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HomeMy WebLinkAbout13 - Sober Living by the SeaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 November 9, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Janet Johnson Brown, Associate Planner 949 - 644 -3236, or Ibrown newportbeachca.gov Office of the City Attorney David R. Hunt, City Attorney 949 - 644 -3131, or dhunt @.newportbeachca.gov SUBJECT: Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. (PA2008 -199) ISSUE: City Council's annual review of the Zoning Implementation and Public Benefit Agreement (Zoning Agreement) between the City of Newport Beach and Sober Living by the Sea, Inc. (SLBTS) to determine if SLBTS has demonstrated good faith compliance with the terms of the Zoning Agreement. RECOMMENDATION: 1) Conduct a public hearing; and 2) Find that the applicant has demonstrated good faith compliance with all but one term of its Zoning Agreement and establish milestones to address that one term; and 3) Receive and file documents submitted by SLBTS to demonstrate good faith compliance with the terms of the Zoning Agreement (Attachment CC 1) DISCUSSION: Introduction: This is the first annual review of the SLBTS Zoning Agreement. Staff has conducted an extensive review of SLBTS's operations and the requirements of the Zoning Agreement. Staffs review indicates that SLBTS has made a good faith effort to comply with the terms of the Zoning Agreement throughout the year, and is currently in compliance with Annual Review of Development Agreement (PA2008 -199) November 9, 2010 Page 2 all requirements except the parking lot requirement for SLBTS' Villa Way facility, discussed below. Through the review process, staff has established mutually agreed -upon administrative protocol related to City inspection of the facilities, opening or relocation of facilities proposed by SLBTS, and procedures related to future annual compliance reviews. To the extent possible, all future annual reviews of the SLBTS Zoning Agreement will be conducted at the second regular City Council meeting in July of each year. Staff has summarized the administrative protocol in the Zoning Agreement Administration memorandum, which SLBTS has agreed to follow (Attachment CC 2). Although the SLBTS Zoning Agreement makes reference to "beds occupied," the City and SLBTS recognize that reference to "beds occupied" does not present an easily verifiable criteria by which to determine compliance with the total number of occupied beds allowed pursuant to the Zoning Agreement. Both the City and SLBTS agree that all future references shall be "client beds" in order to provide an objective and accurate inventory of beds available for clients in individual facilities, and beds available for clients throughout the City. The City will conduct a further investigation should a facility have beds available that exceed the total number of "beds occupied" allowed under the Zoning Agreement. Staff's review of SLBTS' facilities reveals that the number of client beds has declined from 204 beds in May 2008, when SLBTS submitted applications for use permits, to 122 beds in December 2009, to 100 beds in June 2010, as shown in the chart below. (See Attachment CC 3 Inventory of Client Beds listed by address.) 250 200 150 100 50 0 Background: May'08 Dec.'09 June'10 W NumberorClient Beds The final form of the Zoning Agreement was executed and entered into on September 30, 2009, and recorded with the County Recorder's Office on October 23, 2009. The Q Annual Review of Development Agreement (PA2008 -199) November 9, 2010 Page 3 SLBTS Zoning Agreement was approved under California's statutes relating to development agreements (California Government Code Section 65864- 65869.5). The Zoning Agreement provides that the City and SLBTS shall conduct a review at least once every 12 months for good faith compliance with the terms of the agreement, consistent with California Government Code Sections 65865 and 65865.1, and with Section 15.45.080 (Development Agreements - Periodic Review) of the Newport Beach Municipal Code (NBMC). If the City Council finds and determines that the applicant has not complied in good faith with terms or conditions of the agreement, the City Council may pursue remedies as approved by the agreement. The date for the annual review of the Zoning Agreement is muddied by the nuances of this particular agreement and its execution. The Zoning Agreement provides that the effective date shall be the ninety-first day following the City Council's passage of the ordinance approving the Zoning Agreement, that being May 12, 2009. Section of 14 of the Zoning Agreement then requires the annual review to be conducted once every twelve months from the effective date. Unfortunately, the Zoning Agreement was not fully executed until September 30, 2009, and NBMC Section 15.45.080 requires annual review once every 12 months from the date of execution. In light of this ambiguity, the City and SLBTS have agreed to conduct the annual review in July of each year since it falls between the two competing dates. This also falls within the month following the submission of a Compliance Review Report by SLBTS as required by the Zoning Agreement. Thus, the next annual review will be presented to the Council for its consideration in July 2011. Terms and Conditions of the Zoning Agreement: The Zoning Agreement establishes the duties of both SLBTS and the City in regards to SLBTS' sober living homes and licensed treatment facilities (Attachment CC 4). As set forth in Exhibit B of the Zoning Agreement, a limit is set on the number of client beds permitted in SLBTS's facilities in the Peninsula Zone at 156 beds maximum, and 204 beds maximum city-wide. The Zoning Agreement establishes required distancing of SLBTS' facilities from other similar facilities, and from certain other uses such as schools, parks and large licensed day care facililties. It also establishes operational regulations by which SLBTS is required to comply. Specific required conditions of the Zoning Agreement are summarized in the SLBTS Compliance Review Matrix (Attachment CC 7) discussed below. Compliance Review The Zoning Agreement provides that SLBTS shall submit a Compliance Review Report on or before December 31 and June 30 of each year of the term of the Zoning Agreement. The Compliance Review Report is required to document the current status of the SLBTS operations and provide information relating to facility locations and bed counts. Annual Review of Development Agreement (PA2008 -199) November 9, 2010 Page 4 SLBTS has submitted its Compliance Review Reports within the deadlines required by the Zoning Agreement (Attachment CC 5). The accuracy of the information in the Compliance Review Report is verified by the City through on -site inspections of the facilities. The Code Enforcement Division conducted interior and exterior inspections of 11 SLBTS facilities at various times throughout the year. The dates and locations of facility inspections are summarized in the table below. Copies of Code Enforcement inspection reports are provided in Attachment CC 6. External Inspection all facilities 6111 Seashore Dr. 11240 ' St. 100- 102Via Antibes, 208 Via Lido Soud In Compliance In Compliance Improper use of bedroom as separate dwelling unit in 102 Via Antibes unit. Garage spaces not clear & accessible for parking. n 505 29' St. In Compliance 5004 Neptune Ave. In Compliance Units A & B 5101 B River Ave. In Compliance 4500 -4504 In Compliance Seashore Dr. 4711 & 4711 '/ Improper di Seashore Dr. medical waste 611 4183 50529... Street 5101 River Avenue of 4500 -04 Seashore Dr. 4800 Seashore Dr. pliance Improper disposal of medical waste. Improper maintenance and /or placement of trash receptacles. Code Enforcement notified property owner; issues corrected. Note: 100 -102 Via Antibes and 208 Via Lido Soud Code Enforcement advised SLBTS on 913010 of needed correction. SLBTS directed facility manager to revert to correct method. Code Enforcement advised SLBTS on 9/3010 of needed correction. SLBTS directed facility manager to revert to correct disposal method. Code Enforcement advised SLBTS on 9/30/10 that all receptacles must have lids and be store in contained area. Conditions have been corrected. H Annual Review of Development Agreement (PA2008 -199) November 9, 2010 Page 5 Staffs review of SLBTS' overall compliance during the past 12 months is summarized in the attached matrices (Attachment CC 7). Each matrix lists the specific regulations of the Zoning Agreement, the date and results of inspections conducted by the City, any complaints received by the City, and staff notes. Each matrix also reflects the areas in which SLBTS was advised to take corrective action, and the results of that corrective action. • The first matrix summarizes the applicable regulations of the Zoning Agreement related to the overall operations of SLBTS' properties. It identifies where the City confirmed SLBTS is in compliance with specific requirements. • The second matrix applies to the SLBTS office use at 2811 Villa Way and the conditions specified in Exhibit C of the Zoning Agreement ( "Determination Letter" issued by the Planning Director on August 25, 2006). The matrix identifies where the City has been able to confirm SLBTS is in compliance with the conditions required in the Determination Letter, and where further good faith efforts are required. • The third matrix includes separate sheets for each individual SLBTS facility, including facilities closed within the past year. This matrix identifies those areas where the City has confirmed that SLBTS is in compliance with the specific requirements of the Zoning Agreement at individual facilities. Where corrective action was required at individual facilities, recommendations and SLBTS responses are noted. Dispersal of Existing Facilities Under the Zoning Agreement, SLBTS is required to move certain of its operations so that, generally, no more than one building per block' or across a bordering street is occupied by any facility operated by SLBTS or other operators of a sober living or treatment facility. Through negotiation of the Zoning Agreement, several exceptions to the dispersal requirement were created. SLBTS may keep the facilities located at: Facility Address- Ezceptio TI 112 B 40t St. and 3960 -3980 Seashore Drive Located in same block 122 45th Street, Units A & B 2 , and 4500 04 Seashore Drive Across a bordering street 'Per the NBMC, a block is defined as "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)." 2 Although not required by the Zoning Agreement, SLBTS has closed the facilities at 122 45th Street, Units A &B. J Annual Review of Development Agreement (PA2008 -199) November 9, 2010 Page 6 Facility Address Exception, 6110 West Ocean Front and 6111 Seashore Across a bordering street Drive 4800 Seashore Drive, Units A & B and either Located in same block 4816 Seashore Drive, Units A & B Or 4711 and 4711 '% Seashore Drive Across a bordering street_ SLBTS has taken a number of steps to comply with these provisions. To accelerate the dispersal process, it has closed all but one of its facilities subject to dispersal. The final facility subject to dispersal, 4816 Seashore Drive, is scheduled to relocate on or before December 30, 2010. This date is well within the 30 months required under the Zoning Agreement. SLBTS has closed other facilities not subject to dispersal during the past year, primarily due to economic reasons. SLBTS facilities closed since October 2009 are: • 5101 River Avenue, Unit A • 100 -102 Via Antibes, 208 Via Lido Soud (a single building containing 3 units) • 11634 t Street, Units A and B • 118 45th Street, Units A and B • 12245 th Street, Units A and B • 112 40th Street, Unit A (now SLBTS staff only) As of October 1, 2010, there are 18 SLBTS facilities currently open providing a total of 94 client beds in 18 dwelling units. Of the facilities currently open, one is scheduled to relocate within the next two months (4816 Seashore Drive), one new facility has been opened (4138 Patrice Road), and use of a unit formerly used for staff only has been changed to allow two client beds (4711 % Seashore Drive). The new facility located at 4138 Patrice Road is located in a residential district zoned for multifamily residential use (MFR) outside of the Peninsula Zone. This facility houses six or fewer female clients, and its state license is pending at this time. This facility was opened in violation of the terms of the Zoning Agreement due to the fact the opening occurred prior to the final dispersal required under the Zoning Agreement. However, the facility is located within an MFR zone as would be required under the terms of the Zoning Agreement. Additionally, since this facility was opened while SLBTS was in the process, and in fact, nearing the end of its final required dispersal, and the facility meets all the requirements of the Zoning Agreement for dispersal, staff views the opening of this facility as generally consistent with the terms and intent of the Zoning Agreement. Please refer to Attachment CC 8 for a map showing the location of all open and closed SLBTS facilities as of October 1, 2010. T Annual Review of Development Agreement (PA2008 -199) November 9, 2010 Page 7 24- hour - per -day Hotline SLBTS has established a hotline that operates 24 hours per day for the purpose of receiving inquires and /or complaints regarding the operations of its facilities. SLBTS has indicated they will respond to all inquires and /or complaints within a 24 -hour period. The hotline telephone number is 949 - 554 -1147. Complaints can also be submitted to the City's Code Enforcement Division at 949 - 644 -3215. Villa Way Facility SLBTS has operated an office and meeting facility at 2811 Villa Way since 1998. The conditions related to the operations of this facility are specified in the Determination Letter (Exhibit C of the Zoning Agreement) issued in August 2006.3 Per the Determination Letter, SLBTS may conduct an average of 10 meetings per week at this facility (averages calculated over a four week period, with no more than 12 meetings permitted in any single week), attended by no more than 20 persons. A requirement of the Determination Letter is that SLBTS maintain records that document the number of meetings per week and number of persons in attendance. SLBTS discontinued maintaining the logs after 2007. Staff advised SLBTS to begin maintaining logs on an ongoing basis, which they have done. In order to confirm compliance with this requirement, SLBTS has prepared attendance logs based on other program records (these records are on file in the Planning Department). The program records indicate SLBTS is in compliance with this requirement. Another requirement of the Determination Letter is that SLBTS construct a 13 -space off - site parking lot on a vacant lot across the street at 2807 Lafayette Avenue. SLBTS does not own this property, but arranged a lease with the property owner, commenced improvements and applied for building permits from the City in 2007. However, SLBTS has still been unable to reach an agreement with the property owner regarding environmental cleanup of the site. In the meantime, the building permits issued by the City to construct the parking lot expired on April 17, 2010. Staff requested SLBTS to provide an update on the progress it is making towards construction of the required off -site parking lot. SLBTS reports ongoing attempts to obtain cooperation from the property owners, and states that it has expended substantial amounts on improvements to remove and replace two driveway approaches, install an ADA ramp, and curb and gutter improvements. SLBTS reports it has made more than 15 attempts, directly and through its attorneys, to obtain cooperation in environmental cleanup of the site designated for off -site parking lot use. Copies of a portion of the correspondence from SLBTS attorneys to the property owner of the vacant lot are attached (Attachment CC 9) as an indication of SLBTS' continued good 3 The detailed requirements are set forth in the Determination Letter, incorporated by reference in the Zoning Agreement and attached to the Zoning Agreement as Exhibit C. The requirements of the Determination Letter are summarized in the Villa Way facility matrix, Attachment CC 7 to this staff report. %1 Annual Review of Development Agreement (PA2008 -199) November 9, 2010 Page 8 faith best efforts to achieve compliance in this area. (The complete record of correspondence is on file with the Planning Department.) Staff has determined that SLBTS is not in compliance with the requirement to provide an off -site parking lot. Staff proposes an eight -month timeline for material progress in this area. To bring SLBTS into compliance, staff proposes the following schedule and milestones for 2010 - 2011: • Allow up to two months to work with the property owner and the Water Quality Control Board to reach a resolution on environmental cleanup and construction of the off -site parking lot. If SLBTS can not make material progress on cleanup and construction of the off -site parking lot within the two -month period, staff proposes SLBTS use the next two to four months to seek alternative locations for off -site parking and pursue and enter into an off -site parking agreement as needed. Parolees and Govemmental Referrals To determine whether SLBTS is operating in compliance with the operational requirement that it house no parolees or government referrals at any of its Newport Beach facilities, the Newport Beach Police Department (NBPD) performed parolee checks for all SLBTS addresses on the following dates: January 28, 2010, April 29, 2010, July 29, 2010, September 30, 2010 and October 21, 2010. No SLBTS facility was listed as housing parolees. A memo from the NBPD is attached, summarizing the method used by the NBPD to confirm that no parolees are being housed at any SLBTS address. (Attachment CC 10) The NBMC restricts any residential use from housing more than one probationer for monetary or non - monetary compensation. Like other residential uses, SLBTS is subject to this limitation. SLBTS reports that it treated a total of three probationers in 2010 for brief periods, and that each probationer was housed at a separate location. SLBTS reports that it does not accept clients referred by any government agency for care and supervision at any SLBTS facility. Calls for Service and Other Complaints The NBPD has reviewed calls for service related to the SLBTS facility addresses from October 2009 to September 30, 2010. The NBPD found no complaints submitted by the public relating to any of the SLBTS facility addresses during the period the facilities were operated by SLBTS. The City's Code Enforcement Division has reviewed other complaints received by the City during this period. The four complaints submitted by the public are summarized in the table below. 011111111 Annual Review of Development Agreement (PA2008 -199) November 9, 2010 Page 9 Location Complaint r Resolution 100 -102 Via Antibes Residents smoking outside, Staff reported complaint to SLBTS; intrusive behavior to passersby SLBTS addressed promptly; male clients relocated 4711 Seashore Secondhand smoke detected Staff reported complaints to off property SLBTS, SLBTS addressed promptly 2811 Villa Way Excessive noise /congregation, Staff reported to SLBTS; SLBTS smoking near adjacent office reports operational changes made uses to address complaint Van #4 Failure to stop at stop sign; cell Staff reported date and location of phone use reported incident to SLBTS; SLBTS reports addressing with van driver There were no subsequent complaints received regarding these facilities. During the September 30, 2010, meeting with a SLBTS representative, staff recommended additional measures to reduce or eliminate the impact of secondhand smoke from the 4711 Seashore Drive facility on the adjoining properties, such as limiting the number of clients smoking in the side yard along 47th Street to no more that three or four clients at any given time. Although not required by the Zoning Agreement, City staff reviewed the City's parking and moving violation records, and noted that SLBTS vans holding Master Parking Permits received a total of seven parking citations and three moving violations between October 2009 and October 2010. This does not represent a violation of the terms of the Zoning Agreement, but reflects the necessity for off - street parking arrangements. The table below summarizes parking violations and moving violations issued during calendar years 2009 and 2010 to SLBTS vehicles with Master Parking Permits. 9I Annual Review of Development Agreement (PA2008 -199) November 9, 2010 Page 10 Conclusion: In summary, staff believes that SLBTS has made good faith efforts to comply with all terms of the Zoning Agreement and is in compliance will all terms of the Zoning Agreement with the exception of the requirement to provide an off -site parking lot for its Villa Way office facility. Staff recommends that the City Council: 1. Find that SLBTS has demonstrated good faith compliance with the terms of the Zoning Agreement, except the requirement to provide an off -site parking lot to serve its Villa Way office facility; and 2. Accept staffs recommendation for the milestones to bring SLBTS into compliance with this required term of the Zoning Agreement; and 3. Receive and file the documents submitted by SLBTS to demonstrate compliance for the period of October 2009 through September 2010. The next annual review will be brought back to the City Council for consideration in July 2011 consistent with the review protocol promulgated by the Office of the City Attorney. Environmental Review: This annual review is exempt from environmental review pursuant to Section 1.5321 of the Guidelines for Implementation of the California Environmental Quality Act. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to all owners and occupants of property within 300 feet of the boundaries of each of the property locations, and mailed to the applicant at least 10 days prior to this hearing, consistent with the provisions of the NBMC. Notice of this hearing was also posted at each property location at least 10 days prior to this hearing. Additionally, the item was shown on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: ,t 9, Ja t J nson Brown sd iate Planner David R. Hunt City Attorney /0 Annual Review of Development Agreement (PA2008 -199) November 9, 2010 Page 11 Attachments: CC 1 SLBTS Documents Demonstrating Compliance CC 2 Zoning Agreement Administration Protocol CC 3 Inventory of Client Beds CC 4 Zoning Agreement CC 5 SLBTS Compliance Review Reports CC 6 Code Enforcement Inspection Reports CC 7 SLBTS Compliance Matrices CC 8 Map of SLBTS Facilities — Open and Closed as of October 2010 CC 9 SLBTS Correspondence Re: Vacant Lot (parking lot site) CC 10 NBPD Memorandum Re: Parolees and Probationers Attachment No. CC 1 SLBTS Documents Demonstrating Compliance RECRIVL?D By PLANNING DEPARTMENT Exhibit G NOV 1 2010 Sober Living By The Sea Bi- Annual Compliance Review Report Date Report Submitted: Oct, 29, 2010 CITY OF NEWPORT BEACH This form covers operations as of October 1, 2010. As of this date Sober Living By The Sea (SLBTS) managed or controlled the following facilities in Newport Beach: SLBTS FACILITIES Property Address Peninsula Zone (Y or N) Treatment Bed Count ADP License (Y or N) Peninsula Off Peninsula 4138 Patrice N 6 Y 4711 Seashore Y 6 Y 4711 '% Seashore y 2 N 505 291h Street y 6 y 3960 Seashore y 4 y 3980 Seashore Y 6 Y h 11240 StUnit A Y 0 (2 staff only) N 112 40ffi St Unit B y 6 N 4500 / 4504 Seashore Y 10 y , units A & B Y 10 y , unit A Z-4 y 2 y , unit B y 6 y unit A y 6 N 5004 Neptune, unit B y 6 N 5101 River, unit B y 6 y 6110 West Ocean Front y 6 y 6111 Seashore n_.._i. n Y 6 y VUU "UU UOUnL. V4 Effective July 31, 2010, Sober Living by the Sea No longer operates facilities at: 100 -102 Via Antibes 208 Via Lido Effective August 1, 2010, sober Living by the Sea established a facility at: 4138 Patrice Road Effective Sept 1, 2010, Sober Living by the Sea established a facility previously used by staff only at: 4711 %2 Seashore Dr. Note: In the above chart, "Clients" and `Client Beds" has the same meaning as "beds occupied in the City at any time by persons who are patients, clients or customers of Sober Living" in the Zoning Agreement. In other words, if SLBTS has noted that it housed six Clients in a particular facility, then it also had an equal number of Client Beds ( "beds occupied in the City at any time by person who are patients, clients or customers of Sober Living') in that facility. The SLBTS Staff Member to join the City in any inspection of the above facilities shall be: Jeff Hamilton, ihamilton@crchealth.com . 949.279.1490 During the above Compliance Review Period, SLBTS's signature below indicates that it certifies that it has met all Operational Conditions as described in the Zoning Agreement and its exhibits. Sober Living By The Sea DATE 44 [Title] .lane( Brown lik3ta?fvisf> i't1' planner, Associate llt,etNN1'NC; t)I'rAtt'rititfNT 3300 Newport 131 v OCT 2 Now -port Beach. Ca 92663 C11YOFNZiWvol7 "f.HPAC.0 Re: Annual Review of Zoning Agreement Dear Ives. Brown: III t utherance of the information needed for the Annual Review of our Zoning Agreement, Sober Living By the Sea ( "SLBI-S ") sobmits the following responses to the matters of interest expressed by the City. For convenience and consistency, 1 am responding in the order that cacti issue appears in the, letter frorn the City Attorney, David 1•h11)t to Edward Dilkes, dated October 12, 2010. 1.. Da to i'or the Annual Review: NVe agree that having Ilie review on the Second \,Iceting of July would offer the best 2. time for that activity. we will adjust our reporting operations to make that date work. 3.. Second 1I ind 'Hoke: The coucero about second hand smoke at 4711 Seashore was immediately addressed by moving the smoking looation to the back'ofthe building. Given the prevailing direction of the wind at that address, we da "at cSpcct any fitrther problems. 4: .G ira e " sace: The garage at 100 - 102 Antibes may have been ftdl of furniture rind other kerns during the period that wo were closing that filcihtY. It is Crow closed and we do not occul)y that f leility; any longer. The facility at 4711 Seashore had bedding and personal Affects belonging to a client who was leavh)g titd facility at the time tine City's inspectors cntcred the garage. We invnccliaiely "loved the' obstructions to another room, and th Y client transported them to a new address; a few days later, We have also engaged i ongoing staff training .pn 1l,te,need to keep garage parking spaces available. . a fr3 Y 2S1 t Villa W'.iy ticav(mr't Beach, CA 92663 /iIGS (800)647- 0042 • (949)673-:6696 • Iaaax (4J49)675-4285 . 5. 1 rysh Oi pos_II: We have rel,cmeklk had the lids on trash cams taken. As a result, wv have had complaints, at various I';tcilities that tile, hash is not in a "Closed container as required by the NBINIC. We cecre unable to locate container, with attached lids that were within the cities weight limit". "'e, have increased sunrrll :uuc, which should salve Ow problem. I Ire disposal of sukx!:mce abuse tract kits has bccn ahr subiect of discussion. The,% arc not .:medical waste" any more than baby's diapers. sanitary napkins or incontinence pads. and are not prohibited in the pubic trash stream. That said. SLBTS has agreed to dispose of titer human fluids in the sanitary sewer and will Ilse the trash system only Inv the upended kits, themselves. Finally, to tile,, extent that trash cans are occasionally stored out of place, we have established procedures to ensure that the proper locations are uscel. We have undertaken staff training on these issues and will continue to do so. 6. 13ed A_11iUfnnt �AyVarious Locations: Apparently, on one inspection, there was a question about lice number of beds available for use at one facility. Sometimes the equipment belonged to clients who were coming or going from a facility. Sometimes it was equipment belonging to an employee. In all events. SLBTS has never exceeded the nu nher of beds for persons in recovery, in any facility. Parkin, Lot: SLBTS has leased (he property at the point of Villa Way and I.al'ayette, since the end of 2005. The curbs and gutters around that property were installed by SLBTS. Unfortunately coulpletion of all other work has been delayed by (he owner of the property. It is our understanding that the Water Quality Control Board is preparing a plan and will process it for approval. SLBTS has sent dozens of entails and letters in all effort to get the owners of the property to act, and have contacted the owners, the contractor and the attorneys, repeatedly. S, Unfor(unately, none of those el'liirts hats had any effect, and SLBTS has been able to fashion only 4 parking spaces out of the lot. We will continue to pressure (l)e owners to get the renedintion completed, but also need to open discussions about what to do Wall efforts fail. 9. e—etin s al 281I rilla Yav: SLB "I'S is within the maximum numbers,ol' clients perttiitted to attend 'mteetingsal ?S1 t Villa Way. SI,BTS previously (lid not keep general meeting attendance data. Rather, SL13TS maintai tied a "roll call' of cool) meeting, but those reeoeds are designed to monitor treatment of clients and cannot be released, because they contain the names ofthe participants. Disclosure of that "roll call" information would constitute a violation of our obligation to maintain the confidentiality ofour clients. Title 11 of tile Health Insurance Portability and Accountability Act, 29 USC 1 151 of seq. requires ongoing maintenance of client confidentiality, The regulations in 45 CFR 160 and 164 and 42 CPR Part 11 add additional detail to this obligation, (See 45 CFR 164 turd 42.C)rR Par( 11) Unfortunu ely attendance summaries were not prepared until this surnmer. In line future, SLBTS will maintain general ruceting attendance data. It will make data available to tile, city, as needed. For (lie current Annual review..S)LBTS rtea prepared summations of the maximum number of clients that could have anended dx meetings scheduled at 2S I I Villa \\'a}. It is unlikely than all of those unduplicntat individuals actually aucnded all orow mcethys to which they vrere theoretically capable of pal6eipation, but these maximum nunnbcrs are will v +ithin tilt: permitted limits, and should assure congntete compliance with the AgIcelaeol, by SHI IS. 10. Although various SL,BTS facilities are approved for housing people on probation to the County, onh 2 or 3 have actually resided in our 1101ilks in the last year. i \ll were housed at sims for very short periods of bone. Most importantly, no facility had more than one person on probation at any nuuncnt in time. 1 I. Yrcftec3ive_Soeial Care: Neither Alcoholism and Drug Treatment and Recovery Facilities drat are licensed by the State nor Sober living Ilonncs are facilities that provide "care and supervision," as defined in See6otn 310.2 of die California Building Code. None of the Facilities operated by SLBTS performs any of tee activities described in that section. As a matter oFcompany policy, no one is accepted into the programs at SLBTS, if they require such management. 