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Home My WebLink About09 - Administrative Record NCRNotice of Public Hearing Regarding NCR Applications for Use Permit No. 2008 -033 & Reasonable Accommodation No. 2009 -009 (June 27, 2009) i ► �y :in �� :L��I�I�I�Z A+hxlax�� I,, P01.h AC .em 1,4MIU, dNUgppLimmiva,j- Ilt^re� tl tlmSup,,v, Cow prtil ar,e f nm}; Cid&.m a `v .In, A 6214. piember 161 ,id WIloutII 06.3, FILE COPY STATE OF CALIFORNIA) ) ss; COUNTY OF ORANGE ) 1 am a. Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. 1 am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County, of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: June 27, 2005 I declare, under.penalty of perjury, that the foregoing is true and correct. Executed on June 29, 2009 at Costa Iuu esa, California r i %rL ',, .;,r,ua.;s, Sign tore .CF:tvsnax CITY JUL 02 2009 NOTICE OF PUBLIC HEARING. GROUP RESIDENTIAL USE i PERMIT No. 2008433 and REASONABLE ACCOMMODATION No. 2009.009 NEWPORT COAST .RECOVERY 1216 WEST 'BALBOA BOULEVARD NOTICE IS HEREBY GIVEN that on Tuesday, July 7;:2009, at 3:00: p.m., a Hearing Officer: designated by the City Council of the City of Newport Beach will reopen a public hearing in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California, to consider the application of Newport Coast Recovery for property located at 1216 West Balboa Boulevard for Use Permit No. UP2008 -033. , The Hearing Officer shalt consider the following; Y An application requesting approval of a use permit to allow a residential care facility to operate a licensed adult alcohol and/or drug:. abuse recovery treatment facility. A public hearing for this application was initially held on December 8, 2008; at which time the Rem was continued to January 12, 2009 At the January 12, 2009 public hearing the Hearing Officer madeffndings for denial of the use permit.; and on'February 4, 2009, adopted Resolution No. HO- 2009 -001 denying with prejudice Use Permit No. UP2008 -033. This actin r}, was appealed by the applicant and a public hearing conducted by City Council was held on March 24, 209, at which time the ':matter was remanded Back to the Hearing Officer for consideration oTnaWly acquired evidence. At the same date, time and location. the Hearing Officer will also open a public hearing to consider Newport Coast Recovery's application for Reasonable Accommodation No.: RA2009.009 for the following; r A Reasonable. Accommodation application for an existing residential care facility to operate a licensed adult alcohol and /or drug abuse recovery and treatment facility in an R -2 District, where such uses are not permitted. The applicant requests` the following: 1'. An exemption from the portions of NBMC Section 20.10.020 (.Residential Districts;: Land: Use Regulationsj that require Residential Care Facilities, General to be established only in residential districts. zoned Multi -Family Residential (MFR) with a use permit, subject to the operational conditions recommended by City staff in the January 12, 2009 staff report for Use Permit No. 2DD8- 33, including a maximum occupancy of 14 residents, which was denied by the Hearing Officer or in the afterniljj e 2. An exemption from the requirements specified in NBMC Section 20.91A050 (Development and Operational Standards), including a waiver of the occupancy restriction of two persons per bedroom plus one staff member, and to allow a total occupancy of 18 residents, 3. An exemption from the parking requirements oNone off- street.parking space . for each three resident beds, as speed in NBMC Section 20.66.030 (Off-Street Parking and .Loading Requirements). for Residential Care, General use classifications,. and to apply the off - street parking requirements applicable to Two - family Residential (R-2) use ;classifications which requires two off - street parking spaces per dwelling unit'; 4. Treat the use of the licensed residential care facility as a legal nonconforming use; 5. Apply the California Building Code provisions that were applicable at the time the residential care facility was established as relates to life and fire safety matters; and 6. A waiver of the required finding specified in N8MC Section 20.91A.060 (D), relative to the compatibility of the use With the character of the surrounding neighborhood, which requires a finding that the continued use will not contribute to the changing of the residential character of the neighborhood, such as creating an overconcentration of residential careruses in the vicinity,, and waiving the impact analysis contained in the Factors A through C which the Hearing Officer must consider in making or sustaining the finding with regard to the proximity of the use to schools; churches, playgrounds, .day care 'centers, and alcoholic, beverage outlets, and the application of the American Planning Association standard of permitting one or two such uses per block. This activity has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). This class of projects has been determined not to have a. significant effect on the environment and is exempt from the provisions of CEQA.. This activity is also covered by the general rule. that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines). It can be .seen with certainty' that there is no possibility that this activity will have a significant effect on the environment and it is not subject to CEQA, All interested: parties may appear and present testimony in regard to these application& . if you challenge these projects in court, you may be limited to raising only those issues you or someone else raised at:the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The staff report may be reviewed at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.citv:newocrt- beach.ca.us beginning on the Thursday prior to the hearing. For more information; call (949)644 -3232 or (949).644 -3002. To be added to a permanent noifcation list of these :hearings, e-mail dkiff @cdy.newport- beach.ca.us and ask to receive these notices. Project File No.: PA2008 -104 - Activity No.: UP2008-033 and RA2009 -009. Dave Kiff, Assistant City Manager, City of Newport Beach. NCR UP /RA 00003 Memorandum from City Planning Dept. Addressing NCR Applications for Use Permit No. 2008 -033 & Reasonable Accommodation No. 2009 -009 (July 1, 2009) NCR UP /RA 00004 CITY OF NEWPORT BEACH MEMORANDUM TO: Thomas W. Allen, Hearing Officer FROM: Janet Johnson Brown, Associate Planner ibrown(a7city. newaort- beach. ca. us (949) 644 -3236 DATE: July 1, 2009 SUBJECT: Newport Coast Recovery, LLC (PA2008 -104) 1216 West Balboa Boulevard • Use Permit No. 2008 -033 • Reasonable Accommodation No. 2009 -009 Staff reports and exhibits addressing the applications submitted by Newport Coast Recovery and summarized below are attached this memorandum for the public hearing scheduled on Tuesday, July 7, 2009, at 3:00 p.m. in the Newport Beach City Hall Council Chambers. PROJECT SUMMARY An application requesting approval of a use permit to allow a residential care facility to operate a licensed adult alcohol and /or drug abuse recovery treatment facility. This application has been filed in accordance with Ordinance No. 2008 -05, which was adopted by the City Council in January 2008. A public hearing for this application was initially held on December 8, 2008, at which time the item was continued to January 12, 2009. At the January 12, 2009, public hearing the Hearing Officer made findings for denial of the use permit, and on February 4, 2009, adopted Resolution No. HO- 2009 -001 denying with prejudice Use Permit No. 2008 -033. This action was appealed by the applicant and a public hearing conducted by City Council was held on April 14, 2009, at which time the matter was remanded back to the Hearing Officer for consideration of newly acquired evidence, which is the purpose of this hearing. An application for Reasonable Accommodation requesting exemption from the Newport Beach Municipal Code (NBMC) to allow an existing residential care facility to operate a licensed adult alcohol and /or drug abuse recovery and treatment facility in an R -2 District, City Hall . 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659 -1768 Newport Coast Recovery - Hearing Information .July 9, 2009 Page 2 where such uses are not permitted has also been submitted. The applicant requests the following`. An exemption from the portions of NBMC Section 20.10.020 (Residential Districts: Land Use Regulations) that require Residential Care Facilities, General to be established only in residential districts zoned Multi - Family Residential (MFR) with a use permit, subject to the operational conditions recommended by City staff in the January 12, 2009 staff report for Use Permit No. 2008 -33, including a maximum occupancy of 14 residents, which was denied by the Hearing Officer; or, in the alternative. An exemption from the requirements specified in NBMC Section 20.91A.050 (Development and Operational Standards), including: • A waiver of the occupancy restriction of two persons per bedroom plus one staff member, and to allow a total occupancy of 18 residents; • An exemption from parking requirements specified in NBMC Section 20.66.030 and to impose parking requirements that treat the residents and the visitors of the residents in the same manner as any other resident or visitor to Newport Beach, particularly those requirements that pertain to weekend visitation; • Treat the use of the licensed residential care facility as a legal nonconforming use; • Apply the California Building Code provisions that were applicable at the time the residential care facility was established as relates to life and fire safety matters; and • A waiver of the required finding specified in NBMC Section 20.91A.060 (D), relative to the compatibility of the use with the character of the surrounding neighborhood, which requires a finding that the continued use will not contribute to the changing of the residential character of the neighborhood, such as creating an overconcentration of residential care uses in the vicinity, and waiving the impact analysis contained in the Factors A through C which the Hearing Officer must consider in making or sustaining the finding with regard to the proximity of the use to schools, churches, playgrounds, day care centers, and alcoholic beverage outlets, and the application of the American Planning Association standard of permitting one or two such uses per block. ATTACHMENTS Attachment A: Staff Report for Use Permit No. 2008 -033 Attachment B: Staff Report for Reasonable Accommodation No. 2009 -009 Attachment C: Administrative Record: May 20, 2008 to April 14, 2009 Attachment D: Correspondence Received after April 14, 2009 cc: Newport Coast Recovery, LLC NCR UP /RA 00006 Attachment A to City Planning Dept. Memorandum: Staff Report for July 7, 2009 Use Permit Hearing (Including Exhibit 1) NCR UP /RA 00007 Attachment No. HO 1 Staff Report for Use Permit No. 2008 -033 Dated July 7, 2009 0 141".41191 C LIV I I1 I► I I Y? CITY OF NEWPORT BEACH HEARING OFFICER STAFF REPORT July 7, 2009 Agenda Item 1 TO: Thomas W. Allen, Hearing Officer SUBJECT: Newport Coast Recovery 1216 West Balboa Boulevard • Use Permit No. 2008 -033 APPLICANT: Newport Coast Recovery, LLC CONTACT: Dave Kiff, Assistant City Manager (949) 644 -3002 or dkiff citv.newport- beach.ca.us Janet Johnson Brown, Associate Planner (949) 644 -3236 or ibrown (acitv.newport- beach.ca.us PROJECT SUMMARY This is a use permit application to allow the continued operation of an existing licensed adult (males only) residential care facility providing a licensed treatment environment with a total occupancy of 29 persons. This application has been filed in accordance with Ordinance No. 2008 -05, which was adopted by the City Council in January 2008. A reasonable accommodation application has also been submitted and is addressed separately. RECOMMENDATION Staff recommends that the Hearing Officer conduct a re- opened 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: • Deny the request for a Use Permit based on an inability to make a finding that the operator, Newport Coast Recovery, acts in compliance with State and local law (finding based on NBMC §20.91A.060.A.8). BACKGROUND As you are aware, the two of us were present and served as staff (along with contract planner Debby Linn) for your decision on the Use Permit request by Newport Coast Recovery (1216 West Balboa Boulevard). These hearings were held on December 8, 2008 and January 12, 2009. On January 12, 2009, you determined that Use Permit No. 2008 -033 be denied. At the City Council's meeting on April 14, 2009, the City Council took an action to remand the Use Permit back to you to consider evidence acquired after your hearing on January 12, 2009 was closed. City Hall • 3300 Newport Boulevard . Post Office Box 1768 • Newport Beach, California 92659 -1768 [y :ill �l :L��IrhI�F Newport Cmsf Recovery— Headng Womagon July 7. 2009 Page 2 This memorandum addresses only the new information learned after the close of the Use Permit hearing but relevant now that the Use Permit hearing has been re- opened. The information directly affects staffs recommendation on one finding (NBMC §20.91A.060.A.8) and obligates us to recommend denial of the Use Permit based on an inability to make this finding. NEWLY- ACQUIRED INFORMATION Between the January 12, 2009 hearing and today, two cases of note have come to the City's attention — in both cases, by parents of persons staying at Newport Coast Recovery. One case (Case #1) resulted in a Notice of Violation (Complaint #19- CR- 20090327105641) being issued to Newport Coast Recovery by the California Department of Social Services (DSS) for a violation of California Health and Safety Code §1508. CA HSC §1508 reads as follows: §1508. No person, firm, partnership, association, or corporation within the state and no state or local public agency shall operate, establish, manage, conduct, or maintain a community care facility in this state, without a current valid license therefor as provided In this chapter. No person, firm, partnership, association, or corporation within the state and no state or local public agency shall provide specialized services within a community care facility in this state, without a current valid special permit therefor as provided in this chapter. Except for a juvenile hall operated by a county, or a public recreation program, this section applies to community care facilities directly operated by a state or local public agency. Each community care facility operated by a state or local public agency shall comply with the standards established by the director for community care facilities. As used in this chapter, "local public agency" means a city, county, special district, school district, community college district, chartered city, or chartered city and county. The Notice of Violation is attached as Exhibit 1. State ADP has an ongoing investigation about this same issue. The finding that cannot now be made is the following: NMBC §20.91A.060 Finding A: That the use conforms to all applicable provisions of Section 20.91A.050. These development and operational standards are summarized as follows: ... 8. No owner or manager shall have any demonstrated pattern of operating similar facilities in violation of the law. More detail about Case #1 and a description of Case #2 follows. Case #1. On or about April 1, 2009, a mother who claimed to have a 17 year -old child in treatment at Newport Coast Recovery (NCR) for cocaine addiction contacted City staff. The information staff received from the boy's mother was troubling, and casts considerable doubt upon whether the Appellant manages this treatment facility in accordance with the law. Among the troubling issues identified by Staff: • NCR knowingly accepted two minor boys for treatment at NCR in apparent violation of their license from ADP. NCR further told DSS investigators that they held an "adolescent waiver" that allows treatment of minors at the NCR facility. ADP officials told the City on Friday, Newport Coast Recovery— Heanng intorma0an July 7, 2009 Page 3 April 3, 2009 that there is no record of NCR having an "adolescent waiver' authorizing Newport Coast to treat adolescents. There are allegations that one of the minors was instructed by NCR 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 NCR's facility and taken to a sober living facility in Costa Mesa CRutger's House ") without notifying the child's parents; When Newport Beach and Costa Mesa Police found the child, NCR staff told the NBPD Officer that they would not take him back into the NCR facility because he was a minor, effectively abandoning him. The boy's family is in Nevada (mother) and the Central Valley (father), and he had no means to get home; In an effort to allow NCR to defend itself and to include such defense in the record for this hearing, on April 18, 2009, City staff sent the below e-mail to Mr. Michael Newman of NCR, which was received by NCR's counsel but never answered. From: Kiff, Dave Sent: Saturday, April 18, 2009 3:40 PM Tor Michael Newman Subject: Requests Hi Mike — If you would like, please run these questions by Mr. Polin or Mr. Brancart. In preparation for the remanded use permit hearing, I have these requests. I regret that they sound like leading questions — they do indeed raise serious issues. As such;l would like to allow you a chance to help me understand your perspective. First, it is my understanding that you have asserted to a representative of DSS that Newport Coast Recovery has an adolescent waiver from ADP. Yet ADP told me that they have no record of this. Question: Can you clarify this and show me whether or not you have an adolescent waiver? ADP could be in error. I would note that your website, at one point at least, read: "Newport Coast Recovery is a 29 -bed all male facility 18 years of age or older." Second, your website at one point read, "If a client relapses, he is not discharged, but is instead taken to a detox unit for urgent treatment lasting at the least, 72 -hours before being re- admitted to our facility to work on the major issues causing his relapse. The staff concentrates on helping the client work through the relapse process." (sic) it is my understanding that one individual, Mr. did relapse but was taken to Rutgers House, which appears to me to be a less Intensive care situation. Questions : What is the actual process when someone relapses at Newport Coast? Was Mr. 's removal from your facility different from typical processes, and if so, why? Thirdly, I know that you have asserted that the Hearing Officer's denial should have been overturned because Newport Coast provides a unique service in the community, that being "the only 'Men's only' primary care facility in Newport. Other facilities require 30 days of primary care prior to entrance." Tome, that implies that Newport Coast offers "Day 1" non - medical detoxification services, something that ADP does indeed license. But I do not see on ADP's records where Newport Coast is authorized to provide non - medical detox services. The classification on ADP's list for Newport Coast is "RES" versus "RES- DETOX ". All that said, I may misunderstand the [y :ill �l :L�rIrIrZ f Newport Coast Recovery— Hearing Information July 7, 2009 Page 4 continuum of care, and there may be a primary service that is not called detox. Question: Can you please assist me in learning more about whether ADP would consider you a primary care facility? • Fourth, we need to schedule the hearing. I would like to do that the week of May 18 -22, but need to communicate with you to check your calendar. Thank you, Dave Kiff Assistant City Manager City of Newport Beach 949 - 644 -3002 Case #2. In late June 2009, City staff (Dave Kiff) was approached by a father and son who wanted to discuss the son's time with Newport Coast Recovery. Again, this family's description of the son's time at NCR raises several troubling business practices: • Son stayed there about five days. Son had come out of Pat Moore Foundation after a 72 -hour stay. Mr. Mike Newman visited son "every day" at Pat Moore, asking him to come to NCR. • Father paid $10,000 to Newman in advance of son's stay. • Son left NCR after about five days because there was no effective treatment — a MFCC came and talked to him for 20 minutes, the rest of the day was basically unsupervised. 'The schedule they give you is very fluid." • Son's friends were able to check him in and check him out — during his first days there. • Son left one evening and the NCR staff didn't know he was gone'til 9:00 a.m. the next day. • When father tried to get the $10,000 back, or a pro-rated portion of it after son left, Mr. Newman was unavailable, despite saying he would give the money back. • NCR website's pledge of "home- cooked meals" equated to a $55 /week Albertson's card, with meals prepared on your own. • When son came back to get papers, NCR gave him "about 3-4 pages of the 50+ pages' son signed. • Son thinks that NCR deleted son's parents names from the contact information from son's form (son is not a minor). • NCR lost son's passport and car title, despite it being "in the (NCR) safe." • In early afternoon during a visit to attempt to find Mr. Newman, father walked in the building through an open door, with no controls. Father walked towards the back trying to find someone, and one male client was in a room watching TV. The client brought father back to the kitchen to a closed door and found the manager. Newman has never met with father after initial payment of the $10,000. • Father spoke of researching NCR further on the Internet, and noting that NCR's website exaggerates its qualities and qualifications — case in point is that NCR states that it has a different (higher) rating from the Better Business Bureau than NCR actually has. Staff attempted to verify this, and found up to four instances where this may be true. Questionable Information on NCR's Website NCR's website (viewed on June 29, 2009) may lead the reader to infer the following: • That NCR is an "AAA" rated company by the Better Business Bureau (BBB). The BBB actually shows it as an "A -" rated firm, and apparently is not aware of NCR's violation from DSS for housing minors without a DSS license. NCR UP /RA 00012 NCR Website -6 -29-09 Newport Coast Recovery — Hearing Information July 7, 2009 Page S BBB Rating information BBB Website - 6.29 -09 That NCR is state- licensed (it is) and certified. In California, residential treatment facilities like NCR must be licensed by ADP to provide one or more of five types of residential treatment. State ADP certification is a voluntary program for non - residential treatment programs. NCR is not eligible to receive this ADP certification. It is uncertain what certification NCR refers to when it states the below: "Newport Coast Recovery (NCR) is a state licensed and ceri led (emphasis added) inpatient drug and alcohol treatment facility offering gender specific treatment for men with addiction and co- occurring disorders. Our highly structured live -in program is 12 step based that incorporates a holistic philosophy" • That NCR is a member of the National Association of Addiction Treatment Providers ( "NAATP"). The NCR website has a logo of the NAATP on it. The NAATP's website shows no record of having NCR as a current member. What the NCR Website Says (6 -29-09) "(NCR is) .. Licensed by the Califomia ADP, member of the National Association of Addiction Treatment Providers." . _ NCR is a member of NAATP...° • That their medical director, Dr. Michael Rudolph, is a board - certified addiction medicine director: We have found no evidence that Dr Rudnlnh is hnarc!_cPrtifiPd in addictinn nieua:me — ins onice c iaims ne is Waro- cerrmec In tmeraency Mealcme. A w another facility that Dr. Rudolph is affiliated with, "First House" in Costa Mesa says: First House Website: He (Dc Rudolph) is currently a member of the American and California Societies of Addiction Medicine and is board eligible in the field of Addict /on Medicine. NCR Website: All of our case managers are state certified alcohol and drug counselors and our therapists are professionally licensed. Our Medical Director, Michael Rudolph, M.D., is a board certified addiction medicine doctor. Conclusion on Newly - Acquired Evidence. Given the above, especially Case #1, City staff is unable to recommend to the Hearing Officer that the finding based on NBMC §20.91A.060 — A (especially A.8) can be made. Additionally, NCR's website information shows a pattern of NCR UP /RA 00013 Newport Coast Recovery— Hearing Information Jury 7, 2008 Page 6 providing apparently inaccurate information to readers (and potential clients) that overstates NCR's qualifications and standards. Staff recommends a denial of this Use Permit application based on the inability to make the finding associated with NBMC Section 20.91A.060.A.8. 0O Oft Exhibit No. 1 Department of Social Services Notice of Violation C NCR UP /RA 00015 } s CD-% ow JOHN A. WAGNER DIRECTOR April 1, 2009 STAB IibF CALIFORNA-- HEALTH AND HUMAN S d10ES AGENCY ,A y DEPARTMENT OF SOCIAL SERVICES COMMUNITY CARE LICENSING DIVISION 770 The City Drive, Suite 7100.Orange, CA • 92668 (714) 703 -2840 • FAX (714) 703 -2868 • www.celd.ca.gov ARNOLD SCHWARZEI Newport Coast Recovery 1216 West Balboa Blvd. Newport Beach, CA. 92661 SUBJECT: NOTICE OF OPERATION IN VIOLATION OF LAW REFERENCE: Unlicensed Operation You are hereby notified that the above referenced facility is operating without a license which is a violation of California Health and Safety Code, Section 1508. This section prohibits any person, firm, partnership, association, or corporation within the state from operating, establishing, managing, conducting, or maintaining a Community Care Facility in the state Without first obtaining a license. In accordance with Health and Safety Code Sections 1540, 1541, 1547, and other applicable laws, your continued operation without a license could result in civil and /or criminal action being taken against you. Effective since 09/16188, licensing regulations require the assessment of civil penalties for operation without a license. California Code of Regulations, Section 80058, indicates that: A $200.00 per day penalty shall be assessed for the continued operation of an unlicensed facility the 16th calendar day after the operator has been issued the Notice of Operation in Violation of Law and has not submitted a completed application as required. The $200.00 per day penalty shall continue until the operator ceases operation or submits a completed application. You may file a¢ application for a license by contacting the Mike Valentine at (714) 292 -5537. tinued operation pending licensure is a violation of law. Licensing Program Analyst Orange County Children's Residential District Office [y :ill �l :L�IIrI171 [? STATE OF CALWOMIA - HEALTH AND HUNAN SERVICES AQ8= CAUFORN A DEPARTMENT OFSOCtlLL SBN68g COMPLAINT INVESTIGATION REPORT COMMUNTYCARE HCENSM DAIMON 80.REMONADDRE,7TDTHECRYDR -SUITS 7100 ORANGEE, CA 02M This is an official report of an unannounced visitlnvestigation of a complaint received in our Office on 0=712009 and conducted by Evaluator Mike Valentine PUBLIC COMPLAINT CONTROL NUMBER: 19- CR- 2DD90327105641 FACILITY NAME: Newport Coast Recovery FACILITY NUMBER: Unlicensed ADMINISTRATOR: FACILITY TYPE: UNLIC ADDRESS: 1216 West Balboa Blvd. TELEPHONE: CITY: Newport Beach STATE: 21P CODE: 92661 CAPACITY: 0 CENSUS:0 DATE: 0411112009 TIME BEGAN: 01:00 PM MET WITH: Eric McCoy TIME COMPLETED: 01:40 PM 1 2 3 4 5 6 7 8 9 Facility is providing care and supervision for minors at the above address. 1 Based on investigation, there is concrete information received that facility did have 2 minors residing at their 2 facirdy and facility representatives confirmed the same. The 2 minors are no longer residing at facility as of this 3 date. 4 5 Thus above Allegation I$ Substantiated, a Notice of Operating in Violation of the Law letter was issued. 6 7 Exit interview conducted, copy of the NOV letter, LIC 811, and this report provided. 8 9 W 11 en SUPERVISOR'S NAME: Lya Johnson TELEPHONE: (951) 782 -4207 LICENSING EVALUATOR NAME: Mike Valentine TELEPHONE: (714) 2925537 UCEN /S114G EVALUATOR SIGNATURE: J/ _ DATE: 04111=09 I acknowledge receipt of this forvn and understand my appeal rights as explained and raoeived FACILITY REPRESENTATIVE NCR UP /RA 00017 DATE: 04/0112009 Control Number 19- CR- 20090327105641 DEFICIENCIES STALE OF CAUFORNIA- HEALTH AND HUMAN SERVICES AMLY CAyFORNIA DEPAMIKONT OF 3041N. SER=W COMPLAINT INVESTIGATION REPORT (Cont) COMMIMCND:UCENSWGDMMON SO. FEaWN AMM, 71c Me CRY as, Suns 1 71M Type A 04/0112009 OaaxsE, rxamee FACILITY NAME: Newport Coast Recovery DEFICIENCY INFORMATION FOR THIS PAGE: FACILITY NUMBER: Untioensed Vlsrr nATF• nem1121M Deficiency Type POC Due Dais Section Number DEFICIENCIES PLAN OF CORRECTIONS(POCs) 2 Unlicensed Opefton• This facddy was operating 1 Minora are no longer residing at 12drdy and facility Type A 04/0112009 3 Unlicensed when facnity accepted to minors under the age of 18 years old, which Is Heath 2 3. wgl not accept any residents under the age of 18 a and Safety vtoiation 4 years oN {Tart this date and after, Section Cited 8 , 80006(a)(c) 6 5 6 7 7 1 2 1 2 3 4 3 4 5 6 5 6 7 7 1 1 2 2 3 3 4 5 4 5 6 6 7 7 1 1 2 3 2 3 4 5 4 6 6 6 171 7 r elrurM w correct me ones oetwency(les), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment SUPERVISOR'S NAME: Lys Johnson LICENSING EVALUATOR NAME: Mike Valentine LICENSING EVALUATOR SIGNATURE: FACILITY REPRESENTATIVE SIGNATURE: UCAW(FAS) -PM) NCR UP /RA 00018 TELEPHONE!(961)782 -4207 TELEPHONE: (714) 2923537 DATE: 04101/2009 DATE: 04101/2009 P- 90:2x12 Attachment B to City Planning Dept. Memorandum: Staff Report for July 7, 2009 Reasonable Accommodation Hearing (Including Exhibits 1 — 6) NCR UP /RA 00019 Attachment No. HO 2 Staff Report for Reasonable Accommo- dation No. 2009 -009 Dated July 7, 2009 0114C41191 CLIVIIIIIM CITY OF NEWPORT BEACH HEARING OFFICER STAFF REPORT July 7, 2009 Agenda Item 2 TO: Thomas W. Allen, Hearing Officer SUBJECT: Newport Coast Recovery, LLC (PA2008 -104) 1216 West Balboa Boulevard ■ Reasonable Accommodation No. 2009 -009 APPLICANT: Newport Coast Recovery, LLC CONTACT: Janet Johnson Brown, Associate Planner (949) 644 -3236, lbrown4city.newoort- beach.ca.us PROJECT SUMMARY An application for Reasonable Accommodation requesting exemption from the Newport Beach Municipal Code (NBMC) to allow an existing residential care facility to operate a licensed adult alcohol and /or drug abuse recovery and treatment facility in an R -2 District, where such uses are not permitted. The applicant requests the following: 1. An exemption from the portions of NBMC Section 20.10.020 (Residential Districts: Land .Use Regulations) that require Residential Care Facilities, General to be established only in residential districts zoned Multifamily Residential (MFR) with a use permit, subject to the operational conditions recommended by City staff in the January 12, 2009 staff report for Use Permit No. 2008 -33, including a maximum occupancy of 14 residents, which was denied by the Hearing Officer; or, in the alternative. 2. An exemption from the requirements specified in NBMC Section 20.91A.050 (Development and Operational Standards), including: A waiver of the occupancy restriction of two persons per bedroom plus one staff member, and to allow a total occupancy of 18 residents; An exemption from parking requirements specified in NBMC Section 20.66.030 and to impose parking requirements that treat the residents and the visitors of the residents in the same manner as any other resident or visitor to Newport Beach, particularly those requirements that pertain to weekend visitation; Treat the use of the licensed residential care facility as a legal nonconforming use; [y :ill �l :L��I�hYTi Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 2 • Apply the California Building Code provisions that were applicable at the time the residential care facility was established as relates to life and fire safety matters; and • A waiver of the required finding specified in NBMC Section 20.91A.060 (D), relative to the compatibility of the use with the character of the surrounding neighborhood, which requires a finding that the continued use will not contribute to the changing of the residential character of the neighborhood, such as creating an overconcentration of residential care uses in the vicinity, and waiving the impact analysis contained in the Factors A through C'which the Hearing Officer must consider in making or sustaining the finding with regard to the proximity of the use to schools, churches, playgrounds, day care centers, and alcoholic beverage outlets, and the application of the American Planning Association standard of permitting one or two such uses per block. RECOMMENDATION Staff recommends 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: 1. Deny Reasonable Accommodation No. RA2009 -009, based on the findings discussed in this report; and 2. Direct staff to prepare a Resolution of Denial for review and adoption by the Hearing Officer. NCR UP /RA 00022 CYO .J Pa A a wit RIONZWKI gg 8 �v f ;;: u � r i A' {ijg5fa3.}.fc epy \. -: ai Rgp Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 3 / t i ; Hi (ggdd,, NCR UP /RA 00023 use use Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 4 INTRODUCTION Description of Project Operations The subject facility located at 1216 West Balboa Boulevard is operated by Newport Coast Recovery, LLC, and is licensed by the State of California'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. The facility's ADP license restricts treatment services to male residents. The property is owned by Hayes Properties, LLC. The Clinical Director of Newport Coast Recovery is Mr. John Felton who manages the facility. To the best of the City's knowledge, the facility owners do not operate any other similar facility in the City of Newport Beach. 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 1216 West Balboa Boulevard Bedrooms Beds/ Room Beds/ Unit Lower Level Office Unit N/A N/A Res Unit 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 = 18 Parking. The project site contains six (6) off - street parking spaces two (2) of which are located in a carport area and four (4) of which are located in a garage. However, there is a history of the garage area being used as a recreational room for residents of the facility. Use of the garage as a recreational room is a prohibited use. All garages must be available for parking. The NBMC parking requirement for residential group homes is one (1) parking space per three (3) resident beds. Staffing. In 2008, the applicant reported that eight (8) employees staff the residential facility. Five (5) of these are full -time employees. The residential facility staff includes a Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 5 clinical director, program director, case managers, therapists, administrative office staff, night managers, and night staff. Staff members do not reside on the premises. Client Stays. Typical duration for client stays is a ninety (90) day period divided into three phases. During Phase 1 j the first thirty (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 thirty (30) days of residency, and Phase 3, the final thirty (30) days of residency, clients are permitted to have their personal vehicles on -site and are permitted to leave the facility independently to attend off -site meetings or for recreational purposes. Curfew and Quiet Hours. The facility reports that it maintains a curfew hour for residents of 10:00 p.m. on weeknights and 11:00 p.m. on weekends. Facility regulations include mandatory quiet hours on the premises between the hours of 10:00 p.m. and 8:00 a.m., every day of the week. Smoking. Smoking is restricted to a designated area of 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 education counseling is conducted on weekends at the facility. Approximately three to four family members attend a two-hour group educational session at one time to learn about alcoholism and drug addiction. Family members park in either the on -site carports or in metered parking spaces on West Balboa Boulevard. The applicant contends that having family members attend "outpatient" counseling sessions is permitted by their ADP license. Transportation: A van owned and operated by Newport Coast Recovery provides transportation for residents between the off -site service facilities and Newport Coast Recovery. Van routes and schedules 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 and 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 Newport Boulevard south from the Alano Club then east on Balboa Boulevard to the facility. Approximately one to four times a week, depending on appointment times, van service is provided during the day from the facility to medical offices. 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 [y :ill �l :LwIvIvYk� Reasonable Accommodation No. 2009 -009 July 7, 2009 . Page 6 west to Newport Boulevard, then south on Newport Boulevard, and then east on Balboa Boulevard to the facility. 