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HomeMy WebLinkAbout20 - After Acquired Evidence MemorandumAgenda Item No. 20 April 14, 2009 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY DATE: April 10, 2009 TO: Honorable Mayor a City Council FROM: David R. 'ty Attorney Matter: Newport oast Recovery Use Permit Appeal (A09- 00397) RE: After Acquired Evidence Staff has learned of issues related to the Newport Coast Recovery's operations since the close of the hearing before the Hearing Officer. They relate to treatment of minors at the facility in violation of Newport Coast Recovery's license. We have appended a copy of a memorandum from the Assistant City Manager as Attachment 5' summarizing the information that came into his possession. In addition, we have appended a'redacted copy of a Newport Beach Police Department report as Attachment 6 detailing a contact with the facility related to the issue. We provided counsel for Appellant, Steve Polin, Esq., notice of this evidence via email dated April 9, 2009 and a copy of the Police report today. We are submitting the information to the Council for consideration of its relevance as it relates to the hearing of the appeal. After acquired evidence is not part of the Hearing Record. It, therefore, is not relevant to your determination of the "substantial evidence" issue, which is determinative of the appeal that is before you. In order to be relevant to that issue, it had to be available to the Hearing Officer. By its nature, it was not, so you are faced with the question of what, if anything, to do with the evidence. We do not have any explicit provisions in our ordinance that govern the issue of such evidence. The only guidance we have, therefore, is existing law through analogy. The provisions of Code of Civil Procedure section 1094.5 are helpful. Subdivision (e) of section 1094.5 provides that if you determine the evidence (1) could not have been produced at the hearing on the use permit through the exercise of reasonable diligence and (2) it is relevant to the issue that was before the Hearing Officer, then you may remand the matter to the hearing officer for consideration of the evidence in relationship to his decision. You cannot, however, use the evidence to support a substantive decision on the appeal since it was not part of the Hearing Record before the Hearing Officer. We need your direction on what to do about this evidence. Your options are: 1. Determine findings (1) and/or (2) cannot be made, and thus, the evidence is not admissible on the issues at all and will not be considered; or We are using consecutive numbers from the Council Staff Report for numbering of the attachments. Memorandum to Council After Acquired Evidence April 10, 2009 Page: 2 2. Findings (1) and (2) can be made and the Hearing Officer needs to consider this evidence in the context of a decision on the merits of the application, and if so, remand'the matter to the Hearing Officer for its consideration in making his decision on the substance of the application; or 3. Findings (1) and (2) can be made but the evidence is not necessary to the decision on the application and you will decide the appeal on its merits now, either granting the appeal and overturning the Hearing Officer's decision or overruling the appeal and affirming the Hearing Officer's decision, without considering the after acquired evidence. M.a Attachment 5 — Newport Coast Recovery (1216 West Balboa) Appeal — Recently Acquired Information, April 8, 2009 Attachment 6 — Employees Report, Newport Police Department, March 31, 2009 Cc: Steve Polin, Esq. Chris Brancart, Esq. Dave Kiff, Assistant City Manager Kit Bobko, Special Counsel CITY OF NEWPORT BEACH MEMORANDUM TO: David Hunt, City Attorney FROM: Dave Kiff, Assistant City Manager Kit Bobko, Special Counsel DATE: April 8, 2009 RE: Newport Coast Recovery (1216 West Balboa) Appeal — Recently Acquired Information The following is a partial summary of information to which Mr. Kiff can personally attest. On or about late March 2009, a mother who claimed to have a 17 year -old child in treatment at Newport Coast Recovery ( "Appellant ") for cocaine addiction contacted staff. The information staff received from the boy's mother was troubling, and casts doubt upon whether the Appellant can properly manage this treatment facility. Among the troubling issues identified by staff: • Appellants knowingly accepted two minor boys for treatment at Newport Coast Recovery in apparent violation of their license from ADP (ADP officials told the City on Friday, April 3, 2009 that there is no record of Newport Coast Recovery having an `adolescent waiver" authorizing Newport Coast to treat adolescents); • There are allegations that one of the minors was instructed by Newport Coast Recovery Staff to lie about his age if asked; • One of the minor boys was taken off -site in another resident's personal vehicle, where the minor relapsed. The minor boy was then removed from Appellant's facility and taken to a sober living facility in Costa Mesa without notifying the child's parents; • When Newport Beach and Costa Mesa Police found the child, Newport Coast Recovery told the police that they would not take him back into their facility because he was a minor, effectively abandoning him. The boy's family is in Las Vegas, NV and Clovis, CA, and he had no means to get home; The Municipal Code states the standard of review for this appeal "shall not be de novo," and that the "City Council shall determine whether the findings made by the Hearing Officer are supported by substantial evidence presented during the evidentiary hearing." See NBMC §20.91A.040. The Code further states the City Council, acting as the appellate body, "may sustain, reverse or modify the decision of the Hearing Officer or remand the matter for further consideration, which remand shall include either specific issues to be considered or a direction for a de novo hearing." See NBMC §20.91A.040. Staff notes the Code does not include any provisions (or prohibitions) regarding the newly produced evidence that, through the exercise of reasonable diligence, could not have been produced at the Use Permit hearing. Because the Municipal Code prohibits the Council from conducting a de novo hearing, and because this newly acquired evidence bears directly upon the Applicant's ability to operate the facility, we recommend that: 1. Mr. Steven G. Polin, Appellant's counsel, be provided with this information and provided an opportunity to respond; 2. In light of the time required for the Appellant to respond, that the City Council be asked to remand this matter to the Hearing Officer pursuant to NBMC §20.91A.040 for further consideration of this "specific issue." 3. That the City Council be asked to require it be heard by some date certain, so that it can return for appeal promptly. NBPD Records Fax: Apr 9 2009 04:57pm 1002/003 EMPLOYEES REPORT Subject DR Number Newport Coast Recovery 09 02894 Date and Time Occurted Location of Oocurrenoe RD 3:31 -2009 1000 1216 W. Balboa Blvd. 13 7o:(Rank, t+ tame,Assignment,Division) Date and Time Reported Lt. Frinell 3-31 -2009 1000 Reportable Use of Force: 0 Yes IN No Vitt: Eric McCoy (Program Director, Newport Coast Recovery) 11/18/1973 35yrs 1216W. Balboa. Blvd. Newport Beach, CA. 92681 849- 723 -3155 714 - 756 -1300c On 03-31 -2009 at approximately 1000 hours; Sgt. Mark Hamilton and I resporxled to 1296 W. Balboa (Newport Coast Recovery) In reference to reports that the facility was treating minor children In violation of their DS3 license. The reporting party, Witnes� alleged that she sent her minor sort to the location for treatment. vWtates:that her son was fold to he about his age due to the factthat minors. Were not permitted at the.iocaWn. ONVOed a complaint with the City of Newport Beach, and we were requested to investigate. Upon arrival .at the location, we contacted Program Director Erie. McCoy. I aaw McCoy if1 >� was.a resident of the facility and he stated -1 oannot,00nf an or deny," 0* he is a resident of the facility: McCoy claimed all residents have confidentiality based upon medical privilege laws. W6 161d Mrcoy that wawere responding to a:comptaiiitthat ftfacilitty was housing I minor children, (urn 1$) fCSr the pur#xt df tnsiticai ttttnierit in vkttatn of their DSS �cense. W& seked `Mroy if there wrote currently any residents undprthe ap of'18 at his faolNty and he:sold °No, °5iera we none hers now." We.. asked McCoy if jahad been 'a resident and he. agaiir stated that he oould not confirm or deny'"y. partiarlar pe ons presence at the facility. MaCoy stated he had; been gone ore vacation and first recently returned. McCoy.didoonfirmAhat.there had beers minors to the far o while he was 9one,,buUW0s' unaEware of wha_authorrzetl rhea placement, M cCoy stated the minors had.since been removed frtaM11ie €sciti mil. r fumed to their parents vrittiin the past wee€e,, McCoy was advised not'tra house any minors baecause if violated state policy regarding his.pacf star tre&t "Orittacility. Apprteft- ID,Nty. o) ID P16: t Repnsduirad arxt t ;isirfbctt _ Cork [D* husteir 9271` N®PD Records Fax: Apr 9 1009 04:57pa P003/003 Continuation Sheet Pella N6. Type of Repay! aooking No. DR Number 2 Employees Report d9 -02894 On 03 -31 -2009 at approximately 15oo hours. Sgt. Hamilton and I responded back out to the Newport Coast Recovery at 1218 W. Balboa Blvd. We had received new information that the facility was still treating and housing minors contrary to what Wit McCoy had previously told us. We first contacted art unidentified male resident who claimed to live at facility. We asked him if he knew oq� minor) and he said "yes ". We asked the subject if "`as current a resident at the facility and he said °'yes ". The subject went on to tell us that removed from the facility on Saturday (3 -28-09) for disciplinary reasons. He said they moved �o a different facility in Costa Mesa. NFD We than recontacted Wit McCoy and asked him about McCoy confirmed as removed from the facilityand transferred to a Costa Mesa facility on Saturday. McCoy stated he had already attempted to contact the owner regarding the state violations regarding minors in the facility: McCoysakl was due to return today,.but he has since stopped the process of return based upon our previbius contact with him. it should :alsca be noted that we responded to thefeciifty twice and did: not observe any residents that appeared tabe under the ageO 18. MOCny 8190 Mated that there were not wourrently' any minors at the filittr;. ATTACHMENT 1 Appeal of Hearing Officer's Denial of Use Permit 1216 West Balboa Blvd. (Newport Coast Recovery, LLP) A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT BEACH DENYING WITH PREJUDICE USE PERMIT NO. 2008 -033 TO ALLOW AN EXISTING GROUP RESIDENTIAL USE TO CONTINUE AT 1216 WEST BALBOA BOULEVARD, NEWPORT BEACH, CALIFORNIA (PA 2008 -104) RESOLUTION NO. HO- 2009 -001 A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT BEACH DENYING WITH PREJUDICE USE PERMIT NO. 2008 -033 TO ALLOW AN EXISTING GROUP RESIDENTIAL USE TO CONTINUE AT 1216 WEST BALBOA BOULEVARD, NEWPORT BEACH, CALIFORNIA (PA2008 -104) WHEREAS, Ordinance No. 2008 -05 was adopted by the Newport Beach City Council on January 22, 2008, following noticed public hearings; and WHEREAS, the' adoption of Ordinance No. 2008 -05 amended the City of Newport Beach's Municipal Code (NBMC) relating to Group Residential Uses; and WHEREAS, Ordinance No. 2008 -05 added Chapter 20.91A to the NBMC. Chapter 20.91A sets forth a process by which existing group residential care facilities, except for state - licensed drug or alcohol treatment homes serving six or fewer clients and not operating integrally with other uses, must apply for use permits to remain in operation beyond February 2009; and WHEREAS, in order to allow an existing group residential care facility to remain in operation, a Hearing Officer must find, following a noticed public hearing, that all four of the findings identified in NBMC §20.91.035 (A) and all seven of the findings identified in §20.91A.060 can be met; and WHEREAS, Newport Coast Recovery, located at 1216 West Balboa Boulevard ( "Use Location ") in Newport Beach, California is today a group residential care facility in an apartment complex housing seven units that is a state - licensed alcohol or drug residential treatment home for up 29 persons (ADP License No. 300156AP); and WHEREAS, Newport Coast Recovery ( "Use") applied for Use Permit No. 2008- 033 to continue its operations as an 18 bed facility under Ordinance No. 2008 -05 within the applicable time period, and a noticed public hearing was .held on Monday, December 8, 2008, at the Newport Beach City Council Chambers where public testimony was taken, including testimony from the applicant, and this hearing was continued to Monday, January 12, 2009, also at the Newport Beach City Council Chambers where more public testimony was received including testimony from the applicant; and WHEREAS, both hearings were presided over by Thomas W. Allen, Hearing Officer for the City of Newport Beach; and WHEREAS, the Use Location is within the Nonstandard Subdivision Area as defined by Ordinance No. 2008 -05; and NCR 00582 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Pace 2 of 12 WHEREAS, proximate to the Use Location are the following uses referred to in NBMC §20.91A.060 (0): 1. Within 300 feet Balboa Horizons Recovery Services (11 bed licensed treatment facility located at 1132 West Balboa Boulevard, with an approved use permit) is one block east of the Use Location, on the same side of the street. 2. Within 300 feet and across the street Newport Elementary School for students in grades Kindergarden through 5v' grade at located 1327 West Balboa Boulevard. 3. Within 750 feet: Christ Church's large (44 children capacity) state- licensed day care center located at 1400 West Balboa Boulevard. 4. Within 1250 feet Outlets for alcoholic beverages are the American Legion Hall located at 215 W. 151h Street and Fry's Market located at 115 E. 15"' Street. NOW THEREFORE BE IT RESOLVED: Section 1. That Finding No. 3 of NBMC §20.91.035 (A) can be made for the following reasons: NBMC §20.91.035 (A) Finding No. 3: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. The facility, as conditioned through a use permit, would comply with the operational standards of 20.91A.050 of the NBMC, as outlined in Findings A and B of the NBMC §20.91A.060 and as described in Section 2 below. Section 2. That Findings A - C and Findings E - G of NBMC §20.91A.060 can be made for the following reasons: NBMC §20.91A.060 Finding A: The use conforms to all applicable provisions of Section 20.91A-050. These development and operational standards are summarized as follows: 1. No secondhand smoke can be detectable outside the property. The facility's current operational regulations restrict smoking to designated areas within a courtyard area of the facility. The courtyard area is enclosed on all sides by walls but is open to the sky. Smoking outside of the limits of the enclosed courtyard area is prohibited. NCR 00583 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Paqe 3 of 12 2. Operations of the facility must comply with state and local law, and the submitted management plan, including any modifications required by this Use Permit The operations of this facility are in compliance with the State ADP license, and. as conditioned with approval of a use pemtit for the facility, would. be required to comply with the approved management plan. Approval of a'use permit for the facility would include a condition of approval requiring that the applicant obtain an amended State ADP license to allow a maximum of 14 residents and that within 60 days of the issuance of a use permit, the applicant confirm, in writing and with such information presented to the City, that the counseling of familial members not in residence at 1216 West Balboa Boulevard is acceptable under the terms of the current ADP license and any future ADP license. 3. A contact name and number must be provided to the City. Appropriate names and contact information numbers are provided within the application. Approval of a use permit for the facility would include a condition of approval requiring the applicant to provide the City with the appropriate .after hours" names and contact information numbers. 4. No services requiring a license can be provided if the facility does not have a license for those services. The operation plan for the facility provides that only those services permitted by the facility's ADP license are performed within the facility. 5. There shall be no more than two persons per bedroom plus one additional resident, unless a greater occupancy is requested and granted. Occupancy must also comply with State licensing if applicable. The facility is licensed for a maximum occupancy of 29 residents. The facility contains 9 bedrooms currently occupied by two persons per bedroom for a total of 18 residents. Approval of a use permit for the facility would include a condition of approval requiring the applicant to obtain an amended ADP license establishing a maximum resident occupancy in treatment of 14 persons, the equivalent of two persons per dwelling unit. This occupancy is consistent with the residential occupancy design of the building and the occupancy standards of NBMC Section 20.91A.050. 6. If certification from an entity other than ADP's licensing program is available, applicants must get that certification. NCR 00584 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Page 4 of 12 Approval of a use permit for the facility would include a condition of approval requiring the applicant to consider the merits of additional certification available to it, including but not limited to an Orange County Adult Alcohol and Drug Sober Living certification. 7. All individuals and entities involved in the facility's operation and ownership must be disclosed. All employees and management personnel have been disclosed in the application documentation. 8. No owner or manager shall have any demonstrated pattern of operating similar facilities in violation of the law. According, to information provided in the application documentation the owners and managers of the facility do not own or operate any other similar facility in the City of Newport Beach or in the State of California, and there is no known record of state violations associated with the facility's operations. The facility's State of Califomia ADP license is in good standing and is .valid until January 31, 2010. While residents submitted evidence that the same operator managed an unlicensed adult recovery maintenance facility at 1219 West Balboa for a period of time, the City is not aware that this facility, which did nbt provide treatment onsite, was operated in violation of the law. NBMC §20.91A.060 Finding B: The project includes sufficient on -site parking for the use, and traffic and transportation impacts have been mitigated to a level of insignificance. The NBMC requires off - street parking and. loading spaces for a residential care facility at a ratio of one space for every three beds. The facility provides a total of six off -street parking spaces; and therefore, would meet the NBMC requirements for off - street parking for 14 beds with the exception of weekend family counseling sessions as discussed below. Residents completing their first phase of treatment, which includes 30 days of residency, are not allowed to have personal vehicles. Clients completing their second and third phase of treatment, which includes an additional 30 to 60 days of residency, are permitted have their personal vehicles at the facility if determined by the facility operator to be necessary (i.e. for use driving to and from work). Newport Coast Recovery conducts regular family counseling sessions on weekends. Familial counseling for non - residents, while being an important part of the recovery of resident clients, can significantly impact on- street parking during busy weekends on the Balboa Peninsula. The use of on -street parking by NCR 00585 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Pasre 5 of 12 the facility on weekends impacts the availability of on- street parking for use by residents of the neighborhood. This finding could be made if a condition of approval is made part of the Use Permit requiring the applicant to : (1) purchase one master parking permit from the City to use for on- street parking by each client who is permitted to drive his personal vehicle to and from the facility; and (2) restrict the number of clients who reside at 1216 West Balboa who are permitted to have personal vehicles; (3) require that all on -site spaces remain permanently clear and open for parking; (4) require all staff members to use'the on -site parking for personal cars and transport vans; and (5) regulate family counseling activities including prohibiting family members from using on- street parking when visiting the facility and requiring either the use of on -site parking by family members visiting the facility or the use by family members of alternative transportation modes to and from the facility. NBMC §20.91A.060 Finding C: The property and existing structures are physically suited to accommodate the use. The building is similar to many other residential structures along West Balboa Boulevard constructed on a lot parcel that measures approximately 62 feet wide by 100 feet deep. The building was constructed in 1949 when the subject property was zoned R -3. The property was later rezoned to an R -2 District in 1989 along with other properties in the area. As a result, the structure is nonconforming structure permitted to continue subject to the provisions of Chapter 20.62, °Nonconforming Structures and Uses," of the NBMC. The City of Newport Beach Fire Department is the responsible agency for implementing fire protection of all group residential care facilities and residences. The subject property has an approved fire clearance from the City of Newport Beach Fire Department dated June 6, 2004, for a maximum occupancy of 29 residents, as well as staff. Separate from the use permit process, the applicant may be required to conduct an architectural code analysis of the facility to determine if the facility complies with existing current Building Codes for this occupancy type, or the Building Codes existing at the time the facility was initially issued a "fire clearance." NBMC §20.91A.060 Finding E: The operation of buses and vans to transport residents to and from off -site activities does not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding area. A facility van provides transportation for the residents on a weekly schedule dispersed within the day and among the days of the week so that van transportation is not concentrated during peak traffic times. Van loading and NCR 00586 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Page 6 of 12 than the narrower alley access at the rear of the building. Approval of a use permit would include a condition of approval restricting loading and unloading of transportation van passengers to occur within open parking spaces along West Balboa Boulevard and prohibiting van drivers from stopping or double- parking in a traffic lane. NBMC §20.91A.060 Finding F: Arrangements for delivery of goods are made within the hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. Business products and other packages and goods are delivered to the facility's business office located off -site. From this location, goods are delivered by staff members to the facility during weekdays between the hours of 9:00 a.m. to 5:00 p.m. These days and hours for deliveries are consistent with normal working hours and as such are compatible with and will not adversely affect the peace and quiet of neighboring properties. NBMC §20.91A.060 Finding G: Arrangements for commercial trash collection in excess of usual residential collection are made within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. The applicant contracts with a commercial waste management company which collects trash twice a week on weekdays between the hours of 9:00 a.m. and 5:00 p.m. The hours of trash collection are within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. Section 3. That Findings Nos. 1, 2, and 4 of NBMC §20.91.035 (A) cannot be made for the following reasons: NBMC §20.91.035 (A) Finding No. 1: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. This proposed project is only partially in accord with the objectives of this code and the purposes of the district in which the site is located. The subject property is located in an. R -2 District, and the proposed use as a residential care facility is a nonconforming use. Nonconforming uses in a residential district are subject to the provisions of Chapter 20.91A of the NBMC. The proposed application for Use Permit 2008 -033 is in accord with the objectives and requirements of Chapter 20.91A with respect to the requirement for the submittal of an application for approval of a use permit to continue the use of the subject property as a residential care facility in the R -2 District. NCR 00587 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Paqe 7 of 12 The objectives of the code include provisions intended to reduce, through the use permit process, the potential for overconcentration of residential care facilities within a neighborhood and to protect public health, safety, peace, morals, comfort, or welfare of persons residing or working In or adjacent to the neighborhood of such use. The intensity of the use, if limited to 14 residents housed in 9 bedrooms with 2 persons per bedroom, would be consistent with a typical residential population factor of two persons per dwelling unit in the R -2 District and the surrounding properties within the R -2 District. However, the subject property's proximity to another residential pre facility at 1132 West Balboa Boulevard, to a large state - licensed day care facility at 1400 West Balboa Boulevard, to Newport Elementary School, and to facilities either selling or serving alcoholic beverages makes the proposed use incompatible with the surrounding residential character of the neighborhood. The discussion of incompatibility of the proposed use with the surrounding residential neighborhood is discussed in detail in Section 4 of this Resolution. The proposed location of the use is not in accord with all of the objectives of this code and the purposes of the district in which the site is located due to the proximity of the proposed use to another residential care facility at 1132 West Balboa Boulevard, to Newport Elementary School, to the large state - licensed day care facility, and to alcoholic beverage sales and service facilities; and therefore, this finding cannot be made. NBMC §20.91.035 (A) Finding No. 2: That the proposed location of the use permit and the proposed conditions under which. it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. General Plan policy LU 6.2.7 directs the City to regulate day care and residential care facilities to the maximum extent allowed by federal and state law so as to minimize impacts on residential neighborhoods. Approval of a use permit for the facility would include conditions regulating the use and operational characteristics related to curfew hours, smoking, transportation of clients off -site, trash collection, delivery of goods, and types of services provided; however, the continued use of the subject property as a residential care facility in this location would be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the facility. Testimony by an adjacent neighbor and other area residents includes statements that residents at this facility have been disrespectful to others in the neighborhood, including playing music loudly despite frequent requests not to do so, littering, using profanity, and allowing excessive secondhand smoke to NCR 00588 City of Newport Beach Nearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Paoe 8 of 12 permeate adjacent residences. From this testimony, it does not appear to the City staff that the operator can adequately control the facility s caseload of clients in a manner that allows the neighbors to have quiet enjoyment of their properties. The subject property is proximate (within 300 feet) to Newport Elementary School located at 1327 West Balboa Boulevard and proximate (within 750 feet) to Christ Church by the Sea's Children's Center, a large day care facility licensed by the State of California Department of Social Services located at 1400 West Balboa Boulevard with a capacity of 44 children. These facilities could be affected by the use due to residents of Newport Coast Recovery using the open recreational area associated with Newport Elementary School and the potential for residents of Newport Coast Recovery to loiter, smoke, and engage in offensive and disruptive behaviors incompatible with nearby school and daycare uses. NBMC §20.91.035 (A) Finding No. 4: If the use Is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. This proposed project is only partially consistent with the purposes'specified in Chapter 20.91A and does not conform to all the requirements of that Chapter. The subject property is located in an R -2 District, and the proposed use as a residential care facility is a nonconforming use. Nonconforming uses in a residential district are subject to the provisions of Chapter 20.91A of the NBMC. The proposed application for Use Permit No. 2008 -033 is in accord with the purpose and requirements of Chapter 20.91A with respect to the requirement for the submittal of an application for approval of a use permit to continue the use of the subject property as a residential care facility in the R -2 District. The intended purpose of the code is to maintain the residential character of the neighborhood within which a facility is located, to reduce the potential for overconcentration of residential care facilities within a neighborhood, and to protect public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to, the neighborhood of such use. The placement of more than one residential care facility per median block length in the densely populated mid - Balboa Peninsula area creates a strong likelihood of change to the character of the residential neighborhood and would result in an overeoncentration of residential care facilities within the neighborhood. It is appropriate to apply the American Planning Association standard to this application. The use is located in the mid - Balboa Peninsula area which is a part of the Nonstandard Subdivision Area. Inasmuch as §20.91A.060 (101.3.) indicates median block lengths in different areas of Newport Beach widely range from 300 NCR 00589 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA200 8-104) Paoe 9 of 12 Balboa Peninsula area where this use is located. The calculable median block length of 617 feet is hereby established for purposes of the mid - Balboa Peninsula area. The term "block" means an area bounded by streets, per Ordinance No. 2008 -05 (Section 20.03.030). In this case, Balboa Boulevard is a major street that is a sufficient dividing line between each side of Balboa Boulevard. However, the Hearing Officer can extend beyond smaller streets like le and 11th Streets in an effort to "eliminate the differences in block lengths" per Section 20.91 A.060 (D.3.) to achieve a 617 -foot block standard. Within the 617 -foot block where the proposed use is located there is already one 11 bed residential care facility (Balboa Horizons). The proposed use located at 1216 West Balboa Boulevard, within the same block as Balboa Horizons, would result in an overconcentration of residential pre facilities within the neighborhood. The subject property's proximity to another residential care facility at 1132 West Balboa, to a large state - licensed day pre facility at 1400 West Balboa, to Newport Elementary School, and to facilities either selling or serving alcoholic beverages makes the proposed use incompatible with the surrounding residential character of the neighborhood. The discussion of incompatibility of the proposed use with the surrounding residential neighborhood is discussed in detail in Section 4 of this Resolution. The proposed location of the use is only partially consistent with the purpose of the code and does not conform to all the requirements of Section 20.91Ai and therefore, this finding cannot be made. Section 4. That Finding D of NBMC §20.91A.060 cannot be made for the following reasons: NBMC §20.91A.060 Finding D: The use will be compatible with the character of the surrounding neighborhood, and the addition or continued maintenance of the use will not contribute -to changing the residential character of the neighborhood, such as creating an overconcentration of residential care uses in the vicinity of the proposed use. In making this finding or sustaining such a finding, the Hearing Officer shall consider, as appropriate, the following factors: The proximity of the use location to schools, parks, other residential care facilities, outlets for alcoholic beverages and any other uses which could be affected by or affect the operation of the subject use; 2. The existence of substandard physical characteristics of the area in which the use is located such as lot widths, setbacks, narrow. streets, limited available parking, short blocks, and other substandard characteristics which are pervasive in certain areas of the City of Newport Beach, including portions of West Newport, Lido Isle, Balboa NCR 00590 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Paae 10 of 12 2. The existence of substandard physical characteristics of the area in which the use is located such as lot widths, setbacks, narrow streets, limited available parking, short blocks, and other substandard characteristics which are pervasive in certain areas of the City of Newport Beach, including portions of West Newport, Lido Isle, Balboa Peninsula, Balboa Island, Corona del Mar and Newport Heights, which. portions were depicted on a map referred to as the Nonstandard Subdivision Area presented to the Newport Beach' Planning Commission on September 20, 2007 and on file with the Director of Planning; and 3. Whether, in light of the factors applied in subsections 20.91A.D.1 and D.2, it would be appropriate to apply the American Planning Association standard of permitting one or two such uses per block. Median block lengths in different areas of Newport Beach widely range from 300 feet In the Nonstandard Subdivision Areas to as much as 1,422 feet in standard subdivision areas. The average calculable block length In much of the standard subdivision areas is 711 feet and the calculable median block length is 617 feet The "Hearing Officer shall apply the American Planning Association standard in all areas of Newport Beach in a manner that eliminates the differences in block lengths. In making this determination, the hearing officer shall be guided by average or median block lengths in standard subdivisions of the City. The Hearing Officer shall retain the discretion to apply any degree of separation of uses, which he or she deems appropriate In any given case. A copy of the American Planning Association standard is on His with the Director of Planning. The subject property is proximate (within 300 feet) to Newport Elementary School located at 1327 West Balboa Boulevard, and proximate (within 750 feet) to Christ Church by the Sea's Children's Center, a large day care facility licensed by the State of California Department of Social Services located at 1400 West Balboa Boulevard with a capacity of 44 children. These facilities could be affected by the use due to residents of Newport Coast Recovery using the open recreational area associated with Newport Elementary School and the potential for residents of Newport Coast Recovery to loiter, smoke, and frequently engage in offensive and disruptive behaviors incompatible with nearby school and daycare uses. The subject property is proximate (within 1250 feet) to two outlets for.alooholic beverages (American Legion Hall at 215 15"' Street and Fry's Market at 115 15th Street) both within walking distance from the facility which allows residents of the use convenient access to alcohol sales and service which can affect the ability of the use to fully operate as an alcohol rehabilitation facility. NCR 00591 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Page 11 of 12' . It is appropriate to apply the American Planning Association standard to this application. The use is located in the mid - Balboa Peninsula area which is a part of the Nonstandard Subdivision Area. inasmuch as §20.91A 060 (D.3.) indicates median block lengths in different areas of Newport Beach widely range from 300 feet in the nonstandard subdivision areas to as much as 1,422 feet in standard subdivision areas, the Hearing Officer may establish a block length for the mid - Balboa Peninsula area where this use is located. The calculable median block length of 617 feet is hereby established for purposes of the mid - Balboa Peninsula area. The term "block" means an area bounded by streets, per Ordinance No. 2008 -05 (Section 20.03.030). In this case, Balboa Boulevard is a major street that is a sufficient dividing line between blocks on each side of Balboa. However, the Hearing Officer can extend beyond smaller streets like 12th and 11th Streets in an effort to "eliminate the differences in block lengths" per Section 20.91A.060 (D.3) to achieve a 617 -foot standard. The placement of more than one residential care facility per median block length in the densely populated mid - Balboa Peninsula area creates a strong likelihood of change to the character of the residential neighborhood. Within the 617 -foot block where this use is located there is already one 11 bed residential care facility (Balboa Horizons). Section 5. The Hearing Officer hereby denies with prejudice Use Permit No. 2008 -033. Section 6. The action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. NCR 00592 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Page 12 of 12 PASSED, APPROVED, AND ADOPTED this 0 day of February, 2009.. By: 2L4 t k Thomas W.. Alen, Hearing Officer ATTEST: n _ NCR 00593 ATTACHMENT 2 Appeal of Hearing Officer's Denial of Use Permit 1216 West Balboa Blvd. (Newport Coast Recovery, LLP) Appeal Notification; Application of Appeal Decision of the Hearing Officer February 4,-2009 APPEAL NOTIFICATION 11 M lebAd ALw.4,0 owner or operator of 'd"M'WJ r6ml &VIT her . eby file, this appeal of the City of Newport Beach' Hearing Officer's decision on day .Qom/ Z9,3 -- relating to the facility noted alcove. t Signature Date Date Stamp CITY OF NEWPORT BEACH APPLICATION TO APPEAL DECISION OF THE HEARING OFFICER Project No. PA Application No. Name of Appeltant r1eu C urr Phone NY- K %.3 701 % SiteAdc1ress l,2 /H Cti � bdrt (7/f/Pj . Date of Hearing Officer's decision IA, 2009 Name of (Desdription of application filed with Hearing Officer) Reasons for Appeal U Cie r -C c rVGP,U-/-,- Received by Fee received gate .FOR OFFICE .USE ONLY for Hearing Date An. appeal shall be scheduled for a hearing before the City Council within sixty (60) days of the filing of the appeal unless both applicant and appellant or reviewing body consent to a later date (NBMC Sec. 20.96:06Q). NOTE: Please submit: 11x17 set.of:plans —12 each One set of mailing labels (Avery 5960) for property owners within 300 ft, radius of subject property APPEALS: Municipal Code Sec. 20.95 Appeal Fee: $1,550.00 pursuant to City Council Resolution 2008-79 (Deposit funds with Cashier in Account $2700 -5000) F:1Users1PLNGSharedTormsWPPEAL )Appeal- Hearing OYcer.doo Revised 0.2-04-0.9 bb Agenda Item No. 20 April 14, 2009 Attachment 3 CITY OF NEWPORT BEACH MEMORANDUM TO: Mayor and Members of the City Council FROM: Dave Kiff, Assistant City Manager Janet Brown, Associate Planner DATE: April 8, 2009 RE: Newport Coast Recovery (1216 West Balboa) Appeal — Staff Analysis and Recommendation Regarding Hearing Officer's Decision The two of us were present and served as staff (along with contract planner Debby Linn) for Hearing Officer Tom Allen's decision on the Use Permit request by Newport Coast Recovery (1216 West Balboa). These hearings were held on December 8, 2008 and January 12, 2009. The hearing officer decided that the Use Permit be denied. This memorandum includes: (1) a discussion of the Use Permit Hearings and the Hearing Officer's decision on January 12, 2009; and (II) staffs analysis of the two arguments made by the appellant in his appeal. On the first item, we conclude that there is substantial evidence in the record to support the Hearing Officer's decision. On the second item, we offer our responses to the appellant's arguments for the Council's consideration. USE PERMIT HEARINGS AND HEARING OFFICER'S DECISION In order for a hearing officer to issue a Use Permit to allow an existing group residential care facility to remain in operation, he or she must be able to make each one of eleven (11) findings following a noticed public hearing. He or she must find that all four of the findings identified in NBMC §20.91.035 (A) and all seven of the findings identified in §20.91A.060 can be met. These findings are summarized in the Findings Chart at the end of this memorandum. As shown in the Resolution of Denial (see Attachment 1 to the staff report), the hearing officer made seven (7) of the 11 required findings. This memorandum does not discuss those findings, because they are presented in the Resolution. The remaining four are discussed herein: #1 — NBMC §20.91.035 (A) Finding No. 1: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. HEARING OFFICER DETERMINATION: This finding cannot be made. Discussion. The context that the Hearing Officer used in regards to this finding (that the proposed use is in accord with the objectives of this code) was the location of Newport Coast Recovery on the Peninsula. We gave him information to show that these uses, each of which are called out in NBMC §20.91A.060(D) are proximate to Newport Coast Recovery and could be affected by or affect the operation of the subject use: City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659 -1768 Newport Coast Recovery — Hearing Information April 9, 2009 Page 2 • Within 300 feet: Balboa Horizons Recovery Services (11 bed licensed treatment facility located at 1132 West Balboa Boulevard, with an approved use permit) is one block east of the Use Location, on the same side of the street. • Within 300 feet and across the street: Newport Elementary School for students from Kindergarten through 5th grade at located 1327 West Balboa Boulevard. • Within 750 feet: Christ Church's large (44 children capacity) state - licensed day care center located at 1400 West Balboa Boulevard. • Within 1250 feet: Outlets for alcoholic beverages are the American Legion Hall located at . 215 W. 15th Street and Fry's Market located at 115 E. 15"' Street. • Within 500 feet: Ocean Recovery's Men's Facility (ADP - licensed for 22 persons, 1115 West Balboa). This facility is currently in the Use Permit process. • Within 40 feet: Ocean Recovery's pending `6 and Under" ADP - licensed facility for women dually- diagnosed with eating disorders and alcohol or drug dependency at 1217 West Bay. The Hearing Officer determined that 1216 West Balboa's proximity to Balboa Horizons, to Christ Church's state - licensed day care, to Newport Elementary School, and to facilities either selling or serving alcoholic beverages made the use incompatible with the surrounding residential character of the neighborhood. Diagram A on Page 3 shows the proximity of other uses. Staff believes that the information in the record is supportive of the Hearing Officer's determination that the proposed use would be incompatible with the surrounding residential character of the neighborhood, and therefore his determination that this first Finding could not be made is justified by the record. #2 — NBMC §20.91.035 (A) Finding No. 2: That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. HEARING OFFICER DETERMINATION: This finding cannot be made. Discussion. The Hearing Officer, as well as staff, viewed aspects of this Finding as being similar to Finding #1 above. As discussed in the Resolution of Denial, the City's General Plan policy LU 6.2.7 directs the City to regulate day care and residential care facilities to the maximum extent allowed by federal and state law so as to minimize impacts on residential neighborhoods. Approval of a use permit for the facility would include conditions regulating the use and operational characteristics related to curfew hours, smoking, transportation of clients off -site, trash collection, delivery of goods, and types of services provided; however, the continued use of the subject property as a residential care facility in this location would be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the facility. Newport Coast Recovery - Hearing Information April 9, 2009 Page 3 Diagram A — Newport Coast Recovery's Location Map American Legion Christ Church Ocean Recovery Fry's • ^ N x N Newport Elementary / r. Ocean Recovery i NC Recovery Vlq l /pO SOLO Balboa Horizons h bq S glcW h o �qNF h O �NTq 2 Cf'q NF. (1 FY N n Neighbors and residents testified at the public hearings that: Traffic generated by this use is excessive (Bacich, 12- 08 -08, at page 41, lines 15 -18 — `7 have been in the garage working, and in a 45- minute period, there [sic] was 18 vehicles that came up [to Appellant's property]. And several of them were white vans, so they must have been picking up [residents] quite frequently'); (Bacich 01- 12 -09, Page 23, lines 24 -25, page 24, lines 1 -5 — "One Saturday, while we worked in the garage over there when we were turning tenants, we counted, 1 believe, 16 — I have it written down somewhere at home — 16 vehicles coming and going in a couple -hour period from the back alley [behind Appellant's property]'). • The Applicant's vehicles block alleyways and driveways (Bacich, 12- 08 -08, Page 41, at lines 20- 22 — And sometimes there would be multiple cars blocking the alleyway while people ran in and out. So the car transport is a factor); (Schoonover, 12- 08 -08, Page 61, lines 7 -11 —'They bring your vans over, drop off all their residents right in front of my house. The van also stops right in front of my property, which blocks my tenants from getting out of the garage, in and out'). Newport Coast Recovery — Hearing Information April 9, 2009 Page 4 The Applicant uses the neighbors' trash cans when their own are full, and residents at the facility litter the neighborhood with cigarette butts (Bacich, 12- 08 -08, Page 42, lines 10 -16 — `They do have trash pick -up, but somehow we always seem to get cigarettes and different things in the trash cans of our tenants ... (O]ne of the [sic] time we were working at our place, and opened up - - because all the trash cans were full, and one as full as the lasagna and probably a couple - - hundreds of cigarettes butts'); The Applicant has a history of doing work without permits, jeopardizing the safety of residents and neighbors, particularly given the "zero lot lines" in this neighborhood (Myers, 12- 08 -08, Page 56, lines 7 -22 — "what they were doing is converting one of the garages into - - originally it was a gym. Now, I guess, it's a laundry room or whatever. But they were actually moving a gas pipe to a washer and dryer without the proper City permits. So that type of information, in addition to, you know, the smoking and everything else, and the proximity of our houses, gives me an extreme amount of uneasiness. Because there is a potential - - not potentiality, but there is a probability of fire, and it actually occurred at that facility'); Profanity spoken by residents of NCR and profanity in music played loudly at NCR (Myers, 12- 08-08, Page 57, lines 10 -12 — "I mentioned earlier about my two young kids, ages 9 and 7. Well, there's constant profanity that occurs from the facility'); (Myers, 01- 12 -09, Page 29, lines 5 -9 -- So our lot is, what, 30 by 90. So, 90 -plus feet away, my house is shaking from this music. The music was full of profanity. I donY even know if it's rap. It was just hideous music and profanity and everything'); (Schoonover, 12- 08 -08, Page 61, line 25, Page 62, line 1 — 'They use profanity all day long'); Secondhand smoke (Myers, 01- 12 -09, Pages 31, lines 21 -25, Page 32, line 1 -3); Schoonover, 12- 08 -08, lines 12 -14 — Also, there's continuous, continuous smoking. I mean, there's clouds and clouds of cigarettes"). • Tenant Impacts. Additionally, the neighbor whose duplex abuts Appellants' complained that he had lost tenants because of the noise and profanity coming from Newport Coast Recovery. The loss imposed a direct financial burden on him. (Myers, 12- 08 -08, Page 63, lines 5 -7 — "I've lost tenants in my rental unit because of the proximity and the noise and profanity coming from this place. So I've had a financial burden). The citations above refer to certified transcripts of the two hearings for Newport Coast Recovery, held December 8, 2008 and January 12, 2009. From this testimony, it did not appear to the City staff that the operator can adequately control the facility's ADP - allocated caseload of clients (29) in a manner that allows the neighbors quiet use and enjoyment of their homes. While staff recommended that the Hearing Officer consider a condition limiting the client caseload to fourteen (14), the facility has been operating at this lower level (or below) for a significant period of time. Neighbors' testimony led the Hearing Officer to believe that, even at a lower bed count, the Applicant may not be capable of properly managing the facility. Further, and as noted, the subject property is proximate (within 300 feet) to Newport Elementary School located at 1327 West Balboa Boulevard and proximate (within 750 feet) to Christ Church by the Sea's Children's Center, a large day care facility licensed by the State of California Department of Social Services located at 1400 West Balboa Boulevard with a capacity of 44 children. These facilities could be affected by the use due to residents of Newport Coast Recovery using the open recreational area associated with Newport Elementary School and the potential for residents of Newport Coast Recovery to loiter, smoke, and engage in offensive and Newport Coast Recovery— Nearing Information Apni 9, 2009 Page 5 disruptive behaviors incompatible with nearby school and daycare uses. In fact, one 35 -year Newport Beach resident testified she believed the conditions in the neighborhood had deteriorated so substantially that she removed her children from Newport Beach Elementary. (Deininger, 12- 08 -08, Page 44, lines 1 -6 ("Mr. Allen: 'You took your children out of Newport. Elementary because of the conduct of the - -'Ms. Deininger. Because of the atmosphere there.' Mr. Allen: - rehab facilities ?' Ms. Deininger: Yes. "). Staff believes the information in the record supports the Hearing Officer's determination that the operator's inability to effectively manage and control the proposed use would: (a) adversely impact the neighbors' quiet use and enjoyment of their homes; as well as (b) negatively affect other nearby uses. Staff believes the Hearing Officer's determination is justified by the record. #3 — NBMC §20.91.035 (A) Finding No. 4: If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. HEARING OFFICER DETERMINATION: This finding cannot be made. Discussion. The Hearing Officer's discussion of this Finding centers on NBMC §20.91A.060 (D) again, similar to Finding #1. Staff concluded it was appropriate to apply the American Planning Association's ( "APA ") standard to this application. The APA Standard reads as follows: "Finding #5. Community residences should be scattered throughout residential districts rather than concentrated in any single neighborhood or on a single block. For a group home to enable its residents to achieve normalization and integration into the community, it should be located in a normal residential neighborhood. If several group homes were to locate next to one another, or be placed on the same block, the ability of the group homes to advance their residents' normalization would be compromised. Such clustering would create a de facto social service district in which many facets of an institutional atmosphere would be recreated and would change the character of the neighborhood. "Normalization and community integration require that persons with disabilities be absorbed into the neighborhood's social structure. The existing social structure of a neighborhood can accommodate no more than one or two group homes on a single block (emphasis added). Neighborhoods seem to have a limited absorption capacity for servicedependent people that should not be exceeded. Social scientists note that this level exists, but they can't quite determine a precise level. Writing about servicedependent populations in general, Jennifer Wolch notes, 'At some level of concentration, a community may become saturated by services and populations and evolve into a servicedependent ghetto." From the APR's Policy Guide on Community Residences, September 22, 1997 The City has incorporated the APA Standard of "no more than one or two group homes on a single block" into NMBC §20.91A.060 (D)(3)). The Hearing Officer's next determination in this discussion was to figure out what constitutes a block. Newport Coast Recovery is located in the mid - Balboa Peninsula area which, as defined by NBMC §20.91A.060 (D)(2) is a part of the Nonstandard Subdivision Area characterized by properties with short setbacks and short blocks. Per NBMC §20.91A.060 (13)(2), the Hearing Officer can establish a block length for the mid - Balboa Peninsula area. He chose a median block length of 617 feet, as he was permitted to do per NMBC §20.91A.060 (D)(3). Newport Coast Recovery— Hearing Information April 9, 2009 Page 6 While the NBMC defines a block as an area bounded on all sides by streets (NBMC §20.03.030), the Hearing Officer may use NMBC §20.91A.060 (D)(3) to extend a block beyond smaller streets like 12"' and 11`h Streets in an effort to "eliminate the differences in block lengths" to achieve a 617 -foot block standard. He did so in this instance, as follows below. During the hearing, the Hearing Officer noted that within the 617 -foot block where the proposed use is located there is already one 11 -bed residential care facility (Balboa Horizons). He then found that the proposed use located at 1216 West Balboa Boulevard, within the same extended 617' block as Balboa Horizons, would result in an overconcentration of residential care facilities within the neighborhood. He used this information to direct staff to prepare a resolution that this overconcentration showed the proposed use was inconsistent with the purposes specified in Chapter 20.91A and would not conform to all requirements of that Chapter. #4 - NBMC §20.91A.060 Finding D: The use will be compatible with the character of the surrounding neighborhood, and the addition or continued maintenance of the use will not contribute to changing the residential character of the neighborhood, such as creating an overconcentration of residential care uses in the vicinity of the proposed use. In making this finding or sustaining such a finding, the Hearing Officer shall consider, as appropriate, the following factors: The proximity of the use location to schools, parks, other residential care facilities, outlets for alcoholic beverages and any other uses which could be affected by or affect the operation of the subject use; 2. The existence of substandard physical characteristics of the area in which the use is located such as lot widths, setbacks, narrow streets, limited available parking, short blocks, and other substandard characteristics which are pervasive in certain areas of the City of Newport Beach, including portions of West Newport, Lido Isle, Balboa Peninsula, Balboa Island, Corona del Mar and Newport Heights, which portions were depicted on a map referred to as the Nonstandard Subdivision Area presented to the Newport Beach Planning Commission on September 20, 2007 and on file with the Director of Planning; and 3. Whether, in light of the factors applied in subsections 20.91A.D.1 and D.2, it would be appropriate to apply the American Planning Association standard of permitting one or two such uses per block. Median block lengths in different areas of Newport Beach widely range from 300 feet in the Nonstandard Subdivision Areas to as much as 1,422 feet in standard subdivision areas. The average calculable block length in much of the standard subdivision areas is 711 feet and the calculable median block length is 617 feet. The Hearing Officer shall apply the American Planning Association standard in all areas of Newport Beach in a manner that eliminates the differences in block lengths. In making this determination, the hearing officer shall be guided by average or median block lengths in standard subdivisions of the City. The Hearing Officer shall retain the discretion to apply any degree of separation of uses, which he or she deems appropriate in any given case. A copy of the American Planning Association standard is on file with the Director of Planning. Discussion. The Hearing Officer's interpretation of this fourth Finding mirrored that of the previous finding, and staff does not believe it necessary to restate the argument here. Staff believes that there is sufficient evidence in the record to conclude that the Hearing Officer's action to conclude that this Finding could not be made is justified by the record. Newport Coast Recovery - Hearing information April 9, 2009 Page 7 11— APPELLANT'S ASSERTIONS The applicant, as represented by Mr. Mike Newman, owner of Newport Coast Recovery, has asserted the following in his appeal: That a reason to overturn the Use Permit denial is that "Newport Coast was operating on the Peninsula prior to `ALL' of the other facilities (i.e. Ocean Recovery, Balboa Horizons). The overconcentration followed us." Verbally, Mr. Newman further asserted that because Newport Coast Recovery's Use Permit application was heard following an application for Balboa Horizons Recovery at 1132 West Balboa Boulevard, the approval of the Balboa Horizons Recovery use permit (11 persons, licensed treatment, women) caused the hearing officer to consider Newport Coast as the second recovery facility on a block that includes Balboa Horizons' facility. Discussion: The Ordinance does not discriminate against nor affirmatively benefit operations that have been in place longer than others. Mr. Newman's application and that of Balboa Horizons were submitted at approximately the same time, but Balboa Horizons' application was completed earlier than Mr. Newman's application. Staff did not orchestrate the hearings to prejudice one applicant over another — staff scheduled use permit hearings when an application was deemed complete, and Balboa Horizons' application was complete earlier than Newport Coast's application. That denying a Use Permit to NCR would adversely impact treatment, because "Newport Coast Recovery is the only 'men's only' primary care facility in Newport (Beach). Other facilities require 30 days of primary care prior to entrance." Discussion: This assertion is confusing to staff. Most "primary care" residential facilities provide what are called "non - medical detoxification services" in the first 30 days of recovery. Newport Coast Recovery's ADP License classification is "RES ", not "RES- DETOX." That leads staff to infer that State ADP has not classified Newport Coast Recovery as having met additional regulatory requirements required by ADP (Title 9, CCR, Section 10572(b)(1)) to provide non - medical detoxification services. Assuming that NCR does provide "primary care" legally, the appellant's assertion assumes a specific benefit to the disabled that is provided at Newport Coast Recovery versus other ADP - classified "RES- DETOX" or other primary care facilities nearby. These other facilities that are licensed to provide primary care and have, apparently, "met additional regulatory requirements," include: • Adelante Recovery (Corona del Mar) • Connor Ranch (Huntington Beach) • First House (Costa Mesa) • Hoag Memorial Hospital's Chemical Dependency Unit (Newport Beach) • Miramar Recovery (Laguna Beach) • Naroonon Southern California (Newport Beach, albeit slated for abatement) • Orange County Detox (Costa Mesa) • Pat Moore Foundation (Costa Mesa) • Pur Detox (Laguna Beach) • The Mainstream Group (Dana Point) • Dr. Willa's House (San Clemente) Newport Coast Recovery — Hearing Information April 9, 2009 Page 8 • South Coast (Dana Point) • Spencer Recovery Centers (Laguna Beach) The applicant is correct in part (if NCR is actually licensed to provide primary care [within the first 30 days of recovery]) that NCR's focus on male clients and its location in Newport Beach is fairly unique, as only three of the above - listed facilities (Orange County Detox in Costa Mesa, Dr. Willa's House in San Clemente, and The Mainstream Group in Dana Point/Capo Beach) are targeted towards men only. However, the applicant has not provided the City with any specific treatment benefit provided at Newport Coast that is unavailable at other facilities, whether in Newport Beach, San Clemente, Dana Point/Capo Beach, or Costa Mesa. Therefore: (a) the applicant's statement that the use permit's denial adversely impacts treatment is not found to be supported by any evidence in the record; and (b) the City seeks clarification on whether NCR is providing non - medical detoxification services within the first 30 days of recovery that are fully permitted by ADP. At # # Newport Coast Recovery - Heanng Information Apnf 9, 2009 Page 9 FINDINGS CHART FINDINGS REQUIRED TO APPROVE A GROUP RESIDENTIAL USE PERMIT. NBMC Code Section What the Finding Says, Generally The use's location is in accord with the objectives of the Code and §20.91.035 — A.1. the purposes of the district. Finding encompasses (1) whether this application is appropriate in this District; and (2) whether or not it will result in overconcentration. That the use and proposed conditions will allow the use to be consistent with the General Plan and not be detrimental to public §20.91.035 —A.2. health, safety, peace, morals, comfort, or welfare of persons residing } in or adjacent to the neighborhood of the use, and won't be detrimental to the properties or improvements in the vicinity or to the general welfare of the City. §20.91.035 — A.3. That the proposed use complies with the provisions of the code. §20.91.035 — AA. i That the proposed use complies with Chapter 20,91A ! That the use conforms to Section 20.91A.050 relating to operations §20.91A.060 - A and management standards (smoking, licensure, residents per bedroom, etc.) §20.91A.060 — B i Project includes sufficient on -site parking, traffic mitigated to a level of insignificance. §20.93A.060 — C I Property and structures physically suited to accommodate the use. §20.91A.060 — D Use will be compatible with the character of the neighborhood and won't create an overconcentration of residential care uses. Buses and vans won't generate traffic substantially greater than that §20.91A.060 — E normally generated by residential activities in the surrounding area. §20.91A.060 — F Delivery of goods is made within compatible hours and won't adversely impact the neighborhood. §20.91A.060 — G Trash collection — commercial if necessary and done within hours that do not adversely impact the neighborhood. ATTACHMENT 4 Appeal of Hearing Officer's Denial of Use Permit 1216 West Balboa Blvd. (Newport Coast Recovery, LLP) Nearing Record. Proceedings regarding Newport Coast Recovery, LLC, Application for Use Permit for 1216 West Balboa Boulevard, Newport Beach, California (UP 2008 -033) (PA 2008 -104) § 4 m < §w Hearing Records Proceedings regarding Newport Coast. Recovery,LLC. Application forUse Permit for 1216 WeS Balboa Boulevard, Newport Beach, CA (UP 2008- 033) (PA 2008 -104) NEWPORT COAST RECOVERY ADMINISTRATIVE HEARING RECORD Bate Description Group Residential Stamp up Hearing Date Number NCR 00001 thru Agenda 12 -08 -08 NCR 00002 NCR 00003 thru Staff Report (w/ Exhibits 1 -7) 12 -08 -08 NCR00080 NCR 00081 thru Correspondence to Hearing Officer 12 -08 -08 NCR 00098 NCR 00099 thru Mr. Kiffs Power Point Presentation 12 -08 -08 NCR 00107 NCR 00108 thru Transcript 12 -08 -08 NCR 00221 NCR 00222 thru Agenda 01 -12 -09 NCR 00223 NCR 00224 thru Staff Report (w/ Exhibits 1 -5) 01 -12 -09 NCR 00390 NCR 00391 thru Correspondence to Hearing Officer 01 -12 -09 NCR 00400 NCR 00401 thru Mr. Kiff's Power Point Presentation 01 -12 -09 NCR 00409 NCR 00410 thru Transcript 01 -12 -09 NCR 00500 NCR 00501 thru Agenda 01 -22 -09 NCR 00503 NCR 00504 thru Correspondence to Hearing Officer 01 -22 -09 NCR 00510 NCR 00511 thru Proposed Resolution 01 -22 -09 NCR 00520 NEWPORT COAST RECOVERY ADMINISTRATIVE HEARING RECORD Bate Description Group Residential. Stamp UP Hearing Date Number NCR 00521 thru Revised Resolution Presented at Hearing 01 -22 -09 NCR 00531 NCR 00532 thru Mr. Kiff's PowerPoint Presentation 01 -22 -09 NCR 00539 NCR 00540 thru Transcript 01 -22 -09 NCR 00568 NCR 00569 thru Signed, Final Resolution 02 -04 -09 NCR 00593 (Note: Date Resolution Signed) 2 GROUP RESIDENTIAL USE PERMIT HEARING (12/8/08): AGENDA NCR 00001 11287- 001IXI127414vl.ax City of Newport Beach da GROUP RESIDENTIAL USE PERMIT HEARING AGENDA �4�a•,. This hearing is held In accordance with Newport Beach Municipal Code Chapter 20.91A (Use Permits in Resldentid Districts). DATE: Monday, December 8, 2008 TIME: 4:00 p.m. - 6:00 p.m. (Hearing must be concluded or continued by 6 p.m.) LOCATION: Council Chambers, Newport Beach City Hall (3300 Newport Boulevard) USE PERMIT No.: UP200"33 (PA2008 -104) APPLICANT: Newport Coast Recovery, LLC SUBJECT PROPERTY: 1216 West Balboa Boulevard, Newport Beach HEARING OFFICER: Thomas W. Allen PROIECT SUMMARY: An application requesting approval of a Use Permit to SNOW a rewemtal pre facility to operate an adult alcohol and/or drug abuse recovery treatment facility for males only. This application has been filed in accordance with Ordinance No. 2008-05, which was adopted by the City Council in January 2008. AGENDA ACTION 1. Hearing convened (Hearing Officer) 2. Presentation of the application (Newport Beach city staff) 3. Applicant comments, if any 4. Public hearing opened (Hearing Officer) • Comments are limited to comments about the subject property's application and operations; and • Comments limited to three minutes, unless otherwise ordered by the Hearing Officer. S. Public hearing dosed (Hearing officer). 6. Applicant may offer rebutting or clarifying comments (Applicant). 7. Hearing officers questions of City staff or applicant. 8. Hearing Officer determination. Options include continuance, approval of a use permit with conditions or denial of the use permit. In the latter two cases, the Hearing Officer may instruct staff to prepare the Resolution for his signature. 9. Adjournment (Hearing Officer). CBQk This activity has been determined to be ategor ally exempt under the requitements of the California Environmental Quality Act (CEQA) under Class 1(ExlsUng Facilities)• This class of projects has been determined not to have a significant effect on the environment and is exempt from CEQA's provisions. APPEAL PERIOD: Use Pemits do not become effective until 14 days after the date of approval, during which time the decision of the Hearing Office may be appealed to the City Council. NCR 00002 GROUP RESIDENTIAL USE PERMIT HEARING (12 /8/08): STAFF REPORT (W/ EXHIBITS 1 -7) NCR 00003 11287- 0011\1127414vl.doc CITY OF NEWPORT BEACH PLANNING DEPARTMENT STAFF REPORT December 8, 2008 Agenda Item 1 TO: Thomas W. Allen, Hearing.Officer SUBJECT: Newport Coast Recovery, LLC 1216 W. Balboa Boulevard • Use Permit, UP 2006 -033 (PA2008 -104) APPLICANT: Newport Coast Recovery, LLC CONTACT: Janet Johnson Brown, Associate Planner 1brown@cItv.newwrI-beach.0.us (949) 644 -3236 PROJECT SUMMARY An application for approval of a use permit to allow a residential care facility to operate an adult alcohol andlor drug abuse recovery and treatment facility for males only. This application has been filed in accordance with Ordinance No. 2008 -05, which was adopted by the City Council in January 2008. RECOMMENDATION Staff recommends that the Hearing Officer conduct a public hearing, receive testimony from the applicant, the City of Newport Beach and its legal counsel, and members of the public. At the conclusion of the public hearing, staff recommends the Hearing Officer continue 'he public hearing on Use Permit 2008 -033 to a date certain and direct the applicant to submit all required application materials to the City no later than 21 days prior to the scheduled hearing date. NCR 00004 CITY OF NEWPORT BEACH PLANNING DEPARTMENT STAFF REPORT December 8, 2008 Agenda Item 1 TO: Thomas W. Alien, Hearing_ Officer SUBJECT: Newport Coast Recovery, LLC 1216 W. Balboa Boulevard • Use Permit UP 2008 -033 (PA2008 -104) APPLICANT: Newport Coast Recovery, LLC CONTACT: Janet Johnson Brown, Associate Planner Ibrown�ciN newoorLbeach ca „c (949) 644 -3236 PROJECT SUMMARY An application for approval of a use permit to allow a residential care facility to operate an aduk alcohol and/or drug abuse recovery and treatment facility for males only. This application has been filed In accordance with Ordinance No. 2008 -05, which was adopted by the City Council in.January 2008. RECOMMENDATION Staff recommends that the Hearing Officer conduct a public hearing, receive testimony from the applicant, the City of Newport Beach and its legal counsel, and members of the public. At the conclusion of the public hearing, staff recommends the Hearing Officer continue `he public hearing on Use Permit 2008 -033 to a date certain and direct the applies -it to submit all required application materials to the City no later than 21 days prior to the scheduled hearing date. NCR 00005 Newport Coast Recovery, LLC December 8, 2008 Page 3 BACKGROUND Ordinance 2008 -05 In response to a rapidly increasing concentration of Group Residential Uses within the City and the negative secondary impacts these uses potentially can have on residential neighborhoods in which they are located, the City Council adopted Ordinance 2008 -05 In January 2008. The ordinance identifies the following adverse impacts that typically accompany this type of use: • Changes In the residential character of the neighborhood • Noise • Secondhand smoke • Profanity and lewd speech • Traffic congestion • Excessive trash produced • . Excessive debris on surrounding sidewalks The ordinance is intended to protect the integrity of the Citys residential areas. The fundamental precept of the Citys Zoning Code relative to residential zones is that Individual dwelling units are intended for the occupancy and use of single housekeeping units. By adopting the ordinance, :the City changed the way it regulates residentiaVuses that are not single housekeeping units. Group living arrangements such as boarding houses, rooming houses, dormitories, fraternities and sororities, and other non - single housekeeping units were found . to be incompatible with the nature and character of the CWs residential districts. Residential care facilities such as sober living homes and licensed recovery facilities are not defined in the Newport Beach Municipal Code ( °NBMC') as group residential uses and are potentially permitted in the Citys residentially zoned areas. The ordinance prohibits any new residential care facility that is not a single housekeeping unit from being located in the R -1, R -1.5 and R -2 Districts, and exempts only facilities that are licensed by the State of Califomia's Department of Alcohol and Drug Programs (ADP*) for sic or fewer residents which are not operated integrally with other facilities. Any proposed new facility that is not licensed by ADP for six or fewer residents and is not a single housekeeping unit must first obtain a use permit and can only be located in a Multi -Family Residential (°MFR') District. Some existing group residential care facilities in the City became non- conforming uses after February 20, 2008, because they were not single housekeeping units and did not have use permits. All existing non- conforming group residential care facilities became subject to the ordinance's use permit process and were required to apply for a use permit by May22, 2008, to continue operation. K*J Z11l41I1ZJ Newport Coast Recovery, LLC December 8, 2008 Page 4 Under the ordinance, Newport Coast Recovery, LLC became a nonconforming use. On May 20, 2008, Newport Coast Recovery, LLC submitted a use permit application to continue the operation of the. existing residential care facility located at 1216 West Balboa Boulevard consistent with the requirements of Chapter 20.91 of the NBMC. A copy of the Newport Coast Recovery application as submitted is attached as Exhibit 1. 1216 West Balboa Boulevard The existing structure is a seven (7) unit apartment building that was constructed in 1949, when the subject property was zoned R -3. The property was reclassified from R- 3 to R -2 in 1989 (Ordinance 89 -24) along with other properties in this area. As a result, the subject structure Is a nonconforming structure, which may be continued. subject to the provisions of Chapter 20.62 (Nonconforming. Structures and Uses) of the NBMC. Protect Settina The project site is located adjacent to and on the north side of West Balboa Boulevard between 1 e Street and 1 e Street, on the Balboa Peninsula. Balboa Boulevard provides primary -access. to the project site with secondary access provided from a rear public alley that also intersects with 12"' Street and 1 e Street. As stated above, the project site is.developed with an existing seven (7) unit residential apartment structure. The .project site is .located within an established residential area, with a variety of rental. and owner- occupied properties consisting of two and three unit structures. In addition to the residential uses In the immediate vicinity, Newport Elementary School Is located on the south side of West Balboa Boulevard,. between 131' Street and 14'" Street. Two church properties and a pre -school are also located in dose proximity to the groperty, site, with one church located on the south side of West Balboa Boulevard at 15 Street, and the other church and pre- school located on the north side of West Balboa at 141h Street. Protect Nscription The proposed project Is a request for approval of a Group Residential Use Permit to allow the operation of an existing residential care facility. The facility is operated by Newport Coast Recovery, LLC, and is licensed by the State of Cafrfomia's Department of Alcohol and Drug Programs (ADP) to operate and maintain an adult residential alcohol and/or drug abuse /recovery or treatment facility for total occupancy of 29 persons. NCR 00007 1-1 Newport Coast Recovery, LLC December 8, 2008 Page 5 Status of Aoolicatlon The Group Residential Use Permit application submitted by Newport Coast Recovery, LLC was incomplete at the time the public hearing was scheduled and this report was prepared. The use of the project site is subject to abatement on February 20, 2009, pursuant to Ordinance 2008 -05. By scheduling the application for a public hearing, the City was not deeming the application complete. The intent of scheduling this hearing is to provide the applicant with an opportunity to obtain approval of a use permit prior to February 20, 2009. Since scheduling the public hearing, the applicant has made an effort to provide some of the required materials in support.of:the application fora use permit. Following in sequential order are staffs efforts to communicate with the applicant and process the application in order to deem it complete and schedule it for a public hearing. On June 16, 2008, a "Notice of Incomplete Application" was sent to the applicant describing the materials required by the City in order for the application to be deemed complete and scheduled for a public hearing (Exhibit 2). -On August 4, 2008, the City sent a follow up letter• (Exhibit 3) to the. applicant informing the applicant that failure to obtain a use permit for the group residential use of the property would render the use non - conforming and subject to abatement by February 20, 2009. The letter also requested the required application materials described in the June 16, 2008, "Notice of incomplete Application" be submitted by September 2, 2008. In response to .this letter, staff received a telephone call from a representative of the applicant in which the caller requested an extension of time. The caller was directed to submit a written request.to the City, but the City never received a written confirmation of the request for a time extension. On October 23, 2008, staff contacted the applicants representative by telephone regarding the status of the application and the anticipated schedule for submittal of the requested application materials. At that time the applicant's representative stated the required application filing fee would be submitted by the end of October 2008, and the remaining materials would be submitted by the first week of December 2008. Staff prepared an email corespondence to the applicants representative summarizing the October 23, 2008, telephone conversation (Exhibit 4); however, staff did not receive a response to this correspondence. On November 14, 2008, the applicant submitted the required application fee, and on November 25, 2008, the applicant submitted a portion of the required application materials in response to the "Notice of Incomplete Application' dated June 16, 2008. The additional materials received by the City from the applicant are included as Exhibit 5. NCR 00008 S Newport Coast Recovery, LLC December 8, 2008 Page 6 After reviewing the materials submitted, staff has determined that the application is still incomplete and that the following materials, as requested in the June 16, 2008, "Notice of • Incomplete Application" remain to be submitted in order for staff to deem the application complete; • A signed affidavit from the property owner authorizing the submittal of the ,application for a Group Residential Use Permit. 2. A site plan that shows the facility's building footprint and property lines, property tines and building footprints on the parcels immediately adjacent to the subject property including notes as'to the. existing use on adjacent parcels. 3. A copy of a Preliminary Title Report that is less than 60 days old that identifies the legal description of the property. 4. The approximate times of departure and return of travel destinations indicated on the route maps submitted indicating the transit and travel routes that will be used to transport clients off -site. 5. A building diagram and floor plan of all rooms Intended for residents' use identifying the number ofresidents perbedroom and time location and•the number otbeds for all residents, including the location of beds for infants and other non - ambulatory Persons. Any rooms identified as bedrooms must comply with the definition of a bedroom pursuant to NBMC Section 20.03.030 and must be consistent with Permitted floor plans on floe with the City of Newport Beach Building Department. 6. A statement as to whether or not the facility disposes of medical and/or NO waste and, 0 so, a plan for disposal of these materials. The Group Residential Use Permit Application also requires the submittal of a fire clearance from the Newport Beach Fire Marshal. In this case, the applicant provided a copy of the State ADP Form 850 dated January 6, 2004. Independent of the use permit appfiCation requirements, the Newport Beach Fire Marshal sent letters (Exhibit 6) to operators of residential care facilities with seven (7) or more clients in a single building In early arK= mid 2008. The Fire Marshal requested a comprehensive code analysis be Prepared and submitted for the review of the facility in relation to Building and Fire Code Provisions applicable to the Group R4 Occupancy Classification (Group homes, licensed or urdkensed, providing treatment and/or recovery for more than 6 clients in a buAdlrrg). To date, the applicant has not provided the Fire Marshal with the requested code analysis. Therefore, the Fire Marshal is unable to confirm that the structure is physically suited for the use. NCR 00009 I Newport Coast Recovery, LLC December 8, 2008 Page 7 Ana is The application for Use Permit.2008 -033 is incomplete at this time, and for this reason, staff is unable to prepare an analysis of the project proposal. The Items remaining to be submitted are standard submittal requirements of a use permit application. The project background and status, of -the application are 2presented to the Hearing Officer in the event the Hearing Officer determines that action on the application is appropriate at this time. The Hearing Officer is designated to approve, conditionally approve or disapprove the application. In order to approve. or conditionally approve the application, the Hearing Officer must make the following findings: 1. That the. proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. 2. That the proposed location of the use permit and the proposed conditions . under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site Is located; will not be detrimental to the.public health, safety,.peace, morals,:comfort, or welfare of persons residing or working in.or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements In the.vicinity or to the general welfare.of the.city. S. That the proposed. use will comply with the provisions of this code; including any speck condition required for the proposed use in the district in which it would be located. 4. The use conforms to all applicable provisions of Section 20.91A.050. These development and operational standards are summarized as follows: a. No secondhand smoke can be detectable outside the property. b. Operations must comply with state and local law, the submitted management plan, including any modifications required by this Use Permit. C. A contact name. and number be provided. d. No services requiring a license can be provided if the facility does not have a license for those services. e. There shall be no more than 2 persons per bedroom plus one additional resident, unless a greater occupancy Is requested and granted. Occupancy must also comply with State licensing it applicable. NCR 00010 Newport Coast Recovery, LLC December 8, 2008 Page 8 f. If certification from an entity other than ADP's licensing program is. available, applicants must get that certification. g. All individuals and entities involved in the facility's operation and ownership must be disclosed. h. No owner or manager shall have any demonstrated pattern of operating similar facilities in violation of the law. 5. The project includes sufficient on-site parking for the use, and traffic and transportation impacts have been mitigated to a level of insignificance. 6. The property and existing structures are physically suited to accommodate the use. 7. The use will be compatible with the character of the surrounding neighborhood, and the addition or continued maintenance of the use will not contribute to changing the residential character of the neighborhood, such as creating an overconcentration of residential care uses in the vicinity of the proposed use. In making this finding or sustaining such a finding, the Hearing Officer shall consider, as appropriate, the following factors: a. The proximity of the use location to schools, parks, other residential care facilities, outlets for alcoholic beverages and any other uses which could be affected by or affect the operation of the subject use: b. The existence of substandard physical characteristics of the area in which the use is located such as lot widths,. setbacks; narrow streets, limited available parking, short blocks, and other substandard characteristics which are pervasive in certain areas of the City of Newport Beach, including portions of West Newport, Lido Isle, Balboa Peninsula, Balboa Island, Corona del Mar and Newport Heights, which portions were depicted on a map referred to as the Nonstandard Subdivision Area presented to the Newport Beach Planning Commission on September 20, 2007, and on file with the Director of Planning; and C. Whether, in light of the factors applied in subsections 20.91A.D.1 and D.2, it would be appropriate to apply the American Planning Association standard of permitting one or two such uses per block. Median block lengths in different areas of Newport Beach widely range from 300 feet in the Nonstandard Subdivision Areas to as much as 1,422 feet in standard subdivision areas. The average calculable block length in much of the standard subdivision areas is 711 feet and the calculable median bkx* length is 617 feet. The Hearing Officer shall apply the American Planning NCR 00011 V Newport Coast Recovery, LLC December 8, 2008 Page 9 Association standard In all areas of Newport Beach in a manner that eliminates the differences' in block lengths. In making this determination, the hearing officer shall be guided by average or median block lengths in standard subdivisions of the City. The Hearing Officer shall retain the discretion to apply any degree of separation, of uses, which he or she deems appropriate in any given case. A copy of the American Planning Association standard is on file with the Director of Planning. 8. The operation of buses and vans to transport residents to and from off -site activities does not generate vehicular traffic substantially greater than that nomially generated by residential activities in. the surrounding area. 9. Arrangements for delivery of goods are made within the hours that are compatible with and will riot adversely affect the peace and quiet of neighboring properties. 10. Arrangements for commercial trash collection in excess of usual residential collection are made within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. Conclusion As stated earlier in this report, use of the project she as a residential care facility may be subject -to abatement by February 20, 2009. Pursuant.to Section 20:82.090 of the NBMC, abatement !proceedings for non - conforming residential care facilities may commence, unless the owner or occupant of the residential care facility has timely applied for a use permit or reasonable accommodation pursuant to the provisions of Ordinance 2005 -08 (Chapter 20.91A or Chapter 20:98 of the NBMC) and Is diligently pursuing that administrative process as determined by the Planning Director. Staff recommends that the Hearing Officer continue the public hearing on Use Permit No. 2008 -033 to a date certain and direct the applicant to submit all remaining required application materials to the City of Newport Beach Planning Department no later than 21 days prior to the scheduled public hearing. This should provide the applicant sufficient time to secure the remaining submittal items and submit them to the City. Alternatives The Hearing Officer may take one of the following altemative actions on the application: 1. Conditionally approve Use Permit 2008 -033 pursuant to making the findings stated in this report, or 2. Deny Use Permit 2008 -033 based on the information provided to date. NCR 00012 9 Newport Coast Recovery, LLC December 8, 2008 Page 10 Concerns from Residents The City Manager's Office has received correspondence (Exhibit 7) from a resident expressing concern regarding residential care facilities in his neighborhood. Speddic Issues raised are density, proximity of the residential care facility to Newport Elementary School, parking, and second -hand smoke. Environmental Review This activity has been determined to be categorically exempt under the requirements of the California Envimranental 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 I SW1(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. Public Noti ce Notice of this hearing was published in the Daily Pilot, mailed to property owners and occupants within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the stein appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Submitted by: 7F A • 4� =t1fJ)' EXHIBITS DAie Kiff Assistant City Manager 1. Project application 2. June 16, 2008 Notice of Incomplete Application 3. August 4, 2008 Letter to Applicant . 4. October 23, 2008 email correspondence 5. Materials submitted November 25, 2008 6. Correspondence from the Newport Beach Fire Marshal 7. Resident Correspondence NCR 00013 `v Exhibit No, 1 Project Application NCR 00014 %/ THIS PAGE -'T BLANK NTIONALLY NCR 00015 1 z A PA2008 -104 for UP2008 -033 1220 WEST BALBOA BOULEVARD Newport Coast Recovery LLC LAW OFFICES OF KELLY S. JOHNSON ATTORNCY AT LAW 160 NEWPORT CENTER ORIVE SUITE 100 NEWPORT RVACN, CALIFORNIA G2080 iLLCPHONE W.91 7EO.6011 •AO]IMILE I64SI 729 Asa EMAIL i:1LYEQNOI.COT May 20, 2008 David Kiff Assistant City Manager City of Newport Beach Newport Beach City Hall 3300 Newport Blvd. Newport Beach, CA 92663. By Hand - Delivery RECEIVFr" MAY 2 0 2008 Office of ftL! City Manager Re: Conditional Use Permit Application - Newport Coast Recovery, LLC Dear Dave: Please find enclosed my client, Newport Coast Recovery, LLC's Application for a Conditional Use Permit, which is required by Ordinance Number 2008 -5. However, until all the issues in determining whether the ordinance violates the Federal Fair Housing Act ate resolved in the case of Sober Living by the Sea, et al. v. City of Newport Beach, CA Case No. 8:08 -CV- 00200- JVS -RNB and Pacific Shores Properties, LLC, et al. v. City of Newport Beach, Case No. 8:08 -CV- 00457- AG -PLA, my client, reserves all rights, interests and remedies with respect to the provisions and application of Ordinance Number 2008 -5. Please contact me if you have any further questions with. regard to the foregoing. Thank you. Very truly yours, LAW OFFIC S LY S. JOHNSON KBLL S HNSON KSJ:tp Enclosure cc. Newport Coast Recovery, LLC NCR 00/0`16 PA2008 -104 for UP2008 -033 1220 WEST BALBOA BOULEVARD Newport Coast Recovery LLC City of Newport Beach GROUP RESIDENTIAL USES — USE PERMIT APPLICATION STANDARD GROUP RESIDENTIAL USE PERMIT APPLICATION (Fprtn 100 — Revised March 2008) STEP 1: ComPletely fill out Form 150 (attached). STEP 2: FIN out the following: TYPE OF ORGANizATION: X For Profit ❑ Nonprofit ❑ Other. please explain. PROPERTY OWNERSHIP: ❑ Own ❑ Rent X Lease ❑ Other (specify): IS THE OPERATORMANAGER ALSO THE LESSEE OF THIS PROPERTY? X Yes ❑ No Q If no, Please explain: IS THE APPLICANT OR PROGRAM OPERATOR PART OF A PARTNERSHIP, CORPORATION, FIRM, OR ASSOCIATION? X Yes ❑ No If yes, Please fS out and attach either Form 2000 (if 2000, applicants must fill out Forrn 20013) or Form 200P, whichever is applicable. v 'M rrnary raamy n proposed (n vorporawn, iegai name or uorpora8on) 1052 MI yav Lana Huntlnaton Beach 82848 (Mailing Address of Properly Owner) (It Mete) (ZIP) f8101660 -17s= 50 (T (Fax number) (E-Mail address) 1220 Went 11,!," d. 047- 234-14 (Subject Properly Address) Assessor's Parcel Number (APN) . NCR 00017 9 �y 3. 311AILAB U§E A. Your Rrm's Current Uses. Do you or your firm (or any entity or person affiliated with you or your firm) currently operate, manage, or own other group residential uses in Newport Beach? ❑ Yes X No If yes, cite address(es) of ko ty(ies) (attach more pages if necessary): EXAMPLE: 1?,.,V Main § ftti Newport Burch UNiceoW Sober Living' 7 Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity' Site Address Type of Use Bed Capacity M Address Site Address Type of Use Type of Use Bed Capacity Bed Capacity Site Address Type of Use Bed Capacity Sb Address Type of Use Bed Cape* Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity 10 /'S NCR 00018 B. Other Singer Uses. What uses, not opera by or affiliated with you or your firm, are of a simmer type as your Proposed use here in Newport Beach? Please die addresses) of facitity(iss) (attach rare pages if necessary)! EXAMPLE: 12 (b�aln Sprees Newport B tj Unlice" ed'Sober Lrvind 7 Site Address Type of Use Sod Capacity Site Address Type of Use Bed Capacity Site Address Type Of Use Bed Capacity Ske Address Type of use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type or use Bed Capacity C. Evidence of Need for this Extent of Use. Per NBMC §20.91AA30 (E), please attach Evidence of Capacity and Need by residenta of Newport Beach for this capacity based on published sources. 4. YOUR FIRM1 HISTORIC USES Per the requirements of NBMC §20.91A.030.G & H. In ft nest five (5) years. have you or your firm or any entity or Person affillOW with you or your firm operated, managed, or owned other group residential uses in California? X Yes ❑ No It yes, show the site addmss(es) of each fac ty ies) and show whether the facNky(ies) have over been in viclekon of Federal, State or local law (attach additional pages k necessary): )UIPI& 1234 Wngpe4Santa Barbara ADP -Llcer ai ed W& S 11 NCR 00019 L 'Street Address, City Type of Use Bed Capacity Has this facility or your operations at this facility, ever been in violation of State or local law? ❑ Yes X No N Yes, please explain: FaoW if 11219W.BalbooWd Newport Beach TranuMonalCare Street Addreas, City Type of Use Bed Capacity i Has this facility or your operations at this facility, ever been in violation of State or local lax? ❑ Yes ❑ No If Yes, please explain: Facility 82 Street Address, City Type of Use Bed Capacity Has this Wily or your operations at this facility, ever been in violation of State or local lam ❑ Yes ❑ No If Yea, please explain: Facr7ltyR3 Street Address, City Type of Use Bed Capacity Has this facility or your Operations at this facility, ever been in violation of Slate or local lav ❑ Yes ❑ No It Yes, please explain: FacRy 04 Street Address, City Type of Use Bed Capacity Has this facility or your operations at this facility. ever been In violation of State or local lew? ❑ Yes ❑ No 12 NCR 00020 / - . if Yes, please explain: S. LOCATION MAP AND SIMILAR US LS Provide a Location Map showing the location of the proposed use plus all known conditional uses within a three - block radius. Include the property addresses of the proposed use and known conddbnal uses. Please consult the Newport Beach Planning Department ( 949 - 844-3225) for nearby conditional uses. 11 _ _:_, Provide s Site Plan that shows the fachitys building footprvrt and property lines. Include property lines and building footprints on immediately adjacent parcels. Note the uses (i.e. single family use, group residentW use, oroum) on adjacent parcels- A- Per NBMC §20.91A030(H), please summarize the license and permit history of each facility applicant or operator has managed owned, or operated in the State of California within the Teat five (5) years which require either a license or a permit by the State or by a locality (attach additional sheets if necessary): Nm Recovers LLC Recovery, Please describe the nature of the license or use permit, the issuing agency, ifs reference number (if applicable), and any enforcement actions by any agency against the license or use permit: M ' S. Has the applicant ever voluntarily surrendered, had a dental, suspension, or revocation of a residential license for an alcoholism or drug abuse recovery or treatmard facility or a facility licensed by the California Department of Alcohol and Drug Programs (ADP) or the California Department of Social Services - Community Care Licensing? i { ❑ Yes X No IIf yes, fire data license was surrendered, denied, suspended, or revoked: Reason for revocation, surrender, denial, or suspension: C. Has the applicant ever voluntarily surrendered, had a denial, suspension, or revocation of a Use Permit or similar Permit for a group resdental use in this community or another community! ❑ Yes X No 13 NCR 00021 / 11. If yes, Ste date Use Permit (Or sbniiar) was surrendered, denied, suspended, or revoked: Reason for wmcaton, surrender, denial, or suspension: D. Has the applicant am voluntarily surrendered, had a denial, suspension or revocation of a certification by any public or private agency When than ADP or the California Depadmnt of Social Services- Communily Care Licensing for a group reskiental use in this community or another community? ❑ Yes X No If yes, the data Use Permit. (or similar) was surrendered, denied, suspended, or revoked: Reason for revocation, surrender, denial, or suspension: N RE AND CHARACTERISTICS OF PROPOSED tISE Per NBMC §20:91A030(A -0), please provide lire foilowing information about each proposed facility (attach additional stets 0 necessary). The components W this Section 8 (and other sections) comprise the Operations and Management Plan acid RmW Of Conduct envisioned by NBMC §20.91A.060.B: A. TYPE OF ALCOHOL AND/OR OTHER DRUG RECOVERY OR TREATMENT SERVICES PROVIDED (for ADP - licensed facilities only — chedi all that apply): ❑ Non - Medici Detoxification X Group Sessions X OneorWne Sessions X Educational Sessions X Recovery or Treatrnent Planning ❑ Other: B. NUMBERS AND TYPES OF FACILITY USERS & STAFF: TOTAL OCCUPANCY OF FACILITY (This Is the maximum number of Individuals who We at the facility and are approved by the fire safety ttspector.) These individuals include the residents receiving recovery, treatment or detoxification services, chlidren W tiro residents, and staff. Staff includes individuals who work for the applicant In exchange for either monetary or in -kind compensation (e.g., room and board). Total occupancy canna be exceeded for any reason MAXIMUM REQUESTED ADULT RESIDENT CAPACITY OF THE FACILITY (The number of adult residents Ora receive recovery. beatnent or datOXHkxrBon services at any one time, which cannot be greater than the kftl occupancy Shown above): MAXIMUM NUMBER AND AGE RANGE OF DEPENDENT CHILDREN WHO ARE SUPERVISED BY THEIR PARENT(S) IN THE FACILITY. This b CkKISS temporary residing (I.e., overnight, weekend visits) of dependent chtidren. (Since there must allays be at least one adult being served. Me maximum number of dependent chiklmn housed must be at least one less than the trial occupancy, determined by the fire Inspector, as shown above): _— 14 NCR 00022 11 Are all clients who reside on -site disabled persons? _ Number of staff who will reside on -Site: Maximum number of staff who will provide services during any one week to clients at the facility: Provide the FFa NBty S RMno Form shown as Forth 40Q to this Application. Total number of employees of provider. Please characterize the nature of staff services to the tacility (i.e., nutritionists, massage therapists, counselors, maids, cooks, etc): Maximum number of clients who will use the facility on any one day but reside elsewhere: Maximum number of client visitors who wig visit the facility during any one week: Maximum number of others who will visit the facility during any one week Please explain: C. BUILDING DIAGRAMIFLOOR PLAN Include a.Building Diagram showing all buading(s) to be occupied, ktcfudutg a floor plan of all rooms intended for residents' use. Include the grounds showing buildings, setbacks, driveways, fences, storage areas, pools, gardens, recreational area and other spaces. All sketdoes shag show dimensions but need not be to scale. Identiy the number of M$klents per bedroom and the location and the number of beds for all residents, including the location of beds for bdants and other non- ambuletoiy person;. The Building. Diagram supplied with this application must be accurate as to existing conditions in the building and must be consistent with the building plans currently on file with the Newport Beach Building Department for permitted constnxxion. D. DURATION OF TYPICAL CLIENT STAY IN FACILITY can days): If you wish, please explain: E. IS THE FACILITY ACCESSIBLE TO INDIVIDUALS IN WHEELCHAIRS OR OTHER NONAMBULATORY CONDITIONS? ❑ Yes ❑ No NOTE: The Amedoans with Disabilities Act of 1990 (ADA) is a comprehensive federal amFdiskximination law for people with disabilities. The City reminds all providers of resldentlal recovery facilities that discdndnslion against pis with disabilities is.prohtb tad. Please contact Newport Beach's Building Department (949 -644- 3275) for sPee tc ADA requirements that may apply to your facility. F. ACTIVITY iwORMATION Hours which facility will be In use: 16 NCR 00023 ZD n + r G. (7 ❑ 2417 ❑ Other (please descrba) Will there be a curfew? If so, please note quiet hours: ❑ 10 p.m. — 8 a.m. ❑ Other (please describe) Besides household activities, what types of care - related activities will occur omits, and how many residents and non- residents (Including staff and crania from other facilities) will attend? ❑'AA' -type meetings ❑ ADP - Treatment (see 5A) ❑ Physical Fitness (gym, yoga, etc) ❑ Otherweliness (massage, etc) ❑ Meal preparataNdelty" _ ❑ Other. Provide the Weeklv'Schodp)e of Services shown as.Fonn 500 to this Application. DELIVERY INFORMATION: What types of deliveries will occur at the facility and how often (per day or per week — circle whichever is applicable) wil they occur? ❑ Laundry Sevices: May or week ❑ Trash disposal or recycling: /day or week ❑ Meals: /day or week ❑ Business products: /day or week ❑ Correspondence, packages (other than LISPS): (day a week ❑ Medical ProductelMedieal Waste Pickup: /day or week /day or was TRANSPORTATION AND PAMONG: Wig clients residing on-sfte be allowed to use personal vehicles and/or keep them or"Im or nearby? ❑ Yes ❑ No If Yes, describe where clients will park personal vehicles ( garage, carport, onatreat location, other— If on- sheet, be specific about which streets) If No, describe other modes of transportation that clients will use (bus, other transit, bicycle, other). Please provide a Route Map showkrg transit and travel routes that wig be used to transport clients off-SRO. stowing destinations, of travel and approximate times of departure and return. 16 NCR 00024 Z/ Wiil staff serving the facility be allowed to drive personal vehicles to the site? ❑ Yes ❑ No If Yes, describe where staff will park personal vehicles ( garage, carport, on-street location, other— d on- street be specific about which streets) NOTE: The City may not authorize our- street parking for clients or staff depending upon her imparted the facility's streets are. MEDICAL AND BIO.WASTE NBMC §8.04.120 (Health and Sanitation: Prohibited Materials) prohibit: the disposal of certain medical waste or blo waste into the We refuse disposal system. Syringes, needles, udnalyais cups, and other waste must be disposed of in acOmlence with the NBMC and other applicable laws. If you are uncertain as to what wastes can be disposed of in the City's disposal system, contact the City's General SeMOes Department at 949844-3068. Applicants who will.be disposing medical waste or other bio -waste must provide a Disposal Plan for Medical and M Wasle shOm.rp how and where these wastes are disposed of (required by NBMC 620.91A.030.1). Please attach the Disposal Plan if applicable. J. RULES OF CONDUCT — GOOD NEIGHBOR PRINCIPLES If you have them. Please Include any documents that describe ruies of client conduct and/or Good Neighbor Pdndples that your facility's staff and clients will adhere to N the City issues a Use Permit for this facility. The City Of Newport Beach has developed Good Neighbor Prim oes for these uses (see the City's website under Group Residential Uses). Please state whether you agree voluntarily to comply with the City's Good Neighbor Principles: X Yes ❑ No K. OTHER AVAILABLE CERTIFICATIONS NBMC §20.91A.050.C.4 directs that applicants shall attain certification (or similar validation), where avallable, from a 9WOmmehtthl agency or qualified non -profit organtration. This includes: The Orange County Sheriffs Departmenes Orange County Adult Alcohol and thug Sober Living Facilities Certification Program (see lh ocsd.oro for more information or contact Certificate Coordinator lt. Jeff Bardzik at 714 - 7734523 or MrdZgAgaid.arrh or Margo Guise at 714 - 773.4521 at rpgris�e ocsd.ora. This oedtfication is required. • The Orange County Sober Living Network (see hft :1Mww.sobarhousino:nef/oranee countv.htW or Grant McNiff at 714 - 875.2954. This cerdficatlon Is raoornrt>anded. You do not have to attain the OCSO certficadon to apply for a Use Permit, but we suggest that you attain the certification within a reasonable amount of time (twelve {12) months) following your application sulmr lhil. Should a Use Permit be issued. it may include a condltlon that cerlllkxtlon be obtained within a ststed time period. if you have attained this cerdli 4WM poor b applying for the Use' Psmdt, verify here that you have attained this certification. and attach tM verifying document from the certifying andty: 17 NCR 00025 ZZ I . , [] Orange County Adult Alcohol and Drug Sober Living Facilities Certification (required) El Orange County Sober Living Network (recommended) ❑ Other (please describe) L. SECONDHAND SMOKE LIMITATIONS NBMC.