12. Dcf ttitinn of `Client Beds:" Nve agree that the Zoning Agreement uses very cumbersome terminology to define the number of beds that are physically in place, for client use, at any Moment in time Accordingly, we propose using the terns, "Beds Available liar Clients" as the term to describe the number of beds theoretically available at tiny moment. The absolute number of beds permitted by the Coning Agreement is publically available information, and the nunnber of clients acatally in place (the `census" figure) is confidential information. Between those two is the number of beds that are actually available to clients, not all ol'which will be occupied at any specific moment. Your professionalism in completing this first tumult review has been appreciated, if there is any Farther information we can provide or any assistance we can be, please contact tile. Sincerely,. Kat(ifeeW ylvia I-D, Sober Living By The Sea Cc: John R Peloquin, I'antela Burke, Sr. Vice President and General Counsel J CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY David R. Hunt, City Attorney October 12, 2010 VIA FACSIMILE (323) 466 -8360 Edward Dilkes Attorney at Law 2443 Park Oak Drive Hollywood, CA 90068 RE: Sober Living by the Sea Annual Compliance Review — matters to address prior to hearing Matter No: A10 -00195 Dear Mr. Dilkes: Thank you for your call to our office on October 4, 2010 to discuss your client, Sober Living by the Sea's, (SLBTS) upcoming annual Zoning Agreement compliance review. It is scheduled to be heard before the Newport Beach City Council on November 9, 2010. We appreciate your clients' efforts to demonstrate good faith compliance with the terms of the agreement. We write to inform you of the approach the City will be taking in its report to the City Council, the issues we have resolved, and the issues the City and SLBTS still need to address before the City Council report is complete. Timinq of Current Review: As we discussed with your client on September 30, 2010, staff plans to present the City Council with a staff report that summarizes the terms and conditions of the Zoning Agreement, describes the compliance review process undertaken by staff, and reports the results of staffs review. This description includes results of the 11 facility inspections conducted by Code Enforcement staff at various times throughout the year, and the exterior Inspections of all SLBTS facilities conducted on September 30, 2010. Staff has also prepared exhibits detailing the specific conditions of the Zoning Agreement and, where possible, confirmation of SLBTS' compliance with each condition overall and at each individual SLBTS residential facility. Staff is preparing exhibits that reflect the Newport Beach Police Department's periodic review of whether parolees are residing at SLBTS facility addresses. The biannual Compliance Review Reports submitted by SLBTS are also attached to the staff reports as exhibits. Telephone: (949) 644 -3131 • Fax: (949) 644 -3139 City Hall - 3300 Newport Boulevard.- Post Office Box 1768 Newport Beach California 92658 -8915 - www.city.newport- beach.ca.us Edward Dilkes, Esq. October 12, 2010 Page 2 Issues Resolved: Through staffs communications with your client, throughout the year and during our September 30th meeting with Kathy Sylvia of SLBTS, we have resolved the following issues. We achieved resolution of the two complaints about second -hand smoke after informing SLBTS' staff of the complaints. It appears the two complaints were promptly addressed, and the City did not receive further complaints about smoking at these locations. Staff provided suggestions for further mitigation techniques at one facility, 4711 Seashore. During Inspections, Code Enforcement found some areas where SLBTS was not in compliance with conditions of the Zoning Agreement at specific facilities. These included: o Garage spaces not open and clear for parking at 100 -102 Via Antibes; o Improper disposal of medical waste at two facilities (4138 Patrice and 4711 Seashore); o During the September 30 external inspections, Code Enforcement staff noted that four SLBTS' facilities were not in compliance with Newport Beach Municipal Code ( "NBMC ") trash enclosure provisions. City staff informed SLBTS' staff or the owner of the property when each of these non - compliant conditions was observed or reported, and in most cases, the conditions were corrected on a timely basis. (The only exception to this is two facilities, 505 29"' Street and 4500 — 4504 Seashore, which continued to leave lids off its trash cans as of October 5, 2010; the City anticipates that SLBTS will comply with this condition after being informed again of the violation.) In addition, there were two facilities that contained a number of beds or mattresses higher than the permitted client bed count plus staff. in each case, SLBTS' staff provided Code Enforcement inspectors with a reasonable explanation for the presence of the additional beds (a staff member had moved in and was temporarily storing his bed from his prior dwelling, and mattresses and/or frames from a facility that had closed were being stored on a temporary basis). Edward Dilkes, Esq. October 12, 2010 Page 3 Issues to Resolve: Review of City records and communications with SLBTS staff indicate that SLBTS is not currently in compliance with Section 6 of the Zoning Agreement. Section 6 incorporates SLBTS' rights and the City's requirements in relation to the SLBTS leased office and meeting facility at 2811 Villa Way, as set forth in the August 25, 2006 letter from the City's Planning Department to SLBTS (the 2006 Letter). There are issues with parking lot and meeting compliance. Parkins Lot. SLBTS' staff has informed the City that it has made numerous attempts since October 2009 to move forward with completing the parking lot that is required under the terms of the 2006 Letter. SLBTS' staff has provided the City with a copy of an email sent by CRC VP and Deputy General Counsel Nathaniel Weiner to a Mr. Ronald Ballard on October 29, 2009, attempting to proceed with parking lot development. City records also show that SLBTS has purchased 11 Master Parking Pen-nits and four Annual Parking Permits to achieve Interim compliance with the parking requirements of the 2006 Letter. However, the City would like to see further progress in this area, and will continue to work with SLBTS' staff to move this project forward. 2. Meetings and Attendance. It appears that SLBTS is not in compliance with the terms of the 2006 Letter that limit the number of meetings and meeting attendees that can be held at the 2811 Villa Way facility. Section 5 of the 2006 Letter limits SLBTS to a four -week average of 10 meetings a week, and a maximum of 12 meetings in any single week, at 2811 Villa Way. A maximum of 20 people may attend any single meeting. Section 5 of the 2006 Letter further requires that SLBTS maintain records that document the number of meetings held per week, and the number of persons in attendance. Section 7 of the 2006 Letter states that any meeting in excess of 20 persons must be held in a different location, not at 2811 Villa Way. In 2006 and 2007, SLBTS was keeping meeting logs and providing the logs to City staff to demonstrate compliance with the terms of the 2006 Letter. When asked in October 2010 to provide the logs for inclusion with other reporting documents for the 2010 compliance review, SLBTS' staff indicated that they no longer kept these records, and that approximately 22 — 23 clients attended the various meetings. A meeting schedule provided to the City by SLBTS in October 2010 indicates that 27 meetings per week are scheduled held at 2811 Villa Way, attended by between 3 and 25 persons. In addition, approximately one month ago, the City received a complaint that SLBTS had installed a ping pong table in the covered patio area of the SLBTS' facility, and that clients Edward Dilkes, Esq. October 12, 2010 Page 4 were congregating in the covered patio area for longer than 10 minutes prior to and /or after meetings again. Congregating in the covered patio more than 10 minutes before or after a meeting is in violation of Section 4 of the 2006 Letter, and, by incorporation, the SLBTS Zoning Agreement. The current practices at 2811 Villa Way are not in compliance with the Zoning Agreement. We request that your client promptly comply with the conditions it agreed to in 2006, and again in 2009. Please provide an explanation of why these conditions have not been met, and how SLBTS intends to comply in the future. As the Planning Director stated in the 2006 Letter, deviations from the conditions of the 2006 Letter would change the category of the use at 2811 Villa Way to a "social club" use, which is a use that requires a use permit, a permit that was denied SLBTS in 2006. Other Issues: We note the following and request SLBTS to confirm compliance with the following: 1. Probationer Limit. Under NBMC Section 20.10.020, no more than one probationer can be housed at any SLBTS facility at a time. In light of staffs discovery that SLBTS' facilities at 4500 Seashore, 4800 Seashore and 505 29u' Street hold approval from Orange County Probation to house probationers, please provide assurances that no SLBTS facility houses more than one probationer at any time. 2. Protective Social Care. Through Section C .2.d of Exhibit B to the Zoning Agreement, SLBTS agreed it would not accept client referrals or placement within a SLBTS home for protective social care and supervision services. Section 310.2 of the 2007 Edition of the California Building Code defines "care and supervision" as: (A]ny one of more of the following activities provided by a person or facility to meet the needs of the clients. Assistance in dressing, grooming, bathing and other personal hygiene. Assistance in taking medication. Central storage and /or distribution of medications. Arrangement of and assistance with medical and dental care. Maintenance of house rules for the protection of clients. Supervision of client schedules and activities.. Maintenance and /or supervision of client cash resources or property. Edward Dilkes, Esq. October 12, 2010 Page 5 Monitoring of food intake or special diets. Providing basic services required by applicable law and regulation to be provided by the licensee in order obtain and maintain a community -care facility. California Building Code, 2007 Edition, § 310.2 (italics in original, emphasis added) To comply with the terms of the Zoning Agreement, as well as maintain compliance with California Building Code requirements for facilities in buildings with a less than five -foot setback, no SLBTS' facility that provides one or more of the services listed above may accept clients who were referred for care by any government agency. Documents Requested: Because NBMC Section 15.45.080 requires that applicants demonstrate annual compliance with the terms of any development agreement, we encourage your client to present a letter or other document providing facts or explanations that demonstrate its good faith compliance. Such action is consistent with the practices of all other participants in development agreements with the City. The Planning Department has given your client a compliance letter submitted by another development agreement participant to use as a sample, and to illustrate the sort of reporting provided by other development agreement participants. To complete the exhibits for our staff report, I request you or your client provide the City s Planning Department with the following documents: A letter from you explaining SLBTS' efforts to comply with the parking lot requirement of the 2006 Letter, obstacles to compliance SLBTS has encountered, and SLBTS' plans to overcome those obstacles; • Copies of any correspondence in addition to the October 29, 2009 email from CRC VP and Deputy General Counsel Nathaniel Weiner to Ronald Ballard which SLBTS' legal counsel has sent to the owners of the parking lot property, attempting to move the parking lot project forward; and Any evidence or certification of good faith compliance with the terms of the Zoning Agreement SLBTS can provide, and an explanation of areas identified as out of compliance. (An acceptable form for certification is enclosed). Zoning Administration Protocol: The City's Planning Department and the Office of the City Attorney are in the process of drafting protocol for future administration of Zoning Agreement's, including the SLBTS Edward Dilkes, Esq. October 12, 2010 Page 6 agreement. When the draft is complete, we would like to meet with you and /or your client to discuss the proposed Zoning Agreement administration protocol, and make adjustments as needed. With SLBTS' agreement and cooperation, the City wishes to adjust or formalize the following administrative practices and procedures in order to simplify and bring greater consistency to the process: Council — The Zoning Agreement (through Exhibit B, Sections A.1 and A.2) limits the number of "beds occupied in the City at any time by persons who are patients, clients of customers of Sober Living ... " Since the phrase "beds occupied in the City at any time by persons who are patients, clients or customers of Sober Living" is cumbersome to use repeatedly in written documents and particularly in oral presentations, the City shall use the phrase "client beds" as a shorthand substitute for "beds occupied in the City at any time by persons who are patients, clients or customers of Sober Living." This simple change of language will allow for consistency with other Zoning Agreements and does not have a substantive affect on the provisions. SLBTS explanation for numbers of beds observed during inspections in excess of number of client beds permitted - During inspections conducted by the City's Code Enforcement Division under the terns of the Zoning Agreement, City inspectors may observe beds and /or portions of beds in numbers that exceed the number of client beds ( "beds occupied ") permitted under the Zoning Agreement at that facility location. This situation arose at several of the City's 2010 inspections. in each case, City Code Enforcement inspectors asked SLBTS' staff for an explanation of the beds in addition to permitted client beds, and in each case the inspectors received an explanation from SLBTS' staff that satisfied them that SLBTS was not operating the facility with a client bed capacity that exceeded the permitted number, and was not housing additional residents (excepting a staff member) who were not treatment clients. (Beds in excess of permitted client beds were generally explained as either a single staff bed in a facility, or one or two mattresses being stored temporarily during staff or facility relocation.) Effective date of Settlement Agreement and Zoning Agreement — At this time, the various Zoning Agreement and Settlement Agreement documents between the City and SLBTS create two different Effective Dates for review of Zoning Administration compliance. With SLBTS' agreement, the City would like to establish a single date for annual review of Zoning Agreement Compliance, and the following schedule of compliance dates: Edward Dilkes, Esq. October 12, 2010 Page 7 o Per Section 14 of the Zoning Agreement, the parties shall review the Zoning Agreement at least once every 12 months from the Zoning Agreement's Effective Date for good faith compliance with the terms of the Agreement. The Zoning Agreement defines the Effective Date as the 91s` day following the City Council's passage of the ordinance approving the Zoning Agreement, or May 12, 2009. o NBMC Section 15.45.080 requires that the City Council review all development agreements for compliance at least once every 12 months from the date on which the agreement ''is executed." The Zoning Agreement was "executed" when the parties to the Agreement signed Amendment 1 to the Settlement Agreement on September 30, 2009. The City proposes that the City Council conduct all future annual reviews of the Zoning Agreement for compliance, to the greatest extent possible, at its second regular meeting in July of each year. This date would (1) fall well within the period required by NBMC Section 15.45.080, (2) fall closer to the date indicated by Section 14 of the Zoning Agreement, and (3) would allow the annual compliance review to incorporate both of SLBTS' biannual Compliance Review Reports, which the Zoning Agreement requires be submitted on or before December 31 and June 30 of every year. Notice of inspections — Consistent with the Zoning Agreement and testimony at the hearing regarding the Zoning Agreement the Code Enforcement Division will provide reasonable notice to SLBTS when during regular business hours, it plans to inspect a facility. In no event will notice be less than 2 — 4 hours notice, for consistency with other Zoning Agreements entered by the City, and City inspection protocols. • SLBTS demonstration of compliance — As discussed above, the City recommends that at or prior to each annual City Council review, SLBTS submits evidence of good faith compliance with the terms of the Zoning Agreement, an explanation if there are areas in which it is not in compliance and a description of its good faith efforts to comply. We would like to meet with you or any other appropriate, legal representative of SLBTS before October 29, 2010 to discuss the proposed Zoning Administration protocol, as well as other details of compliance review. My office will contact you to set up a mutually agreeable meeting time. Edward Dilkes, Esq. October 12, 2010 Page 8 Please feel free to contact the undersigned if you have any questions about the contents of this letter, or the Zoning Agreement annual compliance review. Sincerely, OFFIQXE OF TLJE CITY ATTORNEY David R. Hunt, City Attorney for the City of Newport Beach DRH:cmw cc: Dave Kiff, City Manager Jim Campbell, Acting Planning Director Janet Brown, Associate Planner Kathy Sylvia, Sober Living by the Sea John Peloquin, CRC Health Care, Inc. Pam Burke, CRC Health Care, Inc. [A10-00105 /&UsEft n DRH 10.12.10 reAWers BeWHry Sober Living By The Sea BI-Annual Compliance Review Report Date Report Submitted: This form covers the 6 -month period of through During the above period, Sober Living By The Sea (SLBTS) managed or controlled the following facilities in Newport Beach: Note: In the above chart, `Clients" and "Client Beds' has the same meaning as "beds occupied in the City at any time by persons who are patients, clients or customers of Sober Living" in the Zoning Agreement and. In other words, if SLBTS has noted that it housed six Clients in a particular facility, then it also had an equal number of Client Beds ('beds occupied in the City at any time by person who are patients, clients or customers of Sober Living ") in that facility. The SLBTS Staff Member to join the City in any Inspection of the above facilities shall be: , phone #: (e -mail: During the above Compliance Review Period, SLBTS's signature below indicates that it certifies that it has met all Operational Conditions as descdbed in the Zoning Agreement and its exhibits. Sober Living By The Sea DATE * *` " "*" "* [Title] nn ,,i �y n��y n viii�e * * * * * * * * * * * * * * * * * * * ** * ** FAX TX REPORT * ** TRANSMISSION OK JOE NO. 2331 DESTINATION ADDRESS 913234668360 PSWD /SUBADDRESS DESTINATION ID ST. TIME 10/12 16:29 USAGE T 03'40 PGS. 9 RESULT OK CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY David R. Hunt, City Attorney October 12, 2010 VIA FACSIMILE (323) 466 -8360 Edward Dikes Attorney at Law 2443 Park Oak Drive Hollywood, CA 90068 RE: Sober Living by the Sea Annual Compliance Review — matters to address prior to hearing Matter No: A10 -00195 Dear Mr. Diikes: Thank you for your call to our office on October 4, 2010 to discuss your client, Sober Living by the Sea's, (SLBTS) upcoming annual Zoning Agreement compliance review. It Is scheduled to be heard before the. Newport Beach City Council on November 9, 2010. We appreciate your clients' efforts to demonstrate good faith compliance with the terms of the agreement. We write to Inform you of the approach the City will be taking In its report to the City Council, the issues we have resolved, and the issues the City and SLBTS still need to address before the City Council report is complete. Timing of Current Review: As we discussed with your client on September 30, 2010, staff plans to present the City Council with a staff report that summarizes the terms and conditions of the Zoning Agreement, describes the compliance review process undertaken by staff, and reports the results of staffs review. This description includes results of the 11 facility inspections conducted by Code Enforcement staff at various times throughout the year, and the exterior inspections of all SLBTS facilities conducted on September 30, 2010. Staff has �Uvl Attachment No. CC 2 Zoning Agreement Administration Protocol Al CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY DATE: October 29, 2010 TO: Janet Brown, Associate Planner Matt Cosylion, Senior Code Enforcement Officer FROM: Office of the City Attorney David R. Hunt, City Attorney MATTER: Group Homes: Code Enforcement; A09 -00417 SUBJECT: Zoning Administration Protocol This memorandum sets forth the standard protocol and procedures for administering the City's zoning agreements with alcohol and drug abuse recovery and treatment facility operators ( "Drug and Alcohol Recovery Facility operators "). This protocol will be provided to Drug and Alcohol Recovery Facility operators that have entered zoning agreements with the City, for their information. DRUG AND ALCOHOL RECOVERY FACILITIES ZONING AGREEMENT ADMINISTRATION PROTOCOL The following protocol reflects the City's compliance review, as set forth under the City's Zoning Agreements with Sober Living by the Sea ( "SLBTS "), Morningside Recovery ( "Morningside "), and any other Drug and Alcohol Recovery Facility operator with which such an agreement may be entered (collectively "Operators'). 1.0 Inspection Protocol 1.1 Operators shall submit to the City's Code Enforcement Division ( "CED ") the Compliance Review Report ( "Report") shown as an exhibit to Operator's Zoning Agreement, at the times required under Operator's Zoning Agreement. At the same time, Operators shall also submit the name, phone number, and e-mail of its staff member(s) designated to join any inspection ( "Operator Staff Member'). 1.2 On a quarterly basis, CED shall submit the list of each Operator's facilities to the Police Department for verification that each Operator is in compliance with the terms of Operator's Zoning Agreement that relate to parolees and probationers, and the prohibition on Parolee- Probationer Homes as defined by Newport Beach Municipal Code Section 20.05.030. 1.3 On a quarterly basis, CED shall select up to four (4) facilities on the list to verify the client count and client bed count through an onsite inspection during a weekday. Zoning Agreement Administration Protocol October 29, 2010 Page: 2 1.4 CED shall notify the Operator Staff Member by e-mail and telephone of the time of the inspection and which facilities will be inspected. Such notification will occur a reasonable amount of time prior to the inspection, generally four (4) but not less than two (2) hours prior to inspection. 1.5 While inspecting each facility, CED staff shall not obtain client names nor take photos of clients and shall be respectful at all times of client privacy. CED staff shall count clients and /or client beds and verify that the client and /or client bed count at each facility does not exceed those on the reports submitted by Operator. 1.6 If, during a facility inspection, CED observes beds (assembled or unassembled) in excess of the number of client and staff beds reported by Operator, CED shall request, and Operator shall provide, an explanation of the presence of such additional beds. 1.7 An inspection report shall be made for each facility. 1.8 All inspection reports and Reports submitted by Operator to CED shall be submitted to the Planning Department for inclusion in the City's annual review of Operator compliance with the Zoning Agreement. 2.0 Compliance Review Protocol 2.1 The Effective Date of the Zoning Agreement and Settlement Agreement between the City and SLBTS shall be May 12, 2009. The Effective Date of the Zoning Agreement between the City and Morningside shall be December 28, 2010. The Effective Date for any other Operator with which the City may enter such an agreement, shall be as defined in the Operator's Zoning Agreement. 2.2 Annual Review of SLBTS' compliance with the Zoning Agreement shall be held, to the greatest extent possible, at the second City Council meeting in July of each year. 2.3 For public notice purposes, the properties that must be posted prior to the public hearing shall include only those operated by Operator at the time of the Compliance Review hearing. 2.4 To prevent inadvertent dissemination of confidential business information of Operators, including the number of beds actually occupied by persons who are patients, clients or customers of Operators during City inspections, and to provide a convenient shorthand reference to housing for persons who are patients, clients or customers of Operators, the City shall refer to patients, clients and customers of Operators as "clients," and to beds occupied or potentially occupied by clients at Operators' residential facilities as "client beds." 2.5 The terms of each Zoning Agreement, (including, in the case of SLBTS, the terms of the August 25, 2006 Determination Letter from the Planning Director to SLBTS), shall be reviewed by staff prior to annual Compliance Review, and good faith compliance with the terms of the Zoning Agreement shall be noted in staff reports and exhibits where staff believes such good faith compliance has been demonstrated. Operator is encouraged to provide any written documentation or statement demonstrating its good faith best efforts at compliance for City Council review prior to the annual Compliance Review. I Zoning Agreement Administration Protocol October 29, 2010 Page: 3 2.6 When there is a difference between the procedures established in this Protocol and the language of a specific agreement, the agreement shall control. Waiver by the Operator, in any given year, of a right or procedure contained in the Operator's Zoning Agreement shall not constitute a permanent waiver of such right or procedure. 3.0 Facility Relocation City staff is responsible for administering more than one Zoning Agreement with Drug and Alcohol Recovery Facility operators, and is also responsible for advising residential care facility operators who may apply for use permits and reasonable accommodations in the proximity of other such uses. In order to perform these functions, staff must be aware of the location of such facilities. For this reason, and to provide Operator with assurance that any new facility location they are considering is not located in the same block as any other residential care facility, Operator shall notify the City of planned relocations, and planned facility closures prior to relocating or opening any new facility. Operator shall make best efforts to notify the City of facility closures as close to the date of closure as possible. CONCLUSION This protocol shall be executed in a fair and reasonable manner calculated to preserve the residential neighborhoods in which Drug and Alcohol Recovery Facilities are located and to protect the rights of the disabled to obtain housing and recovery facilities within the community. aR Cc: David Kiff, City Manager Jim Campbell, Planning Director (A09- 004171- JS & MC from DRH re ZA Admin Protocol 9A� Attachment No. CC 3 Inventory of Client Beds SOBER LIVING BY THE SEA, INC. Inventor Beds - L Street No. Unit Street # Beds May '08 # Beds Dec. '09 # Beds June '10 208 B Via Lido Soud —Antibes 6 4 4 100 Via 6 4 4 102 B Via Antibes 6 4 4 505 29" Street 6 6 6 112 1 B M. 11 OUU4 A Neptune Street 6 1 6 6 5004 B Neptune Street 6 6 6 Y 5101 B River Avenue 6 6 6 3960 Seashore Drive 6 4 4 3980 Seashore Drive 6 6 6 4500 Seashore Drive 6 4 4 4504 Seashore Drive 6 6 6 4711 Seashore Drive 6 6 6 4800 A Seashore Drive 6 4 4 4800 8 Seashore Drive 6 6 6 4816 A Seashore Drive 6 4 4 4816 B Seashore Drive 6 6 6 6111 Seashore Drive 6 6 6 6110 West Ocean Front 6 6 6 TOTAL BEDS & Number of Dwelling Units (DU's): 204 34 DU's 122 25 DU's 100 22 DU's (*staff only) Attachment No. CC 4 Zoning Agreement RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder 111111111111111111111119111111111111111�IIIIIIIIIIIIUIIIIIIIhIIIIINO FEE 2009000577876 01:49pm 10/23109 216 28 Al2 31 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 [Exempt from Recordation Fee per Government Code Section 27383 CONFORMED COPY Not Compared with Original ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT Zoning Agreement ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT (Pursuant to California Government Code § §65864- 65669.5) This Zoning Implementation and Public Benefit Agreement (the "Zoning Agreement ") is entered into on September 30. 