -1.5, and R -2 * SOME ARE INELIGIBLE TO GET USE PERMITS These include: • Facilities operating illegally today, like without required FEP. *Facilities that opened during the Moratorium How the Process will Work USE NOW SUBJECT TO CONDITIONS Applicants must apply for a Use Permit by May 20, 2008 DOESN'T APPLY FOR UP or ISN'T ELIGIBLE TO APPLY APPLIES USE MUST BE ABATED Abatement of use required by February 21, 2009, or: ■Expiration of residential lease; -Expiration of ADP license ... whichever is earlier. Applicant can ask for a Time Extension or Reasonable Accommodation from Abatement RESIDENTS May: -Testify as to past impacts. -Support or oppose the application. -Speak to specific concerns. -Ask questions of applicant or City. APPLICANT -Presents application contents; -Answers City's, public's and Hearing Officer's questions. CITY Reports to Officer as to: -issues within application. -Past practices of applicant, including violations (State and local). -Other facilities nearby. -Other relevant issues. How the Process will Work ENFORCEMENT OF PERMIT CONDITIONS City's Code & Water Quality Enforcement Division enforces Conditions of Approval. UP can be revoked if conditions are not met ( §20.96.040.E). Nonstandard Subdivision Area How Comments Addressed Concerned Citizens of Newport Beach (including D Obermann, C Koller, others) Delete the concept of an inventory of legal non - conforming Agreed and deleted. properties. Ensure that Hearing Officers are well-qualified. A reed. Definition is in 20.03.030. Ensure that Hearing Officers are not City staff members. A reed. Definition is in 20.03.030. Call the Nonstandard Subdivision Map a Nonstandard Subdivision Agreed -- called an Area now ( §20.91A.060.D.3). Zone or Area Reasonable Accommodation process should mirror the Use Permit Generally agreed - see §20.98 et seq. process. Include concept of Integral Facilities, Integral Uses and broadly Agreed. Definition is in §20.03.030. define. Set forth a "Planning -based plan" to eliminate overconcentration. City and RWG believe concept is planning- based. 180-day abatement period instead of 1 year. RWG believes 1 year is appropriate. Not included — believed to be facially discriminatory. RWG believes that the APA standard, and language Require distancing of 1,000' between Group Residential Uses and stating facts about standard block lengths in NB, distancing of 1,000' from parks, schools, bars, etc. can result in Hearing Officer's decision to apply a standard larger than 1000' in some areas ( §20.91 A.060. D.3). Abate all existing unlicensed facilities. Not included -- believed to be facially discriminatory. Set forth a cap of beds /facilities citywide. Not included - believed to be facially discriminatory. How Comments Addressed Council Member Henn Delete the concept of an inventory of legal non - conforming Agreed - deleted. ro erties. Better align /clarify the timeline for existing facilities to apply for Use Agreed and addressed. Permits. Where appropriate within the Hearing Officer's guidelines, change Agreed and addressed ( §20.91A.060.A G) "may" to "shall." Shorten to 30 days (from 90) the time for existing facilities to apply RWG believes 90 days is appropriate ( §20.91A.020) for a Use Permit. Address distancing. Addressed 20.91A.060.D.3 . Ensure that the definition of "block" includes cul -de -sacs, other Agreed and addressed ( §20.03.030). typical NB blocks. Add "directly or indirectly" in the definitions of Integral Facilities and RWG believes current definition ( §20.03.030) is Integral Uses. appropriate. How Comments Addressed Person /Group and Key Comment/Request Now Addressed & Where Mr. Ed Van Den Bossche RWG believes that this is not necessary, because Adopt ADP's treatment definitions by reference in NBMC. State law is clear on the definitions. Make abatement and Use Permit timelines "less ambiguous." Revisions attempted to do this. Can applicants apply both for a Use Permit and Reasonable Yes, they can -- some may do this. Accommodation? Add a declaratory statement for the applicant to state that they have not violated any State or local laws, where settlements have Agreed. occurred, etc. Clarify who fills out application -- operator v. property owner. Agreed -- see Section 15 of the ordinance. Apply 1,000' distancing standard. Not included -- believed to be facially discriminatory. Include Hearing Officer qualifications in ordinance. Defined in part in 20.03.030 Submit photocopies of CA drivers licenses with application. Discriminatory - not applied to other City use permits. Add "directly or indirectly" in the definitions of Integral Facilities and RWG believes definition ( §20.03.030) is Integral Uses. appropriate. Ensure that the expiration of any lease, not just "residential" lease, is Agreed ( §20.62.090.A.2.a). an end-point under the Abatement sections. How Comments Addressed Richard Nichols Not true. If they do not provide any one of the 5 "Unlicensed 6 and Unders must be licensed." types of ADP treatment, they do not need a license from ADP. Ms. Laura Curran Agreed and included within ordinance Ensure that HO applies parking standards to Group Residential Uses ( §20.91A.060.B). commensurate with parking needs of home's staff, residents, visitors. Address "reverse discrimination" because non -group residential uses are losing property value. RWG believes current language in §20.98 is appropriate. Require operators to present a plan (and adhere to it) re: bio -waste Agreed and addressed ( §20.91A.0301). Mr. David Diamond Add "directly or indirectly" in the definitions of Integral Facilities and RWG believes current definition is appropriate. Integral Uses Formally set forth distancing standards that Hearing Officer can Hearing officer can consider typical NB block length consider. outside of Nonstandard Subdivision Area ( §20.91 A.060. D.3) Suggestions Tonight ■ Direct staff to bring back a Council Policy on 1 -22 -08 that would establish the qualifications of Hearing Officers. ■ Determine tonight if Hearing Officer, not PC, should hear time extensions on abatements. ■ Determine tonight whether to add more information about NB block lengths (see Section 20.91A.060. D3). Suggestions Tonight ■Delete the diagram in referring to a block — the definition alone is OK. ■ State that the CEQA findings shall refer to two exemptions — Genera/ Rule and Minor Alterations in -Land Use. ■ Correct some typos or other clerical errors. Timeline ■ January 81h —1s' Reading of Ordinance — More public comments as a regular agenda item. ■ January 8th through January 22nd 2008 — More comments welcomed (e- mails, letters, phone calls, etc) — RWG may revise draft ordinances based on input. ■ January 22nd — 2nd Reading of Ordinance + Adoption. — More public comments as a regular agenda item. ■ February 21St 2008 — Ordinance takes effect and moratorium expires. ■ May 20th, 2008 — Existing (and eligible) Uses must have applied for UP by this date. For More Information ■ City's website: — www.city.newoort- beach.ca.us then "Group Residential Uses" or "Council Agendas" • E -mail us: — City Council page or — dkiff @city.newport- beach.ca.us • Call us: — 949 - 644 -3002 ■ Write us: Newport Beach City Council 3300 Newport Boulevard Newport Beach, CA 92663 Proposed New Language for Section 20.91A. D.3 (pages 66 -67) ... the Hearing Officer and /or the City Council shall consider, as appropriate, the following factors: 3. Whether, in light of the factors applied in Subsections D1 and D2, it would be appropriate to apply the American Planning Association standard of permitting one or two such uses per block. -1m renenni�ier� +h�� morli�n Median block lengths in different areas of Newport Beach widely range from .300 feet in the Nonstandard Subdivision Area to as much as 1,422 feet in standard subdivision areas. The average calculable block length in the standard teet. The Hearing Utticer shall apply the ANA standard in all areas of NB in a manner which eliminates the differences in block lengths. In making this determination, the hearing officer shall be guided by average and median block lengths in standard subdivisions of the city.... C. EDWARD DILKES ATTORNEY AT LAW 2443 PARK OAK DRIVE HOLLYWOOD. CALIFORNIA 80068 TELEPHONE (323) 466 -1147 January 8, 2008 Honorable Edward D. Selich, Mayor and Members of the City Council of the City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 TELECOPIER: (323) 488 -8360 EMAIL: EDILKESOEARTHLINK.NET Re: Otmosition of Sober Living By The Sea, Inc. to Ordinance Regulating Recovery Uses Honorable Mayor Selich and Members of the City Council of the City of Newport Beach: I am one of the attorneys representing Sober Living By the Sea in its opposition to the ordinance before you, tonight. Since I have presented substantial testimony in the past, I will shorten my remarks by asking that my prior comments and written submissions, be incorporated into tonight's record. I am also attaching my letter and attachment. of May 30, 2007. All of its contents are just as accurate, today, as they were on May 30. In addition, I would like to clarify several factual matters that have either been misunderstood or actively misrepresented. I do so, in part to correct the record, and also to demonstrate that this entire matter is driven by fear, prejudice and irrationality. 1. Newport Beach Does Not Have "1000 beds" in Recovery Facilities One of the most persistent misrepresentations is the claim that there are "1000 recovery facility beds," on the Peninsula. The City, which has studied the issue for a year, cannot document more than a few hundred beds, many of which are not in use, but the "1000 beds" has been used so often that it is something of an urban legend. The irony is that most of the sober living facilities in Newport Beach blend in so well, that a precise count is almost impossible. That said, all evidence suggests that an upper limit of half the "1000 beds" is probable. Any number above that is more likely evidence of hysteria than reality. . 2. There Was No "Exalosion of 800 Beds" Mier 2004 The other urban myth (or misrepresentation) is the claim that "800 beds were added since 2004." In fact nothing vaguely like 800 beds has been added to Newport Beach. What did happen was that many pre - existing unlicensed facilities obtained licenses in 2005 and January 8, 2008 page 2 2006. The number of licensed beds increased, but the facilities were already in Newport Beach, and there was no net increase in the number of "beds." A check of the records of the California Department of Alcohol and Drug Programs demonstrates the conversion of several facilities to the more regulated status of licensure, but the total number of beds would not have changed. 3. Recovery Uses Do Not Increase Crime. In Newport Beach. Thev Reduce It In_Newnort Beach, Recovery Facilities Add Stability The most odious urban myth is that recovery facilities increase crime in Newport Beach. In fact, precisely the opposite is true: They decrease crime. As our earlier study shows, when a recovery use assumes occupancy of a building, the number of calls for service often decreases. We were able to demonstrate this at several locations. (See Point 1(b) of the Letter of May 30, 2007, attached hereto. The reason has to do with the mix of land uses in Newport Beach. Many recovery uses took occupancy in buildings that were previously used for summer and student rentals. An inordinate number of calls for police service are connected to those two land uses. In fact, if the Peninsula was not so dominated by summer and student occupancies, (there are at least 800 units and 7,100 "beds" in summer rental use, on the Peninsula) the cost of police service would decrease, significantly. When a well run recovery use displaces summer or student rental uses, the overall number of calls decreases at the subject address. Whether it is true in all communities cannot be concluded from the data in Newport Beach, but on the Peninsula, whenever a sober living or recovery use replaces a summer rental or student rental use, the number of calls diminishes quite dramatically. 4. The City has No Leval Authoritv To Regulate The "Concentration" of Sober Living Uses If there was ever a question about the City's authority to engage in the regulation it proposes in this ordinance, that question was laid to rest by an opinion of the Attorney General, which was filed on December 18, 2007 as Opinion No. 07 -601. A full copy is attached to this letter. After a thorough analysis of the issues and the law, the opinion concludes that state law has preempted this matter, and that: "...[A] city may not limit the establishment of alcoholism or drug abuse treatment facilities serving 6 or fewer persons because the particular community already has more than a sufficient number of treatment facilities to meet local need." [Emphasis added] January 8, 2008 page 3 The ordinance before the City Council, tonight is driven by fears, prejudice and outright misrepresentations. The environment of anger and discrimination is so pervasive that it has allowed visibly inaccurate statements about "concentration" to become gospel. In fact, none of the hysteria driving this ordinance has a shred of truth to it. This lack of substance, coupled with the AG Opinion that the City doesn't have jurisdiction, in the first place, should guide the City Council to step back before it generates a huge liability for the city and for those who foolishly misstated the facts, in the first place. Federal Housing Act Amendments ( "FHAA'; 42 U.S.C.3606 et seq.) specifically provides protected status for people in recovery from drug and alcohol addiction. Over a period of 20 years, a body of statutory law and court decision has refined those protections. One of the most important protections that has been repeatedly upheld is the requirement that local regulation be limited to the absolute minimum. [See 42 U.S.C. 3607(b)(1)] In Newport Beach, that means that you cannot single out a small class of people in recovery and load a huge regulatory burden entirely on them. The current ordinance fails that test, by heavily regulating all such uses, even in the face of the fact that there are few, if any problems. Federal law also declares that anger and bias cannot validate an otherwise illegal act by a city. Relying on §3606 of the Fair Housing Act Amendments (42 U.S.C.3606) the 4a' Circuit concluded: "... [W]e believe that Congress intended to recognize that addiction us a disease from which, through rehabilitation efforts, a person may recover, and that an individual who makes the effort to recover should not be subject to housing discrimination based on society's accumulated fears and prejudices associated with drug addiction." United States v. Southern Management Corporation, 955 F2d 14, at 923 (4' Cir. 1992) The current environment is the classic case of such "accumulated fears and prejudices," and the City Council should not be driven by them. Thank you for your attention to this matter. Very truly yours, CEDlss C. EDWARD DILKES ATTORNEY AT LAW 2443 PARK OAK DRIVE HOLLYWOOD, CALIFORNIA 90068 TELEPHONE (323Y 466 -4447 1 +3.• 1 X1.11 Honorable Steven Rosansky, Mayor and Members of the City Council of the City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 TELECOPIER: (323) 468 -8360 EMAIL: EDILKESOEARTHLINK.NET Honorable Mayor Rosansky and Members of the City Council of the City of Newport Beach: Sober Living By the Sea C 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 inmxediately responded to coma the problem. It has always maintained a "Good Neighbor Policy,,, (See Aftwh * nt N0.1, 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 propertm, 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, bat 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 ` 'midat n$ ' 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 fauially 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. lVlay .3 V, LV V / 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°/8, (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. Re,oyery and sober livens land uses do not generate crime orb municipal sgf!Ay services SLBTS has intensively monitored the number 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 not 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 43d Street, the average property had 12.4 calls for service, during a two-year span. At 131 and 131%, 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 40ffi 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 out 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 24 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 :3u, 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 fi+equencies. From September through May, trash is picked up once each week. During the summer months of dune, 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 0£70) In its 21 years in Newport Beach, SLBTS has > 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 pare., 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. As a practical matter, it is virtually impossible to find anything to distinguish a Sober Living By The Sea facility from any other well- mamtsmed 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 kepi. Trash, cigarette bulls 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 Penmsula.n 1 hrdeed, the inebr' i[y to distinguish sober living facilities from other, suaunnding residential bmlduW caused a serious overestinumnof the nab of sober living uses 11m factest most of them do not stick out madeit difficult to know wt ich budding was housed peo* in recovery and which housed other residents. May 3ti, 2007 page 4 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. "Smoking" is another of the persistent complaints, although there is no facial 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 m the yard. As previously mentioned, one employe 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 probibition 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 Fear that the neighborhood will be ovearnn 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) 1 Some redden, in a modified program for clients who are locally employed, use ibeir automobiles forage Bulled purpme of getting to and from work lbeircars are parked on she 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. i 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. 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 Mmatoriim. and for remilation is comuI v 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 }musing discrimination based on society's `accumulated fears and prejudices' associated with drug addiction." U.S. v. Southern Management. Coro. 955 F. 2d 914 (C.A. 0 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 Mare 29 IROC meeting, me resident described the existence of a "gang house," complete with gang members 'Sumping out" of gang Iife. 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 questionnai Although 400 questionnaires were given out, only 47 were returned. 