3. Van service is provided up to 4 times a month during the day to and from the Amen Clinic. Travel times vary depending upon appointment times. The van route follows Balboa Boulevard westerly to Newport Boulevard, north along 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 east on University Drive to the YMCA. The return route follows University Drive west to Newport Boulevard, then south on Newport Boulevard to Balboa Boulevard, and then east on Balboa Boulevard to the facility. Description of Project Setting 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 13th Street and 14th Street. A pre - school is also located in close proximity to the property site on the north side of West Balboa at 14th Street. Facilities licensed to sell or serve alcohol located within three blocks of the project site include the American Legion Hall located at 215 15th Street and Fry's market located at 115 15th 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). ADP licensed for eleven (11) residents. Received conditional use permit in December 2008. Ocean Recovery (1115 West Balboa Boulevard). ADP - licensed for 22 residents. Received conditional use permit for 18 residents in May 2009. Ocean Recovery (1217 West Bay Avenue). An ADP license is pending for this "6 and Under" facility for women who are dually - diagnosed with eating disorders and alcohol or drug dependency. This facility is exempt from City regulation per state law, NCR UP /RA 00026 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 7 BACKGROUND Newport Coast Recovery, LLC been operating the alcohol and drug treatment facility located at 1216 West Balboa Boulevard. since 2001. It holds a license from ADP to provide residential alcohol and drug recovery and treatment services for up to 29 adult males. In January 2008, the City of Newport Beach adopted Ordinance No. 2008 -05. Among other things, this ordinance amended the City's laws regulating unlicensed residential care facilities, and licensed residential care facilities with more than six residents. Under Ordinance No. 2008 -05, new licensed residential care facilities with more than six residents, and all unlicensed residential care facilities, may be located in residential districts zoned Multifamily Residential ( "MFR ").upon issuance of a use permit. With the exception of licensed residential care facilities with six or fewer residents (which may locate'in any residential zone), residential care facilities are not permitted in residential districts zoned R -1, R -1.5 or R -2 unless an exception to this restriction is shown to be reasonable, and the exception is necessary to afford disabled individuals an equal opportunity to use and enjoy a dwelling. Ordinance No. 2008 -05 also permitted residential care facilities in existence prior to the ordinance's adoption to apply for a use permit to remain at their current location. Accordingly, Newport Coast Recovery applied for a use permit to remain at its current R -2 location, at a population level of 18 adult males. On December 8, 2008, a public hearing on Newport Coast Recovery's use permit application was conducted by an independent Hearing Officer to review the status of the application and receive testimony from staff, the applicant and the public. Staff indicated that the use permit application could not be deemed complete without substantial further information requested by staff but not yet supplied by the applicant. The Hearing Officer continued the hearing to a date certain, and directed the applicant to provide such information as staff found necessary to deem the application complete. (See Attachment C- Administrative Record for copy a copy of the December 8, 2009 Staff Report) On January 12, 2009, the hearing for Newport Coast Recovery's use permit application was reopened. Staff recommended that the use permit application be granted, with conditions that staff believed would enable all findings required for granting the use permit to be made. These conditions included a reduction in the resident population to 14 beds, and certain administrative controls on secondhand smoke and offsite parking. (See Attachment C- Administrative Record for a copy of the January 12, 2009 Staff Report) After hearing testimony from City staff, the applicant and the public, the Hearing Officer determined that all findings required to approve a use permit at the subject location could not be made, and denied the use ,permit application. (See Attachment C- Administrative Record for a copy of the Resolution of Hearing Officer dated February 4, 2009) NCR UP /RA 00027 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 8 On February 11, 2009, the applicant filed an appeal of the Hearing Officer's decision with the Newport Beach City Council. On March 25, 2009, the Newport Beach City Manager's Office received a complaint from a resident of Nevada, reporting that she had enrolled her minor son as a resident client at Newport Coast Recovery at 1216 West Balboa Boulevard in Newport Beach, and was not satisfied with the treatment he was receiving or the treatment environment. She reported she had concurrently assisted in enrolling her son's friend, also a minor, at the same facility. After.being informed by City staff that Newport Coast Recovery was not authorized or licensed by either ADP or the Department of Social Services ( "DSS ") to treat minors, the complainant removed her son from Newport Coast Recovery on or about March 29, 2009. Her son's minor friend remained at the Newport Coast Recovery facility.. On March 26, 2009, City staff reported the complaint to ADP and DSS, and requested an investigation of the allegation that Newport Coast Recovery was treating minors without the required license from the Department of Social Services. On March 31, 2009, the mother of the remaining minor at Newport Coast Recovery called the Office of the City Attorney and requested assistance in locating her son. She had been told that her son had briefly left the Newport Coast facility with another resident in that resident's private vehicle, relapsed into drug use, and that Newport Coast Recovery had removed her son to a facility at an unknown location in Costa Mesa. City Attorney and City Manager staff worked with the Newport Beach and Costa Mesa Police Departments to locate the minor, who had been placed by Newport Coast Recovery staff in a sober living home for adult males in Costa Mesa.. Costa Mesa Police Department officers reported that the minor was scheduled to return to Newport ' Coast Recovery that night. However, Newport Coast Recovery staff declined to accept the minor's return, stating that they were unauthorized to treat minors. The minor's mother removed him from the Costa Mesa sober living facility on April 1, 2009. (See Attachment C- Administrative Record for a copy of the Memorandum of Dave Kiff, with police report) On April 1, 2009, DSS Complaint Officer Michael Valentine investigated the allegations and confirmed that Newport Coast Recovery had provided unlicensed care and supervision of minors at 1216 West Balboa Blvd. He issued a Notice of Operation in Violation of Law to Newport Coast Recovery for housing minors without a required license. (See Attachment A -July 7, 2009 Staff Report for Use Permit 2008 -033.) On April 7, 2009, the applicant filed an Application for Reasonable Accommodation with the Newport Beach City Attorney's Office. (Exhibit 1 attached this report.) On April 14, 2009, the Newport Beach City Council conducted a public hearing on Newport Coast Recovery's appeal of the Hearing Officer's denial of its use permit application. Because of the after- acquired evidence regarding the applicant's violations NCR UP /RA 00028 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 9 of state law, the City Council remanded the use permit application matter to the Hearing Officer for consideration of the after- acquired evidence. (Exhibit 2 - Minutes of the Newport Beach City Council Meeting, April 14, 2009) This hearing is being held concurrently with the hearing on Newport Coast Recovery's application for Reasonable Accommodation. On June 26j 2009 Assistant City Manager Dave Kiff was contacted by a former resident of Newport Coast Recovery and his father, and received a complaint and report of conditions in Newport Coast Recovery. The former resident reported that while he was a resident of the facility for five days in January 2009, supervision was lax and treatment inadequate. Examples included: • The resident was able to leave the facility in the evening and not have his absence discovered until approximately 9:00 a.m. the following day; • The resident was checked into and out of the facility by his friends during his first days in residence. In addition, the resident's father walked into the facility through an open door and roamed the building for some time attempting to locate a staff member at 1:O0 p.m.; • Although the webske states that meals would be provided at the facility, no meals were actually provided. Instead, facility residents were given a $55/week card for Albertson's grocery store; • Only approximately four or five other clients were in residence at the time, which should have made adequate supervision easier to achieve; • The resident reports his passport and car title were placed in the facility's safe but said the facility later reported the documents were lost; • The resident left the facility after five days because there was no effective treatment; he states that a Marriage Family Child Counselor provided approximately 20 minutes of counseling per day, but the rest of the day was unsupervised; • The resident's father paid $10,000 in advance, and has been unable to obtain a refund or pro-rated payment for his son's five -day stay. DISCUSSION The applicant has made two alternate requests for reasonable accommodation. Staff found the requests, as worded, to be vague and ambiguous, and requested clarification through outside counsel. (Exhibit 3 - Letter of Steven Flower to Steve Polin) Applicant's counsel declined to clarify or amend its request. (Exhibit 4 - Letter of Steve NCR UP /RA 00029 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 10 Polin to Steven Flower) Therefore, staff has done its best to interpret what it believes the applicant is requesting. (Exhibit 5 Letter of Dave Kiff to Steve Polin, and reply.) Request No. One: The applicant requests the adoption of the January 12, 2009 staff report and recommendation to conditionally grant a use permit to Newport Coast Recovery. As it is not possible to grant a use permit through the reasonable accommodation process, staff believes that in this first request, the applicant is asking for the right to continue operations at its current location, under the conditions proposed by staff in the January 12, 2009 use permit staff report. Essentially, in Request No. One, the applicant requests an exemption from the provisions of NBMC Section 20.10.020, which prohibits Residential Care, General facilities from operating in residential districts zoned R -2. Since Section 20.10.020 also requires that Residential Care, General facilities operate only under a use permit in certain residential zones, and a use permit had been denied at the time the request was made, the applicant appears also to be requesting an exemption from the use permit requirement. In this request the applicant appeared willing to accept the conditions proposed by staff in the January 12, 2009 staff report. Request No. Two: Like Request No. One, Request No. Two appears to request an exemption from the restrictions of NBMC Section 20.10.020, which requires that Residential Care, General facilities be located only in MFR zones with a use permit. However, it requests a higher resident population level (18) than it indicates it is willing to accept if Request No. One is granted (14). It also requests a waiver of certain operational standards required to receive a use permit under 20.91A.050, as well as a waiver of requirements not found in NBMC Sections 20.91A.050 or 20.10.020. The standards specified for waiver were among standards which staff felt could be met with conditions in its January 12, 2009 use permit staff report. Staff is puzzled by a dual request that first indicates the proposed conditions are acceptable to the applicant, and then requests that many of those conditions be waived. The federal Fair Housing Amendments Act (FHAA), adopted in 1988, prohibits housing discrimination based on a residents disability. Under the FHAA, it is discriminatory for I The conditions recommended in the January 12, 2009 staff report included a bed cap of no more than 14 male clients, nighttime quiet hours, and compliance with federal, state and local laws. They also included a condition that the applicant purchase three master parking permits for on street parking use, and that unless using those permits, no client or staff of Newport Coast Recovery use street parking. To address the intense demand for weekend street parking in beach areas, staff recommended another condition that weekend family counseling and education sessions be held on Sundays between 9:00 a.m. and 12:00 noon, and in the event the applicant sought familial counseling during other times of day, the applicant must provide on -site parking in a manner that does not place resident cars on the street to accommodate non - resident use of the on -sfte parking, or to shuttle family members of residents visiting for family counseling and education by facility van from a location off the Balboa Peninsula. NCR UP /RA 00030 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 11 government entities to refuse to make reasonable accommodations from rules, policies, and practices when such accommodations may be necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling (42 U.S.C. § 3604(%3)(B)). Cases interpreting the FHAA have held that a government agency has an affirmative duty to grant a requested reasonable accommodation it (1) the request is made by or on behalf of a disabled individual or individuals, (2) the accommodation is necessary to afford the disabled applicant an equal opportunity to use and enjoy dwelling, and (3) the request is reasonable. Cities may find an accommodation request unreasonable if granting the request would: (1) result in a fundamental alteration in the nature of a City program (often described as undermining "the basic purpose which the requirement seeks to achieve "), or (2) would impose undue financial or administrative burdens on the city (See U.S. v. Village of Marshall, 787 F.Supp. 872, 878 (W.D. Wisc. 1991)). Whether a requested accommodation is reasonable and necessary must be determined on a case -by -case basis. Analysis — Request No. One Ordinance No. 2008 -05 edified the procedures for requesting, reviewing and granting, conditionally granting, or denying all requests for reasonable accommodation in the City of Newport Beach. The Hearing Officer is designated to approve, conditionally approve, or deny all applications for a reasonable accommodation. The ordinance also established required findings and factors the Hearing Officer may consider when making those findings. Pursuant to Section 20.98.025(B) of the NBMC, the written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval. 1. Finding. That the requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the Fair Housing Laws. This finding can be made. The applicant submitted a statement that every resident of the facility is in recovery from alcohol and /or drug addiction. Federal regulations and case law have defined recovery from alcoholism and drug addiction as a disability, because it is a physical or mental condition that substantially impairs one or more major dairy life activities. 2. Finding. That the requested accommodation is necessary to provide one or more Individuals with a disability an equal opportunity to use and enjoy a dwelling. NCR UP /RA 00031 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 12 It is the applicant's burden to demonstrate that the requested accommodation is necessary. "The 'necessary' element requires the demonstration of a direct linkage between the proposed accommodation and the 'equal opportunity' to be provided to the handicapped person" Lapid= Laurel, LLC v. Zoning Bd. of Adjustment of the Township of Scotch Plains, 284 F.3d 442, 460 (3rd Cir. 2002). In the Lapid - Laurel case, the court found that the necessity element was established as to disabled elderly residents' need to live in a single - family residential area. The housing provider, however, requested an accommodation for a larger facility than the Township of Scotch Plain's zoning code allowed. The court found that the need for the particular accommodation requested was not demonstrated. The court said for the operator to show necessity for the requested accommodation k would have to show either: 1) the accommodation was necessary for the facility's financial viability (which the court appeared to equate with giving the disabled an equal opportunity to use and enjoy a dwelling), or 2) the requested accommodation was necessary to provide a therapeutic benefit (and thus directly ameliorate an affect of the handicap.) The court found the facility operator had not demonstrated the proposed size of the facility was necessary for either financial viability or therapeutic benefit. 284 F.3d at 460 -461. The Ninth Circuit appears to follow the same approach, requiring an applicant for reasonable accommodation to first show that the accommodation is necessary for financial viability or therapeutic benefit to residents, in order to demonstrate the necessity element of reasonable accommodation. In City of Edmonds v. Washington State Building Council, 18 F.3d 802 (9t' 1994), the court noted that a sober Irving home had made a preliminary showing of necessity because it had shown that it required six or more residents to ensure financial self - sufficiency, and to provide a supportive atmosphere for successful recovery. 183 F.3d at 803. Consistent with court decisions, the City requires that applicants for reasonable accommodation demonstrate the necessity of reasonable accommodation requests by showing therapeutic benefit to residents (also referred to as "affirmatively enhancing the quality of life" of a disabled individual or individuals), or by showing that the requested number of residents is necessary for the financial viability of the facility. As-to-current residents this finding can be made. The applicant states that individuals in recovery from alcohol or drug addiction need to maintain daily living skills closely related to those that are not addicted and that having a setting of family dwellings surrounding the facility will help maintain sober living and relapse prevention. The applicant states that the reasonable accommodation is necessary because if Newport Coast Recovery is required to cease providing residential treatment services, current residents will lose the housing of their choice. If the Hearing Officer again denies Newport Coast Recovery's use permit application on remand, and the requested accommodation is not granted, the facility will be subject to abatement. The facility NCR UP /RA 00032 Reasonable Accommodation No. 2009 -009 July 7, 2009' Page 13 currently houses residents who could be denied housing if abatement proceeds while they are still in residence at the facility. Hs io orosoective residents tnis finding cannot be made. The applicant seeks to provide housing for 14 to 18 residents in a seven -unit apartment building. Potential future residents seeking to live in a licensed recovery facility with 14 to 18 residents in an apartment building have an aftemative Ocean Recovery facility serving adult males approximately a block and a half away which has received a use permit to continue operations. In addition, another residential treatment provider, Sober Living by the Sea, operates a substantial number of licensed recovery and treatment facilities housing up to 12 residents in a duplex setting in West Newport If potential residents of Newport Coast Recovery seek a large licensed recovery environment in Newport Beach, they have an ample supply from which to choose. The City is aware of many similar existing licensed recovery facilities in which housing and treatment for 12 individuals is provided in a duplex building. All of these facilities are surrounded by family dwellings similar to those that surround Newport Coast Recovery, and can provide a similar example of and support for sobriety and daily living skills. NBMC Section 20.98.025(C) allows the City to consider the following factors in determining whether the requested accommodation is necessary to provide the disabled individual an equal opportunity to use and enjoy a dwelling: A. Whether the requested accommodation will affirmatively enhance, the quality of life of one or more individuals with a disability. The applicant states that granting the requested accommodation will ameliorate the effects of alcoholism and drug addiction and will provide the residents an opportunity to live alcohol and drug free lives. Living with other individuals, in recovery from addiction has been shown to prevent relapse in recovering clients. If the requested accommodation is granted, the applicant's current and potential clients will be able to live in an apartment building in an R -2 District with other individuals in recovery. This is a situation that can affirmatively enhance the quality of life of a person in recovery from addiction, unless overcrowding of the facility or institutionalization of the neighborhood interferes with the residents' re- integration into society. Although current residents are probably benefited ''by staying in their current recovery environment for the duration of their intended stay, the applicant has not submitted any information that would demonstrate that prospective residents of the facility will receive any greater therapeutic benefit from residing in the Newport Coast facility than in other available similar facilities. The applicant has also not demonstrated that Newport Coast Recovery offers prospective residents a more equal opportunity to use and enjoy a dwelling than other similar available facilities. Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 14 Furthermore, at Newport Coast Recovery's January 12, 2009 use permit hearing, the Hearing Officer determined that allowing more than one such facility within a calculable median block length in a nonstandard subdivision area would create an overconcentration of such uses in the neighborhood, to the detriment of the individuals in recovery at the facility. Concern about overconcentration is consistent with the position taken by the Department of Housing and Urban Development (HUD) and Department of Justice (DOJ) in their Joint Statement on Group Homes, Local Land Use and the Fair Housing Act. The HUD/DOJ Joint Statement says that, "if a neighborhood came to be composed largely of group homes, that could adversely affect individuals with disabilities and would be inconsistent with the objective of integrating persons with disabilities into the community. Especially in the licensing and regulatory process, it is appropriate to be concerned about the setting for a group home. A consideration of over - concentration could be considered in this context. This objective does not, however, justify requiring separations which have the effect of foreclosing group homes from locating in entire neighborhoods." The City has not prevented group homes from establishing in entire neighborhoods; on the contrary, the Hearing Officer has already granted use permits and reasonable accommodations to two facilities within a two -block area, and two recovery facilities have been permitted within four blocks on either side of Newport Coast Recovery. HUD and DOJ look with disfavor on laws that require a certain minimum distance between group homes. However, the City's ordinance and the Hearing Officer's determinations do not require a minimum distance between facilities. The distance between facilities, and the number of other facilities on the block, are factors the Hearing Officer shall take into account in considering whether granting a permit will result in overconcentration. B. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice, absent the accommodation. As to current residents: As stated above, the applicant requests an exception from the requirements of NBMC Section 20.10.020, to allow the 'continued operation of an existing licensed residential care facility located in an R -2 District, where the NBMC permits such uses only in an MFR District with approval of use permit. As a prohibited use, the facility is subject to abatement. The applicant seeks to continue to house 14 to 18 disabled individuals in seven units of an apartment building. The facility currently houses residents who could be denied housing if abatement proceeds white they are still in residence at the facility. As to prospective clients: Potential future residents seeking to recover from alcoholism and drug addiction by living in a large licensed recovery facility would NCR UP /RA 00034 Reasonable Accommodation No. 2009-009 July 7, 2009 Page 15 be deprived of an opportunity to live in this particular facility if the use were abated. However, potential future residents would not necessarily be deprived of an opportunity to live in a substantially similar dwelling situation (see discussion in item D below). C. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularidties of the relevant market and market participants. The applicant did not provide information or evidence demonstrating that the size or type of facility requested is necessary for the facility's financial viability. Instead, the applicant states in their application that they object to the application requirement to provide an explanation of why the requested accommodation is necessary to make the facility economically viable in light of the relevant market and market participants. When required findings allow staff to make a recommendation in favor of granting accommodations that would allow facilities to operate at a requested location, but at population level lower than the number of residents requested by the applicant, the facility operator has the opportunity to present financial and other information that demonstrate it needs a higher resident population to be financially viable. In the case of Request No. One, however, Newport Coast Recovery is not requesting a population level that is higher than that which was recommended by staff in its January 12, 2009 use permit staff report. Furthermore, because of the illegal acts of the applicant, staff is unable to make required Finding Four, below. Therefore, staff has not recommended an alternate accommodation, and has no forum for analyzing the financial viability needs of the applicant. D. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. The applicant states in their application that they object to the application requirement to provide an explanation of whether the requested accommodation is necessary to provide individuals with a disability an equal opportunity to live in a residential setting by providing evidence regarding the existing supply of facilities of a similar nature and operation in the community. The Municipal Code authorizes staff to consider other facilities that are of a "similar nature and operation." Based on ADP's most recently published list of licensed facilities (list current as of December 12, 2008) and use permits granted by the Hearing Officer, City staff has prepared a revised estimate of the number NCR UP /RA 00035 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 16 of licensed beds for alcohol and drug recovery in Newport Beach. Including the applicant's_ADP license for 29 beds, staff estimates that there are currently approximately 236 ADP - licensed treatment beds in the City, many of which are located in duplex and apartment units on the Balboa Peninsula and in West Newport. Without the applicant's 29 beds, there are still 207 licensed recovery beds in Newport Beach. Like Newport Coast Recovery, the majority of these facilities are located near the beach in residential districts zoned R -2. Operators of other residential alcohol and drug recovery facilities within the City have reported a substantial number of vacant beds which could provide potential Newport Coast Recovery clients with an equal opportunity to live in an alcohol and drug recovery facility in Newport Beach without the requested accommodation. A denial of the reasonable accommodation would not deprive prospective residents of the opportunity of live in a residential setting in Newport Beach. 3. Finding: That the requested accommodation will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in Fair Housing Laws and interpretive case law. With regard to current residents this finding can be made. Allowing the facility to remain at its current location for a period of time that allows current residents to complete their intended stay would not impose a financial or administrative burden on the City that is undue'in relation to requiring disabled residents to leave their present housing. With regard to prospective residents this finding cannot be made Because of the recent questionable acts of the applicant, staff in several City departments has had to spend substantial time assisting complainants and, in one case, locate the minor entrusted to Newport Coast Recovery's care. Staff is concerned that if the operation of the facility is allowed to continue as it is currently structured, the City would continue receiving complaints related to the management of the facility and would need to continue monitoring the facility's operations to prevent repetition of the operator's past violations. Monitoring, investigation, and potential prosecution of complaints or violations by the City would impose an undue financial burden on the City due to the cost associated with such monitoring, investigations, and potential prosecution of any substantiated complaints addressed by the City's Police Department, Code Enforcement Division and legal counsel. Therefore, staff finds that granting the requested accommodation would impose an undue financial or administrative burden on the City. 4. Finding: That the requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in Fair Housing Laws and interpretive case law. [y :ill gl :L��I�hI<i�i Reasonable Accommodation No. 2009-009 July 7, 2009 Page 17 As to current residents, this finding can be made. Most recovery facilities dealing with the City have reported an average length of resident stay of 30 to 90 days. Because of potential hardship to current residents of Newport Coast Recovery's treatment program, staff finds that allowing current residents in treatment to remain at the facility for the remainder of their intended stay will not result in a fundamental alteration in the nature of the City's zoning program. As to prospective residents this finding cannot be made As discussed above, the original'staff recommendation was to grant the applicant the right to continue the use under the conditions that the applicant requests in Request No. One. Were it not for the applicants subsequent verified violation of state law, staff would be able to make the required findings and would recommend granting Request No. One, consistent with its January 12, 2009 recommendation and findings. However, in March 2009, while its appeal before the City Council was still pending, the applicant violated state law by accepting minor clients without a DSS license or the ADP adolescent waiver required to provide residential treatment, care and supervision to minors. When asked to explain, a member of the applicant's staff told a DSS complaint officer that the facility owner had gotten a waiver from ADP to treat minors. ADP later confirmed via email on April 3, 2009 that it had not granted an adolescent treatment waiver to Newport Coast Recovery. (Exhibit 6; email from Joan Robbins, ADP, to Dave Kiff.) In addition to the violations of state law, it appears the supervision of resident clients provided by Newport Coast Recovery is currently inadequate to protect facility residents. The supervision provided to a 17- year -old minor resident was so nominal that the minor was able to leave the facility at night and obtain his drug of choice within approximately one week of arrival at Newport Coast Recovery. Another complainant, a former resident of Newport Coast Recovery, reported to City staff on June 26, 2009 that while he was a resident of the facility for five days in January 2009, supervision was lax and treatment inadequate. Speck examples are listed in the Background section, above. They included allegations of unsupervised residents; the complainant was able to leave the facility in the evening and not have his absence discovered until approximately 9:00 AM the following day, and his father was able to enter the building and walk through without encountering staff or any type of controlled entrance. The resident was checked in and out of the facility by his friends within his first days in residence, presumably a sensitive time in recovery. In addition, the complainant states that treatment services provided to clients were not as represented. Although the website stated that meals would be provided, they were not. Residents were provided with an Albertson's food card worth $55 for a week's groceries, and prepared their own meals. The resident left the facility after five days because there was no effective treatment; he states that a Marriage Family Child Counselor provided approximately 20 minutes of counseling per day, but the rest of the NCR UP /RA 00037 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 18 day was unsupervised. For these services, the resident's father paid $10,000 in advance, and has been unable to obtain a refund or a pro -rated charge for his son's five -day stay. Staff finds this information extremely troubling, and believes it calls into question the applicant's past representations to the City and City staff and reflects poorly on the applicant's ability to provide a quality treatment program of the current size and type. Staff is also uncomfortable recommending the continued operation of a facility that violated state law and moved a minor with a sensitive medical condition to an unlicensed facility without access to detox facilities, without the means to return home, and without first informing his parents or the relative who placed him in the facility. In addition, the applicant's violations of state law change staffs recommendations because one of the required findings of NBMC Section 20.91A.060 can no longer be made. When an applicant requests an exemption from the requirements of NBMC Section 20.10.020, staff analyzes whether granting the requested accommodation would undermine the basic purposes the R -2 zoning district was put in place to achieve, and the purposes the use permit requirements were put in place to achieve. Accordingly, staff will analyze these purposes in relation to Newport Coast Recovery's request. Zoning District Considerations: NBMC Section 20.10.010 sets forth the basic purposes for establishing zoning districts which include locating residential development in areas which are consistent with the General Plan and with standards of public health and safety established by the Municipal Code, ensuring adequate light, air and privacy for each dwelling, protecting residents from the harmful effects of excessive noise, population density, traffic congestion and other adverse environmental effects, and providing public services and facilities to accommodate planned population and densities. The specific purpose of Section 20.10.010 of the NBMC for the R -2 District is that the district "provides areas for single - family and two - family residential land uses." Section 20.10.020 of the NBMC establishes those uses that are permitted, conditionally permitted, and prohibited within the R -2 District. In accordance with Section 20.10.020 . of the NBMC, Residential Care Facilities, General are not permitted in the R -2 District and are only permitted in the MFR District subject to approval of a use permit. In the January 12, 2009 staff report, staff found that limiting Newport Coast Recovery's capacity to 14 beds would result in a level of population density that was equivalent to a typical multi - family building occupancy of two persons per unit, and would be more consistent with the residential character of the neighborhood. Use Permit Considerations: Ordinance No. 2008 -05 places regulations on all groups not living as either a single housekeeping unit or a designated "Residential Care Facilities, Small Licensed" in residential districts. The basic purpose of these NCR UP /RA 00038 Reasonable Accommodation No. 2009-009 July 7, 2009 Page 19 regulations is to ensure: (1) the fundamental purposes of the Zoning Code can be achieved;, (2) that the adverse secondary impacts created by group residential uses not living as a single housekeeping unit can be mitigated, and; (3) that the adverse secondary impacts that "Residential Care