2009, by and between the CITY OF NEWPORT BEACH, a charter city ( "City') and SOBER LIVING BY THE SEA, INC., a CALIFORNIA CORPORATION, COMPREHENSIVE ADDICTION PROGRAMS, INC., a Delaware Corporation, CRC HEALTH CORPORATION, a Delaware Corporation, CRC HEALTH GROUP, INC., a Delaware Corporation (collectively referred to as "Operator"). City and Operator and Operator's Affiliates as herein defined, are sometimes collectively referred to in the Zoning Agreement as the "Parties" and individually as a "Party." RECITALS A. The City Council hereby finds this Zoning Agreement is consistent with provisions of California Government Code §65867, and the City of Newport Beach Municipal Code Chapter 15.45 and the City's General Plan. B. On November 20, 2008, City's Planning Commission held a public hearing on this Zoning Agreement, made findings and determinations with respect to this Zoning Agreement, and recommended to the City Council that the City Council approve this Zoning Agreement. C. On January 27, 2009, the City Council also held a public hearing on this Zoning Agreement and considered the Planning Commission's recommendations and the testimony and information submitted by City staff, Operator and members of the public. On February 10, 2009, pursuant to the applicable state law (California Government Code § §65864 - 65869.5) and local law (City of Newport Beach Municipal Code Chapter 15.45), the City Council passed its Ordinance No. 2009.4 finding this Zoning Agreement to be consistent with the City of Newport BeacIT'Go oral Plan and approving this Zoning Agreement. D. This Zoning Agreement allows Sober Living a vested right to: (i) operate 156 beds of recovery facilities within the area they are currently operating, and as more particularly defined in Exhibit D attached (the "Peninsula Zone "); and (ii) up to an additional 48 beds outside-of the Peninsula Zone and within zones accommodating multi - family residential uses, in compliance with the terms of this Zoning Agreement. E. This Zoning Agreement also memorializes uses granted to and conditions agreed to by Sober Living on August 25, 2006 regarding its administrative offices at 2811 Villa Way (Exhibit C attached hereto). -- AGREEMENT NOW, THEREFORE, City and Operator agree as follows: 1. Definitions. The following terms when used in this Zoning Agreement shall have the meanings set forth below: Zoning Agreement A. "Affiliate" shall mean a person or entity that is directly or indirectly controlled by Operator. B. "City Council" shall mean the governing body of City. C. "Control" (including the terms "controlling," "controlled by," and "under common control with ") shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. D. "Facility' (or "Facilities ") is a residential unit used or occupied by persons in recovery from alcoholism and or drug abuse. Facilities may be "Licensed Facilities" or "Sober Living Homes." As used in this Agreement, all Facilities constitute "residential care facility" uses within the context of the City's zoning ordinance. E. "General Plan" shall mean City's 2006 General Plan adopted by the City Council on July 25, 2006, by Resolution No. 2006 -76. The Land Use Plan of the Land Use Element of the General,Plan was approved by City voters in a general election on November 7, 2006. F. "Licensed Facilities" shall mean alcoholism and drug abuse recovery facilities licensed by the California Department of Alcohol and Drug Programs ( "ADP "). G. "Party" or "Parties" shall mean either City or Operator or any of Operator's Affiliates or both, as determined by the context. H. "Property' is described in Exhibit A and consists of a list of addresses of properties currently operated by Operator as Licensed Facilities and Sober Living Homes in R- 1, R -1' /z , R -2 and multi- family residential ( "MFR ") and certain Specific Plan District zones within City. "Property' includes the rights to operate all of those properties as well as other properties not presently identifiable which may be utilized by Operator as Facilities hereunder. I. "Sober Living Homes" shall mean alcoholism and drug abuse recovery facilities not licensed by ADP. J. "Term" shall have the meaning ascribed in Section 11 of this Zoning Agreement. 2. Significant Public Benefits. The significant public benefits that this Zoning Agreement provides include, but are not limited to: A. Settlement and avoidance of costs of a pending lawsuit, including attorneys fees; B. Preservation of the regulatory ordinance which was the subject matter of the lawsuit, C. Requested termination of a related federal administrative proceeding, D. A reduction of and limitation on the size of a residential care operation in the City, Including a limitation on 6 or under Licensed Facilities, E. Dispersal of Licensed Facilities and Sober Living Homes to reduce the concentration thereof; 2 Zoning Agreement F. The placement of operational controls on said facilities to reduce perceived negative impacts on residential neighborhoods. 3. General Plan Consistency and Zoning Implementation. This Zoning Agreement and the regulations applied herein to the Property ( "Applicable Regulations" hereinafter) will cause City's zoning and other land use regulations for the Property to remain consistent with the General Plan. 4. Warranties and Representations. Both parties represent that they have legal authority to enter into this Zoning Agreement and the remainder of the agreements and documents that comprise the settlement documents herein, and that the necessary authorizations have been obtained, by resolution or other action, and that the persons whose names appear as signatories below were authorized to accept this Zoning Agreement on behalf of the Party under whose name they signed. A. Each Party specifically represents and warrants that it has the legal authority to enter into a Zoning Agreement of the type and kind herein, and, B. The City represents and warrants that this Zoning Agreement and the regulations applied to the Property ( "The Applicable Regulations ") are: I. Consistent with the General Plan for the City and any Specific Plans that apply to the area in which any portion of the Property is located, and ii. Consistent with the Local Coastal Land Use Plan ( "CLUP) for the City of Newport Beach and that the CLUP has been approved by the California Coastal Commission. 5. Operation of Property Applicable Regulations. Other than as expressly set forth in this Zoning Agreement, during the Term of this Zoning Agreement, the terms and conditions concerning the operation of the Property, including but not limited to the permitted uses and density and intensity of use and the location of buildings involved shall be those set forth in the "Applicable Regulations" delineated in Exhibit B and as set forth in Section 6 below. During the term of this Zoning Agreement, City shall not prevent operation of the Property that is in compliance with the Applicable Regulations and all other applicable laws and regulations specified in Section 9 hereof. 6. Operator's Vested Rights. During the Term of this Zoning Agreement, except to the extent City reserves its discretion as expressly set forth in this Zoning Agreement or in the Applicable Regulations and all other applicable laws and regulations specified in Section 9 hereof, Operator shall have the vested right, within the limits and constraints of the Applicable Regulations, to conduct its operation of Licensed Facilities and Sober Living Homes on the Property. The letter from City to Operator dated August 25, 2006 regarding Operator's leased office and meeting facility at 2811 Villa Way ( "Villa Way") is incorporated herein by reference as Exhibit C. City acknowledges that Operator has complied with all conditions set out in Exhibit C except for Paragraph 12 relating to parking. City acknowledges Operator has been exercising due diligence to complete the parking lot which Is unfinished due to circumstances beyond Operator's control. Operator agrees to use good faith efforts to get the parking lot at Villa Way completed. In the event meetings are no longer held at Villa Way, the currently permitted non- conforming right to use said property as an office use shall continue until termination of this Zoning Agreement. The Operator's leased property at 605 291' Street, commonly known as Zoning Agreement "The Victorian," is a legal nonconforming single family residence and shall be treated as a Licensed Facility. In the event Ordinance No. 2008 -5 is repealed by action of the City Council or the electorate or if said Ordinance is declared invalid or unenforceable by a court of competent jurisdiction, then the Operator will no longer be bound by the provision of Paragraph 6 of Exhibit B as to the limit of one Licensed Facility or Sober Living Home per block in the event other operators open facilities on the same block. 7. Police Power. In all respects not provided for in this Zoning Agreement, City shall retain full rights to exercise City's police power to regulate the operation of Residential Care Facilities on the Property provided such powers are applied consistently with the provisions of state law and Section C2 of Exhibit B to this Zoning Agreement. 8. No Conflicting Enactments. During the Term of this Zoning Agreement City shall not apply to the Property any City- adopted ordinance, policy, rule, regulation, or other measure relating to the operation of Facilities on the Property to the extent it conflicts with this Zoning Agreement. 9. Reservations of Authority. Notwithstanding any provisions set forth in this Zoning Agreement to the contrary, the laws, rules, regulations, and official policies set forth in this Section 9 shall apply to and gove1 n the development and operations of the Property: A. Procedural Regulations. Then current procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure shall apply to the Property, provided that they are adopted and applied City -wide or to all other properties consistent with the provision of Section C2 of Exhibit B. B. Consistent City Regulations. City ordinances, resolutions, regulations, and official policies governing development and building which do not conflict with the Applicable Regulations, or with the provisions of Section C2 of Exhibit B where Operator has consented in writing to the regulations, shall apply to the Property. C. Public Health and Safely. Any City ordinance, regulation, rule, regulation, program, or official policy, that is necessary to protect persons on the Property or in the immediate community from conditions dangerous to their health or safety shall apply to the Property, consistent with Section C2 of Exhibit B. 10. No Anency. Neither Party is acting as the agent of the other in any respect, and each Party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Zoning Agreement. This Zoning Agreement forms no partnership, joint venture, or other association of any kind. The only relationship between the Parties is that of a government entity regulating the operation of private property by the owner or lessee of the property. 11. Effective Date: Term. This Zoning Agreement shall not become effective, and except as set forth in Subsection C of this Section 11, neither party shall have any rights or obligations hereunder, until the "Effective Date." A. Effective Date of This Zoning Agreement : This Zoning Agreement shall become effective on: El Zoning Agreement i. The 91st day following the City Council's passage of the ordinance approving this Zoning Agreement, or it. If a referendum or other elective challenge to the ordinance approving this Zoning Agreement qualifies to be placed on the ballot, then on the 31st day after the City Clerk certifies that the referendum or other elective challenge has failed to pass, or iii. If litigation is instituted to challenge this Zoning Agreement prior to the Effective Date established in accordance with Section 11 A. i. and it above, then on the 31st day after the litigation is terminated, the time for appeal has expired, and the legal challenge has been unsuccessful. B. Term. The term of this Zoning Agreement (the "Term ") shall commence on the Effective Date and shall expire at the conclusion of the 25th year thereafter. However in no event shall the term of this Zoning Agreement exceed thirty (30) years after Its execution. C. Stay of. Ordinance 2008 -05 Pending Effective Date. Prior to the effective date of the ordinance adopting this Zoning Agreement, or that date upon which it becomes clear that there shall be no Effective Date, whichever is later, the Operator's use permit process shall be tolled, and the City shall not otherwise enforce the provisions of Ordinance 2008 -5. 12. Amendment or Cancellation of Zoning Agreement Other than modifications of this Zoning Agreement under Section 9C of this Zoning Agreement, this Zoning Agreement may be amended or canceled in whole or in part only by mutual written and executed consent of the Parties in compliance with California Government Code §65868 and City of Newport Beach Municipal Code §15.45.060. 13. Enforcement. Unless amended or canceled as provided in Section 12 of this Zoning Agreement, or modified or suspended pursuant to California Government Code §65869.5, this Zoning Agreement is enforceable by either Party despite any change in any applicable general or specific plan, zoning, subdivision, or building regulation or other applicable ordinance or regulation adopted by City (including by City's electorate) that purports to apply to any or all of the Property. 14. Periodic Review of Compliance. City and Operator shall each comply in good faith with the terms of this Zoning Agreement. The Parties shall review this Zoning Agreement at least once every 12 months from the Effective Date for good faith compliance with its terms consistent with California Government Code §65865 and §65865.1 and City of Newport Beach Municipal Code §15.45.070. At the reviews, Operator shall demonstrate its good faith compliance with this Zoning Agreement and shall document the current status of its operation. Operator also agrees to furnish evidence of good faith compliance as City may require in the reasonable exercise of its discretion and after reasonable notice to Operator. On or before December 31 and June 30 of each year during the Term of this Zoning Agreement, Sober Living shall submit a Compliance Review Report, whose template is attached as Exhibit G. The requirement of good faith compliance shall be met upon the submittal to the City of an accurate form showing information relating to facility locations and bed counts. City shall have the right to audit the accuracy of the form through on -site inspections of the Facilities at mutually - agreeable times and during regular business hours. Zoning Agreement 15. Events of Default. A. Default by Operator. Pursuant to California Government Code §65865.1, if City determines that Operator has not complied in good faith with Operator's obligations pursuant to this Zoning Agreement, City shall by written notice to Operator specify the manner in which Operator has failed to comply and state the steps Operator must take to bring itself into compliance. If Operator does not commence compliance within 30 days after receipt of the written notice from City specifying the manner in which Operator has failed to comply, and diligently pursue steps to achieve full compliance, then Operator shall be deemed to be in default under the terms of this Zoning Agreement. City may then seek available remedies as provided in Section 15.0 of this Zoning Agreement. B. Default by City. If City has not complied with any of its obligations and limitations under this Zoning Agreement, Operator shall by written notice to City specify the manner in which City has failed to comply and state the steps necessary for City to bring Itself Into compliance. If City does not commence compliance within 30 days after receipt of the written notice from Operator specifying the manner in which City has failed to comply, and diligently pursue steps to achieve full compliance, then City shall be deemed to be in default under the terms of this Zoning Agreement. Operator may then seek a specific performance or similar equitable remedy as provided in Section 15.0 of this Zoning Agreement C. Specific Performance and Damages Remedies. The Parties acknowledge that remedies at law generally are inadequate and that specific performance is appropriate for the enforcement of this Zoning Agreement. The remedy of specific performance or, in the alternative, a writ of mandate, shall be the sole and exclusive remedy available to either Party In the event of the default or alleged default by the other. Prior to exercising such a remedy, the Party seeking to do so shall submit the matter to nonbinding arbitration through JAMS or another arbitrator mutually acceptable. D. Recovery of Legal Expenses by Prevailing Party in Any Action. In any judicial proceeding ( "Action ") between the Parties that seeks to enforce the provisions of this Zoning Agreement, the prevailing Party shall recover all of its actual and reasonable costs and expenses. These costs and expenses include expert witness fees, attorneys' fees, and costs of investigation and preparation before initiation of the Action. The right to recover these costs and expenses shall accrue upon initiation of the Action. 16. Cooperation. Each Party covenants to take all reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Zoning Agreement. 17. Force Maieure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Zoning Agreement is caused, through no fault of the Party whose performance is prevented or delayed, by floods; earthquakes, other acts of God, fires, war, riots or similar hostilities, strikes or other labor difficulties, state or federal regulations, or court actions. 18. Third Party Legal Challenge. If a third party brings a legal action challenging the validity or enforceability of any provision of this Zoning Agreement or the Applicable Regulations or the manner in which the ordinance approving this Zoning Agreement was processed and approved, including the application of the California Environmental Quality Act to that process, ( "Third Party Legal Challenge ") the parties shall defend the Third Party Legal Challenge jointly, 0 Zoning Agreement and each party shall be responsible for its legal expenses incurred in connection with the Third Party Legal Challenge, 19. Right to Assign. Operator shall have the right to transfer or assign the rights and obligations contained herein in whole to any person, partnership, joint venture, firm, or corporation at any time during the Term of this Zoning Agreement without the consent of City. Upon the effective date of any such transfer or assignment of the Property, the transferor - assignor shall notify City of the name and address of the transferee. Any assignment of this Zoning Agreement must be pursuant to a sale or transfer of Operator's rights in the entirety of the Property. Any sale or transfer of the Property shall include the assignment and assumption of the rights, duties, and obligations arising from this Zoning Agreement to the transferee with respect to all of the Property. Operator shall no longer be obligated under this Zoning Agreement for the Property if Operator is not in default under this Zoning Agreement at the time of the sale or transfer. 20. Zoning Agreement Binding on Successors and Assigns. The burdens of this Zoning Agreement are binding upon, and the benefits of this Zoning Agreement shall inure to, all successors in interest of the Parties to this Zoning Agreement. 21. Estoppel Certificate. At any time, either Party may deliver written notice to the other Party requesting that the Party certify in writing that, to the best of its knowledge: A. This Zoning Agreement is in full force and effect and is binding on the Party; B. This Zoning Agreement has not been amended or modified either orally or in writing. If this Zoning Agreement has been amended, the Party providing the certification shall identify the amendments; and C. The requesting Party is not in default in the performance of its obligations under this Zoning Agreement. If the requesting Party is in default, the other Party must describe the nature of the default. The requesting party shall execute and return the certificate within. sixty (60) days following receipt. Any assignee of a Party's rights and obligations hereunder, as referred to in this Section 21, shall be entitled to rely on the certificate. 22. Further Actions and Instruments. Each Party shall cooperate with and provide reasonable assistance to the other Party to the extent consistent with and necessary to implement this Zoning Agreement. Upon the request of a Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record the required instruments and writings and take any actions as may be reasonably necessary to implement this Zoning Agreement or to evidence or consummate the transactions contemplated by this Zoning Agreement. 23. Notices. Any notice or demand that shall be required or permitted by law or any provision of this Zoning Agreement shall be in writing. if the notice or demand will be served upon a Party, it either shall be personally delivered to the Party; deposited in the United States mail, certified, return receipt requested, and postage prepaid; or delivered by a reliable courier service that provides a receipt showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows: 7 Zoning Agreement To City: City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663 -3884 Attention: City Manager Fax: 949 - 644 -3020 With a copy to: City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663 -3884 To Operator: Sober Living by the Sea, Inc. 2811 Villa Way Newport Beach, California 92663 Attn: Executive Director With a copy to: CRC Health Group, Inc. 2400 Stevens Creek Boulevard, Suite 600 Cupertino, California 95014 Attn: General Counsel Fax: 415 - 358 -8444 Either Party may change the address stated in this Section 23 by notice to the other Party in the manner provided in this Section 23, and notices shall be addressed and submitted to the new address. Notice shall be deemed to be delivered upon the earlier of: (a) the date received; or (b) three business days after deposit in the mail as provided above. 24. Rules of Construction and Miscellaneous Terms. A. Rules of Construction. The singular includes the plural; the masculine and neuter include the feminine; "shall" is mandatory; `may' is permissive. B. Time is of the Essence. Time is of the essence regarding each provision of this Zoning Agreement in which time is an element. C. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Zoning Agreement by the other Party, and failure by a Party to exercise its rights upon a default by the other Party, shall not constitute a waiver of that Party's right to demand strict compliance by the other Party in the future. D. Counterparts. This .Zoning Agreement may be executed in two or more counterparts, each of which shall be identical and may be introduced in evidence or used for any other purpose without any other counterpart, but all of which shall together constitute one and the same Zoning Agreement. E. Entire Agreement. Except for the Settlement Agreement, this Zoning Agreement constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter addressed in this Zoning Agreement. 0 Zoning Agreement F. Construction. This Zoning Agreement has been drafted after extensive negotiation and revision. Both City and Operator are sophisticated parties who were represented by independent counsel throughout the negotiations. City and Operator each agree and acknowledge that the terms of this Zoning Agreement are fair and reasonable, taking into account their respective purposes, terms, and conditions. This Zoning Agreement shall therefore be construed as a whole consistent with its fair meaning, and no principle or presumption of contract construction or interpretation shall be used to construe the whole or any part of this Zoning Agreement in favor of or against either party. G. No Third Party Beneficiaries. The only parties to this Zoning Agreement are City and Operator. This Zoning Agreement does not involve any third party beneficiaries, and it is not intended and shall not be construed to benefit or be enforceable by any other person or entity. H. Applicable Law and Venue. This Zoning Agreement shall be construed and enforced consistent with the internal laws of the State of California. Any action arising under this Zoning Agreement or brought by any Party for the purpose of enforcing, construing, or determining the validity of any provision of this Zoning Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or the United States District Court for the Central District of California. The Parties waive all provisions of law providing for the removal or change of venue to any other court. I. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect construction or interpretation of this Zoning Agreement. J. Authority to Execute. The persons executing this Zoning Agreement warrant and represent that they have the authority to execute this Zoning Agreement on behalf of the entity for which they are executing this Zoning Agreement. They further warrant and represent that they have the authority to bind their respective Party to the performance of its obligations under this Zoning Agreement. CITY: CITY C By: Title: MAYOR OF NEWPORT BEACH OPERATOR: SOBER LIYWQ BY THE SEA, INC. r By: _ Kevin Hogge Title: CHIEF FINANCIAL OFFICER Zoning Agreement By: RAIg.1 6j�: Pamela Bur e Title: VICE PRESIDENT /SECRETARY OPERATOR: COMPRE�H ADDICTIONS PROGRAMS, INC. By: Kevin Hogge Title: CHIEF FINANCIAL OFFICER By: I( 6.j Pamela Burke Title: VICE PRESIDENT /SECRETARY OPERATOR: CRC HE CORPORATION By. /- Kevin Hogg Title: CHIEF FIN..ANCIIoAL OFFICER e, a Pamela Burke Title: VICE PRESIDENT /SECRETARY OPERATOR: CRC HEA GROUP, IN By: I N� Kevin Hogge Title: CHIEF FINANCIAL OFFICER By: ' &L PAPW615 Burke Title: VICE PRESIDENT /SECRETARY 10 Zoning Agreement APPROVED AS TO FORM: By: David K,T,� c R. Hunt Title: CITY ATTORNEY, CITY OF NEWPORT BEACH ATTEST: m Title: — " 'Q Leilani Brown CITY CLERK, CITY OF NEVI 11 Zoning Agreement Exhibit A List of SLBTS Facilities —Street No. .208 Units Street Via Lido Soud Licensed? ADP Licensed 100 Via Antibes ADP Licensed 102 Via Antibes ". ADP Licensed 505 29th Street ADP Licensed 116 A &.B 34th Street Sober Living X 307 1/2 34th Street Sober LIvina X 309 1/2 34th Street Sober Living X' 125 +11/2 39th Street ADP Licensed X 112 A & B 40th Street Sober Living 118 A & B 45th Street Sober Living X 122 A & B 45th Street ' ADP Licensed 5004 A & B Neptune Sober Living 5101 A & B : River ADP Licensed 3960 -80 18eashore ADP Licensed 4500 -04 ISeashore ADP Licensed 4711 Seashore ADP Licensed ' _4800 Seashore ADP Licensed X1 4816 Seashore. Sober Living 6111 Seashore IADP Licensed 6110 W Oceanfront IADP Licensed * "X "= Closed. or closin 1 May not be closed if 4816 Seashore is closed Zoning Agreement Exhibit B Applicable Regulations A. Number and Location of Facilities. Number and location of facilities which may be utilized as Licensed Facilities or Sober Living Homes. 1. On and after the Effective Date of the ordinance adopting this Zoning Agreement, there shall be no more than 204 beds occupied in the City at any time by persons who are patients, clients or customers of Sober Living, whether contained within Licensed Facilities or Sober Living Homes. More than one such facility may be operated in a single building. 2. On and after the effective date of the ordinance adopting this Agreement, there shall be no more than 156 beds occupied in total in those parts of the City referred to as the Peninsula, Lido Isle, West Newport and Newport Shores (the "Peninsula Zone ") as depicted in Exhibit D at any time by persons who are patients, clients or customers of Sober Living, whether contained within Residential Care Facilities, General, Residential Care Facilities, Small Licensed or Residential Care Facilities, Small Unlicensed as defined in §20.05.030 of the Newport Beach Municipal Code. 3. On and after the effective date of the ordinance adopting this Agreement, there shall be no more than 12 beds (12 of the 156 described in Section A2 above) occupied Lido isle at any time by persons who are patients, clients or customers of Sober Living, whether contained within Residential Care Facilities, General, Residential Care Facilities, Small Licensed or Residential Care Facilities, Small Unlicensed as defined in §20.03.030 of the Newport Beach Municipal Code. 4. On and after the effective date of the ordinance adopting this Agreement, all beds in the City in addition to those provided for in Sections A.2. and A.3. of this Exhibit B occupied at any time by persons who are patients, clients or customers of Sober Living, whether contained within Residential Care Facilities, General, Residential Care Facilities, Small Licensed or Residential Care Facilities, Small Unlicensed as defined in §20.03.030 of the Newport Beach Municipal Code shall be located only in zones accommodating multi - family residential uses outside of the Peninsula Zone. Sober Living shall provide the City with the address of any new Facility resulting from placing beds per this section within thirty (30) days of establishing the Facility. 5. On and after the Effective Date of the ordinance adopting this Agreement, Sober Living shall locate all of its newly established facilities utilized as Licensed Facilities or Sober Living Homes so that only one building shall contain such facilities, whether operated by Sober Living or any other person or entity, is located either on a block in the City or across a bordering street. To facilitate transfers of properties to attain or maintain this 'one building per block" standard, Sober Living may, for not more than 120 days, hold leases for two properties on one block if the properties are involved in a Facility transfer. For purposes of this Agreement, a block is an area bounded by four streets (not alleys). 6. Except as provided in Section A.7. below, within thirty (30) months of the Effective Date of the ordinance adopting this Agreement, Sober Living shall relocate its presently operating facilities as necessary to comply with the criterion set forth in Section A.S. above as to its presently operating Licensed Facilities and Sober Living Homes. All such relocations must be to sites which have no other Facility, whether operated by Sober Living or Zoning Agreement any other person or entity, either on the block to which the facility is relocated or across a bordering street. 7. Notwithstanding the provisions of Section A.5 above, Sober Living may continue to operate Facilities at the following addresses during the term of this Agreement: • 112 40th Street and 3960 -3980 Seashore (on the same block); • 122 45th Street and 4500 -4504 Seashore(across a bordering street); • 6110 Oceanfront and 6111 Ocean Front (across a bordering streeyalley); and • 4711 Seashore and either 4800 Seashore or 4816 Seashore (across a bordering street and down a block). 