12 of those carne 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. 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 quid review of those licenses demonstrates the discriminatory nature of the moratorium and the proposed regulatory scheme, because the aveaaEe 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) Clarming 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 occaipaucies. To ascribe those conditions solely to recovery and sober living land uses is simply wrong. 4. There is no need far a Moratmiu and one cannot be le=W snared The primary requirement for a Moratorium Ordinance is a pressing proble ni 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 -bean rental properties. These 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 doves 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 -team moratorium ordinance cannot be made, in good faith. In adopting the proposed moratorium, the City will be subjecting itself to substantial liability far 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 :w, 2w/ page 7 5. Conclusion For the reasons sex 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. CED /ss Cc: Pamela L. Burke Richard R. Terzian Robin Clausen l Attachment No.1 Sober Living By The Sea Resident Rules and Agreements SobffLhft by the Sea Good Ne.; gab« JC Fmover20 yeas, Sobi.U.Ingbytiie Sea bwatrictlyonfowed a OwdNeighbofFo&7 for is staffatembis and olimAMW cEM. Pmtofrecovery is tieim&vawmak eidnm. Thefdhiwingtries aremt opdomd md ate m apply at all dumdatiog ymassy wadi VOL • Ciessaiea MmkkCmffiaftedo freddenemaUdamol®gmfh�folis 6 cams. Cixmsta bats are, $�affiowaoa9¢ • The listmiog ofstaneos and sdbs a m.ody withheadplunes and televisim ism be eta level vddi� witl'aat disimbaeigbbms. . • Cliaatsaremdl+ossappiopk'vitely at aU limos, be eleeashavaniwithmfaciel piercitSg.aid no ctodihig vddchhas 84ydm8 m alcohol mmmimions. Clients me aevvm vse impproptianc hutg®ge i sick oroutd& do iesideaces. What may not be offensive to ym may be big$* offeosiveto someone else. • Cllems will not caosoinary aggnssive bdmvior with each other m n i&bmhoodmulens. This will result m immedife discharP from the t>iDIPAm• • Client, m not mcut new"w walk ndgbbots' lawns m properly. Clieas are to part their bicycles in designated areas only. They are not to block any neighbolood sdewanm m dwrme>fim aver. • Clients are imto Law anywhere is the commtmity and m to mdw"my effimt to keep maneienLmhood dam • Climas areacpated to be m asset ern( posits" role model m onrmmmmity at all times. mks caaxsok in your d*2gb9 . from e�orotaam_ 1 have read'aado dm above rules and thebnpmtatse ofheing a Sood neighbor and msideet of Pour Newpm t liem'L Community: i b: i i DEPAFMff WT OF ALCO=L WMDRUG PROGRAW ADP M54i - PER8OIIAL3U4W" in amasds wklh rA 9,.ChegW4, Section 10569, oftbe 09MM 9a We Of �& ouhFenmmcd?NBsxvimfomftmmaToohoL= m dmgabas¢seeovmy fed'FitysimuLaverigors vddrh but mexotD 'tq ➢evglGto coal' ideo$ elilyas $s.mTffia'Y2,8io�2- 1fls.267- 3, Cw" Wtad"a A di D Tobeaem&dldWikri hivhwp lre1 wasklEmdo9wr D 2'oUe eocoidedlpfyhealPofid endcowtoxlehk accommgdartiOns (eg.fvnvsb sOd egainowe x— Aarnaeds: ➢ To baEeofi®xae1,.Omimd/ocplmlakn. Y 1tibe Mmed t if�stlFlfivi' batiuL to :8�b address and tole Offie 1€g aE9�e9 YTobe$ee4oaikd*Njd = =vim wasdvXm dlidkmCbme d;Ohave rt,.r i To ecm¢d--aewitrift 9 dmjga4 „Soc"10544(OWfttafib-iaCodatd' ar�mdividmlmaymgorstmmapadiaaof�aT ordsug abuse Pragt'ant.7KredorofSo%wL bytheBea. 2&U VN& Wg PiwvportT3m*CA9266i 84q}673UM "0)647.OW HnoreaRs9cd eoula , D�ta� e2Ab»boI �dDmg PI mmd.CeztlHvatlanBrsadt x7ors cA.95gt44ac;7 Atisstim Raridetlt Date Stir Dais ti Sober Uvi—ng By The Sea. PARTicEPANr RIOTS OF TIM QUiNT Ewh.paeielpant sbgd hwailsbis ffiatnrinde, but am mot bmbediptLefdlowmw 1 1lxerightto ma6deffiality asimwidedfm'm1i5e9;y Code ef FederatRegalefions, Pazt7 2 TobeaawdeddWkyi acwba&wi&sftMvolanisem bomdmambem and ad= PeWWs- 8. To beaawded safe heaUhM and oomfwiable amommodatiamiomeetbis ocher needs. 4 To be�&eefimnverbe4 Lebuseaad/arinaPPmpria &sexual. Lebavi= 5. Tobeiofoemed by the pro&< aftbepaooedm tDMe a geiew=m a a appeal 6. Tobefmfzomd anbasedonetmroc gmapidem�r "av -sex aokr, orc dhwMay. 7. Tobe aommdadacomtobborherlVe. ANTI' Ihavebeenpa ams& fadoi wdamthavameavedacoWofmypeismv3lrightsaadhevabeen infomed offfiepsavisi�s mscomrpLdmaat9velhae aYmy adma�arto: Sober Living.Vy-lbe Sea vVHae� /9arssmH a Date BUM SAFrrY RUL SAND REGUL&TIONS 1. The bAm me called beach cauasem Tbay we made to sit and pedal at a crustog speed. They are not wade, to jtm* crabs, race downtLe read. datbft dding.cr for&addiog.• Any of the above can cause dmwgc m &e bffw or wome, . h#my to peurselfr odors. 2. $t3ceJam am the same asmotrave3id lsws. Obey al! sueeth& and sWa as posted. Do aotride against traffic Ito mrtAde vhh doai Leadphaaes uverbo& ems. Do net done ndswi& ano6arpesson, unless file bikoismade hr twopeascros. The podice.Va gall you over and issue t Yoa areiwpowklcfarpgymatDfYVUttdMtL They havebeenknown torm ww chodbi1so. 3. Loc kup yom bftprope dY tantanSmore tbao we mmilter. Bilm get stolm Mw out ofd times itis became ft b lw was not locked or Laclmd propedy. There is a $19 OO mplsoement cbaage ifyour baam is aubmAcntlookisyourbatptoe duditwaspropedylorkad. 4. We (SLBTSjwfftMfnrumdwacandtwonffiebzle Ifo&w da— isdmefWMMigteakaeatitkyaWreSPOOMMitytDpaYfbrOM dame Ths causes froinyowMO.B. account 5. lf*m is aoy&mg wmngw&ymwbde or you d=&Ibere is saner mg wrong do not waft lbrbike inspectimon Smidaymombtgs. Contact the bgmpasmarasta ffmmobertoktibemlomw, Yoursafasyis.ourfmu concem. 6. Be carvI l crossing stems, driveways ma alleys for &0 vtWde drives may aot am yw. 7. Daft give yoga comLmation tombeia If yea loan your bflm out mtdtWy lose tt yon are so responsive fix ft r vbwmew coat. I have read sad m,d the balmsalbty and = and agree to *a lams and oonditi®shaehL 0 14 pOi9L o-u11IiI In '. CURFEWS: SooWGWR& maday IOMM Fa wa Di Sa g Ildopm mdoxw& U9 eisnoamatmg Aawadm . CHORE& 41iL.d� maa - wwW- .ChmsnndbecompIdBd .'ffiem B�SBa�da beftettomoMb mftSao PERM BS &TV- NaWsamsDowedmbc&m Tm BaatBul.&ove cammiasspsabn agmtTomsmsu& TVis0owed&W60A to lilm. CRIDOOR Naloeksaaliowedmmapbcdsoomdaom. 14OLR:Y- SFAH(SMS- Ifaadm scion ofdmgm sbwbdaagHoose Ymcg wstaffbas pe�aidntos�.at'aG9� IBH/WONM. M aoa of8acopposite=is asomdmdeboo ft mplevg& ATM& bvtd ¢ataBtbaes, HooseYaseotcesta rBlmahedallF °eweaps°ttlaeboosa WRl1E-TjF& AIIxeddmtsw4lbawrtvphtabNmvwrsad mtetotbom�. 1&eascdtraq�switlda3D days eoayoa WW be bod lwdhmamxftwdhstWatSob= I3v$r�6ptse�.At[ytgpa�vla�t btu 3 M >•.Smfforsmapmdtm H ATB& MO—MR beoomklmdd SWrmg*%mtbetola WQ bmmin&CfMOMOY390=dMidboho=iWdentL DRUG! Oa3moiTestmgwslbe done$mder sug$pe ofsoapicma. AXCOHM Ran&mtwftvMbedowpadD�- 3�iS@I63: �illmoeta�edm93abazlavmsb9�sea sit V�vg 1ba HovSe Ci�FRtdaB a�fiedallDVe sae a9j1 �nsidiug at soUei'T4ea�UpffieSea:; Ihav�xead;. ynders�asdaHd .agreaioadheaetotiieseml�tAnle nead'mg sober iavaig.by ft sea. Name Dade sw Sober Living by.the Sea Living in Recovery The fouowiug agreement is mete between and SoberLiviug by the sea%; eie xovisim ofrecovery aervicea designed to assist persons with akwhoi and drug addictions (or s=ilai disorders). • Torsi abstinence . froman;'raind altering chmnW andlor dnu. This i nclxWes nonalooholic bear ana wines. Steroids, s Wlements, eet (Amy proscribcdor medication must be approved by Ste stet All meMdatimsmnstbe lockupanddista'bo<edbyihe oice): Ha modicatiens allowed in roams. • Credit cards, check books, ATM cards, a== mnDney, madicetians vm beheld by staff office auWar safe. Yon will be allowed to w�aw $75.00 aweekSom yourM.OB. account Fill out a money request by noun, fa $75,00, the day befac money is ffishibubc& • It sp=Qftd you noa$a90 &y commitment to live in SobeLiving by the Sea to build it Aundatim • Attendall moutingr mtyrna schedule, Them IM Mand9ory. Adhere, to the structured progmma.reggNtingbouse meetings, group and hwividuat co.uosaunyg, and all 12- step meetings. A deviation must be amacd in 24 hours in advanco to switch roofings. Always be on time. There areno satoke Weaks daring meetings unlawthe meeting itself has desmilm lmee. • It is viggested yen obtain a aromor within your &d 2 weals at Sober Living by the Sea and begin working the 12 Steps• • It is suggected ti aiyon complete the 5e` Step within your fact 30 days. • We suggest that you obtain at least One service comniitmeo twidain yoursrstzweeks. • ltesMents cannot Read the ni t away from ih=house without prior approval Stunt otiice MM (A pan may be appxtrved utter at least 30 days ofroddence),Pleaseturn in 48.hous in advance. • Keep connnon areas and your room cleao.Plessecloan-upabW Yourselves when Ym &W song Beds mustbo made bef= the morning AAmaed n& Nogoingbaekto bed aiaermaditelim . You are not allowed back in bed belbre3pm. • C� all assigned chores. No dishes left in sink EYE1L 4 L^ • Adhere to the curfew; the curfew is 10pm.Svndap — Thursday. 11pm Friday and Sattatlay_ • Residents ste na allowed to go to aay type of list' nighwb% concert racetrack . casino or strip dub. • You will beMWJ31f ie moving, st.ffie center i£you Ito do the gym. patio, or activitI *d du' There are no cLsopng of miatk MAT on dmiog Ste day. No shopping is allowed while atthtgym. During the gym/pdictime you not showed back in the house for MY ieasoa unless yo :1 .Tueoday 6T • TV's areamOwed it, the livm$ room aalyand nw only be turned on haft at 5pm on Mondays- Fridays: Oa Saturdays and Sundays they may be tur b nat11am. Tiiegnfust :be Printed o$'auboar8hacurfewon all days: NO BXCSPTtOM. This includes CV7 DVD's sod video tapes wlieq TV is iaofftlme. • AS'mrmumm 3Q dfrys before fenn7y /sigoific�t otheasmay gisit. Respxi your ho prlvacy. No loitering inside or outside the houses • During the ssmmamoaft Sunday Barri3 * noun —lpm_ • Tuesdays cM 2 Ad w0dkso£sobriety. sponsor; home gmap. working the steps end no write-ups m the p9A wO& T'nesdays offis how tKnie ttime. meefinS • Shopping: you will beie bmbyastaffmamberonSavmdays only. A money raquestmusibe filled out and signedby yea Case MsmaSa and tamed inby Friday at DDen. You will bapicked up st your houso sound[a30pmUniessother saungemcaffi ham be= MOO. • Hea4honet; are tote used vd& stereos. We don't want to disturb your housema w and neighbom No iond music eve. This includes paisonai isstrums. • No smoking aUdwed in the houses at all. No lighting yore cigat�s mlhe stove. Do notwalk1hrough1he house with alit cigimte. Please do wtduow cigaretm butts onibe grotmd anyywhera. Always use** ashcan • BornDwbg orlowing ofitmey fiom'or to other residents is near mowed:Doa't take the risk .ofnot getting .itbadt. • his sugWswdyoaka* Wwvaivablatoft safe atthe Office .Sober Living by the Sea is notresponsiblo fag' loaf items. • Stealing willnotbetulaated and you way be asked to MM for it. Gomg ftowjx takaor tamPaing with someone else's powesd ms 3 • Got along with your hovseenates.lfyou have tronblewdh someone please let stsffknow about k and they will handle it. • Any Ism, ofphydool violence is unacceptable andwayresuitin immaBete discharge from SoberLivmg by the Sea. Restitation to the miured'party and possibly law enforuemmt involvement. • Take & Mc tionfrom your Houseparent and all staffpeasonnel. Remember staffis here to help and assistyoa.Adkere to all House Ground Ra lm U=Z prohnity with smffwitl not be tested. • No pornographic dial allowed in the Louses. • Pl eax stay out of* bkoat office ifyou have nobasiamithece. • No Fratemi ation. You are notailowed to be with SobeaLiving by the Sea=sideM ofthe oppmsila sex at all except form the cmtey in meetlage or staffaceompapied activities. Do notride ideas togetter, go to stores; rests nuts, the beach, eta. This includes being in gaups or alone. • We suggestyou put all relationships an hold so you may have the opporimky to wodr on yams elfwhileyou are here. • While attending meetings outside of Sober Livh& we request that you do not discuss Issocs or residents. Remember anonymity. • Residents will dress appropriately at the center and in meetings. See dress code. • No now tettoos, body piercing or other fimns of drastic change are Permitted. This includes cedosme hanstyles mad color. Ail piercings most be removedwhen atihe center. • Phones: You are: an pbow restriction for your film wvw days. Afterwards be cmaaeous. Limit your calls to 10-15 minutes so others may use it Do not give out any infurmationabout.otler residents. T3ake messages for others. For call vrmtmg press flash than • then 4. • Sickoass; If you ace sick, call Jeff's pager 737 -3419 by lam. You will be pinked up atyaur house, to come am the muse. We want you to got well You will notbe able to leave the house for the entire day and night No. TV woeapt whim allowed aa. When catimg in sick at night you- willbo put.on.the siaklist.for the mn&y also, mless you have �a Eta musc the nigi�bofote: • When moving to o1berhouses Ulm everything with yma. Lam, clothes basket alum dock; ato Please leave yourroom churl. • Dicycles; Biloft ate loanedtin ym Take care of ftwm Nu jumping. cumtsi . * " ticks, cto. You pay fbra.0 damage done to your bjkP- we Up�qi for west And. A= Seep propeoiy locked at all times when not using. No watkr N%i yon ate or how lung YOU thick you an going to be. M mot Im your bf-ft out to othem If stolen or lost you 4111boedtarged .&tbib&�.Tb.iemmnwcom on.,Iocks. • Personal kftps aft to be kept at ttfe center. Tiny are no "owed to be taken to the howm - • Rel ae 0013969120fim — Inust go. In dOw or sign out AMAL • Ifym lem take, aR your belongiopwrth you. Sober Living by tbe M eoilh& diinkingor, Awed ill vans at any thm • 4ellphonwar6tD be tamed off;st al meetings, groups, ECT. No test • Crosstalk and dioptmems: are not allowed in meetings. Be respectful Of • Scheduled UA's amtD be-done befure or rigid after meditation. No UA is motoompleted, Yon must rmain at the center unnil one is done. Do not go awwbem until if it compluNd • Violation oflivesa standards will result on write-ups. Write ups consdhft Ioss ofmovey, pAvliepm and Tuesdays WE Thh may, also land to PUMNO age. Reddest Dabs - Stall L_ Date Attachment No. 2 Sober Living By The Sea Comparison of Calls For Service In Two Neighborhood calls t0 Semme L mod bounded by BaHm BW&SCgWW Addwas Cab Address 131 48rd S) 0 5 190 amsma 129 48rd 17 7 126 43rd 12743rd 20 23 12843rd 12543rd 7 19 12443rd 12343rd 9 13 12243rd 12143rd 37 11943rd 19 12043rd 11 11543rd 3 12 118 43rd 11143rd 8 2 11443rd 10943rd 13 12 112 43rd Tc4d 125 19 4210 & 4212 Sore Dr. 131 NB%OdKwhood- Bolds of 40M boa BkxVSemhom Addws CONS Address 3960 -Q Seashore 6 112 401h MLBTS 1 10 40DO 4; 114400h 5 11840th 8 111401h 4 120401h 9 2 11840th 12240th 2 28 11940th 12440th 6 2 12140th 12841 74 8 12840th 12840th 2 5 12640th 13040th e 6 12740th T� 61 4 129401h 7s r Attachment No. 3 Sober Living By The Sea Comparison of Calls For Police Service at: a. 5515 River Avenue b. 5004 -5004% Neptune Avenue Police Services "Calls to Service" 5515 River Ave, 50+ unit apartment building. ,.f5 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 & 50041/2 Neptune Ave. Property Commenced to lease to a Recovery Facility on 5/15106. 17 Calls to service the year prior to a Recovery Facility taking over the lease, 3105.12/05. 13 of which were Dlstrubances/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 Se St & 128 3e St:: • The house dhrectly across the sbeet from us, 131 3GP sold for $1,699,000 on 4121/06 • 131 4EP, a similar house & location t0 the sLd#W property sold for $1,235,000 on 8@4108. • A few houses away, 119 39P St sold for $1,565,000 on 8/15/05 • A few more houses away, 115 39M 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 sold for $1,480,00006 1/30/07. • 4823 River Ave.; a house one block away from the subject property soli for $1,485,000 on 8/7/06. • 5302 Neptune Ave., a house three bk> m away from the subject property sold for $1,200,000 on 4120108. • A few is away, 4910 Neptune Ave, soli for $1,250,000 on 1/804 3- WE RENT i W. OCEANFRONT& THE HOUSE E DOOM 6111 SEASHORE .' 4, The house four dooFs down from Lis, 6208 W. Oceanfront add for • f!I on m 3707 Seashore • i • s o on i o sand, sold for on 5/250& * Stocks away, 7210 W-0ceanfront sold for $3,6M000 on 8/19/04 Attachment No. 5 Sober Living By The Sea List of Summer Rental Permits Business Name Owner name License # Expiration cl of Tenant Lodging Address DONALD L ABRAMS ABRAMS, DONALD L SLP10935 1131/2009 8 324 GRAND CANAL ABRAMS, NANCY ABRAMS, NANCY SLP10422 4/33012007 6 3610012 SEASHORE DR #3610 ABRAMS, NANCY ABRAMS, NANCY SLP10423 4/30/2007 10 3610/3612 SEASHORE DR #3612 V ADAMS ENTERPRISES LP ADAMS ENTERPRISE SLP10486 4/302007 8 2812 OCEAN FRONT W 1/2 ADNOFF, MICHAEL & CONNIE ADNOFF, MICHAEL & CONNIE SLP10822 1/31/2009 8 114 35TH ST A ADNOFF, MICHAEL & CONNIE ADNOFF, MICHAEL & CONNIE SLP10823 1/31/2009 8 11435TH ST B ADY, CHESTER E ADY CHESTER SLP10539 00007 8 1419 BAY AVE W ADY, CHESTER E ADY CHESTER SLP10540 4/30/2007 8 1419 BAY AVE W 112 AITKEN, WYLIE A TRUSTEE AITKEN, WYLIE SLP10274 4/30/2007 8 1926 OCEAN FRONT W -Rll ZONE A AITKEN, WYLIE A TRUSTEE ',IN, AITKEN, WYLIE SLP10275 4/30/2007 8 1926 OCEAN FRONT W -Rll ZONE B Ak WYLIE A TRUSTEE . AITKEN, WYLIE SLP10276 4/30/2007 8 1926 OCEAN FRONT W -R/1 ZONE C ALbER, HORACE B AND LORENE ALDER HORACE SLP10195 4/30/2007 8 1589 MIRAMAR DR -Rll ZONE MARK/PAMELA ALGORRI ALGORRI, MARK/PAMELA SLP11002 1/31/2009 0 151211514 BALBOA AVE ALLARD, LEE & RANDY ALLARD, LEE & RANDY SLP10772 4/3012007 8 2134 MIRAMAR DR -R/1 ZONE ALLEN, MATTHEW ALLEN, MATT SLP10756 413 O07 10 1037 BALBOA BLVD W MATT ALLEN ALLEN, MATTHEW J SLP10701 4/30/2007 8 112 OCEAN FRONT E -Rll ZONE ALTAMIRAND, JE MD ALTAMIRANO MD J SLP10626 4/30/2007 8 906 OCEAN FRONT E A ALTAMIRAND, JE MD ALTAMIRANO MD J SLP10628 00007 8 906 OCEAN FRONT E B ALTAMIRAND, JE MD ALTAMIRANO MD J SLP10627 4/3002007 6 906 OCEAN FRONT E C ALVAREZ FAMILY TRUST ALVAREZ, RODOLFO SLP11030 4/30/2007 6 914 OCEAN FRONT E A ALVAREZ FAMILY TRUST ALVAREZ, RODOLFO SLP11031 4/30/2007 4 914 OCEAN FRONT E B AMLING /GRAY BEACH HOUSE AMLING, RW & LG SLP10714 1/31/2009 4 302 BALBOA BLVD E ANDERSON, BEVERLEY Y ANDERSON, BEVERLEY SLP10258 1/31009 10 1522 OCEAN FRONT W ROBERT ANDERSON ANDERSON, ROBERT SLP11126 4/30/2007 9, 108 OLIVE ST B ANDERSON, RON ANDERSON, RON SLP10197 1/31/2009 8 1759 MIRAMAR DR -Rll ZONE ANDORKA, FRANCES A ANDORKA, FRANCES SLP10304 1/31!2009 8 304 OCEAN FRONT E iHAMIAN, RICHARD AND CONSTAPRAHAMIAN, CONSTANCE E SLP10168 1/31/2009 8 115 35TH ST A APRAHAMIAN, RICHARD AND CONSTAPRAHAMIAN, CONSTANCE E SLP11160 1/31/2009 10 115 35TH ST B ARIATHURAi, S V ARIATHURAI, S V SLP10601 4/30/2007 8 4109 SEASHORE DR B ARNOLD, JOHN ARNOLD, JOHN P SLP10887 1/31/2009 8 223 AGATE AVE ASPEN TRUST ASPEN TRUST- RANDOLPH PERRY SLP10811 1/31/2009 10 114 36TH ST ROSANA & UMBERTO AUTORE AUTORE, ROSANA SLP10291 4110/2007 4 2204 OCEAN FRONT W C AVALLONE PROPERTIES AVALLONE, LEOPOLD T MD SLP10252 1/31/2009 6 1412 OCEAN FRONT W #A B-N14, A CALIFORNIA LTD PTRSHP B-N14 A