HomeMy WebLinkAbout13 - Sober Living by the SeaCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item # .13
January 27, 2009
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Dave Kiff, Assistant City Manager
949 - 644 -3002 or dkiff @city.newport- beach.ca.us
SUBJECT: Ordinance 2009-: Implementation and Public Benefit
Agreement, City of Newport Beach and Sober Living by the Sea
ISSUE:
Should the City adopt an Ordinance entering into a Zoning Agreement with Sober Living
by the Sea, Inc. relating to SLBTS' sober living and treatment facilities?
RECOMMENDED ACTION:
1. Conduct the Public Hearing; and
2. Introduce Ordinance 2009 -_ relating to a Zoning Implementation and Public Benefit
Agreement ( "Zoning Agreement ") between the City of Newport Beach ( "City") and
Sober Living by the Sea ( "SLBTS ") and pass to Second Reading on Tuesday,
February 10, 2009.
BACKGROUND:
NOTE #f: For detailed background about the City's Group Residential Uses Ordinance
(Ordinance 2008 -05), please see the City's website under "Council Agendas" and read
the staff report dated January 22, 2008 relating to the adoption of the Ordinance. For
additional information about the proposed agreements between Sober Living by the Sea
(SLBTS) and the City, please see the City's website under "Group Homes."
NOTE #2: There are two documents that implement the City's negotiated settlement
with SLBTS — a Settlement Agreement and the Zoning Agreement. The Settlement
Agreement was approved in closed session, as a part of ending litigation. Only the
Zoning Agreement is subject to this public hearing.
To protect the integrity of residentially zoned areas of the city, residential uses like
boarding houses and fraternities /sororities have been prohibited in all residential
districts. Following the adoption of Ordinance 2008 -05 on January 22, 2008, the City
has changed the way it regulates residential uses that do not consist of a single
housekeeping unit, but provide group home living arrangements for the disabled, such
as sober homes and alcohol and drug recovery treatment homes licensed by the State
Zoning Agreement with Sober Living by the Sea
January 27, 2009
Page 2
of California's Department of Alcohol and Drug Programs ( "ADP "). Key aspects of
Ordinance 2008 -05 are as follows:
A. Reasonable Accommodation. The concept of reasonable accommodation is a
process by which a disabled person or a facility operator in need of housing can request
a modification of an existing local law to allow that disabled person to retain housing —
this process is fully described, allowed, and included as a new Chapter 20.98 within the
Newport Beach Municipal Code (NBMC).
B. Integral Facilities & Integral Uses. Ordinance 2008 -05 defines "Integral Facilities"
and "Integral Uses." In addition to defining the terms, the Ordinance states that the City
can consider small (housing six or fewer clients) ADP - licensed treatment and recovery
facilities that operate integrally to be uses subject to a Use Permit and regulated
similarly to small unlicensed facilities or general (7 and over") facilities. We defined
"Integral Facility" and "Integral Uses" as follows:
Integral Facility. Any combination of two or more Residential Care (Small
Licensed, Small Unlicensed, or General) facilities which may or may not be
located on the same or contiguous parcels of land, that are under the control and
management of the same owner, operator, management company, or licensee or
any affiliate of any of them, and are integrated components of one operation shall
be referred to as Integral Facilities and shall be considered one facility for
purposes of applying federal, state, and local laws to its operation. Examples of
such Integral Facilities include, but are not limited to, the provision of housing in
one facility and recovery programming, treatment, meals, or any other service or
services to program participants in another facility or facilities or by assigning
staff or a consultant or consultants to provide services to the same program
participants in more than one licensed or unlicensed facility.
Integral Uses. Any two or more licensed or unlicensed residential care programs
commonly administered by the same owner, operator, management company, or
licensee, or any affiliate of any of them, in a manner in which participants of two
or more care programs participate simultaneously in any care or recovery activity
or activities so commonly administered. Any such Integral Use shall be
considered one use for purposes of applying federal, state, and local laws to its
operation.
In early May, 2008, Judge James Selna of the US District Court blocked the City's
enforcement of the "integral facilities" definition within Ordinance 2008 -05 as it applies
to ADP - licensed "6 and Unders ". Special Counsel Jim Markman of Richards, Watson,
Gershon ( "RWG ") believes that the Judge's stay applies to the City's "integral uses"
concept, too.
C. Siting of New Facilities. Ordinance 2008 -05 allows various group residential .uses
in the following zones as shown in Table 1:
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Table 1
* This provision of the Ordinance was blocked via Judge Selna's actions of May 2008.
The prohibitions of certain group residential uses in the R -1, R -1.5, and R -2 zones apply
to new facilities. Many existing group residential facilities — indeed most if not all of
the unlicensed facilities — became "non- conforming" after February 20, 2008. All non-
conforming group residential uses then became subject to the Ordinance's Use Permit
process and had to apply for a Use Permit by May 22, 2008 to continue to operate.
D. Abatement. The Ordinance directs that any operator within one of the zones shown
in Table 1 where their operation is either prohibited or allowed with a Use Permit but
who did not apply for or obtain a Use Permit or secure Reasonable Accommodation in a
timely manner must cease this use no later than February 22, 2009.
An operator can ask a Hearing Officer for an extension of the abatement period, subject
to certain findings. The Hearing Officer's extension decision can be appealed to the
City Council. All facilities shown in Table 2 that were required to apply for a use permit,
but did not, were issued abatement letters by the City on May 23, 2008, beginning the
abatement process.
E. The Use Permit Process. As noted in Table 1, existing non - conforming uses and
new uses in the Multi - Family Residential ( "MFR') Zone had to apply for a Use Permit to
remain in operation or to start operation. The key provisions of this process follow:
1 — Timing. Any existing operator had to apply for a Use Permit by May 22, 2008.
2 — Application. Applicants have been asked provide information to ensure that
any use is operated in compliance with applicable laws, that the operator has a
history of operating facilities consistent with any applicable laws, and that the
applicant operating under a Use Permit will operate in a manner that minimizes
adverse impact on facility residents, neighbors, the community, or the character of
the neighborhood and that the use conforms with established industry standards for
the well -being of the facility residents.
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Zoning for New Group
Facility Type R -1
Residential
R -1.5
Uses
R -2 MFR
ADP Licensed 6 and Under
ADP Licensed 6 and Under ®
®®
(operating integrally
Unlicensed 6 and Under
.
.
(integral or not)
7 and Over
.
.
(Licensed or Unlicensed)
All Other ®
. . .
. .
®
. . .
®®
. . •
Group Residential Uses
* This provision of the Ordinance was blocked via Judge Selna's actions of May 2008.
The prohibitions of certain group residential uses in the R -1, R -1.5, and R -2 zones apply
to new facilities. Many existing group residential facilities — indeed most if not all of
the unlicensed facilities — became "non- conforming" after February 20, 2008. All non-
conforming group residential uses then became subject to the Ordinance's Use Permit
process and had to apply for a Use Permit by May 22, 2008 to continue to operate.
D. Abatement. The Ordinance directs that any operator within one of the zones shown
in Table 1 where their operation is either prohibited or allowed with a Use Permit but
who did not apply for or obtain a Use Permit or secure Reasonable Accommodation in a
timely manner must cease this use no later than February 22, 2009.
An operator can ask a Hearing Officer for an extension of the abatement period, subject
to certain findings. The Hearing Officer's extension decision can be appealed to the
City Council. All facilities shown in Table 2 that were required to apply for a use permit,
but did not, were issued abatement letters by the City on May 23, 2008, beginning the
abatement process.
E. The Use Permit Process. As noted in Table 1, existing non - conforming uses and
new uses in the Multi - Family Residential ( "MFR') Zone had to apply for a Use Permit to
remain in operation or to start operation. The key provisions of this process follow:
1 — Timing. Any existing operator had to apply for a Use Permit by May 22, 2008.
2 — Application. Applicants have been asked provide information to ensure that
any use is operated in compliance with applicable laws, that the operator has a
history of operating facilities consistent with any applicable laws, and that the
applicant operating under a Use Permit will operate in a manner that minimizes
adverse impact on facility residents, neighbors, the community, or the character of
the neighborhood and that the use conforms with established industry standards for
the well -being of the facility residents.
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3 — Notice and Hearing. Following Council Policy F -26, the City has designated
three hearing officers (Thomas Allen, Charles Vose and Judy Sherman) to approve,
conditionally approve, or disapprove group residential Use Permits at noticed public
hearings. Decisions of the hearing officers may be appealed to the City Council. As
of the date of this Staff Report, the following has occurred:
• The 11 -bed Balboa Horizons facility for women at 1132 West Balboa received
a conditional use permit.
• The 29 -bed Newport Coast Recovery facility for men at 1216 West Balboa
was denied a permit, but an appeal may be pending.
• The 12 -bed Kramer Center facility was set for hearing on Thursday, January
22, 2009.
• Two Ocean Recovery facilities were set for hearing in early February.
4 — Standards. Any Use Permit issued must adhere to these specific standards if
applicable to the use:
• No secondhand smoke can be detectable outside of the property.
• Operations must comply with state law, local law, the submitted management
plan, including any modifications to the plan required in the Use Permit.
• A contact name and number must be provided.
• No one can provide services that require a license if they don't have a license
for those services.
• There shall not be more than two persons per bedroom plus one additional
resident. If an applicant wants to put more than 2 persons in one or more
bedrooms, the applicant must request greater occupancy. The Hearing
Officer may set different occupancy limits based on structure characteristics,
traffic and parking impacts, and the health, safety, and welfare of the persons
residing in the facility and neighborhood.
• Where certification from a responsible entity other than ADP's licensing
program is available to an operator (like the Orange County Sheriffs sober
living facilities certification program or certification offered by the Orange
County Sober Living Network), applicants must get that certification.
• Every individual or entity involved in the facility's operation or ownership shall
be disclosed to the City.
• No owner or manager shall have any demonstrated pattern or practice of
operating similar facilities in violation of law whether in or outside of Newport
Beach.
5 — Findings. In addition to the findings set forth in the provisions governing Use
Permits generally, Ordinance 2008 -05 provides that the Hearing Officer can approve
a Use Permit only if certain findings can be made:
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• The project has adequate parking on -site.
• Traffic and transportation impacts have been mitigated to a level of
insignificance.
• Structures are suitable for the use.
• The use will be compatible with the character of the neighborhood and will not
create an over - concentration of residential care uses nearby. To make or
sustain these findings, the Hearing Officer will consider as appropriate the
following factors:
• How close the proposed use is to schools, parks, other group homes, and
alcoholic beverage outlets (and more); and
• Whether the existence of non - standard lots and other property
characteristics made such a use inappropriate; and
• Whether the Hearing Officer should deem that the American Planning
Association's (APA's) standard of permitting one or two group uses per
block would be appropriate in this case OR whether a greater degree of
separation is appropriate. The Ordinance describes facts in Newport
Beach relating to blocks, which include:
• Blocks in some neighborhoods can be as short as 300'.
• Other blocks in town can be as long as 1,422'.
• The calculable average block length in an area characterized by
standard subdivisions is 711'.
• The calculable median block length in an area characterized by
standard subdivisions is 617'.
If the Hearing Officer applies the APA standard, he or she is directed to do
so in a manner that eliminates the differences in block lengths and guided
by the median block lengths in standard subdivision areas of the city. The
Hearing Officer retains the discretion to apply ANY degree of separation of
uses which he or she deems appropriate.
• That vans, shuttles, or buses for transportation of clients will not generate
more traffic than normally generated by residential activities nearby.
• That the operations do not have goods delivery, service deliveries or
commercial trash collection during hours that would cause an adverse affect
to the peace and quiet of neighboring properties.
6 — Revocation of the Use Permit. The Ordinance provides that that the Hearing
Officer can revoke a UP (similar to other uses subject to a UP) if these findings are
made:
• The permit was issued under erroneous information or misrepresentation; or
• The applicant made a false or misleading statement of material fact, or
omitted a material fact; or
• The conditions of use or other regulations or laws have been violated; or
• There has been a discontinuance of use for 180 days or more.
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Zoning Agreement with Sober Living by the Sea
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LEGAL ISSUES
Since adoption in February 2008, Ordinance 2008 -05 and the City's actions have been
subject to multiple legal actions, including:
• A lawsuit from a residents' group (the "Concerned Citizens of Newport Beach" or
"CCNB ") arguing that the City did not go far enough in enacting Ordinance 2008 -05.
CCNB also sued multiple operators and asked for $250 million in damages from the
City.
• Complaints filed with the US Department of Housing and Urban Development (HUD)
alleging that the City's ordinance and its practices have discriminated against
disabled persons entitled to fair housing — filed separately by Pacific Shores
Recovery and SLBTS.
• Lawsuits from the City against Morningside Recovery and Pacific Shores Recovery,
alleging that some of their operations began illegally during a short-term temporary
moratorium in 2007 against the establishment of new group residential uses. Pacific
Shores Recovery has in turn alleged that the City's group residential uses ordinance
was facially discriminatory against persons in recovery.
• Lawsuits from SLBTS against the City alleging that the City's group residential uses
ordinance was facially discriminatory against persons in recovery (both the SLBTS
and Pacific Shores lawsuits have been assigned to US District Court).
• A "cross - complaint" by the City against SLBTS and other operators that consolidated
certain lawsuits in US District Court.
To resolve the SLBTS and CCNB cases, the City asked each party to participate in a
supervised mediation before a retired judge in June 2008. All three parties agreed to do
so, and all three parties participated in all or part of the mediation. The mediation led to
a term sheet between SLBTS and the City's representatives. The term sheet has been
written into two formal agreements between SLBTS and the City:
A Settlement Agreement settling all legal issues between SLBTS and the City; and
A Zoning Implementation and Public Benefit Agreement ( "Zoning Agreement "),
approved under California's statutes relating to development agreements (California
Government Code § §65864- 65869.5), that explains the duties of both SLBTS and
the City in regards to SLBTS' sober homes and treatment facilities.
The Settlement Agreement is Attachment A to this staff report. It was approved by the
parties in November 2008, and is also available for readers on the City's website under
the "Group Homes" icon. The Settlement Agreement needs the Zoning Agreement as
an attachment. The Settlement Agreement cannot become effective unless the Zoning
Agreement is approved and operable.
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Zoning Agreement wdh Sober Living by the Sea
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Page 7
THE ZONING AGREEMENT
Here are the key provisions of the Zoning Agreement:
I — BED CAPS — CITYWIDE & PENINSULA ZONE
The Zoning Agreement sets an overall citywide bed limitation on SLBTS's
operations, whether treatment homes or sober homes. The bed cap also sets a sub -
limit on beds within the "Peninsula Zone," defined in the Zoning Agreement as West
Newport Beach, the Balboa Peninsula, and Lido Isle. There is an interim cap and a
final cap. These limitations are shown as Table 3 as follows:
Table 3
Location Mid-2001
Peninsula Zone 238
Interim Cap
156
Final Cap
156
Lido Isle
12
12
Rest of PZ
144
144
Rest of Newport Beach
0
48
Citywide 238
156
204
• The Zoning Agreement describes how the bed count would inidaAy go to 156 beds
(the "interim cap "), down from up to 238 beds in mid -2007 (the City's estimate) and
down from 204 beds by May 22, 2008 (facilities with 204 beds were submitted by
SLBTS within the Use Permit process).
• The Zoning Agreement describes how SLBTS can go back up to a final cap of 204
beds, but the additional 48 beds must go in MFR and entirely off of the Peninsula
Zone.
• SLBTS can only exceed the Interim Cap when SLBTS has completed a "one
building per block" dispersion plan as described below.
• The Zoning Agreement sets forth a Final Cap for the Peninsula Zone —156 beds.
• The Zoning Agreement sets forth a Final Cap for Lido Isle within the Peninsula Zone
and within the 156 bed limit —12 beds.
If — BED CAPS INCLUDE STATE LICENSED "6 & UNDERS"
The Zoning Agreement describes how the caps apply to all beds, whether the beds are
in licensed facilities (Large facilities or ADP - licensed "6 and Unders") or unlicensed
SLBTS facilities. NOTE: State law (California Health and Safety Code §11834.23) does
not allow any city to cap or regulate ADP - licensed "6 and Unders" unless an operator
voluntarily agrees to be regulated, as SLBTS has done via the Zoning Agreement.
III — ONE BUILDING PER BLOCK
Under the Zoning Agreement, a duplex is considered to be one building — the Zoning
Agreement also describes how:
SLBTS will move certain of its operations upon expiration of leases so that,
generally, SLBTS' facilities will be dispersed to "one building per block." The Zoning
Agreement defines a block as an area bounded by four streets, not alleys. There is
one exception to this "One Building per Block" standard in the Zoning Agreement:
Zoning Agreement with Sober Living by the Sea
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Page 8
o SLBTS may keep its ADP - licensed treatment facilities at 112 40th Street and
3960 -3980 Seashore — these are on the same block per the definition.
All facilities where SLBTS currently has more than one building per block shall be
relocated to an address where there would be One Building per Block and none
across a bordering street after the move. There are three exceptions to this "None
Across a Bordering Street" standard in the Zoning Agreement:
o 122 45th Street and 4500 -04 Seashore;
o 6110 Oceanfront and 6111 Ocean Front; and
o 4711 Seashore and 4816 Seashore. Note: in previous discussions, SLBTS
proposed keeping its facility at 4800 Seashore. In the meantime, it entered
into a lease with the property owner at 4816 Seashore. In order to increase
the distance between SLBTS' facilities, the City agreed with SLBTS to have
SLBTS close 4800 Seashore and maintain 4816 Seashore.
IV — DISTANCING FROM CERTAIN OTHER USES
Under the Zoning Agreement, SLBTS' facilities:
Must be located more than 1,000' away from public elementary schools and large
State - licensed day care facilities in the Peninsula Zone and which are open as of the
date of the Zoning Agreement.
May not be on streets immediately adjacent to the tot lots at 36t" Street and at
Marina Park.
V — NO PAROLEES
Under the Zoning Agreement, SLBTS may not accept, house, or treat any person who
is a parolee 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.
VI — CONTROLS ON SECOND HAND SMOKE
Under the Zoning Agreement, SLBTS must 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. These efforts may include:
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; and
Addressing the complaints of directly- adjacent neighbors when secondhand smoke
comes from an SLBTS facility.
SLBTS must also direct clients or residents to avoid littering cigarette butts on the
ground, floor, deck, sidewalk, gutter, or street and direct clients not to use tobacco on
beaches, boardwalks, and piers consistent with City prohibitions against smoking in
those areas.
Zoning Agreement with Sober Living by the Sea
January 27, 2009
Page 9
VII — OPERATIONAL IMPROVEMENTS
Under the Zoning Agreement, SLBTS shall:
• Continue operating policies which ensure compliance with City codes on trash
receptacles and enclosures;
• Have off - street parking consistent with City's existing residential standards;
• Implement a series of Route Plans as shown in an exhibit (Exhibit F of the Zoning
Agreement) for transport of clients and staff to and from SLBTS' facilities.
• Limit business deliveries to its residential facilities to weekday common business
hours.
• Maintain Quiet Hours consisting of the following:
• Quiet on Sundays through Thursdays between 10:00 p.m. and 7:00 a.m.; and
• Quiet on Fridays through Saturdays between 11:00 p.m. and 7:00 a.m.
• Dispose of medical waste, if any, in the proper manner in accordance with the
Municipal Code (NBMC §6.04.120).
• Establish and maintain a 24 -hour hotline for residents' inquiries, concerns.
• Participate in a larger Stakeholders Group led by the City to address neighborhood
complaints and concerns.
VIII — VILLA WAY PROPERTY
Within the Zoning Agreement (see Section 6), the City and SLBTS discuss SLBTS'
operations in Cannery Village. The City issued a letter to SLBTS dated August 25,
2006 regarding SLBTS' leased office and meeting facility at 2811 Villa Way. SLBTS
has done almost all it needed to do within that letter, except complete improvements to
a parking lot. The City believes that SLBTS has been attempting in good faith to
complete these improvements, but site constraints and a Regional Board permit have
delayed paving the lot. The Zoning Agreement incorporates the August 26, 2006 letter
and says that, in the event the parking lot is not completed by July 1, 2009, SLBTS
agrees to purchase thirteen master parking passes to better accommodate the 2811
Villa Way parking needs. The City believes that the optimal solution here is to have
SLBTS complete the Villa Way parking lot — on- street parking is an unacceptable option
in the long -term.