§20.91A.050A.directs that'no staff, clefs, guests, oreny other uses of the boddly may smoke In an area from which the secondhand smoke may be detected on any parcel other than the parcel upon which the faolflly is located. Check and sign here to acknowledge this requirement and your use's adherence to It X I acknowledge that 1 will control secondhand smoke on my facility such that no secondhand smoke may, be detected on any parcel other than the parcel upon which my facility Is (orated. Signature: _. :.� . : Date: A The'owner of record' of the property or an aulhortzed agent must sign this Application. Signing the - application under Section 10 means that the applicant rxAiles, under penalty of perjury, that the Information Provided within the Application and its attachments Is true and correct Per NBMC §20.90.030.C, false statements are grounds for denial or revocation. B. The Applicant acknowledges that he or she must comply with all other Federal, State, and local laws and regulations relating to this use. The Applicant understands that a violation of Federal, State, and local laws ow regulations is grounds for revocation of the Permit. The Applicant understands and acknowledges that it Is against to provide treatment (as defined).in an unlicensed facility. C: If dw City Issues a Use Permit based on the Information provided in this Application, the Applcant's signature below certifies his or her agreement to comply with the terms of the Use Permit The Applicant understands and owiedges that non'comp4ance with the terms of the Use Permif is grounds for revocation of the PenrdL Revocation of the Use Permit. NBMC §20.96. 040.E provides that the City can revoke a Use Pert if.. • The pares was issued under erroneous ifomhation 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 osier regulations or laws have been violated; or • There has been a discontinuance of use for 180 days or more.. THE UNDERSIGNED ASSURES THAT THE INFORMATION PROVIDED ON THIS APPLICATION IS TRUE AND CORRECT AND THAT THE APPLICANT HAS READ AND UNDERSTOOD HIS OR HER OBLIGATIONS UNDER ANY USE PERMIT ISSUED BASED ON THIS APPLICATION. A If the applcant Is a sole proprietor, the application shoo be signed by the proprietor, B. I the applicant is a partnership, the application shag be signed by each partner. C. If the 8130cant N a fine, association, corporation. county, qty, public agency or other governmental entity, the application shall be signed by the chief executive officer orthe kx Mdual legally responsible for representing the agency. 18 NCR 00026 23 D. The applicant(s) affirms that the fads contained In this application and supporting documents are true and correct. (Signefure) (Title) (Date) (Signature) (Tide) (Date) 19 NCR 00027 2 Exhibit No. 2 Notice of Incomplete Application Dated June 16, 2008 NCR 00028 ZS THIS PAGE LEFT BLANK INTENTIONALLY NCR 00029 2 � CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3900 NEWPORT BOULEVARD NEWPORT BEACH, CA 02868 "6443200; FAX MM 6443220 Ms. Kelly S. Johnson 16D Newport Carder Dove, Suite 100 Newport Beach, CA 82660 Dear Ms. Johnson: Subject NOTICE OF NICOi1PLETE APPLICATION Use Permit No. 2006-033 Property located at 1216 West Balboa Boulevard, Newport Beach, CA (Newport Coast Recovery. UC) This letter serves as not on that the Planning Department is In receipt of your apptloatlon sudnnitial nKKUdng the. proposed Use Permit for property located at the above referenced address. Upon review of your subndited application, domments and aod*s, the application has been deemed incomplele. Please provide the folovmg: 1. A signed alfidevit tran the property owner adtwW g the su&mital of Are application for a Group ResidanAal Use Perak 2. A Airg tea of $Z 200.00 as a dsposR which staff time spent pmoser" the llae Permit application will be tilled at an harry rate of $135.00 per hour. 3. A offs plan tint stows Ale tacit 's b>WUM kdpk and property Ines, property inea and footprints on the 1 imnedt ** adj Mt to the stMed property Includirg notes as to the e>dadrg use on adja ut paroels. 4. A Copy of a Pit ftkwy Tile Report or property proft Met Is less than 60 days old 00 iderMes Be 109M desor"on of the property. 5. Approved fee clearance tram the Newport Beach Fire Mardial. 6. A route map indicatirg to trwark and imM mites aid wit be used to transport ciards o1F $Ilia Wmft destinalons of travel and apprmdnrate tirrres of deparlum and -arum. 7. A copy of your Soft hoarse or p xkq foam appicagon if your faddy ragtrlres a Sim & A bullft diagram and floor plan of ail rooms iwtanded far moldenls' use idan5fft the camber of nes* ' , I m per bedroom end the location and •the number of beds for all residents, indudrg the looatiorl of beds for blab and other non4imbulalorfi persons. toNBMC SediOn 2020A0.� bedrooms be wib pemrMed floor plans on fie With the Cky of Newport Beady Bd*g Depart neat. 9. Cornpiated City of Newport Beach application Farm 150 (adiministralm or director irdorrnaAcrr). NCR 00030 7 • I Y- . H . � 1'V h' e it rK,c 10. Campleted City of Newport Beach appicdion Forms 2000 or 200P and as applicable Form MW (corporate bdentty). 11. A route map Mustra6 ng Uanstt and travel routes dud will be used to transport clients af - sloe, destinations of ravel and a *m*r ale tines of departure and return. 12. Ifs disposes of medical and/or bio waefe, a plan for disposal of these dale is 13. City application Form 400 {faddy stafiirg plan). 14. City application Form 500 (tiye W adMf" schadule). 15. A written staternent.thtt this Is your: only faulty, or If you operate more than one fa ft, submit evidence of the need by residents of Newport Beach far the capacity of the subject facility, based on published sources; per the requirements of NBMC Section 20.91A030. In addition to the above the application must also include &Axnittal of a location map shsadrg all conditions! uses wWM a flues block radars of the subject property in order to be deemed cbmplele. City staff WE prepare fills location map for your application using the City's GIB database and otter information. If you have any questions ormeed assistanoe, please do not hesitate to corrtad me at (502) 433- 9444. MA M KCNB Really, LLC, Property Owrw J. Kappeler, Code Enforcement Omelon Mar"er NCR 00031 2 8 Exhibit No. 3 Letter to Applicant Dated August 4, 2008 NCR 00032 Zq THIS PAGE LEFT BLANK INTENTIONALLY NCR 00033 "� ID PLANNING DEPARTMENT 1S 3300 Newport Boulevard, Hung C. Newport Beach: CA 92663 N. (949) 644-3200 Fax (M)644-3229 webslhe: www.Gtynewaort-basch.ca.us t'voa August 4, 2008 Ms. Kelly S. Johnson 180 Newport Center Drive, Suite 100 Newport Beach, CA 92660 Dear Ms. Johnson: Subject Property looted at 1216 West Balboa Blvd. Use Permit No. 2008 -033 On June 16, 2008, the City of Newport Beach sent you notification of receipt of an application for a Group Residential Use Permit for the above referenced property. The letter advised that the application has been reviewed and is incomplete because various items required per Section 20.91A.030 of the Newport Beach Municipal Code (NBMC) were not included. Specifically, your application did not contain the following: • A signed affidavit from the property owner authorizing the submittal of the application for a Group Residential Use Permit • A filing fee of $2,200.00 as a deposit. • A site plan that shows the facility's building footprint and property fines, property lines and building footprints on the parcels immediately adjacent to the subject property, including notes of the existing uses on the adjacent parcels. • A copy of a Preliminary Title Report or property profile that is less than 60 days old that verifies the legal owner of the property. • Approved fire clearance from the Newport Beach Fire Marshal. • A route map showing the transit and travel routes used by the facility to transport clients off -site, showing probable destinations of travel and approximate times of departure and return. • A copy of your State license or pending license application if your facility requires a State license. NCR 00034 11 1216 West Balboa Blvd. Use Permit No. 2008 -033 Page 2 • A budding diagram and floor plan of all rooms intended for residents' use identifying the number of residents per bedroom and the location and the number of beds for all residents. • A completed Application Form 150 (administrator or director Information). • Completed Application Forms 200C or 200P, and as applicable, Form 200D (corporate identity). • If the facility disposes of medical and/or bio waste, a plan for disposal of these materials. If the facility does not dispose of'medical and /or bio waste; .please provide a statement to that effect. • A completed Application Form 400 (facility staffing plan). • A completed Application Form 500 (weeldyactivities schedule), • A written statement that this is your only facility. If you operate more than one facility, please submit evidence of the need by residents of Newport Beach for the capacity of the subject facility. A copy of the June 16, 2008, letter is attached for your reference. it has been more than a month since that correspondence, and as of this date, we have not received the Items required to deem your application complete. We are unable to process your use permit application and schedule a public hearing until we receive these items. In the meantime, we are In the process of completing the location. map of other similar uses, which will be sent to you for your information and placed in your use penTdt application tile. Please be advised that failure to obtain a use permit for the group residential use of the above referenced property shall render the use of property nonconforming. Nonconforming uses of property are subject to abatement, per Section 20.62.090 of the Newport Beach Municipal Code. Such abatement must occur (i.e. the. use must cease) by the sooner of February 20, 2009; or The date at which your lease expires to use the property. This is only applicable if the lease was entered Into prior to December 7, 2007 (Section 20.62.090A2.a.fi) Once the application is deemed complete, we will schedule a public hearing before a Hearing Officer. The Hearing Officer is designated to approve, conditionally approve or disapprove applications for a group residential use permit. The Hearing Officer's decision may be appealed to the City Council. The City Council can sustain, reverse, or modify the Hearing Officers decision. NCR 00035 3z No(" of xaomae%Appiaeon use Pmt No. 2oDBms Faye 2 iQ Cam ded CRY of Itsgm Sewn spok0w +w 2000 a 2O0P and as appacade Ftam 20OD (mmards ber&A 11. A mtds map D a to aid havd rauhm that aN be rand to buapol daaaa off- SK slantnp dm*tdom dt wial and appmtbaab Onee ddaPUUG and tahM 12. lfthata�depoeeadme I andbrbbamb %apbnbrdwwddOSSmddtklsis m*kOd. 19. GAy appFsdbn Fam 10O p'adb�O.P�i u- �InO1��(�?YadhUesadratle} 1G A ubm atabmerd lhel Ode b yov oNy faUty. a M Ya+ apera1 mom utm am tar$y, aubdmklm adtlsneedbymdtlaaadNffApal Beadt brsocapa*dsoatA)bd Wft. bead m pthbw aotsaek Paso sptarwtatb of NOW sodm 2O21AM in aaddon tots above Me appfuBat Rest des kAds vAmWl of a boathn asp dnaag al =XRbnd des TAM a Oaas Mock W &m, or so KMad pmpaly M eels 10 he dammW daapI I my do. va piepam Oai badm map for Nar aPP I I %oW so CWa m eamb.as and cOsr Ytfarestlon - If Yw here wv I ,om a risen oraYprios, Pl9e6a do nd htxl�e b mntad me d 9ML ra Kew aadb.LLC.Pmpftovert J.NaPP.da.Cods&dtx nsrtt DMsbnitstsya F:WaffAWLN&WeffAYtPAe- PA2OO&IOMA -Moo -M boanpko%d NCR 00036 S-3 THIS PAGE LEFT BLANK INTENTIONALLY NCR 00037 3%,l Fxhihit Mn- A THIS PAGE LEFT BLANK INTENTIONALLY NCR 00039 .� Page 1 of 1 Debby Linn From DeW fin. -ne9 Sant Uwmday, October 23, 20081f1:28 AM Tet Keay Johmm Cr. Janet Brown Srrkj mm pod Coed Remnery CUP Dear Keay, Thad* for f cd t day_ Per our conversaaon. l undKsWW Bad you are woftV wah your dWd tow d foc al f2 6 w Swiew rd, and dint you subrrdt Um apps( ioWim NhV fte by 0* end of ocwto wm She j� requMed rtwOartala b be wW&Ad by on GM week or Deownber. Pbase kit ma lobes ff you need any a h your eabds to compW i ft CUP apparadon. Best Rapards, Debby Linn Linn & Associates 826 Mohno Avenue Long Beady CA 90804 Phone (562) 433 -9444 Fax (562) 4.43 -7190 NCR 00040 3 10/23/2008 THIS PAGE LEFT BLANK INTENTIONALLY NCR 00041 3 Exhibit No. 5 Application Materials ubmitted !November 25, 2008 NCR 00042 3q THIS PAGE LEFT BLANK INTENTIONALLY NCR 00043 `f o Broom Janet From: Brown, Janet Sent: Tuesday, November 25, 2008 8:21 PM To: 'Debby Linn' Subject: Newport Coast Recovery Attechmente: 20081125182209.pdf Hi Debby, Attached are the items submitted today by Shannon Armand, Executive Assistant, for Newport Coast Recovery. Each item is numbered to correspond with the items listed in the June 16 letter of incompleteness. I'll talc with you in the morning regarding your report. Janet Johnson Brown Associate Planner City of Newport Beach Mldl CIA 4990 NCR 00044 91 yy O NCR 00045 Liz t I 4 1 { {II 1 amieaFeuarew.. FIRE SAFETY INSPECTION REQUEST wo.asoaw.fran - see MsatrWAm our reuuoe. Ceii; ,has srfncF 41 -ai mss. TO W COYPt EM eT owecTm Mum" OITY OF NEWPORT BEACH -1 FOE FIRE OEPARTMOQT AM P.O. Box 1768 "°°nets NQNiPOATBEACH,CA 92 &Wl!i 1 I �tl✓%�f 3 3ooss R-lo•d Q�ERE CxAmax Of ww 2 caE GLemone oeaEo � ome e- consmucnaf t. qnc raua, V. SPrteA LM E. hovauge ft SPEO� 0O.&M O. Onim c � IVII-IL. CAPW i i%J 1AJC.LUt'c3 SrArF fi %L IENi`S RECBM 8Y // PIAP4'l#16Of�ARIMEN( / my 25 21,203 CR OF NVAN u NCR 00046 /3 a�w�++n+ar.a ARo-i nssr I{710 IRVfIGie,O� .vrr ASSY xa4 emuarmx — � . coven L W cwK e. UM &WM ucEwaaao 1 1 NOW AN ..vo - aaw.furr GUMOE AOORCBS �. Oh'NBt%W CfWME - L1{OOPEa9 CMWOE L J r. KAW awfae - 7. nTwit AIBU4lTO1lY NORArIOULAATORC ="loom TOTAL CMAg7Y ' FlWWC+wef'r WnCRY - MAW" alCMUifM w f 9 a9 =74 r CdG rtdriL/' Ceii; ,has srfncF 41 -ai mss. TO W COYPt EM eT owecTm Mum" OITY OF NEWPORT BEACH -1 FOE FIRE OEPARTMOQT AM P.O. Box 1768 "°°nets NQNiPOATBEACH,CA 92 &Wl!i 1 I �tl✓%�f 3 3ooss R-lo•d Q�ERE CxAmax Of ww 2 caE GLemone oeaEo � ome e- consmucnaf t. qnc raua, V. SPrteA LM E. hovauge ft SPEO� 0O.&M O. Onim c � IVII-IL. CAPW i i%J 1AJC.LUt'c3 SrArF fi %L IENi`S RECBM 8Y // PIAP4'l#16Of�ARIMEN( / my 25 21,203 CR OF NVAN u NCR 00046 /3 I Directions to 4019 Westerly Pl, Ste 100, Newport Beach, CA 92660 -2316 Directions to 4019 Westerly PI, Ste 100, Newport `50LH001 t.o AL Beach, CA 92660 -2316 When using any driving directions or map, its a goal idea to do a really check and make sure the road stilt exists, watch out for constriction, and follow all Vefl9c safety precautions. This Is only to be used as an aid in panning. c NOY 25,20 MOF NE'WPOR M Cp Page 1 of I NCR 00047 y� httpolmapa. yahoo tom /print?ard= 1 &vS= O&.intl =l 695&... 101221 M A Directiops to 901 Dover Dr, Ste 204, Newport Beach, CA 92660 -5516 Directions to 901 Dover Dr, Ste 204, Newport Beach, CA 92660 -5516 Told Time 11 mint. Total txttanet: 4.17 miler Summary and Notes START P Newport Coast Recovery (949 ).723 - 3165 1216 W Balboa Blvd, Newport Bosch, CA 62881.1606 FINISH P901 Dover Dr, SW204, Newport. Desch. CA 92860 -6616 YA11001 LOCAL Page 1 of I When using any driving directions or map, a's a good Idea to do a reaUty, check and mke sure the road still exists, Recemby watch out for construction, and follow all traffic safety precautions. This Is only to be used as an aid in plannin"AMM DEPATFNT NU 2520 CRY of NEWPORT BEACH NCR 00048 ys hthn• Jlm one aolirv. nnminw: nt9ori_ YAnR.f 1k.:.. f1=. �oR. X.... vF�.. If .F+.= 1A�nt�- 1&nle�-- 4']�M14ARR. /Af�MMC Directions to 414 32nd St, Newport Beach, CA 92663 -3801 Directions to 414 32nd St, Newport Beach, CAHIoOL toca,L 926633601 Tohl Time: 5 mina, Total Dia4nw: 1.23 mike r kb }> 1. When using any driving directions or map, it's a good Idea to do a reality Check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. IINfi` %ITOTV nPIiM MM/n�iw{O�`.i- ..�O�.O.`f�0 ♦� n .. - RECOM BY PL"WGDUARTMEM NOV 25 20 COY OF NEWPORT BEACH Page 1 of 7 NCR 00049 96 I May 13 09 06.10P P.1 State of CalNomfa Department of Alcohol and Drug Programs. License and Certification In accordanoe wM applicable provvsfons of the Health and.Safety Code of CaL7omia and Its rules, regulations, and standards, the Department of Alcohol and Drug Programs herebyfleenses and ced&& NEKAVRT COAST RECOVERY, L.P. to operate and meft4mb an adult resfdentfal akohof and/or drug abusel recovery orWe&reirt lb 6W using the fogowing name and looatlan:. NEWPDRT COAST RECOVERY, L.P. 1218MESTBALB.OA BOULEVARD NEWFbR-r BAACH, CAIJFORNIA" 92681 Thts license and cerdfloation extends to the (oliowfng servkes: RESIDENTIAL AL,00HOL ANMR OTHER DRUG SERVICES;" rur7rvrnr7er c�ccanmc• ncxlnlrcvv'ran roce.ru>:�ira eruururs• `' GROUP SESSIONS, AND 'EdtICAT /OVAL SESSIONS t mboons or aondrbons am lfsled es fellows: Treah?)wWFteoovery Capacdr. 29 Total O&Wancy for locatfon is knifed lo: 29 . t�;i3�ll�tlEN ComPlainls repOng MOM provided fn this fwMy should be directed 1o: CwgftW Coordinator. Pmgmm Canpea m Brunch 1700 K Street Sawamsnh, CaMomla 950114037 (916) 322 -2911 FAX: (918) 3244508 E-MtLQBMQQadPstM9xM.uF. Post In a prominent locadorL This License and Certlflcatfon Is not b1 NCR 00050 'Y7 " 94 North �0' BXMjDDiGSMZMH w 2&V ZIA' 24.Or stay MACOng zaa moy 3rxil 2 LIE EXIT You Are Here office OFFICE Meeting Room . MXIT EXIT Elm RECEIVED BY PIANMNC DEPARTMENT ITV 25 M UY OF NEWPORT BEACY NCR 00053 7310 YOU,Are Here Exit F Y Bedroom Bathroom E' ,4 0 25M C"HY OF NEWPORT PCF NCR 00054 S/ To Stairs 'Y You Are Here Exit Exit, Bedroom ft4ftG DEP> M WN 25 SM CUYOF NEWPORIMp Living Room Apt. 3 NCR 00055 SZ • Y- _ C Bathroom Kitchen You Are Here Exit' Exit Bedroom NOV 2510 Living Room MY OF Ant d NCR 00056 Yo N011 2510Q8 Is I I UY OF N VACH NCR 00057 Exit REaM By KANMW oRaMMM NOV 25 20 cff a NEINM BEACH NCR 00058 S NRS1-1 You Are Here Exit M.A. Bedroom Living Room- REMM By KAMM DEPARIMMT. WV 2520 COY OF-NEMT BEACH, sy NCR 00059 City of Newport Beach RECBV® BY GROUP RESIDENTIAL USES - USE PERMIT APPLICATION nmNING DEPARIWNT ADMINISTRATORIDIRECTOR INFORMATION (Form 150 - February 2008) " 252W 1.1C.ITrMY/! lUCn0AMATVIN EDUCATION MANAGEMENT EXPERIENCE WORK EXPERIENCE BEGIN WITH YOUR MOST RECENT WORK EV%ERIENCE. UST ALL E1fPERE NCE AKEVANT TO TINS TYP &OF U: PERMR. OaEOS .M Ad&M ofEmpiwow Du(b Re"M rot Lowing FROM ..xcnT- ,�SSrar a "are Q yeq. �o Hn c v v� il�O � - fYri # TO r"*V7 A k ZL FROM o 7 eh j:11//$E Cf1Ca lf..7b /. ue-1 eearii.ai Y . o FR Z to p.r •tpcN ,pr,�)oh»incJ7 7lAln Oa.r. rj � 57 TO c -♦ . WORK EXPERIENCE BEGIN WITH YOUR MOST RECENT WORK EV%ERIENCE. UST ALL E1fPERE NCE AKEVANT TO TINS TYP &OF U: PERMR. OaEOS .M Ad&M ofEmpiwow Du(b Re"M rot Lowing FROM ..xcnT- ,�SSrar a "are Q yeq. �o Hn c v v� il�O � - fYri # TO r"*V7 A k ZL FROM o 7 eh j:11//$E Cf1Ca lf..7b /. ue-1 eearii.ai Y . o FR Z to p.r •tpcN ,pr,�)oh»incJ7 7lAln Oa.r. rj � 57 TO c ff-q s7 NCR 00060 City of Newport Beach GROUP RESIDENTIAL USES — USE PERMIT APPLICATION ADMINISTRATIVE ORGANIZATION - PARTNERSHIPS, SOLE PROPRIETOR, AND OTHER ASSOCIATIONS (Form 200P — February 2008) PARTNERSHIPS 1. Apach'a copy d the paMerslrlp apreament � ° O f'� � � � 2. Partners Typo of Parbnmhip Nana Business Addraaa. Cdy artd 2P Code rtner General 1st Pa LkrAed Gus d 2nd Padw ❑ UmNed bd PaMH ❑ UnKed I Mh Partner °E dews .. CoMad Person H Tale 1.`(Q -. TekphmneR 03- cKl, SOLE PROPRIETORIOTHER'ASSOCU>,TIONS Sale Pmprkkrsbgror- assoda6nns. must also provide a W of d pm"$)>gh jftqx^a61e forgo arpan&g*m. gee wntad persa4 and tpprMAVA -kpal doaments ffi=w a mme skkment busk as kkenm) wtkb sd km lopi m6mrm"Iyof the owflu dton and atxouat *ft kr W8nkv the program . .Use RECEPAD BY PLANNING DEPARTMENT NOV 25 2008 CRY OF NEWPORT BEACH NCR 00061 Sg By ruwuWG OP W Nov 25 2W Cffy OF NE IFACH SECRETARY OF STATE e � `zl 1, Kevin Shelley, Secretary of State of the State of California, hereby certify. That the attached transcript of I page(s) has been compared with, the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. S �F" IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of DEC - 3 2003 <, A Secretary of State NCR 00062 51 osc 03 eosin NCR 00068 State of California 200332900006 Secretary of State " . Kevin Shelley ENDORSED = FILED In me 2"» = segnMryaaft au are. aft;etltrnl. CERTIFICATE OF LIMITED PARTNERSHIP NOV S 4,n03 KEVIN SHELLEY accomparri this form. ANT— IMPORTANT Secretary of State Rfiadinstr —. Read instructions before completing this form ple This Far Ff Use ON 1. Name of the limited I arinerstdp (end the ,lams with the wads united Partnerahp' or the abbrevadon'L.P.') Newport Coast - - - - 2. Set address od v office City and state Zip code 2227 Francsco Bea CA 2660 3. Street address h>f Ce [Q ot8ce wtwrerecords are kept qty - state Zip code -2227 Francisco Drive Newport Beach CA 92660 4. Compiete if tim8ed partnership was formed prior to July 1. 1984 and Is in wristenee on the date Uds cerdtcate Is executed. The odgkW limited Pannership certificate was recorded on - with the recorder of county. File or recordation number 5. Name the apart Rx service of process and check the appropriate provision below: Albert Pizzo which is Qy an Indvldual residing In Ca6tomia. Proceed to ham & a corporation which has Soda cort8cate pursuant to section 1505. Proceed to item 7. Individual, complete the Caftmia address of to agent for service of process: Address: 2227 Francisco Drive C Stele: CA Zip code: Aglitin 7. Names and addresses of aN general partners; (Alach additiorwl pages, If necessary) A. Name: Calm Pacific Seas, LLC Ad&ssa: 2227 Francisco Drive C Sate: C code: B. Name: Address: city, 8. Indicate the OSunbeS of general pamhera' algrattxes required for Sing cwff=tes of amendment, resatemem, merger. dissolution. cond wafwn and cancellation. One 9. Other maters to be Xnduded in this cer181caa may be set forth on separate attached pages and are made a part of this cotti6081e. Other meters may Include the purpose of ImsYrses of the limited partnership (e g.,'GamNing Enterprise). 10. 1 dedare that I am the person WIVo axejlbted this instumerd, which exacAion is my ad and deed. Calm LLC h (41. Sigrabr need PJgW e,.R Position or Ttte nt A thorized Person Albert Pizzo November & 2003 Type or Print Name of Authorized Person Dale Presidetrt of Oerreari Penner Signature ofAut prized Person Poston or TBie of Authorized PeType 4byl or Print Name of Authorized Person Date NCR 00068 City of Newport Beach GROUP RESIDENTIAL USES - USE PERMIT APPLICATION FACILITY STAFFING DATA (Form 400 - February 2008) Use this form to Identify all staff of the faolllty/program. Designate volunteers by placing a "V" after their name. Z 0 X o � Employee Name and Tide Date Total Time of Total Hours Date of Last Date of Last Employed Recovery Per Month CPR Training First Aid Program Sahedukd Training EXperienee Lo \b C\1Cvn'�o 0111 `a8 d t<LC� . 1100 oa Ica %g zk/ol (a-oio '[0.JvW�ev-i t0�t°tl D-1 LA �� 1100 obi4laCo8 ob (oNf-1°°`1 C%c-x- vw,LL'�- 1 as ,k LA(, ' 1l00 objai Ia008 obIbw(u oq orolO-(ja�8 o j 13 I oq x0 O Q,� P� .. z City of Newport Beach GROUP RESIDENTIAL USES — USE PERMIT APPLICATION WEEKLY ACTNITIES SCHEDULE (Form 500 — February 2008) WEEKLY SCHEDULE OF SERVICES 4-5 p.m. 5 6 p.m. I 6-T P -m. 7-8 P.m. TOTAL HOURS PER WEEK OF INDIVIDUAUGROUPIEDUCATION BE", RECOVERY OR TREATMENT PLANNING, AND DETOXIFICATION SERVICES (IF PROVIDED): Comments: City of.NewportBeach 67 GROUP RESIDENTIAL USES - USE PERMIT APPLICATION NCR 00065 8:00 8:30 9:00 9:30 10:30 AM 11:00 AM 11:30 AM 12:00 PM 12:30 PM 1:00 PM 1:30 PM 2:00 PM 2:30 PM 3:00 PM 3:30 PM 4:00 PM 4:30 PM 8:00 PM 5:30 PM 8:00 PM 6:30 PM 7:00 PM 7:30 PM 8:00 PM 8:30 PM 9:00 PM 9:30 PM 10:00 PM 10:30 PM 11:00 PM 11:30 PM 12:00 AM C• O• O Oi O rwa p.m. Meeting vport Beach Phase one of choice Newport Coast Recovery WeeklyTrestmpnt Schedule Hoag AA meeting I Heeling Pha" one Phase one :hanged or Moditatlon SS Necessary WlthmA Ptlor N Effective 07103121108 Program 111, November 25, 2008 City of Newport Beach Planning Department RE: 1216 W. Balboa Blvd. Newport Beach, CA 92663 To Whom it May Concern: Newport Coast Recovery only has one facility located at 1216 W. Balboa Boulevard, Newport Beach, CA 92661. Sincerely, Shannon Armand Office Manager plAlVfV1NG� By APAW NW 25 an MOFNEMKRFACP Uzi^ z��.". ����- �a�r�a.. �i�. �- �� .�- ������ »�NSt���ar��r�r�...�✓� I Newport Coast Recovery, LP. ' 1216 W. Balboa Boulevard, Newport Beach, California 92661 • 1.800.990.9691 t www newporlooastrecovery.org NCR 00067 L Exhibit No. 6 �ondence from the Newport Beach Fire Marshal NCR 00068 �s THIS PAGE LEFT BLANK INTENTIONALLY NCR 00069 6 i �'l• ,`. 1 5. Plow callmeif you have anyqu estions about thimfiatWo ifImay.,lfi ".iifairyfeili(er.assia2aiiEes June 6,, 2008 Newport Coast Recovery 1216 Weak, Balboa Blvd Newport Beach, CA 92661 RE: Fire and Life Safety Clearance Dear Mr. Swiney: Earlier this year, I sent you a letter advising you of a recent code interpretation by the State Fire Marshal and briefly explained how the interpretation might affect group residential facilities with more than 6 clients in one building. The interpretation does not consider whether the single building houses two or more dwelling units housing 6 or fewer clients in each dwelling unit — indeed, like a fire might, it considers only the fact that more than 6 clients reside in one structure. At the conclusion of the letter, I asked you to provide me with a comprehensive code analysis for each of the facilities you ovm or manage by a qualified architect prior to my office's inspection and anticipated issuance of "fire clearance" for license renewal or Use Permit purposes. To date, I have not received an analysis for your facilities. Please be advised that i will need to review your code analysis and a plan for corrections, ifnecessary, prior to the issuance of the "Fire Clearance" that is a part of your Use Permit application and part of your ADP application (if you are seeking a new or extended ADP license). The analysis should examine the impact of the Slate Fire Marshal's interpretations and all newly adopted regulations for group homes with more than 6 clients in a building. The completed analysis should be submitted to my office at the Newport Beach Fire Department as soon as possible. In order to assist you and yoirr architect with the code analysis, we have posted s. list of applicable Building and Fire Code provisions relative to the Group R4 Occupancy Classification (Group Homes, licensed or unlicensed, ,providing treatment and/or recwerp for more than 6 clients in a building) on our web page: www city newnort-beach ca us/FMD /defaWt.btm SAFETY SERVICE PROFES6rONALIBM y NCR 00072 The list may not include every provision applicable to your situation which is why we encourage you to obtain the assistance of a qualified architect. Please call we if you have any questions about tbis matter or if I may be of any further assistance. I look Forward to working with you in out continuing et%rt to pmt= the life and safety of the residents of our community. Sincere ly, Step mi ng Fire Marshal --�O NCR 00073 s Ct313'E IN 2P TJ p i Beadi Fine Dep&Mirteni (9a3)mam CeA 2001 CBC Section 317A daes iWu9p* to exterte$ valis of a Group R'62 located 3 feet or more from the pniperty: one. NCR 00075 Exhibit No. 7 Resident Correspondence -b NCR 00076 THIS PAGE LEFT BLANK INTENTIONALLY NCR 00077 �� Dear Mr. M, My name is Paul Lopez and I am writing to make note of my concerns regarding group residential homes in my neighborhood. I own and reside at 1125 112 W. Balboa Blvd., Newport Beach, CA 92f➢81.1 have lived here for over 8 years, and my immediate neighborhood has become densely populated with group residentieVsober living homes. As a matter of fact, I am sandwiched on both sides of my home by two such residences at 1115 W. Balboa Blvd. and 1129 W. Balboa Blvd. Living in such close Proximity, I have test hand evidence that these type of businesses, their clients, and visitors have adversely affected our Wing environment. In reviewing the application for 1132 W. Balboa Blvd., l note that the sty's environmental Impact analysis states that there will be 'no negative neighbothoodlerwtronmental Impact' created by granting the requested pemmt This conclusion irritates me to no end, as it is obviously the findings of someone who has not lived through the nightmare that we have experienced over the last five years. Despite trying to deal with the adverse effects of these businesses, and after many calls complaining to the site managers of smoke, swearing, noise, littering air-, very We has changed. I am a homeowner on the peninsula, a tax paying citizen and I am shocked that business at City Hall continues as usual as it relates to these group homes. I am traveling on business next week and I will not be able to attend the public hearing. Therefore, please take the below feedback as my fomual input on the permit hearing for both 1132 W. Bell= Blvd. on December 4th and the upcoming hearing for 1218 W. Balboa Sfvd.on December &h, troth within 200 feet of my residence. Here are my issues: Density: 1 note that the existing permit process advocates that these facilities should not be within 1000 feet of each other and only one such facility should be located within a Newport Beach city block. I have four (4) such facilities within 1000 feet of my residence and gum (3) of these are within my city block. The dose proximity of these Willies, with their clients and visitors, has negatively changed the landscape of my neighborhood. Noise, smoking, parking, swearing, and police visits have all negatively impacted my quality of life here on the peninsula. The properties at 1132 and 1216 W. Balboa Blvd. have the same densey- related issues as the other two facilities. The permitting of these facilities does have a negative environmental Impact to my neighborhood and my residence. How can the city provide a permit to these two facilities that are within a few hundred feet of each other, and within yet another few hundred feet of two add8lonW sober Fling facilities? This Is simply not In compliance with the permitting process as I understand it and Is downright unfair. Proximity to Newport Elementary School: I also rate that the existing permit process advocates that no facility be within 1000 W of a school. The clients of these facilities have demonstrated that they are not model citizens, most with some form of drug offense and others with criminal records. Why would the city permit such a family within a few hundred feet of the school? An approved permit would put these children at Increased risk of harm This is frankly insensitive to the families that have entrusted the City of Newport Beach to protect their children. RECMW 8Y DEC 012008 C�/ 7 „ f OF N NCR 00078 s Parking: The group residential homes In question use their garages as group meeting locations, group entertainment, and/or offices. These garages have been adjusted to militate this too of group use and not parking. Therefore, all clients with cars —this means most clisr t am parking on W. Balboa Blvd., creating an even more difficult parking: Situation for other residerts. As you know; the limited parking available on the peninsula has always been an Issue. These two group residential homes have worsened an already bad situation. Additionally, many guests and frequent business delivery vendors Illegally park In front of other residents garages and parking spaces. These facilities are using their available garage Parking for other business purposes. This practice has a negative environmental impact on my residence and neighborhood. Second -Hand Smoke: 1 have reviewed the aPPtication Process for both of these facilities and have noted the folbwnrng . stipulation: NBMC §20.91AO50A directs that `no staff, clients, guests, or any other users of the facility may smoke" in an area from which the secondhand smoke may be detected on any wcel other than the parcel upon which: the facility is located This is an Interesting requirement and= t:underetand that each facility applying for a permit must sign and acknowledge this requirement How does the City propose that these group residences comply? it is my first hand experience that most if not ail, clients and employees smoke. Per their own house guidelines, they are not allowed to smoke inside their units. Therefore, there Is allays a group of people outside smoking at each of these facaTities as well as at the two facilities that surround me. I suggest that you have your environmental impact group visit our location and comment on the fact that we have a continuous flow of second-hand smoke. If someone is smoking outside, there is noway that they can keep the smoke on their property. Therefore, they are putting me and my family at risk of cancer, emphysema, asthma and other negative effects of second -hand smoke. I cannot open the windows of my home without smelling cigarette smoke. l attempted to install central air conditioning to minimize this negative environmental impact, but I was told by the city that I could not put an air conditioning unit on my roof or down in my side yard due to city zoning requirements. This is not fair, not right and most may. it is Pulling my family's health at risk I believe it is the City's responsibility to protect my residence and family against dangerous second hand smoke. Other Issues: The clients of these facilities for the most part are not what one would consider responsible neighbors. They are generally bud, foul- mouthed, combative, and oblivious to social courtesies. Soma site managers do a batter job then Others in managing their clients to comply with the required standards, but In general, these residents are intimidating and disrespectful. Our neighborhood has changed for the worse due to these businesses, and I assume that most potential buyers would rat elect to buy next to one of these houses, so we have also taken a hit on future selling values. This whole process has been frustrating and detrimental to my home ownership and quality of Itfe here on the peninsula. Our residence and neighborhood have been and continue to be negatively impacted by these residential fiving facilities. NCR 00079 �4 This Is my Input on the permit process for the residential facility permit application process. I urge the City to reject the permit approval .for the facilities at 1132 and 1216 W. Balboa Blvd. for the reasons noted above. I would appreciate tf you woutd,respond to adew other questions that I have related to the two other residential ,living facilities that am located on each side of my residence. 1) I did riot receive a. public hearing natifxslion for the facility at 1216 W. Balboa Blvd. Since I live within 1000,feet of this facility, why was I not formally ratified? 2) What Is the status of the permit application for the facility located at 1115 W. Balboa Blvd.? Have they submhted an application, and is there going to be a public hearing? 3) Did the :facility at 1128 8aiboa;Blvd. surbmd for a permit under this application process? What is the status? If not, what are the plans and timing to shut them down? Mr. IQtf, l appreciate your follow -up to this letter. I, am a frustratad Newport Beach owner with two residential.11tring,fadlfties on.eibh aide of me.and another Mro within several hundred feet The density . Issues that tliese facilities create ere unfair and detrimental to my rights as a property owi er In Newport Beach. I took for the City to alleviate the current situation by minimizing the granting of permits in my neighborhood to ensure that prase 1aaitles are at least 1000 R apart and only one fatality per city block. Please confirm receipt Of this emafi so I am ensured that it has beceme part of the permanent residential 5ving permit record. S'uncarety, Paul Lopez 1125 112 W, Balboa Blvd. Newport Beach, CA 92661 951.316 -1992 NCR 00080 �/ GROUP RESIDENTIAL USE PERMIT HEARING (12/8/08): CORRESPONDENCE TQ HEARING OFFICER NCR 00081 1 1 28 7-00 1 111 1 2741 4v 1 _d w LAW' 0i"Ices LPBOWE, LnBowf -& Hoffmqn, LLP ,MHARD wo LABO,M 1611 WCOI WCVZMLT 8 OIICV--D POST Of-fct.BOK M429 .A.K S. A0T'm^H- CPI11.Y L. MP.SKY LOS. SIMACES, CAUM01A 96614-9746 hill 250.O�OA IM ,KPN�PNCP To, December 3,2009 Dave Kiff. Assigwnt'City Managerr Newport :Beach Planning D.apartraeut 3300 Newport B,Wd Newport pegoh, CA 92659-9915 Re: pyjcoaj File No. PA200&103 Activity f4d. 1AY20W-02: RECEIVED BY PLANNING DEPARTMENT DEC 08 m CRY OF NEWPORT BIRCH pear Mr. Kiff. Xy wirc: and , I qm* dw-pr6p%ty at 1,200 W.. bay kvefn*�-Nmmoil BOWL. Wd are oPPOVA to, additional alcohol And 4jVj abiic i06 houses being provided, at 1216 W.,Balboa Blvd, '=4 1.152 W. Balboa 13lvdt44p to th�ptaxirnjty tj) the public school along Balboa Blyd. between .13h) and 14 th at 1200' - W. Ba i0najprqpcgy*at-wc own at 1404W.-- OceanfrbAL svpets�.Oor�ofi* �. Avenue and addft Wry truly youm, NCR 00082 Brown, Janet From: ff. Dave Sent Monday, December 08, 2008 9:56 AAA To: 'Tom Allen; Brown, Janet Subject FV%t Group Residential Use Permits up for review FYI From: Laurie Md(mie [maiRo:mcktalk@ mac cwnj Sent: Monday, December 08, 20M 9:55 AM To: Kill, Dave Cc Henn, MUwJ Subject` Group Residential Use Permits up fw review Dear Dave, Regarding the applications for group recovery homes on the Balboa Peninsula, specifically those in the 1100 and 1200. blocks of West Balboa Blvd.: As 32 year residue of Newport Beach, specifically the Balboa Peninsula at 11th and 12th Streets, we would like to voice our concerns. 1. The over - concentration of these homes in this residenital area will continue to hurt our home values sand it changes the neighborhood feet. 2. These 'recovery homes' are forprofit businesses. They adds burden on the city's trash services, traffic, security, parking, as well as added noise and air pollution 3. The homes in this arcs under review have more than 6 beds and need to be strictly regulated.. 4. A vast number of these group homes are owned and operated by a handful of for profit businesses. These businesses need to be regulated by density of their facilities within a given.area to avoid over - concentration. We urge the City of Newport Beach to continue its efforts in making this City on of the finest in the country. We hope that you put the citizens and local taxpayers interests and needs at the forefront, as you review and regulate these Residential Care Facilities so that their density and proliferation will not negatively affect this wonderful beach community. Sincerely, Terry and Laurie McKenzie 1151 W. Balboa Blvd. Balboa Peninsula, CA 92661 949 - 673 -2379 NCR 00083 Brown, Janet From: Klff, Dave sent: Monday, December 08, 2008 0:40 AM To: 'Tom Alt re; Brown, Janet Subject: FW:1216 W.Balboa Blvd. For the record From: breasy@W.eom [mailio:breasy@aol.=n) Sena: Sunday, December 07, 2008 10:33 PM To: riff, Dave Subject 1216 W.Balboa Blvd. December 7; 2008 Re: 1216 W. Balboa Blvd. IF.d.TiSt�;iTiil We own the; duplex at 1213 W. Bay Ave, which is directly behind the Rehab Facility at 1216 W. Balboa Blvd. that is operated by Newport Coast Recovery. We purchased our duplex in about 2002 under our business name, Willow Creek Diversified. It is a rental property for us and is a big part of our retirement income. We do not do seasonal rentals and our tenants -have all been couples and #amilies that live in Newport because of the special lifesyle it offers. The Rehab facility has been a source of problems with every tenant we've had. Over the years we have complained to Newport Coast Recovery directly about .ALL-of the items listed as adverse impacts m the ordinance. When management has bow available, they have said they will try to correct the problems. Things may improve for awhile, but new clients are constantly arriving20and the same old problems start again: 1. Our trash cans have been used by the Recovery home and food has been dumped in the alley behind our duplex. There have been instances of piles of cigarette butts in the alley. 2. We have had many noise complaints..... loud and offensive language is often heard across the alley as the rehab residents yell at each other. 3. There is a constant flow of traffic in the alley. On one recent day when we worked in the garage, we counted 18 vehicles in a 45 minute period. There were both vans and cars bringing supplies and people. 4. We had one really terrific family move out of the duplex after many complaints. We talked to management about their concerns and they talked to management and residents directly. Their car was keyed following one such incident and they were sure it was a result of their complaints. To paraphase our tenan t, "We want to live in a nice neighborhood without all these problems. I'm too old to be in a pissing match with a bunch of disrespectfitl people in rehab." There are four rehab facilities within a block of our duplex and all within 1000 feet of the school. There is another group home in the application process two doors down from us on West Bay. That would make five. How did the City ever allow this to happen especially in such close proximity to Newport Elementary? Newport Coast Recovery has had many months to prepare all the required documentation and I shingly urge you to deny their application for a CUP at this time and NOT to grant an extension. NCR 00084 Sincerely, Pam Bacich Pm in Sacramento on business Monday and won't be able to attend the meeting. Please see that the Hearing Officer has a chance to read my concerns. NCR 00085 Brown, Janet From: riff, Dave Sent Thursday, December 04, 2008 2:28 PM To: Tom Allen'*, Brawn, Janet Subject FW. CUP Application as posted 12 -4-08 with staff report dated 1241-08 Importance: High SensiHvBy: Confidential for the record for Newport Coast Recovery. From: Denys Oberman (maAt .,d.obemian@obemonassooates cam] sent: Thursday, December 04, 2008 2:21 PM To: Kiff, Dave Cc: KR Bobko Subject: CUP Application as posted 12 -4-08 with staff report dated 12-8-08 ImportuncM High Sensitivity: Confidential We have reviewed the application as posted to date for Newport Coast Recovery at 1216 W. Balboa, along with City correspondence and staff report We object to a continuance of the hearing based on the following 1. Applicant has had over 6 months beyond the. legal submittal date to "complete' the application. This Is well beyond the bounds of 'reasonable acconodation ". It has already been years where lack of regulation and accountability has provided a windfall to the sWect business operator(and property owner), at the expense of residents, and at risk to the public. No more delay. 2. The proposed continuance deprives the public of Its right to recelve full Information and ability to respond thereto,eonsisfent with their rights. Most people had to make special anangements to attend the 124mee**rnes wori4 alternative child care,etc.) and this places additional undue hardship on residents and citizens that are stakeholders, who may also be unable to attend at a later date. 3. Final request PLEASE provide me with confirmation that the evidence of impacts and violations submitted by various residents and businesses in the community associated with this Use, to the City ally. and code enforcement, fire department,etc, is located and submitted to the Hearing Officer. This Information should Include evidence for the past 4 years as we previously discussed. Please enter this communication Into public reoord.Thank you. Regards. Denys H. Obermmm, CFA A Q13EMNAN Shategyand FMMV iAdwaas ..." OBE O"N Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476-0790 Cell (949) 230 -59M NCR 00086 Fax(949)752 -8935 Email: d.iates.com CONRDBM iiLITY NOTICE The doaanents,=mgmybg this transmission contain confidential Inbrmatia, balm" b the sender which is kp* privileged The inbraudon is Irnfnded only for ft use of the individuals edty named abom if yca are Wlhe Intended mdpient. you are hereby notified final any disdosure, copying, dr WWfion or the tafdni; of any actlan in re§MM on the contents of ft tetmoed infamnation Is strictly prohibited. Byou have received this bansndsslon In error, please no* us immediately at 9481476-0790 or tlne ekehmb address above, to arrange for the relen of the dotu mt(s) b us. NCR 00087 Brown, Janet From: Denys:Obennan [ d.oberman@obemlanaswciates.com] Sent:. Monday, December 08, 200810:29 AM To: Brown, Janet Cc: ICdf;.Oave Subject RE: CUP Application as posted 124-08 with staff report dated 12 -8.08 Importance: High Sensitivity: Confidential Janet- Thank you. These documents can be submitted to the Hearing Officer along with the following clarification: 1. 1 note that, ft City has altered my documents to delete certadl ind'ividual's names. This is acceptable to me, except that one document has comments pertaining the the Property owner at 1219 W. Balboa, not the rehab business Operator. 2. It is my understanding that the City already previously disclosed my complaintskontents thereof and disclosed my identity to the Newport Coast Recovery operator, Based on various comments that he has made to me directly. I will expect the City to advise the operator that any further Intimidation or threats of retaliation is unadvisable. Thank you. Denys H. Oberman. CEO - Newport Beach resident �y A OBER IM StrafOrJr Mid fllarlt!/I Agsbor9 OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476 -0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Email: d.o 'FAobermanassociates.com CONFIDENTIALITY NOTICE: 11edowmmaco rm, umswjnwncomanaofida "wmmstionlingmdosederwbicbis Degeny Fin'cW& Ile information H yamen aexbaeodedrecipicKyouambnebyaotlRed cat any dndoaoe, copying, distribution or ft Wking of my Action In ¢lima on do conlena ofMis ekoopied iiotmation is strictly Fubhbi c& If you have recdved din bwonuss hin ewr, plmu not*asimme Eddy 419/4764M or doe docuon(c adMcur glove,m wrap for die ram oftlm docunrnt(s) to us. NCR 00088 , -a, , Cosylion, Matt From; Kappeler, John Sent: Thursday, December 21, 2006 10:13 AM To: Cosylion, Matt Subject: FW. Complaint and Request for inspection and citation Importance: High From: Denys Oberman [ maflto: d .obetman @obermanassociates.com] Sent: Wednesday, December 20, 2006 3:57 PM To: Kappeler, John Subject: Complaint and Request for inspection and citation Importance: High John - Thank you for returning my cad. To confirm, following is the complaint from myself and nine other residents in the neighborhood In connection with A business and administrative office being operated from residential property at 1219 West Balboa. My home is in front of this facility,so me and my neighbors observe and are subjected to the impacts on an ongoing day and night basis. This business office is being operated by Newport Coast Recovery LLC) and who is teasing this facility improperly to this company knowing its use. The business office has employees not residing mere coming in and out every day,as wall as customer traffic by car and foot. It is creating adverse noise, traffic and parking impacts in the neighborhood. We have photographs which can confirm the staff and customers coming in and out,should you need them. As this operation is inconsistent with the authorized residential use and city regulations, we greatly appreciate your attention. Thank you for your assistance. You can reach me at the telephone numbers below . Regards, Denys H. Oberman, CEO x I I bli&MAN Strategy and F}nancial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476 -0790 Cell (949) 230 -5868 Fax(949)752 -8935 Email: d.oberman@obermanamociates.com .._.__— CAdFJQEd7JlaltLYNQTICE: Ihedacumenlsaccort�anyiaglhistmasmission _t�otalor�nfldeatlaliofofma8n ion which is legally privileged. The information is intended only, for the use of the indh dual or entdy named above. If you are not the Intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in re@ance on the contents of this teiecopied Information is strictly, prohibited. If you have received this transmission in error, please notHy, us immediately at 94914MO790 or NCR 00089 12/2t/2006 rage L v! L the eW&wic address above, to arrange for the retum of the documengs) to us. NCR 00090 12/21/2006 Wolcott, Cathy From: Denys Oberman ld-obermen@obermanassociates.coml Sent: Thursday, March 27,2007 12.40 PM To: Kappoler, John; Woloolt, Cathy Subject: Complaint re. 1219 W. Balboa. Request for status confirmation Importance: High JohnfCathy- Page 1 of 2 I previously flied a Complaint regarding the facility at 1219 W. Balboa operated by Newport Coast Raooiwy as Integral facility to their operation across the street at 1216 W. Balboa Blvd! As verbally confirmed by you, this facility is: 1. NOT licensed by the State to operate(evem though Its residents receive superyislon and treatment from the integral facility based at 1216 W. Balboa,as wet as services Iricludingrneelfings; and Irvinsporlellomeb—) 2. In violation of a number of elements of the City's zoning and bulkliM codes. I would greatly appreciate your prompt confirmation of the status o1i'linvestigation and.anforcement from the various agenclesTo confirm, per your recommehdation.C"hy, a complaint was allsofil6d with A601concerning the operational non-licensed Laws. I have received no word back from thern.411161'sn.thou'O'h If has b6n w'ellover a month. PLEASE move forward as we know that the City legally can.and enforce nuls� and cod , a , elements. Also,thers are some now customers of the Newport Coast business Who were out In ftnt on besch,tallting about their parole. What is being done toregufate this by the City? This business Is right on top of.u.s, and close to ,Newporl Elementary Schookhalf a bfock away).t We are having major problems with smoldngJarge piles of garbage, and new customers of thairs:loftering around the alleys and properties: The owner of Newport Coast Recovery has been antagonist when residents complain about smoldng and other Issues. In the InWrim.MY neighbors and I note continued 'Group Homes' expansion an 121h Streetboth at this specific location,and others. Thank you for your assistance and follow through. Regards, Denys H. Obernuw6 CEO OBERMAN Strategy and Financial Advisers 2600 Mchelsan Drive, Sake 1700 Irvine, CA 92612 Tel (949) 476 -0790 Ceti (949) 230-5968 Fax(949)752-8935 Email 12bmmenRobarnanamocialm.00m CONFIDENTIALITY NOTICE The &CUM01111S 0000"WOnying this IranarniWon contain confidential lnbmdw belonging to N =xW which Is legally pivilleged The h1onnallon Is Intended only for She use of the [rKRvWuel or entity named above. If you are not the Irilanded 1109K you are hweby noffiled that aw ftclosum COR4, dl*billon or ft Wft of my adibn In reliance on to wrlents of This Weo*W Inknnalon is sw* jrchlbled. If you ham received this banwftsion in error, please no* us Immediately at U076-OM or Ire ekwUmic aftm above, to arrange for Me return of the domment(s) to us. NCR 00091 3/23/2W7 77!q A r, a R '� LGM:4T ;jla Ye � - J V }yM ! 14 y~ i '"�y •fira���� 4"21-0612:007 p +�1 e� +sue ..� y F JL nj .r• �1 ski�z'" V ^ V � `.., ._�— '�•� -. L � :'-p 1'r' 'i' j1 "�4'�`6rv'Ty�r^d iY� S,s e r�' i v 4 'kc �' F x rr a s u all ', Page 1 of 3 Kappeler, John From: Denys Oberman [d.oberman@obemianaswdates.00mj Sent: Friday, March 23, 2007 9:54 AM Cc: Clauson, Robin; Cosylion, Matt Subject: RE Complaint re. 1219 W Balboa- Request for status confirmation Importance: High Thank you,John. Cathy !Robin, is the ADP Inspection complete? If so, can we please receive documentation concerning their findings? When the inspection was done,did they review the status of the people in the residence,and what Rehab operation they are affiliated with? If you recall, we did establish definite integration between this location and the customers and operations,and that across the street at 1216 West Balboa. This is definitely an integral facility affiliated with Newport Coast Recovery's business on the Penninsula. The people In this faci8ty,per them and the manager,are under the same supervision and services as 1216,and have the same Rehab status. John,1 do, appreciate your desire for date- stamped photos. I believe: that the ones I.provided you with the customers and managers carrying things and walking across the sheet from 1216 to 1219 did have this on them. Your follow up is greatly appreciated. Regards, Denys H. Oberman, CFA . ���MAN Strai[{yrandP4taeelel,Advlsors OBIERMAN Strategy and Financial Advisors 2600 Michelson Drive,.Suite 1700 - Irvine, CA 92612 Tel (949) 476-0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Email: d.ohWMM@Obrmhanassociates.cohn CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain oon8dentW information bebnging to the sender whlrJh is legaly, prWeged. The Infornation is Intended only for the use of the individual or entity Chemed above. t you are not the iateratsd redpteht, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of Ibis tslecopiad tnfarmation Is stricty, prohibited. If you have received this transmission In haror, please notfy us Immediately at 949147154790 or Me electronic address above. to anags for the rebirn of the daarmenks) to us. From: Kappeler, John [ mallto: JKappeler @dty.newport-beach.ca.us) Sent: Friday, March 23, 2007 9:06 AM To: Wolcott, Cathy; Denys Oberman Cc: Clauson, Robin; Cosyllon, Matt Subject: RE: Complaint re. 1219 W. Balboa- Request for status confirmation Here's a Code Enforcement Update: 1. Nuisance Code Complaint - we inspected 1219 W Balboa Blvd from public right-cf -way (prow) in response to Denys' complaint of excessive trash and debris. I didn't find any violations and called Denys with this Information. 2. Home Occupation Complaint -we inspected the entire property at 1219 W Balboa Blvd and found no evidence of an illegal home occupation, however, we did find an illegal (unpermitted) unit upstairs in the attic. Enforcement 04/03/2008 NCR 00093 Page 2 of 3 of the illegal unit was temporarily placed on hold at the request of ADP, pending completion of their inspection. Denys was given Oils information. Now that ADP has completed their investigation, we are actively back on this case and working with the property owner to bring the residence into compliance. Denys, for any future complaints please give me as much detail as possible and if you can send me date stamped photos that would be great Thanks, John From: Wolcott+ Cathy Setif Thursday, March 22, 2007 1:44.PM To: 'Denys Obennan'; Kappeler, John Cc: Clauson, Robin; Everroad, Glen Subjects RE: Complaint re. 1219 W. Balboa- Request for status confirmation Hl Denise — i. t called ADP and filled a compiaint.against 1219 West Balboa on or about January 28, 2007. 1 said that neighbor reports and Code Enforcement inspection indicated that 1219 was operating as an annex of the licensed facility at 1216 West Balboa, there was no license for the 1219 facility, and this indicated that the capacity of 1216 West Balboa might have been exceeded as well. The ADP complaint officer who subsequently.investigated 1219 W. Balboa told me 1219 West Balboa was a sober living home. The ADP hasno problem with residents of'the sober living facility attending treatment at the 1216 fact*, because the 1216 facility is certified by ADP (as opposed to Just licensed) and therefore authorized th give outpatient care under the terms of its ADP license. The ADP certification does not automatically trump local zoning code restrictions that are applied to all other residents, although federal law may require certain exceptions from the code as a reasonable accommodation. Since our Investigation of that issue in relation to this facility is ongoing, I cannot comment further on it at this time. I believe I did iofdrm you verbally of this on February 22. 2. John Kappeler can address this issue, if his investigation of building violations has been completed. 3. 1 wig call my contact at OC Probation and see if she has any information that can be disclosed to me on parolees at this location. Talk soon, Cathy From: Denys Oberman (malto:d.obemwn @ obennanassodates.com] Sent: Thursday, March 22, 2007 12:40 PM To: Kappeler, John; Wolcott, Cathy Subject: Complaint re. 1219 W. Balboa- Request for status confirmation Importance: High John/Cathy- I previously filed a Complaint regarding the facility at 1219 W. Balboa operated by Newport Coast Recovery as Integral facility to their operation across the street at 1216 W. Balboa Blvd. As verbally confirmed by you, this facility is: 1. NOT licensed by the State to operate(even though Its residents receive supervision and treatment from the integral facility based at 1216 W. Balboa,as well as services including meetings and transportation,etc.) 2. In violation of a number of elements of the City's zoning and building codes. NCR 00094 1 would greatly appreciate your prompt confirmation of the status of Investigation and enforcement from the various agencles.To confirm, per your recommendatlon,Cathy , a complaint was also filed with ADP concerning the operational non - licensed issue. l have received no word back from them,even though it has been well over a month. PLEASE move forward as we know that the City legally can,and enforce nuisance and code elements. 04/03/2008 Page 3 of Also,there are some new customers of the Newport Coast business who were out in front on beach talking about their parole. What is being done to regulate this by the City? This business is right on top of us,and chase to Newport Elementary School(Italf a block away).t We are having major problems with smoking,iarge piles of garbage, and new customers of theirs loitering around -- the-elleysand-properfi. a - -- - ----- - - - --- The owner of Newport Coast Recovery has been antagonist when residents Complain about smoking and other issues. In the Interim,my neighbor; and I note continued `Group Homes` expansion on 121' Street,both at this specific location,and others. Thank you for your assistance and follow through. Regards, Denys H. Oberman, CEO. A OBERMAN Stmuff and FlnancW advisors OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476 -0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Finag: d.oberman rr o6ermanassociates.corn CONFIDENTIALITY NOTI E -The documents axampanyi g this transmission contain oonidential Marmaion belonging to the sender which Is legally privilega The Information is Intended only for the use of the individual or enilynamed Wove. If you are not the Intended red0ent you are hereby no65ed that any disclosure, copying, distribution or the tal ft of my action in reliance on the contents of this tetecopied pdonrk&n is strictly prohibited. If you have received this from. issicn in ermr, please notify us Immediatelyi at 90478-0780 or the electronic address above, to arrange for the mWm of the documents) to us. NCR 00095 04/03/2008 Cosyiion, Matt From: Kappeter, John Sent: Wednesday, July 11, 2007 11:03 AM To: I(Iff, Dave Cc: Cosylion, Matt Subject: FW: Code enforcement status of 1219 W. Balboa Importance: High Sensitivity Confidential fyi- From: Denys Oberman [ mailt o :d.oberman @obermanassodates.mm) Sent. Wednesday, July 11, 2007 9:57 AM To: Kappeler, Sohn Cc Henn, Michael Subject: RE: Code enforcement status of 1219 W. Balboa Importance: High Sensitivity: Confidential John — Thank you for update. 1. The owner did not have surgery when he was fast cited. We will verify t he actually did ;as he is fveMamdwn for around things. Since he personally does not need to do the required mods., and his son, a handyman and electridan,lives bcally, there is no good excuse. 2. This facility hawses customers of Newport Coast Recovery who are paying to be in, Residential care and treatment It is integral to 12116 W. Balboa. We submitted photos previously omoeming this,as did another resident We expect this to be shut down: either through property owner,OR through the operator,Newport Coast Recovery, who needs to confine his operation to the licensed facility at 1216 W. Balboa. Appreciate your efforts. Regards, Dmys H.Obennan, CEO A oB0RMM Strategy and Flm nclal Advism OBERMAM Strategy and Financial Advison 2600 Michelson Drive, Wte 1700 Irvine, CA 92612 Tel (949) 476-0790 Cell (949) 230 -5868 Pax(949)752 -8935 Email: d obn1au Wxmrn�+._ - soeiates co a CONFIDENTLUM NOTICE: The documents accolmFheroV aft trmsyIssion wd* confidenN Wonnation belongiri; lo the sender �aan- wr. vaorlym�uagp, rrrypiwanw4x�FwwIM1 41tlWUfilfi@ f�i& Y56q- a1aA7 61Naa91 -0FBmU6yf7elmea�OYerIFyBIF BfefiBh-aieWlBfleW —_ _ _. -___._ recipient you we hereby notified that OW exicalre, eapymg, dstdWrw or the taking of amt action in tellance on the centeab of tfds Oelacopted Wormal on is st 0 prohibited. If you have received this to wnlasi0n In spar, please notify is Fnmmdiateiy at 8491478-0790 or NCR 00096 07/11/2007 the Ontro do address above, to arrange fur the return of the document(s) to us. From: Kappeler, John [ maiibo: JKap peler@dty.newport-beach.ca.us] Sent: Tuesday, July 10, 2007 2:31 PM To: Denys Oberman Ce: Henn, Michael Subject: RE: Code enforcement status of 1219 W. Balboa Sensitivity: Confidential HI Denys, I've attached an earlier small to remind us of the violations discovered as a result of Code Enforcement's and ADP's inspections. Here's an update relative to our enforcement actions. t. The property owner previously received two Notices of Violation (NOV's). 2. He requested an extension for compliance, which was granted as he's recently had open heart surgery- His compliance date was July 1, 2007- 3. He's since requested another extension, which was denied. 4. We Issued an Administrative Citation last week. 5. Well Issue a second Administrative Citation this week, and will continue to Issue citations until he obtains compliance. . I agree with you, this case has taken a while, but be mindful of two things: 1. ADP asked us to suspend our Investigation (which we did) until they conducted an Inspection, and remember they found no violations. 2. We do gram extension for compliance if the property owner Is responsive andlor has a valid reason to ask for an extension. In this case the property owner has been somewhat responsive (i.e. he's been Into City Hail attempting to get building permits), and open heart surgery is a valid reason for an extension (he even taxed us a copy of his surgical order} Hope this helps. Thanks, John From: Denys Obemwn [ rriailto: d .oberman@obennanassoclates.com] Sent: Monday, July 09, 2007 2:43 PM To: Kappeler, John Cc: Henn, Mcael Subject: Code enforcement status of 1219 W. Balboa InWortance: High Sensitivity: Confidential John - How was your 401? 1 wanted to confirm the status of our complaints and the City's investigation of the facility at NCR 00097 07/11/2007 '1219 W. Balboa. Citizens had reported business in residential home involving traffic of people and vehicles in and out also, an illegal residential care fadiity,housing customers paying for treatment. I was previously told that the City did find evidence of both Building Code violations, and also beds for some type of %roup home" use. What is the status on this? We see more and more people coming in and out of here,going across to the other Newport Coast Recovery building at 1216 W. Balboa, continuous smoking at facility, and In large groups on the beach daily. Please let me know what the status on this is. Have the Owner ( ) and the business operator. (Newport Coast Recovery) Been cited, ftned,tokf to cease? I would greatly appreciate your response in the next several days, as this has been sitting for months now. Thank you, for your help. Regards, Denys H. Man.= Cho A OBERMAN Sualegy and Financial AelWsara - OBFMKAx Sb-xbW and Financial Advisers 2600 Michelson Drive, Suite 1700 lrvfae, CA 92612 Tel (949) Cell (949) 230 -5868 Fax '.(949)752 -8935 Em-11: CONFIDENTMI Y NOTICE: The documents aocernpanying tht transmission contain omildental Wonnation,belongk to the sender wtdcl is leg* privileged. The informa8an's intended only for the use of the Indhddual or entity named above. If you are not the intat" redpient, you are hereby notillel that any disclosure, otpying, distribution OF the Wag of any action in reliance on the contents of this talecopied Information Is strictly prohibited. if you haw reo*W this transmission in error. plesse notify us immediately at 949147WSO or the dectronb address above, b arrange for the return of the documents) to us. NCR 00098 07111/2007 NCR 00099 11287 -0011V 127414vl.dw Use Permit Hearing Monday, December 8, 2008 Newport Coast Recovery, LP u Staff Presentation • Brief Background on Ordinance zoo8 -o5 (Dave Kiff) • Presentation of the Newport Coast application (Debby Linn) Applicant's comments, if any Public Hearing Opened . • "Comments limited to 3 minutes unless Hearing Officer determines otherwise Public Hearing Closed Applicant can return to rebut or clarify comments made Questions from the Hearing Officer to the applicant or to City Staff Hearing Officer's determination — alternatives are: • Approve with conditions; • Deny; or • Continue the hearing to a date certain s 0 0 r 0 This is a Use Permit hearing held under NBMC Chapter 2o.gi(A) — Use Permits in Residential Districts Ordinance 2008 -05, effective February 22, 20o8, calls out this process: Most existing group residential uses had to apply for a Use Permit to stay in operations by May 22, 20o8. ■ A Hearing Officer shall make a determination to approve or deny the Use Permit. ■ The Hearing Officer's decision can be appealed to the City Council. ■ The City Council's decision may not be appealed, but "reasonable accommodation" may be requested. RA requests go before a hearing officer at a public hearing, and can be appealed to the City Council. • Ordinance zoo8 -oS exempts one type of home from the Use Permit requirement— ADP- licensed treatment homes: • Housing six or fewer persons, and • Which do not operate integrally with otherfacilities ( "Integral, Facilities "). US District Court Judge James Selna in May 20 8 b4ocked the City from requiring networked ADP - licensed 6 and Unders'from:going through the Use Permit process (SLBTS). o. 0 0 N MAP LEGEND Y . Use closed- or utMer aoecement orce, O . Namoncn to aoate FeP:010 U . iPPaed !o' ■Use Parmr. 91 = Use u an A[:P- :icensec "6 anc Jnder' not :ub)ect to Use Palm r req,Pement ®= DSS-1 Cenwo lame clay core s e of beds /occupancy. J O O O W eY4Z,C. r a,.' � o Y S•. .y s ..• e ' _ v. Manna Pad. _ .. R x t SUSRCT PROPERTY _' ... a t _ NW.oert El MAP LEGEND Y . Use closed- or utMer aoecement orce, O . Namoncn to aoate FeP:010 U . iPPaed !o' ■Use Parmr. 91 = Use u an A[:P- :icensec "6 anc Jnder' not :ub)ect to Use Palm r req,Pement ®= DSS-1 Cenwo lame clay core s e of beds /occupancy. J O O O W ^s 0 o 0 0 W� FL tL O O OI W4 c., L.4 it A,-- cam. LOCATION MAP Uses within 3 Blocks of Subject Property (Corrected 124108) 11 Ft Subject Property 9&tca Htt.4•.5 IF L=11 in Andress use of Site 132 'Are s t satboa Blvd. Samoa horcons 2. 1115'Aest Gallm BNd. Ocean Recovery 3. Balboa Blvd. Ne•&wn Coast Recovery 4. 1217 '%Yest Say Ave Ocean Recovery 4 A:'.F -licensed. 6 and Jncer; 5. 1327 --h-est Ballm Rv-d'- No ; W" Ek mentay-Schocol 6. 14170V.01 Sal!)W blvd: Cnns chu-nn o'j the sea and prc•schoxcw 7. 11441,41 . ies.1 Balboa%Blvd. Our Iaay of Ml Camel Crutch iw The Kramer Center • Wednesday, December so, 2008 • City Council Chambers .. • 4:00 to 6:0o p.m. Balboa Horizons (2nd Hearing) • Wednesday, December 1o, 2oo8 • City Council Chambers ■ 4:00 to 6:oo p.m. is Pending for January • Ocean Recovery • Yellowstone Recovery (Use Permit and RA hearings) Pacific Shores Recovery (possible RA hearing) 0 0 0 GROUP RESIDENTIAL USE PERMIT HEARING (12/8/08): TRANSCRIPT NCR 00108 I I287- 001111127414vLdoc CERTIFIED COPY PUBLIC HEARING ON NEWPORT COAST RECOVERY, LP BEFORE THOMAS W. ALLEN, ESQ., HEARING OFFICER NEWPORT. BEACH, CALIFORNIA MONDAY, DECEMBER 8, 2008 NCR 00109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 Public hearing was taken on behalf of the City of Newport Beach at 3300 Newport Boulevard, Newport Beach, California, beginning at 4:00 p.m.', and ending at 5:50 p.m., on Monday, December 8 2008, before LAURA A. MILLSAP, RPR, Certified Shorthand Reporter No. 9266. PRECISE REPORTING SERVICE 800 - 647 -9099 21 NCR 00110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NEWPORT COAST RECOVERY - 12/8/2008 APPEARANCES: For The City of Newport Beach: RICHARDS, WATSON, GERSHON BY: PATRICK K. BOBKO, ESQ. 355 S. Grand Avenue, 40th. Floor Los Angeles, CA 90071 -3101 (213) 626 -8484 CITY OF NEWPORT BEACH BY: DAVE KIFF, Assistant City Manager DEBBIE LIMN, Associate Planner SHIRLEY OBORNY, Administrative Assistant 3300 Newport Boulevard Newport Beach, CA 92658 -8915 (949) 644 -3002 3 PRECISE REPORTING SERVICE 800 -647 -9099 NCR 00111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 NEWPORT BEACH, CALIFORNIA; MONDAY, DECEMBER 8, 2008 4 :00 P.M. - 5:50 P.M. MR. ALLEN: Good afternoon. We're going to open the proceedings here. My name is Thomas W. Allen, and I've been designated by the City as a Hearing Officer for this particular hearing involving 1216 West Balboa Boulevard. I am not employed by the City except in the capacity as a Hearing Officer, and.I don't have any interest in or involvement with group homes or recovery homes. So my role is as an independent Hearing Officer. The matter today, as i said, involves the 1216 West Balboa Boulevard and is designated a use permit 2008 -003. Before we commence, does anybody have any motions or requests or requirements? MR. RIFF: Nope. . MR. ALLEN: Then we'll proceed with the hearing, and we'll commence with presentation of the application by City staff, and I expect Mr. Riff will proceed first. MR. RIFF: Yes. Thank you, Mr. Allen. And I'm going to present a brief background on this material. For those in the audience who were, including the Hearing Officer, at the last hearing, it PRECISE REPORTING SERVICE 800- 647 -9099 41 NCR 00112 1 2 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 will be somewhat repetitive, so I apologize for that. But for those who are new, it won't be, and i think it's valuable information. When I'm done, Debbie Lynn, who is with our Planning Department will provide specific information about this application. so if you will excuse me, I need to turn'some lights off. so this is the use permit hearing for Newport Coast Recovery, LP. At today's hearing, there will be this presentation by the City staff. Then following a specific.discussion about the Newport Coast application -- for those you in the audience, it should be available outside. It was also available on the Web site. Then the Applicant.gets up and speaks, and the Applicant may offer comments about the operation. The Applicant's time is not constrained. This is how we do any use permit hearing. 'rhea the public comments are open, and those comments are limited to three minutes, unless the Nearing Officer determines otherwise. Then he closes the public hearing. And the Applicant can return to rebut or clarify comments made. And again, there are no time constraints on the Applicant's presentation, because it PRECISE REPORTING SERVICE 800- 647 -9099 5 NCR 00113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 really is their.use permit application. And.then there are questions from theRearing Officer to the Applicant and the City staff, and then the Hearing Officer can make one.of three determinations. It ;can approve with conditions, deny the application, or continue the hearing to a date certain. So to give folks an additional background of why we are where we are, this is a use permit hearing under the Newport.Heach Municipal.Code that relates to use permits in residential districts. And this chapter was amended into the Code in February of 2008, which calls out a specific process that most existing group residential uses had to apply for a use permit to stay in operations, and they had to apply by May 22nd. Newport Coast Recovery did apply for that use permit. A Hearing Officer can then make a determination to approve or deny the use permit. The Hearing Officer's decision, either way, can be appealed to the City Council. The City Council's decisions may not be appealed, but a reasonable accommodation may be requested. Reasonable accommodation is a concept in federal law involving persons are who entitled -- who are disabled, like persons in recovery, and entitled to fair PRECISE REPORTING SERVICE 800 - 647 -9099 61 NCR 00114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/812008 housing opportunities. And those reasonable accommodation requests would go before a Hearing Officer and a hearing substantially similar to this one and can also be appealed to the City Council. So you can see there are a number of steps in this process. Thin is just one of them. Now, the ordinance exempts one type of home from the use permit process and that is a state licensed treatment home, and the state agency that licenses these I'll refer to as ADP. That's the Department of Alcohol and Drug Programs. And it allows homes that house six or fewer persons and which do not operate integrally with other facilities, so you couldn't have six next door to six under the same ownership. That's what our ordinance literally said. In May of 2008, we were in court on this item, and the Federal Court blocked the City from enforcing this requirement that we have in our ordinance that allows to us consider linked or networked state licensed homes with six or fewer people from going through a use permit process. Now, the major company in town that does this is Sober Living by the Sea. The subject of the hearing today does not do this. This is a PRECISE REPORTING SERVICE 800- 647 -9099 r 7 NCR 00115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 one -home -- sorry -- one facility with 29 beds in it. Sc it is clearly subject to the use permit process. And just as a reminder, I showed this to the folks on-Thursday, this is a map for the Hearing officer's benefit as well that shows where homes are located on the central Balboa peninsula. And I'm going point out, for instance, this is Balboa Horizons with 11 beds. This is Ocean Recovery with 22. -beds across the street. This is the subject property, 29 beds at 1216 West Balboa. You'll see a couple of hash mark spot&. These are homes that could have applied but did not apply for the use ;permit -- for a use permit. These are subject to abatement by February of 2009. There's another Ocean Recovery facility up here with 16 beds that did apply for a use permit. And then that's Narcenon Southern California with 49 occupants. They are subject to a different kind of abatement. They have agreed to leave town effective February of 2010 without going through a use permit process, and, again, agreed to leave. So the City has entered into an agreement with them to do just that. This is the immediate vicinity of the area for Newport Coast Recovery. This is 1216 West Balboa. You'll see the property uses around it. I may, PRECISE REPORTING SERVICE 800 -647 -9099 8 NCR 00116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 Mr. Bearing Officer, refer back to these maps if you have questions. And then with that, I'll have Debbie discuss a little bit about the specific application. Ms. LINN; Thank you, Mr. Kiff. The application before you this afternoon is use permit number 2068 -033, which is an application by Newport Coast Recovery for approval of the use permit at 1216 West Balboa Boulevard. The project site, as David explained, is a . seven -unit apartment building in an R3 zone currently, with an occupancy -- permitted occupancy of 29 residents. The Applicant submitted their application on May the 20th. And subsequent to that, the City issued a letter of -- a Notice of Incomplete Application'to the Applicant on June 16, 2008. The contents and requirements of the use permit application for group hones are the same requirements and content requirements as for other use permits in the City_ And, in fact, to help facilitate the assembly of the application materials, the requirements for the use permit in group home situations have been somewhat simplified in the form of a checklist, so that Applicants would have a little easier time of getting their applications in. PRECISE REPORTING SERVICE 800 - 647 -9099 0 NCR 00117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 On August the 4th, the City sent a follow -up letter to the Applicant requesting that the application materials that were outlined in the Notice of Incomplete Application be submitted by September 2, 2008, and also advised the Applicant that the failure -- the reason that these application requirements are necessary were in order conduct and completely evaluate their applications,, and that failure to obtain the use permit could result in an abatement proceeding taking place. Since the August the 4th letter to the Applicant, staff conducted a series.of telephone -- tried to make contact by telephone with Applicant on several occasions. In October, the Applicant and City staff discussed the status of the application. And at that time, the Applicant stated that the remaining materials as outlined in the June 16th Notice of incompleteness would be submitted to the City by the first week of December 2008. And at that time, staff also offered to assist the Applicant in any way necessary in order to facilitate the submittal of the materials to the City, so that we could bring the application forward with a good and complete analysis. On November 14, this Applicant did submit the jrequired fee for the application. And by November 25th, PRECISE REPORTING SERVICE 800 - 647 -9099 NCR 00118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 some of the additional materials that were requested in the Notice of Incompleteness were submitted. Those are included as Exhibit 5 to the staff report. Staff evaluated the materials submitted and has determined that the application is still incomplete for the reasons - stated in the staff report. As an addendum to the staff report, we'd like to mention that., as part of the staff .report, some of the letters that were received from residents in the city were included as exhibits to the staff report. And we'd like to augment that with some additional letters that have been received since the publication of the staff report, which are available -- these letters are available both outside the Council chambers here and have been delivered to the Rearing-officer. In addition, staff has received a police report from the City of Newport Beach Police Department listing a chronological history -- a chronology of the calls that have been made since 2005 regarding the specific address at 1216. Because the application is incomplete at this time, staff has been unable to prepare a comprehensive analysis of the project; however, it is presented to the Nearing Officer at this time as a form of an update and PRECISE REPORTING SERVICE 800- 647 -9099 11 1 NCR 00119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 to direct the next steps regarding this application. The Hearing Officer has the authority to either approve this application, conditionally approve the application or disapprove the application. in order to approve or conditionally approve the application, the finding as stated in the staff report need to be made by the Hearing Officer. At this time, staff.is recommending that this hearing be continued to a date certain in order allow the Applicant to submit the- remaining materials, but,also to -- needed for.this application to be deemed complete, but also to direct :the Applicant to provide all the materials within 21 days prior to the scheduled continued hearing date. That concludes our presentation on this particular application, and staff is available to answer any questions. MR-ALLEN: Can you indicate what items are still outstanding or -- I.mean, in the staff report, there's item one through six. I believe that some of those have been submitted, but what specifically is still lacking here? MS. LINN: Well, actually, all of those items, one through six, which I can enumerate for the publics benefit, those items are all still outstanding. PRECISE REPORTING SERVICE 800- 647-9099 12 NCR 00120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15. 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12(8/2008 We did not -- a signed affidavit from the property owner needs to be submitted. A comprehensive site plan is required, as is required of any use permit. The Applicant submitted some form of a plan that's not really what's considered to be a site plan. The site plan needs to show the facility's building footprint, the property lines, adjacent parcels, and building footprints on adjacent parcels. We bad not yet received apreliminary title report. They did submit a preliminary what we call. routing -plan. This is item number four. However, we -- the requirements for the routing plan for shuttle service to and from the project site require that we also be provided with times of departure and return for -- and the travel destinations of the shuttle service or bus service that is providing service to the site. And that was not included on the route map that we received. We received a sort of directional map in response to our request for a building diagram and floor . plan of all the rooms. we can provide an Applicant of the example of the type of floor plan and building diagram that is needed for the application when and if the Applicant requests it. But to date, that has not been supplied. And then the last item is a statement as to PRECISE REPORTING SERVICE 800- 647 -9099 13 1 NCR 00121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 whether or not .the facility disposes of medical and /or bio waste, and if so, to also include a plan for the disposal of these materials. And if the facility does not dispose of medical and /or bio waste, really all we-need in that regard is a statement in letter format that says, "We do.not deal with those .sorts of materials.• So those are the outstanding items to date. Additionally, the Fire Marshal will request a comprehensive code analysis before the use permit is valid. We have requested and received a Form 850,,which is a fire clearance, from.the Fire Marshal. However, up -to -date fire codes -- the Fire Marshal is now requiring a complete and comprehensive code analysis as part of a condition of approval or complete -- prior to the sign -off on the COP. MR. ALLEN: Have there been discussions with the Applicant regarding the fire requirements and the need to have an analysis or study done to commence that process? MR. KIFF:. Yes, Mr. Allen. And not directly with the Applicant himself, but weve had a couple of discussions since the Balboa Horizons' hearing on Thursday. And this requirement will require modification. I'll speak that to that later in the PRECISE REPORTING SERVICE 800- 647 -9099 14 NCR 00122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - .12/8/2008 hearing, depending on what your direction is as the hearing goes forward. But it has involved a legal review with Special Counsel and our own City Attorney with the Fire Marshal. I apologize. I wasn't able to let Debbie know that before the hearing. MR. ALLEN: Thank you. Okay. I think we're at a point where we can ask the Applicant to come forward and, - hopefully, cpmmence.hy addressing the issues here that are on point, Primarily the code requires there be a diligent effort to comply with the use permit requirements, and it looks like it's been about six months. So where do we stand? MR. NEWMAN. Where we stand is that I believe we'll have it all in this week. We had somebody that we had hired to do all of this, was working with a few of the different facilities. And unfortunately, he failed to get this all completed. We have since gotten the title reports. We have site plans. We had to have an architect come in and redraw the site plans. The site plan that I actually submitted with the application was one that I ran by Dave Aiff, and we thought that it might suffice, but apparently it didn't. It was one that was in the City PRECISE REPORTING SERVICE 800- 647 -9099 15 NCR 00123 1 2 3. 4 5 6 7 8 9 10 11 12 1.3 14 15 16 17 18 19 20 21 22 23 24 25 J NEWPORT COAST RECOVERY - 12/8/2008 records. The building is over 50 years old, so it's very difficult to -- actually,.older that than. It's very difficult to find anything on record, so we've had to start from scratch. But I do believe we have most of the information completed. The City requested is that we not piecemeal any more information, and for it to all come in at one piece, and that "a what we intend to do this week.. And I'll go on from here. You know, I've never walked into -a place before where I know everyone's against me. I'm usually on that side of it. And I realize what's going on here, and I'm going to address of few of these things right now. My name is Mike Newman, and I'm a partner in Newport Coast Recovery. My partner to Newport Coast Recovery is -- MR. ALLEN: I'm sorry. We have a. problem, and I've forgotten already the first time. Everybody that comes up to talk needs to give their name and -- there's no address requirement, I take it? MR. KIFF: Name is fine. MR. ALLEN: -- their name and spell the last, so that it can be made a part of the record. Thank you. MR. NEWMAN: My name is Mike Newman. My last PRECISE REPORTING SERVICE 800 -647 -9099 Ila NCR 00124 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 name is spelled N- e- w- m -a -n. ilm a partner in Newport Coast Recovery. My partner in Newport Coast Recovery is Dr. Albert Pizzo. Dr. Pizzo has lived and practiced medicine in Newport Beach for over 50 years. five lived in Newport Beach for over 45 years. My wife and I both graduated from Newport Harbor High School, and our kids have all attended and graduated Newport Beach public schools. i-m a founding board member of the:Newport Harbor Baseball Association. And my wife and I are involved in numerous local charities. My partner and I are not profiteers the came into the city with bad intentions. our roots in this community are deep. Newport Coast Recovery is a State licensed and City licensed facility. we have never tried to manipulate the system in any way. Newport Coast Recovery has been in business at our current location for over five years. The building was previously a recovery home for men operating under a different name five years prior to my involvement. when my partner and I took over the facility, it was in a horrible state of disrepair. We've literally invested several hundred thousand dollars of improvements to the building. We came in and cleaned up the mess that was a visual stain on the street. We really are trying PRECISE REPORTING SERVICE 800- 647 -9099 17 NCR 00125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 to be good neighbors.. it's tough in this business, because neighbors don't like the business. So it's tough for anyone to look at us with a:friendly eye. and this is a first time that I've ever come up and really associated myself with this.business. I've lived here my whole life, and, you know, I don't want.to be:enemies with.my neighbors. .I want to address a few of.the. specific concerns that the•new ordinance calls out. Noise. We do our:best to control the noise. No music is to be::played after lights out, which is 11 p.m., and nothing before 9 a.m. We encourage our clients to use headphones and found that this has solved a lot of the noise issues. But when you.get 20 men together, it can get loud sometimes. We try to keep it orderly. If the neighbors can hear it and I know that our people who work. for us can hear it, we try to take care of it as quickly as possible. Secondhand smoke. our clients may only smoke within the properly designated areas. We have areas inside the facility where our clients do smoke. People in rehab smoke. We'd like for them to stop. we'd like for them to do a lot of things, but it's not easy to change someone's life in 90 days completely. PRECISE REPORTING SERVICE 800 - 647 -9099 18 NCR 00126 1 2 3 4 5 6 7 8 9 10, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 Traffic congestion. Newport Coast Recovery owns one van for transporting our clients. At any given time, we may have five staff members on -site. We can generally accommodate most of our employee's parking on -site. Our clients are not allowed to have cars during the first 30 days of treatment. And generally, they must have a valid reason to have a car thereafter. A valid reason would be a job. Currently, we have 14 clients in the facility and not.one of our clients has a car. Excessive trash. The only outside service that actually comes to our facility is Waste Management. We have a dumpster where we get rid of all our trash. We don't utilize the City trash. And they come twice a I week. Excess of debris on the sidewalks. Along with our no smoking policy in front and rear of the facility, our employees every morning go in front and the rear of the facility and sweep up and clean. They want the place to look very good. It doesn't look good when there's garage, cigarette butts, out in front. And generally, we make every effort to keep that as clean as possible. Police activity. The Newport Beach Police Department Records Division can verify they have responded in 2008 to no calls or complaints from the PRECISE REPORTING SERVICE 800 -647 -9099 19 NCR 00127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1218/2008 public regarding our operation. We've had five incidents that have involved police activity in our facility. Three.of them were 'medical aid that they followed up for one person that was having a diabetic seizure three times in a 90 -day period. Two of the calls were from us for vandalism to our I vehicles. in closing,.I'd like to offer something to the city and concerned citizen of Newport Beach. I would immediately offer to reduce our ADP licensed bed count by 20 percent. I really hope that this offer is taken in the spirit that we're making it. We're not looking to load up our building and make millions of dollars. It just doesn't happen. We really want to be responsible neighbors. I've met with Denys. I've given her my pledge that I would work with their group the best I could. And I still believe that we can work together as neighbors, and I'm willing to do that. I'm happy to answer any questions. MR. ALLEN: Before any questions, if anybody else has a cell phone that's going to go off, Will you please turn it off? It really does interfere with the orderly operations. I don't know. Staff may well have questions, PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 but my concern in looking at this application -- and this is only the second one I've looked at, so I'm not entirely up to speed -- is that I don't see in the application enough detail to give the staff the ability to say that you've presented a plan of operation and management. And I think that's a really important element of these operations. You began to address you're doing your best, you know, and you mentioned cars and smoking, and sweeping and. cleaning. And in all. that plan of operation, those are only small parts of it. Really give the City and you a level of knowledge about what your plans are and what you're obligated to do and operate. And certainly, I mean, if I had total control here, I wouldn't approve one of these facilities until there was an operating plan in place so that we knew what the permit was going to say in pretty good detail. Because, as you can see, we know there's a lot of conflict here. And the more detail we can get, the better off everybody is, I think. MR. NEWMAN; Is that something that is omitted -from our application right now? MR. ALLEN: Pardon me? MR. NEWMAN: Is there something in our application that's supposed to cover that that we didn't PRECISE REPORTING SERVICE 800 - 647-9099 21 NCR 00129 1 2 3 4 5 6 7 8 9 W 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 do, or is that something in addition that you're looking for, or something for me right now? MR.'KIFF: I'll help answer that, Mr. Allen. There is a section of the application, if I have the correct one in front of me in the packet, that basically starts at page 14, or so, and then moves to page 17. And that section is not filled out. And those are some of the issues that Mr. Allen raised about -- MR. NEWMAN: Okay. MR. KIM -- about the quiet hours that you spoke to. You mentioned, for instance, 11 to 9. And I think the 9 o'clock is something that we're supportive of. We may want to try to pull back to 10 or so, but these are the kinds of things that we'd like to see discussed. MR:-- NEWMAN: Then, Dave, what I can tell you right now, as of today, I will get on that, and I will have that in addition to the other things that are omitted that I believe we have in place right now. I will personally fill that out and have that into your office before the week. They are not things we have to create or make up. It is part of our operation. So I'm sorry it was omitted, because it should be relatively easy to fill out. PRECISE REPORTING SERVICE 800 - 647 -9099 22 1 NCR 00130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 MR. KIFF: Okay. MR. NEWMAN: We did have a lot of hands touching. I'm not generally the person that fills out these things. I did hire an attorney to handle this, as you know. And, unfortunately, when your attorney stops returning your phone calls, and he's cashed your check, it's a difficult situation. So we've had a difficult time with our counsel, and we're hoping to rectify that. MR. LISKIN: Do you have a note from your mother? This is ridiculous. MR. NEWMAN. All I'm looking for is some dignity and respect, sir. MR. LISKIN-. Give to the communities -- I' MR. ALIEN: No more of that. Thank you. Anyway, I thought that that would be helpful. Let's see. At this point, I don't think we're prepared to go on and talk about specific deadlines or anything. I think we need to hear from anyone else. Do you have any other -- any other people other than the Applicant to -- MR. NEWMAN: I do not. I can answer any questions that many people are definitely going to have. I don't know if the questions are mostly-statements, like the last gentleman. But again, you know, I'm happy to PRECISE REPORTING SERVICE 800- 647 -9099 23 NCR 00131 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 answer anything. I'm not here to create any more problems. I'm sorry for whatever was created with this whole situation. I'd like to help. MR. ALLEN: I think it would be really important while the hearing is going on if you would think:about what kind of time commitment -you can make to put a complete wrap on this presentation. Because if we:agree:to a continuance, which is probably the case, I think, in substantial part for legal reasons but.also to give you an opportunity get it done right, it needs to be pretty quick. 'MR. NEWMAN: We'll have it Hone. THE COURT: It needs to be comprehensive. MR. NEWMAN: It will be comprehensive. We have one through six pretty well completed, and :I.can. have this all completed by Friday.of this week. MR.,ALLEN: Well# okay. You know how that goes. You submit it, and then the staff says, well, that's not really complete - complete. And so -- but if you can commit to make your submittal by Friday, and then we go from there, and I bet you the staff has some recommendations on that. Why don't we hold off on that for the time being, and let's hear from the public, and then we'll ask you to come back up, and you'll have an opportunity. PRECISE REPORTING SERVICE 800 - 647 -9099 24 NCR 00132 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 So, we're going to open the public:hearing now. And as Mr. Ki-ff mentioned, we have got a time limitation on three minutes for each speaker, and please.stay with that. We aren't using this light system, but there's a little buzzer that goes off at the end of three minutes, and please just put a wrap on it at.that point, I mean, 10 or 15 words at the most. Because, otherwise;, you're just.being rude to other people that want to have the opportunity to talk. So with that, let's start an orderly progression here. And please remember to give your name and spell the last before you start speaking. Thanks. MR. LISKIN: My name is Matt Liskin; and I want to apologize -- L- i- s- k -i -n. And I.want to apologize to everyone here: But after the speaker from the facility got up, I lost my temper. The reason r lost my temper is because it's clear to me that the attitude of this gentleman is the attitude that all of us are is so disturbed about, and that's really rationalizing bad behavior. And if this -- my background is about 20 years ago I started a company in health care which became the third largest provider of acute care hospitals in the country, 50 hospitals. And from the facility level up, health care is PRECISE REPORTING SERVICE 800- 647 -9099 25 1 NCR 00133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 a local business. :-At each facility, you have an administrator who is responsible for very basic operations. And the fact that there is not a plan that was submitted to you after all the consternation and what you've been asking for speaks volumes about this individual and :its operation. My view is - .that -if ::they .can't respond to the City, how are they ever going to respond in a respectful way to their neighbors? It makes no sense. And again, excuse, after excuse, after excuse. This;business depends on running a tight ship with difficult people. If you cannot have a partnership with the City, given the time .they have been given, again, how can they respect our community? So again, without specifics -- and finally, I think what we've seen.today is why all of us are so upset with.. the operators.and, perhaps, this one in particular. And it's clear this gentleman is being an absentee owner, and I don't care if the doc who has been here for 50 years is associated with the facility. How many hours a week is the doctor there? What is.he responsible for? Is this JACO certified, this facility? I don't know. . But again, foremost I want to apologize to everyone here. But with all these people here, all the PRECISE REPORTING SERVICE 800- 647 -9099 Pzi NCR 00134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 time that they have put in, all we're getting is excuse, excuse, excuse, my lawyers, this people, that people. Sir, if you are an owner,, this is your responsibility. MR. ALLEN: No, you need to address up here. MR. LISKIN: Excuse me. . As an owner, it is his responsibility. We are homeowners. :This is our community. I don't care if he lives in Newport. Let him live 24/7 in the facility, and then I will respect that as an owner. Let him have &.use plan, and then he'll respect the City. But this is (nonsense. And to give him a continuance is disrespectful to everyone in this room. Thank you. 'MR. BATLEY: My name Craig Batley, B- a- t- l -e -y: Mr. Allen, City staff, and all of these fine people out here who came out today for this hearing. You know, I think everybody here feels the same way here. We have all this City time taken, we have all the time of the people out here, and I probably imagine not one person out here is for this facility being approved. And I just can't even believe that this process can even have a hearing without a complete process­ a completed application. I think we shouldn't even have a hearing. This is ridiculous. From PRECISE REPORTING SERVICE 800- 647 -9099 27 1 NCR 00135 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY'- 12/8/2008 henceforth, I would recommend that the City staff, if you don't have a completed application, just postpone the hearing. You, as the -- and your time is being wasted, too, Mr. Allen. You have no choice.but to continue this, no choice whatsoever, or just not approve it. On its face,. this is not approved. T would just not approve this thing. I'm totally against any operator who not organized and can't even make a responsible presentation. This application should be flat turned down. And another thing, we have this development agreement being approved, and the operator has agreed to not have the facility within a thousand feet of a school. This is within a thousand feet of a school it's in a wrong location. How can you have one operator not operate within a thousand feet of the school and the other one.you can? That makes no sense either. This whole process makes no sense. I recommend that you flat reject this application. MR. MILLER: My name is John Miller, And I live in the block that the Applicant is presenting here today. And I think from my own self, and my wife too, we discussed it, we think that this whole idea is bad. PRECISE REPORTING SERVICE 800- 647 -9099 281 NCR 00136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 And some of the reasons are, to begin with, it's-less than a block to the school. Now, I know these people that stay in here are not hardened criminals, but still, they are criminals. And for them to wonder around close to this open school yard -- our school yard at Newport Elementary School is not fenced in. Anybody can walk up there at any time. So I'm not against sober living, but I'm against this location. Also, when they have trucks come up to deliver things and take waste away, the alley behind there is quite narrow, and there's no way a fire truck can get through there in case of an emergency. so that's a bad thing. And also, even though he says that maybe some of the people -- a few might have cars, man, there's no parking and especially in the summertime. And these people are going to have family and friends come to visit them. There's no place to park. But anyway, I just think it's a bad location, and thank you very much for letting me address you. MR. LOPEZ: My name is Paul Lopez, and I live at 1125 1/2 Nest Balboa Boulevard with my wife. MR. ALLEN: Could you spell your last name? MR. LOPEZ: L- o- p -e -z. And I actually have to say that I'm probably a PRECISE REPORTING SERVICE 800- 647 -9099 KRl NCR 00137 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 pretty good person to comment on this house and others only because I feel as though I've been in rehabilitation for five years. And I've got a facility on both sides of my house and have.for, I think, one for three years and another for five years. And in reading the report from last week, I know we're com ent.commenting on this one, but when someone says that there is no negative impact to a neighborhood, it's somebody that, doesn't understand what's going on in these houses. The gentleman - that - spoke. I guess, Mr. Newman, who talked about it's like having 20 guys together, and we do our best to manage them, another way I would call that would be a fraternity, basically. And it's very dependent upon the individual that they put in charge of managing those individuals. And I drive by that place every day. And in all respect to Mr. Newman, I don't see him sweeping. I see him smoking, okay, and gathering out front in the morning. It's within -- it's less than a thousand feet from the school. I thought that the City had reached a negotiation, and -- and I thought a good understanding that we wouldn't put these facilities close to schools and potentially jeopardize our kids. How does one PRECISE REPORTING SERVICE 800- 647 -9099 30 NCR 00138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 enforce, you know, these? Again,.I'm probably a little bit different in that I've got one on each side of me. i've got 1132 across the street, which I understand is on its way to approval. And then this one, that's 400 feet across the street. All of those four facilities are within a thousand feet of the elementary school. The parking down there. And again, in respect Ito Mr. Newman, I've.heard everybody say that they don't allow their people to use cars. And I know we're .going to hear a few more applications come up. But for anybody that lives between 11th and 12th Street over the last three or..four years, to see the density of parking there, and we've got four facilities there, I see these folks get in their cars every morning. So I would just say as part of the application process, that we're able to validate what these owners are saying about their clients being able to have cars on -site. I can tell you the two on each side.of me, all those kids have cars that they park out in the street. Noise? Again, I must be living to next to the two worse facilities in Newport Beach, because I don't see any type of time code. They are down at the courtyard at 11130 at night joking and smoking. God, must have bad managers there. PRECISE REPORTING SERVICE 800 -647 -9099 31 NCR 00139 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 And, you know, the littering and the like. I think all the stuff will be documented by other people that speak here. But what I would suggest as part of process and a part of somebody that's running the business that this group has had ample time to submit a full application. Okay. So we're sitting here. Mr. Newman . talked about how he's going to run his facility. And my question to.hi. and others is how you can make a commitment to the community here that you're going to run an orderly facility when you can't even fill out an application. I think that's quite disrespectful to the City and to the neighbors. And I urge the City -- I understand that you're recommending a continuance. I don't know why we just don't reject the application. If they can't put the time and effort and respect into doing it, as others have in the community, I see no reason why we should entertain their permit any longer. Thank you. MR. MATHENA: I'm Larry Mathena. I submitted written comments, M- a- t- h- a -n -a. Just very briefly, because I think there's a number of things to focus on here. Number one, you have not had diligent pursuit, whatsoever. Number tyro, you have had a clear example, as PRECISE REPORTING SERVICE 800 - 647 -9099 32 NCR 00140 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2048 Paul has rightly said, as to, from my perspective, utterly poor management. Number three, I live in the same.building as i Paul, so everything he said is also true for me. MR. ALLEN: I'm sorry. What's your address? MR. MATMDM -. 