8. Sober Living shall not establish any Facility pursuant to Section 4 of this Exhibit B unless and until Sober Living has fully and timely complied with the relocation requirements set forth in Section 6 of this Exhibit B. 9. Sober Living shall not establish or operate a Facility on a parcel of property which has a lot line located within 1,000 feet of any NMUSD elementary school or the large commercial State - licensed day care facility listed on Exhibit E. 10. Sober Living shall not establish or operate a Facility at any location which is adjacent to the 36th Street Tot Lot or the Marina Park Tot Lot so long as those tot lots are so utilized. B. Operational Regulations. criteria: During the term hereof, Sober Living shall comply with all of the following operational 1. Sober Living shall not provide any services to or house any parolee or parolees from the California Department of Corrections or its equivalent in any other State or the Federal Bureau of Prisons in any of its Facilities located in the City. 2. Any and all medical waste generated through the operation of a Sober Living Homes or Licensed Facility shall be disposed of in accordance with all laws and best industry standards and practices. 3. Sober Living shall comply with City code provisions pertaining to trash enclosures at all of its Sober Living Homes or Licensed Facilities. 4. Smoking and Tobacco Products. (a) Sober Living shall make good faith efforts to prevent second hand smoke from leaving any of its Facilities in a manner that significantly affects occupants of neighboring residents in the use and enjoyment of their properties. These efforts may include, but are not limited to: The designation of a smoking area at each site, with a device to mitigate or disperse secondhand smoke; An active smoking cessation program made available to all clients; Zoning Agreement (b) Apply a policy directing clients or residents to avoid littering cigarette butts on the ground, floor, deck, sidewalk, gutter, or street. (c) Apply a policy reminding clients not to use tobacco on beaches, boardwalks, and piers consistent with City prohibitions against smoking in those areas. 5. Sober Living shall comply with all City code provisions requiring off street parking in residential zones. 6. Sober Living shall establish, provide public notice of and continuously operate a 24 hour per day hotline for receiving inquiries and /or complaints in reference to its operation of its Facilities in the City. 7. Sober Living shall apply the following Quiet Hours to its patients, clients and customers occupying beds in all Facilities which Sober Living operates in the City. During these Quiet Hours, all residents will be inside except during emergencies: • Sunday through Thursday- 10 pm to 7 am; • Friday through Saturday -11 pm to 7 am. 8. Sober Living shall use good faith efforts to implement the Route Plans for transport of its staff, residents, clients and customers which Sober Living submitted to the City as part of its applications for Use Permits on file with City's staff as of July, 2008. A true and correct copy of those Route Plans are attached as Exhibit F. Short-term interruptions, such as medical emergencies or street maintenance which are beyond Sober Living's control, are allowable modifications to the Route Plans. 9. Sober Living shall accept deliveries of goods and services to the Residential Care Facilities which it operates in the City only during customary times for such deliveries of goods and services to occur in residential areas of the City and in accordance with any City regulation adopted which controls times for such deliveries on a citywide basis applicable to all residential properties. 10. Sober Living shall participate in the activities of any stakeholder committee or group established by the City to address complaints and concerns of residents of the City regarding the operation of Residential Care Facilities in the City. 11. Sober Living shall maintain its present policy not to allow more than two (2) clients per bedroom in the facilities unless the size of the structure warrants a larger occupancy for any single bedroom. C. General Constraints on Regulation. 1. Most Favored Nation. If the City enters into an agreement with any operator of a Sober Living Home or Licensed Facility in the City which, includes one or more of the below three provisions and provides a materially more favorable regulatory treatment to that operator than is afforded to Sober Living hereunder, the more favorable regulatory provision or provisions shall then apply to Sober Living and shall be deemed to supersede any conflicting provision or provisions contained in this Zoning Agreement. Approvals within the Group Residential Uses Zoning Agreement Ordinance's Use Permit process do not constitute agreements for the purposes of this paragraph. The three provisions are: (a) An allowance of a percentage increase greater in bed counts greater than 30% above the number operated by the Operator at the time of the agreement; (b) Dispersion (i.e. one building per block and no facilities on streets facing each other) more concentrated than for SLBTS under the terms of this Agreement; and (c) Distancing from public elementary schools and large licensed day care that is less than for SLBTS under the terms of this Agreement. 2. The City shall respect and adhere to the exemption in California Health and Safety Code §11834.23 that directs that the City apply the same building, fire, and other related codes to Facilities with six or fewer clients as it does for any single - family residential property provided that: (a) The exemption is not repealed or otherwise invalidated by an appellate court decision; (b) The exemption is being applied to a single family dwelling unit (including condominiums) or a duplex; (c) SLBTS does not place non - ambulatory residents in their facilities; and (d) SLBTS does not accept referrals or placements within a SLBTS home for protective social care and supervision services by any governmental agency. 3. This Agreement, and, more specifically, these Applicable Regulations obviate the need for and shall supersede the processing or issuance of any Use Permit or Use Permits concerning Sober Living's operations in the City. Exhibit C Zoning Agreement 2811 Villa Way Letter CITY OF NEWPORT BEACH PLANNING DEPARTMENT Patricia L. Temple, Director August 25, 2006 Bill Swiney Sober Living by the Sea 2811 Villa Way Newport Beach, California 92663 RE: Sober Living by the Sea — 2809, 2811, 2813 Villa Way, Newport Beach Dear Bill: I am in receipt of your correspondence dated July 21, 2006. In your correspondence, you discuss a proposal whereby Sober Living by the Sea ( "Sober Living ") would modify its use of the property located at 2809 -2813 Villa Way ( "Sober Living Facility") so that It is no longer designated as a social club, as defined by Newport Beach Municipal Code Section 20.05.040. 1 have carefully reviewed your proposal and have determined that Sober Living would not be designated as a social club if it was operated in the following manner: 1. The 'large conference room," designated on the floor plans submitted on August 4, 2006 ('Plans "), must be reduced so that the maximum occupancy for this room is approximately 20 persons. Two cubicle type offices, the design of which will need to be approved by the Planning Director in writing, will need to be constructed in the large conference room. 2. The "small conference room,' designated on the Plans, must be reduced so that the maximum occupancy for this room is approximately 20 persons. A wall will need to be constructed across the back of the small conference room, as indicated on the marked up Plans which are attached hereto. The construction of the wall must comply with all laws and regulations including, but not limited to, the Building Code. 3. A revised set of plans showing the wail in the small conference room and the uses for each area of the property will need to be submitted to and approved in writing by the Planning Director. After approval of the Plans, Sober Living must use each of the areas for the designated use and obtain the Planning Director's approval in writing prior to any change in use. 4. The area designated as the "covered patio," and other outdoor areas, designated on the Plans may not be used by Sober Living clients except as provided hereafter. Clients attending meetings scheduled at the Sober Living Facility may assemble in the covered patio area, or other outdoor areas, 10 minutes prior to a meeting and 10 minutes after a meeting. Between the hours of 7:00 a.m. and 8:30 a.m., clients that attend meetings scheduled at the Sober Living Facility, may be transported by van to any other location provided that they do not assemble in the covered patio area, or other 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644.3200 • Fax: (949) 644 -3229 • www.city.newport- beach.ca.us outdoor area, for more than 10 minutes after a meeting ( "Clients Transported by Van'), Between the hours of 1:00 p.m. and 3:00 p.m., clients that Clients Transported by Van may be dropped back off at the Sober Living Facility provided that they: (a) do not arrive at the Sober Living Facility more than 10 minutes before their next scheduled meeting; or (b) that they disperse within 10 minutes after being dropped off at the Sober Living ...Facility. 5. An average of 10 meetings per week may be held at the Sober Living Facility. However, no more than 12 meetings may be held in any one week and no more than 20 people may attend any meeting. Up to two meetings may be held concurrently. The basis for determining the average number of meetings will be based on a 4 week period. On an ongoing basis, Sober Living will maintain records for the past 12 month period that document the number of meetings held per week and the number of persons in attendance. These records will be verified by a representative of Sober Living and will be made available to the Planning Director upon request. 6. No client enrolled in any of the Sober Living programs that meet at the Sober Living Facility will be allowed to operate a motor vehicle. 7. All large meetings, in excess of 20 persons, will be held at some other location (any other locations used in the City shall be approved for large assembly use). 8. The hours of operation for conducting meetings and picking up prescriptions at the Sober Living Facility will be from 6:30 a.m. to 8:30 p.m. Clients picking up or consuming prescription medicine at the Sober Living Facility will be required to leave the Sober Living Facility within 10 minutes after they have picked up or consumed their medication. 9. Any nurse at the Sober Living Facility shall only be on site Monday through Friday from 7:00 am to 5:00 pm and on Saturday from 8:00 am to noon. There shall be no nurse at the Sober Living Facility on Sundays. 10. Two staff employees shall be allowed to remain at the Sober Living Facility until 11:00 pm, 7 days a week to receive calls. 11. Except as provided herein, clients will not be allowed to assemble at the Sober Living Facility for the purpose of being transported to any other location. 12. Sober Living will provide and maintain 13 off -site parking spaces at the lot directly across the street from the Sober Living Facility and will park vehicles associated with the Sober Living Facility at the lot rather than on City streets or public parking lots. For instance, Sober Living currently uses six vans. These vans would be parked on the lot rather than on City streets in the surrounding neighborhood or the City parking lot. 13. Sober Living will direct clients and ensure that clients riding bikes to the Sober Living Facility access the facility by a route approved by the Planning Director in writing. 14. Sober living will provide trash and cigarette disposal containers and inform their clients that they are not to dispose of litter on City streets or adjoining properties. In summary, if Sober Living operated in conformance with the foregoing conditions, it would be my determination that Sober Living would not be defined as "social club ", However, please be advised that it is my opinion that any deviation from the foregoing conditions or any additional assembly at the Sober Living Facility would change the _--_category or use:. . Please contact me at your earliest convenience so we can discuss a timeline for Sober Living to implement the foregoing changes. Simply put, I cannot make a determination that Sober Living is operating in conformance with the Municipal Code until the above - referenced changes have been made. Further, as a condition to making my determination that a use permit is no longer required, Sober Living will need to withdraw its appeal without prejudice. I appreciate your continuing assistance in this matter. Very truly yours, MiU UGL eS . �iJ1u aYo Patricia L. Temple, If Planning Director for the City of Newport Beach cc: Aaron C. Harp, Assistant City Attorney Dennis O'Neil, Esq. Enclosure: Modified Plans i M1 wn� wn wn K•T � -� :' �1�� ���. M��O"lpurtWS� -- u I♦ ✓p �� ��� ...�. ICI M.W � _ ...... �4 �� = � MGM Grp _ l��,l rM�MR H..t1..FR IM.,. � i����I � Its; I a!I��, � � � ria —� � �� �ii� t � � r- „.. -n.., i �� � � � — f 0 w ��� 3 t -� �_�� � E a '--- -r - - �- -� T'�`yR�yRJ 1 � i i �Y Y 6 v_� i M1 wn� wn wn K•T � SONY M��O"lpurtWS� Mi'R�MS MM I♦ ✓p T1YY”' : �w> i W.M III M.W I%'+'�M PAt) >�M? MGM Grp ,wig rM�MR H..t1..FR IM.,. ..� ac�:� � ..._._ .._... �_ a. � . III � � -T'7— --- j a::. 'cuui j � � � '' Ir �I� �.C�L�� I� 3 �_ _ �•� _ 1LI� , � 1,��+ Zoning Agreement Exhibit D Depiction and Description of 'Peninsula Zone" Depiction of Peninsula Zone: The lands within the yellow boundary as shown below. Description of Peninsula Zone: Starting at the mouth of the Santa Ana River: • The land area southerly of the Newport and Seminouk Sloughs known as Newport Shores, and • The land coastward of Pacific Coast Highway to Newport Boulevard known as Balboa Coves, West Newport Beach, Lido Sands, and Newport Island; and • The land southerly of a line extending along the Federal Navigational Channel between Newport Boulevard and the Newport Harbor Jetty, known as the Balboa Peninsula, Lido Peninsula, Lido Isle, Bay Island, and Cannery Village; and • Southward on Newport Boulevard about 50 feet to Lower Newport Bay; and • All lands southerly of Lower Newport Bay between Newport Boulevard down the Federal Navigational Channel within the Lower Bay, inclusive of Lido Isle and Bay Island and inclusive of the Balboa Peninsula. a yu :. F' L 4: Description of Peninsula Zone: Starting at the mouth of the Santa Ana River: • The land area southerly of the Newport and Seminouk Sloughs known as Newport Shores, and • The land coastward of Pacific Coast Highway to Newport Boulevard known as Balboa Coves, West Newport Beach, Lido Sands, and Newport Island; and • The land southerly of a line extending along the Federal Navigational Channel between Newport Boulevard and the Newport Harbor Jetty, known as the Balboa Peninsula, Lido Peninsula, Lido Isle, Bay Island, and Cannery Village; and • Southward on Newport Boulevard about 50 feet to Lower Newport Bay; and • All lands southerly of Lower Newport Bay between Newport Boulevard down the Federal Navigational Channel within the Lower Bay, inclusive of Lido Isle and Bay Island and inclusive of the Balboa Peninsula. Zoning Agreement Exhibit E Specific Large DSS- Licensed Day Care Facilities — Peninsula Zone Facility No: 300000193 Capacity: 0044 CHRIST CHURCH BY THE SEA CHILDREN'S CENTER 1400 WEST BALBOA BOULEVARD NEWPORT BEACH, CA Zoning Agreement Exhibit F Route Plans In the attached Route Plans, the red arrow designates arrival route, the blue arrow designates departure route, The star designates the facility location. iii 1 381,°,2�1,7210 J 207 ,X3; 11634 Ih Street, A & B Zoning Agreement The primary route of travel between Sober Living by the Sea's administrative offices in Cannery Village (2811 Villa Way) and these residential dwelling units is 32 "d Street, Balboa Boulevard, 34th Street, and Seashore Drive. . .? 1 505 291h Street M8 ST sots Ia� Zoning Agreement The primary route of travel between Sober Living by the Sea's administrative offices in Cannery Village (2811 Villa Way) and these residential dwelling units is Lafayette, 29th Street, and Villa Way. Zoning Agreement 112 4dh Street, Units A and B 3960 -3980 Seashore Drive The primary route of travel between Sober Living by the Sea's administrative offices in Cannery Village (2811 Villa Way) and these residential dwelling units is along Balboa Boulevard, Seashore, and 32nd Street. Zoning Agreement 4816 Seashore 4711 Seashore The primary route of travel between Sober Living by the Sea's administrative offices in Cannery Villy (2811 Villa Way) and these residential dwelling units is along Balboa Boulevard, 46 Street, Seashore, 51st Street, and River Avenue. Zoning Agreement 5101 River 5004 Neptune, A & B The primary route of travel between Sober Living by the Sea's administrative offices in Cannery Village (2811 Villa Way) and these residential dwelling units is along Balboa Boulevard, River Avenue, 50th Street, Neptune, and 513f Street. 6111 Seashore 6110 West Ocean Front V Zoning Agreement �B ��9 2?J The primary route of travel between Sober Living by the Sea's administrative offices in Cannery Village (2811 Villa Way) and these residential dwellin units is along Newport Boulevard, Coast Highway, Prospect, Ocean Front Alley W, 62N and Seashore. EXhibit G Compliance Report Template (Date Report Submitted) This form covers the period of (month, day) through (month, day), 20—. During the above period, Sober Living by the Sea managed or controlled the following facilities in Newport Beach: PeninIN) Bed Count ADP License? Property Address Zon (Y or N) (Y or 1 Peninsula Oft Peninsula 2 3 4 6 6 7 ti 9 10 11 12 13 14 13 16 17 18 19 20 21 Total Bed Count Attachment No. CC 5 SLBTS Compliance Review Reports SLBTS FACILITIES Date: 12/14/09 Bed Count Bed Count Location Peninsula Zone Peninsula Off Peninsula ADP License 1. 6111 Seashore Dr. Y 6 Y 2. 6110 W. Oceanfront Y 6 Y 3. 4711 Seashore Dr. Y 6 Y 4. 4816 Seashore Dr. U Y 6 Y 4816 Seashore Dr. (Dn) Y 4 Y 5.5101 River Ave., Unit Y 4 Y 5101 River Ave., Unit B Y 6 Y 6. 5004 Neptune Ave. (Dn) Y 6 5004 112 Neptune Ave. Up Y 6 7. 122 45th St., Unit A Y 4 Y 122 45th St., Unit B Y 6 Y 8. 4500 Seashore Dr., Unit A Y 4 Y 4504 Seashore Dr., Unit B Y 6 " 9. 118 45th St., Unit A Y 4 118 45th SL, Unit B Y 2 10. 3960 Seashore Dr., Unit A Y 4 Y 3980 Seashore Dr., Unit B Y 6 Y 11. 112 40th St., Unit A Y 2 112 40th St., Unit B Y 6 12. 4800 Seashore Dr., Unit A Y 4 Y 4800 Seashore Dr., Unit B Y 6 " 13. 505 29th St. Y 6 Y 14. 100 Via Antibes, Unit A Y 4 Y 102 Via Antibes, Unit B Y 4 Y 208 Via Lido Soud, Unit D Y 4 Y_ Total: 122 17 Exhibit G Compliance Report Template Date Submitted: June 28, 2010 This form covers the period of October 2009 through June 30, 2010 During the above period, Sober Living by the Sea managed or controlled the following facilities in Newport Beach: SLBTS FACILITIES Property Address Peninsula Zone (Y or N) Treatment Bed Count ADP License (Y or N) Peninsula Off Peninsula 100 Via Antibes Y 4 Y 102 Via Antibes Y 4 Y 208 Via Lida Soud Y 4 Y 505 29'" Street Y 6 Y 3960 Seashore Y 4 Y 3980 Seashore Y 6 Y 112 40" St Unit A Y 0 (2 staff only) N 112 401" St Unit B Y 6 N 4500/4504 Seashore Y 10 Y 4711 Seashore Y 6 Y 4800 Seashore units A & 8 Y 10 Y 4816 Seashore unit A Y 4 Y 4816 Seashore, unit B Y 6 Y 5004 Neptune, unit A Y 6 N 5004 Neptune, unit B Y 6 N 5101 River, unit B Y 6 Y 6110 West Ocean Front Y 6 Y 6111 Seashore Y 6 Y Total Bed Count: 100 Effective April 30, 2010, Sober Living by the Sea no longer operates: • 12245 1h Street, unit A • 12245 th Street, unit B • 5101 River Avenue, unit A Brown, Janet From: Kathy Sylvia, Newport Beach, CA (ksylvia @crchealth.coml Sent: Tuesday, June 29, 2010 12:53 PM To: Brown, Janet Subject: Exhibit G (2) Attachments: Exhibit G (2).doc Janet, Attached is Exhibit G which outlines Sober Living By The Sea's bed compliance report. Please contact me if you have any questions. I appreciate your help. Please acknowledge the reciept of this document. Kathy Kathleen Sylvia Executive Director SLBTS 949.258.0063 kathys(a.crchealth.com This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by HIPAA legislation (45 CFR, Parts 160 & 164). If you are not the intended recipient or the person responsible for delivering this email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender by replying to this email and then delete the email from your computer. Saber Lizdng b)' the Sea July 8, 2010 City of Newport Beach Janet Brown, Associate Planner 3300 Newport Blvd. Newport Beach, CA 92663 RE: Notice of Program Relocation Dear Ms. Brown: This letter shall serve as formal notificafion of our intent to vacate the following Properties as of July 31, 2010: 100 Via Antibes 102 Via Antibes 208 Via Lido Newport Beach, CA 92663 As of August 1, 2010, we will be occupying the following address: 4138 Patrice Newport Beach, CA 92663 While we currently hold an ADP license for twelve beds at the current location, it is our intent to move forward with licensing for six beds at the new location. As you are aware, we are not required to have a license for this facility, however, we are moving forward to transfer the license. Upon receipt of the license we will provide you a copy of the same, as well as the Fire Marshall's report. Please contact me with any questions or comments. Thank you for your attention to this matter. Sincere Kathie Sylvia, R.N., MBA, Executive Director Sober Living By The Sea Treatment Centers A Division of CRC Health Group, Inc. ..ar i \lli:i \',`.::, v.',:pu+i I;�. ( :'7.'A!,; ti„.,� it q t'..�I:i \(Ci:�. !. .; Brown, Janet From: Kathy Sylvia, Newport Beach, CA [ksylvia @crchealth.comj Sent: Monday, October 04, 2010 3:45 PM To: Brown, Janet; Cosylion, Matt Subject: 4711 112 Seashore Janet and Matt, This is to inform you that 4711 % Seashore, which has been part of the SLBTS rental system for many years, began it use it for clients sleeping on Sept 1st of 2010, It is a two bedroom apartment (attached to 4711 Seashore); is not have an ADP license; has three beds in the two bedroom apt. Many thanks. Kathy Kathleen Sylvia Executive Director Sober Living by the Sea Treatment Centers A Division of CRC Health Group, Inc. O: (949) 258 -0063 www.soberliving_com This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by H1PAA legislation (45 CFR, Parts 160 & 164). If you are not the intended recipient or the person responsible for delivering this email to the intended recipient, -be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender by replying to this email and then delete the email from your computer. Attachment No. CC 6 Code Enforcement Inspection Reports April 29, 2010 TO: FROM: SUBJECT: CODE AND WATER QUALITY ENFORCEMENT DIVISION MEMORANDUM Office of the City Attorney Matt Cosylion, Senior Code Enforcement Officer Sober Living by the Sea Facilities — Zoning Agreement Compliance Inspection & Parolee Check Please review the below report for compliance with the Sober Living by the Sea Zoning Agreement. Compliance Inspection On April 27, 2010, Code and Water Quality Enforcement Manager John Kappeler and I inspected the following Sober Living by the Sea ( SLBTS) facilities: 6111 Seashore Dr., 4816 Seashore Dr., 112 40"' St., and 100 -102 Via Antibes and 208 Via Lido Soud. The purpose of the inspection was to verify the accuracy of the Compliance Review Report (dated Dec. 14, 2009), specifically, the location of SLBTS facilities and their respective bed counts. As required by Condition No. 14 of the Zoning Agreement, SLBTS was notified, via email and telephone, 24 hours in advance of the time and locations of the inspections. The point of contact from SLBTS was Jennifer Twist. Twist and Danielle Farnsworth were present at each of the inspections. 6111 Seashore Dr The first facility inspected was located at 6111 Seashore D r SLBTS for this facility was the Program Director, Sandy breakdown of the bedrooms along with the bed count: Downstairs Bedroom 1 - 2 beds Office- No bed . The point of contact from Taylor. The following is a 11Page Upstairs Bedroom 1 - 1 bed Bedroom 2 - 1 bed Bedroom 3 - 2 beds This facility has 24 hour staffing but there are no resident staff members or staff beds. There are 6 clients residing at the facility. It should be noted that the garage was clear and accessible for vehicle parking. Trash cans were stored inside of the garage. 4816 Seashore Dr The next facility inspected was located at 4816 Seashore Dr. The house manager, Rebecca Hayward, was present for the inspection. The following is a breakdown of the bedrooms along with the bed count: Unit A (downstairs) Bedroom 1 -1 bed (Hayward's Room) Bedroom 2 - 2 beds Unit B (Upstairs) Bedroom 1 - 2 beds Bedroom 2 - 2 beds Bedroom 3 - 2 Beds Bedroom 4 - 2 beds Per the Compliance Review Report submitted by SLBTS, Unit B should have 6 beds. One of the additional beds was intended to be utilized by a staff member. We directed Ms. Farnsworth to remove the two additional beds in Unit B. It should be noted that after inspecting the facility at 100 -102 Via Antibes, we drove by 4816 Seashore Dr. and observed SLBTS maintenance employees removing the beds There are 2 clients residing at this facility. There is 1 client in Unit A and 1 client in Unit B. The house manager, Hayward, sleeps in Unit A. The carport was clear and accessible for parking 112 40th St From 4816 Seashore Dr., we proceeded to inspect 112 400' St. Unit A (downstairs) is utilized by staff only. Since there were no client beds in Unit A, we did not inspect. The house manager for Unit B, Rob Bolton, was present for the inspection. The following is the breakdown of the bedrooms along with the bed count. Unit A (downstairs) Staff quarters only, did not inspect 21Page Unit B (Upstairs) Bedroom 1 - 2 beds Bedroom 2 - 1 bed (Bolton's Room) Bedroom 3 - 1 bed Bedroom 4 - 2 beds There are no clients currently residing at 112 40th St. In bedroom 4, there was a broken - down bed. Mr. Bolton, the house manager, had moved in the night before and brought his own bed. Farnsworth stated that the bed would be removed. The garage was clear and accessible for parking. 100 -102 Via Antibes, 208 Via Lido Soud The last facility inspected was 100 -102 Via Antibes and 208 Via Lido Soud. The house manager, who lives in a studio bedroom in 102 Via Antibes, was not present for the inspection. The following is a breakdown of the rooms along with the bed count: 100 Via Antibes Bedroom 1 - 1 bed and a computer station Bedroom 2 - 2 beds and a mattress set from Bedroom 1 It should be noted that the mattress set was stacked against the bedroom wall. The mattresses were not on a bed frame and did not have sheets or blankets on them. 102 Via Antibes (Upstairs Bedroom 1 - 1 bed Bedroom 2 - 2 beds Bedroom 3 - Staff bedroom. This bedroom was separated from the rest of the unit by a door with a deadbolt. Clients do not have a key to unlock this door. There is a kitchenette in the studio and an exterior stairway that provides access to the studio. It appeared that the staff bedroom was being utilized as a separate dwelling unit. This property was originally constructed with three dwelling units. The addition of a fourth dwelling unit would require permits from the City. A code enforcement case file has been opened and code enforcement staff will conduct an investigation into the matter to determine if there is a violation. (See 12010 -0493) Bedroom 1 - 2 beds Bedroom 2 - 2 beds There are 3 clients residing at 208 Via Lido Soud, none at 100 Via Antibes, and 2 clients at 102 Via Antibes. There are three covered off - street parking spaces (garages) and 3 uncovered off - street parking spaces. The property owner uses one of the garage spaces to store personal items, and the other 2 garage spaces are utilized by SLBTS. All three garage spaces 3 1 P a g e were not accessible for parking. The three uncovered parking spaces were clear for parking. A code enforcement case file has been opened and code enforcement staff will advise the property owner that all three garage parking spaces must be clear and accessible for parking at all times. (12010 -0493) Notes Overall, the facilities we inspected were clean and free of trash and rubbish around the property. Refuse containers were stored in the garages or out of public view. I did not observe cigarette butts discarded in the street, alley, sidewalks or gutters near the facilities. During the inspection, J. Kappeler asked Ms. Farnsworth about the SLBTS procedure for disposing of urine samples obtained from clients. Ms. Farnsworth stated that urine samples are emptied into a toilet and the containers are discarded in the trash. She stated that this method had been approved by the City. It should be noted that the facility located at 118 45" St. closed at the beginning of the year (2010). The facility at 122 45th St. is scheduled to close at the end of May. It was agreed that SLBTS would submit an updated facility list to the City along with an updated bed count and client count and copies of the appropriate fire clearance reports. Parolee Check As required by the Zoning Agreement (Exhibit B, Section B[1)), no parolees shall reside at any SLBTS facilities. On April 29, 2010, the Newport Beach Police Department verified that no parolees were residing at any of the addresses listed in the attachment — SLBTS Facilities, dated 12- 14 -09. 41Page July 29, 2010 CODE AND WATER QUALITY ENFORCEMENT DIVISION MEMORANDUM TO: Office of the City Attorney FROM: John Kappeler, Code & WQ Enforcement Division Manager SUBJECT: Sober Living by the Sea Facilities — Zoning Agreement Compliance Inspection & Parolee Check Please review the below report for compliance with the Sober Living by the Sea Zoning Agreement. Compliance Inspection On July 28, 2010, Code and Water Quality Enforcement Senior Officer, Matt Coalion, and I inspected the following Sober Living by the Sea ( SLBTS) facilities: 505 29 St., 5004 Neptune Ave. Unit A/B, 5101 River Ave. Unit B and 4500/4504 Seashore Dr. The purpose of the inspection was to verify the accuracy of the Compliance Review Report, specifically, the location of SLBTS facilities and their respective bed counts As required by Condition No. 14 of the Zoning Agreement, SLBTS was notified, via email and telephone, 24 hours in advance of the time and locations of the inspections. The point of contact from SLBTS was Danielle Farnsworth. Farnsworth and Eric Vandennoort were present at each of the inspections. 