Facilities, General" and "Residential Care Facilities, Small Unlicensed" may have on the surrounding neighborhood can be mitigated. To accommodate the needs of the disabled for housing opportunities, Ordinance No. 2008 -05 provides that non - conforming residential care facilities located in residential districts may be allowed to continue operating subject to approval of either a use permit or a request for reasonable accommodation. The NBMC requires use permits for use classifications typically having operating characteristics that require special consideration, so that they may be located and operated compatibly with uses on adjoining properties and in the surrounding area. NBMC Section 20.91A.010 sets forth the purposes for requiring use permits in residential districts. The first stated purpose is: ...to promote the public health, safety, and welfare and to implement the goals and policies of the Newport Beach General Plan by ensuring that conditional uses in residential neighborhoods do not change the character of such neighborhoods as primarily residential communities. The second stated purpose is: . to protect and implement the recovery and residential integration of the disabled, including those receiving treatment and counseling in connection with dependency recovery. In doing so, the City seeks to avoid the overconcentration of residential care facilities so that such facilities are reasonably dispersed throughout the community and are not congregated or over - concentrated in any particular area so as to institutionalize that area. Staff believes that given the state law violations and facility resident reports of inadequate supervision and treatment programs provided by the applicant, allowing the applicant to continue operating at its current location would undermine one of the basic purposes the use permit requirement was put in place to achieve. Waiving the use permit requirement will not protect and implement the recovery and residential integration of the disabled who are seeking treatment and counseling from chemical dependency. Specifically, staff determined that the use did not conform to all applicable provisions of Section 20.91A.050, (Development and Operational Standards), and in particular, Section 20.91A.050 (h), as discussed below. (h) No owner or manager shall have any demonstrated pattern of operating similar facilities in violation of the law. As discussed earlier in this report, the applicant violated California Health and Safety Code Section 1508 when it accepted minor residents for treatment in March 2009. A NCR UP /RA 00039 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 20 license from the Department of Social Services (DSS) and a waiver from the California Department of Alcohol and Drug Programs (ADP) is required to provide care, supervision and treatment to minors, and Newport Coast Recovery had not applied for or received either the license or the waiver. Due to the applicant's documented violation of state law and inability to effectively supervise the residents, staff believes granting a use permit, or the waiver of a use permit, that allows the facility to continue its current operation would fundamentally alter one of the purposes for requiring use permits for uses in residential districts, which is to protect and implement the recovery and residential integration of the disabled. NBMC Section 20.91.035(A)(2) requires that the Hearing Officer find that the proposed location of the use seeking a use permit and the proposed conditions under which lt will be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located, and that it 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 general welfare of the city. The General Plan requires that residential care facilities be regulated to the maximum extent allowed by state and federal law. Staff finds that overlooking the recent violations of Newport Coast Recovery and waiving the use permit requirement is not consistent with the provisions of the General Plan. Furthermore, staff finds that with the inadequate resident supervision reported by former residents and neighbors of the facility, waiving the use permit requirement and recommending that Newport Coast Recovery continue operations with 14 to 18 residents would prove detrimental to the health, safety, peace, morals and comfort of the persons residing in and near the facility. Pursuant to Section 20.98.025(D) of the NBMC, the City may also consider the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program: A. Whether the requested accommodation would fundamentally alter the character of the neighborhood. Staff analyzed whether granting a use permit to Newport Coast Recovery would fundamentally after the character of the neighborhood in its January 12, 2009 staff report. The Hearing Officer determined that more than one facility per block could result in an overconcentration of residential care facilities, and noted the operator's inability to adequately control and supervise the facility's residents in a manner that allows the neighbors to have quiet enjoyment of their properties would fundamentally alter the character of the neighborhood. B. Whether the accommodation would result in a substantial increase in traffic or insufficient parking. [y :ill �l :L�►hI►i3 �C Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 21 Staff analyzed whether Newport Coast Recovery had sufficient on -site parking for the use and whether traffic and transportation impacts had been mitigated to a level of insignificance in its January 12, 2009 staff report. Staffs analysis has not changed in this area. C. Whether granting the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable Specific Plan. General Plan Policy LU 6.2.7 requires the City to regulate day care and residential care facilities to the maximum extent allowed by federal and state law to minimize impacts on residential neighborhoods. The City adopted Ordinance No. 2008-05 to implement General Plan Policy LU 6.2.7. Under the conditions described in the Finding 4 analysis above, staff believes granting the requested accommodation would substantially undermine an express purpose of the General Plan. D. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. Staff analyzed whether granting a use permit to Newport Coast Recovery would fundamentally alter the character of the neighborhood by creating an overconcentration of residential care facilities in its January 12, 2009 staff'report. With the exception of noting that the Hearing Officer determined that more than one facility per block could result in an overconcentration of residential care facilities which could create an institutionalized environment, staffs analysis has not changed. 5. Finding; That the requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other ind/viduals or substantial physical damage to the property of others. This finding can be made. A request for reasonable accommodation may be denied if granting it would pose "a direct threat to the health or safety of other individuals or result in substantial physical damage to the property of others," See 42 U.S.C. § 3604(f)(9). This is a very limited exception and can only be used when, based on the specific facts of a situation, a requested accommodation results in a significant and particularized threat. Federal cases interpreting this exception in the FHAA indicate that requested accommodations cannot be denied due to generalized fears of the risks posed by disabled persons. However, staff makes this finding with reservations, given the lack of supervision the facility appears to have been providing for its disabled residents during recent months. NCR UP /RA 00041 Reasonable Accommodation No. 2009 -009 July 7,2009 Page 22 SUMMARY In accordance with the provisions of Section 20.98.025 of the NBMC, all five findings must be made in order for the Hearing Officer to approve a request for Reasonable Accommodation. As to current residents, all five findings can be made. As to prospective residents. Findings Two, Three and Four cannot be made. Therefore, staff recommends that the Hearing Officer deny Request No. One of Reasonable Accommodation No. 2009 -09, and direct staff to prepare a Resolution of Denial, which includes a condition permitting current residents residing in Newport Coast Recovery under a contract to receive treatment services to remain until they choose to leave, or until their original intended stay is complete, whichever occurs first. Analysis — Reauest No. Two If Request No. One is not granted, Newport Coast Recovery seeks a waiver of the following terms and conditions which it states are required by Newport Beach Municipal Code Section 20.91A.050. 1) waiver of occupancy restrictions of two persons per bedroom plus one staff member, and an accommodation of 18 residents; 2) an exemption from parking requirements specified in NBMC Section 20.66.030 and to treat the residents and the visitors of the residents in the same manner as any other resident or visitor to Newport Beach, particularly those requirements that pertain to weekend visitation; 3) treatment of Newport Coast Recovery as a legal nonconforming use and application of any California Building Code provisions that were applicable prior to 2008, since the facility was established prior to 2008; 4) waiver of factors to be considered under NBMC Subsection 20.91A.060(D), phrased by the applicant as "waiver of any'overconcentration requirements' that is being applied via the American Planning Association guide for Community Residential Facilities;" waiver of any requirements that require an impact analysis of proximity of Newport Coast Recovery to schools, churches, playgrounds and day care centers; and waiver of any requirements that require an impact analysis of the proximity of Newport Coast Recovery to establishments that sell alcoholic beverages. 2 As a threshold matter, the hearing Officer should note that even if they were granted, none of the separately listed accommodations included as part of Request No. Two would be sufficient in and of themselves to allow the applicant to continue operating at 2 The applicant misstates the source for some of the requirements, and incorrectly identifies some factors which the Municipal Code establishes as factors to be considered, rather than actual requirements. By listing the requested accommodations as the applicant phrased them, or paraphrasing applicant's requests, staff does not intend to represent that factors which NMBC Section 20.91A.060(D) says shall be considered by the Hearing Officer when considering compatibility with the surrounding neighborhood are requirements in and of themselves. NCR UP /RA 00042 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 23 its present location If the City does not also waive the use permit requirement for nonconforming uses in residential districts. For example, it would not matter if the City granted a waiver of the applicable parking standards if the use permit requirement were not also waived. The applicant would still need a use permit, unless it also obtains a reasonable accommodation from that requirement as well. Staff therefore construes Request No. Two as impliedly containing a request to waive the use permit requirement in addition to the separately listed accommodations it expressly contains. It should also be noted that two aspects of Request No. Two do not state cognizable reasonable accommodations claims because they are fundamentally at odds with the required legal analysis applicable to reasonable accommodation requests. The applicant has requested that the City waive any consideration of: (1) whether the facility would contribute to an overooncentration of similar facilities; (2) whether the facility's location would be contrary to the APA recommended standard of permitting only one or two such uses per block; and (3) the proximity of the facility to schools, churches, parks, and outlets for alcoholic beverages. The considerations to -which the applicant is referring are not prohibitions or standards that stand as absolute bars to granting a use permit for a group home. Rather they are factors taken into consideration when determining in the context of a use permit hearing whether the proposed use would be compatible with surrounding uses. More importantly, in the context of a reasonable accommodation request, these factors go directly towards whether a requested accommodation for a residential care facility is reasonable. Courts have recognized that the presence of too many, group homes in a residential neighborhood can potentially undermine the very purpose of such a district and therefore be unreasonable. For example, in United States. v. City of Chicago Heights, 161 F.Supp.2d 819, 837 (N.D.III.2001), the District Court stated: 'There may be situations in which the distance between the homes is so little, where there is already more than one group home within 1000 feet, or where the homes are so similar in nature or operation, under which a request for a special use permit would fundamentally alter the City's purpose of avoiding clustering and preserving the residential character of certain neighborhoods." Such considerations go directly to whether granting an accommodation for a group home is reasonable under the circumstances and therefore cannot be waived as part of a distinct accommodations request. Ordinance No. 2008-05 codified the procedures for requesting, reviewing and granting, conditionally granting, or denying all requests for reasonable accommodation in the City of Newport Beach. The Hearing Officer is designated to approve, conditionally approve, or deny all applications for a reasonable accommodation. The ordinance also established required findings, and factors the Hearing Officer may consider when making those findings. NCR UP /RA 00043 Reasonable Accommodation No. 2009-009 July 7, 2009 Page 24 Pursuant to Section 20.98.025(6) of the NBMC, the written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval, 1. Finding. That the requested accommodation is requested by or on the behalf of one or more individuals with-a disability protected under the Fair Housing Laws. This finding can be made. The applicant submitted a statement that every resident of the facility is in recovery from alcohol and /or drug addiction. Federal regulations and case law have defined recovery from alcoholism and drug addiction as a disability, because it is a physical or mental condition that substantially impairs one or more major daily life activities. 2. Finding. That the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. Occupancy Restriction Waiver: This finding cannot be made. NBMC Section 20.91A.050(C)(2) sets a development and operational standard that requires no more than two residents per bedroom plus one additional resident. The Newport Coast Recovery facility is housed in a seven -unit apartment building. Even if subtracting the bedrooms used for office rather than residential functions, the Newport Coast Recovery facility still provides nine bedrooms. Under the standards of NBMC 20.91A.050(C)(2), this would set the maximum number of residents that a use permit could allow without additional accommodation at 19. Newport Coast Recovery requests a maximum of 18 residents. Therefore, this requested accommodation is not necessary to provide an equal opportunity for disabled residents to reside at Newport Coast Recovery, and will not be analyzed further. Accommodation of 18 Residents. It is the applicant's burden to demonstrate that the requested accommodation is necessary. "The 'necessary' element requires the demonstration of a direct linkage between the proposed accommodation and the 'equal opportunity' to be provided to the handicapped person." Lapid- Laurel, LLC v. Zoning Bd. of Adjustment of the Township of Scotch Plains, 284 F,3d 442,460 (3rd Cir. 2002) Staff originally recommended an occupancy limit of 14 residents, to keep the facility at a size staff believed at the time Newport Coast Recovery could appropriately supervise and control. In Request No. Two, the applicant requests an accommodation of 18 residents. In order to demonstrate necessity for an increased number of residents, the applicant would need to provide evidence showing that: 1) the accommodation is necessary for the facility's financial viability (which courts appear to equate with giving the disabled an equal opportunity to use and enjoy a dwelling), or 2) the requested NCR UP /RA 00044 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 25 accommodation is necessary to provide a therapeutic benefit (and thus directly ameliorate an effect of the handicap.) (For full analysis of this issue, see the analysis for Request No. One, Finding Two, above.) The applicant has not provided evidence to support either argument. As to current residents this finding can be made. The applicant states that individuals in recovery from alcohol or drug addiction need to maintain daily living skills closely related to those that are not addicted and that having a setting of family dwellings surrounding the facility will help maintain sober living and relapse prevention. The applicant states that the reasonable accommodation is necessary because if Newport Coast Recovery is required to cease providing residential treatment services, current residents will lose the housing of their choice. If the Hearing Officer again denies Newport Coast Recovery's use permit application on remand, and the requested accommodation is not granted, the facility will be subject to abatement. The facility currently houses residents who could be denied housing if abatement proceeds while they are still in residence at the facility. As to prospective residents this findina cannot be made. The applicant seeks to provide housing for 14 to 18 residents in a seven -unit apartment building. The applicant has provided no information or evidence that suggests Newport Coast Recovery requires 18 residents in order to be financially viable. Potential future residents seeking to live in a licensed recovery facility with 14 to 18 residents in an apartment building have an alternative Ocean Recovery facility serving adult males approximately a block and a half away which has received a use permit to continue operations. In addition, another residential treatment provider, Sober Living by the Sea, operates a substantial number of licensed recovery and treatment facilities housing up to 12 residents in a duplex setting in West Newport. If potential residents of Newport Coast Recovery seek a large licensed recovery environment in Newport Beach, they have an ample supply from which to choose. The City is aware of many similar existing licensed recovery facilities in which housing and treatment for 12 individuals is provided in a duplex building. All of these facilities are surrounded by family dwellings similar to those that surround Newport Coast Recovery, and can provide a similar example of and support for sobriety and daily living skills. rarKmq rceaurrements and Visitor Parkina Restriction Waivers: This finding cannot be made. The applicant's request to be subject to residential parking standards rather than the parking standards applicable to group homes is not necessary with respect to either current or prospective residents. At the maximum requested resident occupancy of 18 residents, the facility already meets off - street parking requirements established by NBMC Section 20.66.030 for Residential Care Facilities, General. Section 20.66.030 requires one off - street parking spot for every three resident beds. Newport Coast Recovery has the six off -street parking spaces required for 18 resident beds. However, given the history of the garage area as being used for non- parking purposes, the conditions staff proposed on January 12, 2009 recommending that any use permit granted be conditioned on the applicant maintaining the garage area solely for the NCR UP /RA 00045 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 26 purpose of parking vehicles were entirely reasonable. Staff recommends that any accommodation granted to Newport Coast Recovery include a similar condition. The applicant's request that the Hearing Officer impose no restrictions on visitor parking is also not necessary. Restrictions on visitor parking were originally proposed by staff in conjunction with the applicant's use permit application. The applicant has stated that . family members of residents attend a two -hour group educational session to learn about alcoholism and drug addiction. Family members currently park their cars either in the on -site carports which are part of the off - street parking required for residential care facilities under the NBMC, or in metered and unmetered spaces on West Balboa Boulevard. As the proposed conditions were ad hoc conditions on a permit that has not yet been granted, it is doubtful whether this request states a legally distinct reasonable accommodation request. Moreover, the applicant has made no showing that the conditions placed on visitor parking would prevent family members from attending educational sessions at the facility. It has also made no argument or showing that a waiver of the proposed visitor parking conditions in any way hindered the applicant's ability to provide housing and related services to the disabled. Thus, there has been no showing that the requested accommodation is necessary. At most, the applicant has indicated it finds the conditions potentially inconvenient. I.aassmcation of Newport Goast Recovery as a teaal nonconforming use: This findina cannot be made. The City has always treated Newport Coast Recovery as a legal nonconforming use in the past, and continues to treat Newport Coast Recovery as a legal nonconforming use under NBMC Section 20.91A.020. Any use in a residential district that was rendered nonconforming by the adoption of Ordinance No. 2008 -05 could seek the issuance of a use permit during a certain period of time following the ordinance's effective date. As a use in a residential district rendered nonconforming by the passage of Ordinance No. 2008 -05, Newport Coast Recovery was eligible to, and did, apply for a use permit to continue operating at its current location. Staff has processed Newport Coast Recovery's use permit application as it has processed all other applications for permits to continue existing nonconforming uses in residential areas. Therefore, the requested accommodation is not necessary to afford disabled individuals an equal opportunity to use and enjoy a dwelling. By this request, applicant may be attempting to request a waiver from the application of any conditions imposed by Ordinance No. 2008-05. Besides being inconsistent with the provisions of the NBMC in relation to nonconforming uses in residential districts, this also is not necessary to afford disabled residents an equal opportunity to use and enjoy a dwelling. Disabled individuals do not need such a broad waiver to be able to use and enjoy a dwelling within the City. The appropriate conditions which a use permit or reasonable accommodation can impose are intended to mitigate negative secondary impacts on surrounding residences, but do not prevent disabled individuals from residing in the facility or receiving the services their disability requires in order to remain at the facility and maintain their sobriety. NCR UP /RA 00046 Reasonable Accommodation No. 2009-009 July 7, 2009- Page 27 made. It is standard procedure, and a requirement of the California Building Code, that when the use of a structure changes from one occupancy type to another, the new occupancy can establish only if the structure can be made to conform to the current Building Code requirements for the new occupancy type. If subsequent code changes create different requirements for that occupancy type, the occupant may choose to make changes to comply with those code requirements, but is not required to do so. The use of the structure at 1216 West Balboa Boulevard changed in 1997 from an apartment building occupancy to a residential care facility occupancy with more than six residents. The correct version of the California Building Code to apply would be the 1994 California Building Code. In some areas (such as restrictions on openings in walls less than five feet from the property line) the 2008 Building Code is more permissive than earlier codes. Because the 2008 Building Code supplies alternate and equally effective life safety protection provisions, the Newport Beach Fire Marshal is willing to apply the 2008 Building Code rather than the code in effect at the year a facility established. However, this is not a requirement. Therefore, the requested accommodation is not necessary, and will not be analyzed further. outlets: This finding cannot be made. The applicant has requested that the City waive any consideration of (1) whether the facility would contribute to an overconcentration of similar facilities in the neighborhood; (2) whether the facility's location would be contrary to the APR's recommended standard of permitting only one or two such uses per block; and (3) the proximity of the facility to schools, churches, parks, and outlets for alcoholic beverages. As noted above, the considerations to which the applicant is referring are not prohibitions or standards that standaas absolute bars to granting a use permit fora group home. Rather they are factors taken into consideration when determining in the context of a use permit hearing whether the proposed use would be compatible with surrounding uses. In analyzing overconcentration factors, and proximity to schools, parks and alcoholic beverage outlets in a reasonable accommodation setting, staff considers whether a waiver of considering those factors is necessary in order to afford disabled individuals an equal opportunity to use and enjoy a dwelling. In other words, staff considers whether, but for the specific factors named by the applicant, disabled individuals would be given an opportunity to reside at Newport Coast Recovery or another similar facility. All three factors were considered at the January 12, 2009 use permit hearing by the Hearing Officer, who cited overconcentration and proximity to schools and alcoholic beverage outlets among his reasons for denying the applicant's use permit. Therefore, NCR UP /RA 00047 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 28 the applicant may believe that a waiver of these considerations alone would result in a grant of a use permit or reasonable accommodation. However, other facts were also considered by the Hearing Officer, including evidence of persistently disruptive resident behavior, impacts of facility vans, and impacts of secondhand smoke. Some of the impacts of the latter category could be controlled with appropriate conditions. However, reports of continued disruptive conduct on the part of Newport Coast Recovery's facility residents presented evidence of impacts on neighbors that were not consistent with stated purposes of NBMC Chapter 20.91A - to protect public health, safety and welfare. Staff proposed a reduced occupancy of 14 to allow greater supervision of residents, but the evidence presented at the January 12, 2009 hearing led the Hearing Officer to conclude that Newport Coast Recovery could not adequately control and supervise its facility in a manner that allows neighbors to have quiet enjoyment of their properties. Staff finds that evidence presented after the January 12, 2009 hearing to City staff by former facility residents and /or their parents has confirmed this conclusion. The result for Newport Coast Recovery is that even if the factors which NBMC Section 20.91A.060(D) directs the Hearing Officer to consider are not considered, the findings necessary for a use permit still cannot be made. Therefore, the requested waiver is not necessary to provide disabled individuals with an equal opportunity to use and enjoy a dwelling. NBMC Section 20.98.025(C) allows the City to consider the following factors in determining whether the requested accommodation is necessary to provide the disabled individual an equal opportunity to use and enjoy a dwelling: A. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. Waiver of occupancy restrictions — As the occupancy restrictions pose no barrier to the applicant's ability to house up to 18 residents at the facility, granting the accommodation would not affirmatively enhance the quality of life of an individual with a disability. Resident occupancy of 18 residents — As discussed above, there are a number of alternate similar housing opportunities for disabled individuals living in a large licensed recovery facility setting, some in the immediate neighborhood of Newport Coast Recovery. Granting the requested accommodation so that potential residents can live in this facility rather than any of the altemate facilities will not affirmatively enhance the quality of life of an individual with a disability. rarKina requirements and visitor parking conditions — As the parking requirements pose no barrier to the applicant's ability to house up to 18 residents at the facility, and applicant has not demonstrated that imposing visitor parking restrictions will prevent residents from receiving a therapeutic benefit, granting NCR UP /RA 00048 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 29 the accommodation would not affirmatively enhance the quality of life of an individual with a disability. outlets — As stated above, other factors, such as reports of continued disruptive conduct on the part of the Newport Coast Recovery facility s residents presented evidence of impacts on neighbors that were not consistent with stated purposes of NBMC Chapter 20.91A - to protect public health, safety and welfare. The result for Newport Coast Recovery is that even if the factors which NBMC Section 20.91A.060(C) directs the Hearing Officer to consider in analyzing whether the use will be compatible with the character of the surrounding neighborhood are not considered, the findings necessary for a use permit or reasonable accommodation cannot be met. Therefore, the requested waiver would not produce the result desired by the applicant, and would not affirmatively enhance the quality of life of an individual with a disability. B. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing We of their choice absent the accommodation. Waiver of occupancy restrictions - as the occupancy restrictions pose no barrier to the applicant's ability to house up to 18 residents at the facility, no individual with a disability will be denied an equal opportunity to use and enjoy the housing type of their choice absent the accommodation. Resident occupancy of 18 residents - as discussed above, there are a number of alternate similar housing opportunities for disabled individuals living in a large licensed recovery facility setting, some in the immediate neighborhood of Newport Coast Recovery. Individuals with disabilities will not be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. Parking requirements, visitor narking conditions --as the parking requirements pose no barrier to the applicant's ability to house up to 18 residents at the facility, and applicant has not demonstrated that imposing visitor parking restrictions will prevent residents from enjoying the housing type of their choice absent the accommodation, staff finds that individuals with disabilities will not be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. Waiver of factors to consider under NBMC Subsection 20.91 060fD1— proximity of use to schools, parks, other residential care facilities and alcoholic beverage outlets — As stated above, other factors, such as reports of continued disruptive conduct on the part of Newport Coast facility residents presented evidence of impacts on neighbors that were not consistent with stated purposes of NBMC NCR UP /RA 00049 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 30 Chapter 20.91A - to promote public health, safety and welfare. The result for Newport Coast Recovery is that even if the factors which NBMC Section 20.91A.060(D) directs the Hearing Officer to consider are not considered, the findings necessary for a use permit or reasonable accommodation cannot be met. Therefore, individuals with disabilities will not be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. C. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants. The applicant did not provide information or evidence demonstrating that the size or type of facility requested is necessary for the facility's financial viability. Instead, the applicant states in their application that they object to the application requirement to provide an explanation of why the requested accommodation is necessary to make the facility economically viable in light of the relevant market and market participants. When required findings allow staff to make a recommendation in favor of granting accommodations that would allow facilities to operate at a requested location, but at a population level lower than the number of residents requested by the applicant, the facility operator has the opportunity to present financial and other information that demonstrates it needs a higher resident population to be financially viable. In the case of Request No. Two, Newport Coast Recovery is requesting a population level that is higher than that which was recommended by staff in its January 12, 2009 use permit staff report. The applicant declines to provide information about its need for more residents for financial viability reasons, and thus has not carried its burden to demonstrate necessity at the higher occupancy level. Furthermore, because of the violations of state law of the applicant, staff is unable to make required Finding Four, below. Therefore, staff has not recommended an alternate accommodation, and has no forum for analyzing the financial viability needs of the applicant. The applicant did not present evidence that any of the other accommodations requested in Request No. Two were necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants. D. In the case of a residential care facifity, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. NCR UP /RA 00050 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 31 The applicant states in their application that they object to the application requirement to provide an explanation of whether the requested accommodation is necessary to provide individuals with a disability an equal opportunity to live in a residential setting by providing evidence regarding the existing supply of facilities of a similar nature and operation in the community. The Municipal Code authorizes staff to consider other facilities that are of a "similar nature and operation." Based on ADP's most recently published list of licensed facilities (list current as of December 12, 2008) and use permits granted by the Hearing Officer, City staff has prepared a revised estimate of the number of licensed beds for alcohol and drug recovery in Newport Beach. 'Including the applicant's ADP license for 29 beds, staff estimates that there are currently approximately 236 ADP - licensed treatment beds in the City, many of which are located in duplex and apartment units on the Balboa Peninsula and West Newport. Without the applicant's 29 beds, there are still 207 licensed recovery beds in Newport Beach, Like Newport Coast Recovery, the majority of these facilities are located near the beach in residential districts zoned R -2. Operators of other residential alcohol and drug recovery facilities within the City have reported a substantial number of vacant beds, which could provide potential Newport Coast Recovery clients with an equal opportunity to live in an alcohol and drug recovery facility in Newport Beach without the requested accommodation. A denial of the reasonable accommodation would not deprive prospective residents of the opportunity of live in a residential setting in Newport Beach. 