IX — OTHER
Under the Zoning Agreement (see Exhibit B, Section C 1 -3), SLBTS is entitled to work
with the City to change aspects of the Zoning Agreement IF the City enters into another
Zoning Agreement that is materially more favorable than this Zoning Agreement in only
three areas:
1. An allowance of a percentage increase greater in bed counts greater than 30%
above the number operated by SLBTS at the time of the Agreement;
2. 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
3. Distancing from public elementary schools and large licensed day care facilities that
is less than for SLBTS under the terms of this Agreement.
The Zoning Agreement also describes the City's intent that the City will adhere to and
recognize how California Health and Safety Code (HSC) §11834.23 directs that the City
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January 27, 2009
Page 10
must 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:
1. HSC §11834.23 is not repealed or otherwise invalidated by an appellate court
decision;
2. HSC §11834.23 is being applied to a single family dwelling unit (including
condominiums) or a duplex;
3. SLBTS does not place non - ambulatory residents in their facilities; and
4. SLBTS does not accept referrals or placements within a SLBTS home for protective
social care and supervision services by any governmental agency.
Finally, the Zoning Agreement describes how SLBTS, if the Agreement is executed, is
not required to go through the Use Permit process for its facilities subject to the Use
Permit requirements.
PUBLIC BENEFITS OF THE ZONING AGREEMENT
The Zoning Agreement itself speaks to the public benefits that will result if it is enacted.
Before summarizing these, it is important to clarify why the City's legal counsel chose to
use a Zoning Agreement to achieve the public benefits. Legal Counsel Jim Markman of
RWG describes the reasoning this way:
While a Zoning Agreement is most often used in situations where substantial
construction or development is involved, it is legally appropriate to use it here. This type
of agreement is an often used mechanism to "vest" land use rights for a period of time,
establish a customized solution for specific land use issues with unique characteristics,
and provide public benefits to the City. It is a negotiated understanding between the
City and an applicant that is supported by a detailed, formal agreement.
An important advantage of this type of agreement is that it provides a means for the City
to achieve greater regulation and benefits than would otherwise be available through
existing regulations. In this case, for example, the City will be able to:
Limit the number of state - licensed licensed six and under facilities operated by
SLBTS now and into the future — this is a major benefit not achievable under the use
permit process or the City's group residential uses ordinance (due to State law's
prohibition on regulating these specific uses).
Voluntarily achieve dispersion on a per block basis and from designated land uses —
more benefits not achievable within the City's group residential uses ordinance
(including the dispersion within the ordinance would have made it subject to claims
of facial discrimination).
Voluntarily achieve bed caps — again, a benefit not achievable within the City's group
residential uses ordinance (including bed caps within the ordinance also would have
made it subject to claims of facial discrimination).
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Zoning Agreement W& Sober Living by the Sea
January 27, 2009
Page t i
The Zoning Agreement, in Section 2, speaks to the following specific public benefits:
1. A reduction of and limitation on the size of the city's largest residential care
operation, including a limitation on ADP - licensed "6 and Under" facilities;
2. Dispersal of treatment facilities and sober homes to reduce an over concentration in
the Peninsula Zone;
3. The placement of operational controls on treatment facilities and sober homes to
reduce what residents perceive as negative impacts in certain neighborhoods.
4. Settlement of a pending lawsuit, including attorneys fees;
5. Preservation of the City's Group Residential Uses ordinance, allowing its
implementation to go forward into the Use Permit Process; and
6. Likely termination of a related federal administrative proceeding with US HUD and
the US Department of Justice.
PUBLIC NOTICE
City staff mailed notice (see Attachment C) of the City Council's hearing to all persons
owning property within 300' of any property subject to the Zoning Agreement. Staff also
posted notice of this hearing at each property location and printed notice of the hearing
in the Daily Pilot. This staff report and the two agreements were placed on the City's
website on or before Friday, January 23, 2009.
CEQA
Consideration and adoption of the Zoning Agreement has been determined to be
categorically exempt under the requirements of the California Environmental Quality Act
(CEQA) under Class 1 (Existing Facilities). This class of projects has been determined not
to have a significant effect on the environment and is exempt from the provisions of
CEQA. This activity is also covered by the general rule that CEQA applies only to projects
that have the potential for causing a significant effect on the environment (Section
15061(b)(3) of the CEQA Guidelines). it can be seen with certainty that there is no
possibility that this activity will have a significant effect on the environment and it is not
subject to CEQA.
PLANNING COMMISSION ACTIONS
This Zoning Agreement was reviewed by the Newport Beach Planning Commission on
November 20, 2008. The Planning Commission recommended approval of the Zoning
Agreement (six votes in the affirmative, one against), but with the below suggestions for
amendments (suggestions shown in regular font, with the suggestion's status italicized):
1. Clarify in Section 24E that the Zoning Agreement does not supersede the Settlement
Agreement. This was incorporated into the final version.
2. In Section 11 A -B, the Planning Commission proposed a simpler way of describing
the duration/term of the Agreement. The City discussed this with SLBTS, and
proposed an alternative that was amenable to Special Counsel and SLBTS.
3. In Exhibit B (Section 8), the Planning Commission asked that SLBTS' client transport
vehicles be clearly marked, to allow the City (and the public) to see that they are
Zoning Agreement with Sober Living by the Sea
January 27, 2009
Page 12
complying with the Route Plans. This change is not included in the final document,
in part to protect the privacy rights of SLBTS patients.
4. In Exhibit B (Section A7), the Planning Commission suggested a change to clarify
that the section only allows the eight homes to violate /be exceptions to the "one
building per block" rule and the "no buildings on opposite sides of the same street"
rule. This was accepted and is included.
5. In Exhibit B, Section C1 (Most Favored Nation), the Planning Commission pointed
out that the version they reviewed miswrote what would happen if the City allowed
another operator a more advantageous position regarding concentration. Therefore,
this was accepted and corrected.
6. "Occupied" versus "provided" beds. In Exhibit B (Section A14), the Planning
Commission asked that the Agreement refer to beds "occupied" instead of beds
provided. This was not acceptable to staff, Special Counsel, and SLBTS, so we did
not accept it in this final version — in part due to the inability to enforce nightly bed -
checks determining which are occupied and which are not
7. The Planning Commission asked that the City be certain that the "Facilities"
definition in the Zoning Agreement's section 1 D includes ALL group residential uses
that SLBTS may choose to operate. Special Counsel reviewed this text, and
believes that the current "Facilities° definition in the Title 20, which is referred to by
the Agreement, does include all types of group residential uses.
8. The Planning Commission asked that SLBTS provide some warranty as to how
many beds SLBTS currently provides. Because the Agreement supersedes any
current count, the current terms within the agreement were deemed appropriate by
Special Counsel.
9. Notification. The Planning Commission asked that, when SLBTS has done all it
needs to with the 156 beds on the Peninsula and is adding the up to 48 beds outside
of the Peninsula Zone, SLBTS should be required to notify the City. We added
language reflecting this suggestion in Exhibit B (A.4.).
PROCESS FROM HERE
This item is the City Council's first formal public review of the proposed Zoning
Agreement, but its contents have been aired previously on multiple occasions. The City
held a Study Session on July 8, 2008, and participated in at least three neighborhood
meetings to discuss the Agreement. At this point, because the Agreement is adopted
by Ordinance, the City must hold a public hearing for public review and comment on the
"First Reading" of the ordinance. If passed to Second Reading, the item will go on the
Council's calendar for Tuesday, February 10, 2009 or a later date to be determined by
the City Council.
la
Zoning Agreement with Sober Living by the Sea
January 27, 2009
Page 13
Prepared and Submitted by:
VA V
Dave Kiff, Assistant City Manager
Attachments: A — Settlement Agreement (without the Zoning Agreement as an attachment
to save paper)
B — Ordinance 2009 -_, including the Zoning Implementation and
Public Benefit Agreement (with the Zoning Agreement's attachments)
C — Public Notice
D — List of SLBTS Properties subject to the Agreements
i3
Zoning Agreement with Sober Living by the Sea
January 27, 2009
Page 14
Attachment A
Settlement Agreement
14
SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement ( "Agreement" hereinafter) dated November
2008 is entered into by and among Sober Living by the Sea, Inc. ( "Sober Living"
hereinafter), F.G., an anonymously named individual, J.W., an anonymously named individual
S.B., an anonymously named individual, and B.H., an anonymously named individual
(hereinafter, Sober Living and said four anonymously named individuals are collectively referred
to as "Claimants ") and the City of Newport Beach, a charter city and municipal corporation, and
Edward D. Selich, Leslie J. Daigle, Michael L. Henn, Steven Rosansky, Don Webb, Nancy
Gardner and Keith D. Curry, in their capacity as members of City's City Council (collectively
referred to as "City" hereinafter). Claimants and City are collectively referred to as "Parties."
This Agreement is entered into in reference to the following Recitals which Parties agree are
accurate to the best of their knowledge or belief.
RECITALS
A. On February 13, 2007, City's Council adopted its Resolution No. 2007 -10,
initiating an amendment to Title 20 of City's Municipal Code to revise land use classifications
and definitions related to group residential uses.
B. On April 24, 2007, City's Council adopted its Ordinance 2007 -8 which imposed a
temporary moratorium on the establishment of most new group residential uses and directed the
City's Planning Department, in cooperation with the City Attorney, to analyze the extent and
effectiveness of regulatory controls affecting group residential uses.
C. The period of the moratorium referred to in Recital B above was extended by
City's Council's Ordinance Nos. 2007 -10 and 2007 -16 and was for the most part superseded by
the provisions of Ordinance No. 2008 -05 discussed below.
D. On January 8, 2008, City's Council conducted a public hearing on a proposed
ordinance modifying City's code provisions regulating group residential uses in the City and,
thereafter, conducted first reading of Ordinance No. 2008 -05.
E. On January 22, 2008, City's Council passed Ordinance No. 2008 -05, which,
among other things, included provisions requiring then current operators of certain residential
care facilities (defined in the Ordinance) in R -1, R -1.5 and R -2 Zones to obtain use permits to
continue those operations at those locations or seek alternate forms of relief provided in the
Ordinance or abate those operations within defined time periods.
F. Sober Living is a California Corporation and an indirect wholiy -owned subsidiary
of CRC Health Group, Inc., a Delaware Corporation.
G. City of Newport Beach is a municipal corporation and Charter City under the laws
of the State of California.
H. At the time of the passage of City's Ordinance No. 2008 -05 Sober Living
operated alcoholism and drug abuse treatment and recovery facilities licensed by the California
Department of Alcohol and Drug Programs ( "ADP ") (the "Licensed Facilities ") and non - treatment
residential facilities not required to be licensed ( "Sober Living Homes "). The ADP - licensed
treatment facilities are hereinafter referred to as Licensed Facilities and the non - licensed non -
treatment facilities are referred to as Sober Living Homes. Sober Living was operating these
'S
Settlement Agreement
Page 2 of 13
Licensed Facilities and Sober Living Homes in residential and Specific Plan zones in that area
of City described as the Peninsula, Lido Isle, West Newport and Newport Shores (the
"Peninsula Zone" as shown on Exhibit A). Sober Living had the capacity to house 238 clients
in that area at one time during 2007. "Facility" or "Facilities" means 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.
1. On February 22, 2008, Claimants filed an action entitled Sober Living By The
Sea, Inc., et al. v. City of Newport Beach, a municipal corporation, et at, United States District
Court, Central District of California, Case No. SACV08 -00200 JVS (RNBx) ( "the Action"
hereinafter), asserting, among other things, that Ordinance No. 2008 -05 discriminated against
Claimants on its face, violated State of California and federal housing laws and monetarily
damaged Sober Living's property interests. City has denied and continues to deny all such
assertions and allegations and has asserted and continues to assert that Ordinance No. 2008-
05 is not discriminatory and does not violate any state or federal law.
J. In the context of the Action, Claimants filed a motion for the issuance of a
preliminary injunction precluding City from applying the provisions of Ordinance 2008 -05 to
Claimants. That motion was granted in part and denied in part,. Claimants have filed a notice
of appeal pertaining to that portion of the Court's ruling denying their motion for a preliminary
injunction.
K. Sober Living has filed with City and there are now pending nineteen (19) use
permit applications seeking to continue operations of some of its Facilities.
L. Sober Living also filed a complaint with the U.S. Department of Housing and
Urban Development, asserting among other things, that Ordinance No. 2008 -05 violates federal
housing laws ( "H.U.D. Complaint" hereinafter). City has responded by denying all such
allegations and providing H.U.D. with materials pertaining to the passage of Ordinance No,
2008 -05. The H.U.D. Complaint has been forwarded to the United States Department of Justice
for further action.
M. The Parties have engaged in a mediation process concerning the circumstances
described hereinabove and, as a result thereof, now desire to resolve all of the issues raised in
the Action and the H.U.D. Complaint and enter into this Agreement, to FINALLY, FULLY,
COMPREHENSIVELY AND CONCLUSIVELY settle the Action and to request of the
Department of Justice that no further action be taken on the H.U.D. Complaint as well as all
underlying and related contentions and allegations, by and through the passage of an ordinance
which would approve a Zoning Implementation and Public Benefit Agreement ( "Zoning
Agreement" hereinafter) substantially identical to that document attached hereto as Exhibit B.
The Parties understand that the approval of the Zoning Agreement is subject to the:
(i) Conduct of public hearings required by law and the open and unbiased application of
City's police powers to its Planning Commission's and its Council's consideration of that
approval; the
(ii) Referendum power of the City's electorate, and a
(ii) Legal challenge by any interested party.
16
Settlement Agreement
Page 3 of 13
N, This Agreement permits Sober Living to operate up to 156 beds for Licensed
Facilities or Sober Living Homes in the Peninsula Zone and, upon dispersion of the 156 beds
per the Zoning Agreement up to an additional 48 beds of such facilities in those areas of the city
outside of the Peninsula Zone and zoned for multi - family residential purposes or any other
zones permitting multiple residential use pursuant to the Zoning Agreement.
O. Sober Living's operations of the aforesaid Licensed Facilities and Sober Living
Homes are to be governed by the Zoning Agreement, when it becomes effective.
NOW, THEREFORE, in consideration of the above Recitals, covenants and agreements
therein, the Parties agree as follows:
SETTLEMENT
DEFINITIONS.
As used herein, the term "Claims" means all claims, charges, liabilities, damages,
obligations, costs, expenses (including without limitation attorneys' fees), rights of action and
causes of action of any kind, legal or equitable, whether known or unknown, anticipated or
unanticipated, past, present or future, contingent or fixed, existing, claimed to exist or which
may hereafter exist under the United States Constitution, the California Constitution, applicable
common law, contract, tort or other federal, state, local, or municipal law or regulation, relating
in any way to the facts and circumstances that give rise to the Action and the H.U.D. Complaint,
whether said facts and circumstances occurred prior to or after the filing of the Action or the
H.U.D. Complaint.
2. REPRESENTATIONS AND WARRANTIES.
A. Each party hereby represents and warrants that:
(i) It has the power and authority to enter this Agreement and the
attached Zoning Agreement.
(ii) None of the Claims released hereunder have been in the past or
will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or
entity.
B. The Claimants hereby agree that they shall indemnify and defend and
hold the City and its elected and appointed officials, boards, commissions, officers, agents,
attorneys, representative, and employees, harmless from any and all liability, loss, expense,
damage, or claims which may arise directly or indirectly from or in connection with any
allegation that the warranties and representations made in this section are false and /or for the
breach of any of the terms and conditions of this section.
C. City hereby agrees that it shall indemnify and defend and hold harmless
Claimants and their officers, agents, attorneys, representatives and employees harmless from
any and all liability, claims, expense, damage, or claims which may arise directly or indirectly
from or in connection with any obligation that the warranties and registrations made by City on
their side are false andlor for the breach of any of the terms and conditions of this section.
11
Settlement Agreement
Page 4 of 13
D. Nothing herein shall be deemed as a waiver or release of the warranties,
representations, rights and obligations as set forth in this section.
3. TERMS OF SETTLEMENT.
A. City Obligations.
(i) Nothing in this Agreement is intended to or shall have the lawful
effect of contracting away the City's zoning authority or any other aspect of the City's police
power. City Staff and the City Council have previously reviewed the terms and conditions of the
Zoning Agreement, and have concluded that pursuant to the State law and the City Municipal
Code, City Staff may lawfully present the Zoning Agreement to the City's Planning Commission
and City Council for approval or disapproval, subject to duly noticed hearings. City Staff has
further preliminarily concluded that no CEQA analysis shall be required to be completed prior to
the City considering approval of the Zoning Agreement.
(ii) The City shall schedule public hearings on the ordinance which, if
adopted, would approve the Zoning Agreement. If the City Council fails to approve the
ordinance within thirty (30) days following conclusion of the public hearings thereon, this
Agreement shall be of no further force or effect on the thirty -first (31") day.
(ii) At City's sole and absolute discretion, City shall timely file a Notice
of Determination, Notice of Exemption, or other appropriate CEQA notice if the ordinance
approving the Zoning Agreement is passed, and shall pay the cost of any environmental
assessment, negative declaration or environmental impact report that is determined to be
required.
B. Claimants' Obligations.
(i) Claimants and each of Claimants' agents shall not oppose the
City's approval of the Zoning Agreement and shall support, both verbally and in writing, if
requested by the City, the City's approval of the Zoning Agreement ( "Support Covenant ").
(ii) Claimants shall not file any lawsuits, administrative appeals
pursuant to the City's Municipal Code, or take any other action whatsoever, in whatever shape
or form, to challenge, appeal, or otherwise seek to influence in any respect, approval of the
Zoning Agreement, with the sole exception of the Support Covenant as set forth in the
immediate preceding Paragraph 3B(i), unless it is necessary to support or defend the validity of
the Zoning Agreement or this Agreement.
(iii) Claimants shall notify HUD and DOJ in writing that the lawsuit has
been stayed pending the processing of a potential settlement.
C. General Obligations of All Parties.
The Parties will use their best efforts and cooperate as necessary in
performing and implementing this Agreement in good faith.
94
Settlement Agreement
Page 5 of 13
4. GENERAL RELEASE.
A. General Release and Discharge of Claims by Claimants. Upon the
Effective Date of this Agreement, Claimants, and each of them, for themselves and all of their
predecessors, successors, assigns, representatives, attorneys, employees, officers, and agents,
do hereby fully and forever release and discharge the City, and all of its predecessors,
successors, assigns, representatives, attorneys, agents, elective and appointive council
members, council boards, commissions, commissioners, officers, employees (hereinafter
collectively all persons and entities will be referred to as "City Released Persons "), of and from
any and all actions, Claims, demands, rights, damages, costs, litigation expenses, attorneys
fees, expert fees, consultant fees, other fees, interest, lost profits and earnings, diminution in the
value of the business, loss of past, current, future and subsequent business and patronage, the
value of the leasehold interest, the loss of goodwill, any inverse condemnation claims, any
claims for the taking of property, any other damages, costs or expenses arising from any and all
actions of the City Released Persons and compensation of any nature whatsoever, which
claimants have or may hereafter accrue, including without limitation, any and all known and
unknown, foreseen and unforeseen claim, damage and injury, relating to, or in any way, directly
or indirectly, involving or arising out of any facts or circumstances related to the Action or the
H.U.D. Complaint.
B. General Release and Discharge of Claims by City. Upon the Effective
Date of this Agreement, City, and each of them, for themselves and all of their predecessors,
successors, assigns, representatives, attorneys, employees, officers, and agents, elective and
appointive council members, council boards, commissions, and commissioners do hereby fully
and forever release and discharge the Claimants, and all of their predecessors, successors,
assigns, representatives, attorneys, agents, officers, directors and employees (hereinafter
collectively all persons and entities will be referred to as 'Released Persons'), of and from any
and all actions, claims, demands, rights, damages, costs, litigation expenses, attorneys fees,
expert fees, consultant fees, other fees, interest, lost profits and earnings, any other damages,
costs of expenses arising from any and all actions of the Released Persons and compensation
of any nature whatsoever, which they have or may hereafter accrue, including without limitation,
any and all known and unknown, foreseen and unforeseen claim, damage and injury, relating to,
or in any way, directly or indirectly, involving or arising out of any facts or circumstances related
to the Action or the H.U.D. Complaint
C. Waiver of Claims. It is the intention of the Parties, in executing this
Agreement and receiving the consideration recited herein, that this Agreement will be effective
as a full and final accord and satisfaction and general release of all Claims, debts, damages,
liabilities, demands, obligations, costs, expenses, disputes, actions or causes of action, that the
Parties may have against each other by reason of any acts, circumstances or transactions
relating in any way to the Action or the H.U.D. Complaint and occurring before the date of this
Agreement. In furtherance of this intention, the Parties hereby acknowledge that they are
familiar with California Civil Code §1542 and that they hereby expressly waive the protection of
that section, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR.