1125 1 West Balboa Boulevard. Number three, you have an interesting comparison here, on some levels, I'd almost suggest that these folks at least consider the 1132 Balboa Horizons' efforts in the comparison, by the way, of someone who, appears to be a responsible operator compared to someone who, on the face of things -- I don't want to make any direct judgments. But having said that, I want to make a very clear point. If you go back and look at the proposed statement of conditions of Balboa Horizons' conditions, there's nothing in there that precludes them from having 100 car permits tomorrow. So I totally agree with your observation that there should be a plan of operation and !management. But it should end up, if you did have a responsible operator -- and by the way, if you did have 'one more than a thousand feet from a school, because, to me, that really does trouble me. It troubled me from Balboa Horizons, and it troubles me for anybody -- that PRECISE REPORTING SERVICE 800 -647 -9099 MA NCR 00141 1 2 3 4 5 6 7 8 9 10 11 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 they follow those specifics. And if they don't, that they are subject to potentially losing their permit. Next thing want to put out there -- and I hear sort of the waffling already. You know, I've.been involved in real estate. And to me, I've had fire departments shut down operations. And I hear.this sort of, well, we're going to do this and that and the other. Is that a policy decision by the City of Newport Beach? Because if it is, I think you should go, all the:way to.the City Council and allow the public to speak to it. I mean, you are talking a fire safety issue, not who. You know, frankly, we could have prevented these businesses or else:put them in safely to begin with years ago. And from ray perspective, it looks like we're trying to bury the point potentially because we should have dealt with it properly to begin with. Last thing -- I have two more things. We've got a building that, unfortunately, is 14 occupants at the moment. That's terrible, so we have somebody that's willing to sacrifice 29 down to 5. Big deal. It's a (meaningless gesture. Last point is, I totally agree with the observation, but just to reiterate, one, the planning director has the absolute authority in the context of a PRECISE REPORTING SERVICE 800 -647 -9099 34 NCR 00142 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 failure to accurately and with due diligence submit an application to dismiss it. Should have been done. Alternatively, they shouldn't have wasted your time. They shouldn't have wasted my time by dragging us in here. And three, it's the last important point, if they do do an. application, and we do get conditions out of the City, I sincerely think we would have a full hearing all over again,: so that the public is given the opportunity to respond. Having said all that, if you can't terminate this.one, there's none that you can terminate at:all. And this is -- if that's the case, this is a complete and total charade. MS. OTTING: Hi. Good evening -- I mean, good afternoon. Happy Holidays, Merry Christmas. My name is Dolores Otting, O- t- t- i -n -g. I live in Newport Beach. My concern is for the health and safety and the fire code issues. This building was stated that it's 50 -plus years old, and that there's an inside area which allows for smoking of 29 men. So that has to be a considerable amount of cigarettes. A couple of years ago, my husband was on the peninsula. We have two properties on the peninsula, including the family home, and there was a fire. And I PRECISE REPORTING SERVICE 800- 647 -9099 351 NCR 00143 j 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 don't know if you've driven down there, sir, but in the meantime, the density is quite intense. Basically, you can get two fire engines down there, but then you had 13 or 15 fire engines from all the other areas in the county that came to help, but you can't really get them near the fire. So if you go to the staff report, page 67, it's a letter dated January 29, and it's from Steve Lewis, the Fire Chief, which is signed by Steve Bunting. And I want to read these paragraphs, it says, •Notwithstanding that the current California Building Code, which took effect in Newport Beach on January 1, 2008, contains new provisions for the group home uses which may allow you to have an operation that complies with current codes. It also contains several newly adopted regulations for group homes with more than six residents." It goes on to say, "Because the California Department of Alcohol and Drug Programs, ADP, requires you to seek fire clearance from me, as Newport Beach's Fire Marshal. I may be unable to do so without having a comprehensive code analysis by a qualified architect in hand as I complete my PRECISE REPORTING SERVICE 800- 647 -9099 36 NCR 00144 1 2 3 4 5 6 7 8 9 10 i 11 ! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 review of each situation. As such, I strongly encourage you to seek this comprehensive code analysis by a qualified architect,prior.to your next licensing renewal.w Then it.goes on to another letter of June 6th, Okay, which statea, "To' date, I have not received the analysis for your facility. Please be advised that I need to review your code.analysis.and make a plan for corrections, if necessary, prior to the issuance of the fire clearance. That is part of your use permit application and part of the ADP application if you're seeking a new or extended ADP license." Then I heard -- and i want some more clarity on this, because I think that we're putting the cart before the horse with this. They get to get a permit, and then we get to understand what the fire codes are? It has to be the other way around. I think that the public needs to feel secure that the building has been maintained or has been upgraded to such a condition that they don't feel that there's a fire hazard for their children or for themselves. And no to say that you're going to give them a permit, and then later on, you're going to go after all PRECISE REPORTING SERVICE 800- 647 -9099 37 1 NCR 00145 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 of this, and -- I don't think this process is handled properly. And part of the reason that we got here is because of the lack of code enforcement within the City of Newport Beach. And I've been involved in these hearings since 2003, and it's now 2008. And that's a long time, .it's a lot of units, and it's a lot of fire code in an area that has a lot of density. And I think that's the.number one issue, and i think the way you do this needs to be redone. Thank you very much for your time. MR. WETHERHOLT: Mr. Allen, my name is Drew Wetherholt, W- e- t- h- e- r- h- o -1 -t. My family and I have been residents here for 15 years on the Newport peninsula. Newport Coast Recovery, as we all know, is literally adjacent to Newport Elementary School. How does this have a negative impact about the school and the community? Under no circumstances should a drug rehab be located this close to an elementary school. The safety of the children of this school, and all of the schools, are of the utmost importance. I have two school -age children who would have gone -- who would not only go past Newport Coast Recovery but would also go past several other rehabs to get to school. PRECISE REPORTING SERVICE 800- 647 -9099 38 NCR 00146 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 Given the typical rehab client profile of Newport Coast Recovery, this is certainly not a good mix. It is not an environment that I wish to subject'my children to. That fact has been a major consideration why our family will not be attending Newport El. I personally know three other families that will be not be attending Newport El. They have chosen to select other schools or private schools. How does this impact Newport El.? Less students, less funding, the District -- less money the District receives. Also, the client of Newport -- a lot of clients out of Newport Coast Recovery have often found the Newport Elementary School playground located on the beach. on the weekends, my kids like to go to this playground and have often found rehab clients playing on the equipment before and after their meetings at the beach. These clients are often full of tattoos, rude, using vulgar language, obscenities, as well as smoking. When parents have asked them to tone down'the language, these clients have been intimidating to parents. And in several cases, the police have been called. I have been cussed at personally by various rehab clientele. PRECISE REPORTING SERVICE 800- 647 -9099 39 NCR 00147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 Many of these clients are on behavior controlling drugs. I've personally been to Lido Drug when the operators are picking up their drugs for their clients. What happens when one of Newport Coast Recovery's clients falls off his medication and then decides to take it out on a passing Newport Elementary student? I don't think it's:a question of if, I think it's a question of when.this happens. The operator claims to have a medical director, Dr. Michael Ludoff (phonetic), M.D., but he certainly is not overseeing all these patients all the time. I find it funny that this doctor is also on the staff of some of those rehab operators. I question whether there's much medical oversight with this operator. Given his responsibility,. why -- irresponsibility, why would you locate the rehab this close to an elementary school, especially if he's been a resident of Newport Beach and underatands how the peninsula operates in the close -- the high densities that we have down there? Is it really in the best interest of the Patients, the school, as well as the community to have this operator this close to an elementary school? They don't even have the responsibility to put their application together in a timely fashion. Do we not PRECISE REPORTING SERVICE 800 - 647 -9099 40 NCR 00148 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 understand deadlines? Time lines? Given that, I would request you deny their use permit. Thank you. MR. BACICH: My name is Nick Bacich, and thank you, Mr. Allen, for taking time -- MR. ALLEN: Spell the last name. MR. BACICH: B- a- c- i -c -h. . And we have a'residence that's 1213 behind the facility in which we have had for awhile, and -- more than the five years that he's been operating there. We have been effected by the facility in several different ways. One is traffic. They may only have one van, but I've been in the garage -- we don't live there. This is a rental. But I have been in the garage and working, and in a 45- minute period, there was 18 vehicles that came up. And several of them were white vans, so they must have been picking up quite frequently. But there was electricians or just different people that would pull up and run in and run out. And sometimes there would be multiple cars blocking the alleyway while people ran in and out. So the car transport is a factor. And the different times that we've had problems with them, we have gone over and spoken to them. And PRECISE REPORTING SERVICE 800- 647 -9099 411 NCR 00149 1 2 3 4 5 6 7 8 9 IO li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 they have been very receptive and said, "Fine. We'll try to work on this." But it's at the point that we.stopped doing it. We finally decided it would be better to try to work with the city to get them to do something about it, because it's not up to us, as neighbors, to supervise their business, and every time there's a.problem, go over and knock on their door,and tell them to, "Please, would you watch.this?" or "Please, watch that ?" They do have trash pick -up, but somehow we always seem.to. get cigarettes and different things in the trash.cans of our tenants. And since -- one time I went over, one.of the.time -we were working at our place, and opened up -- because all the trash cans were full, and one as full the lasagna and probably a couple -- .hundreds of.cigarettes butts. 'And so -- since none of my tenants at that time smoked, I went over, and they apologized.. They didn't mean to be using it. This is all within the five -year period that that gentleman has owned the facility. And everything else, I conclude with. I have no reason to repeat. The main thing is I totally agree that if they run their business in the same way they -- it's showing you in the same way they are doing their application, it's not very business like. PRECISE REPORTING SERVICE 800- 647 -.9099 421 NCR 00150 1 2 3 4 5 6 7 '8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY 12/8/2008 It seems like if you were doing paperwork that meant you were going to be in business or not in business, you'd be pretty diligent. And they certainly haven't been diligent. And police activity, he mentioned. We've seen cars, police cars, out there before. We've stopped going down Balboa Boulevard. One time, there were at least six Police cars. We asked the police, "What is going on ?" And they said, "Do you live in that facility ?" We said, "No." And they said, "Well, we can't talk to you about it." We went back and tried to pull up on -- the police is supposed to do information reports within a couple hours after they go to a site. Nothing was done. So. anyway, I think it's relatively easy to deny this application, because they haven't followed through as they should, and I hope you take that impetus now and do it. MS. DEININGER: My name is Mary Deininger, D- e- i- n- i- n- g -e -r. I've lived here 35 years. I'm one of the parents. I did take my children out of Newport Elementary because of the atmosphere there. But I would also ask that you deny this request and turn my two minutes left of whatever time over to Denys Oberman, because she has a longer presentation. PRECISE REPORTING SERVICE 800- 647 -9099 43 NCR 00151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 MR. ALLEN: You took your children out of Newport Elementary because.of the conduct of the -- MS. DEININGER: Because of the atmosphere Ithere. MR: ALLEN: -- rehab facilities? MS. DEININGER: Yes. M9. OBEY&": .Good afternoon,. Mr. Allen. .Denys Oberman, O- b- e- r- m -a -n. I'm a resident, and I live approximate to Newport Coast Recovery. And I'm a daily beneficiary, and have been for the last five years, of impacts of the 20-plus men wandering around that are, as the operator admitted, difficult to control. I do want to say that I'm a little bit nervous, and i know people aren't used to me being like that. I have been -- there are been efforts, and I've been subject to certain efforts to intimidate. And my family fears for their personal safety associated with this situation. And you said that there is a reason -- you expected to see this place filled with parents and people at the church and teachers if there was -- at this hearing, as evidence, if you will, that there was an issue with this operator. I'm here to tell you that the reason those PRECISE REPORTING SERVICE 800- 647 -9099 44 NCR 00152 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 people are not here is because they have been intimidated, and .there have been threats of intimidation, and there's been confrontational behavior. There is a history of confrontational behavior. And it's unacceptable to me and inequitable to expect us to continue to put up with that. So I feel I'm taking a personal risk by standing here. But I'm going to move on to some other substantive issues associated with this application. I do.agree with others that the Applicant has had over six months to complete the application and has substantially failed to do. So this amount of time is more.than what we would consider to be reasonable.. Relative to the representations'thus far made and submitted, I have some additional comments. One is I noticed on page 1, and this is relative to the application submitted as of December 4th, that the Applicant left blank items questioning compliance with state and local law. We contend that the Applicant has been in violation of state and local law based on the following: One, a neighbor's organization, of which I'm a member called Concerned Citizen of Newport Beach, had professional representations administering a number of Public Records Act requests during the period February PRECISE REPORTING SERVICE 800- 647 -9099 45 1 NCR 00153 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY 12/8/2008 2007 through June 2008 time frame. The reviews demonstrated that Newport Coast Recovery had never applied for or received conditional use permits or FEP's that they were supposed to within the various time frames, even though local ordinances required this operation and legally required the operation to do so. Two, the Applicant operated a second facility across the street from 1216 West Balboa -- I apologize I'm going quickly, but I'm trying to beat the clock -- at 1219 West.Balboa, whose.reeidence confirmed that they received counseling from Newport Coast Recovery staff at the 1216 location. And so we feel that the Applicant has attempted to circumvent the state law,requirements and residential care, which have to have a supervisor an staff by repeatedly claiming that this facility was good boys or, as in the application, a •transitional care" facility. The Applicant does hold an ADP license for 1216 West Balboa but not a license to provide counseling for 1219 West Balboa. And there is some evidence in the file coming from me, and we did submit complaints and request for investigation from the City, myself and.other residents. Is that my three minutes? I get two left. PRECISE REPORTING SERVICE 800- 647 -9099 46 NCR 00154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i i NEWPORT COAST RECOVERY - 12/8/2008 Thank you. Okay. I feel like Dolores here. She does it better than I do. Okay. Three, the Applicant obtained a local business license which represented the business as a "personal service miscellaneous," rather than a residential care and treatment facility. And also on that license, the person named as the responsible operator was the man whose name is Richard Perlin. And I do have a copy of that. I thought it was in the application. I`eouldn't find it, but I do have a copy of that. Dave, do you have your map? Could you flash that just quickly? It wasn't Dr. Pizzo. It wasn't the name, clinical director, that's on the application. Mr. Perlin Chas an unlicensed facility, not ADP licensed, facility at 1129 West Balboa. I don't believe that's on the map, Dave. MR. KIFF: I believe it's one of my strike -outs? MS. OBERMAN: Okay. Okay. Is it gone? MR. KIFF: It needs to be abated by the end of February. MS. OBERMAN: Okay. Very good. The other thing tied to Mr. Perlin is that PRECISE REPORTING SERVICE 800- 647 -9099 47 1 NCR 00155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 Mr. Perlin is -- he does provide intake services to another operator. Why does this matter? Because there's a representation on the Web.site associated with Newport Coast Recovery - -.and I'll submit it herein -- which names Richard Perlin as an executive director of Newport iCoast Recovery. So I'm confused. r'm confused. Okay. Going on. on page 14, the,Applicant doesn't respond to a lot of the questions in the application concerning total occupancy, smoking, operations, et cetera. It.doesn't respond to the disability compliance. And the Applicant's business is actually within 300 feet of Newport Elementary School. Had the Applicant submitted to what he was legally required to submit to, in terms of the local review, chances are it would be very likely that he would not have gotten a conditional use permit in the first place. But having said that, we now have a permit for 29 -plus men, many of whom have been coming out of the court system. 3o they have been involved with alternative eentencirnd and other types of conditional programs, which definitely has added to the risk and inappropriateness or incompatibility to have a facility like this so close to Newport Elementary School, and a facility, I may add, as with other facilities but PRECISE REPORTING SERVICE 800 -647 -9099 48 NCR 00156 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 particularly this one, where people are moving around largely unsupervised. I had -- you know, I've had upwards of 20 -plus people in front of my house, particularly in the summer season, loitering, smoking, being vulgar, and creating this -- the smoking thing, by the way, does not just create a fire hazard far the particular facility. When you have large numbers of people throwing little cigarette butte on your property, meaning my property, it creates a fire hazard for me. And I talked to my insurance company about that, and they suggested -- MR. ALLEN: I think it's time to do a -wrap, all right? MS. OBERMAN: Okay. MR. ALLEN: We're out of time. MS. OBERMAN; I will wrap. I will wrap. MR. ALLEN: Pardon? MS. OBORNY: Almost seven minutes. MR. ALLEN: Seven minutes? It'd wrapped. It's I done. MS. OBERMAN: Okay. I'm a wrap, baby. MR. ALLEN: Thank you. . MS. OBERMAN: Excuse me. I don't mean to be disrespectful. This is late in the afternoon. So I also respectfully request that this application be denied, and PRECISE REPORTING SERVICE 800- 647 -9099 49 NCR 00157 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i9 20 21 22 23 24 25 NEWPORT.COAST RECOVERY - .12/8/2008 that it be denied today. Mr. Allen, may I submit an inaccuracy in the application also today for this reference? There's a letter addressed,to the manager of Sober Living by the Sea and Newport Coast Recovery .:package. MR. RIFF: .Sure. MS. OBERMAN: Thank.,you. MR.,KIFF: I got it from you. Thank.,you, Denys: MR. ALLEN: Mr. Kiff, just while we have that, map upon the board, and -- what is the facility that's just -north of that? .Locks like it faces on Bay Avenue Of this facility. MR. KIFF: Let me go back to this page here. This facility is Newport Coast. This facility is 1217 west Bay. It's not,a facility today. They have submitted an application to ADP for a six and under, and that's why I had it as a smaller icon on this map. MR. ALLEN: Okay. , MR. KIFF: This is the class of homes that is except from local regulations. MR. ALLEN: But the probability is that one will locate there, then. Is that fair to say? MR. KIFF: That.would be fair to say, yes. That's why I put it on.the map. PRECISE REPORTING SERVICE 800- 647 -9099 50 I NCR 00158 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 MR. ALLEN. The one that you referred to earlier that was commented on, that one is subject to abatement but will, presumably, go through the abatement process? MR. KIFF: Maybe I'm being overly optimistic, but some of the operators have told me that they intend to close.their facilities. They have until February 2009 to do that. And where they have approached us for any kind of assistance in closing, we've been happy to do that. My understanding;.is that this facility will close or has already been closed,.but it's not something we go out and knock on their door everyday and say, "Are you still open ?" Because February 28th, sorry, February 22nd is the deadline at. which that would occur. MR. ALLEN: .okay. Thanks. MR. STEEL: Good afternoon. My name is Parker Steel, S- T- E -E -L: I'm a lifetime Orange County resident, and I've in Newport Beach for four years. I lived in the Newport Coast Recovery house for 60 days. I also identify myself today as an alcoholic. .I'd like everybody to know this place changed my life. You talk about criminals being there, I have a Master's degree in business and environmental law from one of the highest ranked colleges in the nation. PRECISE REPORTING SERVICE 800 -647 -9099 511 NCR 00159 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22' 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 There are people there -- it's -- obviously it's a difficult time. Is there smoking going on? Yeah. But I'll tell you what, the other three -plus years that I have lived in Newport Beach, we were doing drugs, and the thrash we created was way worse and much less manageable than any refuge that may be created here'. Want to talk about parking problems? This is seven - person -- there's 'seven -unit apartment complex, you know. Even if it was not a recovery house; there's parking problems. It's Newport Beach. I mean, you've just got to deal with that, I think. I think that in my opinion, that's an non - issue. I'm just here to say, you know, what? I think what this is a case of, based on what I've seen from sitting in this room today, is that these folks absolutely know what they are doing with recovery. That, I can tell you. And I've seen this in a lot of different businesses before where, you know what? They are not good at paperwork. I've seen that. Well, you'll have your moment, ma'am, so please let me have mine. so, you know, I would implore the business owners to get better at their administrative practices. And I can tell you, as someone who went through this program, there are very strict regulations with regard to PRECISE REPORTING SERVICE 800- 647 -9099 52 NCR 00760 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 curfew and noise and smoking and clean up and responsibilities. And those are things that are not imposed on any other residents within Newport Beach. Thank you very much. MS. NUGENT: My name is Joyce Nugent (phonetic), and I live on the peninsula. And I want to say that that gentleman who was just up here who was talking about that he was an lalcoholic and all this, what happens is after they are in i these facilities for their -- their 29 men in these facilities, they are out of the facility, but they Perhaps stay in the neighborhood. They start drinking again. They start taking drugs. And this is their home, the Newport peninsula, and it only causes trouble. If the City really does have an ordinance that i is designed to curb the spread of rehabilitation homes in this peninsula, this is the time to start it now and close this facility. And let's go forward with the plan so we can have a decent life here and not have to hear people screaming at 2 o'clock in the morning, because they are drunk, because they are on drugs, walking up and down the street with no consideration for any of us who are just trying live a normal, peaceful, happy life and enjoy the ocean. PRECISE REPORTING SERVICE 800 -647 -9099 53 NCR 00161 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 Thank you. MR. KIPP: Mr. Allen, before the next speaker comes up„ I wanted-to make a moment to state the City's position that we would reject a certain amount of Ms. Nugent Ia comments. I think it's unfair io make a blanket statement about persons in recovery, that they immediately fall. off the wagon and are unable to, maintain recovery. We certainly have seen good instances where people stay in recovery and stay in sobriety the rest of their lives. These are folks who are disabled.. M3. NUGENT: I'd like to know what the percentage is -- MR. KIPP: -Me. Nugent, your time has come and !gone to.speak. we have -- these folks are a disabled class. They are entitled to fair housing opportunities. This ordinance builds in an opportunity for folks who are disabled to stay in the community with the goal of eliminating an overconcentration of such facilities in certain neighborhooda. Thank you. MR. ALLEN: Anyone else wish to speak? MR. MYMM : I would. Can i submit stuff to the PRECISE REPORTING SERVICE 800 - 647 -9099 54 1 NCR 00162 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 MR. RIFF: Sure. MR. MYERS: Okay. My name is Jeff Myers, M- y- a -r -s. I live adjacent to the facility with my wife and two young children. And we've lived there over ten years. And I just have to say the facility, before five years ago, was horrendous. It was a jail house gym. It was people making comments to my wife. It was just incredible. Now, I!d like to give you a little bit of thanks for cleaning up the situation. But the fact of the matter is, it's still basically a fraternity, and we have problems associated with a fraternity. So -- let's see. I brought a.DYD that I'd like to show that explains some stuff, but maybe I will have to give it to you for later evaluation or whatever. The first thing is fire danger. My house, along with three of my neighbors, are built on zero lot lines. That means we're literally 3 feet from the adjacent facilities. The 1216 West Balboa facility actually had a fire several years ago during the summer. I believe it was on a Saturday or Sunday. I have some information on it. But let me tell you about the heavy black smoke that was coming out of the back bedroom and how close that is PRECISE REPORTING SERVICE 800 -647 -9099 55, NCR 00163 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 to our facilities. And what really bothers me is, in addition to that fire occurring there and our houses being so close, I learned later -- one of my neighbors give me some information, which I'd also submit to the record, which is of city permits. And apparently, they were doing some work in the garage converting the .two -- there's.two two -car garages there, along with another garage, like carport. Both of those two -car garages have never been used as long as I've been down there. In fact, what they were doing is converting one of the garages into -- originally it was a gym. Now, I guess, it's a laundry room or whatever. But they were actually moving a gas pipe to a, washer and dryer without the proper city permits. So that type of information, in addition to, you know, the smoking and everything else, and the proximity of our houses, gives me an extreme amount of uneasiness. Because there is a potential -- not potentiality, but there is probability of fire, and it actually has occurred at that facility. Now, thank God Newport Beach Fire Department is so fantastic and able to put it out so quickly. Thank God it was an Saturday or Sunday when people noticed it PRECISE REPORTING SERVICE 800- 647 -9099 561 NCR 00164 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 quickly and didn't go on and become something worse. The second thing I'd like to discuss on the fire issue is I don't understand why they don't have to resubmit a new fire clearance to the.City every time they get relicensed. So that's very interesting. And for them to have, what is it, two or three correspondences from the Fire Marshal asking for this stuff and them not to respond to that, that's negligent. I mean, that's negligent., So I fear that.. I mentioned earlier about my two young kids, ages 9 and 7. Well, there's constant profanity that occurs from the facility. 1.111 wrap it up real quick and submit on %this. Let me tell you. See this, please, and listen to this, and you'll see exactly .what I'm talking about. Jeff, you've gone good work in.helping out this neighborhood.., It'e much better than it was five years ago. But it's. still a fraternity, and it's still an environment that'e not conducive to family and children. Thank you. And then I'll submit this also, which is what she was talking about regarding the recidivism of the facility. MR. KIPP: Thank you. MR. ALLEN: Anyone else wish to be heard? PRECISE REPORTING SERVICE 600- 647 -9099 NCR 00165 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 -' 17 18 19 20 21 22' 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 DR: ALKIRE- I do. 'My name is Dr. Gloria T. Alkire. I'm a former superintendent and principal, and I'd like to talk to two issues. Both have to do with -- MR. ALLEN- Would you spell your last name, please? DR. ALKIRE; Aikire, A- 1- k- i -r -e. .one is.the.application process. And this is something that we need to deal with within the City in anything that we do;- whether -it's code enforcement, application or running -for City Council. When I ran for City Council just to get my paperwork in, I had to cross every "T" and do every single thing right, or I could not run. And I spent an entire week on the application, or I wouldn't have been able to run. When I got.permits from my home, I had to do the same thing,for all three projects that I did, or I wouldn't be able to proceed with the things that I did. I think as a City, the larger issue here is we either all follow the law, follow the codes and we turn things in on time, and we don't have exceptions. when we give people exceptions, then I wonder, why is it okay for one person to get away with this, or one business, or not. I think all of us in the City needs to be consistent about when we turn things in, and whether or PRECISE REPORTING SERVICE 800 - 647 -9099 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 not we get considered or not based on that, because those are the rules. So let's be consistent.. This application shouldn't be accepted because it's not complete. And it you were filling out anything for the State of California, as a superintendent or a principal, you. :don't get your money until your application is finished and, in on time. No exceptions unless the State makes a problem or they have something that they didn't do properly. So w a. principal and.a former superintendent, I would be denied millions of dollars for my school district if I missed a deadline or had an incomplete .application. So I think this is a basis right here. Secondarily to that and most. importantly is school safety. This is very unique campus that's on the beach. It':a very—difficult to secure. It has no fence, and it's an old building, so it makes it .even harder to secure. There are not enough personnel in any school.to do the kinds of safety issues that we need now but yet we are required to. As I ran for City Council, I had to go to Cox Cable to do an interview. I also went to the Times and did an interview. Both places would not allow me in without a badge, my name, parking stickers, and all kinds of information about me first. PRECISE REPORTING SERVICE 800- 647 -9099 59 NCR 00167 1 2 3 4 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 Schools are not allowed to ask for that kind of information or do those kinds of things as schools sites to keep kids safe. i was appalled at how much safer businesses are allowed to be than school districts and schools are. That's how much things have changed. We have to continue as schools districts to be open, because we serve the public, and we're not allowed to have harriers. Sven when I wanted to talked to somebody at the City, I have a barrier always that's between me until time invited in. Very seldom does that happen in schools. So from this point of view, I say two things. You reject the application, because it'a not complete. You don't have the information you need, because 'that's following procedure. And secondarily to that, this is a no- trainer' when it comes to having a facility this close to a school, because you are asking for trouble, and you're . putting that principal and those parents and all site supervision people and teachers in a difficult situation. And for those reasons, I think that in itself are enough to consider. Thank you. MR. ALLEN: Anyone else? MR. SCHOONOVER, My name is Mark Schoonover. I'm a property owner of 1409 West Ocean Front, and -- PRECISE REPORTING SERVICE 800 - 647 -9099 all NCR 00168 1 2 3 4 5 6 7 8 9 10 11 12 . 13 . 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8(2008 MR. ALLEN: Can you spell the last name; please?. MR. SCHOONOVER: Yes. It's S- c- h- o- o- n- o- v -e -r. I'm not going to have much to say. It's just I noticed on Saturdays and Sundays, there's big group meetings - rigbt in front of my.house. They bring.your vans over, drop off all their residents right in front of .. my house. The van also stops right in front of my property, which blocks my tenants from getting out of the garage, in and out. Also, there's continuous, continuous smoking. I mean, there's clouds and clouds and clouds of cigarettes. There are cigarette smoke in front of my house, and my son has to deal with this shit -- excuse my French.. It's just very frustrating, and there's not much I can do. I called the cops, and they can't do much. IC's definitely not the way it used to be. Back when I was a kid, my grandparents, you.know -- I would come up here all the time when I was a little kid and see my grandparents, and they wouldn't .put up with any of that from what I remember. There's no way. They are very disrespectful. The gentleman that was talking earlier, be's definitely.right. The playground, they all hang out there. They use profanity PRECISE REPORTING SERVICE B00- 647 -9099 61 NCR 00169 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 all day long. My -truck has been stolen in front of my house. It's been graffitied on. It's been broken into three and four times. My stereo's been stolen. It's just non -stop, you know. And I'm a couple blocks away. :I can only imagine what's going on with these people right in front of their house. Mccuse me. So I`have to say I agree, and I think that this application should be denied. -MR L40NGYEAR: My name is Willis Longyear, L- o- n- g= y- a -a -r. The first name is I am amazed, first of all, to hear that you've been calling and calling and calling somebody to plead with them to bring the information in. Every time I've wanted a permit, I had to turn the permit in. If it wasn't in, it.wasn't there, and that was the end of it. Why six months of coddling this thing? Why is there even a question if there's a limitation of a minimum of a thousand feet away from the school? Do you have to wait for something bad to happen to suddenly realize there's a reason for it? This is a no- brainer. They should not be permitted. Thank you. MR. ALLEN: Anyone else? MR. MYERS: Can I make one more quick comment? MR. ALLEN: Sure. Quick. PRECISE REPORTING SERVICE 800- 647 -9099 62 1 NCR 00170 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 MR. MYERS: Sorry. I also wanted to state for THE REPORTER: Your name again, please? MR. MYERS: Jeff Myers, M- y- a -r -a. I've lost tenants in my rental unit because of the proximity and the noise and profanity coming from this place. So live had a financial burden. MR. ALLEN; Anyone else? ..MR. MCKENZIE;: Well, my name is Terry . McKenzie, M- c- K- e- n- z -i -e. And l own and .live is the property at 1149 West Balboa And I.just want to add my voice to the chorus of citizens and neighbors who basically -- I.think a number of us have a problem with recovery homes, and I think they do a lot of good. But the concentration, I think, is very unsettling and upsetting to us. And certainly, it goes without saying, that the issue of the proximity to Newport E1. -- my children went to school there, and, you know, it's a wonderful school. And it's -- basically it's a legacy, and it's an important part of the community. And alternative would be to move Newport E1., and I don't think any of us want to do that. So that's it. I agree with -- and I'm a local builder. And yet, God forbid that I would try to get a permit without PRECISE REPORTING SERVICE 800- 647 -9099 63 NCR 00171 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 having all my ducks in a row, and -- which I think is great, and I think that's the way it should be. Thank you. MR. ALLEN: If.someone's waiting to be the last, come on up. MR. SIGALOS: My name is Tony Sigalos, S- i- g- a- l -o -s. I-:live at 1019 West Balboa Boulevard. I'm amazed that that there's any consideration even for- these:people to get a permit when they haven't filled out their paperwork. Several years ago, when I was a young kid, I was in business. And I was in the City of Newport Beach. And the license department caught me and said, "Do you have a licensed?" And I said, "No, I haven't." They said, swell, you can't operate in Newport without a license.." So the place I was doing business with said, "Don't worry about that. We'll take care of it. You come back tomorrow." I went back the next day. City license man was there and said, "You can follow me back to the police department, or I call the police and have you arrested. In Newport Beach, we don't do business without business licenses." I had friend build a house on Lido Via Lido. He submits plans to the City. They went through all the PRECISE REPORTING SERVICE 800 -647 -9099 64 1 NCR 00172 A I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 proper channels and the fire department. Everything was approved. The house was completed. He came in to get his permit to move into the house, and the fire department came and looked, and looked in one of the closets and said, "Well, we want to put another sprinkler outlet in the closet." And my friend said, "Why? I gave you all the plans and the permits, and got all the permits and everything was approved.^ "Well, we're looking at a closet that's bigger than we realized, so we are not going to give you a permit to move into your house until you get this sprinkler -- add a second sprinkler." so the fire department seemed to be tough in some instances and kind of turn their back on others. That's all i have to say. I think the permit should be denied. MR. ALLEN: All right. Anyone else? (No audible response.) MR. ALLEN.: Hearing none and seeing none, we'll close the public hearing, then, and commence some discussion from staff. There certainly has been a lot of issues raised. Any suggestions where to start here, Hr. Xiff? MR. KIPP; Kr. Allen; a couple of options for PRECISE REPORTING SERVICE 800- 647 -9099 65 1 NCR 00173 1 2 3 4 5 S 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 you. You can certainly have.Mr. Newman come back at this time. There were a number of issues that I think would address more the City and the City regulation. I'd be happy to address those.earlier or later, depending on what you'd like. MR. ALLEN: How about having Mr. Newman come back up and give his rebuttal, if you will, or whatever additional comments he'd like to make, and then :we'll do that. Thank you. MR. NEWMAN: Well, I don't know how I can follow that up. Basically, this hearing Newport Coast Recover at this hearing is definitely, you know -- we messed up on this application. I mean, I delegated it, it didn't work out, and it's my fault. It doesn't mean that we're -- that the facility.isn't managed properly. Our people are under strict time constraints. They have to be in meetings. They have to sign in and .. out when they leave. They are not just running around, sitting, causing havoc. There. is a meeting on Saturday and Sundays that is a Narcotics Anonymous meeting. Maybe one or two of our clients attend that meeting. But that's a meeting that is every rehab in Newport Beach and outside of Newport Beach. And I don't think it's fair that, you know, ?RECISH REPORTING SERVICE 80D- 647 -9099 661 NCR 00174 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 that we're going to take the brunt of every rehab that comes -- when there's a problem on the beach. Our clients don't smoke on the beach. They'd get a ticket. ;It's against the law in Newport Beach to smoke on the beach. And, you know, it's -- I think that to be fair, I don't know that, unless you want to ask me specific things, that I can address -- I'm, obviously, in a position here where.nobody wants the business. I understand that. It's been there a long time, and we were there before Sober Living by the Sea had 180 beds, before Coastal -- before any of these other recovery homes were there, Newport Coast was there. We don't get citizen complaints to the police department. I mean, you can go to the records. There are no citizen complaints in 2008 about our facility. Not one on record from the Newport Beach Police Department. Yet, everyone's here voicing these problems. I would have been glad to meet with anyone. I've met with some of these people. I appreciate my neighbor at least acknowledging that we've tried. I'm talked with him before. We are not perfect, you know. We're trying to make progress. We are not perfect. PRECISE REPORTING.SERVICE 800- 647 -9099 67 1 NCR 00175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 I've talked to some other people before who kind of professed friendship, and they are going to work with us. And then they came up here today and told me how horrible, and they feel threatened. Yet, I sat across from one of these people in an attorney's office, and we agreed that, hey, we're going to disagree on the use, but let's try work to a resolution. And all of a sudden, you know, I don't know what's happened to that relationship. I thought it was friendly, but this is an unfriendly situation right now. And I do understand when people are dealing with their homes. It's very personal, and I do understand. I just want to try to work with all these people to rectify things that we can: And there are certain things that we're never going to be able to appease our neighbors. You know, I hear about when a waste Management is coming to pick our garage up in our alley, that now fire trucks can't get through. But when there's four City garage trucks in a row, a tiny car can't get through. So this isn't a problem just because we decided to take the burden off of the garage collectors in Newport Beach. we've gone private, so we don't have a problem. But, you know, it's very easy to twist PRECISE REPORTING SERVICE 800 -647 -9099 68 NCR 00176 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT.COAST RECOVERY - 12/8/2008 everything we're trying to do positive into a negative, and it's a very difficult situation. And I wish I could tell you that I can address all these things and fix all these people's concerns about our business, and I can't. But I will do my best, and I would meet with every single one of these people individually. I came to this City three years ago, and I talked with the City Council member when some of these things were just coming up. And I said to that Council member, "Please, let me talk to the concerned citizens. Please, let me get involved in this process." They said, "No, that would just infuriate the situation.n You know, I really don't know -- other than what we've done in not having this application complete, which is a pretty obviously thing that is a real.hot point, and we should.have had a done, and I.take responsible for that, but it is what it is now, and we're going to try to fix that. We're going to to get everything in this week. But besides that, there's just too many things that came up. And again, if you would like to go individually, I'd be happy to try to address them individually. MR. ALLEN: Well, no. I don't see any point in PRECISE REPORTING SERVICE 800- 647 -9099 69 NCR 00177 I 1 2 3 4 5 6 7 8 9 10, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY — 12/8/200$ that. Unless there are any specific questions of the Applicant, I don't think that's appropriate. One thing I would say is that it's certainly clear from almost everyone that's spoke that your proximity to the school is a big concern. And it seems like there needs to be some special attention paid to that if there's any hope of making this approval work. MR. NEWMAN- Can I address that a bit? MR.- ALLEN: You certainly can. MR. NEWMAN; You know, I hear over and over about all the criminals and all the criminal element. You know, our -facility does take DUI a fenders. No question about it. We take drug offenders. That's are .not violent. We don't take any violent criminals whatsoever. Our people are really regulated. I mean, the people that come in are required to sign in and out. And if it's less than 30 days, they can't even leave the facility without a staff member. All that vandalism and all .these things that people want to attribute to a facility where people pay a great deal of money to come to for a short period of time, these aren't people that are stealing and causing vandalism. But, you know, I read in one of these letters PRECISE REPORTING SERVICE 800 -647 -9099 70 NCR 00178 1 2 3 4 5 6 7 9 9 10 11 12 13 14 is 16' 17 is 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 that when a.complaint was made, next thing they found out, their car was 'keyed. You know, it's just not what we do. It's just not our MO. We don't let the complaints get to the clients. The complaints about us, we don't address them with our clients and say, "This person said you did this." We know how to address those things. We don't want any confrontation between our clients and our - neighbors. That's not what we're about at all. My one neighbor who has problems with us but he was nice enough to say he's seen some progress, I've talked with him a couple times, and I would be glad to try to work with him more to try to work things out. But we are near the school. We have been. It's been near the school for as long as I've been involved and prior to that. And it was near the school before this proliferation of all these other facilities. And I think if you go to the school and ask them if they have had any run -ins with us, I.tbink you'll find, at least in the history that I have know of in the five years I've been there, we've never had a problem with the school. And I do want to address the one thing Denys Oberman mentioned about 1219 West Balboa. We did operate Sober Living there with six or less people. As .soon as PRECISE REPORTING SERVICE 800- 647 -9099 71 NCR 00179 i 7 r 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 all this came up with the City on the Sober Living, we, as Denys knows -- she speaks as though we still have this facility -- we gave it up well over the year ago. And we have not -- it's owned by a Newport Beach businessman. He lives next door, and he rents it out to a group of people. We haven't been there in a year,.and she knows that. But real easy to throw Innuendo in here and false statements, and we have to try to explain our way out of it. Again, I would be happy to work with anyone in the City outside, concerned citizens, as I've tried to, to try to make this thing work. We're not there trying to cause. problems. It is what it is now. We'll try to rectify anything we can. MR. ALLEN; Okay. Thanka. MS. OBERMAN: May I ask a question, Mr. Newman, please? MR. ALLEN: Why don't you come up and ask the question to me and seen if he hears it, and he can respond. MS. OBERMAN: Okay. I apologize. I apologize, sir. Denys Oberman. On the application, there is a statement that was made that says there is a "transitional facility" that's in the application located at 1219 West Balboa. 72 PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00180 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 Mr. Newman did tell me, and Ism open to admit it and happy to admit it, he did tell me that he was closing down the facility, and that's why I said past tense. However, I note it in the application. MR. ALLEN: You said you wanted to ask him a question -- M9. OBERMAN: Yes. ' MR. ALLEN: -- so state the question. MS. OBERMAN: The question is, is there a facility or is there not at 1219 that he operates? If it is not, why is it in the application? Thank you, sir. MR. ALLEN: Mr. Newman, would you quickly respond to that, please? MR. NEWMAN: Certainly. There is no operation there. And the application asked if you've operated any facilities other than the one-you have in the:past so many years, and -- MR. RIFF: Five. MR. NEWMAN: -- in the past five years. So rather than being dishonest and say no, we absolutely put it down. And Denys knows we closed it down, because I met with Me. Oberman over six months ago and told her it had been closed. MR. ALLEN: Okay. Thanks. All right. Letts return to staff here again. 73 PRECISE REPORTING SERVICE 800 -647 -9099 NCR 00181 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 k 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 Mr. Kiff, do you have some comments to make? MR. RIFF: I do, Mr. Allen, and understanding the lateness of the hour, I don't want to take too many folks' time. I wanted to talk a little bit about why we set the hearing based on an incomplete application. And actually, whenever anyone comes in for a use permit application, what --usually they are coming in because he they want to open something and start some activity. So they are anxious to complete the application. - This is not the case with the use permits for existing uses in residential zones. Had doe anticipated this kind of activity before -- sorry -- this kind of maybe I'll get my application and information in soon or maybe I won't, we would have put a deadline in the ordinance- We didn't put in a deadline in the ordinance except the abatement deadline, and that's February of 2009. So everyone is under a deadline to get their information in and have their hearing. We felt that, at.a staff level, it would be an encouragement to the various applications - -- applicants who have not turned in their information to actually set the hearing, so there is a deadline before the February Headline to at least give them due process. PRECISE REPORTING SERVICE 800- 647 -9099 74 1 NCR 00182 1 2 3 4 5 6 7 e 9- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8(2008 So this has been completely consistent with what we do with other permit applications. Give someone time to get their application in, hold the hearing, and if the application isn't there, they are not getting a use permit. They may get a continuance or a denial. So, hoping that addresses some of the questions in the audience about that, Also, someone raised an issue of, well, are they operating without a license or without a business license, and that would never otherwise be allowed? I think Mr. Sigalos spoke of that. Newport Coast Recovery does have a license. It has a license from state ADP. It also got a clearance from the fire department about probably four years ago to allow them to file for their application. Now, another gentleman, I think it was Mr. Myers, raised the question, well., why does ADP allow -- he didn't ask it quite this way, but let me tell you something that ADP does. The State accepts an old fire clearance, as old as it could be, because the fire clearance form that the State provides does not have an expiration date on it. They don't allow us to change the form to add an expiration date. So, therefore, folks who operate a recovery PRECISE REPORTING SERVICE 800 - 647 -9099 75 1 NCR 00183 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 facility like Mr.'Hewman -- and I'm not targeting him specifically because We commonplace. -- is to file an old fire clearance based on older fire codes with a renewal. I wish the State wouldn't do that. I wish the State would say you need to:check in with your current codes and your current operations and get an update. The State doesn't to that. 'That's.something we may work on legislatively, but thWs the practice as it is today. Finally, unless you had any other questions, Mr. Allen, I wanted to start about tbe:school proximity issue that you addressed. in our ordinance,. we did not put in a hard and fast distancing from schools. And we did that for a specific reason, that to do so would be facially discriminatory against persons in recovery. what we did do is we allowed the Hearing Officer to look at the proximity to a school and to look at the proximity of other uses, and use.that in your decision- making process to decide whether or not that this -- this use is an appropriate one in that area. But this isn't a hard and fast distance in the ordinance. There is a hard and .fast distance in the sober Living by the Sea settlement, because they voluntarily agreed to it. They also voluntarily agreed not to challenge the ordinance on a facial basis. PRECISE REPORTING SERVICE 800- 647 -9099 76 NCR 00184 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1218/2008 So when someone volunteers take that distancing, we're happy to accept it. But we did not put that in the ordinance for a specific reason. And this ordinance is, therefore, held up in court for, what, we're already into December, so a good ten months of very tough legal challenges precisely because we didn't adopt anything that was facially discriminatory. So with that, Mr. Allen, unless you had any other questions, those are at least my initial notes. I'm sorry. I conclude, just in kicking this back to you, that we do recommend a continuance. We do recommend a bard and fast time line by which Mr. Newman should provide this information, because we want to be completely fair and give him every opportunity to provide a complete application in advance of the abatement deadline, so he can have that fair hearing. And when that information is complete, the City staff may make a different recommendation, whether it is to approve or do deny that application. But because we don't have the information in front of us, we think a continuance is best. MR. ALLEN: Were you going to have -- discuss anything about the fire issue and the permitting beyond what you've already mentioned? MR. KIFF: I can a. little bit. I mentioned how PRECISE REPORTING SERVICE 8DO- 647 -9099 ' 771 NCR 00185 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 Mr. Newman has a complete and signed fire clearance that ADP accepts, and -- meaning that the State recognizes that as local clearance -for this facility, the same building. It has not been all altered since that time. Our legal Counsel and our Fire Marshal have talked long and hard about that, and we believe that that, clearance is something that stands on its own. It stands outside the use permit process. There's nothing in the ordinance that says that the mere fact that a 29 -bed operation is coming in -- that's operating right now and comes in and.gets a use permit to remain in operations, that nothing about the use changed that would trigger a new code requirement, a new review by the Fire Marshal. Our application, unfortunately, does have a (section in there for a fire clearance. That it needed for new applicants. we can apply this for someone coming in new. They have to get current with the current fire codes. Someone who is an existing facility that has an existing State clearance acceptable to the state, we cannot step in, when their use didn't change, and require them to do something that we wouldn't require of any other business and any other homeowner. For instance, if you're a homeowner in town PRECISE REPORTING SERVICE 800 - 647 -9099 781 NCR 00186 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 today, the fire codes may change every two years or every 'four years. We don't go to every home in the City and Bay, ^You know what? The fire code's changed. You've got to now install sprinklers, for instance, even though your use didn't change.- So we are trying to be consistent with that interpretation citywide. MR. ALLEN: That seemed particularly relevant in as much as I heard Mr. Myers say he's on a zero lot line, which means he's built onto the zero lot line, which is -- anyway, we'll have to look at that part of it. UNIDENTIFIED SPEAKER:. What about building permits and lack of them? MR. KIPF: Let me address that question. No matter who you are in town today, if you are doing work without a permit and we find out about it, we do a couple things. One, we will notify you, and typically we'll do a stop work order. You do have an opportunity to remedy that. You have an opportunity to come in and get the stop work order lifted by filing for the 'appropriate permit. Some cases, ripping out the work. We don't require that universally, though. That depends on the building official's decision. And oftentimes, you're required to pay a fee that is, what, twice the cost of PRECISE REPORTING SERVICE 8D0- 647 -9D99 79 1 NCR 00187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 the permit,. And again, attempting to apply that ordinance, that practice, across every use, including group homes, to be consistent, to be non - discriminatory, Mr. Newman has that same opportunity, and imagine did when he did work without a permit. He is entitled to come in and get that fixed. If that means, again,:paying a'fine, lifting the stop work order, that's, what he'd indeed have to do. The same thing we'd allow for anybody, any resident, any business in town. UNIDENTIFIED SPEAKER: -- (inaudible). fire inspection? MR. ALLEN: I don't think we need to get into a debate. It sounds like a separate issue that needs to be worked on, but not in this context. MR. RIFF: I will try to answer one more time. Mr. Newman's use did not change; therefore, we cannot require an additional fire inspection up to current codes. MR. ALLEN: Thank you. UNIDENTIFIED SPEAKER: What happened to the fire code speaker last week? MR. KIFF: I can talk about that in another format -- form. PRECISE REPORTING SERVICE 800- 647 -9099 80 NCR 00188 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY- 12/8/2008 UNIDENTIFIED SPEAKER: Would that apply to Balboa Recovery? MR. KIFF: If you don't mind, Mr. Allen, I'm happy to address that, too. There is an assertion that our current Fire Marshal has made that previous fire clearances may, we don't know for sure, but may have been issued in error. The.interpretation is very challenging, as the Fire Marshal stated at the Balboa Horizons hearing; that Fire Marshals up and clown the State have misinterpreted this. So the question for us -- but it's outside of the use permit process, because we legally cannot interject it in the use permit process. The question for us will be, do we go back to any use that was issued an inappropriate fire clearance and attempt to give them an opportunity to remedy. The situation by bringing their building up to code, or to cease the use that is otherwise prohibited without current -- without.the proper codes. . We will make that decision outside of the use permit process. It may or may not apply to Hr. Newman's facility. It may or may not apply to Balboa Horizons. We cannot interject it into the use permit process, I however. MR. ALLEN: So there has been a change in PRECISE REPORTING SERVICE 800 -647 -9099 as NCR 00189 I 1 2 3 4 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008. interpretations since the last hearing? MR. KIFF: That's correct, Mr. Allen. In conference with.legal Counsel, they believe that this should be separate entirely from the use permit process, and the City Attorney and Special Counsel agreed on that. MR.- ALLEN: That flows.with me, too, frOM.a legal standpoint. okay. At.this point, my decision is to follow the staff recommendation and continue this matter. I don't believe that the timing is right to deny this, and I don't think the timing is, right to approve it. clearly we can't approve it. I would like, to the extent possible,.to get further input from staff to the extent they feel they can on both the'overconcentration issue at this location and the proximity to the school, and I will, myself, work on that some more in the interim., . It's a compelling issue. It's the reason that so many people are here, and the reason there'e been so much consternation in this community over these uses, and we-need to look at this one hard. It's my observation at this point. Having said that, I think we need to move forward as quickly to get a continuance date, and I PRECISE REPORTING SERVICE 800- 647 -9099 82 1 NCR 00190 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 believe -Me. Brown indicated.in the staff report that there's a 21 -day lag time from the time that the information is submitted before we can set the hearing. But can you kind of clarify that a little bit, so we get a feel here for how we can do time -wise? MS. BROWN: Yes, Mr. Allen, thank you. Staff would like the information in 21 days in advance of the hearing to allow us adequate time to review the contents of the application and prepare a comprehensive analysis and make recommendations to you, the Hearing Officer. MR. ALLEN: So that being the case, Mr. Newman has indicated that he can get that information in by the end of this weeks is that correct? MR. NEWMAN: Yea, air. MR. ALLEN: So the end of this week is the 12th, and there's going to be some give and take after the 12th. Mr. Kiff, I'll bet you're looking at the calendar up there that's pretty convenient. MR. KIFF: We do have our official Council calendar up there. Sorry the audience can't see it. It's just the next three month, including -- sorry -- including the current one. So conceivably we can set this hearing for that PRECISE REPORTING SERVICE 800 - 647 -9099 83 NCR 00191 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 week that most folks return from the holidays, assuming our planning staff has adequate time. So, I'm looking to Janet and Debbie, and if the week of -- and to the Hearing Officer, because obviously you would want to continue with this case -.- from January 5 through 9, versus January 12 through 16. MR. ALLEN: I have availability during that time, so -- MR: KIFF: Okay. MR. ALLEN: -- that's fine. MR. KIFF: I'm hearing Debbie say because of noticing that it's probably more appropriate to try it the week of 12th through the 16th. There's a council meeting on the 13th, so conceivably we can do it on Monday the 12th. This room would be available at that time. 'MR. ALLEN: I guess the Applicant, are you in town, Mr. Newman? MR. NEWMAN: I will be here. MR. RIFF: so that would be, if your calendar works, Mr. Allen, at 4 o'clock, this same location on January 12th. MR. ALLEN: Would we have -- would we have the two -hour limit? Not that I'm anticipating we would have to go beyond that, but we will want to put a wrap on this PRECISE REPORTING SERVICE 800 - 647 -9099 84 NCR 00192 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 application at that time, and if we need to go a little bit longer, do you think we could? MR. RIFF: It looks like the room is available that night, if that calendar is correct. MR. ALLEN: We'll make that an order, that this use permit for Newport Coast Recovery is continued until January 12th, same location, at 4 p.m. And we'll preserve all the testimony that's been given. It's been strong and compelling and easily understood I think. And so it's a case of having it in our minds and on paper. We have a Court Reporter here i taking it all down, which is a very distinct advantage, because that means it's permanent for us. So those of you that can't make that hearing, !you can rest assured that at least your testimony tonight (will be considered, and it's not that far away that we won't forget it. So with that, is there any other comments or need for a continuation of this hearing? MR. RIFF: Mr. Allen, very briefly. A reminder to the public from the Kramer Center and the Balboa Horizons' Part 2 bearing is this Wednesday at 4 o'clock, in this same location. MR. ALLEN: All right. Thank you. With that, we'll adjourn. PRECISE REPORTING SERVICE 800- 647 -9099 85 NCR 00193 1 2 3 4 5 6 7 8 9 1D 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 (Ending time: 5:50 p.m.) PRECISE REPORTING SERVICE 800 -647 -9099 86 NCR 00194 I 1 2 3 4 5 6 7 8. 9 10 11 12 13 14 15 16 17 18 19 20 23 22 23 24 25 I, the undersigned, a Certified Shorthand Reporter for the State of California, do hereby certify: That prior foregoing proceedings were taken before me at the time and place herein set forth; that any witnesses in the foregoing proceedings, prior to testifying, were placed under oath; that a verbatim record of the proceedings was made by me using machine shorthand which was thereafter transcribed under my direction; further, that the foregoing is an accurate transcription thereof. I further certify that I am neither financially interested in the action nor a relative or employee of any attorney of any of the parties. IN WITNESS WHEREOF, I have this date subscribed my name. Dated: j1F1 9 P 71i1A GL.L- W BaSir A. M.11sap, RPR CSR No. 9266 NCR 00165 Word Index NCR 00196 A abated47 :22 abatement 8:14118 10 :9 51:3 51:3 74:18 77 :15 ability21 :4 able'15 : 5 •x31:17, 18 56:24 58 :15,17 68:15 absentee : • 26:18 absolute 34:25 absolutely -52 :16 °03:20 accept 77:2 acceptable 78 :21 59:3 accepts 75:20 78 :2 accommodate 19 :4 accostmod... 6:21,23 � 7:2 accurate 87:11 accurately 35:1 acknowle... 67:23 Act45:25 action 87 :14 activity 19:23 20:3 43 :5 74:9 74,13 acuts25:23 add48:25 63:12 65:13 NEWPORT COAST RECOVERY - 12/8/2008 75:23 added40.22 addendum 11:7 addition .11:17 22 :1 22 :19 56:2 S6:17 additional 6:7.11:1 -11:12 45:15 66:8 80:19 Addition... 14:9 address 11 :20. 16:14,21 18:8 21:8 27:5 29:20 33:5 66:3 66:4 67:8 69 :3;23 70:8 71:5 71:7,23 79:14 81:4 addressed 50:4:76:12 addresses 75.6' addressing 15:,10 adequate 83:8 84:2 adjacent 13:7,8 38:17 55:3 55:20 adjourn 85:25 administ... 45:24 administ.. . 3:9 52:23 administ... 26:2 admit73:1,2 admitted 44:13 adopt77:6 adopted 36:17 ADP 7.10 20:10 36:21 37 :13,14 46 :19 47:16 50:17 75:13,17 75:19 78:2 advance 77:15 83:8 advantage 85:12 advised10:5 37:8 affidavit 13:1 afternoon 4:4 9:5 35 :16 44:7 49 :24 51.17 agency.7 :9 ages57:11 ago 25:22 .34:15 35:23 55:7 55:22 57:16 64 :10 69 ;7 72 :3 73:22 75:14 agree 24:8 33:18 34.23 42 :22 45:10 62 :7 63:24 agreed 8 -.19 8:21 28:12 68 :6 76 :24 76:24 82:5 agreaeent 8:22 28:12 aid20:4 Albert 17:3 ,Alcohol 7:10 36:21 alcoholic 51:21 53:9 Alkire58:1 58:2,6,6 Allen 1:9 4:4,5,16 4:22 12:18 14:17,21 15:7 16:16 16:23 20:21 21:23 22:3 22:8 23:15 24:4,17 27:5,15 28:5 29:23 33:5 38:12 41.5;6 44:1,5,7 49:12,15 49:17,19 49:22 50:2 50:10;19 50:22 51:1 51:16 54:2 54:23 57.:25 58:4 60:23 61:1 62 :23;25 63:8 64 :4 65:18,20 65:25 66:6 69:25 70:9 72:15,18 73:5,8,12 73:24 74:2 76:11 77:8 77:22 79:7 80:14,21 81:3,25 82:2,7 83:6,12,16 84 :7,10,17 84:21,23 PRECISE REPORTING SERVICE 800 - 647 -9099 Page i 85:5,20,24 alley29:10 68:18 alleyway 41.22 allowl2:9 31:10 34 :10 36:15 59:23 75:15,18 75:23 80:50 83:8 ailowed29 :'6 60;1,4,7 75:10 76:16. allows 7:12 7:20 85:21 altered78:4 alternative 48:21 63:22 Alternat... 35.3 amazed62:11 64:8 amended 6 :11 ambunt35:22 45:42c 54' :'4 56:19 ample 32 :5 analysis 10:23 11.24 14:10,14 14 :19 36:24 37 :3 37:7,9 83:10 and/or 14:1 14 :5 Angeles 3 : 5 Anonymous 66:21 answer12:16 20:39 22:3 23:22 24 ;2 NCR 00197 80:17 anticipated 74:12 anticipa... 84:24 anxious 74:10 anybody 4:15 20:21.29:6 31:11 33:25 80:10. anyway23 :16: 29:19 43:15 79:10 apartment 9:10::52:8 apologize 5:.1 15:5 '28:14,.14 26:24 46:9 72:.21,21 apologised 42:18 appalled 60.!3 15:•25 56:7 appealed 6:19;21 7:4 APPEARANCES 3:1 appears 33:11 &Maas* 68:16 Applicant 5 :15,16,23 6:3 9:12 9 :15 10:2 10 :5,11,12 10:13,15 10:20,24 12:10,12 13:4,20,23 14 :18,22 NEWPORT COAST RECOVERY - 12/8/2008 15:9 23 :21 28:22 45:10,18 45:20 46:8 46 :14,19 47:3 48 :7 48:13 70:2 -84 :17 applicants 9':23 74:22 78:17 Applicant's 5 :17'.,25. 48:11 application 4:20 5 :6 5:'12' 6:1, 5 9 :3,5,6,12 -9:14,17,21 10:2;4,6 10.14,22 10:25 11:5 11:22 12:1 12:3,4,4,5 12:11;16 .'13:22 15:23.21:1 :21:4,22,25 22:4 27:24 28:2,10,20 31:16 32:6 32:12,16 35:2,7 37:12,13 40:25 42:25 43:16 45:9 45:11,17 46:18 47:10,15 48:9 49:25 50:3,17 58:7,10,14 59:3,7,13 60:13 62 :8 66:13 69:15 72:23,25 73.4,11,16 74:6,8,10 74:14 75:3 75:4,15 77 :15,19 78:15 83:9 85:1 applicat... 9:25 10:7 31:11 74:22 75:2 appliad8:12 .46.3 apply 6:13 6:14,15 8:12,16. 78:17 80:2 81:1,21,22 appreciate 67:22 approached 51:8 appropriate 70:2 76:20 79:21 84 :12 approval 9:7 14:15 31:5 70:7 approve 6:5 6:18 12:3 12:3,5,5 21:15 28:6 28:7 77:19 82:12,13 approved 27:21 28:7 28:12 65:2 65:9 approximate 44 :9 architect 15:21 36 :25 37:3 area8:23 35:20 38 :8 76:20 areas 18:21 18:21 36:5 arrested 64:22 asked39:21 43:8 73:16 asking 26 :5 57:7 60:18 assembly 9:20 assertion 81:5 asaint10:19 assistance 51:9 Assistant 3:8,9 Associate 3:8 associated 18:5 26:20 44:18 45.8 48:3 55:12 Association 17010 assuming 84:1 85:15 atmosphere 43:22 44 :3 attempt 81:16 attempted 46:14 attempting 80.2 attend66:22 attended 17:8 attending 39:6,8 attention 70:6 attitude 25:18,19 attorney 15:4 23:4 23 :5 82:5 PRECISE REPORTING SERVICE 800 - 647 -9099 Page 2 87:15 attorney's 68:6 attribute 70:21 audible 65.:19 audience 4:24 5:12 75:7 83:22 augment 11:11 August 10:1 10:10. authority 12:2.34.25 availabi... 84:7 available 5:13,13 11:14,14 12:16 84:15 85 :3 Avenue.3:5 50:12 awhile 41:9 58:6 a.m 18 :12 8 baby49:21 Bacich4l -:4 41:4,7 back 9:1 22:14 24:25 33.15 43:12 50:14 55.25 61:19 64:19,19 64:21 65:15 66:1 66:7 77:11 81:14 background 4 :23 6:7 NCR 00198 25:21 bad 17 :12 25:20 28:25 '29 :12,19 31:25 62 :19 badge59:24 Balboa 4 :7 4:14 8:6,8_ 8 :10,24 9:8 14:23 29:22 33:6 33:9,16,25 43:7 46:9 46:11,20 46:21 -47:17 55:21. 63:11 64:7 71:24 72 :25 81:2 81:9,22 85:21 barrier60:9 barriers 60:8 Baseball 17:10 based45:21 .52:14 59:1 74:6 76:3 basic26:2 basically 22 :6 30:14 36:3 55:12 63:13,20 66:11 baais59:13 76:25 Satley27:14 27:14 Bay50 :12,16 beach 1:10 2:8,9 3:3 3:7,10 4:1 6:9 11 :18 17:5,6,8 NEWPORT COAST RECOVERY - 12/8/2008 19:2320:9 31:22 34:9 35:17 36:13.38:5 39 :16,19 40:18 •45:23 51 :19 52:4 52:10 53:3 56:23 59:16 64:12;22 66:23,24 67i2,3,4,5 67:18 . 68:23 72:5 - Beach's 36:22 beat 46:10 bed 20: 10 bedroom 55:25 beds8:1,8,9 8 :10,16 67:12 began21-8 beginning 2:9 behalf 2:7 behavior 25:20 40:1 45:3,4 12:20 15:15 16:5 20:18 22:20 27:22 47:17,19 55 :22 78:6 82:3.,11 83:1 beneficiary 44 :10 benefit8:5 12:25 best18:10 20 :17 21:8 30 :13 40:21 69:5 77 :21 bet24:21 83:19 bettat21:20 42:4 47 :2 52:23 57 :17 beyond77 :23 84:25 big34:21 61:6 70:5 bigger 6 5: 10 bicA4 :2, 5 bit9:3 31:2 44:14 55:9 70:8 74:5 77:25 83:4 85:2 blaok55 :24 blank 45:18 blanket54:5 block28:22 29:2 blocked7:18 blocking 41:21 blocks 61 :10 .62:5 board 17 :9 50:11 BOBRO 3: 4 bothers56:2 Boulevard 2:8 3:9 4:8,14 9:8 29:22 33:6 43 :7 64:7 boya46:17 brief 4 :23 briefly 32 :22 85:20 bring10:22 61:7 62:13 bringing 81:17 broken 62:2 brought 55:13 Broom 83 :1, 6 brunt67:1 build64:24 builder 63:24 9:10. 13:6 13:7;19,21 16:2 17:18 17:24 20:13'33 :3 34:19 35:19 36:12 37:21 59117 78:4 79:12,24 81:17 builds 54:18 beilt55:18 79:9 Bunting36 :9 burden63:7 68:22 bury-34.16 busl3:15 business 17:1718:2 18 :3,6 26:1,11 32:5 42:7 42:23,25 43:2,3 47 :3,4 48:11 51:24 52:22 58:22 64:11,17 64:23,23 67:9 69:4 75:9 78:24 80:10 businesses 34:14 PRECISE REPORTING SERVICE 800- 647 -9099 Page 3 52:18 60:4 businessman 72:5 buttsl9:21 42:15 49:9 bussar25r5 B- a- 0-1 -c-b 41:7 B- a- t -1 -e-y 27:14 C CA3:5,10 Cable59:22 calendar 63 :20,22 84:20 85:4 California 1:10 2:9 4:18:17 36:11,20 59:5 87:4 ca1113 :10 30:13 64:21 called39:24 45:23 61:17 calling 62-12,12 62 :12 male 6.12 11:19 18:9 19:25 20:6 23:6 campus 59: 3.5 cane42:12 42:14 capacity 4:10 an 19:8,10 33:18 41:22 68 :20 71:2 care 18:18 25:22,23 25:25 26:19 27:8 46:16,18 NCR 00199 47:5 '64 : =16 carport56:9 cars 19:6 21:9 -29:15 31:10,15 311.18,20 41:21 43:6 43 :6,8 cart37:16 case24 :9 29:12 35:13 -52:14 74:ll 83:12 84::5 85:10 cases 39:23 79:22 cashed23:.6 caught64 12 cause 72:13 causes 53 :14 66:19 70:23 cease8.1:18 call 20:22 Center85:21 central 8:6 oertain6:.6 12 :9 44:17 54:4,21 68:15 certainly 21:14 '39:2 40:10 43:3 54:9 53:17 65:22 66:1 70:3,9 73:14 certified 2:11 26:22 87 :3 certiEy87 :4 87:13 cetera48 :10 challenge 76:25 NEWPORT COAST RECOVERY - 12/8/2008 challenges 77--6 challenging 81:8 chambers 11:15 chances 48 :15 change18:25 75:23 78:22 79:1 79:580:18 81:25 51:22 60:5 78:13 79:3 channels 65 :1 chapter6:11 charads 35.:14 charge.30:15 charities 17 :11 check23, : 6 76--.:6 checklist 9:-23 Chief.36 :9 children 37:23 38:21,23 39:4 43:21 44:1 5514 57:19 63:18 ehoice28:5 28:6 chorus63:12 chosen 39:8 Christmas 35:16 chronolo... 11119 chronology 11:19 church44:22 cigarette 19:21 49:9 61:14 cigarettes 35:22 42:11,16 61.14 circumst... 38:19 circumvent 46 :15 citisan20:9 45:23 -- 67:15,17 citizens 63:13 69 :10 72:11 city2:8 3:3 3:7,8 4:6 4:9,20 5:10 6 :3 6:19,20 7:4,18 8:21 9:13 9:19 10:1 10 :13,17 10:21 11:9 11:18 15:4 15 :25 16 :7 17 :12,15 19:14 20:9 21:12 26:8 26:13 27 :11,15 27:18 28:1 30:22 32:13,14 34:8,10 35:8 38:4 42:,5 46:23 53:15 56 :6 56:16 57:4 58:8,10,11 58:18,24 59:21 60:9 64:12,20 64:25 66:3 66:3 68:20 69:7,8 72:1,11 77:17 79:2 82:5 citywide 79:6 City'954 :3 cl.;,e;,.9 46:17 claims 40:9 clarify, 5:24 83:4 clarity 37 :15 class SO: 20 . 54:16 cleanl9 :19 19:22 53:1 cleaned 17:24 cleaning 21:10 55:10 clear 25 :18 26 :18 32:25 33:.15. 70:4 clearance. 14:12 36:22 37:11 57:4 75:13,20 75:.21 76:3 78:1,3,7 78:16,21 81:15 clearances 81:6 clearly 8:2 82 :12 client39.1 39:13 clientele 39 :25 clients . 18:12,20 18 :22 19:2 19:6,9,10 PRECISE REPORTING SERVICE 800- 647 -9099 Page 4 31:18 39:13;17 39:19,22 40:1,4,5 66:22 67:3 71:4,6,8 clinical 47:15 clock46:10 close M S 30:24 38 :20' 40:17,19 40:23' 48:24 51:7 51:12 53:18 55:25 56:3 60:17 .65 :21 closed51:12 73:21,23 closes5 :21 closet 65:6 65:10 closet* 65:5 closing.20:8 S1: :9, 73:2 clouds61:13 61s13,,13 Coastl:8 5:9,11 6 :15 8:24 9:7 16:16 16 :16 17:2 17:2,14,17 19:1 38:1.6 38:24 39:2 39:14 40:4 44:10 46 :2 46:12 48:4 48:6 50:5 50:15 51:20 66:11 67:14 75:12 85:6 Coastal NCR 00200 NEWPORT COAST RECOVERY - 12/8/2008 Page 5 - -67 :13 78:17 67:15,17 69:10 - consider... coddling commence 71:4,5 72:11 39:5 53:23 62:16 4:15,19 complete concerning 64:8 code6:9,11 14:19 10:23 48:9 considered 14 :10,14 15:10 12:11 concerns 13:5 59 :1 15:11 65:21 14 :14,15 18:9 69:4 85 :16 '31:23 casmwat30:1 24:7 27:23 conclude consistent 35:19 30:7 62:24 35.13 42:21 58:25 59:2 `36:12,24 - commented 36:25 77:10 75:1 79:6 37:2;9 51:2 45:11 59:4 concludes 80:4 38 :4;8 commenting 60:13 12:15 constant 58:9 78:13 30 :7 69 :15 condition 57:11 80:23 comments 74:16 14:15 conitern... '81:17 15 i16,19,20 77:15,17 '37:22 26:4 82;:21 oodos14 :13 5:24 32:21 78:1 conditional constrained 36 ;16 45:15 54:5 completed 46:3'48:16 5:17 37418 55:8 66:8 15:19 16: -6 48:21 constraints 58:19 76:3 74:1'8S:18 24:15,16 conditio...;-' 5:25 66:16 76:7.78:19 c®ait24:20 - -27:24 28 :2 - 12:3,5 contact 79.1 80:20 commitment 65:2 conditions 10:12 -- 81:19- 24:6.32:10 completely - 6:533:16 .contains . code's79:3 commonplace 10 :7 18 :25 33:16 35:7' 36:13,16 collectors - 76:2 75:1 77:14 conducive contend 68 :22 communities complete... 57:19 45 ;20 colleges 23:14 24:19 conduct -10;7 content9.:18 51:25 community complex 52:8 44:2 contents 'come -l'5' :9,21 17:13 compliance oonducted 9:16.83 :9 16:8 18:5 26:14 27:8 45:18 10:11 Context 19 :14 32:10,18 48r11 conference 34:25 24:25 29:9 38:19 complies - 82:3 8o :16' 29:17 40 :22 1 36:15 confirmed continuance 31 :11 54:19 comply15:12 46:11 24:8'27:12 S4':14 63:21 comprobe... conflict 32-x15 75:5 61 :20 64:5 82 :21 11:23 13:2 21:19 77:11,21 64:19 66:1 company 7 :23 14:10,14 confront... 82:25 66:6 70:17 25:22 24:13,14 71:8 continua... 70:22 49:11 36:24 37:2 confront... 85:19 72418 compared 83:10 45:3,4 continue 6:6 79:20 80:7 33:11 conceivably confused 28:5 45 :6 comes16:20 comparison 83.25 48 :6,6 60:6 82:10 19 ;12 54:3 33:8,10 84:14 congestion 84:5 60:17 67 :2 compelling concentr... 19:1 continued 74:7 78;11 82:19 85:9 63:15 consider 12:9,13 coming46 :22 complaint concept 6: 23 7:20 33:9 85 ;6 48:19 71:1 concern2l:l 45:13 continuous 55 :25 63:6 complaints 35:18 70 :5 60:22 61:12,12 68 :18 69:9 19:25 concerned consider... control 74:8 78:10 46:22 20 :9 45:23 35;22 18:10 PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00201 44:13 controlling 40.:2 convenient 83:20 converting 56 :8,12 copa61:17 copy 47 :9,11 corract22:5 82:2 83:14 85 :4 corrections 37 :10 aorrespo... 57:7 cost79:2$ Council 6: 20 7:4. 11:15 34 :1.0 10" 11 59:21 69:8 69 :9.83:21 64-,13 Council's Counsel 15 :4 23:8..78:5 82:3,5 counseling 46:12,:20 c0nnt.20:10 country 25:24 county36:5 51:28 cowl* 8 :11 14.22 35:23 42:15 43:14 62:4 65:25 71:12 79.x17 Conrt7:17 7:18 24:13 48:20 77:4 85:11 NEWPORT COAST RECOVERY - 12/8/2008 courtyard 31:24 nover21:25 Cox -59:21 Craig 27 :14 create22:23 _.24:1 49:7 created24:2 52:5,6 creates 49:10 49:5 criminal 70:11 . criminals 29:3;4 51:23. 70:11,14 cross 58:12 CSR87:22 GgP14:16 curb $3 :16 curfew 53 :1 current 17 :18 36:11,16 76:6,7 78:18,18 80:19 81:S 81:1@ 83 :24 currently 9:10 19:9 aussed39:24 D daily 44 :10 daugar55:17 date 6:6 12:9,14 13:23 14:8 37:7 75:22 75:24 82:25 87:16. dated36:8 87:19 Dave 3.8 15:23 22:17 47:12,18 David 9:9 day30 :17 62:.1 64:19 days 12 :13 18:25 19:7 51:21 70:18 83 :7 deadline 51:15 59:12 74:15,17 74:18,19 74:24,25 77:16 deadlines 23:18 41:1 deal 14:6 34:21 52.11 58:8 61:15 70:22 dealing 68:11 dealt 34:17 debate 80:15 Debbie 3:8 5:4 9:2 15:5 84:3 84:11 dabris19:16 December 1:11 2:10 4:1 10:18 45:17 77:5 decent53:20 deoide76:19 deoided42:4 68:21 decides 40:6 decision 6:19 34:8 79:24 81:20 82:9 decisions 6:20 decision... 76:19 deemed 12.11 deep.17 :13 definitely 23:23 48:22 61 :18,.24 66.12 'degree51:24 Deiniuger. 43:.19,19 44.:3;6 delegated 66:13 deliver 29 :9 delivered -11:15 demonstr... 46:2 danis.175:5 denied49 :25' S0 :1 59 :11 62:8 65 :17 densities 40:19 density 31:13 36:2 36:8 deny 6:5,18 41.2 43:15 43:23 77:19 82:11 Deny4-20:16 43:25 44:7 50:9 71 :23 72:2,22 73:21 department 5:5 7:10 11:18 19:24 36:20 56:23 64:12,21 65:1,4,14 PRECISE REPORTING SERVICE 800- 647 -9099 Page 6 67:16,19 75:14 departments 34:6 departure 13:14 dependent 30:15 15.1:66' :4 depeads 26:11 79 :23 designated 4 :6..,14 18:21 designed 53.16 destinat... 13:15 detail 21.4 21:17,19 datermin... 6:17 deternin... 6 :4 determined 11:5 determines 5:21 development 28:.11 diabetic 20 :5 diagram 13:19,22 different 8:18 15:18 17:20 31:2 41:12,19 41:24 42:11 52 :17 77. :18 difficult 16 :3,4 23:7,7 26 :12 NCR 00202 44:13 52:2 59 :16 60:20 69:2 dignity 23:13 diligence 35:1 15:11 32:24 43:3 43:4 direct 12 :1 12:12 33 :13 direction 15:1.87:11 directional 13, :18 directly 14:21 director 34:25 40:9 47:15 48:5 disability 48 :11 disabled 6:25 54:11 54:16,19 disagree 68:7 disapprove 12:4 discximi... 76:15 77:7 discuss 9 :2 57:2 77:22 discussed 10:14 22:16 28:24 discussion 5:11 65:22 discussions 14:17,23 dishonest 73:20 diamias35 :2 disposal NEWPORT COAST RECOVERY - 12/812008 14:3 dispose 14:4 disposes 14:1 disrepair 17:22 dierespe... 27:12 32:13 49 :24 61:23 distance 76:21,22 distancing 76:13 77:2 diatinat 85 :12 district 39:11,12 59:12 districts 6:10 60:4 60:6 disturbed 25:19 Division 19:24 don 26:3.9 doctor 26:21 40:12 documented 32:2 doing21:8 32:17 42:3 42:24 43:1 52:4,16 56:7,12 64 :17 79:16 dollara 17:23 20 :13 59:11 Dolores 35:17 47:1 door7:14 42:8 51:13 72:5 iDxl7:3,4 40:10 47:14 58:1 58:1,6 drying 35:4 Drer38:12 drinking 53:12 drive30:17 driven 36:1 drop 61:8 drug7:11 36:21 38:19 40:2 70 :13 drugs40 :2,3 52:4 53:13 53:22 drank 53:22 dryer 56:15 duckab4:1 dne35:1 74:25 DDI 70:12 dumpster 19:13 DVD55:13 D- e- i -n -... 43:20 R earlier 51:2 57:10 61:24 66:4 eosisr9:24 easily 85:9 easy 18:24 22:25 43:15 68:25 72:7 effect36.12 affected 41:11 effective 8:19 effort15:11 19:22 32:17 efforts 33:10 44:16,17 either 6:19 12:2 28:17 58:19 8139:6,8,10 63:18,22 electric... 41:19 alement21:7 70.11 elementary 29:6 31:7 38 :17,20 39 -:15 40:6 40:17,23 43:22 44 :2 48:12,24 eliminating 54:20 emergency 29':12 amployed4 :9 employee 87:14 employees 19:18 employee's 19:4 encourage 18:12 37:2 encourag... 74:22 enamies18.7 enforce3l.1 enforcement 38:4 58:9 enforcing 7:18 engines 36:3 36:4 enjoy 53:24 entered8:21' eatertaia 32 :19 antiro 58:14 entirely PRECISE REPORTING SERVICE 800- 647 -9099 Page 7 21 :3 82:4 entitled 6:24,25 54 :17 80:7 enumerate 12:24 anvironnent 39:3 57:19 environm... 51.24 equipment 39:18 '.errcr8l:7 especially 29:16 40:17 - 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12/8/2008 39:14,17 71:1 founding 17:9 four 13:11 31:6,13,14 51:19 62:3 68 :19 75:14 '79:2 frame 46 :1 fram:ea 46 c5 frankly 34:43 fraternity 30:14 55:12,13 57 :18 Rrench61::16 frequently 41.18 Friday24:16 24:20 friend64:24 65:7 friendly 18:4 68.10 friend 29:17 friendship 68:2 frontl9:17 19:16,21 22:5 30:19 49:4 60:25 61:7,89 61 :14 62:1 62:6 77:20 frustrating 61:16 fu1132:6 35 :8 39:19 42:14,15 funding 39:11 funny40:12 further 82:16 87:11,13 G garage 19:21 41:13,15 56:8,9 61:11 68:18,20 68:22 garages 56:9 56 :10,13 gas 56: 15 gathering 30:19 generally 19:4,7,21 23.3 gentleman 23:25 25:18 26.18 30:11 42 :20 53:7 61:23 75:16 GERSUC8 3.- 4 gesture 34 :22 getting 9:24 27:1 61:10 75.4 give 6 : 7 16:20 21:4 21:11 23:14 24.10 25:11 27:12 37:24 55:9 55:15 56:4 58 :21 65 :11 66:7 74:25 75:2 77:14 81:16 83:17 given 19:2 20:16 26:13,13 35:9 39:1 40:15 41:2 85:9 gives56:19 glad67:21 71:12 Gloria58:1 go7 :2 16:10 19:18 20:22 23:18 24:21 33:15 34 :9 36:7 37:25 38:24,24 39:16.42:7 43:14 50:14 51:3 51:13 53:19 57:1 59 :21 67:16 69 :22 71 :1B 79:2 81:14 84:25.85:1 goal S4':19 6od31:24 56:23,25 633 25 966815:2 24:18 25:5 36:19'37:5 63i17 going4:4,23 7:21 8:7 8:20 16:13 16:14 20:22 21:17 23:23 24:5 25:1 26:8 29:17 3'D :10 31:10 32:8 32:10 34 :7 37:24,25 43:2,6,8 45:7 46:10 PRECISE REPORTING SERVICE 800- 647 -9099 Page 9 48:7 52 :2 61:5 62:5 65:11 67:1 68:2,7,15 69:19,19 77.22 83:17 good4:4 10:22 18.1 19:20,20 21:17 30 :1 3D:23 35: 1S, 15 39:2 44:7 46.:17 47 :24 51 :17 52:19 54:9 57:16 63:15 77:5 gottea15:20 48:16 graduated 17m6y8 graffitied 62:2 Grand 3 : 5 grandpar... 61:19,21 great64 :2 70:22 'group 4: 11 6:13 9 :17 9:22 20:17 32:5 36:14 36:17 61:6 72:6 80:3 guess 30:11 56:14 84:17 guys 30:12 gym55:7 56:13 _ 8 _ hand36:25 handle23:4 handled38:1 NCR 00205 hands 23:2 1 hang61:25 happsn20:14 60:11 62:19 happened 68:980:22 happans40:4 40:8 53:9 happy20:19 23:25 35:16 51:9 53124 66:4 69:23 72:10 73:2 77:2 81:4 Barb*417:7 17:10 hard76:13 76 :21,22 77:12 786 82:22 hardened 29x:3 harder59 :17 hash8':11 havoc66:19 hasard37:23 49:7,10 headphones 18 :13 health25:22 25:25 35 :18 hear18:17 18•18 23:19 24,24 31:12 34:4 34:6 53:20 62:11 68 :17 70:10 beard31:9 37;15 57:25 79:8 hearing l:7 1 :9 2:7 NEWPORT COAST RECOVERY - 12/8/2008 4:6,7,10 4:12,19,25 4:25 5:8,9 5:18;20,22 6 :2,4,6;8 6:17,18 7:2,3,24 8:4 9:1 11:16,25 12:2,7,9 12:14 14:23 15:1 15 :2,6 24 :5 25:1 , 27:16,23 27:25.28:3 35 :944:23 65:20,21 66:11,12 74 :6,20,24 75:3 76:16 77:16 81:9 82:1 83:3 83:8,11,25 84 :4,11 85.:14;19 85.:22 38 :6 hears 72 :19 heavy 55:24 held 77:4 help 9:20 22:3 24:3 36:5 helpful 23:16 helping 57 :26 henceforth 28:1 hoy68:6 he'11 27:11 8i 35 :15 high 17:7 40:19 highest 51:25 hire 23:4 hired15:17 history 11:.19 45:4 71-20 hold 24:23 46:19 75:3 35:1684:1 hcme7 :7,9 .9:22.17.19 35:25 36:14 S3:13 58:15 79:2 homeowner 78:24,25 27:8 homes4.11 4:12 7:12 7:21 8:5 8:12 9:17 36:17 50:20 53:16 .63:14 67:13 68:12 80 :3 hcpe20:11 43:17 70:7 hopefully 15:9 hoping23 :8 75:6 Horizons 8:8 14 :23 33,9 33:16,25 81:9,22 85:22 horrendous - 55i7 horrible 17 :22 68:4 horse37:17 hospitals 25:23,24 bot 69 :16 hoar 74: 3 hours 22:10 26 :21 43:14 house 7i12 30:1,4 49:4 51:20 52:9 55:7 55:17 61:1 61:9,15 62:2,6 64:24 65 :2 65:4,12 houses30:.10 56:3,19 housing 7:1 54:17 17:23 hundreds 42:15 husband 35:23 .I .- icon50:18 idea.28:.25 identify 51 :21 imagine . 27:19 62.•5 80:5 immediate 8:23 immediately 20:10 54:7 impact30:8 38:18 39:10 impacts 44:11 impetus 43:17 implore 52 :22 importance 38:22 important 21:6 24:5 PRECISE REPORTING SERVICE 800 -647 -9099 Page 10 35:6 63:21 Importantly 59:14. imposed53 :3 improvem... 17:23 inaccuracy 50:2 inapprop... 81 :15 inapprop... 48:23 inaudible 80:12. incidents 20:2 inc udo 14,• 2 included 11:3,10 13:17 including 4.-25-38:25 80:3.83:24 83 ^24 inaompat... 48:23 9:14.10:;3 59. •12. 74:6 .Iaccmplo:._ 10 :17 11:2 incredible 55.9 independent 4:12 indicate 12:18 indicated 63:1,13 individual 26:6 30:15 individs... 69:6,23,24 individuals 30 :16 inequitable 45:5 NCR 00206 information 5:3,5 16:6 16:8 43:13 .55:23 56:5 56 :17 59:25 60:2 -60.14 62:13 .•74:14,20 74:23 7;7:13,17 77 :20.83:3 83:7, 13 infuriate 69.:12 initial 77 :9 icnuendo 7.2. :8.: input82:15 inside 18:22 35.20 inspection 80.:.13.,19 install 79:4 instance 8:7 22:12 7&:25 79:4 instances 54:.9` 65:14 insurance 49:11 intake 48:1 integrally 7:13 intend 16 : 9 51:6 intenas36:2 intentions 17:13 interest 4:11 40:21 interested 87:14 interesting 33:7 57 :5 interfere 20:23 interim NEWPORT COAST RECOVERY - 12/8/2008 62:18 interject 81:13,23 interpre... 79:6 81:6 intorpre... 82:1 interview 59:22,23 44,:17 intimidated 45:2 intimida... 39:22 intlaidtt... 45:2 invested 17:23. investig... 46:23 invited 60 :10 involved 15:3 17:11 20:2 34:5 ..38:5 48 :20 69:11 71:16 involvement 4:11 17:20 involves 4:13 involving 4:7 6:24 irraspou... 40:16 issuance 37 :11 isaue34:12 38:9 44:24 57:3 58:18 63:18 75:8 76.12 77:23 80:15 82:16,19 issued 9 :13 81:7,15 issues 15:10 18:14 22:8 35:19 45:8 58:3 59:19 65:23 66:2 item 7.17 12:20 13:11,25 items 12:18 12:23,25 14:8 45:18 J J58:1 JACO26:22 jai355:7 Janet84:3 January 36:8 36:13 84:5 84:6,22 85:7 Jeff 55.2 57 :16 63:4 jeopardize 30:25 jobl9:9 Jobn28:21 jokiug31:24 .Joyce 53:5 33:13 June 9 :15 10 :16 37:5 46:1 K K3:4 keep18:16 19:22 60:3 keyed71:2 kicking 77.10 kid61:19,20 64:11 kids17:7 30:25 31:20 39:16 57:10 60:3 Kiff 3: 8 4:17,20,22 9:4 14:21 15:24 16:22 22:3 22:10 23:1 25:2 47:19 47:22 50:6 50:8,10,14 50:20,24 51.5 54:2 54:14 55:1 57:24 65 :24,25 73:18 74:1 74:2 77:25 79:14 80.17,24 81:3 82:2 83:19,21 84:9,11;20 85 :3,20 kiuds:le -24 :6 51:9 60:1 65114 68:2 74.13 74:13 63:4 kinds 22: 15 59:19,24 60:2 knew21:16 knock42:8 51:13 know15:5 16:11,12 18:7,17 20:25 21 :9 21:18 23:5 23:24,25 24 :17 26:23 27 :17 29:2 30:7 31:1 31:10 32:1 32:16 34:4 34:13 36:1 38:16 39:7 IBCISB REPORTING SERVICE 800- 647 -9099 Page 11 44:1549:3 51:22 52:9 52.13,16 52:18,22 .54:12 56:18 61:19 62:4 63:19 66:10,.12 66:25 67:6 67 :7,24 68:8,8,17 68:25 69 :14,14 70:10,12 70:25 71:2 71:7,20 79:381:7 knowledge 21:12 knows 72:2,7 73:21 Kramer85:21 lack38:4 79:13 lacking 12:22 lag 83:2 language 39:20,22 large 49;a largely49:2 larger58:18 largest 25:23. tarry32:20 lasagna 42:15 late49:24 lateness 74:3 laundry 56:14 Laura 2: 11 87.21 law 6:24 45:19,21 NCR 00207 46:15 51:24 58 :19 67 :4 lawyers 21:2 . lo&raad56:4 leave's :19 8:21 66:18 70:18 left43 :24 45: -18 '46:25 legatg 61.20 legal 15:3 24:9 77:6 78:5 82:3 82.8 'legally 46 : 6 48 :14 81:12 legislat... 76 -:9 letter 9:14 10:2,10 14:6 36:8 3`7:5- 50.:4 `letters 11: 9 11:12,14 74:25 letting 20s20 let's23:l7 24-24 25:10 '53:19 55:13 59:2 68:7.73:25 leve121 :12 25:25 74:21 levels 33:8 Zowis36:8 license 37:14 46:19,20 47:4,7 64:12,16 64:20 75:9j 75:10,12 NEWPORT COAST RECOVERY - 121812008 75:13 licensed7:a 7420 17 :14 17:15 20:10 47:16 64:13 licanses7:9 64:23 licensing 37- :4 Lido 40:2 64.24;24 lifelB:6,25 51:22 53:20,24 lifetime . 51 :18 lifted 79:21 lifting 80: 8 light25.4 lightsS:7 18:11 1 4 -4.t;84.t 24 limitation 25:2 62:17 limited5:20 line 77:12 79 :9,9 linss13:7 41:1 55.19 linked7:20 LIM 3:8 9:4 12:23 Liskin23:10 23:14' 25:13,13 27:6 listen57 :14 listing 11:18 literally 7:16 17 :22. 38:17 55:19 littering 32:1 little 9:3 9:24 25 :5 31:2 44:14 49:9 55 :9 61:20 74:5 77:25 83:4 85:1 live 27 : 9 28:22 29:21 33:3 35:17 41:14 43:9 44:9 53:6 53:24 55 :3 63:10 64:7 lived 17 :4;'5 18:6 43 :20 51:20 52:4 55 :4 lives 27:9 31:12 54:11 72:5 living 7 :24 . 29:8 31:21 50:4 67:22 71:25 72:1 76:23 load20:13 local 17:11 26:1 45:19 45:21 46 :5 47:3 48:14 50:21 63:24 78:3. locate40:.16 50 :23 Looated8:6 38:20 39:15 72:25 Location 17:18 28:15 29:8 29:19 46:13 . 82:16 84:21 85:7 85:23 Loitering 49 :5 long38:7 56 :11 62 :1 67:11 71:15 78:6 longer 32:19 43:25 85 :2 Long"ar 62:9,9 look18.4 19:20,20 33:15 76.17,17 79 :10 82:22 looked2l .- 2 65:4;5 looking 20:12'21 :1 22:1 23:12 65:10 83-19 84%2 looks 15:12 34:15 50412' 8563 Lopez 29.21 29 :21,24 Los 3 :5' losing 34i2 lost 25::17 25:17 63;5 lot 18:13,24 21:18 23:2 38 :7,7,8 39:13 48 :8 52:17 55:18 63:15 65:22 79:8 79 :9 load 18 :16 LP1:8 5:9 Ludoff 40 UO Lynn 5:4 L- i- s -k -i -n 25:14 62:10 PRECISE REPORTING SERVICE 800- 647 -9099 Page 12 L-o p -e -z 29 :24 M machine 87:9 main42:22 maintain 54 :7 maintained 37 :21 major7:23 39:5 making20:12 55 :8.70:7 — 29:15 47 :8 64:20 manage 30: 13 manageable 52-,5 managed 66. :15 management 19': :12 21:6 93 mB, X20 ' 68t -1T manager 3i8 ' 50:::4., aging 30:16 manipulate 17:16 mop 8 :4 13:17,18 47 :12,17 50:11,18 50:25 maps 9 :1 mark 8 :11 60:24 Marshal 14:9 14;12,13 15:4 36:23 57%7 78:S 78:14 81 :6 81:9 elarshals 81:10 NCR 00208 Mary43:19 Master's 51 :23 4:24 materials 9:21 10.3 10:16,21 11 :1,4 =12:10,13 -14:3,7 Hathena :32;20,20 33 :6 Hatt25:13 `matter 4:13 48:2 55:11 79:15 82:10 ma'am 52:20 McKenzie 63:9,9 mean 12:19 -21:14 25:6 34:11 35:15 42 :19 49:23 52:10 57:9 61 :13 66:13,14 67:16 70 :16 meaning 4 9: 9 78:2 meaningless 34:22 means 55.19 79:9 80:8 65:13 meant43:2 medica114:1 14:4 20:4 40:9,14 medication 40:5 medicine 17:4 NEWPORT COAST RECOVERY - 12/8/2008 meet67:21 69:5 meeting 66:20,21 66:22,22 84:14 meetings' 39:18 61:7 66:17 member17:9 45:23 69:8 69:10 70:19 mombers19:3 men17:19 18:15 35.21 44:12 48:19 53:10 mentionll:8 mentioned 21:9 22:12 25:2 43:5 57 :10 71:24 77:24,25 mere 78:10 Merxy35:16 messl7 :24 massed66:13 met 20:16 67:21 73:22 Michael 40.10 Nike 16:15 16:25 Niller28:21 28:21 millions 20:13 59:11 NJ llsap 2:11 87:21 mind81:3 minds 85:11 mine 52:21 minimum 62 :18 minutes 5 :20 25:3,5 43:24 46:25 49:18,19 iniscella... 47 :5 mininter... 81:10 missed59:12 mix 39:2 MD71:3 modifies,... 14:25 meant 34:20 52:20 54:3 Monday 1.11 2:10 4:1 84:15 money39:11 59:6 70:22 montb83:23 months 15.13 45:11 62:16 73:22 77:5 morning 19:18 30:20 31.15 53:21 mother23:11 motions 4 :16 mova45e8 63:22 65:3 65:12 82:24 moves 22:6 moving 49.1 56:15 multiple 41:21 Municipal 6:9 music 18 :11 Hyera54:24 55:2,2 62:24 63:1 63:4,4 75:17 79 :8 32:21 63:10 M- i- 1 -1 -e -r 28:22 55:3 63:4 N.D 40:10 name 4: 5 16.15,20 16:22,23 16:25 17:1 17:20 25:11,13 27:14 28:21 29 :21,23 35:16 38:12 41:4 41.6 43 :19 47:8,14 51:11 53:5 55:2''58:1 58:4 .59 :24 60:24 61:1 62:9,10 63:3,9 64:6 87:17 named 47:7 namss48:5 Harconon 8.17 Narcotics 66:21 narrow29 :11 natioa51:25 near 36 :6 71:14,15 71:16 necessary 10:6,20 37:10 PRECISE REPORTING 'SERVICE 800- 647 -9099 Page 13 need 5 :6 12:6 14:5 14 :19. 23:19 27:5 37:9 58x8 59:19 60:14 76:6 80:14 82:22,24 85:1,19 ne460412:11 13.22 78:16 needs 13:2,6 16:20 '24:11,13 37:20 38:10 47:22 58:24 70:6 80:15 ,30 :8 38:18 69 :1 negligent 57:6,9 negotiation 30:23 neighbor 67:22 71:10 neighbor.. 36:9 53:12 57:17 neighbor... 54:21 neighbors 18:1,2,7 18:17 20:15,18 26:9 32:14 42:6 55:18 56:4 63:13 68:16 71:9 neighbor's 45:22 neither 87:13 NCR 00209 nervous 44:14 networked 7:20 neverl6:11 17:15..46:3 56:10 .68:15 71:21 75.20 new 5:2 18:9 36:13 37:13 57:4 78:13,14 78:17,18 newlp36:17 NewmaalS:15 16:15,25 16:25 21:21,24 22:9,17 23:.2,12,22 24:12,14 30:11,'16 31:932:7 10 70: -8,10 72116 73:1 73:12,14 73:19 :76 :1 77:12 78:1 S0:4 83:12 83:15 84:18;19 Yemen 80:18 81:21 Newportls8 1:20 2:8,8 2:9 3:3,7 3:9,10 4 :1 5:8,11 6:9 6:15 8 :24 9:7 11:18 16:16,16 17:1,2,5,5 17:7,8,9 17:14,17 NEWPORT COAST RECOVERY - 12/8/2008 19:1,23 20:9 27:9 29:6 31:22 34:9 35:17 36:12,22 38:5,14,16 38:17,24 39:2,6,8 39:10,13 39:14,15 40:4,6,18 43:22.44:2. 44:10 45:2.3 46 :2 46:12 48:3 48:5,12,24 50 :5;15 51:19,20 52:4;10 53:3,14 56:23 63:18,22 64:12,15 64:22 66:11,23 66 :24 67:4 67:14,18 68:23 72:4 75:12 85:6 nice 71:11 Nick41:4 night31:24 85:4 noise 18:10 18:10,14 31:21 53:1 63:6 nonsense 27:12 non- diac... 80:4 non -image 52 :12 non-stop 62:4 Nope4:17 norea153:24 north 50:12 note23:20 73:4 notes 77,9 Notics 9:14 10:3,16 11:2 noticed 45:16 56:25 61:6 noticing 84:12 notify 79:18 Notwiths. . 36:11 Noveober 10:24,25 no- brainer 60:16 62:20 Rugent53.5 53:5 54:12 54:14 Nugent's 54:5 number 7:5 9:6 13:11 32:23,23 32:25 33:3 33.7 38:9 45:24 63:14 66:2 nnobars 49:8 mesons 17:11 N- e- wpm -a-n 17:1 O onthS7:8 Oberman 43:25 44:7 44:8 47 :21 47:24 49.14,16 49:21,23 50:7 71:24 72:16,21 72:22 73:7 73:9,22 obligated 21:13 OSOMY 3: 9 49:18 obscenities 39:20. observation 33:19 34:24 82:22 obtain 10:8 obtained 47:3 obviously .52.1 67:6 69:16 84:4 occasions 10:13 occupancy 9:11,11 48:9 occupants .8:17 34:19 occur51:15 occurred 56.22 occurring 56:3 occurs 57.12 ocean 8:8,15 53:25 60:25 October 10:13 offenders 70:13 offer5:16 20:6,10,12 offered 10:19 office 22:22 68:6 Officerl:9 4:6,10,12 4:25 5:21 6:3,4,17 7:2 9:1 11 :16,25 PRECISE REPORTING SERVICE 600- 647 -9099 Page 14 12:2,7 76:17 83:11 84:4 Off ioex11a 6 :18 8:5 official 83:21 off icialIa 79:24 oftentimes 79.24 okay 15.8 22:9 23 d1 24:17 30:19 32.:7 37:6 47.1 47:2,21,21 47:24 48:7 49:14,21 50:19 51:16 55:2 58:21 72.15,21 73:24 82:9 84:9 old 16: 2 35:20 59:17 75:20,20 76:3 older16:3 76:3 omitted 21:21 22:20,24 one -hams 8:1 on -site 19:3 19 :5 31:19 open 4:5 5:19 25:1 29:5 51:14 60:7 73:1 74:9 opened 42: 14 operate 7:13 21:13 28:16 64:15 NCR 00210 71:24 75 :25 . operated 46:8 73:16 operates X10:19 '73:10 operating. 17 :19 21:16 =41.10 75 -.9 78:11 operation ::21:5,11 1-22:23 26:6 :,33 :19 1. U.1546,6 -,46 :7 73:15 78:10 operations 6:14,20:24 21:7 26:31 34:6 48 :10 76:7 78:12 Operator 28 :8,12,15 33 :11;22 40 :9,15,23 44:12,24 . 47:8 48:2 operators 26:17 40:3 40:13 51:6 opinion' 52:12 opportun.. 7:1 54:17 opportunity 24.20,25 25 ;9 35:10 54:18 77:14 79:19,20 8D :5 61:16 optiaistic 51:5 options NEWPORT COAST RECOVERY - 12/8/2008 65:25 Orange 51:18 order :10:7 10:20.12:4 12:9 79:19 79:21 80:9 85 :.5. orderly :18 :16. 20:24 25:10 32:11. ordinance 7:7,15,19 18:9.53:15 54:18 74:16,17 76 ;12:,.21 76 :25 77:3_ 77:4 78:9 80 :2 ordinances 46:5 organize. 45:.22 organised 28:9. . erigiaally 56 :13 Otting35:IS ..35:17 outlet65:6 outlined 10:3,16 outsides :13 11:14 19:11 66:23 72:11 78:8 81:11,20 outstanding 12:19,25 14:8 overcon0_.. 54 :20 82.16 ov*rly 51 :5. overseeing 40:11 oversight 40:15 owaed42:20 72:4 owner.13:2 26:18..27:3 27 :7, 1D. . 60:25 owners 31 :17 52:23 ownership 7:15 owasl9:2 o'clock 22 :13 53:21 84:21 85:22 O- b- a -r -... 44:8 0- t- t -i -a-9 35:17 package -50:5 packet 22:5 page22:6,7 36:7 45:16 48:7 50:14 paid70:6 paper 85:11 paperwork 43:1.52 :19 58 :12 64 :10 Paragraphs 36:10 parcels 13.7 13:8 Pardon21:23 49:17 Parente 39:21,23 43 :21 44:21 60:19 park29:18 31:20 Parker51:17 parkingl9:4 29:16 31:8 31:13 52:7 52:.10 59:24 Part11:6 .14:15 16-.24 22:23 24:9 31 :16.32:3 32:4 37:12 37:12 38.3 63:21 79 :10 85:22 particular 4:7.12: :16 26:17 49:7 particul... 49.:1,4 79:7 parties 87:15 partner 16.:15,16 17:3,2,11 17:21 . 26 :12 parts21:ll pas5iug40'6 patients 40:11,22 PATRICK 3:4 Paul29.:21 33:1,4 pay 70:21 79:25 paying80:e Peaceful 53:24 peninsula 8:6 35:24 35:24 38:15 40:19 53:6 53:14,17 PRECISE REPORTING SERVICE 800-647 -9099 Page 15 people 7:21 18:17,22 23:20,23 25:8.26:12 26:25 27:2 27:2,15,19 29:3,15,17 31:10 32:2 41:20,22 44:15,21 45:1 49 ;1 52:1 53.20 54:10-55:1. 56:25 58 :21 60.20 62:6 64:9 66:16 67:22 -68.1 68:5,11,14 69 :6 70:16 70:17,21 70:21,23 71.25 72:6 82:20 peoples 69:4 percent 20:11. percentage 54:13 Perfect. 67:24,25 period20:5 41:16 42:20 45:25 70:22 Perlin47:9 47:15,25 48:1,5 permanent 85:13 perait4:14 5:8,18 6:1 6:8,14,16 6:18 7:8 7:22 8:2 NCR 00211 .8213,11,16 8:20 9 :6,7 9:16,22 10 °8 13:3 14:10 15:12 21:17 32:19 34:2 37:12,17 37 :2541:3 48:16,18 62:14,14: 63:25 64:9 65:3,12,16 74 :7.75:2 75:578 :8 78:12 79 :16.,22 80:.1,6 81:12,13 :81: -21,23 82:.4,85:6 pexmits6:10 9::18 '33:18 46:4 56:6 56:16 58::1.5..65:8 65:8 74:11 79:.13 permitted 9:11.62:21 permitting 77 :23 parson 20:4 23:3 27:20 30:1 47:7 58 :22 71:6 personal 44 :18 45:7 47:468:12 personally 22:21 39:7 39:24 40:2 personnel 59:18 persons6 :24 6:25 7:13 54:6 76:15 NEWPORT COAST RECOVERY - 12/8/2008 perspective 33:1 34:15 phone20:22 23:6 phonetic 40:10 53:6 pick68:18 picking40:3 41:18 - pick-up ,42:10 piece 16:9 piecemeal 16:7 pipe 56:15 - Pizzo l7' :3,4 47 :1'4 placel0 -:9 16:11 19:19 21:16 22:20 29:18 30:17 42:13 44:21 48 :.17 51:22 63:7 . 64 :17.87:6 placed 87:8 places 59:23 plan.13:3,4 13:5,.6,11 13:12,20 13:21 14:2 15:22 21:5 21:10,16 26:3 27:11 33:19 37:10, 53:19 Planuer3:8 planning 5:5 34:24 84:2 plans.15 : 21 15:22 21:13 64:25 65:8 played 18 :11 Playground 39:15,17 61:25 playing 39:17 plead62:12 please20:23 25:3,6,11 37:8 42:8 42:9 52:20 57:14 58:5 61:263:3 69:10,11 72:17 73:13 pledge 20:16 point8:7 15:8,10 -23:17 25:6 33:15 34:16,23 35 :6 42%2 60:12 69 :17,25 82:9,23 police 11:17 11:18 19:23,23 20:3 39:23 43:5,6,8,8 43:13 64:21,22 67:15,18 policy 19:17 34:8 poor33:2 position 54:4 67:9 positive 69:1 possible 18:19 19:22 82:14 postpone 28:2 potential 56.20 potentia... 56 :21 potentially 30:25 34:2 34:16 practice 76:9 80:3 practiced 17:4 ' practices 52:23 precisely 77:6 precludes 33:17 preliminary - .139,10 prepare' 11:23 .83.9 prepared 23:18 pxesent4:23 present&... 4:19 5:10 5:25 12:15 24 :7 28:9 43:25 presented 11:24:220 presenting 28 :23 preserve 85 ..8 51:3 pretty21:17 24:11,15 30:1 43:3 69 :16 .83:20 prevented 34:13 previous 81:6 previously 17:19 primarily PRECISE REPORTING SERVICE 800- 647 -9099 Page 16 15:11 principal 58:259:6 59:10 60:19 prior 12:13 14:15 17:20 37 :3 37:10 71:16 87:5 87:7 private39:9 68:23 probability 50:22 56:21 probably 24:9 27:19. 29 :25 31:2 42:15 . 75:14 84:12 problem. 16:18 42:7 59:8 63:14 67 -:2 68:21 68:24 71:21 Problems 24:2 41:24 52:7,10 55:12 67:20 71:10 72:13 procedure 60:15 proceed 4:18 4:21 58:17 proceeding 10:9 proceedings 4:5 87 :5,7 87:9 process 6:12 7 :5,8,22 8:2,20 14.20 NCR 00212 27:.22,24 28:18 31.17 32 :4 38:1 51:4 58:7 69:11 74:25 76:19 78:6 81:12,13 81:21,23 82:4 profanity S7-11 61:25 63 :6 professed 68:2 professi... 45:24 profile39:1 profiteers 17 :12 program 52 :25 programs 7.11 36:21 48:22 progress 67 :25 71:11 progression 25:11 prohibited :81:18 project9:9 '11:24 13:13 Projects 58:16 prolifer... 71:17 proper56:16 65:1 81:19 properly 18:21 34 :17 38:2 59 :9 66:15 proportion 35:24 property NEWPORT COAST RECOVERY - 12/8/2008 8:10,25. 13:2,7 49:9,10 60:25 61:10 63:10 proposed 33:15 provide s :5 12 :12 13:20 46:20 48:1 77:13,14 provided 13:14 provider 25:23 provides 75:22 providing 13:16 provisions 36:14 prorinity 56:19.63:6 63:18.70:5 76:11,17 76:18 82 :17 public l:7 2:7 5:19 5:21 17:8 20:1 24:24 25:1 34:10 35 :9 37:20 45:25 60:7 65:21 85:21 publication 11:13 public's 12:24 Pull 22:14 41 :20 43:12 pursuit 32:24 put 24 : 7 25 :6 27 :1 30 :15,24 32:17 34:3 34:14 40:24 45:6 50:25 56:24 61:21.65:6 73 :20 74:15,17 76:.13 77:2 84:25 petting 37:16 60 :19 p.m2 :9,10 4 :2,2 - 18:12.85:7 86:1 --- Q �- qualified 36:25 37:3 question 32:9 40 :7 40:8,14 62:17 70:13 72 :16,19 73:6,8,9 75:17 79:14 81:11,14 questioning 45:18 questions 6:2 9t2 12:17 20:20,21 20:25 23:23,24 48:8 70:1 75:6 76:10 77:9 quick24:11 57 :13 62 :24,25 quickly 18.18 46:10 47:13 56:24 57 :1 73:12 82:25 quiot22.10 quite29.11 32:13 36:2 41:18 75:18 R raised22 :8 :65:23 75:8 75:17 ran I5 :23 .,41:22 58:11 '59:21 ranked51:25 rational._.. 