3. Finding. That the requested accommodation will not impose an undue Financial or administrative burden on the City as "undue Fnancial or administrative burden" is defined in Fair Housing Laws and interpretive case law. Vtilith regard to current residents, this finding can be made. Allowing the facility to remain at its current location for a period of time that allows current residents to complete their intended stay would not impose a financial or administrative burden on the City that is undue in relation to requiring disabled residents to leave their present housing. With regard to Prospective residents this finding cannot be made. Because of the recent questionable acts of the applicant, staff in several City departments has had to spend substantial time assisting complainants and, in one case, locate the minor entrusted to Newport Coast Recovery's care. Staff is concerned that if the operation of the facility is allowed to continue as it is currently structured, the City would continue receiving complaints related to the management of the facility and would need to continue monitoring the facility's operations to prevent repetition of the operator's past violations. Monitoring, investigation, and potential prosecution of complaints or violations by the City would impose an undue financial burden on the City due to the ►1 y Z411:11 CLV I I I I I I •i Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 32 cost associated with such monitoring, investigations, and potential prosecution of any substantiated complaints addressed by the City's Police Department, Code Enforcement Division and legal counsel. Therefore, staff finds that granting the requested accommodation would impose an undue financial or administrative burden on the City. 4. Finding. That the requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined In Fair Housing Laws and Interpretive case law. This finding cannot be made. Staff recommended granting Request No. One as to current residents; because most recovery facilities dealing with the City have reported an average length of resident stay of 30 to 90 days. Because of potential hardship to current residents of Newport Coast Recovery's treatment program, staff found that allowing current residents in treatment to remain at the facility for the remainder of their intended stay under the conditions incorporated in Request No. One would not result in a fundamental alteration in the nature of the City's zoning program. However, Request No. Two asks for a number of waivers which, if granted, would create a fundamental alteration in the City's zoning program. In addition, as discussed above, the original staff recommendation on January 12, 2009 was to grant the applicant the right to continue the use under the conditions that the applicant requests in Request No. One. Were it not for the applicant's subsequent verified violation of state law, staff would be able to make the required findings and would recommend granting Request No. One, consistent with its January 12, 2009 recommendation and findings. Because of the applicant's violations of state law, staff is similarly unable to recommend granting Request No. Two, which would require an even higher occupancy limit and fewer controls on secondary impacts. Staff incorporates by reference the discussion of Finding Four in the analysis of Request No. One, above, and finds that it applies to Request No. Two as well. Waiver of occupancy restrictions — As granting this request is not necessary to afford the maximum requested number of residents the opportunity to use and enjoy the dwelling, unless requested by the Hearing Officer, staff will not engage in an extensive analysis of whether granting the request would result in a fundamental alteration in the nature of the City's zoning program. Staff notes, however, that reasonable accommodation procedures of NBMC Chapter 20.98 were put in place to provide reasonable accommodations in the City's zoning and land use regulations, policies and practices when needed to provide an individual with a disability an equal ,opportunity to use and enjoy a dwelling. (See NBMC Section 20.98.010, italics added.) They were not put in place to provide accommodations that are not needed to provide individuals with disabilities an equal opportunity to use and enjoy a dwelling. Therefore, staff contends that granting this accommodation to an NCR UP /RA 00052 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 33 applicant who does not need the accommodation to be able to house the maximum number of occupants it has requested would undermine the basic purpose the reasonable accommodation chapter was put in place to achieve. rancrng requirements ang visitor parking conditions waiver - As granting this request is not necessary to afford the maximum requested number of residents the opportunity to use and enjoy the dwelling, unless requested by the Hearing Officer, staff will not engage in an analysis of whether granting the request would result in a fundamental alteration in the nature of the City's zoning program. However, see Factor B analysis of whether granting the requested accommodation would result in a substantial increase in traffic or insufficient parking, below. Treatment as legal nonconforming use application of California Building Code provisions in place at time of change of occupancy - As granting this request is not necessary to afford the maximum requested number of residents the opportunity to use and enjoy the dwelling, unless requested by the Hearing Officer, staff will not engage in an analysis of whether granting the request would result in a fundamental alteration in the nature of the City's zoning program. As noted above, the applicant may believe this request, if granted, would allow it to continue operation without the imposition of reasonable conditions required under a use permit. This is not the case, and the applicant is already being treated as all other nonconforming uses in residential districts are being treated. However, if all provisions of Ordinance No. 2008 -05 applicable to this facility were waived, it would result in undermining two of the basic purposes the ordinance was put in place to achieve — promoting public health, safety and welfare, and to implement the policies of the General Plan by ensuring that conditional uses in residential neighborhoods do not change the character of such neighborhoods, and protecting the recovery and residential integration of the disabled (NBMC Section 20.91A.010). Waiver of overconcentration considerations — Preventing overconcentration and excessive clustering of residential care facilities, so that facilities are not congregated or overconcentrated to the extent of institutionalizing an area, was one of the primary purposes the provisions of the current Zoning Code were put in place to achieve. (See NBMC Section 20.91A.010) Similarly, courts have recognized that the presence of too many group homes in a residential neighborhood can potentially undermine the very purpose of such a district and therefore be unreasonable. In United States. v. City of Chicago Heights, 161 F.Supp.2d 819, 837 (N.D.III. 2001), the District Court stated: "There may be situations in which the distance between the homes is so little, where there is already more than one group home within 1000 feet, or where the homes are so similar in nature or operation, under which a request for a special use permit would fundamentally alter the City's purpose of avoiding clustering and preserving the residential character of certain neighborhoods." NCR UP /RA 00053 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 34 The HUD /DOJ Joint Statement on Group Homes, Local Land Use and the Fair Housing ` Act indicates that those agencies are also concerned with the appropriate setting for residential care facilities, and are not in favor of overconcentration that leads to institutionalization of a neighborhood. (See HUD /DOJ Joint Statement on Group Homes, Local Land Use and the Fair Housing Act, quoted in the analysis for Request No. One, Finding Two, above.) Therefore, staff finds that waiving overconcentration considerations entirely is an unreasonable request, as it would undermine one of the basic purposes Ordinance No. 2008 -05 was put in place to achieve, and would result in a fundamental alteration of the Zoning Code. As the applicant has not demonstrated the necessity of this accommodation, staff will not perform an extensive analysis of the reasonableness of this request unless requested by the Hearing Officer. Staff notes that there could be situations in which it would not undermine a basic purpose of the Zoning Code if the Hearing Officer waived consideration of the proximity of nearby schools, parks and alcoholic beverage outlets when reviewing whether a particular proposed use will be compatible with the character of the surrounding neighborhood. However, staff notes again that factors which the applicant requests not be considered are factors for consideration only. The existence of a potential overconcentration of recovery facilities, or the proximity of schools, parks or alcoholic beverage outlets do not present an automatic bar to the issuance of a use permit or a reasonable accommodation. The Hearing Officer recently issued a reasonable accommodation for a sober living facility which operates in close proximity with a high number of alcoholic beverage outlets in the McFadden Square area of the Balboa Peninsula. The Hearing Officer granted the accommodation in part because that applicant was able to demonstrate that under the circumstances of that facility, the proximity did not undermine the recovery of the disabled residents, and therefore, did not undermine a basic purpose of the use permit requirement. Pursuant to Section 20.98.025(D) of the NBMC, the City may also consider the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program: A. Whether the requested accommodation would fundamentally alter the character of the neighborhood. Waiver of occupancy limit occupancy of 18 residents: As noted above in Request No. One, staffs initial analysis in January 12, 2009 indicated that granting a use permit to the applicant under the conditions proposed by staff would not fundamentally alter the character of the neighborhood. Request No. Two, however, asks for an occupancy level that exceeds the number of residents staff believes the applicant could adequately supervise to prevent a fundamental alteration of the character of the neighborhood. Particularly with the new 1► [y :i�1 �l :L��hhli ! Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 35 information received that demonstrates the applicant's inability to adequately supervise its residents, staff believes granting the requested accommodation . would fundamentally alter the character of the neighborhood. Parking requirements and visitor parking conditions waiver: NBMC Section 20.66.010 establishes the purposes of the off -street parking and loading regulations. They are (A) to ensure that off - street parking and loading facilities are provided for new land uses and major alterations of existing uses in proportion to the need for such facilities created by each use; (B) to establish parking standards for uses consistent with need and with feasibility of providing parking on specific sites; and (C) to ensure that off -street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety, and, where appropriate, insulate surrounding land uses from adverse impacts. With the applicant's history of using its off - street parking for uses other than parking, the historically high occupancy of the facility, and the applicants practice of providing counseling to individuals who do not reside onsite, staff finds that waiving the parking requirements of NBMC Section 20.66.030 would undermine the basic purpose those requirements were put in place to achieve. provisions in Place at time of change of occupancy: See analysis in Request Two, Finding Four above, in which staff finds that if all provisions of Ordinance No. 2008 -05 were waived as to the applicant, the basic purposes the ordinance was put in place to achieve would be undermined. Those purposes include promoting public health, safety and welfare, and to implement the policies of the General Plan by ensuring that conditional uses in residential neighborhoods do not change the character of such neighborhoods, and protecting the recovery and,residential integration of the disabled (NBMC Section 20.91A.010). Waiver of overconcentration requirements: See analysis in Request Two, Finding Four above, in which staff finds that preventing overconcentration that results in the institutionalization of an area was one of the primary purposes Ordinance No. 2008 -05 was put in place to achieve. As noted above, courts have recognized that the presence of too many group homes in a residential neighborhood can potentially undermine the very purpose of such a district and therefore be unreasonable. In United States v. City of Chicago Heights, 161 F.Supp.2d 819, 837 (N.D. 111. 2001), the District Court stated: "There may be situations in which the distance between the homes is so little, where there is already more than one group home within 1000 feet, or where the homes are so similar in nature or operation, under which a- request for a special use permit would fundamentally alter the City's purpose of avoiding clustering and preserving the residential character of certain neighborhoods." outlets: Staff notes that there could be situations in which it would not undermine a basic purpose of the Zoning Code if the Hearing Officer waived consideration NCR UP /RA 00055 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 36 of the proximity of nearby schools, parks and alcoholic beverage outlets when reviewing whether a particular proposed use will not fundamentally after the character of the surrounding neighborhood. However, staff notes again that factors which the applicant requests not be considered are factors for consideration only. (See the related analysis of this request in Request No. Two, Finding Four, above.) B. Whether the accommodation would result in a substantial increase in traffic or insufficient parking. Staff analyzed whether Newport Coast Recovery had sufficient on -site parking for the use and whether traffic and transportation impacts had been mitigated to a level of insignificance in its January 12, 2009 staff report. Staffs analysis and recommendations have not changed in this area. However, that analysis was performed with staffs recommended conditions regarding visitor parking in mind. Staff believes that if Newport Coast Recovery continued operation with 18 residents, and without requirements for the purchase of three master parking permits, requirements that onsite parking be used by facility residents and staff, and visitor parking regulations, a substantial increase in insufficient parking would result. The visitor parking conditions proposed as part of a use permit could be compared to the requirements the City would place on any other business in a residential district offering outpatient counseling. If an individual residing next door to Newport Coast Recovery wished to conduct outpatient counseling from his or her home, he or she would have to comply with all provisions of the City's home occupation ordinance, NBMC Section 20.60.100. Under NBMC Section 20.60.100, home occupations are permitted as an accessory use of a dwelling if the home occupation is compatible with the residential character of the neighborhood, and if the home occupation is conducted so as not to disturb or cause annoyance to "any reasonable person of normal sensitivity residing in the area." Home occupations are subject to controls and limitations that are more restrictive than those that were proposed for Newport Coast Recovery parking for visitor counseling. Pursuant to NBMC Section 20.60.100, no home occupation may be open to any visitor without a prior appointment. Employees of home occupations are limited to permanent residents of the dwelling, although independent contractors may make periodic visits. Home occupations may not create pedestrian, automobile or truck traffic significantly in excess of the normal amount in the district. The number of parking spaces available to a dwelling unit housing a home occupation shall not be reduced to less than the number required by Chapter 20.66, Off - Street Parking and Loading and any relevant provisions for nonconforming parking found in NBMC Section 20.62.050. The off - street parking requirements NCR UP /RA 00056 Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 37 in the R -2 District where the Newport Coast Recovery facility is located are two off - street parking spaces per dwelling unit. In contrast, staffs single recommendation that parking arrangements be made for non - residents. who visit Newport Coast Recovery to receive counseling and education services appear substantially less restrictive. C. Whether granting the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable Specific Plan. General Plan Policy LU 6.2.7 requires the City to regulate day care and residential care facilities to the maximum extent allowed by federal and state law to minimize impacts on residential neighborhoods. The City adopted Ordinance No. 2008 -05 to implement General Plan Policy LU 6.2.7. Waiver of occupancy restrictions - Under the conditions described in the Finding Four analysis above, staff believes granting the requested accommodation would substantially undermine an express purpose of the General Plan.' Waiver of overooncentration requirements: In addition to the analysis above, see analysis in Request Two, Finding Four above, in which staff finds that preventing overconcentration that results in the institutionalization of an area was one of the express purposes Ordinance No. 2008 -05 was put in place to achieve. D. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. Staff analyzed whether granting a use permit to Newport Coast Recovery would fundamentally alter the character of the neighborhood by creating an overconcentration of residential care facilities in its January 12, 2009 staff report. With the exception of noting that the Hearing Officer determined that more than one facility per block could result in an overconcentration of residential care facilities, staffs analysis has not changed. 5. Finding. That the requested accommodation will not; under the speck facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. This finding can be made A request for reasonable accommodation may be denied if granting it would pose "a direct threat to the health or safety of other individuals or result in substantial physical damage to the property of others." See 42 U.S.C. § 3604(f)(9). This is a very limited exception and can only be used when, based on the speck facts of a situation, a requested accommodation results in a significant and particularized Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 38 threat. Federal cases interpreting this exception in the FHAA indicate that requested accommodations cannot be denied due to generalized fears of the risks 'posed by disabled persons. However, staff makes this finding with caution and reservations, given the lack of supervision the facility appears to have been providing for its disabled residents during recent months. UMMARY In accordance with the provisions of Section 20.98.025 of the NBMC, all five findings must be made in order for the Hearing Officer to approve a request for Reasonable Accommodation. Findings Two, Three and Four cannot be made. Therefore, staff recommends that the Hearing Officer deny Request No. Two. CONCLUSION In conclusion, staff recommends that the Hearing Officer: 1. Deny Request for Reasonable Accommodation No. RA2009 -09; 2. Direct staff to prepare a Resolution of Denial with Prejudice for Request No. One and No. Two of )Reasonable Accommodation No. 200949, which includes a condition permitting current residents residing in Newport Coast Recovery under a contract to receive treatment services to remain until they choose to leave, or until their original intended stay is complete, whichever occurs first, and present the Resolution to the Hearing Officer for review and adoption at a time and date set by the Hearing Officer. Environmental Review This activity has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). This class of projects has been determined not to have a significant effect on the environment and is exempt from the provisions of CEQA This activity is also covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment and therefore 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 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 item appeared upon the agenda for this meeting which was posted at City Hall and on the City website. NCR UP /RA 00058 Prepared by: Catherine Wo cott Deputy City Attorney EXHIBITS 1. 2. 3. 4. 5. 6. Reasonable Accommodation No. 2009 -009 July 7, 2009 Page 39 Submitted by: FAF 'IL. loo! L Reasonable Accommodation Application City Council Meeting Minutes of April 14, 2009 Correspondence from City's Counsel to Applicant Correspondence from Applicant's Counsel to Staff Correspondence from City Staff to Applicant's Counsel and Reply E -mail from J. Robbins of ADP to D. Kiff NCR UP /RA 00059 Exhibit No. 1 Reasonable Accommodation Application 01101:41191 :L��LbI:iC STEVEN G. PouN, ESQ. 3034Te.N%vcoN Sr: N.W. Attorney At Law WASHINGTON, D.C. 20015 TEL (202) 331 -5848 PAx(202) 537 -2986 SPouN2@mR -n uw.Ner April 7, 2009 SENT VIA ELECTRONIC MEANS AND FIRST CLASS MAIL David R. Hunt City Attorney City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 -8915 RE: Newport Coast Recovery, LIT Reasonable Accommodation Request Dear Mr. Hunt, Please find attached a request for a reasonable accommodation submitted pursuant to NBMC §20.98.020 on behalf of my client, Newport Coast Recovery, LLP. Newport Coast Recovery believes that this reasonable accommodation request substantively affects the consideration ofthe City Council ofits appeal from the denial ofits application ofthe Use Permit in Appeal No. A09- 00397, and ifgranted would render the appeal moot. Therefore, Newport Coast Recovery is requesting that Appeal No. A09-00397 be taken offthe agenda ofthe City Cou ciI on April 14, 2009 so that its request for a reasonable accommodation can processed by the City Staff. his our position that since the City is currently in possession of all the necessary information necessary to process the request for a reasonable accommodation so that a hearing can . be. expeditiously scheduled before the Hearing Officer. Thank you for your consideration of this request Sin Iy yours, even G. Polin cc: Newport Coast Recovery, LLP : T. Peter Pierce Christopher Brancart Dave Kiff Catherine Wolcott Paul E. Smith Dana Mulhauser [y :ill �l :L�rIrIrI� � �dF'WW7Ra c ° CITY OF NEWPORT BEACH Supplemental Information for Reasonable Accommodation for Providers of Housing Planning Department Application Number 3300 Newport Boulevard Newport Beach, California 92658 -8915 (949) 644 -3200 If you are a provider of developer or provider of housing for individuals with a disability and are seeking a reasonable accommodation, please provide the following information will regard to your request If you have already submitted this information to the City in conjunction with a different application, you can submit copies of the information previously provided. A. Your Firm's Current Uses. Do you or your firm (or any entity or person affiliated with you or your firm) currentty_operate, manage, or own other group residential uses in Newport Beach? ❑ Yes ■ If yes, cite address(es) of fadlity(ies) (attach more pages if necessary): EXAMPLE: 1234 Main Street, Newoort Beach Unlicensed "Sober Living" 7 _ Site Address Type of Use Bed Capacity Site Address Capacity Site Address Capacity Site Address Capacity Site Address Capacity 6 Type of Use Bed Type of Use Bed Type of Use Bed Type of Use Bed NCR UP /RA 00062 Page 1 of 2 • Application Number B. Other Similar Uses. What uses, not operated by or affiliated with you or Your firm, are of a similar type as your proposed use here in Newport Beach? Please cite address(es) of faciiity(ies) (attach more pages if necessary): EXAMPLE: 1234 Main Street. Newport Beach Unlicensed 'Sober Living" 7 Site Address Type of Use Bed Capacity se Use Permit Application and Staff Report prepared in connection with the Use Permit application. See PA 2008 -104 for UP 2008 -033 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 Site Address Type of Use Bed Capacity Site Address Type of Use Bed Page 2 of 2 NCR UP /RA 00063 m CITY OF NEWPORT BEACH Request for Reasonable Accommodation Supplemental Information Required Planning Department Application Number 3300 Newport Boulevard Newport Beach, California 92658 -8915 (949) 644 -3200 To aid staff in determining that the necessary findings can be made in this particular case as set forth in Chapter 20.98 of the Municipal Code, please answer the following questions with regard to your request (Please attach on separate sheets, if necessary): Newport Coast Recovery, LLP Name of Applicant Newport Coast Recovery, LLP If provider of housing, name of facility, including legal name of corporation 1216 West Balboa Blvd, Newport Beach CA 92661 (Mailing Address of Applicant) (City/State) 949 - 723 -3155 949- 6733098 (Telephone) mnewman1960t7ahotmaiLcom (E -Mail address) (Fax number) (Zip) 1216 West Balboa Blvd, Newport Beach, CA 047- 234-14 (Subject Property Address) Assessor's Parcel Number (APN) 1. Is this application being submitted by a person with a disability, that person's representative, or a developer or provider of housing for individuals with a disability? Newport Coast Recovery, LP is licensed by the California Department of Alcohol and Drug Programs to operate and maintain an adult residential or recovery treatment facility for men in recovery from alcoholism and substance abuse. 2. Does the applicant, or individual(s) on whose behalf the application is being made, have physical or mental impairments that substantially limit one or more of such person's major life activities? If so, please state the impairment(s) and provide documentation of such impairment(s). Page 1 of 4 NCR UP /RA 00064 Application Number All residents of Newport Coast Recovery are recovering alcoholics and substance abusers. For additional documentation please refer to the Use Permit Application submitted by Newport Coast Recovery as well as the Staff report prepared in connection with the use permit application. (See PA 2008 -104 for UP 2008-033). 3. From which specific Zoning Code provisions, policies or practices are you seeking an exception or modification? Newport Coast Recovery is located in an area zoned accommodation the adoption of the Staff report and 2008 -033) that was rejected in its entirety by the Newport Coast Recovery is seeking a waiver of the / procedures required by NBMC Section 20.91A.050' two persons per bedroom plus one staff member and is seeking as a reasonable neudation (PA 2008 -104 for UP Nearing Officer. In the alternative, ollowing terms, conditions, policies or waiver of the occupancy restriction of and that an accommodation of 18 residents be made; parking requirements that treats the residents and the visitors of the residents in the same manner as any other resident or visito to Newport Beach, particularly those requirements that pertain to weekend visitation treatment of Newport Coast Recovery as a legal nonconforming use and application of any fire code provisions pursuant to the California Building Code that were applicable prior to 2008 in as much Newport Coast Recovery has usgd the dwelling as a licensed residential treatment center since 2002 at its present location)waiver of any "overeoneentration requirements" that is being applied via the American 'Planning Association guide for Community Residential Facilities; waiver of any requirements that require an impact analysis of the proximity of Newport Coast Recovery to schools, churches, playgrounds and day care centers; and, waiver of any requirements that require an in impact analysis of the proximity of Newport Coast Recovery to establishments that sell alcoholic beverages. 4. Please explain why the specific exception or modification requested is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence. Please provide documentation, if any, to support your explanation. Newport Coast Recovery has been providing residential treatment services at 1216 West Balboa Blvd. since 2002. It is licensed by the California Department of Alcohol and Drug Programs for 29 beds. The accommodation sought by Newport Coast Recovery would be for the City to permit it to continue its services at 1216 West Balboa for a maximum of 18 beds. Unless the requested accommodation is granted Newport Coast Recovery will be required to cease providing residential treatment services, and those current residents will lose the housing of their choice and prospective residents will be denied an opportunity to live in the housing of their choice. The granting of the requested accommodation will ameliorate the effects of alcoholism and drug addiction and will provide the residents an opportunity to live alcohol and drug free lives, which in turn means that not only does the benefit befall the individual, but the community gains individuals who will become responsible, productive members of society. Individuals living a sober lifestyle must learn to respond appropriately to situations where there is the presence of alcohol, and where alcohol is available during the course of daily activities. In our society the availability and presence of alcohol is ingrained and can be found in the most innocuous places. The City cannot legislate or require as a condition of receiving a use permit the proximity of a facility such Newport Coast Recovery to establishments that sell alcoholic beverages. Likewise, the City cannot legislate or require in its analysis the proximity of a facility such Page 2 of 4 NCR UP /RA 00065 Application Number as Newport Coast Recovery to churches, schools, playgrounds or daycares without specific evidence that the residents of Newport Coast Recovery poses a direct threat to the safety of the those facilities, the property of those facilities or the individuals that use those facilities. 5. Please explain why the requested accommodation will affirmatively enhance the quality of life of the individual with a disability. Please provide documentation, if any, to support your , explanation. Newport Coast Recovery has been providing residential treatment services at 1216 West Balboa Blvd. since 2002. It is licensed by the California Department of Alcohol and Drug Programs for 29 beds. The accommodation sought by Newport Coast Recovery would be for the City to permit it to continue its services at 1216 West Balboa for a maximum of 18 beds. Unless the requested accommodation is granted Newport Coast Recovery will be required to cease providing residential treatment services, and those current residents will lose the housing of their choice and prospective residents will be denied an opportunity to live in the housing of their choice. The granting of the requested accommodation will ameliorate the effects of alcoholism and drug addiction and will provide the residents an opportunity to live alcohol and drug free lives, which in turn means that not only does the benefit befall the individual, but the community gains individuals who will become responsible, productive members of society. Individuals living a sober lifestyle must learn to respond appropriately to situations where there is the presence of alcohol, and where alcohol is available during the course of daily activities. In our society the availability and presence of alcohol is ingrained and can be found in the most innocuous places. The City cannot legislate or require as a condition of receiving a use permit the proximity of a facility such Newport Coast Recovery to establishments that sell alcoholic beverages. Likewise, the City cannot legislate or require in its analysis the proximity of a facility such as Newport Coast Recovery to churches, schools, playgrounds or daycares without specific evidence that the residents of Newport Coast Recovery poses a direct threat to the safety of the those facilities, the property of these facilities or the individuals that use those facilities. 6. Please explain how the individual with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation? Please provide documentation, if any, to support your explanation. Newport Coast Recovery has been providing residential treatment services at 1216 West Balboa Blvd. since 2002. It is licensed by the California Department of Alcohol and Drug Programs for 29 beds. The accommodation sought by Newport Coast Recovery would be for the City to permit it to continue its services at 1216 West Balboa for a maximum of 18 beds. Unless the requested accommodation is granted Newport Coast Recovery will be required to cease providing residential treatment services, and those current residents will lose the housing of their choice and prospective residents will be denied an opportunity to live in the housing of their choice. The granting of the requested accommodation will ameliorate the effects of alcoholism and drug addiction and will provide the residents an opportunity to live alcohol and drug free lives, which in turn means that not only does the benefit befall the individual, but the community gains individuals who will become responsible, productive members of society. Individuals living a sober lifestyle must learn to respond appropriately to situations where there is the presence of alcohol, and where alcohol is available during the course of daily activities. In our society the availability and presence of alcohol is ingrained and can be found in the most innocuous places. The City Page 3 of 4 NCR UP /RA 00066 Application Number cannot legislate or require as a condition of receiving a use permit the proximity of a facility such Newport Coast Recovery to establishments that sell alcoholic beverages. Likewise, the City cannot legislate or require in its analysis the proximity of a facility such as Newport Coast Recovery to churches, schools, playgrounds or daycares without specific evidence that the residents of Newport Coast Recovery poses a direct threat to the safety of the those facilities, the property of those facilities or the individuals that use those facilities. 7. If the applicant is a developer or provider of housing for individuals with a disability, please explain why the requested accommodation is necessary to make your facility economically viable in light of the relevant market and market participants. Please provide documentation, if any, to support your explanation. Newport Coast Recovery objects to this request. An applicant for a request for a reasonable accommodation is not required to compare or make an assessment of economic viability in light of the relevant market and market participants. Accordingly, Newport Coast Recovery is not required to obtain economic data concerning the relevant market and market participants in order for this request to be considered and granted. 8. If the applicant is a developer or provider of housing for individuals with a disability, please explain why the requested accommodation is necessary for your facility to provide individuals with a disability an equal opportunity to live in a residential setting taking into consideration the existing supply of facilities of a similar nature and operation in the community. Please provide documentation, if any, to support your explanation. Newport Coast Recovery objects to this request. An applicant for a reasonable accommodation is not required to assess whether a request for a reasonable accommodation is necessary to provide persons with disabilities an equal opportunity to live in a residential setting by providing evidence regarding the existing supply of facilities of a similar nature and operation in the community. Without waiving this objection, see the Answer to Number 4 9. Please add any other information that may be helpful to the applicant to enable the City to determine whether the findings set forth in Chapter 20.98 can be made (Use additional pages if necessary.) Newport Coast Recovery is licensed by the State of California's Department of Alcohol and Drug Programs to provide residential treatment services for up to 29 men. It has been doing so at its present location since 2002. Page 4 of 4 Exhibit No. 2 City Council Meeting Minutes of April 14, 2009 NCR UP /RA 00068 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 14, 2009 — 7.00 pan. L STUI)YUId - 4:00 pan. II. CI,O$RD SESSION - 6:18 pan A. VAf=Q4oe with L®aai Camml _ ZXidWKJjflVAQA ((ipvernment Code 8 5196Q,S(41); Six matters 1. Concerns[ Citimenls v. City of Newport Beach, U..S. DOW& Court G= No. SACV 4&- 00ISS.TV3 2 Pacific Shores V. Newport Beach, U"S. District Court QL49- 1 No SA(N Q0457 AG (PIAX) 8 Sober Living By The Sea v. City of Newport Beach, U.S. D .C:ase No. S.ACV _QgAXMgQ_iVS.allft) 4. City of Newport Beach u Morning" Recovery, Orma Cm& t<Y COWL QW *1o. 11694 8. Pacific Shores u Newpors Beach. U.S. Department of Housing and Urban Development - California - Iovestigi6on No. 094SA592.8; U.S. Department of Justice Investigation No. 09.08.05 -8 6. Newport Coast Recovery w City of Newport Beach, Housing and Urban Development - California - Investigation No. 0949. 