19
Settlement Agreement
Page 6 of 13
The Parties each waive and relinquish any right or benefit that they have or may have
under California Civil Code §1542. That is, the Parties shall not invoke the benefits of California
Civil Code §1542, or any such similar law, to prosecute any Claims released hereunder. In
connection with such waiver and agreement, each of the Parties acknowledge that they are
aware that they or their attorney may hereafter discover Claims or facts or legal theories in
addition to or different from those which they know or believe to exist with respect to the Action
or H.U.D. Complaint, but that it is the intention hereby to fully, finally, and forever settle and
release all of the Claims, known or unknown, suspected or unsuspected, which do now exist,
may exist, or heretofore have existed by reason of any acts, circumstances, facts, events, or
transactions relating in any way to the Action or the H.U.D. Complaint before the date of this
Agreement. It is expressly acknowledged and understood by the Parties to this Agreement that
the Parties separately bargained for the foregoing waiver of the provisions of §1542 of the
California Civil Code. The Parties consent that this release shall be given full force and effect in
accordance with each and all of the express terms and provisions, including those terms and
provisions related to such unknown and unsuspected claims, demands, and causes of action
relating in any way to or arising out of the facts and circumstances underlying or connected with
the Action or the H.U.D. Complaint.
D. Representations and Warranties. Each Party represents and warrants to
the other that, except as otherwise expressly provided in this Agreement, they are not relying on
any representation whatsoever, whether express or implied, including without limitation,
representations of fact or opinion made by or on behalf of the Parties herein.
5. DISMISSAL OF THE ACTION AND WITHDRAWAL OF SUPPORT OF THE
H.U.D. COMPLAINT.
Within five business days after the Effective Date, as defined below, Sober Living
shall take the following actions:
A. Sober Living shall dismiss the Action in its entirety without
prejudice and shall dismiss or abandon without prejudice the appeal taken from the order
partially granting and partially denying Sober Living's motion for a preliminary injunction; and
B. Sober Living shall, affirmatively request that H.U.D. and the United
States Department of Justice take no further action based upon the HUD complaint. Should a
federal process continue thereafter, Sober Living shall participate therein only to the extent
required by law.
In the event that litigation is instituted to challenge this Agreement or the Zoning
Agreement on a date subsequent to the Effective Date and that litigation results in this
Agreement or the Zoning Agreement being finally held to be invalid by the entry of Judgment by
a Court of competent jurisdiction after the exhaustion of all available appeals and petitions,
Sober Living shall be afforded the opportunity within 90 days of the date of entry of that
Judgment to refile the Action, to begin fully participating in the processing of the H.U.D.
Complaint or file a new complaint with H.U.D. and to recommence the processing of use permit
applications without being impeded in any way by the passage of time from the date of City's
Council's approval of this Agreement to the expiration of said 90 day period.
ao
Settlement Agreement
Page 7 of 13
6. EFFECTIVE DATE OF AGREEMENT
This Agreement shall not become effective, and except as set forth in Subsection
C of this Section 6 and Section 7, neither party shall have any rights or obligations hereunder
until the "Effective Date,"
A. Effective Date of this Agreement: This Agreement shall become effective
on:
I. The 91" day after the City Council's passage of the ordinance
approving this Agreement, or
ii. If a referendum or other elective challenge to the ordinance
approving this Agreement qualifies to be placed on the ballot, then on the 31' 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 Agreement prior to the
Effective Date, established in accordance with 6.A i. and ii above, then on the 31'' day after the
litigation is terminated, the time for appeal has expired, and the legal challenge has been
unsuccessful.
B. Terre. The term of this Agreement (the "Term") shall commence on the
Effective Date and shall expire at the conclusion of the 26" year thereafter.
C. Stay of Ordinance 2008-05 Pending Effective Date. Prior to the effective
date of the ordinance adopting this 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.
7. ACTIONS PENDING EFFECTIVENESS OF THIS AGREEMENT
The Parties agree that prior to the Effective Date, the Parties shall jointly seek to
maintain stays of the Action, both in the Appellate and District courts. During this same period
of time: () Claimants shall not take any action to affirmatively cause the HUD Complaint to be
prosecuted; (ii) City shall not enforce any provision of Ordinance No. 2008.05 against
Claimants; (ii) Sober Living shall agree to abide by the terms of Exhibit B to the Zoning
Agreement within 30 days after execution of this Agreement.
8. MISCELLANEOUS PROVISIONS.
A. This Agreement shall be governed and interpreted in accordance with the
laws of the State of California. Each party hereto agrees that the laws of the State of California
shall apply and that any action brought hereunder shall be subject to the laws and statutes of
the State of California except as expressly provided for in the Zoning Agreement. The venue of
any legal challenge to this Agreement or the Zoning Agreement shall be the Superior Court of
California for Orange County or the United States District Court for the Central District of
California —Southern Division.
B Integrated Agreement. This Agreement and the exhibits attached hereto
contain the entire understanding and agreement between the Parties. No other representations,
covenants, undertakings, or other prior or contemporaneous agreements, oral or written,
Settlement Agreement
Page 8 of 13
respecting such matters, which are not specifically incorporated herein, shall be deemed in any
way to exist or bind any of the Parties hereto. The Parties hereto acknowledge that this
Agreement has been executed without reliance upon any such promise, representation, or
warranty not contained herein.
C. Modification. No supplement, modification or amendment of this
Agreement shall be binding unless executed in writing by all of the Parties. No waiverof any of
the provisions of this Agreement shall be deemed to constitute a waiver of any other provision
whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be
binding unless executed in writing by the Parties,
D. Binding on Successors. This Agreement and the covenants and
conditions contained herein shall obligate, bind, extend to and inure to the benefit of the Parties
and each of their respective successors in interest, including, but not limited to, their
administrators, executors, owners, partners, officers, directors, shareholders, legal
representatives, assignees, attorneys, successors, and agents or employees of the Parties
hereto. Prior to assigning any rights or obligations Claimants have with respect to this
Agreement and the Zoning Agreement to a third party, Claimants shall obtain written
confirmation and deliver to City that such assignee shall be bound by the terms of this
Agreement and that such Assignee shall also be entitled to receive the benefits of this
Agreement and the Zoning Agreement.
E. Rearesentation. The Parties affirmatively represent that they have been
represented by counsel of their own choosing. They have read this Agreement and have had
the terms used herein and the consequences thereof explained by their attorneys of choice.
F. Construction. This Agreement shall not be construed against the Party
preparing it, but shall be construed as if all Parties jointly prepared this Agreement. Any
uncertainty and ambiguity shall not be interpreted against any one Party. Language in all parts
of the Agreement shall be in all cases construed as a whole according to its plain meaning.
G. Attorneys' Fees and Costs. All attorneys' fees, expert fees and costs
insured through the date of this Agreement that relate in any way to the Action, the H.U.D.
Complaint or the Zoning Agreement, the negotiation or preparation of this Agreement or any
action called for herein, shall be bome by the respective Parties and each Party agrees to waive
any claim, or claims, against any of the other Parties for the reimbursement of all, or any portion
of said fees or costs. Should suit be brought to enforce or interpret any part of this Agreement,
the prevailing party shall be entitled to recover attorneys' fees and related costs.
H. No Admission of Liability. This Agreement and the releases contained
herein and the consideration referred to herein are done to save litigation expense and to effect
the compromise and settlement of claims and defenses which are denied, disputed, and
contested. Nothing contained herein shall be construed as an admission by any Party of any
liability of any kind to any other Party. The Parties agree that each Party expressly denies that it
is in any way liable or indebted to any other Party and no person interpreting this Agreement
shall be able to infer that any Party has engaged in any conduct giving rise to liability to any
other Party.
I. Gender Neutral. Whenever in this Agreement the context may so require,
the masculine, feminine and neutral genders shall be each deemed to include the other and the
singular and the plural shall refer to one another.
Settlement Agreement
Page 9 of 13
J. Counterparts. This Agreement may be executed in duplicate
Counterparts, each of which shall be deemed an original and all of which shall constitute an
agreement to be effective as of the date of signing. Further, signatures transmitted and
memorialized by facsimile shall be deemed to have the same weight and effect as an original
signature. The Parties may agree that an original signature will be substituted at some later
time for any facsimile signature.
K. Captions and Interpretations. The paragraph titles and captions are
inserted in this Agreement as a matter of convenience. As such, the paragraph titles or
captions are not intended to define or describe the scope of any provision.
L. Invalid Clause May Be Severed. If any provision, clause, or part of the
Agreement is adjudged illegal, invalid or unenforceable, the balance of this Agreement shall
remain in full force and effect.
M. Survival of Warranties and Representatives. The warranties and
representations made in this Agreement are deemed to survive the execution of this Agreement.
N. Conflict. In the event of conflict between this Agreement and the
attaching Zoning Agreement, the latter shall prevail.
O. BY SIGNING THIS AGREEMENT, THE PARTIES CERTIFY THAT THEY
HAVE READ IT, THAT THEY HAVE CONSULTED WITH THEIR LEGAL COUNSEL ABOUT
ITS EFFECT, AND THAT THEY FULLY UNDERSTAND IT.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date first above written and their attorneys have indicated their approval as to form by their
respective signatures in the appropriate spaces below.
[SIGNATURES ON FOLLOWING PAGES]
�3
Settlement Agreement
Page 10 of 13
CLAIMANTS:
SOBER LftNY TH E SEA, INC.
By:
Name
KAVIw 906e- f,6f16F /riNAA141AL OFF /cdX
Title
Dated: Y)11+ cs
BURKE, WILLIAMS AND SORENSEN LLP
ATTORNEYS FOR CLAIMANTS
ON BEHALF OF F.G., J.W., S.B. AND B.H.
By:
Richa d ercian
A
Settlement Agreement
Page 11 of 13
CITY OF NEWPORT BEACH, CITY COUNCIL
By:
Edward D. Selich, Mayor
Dated:
ATTEST:
By:
LaVonne Harkless, City Clerk
Dated:
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH
M
Datec
29
mes L. Markman, Special Counsel
for the City of Newport Beach
Dated:
z
Settlement Agreement
Page 12 of 13
Exhibit A
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.
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Bai�ea les6uid
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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.
0
Settlement Agreement
Page 13 of 13
Exhibit B
Zoning Implementation and Public Benefit Agreement
P
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
DEVELOPMENT AGREEMENT NO. 2008 -005 (ZONING
IMPLEMENTATION AND PUBLIC BENEFIT
AGREEMENT BETWEEN THE CITY OF NEWPORT
BEACH AND SOBER LIVING BY THE SEA, INC.)
WHEREAS, when adopting Ordinance No. 2008 -005 on January 22, 2008,
the City Council of the City of Newport Beach found that the City has a
disproportionately high number of licensed and unlicensed residential group uses
serving the disabled recovering from drug or alcohol use; and
WHEREAS, when adopting Ordinance No. 2008 -005, evidence was
presented of increasing numbers of residential care facilities that do not house
permanent residents and operate in a manner similar to boarding house or
institutional uses rather than as single housekeeping units; and
WHEREAS, when adopting Ordinance No. 2008 -005, evidence was
presented that certain areas of the City, including West Newport and the central
Balboa Peninsula have significantly higher numbers of group residential uses than
other parts of the City and other parts of the state, and that secondary impacts from
group residential uses change the residential character of a neighborhood and are
not beneficial to persons in recovery as they attempt to re- integrate their new sober
lifestyle into typical society; and
WHEREAS, the City has prohibited all other group residential uses that are
not single housekeeping units from establishing in residential zones since 1997;
and
WHEREAS, the City recognizes and agrees that the federal Fair Housing
Act and other state and federal laws provide that individuals recovering from drug
and alcohol addiction are deemed disabled and are entitled to housing
opportunities. As such, Ordinance 2008 -005 provides for applicants representing
the disabled or the disabled themselves to apply for reasonable accommodation
from all or portions of the Ordinance to ensure that housing opportunities for the
disabled, continue to be provided in all residential areas of the Newport Beach
community; and
WHEREAS, the City desires to maintain zoning provisions benefiting
disabled persons by allowing disabled persons to live in residential districts, while
forbidding all other group residential uses in residential districts, but desires to
ensure that the uses are consistent with the residential character of neighborhoods
and do not recreate an institutional environment that would defeat the purpose of
0
community -based care; and
WHEREAS, to achieve these goals the City and Sober Living by the Sea,
Inc., have drafted a Zoning Implementation and Public Benefit Agreement
( "Agreement ") to authorize, define and limit the future operations of Sober Living by
the Sea, Inc., within the City; and
WHEREAS, on November 20, 2008, the Planning Commission held a duly
noticed public hearing in the City Hall Council Chambers, 3300 Newport
Boulevard, Newport Beach, California, at which time the Planning Commission
considered the Agreement. A notice of time, place, and purpose of the meeting
was duly given in accordance with the Municipal Code. Evidence, both written
and oral, was presented to and considered by the Planning Commission at this
meeting, including the evidence and arguments submitted by the City staff and all
interested parties; and
WHEREAS, consideration and adoption of the Agreement has been
determined to be categorically exempt under the requirements of the California
Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). This class of
projects has been determined not to have a significant effect on the environment
and is exempt from the provisions of CEQA. This activity is also covered by the
general rule that CEQA applies only to projects that have the potential for causing a
significant effect on the environment (Section 15061 [b][3] of the CEQA Guidelines).
It can be seen with certainty that there is no possibility that this activity will have a
significant effect on the environment and it is not subject to CEQA; and
WHEREAS, the Planning Commission recommended that the City Council
adopt, with amendments, Development Agreement 2008 -005 (Zoning
Implementation and Public Benefit Agreement between the City of Newport
Beach and Sober Living by the Sea). The amendments recommended by the
Planning Commission included suggestions as to the term of the agreement, van
routes, notification to the City when SLBTS adds a facility, "occupied" versus
"provided" beds, and more. The City Council's ad hoc committee on group
residential uses agreed with some of the Commission's suggestions, and
disagreed with others, giving staff and special counsel direction to discuss the
Commission's suggestions with SLBTS. The Agreement under consideration
today reflects those discussions.
NOW THEREFORE, the City Council of the City of Newport Beach,
California, HEREBY ORDAINS as follows:
SECTION 1: Development Agreement No. 2008 -005 shall be adopted as
provided in Exhibit "A".
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the
passage of this ordinance. The City Clerk shall cause the same to be published
2
a9
once in the official newspaper of the City, and it shall be effective thirty (30) days
after its adoption.
SECTION 3: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the 27th day of January, 2009, and
adopted on the _ day of , 2009, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
ATTEST:
CITY CLERK
1
3
ZONING IMPLEMENTATION
AND PUBLIC BENEFIT AGREEMENT
(Pursuant to Callfomfa Govemment Code § §65864- 65869.5)
This Zoning Implementation and Public Benefit Agreement (the "Zoning Agreement ") is
entered into on 2008, by and between the CITY OF NEWPORT BEACH, a
charter city ( "City") and SOBER LIVING BY THE SEA, INC., a California corporation,
Comprehensive Addiction Programs, Inc., a Delaware Corporation, CRC Health Corporation, a
Delaware Corporation, CRC Health Group, Inc., a Delaware Corporation (collectively referred to
as "Operator'). City and Operator and Operator's Affiliates as herein defined, are sometimes
collectively referred to in the Zoning Agreement as the "Parties" and individually as a "Party."
RECITALS
A. The City Council hereby finds this Zoning Agreement is consistent with
provisions of California Government Code §65867, and the City of Newport Beach Municipal
Code Chapter 15.45 and the City's General Plan.
B. On November 20, 2008, City's Planning Commission held a public hearing on
this Zoning Agreement, made findings and determinations with respect to this Zoning
Agreement, and recommended to the City Council that the City Council approve this Zoning
Agreement.
C. On 2008, the City Council also held a public hearing on this
Zoning Agreement and considered the Planning Commission's recommendations and the
testimony and information submitted by City staff, Operator and members of the public. On
2008, pursuant to the applicable state law (California Government Code
§ §65864 - 65869.5) and local law (City of Newport Beach Municipal Code Chapter 15.45), the
City Council passed its Ordinance No. 2008 -_, finding this Zoning Agreement to be consistent
with the City of Newport Beach General Plan and approving this Zoning Agreement.
D. This Zoning Agreement allows Sober Living a vested right to: (i) operate 156
beds of recovery facilities within the area they are currently operating, and as more particularly
defined in Exhibit D attached (the "Peninsula Zone "); and (it) up to an additional 48 beds
outside of the Peninsula Zone and within zones accommodating multi - family residential uses, in
compliance with the temps of this Zoning Agreement.
E. This Zoning Agreement also memorializes uses granted to and conditions agreed
to by Sober Living on August 25, 2006 regarding its administrative offices at 2811 Villa Way
(Exhibit C attached).
AGREEMENT
NOW, THEREFORE, City and Operator agree as follows:
1. Definitions. The following terms when used in this Zoning Agreement shall have
the meanings set forth below:
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Zoning Agreement
Page 2 of 27
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'/2 , R -2 and multi - family residential ( "MFR ") and certain Speck 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. Sionfiicant 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 Saber Living Homes to reduce the concentration
thereof;
Zoning Agreement
Page 3 of 27
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 (ihe 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 505 29'h Street, commonly known as
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Zoning Agreement
Page 4 of 27
'The Victorian," is a legal nonconforming single family residence and shall be treated as a
Licensed Facility. In the event Ordinance No. 2008 -5 is repealed by action of the City Council
or the electorate or if said Ordinance is declared invalid or unenforceable by a court of
competent jurisdiction, then the Operator will no longer be bound by the provision of Paragraph
6 of Exhibit B as to the limit of one Licensed Facility or Sober Living Home per block in the event
other operators open facilities on the same block.
7. Police Power. In all respects not provided for in this Zoning Agreement, City
shall retain full rights to exercise City's police power to regulate the operation of Residential
Care Facilities on the Property provided such powers are applied consistently with the
provisions of state law and Section C2 of Exhibit B to this Zoning Agreement.
8. No Conflicting Enactments. During the Term of this Zoning Agreement City shall
not apply to the Property any City- adopted ordinance, policy, rule, regulation, or other measure
relating to the operation of Facilities on the Property to the extent it conflicts with this Zoning
Agreement.
9. Reservations of Authority. Notwithstanding any provisions set forth in this Zoning
Agreement to the contrary, the laws, rules, regulations, and official policies set forth in this
Section 9 shall apply to and govern the development and operations of the Property:
A. Procedural Regulations. Then current procedural regulations relating to hearing
bodies, petitions, applications, notices, findings, records, hearings, reports,
recommendations, appeals, and any other matter of procedure shall apply to the
Property, provided that they are adopted and applied City-wide or to all other
properties consistent with the provision of Section C2 of Exhibit B.
B. Consistent City Regulations. City ordinances, resolutions, regulations, and official
policies governing development and building which do not conflict with the Applicable
Regulations, or with the provisions of Section C2 of Exhibit B where Operator has
consented in writing to the regulations, shall apply to the Property.
C. Public Health and Safety. Any City ordinance, regulation, rule, regulation, program,
or official policy, that is necessary to protect persons on the Property or in the
immediate community from conditions dangerous to their health or safety shall apply
to the Property, consistent with Section C2 of Exhibit B.
10. No Agency. Neither Party is acting as the agent of the other in any respect, and
each Party is an independent contracting entity with respect to the terms, covenants, and
conditions contained in this Zoning Agreement. This Zoning Agreement forms no partnership,
joint venture, or other association of any kind. The only relationship between the Parties is that
of a government entity regulating the operation of private property by the owner or lessee of the
property.
11. Effective Date: Term. This Zoning Agreement shall not become effective, and
except as set forth in Subsection C of this Section 11, neither party shall have any rights or
obligations hereunder, until the "Effective Date."
A. Effective Date of This Zoning Agreement : This Zoning Agreement shall become
effective on:
34
Zoning Agreement
Page 5 of 27
I. The 91st day following the City Council's passage of the ordinance approving this
Zoning Agreement, or
ii. If a referendum or other elective challenge to the ordinance approving this
Zoning Agreement qualifies to be placed on the ballot, then on the 31st day after
the City Clerk certifies that the referendum or other elective challenge has failed
to pass, or
iii. If litigation is instituted to challenge this Zoning Agreement prior to the Effective
Date established in accordance with Section 11 A. I. and ii above, then on the
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 tines and during regular business hours.