505 29"' St. The first facility we inspected was 505 29`h St. The property is a female only licensed sober living facility. The onsite manager, Kristen, a nurse and another SLBTS employee were present during the inspection. The following is a breakdown of the bedrooms along with the bed count: Downstairs Bedroom 1 - 3 beds Bedroom 2 — 1 bed (staff only) 1 jPage Upstairs Bedroom 1 - 3 beds The upstairs portion of the house also included a meditation room (with a small day bed — that isn't used for sleeping purposes) and a massage room complete with a massage table. The property is staffed 24/7, the overall condition clean, the property has working smoke detectors, the garage accessible for parking and no refuse issues. Three of the six beds are currently occupied with clients. 5004 Neptune Ave. Unit A/B The next facility inspected was 5004 Neptune Ave. The property is a male only unlicensed sober living home. The following is a breakdown of the bedrooms along with the bed count: Unit A (Downstairs) Bedroom 1 -2 beds Bedroom 2 - 2 beds Bedroom 3 — 2 beds Unit B (Upstairs) Bedroom 1 - 1 bed (staff only, Bob Sears) Bedroom 2 - 2 beds Bedroom 3 - 2 Beds Bedroom 4 - 2 beds The property is staffed 24/7 (house manager - Bob Sears), the overall condition clean, the property has working smoke detectors and no refuse issues. Unit A currently has one bed occupied with a client, and Unit B has 3 beds occupied with clients + the onsite manager. 5101 River Ave. Unit B From 5004 Neptune Ave., we proceeded to inspect 5101 River Ave. Unit B. The following is the breakdown of the bedrooms along with the bed count: Unit B (Upstairs) Bedroom 1 - 1 bed (staff only) Bedroom 2 - 2 beds Bedroom 3 - 2 beds Bedroom 4 - 2 beds 21Page The property is staffed 2417, the overall condition clean, the property has working smoke detectors and no refuse issues. Currently no clients reside at the property — only the house manager is living there at this time. 4500/4504 Seashore Dr. The last facility we inspected was 4500/4504 Seashore Dr. This is a female only facility with two house managers living in the upstairs unit (4504). The following is a breakdown of the bedrooms along with the bed count: 4500 Seashore Dr. (Downstairs) Bedroom 1 - 2 beds Bedroom 2 - 2 beds 4504 Seashore Dr. (Upstairs Bedroom 1 - 2 beds Bedroom 2 - 2 beds Bedroom 3 — 2 beds (staff only) The property is staffed 24/7, the overall condition clean, the property has working smoke detectors and no refuse issues. Currently four beds at 4500 are occupied with clients and 2 beds at 4504 + the two house managers. Notes Overall, the facilities we inspected were clean and free of trash and rubbish around the property. Refuse containers were stored in the garages or out of public view. We did not observe cigarette butts discarded in the street, alley, sidewalks or gutters near the facilities. Three SLBTS facilities (4500 Seashore Dr., 4800 Seashore Dr. and 505 291' St.) are currently approved to house clients on probation (as approved by OC Probation). SLBTS is planning to remove the probation approval from the 4500 Seashore Dr, property. SLBTS will be giving up the 4816 Seashore Dr. facility when the lease expires (later this calendar year), and they're planning to retain the 4800 Seashore Dr. facility. Parolee Check As required by the Zoning Agreement (Exhibit B, Section B[11), no parolees shall reside at any SLBTS facilities. On July 29, 2010, the Newport Beach Police Department verified that no parolees were residing at any of the addresses listed in the attachment — Exhibit G, Compliance Report Template, dated: June 28, 2010. 3 1 P a g e Attachments: Exhibit G, Compliance Report Template, dated: June 28, 2010 NBPD Parolee Check Email, dated: July 29, 2010 41Page September 30, 2010 CODE AND WATER QUALITY ENFORCEMENT DIVISION MEMORANDUM TO: File FROM: Matt Cosylion, Senior Code & WQ Enforcement Officer SUBJECT: Sober Living by the Sea Facilities — Zoning Agreement Compliance Inspection & Parolee Check Compliance Inspection On September 29, 2010, Code Enforcement Officer (CEO), Brian Contino, and I inspected the following Sober Living by the Sea (SLBTS) facilities: 4711 and 4711 '/2 Seashore Dr., 6110 W. Ocean Front, and 4138 Patrice. The purpose of these inspections was to verify the accuracy of the Compliance Review Report (dated June 28, 2010), specifically, the locations of SLBTS facilities and their respective bed counts and to verify compliance with the operational regulations outlined in Exhibit B of the Zoning Agreement. As required by Condition No. 14 of the Zoning Agreement, SLBTS was notified, via email and telephone, on Monday, September 27 of the time and locations of the inspections. Chris Swanberg, an employee of SLBTS, drove us to each of the locations. 4711 and 4711'/2 Seashore Dr. The first facility inspected was The Landing, located at 4711 Seashore Dr. The Landing is a male only licensed facility. It should be noted that 4711 Seashore Dr. (front unit) is a licensed facility while 4711 %2 (back unit) is unlicensed. The point of contact from SLBTS for this facility was the Program and Clinical Director, Stephen Odom. This facility has 24 hour staffing, but there are no resident staff members or staff beds. There are 6 clients residing at 4711 Seashore Dr. and 3 clients at 4711 '/2 Seashore Dr. Bed Count: 4711 Seashore Dr, Downstairs Staff Office 1 jPage Upstairs Bedroom 1 - 2 beds Bedroom 2 - 2 beds Bedroom 3 - 2 beds 4719 % Seashore Dr, Bedroom 1 -1 bed Bedroom 2- 2 beds Office -No beds It should be noted that 4711 '/2 Seashore Dr. is not listed on the Compliance Review Report, dated June 28, 2010. On October 4, 2010, 1 contacted SLBTS regarding the matter. According to Kathy Sylvia of SLBTS, 4711 '/2 Seashore Dr. was not occupied by clients when the Compliance Review Report was submitted to the City. On September 1, 2010, SLBTS began utilizing 4711 '/z Seashore Dr for client use (living and sleeping area). An email from SLBTS regarding this matter is attached to this report. Medical Waste SLBTS uses a urine analysis (UA) device that has a lid which is difficult to remove. The UA devices, containing urine, are disposed of in the trash. Occasionally, The Landing will have a diabetic client who needs insulin shots. The needles are disposed of in a "Sharps" container (biohazard) which is taken to the SLBTS facility at 2811 Villa Way for proper disposal. Secondhand smoke /Cigarettes: Upon arriving at the facility, two clients were observed smoking in the side yard adjacent to 47'h Street. During the inspection, other clients were observed smoking in the side yard and placing their cigarette butts in a nearby cigarette receptacle, which extinguishes the cigarette butts and contains the odor. CEO Contino and I crossed the street and stood on the sidewalk adjacent to 4801 Seashore Dr. From this location, we could not smell the cigarette smoke. Next, we monitored the cigarette odor from Seashore Dr. Standing in the middle of the street, there was a faint odor of cigarette smoke. CEO Contino and I then checked the front yard patio and planters for cigarette butts. There were a few cigarette butts in the bushes and in the planter box. Clients are required to sweep the exterior of the property on a daily basis and are only permitted to smoke in the side yard adjacent to 47`h St. According to SLBTS staff, beachgoers have been observed disposing of cigarette butts in the planter box and on the street. Off - Street Parking: There are three garage parking spaces for this property and one carport space. All off - street parking spaces were accessible for parking. Bikes and trash cans were stored in one of the garage parking spaces. However, the trash cans and bikes are easily moved and do not constitute a violation of Newport Beach Municipal Code Section 20.66.040. 21Page Trash/Trash Cans: Prior to leaving, CEO Contino and I walked the exterior of the property. It should be noted that the property was clean and well- maintained. As previously noted, the trash cans were stored in the garage as allowed per code. 6110 W. Ocean Front The next facility inspected was The Rose 11, located at 6110 W. Ocean Front. The Rose II is a licensed female only facility. The point of contact from SLBTS for this facility was the Program Director, Sandy Taylor. The facility has 24 hour staffing, but there are no resident staff members or staff beds. There are 6 clients residing at this facility. Bed Counts: Downstairs Bedroom 1 - 2 beds Upstairs Bedroom 1 - 2 beds Bedroom 2 - 2 beds Office — No beds Medical Waste: The Rose II utilizes the same UA device as The Landing. After completion of the UA test, the urine is poured into a toilet and the UA device is disposed of in the trash. Secondhand smoke /Cigarettes: Clients are only permitted to smoke in the front yard. In the front yard, a cigarette butt receptacle similar to the one at the Landing was observed. No cigarette butts were observed in the street or around the property. Off - Street Parking: There are two off - street, covered (garage) parking spaces for this property. Both spaces were accessible for parking. Trash /Trash Cans. Prior to leaving, CEO Contino and I walked the exterior of the property. The property appeared clean and well- maintained. Trash cans were stored in the side yard behind a closed gate as allowed per code. 3 1 P a g e 4138 Patrice The last facility inspected was located at 4138 Patrice. This location is a female only sober living home. The point of contact from SLBTS was the case manager for the facility, Susie Bailey. SLBTS does not have a license from ADP for this location but is working to obtain one. This facility has 24 hour staffing and has a resident staff member. The resident staff member, Gracie, is a registered nurse and is referred to as the "House Mom." There are 2 clients residing at this facility. This facility is replacing the 100 -102 Via Antibes facility. Bed Counts: Downstairs Bedroom 1- Staff Upstairs Bedroom 1 - 2 beds Bedroom 2 - 2 beds Bedroom 3 - 2 beds Office - No Beds WIFYIW The UA device utilized at this facility is the same one used at The Landing and The Rose II. After completion of the UA test, UA devices, containing urine, are disposed of in the trash. The UA devices are not placed in a bag prior to being disposed of in the trash. Secondhand smoke /Cigarettes: Clients are only permitted to smoke in the front yard. A cigarette receptacle device similar to those at The Landing and Rose II was observed as well as ashtrays. There were no discarded cigarette butts in /or around the property. Off - Street Parking: There are two off - street, covered (garage) parking spaces for this property. Both spaces were accessible for parking. Trash /Trash Cans: Prior to leaving, CEO Contino and I walked the exterior of the property. The property appeared clean and well- maintained. Trash cans were stored in the garage as allowed per code. 41Page Parolee Check As required by the Zoning Agreement (Exhibit B, Section B [1)), no parolees shall reside at any SLBTS facilities. On September 29, 2010, a request was submitted to the Newport Beach Police Department (NBPD) for verification that no parolees were residing at any of the addresses listed in the attachment — Exhibit G, Compliance Report Template, dated: June 28, 2010. On October 1, 2010, the NBPD verified that no parolees were residing at any of the addresses listed in the attachment — Exhibit G, Compliance Report Template, dated: June 28, 2010. Notes Overall, the facilities inspected were clean, and free of trash and rubbish around the property. Refuse containers were stored in the garages or out of public view. With the exception of 4711 Seashore Dr., cigarette butts were not observed in the street, alley, sidewalks or gutters near the facilities. I obtained the house rules for each of the facilities. All of the house rules designated specific locations for smoking. On September 30, 2010, staff met with Kathy Sylvia from SLBTS to discuss the results of the inspection. Staff recommended that a limit be placed on the number of clients who can utilize the designated smoking area at 4711 Seashore Dr. at any given time. This may help to prevent second hand smoke from affecting residents within the vicinity of the facility. Staff discussed the current procedure for disposing of UA devices at 4711 Seashore Dr and 4138 Patrice. Ms. Sylvia stated that it was not the policy of SLBTS to dispose of UA devices into the trash when they contain urine. A copy of the SLBTS policy on the disposal procedure for UA devices has been submitted to the Office of the City Attorney for review. Attachments: Exhibit G, Compliance Report Template, dated: June 28, 2010 Email from Kathy Sylvia, Executive Director, SLBTS, dated: October 4, 2010 51Page CODE AND WATER QUALITY ENFORCEMENT DIVISION MEMORANDUM September 30, 2010 TO: File FROM: Matt Cosylion, Senior Code & WQ Enforcement Officer SUBJECT: Sober Living by the Sea Facilities Today, the exteriors of the following Sober Living by the Sea ( SLBTS) facilities were inspected: 4711 Seashore Dr., 6110 W. Ocean Front, 505 29h St., 5004 Neptune, 5101 River Ave (Unit B), 3960 -3980 Seashore Dr., 4500 -4504 Seashore Dr., 4800 Seashore Dr., 4816 Seashore Dr., and 6111 Seashore Dr. The purpose of these inspections was to verify that all the above SLBTS facilities are in compliance with the Operational Regulations (Section B, Exhibit B of the SLBTS Zoning Agreement) as they pertain to trash, second hand smoke, and the proper disposal of cigarette butts. Second Hand Smoke /Cioaretfe Butts: At all of the facilities, there were no clients or other persons observed smoking cigarettes. All of the facilities were relatively free of cigarette butts. All of the facilities had at least one cigarette receptacle device located in a patio or front yard. Trash /Debris All of the facilities were clean and well- maintained. Refuse Containers At 5004 Neptune, 4816 Seashore Dr., 6111 Seashore Dr., 4711 Seashore Dr., 6110 W. Ocean Front, and 3960 -3980 Seashore Dr., the trash cans were stored in a garage, side yard, or in a location not visible to public view. All of the trash cans that were visible to public view had lids on them and the area around the trash cans was clean. At 505 29`h St., 5101 River Ave (Unit B), 4500 -4504 Seashore Dr., and 4800 Seashore Dr, all or some of the trash cans did not have lids. At 505 29`h St. and 4500 -4504 Seashore Dr, the trash cans were improperly stored. After the inspection, staff met with Kathy Sylvia of SLBTS to discuss the results of today's inspection and the inspections on September 29, 2010. Ms. Sylvia was advised that all trash cans must have lids on them and must be properly stored. I also advised 1jPage Ms. Sylvia that the City had received a complaint regarding second hand smoke at 4711 Seashore Dr. in October, 2009. Although the City has not received additional complaints, care should be taken to prevent second hand smoke from disturbing residents living at adjacent properties. 21Page Enforcement Semi - annual compliance reports submitted 12114/09, 6/28/10; 4 Semi- annual compliance C ,,_. -, lu,.. ,...� No more than 204 Citywide, Peninsula no more facilities inspected 4127/10, 4 reports show bed counts under - than 156 facilities inspected 7128/10; 3 limits citywide and in Peninsula ;Inspections in April, July and September 2010 showed facilities inspected 9/29110; External Zone 'consistent with counts reported by SLBTS inspection of all facilities 9/30/10 Lido Island limit No more than 12 beds on Lido Island Lido Island facilites inspected In compliance (3 units, 4 beds 4/27/10 each ) SLBTS Lido Island facilities closed July 31 2010 Except 156 beds in Peninsula Zone Facilities outside Peninsula Zone located in MFR Facility outside Penisula Zone and Lido Island, all facilities located in only. is located in MFR New SLBTS facility opened outside Peninsula Zone at MFR ,in MFR zone New facilities opened after effective date - one facility per block. or across Block is area bounded by four streets, not alleys. New facility inspected 9/30/10 Sole facility on block 4138 Patrice only new facility established since effectl% borderino Ordinance Effective Date: 5/12/09 118 45th St. or 122 45th St. - BOTH CLOSED Disperal - disperse to one facility per Dispersal Date: 11/12/11 block wM 30 months of effective date Exceptions not required to disperse: 112 40 th In compliance, final required 307 112 34th St. or 309 112 34th St - BOTH CLOSED of ordinance adopting agreement. Four S1. and 3960 -3980 Seashore; 122 45th St. and dispersal in progress exceptions under DA may remain w /in 4500 -4504 Seashore; 6110 Oceanfront and 6111 4800 Seashore or 4816 Seashore - 4816 CLOSING OI same block. Ocean Front; 4717 Seashore and either 4800 12!2/ 30/10 Seashore or 4816 Seashore No new facility established outside Dispersal of final location in Peninsula Zone until dispersal 4138 Patrice established before final facility at 4816 Sr process. completed relocation, but during period that dispersal i Proximity to schools, large day care No facility Win 1,000' of NMUSD elementary Incompliance facilities school or large d8 care facility Proximity to parks No facility adjacent to 36th St. tot lot or Marina In compliance Park tot lot Parolees from CA Dept. of Corrections or NBPD performed parolee checks Parolees and government referrals equivalent prohibited, government referrals 1/28(10, 4/29/10, 7/29/10, 9/30110 In compliance prohibited. Other parolee /probationers - 1 per dwellina unit allowed and 10/21/10 NBPD reports indicate no parolees at any SLBTS addr Disposed of in accordance with law and best Requested information at 9/29/10 2 facilities advised to adopt 4711 Seashore and 4138 Patrice not using preferred n Medical waste disposal disposal. CE advised SLBTS 9/30110. SLBTS returns practices interior inspections preferred procedure referred method. Inspected at 11 facilities' interior advised 9130/t of corrections needed at : Other waste disposal Comply with NBMC trash enclosure provisions inspections and all 9/30/10 external Most facilities in compliance, 4 B River, 45004504 Seashore, 4800 Seashore. SLBT: advised of correction needed action taken by 1015/10 at most locations. SLBTS plan inspections securi to ,event can lid theft Good faith effort to prevent smoke affecting Inspected at 11 facilities' interior 1 orme o comp a nts, situation a resse , n 2 neighbor complaints & 1 3 complaints to CE - 102 Via Secondhand smoke neighboring properties; direct clients not to litter inspections and all 9(30110 external tobacco ;complaints. Code Ent. advised SLBTS 9/30/10 of sug neighboring business Antibes, and 4711 Seashore, and - mitigation measures for 4711 Seashore after inspecdo with products or violate smoking orohibitions inspections complaint, addressed Villa Way facility Comply with NBMC requirements for offstreet Inspected at 11 facilities' interior Most in compliance, correction Owner of 100.102 Via Antibes and SLBTS using garatt OHStreet parking parking inspections and all 9130/10 external purposes; Code Enforcement advised and garages mi required at Via Antibes facilities ins actions available for parking. Required staffing 24 -hour hotline for complaints In compliance 24 -Hour Complaint Hotline - 948 554 -1147 Quiet hours, all residents inside: Sun - Thurs: 10 Quiet hours PM - 7 AM; No noise complaints received Fri - Sat: 11 PM - 7 AM Client transport routes Routes submitted to City, good faith efforts to No client transport complaints One complaint about van driver not SLBTS staff informed van driver seen on cell phone, n adhere required received adhering to Vehicle Code complete stop at stop sign; SLBTS addressed with dri, Deliveries During customary times for deliveries in No delivery complaints residential area received Clients per bedroom 2 clients per bedroom unless size of structure Inspected at 11 facilities' Interior In compliance All facilities inspected had 2 per bedroom or fewer clle '505 warrants more for an single bedroom inspections 29th which had 2 rooms large enough for 3 beds r 2811 Villa Way meeting facility Comply with terms of 8/25/06 letter in compliance with terms of Good faith efforts proceeding to complete parking lot, I letter ezceot DarklnD I reeuested to obtain orooertv owner comoli• I Condition Category Specific Requirements Compliance Review Date r Enforcement large conference room size reduced 20 person max occupancy Final City approval 2/5/09 In compliance Planning Director must approve design in writing Final City approval 2/5/09 In compliance Two office cubicles constructed within large conference room Small conference room size reduced 20 person max occupancy Final City approval 2/5/09 In compliance Wall constructed across back of small conference room Wall must be COC compliant; revised plans submitted & approved Final City approval 2/5/09 Incompliance Planning Director in writing Complaint to Code Enforcement Covered patio and other outdoor areas used by SLBTS clients only as Not in compliance for portion of review September 2010: clients stated in 8/25/06 lettter from Planning Director See 1.5, below period, back in compliance after congregating more than 10 minutes complaints reported before or 10 minutes after City staff reported complaint to SLOT removed from outdoor patio and pre 1.Outdoor areas - client congregation before meetings May congregate outdoors no more than 10 minutes before meeting Now in compliance See above 2. Outdoor areas - client congregation after meetings May congregate outdoors no more than 30 minutes after meeting Now in compliance See above 3, Outdoor areas - client congregation before morning transport from 7:00 AM -8:30 AM, clients may congregate no more than 30 Villa Way facility to other locations minutes after a meeting In compliance City staff requested and received asst all transportation requirements 4. Outdoor areas - client congregation after afternoon transport to Villa 1:00 PM -3:00 PM, clients may congregate no more than 10 Way facility from other locations a requested and minutes prior to either a meeting or dispersal from facility In compliance City staff requested and received asst all transportation S. No client congregation at facility for transportation, except as provided in items 3 and 4, immediately above. In compliance City staff requested and received asst all transportation requirements. Client meetings at facility permitted, with restrictions on number of Now back in compliance - logs not meetings and attendees See 1 -5, below Records requested October 2010 maintained in 2009. Attendance estimates SLOTS began Keeping required attend created by SLOTS through other records. submitted b SLOTS in October 2010 October r 20101 1. No more than 10 meetings per week, on average Averaged over 4 week period Records reviewed October 2010 In compliance .Generally 10 meetings/week, 2- No more than 12 meetings in any single week No more than 2 meetings held concurrently at site Records reviewed October 2010 In compliance General) 10 meetin s /week, occasio 3. No more than 20 attendees at any meeting No more than 2 meetings held concurrently at site Records reviewed October 2010 In compliance 4. Records maintained to show number of meetings held and attendees Records show meetin attendance us Records maintained 12 months, verified by SLBTS employee, Not (n compliance from 2009 - Summer Meeting records and attendance logs resent Ins inspected CI upon request Records requested October 2010 2010. Records now being maintained. SLOTS advised to begin maintainin rf S. Meetings w/ more than 20 persons held in another location Large meeting facility opened in In compliance Meeting facility in Costa Mesa open a attending client aending Villa Way meetings allowed to operate a motor 2007 in Costa Mesa purposes. vehicle vehicle n corn City staff requested and received asst pliance this requirement. Facility hours limited See 1 -3 below .City staff requested and received asst In compliance this requirement. 6:30 AM • 8:30 PM. Clients must leave facility 30 minutes after 1. Meetings and prescription pickup meeting or prescription pickup. In compliance City staff requested and received asst this requirement. 2. Onsite nurses Monday- Friday 7:00 AM - 5:00 PM, Saturday S:OOAM -Noon. No City staff requested and received asst nurses onsite Sunday, In compliance this requirement. 3. Other staff 2 staff may be onsite until 11:00 PM to receive calls In compliance City staff requested and received asst this re uirement. Offsite parking lot required Provide and use 13 offsite parking Spaces in parking lot to be SLOTS submitted letter dated 11 /1 Not In cam owner's attorneys Records provided October 2010. compliance, but ongoing good faith attempting to mop constructed across street. efforts documented summarized in staff report attachmel Clients riding bikes to facility must use Planning Director-approved Written route plan provided by SLOTS 10 /26/06; approved by I on Mel route Planning Dept. On 10/21/10, City staff presented SLI In compliance SLBTS: Waste and cigarette disposal containers Must be provided onsite at facility In compliance City staff requested and received assu this requirement. Appeal of use permit denial withdrawn without prejudice Appeal withdrawal a required condition to Planning Director's finding that use permit no longer needed Appeal withdrawn in 2006 A e c 0 f F SLIBITS Zoning Agreement - Annual Compliance - Individual Facilities N Frri Interior mpecton - piem bee Ns in T Facnlity address: 505 29th St 7128/10 compllaroe wth No complaints from 6 client beds) Exterloriapection- reported NS public 5 1 The facilt OPEN as of 1011/10 Except 15s beds in Peninsula Zone Facades =side and Lido Island. all IacA4res hated in This facility located In Peninsula Zone located 6 MFR Peninsula Zane in MFR only, New laci4res opened after edeavve Block is area bounded date - one fa6,hly per Mack, or across by four streets, not Sole facility on block` Wolenorl steel allels. Ordinance EBedive Date: 5112/09 Dispersal Date: 11112/11 11845th St. or 12245th St. - BOTH CLOSED Exceptions nor required Ll Peral - disperse to brie facpay per to disperse, 112 40 in 307 112 39th St. or 309 112 34th St - BOTH dock w/in 30 morphs of effective date St. and 3960.3980 CLOSED d ordinance adopting agreement. Sole facile on dock - Seashore; 122 45th St. oldispersal Four exceptions under DA may and 4500.4504 required 4800 Seashore or 4816 Seashore - 4816 remain won same block. Seashore; 6110 CLOSING SCHEDULED Oceanfront and 6111 Ocean Front; 4711 Seashore aid either a 4800 Seashore or 4816 new facility established outside INO Perinsda Zone oils dispersal Dspareal of final Diaper 9 comolated location is process. No facility wan 1,000' of Froumpy to schools. large day care NMUSD elementary facilities school or large day care Incompliance o fit Ji No facility adjacent to Proximity 10 perks 3611h St. tot lot or Mares In compliance Park tot lot Parolees from CA Dept. of Corrections or equivalent prohibited, NBPD performed Parolees and govenrnert referrals government referrals parolee checks 1/2 &10, In compliance prohibited. Other 4/29/10 7/29!10 peroloe /probationers - 1 gr30r10 and 1=1/10 per dwelling one allowed 3z Disposed of in Medical waste disposal accordance with law 13 1 j rash cans not "pe7Vk)catK adv Comply with NBMC Exterior inspection - 91=10. Corrective action rot taken by 10/5/10, Other waste dspoual trash enclosure 9/3410 Not In compliance because because of missing can lids. SLBT$ wis prpsima new can lids. 14 Good farm effort to prevent smoke affecting nelghbonng properties: Edenor inspection - No complaints received, Secondhand smoke direct clients not to lifter 9/30!10 no smoke or related tobacco Products or titer observed vlolate smoking 15 prohibitions 011slreelparking Comply with NBMC Exterior inspection requirements for No compll received — — 1a 9/mio- offblreal /kin Required staffing 20.hour hogirte for In Compliance 11 corm lamas Hdane 554 -1147 l Duel hours, all iwurs residents inside: Sun - No noise complaints Thurs: 10 PM - 7 AM; received la' Fri - Sat; 11 PM - 7 AM Roulas submitted to Transport routes City, good fat h efforts rt No transport rote wt route 'a dherer ired Complaints received During customary limes ...nos for delwanes In No delivery conplants 20 _ residential area received 2 clients per bedroom per bedroom uNerS size of structure interior Lion - 2 bedrooms contained 3 warrants more for any 728/10 128110 bads size of rooms Consistent with rovlstons of ZA p single bedroom approp/late for N 22 I Semi annually; by I Concatenate, reports Repolmg Frequency December 31 and June I submitted 12/14/09 and Incompliance 22 0 Ill. Al e D E 6 I SILBTS Zoning Agreement - Annual Compliance - Individual Facilities 4 Condition Category Specific Requirements Inspection a Code Enfomement Not- FaWay address: 112 40th St., A&B Imenor inspetlion No complaints from f6 client beds in 8, 2 staff in A) 4127110: Exterior Client bed Ms consistent pubic 5 Inspection 9130110 with as reported This facifty, OPEN as of 10'1/10 Except 156 beds it Peninsula Zone Facilitss Outside and lido Island. as facilities located in Peninsula Zone located This facalty located In s FR in F penelsuie Zone New faculties opened after effective Block is area bounded -ate - One facility per dock, or acmes by tow streets, rot Exception under ZA r Lo,dering sustair alleys Ordinance Effective Date: 5112109 Dispersal Date'. I 12`11 118 45th SL or 122 45th St. • BOTH CLOSED Exceptions not required Daperdl - disperse to ono mcMy per 10 disperse: 112 40 th 3071/2 34th St. or 309112 34th St - BOTH duck wain 3D mZhs of effective dale St. and 3960 -3980 CLOSED Exception under ZA - no of ordinance adopting agreement. Seashore ; 122 45th St. Four erced�ons under OA may and 4500.4504 dispersal required 4800 Seashore or 4816 Seashore - 4816 remain wain same dock. Seashore; 6110 CLOSING SCHEDULED Oce9mrom and 6111 Ocean Front; 4711 Seashore and either 4800 Seashore Or 4876 8 No new facility established Outside Peninsula Zone veil lisp irsal Dispersal of final y camokured location in process. NO facility w /in 1,000' of Prudmay, to schools, large day care NMUSD elementary facilities school or large day Fare In compiarx;e 10 facility No facility adjacent to Proximity to Parks 36th St. lot lot or Means In compliance 11 PAN tat lot Parolees from CA Dept of Corrections or NBPD performed equivalent proNbded, Parolees and go mmmem referral refer parolee checks 1/26170, government referral In compliance prohibited Other 4129/10. 