0718.8 B. C90hrox" - 'ith Legal Coated _mated LiNg9tie8 - $�M(!s9ire to Llt�lRat�a ffignrUlwall code f 64966.9Me One matter: L Potential exposure to litigation based upon specific facts and circumstances arising out of the denial of Newport Coast Recovery, LLC s application for a Use Permit. C. U9itferenga with Legol Cam umi - aawyw+ml T.itioatj Pn _ Iit (GOTOMMUt CQ&J 142ILKe11: One matter: 1. Potential initiation of litigation against the City of Irvine for violation of the Brown Act and the California Environmental Quality Act when adopting regulation changes in the Irvine Business Complex regarding Accessory Business Uses. D. Pgblic EmRloyee Performan Evaluation (0 mmgp Code 154957(bl M: 44tle: City Manager Volume 69 - Page 129 NCR UP /RA 00069 City of Newport Beach City Council Minutes April 14, 2oo9 E. 02AIQrearm with.l;sabOlt Ne¢otWQX* 10Qverntnent Code JMH 7A; AWW D 90.d hBpreMNitives: Terri Cassidy, Human Resources Director SM12k 56-0reaDization: Lifeguard Management Association III. RZOM V. $QU ('ALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem. Curry. Mayor SeRd►, Council Member Webb, Council Member Gardner. Council Member Daigle VI. Ci OS W S SION REPORT Regarding Closed Session Item C -1, City Attorney Hunt reported that Council authorized outside counsel to file suit against the City of Irvins regarding the Irvine Business Complex's accessory business uses. VII MOs, O� grid ANCM - Council Member Daigle VIII WVQCATION _ Frank Carpenter Presentation by the Volunteers in Policing (VIP) in Recognition of Achieving the $1 Million Mark With of Volunteer Hours - Police Chief Klein introduced the police volunteers and Malcolm Reid presented Mayor Selich with a check for $1 million worth of volunteer hours. NCO-Fabulous Event Sponsorship by Inside the Outdoors Foundation - Meghan Barron and Ana Rothwell invited residents to attend the Eco Fabulona Pashion Show and Lifaetyle Event on May 8 at the Newport Coast Community Center, Jeremy Piesecki, Head Coach, Afghanistan National Water Polo Team utilized a PowerPoint presentation that included the history, goals, vision, growth, partnership, hosting opportunities and benefits of boating the team. He suggested that residents visit www.a%hanistenwaterpolo com for more information. 20. APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMIT (UP2008 -0118) - 1818 WEST BALBOA BOULEVARD (NEWPORT COAST RECOVER) (PA2008- 104) (continued from 8/24109). poo -2000l City Att=ey Hunt stated that the hearing tonight is for Council to review the record and make a determination as to whether there is substantial evidence to support the Hearing Officer's findings. He noted that the evidence acquired after the dose of the hearing is not admissible and cant be considered by Council in making a determination on the appeat however, if the evidence could not be reasonably presented during the hearing and is relevant, Council has the option to remand it back to the Hearing Officer for consideration. Chris Branwrt, attorney for the appellant, asked Council to vacate the Hearing Officer's decision and recommended that the use permit be granted with a 14 bed limit. Volume 89 - Page 1$0 NCR UP /RA 00070 City of Newport Beach City Council Minutes April Us 2009 He expressed the opinion that the newly acquired evidence should not be remanded to the Hearing Officer because there is no substantial evidence as to the adverse impacts and only speculation based on discriminatory stereotypes and anecdotes was presented. Assistant City Manager Riff believed that that the Hearing Officer formulated his findings based on substantial evidence listed in the record. Kit Bobko, outside counsel, discussed the evidence that was presented to the Hearing Officer and believed that the evidence is not anecdotal. He urged Council to remand the newly acquired evidence to the Hearing Officer and stated that the Hearing Officer is the appropriate person to hear the newly acquired evidence. He indicated that the issue is a land use issue. Mayor Selich opened the public hearing. Dick Nichols stated that the facility is integral due to its sire, expressed concorn about the cloaenees to Schools, and noted that there is an overconcentration of pow homes in the area. Larry Mathena indicated that the evidence presented at the hearing included a video. Petitions. the number of facilities in the area, and ongoing complaints. Louise Fundenberg President of the Central Balboa Community Association, tinged Council to deny the use permit. Denys Oberman stated that there is an overconcentration of facilities on the Peninsula, Provided addressee of the group homes in the area, and noted that there are four facilities within $00 feet of each other. She summarized evidence that was documented to the Hearing Officer but was not included in the staff report. Sarah Abraham asked Council to consider the citizens and homeowners in the area. Mustafa Soylemez believed that there is overconcentration in the area. Mr. Brancart stated that overconcentration does not constitute a finding that would justify denying a use permit and believed that the Hearing Offioer is not the correct Person to decide the newly acquired evidence. He asked Council to vacate the hearing Officsrrs decision and to approve stags original recommendation to allow a 14 bed facility. Mayor Selich clod the public hearing. .Fin Markman, outside counsel for the City, recommended that Council remand only the newly acquired evidence on the basis that the applicant be given the opportunity to explain, disagree, or rebut the information. He stated that the Hearing Officer can judge It and decide whether to include it in a resolution, and then the item can be brought back to Council for consideration of the appeal. In response to Council Member Henn's question, City Attorney Hunt darified that Council needs to consider all of the evidence from the hearing. Nation bY Council Member Hmn to remand the matter to the Hearing Officer to only consider the newly acquired evidence. Volume 59 - Page 127 NCR UP /RA 00071 City of Newport Beach City Council Minutes April 14, 8009 The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosandy, Mayor Pro Tom Clary, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle 92 NEW CITY HALL AND PARK PROJECT: CONSIDERATION AND APPROVAL OF CONCEPT DESIGN, DIRECTION FOR SCHEMATIC DESIGN PHAS& 1100- 2009) Assistant City Manager Kiff introduced the design team and noted that an additional handout was provided tonight. Greg Mottola and Sarah Kuehl, Bohlin Cywinaki Jackson, utilized a PowerPoint preaentstion to illustrate the updated site plan, landscaping. view plane, garage parkin, cdreulatim event capacity, entry points, park amenities, parking, the dog park, existing topography, the library expansion, lighting, and the initial floor plan. In response to Council questions, Assistant City Manager Kiff and Mr. Mcanla stated that staff has not concldered automated parking, noted that half of the garage packing is covered with a trellis to abield the entire view of the deck and possibly mitigate the headlight glare #from care, provided information on different types of lighting 8stures, stated that a dog park would need to be fenced, highlighted the location of the grew meadow and natural areas, stated that there are no guidelines for dog parks but there are different elements to consider relative to maintenance and asethetice, and reported that the current recommendation does not include a restroom on the north side of the park but does include restwom 11008618 from the outside of the community room. Robert Shaver, CW Driver, stated that the cost estimate for the roof trellis is $8 million. Coumd Member Daigle thanked staff and the design team for their hard work and mated that it a important that the resident concerns are addressed. Council Member Gardner stated that the coat is consistent with the proposed amount and believed that the budget breakdown ahould be made clear. Council Member Henn raised reservations abort the increase in the cost since the inception of the pmect. He believed that spending this amount of money for the project could arms deferral of other projects of equal importance to residents. He asked if the design of the building is based on the current conceptual plan and whether there will be an opportunity to reconsider some of the project elements. Mayor Selich stated that the schematic design phase will start in the fall and some of the elements can be phased or removed at that time, and that cast reduction opportunities will be considered. Council Member Webb believed that the structure will be used for at least 51} years, there needs to be expansion opportunities, and it is not wise to restructure the now City Hall to meet a dollar amount versus meeting the needs of the community. In response Council Member RosansWs questions, City Manager Bhndau stated that the Facilities Financing Plan is predicated on the economy, estimates, and different project coats. Mayor Pro Tem. Curry noted the policy that uses a percentage of the General Fund budget for capital improvement projects He agreed that the City Hall and park Project could end up deferring projects like Sunset Ridge Park, Marina Park, the new police stabma, and the Corona del Mar library. Volume 89 - Page 188 NCR UP /RA 00072 City of Newport Beach City Council Minutes April 14, 2009 Mayor Selich opened the public hearing Barry Allen expressed concern about the newly added elements. He urged Cotmcil to build the park and City Hall at the same time and not phase the project. Dick Nichols expressed concern about traffic circulation, the accessibility to the parking structure, and that City Hall will not be visible from the street. Denise Woltmath expressed appreciation for the changes that assist with maintaining the view Plans, asked Council to continue monitoring the lighting, and believed that City Hall and the park should be built at the same time. Debra Allen expressed appreciation for the protection of the view plane and suggested that the area be designed to be people - friendly. Ron Hendrickson expressed appreciation for the progress, stated that the cost concerns that Council Member Henn expressed are appropriate, believed that an orientation process for Council is needed, noted that the &brary expansion is important, and indicated that current building costs are low. Karen TAugali stated that it is imperative that needs are balanced, thanked. Council and staff for allowing residents to provide input and feedback, and asked Council not to phase the project. Jan Vanderaloot expressed appreciation to the designers for being responsive to community input. Rush Hill stated that the importance of approving the conceptual plan is to move forward with the Environmental Impact Report (EIR). He noted that there are adequate Opportunities for changes during the schematic design phase and indicated that it will be expensive if changes are done during the design development phase. In response to Council Member Hen's questions. Mr. Hill stated that the time needed for refinements depends on various elements. He added that project wets will differ according to project square footage, details, and methods used. He urged Council not to limit evaluation opportunities at this time. Kura Curran expressed concern about the number of private office spaces being Proposed and questioned the need for a dog park. Mayor Selich dosed the public hearing. Mayor Selich suggested that the Building Committee take another look at office apace sizes, usage, circulation. public counters, and entries, as well as overall value engineering of the project. Council Member Henn offered to contribute to the process by forwarding the Building Committee his specific concerns and issues. klotion bv_ Coun l Agembe � , a to a) apps the proposed Concept Design for the City Hall aW Park Project, as Proposed; b) direct the Building Committee to take another look at the use of the office space for sizes, usage, and circulation; and c) direct staff and the design team to begin the Schematic Design phase, planned to end in November 2009 with the certification of the City Hall and Park Environmental Impact Report(EIR). Volume 89 -Page 129 NCR UP /RA 00073 City of Newport Beach City Council Minutes April 14, 8009 The motion carried by the following roll can vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tenn Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle X. NOTICE TQ. THE 1?1,(HLc LAM Council Member Gardner announced that people can purchase a license plate from the Cslihimia Department of Motor Vehicles (DMV) whose proceeds will assist with funding art programs in schools. Council Member Webb announced that the Newport Beach Film Festival rune from April 23 to April 30 and stated that the closing event will feature "600 Days of Summer," which was directed by his nephew. Council Member Henn congratulated the Police Department for finishing in first place in the Imo Vegas to Bakersfield run for the fifth year in a row. He also announced that the Relay for Life Event will he held on May 10 to May 17 at Newport Harbor High School, noted that the City Council once again will be participating as the Council Critters, and urged all residents to supper this worthy cause. Council Member Resansky invited residents to attend the beach cleanup day at 11:00 a.m. on Saturday, April 18, at McFadden Square. Mayor Pm Tem Curry announced that he and City Manager Bludau traveled to Okamki, Japan, to celebrate the 26th Anniversary of the Sister City relationship. He stated that he rods in the cherry blossom parade, spoke to 160 iumor high students, toured the library, and toured an elementary schooL 1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR MEETING OF MARCH 24, 2009. [ 100 -20081 Waive reading of eubiect minutes, apps as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. 1100.80091 Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. 8. IRVINE TERRACE LANDSCAPE IMPROVEMENTS - AWARD OF CONTRACT (C4M). 1881100 -80091 a) Approve the project plane and specifications b) award the contract (C 8866) to Tat Cal Engineering, luc. fo' the total bid price of $98,982.00, and autho3ze the Mayor and City Clerk to execute the contract, and c) establish $9,900.00 (10%) to cover construction contingency. Volume 59 - page 180 1►[y:i�1�l:L��IrhfL City of Newport Beach City Council Minutes April 14, 2009 4. 2008-2009 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF CONTRACT (C4086). (96/100 -20091 a) Approve the project plans and specifications; b) award the contract (C -4086) to Pavement Coatings Company for the total bid price of $463,100.00, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $46,000 to cover the cost of unforeseen work. 8. TRAFFIC SIGNAL MODERNIZATION PHASE i CONSTRUCTION- COMPLETION AND ACCEPTANCE (C2975). [88110&M.91 a) Accept the completed work; b) authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to misses the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond one year after Council acceptance. 8 TRAFFIC SIGNAL MODERNIZATION PHASES 2 AND 8 CONSTRUCTION AWARD OF CONTRACT (C2976). J96PI00 20091 a) Approve the project plane and specifications; b) award the contract ("976) to C.T. & F., Inc. for the total bid price of $520, 299.47, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $78,000 (15%) to cover the cost of anforeseen work. 7. WESTCLIFF STREET LIGHT REPLACEMENT (C-MM - COMPLETION AND ACCEPTANCE. [86 10080091 a) Accept the completed work. b) authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to release the Labor and Materials bond 85 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond me year after Council acceptance. & CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES AND AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND COAST COMMUNITY COLLEGE DISTRICT (C- 4184). ISWI0020091 a) Receive and Me notice of permit application; and b) authorize the City Manager and City Clerk to execute an agreement between the City of Newport Beach and Coast Community District. 9: COUNTY OF ORANGE CITY AID PROGRAM (CAP) AGREEMENT FOR FISCAL YEAR 2009 -2010 (C-010).1$81100-20001 Approve the agreement between the County of Orange and the City of Newport Beach as required for participation in the County's Proposition 42 City Aid Program (CAP), and authorize the Mayor and City Clerk to execute the agreement. 10. PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL SERVICES ON THE CITY HALL AND PARK DEVELOPMENT PLAN (C- 4141).138!10020091 Approve Amendment No. 2 to the Prahesional Services Agreement with LSA Associates, Inc., ad, authorise the Mayor and City Clerk to execute the amended agreemenL 11. EMERGENCY REPAIR OF OIL PRODUCTION WELL NO. 11 (Cr4174). 188!10020091 Approve the Letter Agreement with Oil Well Service Company for emergency repair services to repair Oil Production Well No. 18. PROFESSIONAL SERVICES AGREEMENT FOR GEOTEOHNICAL Volume 59 - Page 131 NCR UP /RA b0075 City of Newport Beach City Council Minutes April 14, 2609 SO" EVALUATION AS PART OF A CONCEPTUAL DESIGN PLAN FOR A CONFINED AQUATIC DISPOSAL (CAD) SITE IN NEWPORT HARBOR (04179). IWI00-20091 a) Authorize the Mayor and City Clerk to execute a proAessimral services agreement with Andmr QEA to conduct a geotechnical soils evaluation for a passible Confined Aquatic Disposal (CAD) site in Newport Harbor; and b) approve a budget amendment (09BA -047) taking $61,600 in unappropriated General Fund reserves and assign these tirade to Capital Improvement Pr*,ct #7014.04402001 (Newport Harbor Dredging Project). C- MMUANROJUS 14. APPOINTMENT TO THE MEDIA AND COMMUNICATIONS COMMITTEE. 1100 -20091 Confirm Mayor SelieVe appointment of Council Member Rosansky to the Media and Communications Committee. 16. AWARD THE PURCHASE OF SCOTT HUSH AIR COMPRESSOR. [1009- 28091 Award the purchase of Scott Hush Air Compressor to Allstar Fire Equipment, Inc. for the total cost of $41,747.80. 16. PURCHASE OF SCOTT AIR PACK EQUIPMENT AND PARTS. (106.20091 Award the purchase of Scott Air Pack Equipment and Parts to- Allstar Fire Equipment, Inc. for the total coat of $64,242.18. 17. PURCHASE OF COMMUNICATION SUITES FOR. NEW PARAMEDIC VANS. [100 -2009) a) Authorize the purchase of radios, mobile data omputers. GPS trackers and miscellaneous electronic equipment from several vendors for two new paramedic vans; and b) approve a budget amendment (09BA -046) to transfer MOW from Paramedic Reserve Fund (020.3782) to 2340 -9800, and increasing expenditure appropriations by $29,800 in 2340 -9300. 18. GENERAL, PLAN ANNUAL PROGRESS REPORT INCLUDING HOUSING ELEMENT REPORT (PA2007- 191+). (10&28 ®91 Receive and file. 19. PUBLIC MEETING ON PROPOSED TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID).1100 20091 Receive public comments from anyone wiabing to speak on the Tourism Business Improvement District (MID). S84. CITY COUNCIL LETTER OF SUPPORT FOR OCTA MEASURE "M" ENVIRONMENTAL MITIGATION FUNDING REQUEST FROM BANNING RANCH CONSERVANCY REGARDING POTENTIAL. BANNING RANCH PURCHASE. [10&20091 The City Manager reoommeads the draft letter of support for the Banning Ranch Conservancy's request be provided. Motion by Mavgr Pro T i Curry to approve the Consent Calendar, except for the item removed (12). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Roeanaky, Mayor Pro Tem. Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Volume 69 - Page 182 NCR UP /RA 00076 City of Newport Beach City Council Minutes April 14, 2009 12. CORONA DEL MAR CONCESSION (FUJI GRILL) - AMENDMENT TO CONCESSION AND LEASE AGREEMENT (C4017). 188/100 -2"91 In response to Laura Curran's questions, Council Member Rosansky clarified that the base rent will be reduced but Fuji Grill is required to pay percentages against the base. He noted that the operator has invested money into the property and is a quality operator. Motion be M ror Pro T O ry to authorize the Mayor and City Clark to execute the Third Amendment to the Corona del Mar State Beach Concession and Lasso Agreement. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansly, Mayor Pro Tern Curry, Mayor Selich, CottnCil Member Webb, Council Member Gardner, Council Member Daigle XIV. ORALR"ORTa FROM CITY =WCIL ON CO .A Council Member Daigle reported that she attended the Orange County Sanitation District meeting and noted that they will be amending the regional permit which she wjll provide to Council for review. Council Member Gardner reported that the CoasUNBay Water Quality Committee will be bringing a Mwoean proposal before Council to fiord visual screens so beaches could display messages. surf and tide conditions, and other educational information Regarding group residential uses , Council Member Kenn reported that there is steamy progress relative to use permit hearings and provided the schedule for upcoming hearings. He also reported that the Hearing officer denied a reasonable accommodabous request From Pacific Shores on March 25 and approved the reasonable accommodation request for SW West Balboa Boulevard. Mayor Pro Tom Curry reported that he was appointed to the Orange County Parks Commission and stated that he looks forward to assuming the responsibilities. X[► FUELIC ER RIEM - continued 21. REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FISCAL YEAR 20094010 ONE-YEAR ACTION PLAN FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (BUD). 1100- 2009) Economic Development Coordinator Bowden stated that, besides the applications received for public service provider funding and the standard Capital Improvement Projects (CIP), they received a CIP application from Seaview Lutheran Plaza for $176,000 to replace a deteriorated plumbing system. Staff believed that the more appropriate funding mechanism is through the City's Ai%rdable Housing Fumd. In response to Council Member Daigle's questions, Assistant City Manager Wood stated that the in lieu fonds to preserve affordable housing will help the City meet as bow income housing element requirement. Economic Development Coordinator Bowden stated that the action plan would need to be amended if and when the City receives Volume 69 -Page 188 NCR UP /RA 00077 City of Newport Beach City Council Minutes April 14, 2009 $98,000 of stimulus money. Council Member Rosansky expressed support and noted that he would like more information on the issue of funding the Seaview Lutheran request. Beverly Shuber believed that the funds should be used to assist developers for newly - constructed affordable housing. Charles R_ Gross, President of Seaview Lutheran Plaza, introduced board members in attendance and provided the Plaza's history, construction information, and rental process. He indicated that the strategic plan should include information about how to build and maintain affordable housing in the City. Katku Lhy C qunci1XewJwr.DaWq to a) approve the 2009 -2010 CDBG Action Plan; b) authorize the City Manager or his designee to execute the FY 2009 -2010 CDBG Program Grant Agreement and all related documents on behalf of the City, and c) adopt Resolution No 2009 -17 authorising the Cry Manager to submit the FY 2009 -2010 application for CDBG funds and One -Year Action Plan to HUD. The motion carried by the following roll can Vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Lloyd Richert stated that he is currently working an replicating a 1981 City of Newport Beach police car. He indicated that he is in the process of raising funds and requested that donations be sent to the Police Department with a reference to the Police Car Project. XVIIL CURER ITBUSWB 28- IMPLEMENTATION OF CALPERS RETIREMENT FORMULA (8Y.®Ii0) FOR LIFEGUARD SAFETY EMPLOYEES PER RATIFIED MEMORANDUM OF UNDERSTANDING (.JULY 2008 - DECEMBER 2008). 1100-20091 Human Resources Director Cassidy reported that the Memorandum of Understanding (MOU) was previously approved by Council as part of the negotiation process and noted that the 3% at 50 formula was supposed to be implemented prior to December 81, 2008. She also stated that the implementation cost needed to be recalculated and will coat the city $18$,000. In response to Council questions, Human Resources Director Cassidy stated that this is a contractual obligation that occurred two years ago and was not dorm prior to the expiration of the contract. City Attorney Hunt clarified that Council will need to approve the agreement or be in breach of contract. Richard Santos, CalPERS Senior Pension Actuary , clarified that the amount will not change until August 2009. Motfon -bY. -Mayor Selieh to a) adopt Resolution No. 2009.18 relating to the City's intention to approve an amendment to the contract between the Board of Administration of the California Public Employees Retirement System (CaIPERS) and the Newport Beach City Council to authorize a "3°.50160" retirement formula for specified Lifeguard Safety employees within the Fire Department, and b) introduce Ordinance No. 2009 -10 authorizing an amendment to the contrail between the City Council of the City of Volume 69 -Page 184 NCR UP /RA 00078 City of Newport Beach City Council Minutes April 14, 8009 Newport Beach and the Board of Administration of the Caliiurnia Public Employees' Retirement System (Ca1PERS), and pass to second reading on May 12, 2009. The motion carried by the following roll call vote: Ayes: Council Member Henn, Mayor Pm Tem Curry, Mayor Selicb, Council. Member Webb, Council Member Gardner, Council Member Daigle Nova Council Member Rcsansky XR. ADJ LM - Adjourned at 10:45 pm in memory of John Allen Standage, Audrey McIntosh, and John McIntosh The agenda for the Regular Meeting was posted on April 11, 2009, at 6:80 pm. on the City Hall Bulletin Board Iocated outside of the City of Newport Beach Administration Building. The amended agenda for the Regular Meeting was posted on April 18, 2009, at 8:58 pap, on the City Hall Bulletin Board located outside of the City of Newport Beach Adminiairataon Building. mayor Volume 59 - Page 186 NCR UP /RA 00079 Exhibit No. 3 Correspondence from City's Counsel to Applicant NCR UP /RA 00080 IN& RICHARDS I WATSON I GERSHON VII ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION 355 SOUth Grand Avenue, 40th Floor. Los Angeles, Califamia 90071.3101 Telephone 213.626.8484 Facsimile 213.626,0078 RICHARD 9i6 "AM June 8, 2009 OIENN R. WATSON (RErIRN), properly evaluate them.. Specifically, staff needs to. know, in response to NNIRVI.GENNN O VIA FACSIMILE 202 )537-29t36 119" -2007' AND U.S. MAIL OREeiWV .7TEAANN7N Steven G. Polin ROCHEUE sR E properly evaluate them.. Specifically, staff needs to. know, in response to OBIAN AA .ARROW TAROS WNums " Law Offices of Steven G. Polin O THOMASM."a" RHONASM.HNOO 3034 Tennyson Street NW tf RN CE Y ANN STEVEN H. BA XEVIN Q. ENN,s / Washington, D.C. 20015 a IL Re: NeTVport Coast Recovery, LLC —Reasonable Acconrntodatdon Requests SA T. REAMIHA ERSER O. SOME a M. M THSON Dear Mr. Polin: M E. NARgMN As you know; attorneys from our offices are assisting the City of Newport Beach and the Newport Beach City Attorney .in processing Use Permit applications and Reasonable Accommodation requests. I write this letter regarding the reasonable accommodation requested by your client, New Coast Recovery, LLC. A LOUY0. NRI a BOWMAN NNETN AN BIUY D. OONSNORE s so The City asks that you clarify your client's request that City staff may DEBORAH R.IGMAAM ANTDXEIRS properly evaluate them.. Specifically, staff needs to. know, in response to MOGNINJUSA question 3 of the reasonable accommodation application form, which GINGIVA LGmWNTO ... ORNC provisions of the Newport Beach Municipal Code you would like the City to CANDICE "WO 4. AIDENSON Waive or modify for your client. . MGM" M CROSTRWMTE MARXEM E. NARRDquM . - . - OENA N. STlNNETr $VE,ENC - Your stated preference for the "adoption of the Staff report and CHRISTOP ""I.Ow DNBMT.M ', -0EOEP4EYWARO . recommendation (PA2008 =104 for UP2008- 033)..." is not a cognizable request EMN� TOVSSAINT S. BM1EY for accommodation. At the same. time, Staff cannot properly evaluate your "alternative" _ _ .wxnMEYO.NCpONMD 3E41T0. R WNINS VENoxw request, which is a request fora blanket waiver of an B. NN "DERS °" -' SNIM VARAT OtgN0. N. VAMT .uapnoritized laundry list of development and operational standards applicable ' to group homes in residential areas. Please provide a list of the specific MANS` MIME sarREWNVeR standards that you wish the City to modify and a description of how'.you think nM R. NAN°IAN - -SAN IRANCISOD they, should be modified. .Additionally, please state whether any of these •. Orna TEIEFMNE4R54EI.9AA4 modifications are requested in the alternative; and if so; the order of your . owme couanomcE '. TEIFPMON8714y4o.Oyo1 client's preference., - C" RICHARDS I WATSON I GERSHON ATTORNEYS Al TAW -A RROFESSIONAI CORPORATION Steven G. Polin June 8, 2009 Page 2 Likewise, the City asks that you clarify (or perhaps consider withdrawing) the request that the City treat your client's facilities in the City as legal non- conforming uses. In order for City Staff to have sufficient time to evaluate your requests before the July ? °i hearing, we ask that you provide the requested clarifications not later than this Friday, June 12'I' at 5:00 p.m., PST. If you have any questions regarding this letter, or wish to discuss this matter further, please feel free to contact me at the number listed above. Flower 112874w1(sl 142e29T1duc Exhibit No. 4 Correspondence from Applicant's Counsel to Staff NCR UP /RA 00083 .STEVEN G..POLIN, ESQ. ` AttoraeyAtLaw June 1 I,1 SENT VIA ELECTRONIC MEANS AND FIRST Steven-L. dower. Esquire 30.34 TENNY.-M Sr. N.W. A'ASia ow4, D.C. 20015 UL (202) 331 -5848 FAX (202) 537 -2986 SPOUN2 @EA9n(LIM.NEr Dear Mr. Flower This is in response to your letter dated June 8, 2009 requesting that Newport Coast Recovery clarify or modify its request for a reasonable accommodation made on April 7, 2009. We have carefully reviewed the City's views on the completeness of Newport Coast Recovery's request for a reasonable accommodation. PIease be advised that we are satisfied that Newport Coast Recovery's request for a reasonable accommodation as submitted fulfills the requirements of 42 U.S.C. §3604(f)(3)(B) and that no changes are necessary. If you have any questions or need to discuss this matter further, please do not hesitate to contact me at 202 -331 -5848. Since l 'you . en . cc: Newport Coast Recovey, LLP Christopher Brancari Patrick Bobko Dana Mulhauser Paul E. Smith NCR UP /RA 00084 Exhibit No, 5 Correspondence from City Staff to Applicant's Counsel and Reply 0 1101:4111191 �LbY� CITY OF NEWPORT BEACH June 18, 2009 Steven G. Polin, Attorney at Law 3034 Tennyson St. N.W. Washington, D.C. 20015 RE: Newport Coast Recovery Reasonable Accommodation Requests Dear Mr. Polin, JUN 2 4 2009 i Through its outside counsel, Richards Watson Gershon, the City is informed that you have declined on behalf of your client to modify or clarify the various requests for reasonable accommodation made by Newport Coast Recovery, LLP. The City's request for clarification was based on what we believe to be ambiguous phrasing of some of Newport Coast Recovery's requests, and in some cases requests that failed to specify any City requirement from which an exemption is requested. Based on your letter of June 11, 2009, City staff will do its best lo provide a full and accurate analysis of what it believes your client appears to be asking for. However, staff cannot be held responsible for any perceived misinterpretations of vague and ambiguous requests that may result. The City's suggestion to modify or submit additional requests was made in the spirit of engaging in an interactive process that might identify additional requests for accommodation that the City could recommend granting. Staff assumes from your June 11, 2009 response that you and your client have no interest in engaging further in the interactive process. In addition, you have made a request to. receive the staff report 10 days before the hearing date. While staff will attempt to accommodate this request as a courtesy, due to the complex and varied nature of your client's requests, we cannot guarantee that the report will be available in the time requested, and indeed have not done so with other applicants. Staff will make every effort to provide the report to you and the Hearing Officer in a timely manner. Regards, 3 Dave Assistant City Manager cc: Michael Newman, Newport Coast Recovery, LLP T. Peter Pierce Patrick Bobko -7 [y :ill �l :L�rIrIrl�i? STEVEN G. PCILIN, ESQ. 3034 TF..NNVsoN S'r. N.W. Afforney& Law WASHINGTON, D.C. 20015 UL (202) 331 -5848 rAx (202) 537 -2986 Src1uN2 ®P.AR- muNR.Nrr June 25, 2009 SENT VIA ELE CTRONIC MANS AND FIRST CLASS MAIL Patrick Bobko, Esquire Richards I Watson I Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071 -1469 RE: Newport Coast Recovery Reasonable Accommodation Request Dear Mr. Bobko, This is in response to the letter dated June 18, 2009 from Dave Kiff concerning Newport Coast Recovery's( hereinafter "NCR's request for a reasonable accommodation. Mr. Kiff asserts that the City is attempting to clarify "ambiguous phrasing" in 'NCR's reasonable accommodation request, by requesting that NCR modify or amend its request. Mr. Kiff further asserts that NCR's response to the City's earlier request to modify or amend its request, by responding that it is satisfied with the request as submitted, is a refusal to engage in an "interactive process." NCR's reasonable accommodation request is concise and specific as to what it is seeking in terms of a reasonable accommodation. (See section 3 of the request). The fact that Mr. Flower stated in his June 8, 2009 that NCR's request for. "adoption of the Staff report and recommendation (PA2008 -104 for UP2008 -033) ... "is not a cognizable request for accommodation" and further stated that "At the same time, Staff cannot properly evaluate your "altemative" request, which is a request for blanket waiverofan unprioritized laundry list ofdevelopment and operational standards applicable to group homes in residential areas.. ; ' constitutes a denial of NCR's request for a, reasonable accommodation. NCR's need only show that its request is reasonable on its face. NCR is seeking (1) adoption of the staff report that recommended approval of its use permit application; (2) the waiver of several. of the criteria that the City utilizes in evaluating applications made by Providers of housing when it makes in its decision in determining whether to allow these providers to continue to provide housing for persons with disabilities; or, (3) waiver ofthe criteria relied upon by the hearing officer that resulted in the denial of its use permit application. NCR is open. to honest and good faith dialogue in an: attempt to crab a reasonable accommodation that the City will warmly embrace. However, Mr. Kiff is mistaken that the Federal Fair Housing Act requires that the parties engage in an "interactive process" in land use matters. . NCR UP /RA 00087 Patrick Bobko, Esquire 2 June 25, 2009 Unlike a landlord which has the authority to grant a request for a reasonable accommodation, in which a an "interactive process" might be beneficial, the City and its staff cannot grant such a request, since it has ceded its authority to grant such requests to a hearing officer. See, Lapid- Laurel v. Zoning Bd of Adjusimeni, 284 F.3d 442, 455 -456 (3d Cir. N.J. 2002)(we hold that notwithstanding the "interactive process" requirement that exists in the law of this court in the employmentcontext under the Rehabilitation Act, see Mengine,114 F.3d at 420, the FHAA imposes no such requirement on local land use authorities). Base on our previous experience with the City in the reasonable accommodation process, as well as reviewing how the City "interacts" with other providers of housing for the disabled in the reasonable accommodation process, NCR's request was made after careful thought, and with specificity. Also based on our previous experience with City, we do not believe that the City's suggestions are made with an eye toward reaching a workable solution in terms of coming town agreement as to reaching an agreement in the terms, conditions and privileges of the granting ofNCR reasonable accommodation request. Finally, NCR's request for a reasonable accommodation was submitted on April 7, 2009. The City is required to promptly address requests for a reasonable accommodation. Approximately two months passed before the City responded to NCR's reasonable accommodation request. See Flowers' letter, dated June 8, 2009. Two months is sufficient time to process NCR's request Fundamental fairness to all parties requires the City to provide NCR adequate time to receive and prepare a response to the City's staff report and recommendation to the hearing officer on NCR's request The City's practice of providing an applicant its staff report two or three days prior to the hearing is neither workable nor fair, and NCR will not participate in any hearing if the staff report is not delivered to us ten days prior to the hearing. Please contact me if you or any personnel from the City wishes to discuss this letter. 70. om cc: Chris Brancart . Mike Newman Dave Kiff Dana Mulhauser Paul Smith Exhibit No. 6 E -mail from J. Robbins of ADP to D. Kiff NCR UP /RA 00089 Wolcott, Cathy From: Kiff, Dave Sent: Friday, April 03, 2009 2:53 PM To: Wolcott, Cathy Subject: FW: Newport Coast Recovery ....... .... - -- - From Joan Robbins [mailto:jrobbins @ADP CA.GOV] Sent: Friday, April 03, 2009 2:52 PM To. Kiff, Dave; Joy Jarfors Cc: Michael Ellison; Alien Scott Subject: RE: Newport Coast Recovery Thanks Dave. I sent my notes from our telephone conversation to Joy Jeri=, Manager with the Program Compliance Branch. Joy is the Manager in charge of program and counselor complaints. Newport Coast Recovery, 1216 West Balboa Blvd,, Newport Beach is not approved as an adolescent waiver program. This facility is licensed for 29 beds, male only. Joy - Dave Kiffs telephone number is (949) 644 -3032. From: Kiff; Dave [ mailto :DKiff@clty.newport- beach.ca.us] Sent: Friday, April 03, 2009 2:45 PM To: loan Robbins Subject: Newport Coast Recovery t NCR UP /FRA 00090 Attachment C to City Planning Dept. Memorandum: Administrative Record from May 20 2008 to April 14, 2009 Attachment No. HO 3 Administrative Record: May 20, 2008, to April 14, 2009 0 IN ".41191 CLV ILI1I'Y% 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 (AO9-00397) 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 detalfng a contact with the facility related to the issue. We provided counsel for Appellant, Steve Polin, Esq., notice of this evidence via mail 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 detenninative 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 ire 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. NCR UP /RA 00093 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 oontexi 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. 