25:20 reached 30:22 road36 :10 70:25 reading30:6. real 34 ;5 57 :13 69.:16 72:7 realize 16:13 62:20 realised 65:11 really 6:1 13:5'14:5 17 :25 18:5 20:11,14 20:23 21:6. 21.:11 24;4 24:19 25:20 33:24 36:6 40:21 53:15 56:2 69:14 70:16 PRECISE REPORTING SERVICE 800- 647 -9099 Page 17 rear 19:17 19:18 reason 10 :5 19:8,9 25.17 32 :18 38 :3 42:22 44 :20,25 62:20 76 :14 77 :3 82:19,20 reasonable 6:21,23 7:1 45:13 reasons11:6 24:10 29:1 60:21 rebut5:23 rebuttal 66:7 received 11:9,12,17 13:9,17,18 14 -:11 37:7 46:3,12 39.12 receptive 42:1 recidivism 57:22 recognizes 78:2 recommend 28:1,19 77:11,12 reccumea... 77:18 82:10 recommen... 24.22 83:10 recasman... 12:8 32:15 record16 :4 16:24 54:25 56:5 63:2 67:18 NCR 00213 87:'9. records 16:1 19:24 45 :25 67:16 Recover 66.:12 recovery 1 :8 4:.11'5:9 6 :15,25 8::8,15,24 9:7 16:16 16 :17 17.:2 17:2;14,17. 17:19 19:1 38:16.,24 39::2,14 44:10 46:3 46:12 -48:4 48:6. 50:5. 51-20, -52:9 52;:16 54:6 - 54 -.8:,10 63:14 67:13 ..75:12,25 76:15 81:2 -85•.6 Recovery's 4Q-5 regtify23: -8 68:14 72:14 redoac38:10 rodrari5:22 reduce 20.10 refer7:10 9:1 reference 50:3 referred 51:1 refuge 52:6 regard14.5 52:25 regarding 11:20 12:1 14:18 20:1 NEWPORT COAST RECOVERY - 12/8/2008 57:22 regulated 70:16 regulation 66:3 regulations 35:17 . 50:21 52::25 rehabl8:23 38:19 39:1 39.17,25 40 :13'16 66:23 67.:1 rehabIli .. . 30:.2'53:16 rehabs 38:25 reiterate 3'4.24 rejedt28:19 32:16 54:4 60:13 relates 6:9 relation... 68:9 45::14,16 87:14 relatively 22:25 43:15 relevant 79:7 relicensed 57:5 rmain 78:12 10:16 12:10 remedy 79:19 81:16 remember 25;11 61:22 rer4nder8:3 85:20 renswa137:4 76:4 rental41:14 63:5 rents 72:5 repeat42:22 repeatedly 46:17 repetitive 5:1 report 11:3 11:6,7,8 11:10,13 11:17 12:6 12:19 13:10 30:6 36:7,83:1 Reporter 2:11 63:3 85:11 87:4 15:20 43:13 represen... 48:3 represen... 45:14,24 represented 47:4 request 13:19.14:9 41:2 43:23 46:22 49:25 requested 6 :22 11:1 14:11 16:7 requesting 10:2 requests 4:16 7:2 13:23 45:25 require 13:13 14:24 78:22,23 79:23 80:19 required 10:25 13:3 13:3 46:6 46:6'48:14 59:20 70:17 79:25 requirement 7:19 14:24 16:21 78:14 regairem... 4:16 9:16 9:17,18,21 10 -:6 13:12 14:18 15:12 46:15 requires 15:11 36:21' requiring 14:14 residence 41:8 46:11 resident 40:18 44:9 51:18 80:10 residential 6:10,13 46 :15 47:5 74:12 residents 9:11 11 :9 36.18 38:14 46:24 53:3 61:8 resolution 68:8 respect 23:13 26:14 27:10,11 30:18 31:8 32:17 respectful PRECISE REPORTING SERVICE 800- 647 -9099 Page 18 26:8 respectf... 49:25 respond26:7 26:8 35:10 48:8,10 57:8 72:20 79:13 responded 1 &:25 response 13:19 65:19 rosponsi.... 5312" responsi... 27:4,7 40:15;24 responsible 20:14 26:2 26:22 28:9 33 :11,22 47:8'69.:18 rest54:10 85:15 resubmit 57:4 result10:8 return -5:23 13:14 -73:28 84:1 returning 23:6 raviewl5:3 37:1,9 48:15 78:14 83:9 rev1.ews46:2 Richard47:9 48:5 RICHRMS3.4 rid 19 :13 ridiculous 23 :11 27:25 rightl6:14 21:22 22:2 22:18,20 NCR 00214 24:11 49:13 54:25 58:13 59:13 61:7 61:8;9,24 62:6 65:18 68.10 73:25 -78:11 82 :11,12 85:24 rightly33:1 ripping 79:22 risk 45:7 48:22 role 4:12 rooa27:13 52 :15 5.6:14 84 :15 85:3 roomB13:20 roots 17:13 routel3:17 routing ,.13:'11,12 row 64.1 68x20 RPR2:11 87:21 rude 25:8 39:19 rules 59:2 run 32: 8, 10 41:20,20 42:23 58:13,15 running 26 :11 32.4 56:10 66:18 run -ins 71:19 R3 9: 10 8 83:5 NEWPORT COAST RECOVERY - 12/8/2008 sacrifice 34:21 safe 60:3 aafoly34:14 safer 60 :3 safety34:11 35:18 38:21 44 :18 59:15,19 sat68:5 Saturday 55:23 56:25 66:20 Saturdays 61 :6 saying31 :18 63:17 says 14 : 6 24:18 29 :14 30:8 36:10 72:24 78:9 scheduled 12:13 school 17 :7 28:13,14 28:16 29:2 29:5,5,6 30:21 31:7 33:23 38:17,18 38:20,21 38:25 39 :15 40:17,22 40:23 48:12,24 59 :11,15 59:18 60:4 60:18 62:18 63:19,19 70:5 71:14 71:15,16 71:18,22 76:11,17 82:17 schools 17 :8 30:24 38:22.39 :.9 39 :9 60:1 60:2,5,6 60:11 76:13 school -ago 38:23 Schoonover 60:24,.24 6113 scratch 16 :5 screening 53:21 Seal :24 50:5 67:12 76:23 season 49 :5 second21:2 46:8 57:2 65:13 secondarily 59:14 60:16 Secondhand 18:20 section 22:4 22:7 78 :16 secure37.20 59:16,18 see7:4 8:11 8:25 21:3 21:18 22.15 23:17 30:18,19 31:13,14 31:23 32:18 44 :21 55:13 57:14,15 61 :21 69:25 83:22 seeing 65:20 seek36:22 37:2 seeking 37:13 seen26 :16 43:552:14 52,17,19 54 :9 71:11 sees 72:19 seisure20:5 seldom 60:10 select 39: 8 self 28:23 sense 26 :9 28:17,18 sent10 :1 sentencing 48:21 separate 80:15 82:4 September 10:4 series10:11 serve 60:7 service 13 ':13 15 .13 :16,16 19:11 47 :5 services ' 48.1 sst74 :5,23 83:3;25. 8716 settlement 76:23 sovea49:18 49:19 seven -pe... 52:8 seven -unit 9:10 52:8 Yhip26:11 MI=Y3:9 shit 61:15 short 70 :22 shorthand 2:11 87:3 67:10 PRECISE REPORTING SERVICE 800- 647 -9099 Page 19 show 13 :6 55:14 showed'e :3 showing 42:24 shows8:5 shut 34 : 6 shuttle 13:12,15 sidel6:13 31 :3,19 aides 30:3 aidexalks 19 :16 Sigalos64:6 64 :6 75:11 'sign66:17 76:17 eigned13:1 36:9 78,:1 sign -off 14:16 similar 7.: 3 simplified 9 '.23 sincerely 35 :8: ,single SO: 13 69:5 eir23:13 27:3 36:1 72:22 73:11 83:15 site 5:14 9:9 13:3,5 13:5,13,16 15:21,22 15:22 43:14 48:3 60:19 sites 60:2 sitting32:7 52:15 66:19 situation 23 :7 24:3 37:1 44:19 NCR 00215 55:10 60 :20 . 60.:10 69:2 69:13 81:17 situations 9:22 six 7:12, 14 7:14,21 12:20,.24 15:13 24:15 36:18 43 :7 45:11 50:17 62:16 71:25 73.22 ema3121:11 smaller - 50:18 smoke18:20 -18.20,22 •18:23 55 :24 61:14 67:3 67:4 amoked42:18 smoking 19 :17 21:9 30:19 31:24 35:21 39:20 48:9 49:5,6 52:2 53:1 56:18 61:12 sober7:24 29:7 50:4 67:12 71:25 72 :1 76:22 sobriety 54:10 solved18:13 somebody 15:16 30:9 NEWPORT COAST RECOVERY 12/8/2008 32:4 34:20 60:9 62:12 sonaoneIa 18:25 64:4 : scmevhat 5:1 9:22 son 61:15 soon71:25 74:14 sorry8:1 16:18 22:24 24:2 33.5 :51:14 63.:1 74:13 77.10 83:22,24 aortl3:18 - 34:4;6 sortsl4 :7 soundsa0:1S Southern B:17 apaakl4 :25 $2:3 34:11 54::15,23 apeaker25:3 25:16 54:2 79:12 80:12,22 80:23 81:1 speaking 25:12 speaks 5 :15 26:5 72:2 special 15 :3 70:6 82:5 apeoific5:5 5.:11 6:12 9 :3 11:20 18:8 23:18 67:7 70:1 76 :14 77 :3 specific... 12:21 76:2 specifics 26:15 34:1 speed21:3 spe1116 :23 25:12 29:23 41:6 58:4 61:1 spelled 17:1 opent58 :13 spirit20:12 spoke22:11 30:11 70:4 75:11 spoken41:2S spots 8 :311 spreadS3:16 sprinkler 65:6,13,13 sprinklers 79:4 staff 4:20 5:10 6:3 10 :11,13 10:19 11:3 11:4,6,7,8 11:10,13 11:17,23 12:6,8,16 12:19 -19:3 20:25 21:4 24:18,21 27:15 28:1 36:7 40 :12 46:12,16 65:22 70:19 73:25 74:21 77:18 82:10,15 83:1,7 84:2 stainl7:25 standl5:14 15:15 standing 45:7 standpoint 82:8 otands78:7 78:7 startl6:5 25:10,12 53:12,13 53:11 65:24 74:9 76 :11 started 25:22 starts 22:6 state7:8,9 7:20 17:14 17:22 45:19,21 46:15 54:3 59:5,8 63.1 73:8 :75:13,20 75.22 76:5 76:6,8 78:2;21;21 -81:10 87:4 stated.10:15 21:6 12:6 35:19.81:9 statement 13:25 14.6 33:16 54:6 72:23 statements 23:24 72:B statea37:6 statual0:14 stay 6 :14 25:3 29:3 53:12 54:10,10 54:19 stealing 70:23 8tee152:17 51:18 step78:22 steps 7:5 12:1 stereo's 62:3. Stew 36 : B , 9 stickers 59:24 PRECISE "PORTING SERVICE 800- 647 -9099 Page 20 stolen 62 :1 62:3 :tap 18:23 79:19,21 80.:8 stopped42 :2 43:6 atops23:5 61:9 street:8.9 0:25;31:4 31:6.,12120 46::9 53:23 strict 52: 25 66:16 strike -outs 47:20 strong 85:9 strongly 37:1 student40 :7 students 39:11 atudyl4:19 atuff 32:2 54:24 55:14 57:8 subject7:24 8 :2;9,13 8:18 34:2 39 :3 44:17 51:2 su1m4t10.24 12:10 13:10 24:18 32:5 35:1 46:22 48:4,14 50:2 54:24 56:5 57:13 57:21 Submits 64:25 submittal 10:21 24:20 submitted 9 ;12 10:4 NCR 00216 10:17, 11:2 11.4 12 :21 13:2;4 15:23. 26:4 32:2.0 45. :15,17 48:13 50:17 83:3 -subscribed. '87.:16 subsegaeat 9:13 aubatautial 24.:9 7:3 45: %4578, audden 68:8 suddenly 62::19 Buffiae 15:24' sugges;t32:3 33:8 suggested 49:11 suggestions 65:24 summsr49:4 55.22 suomectime 29:16: Sunday 55 - 23 56 :25 Sundaya61:6 66:20 aeperint... 58 ;2 59:5 59:10 snparvias 42:6 supervision 60:20 supervisor 46:16 supplied 13:24 NEWPORT COAST RECOVERY 12/8/2008 supportive 22:13 supposed 21:25 43:13 46:4 sure 50: 6. 55:1 62:25 81:7 nmew 19:19 avowing 21:10 30:18 :system 17.16 25.4 48:20 61.4 64.:7 8 g -E -E -L 51:18 T T58:12 tako16:21 . 18:18' 29:10 40 :6 43:17,21 64:18 67:1 68:22 69 :17 70:12,13 70:14 74:3 77:1 83:17 taken2:7 20:11 27:18 87:5 talkl6.20 23:18 2S:9' 43:11 51:23 52.7 58:3 69:101 74:5 80.24 talked30:12 32:8 49:10 60:8 67 :23 68:1 69:8 71:12 78:6 talking 34:11 53:8 57 :15,22 61;24 targeting 76:1 tattoos 39:19 teachers 44:22 60:20 telephone 10.11,12 te1122 :17 31:19 42:8 44 :25.52:3 52 :17,24 55:24 57:14. 69:3 73:1,2 75:18 temper 25:17 25:17 teaSS;4 77 :5 tenants . '42:12,17 61:10 63:5 tease 73:3 terainate 35:11,12 term 48 ;14 terrible 34:20 Terry63:9 testifying 87 :8 testimony 85-.8,15 thank 4:22 9.4 15:7 16 :24 23:15 27:13 29:20 32;19 38 :11 41 :3 41:4 47:1 49:22 50*7 50:8 53:4 54:1,22 56 :23,24 57 :20,24 60 :22 62:22 64:3 66:9 73:11 80 :21 83:6 85 :24 thanks25:12 51:16 55:10 72:15 <73:24 thereof :87.12 They'd67:3 thng28:8 28 :11 29:13 34:3 34:18 42:22 47:25 49:6 55:17 57 :2 58 :13,16 -62:16 69:16 70;3' 71 :1,23. 77:1:2 80:10 thin 16 :14 18:24 22:15,19 22:22 23:4 29:10 32:23 33:12 34 :18 42 :11 53:2 58:17,20 59:25 60:2 60:5,12 67 :8 68:14 66:15 69:3 69:9,21 70:20 71:7 71:13 79:17 think 5:2 PRECISE REPORTING SERVICE 800 - 647 -9099 Page 21 15 :8 21:6 21.20 22:13 23:17,19 24:4,6,9 26:16 27 :17,24 28 :23,24 29:19 30:4 32.2,13,22 34:9 35:8 37;16,20 38:1,8;9 40;7,7 43 ;.15 49 :12 52 :11,11 52;13 54z5 58 :18,24 -59.13 60:21 62:7 63.1315 63,26,23 64;1,2 6t:16 66;2 66:25 67 :6 70 :2 71:18 71:19 75:11,16 77:20 80:14 82:12,24 85:2,10 third25.23 rhoaas 1:9 4:5 thought 15:24 23:16 30:22,23 47 :9 68:9 thousand 17:23 28:13,14 28-16 30:20 31 :7 33.23 62 :18 NCR 00217 - thraah52:5 threatened . 68:4 threats45:2 throe 5 :20 . 6:4,20:3,5 25:3,5 30:4 31:13 33:3.,7 35:6 39:7 46:25 47:3 55.18 57:6 58 :16 62:3 69:7 83:23 three -plus 52 :3 :throw72:7 49.8 Thuraday8:4 14:24 ticket67:3 tied47:25 tight26:11 time 5 :17 , 24 9:24.10:15 10 :19 11.23,25 12 :8 16:19 18:9 19:3, 23:8 24:6 24 :23.25:2 26:13 27:1 27:18,19 28.4 29:7 31:23 32:5 32:17 35:3 35:4 38:7 38:21 40:11 41:1 41:5 42:7 42:12,13 42:17 43:7 43:24 45:12 46:1 46:5 49:12 49:15 52:2 53:17 NEWPORT COAST RECOVERY - 12/8/2008 54:14 57:4 58:20 59:7 60:10 61:20 62:13 66:2 66:16 67:11 70:23 74:4 75:3 :77:12 78:4'80:17 83:2,2,6 84:2;8,16 85:1'86:1. 87:6 tineiy.40:25 times 13.14 20;5 41:24 55:22 62:3 71:12 time -wive 83:5 timing82:11 82:12 tiny68:20 title 13:9 15:20 todhy4:13 7.25, 22:18 26:16 27:16 28:23'50:1 50 :3,16 51:21 52:15 68:3 76:9 79:1 79:15 today! a5:9 told51:6 68:3 73:22 tomorrow 33:18 64:19 tone39:21 tonight 85:15 Tony 64 :6 total 21:14 35:14 48:9 totally28:8 33 :18 34:23 42.22 touching 23:3 tough 18:2,3 65.:14 77:6 town 7:23 8:19, 78:25 7.9:15 80:11 84:18 traffic 19 :1 41:12 transcribed 87:10 tranacri... 87:12 tranaiti... 46:18 72:24 transport 41:23 transpor... 19:2 trash19:11 19:13;14 42:10,12 42.14 travel 13:15 treatment 7:9 19:7 47:6 tried10:11 17:15 43:12 67:23 72:11 trigger 78 :13 trouble 33124 53 :14 60:18 troubled 33:24 troublea 33:25 truck29:11 62.1 trucks 29:9 68:29,20 trap 33 :4 try 18:16,18 22:14 42 :1 42 :4 63:25 68:7,.13 69:19,23 71:13,13 72:8,12,13 80•:17 84:12 trying 17:25 34:16 46:10 53-24 67:24 69:1 72:12 79:5 turn 5:7 20:23' 43:24 56:19,25 62.:14 65::15 turned28:10 74:23 twice 19:14 79:25 twist68 :25 two 20.6 31:19.,22 32.25 34:18 35:24 36:3 36:23 43:24 46:8 46:25 55 :4 56 :8,8 57:6,10 58:3 60:12 66:21 79:1 two -oar 56: e 56:10 two -hoar 84.24 PRECISE REPORTING SERVICE 800- 647 -9099 Page 22 type7:7 13:21 :31 :23 56:17 types48:21 typical 39,1 typically 79:18 U unable11:23 36:23 54:7 .lilit\iN�iV • . 45:5 undersigned 8713. understand 30:931:4 '32:15 37:18.41:1 57:3, 67:10 68.:11,13 underata:.. 51,:11. 74.2 40:18 uneasiness 56-.20 unfair 54 :5 unfortun. 15:16 23 :5 34:19 78:15 unfriendly 68:10 UHIMMX ... 79:12 80.12,22 81.1 unique59:15 unit63:5 uni.ta 38 : 7 universally 79 :21 unlicensed 47:16 NCR 00218 63:16 unsuperv... 49:2 update11 :25 76:7 upgraded 37:22 upset26:16. upsetting 63:16 upwards 49:3 up -.to -date 14:13 urge32:14 use4:14 5:8 5:18 :6:1,8 6:10,14,16 6:18 7 :8 7:21 8 :2 8- :13,13,16 8:20 916,7 9:16,18,22 10 -8 13:3 14:10 .15:12 18 -:13 27:10 31•10 37-12 41:2 46:4 48:16 61:25',68,:7 74:7;11 75:5 76:18 76:20 78 :8 78:12,13 78:22 79:5 80:3,18 81:12,13 81:15,18 81:20,23 82:4 85:6 uses6:13 8:25 36:14 74:12 76:18 82:21 usually NEWPORT COAST RECOVERY - 12/8/2008 16:12 74:8 utilise 19:14 utmost38:22 utterly 33:2 V valid 14 :11 19.8,8 validate 31:17 valuable s :3 van 19: 2 41:13. 61 :9 vandalism 20:6.70:20 70.24. vans41:17 61:8 various 39:24 46:5 74:22 .vehicles 20:7 41:16 verbatim 87:8 verify19:24 versus 84:6 8:23 view 26: 7 60:12 violation 45:21 violent 70114,14 visit29:17 visuall7 :25 voice63:12 voicing 67:20 volums* 26: 5 voluntarily 76:23,24 volunteers 77:1 - vulgar39:20 49:5 W W1:9 4:5 waffling 34:4 wagon54:7 wait62:19 waiting64:4 walk29:7 walkod16:11 walking 53:22 wandering 44:12. want18:7,8 19:19 20:14 22- 14'25:8 25:13,14 26:24 33:12,14 34:3 36:9 37:15 44:14 52:7 53:7 63:12 63:23 65:5 67:7 68:13 70 -:21 71:8 71:23 14 :3 74 :9 77:13 84 -4,25 wanted54:3 60:8 62:14 63 :1 73:5 74:5 76:11 wants 67.9 washar56 :15 wasn't15:5 47:14,14 62:15,15 waste 14:2,5 19:12 29:10 68:17 wasted28 :4 35:3,4 watch 42:9, 9 W1►S9CSi 3.4 way6:19 10:20 17:16 26:9 27:18 29:11 30:13 31:4 33 :10,22 34:10 37:19 38:9 42:23,24 49 :6 52:5 61 :18,22 64:2 72:9 75:18 ways 41:12 Web 5: 13 48:3 Wednesday 85:22 week10:18 15:16 16:9 19:15 22:22 24:16 26:21 30:6 58:14 69:20 80:23 83:14,16 84:1,3,13 weekends 39:16 went42:12 42:18 43.12 52:24 59:22 63:18 64:19,25 Nest4:7,13 6:10,24 9:8 29:22 33:6 46:9 46:11,20 46:21 47:17 50:16 55:21 60:25 PRECISE REPORTING SERVICE 800- 647 -9099 Page 23 63:11 64:7 71:24 72:25 Motherholt 38:12,13 we'114:18 4:19 15:16 24:12,24 42:1 64:18 .65:20 66:8 72 :13 79:10,18 85:5,8,25. we're4:4 15:8 20:12 20:12 22:13 23:8 23:17 25:1 27:1 30.7 31:10,17 32:7 34:7 34:15 37 :16 49:15 55c19 60:7 65:10 66:15 67:1 67 :24 68:6 68:15 69:1 69:18,19 71:9 72 :12 77:2,5 we've 14:22 16:4 17:22 20:2 23:7 26:16 31:14 34:18 41 :24 43:5 43:6 51:9 55:4 67:23 68 :23 69:15 71.21 whatsoever 28:6 32:24 70:15 WHEREM NCR 00219 87:16 white41:17 wife 17:6,10 28:24 29:22 55:3 55:;8 willing 20:19 34.21 Willis 62:9 wish 39:3 54 :23 57:25 69.2 76 :5,5: 16 87::7 wonder29.4 58:21 wonderful 6;. •.19 words 25:7 work 18; 17 20:17,18 42 :2,5 56:7157;16 66:14.68 .-2 68..:7,13 70:7 71:13 71:13 72:10,12 76:8 79:16 79:19,21 79:22 80:6 80:9 82:17 worksd80:16 working 15:17 41:15 42:13 works84:21 worry64:18 worse31:22 52:5 57:1 wouldn't 21:15 30:24 NEWPORT COAST RECOVERY - 12/8/2008 58 :14,17 61:21 76 :5 78:23 wrap 24 :7 25 :6:49:12 49:16,16 49:21 57:13 84.25 49:19. written 32.21 wroug28:15 W- s- t -h -... 38:13, W- i- 1 -1-i -a 62 :10 yard29:5,5 Yeah 52:2 year 72:3,7 .years 16:2 17:5,6,18 17:20 25:21 26:20 30:3 30:4,5 .31:13 34:15 35:20,23 38:14 41:10 43:20 44:11 51:19 52:3 55 :5,7,22 57:17 64.10.69:7, 71:21 73:17,19 75:14 79:1. 79:2 young55:4 57:10 64 :11 zero 55:18 79:8,9 zone 9: 10 zones74 :12 1 136:13 45:16 1/229-,22 10 22:14 25:7 10033:18 101964:7 118:8 18:11. 22:12 11th U. -12 11:3031:24 112529.:22 33:6 ,112947 :17 113231:3 33:9 114963 :11 1284:6 12th31:12 83:17,18 84:13,15 84:22 85:7 121341:8 12166:7,13 8:10,24 9:8 11:21 46:9,13,19 55:21 121750:16 121946:11 46:21 71:24 72:25 73 :10 1336:4 13th84:14 1410:24 19:9 22:6 34:19 48:7 140060:25 1525:7 36:4 38:14 168:16 9:15 84:6 16th10:16 84:13 1722.-7 18 41:16 18067:12 2 210-.4 S3:21 85 :22 2018:15 20:11- 25:21 30:12 20th9:13 20 =plus 44:12 4913 200338:6 200511:20 200746 :1 20081:11 2:104:1 6:12.7:17 9:15..1014 10:18 19:25 36:13 38,:6 46:1, 67.17 2008 =003 4:14 . 2008 - 0339:6 20098:.14 51:7 74:19 20108:19 2112:13 83:7. 21 -dagy 83 : 2 2133:6 228:9 22nd6:15 51:15 24/727:9 25th10:25. 28th 51.14 298:1,10 9:11 34:21 35:21 36:0 53 :10 PRECISE REPORTING SERVICE 800- 647 -9099 Page 24 29- bed78 :10 29 -plus 48:19 3 , 355:19 3019:7 70:18 30048:12 33002:8 3:9 3543:20 3553:5 4 4 84:21 85:7 85:22 4th 10:1, 10 45:17 4:00 2.:9 4:2 40th 3 :5 400 31:5 4517:6` 45- minute 41:16, 49 8.:17 5 511:3.34:21 84:5 5:502:10 4:2 86:1 50 16:2 17:5 25:24 26:19 50 -Plus 35.20 6 6th37:5 60 51:21 626 -8484 3:6 644 -3002 3:10 67 36:7 757-.11 8 NCR 00220 I NEWPORT COAST RECOVERY - 12/8/2008 Page 25 81:11 2:10 4:1 85014-.11 - -- 9 -- 918:12 22:12,13 57:11 8415 9018:25 90 -day MS 90071 -3101 3:5 92658 -8915 3:10 92662:12 87:22 949 3:10 PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00221 GROUP RESIDENTIAL USE PERMIT HEARING (1/12/09): AGENDA NCR 00222 11287 -0011\1 127414vl .aoc City of Newport Beach GROUP RESIDENTIAL USE PERMIT HEARING .. crG�adr AGENDA This hearing is held in accordance with Newport Beach Municipal Code Chapter 2031A (Use Permits in Residential Districts). DATE: Monday, January 12, 2009 (continued from December 8, 2008) TIME: 4:00 p.m. - 6:00 p.m. (Hearing must be concluded or continued by 6 p.m.) LOCATION: Council Chambers, Newport Beach OW Hall (3300 Newport Boulevard) USE PERMIT No.:. UP2008 -033 (PA2008 -104) APPLICANT: Newport Coast Recovery, LLC SUBJECT PROPERTY: 1216 West Balboa Boulevard, Newport Beach HEARING OFFICER: Thomas W. Allen PROJECT SUMMARY: An application requesting approval of a use permit to allow a residential pre facility to continue its operations, but reduce the number of beds within, as an adult alcohol and /or drug abuse recovery treatment facility for mates only. This application has been filed in accordance with Ordinance No. 200"", which was adopted by the City Council In January 2008. AGENDA ACTION 1. Hearing convened (Hearing Officer) 2. Presentation of the application (Newport Beach city staff) 3. Applicant comments, if any 4. Public hearing opened (Hearing Officer) • Comments are limited to comments about the subject property's application and operations; and • Comments limited to three minutes, unless otherwise ordered by the Hearing Officer. S. Public hearing dosed (Hearing Officer). 6. Applicant may offer rebutting or clarifying comments (Applicant). 7. Hearing officer's questions of City staff or applicant. B. Hearing Officer determination. Options include continuance, approval of a use permit with conditions or denial of the use permit. In the latter two cases, the Hearing Officer may Instruct staff to prepare the Resolution for his signature. 9. Adjournment (Hearing Officer). CEQA: This activity has been determined to be categorically exempt under the requirements of the California Environmental Quallty Act (CEOA) 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 CECWs provisions. APPEAL PERIOD: Use Permits do not become effective until 14 days after the date of approval, during which time the decision of the Hearing Office may be appealed to the City Council. NCR 00223 GROUP RESIDENTIAL USE PERMIT HEARING (1/12/09): STAFF REPORT (W/ EXHIBITS 1 -5) NCR 00224 11287- 0011U127414vl.dm CITY OF NEWPORT BEACH PLANNING DEPARTMENT STAFF REPORT January 12, 2009 Agenda Item 1 TO: Thomas W. Allen, Hearing Officer SUBJECT: Newport Coast Recovery, L.P. 1218 West Balboa Boulevard • Use Permit No. 2008-033 (PA2008 -104) APPLICANT: Newport Coast Recovery, L.P. CONTACT: Janet Johnson Brown, Associate Planner ibrown[otdty:newoorf beach.ca.us (949) 644 -32W " PROJECTSUMMARY An application for approval of a use permit to allow a residential care facility to continue 'its' operations; but reduce the number of beds within, as an adult alcohol and/or drug abuse recovery and treatment facility for males only. This application has been filed in accordance with Ordinance No. 2008 -05, which was adopted by the City Council in January 2008 RECOMMENDATION Staff. recommends that the Hearing Officer conduct a public hearing, receive testimony from the applicant, the City of Newport Beach and its legal counsel, and members of the public. At the conclusion of the hearing, staff recommends that the Hearing Officer provide direction to staff to prepare a resolution to approve the use permit subject to the findings discussed in this staff report and the draft conditions of approval, which are attached as Exhibit 1. BACKGROUND On December 8, 2008, a public hearing was conducted on Use Permit No. 2008 -033 to review the status of the Newport Coast Recovery application and to receive public testimony. At that time, staff was unable to provide a complete analysis of the proposed project because the applicant had submitted only a portion of the required application materials, and the application had been deemed incomplete by staff. A copy of the December 8, 2008, staff report is attached as Exhibit 2. NCR 00225 Newport Coast Recovery. LLC January 12, 2009 Page 2 In accordance with Section 20.91A.030 of the NBMC, an application for a use permit in a residential district is required to contain or. identify the following information: • Facility users • Characteristics of the use • Transportation and parking • Location map and site plan • Similar uses in: the vicinity • Applicant iirfomnation including license and permit history • Operations and management plan, including occupancy Weis • Similar operations owned or operated by the applicant. At the public hearing the applicant:.discussed the status of completion of their application and the operations of the Newport Coast Recovery. facility as summarized below. • The applicant had hired an attorney to submit the completed application: The applicant was unaware that the attorney had not submitted ail the required application materials until they were informed by the City of the scheduled public hearing. The applicant stated that they wound now oversee the application and that all required application materials would be submitted to the City by December 12, 2008. • The applicant took over operation of the recovery facility five years ago and has invested a significant sum of money into building upgrades and property cleanup in order to make the facility blend in with the neighborhood. • The applicant has tried to be a good neighbor by limiting smoking to designated areas, prohibiting outside smoking, and by instituting; quiet hours between 11:00 p.m. and 9:00 am. Residents of the facility are required to sweep outdoor areas and the front sidewalk, and to keep these areas free of cigarette butts. • The facility owns and operates one van for client transport Clients are not permitted to have their personal vehicles on -site during the first, 30 days of treatment and are only allowed to have their personal vehicles on -site during the remaining 60 days of treatment if there is a valid reason, such as the need to drive to a job. • The facility uses a.private waste management company to empty a dumpster utilized .by the facility twice a week. • No police calls or complaints against the facility were made by the public in 2008. • The applicant offered to reduce the ADP licensed bed count for the facility by twenty percent. NCR 00226 Newport Coast Recovery, LLC January 12,2009 .Page 3 The public testimony submitted at the December 8, 2008, public hearing regarding Newport Coast Recovery is summarized below. • The City should dismiss the Newport Coast Recovery application because it was not a complete application at the time of the public hearing. • The facility is within 1.000 feet of Newport Elementary School. The proximity of the facility to the school is not in the best interests of the community. Weekend use of the Newport Elementary schoolyard by residents of the facility was reported as a concern. Neighborhood children use the sol"ard on weekends and parents think the residents of the facility.should not-be permitted to use the schoolyard. • The facility has been cleaned up over the past fire years, and is an improvement, but is stilt not well managed, and the facility functions like a fraternity, house. • Garages at the fact ity are used for purposes other than parking of vehicles. • The use of the alley located to the rear of the facility for service vehicles is not a good idea due to the width of the alley. • Visitors to the facility have to park on the street. ibis presents parking problems in the neighborhood, as on- street parking is limited.throughout the Balboa Peninsula. The facility should be required to utilize parking permits for on- street parking: • Vans drop residents in front of neighboring properties. This'blbcks aaoess for other vehicles in the neighborhood and creates traffic problems. • Tenants have moved from one rental property because. of the fadAty's presence nearby. • The facility needs to enforce regulations on outdoor smoking, curfews. and nighttime noise. • Residents of the facility are on medication. Concern was expressed over what could happen if one of.the residents "falls ofr their medication. • The facility's staff or residents have, in the past, used neighboring. properties' trash bins or receptacles without the consent of the neighboring property owners. • Concerns for personal safety were raised. Confrontations between facility residents and neighbors were reported. • The Property located across the street at 1219 West Balboa Boulevard is not licensed but has been used for off-site "sober living' services provided by Newport Coast Recovery from its facility located at 1216 West Balboa Boulevard. • The facility should be required to comply with current fire codes. • An ex- resident who went through the program at Newport Coast Recovery reported he had a successful rehabilitation experience as a result of his stay at the Witty and is in favor of the application. Occupancy would be the same if the building was a rental properly and the parking issues would be the same. Management needs to improve their administrative practise. NCR 00227 Newport Coast Recovery, LLC January 12, 2009 Page 4 The Nearing Officer continued the public hearing on Use Permit No. 20 08-033 to January 12, 2008, and directed the applicant to provide the remaining necessary application materials to staff within 21 days prior to the January 12, 2008; public hearing date. The applicant submitted the additional required application materials on December 12, 2008, and submitted. supplemental project information to the City on December 23, 2008; enabling staff, to complete the analysis W the project The complete project application package for Use Permit No. 2008 -033 is attached as Exhibit 3. ZtsCt)ssION The subject facility located at 1216 West Balboa Boulevard is operated ,by Newport Coast Recovery, LP., and is licensed by the state of califomia -s Department of Alcohol and Drug Programs.. (ADP) to operate and. maintain an adult residential alcohol and /or drug abuse/recovery or treatment facility for a total .occupancy of 29 persons. The faafRys ADP license restricts treatment services to male residents. The property is owned by Hayes Properties, LLC. The Clr►ical . Director, of Newport Coast Recovery is Mr. John Felton who manages the facifity. The facility owners do not operate any other similar facility in the City of Newport Beach, and there are no known records of code violations related to the property or operators. Current Use of the Building. The residential care facility operates in a two-story building containing 7 individual residential dwelling units, which are utilized as follows: Current Uses at 12161Nest Balboa Boulevard Bedrooms Be" Room Beds/ Unit Lower Level Office Unit N/A N/A Res Unk 1 1 2 2 Res Unit 2 2 2 4 Upper Level Res Unit 3 2 2 4 Res Unit 4 1 2 2 Res Unit 5 2 2 4 Res Unit 6 1 2 2 Total Units = 7 includes office unit Total Bedrooms = 9 Total Beds =15 Although the facility has an ADP license to operate 29 resident beds, the applcant has applied for a Use Permit for an 18- resident bed facility which represents a reduction of NCR 00228 Newport Coast Recovery, LLC January 12, 2009 Page 5 38 percentfrom the licensed resident'beds: the facility may currently operate. However, staff is recommending. that the facility be. approved to operate with a maximum of 14 resident beds for reasons discussed in the analysis section of this report. Parking. The project. site contains slot off- street parking spaces - two of which are located in a carport area and four of which are located in a garage, however, the garage area is currently being used as a recreational room for residents of the facility. Use of the garage as a recreational room: is,a prohibited use Ali.garages must be available for parking. The NBMC parking requirement for residential group homes is one parking space per three beds:.: If the:faality's maximum .resident occupancy is reduced to 14 persons, the facility will have the capacity to provide adequate off - street parking to meet the - parking requirements of, the NBMC and accommodate parking for farrily:group counseling sessions on- site. Staffing.. The residential facility is staffed by eight employees. Five of these are frtil- time employees. The residential facility staff additional adverse.parking impacts and includes a cliniical.directori program director, case managers, therapists,. administrative office, staff, night managers, and night staff. Staff members do not reside on the premises. Client.Stays.::The typical:client stay is a 90-day residency divided, lnto three phases. During Phase 1, the first 30 days of client residency, clients are not.permitted to have their personal vehicles on -site and are not permitted to leave the facility independently. During: Phase: 2;: the: second 30 days of :residency, and Phase.3,-the final 30:days of :residency, orients are permitted to have their personal vehicles on-sates-and are .permitted: to leave. the facility independently. to attend off -site meetings or for recreational purposes. Curfew and Quiet Hours. The facility maintains a curfew hour for residents of 10:00 p.m. on weeknights and 11:00 p.m, on weekends. Facility regulations include mandatory quist.hours'on the premises between the hours of. 10:00 p.m. and 8:00 a.m., every day of the week. Quiet hours mean. that no sound is permitted to be audible beyond the perimeter of the facility except in an emergency. Staff recmnmends that the curfew hour on weekends be changed to 10:00 p.m., to be consistent with the mandatory quiet hours and has included a condition of approval requiring that operational rules of the facility be revised to reflect a 10:00 curfew hour every day of the week. Smoking. Smoking is restricted to a designated area bf the facility located within a courtyard which is enclosed on all sides by walls but is open to the sky. Smoking in any other areas of the facility or outside is prohibited. Treatment Services. Treatment services provided on -site include individual counseling, group counseling, educational sessions, family group sessions, and physical therapy. Family group counseling as part of the clients' treatment/recovery is conducted on NCR 00229 Newport Coast Recovery, LLC January 12, 2009 Page 6 weekends at the facility. Approximately three to four family members- attend a two -hour group educational session:at one time to.leam - about alcoholism and drug addiction. Family members park in either the on- site - carports.or in metered parking spaces on West Balboa Boulevard. Additional treatment services are provided off -site at the following locations in the:Cky:of Newport Beach: • The Newport Beach Alano Club located at 414 32nd Street; -• The medical offices of Dr. Rudolph :located at 901 Dover Drive,-Suite 404; and • The Amen Clinic krcated at 4019 Westerly Place, Suite 100. Transportation: A van owned = and operated by Newport Coast Recovery provides transportation for residents between the off -site service facilities and Newport Coed Recovery. Van routes and schedules are attached as Exhibit 4 and are described below. 1 On Tuesday, Saturday, and Sunday evenings between the hours of 7:00 p.m. and 8:30 p.m. van service is provided to an&from the Alano'Club` for weekly meetings. The van route follows Balboa Boulevard westerly from the facility, then north on Newport Boulevard to the Alano Club. The return route follows <NewporUBoulevard south from the Alano Club then east -on Bamoa Boulavardto ,the facility. 2. Approximately , one-to four.times a week, depending on appointment times, van service is provided during the day from the facility to mgdicat 6flims. The-van route follows Balboa Boulevard westerly, then north on Newport Boulevard; =then east on Dover Drive to the doctor's office. The return route follows Dover Drive west to Newport Boulevard, then south on Newport Boulevard, and then east on Balboa Boulevard to the facifity. 3. Van service is provided up to four times a month during the day to and from the Amen Clinic. Travel lanes vary depending upon appointment times. The -van route follows Balboa Boulevard westerly to Newport Boulevard, north a" Newport Boulevard, then east on Westerly Place to the Amen Clinic. The return route follows Westerly Place to Newport Boulevard, then south on Newport Boulevard, and east on Balboa Boulevard to the facility. 4. Van service is provided to a nearby supermarket on Sundays between the hours of 12:00 p.m. and 2:30 p.m. The van route follows West Balboa Boulevard to the Albertson's Supermarket located at 3100 West Balboa Boulevard and returns from the supermarket easterly along West Balboa Boulevard to the facility. 5. Van service is provided to the YMCA on Mondays, Wednesdays, and Fridays between the hours of 2:45 p.m. and 4:15 p.m. The van route follows West Balboa Boulevard to Newport Boulevard then north on Newport Boulevard, then NCR 00230 Newport Coast Recovery, LLC January 12, 2009 Page 7 east on University Drive to the YMCA. The return route follows University Drive west to Newport Boulevard, then south an Newport Boulevard to Balboa Boulevard, and then east on Balboa Boulevard to the facility. The project site is located within an established residential area with a variety of rental and owner pied properties consisting of two- and three -unit structures. In addition to the residential uses In the immediate vicinity, Newport Elementary School Is located on the south side of West Balboa Boulevard, between 13"' Street and 14th Street. Two church properties and a pre- school' are, also located In close proximity to the roperty site, with one church located on the south side of West Balboa Boulevard' at 15 Street, and the other church and pre-school located 'on the north side of West Balboa at 10 Street Facilities licensed to sell er serve alcohol located within three blocks of the project site include the American Legion Hall located at 215 1& Street and Fry s market located at 11515"' Street Other existing or pending residential group home facilities operating within the vicinity of the project site include: • Balboa Horizons Recovery Services (1132 West Balboa Boulevard). ADP4icertsed for eleven (11) residents. Received conditional use permit in December'2009. Ocean Recovery (1115 West Balboa Boulevard). ADP - licensed for 22 residents. Use permit application submitted. The application for a use 'pennit for Ocean Recovery is scheduled for a public hearing in January 2009_ • Ocean Recovery (1217 West Bay Avenue). An ADP license Is pending for this 06 and Under' Wrdy for women who are dually- diagnosed with eating disorders and alcohol or drug dependency. This facility is currently preliminarily exempt from City regulation per US District Court Judge James seines injunction of May 2008. Newport Coast Recovery Is the only residential care facility currently operating within the specific block which measures approximately 400 feet in length and is bounded by West ;Balboa Boulevard, I Street; I Street, and West Bay Avenue. Within a three block radius of the subject property, two residential care facilities have been either closed or are under abatement order. These facilities are located at 1129 West Balboa Boulevard and at 1219 West Balboa Boulevard. The locations of other operational residential care facilities, as well as facilities that have been closed or are under order of abatement within the immediate vicinity of the project site, are illustrated on the Location Maps, Exhibit 5. NCR 00231 Newport Coast Recovery, LLC January 12, 2009 Page 8 Staff believes, in light of I the fact that a six-bed facility located in the same; block will likely be approved and operating, that there is a potential that the block could.become institutionalized if the;.Newport Coast Recovery application for 18 resident beds is approved and that the residential character of the block should be maintained. As an alternative to the project proposal, staff recommends that the resident occupancy of Newport Coast Recovery be limited to 14 resident beds in order for the facility to be more consistent with the residential character of the neighborhood. This is equivalent to a ;typical .multi- family building occupancy of two persons per unit and represents a reduction of 50 percent in the facility's >permided number of beds. Within the-block occupied• by- Newport Coast ry Recove, a total. of .20 beds ;would: be in operation versus 35 beds :as :a result of the Newport Coast Recovery applicant amending their ADP 46 -anse. for the facility to reduce its licensed maximum occupancy from•29 -to 14 residents. Assuming :fhe.NewporGCoasf,Reoovery use permit app(ikaktion for 14 beds is approved;: the *4).ed:small residential care facility is issued a license to operate, and all the other above listed use permit applications for group home facilities are approved -for continuing operation, there would be a total of 53 residential care fact ty..beds within the area. containing the subject •property and - a,.ttt ree.bbdc radius surrounding the subject property. Establishing a maximum of 14 resident beds for the facility could serve to mitigate the potential for institutionalization of the 1200 block of West Balboa Boulevard. The, proposed reduction in. resident beds would, allow the facility to.comply with on -site parking :requirements for4he additional- vehicles:used by family members of residents attending the family group counseling sessions. In accordance , with Section 20:91A 060 of the NRMC, the Headrig ,officer, "I make certain findings before approving or conditionally approving an application for a -use Permit in a residential district The findings required in order to approve or conditionally approve the application are listed and discussed below. 7. Finding: That ,the proposed location of the use is In accord with the objectives of this code and the purposes of the district in which, the site is located. The subject property is located In an R -2 District and the proposed use as a residential pre facility is a nonconforming use. Nonconforrning uses in a residential district are subject to the provisions of Chapter 20.91A of the NRMC. The proposed use is in accord with the objectives and requirements of Chapter 20.91A because an application has been filed to secure approval of a use permit to continue the use of the subject property as a residential care facility In the R-2 District, pursuant to Chapter 20.91A of the NBMC. The intensity of the use with 14 residents is consistent wtth a typical residential population factor of two persons per dwelling unit in the R -2 District and the surrounding properties within the R -2 District, Newport Coast Recovery is the only residential care facility located within the block abutted by West Balboa Boulevard on the south, 11 Street on the west, le Street on the east, and West Bay Avenue on the north. NCR 00232 Newport Coast Recovery, LLC January 12, 2009 Page 9 The American Planning Association (APA) defines a suitable standard for such uses as being no more than one or such.uses.per block. The location of the Proposed use is consistent with this standard. 2. Finding: That the proposed location of the use -permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be. detrimental- to -dhe publieAealth, safety, peace, morals, comfort, -or welfare of •persons residing or:working in or adjacent to the neighborhood of such use; and will not be Aetrimental to the properties or Improvements -in the vicinity or-to the generat welfare.of the city. General Plan Policy LU 6.2.7 directs the City to regulate day care and residential care facilities to ;the. maximum extent allowed by. federal and state law so as to minimize impacts on residential neighbofioods. A use permit conditioned to regulate the use and operational characteristics of this facility is consistent with this policy. The continued use of the subject property as a residential care facility will be subjectto conditions of approval requiring: that the facility be operated in a manner that will ensure that the operation of the facility will not be detrimental to the public health. safety, peace; morals, comfort, or welfare . of. persons.,fesiding or working in or adjacent to the facility. The intensity of the use with 14 residents is consistent with a typical residential population factor ;of: two persons per: dwelling unit, in the: R -2 • District, land the surrounding properties within the R -2 District. Current operational standards and Proposed , operational standards to be. used by::the facirrty ,in the future will be Implemented through the adoption of conditions of approval:attached to this use permit action. As part of the approval of this use permit staff recommends a condition of approval requiring the applicant to amend their ADP license to reduce the maximum number of allowed, residents from 29 to 14. - 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which It would be located. The facility, as conditioned through the use permit, will comply with the operational standards of 20.91A.050 of the NBMC, as outlined in Finding No. 5 below. 4. Finding: If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use Is consistent with the purposes specified . in Chapter 20.91.A and conforms to all requirements of that Chapter. NCR.00233 Newport Coast Recovery, LLC January 12, 2009 Page 10 The.proposed use is a nonconforming use as specified in Chapter 20.91A of the NBMC and an application for a use permit for to continue the use has been filed by Newport Coast Recovery, the project applicant, consistent with the requirements of Chapter 20:91. Approval of Use Permit No. 2008-033 includes conditions .of.approval requiring the continued use of the subject property as a msidenfiai care facility .to be operated in a manner that will restrict the potential for-secondhand smoke impacts to neighboring properties; will ensure that contact =information for the facility is: available at all times, maximum resident occupancy ,of :the facility wig, be limited. to 14 residents equivalent to two persons per dwelling unit; the facility willoperate pursuant, to the terms of the license issued to the facility by ADP, other certifications, as appropriate will be obtained by the facility, and the names of all owners of the facility will be available to the City. 5. Finding: The use conforms to all applicable' provisions of Section ,20:91A. 050. Thew. development and operational standards are summarized as follows: a. No secondhand smoke can be detectable outside the property. b. Facility must comply with state • and local law, and the submitted management plan, including any modifications required by this Use Permit G. A contact name and number must be provided to the City d. No services requiring.a license can be provided if the facility does not have a license forthose services. e. There shall be no more than two persons per bedroom plus one additional resident, unless a greater occupancy is requested and granted. Occupancy must also comply with State licensing if applicable. f. If certification from an entity other than ADP's licensing program is available, applicants must get that certification. g. All individuals and entities involved in the facility's operation and ownership must be disclosed. h. No owner or manager shall have any demonstrated pattern of operating similar facilities in violation of the law. The use conforms to the standards set forth in Section 20.91AA50, as follows. NCR 00234 Newport Coast Recovery, LLC January 12, 2009 Page 11 a. The facility s current operational regulations restrict smoking to designated areas within a courtyard area of the facility. The courtyard area is enclosed on all sides by walls but is open to the sky. Smoking outdoors is prohibited. The applicant has agreed to control secondhand smoke on the Property by continuing to enforce this regulation and as a condition of approval of this use permit. b. The operations of this facility are in compliance with the State ADP license, and as conditioned, the facility will comply with the management practices approved with this application on file with the City. The applicant is required to obtain an amended State ADP license' to allow a maximum of 14 residents (or other number as determined by the Hearing Officer). Within 60 days of the Issuance of a use permit, the applicant will confirm, In writing and with such information presented to the City, that the counseling of familial members not in residence at 1216 West Balboa Boulevard is acceptable under the terms of the current ADP License and any future ADP License. c. Appropriate names and contact information numbers are provided within the application and, as a condition of approval of this application, the appropriate `after hours" names and contact information numbers will be provided to the City. d: The operation plan for the' facility provides that only those services Permitted by the facility's ADP license are performed within the facility. e. The facility is licensed for a maximum occupancy of 29 residents. The facility contains nine bedrooms currently occupied by two persons per bedroom for a total of, 18 residents. As a condition of approval, the applicant is required to obtain an amended ADP license establishing a maximum resident occupancy in treatment of 14 persons, the equivalent of two persons per dwelling unit. Residents may be housed within six residential dwelling units with no more than two beds per bedroom in each dwelling unit of the facility designated for residents' use. This occupancy is consistent with the residential occupancy design of the building and the occupancy standards of NBMC Section 20.91A.050. f. As a condition of approval of this use permit, the applicant will consider the merits of additional certification available to it, including but not limited to an Orange County Adult Alcohol and Drug Sober Living certification. In the event. that the applicant deems such certification inapplicable to this treatment use, the applicant shall prepare a letter so stating these facts and submit the letter to the City within 60 days of the issuance of a use permit NCR 00235 Newport Coast Recovery, LLC January 12, 2009 Page 12 g. All.employees. and. management personnel have been disclosed in the application documentation. h. According to information provided in the application documentation the owners and managers of the facility do not own or operate any other similar facility in the City of Newport Beach or in the.State of California, and there Is no known record of code violations. The facility's State of California ADP license is in good standing and is valid until January 31, 2010. 6. Finding; The project includes sufficient on -she parldng for the use, and traffic and transportation Impacts have been mitigated to a level of irutignificance. The -NBMC requires off- street parking and loading spaces -for a residential care Witty at a ratio of one space for every three beds. The facility.provides a total of soc parking spaces for 14 beds, and . therefore, would . meet the NBMC requirements for off -street parking for 14 beds and would accommodate. parking .for family counseling sessions as noted below.. As a condidon..of approval, the applicant is required to make available and maintain all areas designed for parking, including, the existing four -car garage, for parking: purposes. Residents completing their first phase of treatment, which includes 30. days of residency, are not allowed to have personal vehicles. Clients completing their second and third phase of treatment, which includes an. additional 30 to 60 days of residency. -are permitted, have their personal vehicles at the facility. As part of the approval of this use permit staff recommends a condition of approval that (1) requires the purchase of one master parking permit from ;the.City to use. for. on -sbeet parking by, each client who .is permitted to drive his personal vehicle to and from the facilty; and (2) restrids.to a maximum of three the number of clients who reside at 1216 West Balboa who are.permitted to have personal vehicles. Visitors may park on theportions of West.Balboa Boulevard where parking is located adjacent to both the sidewalk and the center median. A facility van provides transportation for the residents on a weeklyschedule dispersed within the day and among the days of the week so that van transportation is not concentrated during peak traffic times. Van loading and unloading is conducted in front of the facility along Balboa Boulevard. As part of the approval of this use permit staff recommends a condition of approval that restricts loading and unloading of van passengers to be conducted within open parking spaces along Balboa Boulevard, and van drivers will be prohibited from stopping or double parking in a traffic lane. Staff is concerned about on- street parking associated with Newport Coast Recovery's regular family counseling sessions on weekends. Familial counseling for non - residents, while arguably an important part of the recovery of resident NCR 00236 Newport Coast Recovery, LLC January 12, 2009 Page 13 clients, can significantly impact on- street parking during busy weekends on the Balboa. Peninsula. To reduce these impacts, staff proposes a condition that reduces the facility's maximum penT&ed resident beds from 29 to 14, and limits familial counseling. on -site where on- street parking is utilized to Sundays between A00 a.m. and 12:Noon. In the event that the applicant seeks familial counseling during other times of day, the applicant must either provide on -site parking in a manner that does not result in the placement of resident cars on the street in order to accommodate non- resident use of the carport or garage, or shuttle non - resident family members to the locatlonby van 1rom a location off of the Balboa Peninsula. 7. Finding:.The property and existing structures are physically suited to ...accommodate the use. The building 4s. similar to many other residential structures along West Balboa. Boulevard constructed on wparcel that measures approximately 62 feet wide by 100 feet.deep. The building was constructed In 1949 when the subject property was zoned° R 3. The property was later rezoned to an R -2 District in 1989 along with other; properties in the area. As a result, the structure is nonconforming structure: permitted = to continue subject to the provisions of : Chapter 20.62, 'Nonconforming: Structures and Uses,' of the NOW. The City' of :Newport Beach Fire Department is the responsible agency for implementing fire protection of all residential care facilities an& residences. The subject: property has anapproved fire clearance from the City of Newport Beach .Fire: Department dated June 6; 2004, for a maximum occupancy of 29 residents, as: well, as staff. Separate from the use permit process, the applicant may be required to conduct an architectural code analysis of the facility to determine if the facility complies with current Building Codes for this occupancy type, or the Building Codes existing at the time the facility was initially issued a "fire clearance.' 8. Finding: The use will be compatible with the character of the surrounding neighborhood, and.the addition or continued maintenance of the use will not contribute to changing the residential character of the neighborhood, such as creating an overconcentration of residential care uses in the vicinity of the proposed use. In making this finding or sustaining such a finding, the Hearing Officer shall consider, as appropriate, the following factors: a. The proximity of the use location to schools, parks, other residential care facilities, outlets for alcoholic beverages and any other uses which could be affected by or affect the operation of the subject use; NCR 00237 Newport Coast Recovery, LLC January 12, 2009 Page 14 b. The existence of substandard physical characteristics ofthe area in which the use is located such as lot widths, setbacks; narrow streets, limited . ,available ;parking, short blocks, and other substandard characteristics which are pervasive in certain areas of the City of .Newport:Beach, including portions.of West Newport, Lido Isle, Zolboa Peninsula, Balboa Island, Corona del Mar and Newport Heights, which portions were, depicted on a map referred to as the Nonstandard Subdivision Area presented to •the Newport. Beach Planning Commission; on September 20, 2007 and on file with the Director of Planning; and C. Whether, -in -light of the:factom applied in subsections 20:81A:D.1 and D.2, it would be appropriate to apply, the American Planning Association standard of permitting one or two such uses per block. Median. block. lengths in different areas : of Newport Beach widely range from 30,O. feetAn the Nonstandard :Subdivision Areas to as much as 1,422 feet in standard subdivision areas. The average calculable block length in much of the standard subdivision areas Is 711 feet and the calculable median block length Is 6.17 feet The Hearing _Officer shall apply the American Planning Association standard in all .areas of Newport Beach. in: a. manner that eliminates the differences In block lengths. In making this determination, the ,hearing -officer shall be.guided by average or median block lengths in standard subdivisions =of the City. The: Hearing Officer shall retain. the discretion to apply any degree of separation of uses, which he or she .deems appropriate in any given case. A copy of the American =Planning •Association standard Is on file. with the Director of Planning. The project site Is located within an established residential. area with a variety of rental and owner- occupied properties consisting of two -and three -unit structures. In addition to the residential uses in the immediate vicinity, Newport. Elementary School is located across Balboa Boulevard from this facility, approximately 300 feet away between 136 Street and 140' Street The City has not received any complaints from representatives of Newport Elementary School or the Newport- Mesa Unified School District regarding the proximity of the facility to the school during the period that the facility has been operated by Newport Coast Recovery. Facilities licensed to sell or serve alcohol located within three blocks of the Project site include the American Legion Hall, located at 215 le Street and Fry's market, located at 11515'" Street Newport Coast Recovery is the only residential rare facility currently operating within the block which measures approximately 400 feet in length and is hounded by West Balboa Boulevard, 12th Street, 13t' Street, and West Bay Avenue. As previously discussed, Ocean Recovery has proposed a sic -bed facility located NCR 00238 Newport Coast Recovery, LLC January 12, 2009 Page 15 approximately 30 feet from the Newport Coast Recovery facility. The six -bed facility is proposed for 1217 West Bay Avenue and would became operable following approval of an ADP license. Because of a May 2008 preliminary injunction issued by U.S. District Court Judge James' Selna,. the Ocean Recovery six -bed facility is currently exempt from the City's implementation of Ordinance No. 2008 -05. Ordinance No. 2008 -05 included a provision that 'integral facilities' (when one facility operator regulates more than one small ADP licensed facility as an integrated network) are subject to Ordinance No. 2008 -05, however, Judge Seim enjoined the City from enforcing this provision of the ordinance. Ordinance No. 2008 -05 provides that the proximity of other group residential uses within the vicinity of the project application be evaluated and provides that the APA standard may be used in the evaluation. The evaluation may take into account the actual presence of a facility I& the one planned for 1217 West Bay Avenue, however, the provisions of- Ordinance No. 2008 -05 are not interpreted to allow the Hearing Officer to deny a proposed group residential use permit application based on an expectation that a future-ADP licensed, "Six and Under; resident facility Is pending approval nearby. In addition to the Newport Coast Recovery facility, there are two other residential :.care facility uses located within a three -block radius of the subject property. A use permit application.was approved December 8, 2008,'for Balboa Horizons, an 11 -bed licensed treatment home located at 1132 West Balboa Boulevard. A use permit for Ocean Recovery's 22 4bed licensed: residential cafe facility located at 1115 West Balboa Boulevard is under review and pending a''public hearing. Within the bkx* occupied by Newport Coast Recovery a total of 20 beds could be in operation if the six -bed Ocean Recovery facility is opened at 1217 West Bay Avenue and the proposed Newport Coast Recovery application for 14 beds is approved, versus a total of 35 beds if Newport Coast Recovery were to be approved with its current ADP licensed 29 beds. Given the potential for a `Six and Under" resident facility to be operating within the same block as Newport Coast Recovery, it is reasonable to limit the maximum number of resident beds at the facility to 14 In order for the facility to be more compatible with the residential character of the neighborhood. A maximum of 14 beds is equivalent to a residential occupancy for the facility of two persons per dwelling unit which is consistent with population intensity for a property within an R -2 District. Staff believes it is reasonable to limit the facility's resident beds to 14 in order to avoid the potential for the institutionalization of this specific block of West Balboa Boulevard, in fight of the fact that the nearby six -bed facility will likely be approved and operable and to avoid additional adverse parking impacts. The excellent physical condition of the subject property and its current and conditioned operational characteristics and standards contribute to making the facility a compatible use with the surrounding neighborhood. NCR 00239 Newport Coast Recovery, LLC January 12, 2009 Page 16 9. Finding: The operation of buses and vans to transport residents to and from off -site activities . does not •generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding area. A facility van provides transportation for the residents .(and possibly to non- resident family members, 9 such a condition is approved);on a.weekly schedule dispersed .within the. day and. among the days of the week soz that van transportation is not concentrated during peak traffic times. Van loading and unkoading is at the West Balboa Boulevard, frontage. that is. less congested than the narrower alley access at the rear of the building. A condition of approval Is Included .requiring the loading and unloading of the transportation van passengers to occur only , in :,open parking. spaces on West.Balboa Boulevard, and. prohi'bit'ing the van driversfroin stopping.or double- parking in a. traffic lane. 10. Finding: Arrangements for. delivery .of goods are made within the hours that ere compatible with and will not adversely affect ew peace and quiet of neighboring properties. Business products and other packages and goods are delivere&to the facility's business office located off4ite. From this location, goons are delivered:: by staff members to the facility: during weekdays between the hours. of 9:00 a.mt to 5:00 p.m. These days and Noun: for deliveries are consistent:with normal working hours, and as such are compatible with and will not adversely affect the peace and quiet of neighboring properties. 11. Finding: Arrangements for commercial trash collection in excess of usual residential collection are made within hours that are compatible with and Will not adversely affect the peat and quiet of neighboring properties. The applicant contracts with a commercial waste: management company which collects bash twice a week on weekdays between the hours of 9:00 a.m. and 5:00 p.m. The hours of trash collection are within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. Summary The Newport Coast Recovery facility, as conditioned, will adhere to the development and operational standards as established in Title 20, Section 20.91AA -F, of the Municipal Code, as outlined above. In addition, the findings required under Section 20.91A.060 of the NBMC can be made and are supported by the facts outlined above. Appropriate conditions of approval have been recommended as described in the draft conditions of approval, Exhibit 1, which include limiting the facility's maximum number of NCR 00240 Newport Coast Recovery, LLC January 12, 2008 Page 17 permitted resident treatment beds to 14, incorporating specific operational standards for the facility, and providing for an on -going review of facility compliance review in the future. As part of the approval of this use permit, staff recommends a condition of approval that the operations of the facility be reviewed within sox months of the date of approval of this use permit, and then annually thereafter to identify whether the facility is complying with the conditions of approval of the use permit At any time of review by the City, the use-permit maybe amended, or upon a finding of failure to comply with the conditions of approval, may be revoked. The City may also revoke, modify; for "amend this use permit if it determines the conditions under which this facir* is tieing operated or maintained are detrimental to the public health, safety, peace, morals, comfort, or general welfare of the community, or if the facility is materially Injurious to property or improvements in the vicinity, or if the facility is operated or mairitoined so as to constitute a public nuisance. Alteratives... . As an alternative to the staff recommendation, the Hearing Office [nay either. 1. Direct staff to prepare a resolution denying the use permit application based on an inability to make the required findings; or 2. Direct staff to prepare a resolution to approve the use permit application subject to amended or modified conditions of approval. Environmental Review 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 16061(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. Public Nom Notice of this hearing was published in the Daily Pilot, mailed to property owners and occupants within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the Rem appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. NCR 00241 Newport Coast Recovery, LLC January 12, 2009 Page 18 Prepared by: Submitted by: nn. Oa IGff Consul ing Planner Assistant City Manager EXHIBIT8 . 1. Draft Conditions of Approval 2. December 8, 2008 Staff Report Including Initial Application Submittal Items 3. Complete Project Application 4. Location.Map 5. Van Transportation Routes NCR 00242 Exhibit NO. I Draft Conditions of Approval NCR 00243 EXHIBIT "1 DRAFT CONDITIONS OF APPROVAL USE PERMIT NO.2008-033 NEWPORT COAST RECOVERY SERVICES, LP Governmental Referrals. The operator of Newport Coast Recovery, LP, hereinafter referred to as `Operator," shall not provide any services to any client or house any client who has been referred or caused to be referred to Newport Coast Recovery's facility by any governmental agency, including but not limited to probationers or parolees, due to the limitations that Section 509.9 of the California Bdilding Code places on Group I and R occupancies. 2. Medical Waste. Arry and all medical waste generated through the operation of the facility shall be disposed of in accordance with the City of Newport Beach's Municipal Code; all other laws and best industry standards and practices. 3. Tragn _& Trash. Enclosures. Operator;shafl comply with City code provisions pertaining to ttash:endosures, and if directed by the Planning Director, shall secure and maintain commercial bin service at the subject property. 4. Smoking and Tobacco Products. Operator shall contain secondhand smoke generated by patients, clients, customers and staff by designating and maintaining a smoking area that is interior to the facility located in a courtyard area surrounded on all sides by walls and open to the sky. In addition, Operator will not allow clients, staff, or residents to litter cigarette butts on the ground. floor, deck, sidewalk, gutter, boardwalk or street. Operator's administrators and managers shall actively enforce, on the City's behalf, the City's prohibition on clients' tobacco use on beaches, boardwalks, and piers (NBMC §11.08.080), including when Operator's clients are at °AA" meetings. 5. Off- Street Parking, and Loading and Unloading. Operator shall provide six off - street parking spaces for the use of the facility's staff, visitors and residents at all times. Operator shalt ensure that the parking spaces located on -site shall remain open and dear of any and all obstructions at all times, and used for parking or deliveries. Loading and unloading of passengers of the facility's transportation van shall occur only in open parking spaces on West Balboa Boulevard. The van driver is strictly prohibited from stopping or double- parking in a traffic lane to load and unload passengers. In addition: Client drivers shall respect all City rules regarding parking and/or stopping and waiting to load residents. Client transport vehicles shall not block adjacent alleys or street ends. NCR 00244 Client drivers shall not leave vehicles in reverse gear if reverse has an audible back-up warning sound. • Client drivers shall speak to residents at a level protective of neighborhood peace, cognizant of the hour, to avoid waking neighbors. .6. Hotline. Operator shall establish, provide public notice of and operate a hotline for receiving inquiries and/or complaints in reference to its operation of its facility. The phone number need not be staffed 24 hours a day seven days a week, but callers should be responded to within 24 -hours of their cal. Quiet Hours.. Operator: shall apply the Quiet Hours of 10:00 p.m. to 8:00 a.m. dally to the facility. During.these Quiet Hours. all residents will be inside except during emergencies. Quiet means no sound is audible beyond the perimeter of the facility except in a demonstrable emergency. S. Curfew. Operator shall amend the rules of operation changing the curfew hour for, the facility from..11:00 p.m, to 10 :00 p.m. on weekends and shall provide evidence of such change to the City. The Operator shall enforce a curfew of 10:00 p.m. daily for the facility. 9. Route Plans. Operator shall adhere to the Route Plans for transport of its staff, residents, Clients, and customers that are included in the Operation and Management Plan. Short-term interruptions; such as= medical emergencies or street maintenance, which are beyond Operator's: control, are allowable modifications to the Route Plans, 10. Deliveries. Any deliveries to the facility shall orrty be made between 6:00 a.m. and 5:00 p.m. on weekdays and not at all on Saturdays or Sundays, unless urgently necessary. In addition, delivery vehicles may not block the alley. 11. Stakeholder Group. Upon invitation by the City, Operator 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. 12. Facility Beds, Persons per Bedroom. The Operator shall not allow more than 14 clients to be housed at this facility at any one time. At no time shall the Operator house more than two clients in any bedroom of the facility. 13. State Licensing, Treatment, and Occupancy (if licensed). The Operator shall amend the facility s existing State ADP License Number 300156AP, which expires on January 1, 2010, to reduce the maximum permitted Treatment/Recovery Capacity for residents, from 29 to 14. All occupancies at the subject property shall comply with the State ADP License Number 30D156AP, as amended, which expires on January 1, 2010, and any successor license offering the same treatment services. Operator shall maintain ADP licensing throughout the duration of this use permit. NCR 00245 14. Family Counseling. In the event that Operator - provides counseling or educational sessions to family members of persons .housed at the facility, all of - the.following conditions- apply:. . A. The counseling or educational sessions shall be expressly authorized within the facility's ADP license; B. In no case shall the.facility - provide counseling or educational sessions to persons who do not have wrelative receiving in- patient treatment at the facility. C. Family counseling or educational sessions requiring the use or on-street parting shall only be, conducted at the facility on Sundays between 9:00 a.m. and 12:00 noon. D. Family counseling. or educational sessions conducted on weekends at times other than Sundays between -the hours of 9:00 a.m. and 12:00 -noon shall be provided on4te parking at the facility or shuttle services between the facility and a location off of the Balboa Peninsula. 14. Building and Zoning. Operator recognizes that subject property has sperAc setbacks from the side yards, front yard, and/or backyard per the City's Budding and Zoning Codes. Operator will keep these setbacks dear of obstruction, including building obstruction. The orderly.storage of trash cans is acceptable to setbacks. 15. . - .Staffing. Operator will have enough staff to appropriately and responsibly manage the facility,:.and shall limit the staff to no moreAhan °five staff members on -site at any one time, =so as..to avoid overwhelming the`fadidyrs neighborhood with cars, shuttles, trash cans, or other aspects of :a high-staff, cornm6rcial use in a residential neighborhood. 16. Nuisances. The subject property.. shall not be unsafe, unsightly or poorly maintained. If Operator receives a nuisance. violation from the City in regards to any of these issues, Operator shall correct the violation within seven days or contact the City directly to negotiate a mutually- agreeable timeline. 17. Profanity and Lewd Behavior. Operator shall not tolerate lewd behavior, lewd speech, or profanity at the subject property. Profanity expressed at a level heard by neighboring residents may result in an administrative citation issued by the City upon the property owner and operator. 18. Noise. Operator shall strictly adhere to the City's noise standards (NBMC §10.26.025; 10.26.030). Operator shall be responsible for minimizing dapping, stomping, or other noises at meetings or gatherings at the subject property, consistent with NBMC §1026.030. 19. Beaches and Other Common Gathering Areas. Operator's use of the beaches for meetings, prayer, conversation, or other gatherings shall show due respect to non - resident visitors, residents, and other beaclgoers, thus allowing them to take full enjoyment of the beach. Operator shall not conduct business on the beach (per NBMC §10.08.030). NCR 00246 20. Services to Facility's'Cfients or Residents. Operator will use industry's best Practices to ensure that the facility's clients or residents stay in recovery (including scheduled substance testing, random substance testing, and required counseling). '-Operator shall ensure that any 'dient or resident removed from Operator's program or facility has the resources necessary to return home. 21. Federal, State and Local Laws. Operator shall comply with all federal, state, and local laws. The issuance of this use permit shall not constitute a waiver of the requirements of any - federal; state or local law, including the requirements of the California Building Code. 22. On- Street.Parking. Clients and staff of the Newport Coast Recovery facility are prohibited from parking. on pUblic streets. in Newport Beach, except for three on- street <spaoes, utilized following notification to the City from Newport Coast .Recovery and following the purchase of three master parking permits by the Operatorfrom the Cityfor such parking; 23. Grant,of Use Permit Use Permit No. 2008 -033 is granted to Newport Coast Recovery, LP to operate an adult alcohol and/or drug abuse recovery treatment facility for males only; and all clients of the facility shag be classified as disabled, as;ihat term is defined by Federal and State fair housing laws. The Operator shall execute an affidavit declaring that all clients receiving services from this Facility are disabled. persons. 24. Compliance with Conditions of Approval. Any changes in operational characteristics, including but riot limited to the following, shall require an amendment to this use permit or issuance of a new use permit: a. Modification, expiration without renewal, or loss of ADP license. b. Increase in number of resident clients. c. Increase in on -site staffing. d. Increase in physical capacity of facility including number of beds, number of bedrooms, floor area of facility, etc. e. Change in the Operation and Management Plan. f. Request for amendment to any condition or conditions of approval. g. Change in property ownership in a manner that causes the majority of the Property to be owned by a person or entity not identified in the Use Permit or its application. h. Alteration and/or loss of approved on -site parking. NCR 00247 I. Upon determination by the City's Planning Director, a change in facility management, a change in facility ownership, or a change; in the population served by this facility. . J. Any. other. material ,change in the operational characteristics that is not in substantial conformance with the Operation and Management Plan upon determination by the City's Planning Director. 25. Review, Additions. or .Modifications to Conditions of ..Approval, or Revocation of We Perrmit:; This use permit shall be reviewed by.the Gity within six months from the date of final approval and may be reviewed: every 12 months thereafter from the date of the first review to evaluate the operations and management of the faclity.-, As ,part of this. review, the: use permit shalt, be referred to the Hearin g, Officer or City Council -who may. add or modify, conditions of approval -to this use permit, or evoke this use :perm t upon,a finding, of failure to comply with the;eonditions set. forth. The City Council may also revoke, modify, or amend this use permit if It determines the conditions under which this facility is being operated or maintained are detrimental to the public health, safety, peace moral, comfort, or general welfare of the community, or if the fadli,ty is materiatty injurious to property or improvements: in the:vidnity; or if the facility, is, operated or maintained so as to constitute: a public nuisance. in any proceeding to revoke this use permit, the cumulative effect of violation ;of two or more conditions shall be considered. NCR 00248 Exhibit No. 2 December 8, 2008, Staff Report NCR 00249 CITY OF NEWPORT BEACH PLANNING DEPARTMENT STAFF REPORT December 8, 2008 Agenda Item 1 TO: , Thomas W. Alien, Hearing Officer SUBJECT: Newport Coast Recovery, LLC 1216 W. Balboa Boulevard • Use Permit, UP 2008 -033 (PA2008 -104) APPLICANT: Newport Coa4 Recovery, LLC CONTACT: Janet Johnson Brown, Associate Planner jbrownAcity riewoort- beach ca us (949) 644 -3236 PROJECT SUMMARY An application for approval of a use permit to allow a residential care facility to operate an adult alcohol and/or drug abuse recovery and treatment facility for males only. This application has been filed in accordance with Ordinance No. 2008 -05, which was adopted by the City Council in January 2008. RECOMMENDATION Staff recommends that the Hearing Officer conduct a public hearing, receive testimony from the applicant, the City of Newport Beach and its legal counsel, and members of the public. At the conclusion of the public heating, staff recommends the Hearing Officer continue 'he public hearing on Use Permit 2008 -033 to a date certain and direct the applicant to submit all required application materials to the City no later than 21 days prior to the scheduled heating date. NCR 00250 Newport Coast Recovery, LLC December 8, 2008 Page 2 VICINITY MAP t + N 7 a GENERAL PLAN . ZONING /� /EJ� /{j�a� E Fj LOCATION GENERAL PLAN ZONING CURRENT USE ON41TE RT Two -Unit Residentiai R -2, Two-Family Residential Residential Care Facility NORTH RT Two -Unit Residential R -2, Two-Family Residential Residential use SOUTH RT Two Unit Residential R -2, Two -Fami Residential Residential use EAST RT, Two Unit Residential. R -2, Two-Famfly Residential Residentfaf use WEST RT, Two -Unit ResrdenBal R -2, Twa -Famfly Residential Residential use NCR 00251 4-21. Newport Coast Recovery, LLC December 8, 2008 Page 3 BACKGROUND Ordinance 2008-05 In response to a rapidly increasing. concentration of Group Resider tial .Upes Obiri the City and the negative secondary impacts these uses* 0,01 illy can have-.on residential neighborhoods in, which they, are - located, the City Councif adopted drdinance' 21J6"6 In January 2008; 'The ordinance: rdentifles the folk�wirig'ativerse 'impacts, that•.typfcally accompany: this type of use: • Changes in. the residential character.of the neighborhood • `Noise.: �,_ � ; Seoondhand smoke • Profanity and lewd speech • Traffic congestion • Faceessive trash: produced • 'Excessive debris on surrounding sidewalks The ordinance is intended to protect the integift of the Crtys rgsftfent�ai .a i3as. The fundamental precept of the Cit !ls Zoning Code relative . to -losi (enbai zones is:. that Individual: dwelling units are intended, for the occupancy and use of single hvijsekeeping units. By adopting the ordinance, the Cltychanged-the way a re gulates residential')SOS that are not single housekeeping units. Group living arrangements °`sucri. as boarding houses, rooming houses, dormitories, fraternities and sororities, and other non - single housekeeping units were found to be incompatible with the nature and character of the City's residential districts. Residential care facilities such as sober living homes and licensed recovery facilities are not defined in the Newport Beach Munldpal Code ( "NBMC ") as group residential uses and are potentially permitted In the City's residentially zoned areas. The ordinance prohibits any new residential care facility that is not a single housekeeping unit from being located in the R -1, R -1.5 and R -2 Districts, and exempts only facilities that are licensed by the State of Cafifornws Department of Alcohol and Drug Programs ( °ADP ") for six or fewer residents which are not operated Integrally with other facilities. Any proposed new facility that is not licensed by ADP for sic or fewer residents and Is not a single housekeeping unit must first obtain a use permit and can only be located in a Multi -Family Residential ("MFR") District. Some existing group residential care facilities in the City became non- conforming uses after February 20, 2008, because they were not single housekeeping units and did not have use permits. All existing non - conforming group residential pare facilities became subject to the ordinance's use permit process and were required to apply for a use permit by May 22, 2008, to continue operation. NCR 00252 3 Newport Coast Recovery, LLC December 8, 2008 Page 4 Under the ordinance, Newport Coast Recovery, LLC became a nonconforming use. On May - -20, 2008, Newport Coast Recovery, LLC submitted a use permit application to continue the operation of the existing residential care facility located at 1216 West Balboa :Boulevard consistent with the requirements of Chapter 20.91 of the NBMC. A copy of the Newport Coast Recovery application as submitted is attached as ExNbd 1. 1216 West Balboa Boulevg_rd The existing structure is a seven (7) unit apartment building that was constructed in 1949, when the subject property was zoned R -3. The property was reclassified from R- 3 to;R -2. in 1989 (Ordinance 89-24) along with other properties in this area. As `a result, the :subject structure is a nonconforming structure; which may continued subject to the provisions of Chapter 20.62 (Nonconforming Structures and -Uses) of the NBMC. DISCUSSION a - The project site is located adjacent to and on the north side ,of West Balboa Boulevard between 12th Street and 1r'Street, on ,the Balboa Peninsula. Balboa Boulevard Provides primary access to the project site with secondary access' provided from a rear public alley that also intersects with 120' Street and I Street As stated above, the project site is developed with an existing seven (7) unit residential .apartment structure. The project site is located within an established residential area, with .a -variety of- rentatand owner-occupled properdes consisting of two and three unit structures. In addition to the residential uses in the immediate vicinity, Newport Elementary School is located on the south side of West Balboa Boulevard, between 13"' Street and 14"' Street. Two church properties and a pre- school are also located in close proxtrWdy to the Foperty site, with one church located on the south side of West Balboa Boulevard at 15 Street; and the other church and pre- school located on the north side of West Balboa at 14"' Street. Protect Description The proposed project is a request for approval of a Group Residential Use Permit to allow the operation of an existing residential care facility. The facility is operated by Newport Coast Recovery, LLC, and is licensed by the State of CaDfomWs Department of Alcohol and Drug Programs (ADP) to operate and maintain an adult residential alcohol and/or drug abuse/recovery or treatment factlity for total occupancy of 29 persons. I:[d7IT�Y44? Newport Coast Recovery, LLC December 8, 2008 Page 5 Status of A lication The Grorip Residential Use: Permit application submitted by Newport Coast Recovery, LLC,was incomplete. at the time the public tearing was scheduled and this report was prepared. The . use of; the prow site is subject -to abatement on February 20, 2009, pursuant to Ordinanoe:2008.05. By scheduling the application for a public hearing, the City was not deeming the application complete. The Intent of scheduling this: hearing is to provide the applicant with an opportunity to obtain approval of a use permit prior to February 20, 2009. Since acheduling.the public.hearing, the applicant has made an effort to provide some of the: required materials in support ihe_application fora use permit: Following in segwettial. order are stafrs efforts to communicate .with the applicant.and process-the application In order to deem it complete and schedule it for a public hearing. On June 16, 2008, a "Notice of Incomplete Application" was sent to the applicant describing the materials required by the City in order for the application to be deemed complete and scheduled fora public hearing (Exhibit 2). On August 4, 2008, the City sent a ;follow up letter (Exhibit 3) to the applicant informing the'a00Iic6rit that faiiure;to obtain ..a use permit. for the group residential use-of the property would render the use. non - conforming and subject to abatement by February 20, 2009. The letter also requested the required application materials . described in the June 16, 2008, ?Notice of Incomplete, Application" be submitted;by September:Z 2008. In response to this letter,: staff received a. telephone call, from a representative of the appliparit in which the caller requested an extension of time. The caller was directed to Submit a written request to tha City, but the City never received a written confirmation of the request for a time extension.. On October 23, 2008, staff contacted the applicants representative by telephone regarding the status of the application and the anticipated schedule for submittal of the requested application materials. At that time the applicants representative stated the required application filing fee would be submitted by the end of October 2008, and the remaining materials would be submitted by the first week of December 2008. Staff prepared an email correspondence to the applicants representative summarizing the October 23, 2008, telephone conversation (Exhibit 4); however, staff did not receive a response to this correspondence. On November 14, 2008, the applicant submitted the required application fee, and on November 26, 2008, the- applicant submitted a portion of the required application materials In response to the 'Notice of Incomplete Application" dated June 16, 2008. The additional materials received by the City from the applicant are included as Exhibit 5. NCR 00254 S Newport Coast Recovery, LLC December 8, 2008 Page 6 After reviewing the materials submitted, staff has determined that the application is still incomplete and that the following materials, as requested in the June 16, 2008, °Notice of Incomplete AppllcatiW remain to be submitted in order for staff to deem the application complete: 1. A signed affidavit from the property owner authorizing the submittal of the appkation for a Group Residential Use Permit. 2. A site plan that shows the faciliVs building footprint and property tines, property lines and building footprints on the parcels` immediately adjacent to the subject property including rotes as to the existing use on adjacent parcels. 3. A copy of a Preliminary Title Report that is less than 60 days old that identifles the legal description of the property. 4. The approximate times of departure and return of travel destinations indicated on the route maps submitted indicating the transit and travel routes that will be used to transport clients off -site. 5. A building diagram and floor plan of all rooms intended for residents' use identifying the number of residents per bedroom and the location and the number of Beds for all residents, including the location of beds for infants and other ran - ambulatory Persons. Any rooms identified as bedrooms must comply with the definition of a bedroom pursuant to NBMC Section 20.03.030. and must be consistent with Permitted floor plans on file with the City of Newport Beach`Building Department. 6. A statement as to whether or not the facility disposes of medical and/or bio waste and, N so, a plan for disposal of these materials. The Group Residential Use Permit Application also requires the submittal of a fire clearance from the Newport Beach Fire Marshal. In this case, the applicant provided a COPY of the State ADP Form 850 dated January 6, 2004. Independent of the use permit application requirements, the Newport Beach Fire Marshal sent letters (Exhibit 6) to operators of residential care facilities with seven (7) or more clients in a single building in early ant'. mid 2008. The Fire Marshal requested a comprehensive code analysis be prepared and submitted for the review of the facility, in relation to Building and Fire Code Provisions applicable to the Group R4 Occupancy Classification (Group homes, frcensed or unlicensed, providing treatment and/or recovery for more than 6 clients in a Building). To date, the applicant has not provided the Fire Marshal with the requested code analysis. Therefore, the Fire Marshal is unable to confirm that the structure is physically suited for the use. NCR 00255 Newport Coast Recovery, LLC December 8, 2008 Page 7 AnaW s The application for Use Permit 2008 -033 is incomplete at this time,. and for this. reason, staff is unable to prepare an analysis of the project proposal. The. items remaining to be I submitted are standard submittal requirements of. a use permit application. The project j background and status of the application are presented to the Hearing ,Officer In the j event the Hearing Off determines that action on the application is appropriate at this time. The Hearing Officer.is designated to approve,. conditionally approve or disapprove the application. In order to approve or-conditionally approve theApplication, the Hearing Officer must make the following findings: 1- That the proposed location of the use Is In accord with the objectives of this code and the purposes of the district in which the site is located. 2.. 'That the.-proposed location of the use permit and the proposed. conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing. or working in.oradjacentto.the neighborhood of,such use; and will not be detrimental to the properties or improvements in the vlcinity-or to the general welfare of the city. 3. .That the proposed use will comply with the provisions of this code, including any specific.condition required for the proposed use in the district in which it would be located. 4. The use conforms to all applicable provisions of Section 20.91A.050. These development and operational- standards are summarized as follows: a. No secondhand smoke can be detectable outside the property. b. Operations must comply with state and local law, the submitted management plan, including any modifications required by this Use Permit. C. A contact name and number be provided. d. No services requiring a license can be provided 9 the facility does not have a license for those services. e. There shall be no more than 2 persons per bedroom plus one additional resident, unless a greater occupancy is requested and granted. Occupancy must also comply with State licensing if applicable. NCR 00256 7 Newport Coast Recovery, LLC December 8, 2008 Page 0 If certification from an entity other than ADP's licensing program is available, applicants must get that certification. g. All individuals and entities involved in the facility s operation and ownership must be disclosed. h. No owner or manager shall have any demonstrated pattern of operating similar facilities In violation of the law. 5. The project: Includes sufficient on -site parking for the use, and traffic and transportation impacts have been. mitigated to a level of insignificance. 6. Th e property. and existing structure& are physically suited to accommodate the use. 7. The use will be compatible with the character of the surrounding neighborhood, .and the addition or continued maintenance of the use will not contribute to changing the residential character of the neighborhood. such as creating an overconcentration of residential care uses in the vicinity of the proposed use. In making this finding or sustaining such a finding, the Hearing Officer shall consider, as appropriate, the following factors: a. The proximity of the use location to schools, parks, other residential care facilities; outlets. for alcohvliic.beverages and any other uses which could be affected. by or affect the operation of the subject use; b. The existence of substandard physical characteristics of the area in which the use is located such as. lot widths, setbacks, narrow streets, limited available parking, short blocks, and other substandard characteristics which are. pervasive In certain areas of the City of Newport Beach, Including portions of West Newport, lido Isle; Balboa Peninsula, Balboa Island, Corona del Mar and Newport Heights, which portions were depicted on a map referred to as the Nonstandard Subdivision Area presented to the Newport Beach Planning Commission on September 20, 2007, and on file with the Director of Planning; and C. Whether, in light of the factors applied In subsections 20.91 A.D.1 and D.2, It would be appropriate to -apply the American Planning Association standard of permitting one or two such uses per block. Median block lengths in different areas of Newport Beach widely range from 300 feet in the Nonstandard Subdivision Areas to as much as 1,422 feet in standard subdivision areas. The average calculable block length in much of the standard subdivision areas is 711 feet and the calculable median block length is 617 feet. The Hearing Officer shall apply the American Planning NCR 00257 /� Newport Coast Recovery, LLC December 8, 2008 Page 9 Association standard in all areas of Newport Beach In a manner that eliminates the differences in block lengths. in risking this determination, the hearing officer shad ba guided by average or median block lengths in standard subdivisions of the City. The Hearing Officer shall retain the discretion to apply any degree of separation of uses, which he or she deems appropriate in any given case. A copy of the American Planning Association standard is.on file with the Director of Planning. 8. The operation of buses and vans to transport residents to and from off -site activities does not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding area. 9. Arrangements for ..delivery of goods are made within the hours that are compatible with and will not adversely , affect the peace and quiet of neighboring properties. 10. Arrangements for commercial -trash collection in excess of usual residential collection are made within hours that are compatible with and. will not adversely affect the peace and quiet of neighboring properties. Conclusion. As stated earlier in this report,.use of the project site as a residential care facility may be subject, to abatement by February 20, -2009. Pursuant to Section 21).62.090 of the NBMC, - abatement .proceedings for. nonconforming residential care facilities may j commence,.uniess the owner or occupant of the residential care facility has timely applied for a use permit or reasonable accommodation pursuant to the provisions of Ordinances 200-0-08 (Chapter 20:91A or Chapter 20.98 of the NBMC) and is diligently pursuing that administrative process as determined by the Planning Director. Staff recommends that the Hearing Officer continue the public hearing on Use Permit No. 2008 -033 to a date certain and direct the applicant to submit all remaining required application materials to the City of Newport Beach Planning Department no later than 21 days prior to the scheduled public hearing. This should provide the applicant sufficient time to secure the remaining submittal items and submit them to the City. Altematives The Hearing Officer may take one of the following alternative actions on the application: 1. Conditionally approve Use _ Permit 2008 -033 pursuant to making the findings stated in this report, or 2. Deny Use Permit 2008-033 based on the information provided to date. NCR 00258 01 Newport Coast Recovery, LLC December 8, 2008 Page 10 Concerns from Residents The City Managers Office has received correspondence (Exhibit 7) from a resident expressing concern regarding residential care facilities in his neighborhood. Specific Issues raised are density, proximity of the residential care facility to Newport Elementary School, parking, and second -hand smoke. Environmental Review 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 detemirned 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 orgy 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. Public Notice Notice of this hearing was published In the Daily Pilot, mailed to property owners and occupants within 30o feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by. Submitted by. • �iji1 EXHIBITS D e }Off Assistant City Manager 1. Project application 2. June 16, 2008 Notice of incomplete Application 3. August 4, 2008 Letter to Applicant 4. October 23, 2008 email correspondence 5. Materials submitted November 25, 2008 6. Correspondence from the Newport Beach Fire Marshal 7. Resident Correspondence NCR 00259 /0 Exhibit Nor I Project Application NCR 00260 �� PA2008.104 for UP2008-033 1220 WEST BALBOA BOULEVARD Newport Coast Recovery LLC LAW OFFICES of KELLY S. JOHNSON ATTORNEY AT LAW 100 NEWPORT CENTER OR(VC SUITE ,00 NEWPORT eEACN. CALIFORNIA 02800 TELEPHONE (049) 910 -E014 FACSIMILC 1949), 91O.0000 EMAIL kalea9eaol.00m May 20, 2008 David Kiff Assistant City Manager City of Newport Beach Newport Beach City Hall 3300 Newport Blvd. Newport Beach, CA 92663 By Hand - Delivery RECEIVE'* MAY 2 0 M office of Ihb City Manager Re: Conditional Use Permit Application - Newport Coast Recovery, LLC. Dear Dave: ' Please find enclosed my client, Newport Coast Recovery, LLC'a Application for a Conditional. Use Permit, which is required, by Ordinance Number 2008 -5. However, until all the issues in determining whether the ordinance violates the Federal Fair Housing Act are resolved in the case of Sober Living by the Sea,, et al. v. City of Newport Beach, CA Case No. 8:08 -CV- 00200- JVS -RNB and Pacific Shores Properties, LLC, et al. v. City of Newport Beach, Case No. 8:08 -CV- 00457- AG -PLA, my client .reserves all rights, interests and remedies with respect to the provisions and application of Ordinance Number 2008 -5. Please contact me if you have any further questions with. regard to the foregoing. Thank you. Very truly yours, LAW OFFIC S LLY S. JOHNSON KELL S HNSON KSJ:tp Enclosure cc. Newport Coast Recovery, LLC NCR 00261 1? PA2008 -104 for UP2008 -033 1220 WEST BuEoA BOULEVARD Newport Coast Recovery LLC City of Newport Beach GROUP RESIDENTIAL USES —USE PERMIT APPLICATION STANDARD GROUP RESIDENTIAL USE PERMIT APPLICATION (Form 100 — Revised March 2008) APPLICANTIFACII ITY P({ It>GR INFORMeTUxa STEP 1: Completely fill oUt Form 180 (attached). STEP 2: FIR out the following: TYPE OF ORGANIZATION: X For Profit ❑ Nonprofit ❑ Other, please explain: PROPERTY OWNERSHIP: ❑ Own 0 Rent X Lease Q Other (specify): IS THE OPERATOR/MANAGER ALSO THE LESSEE OF THIS PROPERTY? X Yes ❑ No Q If no, please explain: IS THE APPLICANT OR PROGRAM OPERATOR PART OF A PARTNERSHIP, CORPORATION, FIRM, OR ASSOCIATION? X Yes ❑ No If Yes, please fill out and attach either Form 200C (if 200C, applicants must fill out Fwm 200D) or Form 200P, whichever fs applicable. Haves Prooertles.LLC Name of Property Owner where Witty is proposed (f Corporation, legal name of Corporation) &1919004190 (Telephone) (Fax number) (E -Mail address) II t j NCR 00262 ly 10 NCR 00263 �s . 3. SNt11f.AR USER A. Your FInn'a Current Uses. Do you or your firm (or any entity or person affiliated with you or your firm) currently operate, manage, or own other group residential uses in Newport Beach? ❑ Yes X No U yes. CM addres(es) of raoitity(tes) (attach more pages if necessary): �A PLE: 1 ?34 §W4 4 Ne Peat Urilla ed "Sober LhW T 8b Address Type or Use Bed Capacity Site Address Type of Use Bed. Capacity Site Address i Type of Use Bed Capacity Site Address Type of Use Bed Capacity j Site Address Type of Use Bed Capacity Site Address j Type of Use Bed Cape* I Site Adder Type of Use Bed Cape* Site Address Type of Use Bed Cepadty Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use tied Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Cape* Site Address Type of Use Bed Capacity Site Address Type of Use tied Capacity 10 NCR 00263 �s I B. Other 81milar Uses. What uses, affi r are of a similar type as your proposed use here in Newport Beach? Please eNa es) of faditWes) (attach more pages if necessary): F�IPLE: 1234 Main SV�gt, Newpat Lego U01bensed "Sober Wing' 7 Site Address Type of Use Bad Capacity Site Address Type of Use Bed Capacty Site Address Type of Use Bed Capacity Site Address Type of Use . Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Cape* Site Address Type of Use Bad Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed capacity C. Evfdsrres of Need for this Extent of Use. Per NBMC §20,91A.030 (E), please attach Evidence of Capaotty and NOW by residents of Newport Beach for this capacity based on published sources. 4. YOUR EMMIS:NIST0RICUSES Per the requirements of NBMC §20.91A.030.O & H, In the oast five (6) years, have you or your firm or arty entity or person affiliated with you or your firm operated, managed, or owned other group residential uses In California? X Yes ❑ No N yes, show the site addresses) of each f oWles) and stow whether the facill es) have ever beam in violation of Federal. State or local law ( atach additional pages d necessary): FPLE 11234 Main Street. S terrM Barbara ADP- Licensed FadCdv a 11 NCR 00264 ' Street Address, City Type of Use Bad Capacity Has this Wity or your operations at this facirdy, ever been in violation of State or km* laWf ❑ Yes X No If Yes, please explain: . FacRRy #1 1219 W Balboa 81vd. Nawoort 8eaeh Transitional Care 4 Street Address, City Type of Use Bed Capacity Has fhfsfacility or your operations at this facility, ever been in violation of State or local low? ❑ Yea ❑ No If Yes, please explain: FsWy 02 Street Address, City Type of Use Bed Capacity H2$ tills facitity or your operations at this facility, ever been in violation of State or local law? ❑ Yes ❑ No If Yes, please explain. FacRy#3 Street Address, City Type of Use Bed.Capacity Has this facility or your operations at this facility, ever been in violation of State or IOW lavv'f El Yea Cl No If Yes, please explain: _ Facft #4 Street Addreea, City Type of Use Bed Capacity Has ft facilty or your operations at this facility, ever been in violation of State or local law? ❑ Yes Q No 12 NCR 00265 / 7 - If Yes,pleaseenitalm. 5. LOCATION MAP AND SLf9Nno USES Provide a Location Map showing the location of the proposed use plus all known conditional uses within a three.. block radius, include the property addresses of the proposed use and known conditional uses. Please consult the Newport Beads Planning Department (949.844-9225) for nearby conditional uses. 8. 10 PLAN Provide a Site "Plan that shows the facilhys budding footprint and properly Ines. Include properly lines and,building food on Immedatety adjacent parcels. Not the uses (Le. slrrgfa Wr* use, VmW restderiM use, or older) on adjacent parcels. 