CAL LTD PTRSHP SLP10266 1/31/2009 10 1814 OCEAN FRONT W A RICHARD BABINEAU BABINEAU, RICHARD SLP10199 4/30/2007 6 11041ST ST A ROBERT BAIZER & DIANE JACOBS BAIZER, ROBERT P SLP10668 1/31/2009 10 318 ALVARADO PL -R/1 ZONE BAKER, RICHARD BAKER, RICHARD SLP10806 4/30/2007 6 1727 -1731 BALBOA BLVD W #4 BAKER, RICHARD BAKER, RICHARD SLP10807 4120007 5 1727 -1731 BALBOA BLVD W #2 BAKMAN RANCH BAKMAN RICHARD T SLP10066 1/31/2009 6 1301 BAY FRONT N BAKMAN RANCH BAKMAN RICHARD T SLP10067 1/31/2009 6 1301 BAY FRONT N 1/2 BALBOA ISLAND HOTEL BALBOA ISLAND HOTEL- WOOTEN, S SLP10378 4/30007 8 127 AGATE AVE BALFOUR, DAVID BALFOUR, DAVID T SLP10004 1/31/2009 6 302 COLLINS AVE BALFOUR, DAVID BALFOUR, DAVID T SLP10005 4/30/2007 8 302 COLLINS AVE 1/2 BEACH HOUSE RENTALS BALSAMO, J AUDRE SLP10511 1/31/2009 5 1917 BALBOA BLVD W -R/1 ZONE BEACH HOUSE RENTALS BALSAMO, J AUDRE SLP10512 1/31/2009 6 1917 BALBOA BLVD W -R/1 ZONE 1/2 HARLOW PROPERTIES BARLOW, HAL SLP10845 1/31/2009 8 3708 CHANNEL PL BABME, MICHAEL BARME, MICHAEL SLP10764 4/30/2007 8 5811 SEASHORE DR B: `ETT DESIGN BARRETT, GREG & PAM SLP10825 4/30/2007 5 125 27TH ST #A BAARETT DESIGN BARRETT, GREG & PAM SLP10915 43012007 8 125 27TH ST #B BATELLI, ROY BATELLI, ROY SLP10484 4/30/2007 8 1023 BALBOA BLVD E #A BATES, ROBERT M BATES, ROBERT M SLP10945 4/30/2007 10 333 GRAND CANAL MAHMOUD BAYAR BAYAR, MAHMOUD SLP11035 1/31/2009 6 6404 OCEAN FRONT W BEACHWALK DBA BURR WHITE BEACHWALK INC SLP10083 1/31/2009 6 5408 SEASHORE DR A BEACHWALK DBA BURR WHITE BEACHWALK INC SLP10084 1/31/2009 8 5408 SEASHORE DR B BEARDALL, JOHN R BEARDALL, JOHN SLP10944 4/30/2007 0 1619 BALBOA BLVD W PATRICIA E BEESLEY BEESLEY, PATRICIA E SLP10769 4/30/2007 8 3308 OCEAN FRONT W A PATRICIA E BEESLEY BEESLEY, PATRICIA E SLP11105 413012007 8 $308 OCEAN FRONT W B BALBOA RESIDENCES BELCORE, GAETANO SLP10903 4/3012007 8 303 SAPPHIRE AVE BELOGORSKY, SHELBY BELOGORSKY, SHELBY SLP10991 4/30006 10 2234 CHANNEL RD-R/1 ZONE BENJAMIN A KIDD TRUST BENJAMIN A KIDD TRUST SLP10292 4/30/2007 7 2814 OCEAN FRONT W A BENJAMIN A KIDD TRUST BENJAMIN A KIDD TRUST SLP10293 4/3012007 6 2814 OCEAN FRONT W B BERTOLINO, PIERRE BERTOLINO, PIERRE SLP10327 4%30/2005 10 7310 OCEAN FRONT W BERTOLINO, PIERRE BERTOLINO, PIERRE SLP10328 4%30/2005 10 7310 OCEAN FRONT W 1/2 E, VALD, JOHN BERWALD, JOHN SLP10138 4/30/2007 6 313 GRAND CANAL BAZLD, JOHN BERWALD, JOHN SLP10139 4130/2007 4 313 GRAND CANAL 1/2 LEONARD A BIDART BIDART, LEONARD A SLP10634 1/31/2009 8 510 BAY FRONT S LEONARD A BIDART BIDART, LEONARD A SLP10635 1/31/2009 4 510 BAY FRONT S 1/2 JOHN W BLACK BLACK, JOHN W SLP11029 1/31/2009 8 321 DIAMOND AVE BLEDSTEIN, I MARK AND MARLENE BLEDSTEIN I MARK SLP10398 4/302007 7 309 SAPPHIRE AVE 1/2 5207 SEASHORE DR BLEIWEIS MARK SLP10432 4/30!2007 8 5207 SEASHORE DR -R/1 ZONE A 5207 SEASHORE DR BLEIWEIS MARK SLP10433 4%3012007 8 5207 SEASHORE DR -R/1 ZONE B CYNTHIA N BOND BOND, CYNTHIA N SLP11137 1/31/2009 6 203 GARNET AVE BONILLAS, STANLEY BONILLAS, STANLEY . SLP10786 1/31/2009 8 21134TH ST A BONNIE & DANIEL LEONARD BONNIE & DANIEL LEONARD SLP11133 4P30/2007 6 3126 BREAKERS DR BORBA, JAMES BORBA, JAMES SLP10773 4130007 7 5205 SEASHORE DR -R/i ZONE A JAMES PAUL BORKE REVOCABLE TR BORKE, TRUSTEE, JAMES PAUL SLP10676 4P30/2007 0 604 BAY FRONT S BIMCO BORLAND, JOE SLP10710 4/30/2005 8 123 GARNET A BIMCO BORLAND, JOE SLP10711 41=005 8 123 GARNET 1/2 BOSE, MARILYN J BOSE MARILYN SLP10143 1/31/2009 7 117 33RD ST A BOSE, MARILYN J BOSE MARILYN SLP10144 1/31/2009 7 117 33RD ST B TRB MANAGEMENT SERVICES BOSLEY, EDWARD & RITA SLP10487 1/31/2009 7 114 BALBOA BLVD E -R/1 ZONE B MICHAEL BOURESTON BOURESTON, MICHAEL SLP11138 4130/2007 11 447 VIA LIDO SOLID BUNNY BOWERS BOWERS, BUNNY SLP11088 4/30/2007 9 209 BALBOA BLVD E BOWMAN, BRADFORD S BOWMAN, BRADFORD SLP10826 4130/2007 6 128 46TH ST B( )AAN, BRADFORD S BOWMAN, BRADFORD SLP10827 4/30/2007 6 128 46TH ST 1/2 BETSY BOYD BOYD BETSY SLP10382 1/31/2009 6 125 34TH ST R KENNON & DIANE K BOYDEN BOYDEN, R KENNON & DIANE SLP10068 1/31/2009 8 315 DIAMOND AVE R KENNON & DIANE K BOYDEN BOYDEN, R KENNON & DIANE SLP10069 1/31/2009 8 315 DIAMOND AVE 1/2 BREEN, PETER BREEN, PETER SLP11034 4/30007 6 129 33RD ST A BROWN, GEORGE BROWN, GEORGE SLP11084 1/31/2009 6 204 34TH ST BROWN, ROBERT K & DENISE A BROWN, ROBERT K SLP10070 4/=007 4 319 DIAMOND AVE JEAN BRUTON BRUTON, JEAN SLP10692 00/2007 10 219 GOLDENROD AVE -R/1 ZONE MARY AND KEN BRYANT BRYANT, KEWMARY SLP10829 1/31/2009 10 116 46TH ST A MARY AND KEN BRYANT BRYANT, KENMARY SLP10830 1/31/2009 8 116 46TH ST CALIF LTD PARTNERSHIP #B-N12 BUCHAK, RUBEN SLP10267 Q0=7 8 812 OCEAN FRONT E A CALIF LTD PARTNERSHIP #B -N12 BUCHAK, RUBEN SLP10268 0012007 8 812 OCEAN FRONT E B BUCHANAN RENTALS LLC BUCHANAN, SUZETTE SLP10872 4/30/2007 10 4912 SEASHORE DR A BUCHANAN RENTALS LLC BUCHANAN, SUZETTE SLP10873 4/30/2007 14 4912 SEASHORE DR B ROBERT BUCKLAND BUCKLAND, ROBERT SLP10240 1/31/2009 3 130 45TH ST A ROBERT BUCKLAND BUCKLAND, ROBERT SLP10241 1/31/2009 3 130 46TH ST B B` E'ER, EARLE AND MARY LOUISE BUNKER EARLE SLP10602 1/31/2009 4 4201 SEASHORE DR A BUNKER, EARLE AND MARY LOUISE BUNKER EARLS SLP10603 1/31/2009 7 4201 SEASHORE DR B BRCAW, MARK & MARDY BURCAW, MARK & MARDY SLP10371 4%10/2007 8 4900 SEASHORE DR #B B ROBIN & BILL BURK BURK, BILL SLP11024 4P30/2007 10 126 AGATE BURNHAM, BRENT BURNHAM, BRENT SLP10140 413012007 4 325 GRAND CANAL RON BURNS BURNS, RON SLP10125 4/30/2007 8 3605 FINLEY AVE DANIEL & JOAN BURT BURT, DANIEL & JOAN SLP11061 4/3012007 7 1713 BALBOA BLVD W A BURTON, DEA A BURTON DEA SLP10570 4130/2007 4 2151217 BAY FRONT E #215 BURTON, DEA A BURTON DEA SLP10921 4/30/2007 4 21507 BAY FRONT E 0217 BUTLER MARILYN K BUTLER JOHN SLP10626 4W2007 16 905 BALBOA BLVD W CACCHIA, JO JAHNS CACCHIA, JO JAHNS SLP10727 1/31/2009 4 117 26TH ST -R/i ZONE A CADMAN FAMILY CADMAN FAMILY SLP10429 1/31/2009 10 4808 SEASHORE DR #B #B CALLISTER & GLYER TRUST CALLSTER & GLYER TRUST SLP10576 1/31/2009 6 702 BAY FRONT S CAMPBELL PROPERTIES CAMPBELL, ROBERT A SLP11009 4/30/2007 6 223 HELIOTROPE AVE -R/1 ZONE DON CANNING CANNING, DON SLP10506 1/31/2009 8 1819 BALBOA BLVD W A DON CANNING CANNING, DON SLP10507 1131/2009 10 1819 BALBOA BLVD W B CAREY, JOSEPH & SUSAN CAREY, JOSEPH S SLP10559 4/30/2007 10 1206 BAY FRONT S CARLSON,J CARLSON,J SLP10352 1/31/2009 8 134 OPAL AVE CARMACK, GEORGE N CARMACK GEORGE SLP10578 1/31/2009 6 801 BAY FRONT N 1/2 CARMACK, GEORGE N CARMACK GEORGE SLP10838 1/31/2009 6 801 BAY FRONT N HIRAM CARRINGTON III CARRINGTON III, HIRAM SLP11086 4130/2007 0 1229 BALBOA BLVD W #1/2 C� !ER, DALE K CARTER DALE SLP10362 1/31/2009 8 121 PEARL AVE CANTER, DALE K CARTER DALE SLP10363 1/31/2009 4 121 PEARL AVE 1/2 CARUSO, DAVID E JR CARUSO JR DAVID SLP10604 4/30/2007 9 5109 SEASHORE DR -R/i ZONE CASTI EMAN, LORIN CASTLEMAN, LORIN SLP10322 4130/2007 7 612 OCEAN FRONT W-R/1 ZONE CRAIG D CAVILEER CAVILEER, CRAIG SLP10006 4130/2007 6 304 COLLINS AVE JOHN CHAIX CHAIX, JOHN SLP10010 4130/2007 6 12826TH ST -R/i ZONE ARMEN CHALIAN CHALIAN, ARMEN SLP11087 1/31!2009 8 70031/2 SEASHORE DR ELDER, VIRGINIA CHAMBERS CHAMBERS, VIRGINIA SLP10242 4/30/2007 7 118 OCEAN FRONT E -R/1 ZONE CHARNEY, KIM MD CHARNEY MD KIM SLP10115 1131/2009 8 4811 SEASHORE DR CH EE, JUDY & GONG, SUSAN CHEE, JUDY SLP10866 4130007 8 4812 NEPTUNE AVE LOWER JAMES A CHENEY CHENEY, JAMES SLP11054 430/2007 0 203 AMETHYST SUNDANCE GROUP LLC CHOW, TERRENCE SLP11106 1/31/2009 7 1514 OCEAN FRONT W A SUNDANCE GROUP LLC CHOW, TERRENCE SLP11107 1/31/2009 8 1514 OCEAN FRONT W B SUNDANCE GROUP LLC CHOW, TERRENCE SLP11108 1/31/2009 6 1514 OCEAN FRONT W C CUNT CHRISTIE/GLORIA SANCHEZ CHRISTIE .CUNT SLP10868 1/31/2009 10 5010 NEPTUNE AVE A CL INT CHRISTIE/GLORIA SANCHEZ CHRISTIE, CLINT SLP10869 1/31/2009 8 5010 NEPTUNE AVE B C''�.,�STIE INVESTMENTS CHRISTIE, DIANE SLP11134 1/31/2009 8 201 AGATE CHU, FRANK & LIZ CHU, OWENA ELIZABETH SLP11012 1/31/2009 14 205 BALBOA BLVD E CLARK FAMILY TRUST CLARK CHARLES SLP10524 4/30/2007 10 906 BALBOA BLVD E CLARK, ANNE CLARK, ANNE SLP10359 1/31/2009 4 1305 PARK AVE A CLARK, ANNE CLARK, ANNE SLP10690 1/31/2009 6 1305 PARK AVE B CLAYTON, CLAYTON & MARY HARDE CLAYTON, CARY & MARY SLP10939 4/30/2007 6 203 EMERALD AVE CLOSE, RICHARD CLOSE, RICHARD SLP10763 1/31/2009 6 311 UNDO AVE -R/i ZONE COLOME, SALLY COLOME, SALLY SLP10813 4/30/2005 8 10631ST ST O'DONNELL, JOHN & BARBARA COLVILLE/O'DONNELL SLP10741 4/30/2005 10 706 OCEAN FRONT W -R/i ZONE A COMPTON, RICHARD & PATRICIA COMPTON RICHARD SLP10263 1/31/2009 6 1730 OCEAN FRONT E -R/i ZONE CONNELLY / COLQUHOUN CONNELLY / COLQUHOUN SLP10906 1/31/2009 0 303 COLLINS AVE WEBCO COOK, STANLEY /ANNA SLP10178 1/31/2009 6 115 37TH ST COONS, DALE E AND PRISCILLA - COONS DALE SLP10046 1/31/2009 7 122 28TH ST COONS, DALE E AND PRISCILLA COONS DALE SLP10047 1/31/2009 7 122 28TH ST 1/2 CORNYN, RITA CORNYN CORNYN, RITA ANN SLP10107 1/31/2009 12 307 EDGEWATER AVE E -R/1 ZONE COSGROVE, RODGER COSGROVE, RODGER SLP10777 1/31/2009 10 1707 BAY AVE E -R/1 ZONE . COWAN / RICHARDS COWAN, LINDA & RICHARDS, NANCN SLP10341 4/30/2007 6 300 ONYX AVE COWAN / RICHARDS COWAN, LINDA & RICHARDS, NANC1 SLP10342 43012007 8 300 ONYX AVE 1/2 JOHN COX COX, JOHN SLP10246 4/30/2007 8 115 41ST ST CRISTANI, STEVE & TAMMY CRISTANTI, STEVE & TAMMY SLP10788 1/31/2009 8 92 SIDRA COVE -R/i ZONE CUMMINGS, JOHN H UNIFIED CREDI CUMMINGS, PHYLLIS SLP10521 1/31/2009 6 800 BALBOA AVE C �, IINGS, JOHN H UNIFIED CREDI CUMMINGS, PHYLLIS SLP10522 1/31/2009 6 800 BALBOA AVE 1/2 D'AIdUILA, BEN & LIA D'AQUILA, BEN SLP10226 1/31/2009 8 1746 OCEAN BLVD-:H ZONE D`AQUILA, BEN & LIA D'AQUILA, LIA SLP10685 1/31/2009. 4 110 30TH ST #A D'AQUILA, BEN & LIA D'AQUILA, LIA SLP10686 ,1/31/2009 2 110 30TH ST #B DAGORT RESIDENT TRUST DAGORT, VINCENT SLP10940 1/31/2009 0 47 SEA ISLAND DR PAMELA DALBY DALBY, PAMELA SLP10030 4130/2007 6 1807 BAY AVE W #B DANIEL, SCOTT DANIEL SCOTT SLP10164 4/30/2007 8 11135TH ST A DANIEL, SCOTT DANIEL SCOTT SLP10165 413012007 10 11135TH ST B PENELOPE MYERS DARLING DARLING, PENELOPE MYERS SLP10874 1/31/2009 6 118 PEARL AVE CHARLES DARQUEA DARQUEA, CHARLES SLP10593 4/30/2007 7 4900 NEPTUNE AVE A CHARLES DARQUEA DARQUEA, CHARLES SLP11064 4/30/2007 7 4900 NEPTUNE AVE B DARQUEA, CHARLIE & PATRICIA DARQUEA, CHARLIE & PATRICIA SLP10647 4/30/2005 4 4210/4212 SEASHORE DR 4210 DARQUEA, CHARLIE & PATRICIA DARQUEA, CHARLIE & PATRICIA SLP10648 4/30/2005 8 4210/4212 SEASHORE DR 4212 DATO, BOB DATO, BOB SLP10M 1/31/2009 6 127 BAY AVE E-R/1 ZONE DAVIES, STANTON W DAVIES STAN SLP10431 1/31/2009 8 5100 SEASHORE DR #B DA'nS, ELEANOR & KEASTER, HELE DAVIS & KEASTER SLP10427 4/30/2007 12 4805 SEASHORE DR C� , ELEANOR & KEASTER, HELE DAVIS & KEASTER SLP10428 4/30/2007 12 4805 SEASHORE DR 1/2 OMER DAWSON DAWSON, SONIS CHRIS M SLP10605 4/30/2007 6 6506 OCEAN FRONT W OMER DAWSON DAWSON, SONIS CHRIS M SLP10606 4/30/2007 7 6506 OCEAN FRONT W 1/2 DAY, DEBORAH DAY, DEBORAH SLP10564 4/32000 1309 BAY FRONT N CECILE DU BEAU TRUST DE BEAU TRUST SLP10638 4/30/2007 6 129 TOPAZ AVE 1/2 DE ROSA, JOHN J DE ROSA, JOHN J SLP10907 1/31/2009 2 212 OPAL AVE . PATRICK M DE ZORZI DE ZORZI, PATRICK M SLP10928 1/31/2009 10 2804 OCEAN FRONT W DEATON, KARRIE DEATON, KARRIE SLP10771 1/31/2009 4 407 BELVUE LN -R/1 ZONE DONNA DI BARI DESIGNS DI BARI, DONNA M SLP10931 4/30/2007 2 710 BAY FRONT S DI CORPO, NELLO DI CORPO NELLO SLP10660 1/31/2009 6 6007 SEASHORE DR DIAMOND, DAVID DIAMOND SLP10846 4(30!2007 4/30/2007 6 0 111 39TH ST A 129 42ND ST DIAZ, WAYNE D DILLION COMMUNITY TRUST DIAZ, WAYNE DILLION COMMUNITY TRUST SLP109M SLP10814 4/30/2007 8 900 OCEAN FRONT E A DILLION COMMUNITYTRUST DILLION COMMUNITY TRUST SLP10815 430/2007 8 900 OCEAN FRONT E B SW OCEAN FRONT E C DILLION COMMUNITY TRUST DILLION COMMUNITY TRUST SLP10816 4%3012007 4/30/2007 8 8 900 OCEAN FRONT E D DILLION COMMUNITY TRUST DILL►ON COMMUNITY TRUST DILLION COMMUNITY TRUST SLP10817 SLP10818 4!30/2007 8 900 OCEAN FRONT E E DILLION COMMUNITY TRUST DILLION COMMUNITY TRUST DILLION COMMUNITY TRUST SLP10819 4/30/2007 8 900 OCEAN FRONT E F DILLION TRUST DILLION TRUST SLP10927 4/30!2007 10 919 BALBOA BLVD E A DILLION TRUST DILLION TRUST SLP11051 4/30/2007 12 919 BALBOA BLVD E B DII I (ON TRUST DILLION, GREGORY & CYNTHIA SLP10926 4/30/2007 8 916 OCEAN FRONT E A D \. TRUST DILLION, GREGORY & CYNTHIA SLP11055 4/30/2007 10 916 OCEAN FRONT E B . ,)N STEVE DIPIETRANTONIO DIPIETRANTONIO, STEVE SLP10356 4/30/2007 8 3212 OCEAN FRONT W STEVE DIPIETRANTONIO DIPIETRANTONIO, STEVE SLP10367 4/30/2007 6 3212 OCEAN FRONT W 1/2 DODD, JOHN DODD, JOHN SLP10175 1131/2009 3 204 36TH ST A DODD, JOHN DODD, JOHN SLP10176 1/31009 6 204 36TH ST B DODD, JOHN DODD, JOHN SLP10743 1/31/2009 8 124 45TH ST A DODD, JOHN DODD, JOHN SLP10744 1/31/2009 10 124 45TH ST B RAMIRO & LINDA DONOSO DONOSO, LINDA SLP11058 413012007 7 1319 BALBOA BLVD E #A A NBH HOLDINGS LLC DORSEY, JOAN N SLP11089 4/30/2007 0 20929TH ST SUSAN DOW DOW, SUSAN & JIM SLP10452 4/30/2006 8 318 UNDO AVE -R/1 ZONE DOYLE APARTMENTS DOYLE J SLP10277 4/30/2007 12 2001 COURT AVE #A, B, C, D A DOYLE APARTMENTS DOYLE J SLP10278 4f30/20W 10 2001 COURT AVE #A, B, C, D B DOYLE APARTMENTS DOYLE J SLP10279 4/30/2007 12 2001 COURT AVE #A, B, C, D C DOYLE APARTMENTS DOYLE J SLP10280 "4130007 10 2001 COURT AVE #A, B, C, D D DOYLE,JERRY DOYLE, JERRY SLP10281 4/30/2007 10 2004 OCEAN FRONT W A 1)0 "114 JERRY DOYLE, JERRY SLP10282 4/30/2007 10 2004 OCEAN FRONT W B LE, JERRY DOYLE, JERRY SLP10283 4/3012007 10 2004 OCEAN FRONT W C UNDO AVENUE PROPERTY DOYLE, PATRICK F. SLP10185 4/30/2007 8 310 1 ZONE MARIE A DUDLEY DUDLEY, MARIE A SLP10230 1/31/2009 8 OCEAN B BLVLV D R/1 ZONE 2104 OCE DUFFY, THOMAS AND BARBARA A DUFFY THOMAS SLP10642 4/30/2007 a 10618TH ST ,G DUNCAN, JAN & STEPHANIE DUNCAN, JAN & STEPHANIE SLP10839 43012007 8 110 RUBY AVE DUNCAN, JAN & STEPHANIE DUNCAN, JAN & STEPHANIE SLP10840 4/30/2007 8 110 RUBY AVE 1/2 DURANT, VALERIE DURANT, VALERIE SLP11040 4130/2007 7 110 25TH ST -R/1 ZONE A DURANT, VALERIE DURANT, VALERIE SLP11041 4/30/2007 6 110 25TH ST -R/1 ZONE B DWYER, RICHARD DWYER, RICHARD SLP10315 1/31009 6 406 OCEAN FRONT E A DWYER, RICHARD DWYER, RICHARD SLP11011 1/31/2009 7 406 OCEAN FRONT E B ECONN, CAROL (COLLINS) EDLUND,DOUGLAS GOLUB, EDWARD ELLIOTT BEACH HOUSE ELLIOTT, JOHN & LAURA ELLIOTT, JOHN & LAURA GRAMPIAN PROPERTIES GRAMPIAN PROPERTIES ESCHER, WERNER & DIANE ERNEST ESPENSCHIED ESPOSITO, RANDY E' SITO, RANDY ETIENNE W.J. PAUL EVANS EVERAKES,ROBERT /ALEX EVERAKES,ROBERT /ALEX EVERETT,ANTOINETTE EVERETT, ANTOINE17E RICHARD C FARRELL FAIRFIELD TR, JACK H MODGAP LLC CHRIS FERRARIS FIELDS, "LES SHENANDOAH TRUST SHENANDOAH TRUST FINN, KEVIN & MADELEINE FINN, KEVIN & MADELEINE P EET PROPERTY S . ILLE PROPERTY FLAMM, DONALD CARLOS & DOROTHY FLORES MARY HALE FLORES FLYNN, MIKE FOLTZ GEORGE & BARBARA FOSTER, ROBERT ERIC & AMY FREIDENRICH FAMILY GERALD & JUDITH FRIEDMAN ECONN,CAROL EDLUND, DOUGLAS EDWARD GOLUB ELLIOTT, ELIZABETH ELLIOTT, JOHN & LAURA ELLIOTT, JOHN & LAURA ENGLISH; PETER ENGLISH, PETER ESCHER, WERNER & DIANE ESPENSCHIED, ERNEST ESPOSITO, RANDY ESPOSITO, RANDY ETIENNE W EVANS, PAUL/SCOTTIA EVERAKES,ROBERT EVERAKES, ROBERT EVERETT, ANTOINE17E EVERETT,ANTOINETTE FARRELL, RICHARD C FAULCONER MERLE FELDE, JOHN J FERRARIS, CHRIS FIELDS, LES FIELDS, LESLIE & KATRINA FIELDS, LESLIE & KATRINA FINN, KEVIN FINN, KEVIN FISHER, CHRISTINE AND GEORGE FISHER, CHRISTINE/GEORGE FLAMM DONALD FLORES, CARLOS FLORES, HENRY & MARY HALE FLYNN, MIKE FOLTZ, BARBARA FOSTER,ROBERT FREIDENRICH, ERIC FRIEDMAN, GERALD SLP10003 1/31/2009 8 222 COLLINS AVE SLPi0847 4/30/2007 10 6604 OCEAN FRONT W SLP10446 1/31/2009 8 2145 SEVILLE AVE -R/1 ZONE SLP11014 1/31/2009 8 3600 OCEAN FRONT W SLP10965 1/31/2009 10 126 29TH ST A SLP10966 1/31009 6 126 29TH ST B SLPi 1067 4130/2007 6 127 42ND ST A SLPi 1068 4/30/2007 8 127 42ND ST B SLP10958 4130/2007 6 2051/240THST SLP10607 4/30/2007 9 5407 SEASHORE DR -R/i ZONE SLPi 1135 4130/2007 18 510 OCEAN FRONT E SLP11136 413012007 14 510 OCEAN FRONT E SLP10396 1/31/2009 4 306 SAPPHIRE AVE 1/2 SLP10824 4/30/2007 6 333 ONYX SLP10131 4/302007 8 220 GARNET AVE B SLP10925 4130/2007 6 220 GARNET AVE A SLP10110 413012007 6 1011 BALBOA BLVD E (1010 OF E) A SLP10111 4/30/2007 9 1011 BALBOA BLVD E (1010 OF E) B SLP10700 4130/2007 8 516 OCEAN FRONT W -R/i ZONE SLP10376 4130/2007 13 310 RIALTO SLP10262 1/31/2009 8 1726 OCEAN FRONT W SLP10672 413012007 8 221 CORAL AVE SLPi i 118 4130/2007 9 118 28TH ST B SLPi 1042 4/30/2007 6 109 30TH ST A SLP11043 4/30/2007 7 109 30TH ST B SLP10204 4/30/2007 7 118 31ST ST A SLP10205 4/30/2007 7 118 31ST ST B SLP10446 4130/2007 10 406 M ST4VII ZONE SLP10447 4/3012007 10 408 SEVILLE AVE -R/1 ZONE SLP10137 1/31/2009 6 224 GRAND CANAL #A SLP11085 1/31/2009 8 1313 BAY AVE W SLP10474 1/31/2009 6 224 APOLENA AVE SLP10798 00!2007 8 2802 OCEAN FRONT W SLP11026 1/31/2009 8 119 30TH ST SLP10954 1/31/2009 8 404 OCEAN FRONT E B SLPi 1075 4/30/2007 8 303 APOLENA AVE SLP11081 430/2007 7 122 OCEAN FRONT E -R/i ZONE JEFF FRIEDMAN FRIEDMAN, JEFF SLP10656 1/31/2009 8 3704 CHANNEL PL DEBBIES BEACH HOUSE GALE, DEBRA & RANDAL C SLP10414 4/30/2007 8 3800 SEASHORE DR A DEBBIES BEACH HOUSE GALE, DEBRA & RANDAL C SLP10415 4/30/2007 10 3800 SEASHORE DR B AMELIA GARCIA GARCIA, AMELIA SLP10520 4/30/2005 9 3703 BALBOA BLVD W GARG, LORENE & SHUSH[ GARG, SUSHIL SLP10812 4/30/2007 7 2000 OCEAN FRONT W GARRETT, GAREY GARRETT, GAREY SLP10453 4/30/2007 8 131 TOPAZ AVE GATES, ED & KRISTINE GATES, ED & KRISTINE SLP10448 4/30/2005 6 441 SEVILLE AVE -Rh ZONE ED AND KRISTINE GATES GATES, ED & KRISTINE SLP11037 4/30/2007 8 3401 SEASHORE DR GATES, ED & KRISTINE GATES, ED & KRISTINE SLP11142 4/30/2007 8 2005 OCEAN BLVD -R/1 ZONE GATES, KRISTINE GATES, KRISTINE SLP11116 4/3012007 0 1532 MIRAMAR Gil MORE PROPERTIES GILMORE PROPERTIES SLP10296 4/30/2007 0 3104 OCEAN FRONT W A G , )RE PROPERTIES GILMORE PROPERTIES• SLP10297 4/30/2007 8 3104 OCEAN FRONT W B GILMORE PROPERTIES GILMORE PROPERTIES SLP10298 4/30/2007 6 2912 OCEAN FRONT W A GILMORE PROPERTIES GILMORE PROPERTIES SLP10299 4/30/2007 8 2912 OCEAN FRONT W B GILMORE PROPERTIES GILMORE PROPERTIES SLP10300 4/30/2007 8 219 BALBOA BLVD E A GILMORE PROPERTIES GILMORE PROPERTIES SLP10301 4/30007 8 219 BALBOA BLVD E B GLANCE, PAT GLANCE, PAT SLP10421 1/31/2009 14 4309 SEASHORE DR 1/2 GOCKE, GREGORY GOCKE, GREGORY SLP10092 4/3012004 8 123 SAPPHIRE AVE CHRISTINE GOETHALS GOETHALS, CHRISTINE SLP10239 4/30/2007 12 104 OCEAN FRONT E -R/1 ZONE PHILIP & JULIA GOLD GOLD, PHILIP SLP10920 4/3012007 0 127 SAPPHIRE . GOODMAN, GARY GOODMAN, GARY SLP10426 1/31/2009 15 4600 SEASHORE DR A G REALITY LLC GOODMAN, GARY SLP10841 430/2007 8 3707 SEASHORE DR A A G REALITY LLC GOODMAN, GARY SLP10842 4/30/2007 11 3707 SEASHORE DR B 4407 SEASHORE DRIVE LOWER UNPTGRABLE, GREGG N SLP10723 1/31/2009 6 4407 SEASHORE DR LOWER GRAHAM, DON GRAHAM, DON SLP10786 1P31/2009 6 5312 SEASHORE DR A THE GRECO CO GRECO, STEVE SLP10755 4/=007 8 1904 OCEANFRONT W -R/1 ZONE GP°ENBERG, DAVID GREENBERG, DAVID SLP11104 4/30/2007 9 4909 SEASHORE DR -R/1 ZONE E �, INFIELD FAMILY TRUST GREENFIELD•PETER SLP10249 1/31/2009 8 1224 OCEAN FRONT W -R/1 ZONE GREGORIUS, JOAN H GREGORIUS, JOAN H SLP10666 4/30/2007 4 1405 BAY FRONT N GRIME GRIME GRIME, GREG SLP10391 1/31/2009 6 107 SAPPHIRE AVE SYSTEMS 1000 INC GUCCIARDO, JAMES F ' SLP10758 4/30/2007 6 511 BALBOA BLVD E B SYSTEMS 1000 PROPERTIES GUCCIARDO, JAMES F. SLP11046 430007 7 400 OCEAN FRONT E A SYSTEMS 1000 PROPERTIES GUCCIARDO, JAMES F. SLP11047 4/30/2007 6 400 OCEAN FRONT E B JERRY HADDOW HADDOW, JERRY SLP11072 4/3012007 7 212 RUBY AVE HAGEMEYER HAGEMEYER WILLIAM SLP10062 1/31/2009 8 117 DIAMOND AVE 01/2 3703 SEASHORE DRIVE HAJJAR, GEORGE SLP10127 1/31/2009 6 3703 SEASHORE DR A 3703 SEASHORE DRIVE HAJJAR, GEORGE SLP10128 1/31/2009 10 3703 SEASHORE DR B KART RENE HALL HALL, KARI RENE SLP10726 4/30/2006 6 216 ONYX AVE KART RENE HALL HALL, KARI RENE SLP10726 41=005 4 216 ONYX AVE 112 JAMES HAMILTON HAMILTON, JAMES SLP10289 430/2007 6 216 OCEAN FRONT E COASTLINE PROPERTIES/PHIL HANK HANKINS, PHIL SLP10159 4/30/2007 8 115 34TH ST #A A NEWPORT BEACH FUN IN THE SUN HANNA, ALBERT SLP10273 1/31/2009 6 1918 OCEAN FRONT W -R/1 ZONE HARRIMAN, HAROLD C AND ANNE S HARRIMAN, ANNE SLP10260 4130/2007 8 1720 OCEAN FRONT W HARRIMAN, HAROLD & ANNE HARRIMAN, ANNE SLP10748 41'30/2007 6 413 BALBOA BLVD E A HARRIMAN, HAROLD & ANNE HARRIMAN, ANNE SLP10749 4/30/2007 4 413 BALBOA BLVD E B HARRIMAN, HAROLD & ANNE HARRIMAN, ANNE SLP10750 4/30/2007 6 415 BALBOA BLVD E A HARRIMAN, HAROLD & ANNE HARRIMAN, ANNE SLP10761 4/30/2007 4 415 BALBOA BLVD E B BERT & JOYCE HARRIS HARRIS, BERT & JOYCE SLP10364 1/31/2009 3 124 PEARL AVE 112 F. � JSON, PAT HARRISON SLP10971 4/30/2007 6 415 EDGEWATER PL HA�&, RICHARD & KIM HAUCH, RICHAR & KIM SLP10784 1/31/2009 7 821 BALBOA BLVD W A HAUCH, RICHARD & KIM HAUCH, RICHAR & KIM SLP10933 1/31/2009 8 821 BALBOA BLVD W B MICHAEL L HAWKINS HAWKINS, MICHAEL L SLP10674 1/31/2009 8 2019 OCEAN BLVD -R/1 ZONE HAYAMA, MIKIKO HAYAMA MIKIKO SLP10031 1/31/2009 4 106 28TH ST A HAYAMA, MIKIKO HAYAMA MIKIKO SLP10032 1/31/2009 6 10628TH ST B HAYAMA, MIKIKO HAYAMA, MIKIKO SLP10033 1/31/2009 4 108 28TH ST A HAYAMA, MIKIKO HAYAMA, MIKIKO SLP10034 1/31/2009 6 108 28TH ST B HAYTON, BRADLEY HAYTON, BRADLEY SLP10911 1/31/2009 3 217 35TH ST B HEIMSTAEDT, JEFF HEIMSTAEDT, JEFF SLP10069 1/31/2009 10 331 CRYSTAL AVE HELFERICH, FARAH HELFERICH, FARAH SLP10961 1/31/2009 10 112 42ND ST #A B HELFERICH, UDO HELFERICH, UDO SLP10058 1/31/2009 8 119 29TH ST B SO CAL HOT PROPERTIES HERMANNS, MIKE & KRISTINA SLP10706 1/3112008 8 10 TRIBUTE CT BAUER BALBOA RENTAL ASSOCIATEHESSE, BONNIE SLP11112 4/30/2007 4 113 EMERALD AVE RHS BALBOA INVESTMENTS LLC HEUSER, RICHARD/SHARON SLP10859 1/31/2009 10 229 OPAL AVE RC" ANDO HIDALGO HIDALGO, ROLANDO SLP10081 4/30/2007 8 107 G ST -R/1 ZONE I. 