7/29/10, parolee/probationers - 1 92`30/10 and 10./21/10 per dwelling unit allowed' t2 Disposed of in MedCal waste disposal accordance with law 1 —Ano best c i Comply with NBMC Interior xepectlon - 101hor waste deposal trash enclosure In compliance 4127110 14 _provisions Good faith effort to prevoot smoke alleating neighboring properties; NO complaints received Interior inspection Secondhand smoke direct clients not to lifter no smoke or related 4127110 with lobacco products or lifter observed violate smoking 15 prohlbelors Qfl9lreel parking Comply with N8MC reguiramems for IntenOr ' mapedion Parking dear, no 16 off reel rki 4/27110 complains received Required staffing n9 4 -hour holline for In compliance 17 comb taints Hdline• 949 554.1147 Quiet hours, all Quiet hours residents trends, Sun - No nose complaints Thum: 10 PM - 7 AM: received 18 Fri - Sat: 11 PM - 7 AM Routes submitted to Chem transport twos No transport route City, good faith efforts 19 complaints received to adhere re fired p m During customary limas Deliveries for deliveries in NO OelNery complaints ID residential area Waived 2 clients par bedroom Clime per bedroom unless size of structure warrants more for any Interior inspection 4127/10 2 per bedroom or less No clients in Uric A; staff only 21 segle bedroom Semi annually, by Compliance reports Reporting Frequency December 31 and June submitted 12/14/09 and In compliance II ao 6128110. A1111 c D E I F F-G H 1 SL13TS Zoning Agreement - Annual Compliance - Individual Facilities Corfulkni Category Specific Requiernems inspection Date r or a Code Enlocoareed Noes Facarm address: 5004 Neptune A&B Imenor inspedchn (6 client beds in A. 6 client beds in 7/28110; Ghent bad xs consistent BI Exlena inspection - with es reported No complaints few s public, This facility OPEN as of 1011110 Except 156 beds in Pelfira la Zone Facilities OIIISIde and Lido Island. all facilities located 0 Peninsula Zone located This facility located in 6 in MFR only. Peninsula Zane New facilities opened after effectie Block is area bounded date - ono facility par block. or across by four streets, nor Sole laciily on block alleys. Ordinance Effective Date: 5112109 Dispersal Dale: 11112111 11845th St. a 122 45th St. - BOTH CLOSED Exceptions not required DLV" - disperse 10 one faaMY Par to disperse: 11240th 30712 34th St. pr 309 1;2 341 If St - BOTH block win 30 months of effective dale St. and 3960.3980 CLOSED Sole facility on block - I d and eance atlaplrng ainf rnem. Seashore; 122 45th St. no dspersal raquiretl Four exceptions under DA may and 4500.4504 4800 Seashore m 4616 Seashore - 481 6 remain wain same Mock. Seashore; 6110 CLOSING SCHEDULED Oceanfront and 6111 Ocean Front: 4711 Seashore and e6tw 4800 Seashore a 4816 No new toady estaolene l outside Peninsula Zone until asperse] Dispersal o foal a ConDleted, location in process. No healthy wan 1,000' of Proximity to sUleda large day care NMUSD elementary facilities school a large day care Incompliance 10 facility No facility, adjacent to Proximity to Polite 38th St. Id IN or Manna In compliance Pala lot Pardees from CA Dept. of Comedians or NBPD performed Pardon and glwemmem referrals equivalent prohibited, govemmem referrals pontes checks 1/28I10, In compliance Prohibited. Other 4129110. 7129/10, parolee /proballonem- 1 9/3410"/0/21/10 per dwelling unit allowed 12 Disposed of in Medical waste asposal accordance with law 13 still bet practices Comply with NBMC Exterior Exterior Inspection Other waste deposal trash enclosure Incompliance 14 nevi ' s Goal faith effort to prevent smoke affecting neighboring properties; No complaints received, Exlerior inspection - Secondhand smoke drecl clients not to litter no smoke or related 9/30/10 with tobacco products or litter observed violate smoking 15 prohibsions Comply with NBMC Exteriorinspection - OBsimet pacing requeemenls for 9130710 No canplainfs received 16 offstreet rid Required staffing 24 -lour hotline for In Canpfenca 17 con plaints Hotline • 949 5541147 Quiet hours, all Qlset Dees residents inside: Sun - No nose complaints Thum: 10 PM - 7 AM; received ]a Fri - Sat: 11 PM -7AM Rmaes submitted to No Transport route Costs heretical roulas City, good faith efforts is o adhere featured complaints received During customary times No delivery comcomplaints o Deiverles for der etas in residential was received 2 clients per betlroom Caves per bedroom unless sue of etrucbxe Interior in$ ocllohn 2 chords per bedrooms warrants more IN any 7128/10 or fewer 21 single bedroom Semi annualy; by Compliance reporla Reporimg Frequency December 31 and June submitted 12,14/09 and In compliance 22 30 Willi 4 s c ❑ I E I F I G H AME SLBTS Zoning Agreement - Annual Compliance - Individual Facilities 4 Ciandifim Category Specific Requremerits Inspect ... i, lm?,, Result CQ,npIci,Ms to N13PD i,, r4ol"s Interior inspection Client bed ris Facility address: 5101 River. Unit B 7/211110; consistent with #s No complaints from (6 Client beds) Exterior inspection- reported public s This facility OPEN as of 10/1/10 156 beds ll PernruNa Zone Facilities and Lj and Ledo Island. all ladhtres located Peninsula Zone located m loco TNS facility located in s I n MFR only, Peninsula Zone New facilities opened cilia! effective Block is area boumted date - one lacnny per block, or by four streets, not Sole facility on block 7 across bordering r all s. Ordinance Effective Date: 5112709 Dispersal Date: 11112!11 ,118 45th St. or 122 451h St. - BOTH CLOSED Exceptions not required Dlsperal - disperse to one facility per to disperse: 112 40 th 307 112 34th St. Or 309 1/2 341h St - BOTH block w.4n 30 months of effective St. and 3960.3980 Sole facility n block - CLOSED ty l date of ordiriance adopting Seashore; 122 45th St. n o dispersal required agmemern. Four ercepoms under and 4500-4504 4800 Seashore a 4816 Seashore - 4816 DA may remain whin same block. Seashore; 6110 CLOSING SCHEDULED Oceanfront and 6111 Ocean Front: 4711 Seashore and either 4800 Seashore or 4816 9 new facility established outside INO Peninsula Zone nail dispersal Dispersal of final y location in process. No facility wAn 1,000' of " Proximity to schools. large day care NMUSD slemamary facilities school or large day Incompliance 0 facility No facility adjacent to Proximity to parks 36th St. lot 101 Or In compliance 11 Marine Park t t lot Parolees from CA Dept of Corrections or NBPD performed equivalam prohibited, Perot" Checks government referrals Parolees and government referrals 1 /28!10, 4/29/10, prohibited. Other In compliance 7/29/10, 9/30110 and par pee/probag unit 10/21/10 1 per dwelling unit 12 allowed Disposed of i0 Meatcal waste disposal accordance with law U1 and heal practices Comply with NBMC Exterior inspectionTrash cans not properly locoed or covered; Other waste dsposal trash enclosure 91=10 Now in compliance $LETS advised 9/30110, corrective action taken 16 rovlst 0!510. Good faith effort l0 prevent smoke affecting neighboring No complaints Secondhand smoke properties; direct Exteniorinspecti on. received, rro smoke Or diems not Io lifter with 9/30110 related filter observed tobacco products or violate smoking is OHsheet parking Comply with NBMC Exterior IrspadlOn- requirements for No complains received I6 g/30/t0 offstr t anti Required staffing 24 -hour hodmis for Inc fiance omp 17 complaints Hotline- 949 554 -1147 Quiet hours, all Oust hours residents inside: Sun - No ncise complaints Thos: 10 PM • 7 AM; received 1e Fa - $at: 11 PM - 7 AM Routes submitted to Client transport routes City, good faith efforts No transport noule is 19 9drism, required complaints received During customary times Dahved es for deliveries in v No delivery complaints w residential area eceivetl 2 clients per bedroom Of" per bedroom unless size of structure Interior inspection 2 clients per bedroom warrants more for any 71211110; or less u single bedroom Semi annually-, by Compliance reports Reporting Frequency December 31 and June is 12/14109 and In compliance 71 A B C D E 0 H 2 SILBTS Zoning Agreement - Annual Compliance - Individual Facilities 4 a" Fsaliiy address: 3960- 3980 Seashore (4 client beds in 3960. 6 Esenor inspection - No complaints from 5 client beds in 3980 9I30l10 public Thls facifi OPEN as of 1011110 'TMs Except 156 beds in Peninsula Zone Facililies outside and We Island. all lactlltles WCye t facility located in Peninsula Zone located s FR Peninsula Zone in MFR o New fac0thes opened after selective Block is area bounded date - one facility per block, or by four streets, not Exception under ZA _L across boftWm 0 a ly s. Ordinance Effective Date: 5112/09 Dispersal Date: 11112/11 118 451h St. or 122 451h St. - BOTH CLOSED Exceptions not required Disperal - disperse to ore facility per to disperse: 112 40 M 307 1/2 34th St. or 309 12 34th SI - BOTH Mock whn 30 months of effective St. and 3960 -3880 CLOSED date of ordinance adopting Seashore; 122 45th St. Exception alder ZA - agreement. Fou,oxcepaonsurakr and 4500.4504 no dispersal required 4800 Seashore or 4816 Seashore -4816 DA may remam.(in same block. Seashore; 6110 CLOSING SCHEDULED Oceanfront and 6111 Ocean Front; 4711 Seashore and either 4800 Seashore or 4816 e 140 new reality established outside Peninsula Zone until oismirsal Dispersal of final 9 I location in process. No facility w/In 1,000' of Proximity to schools. large day care NMUSD elementary facilities school m large day In Compliance 10 filrifit, No facility adjacent to Provmity to parks 36th St. lot lot or In compliance li Marna Park l t lot Parolees from CA Dept. of Corrections or NBPD performed equivalent prohibited, Parolees and government referrals parolee checks government referrals 128/10, 429/10, In compliance prohibited. Other 7/29/101 9/30/10 and par0lee/p lobater allin unit 1021/10 1 per dwelling unit 12 allowed Disposed of in Medical waste disposal accordance with law 13 and best ractic Other waste disposal Comply with NBMC trash enclosure Exterior Inspection In compliance 14 0110 Good faith effort to prevent smoke affecting neighboring No complaints Secondhand smoke properties: direct Exterior inspection - received, no smoke or clients not to lifter with 9/30110 related liner observed tobacco products or violate smoking IS Othtreet psrlung Comply with NBMC requirements for Exterior Inspection - No complaints received is offstreel rkin x,10 Required staffing 24 -hour holline for Incompliance 17 cam aims Hotline- 949J 554.1147 Ouiet hours, all Quiet tears residents inside: Sun - No anise complaints Thurs: 10 PM - 7 AM; received 1e Fn - Sal: 11 PM - 7 AM Routes submitted to Client transport mules City, good faith efforts No route transport 19 a re r Complaints received During customary times DNivertes for deliveries in No delivery complaints 20 r idenual area received 2 clients per bedroom Clients per bedroom unless size of structure warrants more for any 21 single bedroom Semi annually; by Compliance reports Reporting Frequency December 31 and June submitted 12/14/09 and Incompliance 21 rIA 6128/10. JA IS C 0 E I F G M 2 weas SLBTS Zoning Agreement - Annual Compliance - Individual Facilities d Facitity address: 4500 - 4504 a InlerrNI inspection 'Client bed as Seashore (10 client beds between 7,28110', Consistent with bs No complaints trom two units) Exterior inspection- reported public 5 This facility OPEN as of 10/1110 E Except be ds in ParvnsWa Zone Fadl4ies outside addict, Island. all faGhlies located Peninsula Zone located Facility located in s in MFR onl . Peninsula Zone New facilities opened after eBeetwo Block is area bounded date am facility per dock. or by four streets, not Sale facility on block borderline Across street all Ordinance Effective Dale : 5112109 Dispersal Dale: 11!12/11 118 45th St. or 122 45th St. - BOTH CLOSED Exceptions nor equal Drsperal - dspersa l0 are fi alrty per to disperse: 112 a01h 307 tit 34th St. or 309 112 34th Sl. - BOTH block wfm 30 morshs of effective St. and 3960.3980 CLOSED date of ordinance adopting Seashore; 122 45th SL Exception under ZA - agreemers. Four exceptions under and 4500.4504 no dispersal required 4800 Seashore or 4816 Seashore - 4816 DA may remain wan same black. Seashore; 6110 CLOSING SCHEDULED Oceanfront and 6111 Although this facility Ocean Frain; 4711 9 h and 122 45th both Seashore and either allowed to slay under Z0. 122 45th has a 4800 Seashore or 4816 closed. No new facility esladishad outside - Peninsula Zone unfit dispersal Dispersal Of final g completed, location in process. No facility wIn 1,000 0l Prownity to schools. large day Cara NMUSD elementary factures school or large day In compliance 10 ai farility No facility adjacent to Pronmity to parks 36th St. tot IM or In compliance 11 Mai Park lot lot Parolees from CA Dept. Of Corrections or NBPD performed Parolees and government referrals government referrals parolee checks 9ovemment referrals 11114129/10, In compliance rohi prohibited. Olney 7/29/10 9/30/10 and parolee /prObelioners- 10/21110 1 per dwelling unit 12 allowed Disposed of in Medical waste disposal accordance with law 1J and best Dracliii:as Comply with NBMC Trash cars rot located an or ="red property . Olney waste disposal (rash enclosure Extenwinspil ion- Not in compliance SLBTS advised 8,90!10. Corrective scion not provisions 8130110 taken by /0/5✓10; SLBTS plans to purchase :n new can title Good faith aeon to prevent smoke affecting mghb0dng Secordriarq she properties; direct Exterior irspectlon- smoke clients nor to lifter with 9!30/10 recervedo or tobacco products or related liner observed violate smoking is, runinnifinins. Offelreet parking Comply with NBMC Eoeriorinspectim- requirements for No complaints recewil :6 8/30710 oestfe nd Required staffing 24- hourhollmisfor In 17 come )earls Hotline• 949 55a -1147 Quiet hours, all Quiet hours residentsinside: Sun - No noise complains Thurs', 10 PM - 7 AM; received le Fri • Sat: 11 PM • 7 AM Routes submitted to Client transport routes Noire City. good faith efforts nsport roue 19 O ad re r uired complaints received Diming customary times Deiwems for deliveries in No delivery complaints za residential area received 2 clients per bedroom Clients per bedroom unless size of structure Interior inspection 2 client beds per warrants more or any 7/28/10 bedroom or less 21 single bedroom Sam, annually; by Compliance reports Repomag Frequency December 31 and June submitted 12/14109 and Incompliance 1221 1 30 6128/10 1 Alltl c D I F G H 2 SLEITS Zoning Agreement - Annual Compliance Individual Facilities - C,itegory Specific Requirements Impe'lu", Gomplamis to e 4 Dar, Result , Code Faaliy address: 4711 antl 4711 t2 Client bed as Seashore, (8 eliard bade at 4711, 2 Interior inspection conslstem with 43 Complaim to CE about c1Ier11 tads M 1711 12 slap 929/10 reported .smoking 101'22/09 6 W7/10. This facility OPEN as of 10/1/10 Eival 158 hall in Peninsula care Facilities outside and Li M Lido Island, e8 facilities bcaletl TMs facility located In Zane hated Pamnin a i in M only. Pemmula Zone in MFR New ladhties opened after effective b Block is area bounded date cm lantity per block, or by four streets, not 7 acres., taodenric street alloys, Ordinance Effective Dale: 5/12109 Dispersal Date: 11112!11 118 45th St. or 122 45th St. - 80TH CLOSED Exceptions not required Disperal - disperse to ore hic"ry par to disperse: 112 40 in 307 172 34th St. or 309 112 34th St - BOTH dock won 30 momfvs of effective St. and 3960.3980 CLOSED Exception under ZA- date of chfnance adopting Seashore; 122 45th SL agreement. Four exceptional ixder no dispersal required 4800 Seashore or 4816 Seashore - 4816 and 504 DA may remain won same dock. Seashore; 6710 CLOSING SCHEDULED hone; Oceanfront and 6111 Ocean From; 4711 Seashore and either a 4800 Seashore or 4816 NO new facility established outside Penmsula Zone until dispersal Dispersal of final sPe 9 carrial.ted location in process. No facility win 1,000`at — -- Proximity, to schools, large day care NMUSD elementary facilities school or large day In compliance a care f ill No facility adjacent to Proximity to parks 36th St. tot lot or In compliance 11 Marine P rk lot lot Parolees tram CA Depl. of Corrections or NBPD performed equivalent prohibited Parolees and goverment referrals parolee checks gO1'a`"mem referrals 1/28110.4/29/10, In compliance prohibited. Other 7291101 9/30 /10 anad parolee /probalionors- 10/21/10 / per dwelling unit 12 allowed MBWCaI waste depose, Disposed of in accordance with law Interior i ion 9/2MO °I Advised preferred method Depositing closed containers in trash advised to 13 _ a dply practices follow referred procedure. Other waste disposal Comply with NBMC trash enclosure interior inspection In compliance t4 rmsions 92911 Good faith effort to prevent smoke affecting neighboring Complaint received Complaint slated concerns about smoking at Secondhand smoke Properties; direct Interior inspection 1022109. No smoke or 4711 Seashore. Reported to and addressed by clients not to liter with 929110 related liner observed SLBTS. No smoke detected from across street tobacco products or at inspection at 9129 /10 Inspection, but SLBTS informed on violate smoking 9/30170 of additional mitigation measures IS advised. Advised action taken SLBTS. Oflstreel arks parking Comply with NBMC ragllraillenls for Interior Inspection Parking clear , no I6 ftstreat arki 929/10 complaints received Required slating 24 -hour hotline for Incompliance 17 c laints Hplline- 949 554.1147 Quiet hours, all Oust hours residents inside: Stn - No noise complaints Thurs: 10 PM - 7 AM; received la Fn - Set: 11 PM - 7 AM Roues submitted to Chem transport roues City, good faith efforts No transport route 19 10 adhere ragwo Complaints received During customary times, Deliveres for deliveries in No delivery complaims 20 residential area received 2 clients Per bedroom Clients per bedroom unless size of structure Interior inspection 2I1er bedroom or lass warrants more for any 9129/10 21 single bedroom Semi annually; by Compliance reports Repomng Frequency December 31 and June submitted 12/14109 and Incompliance zz Simi 0. A18[ C I I I F I C, Facilities MSILEITS Zoning Agreement - Annual Connplian� - hadividuld Inspection Date Res.1t Complaints to a or Notes a Condition Category Specific Requirements Code Entomemem Faahty address: 4800 Seashore. No complains from Exterior inspection - A&B (10 client beds between 2 pudic 9/30/10 5 units Ties facility OPEN as of 10/1110 Except 166 beds In Peninsula Zone Facilities ou 41da This facility located in and Lido Island, all facilibee located Peninsula Zone located Permaula Zone 6 m MFR In MFR only, _ New facilities opened after effective Block is area bounded dale - ore faclty per block. or by lour stakes, net 7 across bandanna straid s. Ordinance Effective Date: 5/12109 Dispersal Date: 116 45th St. or 122 45th St. - BOTH CLOSED 11!12/11 Exception. not required 307 112 34th St. or 309 1/2 34th St - BOTH Disperal - 6spene to one facility per to diaper 11240th CLOSED dock win 30 months of effective St. and 3960 -3980 under ZA - date of ordinance adopt" nr Seashore; 122 45th St. no dispersal no tlispersal required 4800 Seashore or 4816 Seashore - 4816 agreement. Four exception. under and 9500.4504 CLOSING SCHEDULED DA may remain wain same block. Seashore; 6110 Oceanfront and 6111 Either 4800 Seashore or 4816 Seashore Ocean From 4711 permitted to remain under ZA. 4816 Seashore and either Seashore is relocating 12110. 4800 Seashore w 4816 B No new facility established outside Dispersal of final 9 Pannsula Zone until dispersal location in process. No facility w11n 7,000' of Proximtty to schools, large day care NMUSD elementary in comdntnce facilities school or large day p hirdibi __QM No facility adjacem to Proximity to parks 36th St. tot lot or In compliance ]1 Marine Park lot 9t Parolees from CA Dept. of Corrections or NBPD performed equivalent prohibited. parolee checks Parolees and governmem retru als government re ferrals prohibited. Other 1128/70, 4/29/10. In compliance paroles /prabaliounit 7/2WlO,9/30/10and 1 per dwellirg unit 1021110 allowed :z Disposed of in Medical waste disposal accordance with law 13 and beat Comply with NBMC Trash cans rat property located andlor covered; Other waste disposal trash enclosure Exterior inspection Now in compliance SLOTS advised &31100, corrective action taken 14 n. 1 9130110 1015110. Good faith effort 'a prevent smoke affecting neighboring No smalke or related Sirconchand smoke properties: direct Exterior in.pecbon- litter observed during diems not to litter with 9130110 inspection tobacco Products or violate smoking 15 Comply with NBMC Exterior inspection - Oftstreet parking requirements l0 9130110 No Complains received' 16 affstreet parking 17 Required staffing 24 -hour hotline for lair" Incompliance Hotline • 949 554 -1147 Quiet hours, all residents inside: Sun - No noise complaints Octet hours Thurs: 10 PM - 7 AM: received 1s Fri - Sat: 11 PM -7AM' Routes submitted to No transport route Client transpot roues City, good faith efforts complains received 19 to adhere required During customary times No delivery complaints Deliveries for deliveries in received 10 residential area _ 2 clients pat bedroom unless size of structure Clients per bedroom warrants more for any 21 single bedroom Sere annually; by Compliance reports Reporting Frequency December 31 and June submitted 12/14109 and In compliance 22 1-181 C I D I E E 1 G 1 H 2 atestal SLBTS Zoning Agreement 4 TA&B Facility socials 4816 Seashore, Imanor:nspectrin (4 client beds in A. 6 clieod 4/27110: Exterior Client bad •9 consistent No complaints from This facility OPEN not 1011110, scheduled to 5 bads in B) inspection 9130/10 with •s reported public CLCSE by 12/30/10 Except 156 Oscan Peninsula Zone and Facilities Ourside This In Lido Island. ah fa<dnies located In MFR Peninsula Zone boated Peninsula a Zoletl Pen »suk Zone 6 in MFR onl . New lacilnies opeeed after affective Block is a," bounded by dele one tadmty I' block or across four streets, np, alleys. Dispersal in process 7 Ibrdann f Ordinance, Effective Oale 5/12109 Dispersal Dalai 1111 ExCepticn5 not acoustic 118 45M St. or 122 45th Sl. - BOTH CLOSED Dlsca 1. cheenei to one laculry, par todisperse. 11240th St. dock vice months eBe oats k one 39603980 307 12 34th St. or 309'12 34N S! -BOTH erdarwlca st30 ooling agreement Four Seashore; 122 45th 51. Dis erssl required CLCSED p q Bseeplions unoer DA reverent win order O e er and 4500.4504 aerrls block Seashore; 6110 4800 Seashore or 41116 Seashore - 4816 CLOSING Oceanfront and 6111 SCHEDULED 12/10 Ocean Front. 471' Seashore and either 4800 Seashore or 4816 a Seashore No new facility established outsltl• Peninsula Zone until oispersal Dis0ersslkfinal bCelgn This facility is final location requiring dispersal; s in Process' closing an 12/30!10. Nof wen of Proximity 10 SMOOIS, large day care USD enter NMUBD elementary facilities school w large day care In Compliance A facility No lacility, tolacent to Protm:ry to parks 36th St tot lot or Marina In compliance Park tot lot Parolees from CA Dept. of Corrections or NSPO pedormaD parolee BPO parole Packets and government referrals equivalent prohibited. 12or10, government referrals In compares prohbted. Other 712 10,913VIDand paralea/probationer5 - 1 10121/10 121 1 per dvrelLng unit allowed O, posed of in Medical vldsle 05posal accordance with law and 13 bast reclious Other waste dneosel Comply with NEW trash Interior Inspection In Compliance 14 enclosure provisions 427110 Gaol faith effort to Prevent smoke affecting neighboring properties; Interior Inspection No conpyintsreceived, Secondhand smoke direct clients nor to liner 4127/10 no wroke or related pryer Nth tobacco products or observed violate smoking ss Comply with NBMC OHStreet peck :n9 requiremparkanroHSlreet interior lMpecben Parkin clear, no 16 Arkin 427/10 COmplanne received Required starting 244hour hotline for In compliancB 17 complaint lio0:ne- 949 554•nd] Quiet hour, all reSitlBMB Quiet noun Inside: Sun - Thug: 10 No noise con'Qlaarta PM • 7 AM; lateved ]B ri- Sat : 1PM -7AM Routes submitted in City, Client transport routes good faith efforts to No transport route 19 adhwer ui conp:amts re med During Customary times Deliveries for dklvenes In No De livery comp1; i 20 residential area received 2 clients per bedroom cl ents per bedroom unless sue of structure Interior inspection 2 per bedroom or lass t skenl in each unit al ins tlan warram4 more for any 4127/10 pec 21 0 Semi Annualy; by Compliance reports Recoiling Frequency DecemCer31 and June submitted 12114/09 end In:brepliance 22 A a C D I F F I G e 2 Milli 4 s Facility address: 6110 W. Ocean Intenor mspedion Gient bad es 1No complaints from Front (6 client beds) 9/30110; Exterior consistent with h public 5 Except 156 beds in PerrrSWa Zone n%dedgflq13Q/1Q reported This facili OPEN as of 10 11 /10 Facilities Outside and Lido island, an facilities located This facility located in Peninsula Zone located s n MFR Peninsula Zone New facilities opened after effective Block is area bounded date - one facility per bMtlr, or by four streets, nol r el Ordinance Effective Dale : 5/12109 Dispersal Dale: 11/12/11 118 45th S!. or 122 45th St. - BOTH CLOSED Exceptions not required Des rat - pe disastrous 10 one facility per to disperse: 112 40 th 307 12 34th St. or 309 1:2 341h St - BOTH block wdn 30 months of effective St. and 3960 -3980 CLOSED date of ordinance adopting Exception under ZA - Same"; 122 45th St. agreement. Four exceptions under no dispersal required and 4500 DA may remain w/in same block. Seashore. 6110 CLOSING SCHEDULED Oceanfront and 6111 Ocean Front; 4711 Seashore and either a 4800 Seashore or 4816 No new facility estadisnad oMStle Peninsula Zone call dispersal Dispersal of final g location in process. No facility wan 1,000 all Proximity to schools, large day care IJMUSD elementary facilities school or large day In compliance 0 —"MAgoijbi NO facility adjacent to Proximity to parks 361h Sl. td Id or In compliance 11 Mai Park Id Parolees from CA Deal. Of Corrections or equivalent prdnbiled, NBPD performed Parolees and govamment referrals govemment referrals parolee checks 1/28110, 4/29/10. In compliance proMpted. Other parolee /probationers - 7129110, 9130!10 and l per dwelling unit 10121110 2 allowed Medical waste disposal Disposed of in Intenorinspection accordance with law In complaints 9/30110 rd b 1 r ices Method re nail roved Other waste disposal Comply with NBMC trash enclosure ldeno7 In compliance t4 /nspedion rovlsions Good faith effort io prevent smoke affecting neighboring Secohcherd smoke pmperties; direct Interior Inspection No complants received, no smoke or diems not to litter with 9/30/10 related Inver observed tobacco products or violate smoking 15 Offarest parking Comply with NBMC Intenor ins requirements for 1'1e0aon Peril dear, iv 16 offstre arkin 9/30110 tdnplaints received 17 Required Math 24 -hour hotline for In compliance cam aims Hollins- (9491564-1147 Quiet hours, all Quiet hours residents inside: Sun- No noise complaints Thurs: 10 PM - 7 AM; rived is Fri - Sat: 11 PM - 7 AM Routes submitted to Client transport rouges City good faith efforts No transport mute 19 t e, required COmpfalmS received During customary times Delwenes for deliveries in No delivery complaints lO residential area received 2 clients per bedroom Clients per bedroom unless size of structwe Imen�ftp�on 2 bedroom or lees warrants more for any per 21 single bedroom Berni annually; by Compliance reports Reporting Frequency December 31 and June submitted 12/14109 and In compliance 22 1 Will c n F q m MEN SLBTS Zoning Agreement - Annual Compliance 1m] Mcltfifl Facilities - 4 S Facility address 6111 Seashore (6 Intenor mspeclron Ceen1 bad 45 No complaints from imbeds) 4/27 /10; Exterior consistent with es public s E1pp1156 beds in Peninsula Zone ion 1 reported This facility OPEN as of 1011/10 Facilities outside end Lido Isiand. all facilities located This Facility located in Peninsula Zone located a in MFR only. PoninsWB Zone New facilities opened after effective Block is area bounded date - on facility per block, or by tour streets, not 7 aunss bordenno street allever. Ordinance Effective Dale: 5112109 Dispersal Date: 11/12/11 Exceptions not required 118 45th St. or 122 45th St. - BOTH CLOSED is �e'al disperse to one facility per to disperse: 11240 th � �, ,.M w in 30 moots of effective St, and 3960 -3980 307 112 341h St. or 309112 341h St - BOTH Exception uMer ZA - :iata ,I ordnance adopting Seashore; 122 45th St. CLOSED i r.emenl. Four exceptions under no dispersal required antl 4500-4504 DA may remain Win carne block. Seashore; 6110 4800 Seashore or 4676 Seashore -4816 Oceanfront and 6111 CLOSING SCHEDULED Ocean Front: 4711 Seashore and either 4800 Seashore or 4816 a _ No new facility established oWStde Peninsula orce until tlisparsal Dispersal of final q l ocalionin Process. No facility wAn 1,000' of Proximity to schools. large day care NMUSD elementary facilities school or large day Incompliance 10 cam facility No facility adjacent to Pranmity to parks 36th St. lot lot or In compliance 11 Marina Park lot lot Parolees from CA Dept. of Corrections or equivalent prohibited NBPO pedonnetl Parolees and govenvnens referrals government referrals Pel'oee is 1x28/10, 4/29/10, In compliance prohibited. Other 7/29/10, 9/30/10 end pamleelprobalionen; 1 per dwelling unit 10/21/10 12 allowed Disposed of m Medical waste disposal accordance with law 13 and ra s Comply with NBMC Other waste disposal trash enclosure Interim on In compliance 14 novi 4/17110 Good faith effort to prevent smoke affecting neighboring No complaints Secondhand smoke properties; direct Interior inspection received, no smoke or clients not to lifter with 4/27110 related litter observed tobacco products or violate smoking 15 Offstreet paring Comply with NBMC requirements for Interior inspection Parking dear, no 1s oftstr t arki 4/27/10 complaints received Required staffing 24 -hour holine Tor Incompliance 17 complaints Hodlne- 949 554.1147 Quiet hours, all Quiet lours residents inside: Sun - No raise complains Thurs: 10 PM - 7 AM; received 1e Fn -Sal: 11 PM . 