1
Zoning Agreement
Page 8 or 27
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. Speck 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 spec 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 Parry Legal Challenge ") the parties shall defend the Third Party Legal Challenge jointly,
36
Zoning Agreement
Page 7 of 27
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 identifythe 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 in 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 K 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:
3-7
Zoning Agreement
Page 8 of 27
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.
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Zoning Agreement
Page 9 of 27
F. Construction. This Zoning Agreement has been drafted after extensive
negotiation and revision. Both City and Operator are sophisticated parties who were
represented by independent counsel throughout the negotiations. City and Operator each
agree and acknowledge that the terms of this Zoning Agreement are fair and reasonable, taking
into account their respective purposes, terms, and conditions. This Zoning Agreement shall
therefore be construed as a whole consistent with its fair meaning, and no principle or
presumption of contract construction or interpretation shall be used to construe the whole or any
part of this Zoning Agreement in favor of or against either party.
G. No Third Party Beneficiaries. The only parties to this Zoning Agreement are City
and Operator. This Zoning Agreement does not involve any third party beneficiaries, and it is
not intended and shall not be construed to benefit or be enforceable by any other person or
entity.
H. Applicable Law and Venue. This Zoning Agreement shall be construed and
enforced consistent with the internal laws of the State of California. Any action arising under
this Zoning Agreement or brought by any Party for the purpose of enforcing, construing, or
determining the validity of any provision of this Zoning Agreement shall be filed and tried in the
Superior Court of the County of Orange, State of California, or the United States District Court
for the Central District of California. The Parties waive all provisions of law providing for the
removal or change of venue to any other court.
I. Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect construction or interpretation of this Zoning Agreement.
J. Authority to Execute. The persons executing this Zoning Agreement warrant and
represent that they have the authority to execute this Zoning Agreement on behalf of the entity
for which they are executing this Zoning Agreement. They further warrant and represent that
they have the authority to bind their respective Party to the performance of its obligations under
this Zoning Agreement.
CITY:
CITY OF NEWPORT BEACH
By:
Name
Title:
Title
OPERATOR:
SOBER LIVING BY THE SEA, INC.
By:
Name
Title:
Title
m
Zoning Agreement
• • erl
Title: CITY ATTORNEY
ATTEST:
0
Title: CITY CLERK
ND
Zoning Agreement
Page 10 of 27
Exhibit A
List of SLBTS Facilities
qI
Zoning Agreement
Page 11 of 27
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 Munidpal 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 shaft 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 ordinanoe 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
q�-
Zoning Agreement
Page 12 of 27
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 45004504 Seashore(across a bordering street);
r 6110 Oceanfront and 6111 Ocean Front (across a bordering streetfalley); and
4711 Seashore and 4816 Seashore (across a border ng street and down a block).
8. Sober Living shall not establish any Facility pursuant to Section 4 of this Exhibit B
unless and until Sober Living has fully and timely complied with the relocation requirements set
forth in Section 6 of this Exhibit B.
9. Sober Living shall not establish or operate a Facility on a parcel of property which
has a lot line located within 1,000 feet of any NMUSD elementary school or the large
commercial State - licensed day care facility listed on Exhibit E.
10. Sober Living shall not establish or operate a Facility at any location which is
adjacent to the 36th Street Tot Lot or the Marina Park Tot Lot so long as those tot lots are so
utilized.
B. Operational Regulations.
During the term hereof, Sober Living shall comply with all of the following operational
criteria:
1. Sober Living shall not provide any services to or house any parolee or parolees
from the 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:
j The designation of a smoking area at each site, with a device to mitigate or disperse
secondhand smoke;
.'. An active smoking cessation program made available to all clients;
Addressing the complaints of directly- adjacent neighbors when secondhand smoke
comes from an SLBTS facility.
113
Zoning Agreement
Page 13 of 27
(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
Ny
Zoning Agreement
Page 14 of 27
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.
05
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 wall in the small conference room and
the uses for each area of the property will need to be submitted to and approved in writing
by the Planning Director. After approval of the Plans, Sober Living must use each of the
areas for the designated use and obtain the Planning Director's approval in writing prior to
any change in use.
4. The area designated as the "covered patio," and other outdoor areas,
designated on the Plans may not be used by Sober Living clients except as provided
hereafter. Clients attending meetings scheduled at the Sober Living Facility may
assemble in the covered patio area, or other outdoor areas, 10 minutes prior to a meeting
and 10 minutes after a meeting. Between the hours of 7:00 a.m. and 8:30 a.m., clients
that attend meetings scheduled at the Sober Living Facility, may be transported by van to
any other location provided that they do not assemble in the covered patio area, or other
3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3200 • Fax: (949) 644 -3229 • www.city.newport- beach,ca.us
V
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.
NS
In summary, if Sober Living operated in conformance with the foregoing conditions, it
would be my determination that Sober Living would not be defined as "social club ".
However, please be advised that it is my opinion that any deviation from the foregoing
conditions or any additional assembly at the Sober Living Facility would change the
'category of use:.
Please contact me at your earliest convenience so we can discuss a timeline for Sober
Living to implement the foregoing changes. Simply put, I cannot make a determination
that Sober Living is operating in conformance with the Municipal Code until the above -
referenced changes have been made. Further, as a condition to making my
determination that a use permit is no longer required, Sober Living will need to withdraw
its appeal without prejudice.
appreciate your continuing assistance in this matter.
Very truly yours,
Patricia L. Temple,
Planning Director for the
City of Newport Beach
cc: Aaron C. Harp, Assistant City Attomey
Dennis O'Neil, Esq.
Enclosure: Modified Plans
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Zoning Agreement
Page 16 of 27
Exhibit D
Depiction and Description of "Peninsula Zone'
Depiction of Peninsula Zone:
The lands within the yellow boundary as shown below.
i t
Wost ;Mwport
city N
Mariners
Lido I,"
tai
Nawpott 7!7 - 8s6oa blue
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
Page 17 of 27
Exhibit E
Specific Large DSS- Licensed Day Care Facilities— Peninsula Zone
Facility No: 300600193 Capacity: 0044
CHRIST CHURCH BY THE SEA CHILDREN'S CENTER
1400 WEST BALBOA BOULEVARD
NEWPORT BEACH, CA
5111
Zoning Agreement
Page 98 of 27
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.
53
Zoning Agreement
Page 19 of 27
100 Via Antibes
102 Via Antibes
208 Via Lido Scud
(one triplex)
The primary route of travel between Sober Living by the Sea's administrative offices in
Cannery Village (2811 Villa Way) and these residential dwelling units is Lafayette, Via
Lido, Via Antibes, and Via Lido Scud.
Sq
route of tr
'ge (28, aval betw
'arc/, 341h' Villa W, een Sober Living
Street, ay) and these resi
nd Seashore Dtive.
116 34th 'Street, .4 a E3
the e
S a s 80ftnis
'vat dwelling unit, tr8tive offjoe
s Is 320d Sweet
Street,
Zoning Agreement
Page 21 of 27
505 29" Street
The primary route of travel
Cannery Village (2811 Villa
Street, and Villa Way.
between Sober Living by the Sea's administrative offices in
Way) and these residential dwelling units is Lafayette, 291h
56
Zoning Agreement
Page 22 of 27
112 4& Street, Units A and B
3960 -3980 Seashore Drive
E
•
Zoning Agreement
Page 23 of 27
1224 51h Street, Units A & B
4500 -4504 Seashore
49004828 48234815
4917 4824 4809 -
4911 4820
275 4816 4801
4906 4831 4812 - C04yy.
.44900 4821 4800 .4700 ''' 1�- _ IV ...
_ 4812 - 4815 231 - l�� -4625 45�
4 2 227 4801 - .1
4808 {$05 22f ✓;1 y£R" -, 7 '45074525 � {5174555`
4820 4806 4800 4709 ,. AV 0" 3� 4521 4463`-
.. 4812 218 4703470/ - -.... t0 4543 4443
4804 4708 133 146 ' -" 4537 441 - -�
4441 4l # 1
4805 4718 4704 01 84
30 L 133 4510 " --- 4433440344214401445344634451
4801 4714 4700 12638 131 4508 4411 4423
4711 4700 122 123127 yS 1506 4401 4431
{419
0 ` -, 1705 4616 116 , 121 d1 13 _ ' 4406 t {
�Sp' 4703 4612 115119. 128 -, 135 410 4404 4402 5
4 06 lit 131 131 406 iii -4400 6�._. �.
l
7V 4605' Ilb 123 130 4{01 ^^ 7
4603 112 _ 121 I28 4313 '
4601 , 4510J'f�� �115 133 % 20B 303
4511 YV'I, „` 131 04 20 a'' 21.3. 4210
.4505 114 123127 ..130 209 '.. 4206
1t2 l;` 212 4Z04
' Y 44501x, a12 �`- /15321 t28 _ 207
2i k 4411 1IL 122 - 131 t06 4200
ttre t 4407 - 114 123 127 Of : 2 211 13 411d'..
_ IlOf
mep fti e"' " - 4603, l 112 121 y1 110 205
49 4306..
110 115 126 yl ` 212 p 02
a a'aS `yi'k t• t311� ili �� 122 129 6 a]
3a:i 4709 169 127 22 ; 213
�C v=` t'p 4]05 114 123 211 401D-
`� -4303 112 , 111 128 207 4006
4301- 4210 _'115 14 05
2 212
3 ;� +q '• y� 4211 111 124 - 210 4002
4209 . 4200 325 204 - 213
t
I E, 123 211
4203 112 121
a ii 9M ,d 4 C, J 4201 4110 115 128 205
124 212
'2.,f*'13IZrg, -6 44109 111`94 y1 lea 12/ 208
T v' . '* , =rY .2� 4103 109 f 116 123 0
z.`k slot 1111{ 121..- 1' 13 21207
5c �:o .4b"p�-4•aa* 5+'+,e. 4011 115 I1b ..
E
111 '
4009 '> 4000 122
118 131
4001 112 123129
4001 110 1 u
3915 S 111111 SS 124t8
1 P c t +* t s..iuF lyy x t 7911 109 , le 122
3939 0] �7 112j 4_ I Zs5 .
0�L+2.ef.,. 3812 - 119 "
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, 45th Street, and 44th Street.
Zoning Agreement
Page 24 0127
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
Page 25 of 27
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, 50`h Street, Neptune, and 5151 Street.
610
Zoning Agreement
Page 26 of 27
6111 Seashore
6110 West Ocean Front
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.
0
Zoning Agreement
Page 27 of 27
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 faciities
in Newport Beach:
SLBTS FACILITIES
Peninsula Bed Count ADP License?
Property Address Zone? (Y or N)
(Y or N)
Peninsula Off Peninsula
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Total Bed Count
M
Zoning Agreement with Sober Living by the Sea
January 27, 2009
Page 18
Attachment C
Public Notice
0
NOTICE OF PUBLIC HEARING
ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT WITH
SOBER LIVING BY THE SEA
NOTICE IS HEREBY GIVEN that on Tuesday, January 27, 2009, at 7:00 p.m. or thereafter, a
public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport
Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will consider
the following application:
An application for approval of a Zoning Implementation and Public Benefit Agreement
( "Agreement") between Sober Living by the Sea ( "SLBTS") and the City of Newport Beach ("City").
The Agreement entitles the operation of residential care facilities in the City while also limiting
number of beds that SLBTS may operate City -wide and within West Newport, the Balboa
Peninsula, and Lido Isle. The Agreement places a cap on beds in facilities otherwise not subject to
City regulation under state law. The Agreement contains operational standards applicable to
SLBTS' facilities.
THIS PROPERTY WOULD REMAIN AS A GROUP RESIDENTIAL USE
UNDER THE AGREEMENT'S TERMS
This activity has been determined to be categorically exempt under the requirements of the
California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). This Gass of
projects has been determined not to have a significant effect on the environment and is exempt
from the provisions of CEQA. This activity is also covered by the general rule that CEQA applies
only to projects that have the potential for causing a significant effect on the environment (Section
15061(b)(3) of the CEQA Guidelines). It can be seen with certainty that there is no possibility
that this activity will have a significant effect on the environment and it is not subject to CEQA.
All interested parties may appear and present testimony in regard to this application. If you
challenge this project in court, you may be limited to raising only those issues you or someone else
raised at the public hearing (described in this notice) or in written correspondence delivered to the
City, at, or prior to, the public hearing. The agenda, staff report, and environmental documents
may be reviewed at the Planning Department, City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663 or at the City of Newport Beach website at www.city.newaort-
beach.ca.us on the Friday prior to the hearing. For more information, call (949) 644-3002 or e-mail
dkiff(&city. newoort- beach. ca. us.
Activity No.: DA2008 -005
Dave Kift, Assistant City Manager, City of Newport Beach
PROPERTIES AFFECTED:
208 Via Lido Soud
• 100 -102 Via Antibes
• 505 29P Street
• 116 34th Street, Units A & B
• 112 40"' Street, Units A & B
122 45" Street, Units A & B
• 5004 Neptune, Units A & B
• 5101 River, Units A& B
• 3960 -3980 Seashore
4500 -4504 Seashore
4711 Seashore
4816 Seashore
• 6111 Seashore
6110 West Ocean Front
M,
Zoning Agreement with Sober Living by the Sea
January 27, 2009
Page 49
Attachment D
SLBTS Properties Staying Open or Closed /Closing (January 2009)
(05
NOTICE OF PUBLIC HEARING
ZONING AND PUBLIC BENEFIT AGREEMENT WITH
SOBER LIVING BY THE SEA
NOTICE IS HEREBY GIVEN that on Tuesday, January 27, 2009, at 7:00 p.m. or thereafter, a
public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport
Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will consider
the following application:
An application for approval of a Zoning and Public Benefit Agreement ( "Agreement') between Sober
Living By The Sea ( "SLBTS ") and the City of Newport Beach ("City"). The Agreement entitles the
operation of residential care facilities in the City while also limiting number of beds that SLBTS may
operate City-wide and within West Newport, the Balboa Peninsula, and Lido Isle. The Agreement
places a cap on beds in facilities otherwise not subject to City regulation under state law. The
Agreement contains operational standards applicable to SLBTS' facilities.
This activity has been determined to be categorically exempt under the requirements of the
California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). This class of
projects has been determined not to have a significant effect on the environment and is exempt
from the provisions of CEQA. This activity is also covered by the general rule that CEQA applies
only to projects that have the potential for causing a significant effect on the environment (Section
15061(b)(3) of the CEQA Guidelines). It can be seen with certainty that there is no possibility that
this activity will have a significant effect on the environment and it is not subject to CEQA.
All interested parties may appear and present testimony in regard to this application. If you
challenge this project in court, you may be limited to raising only those issues you or someone else
raised at the public hearing (described in this notice) or in written correspondence delivered to the
City, at, or prior to, the public hearing.
The agenda, staff report, and environmental documents may be reviewed at the Planning
Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or
at the City of Newport Beach website at www.city.newport-beach.ca.us on the Friday prior to the
hearing. For more information, call (949) 6443002 or e-mail dkiff @city.newport- beach.ca.us.
Activity No.: DA2008 -005
Leilani 1.. Brown
City Clerk
NOTICE OF PUBLIC HEARING
ZONING AND PUBLIC BENEFIT AGREEMENT WITH
SOBER LIVING BY THE SEA
NOTICE IS HEREBY GIVEN that on Tuesday, January 27, 2009, at 7:00 p.m. or thereafter, a public hearing will be conducted in the City
Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will
consider the following application:
An application for approval of a Zoning and Public Benefit Agreement ( "Agreement") between Sober Living By The Sea ( "SLBTS ") and the
City of Newport Beach ( "City"). The Agreement entitles the operation of residential care facilities in the City while also limiting number of
beds that SLBTS may operate City-wide and within West Newport, the Balboa Peninsula, and Lido Isle. The Agreement places a cap on
beds in facilities otherwise not subject to City regulation under state law. The Agreement contains operational standards applicable to
SLBTS' facilities.
This activity has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA)
under Class 1 (Existing Facilities). This class of projects has been determined not to have a significant effect on the environment and is
exempt from the provisions of CEQA. This activity is also covered by the general rule that CEQA applies only to projects that have the
potential for causing a significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines). It can be seen with certainty
that there is no possibility that this activity will have a significant effect on the environment and it is not subject to CEQA.
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited
to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered
to the City, at, or prior to, the public hearing.
The agenda, staff report, and environmental documents may be reviewed at the Planning Department, City of Newport Beach, 3300 Newport
Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.cily.newoort- beach.ca.us on the Friday prior to
the hearing. For more information, call (949) 644 -3002 or e-mail dkiff(dcitv.newport- beach.ca.us.
Activity No.: DA2008405
Leilani I. Brown
City Clerk
NOTICE OF PUBLIC HEARING
ZONING AND PUBLIC BENEFIT AGREEMENT WITH
SOBER LIVING BY THE SEA
NOTICE IS HEREBY GIVEN that on Tuesday, January 27, 2009, at 7:00 p.m. or thereafter, a public hearing will be conducted in the City
Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will
consider the following application:
An application for approval of a Zoning and Public Benefit Agreement ( "Agreement") between Sober Living By The Sea ( "SLBTS ") and the
City of Newport Beach ( "City'). The Agreement entitles the operation of residential care facilities in the City while also limitng number of
beds that SLBTS may operate City -wide and within West Newport, the Balboa Peninsula, and Lido Isle. The Agreement places a cap on
beds in facilities otherwise not subject to City regulation under state law. The Agreement contains operational standards applicable to
SLBTS' facilities.
This activity has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA)
under Class 1 (Existing Facilities). This class of projects has been determined not to have a significant effect on the environment and is
exempt from the provisions of CEQA. This activity is also covered by the general rule that CEQA applies only to projects that have the
potential for causing a significant effect on the environment (Section 15061(bX3) of the CEQA Guidelines). It can be seen with certainty
that there is no possibility that this activity will have a significant effect on the environment and it is not subject to CEQA.
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited
to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered
to the City, at, or prior to, the public hearing.
The agenda, staff report, and environmental documents may be reviewed at the Planning Department, City of Newport Beach, 3300 Newport
Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.citv.newport- beach.ca.us on the Friday prior to
the hearing. For more information, call (949) 644 -3002 or e-mail dKjff@g1tv.nemort-beach.ca.us.