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SLP10861 1/31/2009 6 133 44TH ST B HOOD, GREGORY HOOD, GREGORY SLP10862 1/31/2009 6 128 45TH ST A HOOD, GREGORY HOOD, GREGORY SLP10863 1/31/2009 8 126 45TH ST B HOOD, GREGORY HOOD, GREGORY SLP10924 1/31/2009 8 123 CORAL AVE M C HORNING JR HORNING JR, M C SLP10009 4/30/2006 6 6 COLLINS ISLE -R/1 ZONE HOUDESHEL HOUSE HOUDESHEL III, HARRY SLP10449 4/30/2007 8 308 ALVARADO PL -Rll ZONE HOUDESHEL HOUSE HOUDESHEL III, HARRY SLP10460 4/30/2007 8 308 ALVARADO PL -Rll ZONE 1/2 DEBORAH HOWARD HOWARD, DEBORAH SLP10893 1/31/2009 7 2008 OCEAN FRONT W A DEBORAH HOWARD HOWARD, DEBORAH SLP10894 1/31/2009 7 2008 OCEAN FRONT W B HUETINCK, JOHN HUETINCK, JOHN SLP10023 4/30/2007 6 308 CORONADO ST -Rll ZONE HYATT REC FAMILY TRUST AUG 84 HYATT JOSEPH SLP10116 4/30/2007 5 110 31 ST ST 1/2 HYATT, JOHN & HERLINDA HYATT, JOHN J SLP10117 4/30/2007 8 112 31ST ST A HYATT, JOHN & HERLINDA HYATT, JOHN J SLP10118 4/30/2007 8 112 31ST ST B IRWIN, ALBERT M & LOIS M IRWIN ALBERT SLP10264 1/31/2009 4 1802 OCEAN FRONT W 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4/30/2007 8 106 30TH ST A APARTMENT A APARTMENT B JOHNSON CHARLES SLP10536 4/30/2007 10 106 30TH ST B DAVE C JOHNSON VACATION RENTAJOHNSON, DAVE C SLP10731 4/30/2005 6 1811 BALBOA BLVD W A DAVE C JOHNSON VACATION RENTA JOHNSON, DAVE C SLP10732 4/30PP005 6 1811 BALBOA BLVD W B Df''S C JOHNSON VACATION RENTA JOHNSON, DAVE C SLP10733 43012005 6 1811 BALBOA BLVD W C W JOHNSON JOHNSON, HENRY SLP10323 1/31/2009 6 2202 OCEAN FRONT W ROBERT/NANCY JOHNSTON JOHNSTON, ROBERT/NANCY SLP10897 1/31/2009 8 12927TH ST A ROBERT/NANCY JOHNSTON JOHNSTON, ROBERT/NANCY SLP10898 1/31/2009 10 129 27TH ST B TON, INC JOHNSTON, ROLLAND GENE SLP10048 1/31/2009 8 1925 COURT AVE -R/1 ZONE A TON, INC JOHNSTON, ROLLAND GENE SLP10049 1/31/2009 8 1925 COURT AVE -Rll ZONE B TON, INC JOHNSTON, ROLLAND GENE SLP10050 1/31/2009 6 1925 COURT AVE -Rll ZONE C JOHNSTONE, SHIRLEY JOHNSTONE SHIRLEY SLP10171 4/30/2007 6 312 ISLAND AVE -Rll ZONE JONES, MATTHEW O JONES MATTHEW SLP10425 4/30/2007 6 4901 SEASHORE DR -Rll ZONE TRACY 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1116 BALL SO jBLVD E -R/1 ZONE 118 38TH ST LLC KELLY, KEVIN SLPi 1/31/2009 8 12 206 ONYX AVE KENNEY, H WESLEY & HEATHER N KENNEY H WESLEY SLP10338 SLP11129 4/30/2007 1/31/2009 8 5305 SEASHORE DR -R/1 ZONE A MCARTHY FAMILY TRUST/KEVIN MCARTHY FAMILY TRUSTIKEVIN KEVIN MCCARTHY KEVIN MCCARTHY SLP11130 1/31/2009 8 5305 SEASHORE DR -R/1 ZONE B KHALIFS, DR MOHAMMED KHALIFS DR MOHAMMED SLP10141 4/30/2007 6 107 33RD ST A 107 33RD ST B KHALIFE, DR MOHAMMED KHALIFE DR MOHAMMED 142 SLP10 402007 4/30/2007 8 8 1616 OCEAN FRONT W A KIDD, DENNIS KIDD, DENNIS KIDD, DENNIS KIDD, DENNIS SLP10698 4/30/2007 8 1616 OCEAN FRONT W B KIDD, DENNIS KIDD, DENNIS SLP10821 4/3012007 8 1906 OCEAN FRONT W -R/1 ZONE KING, JOSEPHINE D KING, JOSEPHINE SLP10513 4130/2007 11 125 45TH ST KING, JOSEPHINE D KING, JOSEPHINE SLP10514 4/30/2007 4130/2007 11 6 125 46TH ST 1/2 1800 OCEAN FRONT W ALEXANDRIA RENTAL ALEXANDRIA RENTAL KIROLOS, KARL KIROLOS, KARL SLP10828 SLP10914 4/30/2007 6 1800 OCEAN FRONT W 1/2 KI .R FAMILY 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34TH ST B MORAMARCO, MR & MRS M MORAMARCO SLP10014 1/31/2009 4 113 CORAL AVE 1/2 MORAMARCO, MR & MRS M MORAMARCO SLP10683 1/31/2009 4 113 CORAL AVE MORAMARCO, MICHAEL MORAMARCO, MICHEL SLP10017 1/31/2009 8 112 APOLENA AVE MORAMARCO, MICHAEL MORAMARCO, MICHEL SLP10018 1/31/2009 8 112 APOLENA AVE 1/2 MORGAN, THOMAS H MORGAN, THOMAS H SLP10769 4/30/2007 0 2108 OCEANFRONT E -R/1 ZONE MORRIS, ROBERT R & HIRST, AUDR MORRIS RBT P & HIR SLP10287 1/31/2009 9 11946TH ST MORRIS, ROBERT R & HIRST, AUDR MORRIS RBT P & HIR SLP10288 1/31/2009 6 119 48TH ST 1/2 MORRIS, JEFF MORRIS, JEFF SLP10436 4130/2W7 8 6409 SEASHORE DR -R/1 ZONE M ``,,IISON, TED E MORRISON, TED SLP10491 1/31/2009 6 127 BALBOA BLVD E-R/1 ZONE QPd PARTNERS LP MORROW, JOHN SLP10835 4Pd0/2007 8 1506 BAY FRONT S M M PROPERTIES MORTAZAI, MOSES SLP10718 4/330/2007 4 2406 OCEAN FRONT W -R/1 ZONE MOTT FAMILY -MARY LEE MOTT MOTT FAMILY SLP10567 4/30!2007 8 1510 BAY FRONT S JANIS A MOODY MOODY, JANIS A SLP10022 4/30/2007 8 114 27TH ST- R/1 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MINAXI G PATEL, MD MINAXI G PATEL, MD ASKIN NEWPORT LLC NEWPORT 1007 LLC NEWPORT 1007 LLC PEREIRA, ALEXANDRA PEREIRA, ALEXANDRA PERNECKY, SALLY E NORLUND, MARCIA O'BRIEN PHILIP O'BRIEN, DENNIS O'BRIEN, VERL R O'BRIEN, VERL R O'KEEFE, KATHERINE M O'NEAL HAROLD O'NEAL HAROLD OHANESIAN, DR. SAKO OHANESIAN, DR. SAKO OLIVE H ORTH- SIEWERT LIVING TR OLIVER RICHARD OLS% 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 8 218 SAPPHIRE AVE SLP10572 4/30/2007 6 520 BAY FRONT S SLP10573 4/30/2007 8 520 BAY FRONT S 112 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 4/30N2007 9 325 MEDINA WAY SLP10054 4/30/2007 6 219 CRYSTAL AVE SLP10596 1/31009 8 3511 SEASHORE DR SLP10025 4/3012007 8 117 27TH ST SLP10026 4/30/2007 8 117 27TH ST 1/2 SLP10917 430/2007 0 117 EMERALD AVE SLPi 1038 4/30/2007 7 1627 BALBOA BLVD W #1/2 B SLP10636 4/30007 10 1222 BALBOA BLVD E -R/1 ZONE SLP10560 1/31/2009 6 314 ONYX AVE SLP10561 1/31/2009 8 314 ONYX AVE 1/2 SLP10684 4/30/2007 8 205 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 4130/2007 8 514 OCEAN FRONT E D SLP10843 4/3012007 4 3102 OCEAN FRONT W SLP10661 1/31/2009 10 4715 RIVER AVE SLP10662 1/31/29 10 4715 RIVER AVE 1/2 SLP10346 4/30/2007 8 107 OPAL AVE 1/2 SLP10325 1/31/2009 8 7002 OCEAN FRONT W A SLP10326 1/31/2009 10 7002 OCEAN FRONT W B SLP10923 4/30/2007 9 118 40TH ST A SLP10685 00/2007 0 1007 BALBOA BLVD E 4 SLP10686 4/30/2007 6 1007 BALBOA BLVD E 5 SLP10946 4/30/2007 6 12741ST ST SLP10947 4/30/217 6 12741ST ST #1/2 SLP10420 00/2007 8 4305 SEASHORE DR PETERS, HOMER (SAPPHIRE) PETERS, HOMER SLP10394 1/31/2009 6 217 SAPPHIRE AVE YOUR HOME AT THE BEACH PETRILLI, JAMES SLP10317 4/30)2007 10 504 OCEAN FRONT E YOUR HOME AT THE BEACH PETRILLI, JAMES SLP10318 4/30/2007 6 504 OCEAN FRONT E 112 PHILLIPS, MARY JO PHILLIPS, MARY JO SLP10684 4/30/2007 8 2214 OCEAN FRONT W POPLETT, KEITH R POPLETT, KEITH R SLP10528 4/3012007 12 109 35TH ST UPSTAIRS POPLETT, KEITH R POPLETT, KEITH R SLP11069 430/2007 12 109 35TH ST DOWNSTAIRS PORRETTA, PHILIP P & GERALDINE PORRETTA PHILIP SLP10234 1131/2009 8 117/119 45TH ST 117 -LOWER PORRETTA, PHILIP P & GERALDINE PORRETTA PHILIP SLP10235 1/31/2009 12 117/119 45TH ST 119 -UPPER PORTZ, STEVE & SUSIE PORTZ, STEVE SLP11007 4/3012007 0 2312 OCEAN FRONT W -R/1 ZONE POUND, MARK POUND, MARK SLP10207 1/3112009 6 115 42ND ST A POI IND, MARK POUND, MARK SLP11122 1/3112009 10 4910 NEPTUNE A P('\ A MARK & KIM POUND, MARK & KIM SLP10113 1/3112009 10 5004 SEASHORE DR B POUND, MARK & KIM POUND, MARK & KIM SLP10877 1/3112009 8 5004 SEASHORE DR A PROUD, GAY PROUD, GAY SLP10752 1/31/2009 6 1300 BAY FRONT S RADZAT IRREVOCABLE TRUST RADZAT, GARY F SLP11074 4/30(2007 7 321 AMETHYST RAINEY, A & D RAINEY DIANNE SLP103M 413012007 12 3110 OCEAN FRONT W #B RANGER RANGER, ROBERT & YAZMIN SLP10443 4130)2007 10 3710 SEASHORE DR C A RASMUSSEN COMPANY LLC RASMUSSEN, C DEAN SLP10952 4!3012007 8 544 BAY FRONT S JAMES & JEANNE RASMUSSEN RASMUSSEN, JAMES & JEANNE SLP11132 4/30/2007 6 300 GRAND CANAL RAWSON, KENNETH & CARMEN RAWSON SLP10038 413012007 8 109 28TH ST 112 RAWSON, KENNETH & CARMEN RAWSON SLP10698 4/30/2007 8 10928TH ST RAWSON, KENNETH & CARMEN RAWSON SLP10039 4/30/2007 12 111 37TH ST A RAWSON, KENNETH & CARMEN RAWSON SLP10D40 4/30/2007 18 111 37TH ST B RAWSON, KENNETH & CARMEN RAWSON KENNETH SLP10035 0012007 10 1712 OCEAN FRONT W A RAWSON, KENNETH & CARMEN RAWSON KENNETH SLP10036 4/30/2007 9 1712 OCEAN FRONT W B RAWSON, KENNETH & CARMEN RAWSON KENNETH SLP10037 4/30/2007 0 1712 OCEAN FRONT W C RF"NOLDS, BRUCE REYNOLDS SLP10919 4/30/2007 6 123 AMETHYST AVE 112 F. SHORES RIALTO SHORES SLP.10478 4/30/2007 8 1005 BALBOA BLVD E RICHARDSON, MARILYN RICHARDSON MARILYN SLP10381 4/30/2007 4 206 AGATE AVE TY RIES RIES, TY SLP10M 1131/2009 8 1105 BAY AVE W DENISE C & MARTIN 0 RILEY RILEY, DENISE SLP10387 4/30/2007 6 311 RUBY AVE CHARLES AND BETTY RIPLEY RIPLEY, CHARLES & BETTY SLP11123 4!30/2007 7 1005 BAY FRONT N 540 JEAN RITTER/MARILU HOGEBOO RITTER, JEAN/HOGEBOOM, MARILOISLP10399 4130/2007 8 540 BAY FRONT S RONALD W ROHRER ROHRER, RONALD SLP11028 4130/2007 7 317 RUBY AVE RONALD W ROHRER ROHRER, RONALD SLP11070 4/30/2007 3 317 RUBY AVE 112 RALPH & ALTA ROMO ROMO, RALPH & ALTA SLP10456 1/31/2009 8 120 TURQUOISE AVE ROSTEN, DAVID ROSTEN, DAVID SLP10479 4/30/2007 6 1009 BALBOA BLVD W A ROSTEN, DAVID ROSTEN, DAVID SLP11050 4/30/1007 6 1009 BALBOA BLVD W B ROWLAND, OSCAR ROWLAND, OSCAR SLP10929 4!3012007 0 129 G ST -R/1 ZONE RUDE, LINDA RUDE LINDA SLP10400 4/30/2007 8 3310 SEASHORE DR THE NEWPORT BEACH HOUSE.COM RUDOLPH, GEOFF SLP10M 4/3012007 12 4508 BALBOA BLVD W #A THE NEWPORT BEACH HOUSE.COM RUDOLPH, GEOFF SLP10938 4/30/2007 12 4508 BALBOA BLVD W #B RUSSELL ENTERPRISES RUSSELL ENTERPRISES SLP10545 4/30/2007 10 5107 SEASHORE DR -R/1 ZONE RUTHERFORD, JAMES RUTHERFORD, JAMES SLP10013 4/30/2007 8 115 26TH ST40 ZONE RYDMAN, JACK RYDMAN, JACK SLP11103 1/31/1009 7 207 CRYSTAL AVE LANDIS SISTERS SALLY LANDIS & BETTE SUE WALTE SLP10386 40/1007 8 227 AGATE AVE 112 SANTELL, DANIEL SANTELL SLP11128 1/31/2009 8 3314 OCEAN FRONT W SARr•HET, JEREMY SARCHET, JEREMY A SLP10876 4/30/2007 6 1704 PARK AVE S, ,SAY ASSOCIATES SAVARY, SUZANNE SLP10982 4/30/2007 6 118 MARINE AVE J & A BEACH FRONT LLC SAYLOR, JOHN SLP11089 1/31/2009 8 6407 SEASHORE DR JACK AND CAROL SCHICKETANZ SCHICKETANZ, JACK & CAROL SLP11114 4/30/2007 6 123 PEARL AVE A JACK AND CAROL SCHICKETANZ SCHICKETANZ, JACK & CAROL SLP11116 4/30/1007 2 123 PEARL AVE B MELISS AND ERIC SCHMAND SCHMAND, ERIC & MELISSA SLP10729 4/30/2007 8 124 27TH ST -R/1 ZONE MELTS$ AND ERIC SCHMAND SCHMAND, ERIC & MELISSA SLP10730 4/30/2007 6 124 27TH ST -R/1 ZONE 1/2 SCHNEIDER, ARNOLD J SCHNEIDER, CIO RICHARD SCHNEIESLO10360 4!3012005 7 1706112 PARK AVE SOUTH SWELL RENTALS SCHOONOVER, ERIC SLP10260 4/30/2007 6 1400 OCEAN FRONT W #A SOUTH SWELL RENTALS SCHOONOVER, ERIC SLP10261 4/30/2007 6 1400 OCEAN FRONT W #B PACIFIC SEA PROPERTIES SCHUMACHER, LAURYL SLP10953 1/31/2009 7 20732ND ST SCOLINOS, HARRY & CONNIE SCOLINOS SLP10581 1/31/2009 8 325 DIAMOND AVE SCOLINOS, HARRY & CONNIE SCOLINOS SLP10582 4/30/2007 4 325 DIAMOND AVE 112 SELTERS, JOHN B SELTERS JOHN SLP10041 4/30/2007 8 110 28TH ST #B SELTZ, DOROTHEA SELTZ DOROTHEA SLP10091 4/3012007 6 722 OCEAN FRONT W -R/1 ZONE BRENT SEPULVEDA SEPULVEDA, BRENT SLP11110 1/31/2009 7 1721 BALBOA BLVD W A. SN" ?IRO, WILLIAM M SHAPIRO, WILLIAM SLP1.0794 1/31/2009 15 122 33RD ST TRUST HOLDING LLC SHEPARD, ROBERT K SLP11020 4/3012007 8 127 46TH ST A MESA TRUST HOLDING LLC SHEPARD, ROBERT K SLP11021 4/3012007 8 127 46TH ST B SHERREITT, DAVID SHERREITT DAVID SLP10042 4/30/2007 12 120 28TH ST SHERREITT, DAVID SHERREITT DAVID SLP10048 4/30/2007 10 120 28TH ST 112 SHIM REALTY SHIEK RUSSELL SLP10184 1/31/2009 6 125 38TH ST SHULTZ, GEORGE E SHULTZ, BETTY SLP10858 1/31/2009 6 337 CRYSTAL AVE 12 SHULTZ, GEORGE E SHULTZ, BETTY SLP11149 1/31/2009 7 337 CRYSTAL AVE SIGAL & LIGHTHOUSE SIGAL, PHILIPPE & HELEN SLP10908 0012007 10 600 OCEAN FRONT E #2F SISCO, GEORGE SISCO, GEORGE SLP10508 4/30/2007 8 1133 BALBOA BLVD W A SISCO, GEORGE SISCO, GEORGE SLP10609 4/3012007 8 1133 BALBOA BLVD W B VLADIMIR SKORO SKORO, VLADIMIR SLP10862 1/31/2009 6 200 DIAMOND SMITH, DARQIN & PATRICIA SMITH DARQIN & PA SLP10553 1/31/2009 6 816 BAY AVE W A SMITH, DARQIN & PATRICIA SMITH DARQIN & PA SLP11148 1/31/2009 6 816 BAY AVE W B SMITH, HOLLY & PETER SMITH, HOLLY M SLP10206 4/30/2007 8 4906 NEPTUNE AVE BAYS 11 SMITH, LAWRENCE E SLP10970 1/31/2009 12 1101 BAY AVE W SMITH, TERRY SMITH, TERRY A SLP10500 4/30/2007 5 1608 BALBOA AVE SNOWDEN, DANIEL SNOWDEN, DANIEL SLP10201 4/30/2007 6 12041ST ST MR & MRS NORMAN SNYDER SNYDER SLP10649 1/31/2009 6 314 BAY AVE E -R/1 ZONE 1/2 BORK COMPANY SORK, MARK SLP10211 1/31/2009 8 4200 SEASHORE DR A BORK COMPANY SORK, MARK SLP10213 1/31/2009 8 4200 SEASHORE DR B SOROS, BARBARA SOROS, BARBARA SLP10655 1/31/2009 O 1903 BALBOA BLVD W -R11 ZONE #A S(l )S, BARBARA SOROS, BARBARA SLP10656 1/31/2009 0 1903 BALBOA BLVD W -R/i ZONE #B RONALD & JANIS SOTO SOTO, JANIS & RONALD SLP10707 4!30/2006 4 418 OCEAN FRONT E A RONALD & JANIS SOTO SOTO, JANIS & RONALD SLP10708 0012006 4 418 OCEAN FRONT E B RONALD & JANIS SOTO SOTO, JANIS & RONALD SLP10709 4/30/2006 4 418 OCEAN FRONT E C MATINA SOUTSOS SOUTSOS, MATINA SLP10716 1/31/2009 8 118 26TH ST -R/1 ZONE MATINA SOUTSOS SOUTSOS, MATINA SLP10716 1/31/2009 6 118 26TH ST -R/1 ZONE 1/2 SPENCER, BRIAN SPENCER, BRIAN & JOHN SLP10936 4/30/2007 0 109 34TH ST SPITZ, DOROTHY SPITZ, DOROTHY SLP10766 41=007 8 21.9 19TH ST SPITZ, DOROTHY SPITZ, DOROTHY SLP10767 4/30/2007 7 21919TH ST B KENT STAFFORD SUMMER RENTALS STAFFORD, KENT SLP10666 4/30/2007 O 126 41ST ST KENT STAFFORD SUMMER RENTALS STAFFORD, KENT SLP10913 4/30/2007 7 125 41 ST ST 1/2 STALEY, CATHERINE STALEY, CATHERINE SLP10471 4/30/2007 6 2314 OCEAN FRONT W -R/1 ZONE A STALEY, CATHERINE STALEY, CATHERINE SLP11141 4/30!2007 3 2314 OCEAN FRONT W -R/1 ZONE B STEBBINS, DAVID STEBBINS, DAVID SLP11066 1/31/2009 8 120 24TH ST A STEBBINS, DAVID STEBBINS, DAVID SLP11057 1/31/2009 8 120 24TH ST B ST °jN, ELLEN STEIN, ELLEN SLP10981 4!30/2007 8 3901 SEASHORE DR S ANIAN, SIRARPI STEPANIAN, SIRARPI SLP10119 4/3012007 6 117 31ST ST A ST PANIAN,SIRARPI STEPANIAN,SIRARPI SLP10120 4/3012007 8 11731STSTB JOHN & MARGARET STORCH STORCH, JOHN & MARGARET SLP10337 1/31/2009 7 310 CORONADO ST -R/1 ZONE STOVER, BYRON & DOROTHY -RESID STOVER BYRON J SLP10462 1131/2009 4 212 AMETHYST AVE RODNEY SUDBECK SUDBECK, RODNEY SLP11079 4130/2007 0 1016 BALBOA BLVD W #B SULLIVAN, EDWIN F SULLIVAN, EDWIN SLP10461 1/3112009 8 327 ALVARADO PL -R/1 ZONE . NEILL SULLIVAN SULLIVAN, NEILL SLP10302 1/31/2009 8 302 OCEAN FRONT E A NEILL SULLIVAN SULLIVAN, NEILL SLP10303 1/3112009 8 302 OCEAN FRONT E B ROBIN SVENDSEN SVENDSEN, KENNETH SLP11131 4/3012007 6 230 OPAL AVE (AKA 306 COLLINS) TAI, HENRY TSUTOMU MD PHD TAI, HENRY TSUTOMU MD PHD SLP11082 1/31/2009 7 506 OCEAN FRONT E A TAI, HENRY TSUTOMU MD PHD TAI, HENRY TSUTOMU MD PHD SLP11063 1/31/2009 8 506 OCEAN FRONT E B TALBOTT, MARILYN EPPERHEIMER, TALBOTT M & EPPERHE SLP10065 1/31/2009 8 206 DIAMOND AVE TALLMAN, JOSEPH TALLMAN, JOSEPH, SLP10027 1/31/2009 8 11927TH ST TALLMAN, JOSEPH TALLMAN, JOSEPH SLP10028 1/31/2009 8 119 27TH ST 1/2 PATRICIA ANN TANNENBAUM TANNENBAUM, PATRICIA SLP10021 1/31/2009 12 227 CORAL. AVE TARDIE, GERARD TARDIE, JERRY SLP10269 1/3112009 6 1900 OCEAN FRONT W -R/1 ZONE D & D TEITSCHEID PROPERTY RENT TEITSCHEID, DAN & DIANE SLP10767 4/30007 0 113 24TH ST -R/1 ZONE TETRAULT, SHARON TETRAULT, SHARON SLP11096 4!30007 7 126 GRAND CANAL TETRAULT, SHARON TETRAULT, SHARON SLP10876 4/30/2007 8 114 MARINE AVE JUSTIN THAVIRAT THAVIRAT, JUSTIN SLP11121 1/31/2009 12 118 43RD ST A THMS, JOSEPH S THEIS, JOSEPH SLP10899 4130007 8 128 AGATE TI,.