7. LICENS @AND PERMIT HISTORY OP APPLICANT A. Per NOW §20.911\030(H), please summarize the license and permit history of each facility applicant or Operator has managed, cwned. or operated in the State of California within the last We (5) years which require either a license or a permit by the State or by a locality (attach addlionel sheets if necessary): Newport Coast Recovery, LLC Name, of Facility 12Iti w: BaRwa Blvd. Beach 92861. sadly Address) (CM (Zip) Please describe the nature of the license or use permit, are Issuing agency, its reference number (if appkade), and any enforcement actions by any agency against the Ro mse or use permit: City of Newport Beach Buslness License CA_DaM of Alcohol and Drug Program Lkenso and CartMeation B. Has the appicard ever voluntarily surrendered, had a denial, suspension, or revocation of a residential license for an alcoholism or drug abuse recovery or beabMit fadlty or a facility licensed by the Callomia Department of Alcohol and Drug Programs (ADP) or the California Depadment of Social Services - Community Care Licensing? ❑ Yes X No H yes. the date license was surrendered. denied, suspended, or revoked: Reason for revocation, surrender, denial, or suspension: C. Has the appli ant ever voluntarily surrendered, had a denial, suspension, or revocation of a Use Permit or similar permit for a group residential use in this community or another community? ❑ Yes X No 13 NCR 00266 % 3 v a. If yes, the data Use Permit (or similar) was surrendered, denied, suspended, or revoked: Reason for revocation, surrender, dental, or suspension: D. Has the appkant ever voluntarily surrendered, had a dental; suspension or revocation of a certification by any public or private agency other than ADP or the Cal fomta Department of Social Services- Community Care Licensing for a group residential use in this community or another community? El Yea X No It yes, the data Use Permit (or similar) was surrendered, denied, suspended, or revoked: Reason for revocation, surrender, denial, or suspension: NATURE AND CHARACTERISTICS OF PROPOSED USE Per NWC §20.91A.030(A -D), please provide the following information about each proposed facfiity:(attach addhionat sheets If necessary). The components of this Section S (and other sections).comprise the Operations sad Managatnenf Plan and Rules of Conductenviaioned by NSMC §20.91A.050.B: A. TYPE OF ALCOHOL ANDIOR OTHER DRUG RECOVERY OR: TREATMENT. SERVICES PROVIDED (for ADP, - licensed facilities only — check all that applyy. X One- on-Oine Sessions X Group Sessions X Educational Sessl" X Recovary or Treatment Planning Q Other. B. NUMBERS AND TYPES OF FACILITY USERS & STAFF: TOTAL OCCUPANCY OF FACILITY (This is the maximum number o(indivkluals who live al the facility and are approved by the We safety inspector.) These individuals include the resld" receiving recovery. treatment or detmdfication services, children of the residents. and staff. Staff Includes Individuals who work for the applicant )n exchange for ether monetary or InadrW compensation (e.g., room and board). Total occupancy cannot be exceeded for any reason. MAXIMUM REQUESTED ADULT RESIDENT CAPACITY OF THE FACILITY (The number of adult residents that receive recovery, treatment or detoxification services at any onetime, which cannot be greater than the total occupancy shown above): MAXIMUM NUMBER AND AGE RANGE OF DEPENDENT CHILDREN WHO ARE SUPERVISED BY THEIR PARENT(S) IN THE FACILITY. This taclud®s temporary residing P.O., overnight, weekend vlsfis) of dependent children. (Since there must always be at least one adult being served, the maximum number of dependant children housed must be at bast one less than the total occupancy, determined by the fore Inspector, as shown above): 14 NCR 00267 .11 ' . Are all clients who reside on -site disabled persona? _ Number of staff who will reside on -site: Maximum number of staff who will provide services during any one week to clients at the facility. _ Provide the FacM Staffing Form shown as Forth 400 to this Application. Total number of employees of provider. Please characterize the nature of staff services to the facility (i.e., nutritionists, massage therapists, counselors, malls, cooks, etc): Maximum number of clients who will use the Willy on any one day but reside elsewhere: Maximum number of client visitors who wit visit the facilty during any one week: Mandmum number of others who will visit the facility during anyone week: . Please explain: C. BWLDt1G DIAGRAMIFLOOR PLAN Include a Building Diagram showing. all bul li g(s) to be occupled, including a floor plan of all rooms intended for reslddnW use: Include the grounds stowing butmngs, setbacks, driveways, fences, swap Weas, pools, gardens, recreational area and other spaces. All sketches shall sham dimensions but need not be to scale. k1lo the number. of residents per bedroom and the location and the number of-bads for`sll residents, incuding the "location of tieds for Infants and other non - ambulatory persons. The Bulling Diagram supplied with this application must be accurate as to existing conditions In the building and must be consistent with the building plans currently on file wdth the Newport Beach Building Department =for permitted construction. D. DURATION OF TYPICAL CUNT STAY IN FACILITY (in days): N you wish, please explain: E. IS THE FACILITY ACCESS03LE TO INDIVIDUALS IN 1NHEELCHAW OR OTHER NONAMBULATORY CONDITIONS? [] Yea ❑ No NOTE: The Americans with DleabiWies Act of t 9M (ADA) is a comprehensive federal anti-0iscriminallon law for people with disabilities. The City reminds all providers of residential recovery facilities that discrimination against specific saW9tes is prohibited: Please contact Newport Beach's BuAding Department (949494 - aquirements that may apply to your facility. F. ACTMTY INFORMATION Hours which Wily will be In use: 15 NCR 00268 2!0 .. : , G. ❑ 247 ❑ Other (please describe) a Will there be a curfew? N so, please note quiet hours: ❑ 10 p.m. - II a.m. ❑ Other (please describe) Besides household activities, what types of care - related ankles will occur on -site, and how many residents and non- residents (including staff and-clients from other facilities) will attend? [I'AA' -type meetings — ❑ ADP: Treatment (see 5A) _ ❑ Meat preparadonideltvery _ ❑Physical Fitness (gym, yoga, etc) _. ❑ Other wellnau (massage, etc) — In Provide the W"W Sehedute of Services shown as Form §N to this Application. DELIVERY INFORMATION: What types of deliveries will occur at the facility and haw often (per day or per week - cirde whichever Is applicable) will they occur? ❑ Laundry Savices: /day or week ❑ Trash disposal or recycling: /day or week ❑ Mea1w /day or week ❑ Business products: /day or week ❑ Correspondence, packages (other than USPS)_ /day or week 0 Medical I'Mc seta Medical Waste Pickup: /day or week ❑ Other. W. TRANSPORTATION AND PARfgNO: Will clients residing on -site be allowed to use personal vehicles ardor keep them on -site or nearW ❑ Yes ❑ No If Yes, describe where clients wig park personal vehicles (garage, carport, on- street location, otfter- if on- street, be specific about which streets) If No, describe other modes of transportation that clients will use (bus, other transit, bicycle, other). Please provide a Rcuts Map showing transit and travel mutes that will be used to transport dients dr-s", showing destinatwns of travel and approximate times of departure and retum. 16 NCR 00269 2% I Will staff serving the facility be allowed to drive personal vehicles to the site? ❑ Yes ❑ No If Yes, describe where staff wit park personal vehicles ( garage, carport on-street location, other— if on-street be specific about ~ streets) NOTE: The City may not authorize on- street parking for clients or staff depending upon how impacted the fadl ty's streets are. MEDICAL AND NIO WASTE NBMC §6.04.120 (Health and Sanitalloo: Prohibited Materials) pmrothtrts the disposal of certain medical Waste or blo -waste into the City's refuse disposal system. Syringes, needles, urinarysls cups, and other waste must be disposed of in accordance wth the NBMC and other applicable lews. t yon are unceratn as to what wastes can be disposed of in the City's disposal system, contact the City's General Services Department at 949$44 -3088. Applicants who will be disposing medical waste or other bit waste must Will" a Disposal Plan for Medic arid Blo-Waste showing how and where these wastes are disposed of (required by NBMC §20.91A.030.1). Please attach the Disposal Plan R applicable. J. RULES OF CONDUCT — 0000 NEIGHBOR PRINCIPLES If you have them, please include any documents that descrbe rules of oriaM conduct andfor Good NW $bor Principles that your fadWs staff and clients will adhere to if the City Issues a use Permit for this facility. The City of Newport Beach has developed Good Neighbor Pdncoes for these uses (see the City's websne under Group Residential Uses). Please state whether you agree voluntarily to comply with the City's Good Neighbor Pdnoiolsa: XYes ❑ No K OTHER AVAILABLE CERTIFICATIONS NEW §20.91A.050.C.4 directs that applicants shat attain owlificatah (or shillar validation), where available, from a governmental agency or qualified non -prcifi organization. This includes: • The Orange County Sheriffs DeparbneM's Orange County Adult Alcohol and Drug Sober Living Facilities Certification Program (see www.ocsd_om for more information or contact Certificate Coordinator LL Jeff Bardziu at 714- 773 -4523 or Ibardxl 0Wsd.oro or Margo Gdse of 714 - 7734521 at mar[8492111-01. This certification Is required. The Orange County Sober Living Network (see // Hvw sobmtou*a noVOmnae counbr htmi or contact Grant McNiff at 714 - 875. 2954. This certification Is mooarnended. You do not have to attain the OCSD certification to apply for a Use Perm, but we suggest that you Stein flue certification within a reasonable amount of time (twelve (12) months) following your application submittal. Should a Use Permit be Issued, n.nray.Include a condidau that cartficeto► be *Mined WKW a elated time period. If you have atained this csrffltd ru prior to applying;for the Use Permit, verily hero that you have altafned this certkatlon, and attach the verifying document from the can" entity: 17 NCR 00270 ZZ (� Orange County Adult Alcohol and Drug Sober LMng Facilities Cerli(katlon (required) Orange County Sober Living Network (recommended) Other (please describe) L SECONDHAND SMOKE LIMITATIONS NBMC §20.91A.060 -A directs that *no staff, dienta, guests, or any other uses of the facioity may smoke in an area from which the secondhand smoke may be detected on any parcel outer than the parcel upon which the facility Is located. Check and sign here to acknowledge lids requirement and your use's adherence to it X I acknowledge that 1 wit control seoondhend ar oke on my fadfAy such that no secondhand smoke may be detected On any parcel other than the parcel upon which my facltlty •Is located. $19nature: Date: A- The'ownar of record' of the properly Oran auuwrtred agent must sign this Appicallom Signing the application under Sectlon 10 means that" applicant certifies, under penalty of perjury, that the information provided within the Appltcation and its attachments is true and correct Per NBMC §20.90.030.C, false statements are grounds for denial or revocation. B• The APP1IcW acmowledges that he or she must comply with as other Federal. State, and local laws and mgorfauom relating to this use. The Applicant understands that a violation of Federal, State, and local laws and regulations Is grounds for ravom n Of the Permit The Applicant understands and acknowledges that It is against CRldomla law to PrOMO treatment (as defined) In an unlicensed fackity. C. If the City issues a Use Permit based on the Information provided in this Appicauon, the Applicant's signature below certifies his or her agreement to comply with the terms of the Use Permit The Applicant understands and a0� k n°wled9as that r0rrampianoe with the terms of the Use Permit Is grounds for revocation of the perm Rev0c&d0n of the Use Perml. NBMC §20.90. 040.E provides M the City can revoke a Use Permit if: • The permit issued under erroneous information or misrepresentation; or • The applicant made a false or misleading steternent Of material tad, or omitted a material fact; or • The conditions of use or otherregukauons or laws have been violated; or • There has been a dksconunuarce or use for 1 So days or more. THE UNDERMONED ASSURES THAT THE INFORMATION PROVIDED ON THIS APPLICATION IS TRUE AND CORRECT AND THAT THE APPLICANT HAS READ AND UNDERSTOOD HIS OR HER OBLIGATIONS UNDER ANY USE PERMIT ISSUED BAKED ON THIS APPLICATION. A. U the applicant Is a sole proprietor, the application shall be signed by the proprietor. B. I the applicant is a partnership, the application WW be signed by each partner. C. If the applicant Is a firm, asaociauon, corporation, county. city, pubic agency or other governmental entity, the appi08110n alai be signed by the dnief executive officer or the Individual legacy responsible for representing the agency. 18 NCR 00271 23 D. The appkanKs) affirms that the fwb cmt*ed In this applica6an and supporting documents are true and . correct. (Signature) (TO) (Date) (Signature) (Tgle) (Dale) 19 NCR 00272 2 y Exhibit No. 2 Notice of Incomplete Application Dated June 16, 2008 NCR 00273 255 June 18, 2008 CITY OF NEWPORT BEACH PLANNRI i DEPARTMEW 3300 NEWPORT BOULEVARD NEWPORT BEACH. cA am M" BM-XM FAX (048) 641 -3= Ms. Kdy & Johnson . 180 Newport Cedar Drive, Sulle 100 Newport Beach. CA 92660 Dear ML JoMreom Subject NOTICE OF .INCOMPLETE APPLICATION Use Pemtit No. 2008 -033 Properly barred at 1216 West Balboa Botilevard, Newport Beach, CA pdwvw Coeet Recovery, LLC) This letter serves as nowmartim that the Plamft DepeAnrent Is In recalpt of your application Submittal regarding the proposed Use PmM for property located at the above referenced address. Upon review of yore subndlled apploadon, doaenenh; and ardlatta, the BASCOM has been deemed moonipiete: Planes provide the following; 1- A eigined atfida t flam.the property omw audt"tzft the MAXTliM of the spocadon for a Group Residential Use Pem#- 2. A ffM fee of $2,200.0o as a depoata agd* which staff time aped prooem" the Use Permit application YA be baled at an hourly rte of $135.00 per hoar. 3. A Bile plan that shows the facidy's bua®ng faolprint and Properly %tea, property mas and bull ft bolpii0s on the parcels immedtetegr adjaoed to the subject property irrdutdkrg notes as M the e7dsting use an adjacent parce>8. 4. A copy of a Preftirmy Title Report or property p d% that is lass em 60 days Old that b0difies the legal deem"m of the property. 5. Approved *a deararuce from the Newport Beady Fie Marshal. a A route map in8cret V the trarmlt and travel mutes that va be used to trwgmt dbrds off afte shmft dedn tiorts of travel aril appm*na% tines of departure and return. 7. A copy of your Stab license or pending I== appacatton ti y4xw jacifty mquim a StMe Scerme. 8. A b MhV diagram and float plan of al mum irdorrdad for mite' ore idercgft the mender of reddwft per bedroom and the bmdm and the rarnbsr of beds for all reeldierna, indudfg the loceflon of beds for Ydaraa and that non-arrrbulatay Persons• to pxsumt NBMC Section 20.03. 030 OW mud be coraided vM Fe Illed ficarplemonfliewilh she qty of Newport Beach &A" Deparbrrerrt. NCR 00274 9. Canplated �City of Newport Beady BA SCOM Form 150 (mow or director 2� Notice of Incomplete Application Use Permit No. 2008.033 Pape 2 10. Completed City of Newport Beach application Forms 200C or 200P and as aMiceble .Form 200D (corporate identky). 11. A route map iaxtramq; transit and travel mutes fuel wig be used to transport clierrls off - eite showing desertions of travel and appropmaft times of dapff and rebus. 12. If the %cMty'disposes of medical endlor bio waste. a plan for disposal of #me materials is 13. City application Form 400 (fecfity st *Ift tom)• 14. City apron Form 500 (weeldy activities schedule). 15. A written statsment.that tits is your a* facility, or it you operate more thmt one facility, submit evidence of fie treed by residents of Newport Beach for the capacity of the subject facility. beaed on publlshed sauces, per the requirements of NWX Section 20.91A030. In adMon to the above the application axe also mckide submittal of a location map WxAft all cmxVdwW uses *Mn a three block radius of the subject property.in order to be deerned complete. City staff wik prepare It& location map for Your application using the C" GIs database and other Warnation_ If yo have any questions or need assistance, please do not hat le to contact me at (SM) 433- KCM Really, LLC, Property Owner A Kappeler, Code EnWcemerd Division Manger � Ji': 1' 11•' IC NCR 00275 2� Ilia KCM Really, LLC, Property Owner A Kappeler, Code EnWcemerd Division Manger � Ji': 1' 11•' IC NCR 00275 2� Exhibit No. 3 Letter. to, Applicant Dated August 4, 2008 NCR 00276 Zq PLANNING DEPARTMENT 3300 Newport eoutevard, Bonelrg c, Newport each, GA 92683 �tcconk�r (949) 64432M Fax (949) 894 -3229 websde: www.gjty.newood beach.caA August 4,.2008 Ms. Kelly S. Johnson 180 Newport Center Drive, Suite 100 Newport Beach, CA 92660 Dear Ms. Johnson: Subject: Property located at 1216 West Balboa Blvd. Use Permit No. 2008 -033 On. June 16, 2008, the. City of Newport Beach sent you notification of receipt of an appfication.for a Group Residential Use Permit for the above referenced property. The letter advised that the application has been reviewed and is incomplete because various items required per Section 20.91A.030 of the Newport Beach Municipal Code (NBMC) were not included.. Specifically, your application did not contain the following. . • A signed affidavit from the property owner authorizing the submittal of the application for: a Group Residential Use Permit. • A filing fee of $2,200.00 as a deposit • A site plan that stows the facility's building footprint and property tines, property lines and building footprints on the parcels Immediately adjacent to the subject property, including notes of the existing uses on the adjacent parcels. • A copy of a Preliminary Title Report or property profile that is less than 60 days old that verifies the legal owner of the property. • Approved fire clearance from the Newport Beach Fire Marshal. • A route map showing the transit and travel routes used by the facility to transport clients off-site, showing probable destinations of travel and approxanate times of departure and return. • A copy of your State license or pending license application if your facility requires a State license. NCR 00277 31 1216 West Balboa Blvd. Use Permit No. 2008-033 Page 2 • A budding diagram and floor plan of all roans intended for residents' use Identifying the number of residents per bedroom and the location and the number of beds for all residents. • A completed Application Form 150 (administrator or director information). • Completed Application Forms 200C or 200P, and as applicable, Form 200D (corporate identity). • If the facility disposes of medical and/or blo waste, a plan for disposel of these materials. If the facility does not dispose of medical and/or bio waste, please provide a statement to that effect. • A completed Application Form 400 (facility staffing plan). • A completed Application Form 500 (weeldy- activities schedule). • A,written statement that this is your only facility. If you operate more than one facility, please:.submlf evidence; of the need by residents of Newport Beach for the capacity of the subject facility. A copy of.t he June 16, 2008, letter is attached for your reference. It has been.more than a month since that correspondence, and-as of this date, we have not received the items required to deem your application complete. We are unable to process your use permit application and schedule a public hearing until we receive these items. In the meantime, we are in the process of completing the location map of other similar uses, which will be sent to you for your Information and placed to your use permit application file. Please be advised that failure to obtain a use permit for the group residential use of the above referenced property shall render the use of property noncarfonning. Nonconforming uses of property are subject to abatement, per Section 20.62.090 of the Newport Beach Municipal Code. Such abatement must occur (.e. the use must cease) by the sooner of February 20, 2009; or The date at which your tease expires to use the property. This is only applicable If the lease was entered into prior to December 7, 2007 (Section 20.62.090.A.2.aa'0 Once the application is deemed complete, we will schedule a public hearing: before a Hearing Officer. The Hearing Officer is designated to approve, conditionally approve or disapprove applications for a group residential use permit. The Hearing Officer's decision may be appealed to the City Council. The City Council can sustain, reverse, or modify the Hearing Officer's decision. NCR 00278 12- Nodw Of Inoompk%e AAploolan Use Pearl No. 2008M3 Papal 10. ComplNed Oky of Newport Beach efp8ea M Form 2= or 200P and as a WfiAb Fear 2090 (aorpaab Weralgtj. 11. A route map Onba ft b,,W sd &'sell mutm t A atf be rased b bemp s deree df- e1e, ahoxbp daeuratpm dbwd W app, tmee d doperWm W mMm 12 tl hWegty depasxdmedfoal andfor borrasb.aplmr br depoaW dpreae noiterW 4 13. Clpr apppaton Ran 4W QWft dafft 00* 14. CIN+Ppbaft Farm p00(1eft a*&a gchwM °15. A wNben Maismoo t OW pee k yw ddy bdfd. m If you open& mma pan aro (chary sabot addarca d to Peed bl reaidmsa d Nev4foa Beath fort a apadly d Oe addaq faoft bawd arrplMshodsaaoea, petthe repetenaertadHMBectbn 20.pL1p90. b adaftlon b tie above &e appiafloo mot *0 k4mb vdxnWAuf a befto aapr afmwbp a9 Owdf W wee wttdn a time back radto d to mhled preporly.4 adm b be d@W and oanpWb. City OW to p apre to foaaA crap for yaw app6mbn Uft to (W4% ("S tlemI W athm k*MsS* rL 1f YOU lreve"aaesbm ar need mince, *on do rid hesbie b coded ota at (562) 433. ow. x KOM Reft UA Rw" Owner I KaPPOW. Code EnWmemmd OMden Mampm FWCemWLMShwedPA11PAs. PAZM101VJP =R*3. k WMOdeAx 1 l NCR 00279 33. Exhibit No. 4 E -Mall Correspondence. Dated October. 23, 2008 NCR 00280 35 . Page I of I D&W Unn Front Debby Lim .nett Suit. Thum, October 23, 20081028 AM TO: KesyJdwmn cm Janet Brown SW*aet Newport Coast Recovery CUP Dear Keay, Them or4he cal today. Per our cormerse Lion, l unaeggaM thatym am CmTmft woAdrg wft yea Centiwrard- addressbg Ore outstardirg Wm needed for the Coax*" use'Perndt (CUP) q*Uc m for the group harm located at 1218 W. Balboa Boulevard, and that you plan to submit the apphowon ON tee by the end of October %%1 to mnwkft mWW niaterlaft to be sutxdlted by the first waelr of December. Please let rrre lorew If you need any assistance lo your efforts to complete the CUP sppka lon. Sed Regards. Debb Linn I Linn Associates 826 Molino Avenue Long Beach, CA 40804 Phone (562) 433.9444 Fax (562) 433 -7190 NCR 00281 31 Exhibit No. 5 Application Materials Submitted November 25, 2008 NCR 00282 a] Bray rn- Janet r.. From: Brown, Janat se„ f; Tuesday; November 25, 2008 6:21 PM To: 'Debby Unn' Subject: Newport Coasl Recovery Attachments: 20081126162209.pdf Hi Debby, Attached are the items submitted today by Shannon Armand, Executive Assistant, for Newport Coast Recovery. Each item is numbered to correspond with the items listed in the June 16 letter of incompleteness: 1'6 talk with you in the morning regarding your report. Janet Johnson Brown Associate Planner City of Newport Beach (949) 544 -3236 ibrownCa2city.newmrt- beach.ca.us NCR 00283 �I it I NCR 00284 . �z FIRE SAFEW MWECTM REQUEST aaemarvah .t Pr 4ko J Deems L Canawn AGemer Hine AM AOOMs 129 127 saexrFOarvSea�wvrwwv Z ■ BasGj9&ucMW*onnnexr& . Celt: N17) 2W- to HE COUPLEM Or ofspecom CITY OF NEWPORT9EACH `1 FIREDEPARTMC-P11' Huns AM P.O. BOX 1788 . wooHSSS NEWPORTBEACKCA 92668;$915. '4/eC74wa •'IwNp MN4ntWyG GIr IP4d{ W9,3 DA 3Uo55 1 u x avawK aa� sirs - ; aw�a�rcw� c owa�ts.o auxc� a. ADOWU CHNIM v. ixxca . Celt: N17) 2W- to HE COUPLEM Or ofspecom CITY OF NEWPORT9EACH `1 FIREDEPARTMC-P11' Huns AM P.O. BOX 1788 . wooHSSS NEWPORTBEACKCA 92668;$915. '4/eC74wa •'IwNp MN4ntWyG GIr IP4d{ W9,3 DA 3Uo55 1 u uee+.eer.00er - ; ; m+�eacaraceR�a dq TvrHi- «0401 rV IAJC-Ut rtS Snr-r= - cuEAJT- ,_ WCMBY //�rNOV 25 X-3 jar 0 NCR 00285 �%3 Directions to 4019 Westerly Pl, Ste 100, Newport Beach, CA 92660 -2316 Directions to 4019 Westerly PI, Ste 100, Newport Y1iXIOOL t.ocAL Beach, CA 92660 -2315 _ When using any driving directions or map, it's a good Ilea to do a reality check and make sure the road still exists, watch put for construction, and follow all traffic safety precaunans. Tills is only to he used as an aid In planning. c rr NOV 25.2008 0 1*0 ks1l Page 1 of l NCR 00286 9y Directions to 901 Dover Dr, Ste 204, Newport Beach, CA 92660 -5516 Directions to 901 Dover Dr, Ste 204, Newport Y�HOOA LOCI AL Beach, CA 92660-5516 WDS Told Tlmd: 11 thins, Total Dkfanod: 4.17 Mks Sulnoviry and Notes START P Nrwpod Coast Recovery (949) 723- 3165 1216 W Balboa WVd, NeaipoR Beed4 CA 92661 -1008 FINISH P 901 Dover Dr, Sta 204, Newport 8g0h, CA 92880-616 Page 1 of I CS21 When using any driving directions or map, It's a good Ilea to do a reality check and make sum the road still exists, RECM HY watch out for construction, and follow all traffK safety precautions. This is only to be used as an aid in plannin ft"MI)EPROM MN 2520 COY OF NEWPORT BEACH NCR 00287 ys Directions to 414 32nd St, Newport Beach; - CA 92663 -3801 Directions to 414 32nd St NewportSsach, CA "SrAX4001 LOCAL; 92663 -3801 Total Tine:5 mine, Taal Distance: 1.23 miba When whV any erivhg arections or map, it's a good Idea to do a re 1ky,di aa we" out for mnsImMon, and Mow all fraffk safety precautions. T1 4 is Only i re the road -SLIM- exists, an aid in planning. - Page 1 of 1 RECEIM BY RANNM DEPARTMENT NOY 25 M CITY OF NEWPORT BEACH NCR 00288 6 May 13 08 06:10P State of California Dan af#naent of Alcohol and Drug Programs License and Certff cation 0.1 In accordance wllh OPPW8610 provislons of the Heakh and Set* Code of Callomia and As rules, regulallons, and standards, the Department OfAkohol and Drug PmgM= hereby licenses and certifies NEWPORT COAST RECOVERY, L.P. to operate and maintain en adult resldantial akohol and/or drug abuse/ mcOv wy ortmatment redfr7y using the following name and kxatlon: NEWPORT C,OASTRECOVERY, L-P. 1278. WESTB'ALHOA BOULEVARD NEWPORT BEACH, CAUFORNIA 92864 This license and ceWkation extends to the following aervloss: RESIDENTIAL ALCOHOL ANDfOR OTHER DRUG SERVICES, INDIVIDUAL SESSIONS; RECOVERY OR TREATMENT PLANNING, GROUPSESSIONS,• AND EDUCATIONAL SESSIONS UmRation5 or aondiYons are listed as foNows: TreafinenVRecovery Cep&W.. 29 TOWOccupancy lbrlocaf/on is matted to: 29 RECWW BY PIANNNG DEPAHnUl M MALES ONLY (Change In Target Populatlon Efrectfve 02MI/2008) Lkema CerffAcatton Number. 300156AP MIA, !IY 25 1%, WOF NEWPORT BY t t3ecavaDate: 02/11112M EXPInWon Date: 0113112010 CMPWft rogard'erg services provided In ft facRty should he d(nected to: 117WKStreet8acrameCjdit. a85a11.4h 03) (916) M -2811 FAX (918) 324.4W5 F-ma1: t CBcomoidiedo.ststo ce.us Post Ina PzwninQ0f 100001L This License and NCR 00289 y7 DE]C.28.2BB3 ,18140M rrwL GL BUILDING SKRTCUf f r.:.: Mai 10.0' 2 LO Wr AOLU Ba9�aC Bo�rald E NCR 00290 73 pumg ILI own pmo KIT ..sue EXIT RFCBvEU sv MAWAW OVAMW NOV 25.E CUY OF NM OCI NCR 00292 S 0 NZ Bedroom You Are Here Exit Bathroom Kitchen Exit 025203 cp of NEWPORT NCR 00293 5/1 To Stairs -,:r, You Are Here Exit ► Exit Bed-room Bedroom Living Room Apt: 3 WXXM sy KMMGMPAMW M)V 25 2M M OF NBWORT EACH NCR 00294 C Bathroom Kitchen You Are Here Exit Exit Living Room Bedroom Bedroom RECMMw KMWM DWARAW MN 2510 CffOFWM NCR 00195 S Ant d Yo NCR 00296 NOV 25 M sy. `CUYOF NEMOTOWH 1 Exit RECeft BY CeM narnW NOV 25 2008 MOFWWff BEgCH NCR 00297 S� man Exit RECeft BY CeM narnW NOV 25 2008 MOFWWff BEgCH NCR 00297 S� You Are Here Exit .A— Bedroom Living Room. Apt.7 RMEM By 25 NCR 00298 MY OF- NWORT BFACH sj� City Of Newport Beach WECEIVIVOY, ... :GROUP RESIDENTIAL USES — USE PERMIT APPLICATION RANNING DEPARR" ADMINISTRATORIDIRECTOR INFORMATION IDENTIFYING INFORMATION __. _r...w.wAw�w�..It♦ EDUCATION MANAGEMENT EXPERIENCE MiL Atlftu of &Wbl m DUO a Kamm for lasAV lyrl �7lE ftito ::....Emma© _...• '.__.off "• k2C Nrcwx Q ., MANAGEMENT EXPERIENCE PERMIT. Dates MiL Atlftu of &Wbl m DUO a Kamm for lasAV lyrl �7lE ftito ::....Emma© TD k2C Nrcwx Q ., �IYII /• /.: r. siCq 1I � •� �il. �'� !I I "_rf. . Ctt�'texfY�ut+nw9mcn.+cj ,-_-_ PERMIT. Dates MiL Atlftu of &Wbl m DUO a Kamm for lasAV lyrl �7lE ftito . //"c'vT��- J�It'irC4�'I^�`�.� �iSS�l�T�Y/!� TD k2C Nrcwx Q ., fRON y/$ ' 407Gc i,&W/ . Ctt�'texfY�ut+nw9mcn.+cj ,-_-_ �� rat`s Sd�n ,y TO n,c' D� s (.ls; c �yq A. v.t 7� NCR 00299 W" City of Newport Beach GROUP.RESIDENTIAL USES — USE PERNUT APPLICATION ADMINISTRATIVE-ORGANIZATION - PARTNERSHIPS, SOLE PROPRIETOR, AND OTHER ASSOCLATIONS (Fortd`ZOpP- February 2008) PARTNERSHIPS 1. Alt ch a mpy orara perhbmhip W ment. 2. Parb*m . Type of Ps&mrsbtp Name BeaMeae Ad*m. City mtd av Cade 191 Pwbrer 09 . 2nd Psdner . _ IJ LMtMed 0- Gan" 3M Partrer ❑' Lknftd . aN PaMer .:I:] LMiaed . Cmaod Peftmll� ft pmOmm Use RECEIVER 8Y PIAWNG DEPARTMB9 NOV 25 208 Cj OF' 1 \CY1fVRl DKR NCR 00300 S� W-CEMar 114*ar�DPAiiyaff NOW 25 2M8 CROFNEWRTWH , sf SECRETARY OF STATE I, Kevin Shelley, Secretary of State of the State of California, hereby certify: That the attached transcript of I page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF,1 execute this certificate and affix the Great Seal of the State of California this day of DEC - 3 2003 Secretary of State NCR 00301 5g 00302 �D 20 State of California Secretary of State Kevin Shelley ENDORSED - FILED In" ���g� ottle o CERTIFICATE OF LIMITED PARTNERSHIP NOV $ 4 ZN3 KEVIN SHELLEY A $70.00 filing fee mustaccompany this fomr. _ .. Secretary of State IMPORTANT - Read, instructions before completing-this form TMs Spew For Ring Use Only 17 of the gaited paMerddp (end ihe.ame with ttta words United Partrterslrtp' or the abbrevlatbn'LR:ry - .. . . New R Coast LP. 2. 5lreeladdressof pdncipatexecuove.orace - -CHy and state;, Zip code 3. Street aOdiee$ef:CeNomta Off ke where records are kept `Ctfy ....- Slate Zip code 2227 -- _:..Ne `Beach: - OA 92880 4. ..FrarldSOn:Mve C mpiate fflhim partnership was formed pdor ar Juiy'1 -.1084 end Is ih =-defence on the date tits certificate m axeMed. The cdgkms Ihnkad partnership certificate was recorded on wflh the recorder of county. Re of recordation number 6. Nam -the agent for service of process and cheek the appmp*W provision below. albert Pizzo - . whch is Q an Individual residing In California.- Proceed to Nam S. •a corporation which has iketl :aceMICeW pursuant to section 150.+. Proceed b item 7- 0. If an ind'Mdua4 complete the California address of the agent: for service of process: Address: 2227 Francisco Drive Slate: CA code: 7. Na_mas.end addresses of all general parNers: - (Attach additio=nal pages, d necessary)_ - A. Name: Cairn Pacific Seas. LLC Address: 2227 Francis(* Drive Beach Slate: CA zle code: 8. Name: Address: 8. City: Indicate the ( of general paMers' signatures rawked for Drug cor"cetee of amendment, reslatemaM, merger, dbeolution. cm8nuadan and cancellation, one - 9. Other mailers to be included M this cePoficete may be set for h on separate atladned pages and are made a part Of tits mftlfwme. Other matters may kx*KIe the purpose of business of the lkrdted partnership (e g.. `Oamding Ftderpdaa k . 10. 1 declare #W 1 am the person wifoem Ad this Instrument. which execution Is my ad and deed. Cain Peelle Son. LLC I A Signatu utlarQad PdgpK position 'dr,Ttlle of Authorized Person Albert Pizzo NovernberK. 2003 Type or Print flame of Aumorued Person Date QP President of Genead Partner Signature of Authorized Person Posidwor Tile or Authorized Person Type or Print Name of Authorized Person Date IP.1 (REV. 07=2003) Approved toy . 00302 �D City of Newport Beach GROUP RESIDENTIAL USES - USE PERMIT APPLICATION FACILITY STAFFING DATA (Form 400 - February 2008) Use this form to identify all staff of the facilitylprogram. Designate voiunteemby placing a "V" after their name. 0 0 w W Employee Name and Title Date Total Time of Total Hours Date of Last Date of Last Employed Recovery Per Month CPR Training Fltst Ald Program Scheduled Training Experience Col b � G�nC vn'�c °t 4 +08 u(vQ . lloo Oa /op. 108_.. .401 la-m() 't a.A-k nWV') D`1 H 4 1 toe 1- ob (D�i I' too w-N (xeog ob 1C)Q to b`t w�A9Ao v�o�v-r� �aja't�a3 S �0 1to� loy labog Ob ,o (oy d cw v � c� lc.�:sn b� � i � ro a '� 1/�Lo ► a o pwn dw. Pte^^ d.- City of Newport Beach GROUP RESIDENTIAL USES — USE PERMIT APPLICATION WEEKLY ACTMTIES SCHEDULE (Form 500- February 2008) WEEKLY SCHEDULE OF SERVICES • :. i r: I 2 -3 p.m. 3A p.m. a5 p.m. 5.6 p.m. I 6-7 p.m. 7$ p. m. TOTAL HOURS PER WEEK OF INDMDUAL/GROUP/EDUCATION SE�SIQ�S• RECOVERY OR TREATMENT PLANNING, AND DETOXIFICATION SERVICES (IF PROVIDED): ` j O Comments: City of Newport Beach NCR 00304 6z GROUP RESIDENTIAL USES - USE PERMIT APPLICATION 8:00 AN 8:30 AN 9:00 AN 9:30 AN 10:00 AN 10:30 AN 11:00 AM 11:30 AM 12:00 PM 12:30 PM 1:00 PM 1:30 PM 2:00 PM 2:30 PM 3:00 PM 3:30 PM 4:00 PM 4:30 PM 5:00 PM 5:30 PM 8:00 PM 8:30 PM 7:00 PM 7:30 PM 8:00 PM 8:30 PM 9 :00 PM 9:30 PM 10:00 PM. Z 10:30PMi n 11:00 PM X 11:30 PM p 12:00 AM W O tit 5:45 P.M. Meeting Newport Beach of choice Newport Club Phase one Newport Coast Recovery WeeklyTreatment Schedule :hariges or Hoeg AA meeting I Meeting ne Phase o Phan one n as Necessary Without Prior N Effective 0710312068 Program tt� U1 0 �m RECMW By R*ftW DEPARWW HIV 25 Zvi! CffY.OFNWW8EACP Newport Coast Recovery, L.P. 1216 W. Balboa Boulevard, Newport Beach, California 92661 • 1.800.990,9691 NCR 00306. wwmnewportcoastrmovary-org G T Exhibit No. 6 Correspondence from the Newport Beach Fire Marshal NCR 00307 �5 FEa^Y'.. -•.•;' EfE7iV'.IE1L '::�'. FT!l�Ptd�fCtN Aif'167+f+ -.. . f/, ..: �.._ .._ _ ::..� -... � 1� � _ June 6, 2008 Newport Coast Recovery 1216 West Balboa Blvd Newport Beach, CA 92661 RE. Fire and Life Safety Clearance DeaMr. Swiney: Earlier this year. I sent you a letter advising you of a recent cede interpretation by the State Fire Marshal and briefly explained how the interpretation might affect group residential facilities with more than 6 clients in one building. The interpretation does not consider whether the single building bosses two or more dwelling units housing 6 or fewer clients in each dwelling unit — indeed, like a fire might, it considers only the fact that more than 6 clients reside in one structure. At the conclusion of the letter, I asked you to provide me with a comprehensive code analysis for each. of the iacilities you own or manage by a qualified architect prior to my office's inspection and anticipated issuance of "fire clearance" for license renewal or Use Permit purposes. To date, I have ant received an analysis for your facilities. Please be advised that I will need to review your code analysis and a plan for corrections, If necessary, prior to the issuance of the "Fire Cleaiattoe" that is a port of your Use Permit application and part of your ADP application (if you are seeking a new or extended ADP license). the analysie should examine the impact of the State Fire Marshal's interpretations and all newly adopted regulations for group hones with more than 6 clients in a building. The completed analysis should be aubmitted to my office at the Newport Beach Fire Department as soon as possible, In order to assist you and your architect with the code analysis, we have posted a list of applicable Building and Fire Code provisions relative to the Group R4 Occupancy Classification (Group homes, licensed or unlicensed providing treatment and/or recovery for more than 6 clients in a building) on our web page: wMv city newport -beach ca us/FMDidetanh.htm NCR 00310 SAFETY SERVICE 0 PROFESSIONALISM / �{ IV / The list may not include every provision applicable to your situation which is why we encourage you to obtain the assistance of a qualified architect. Please call me if you have.anyquestions about this matter or if I may be of any finther assistance. I look forward to wetking with you in our continuingg effort to protect the life and safety of the residents of our community. Sincerely, C- Steve burning `✓ Fire Marshal NCR 00311 NIIJ Rn . L�... 7G�a :;:kuca..:rd= i�'nw�7E�sw.eer Exhibit No. 7 Resident Correspondence NCR 00314 �3 Dear Mr. )Off, My name Is Paul. Lopez andt am writing to make note ofmy concerns regariifng group residential homes In myneighborhood.1 own and reside at 1125 112W. Batboy Blvd., Newport Beach, CA 92661. I have lived -here for over 8 years, and my immediate neighborhood has become densely populated with group resldentlallsober living tames. As a.malfer of fact, I am sandwiched on both sides of my home by two such residences at 1115W. Balboa Blvd. and 1129 W: Balboa BNd. Living in such dose proximity. i ity. i have .firsf'hand evidence that these type of businesses, their clients; and visitors have adversely effected our living environment In reviewing the application for 1132W. Balboa SM., l note that the city s environmeihtal impact inaiyats. states that there will be "no negative neighborhoodlenvfmnmeMal impact created by granting the requested Pam* This conclusion irtitates me to no end.-'a5 it Is obviously' the findings of someone who has not lived through the nightmare that we have experienced over the last five years. Despite hying 'to deal with the adverse effects of these businesses, and after many calls complaining to the ske, managers. of smoke,, swearing rake; littering etc., very rifle has-changed. I am a hcmeowner.on the part .nkr.k a tax paying citizen andl am shocked that bushawat Hal continues is usual as it relates to these group horn & am traveling on business next week and I will not be able to "attend the. public (hearing. Therefore, please take.the below feedback as my formal input on the permit hearing for both 1132 W. Balboa Blvd. on December 4th and the upcoming hearing fort 216 W. Balboa BW,on December 8th, both within 200 last of my residence. Here are my: Issues: Density: note that the existing pemdt process advocates that these facilities should: not be within 1000 feet of eachother and only>one such facility should be located Within a Newport Beach oily block -`have four (4) suchfaci5ties within 1000 feet of my residence and three (3) of theseare wtidn.rhry city block The'cbse proximity of these facilities, with their clients and visitors, has negatively changed the landscape of my neighborhood. Noise; smccing, parking, swearing; and poke visits have at negaWel l Died my, quality of life here onAhe peninsula. The properties at 1132 and 1216'W. Be9roa Blvd. have the same. density- related Issues as the other two facilities. The permitting of these facilities does have a negative environmental impact to my neighborhood and my residence. How can the city provide a Permit to these two faalkges that are within a few hundred feel of each other, and wdhNh yet another few hundred feel of two admiorw sober Aving facRies? This Is simply not in compliance with the permitting process as I understand It and is downright unfair. Proximity to Newport Elementary School: I also rate that the existing permit process advocates that no facility be within 10DO feet of a school. The clients of these facilities have demonstrated that they are not model citlzens, most with some form of drug offense and'others with criminal records. Why would the city permit such a facility within a few hundred feet of the school? An approved permit would put these children at increased risk of harm. This is frankly insensitive to the tarniles that have entrusted the City of Newport Beach to protect their children. RECWWay MC 012M NCR 00315 CIIYOF�g� '�Y s Parking: The group residential homes in question use their garages as group meeting locations. group . entertainment, andfor offices. These garages have been adjusted to faditale this type of group use and not parking. Therefore, all clients with cars -phis means most:dients --are parking on W..Baiboa, Blvd., creating an even more ddficul( parking situation for other reskknts. As you know, the Gmtted'Padwig available on the peninsula. has always been ;arn: Issue. These two group residentialhornes have worsened an already bad sibradw. Aor5lbnally,, many: guests and frequent business: delivery vendors Illegally park in'bontof other residents' garages and,partdng spaces. These amities are using their availabiegarage Parking forother business purposes. This:pradica has, a negative environmentat impact on my'reaidence and neighborhood. Second -Hand Smoks: I have reviewed the application process for both of these facilities and have noted the Wowing stipulation: NBMC §20 g1A:050.A.directs that'no staff, diems, guests, or any, other users of the facility may smoke 'in an areadrom Which.the secondhand smoke may be detected on any parcel otherthan theparcet upon which the facility is located. - This .is an interestitg requirement and I understand that each faality applying'isr a.pemrt mustsign and adanowledge ihis:requirerru nt..How does Mrc Cffy propose gist tlresa group resEderrces,rnomply? It is my first florid experience.that nrost ff notatl;:ciierrts and employees snake ;Pertlnelr own house guideftm, ttiej are ooh allowed to smoke Trade Uneir units. Therefore: there is ahvays.a group of people outside smofdng at each of ti,ese tadlities as wee as at the two facBties that surround me. l suggest that you have your environmental impact group visit our location and comment onthe fact that we have a continuous flow of second -hard smoke. H someone is smoking outside, there is no way Drat they can keep the smoke on their Property.: Therefore,. they are putting; me and;my famity.at risk of wooer, emphysema, asfhrrra and other negative eBeds of second hand,smoke:,l,cannotopenthe w ndows of my home�vithwit .smalfuigagareftesmoke.:)attern toinsfefl control air conditioningto . minimize fhis negative envrrgnmental impact, but )was told by the city that l could not put an air conditioning unit on my roof ordown in my side yard due to city zoning requirements. Thts,is;not fair. not right and most importantly, 9 I putting m y, family s health at risk. I betieve.k.is the Chty's responsibility to protect my residence and family against dangerous second hand smoke. Other Issues: The clients of these Fatalities for the most part are not what one would consider responsible neighbors. They are generally bud, foul - mouthed, combative, and oblivious to social courtesies. Some sffe managers do a better job than others in managing their client; to comply with the required standards, but in general, these residents are intimidating and disrespedfut Our neighborhood has changed for the worse due to these businesses, and I assume that most potential buyers would not eked to buy next to one of these houses, so we have also taken a hit on future selling values. This whale process has-been frustrating and detrimental to my home ownership and quality of life here on the peninsula. Our. residence and neighborhood have been and continue to be negatively impacted by these residential living facilities. NCR 00316 74 This input on the permit process for the residential facility penTd application process. I urge the City to reject the permit approval for the facilities at 1132 and 1216 W. Balboa Bhrd. for the reasons noted above. 1 would appreciate if you would respond to a few other questions that I have related to the two other residential living facilities that are located on each side of my residence. 1) 1 did not receive a public hearing notification for the facility at 1216 W. Balboa Blvd. Since 1 We within 1000 feet of this facility, why was I not formally notified? 2) What is the status of the permit application for the facility boated at 1116 W. Balboa Blvd.? Have they submitted an application, and Is there gang to be a public hearing? 3) Did the lw ty at 1129 Balboa Blvd. submit for a permit under this application process? What is the status? If not what are the plans and }bring to shut them down? Mt. Kill, I appreciate your folow -cm to this Wher. I am a trustrared Newport Beach owner with two residential living facilities on each sale of me and another two within several hundred feet. The density issues that these facli6es create are-unfalr and detrimental to my rights as a properly owner in Newport Beach. I look for the City to alleviate the current situation by mhdmizbng the graft ng of permits In my neighborhood to ensure that these facilities are at least 1000 R apart and only.one facility per city block Please confirm receipt of this email so I am ensured that R has become part of the permanent residential living permit record. Sincerely, Paul A. Lopez 112612 W. Balboa Blvd, Newport Beach, CA 92661 951 - 316-1992 NCR 00317 7-) Exhibit No. 3 Complete Project Application NCR 00318 PA2008 -104 for UP2008-033 1720 wea Balboa Boulevard Newport Coast Recovery LLC City of Newport Beach GROUP RESIDENTIAL USES – USE PERMIT APPLICATION STANDARD GROUP RESIDENTIAL USE PERMIT APPLICATION (Form 100 - Revised March 2008) 1. El APPLICANTIFACILITY PROGRAM INEQMMMN STEP 1: Completely fill out Forth 150 (aftached)- STEP 2: Fill out the following: TYPE OF ORGANIZATION: X For Profs ❑ Nonprofit ❑ Other, please explain: PROPERTY OWNERSHIP: ❑ Own ❑ Rent . X Lease ❑ Other (specify): IS THE OPERATOR/MANAGER ALSO THE LESSEE OF THIS PROPERTY? X Yes ❑ No ❑ If no, please explaire 9 Y'. ,1 ,. DEC 12 2088 CITY OF.NEWPW BEACH IS THE APPLICANT OR PROGRAM OPERATOR PART OF A PARTNERSHIP, CORPORATION, FIRM, OR ASSOCIATION? XYes [I No It yes, Please fill out and attach either Form 2000 (i 2000, applicants must fill out Form 200) or Forth 200P, whichever is applicable. Hay" ProoerOes. LLC Name of Property Owner where facifily is proposed (if Corporation, legal name of Corporation) IGM Coral Caw Lane HuMlnaton &Mh. CA 92649 (Nailing Address of Property Owner) (CRY/State) (Zip) (E-Mad address) I:=. — 9 NCR 00319 3. SIMMM USES A. Your Fun's Current Uses. Do you or Your fsm (or any entity or peen Sffdated with You or your fpm) mm* operate, manage; or own other group residential uses in Newport Beach? ❑ Yes X No B yes. cite addmss(es) of iacility(ies) (altech more pages it necessary)' f234 Main Street. Newport Beach udioerrsed'Sobr+r UmW T Site Address Type of Use Bed COY Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Lisa Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity See Address Type of Use Bed Capacity Sits Address Type of Use Bed Capacity Site Address Type of Use Bed Capadly Sit- Address Type of Use Bed Capecily Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Address Type of use Bod capacity Site Address Type of Use Bed Capacity 10 NCR 00320 B. other SknW Uses. What uses, trot aoerated by or affiGtted with you orya r firm are of a sknilar type as your proposed use here in Newport Beach please eke addresses) of facibAles) (attach more pages if racessary)_ EXAMPLE 1234 Mari Street. Newport Beach Unfiarrsed'Sober t.tvW 7 Site Address Type of Use Bed Capacity Site Address Type of Use BedCapa* Site Address Type of the [ =-Jr Sks Address Type of Use Bed Capacity Site Address Type of Use Bed Capacity Site Adder Type of Use Bed Capacity Site Address Type of Use I Bad [:;apacltr Site Address Type of Use Bed Capacity Ske Address Type of Use Bed Capacity Ske Address Type of Use Bed Capacity ,..f.� Type d Use Type of Use C. Evidence of Need for fhk Exam of Use. Per NBMIC §20.91A. 030 (E), please attach Evldence of capacity and Need by residents of Newport Beach for this capacity based on published sources. ONE��... i.� Per the nxryirernents of NBMC §20.91A.030.0 & H, In the oast We 15) nears, have you or your firm or any entity or Berson affiOW with you or Your firm oPuxated, managed, or owned other group residential uses In Calibmia? X Yes. ❑ No If yes, show the eke address(eS) of each fadlfi ISM) and Show whether the bowies) tows am been h violation of Federal, State or local law (attach addWMW Pages if necessary): 1234 Main snow amb Barb= Mn (ir�sed FaciBv a Street Address, City Type of Use Bed Capacity 11 NCR 00321 Has this facifdy or your operations at this faa7Ry. ever been in violation of State or local law? ❑ Yes. X No If Yes, Please explain: , FaCrYt(yflf 11211eva ?tea BNd NewooRBeach Tra_181111101141 can 4 - Stmet Address, City Type Of Use Bed Capacity . Has fits fadBy or your oPeraWns at oft tacdity. ever been in violation of State or local 6Wt ❑ Yes X No if Yak please explain: FadW #2 Street Addresv; City Type of Use Bed CaPwilY Has this facWty or ymv operations, at tlas factHty, over been In violation of Slate or local lava ❑ Yes` ❑ No ti Yes, please explain: Facidy#3 Street Address, City Type Of Use Bed capacity Has tins focilly or your operations st this facky, aver been in vU dm ot Stale or local lea? ❑ Yes El 140 if Yes, please explain: _ Facfy M Sheet Address, City Type of Use Bed Cape* Has tine b d* or your operadomc at ttis %coy, aver been in vblatlon of State or focal low? ❑ Yes ❑ No if Yes, please explain: 12 NCR 00322 5. LOCATION MAP AND SIMILAR USES Provide a Location MaP showing the location of the proposed we pits all known con AmW uses within a three - block raclus. Include the properly.addresses of the.preposed use and known contlitonal uses. Please cw&A the Newport Beach Planning Department (949.6443225) for nearby corWdbnal uses & 817M PLAN Provide a Sits Plan tint shows the facility s building footprint and property pries. Include property Ones and bulking (ootprtnts on bnmediatey adlacent panxls Note the uses (Le. AVb family uss gawp md*nW use orobW on adjacent Parcels. A. Per NBMC §20.91A030(H), please summarize the Ecense and permit history of each facility applicant or . operator has nom, awned, or operated in the State of Cal fomia within the last five (5) yam which require either a license or a permit by the State or by a locality (atach additional sheets If neceaseryx NswooA Coast Recovery, j LC Name of FhxSity ' 1 ti6 W. t3a16oa B dlv . M22AM Beach ! (Fa°TdY Addrassl (City) Please desalbe the nature of the Ocense or use permit the issuing agency, ps reference number (if applicable), and any enforcement adtons by agency against the licanes or use permit � -:51.• L` �1L il'. I ' ¢1: .L'. - . -4!. r1L1 � U,! '1' .uP ='L. ..:1 L•. B. Has the appli and ever vole terily surreroweci.,tad a denial, suspension, or revocation of a residential lcense for an atcohollsrn or drug abuse recovery or treatmerd facility or a fadle4f ficensecl by the California Department of Aicolhol and Drug Programs (ADP) or the Calibmis Departowdof Social Services -C nmurft Care Lioerairg? ❑ Yes X No If yes, the date license was surrendered, denied, suspended, or revoked: Reason for revocation, sumandar, dental, or suspension: C. Has the applicant am volunfa* marendered, had a denial, suspension, or revocation of a Use Permit or similar Permit for a group residential use In this community or athclfher comet unt)R ❑ Yes X No If yes, the date Use Permit (or similar) was surrender, denied, suspended, or revoked: 13 NCR 00323 Reason for revocation, sumonder, denial, or suspension: D. Has the applicant ever voluntarily surrendered, had a denial, suspevelon of revocation of a certification by any PAk Or PM*Ae SgWW offw then ADP or the Ca fbmW Deparkned of Social flervcss-Commmily Care Ucwwkg for a group residential use in this community or another community► ]Yes -X No it M the data Use Permit (or swam) was surrendered. denied, suspended, or revoked: Reason for revocation, surrender, denial, or &apeng,,= _ MI VZJ'It1 -WTDR Per NMOIC §2091AOWA-0). 01005e POWdS ftJbffW*V iffibrmedon about each proposed Wft (attach additional shests If f110086981Y)- The COMporients of this Section 8 (and cow sections) comprise the Opers0ons and U"We"Ont Plan and RuW Of C0ndW envisimied by NWC §20.91,kOW.8: A. TYPE MALCOM ANDM^oTmWORIJG RECOVERY OR TREATWWTSERVICES PROVMD(tor A0P4censedfacwjeso*—dWft0#Wt&ppW X One-on-Ona Sessions )(Educational sessions X Recovery'or Treatment Planning 0 Other. IL NUMBERS AND TYPES OF FACILITY USERS & STAFF. TOTAL OCCUPANCY OF FACNJ?Y('R&,b the nmdmm mxnbW Of h"uak who he at the ftowwaw are approved by the firs sd* Inspector.) These Individuals include the residents recewft recovery. 174011MOV4 Or 0�kstlon senices, children of the resider ft and doff. Stall Includes Individuals who work for this applicant In wwhar" for either rommiary or Wdnd compensation (e g.. room end board). TOW 0cmWW4annotbefteeedadthr awry reason. MMUM REQUESTED ADULT RESIDENT CAPACITY OF THE FACK." (The number of adult msWents that receive recomy, IrsabrW or detmffmbon services at any one time, Which cannot be WeaW than the total occupancy shown above): IS MAXIMUM NUMBER AND AGE RANGE OF DEPENDENT (SILDREM MO ARE SUPERVISED BY THEIR PARENT(S) 0 THE FACILM. This Includes temporary residing (i.e.. ovemiift weekend vbft) of d"endargoddren (Since #W6 must always beat toast one adult being served, the Maxkn= mmberof d8PwWM dftw lofted must be at least one less than the total occupancy, deferMlirted by the fire inspector, as shown above): Are all eftnts who wide w"ft disabled persons? yn Number d$W who vAR reside on-sibr. 0- 14 NCR 00324 Mannurn number of staff vdro aslf PvMe services during any one week to clients at the facW. $___ Provide the Facility ft flno Form shown as Form 400 to this ApOkstion. TOW number of mnpbysea of provider 8 Please characterize the nature of staff services to the faci ft (Le., nutritionists, message therapists, counselors, maids. cocks, ft): Ctlnkal Dhodor Proamm Director Oats managers awraofats, and sftkOdrwftn o fte SI Maximum number of clients who wil use the facOty on any one day but reside ebmhene: 0 Mmk mm munber et clerd visitors who wit visit the tac8itydwkV any oW.,v e k :3.4 . Maximum number of others who WE visa the faa'Sty during any one week. 3-4 _ Please eirplain: C. BUILDM DIAGRAIMMOOR PLAN Include a Buidng Diagram showing all buidirg(s).to be,o=oed, iinclw irg a floor plan of al rooms intended for mssden& use IwkWe the grounds do" bsdldings, setbacks, driveways, fences, storage areas, pools, gardens,.reaeabonat area and other spaces. All sketches shall show dimensions, :but .naed.not be to scale. Ida" the number of residents per bedroom and the tseadon and the number of beds for ag residents. Inducting the.locagon Of beds for infante and other nonambutatxy persons. The Buitbng: Diagram supplied with this applicaton must be aaurats as to edstng conditions in the butding and must be consistent with the buMOV plans Ou re on fie wth the Newport Beach Building Department for perm kW construction. D. DURATION OF TYPICAL CLIENT STAY IN FACILITY (tr dayo s If you wish, please exichm: E IS THE FACILITY ACCESSIBLE TO WNWALS IN WHEELCHAIRS OR OTHER NONMAABIAATORY CONDITIONS? xYes ❑ No NOTE: The Americans with DlsabMas Act of 1900 (ADA) its a comprehensive federal antdisaYmisatiOn law 15 NCR 00325 for people with disabilities. The Ci;y reminds as Pmkk+s of residential recovery broAtles met disatnination against P write r9sebitities is pmhrlrited. Pl�se arrttact tiewport Beach's Br�dar9 DepaArrwrrt 3275) for for specific ADA requirements that may apply to your facift F. ACTIVITY INFORMATION Hours which Willy will be in use:,PA*WeMs )ive.orr4ite. X 2417 Q OBrer (please deskarbe) WE there be a axtew? If so, please note quiet hcas:1 90 o ra. — l:00 LIII X 10 Pm. - 8 am. X OUiec fptease`de gibe) ���r obwaekaxls la tl otl bsn Besides househoM activities, wtrro types of arre+e led activities w6 oa os W4W, and how many residents and non residerHS iix�d+n9 staff and giants from other bcoves) VAirtterw x'pq• fi Pe maetinss lq Q PtW 'WM yWj etc) X ADP= Treabneat (see SA)` Q odw wesmss (rrt etc) 0 M6W pieparatioNdeAvery _ Q Omer Sts PromAds ttw VIOM kr Sclredete of 8orvicas shows as Form 00 to tlis Appltcatlom M DELIVERY INFORMATION: What types of deliveries will ocax at me facW and how often (per day or per week— code vvtddww Is applic") wil they occur? ❑ Laundry Sevkm: liar or week I X Trash disposal Or re%m1W 2�ME or week Q Meals: 9w or Q Business products: ldev a week Q correspondence, packages (other than LISPS): roar or vvadk 16 NCR 00326 - - u. NOTE: The City MSY not auUanze on -street per" for diems or staff depending upon now impacted the fadWs streets are. "MEDICAL AND 810 -WASTE (see addendum ail) NBMC §6.04. 120 (fealth and Saritallm: Prohibited Materials) pmhiaits the disposal of certain medical waste orbio waste Into the Ciys ranuee dft; poeal'syawn. SptVas; needles, ud"Mysts taps, and od>erwaste must be deposed of In accordance wtIh the NBMC and direr appicaWe taws. if you are unowtainas to what wastes can be disposed of In the City's disposal system, contact the Ob/s General Services Deparbnent at 949444.3066. Appficarhts who will be disposing medical wade or other bio- waste must provide a Diaaos'al Pram far MaAirei M4 Qio-Waste showing haw and where these wastes are disposed of (requited by NBMC.§20:91A030.1) Please attach the DkpmM Plan lappWabie. if YOU have theral. PWe include any documents that desaft mks of diem oaductandtor GW Ad WNW P44066 that your facility's gaff and diems vhil adhere to if the Clty issues a Use Permit for the faCi ty. The Oty of Newport Beach has developed Good AlaghborPrincoks for these uses (see the City's websda under Group Residentiat Uses). Please sate W hodw YOU 89100 vntnrdariy to com*wth the City's Goad AeaghbarPYirr*AM X Yes [],No K. OTHER AVAKABLE CERYWICATKM NEW g20.91A 05tl.CA directs that aWmnts Shalt sawn cwdcw oe(or &nwvaidation), where antlebta, from s goveM medal sgensy or wiow mn pmm "pninom Tw imdudea: • The Orange county chuffs Depamnews Orange CounlyAduftAlcohol and Dng SoborLmQ Facilities Certification Program (am www.oced gm for more h iormaton or contact Cmtieriate coordinator LL Jeff 8ard,* at 714 - 773.4523 or or Mango Grim at 714 - 773.4521 at This MW cation Is required. • The Orange County Sober Lym9 Network (see http M ww. soberhousi tml or contact Grant McMiff at 714-87rr2954. This certification is recommended. You do not have to attain the OCSD oertfio bm to apply for a Use Permit but we suggest that you attain the cerunccation within a reasonable amount of mm (twaka [121 months) tokm*V your application subrr". Should a Use Permit be Issued, it may inekade a condition #helot cwffca Wn be obtained wOM a stated time period. If you have attained M owffoaton prior to ap*ft for the Use PermiL ve* here that you have attained the cerdftcation . and attach the verffyhra dowmsrd from the ceAitpV entity. ❑ Orathge county Adult alcohol and MW sober Uvh g Faciues certification (required) O OrMW County sober Living Nehrark (reconrnended) X Other (please describe) W an ADP r i etwa.h Tim mbm rastltorhed ewtif eatoa is oW for Sober LIihrkm Fah 18 NCR 00328 L. SECONDHAND SMOKE LIMITATIONS NBMC §20.91A.050.A d sects VW'no staff, clients. guests, or any other uses of the laft may smoke in an area fmm:wtr4h the secondhand smoke may be detected on any parcel orirer'than the parcel upon which the facilby Is located. Check and sign here to adowwiedge thk requirement and your use's adherence to it X I acknowledge that 1 will cmW secondhand smoke an my facility such that no secondhand smoke may be detected on any parcel other than the parcel upon which mytadity is loaded. Signal re: Dote: Jea Qf}aCf 9. APPLICANT O�LKiATK1N8 A. The'owvW of record'. of tits property or an authorized agent must sign tots Applic"M sigrocoy One applicabon under Section 10 means riot the applicant certifies, under permty of perjury. thatthe information provided *thin the AppfcaUon and its atbrchmanls is true and correct. Per N13W S 0.90.030.C, false statements are grounds for denial or revocation. B The Applicant acknowledges that he or she must comply wm all otter Federal, Stabs, and local laws and regulations Mdatng b this use. The Applicantundestertds Dal a vblaton of Federal, State, and local lows and regulations is grounds for mmca0on of the Permit The Applicant understands and acknowledges (haft is against Cdtdrrda law to provide "aliment (as defined) it an unlicensed beet. C. If the City Issues a Use Permit based an the irdomudlon provided in fhls Appicatorr, do AppicanTs sigrmhae below coddles his or her agreement to comply with ritetorms of the Use Permit The Applicant underslarids and ackno Mledgm that with the terms of the Use Permit is grounds for revocation of the PentL RevocaWn Otitis Use Permtt. NBMC 620.96.040.E WoMes that the City can revoke a Use Permit t: • 17te, pemtt- wasis, ued' urxkrartoneousinformationormisfeprosMMtfon ;ot • The appkard.made a false or misleading slat ruin t d material foA,.or onuted a m al eriat.fack or • The conditions of use or otter regulations or laws have been violated: or • There Ins been a discamtnuence of use for 18D days or more. THE UNDERSIGNED ASSURES THAT THE INFORMATION PROVIDED ON THIS APPLICATION 18 TRUE AND CORRECT AND THAT THE APPLICANT HAS READ AND UNDERSTOOD HIS OR HER OBLIQATKW UNDER ANY USE PERMIT ISSUED BASED ON THIS APPLICATION. A_ If the applicant is a sale proprietor the appiwtiat sham be signed by the proprietor. B. N the applicant is a parbtership, the application shat be signed by each partner. C. If the applicant Is a firm, assocaiiabom, corporation, county. city, pubic agency or other govearnw l erdity, the application sham be signed by the chief executive officer or the individual legally responsible for represertmng the agency. D. The appicar4s) affirms flat the facia contained in this application and supporting documents are true and correct WMA (Date) 19 NCR 00329 ❑ Orange County Adult Aloohd and Drug Sober Living Faci ities Cer4'ficaUan (required) 0 Orange County Sober Uvft Nehvak (recommended) L SECONDHAND SMOKE LIMITATIONS NBMC 520.91A.050A directs - that'no stall, chants, guests. .or. area other uses of the facBhTy maysmoke in an area from wfHdch the secondhand smoke may be detected on any parcel cow than the parcel upon which the facility is located. Check and sign here fo agmpwledge this requirement and your use's adherence to t . X I acknowledge that 1 will control serbndthand smoke on my facility such that no secondhand smoke may be detected on any parcel ad /ley P5 parcel-up pn.which my facility is located. Sigrwtune �C�j' Lam^°; Date: y . �0 A .The ,'owner, of.necard of the property or an authorized agent must dgn this AppkaWm Signing the application under Section 10 means got Ow gVllicait certifies, under penally--of pe4ury: that -the Worrnation Provided within the Application and its attachments is true and correct. Per NBMC §20.90.030.C, false statements am grounds for denial or revocation. B. The Applicant acknowledges that he or she mhut comply with all other Federal, State. and local laws and regulations retailing to tats use. The Applicant understands that a violatauof Federal, State. =W local taws and regulations is grounds for revocation of thepermiL The Applicant understands and acknowledges Mat It lie: against CdfUMb laW to provide tesbyed (as defined) roan unkwisW faci t y. . C. If the City issues a Use Permit based on the Wermaton provided In this>Appteafionr.fhe App'laWs signature Wow cartifies hie or her agreement to comply with the,terina.of the Use Pemhli. The Applicant u derstends and add l dio edges that ion - compliance with thiterm of the use Pam* is grounds For revocation of the Perm Rsvocaton of the Use Pam-AL NBMC 120.98. 040.E provides Mat the City can revoke a Use Permit if. • The permit was issued under erroneous kdorrnmton or misraprearuntsti or • The applicant made a false or misleading statement of malerial tact, or omitted a mate fact; or • The.condi iom of use a other ieguiations or laws have been violated; or • There has been a discontinuance of use for 180 days or more. TMZ THE UNDERSIGNED ASSURES THAT THE INFORMATION PROVIDED ON THIS APPLICATION IS TRUE AND CORRECT AND THAT THE APPLICANT HAS READ AND UNDERSTOOD HIS OR HER OBLIGATIONS UNDER ANY USE PEPJAIT ISSUED BASED ON TPA APPLICATION. A N the appkM is a sale PrOlI ietor, the application shall be sued by the propdelcr. B. if the appilcam is a partnership, the application shall be signed by each partner C. N fie applicant Is afire, association. cmpotafion„ county. sly, public agency or other govemmental entity. the application shat be signed by the ctlef owulim officer or the indi ftml W90Y responsible for represerhtithg Me agency. 18 NCR 00330 (3- s) atfwns thet'the hcW oontsined in this appikation and supportng dooements are truenrd correcL �2 a� (Signature) (Tale) (Dates) 19 NCR 00331 oo Nkp e+ Drug & Alcohol Residential Treatment State Licensed Court & Probation Approved Professionally Licensed Clinical Staff Newport Coast Recovery enforces strict rules on smoking. There are two smoking areas that are a common area inside the property. We do not allow our clients to smoke, hang out, of walk around in the fiont or rear of our property. We have designated ashtrays where our clients dispose of their cigarette butts. We walk through our property every hoar to insure that these rules are being enforced- Failure to follow these rules may result in the client being discharged. It is very important to us at Newport Coast Recovery that we keep our property looking nice. We care abort our neighbor's and environment and will do our best to make it a nice place to live. Newport Coast Recovery, L.P. 1500 W. Balboa Boulevard, Newport Beach, California 92663 1.949.673.3097 • 1.800.990.9691 • Fax 1.949.673.3098 www.newpWcoastrecovery.com NCR 00332 NEWPORT COAST RECOVERY •OPERATIONS MANUAL PHASES DESCRI MON•OF CLMT RESPONSIBRJTIES FOR EACKTUASE Phase q (1 to 30 days) I . Client will be on the "buddy system" for up to 7 days after admission 2. Be responsible for making one-on-one appointments 3. Write and present significant history (step 1) within 14 days of admission 4. Attend and complete all groups and written assignments. 5. Complete and present spiritual concepts (steeps 2 & 3) prior to moving to Phase IL 6. Obtain a sponsor 7. Petition staff in writing for advancement to next phase. Phase H (31 to 60 days) 1. Clients will attend all required groups and one- on-one counseling 2 times per week around worktschool schedule (If Applicable). 2. Be active in the local 12 -step community. 3. Petition staff in writing for advancement to next phase. Phase III (61 to 90+ days) Clients in Phase III will determine their treatment plan on a one to one basis with their twonselmr. 12115/032:43 PM NCR 00333 NEWPORT COAST RECOVERY OPERATIONS MANUAL PROGRAM MISSION AND PHILOSOPHY STATEMENT Our philmphy is to.give peoplevrho suffer from alcohol and drug addictions a safe, sober environment to live, and to -learn about the disease of alcohol and drug addiction. Offer them the opportimity to succeed or to fail with dignity. At the same time making every effort to assist them in maintaining a positive attitude, and continued abstinerm while gaining a foothold in sobriety. 12t151032:43 PM NCR 00334 NEWPORT COAST RECOVERY OPERATIONS MANUAL DRINKING AND DRUG USE POUCY No drinking of alcohol or ingesting of over the counter medications (including mouthwash) containing alcohol is allowed for any reason. Any violation of this policy will result in the immediate discharge of any participant with a referral to an appropriate detox or other recovery service for minimum of 72 hours, This same policy applies to any illicit or prescription medication with euphoric or mind altering effects. Any use of such a drug will result in immediate discharge. Certain non- cuphoric medication, prescribed by a medical doctor, who has full knowledge of the clients alcohol and/or drug problem, for life sustaining purposes, may be allowed with prior approval by the Program Director. 12115103243 PM NCR 00335 NEWPORT COAST RECOVERY OPERATIONS MANUAL CRITERIA FOR ROOM REVIEW No towels / linens or personal dothing on the floors. Bed made and personal space in order .. No food in bed or bedroom. No electrical equipment left plugged in bathroom No paint:or "spin able?' materials in the apartments Chores) Completed Room review(s) will be held every day. 12/I.W32:43 PM NCR 00336 NEWPORT -COAST RECOVERY OPERAMNS MANUAL STAFF TRAINING In order to continue to best serve the needs of participants, staff is to receive training in subjects, which will improve or expand their capacities. At a minimum, eac]u member of the staff; shall receive 72 hour of training per year. Training shall be approved by the Program Clinical Director and be logged in the staff file Any certified or licensed personnel that need Continuing Educational Chits, must keep.an updated copy of CEU's in their personnel file. 12/151032.43 PM NCR 00337 NEWPORT COAST RECOVERY BA :BOA BLVE HOUSE ADMISSION AGREE14Lry I Conditions of Admission In consideration of the admission of as a diem to Newport Coast Recovery, the undersigned agrees and consents to the following . Conditions of Admission and agrees to be bound hereby_ Rules and Regulations Client promises to comply with the ndes, regulations, and directions of the facility and its staff while the client is participating in this program Client acknowledges that such rules, regulations, and directions are formulated and applied for and in the best interest of the client, the Program or treatment in which client is involved, and other cheats in the program- Personal Valuables, It is understood and agreed that while participating in the program at Newport Coast Recovery, the facility shalt not be Gable for loss or damage to any money, jewelry, glasses, dentures, documents, clothes, or other articles of value. Property Damage Any damage to or loss of facility Property caused by client wilt be billed to client's account at the cost of repair or replacement, The undersigned certifies that he has read the foregoing, accepts the conditions, and has received a copy hereof; acrd accepts binding terra hereof. Signature Witness Date Revised 12 -27 -99 MD NCR 00338 NEWPORT COAST RECOVERY DRUG SCREENING When alcohol and /or drug screening is deemed appropriate and necessary by the program director or a designee, the following guidelines shall be taken. 1. A refusal to do ORUGCMECK 4 shall be deemed a 'dirty tesi'and the client may be discharged under the relapse policy of NEWPORT COAST RECOVERY. `2. The staff shall use the DRUGCHECK 4 test kits and-follow the guidelines as stated on the package. Only staff members that have been trained may administer DRUGCNECK 4 testing. 3. The staff - member must witness the client pass urine into the cup as to make`sure.there is not other source for the urine. 4. AN test results, either negative or positive; shall be n_ oted on Drug Screen form and placed in client file. 5. A'dirty test` is a relapse and shall be handled by NEWPORT COAST RECOVERY. 6. if a test tis dirty and the client states that it is an error, he may, at his expense. pay for another test [$25.00). If, after the second teat his is 'Glean' his money will be refunded. If the test remains 'dirty' there will be no more test given and the client will be handled under the relapse policy of NEWPORT COAST RECOVERY. NCR 00339 NEWPORT COAST RECOVERY OPERATIONS MANUAL PROGRAM DESCREMON GENERALDESCRIMON:. Newport Coast Recovery is designed -to serve adult urea with alcohol and drug related problems. The program is built on a residential recovery/neetment model with signi5cant social model features. Newport Coast Recovery offers a two-stago approach with 90 days of intensive treatment initially, followed - by:afkroare and-fnniiy grow. An alcoholldntg' free 'environnent is maintained at all tines. The program consists of the.following: Morning Goals Group Each morning clients read daily meditation and then are asked to reflect on ft and share their interpretation'wtli the group. A goal "for the day-is then identified. Chemical Dependency Education Group In this_groW a variety of topics we discussed in a,rotation basis. Clients are educated in the areas of disease of chemical deperudency, cross addiction, education to I2 -Step support groups. and otter informative. subjects to' help: the client develop and improve;their dysfimctionei living patterns. Contiaeed Sobriety htformation is presented regarding signs and symptoms ofrelapse and the clients are encouraged to identify aud"sham possible alternative behaviors. Individual Journal Writing Clients are to write about individual situations to help thaw identify thoughts and foelirW in order to assist them with new insights. Proem Group This groups meets weekly, in conjunction with Topic Discussion. The approach is inieractioml std members are encouraged to talk about problems they have and give feedback to others. The group emphasizes interpersonal relationships and sharing feelings. Topic Discussion This group meats daily, in conjunction with Process Group (See Process Group) t2l15/032A3 PM NCR 00340 NEWPORT COAST RECOVERY OPERATIONS MANUAL SIGN tN10UT o Clients must sign out when leaving the premises and sign in upon return. o Clients with a work schedule must post their hours in the sign in/out book. When shed is complete the page is removed and placed in the clients chart under Ivfiscellaneous. 121151032:43 PM NCR 00341 NEWPORT COAST RECOVERY OPERATIONS; MANUAL STATEMENT OF PROGRAM OBJECTrM The goal of Newport Coast Recovery is to provide a safe environment for which teeoverimg alcoholics and addicts-wiil experience a sobcdclean fitactioning lifestyie, and return to the community as a rcsPomsible alcohol/drug-fire. individual 1. Educate all clients to the origin of their dmWalcohol problem, and provide a solution o those Problems. 2. To get and keep seventy-five percent (75%) of all clients sober /clean for the duration of the program. Random urinary drug screens will be performed to help maintain am alcohol/ free ettyimntuumt at all times during residency. It is apse is a reality m�the best of programs. It is the intent of the that ref and remain sober. Program to not turn anyone away that wishes to get 3. Sixty percent (60 %) of clients who stecessfuily complete the Program will remain cle twelve 1Av/e- er for up to one (1) yew, As treasured by self -report and follow -ups at six (6) and (12) months after completion for those Who can be reached. 4. uSeventy (70%) of our clients shall either gain employmM or participate in ftather education pon successful completion of the program. Forty -five (45 %) to remain employed or in school as measured by Self Rport and follow -ups at six (6) and twelve (12) months after mpletion for those who can be reached 5. Ninety (0'A) of all clients is the program for mote than thirty (30) days shall have no new ty resulting in a conviction, excluding minor traffic offenses, during treatment. NCR 00342 NE"ORT COAST RECOVERY OPERATIONS MANUAL SERVICES The client shall receive a living facility for 90 days while the client is in treatment Client shall receive lectures on alcohol and drug abuse, relapse prevention, life skills spirituality issues. The client shall receive morning groups, afternoon groups, one to one clients who have g iduated. and aftereare for The Program is buPh on a residential recovery/treatment model with significant social model features. The Prog'am shall provide services to ensure that all prograrn participants develop recovery or treatment plans, Newport Coast Recovery does Provide food for clients and does provide the facilities for clients to prepare their own meals. The program shall provide Bedding The Program shall Provide Cable TV The progmm .shall provide Telephone services - The Program shall make available a gym The Program shall maintain staff on site 24 hours a day, seven days a week. NCR 00343 NEWPORT COAST RECOVERY Alcohol and Drug Policy Statement This is to oe rtify that Newport Coast Recovery L.P. is an alcohol MA drug free environment, therefore no alcohol or drugs will be permitted at anytime in any case. Both clients sad staff are required to be alcohol and dntg-free at all times while at the premises of Newport Coast Recovery. NCR 00344 NEWPORT COAST RECOVERY OPERATIONS MANUAL ADMISSION PROCEDURE 1. APPlicationfor admission is made to the Program Director. 2.. A'personal'interviesv is scheduled at that time. 3• Atthc time of the interview; a complete: assessment of the individuals need for recovery services is tirade; including an alcohol, and drug history. 4. Applicant is briefed on the admissions agreement and any other required forms 5. Applicant must pass drug - screening test. 6. Full payment for treatrneot is required at time of entry to the program, 7. If the ability/willingness to pay does not exist, the individual will Obtaining a referral for county funded services. assistance in NCR 00345 NEWPORT `COAST RECOVERY OPERATIONS MANUAL MEALS Newport Coast Recovery provides the ficiliiies for.residwts to prepare their own meals, as wall as mmftional information in' accm*we with'the food guide pyramid so . that residents may maintain a well hafted diet. There are copies ofthc.food guide "tumid as well as sample menus posted-in'the lataheus of each resident's apartments There are also markets, other restaurants, and fast food stores within walking distance of the facility. 12115/032:43 PM NCR 00346 NEWPORT COAST RECOVERY OPERATIONS MANUAL RULES • No overnight passes within the first thirty days of admission. After thirty days clients may request one overnight pass per month. After sixty days clients may request two overnight passes per month After ninety days, clients may request three overnight passes per month. Overnight passes must be requested in writing at least 24 hours in advance. A request does not guarantee pass approval. • Absolutely no stealing will be tolerated ('including cigarettes, food and clothes). • Borrowing or loaning money is not allowed. • Get along with and be considerate to fellow residents. • Clients aue'notaDowed to ficquent bars or nightclubs. ' • No smoking is allowed in Newport Coast Recovery buMings — smoking is only permitted in designated areas: • No sexual contact will be allowed upon the premises. • Friends may visit 6e house with the permission of the house manager. Visitors are confined to the de*nated'viskh ig area and are not permitted in the apartments. No visitors after 9-OD p m. All visitors must check in with and be approved by the manager. No overnight visitors. Visitors are not allowed, to participate in recreations or workshops that are held during visiting hours. Visiting must not conflict with scheduled group times. • All cheats amst be1blky and property clothed (Le., shirts and pants or shorts) in the living troam, kitchen; a l yat Clientmust vVear shirt and shoes when corn ng in to the office ` -No clothing endorsing alcohol, drmgs, er with explicit themes is permitted. • Evei o needs to help peep the house neat and clean. Chores must be done daily or mote often as ritetlat: Choi= ate to be posted on your apgatnent refifigerator and willIeduniged weekly. There will also be a complete house cleaning every Saturday. • You must do your assigned chores; make your bed. and clean your room daily before 10:00 am - period[Dirtylasmdry must be properly put away (out) of sight at all times. • Cleanup after yourself in the kitchen area Wash, dry and return house utensils to their FWcr place, • The telephone is for your use only Only the local 711114rea tale can be dialed free: Please be considerate to your housemak s and limit your calls to ten mimttes if others are waiting to use the telephone. Telephone will be turned off during house meetings. • The telephone must be answered " Hello" not anything dse Do not volunteer any information about other clients. Myou take a message for another cliemy please be courteous and record the message in the appropriate place. 12/151032:43 PM NCR 00347 NEWPORT COAST RECOVERY OPERATIONS' MANUAL RULES • Total abstinence fiom all mind altering chemicals and drugs, including alcohol. Anyone caught violating this rule (by the house manager or another client) will be told to leave, the facnity. immediately. • Clients will submit to a mine analysis upon staff request. Refusal to submit to a urine test will be considered a positive and therefore grounds for discharge from the program. • Any prescription prover- the - counter drug or medication must be tumed in to the office. • For the first ninety days following admission, clients are.required to attend, at least one Twelve Step mechng wry day (including required house meetings) an&must dolt attendance on a Newport Coast Recovery attendance card. After the.first ninety days, at least four Twelvo -Step, meetings. per week are suggested. • You are expected, as a part of your treatment piety to attend all groups as so assigned and to be punctual. Your participation in all of the activities is highiyencouraged. You are considered.late five.(5) minutes after the designated starting time of each group session • A daily schedule of all groups and activities is posted on the bulletin board and available ,finm.staff. • Clienb are :required,to work the first three steps of recovery, and present,dxm in-group or with their counselor as apart of the first phase of the progam. • Clieffis.are required to get.a sponsor before entering phase, two,of iheir.progttm and work the remaining TwelveSteps of recovery with their sponsor. Sponsors. are welcome m the house. Be prepared to identify yew sponsor and.to discuss your progress with upon request. • Curfew hours are 10.00 p m. Sunday through Thursday, and 1 0.100.? •. Miridary..w4.Sat!urday.. Specidirrangements can be made with the boutse manger m advance for special circumstances. • lights-out at 11:00 pm. Sunday Thursday and midnight Friday and Saturday • No personal TVs or radios am allowed without permission of the house menage✓• • No loud music. Stereos can only be played at reasonable level sous not to disturb roommates or neighbors. After 9:00 p.m. headphones must be used. TV's will be tiffned off between-the hours of 8:00 am and 5:00 pun. • Quit time is observed from 10:00 p m, to X00 am- daily. People that work deserve consideration. 12115/032:43 PM NCR 00348 NEWPORT COAST RECOVERY OPERATIONS MANUAL RULES • No holding or traffieldng ofany drug or paraphernalia, or anything else thatmight be suspected to be illegal: • No racist, sexist or foul language or propaganda will be permimed. • No weapons or violence or threats of violence will be permitted. • Newport Coast Recovery is not responsible for your personal property. Any personal property not removed at the time of discbargc will be disposed of • Clients must respect, take direction from and support the house manager and staff. • Clients are not allowed to have 'computers or video games. • ALL VISITORS MUST CHECK IN AT THE OFFICE: ANY UN- AUTHORIZED PERSON FOUND IN THE APARTMENTS WILL CAUSE VIOLATION FOR WHOM EVER THEY ARE HERE TO SEE. SHOULD A SECOND VIOLATION OF THIS RULE OCCUR THE RESIDENT MAY BE DISCHARGED FROM THE PROGRAM. • ANY CLIENT COMMITTING VIOLENCE OR THREATS OF VIOLENCE AGAINST ANOTHER CLIENT OR STAFF MEMBER WILL BE DISCHAF FROM THE PROGRAM • ANY PERSON BRINGING DRUGS OR ALCOHOL ON THE PREMISES WILL. BE ASKED TO LEAVE IMMEDIATELY, AND WILL NOT BE ALLOWED TO RETURN UNDER ANY CIRCUMSTANCES. • THESE RULES WILL BE ADHERED TO ABSOLUTELY TO ENSURE THE SAFETY AND SECURITY OF COASTAL RECOVERY LIVING CLIENTS. 1211 S/M43 PM NCR 00349 Staffing NEWPORT COAST RECOVERY ,OPERATIONS MANUAL RULE VIOLATION (S) THERAPEUTIC INTERVENTION rvame I wulenmed that I -haw a "am do telh tae I don't have one. I also uDdewmad that i an here to accept the help and dh=tim given. I also utlalustmed'I have signed eo.agteanent thatis to help me stay sober and that if 1 do no keep my end of that agraaeent [ may be written up for such violarime. I am not bad ftylog to gd go4 f have mt eddfedw and am uying to get woU. I understand that thins is a dm*wuiie .' .. intervention help me recover frma my ad&tioo. .. let Violation Dkmd a Given Client Initial Staff Initial tad Violation Dkedion Given . client Initial staff b itial .. 3rd Diteaim Given Client Initial Slufflnftia[ 4th Violation This is your foarth violation; you may be subject to thempe ntic discharge at this thne if staff doom it necessary. Date ! / Staff signature Client signature NCR 00350 Hr�W �T C\ CORr"~ CITY OF NEWPORT BEACH NENPORT COAST RECOVERT ACCOUNT NUMBER: 2730001669 1500 N BALBWL BLVD STE 204 1>EM 10 31 PORT RZACS to EXPIRATION DATE: / /2009 92663 INSTRUCTIONS AND CONDITIONS Weleolbe to the City of Newport Beach, and thank you for your buainess tax payment. This business tax certificate is evidence that the named business has paid . a tax to conduct the business activity designated, within die Cfty,of Newport Beach, until the expiration date shown. Please notify the Revenue Division immediately if any of the Information on the cortficale changes. Ths certificate is valid only at the address Indicated and must be displayed is a conspicuous location. N your business Is not conducted at a permanent location Municipal Code requires that any representative, while transacting business within the city, carry INS Certificate. This business lax certificate does no' autforize the named busness to conduct any activities regulated by the City of Newport Beach or other agencies. Authorization or such activities must be obtaznad from the appropriate departments prior to application for business tax. Car i ficatea are not transferable to any other party or person and are not pm- fated. Refunds are not provided once One certificate has been issued Your business tax certificate fa valid until the expiration dale. and must be renewed annually pinor to Met data Changes fn We of ownership (i:e. from a sots proprietorship to :a partnership or LLC), nature of business, or ownership void the current certificate and require filing of and payment for a new application. Additional cartiflcates are required it additional types of business activity are initiated at Me same address, or additional locations of the same business are established (Municipal Code sections 5.04 through 3.08). For your convenience. the Revenue Division wffl mail a courtesy renewal notice: prior to lone expiration date, to the Nting address of moor& Non9eosiptof the notice does riol.allevlate the requirement to ranew. Penalties are Imposed for late renewal at a rate of 25% per month to a mazlmum of 100% of the base tax.. The Revenue Division is available to answer any questions regarding b'.,sfness tax certification and requiremer�. Call (049) 6443141.0-mal us at RiwemreHe1p41a1y .rnewpon•l:oaCt+.ca.us; or visit onthe iMemet at "view the Municipal Code ai4fna. DISPLAY CONSPICUOUSLY AT PI WE OF BUSINESS FOR WRICH ISSUED CITY OF NEWPORT BEACH BUSINESS TAX CERTIFICATE THIS 'I'AX PAYMENT EXPIRFS: ;0/31/2009 ACCOUNTNUMBER: BT30001666 SERVICE ADDRESS: NEWPORT COAST BECdVBRT 1216 EALaDA BLVD R NEWPORT Sum CA 92661 BUSINESS CATEGORY: =SC PERSONAL 6708 SELLERS PEP -MIT: NO OULL R3 PMWT s x OWNERIPRINCIPAL NAME: PERLIN, RICS"D OWNERSHIP TYPE: . .. LINIM LIABILITY C'OMPANT TAX INCLUDES PAYNIE.NT FOR: 1.00 ZWPLOY$ES DATE OF ISSUI;. 10130/2003 PRINT DATE: 11/18/2005 NCR 00351 N C2 W CS VVK M c; azw f N I 1� NCWFOfrCOdS7ref Y. ffYGFi 4r -Ff JWZ Z -I CSI �a u -I t NCR 00353 CITY OF NEWPORT BEACH GOOD NEIGHBOR PRINCIPLES Qogp RaaidenAd Una Banding and Toning • We adll unly rem or lease properties that ate current with petrum and have legally - habitable dwdit onin. To'ensumm this, we will obtain a Report of.Regidead2l Building Records (RBR) from the City _ prier to setting or leasing properties. We vifl bring the properties into fu➢ mmpllsom with any .. deficiencies in the RBRs and City codes. We will not Lease or rent soy property until it is is fall compliance. • We and our contractors vM am do work without pennies. nor allow our property owners to do so on our behalf. • We will not make habitable spate out of non - habitable space. We well not place a diem or stiff in a unit approved only to be a guest unit for temporary occupancy. • We will respect and sActc to my recorded covenants or agreements that hold any leased or owned or rented property for use as a single family dwelling site. We'wW det®ia if such covenants exist on our properties prior to our leasr, rental. or purchase of any propeny- • We recograme that our properties have gxcific setbacks from the sulcyards, front Yard, and/Of back ..yard per the City's Building and Zoning Codes. For the heath and safety of cur residents and for aesthetic reasons, we well keep time setbacks cleat of obstruction, including building obatuctioo. Ile orderly storage of trash cans is acceptable in setbacks. • We will comply with die UadfD= Building Code (UBQ and the I= Matsbars interptemaod of the UBC as it relates to the heath and safety of residents of a group occupmry. • We will not duster out fictilides in sped8c areas; blocks, or a cighbothoods.. • We will seek and atmin whateverlianaes or authorizations from the City no required for our lend use • We will Lave enough staff to appaately nanage our facility, we Wdl limit our staff to bat exact number to avold ovetmkdming our fad8y's ndgbboihood with cars, shuttles, rash rata, or otter aspects of a b4o"affcomnercid me in a residential aeigbbothood. . E ivinsdng Nuisatum • We wt'fi provide the City with a comet name, number, mad o-mml to address neighborhood and City concerns about each specific sin's opeariom_ • We evddt keep lids on our nosh tbnwiaas sad maintain them In a manner that duranstes trash overfiow. If we use so many leash cans that we ocqudm commercial servdee (as demmvned by the City's mfum division stain, we WE secure commercial bin service • properties shall not be unsafe, unsig * or poorly mainaiM& If we receive a nuisance violation from the City in regards to either of these issues, we shall correct the violation within (n seven days or contact the Gty drecdy to negotiate a mmaafiyageeeable bulth se. • We will respect the quality of lilt and neighborhood character of the community in which we choose to rent or lease property, and shall direct that our residence do the same Noise & Neighborhood INmuption • Iewd bebirmor or lewd speech shall not be tolerated at our properties. Residents shalt receive one warning for the use of lewd behavior or lewd speech. At the time of the 2,m use, the resident shall be ngaired to leave the facility pemmendy mad not aWwod back on a subsequent renal or any many of our managed properties in Newport Beach NCR 00354 • Profanity spoken or yelled at a lead beard by ncohosing residents shall not be tolerated by our residents — residents shall receive nor, waraiog for the waeof profanity. At the time of the 2^a use, the residents shah be acquired to leave the facility pemtaneody and not allowed back on a subsequent rental or stay at any of our managed ptoperdm ia.Newport Btoch. • We will not loiter in alleyways nor gather outside our facilities in a manner dumprive to oar ncighbas. • in the event of a physical altercation between staff and residents or rea'vkms and resi&nt% We will investigate immediately. At the time of the V alteration, the resident or staff member shall be socirawd to leave the facility permanendy, no not allowed back on a subsequent rental or stay or staff position atany of our managed properties in Newport Beach: -. We wall atti�ody adhere to tM flip's Hoist ctsudaids. (I.MW §101&025;1026.030j. °^• .?Am m gp a gatherings in ohtt fadities will nOni zt dapping, stomping, cr other uoiaes ooashrent with NBMC §1026.030. We will develop and apply gjkt methods of eelebtaft oar readmts' successes. - •smoking slbW persons to smoke on out propcmca, they shA do so in a mmom that does not send seeoodh"d smoke to adjacent residracea' doors andwwdows of onto neighbor%' °°°'pled patio areas. • We recognise that cigarette butts ace unughtlyEtterwheai notdtsposed of properly and can end rip in our ocean We w& not allow oar diems of residents "to leave:cigzrette buns on dent ground, floor+ deck ddewalk, gutter, or street We will direct that the littem pick the bum up whey we are him wr bet fineing. • We and out teWents will respect the City's Prohibition ag&m' g smoUng on beadms, tho oceanfront walk and other'pablfc.places.. PaiGm vWatiog NBMC §11:08.0 mbdog to smoking oa the bn b and other public places -are subject to ciortioa if they an cwt rcd&n%they whll be warned ahce dun =moved ftom the fiaTity permatsendy for a second violmioa. Beaches and Other Common Gathering Areas .. We _recognise - and will demand the same of our residenn — that the public beaches are typia0p places of ghdct retteatim foc all of us. Our use of the beadles £m moetrags, pnrp4 cronvesatan, o other gatherings shall show due respect to noo4ca bent vWtM. residents, and odurbeadVeM then allowing them to take full enjoyment of the beach. • Wevill oat conduct business m the beach (per NBMC§10.08.M. Transportation, Paddng cis Deliveries • Out transportation drives shall respect all Cary take regarding psding sad /or stopping and waiting to bad residents. Drivers shall not block neighborboud traffic not sky° not odic smdenpW driveways or ptages. Ddvm sW not Idle their vehicles beyond 30 sccw& sot leave vehicles do reverse gear if reverse has an audible back-up warning sound. • Drives shall speak to residents at a kvd protective of neighborhood peace, cegaizam of the hour, to avoid wakiog neigbbots. • Deliveries to am facility shall ody be made between &30 am and 500 pm. on weekdays and not at all on Sanudnys or Sundays, unless urgeody necessary. • We will develop sad enforce a parking plan for our staff members or our residents who have vehId". • We sball ensure that all garages, parking spaces, and cstpoM on site are open and wed for padkiog • We will devebp and enforce an access /route plan to and from our facility for stag mad residents *0 respects the local neighborhood We will review anti wck approval of this access /touts plea fray tlac Qty's traffic et on"iog department. Argo 2 of -1 NCR 00355 State or County Licensing • . We will not coadoct activities dut requite fionnate by say Stan or County Agency in an unficeosed 6'e fity. • If the services wt provide to our residents m dieats hawdwe setvkestegntsted by two or more l mdjlg eateries ( dual disgnom") we shill get the appmpaste boenses to treat each disorder or disability. Servim to out Clients of Residents • We will Use oat iedasrry's best pmm.ces to amore dut our diem or residence stay in recovery (mdad -g xhtdukd testing„ tandom wsung: mqu=d- morudam)• We wilt ensure that my dimt of resident removed from oat ptogsm or ficifity hm.the vesoutces necessuy to get home We ate tegmny -hk fot au dente or tesidems' ardval birch at their home city or saatc. AGREF ENT WITH CPI'Y OF NEWPURT BEACH GOOD 1VW14O iBORPRI1VCIPLBS or name of.organmfilon); state mm- 61 faint address) in P•Sr i efi mature) (Date) NCR 00356. Additional Information Please find enclosed copies of the . "DUI ARRESTS" section of the Daily Pilot. During a t0 week period there were over 115 people arrested for DUI in the city of Newport Beach. Out of the 115 people arrested, 43 were permanent Newport Beach residents. DUI's are obviously a chronic problem in Newport Beach—although not surprising with over 450 different licensed vendors of alcohol in the city. NCR 00357 Print Version:: hV: //www.dailypilotcwWar icl eV2009 flOM71P*IicsafetyldWdpt -dn.. Dal♦ ♦ ly- Puh Wkd Tunny, OCftff 7, 2W 1a17 PY POT PW*sdety DUTARRESTS Editoes,note. Thew 'peopla, have been arrested on'suspWon, of ddit underft hMuence of an intoxicant As wO all suspects, May are considered tnnoc9W until proved gUW. NEWPORT BEACH Sept. 30 Olga Resnick 22, Santa Ana Thursday Chanda Parrett, 31, Also Viejo Jaqueine Solom, 22, Huntington Beach Friday Buhmro Ramirez- Castillo, 28, Placentia Robert Madden, 39, Netiort meacp Ryan Hadley, 22. Medford, Ore. IGmberly Coleman, 38, Irvine Saturday Kimberly Fanali, 38, Westninster COW Patr7ok.58, NawpmtBanow George Chesney, 48, Anaheim Nashmn Yousuf, 29, Morena Maley Patrick Cory, 58, Newport Beach Sunday Charles Abraac, 21, Newport Beach oft NCR 00358 12117/2008 9:52 AM :: Prilt Version:: . aMfuldnRdrar, 28.IN®wpordfleach COSTA MSA Sept 30 Stephan Crene, 59, Costa Mesa Oct 1 Juan Mendoza. 22, Hawalian Gardens Jason PhtTips, 22, Corona Thursday Wiiam Luther, 35, Costa Mesa Christopher Landgren, 28, Costa Mesa Friday Jacquelyn Williams, 20, Costa Mesa Timothy Ramire z, 45, Costa Mesa Saturday Barry Bur, 21, Fountain Wiley Guerrero Vera, 53, Santa Arta Juan Murrilb, 29, Costa Mesa Sunday Wilfredo Zairians, 38, Pattdate Antonio Arreola, 32, Costa Mass Monday Laurence Datudc 48, Costa Mesa ( CLOSE WINDOW W://www.dailypiloteorpladcles/2MIOV07/Publ[cWwj#dLtit4pt-ft.. t-au.. NCR 00359 2of2 VJij M9:52AM Prod version:: ImryJ/wwwA ailypilotcoiJarticlesrAM10 /14/pubrcoft/dWdpt dn... Dall PNlot as�norter�draadcoarear�aa .era■rda PtrDiaW Twaft.Oc"W t4, 2= e44 PM Port Pabkonety DUI ARRESTS Editors note: Thew people have been arrested on suspidon of &MV ender the Influence of an Intoxicant and are cons/dered Innocent unb7 proved ga ty. Newport Beach OcL 8 ,iason Pieper, 38, Newport Beach Hugo Hernandez Morales, 39, Costa Mesa Oct. 7 Landon Homing, 28, Newport Beach: Thursday Amber' Samuelson, 26, Laguna Beach Frtday Bero in Delamaier, 26'', Brea Benjanin Bagby, 24, Canoga Park Saturday Edda Cardenas, 28, Irvine Frank Delgado, 33, Witrington Sunday Charles Gray, 27, Dove Carryon John Spriaslerahach, 58, Newport Beach John Scruggs, 25, Newport Beach 100 3 NCR 00360 12/11/2008 9:51 AM i 1 :: Print Version:: Johanna Lope+; 25, Sherman patty Jerry Laverty, 62, Santa Ana John Petrie, 84, long Beach Steven Wiiinger, 22, Tustin Costa Mean Oct. 6 Laurence Dratttck, 48, Costa Mesa Oct T David Rosenkranz, 44, Sawa Arta Thursday Martin Arrosegary, 46. Costa Mesa Mkdtega Seleno, 30, Huntington Beach Friday Bryan MUM*. 36, Newport Beach Jason Rodriguez, 22, Fountain Valley Claudio Sarrpietro, 32, Costa Mesa Saturday Robert Costelow, 23, Mission Vtepp Brandon Stewart, 22, Costa Mesa Maria Trevino, 30, Redondo Beach Sunday Gabriel Bastos- Martins, 20, Anaheim Monday Amavy ScavoBni, 22, Santa Ana Nicole Coktssi, 23, Costa Mesa http: / /wwwAglypdoLco Wa dcics/ 2008 /le/14/publicsafetp /dw/dpt -da.. NCR 00361 2 of 3 /2/1112008 9:51 AM i Prid Version:: mo: / /www.daibpiloLcomlardcle&1 2008 /10f2]oblicsaWdWdpt -du_ Dail � .lot y u.»ya�ra..d1.sacmaMSSa,caatrwr PW%MATeaear,QC5*W21.2=9:46 PM PDT Pr"Mffw DUTARRESTS Editor's note: These people have been arrested on suspicion ofdrtvhng under Me influence of an intoxicant As witlr all suspects, they are considered innocent unl9 proved gu#W- N v4)ort Beach Oct 15 Jasmine Werdel, 18, Santa Ana Courtney Barrena.18. Costa Mesa Mark Clark, 45, Orange Johnathan Castro, 29, Corona Thursday Kathy Forfine, 40, Costa Mesa Friday Glenn Kayklr, 45, Newport Beach Saturday Stott Woodret 30, San Juan Capistrano David Schulz. 47, Rancho Santa Margarita Kevin Harrell, 37. Lake Forest Mitul Patel, 29, Sherman Oaks Joshua BebeK 20, Westminster Mommy Eric Hodges, 26, Anaheim Fails Costa Mesa NCR 00362 i of 3 1211 UN08 9:45 AM ::Print Version:: Oct 14 Javier Jkrme7 36, Costa Mesa Brian Bamelo, 34, Costa Mesa Oct 16 Jonathan Moos, 34, Also Viejo Dana Conch, 50, Fourdaln Valley Xhatles Murphy, 58, Newport Beady Jaime Estrada, 32, Sorts Ma Thursday Christopher Pena- Pardoja, 28, La. Habra .VMn Volga, 40, Newport Beads Friday 8jami Braden!, 38, Costa Mesa Jason Edmonds, 27, Huntington Beach fW McNidl`184 61, Newport Beach Rodo6o Longino, 28, Soros Ana Jason Ltdte, 26, Costa Mese Saturday James Matthews, 23, Carlsbad Aiwa Huebner, 26, Newport Beach Sunday Ravindu Mutasinghe, 34, Tustin Lori Ryan, 46, Costa Mesa Elena Gugiu, 62, La Verne Brian Guirto, 25, Costa Mesa Monday Michael Young, 46, Orange hUp:/Awww,") puatcumisrtida (20o>ulor21/pubNaa&Vdui/apt -au_ NCR 00363 2of3 12/11/2808 9:45 AM Pride Veniar:: _ hV /Avww.&ftilacomluuclesl2008 IWVpiblicsa5ely/dpt- ddsl... D a ly lot NaMPnrad.cnaneca,r . w,.. earanm Pd 0dTwwft.0C6*w242008,0M PUPUT Pu6liceafety DUTARRESTS 6ditm's n*W- These people have been arrested on suspiclwi of driving under be TnRuence Of an inbxkant. As WO aff suspects, they are considefed innocent ung proved guBty. NEWPORT BEACH Thursday Simon Nord, 58, Costa Mesa Your Bun Jang, 38, San Diego Friday Joel Hasers, 40, Laguna Miguel Saturday Sara Brown, 24, Anaheim Mauricio Espejel, 34, Costa Mass Sunday Richard W*7, 45, Norwalc A2re2a Soleimad, 32, Irvine Stuart Fowler, 42, Canada Monday Mickey Abxander, 28, Costa Mesa COSTA MESA Oct 22 Ned Johansen; 28, Irvine Darrel Coral, 68, Costa Mesa NCR 00364 I cf2 17111!2008 9:40 AM :: Print Version % Thursday Slavash Nep4 31. NwWod Beach Scott Murphy, 29, Not listed Friday Miguel Vasquez Madarfaga, 27, Costa Mesa Thomas Destaing, 21, Irvine Dusan Senic, 65, Irvine Soonnay Barrera, 26, Costa Mesa Saturday Presanna Rana, 22, Costa Mesa Gerardo Deleon, 19, Pomona Peter Jackson, 29 Costa Mesa Jason Lilly, 32, Costa Mesa Kdsd Wiilams. 25, Costa Mesa Sunday Eric Curatola, 19, Riverside Jonathan Hemandez� 22, Costa Mesa %tria lee, 60, Corona delNlar Monday Stewart Ipngslay. 47, Costa Mesa [ CLOSE WINDOW I hgJ/ www. daily piloccowlardc lesrzooerIOWpuNicsaf /aptd.*1... NCR 00365 20f2 12/11/2008 940 AM :: Print Version:: - bV: / /www.dailypiloLwWarticied 2008/11 /04lpubliwaWild/cipt-du.. Daflpkblot... PithbeaTwm,,. Naa W4,204611M PM rsr DUI ARRESTS Editor's note: These peoplb have been arrasW on suspkkn ofddving under Bra influence of an intoxicant As KNh all suspects, they are considered Innocent unh7 proved guAty. Newport Beach Jerry Beaudoin, 49, Seal Beach Oct 29 Jcse Radlig4azt18,..AW"wdS@ach Thursday Roberta Rutter, 38, Elsinore Frtday Nicole Ruth 30, Laguna Hills Stephen Moore, 53, Huntington Beach VOW Willis, 57, Nawpowt Beach Saturday Jacob Hawidns, 21, Huntington Beach Naftali Martinez, 27, Orange Valentino Huggins, 22, Sacramento Joshua Pmtienta, 21, Huntington Beach Tracy Wallace, 41, Westminster Monday NCR 00366 1 of 3 12/11/2008 9:38 AM :. P,ild Vaaon:: b ftp:i Iwwwamhyaw. codarncletzooanIlWpubucaWduVdpt -&,.. Travis Dubois, 18, Garden Grove Jerry Turner, 54, Laguna Beach i Costa Mesa i Oct 28 Brook Schrdker, 47, Fullerton Oct 29 David Graf, 29, Tustin Scott Alexander, 46, Costa Mesa Jeffery Troxe[, 29, Costa Mesa Robert Kennedy, 52, Garden Grove Thursday Nan Katood, 60, Tustin Timothy Wobgood, 34, Costa Mesa Michael Garda, 37, Santa Ana Karl Br st, 49, Costa Mesa Friday Patricia Pimentel, 40, Costa Mesa Gary Kipp, 44, Costa Mesa Saturday Joyce Standrod, 51, Anaheim Atper Ciz, 23, Costa Mesa Mario Vargas, 37, Santa Ana , Vagirie Bishop, 24, Newport Beach Sunday Trirp Cas%neda, 42, Fullerton NCR 00367 2 of 3 121[ 112009 9:38 AM :: Print Version:: bi tp:/A rwwA WI), pilatcada rticlesf100811IMpublicsaf /duildpt-da._ Jaime Cooper, 32, Cosla Mesa CLOSE WINDOW NCR 00368 3 of3 12/11/2008 9:38 AM Print version n bttr //www.dailypitotcordarticksrAWI ]/I lrpublicsafgy/Aj*.du. D PW*$W TU86ft. nurem0m 11.200! "4 PUM PUbB ss" DUI ARRESTS EdlWs note: These people have been armafad on suspi*n ofdrfvertg under Me influence of an intoxkant As wrlft aff suspects, they are oonsidered innocent uall proved guilty. Newpon Beach Nov. 6 Koolau Desousa, 33, Santa Ana Thursday Brim Laoey, 36, Newpart Beech Oscar Granados, 39, Garden Grove Joe Lutes, 69, Fountain Valley James ftmel, 66, % wpod Beach Saturday '1Ylaxlkl041 is,34, Wewpot Ssach '1.any Holm. 38. Newport Beach Marti Moorman, 31, Newport Beach Sunday -Carle Kincaid, 30, Newport Beach Monday 'Cantos Hanas�z� :+VeMpaR3ieeeh Costa Mesa NCR 00369 I of 2 17/11/1008 9:39 AM I :: Print Vetsion:: Nov. 4 AndeWGoldfarb, 47, Santa Ana Nov. 5 Richard Savoie, 59, Costa Mesa Peter Dom nico, 39, Huntington Beach Angel Knodel, 27, Costa Mesa Thursday Miriam Haroing, 28, Anaheim His Friday Justin Marshal, 26, Lawndale Bud Sheppard, 52. Costa Mesa Saturday Geraldine Martinez, 49. Costa Mesa Sunday Charles Zamora. 39, Costa Mesa Monday Jay Egan, 40, Monarch Beach I CLOSE WINDOW ] mp:// www. daHWUctcwrmaele &70MuIu/pbRaafiWdWdpt -au.. NCR 00370 Z oft 12/11!2008 9:39 AM Print Version:: hdp:pwww.dailypila.coa✓mflcIW 2008/11 /l8Jptbli yJdWdpt -dn... Daily4k] ilot PL6WW Tuesday. No WV" it 2M8 ftM PM PST fly Pu DUI ARRESTS Editor's [rote: These people have been arrested on suspiaon of driving under be Muence I of an ktbxxlaant i As talk all suspects, May are considered innocent until proved gully. i Newport Beach Nov. i1 Wowl Carracho,19. Anaheim Mark Gai6uy, 39, Beverly His Jesus Hernandez, 24, Carson Nov. 12 Stephen Reaendeshenick, 23, Mantooe Thursday Tarrmi He, 26, Garden Grove Sofia Vallejo, 35, Santa Ana Jordan Sclyddk 23, Anaheim Pal ride WMarrs, 45, Newport Beach Friday Justin Rowe, 24, Costa Mesa Sharon Shepard, 46. Navrport Beach Roland Wachter, 43, Fresno Mc heel Puklo, 25, Costa Mesa NCR 00371 100 3 12/11/200$ 9:37 AM :: Print Version % 4OWNWIltadrim.4S,Ninrpadeasch Sainte OscoH, 33, Foothill Ranch Saturday Jenr ftr Waker, 32, Costa Mesa "Marry Hanoodk, 23, Ne sport Beach Lee Reese, 37, Costa Mesa Sunday Arturo Basutto, 24, Ocean Kinten Dellores, 21, Mission Viejo Costs Mesa Nov.12 Renate Kaye- Marina, 40, F l ntington Beach Thursday Theodore Ceroak. 54, Costa Mesa Kenneth Terry, 43, Costa Mesa Friday Ryan Ly, 21, Santa Ana Shannon McMullen, 44, Tustin Saturday Mark Mercuro, 28, Tustin Sharon Ruttenhur, 42, Rancho Santa Margarita Clem Jones, 34, Tustin Ar drony Codalats, 22, Indianspols Sunday t.las Hemandet:, 32, Caste Mesa 200 1mpJ/www.dailRAlot comlareotes/2MI VI 9*blimWduil*t-&L . NCR 00372 12R WON 9:37 AM i Print Version:: - _ trip : //wwwAailYPiloRtondmliclest2oM 11/25 /publicaafely/dai/dpt -du.. A�awJ✓atBe7dlYdQDfvYOdA CiAtIrIN, PditWTUeseel,, NUUmbW 28, 20081121 PMM Pwftaf* DUTARRESTS Edkops note: Tbese people have been armsW on suspicion of drMng under the Influence of an Intoxicant As WM aft suspects, May are considered innocent unff proved gur7ly. Newport Beach Nov. 1s Janale Klein, 38. Costa Mesa Gregory Haralson, 28, Laguna Niguel Thursday ' 4�h 'ilaati9ife :'S'<:T'IewPOl1'Bea�� Adam Bondra, n, Newport Beach ' Jwn'Shngess, 58. Mawpurtileach, Joseph Gaglano, 21, FuNerton Christopher Cateton, 22, Covina Friday Michael Harrison, 3% Corona Katrina Diaz; 24, Mission Viejo Saturday Evan Coffey, 26, Santa Ana VNja4FSlka, 33,tlawpolt Beach 'Jane esimek95,#lewport9Woh• Sunday R'slem£vam, 43. Newport Beach NCR 00373 I era IV] 12008 9:36 AM Print Vmim:: William Gauger, 55, Costa Mesa Uban Ali, 32, Tustin I Monday Dante Zamora, 27, Van Nuys Costa Mlesa NOV. 19 JosegrKaparra; 46,1iewpDd Beech'. Thursday Roderick Roberts. 41, Long Beach John Rodrigues, 25, Rancho Santa Margarita Donald Contardi, 40, Foothill Ranch Fly Chris Canzone, 46, Fluntington Beach Bryan Duncan, 32, Costa Mesa John Stanley, 24, Ontario Janes Gleason, 40, Costa Mesa David Grant. 