Activity No.: DA2008 -005 C�y(rj7(lot�N/L X' I,IUt'pW�
Leilani I. Brown
City Clerk
Easy Peed bets 121 FeedPa r See Instruction Feature j J��S AVERY ®5160® 1
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BRITTAIN RAY FRYE FRISCH RICHARD J TRUST FINE ARTS BUCK
1544 12TH ST #203 3419 238TH VIA 410 29TH ST
SANTA MONICA, CA 90401 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
BRUCEJLOW
411 29TH ST
NEWPORT BEACH, CA 92663
PENINSULA RETAIL PARTNERS
LLC
415 29TH ST
NEWPORT BEACH, CA 92663
WEEDA KEVIN TRUST
439 30TH ST
NEWPORT BEACH, CA 92663
OROZCO LOUIS TRUST
502 30TH ST
NEWPORT BEACH, CA 92663
VICTOR J MICHAEL
505 30TH ST
NEWPORT BEACH, CA 92663
ARNOLD D FEUERSTEIN
508 30TH ST
NEWPORT BEACH, CA 92663
BANTA INVESTMENT PARTNERS
LLC
517 30TH ST
NEWPORT BEACH, CA 92663
MARY H WILLIAMSON
426 31ST ST
NEWPORT BEACH, CA 92663
JILL S MARKOWICZ
413 29TH ST
NEWPORT BEACH, CA 92663
PERSON JAMES C JR TRUST
507 29TH ST #A
NEWPORT BEACH, CA 92663
FAUL FAMILY TRUST
500 30TH ST
NEWPORT BEACH, CA 92663
JOHN R WELBOURN
503 30TH ST
NEWPORT BEACH, CA 92663
MCDOWELL FRANK TRUST
506 30TH ST
NEWPORT BEACH, CA 92663
MARK A SCHATTINGER
511 30TH ST
NEWPORT BEACH, CA 92663
CRESCENT TRUST
519 30TH ST
NEWPORT BEACH, CA 92663
DIXON THOMAS /J LIVING TRUST
428 31 ST ST
NEWPORT BEACH, CA 92663
VALLE BRETT H DEL
415 29TH ST
NEWPORT BEACH, CA 92663
FUNDING SOUTHERN
419 30TH ST
NEWPORT BEACH, CA 92663
ROBERT L BEERS
501 30TH ST
NEWPORT BEACH, CA 92663
STEPHEN M BANTA
504 30TH ST
NEWPORT BEACH, CA 92663
MATTHEW JACKSON
507 30TH ST
NEWPORT BEACH, CA 92663
KOEBERLE FAMILY TRUST
512 30TH ST
NEWPORT BEACH, CA 92663
BRIAN WESLEY RAY
425 30TH ST #10
NEWPORT BEACH, CA 92663
DINO & ARDENIA CAPANNELLI
430 31ST ST
NEWPORT BEACH, CA 92663
JACKSON /JACKSON 510 LLC CLIFF J HWANG JAMES R MCCLURE
510 31ST ST #A 107 32ND ST 115 32ND ST
NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
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MILTON Y KAWABE GILL AUBREY J TRUST RICHARD A HIGBIE
125 32ND ST 106 33RD ST 108 33RD ST
NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
ANTONOPOLIS FAMILY TRUST
114 33RD ST
NEWPORT BEACH, CA 92663
GARY MERRILL JUNGE
125 33RD ST
NEWPORT BEACH, CA 92663
STEVEN D 1IANSEN
110 33RD ST #1
NEWPORT BEACH, CA 92663
MEGAN E R AZER
209 1/2 33RD ST #B
NEWPORT BEACH, CA 92663
SUSAN A BOYD
:125 34TH ST
NEWPORT BEACH, CA 92663
JOHN E SPENCER
109 34TH ST #A
NEWPORT BEACH, CA 92663
GERTLER B/M FAMILY TRUST
117 35TH ST
NEWPORT BEACH, CA 92663
CHARLES D DAYTON
124 35TH ST
NEWPORT BEACH, CA 92663
MICHAEL M BATES
204 35TH ST
NEWPORT BEACH, CA 92663
ZAIL TRUST KAREN S MILLIGAN
118 33RD ST 121 33RD ST
NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
HAMMOND- MCKINLEY LLC THOMAS G AIEVOLI
207 33RD ST 209 33RD ST
NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
FISCHELLA J R LIVING TRUST THOMAS C COZAD
125 33RD ST # 1 126 33RD ST #B
NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
OHANESIAN TRUST GAIL H WOLCOTT
112 34TH ST 121 34TH ST
NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
HARRISON ALLEN/MERIL TRUST STEVEN A BAEZA
209 34TH ST 208A 34TH ST
NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
MICHAEL M & CONNIE J ADNOFF DON A & CARLA BOSELLI
116 35TH ST 116 35TH ST
NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
AIGNER TRUST
VENNUM BARBARA H LIVING
120 35TH ST
TRUST
NEWPORT BEACH, CA 92663
122 35TH ST
NEWPORT BEACH, CA 92663
WILFRED A LLAURADO
GEORGE SCHROEDER
126 35TH ST
129 35TH ST
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
HAYDEN TRUST
ALFORD J BECK
206 35TH ST
208 1/2 35TH ST
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
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Utilisez le gabarit AVERY® 51600 Sens de chargement d'instruction 1- 800-60 -AVERY
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NA CITIBANK
126 1 35TH ST
NEWPORT BEACH, CA 0
JUNE FAMILY
114 39TH ST
NEWPORT BEACH, CA 92663
EDWARD R JOHNSON
120 39TH ST
NEWPORT BEACH, CA 92663
PATRICK ANTHONY
129 39TH ST #A
NEWPORT BEACH, CA 92663
TRISTAN L ALEY
124 40TH ST
NEWPORT BEACH, CA 92663
STACEY PIERSON
122 40TH ST #I
NEWPORT BEACH, CA 92663
RICHARD L BABINEAU
i10415TST
NEWPORT BEACH, CA 92663
MILLIGAN CHRISTINE M TRUST
121 41ST ST
NEWPORT BEACH, CA 92663
THOMAS P & WENDY HERRING
127 43RD ST
NEWPORT BEACH, CA 92663
BROWN FAMILY TRUST
119 44TH ST
NEWPORT BEACH, CA 92663
i A See Instruction Sheet cs
eFeed Paper for Easy Peel Featurei ® AVERY ®5160
LOREN PETER HANSEN DAVID F DIAMOND
500 38TH ST 111 39TH ST
NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
T M KUMAR
115 39TH ST
NEWPORT BEACH CA 92663
LAURIE E STIEL
123 39TH ST
NEWPORT BEACH, CA 92663
GARY L FLATER
115 40TH ST
NEWPORT BEACH, CA 92663
BACCARO MARY F TRUST
126 40TH ST
NEWPORT BEACH, CA 92663
STEVEN J TURANSKY
111 40TH ST #A -B
NEWPORT BEACH, CA 92663
HENRY C VOLKER
113 41 ST ST
NEWPORT BEACH, CA 92663
MARK & KIM POUND
115 42ND ST
NEWPORT BEACH, CA 92663
BHASKAR BILL TRUST
110 44TH ST
NEWPORT BEACH, CA 92663
JAKUBEK JOHN B TRUST
120 44TH ST
NEWPORT BEACH, CA 92663
2100 VENTURES LLC
118 39TH ST
NEWPORT BEACH, CA 92663
GEORGE R & SUSAN
APPLEBAUM
131 39TH ST
NEWPORT BEACH, CA 92663
EDWIN H VAN DEN BOSSCHE
121 40TH ST
NEWPORT BEACH, CA 92663
DOUGLAS E BILLINGS
128 40TH ST
NEWPORT BEACH, CA 92663
DON G & TERRI S SOWERS
120 40TH ST #B
NEWPORT BEACH, CA 92663
JOHN MAJKOSKI
114 41ST ST
NEWPORT BEACH, CA 92663
MARK E & E C SCHAFFER &
CYNTHIA
123 43RD ST
NEWPORT BEACH, CA 92663
MILES B LARSON
115 44TH ST
NEWPORT BEACH, CA 92663
GEORGE NEVIN
125 44TH ST
NEWPORT BEACH, CA 92663
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TRUST AUDREY M NELSON EDWARD J CLARK
TRUST 129 44TH ST - 130 44TH ST
NEWPORT BEACH, CA 92663 1/2 44TH NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
WILLIAM L & JOANN D MARTIN
III
112 45TH ST
NEWPORT BEACH, CA 92663
ROBERT BUCKLAND
130 45TH ST
NEWPORT BEACH, CA 92663
KENNETH A & MARY S BRYANT
116 46TH ST
NEWPORT BEACH, CA 92663
MICHELLE A BACCARO
124 46TH ST
NEWPORT BEACH, CA 92663
'LEO MSCHLOCKER
118 47TH ST #A
NEWPORT BEACH, CA 92663
SERGIO & MARYBELL AVILA
275 49TH
NEWPORT BEACH, CA 92663
NAGI E & AMANI G ZAKI
26950 ABBEY GLEN DR
YORBA LINDA, CA 92887
GATES FAMILY TRUST
8 ALONDRA
IRVINE, CA 92620
LUCY BONNETT BERKLEY
2278 ARROYO DR
RIVERSIDE, CA 92506
Ittiquettes fadle3 8 paler
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GORDON M LOWE
115 45TH ST
NEWPORT BEACH, CA 92663
DAVID H HORTON
132 45TH ST
NEWPORT BEACH, CA 92663
MASRI TRUST
118 46TH ST
NEWPORT BEACH, -CA 92663
MACKAY TRUST
126 46TH ST
NEWPORT BEACH, CA 92663
DOUGLAS A JONES III
134 47TH ST #A
NEWPORT BEACH, CA 92663
SCOTT F & MARIE A SCHOCK
305 62ND ST
NEWPORT BEACH, CA 92663
KALAJIAN EDWARDB TRUST
13206 ADMIRAL AVE #J
MARINA DEL REY. CA 90292
TAMOTSU TANAKA
1300 ANTIGUA WAY
NEWPORT BEACH, CA 92660
KARTALIAN FAMILY TRUST
1061 AVONOAK TER
GLENDALE, CA 91206
Sens de chargement
JACK R BARHAM
123 45TH ST
NEWPORT BEACH, CA 92663
RICHARD A GHAZARIAN
133 45TH ST
NEWPORT BEACH, CA 92663
MARY F BACCARO
124 46TH ST
NEWPORT BEACH, CA 92663
TASSIO MARIANNE TRUST
122 47TH ST
NEWPORT BEACH, CA 92663
VINCENT HUGH ZIMMERER
224 48TH ST
NEWPORT BEACH, CA 92663
JOHN W COX III
310 62ND ST
NEWPORT BEACH, CA 92663
GALE RANDALIDEBRA TRUST
2034 AHUACATE RD
LA HABRA HEIGHTS, CA 90631
STARLENE LICUDINE
1633 ARCH BAY DR
NEWPORT BEACH, CA 92660
ROBERT G FELTON
41 BALBOA CVS
NEWPORT BEACH, CA 92663
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d'in tstruction 1- 800-60- AVERY.
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GRUBBS FAMILY TRUST BERNARDY LORRAINE C MATE TRUST
24412 BARBADOS DR TRUSTEE 25 BAY IS
DANA POINT, CA 92629 16 BARLOVENTO CT NEWPORT BEACH, CA 92661
NEWPORT BEACH, CA 92663
JOHN A SINDELAR
3550 BAY SANDS DR
LAUGHLIN, NV 89029
PETER CASE FILDES
23 BAYSIDE
IRVINE, CA 92614
DAVID S WOOTERS
20442 BAYVIEW AVE
NEWPORT BEACH, CA 92660
CANNERY LLC
1901 BAYADERE TER
CORONA DEL MAR, CA 92625
VIRGINIA DEY
1225 BAYSIDE DR
CORONA DEL MAR, CA 92625
FIRST PHASE PROPERTIES LLC
100 BAYVIEW CIR #4500
NEWPORT BEACH, CA.92660
NEWPORT COAST INVESTMENTS
LLC MOORE R K/H R 1994 TRUST 22 BEACON BAY 3456 BERRY DR
STUDIO CITY, CA 91604
NEWPORT BEACH, CA 92660
LESLIE D BARNES
4571 BIRDIE CIR
CORONA, CA 92883
NASSER FERNEE M TRUST
3800 BRADFORD ST #129
LA VERNE, CA 91750
BONNIE A TR QUALIF GOLER
3277 BROADMOOR BLVD
SAN BERNARDINO, CA 92404
BRAD EDMISTON
6 CALAIS
NEWPORT COAST, CA 92657
MARILYN JO HUGHES
431 CANAL ST
NEWPORT BEACH, CA 92663
S WANCUTT FAMILY LLC
9099 BLACKBIRD AVE
FOUNTAIN VALLEY, CA 92708
LAWRENCE C SCHNACK
3404 BRANDYWINE ST
SAN DIEGO, CA 92117
GREGORY M & BETHANN
ENRIQUEZ
20 BURR SCHOOL RD
WESTPORT, CT 6880
ROTHMAN HERBERT H/R B
TRUST;+
1 21045 CALIFA ST #100
WOODLAND HILLS, CA 91367
DOUGLAS EDWARD WEATHERS
6117 CANYON ESTATES CT
RIVERSIDE, CA 92506
DONALD CULLEN
1851 BAYPORT WAY
NEWPORT BEACH, CA 92660
MOSHAYEDI M/S TRUST
:2121 BAYSIDE DR
NEWPORT BEACH, CA 90625
RUDY & JAN HERRERA
3 BEACH DUNES RD
RANCHO MIRAGE, CA 92270
FORTE INVESTMENTS LLC
1308 BEVERLY ESTATES DR
BEVERLY HILLS, CA 90210
MARK LEDUC
7997 BLIGH CT
RIVERSIDE, CA 92506
THOMAS T & JANE H SCHOCK
2908 BROAD ST
NEWPORT BEACH, CA 92663
RICHARD E SPRAGUE
20914 CABRILLO LN
HUNTINGTON BEACH, CA 92646
GUADALUPE;GALVAN
31488 CALLE LA PURISIMA
SAN JUAN CAPISTRANO, CA
92675
UDO HELFERICH
22061 CAPE MAY LN
HUNTINGTON BEACH, CA 92646
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SCHMUCKER WILLIAM G 3RD EVERETT JACKSON JR KIDD TIMOTHY JOHN CREED
1 CAPRI 17842 CARDIFF CIR 3057 CAROB ST
LAGUNA NIGUEL, CA 92677 HUNTINGTON BEACH, CA 92649 NEWPORT BEACH, CA 92660
RAYMOND HAWS
223 CASTELLANA N
PALM DESERT, CA 92260
PATTERSON KAHLE LLC
450 CATALINA DR
NEWPORT BEACH, CA 92663
PASTRMAC ERIC TRUST
4401 CHANNEL PL
NEWPORT BEACH, CA 92663
ANDREW E KAPLAN
16361 CHELLA DR
HACIENDA HEIGHTS, CA 91745
AARON MCKOWN
346 CATALINA DR
NEWPORT BEACH, CA 92663
SIDNEY TARPINIAN
1045 CEDAR AVE
LONG BEACH, CA 90813
DONALD FROELICH
24602 CHARLTON DR
LAGUNA HILLS, CA 92653
MCDONOUGH TRUST
33821 CHULA VISTA AVE
DANA POINT, CA 92629
WILLIAM J & ELIANA R SC14ULTZ LINDER PAUL R TRUST
12219 CIRCULA PANORAMA 12244 CIRCULA PANORAMA
SANTA ANA, CA 92705 SANTA ANA, CA 92705
JEFFREY J EVANS ROBERT WAYNE JR BROWN
10051 CLIFF DR 1507 CLUBHOUSE AVE
HUNTINGTON BEACH, CA 92646 NEWPORT BEACH, CA 92663
GEORGE F TR FOR MOODY
632 COLONIAL CIR #DI
FULLERTON, CA 92835
WILLIAM G & AANTA G
'MCNAMARA
24036 CORMORANT LN
LAGUNA NIGUEL, CA 92677
MARILYN BOSE
1391 DEBORAH DR
SANTA ANA, CA 92705
PHILIP W MOCK
2557 COLUMBIA DR
COSTA MESA, CA 92626
BRUCKER FAMILY TRUST
316 CORONADO ST
NEWPORT BEACH, CA 92661
COLLINS FAMILY TRUST
5014 DEL MORENO DR
WOODLAND HILLS, CA 91364
MCCULLOCH GARNET V TRUST
450 CATALINA DR
NEWPORT BEACH, CA 92663
HENRY SAI WING HU
3115 CHADNEY DR
GLENDALE, CA 91206
CARSTENS TRUST
6884 CHARTWELL DR
RIVERSIDE, CA 92506
GREGORY W HOOD
2792 CIRCLE DR
NEWPORT BEACH, CA 92663
ARNOLD FAMILY TRUST
1501 CLEARVIEW LN
SANTA ANA, CA 92705
REIDO FARMS LLC
7700 COLLEGE TOWN DR #215
SACRAMENTO, CA 95826
STUART GRAY
200 COLUMBIA ST
NEWPORT BEACH, CA 92663
JEAN R DAVIS
11754 DARLINGTON AVE
LOS ANGELES, CA 90049
S A KATZ CONSTRUCTION CO
INC
20343 DELITA DR
WOODLAND HILLS, CA 91364
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SHELLY R DOHRMAN MARGARET A SANDIE 2808 LAFAYETTE PROPERTY LLC
20693 DEODAR DR 6827 DUCHESS DR 126 E 16TH ST
YORBA LINDA, CA 92886 WHITTIER, CA 90606 COSTA MESA, CA 92627
TAYLOR FAMILY TRUST HARTLEY J LANCASTER RICHARD L BLOOM
2507 E 16TH ST 234 E 17TH ST #118 49 E ARTHUR AVE
NEWPORT BEACH, CA 92663 COSTA MESA, CA 92627 ARCADIA, CA 91006
KENT A STAFFORD JAMES M JENNISON JOHN L WESTREM
521 E AVENIDA SAN JUAN 8203 E BAILEY WAY 1006 E BALBOA BLVD
SAN CLEMENTE, CA 92672 ANAHEIM, CA 92808 NEWPORT BEACH, CA 92661
PRISCILLA A AHERN JOSEPHINE D KING JOAN M WAKEN
1310 E BALBOA BLVD 2105 E BALBOA BLVD 271 E BELLEVUE DR #206
NEWPORT BEACH, CA 92661 1 NEWPORT BEACH, CA 92661 PASADENA, CA 91101
JAMES C JONES KAGNOFF MARITAL TRUST PROVIDENCE INV PROPS LLC
2545 E CHAPMAN AVE #108 13010 E CLOUD RD 12443E COAST HWY
FULLERTON, CA 92831 1 CAVE CREEK, AZ 85331 CORONA DEL MAR, CA 92625
AMEN & TRACI W ARDY WILLIAM R HANSEN DANIEL D & KATHLEEN M
3535 E COAST HWY 3334 E COAST HWY #295 MURPHY
Z RD
CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 7636 E RTE,
SCOTTSDALE Z
AZ 85260
GEBHART FAMILY TRUST EVERETT D RIVERS AMERICAN MORTGAGE CO
1165 EEL ALAMEDA 1440 E EVERETT PL 2461 E ORANGETHORPE AVE #208
PALM SPRINGS, CA 92262 : ORANGE, CA 92867 FULLERTON, CA 92831
WILLIAM L & JULIANNE CLARK FAMILY TRUST ROBERTS RICHARD E/S TRUST
EBELING 948 E STOCKER ST 5616 E VISTA DEL VALLE
15698 E POWERS DR GLENDALE, CA 91207 ANAHEIM, CA 92807
CENTENNIAL, CO 80015
RANSON W WEBSTER
EBBTIDE PROPERTIES LLC
CATHERINE WILEY
4345 EAGLE VALLEY CIR
1101 EBBTIDE RD
74140 EL PASEO #4 -499
RENO, NV 89519
CORONA DEL MAR, CA 92625
PALM DESERT, CA 42260
KAMEI SHIRLEY TRUST
WEIR WILLIAM PIS H TRUST
CLOSE W/H TRUST
13 ELDERGLEN
125 EMERALD BAY
168 EMERALD BAY
IRVINE, CA 92604
LAGUNA BEACH CA 92651
LAGUNA BEACH, CA 92651
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Use Avery®TEMPLATE 51600 iFeed Paper for Easy Peel Featurei �A��iY ® 5160 ®
1
JAMES W ALLEN KIM J CHARNEY 204 44TH STREET LLC
3521 EMMA IN 214 EVENING STAR LN 404 EVENING STAR LN
VISTA, CA 92084 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660
PHILIP P PORRETTA
21625 FAIRWIND LN
DIAMOND BAR, CA 91765
ANNETTE MARTIN
6910 FERNCROFT AVE
SAN GABRIEL, CA 91775
RAYMOND JBEER
1421 FOOTHILLS VILLAGE DR
HENDERSON, NV 89012
CAROL WIOR
7533 GARFIELD AVE
BELL GARDENS, CA 90201
WILLIAM A HANKINS
601 GARNET ST
REDONDO BEACH, CA 90277
VICTOR AVILA
29 HALF MOON BAY DR
CORONA DEL MAR, CA 92625
JOHN MARK BOONE
. 6603 HAWARDEN DR
RIVERSIDE, CA 92506
ROBERT A ELLIOTT
1 INVERNESS LN
NEWPORT BEACH, CA 92660
JACQUELYN GOTTLIEB
3374 FEDERAL AVE
LOS ANGELES, CA 90066
T MUTHU KUMAR
26 FINCA
SAN CLEMENTE, CA 92672
PIZZO FAMILY TRUST
2227 FRANCISCO DR
NEWPORT BEACH, CA 92660
HELEN M KEASTER
8904 GARIBALDI AVE
TEMPLE CITY, CA 91780
INTEGRATED FACILITIES LLC
10 GOODWILL CT
NEWPORT BEACH, CA 92663
HARRY B FREY
6275 HAWARDEN DR
RIVERSIDE, CA 92506
SKE 2007 TRUST
12625 HIGH BLUFF DR #306
SAN DIEGO, CA 92130
MCCAMENT WARREN H TRUST
5337 JED SMITH RD
HIDDEN HILLS, CA 91302
PERNECKY INTER VIVOS TRUST JEFFREY B CUNNINGHAM
AGREEM 129 KAREN WAY
3650 KAREN SUE LN A
FLINTRIDGE, CA 91011 THERTON, CA 94027
ftiquettes faciles 6 peter
Utllisea le gabant AVERY® 51600 Sens de chargement
ALLISON FAMILY TRUST
2112 FELIPE
NEWPORT BEACH, CA 92660
MCDONALD GREGORY D/G A
TRUST
2547 FOOTHILL LN
BREA, CA 92821
SEASHORE ENT LLC
6910 GALATINA PL
ALTA LOMA, CA 91701
RONALD & STACY BROWER
280 GARNET AVE
NEWPORT BEACH, CA 92662
ROBERT D MILNE
2432 GREENS AVE
HENDERSON, NV 89014
SALAMON TRUST
6590 HAWARDEN DR
RIVERSIDE, CA 92506
GARRETT TRUST
1020 HUNTINGTON DR
SAN MARINO, CA 91108
DAVID & LOIS D GOREN
24 JUPITER HILLS DR
NEWPORT BEACH, CA 92660
JULIAN LEVINE
23901 KILLION ST
WOODLAND HILLS, CA 91367
tonsultea la feuille www.averycom
d'instruction 1- 800 -GO -AVERY
Easy Peel Labels 1 A See Instruction Sheet 1 ® �'�1AVERY ®5160® i
Use Avery® TEMPLATE 51600 ,'Feed Paper �� for Easy Peel Featurei V
ALBERT & BARBARA DELAPENA JAMES M GREGORY JOHN HERLIHY
9600 LA ALBA DR 18751 LA CASITA AVE '2806 LAFAYETTE RD
WHITTIER, CA 90603 YORBA LINDA, CA 92886 NEWPORT BEACH, CA 92663
LAFAYETTE INVESTORS L P
2905 LAFAYETTE RD
NEWPORT BEACH, CA 92663
CANNERY LOFT LLC
2912 LAFAYETTE RD
NEWPORT BEACH, CA 92663
RUSSELL EARL SHIEK
10335 LAUREL CANYON BLVD
PACOIMA, CA 91331
CLIFF ATKINSON
5009 LIDO SANDS DR
NEWPORT BEACH, CA 92663
ANGELA DOHENY
5023 LIDO SANDS DR
NEWPORT BEACH, CA 92663
DAVID N DALTON
2908 LAFAYETTE RD
NEWPORT BEACH, CA 92663
DAVID GREENBERG
5195 LAS VEGAS BLVD S
LAS VEGAS, NV 89119
LINDA R BROWN
5001 LIDO SANDS DR
NEWPORT BEACH, CA 92663
HALVOR L HARLEY III
5015 LIDO SANDS DR
NEWPORT BEACH, CA 92663
MARGARET J GIBSON
5101 LIDO SANDS DR
NEWPORT BEACH, CA 92663
GLAZER FAMILY TRUST
2910 LAFAYETTE RD
NEWPORT BEACH, CA 92663
EDWARD J HERBST
5195 LAS VEGAS BLVD S
LAS VEGAS, NV 89119
' H SCOTT TAYLOR
5005 LIDO SANDS DR
NEWPORT BEACH, CA 92663
RINEK J/S TRUST
5019 LIDO SANDS DR
NEWPORT BEACH, CA 92663
GERARD D PROCCACINO
5105 LIDO SANDS DR
NEWPORT BEACH, CA 92663
DEBRA BRINKMAN
NANCY MITCHELL
RICHARD SLOCUM
5115 LIDO SANDS DR
:5201 LIDO SANDS DR
; 5205 LIDO SANDS DR
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
GLASSIC FAMILY TRUST
JOHN NEIDLINGER
CRAWFORD FAMILY TRUST
5209 LIDO SANDS DR
113 LIDO VIA
1725 LITTLE BIG HORN AVE
NEWPORT BEACH, CA 92663
PACIFIC PALISADES, CA 90272
PLACENTIA, CA 92870
SEASHORE DRIVE TRUST 1
5 LIVE OAK
IRVINE, CA 92604
DEMEULES TRUST
244 LORING AVE
LOS ANGELES, CA 90024
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LINDA M MICHICK
5451 LOCUST ST
CHINO, CA 91710
' BERCAW FAMILY TRUST
234 LUGONIA ST
NEWPORT BEACH, CA 92663
A
Sens de chargement
BEN E & SALLY R LOFSTEDT
17440 LORI ANN LN
CERRITOS, CA 90703
MICHAEL J MEISENBACH
3991 MACARTHUR BLVD #100
NEWPORT BEACH, CA 92660
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CHARLES A & PATRICIA H WILLIAM J TONER ROBERT REINHARDT
DARQUEA 2306 MACDONALD LN 2612 MADISON ST
3733 MACBETH DR FLOSSMOOR, IL 60422 RIVERSIDE, CA 92504
SAN JOSE, CA 95127
DAVID P ODDO KOURY ROBERT J TRUST NEIL J POWERS
815 MAIN ST :200 MAIN ST #206 3408 MARCUS AVE
HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 NEWPORT BEACH, CA 92663
JAMES DAVID MILLER JOE SCHORR SAM DEKRUYF
3903 MARCUS AVE 19106 MARLIA CT 8919 MERRILL AVE
NEWPORT BEACH, CA 92663 TARZANA, CA 91356 CHINO, CA 91710 .