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 KIT, 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 &, 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 riot 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.o40. [y :ill �l :L�rIrIrkl•� 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 Pemut 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. Poiin, 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. NCR UP /RA 00096 W R=rds Fax: EMPLOYEES REPORT Y .:- - Apr 9 2009 94:57pe P002/0 t� Lt Frbzdl 13-31-2000 1000 ROWNUDU30of Fww []Yes ®No Wl: 6ic MOCOY (P9rPm Director, {Newport Coast Recovery) 11/1811973 36yrs 1216 W, Befte. Blvd. N&AWA Beach, CA. 92+ 1 949;.723 -3156 714- 7$8-1300c. /3 al D�4 3l �° .. r tFt- .: uc 1!'0 :R : R is of R r;rs a [.a n a•:I a -a ; a.e xr..:. aa.> - - +: :♦ �::. a °:;- t -: i - n�.� � a :..t. n . a. i P -.,Er: e - Bti:' •.. - ,: o-a R o-� ,e _ _ n. a�t,e i! - s � R U - R L 'S• 'P -(!i !L �F =: 1 ] L i' . ::: le "4 IF o-{oa "a r a s: o:•s' .r. c f e•. ®,a +� I IS 8' 1 �_- I':,M ^.Y °F'B LP k -Ll •'. tt' ff P; F = E :: WIJ. tl( a YY. u lr7;i 4: ":i :.! • :.:#..: N: G :. N': eY...9 ut {' ✓: 4i' r3: S� i'P Fes:: i' .Y, Y`:i -:{ •1 ':4: :Ei`e Y! 1 :: k i ]: f- _ � :., LA,. .,8'q ".: -,b -. R ; _ " '. u:'I' B :'•::i:1 :r Y. - ELF.. t i[.t p "•: •�Y !.: `.! F: Y� 4I - : f R �{ S i. fill, .'. P' "1'.P. .4 �. :F: .. E E n.f..: - - n '!fie a . {>! d, %r:v:.- •.1N �'t' ae 1 .- NCR UP /RA 00097 a s c P a c.P vn= m bwrds Fax: fwr 92094 04SW FINN 003 Continuation Sheet z 1 Emproyees Report I -- t>t12tI94 On 03-31 -2M at appMXW&Wy I WO hours. Sgt. Hamilton and 1 meponded bat* out to the NwMort Coast Recovery at 1216 W. Balboa Blvd. We had received new information that the f m t was SM t and housing minors contrary to what Wt McCoy had Wwbusly told us. We first contacted a" WOOWMW M06 nsWW who cdalmvd to Hve at the faulty. We asked him N he knew o minor} and he said "yes°. We asked the subject M current a r'eskk t at tlwfaadflty and he said "yep'. The subject went on to to us that removed from the fadity on Sal zit (30.OR) fbr disdphnary reams. He said #W rrraved ljjjEwe dit'fww# faniray.In Costa Mesa. wo - 2 .'t i' iii .• !n_, 1 .2 Y.:.' .. M.' d 1 Y "Y, Y r. ! u.3 y R 0'. .. Y i 4 [ i •••P'P J P' RC ` ?IP 9 i 4 6 1 Y'H:T J, :.: 1 .'t 8 2 it 4 "q 9.• 1,.9 _ A'iY ;:q i NCR UP /RA 00098 CITY OF NEWPORT BEACH, OFFICE OF THE CITY ATTORNEY DATE: April 7, 2009 TO: Hono;;w ity Council FROM: David rney RE: Newport Coast Recovery's Request for a Stay Of Its Appeal of the Denial of Its Use Permit; April 14, 2009 Agenda, Item No. 20 As we were fnaliAng our staff report, we received a request from Newport Coast Recovery, LLC's ( "Newport Coast Recover/') attorney, Steve Polin, Esq., requesting a stay of the appeal hearing in this matter. We attach an email chain dated April 7, 2009 along with a copy of Mr Polin's letter making that request as Attachment "A" for your review. As you can see from the email chain, we informed Mr. Pofin the decision on whether to stay the appeal would need to be made by you on the night of the hearing. On this issue, the history of this appeal is as follows: • February 4, 2009: Hearing Officer's decision final • February 11, 2009: Newport Coast Recovery's initial "Appeal Notification" executed by Michael Newman on behalf of Newport Coast Recovery. • February 24, 2009: Application to Appeal Decision of Hearing Officer flied by Applicant . • March 1$ 2009: Office of the City Attorney letter to Appellant re appeal hearing scheduled for Council March 24, 2009 agenda. (See, Attachment "B.") • March 18, 2009: Staff recommends continuance of matter pursuant to request of Appellant's counsel, Steve Pofin, Esq., to date certain of April 14, 2009. • March 24, 2009: Matter originally scheduled for hearing on Council agenda and Council acts to continue matter to date certain of April 14, 2009, per staffs recommendation. • March 27, 2009: Office of the City Attorney sends letter to Appellant's counsel informing him of continuance to date certain. (See Attachment "c.*.) ' • April 6, 2009: Office of the City Attorney sends Appellant's counsel an email of that date re appeal hearing and staff report schedule. (See, Attachment "A.") • APdl 7, 2009: Applicant's counsel submits request for stay of ,appeal hearing through email and letter of that date. (Attachment 4A.1 We have informed Mr. Polin that we cannot make the decision regarding the stay request, but we will brief the Council on the request and the issue will be addressed at the outset of the hearing on April 14, 2009. NCR UP /RA 00099 ATTACHMENT A Newport Coast Recovery's Request for a Stay on its Appeal of Denial of its Use Permit 04 -07 -09 email requesting for stay of appeal hearing NCR UP /RA 00100 Hunt, David From: Hunt, David Sent: Tuesday, April 07, 2009 11:25 AM To: 'spolin2@earthlink.net; Kiff, Dave; Wolcott, Cathy, T. Peter Pierce Cc: chris brancart; mnewman1960; paul.e.smith; clans mulhauser Subject. RE: Newport Coast Recovery reasonable accommodation request Mr. Polin, Thank you for the clarification. I will present this request to the Council as I finalize my staff report today. Yes, you have my permission to deal with Mr. Kiff in the submitting Newport Coast Recovery's request for a reasonable accommodation. Thank you for your sensitivity on this topic, Sincerely, City Attorney City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 -8915 (949) 644 -3131 citv.newoort- beach.ca.us .... ...... .... ._._... ._..�..____....._�_....__,.___. -- — .----- ..._v.__- ....._. From: spolin2@earthbrik.net [mailto:spolin2@earthlink.net] Sent: Tuesday, April 07, 200910:13 AM To: Hunt, David; Kiff, Dave; Woleott, Cathy; T. Peter Pierce Cc: chris brancart; mnewman1960; paul.e.smith; clan mulhauser Subject: RE: Newport Coast Recovery reasonable accommodation request Mr. Hunt, Thanks for your quick response to my letter. I understand It is not your decision to grant a continuance, but the City Council's. I also understand that you are not the perm tasked with processing the requests for a reasonable aceommdation. If I have your permission, may I contact Dave Kiff directly to faciliate the process to insure the request is property submitted? You are correct, Newport Coast is seeking a stay of the appeals before the City Council in order to process its request for a reasonable accommodation. To that regard, on behalf of Newport Coast Recovery, I am hereby waiving the requirement that all appeals to the City Council from the denial of a use permit be heard within 60 days. I hope this answers your questions. Steve Polio Steven G. Polin Law Office of Steven G. Polin 3034 Tennyson Sweet, NW Washington, DC 20015 202 - 331 -5848 202 - 537- 2986(fax) spphnUalearihlink.net NCR UP /RA 00101 This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510 -2521 and intended to be delivered only to the named addressee(s) and may contain information that is confidential, proprietary, attorney work - product or attorney - client privileged If this information is received by anyone other it= the named addressee(s), the recipient should immediately notify the sender by &MAIL and by telephone 202 -33I -5848 and obtain instructions as to the disposal of the transmitted material In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the named addressee(s), except with the express consent of the sender or the named addressee(s). Thank you. — Original Message -- From: Hunt:: David To: soolin2CaDearthlink.netXiff. Dave;Wolcott. CathvJ. Peter Pierce Cc: chris brancert; mnewman1960: paul.e.smith; dana mulhauser Sent: 07!2009 01:04:41 PM Subject: RE: Newport Coast Recovery reasonable accommodation request Mr. Polin, Thank you for your communication. We will analyze the request to take the appeal off the Council's agenda. Is this a request for continuance, stay, or withdrawal of the appeal? I think it is in the nature of a request for a stay, keeping the appellate rights alive, but seeking to have the issue of reasonable accommodation addressed before the appeal on the use permit determination? Am I correct? If that is the case, we will need a waiver by your client of the requirement that the Council decide the appeal within 60 days. Does your client so waive? At this point, I do not believe I am in a position to grant such a request in light of our previous grant of a continuance of the appellate hearing, but I will, of course, present the request to the Council for consideration. Please clarify the request so I can accurately characterize it to the Council in my staff report. Thus the Council, as the appellate body, will address the issue of the request at the outset of the hearing scheduled on Tuesday, April 14, 2009 at 7:15 p.m. I also would like to be sure you submit the request for a reasonable accommodation through appropriate channels. I am ethically walled off from the permitting process. I am not Involved in the administrative proceedings at all. My role is limited to advising the Council as to appeals of hearing officer determinations, ordinance issues and litigation matters. So please, if you will, be sure to submit the application for the reasonable accommodation through appropriate channels. By copy of this email, I ask that Mr. Kiff facilitate that application process and give appropriate direction to you regarding the same. Thank you for your attention to this matter. Sincerely, ?)amid R. *066 City Attorney City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 -8915 (949) 644 -3131 city.newoort- beach.ca.us ki [dCi111 :71ZT- 4t1i[tX From. spolin2@earthlink.net [mailto.spolin2 @earthlink net] Sent: Tuesday, April 07, 2009 9:31 AM To: Hunt, David; Kiff, Dave; Woloott, Cathy; T. Peter Pierce Cc. chris brancart; mnewman1960; paul.e.smith; dana mulhauser Subject: Newport Coast Recovery reasonable accommodation request David, Please rmd attached Newport Coast Recovery's request for a reasonble accommodation along with the cover letter addressing our position as to how this affects the City Council meeting scheduled for next week. Thanks, Steve Steven G. Polin Law Office of Steven G. Polin 3034 Tennyson Street, NW Washington, DC 20015 202 - 331 -5848 202 - 537- 2986(fax) spolin2pearthlink.net. This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510 -2521 and intended to be delivered only to the named addressee(s) and may contain information that is confidential, proprietary, attorney work- product or anomey- client privileged. If this information is received by anyone other, than the named addressee(s), the recipient should immediately notify the sender by E-MAIL and by telephone 202 - 331 -5848 and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the named addressee(s), except with the express consent of the sender or the named addressee(s). Thank you. Original Message ----- E'vtam To. soolinWearthlink.net Sent: 4/6/2009 05:53:35 PM Subject: FW: Newport Coast Recovery Appeal Hearing - April 14, 2009 (Newport Coast Recovery Use Permit Appeal; A09- 00397) .................... _._. __..... - ^._..__..- -- __.._...._.......__..._ ..__ . -. From: Hunt, David Sent: Monday, April 06, 2009 2:49 PM To: Kit Bobko (PBobko@nvgiaw.corn); Steve Polin Esq. (spolin2 @earthlink.net) Cc, Peter Pierce T. (ppierce @rwgiaw.com); Kiff, Dave Subject: Newport Coast Recovery Appeal Hearing - April 14, 2009 (Newport Coast Recovery Use Permit Appeal; A09- 00397) Gentlemen, As you know the appeal of Applicant Newport Coast Recovery is scheduled for hearing by the Newport Beach City Council on April 14, 2009. The hearing has been set for a time certain of 7:15 p.m. We will NCR UP /RA 00103 complete whatever matter the Council is considering at 7:15 and proceed to the Appeal, regardless of where we are on the Agenda. Our staff report will be routed to the Council on Wednesday, April 8, 2009. It must be in final form in the Clerk's office no later than noon on that date. If you wish to present anything in writing with the staff report, please have it to us no later than 10:00 a.m. on that date so it can be appended, copied, and routed. Of course you may route additional materials to the Council for their attention after that time. Please be aware, however, that the later the materials are submitted the less attention they can be given. The Council reserves the right to not consider substantial written materials submitted on the date of the actual hearing of the matter. Please also be on notice that since this matter was continued once for three weeks at the request of Applicant's counsel, we intend to proceed on April 14, 2009, in order to honor the schedules of other interested parties and the Council and in order to proceed with the City's business in an appropriate and timely manner. 2)"le R. 'Waat City Attorney City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 -8915 (949) 644 -3131 city.newoort-beach ca us NCR UP /RA 00104 STEVEN G. PolaN, ESQ. Attorney At law April 7, 2009 SENT ViA ELECTRONIC MEANS AND FIRST CLASS MAIL David R. Hunt City Attorney City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 -8915 RE: Newport Coast Recovery, LLP Reasonable Accommodation Request Dear Mr. Hunt, 3034 TENNmN- Sr. N.W. WASHIYGTON, D.C. 20015 UL (202) 331 -5848 FAx (202) 537 -2986 SrouN2WARnwri&Ner Please find attached a request fora reasonable accommodation submitted pursuanttoNBMC §20.98.020 on behalf of my client, Newport Coast Recovery, LLP. Newport Coast Recovery believes that this reasonable accommodation request substantively affects the consideration ofthe City Council ofits appeal from the denial of its application ofthe Use Permit in Appeal No. A09- 00397, and if granted would render the appeal moot. Therefore, Newport Coast Recovery is requesti ng that Appeal No. A09 -00397 be taken offthe agenda ofthe City Council on April 14, 2009 so that its request for a reasonable accommodation can be processed by the City Staff. It is our position that since the City is currently in possession of all the necessary information necessary to process the request for a reasonable accommodation so that a hearing can be expeditiously scheduled before the Hearing Officer. Thank you for your consideration of this request. Sin ly yours, Yen G- Po in cc: Newport Coast Recovery, LLP T. Peter Pierce Christopher Brancart Dave Kiff Catherine Wolcott Paul E. Smith Dana Mulhauser NCR UP /RA 00105 ATTACHMENT B Newport Coast Recovery's Request for a Stay on its Appeal of Denial of its Use Permit 03 -92 -09 letter to Appellant NCR UP /RA 00106 March 12, 2009 VIA FACSIMILIE (949) 6733098 AND U.S. REGULAR MAIL Mr. Michael Newman Newport Coast Recovery 1216 W. Balboa Blvd. Newport Beads, CA 92663 RE: MARCH 24, 2009 APPEAL HEARING OUR FILE NO: A09 -00147 Dear Mr. Newman: This letter is to give notice that your appeal of the decision of a Hearing Officer, in which your application for Use Permit No. 2008 -033, PA2008 -104 was denied, is scheduled for hearing before the Newport Beach City Council at its regular meeting on March 24, 2009. A copy of the appeal filed with the City Clerk is enclosed. The City Council meeting will commence at 7:00 PM. Staff reports regarding your appeal will be prepared and distributed by Wednesday, March 18, 2009. Council review of hearing officer decisions is limited to the administrative record of the hearing. If you have any additional correspondence you would like included as an attachment to the staff report, please provide it to my office before Wednesday, Mardi 18. Please contact my office at (949) 644 -3131 if you have any questions. Sincerely, David R. Hunt City Attorney End. cc: City Council, (w /Enc.) Homer Bludau, City Manager (w /Enc.) APP"JW" Newpwr Coal 03..11.09 NCR UP /RA 00107 ATTACHMENT C Newport Coast Recovery's Request for a Stay on its Appeal of Denial of its Use Permit 03 -27 -09 letter to Appellant NCR UP /RA 00108 4 2j"-1-00) . . • . . OFFICE OF THE CITY ATTORNEY David R Hunt. City Attoomey March 27, 2008 NIA FAC=KE(2e?,j 537 «206 Steven O. Pok Esq.. 3084 TwuWson Sheet, tw WsthMlgt^ DC 200tH Dear Mr. Poem We are VA ft 40 MOM mat the epPeai of the Newport Coast Rowvery Wloa%n fora Use b scheduled for h9wW by the Coy Cmwg of go Cry 0f Newport Beach at its Apt 14, 2009 rn60ft. The m98ft WE o0rrrnem0e at T.Wpm and the matter b set for heaft for a ftm =twin at 7:ttipm; that wA be the phm and time for pip yore• poWon with respect to the appeal. The staff mPM In tide m&Mw must be 1 wbod for m&ft no Wer Om Tuasdby. Aprl 7.2009 N YOU wish to have matKbb subrnMed to the Cmul-obV wtth.the staff report please provMte them 10 thk OMOD betore.oioee Of boss oa b'W date. S ease note, t* bDm*V date has been eslabbhed pwsueM to One ragttest for confirwwm by the trbWport 00891 Re00vory. and do My Mdands to nw ne t'orward and act on the appeal GwApr9 t4.2W9AW it dfurttrer ow0ma roe. Please feet tree 10 contact owi ldr,oa.1 YOU hm any ques6ans or ommenis. David R:'ffwrt , ►- _ `""`'�ti. C�AttOrrieg .. .CftY0(N 4)0dBeadr 3300 Nvwpmt Boobvmd •,test ottiee BOX 17Bt3'• Hewport Bau T. - (84tf1844 -Slat • pfrc �94� et4 -aln •wrrw.alUr NCR UP /RA 00109 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 20 Agenda Item No. April 14, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Office of the City Attorney David R. Hunt, City Attorney 949/644 -3131 or dhunt @ citty.newport- beach.ca.us SUBJECT: Appeal of Hearing Officer's Denial of Use Permit --1216 West Balboa Blvd. (Newport Coast Recovery, LLC) ISSUE: Did substantial evidence support the Hearing Officers denial of Newport Coast Recovery, LLC`s ("Newport Coast Recovery") application for a use permit, and, if not what action should the City Council take pursuant to Newport Beach Municipal Code section 20.91A.040? RECOMMENDATION: We recommend the Council determine whether substantial evidence in the record supports the Hearing Officer's decision to deny Newport Coast Recoverys application for a use permit. If the Council determines that substantial evidence supports the denial, the Council should sustain the decision of the Hearing Officer. If the Council determines that substantial evidence in the record does not support the denial, the Council must then choose between one of three possible actions: 1. Reverse the Hearing Officer's decision and authorize the issuance of a Use Permit to Newport Coast Recovery at 1216 West Balboa Boulevard under such conditions the Council determines are appropriate based upon the evidence in the hearing record; or 2. Modify the Hearing Officers decision denying a Use Permit to Newport Coast Recovery at 1216 West Balboa Boulevard based upon the evidence in the hearing record; or 3. Remand the matter to the Hearing Officer for further consideration, which remand shall include direction either to consider specific issues, or to conduct a de novo hearing on whether to grant, conditionally grant, or deny a Use Permit to Newport Coast Recovery at 1216 West Balboa Boulevard. If the Council determines the Hearing Officer's findings are not supported by substantial evidence and directs action be taken based upon choosing one of the three options above, we recommend that a resolution be prepared setting out the determination of the Council and the findings supporting that determination and that the resolution be brought back to the Council for approval and adoption as the Council's final decision on the matter. NCR UP /RA 00110 Appeal of Hearing Officer's Denial of Use Permit Hearing 1216 West Balboa (Newport Coast Recovery) April 14, 2009 Page 2 BACKGROUND: Newport Beach Ordinance 2008-05 requires group residential uses that were in existence prior to February 22, 2008 and were not in conformity with the provisions of Ordinance 2008-05 to apply for, and receive, a Use Permit if they wished to remain in operation at their nonconforming location. (Newport Beach Municipal Code ("NBMC ") section 20.91A.020) All existing group residential uses subject to this requirement must have either received a Use Permit by February 22, 2009 or be within the administrative process in order to remain in operation past that date. (NBMC section 20.62.090.) Newport Coast Recovery operates such a nonconforming use at 1216 W. Balboa Blvd. It applied for a Use Permit. The application was denied and an appeal of that denial was filed by the Applicant. That appeal is now before you for consideration and action. I. Newport Coast Recovers Use. Newport Coast Recovery operates an alcohol or drug abuse recovery and treatment facility licensed by the state to treat up to 29 men at 1216 West Balboa Blvd. Newport Coast Recovery was operating this use at the time the City enacted Ordinance 2008 -05. The facility is located in a seven (7) unit apartment building that was constructed in 1949 when the property was zoned R-3. The property was reclassified from R-3 to R -2 zoning in 1989'a" with other properties in the area via enactment of Ordinance 89-24. As a result, the subject structure is legal non - confirming and may continue at its location subject to the provisions of Chapter 20.62 of NBMC (Nonconforming Structures and Uses). Newport Coast Recovery applied for a Use Permit within the time period required by Ordinance 2008 -05. 2 Use Permit Application and Hearing. Newport Coast Recovery originally submitted its application for a use permit on May 20, 2008. The application was not fully complete at the time of the original hearing of the application held on December 8, 2008. Staff recommended a continuance of the hearing to allow the applicant to complete the application. The Hearing Officer continued the hearing to January 12, 2008 after the taking of testimony.' The continued hearing went forward as scheduled on January 12, 2009. At that time the application was complete. Staff recommended that the Hearing Officer make each of the 11 required findings and grant the use permit subject to conditions that established strict operating standards and limited the facilitys occupancy to 14 beds. 3. Hearing Officer Action. ' The full record of the proceedings at the Hearing Officer level is submitted to you as the "Hearing Record." Each page of the Hearing Record is numbered consecutively beginning with NCR 000001. References to the Hearing Record are denoted at "HR ", with the bate stamp page number. NCR UP /RA 00111 Appeal of Hearing Officer's Denial of Use Permit Hearing 1216 West Balboa (Newport Coast Recovery) April 14, 2009 _Page 3 At the hearings, the Hearing Officer heard testimony from City staff, the applicant and the public. At the January 12, 2009 hearing, Mr. Allen denied the application and directed staff to prepare a Resolution of Denial of this Use Permit, stating that he could not make key findings relating to the preservation of the neighborhood's residential character and overconcentration (see discussion below). A further hearing was held January 22, 2009 for the Hearing Officer to consider the proposed resolution supporting his denial of the application. (HR, NCR 00502.) The resolution, subject to finalized wording, was approved by the Hearing Officer at that hearing. (HR. NCR 0054400550.) The Resolution of Denial was then executed on - February 4, 2009 (HR, NCCR and a copy of which is attached as Attachment" The applicant filed this appeal of the Hearing Officer's denial pursuant to the provisions of NBMC Section 20.91A.040 in a timely fashion on February 11, 2009. A copy of the appeal is attached as Attachment 02 • s ' •o a. This appeal was originally noticed for hearing on the March 24, 2009 Council Agenda. Steve Polin, Esq., counsel for Appellant, requested a continuance of the matter due to an irreconcilable scheduling conflict. As a result, staff recommended a onetime continuance. The Council continued the hearing from March 24, 2009 to April 14, 2009. Staff gave notice of the continuance and of the fact that the matter would not be continued again. Appeals of Hearing Officer decisions on residential use permits are heard by the City Council. (NBMC Section 20.91A.040.) If appealed, the Council reviews the Hearing Officer's decision under a °substantial evidence" standard of review. If the Hearing Officer's decision is supported by substantial evidence, it must be sustained by the Council If the Hearing Officer's decision is not supported by substantial evidence, the Council may reverse, modify and /or remand the matter to the Hearing Officer. Appeals from decisions on residential use permit applications by Hearing Officers are unique under your Municipal Code. You are not given full authority to address the issues as you may choose "do novo." You are restricted to considering whether there is substantial evidence in the record of the proceeding that supports the Hearing Officers determination. If there is substantial evidence, whether you agree with the determination or not, you must support the determination and deny the appeal. If there is not substantial evidence, then you cannot support the decision of the hearing officer and you should grant the appeal a. Unique Standard of Review There are two different standards by which the Council makes decisions on appeals of use permit decisions under our Municipal Code, one for use permits in districts zoned for non - residential uses and one for districts zoned for residential uses such as this one. NCR UP /RA 00112 Appeal of Hearing Officer's menial of Use Permit Hearing 1216 West Balboa (Newport Coast Recovery) April 14, 2009 Page 4 (1) For use permits in distrtcts zoned for non - residential uses. NBMC Chapter 20.91 establishes procedures for approval, conditional approval or disapproval of use permits and variances in all areas of the City that are not zoned for residential use. Section 20.91.060 provides that decisions made by the Planning Commission are reviewed by the City Council on appeal, and that the procedures for such appeals are codified in NBMC Chapter 20.95. Chapter 20.95 states: The public hearing on an appeal shall be conducted 'de novel in that the decision that has been appealed has no force or effect as of the date on which the appeal was filed. The appellate body is not bound by the decision that has been appealed or limited to the issues raised on appeal. The appellate body shall hear testimony of the appellant, the applicant, and any other interested party. (NBMC Section 20.95.060(C).) Therefore, the Council has acted as both the appellate body and the finder of fact in past hearings on appeals from decisions on use permits in areas zoned for commercial or industrial use. Public testimony and evidence not presented at the Planning Commission hearings has been properly presented to and considered by the Council in these de novo hearings. (2) For use permits in districts zoned for residential uses When considering permits for uses conditionally permitted in residential districts such as this one, NBMC Chapter 20.91A establishes a different decision - making body and a distinctly different standard of appellate review by the Council. Applications for use permits in residential districts are reviewed and approved, conditionally approved or disapproved by a Hearing Officer rather than the Planning Commission, in accordance with the procedures set forth in Chapter 20.91A. Unlike appeals for use permits approved, conditionally approved or disapproved by the Planning Commission, NBMC section 20.91A.040 states: Decisions of the Hearing Otflcer may be appealed to the City Council. Notwithstanding Section 20.95. oho, the standard of review shad not be de novo and the City Council shad determine whether the findings made by the Hearing Officer are supported by substantial evidence presented during the evidentlary hearing. The City Council acting as the appellate body may sustain, reverse or modify the decision of the Hearing Officer or remand the matter for further consideration, which remand shah include either spec issues to be considered or a direction for a de novo hearing. (NBMC Section 20.91A.040 (Italics addedj.) When reviewing the decisions of a Hearing Officer, the Council is therefore required by NBMC section 20.91A.040 to apply the `substantial evidence test" This means that the Council shall uphold the decision of the Hearing Officer if there is substantial evidence in the hearing record as a whole to support the decision he made. Thus, the Inquiry for the Council is whether the Hearing Officer abused his discretion when he denied the application for the permit. NCR UP /RA 00113 Appeal of Hearing Officer's Denial of Use Permit Hearing 1216 West Balboa (Newport Coast Recovery) April 14, 2009 Page 5 While the concept of °abuse of discretion" is well defined in the law, it is a bit obtuse. in finding abuse of discretion, the City Council shall consider whether the Hearing Officer's action was arbitrary, capricious, in excess of his jurisdiction, entirely lacking in evidentiary support, or without reasonable or rational basis as a matter of law. A prejudicial abuse of discretion is established if the Hearing Officer did not proceed in a manner required by law, or if his findings are not supported by substantial evidence in the record. (Sierra Club v. County of Napa (2004) 121 Cal.App.4'" 1490, 1497.) City staff, the applicant and members of the public may make comments regarding this issue at the Council's hearing on the appeal. However, in making its determination the City Council is limited to a review of the hearing record from the proceedings below. It may neither substitute its views for those of the Hearing Officer, nor reweigh conflicting evidence presented to him. The decisions of the Hearing Officer are given substantial deference and are presumed correct. (/d.) The party seeking review (in this case, the applicant) bears the burden of showing that the Hearing Officers decisions are not supported by substantial evidence in the record and, the Council "must resolve reasonable doubts in favor of the administrative findings and determination.' (ld.) "Substantial evidence' means °enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached." Such substantial evidence may include facts, and expert opinions supported by facts, but not argument, speculation, unsubstantiated opinion, or clearly erroneous evidence. (!d.) Although facts in the hearing record might lead the City Council to a conclusion different from the Hearing Officer's, the City Council may not overturn the Hearing Officer's decision on the grounds that an opposite conclusion based on the same set of fads would have been equally reasonable or more reasonable. It also may not 'weigh conflicting evidence and determine which side has the better argument. Instead, it must resolve all reasonable doubts in favor of the administrative finding and decision bekym. (Berkeley Keep Jets Over the Bay Committee v. Board of Commissioners of the Port of Oaldw d (2001) 91 Cal-App-0 1344, 1356.) In summary, the City Council may overturn the Hearing Officer's decision only If it finds that then: are insufficient facts, or expert opinions supported by facts, in the hearing record to support the Hearing Officer's decision. b. Discussion of Apoallants SoecifM Grounds for Appeal. Appellant raises two areas of concern with the Hearing Officer's decision. (1) the asserted fact that Appellant 'is the only 'Men's Onyx' primary care facility in Newport; and (2) Appellant was essentially first in time on the Peninsula, and as such, it should not be responsible for the issues caused by concentration of this type of use in the neighborhood. The Council should consider these issues when analyzing the issue of substantial evidence supporting the Hearing Officers decision. Per NBMC Section 20.91A.040, the City Council may sustain, reverse or modify the decision of the Hearing Officer if it concludes that decision is not supported by substantial evidence. It may also remand the matter to the Hearing Officer for further consideration. If the City Council NCR UP /RA 00114 Appeal of Hearing Officer's Denial of Use Permit Hearing 1216 West Balboa (Newport Coast Recovery) April 14, 2009 Page 6 remands the matter to the Hearing Officer, NBMC section 20.91A.040 requires that the Council either identify specific issues to be considered or direct that the Hearing Officer conduct a de novo hearing on the matter. 2. Environmental Review: This application 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. The City Council's consideration of this Agenda Item does not require environmental review. 3. Public Notice: This agenda item has been properly noticed as an appeal of a denial of a use permit application (published in the Daily Pilot and mailed to property owners within 300 feet of the subject property 10 days in advance of the hearing date) and in accordance with the Ralph M. Brown Act (72 hours in advance of the.public meeting at which the City Council considers the item). CONCLUSION: Please determine whether the decision of the Hearing Officer should be sustained or reversed, modified, or reversed with conditions, or remanded for further consideration. If the Council reverses or modifies the Hearing Officer's decision, staff recommends that a resolution be Prepared setting out and memorializing the Council's findings and conclusions, and will bring that resolution back for Council review, comment, and adoption at the first available meeting. Submitted by. Office of the City Attorney DsvOVTruint, City Aftomey Attachment 1: 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) Attachment 2: Appeal Notification; Application of Appeal Decision of the Hearing Officer Attachment 3: Memorandum from Staff regarding Appeal of Hearing Officer Decision Attachment 4: Hearing 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) /A0a- 00397) CC sW RoMW for 00. f4.09AgWWa fy :lit �t :7G�rtry `N� 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 200 8-104) NCR UP /RA 00116 RESOLUTION NO. HO- 2009401 A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT BEACH DENYING WITH PREJUDICE USE PERMIT NO. 2008033 TO ALLOW AN EXISTINti 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 CowxA on January 22, 2008, following noticed.public hearings; and WHEREAS, the adoption of Ordinance No. 2008 -05 amended the City of Newport 8eaWs 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 belittles, 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 oper2mdon 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.0e0 can be met; and WHEREAS, Newport Coast Recovery, located at 1216 West Baboa Boulevard ("Use Location`) in Newport Beach, California is today a group residential care facility in an apartment complex housing seven units that is a state4kensed alcohol or drug residential treatment home for up 29 persons (ADP License No. 300156AP); and WHEREAS, Newport Coast Recovery rUse') applied for Use Permit No. 20M 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 Beads; and WHEREAS, the Use Location is within the Nonstandard Subdivision Area as defined by Ordinance No. 2008-05; and NCR 00582 NCR UP /RA 00117 City of Newport Beads Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008-104) Page 2 of 12 WHEREAS, proximate to the Use Location are the following uses referred to in NBMC §20.91A.060 (0): 1. Within 300 That Balboa Horizons Recovery Services (11 bed Iloerrsed trcahrrent facility loud at 1132 West Bafros Boulevard, with an approved use permit) Is one block east of the Use. Location, on the same side of the street 2. Mn 300 feet and across the street Newport EWnwtary School for students I grades a Klndergarden through 5e grade at krcaled 1327 West Balboa B n n 3. Wdtdn 750 feet Christ Church's large (44 children capacity) state - licensed day care center located at 1400 Mat Balboa Boulevard. 