^ NORMA L THOMAS NORMA SLP10617 1/31/2009 8 2129 BALBOA BLVD E -R/1 ZONE THOMAS, HILLARY THOMAS, HILLARY SLP10776 1/31/2009 8 1909 COURT AVE -R/1 ZONE JOANNE THOMAS - DORAN KOUGH THOMAS, JOANNE SLP10361 1/31/2007 8 1708 PARK AVE THURBER PROPERTY EDWARD & LITHURBER PROPERTY SLP10383 1/31/2009 8 218 AGATE AVE . THURBER PROPERTY EDWARD & LITHURBER PROPERTY SL.P10384 1/31!2009 6 218 AGATE AVE 111 TOLMAN, BARBARA TOLMAN, BARBARA SLP10882 4130/2007 10 4003 SEASHORE DR 1 TOLMAN, BARBARA TOLMAN, BARBARA SLP108M 4130/2007 12 4003 SEASHORE DR 2 TOLMAN, BARBARA TOLMAN, BARBARA SLP10884 4/30/2007 10 4001 SEASHORE DR 1 TOLMAN, BARBARA TOLMAN, BARBARA SLP10885 4%3012007 12 4001 SEASHORE DR 2 TOLMAN, BARBARA TOLMAN, BARBARA SLP10992 4P3012007 10 4607 SEASHORE DR TOLMAN, BARBARA TOLMAN, BARBARA SLP10993 4130/2007 12 4607 SEASHORE DR TOLMAN, BARBARA TOLMAN, BARBARA SLP10881 4/3011007 10 3516 SEASHORE DR TOLMAN, BARBARA TOLMAN, BARBARA SLP11004 4/30/2007 12 3516 SEASHORE DR TOLMAN, BARBARA TOLMAN, BARBARA SLP10694 4/39!2007 8 12428TH ST TOLMAN, BARBARA TOLMAN, BARBARA SLP10995 4130(2007 12 124 28TH ST TC' MAN, BARBARA TOLMAN, BARBARA SLP10998 41300M 10 4506 SEASHORE DR T�\IAN, BARBARA TOLMAN, BARBARA SLP10999 4/3012007 12 4605 SEASHORE DR TOLMAN, BARBARA TOLMAN, BARBARA SLP11000 4WM007 10 3214 OCEAN FRONT W TOLMAN, BARBARA TOLMAN, BARBARA SLP11001 4130/2007 12 3214 OCEAN FRONT W TOLMAN, BARBARA TOLMAN, BARBARA SLP11005 4/30/2007 10 4000 SEASHORE DR TOLMAN, BARBARA TOLMAN, BARBARA SLP11006 4130/2007 12 4000 SEASHORE DR TOLMAN, BARBARA TOLMAN, BARBARA SL.P11078 4130007 0 4412 SEASHORE DR TOLMAN, BARBARAIKENNETH TOLMAN, BARBARAIKENNETH SL.P10996 4/30007 10 117 46TH ST TOLMAN, BARBARAIKENNETH TOLMAN, BARBARA/KENNETH SLP10997 4130/2007 12 117 46TH ST TOOKOIAN, H & S TOOKOIAN HAGOP SLP10633 4/30!2007 6 1306 BAY AVE W TREMBLE, LISA TREMBLE LLC SLP10441 1/31/2009 0 6911 SEASHORE DR TRI- GLOBAL GROUP LLC TRI- GLOBAL GROUP LLC SLP10717 U31)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 430/2007 8 309 32ND ST B JAY TUFANO AND AARON MCKOWN TUFANO, JAY SLP11143 430/2007 10 124 35TH ST #1/2 A RICHARD UNGERLAND UNGERLAND, RICHARD SLP10008 1/31/2009 8 319 COLUNS 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 8 2006 OCEAN FRONT W A VANIAN, MARY VANIAN, MARY SLP10285 1/31/2009 6 2006 OCEAN FRONT W B VANIS, RICHARD VANIS, RICHARD SLP11006 4130007 10 209 AGATE AVE STEVE VARNER VARNER, STEVE SLP10029 4130/2007 7 327 ANADE AVE VI _JN VICKERS, WILLIAM W SLP10401 1/31/2009 6 341013412 SEASHORE DR B TERRY VINES VINES, TERRY SLP10372 4/30/2005 6 1081110 ADAMS ST A TERRY VINES VINES, TERRY SLP10373 4/302005 6 108/110 ADAMS ST B VISEL, JON J VISEL, JON J SLP10867 43012007 9 204 APOLENA AVE - ROBERT RYAN LLC VITT, RYAN A SLP10916 430/2007 0 112 24TH ST WACHTER FAMILY TRUST WACTER FAMILY TRUST, TIM SLP10719 4!3012007 4 3306 OCEAN FRONT W A WACHTER FAMILY TRUST WACTER FAMILY TRUST, TIM SLP11071 4/3012007 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 4r,42007 10 319 RUBY AVE JOHN R WAGNER WAGNER, JOHN R SLP10390 430/2007 8 319 RUBY AVE 1/2 WALTERS, ALBERT C WALTERS ALBERT SLP10527 43012007 6 1125 BAY AVE W WANG, MICHAEL WANG, MICHAEL SLP10754 430/2007 6 2308 OCEAN FRONT W -R/1 ZONE A WANG, MICHAEL WANG, MICHAEL SLP10765 4/30x007 8 2308 OCEAN FRONT W-R/I ZONE B WOQSERMANRESIDENSE WASSERMAN SLP10340 430/2005 6 225 ONYX AVE lA -RMAN, SCOTT WATERMAN, SCOTT SLP10948 00007 6 122 36TH ST A WA ?ERMAN, 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 SLP10667 4/30/2004 6 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!302007 0 125 24TH 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 SLP10676 1/31/2009 8 WICKLAND, VALERIE WICKLAND, VALERIE SLP11076 4/30/2007 6 R& C WICKRAMASEKARAN WICKRAMASCKARAN, R& C SLP10324 4/30/2007 6 WIESER, PHYLLIS LAKE WIESER, PHYLLIS LAKE SLP10343 4/3012007 8 WILLIAMS, VICTOR M WILLIAMS, VICTOR SLP10780 1/31/2009 6 WILLIAMS, VICTOR M WILLIAMS, VICTOR SLP10781 1/31/2009 7 WILLIAMSON, JANET J WILLIAMSON, JANET J SLP10571 1/31/2009 8 WILSON, BURTON L AND CHRISTEL WILSON BURTON SLP10002 4/3012007 6 WINDHAM, VAN /JULIE WINDHAM, VAN/JULIE SLP10214 1/31/2009 6 NBH, LLC WISE, SCOTT 3LP10673 4130/2007 8 JOY WITTE, JOY SLP10093 4/30/2007 4 JOY WITTE JOY SLP10094 4/30/2007 4 WI JOY WITTE, JOY SLP10095 4/30/2007 6 WILLIAM M PODLEY TRUST WM M PODLEY TRUST SLP11127 4/30)2007 10 WYNNE, CATHERINE WYNNE, CATHERINE SLP10409 4/30/2007 7 YEE, JASON YEE, JASON SLP10261 4/30/2007 6 YOUNG, ERIC YOUNG, ERIK SLP10628 413012007 6 YOUNG, ERIC YOUNG, ERIK SLP10629 4130127 6 YOUNGLOVE, BEN YOUNGLOVE, BEN SLP11018 1/31/2009 10 YOUNGLOVE, HOWARD YOUNGLOVEINORDLUND SLP10762 4/30/2007 10 WILLIAM YOUPEL YOUPEL, WILLIAM SLP11048 4=007 12 WILLIAM YOUPEL YOUPEL, WILLIAM SLP11049 4/30/2007 2 YUSEM, DAVID YUSEM, DAVID SLP11109 4/30/2007 6 ZAKI, NAGI ZAKI, NAGY SLP10799 4/30/2007 7 ZAKI, NAGI ZAKI, NAGY SLP10800 4/30/2007 7 Total Beds Licensed 5739 Avermae per Unt 1.164794 2910 OCEAN FRONT W #A 1518/1520 ABALONE PL 6802 OCEAN FRONT W 308 ONYX AVE 112 310 ALVARADO PL -R11 ZONE A 310 ALVARADO PL -R11 ZONE B 311 BAY FRONT N 112 115 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 -R11 ZONE 1220 OCEAN FRONT W -R/1 ZONE A 107 24TH ST -R11 ZONE A 107 24TH ST -R11 ZONE B 123 ONYX AVE 3310 OCEAN FRONT W A 3310 OCEAN FRONT W B CURTIS & DEBBIE URELL WESSELN WICKLAND, VALERIE R & C W ICKRAMASEKARAN WIESER, PHYLLIS LAKE WILLIAMS, VICTOR M WILLIAMS, VICTOR M W ILLIAMSON, JANET J WILSON, BURTON L AND CHRISTEL WINDHAM, VAN / JULIE NBH, LLC 4 TE, JOY L JOY Wim JOY WILLIAM M PODLEY TRUST WYNNE, CATHERINE YEE, JASON YOUNG, ERIC YOUNG, ERIC YOUNGLOVE, BEN YOUNGLOVE, HOWARD WILLIAM YOUPEL WILLIAM YOUPEL YUSEM, DAVID ZAKI, NAGI ZAKI, NAGI 1 W ESSELN, CURTIS WICKLAND, VALERIE W ICKRAMASCKARAN, R & C WIESER, PHYLLIS LAKE WILLIAMS, VICTOR WILLIAMS, VICTOR WILLIAMSON, JANET J WILSON BURTON WINDHAM, VAN/JULIE WISE, SCOTT W ITTE, JOY W ITTE, JOY WITTE, JOY WM M PODLEY TRUST WYNNE, CATHERINE YEE, JASON YOUNG, ERIK YOUNG, ERIK YOUNGLOVE, BEN YOUNGLOVE/NORDLUND YOUPEL, WILLIAM YOUPEL, WILLIAM YUSEM, DAVID ZAKI, NAGY ZAKI, NAGY SLP10976 WI/2009 SLP11076 4/30/2007 SLP10324 4/30/2007 SLP1030 4/30/2007 SLP10780 1/31009 SLP10781 1/31/2009 SLP10571 MIM9 SLP10002 4/30/2007 SLP10214 MM009 SLP10673 4/30/2007 SLP10093 4/30/2007 SLP10094 4130/2007 SLP10096 4/30/2007 SLP11127 4/30/2007 SLP10409 4/30/2007 SLP10261 4/30/2007 SLP10628 4/30/2007 SLP10629 4/02007 SLP11018 Mir"9 SLP10762 4/30/2007 SLP11048 4/30!2007 SLP11049 4/30/2007 SLP11109 4/30/2007 SLP10799 4/30/2007 SLP10800 4/30/2007 Total Beds Licensed Average nor Unt 8 8 6 6 6 7 4 4 6 10 7 8 8 B 10 10 12 2 6 7 7 5739 7.164794 2910 OCEAN FRONT W #A 1518M620 ABALONE PL 6602 OCEAN FRONT W 308 ONYX AVE 1/2 310 ALVARADO PL -RII ZONE A 310 ALVARADO PL -RII ZONE B 311 BAY FRONT N 1/2 116 24TH ST -RII ZONE 12643RD ST III 42ND ST 107 30TH ST A 107 30TH ST B 107 30TH ST C 116 ABALONE AVE 3616 SEASHORE DR 1722 OCEAN FRONT W 125 30TH ST A 126 30TH ST B 1212 OCEAN FRONT W -RII ZONE 1220 OCEAN FRONT W -R /i ZONE A 107 24TH ST -RII ZONE A 107 24TH ST -R11 ZONE B 123 ONYX AVE 3310 OCEAN FRONT W A 3310 OCEAN FRONT W B CAL LAW Select 'Print' in your browser menu to print this document. 02007 Cal Law Page printed from: ham:/ /www.callaw.com Back to Decision Opinion of Edmund G. Brown Jr. 07-601 Cite as 07 C.D.O.S. 14507 OPINION of EDMUND G. BROWN ]R., Attorney General GREGORY L. GONOT, Deputy Attorney General No. 07 -601 Office of the Attorney General, State of California COUNSEL Filed December 18, 2007 THE HONORABLE TOM HARMAN, MEMBER OF THE STATE SENATE, has requested an opinion on the following questions: 1. May the Department of Alcohol and Drug Programs deny an application for licensure or suspend or revoke the license of an alcoholism or drug abuse treatment facility because the particular community already has more than a sufficient number of treatment facilities to meet the local need 2. May a city limit the establishment of alcoholism or drug abuse treatment facilities serving six or fewer persons because the particular community already has more than a sufficient number of treatment facilities to meet the local need CONCLUSIONS L The Department of Alcohol and Drug Programs may not deny an application for licensure or suspend or revoke the license of an alcoholism or drug abuse treatment facility because the particular community already has more than a sufficient number of treatment facilities to meet the local need. 2. A city may not limit the establishment of alcoholism or drug abuse treatment facilities serving six or fewer persons because the particular community already has more than a sufficient number of treatment facilities to meet the local need. ANALYSIS The Department of Alcohol and Drug Programs (Health & Saf. Code, § 11750; "Department ")[FOOTNOTE 11 licenses residential facilities that provide nonmedical recovery, treatment, and detoxification services for users of alcohol and other drugs. ( §§ 11834.01 - 11834.50; Cal. Code Regs., tit. 9, §§ 10500 - 10631; 76 Ops.Cal.Atty.Gen. 173, 175 (1993).) Such a treatment facility is defined as "any premises, place, or building that provides 24 -hour residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services." (§ 11834.02, subd. (a); see Cal. Code Regs., tit. 9, § 10501.) These treatment facilities are different from residential care facilities that are subject to the California Community Care Facilities Act ( §§ 1500 - 1567.8) and from facilities that simply provide a cooperative living arrangement for persons recovering from alcohol and other drug problems. The latter "sober living environments" are not subject to licensing by the Department. We are asked to determine whether the Department has the authority to deny an application for operating a treatment facility because the particular community already has more than a sufficient number of treatment facilities to meet the local need. Additionally, may a city limit the number of treatment facilities within its jurisdiction to prevent an overconcentration of such facilities 1. Department's Authority to Deny Licenses With respect to the scope of the Department's authority to limit the licensing of treatment facilities, we will assume that the extent of the local need is ascertainable through an appropriate fact - finding process, and the determination will be based upon the incidence of alcoholism and drug abuse and the percentage of substance abusers seeking treatment in the community. What authority does the Department have to prevent an overconcentratlon of treatment facilities in a particular locality . Section 11834.01 states In part: The department has the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities. (a) In administering this chapter, the department shall issue new licenses for a period of two years to those programs that meet the criteria for licensure set forth In Section 11834.03. Section 11834.03, in turn, provides: Any person or entity applying for licensure shall file with the department, on forms provided by the department, all of the following: (a) A completed written application for licensure. (b) A fire clearance approved by the State Fire Marshal or local fire enforcement officer. (c) A licensure fee, established in accordance with Chapter 7.3 (commencing with Section 11833.01). Accordingly, each licensure applicant must complete an application form, obtain a fire clearance, and pay a fee to the Department. (See also § 11834.09, subd. (b).) Sections 11834.01 and 11834.03 provide no authority for the Department to deny a license because the community already has an overconcentration of such facilities. The Department is also authorized to determine "that the prospective licensee can comply with this chapter and regulations adopted pursuant to this chapter" before issuing a license. (§ 11834.09, subd. (a).) Subdivision (c) of section 11834.09 states: Failure of the prospective licensee to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the prospective licensee's application for licensure. Thus, a prospective licensee may be denied a license if he or she fails to demonstrate "the ability to comply" with sections 11834.01- 11834.50 and the Department's regulations. However, neither the statutory scheme nor the implementing regulations make any reference to a community's current level of need for treatment facilities or to the sufficiency of existing facilities to meet the local need. No basis for the denial of an application is given In section 11834.09 other than the Inability of the applicant to comply with the requirements fnr operating a facility. Next, we examine the Department's authority to suspend, revoke, or deny a license contained in subdivision (a) of section 11834.36, which states: The director may suspend or revoke any license issued under this chapter, or deny an application for licensure, for extension of the licensing period, or to modify the terms and conditions of a license, upon any of the following grounds and in the manner provided in this chapter: (1) Violation by the licensee of any provision of this chapter or regulations adopted pursuant to this chapter. (2) Repeated violation by the licensee of any of the provisions of this chapter or regulations adopted pursuant to this chapter. (3) Aiding, abetting, or permitting the violation of, or any repeated violation of, any of the provisions described In paragraph (1) or (2). (4) Conduct in the operation of an alcoholism or drug abuse recovery or treatment facility that is inimical to the health, morals, welfare, or safety of either an individual In, or receiving services from, the facility or to the people of the State of California. (5) Misrepresentation of any material fact in obtaining the alcoholism or drug abuse recovery or treatment facility license. (6) Failure to pay any civil penalties assessed by the department. All of the grounds specified In section 11834.36 involve the conduct of the license holder or applicant. None focuses upon whether the community already has a sufficient number of facilities to meet the local need. We recognize that a community's need for treatment facilities is mentioned in section 11834.20: "The Legislature hereby declares that it Is the policy of this state that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need." However, this reference is only an expression of legislative Intent that cities should encourage development of treatment facilities, and cannot be reasonably read to Impose a limit on such development. The affirmative policy articulated by the Legislature In section 11834.20 does not afford a basis for denying a license where the applicant meets all basic qualifications for the license. As stated in Ferdig v. State Personnel Board (1969) 71 Cal.2d 96, 103 -104: "It is settled principle that administrative agencies have only such powers as have been conferred upon them, expressly or by implication, by constitution or statute. [Citations.] An administrative agency, therefore, must act within the powers conferred upon it by law and may not validly act in excess of such powers." (See 76 Ops.Cal.Atty.Gen. 11, 15-16 (1993).) And, of course, we are not at liberty to add, in the guise of statutory interpretation, an additional licensing requirement. (See 89 Ops.Cal.Atty.Gen. 159, 165; 83 Ops.Cal.Atty.Gen, 111, 116 (2000); 82 Ops.Cal.Atty.Gen. 246, 248 (1999); 78 Ops.Cal.Atty.Gen. 137, 142 (1995).) Here, the Legislature has not given the Department any authority to consider the number of treatment facllltles in a particular area when granting, suspending, or revoking a license to operate a treatment facility. Finally, we note that the California Community Care Facilities Act, referenced above, requires the Department of Social Services to take "overconcentration" of residential care facilities Into account when making its licensing decisions for such facilities. (§ 1520.5.) If the Legislature wishes to grant a similar authorization when the Department licenses the treatment facilities in question, it knows how to do so. (See Safer v. Superior Court (1975) 15 Cal.3d 230, 237 -238; Board of Trustees v. Judge (1975) 50 Cal.App.3d 920, 927; 73 Ops.Cal.Atty.Gen. 13, 23 (1990).) We conclude in answer to the first question that the Department may not deny an application for Ilcensure or suspend or revoke the license of a treatment facility because the particular community already has more than a sufficient number of treatment facilities to meet the local need. 2. City's Authority to Limit Treatment Facilities The second question concerns whether a city may limit the number of treatment facilities serving six or fewer. persons within its boundaries. For example, may a city enact an ordinance requiring that In addition to licensure by the Department, the prospective operator of a treatment facility must obtain the city's approval if the facility will be located within 500 feet of an existing treatment facility? We conclude that it may not. The Constitution provides that "[a] county or city may make and enforce within Its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws." (Cal. Const., art. XI, § 7.) The rules to be applied in determining whether a city's ordinances would conflict with general laws were recently summarized in Caiffamia Veterinary Medical Assn. v. City of West Hollywood (2007) 152 Cal.App.4th 536, 548. The California Constitution reserves to a county or city the right to "make and enforce within its limits all local police, sanitary, and other ordinances and regulations not in conflict with general laws." [Citation; footnote omitted.] "'If otherwise valid local legislation conflicts with state law, it is preempted by such law and is void.'" [Citations.] A prohibited conflict exists if the local ordinance duplicates or contradicts general law or "enters an area either expressly or impliedly fully occupied by general law." [Citations.] "'[I]t is well settled that local regulation Is invalid if it attempts to impose additional requirements In a field which is fully occupied by statute.' [Citation.]'[L]ocal legislation enters an area that Is "fully occupied" by general law when the Legislature has expressly manifested its intent to "fully occupy" the area [citation], or when It has impliedly done so In light of one of the following Indicia of intent: "(1) the subject matter has been so fully and completely covered by general law as to clearly indicate that it has become exclusively a matter of state concern; (2) the subject matter has been partially covered by general law couched in such terms as to Indicate clearly that a paramount state concern will not tolerate further or additional local action; or (3) the subject matter has been partially covered by general law, and the subject Is of such a nature that the adverse effect of a local ordinance on the transient citizens of the state outweighs the possible benefit to the" locality [citations].' [Citation:]" [Citation.] With these principles in mind, we return to the provisions of sections 11834.01- 11834.50. Two statutes are relevant to our inquiry. First, section 11834.22 provides that treatment facilities serving six or fewer persons may not be made subject to any business taxes, local registration fees, use permit fees, or other fees to which ordinary single- family dwellings are not subject. Second, and even more in point, section 11834.23 states with respect to local zoning ordinances governing such facilities: Whether or not unrelated persons are living together, an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of such a facility shall be considered a family for the purposes of any law or zoning ordinance which relates to the residential use of property pursuant to this article. For the purpose of all local ordinances, an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall not be Included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or the mentally infirm, foster care home, guest home, rest home, sanitarium, mental hygiene home, or other similar term which implies that the alcoholism or drug abuse recovery or treatment home is a business run for profit or differs in any other way from a single- family residence. This section shall not be construed to forbid any city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons as long as the restrictions are identical to those applied to other singie- family residences. This section shall not be construed to forbid the application to an alcoholism or drug abuse recovery or treatment facility of any local ordinance which deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity. However, the ordinance shall not distinguish alcoholism or drug abuse recovery or treatment facilities which serve six or fewer persons from other single - family dwellings or distinguish residents of alcoholism or drug abuse recovery or treatment facilities from persons who reside in other single - family dwellings. No conditional use permit, zoning variance, or other zoning clearance shall be required of an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons that Is not required of a single - family residence in the same zone. Accordingly, a city may not make Its land use decisions in a manner that will disadvantage treatment facilities serving six or fewer persons when compared to decisions applicable to ordinary single - family residences.