BARBARA A STANFORD JOHN N DODD PAUL V O'CONNELL
2625 MIDWICK14ILL DR 68900 MINERVA RD 22480 MISSION HILLS LN
ALHAMBRA, CA 91803 CATHEDRAL CITY, CA 92234 YORBA LINDA, CA 92887
MICHAEL GAZIN RIMMER TRUST JEAN E ALLAN
40 MORNING BREEZE 278 MORNING CANYON RD 860 MORNINGSIDE DR #C320
IRVINE, CA 92603 CORONA DEL MAR, CA 92625 FULLERTON, CA 92835
GEORGE A BROWN MEVCO LLC THOMAS DAVID M LIVING
325 N 7TH ST 2122 N BROADWAY #200 TRUST
MONTEBELLO, CA 90640 SANTA ANA, CA 92706 10786 N EAGLE CREST LN
FRESNO, CA 93730
YOUNG G W/I H 1997 TRUST LOVALVO L IN LIVING TRUST ONE FINE PROPERTY NB LLC
880 N FAIR CIR 7780 N FRESNO ST # 102 901 N GREEN VALLEY PKWY
PALM SPRINGS, CA 92262 FRESNO, CA 93720 HENDERSON, NV 89074
YVONNE L RICHARDS PATRICIA E BEESLEY :4509 SEASHORE DRIVE LLC
1315M N PUENTE ST : 848 N RAINBOW BLVD 6720 N SCOTTSDALE RD #130
BREA, CA 92821 LAS VEGAS, NV 89107 SCOTTSDALE, AZ 85253
A/W LLC DEAN FAMILY TRUST WILLIAM & KRISTINA FREY
6720 N SCOTTSDALE RD #130 188 N SHORE LN 24891 NELLIE GAIL RD
SCOTTSDALE, AZ 85253 ' GILBERT, AZ 85233 LAGUNA HILLS, CA 92653
GENTILE STEVEN W TRUST ANDERSON LIVING TRUST I LOUIS NARENS
4702 NEPTUNE AVE 4708 NEPTUNE AVE : 4800 1/2 NEPTUNE AVE
NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
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DANIEL C HORGAN ERNEST J EREDIA SCOTT W ARNOLD
4802 NEPTUNE AVE 4804 NEPTUNE AVE 4814 NEPTUNE AVE
NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
SPAULDING WILLIAM L
TRUSTEE
5100 NEPTUNE AVE
NEWPORT BEACH, CA 92663
FRANK CHEE
16922 NEW PINE DR
HACIENDA HEIGHTS, CA 91745
RIDGEWAY TOD W TRUST
250 NEWPORT CENTER DR #101
NEWPORT BEACH, CA 92660
ALAN A CUNNINGHAM
4402 NOGAL AVE
YORBA LINDA, CA 92886
STEIN FAMILY 2002 TRUST
: 16869 OAK VIEW DR
ENCINO, CA 91436
POGGIONE L J LIVING TRUST
5204 NEPTUNE AVE
NEWPORT BEACH, CA 92663
NEWPORT RESIDENCE TRUST
2824 NEWPORT BLVD
NEWPORT BEACH, CA 92663
LADORNA E EICHENBERG
610 NEWPORT CENTER DR #610
NEWPORT BEACH, CA 92660
CLINTON W SMITH
1206 NOTTINGHAM RD
NEWPORT BEACH, CA 92660
JESUS HERNANDEZ
2528 OAKMONT AVE
SANTA ANA, CA 92706
ROBERT B ISAACSON
CHARLES S MANNING
1832 OLD CANYON DR
29214 OLD WRANGLER RD
HACIENDA HEIGHTS, CA 91745
CANYON LAKE, CA 92587
KEITH CALLAWAY
VAN LOON ENTERPRISES INC
2212 PACIFIC COAST HWY
11355 PAIGE LN
HUNTINGTON BEACH, CA 92648
REDLANDS, CA 92373
CARL S BROWN
2581 PARK AVE
LAGUNA BEACH, CA 92651
L RAMON BONIN
32275 PEPPERTREE BND
SAN JUAN CAPISTRANO, CA
:92675
RANDY ALAN BAKER
39911 PEARL DR
MURRIETA, CA 92563
ULLON TERI L F TRUST
229 PHLOX AVE
REDLANDS, CA 92373
ALLEN R JACKEL
5108 NEPTUNE AVE #A
NEWPORT BEACH, CA 92663
STANTON W DAVIES II
2700 NEWPORT BLVD #172
NEWPORT BEACH, CA 92663
BIRNKRANT LIVING TRUST
12620 NICKLAUS LN
TUSTIN, CA 92782
RALPH L WACKERBARTH
657 NW DRAKE RD
BEND, OR 97701
BOOTH FAMILY REV TRUST
2107 OCEAN AVE # 1002
SANTA MONICA, CA 90405
ERIC E LEMKE
8527 OTTO ST
DOWNEY, CA 90240
LINDA M WENGLIKOWSKI
2005 PALM AVE
MANHATTAN BEACH, CA 90266
TORIN W PAVIA
31540 PEPPERTREE BND
SAN JUAN CAPISTRANO, CA
92675
CODY FAMILY TRUST
1862 PITCAIRN DR
COSTA MESA, CA 92626
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SHEPHERD ROBERT K TRUST WEITZMAN JERALD S/S E TRUST MUNSON DOROTHY M TRUST