53. Costa Mesa Saturday Joseph Dowing, 39, Costa Mesa Jessica Benson, 25. Costa Mesa Raul Gomez, 49, Costa Mesa Colleen Banatt, 27, Costa Mesa Sunday Cecilo Rodriguez, 36, Westminster Roberto Paniagua, 30, Costa Mesa Cody Falas, 21, Costa Mesa 290 h*: //wwwAa0ypikt.comludctes7008/I U25/pubtidefay /da/dpt-&,. NCR 00374 12/ 1 120M 9:36 AM Print Vecmm.. Lap:l/ www .dailypildcmdsticiesW08/12/02! Pub)iasftiy' /dui/dpt -du... Daly Pit of kbrvmasd„ne caGn,r Tom. D0Owbw i 2DX reM7 PMM DUTARRESTS Edltoes note: These pepple have been arresw on suspkkn of drivhrg under he influence of an iabxkant They ire oorrslderad fnnoceni until pmved guft. Newport Beach Nov. 28 Mehran Mohammadradek 28, Mission Vk jo Thursday Carlos AvNa, 25, Tustin Mk*" GW 21, Newport Beach Saturday Brian Tr nick, 21, Laguna His Ryan WaNw, 19, Newport Beach Sunday Tabitha Burton, 23, hfur irgton Beach Frank Borovilos, 27, Anaheim Mile Duncan MacG(NUray, 29, Sierra Madre Costa Was Thursday Jame Yukes, 29, Las Vegas Friday lack Ortiz, 28, Lake Forest NCR 00375 I of 2 ' 12111/2008 9:34 AM ! :: Print Version:: Saturday 'ChaidlnOmMel0tt, 38;t+4art Bamolt Conor Robinson, 27, Costa Mesa Ryan Nelson, 25, Costa Mesa Richard Cardish, 28, Costa Mesa Keg Carpenter, 40, Costa Mesa Sunday Eric Steubs, 27, Costa Mesa Monday Chelsea Najera, 22, Costa Mesa Ryan Cdst, 29, Munieta [ CLOSE WINDOW ] hup://www-da bolotcowardelear2oa nv0vp tksaWdW/dpt -&.. NCR 00376 2 of2 12/11/2008 9:34 AM Pant Version:: hV:I /www.dailypilotcomlartides/ 2008 /I2/09/publicaabety /d`W/44du... Dally-4'l ..eneasahaneoo�AeAtwcambrrd� PLMhM TL*mW,08Qmd r9,20N W:25 PUPST Publicsofety DUI ARRESTS EDITOR'S NOTE: The fo kmft have been arrasted on suspicion of driving abfle under Me Influence of an inloxicaat. They are presumed innocent until proven gu*. COSTA MESA Dec. 2 Ltas Dial, 37, Riverside Dec. 3 Sarah Elwood, 25, Costa Mesa Friday Miichael Valdes, 21, Murrieta Saturday Cesar Iglesias, 32, Santa Are Sunday Sergio Crisanto- Pascual, 28. Costa Mesa NEWPORT BEACH Dec. 3 Sandra Baker, 46, Trabuco Canyon Thursday Sarah Bergez, 30, Costa Mesa Sarah Dejong, 29, Newport Beach NCR 00377 I of 2 12/11/2008 932 AM :: Print Version:: Friday mAtmalmonMmmma, 46.Ner pM18each 4(anlM% 43, MW*Vort Beach, Saturday Robin Monfore, 44, Also Viejo Teresa Casey, 42, Lang Beach Richard Karck.62, Costa Mesa #4oamm Us". 28, Newport Coast Daniel Ortiz, 26, EW Gardens Ricardo Islas, 35, Costa Mesa Donald tlRelen. 47, Redlands Sunday Michele Maisonet, 33, Frlgton Beads Mionday John Doidge, 34, Irvine ii3ranles llfirarrls, 21, Newpott Beach ( CLOSE WINDOW t q: /n+ wwA-i il*t mcoW maclat2OWlyas/pubi )canyidid/4t -�_ NCR 00378 2 of2 12111 /2008 9:32 AM ly ouo4r�tle� It :oo /14tlJ411LL U21 ALIA VI5fA 1Y •'/ �pio�a+: (h (�� 1W81er�1/, utter P�►�► . . aonhli+a� In 9dsff4,.j*M Low afllt lk X0.0 4 sulx+�ted: als to rdi iwpe°a` dnw vnd a . 1aX~M-406" p,�irie awnpnla� � redoes of MW prop" OW t Oka PAGE e1 •Y NCR 00379 WHW NMORMLWLTO MW ACOMM t4esz�� Cyr tiN ON ��. a J S7Aia/iR 9 se. � . 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NCR 00381 NCR 00382 U117 -CULMS to Newport beach, (;A YLAbS --M I. Unileo hates START P, 1216 W Balboa Blvd, Newport Beach, CA 92661 -1008, United States FINISH p 414 32nd St, Newport Beach, CA 92663 -3801, United States Total Distance: 1.2 miles, Total Time: 5 mint- (approx.) c t:c:a ci: S "Mr h A3 i Y'. Page t of i Newport Beach Alano Clu . Travel times are Tue. 7:00 p.m. - 8:30 p.m., Sat. 7:30 p.m. - 8:30 p.m.. and Sun. 7:30 p.m, -.8:30 p.m. These are weekly meetings. i 'tir IY: S -- - vial: rr •:IYry�. Al The Newport Beach Alano Club is located at 414 32nd St. Newport Beach, Ca 92663 Our clients go to the Alano Club for meetings. We drive our clients to these meetings weekly at the travel times listed above and our staff stays at the meetings with our clients. We follow the same mute back that we travel there shown on the above map. http :rimaps.yahoo.colrtiprint.php ?q I = 1216+W +Balboa +Blvd° o2C +Netvport+Beach +Ca +... 12111/2008 NCR 00383 ✓u 'I lxvll tu 14c"PUIL 13CA43t, I—A M. united States START 216 W Balboa Blvd, Newport Beach, CA 92661-1008, United States FINISH ud 901 Dover Dr, Ste 204, Newport Beach, CA 92860 -5516, United States Total Distance. 4.2 miles, Total Time; 11 mina (approx.) Z is ru� K ew p r, r 6 cir h Page I of I Dr. Rudolph: Travel time v&As on need for appointments. We travel this route 14 times a week, Dr. Rudolph's offike is located at 901 Dover Dr. Suite 204. Newport Beach, CA 92666 Our clients visit Dr. Rudolph upon admission for a full physical. Our clients also visit Dr. Rudolph for medication fatlo%-ups- Our clients also visit Dr. Rudolph if they an not feeling well Or MY Other medical issue that is non emergency. Our staff stays ar the appointment with our clients and follows the same route shown above both ways. These appointment times vary depending on why they are going. On a average we go to Dr. Rudolph'% office 14 times a week. http:,'Imaps.yahbo.coffdprint.php?ql=1216+W+balboa+Blvd.+Neport+Beach%2C+Ca+9.:. .12111/2009 NCR 00384 Utrecuons to Newport Beach, CA 9'660 -2316, United States START Q 1216 W Qalboa.Blvd, Newport Beach, CA 926614008, United States FINISH .0 4019 Westerly PI, Ste 100, Newport Beach, CA 92660 -2316, United States Total Distance: 7.5 miles, Total Time: 18 mina (approx.) . r5 .:L. . } n • � CL °'s. ideSc. 7. rf Nevdpor: Lead, Page I of I The Amen Clinic: Travel tPe varies depending on the time of appointment. We travel this route 0- 4 times a month. II "ilPe ' J•. r. it - .. w C ✓'. r k'.x Ncrrpat._sst The Amen Clinic is located at 4019 Westerly Pl. Suitel00, Newport Beach, CA 92660 Newport Coast Recovery takes out clients to The Amen Clinic only if the Client will be receiving medical treatment there. Not all clients go to the Amen Clinic. On average 1 would say that we go to the Amen Clinic between I and 4 times a month, The appointments are 1 -2 hours. Our staff drops them off and picks them following the route shown on the map. hnp :ilmaps.yahoo.corWprint.php' ?q I = l 216+W +Bal boa *Blvd %2C *Newport+Beach+Ca +... 12/111"2008 NCR 00385 r Page I of I The Amen Clinic: Travel tPe varies depending on the time of appointment. We travel this route 0- 4 times a month. II "ilPe ' J•. r. it - .. w C ✓'. r k'.x Ncrrpat._sst The Amen Clinic is located at 4019 Westerly Pl. Suitel00, Newport Beach, CA 92660 Newport Coast Recovery takes out clients to The Amen Clinic only if the Client will be receiving medical treatment there. Not all clients go to the Amen Clinic. On average 1 would say that we go to the Amen Clinic between I and 4 times a month, The appointments are 1 -2 hours. Our staff drops them off and picks them following the route shown on the map. hnp :ilmaps.yahoo.corWprint.php' ?q I = l 216+W +Bal boa *Blvd %2C *Newport+Beach+Ca +... 12/111"2008 NCR 00385 .. .......... .... ... ..... tr.aa .......,y f_n 'gVuJ•VwJ. VIDICu Diales START P 1216 W Balboa Blvd, Newport Beach, CA 92661400,8, United States FINISH p 3100 W Balboa Blvd, Newport Beach, CA 92663 -3037, United States Total Distance: 1.1 miles, Total Time: 5 min; (approx.) Newput, Beach r� "Y• `M Ti Molt 4 C� :'Ae•��: .�5 \qi ' f • l�fcl ., I'agc t of l Albertso s Once a week 6n Sunday between 12:00 p.m. • 2:30 P.M. h Albertson is located at 3100 W. Balboa Blvd. Newport Beach, Ca 92663 We take our clients to Albertson once a week to allow them to do their shopping. Our stall stays at the market with them until they are finished and then drive back to the facility. This trip takes place on Sundays at approximately 12:00 p.m. - 2:30 p.m. httpJ !maps.yahoo.cotWprinl.php' ?q1 =1 216 +W.4 — Balboa +B :vd %-'C -j ewpon +Beach +926... 1211"-008 NCR 00386 Directions to Newport Beach, CA 92660 -3313, United States START n, 1216 W Balboa Blvd, Newport Beach, CA 926614008, United States FINISH p 2300 University Dr, Newport Beach, CA 92660 -3313, United States Total Distance: 5.9 mites, Total Time: 15 mans (approx.) L:, a:: Gezcl- � 3S rage t of i �tll t� tv,,�'•`-,��,v�-, . YMCA: We go to the gyrlitree time a week. Mon, Wens., and Fri. Travel times are from 2:45 p.m. - 4:15 p.m- if -on, e 105:2 mes2 :x- L�: Ne:tpottleuil• - ® Nav<pat �_ait mar:. a G.1 b'ai 3n .r.. .c Tun v4:TE�sa +s The YMCA is located at 2300 University Dr. Newport Beach. CA 926W We take our clients to the gym to work out 3 times per week. We leave our facility at around 2:45 p-m. arriving approximately at 3:00 p.m. We stay at the YMCA for I hour and return back to the facility arriving at approximately 4:15 p.m. Our staff stays at the YMCA with our clients, http : /lmaps.vahoo.corn/print.php ?q 1 =12 t S +W. +Balboa +Blvd %2C +Newport+Beach +926... 1 211 1 /2008 NCR 00387 Exhibit No. 5 Location Maps NCR 00388 I m 75 a. LLI Q. 0 co m Ytiv lu NCR 00389 o W ET y. E vy lu NCR 00389 o W ET y. E a M. Z) z <.M NCR 00389 i D �d s m Z = N 4 y -a =E0 �! ac •Nm m g ks+ > c 7 (6 on 14 Z 3s U% T i �q •o A m ro t3 o 3 O cL Y r�99 y M w GROUP RESIDENTIAL USE PERMIT HEARING (1/12/09): CORRESPONDENCE TO HEARING OFFICER NCR 00391 11287- 0011%1127414v1Aoe Brown, Janet From: Kiff, Dave Sent: Monday, January 12, 2069 2:58 PM To: Tom Allen' Cc: Brown, Janet Subject: FW: Newport Coast Recovery — Original Message From: suzanne [mailto:suzanne@brats.comj Sent: Monday, January 12, 2009 2:02 PM To: Kiff, Dave Subject Newport Coast Recovery Hello Dave, I think that this facility is too close to Newport Elementary. The school is unique with a very small drop off and no parking lot This means that most students have to walk in or ride bikes to it. The young students have to pass by this treatment house. The treatment business claims to be the.bestaltemative to jail time. The playground is not fenced=.and'parents have to- maintain staff to "police" the playground and kick people off during school hours. This business does not add to the neighborhood, ft does not conform to the neighborhood and is too close to a school. NCR 00392 Brown, Janet From: Iaff, Dave Sent: Monday, January 12,2009 11:54 AM To: Tom Allen' Cc: Brown; Janet Subject, F1N: Newport Coast Recovery Heart g Information Attachments: 1216 W Balboa Objection Letter January 12 08.pdf From: rnathenaesq@aol.cam [mailto:matherkwsq@W.com] Sent: Monday, January 12, 200911:35 AM To: I(I f, Dave Subject: Re: Newport Coast Recovery Hearing Information Thank you Please find enclosed my comments on the Newport Coast Recovery of 1216 West Balboa Boulevard Staff Report. Larry Mathena Get a free MP3 every day with the Spinnercom toolbar. Get It NCR 00393 Larry Mathena 1125 West Balboa Boulevard Newport Beach, California 92661 949 - 752 -5115 Extension 18 mathenaesq @aoi.com January 11, 2009 To: Thomas W. Allen, Hearing Officer David KtM Assistant City Manager Subject: Newport Coast Recovery, LLC 1216 West Balboa Boulevard Use Permit UP 200&033 (PA2008 -104) From: Larry Mathena This correspondence is written by me, a resident of Newport Beach for over nine years, to object to the issuance of the use permit identified above. I live across the street and one block down from this facility and have been negatively impacted by the proliferation of rehabilitation facilities on the peninsula. If you seek additional information from me, my contact information is included above. Despite the assurance from the City staff and the Hearing Officer that adequate time would be given to the public to review and respond to the Staff Report- the suggestion was five full days, the City only posted the revised Staff Report late Thursday night. I have to conclude that the City is not concerned about giving its cR'vens the opportunity to make a full review and response to application submittals. My specific comments, given the limited time frame to respond are as follows: Finding number five on page ten of the staff report is in error. Specifically R finds under subsection a. that no secondhand smoke can be detectable outside the property. Similarly on page 11 subsection a. the City Staff is accepting the smoking location proposed by the applicant as complying with the standards of the law despite the fact that compliance with the terms of this paragraph by no means assure that secondhand smoke will not be detected outside of the property. The testimony presented at the prior hearing directly contradicts this fording and no evidence to the contrary is present in the file. The determination on page 13 for Finding Six - allowing additional parties for revenue generation to park on the streets on a weekend morning during the summer season is NCR 00394 completely denying the reality of parking on the peninsula in season on weekend day. 7n recommending. approval the City .Staff seems unaware of how bad parking is on weekends in season. On page seven of the Staff Report, under Finding Seven, the conclusion of the City Staff that the property complies with and is physically suited to accommodate the use proposed, 'directly contradicts that fire department's position to the opposite that is included in the record. The City is ignoring its obligation to both the neighbors who live near this facility as well as to the clientele of the; facility itself. to .protect them frmn physical harm: In .a contwd:WlIcm it is a given that the occupants of a halfway house smoke substantially more than,thc population-as a whole, thafallure to decide to enforce fire .safety laws shocks the conscience: I obsme;tliat the State itself is relying on City meeting its daty to only allow group Homes ina structure that meets °minimum fire safety requirements. The liability, that City'mgy face if a tragedy occurs could be extreme. I hope that that City had along discussion with its risk management department before making what appears to: be the strategic decision not to enforce fire safety laws- evidently because the City faired to follow them properly to begin with. "The record, of the City's disibg6rd of its duty in this context is outrageous.. if a harm or death from a fire results ttietappi.rent position of the City that it did not want to appear to be discriminatory' in apply* safety taws will not be accepted. If this were an application permit fora nursing home or for a pro-school-ft handicapped children -:I sincerely believe that the City would get mdse concerned about safety of residents including the residents of the facility than: it appears to. bee, hem. On page 14' of the Staff Report the City's discussion of density use is fundamentally flawed 'bwause -it completelyiguotes the small sae. of the.bkiaks in this section of the City and in fact overburdens this area with halfway houses. The - submission by the applicant of what it perceives as support'fbr its use permit in fact points out the disproportionate burden allowing the permit to be granted puts on the community in a facility a mere 300 feet from the elementary school. The applicant states that in a ten week period apparently "43 permanent Newport Beach residents were arrested for DUI". Extrapolating, this means that approximately 220 a year would be arrested in a year. This is only 0.3% of Newport Beach's approximately 74,000 population. On the other hand all 56 people that applicant would have in its facility over the course of one year (at the Staff's reduced residency level) have a serious dnWalcohol problem. The applicant acknowledges in its application package by its own admission that its realistic goal is for 75% of them to remain sober during their stay at the facility. This means that 14 people at this single address will be ' unable to maintain their sobriety at this location during their three month stay at the facility. Evidently they will get high nerd door to the elementary schooi, despite all the support to remain sober that these clients will receive. Is it really in the best interest of the City to allow a rehab facility to NCR 00395 be.tiuee hundred feet from an elementary school where even if the facility is doing well -by its own standards it will have 1.4 clients a year who will fail, in maintaining their sobriety while living adjacent to the elementary school? The owner of the property has not authorized the use permit application. A review of the City Staff's proposed conditions ofapprovalindicates more probkns. 4y criticism of the conditions of approval must start with the observation that given the -naUue of this typo of permit application, how.in the world camthe City Staff in "good firth -make a recommendation that the use ;permit 'be accepted - without a complete recor& a record that would have to include the input and evidence received from the citizens of Newport Beach that is only now being provided? I reaffirm for the reasons described in this submittal that the permit application should be denied. But if the permit were to be accepted- what happened to the best efforts standard in negagds to second hand smoke in the conditions of approval? What happens if second hand smoke is measurable at adjacent properties— even if the applicant has smoking only occur .inthe proposed area? What expertise has the City applied to determine that it is a legal impossibility for secondhand smoke to go from the proposed arse to disturb adjacent property owners? . it is my understanding that the applicant has volunteered to reduce its clientele below its state licensed maximum. Assuming this is the basis for-the City's accepting and issuing the use permit, I do not understand why the City is not making this a Onnowa Ihnirarion by requiring recordation of this limitation against the property's title- that as part of agreeing to issue the permit that in no circumstance wilt a:higher number of clientele.be allowed on the property. It is no unusual ,inthe issuance of use permits for governmental entities to require the recordation on land title records the permanent surrender of property rights. As currently written, there is nothing to preclude - an application being submitted three months from now for a higher number of residents of the facility as the conditions of approval are cunmtiy written. Finally, I have a number of questions regarding the enforcement of the conditions under which a permit is issued. Specifically: Under what circumstances will a use permit be revoked? How many violations will it take? How shall those violations be documented? What level of proof will be required? I assume that the City is going to rely on its residents to gather evidence of violations? Is that correct? NCR 00396 If it is relying on its residents, will the City protect the residents from claims of privacy violations that may arise? . How many.opponunities will a permit holder be given before revocation occurs? Precisely where should violations be reported? Whatever this answer might be- why isn't the City publicizing it? What City entity will investigate complaints? Does the City intend to timely investigate facilities onsite at the time complaints are received? Should citizens call the police for a concurrent confirmation of violations? As a resident next door to two facilities- can I safely videotape and or record the activities at these'propeties that I in good " faith believe provide evidence of . violation of law and/or specifically a use permit? If I detect smoke on my property can I legally take pictures and or videotape individuals on a.group home property. smoking? In the case of the enclosed courtyard of 1216 West Balboa Boulevard if I were adjacent to the facility and regularly detected second hand smoke - with the only apparent source of the smoke being the facility- how would I documentit? Thank you for your attention to my input. 4 NCR 00397 Brown, Janet. From: Kfff, Dave Sent Monday, January 12, 200911:55 AM To: Torn Allen' Cc: Brown, Janet Subject, FW. Quick question Will • --Original Message • From: Bill Mals [maiIbD:bmais@maIsw.00m1 • Sent Monday, January 12, 2009 10:00 AM • To: Finnigan@webiTiall-outgoing2.us4.outhlaze.com; Finnigan, Tara • Subject Quick question > H1 Tara, • I called and left a message on your office phone. I'm on the sidewalk • safety steering bommitiee but I have 'e Ot. dion on a different to ' -0 Id ow the answer w ' 3b whom to ask. pic • and thought yo wou know nswer or� • Parents from Newport concerning El are circulating,a petition conrning the • rehab houses cl dose to I the school. I would hate to see their work to • got support nullified by not following the correct format so my • questionsare aboutthe format of the petition. Does it need to be in • a specific format? Are signatures enough or do.they need name, • signature, and phone? Do the pages need some language that links them • together? • Sorry this is so last minute, but I just heard about this, they are • going to collect signatures at school pickup, and the recovery home • hearing is this aftemoGn at 4. * Thanks in advance, * Bill Mais * 949-675-2036 NCR 00398 Brorm, Janet From: Kiff, Dave Sent: Monday, January 12, 200912:14 PM To: Tom ASW Ca Brown, Janet Subject: FW: rehab use perils between 11th and 13th Street From: Laurie McKenzie [maft:mddalk §maccom] Sew Monday, January 12, 20M 8:59 AM Ter. 1W, Dave Cc: Henn, Michael; Denys Oberman; p.bpm@madrunner.CDM Subject: rehab use permits behveen 11th and 13th Street Dear Dave, We are not able to attend todays hearing for the conditional use permit for 1216 W. Balboa Blvd. group recovery home. Please forward our comments below to the hearing officer. Regarding the applications for group recovery homes on the Balboa Peninsula, specifically those in the 1100 and 1200 blocks of West Balboa Blvd.: L Re the upcoming hearing for 1216 W. Balboa Blvd.: this operator has a multi -year history of nuisance and operation problems. They have violated City and state licensing requirements (i.e.opemted an illegal facility across the street which should have been state licensed; have clients that are on parolelprobation) 2. Re the upcoming hearing for 1129 W. Balboa Blvd: this is a facility run by Ocean Recovery. They are a for profit business and their facilities are definitely over - concentrated in this area. Complaints that apply to these specific rehab facilities include: *Cigarette smoldng and second hand smoke for neighbors and those close by. *Profanity and loud talking late into the evening and early morning. *littering 4undegnate parking and use of parking areas as meeting rooms. *burden to police and emergency services for frequent visits due to fights, drug abase, eta WE URGE THE CITY TO SCRUTINIZE THESE APPLICATIONS AND DENY THEM IF THE SUBSTANCE OF CONCERNS AND COMPLAINTS LEVELED BY CITIZENS ARE WELL FOUNDED. PLEASE DO NOT BEND TO LEGAL OR MONETARY PRESSURES TO CONTINUE THIS OUT OF CONTROL SITUATION. OUR CITY HAS THE OBLIGATION TO BE THE LEADER AND MODEL FOR OTHER CITIES IN THE WAY THEY RESOLVE THESE ISSUES. As 32 year residents of Newport Beach, specifically the Balboa Peninsula at 11 th and 12th Streets, we would like to voice our concerns. NCR 00399 I., The over- concentration of these homes in this residenital area will continue to hurt our home values and it changes the neighborhood feel. Also, Federal courts have ruled over - concentration is bad for neighbors and for disabled addicts 4. These 'recovery homes' are for nmfit businesses. They add a burden on the city's trash services, traffic, security, parking, as well as added noise and air pollution. S. These homes are within 1000 feet of Newport Elementary, not a suitable location for rehab homes. 6. A vast number of these group homes are owned and operated by a handful of for profit businesses,( i.e. Ocean Recovery). These businesses need to be regulated by density of their facilities within a given area to avoid over - concentration. We hope that you put the citizens and local taxpayers interests and needs at the forefront, as you review and regulate these Residential Care Facilities so that their density and proliferation will not negatively affect this wonderful beach community. Sincerely,. Terry arid Latme.McKenzie 1151_W. Balboaslvd. Balboa Peninsula, CA 92661 949- 673 -2379 NCR 00400 NCR 00401 I I 287-0011%1127414v I.dm Use Permit Hearing (continued) Monday, January 12, 2009 Newport Coast,- Recovery, LP • Z 0 0 A O im Staff Presentation • Brief Background on Ordinance zoo8 -o5 (Dave Kiff) • Presentation of the Newport Coast application (Debby Linn) Applicant's comments, if any Public Hearing Opened • Comments limited to 3 minutes unless Hearing Officer determines otherwise Public Hearing Closed Applicant can return to rebut or clarify comments made Questions from the Hearing Officer to the applicant or to City Staff Hearing Officer's determination - alternatives are: • Approve with conditions; • Deny; or • Continue the hearing to a date certain rel s 0 A A This is a Use Permit hearing held under NBMC Chapter 20.92(A) — Use Permits in Residential Distritts Ordinance 2oo8 -o5, effective February 22, 2oo8, calls out this process: • Most existing group residential uses had to apply for a Use Permit to stay in operations by May 22, 20o8., • A Hearing Officer shall make a determination to approve or deny the Use Permit. • The Hearing Officer's decision can be appealed to the City Council. • The City Council's decision may not be appealed, but "reasonable accommodation" maybe requested.-,RA requests go, before a hearing officer at a public hearing, and can be appealed to the City Council. • Ordinance 2oo8 -o5 exempts one type of home from the Use Permit requirement — ADP- licensed treatment homes: Housing six or fewer persons, and • Which do not operate integrally with otherfacilities ( "Integral Facilities "). US District Court Judge lames Selna`in May 20o8 blocked the City from requiring networked ADP- licensed 6 and Unders from going through the Use Permit process (SLBTS). �v }41 a 7 it r a la aV4!t. f N ry Q " • 'SUWXCT- PROPERTY r, All '. Nay.Pmi El, I MAP IEGEND . 0 z Use closed, Or under abatement OMO' q = NarCOICA to aoate Fea 3030 O a 4tia:iea to a Use Parmrt 0 rn Z n o. 0 A O V' Z rte, O A cc W r, an,: Rssc ^:r, LOCATION MAP Uses within 3 Blocks of Subject Property (Corrected 12,1108) N C<�x 5�mvey �eMec: ar. Ge:cvery Ow la?j X10.^ Caere Cnurcn R1 Subject Property p el.Gti 11f1�.1 V !IF.H• Location h Aaaress LSe of Sne 1. 1132': ":e51 Banwa Btvo. Bai= horizons 2. 1115 4Yesi Balboa 314, Ocean Rewvery e. 1215' "blest Balboa Blvd. Newport Coast Recovery 4, '. 121 T.'West Bay Ave. -.. Ocean Recovery (ADP- licenseo, d are Jncerj 1327 >ti'est Balboa : Blvd. < Newport Elementary.School 14G0 West Balboa Blyl. Chnsr:liurch Oy the Sea. ane PrC -schOG 7, 1441'',Aest Baiboa Blvd. Our 0 'r of Mt Cam1el.Crutch w The Kramer Center (continued) • Thursday, January 22, 2009 • City Council Chambers 0 4:00 to 6:0o p.m. Ocean Recovery (tentative) • Thursday, January 29, 2009 • City_Council Chambers • 4:00 W 6:0o p.m. Others Pending ■ Yellowstone Recovery (Use Permit and RA hearing) z ■ Pacific Shores Recovery (possible RA hearing) n 0 A O t0 NCR 00.410 > > 287 -oo> M > 27414v) ,doe CERTIFIED COPY PUBLIC HEARING ON NEWPORT COAST RECOVERY, LP BEFORE THOMAS W. ALLEN, ESQ., HEARING OFFICER NEWPORT BEACH, CALIFORNIA MONDAY, JANUARY 12, 2009 A o PRECISE A�k REPORTING SERVICE Ll "7-afm00 . iRnni CA7-Bn . =AV M4AI CA*-40 www.prob[soreporting.com NCR 00411 i i ro lJ r i , 1 2 3 4 5 6 7 8 9 i0 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 NEWPORT COAST RBCOVSRY - 1/12/2009 Public hearing was taken on behalf of the City of Newport Beach at 3300 Newport Boulevard, Newport Beach, California, beginning at 4:00 p.m., and• ending at 5:35 p.m., on Monday, January 12, 2009, before LAURA A. MILLSAP, RPR, Certified Shorthand Reporter No. 9266. PRWISE R$PORTIM SBRVICB $00- 6479099 21 NCR 0002 � n i s i i i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1S 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/12/2009 APPEARANCES: For The City of Newport Beach: RICHARDS, WATSON, GERSHON BY: PATRICK K. BOBKO, ESQ. 355 S. Grand Avenue, 40th Floor Los Angeles, CA 90071 -3101 (213) 626 -848.4 CITY OF NEWPORT BEACH BY: DAVE KIFF, Assistant City Manager DEBBIE LINN, Associate Planner JANET BROWN, Associate Planner SHIRLEY OBORNY, Administrative Assistant 3300 Newport Boulevard Newport Beach, CA 92658 -8915 (949) 644 -3002 PRECISE REPORTING SERVICE 800- 647 -9099 31 NCR 00413 I s N E 9 LAwYER,s Pvo7rs NCR 00414 UMPORT COABT'RECOVERY -- 1/1212009 1 NEWPORT BEACH, CALIFORNIA; MONDAY, JANUARY 12, 2009 2 4 :00 P_M. - 5:50 P,M. 3 4 MR. ALLEN: I'm going to open the hearing for 5 the Newport Coast Recovery Facility. I'm going to 6 reconvene. This matter was continued from December 8, 7. 2008, until today. Again, I'm Tom W. Allen, the 3 appointed Hearing Officer for this matter. The agenda i for today has been posted and is available outside, as I well as the reports. The first matter on the agenda is the presentation by staff, and I presume Mr. Kiff will continence? MR. KIFF: Yes, Mr. Allen. Thank you. We'11 do -- as we have in the past practice with these hearings, we'll do a brief background on the ordinance again, presentation on the Newport Coast application. Then the Applicant, at the Hearing Officer's invitation, is invited to come up and make comments. The public hearing.remains open, so this allows anyone to come up and offer comments again. Comments are limited to three minutes, unless the Hearing Officer determines otherwise. Then we close the public hearing. The applicant can come up and return to rebut PRECISE REPORTING SERVICE 800- 647 -9099 4 NCR 60415 ZI 1: i 1: t 15 I 14 15 16 i) 17 18 19 20 21 PM) 22 23 24 25 UMPORT COABT'RECOVERY -- 1/1212009 1 NEWPORT BEACH, CALIFORNIA; MONDAY, JANUARY 12, 2009 2 4 :00 P_M. - 5:50 P,M. 3 4 MR. ALLEN: I'm going to open the hearing for 5 the Newport Coast Recovery Facility. I'm going to 6 reconvene. This matter was continued from December 8, 7. 2008, until today. Again, I'm Tom W. Allen, the 3 appointed Hearing Officer for this matter. The agenda i for today has been posted and is available outside, as I well as the reports. The first matter on the agenda is the presentation by staff, and I presume Mr. Kiff will continence? MR. KIFF: Yes, Mr. Allen. Thank you. We'11 do -- as we have in the past practice with these hearings, we'll do a brief background on the ordinance again, presentation on the Newport Coast application. Then the Applicant, at the Hearing Officer's invitation, is invited to come up and make comments. The public hearing.remains open, so this allows anyone to come up and offer comments again. Comments are limited to three minutes, unless the Hearing Officer determines otherwise. Then we close the public hearing. The applicant can come up and return to rebut PRECISE REPORTING SERVICE 800- 647 -9099 4 NCR 60415 F ; e 1c �� 11 I i I F 3 ! 7 i i i y 12 13 14 is 16 17 13 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY — 1/12/2009 L or clarify comments made. And then there's time for the t Hearing Officer's questions to the staff or to the Applicant. And then possibly a determination, approve with conditions, deny or continue to a date certain. Most of the folks in the audience have seen this before, but this is a group residential use permit hearing,.held under 20.91(a) of the Code. And basically, .it says that any existing operation like this one, Newport Coast Recovery, needs to apply for and receive a use permit no later than February 22nd of 2009. So this is,part of that process. And just to point out for you where Newport Coast Recovery is, it's this facility here. it's licensed by the State for a 29 -bed men's facility. The other facilities and uses nearby, you can see Newport Elementary School. You can see this. This is Balboa Horizons. This is the one facility in'the City that's been approved for a use permit. That's an 11 -bed women's facility. There's also Ocean Recovery. Twenty -two beds here applied for the use permit. Their hearing is set for later in the month. There is a pending six and under facility.operated by Ocean Recovery about 30 feet away from Newport Coast Recovery. This is Ocean Recovery's second facility up here across from Marina Park near PRECISE REPORTING SERVICES 500- 647 -9099 5 NCR 00416 i I E i 9 1 ' 30 12 I i i 1 I 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOV=r - 1/12/2009 16th. This is Narconon's 49- occupancy facility. That's subject to abatement in February of 2010. And then there's some other facilities that did not apply for use permits and are due to be abated at the end of February. Here's a more specific location map. This is 1216 West Balboa. Again, Balboa Boulevard, Newport Elementary, and the other, facility - permitted is down here at 1132. So with that, I'm going to turn that over to Debbie Linn, the planner who worked on this application. MS. LINN: Thank you, Mr. Riff. This is a continued hearing item from December the Sth, and the hearing was continued due to the fact that the application at the time was incomplete and the required materials for staff to complete their analysis Of the proposal were not included in the package that was before the Rearing Officer at that time. At the close.of the public hearing, the Hearing Officer continued this public hearing to January the 12th and also directed the Applicant to submit all the required application materials within 21 days of -- prior to this scheduled hearing. The remaining application materials required PRECISE REPORTING SERVICE 800 - 647 -9099 0 NCR 00417 i { i 1 i:. i t i 1 s r 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEwpoRT COAST RECOVERY - 1/12/2009 for staff to complete their analysis did arrive on December the 12th as directed. And from that, we've prepared the enclosed staff report. The application, as submitted on December the 12th, was an application for 18 beds of recovery -- the resident beds. The Applicant has 'a license for 29 beds, but this application has been submitted as an 18 -bed application for the use permit.purposes. After analyzing the proposal, staff determined that the findings, as stated in the staff report, could be made to recommend -- in order for staff to recommend a conditional approval of the application. Specifically with regard*to the number of beds, .staff is recommending that the application could be approved more in compliance with the State or with, excuse me, APA requirements for proximity of other uses. And given the fact that there's the six -bed facility that's likely to be licensed for operation within 30 feet, staff recommended that the Hearing Officer consider reducing the Applicant's total allowable number of beds to be licensed at 14. Staff included a number of conditions of approval, which are as recommendations, which are listed in Exhibit 1 of the staff report. And I'll just summarize those briefly, because PRECISE REPORTING SERVICE 800- 647 -9099 71 NCR 00418 a i ! 1 i i& I f 't i i. t 1 s i� f i i 5 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/12/2009 these conditions of approval, if added to the approval for the conditional use permit, really are part and ;parcel of the.finding to be made by the Hearing Officer. So the findings, we felt like, needed to have reference to these conditions. Because as conditions, the project could be determined to be in compliance. For the most part, the significant conditions Of approval pertain to parking. There had been some concerns expressed at the public hearing regarding parking. The facility.has enough parking to meet the Code.requirements for the facility. However, we are aware, based on their operational statements, that they do weekend counseling Of family members. And for that reason, we have required them, as a condition of approval, to obtain permits to take care.of visitor parking on weekends. Ana that at any time on- -- that any time on- street parking is required, that that be limited to Sunday hours as specified in the conditions of approval. We added conditions to reinforce some of their operational requirements that are already in_ place. The quiet hours between 10 to 8 a.m. 'We`ve put that as a condition of approval to reinforce -- to have them implement. The curfew hours, we've changed their PRECIS$ REPORTING, SERVICE 800 -647 -9099 M. NCR 00419 R r 1 2 i ! c, I i I, t- 3 4 5 6 7 8 9 10 11 12 13 14 15 25 i NENPORT COAST RECOVERY - 1/12/2009 application from a curfew of 11 o'clock on weekends and 10 o'clock on weekdays to be 10 o'clock p.m. every day. We've specified that the route plans for their vans -- for their one van that takes clients to about four locations during the week off -site to be adhered to. And that the deliveries take place only'between B and 5 normal work hours as well. Trash pick up being limited to those hours. That their State licensing be amended to reflect the 14 -bed maximum down from 29, which represents a 50 percent reduction in their licensed beds. That they enforce their policies now in their rules and regulations regarding profanity and lewd behavior, to keep that enforced; that 'that not be allowed to be expressed at a level that's audible beyond the property so that it might annoy neighboring residents. And smoking to be restricted to the designated area that they described in their application, which happens to be a courtyard area that's completely enclosed by walls but open to the sky. And that smoking outside of the facility be completely prohibited, and that be implemented. We added a condition of approval that would allow the City to review this conditional use permit, if approved, within six months of the final approval.of the PRECISE.RBPORTING SERVICE 500 -647 -9099 0 NCR 00420 16 r 21 I 17 18 19 25 i NENPORT COAST RECOVERY - 1/12/2009 application from a curfew of 11 o'clock on weekends and 10 o'clock on weekdays to be 10 o'clock p.m. every day. We've specified that the route plans for their vans -- for their one van that takes clients to about four locations during the week off -site to be adhered to. And that the deliveries take place only'between B and 5 normal work hours as well. Trash pick up being limited to those hours. That their State licensing be amended to reflect the 14 -bed maximum down from 29, which represents a 50 percent reduction in their licensed beds. That they enforce their policies now in their rules and regulations regarding profanity and lewd behavior, to keep that enforced; that 'that not be allowed to be expressed at a level that's audible beyond the property so that it might annoy neighboring residents. And smoking to be restricted to the designated area that they described in their application, which happens to be a courtyard area that's completely enclosed by walls but open to the sky. And that smoking outside of the facility be completely prohibited, and that be implemented. We added a condition of approval that would allow the City to review this conditional use permit, if approved, within six months of the final approval.of the PRECISE.RBPORTING SERVICE 500 -647 -9099 0 NCR 00420 20 21 I 22 23 24 25 i NENPORT COAST RECOVERY - 1/12/2009 application from a curfew of 11 o'clock on weekends and 10 o'clock on weekdays to be 10 o'clock p.m. every day. We've specified that the route plans for their vans -- for their one van that takes clients to about four locations during the week off -site to be adhered to. And that the deliveries take place only'between B and 5 normal work hours as well. Trash pick up being limited to those hours. That their State licensing be amended to reflect the 14 -bed maximum down from 29, which represents a 50 percent reduction in their licensed beds. That they enforce their policies now in their rules and regulations regarding profanity and lewd behavior, to keep that enforced; that 'that not be allowed to be expressed at a level that's audible beyond the property so that it might annoy neighboring residents. And smoking to be restricted to the designated area that they described in their application, which happens to be a courtyard area that's completely enclosed by walls but open to the sky. And that smoking outside of the facility be completely prohibited, and that be implemented. We added a condition of approval that would allow the City to review this conditional use permit, if approved, within six months of the final approval.of the PRECISE.RBPORTING SERVICE 500 -647 -9099 0 NCR 00420 f I i i i 3 I i i i 1 2 3 4 5 6 7 8 9 10 li 12 13 14 is. 16 17 i8 19 20 21 22 23 24 2S NEWPORT COAST RECOVERY 1/12/2009 10 conditional use permit in order to determine whether the conditions of approval that had been set forward here and possibly,adoptad today are being enforced, if there are any further problems that may he reported to the City, so that the City's Hearing officer may review this in six months -and make that determination as to whether the facility,.is, being operated according to the conditioha of approval and in e-manner that's compatible with the neighborhood. And then the condition also requires that the application be or the conditional use permit be reviewed annually thereafter after the first six months. So we thought that that .would help 'reinforce the City's ability to evaluate this in the event that it's approved. And with that, staff has recommended that the application be a -- that you direct the staff to prepare a Resolution of Approval with the conditions of approval as proposed. That concludes the presentation. If you have Any questions, we can answer those now ALLEN: I don't have any questions at the present time. Any other staff comments before we open public hearing? MR. KIFF: No.. MR. ALLEN: All right. Let's proceed with the PRECISE REPORTING SERVICE 800 -647 -9099 NCR 00421 i =j i i i� j I i i s I 2 3 4 5 6 7 a 9 10 11 12 13 14 15, 16. 17 18 19 .20 21 22 23 24 25 NEiPPORT.COAST RECOVERT 1112/2009 11 I ,public hearing. Weil follow the same format that we have in the past, where people can come forward on an ad hoc basis, and.we limit the .comments to three minutes, so please.be concise and to the :point, but take time to make your presentation. MR. KIFF:. Mr. Allen, just one-point of clarification. You would potentially have an opportunity, your choice, to have Applicant speak first and then the public -- or the Applicant bas spoken but -- MR. ALLEN: That's right. That's probably appropriate. If the Applicant would like'to make a presentation now and in response to the staff comments, let's do that before we-move forward with the public hearing.. MR. NEWMAN:. Good.afternoon; Mr. Allen. My name that Mike Newman, N- e- w- m-a -n. I'm a partner in Newport Coast Recovery. Mr. Allen, my-:comments are going to be brief, and they are going to be pertinent and facts; not rumor.or innuendo. First thing.I'd like to.address is all the concerns about Newport Elementary School: That seems to be the main concern with everyone here, the proximity to the school and the welfare of the kids. We spoke to the principal of Newport Elementary. The principal stated in the five years she's PRECIER REPORTING SERVICE 800 -647 -9099 j NCR 00422 1 I-- i i i 1 i 7 J 1C 17 12 13 1'4 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/12/2009 12 been the principal there, they have not had one problem with Newport Recovery. Not one problem. She assured us that if she had any problems with my rehab facilities, it. will. be dealt with inmediately. That's supported by the Newport beach Police Department. .There have been no reported problems. Not just with Newport Coast Recovery but any rehabs with Newport Elementary school. Furthermore, the principal stated that she knows•of no students, no students that have left that school because of any actions related to rehabs. This is .fact. This isn't just thrown out there. This can be verified through the school. The school yards. That seems to be a big concern, the blacktop behind the school on the weekends. Our clients have been instructed never to use that schoolyard, basketball court, or adjoining equipment. We take our clients to the gym three days a week. Participation is mandatory. They're encouraged to get all their exercise at the gym, because there's very little down time for them to do anything else based on their treatment schedule. In regards to traffic and vans, as was stated, we only have one van. They are not parked all over the streets. There's not numbers on them. There's one van, PRECISE REPORTno SERVICE 800 - 647 -9099 NCR 00423 i l { 1 :.r 2 I 3 4 1 ! I. I I .;> 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/12/2009 131 and that's the van that transports our clients. In regards to our trash, we have a private trash service that picks up all our trash. We don't burden the City with any of.that extra refuge that we may have on our.property. And we have no need to throw our refuge in the neighbor's garage cans. And if that happened at some time, I'm very sorry , for -that. But it's a not a common practice, and it's not something that we have our clients doing. We have a big garage receptacle right outside our facility. Some people -- what really concerned me is someone came .up here and talked about clients threatening neighbors. That came up in the staff report that I 'read. And again, I've talked to the Newport Beach Police Department. There's not been one incident reported of any Newport Coast Recovery client threatening any neighbor. If there was any report like that, I certainly would have gotten it, and we would have dealt with it. And certainly we would have heard about it through the Newport Beach Police Department. It would have been investigated thoroughly, I promise you. In closing, I'd like to leave you with a few factual documented numbers for the year 2008. And this isn't Costa Mesa. This isn't any adjoining city. This is Newport Beach. PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00424 7 I !F 8 f 9 10 i ! I. I I .;> 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/12/2009 131 and that's the van that transports our clients. In regards to our trash, we have a private trash service that picks up all our trash. We don't burden the City with any of.that extra refuge that we may have on our.property. And we have no need to throw our refuge in the neighbor's garage cans. And if that happened at some time, I'm very sorry , for -that. But it's a not a common practice, and it's not something that we have our clients doing. We have a big garage receptacle right outside our facility. Some people -- what really concerned me is someone came .up here and talked about clients threatening neighbors. That came up in the staff report that I 'read. And again, I've talked to the Newport Beach Police Department. There's not been one incident reported of any Newport Coast Recovery client threatening any neighbor. If there was any report like that, I certainly would have gotten it, and we would have dealt with it. And certainly we would have heard about it through the Newport Beach Police Department. It would have been investigated thoroughly, I promise you. In closing, I'd like to leave you with a few factual documented numbers for the year 2008. And this isn't Costa Mesa. This isn't any adjoining city. This is Newport Beach. PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00424 i REEPORT COAST RECOVERY - 1/12/2009 14 1 962 arrests for drunk in public in Newport 2 Beach in 2008, 276 drug abuse violations, and 677 DUI's 3 as of-December 31st in Newport Beach alone. . 4 1 1 These aren't just people coming from outside 5 this city, even though we have one of the highest 6 concentration of bars and places to buy alcohol. These 7 are people that live in the city as well. 8 And if you look at our newspapers, the Daily 9 Pilot, every,Wednesday, you'll see that many of these 10 people that are arrested are our neighbors. These aren't 11 people that we're shipping in from .outside the city for 12 treatment. These are people that are looking within 13 their community for treatment. 14 1 have the statistics, if ou y guys would Like 15. them. I also have some letters from neighbors which I'll 10 give to the appropriate person so they can be made part 17 of the meeting. And I look forward to any questions, and 18 I'm happy to address anything else. 19 14R. ALLEN: Thank you. 20 And that mention of letters raises a questions. 21 We've had a number of communications that have come in in 22 the form of e- mails, primarily. I believe that should be 23 made a part of the record of this as well. 24 t9t. KIFF: I'll go over just some of those that 25 we received without getting to the substance, in case PRECISE REPORTIM SERVICE 800 -647 -9099 NCR 00425 im i t �S� 7 .8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/12/2009 15 those people want to make equivalent testimony. We have a letter from Larry Mathena that I provided earlier today. We have an e-mail correspondence from a Ms. Lori McKinsey. I have an email correspondence from a woman named Suzanne. I forwarded that to you as well. MR. ALLEN: Yes. . MR. KIFF: I have here a letter signed by -- looks like..42 folks who are saying they are parents of Newport Elementary School students. I believe someone was going to speak to that. Previously, we've received some correspondence, including some photographs from .Jeffrey Myers. I provided those to you as well. And I have some of those photos up here on the screen, too. I have some correspondence from Denys Oberman, in addition to -- and additional correspondence from Jeff Myers that's not just photos. So that's kind of a aummary of the correspondence I've received both at the last hearing and -- between that hearing and this hearing. MR. ALLEN: The only thing I haven't seen that you've mentioned is the 42 signatures. And I guess that has just come in; is that correct? MR. KIFF: That's right. PRECISE REPORTING SERVICE BOD- 647 -9099 NCR 00426 t , 3 i I i { i i F i• i E 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/12/2009 L" MR. ALLEN: Okay.. MR. MYERS: And the video. MR. ALLEN: We'll take a few minutes to look through that in due time. Anything else from staff? MR. KIFF: No, sir. MR. ALLEN: Let's proceed with the public hearing, then. And again, we'll open the public hearing, and each person has three minutes to speak. Please come forward and give us your wisdom. MS. INGHAM* Good afternoon, Mr. Allen, and everyone here. My name is Kristin (phonetic) Ingham. I'm a parent of a.student at Newport Elementary. MR. ALLEN: Spell your last name for the record. MS. INGHAM: Sure. I- n- g- h -a -m. MR. ALLEN: Thank you. MS. INGHAM: And I did bring in the 42 signatures that you're referencing. Sorry they came in a little bit late. I just sort of became aware of this hearing and tried to organize something at Newport E1. Because we're new to Newport E1, our son's a kindergartner, I wasn't sure if the school had an opinion . one way or the other. So in a little over 24 hours, through e-mail to about eight people and then just my PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00427 :? •� 5 6 1 2 I :? •� 5 6 7 i I i i i 1 � s 8 9 10 11 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/12/2009 standing outside in front of the school for five minutes before school and five minutes after school, I was able to collect 42 signatures. There wasn't a single person that walk by or that I talked with that had -- that did not want to sign the letter that I had submitted today. Every parent over at Newport El.has. concerns about the amount of beds in the vicinity of Newport Elementary. And I've seen the character of the neighborhood and the adjacent playground that our family visits,.not just during school hours but on weekends and after school, change. My husband personally had to remove my son from the playground a couple weekends ago due to loitering and,profanity, some conversations that just weren't appropriate for a 6- year -old to hear. We feel that our school staff and City staff work really hard to swear children from such habits, such as smoking, profanity. And it's just those are behaviors that we all too often witness in our community. When we are out in the community, such as local coffeehouses and places like that, you know, we've had to maybe change tables because of conversations we hear among patients from rehabs centers that are seated next to us. And when we're out in public as a family, we have the option to do that. PRECISE REPORTING SERVICE 800 -647 -9099 171 NCR 00428 :l I i r i I -� 1 2 3 4 5 6 7 8 9 10 it 12 13 v*l 14 23 15 24 16 s ' 17 18 i i ' =y 19. 20 v*l NEWPORT COAST RECOVERY - 1/12/2009 I_T-'.l But when our children are at school, they don't always have the option to leave the playground, leave the soccer fields or the blacktop. And that's the concern of my husband and mine and 42 other people at Newport Elementary, at least. And we feel that our playground and cur school is unique in our school district. It is more of an open campus, unlike others that are shielded from the public that are behind a fence. And we have seen just too,much loitering and unhealthy behaviors, such as smoking, cigarette butts, that, again, just are not appropriate for a nurturing environment, such as a school and a city playground for our children. Thank you for your time. MR. ALLEN: Quick question., You mentioned that your husband had a specific situation where he removed your 6- year -old child because of profanity? MS. INGHAM: Yes. MR. ALLEN: Was there a basis he had to make a determination that the people that were doing this were, in fact, rehab clients or -- MS. INGHAM: Yes. Do you want to speak? MR. INGHAM: Sure. MR. ALLEN: Good. PRECISE REPORTING SBMCE 900- 647 -9099 NCR 00429 22 23 24 25 s NEWPORT COAST RECOVERY - 1/12/2009 I_T-'.l But when our children are at school, they don't always have the option to leave the playground, leave the soccer fields or the blacktop. And that's the concern of my husband and mine and 42 other people at Newport Elementary, at least. And we feel that our playground and cur school is unique in our school district. It is more of an open campus, unlike others that are shielded from the public that are behind a fence. And we have seen just too,much loitering and unhealthy behaviors, such as smoking, cigarette butts, that, again, just are not appropriate for a nurturing environment, such as a school and a city playground for our children. Thank you for your time. MR. ALLEN: Quick question., You mentioned that your husband had a specific situation where he removed your 6- year -old child because of profanity? MS. INGHAM: Yes. MR. ALLEN: Was there a basis he had to make a determination that the people that were doing this were, in fact, rehab clients or -- MS. INGHAM: Yes. Do you want to speak? MR. INGHAM: Sure. MR. ALLEN: Good. PRECISE REPORTING SBMCE 900- 647 -9099 NCR 00429 1 2 . 3 record. 1 4 z i 1 i s f 6 7 8 9 10 11 12 is 14 15 16 17 18 19 20 21 22 29 24 25 NEWPORT COAST RECOVERY - 1/12 /2009 19' MR. INGHAM: Yeah. It was on a -- MR. ALLEN: Please identify yourself for the MR. INGHAM: Sure. My name is Jeff. Last name Is Ingham, I- n- g- h -a-m. And I.believe it was on the day before -- the Saturday.before _ the.holidays, and I had taken .my son to the park there at the .school to play on the playground, which I do .typically on.Saturdays. I typically come on Saturdays and Sundays. And what they tend to have is the group sessions held at the park. So there are about 100 people. I actually have photos of 100 people outside. And they generally go off, away from the blacktop, to smoke. And they also smoke on both sides of the,blacktop, in and amongst it. Now, I can't tell you which recovery group it was, per se, but it's generally -- it's 100 people that circle all around the school campus. And the specific profanity was -- and it Was in conversations in -- in and amongst -- I guess it was on 14th Street, right adjacent to the playground, someone yelled the F - -- word four times in a row. And it's just like, do I really have to deal with this while they're on their smoke break? And, you know -- so anyway, that's the gist of it. PRECISE MPOR21MG SERVICE 600- 647 --9099 NCR 00430 / N$WP0RT C0A5T RECOVERY - 1/12/2009 20 i 1 1 MR• ALLEN: Okay. Thanks,`the red light is 2 blinking, but you shouldn't -- take your time. You can 3 continue for additional time if you need. 4 MR. INGHAM: That's all I had to say, yeah. 5 MR.'ALLEN: Okay. Thank you. $ MR. INGHAM: And the reason why we knew it was 7 recovery is based upon the conversations that were had 8 amongst the.groups in or around the playground. 9 MS. INGHAM: The content of the conversations, i 10 sometimes you can hear what sounds like might be a -- I 11 don't know enough about the process, but what might be 12 called like a counselor, or-somebody maybe who has been 13 in the facility for awhile maybe talking to somebody who 14' .is, newer, or that's sort of the gist of what I could get 15- from a conversation that would make me think that. �t 1 °6 Because, of course, at Newport Beach, we get a 17 lot of people coming to visit. who knows where they are is from. But those types or parts of the conversation are 19 what would make me think that they were patients from a 20 rehab facility in our area, you know. 21 And again, we -- we're just concerned about the !.. 22 amount, the number, of beds in the close vicinity of 23 Newport Elementary, and the way that the character of the 24 neighborhood has changed for our school, for our children 25 working to and from school, and for their health, for the PRECISE REPOPTINC SERVICE 800 -647 -9099 NCR 00431 i i 'G i 4 5 6 7. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY 1/12/2009 21 1 secondhand smoke. We have several.children who are medically, at- school, impaired, and -.- as well as educationally impaired, and it's not a good sight for them. Again thank, you for your time. MR. INGHAM: One thing.to add, I do have electronic photos, if you!d like to see them, but I don't have printed copies. MR. ALLEN: Thank you. Anyone else wish to speak? MR. LISKIN: My name is Matt Liskin (phonetic). I live on the Peninsula. And i.have a couple specific questions that I hope you can ask the Applicant. This is about our lifestyle and community. And the first question is, he quoted the crimes statistics, in Newport. I'd like to know, A, or to point out, the issue here is overconcentration. .I think .a better statistic would be, what percent of those crimes occurred on the Peninsula? Because that's why we are all here. Number two, he mentioned that these are people in Newport and from Newport, or something to that effect. I'd like to know, how many of those arrests were people from Newport Beach? The third question I have is, if he's serving a need of Newport, he has census, I'd like to know,.what PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00432 ' 1 ;.> 2 i I 3 i i 'G i 4 5 6 7. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY 1/12/2009 21 1 secondhand smoke. We have several.children who are medically, at- school, impaired, and -.- as well as educationally impaired, and it's not a good sight for them. Again thank, you for your time. MR. INGHAM: One thing.to add, I do have electronic photos, if you!d like to see them, but I don't have printed copies. MR. ALLEN: Thank you. Anyone else wish to speak? MR. LISKIN: My name is Matt Liskin (phonetic). I live on the Peninsula. And i.have a couple specific questions that I hope you can ask the Applicant. This is about our lifestyle and community. And the first question is, he quoted the crimes statistics, in Newport. I'd like to know, A, or to point out, the issue here is overconcentration. .I think .a better statistic would be, what percent of those crimes occurred on the Peninsula? Because that's why we are all here. Number two, he mentioned that these are people in Newport and from Newport, or something to that effect. I'd like to know, how many of those arrests were people from Newport Beach? The third question I have is, if he's serving a need of Newport, he has census, I'd like to know,.what PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00432 I 1 i i S i 1 2 3 4 `5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT'COAST RECOVERY — 1/12/2009 22 1 percent of his census annually is from people from Newport Beach? I think that's all information which is easily obtainable. Finally; last time we were here, it was pointed out that the gentleman spent.$200,000 fixing the facility up. I have to say, if .you look at his revenue line of his business, that would be fairly immaterial. And I think that's somewhat disingenuous. And finally, as you can sense it in my voice, it was said earlier that these are non- violent criminals. Violence is something which we all associate with being struck. But I think a greater violence, actually why these people are here, is emotional violence. And the emotional toll that these people put on their families is the result, in many instances, that they are here. And, unfortunately, that emotional toll is being put in this community on an overconeentrated basis. And I don't really think that's particularly fair. It should be dealt with in a non - concentrated way. And I think if we get to the bottom of the numbers i just asked, I think that we can see that numbers, you know, can tell a couple of different stories. And I think we should look at the forest, not these trees. Thank you very much. PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00433 i i. E ; ; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPM COAST RECOV$RY - 1/12/2009 23 I MS. BACICH: My name, is Pam Bacich, and I .live on the Peninsula. .We,own property directly behind this Particular rehab facility. I did send a letter:befoe the last hearing, because I.wasn't able to be there. And I didn't .hear it referenced. MR. KIM I'm sorry. We did receive that.: MS. BACICH: .One of my main points in that was that -- MR. ALLEN:. Are you the duplex owner? MS. BACICH: We.are. MR. ALLEN: Excuse me. Thank you. MS. BACICH: The duplex directly behind it.. And one of the owners' comments was that there had not been any police reports. Yes, we never filed any Police reports in our complaints, and we had many of them. We went directly to the manager of the facility and tried to deal with them that way. We did have an incident about two years ago where we had a car keyed after our tenant had a confrontation with some of the people at the rehab facility. And they left subsequently because they were so frustrated in having, as he said, pissing matches with 20- years -old on a regular basis. We had recurring trash incidents. One Saturday, while we worked in the garage over there when PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00434 i t i t i s 1 2 3 4. 5 6 7 8 .:9 10 11 12 13 14 15 16 17 18 19 20 NEWPORT COAST RECOVERY - 1/12/2009 24 we were turning tenants, we counted, I believe, 16 -- I have it written down somewhere at home -- 16 vehicles coming and going in a couple -hour period from the back alley. So there were many vehicles coming and going from that facility. So although there may not have been police reports, that doesn't mean that there weren't ongoing problems and ongoing conversations that we were having with them. MR. ALLEN: Anyone else? MS. MORRIS: Hi. My name is Jill Morris. Do you want me to spell it? M- o- r- r -i -s. And I, too, am a mother of a child at Newport E1, second grade. And she's been there from Kindergarten on to 2nd grade. And within those two years we've been there, not only during the weeks of school has she come home and said, "Mommy, what does 'shit' mean? What's does 'the F - -- word' mean ?" And I'm like, "Where did you hear that ?" And she said, "Oh, a group of men are walking by while we're playing soccer, and we're hearing these words from these older men." To a 6- year -old, you know, they don't really know what the age is. So I did not get the age of the men. But she has come home in those two years that she's PRECISE REPORTING SERVICE 800 -647 -9099 NCR 00435 21 22 23 24 25 i i NEWPORT COAST RECOVERY - 1/12/2009 24 we were turning tenants, we counted, I believe, 16 -- I have it written down somewhere at home -- 16 vehicles coming and going in a couple -hour period from the back alley. So there were many vehicles coming and going from that facility. So although there may not have been police reports, that doesn't mean that there weren't ongoing problems and ongoing conversations that we were having with them. MR. ALLEN: Anyone else? MS. MORRIS: Hi. My name is Jill Morris. Do you want me to spell it? M- o- r- r -i -s. And I, too, am a mother of a child at Newport E1, second grade. And she's been there from Kindergarten on to 2nd grade. And within those two years we've been there, not only during the weeks of school has she come home and said, "Mommy, what does 'shit' mean? What's does 'the F - -- word' mean ?" And I'm like, "Where did you hear that ?" And she said, "Oh, a group of men are walking by while we're playing soccer, and we're hearing these words from these older men." To a 6- year -old, you know, they don't really know what the age is. So I did not get the age of the men. But she has come home in those two years that she's PRECISE REPORTING SERVICE 800 -647 -9099 NCR 00435 , 1 i , i 0 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NENPORT COAST RECOVERY - 1/12/2009 25 been there: And I'm obviously having to assume that, you know, they might have or may not have, just because, again, Newport is a touristy place. But it was also during the wintertime, where we don't really have a lot of tourists. And she just actually told me this again in November. I, too, have been to the park on Saturdays and Sundays with my daughter and my 4- year -old. And my husband also has had to say to some men during the same type of -- I see that meeting that they have, you know, on the weekends. And we also have, along with the Inghams as well -- and we also had to say, "Hey, hey, please don't use that type of language in front of our children." And they just kind of -- either get kind of angry or just softly same some words back. And we also'have to leave. We 'spend a lot of money to live in this lovely area that we live in. And we just feel that it's really unfortunate that we have to remove our children from open space playgrounds when we should be able to enjoy them and just have a wonderful life, which we're trying to have. But again, I understand that people need help and rehab, and that's wonderful. But like Matt says, you know, it's so condensed, there's so many beds between PRECISE REPORWENG SERVICE 800 -647 -9099 NCR 00436 i I� 1 i 1 i I R 1 .1 1 1 1 1 1 1 1 1 2 2' 2, 2 2 2 NEWPORT COAST RECOVERY - 1/12/2009 261 L 13th Street -- I believe 11th Street and 13th Street, a there's so many, you know. Maybe we could limit them down to a smaller number. And it's also a concern that I they are across the street from our school. It's just ;` very congested and trafficky. 5 And I do -- I understand that the gentleman T back here said that he bas one van. I live on Lido Isle, ;, and .I see probably ten vans a day when I'm driving around. ,So I do know that -- I was actually behind one on the way here. So I do know that there are quite a L few_ And I'm sure they are from all the different types P. of rehab places, but it does cause a lot of traffic in ; the area as well. L So that's all I have to say. Thank you. s MR. MYERS: Hello. My name is Jeff Myers, y. M- y- a -r -s. I'd like to take a moment to introduce you to my two children. This is Jordan. She's 7 years old. And this is Ryan. He's 9 years old. They are absolutely fantastic kids. We live in a duplex across the alley from the L facility. And we lived there for 10 -plus years, and I think the facility has been there for about 10 years, ; so -- L MR. ALLEN: Excuse me. Do you live there now? i MR. MYERS: Yes. PRECISE REPORTING SERVICE 800 -647 -9099 NCR 00437 t i i i 3 4 5 6 7 8 9 10 11 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/12/2009 27 MR. ALLEN: Thank you. MR. MYERS: And it's a duplex. ,I have the back unit rented. I've lost renters in the past over the noise coming from the facility. I seem to have a good renter now, though, that seems :to be okay with it. My car also.has been keyed in the past. I don't know who did it, but things happen. What I'd like to talk about a little bit is the photographs and the DVD that I produced and submitted into evidence last time we were here December Sth. Specifically on this DVD -- I don't know, Dave. Can you .play that? MR. KIFF: Let me.make sure I have the right understanding of the DVD. The one that I have is a replication of.photographs. It's not a movie. MR. MYERS: No. There's a video that I took that has evidence on it that I've also uploaded and given you a link to, so -- MR. KIFF: Okay. I don't have access to it. MR. MYERS: Okay. MR. KIFF: If there's a way we can figure out how to do it with you, I could put it on the screen. MR. MYERS. I didn't bring it. MR. RIFF: I apologize, Jeff. I was confused. I had your CD. And again, it was just a series of PRECISE REPORTING SERVICE 800- 647 -9099. NCR 00438 I � 1 2 t i i i 3 4 5 6 7 8 9 10 11 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/12/2009 27 MR. ALLEN: Thank you. MR. MYERS: And it's a duplex. ,I have the back unit rented. I've lost renters in the past over the noise coming from the facility. I seem to have a good renter now, though, that seems :to be okay with it. My car also.has been keyed in the past. I don't know who did it, but things happen. What I'd like to talk about a little bit is the photographs and the DVD that I produced and submitted into evidence last time we were here December Sth. Specifically on this DVD -- I don't know, Dave. Can you .play that? MR. KIFF: Let me.make sure I have the right understanding of the DVD. The one that I have is a replication of.photographs. It's not a movie. MR. MYERS: No. There's a video that I took that has evidence on it that I've also uploaded and given you a link to, so -- MR. KIFF: Okay. I don't have access to it. MR. MYERS: Okay. MR. KIFF: If there's a way we can figure out how to do it with you, I could put it on the screen. MR. MYERS. I didn't bring it. MR. RIFF: I apologize, Jeff. I was confused. I had your CD. And again, it was just a series of PRECISE REPORTING SERVICE 800- 647 -9099. NCR 00438 (, 3 i 1 I . i� i I i i i e r Q 9 1C 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 NMFPORT COAST RECOVERY — 1/12/2009 Photographs, kind of faded. MR. MYERS: It's a DVD video. MR. KIFF: okay. MR. MYERS: And then I printed out the Photographs and submitted the photographs into evidence. I also, with the,. photographs -- MR. ALLEN: what does the DVD depict just. quickly ?, Because this sounds like a problem to try to get this into evidence and get it considered and let the ..Applicant have an opportunity to respond to it. MR. MUM I.don't understand why it's a Problem if I submitted it on the Sth, but -- MR. ALLEN: I understand. MR..MYERS: -- technology. I think it's very important for.you to see the DVD before you make a ruling. I'd be more than happy to provide .you as many copies you want, or a link to you, or whatever. . MR. ALLEN: My point is that the Applicant needs to see it, too. Just me seeing it isn't sufficient due process to everybody that's involved. MR. MYERS: Maybe I can put it on Q -Tube and have the whole city watch it. What it depicts is an individual in the back of the facility talking on a cell phone, walking the alley PRECISE REPORTING SERVICE 800- 647 -9099 ®' NCR 00439 i f I I i 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. KDMORT COAST RECOVERY - 1/12/2009 29 1 smoking. And the music is just glaring out of the facility. And what I was doing is, it was a weekday or weekend. •I.was sitting in my living roam, which faces West Hay. So our lot is, what, 30 by 90. So, 90 -plus feet away, my house is shaking from this music. The music was full of profanity. I don't even know if it's rap. It was just hideous music and profanity and everything. So what I decided to do is go to my garage and videotape what was going on. This gentleman's walking in the alley, smoking, talking on a cell phone. Now, you know, I feel badly for these guys, because they don't really have any place private to make these conversations with their family, or whoever it is. And they are always out there doing it. The problem is, you know, I have these two young children, and we play in the alley and in front of the.house. So right now, with the kids being 7 and 9, I'm able to, you know, always be there with them and 'not let them out of my sight and say, "Hey, let's play in the front." If there's, you know, people in the alley or whatever -- MR. ALLEN: So the time's gone. When did you take this DVD? PRECISE REPORTING SERVICE . 800 -647 -9099 NCR 00440 l i I i i I .. i i i 2 3 4 5 6 7 E 1( 1] ls" 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT' COAST RECOVERY 1/12/2009 MR. MYERS: Probably seven or eight months ago. MR. ALLEN: Okay. And you've described it quite well, it sounds like, to me. MR. MYERS: You need to see it. It is incredible. MR. ALLEN, I understand, but you have described it, so at least we know that much. MR. MYERS: You're doing an injustice to your ruling without seeing it. At any rate -- MR. ALLEN: .Okay. So your time is up. MR.'MYERS: My time is up? I've got a lot to say. I've live next to them for ten years. There's another facility going in next door to me. .I'm. being completely surrounded by recovering addicts, which is fantastic for the people who are recovering, but what's happening to my kids? I can't have them playing in front of the house. I can't have them playing in back of the house. Now, this is ridiculous. Something needs to be done. And I believe this is why the City created this ordinance. And your job is hopefully to liqten to this and make just out of it. But something needs to be done. Please watch this DVD before you rule. PRECISE RBPORTING SERVICE 800 -647 -9099 30 I NCR 00441 f i 1 .. s' i I s d 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 X&WPORT OOA.ST RECOVERY - 1/12/2009 31; Thank you. MR. ALLEN: Thank you: MR. MYERS: I'd .like to talk longer. MR. BACICH: My name is Mike Bacich, B- a- c- i -c -h. .I'd be,happy to give my three minutes to Jeff, who's organized and has some things to actually say other than 'repeat others, if' that's possible. MR. ALLEN: All sight. This time, go ahead. MR. MYERS: Thank 'you.' So during this video with this music blarring, this gentleman says, "Hey, stop videoing me." And so I . say, "You're on public property, and I can video you all I want." So he went on private property, and I stopped videoing. So then he comes back in on me and says, "Hey, what are you doing ?" And I stopped videoing.him, but I kept the tape rolling. And basically, you know, he didn't turn down the music or anything. And I complimented him, actually, on being better than they used to be. But.the fact of the matter is, this is my home with my children. I shouldn't have to go knock on the door over there every time someone's speeding down the alley with loud music in their car, every time, you know, they have a ping pong game and they're swearing, every PRECISE REPORTING SERVIC$ 800- 647 -9099 NCR 00442 1 2 1 3 4 f i 1 .. s' i I s d 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 X&WPORT OOA.ST RECOVERY - 1/12/2009 31; Thank you. MR. ALLEN: Thank you: MR. MYERS: I'd .like to talk longer. MR. BACICH: My name is Mike Bacich, B- a- c- i -c -h. .I'd be,happy to give my three minutes to Jeff, who's organized and has some things to actually say other than 'repeat others, if' that's possible. MR. ALLEN: All sight. This time, go ahead. MR. MYERS: Thank 'you.' So during this video with this music blarring, this gentleman says, "Hey, stop videoing me." And so I . say, "You're on public property, and I can video you all I want." So he went on private property, and I stopped videoing. So then he comes back in on me and says, "Hey, what are you doing ?" And I stopped videoing.him, but I kept the tape rolling. And basically, you know, he didn't turn down the music or anything. And I complimented him, actually, on being better than they used to be. But.the fact of the matter is, this is my home with my children. I shouldn't have to go knock on the door over there every time someone's speeding down the alley with loud music in their car, every time, you know, they have a ping pong game and they're swearing, every PRECISE REPORTING SERVIC$ 800- 647 -9099 NCR 00442 I i I ; l ; r i i i i NEWPORT COAST RECOVERY 1/12/2009 1 time the music is blarring, every time somebody's 2 smoking. I mean, I shouldn't be subjected to do this 3 every five minutes. 321 4 And yeah, I'm not one of these individuals that 5 call the police and complain. You know, I went to Mike's 6 door in my underwear in the morning and pounded on his 7 door. And I told him, "Every time you guys wake me up, a I'm going to came find you and wake you up or wake them 9 up." And he was kind enough to resolve the problem. 'But 10 I shouldn't have to do that still after ten years every 11 day. 12 So is that the DVD? Can we watch that? It's 13 short. Can you play that, David? 14 MR. RIFF: No, Jeff. It seems like I just 15 still have the one DVD you gave me that has the photos on 16 it. 17 MR. MYERS: There's no photos on the DVD that I 19 have. It's just video. 19 MR. KIFF: Okay. Someone gave me a DVD, I 20 thought it was you, that has photos from behind Newport 21 Coast Recovery. I'm sorry, that's the only DVD I have. 22 So it's not to say -- you know, the hearing is until 6 23 o'clock arguably. 24 But Counsel just advised me we n ?ed to be 25 cautious about showing pictures in public of people who PRECISE REPORTING SERVICE 500 -647 -9099 NCR 00443 i i i ;c> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/12/2009 are in recovery and, therefore, are a protected class. So I think .that Counsel would have to review that before to see that at least that person's face was blocked out. MR..MYERS: The individual is on public property. I think it's a free shot. MR. KIFF: I'm not the attorney, Jeff. MR. MYERS:.. I am not the attorney either. At any rate, you guys need to do something, because I just can't subject my children to this. And with both sides of the house being surrounded like that, I'll be the first one to take my two kids out of Newport E1 and move. But I shouldn't have to move. I can't afford to move. I can't afford to lose any more tenants. So please do something. MR. ALLEN: Next? MS. OBERMAN: Good afternoon, Mr. Allen and staff. Denys Oberman. I am a resident of the central Peninsula, and I live approximately 80 to 100 feet from the subject facility. I also live directly in the path of where the residents of the facility regularly and for the past -- well, beyond five years have walked to and from the beach, up and down the boardwalk, at cetera. I happen to live on the boardwalk. I wanted to make a couple of quick points PRECISE REPORTING SERVICE 800- 647 -9099 33 NCR 00444 I) fI I I s' i i 1 7 8 10 11 12 13 .i4 15 16 17 18 19 20 21 '.NEWPORT :COAST RECOVERY - 1/12/2009 34 relative to,the findings. First of all, the documents of 2 4 5 complaints and the evidence of violations that have been i submitted by the residents during the 2003 through recent period, somehow it has not made it into public record. Prior to the initial December hearing, I did { feel concern about this, and I did voice my concern orally and in writing by e-mail to 'Dave Xiff; and he said he would look into it. It would appear that 'those documents still have not been retrieved. And I am -- those documents were created not only by me personally but by a number of other residents. But Jeff Myers was one, with a number of others. So we would like to know where those documents are that were primarily sent to the City Attorney. MR. ALLEN; Can you identify them just a little more. Is it a public records request you made, or is this THE COURT: Some of the documents have to do with the Public Records Act, but the documents I'm referencing primarily are documents that are produced directly by people. They are complaints that were submitted relative to physical code violations, TI, Tenant Improvements, and work on gas lines, et cetera, being done without permit and documentation thereof. It's. PRECISE REPORTING SERVICE 800 -647 -9099 NCR 00445 22 23 ! 24 7 , 25 '.NEWPORT :COAST RECOVERY - 1/12/2009 34 relative to,the findings. First of all, the documents of 2 4 5 complaints and the evidence of violations that have been i submitted by the residents during the 2003 through recent period, somehow it has not made it into public record. Prior to the initial December hearing, I did { feel concern about this, and I did voice my concern orally and in writing by e-mail to 'Dave Xiff; and he said he would look into it. It would appear that 'those documents still have not been retrieved. And I am -- those documents were created not only by me personally but by a number of other residents. But Jeff Myers was one, with a number of others. So we would like to know where those documents are that were primarily sent to the City Attorney. MR. ALLEN; Can you identify them just a little more. Is it a public records request you made, or is this THE COURT: Some of the documents have to do with the Public Records Act, but the documents I'm referencing primarily are documents that are produced directly by people. They are complaints that were submitted relative to physical code violations, TI, Tenant Improvements, and work on gas lines, et cetera, being done without permit and documentation thereof. It's. PRECISE REPORTING SERVICE 800 -647 -9099 NCR 00445 I j f "> 2 3 Ih i t al i 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWP0RT COAST RECOVERY - 1/12/2009 35 1 documentation of noise. It`s documentation of complaints about repeatedly loitering and swearing. Complaints that were submitted to various City departments, Code Enforcement. Most of them to John Capler (phonetic), but also to some others. Documents forwarded in to the City Attorney's office, which were handled by several of his staff members in that .,department. Complaints made to the police department. MR. ALLEN: Possibly there's a response from Mr.'Kiff? time? MR., KIFF: Hopefully you'll hold Ms. Oberman's MR. ALLEN: Yes. MR. KIFF: I do, Denys, have about a seven -page document from Jeff Myers that he submitted that addresses profanity, fire danger, parking, code violations. I have some material from you that also discusses items like that. So I think I have everything that's on the record. We tried to appropriately characterize that within the staff report, knowing that some of it is speculation, certainly not all of it. But we do -- we did consider it in the record with this case. MS. OBERMAN: okay. We don't see any evidence that it's been considered. And I would be more than PRECISE REP0RTING SERVICE . 800 - 647 -9099 NCR 00446 I r i 6 7 S 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - .1/12/2009 happy, at a convenient time for you, to review the documents you have to let you know whether that does represent a complete record. Okay. Going on to the question of Public Records Act, in fact, one of the findings and representations made by the operator on their revised application is that the operator has been incompliance with the relevant State, Federal and local laws. The operator has not been in compliance with the local laws, and we believe also the State laws on several different occasions. one is -- I'll just mention several incidents. At the last hearing, I submitted an example of a business license that was, in fact; obtained. But there was a misrepresentation of what the business use was. Said it was a personal service business. rather than a residential care and treatment facility. And the requirement was very clearly stated in local ordinance. Secondly, there were requirements, before the local ordinances were modified in 2004, which required this facility of this scale, a residential care facility, to obtain a CUP. And that CUP was never defined. And we did, in fact, find that evidence through a formal Public Records Act request. Next, the documents for this Federal exemption PRECISE REPORTING SERVICE ODD- 647 -9099 CIA NCR 00447 I' 1 i} 1I I I 1 1 f i r 1 1 1 2 3 4 5 5 7 B 9 10 il. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVNRY 1/12/2009 37 Permit that the City had required for facilities of this scale in nature and that was passed into local ordinance in 2004, that permit was never applied for or received as well. So we would say that this operator has been operating for some period of time avoiding, you know, getting the required permits and licenses. Secondly, with the findings relative to parking - -. MR. ALLEN: Would you please wrap it up. You've had an.extra minute and a half. MS. OBERMAN: Thank you. I'll take it. MR., ALLEN: No, I've given you an extra minute and a half. So go, please. MS. OBERMAN: Okay. All right. Parking. The operator contends -- I've got two more point. I'll make them quickly. Relative to the parking, the operator puts in his completed application that, in addition to the people that are going to visit and to the residents and to the faculty, that he is -- that he has AA meetings, which he cites to be of 20 people on the premises. There's no way Jose that there's parking available for that many people in that area. And then lastly, this particular operator has PRECISE REPORTING SERVICE 500- 647 -9099 NCR 00448 NCR 00449 NEWPORT COAST RECOVERY - 1/12 /2009 38 1 demonstrated that -- and even appears on a mission that ' 2 he is unable to control the behavior or actions of his 3 clients. And that's a major concern for an area that is 4 an area that is dominated by families not only that live 5 there but families whose basic life function is going to 6 and from school and playing with their kids involves i7 being in that area. And we're more than happy to submit ! 8 additional documentation. We'll continue to do so. f 9 Thank you. 10 MR. MATHENA: Hello. Larry Mathena, 'r 11 M- a- t- h- a -n -a. And I did submit written comments. Just 12 make a few observations hopefully briefly. 13 I want to make the observation -- and I have 14 not heard any refutation of Denys' points -- that if 15 there were a number of local filing requirements that 26 needed to be made that were not made in the past, then, i 17 arguably, the current facility is, to some degree, i8 illegal. .� 19 And if it is illegal, then they are not an old 20 facility. They are a new one. And arguably, a new one 21 should simply be denied, period. So if the assertions 22 made are proper, then they are a new facility of excess 23 size. It should be denied. 24 Second point I'd like to make -- because I 25 finally did sit down and read the APA document that is PRECISE REPORTING SERVICE i 800 -647 -9099 NCR 00449 r3 a_ 3 i k " k i i i 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/12/2009 cl] the basis, evidently, for relying on how .these facilities can be. Per that definition, this facility, and frankly everyone else we've seen, is not a group home. It's a halfway house. The definition of group home within what you're relying upon specifically talks about, quote, unquote, long term rentals, i.e., .years, not months. And, in fact, that document is very explicit in saying that a heavier burden should apply to halfway houses, and that the density should not be so extreme. And, in fact, it lays out the point that, because of the transient nature of halfway houses, that an appropriate standard should be something much more restrictive... So I have a real problem with saying, oh, we're complying with general philosophy, you know, stated law about only one or two per block, when it doesn't apply to anybody who's cone here yet, period, including these folks. Second point -- and I.feel compelled to make this point. And I appreciate, actually, the candor of this Applicant who goes out of his way to say, "tie know our people will fail." And, in fact, if we accept this number at 14 people, that means 56 people a year will go through their facility. If that many people -- and assuming they are PRECISE REPORTING SERVICE 800 - 647 -9099 NCR 00450 ;l I� t { sa I a : i 1 2 3 4 5 6 7 8 9 10 IL 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT.CAAST RECOVER% - 1/12/2009 401 all there 90 days, and it may actually be more, 36 percent of their people fail and actually, according to their documentation, you know, will not remain sober during their stay there. That means during the course of a single year, they will have 14 people in one facility that can't control themselves relative to alcohol on a single block 300 feet from an elementary school. I'm sorry. I mean, which sort of gets to my point. You know this now. This is part of the public record. I have a real problem just in term of your risk issues. Two more very brief points. I see the red light flashing. Number one, police reports. I have a facility on either side of me. My wife has been threatened. My daughter has now. I have. And frankly, when we get to that facility, I'm going to come in with a trash can that's about this far away from a gas tank that is scared with cigarette butt.burns in it. And I've had the fire department tell me not to bother them. Last point is, if we're going to go through this process, i promise you, I will gather the evidence that it will take to either make people run right or get run out of business. But this gentleman's observations get real interesting. You have two different things that are PRLCISE REPORTING SERVICE 800 -647 -9099 NCR 00451 i i i i 5 6 7' 8 9 10 11 12 13 14 15. 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVER= 1/12/2009 41 going to,happen. one is you're going to raise all sorts of privacy issues, horrendous ones. And secondly, what you're telling us -- and I'd love to have the police come in -- is to need to call the police every time anything happens, because that's all you folks seem to think matters. And otherwise, we're continually subject to harassment, intimidation and the like. And it's -- you're setting yourself up that you're going to need triple the size of the police force because you will get those calls because you've invited.them. MR. ALLEN: Who would like to follow that? .Anyone else ?. Is anyone waiting to be last? Someone raising their hand? MR. LISKIN: I'd just like to make sure that the questions I asked are going to be answered. MR. ALLEN: The Applicant will be offered the opportunity to respond to this after the public hearing is concluded. Thanks. MS: MC NEISH: Cindy McNeish. I live on the Peninsula. I just have a very -- THE COURT: Spell the last name? MS. MC NEISH: M -c, N- e- i-s -h. I have a neighbor and good friend whose two children go to Newport Elementary. And she was picking PRECISE REPORTING'SERVICE 800- 647 - 9099. NCR 00452 I i 1 2 I i 3 4 i i i i 5 6 7' 8 9 10 11 12 13 14 15. 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVER= 1/12/2009 41 going to,happen. one is you're going to raise all sorts of privacy issues, horrendous ones. And secondly, what you're telling us -- and I'd love to have the police come in -- is to need to call the police every time anything happens, because that's all you folks seem to think matters. And otherwise, we're continually subject to harassment, intimidation and the like. And it's -- you're setting yourself up that you're going to need triple the size of the police force because you will get those calls because you've invited.them. MR. ALLEN: Who would like to follow that? .Anyone else ?. Is anyone waiting to be last? Someone raising their hand? MR. LISKIN: I'd just like to make sure that the questions I asked are going to be answered. MR. ALLEN: The Applicant will be offered the opportunity to respond to this after the public hearing is concluded. Thanks. MS: MC NEISH: Cindy McNeish. I live on the Peninsula. I just have a very -- THE COURT: Spell the last name? MS. MC NEISH: M -c, N- e- i-s -h. I have a neighbor and good friend whose two children go to Newport Elementary. And she was picking PRECISE REPORTING'SERVICE 800- 647 - 9099. NCR 00452 .l. : r i I : I i i I 1 s 1 C 7 8 s 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/12/2009 42 1 up one of the kids one day. And out of the residence we're talking about, there was a young man who ran out to get in the car that was right in.front of her. And there was another man in that car. And he came out, got in the car. But he was in the car for 20 seconds, probably, she said. And then he took -- ran right back into this facility. And she said, "Oh, my gosh. .I think I just witnessed a drug deal." She had nothing to write on, no way to get the license plate number. This car just took off. So now, she doesn't let the kids ride their bikes to school. So she's worried about it. And one comment I wanted to make to the: operator is I think the principal has only been there maybe two years. Just a thought. MR'. ALLEN: Anyone else? Okay. We're going to close the public hearing now. And it's probably appropriate to have the Applicant have the opportunity to respond to whatever he'd like to respond to here. And the one gentleman raised some questions. If.there's an opportunity for you to respond to them, this is the time. MR. NEWMAN* Sure. Thank you. Mr. Allen, I'm going to answer a few different questions that come.up, specifically to Mr. Oberman. PRECISE.REPORTIWf3 SERVICE 800- 647 -9099 NCR 00453 i IE a .•a i•; 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 NEWPORT COAST RECOVERY — 1/12/2009 43 This lady has continually harassed me and my family for the -past two .years. She's gone out of her way to spread rumors and innuendos about me personally to the owners of my building, as well as the tenants of the buildings that I work at. A family member that was the center of her rumors called her to ask her to stop spreading rumors about her. Ber:;pattern of behavior was finally documented by the Newport Beach Police Department, as well as Orange County Superior Court. On June 3, 2007, Ms. Oberman was stopped for failing to stop at.a stop sign. No big deal. The problem began when Ms. Oberman provided the Newport Beach Police officer false information. For some reason, Ms. Oberman decided to provide the Newport Beach policeman with the address of Newport Coast Recovery, 1216 West Balboa Boulevard. She stated she lives on the bay front. I don't understand why that was. I can only imagine what her intentions were. MR. ALLEN; Now, are you -- is this directly relevant to this proceeding? Because we don't want to be here to impugn character. MR. NEWMAN: It's not impugning character, sir. She's putting my address down of my facility, my drug and alcohol facility, in order to create a statistic there. PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00454 21 23 24 i i 25 NEWPORT COAST RECOVERY — 1/12/2009 43 This lady has continually harassed me and my family for the -past two .years. She's gone out of her way to spread rumors and innuendos about me personally to the owners of my building, as well as the tenants of the buildings that I work at. A family member that was the center of her rumors called her to ask her to stop spreading rumors about her. Ber:;pattern of behavior was finally documented by the Newport Beach Police Department, as well as Orange County Superior Court. On June 3, 2007, Ms. Oberman was stopped for failing to stop at.a stop sign. No big deal. The problem began when Ms. Oberman provided the Newport Beach Police officer false information. For some reason, Ms. Oberman decided to provide the Newport Beach policeman with the address of Newport Coast Recovery, 1216 West Balboa Boulevard. She stated she lives on the bay front. I don't understand why that was. I can only imagine what her intentions were. MR. ALLEN; Now, are you -- is this directly relevant to this proceeding? Because we don't want to be here to impugn character. MR. NEWMAN: It's not impugning character, sir. She's putting my address down of my facility, my drug and alcohol facility, in order to create a statistic there. PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00454 i t Ii i.. i i I� s 1 7 8 9 10 11 12 13. 14 15 16 17 1S 19 20 21 22 23 24 25 NEWPORT.COAST RECOVERY - 1/12/2009 It's not a mistake. She did put down my address on.that citation, and she was cited for providing false information to a police officer, because it was some flippant move on her part. She gave a false address, and there was a reason for it., She was charged a °misdemeanor for providing this false information, and'she was released on her own recognizance. She pleaded no contest and.paid a fine. This is -- the reason this is pertinent.is it just shows a pattern that she perpetuates. She goes around.and spreads rumors and innuendos, yelling fire in at.theater. And I'm tired of it. This lady has sat across from me in meetings where I've told her, "I promise I'll work with you." And she says, "Great." We were in attorney's offices. She acts like she's a friendly person. MR. ALLEN: Let's go ahead and stick with the conditions. MR. NEWMAN: .Okay. So now we're going to go -- I want.to go to the -- and I'll mention the actual people that talked. Kristin, whose children -- Ingham, whose children have had a hard time on the playground, and her husband and her had to talk. We don't have our clients on that place PRECISE REPORTING SERVICE S00 -647 -9099 44 NCR 00455 .a 4 5 6 7 8 9 10 11 12 13 14 T5 16 17 is 19 20 21 22 23 24 25 NSNPORT COAST RECOVERY - 1/12/2009 45 anywhere on the weekends. They do not go to that NA meeting on the beach. They don't go there. We had a couple of clients go there over the years, but they are no longer allowed to attend that meeting. Ms. Oberman and a few of these other people know that I personally walk that boardwalk Saturdays and Sundays to ensure that my clients aren't out there. 1I know what's going on out there. There's a big problem out there with that unregulated -- I don't know.- I shouldn't say unregulated -- meeting that's going on out there. I walk up and down that boardwalk, and there's certainly a lot of people smoking and loitering, and the City should do something about that. But it's not fair that I carry the burden of every rehab on my shoulder. We were there before all these other rehabs. We were there before Mr. Liskin. We were there before a lot of these people that are complaining. We've done our best to work with everyone. And it's not fair that we're being basically looked at as the center of all these problems. We have a facility at 1601 West Balboa Boulevard, one behind us, and one over on 11th Street owned by the same operator. We were there before all three of those facilities opened. Yet, the City is telling me I have to lower my PRECIS$ REPORTING SERVICE 800 -647 -9099 NCR 00456 1 2 t I 3 .a 4 5 6 7 8 9 10 11 12 13 14 T5 16 17 is 19 20 21 22 23 24 25 NSNPORT COAST RECOVERY - 1/12/2009 45 anywhere on the weekends. They do not go to that NA meeting on the beach. They don't go there. We had a couple of clients go there over the years, but they are no longer allowed to attend that meeting. Ms. Oberman and a few of these other people know that I personally walk that boardwalk Saturdays and Sundays to ensure that my clients aren't out there. 1I know what's going on out there. There's a big problem out there with that unregulated -- I don't know.- I shouldn't say unregulated -- meeting that's going on out there. I walk up and down that boardwalk, and there's certainly a lot of people smoking and loitering, and the City should do something about that. But it's not fair that I carry the burden of every rehab on my shoulder. We were there before all these other rehabs. We were there before Mr. Liskin. We were there before a lot of these people that are complaining. We've done our best to work with everyone. And it's not fair that we're being basically looked at as the center of all these problems. We have a facility at 1601 West Balboa Boulevard, one behind us, and one over on 11th Street owned by the same operator. We were there before all three of those facilities opened. Yet, the City is telling me I have to lower my PRECIS$ REPORTING SERVICE 800 -647 -9099 NCR 00456 i i 1 i i i 7 2 3 4 5 °6 7 8 9 io 11 12 13 14 is r' 21 22 23 24 25 NEWPORT COA.9T RECOVERY - 1/1212009 bed count. 'I lowered from 11 to 18 -- I mean from 29 to 18. And now I'm being told to go to 14, because there's another facility behind me next to Mr. Myers that he doesn't want there, and it's coming in after the fact. So now, not only is Mr. Myers paying the price for that, we're being told that we have to lower our bed count.so we don't have as high a concentration. When we came there -- and we were the first ones there, there was no high concentration. We were it. Everyone else followed us. We don't follow everyone else. And, you know, I could go on with people at the last meeting who talked about being within a -- a rehab shouldn't be within a thousand feet of the school. Yet, they're the ones who sold the property to the people that are within a thousand feet of the school. You know, so I don't know who the profiteer is, a broker who sold the property at 1601 West Balboa Boulevard and then comes here and says there's no way a rehab should be within a thousand feet. These people -- talk about profiteers. You know, I don't know who is more of a profiteer there. Mr. Liskin, I don't really want to answer -this man's questions. Okay. I've brought it up before. He doesn't have a right to know what my census is. This is private stuff. This is just like taking the pictures. PRECISE REPORTING SERVICE 800 -647 -9099 461 NCR 00457 16 17 i 18 19 20 r' 21 22 23 24 25 NEWPORT COA.9T RECOVERY - 1/1212009 bed count. 'I lowered from 11 to 18 -- I mean from 29 to 18. And now I'm being told to go to 14, because there's another facility behind me next to Mr. Myers that he doesn't want there, and it's coming in after the fact. So now, not only is Mr. Myers paying the price for that, we're being told that we have to lower our bed count.so we don't have as high a concentration. When we came there -- and we were the first ones there, there was no high concentration. We were it. Everyone else followed us. We don't follow everyone else. And, you know, I could go on with people at the last meeting who talked about being within a -- a rehab shouldn't be within a thousand feet of the school. Yet, they're the ones who sold the property to the people that are within a thousand feet of the school. You know, so I don't know who the profiteer is, a broker who sold the property at 1601 West Balboa Boulevard and then comes here and says there's no way a rehab should be within a thousand feet. These people -- talk about profiteers. You know, I don't know who is more of a profiteer there. Mr. Liskin, I don't really want to answer -this man's questions. Okay. I've brought it up before. He doesn't have a right to know what my census is. This is private stuff. This is just like taking the pictures. PRECISE REPORTING SERVICE 800 -647 -9099 461 NCR 00457 P i i I I f i i 1 1 1 1 1 1'. 1 1' 1. 11 2f 2: 2: 2: 24 2; NEWPORT COAST - RECOVERY 1/12/2009 47 1 If he wants to know crime state, he can go to the Newport 2 Beach Police Department just like I did and get this 3 information.. 