- The hypothetical ordinance described above would allow the city to ban the operation of a new treatment facility within 500 feet of an existing facility. Such an ordinance would be In conflict with section 11834.23, and thus be preempted by state law. (See, e.g., Doe v. City and County of San Francisco (1982) 136 Cal.App.3d 509 [local law may not impose additional licensing requirements when state law specifically prohibits such requirements].) Would our analysis and conclusion be different In the case of a charter city? A charter city, In contrast to a general law city, is not subject to state statutes involving "municipal affairs." (Cal. Const., art. XI, § 5, subd. (a); Sherwin- Williams Co. v. City of Los Angeles (1993) 4 Cal.4th 893, 897, fn. i; California Veterinary Medical Assn. v. City of West Hollywood, supra, 152 Cal.App.4th at p. 548, fn. 6.) "[T]his constitutional 'home rule' doctrine reserves to charter cities the right to adopt and enforce ordinances that conflict with general state laws, provided the subject of the regulation is a 'municipal affair' rather than one of 'statewide concern.' [Citation.]" (Traders Sports, Inc. v. City of San Leandro (2001) 93 Cal.App.4th 37, 45.) Here, section 11834.23 has been made applicable to all cities, both general law and charter (§ 11834.20), and forbids the use of zoning or other regulatory powers to treat small treatment facilities differently from other residential dwellings ( §§ 11834.22- 11834.24). Section 11834.23 addresses a matter of "statewide concern" because it seeks to ensure that persons throughout the state who are recovering from problems related to alcohol or other drugs will have access to residential settings that provide treatment. "[I]n articulating the test for preemption, the Supreme Court was concerned with ensuring that a state law does not Infringe legitimate municipal interests other than that which the state law purports to regulate as a statewide Interest." (City of Watsonville v. State Department of Health Services (2005) 133 Cal.App.4th 875, 889 [state law requiring fluoridation of local water supplies narrowly tailored to state's interest in improving dental health], italics added.) Here, the state law in question has the precise aim of regulating local zoning. requirements in pursuance of a statewide Interest. The Legislature clearly Intended to prevent local governments from applying any zoning clearances to small treatment facilities by mandating that they be treated the same as other single family residences for zoning purposes. The Legislature may properly look to the statewide need, rather than the local need, to overcome a charter city's municipal interests. We conclude In answer to the second question that a city may not limit the establishment of alcoholism or drug abuse treatment facilities serving six or fewer persons because the particular community already has more than a sufficient number of treatment facilities to meet the local need. * * * * *1. All further references to the Health and Safety Code are by section number only. 1.0 -1) -� R. A. Nichols Engineering 519 Iris Avenue, Corona del Mar, CA 92056 Tel. (949) 644 -7735 . Fax (949) 640 -7316 raneng @inetworld.net . www.raneng.com To: Dave Kiff TEL 644 -3000 FAX 6443020 PLEASE FIND: Submittal On NB Rehab Comments Please find a Copy of the Titles Page of the Newport Beach Municipal Code. We have highlighted the Paragraphs in the Various Title Codes where Newport Beach has adopted the Corresponding State Code. We suggest that Newport Beach again adopt the California Code of Regulations and the corresponding Health and Safety Code Sections that have to do with Licensure of Residential Alcoholism or Drug Abuse Recovery into Title 20 Planning and Zoning. Suggested wording is given on the Municipal Code Titles Page. Dick Nichols Adoption Of Accepted Codes By Newport Beach is quite normal. Our suggestion for adding ADP rules to our zoning code is based on the fact that only these rules are shown when dealing with Title 9, Division 4, Chapter 5, see Attached CA. Code of Regulations Title sheet. City of Newport Beach Municipal Code Preface CHARTER Title 1 GENERAL PROVISIONS Title 2 ADMINISTRATION AND PERSONNEL Title 3 REVENUE AND FINANCE Title 4 (Reserved) Iijjte 5 BUSINESS LICENSES AND REGULATIONS" Title 8 HEALTH AND SANITATION Title 7 ANIMALS Title 8 (Reserved) Title 9 FIRE CODE 9.04.010 Adoption of the 2001 California Fire Code. Pursuant to the provisions of Sections 50022.1 through 50022.5 of the Government Code of the State of California, there is adopted and incorporated by reference into this chapter, that certain Code entitled "California Fire Code," (2001 Edition) referred to in this chapter as the 'Fire Code" specifically including Appendices I -A through VI -K, excluding Appendices II -H, II-K, III -D, VI -E, VI- F, except such portions as are hereafter deleted, added, or amended. One certified copy of which is to be on file in the office of the City Clerk of the City of Newport Beach and open for public inspection. (Ord. 2002 -19 § 1 (part), 2002) Title 10 OFFENSES AND NUISANCES" Title 11 RECREATIONAL ACTIVITIES* Tile 12 VEHICLES AND TRAFFIC' 12.04.010 Definition Provision. For the purpose of this title, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless the provisions of the context otherwise require. Whenever any words or phrases used in this title are not defined herein, but are now defined in the Vehicle Code of this State, such definitions are incorporated herein, and shall be deemed to apply to such words and phrases used herein as though set forth herein in full. (1949 Code,§ 3200) Tile 13STREETS SIDEWALKS AND PUBLIC PROPERTY Tile 14 WATER AND SEWERS' Title 15 BUILDINGS AND CONSTRUCTION- 16-02-010 Adoption of the Uniform Administrative Code. The City Council adopts and incorporates by reference, as though set forth in full in this chapter, the 1997 edition of the "Uniform Administrative Code" as published by the International Conference of Building Officials, except fees which shall be established by resolution of the City Council, subject to the changes and modifications set forth in this chapter. The various parts of this code, along with the additions, amendments and deletions adopted in this chapter, shall constitute and be known as the "Newport Beach Administrative Code." A copy of the 1997 Uniform Administrative Code, printed in codebook form, shall be kept on file in the office of the City Clerk. (Ord. 99-14 § 1 (part). 1 999) 16.03.010 Adoption of the Uniform Housing Code. The City Council adopts and incorporates by reference, as though set forth in full in this section, the 1997 edition of the "Uniform Housing Code" as published by the International Conference of Building Officials. The various parts of this Code shall constitute and be known as the Newport Beach "Housing Code." A copy of the 1997 Uniform Housing Code, printed in codebook form, shall be kept on file in the office of the City Clerk. (Ord. 99-14 § 2, 1999) 16.04.010 Adoption of the California Building Code. The City Council adopts and incorporates by reference, as though set forth in full in this section of the 2001 Edition of the California Building Code based on the 1997 Uniform Building Code, including Appendix Chapters A3 Division 11, A4, Al2, A15, A16 Division II and IV, A18, A29, A31 Division I, II and III, and A34111, as published by the International Conference of Building Officials. The City Council also adopts and incorporates by reference, as though set forth in full in this section, the 2001 Edition of the California Building Code, Volumes 1 and 2, including all national codes and standards referenced therein, based on the 1997 Uniform Building Code, as published by the International Conference of Building Officials. The various parts of these Codes and Standards, along with the additions, amendments, and deletions adopted in this section, shall constitute and be known as the Newport Beach Building Code. A copy of the 2001 California Building Code Volumes 1 and 2, printed in code book form, shall be kept on file in the office of the City Clerk. (Ord. 2002 -20 § 1 (part), 2002) 15.05.010 Adoption of California Mechanical Code. The City Council adopts and incorporates by reference, as though set forth in full in this section of the 2001 edition of the California Mechanical Code, based on the 2000 Uniform Mechanical Code, including all Appendix Chapters as published by the International Association of Plumbing and Mechanical Officials. The various parts of this code, including the deletions adopted in this section, shall constitute and be known as the Newport Beach Mechanical Code. A copy of the 2001 California Mechanical Code printed in code book form shall be kept on file in the office of the City Clerk. (Ord. 2002 -20 § 2 (part), 2002) 15.06.010 Adoption of the California Electrical Code. The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2001 edition of the California Electrical Code based on the 1999 National Electrical Code, including all Appendix Chapters as published by the National Fire Protection Association subject to the changes and modifications set forth in this chapter. The various parts of this Code, along with the additions, amendments and deletions adopted in this chapter, shall constitute and be known as the Newport Beach Electrical Code. A copy of the 2001 California Electrical Code, printed in code book form shall be kept on file in the office of the City Clerk. (Ord. 2002 -20 § 3 (part), 2002) 16.08.010 Adoption of California Plumbing Code. The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2001 edition of the California Plumbing Code, including all Appendix Chapters, based on the 2000 Uniform Plumbing Code as published, by the International Association of Plumbing and Mechanical Officials. The various parts of these Codes and Standards, along with the additions, amendments, and deletions adopted in this section, shall constitute and be known as the Newport Beach "Plumbing" Code. A copy of the 2001 California Plumbing Code, printed in code book form, shall be kept on file in the office of the City Clerk. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. (Ord. 2002 -20 § 4, (part), 2002) 16.09.010 Adoption of Uniform Swimming Pool Code. The City Council adopts and incorporates by reference, as though set forth in full in this chapter, the 1997 edition of the "Uniform Swimming Pool, Spa, and Hot Tub Code" as published by the International Association of Plumbing and Mechanical Officials. The City Council also adopts and incorporates by reference all applicable portions of Title 24, California Code of Regulations, subject to the changes and modifications set forth in this chapter. The various parts of this Code, along with the amendments adopted in this chapter, shall constitute and be known as the Newport Beach 'Swimming Pool" Code. A copy of the 1997 Uniform Swimming Pool, Spa, and Hot Tub Code, printed in code book form shall be kept on file in the office of the City Clerk. (Ord. 99-14 § 7 (part), 1999) Title 16 (Reserved) Title 17 ANCHORAGE AND MOORING REGULATIONS* Title 18 (Reserved) Title 19 SUBDIVISIONS" Tithr 20 PLANNING AND ZONING" 20.03.010 Purpose and Applicability. (Proposed Addition) This chapter ensures precision in interpretation of the zoning regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout this Code, except where the context clearly Indicates a different meaning or construction. (Ord. 97 -09 Exh. A (part), 1997). Whenever any words or phrases refer to "Residential Alcoholism Or Drug Abuse Recovery Or Treatment Facilities" the definitions and regulations specified in the California Code of Regulations (CCR), Title 9, Division 4, Chapter 5 and the California Health and Safety Code, Part 2, Division 10.5 commencing with Section 11834.01 shall govern. Whenever some Files fisted below require Adobe Acrobat Reader 3.0. Stakdory References Ordinance L ist California Off"oe of Administrative Law Welcome to the online source for the California Code of Regulations 6" TITLE I. GENERAL PROVISIONS Home Most Reeent Updates search Help C 'DIVLSIDN I. OFFICE OF ADMINISTRATIVE LAW a CHAPTER 1. REVIEW OF PROPOSED REGULATIONS al -CHAPTER 2. UNDERGROUND REGULATIONS "DIVISION 2. OFFICE OF ADMINISTRATIVE HEARINGS J-CHAPTER 1. GENERAL "A HEARING PROCEDURES CHAPTER 2. SPECIAL HEARING PROCEDURES(JULY L 1997) E.0- CHAPTER 3. AGENCY ALTERNATIVESTO FORMAL HEARINGS - ALTERNATIVE DISPUTE RESOLUTION 51-CHAPTER 4. ARBITRATION OF CLAIMS UNDER STATE CONTRACT ACT CONTRACTS &'CHAPTER 5. PROCEDURES FOR CONDUCTING PROTESTS UNDER THE ALTERNATIVE PROTEST PILOT PROJECT I...TITLE 2. ADMINISTRATION ($-TITLE 3. FOOD AND AGRICULTURE U,U} -ITLE 4. BUSINESS REGULATIONS BT-TITIE 5. EDUCATION O7-'TTLE 7. HARBORS AND NAVIGATION } -ITLE 8. INDUSTRIAL RELATIONS -ITLE 9. REHABILITATIVE AND DEVELOPMENTAL SERVICES B-DramoN 1. DEPARTMENT OF MENTAL HEALTH L�- DIVISION 3. DEPARTMENT OF REHABILITATION "DIVISION 4. DEPARTMENT OF ALCOHOL AND DRAG PROGRAMS 1. ADMINISTRATION OF THE DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS 2. DEVELOPMENT AND ADMINISTRATION OF COUNTY ALCOHOL PROGRAMS 2.5. SUBSTANCE ABUSE AND CRIME PREVENTION ACT OF 2000 AND SUBSTANCE ABUSE TREATMENT AND TESTING 3. PROGRAMS FOR ALCOHOL AND DRAG IMPAIRED DRIVERS 4. NARCOTIC TREATMENT PROGRAMS 5- LICENSURE OF RESIDENTIAL ALCOHOLISM OR DRUB ABUSE RECOVERY OR TREATM@T FACILITIES 0 SUBCHAPTER 1. PURPOSE AND DEFINITIONS 2. LICENSING PROCESS 3. COMPLIANCE REQUIREMENTS 4. ADDITIONAL REQUIREMENTS FOR FACILITIES PROVIDING SERVICES TO ADOLESCENTS IN ADULT FACILITIES 6. NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING STATE FINANCIAL ASSISTANCE 7. RESIDENT RUN HOUSING PROGRAM (RRHP) CERTIFICATION OF ALCOHOL AND OTHER DRAG COUNSELORS 10. IMMIGRANT FOR LICERSURE OR CERTIFICATION APPLICANTS 9 TITLE 11. LAW di-TITLE 12. MILITARY AND VETERANS AFFAIRS 57 -IITLE 13. MOTOR VEHICLES M-TITLE 14. NATURAL. RESOURCES 114-TITLE IS- CRIME PREVENTION AND CORRECTIONS 8 -TITLE 16. PROFESSIONAL AND VOCATIONAL REGULATIONS E} -TITLE 17. PUBLIC HEALTH H -TITLE IS. PUBLIC REVENUES 9I- 'TITLE 19. PUBLIC SAFETY BE-TITLE 20. PUBLIC UTILITIES AND ENERGY ER TITLE 21. PUBLIC WORKS Bi-TITLE 22. SOCIAL SECURITY 93-MU 23. WATERS Elf-ITIE 25. HOUSING AND COMMUNITY DEVELOPMENT ER TITLE M. TOXIGS E13 TITLE 27. ENVIRONMENTAL PROTECTION E13 TITLE 28. MANAGED HEALTH CARE This site IS provided by West. TFMSON 0-NOR..West I POYBL'Y I Ao:eseit!IItY SIr •• CAUFOWIIA DEPARTUM OF ALCOHOL AND DRUG PROGRAMS ADP Home Licen Laws and !��pdations ....................... .............................................................................................................. California Health and Safety Code Division 10.5. State Department of Alcohol and Drug Programs Part 2. State Governments Role to Alleviate Problems Related to the inappropriate Use of Alcoholic Chapter 7.5 Licensing Title Lseetion(s) I Article 1.QenerWHF v sj !rgyt i9ps 1111834.01 -11834.18 Arficle 2. Local Regulation I F,�U-20 -11834.25 Article 2.5. Re%t,&-emenWfP-r —Licensees 11834.26 - 11834.29 Article 3. Offenses F17834.30 - 11834.34 Article -4. Suspe -sJ o- - - Revocation 1 11834.35 - 11834.45 I Article -5.Rimm-ldons 11824-50 11 California Code of Regulations * Titre 9. Rehabilitation and Developmental Services Division 4. Department of Alcohol and Drug Programs Chapter 5. Licensure of Residential Alcoholism or Drug Abuse Recovery Title Lseetion(s) I Subchapter 1. Purpose and Definitions Article -1 -APP!iW-iQ'I anti Ru-w-s!e of Chapter Article 2. -Defi itions --1-6501 I10500 Subchapter 2. Licensing Process Article 1. Departmental Authori to L,,;qq 110502 Artide Z. Requirement for WeRsure, 110505 -10513 1 Articlel-Application f0r-Licensure —1110514 -10526 1 :j 10527 -10531 L] Article 5,_L_icensing Fees Article Q. Enforcement 1110532 -10533 EOUO -10549 MQIQ, 7t UCCPn%Ihng-APMAI-4 10-550 -10554 Subchapter 3. Compliance Requirements Article 1.,Physjpw�.E- nYi Environment Article._, SNaffing -81aridards 1110564 Article-;5. ��t�3.-Erggrarn_Se I _rv:c s 1110566 E 10561 -10563 -10565 -10574 - Article.4JRhysiolEnvimnMent- 10580 -10584 ha-to Su ' FSubcSubchapter Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities Article 1. Appliceftn and Fmose PtSubcNiXer 10598 Adicle. 2 Whrprs tpjjrp� qtAdolescents. in Adopt Facilities ArticW-I-00-MPjianM-R%umff wo 10599 -10612 10613 - 10623 Article 4. %_Cj§gjAppp 110624 -10631 * Note: The California Code of Regulations information posted above was current at the time of postii are still current, go to go corn -eMMent.westip _Wx - Conditions of I Privacy, i yPQHW Copyright 0 2007 State of California CAL. LAW Select 'Print' In your browser menu to print this document. 