412 PLATA 1 PLUM ST 726 PLYMOUTH AVE
NEWPORT BEACH, CA 92660 LADERA RANCH, CA 92694 SAN FRANCISCO, CA 94112
SHARE TRUST
PO BOX 1003
PACIFIC PALISADES, CA 90272
JOHNSON M/T FAMILY TRUST
PO BOX 12079
NEWPORT BEACH, CA 92658
PATRICK Z GLANCE
PO BOX 15013
NEWPORT BEACH, CA 92659
: DAVID CHARLES SEYLLER
PO BOX 18020
IRVINE, CA 92623
'MURPHY MARGARET TRUSTEE
PO BOX 2115
LAKE ARROWHEAD, CA 92352
S PETER SMITH
PO BOX 3004
NEWPORT BEACH, CA 92659
ELIZABETH L CONCANNON
PO BOX 381412
CAMBRIDGE, MA 2238
ARAKELIAN RONALD J JR
TRUSTEE
PO BOX 60009
CITY OF INDUSTRY, CA 91716
WARREN & TRACIE HETTINGA
PO BOX 727
TIPTON, CA 93272
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RUSSELL ENTERPRISES INC
PO BOX 1130
CEDAR GLEN, CA 92321
MARIE DIANE SALANITRO
PO BOX 1212
NEWPORT BEACH, CA 92659
MAIOCCO MARIANNE TRUST
PO BOX 17547
ANAHEIM, CA 92817
OCONNOR JOHNNY L/J L TRUST
PO BOX 1942
NEWPORT BEACH, CA 92659
ROMA ROCKWELL MCCAFFREY
PO BOX 267
WASCO, CA 93280
GUNTER C MAYER
PO BOX 3073
NEWPORT BEACH, CA 92659
BANK CITY NATIONAL TR
PO BOX 515205
LOS ANGELES, CA 90051
RONALD J MILLAR
PO BOX 1162
NEWPORT BEACH, CA 92659
TRI- GLOBAL GROUP LLC
PO BOX 1284
NORTH HOLLYWOOD, CA 91614
KEITH R POPLET
PO BOX 1784
NEWPORT BEACH, CA 92659
STEVEN PITTEL
PO BOX 2018
VAIL, CO 81658
BERIT MITCHELL FAMILY
PO BOX 2683
NEWPORT BEACH, CA 92659
KATHLEEN M COOPER
PO BOX 3356
NEWPORT BEACH, CA 92659
ROBERT L BROCKMAN
PO BOX 599
COLOMA, CA 95613
WOODS WOODSON K GEORGE SCHREYER
PO BOX 7049 PO BOX 721420
KAMUELA, HI 96743 SAN DIEGO, CA 92172
GARY N GOODMAN
PO BOX 8171
MESA, AZ 85214
A
Sens de chargement
RASK HELEN R TRUST
PO BOX 9215
NEWPORT BEACH, CA 92658
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EDWIN C JR JOHNSON PATRICK M BYRNE MOREIRA MARILYN TRUST
PO BOX 924 PO BOX 999 19451 POMPANO LN # 101
CEDAR GLEN, CA 92321 CARMICHAEL, CA 95609 HUNTINGTON BEACH, CA 92648
RICHARD B SWINNEY
2029 PORT BRISTOL CIR
NEWPORT BEACH, CA 92660
CARL M & BARBARA J MOSEN
7 PORTICA
NEWPORT COAST, CA 92657
MOHAMMED W KHALIFE
1136 PROMONTORY PL
WEST COVINA, CA 91791
LEE FAMILY TRUST;+
2855 PULLMAN ST
SANTA ANA, CA 92705
FRANK G PIERCE
2130 RAMONA AVE
LA HABRA, CA 90631
CHIEKO KAMISATO
4346 REDWOOD AVE #309 -A
MARINA DEL REY, CA 90292
STEARMAN TRUST
1498 RIDGEMONT CT
FULLERTON, CA 92831
CHAVEZTRUST
3910 RIVER AVE
NEWPORT BEACH, CA 92663
HUGUETTE WILSON
4809 RIVER AVE
NEWPORT BEACH, CA 92663
BRADLEY E ROACH
1990 PORT EDWARD CIR
NEWPORT BEACH, CA 92660
LINOS FAMILY TRUST
2395 PORTRAIT WAY
TUSTIN, CA 92782
MANSON A SEPARATE PROP
TRUST
258 PROSPECT ST
NEWPORT BEACH, CA 92663
ZFRT 34TH STREET LLC
1000 QUAIL ST #290
NEWPORT BEACH, CA 92660
JOHN & ESSIE BOOTSMA
32190 RAMONA EXPRESSWAY
WAY
LAKEVIEW, CA 92567
VELMA N WELTMER
2900 REDWOOD CIR
FULLERTON, CA 92835
GEORGE HALBURIAN
2207 RIM RD
BRADBURY, CA 91008
JOANNA M DELAENDER
1819 PORT STIRLING PL
NEWPORT BEACH, CA 92660
RICHARD N SALMONSON
822 PRODUCTION PL
NEWPORT BEACH, CA 92663
WAYNE A SPOTSWOOD
1435 PUEBLO CT
CLAREMONT, CA 91711
MATTHEW S WATSON
19812 QUIET SURF CIR
HUNTINGTON BEACH, CA 92648
SCIPIO M CARNECCHIA
2484 RAMONA ST
PALO ALTO, CA 94301
KOUSSAY OKKO
39 RENATA
NEWPORT COAST, CA 92657
DENNIS J SEIN
3810 RIVER AVE
NEWPORT BEACH, CA 92663
CULLERS DOLORES D FAMILY SCOTT D LAIDLAW
TRUST 4719 RIVER AVE
4411 RIVER AVE NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
SAYWITZ PROPS ONE BARRY
4819 RIVER AVE
NEWPORT BEACH, CA 92663
MICHAEL KITE
4831 RIVER AVE
NEWPORT BEACH, CA 92663
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PAMELA MOLFETTA WORDEN WILLIAM/S 2005 TRUST CRAIG DANIEL MEDICI
4904 RIVER AVE 4905 RIVER AVE 4908 RIVER AVE
NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
L ROGERS DEV CORP DONALD
4912 RIVER AVE
NEWPORT BEACH, CA 92663
COLLINS JUDITH K TRUST
5008 RIVER AVE
NEWPORT BEACH, CA 92663
CITY SURF MANAGEMENT GRP
LLC
5123 RIVER AVE
NEWPORT BEACH, CA 92663
DAVID A GOFF
5212 RIVER AVE
NEWPORT BEACH, CA 92663
DEVINE DONALD A TRUST
162 ROCHESTER ST
COSTA MESA, CA 92627
ANTONINI TRUST
2021 ROSEMONT AVE #1
PASADENA, CA 91103
MORRIS GORDON JR BAGNE
801 S ACACIA AVE
FULLERTON, CA 92831
RUPERTJOSEPH
4923 RIVER AVE
NEWPORT BEACH, CA 92663
MICHAEL VOORHEES
5012 RIVER AVE
NEWPORT BEACH, CA 92663
ROBERT L RUSH
5205 RIVER AVE
NEWPORT BEACH, CA 92663
MLADINICH FAMILY TRUST
5219 RIVER AVE
NEWPORT BEACH, CA 92663
CARLFRANKSON
34 ROCKINGHAM DR
NEWPORT BEACH, CA 92660
HOUSE COUNTRY
4601 ROXBURY RD
CORONA DEL MAR, CA 92625
TMS BEACH PROPERTIES LLC
1201 S ALMA SCHOOL RD #9500
MESA, AZ 85210
RICHARD M & B S KELLER & RODOLMIRO MENDEZ
JENNIFER 125 S HARDING AVE
809 S GRETNA GREEN WAY #3 ANAHEIM CA 92804
LOS ANGELES, CA 90049
SASS DAVID FAMILY TRUST
2865 S JONES BLVD
LAS VEGAS, NV 89146
VICTOR J ZAMPARELLI
180 S MANSFIELD AVE
LOS ANGELES, CA 90036
THOM FAMILY TRUST
5000 RIVER AVE
NEWPORT BEACH, CA 92663
BLACKMAN ROBERT /C 2002
TRUST
5112 RIVER AVE
NEWPORT BEACH, CA 92663
PETER & CYNTHIA JACKSON
5208 RIVER AVE
NEWPORT BEACH, CA 92663
MILLER FAMILY LIVING TRUST
5105 RIVER AVE #A
NEWPORT BEACH, CA 92663
SCOTT C DANIEL
946 RODEO RD
FULLERTON, CA 92835
CHARLES P CUSUMANO
101 S 1ST ST #400
BURBANK, CA 91502
126 1/2 47TH STREET TRUST
4560 S DECATUR BLVD 4202
LAS VEGAS, NV 89103
ROBERT A SANDOVAL
1469 S HIGHVIEW LN #413
ALEXANDRIA, VA 22311
EVA ACOSTA
2248 S OAK KNOLL AVE
SAN MARINO, CA 91108
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SIRAGUSA A BB FAMILY TRUST
PALFREY FAMILY TRUST
SNOWDEN DANIEL E/L I TRUST
630 S PATHFINDER TRL
2085 S PEBBLE BEACH DR
2477 SALAMANCA
ANAHEIM, CA 92807
PALM SPRINGS, CA 92264
LA VERNE, CA 91750
PETERS JAMES M JR TRUST
STANLEY A SCOTT
KENNETH R TOLMAN
3 SAN JOAQUIN PLZ #215
42131 SAN JOSE DR
938 SANDCASTLE DR
NEWPORT BEACH, CA 92660
SAN JACINTO, CA 92583
CORONA DEL MAR, CA 92625
ROLAND R RESOS JACK J KAYAJANIAN
413 SANTA ANA AVE 1806 SANTIAGO DR
NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92660
RUDE LINDA M TRUST NORTON PETER TRUST
3312 SEASHORE DR 3409 SEASHORE DR
NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
GEORGE R CARNS LOEB STANLEY I/J TRUST
3417 SEASHORE DR 3501 SEASHORE DR
NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
MONICA MOY WONG I ANITA M DORNEY
.3805 SEASHORE DR 3807 SEASHORE DR
NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663
CLEVIDENCE FAMILY TRUST NANCY K ABRAMS
4011 SEASHORE DR :4401 SEASHORE DR
NEWPORT BEACH, CA 92663 ` NEWPORT BEACH, CA 92663
ALBERT H JONES
ALLAN H STOKKE
4411 SEASHORE DR
4605 SEASHORE DR
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
MELVIN L REICH
EVERETT ANTOINETTE TRUST
.. 4609 SEASHORE DR
4612 SEASHORE DR
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
TODD R CB L LIVING TRUST
JEFFREY LYSDALE
4703 SEASHORE DR
4704 SEASHORE DR
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
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CAROLYN P ROSKOWSKI
378 SAUSALITO BLVD
SAUSALITO, CA 94965
WILLIAM W JR VICKERS
3412 SEASHORE DR
NEWPORT BEACH, CA 92663
PIATT- BOSSERMANN FAMILY
TRUST
3803 SEASHORE DR
NEWPORT BEACH, CA 92663
RAFIK Y KAMELL
4005 SEASHORE DR
NEWPORT BEACH, CA 92663
PORTER WILLIAM/B 2005 TRUST
.4404 SEASHORE DR
NEWPORT BEACH, CA 92663
MATTHEW J HEINZ
4608 SEASHORE DR
NEWPORT BEACH, CA 92663
KEITH ALLEN
4701 SEASHORE DR
NEWPORT BEACH, CA 92663
LEE J & CINDY E GITTLEMAN
4705 SEASHORE DR
NEWPORT BEACH, CA 92663
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Easy Peel Labels
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SA�1�Y ®5160® i
BEVERLY A EVANS
JAMES SKIPPER TAYLOR -ST
MARSHALL W H JR. FAMILY
4709 SEASHORE DR
4714 SEASHORE DR
TRUST
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
4807 SEASHORE DR
NEWPORT BEACH, CA 92663
RICH MCHUGH
CHRISTOPHER J PARR
MATTHEW O JONES
4809 SEASHORE DR
4820 SEASHORE DR
49011/2 SEASHORE DR
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
NEWPORT BEACH CA 92663
JUANITA SIRIANI
DAVID B BRENT
DENNIS & SUZETTE BUCHANAN
4903 SEASHORE DR
4904 SEASHORE DR
4912 SEASHORE DR
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
STAUFFER FAMILY TRUST
LILLIAN K LIGHT
ROBERT FITZPATRICK
5007 SEASHORE DR
5008 SEASHORE DR
5009 SEASHORE DR
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
MEYER TRUST
KATHLEEN CHIEFFI
RICHARD S TAYLOR
5011 SEASHORE DR
5104 SEASHORE DR
5105 SEASHORE DR
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
DAVID E JR CARUSO
SMITH FAMILY TRUST
SELLERS C Y FAMILY TRUST;+
5109 SEASHORE DR
5200 SEASHORE DR
5208 SEASHORE DR
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
MARY M KESSLER
JOHN O NEWMAN
NED P ECKERT
6003 SEASHORE DR
6009 SEASHORE DR
6011 SEASHORE DR
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
CORYDON M PIEPER
PETER G GLADIS
62II SEASHORE LLC
6205 SEASHORE DR
6209 SEASHORE DR
6211 SEASHORE DR
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
KIDUSHIM FAMILY TRUST
ABRAHAM EDWARD A TRUST
SIMKINS TANIA LIVING TRUST
4905 -1/2 -4905 SEASHORE DR
4603 SEASHORE DR #A
4616 SEASHORE DR #A
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
MICHAEL J DOMINGUEZ
SPITALNICK W R 2006 TRUST
SONNY GOODMAN
4900 SEASHORE DR #A
4804 SEASHORE DR #B
4900 SEASHORE DR #B
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
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EDWARD P MCLAUGHLIN III STEVE R EMERSON HOELZEL LUCY TRUST
5204 SEASHORE DR #B 5565 SHANNON RIDGE LN 8726 SHANNON RIVER CIR
NEWPORT BEACH, CA 92663 SAN DIEGO, CA 92130 FOUNTAIN VALLEY, CA 92708
NASIR MUSA Y TR
335 SHARON RD
ARCADIA, CA 91007
WIGGINS FAMILY TRUST
6SHERWOOD
NEWPORT BEACH, CA 92660
ROFAEL FAMILY TRUST
3922 SIRIUS DR
HUNTINGTON BEACH, CA 92649
LOIS M WADSWORTH
7267 SPOONBILL LN
CARLSBAD, CA 92011
ALFONSO R SANCHEZ
924 SUMMIT PL
MONTEREY PARK, CA 91754
THOMAS W; VENNUM II
9377 TANGELO AVE
FONTANA, CA 92335
BARRY J & AMY H FIELDMAN
2061 TROON DR
HENDERSON, NV 89074
MICHAEL J & HONEY B MARKER
4218 VALLEY MEADOW RD
ENCINO, CA 91436
MELBOURNE TRUST
103 VIA BARCELONA
NEWPORT BEACH, CA 92663
BENEDETTA TR -OF NARDON
340 SHARON RD.
ARCADIA, CA 91007
SANDHUR M S LIVING TRUST
24 SHORELINE
NEWPORT BEACH, CA 92657
MARVIN P ADLER
30123 SKIPPERS WAY DR
CANYON LAKE, CA 92587
GREGORY M HUHN
925 STEELE DR
BREA, CA 92821
MATTHEW SMITH
1599 SUPERIOR AVE #A3
COSTA MESA, CA 92627
WILLIAM M SHAPIRO
1781 TERRY LYNN DR
SANTA ANA, CA 92705
EDWARD JOSEPH VERGARA
5831 TROPHY DR
HUNTINGTON BEACH, CA 92649
JOYCE REAUME
206 VIA ANTIBES
NEWPORT BEACH, CA 92663
RILEY TRUST
200 VIA BARCELONA
NEWPORT BEACH, CA 92663
LIGORIO A JR. & JOAN
CALAYCAY
3921 SHELTER GROVE DR
CLAREMONT, CA 91711
MARY J ROGERS
2183 SILVERADO ST
SAN MARCOS, CA 92078
SELTZER RICHARD A TRUST
80499 SPANISH BAY
LA QUINTA, CA 92253
GRABLE DANIEL C TRUST A
16574 SUGARLOAF ST
FOUNTAIN VALLEY, CA 92708
APRAHAMIAN C E 1998 TRUST
16 SYCAMORE CRK
IRVINE, CA 92603
LAING J/C TRUST
1 TIBURON BAY DR
CORONA DEL MAR, CA 92625
BOWMAN FAMILY TRUST
21301 TULSA ST
CHATSWORTH, CA 91311
ROSALYN L BINNING
108 VIA ANTIBES #C
NEWPORT BEACH, CA 92663
EVANS KRISTINE/DENNIS TRUST
204 VIA BARCELONA
NEWPORT BEACH, CA 92663
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X13- In a�-o�
Date: January 27, 2009
To: Mayor and City Council
City of Newport Beach
From: Concerned Citizens of Newport Beach
and Friends
Subject: Proposed Zoning & Public Interest Agreement with Sober Living by the Sea,
Inc.( "SLBTS ") and affiliated entities
Mayor and Council:
We are writing this letter to voice the community's position regarding the proposed
agreement between the City and its largest drug rehab business operator, Sober Living by
the Sea, Inc.( "SLBTS "). There are hundreds of residents and local business people who
agree with the position of this letter, but are reluctant to speak publicly.
The citizens of this community expected the City Council to embark on a negotiated
agreement with SLBTS in connection with the regulation of its integrated drug and
alcohol care and similar business uses throughout the City. The citizens accept the
desirability of settling costly litigation, assuming a settlement provides equitable relief to
key stakeholders. We believe that the terms of the proposed Zoning and Public Interest
Agreement are NOT in the public interest, based on the following:
1. Long Term Grant of RiAts Unconditionally Transferable to any Party. The
Agreement provides SLBTS with a long -term entitlement that is transferrable to
any party without any supervision or review by the City for a 25 year term for a
Use which is inconsistent with the City's General Plan, and the specific Coastal
Land Use Plan.
2. Inappropriate Determination of CEOA Exemption A vested right of use to 156
plus beds and related meeting and office facilities across the Peninsula should
rightfully be subject to environmental review. There can be no doubt that a
massive business of this scale has material physical, health and socioeconomic
impact on a community. It is stated that this business and this agreement are
exempt from CEQA, but there are no statement of findings to support this
position. This specific Use and permanent grant of rights has not been reviewed
or approved by the Coastal Commission - -- even though the City repeatedly
subjects single family residents and homeowners to environmental scrutiny and
compliance.
3. Unnecessary Sacrifice of West Balboa/Lido. The Agreement permanently zones
in an over - concentration in the West Balboa Peninsula/Lido area with 17 -20
group residential and several other integrated commercial office and meeting
facilities within a radius of less than one mile, grandfathering the business scale
and capacity which SLBTS achieved in 2007. The area excepted from
"dispersion" places multiple facilities within several hundred feet of one another.
As with other uses, the granting of a use should be based on capacity for
occupancy, rather than actual commercial activity, which can vary at any given
time and would tend to understate the level of intensity of operation.
Furthermore, SLBTS is granted a vested right to a 25% expansion of its business in
the City with no assurance of effective regulation.
4. Failure to Protect Residents. The Agreement fails to protect the health and safety
of our City's children and public at large in several respects:
a. It allows facilities to be established by SLBTS within 1,000 feet of all
elementary schools other than Newport Elementary School.
b. It allows facilities to be established by SLBTS within 1,000 feet of all
nursery schools, day care and total lots other than 3 locations cited in the
agreement.
c. It fails to effectively restrict smoking in public areas frequented by
children and others whose health and quality of life is compromised by
second hand smoke (beaches, streets and alleys, boardwalks,
playgrounds).
d. It does not prevent institutionalization and over - concentration of rehab
facilities in the already over - concentrated residential area of the Balboa
Peninsula, or other areas of the City.
e. It does not provide adequate inspection and control mechanisms to assure
the public of health and safety, fire prevention safeguards.
5. Exceptional Benefits Chanted to SLBTS Alone. The Agreement affords special
legal, contractual, economic and social protections to this single business not
afforded to other businesses or residents.
6. Unified Operations are a given. We appreciate that SLBTS has agreed to have its
stated 6 plus 6 facilities considered as one - - - -and are confident that, with the
proper assertion of the facts, that the court would have upheld same.
The proposed Agreement, sadly, demonstrates that the City is unwilling to commit to
protection of its coastal asset, and to providing the community with equitable relief from
over - concentration and its impacts. We urge the Council to revisit the proposed terms of
this Agreement.
F EC RED UTE i A18 N0A
e t: , :::�.eo.
TO:
City Clerk, Newport Beach: L. Grown
City Council and Staff:
Planning Commission and Staff:
Regarding:
Proposed Zoning Agreement between City of Newport Beach and Sober Living By The
Sea (Drug Rehab Operator).
To all Parties:
I am submitting my objection to this agreement and ask that it be entered into the public
record on my behalf.
I will not be attending this meeting nor have I attended the previous hearings regarding
this issue with the numerous other drug rehab operators in the last two months.
I have made a decision to no longer be subjected to the intimidation tactics used by this
operator and the many others that have been made aware of my involvement in this issue.
Every time a notice of a hearing or Council meeting regarding the drug rehab operators is
posted the abuse and intimidation is activated anew.
At the beginning of this, now going on three year nightmare, I sent a letter to the Council
informing them that I had been intimidated by the attorney for Sober Living By The Sea,
Edward Dilkes. I did not know who he was at the time, he approached me in Council
chambers and told me "he knew who I was and asked if I knew who in the City might be
sympathetic on behalf of our group? he then said "if you need anything just ask me, I'm
close with several people in the City and I can help you out if you need information" the
man standing next to me told me not to continue speaking with this man that he was an
attorney for Sober Living By The Sea, at that, he turned and walked away without ever
introducing himself. Outside the chambers that same night he approached me again and
asked "do you think the rehab homes that are here now should be grandfathered and
allowed to stay?" I said NO they should not, he then said "well I think that would be
considered discriminatory ... but what do I know ?" several people started to ask who he
was and he turned and walked away.
After myself and several other residents started coming to City Council and asking
questions about this business being run in our residential neighborhoods, the clients of
these homes began riding their "drug rehab issued" bikes by our homes at all hours of the
day and night. Screaming obscenities, throwing things at the houses, leaving drugs in the
bushes, all manner of abuse. We have Vans full of clients speeding down our streets,
blocking traffic, screaming from the vans and blocking alleys constantly.
Myself and others were finally pushed out of Council and into the "Intense Residential
Occupancy Meetings" chaired by the then Mayor Rosansky, that's when the real
intimidation and scare tactics were ramped up to a new level.
The Residential Occupancy Meeting was a circus. With 50 residents in attendance, there
were 3 CRC Health Group Attorneys and their cameras recording residents that attended.
When we were asked about impacts on our community, at public comments, we were
admonished several times to stay on topic by the mayor. Then Edward Dilkes, the Sober
Living By The Sea Attorney (CRC) got up and threatened everyone at the meeting to stop
showing people the map of streets with rehab businesses on it. He said we would be
"sorry" and would "be in BIG trouble" if we discussed the map, the mayor did not stop
this intimidation tactic, and in fact distanced the city from any knowledge of the rehab
homes listed on the map.
Bri an Burke, another attorney for CRC ( SLBTS) went to the back of the room and started
going through the sign in sheet, many residents saw what was happening and objected to
this gross abuse, as the names would be made public soon enough, we asked the Mayor
"why did they have to show force and bully tactics like this to intimidate residents ?" the
Mayor did nothing and finally a resident took the sign in sheet away from Mr. Burke and
asked him to refrain from doing this during the meeting. All of this was captured on the
SLBTS tape.
Resident Cynthia Koller was exiting the women's restroom after fleeing there to compose
herself... she had just spoke (for the first time in public) about being a victim of violent
crime and wanted to know who was actually residing in the rehab homes since many
were sent there instead of given jail time. As she was leaving the restroom, Brian Burke
and Edward Dilkes cornered her with their bodies and asked her why she felt so
passionately about this? They also said "we can help you" "you just need to speak to us"
she was so alarmed she left the meeting entirely and went to her car.
The next day those same men were roaming OUR Street after finding out only the street
number from the sign in sheet. They were asking our neighbors if they knew Cynthia
Koller or me, and asking where we lived, which house? Our neighbors called to warn us,
one neighbor told them to get off our block or he would call the police. They then went to
the next block over and continued their search. For several days after that, there were two
men sitting in a car on our block watching our homes.
Along with all this we were still being inundated by vans full of clients flying down our
street, up over the curbs and racing to the corner, clients on bikes continuing with the
tactics of spitting at our houses while we had guests, swearing and screaming, skidding
their bike tires right behind us as we walked, several residents on my block alone were
within inches of being hit and run over by speeding vans and my own son was hit by a
van as he skateboarded, THANK GOD he was not knocked down and killed and before
he could get the van license plate, they sped off.
This was ONLY THE BEGINNING. As time went on we could no longer go to our local
market, Albertsons, because these clients loitered outside, smoking, swearing and from
what we were told by employees buying drugs in the parking lot. Albertsons hired many
of these clients. We could no longer go to our local coffee shops because it was the same
situation. I could no longer walk down to the beach, which I had done for many years,
because the beach entrance at the end of my block was constantly inhabited by rehab
clients smoking, swearing, fighting and leering at the women who passed.
I am listing the things I can remember and will forever be apart of my memories of living
in what I once considered an ideal place. This sense of peace has been forever stripped
from me by these drug rehab businesses in our residential neighborhoods and by Sober
Living By The Sea and their clients.
Carl Mosen (past owner and apparently current investor or owner of several Sober Living
By The Sea homes) verbally attacked my neighbor as he walked through Lido village,
making threatening gestures and remarks telling him "he better back off and what was he
doing asking questions about rehab in Newport" he then tried to goad my neighbor saying
"you think you're a tough guy? You think I can't get anything I want in 24 hours from
this City? I can get a permit in one day, can you do that ?" again, this is another area we
all feel uncomfortable shopping at, several drug rehab company's have their offices there
and bring new clients to be committed to their homes.
We continued to be harassed by drug rehab clients, we witnessed fights, a man beaten
almost to death who had escaped from Hoag Hospital to return to the "Sober Living"
house, only to escape again when police were called, open drug use, ex- clients who either
ran away or were kicked out of these rehab homes, living at the end of our streets and the
local parks. Residents felt sorry for them and brought them plates of food.
Everything continued to escalate as this nightmare became known throughout the City.
A woman being treated at 129 39h St. (Sober Living By The Sea) owned by T.M. Kumar
and operated on their behalf, ran screaming from the house, tearing off her clothes, ended
up on 401h St., broke into THREE separate houses, barricaded herself in the last house she
broke into, went through the owners clothes drawers, screaming uncontrollably. She
finally was subdued by Police. The owners were told they should not file charges, she
was a rehab client, and it would only make it hard on her. They returned her to the 39`h
St., Sober Living By The Sea house and that was that. Thank God she didn't find a
weapon in the drawers of the owner's house.
I could go on and on, I have gone before Council at every opportunity to show them the
impacts that have been inflicted on our community by these drug rehab businesses. NO
ONE wanted to listen, NO ONE wanted to admit this was happening and when it could
not be ignored anymore and we fought harder to make them listen.. whey made us, the
residents, the enemy.
Our own city Councilman Keith Curry attacked us from the Dais, attacked our motives at
Council debates to be re- elected, as "only after money" and "causing the City to use
taxpayer dollars to pay attorneys ". This was also stated by him to the press. He attacked
our credibility and our reputations.
That was the last straw ... I knew I could no longer beat my head against the brick wall of
this city trying to get relief from the very people who are charged to protect us.
I would no longer be seen at these meetings, speaking on behalf of hundreds of residents
too intimidated to speak and not wanting to be attacked by our City leaders and face
retaliation by the drug rehab operators and their clients.
It has been a LONG, HARD fight and now our own City will be joining, partnering with
these operators AGAINST their own residents and constituents. When this agreement is
voted on, and I will say right now it will be a whole hearted, across the board YES
VOTE, residents first amendment with then be under attack, we will no longer be able to
bring these people to a court of law for their misdeeds, if we do ... the City will join with
Sober Living By The Sea to fight ANY THIRD PARTY WHO DOES NOT AGREE
WITH THIS "BENEFICIAL AGREEMENT"
See for yourself.
Zoning Agreement
Page 6 of 27and Page 7 of 27
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, and each party shall be responsible for its legal expenses incurred in connection
with the Third
Party Legal Challenge.
As far as I'm concerned, this proves that residents concerns mean nothing to this city and
the all mighty dollar (Sober Living By The Sea) is catered to by virtue of being backed
by millions upon millions of dollars, funded by C.R.C. Health Group and BAIN
CAPITOL.
This Vote Tuesday night is just a "Dog and Pony Show" put on by the City to try and
make people believe they have "Solved The Problem" this meeting is a SHAM and I will
not be their to witness this travesty.
Lori Morris
Resident of West Newport Beach
"RECEIVED AFTER AGENDA
Brown, Leilani
From: Cynthia koller [gracenbl @yahoo.com]
Sent: Monday, January 26, 2009 2:31 PM
To: Brown, Leilani
Cc: edselich @adelphia.net; Gardner, Nancy; Rosansky, Steven; Henn, Michael; Daigle, Leslie;
Curry, Keith; Susan /Barry Eaton; Kiff, Dave, Bludau, Homer; Harp, Aaron; Wolcott, Cathy
Subject: BENEFIT AGREEMENT /SOBER LIVING BY THE SEA
Gentlemen:
I am submitting this objection in writing for the record in regards to the City Zoning Agreement being
proposed with Sober Living by the Sea at the City Council Meeting this Tuesday January 27Th.
I have come before the Council representing the residents of the peninsula (per their request) and myself
for the last two years in protest of the taking of our neighborhoods by drug recovery homes (Sober Living
by the Sea).
I have presented the negative impacts Sober Living by the Sea imposed on our neighborhoods and me
personally, every chance I was allowed to come before you on this issue. I have presented police logs and
all my documentation.
I have discussed via phone, email and in person as to the horrendous living conditions the residents have
had to deal with in regards to the over concentration of the recovery homes and because of this, I have
experienced constant harassment from operators, clients and their employees.
When my neighbor Lori Morris came to council and told you her son had been hit by one of the recovery
vans you... turned a blind eye and did not even make a comment.
The residents and I have done everything you have requested us to do in regards to this issue.
We have pleaded over and over for you to help us, the residents who you serve. Now we are to
understand that you are rezoning our residential area ( West Newport) for the sake of a FOR
PROFIT BUSINESS. You represent and work for US. Not them, have you forgotten your oath?