4 Mr. Liskin lives over three- quarters of a mile 5 away from my facility. I don't know what problems we 6 cause hixa.. We don't walk by his home. I don't believe 7, he has children in the.school. And I'd life to 8 know -- he has all these questions. I don't know what g we've done.to interfere with his lifestyle. . D And the people that I an interested in are the [. People that tell me that there's something we're doing t that is threatening their children in.a way that they. 3.: can't live with it, and I don't believe that's the case.' L The last lady who spoke said the principal had i been there two.years. She's been there for over five i, years. Okay. She's lying to us. Okay. 1 Anyhow, if there's specific questions that you I want to ask that came up, I -- you know, everything that 1 was brought up -- we don't go to the meetings on the beach. We're not on the blacktop. We have one van. . We try to keep our people from going in the . alley, talking on phones, using vulgar language. We do our best. It will happen, and we will stop it. If that happens repeatedly, we stop it, and we will have the person leave the facility. PRECISE REPORTING SERVICF, 800- 647 -9099 NCR 00458 I iQ i i i t � i 4 5 'S 7 a 9 10 It 12 13 14 15 16 17 18 19 20 21 22 23 24 25 XEVUIORT COAST RECOVERY 1/12/2009 ME I want to treat -- you know, as I told Mr. Myers, who's the only neighbor that has enough respect to come and actually speak with me, that I would work with him in any way possible. He doesn't spread rumor and innuendo. He doesn't go around and try to make stuff up and basically incite a situation. There's only one person that's close enough to our facility that's incited this whole thing; and she's a couple hundred feet away, she said. The other gentleman who's on 11th Street, next to a unregulated facility, is absolutely right. There's -- I can't agree more than, who wants to live next door to a halfway house that doesn't have anyone watching it? I take extreme offense to our place being called a halfway house. It's licensed by the State.' It's highly regulated. They come out, and they don't issue licenses freely. It's a very difficult process to go through. As far as Ms. Oberman telling us how we weren't in compliance, we didn't need to have a Federal exemption permit. We are State licensed. We don't need that permit. That permit was specifically going to be for people that are unlicensed facility offering sober living. That wasn't what we had to do. I came to the City. I talked to the City about PRECISE REPMTM SERVICE 800- 647 -9099 NCR 00459 I :7 2 3 I iQ i i i t � i 4 5 'S 7 a 9 10 It 12 13 14 15 16 17 18 19 20 21 22 23 24 25 XEVUIORT COAST RECOVERY 1/12/2009 ME I want to treat -- you know, as I told Mr. Myers, who's the only neighbor that has enough respect to come and actually speak with me, that I would work with him in any way possible. He doesn't spread rumor and innuendo. He doesn't go around and try to make stuff up and basically incite a situation. There's only one person that's close enough to our facility that's incited this whole thing; and she's a couple hundred feet away, she said. The other gentleman who's on 11th Street, next to a unregulated facility, is absolutely right. There's -- I can't agree more than, who wants to live next door to a halfway house that doesn't have anyone watching it? I take extreme offense to our place being called a halfway house. It's licensed by the State.' It's highly regulated. They come out, and they don't issue licenses freely. It's a very difficult process to go through. As far as Ms. Oberman telling us how we weren't in compliance, we didn't need to have a Federal exemption permit. We are State licensed. We don't need that permit. That permit was specifically going to be for people that are unlicensed facility offering sober living. That wasn't what we had to do. I came to the City. I talked to the City about PRECISE REPMTM SERVICE 800- 647 -9099 NCR 00459 '1 i 1 t i 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 NEWPORT COAST RECOVERY -- 1/12/2009 49 L this. And if I was given wrong direction, it was only > because I was given wrong directions by the City. It wasn't because of something we tried to go around. Ms. Oberman probably knows -- you know, she 9 seems to take a lot of pictures and has a lot of information about all the illegal things we've done. And t I can tell you that shoe fits both feet. And a lot of things are going to be coming up there in the next few days that are going to make this whole situation a lot clearer. L But right now, what I'm stating is that these Z - people come in — and'I understand their problem with 3 rehab. But it's not fair for every problem to be thrust L upon us. We went. We've done our diligence. We've 5 talked with the police. We've talked with the schools. 5 The most important thing is we talked to the 7 schools and the principal. And that's no way to skew g that. Someone can stand out front and, I'll tell you - 9 what, she, can probably get 200 signatures. 0 Because there's not going to be one parent that L she's going to go up to and say, "Hey, listen. Do you 2 want to have a rehab in your neighborhood ?" I'll sign 3 it, you know. That's what she wants. And that's what 4 they're going to get. Nobody's not going to sign that, 5 and I understand that. PRECISE REPORTING SZMCB 800 -647 -9099 NCR 00460 2 i 3 I 1•� 1' i 4 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 NEWPORT.COAST RECOVERY — 1/12/2009 50 But we're here. We've been good neighbors, and we've been here before a lot of these people that were complaining, and.we hope to be here after. But really, we just want to be judged fairly on what we've done and what we have accomplished. . We have men that do very well in our program, It's not 18 -:and 19- and 20 -year -olds. We are an 18- to 80- year -old facility. We have 80- year -old men and 18- year -old men, and everything in between. Professionals, bank presidents, local doctors, local attorneys, people that work in this area, people that live next door to us. I, have a feeling that.the view here is that everyone that's in treatment is .coming from outside this city, and that's absolutely not true. And if anybody . wants to find out that stat, they certainly can go and find out how many.people were arrested in Newport Beach, how many people are arrested on the Peninsula, and all those things. That's not information that we have, and that's not information that we're willing to provide. out it is successful, if everybody wants to go through the City. Any other questions you might have, I'm happy. to answer. MR. ALLEN: I don't have any other questions at PRECISE REPORTING SERVICS 800- 647 -9099 NCR 00461 i i i i 1 i 6 7 8 9 10 11 12 13 14 i5 16 17 is 19 20 21 22 23 24 25 NEWPORT COAST RE(N)VERY - 1/12/2009 511 the moment. Mr. Liskin,.there were allegations back and forth. I think we're through with the personal issues. . MR. LISKIN: It's not personal. He asked a direct question, why am i concerned? MR. ALLEN: It doesn't matter. Everybody's concerned for one reason or another here, and you don't have a right to respond to that. Thank you. Does the staff have anything in particular that you would like to propose at the moment? MR. KIFF: Well, I do have a couple of clarifying comments that I hope might be helpful: A number of the, what, roughly ten people that spoke, a few many of them asked questions, and I'll try answer those, and -- with the understanding that I'm doing this as they're speaking and trying to be helpful to you, Mr. Allen, in the guidance. A couple of folks made an important point about the Narconon meetings that are on the beach, and Mr. Newman referred to those as well. I agree that these are a problem. And it's been brought to my attention by the Council member representing this area; as well as the residents, that we need to exhaust all administrative and legal abilities we have to make sure that either that use PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00462 i I_ e i yt� a I E 5 10 11 12 13 14 15 16 17 18 19 20 21 ^, 22 23 24 I 25 i i NEWPORT COAST RECOVERY - 1/12/2009 is contained in the matter that's not impactful to the residents or goes away. The problem we face, of course, is the beach is open to everyone. But just so folks in the audience know, I have tried to communicate with Narc -- I'm sorry -- Narcotics Anonymous. I apologize if I said Narconon. I did, but I meant Narcotics Anonymous. 'It's an NA meeting. And I've communicated with .Narcotics Anonymous to try and meet with the organizer and to address these problems as best we can. So please know that that's underway. The one gentleman said he did have photos of those beach meetings. Those are always appreciated as I work with that organizer to, again, try to change those meetings. So if you wouldn't mind providing me with those at your leisure, please do. Mr. Mathena raised some interesting issues about the American Planning Association standard that I wanted to address. He did talk about the difference between a community care facility and a halfway house. I have to disagree with Mr. Newman. I do. think the Newport Coast Recovery facility is, as the APA would define it, more of a halfway house. I think that's does have a negative connotation. I think when the American Planning Association was discussing it, it was not intended to. It was to think that this person is halfway PRECISE REPORTING SERVICE 800 -647 -9099 52 NCR 00463 1 2 ( 3 f 4 5 6 i i , , 12 13 14 15 16 17 is 19 20 21 22 23 24 25 NEWPORT COAST RSCOVMY - 1/12/2009 53 1 towards reintegrating in society. But I'll try to put something up on the screen to.show folks what.is coming'. what the APA standard says, and.it's Policy 4, 'Halfway houses should be allowed in all single .family zones by a special use permit due to their multi - family characteristics ^- multiple family -- that warrant the extra scrutiny provided by the use- .permit." So I don't know that I'ne characterized'it the same way Mr. Mathena did, that there should be a tighter standard than one per block. But I do think -- it does say right there .that, "Halfway houses are not, per se, incompatible with single family, but the heighten scrutiny of a conditional use permit hearing," which is what we're doing right now, "is warranted to assure that the.proposed halfway house will be compatible with other land uses in the single family district. The standards to apply are the same ones used for other special uses." So that's just background on.how we got to that statement in the ordinance a full year ago. MR. MATHENA: Excuse me. i feel compelled to PRECISE REPORTING 8ERPICS 800 =647 -9099 NCR 00464 7 8 � 9 i 10 �7 ' 11 i i , , 12 13 14 15 16 17 is 19 20 21 22 23 24 25 NEWPORT COAST RSCOVMY - 1/12/2009 53 1 towards reintegrating in society. But I'll try to put something up on the screen to.show folks what.is coming'. what the APA standard says, and.it's Policy 4, 'Halfway houses should be allowed in all single .family zones by a special use permit due to their multi - family characteristics ^- multiple family -- that warrant the extra scrutiny provided by the use- .permit." So I don't know that I'ne characterized'it the same way Mr. Mathena did, that there should be a tighter standard than one per block. But I do think -- it does say right there .that, "Halfway houses are not, per se, incompatible with single family, but the heighten scrutiny of a conditional use permit hearing," which is what we're doing right now, "is warranted to assure that the.proposed halfway house will be compatible with other land uses in the single family district. The standards to apply are the same ones used for other special uses." So that's just background on.how we got to that statement in the ordinance a full year ago. MR. MATHENA: Excuse me. i feel compelled to PRECISE REPORTING 8ERPICS 800 =647 -9099 NCR 00464 J i i r I i i i 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 23 NXMRT COAST RECOVERY — 1/12/2009 54 observe that there's other language in that thing taken as a whole that are very explicit in saying that these things are the equivalent of multi - family. They are more burdensome, and there shouldn't -- they definitely shouldn't be applied if you take that as a whole. MR. ALLEN: We understand. It's a lenQthv document with a'lot of issues and a lot of ambiguity in it as well. MR. KIFF: And I'm happy to that. This is just, again, my cursory review of a document that we considered a full year ago. Secondly -- let's see if I had another note that folks.brought up. I guess those are all the comments that I had about the questions or comments that individuals made. I know, Mr. Allen, you may have some questions more about the ordinance and about that APA standard and block distance, and things like that. So I'm happy to entertain those questions. MR. ALLEN: Please, no more comments. You've had an opportunity. You've debated this a lot, and you've gotten an good opportunity to present all your thoughts. We could go on arguing and debating for days on this. My observations are the City Council, for the PRECISE REPORTING SE ICE 800- 647 -9099 NCR 00465 i E I t I E 1r I f f, M t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 HLFiPORT COAST RECOVSRY 1/12/2009 55 1 last couple of years, has been challenged by this issue as a result of a lot of the political activity and legal activity by .people on the Peninsula and elsewhere. And the Council did the best job they could under the legal constraints that they have to draft an ordinance that addresses as many of the issues as they can in attempts to establish some standards, and a lot tighter standards in many instances, incidentally, to allow the.City to regulate these facilities, particularly that have heretofore been done clearly. The constraints that would be put on this one that's before us now are so much more rigid than has_been done in the past. One of the biggest issues we face here is that use permits are very permanent in nature, despite the fact they permit uses that are not otherwise permitted the right in the district where they are allowed to locate. They run with the land. They are permanent covenants, if you will, to the land. They are freely transferable by one owner to another. They are very difficult to revoke or even modify once they are in place. Very difficult. And so these have to be granted with a great deal of care. My sense is that this particular use is right on the border as far as what the City Council was seeking PRECISE RSPORTING 8ERVICE 800 -647 -9099 NCR 00466 NCR 00467 IiERPM COAST RECOVERY.- 1/12/2009 56 :A to- address and say this.ia one too many for this 42 location. 3 The Hearing Officer's required to giew the j 4 concentration alone as an issue. The Hearing Officer's 5 required to address the issue of the changing character 6 of the neighborhood-as a result of the use. And the 7 Hearing Officer's also supposed to look.at the.proximity " 8 of other uses, like schools, to the particular use. 9. This one has a school in close proximity. It's 10 close to atr.least one other facility. And I noticed in 11 the staff report that it states the Hearing Officer's i 12, precluded from considering six or fewer facilities that 13 are in close,proximity, and I didn't quite understand 14 that provision. I wonder if you could just quickly 15 address that -before I go on. 16 MR.. KIFF: Sure, Hr. Allen. I apologize if. � 17 I've mischaracterized it. You're allowed -- and I 18 believe the ordinance allows you to consider an existing 19 six -or- under. 20 The issue with this facility is that the 1217 21 West Bay facility is not existing yet. It`s not in 1_ j 22 operation. We expect it to be in operation, but the 23 , ordinance doesn't say to consider things that you expect ` 24 to be in operation. 25 MR. ALLEN: Okay. That's what I thought was i PRECISE REPORTING SERVICE i 800 -647 -9099 NCR 00467 i i I I i �.z .4 5 6 7. 8 9 10 11 12 13 14 15 16 17 18 19, 20 21 22 23 24 : 1 2 i 3 i i I I i �.z .4 5 6 7. 8 9 10 11 12 13 14 15 16 17 18 19, 20 21 22 NEWPORT COAST RECOVERY - 1/12/2009 571 probably the case, and it makes this whole issue much more difficult than the general separation between uses, for instance, for adult uses, where you establish a separation. And that's the beginning of the end. In the.recovery facilities, the City can attempt to.do separations and still not-get there because of the inability to regulate the smaller ones. But that's just something that has to be dealt with here in the legislative process and the hearing process. So in any event, I guess we're legally constrained from not being able to consider a use that's pending and seeking approval right behind this one. But Balboa Horizons is about 300 feet away. The concept of concentration, insofar as the American Planning Association standard is concerned, as I read it, has to do with the concept of institutionalization, that is that when there are several or a few in close proximity, the concept is that they become interactive, that it becomes a more institutionalized zone rather than a residential zone. And the occupants, therefore, don't have the feeling of being in a normal residential zone. Whether that happens here, I certainly can't be certain. But that's a concept that's advanced, as I understand it. PRECISR REPORTING SERVICE 800 - 647 -9099 NCR 00468 23 24 ! 25 NEWPORT COAST RECOVERY - 1/12/2009 571 probably the case, and it makes this whole issue much more difficult than the general separation between uses, for instance, for adult uses, where you establish a separation. And that's the beginning of the end. In the.recovery facilities, the City can attempt to.do separations and still not-get there because of the inability to regulate the smaller ones. But that's just something that has to be dealt with here in the legislative process and the hearing process. So in any event, I guess we're legally constrained from not being able to consider a use that's pending and seeking approval right behind this one. But Balboa Horizons is about 300 feet away. The concept of concentration, insofar as the American Planning Association standard is concerned, as I read it, has to do with the concept of institutionalization, that is that when there are several or a few in close proximity, the concept is that they become interactive, that it becomes a more institutionalized zone rather than a residential zone. And the occupants, therefore, don't have the feeling of being in a normal residential zone. Whether that happens here, I certainly can't be certain. But that's a concept that's advanced, as I understand it. PRECISR REPORTING SERVICE 800 - 647 -9099 NCR 00468 i a I 1 T 1. 1, F4 ' 1! • 1' 1! 2( i 21 2e 2: 24 2E NEWPORT `COAST RECOVERY 1/12/2009 1 Mr..Kiff alluded to the fact that there are 2 some concerns that I've expressed with respect to minor 3, ambiguity but may be major significance with'respect to 4 this ordinance and specifically the distancing or 5 separation that can be -- that is to be applied. 6 And are you. putting that up on the screen now, 7', by chance? 3! MR. KIFF: Yes, sir. i. MR. ALLEN:' The particular issue that finds its way here is that the ordinance recognizes and addresses' L the fact that there are blocks in the City of Newport all the _way from 300 feet long to 1200 feet long. And it's' I necessary to arrive at some degree of standardization was k my understanding of this ordinance: But I may not be i absolutely correct in this instance. i And Mr. Kiff and apparently Counsel for the City have proposed an analysis of that in short order, so that it could be applied. MR. KIFF. Mr. Allen, and for the audience, up on the screen is the text of the ordinance. And this is -- I apologize. It's section D of 20.91(a)060. These are the findings that the Hearing Officer has to make, and I'm focusing on D, that's the one that Mr. Allen was referring to, where it says that, "The hearing Officer needs to make a finding PRECISE REPORTING SERVICE 800- 647 -9099 58 1 NCR 00469 1 I:t I i i r { 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/12/2009 591 that the use will be compatible with the character.of the surrounding neighborhood. In making this finding or sustaining a finding, the Hearing Officer" -- and then "if appealed to, the City Council, shall consider as appropriate the following factors: First one is .the proximity of schools and parks, outlets for alcoholic beverages." And so these are addressed in the staff report. "The second one is the existence of substandard physical characteristics of the area which the use is located, such as lot width,.set backs, at cetera." This proposed.facility -- sorry. This existing facility is within the non - standard subdivision area that's depicted within the ordinance. And basically, that is all of the Peninsula, most of west Newport and Lido Isle. . And then -- so if something is proximate to schools,.parks, at cetera, and if it exists in the sub- -- non - standard subdivision area, then the Hearing Officer can decide. whether, in light of that, it'.s appropriate to apply the APA standard of one to two such uses per block. And then it discusses this concept that in PRECISE REPORTING SERVICE 800 -647 -9099 NCR 00470 1 s 2 . i i i f 3 4 S 7 8 9 10 11 12 13 14 is 16 17 is 19 20 21 NEWPORT COAST RECOVERY 1/12/2009 Newport Beach, block differences -- block lengths vary quite a bit. The average calculable. black length, though, is 711 feet. The median is 617. So then, it directs the Hearing Officer to apply the ABA standard in a manner which eliminates those differences in block lengths. And then in making the determination, the Hearing Officer is supposed to be guided by those blocks lengths. And then there's an important sentence. It says, "The Hearing Officer shall retain the discretion to apply any degree of separation of uses which he or she deems appropriate in any given case." And then it refers to the APA document that I had on the screen earlier. So there's some "shells" and "musts" in there. There's also "retaining the discretion to apply any degree of separation of uses." This was discussed. This was written this way so.as not'to apply what special Counsel in California -- sorry -- our special Counsel, but looking at what the 9th Circuit O.S. District Court of Appeals has said is that a hard and fast standard of say 1,000 feet, or 700 feet, or 300 feet, is not legal in the 9th Circuit. So thus, an ordinance that is created to allow you, as a Hearing Officer, and then ultimately City Council, potentially, to use your judgment, look at the PRECISE REPORTING SERVICE 600- 647 -9099 .NCR 00471 22 ' 23 24 25 i i J NEWPORT COAST RECOVERY 1/12/2009 Newport Beach, block differences -- block lengths vary quite a bit. The average calculable. black length, though, is 711 feet. The median is 617. So then, it directs the Hearing Officer to apply the ABA standard in a manner which eliminates those differences in block lengths. And then in making the determination, the Hearing Officer is supposed to be guided by those blocks lengths. And then there's an important sentence. It says, "The Hearing Officer shall retain the discretion to apply any degree of separation of uses which he or she deems appropriate in any given case." And then it refers to the APA document that I had on the screen earlier. So there's some "shells" and "musts" in there. There's also "retaining the discretion to apply any degree of separation of uses." This was discussed. This was written this way so.as not'to apply what special Counsel in California -- sorry -- our special Counsel, but looking at what the 9th Circuit O.S. District Court of Appeals has said is that a hard and fast standard of say 1,000 feet, or 700 feet, or 300 feet, is not legal in the 9th Circuit. So thus, an ordinance that is created to allow you, as a Hearing Officer, and then ultimately City Council, potentially, to use your judgment, look at the PRECISE REPORTING SERVICE 600- 647 -9099 .NCR 00471 r' 1 2 ; f3 4 � 5 6 7 i ; j3 I r 8 9 10 11 12 13 14 15 16 17 le- 19 20. 21 22 23 24 25 NEWPORT COAST RECOVERY.- 1/12/2009 611 neighborhood characteristics, look the situation on the ground. I. apologize. I know that's not helpful. It's -- it's something that -- MR. ALLEN: It's descriptive of the problem we're facing here. And it's -- as you can see, there's :ambiguity and there's difficulty.in application of it.: You just can't simply pull out a.ruler on a map or go out on the street and put down a tape measure and decide where these.uses.can go. .There's been a lot of testimony on this one about the troubles and problems associated with this particular use. There's no question about that. And it's:all sincere and well intended,. I know. I am of a mind that this matter should be denied. Mr. Kiff, do you have a feel for findings that could be created that would support that conclusion in this instance? MR. KIFF: Well, .just thinking through what the ordinance says, and we've had to do this as we've approached each hearing. If, indeed, your inclination is to issue a denial for this use permit application, the findings would be a number of things. One would say that the proximity to Newport Elementary. The other would be the proximity to Balboa PRECIS& REPORTING SERVICE 800- 647 -9099 NCR 00472 s i 1 A i 3 r .) 1 1 s. 1 j 1 !� 1 1 1 1 2 2 2, 1' 2 2 2. xamRT COAST RECOVERY - 1/12/2009 62 I 1 Horizons. You also could say that the proximity to the 2 Christ Church licensed day care facility, which is around 3 Newport E1 as well.. 4 So I think we could come back to'you with those 5 findings in support of that, that basically say that it's 6 more than -- that the APA standard -- that being 7 consistent with the APA standard would allow you to look 8 at the distances of these other uses and declare that 9 this use is not appropriate in this location. 0 Mr. Allen, in light of what I've just said, is 1 there a direction that you'd like to give us to further 2 refine that or to include specific information such as 3 that in a denial finding for the record? 4 MR. ALLEN: Yes. 'My particular concern is what 5 is the nature -- definition of the block, of the length 6 of the block, that this ordinance directs be applied? 7 You've given an interpretation that this is a B non - standard subdivision area, and ergo, this average 9 median block definition may.not be applicable, as I hear what you're saying. And I may be wrong, and let me keep L going, and then you can respond. t MR. KIFF: Okay, 3 MR. ALLEN: But as I read that section, it's my I impression that the intention of the drafters of the Code g and; therefore, the.City Council was to establish a PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00473 i I I I I 1 i i i i I 1 2 3 4 5 6 7 8 9 10 11 12 13 1!4 15 16 17 19 19 20 21 22 23 24 25 NzwpoRT COAST RECOVERY -J/12/2009 63 criteria in terms of the length of a block that's applicable throughout the City. So that if there's facilities up on the port streets, the same number would at least be addressed, and same,block: length would be viewed there as it would in the Peninsula, despite the fact there's such a difference in density between,,let's say, the port streets or any other large residential,.areas, like.oak Shores and the. City, versus Corona del Mar and the Peninsula here, where there's a lot more.people per dwelling unit or per parcel. And that's where I think the consideration of the -- or the discretion, I should say, of the Hearing Officer would come. into play, both in application of number of beds and number of units per block that would be applied. And I guess that's what I'm trying to get through here, because I'd like to have this resolution prepared denying this £acility.contain the proper block application so that the City Council understands what was intended here, assuming this matter gets appealed. MR. KIFF: I see. And the last several sentences you said are consistent with the thinking of the Council, I believe, that in this non - standard . subdivision area -- again, this is part of the Peninsula. PRECISE REPORTING SERVICE 000- 647 -9099 NCR 00474 i 4 1 3 I i t f� I t f ri F i f i 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY — 1/12/2009 64 This is within the area that is characterized by shorter blocks. In this area, you can decide that just because a block is short doesn't mean you can say -- doesn't mean that you have to say there should be one or two uses on that block, that you can expand the distance and consider two blocks or three blocks guided by that roughly 711 foot line, and say that, "You know what ?. In this case, a block should be longer." So, as a Hearing Officer, you would permit one or two uses in a longer block -- or sorry, a-longer stretch of land. It doesn't necessarily comport with the block distances. So I'm reiterating what you're saying maybe in different words, but I think your understanding is correct. MR. ALLEN: Okay. Obviously the other issues that you referenced are also apparent in this one. This is probably an area -- I did not attend City Council hearings or even read the newspaper about this to speak of, but I have my senses that this is concentrated area on the Peninsula was one of the ones that the City Council felt was necessary to address. .And, therefore, I feel as though, as a Hearing Officer, I need to address the concentration in this area. And so, I.would request or require that a PRECISE REPORTING SERVICE 800 =647 -9099 NCR 00475 E. : i M i i + I i 1 2 3 4 5 6 7: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY 1/12/2009 resolution be brought back, and give yourselves enough time to-do it as best you can. And at the same time, we need to move forward as quickly as we can to deny this application. MR. KIFF: Thank you. Hell, I'll discuss that with Debbie and Janet,.and we will work with your calendar..to see what -- actually, I'm not even sure if this needs to be at a second hearing where the findings are -- let's kick that around here. Do we need to reschedule this for a public date certain? MR. ALLEN: Probably should be a formal adoption, even though it won't be a public hearing. It would still just be a formal adoption that would commence the time running for appeal of the whole thing. MR. KIFF: Go ahead, Debbie. Why don't you fill us in. MS. LINN: I believe you can make your determination. You can call for the resolution to return. The question of whether it needs to be adopted formally as a hearing item or a minute action, I'm not sure. MR. KIFF: We'll'clarify that with Counsel, if Kit doesn't know it off the top of his head, which he might. PRECISE REPORTING SERVICE 800- 647 -9099 65 NCR 00476 i 4 1 . i i s• i f i i `a 1 2 3 d 5 6 7 B 9 10 it 12 13 IC 15 is 17 i'8 19 20 21 22 23 24 25 NEWPORT.COAST RECOVERY — 1/12/2009 We do have an opportunity, Mr. Allen. We have another hearing on Thursday, the 22nd, for the Kramer Center. That's a continued hearing. At the start of that hearing, you could, by order, execute that resolution for Newport Coast Recovery. MR. ALLEN: That's perfectly simple forme, if that gives you enough time to do this job. It's a big job. MS-. LINK: Oh, to draft of the resolution? Yes. It has to go -- MR. KIFF: MS. LINN: MR. KIFF: MS. LINN: Ten days. We have ten days; yeah. Does that seem reasonable? Sure. we'll do it. MR. KIFF: We'll take care of that then. MR. ALLEN: "Okay. I think my thinking has been hopefully sufficiently articulated to support the determination. We have the proximity of the school. We have the concentration of these uses in close proximity here, and they are set forth in the staff report. Ocean Recovery and Balboa Horizons and the other owner recovery, the church down the street, alcohol outlets at Fry's market, and again, at the American Legion, all of which are factors that work together. PRECISE IMPORTING SERVICE 800 -647 -9099 ME NCR 00477 i 1 s i i 0 I 1 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16, 17 18 19 20 21 22 23 24 25 IMP0RT COAST RECOVERY - 1/1212009 67 A lot of emphasis, from my perspective, is the combination of the several together here with the elementary school. And I don't want to overemphasize petitions that's signed by parents of children just today and recognize that the emotional responses like this can be misleading sometimes.. .But nevertheless, I think it's a very significant issue. And the community obviously feels that way, or you wouldn't have kept coming back and bringing it up time and again, both in writing and in the public hearings that we've.conducted on this one. That's a.-summary of my determination. And unless -- does the staff have anything else to add? MR. KIFF: I would just .add that the process from here then, in addition to the hearing -- at the public meeting at which you would execute that resolution on the 22nd, the Applicant has an opportunity to appeal that, and that would be to the City Council. It's not a de novo hearing. So all of the material presented to us would be all of the material that can be considered by the City Council at that hearing. So that's up to the Applicant, certainly, but I just wanted to make sure the folks in the public and the Applicant knew what the options are from here. MR. ALLEN: Thank you. And we're adjourned. PRECISE RBPORTING SERVICE 800 - 647 -9099 NCR 00478 1 2 I 3 a s f 7 9 10 i 12 13 i 14 15. 16 i 17 is 19 20 21 22 23 24 25 NEWPORT COAST RECOVER4 - 1/12/2009 (Ending time: 5:33 p.m.) PRECISE REPORTING SERVICE 500- 647 -9099 NCR 00479 - 1 2 3 4 i 5 6 7 i 8 rz 9 10 11 ! 12 i 13 t 14 15 16 f 17 18 19 20 21 22 23 24 25 1, the undersigned, a Certified Shorthand Reporter for the State of California, do hereby certify: That prior foregoing proceedings were taken before me at the time and place herein set forth; that any witnesses in the foregoing proceedings, prior to testifying,.were placed under oath; that a verbatim record of the proceedings was made by me using machine shorthand which was thereafter transcribed under my direction; further, that the foregoing is an accurate transcription thereof. I further certify that I am neither financially interested in the action nor a relative or employee of any attorney of any of the parties. IN WITNESS WHEREOF, I have this date subscribed my name. Dated:_ JAN 14 2009 Mufa A. Millsap, RPR CSR No. 9266 NCR 00480 3F C s NCR 00481 I i A AA (1) 3721 abated (1)6 :5 abatement (1) . 6:3 abtittfa (1) 51:25 ability (1)10:13 able (5) 172 23.4 2520 29:20 57:11 absolutely (4) 26:1848:11 50:1558:15 abuse (1) 14:2 accept (1) 39:22 access (1)27:19 aawmplisbed... 50:5 accurate (1) 69:12 Act (3) 34:19 86:5,24 action (2) 6521 69:15 382 activity (2) 55:2 55:3 ads (1) 44:17 actual (1) 4421 ad (1) 112 add(3)21:6 67:13,14 added (3) 8:1,20 9:23 addicts (1)30:16 addition (3) 15:16 37 :19 67:15 additional (3) 15:17 20:3 38:8 address (13) NEWPORT COAST RECOVERY - 1/12/2009 11:2014:18 43:16,2444-.1 44:5 52:9,18 56:1,5,15 6422,23 addressed (2) 599 63:4 pddrenes (3) 35:1555:6 58:10 adhered (1) 95 fjaceut(2) 17:101921 adjoining (2) 12.171324 adjourned (t) 6725 administrative... 39 5124 adopted (2)10.3 6520 adeption (2) 65:13,14 adult (1) 573 advanced (1) 5724 advised (1) 3224. ward (2) 33:13 33:13 afternoon (3) 1I:1516.11 33:16 age(2)24:24,24 agenda (2)4:8 4:11 ago (5) 17:13 23:18 302 5324 54:11 agree(2)48:11 51:20 ahead(3)31:8 44:18 65:16 alcohol (4)14:6 40:7430 6623 al wheac (1) 59:8 Allegations (1) 512 Allen (74) 1:9 4 :4,7,141021 102511:6,10 11:15,1714:19 152,2216 :1,3 16:7,11,14,17 18:15,19,25 19.220:1,5 21:923:9,11 24:1026:24 27:128:7,13 28:1929.24 303,7,11312 31:8 33:15,16 34:1535-9,13 37:10,13 41:12 41:1742:16,24 43-.2044:18 5025 51:6,17 54:6,16,20 56:16,25 589 58:19,2461:5 62:10,14,23 64:16 65:12 66:1,6,16 67:25 al y (8) 24:4 26:20 28:25 29:12,18,22 31:24 47:22 allow (4) 9:24 559 60:23 62:7 allowable (1) 720 allowed (5) 9:14 45 :4 53:5 55:1756:17 allm (2) 4:21 56:18 . alluded (1)58:1 ud(► (3) 54 :7 58:3 61:7 amended (1) 99 American (4) 52:17,23 57:15 66:24- amount (2)17 :7 2022 analysis (3) 6 :17 . 7:158:17 snab -Ang (1) 79 Angeles (1) 3:5 angry (1)25:15 annoy (1) 9:16 annually (2) 10:1222:1 Anonymous (3) 32:6,7,8 answer (3) 1020 42:2446:22 50:24 51:14 answt+ed (1) 41:16 anybody (2) 39,1750:15 nwwv (1) 19:24 APA (10) 7:16 38:25 5221 533 54 :17 59:23 60:5,13 62:6,7 Apologize (5) 2724 52:6 56:16 5821 61:3 apparent (1) 64:17 apparently (1) 58:16 appeal (2) 65:15 PRECISE REPORTING SERVICE 800- 647 -9099 67:17 appealed (2) 59:4 6321 Appeals (1) 6020 appear (1)34 :8 APPEARANC_ 3:1 appears (1) 39:1 applicable (2) 62:19 632 applicant (M 4 :18,25 5:3 6:22 7:611:8,9 .11:1121 :13 28:10,19 3921 41:1742:18 67 :17,22,24 Applicant's (1) 720 application (22) 4.18 6:12,16 623,25 7:4,5,7 7:8,12,14 9:1 9:18 10:11,16 36:737:19 61:7,2263:14 63:20 65:4 applied (7) 5:21 37 :3 543 58:5 58:1862:16 63:16 apply (10) 5:9 6:4 399,16 532159:23 605,11,15,17 appoluted (1) 4:8 appreciate (1) 3920 appreciated (1) 52 :12 approached (1) 6121 NCR 00482 3 -) it :i i :j F c: wropriate (1 11:1114:16 17:1518:11 39:12 42:18 59:6,23 60:12 62.9. appropriately. -. 3520 approval (YS) 7:12,23 8:1,1;8 8:15,19,23^ ... 923,251az;1t 10:17;17 57:12 approve (1)5:3 approved - 5- 187:159:25 10:14 approsimataly... 33:14 area {2i) 9:16,19 20-2025:18 26:13 3712 38:3,4,7 5031 51 :23 59:12,15 59:2162:18 63:25 64:1,3 64:19,20,24 areas (1)63:8 ably (3) 32.•23 38:17,20 arguing (1) 5423 arrested (3) 14-.1050:17.18 arrests (2) 14:1 21:22 arrive (Z) 7:1 58:13 articulated (1) 66:17 asked (4) 22:22 41:1651-4,14 assertions (1) 38:21 NEWPORT COAST RECOVERY 1/12 12009 .Assiieta d (2)3:8 39 associate (3) 3:8 3922 :11 associated (1) 61:12 Association (3) 52:17y157:15 mume (1) 25:1 assuming (2) 3925 63:21 aQsme (1j 53:18 assured (1) 122 ettemot (1) 57:6 ahead (2) 45:4 64:18 attention (1) 5122 attorney(4)33:6 `33:734:14 69:16 attorneys (1) 50:11 attorney's (2) 35:644 :16 " audible (1)9:15, andience (3) 5S 52 :4 58:19 available (2) 49 37:23 Avenue (1) 3:5 average (2) 60:2 62:18 avotdiag (1) 37:6 aware (Z) 8:12 16:20 awhile (1) 20:13 a.m (1) 822 B Be" (7) 23 :1,1 23:7,10,12 31:4,4 back (M 24 :3 25:1626.7 272 28:24 M1931:15 42:7 51:262:4 65:167:9 background (2) 4,165323 backs (1) 59:13 badly (1) 29:13 Balboa (9) 5:16 6:8,8 43:17 4522 46:17 57 :13 61 a5 66:22 bars (1)14 :6 based (3) 8 :12 122120:7 baste (1)38:5 basically (6)5 :7 31:1745:20 48:659:16 62:5 bobs (5) 11:3 18:1922:18 2323 39:1 basketball (1) 12:17 bay(3)29:5 43:18 5621 beach (18)1:10 2.8,9 3:3,7,10 4-.112.5 13:14 1320,2514:2 14.3 20:16 21:23 22:2 3323 43:9,13 43:1545:2 472,20 50:17 51:19 52:3,12 60:1 bed (2) 46:1,6 beds(11)520 7:5,6,6,13,21 4-1117-7 20-.222525 63:15 began (t) 43:13 beginning (2) 2.957:4 behalf(1)2 -7 behavior (3)._ . 9:14 382 43:8 behaviors (2) 17:1818:10 believe (12) 14:2215:10 19:6 24:126:1 30:2136:10 47:6,13 56 :18 63:2465:18 best(5)45:19" 47:23 52:9 55:4652 better (2) 21:17" 31:19 beverages 59:& beyond (2)9 :15 33:72 big (5) 12:14 13:9 43:12 45:8 66 :7 biggest (1) 55:13 bikes (1)42 :11 bit (3)16:20 27:8 60:2 blacidup (5) 12:1518:3 19:14,15 47 :20 blarriag (3) 31,1032:1 blinking (1) 202 block(71)39:16 40 :7 53:12 PRECISE REPORTING SERVICE 800 - 647 -9099 54:18 59:24 60:1,1,2,6 62:15,16,19 63:1,5,15,19 64 :4,6,9,11,13 blocked (1) 33:3 blocks (5) 58:11 60:8 642,7 ;7 BOBKO (1)3:4 border(1)55 :25 bother(1)40:19 bottom (1) 22:21 Boulevard (6) 2:8 3:10 6:8 43;1745:22 46:18 break (1) 19:24 brief(3)4.16 11:1840:12 briefly (2) 725 16:18 (1) broker (1) 46;17 brought (5) 46:23 47:19 5122 54:13 65:1 BROWN(1)3.9 building (1) 43 :4 buildings (1) 43:4 burden (3)13:4 39:9 45:15 burdensome (1) 54 :4 burns (1)40:18 business (5)22:1 36:14,15,16 NCR 00483 I� ':9 f i i.� 4023 . -belt (1)40:18. bads (1)18:10 buy (1) 14:6 B- s -� (1) 31:5 CA (2)3:5,10' calculable (11 1 :10 .,294:1. 60:1869 :5 call (3) 325 41:4 65:19 eaDA- (3)20:12 43:748:15 calls(1)41:11 campus (2)18:7 (1)39:20 13:6 42:3,4,5,6,10 care (7) 8:16 36:17,2152:19 55:23 622 66:15 carry (1) 45:15 case (6) 14:25 35:2347.13 57 :160 :12 64:8 cause (2) 26:12 47.6 cautious (1) 32:25 CD (1)27:Z cell (2) 28:25 NEWPORT COAST RECOVERY - 1/12/2009 29:12 ceases (3) 2125 22:146:7x1 cmter(3)43:6 45:21663 centers (1)17:73 central (1)33:18 certain (3) 5:4 57:2465:11 cutshalY (� 13:17,1935:22 45:13 50:16 5713 67:22 Certified(2) 2:1169 :4 eerdfy (2) 69S 69:14 cetera.(4)3313 34:24 59:13,20 dunce (1) 58 :7 change (3)17 :12 1722 52 :13 clanged (2) 825 2021 cbmi3ft (1) 56:5 chwade (6) 179 20:23 4322,23 563 . 593 characteristics- 53:759:11 61:1 characterize (1). 35:20 characterized .- 53:10 64:1 chUV d (1)44 :6 chOd (2)18:17 24 :13 ddhiren (17) 17:1718:1,13 10:74212 25:14,19 26:17 29'.1831:22 33:9,41:25 4422,23 41:7 47:1267 :4 choke (1)11:8 FEW *M 40:18. 1)41:20 (1) 443 city (43) 2:8 313 3.7,8 5:17 9:24 .10:413:4,24 14:5;7,11 17:1618:12 28:23 30.21 34:1435:3,6 37:145:14,25 48=25,25 492 50:15,22 5425 55:9,25 57:5 59:11,17W.5 602462 :25 631,9,20 64:18,2167:18 67:21 City's (2)10:5 10:13 clarification (1) 11:7 clarify (2) 5:1 65:23 clarifying (1) 51:12 class (1) 33:1 clearer (1)49:10 deariy(Z)36:i8 55:10 cRea(1)13:16 dhutta (11)9.4 12:16,1813:1 139,1218:21 38 :3 4405 453;7 der? (10) 424 6.1020:22 !12:1148:7 569,10,13, 31.1966= closing (1) 13:22 CSoast(13)1:8 4:5,17 59,13 5.24.1I :17. 12:71316 32:2143:16 522166:5 code (6) 5:7 8:11 172I coiled (1)17:3 combination (1) 672 come(20)4:19 4:22,25113 14:2115:24 16919:10 .24:16,25 32:8 39:17 40:16 41.442,2S 48:3.1649.-12 62:4 63:14 comes (2) 31:15 46:18 coming (10)14:4 20:17 24:3,4 27:446:449:8 50:14 53:3 PRECISE REPORTING SERVICE 800- 647 -9099 67:9 commence (2) 4:13 65 :14 comment (1) 42:13 comments (14) 420;22,225:1 1032113,12 11- 1723 :I3 38:1151:12 54:14,14,20 common (1)13:8 communicate- 52:5 wiho�mniatted... 52:8 commanieatio- 24:21 52:19 67:8 compatible (3) .10:853:19 59:1 compelled (2) 39:19 5325 complain (1) 32:5 complaining (2) 45:1950:3 complaints (6) 23:1534:2,22 35:1,3,8 complete (3) 6.177.136:3 completed (1) 37:19 completely (3) 9:19,2130:15 eomptiance (5) 7:15 8:6 36 .7,9 48:20 eompm. ez"& NCR 00484 1 s :9 1 I a 31:19 cog (1) 39:15 comport (1) 64 :12 concentrated (1) 6420 concentration - 14:6 46:7. 56:457:14 64:246620 concept (5) 57:14,16,18,24 59:25 concern (8) 11:22 12:15 183 26:3 34.6 34:638:3 62:14 concerned (5) 13 :112031 51:5,757:15 concerns (4) 8:9 11:21.17:7 58:2 concise (1) 11:4 concluded (1) 41:19 concludes (1) 10:19 conclusion (1) 61:17 condensed (1) 25:25 condition (4) 8:15,23 9:23 10:10 conditional (6) 7:12 82 934 10 :1,1153 :16 conditions (12) 5:4 7:22 8:1,5 8:5,7,19,20 10•.2,7,17 NEWPORT COAST RECOVERY - 1/12/2009 44:19 conducted (1) 67:11 _23 contused (1). 27:24 congested (1) 26s connotation (I) 52:23 consider (7) 7:20 3S:23 56 :18M 57:1159:5 64:6 consideration 63:12 considered (4) 289 35 :25 54:1167:21 considering (1) 56:12 consistent (2) 627 6323 . constrained (1) 57 :11 its (2) 55:5,11 contain (1) 63:19 contained (1) 52:1 contends (1) 37:16 content (1) 20:9 contest.(1)44:8 continually (2) 41.743:1 continue (3) 5 :4 20:3 38:8 continued (5) 4:6 6:14,15,21 66:3 control (2) 382 40:7 convenient (1) 36:1 couversatton (2) 20:15,18 conversations 17:14,2219:20 20.24:8 29:14 cooks (2121:8 28:17 Coruna (1) 639 correct (3)15:24. 58:15 64:15 corresponden- 153,5,12,16 15:17,20 Costa (t) 13:24 Council (13) 51:23 5435 55:4,25 59.5 6025 62:25 6320,14 64:18 6422 67:18,21 Counsel (6) 32:2433:2 58:1660:18,18 65:23 counseling (1) 8:13 counselor) 20:12 count (2) 46:1,7 counted (1) 241 County (1) 43:10 couple(9)17:13 21:12 2223 33:25 453 48:9 51:11,18 55:1 couple -boar (1) 243 come(3)20:16 40:5 523 court{5)1217 34:18 41:22 43:106D-.10 courtyard (1) 9:19 covenants (1) 55:19 create(1)43:25 created (4) 301134:10 60:23 61:17 crime (1) 47:1 crimes (2) 21:15 21:18 criminals(1) 22:10 criteria (1) 63:1 CSR(1) 69:23 CUP (2) 36:22 36:22 curlew (2) 8:25 9.1 cntrent(1) 38:17 wry (1) 54:10 D (2) 5821,23 Daffy (1) 14:8 danger (1) 35 :16 date (3) 5 :4 65:1069:17 Dated (1) 69:20 daughter (2) 25:8 40:15 Dave (3) 3:8 27:1134:7 David (1) 32:13 day (6) 9219:6 26:1132:11 42:162-.2 days (7) 6:23 PRECISE REPORTING SERVICE 800 -647 -9099 12:1840.1 49:9 5423 66:11,12 de (1) 67:19 deal(5)19:23 23:1742:8 43:12 55M dealt (4)12:4 13:18 2230 ' 57:8 debated (1) 5431 debating (1) 5423 Debbie (4) 3:8 6 :12 65:6,16 December (7) . 4 :6 6:14 7:2;4 14:3 27:10 345 decide (3) 59:22 61:9 64:3 decided (2) 29110 43:15 declare (1) 62:8 5232 36:22 de5nitely (1) 54:4 dells tlon (4) 39:2,5 62:15 62:19 degree (4) 38:17 58:13 60:11,16 del (1) 63:9 deliveries (1) 9:6 demonstrated... 38:1 denial (2) 61:22 62:13 denied (3) 38:21 38 :23 61:16 NCR 00485 { A i i 63:7 deny (2) 5:4 65:3 denying (1) 63:19 Denys (4)15:16 33:17 35:14 38 :14 12:613:15,20 35:8,8 40:19 43-947:2 departments (1) 3.5:4 depid (1) 28;7;: depleted (1) 59:16 ,depicts (1)28:24 descriptive (1) designated (1) despite (2) 55:14 63.16 5:3.10:61820 60:7 65:I9 66:1867:12 determine (1) 10:1. detpTmined (2) 7:99:6 determines (1) 4:24 difference (2) 52-1963:6 differences (2) 60:1,6 differeal (6) 22:23 26:11 36:1140:25 422464 :14 difficult (4) NEWPORT COAST RECOVERY - 1/12/2009 48:17 55:21,22 57:2 mcwty (1) 61:7 daigence(1) 49:14 . direct (2)10:16 515 directed(2)6:n 72 direction (3) 49:162:11 69:12 diredloos (1) . 49:2 dkedly(6)23:2 23:17,1633:20 34y143:20 direels (2) 60:4 :. 62:16 d (1) 52:20 discretion (3) 60-10,15 63:13 discus (1) 65:5 dlscauued Cl) 60 :16 . dbmsses (2) 35:175925 ducoldog (1) 52:24 disingenuous (1) 22:8 .54:18 Q-864:13 distancing (1) 58:4 district (4) 18:6 53:20 55:16 60:19 doctors (1) 50:10 document (6) 35:15 38:25 39:8 54:7,10 66:13 docamentatto- 34:25 35:1,1 38:8 40:3 documented (2) :..13:23 439 34:18,19,20 . 35:5.36:2,25 doing (9) 139 18:2029:3,16 30:931:16 47:1151:15 .53:17 demlpeted (1) 38:4 door (6) 30:15 31:23 32:6,7 49:125(H2 draft(2)55:5 66:9 drafters (1) 62:24 drift (1)26:8 drag (3) 14:2 41:843:24 drank (1) 14:1 due (6) 6:5,15 16 :417 :13 282153:6 D11Ps (f) 14:2 daplei (4) 239 23:1226:20 272 DVD (13)27:9 27:11,1429:2 28:7,162925 30:25 32:12,15 32:17,19,21 dwelling (1) 63:10 carrier (3) 15:3 27-106D:13 213 wed (1) 21:21 sight (2) 16:25 30:1 phlu- (5)25:15 33-740:14,22 st2s M(6)16-21,22 17 :724 :14 33:12 62:3 elech"onia(1). 21 :7 eiemeutary (14) 5 :166911:21 11:2512:8 15:1016:13 n:s ig:s 262340:8 4125 61 :25 .67:3 eBmlmaw (1) 608 emotlonal (4) 22:13,14,16 675 emphasis (1) 67:1 employce (1) 69:15 enclosed M 7:3 9:19 encoanged (1) 12:19 enforce (1) 9:12 enforced (2) 9:3410:3 Enforcement (1) PRECISE REPORTING SERVICE 80.0- 647 -9099 35:4 enjoy (1)25:20 ensure (1)45 :7 entertain (1) 54:19 environment (1) .18:12 equipment (1) 12:17 equivalent (2) 15:154:3 ergo.(1)62:18 ESQ (2) 19 3:4 establish (3) 55:7 57:3 62:75 at (4) 33:23 34:24 59:13,20 evaluate (1) 1.0:14 event (2)10:14 57 :10 everybody (2) 28:2150:22 Everybody's (1) 51.6 evidence (8) 27:10,1729:5 28:9 342 35:24 36:23 40:21 evidently (1) 39:1 example (1) 36 :13 excess (1) 38:22 excuse (4) 7:16 23:1126:24 53:75 execute (2)66 :4 67:16 exemption (2) 36'15 48.70 exercise (1) .NCR 00486 i i� i 1 .:I i i i i 12:20 exhaust (1) 51:24 Exhibit (1) 7:24 existence (1) 59:10 existing (4) 5:8 56:18,2159:14 exists (1) 59:70 expand (1) 64:6 expect (2) 5622 56:23 etpflelt (2)39:8 54:2' expressed (3) 89 9:15 58:2 extra (4)13 :4 37:11,13 "53:8 extreme (2) 39:1048:14 e-mail (4) 15:3,4 16-25'34:7. eicidlo (1)'14:22 F' F (2)19.22 24 :18 face (3) 33:3 52:2 55:13 faces (1)29:4 facilities (10) 5:15 6:4123 37:139:1 45:2455.9 56:1257.5 633 faeillty (61) 4:5 5:13,14,17,19 5:23,25 6:2,9 7:18 8:10,11 92110:7 13:1020 :13,20 22:5 23:3,16 23:2124:5 2621,22 27:4 NEWPORT COAST RECOVERY - 1/12/2009 28:2529:2 30:)4 33:20,21 36:17,21,21 38:17,20,22 392,2440:6 40:14,1642:7 43:24,25 45:21. 46 :3 47:5,25 48:8;70,23 50:852:19,21 56:10,20,21 59:14,15 622 63:19 facing (1) 61:6 fad (16) 6:15 7:1712:12 18213121 36:514,23 39:8,11,22 46.455:15 58:1,1163:6 factors (2) 59:6 66:25 fads (1) 11:19 factual (1).13:23 faculty (1) 8721 faded (1) 28:1 fail (2)39:22 . 402 f� ( 22-19 3 12 45:14,2049:13 fhirly (2)22:7 50:4 false (4) 43:14 44:2,5,7 families (3) 22:15 38:4,5 family (10) 8:14 17:10,2429:15 43:1,6 53:6,S 53 :15,20 fanbude(2) 26:1930:16 far (3) 40:17 48:19550 fast (1) 6020 February (3) 5:106:3,6 Federal (3) 36:8 3625 48:20 fed (9),17:16 18:525:19 29:13 34:6 39:1953:25 61:1664:23 feeling (2) 50:13 5721 feels (1) 67:8 fed (17) 523 7-.1929,6 33:1940:8 46:13,15,19 48949 :7 57:13 58:12;12 60 :3;21,21,21 felt (2) 8 :4 64:22 fence (1) 18:8 fewer (1) 56:12 A" (1)18:3 figure (1) 27:2I filed (1) 23:14 Ullnu (1) 38 :15 find (1) 9:25 Badly (4)22 :4,9 38043:8 financially (1) 69:14 fund (4) 32:8 3623 50:16,17 finding (5) 8:3 58:25 59:3,3 62 :13 findings (10) 7 :10 8:4 34:1 365 37:8 58:22 61:16,23 62:565:8 fine 40:1944:12 first (9) 4:11 10 :1211:8,20 21:1533 :11 34:1.46:8 59:6 firs (1)49:7 five (6) 11:25 17:1,2 32:3 33:2247:15 fixing (1) 22:5 !lashing (1) 40:13 flippant (1)44:4 Floor(1)3,5> focusing (1) 58:23 folks (9) 5:515:9 39:1841:6 51 :1852:4. . 53 :3 54:13 6723. " . follow (3) 11:1 41=46.10 Wowed (1) 46:10 following (1) 59:6 foot (1)64:8 force (1) 41:10 formally (1) 6521 format (1) 11:1 forth (3) 51:3 66:2169:7 PRECISE REPORTING SERVICE 800 -647 -9099 forward (6).10:2 11:2,13 14:17 16110 65:3 forwarded (3) 15:5 35:6 four(Z)9 :5 19:22 frankly (2) 392 40:15 55 :19 friend (1)41:224 ftiendly ' (1) U-.17 front(g)17 :I 25-14 29:18,22 30:18.423 43:1849:18 frustrated (1) ' 2322 Pry's (1) 66:24 full (3y29:7 53:2454:11 funcom(1)38.5 farther (4) 10:4 621169:12,14 12:9 G game (1) 31:25 garage (4)13:6,9 23:25 29:10 gas(2)34:24 40:17 �� M 0:21 39:15 572 gY (2) 19:13,17 gentleman (6) 22:5 26 :6 31:1142:20 NCR 00487 i t t i i i. I t t F �a , f I genflemau's (2) 29:11,40:24 GSRSHON (1) 3 :4 8 (2)14:25 37:7 give (8)14 :16 16 :1031:5 -62:11.65:1 ften (7)7:17 ,,7-7.1,7.37:13 49:1,2 60:12 62:17 dves:(1)66:7 go (31W.24 19:1329 :10 31:8,2237-.14 39:23:40:20 4125 44 :18,2I -442145:1,2,3 46 :2,I147:1 . 47:1948 :5,18 49 :3;21 50 :16 54'.22'54:23 56e15 61:8,10 65:1666:10 goes (3) 39:21 44:1152:2 8WR9(4)4:4,5 6:1111:17,18 15:1124:3;4 29:1130:14 32:8 36:4 37:20 38:5 40:16,2041:1 41:1,9,16 42:17,2444:20 45:3,104721 48:22 49:8,9 49:20,21,24,24 62:21 NEWPORT COAST RECOVERY - 1/12/2009 good (9)11:15 16:1118:25 21 :427:4 33,1641:24 50:15422 gosh (1) 42:8 gotten (2) [3:18 .5422 grade (2) 24 :14 2435 (grand (1) 3:5 granted (l) 5522 greater (1) 22:12 ground (1) 61:2 group (6) 5:6 19:11;16 24:20 39:3,5 groups (1)20:8 gaeas (5) 1523 57:10.63:17 51:17 guided (2) 60:8 64:7 gays (4) 14 :14 29:13 32:7 33:8 gym (2)12:18,20 H habits (1)17:17 half (2) 37:11,14 halfway (11) 39:4,9,12 48:12,1552-19 52:22,25 53:5 53:14,19 hand (1)41:14 handled (1) 35:7 happen (4) 27:7 35:2441:1 4723 happened (1) happening (1) 30:17 happens (4) 9:19 -41:5 4724 happy (8)14:18 28:16 3I5 36:138:7 5023 54:9,18 harassed (1) . 43:1 hamaament (1) 41:8 Lard (3) 17 :17 4423'60:20 head (1) 6524 health (1) 20:25 bear (6)17:15 :17:2220:10 23:524:19 62:19 heard (2) 13:19 38:14 Leariug (6fi) 1:7. 1:9214:4,8 .4:18;21,23,24 5:2,7,216:14 6:15,19,20,20 6:21,247-.19 8:3,910:5,23 11:1,1415:20 15:21,2116.8. 16:8,2123:4 24:2132:22 34136:13 41:18 42:17 53:17 563,4,7 56:11 579 5822,25 59 :4 592160:4,7 6010y161:21 63:13 64:10,23 65:8,13,21 662,3,467 :15 67:19,22 hearing (3) 4:1664:19 67:11. heavier (1) 399 heighten (1) held (2) 5:7 19:11 llelio(M26 :15 -38:10 64 (2)M13 2523 helpfal(3)51:12 51:16;613 heretofore (1) 55:10 31 46 :7y (1)145 boc (1) 113 UM(1)35:11 holldaya (I) I9:7 home(7)24:%17 24253121. 39-3,5 47:6 hope (3)21:13 503 51:12 hapdaly (4) 30:23 353J 38:12 66:17 Horiwus (4) 5:1757:13 62:166:22 borrendose (1) . PRECISE REPORTING SERVICE 800- 647 -9099 41:2 hourp,(7) 8:18 822,25 9 :7,8 16:2417:11 house (11) 29 :6 29:19 30:19,19 33:1039:4 48:12,15 52:19 52;2253:19 houses (4) 39:10 . 39:11535,14 hundred (1) 48:9 bsnband (5) 17 :1218:4,16 25:944-24 I� identify (2)19.3 34.15 Megal.0) 38:18 - ;38:19;49:6 imn8tne (i) 43":19 imsnatertal (2) ,Immediately (1) 12:4 Impacdol (1) S2,1 - impaired (2) 21 :3,4 Implement (1) 824 Implemented (1) 9:22 Important (4) 28:15 49:16 51:18609 Impression (1) 62:24 Improvements.- 34:24 Impugn (1) NCR 00488 i 7 c i f i m i 4322 impugnlug (l) 43:23 Inability (1) 57:7 4nddcet(2) 13:1523:18 iuddentally (1) 55 :8 faddent& (2) 23:2436:12 i¢dte (1)48:6`. Incited (1)48-8 inclination (1) 61 :21 Include (1) 62:12 Included (2) 6:18 722 including (2) 15:13 39:17 lncompalible (1) 53:15 incomplete (1) ` 616, incr+ le (1)* 30:6 individual rn 28:24 33:4 . Individuals (2) 32:4 54:15 IuferrnatiOn (9) 22:2 43:14. 44.3,747:3 49.650:20,21 62:I2 Ingham (15) 16:11,12,16,18 18:18,22,74 19:1,4,5 20:4,6 20:9 21:6 44:22 Ingham (1) 25:12 bd" (1) 34:5 Injustice (1) 30:9 NEWPORT COAST RECOVERY - 1/12/2009 innuendo (2) 11:1948:5 Innuendos (2) 43:3 44:12 fnrofar(1)57:14 Instance (3) 57:3 "5835 61:18 22:15 55:8 -57:17 fnstltu jonal &- 57:20 Instructed (1) 12:16 Intended (3) 52:25 61:14 63:21 Intention (1) 62:24 43:19 interactive (1) 57 :19 Interested (2) 47:1069-15. interesting (2) 40:25 52:16 Interfere (1) 475 Interpretation . 62:17 intladdation (1) 41 :8 Introduce (1) 26:16 Investigated (1) 13:21 Invitation (1) 4:19 Invited (2) 4:19 41:11 Involved (1) 28:21 involves (1) 38:6 We (2)26:7 59:18 lme (10) 21:16 48:1755:1 56:4,5,20 57:1 58:9 61•.22 67:8 issues (8) 40:11 41:2 51:3 52:1654 :7 55:6,13 64:16 item (2) 6:14 6521 items (1)35 :17 1- D*h -u-m (Z) 16:1619:5 Le (1) 39:7 J . Janet (2) 3:9 65:6 January(4)111: 2:104-.16:21 Jeff(9)15:17 19:426 :15 27:2431.6 32:14 33:6 34:12 35:15 Jeffrey ill 15 :13 John (1) 35:4 Jordan (1)26:17 Jose (1) 37:23 judged (1) 50:4 judgment (1) 60:25 Jane (1)43:11 K K (1) 3:4 keep (3) 9:14 47216220 kept (2) 31:17 67:9 keyed (2) 23 :19. 27 :6 kick (1)655 kids (8) 11:23 26:19 29:19 30-1733,11 39:642:1,11 IM (41) 3 :8 4:12,1415:13 . 10:2411 :6 14:2415:8,25 16:6 23:6 - 27:13,19,21y4 28:3 32:14,19 33:634:7 35:10,11,14 ; 51:1154:9 56 :16 58:1,8 58:16,19 61:16 61:1962:22 - 63:2265:5,16 65:23 66:11,13. 66 :1567a4' kind (5)15:I9 25:15,1528:1 32:9 Kindergarten 24:14 kindergartner_ 16:23 Kit (1) 65:24 knew (2) 20:6 67:24 knock (1) 31:22 know (60) 17:21 19:24 20:11,20 21:16,22,25 2223 2423,24 25:2,I0,25 2620,10271 27:1129:7,13 PRECISE REPORTING SERVICE 800- 647 -9099 29:17,20,22 30:8 31:17,24 32:5,2234:13 36:2 37 :6 39:15,2140:3 409 45:6,8,9 46:11,16,16,20 46:70,74 47:1 47:5,8;8,18 48:149:4,23 52:4,10 53:10 54:16613,14 64:865:24 . 35:21 knows (3)12:10 20:1749:4 Kramer (1)66:2 Kristin (2)16 :12 44:22 64 :12 47:22 MW (1) 63:8 Larry (2) 152 ..38:10 lastly (1) 37:25 late (1)16:20 . Laura (2) 2:11 69:22 low (1) 39:15 laws (3)3&8,10 36:10 Isys (1)39:11 leave (5)13:22 18:2,2 25:16 47:25 Idt (2)12:10 NCR 00489 N s =� i i �I legal (4) 51:25 55:2,5 60:21 legaUY (1) 57:10 Legion (1)66:24 legislative (1) 579 lengtli ('9602 62:1563:1,5 Imgtha (3) W. .60:6,8 �lengthy (1)54:6 letter (4)152,8 17:623:3 � letters;(2)14:15 1420 ; let's (8) 10:25 11,13 16:7 29:2144:18 54:11637 65:9 level (1) 9:15 lewd (1)9:13 license (3) 7:6 3&14429' licensed (7) 5:14 7:18,219:11' 4.8:15,2162:2 11conses (2) 37 :7 .48:17 licensing (1) 9:9 Lido (2) 26:7 59:18 We CZ) 25:21 38S lifestyle (2) 21.1447:9 light (4) 20:1 40:13 5922 62:10 limit (2) 11:3 26:2 limited (3) 4:23 8:18 9:8 NEWPORT COAST RECOVERY - 1/12/2009 2lae (2) 22:664 :8 ilnes (1) 34:24 tink(2)27 :18 28:17 Lion (7) 3:8 6:12 6:13 65:18 66:9,12,14 21:1141:15 .. 45:174622. ' ". 47:4 51:2,4. ffsted (1) 7:23. Man, (2) 30:23 4921 little (5) 12:21 16:20,2427:9 34:15 livt (17)449 21:1223.1 25: :7,18 26 :7 2620,24 30:13 33:19,20,24 38 :441:20 47:13 48:12 50:12 rived (1)26:21 lives (2) 43:17 47:4 living (2) 29:4. 48:24 local (9) 17:20 36:8,10,18,20 37:238:15 So:lo,lo locate (1) 55:17 located (1) 59:12 location (3) 6 :7 . 56:267-9 locations (1)93 loitering (4) 17,1418:9 352 45:13 long (3) 39:7 58:12,12 64:11 look(10)14:8,17 16 :3 22:6,24 34:8 56:7 60:25 61 :1 62:7 looked (1) 45-20, baking (2) 14:12 60:19 looks (IL) 15.9 Lori (1) 15:4 Las (1) 3:5 kat(1)27:3 lot (M20:17 25:4,17 26 :12 29-5M.13 45:13,17 49:5 49;5,7,9 50:2 .54:7,7,21552 55:7 59:12 61:1163:10 67:1 Ind (1) 3124 love (1)41:4 lowly(1)25:17 lower (2) 45:25 46* lowered (1) 46;1 LP (1)1:8 lying (1)47:16 machine (i) 69:10 main (2) 11:22 23:7 major (2) 38:3 58:3 making (2) 59:3 60 :6 M an (2) 42.2,4 mandstory(1) 12:19 meaner (2) 10:8 60:5 51:8 23:22 nmtuw (3) 35:17 67:20,20 materials (3) 6 :17,23,25 Mathes (6) 1152 38:10,10 52:16 53:11,25 Matt (2121:11 matter (8) 4:6;8 4:11:3121 51t6 52:1 61:15 63:21 matters (1)41:6 msrlmam (1) 9:10 MC (2) 41:20,23 McKinsey (1) 15 :4 41:20 ocean (8)24 :7,17 24:18 32:2 40:846:164:4 64:4 means (2) 3923 40:5 meant (1) 52:7 measure (1) 61:9 medlan(2)60:3 62:19 PRECISE REPORTING SERVICE 600 -647 -9099 medicAUY (1) 212 meet (2) 8:10 52 :8 meeting (8) 14:1725:10 45:2,4;10 46 :12 52:7 67 :16 47:19 51:1'9 52; -12,14 member (2) 43:6 51:23 members (2) men (7)24:20,22 2,4.-2525:9 50:6,8,9 mention (3) 14:2036:11 44:21 mentioned (3) .15-.2318:15 21;2.0 Mesa (1) 1324 Mike (2)11:16 31:4 ~a (1)32:5 mile (1)47:4. Mi0 V (2)2:11 69:22 mind m52 :14 61:15 mine (1)18:4 minor (1) 582 n oute(3)37 :11 37:13 65:21 minutes (5)4:23 11:3 16:3,9 17:1,231:5 32:3 NCR 00490 I� , i i 1 56:17 misdemeanor „ 44:6 misleading (1) 67:6 nisrepresenta_ 36`15 mission (1) 38 :1 modify (L) 55:21 moment (3) 26:1651:1;10 Mommy (1) 24:17 Monday 03)1:11 money (1) 25:17 monfh (1) 5:22 mohtLs:(5j'9:25 10-6,1230:1 `32:6 Morris (2)24:11 24:11 mother (1)24 :13 move (6) 11:13 33:12,72,13 44-465:3 movie (1) 27:15 multiple (1) 53:8 multi -famUy (2) 53:7543 madc (8)29:1,6 29:7,8 31:10 31:18,24 32:1 musts (1) 60:14 Myers (m 15:13,1716:2 26:15,15,35 272,I6,2D,23 NEWPORT COAST RECOVERY - 1/12/2009 28:2,4,11,14 28:22:30:1,5,9 30:12 31:3,9 32:17 33:4,7 34:12 35:15 46:3,548:2 38:11 M-c (1) 41:23 M- o- r� (1) 24:12 M -;-e -" (1) 26:16 N nun (12) 11:1,6 16:12;1419:4 19.4:21:11 23:124:11 26-.1531:4 41-.2269.19 named (1) 15:5 Nov (1) 523 Narcimon (2) 51:1952:6 Narconon's (1) 62 Narcotics (3) 525,7,8 nature (4) 37:2 39.1255:14 62:15 near(1)5:25 nearby (1) 5:15 necessarily (1) 64:12 necessary rn 58:13 64:22 need (15) 13:5 20:321:25 25:23 30:5 32:24 33:8 41:4,1048:20 48:215124 64:23 65:3,10 needed (2) 8:4 38-16 needs (7) 5-9 28:2030-20,24 58:2565.,8,20 negative (1) 52:23 neighbor (3) 13:1741:24 482 neighborhood - 10:9 17:9 20:2449-22 56-659:2 61:1 M%bbors (4) 13:13 14 :10;15 50:1 neighbor's (1) 13:6 MUM (2) 41:20 41:23 ne tber(1)69 :14 never (4) 12:16 23:143622 37:3 nevertheless (1) 67 :7 new (4).16.22 38:20,20,22 newer (1) 20:14 Newman (7) 11:15,1642:23 43:23 44:20 5120 52:20 Newport( 1:9,102.-8,8,9 3:3,7,10,104:1 4:5,175:9,12 ,5.-15,246:8 11:17,21,24 12:2,5,7,8 13:14,I6,20,25 14:1,3 15:10 16:13,21,22 17:7,818:4 20:16,2321:116 21:21,21,73,25 222 24 :13 25:3 32:20 33:1141:25 43:9,13,15,I6 47:150:17 52:2158:11 59:17 60:1 6124 62:3 66:5 newspaper (1) 64 :19 newspapers (1) 14 :8 Nobody's (1) 49:24 noise (1)27 :4 35:1 non- coneentrx_. 22:20 non - standard 59:15,2162:19 63:24 non- violent (1) 22:10 normal (2) 9:7 57:22 note (1)54:12 noticed. (1) 56:10 November (1) 25:6 novo (1) 67:19 number (18) 7:13,21,22 14:2120:22 21:2026:3 34.11,1238:15 39:23 40:13 42;10 51:13 PRECISE REPORTING SERVICE 800 -647 -9099 iu 61:23 63:4,15 63 :15 numbers (4) 12:25 13:23 22:21,22 nurturing (1) 18:11 N e4- (1) 41:23 N- e- w-m-a -n (1) 11.16 69.9 15:1633:16,17 35:74 37:12,15 42:25 43:11,13 43:15 45:5 49:1949-4 Oberman's (1) 35 :11 OBORNY (1) 3:9 observstlon (1) 38:13 observations (3) 38:1240:24 54:25 observe (1) 54:1 obtain (2) 8:15 36:2.2 obtainable (1) 223 obtained (1) 36:14 obviously (3) 25:164 :16 67:8 acessioos(1) 36:11 occupants (1) 57:21 NCR 00491 I k i Ij 21:18 Ocean (4) 520 .5-23,2466:21, offense (1)48 :14 offer, (1) 4:22. offered (I) 41:17 offering (1) office (1) 35 :6 officer (11)1:9' 4:8,23 6:19,21 720 8310:5 43:14;443: . 5822,25 59:4 59:22 60 :4,7 60:10;24 63:14 641.10,23 Officer's (6) 4 :19 52 563,4 56 :7,11 offices (1) 44.17 s'643tte (1) 9:5 39.,1442:9 66:9. . Okay (12)16:1 20:1,5 275,19 27:2028.13 303,1:132:19 35:24 36.4 37:15 42:17 44204623 47.16,165625 62:22 64:16 66.16 old: (3) 26 :17,18 38:14 alder (1)24:22 once (1) 5521 one (6) 41:2 46-.8,1453:21 57.764:21 ongoing (2)24:7 NEWPORT COAST RECOVERY — 1/12/2009 24:8 onafreet (1) 8:17 open (8) 4.4,21 9:2010:22 16 :818:7 25:19 SU opened (1)45:24 operated (2) 523.10:7 operating (1) 37: operation (5) 5:8 7:18 5622;22 5624 operations{ (2),. :8,13,21 operator (9) 36-6.1.9,31-5 37:16,18,25 42.1445:23 ophdon (1) 16:23 opportnaity (9) 11.828:10 41,.18 42:19,21 5421;22 66:1 :67 :17 option (2) 1725 .18:2 optiom (1)67:24 orally (1)34:7 Osage (1) 43.10 order(5)7:11 10:14325 58:17 66:4 ordinance (17) 4.1730:22 36,1837:2 5324 54 :17 55:6 56 :18,23 58:4,10,14,20 59:16 60:23 61:20.62:16 ordinances (1) 36:20 organize (1) 16:21 organized (1) 3I4 organizer (z) 52:9,13 outiots (2) 59:7 66:23 ontside (8)49 r .92013:10 :14.4,1117.1. 19:13 50:14 o tra- 22:17 overconcentra- 21:17 overewphasiz- 67:3 owned (1) 45:23 owner (3) 239 55:206622 owaetx.(2)23:13 43:3 o'dock (4) 9:1,2 9:232:23 package(t)6,18 paid (1)44:8 Pam(1)23:1- Parcel (2) 8:3. 63:11 parent (3)16:13 17:644:20 parents (2) 15:9 67:4 park (4) 5:25 19:8,1225-7 parked (1) 12:24 p:ftg(10)8:8 8:10,10,16,J7 35:16 37:9,16 37 :183 parks (2) 59:7 59•.20 part (8) 5:118:2 8:714,16,23 40:1044x4 63:25 Partidpotion (1) :12:19 pwdcdwm 23:337,25 51-955:24 56:8589 61:13 62:14 Pay (2) 2218 559 parties(1)69:16 partner (1) .11:16 parts (1)20:18 passed (1) 37:2 oath #1)3320 J7a32039 ATRICK (1) 3:4 44 :11 paying (1) 46:5 pending (2) 5:22 .57:12 Peoinsola (12) 21:12,1923-2 33:18 41:21 50:18 553 59:17 63:6,9 63:256421 people (56) 11:2 13:1114-4,7 14:10,11,12 15:116:23 18:4,2019:12 19:13,1720:17 PRECISE REPORTING SERVICE .800- 697 -9099 11 21:20,22 221 22:13,1423:20 25:23:29:22 30:1632:25 34:2137:19,22 37:23 3922,73 392.3;2540.2 40.6,224422 45:5;13,18 40:1-1.14,19 47:10,11,21 46:23'49:12 .50:2,11,11,17 � 50:1$i51:J3 553 63:10 percent (4)9:11 21:1922:1 40:2. perfectly (1) 66.6 period (5) 24:3 34:4 37:6 38:2139:17 permanent (2) :55:14,18 permit (21) 5:6 5.-10,18,217:8 8:219:2410:1 10:1134:25 37:1,34821 48:22,22 53 :6 53:9,1655:15 .61:2264:10 permits (4) 6:5 8:1537:7 55:14 persaitted (2) 6:9 55:16 (1) 44.11 person (7) 14:16 16:917.4 44:1747:25 48:7 52:25 NCR 00492 . !:r personal(m 17 :12 34:11 433 45:6 person's (1)33:3 perspective (1) 61:1 pertain (1) 8:8 pertinent (2) 11:1844;10 plus (1) 67:4 pphy (1) 39:15. phone (2) 28:25 29:12 phones:(1)4722 phaaetic (3) 16:12.21:11 355 Phetograpitz M . - 15:1327:9,15 28:1;5,5,6 photos (8)15:15 15518 :1913 21,732:15;17 32:20 52:11 physical (2) 342359:11 pick (1) 9:8 picking (1) 4125 picks (1) 13:3 pietares (3) 32:25 46:25 49:5 Pilot (1) 14:9 ping(1)3125 pissing (1) 2322 Place (8) 821 9:6 25:3 29:14 44:25 48:14 5522 69:7 NEWPORT COAST RECOVERY — 1/12/2009 .placed (1) 69:9 places (3)14:6 172126:12 planner (3) 3:8.9 6:12 - Pkannbe (3) 52:17,2457:15 plan: (1) 9:3 plate(1)42:10 play (6)19:8 27:1229 :18,2I 32:13 63:14 Playground (9) . 17:10,13 18:2 185,1219:8 I92120:8 44:23 Playgrounds (1) 25:20 playing (4) 24:2130:18,19 38:6 pleaded (1)44:8 please (11)11:4 16:919:2 25:138025 33:14 37:19,14 52.•10,15 54:20 point (13) 5:12 11.4,621:16 28:19 37:17 38:2439:11,19 392040:9,20 51:18. pointed (1) 22:4 paints (4) 23:7 33:2539:14 40:12 police (17).125 13,14,2023:14 23:15 24:6 323 35 :8 40.-1341-.4,5 41:10439,14 44:3 472 49:15 p (1) 43:16 - policies (1) 9:12 policy (1) 53:4 political (1) 55:2 pons (1) 31:25 port(2) 633,7 possible (2) 31:7 48:4 Possibly (3) 5:3 10:3 35:9 posted (1) 4:9 potentially (2) 1116125 pounded (1) 32:6 practice (2)4:15 13:8 precluded (1) 56:12 premises (1) 37:2'2 prepare (1). 10:16 prepared (2) 73 63:19 present (2) 10:22 5422 Presentation (S) 4:12,17 10:19 11:5,12 presented (1) 67:20 presidents (I) 50:10 presume (1) 4:12 Previously (1) 15:12 price (1) 46:5 prbnufly (3) 14:2234.14,20 prhH*21(7) 11:24,2512:1 12.942 :14 47:1449:17 printed (2)21:8 28A prior (4)6•.23 34:5 69:6,8 privacy(1)412 private (4).132 29:1431:13 4625 probably (1O. 11:1026:8 30:142:6,18 49:4,1967-.1 64.1865-12 problem (M 123,228:812 29.1732:9 39:1440:10 43:13,45:9 49:12,13 51;21 53:261-5 P roblems (8)_ . 10:412:3,6 24.945:21 47.552:9 61:12 proms (2) 10:25 167 pig (1) 4321 p (3) 69:6,8,10 process (8)5:11 20:1128:21 402148 :I7 579,9 67:14 produced (2) 27:934:20 prelanity (O . 9:13 17:14,18 M-1719:19 PRECISE REPORTING SERVICE 800- 647 -9099 IL 29:7,835:16 Professionals { 50:10 pmSteer (2) . 46:16,21 pronteers p) 46:20 program (1) 50:6 prohibited (1) 921' project (1) 8 :5 promise P 13:2140:21 44:15 proper (2) 3822 63 :19 property (s) 9:1613:5 232 :31:12,13 33:5 46:14,17 proposal (2) 6 :18 7:9 Propose (1) .51:10 proposed (4) 10:18 53:18 58:17 59:14 protected (1) 33:1 ' provide (3) 28:17 43:15 5021 ptrovlded (4) 15:3,14 43:13 53:9 providing (3) 44:2,7 52:14 provision (1) 56 :14 prosimste (1) 59:19 proximity (12) 7:16 1122 NCR 00493 I. I --) ti j 56:7A13 61:24,25 62:1 66:19,20 public (32)1:7 6-.20,218:9 10:23 11:1,9 1-1:11,14.1 16:7,817:24 31:12 .32:25 33.4 36-4,23 40:10 41:19,42:17, 67.11 6.7.16,23 pull(1) 61:8 purposes (1)719 pat:(9) 8:22 4.14,1727:22 294.44:1 51:255:11 , 01".9 37:18 , M-43:2.4 4a,2 9:2 68:1 question (7) . 18:15 21:15,24 36.451:5 61:116:20 questions (18) 5:210:20,21 14:17,2021.13 41:1642.21,25 46:23 47:8.17 50:23,25 51:14 54:14,16.19 quick (2)18:15 33:25 NEWPORT COAST RECOVERY — 1/12/2009 qulckly (4)28:8 37:17 56-14 .65:3 qdd (1) 8:22 qtft(4)26.10 30-4 56:13 60:2 quote (1) 39:6 quoted (1)21:15: raises (1) 14:20 raising (1)41:M ran (2)42:2,7 road (5)13 ;13 3825 57:16 1 6213'64:19 real (3) 39:14 ,40:10,24 really (U) 8:2 13:11 17:17 19:2322:18 24:23 25.4,19 29-1446:22 50-3 reason(6)8.14 2D-6 43:14 44:6,10 51:7 reasonable (1) 66.13 rebut (1) 4:25 receive (2) 5.9 23.6 received (4) 1425 15:12,20 37:3• receptacle (l) 13.9 rempitow(f) 4.4:8 - tea) 67:5 recopum (1) 59M recommend (2) 7:11,11 7.19 10:15 recamnwidin- 7:14, reconvene a) 4,6 record (10) 14:2316:15 193 34:4 135:20,23 36:3 40:1062:13 69:10 , records (4) 34-.16,19 36:5 36:24 recovering (2) 30:16,17 recovery fm 1-84:55:9,13 5:20,23,247:5 11:1712:2,7 ii:1619:16 2D:7 32:21 33:143:16 52:2157:5 .66:5X,23 Recovery's (1) 5:24 recurring (1) 23a4 red (2) 20:1 40-12 reducing (1) . 7:20 reduction (1) 9:11 reference (1) 23:5 64:17 referencing (2) 16.19 34:20 referred (1) 51:M, referring (1), I � 51:7A, refers (1) 60:12 refte (1) 62:12 refuge (Z) 13,4,6 refutation 39:14 regard (1) 7:13 regarding (2) B.-,9kl3 Page 13 53:1 reiterating (1) :64:13 related fl) 12:11 rchdive (6) 34:1 34:23 37:8,18 ,40-,749-15 remain(1)d03 ranaining (1) :1 625 remains (1)4:21 remove (2) 17:12 25:19 � removed (1) rentals (1)39:7 122313 2 rented (L) 27:3 regilar (1) renter (1) 27:5 •:23 renters (1) 27:3 regulm*(I) repeat (1) 311 1 3321 rqmatedly (2) regulate (2)55:9.. -35:24714 57-7 relflication. (1) regulated (1) 27J5 48:16 report (9) 7,3,10 regulations (1) 7:2413:13,17 A9:13 . 35:2156.11 rehab (12)12:3 59:9 6611 13:2120:20 reported (3) 231:.3,2025:24. .. 10,412:6 26:1245:15 13:15 46-.141949:13 Regmaler (2) 49:22 211169:5 rehabs (4) 12,7 rep"(5)4:10 12:111723 .23:14,15 24:7 45:16 46:13 reW"ce (' ! 1705 cot(l ,2,,,0,3 3 relutTrating(l) representation— PRECISE REPORTING SERVICE 800-647-9699 NCR 00494 i I , i3 i i i i I i 1 NEWPORT COAST RECOVERY — 1/12/2009 Page 14. 36:6 51:962.11 risk (1) 40:11 12:22 26-929:15.20 representing (1) response (2) rolling (1) 31:17 scheduled (1) 30:5 33:3:' 51:23 11:1235.9 room (1)29 :4 6:24 -35:2446.-12 represents (1) responses (1) roughly, (2) school (36) 5:16 54:1261-.6 9 :10 1 67 :5 51:1364:7 111,2312:8 63:265:7 request (3) restricted (1) route (1) 9:3 12:11,13,14;15 seeing (2) 28:20 34:16 36:24 9:17 row (1)19:22 15:1016:23 30 :10 64:25 reatrietive (1) M(2)2:11 17:1,2,2 11 2 seeking M require (1) 339:13 6922 17:1618:1;6'4 55:25 57:12 6435 result(3)22:15` role(1)30:25 18:1219:8;16 seen(5)5:5 required (10) 35:2 56:6 ruler (1)61:8. 20.24,25 21:3 1522179 6:17,23,25 retain (1) 60:10 rules'(1) 9.13 24:1626:4 - 18:939:3 " 8:14,18 36:20 retaining (1) ruling (2)28:16: 38:640:8 send (1)233 37:1,756:3,5 ' 60:15 3010 42:1146:13,15 sense (2)22.9 requirxmmt'(l) retrieved (1) rumor.(2)11.19. 47:7 56: 9 " 55:24 96:18 349 48:5 66:1967:3 seums.11) 64:20 . requirements — return (2) 4 :25 rumors (4)433 schools (5) 49:15 sent (1) 34:14 7:16 8:11,21 65:20 43:7,7 44:12 49:17 56:9. senteam (1) 60-9 36 :19 38 :15 revenge (1)22 6 rag (3) 40:22,23 59:7,20 sentences.(1) requlres (1), review (5) 9:24 55:18 schoulyard (I) 63:23 '3'0:10 10:533:236:1 . running (L) 12:17 separation (5) rewbodule (1) 5410 65:15 screen.(013:15 57:2,4 58:5 ' ,65;10 reviewed (1) Ryan 4) 26 :18 27:22 53:2 - 60:11,16 residence (1) 10:11. 58:6,30 60:13 . separations (1) S 42;1 revised(1)36:6 scraHng(2)539 57:6 S (1)3:5 resident (2) 7:6 revoke (1) 55:21 53:16 series (1) 27:25 33:18 re-review (1) sat (1) 44:13 se (2) 19:16 service (2) 133 residentlal(6) 549 Sstardsy(2) 53.14 36:16 5.6 36:17,21 RICELUM (1) 19,723:25 seated (1) 17:23 serving (1) 21:24 57:20,22 63:8 3 :4 Saturdays (4) second (6) 5;25 sessions (1) residents (7) ride (1) 42:11 19-9,1025:7 24 :14 38:24 19:11 9,1633:21 ridiculous (1) 45:6 . 39:19 59:16 set (5) 531 10:2 34:3,1137:20 30:20 saying (6) 15 *9 65:8 59:13 66:21 51:24 52:2 right (21)10:25 39:9,14 54:2 secondhand (1) 69:7 . resolution (7) 11:1013:10 6220 64 :13 21:1 setting (1) 41:9 10:17 63:18 152519:21 trays (10)S:8 secondly (4) seven (1) 30:1 6:1,11966-V 27:13 29:19 2524 31:11,15 36 :19 37:8 sever page (1) 67:16 31:817:15 44:1646 :18 41:3 54:12 35:14 resolve (1) 32:9 40:22 42:3,7 53:4 58:74 seconds (1) 42:6 shaking (1) 29 :6 respect (3) 483 46:2448:11 60:10 61 :20 section (2) 58:21 shells (1) 60:14 58:2,3 49:1151 :8 scale (2) 36:21 62:23 shielded (1)18:7 respond (7) 53 :13,17 55:16 372 in (17) 5:15,16 shipping (1) 28:1041:18 5524 57:12 seared (1) 40:18 14-921-.7 14:11 42:19,20,21 rigid (1) 55:12 schedule (1) 22:22 25:10 S1i1RLEY (1) PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00495- f "• i 1 !"% 58:17 64:4 shorter (1) 64:1 shorthand (3) .2:1169:4;11 shot (1)33:5 shoulder Cl) -45:15 show (1) 533 showing (1) ahaws (1)44:11 signatures (4) 15:2316:19 17 :3 49:19 sal (2)15:8 8 :767 :8 shnple (1)66 :6 simply (2) 38:21 6I:8 sincere (1) 61:14 single (6) 17:4 40:5,7 53:6,15 5320 sir (3)16:643:2.3 58:8 sit (1) 3825 sitting (1) 29:4 situation (4) 18 :16 48:6 NEWPORT COAST RECOVERY - 1/12/2009 49.961.1 sussed (1) 7:17. six-or-under (1) 56:19 rn26:3 smuke(4)19:14 19:14,24 21:1 smoking; (8).9:17 9:20.17:19 18:10 29:1,12 32:245:13 sober (2) 40:3 4893 socm (2)183 2421 society (1)'53:1 sold (1)46:14,17 somebody (2) 20:12,13 somebody's (1) 32:1 someone's. (1) 31:2.; somewhat (1) 22:8 son (2) 17:13 19:7 son's (1) 16:22 sorry (9) 13:7 16:1923.6 32:2140:8 525 59:14 60:1864 :11 sort (3) 1690 20:1440-9 sorb (1) 41:1 sounds (3) 20:10 28:8 30:4 space (1)25:20 speak (7)11:8 15:1116:9 18:23 21:10 483 64:19 sPOkinB (1) 51:16 special (4) 53:6 53:2260-17,18 spedflc (6)6 :7 18:1619:19 21:1247.17 62:12 specifically (6) 7:1327.11 39:642:25 49:2258-4 spedfled (2) 8:199:3 speculation (1) speeding (1) 31:23 spel (3) 16:14 24:1241:22 spend (1)25:17 spent (1)223 spoke (3) 11:24 47:1451:13 spoken (1)11 :9 spread (2) 432 48A spreading (1) 43:7 RUWAS (1) 44:12 staff(28)4:12 5:26:177:1,3 7:9,10,11,14 7:19,22,24 10:15,16,22 11:12 13:13 16317 :16,16 33:17 35:7,21 51:956:11 59.9 66:21 67:13 stand (1)49:18 standard (11) 39:13 52:17 53:3,1254:17 57:15 5993 60.5,2062:6.7 standardbado_ 58:13 53:2155.7,8 standing (1) 17 :1 start (1) 66:3 stat (1) 50:16 State (8) 5:14 7:15 99 36:8 36:10 48:15;21, 69:5 staled (7) 7:10 11:2512:9,23 36-1939-15 43:17 statement (1) 53:24 statements (1) 8:13 data (1) 56:11 staling (1) 49:11 statistic (2) 21:17 43:25 statistics (2) 14:1421:15 s" (1)47:1 stay (1) 40:4 stick(L)44:18 sop (6) 31:11 43:7,12,12 4723,24 stopped (3) PRECISE REPORTING SERVICE 800 -.647 -9099 10 31:13,1643:11 storks; (1)22:23 st r at (9) 19:21 26:1,1,1,4 45:23 48:10 61166:23 streett(3) J2:25 63:4;7 strack(1)22.12 student (1) 16 :13 students (3)- 12:10,1015:10. stuff(Z)46:25 48.6 sub (1) 59:21 snhdivhiou'(4) $9.15,2162:18 (4)63 941:7 ed (1) submitted (11) 7:4,7' 17:6 27:9 28:5,1234:3 34:22 35:3,15 36:13 subscribed (1) 69:17 . subsequently(l) 23:21 substance (1) 14:25 substandard (1) 59:11 successful (1) 50:22 snfficlent (1) 28 :20 sufficiently (1) NCR 00496 1 I.� F a s 66.17 summarize (1) 7.25 '9 (2) 15:19 67:12 Sunday(1)8:19 Sundays (3) 19:1025:8 45:7 Superior (1) 43:10 Support (3) 61:1762:5 66:17 Supported (I) 12:5 apps (2) 56-.760-7 sure (14)16:16 16:2318:24 19:426:11 27:13 41:15 42:23 5125 56-1665:7,22 66 :1467:23 surrounded (2) 30:15 33:10 surrounding (1) 59:2 sustaining (1). 59:3 Susanne (1) 15:5 swear (1) 17:17 swearing (2) 31:2535:2 T tables (1) 1722 take (15) 8:16 9:611 :412:18 16:320-2 26:16 29:25 33:1137:12 40:2248 :14 NEWPORT COAST RECOVERY - 1/12/2009 495 54:5 66:15 taken (4) 2:7 19:7 54:169:6 takes (1) 9:4 folk(5)27:8 313 44 :24 46:2052,18 talked (9) 13:12 13:1417:5 44:2246:12 48:25 49:15,15 49:16 talking (5) 20:13 28:25 29:12 422'4722 talks (1) 39.6 tack (1)40:17 tape (Z) 31:I7 61:9 technology (1) 28:14 tell (6)19:16 2223 40:19 47:1149:7,18 ten (6) 26:8 30-1432:10 51:13 66:11,12 tenant (2) 23:19 34:23 tenants (3) 24:1 33:13 43 :4 tend (1)19:11 tam (2)39:7 40:11 terms (1) 63:1 testifying (1) 69:9 testimony (2) 15 :161:11 test (1) 58:20 thank (21) 4:14 6:1314:19 16:1718:14 20:5 21:5,9 22:25 23:11 26:1427.1 31:1,2,9 37:12 38:9 42:13 51:865:5 67:25 Thanks 020:1 41:19 theater(1)44:13 thereof (2) 34:25 69:13 thing (7)11:20. .15:22 21:6 48:849:16 54A 65 :15 things (10) 27 :7 31:640:25 49:6,8 50:19 54:3,18 56.13 61:23 think (29) 20:15 20 :19 21:17 22:2,8,17,18 2221,22,74 26:2228:15 332,5 35 :19 41.642:8,14 51:3 52:70,22. 5223,25 53:12 62:463.,12 64 :14 66:16 67:7 thinking (3) 61:19 63:23 66:16 third (1) 21:24 THOMAS (1) 1:9 thomughly (1) 1321 thought (4) 10:13 32:70 42:15 56:25 thoughts (1) 54:23 thousand (3) 46:13,15,19 threatened (1) 40:15 threatening (3) 13:12,1647:12, three (7) 423 11312 :18 16931:5 45:2464.7 area -qmw us- 47A throw (1)13:5 thrown (1)12:12 ttrost (1) 49:13 662 TT (1) 34:23 tighter(2)53:11 55:8 time (37) 5:1 6:16,19 8 :17 8-.1710:22 11-412.21 13-716-4 18:1420:2,3 21:5 22:4 27:1030,11,12 31:8,23,24 32:1,1,735:12 36:137:6 41:5 42:2244:23 65:2,2,15 66:7 67:10 68 :1 69:7 times (1) 19:22 tWw-s (1)29:24 tied (1) 44:13 today (6)4:7,9 10315:3 17:6 PRECISE REPORTING SERVICE 800 -647 -9099 10 67:4 told (6) 25:5 32-7744,14 462,648:1 toll (2) 22:14,16 Tom (1) 4:7 top (1) 65:24 total (1) 7:20 tourists (1) 25:5 tsnrls(y.(1)253 traffic (2)12:23 26:12 tratlldq (1) 26:5 transcribed (1) 69:11 trsuscripton {_ 69:13 transferable (1) 55:20 transient (1) 39:12 transports (1) -13:1 132,3,3 23:24 40:17 treat (1)48:1 tratmmt (5) 12:2214:12,13 36 1750:14 trees (1) 22:24 tried (5) 16:21 23:1735:20 49:3 52:5 triple(l)41:10 troubles (1) 61:12 true (1) 50:15 try (7) 28:8 47:2148:5 51:14 52:8,13 53:2 trying (3) 25.21 NCR 00497 i I z I turn (2) 6:11 '31:18 turning (1) 24:1 Twenty -two (1) '5:20 two(19)21:20 23:1824:15,25 26:17 29:17 33:1137 :16 39:1640-12,25 41:2442:15 43:247:15 59 :23 64:5,7 6411 type(2)25:10J4 types (2)20 :18 26:11 typically (2) 19:9,10 60:24 unable (I) 383 andersigoed(1) 69.4 understand (11) 2523 26:6 28:11,13 30:7 . 43:1849:12,25 54-656:13 57:25 understanding- 27:1451:15 58:1464-14 understands (1) 63:20 underway (1) 52:10 underwear (1) 32.6 anforlunate (1) 25:19 unforluntely - NEWPORT COAST RECOVERY - 1/12/2009 22:16 unhealthy (1) 18 :10 unique (1)18:6 unit (2)27:3 63:10 units (1) 63:15 mleensed.(I) 48:23 unquote (1) 39:6 unregulated (3) 45.9,1049:10,. uplaaded'(1) 37:17 use (28) 5:6,10' 5 :18,216:5 7:8 9:29:24 10-1 10:1112:16 25:1436:15 5125 53:6,9 53:16 55:14,24 56:6,8 57:11 59:1,12600 61:13,2262,9 uses (16) 5:15 7:16 53:20,22 55:1556:8 57:2,3 5924 60:11,16 61:10 62:8 64 :5,11 66:20 U -Tube (1) 28:22 US (1) 60:19 ven (6)9 :412:24 12:25 13:1 26:747:20 vans (3) 9:4 12:23 26:8 various (1) 35:3 vary (1)60:1 vehicles (2) 242 24 :4 verbatim (1) 69:9 verified (1) 12:13 versos (1) 63:9 vicinity (2)17:8 20:22 video (6) 162 27 :16 28:2 .. 31-10,1231,19 vide ft (3) 31:11;14,16 videotape (1) 29:31 view 9) 50 :13 563 viewed (1) 635 violations (4) 142 34:2,23 35 :16 violence (3) 22:11,12,13 visit (2) 20:17 3730 vldtor.(1) 8:16 visits (1) 17:10 voice (2) 22:9 34 :6 vulgar (1) 47:22 W W (Z) 1:9 4:7 !siting (1) 41:13 wake (3) 32:7;8 32:8 walk (4) 17:4 45:6,1247:6 walked (1) 33:22 walking (3) 24:2029:25 29:11 walla (1) 930 want (16) 15:1 175 18:23 24:1228:17 31:I3 38:13 43:2144:21 46:4,2247:18 48:14922 50-467:3 wanted (4) 33:25 42:13 52:18 6723. wants (5) 47:1 48:1249:23 50:162 warmt(1) 53:8 warranted (1) 53:18 wun't (5) 1623 17,423A 4824 49:3 watch (3128:23 Watching (1) 48[13 WATSON(l) 5:4. . way (19)1624 20:23 22:21 . 23:1726 :10 27213722 393142 43:246 :18 47:12 48:4 49.175111 58:10,1260:17 67J. Wednesday (1) 14:9 week (Z) 9:5 12:18 weekday (1) 29:3 weekdays Cl) 9:: weekend (2) PRECISE REPORTING SERVICE 800- 647 -9099 1I 8:13 29:4 weekends (7) 8.169:112:15 17:11,13 25:11 45:1 weeks (1) 24:16 welfare (1) 11:23 went (4) 23 :16 31-13 32:5 49:14 weren't (3) 17:15 24:7 48:19 West(7)6:8 29:5 43:17 45:2246 :17 56:2159:17 we'll (9).4:15,16 11:116:3,8 38:865:23 66:14,15 we're (25)14:11 16:2217:24 20212421,21 252138:7 39:14 4020 41:7423,17 44:2045:20 46:647 :11,20 50:1,2151:3 53 :17 57:10 61-667:25 we've (21) 7:2 8:22,25 9:3 14:2115:12 17:2124:15 39.3 45:19 47:9 49:6,14 49:14,15 50:1 503,4 61:20 61:2067:11 WHEREOF (1) 69:17 NCR 00498 I i i r t. t r 1• width (1) 59:13 . wffe (1) 40:14 wMing (1) 50:21 wlntertlme (1) 25:4 wisdom (1) 16:10 with (1) 21:10 wlhvess (2) 17:19 6917 wiles (1) 42:8 witnesses (1) 69:8 woman (1)15:5 women's (1) 5:18 wonder (1) 56:14. wonderful (2) 2521,24 word (2)19:22 24;18 words (3) 24:22 25:16 64:14 work (11)9:7 17:37 34:24 43:5 44:15 45:1948-4 50.1152:I3 65.666:25 worked (2) 6 :12 23:25 working (1) 2025 worried (1) 42.12 wouldn't (2) 52:14 67:9 wrap (1) 37:10 write (1) 42:9 wridug (2) 34 :7 67:10 written (3) 24:2 NEWPORT COAST RECOVERY - 1/12/2009 38:1166:17 wrong (3)49:1,2 62:20 Y yards (1) 12:14 yeah (4) 19:1 20:4.32 :4 66:12 year (5) 13:23 39-.2140-.5 53:20 54,11 years (18).11:25 ; 23:1824:15,Z 26:17,18;21,22 30:14 32:10 3322 39:7 42:15 43:2 45:3 47:15,16. 55:1 yelled (1) 192 yelling (1) 44:12 your (2)29:.18 z zone (3) 57:20 57 :20,22 zones (1) 53:6 noafi00 (1) 22:5 1 1 (1) 7:24 1,000 (1) 60.21 10 (4)8.229:2,2 2622 10•plus (1) 2621 160(4)19:12,13 19-1733-19 11(2)9:146:1 nth (3)26:1 45.2348:10 11-bed (1) 5:18 1132(1) 6:10 12 (3)1:112:10 4:1 12th (3) 6:2172 7 :5 1200 (1) 58:12 1216(2) 6:8 43:17 1217(1)56:20 13th (2)26:1,1 14 (4) 713923 40:6 462 14th (1) 19:21 1 (1)9:10 16(2)24:1,2 18(5)7:546:1,2 50:7,7 1"ed (1) 7:7 18 jear•old (1) 509 19 (1) 50:7 2 tad (1) 24:15 20 (2) 3722 42:6 20- year"Id (1) 2323 20 year-olds(1) 50:7 2091(a) (1) 5.7 20.91(a)060 (1) 58:21 200(1) 49:19 2003 (1) 34:3 2004(2)36:20 37:3 2007 (1) 43:11 2008 (3)4 :7 13:23 14:2 2009(4)1:11 2:104:15-10 2010 (1)6:3 21(1) 6:23 213 (1) 3:6 22nd (3) 5:10 66:2 67:17 24 (1).16:24 . 276(1)14:2 . 29(3)7:69:10 46:1 294)ed Cl) 5:14 7:19 300 (4) 40 :8 57:13 58:12 60:21 31st (1) 14:3 3300 (2)2:8 3:10 355(1)3:.5 36 Cl) 40:1 4 4(1)53.'4 4-year-old (1) 25:8 4:00 (2) 2942 40th (1)3:5 42 (5)15:9,23 16:18 17:3 18 :4 49wecnpancy „ 62 5(1)9:7 5:33 (1) 68:1 5:35(1)2-10 SM (1) 4:2 50(1) 9:11 56(1) 39:23 PRECISE REPORTING SERVICE 800 - 647 -9099 ID 6 Cl) 32:22 6-year-old (3) 17:1518:17 1x1:23 617(1) 60.3 6264MM (1)356 644.3002 (1) 3:11 677 (1) 14- 7 7 (2)26 :17 29:19 706 (1) 60:21 711 (2) 60:3 64 :7 8 8 (3) 4:6 9:229:7 4&0)6:15 27:1028:12 80(1) 33:19 50:8,8 -9(2)26:18 29:19 9th,(2) 60:19,22 90(2)29:5 40:1 90 -pips (1) 29:5 9OM-3101(1) 3:5' 92658- 8915(1) 3:10 9266 (2)2:12 69:23 949 (1)3:11 962 (1)14:1 NCR 00499 x 'I 0 p p, Z6.� 1 S E W 40P wWORTMG SEMWICS C1141 6a4M OM 6i74M. FAX 0416434614 PUBLIC HEARING NEWPORT BEACH RECOVERY Daft: 01/12109 Ill NCR 00500 GROUP RESIDENTIAL USE PERMIT HEARING (1122109): AGENDA NCR 00501 11287-001 M 127414vi.dw City of Newport Beach GROUP RESIDENTIAL USE PERMIT HEARING AGENDA 9 This hearing is held in accordance with Newport Beach Municipal Code Chapter 20.91A (Use Permits In Residentlal Districts). DATE: Thursday, January 22, 2009 TIME: i. 4:00 p.m. - 6:00 p.m. (Hearing must be concluded or continued by 6 p.m.) LOCATION: Council Chambers, Newport Beach City Hall @ 3300 Newport Boulevard HEARING OFFICER: Thomas W. Allen AGENDA ITEM ill USE PERMIT No.: UP2008.033 (PA2008 -104) APPLICANT: Newport Coast Recovery SUBJECT PROPERTY: 1216 West Balboa Boulevard, Newport Beach PROJECT SUMMARY, An application requesting approval of a Use Permit to allow a residential care facility to operate an adult alcohol and /or drug abuse recovery treatment facility for males only. This. application has been filed�fn accordance with Ordinance No. 2008 -05, which was adopted by the City Council In January 2008. This is not a public hearing item. AGENDA ITEM #2 LOSE PERMIT No.: UP2008 -038 (PA2008.112) APPLICANT: Kramer Center at Newport Beach, U C SUBJECT PROPERTY: 207 28v' Street, Units A & B, Newport Beach PROJECT SUMMARY: An application requesting approval of a Use Permit to allow a residential Care facility to operate as "sober living home° for up to 12 male and female adult resident clients. This is an ". unlicensed 7 and more facility. This application has been filed in accordance with Ordinance No. 2008-05, which was adopted by the City Council In January 2008. This is a public hearing item continued from December 10, 2008. AGENDA ACTION 1. Meeting Convened (Hearing Officer) 2. Agenda Item #1—No Public Hearing a) Draft Resolution of Denial, Newport Coast Recovery (UP 2008 -033) (Newport Beach City Staff presentation) b) Hearing Officer Determination. The Hearing Officer has asked that he be presented with a Resolution of Denial for Use Permit No. 2008 -033. 3. Agenda Item N2— Continued Public Hearing NCR 00502 a) Presentation of the Kromer Center at Newport Beach ELC application (UP2008 -112) (Newport Beach city staff) b) Applicant comments, if any C) Public hearing opened (Hearing Officer). I. Comments are limited to comments about the subject property's application and operations, and If. Comments limited to three minutes, unless otherwise ordered by the Hearing Officer. d) Public hearer dosed (Hearing Officer). e) Applicant may offer rebutting or clarifying comments (Applicant). 0 Hearing officer's questions of City staff or applicant. e) Hearing Officer determination. Options include continuance, approval of a use permit with conditions or denial of a use permit. In the latter two cases, the Hearing Officer may instruct staff to prepare the Resolution for his signature. 4. Adjournment (Hearing officer). CEQA-' This activity has been determined to be categorically exempt under the requirements of the Cal' domia: EnvironmentalOMBWAct ( CEOA) under Class .i (Existing Facilities). Thisdassof projects has been determined not to have a significant effect on the environment and is exempt from CECWs provisions. APPEAL PERIOD- Use Permits do not become effective unto 14 days after the date of approval, during which time the decision of the Hearing Officer may be appealed to the City Council. #, # # NCR 00503 GROUP RESIDENTIAL USE PERMIT HEARING (1/22/09): CORRESPONDENCE TO HEARING OFFICER NCR 00504 11287- 0011\1127414vl.doc Brown, Janet From: KF f, Dave sent: Thursday, January 22, 20091:15 PM To: Brown, Janet Subject. FW. Data Request Attachments: Newport Recovery Resawon Review.pdr FYI. From: mat wmesq@ad.com imailbo:mad enaesq@ad.eom] Sent: Thursday, January 22, 200911:55 AM To: Kill, Dave Subject: Re: Data Request Hi Dave: Attached is my input on the Denial Resolution for Newport Coast Recovery. I am still looking forward to a few answers from my prior email below. See you later. Larry ---- Original Message- Fronr madmwwwra aoLcom. To: PJ j a 'tv - beachca us Sent: Wed, 14 Jan 200910:07 am Subject: Data Request In preparing for 1115 West Balboa I note the following: In both staff writes -ups on January On 2008 as well as January 22nd 2008 - it is observed in regards to FEP's that "No FEP was ever Issued by the City, nor did none apply. City Staff believes that some facilities subject to the FEP told the City that they would operate as a 46 and Under' but facility managers submitted a higher resident plan to State ADP." Ocean Recovery's ADP license at 1115 has always been in excess of 6. It began operations at 1115 in mid 2004 and separately licensed iL Based on the explanation given- Ocean Recovery should have applied for an FEP at 1115 West Balboa but apparently it (nor anyone else) never did. In Attachment C to the January 22 Submittal to the City Counsel- Summary of Comments (page one of six)- the notorious Denys Oberman is attributed as stating: "Existing uses need to be legally oompliant.' The Response back was: 'Agreed, generally. Existing uses that have violated the Moratorium or did not apply for an FEP yet should have are ineligiNe to receive a Use Pennit. NCR 00505 So- isn't Ocean Recovery "ineligible to receive a Use Permir' at least at 1115? N not, why not? 2. 1 would like to review the UP file and any related correspondence for Ocean Recovery sooner rather than later. Should I arrange to do so through Theresa ? AND ONE MORE QUESTION FROM MY JANUARY 13TH EMAIL Are Ocean Recovery's properties being treated as an integrated facility by the City? Which stars will make the biggest headlines in 2009? Get Hofln*W news celebnW photos and more wdh the Po Eater Tcotbac NCR 00506 Larry , Mathena 1125 West Balboa'Bouleva'd Newport Beach, Califomia 92661 949 -752 -5115 Extension 18 mathenaesq @.aol.com January 22, 2009 To: Thomas W. Allen, Hearing Officer David M Assistant City Manager Subject: Newport Coast Recovery, LLC 1216 West Balboa Boulevard Use Permit UP 2008 -033 (PA2008 -104) Draft Resolution of Denial From: Isrfy Mathena Ihave reviewed the proposed resolution prepared by City Staff deny the Use Permit indentified above. Although the conclusion of the resolution is the right ono- many of the determinations made within the resolution scent inappropriate. The focus seems to be on explicitly defining a few reasons why the permit is being denied and at same time capitulating on all other points for no apparent reason. For example: The resolution states: NBMC §20.91.035 (A) Finding No.l: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. (Because) "(a)pproval of a use permit would include a condition limiting the continued use of the facility to a maximum of 14 residers." The direct testimony of the applicant was that he objected to this reduction. Therefore, stating this as a completed (accepted) finding is incorrect NCR 00507 A proposal regarding occupancy had merely been made by City Staff. The only response on record is Applicant's rejection of the proposal to state this as :a finding is both erroneous and I believe unnecessary. The resolution then goes on to state: NBMC §20.91.035 (A) Finding N63: That the proposed use will comply with the provisions of tins code, including any specific condition required for the proposed use in the district in which it would be located. The facility, as conditioned through a we permit, would comply with the operational standards of 20.91A.050 of the NBMC, as outlined in Finding B of N13MC §20.91A.060 described is Section 2 below. This is mere speculation- and is unnecessary for this resolution and in feet unnecessarily reduces the City's ability to deal with this Applicant both now and in the fimrre. As far as i know- no conditions of use for a use permit were formally presented and formally accepted. Unless and until they were- the canclusory (and favorable to Applicant) language above is unnecessary and improper. Then the resolution states: NBMC §20.91.035 Finding No.4: If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses ace provided for fir Planned Community Districts or Specific Plan Districts, the use is comisteru with the Pwposes apectW in Chopter 20.914 and conforms to alt regWmments ojthat Chq*lr. Tbe proposed use is a inn -coif nming use as specified in Chapter 20.91A of the NBMC and an application for a use permit to continue the use bas been filed by Newport Coast Recovery. the project applicattt, consistent with the requirements of Chapter 20.91A. Approval of the Use Permit would include conditions of approval requiring the continued use ofthe subject property as a residential care facility to be operated in a manner diet will restrict the potential for secondhand smoke impacts to neighboring properties, will ensure that contact information for the facility is available at all times, maximum resident occupancy of the facility will be limited to 14 residents equivalent to two persons per dwelling unit, the facility will operate pursuant to the terms of the license issued to the facility by ADP, other certifications, as appropriate will be obtained by the facility, and the names of ell owners of the facility will be available to the City. This language above is not true. Clearly in rejecting the application the use is not "consistent with the purposes specified is Chapter 2091A and conforms to all requirements of that Chapter." The determination to the coutrary exists In the analysis of Section 4 of the resolution, that "Pmdings Band D of NBMC §2091A.060 cannot be made." 2 NCR 00508 In additioathat applicable standard of law is not to operate "in a manner that will restrict ,the potential for secondhand smoke impacts to neighboring properties " - it is to not allow secondhand smoke to be detected on 4oiaing parcels- not to restrict the potential. The resolution states: "1. No secondhand smoke can be detectable outside the property." end does so apparently based on the following: The facility's current operational regulations restrict smoking to designated areas within a courtyard am of the facility. The courtyard area is enclosed on all sides by walls but is open to the sky. Smoking outside of the limits of the enclosed courtyard area is prohibited. Even accepting these facts as true- does not necessarily lead to the conclusion that no secondhand smoke can be detectable outside the property. The conclusoty language appeal to leave the Applicant protected- even in the event that secondhand smoke can be detected when smoking only occurs within the courtyard facility. Why is the City Staff n of requiring that the Applicant comply with law- rather than simply agreeing with the favorable conclusion of the Applicant -with no direct evidence Presented to support this position? Indeed why are the residents evidently having to bear the burden ofdisproviag this conclusion- and ifthey do at a later time despite the clear language of the law- will the Applicant be protected and the citizens at risk? Why are these overreaching conclusions being included in a denial resolution in any event? Tberesolution states as follows: 2. Operations Facility must comply with state and local law, and the submitted management plan, including any modifications required by this Use Permit. The operations of this facility are in compliance with the State ADP license, and as conditioned with approval of a use permit for the facility, would be required to comply with the approved management plan. Approval of a use permit for the facility would include a condition of approval requiring that the applicant obtain an amended State ADP license to allow a maximum of 14 residents and that . within 60 days ofthe issuance of a use permit, the applicant confirm, in writing and with such information presented to the City, that the counseling of familial members not in residence at 1216 West Balboa Boulevard is acceptable under the terms of the current ADP license and any future ADP license. Given that this is a resolution for the denial of a permit- why would not this language read- in the event that the Applicant successfully appeals its denial, that in order for the NCR 00509 permit to ever be issued that it would only be issoedfollowing Applicant's written agreement to permanently reduce it residency as noted above and submission of the documentation reducing its residency to the.State within- thirty days of such successful appeal -and that Applicant must receive said amended license from the State ADP within 60 days of said successful appeal? Tlx resolution then states: NBMC §20.91 A.060 Finding B: The property and existing arrwtures are physically suited to accommodate the use. The,City's flawed prior application of the fire code makes this statement simply untrue. The City iarsliability.for its failure to: the State ADP, the neighbors of this facility, and the occupants oftbe.facility mW.is on>mtice ofits EWn ity. lfthe Applicant wereto be granted a permit on appeal- the City should enforce its fire safety laws. I commend the Hearing Officer's decision, but suggest that a carefully reconsideration be given to whet is conceded in the fangoage ofthe resolution. Sincerel ; !� wa 4 NCR 00510 GROUP RESIDENTIAL USE PERMIT HEARING (1 /22/09): .•PROPOSED RESOLUTION NCR 00511 11287-001 Al 1 274 l av l.doc RESOLUTION No. A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT BEACH DENYING WITH PREJUDICE USE PERMIT NO. 2008 -033 TO ALLOW AN EXISTING GROUP RESIDENTIAL USE TO CONTINUE AT 1216 WEST BALBOA BOULEVARD, NEWPORT BEACH, CALIFORNIA (PA2008 -104) WHEREAS, Ordinance No. 2008 -05 was adopted by the Newport Beach City Council on January 22, 2008, following noticed public hearings; and WHEREAS, the adoption of Ordinance No. 200.8 -05 amended the City of Newport Beach's Municipal Code (NBMC) relating to Group Residential Uses; and WHEREAS, Ordinance No. 2008-05 added Chapter 20.91A to the NBMC. Chapter 20.91A sets forth a process by which existing group residential pre facilities, except `for state- licensed drug or alcohol treatment homes serving six or fewer clients and not operating integrally with other uses, must apply for use pemuts to remain in operation beyond February 2009; and WHEREAS, in order to allow an existing group residential care facility to remain in operation, a Hearing Officer must find, following a noticed public hearing, that all four of the findings Identified in NBMC §20.91.035 (A) and all seven of the findings identified in §20.91A.080 can be met and WHEREAS, Newport Coast Recovery, located at 1216 West Balboa Boulevard ("Use Location) in Newport Beach, California is today a group residential care facility in an apartment complex housing seven units that is a state -Itc ensed aicohot or drug residential treatment home for up 29 persons (ADP License No. 300156AP); and WHEREAS, Newport Coast Recovery ('Use's applied for Use Permit No. 2008- 033 to continue its operations as an 18 bed facility under Ordinance No. 2008 -05 within the applicable time period, and a noticed public hearing was held on Monday, December 8, 2008, at the Newport Beach City Council Chambers where public testimony was taken, including testimony from the applicant, and this hearing was continued to Monday, January 12, 2009, also at the Newport Beach City Council Chambers where more public testimony was received Including testimony from the applicaa and WHEREAS, both hearings were presided over by Thomas W. Allen, Hearing Officer for the City of Newport Beach; and WHEREAS, the Use Location is within the Nonstandard Subdivision Area as defined by Ordinance No. 2008 -05; and NCR 00512 City of Newport Beach Hearing Officer Resolution No. Page 2 of 9 WHEREAS, proximate to the Use Location are the following uses referred to in NBMC §20.91A.060 (D): 1. Within 300 feet Balboa Horizons Recovery Services (11 bed. licensed treatment facility located at 1132 West Balboa Boulevard, with an approved use permit) is one block east of the Use Location; on the same side of the street. 2. Within '300 feet: Newport Elementary Sctmol for students in grades K ndergarden through a grade at located 1327 West Balboa; Boulevard. 3. Within 750 feet Christ'Churrh's large (44 children capaoity) state-lioensed day care center located at 1400 West Balboa Boulevard). 4. Within 1250. feet Outlets for alcoholic beverages are the American Legion Nall located at 215 W. I Street and Fry's Market located at°115 E. 15s' Street NOW THEREFORE BE Fr RESOLVED: Section 1. That Findings Nos. 1, 3, and 4 of NBMC §20.91.035 (A) can be made for the following reasons: NBMC §20.91.035 (A) Finding No. 1d That the. proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the alts Is located. The subject property is located in an R-2 District, and the proposed use as a residential cane facility is a nonconforming use. Nonconforming uses in a residential district are subject to the provisions of Chapter 20.91A of the NBMC. The proposed use is in accord with the objectives and requirements of Chapter 20.91A because an application has been filed to secure approval of a use permit to continue the use of the subject property as a residential care facility in the R -2 District pursuant to Chapter 20.91A of the NBMC. Approval of a use permit would include a condition limiting the continued use of the facaTity to a maximum of 14 residents. The intensity of the use with 14 residents housed in 9 bedrooms with 2 persons per bedroom is consistent with a typical residential population factor of two persons per dwelling unit in the R -2 District and the surrounding properties within the R2 District. NBMC §20.91.035 (A) Finding No. 3: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district In which it would be located. The facility, as conditioned through a use permit, Would comply with the operational standards of 20.91A.050 of the NBMC, as outlined in Finding B of NBMC §20.91A.060 described in Section 2 below. NCR 00513 City of Newport Beach Hearing Officer Resolution No._ Page 3 of 9 NBMC §20.91.035 Finding No. 4: If the use Is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for.in Planned Community Districts or Specific Plan Districts, the use is consistent With the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. The proposed use is a non - conforming use as specified in Chapter 20.91A of the NBMC and. an application for a..use. permit to continue the use - has been filed by Newport Coast Recovery, thee, project applicant, - consistent -with the requirements of . Chapter 20:91A „Approval of the Use Permit would include conditions of approval .requiring the continued ra use of the subjeckpropertyas a residential re facility to be operated, :in;a manner that will'. restrict the potential for secondhand smoke impacts to neighboring properties,: will ensure that contact information for the facility is available at all times, maximum resident occupancy of the facility will be limited to 14 residents equivalent to two persons per dwelling unit, the facility will operate pursuant to the terms of the license issued to the facility by ADP. other eartifications, as appropriate Will be obtained by the facility, and the names of all owners of the facility will be available to the City. $action 2. That Findings A and B and Findings E through G of NBMC §20.91A.060 can bernade for the following reasons. NBMC $20.91A.060 Finding A. The use conforms to all applicable provisions of Section 20.91A.050. These development and operational standards are summarized as follows: 1. No secondhand smoke can be detectable outside the property. The facility's current operational regulations restrict smoking to designated. areas within 'a courtyard area of the facility. The courtyard area is enclosed on altsides by walls but is open to the sky. Smoking outside of the limite of the enclosed courtyard area is prohibited. 2. Operations Facility must comply with state and local law, and the subrr fitted management plan, Including any modifications required by this Use Permit. The operations of this.facility are in compliance with the State ADP license, and as conditioned with approval of a use permit for the facility, would be required to comply with the approved management plan. Approval of a use permit for the facility would include a condition of approval requiring that the applicant obtain an amended State ADP license to allow a maximum of 14 residents and that within 60 days of the issuance of a use permit, the applicant confirm, in writing and.with such Information NCR 00514 City of Newport Beach Hearing officer Resolution No._ Page 4 of 9 presented to the City,:#W the counseling of familial members not In residence at 1216 West Balboa Boulevard is acceptable under the terms of the current ADP license and any future ADP license. 3. -A contact name and number must be provided to the City. Appropriate names and contact information numbers are provided within the application. Approval of a use permit for the facility would include a'ixmdition of approval requiring the applicant to provide the City with the appropriate "after hours° names and contact information numbers. 4. No services requiring a license can be provided if the facility does not have a license for those services. -The operation plan for the facility provides that only those services' permitted by the facility's ADP license are performed within the facility. 5. There shalt: be no more than, two persons per bedroom plus one additional resident, unless a greater occupancy is requested and granted. Occupancy must also comply with State licensing If applicable. The facility is licensed for a maximum occupancy of 29 residents. The facility contains. 9 bedrooms currently occupied by -two persons per bedroom for a total of 1S residents: Approval of a use permit for the facility would °' = indude a' condition of approval requiring the applicant to obtain an amended ADP license establishing a maximum resident occupancy in treatment of 14 persons, the equivalent of two persons per dwelling unit. This occupancy is consistent with the residential occupancy design of the building and the occupancy standards of MBMC Section 20.91A.050. 6. If certification from an entity other than ADP's licensing program is available, applicants must get that certification. Approval of a use permit for the facility would include a condition of approval requiring the applicant to consider the merits of additional certification available to it, including but not ranked to an Orange County Adult Alcohol and Drug Sober Living certification. 7. All individuals and entities involved In the facility's operation and ownership must be disclosed. All employees and management personnel have been disclosed in the application documentation. NCR 00515 City of Newport Beach Hearing Officer Resolution No._ Page 5 of 9 8. No owner or manager shall have any demonstrated pattern of operating similar facilities in violation of the law. According to information provided in the application documentafion the owners and managers of the facility do not own or operate any other similar facility in the City of Newport Beach or in the State of California, and there is no known record of code violations. The facility's State of California ADP license is in good standing and is valid until January 31, 2010. NBMC §20.91A.060 Finding B: The property and existing structures are physically suited to accommodate the use. The building is similar to many other residential structures. along West Balboa Boulevard constructed on a lot parcel that measures approximately 62 feet wide by 100 feet deep. The building was constructed in 1949 when the subject properly was zoned R -3. The property was latevrezoned.4o an R -2 District in 1989 along with other properties in the area. As a result, the structure is norwnforming structure permitied:, to continue subject to the provisions of Chapter 20.62, 'Nonconforming Structuresand Uses; of the NBMC. The City of Newport Beach Fire Department is the responsible agency for implementing fire Protection of all group residential care facilities -and residences. The subjectpmperty has art approved fete clearance from the,Cityof.Newport Beach Fire Department dated June•6, 2004, for a maximum occupancy of Mresiderrts as weltas- staff. - Separate from the• use Vennit process, the applicant may be-required to ,conduct an architectural code analysis of the facility: to determine if the facility complies with existing current. Building Codes for this occupancy - -type or the Building Codes existing at the time the.faciiitywas initially at the time #m facility was Previously Issued a "fire dearance.