7 AM Routes submill" to Client transport males City, good }aim efforts s No transport roNe 19 8 ( r ,,ad complaints received During customary times for deliveries in No delivery complaints 20 residenlial area received 2 clients per bedroom Clients per bedroom unless size of structure Interior Inspection 2 per bedroom or less warrants more for any 4127/10 21 single bedroom Semi annually; by Compliance reports pawning Frequency December 31 and June submitted 12114/09 and In compliance 22 Mal C 0 i E F G I H t 4 Facillty, address. 4138 Patrice In inferior inspection hent bed a3 No complaints from client beds) 9130110; Extenor 'WMisYert with as public s i lon9 /10 report This facility OPEN as of 1011/10 156 beds in Peninsula Zone Facilities ouside This facility located IExcept arid Lido Island. all facilities located Peninsula Zone located outside Peninsula Facility outside Peninsula Zone s 1 la MFR In MFH orl . Zone in MFR New facilities opened after effective Block is area bounded This is the only new facifity opened by date - ore fadlity per dock. or by four streets, not Sole facility on block SLBTS sin" effective date of ZA across bordering street alloys. ordinance. Opening in conjunction n 1 7 with final dispersal. Ordinance Effective Date: 5/12/09 Dispersal Date: l 11.12111 118 45th St. or 122 45th St. - BOTH CLOSED Ezceptions not required Disperel - asperse to ore facilrty per to disperse: 11240th 307 112 34th St. or 309 1/2 34th St - BOTH dock win 30 months of effective St. and 3960 -3980 CLOSED date of ordinance adopting Final tlispersai on or Seashore; 122 45th St. agreement. Four exceptions under before 12!30110 and 4500.4504 4600 Seashore or 4816 Seashore - 4816 DA may remain win same block. Seashore: 6110 .CLOSING SCHEDULED Oceanfront and 6111 Ocean From; 4711 Seashore and either a 4800 Seashore or 4816 No new facility esrebhsned outside Peninsula Zone until dispersal Dispersal of final 9 location in process. No facility wAn 1,000' of Proximity 10 SCND01S. large day care NMUSD elementary school or large day In compliance to No facility adjacent to Proximity to parks tot lot or In rnmpliance u na Park tot lot Marna a Parolees from CA Dept. of Corrections or NBPD performed equivalent prohibited, Parolees and goverment referrals government referrals parolee checks 129110, 4/29110, In comptlana prohibited. Other Parolee/probstiorlers - 729110. WW10 and 1 per dwelling unit 10/21HD 12 allowed Medical waste disposal Disposed of in Interior inspection Not using preferred eaordance with law 9.W10 Advised to follow preferred procedure 9/30110. 13 disposal method and best re SLBTS implemented correction. Other waste disposal Comply with NBMC trash enclosure Intenori inspection Incompliance 14 r ions 9/30/10 Good faith effort to prevent smoke affecting neighboring No complaints Secondhand smoke properties; direct Interior inspection received, no smoke or clients not to lifter with 9/30110 related liner observed tobacco products or violate smoking 5 Offstrest parking Comply with NBMC requiranhama for ll Imeriorine on Parking clear, rx1 l4 offstreet rid g/ i complaints received Required staffing 24 -four hotline for In comWanci 12 complairas Hotline- 949 654 -1147 Duel hours, ail Quiet hours residents inside: Sun - No noise complaints Thus: 10 PM - 7 AM; received 2 Fri - Sab 11 PM - 7 AM Routes submitted to Client transport roues City, good faith efforts NOW q ' roue 191 toad r re utrB onlp11mi3 rsi, 11:d During customary times J07rrocarved Deliveries for deliveries in ery complaints zU residential area 2 clients per bedroom Chants per bedroom unless size of structure Imenor inspection 2 bedroom or lase warrants more for arty 9130110 per n single bedroom Semi annually; by Compliance repots Reporting Frequency December 31 and June submitted 12/14/09arld Incompliance i2 912 Page 13 ar 17 A B C D E F SL13TS Zoning Agreenteent - Annual Compliance - Individual Facilities 4 Date g Code Enforcement Facility address- 5101 Rivet Unit A Facility dosed No complaints from public 5 Facilities outside Peninsula Zone wNIe SLBTS operating This facility located in This lactRy CLOSED as of S/1110 Except 156 beds In Paramus Zone and Lxlo Island- all families located located in MFR only. Peninsula Zone I' in UFA Block is area bounded Wow New facilities opened after effecBve date - one laci ay per dock. or across streets, not alleys. Sole facility on block bordering 9lreei 7 Ordinance Effective Date: 5/12/09 Dispersal Date: 11112111 118 45th St. or 122 45th St. - BOTH CLOSED Disperal - diaperse o one facility per Exceptions not repl6rod to dock Win 30 months of effectual, disperse: 112 40 in SL and 3960 Sole facility on block - 307 12 34th St. or 309 12 34th $I - BOTH date of ordinarra adoging 3980 Seashore: 122 45th SL and no dispersal required CLOSED agreement . Four excepdors wider 4500 -4504 Seashore; 6110 DA may remain Win same dock. Oceanfront and 6111 Ocean 4800 Seashore of 4816 Seashore - 4816 From; 4711 Seashore and either CLOSING SCHEDULED 4800 Seashore or 4816 g Seashore No new iacihly, estadrthetl outside Dispersal of final 9 Perini Zone was depemal location in process. Proximity to school$. large day care No facility wFn 1,000' 01 NMUSD elementary school or large day Incompliance ]p faciMas cam fag: sy Proximity to parks No facility adjacent to 36th St, tot In compliance 11 lot or Marina Park lot lo Parolees from CA Dept. of Corrections or equivalent NBPD performed Parolees and govemmenl retinas prodbhed, government referrals parolee checks 12 810, In compliance prohibited. Other 4129110 and 7129110 parolee/probaboners. 1 per 1 Medical waste disposal Disposed of in accordance with n law and giffil griactices Other waste disposal Comply with NBMC bash In complance lOS r mentions Good truth effort to prevent smoke affecting neighboring No complaints Secondhand smoke Propertes: direct clients hot to received, no smoke or [14 litter wnh tobacco products or related liner observed Onstreet parking Comply wtth NBMC requirements No complaints received for offstreel parking captured sterling 244iour hotlirre for coin laims Inc lance Hollins- 949 554.1147 Quiet hours. all residents Inside: No mdse camglakds Cost roars Sun - Thuds: 10 PM - 7 AM: raceived 18 Fri - Sat: 11 PM - 7 AM Robles submitted to City, good No transport route 19 Client transport routes faith efforts to advere mounted conscialrds feberved Deltvenes Owl customary times for No delivery complaints 2D deliveries In residential area received 2 clients per bedroom unless Clients per bedroom size of structure warrants mom 21 Semi annually; by December 31 Compliance reports Reforming Frequency and June 30 submined 12/14!09 and In conplunica 2z Page 13 ar 17 3 C p G N 2 SLBTS Zoning Agreement - Annual Compliance - Individual Facilities 4 Date N13 PD Core Fwdr address'. 100 -102 Via N CE: illegal unit Interior MtlDes. 208 Via Lido SOUtl Chem bed as consistent observed. 7P /10; unit 4(17/10 with OS reported removed, covenant This Notify C LOSED as of 7131/10 entered - modified. beds 11Pennsuloated Facilities putsde and Li Isl and Lido IbIaM all facilities located Peninsula Zone located This facility[matedn fi In, MIFF in MFFI orgy Peninsula Zone New their" opened after effective Block is area bour:ded date one facility per block. or across by four streets, not Sole facility on block Ordnance Effective Date: Sill Dispersal Date: y11 Exceptions not required 116 05M St. or 12145th St. -BOTH CLOSED DNperd- OW— bpie facility per to tlispeme: 112 a0n gook *1130 a effective ive St. and 3960 -3980 307 34th St. or 309 1Y1 341h Bt •BOTH nance, ad aalemment rice BdoPr9 SE Seashore; 12245th St. CLOSED agreemlam. Fop excegbro Under no no tlispamal regWred DA may eman w7n same block. and 4500.4504 Seashore: 6110 4800 Seashore or 4816 Seashore .4816 Ocisamrom and 6111 CLOSING SCHEDULED Ocean From; 4711 Seashore and all a 4600 Seashore o(4816 No new facility established outside PernrSWa Zone urNl dlspemal Dispersal of final q omi,li location in process. No lacilily, wmn 1,000' of Proximity to schodft, . large day ram NMUSD elementary Inclines school or large day In compliance 10 No facility adjacent to Proximity to parks 361h SL ml lot or Manna. In compliance .L1 OrK 191 Paro ees from CA Dept. of Corrections or equivalent prohibited . NBPD pedomnetl Parolees and government referrals govemmera referrals Pam go 1128110, Incompliance prohibited. Other 4128110 and 7129110 parolee /probalionars - 1 per dwelling unit 1] allowed Disposed of in Medical waste disposal accordance with law 3 at plar,fices Other waste disposal Comply with NSMC trashencloewe Interiors on In cocompliance, rx 4 4/271 Good lelth effort to prevent smoke allnfing CE: Smoking complaint, Secondhand smoke neighboring properties: nterior inspection direct not to Inver rwsaxe behavior In compliance at reported 9/8/10: SLBTS 4127110 mac; with lobaccn products inspection agreed to address or violate smoking 9/15/10. l5 OrOhibdions Temporarily housing male clams, SLBTS addressed and later Ir9nsfened clients. Olfstreet pan,ng Comply with N8MC regWEemlmis for r�xction Property owner and Intemorl SLBTS using 3 sg spaces 'P�HOWW-(94�S)5W147 er B SLBTS advised: tfi 24 -hour hotine for 4/27110 garages f avaible for ad(In . nCorn pl RepWmtl slaking 1] com ain OWet noun, all Quiet mum residents inside: Son - No noise complaints Thum, 10 PM - 7 AM: received la Fr - 5a1: 11 PM - 7 AM Routes submitted to Client transport routes City, good faith efforts No transport mute ;9 h r r complaints received During customary times Deliverers for deliveries in No delivery complains zp r received 2 diems per bedroom Clients par bedroom unless size of structure Interior inspection 2Per bedroom Ol 1956 Af warrants ore for any 4/27/1Q ]] single bedroom Semi annually: by Compliance reports Reporting Fregtency December 31 and June submitted 12ry4/O9 and In Compliance 22 lAsl G 2 SILBTS Zoning Agreement - Annual Compliance Individual - Facilities 4 conclitiord Category Specific Requirements Inspectim Date Result Complaints to NBPD or NO" Code Enforcement Fact address: 116 45th SL Facility osed No complants from ry public 6 Ended 158 beds Peninsula Zone TNSfecili CLOSED es of February, 2010. Fnsul its outside all and Udo Island. a l fadl4 es located Thus facility located in peninsula Zone located 6 in FR in MFR only. Peninsul Zone New fatalities opened after effective Block is area bounded date - one tlwlfty par dock, or by four streets. not Facility closed across Ile . Ordinance Effective Date: 5112/09 - Dispersal Date: 11/12/71 Exceptions not required 118 45th St. a 122 45th SI. - BOTH CLOSED Disperal - disperse to one taaety per to disperse: 112 40 th block w rn 30 months of effectWe St. and 3960 -3980 3071/2 34th St. or 309 112 34th St - BOTH date of ordinance adopting Seashore; 12245th St. Facility closed CLOSED agreement. Four exceptions under and 4500.4504 DA may remain wain same block. Seashore; 6110 4800 Seashore or 4816 Seashore - 4816 Oceanfront and 6111 CLOSING SCHEDULED Ocean Front: 4711 Seashore and either a 4800 Seashore or 4816 No new facility established outside Peninsula Zone until dispersal Dispersal of final y comortarl location in process. No facility w!n 1,000' of ' P to schools. large day care NMUSD elementary facilities In compliance school or large day 0 111. f ill No facility adjacent to Proximity to parks 36th St. lot lot or In compliance 11 Manna Park lot lot Parolees from CA Dept. of Corrections or equivalent prohibited, NBPD performed Parolees and government referrals government referrals parolee checks In fiance comp prohibited. Other 1126110, 4129110 and paroiee/probationers- 7/29110 1 per dwelling unit 1 allowed Disposed of in Medical waste disposal accordance with law ns and best practices Comply with NBMC Other waste disposal trash enclosure In compliance 4 Wavisions Good faith effort to prevent smoke affecting neighboring Secondhand yes propedles; drad No complaints received clients not to liner with tobacco product or A.Z. smoking u Comply with NBMC Offsireel parking requirements for No complaints received, 16 offistrest parking Required slats 24 -how honine for Incompliance n7 complaints Motors- 949 554.1147 OWet hours, all Diet hours residents inside: S.- No raise complaints Thum: 10 PM - 7 AM; received 1a N- Sal: 11 PM - 7 AM Roules submitted to Gient iranepon routes City, good faith efforts No transportation route 29 to here uir complaints received During customary times Deliveries ford eliveries in No delivery complaints 20 residential area I received 2 diems per bedroom Clients per bedroom unless size of siructwis warrants more for any 21 single bedroom Semi annually; by Compliance reports Repomng Frequency December 31 and June suborned 12/14/09 and In compliance 22 1 . AIIII C 0 F G 2 9 I Condition Category Specific Recturfarvents Inspection Date lo INDPID or ResiAl N,,1,s No complaints at Ihis Facility address 116 34th St. A&B Facility closed address while operated s RJ RTS This fadli CLOSED as of Feb 2010. Emepl 156 beds Zone Perxties Facilities les outside all l and Lido Island, alt tactltties located Peninsula Zone to Zone located This facility located in 6 R in FR only, M Perinaula Zone New facilities opened after effective Block is area bounded date - one tadgty per block or by four slreels, not Facility dosed KM bordist sum alleys Ordinance Effective Date: 5112/09 Dispersal Date: 11112!11 Exceptions not required 118 45th St. or 122 45th SI. .130TH CLOSED Disperal - disperse to" facility per to disperse: 112 40 th block win 30 months of effective St. and 3960. 3980 307 112 34th 51. or 309 1 /2 34th St - BOTH date of ordinance adopting Seashore; 122 45th St. CLOSED agreement. Four excepliore under and 4500 -4504 DA may remain wain same dock Seashore; 6110 4800 Seashore or 4816 Seashore - 4816 Oceanfront and 6111 CLOSING SCHEDULED Ocean Front; 4711 Seashore and either 4800 Seashore or 4816 a No new tactility established outside Peninsula Zone until depelssal Dispersal of line! 9 ed. location in process. No facility wNn 1.000' of Provmity to schools. large day care NMUSD elementary facilities Incompliance school or large day 0 r facility No facility adjacent to Proximity to parks 36th St. lot lot or In compliance u Marina Park lot lot Parolees from CA Dept of Corrections or equivalent prohibited. NBPD performed Parolees and govemmem referrals goverment referrals Pardee checks In Compliance prohibited. Other 1121/10, 4129110 and parotee/probationers - 729110 1 per dwelling umt 12 allowed Disposed of in Medical waste disposal accordance with law 13 and best pra ices Comply with NBMC Other waste disposal trash enclosure No Complainsreceived 4 provisions Good faith effort to prevent smoke affecting neighboring Secondhand smoke properties; direct No complaints received clients hot to litter with tobacco products or violate smoking 1s Comply with NBMC Offstreet parking requirements for No complaints received 16 ff Ir oar k Required staffing 24fiour hodina for In compliance p 17 com aims Hotline - 19491 554 -1147 C ulet hours, all Quiet hours residenlsmsid9: Sun- No noise tdnplaints Thu r;: 10 PM - 7 AM; received la Fri •Sat: 11 PM .7 AM Routes suftmifted to Client transport mules No transport routes City, good faith efforts 19 complaints received to adhere required During customary times Detwenes No delivery complaints for tlslwerias in 20 received residential area 2 clients per bedroom Clients pen bedroom unless size of structure warrants more for any 21 single bedroom Semi annually: by Compliance reports Reporting Frequency December 31 and June submitted 12/14109 and In compliance 22 30 1 A[ B 0 1 E I F G H 2 SLBTS Zo ning Agreement - Annual Compliance - Individual Facilities •• 4 No complaints from Facility address: 12245th SL. A&B Facility closed public 5 This fell{ CLOSED as of 4130/10 Except 156 beds in Peninsula Zons Fedlides outside and Lido Island. all facilities located Peninsula Zone located This facility located in s in MFR only, Peninsula Zone Now facilities, opened after effective Block is area bounded date- one lacility per block, or by four stmals, not Facility dosed 7 n alle s. Ordinance Effective Date: 5(12J09 Dispersal Date: 118 45th St. or 122 45th St. - BOTH CLOSED 11112111 Exceptions nol required 307 1!2 34th St. or 309 112 34N St -BOTH DispBral - disperse to one facility per to disperse: 112 40 th CLOSED dock wnn 30 mi of e8schim St. and 3960 -3980 date of ordinance adopting Seashore; 122 451h St. Facility closed 4800 Seashore or 4816 Seashore - 4816 agreement. Four exceptions antler and 45004504 CLOSING SCHEDULED DA may remain Win same block. Seashore; 6110 Oceanfront and 6111 This facility her close although not d Ocean Front; 4711 required to close under ZA. Seashore and either 4800 Seashore or 4816 s No new facility established outside Peninsula Zone nail dispersal Dispersal of final y I location in process. No facility wAn 1,000' of Pmnmity to sdwols, large day care NMUSD elementary facilities school or large day Incompliance 10 care facility No facility adjacent to Prodn ly to perks 36th St. lot lot or In complianca 11 Manna Perk W1 lot Parolees from CA Dept. of Corrections or equivalent prohibited. NBPD performed Parolees and government referrals government referrals parolee checks Inc Hance compliance prohibited. Other 1128/10, 4129/10 and parolee/probationers- 7129!10 1 per dwelling unit 11 allowed Disposed of in Medical waste disposal accordance with law 13 and h..f racti Comply with NBMC Other waste disposal trash enclosure In compliance I4 revisions Good faith effort to prevent smoke affecting neighboring Secondhand smoke properties; direct No complaints received dients not to litter with tobacco products or violate smoking 15 Comply with NBMC Oflstmet parking requirements for No complaints received 16 offstram pgrking Required staffing 24 -hour hotline for In compliance 17 coca lambs Hotline - 949 554.1147 Quiet hours, all Quiet hours residents inside, Sun- No raise complaints Thurs: 10 PM - 7 AM; received 1a Fri Sat: 11 PM - 7 AM Routes submitted to .: t transport routes City, good faith efforts No transportation route 19 _ _ to adhere re ired complaints received During customary times eevcnes for deliveries in No delivery complaints zo midenlial area received 2 clients per bedroom .:Hems per bedroom unless size of structure warrants more for arty It single bedroom Semi annually, by Compliance reporls Heponlrg Frequency December 3l and Jule submitted 12/14/09 and Incompliance xi Attachment No. CC 8 Map of SLBTS Facilities — Open and Closed as of October 2010 A TTY �\ \ NEWPORT SHORES L rr- I C '4t4,� 1 r Sober Living By the Sea Facilities �y COAS, NEWPORT PIER J J I it 7 [Jc D/ f$n l \U v LIDO PENINSULA X61\ J ` w l LINDA ISLE LIDO ISLE u Q� BAY ISLAND HARBOR ISLAND J OPEN • CLOSED 1. 505 29th St. 1. 116 34th St. A, and B 2. 112 40th St B only 2. 307 112 34th St. 3. 5004 Neptune Ave, A and B 3. 309 112 34th St. 4. 6110 Ocean Front W. 4. 125 and 125 112 39 St. 5. 4138 Patrice Rd 5. 112 40th St A Only 6. 5101 River Ave, B only 6. 131 43rd St. A and B 7. 3960 — 3980 Seashore Dr 7. 133 45th St. A and B 8. 4500 — 4504 Seashore Dr 8. 118 45th St. A and B 9. 4711 and 4711 112 Seashore Dr 9. 122 45th St. A and B 10. 4800 Seashore Dr A and B 10. 5101 River Ave A Only 11. 4816 Seashore Dr A and B 11. 100 Via Antibes 12. 6111 Seashore Dr 12. 102 Via Antibes 13. 208 Via Lido Soud Name: SLBTS October 2010 �y COAS, NEWPORT PIER J J I it 7 [Jc D/ f$n l \U v LIDO PENINSULA X61\ J ` w l LINDA ISLE LIDO ISLE u Q� BAY ISLAND HARBOR ISLAND Attachment No. CC 9 SLBTS Correspondence Re: Vacant Lot (parking lot site) 115 Janet Brown Associate Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 rm Dear Ms. Brown: C. EDWARD DILKES ATTORNEY AT LAW 2443 PARK OAK DRIVE "" HOLLYWOOD, CALIFORNIA 90068 TELEPHONE (323) 466 -1147 November 2, 2010 Parking Lot at Villa & Lafayette TELECOPIER: (323) 466 -8360 EMAIL: EDILKES @}}E�yyARTHL�yIIINK.NET 1•�l?•�i61VA-0 Dy PLANNING DEPARTMENT NOV 3 2010 CITY OF NEWPORT BEACH Enclosed are all of the materials involved in the communication between Sober Living By the Sea, Inc. ( "SLBTS ") and the owners of the property at the point where Villa Way intersects Lafayette. As you know, this parcel was leased for parking, although its status at the California Regional Water Quality Control Board has never permitted its full use for that purpose. The only items I have witiilield were several letters to and from attorneys for SLBTS. These are obviously privileged. I also redacted most phone numbers and a few lines that were either completely irrelevant to the subject matter or otherwise privileged. If there is any further assistance I can provide, please feel free to contact me. Very trul yours, C. Edward Dilkes CED /ss Cc: Catherine M. Wolcott, Dep. City Attorney (w /out encl.) Pamela Burke, General Counsel, SLBTS (w /out enel.) John Peloquin, Vice President (w /out encl.) Kathy Sylvia, SLBTS SLBTS Parking Lot 10/08/07 Email correspondence from Buzz Person to Ron Ballard asking Mr. Ballard to provide Mr. Harp with the status of the parking lot. 10/10/07 Email from Ballard to Person regarding permit process. Ballard states that he doubts the site remediation will be completed in 6 months. 10/15/07 Email from Dennis O'Neil to Ballard regarding need for SLBTS to complete the parking lot improvements. O'Neil tells Ballard the SLBTS entered into settlement agreement with NB and this agreement is in serious jeopardy if SLBTS cannot start and complete construction. O'Neil states that LL told them over a year ago that LL was seeking approvals for remediation but nothing done. 10/18/07 Email from Brian Burke asking Ballard to respond to calls placed to Ballard by O'Neil. 10/24/07 Email from Ballard to Burke, Person and O'Neil stating they are working on next steps for characterizing soil. States that everything should be completed within 6 months. 8/22/08 Email between John Peloquin and Brian Burke where John states he has called Ballard numerous times, he is in the office but never returns calls. 8/26/08 Ballard calls John Peloquin but does not reach him. 9/23/08 Email from Ballard to Burke regarding new soil standards. States he will be in communication with contractor. 10/15/08 Email from Ballard to Shawn Gallagher inquiring on status of time line for SLBTS parking lot, how long construction will take. 10/16/08 Email from Ballard to John Peloquin stating that they are working on the work plan for submission to Water Board. Stated that they are seeking contractor estimates for the soil work that would need to be done in advance and timeline from our contractor to be in a position to complete by ear end. 10/16/08 Email from Burke to John Peloquin. 111 SLBTS Parkin g Lot Gallagher is SLBTS contractor. Ballard inquiring on timeline for construction once they complete soil removal. 10/16/08 Email from Buda to Ballard with timeline from Shawn Gallagher. 10/17/08 Email from John Peloquin to Ballard seeking status of their submission of the work plan to Water Board and if they pulled permits to remove contaminated soil. 10/28/08 Email from Burke to Ballard inquiring about status. 10/28/08 Email from Ballard to Burke stating that progress is continuing. Work plan is being drafted. Targeting for submission to Water Board next week. States that financing is an issue. 11/11/08 Email from Ballard to Burke stating lease term through Oct. 31, 2010. Ballard indicates that rents appear insufficient to cover soil remediation work. 11/13/08 Email from Burke to Ballard on work plan status. 11/19/08 Email from Ballard to Burke stating work plan in progress and consultant determined additional information necessary. 12/14/08 Email between John Peloquin and Bill Swiney. [Privileged] 12/30/08 Inquiry from Dave Kiff regarding status. 1/7/09 Email from Burke to Ballard asking for update. 1/12/09 Email from Ballard to Burke stating he is working on "getting client approval for status update". 1/13/09 Email from Ballard to Burke stating that the Remedial Action Plan ( "RAP ") is undergoing peer and professional review before submission. 1/14/09 Email from Ballard to Burke asking for specific details on timeline for approvals. 1/26/09 Email from Ballard to Burke stating RAP was in for peer review and released to legal and substantive review. Determined that further data needed to be collected. States this should take 1 -2 weeks. 2/3/09 Letter from Burke to Ballard stating that permit for parking lot expires April 2, we SLBTS Parking Lot 3 and city have been very patient and we need to see progress. 5/6/09 Email from Burke to Ballard regarding status of parking lot. 5/8/09 Email from Burke to Ballard asking about status stating it has been months rather than weeks. Burke states he is puzzled by secrecy and non - disclosure. 6/1/09 Email from Burke to Ballard stating that we have heard that there may be new issues or challenges regarding the RAP. 6/17/09 Email correspondence from Ballard to Burke stating he is out of town but will be working "on clearing weekend for full attention to this matter." 6/17/09 Email from Burke to Ballard stating that we have lost all confidence, that we do not think that they are working on this, we have spent over $50k to improve property, invested 3 years. Demands to know exactly where we are in the process and what needs to get done. 6/24/09 Email from Ballard to Burke saying he will work on a response to Brian's questions. 6/24/09 Email from Burke to Ballard asking him to ick u hone and give him direct update. 7/7/09 Email from Burke to Ballard inquiring about status. 8/28/09 Email from Person to Burke lPrivilegedl 9/1/09 Emails between Kathy Sylvia and Ballard. Ballard responding to call from Kathy Sylvia regarding status of parking lot. Ballard states LL committed to completing this project and is continuing to work on board approval. States that next is submission of RAP. States he believes it can be submitted in September. 9/17/09 Email between Pam B. & John Peloquin Privile ed 9/29/09 Email correspondence to Pam Burke. Privile ed 10/28/09 Letter from Nathaniel Weiner to Ballard 10/29/09 Email from Ballard to Weiner stating faxes get sent to junk folder, he is working on several other major projects. States RAP was submitted in mid - October. Stated that they need approval of RAP to move 3 SLBTS Parking Lot Also Attached 1. Copy of lease, dated 12/14/05, for parking Lot (With Addenda) 2. City Correspondence re permit 3. Permit Fee Receipts n �LU forward. Ballard asks us not to contact Water Board because LL then gets billed by Water Board. 10/29/09 Email from Weiner to Ballard stating that we need to understand timing, that LL has been evading us, LL not acting in a consistent manner with its contractual obligations. States that if LL continues to take lassiez faire approach to lease that we will have to take this as repudiation of LL's contractual obligations under lease and pursue legal remedies. 11/9/09 Email from Weiner to Burke 1Privileeedl 11/9/09 Email from Burke to Weiner. 1Privile2edl 11/10/09 Email/letter from Weiner to Ballard stating that as a result of LL inaction and non - response, we have contacted the Water Board. We request that they provide the information requested by the Water Board 1/8/10 John Peloquin speaks with Dave Kiff and follows up to get application number to see if Kiff can assist in moving things forward. 