4. Within 1260 feet Outlets for alcoholic beverages are the American Legion Hall located at 218 W. 151 Street and Fry's Market located at 118 E. le Street NOW THEREFORE BE IT RESOLVED: 22fta,1. That Finding No. 3 of NBMC §20.91.035 (A) can be made for the following reasons: NOW tMAIZA (A) Finding'No. 3: That the proposed use wilil comply wlth . Ow provisions of this code, hncludinq any specific condition' required for the proposed use In the dtatrtot in which R would be locab xL . The farcifty, as conditioned through a use permit, would comply with the operational standards of 20.91A.050 of the NSMC, as outlined in Findings A and 8 of the NBMC §20.91A.060 and as desodbad in Section 2 below. Section 2. That Findings A - C and Findings E - G of NSMC §20.91A.060 can be made for the following neasona: NBMC §20.91A.060 Finding A: The use conforms to ati applicable Provisions of Section 20.91A.050. These development and operational standards are summarlssd as follows: 1. No secondhand smoke can be detectable outside the properly. The fackYs current operational regulations restrict smoldng to designated areas within a courtyard area of the facility. The courtyard area is enclosed on all sides by waft but is open to the sky. Smoidng outside of the fimits of the enclosed courtyard area Is prohibited. NCR 00563 NCR UP /RA 00118 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2006 -104) Page 3 of 12 2. Operations of the facility must comply with orate 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 fac3Nty, 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 &Now 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 bleat Balboa Boulevard is able 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 'attar hours" names and contact information numbers. 4. No services requiring a ficerma can be provided If the facility does not have a license for time samoes. The operation plan for the facility ity provides that only those services permitted by the fadiity's ADP license are periorned within the facility. G. There shall be no more than two persona 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 facliily 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 pennons 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 00384 NCR UP /RA 00119 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. S. No owner or manager shall have any demonstrated pattern of operating aimnarfacmes 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 faciAty In the City of Newport Beads or in the State of California, and there is no known record of state violations associated with the fac#dy 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 nbt provide treatment onsite, was operated in violation of the law. NBMC §20.91A.060 Finding Bt The project includes sufficfeM on-Oft parking for the uss, and traffic and transportation impacts have been mitigated to a level of inalgnificance. 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 couns efarg sessions as discussed below. Residents completing main fast phase of treatment, which includes 30 days of residency, are not ailowW 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 veNdes 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 nonresidents, 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 NCR UP /RA 00120 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Peas 6 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 drfire his personal vehicle to and from the fadW, and (2) restrict the number of clients who reside at 1216 West Balboa who are permitted 1a have personal vehicles; (3) require that all on -eiEe 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 fast 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 Fie Department is the responsible agency for irnplemerhting tire protection of all group residential care facilities and residences. The subject properly 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 ehdsting at the time the facility was initially issued a "fire dearance.` NBMC §20.91A.060 Finding E. The operation of bases 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 NCR UP /RA 00121 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2006 -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-paw 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-sita. From this location, goods are delivered by staff members to the facility during weekdays between the hours of 9:00 am. 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 Mat are compatible with and will not adversely affect the peace and quiet of neighboring properdes. 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 ailed 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"5 (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 Dishid, 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 NCR UP /RA 00122 City of Newport Beach Hearing OM car Resolution 1216 West Balboa Boulevard (PA2006 -104) Page 7 of 12 The oboes 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 unt in the R -2 District and the surrounding properties within the R -2 District. However, the subject ProPerVs Proximity to another residential care facNty at 1132 West Balboa Boulevard, to a large state-licensed day care facility at 1400 West Balboa Boulevard, to Newport Elementary School, and to facigtes either selling or siring acoholic 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 low 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 servloe facilities; and therefore, this finding cannot be made. NOW §20.81.Q35 (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 alts is located; will not be detrimental to the public health, safety. peace, morals, comfort, or welfare of persons re kftg 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 cents 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, tittering. using profanity, and allowing excessive secondhand smoke to NCR 00568 NCR UP /RA 00123 City of Newport Beach Nearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Pane 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 ardoyment 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 daycare facility licensed by the State of California Department of Social Services looted at 1400 Wed Balboa Boulevard with a capacily 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 Dktricd, 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 arid 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 overooncentratbn 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 overaoncentration 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 30D NCR 00589 Cily of Newport Beach Hearing officer Resolution 121$ 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 mkl- Balboa Peninsula area. The term "block' means an area bounded by streets, per Ordinance No. 2006.05 (Section 20.03.030). in this case, Balboa Boulevard is a major street that is a sufficient dividing line between each aide of Balboa Boulevard. However, the Hearing Officer can extend beyond smaller streets like 12th and 11r' 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 whore the proposed use is located there is already one 11 bed•rasklential care facility (Balboa Horizons). The proposed use located at 1216 West Balboa Boulevard, within the same block as Balboa Hodzoes, 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- kensed 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 whb the surrounding residential character of the neighborhood. The discussion of incompatibility of the proposed; use with the surrounding residential neighborhood is discussed in detall 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. SMIon . That Finding D of NBMC §20.91A.080 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, hldo hole, Balboa NCR 00590 NCR UP /RA 00125 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, short blocks, and other substandard characteristics which are pervasive in certain areas of the City of Newport Beach, including portions of West Newport, lido Isis, Balboa Peninsula, Balboa Island, Corona del Mar and Newport Heights, which. Portions were depleted on a map referred to as the Nonstandard Subdivhdon 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 appiled in subsections 20.91A.D.1 and 0.2, 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 afi 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 blearing Officer stall 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.aloohoiic beverages (American Legion Hall at 215 150 Street and Fly's Market at 11515x' 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 totally operate as an alcohol rehabilitation facility. NCR 00591 NCR UP /RA 00126 City of Newport Beach Wearing Officer Resolution 1216 West Balboa Boulevard (PA2cos -1 a4) Pane 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 (0.3.) 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 Bearing Officer may establish a block length for the mid- Balboa Peninsula am 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 'bkKW means an area bounded by streets, per Ordinance No. 2008 -05 (Section 20.03.030). In this lose; 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 12"' and 11'R 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 %ciiity per median block length in the densety 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 Wortions). action 5. The Hearing Officer hereby denies with prejudice Use Penntt No. 2008 -033. Section 6. The action shall become final and effective fourteen (14) cloys after the adoption of this Resolution unless within such lime 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 NCR UP /RA 00127 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Paae 12 of 12 PASSED, APPROVED, AND ADOPTED this 4" day of February, 2009.. By: - -- VL.M Thomas W. Alert, Hearing Officer ATTEST: n NCR 00593 NCR UP /RA 00128 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 NCR UP /RA 00129 Februa+y,4; 2009 APPEAL NOTI CATION 1, MIehad&uwW owner or operator of k r.J. r hereby.fiie this appeal of the Gty cf Newport Beach' Hearing affitees decision on 0_- 4y ; v relating to the facility rioted above. i Date stamp NCR UP /RA 00130 CITY OF NEWPORT BENCH APP�L�ICATIONTO APPEAL DECISION OF THE HEARING OFFICER Project No. PA '� �D Application No. Name of Appeilarrt am-/ sr Phone fY9- b 7.5 Yrd9 i Site Address Jo2 /H Gti &160.4 Ae . Date of Hearing OttlWs decision /aL. . 20 69 Name iMMA- ption of application filed with HemirujO ficer) Reasons for Appeal , ,� vox C Rrc�arry r.,s75&e a� /� rr�.,rs f9�uJ� ! r.,ny.9/•�/. f'dr•,P �rti. >..l.i 1., J11v.•,,.,nrJ-- /17'�i�'d?.'T- ,1t/f7rS !'E��1rC 3Q o"�Yf-1c a'>�OJ"r /x+r, ?'rtr•/i,sdIN r iosc v 'Acdilr1w ►,e . • -64F0U %4'feazi -r,,. li litGl.�'l�.e�.tJ3 .. '7':i�G e)L1I" —C e+.+.UII�N•�^le.Jljgew -�.% 4 :Signature of _ (�—", fieeeived la1r. Fee received Data FOtt PFOEE USE ONLY HT An. appeal shell be scheduled for s hearing beflore, the City Codncil.within sixty. (60) days of the f IN of the appeal unless both applicant and appellant of reviewing body consent to a: later date (NBMC. Sec. 2025;06(1). NQTE- Please subMIt • 1 (x17 eet.ot plans –12 each • One' set of maft labels (Avery 5868) for property owners within 300 ft. radius of sulked property APPEALS: Municipal Code Set 20.85 Appeal Fee: S1.550A0 pursuant: to City Council Resolution 2008-79 (Dwos(t funds ydth Ceabler in Account #2700 b0001 F: 1UsersXKN %Shared%FomtsWPPEALIAppeal •Hearing Ofiker dae Revised 02.04-0a llb [•7 :ill �l :L�rIr1i K7r Agenaa uem INO. w April 14, 2009 Attachment 3 CITY OF NEWPORT BEACH MEMORANDUM TO: Mayor and Members of the City Council FROM: Dave Mff, 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. 1. 1 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 1► [y :i�1 �l :L��IrZ; KY f/ewpod Coast Recovety- fkwW)nftme w APrd 9, 2M 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 a 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. 1 Vh 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 §20.81.038 (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. NCR UP /RA 00133 Newport Coast Reoovery— Hearmg Wormatroa - Apr# 9.2W9 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 tans were full, and one as full as the lasagna and probably a couple - - hundreds of cigarettes buitsy; 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 -08-0$ 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 add'Bon 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 potentiaNly, but there Is a probabildly of fire, and it actually occurred at that facilM; Profanity spoken by residents of NCR and profanity in music played loudly at NCR (Myers, 12 08-08, Page 57, limes 10-12 — at mentioned earlier about my two young ldds, ages 9 and 7. Well, there's constant profanity that occurs from the facility7; (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 don? even know if it's rap. It was just hideous music and profanity and everything7, (Schoonover, 12-08 -08, Page 61, fine 25, Page 62, line 1— 'they use profanity all daylong'); 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 dgareffes'). • Tenant Impacts. Addifionaily, 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 IYe 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 adequatety 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 NCR UP /RA 00135 Newport coast Recovery- marine rnA mahan 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 - -'Ids. 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. NEARING 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. Fora 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 APA'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 (D)(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)($). NCR UP /RA 00136 NewpoR Coast Recovery- Hearing lnrormation April 9. 2= 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'h and 11th 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 overooncentration 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: 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, 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 His 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 wldety 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. NCR UP /RA 00137 NOWPOri Coast Recovery —HWFMI rormatm April 9, 2009 Pegs 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 overtum 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 ft 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 classfied Newport Coast Recovery as having met . additional regulatory requirements required by ADP (Title g, CCR, Section 10572(b)(1)) to provide non - medical detoxificationsenrices. Assuming that NCR does provide "primary care" legally, the appellant's assertion assumes a spec benefit to the disabled that is provided at Newport Coast Recovery versus other ADP - classified "RES- DETOX" or other primary pre 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) • Narconon 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) [y :ill �l :L�tIrlr KR? Newport Coast Recmwy - Heaft InfOnrta0m A019, 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. NCR UP /RA 00139 Newpo r Caesr Recovery— Hoeft WoA718tM Apn7 9, 2009 page 9 FINDINGS CHART FINDINGS REQUIRED TO APPROVE A GROUP RESIDENTIAL USE PERMIT NBMC Code Section What the Finding Says, Generally j The use's location is in accord with the objectives of the Code and §20.91,035 — A.1. i 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 i 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. 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 Project includes sufficient on -site parking, traffic mitigated to a level of insignificance. §20.91A.060 - C 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. §20.91A.060 — E Buses and vans won't generate traffic substantially greater than that 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. coilection — commercial if necessary and'done within hours tarot. do not adversely impact the neighborhood. NCR UP /RA 00140 ATTACHMENT 4 Appeal of Hearing Officer's Denial of Use Permit 1216 West Balboa Blvd. (Newport Coast Recovery, LLP) Hearing 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) NCR UP /RA 00141 40,'�. Hearing Record: Proceedings regarding Newport Coast Recovery, LLC. Application for Use Permit for 1216 West Balboa Boulevard, Newport Beach, CA (UP 2008 -033) (PA 2008 -104) NCR UP /RA 00142 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. Kiff's 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. Kills 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 1 [a] :411:1l:L19rIrliCK 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. Kiffs 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 NCR UP /RA 00144 GROUP RESIDENTIAL USE PERMIT HEARING (12/$/0$): AGENDA 11287- 0011\1127414vl doc 0INCi1JaICLylLlC9, NCR 00001 City of Newport Beach GROUP RESIDENTIAL USE PERMIT HEARING, AGENDA This bearbrg is held in accordance web Nesvpot Beach Munkpat Code Cl apter20.91A (W F&MRSh AeskknI; 0bftWs). DATE: Monday, December %2WB TIME: 4:00 pm. - 6:0 pm. (Hearing must be concluded or eontimued by 6 PjrL) LOCATION: Council clambers, Newport Beach City HaN 13300 Newport Boulevard) USE PERMIT No.: t1P20ft -W3 (PA2008 -104) APPUCANT: Newport Coast RaWA", U.0 SUBJECT PROPERTY: 1216 Weal Balboa Bouevard, Newport Beach NEARING OFFICER: Thomas W.ARen An application aewesdeg approval of a Use Permit to SNOW a residential Care fadiky to operate m adult alcohol and/or drug abuse recovery treannent bcft for males ordy. This apps has bees filed N aomrdam with Ordinance No. 21)0805. which was adopted by the CNV Council In Anuoy 200L 1. HearMg Consrened (Hearing of icar) 2 Presentation of the application (Newport Beach dty staff} 3. Mp9cant comments, if any 4. Public hearing opened (Hearing Officer) • Comments are Bmlted to comrrerft about the subject pmpertt/s appBatbn and operations-,and • Common limited to dim mfinutes, unless otherwise ordered by the Hearhtg Offtoec S. Public hearing dosed (Hearing officer). �L APOSCM may offer rebutting or dar*A* comments (Applicant). 7. Hearing offfxt's questions of CRY staff or applicant. S. Hearing O(8cer determination. opthms kKk dg continuance, appMW of a use permit with conditions or deft of the use permit. in the latter two cum the Fearing OHkw may Instruct staff to prepare the Resolution for his signature. 9. Adjourmnent(HearhrgOfer). CE4Ae YWac&*kmbeard mbocat keaeraptenderdaragwemsetsef the CaBfamuEMk= MftrW0MkVAct OMOA) under Owl (Edsdnaftsi e* This class; afpnajeetshas beet detxmkad not to have a significant eileet on the andromne t and Is eaensp- f vraMNs provWom. APPEAL 10811M Use Payr db do not became effective urdB 14 dogs afterthe date ofapprowl, durhrg whet thine the deddm of the Hea ft OMm maybe appealed m the CRy Ca" NCR 00002 NCR UP /RA 00146 GROUP RESIDENTIAL USE PERMIT HEARING (12/8/08): STAFF REPORT (W/ EXHIBITS 1 -7) 11287-001 M 127414vl.doc NCR UP /RA 00147 NCR 00003 CITY OF NEWPORT BEACH PLANNING DEPARTMENT STAFF REPORT TO: I Thomas W. Allen, Hearing Officer SUBJECT: Newport Coast Recovery. 1216 W. Balboa Boulevard • Use Perm#, UP 2008 -M (PA2008 -104) APPLICANT- Newport Coast Recovery, LLC IiC PROJECT SUMMARY December 8, 2008 Agenda Item f An application for approval of a use permit to allow a residential carte facility to operate an adult alcohol andfor drug amuse recovery and treatment facility for rrrales onty. This application has been filed In accordance with Ordinance No. 2008 -05, which was adopted by the City Council in January 2008. �i • � Li � Stan recommends that the Hearing Officer conduct a pubic 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 to 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 00004 y I [a] :411 :11 :L191I11i C f•? CITY OF NEWPORT BEACH - PLANNING DEPARTMENT STAFF REPORT December 8, 2008 Agenda Item i TO: Thomas W. Alien, Hearing prylcer 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 (949) 644236 An application for approval of a use permit to allow a residential care fadfity to operate an adult alcohol and/or dnv abuse recovery and treatment facility for mates only This application has been filed In accordance with Ordinance No. 2008-05. which was adopted by the City Council in.January 2008. iL °Iu!. � � ° : to Staff recommends that the,Headng Officer conduct a public hearing, receive testimony from the appllcantrthe City of Newport Beach and its legal counsel, and members of the public. At the corrck+sian of the public hearing, staff recommends the Hewing officer continue 'he Public hearing on Use Permit 2008-033 to a date certain and direct the appfica it to submit sA required application materials to the City no litter than 21 days prior to the scheduled hearing date. NCR 00005 NCR UP /RA 00149 Newport Coast Recovery, LLC December 8. 2008 Page 3 In response to a rapidly increasing concentration of Group Resldenlial Uses within the City and the negative secondary impacts thaw uses potentially can have on residential neighborhoods In which they are located, the City Council adopted Ordinance 2008.05 In January 2008. The ordinance identiffes the following adverse. Impacts that lyploaly accompany this type of use: • Changes In the residential character of the neighborhood • Noise • Secondhand smoke • Profanity and lewd speech • Traffic congestion • Excessive hash. produced • . Excessive debris on surrounding sidewalks . The ordinance is intended to protect the integrity of the Clys reSkh"el. areas. The fundamental precept of the City's 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 orttinanoe,:ft City changed the way it regulates resklentiah uses that are not single housekeeping units. Group riving arrangements such as bcardng houses, morning houses, domtitorles, fmiami ies and sororttles, and other non - single housekeeping units were found. to be incompatible with the nature and character of the CIty's residential distrids. Residential care facimes 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 M the City's residentialyzoned areas. The ordinance prohibits any new residential care facility that Is not a single housekeeping unit from being located in the R-1, R -is and R -2 Districts, and exempts only fadlitias that are licensed by the State of Calfomia'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- Ferny Residential ('MFR*) District. Some existing group resdental: care facilities in the City became non- conformktg uses after February 20, 2008, because they were not single housekeeping units and did not have use permits. Ali 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 May 22, 2008, to continue operation. NCR 00006 3 [a] :411:11 M Newport Coast Recovery, LLC December 8, 2008 Page 4 Under the ordinance, Newport Coast Recovery, L.LC became a nonoonforrning. use. On May 20, 2008. Newport Coast Recovery, LLC subndtted a use permit application to continue the operation of due 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. The existing structure is a seven (7) unit apartment building that was constructed to 1949, when the subject property was zoned RA The property was rodassiled from R- 3 to R -2 in 1989 (Ordinance 89-24) along with othher properties to this ama. As a rem^ the subject structure is a nonoonronning structure. which. may be continued.stdod to the provisions of Chapter 20.62 (Nonconforming. Structures and Uses) of the NBMC. DIt3CUSlBt]N �[olect Settno The project site is located adjacent to and on the north side of West Balboa Boulevard between le .Street and le Street, on the Balboa Peninsula. Balboa Boulevard provides primaq,acc:ess.to the project aft with secondary access provided from .a rear public alley that also intersects with 12'' Street and I e Street As sued 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 irnmodiate vicinity. Newport Elementary School is located on the south We of West Balboa Boulevard, between 13'' Street and 10 Street. Two church properties and a pre - school are also located in dose proxhi ty to the properly 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'h Street Proierx De$¢riotion The proposed project !s a request for approval of a droop Residential Use Nernhit b slow the operation of an existing residential care facility. The iadlity is operated by Newport Coast Recovery, LLC, and is Iloensed by the State of California's Department of Alcohol and Drug Programs (ADP) to operate abut rrha&btain an aduk residertal akxbihol andlor drug abuse/recovery or treatment faciCiiy for total ooaupanCy of 29 perms. NCR 00007 ►191 MI A:LAIIII&I Newport Coast Recovery, LLC December 8, 2008 Page 5 The Group PAsidential 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 2005 -05. By scheduling the application for a public hearing, the City was not deeming the application cornpiete. The intent of scheduling this hearim 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 appiidarill has made an effort to provide some of the required materials in support of the application for a use permit. Following in sequential order are stoics efforts to cornmrmkate with the applIcard and process the application in order to deem it complete and schedule it for a public hearing. on ,pone 16, 2008, a `Notice of Incomplete AppffcatlW was sent to the app�ant describing the materials required by the City in order for the application to be deemed compkft and scheduled for a public hearfrng (Exhibit 2). On August 4, 2008, the City sent a follow ten letter (Extabit 3) to the. applicant infora ft Me applicant that failure to obtain a arse permit for the. group residential use of the property would render the use non- conforming and subject to abatement by. Februny 20. 2009. The letter also requested the required application materials described In the June 16, 2W8, 'Notice of incomplete Application" be submitted by September 2. 2008. In response to .this talker, staff received a telephone call from a of the applicant in which the caller requested an extension of time. The caner was directed to sulm it a wcittern request.ta the City, but the City never received a written co fimnatton -of the request for a time extension. On October 23, 2fm6, staff contacted the applicant's representative by telephone regarding the status of lire application and the anticipated schedule for submittal of the requested application materials. At that time the applicant's representative std the required application filing fee would be sumiitted by the end of October 2008. and the remaining materials would be submitted by the fist week of December 2008. Staff prepared an emall correspondence to the applicwWs representative sennma bbv the October 23, 2008, telephone c onversarm (Exhibit 4r however, staff did not recelve a response to this correspondence. On November 14, 200% the applicant submitted the required application fee, and on November 26, 2008, the applicant submitted a portion of the required application rnatsdals in response to the 'Notice of Incomplete Application' dated June 16. 2008. The addftiorhal materials received by the City from the applicant we included as Exhibit 5. NCR 00008 S NCR UP /RA 00152 Newport Coast Recovery, LLC December 8, 2008 age 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, Meompiete Application° 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 -application for a Group Residential Use Perms. 2. A site plan that shows the fmilitys building fooWn and property tines, property Ines and building footprints on the parcels Immediately adjacent to tine subject +POPerty including rotes as to the existing use on ad mid Parcels. 3. A copy of a Preliminary Title Report that is less than 60 days old that Wemilles the legal description of the.pncpsAy. 4. The approximate tines of departure and retum of travel dest&tations indicated on the mute maps submitted Indicairtg the transit and trust routes that will be used to traruport'cfiems off-am. 5. A building diagram and floor plan of ai,rooms Intended for reeldents' use Identifying the number of residents per Udroorn and the location and -the number d. beds for ail• resident;, stria N- the .location of beds for infants and other non amOulatory Persons. Any roans Identified as bedrooms must comply with..the•defktition of a bedroom pursuart to NBMC Section 20.03.030 and mist be consistent with Permitted floor plans on fle with the City of Newport Beads Building Department. 6. A statement as to whether or not the facility disposes of medical and/or NO waste and, if so, a plan for disposal of these materials. The Group Residential Use Permit Applications also requires the submittal of a fire clearance from tine Newport Beach Fire Marshal. in this case, the applicant provided a copy of the State ADP Form 860 dated January 6, 2004: Independent of the use permit application requirements, the Newport Beach Fire Mfarshal sent fetters (Exhibit 6) to operators of residential care facades with seven (7) or more clients in a single building M early &W mid 2008. -The Rre.Marshal requested a comprehensive code analysis be PrOPared and submitted for the review of the faciily M relation to Bulldtng and Fire Code provisions applicable to the Group R4 Occupancy Cdassilicetlon (Group Aorrmes, Illmnsed or cxnitcensed providing freabrw# ardor recovery for more titan 8 cAe O in a bWlaft. To date, the applicant has not provided the Fire Marshal with the regrusted code analysis. Therefore, the Fite Marshal is unable to confirm that the structure is physicalty suited for the use. NCR 00009 a [y :ill �l :L�rIrh N�fil Newpod Coast Recovery, LLC December 8. 2008 Page 7 The apphcatbn for use Pemhit:2om039 is incomplete at Us time, and for this reason, staff is unable to prepare an analysis of the project proposal. The ltclns retnak" to be submitted are standard submittal requirements of a use permit application. The project background and status of the. application are :presented to the Heating 001oer In the evert the Hearing Officer determines *W action on the application is aPI)ropdals at tints tine. application. In ofderto -%approve or,conditlonalily approve the application. the Hoeft Officer w - the •lo , findings I That the. proposed bastion of accord with *0 I.Y•• 1 _ Y Oft code and this purposes of go district in which the stle is boated. 2. Thet.the proposed location 01 the use permit and the proposed conditions under which it would be operated or maintained will. be ounslsUNd with the 6ieneral Plan and the purpose of the district In which the aft Is boated: will not be deblmer tae to"- public health. safety.•peaoe, morals, combrt, orwettam d persons residi g or working in or adjacent to the neighborhood of such use: and will not be detrimental to the properties on Improvements In the vicinity Or to the general wefiere.at the.c ty. 3. That the proposed use wig comply with the provisions of this code: including any specific condition required for the proposed use in the testrkd 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 sumnadzed as 1010M a. No secortal hand smoke can be detectable outside the properly b. Operations must comply with slate and local law. the submitted management plan, Including any modifications required by this Use Permit. C. A contact name and member be provided. d. No services requiring a Goense can be provided if the facility does not have a license for own smices. e. There shah be no more than 2 persons per bedroom. plus one additional resident, unless a greater occupancy Is requested and granted. Oamp3ncy, must also oompiy with State licensing if applicable. 7 NCR 00010 NCR UP /RA 00154 Newport Coast Recovery, iLC December 8, 2008 Page 8 E if certification from an entity other than ADP's licensing program Is available, applicants must get that certification. 9• AN individuals and entities Immlved in the facility's operation and ownership must be disclosed. h. No owner or manager shall have any demonstrated pattern of operating simiterfaciliGas in violation of the law. 5. The Prr.> W Includes sufficient on-alle parking Ytu the use, and traft and transportation Impacts have been mitigated to a level of u»significance. W, =77, " =IJ it 7. The use will be compatible with the character of the surrounding neighborhood, and the adam or continued maintenanos of -the use will not contribute to changing the residential character of the neighbodwod, such as creating am overconcentratlOn of residential care uses in the vicinity of the proposed arse. In making Qds IIFKW g or sustaining such a finding, the Hearing Offloor shall consider, as alpropdate, the following factors: a. The proximity of the use location to schools, Parks, other residential care facffties, outlets for alcoholic beverages and any other uses which could be affected by or affect the operation of the subJect tree; b. The wddenee of substandard physical c haaraceristics of the area In which the two Is located such as lot .widt mh setbacla; marrow streets, limited avabble parking. short blocks, and other substandard characDerlsdcs which are pervasive in certain areas of the City of Newport Beach, Induft POrtions of West Newport, Udo isle, Balboa Peninsula, Balm Island, Carona del Mar and Newport Heights, which portions were depicted on a map referred to as the Nonstandard Subrtivision Area Presented ao the Newport Beach Plaming Commission an September 2), 2007, and on file with the direct of Planning: and C. Whether, in light of the factors applied M subsections 20.91A.D.1 and 0.2, It would be appropriate to apply gte American Planning Association standard of pefmdit one or two such uses per block. Median biotic lengths to different arm of Newport Beach widely range from SW feet in the Nonstauhdard Stb*Asion Area to as much as 1,422 feet in standard subdivision areas. The average calculable block length in much of fits standard Wbcvision areas is 711 feet and the calculable median block length Is 617 feet. The Nearing Officer shall apply the American Planning NCR 00011 �? NCR UP /RA 00155 Association standard In an areas of Newport Reach In a manner that eliminates the difierenow in black lengths. In rnaW this determination, the hearing officer shall be guided by average or median block lengths In ' standard subdWons 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 giver case. A copy of tie American Planting Association standard is on file with the Director of Planning. S. The operation of buses and vans to transport residents to and from off -site activities does not generate vehicular traffic substantially greeter than that nonnal y generated by.mddential activilin In. the surrounding area. 9. Arrangements for delivery of goods are made within the hours that are compelible with and will not adversely affect the peace and quiet of neighboring properfieL 10. Arr uWments for commercial hash collection In excess of usual ntsidentiol kmtieotlon are made within hours that are compatible with and will not adveMly affect fee peace and gent of neighboring Properties. Conclusion As stated $artier In this report, use of the project site as a residential care facility may be subject' to abatement by February 20, 2009. Puns mu to Sectimr 20:62.090 of the HBW. abatement ,Procsedino for non-conforming residential care facilities may co nmenoe, unless the owner or occupant of the residential care facility has *n* applied for a use penny or reasonable a000m odalion pursuant to the provisions of Ordinance 2005-08 (Chapter 20.91A or Chapter 20:88 of the NBMC) and Is diligently PumuhV 00 administrative process as determined by the Planning Director. Staff moomawids that the Headnp Officer continue the .public hearing our Use Permit No. 2006433 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 tone to omre Ore remalnirrg suWnMW nevus and submit them to the City. The Hearing Officer may take one of the following alternative actions on the applIcallow 1. Conditlonaliy approve Use Permit 2006 -033 pursuant to making the findings stated In this report, or 2. Deny Use Permit 2008 -M based on the Information provided to date. NCR 00012 g NCR UP /RA 00156 Newport Coast Recovery, LLC Deoember 8, 2008 Page 10 The CRY Manager's Office has received correspondence (Exhibit 7) from a resident expressing concem regarding residential care facilities In his neighborhood. Specific Issues raised are density, pro)dmfty of the residential care facility to Newport Elementary School, paddng, and second -hand smoke. This activity has been deaermineed to be categorically exempt under the requirements of the California Environmental Quaity Act (CEQA) under Class 1 (F.rdstlng Facilities): This c1sss of projects has been determfned.not to have a significant effeaton the environment and is exempt from the provisions of CEO& This activity is also mmred by the general rule that CEQA appoes..only .to projects. that have the potential for causing a significant effect on the environment (Section 15t181(bj(3) of the CEQA Guidelines). It can be seen with certainty that fhere Is no Possibility that. this activity will have a signHicant effect on the environment and it is not subjeq to CEO& Notice of tftis 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. Adawally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city websfte. 1. Project application 2. June 18.2008 Nodes of Incomplete Appka*m 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 /# NCR UP /RA 00157 Exhibit No. 1 Projeef Application NCR 00014 NCR UP /RA 00158 THIS PAGE LEFT BLANK NCR UP /RA 00159 a NCR 00015 I 1 PA2009 -104 for UP2008 -033 1220 WEST BALsoA BotaEYAm Newport Cost Recwvery LLC RECEIVF" &A%V oFFlOib or MAY 20 20 KELLY S. JOHNSON wnowNCr AT LAW QMea of i" ISO ms "ece w omw Cky Manager aunt too NC1111PONt BCAON, CA WORNIA G"Go yzKzw" a cb-m 72Y " WAC91N4[ INS) flfyCOe cMMLiflgYpyWAOm 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 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 aie 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 -RUB 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, LAST OFFI S Ly S. JOHNSON K SON KSJ:tp Enclosure Cc. Newport Coast Recovery, LLC NCR UP /RA 00160 NCR 08016 PA2008-104 for UP2000-033 i220 West BALsaABc;uLFVAFm Newport Coast Recovery LLC CILYOMM"W94ach GROUP REOWNTIAL USES — USE PERMIT APPLICATION STANDARD GROUP RESIDENTIAL USE PER➢T APPLMAMON (FM 100 — Review m" 2000) STEP I: CW"081*1111104A Form 150 (abdied). STEP 2' Fill OW #* following: TYPE OFORGANIZATIM. X Fbr Profit 13 UMPMM ❑ Odw. please swain: PROPERTY OVAIERSNW- 13 Own ❑ Raid XLam ❑ Otim we*): 18 THE OPERATOMANAGER ALSO THE LESSEE OF THIS PROPl!RM X Yes ❑ No If no, plam explain: 19 THE APPLICANT OR PROGRAM OPERATOR PART OF A PARTNERSHIP, CORPORATION, FIRM, OR ASSOCIATIM X Yes 13N* Wlf*ftA&Om M s MAatMew Feral =OC(92=.app. must lcd Farm 2CW)or Pam 29OP, appkobkL (E-Mall 13 NCR UP/RA 00161 NCR 00017 /Y a SUM ] ,n A. You Fbm's Cumd Wm po ywr w yow firm (or any emky or person affib d uft you or your firm) Omw* OPembk maMpe, Of mm other group residers uses i0 Newport Beach? 