° NBMC §20.91A.060 Finding E: The operation of buses and vane to transport residents to and from off -site activities does not generate vehicular traffic substantially greater than that normally generated by residential activities In the surrounding area. A facility van provides transportation for the residents on a weekly schedule dispersed within the day and among the days of the week so that van transportation is not concentrated during peak traffic times. Van loading and unloading occurs at the West Balboa Boulevard frontage that is less congested than the narrower alley access at the rear of the building. Approval of a. Use Permit would Include a condition of approval restricting loading and unloading of transportation van passengers to occur within open parking spaces along West Balboa Boulevard and prohibiting van drivers from stopping or double parking in a traffic lane. NCR 00516 City of Newport Beach Hearing Officer Resolution No._ Page 6 of 9 NBMC §20MA.060 Finding F: Arrangements for delivery of goods are made within the hours that are= compatible:with and will not adversely affect the peace and quiet of neighboring properties. Business products and other .packages and goods are delivered to the facilitys business office located off - site. From this location, goods are delivered by staff members to the facility during weekdays between the hours of 9:00 a.m. to 5:00 P.M. These days and hours for deliveries are consistent with normal working hours and as such are compatible with. and will not adversely affect the peace and quiet of neighboring properties. NBMC §20.91A.060 Finding G: Arrangements for commercial trash collection in excess of usual residential collection are made within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties The applicant contracts with a commercial waste management company which collects bash twice a week on weekdays between the hours of 9:00 a.m. and 5:00 p.m. The hours of trash collection are within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. Section3. That Finding No. 2 of.NBMC §20.91.035 (A) cannot be made for the following reasons: NBMC §20.91.035 (A) Finding No. 2: That the proposed location of the use .permit and the proposed conditions under which it would be operated or maintained - will be consistent with the General Plan and the purpose of the district in.rfiich the site is. located; will not be detrimental'to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood_ of such use; and will not be detrimental to the properties or improvements In vicinity or to the general welfare of the city. General Plan policy W 6.2.7 directs the City to regulate day care and residential care facil'fies to the maximum extent allowed by federal and state law so as to minimize impacts on residential neighborhoods. Approval of a use permit for the facility world include conditions regulating the use and operational characteristics related to curfew hours, smoking, transportation of clients off -site, trash collection, delivery of goods, and types of services provided; however, the continued use of the subject property as a residential pre facility in the Use Location would be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the facility. The Use Location is proximate (within 300 feet) to Newport Elementary School located at 1327 West Balboa Boulevard and proximate (within 950 feet) to Christ Church by the Sea's Children's Center, a large day pre facility licensed by the State NCR 00517 City of Newport Beach Hearing Officer Resolution No., of California Department of SociaLServices located at 1400 West Balboa.Boulovard with a capacity of 44 children, These facilities could be affected by the ifse due to residents of Newport Coast Recovery using the open recreational area associated with Newport Elementary School and the potential for residents of Newport Coast Recovery .tor loiter, smoke, and frequently engage in offensive and disruptive behaviors incompatible with nearby school and daycare uses. The Use Location is proximate: (within 1250 feet) of two outlets for alcoholic beverages (American Legion -Hall. at 215 W I Street and Fry's Market at 115 E 15"' Street), both within walking distance from the Use Location which.. allows residents of the Use convenient access to alcohol sales and service. Section A, That Findings,B:and D of NBMC §20.91A.060 cannot be made for the following reasons: NBMC §20.91A-0610 finding B:. The project includes sufficient on-site parking, for_the use, and traffic and transportation Impacts have been mitigated to a level of insignificance. The NBMC requires off -street parking and loading spaces for a residential care facility at a ratio of one space .for =.every three beds. The facility provides stActal of six off- street parking spaces; and therefore, would meet the NBMC requirements "•for off- street parking for 14 beds with the exception of weekend family counseling sessions as discussed below. . Residents oomplefm their Arst, phase :of treatment, which includes 30 days of residenwy; are. not: allowed to have personal vehicles. Clients' completing their second and thud phase of treatment, which includes an additional 30 to 60 days of residency, are permitted have their personal vehicles at the facility if determined, by the facility operator to be necessary (I.e. for use driving to and from work). Approval of a Use Permit for the fac ty, would include a condition of approval that the applicant: (1), purchase one master parking permit from the City to use for on -sfeet parking by each client who is permitted to drive his personal vehicle to and from the facility; and (2) restrict the number of clients who reside at 1216 West Balboa who are permitted to have personal vehicles to a .maximum of three. Newport Coast Recovery conducts regular family counseling sessions on weekends. Familial counseling for non - residents, while being an important part of the recovery of resident clients, can significantly impact orrstreet parking during busy weekends on the Balboa Peninsula. The use of on- street parking by the facility on weekends impacts the availability of on- street parking for use by residents of the neighborhood. NBMC §20.91A.060 Finding D: The use will bo compatible with the character of the surrounding. neighborhood, and the addition or continued maintenance of NCR 00518 City of Newport Beach Hearing Officer Resolution No. Page 8 of 9 the use will not contribute to changing the residential character of the neighborhood, such as creating an overconcentration of'"Idential care uses In the vicinity of the proposed use. Im making this finding or sustaining such a finding, the Hearing Officer shall consider, as appropriate; the following factors: 1. The proximity of the use location to schools, parks, other residential care facilities, outlets for alcoholic beverages and any other uses which could be affected by or affect-thwoperation of the subject use; Y. The existence of substandard physical characteristics of the area In which the use is located such as lot widths, setbacks, narrow streets, limited available parking, short blocks, and other substandard characteristics which are . pervasive in certain ° areas of the City of Newport Beach, including portions of West Newport, Lido Isle, Balboa Peninsula Balboa Island, Corona del Mar and Newport Heigirte, which portions we M- on a map referred to as the Nonstandard Subdivision Area. presented to the Newport I3each`Ptanning Commission on September 20, 2007 and. on file with the Director of Planning; and 3. Whether,'In light of the factors applied in subsections 20.91A0.1 and D.2, it would be appropriate to apply the American Planing Association standard of permitting one or two such uses per block. Median block lengths in ;different areas of Newport Beach widely range from '300 `feet. in the Nonstandard Subdivision 'Areas 'to as much as 1,422 feet in standard subdivision - areas. The average calculable! length in much of the standard subdivision areas is 711 feet and the calculable median block length Is 617 feet. The Hearing Officer shag apply the American Planning Association standard in aft areas of Newport Beach in a manner that eliminates the differences in block lengths. In making this determination, the hearing officer shall be guided by average or median block lengths in standard subdivisions of the City. The Hearing Officer shall retain the discretion to apply any degree of "separation of uses, which he or she deems appropriate in any given case. A copy of the American Planning Association standard is on file with the Director of Planning. The Use Location is proximate ( wthin 340 feet) to Newport Elementary School located at 1327 West Balboa Boulevard and proximate (within 750 feet) to Christ Church by the Sea's Children's Center, a large day care facility licensed by the State of California Department of Social Services located at 1400 West Balboa Boulevard with a.capacity of 44 children. These facilities could be affected by the Use due to residents of Newport Coast Recovery using the open recreational area associated with Newport Elementary School and the potential for residents of Newport Coast Recovery to loiter, smoke, and frequently engage in offensive and disruptive behaviors incompatible with nearby school and daycare uses. NCR 00519 City of Newport Beach Hearing Officer Resolution No._ Page 9 of 9 The Use Location , is,, proximate (within .1250 feet) of two outlets for alcoholic beverages (American Legion: Hall at 215. W 150' Street and Fry's Market at 115 E 15d' .Street) both within walking :distance from.; the Use Location which allows residents of the Use convenient access to alcohol sales and service which can affect the ability of the Use to fully operate as -an alcohol rehabilitation facility. The Use Location is. within the. Nonstandard. Subdivision Area, an.area which is characterized by narrow lot widths, small setbacks, narrow streets, limited available on street and off-street parking, and short,bkmdks, The Use Location provides six on site. parking spaces for resident.:client and facility staff use.: The, operations and miinagement of`tl� Use.reguire on street parking for fatuity counseling on weekends which ;.impacts the availability of ontreet parking for use by residents of the subdivision. In, add'lion, noise associated: with the operation of the Use,: inducting I. music arid. shouting, is audible to adjacent properties. The Use Location is proximate tD at least one other group residential facilitfy with an approved use permit for 11 beds at Balboa Horizons is within a block distance in the Nonstandard Subdivision Area that is less than the average calculable block length of ,a standard;:subdivision in Newport Beach (71 -1 feet). The APA standard suggests that no more than 'one or two (recovery faciGly) uses' per block be. approved to d b avoikx,k institutionalization. Due to the eAdence of an approved -11 bedrfacility within 300 feet of the proposed use. This neighborhood would experience an intense conceMeation of beds unequalled in other parts of Newport: Beach with the approsral of the proposed 18 bed,use at.Newport Coast Revovery:and the 11 bed use'kmcated nearby at Batboy Horizons. Section 6. The Hearing Officer hereby denies with prejudice Use Permit No. 2008-033: Section 6. The adios shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal Is filed. with the City Clerk in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED this 22nd day of January, 2009. By: Thomas W. Allen, Hearing Officer NCR 00520 GROUP RESIDENTIAL USE PERMIT HEARING (1/22/09): REVISED RESOLUTION PRESENTED AT HEARING NCR 00521 11287-0011U 127414vI.doc jb RESOLUTION No.� A RESOLUTION OF A HEARING OFFICER OF THE CRY OF NEWPORT BEACH DENYING WITH PREJUDICE USE PERMIT NO. 2008 -M TO ALLOW AN EXISTING GROUP . RESIDENTIAL USE TO CONTINUE AT 1216 WEST BALBOA BOULEVARD, NEINPORT BEACH, CALIFORNIA (PA2008404) WHEREAS. Ordkmnoe No. 2008-05 was adopted by the Newport Beach City Council on January 22: 2008. following noticed public hearings; and WHEREAS. the adoption of Ordinance No. 2008-05 amended the City of ..'., . - Newport Beach's Municipal Code (NBMC) relating to Group Residential Uses: and .. . WHEREAS, Ordinance No. 20045 added Chapter 20.91A to the NBMC. Chapter 20.91A seta forth a process by which e>asting group residential care facilities, except for sfals♦loansed drug or alcohol treatment homes serving six or fewer clients and rrgt aperaft integrally with other uses, must apply far use pemuts to remain In operation beyond Febnmy 2009: and WHEREAS. In order te allow an e4aft group residential care facility to remain in operation. a Hearing Officer must find, followho a noticed public hearing, that all feu of the tind'shgs Iderhtitied te NBMC §20. 91.085 (PQ and a0 seven ol to findings iden40ed in §20.91X080 can be met: and WHEREAS. Newport Coast Recovery, located at 1216 West Balboa Boulevard CUse Location) in Newport Beach, California is today a group residential care fadHlt In an apartment complex housing seven units that Is a stale - licensed alcohol or drug residential treatment home for up 29 persons (ADP License No. 300150AP); and .. .... ` .: WHEREAS, Newport Coast Recovery, CUse9 applied far Use Permit No- 2008 033 to continue Its operations as an 18 bed fadtity under Ordinance No. 2006.05 within ° - the applicable time period, and a noticed pubic hearing was field on Monday. '...'.'.'..:, December 8, 2006, at the Newport Beath My Cound Chambers where pubic testimony was taken. including teatimany from the applicant, and role hearing was continued to Monday, January 12, 2009, also at the Newport Beach City Council ..':;.'..y.: "...:.. Chambers where more pubic testa nony was recefred Including testimony f m the .. applicaft and WHEREAS, both hearings vim presided over by Thomas W. Ailem Heartrg ... . Officer for the C ty of Newport Beach; and NCR 00522 City of Newport Beach 44o.A. CMF n aoe.dhwin M. . - - -- -- - -- -- - - - - --.a _., _r—.- propwed we in the district in which It would be located. NCR 00523 NCR 00524 NCR 00525 Is not conceMr W durkg peak traffw tutee. Van bading and tmba*M ocmrs at the West Balm Boulevard iraMap t4 Is lass corgastod ttan to wwwer alley aocese at the rear of the WA&V. Approval of a Use Perrnk would kwktde a cmdWn of approval restrlcdrg baditg and tarbedktif of trattspor(Won van NCR 00526 City of Newport Beach .. Rearing Officer Resolution No._ NCR 00527 Newport Coast Recovery mWucts regular family counseling sessions on weelrenda. 'Familial counseling for non-residents, while being an important fart ad the reoomy . . of reaident Clients, can signH =* InVad on•stred parldng durtng busy weekends ... _ . -. on the Balboa Peninsula. The use of on4tred parldrg by the facility on weWmxis . Impacts Bic avalabbly of on -street Par" for use by residents of the mighbodmad ." NCR 00528 NCR.00529 NCR 00530 Seeftn 6. The HeWM.Oftw hen 2008033. NCR 00531 GROUP RESIDENTIAL USE PERMIT HEARING (1/22/09): MR. KIFF'S POWERPOINT PRESENTATION NCR 00532 11297 -0011\1 127414vi.doc Use Permit Hearings Thursday, January 22, 2009 Newport Coast Recovery, LP Kramer Center, LP Agenda Item #i ■ Resolution of Denial, Newport Coast Recovery, -LP. • Not a public hearing Agenda Item #2 — Kramer Center, LP ■ Use Permit Hearing • Brief Background on Ordinance 20o8 -o5 (Dave Kiff) • Presentation of the Newport Coast application (Roger Mobley) • Applicant's comments; if any • Public Hearing Opened • Comments limited to 3 minutes unless Hearing Officer determines otherwise • Public Hearing Closed • Applicant can return to rebut or clarify comments made • Questions from the Hearing Officer to the applicant or to City Staff, • Hearing Officer's - determination — alternatives are:_ • Approve with conditions; • Deny; or z Continue the hearing to :a date certain . X o° a This is a Use Permit hearing held under NBMC Chapter 20.91(A) — Use Permits in Residential Districts r Ordinance 2oo8 -05, effective February 22, 2oo8, calls out this process: • Most existing group residential uses had to apply for a Use Permit to stay in operations by May 22, 2008. • A Hearing Officer shall make a determination to approve or deny the Use Permit. • The Hearing Officer's decision can be appealed to the City Council. • The City Council's decision may not be appealed, but "reasonable accommodation" may be requested. RA requests go before a hearing officer at a public hearing, and can be appealed to the City Council. • Ordinance 2oo8 -o5 exempts one type of home from the Use Permit requirement —ADP- licensed treatment homes: • Housing six or fewer persons, and • Which do not operate integrally with other facilities ( "Integral Facilities "). US District Court Judge James Sel.na in May 20o8 blocked the City from requiring networked ADP - licensed 6 and Unders from going through the Use Permit process (SLBTS). z S W 4 ,t`r MAP LEGEND F Q. • a Use uoiea, o /urteer aostemem order. <<�" a }''I�i'alnts �Gb • . Narconon W mate Flo 2010. O .4001'ad la a Uaa Parma s L �..''� J T s 's} Fy{c' - _a. • Use (s art ADP- otensa0`6 ara Un ,-or d oManwur not subject tdUse Permit 40 Hgauemem,,nclud,ng SLBTS SUOIM PNOPEW Y e n SLBTS' VA�i VHS office 'e, r� £{ - �^ ,YT• A s 055•itcenseo large day care IC R y ♦y.. •x, Y w6 Z i Z 0 M O LT W Os t r Z C'1 0 0 w co Ocean Recovery —Two Properties ■ Thursday, February 5, 2009 ■ City Council Chambers ■ 4:00 to 6:0o p.m. Yellowstone Recovery— Four Properties in SAH • Combined Use Permit + Reasonable Accommodation Hearing • Thursday, February 22, 2009 • City Council Chambers • 4:00 to 6:0o p.m. Others Pending Pacific Shores Recovery (3 homes) — RA hearing ■ Balboa Recovery (3 homes) — RA hearing z ■ Morningside Recovery - RA hearing & UP Hearing 0 0 0 ts w eo GROUP RESIDENTIAL USE PERMIT HEARING (1 /22/09): TRANSCIPT JJ287- 3J%Jia74l4Y).aoc NCR 00540 CERTIFIED COPY PUBLIC fiPARING Oti NEWPORT COAST RECOVERY, LP and BRAMER CENTER AT NEWPORT BEACH, LLC BEFORE THOMAS W. ALLEN, ES9., BEARING OFFICER NEWPORT BEACH, CALIFORNIA THURSDAY, JANUARY 22, 2009 Rsppzted by: LAURA A. MILLSAP, RPM CSR No. 9266 PRECISE - REPORTING SERVICE (714) 647.9099 • (800) 647-9099 • FAX (714) 543 -1614 www.pracicereportIn9.aom NCR 00541 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/22/2009 Public hearing was taken on behalf of the City of Newport Beach at 3300 Newport Boulevard, Newport Beach, California, beginning at 4:00 p.m., and ending at 4.28 p.m., on Thursday, January 22, 2009, before LAURA A. MILLSAP, RPR, Certified Shorthand Reporter No; 9266. 2 PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00542 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/22/2009 APPEARANCES: For The City of Newport Beach: RICHARDS; MATSON, GERSHON BY: PATRICK K. BOBKO, ESQ. 355 S. Grand Avenue, 40th Floor LOS Angeles, CA 90071 -3101 (213) 626 -8484 CITY OF NEWPORT BEACH By: DAVE KIFF, Assistant City Manager JANET JOHNSON BROWN, Associate Planner 3300 Newp6rt Boulevard Newport Beach, CA 92658 -8915 (949) 644 -3002 For Kramer Center, COOKSEY, TOOLEN, GAGE, DUFFY & WOOG BY: DAVID R..000KSEY, ESQ. 535 Anton Boulevard, Tenth Floor Costa Mesa, CA 92626 -1977 (714) 4ii -1002 PRECISE REPORTING SERVICE 600 -647 -9099 31 NCR 00543 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/22/2009 NEWPORT BEACH, CALIFORNIA; THURSDAY, JANUARY 22, 2009 4:00 P.M. - 4:28 P.M.' MR. ALLEN: All right. So we'll open the agenda for Thursday, January 22. First item on the agenda is the Resolution of deaia for Newport Coast recovery. We had public hearings on this matter, and we now have a Resolution before us to consider for adoption. So with that preface, would staff like to report? MR. KIFF: Yes, Mr. Allen. I'm going to move. to the slide that contains that Resolution. Because as you pointed out at the last meeting, you directed us to prepare a Resolution. We did prepare one. We posted it on the Web site. And then you, as you're entitled to do,. bad some recommendations for a change to it. So I wanted to draw your attention and the audience's attention to that change up on the screen. It's going to come up here. It's towards the end. It's relating to the finding about -- it's Finding D, where it .talks about compatibility with the neighborhood. And the language you'll see in black is the.language that's in the draft that's outside, and then you'll start to see this struck out and added change. And this is something that the hearing officer PRECISE REPORTING SERVICE 806- 647 -9099 41 NCR 00544 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - .1/22/2009 recommended being added. And I'll start, "It's appropriate to apply the APA standard to this application. Use is located mid - Balboa Peninsula, which is part of the non - standard subdivision area." And continuing on, you go to the next paragraph Where you say,_ 'Within that 607 foot block, where this use is located, there's already one 11- bed residential care facility, and that's Balboa Horizone." And here's where I had made some modifications to the phrases you used. And it's fair for you to ask me that question as to why I. did this,.but within 100 feet, there is an application pending with the State ADP for a facility housing six or fewer people at 1217 West bay. This is not yet approved. And the City, by State law, needs to treat this facility like it treats any single family use. So we believe it's not appropriate to use that facility based -- for two reasons, because it's still pending, and because it's a six - and -under that we're specifically excluded from considering as anything but a single family use. That the distancing comment is not appropriate to apply to that building. It's very appropriate to apply to Balboa Horizons, as you did. So that's my PRECISE REPORTING SERVICE 800 -647 -9099 51 NCR 00545 1 2 3 4 5. 6 7 8 9 10 11, 12 13 14 15 16 17 18 19 20 21 22 . 23 24 25 NEWPORT COAST RECOVERY- 1/22/2009 proposed amendment to your language there. And again; that's kind of in the purplish blue on the screen. And then it continues on, *Across Balboa Boulevard, there are two residential care facilities' which are closed or under abatement. However, it's not certain that these will, in fact, remain closed or abide by the order." +And then.you note that "Across Balboa Boulevard at 115 West Balboa, within 300 feet, is the 122 -bed residential facility known as Ocean Recovery.* So.if, you were amenable to those changes, this would be the final Resolution that we have prepared for your signature then. MR. ALLEN: Do you have concerns over the reference to the "uses across the street," "across Balboa Boulevard" and east or toward west? FIR. xIFF: No. I think the American Planning . Association standards.allows you to look around, not necessarily in a linear way, as to what a block is. But to look across the street, for instance, we've certainly done that with other uses. I think the standard does allow you to consider that. MR. ALLEN: Mr, Bobko, do you have any concerns aver reference to the six -or -less use that's across the alley from this use? MS. BROWN: No. we'll defer -- the City's PRECISE REPORTING SERVICE 800- 647 -9099 61 NCR 00546 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/22/2009 position is what the staff haQ: said; obviously. So the City endorses that. MP, ALLEN: okay. I understand the concern that the City does not have a right to object or prohibit or even regulate the six -or -less use. But it-still is -- it is not the use -- and I'm- sorry, I can't remember the exact terminology that the City used in adoption of its ordinance. But it's not the single family -- the traditional single family use. It's still a group facility use. MR. KIPP: Are you referring to the integrated facilities concept? NR. ALLEN: Yee. MR. XXFF: Okay. Yes. I think it's the City's position, and it's been the City's position, that an operator that operates a home networked or managed with other homes is integrated. However, Judge Selm has directed us, via his injunction, not to apply that provision of our ordinance involving integrated uses. So I apologise that this is relatively gray, it is a gray area. But it's clear to me, the couple of things. That this facility is not yet operable, and that it's a six- and - under. And Judge Selm has told us that we cannot, right now, consider it as an integrated use. PRECISE REPORTING SERVICE 800 -647 -9099 71 NCR 00547 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/22/2009 That it shouldn't be considered by -- it shouldn't be a consideration by you to say, "See what else is in that block." MR. ALLEN: Okay. Thanks. So, I mean, your proposed changes to my proposal is perfectly acceptable. I have one other issue, and that was with, I believe, Finding Number 1 with this Resolution.. And that was that the proposed.location of the use -- I'm sorry. That was -- it was the -- it was the finding in reference to the 21 -- yes. Finding number 1. MR. RIFF: Finding number 1 of -- let me catch up with you here. MR. ALLEN: 21.91.035(x).. MR. RIFF: Okay. Property is located -- MR. ALLEN: I failed to mention, as I try to remember to do, that people should turn their cell phones. off. Thank you. MS. BROWN: Section 1. MR. RIFF: Section 1, okay. MR. RIFF: Okay. So Finding 1 of Section 1? MR. ALLEN: And possibly you missed my e-mail or something on this, but my feeling was that this is the requirement in .035 that allows -- that gives consideration to whether to allow a use permit to be PRECISE REPORTING SERVICE 600- 647 -9099 81 NCR 00548 1 2 3 4' 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 NEWPORT COAST RECOVERY - 1/22/2009 considered. And you can -t even consider a use permit if the use is not in accordance with the objectives of this code was the way I read that. And that, therefore, if overconcentration was, in fact, in existence here or would occur as a result of this use, then that would not constitute this use being in accordance with the objectives'of the code. MR. RIFF: I hear what you're saying. MR. ALLEN: If you rejected that recommendation of mine, then I wanted to consider that, if you did. MR. RIFF: Give me and Janet or moment to two to take a second to look at that. (Pause in proceeding.) MR. RIFF: Mr. Allen? MR. ALLEN: Yea. MR. RIFF: After conferring, because you have directed to us make a finding -- prepare a Resolution of Denial, and, in your judgment, the denial relates specifically to accordance with the objectives of the code and the purposes of the district, we would then change this finding to one that cannot be made. And I think, as you expressed at the last hearing, this is a challenging application and a challenging issue. So I would -- if you give me a few minutes, I'll propose some wordsmithing to that, and you PRECISE REPORTING SERVICE 800- 647 -9099 91 NCR 00549 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/22/2009 could just address, us to adjust this finding, and then prepare it with the statement that that cannot be made, and then can you come in and execute the Resolution with that finding adjusted that way. MR. ALLEN: I would prefer the latter. MR. KIFP: Okay. I would, too. MR.,;ALLEN: Okay. Let's do it that.way. And with that, I don't have any -other concerns. As I mentioned in our e- mail,. I thought that the Resolution was well drafted and addresses all the issues that need to be addressed. MR. KIPP: Okay. MR. ALLEN: So that concludes this agenda item, unless staff or anyone has any further comments. MR. KIPF: No, we don't. THE COURT: Thank you.. MR. KIPF: All right. So our next item is Kramer Center of Newport beach, 207 28th street. And this hearing is continued from a previous hearing on -- I believe it was December 10th. And I see a gentleman at the podium. `could you like to address us, sir? MR. COOKSEY: Yes, Mr. Allen. My name is David Cockney. I'm an attorney from Costa Mesa. I am representing the Kramer Center. PRECISE REPORTING SERVICE 800- 647 -9099 M111 NCR 00550 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/22/2009 I just this afternoon received the recommendations from the staff, and I am not totally familiar with them. what I would seek at this time is a continuance of this hearing so. that.I may familiarize myself with the material, confer with Mr. Kiff, and see if there are some problems that we can iron out and possibly come to a resolution. _­Not knowing.the full . scope - -of -the problems, it's difficult for me to address the merits of it at this time. So I'd ask the matter be continued to a date. I don't know what the timing is on future hearings, but with the exception of the first week in February, I can generally make myself available to meet with the city and try to get a resolution put together. MR. ALLEN: What position does the City staff, legal staff, have with respect to continuing this matter? I want to preface their comments, however, by saying that this is the second hearing for this item, and this item has been before.the.City since last summer, I,m quite certain. And the issue here is that there are a lot of citizens who are very interested in these uses in their neighborhoods. And they give us their time to come to these hearings to assert their position and make their comments. PRECISE REPORTING SERVICE 800 -647 -9099 it NCR 00551 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/22/2009 This is very late for someone to come forward and now ask for a continuance on the basis that it so inconveniences so many people and city staff. So with that preface, however, I'd certainly like to hear from staff insofar as their position. MR. C00KSITY: By the way, I make apologies to those citizens who would be inconvenienced by such a continuance. I was the attorney representing Kramer Center in two federal lawsuits that involved the City of Newport Beach, both of which have been resolved as to the Kramer Center. So 3'm not totally new to the game, but with this COP process, that-is fairly new to me. I haven't dealt with it. before. MR. ALLEN: okay. MR. KIFF: Mr. Allen, the thoughts that you expressed about the.folks in the audience and their interest in this,item, I respect that. I also believe that in order for this process to remain effective, we.do need to give the applicant and applicant's Counsel the time they need to review this material. Although, I will say what we did pretty good about posting it on time. You said you're out next week? MR. COOKSBY: First week in February. MR. KIFF: Potentially, if you wanted to ask PRECISE REPORTING SERVICE 800- 647 -9099 12 NCR 00552 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/22/2009 some questions about the application, maybe if you had some time tomorrow, potentially before you leave -- although we have another week, don't we? MR. COOKSEYe Yes. MR. TUFF: So the first week Of February, we do have some hearings set up the 5th, and then the 12th, and I'll explain that in a little bit. But so.potentially, if you were amenable, Mr. Allen, maybe we could reschedule this for a week from today, potentially -- staying still staying in Jaauary? Because otherwise, we're talking about three weeks away. And if I could make myself available to meet with you as early as tomorrow or Monday -- MR. COOKSRY: All right. I know I'm free on Monday. I could meet with you on Monday. MR. RIFF: Do you think a week from today seems reasonable to reschedule the hearing? MR. COOKSEY: I hate to reschedule and then reschedule it again. Do these hearings take place always on a Thursday? MR, KIFF: No, they don't. Depending on the availability of the .room and Mr. Allen's availability, we are running up against the deadline of February 22 by which we need to have determinations hopefully on as many of the existing operations as possible, if not all of . PRECISE REPORTING SERVICE. 800- 641 -9099 13 NCR 00553 1 2 3 4 5 6 7 8 9 10 11 . 12 13 ' 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/22/2009 them. So my goal is to allow, potentially -- if we schedule the hearing for next Thursday, and held the hearings, Mr. Allen has been very amenable to taking public comments and continuing things. But i.just don't want to get all jammed up near the end of February and overwhelm him and staff and the public and the applicant's with the hearing after hearing. So my preference would be to try to stick with the week from today, if that'a amenable to you. MR. COOKSEY: I guess it will be amenable to me. MR. ALLEN: And.that, would be the same time the Ocean Recovery hearing? MR. RIFF: Ocean Recovery we've had to move back a week, so this would just be Kramer Center. MR. ALLEN: Okay. MR. KIFF: So we have the room reserved, don't ^L- MR. ALLEN: okay. Good. All right. Well then, if that's the position of the staff, then it would be appropriate to continue. However, what I believe should always be done in instances like this is if there is someone here in the PRECISE REPORTING SERVICE 500- 647 -9099 14 NCR 00554 1 2 3 4 5 6 7 8 9 10 li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/22/2009 public who needs to speak to us who cannot be here a week from today, and I mean that sincerely, that this wouldn't be another Opportunity just to talk about it, but if any Of you cannot be here a week from today and need to make your comments for the record now, you're welcome to do so. But I would discourage it, but on the other hand, you should all have a chance to be heard one way or the other. I see Mr. Mathena, MR. MATHER&: Yes. MR. LISrJN: What date again? MR. ALLEN: January 29thR correct? MR. RIFF: 4 o'clock on the 29th, a week from today. MR. ALLEN: If you can't be here, you're welcome -- you realize -- MR. MATHENA: I can't be here. MR. ALLEN: Okay. Well, you're very good about Putting your comments in writing, and they are well done. And so if you need to say something, say it. MR. MATIUMA: A couple different points, Number one, .I have reviewed this file in depth. I have looked at -- and actually, the City's superhuman efforts in attempting to get that out of this applicant, getting it, having an initial proceeding, naming a date for this, PRECISE REPORTING SERVICE 800 - 647 -9099 15 NCR 00555 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY — 1/22/2009 timely delivering the proposed -- the staff findings -- MR. ALLEN: I'm sorry, Mr. Mathena. But we need -- if you can't -- if you need to make comments about the substance of the application, that's what I think we should hear today, and the public hearing is for this purpose. MR. MATHMM: My point in this,is you are precluding me from doing so. And you are precluding me from so in a circumstance where, frankly, I rearranged my schedule in light of Ocean Recovery's hearing, and in light of his changing, and in light of it -- and now you're telling me I have to go back. And you're doing it in a context where you have met due process in this readily, multiply. And using -- having an applicant throw awe hired an attorney yesterday at this," my God, I wish that you were doing the reviews of any other permit, because I'd eventually get it done just out of attrition. I want this on the record. I want a.copy of this transcript. I want an agenda of all the items that happened and when they happened. Because I personally, if this does pass, will appeal it, especially in light of the appropriate ataff findings. Personally I will appeal it. MR. ALLEN: Thank you. PRECISE REPORTING SERVICE 800- 647 -9099 161 NCR 00556 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY 1/22/2009 MR. MATAENA: And I want that in the record. U T,1!=S.ST MR. ALLEN: Sir, if you can't be here at the next time, and if you have to have -- MR. LISRIN: You know, my name is Matt Liskin. .MR. ALLEN we cannot have more argument on continuing this matter. It's going to be continued. Mt. LISAIN: You know what? Sir, with due respect, I, and all these citizens, came here. And.just because this gentleman and this organization -- it's inconvenient and they are not prepared, I'm not going to guess if I'm available next week. Ism here now, and Ind like to make a comment. And my comment, which I think is significant, is that if you do review the file, which I have done, and if you take today into context, it's consistent with this operator really not doing a good job being responsible just in the process. And what I think is pertinent is, how can they be responsible in the care of troubled people in the community when, once again, they can't be responsive to the City or to all these people who interrupt their day to come here to get resolution to what is a difficult issue? That is a core competency issue in terms of PRECISE REP0RTING SERVICE 800- 647 -9099 17 NCR 00557 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/22/2009 running any business, and that's being responsible from a regulatory point of view. And in the case of health care, it's paramount. And I don't believe that the argument of, "Well, I got this file today, because they just hired me today," says very good things about this operator's ability to work with this community -- and I've made that comment about other operators. -- but more importantly, about how they must be caring for their patients. This is black -and -white stuff. You fill it out. Drug patients have a multitude of problems which have to be solved in a very careful and thoughtful way. And I think careful and thoughtfulness is anything but what we're seeing with the conduct of this operator. MR. ALLEN: Okay. Thank you. That's a valid comment. M. LISFIN: .Thank you. MR. ALLEN: All right. So there's been a request by the applicant to continue this matter. Staff and the applicant's attorney has spoken here on the record here, and it's agreed that this matter, Kramer Center, 28th Street, will be continued to January 29th at 4 p.m. And at that time, it will go forward. All right. Any other business? I believe there's some business about the Ocean Recovery matter PRECISE REPORTING SERVICE 800- 647 -9099 18 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 1/22/2009 that needs to be focused on. MR. RIFF: Let me just briefly tell the audience the upcoming group residential hearings. ocean Recovery is confirmed for February the 5th. So same room, 4 o'clock. They will have two properties up at once, 1601 -West Balboa and 1115 West Balboa. Yellowstone Recovery, and they have four properties in Santa Ana Heights. This is a combined use permit and reasonable accommodation hearing.. That is schedule for Thursday, February 12th. 5o a week later, sam& location, same time. And there are others pending. Pacific Shores Recovery. That will -- they are approaching us with a reasonable accommodation hearing. There-s an organization called Balboa Recovery that has three unlicensed treatment homes they are proposing to ask for reasonable accommodation. And then finally, Morningside Recovery has told us that they intend to ask for reasonable accommodation on some locations, and then potentially involving a use permit hearing for locations in a multi- family zone. That would be new locations. MR. ALLEN: Okay. 8o the certain times right now are January 29th for Kramer, February 5th for Ocean PRECISE REPORTING SERVICE 800- 647 -9099 191 NCR 00559 1 2 3 4 5 6 7 8 9 10 11 12 23 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY 1/22/2009 Recovery, and February 12th for Yellowstone? MR. RIFF: That's right. MR. ALLEN: All right. is there any other business to come before the hearing officer or hearing matters that the audience should be aware of? . MR.. RIFF: I would -make one final note, Mr. Allen. A number of folks have asked for the transcript from these hearings. And we're remiss in not putting them up an the Web site. I will do that for each of the hearings we've held and on a going - forward basis when we receive.those transcripts. Those are available to the public, to the applicant, to anyone else who wants to see them. MR. ALLEN: Thank you. And with that, we're adjourned. (Ending time: 4:28 p.m.) PMCI6E REPORTING SERVICE 800- 647 -9099 NCR 00560 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 I, the undersigned, a Certified Shorthand Reporter for the State of California, do hereby certify: That prior foregoing proceedings were taken before me at the time and place herein set forth; that any witnesses in the foregoing proceedings, prior to testifying, were placed under oath; that a verbatim record of the proceedings was made by me using machine shorthand which was thereafter transcribed under my direction; further, that the foregoing is an accurate transcription thereof. I further certify that I am neither financially interested in the action nor a relative or employee of any attorney of any of the parties. IN WITNESS WHEREOF, I have this date subscribed my name. Dated: MuYa A. Millsap, RPR CSR No. 9266 NCR 00561 A abatement 6:5 abide 6:6 ability 18 : 6 acceptable 8:6 aacommod... 19.110,15 19 :16,20 accurate 21:12 action 21s15 added4:24 5:1 address 1041 10:22 11:9 addressed 10:11 addresses 10:10 :1 adoption 4:8 7:8 ADP 5:14 afternoon 11:1 agenda 4:5,6 10:13 16:20 agreed18:21 Allen l :ll 4:4,11 6 -13,22 7:3,13 8:4 8:14,16,22 9:9,14,15 10:5,7,13 10:23 11:15 12 -15,16 13:9 14:4 14:14,18 14:21 13S1KPORT COAST RBMVERY - 1/22/2009 15 :12,15 15:18 16:2 16:25 17:3 17:6 18:15 18:18 19424 20:3 :20:7,14 Anon I a 13 :22 alley 6:24 allow 6:21 8:25 14:2 allows 6:17 8 -24 amenable. 6:10 13 :8 14:4,11,12 amendment 6:1 American 6:16 Ana 19:9 Angeles 3:5 Anton3:13 APA5:3 apologies 12:6 apologize 7:21 appeal 16:22 16:23 APPSARF:=8 3:1 applicant 12:20 15:24 16:15 18:19 20,12 appli.Cast I a 12:20 14:8 18:20 application 5:3,14 9:23 13:1 16:4 apply 5 -2,24 5:25 7:19 approaching :L9; 7.4 appropriate 5:2,18,23 5:24 14:23 16:23 approved 5:16 area 5: 5 7:22 17.6 -18s4 asked 20:7 assert 11:24 3:8 Associate 3:8 Association 6:17 attempting 15:24 attention 4:17,17 attorney 10 :24 12:8 26:15 18:20 21:16 .16;18 audience 12.17 19:3 20:5 audience'a 4:17 availabi... 13 :22,22 available 11:13 13 :12 17:12 20:11 Avanve3s5 aware 20:5 8 ^- back14 :17 16 :12 Salboa5 :9 5:25 6:3,7 6:8,14 19 :6,7,16 based5:19 basis 12 -2 20:10 bay 5 :15 beach 1:3.0 1:12 2:8,9 3-3,7,9 41`10.18 .12:10 beginning 2:9 behalf 2:7 believe 5: 18 8 -8 16-20 12:18 14:24 18:31 18:24 bit'13 7 black4:22 black -an..: 18:10 block5:7 6s18 8:3 blue 6 :2 Bobko 3: 4 6:22 Boulevard 2:8 3:9,13 6 :4,8,15 briefly 19:2 SROI[9 3 - 8 6:25 8:19 building 5.24 business 18 :1,24,25 20:4 _.._.._C_.. CA3: 5,9,13 California 1:12 2:9 4:1 21:5 called 19: 16 PRECISE REPORTING SERVICE 800 - 647 -9099 Page 1 care5:9 6:4 17:20 18:3 careful 18:12,13 caring 18:8 oase18:2 catch 8i12 call 8:17 Center1:10 3:11 10:18 10:25 12:9 12311 14:17 18:22 certain 6:6 11:20 19:24 certainly 6:19 12:4 Certified 2:11 21:4 eertify21:5 21:14 challenging 9:23,24 chauce15:7 change4:16 4:18;24 9:21 changes 6:10 8.5 changing 16 -11 cirom:st.. . 16.9 Citizens 11:22 12:7 17:9 City2:8 3 :3 3 :7,8 5:16 7:2,4,7 11:14,15 11:19 12:3 12:9 17:22 city, s6:25 7 -14,15 15-23 clear ? :22 NCR 00563 closed6:5,6 Coast l:8 4:6 code 9:3,7 9:20 combined .19:9 ccmm4:18 10:3 11 :7. 11:23 12:1. 17:23 20 :4 comment 5: 23 17:13,14 18 :7,16 camsoents 10:14 11.17,25 14:5.15 :5 15:19 16:3 community 17:21 18:6 compatib... 4:21 competency 17:25 concept? :12 concern 7:3 concerns 6:13,22 10:8 concludes 10:13 conduct 18:14 confer ll:5 conferring 9:16 confirmed 19:4 consider 4:8 6:21 7:25 9 :1,10 consider., 8 :2,25 considered 8:19:1 considering 5:21 NEWPORT COAST RECOVERY - 1/22/2009 consistent 17:16 constitute 9 :6 contains 4:12 context 16:13 17:16 continuance 11:4 12:2 12.8 continue 14:23 18:19 continued 10:19 11:10 17:7 M-22 continues 6:3 continuing 5 :6 11:16 14:5 17 :7 COcksey3:12 3:12 10:23 10 :24 12:6 12:24 13:4 13:14,18 14:.12 Copy16:19 corel7 :25 correct 15:12 Costa3 :13 . 10:24 Counsel 12:20 ocaple7:22 15 :21 COURT 10:16 CSR 21:23 COP 12:13 D4l21 - -- date11 :10 15:11,25 21:17 Dated21 :20 DAVE 3:8 David 3 :12 10:23 day17 :22 deadline 13!23 dealt12 :14 10:20 defer 6:25 delivering ..36:1 . deal a14 :6 9 :18,18 g 13-21 depth 15:22 detarod n... 13:24 different 15:21 difficult 11x9 17:23 directed 4:13 7;18 9 :27 direction 21:12 discourage 15:6 5:23 district 9:20 doing 16:8 16:13,16 17:17 draft4:23 drafted 10:10 draw 4 x 17 Drug 18:11 dne16:14 17:8 DUFFr3:12 S earlyl3:13 east 6: 15 effective 12:19 efforts 15:23 21:15. endorses 7:2 entitled 4:15. especially 16:22. 88Q1:11 3:4 3:12 . eventually 16:17 exact7.:7 excaption 11:12 excluded 5 :21 execute 10:3 existence 9:5 existing 13!25 expLln 13 : 7 expressed 9 :22 12:17 a -null 8: 22 10:9 _8 _ facilities 6:4 7:12 facility S. 9 5:14,17,19 6:9 7:10 7:23 fact6:6 9 :5 failed 8 :16 fair 5: 12 fairly 12:13 familiar 11:3 faniliarise 11:4 PRECISE REPORTING SERVICE 800- 647 -9099 Page 2 fa-41y5:17 5:22 7:9,9 1 11:13 12:24 13 :5 13023 14:7 19i4,11,25 20 ;1 federal 12 :9 :k 8-23 feet 5:13 608 file 15122 17:15 18:4 fill 18:10 final 6:3.1 20:6 finally :20 8 ,12 17 :1 :5 11:12. 12:24 13:5 noor 3 :5,13 focused19:1 folks 12. 17 20:7 foot 5: 7 foregoing 21:6,8,12 fortb21:7 forward 12:1 18:23 four 19 :8 frauklyl6:9 free 13; 14 full i1:8 fartber NCR 00564 10:14 21:12,14 futurell:ll GAGS 31:12 gaze 12 :12 generally . -11:13 gentleman 10:21 17:10 GSRSSOQ3:4 getting 15-.24 give 9:11, 24 11 :23 12:20 gives 8:24 805:6 16:12 18:23 g0a114:2 God16:16 going 4:11 4:18 17:7 going -fo... 20:10 good12 M 14:21 15:18 17:17 18 :5 Grand 3:5 gray7s21,22 group7:10 19:3 guoss 14 :12 17:12 hand15:6 _ happened 16:21,21 hatel3:18 health 18:2 hear 9: 8 1215 16:5 heard 15:7 hearingl:7 NEWPORT COAST RECOVERY - 1/22/2009 1:11 2.7 4:25 9:23 1D: -19,19 11:4,18 13:17 14:3 14x8,9,15 16:5,10 19:10,15 19:22 20:4 20:4 hearings4:7 11c12,24 13:6,19 14:4 19:3 20:8,50 Heights 19:9 held 14: 3 `20:10 hired 16.15 18:5 home 7i16 homas7:17 19:17 hopefully 13:24 Norisons5:9 5:25 housing 5.15 importantly 18:8 inconven... 12:7 inconven... 12:3 inconven... 17:11 initial 16:25 injunction 7:19 insofar 12 : 5 Instance 6:19 instances 14 :25 integrated 7:11,17,20 -7:25 ints44 19 :20. interest 12:18 interested 11:22 21 :15. interrupt 17:22 involved 12:9 involving 7:20 19:21 iron11:6 issue 8 :7 9.24 11:21 17:24,25 . issue810:10 item4:5 10:13,17 11:18,19 -12:18 item: 16:20 J jammed14 :6 Janet3:8 9:11 Januarys :13 2:10 4:1,5 IT: 10 15:12 18 -.22 19:25 job 17:17 JOHNSON 3:8 Judge 7:18 7:24 judgment 9:18 R3:4. ....�. Kiff 3.8 4:11 6:16 7:11,14 8:12,15,20 8:21 918 9:11,14,16 10:6,12,-15 10.:17 11:5 12:16,25 13:5,16,21 14:16,19 .15:13 19:2 20:2,6 kind6:2 know 11:11 13:14 17 :5 17:8 . knowing 11:8 knawn 6 :'9 Kramer 1:10 3.11 10:18 10:25 12:8 12:11 14:17 18:21 19.25 language -- 4:22,23 6:1 late 12:1 Laura2:11 21:22 law5:16 lawsuits 12:9 leave 13.3 legal 11:16 Lot' a10 :7 Light 16:10 16:11,11 16:22 linww 6:18 Liskin 15:11 17 :5,5,8 16:17 litt1e13:7 L= 1:10 located5:3 5:8 8:15 location 8 :9 19:12 locations 19:21,22 PRECISE REPORTING SERVICE 800 -647 -9099 Page 3 19:23 lock6:17,19 9.12 lookedl5:23 Lou 3:5 lot 11:21 LP1:8 machine - 21.10 . masamged 7 s 16 Manager3 : =8 material 11 :5 1221 36atheaa 15 : 9 15:10,17 15:21 16:2 16.:7 1711 Matt17:5 matter 417 11:10,16 17:7 18s19 18:21,25 matters:20s5 mean 8: 5 15:2 meet11:13 1:3 :12 ,15 meeting4s13 mention 8:16 mentioned 10:9 .merits 1119 Mass. 3.13 10x24 mst16 :14 mid - Balboa 5:4 Mi22sap2 :11 21:22 MIAs 9 :10 minutes 9:25 missed8:22 modifica... 5:10 moment 9:11 Mondayl3s13 13:15;15 NCR 00565 Worningaids 19.:19 move 4, 11 14:16 multiply 16114 multitude 18:11 19 :22 « came 10�r23 17x5,21:18 nam1a915:25 6:18 need10:10 12:20,21 13:24 15:4 15:20 16:3 16:3 needs 5:16 - 15:1:19:1 4:22 neighbor... 11x23 neitbar 21:14 networked 7:16 newl2:12,13 19:23 mamport 1: 8 1:10,12. 218,8,.9 3:3,7,9,9 4:1,6 10;18 12:10 non- Stan... 5:4 note 6 : 7 20:6 number8 :8 8:11,12 15:22 20:7 NEWPORT COAST RECOVERY - 1/22/2009 O eath2l•9 object 7:4 Objectives 9:2,7,.19 obviously 7:1 occur 9 :5 Occan 6:9 14:15,16 16;10 18;25 19:4° 19:25 officerl:ll', 4:25 20:4 okay 7:3,14 8:4,15,20 18:21 10:6 10:7,12 12:15 14:18,21 =15 a8 18:15 19:24 oncel7:21 19:6 Open 4:4 operable 7:23 operates 7:16 operations 13:25 operator 7:16 17:17 18:14 operators 1827 operator's 18 :6 opportunity 1513 order 6:7 12:19 ordinance 7:8,19 organisa... 17:10 19:16 outside4:23 overcoat... 9:4 overwhelm 14 -7 aIclock 15:13 19:5. 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Public l::7 .+2.c7 4:7 14:5,8 15:1,;16:5 20.12 purplish 6:2 purpoqel6: 6 9:20 put 11:14 putting 15.:19 20:9 p.m2z9,10 4 :2,2 18:23 20:16 question 5 :12 questions 13:1 quite11:20 R3:12� read 9 : 3 readily. 16:14 realise 15:16 really 17:17 rearranged 16:9 reasonable 13:17 19:10,15 NCR 00566 19:18,20 reasons 5:19 receive ,20:11 received 11:1 reconown... 9:9 recoomtea...: 4:16 11:2 recommended 5:1 record 15:5 16:19 17:1 -18:21 21:.10 recovery 1 :-8 4:7 6:9 14:15,16 18:25 19 :4 19:8,14,16 19:19 20:1 Raeoveryzs 16:10 reference . 6:14,23 8210 referring 7:11 regulate7:5 regulatory 18:2 rejected9 :9 relates 9:18 relating 4:20 relative 21 :15 relatively 7:21 remain 6:6 12:19 ramimber7:7 8:17 reaiss20 ;a report4:10 Reporter 2212 21:5 NEWPORT COAST RECOVERY - 1/22/2009 rapreaea... 10:25 12:.8 request 18:19 requirement 8:24. reschedule 13:9,17,18 13:19 reserved 14.:19 residential 5 :8'6:4,9' 19:3 resolution 4.:6,8;12 4%14-6:11 8:6 9:17 . 10 :3,9 11 :7,14 17 :23 resolved 12:10 raspect 11:16 12:1817:9 responsible 57:17,20 18:1 responsive 17 :21 result9:5 reviwr12 :21 17:15 reviewed 15:22 reviews 16:17 RIC8ARD83:4 right4:4 7:4,25 10.17 13:14 14 :21 18:18,24 19:24 20:2 20 :3 roo=13:22 .14:29 19:5 RPR 2 :11 21 :22 running 13:23 18:1 83 :5 .__... 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HO- 2009 -001 A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT BEACH DENYING WITH PREJUDICE USE PERMIT NO. 2008-033 TO ALLOW AN EXISTING GROUP RESIDENTIAL USE TO CONTINUE AT 1216 WEST BALBOA BOULEVARD, NEWPORT BEACH, CALIFORNIA (PA2008404) WHEREAS, Ordinance No. 2008 -05 was adopted by the Newport Beach City Council on January 22, 2008, following noticed public hearings; and WHEREAS, the adoption of Ordinance No. 2008-05 amended the City of Newport Beach's Municipal Code (NBMC) relating to Group Residential Uses; and WHEREAS, Ordinance No. 2008 -05 added Chapter 20.91A to the NBMC. Chapter 20.91A sets forth a process by which existing group residential care facilities, except for state4icensed drug or alcohol treatment homes serving six or fewer clients and not operating integrally with other uses, must apply for use permits to remain in operation beyond February 2009; and WHEREAS, in order to allow an existing group residential care facility to remain in operation, a Hearing Officer must find, following a noticed public hearing, that all four of the findings identified in NBMC §20.91.035 (A) and all seven of the findings identified in §20.91A.060 can be met; and WHEREAS, Newport Coast Recovery, located at 1216 West Balboa Boulevard ("Use Location] in Newport Beach, California is today a group residential care facNty in an apartment complex housing seven units that is a state- licensed alcohol or drug residential treatment home for up 29 persons (ADP License No. 300156AP); and WHEREAS, Newport Coast Recovery ( "Use") applied for Use Permit No. 2008- 033 to continue its operations as an 18 bed facility under Ordinance No. 2008 -05 within the applicable time period, and a noticed public hearing was .held on Monday, December 8, 2008, at the Newport Beach City Council Chambers where public testimony was taken, including testimony from the applicant, and this hearing, was continued to Monday, January 12, 2009, also at the Newport Beach City Council Chambers where more public testimony was received including testimony from. the applicant; and WHEREAS, both hearings were presided over by Thomas W. Allen, Hearing Officer for the City of Newport Beach; and WHEREAS, the Use Location is within the Nonstandard Subdivision Area as defined by Ordinance No. 2008 -05; and NCR 00.570 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Pace 2 of 12 WHEREAS, proximate to the Use Location are the following uses referred to in NBMC §20.91A.060 (D): 1. Within 300 feet Balboa Horizons Recovery Services (11. bed licensed treatment facility located at 1132 West Balboa Boulevard, with an approved use penriit) is one block east of the Use Location, 'on the same side of the street. 2. Wthin 300 feet and across the street: Newport Elementary School for students in grades ICindergarden through 5"` grade at located 1327 West Balboa Boulevard. 3. Within °750 feet: ` Christ Church's large (44 children capacity) state - licensed daycare center located at 1400 West Balboa Boulevard. 4. Within 1250 feet: Outlets for alcoholic beveraget are the American Legion Hall located at 215 W. 15P Street and Frys Market located at 115 E. 15th Street NOW THEREFORE BE IT RESOLVED: Section 1: That Finding No. 3 of NBMC §20.91.035 (A) can be made for the following reasons: NBMC §20:91.035 (A)' Finding -No. 3: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the.district in which it would be located. The facility, as conditioned through a use permit, would comply with the operational standards of 20.91A.050 of the NBMC, as outlined in Findings A and B of the NBMC §20.91A:060 and as described in Section 2 below. Section 2. That Findings A - C and Findings E G of NBMC §20.91A.060 can be made for the following reasons: NBMC §20.91A.060 Finding A: The use conforms to all applicable Provisions of Section 20.91A.050. These development and operational standards are summarized as follows: 1. No secondhand smoke can be detectable outside the property. The facility's current operational regulations restrict smoking to designated areas within a courtyard area of the facility. The courtyard area is enclosed on 'all sides by walls but is open to the sky. Stroking outside of the limits of the enclosed courtyard area is prohibited. NCR 00571 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Page 3 of 12 2. Operations of the facility must comply with state and local law, and the submitted management plan,. including any. modifications. required by this Use Permit. The operations of this. facility are: in compliance with the State ADP license, and as conditioned .with approval of a.:use pemut for the facility, would be required to comply with the approved: management plan. Approval of muse permit for the facility would indude a condition of approval requiring that the applicant obtain an .amended State ADP license to allow a maximum of 14 residents and .that within .60 days of. the Issuance of a. use permit, the applicant confirm, in writing and with such information presented to the. City, that the counseling of familial members notin residence at 1216 West Balboa Boulevard isy .acceptable under the terms,of the current ADP license and any future ADP license. 3. A corifectname and number must be provided to the City. Appropriate names and contact information numbers are provided within the application. Approval of a use permit for the facility would Include a condition of approval . requiring the applicant. to- provide. the. City with the appropriate 'after hours °names and contact infornation numbers. 4. No. services requiring a license can be provided if fhe:facility does not have a license for those services. The operation plan for the facility provides that only those services permitted by the facility's ADP license are performed within the facility_ 5. There .shall be no more than two, persons per bedroom. plus one additional resident, unless a greater occupancy Is requested and granted. Occupancy must also comply wlth.State licensing if applicable. The facility Is licensed for a maicimum occupancy of 29 residents. The facility contains 9 bedrooms currently occupied by two persons per bedroom for a total of 18 residents. Approval of a use permit for the facility -would include a condition of approval requiring .the applicant to obtain an amended ADP license establishing a maximum resident occupancy in treatment of 14 persons, the equivalent of two persons per dwelling unit. This occupancy is consistent with the residential occupancy design of the building and the occupancy standards of NBMC Section 20.91A.050. 6. If certification from an entity other than ADP's licensing. program is available, applicants. must get that certification. NCR 00572 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Pace 4 of 12 Approval of a use permit for the facility would include a condition of approval requiring the applicant to consider the merits of additional certification available to it, including but not limited to an Orange County Adult Alcohol and Drug Sober Living. certification. 7, All individuals and entities involved in the facility's operation and ownership must be disclosed. All employees and management personnel have been disclosed in the application documentation. 8. No owner or manager shall have any demonstrated pattern of operating similar facilities in violation.of the law. According to information provided in the application documentation the owners and managers of the facility do not own or operate any other similar facility in the City of Newport Beach or in the State of California, and there is no known record of state violations associated with the facility's operations. The facility's State of California ADP license is in good standing and is valid until January 31, 2010. While residents submitted evidence that the same operator managed an unlicensed adult recovery maintenance facility at 1219 West Balboa for a period of time, the City is not aware that this facility, which did not provide treatment onsite, was operated in violation of the law. NBMC. §20.91A.060 Finding B. The project includes sufficlent on -site parking: for the use, and traffic and transportation impacts have been mitigated to a level of Insignificance. The NBMC requires off -street parking and loading spaces for a residential care facility at a ratio of one space for every three beds. The facility provides a total of six off -street parking spaces; and therefore, would meet the NBMC requirements for off - street parking for 14 beds with the exception of weekend family counseling sessions as discussed below. Residents completing their first phase of treatment, which includes 30 days of residency, are not allowed to have personal vehicles. Clients completing their second and third phase of treatment, which includes an additional 30 to 60 days of residency, are permitted have their personal vehicles at the facility if determined by the facility operator to be necessary (i.e. for use driving to and from work). Newport Coast Recovery conducts regular family counseling sessions on weekends. Familial counseling for non - residents, while being an important part of the recovery of resident clients, can significantly impact on- street parking during busy weekends on the Balboa Peninsula. The use of on- street parking by NCR 00573 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA200 8-104) Pane 5 of 12 the facility on weekends impacts the availability of on -street parking for use by residents of the neighborhood. This finding could be made if a condition of approval is made part of the Use Permit requiring the applicant to : (1) purchase one master parking permit from the City to use for on- street parking by each client who is permitted to drive his personal vehicle to and from the facility; and (2) restrict the number of clients who reside at 1216 West Balboa who are perririted to have personal vehicles; (3) require that all on -site spaces remain permanently clear and open for parking; (4) require all staff members to use the on -site parking for personal cars and transport vans; and (5) regulate family counseling activities including prohibiting family members from. using on-street :parking when visiting the facility and requiring either the use of on site parking by family members visiting the facility or the use by family members of alternative transportation modes to and from the facility. NBMC §20.91A.060 Finding C: The property and existing structures are physically suited to accommodate the use. The building, is similar to many other residential structures along West Balboa Boulevard constructed on a lot parcel that measures approximately 62 feet wide by .100 feet deep. The building was constructed in 1949 when the subject property was.. zoned R -3. The property was later rezoned to an R -2 District in 1989 along with other properties in the area. As a result, the structure is nonconforming structure permitted to continue subject to the provisions of Chapter 20.62, "Nonconforming Structures and Uses,' of the NBMC. The City of Newport Beach Fire Department is the responsible agency for implementing fire protection of all group residential care facilities and residences. The subject property has an approved fire clearance from. the City of Newport Beach Fire Department dated June 6, 2004, for a maximum occupancy of 29 residents, as well as staff. Separate from the use permit process, the applicant may be required to conduct an architectural code analysis of the facility to determine if the facility complies with existing current. Building Codes for this occupancy type, or the Building Codes existing at the time the facility was initially Issued a "fire clearance ° NBMC §20.91A.060 Finding E: The operation of buses and vans to transport residents to and from off-aft activities does not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding area. A facility van provides transportation for the residents on a weekly schedule dispersed within the day and among the days of the week so that van transportation is not concentrated during peak traffic times. Van loading and NCR 00574 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Page 6 of 12 than the narrower alley access at the rear of the building. Approval of a use permit would include a condition of approval restricting loading and unloading of transportation van passengers to occur within open parking spaces along West Balboa Boulevard and prohibiting van drivers from stopping or double- parking in a traffic lane. ,NBMC §20.91A.060 Finding.F: 'Arrangements for delivery of goods are made within the hours that are compatible with and will not adversely affect -the peace and quiet of neighboring properties. Business products and other packages and goods are delivered to the facility's business office located off -site. From this location, goods are delivered by staff members.to the>facliity during weekdays between the hours of 9:00 a.m. to'5:OD p.m. These days. and hours for deliveries are consistent with normal working hours and as: such are compatible with and will not adversely affect the peace and quiet of neighboring properties, NBMC §20.91A.060 Finding G: Arrangements for commercial trash collection in excess of usuat residential collection are made within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. The applicant contracts whh.a commercial waste management company which collects trash twice a week on weekdays between the hours of 9:00 a.m. and 5:00 p.m. The hours of trash collection are within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. S on 3. That Findings Nos. 11, 2, and 4 of NBMC §20.91'.035'(A) cannot be made for the following reasons: NBMC §20.91.085 (A) Finding No. it That the proposed location of the use Is in accord with the objectives of this code and the purposes of the district In which the site is located. This proposed project is only partially in accord with the objectives of this code and the purposes of the district in which the site is located. The subject property is located in an R -2 District, and the proposed use as a residential care facility is a nonconforming use. Nonconforming uses in a residential district are subject to the provisions of Chapter 20.91A of the NBMC. The proposed application for Use Permit 2008 -033 is in accord with the objectives and requirements of Chapter 20.91A with respect to the requirement for the submittal of an application for approval of a use permit to continue the use of the subject property as a residential care facility in the R -2 District: NCR 00575 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Page 7 of 12 The objectives of the code include provisions intended to reduce, through the use permit process, the potential for overconcentration of residential care facilities within a neighborhood and to protect public. health; safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use. The intensity, of the use, if limited to 14 residents housed In 9 bedrooms with 2 persons per bedroom, would be consistent with a typical residential. population factor of two persons per dwelling unit in the R -2 District and,the surrounding properties within he R -2. District: However, the subject property's proximity to another residential care Jacirdy at 1132 West Balboa. Boulevard, to a large state - licensed day care facility at 1400 West Balboa Boulevard, to Newport Elementary School, and to facilities either selling or serving alcoholic beverages makes the proposed use incompatible with the surrounding residential character of the neighborhood. The discussion of incompatibility of the proposed use with the surrounding residential neighborhood is discussed in detail in Section 4 of this Resolution. The proposed location of the use is not -in accord with all of the objectives of ttds code and the purposes of the district in which the site is located due to the proximity of the proposed use to another. residential care facility at 1132 West Balboa Boulevard, to Newport Elementary School, to the large state4icensed day care faciity, and to alcoholic beverage sales and service facilities; and therefore; this finding cannot be made. NBMC §20.91.035 (A) Finding No. 2; That the proposed location of the use permit and the proposed conditions under which It would be operated or maintained will be consistent with the General Plan and the purpose of the district in, which the slte,is located; will not be detrimental ta'the public health, safety, peace,: morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. General Plan policy LU 6.2.7 directs the City to regulate day care and residential care facilities to the maximum extent allowed by federal and state law so as to minimize impacts on residential neighborhoods.. Approval of a use permit for the facility would include conditions regulating the use and operational characteristics related to curfew hours, smoking, transportation of clients off -site, trash collection, delivery of goods, and types of services provided; however, the continued use of the subject property as a residential care facility in this location would be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the facility. Testimony by an adjacent neighbor and other area residents includes statements that residents at this facility have been disrespectful to others in the neighborhood, including playing music loudly despite frequent requests not to do so, littering, using profanity, and allowing excessive secondhand smoke to NCR 00576 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Paoe 8 of 12 permeate adjacent residences. From this testimony, it does not appear to the City staff that the operator can adequately control the facility's caseload of clients in a manner that allows the neighbors to have quiet enjoyment of their properties. The subject property is proximate (within 300 feet) to Newport Elementary School located at 1327 West Balboa Boulevard and proximate (within 750 feet) to Christ Church by the Sea's Children's Center, a large day care facility licensed by the State of California Department of Social Services located at 1400 West Balboa Boulevard with a capacity of 44 children. These facilities could be affected by the use due to residents. of Newport Coast Recovery using the open recreational area associated with Newport Elementary School and the potential for residents of Newport Coast Recovery to loiter, smoke, and engage in offensive and disruptive behaviors incompatible with nearby. school and daycare uses. NBMC §20.91.035 (A) Finding No. 4: If the use is proposed within a Residential District (Chapter 20.10) or in an area where: residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is' consistent with the purposes specified. in Chapter 20.91A and conforms to all requirements of that Chapter. This proposed project is only partially consistent with the purposes specified in Chapter 20.91A and does not conform to all the requirements of that Chapter. The subject property is located in an R -2 District, and the proposed use as a residential care facility is a .nonconforming use. Nonconforming uses in a residential'district are subject to the provisions of Chapter 20.91A of the NBMC. The proposed application for Use Permit No. 2008-033 is in accord with the purpose and requirements of Chapter 20.91A with respect to the requirement for the submittal of an application for approval of a use permit to continue the use of the subject property as a residential care facility in the R-2 District. The intended purpose of the code is, to maintain the residential character of the neighborhood within which a facility is located, to reduce the potential for overconcentration of residential care facilities vidhin a neighborhood, and to ,protect public health, safety, peace, morals, comfort, or welfare, of persons residing or working in or adjacent to. the neighborhood of such use. The placement of more than one residential care facility per median block length in the densely populated mid - Balboa Peninsula area creates a strong likelihood of . change to the character of the residential neighborhood and would result in an overconcentration of residential care facilities within the neighborhood. It is appropriate to apply the American Planning Association standard to this application. The use is located in the mid - Balboa Peninsula area which is a part of the Nonstandard Subdivision Area. Inasmuch as §20.91A.060 (D.3.) indicates median block lengths in different areas of Newport Beach widely range from 300 NCR 00577 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Page 9 of 12 Balboa Peninsula area where this use is located. The calculable median block length of 617 feet is hereby established for purposes of the mid - Balboa Peninsula area. 'The tern "block! means an area bounded by streets, per Ordinance No. 2008 -05 (Section 20.03.030). In this case, Balboa Boulevard is a major street that is a sufficient dividing line between each side of Balboa Boulevard. However, the Hearing Officer can extend beyond smaller, streets like 12"' and 11'h Streets -in an effort to "eliminate the dtfferences in block lengths' per Section 20.91A.060 (133.) to achieve a 617400t'block standard. Within the 6174dot block where the proposed use is located there is already one 11 -bad residential care faaifity (Balboa Horizons). The proposed use located at 1216 West Balboa Boulevard, within the same block as Balboa Horizons, would result in an overconcentration of residential care facilities within the neighborhood. The subject property's proximity, to another residential care facility at ' 1132 West Balboa; to a large state - licensed day care facilityr at 1400 West Balboa, to Newport Elementary School, and to facilities either selling or serving alcoholic beverages makes the proposed use incompatible with the surrounding residential character of the neighborhood. The discussion of incompatibility of the proposed use with the surrounding residential neighborhood is . discussed in detail in Section 4 of this Resolution. The proposed location of the use is only partially consistent with the purpose of the code and does not conform to all the requirements of Section 20.91A; and therefore, this finding cannot be made. Section 4. That Finding D of NBMC §26.91A.060 cannot be made for the following reasons: NBMC §20.91A.060 Finding D: The use will be compatible with the character of the surrounding neighborhood, and the addition or continued Maintenance of the use will not contribute to changing. the residential character of the neighborhood, such as creating an overconcentration of residential care uses In the vicinity of the proposed use. In making this finding or sustaining such a finding, the Hearing Officer shall consider, as appropriate, the following factors: 1. The proximity of the use location to schools, parks, other residential care facilities, outlets for alcoholic beverages and any other uses which could be affected by or affect the operation of the subject use,, 2. The existence of substandard physical characteristics of the area in Which the use is located such as lot widths, setbacks, narrow. streets, limited available parking, short blocks, and other substandard characteristics which are pervasive in certain areas of the City of Newport Beach, including portions of West Newport, Udo Isle, Balboa NCR 00578 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Page 10 of 12 2. The existence of substandard physical characteristics of the area in which the use is located such as lot widths, setbacks, narrow streets, limited available parking, shat blocks, and other substandard characteristics which are pervasive In certain areas of the City of Newport Beach, including, portions of West Newport, Lido Isle; Balboa Peninsula, Balboa Island, Corona del Agar and Newport Heights, which. portions were depicted on a map referred to as the Nonstandard Subdivision Area presented to the Newport = Beach':; - P- Ianning . .:Commission on September 20, 2007 and on file with the Director of . Planning; and 3. Whether, in light of.the factors applied in subsections 20.91XD.1 and D.$ it would be, appropriate to. apply the American Planning Association standard of permitting one or two such uses per block. Median block lengths in different areas of Newport Beach widely range from 300 feet In the Nonstandard Subdivision Areas to as much as -1,422 feet in standard subdivision areas. The average calculable block length in much of the standard subdivision areas is" 711 feet and the calculable median block length Is 617 feet The Hearing Officer shall apply the American Planning Association standard in all areas of Newport Beach in a manner that eliminates the differences in block lengths. In making this determination, the. hearn%officer shall be guided by average.or median block lengths in standard subdivisions of the City. The Hearing Officer shall retain the discretion to apply any degree of separation of uses, which he or. she deems appropriate in any given case. A,copy of the American Planning Association standard Is on file with I the "Director of Planning. ' The subject property is proximate (within 300 feet) to Newport Elementary School located at 1327 West Balboa Boulevard, and proximate (within 750 feet) to Christ Church by the Sea's Children's Center, a large day care facility licensed by the State of California Department of Social Services located at 1400 West Balboa Boulevard with a capacity of 44 children. These facilities could be affected by the use due to residents of Newport Coast Recovery using the open recreational area associated with Newport Elementary School and the potential for residents of Newport Coast Recovery to loiter, smoke, and frequently engage in offensive and disruptive behaviors incompatible with nearby school and daycare uses. The subject property is proximate (within 1250 feet) to two outlets for alcoholic beverages (American Legion Hall at 21515"' Street and Fry's Market at 115 15"' Street) both within walking distance from the facility which allows residents of the use "convenient access to alcohol sales and service which can affect the ability of the use to fully operate as an alcohol rehabilitation facility. NCR 00579 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Page 11 of 12 It is. appropriate to apply the American Planning Association standard to this application. %The use is located in the mid- Balboa Peninsula area which is a part of the Nonstandard Subdivision Area. Inasmuch as §20.91A 060 (D:3.) indicates median block.lengths in different areas of Newport Beach widely range from 300 feet -in the nonstandard subdivision areas to as much as 1,422 feet in standard subdivision: areas, the Hearing Officer may establish a block length for the mid - Balboa Peninsula area where.this use is located: The calculable median bkrdc length of 617° feet is hereby established for purposes of the' mid- Balboa Peninsula - area. . The term "block" means an area bounded "b - streets.. per Ordinance No. 2008 -05 (Section 20.03.030). In this case; Balboa Boulevard is a major street that is a sufficient dividing line between blocks on each side of Balbom However; the Hearing :Officer can extend beyond smaller:. streets .like 1e and 1 11h Streets in an effort to "eliminate the differences in bock lengths" per Section 20.91A.060 (1):3) to achieve a 617400t standard. The placement of more than one residential pre facility per median block length inthe densely populated. mid- Balboa Peninsula area creates a strong likelihood of change to the character of the residential neighborhood. Within the 617 -foot block where this use is located there is already one 11 bed residential pre facility.(Balboa Horizons). Section 5. The Hearing Officer hereby denies with prejudice Use Permit No. 2008 -033: Section 6. The action shall become final and effective fourteen (14) days after the adoption of this: Resolution unless within such time an appeal rs filed with the City Clerk in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. NCR 00580 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA200 8-104) Page 12 of 12 PASSED, APPROVED; AND ADOPTED this 4' day of February, 2009, By:' Thomas W. Allen, Hearing Officer ATTEST: A _ NCR 00581 RESOLUTION NO. HO- 2009-001 A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT BEACH DENYING WITH PREJUDICE USE PERMIT NO. 2008 -033 TO ALLOW AN EXISTING GROUP RESIDENTIAL USE TO CONTINUE AT 1216 WEST BALBOA BOULEVARD, NEWPORT BEACH, CALIFORNIA (PA2008 -104) . WHEREAS, Ordinance No. 2008-05 was adopted by the Newport Beach City Council on January 22, 2008, following noticed public hearings; and WHEREAS, the adoption of Ordinance No. 2008-05 amended the City of Newport Beach's Municipal Code (NBMC) relating to Group Residential Uses; and . WHEREAS, Ordinance ' No. 2008 =05 died Chapter 20.91A to. the .NBMC. Chapter 20.91A sets forth a process by which existing group residential care facilities, except for state - licensed drug or alcohol treatment homes serving six or fewer clients and not operating integrally with other uses, must apply for use permits to remain in operation beyond February 2009; and WHEREAS, in order to allow an existing group residential care facility to remain in operation, a Hearing Officer must find, following a noticed public hearing, that all four of the findings identified in NBMC §20.91.035 (A) and all seven of the findings identified in §20.91A.060 can be met; and WHEREAS, Newport Coast Recovery, located at 1216 West Balboa Boulevard (°Use Location? in Newport Beach, California is today a group residential care facility in an apartment complex housing seven units that is a state - licensed alcohol or drug residential treatment home for up 29 persons (ADP license No. 300156AP); and WHEREAS, Newport Coast Recovery (°Use") applied for Use Permit No. 2008- 033 to continue its operations as an 18 bed facility under Ordinance No. 2008 -05 within the applicable time period, and a noticed public hearing was .held on Monday, December 8, 2008,, at the Newport Beach City Council Chambers where public testimony was taken, including testimony from the applicant, and this hearing was continued to Monday, January 12, 2009, also at the Newport Beach City Council Chambers where more public testimony was received including testimony from the applicant; and WHEREAS, both hearings were presided over by Thomas W. Allen, Hearing Officer for the City of Newport Beach; and WHEREAS, the Use Location is within the Nonstandard Subdivision Area as defined by Ordinance No. 2008 -05; and NCR 00582 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA200 8-104) Pape 2 of 12 WHEREAS, proximate to the Use Location are the following uses referred to in NBMC §20.91A.060 (D): 1. Within 300 feet: Balboa Horizons Recovery Services (11 bed licensed treatment facility located, at 1132 West Balboa Boulevard, with an approved use permit) is one block east of the Use. Location, on the same side of the street: 2. Within 300 feet and across the street: Newport Elementary School for students in grades Kindergarden through ` Balboa Boulevard: 51' grade at located 1327 West 3. Within 750 feet: Christ Church's large (44 children capacity) state - licensed day care center located at 1400 West Balboa Boulevard. 4. Within 1250 feet: Outlets for alcoholic beverages are the American Legion Hall located at 215 W. 15'h Street and Fry's Market located at 115 E. 1511 Street. NOW THEREFORE BE IT RESOLVED: Section 1. That Finding No. 3 of NBMC §20.91.035 (A) can be made for the following reasons: NBMC §20.91.035 (A) Finding No. 3: That the proposed use will comply with the provisions of this code, including any specific condition- required for the proposed use in the district in which it would be located. The facility, as conditioned through a use permit, would comply with the operational standards of 20.91A.050 of the NBMC, as outlined in Findings A and B of the NBMC §20.91A.060 and as described in Section 2 below. Section 2. That Findings A - C and Findings E - G of NBMC §20.91A.060 can be made for the following reasons: NBMC §20.91A.060 Finding A: The use conforms to all applicable provisions of Section 20.91A.050. These development and operational standards are summarized as follows: 1. No secondhand smoke can be detectable outside the property. The facility's current operational regulations areas within a courtyard area of the facility. on all sides by walls but is open to the sky. the enclosed courtyard area is prohibited. restrict smoking to designated The courtyard area is enclosed Smoking outside of the limits of NCR 00583 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Paae 3 of 12 2. Operations of the facility must comply with state and local law, and the submitted .management plan, including any modifications required by this Use Permit The operations of this facility are incompliance with the State ADP license, and as conditioned. with approval of a use permit for, the facility, would. be required to comply with the approved management plan... Approval of a'use permit for the facility would include a condition of approval, requiring that the applicant obtain an amended State ADP Iicense.to allow a.maximum of 14 residents and :that. within 60 days: of the. `issuance of a use permit, the applicant confirm, in writing and with such information presented to the City, that the counseling of familial members: not in residence at 1216' West Balboa Boulevard is aceepiable under the .terms of the current ADP license and any future ADP license. 3. A contact name and number must be provided to the City. Appropriate names and contact information numbers are provided within the application. Approval of a use permit for the facility would include a condition of approval requiring the applicant to provide the City with the appropriate `after hours° names and contact information numbers. & No services requiring a license can be provided ff the facility does not have a license for those services. The operation plan for the facility provides that only those services permitted by the facility's ADP license are performed within the facility. 5. There shall be no more than two persons per bedroom plus one additional resident, unless a greater occupancy is requested and granted. Occupancy must also comply with. State licensing if applicable. The faril'ity is licensed for a maximum occupancy of 29 residents. The facility contains 9 bedrooms currently occupied by two persons per bedroom for a total of 18 residents. Approval of a use permit for the facility would include a condition of approval requiring the applicant to obtain an amended ADP license establishing a maximum resident occupancy in treatment of 14 persons, the equivalent of two persons per dwelling unit. This occupancy is consistent with the residential occupancy design of the building and the occupancy standards of NBMC Section 20.91A.050. 6. N certification from an entity other than ADP's licensing program is available, applicants must get that certification. NCR 00584 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Peae 4 of 12 Approval of a use permit for the facility would include a condition of approval requiring the applicant to consider the merits of additional certification available to it, including but not limited to an Orange County Adult Alcohol and Drug Sober Living certification. 7. All individuals and entities .involved in the facility's operation and ownership must be disclosed. All employees. and management personnel have been disclosed in the application documentation. 8. No owner or manager shall have any demonstrated pattern of operating similar facilities in violation of the law. According to information provided in the application documentation the owners and managers of the facility do not own or operate any other similar facility in the City of Newport Beach or in the State of Califomia, and there is no known record of state violations associated with? the facility's operations. The facility's State of California ADP license is in good standing and is valid until .January 31, 2010. While residents submitted4vidence that the same operator managed an unlicensed adult recovery' maintenance facility at 1219 West Balboa for a period of time, the City is not aware that this facility, which did not provide treatment onsite; was operated in violation of the law. NBMC §20.91A.060 Finding. B: The project includes sufficient on -site parking for the use, and traffic and transportation Impacts have been mitigated to a level of insignificance. The NBMC requires off- street parking and loading spaces for a residential care facility at a ratio of one space for every three beds. ` The facility provides a total of six off - street parking spaces; and therefore, would meet the NBMC requirements for off - street parking for 14 beds with the exception of weekend family counseling sessions as discussed below. Residents completing their first phase of treatment, which includes 30 days of residency, are not allowed to have personal vehicles. Clients completing their second and third phase of treatment, which includes an additional 30.to 60 days of residency, are permitted have their personal vehicles at the facility if determined by the facility operator to be necessary (.e. for use driving to and from work). Newport Coast Recovery conducts regular family counseling sessions on weekends. Familial counseling for non - residents, while being an important part Of the recovery of resident clients, can significantly impact on- street parking during busy weekends on the Balboa Peninsula. The use of on- street parking by NCR 00585 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Paae 5 of 12 the facility on weekends impacts the availability of on- street parking for use by residents of the neighborhood. This finding could be made if a condition of approval is made part of the Use Permit requiring the applicant to : (1) purchase one master parking permit from the City to use for on- street parking by each client who is permitted to drive his personal vehicle to and from the facility; and (2) restrict the number of clients who reside at 1216 West Balboa who are permitted to have personal vehicles; (3) require that all on- site spaces remain. permanently clear and open for parking; (4) require all staff members to use the on- site parking for personal cars and transport vans; and (5) regulate family counseling activities including prohibiting family members. 4rom .using on- street parking. when visiting the facility and requiring either the use of on -site parking by familymembers visiting the facility or the use by family members of alternative transportation modes to and from the facility. NBMC §20.91A.060. Finding C: The property and existing structures are physically suited to accommodate the use. The building is similar to many other residential structures along West Balboa Boulevard constructed on a lot parcel that measures approArnately 62 feet wide by 100. feet deep. The building was construdad in -1949 when the subject property was zoned R -3. The property was later rezoned to an R -2 District in 1989 along with other properties in the area. As a result, the structure is nonconforming structure permitted to continue subject to the provisions of Chapter 20.62, "Nonconforming Structures and Uses," of the NBMC. The City of Newport Beach Fire Department is the responsible agency for implementing fire protection of all group residential care facilities and residenoes. The. subject, property has an approved fire clearance from the City of Newport Beach Fire. Department dated June 6; 2004, for a maximum occupancy of 29 residents, as well as staff. Separate from the use permit process, the applicant may be required to conduct an architectural code - analysis of the facility to determine if the facility complies with existing current Building Codes for this occupancy type, or the Building Codes existing at the time the facility was initially issued a "fire clearance." NBMC §20.91A.060 Finding B: The operation of buses and vans to transport residents to and from off -stte activities does not generate vehicular traffic substantially greater than that normally generated by residential activities In the surrounding area. A facility van provides transportation for the residents on a weekly schedule dispersed within the day and among the days of the week so that van transportation is not concentrated during peak traffic times. Van loading and NCR 00586 i i i i City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Paoe 6 of 12 than the narrower alley access. at the rear of the building. Approval of a use :;permit would include a condition of approval restricting loading and unloading of =transportation van passengers to occur within open'parkdng spaces along West Balboa Boulevard and prohibiting van drivers from stopping or double-parking in a traffic lane. ;NBMC §20.91A.060 Finding *F Arrangements for delivery of goods are made within.the hours that are compatible with and will not adversely affect - the peace and quiet of neighboring, properties. Business products and other packages and goods are delivered to the facility's business office located off -site. From this location, goods are delivered by staff members to the facility during weekdays between the hours of 9.W a.m. to 5:00 p.m:.. These days and fours for deliveries are consistent with normal working hours and as such are compatible with and will not adversely affect the peace and quiet of neighboring properties. NBMC §20.91A.060 Finding G: Arrangements for commercial trash collection.in excess .of usual residential collection are made within hours 'that are compatible with and will not adversely affect the peace and quiet of neighboring properties. The applicant contracts with a commercial waste management company which collects. trash twice a week on weekdays between the hours of 9:00 a.m. and 5:00 p.m. The hours of trash collection are within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. Section 3. That Findings Nos. 1, 2, and 4 of NBMC §20.91.035 (A) cannot be made for the following reasons: NBMC §20.91.035 (A).Finding No. 1: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district In which the site is located. This proposed project is only partially in accord with the objectives of this code and the purposes of the district in which the site is located. The subject property is located in an. R -2 District, and the proposed use as a residential care facility is a nonconforming use. Nonconforming uses in a residential district are subject to the provisions of Chapter 20.91A of the NBMC.. The proposed application for Use Permit 2008 -033 is in accord with the objectives and requirements of Chapter 20.91A with respect to the requirement for the submittal of an application for approval of a use permit to continue the use of the subject property as a residential care facility in the R -2 District NCR 00587 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Paae 7 of 12 The objectives of the code include provisions intended to reduce, through the use permit process, the potential for overconceritration of residential care facilities within a neighborhood and to protect public health, safety, peace, morals, comfort, or welfare of persons residing or working in or 'adjacent to the neighborhood of such use. The intenstly of the use, if limited to 14 residents housed in 9 bedrooms with 2 persons per bedroom, would be consistent with a typical residential population. factor of two persons per dwelling unit 'in the R -2 District and the surrounding properties within the R -2 DiWcL However, the subject property's proximity.to another residential care -facility at 1132 West Balboa Boulevard, to a large state - licensed day pre facility at 1400 West Balboa Boulevard, to Newport Elementary School, - and to facilities either' selling or serving - alcoholic beverages. makes the proposed use incompatible with the surrounding residential -character of the neighborhood. The discussion of incompatibility of the proposed use with the surrounding. residential neighborhood is discussed in detail in Section 4 of this Resolution. The proposed location of the use is not in accord with all of the objectives; of this code and the purposes of the district in which the site is located due to the proximity of the proposed use to another residential care facility at 1132 West- Balboa Boulevard, to Newport Elementary. School, to the large state - licensed day care facility; and to alcoholic beverage sales and service facilities; and therefore, this finding cannot be made. NBMC §20.91.035 (A) Finding No. 2: That the proposed location of the use permit and the proposed conditions under which.. it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort,. or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the .properties or improvements in the vicinity or to the general welfare of the city. General Plan policy LU 8.2.7 directs the City to regulate day care and residential care facilities to the maximum extent allowed by federal and state law so as to minimize impacts on residential neighborhoods. Approval of a use permit for the facility would include conditions regulating the use and operational characteristics related to curfew hours, smoking, transportation of clients off -site, trash collection, delivery of goods, and types of services provided; however, the continued use of the subject property as a residential care facility in this location would be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the facility. Testimony by an adjacent neighbor and other area residents includes statements that residents at this facility have been disrespectful to others in the neighborhood, including playing music loudly despite frequent requests not to do so, littering, using profanity, and allowing excessive secondhand smoke to NCR 00588 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Pape 8 of 12 permeate adjacent residences. From this testimony, it does not appear to the City staff that the operator can adequately control the facility's caseload of clients in a manner that allows the neighbors to have quiet enjoyment of their properties. The subject property is proximate (within 300 feet) to Newport Elementary School located at 1327 West Balboa Boulevard and proximate (within 750 feet) to Christ Church by the Sea's Children's Center, a large day care facility licensed by the State of California Department of Social Services located at 1400 West Balboa Boulevard with a capacity of 44 children. These facilities could be affected by the use due to residents of Newport Coast Recovery using the open recreational area associated with Newport Elementary School and the potential for residents of Newport .Coast Recovery to loiter, smoke, and engage in offensive and disruptive behaviors incompatible with nearby school and daycare uses.. NBMC §20.81.035 (A) Finding No. 4: ff the use is proposed within a Residential District (Chapter 20.10) or In an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the. purposes. specified In Chapter 20.91A and conforms to all requirements of that Chapter. This proposed. project is only partially consistent with the purposes specified in Chapter 20.91A and,does not conform to all the requirements of that Chapter. The subject property is located in an R -2 District, and the proposed use as a residential care facility is a nonconforming use. Nonconforming uses in a residential district are subject to the provisions of Chapter 26.91A of the NBMC. The proposed application for Use Permit No. 2008 -033• is in accord with the Purpose and requirements of Chapter 20.91A with respect to the requirement for the submittal of an application for approval of a use permit to continue the use of the subject property as a residential care facility in the R -2 District. The intended purpose of the code is to maintain the residential character of the neighborhood within which a facility is located, to reduce the potential for overconcentration of residential care facilities within a neighborhood, and to protect public health, safety, peace,, morals, comfort, or welfare of persons residing or working in or adjacent to..the neighborhood of such use. The placement of more than one residential care facility per median block length in the densely populated mid - Balboa Peninsula area creates a strong likelihood of change to the character of the residential neighborhood and would result in an overooncentration of residential care facilities within the neighborhood. It is appropriate to apply the American Planning Association standard to this application. The use is located in the mid - Balboa Peninsula area which is a part of the Nonstandard Subdivision Area. Inasmuch as §20.91A.060 (D.3.) indicates median block lengths in different areas of Newport Beach .widely range from 300 NCR 00589 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Paae 9 of 12 Balboa Peninsula area where this use is located. The calculable median block length of 617 feet is hereby established for purposes of the mid - Balboa Peninsula area. The term "blow means an area bounded by streets, per Ordinance No. 2008 -05 (Section 20.03.030). In this case, Balboa Boulevard is a major street that is a sufficient .dividing line between each side of Balboa Boulevard. However, the Hearing Officer can extend beyond smaller streets like 1P and 11"' Streets in an effort to "eliminate the differences in block lengths" per Section 20.91A.060 (D.3.) to achieve a 617 foot block standard. Within the 617 -foot block where the proposed use is located there is already one 11 bed residential care facility (Balboa Horizons). The proposed use located at 1216 West Balboa Boulevard, within the same block as Balboa Horizons, would result in an overconoentration of residential care facilities within the neighborhood. The subject property's proximity to another residential care facility. at 1132 West Balboa, to a large state - licensed day care facility at 1400 West Balboa, to Newport Elementary School, and to facilities either selling or serving alcoholic beverages makes the proposed use incompatible with the surrounding residential character of the neighborhood. The discussion of incompatibility of the proposed use with the surrounding residential neighborhood is discussed in detail in Section 4 of this Resolution. The proposed location of the use is only partially consistent with the purpose of the code and does not conform 'to` all the requirements of Section 20.91A; and therefore, this finding cannot be made. Section 4. That Finding D of NBMC §20.91A.060 cannot be made for the following reasons: NBMC §20.91A.060 Finding D: The use will be compatible with the character of the surrounding neighborhood, and the addition or continued maintenance of the use will not contribute to changing the residential character of the neighborhood, such as creating an overconcentration of residential care uses In the vicinity of the proposed use. In making this finding or sustaining such a finding, the Hearing Officer shall consider, as appropriate, the following factors: 1. The proximity of the use location to schools, parks, other residential care facilities, outlets for alcoholic beverages and any other uses which could be affected by or affect the operation of the subject use; 2. The existence of substandard physical characteristics of the area in which the use is located such as lot widths, setbacks, narrow. streets, Ilmfted available parking, short blocks, and other substandard characteristics which are pervasive in certain areas of the City of Newport Beach, including portions of West Newport, lido Isle, Balboa NCR 00590 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Paae 10 of 12 2. The existence of substandard physical characteristics of the area in which the, use. is located .such as lot widths, setbacks, narrow streets, limited available parking, short blocks,, and other substandard characteristics which are- pervasive in certain areas of the City of Newport Beach, including portions of West Newport, Lido Isle, Balboa Peninsula,. Balboa Island, Corona- del Mar and Newport Heights, which. portions were depicted on a. map referred to as the Nonstandard Subdivision Area presented to the Newport Beach Planning Commission on September 20, 20117 and on file with the Director of Planning; and 3. Whether; in light of the factors applied in subsections 2M91A.D.1 and D.2, It would be appropriate to apply the American'Planning Association standard of permitting one or two such uses per block Median block lengths in different areas of Newport Beach widely range from 300 feat In the Nonstandard Subdivision Areas to as much as IA22 feet in standard .subdivision areas. The average calculable block .length In much of the .standard subdivision areas is 711 feet and the calculable median block length is 617 feet The Hearing Officer .shall apply the American Planning Association standard in sit areas of Newport Beach in a manner that eliminates the differences in block lengths. In making this determination, the hearing officer shall be guided by. average or median block lengths in standard subdivisions of the City. The . Hearing Officer shall retain the discretion to apply any degree of separation of uses, which he or she deems appropriate in any given case.. A copy of the American Planning Association standard Is on file with the Director of Planning. The subject property is proximate (within 300 feet) to Newport Elementary School located at 1327 West Balboa Boulevard, and proximate (within 750 feet) to Christ Church by the Sea's Children's Center, a large day care facility licensed by the State of California Department of Social Services located at 1400 West Balboa Boulevard with a capacity of 44 children. These facilities could be affected by the use due to residents of Newport Coast Recovery using the open recreational area associated with Newport Elementary School and the potential for residents of Newport Coast Recovery to loiter, smoke, and frequently engage in offensive and disruptive behaviors incompatible with nearby school and daycare uses. The subject property is proximate (within 1250 feet) to two outlets for alcoholic beverages (American Legion Hall at 215 15"' Street and Fry's Market at 115 le Street) both within walking distance from the facility which allows residents of the use convenient access to alcohol sales and service which can affect the ability of the use to fully operate as an alcohol rehabilitation facility. NCR 00591 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) of 12 It is appropriate to apply the American Planning Association standard to this application. The use. Is located in the mid - Baboa Peninsula area which is a part of the Nonstandard Subdivision Area. Inasmuch as §20:91A 060 (D.3.) indicates median block lengths in different areas of Newport Beach widely range from 300 feet in the nonstandard subdivision areas to as much as 1,422 feet in standard subdivision areas, the<Hearing .Officer may establish a block length for the mid- Balboa Peninsula area where this use is located. The calculable median block length of 617 feet is hereby established for purposes of the mid- Balboa Peninsula area.. The term °blow means an area bounded by streets, per Ordinance No..2008 05 (Section 20.03.030). In this case, Balboa Boulevard is a major street that is a sufficient dividing line between blocks on each. side of Balboa. However, the Hearing Officer can extend beyond smaller streets like le and 11°'Streets -in an effort to °eliminatethe`differences inl lock'lengths° per Section 20.91A.060 (D:3) to achieve a 617400t standard. The placement of more than -one residential care facility per median block length in the densely populated mid - Balboa Peninsula area creates a strong likelihood of.change to the character of the residential neighborhood. Withinihe 617 -foot block where this use is located there is already one 11 bed residential can: facility (Balboa Horizons). Section 5. The Hearing Officer hereby denies with prejudice Use Permit No. 2008 -033. Section 6. The action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. NCR 00592 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Page 12 of 12 PASSED, APPROVED; AND ADOPTED this 4t' day of February, 2009. ATTEST: Thomas W. Allen, Hearing Officer NCR 00593