4/7/10 Correspondence between Kathy Sylvia and Jason Staggs and Weiner. Privile ed Also Attached 1. Copy of lease, dated 12/14/05, for parking Lot (With Addenda) 2. City Correspondence re permit 3. Permit Fee Receipts n �LU 0 Sea t z 2/3/09 Ronald Ballard Ballard Law Office 22996 GI "Toro Road I.,ake forest, CA 92630 Re: 2807 Lafayette Ave.; Proposed Parking Lot Dear Ron, We are pleased to inform you that on January 27 "i, 2009 the Newport Beach City Council unanimously voted to approve the first reading of the Zoning Implementation and Benefit Agreement between the City of Newport Beach and Sober Living by lice Sca, Inc. Additionally, on January 29(" city building inspector Paul Sobek signed off on our final inspection on the negotiated improvements at 2811 -13 Villa Way. Only a final minor inspection is pending at 2809 Villa Wily. Mr. Sobek is also the building inspector assigned for over -site on the parking IoC permit. During his recent inspection, Mr. Sudek warned that on April 2 n he will be forced to close our parking lot permit number X2007- 0324 unless progress is shown. Ile stated that the cost to obtain a new permit may be considerable. We feel that we have been ready at all times to meet our obligation in regards to this project and .feel that it would be the owners obligation to bare the cost of new permits, Ron, with all due respect, I requested that you provide us with timelines its requested of us by the city. The city has demonstrated patience throughout this ordeal and even offered assistance to you and your clients. You rcferenecd ill prior correspondences that the Remedial Action Plan will be submitted in weeks rather than months. Hopefully this is true and will allow its to show progress on the site prior to our permit deadline on April 2nd. Respectfully, Brian Burke CC: Mark McCulloch r' ^If1.1.11 @• 5�� s ty�+k�� ��a•s�it�1 fad Wendy Jones, Cupertino, CA gym: Pam Burke, Cupertino, CA -. nt: Wednesday, October 20, 2010 9:29 PM To: Pam Burke, Cupertino, CA Subject: FW: Parking lot, Water Board, Case manager contact info. From: Brian Burke, Newport Beach, CA Sent: Monday, January 11, 2010 7:58 AM To: Kathy Sylvia, Newport Beach, CA Subject: Parking lot, Water Board, Case manager contact info. Contact info...... for the case mgr of the parking lot Brian R. Burke Property Management/Business Development Sober living By The Sea, Inc /CRC Health Group, Inc. 2811 Villa Way, Newport Beach, CA 92663 c°om: Kathy Sylvia, Newport Beach, CA ,it: Monday, November 09, 2009 3:16 PM To: Brian Burke, Newport Beach, CA Subject: RE: Lease between SLBTS & Patterson Kahle, LLC - Parking Lot Interesting .... now we'll see From: Brian Burke, Newport Beach, CA Sent: Monday, November 09, 2009 12:13 PM To: Nathaniel Weiner, Cupertino, CA Cc: Jason Staggs, Cupertino, CA; Barbara Sylvester, Cupertino, CA; Kathy Sylvia, Newport Beach, CA Subject: RE: Lease between SLBTS & Patterson Kahle, LLC - Parking Lot Nathaniel, Spoke with Maneck Chichgar, case mgr., Santa Ana Regional Water Quality Control Board, 3737 Main St., # 500 Riverside, CA 92501 (951) 782 -3252; He states the RAP has been submitted & he is working on it as we speak; Says he is just waiting for Mr. Ballard for upload further documentation to their website & then he'll issue the owners an Approval Letter to perform the work, which should take place within the next two weeks; The work will involve excavation of soil, confirmation of additional soil sampling, submission of a final report to the Water Board for approval with a request for a "letter of no further action'; then they'll need to receive final approvallclearance, and the issuance of a Letter of No Further Action to the owners. Maneck states the Board puts no time frame for the owners to complete this work & says that it's all up the owners as to how fast they wish to complete it. It could all be complete within 90 days, he sees no reason for this project to go on for more that 6 months other than delays from the ownership for some reason. .er this ..... we can start & finish the lot Brian R. Burke Property Management/Business Development /a,> Wendy Jones, Cupertino, CA ,m: Pam Burke, Cupertino, CA .nt: Wednesday, October 20, 2010 9:28 PM To: Pain Burke, Cupertino, CA Subject: FW: Lease between SLBTS & Patterson Kahle, LLC - Parking Lot From: Brian Burke, Newport Beach, CA Sent: Tuesday, November 10, 2009 4:05 PM To: Kathy Sylvia, Newport Beach, CA Subject: FW: Lease between SLBTS & Patterson Kahle, LLC - Parking Lot Brian R. Burke Property Management/Business Development Sober Living By The Sea, Inc /CRC Health Group, Inc. 2811 Villa Way, Newport Beach, CA 92663 From: Nathaniel Weiner, Cupertino, CA at: Tuesday, November 10, 2009 3:59 PM i o: Brian Burke, Newport Beach, CA Subject: FW: Lease between SLBTS & Patterson Kahle, LLC - Parking Lot FYI Re: Sober Living By the Sea /Patterson Kahle Lease Mr. Ballard, In furtherance of my email to you dated October 29 (attached for your reference) and your lack of response thereto, as well as non - response to a voicemail I have since left with your office, we have had no choice but to take matters into our own hands, and contact the California Water Board to verify that the information you have provided to us is accurate, and also to ensure that the landlord is pursuing this project as required by the lease agreement. We have learned that a RAP has indeed been submitted, but as of November 9, the Water Control Board is awaiting further information and documents from your office before it can provide your clients with approval to perform the work. We hereby request that you provide the information requested without further delay. We have also learned that the Water Board believes that all of this work can be completed and a "no further action" letter issued inside of approximately 3 months, assuming it is prosecuted with reasonable diligence by your client. Accordingly, we reiterate our request that your client proceed in good faith to complete this work, and that you continue to keep us ^noraised of the progress on this matter. If we do not receive a substantive status update /response to this request by :ember 1, we will again contact the Water Board, to verify the status of this project. Should we determine that, as a result of your or your client's inaction, this project is not being appropriately pursued to a timely completion, please be assured that Sober Living By the Sea will pursue any and all legal remedies available to �a3 ensure that it is made whole from damages to its business that it has sustained, and continues to sustain, in the form of a lawsuit and if necessary reinforce that action by reporting this matter to appropriate regulatory agencies, including if warranted, the State Bar. .cerely yours, Nathaniel Weiner CRC Health Corporation VP and Deputy General Counsel 20400 Stevens Creek Road, Suite 600 Cupertino, CA 95014 From: Nathaniel Weiner, Cupertino, CA Sent: Thursday, October 29, 2009 2:58 PM To: 'Ronald Ballard' Cc: Brian Burke, Newport Beach, CA Subject: RE: Lease between SLBTS & Patterson Kahle, LLC - Parking Lot Thank you for this upgate; we appreciate it, and while I am not aware that any of our personnel have contacted the water board directly, we ace agreeable to refrain from contacting the agency directly from this point forward so long as we are assured that there i$ actual progress being made by the your clients on this project. And, in this regard, we do need some more definite information on the timeline of when this all is going to occur - surely the regional water board has the ability to let you know how long it takes to review a RAP, and surely you have the knowledge and experience in matters like this +^ give an indication as to whether this is something that will take days, weeks or months to resolve, You should be aware that Sober Living has been attempting to reach your clients to discuss this vigilantly, repeatedly and for some months already, and these efforts have been met with stone silence and evasion. This is not consistent with the contractual obligations that your clients have to Sober Living, and we are reaching the limits of our patience to assume your clients are acting in good faith. We would like some understanding of why the RAP was submitted only two weeks ago, and what action steps your clients have planned to see to it that the lease agreement will be fulfilled without further delay. I should point out as well that the completion of this work is something that the City of Newport Beach would like very much to see happen as soon as possible, and that the City has expressed to us its willingness to attempt to facilitate this, given the knowledge and experience it has in dealings with the water board. If this is assistance your clients are willing to accept (and I have a difficult time imagining why they would not), please let me know. With all due deference and respect to your busy schedule, we must insist on some greater action by or on behalf of the landlord in this matter and a better idea of when and how your client anticipates that this project will be completed. We are not seeking to back away from this project at this point in time, but if your client continues to take a lassiez faire approach to the lease agreement and /or avoid engaging with Sober Living on this, we will have little choice but to interpret that as repudiation of landlord's contractual obligations under the lease, and will pursue such legal remedies as are appropriate here - not the least of which will be seeking repayment for the several thousands of dollars Sober Living has invested in this project to date. I look forward to the favor of a timely and thoughtful response to the above, so that we can attempt to avoid a result that would be bad for Sober Living, bad for the City of Newport Beach and bad for your clients. Sincerely yours, Nathaniel Weiner �C Health Corporation and Deputy General Counsel 20400 Stevens Creek Road, Suite 600 Cupertino, CA 95014 IMMOMM I�FI (415) 840 -0020 (fax) rrom: Ronald Ballard ( maiito :ballard.ronald @ballardlaw.comj Sent: Thursday, October 29, 2009 2:28 AM To: Nathaniel Weiner, Cupertino, CA Cc: Brian Burke, Newport Beach, CA Subject: RE: Lease between SLBTS & Patterson Kahle, LLC - Parking Lot Dear Mr. Weiner, i dLhank you for fh'b fo):ow up on your fax. It's incoming TSID code is "1111," which is not a true phone number. Hence, the faz 'seiner directs it to the possible Junk Fax folder where it might not get reviewed for a day or two in periods of high demand. I currently have several major projects that have converged all at one time to an extremely high level of demand, which is making responses on other projects particularly challenging for at least another 4 -5 days. Anyway, movement of soil on the property is subject to approval by the regional water board due to the presence of substances for which the water board believes remediation is required. A proposed Remedial Action Plan was submitted to the board two weeks ago. When agency approval of a RAP is granted, then work can begin on the parking lot, beginning with the remediation. We do not yet have approval of the RAP nor an anticipated schedule from the agency. Naturally, it can be a process of negotiation if they do not accept the plan as proposed. The agency bills the landowner for all work on the file, including inquiries, at a rate averaging $150 /hr. It seems that they bill in 1 hr. increments. Hence, every time a member of the public or other jurisdiction contacts the agency, my client is charged approximately $150. Therefore, we would appreciate that contacts with the agency be kept to a minimum or that reimbursement be provided. Notwithstanding the excessive demand on my time at this juncture, I can assure you that we '' transmit updates of progress on the agency file as they occur. The first update is expected to be the agency's - .,pected time line in handling the file. Sincerely, Ronald M. Ballard Ballard Law Office 22996 El Toro Road Lake Forest, CA 92630.4961 Phone: 949 - 597 -9596 Fax: 949 - 812 -7699 / 597 -1649 r www.ballardlaw.coni fi r CONFIDENTIALITY NOTICE: This e -mail transmission, and ahy documents, files or previous e -mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e -mail at ballard.ronald @ballardlaw.com or by telephone at (888) 752 -6378, and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you Original Message - - - -- vrom: "Nathaniel Weiner, Cupertino, CA" : "'bizcard09 @bal lard law.com "' bent: 10/28/2009 3:14PM Subject: Lease between SLBTS & Patterson Kahle, LLC - Parking Lot Id Mr. Ballard, Attached is a letter that I faxed to your office yesterday, along with a confirmation of receipt. Please confirm that you have ,eived this, and let me know when I can expect to receive a return phone call. Nathaniel Weiner CRC Health Corporation VP and Deputy General Counsel 20400 Stevens Creek Road, Suite 600 Cupertino, CA 95014 This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by HIPAA legislation (45 CFR, Parts 160 & 164). If you are not the intended recipient or the person responsible for delivering this email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender by replying to this email and then delete the email from your computer. ld& x� HEAUM GROUP 204iiJ S +.c:etns C:reec BoLdrvard,_SUite (500 - Cu if), >, r;ali4;•; ni;; 950'-0 • III'u;nae 8l7.537`,137 fax: 403367:00 mww.rrcheolthcorrr VIA FACSIMILE 949. 892 -7699 & CERTIFIED MAIL November 16, 2009 Ballard Law Office 22996 El Toro Road Lake Forest, CA 92630 -4961 Phone: 949- 597 -9696 Fax: 949 -812 -76991 597 -1649 Re: Sober Living By the Sea/Patterson Kahle Lease Mr. Ballard, In furtherance of my email to you dated October 29 (attached for your reference) and your lack of response thereto, as well as non - response to a voicemall I have since left with your office, we have had no choice but to take matters Into our own hands, and contact the California Water Board to verify that the information you have provided to us is accurate, and also to ensure that the landlord is pursuing this project as required by the lease agreement. ,* We haveTearndd that 8, P hastindeed been submitted, but as of November 9, the Water Control Bt>"ard Is awaiting further information and documents from your office before it can provide your clients with approval to perform the work. We hereby request that you provide the information requested without further delay. We have also learned that the Water Board believes that all of this work can be completed and a "no further action" letter issued inside of approximately 3 months, assuming it is prosecuted with reasonable diligence by your client. Accordingly, we reiterate our request that your client proceed in good faith to complete this work, and that you continue to keep us appraised of the progress on this matter. if we do not receive a substantive status updatelresponse to this request by December 1, we will again contact the Water Board, to verify the status of this project. Should we determine that, as a result of your or your client's Inaction, this project is not being appropriately pursued to a timely completion, please be assured that Sober Living By the Sea will pursue any and all legal remedies available to ensure that it is made whole from damages to Its business that it has sustained, and continues to sustain, in the form of a lawsuit and if necessary reinforce that action by reporting this matter to appropriate regulatory agencies, including if warranted, the State Bar. Sincerely yours, Nathaniel Weiner VP and Deputy General Counsel ia1 I_ _ Transmission Report Date/Time 11 -16 -2009 01:50:58 P.M. Transmit Header Text -al ID 1 1111 Local Name I Line 1 el ID 2 Local Name 2 Line 2 This document: Confirmed (reduced sample and details below) Document size : 8.5 "x11" HWALMOYOVP,IM0. 20400 0l� Cmek 9t+d, $Uft 000 Cupwdno, CA OS014 0773720680 I Fm, 400467.OM Fax T° Ronald Ballard Franc Nalhaniol Weiner, Ballard Law Offloo VP& Deputy General Counaal rac 949812T699100-6U -1849 Povw 3"Udingcmrchoet) Pnano: 949 697.9596 Date: 111/8109 ae: Sober Uvtng by the Sea, Ino.IPattemon Kahle Lease uger4 o For nw,o.+ D Prow. CC nnod ❑ Plenm PA7 ❑ MN Rwydv ..a ` +al Pages Scanned : 3 Job Remote Station Sta luut 1093 1 Fax Ot: Abbreviations: HS: Host send PL: Polled local HR: Host receive PR: Polled remote W5: Waltino send MS: Mailbox save Total Pages Conflrmed:3 rt Time I Duratlon Pages Line Mode lot 49:10 p.m. 1 i -16- 2009 00:01:22 - 13/3 1 1 EC HS MP: Mailbox print TU: Terminated by user CP: Completed TS: Terminated by system G3: Group FA: Fall RP: Report EC: Error Correct Results 1 1 Attachment No. CC 10 NBPD Memorandum Re: Parolees and Probationers FNBWPOgr f' > NEWPORT BEACH POLICE DEPARTMENT 870 Santa Barbara, P.O. Box 7000, Newport Beach, CA 92658 -7000 n`PGIfOnN4 MEMORANDUM October 27, 2010 TO: Office of the City Attorney FROM: Lieutenant Dennis Birch SUBJECT: SLBTS Facilities On October 21, 2010, a check of known Parolees and Probationers was conducted against the addresses provided for SLBTS facilities in the City of Newport Beach. The check was conducted by members of the California Department of Corrections and Rehabilitation and the. Orange County Probation Department based on available -" - - " --� - "" " "tn ormation to tYie - "agencies aY "ttiaY time. - " -No know "ri parolees or -pro aborers are iste — - - - - as residents of any of the SLBTS facilities as of October 21, 2010. There are 43 people currently on parole living in the City of Newport Beach. Parole is given to a person that has been convicted of a crime and sentenced to State Prison. Probation is given to subjects that have been convicted of lesser crimes who may or may not have served a term in jail. Typically, as part of a probationers or parolee's status, they are required to report to a probation officer or parole agent. Part of that reporting process is to indicate a residence address. Individual parole agents and probation officers conduct regular checks of subjects under their supervision. These checks Include verification of residency and compliance with the terms of individual conditions of probation or parole. In California, there are subjects on "Non- Revocable Parole" (NRP) and informal probation whose oversight by the respective agencies may be less than mentioned above. On rare occasions, there may be subjects from other jurisdictions (Cities, Counties and States) that may, for various .reasons, serve their probation /parole in Orange County or Newport Beach. These subjects are required to report to the appropriate agency and are subject to the same requirements as those from this jurisdiction. Some subjects on parole or probation will violate the terms of their parole or probation; however they then face various consequences from the respective agencies or courts. These consequences may include further jail or prison terms. Office of the Chief 949- 644 -3701 • Support Services 949- 644 -3654 • Patrol -7Yafc 949. 644 -3742 • Detectives 949 - 644.3790 As a matter of routine, the Newport Beach Department conducts checks and searches of subjects on probation and parole. These checks are conducted as the result of investigations, routine contacts in the course of daily police activities and specific checks related to probation or parole status. One of the Police Department's 2010 Goals is to conduct at least two parolelprobation operations per month. These operations are conducted based on known or potential crime problems in the City of Newport Beach. Though the Orange County Probation Department and California Department of Corrections and Rehabilitation records are reliable, there are occasions and circumstances where these records may not be accurate. Generally, these occasions are the exception and not the rule. The Police Department cannot speak with specificity on the accuracy or reliability of information held by either the Department of Corrections and Rehabilitation of the Probation Department. Lieutenant Dennis Birch Detective Division Newport Beach Police Department City of Newport Beach City Council Meeting of November g, 2010 Sober Living by the Sea, Inc. Annual Review of Zoning Agreement Zoning Agreement - Administrative Protocol mm City Inspection of SLBTS facilities by Code Enforcement staff ■ Opening or relocation of facilities proposed by S L BTS Future annual reviews for determination of good faith compliance Zoning Agreement - Future Annual Reviews - Zoning Agreement requires review at least once eve ryl2 months from effective date Effective date is 91. days following passage of Ordinance —which is May 12, 2009 Zoning Agreement fully executed in Sept. 2009 All future annual reviews to be conducted at 2nd City Council meeting in July Zoning Agreement Regulation - Number of SLBTS Facilities Citywide —A maximum total of zoo client beds Peninsula Zone — Limited to 156 client beds, with no more than 1z client beds on Lido Isle Outside of the Peninsula Zone — 48 client beds allowed in MFR District SLBTS is in compliance with this regulation Code Enforcement Inspections of SLBTS Facilities Location of facilities, number of client beds and bedrooms Compliance with off - street parking requirements Proper storage of trash receptacles and disposal of medical waste Overall cleanliness facility grounds (e.g. appropriate disposal of trash and cigarette butts) SLBTS 24- hour - per -day Hotline Complaints regarding a SLBTS facility may be registered with SLBTS's 24 -hour Hotline at: 949-554-1147 Complaints may also be registered with City's Code Enforcement Division at: 949-644-3215 Zoning Agreement Regulation — Dispersal of Existing Facilities No more than 1 facility per block occupied by SLBTS or other operator, and no facility across a bordering street SLBTS has closed all but 1 facility subject to dispersal Final facility subject to dispersal scheduled to relocate by Dec. 3 otn NEWPORT SHORES OF Sober Living By the Sea Facilities -- OPEN • CLOSED SLBTS Villa Way Office & Meeting Facility Client meetings limited to an average of so meetings per week, with no more than 12 meetings in any 1 week No more than 20 persons in attendance Construct and maintain a 13 -space off -site parking lot 28TH ST 516 "✓ \ � yC 512,- • Y-i ,101917, � C: P • � • � f 101 - _ 14 100 2610 2609 7qT? 10 / Z�e . 8a' ,Lg10� 100, _ "r • zO7g '1H 9T ®`.�. r P7 r S Villa Way Facility — Off -Site Parking Lot Milestones Allow 2 months for SLBTS to work with property owner, resolve environmental cleanup of site, and construct parking lot If no progress, SLBTS to use next 2 -4 months to find alternative locations for off -site parking and enter into off -site parking agreement Recommendation 1 3 Find that SLBTS has demonstrated good faith compliance with the terms of the Zoning Agreement, except the requirement to provide an off -site parking lot Accept staff's proposed milestones for compliance with the required parking lot Receive and file documents submitted by SLBTS demonstrating good faith compliance My name is Nancy Harris. I have lived on Lido Island for almost 40 years. In the spirit of being a good neighbor, a good citizen, and good human being, I make the following comments: In the late 1960's, California led the way in De- Institutionalizing persons in need of care. The philosophy was that living in the community maximizes a person's ability to function better, get well, and to the greatest extent possible, live a normal, productive life. It also saves a great deal of money for the taxpayers. To provide places to live, the Board and Care and Recovery Homes came into being.. It was obvious early on these homes should be licensed and it also became obvious that NIMBY Not in My Backyard -was an all too common reaction. To meet the need, legislation was passed allowing homes for 6 and under to be established in R1 zones. Larger facilities still must meet city zoning regulations. I was at that time, the Executive Director of the Orange County Association for Mental Health, helping to draft the bill and advocating its passage. There were many years when Costa Mesa, Santa Ana and many other cities were bearing the load of these needed homes. They complained that they were providing the service to persons from Newport Beach when Newport had no such homes. I was pleased to hear while watching your last meeting on TV, that, I believe it was the City Attorney who pointed out that we still have many fewer beds than our neighboring cities. At my recent 601 Class Reunion at Stanford, I learned that the future will bring the need for many more such resources due to our aging population living longer and with that the increase in Alzheimer's and other ailments. It well may be that persons in this room tonight will need this kind of resource in their future. I greatly prize living in Newport Beach where I have come my whole life, and on Lido Island where I live now. I understand that our citizens are not immune from having problems and well may need this kind of resource. On October 30, 1982, our son, who had graduated from Harbor High, who had made numerous rescues as a Newport Iifeguard in the summertime, who was a recent graduate of UCSD , who was attending computer school learning an emerging technology, was a passenger in a car hit head -on by a vehicle that crossed the center median driven by a teenage boy eating a taco and drinking beer, killing the driver of the car our son was in and causing such a brain injury to our son as to render him completely disabled. After over three years of hospitalization, he was able to go to live in Board and Care facility for Head Injuries in Escondido, the only kind in the Nation at that time. He was there 15 % years before needing nursing care that required him to move to a nursing facility. Never did I think back in the early'70's that someone I loved would need the kind this kind of care. Grateful we have become to Escondido for all the caring hospitality they have extended to our son and to many others. I do not believe in nor would I advocate for the clustering of Board and Care or Recovery Homes. The whole philosophy of community care is based on creating a more "normal" living environment and not creating a mini - institution. I believe Board and Care and Recovery Homes should be good neighbors. If they are not, they should be asked to comply. If the smoking is a problem, they should go non - smoking or provide a room such as one sees in some airports. I don't like second hand smoke either. I will not take the time to list all the annoyances we have lived with on Lido. They do not out weigh the pleasures of living here. But if you think that people living in Newport Beach or on Lido Island are immune from needing this kind of resource or who never are an annoyance themselves and perhaps even commit a crime, then you have not been paying attention to what goes on around you. I sincerely hope all this recent rhetoric can be replaced by thoughtful consideration of the fact that like it or not we are our Brothers Keepers And that the caring lesson of the Good Samaritan can remind us of the salvation we receive in caring for those in need. bed limit I No more than 204 Citywide. Peninsula no more than 156 Lido Island limit No more than 12 beds on Lido Island Except 156 beds in Peninsula Zone Facilities outside Peninsula Zone located in MFR and Lido Island. all facilities located in only. MFR New facilities opened after effective date - one facility per block, or across bordenna street Disperal - disperse to one facility per block Win 30 months of effective date of ordinance adopting agreement. Four exceptions under DA may remain whn same block No new facility established outside Peninsula Zone until dispersal completed Proximity to schools. large day care facilities Proximity to parks Parolees and government referrals Medical waste disposal Other waste disposal Secondhand smoke Off street parking Required staffing ]wet hours ;lient transport routes nts per bedroom I Villa Way meeting facility iorting Frequency nedies for Violations Block is area bounded by four streets, not alleys Ordinance Effective Date 5/12/09 Dispersal Date: 11112/11 Exceptions not required to disperse 112 40 th St and 3960.3980 Seashore: 122 45th St. and 4500 -4504 Seashore; 6110 Oceanfront and 6111 Ocean Front. 4711 Seashore and either 4800 Seashore or 4816 Seashore No facility w!m 1,000' of NMUSD elementary school or large day care facilit No facility adjacent to 36th St. lot lot or Manna Park tot lot Parolees from CA Dept. of Corrections or equivalent prohibited, government referrals prohibited. Other parolee /probationers - 1 per dwellmo unit allowed Disposed of in accordance with law and best practices Semi - annual compliance reports submitted 12/14/09, 6/28/10: 4 Semi- annual compliance facilities inspected 4/27/10,4 reports show bed counts under facilities inspected 7128/10; 3 limits citywide and in Peninsula facilities inspected 9/29/10; External Zone inspection of all facilities 9130/10 .Lido Island facdnes inspected 4/27/10 In compliance (3 units, 4 beds each) Facility outside Pemsula Zone is located in MFR New facility inspected 9130/10 Sole facility on block In compliance. final required dispersal in progress Dispersal of final location in process I} In compliance In compliance NBPD performed parolee checks 1/28/10. 4129/10. 7/29110, 9/30/10 In compliance and 10/21/10 Requested information at 9129/10 2 facilities advised to adopt interior inspections preferred procedure Inspected at 11 facilities' interior Most facilities In compliance. 4 Comply with NBMC trash enclosure provisions inspections and all 9/30/10 external advised of correction needed inspections Good faith effort to prevent smoke affecting Inspected at 11 facilities' interior neighboring properties, direct clients not to litter inspections and all 9/30/10 external with tobacco products or violate smoking inspections prohibitions Comply with NBMC requirements for olfstrreet Inspected at 11 lacilitles' Intenor parking inspections and all 9/30/10 external inspections Inspections in April. July and September 2010 showed bed counts consistent with counts reported by SLBTS .SLBTS Lido Island facilities closed July 31, 2010 New SLBTS facility opened outside Peninsula Zone at 4138 Patrice - in MFR zone 4138 Patrice only new facility established since effective date. 118 45th St. or 122 45th St. - BOTH CLOSED 307 1/2 34th St. or 309 112 341h St - BOTH CLOSED 4800 Seashore or 4816 Seashore - 4816 CLOSING ON OR BEFORE 12/30/10 4138 Patrice established before final facility at 4816 Seashore completed relocation, but during period That dispersal is in process. NBPD reports indicate no parolees at any SLBTS address 14711 Seashore and 4138 Patrice not using preferred method of disposal. CE advised SLBTS 9130/10 SLBTS returned all facilities to - _preferred method SLBTS advised 9/30/10 of corrections needed at 505 291h 9T ., 5101 B River, 4500 -4504 Seashore. 4800 Seashore. SLBTS corrective action taken by 10/5/10 at most locations SLBTS plans to increase security tc ,prevent can lid theft 2 neighbor complaints & 1 13 complaints to CE - 102 Via Antibes. SLB informed of complaints, situation addressed, no further neighboring business and 4711 Seashore. and Villa Way complaints. Code Ent. advised SLBTS 9/30/10 of suggested further complaint. addressed facility I mitigation measures for 4711 Seashore after inspection Most in compliance. correction Owner of 700 -102 Via Antibes and SLBTS using garages for storage required at Via Antibes facilities purposes: Code Enforcement advised and garages made clear and available for parking. 24 -hour hotline for complaints - In compliance _ .24 -Hour Complaint Hotline -A_"9) 554 -1147 Quiet hours, all residents inside Sun - Thurs: 10 1 PM - 7 AM, No noise complaints received Fri - Sat: 11 PM - 7 AM Routes submitted to City. good faint efforts to No client transport complaints adhere required received During customary times for deliveries in residential area No delivery complaints received) _ 2 clients per bedroom unless size of structure Inspected at 11 facilities' interior _ warrants more for anV single betlroom In - In compliance Comply with terms of 8/25106 letter In compliance with terms of letter except parking Semi annualy: by December 31 and June 30 Compliance reports submitted In compliance _ 12/14109 and _6[28/10. _ Specific performance, general police powers One complaint about van dnver not SLBTS staff informed van driver seen on cell phone. not coming to adhering 10 Vehicle Code - complete stop at stop sign; SLBTS addressed with driver All facilities inspected had 2 per bedroom or fewer client beds. except 505 29th which had 2 rooms large enough for 3 beds each Good faith efforts proceeding to complete parking lot. City assistance reguested to obtain-property owner compliance A q iTY If NEWPORT SHORES `r Nw w Sober Living By the Sea V Facilities • OPEN • CLOSED 1 505 29th St 1. 116 34th St A, and B 2 112 40th St B only 2. 307 1/2 34th St 3 5004 Neptune Ave, A and B 3, 309 1/2 34th St 4 6110 Ocean Front W. 4. 125 and 125 1/2 39 St 5 4138 Patrice Rd 5, 112 40th St A Only 6 5101 River Ave, B only 6. 131 43rd St A and B 7 3960 - 3980 Seashore Dr 7 133 45th St A and B 8 4500 - 4504 Seashore Dr 8 118 45th St A and B 9 4711 and 4711 112 Seashore Dr 9. 122 45th St A and B 10. 4800 Seashore Dr A and B 10 5101 River Ave A Only 11 4816 Seashore Dr A and B 11 100 Via Antibes 12 6111 Seashore Dr 12 102 Via Antibes 13 208 Via Lido Soud Name: SLBTS_October_2010 OF NEWPORT PIER I mw w 9 4 d trLIDO PENINSULA l 7 LIDO ISLE G� LINDA 4W ISLE mm�- BAY ISLAND HARBOR ISLAND