02007 Cal Law Page printed from: http: / /www.callaw.com Back to Decision Opinion of Edmund G. Brown Jr. 07 -601 Cite as 07 C.D.O.S. 14507 OPINION of EDMUND G. BROWN JR., Attorney General GREGORY L. GONOT, Deputy Attorney General No. 07 -601 Office of the Attorney General, State of California COUNSEL Filed December 18, 2007 THE HONORABLE TOM HARMAN, MEMBER OF THE STATE SENATE, has requested an opinion on the following questions: 1. May the Department of Alcohol and Drug Programs deny an application for licensure or suspend or revoke the license of an alcoholism or drug abuse treatment facility because the particular community already has more than a sufficient number of treatment facilities to meet the local need 2. May a city limit the establishment of alcoholism or drug abuse treatment facilities serving six or fewer persons because the particular community already has more than sufficient number of treatment facilities to meet the local need CONCLUSIONS 1. The Department of Alcohol and Drug Programs may not deny an application for ][censure or suspend or revoke the license of an alcoholism or drug abuse treatment facility because the particular community already has more than a sufficient number of treatment facilities to meet the local need. 2. A city may not limit the establishment of alcoholism or drug abuse treatment facilities serving six or fewer persons because the particular community already has more than a sufficient number of treatment facilities to meet the local need. ANALYSIS The Department of Alcohol and Drug Programs (Health & Saf. Code, § 11750; "Department ")[FOOTNOTE 11 licenses residential facilities that provide nonmedical recovery, treatment, and detoxification services for users of alcohol and other drugs. ( §§ 11834.01 - 11834.50; Cal. Code Regs., tit. 9, §§ 10500 - 10631; 76 Ops.Cal.Atty.Gen. 173, 175 (1993).) Such a treatment facility is defined as "any premises, place, or building that provides 24 -hour residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services." (§ 11834.02, subd. (a); see Cal. Code Regs., tit. 9, § 10501.) These treatment facilities are different from residential care facilities that are subject to the California Community Care Facilities Act ( §§ 1500- 1567.8) and from facilities that simply provide a cooperative living arrangement for persons recovering from alcohol and other drug problems. The latter "sober living environments" are not subject to licensing by the Department. We are asked to determine whether the Department has the authority to deny an application for operating a treatment facility because the particular community already has more than a sufficient number of treatment facilities to meet the local need. Additionally, may a city limit the number of treatment facilities within its jurisdiction to prevent an overconcentration of such facilities 1. Department's Authority to Deny Licenses With respect to the scope of the Department's authority to limit the licensing of treatment facilities, we will assume that the extent of the local need is ascertainable through an appropriate fact- finding process, and the determination will be based upon the incidence of alcoholism and drug abuse and the percentage of substance abusers seeking treatment in the community. What authority does the Department have to prevent an overconcentration of treatment facilities in a particular locality . Section 11834.01 states in part: The department has the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities. (a) In administering this chapter, the department shall issue new licenses for a period of two years to those programs that meet the criteria for licensure set forth In Section 11834.03. Section 11834.03, in turn, provides: Any person or entity applying for licensure shall file with the department, on forms provided by the department, all of the following: (a) A completed written application for licensure. (b) A fire clearance approved by the State Fire Marshal or local fire enforcement officer. (c) A licensure fee, established In accordance with Chapter 7.3 (commencing with Section 11833.01). Accordingly, each licensure applicant must complete an application form, obtain a fire clearance, and pay a fee to the Department. (See also § 11834.09, subd. (b).) Sections 11834.01 and 11834.03 provide no authority for the Department to deny a license because the community already has an overconcentration of such facilities. . The department is also authorized to determine "that the prospective licensee can comply with this chapter and regulations adopted pursuant to this chapter" before issuing a license. (§ 11834.09, subd. (a).) Subdivision (c) of section 11834.09 states: Failure of the prospective licensee to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result In departmental denial of the prospective licensee's application for licensure. Thus, a prospective licensee may be denied a license if he or she fails to demonstrate "the ability to comply" with sections 11834.01- 11834.50 and the Department's regulations. However, neither the statutory scheme nor the Implementing regulations make any reference to a community's current level of need for treatment facilities or to the sufficiency of existing facilities to meet the local need. No basis for the denial of an application Is given in section 11834.09 other than the inability of the applicant to comply with the requirements for operating a facility. Next, we examine the Department's authority to suspend, revoke, or deny a license contained In subdivision (a) of section 11834.36, which states: The director may suspend or revoke any license issued under this chapter, or deny an application for licensure, for extension of the licensing period, or to modify the terms and conditions of a license, upon any of the following grounds and in the manner provided.in this chapter: (1) Violation by the licensee of any provision of this chapter or regulations adopted pursuant to this chapter. (2) Repeated violation by the licensee of any of the provisions of this chapter or regulations adopted pursuant to this chapter. (3) Aiding, abetting, or permitting the violation of, or any repeated violation of, any of the provisions described In paragraph (1) or (2). (4) Conduct in the operation of an alcoholism or drug abuse recovery or treatment facility that is Inimical to the health, morals, welfare, or safety of either an individual in, or receiving services from, the facility or to the people of the State of California. (5) Misrepresentation of any material fact In obtaining the alcoholism or drug abuse recovery or treatment facility license. . (6) Failure to pay any civil penalties assessed by the department. All of the grounds specified In section 11834.36 involve the conduct of the license holder or applicant. None focuses upon whether the community already has a sufficient number of facilities to meet the local need. We recognize that a community's need for treatment facilities is mentioned in section 11834.20: "The Legislature hereby declares that It is the policy of this state that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need." However, this reference is only an expression of legislative intent that cities should encourage development of treatment facilities, and cannot be reasonably read to impose a limit on such development. The affirmative policy articulated by the Legislature in section 11834.20 does not afford a basis for denying a license where the applicant meets all basic qualifications for the license. As stated in Ferdlg v. State Personnel Board (1969) 71 Cal. 2d 96, 103 -104: "It is settled principle that administrative agencies have only such powers as have been conferred upon them, expressly or by Implication, by constitution or statute. [Citations.] An administrative agency, therefore, must act within the powers conferred upon it by law and may not validly act in excess of such powers." (See 76 Ops.Cal.Atty.Gen. 11, 15 -16 (1993).) And, of course, we are not at liberty to add, in the guise of statutory interpretation, an additional licensing requirement. (See 89 Ops.Cal.Atty.Gen. 159, 165; 83 Ops.Cal.Atty.Gen. 111, 116 (2000); 82 Ops.Cal.Atty.Gen. 246, 248 (1999); 78 Ops.Cal.Atty.Gen. 137, 142 (1995).) Here,.the Legislature has not given the Department any authority to consider the number of treatment facilities in a particular area when granting, suspending, or revoking a license to operate a treatment facility. Finally, we note that the Califomla Community Care Facilities Act, referenced above, requires the Department of Social Services to take "overconcentration" of residential care facilities Into account when making its licensing decisions for such facilities. (§ 1520.5.) If the Legislature wishes to grant a similar authorization when the Department licenses the treatment facilities in question, It knows how to do so. (See Safer v. Superior Court (1975) 15 Cal.3d 230, 237 -238; Board of Trustees v. Judge (1975) 50 Cai.App.3d 920, 927; 73 Ops.Cal.Atty.Gen. 13, 23 (1990).) We conclude in answer to the first question that the Department may not deny an application for Ilcensure or suspend or revoke the license of a treatment facility because the particular community already has more than a sufficient number of treatment facilities to meet the local need. 2. City's Authority to Limit Treatment Facilities The second question concerns whether a city may limit the number of treatment facilities serving six or fewer. persons within Its boundaries. For example, may a city enact an ordinance requiring that In addition to licensure by the Department, the prospective operator of a treatment facility must obtain the city's approval If the facility will be located within 500 feet of an existing treatment facility? We conclude that it may not. The Constitution provides that "[a] county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws." (Cal. Const., art. XI, § 7.) The rules to be applied in determining whether a city's ordinances would conflict with general laws were recently summarized in Calftrola Veterinary Medical Assn. v. City of West Hollywood (2007) 152 Cal.App.4th 536, 548: The California Constitution reserves to a county or city the right to "make and enforce within Its limits all local police, sanitary, and other ordinances and regulations not in conflict with general laws." [Citation; footnote omitted.] "'If otherwise valid local legislation conflicts with state law, it is preempted by such law and is void.'" [Citations.] A prohibited conflict exists If the local ordinance duplicates or contradicts general law or "enters an area either expressly or impliedly fully occupied by general law." [Citations.] "'[I]t Is well settled that local regulation is invalid If it attempts to impose additional requirements In a field which is fully occupied by statute.' [Citation.] '[L]ocal legislation enters an area that Is "fully occupied" by general law when the Legislature has expressly manifested its Intent to "fully occupy" the area [citation], or when It has impliedly done so in light of one of the following Indicia of intent: "(1) the subject matter has been so fully and completely covered by general law as to clearly indicate that It has become exclusively a matter of state concern; (2) the subject matter has been partially covered by general law couched in such terms as to Indicate clearly that a paramount state concern will not tolerate further or additional local action; or (3) the subject matter has been partially covered by general law, and the subject Is of such a nature that the adverse effect of a local ordinance on the transient citizens of the state outweighs the possible benefit to the" locality [citations].' [Citation:]" [Citation.] With these principles In mind, we return to the provisions of sections 11834.01- 11834.50. Two statutes are relevant to our inquiry. First, section 11834.22 provides that treatment facilities serving six or fewer persons may not be made subject to any business taxes, local registration fees, use permit fees, or other fees to which ordinary single - family dwellings are not subject. Second, and even more in point, section 11834.23 states with respect to local zoning ordinances governing such facilities: Whether or not unrelated persons are living together, an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of such a facility shall be considered a family for the purposes of any law or zoning ordinance which relates to the residential use of property pursuant to this article. For the purpose of all local ordinances, an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall not be Included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or the mentally infirm, foster care home, guest home, rest home, sanitarium, mental hygiene home, or other similar term which Implies that the alcoholism or drug abuse recovery or treatment home Is a business run for profit or differs in any other way from a single-family residence. This section shall not be construed to forbid any city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons as long as the restrictions are identical to those applied to other single - family residences. This section shall not be construed to forbid the application to an alcoholism or drug abuse recovery or treatment facility of any local ordinance which deals with health and safety, building standards, environmental Impact standards, or any other matter within the jurisdiction of a local public entity. However, the ordinance shall not distinguish alcoholism or drug abuse recovery or treatment facilities which serve six or fewer persons from other single - family dwellings or distinguish residents of alcoholism or drug abuse recovery or treatment facilities from persons who reside in other single - family dwellings. No conditional use permit, zoning variance, or other zoning clearance shall be required of an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons that is not required of a single - family residence in the same zone. Accordingly, a city may not make Its land use decisions in a manner that will disadvantage treatment facilities serving six or fewer persons when compared to decisions applicable to ordinary single - family residences.- The hypothetical ordinance described above would allow the city to ban the operation of a new treatment facility within 500 feet of an existing facility. Such an ordinance would be in conflict with section 11834.23, and thus be preempted by state law. (See, e.g., Doe v. City and County of San Francisco (1982) 136 Cal.App.3d 509 [local law may not impose additional licensing requirements when state law specifically prohibits such requirements].) Would our analysis and conclusion be different in the case of a charter city? A charter city, In contrast to a general law city, is not subject to state statutes involving "municipal affairs." (Cal. Const., art. XI, § 5, subd. (a); Sherwin - Williams Co. v. City of Los Angeles (1993) 4 Cal.4th 893, 897, fn. 1; Califomia Veterinary Medical Assn. v. City of West Hollywood, supra, 152 Cal.App.4th at p. 548, fn. 6.) "[T]his constitutional 'home rule' doctrine reserves to charter cities the right to adopt and enforce ordinances that conflict with general state laws, provided the subject of the regulation Is a 'municipal affair' rather than one of 'statewide concern.' [Citation.]" (Traders Sports, Inc. v. City of San Leandro (2001) 93 Cal.App.4th 37, 45.) Here, section 11834.23 has been made applicable to all cities, both general law and charter (§ 11834.20), and forbids the use of zoning or other regulatory powers to treat small treatment facilities differently from other residential dwellings ( §§ 11834.22- 11834.24). Section 11834.23 addresses a matter of "statewide concern" because it seeks to ensure that persons throughout the state who are recovering from problems related to alcohol or other drugs will have access to residential settings that provide treatment. "(I]n articulating the test for preemption, the Supreme Court was concerned with ensuring that a state law does not Infringe legitimate municipal Interests other than that which the state law purports to regulate as a statewide interest." (City of Watsonville v. State Department of Health Services (2005) 133 Cal.App.4th 875, 889 [state law requiring fluoridation of local water supplies narrowly tailored to state's interest In Improving dental health], italics added.) Here, the state law in question has the precise aim of regulating local zoning. requirements In pursuance of a statewide interest. The Legislature clearly Intended to prevent local governments from applying any zoning clearances to small treatment facilities by mandating that they be treated the same as other single family residences for zoning purposes. The Legislature may properly look to the statewide need, rather than the local need, to overcome a charter city's municipal interests. We conclude in answer to the second question that a city may not limit the establishment of alcoholism or drug abuse treatment facilities serving six or fewer persons because the particular community already has more than a sufficient number of treatment facilities to meet the local need. * * * * *i. All further references to the Health and Safety Code are by section number only. S-4/A 1 ds4a.htm AMENDMENT NO.1 TO FORM S4 As filed with the Securities and Exchange Commission on August 4, 2006. Registration Na 333 - 135172 . UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 AMENDMENT NO. 1 TO FORM S -4 REGISTRATION STATEMENT U"ER THE SECURITIES ACT OF 1933 CRC HEALTH CORPORATION (Faust Name of Registrant as Specified in Its Charter) Delaware 8069 73- 1650429 (State or Other Jurisdiction of (Primary Standard Industrial (IJLS. Employer Incorporation or Organization) Classification Code Number) Identification No.) 20400 Stevens Creek Boulevard, Suite 600 Cupertino, CA 95014 Telephone: (877) 27248668 (Address, Including Zip Code, and Telephone Number, Including Area Cade, of Registrant's Principal Executive Offices) See Table of Additional Registrants Continued on the Next Page Pamela B. Burke Vice President, General Counsel and Secretary 20400 Stevens Creek Boulevard, Suite 600 Cupertino, CA 95014 Telephone: (877) 272-KM (Name, Address, Including Zip Code, and Telephone Number, Including Area Code, of Agent For Service) with a mov to Patrick O'Brien Ropes & Gray LLP One International Place Boston, MA 02110 -2624 sp/j (617) 951 -7000 (%V r Approximate date of commencement of proposed sale to the public: As soon as practicable aft this Registration Statement becomes effective. If the smtrities being registered on this form are being offered in connection with the formation of a holding company and there is compliance with General Instruction G, check the following box. 0 If this form is filed to register additional securities for an offering pursuant to Rule 462(b) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. 0 If this form is a post- effective amendment filed pursuant to Rule 462(d) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the some offering. 17 The registrants hereby amend this registration statement on such date or dates as may be necessary to dehhy its effeetive date t Section 10505: California Alcohol and Drug Programs Page 3 of 5 #�W -1 -8-Qo 10. Certificate of Compliance as to 4 -30 -90 order including amendment of Note transmitted to OAL 8 -27 -90 and filed 9 -26 -90 (Register 90, No. 44). 11. Repealer filed 4- 18 -94; operative 5 -16 -94 (Register 94, No. 16) . §10508. Licensure of Integral FacHities. (a) The licensee may provide housing and aloohollsm or drug abuse recovery or treatment services In the same building or the licensee may house residents in one building and provide services in another building, provided that all of the buildings are: (1) Integral components of the same facility. (2) Under the control and management of the same licensee, and (3) Licensed as a single facility. (b) Multiple facility programs which do not meet the criteria of Subsection (a) of this regulation shall secure independent licenses for each separate facility in accordance with the requirements of this chapter. NOTE Authority cited: Section 11755, 11634.50 and 11835, Health and Safety Code. Reference: Sections 11834.02 and 11834.30, Health and Safety Code. HISTORY 1. New section filed 2 -7 -85 as an emergency; operative 2 -1 -85 (Register 85, No. 8). 