I was told by a resident at the start of this process" I was previewing a house and the "HOUSE
MANAGER" I met while looking at the property in the 6000 block of Seashore started to discuss the
recovery home issue. I was told that no matter what the city decided to do that Sober Living by the Sea
was SAFE, they would be Grandfathered in to whatever agreement was made ".
This was over TWO YEARS AGO ..... There is no public trust with any of you and you have sold the
peninsula out to a big business which is now allowed to operate in our neighborhoods. Not yours. You
have the HONOR to serve us. This is a privilege you have misused.
The residents will never know the truth but the appearance is very, very bad for all of you.
This agreement states that Sober Living by the Sea will have to follow certain policy. Who will ever know
if this is true and will be enforced? There was never code enforcement before, NEVER, When I first came
to the city I was asked to help identify these homes because the "city" did not know where they where
and what they were doing.
Now we are to believe you are going to watch over these liars and hypocrites for the sake of the residents.
Sober Living has lied to the residents and the city over and over again. I presented you proof with the
copies of their website touting ALTERNATIVE SENTENCING and EXPUNGEMENT, yet they never
admit to it and in this new agreement you still do not prohibit Clients in Alternative Sentencing
programs. You only mention parolees which I believe you have done purposely for the operator's sake,
Why don't you include the words NO ALTERNATIVE SENTENCING CLIENTS which was
requested at City Council? I feel and so do the residents it is because Sober Living by the Sea would not
agree to it even though they claim they do not have any alternative sentencing clients. Funny, why did
they advertise Alternative Sentencing on their website until I passed out copies of this page to you the
council and then the next day it was off their Website? Why?
As Police Chief Klein states in his letter to you of September 23, 2008:
"Proposition 5 is built upon the failed foundation of Proposition 36. Several evaluations conducted by
leading researchers at UCLA concluded that over one - quarter of the offenders never arrived for a single
treatment session, 60% of those who did arrive dropped out prematurely, and only one - quarter
completed treatment. Put simply, over 75% of the cases were failures, while crime actually increased!
Offenders in Proposition 36 committed more drug and property crimes than offenders who were not in
Proposition 36."
You don't even heed the advice from your own police Chief. And I will add that it as been only the police
force who has tried to help us here on the Peninsula.
So now if we are broken into, stabbed, raped or beaten by any of these "clients" (as I have witnessed on
my block and in my home)we can't go to the state for help as they "the clients" can claim their addiction
made them do it, and we can't go to our city for help because you have formed a legal partnership with
Sober Living by the Sea against the residents.
You chose to change our way of life and knowingly put us in harms way for the next 25 years with no
tools to defend ourselves by inking this agreement with Sober Living by the Sea.
If I show up for this meeting as I have always done before in regards to this issue the harassment and
intimidation towards me and my family will start all over again. Not only from the operators but from
my own councilmember who look right at me (Keith Curry) at the Corona Del Mar Candidates forum
and accuse all residents who were involved with opposing these operators with trying to shake down the
city with a lawsuit. And this man will be voting on this zoning agreement Tuesday night. Appalling. We
have not only been intimidated by the operators but by our councilmember. I am not willing to put
myself or my family through this again. I need to protect them as you do not.
This agreement was decided a long time ago and to try to sell this to the public at this time as a "Benefit
Agreement" is a travesty and a lie.
Balboa Peninsula Resident ( West Newport)
Cindy Koller and Family
i
X13
4800 Seashore
Sober Living By The Sea RehaL
83f 29
"RECEIVED AFTER AGENDA
PRINTED':"
Proposed Zoning Agreement:
Sober Living by the Sea and
City of Newport Beach
Newport Beach City Council
Tuesday, January 27, 2009
Presentation Summary
• Brief Review of Group Residential Uses Ordinance
(Ordinance 2008 -05)
• Legal Actions
Court cases, court decisions
Fair Housing Complaints
• Administrative Actions
Use Permit Hearings
Homes closed /closing
Abatement proceedings pending
• Summary of the Zoning Agreement
Benefits to the community
Benefits to SLBTS and to persons in recovery
Planning Commission's recommendations
• For More Information and Next Steps
Ordinance 2008 -OS
Took effect in February 2008.
Described different paths for existing operations
versus new operations:
Existing: Operators had until May 22, 2008 to file a
Use Permit application to stay.
New: All new group residential uses prohibited in all
residential zones except:
Stand -alone ADP - licensed "6 and Unders" — can go anywhere.
With Use Permits in Multi - Family Residential ( "MFR")
districts.
Defined the Use Permit process, including an
independent hearing officer and findings that must
be met for approval or denial.
Ordinance 2008 -OS
Exempted stand -alone ADP - licensed "6 and
Unders" per State law (HSC § 11834.23).
Allowed the City to consider networked
ADP - licensed "6 and Unders" as one or
more larger facilities (the integral uses/
integral facilities concept).
Set forth:
An abatement procedure (abatement by February
22, 2009 generally);
A process for Reasonable Accommodation.
The State Exemption
California Health and Safety Code § 11834.23.
Today, anyone can place an State - licensed "6 and
Under" treatment facility anywhere in Newport
Beach:
In any residential zone;
Without a use permit;
Without special conditions other than those that apply to
EVERY single family use;
Doesn't matter how close another facility is; and
Cannot apply special fire codes or building codes.
Every city in California must comply with this law.
Legal Actions
9 Legal actions have been as follows:
Lawsuits:
Concerned Citizens of Newport Beach v. City. CCNB
argued that the Ordinance did not go far enough.
CCNB also sued multiple operators and asked for $250
million in damages from the City.
SLBTS sued the City, alleging that the Ordinance went
too far and was facially discriminatory.
City of Newport Beach:
Filed a cross - complaint against SLBTS and others to
consolidate certain lawsuits in US District Court;
Sued Pacific Shores Recovery and Morningside Recovery for
opening operations during the 2007 short -term moratorium.
Legal Actions
Legal actions have been as follows:
Federal Fair Housing Complaints:
Pacific Shores Recovery and SLBTS filed separate
complaints with the US Department of Housing and
Urban Development (HUD), since referred to the
DOJ, alleging that the City's ordinance and its
practices have discriminated against disabled
persons entitled to fair housing.
1
In US District Court...
• In May 2008, Judge James Selna:
o Let most of the City's ordinance stand by
denying SLBTS' request to enjoin the City
from enforcing it; but
Enjoined the City from applying Integral
Facilities /Integral Uses, saying that only State
ADP can determine if multiple "6 and Unders"
are integral.
Therefore...
i
Why was Selna's action important?
• It directly affected SLBTS, because:
o SLBTS is the operator that uses the "6 and
Under" model the most, with:
At least 17 separately - licensed "6 and Under"
facilities (= 102 beds). These were immediately
exempted from Ordinance 2008 -05.
SLBTS and CRC Health Group have a successful
record of attaining State treatment licenses — had at
least 15 other facilities that could qualify for
licensure (= 90 beds).
It freed SLBTS to open as many more licensed "6
and Unders" as they had clients and willing
landlords (could move over 46 beds into this
category).
Why was Selna's action important?
It directly affected SLBTS, because:
It meant that, for up to 32 facilities and 192
beds, the City could not require Use Permits
nor apply any of the conditions within them.
And it meant that other integral
operators were free to do the same thing.
Back to the Legal Actions
City- SLBTS -CCN B
City asked CCNB and SLBTS to participate in mediation in
June 2008. Both did.
Mediation resulted in a "Term Sheet" between SLBTS and
the City. The Zoning Agreement reflects Term Sheet.
City- Pacific Shores
Pacific Shores (located at Clay and Orange) lost initial
round (City's ordinance is not facially discriminatory) —
Pacific Shores to apply for Reasonable Accommodation.
HUD /DOJ Actions
Zoning Agreement would direct SLBTS to ask DOJ to
drop complaint;
Pacific Shores' complaint still stands as Pacific Shores goes
through the Reasonable Accommodation process.
Administrative Actions
Operators representing over 400 beds filed for
Use Permits:
SLBTS (multiple addresses /204 beds);
Yellowstone Recovery (4 facilities /60 beds);
Narconon Southern California (I facility /49
occupants);
Ocean Recovery (2 facilities /38 beds — one pending
facility exempt);
Newport Coast Recovery (I facility /29 beds);
Kramer Center (I building/ 12 beds); and
Balboa Horizons Recovery (I property/ I I beds)
i
Administrative Actions (cont'd)
• Did not apply by the deadline (about 220
beds):
Pacific Shores Recovery (3 buildings /60 beds)
• Morningside Recovery (5 -6 buildings /60 -72 beds)
The Shores Treatment (closed — 6 beds)
115 39th Street (closed — 17 beds)
Lynn House (2 homes/ 16 beds)
About 7 -8 other locations (up to 60 beds)
Abatement notices sent May 23rd, 2008;
• Abatement by February 22, 2009.
1
Administrative Actions (cont'd)
Other properties subject to
abatement (estimated 44 beds):
1 129 West Balboa — est 12 beds
12729th Street (unlicensed, est 12 beds)
508 Clubhouse (unlicensed, est 6 beds)
900West Balboa (unlicensed, "2 beds ")
421 1 Dana Road (unlicensed, est 6 beds)
1053 Granville — aka "Gracious Giver Church" —
(unlicensed, est 6 beds)
Administrative Actions (cont'd)
Agreement to abate:
Narconon Southern California (49 occupants)
By end of NSC's ADP license term — 2/28/2010.
Agreed to operating conditions between now
and February 2010.
Enforcement action underway for possible violation of
Operating Conditions (transport of non - resident
clients to 1810 West Ocean Front)
Requested an ADP investigation of same.
Any continuation of NSC's use in Newport
Beach must be as a new facility in MFR subject
to the Use Permit process.
I
Administrative Actions
o Use Permits:
Granted:
(cont'd)
Balboa Horizons — I I beds, ADP-licensed
Denial Resolution Pending (subject to appeal):
Newport Coast Recovery — January 5, 2009
Hearings Pending:
Kramer Center — February 5, 2009
Ocean Recovery — February 5, 2009
Yellowstone Recovery — February 12, 2009
4:00 p.m., NB City Council Chambers
Open to the public, public testimony invited.
Notice goes out to:
All property owners and residences within 300'
Any person who requests notice.
<; About the Agreements
Agreement(s) Summary
There are 2 agreements:
Settlement Agreement
Settles legal issues between the parties;
Refers to the Zoning Agreement and incorporates its
terms and attaches it;
The Settlement Agreement has been approved but is not
effective without the Zoning Agreement; and
Posted on the City's website for anyone to look at.
Zoning Agreement
Subject of tonight's meeting: Introduction of the
Ordinance adopting the Agreement;
Describes the operational terms of the City -SLBTS
agreement.
Why this Agreement?
• Benefits to the community:
• The agreement applies conditions on facilities specifically
excluded by the injunction — ADP - licensed "6 and Unders."
Without the Agreement, over 100 SLBTS beds are exempt, today,
now. 90 more are not far away from being exempt.
• The Agreement stops SLBTS from opening multiple licensed 6
and Unders anywhere in the community.
• No other community in the state has this protection.
The Agreement attains MORE than Ordinance 2008 -05 allows:
No parolees.
Dispersion and distancing.
Bed caps, and having the bed caps apply to ADP - licensed "6 and Unders"
o Settles litigation in a way that:
Allows "integral facilities" to be applied again.
Allows rest of ordinance to stand to address other operators.
Ordinance v.Agreement
In the following slides, you'll see text in
BLUE.
This means that the Agreement's
provisions EXCEED what we could have
achieved under State law and Ordinance
2008 -05.
Zoning Agreement (cont'd)
About the Bed Caps:
Interim Cap applies unless /until "one per
block" dispersion occurs.
Final Cap:
48 beds in the rest of NB can only go in MFR
districts.
48 beds all subject to same operating standards.
Caps apply to ALL TYPES OF BEDS, even
ADP - licensed "6 and Unders."
j
' Zoning Agreement (cont'd)
11
One Building Per Block
SLBTS must disperse so that there is not more than
One Building per Block, including other operators;
Defines a block (bounded by streets, not by alleys);
o No facilities can face each other across the street;
A duplex or triplex counts as one building.
o Four exceptions.
Zoning Agreement (cont'd)
Distancing from Other Uses
SLBTS cannot place a facility near a public
elementary school (must be 1,000' away).
SLBTS cannot place a facility near large DSS-
licensed day care in the Peninsula Zone (must
be 1,000' away).
SLBTS cannot place a facility on a street
adjacent to:
The 36th Street tot lot; or
The Marina Park tot lot.
Zoning Agreement (cont'd)
• No Parolees
SLBTS will not accept, house, or treat any person who is a
parolee 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.
Second Hand Smoke
SLBTS must make good faith efforts to prevent second
hand smoke from affecting neighboring residents. May
include:
The designation of a smoking area at each site, with a device to
mitigate or disperse secondhand smoke;
An active smoking cessation program made available to all clients;
Addressing the complaints of directly- adjacent neighbors when
secondhand smoke comes from an SLBTS facility.
Zoning Agreement (cont'd)
Other operational standards:
Comply with City codes on trash;
Have off - street parking consistent with City's existing
residential standards;
Implement Route Plans for transport of clients and
staff to and from SLBTS' facilities;
Limit deliveries to weekday common business hours;
Maintain Quiet Hours:
Sundays - Thursdays between 10:00 p.m. and 7:00 a.m.; and
Fridays - Saturdays between 11:00 p.m. and 7:00 a.m.
Dispose of medical waste, if any, in the proper manner
in accordance with the NBMC; and
More.
Zoning Agreement (cont'd)
Other:
Incorporates "Villa Way" letter addressing:
Office uses; and
Parking lot.
Explains how /when Agreement could be reopened if
City grants another operator other terms;
State's the City's assertion that it will comply with
HSC § 1 1834.23, provided that SLBTS complies as
well;
Provides that Zoning Agreement obviates the need
for SLBTS to go through Use Permit process.
What the Planning Commission Said
Planning Commission suggested:
Clarify in Section 24E that the Zoning
Agreement does not supersede the Settlement
Agreement. This was incorporated into the final
version.
In Section I I A -B, the Planning Commission
proposed a simpler way of describing the
duration /term of the Agreement. The City
discussed this with SLBTS, and proposed an
alternative that was amenable to Special Counsel
and SLBTS.
What the Planning Commission Said
Planning Commission suggested:
In Exhibit B (Section 8), the Planning Commission asked
that SLBTS' client transport vehicles be clearly marked,
to allow the City (and the public) to see that they are
complying with the Route Plans. This change is not
included in the final document, in part to protect the privacy
rights of SLBTS patients.
In Exhibit B (Section A7), the Planning Commission
suggested a change to clarify that only eight homes can
be exceptions to the "one building per block" rule and
the "no buildings on opposite sides of the same street"
rule. This was accepted and is included.
What the Planning Commission Said
Planning Commission suggested:
A typo correction in Exhibit B, Section C I (Most
Favored Nation). This was accepted and corrected.
"Occupied" versus "provided" beds. In Exhibit B
(Section A 1 -4), should refer to beds "occupied"
instead of beds provided. This was not acceptable to
staff; Special Counsel, and SLBTS, so we did not accept it
in this final version — in part due to the inability to enforce
nightly bed - checks determining which are occupied and
which are not.
That the City be certain that the "Facilities" definition
includes ALL SLBTS' group residential uses. Special
Counsel reviewed this text, and believes that the current
"Facilities" definition in the Title 20, which is referred to by
the Agreement, does include all types of group residential
uses.
What the Planning Commission Said
Planning Commission suggested:
That SLBTS provide some warranty as to how
many beds SLBTS currently provides. Because
the Agreement supersedes any current count, the
current terms within the agreement were deemed
appropriate by Special Counsel.
When SLBTS has done all it needs to with the
156 beds on the Peninsula and is adding the
up to 48 beds outside of the Peninsula Zone,
SLBTS should be required to notify the City.
Language reflecting this suggestion is in Exhibit B
(A.4.).
What's Next
Tonight's Public Hearing and
If approved, 2nd Reading:
February 10, 2009
Is' Read i ng
Agreements take effect 30 days after
February 10, 2009
Interim caps apply;
SLBTS begins dispersal;
Case dropped, Selna injunction on Integral Facilities
dropped.
Letter sent asking HUD /DOJ to drop complaint.
Why this Agreement?
• Benefits to the community:
The agreement applies conditions on facilities specifically
excluded by the injunction — ADP - licensed "6 and Unders."
Without the Agreement, over 100 SLBTS beds are exempt, today,
now. 90 more are not far away from being exempt.
The Agreement stops SLBTS from opening multiple licensed 6
and Unders anywhere in the community.
No other community in the state has this protection.
The Agreement attains MORE than Ordinance 2008 -05 allows:
No parolees.
Dispersion and distancing.
Bed caps, and having the bed caps apply to ADP - licensed "6 and Unders"
Settles litigation in a way that:
Allows "integral facilities" to be applied again.
Allows rest of ordinance to stand to address other operators.
For More Information
City's website:
• www.city.newport- beach.ca.us then "Group
Homes"
• Staff report, both agreements are posted.
® E -mail or call City Staff
DI<iff(d�city.newport- beach.ca.us
949- 644 -3002
About the Exceptions
To the one building per block standard:
1 12 40th Street and 3960 -80 Seashore.
To the no homes on a street bordering another home
standard:
6 1 1 0 West Oceanfront will stay across an alley from 61 1 1 Seashore,
4711 Seashore will stay across the street (and down) from 4816
Seashore.
4500 -4504 Seashore will stay across the street (and down at the
corner) from 122 A &B 45th Street.
Each of these exceptions involve exempted homes, ie the status or
movement of one or more ADP - licensed homes exempted from the
ordinance by Judge Selna's injunction.
I
I\
40th Street,
39th Street
Authorized to Publish Advertisements of all kinds including public notices by
Decree of the Superior Court of Orange County, California. Number f7,j_4,� I,! D
September 29, 1961, and A -24831 June 11, 1963. ILJI jL
PROOF OF PUBLICATION 209
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
January 17, 2009
declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on January 20, 2009 at
Costa Mesa, California.
Signat
23 AM 9= 15
NOTICE OF PUBNC HEARING
ZONING AND PUBLIC
BENEFIT AGREEMENT WITH
SOBER LIVING BY THE SEA
NOTICE IS HEREBY GIV
EN that on Tuesday,
January 27, 2009, M
7:00 p.in. or thereafter,
I public hearing will be
conducted in the City
Council Chambers
(Building A) at 33DD
Newport Boulevard,
Newport Beach, Califor-
nia, The City Council of
the City of Newport
Beach will consider the
An application Tor ap-
proval of a Zoning and
Public Be n of it
A g r e e m e n t
('Agreement") between
So bar Living By The Sea
('SLBTS') and the City
of Newport Beach
('City'). The Agreement
entitles the operation of
residential care facilities
Ithe City while also
limiting number of beds
that SLBTS may operate
City -wide and within
West Newport, the Bal-
boa Peninsula, and Lido
Isle. The Agreement
places a cap on beds in
facilities otherwise not
subject to City reg-
ulation under state law.
The Agreement contains
operational standards
applicable to SLBTS' fa
cilities.
This activity has been
determined to be cate.
gorically exempt under
the requirements of the
California Environmental
Quality Act (CEQA) un
der Class i (Existin@
Facilities). This class of
projects has been deter
mined not to have a
significant effect on the
environment and ie
exempt from the provi
sions of CEQA: This ac
tivity, is also covered by
the general -rule that
r�
only to
have the
Busing a
ct on the
(of e the
Is). It can
i yathatrthis act vity will
have a significant effect
on the environment and
it is not subject to
CEQA.
All Interested parties
may appear and present
testimony in regard to
this application. if you
challenge this project in
court, you may be
limited to raising only
those issues you or
someone else raised at
the public hearing (de-
scribed in this notice)
or in written corre-
spondence delivered to
the City. at, or prior to,
the public hearing.
The agenda, staff 're-
port. and environmental
documents may be re-
viewed at the Planning
Department, City of
Newport Beach, 3300
Newport Boulevard,
Newport Beach. Califor-
nia, 92663 or at the City
of Newport Beach web -
site at www.city.
nowpart- haach.ca.us
on the Friday prior to
the hearing. For more
information, call (949)
644 -3002 or e-mail
dk)ff Oa city.newport-
beach.ce.us.
Activity No.: DA2008-
005
Leileal I. Brown
City Clerk
Published Newport
Beach /Costa Mesa Daily
Pilot January 17, 2009
Sa719