2. Repealed by operation of law 2 -1 -86. Readoption of section filed 1 -24 -86 as an emergency; operative 2 -1- 86 (Register 86, No. 4). 3. Repealed by operation of law 6 -2 -86. Resorption of section filed 5 -30 -86 as an emergency; operative 6 -1- 86 (Register 86, No. 22). 4. Repealed by operation of law 9- 29 -86. Readoption of section filed 9 -26 -86 as an emergency; operative 9- 29-86 (Register 66, No. 39) . A Certificate of Compliance must be transmitted to OAL no later than 1 -27 -67 or section will be repealed by operation of law ( Government Code section 11346.1(g)). 5. Readoption of section filed 1 -26 -B7 as an emergency; operative 1 -27 -87 (Register 87, No. 5). A Certificate of Compliance must be transmitted to OAL no later than 5 -26 -87 or section will be repealed by operation of law (Government Code section 11346.1(9)). 6. Readoption of section filed 5 -26 -87 as an emergency; operative 5 -26 -67 (Register 87, No. 221. A Certificate of Compliance must be transmitted to OAL no later than 9 -23 -87 or section will be repealed by operation of law (Government Code section 11346.1(g)). 7. Repealer and new section transmitted to GAL 9 -23 -87 and filed 10- 23 -87; operative 10 -23 -67 (Register 87, No. 43). B. Amendment of subsection (a)(3) filed 12 -21 -89 as an emergency; operative 1- 1 -90 (Register 90, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 5 -1 -90. 9. Amendment of subsection (a)(3) refiled 4 -30 -90 as an emergency; operative 4- 30 -90 (Register 90, No. 22). A Certificate of Compliance must be transmitted to GAL within 120 days or emergency language will be repealed by operation of law on 8- 28 -90. 10. Certificate of Compliance as to 4 -30 -90 order including amendment of NOTE transmitted to GAL 6 -27 -90 and filed 9 -26 -90 (Register 90, No. 44). 11. Amendment of section heading, text and Note filed 4- 18 -94; operative 5 -18- 94 (Register 94, No. 16). 12. Change without regulatory effect amending Note filed 6 -15 -99 pursuant to section 100, title 1, California Code Of Regulations (Register 99, No. 25). §10509. Limitations on Capachy NOTE Authority cited: Section 11834.13, Health and Safety Code. Reference: Sections 11634.12 and 11834.14(2), Health and Safety Code. HISTORY 1. New section filed 2 -7 -85 as an emergency; operative 2 -7 -85 (Register 85, No. 8). 2. Repealed by operation of law 2 -1 -86. Readoption of section filed 1 -24 -86 as an emergency; operative 2 -1- 86 (Register 86, NO. 4). 3. Repealed by operation of law 6 -2 -86. Readoption of section filed 5 -30 -86 as an emergency; operative 6 -1- 86 (Register 86, No. 22) . http:// www. adp. ca. gov/ licensing/regs/Reg_2_10505.shtinl 1/8/2008 Section 10505: California Alcohol and Drug Programs 4. Repealed by operation of law 9- 29 -86. Readoption of section filed 9 -26 -66 as an emergency; operative 9- 29-86. A Certificate of Compliance at be transmitted to CAL no later than 1- 27 -67, or section will be repealed by operation of law (Gov. C. 11346.1(gl) (Register 86, No. 39) . 5. Readoption of section filed 1 -26 -61 as an emergency; operative 1- 27 -87. A Certificate of Compliance must be transmitted to 0AL no later than 5- 26 -B7, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5). 6. Readoption of section filed 5 -26 -87 as an emergency; operative 5- 26 -87. A Certificate of Compliance must be transmitted to CAL no later than 9- 23-67, or section will be repealed by operation of law (Gov. C. 11346.1(g)1 (Register 67, No. 22). . Repealer and new section transmitted to OAL 9 -23 -87 and filed 10- 23 -87; operative 10 -23 -87 (Register 87, No. 43) . S. Renumbering of former section 10509 to section 10513 filed 4- 18 -94; operative 5 -16 -94 (Register 94, No. 16) . §10510. Prohibition against False Claims Regarding Licensure. Page 4 of 5 No licensee, officer, or employee of a licensee shall make or disseminate any false or misleading statement regarding licensure of the facility or any of the services provided by the facility. NOTE Authority cited: Sections 11755, 11634.50 and 11835, Health and Safety Code. Reference: Section 11834.36, Health and Safety Code. HISTORY 1. New section filed 2 -7 -85 as an emergency; operative 2 -7-65 (Register 85, No, 6). 2. Repealed by operation of law 2-1 -86. Readoption of section filed 1 -24 -86 as an emergency; operative 2 -1- 86 (Register 86, No. 4). 3. Repealed by operation of law 6 -2 -86. Readoption of sectior. filed 5 -30 -86 as an emergency; operative 6 -1- 86 (Register 66, No. 22). 4. Repealed by operation of law 9- 29 -86. Readoption of section filed 9 -26 -86 as an emergency; operative 9- 29-86. A Certificate of Compliance must be transmitted to OAL no later than 1- 27 -87, or section will be repealed by operation of law (Gov. C. 11346.1(9)) (Register 86, No. 39), 5. Readoption of section filed 1 -26 -87 as an emergency; operative 1- 27 -87. A Certificate of Compliance must be transmitted to CAL no later than 5- 26 -87, or section will be repealed by operation of law (Gov. C. 11346.1(9)) (Register 87, No. 5). E. Readoption of section filed 5 -26 -81 as an emergency; operative 5- 26 -87. A Certificate of Compliance must be transmitted to CAI. no later than 9- 23 -87, or section will be repealed by operation of law (Gov. C. 11346.1(9)) (Register 87, No, 22). 1. Repealer and new section transmitted to CAL 9 -23 -87 and filed 10- 23-67; operative 10 -23 -67 (Register B7, No, 43). 8. Amendment of section heading, text and Note filed 4- 16 -94; operative 5 -1B- 94 (Register 94, No. 16) . §10511. Requirement to Post License. The licensee shall: (a) Post the license in a conspicuous place in the facility, where it can be son by anyone entering the facility, and (b) Make the license available for inspection upon request. NOTE Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.30, Health and Safety Code. HISTORY 1. New section filed 2 -7 -85 as an emergency; operative 2 -7 -85 (Register 85, No. 8). 2. Repealed by operation of law 2 -1 -86. Readoption of section filed 1 -24 -86 as an emergency; operative 2 -1- 86 (Register 86, No. 4). 3. Repealed by operation of law 6 -2 -86. Readoption of section filed 5 -30 -86 as an emergency; operative 6 -1- 86 (Register 86, No. 22). 4. Repealed by operation of law 9- 29 -86. Readoption of sectior. filed 9 -26 -B6 as an emergency; operative 9- 29-86. A Certificate of Compliance must be transmitted to CAL no later than 1- 27 -67, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39). http: / /www.adp.ca.gov/ licensing /regs/Reg_2_10505.shtml 1/8/2008 Seetion 10505: California Alcohol and Drug Programs 5. Readoption of section filed 1 -26 -87 as an emergency; operative 1- 27 -87. A Certificate of Compliance must be transmitted to CAL no later than 5- 26 -87, or section will be repealed by operation of law (Gov. C. 11346.119)) (Register 87, No. 51. 6. Readoption of section filed 5 -26 -B7 as an emergency; operative 5- 26 -81. A Certificate of Compliance must be transmitted to OAL no later than 9- 23 -87, or section will be repealed by operation of law (Gcv, C. 11346.1(g)) (Register 87, No. 22). Repealer and new section transmitted to CAL 9 -23 -67 and filed 10- 23 -67; operative 10 -23 -87 (Register 87, No. 43). 8. Amendment of section heading, text and Note filed 4- 16 -94, operative 5 -18- 94 (Register 94, No. 16). §10512. Alteration of License. No licensee, officer, or employee of a licensee shall after a license or disseminate an altered license NOTE Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.30, Health and Safety Code, HISTORY 1. New section filed 4- 18 -94; operative 5 -18 -94 (Register 94, No. 16). §10513. Adherence to Express Conditions of Licensure. A licensee shall not operate a facility beyond the conditions and limitations specified on the license. NOTE .Authority cited: Sections 11755, 11834.50 and 11635, Health and Safety Code. Reference: Sections 11834.10 and 11634.30, Health and Safety Code. HISTORY 1. Renumbering and amendment of former section 10509 to section 10513 filed 4- 18 -94; operative 5 -18 -94 (Register 94, No, 16). Conditions of Use I Privacy Policy Copyright ® 2007 State of California Page 5 of 5 http: / /www.adp.ca.gov/ licensing /regs/Reg_2_10505.shtml 1/8/2008 Section 10505: California Alcohol and Drug Programs VOTE Authority cited: Section 11834.13, Health and Safety Code. Reference: Sections 11034.10, 11834.12 and 11834.1.9, Health and Safety Code. HISTORY 1. New section filed 2 -7 -85 as an emergency; operative 2 -7 -85 (Register 65, No. 8). 2. Repealed by operation of law 2 -1 -86. Readoption of section filed 1 -24 -86 as an emergency; operative 2 -1- 86 (Register 06, So. 4). 3. Repealed by operation of law 6 -2 -86. Readoption of section filed 5 -30 -B6 as an emergency; operative 6 -1- 86 (Register 86, No. 22). 4. Repealed by operation of law 9- 29 -06. Readoption of section filed 9 -26 -66 as an emergency; operative 9- 29-86 (Register 86, No. 39). A Certificate of Compliance must be transmitted to OAL no later than 1 -27 -87 or section will be repealed by operation of law (Government Code section 11346.1(8)). 5. Readoption of section filed 1 -26 -67 as an emergency; operative 1 -27 -B7 (Register 87, No. 5). A Certificate of Compliance must be transmitted to OAL no later than 5 -26 -87 or section will be repealed by operation of law (Government Code section 11346.1(g)). A. Readoption of section filed 5 -26 -87 as an emergency; operative 5 -26 -07 (Register 89, No. 22). A Certificate of Compliance must be transmitted to OAL no later than 9 -23 -87 or section will be repealed by operation of law (Government Code section 11346. 1(g)). 7. Repealer and new section transmitted to OAL 9 -23 -67 and filed 10- 23 -87; operative 10 -23 -B7 (Register 87, No. 43). 6. Amendment of subsection (a) filed 12 -27 -89 as an emergency; operative 1 -1 -90 (Register 90, No. 1). A Certificate of Compliance must be transmitted to CAL wi Lhiu 120 days or emergency language will be repealed by operation of law on 5 -1 -90. 9. Amendment of subsection (a) refiled 4 -30 -90 as an emergency; operative 4 -30 -90 (Register 90, Vo. 22) . A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6- 28 -90. 10. Certificate of Compliance as to 4 -30 -90 order including amendment of Note transmitted to OAL 8 -27 -90 and filed 9-26 -90 (Register 90, No. 44). 11. Repealer filed 4- 18 -94; operative 5 -18 -94 (Register 94, No. 16). §10507. Exemption from Licensure. VOTE Authority cited: Section 11834.13, Health and Safety Code. Reference: Sections 11634.10 and 11834.19, Health and Safety Code. HISTORY 1. New section filed 2 -7 -85 as an emergency; operative 2 -7 -85 (Register 65, No. 8) Page 2 of 5 2. Repealed by operation of law 2 -1 -86. Readoption of section filed 1 -24 -86 as an emergency; operative 2 -1- 86 (Register 86, No. 4). 3. Repealed by operation of law 6 -2 -86. Readoption of section filed 5 -30 -86 as an emergency; operative 6 -1- 86 (Register 86, No. 22). 4. Repealed by operation of law 9- 29 -86. Readoption of section filed 9- 26 -86as an emergency; operative 9 -29- 86 (Register 66, No. 39). A Certificate of Compliance must be transmitted to OAL no later than 1 -21 -81 or section will be repealed by operation of law (Government Cade section 11346.1(,)). 5. Readoption of section filed 1 -26 -87 as an emergency; operative 1 -27 -87 (Register 87, No. 5). A Certificate of Compliance must be transmitted to CAL no later than 5 -26 -87 or section will be repealed by operation of law (government Code section 11346.1(g)). 6. Readoption of section filed 5 -26 -87 as an emergency; operative 5 -26 -87 (Register 87, No. 22). A Certificate of Compliance must be transmitted to OAL no later than 9 -23 -87 or section will be repealed by operation of law (Government Code section 11346.1(g)). 7. Repealer and new section transmitted to OAL 9 -23 -67 and filed 10- 23 -87; operative 10 -23 -87 (Register 87, No. 43). B. Amendment of initial paragraph and subsections (h) and (j) filed 12 -27 -89 as an emergency; operative 1 -1- 90 (Register 90, No. 1). A Certificate of Compliance must be transmitted to CAL within 120 days or emergency language will be repealed by operative of law on 5 -1 -90. 9. Amendment of initial Paragraph and subsections (h) and (;) refiled 4 -30 -90 as an emergency; operative 4- 30-90 (Register 90, No. 22). A Certificate of Compliance must be transmitted to CAL within 120 days or emergency language will be repealed by operation of law on 8- 28 -90. http: //www.adp.ca.gov/ licensing /regs/Reg_2_10505.shtml 1/8/2008 . Section 10505: California Alcohol and Drug Programs CALIFORNIA r.: ALCOHOL AND DRUG PROGRAMS Page 1 of 5 Home �> Laws & Regulations -p Licensure Regulations � Section 10505 California Code of Regulations Title 9. Rehabilitation and Developmental Services Division 4. Department of Alcohol and Drug Programs Chapter 5. Lioensure of Residential Alcoholism or Drug Abuse Recovery Subchapter 2. Licensing Process Article 2. Requirement for Licensure §10505. Requirement for Licensure. (a) Except for facilities operated by a State agency, no person, firm, partnership, association, corporation, county, city, public agency or other governmental entity shall operate, establish, manage, conduct, or maintain a facility which provides 24 -hour nonmedical, residential, alcoholism or drug abuse recovery or treatment services to adults wit out first obtaining a current, valid license from the Department. "(b) Except for facilities operated by a State agency, no person, firm, partnership, association, corporation, county, city, public agency or other governmental entity shall hold out, advertise, or represent by any means that it is operating, establishing, managing, conducting, or maintaining a facility which provides 24 -hour nonmedical, residential, alcoholism or drug abuse recovery or treatment services to adults without first obtaining a current, valid license from the Department. (c) As used in this regulation, "operated by a State agency' shall not include agencies which provide services through a contractual arrangement with a State agency. NOTE Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11034.01 and 11834.30, Health and Safety Code. HISTORY 1. New section filed 2 -7 -65 as an emergency; operative 2 -7 -85 (Register 85, No. 8) 2. Repealed by operation of law 2 -1 -86. Readoption of section filed 1 -24 -86 as an emergency; operative 2 -1- 86 (Register 86, No. 4). 3. Repealed by operation of law 6 -2 -86. Readoption of section filed 5 -30 -86 as an emergency; operative 6 -1- 86 (Register 66, No. 22). 4. Repealed by operation of law 9- 29 -86. Readoption of section filed 9 -26 -86 as an emergency; operative 9- 29-86. (Register 86, No. 39). A Certificate of Compliance must be transmitted to OAL no later than 1 -27 -67 or eection will be repealed by operation of law (Government Code section 11346.1(g)). 5. Readoption of section filed 1 -26 -87 as an emergency; operative 1 -21 -87 (Register 87, No. 5). A Certificate of Compliance most be transmitted to OAL no later than 5 -26 -67 or section will be repealed by operation of law (Government Code section 11346.1(g)). 6. Readoption of section filed 5 -26-81 as an emergency; operative 5 -26 -87 (Register 81, No. 22). A Certificate of Compliance must be transmitted to OAL no later than 9 -23 -87 or section will be repealed by operation of law(Government Code section 11346.1(g)). . Repealer and new section transmitted to OAL 9 -23 -87 and filed 10- 23 -87; operative 10 -23 -67 (Register 87, No. 43). B. Amendment filed 12 -27 -89 as an emergency; operative 1 -1 -90 (Register 90, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of I.. on 5 -1 -90. 9. Amendment refiled 4 -30 -90 as an emergency; operative 4 -30 -90 (Register 90, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 8- 28 -90. 10. Certificate of Compliance as to 4 -30 -90 order including amendment of NOTE transmitted to OAL 8 -27 -90 and filed 9 -26 -90 (Register 90, No. 44). 11. Amendment of section heading, text and Note filed 4- 18 -94; operative 5 -18 -94 (Register 94, No. 16)- 12. Change without regulatory effect adopting new article 2 heading filed 11 -17 -94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 46). §10.506. Operating Without a License. http: / /www.adp.ca.gov/ licensing /regs/Reg_2_10505.shttnl 1/8/2008 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 -24831 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 party 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: December 29, 2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 09, 2008 at Costa Mesa, California. • 7(p" Jpt1 I C J IIIIIFIEAIm16 t. Proposals impacting GROUP RESIDENTIAL uses is residential zones USE ORDINANCE and specific plan dis- NOTICE 15 HEREBY GIV- tricts including pro - EN that the City Council posed licensed of the City of Newport treatment facilities and Beach will hold a public proposed unlicensed hearing concerning the sober living" facilities proposed adoption of a in the City's R-1, R -1.5, new ordinance applying R -2. and MFR zones, by to Group Residential and Prohibiting alt but related uses citywide, standalone ADP= including specific plan licensed "6 and Under" districts. The ordinance treatment facilities in affects: zones R -1, R -1.5, R -2, — and MFR and allowing new stand -alone un- licensed "sober living" facilities with a Use Per- mit only in MFR. 2. Defining "integral fa- cilities" and "integral uses" citywide as such integration relates to Group Residential Uses, thus enabling the City to regulate larger, integral- . ed facilities with Use Permits or by excluding them from certain zones. 3. Establishing and de- scribing a Use Permit process for considering the continuation of cer- tain existing Residential Uses rendered noncon- forming by the troll- name in R. R -1.5 and R-2 zones. 4. Setting forth applica- tion requirements and conditions for a Hearing Officer to consider when reviewing Use Permit applications for Group Residential Uses in the City. 5. Setting forth an peal procedure of the the Hearing Officer's deter- mination. 6. Setting forth a path Reasonable Accom- in modation from the City's regulations on Group Residential Uses when such regulations affect persons with dis- abilities who may not be able to secure housing because of the City's regulations; and 7. Other actions de- scribed in the proposed ordinance. NOTICE IS HEREBY FUR- THER GIVEN that said public hearing will be held on January B, 2008. at the hour of 7:00 p.m. in the Council Chambers (Building A) of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons in terested may appear and be heard thereon. For information call (949) 644 -3DG2 or e- mail dkiff(g )city.newport- beach.ca.us. Staff re- ports, the draft ordi- nance. and related materials will be avail . able not later than Fri day. January 4, 2006 on the City's website at www. city.newport- beach.ca.us. Written comments are wel- comed, also using the City's website. LaVonne M. Harkless, City Clerk City of Newport Beach Published Newport Beach /Costa Mesa Daily Pilot December 29. 2007 Sa476