0 Yes X No tf ye% dle addresses) of y(fa) (auch mire papseU mC"sagk Sbe Address Type Of Use Bed Capo* She Address Type at um Bw Sipe Address Typed use Bed Capadly Sb Addm$e Type of use Bed Cqm* Sib Address Typo of use I Bed Cape* SPoS address Type of use Bed Sbs Addrm Type of use Bad Cape* Sbe Adder Type Buse Bad Y She Pddmu Type of use Bid Cop* Sft Address Typo of use Bed Capadly Sks Address Type d use Bed Cape* SIM Address TYPd of Use Bed cow* 10 /,S NCR OOO18 [y :isl �l :LiirIry [3�� • . B. Odwr Sknamr Uses. whet uses, not ( you or vorrtAmo are of a type as yaw` pr�oaed use here in 'Newport Beech? f+hase die ee) d feditYfrae) (ettaclr more pages if rreoeseaW. Ble Address Typ of use mm Cape* Ske Addrm Type of use gad Cops* Ske Addits Type of Use aed CepacUy Sks Address Type d Use SedCap;d* Ske Addrm Type of V" ow copadly SM Address Type of Use Bed Capedgr Ska Address Type of Use Bed Capadfy Ske Address Type d Use Bed Capedgt Sib Addee w Type of Use Bed Cepac%y SUAddMSS Type Buse so Capacky %a Address Typed tree Bed C IW* C. E MOM of Need 1orthb ExWt of Up. Per MWC §il0.91A030 (4 0eM ' l- I Evtdwm of Cepnw and Need by msidmrta of Newport Beach for uft capedty based on pUbbhed aouroes. pw00 MQ* met of MIMIC I".91AAAG & K In the east five 183 very m hm you or yore 00 or anyWM Of Pemorr alfaeted with you or yowetm opmatad, maneped, or ow od oaw9r group mddemw wise in coonw X Yes ❑ No If yes. show the Otte wee) Of catch bc*A u) and slaw w1e9ror the faci"Iss) Imm aver Wo in vmmbn of Federal, Slme or b* law taftch addi wW pC N recessmy): UN&-Iqnto ADP4MMW Fadlkv a 11 NCR 00019 'P& NCR UP /RA 00163 ,Street Address. Cky Type of Use Bed Capacity Has this facility or your operagons at this faciily, ever been in vlolalitln of State or kKW lax? ❑ Yes X140 It Yes, please explain: FWJNy •f 1219 W, Bm&m-Bhrg[- Mmmon MZMMM con .4 StreetAciftWOly Type Of Use Bed Cam Has tlde %CIRY orYmr opovdons at Mb feciiity, error bean in vbWm of State or local lax? ❑ Yes ❑ No d Yes, please ealplalo: Fac*#22 Street Aditw, City Type of Use seal Capacity Has thh faollittf of your Womo ns at thts fa try. ever been in vfoladon of State or total lox? E3 Yes ❑ No if Yes, please awax Fad7By#3 Street Address. City Type of Use Bed Cepecity Has d" bft. Or your opem§Ons at tlafs bcfy. ever been In vWdma of State or local lax? El Yes ❑ No IlYss, please eucptetra; FacW 64 Street City Type of Use Bed Caapedly Has ads faci ty orymr olm"Wa at this tadYgr. ever been In *Wm of Side of local lax? El Yes No 12 NCR 00020 / NCR UP /RA 00164 t Yes, please e3q;Wm Provider♦ Lao Wn ROMP shMAV the buftn of the Proposed Use Plus al known o m ffdm t urea w0 h a hve- bbd* racus. lm*O the propeuty addressee of Me proposed uss and bhoam oo dbmal uses. Please consult the Newport Bead* Plennkhg DWwbmd (940444-=5) for nearby OmMonal uses. E-7 -h- Prows waft PIN that shows the macolve bdtdrhg boo" mW properly Ikhee. Indude prgmV Wm and kd*V adJacarht pateala Note the uses (Le. abgle mw ram wow msdwm wk orofher) on .: « =: Fi .�w= :::af. it •.:� .' _,ii.. �.* A Per MM 9M.91AC30(H), Please shenmadae She Mons and pemdt hlebcry of each tacilky apPloord or operator has managed, MMOK oroperakd'kh the Subs of Cail/omia wthkh nee last Mm (5) Yom which mWre eiduer a @canoe 6r pemdb by Bhe Sloe or by a bcekty (attach adOOM sheets if neceemy)r P1e03e,410" fe the micas of the pcenae or use pemlK Ore bashdngagenay, its reks= number (t.spp0cabte), and any onkmmm t sc om by any agency a9aind She fames or use pemtik B. Has the applbml ever vduft* sumendated, had a demK suepermiam or savocadonof a reelderAal Ibease for an alcahohm or dnp abuse raoovery or beabu>md W ty or a %dlny kwuled by the CaWwnis Dsparhaent of AW*l and Drug RUIPWRO VMP) or She CsDOmis Depmbeahtof Sodas Services - Communty Care Uoe Wrq? ❑Yes XNo If the data lk>dhsa was sorrerhdered, denied, eusper*ded, or revoked: Rem" for revoco lon, surfendwy denial, or wlspwmbn: C. Hea tw ap IM4 aver wnlunfady Surrerhdehed, had a denW. suepensbn, or rehrocadon of a Use Pemdtor simflw Pw" kr a group mWdwft use in tlda *wmnnmtj or anther commmW ❑ Yes X No 13 NCR 00021 /S NCR UP /RA 00165 If yes, ON date Ues Permit (Or e1011150 was surrendered, denied, suspend of rwmke& Rmon for revocallm. eunender, dw* or suspera im: D. Has IM applicant aver vQkmtarry surrendered, had a dente, suspension or revocation of a cogmum by any PUI* or Ptva% apancy 0tiror than ADP of Oro Ca■omb Department of Soda) SeMmn-Communky Cars Lkensirtg fare row m andiel use in this con munity or armew community/ ayes XNo It yes, the dais Use Permit (or simW was surrendered. denied, suspended, or revoked: Reason fcr mv=110% sunander, danist, or suspen on: E. NATI■tE AND CHA1tJ►CTERDTI OF hROPpB�^ Per NOW 1XIIIIA. 030( A -0), please pm" Ore fa&VAV information about eea:h woposed feeSly (agwh additional sheets O neoeasay The Components Of Oda 6ectim 0 (end outer sectional comprise the'Operetbu sad AAareganrenf PAR and RLdn of Conduderwbimw by NSMC §Kgl&050.8: A. TYPE OF ALOWM ANDIOR OTHM DRUG RECO11M OR TREATI ENT SERVICES, PROVIDED (for AORAcertsed 1a �At — check a0>tret Ripply}: ■ Q X One4n -ow Soubns X Educallwal Session X Recovery or Treat PlannkV . ❑ Olhw.. IL NUtiDERS AND TYPES OF FACLITV USM d, STAFF: TOTAL OCCUPANCY OF FACU,IW fRds IS the matdmrrm number of IrdMduals who We at the fw* and Ora spp'iad by the lire safety k"inctor,) Them Individuals Include the residents receiving recwary, "dnwAQr detw d 9wvb" d"M of Ora residence, and aUO. Staff inckides indWuals who wok for the appNcmtt In etrgtarge for ei0reraan dbry or inddnd cwWw eallon (&q., roan and board). Total occrrpax:y canto be macseded for any 'rage t, MAXIMtU1M REQ XWW ADULT RESDENT CAPACITY OF THE FACILITY (TM mwdm of adult residoft Utat (eceNa raoovery, itaabaatt err datmdffcaOon services at ant' onetime sift carod tm yrestx tlron the tarot acctOartty shown above): YAXRAUM NIIMIIIER AND AGE RANGE OF DOWMENT CHILDREN WHO ARE SLpERMW BY TiM PNWff(S) IN THE FM Lriy. This includes lentpamy msMV a @a, awnftK weekend vleMa) of dsidron. (ninon there must always be st best one s*A bawg saved, the maximum number of dspendad ddldrsn housed must be at beat ale less Cron the kW wjpwW, &bm*wd by"lira krspsc w. asdr0wnabove): 14 NCR 00022 / 9 NCR UP /RA 00166 ` - ' Are 80 dlattffi who reside an-aft disabled paeans? _ Number Of start who wi8 reside on-sw Mmdmum number of"who w(t provide ssndaa duriap any Ohawvi* to diEMdts atitm PnM& IM Enft Ofto Fam shown as Farm 409 to iftt Appikaflom TOW nun4 of wril"oes of providar. Please dwacterin the nahae rd staff servioea to tre WRY ti.e., mdromi st , massage Vw*W cout"I 's. maids, moots. owl Mah4mum tasmber d diems who wR use the fte ft at arya» rby but nedde elseMf Madmhln mm*erof dkmt vhdm who WE visit the facility dining any ate weak Me* Um Mmdwof others who will visit she Maly dwkv gray ow week FMeate ehhpkiiK C BULDINGDMORAWFI.00RFLAN Include a Bhttding Dlagrarm showing all butdin9ta) io be OOM& d, ka kMq a goer plan of all room such ded for asskkwV use. badude the grounds sit mft Ixrtdi . setbadas. dttvewr ^ f nosy slro'age treft pools, g a. recreatoaal arm wd WM spaces. At sketches shalt Nrow dMbnaioru butneed M be to scale. kksdily the number of tseldaAs Per bedroom end the location sad the number of bode brag reaklalts, ktdhd M the baths of beds for Itt<anla and ether nom4m* Aetdiy persona. The BWwft Olagram atrppbd . with tit apptoaton naval be acaaate as to atdmkp coed imm In tM t u#dirp and must be ommuslent WM the hd tlp Plem CUM* On tie Wilk the Nespolt Bsatlh BaASV Dap wbnW for permitted oo ainCtift D. DURATION OF TMAL CLEW WAY IN FACILITY (ba daysk Uyou wm. plaese mpmkc E M THE FACILITY ACCESSME TO INDW VIIALB IN Wigag"Aft OR OTHER NONAMB"ToRY ❑Yes []No NOM The AmerbNM Wilk DI1a16111e1 Act of IBM VON Is a compaahudve fedaai won law far People wigs diesbtltaa. Tha Col remkhds all puo*km of tmddentY recovery Witi s dust ox&*wtan Nwh* Ptttwehs wm dra wAo tpro Wed. Fbees ew bd Newport Beach's Bhd" DWounent (949-0"- 3215) 'Or WOOD ADA mommeaft do may applyb yaw bcft. F. ACTIM MORMATION Hours which heft vM be in has: 16 NCR 00023 ZD NCR UP /RA 00167 132417 ❑ 0IhW (Please deecrbe) Will there be a axfewR If 5% plea" note Qkdet hmm Cllop.m. -aa.m. ❑odm(pimsedesuft) Bealdes hrousahold abet %fiat types of earetefated activities will oar a "lle. mW how many reatdents and nonqeWo is (Yttduding suff wW ctianta (mm other fa Mi ) wia abmW ❑ OAK li Ps Mftbn s ❑ Physical Fibwm (gym. Yoga. etc) ❑ ADP Tmabmm (see GN _ ❑ 00mwellnese (MUNN e, 010 ❑ Meal wep nft daYvwy_ ❑ t)tlrw: "TU77,7717= =17 Q DEUVIW WFORMArom: VWrat types of deihredoe will occur at the baft and how often (per day or perwealk —circle whichever Is amilo le) will Uisy 000" ❑ Lawo*y Sevfcea davarwedk ❑ Trash deposal orrecykding: 9L+asetc ❑ mmk _ /dav W weak ❑.suabrem pr *mw Idov erweek ❑ . Packages (other than USPS$ /day ar week ❑ Medical PmdudalMedical wrote Pickup: jay 4f week ❑ Otfrer nor week K TRAN8PmAmN AND PArdwm: Will dents reatding on -efie be ak wed to use Personal vehicles and/or keep dmn M-aft or nearby? ❑ yes ❑ No N You. describe where rdieme will park personal vaFici a (garage, carpal, onabeet Iocallon, olfw —Koa- St eet be apecfpc about which dm ft) If No. descdbe dlW modes of irampo Odorr that dents VA use (buy. Other irensk O WCW 000. P%M provide a Route Map ahMft UMM and bavel mkdea dral wW be used to Rampart dents cif site. aIM" destlrallone of travel and approxlmata It m of deparkkne and realm: �e Z/ NCR 00024 • YaNI staff serving the %dity be Wowed to drive personal Wddes,to the ape? ❑ Yes 0 No N Yea, descrbe where staff wig pack peraanal veMcme (garage, carpoM onehed bcgbM oaaer— N o 4*wst, be species about which sbew) NOTE: The city may not Mooriae on -stray pakln9 for coants or SWdapov" upon how hpacled the bdivs atreets are. MEDICAL. AND SIO -WASTE NBMC §&04.12o ("smelt and sauritaaon: PMhMWf Matedafe) prolifbNs the deposal of aorWn m6" walla or btswaete Into the CNys refuse dlop=d SyrttgW. neeMes: udnayeis cups. and otherweMe moat be dhpaeed at In aooadance WM tiro NBMC and ether appNcabb taws. It you aro tmoateirt as b whet wades can be disposed of fn the CiVs d Woed systemrcontact d" Cqu Cv na d Smvkes Departmw t a, App who wD.be dbpo ft me&*waste or other bb wasterrpid provide s and Me -weals shoait,A now ana vmaro arose weMas me disposed d (reaalrea by4ttuec ;2o.9�a.aillq. Plane atladr the Disposal Plan if appladit If you have them..plaasefoclydeanY dDCumsnfs that deeafba AN $ Of c9WMbduct arblar Good N&Wg ar tlrat ywur facRys stmt and diems wil adne'e b M pre CNy issues a Use.Permlt for ttNs faclpy. The City of Nevyraf Daach has devebped Qaoylaralpfrparprin *fn fordwo uses (see Sts CNI(s websita under Group ResiderM Uses). Pteaeestets *MOW you*" VGWntartly b CDC" WO are C" Good Aletghborfticfrtex X Yes O No IL OTHER AVAUSIX CERTMCATION$ NBMC §20.91A.050.C.4 duds ow appWwrrte she/ altabr oe rCedon (or a lnlarvspdsAon). where avapa b �romagovsmrrafrtblagangaqualflsdraorrprolRargehtalon. ThisinapWes; • The Orange County S WWS Oeparbt Mrs Orange Coiedy Adult Alcolwl and Drug Sober L Mfig FWARIN CNI fiwdon Program (see Wougom for more Inbrmsonor =ftd CerdAcs"0oordnew It Jeff Bafftkdi7WT734=or or Margo ONaaa1 714- 7 73 4621at TNa ceffoellon Is rsyubed. • T�O OMW CQredy Sober uvprg Natw * (sea or canbd Grant MCNO at 714- 87S20b4. TMs CKWC atlon b rsoanarbatbd You 'do not have b alMn fire 0080 cerM6oadart to apply for a Use Panel; but we sins[ vw you attain the aarmc don W111* a rOSMOble amcuetof time (WOW (121 WOW k0wi p Yaw appkdm orbrtW Shordd a flee PbMA be b@uaq M awy Wk de a M 1200nthat aerill4allon be obtakW WkW a stated Lima period HYei have albhted fhb cad5cegan prior b spoft for go Use pSNA ve ft We that you have attained tNe . sad attach Nn vadMag docamud 6om Ilm wr9yhrg a W.. 17 NCR 00025 ZZ .. . 8. 10. ❑ Orange C=* Adult Alcohol and Dfug Sober LMng FwWes CertlRcadon (required) ❑ Orange County sober LAdng Network (raged) O Oliver (vlease da=U*) L, SECONDHAND 8mM uwrATION8 N8MC.§M91A.O50.A.dfecm tir,9f'no deft, ctierds guests. orany QOW Uses of tine y may smoke In an area from which Ohs eeoondhand amok may be demced on any panel other that the parcel upon which the facft Is bomb& Check and 30 ham 10 aclumledgethis re**enwd and your use's adhererm to it X I adarowledge Drat h wAl control seeoedhand Mole on my factW skldrOad no secondband smoke magi be demc9sd an arty panxl otlner than 10 Parcel upon which my faaft Is located. sigrmkra Date~ APPLICANT 08LKiAMM A. The'MNW of r000rd' of Ore paopedy or an authorhred agent mat soft Wi)llcallort under Section to me og drat go appYcant awnes, under penal p VAded wkMrf OieMpticati &W Ne aftdcrnenfs is tore and correct. Per statements are grounds for denial or revocation... Stiprirng the brat tine Irfiornuffim 10.030.C. false IL The Appkant adsnowlodgas Oed he or ohs must ookrgiywgh aA Ww,FedwA State, and boat laws and � reguieficna M crow bggto Oft for The ea of the i The that a vroiabon of Federal. Side, and local laws Is d mM dm Is grounds law m l underarm and acaiowfedgee that it P kle boebnent (ae deflnned) in an unlicensed tad*. C: lf Ore Cky Issues a Use Paink based on tine Wwmdm provided in fhb AWi wdm the M *anrS Swdwa, below his orher agraema %m oompry:wdh the tam of the Use Pamlt. The ApptieirN tardasmnds adanowledges dw non- cornpurm wlth ft terms of an use Permute pkamds mr revocation of the pannt Revocation *tow Uee PWM L NEW §20.g8.040.E PMMN Onaf to City can revoke a Use Permit N • The Pamlt was issued under aroneoue irdorrnratbn or mkrapnasnmtlon or • The appdcant made a fafae or WdWm kng stmarnent of mamdd tact, or Dodged a material feet or • The conditions of use a amer regu WOM Of laws have been vbkbd; or • Thera has been a dleconlintwoe of use for 180 days or more.. THE UNIMPA tiNED ASSURES THAT THE 01FORLIATION PROVDM ON THIS APPUCATM 18 TRUE AND COW= AND THAT THE APPLICANT HAS READ AND LVMERBTOOD HIS OR HER OBLWATIONB UNDER ANY USE PERmrr Moueo sAwD ON THE APPLICATION. A. Ndro apptiatrdis a sob proprlemr, doe apptieation elms signed by One prapdeta_ IL If ttm a~ Is a parinashIA Ore apppcalbn atoll be *nod by each pacbksr. C. If Ore apptbant fe a firm aaocfation, co►P MdM may. W Wblic agency or ollwoowmma+lal and4f. the gMkWon ad be slgrred by Oaa chef ore majooftioerorthe individual too* responsible for reprasar" theapncU 18 [y :ill �l :L�nIr1r PLC NCR 00028 23 •T s I D. The spgk/aNWS) affi"m that eie facts owtsked in fhls application and sM dng docwmeMa we true and oorrecL (ft ) MIS) (090) (Signature) (Tide) (Dow) 19 NCR UP /RA 00171 NCR 00027 2 i s i 19 NCR UP /RA 00171 NCR 00027 2 Exhibit No. 2 Notice of Incomplete Application Dated June 16, 2008 NCR 00028 Z S NCR UP /RA 00172 THIS PAGE LEFT BLANK INTENTIONALLY NCR 00029 z � NCR UP /RA 00173 .June 19, 2009 CFtY OF NEWPOftr BEACH rLl MNM WAtrtUM aaoo NEWPOttr 9OULEVam NeMmC W WAX on tmeee (M M4 =ft t FAX (A" et4" M& MY S .f ohrAan 190 Newport fames Oft &ft"0 WWAP tt DOWN CA 92090 NOTICE OF RWO1VLWM APPLJCAIM Uaa Pam$ No.2000 -M Property bcaMd at 1210 bleat SOm Bwr wvA Newport Send% CA vfawpwtcowl tieoonsry, UD) This Iedsr Serves m MWcWM OW ft PbnFiep Dsperbrrert is h WOW of W appf Om address. Upo roMew d ywrWwttnOlsd dommvxrls w4 er 11 ks, apron tm l om aeanrsd inoomF M Pbaas provide era fobwbg: 1. A slyrred elWdpvit htro tw prop" oraror aut on ft the aubtnidal of #0 aPPIMM far a oro4P °Raddendaltlsa Pamik. 2. A ftv tee. of $Z2WW as a depost ogod ufidr swim Spent I the Use ParmRapOicadmvri be flied at en to * tape of $13600 perhour. s A Sde pan dwt shwa tw taaJBtya butJdbp k and p7► w+e0. Pry does and bukft %alprirls on des peraeis Nsnsdlably ad�aoerrt to the suhjssd properly induvap notnaaf,ofte in uwana�aoentt�eroels 4. A copy of a Prr dmiwy Yfba Rapott or properly prole trolls bras tree W days ON 60 kbrdMss lw apst deaatpdorr oftrs propoo. 6. Approved ft dearanoa tam #ra Naspat Basch Fla L%-*wL 6 Ara to mep isieatlrlp tft b=dt or d tmd rouin dslvA bs used to tiarmport alerts atF W* dwwkg dens *ft% dbswJ and spprm3nats ones of dopMm and rabm 7. of y= Stab doafss or perl" fiaarns J t{ yarn faafwy ragdsu a JVAft & A bd ft - q and fbsr pan of d roans I I I i if for f moor' i me i3enll i 4 ris raerto Of F. I—PnI per bsdraan end 9n beatiort and.tre merrbw of beds for at reatderrs, kdrdrp to besdar of bale far' I ', and other norwnbuk" persarrs lb NBMCC Sa 20MM odsnd m ntt be car *1 I vAh parmltled f w p wM #wCdy dNrrwpart Bsocir Butfdbrp DWwbnsrk a COMbbld CRY Of Newport Befth appdcadorr Fans 160 (a*nW*SW at db dor NCR 00030 27 NCR UP /RA 00174 E 1': IKK 10. Campked City of NawW Beach apPtkwiiorc Forms 2000 or 200P aid tie appftW Farm 200D {mpera0e kmn0ly). 11. A rocrte crisp Mudra*V transit and travel cornea dud wi be used to hunwort cler otF ells, dwwkv desdnetlora of as a WW app o*nsb Ames of deparaaa and ream. 12. If the faft dfepoaes of medical an w No waste6 a plan for disposed of !Bose and dak is 13. MY apptiodm Fan 400 gaftsuft place 14. CRY appiedm Farts 000 (*Oft actlNtlss scheci de). 18. A w Om ddemant.fh6t'atie to Your only faft, or IF you operate more than one fea ty, 8d" w4ft oe of Oce rmd by m derlb d Newport teach far to 1, 4 of the -oasd kcaY. based onperbis W sateces. Per are mq*omft d NOW Bestial 20.91.A.030. In a*Mm to the above are apptr dm must also k4ift aubmi W d a kcallon map dmwarp all conditlonat cress wttirfn a awes block radius of as a dOct powaly in order tie be loaned cmvw ally down pnepwe ads location map for Your appN orc mtrg the CWs G da dnn and other tnkmwftL lf YOU h" OW qJOftm or need aaetsfanoe, Pews do not heabb to confetti me at (59'2) 439- 9144. SiroarllY. BY Corcpad Pkracor MsereWWWWrOMAWAS - PAMMOAM2009M k=MPie<e doe NCR UP /RA 00175 NCR 00!)31 2 Exhibit No. 3 Letter to Applicant Dated August 4, 2008 NCR 00032 Zg 0INCi1191CLIVILLUP, I THIS PAGE LEFT BLANK INTENTIONALLY NCR UP /RA 00177 NCR 00033 '30 ROMPS PLANNING DEPARTMENT 3= Nelmod thoulerare, C. d erk CA t (9491644-32M Fax (9w)6" -32N wobft August 4, 2008 Ms. Ki* S. Johnson 190 Newport Center Drive, Suite 100 Newport Beach. CA 0¢880 Dear Ms. Johnson: Su430a Property brretted at 1218 West Balboa Blvd. Use Perwd No. 2008.033 On June 18, 2008, the City of Newport Beach sent you rain of receipt of an application for a Group Residential Use Pena for the above referenoad property. The letter advised tat On application has been reviewed and is incomplete because various items required per Section 20.01A.030 of do Newport Beach Munl*W Code (NBMC) were not k9luded. Specifically. your application did not contain lire fottovskV • A signed aMdavpt from the property owner authorrzing the submittal of the application for a (3n;up Residential the Permit. • A tiling fee of $2,200.00 as a deposit. • A site plan that show the facility's building faotpdnt and properly lures. Pir)Perh► Ines and building footprints on the parools insnedM* ar9acent to the subject P14". including notes of the existing uses on the adjacent parcels. • A copy of a Pmknlnary T91e Report or properly profile that is less than 80 days old that verifies the legal owner of the property. • Approved tare clearance frorn the Newport Beach Fire Marshal. • A route MW showing the transit and travel routs used by the faodity to transport dents off -elte, showing probable destination of travel and approximate thnes of departure and return. • A copy of your State'9oense or pending license application If your facility requires a Stile kense. NCR 00034 '31 NCR UP /RA 00178 1218 West Balboa Blvd. Use Permit No. 2008-033 Page 2 • A binding diagram and floor plan of all room Mianded for residents, use berhftiying the number of residents per bedroom and the location and the numbs of beds for all residerts. • A oompleted Application Form 150 (admInistrator or director i rfonmstion). • Cormpleted Application Fora 200C or 200P, and as applicable. Form 2000 (corporate identity). • If the facility dh:poaes Of medical awft bb waste, a plan for disposal of these materials. H the faoltily does not dispose of medical and/or bb waste, plasse proWe a statement to that effect. • A completed Applba ft Form 400 (i d*/ sUMV plan). • A completed Appne aft Form 500 (vr "adivities schedule). • A written statement that this is your only tacly. K you operate more than one facility. please Submit evidence of the need by residents of Newport beach for the capecily of the subject facility. A copy of the June 18, 2008, left is attached for your refer mos. it has been more then a month since that correspor%Wnoe, and as of this date, we have not received the herbs mWffW to deem yourr application complete. We are unable to process your use permit application and schedule a public hearing urd we receive these items. In the mearane, we are M the process of czrrp MDV the b"Um wrap cf other similar uses, which will be sent to you for yore hdonnadon and placed M your use permit application tile. Please be advised that fatiure to obtain a use permit for the group residential use of the above referenced properly shat render the use of property no coffr mft. Nonconforming tees of pmperty are subject to abatement, per Section 20.82.090 of the spat Beech Municipal Code. such abatement must occur (I.& the. use Must 09e) by the sooner of: • Febnrey 20, 2009; or • The dais at which your lease euphes to use the proper 'This is only apps If the lease was entered Into prior to December 7, 2007 (Section 20.t1Y.090A2.a.l) Once the application is deemed complete, we will schedule a pubic heering before a Hearing Ofker. The Hearing ONber is designated to approve. caWWonatiy approve or disapprove applications for a group residential use per The Hearing OfAoges decision may be appealed 10 the City Council. The City Coundl can sustain, reverse, or modify the Hearing pillow's decision. NCR 00035 32- NCR UP /RA 00179 i Ndbe d, oampMlf ApptwAw� unp4m fnw.2o6aaos Papz t0. Capiie tib d Nwlped 6MM Fm s 2W or 200 awl s aypiowAs Iita 2000.(awpwweidww�. tt. Amd* mqf LNaYgfAla- mdbwdmdn%dvAbmauebh'ieapwl tli�i dF da dfoafpdwfnMwadewdrwappg lwd�bdeddtpwbnwdmhfn 12. if�t� dmeQalWWW bwmW&F�lhrdpwiwdepmm W4 11 Coy 5a1 Fme40e0awfyeh6Yippb* 14 CMIe00F9aw000Qwydyacf�fitswtuiN} . I& AtaOwlddlmrdfatfA�iOarmbMdfy arfDayapmdemwafaomshdir. wunitaAdmodf ramby a sui far" p*affrwgtd taeNb.MwempbMMOewrael pwfdmagmwgqrNW B6mdm2G.ftAeff In aMMI&dw dXW #e pgomfm End do* OWAMb WAMW Of b*WM I, 'Gas oatleYontl u tdite a f m 61oEl.adat. Of f» ad jd I 'I b w anfw 14 he drerd 000". Olb ow-VA pier" mom mm tar ya+ qF1 ww %I*v Iwo" an arr�adafwrkkna� _ 'vywhr ow1,1 9, ar"d�rWMw.piew do ad hwAiEsbmrAtl mat�p4,p- . show*. D oy 17ardtedlymwr .Kaipd�Kcoap I ew ohmmlinAfer NCR UP /RA 00180 NCR 00036 3-3 THIS PAGE LEFT BLANK INTENTIONALLY NCR 00037 "31j NCR UP /RA 00181 dbit No. 4 ;orrespondence )cfober 23, 2008 0INCi11alCLXILSBY% NCR 00038 a,5 THIS PAGE LEFT BLANK INTENTIONALLY NCR 00039 3 10141"411alCLylLy1.141 Par IofI Frame DdbbyUnn xeq Beet M aeft.Ociober23.200810MM1 co: JOM*Browe CoedRemm V CUP Theaio� tor. ftc**day.Parow eomermumm luodmftdihdyouareaarw *wlxlA Yae'CW -1. - I be aA 12181K 0ouisvwd. aed *dyan mb g 0a app0cWm by Mee ww of OcOObe►VMNemmeiibgmquMmetada i abesu1 11- dbytie*dws*GfU*0enba: Fl s ldmlmdW if you ++esd eay aeeiebvna 1a your eAodr b- lelslh amp appeammUL eaatRap�s, Debby Linn Limon Ic Associates 8M Molino Avenue Lang Beady CA, 908% Mmm (542)433.9444 Fax i5r21433-7190 NCR UP /RA 00184 NCR 00040 ,3 THIS PAGE LEFT BLANK INTENTIONALLY NCR 00041 3 0INCi1JaICLylLS6R Exhibit No. 5 Application Materials bmitted November 25, 2008 NCR UP /RA 00186 NCR 00042 3q THIS PAGE LEFT BLANK INTENTIONALLY NCR 00043 Ll I 0INCi1JaICLWlLSBb L1i Frorm Brown. Janet Seat: Tuesday, Nmrember 2k 20088:21 PM To: Uebby Ur W Subject" Newpgt C086t R6oDYBty Attechmerws: 20081125t82209.pdr FN Debby, Attachad are the items submitted today by Shannon Armand, 6cect ve Asskstank for NOM)ort Coast Recovery. Each item is numbered to correspond with the netts Ikted in the June 16 latter of I'9 tak w8h you in the morning regarding your report. rr7 t NCR 00044 U j NCR UP /RA 00188 I f i t c g + _ n` S T NCR UP /RA 00189 3 OR NCR 00045 LIZ N NCR UP /RA 00189 3 OR NCR 00045 LIZ 1 S i i iI 1 FIRE SAFETY QYNPWWN REQI/ W saah osucMu Bari m 'AW 4 #Ay iaf 4 lAe✓d l� lta game ~ R . . uam"M0 r{ pct MiMI@ AM - L J - t�ma� aueq iK61',' J. a+�nwrrpNwoE �. aMM919NpNpOf: 6Aaape?eO,r,Oi 4r�a+eawrae.. 1. a►wa ►►' 29 27 awa,r ouxa m a9 awmWomm"Ouftow" L i✓d / bey F wrmfemaroe °� A .ia614. _ CA,. Rat: CAIPACtN TO W COMPUMM er OdWOMM A MORWIr r WVOFKKWM ,�� PVEDEPAfiTMBiT Mw+�uo P.O.HQ7I1786 s a�eawaweeoa.so � "°° �WPOR7 8k1, CA X15 A. vets � �� a mnsn�uanow C. me ^AM i awes omrwm^a� /� •rtt 1�%t/Y', !' ! 91 4p i�ti -310 1 G. omae FMCBVEDBV >pa iii-, aawNSO . ./ MN 252" CROF WM NCR 00046 NCR UP /RA 00190 Directions to 4019 Weeta4 Pl, Ste 100, Newport Beach, CA 92880 -2316 Directions to 4019 westerly Pi, Ste 100, Newport "JOLMOCX LOCAL Beach, CA 92660 -2316 _ paplafl a]yE i I i When u ft any Odvkq dhodbn or map. k%a good Wan to do a ,salty thak srNro make Pm Me rasa AEI etdAs, . .retch out for oonatnietlan, and fall" al "ft safety XMbWna; thho In o* to be usd as an aN In pkmhg. i IiDY 25.2Q�3 � CVAr NCR 00041 y7 �P�t��a�. aotn /prLttt4artt^184.w8= 04:.i».tl =t :� `: r: 98b8c... 1OJ2216008 NCR UP /RA 00191 to 901 Raver Dr, Ste 204, Newport Beach, CA 92680.5516 Directions to 901 Dover Dr, Ste 284, Newport BOO[ UXAAL Beach, CA 928803518 TOM Tkea: 11 mW^ ToWMime: 4.17 Image [� ,, y� 1lA, �C� SmvnM and Natal \ I...L9i�JlA Mx vs START P NN P Id Q" P9txrW* tU47!?- 121t. W Btdbo ft4 Netrpmt m - A cA 09001.1000 F1MSH p 001 ftm 0r, ft;l A, N*Wm . Beach. CA 026d0410 Page 1 of 1 C_S2> wken ashy alp ddvkg dNeetlmia ar map n's a good Ws to do a.eaAty otaxk aMd make wore tka /nad stW artety 116cmWay wM M out for cmabvdion, and 10eoa all haffic safety praceatlons. Tnis IS only to 6g used as an OW in qVMMDBWHMW MW 25 2008 CRY OF NFME* NCR 00048 ys f h++n•Nm ana Owj1M mswfnwin }7wsrirl Fn.R -1'1�, i„ �1= naALbRAnalR.wt+= A.w1e1c -OQ &aI QARJL YA/MMMQ NCR UP /RA 00192 Dimtions to 414 32nd St. Newport Bwwh, CA 92MB-8901 DiroCtIong to 414 32nd St, Newport Beach, CA "JOL1400E LOCAL 92663-3801 Tom TkM 5 ming, TOW Diettow. US man 3f 7- wb" uckdanyareting aecftu or WAR, ft a Send Mau do a ma&V &&Mnd makes= the road stS exlaft. watch 04 Me makuddak and ftIWA al tark safety WuBvUwm Thki is a* to bi used as an old In 08MOV. I RANNNODSMOM MV 25 M. CROMWE0 NCR 0048 NCR UP/RA 00193 Pavlof] 0 may is as omap License and Certfficadon Al In vownfame wRh apA*abbprovi*w of the HeaM and;$a/ety'Code of CWTomfa end ka rtft. regL4aVmn4 and ate the Deparbneant ofAk�olalandt7rug Ptap{arnahereb)+�en�ea �doerdliea: NEWPORT COASTRECOVORY, L.P to One/ n�ansry or6�ebnen(fee�g the,lhNoNS�ng name mrdAvCa�ir: 1Vl T CORST REC01E41, �LP. 1�+�'Yi�¢TBiALBAA BOARD . . = m s m TOM tdcsPVW forkoa tan k A6nW to: 28 � MALES ORLY POW in Tatgat PapuWan FAtecA v 02001J�O8) 90O156RP cuo noAete d 1DpfeaeVOnDe6r M/3!lYtJtO NCR UP /RA 001'94 NCR OOOSO 97 i BUMDMG SUTM ""WAdft Mcf ,BY RECEMBY warms NOV 25 I ffi)T 11' 1 NCR 00051 �$ r _r�� =i I i i �� =EXIT EXIT you Are Here Meeting Room NCR UP /RA 00197 EXIT KCAM BY PUINNNB OEPWM" NOV 25 2000 CBYOF NNWBW I NCR 00053 5 i Bedroorn YOu Are Here Exit * -4. Bathroom NOV 25 C" OF RMBE* -._ NCR UP /RA 00198 NCR 00054 To Stairs You Are Here Exit * - Wing Room Bedroom Bedroom Apt. 3 o 1 MW 2520 CM OF N"6EAGN � NCR 00055 �� NCR UP /RA 00199 I You Are Here Exit Living Roam •ti+ a I ww# f a Bedroom NCR UP /RA 00200 wcMw RAWN DWAVAM MN zs zoo S3 Ant a NCR OOM i I . i( i i i I I J 1 NCR UP /RA 00202 MW 25 MOF NCR 00058 S '��'• °�s� $: A��'r5 iv ' "i` i�i:i t .vT rYi� _: • •:e � .I . .. t ` Y You Are Here Exit "... Bedroom Living Room: NCR UP /RA 00203 Apt.7 �b�pR�iMI�R. Felt 25 M cffOF s� NCR OD089 City of Newport Such RECHADW GROUP RESIDENTIAL USES - USE PERMIT APPLICATION PUIONIIS D ADMINISTRATORMARECTOR INFORM ATWN •' �- e`7Ti - of ' " '3s : ■ __ _ c. Ewa Mar nna AMma oFftvbW ou" Reran axWd�q. 'it rMft4W TO 2HO It pf m s: de 4MV4 LOAD, KJC-.W d 000rl a,.ate.•� ettacd�rIxtvw 4== C�..aA.. -.s A�L� 4%4 ,V -c*4 has �t O +fir -peN t iGW)N.. Y M17iJa�.71 m 72M�w� NCR UP /RA 00204 • a1 /l /Ov r_ 4-q s7 NCR 00060 Clty of Newport Beach GROUP RESIDENTIAL USES — USE 'PERMIT APPLICATION ADMINISTRATIVE ORGANIZATION - PARTHERSHIPS9 SOLE PROPRIETOR, AND OTHER ASSOCIATIONS (Form 200P — February 2008) PARTNERSHIPS 1. NNeAl0o0Yd9rvdabnhbp �l73L Q� 2 pw"m NCR UP /RA 00205 NCR 00064 i SECRETARY OF STATE [, 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 MWES'S WHEREOF, I execute this certificate and affix the Great Seat of the State of California this day of DEC - 3 M Secretary of State NCR UP /RA 00206 NCR 00062 45q ON as W Nola i NCR UP/RA 00207 l NCR 00063 'I State of Califomia Secretary of State Kevin Shelley ENDORSED - FILED CERTIFICATE OF LIMITED PARTNERSHIP NOV 2 4 Zo IMPORTANT- � LfM"9=:Wb=Zt=th1@ KEVIN SHELLEY secretary of State form 130drMot - 4--exaguffivedfte Chy and ddo FROM dwo8ead16CA sum 20 2227 Rwdm Mft Hm�d1 CA 4. Tim Od" NOW Pw&wl*CwWcMwn OF�oxft. Floorreconfathnnumber bdow. Abort Ph= vAdd Is 110 kWWWW MUM h C811100 N. Roemed 0 Rom a, S mporelon M dr ho 4W a owffgmb pwvArd to "clan ISga. Promd to Item T. a. Ifambodamt, 1 11 " CSWG'i-"- sd&um of do moord-Vvin-Mm d poem Ad*m: 2227 Frandow UM 7. PA • C4" m !: RM ---- ag coo: a2sm MO9011daddr0waft m afaig p A- Nmm Calm pac3S6 Sam. LLC Addrm: 2227 FrwKftw od" W. a smoo C L WXWM=%iwmq1ib=wo( OfffelmledwanCl Orr a cow PWNM to Wig�ftoft �=Y �beodftdhon �Svpa&Mo Odw 11101101111 a" Include ate purpose of kokmas Of tA "m pwkmw (04,-431"ing Eramww} CGIM amftpwsm Mb*wm% vomdm ft ray act and dead. PM1,110111"U.0 N0 il A ore �7 PoWmor1WoWAuftrtwdP~ Abort Pb:m Nmewilter—OL21MI Two orpm Nomm, QrTw�pemm� Cw Preakient at GwmM Partner 8%nab" of Audwrtmd Penton PuMm orMbotAudwittedPwron odim Type or 4i ftm of AulAodted Oaten LP-1 Ow. G?bm%— APPMved by NCR UP/RA 00207 l NCR 00063 'I [ % k ƒ° k� \ a $ E � § & § i k B NCRUmRA 00208 $2000 •■, | . .� W NCR 00064 ¥ \ I k J �j \ 7 \ J 7 0 I /IL CL 72:. .7 aN �f f - m ,u ��§ E� g \ ] 2 } » . \ / . � . : o NCRUmRA 00208 $2000 •■, | . .� W NCR 00064 City of Newport Beach GROUP RESIDENTIAL, USES —USE PERMT APPLICATM 'MEEKLY ACTIVES SCHEDULE (Farm 500 — FeWuary 2008) WEEKLY SCMEDULE OF SERVOI TOTAL HOURS PER WEEK OF INDMDUAUGROUP/EDUCATION PLANNING. AND DETOXIFICATION SERVICES (IF PROVIDED): Co=rm*: City ofnewport Beach GROUP RESIDENTIAL USES -- USE PERMIT APPLICATION SEWN, RECOVERY OR TREATMENT `A O NCR UP /RA 00209 6z NCR 00065 November25. 2WO ra a►yof Newport Bead Pkivdag Oepartm nt RE: 1216 W. BaBiwi 8hrd. _ NewportBeacl6CA 92663 To Whom tt May Concenc Newport OOM ReWMY G dy has one fkMtq bcdW at 1216 W. Balboa Bookv*4 Newport Bead6 G 42"L i 4 • �Nr NN 2s mn WOF *MW 1216 W. Bolboo Boukva Newport Coast Recovery, LP. A Newport Beo&, California 92661 • 1.$00.990.9691 www.nwqmdwa*SODMyoq NCR 00067 NCR UP /RA 00211 I Exhibit No. 6 ondence from the Newport 3each Fire Marshal NGR-UP/RA 00212 NCR 00068 �s THIS RAGE LEFT BLANK INTENTIONALLY 0 NCR UP/RA 00213 NCR 00069 V NCR UP /RA 00214 w�. epii�+ �w�n�mra +aatiau,a.�ra�rt,+o��et'.�r� '. NCR UP /RA 00215 Luce (4 2008 Newport Cam Recovery 1216 west: Balboa Blvd Newport Beak CA 92661 RM Pile and Life Satiety Clearance DoarMr. Sw(aey: Earlier Ibis year. I sag you a letter advising you of a recent code interpretation by do state Fite .Mm" and briefly explained how the h tegmtstioo might affect grow residential &oilities with nave than 6 chains m one bagift. The interpretation does sot cov"or wbetlmr the single building bosses two or more dwelling units housing 6 or fewer chants in each dwelling snit — indeed. lice a .fire might, it raiders ady die fact than more Than 6 chow reside in ate stroctom At der conclusion of the letter. i asked you to provide nmWilli a oarnprahensive code analysis for each of the facilities you own or manage by a qualified ardlimet prior to my office's inspection and anticipated Wsaanoe of "fire clearance" for license ramwai or Use Pem it purposes. To data i have riot received an analysis Ox year facilities. Plem be advisod that i will rmed to review Yom code analysis and a plan for conection% ifoecessary. priaa to the issuance of the "Fire Clearance" that is a part of yaw Use Permit application and pat of your ADP application (if you are seeking a rev or eatended ADP lieatsc} Tlm s utlysis should examine the *mactof the Side Fire MarshaPs dons and all newly adopted reguiatlona for group homes with yawn Must 6 clients in a hdldmg. The completed analysis should be submitted to my office at the Newport Beads Fur Deparmaent as soma as possible. b order W assist you ad your uddtoet with tlmcode maelyak well ve posted a list of applicable Building and Fire Code provisions relative to the Groat R4 Occapsncy Classification {Group homes, lkmred or umisceaaA pnavidmg treamr at armor recoveryjormom than 6 cfim& in a bwldie4 on our web page: SAMMY Seavicr Paorm jamA61B1A NCR 00072 NCR UP /RA 00216 The list nmY not include every p wWon applicableto your situation which is why we eucoump you to obtain the assisbuiee ofa qualified arddteot. Pkm CA me if ru tmmy question About this matter at ifI may be of gay farthar asaiatawL I took Amvard to working with you in ow con"rtg etfmt to Pmtom dw life and sakty of the mWoots of our coromrmity. Sincerely, . Steve qg Fire Marshal v . NCR 00073 NCR UP /RA 00217 1 .1.v. C '. =-mffAwtwmv p Beach Fke DepoWnst' DO dw oftrilar WOOPAnd lbe arq" FL wwobn f accup"ov grow apple *O DN pt6O.ody one. V 1 NCR 00074 NCR UP /RA 00219 Exhibit No. 7 Resident Correspondence �3 NCR 00076 0141:illal :Lvllly*zf THIS PAGE LEFT BLANK INTENTIONALLY NCR UP/RA 00221 NCR 00077 ~'v Dear W. 10, My name m Pert Lqm and I am waning lo male rob of my oonoems mprdog grouptesideahbf hamee In my ne4hborlwod. l own and reside at 1126112 W. Baboe Blvd.. Newport Beach. CA 92881.1 taws Ind two for Caro 8 years. and my karnefefe raighbodroad has become densely popamlW with WOW residentlellhobeffifther, Asa mallar of faot, I am sandwiched on both sides of my homsby two such realdences at 1115 W. Baitoa Blvd. and 1129 W. Beitwa BW. Livi►g in such dose prordrndy, I have W hard evIdem that these type of brelsmnes, their clients, and vWtars have advM* 40110010111 Our iwng emlranmaM. M revkmft the apptim5on for 1132 W. Saline Mt. I note that the dty's snvkcmmMW Impact 81101yab smMs tat there will be'ro milli a netyldfaltgadfewioNrbtal Impact' created by Waft to rep>ested portal. lids conclusion Irritat, mania no end, as itis obvhm* is BRdirgs of saaae Who has not Ibad 8vough the nWhbn e"we have a vederroed war the led An yarn. Oespft 0*9 to deal with the adverse alfeds of thane bu d esses, and after many calls compteb" b do site f m om Of aaotek swearlg, noise, POWt g M. very We has clanged. I am a homeowner on to pe AS%d% a tax paying cdimo and 1 am Shocked that b Bloom at City hmi oordtmm as usual as it relates house 9aup homes. I am lave" on loathes next week and i wil not be stale b attaw to pubitc hrea ft ThereRma, pass take the below, 8aadbaat as my foetal Input an to petnit bee" far both 1132 W. Baios Blvd- on DeoerMer 4th and the upaming laming for 1218 W. Bclboa Bfvd.on December 8dn, both wean 200 fait of my mWence. Have are my lssuem I note that the suing porn-at proem G&mcmn that these falaaies should not be wman 1000 led of each other and only one such ftCRy should be boded w0l► a Newport Beach city heck. I have Born (4)' such faclitea within 1000 fast of my residence and does (3) of ease are WNW m9 tdty heck. The OWNS pm>dmity of these tacilitlee, wk h their clients and viNlorm, has fwgM ty d fro fandieape of MY noWkerbood. Noise. SMON g, padang. swear ft and plea waits hews ad negatlmly Im foaled my quality of We We on ft penInsula. The properties at 1132 and 1218 W. BWfoe Blvd. have ft some donsily -mated ismres as the filar Mn fadBtks. The permitting of llese ledilles toes have a rapa0va ehwirata mmal knpact W my now6oncaod and my mWeroe. Flow tan On dly provide a permutes these loo ftcUos t of are wahan a fawn humhedfad of inch ofha, and within W anallm few hundred fat of lwa adMmd soaerAft taltiesi Thor IS aimPly act in oarrpiaeoa with the pwmmng process as I understand it and is down w unw. Praodmty to Newport Elementary School: 1 also note that the a inting patmtt pxoceee advocates that no faciity be WYM 1tg0 foot of a school The climate of these fadi6es have domm dmiled that they are not modal eitheas, Opal with sane form d d" offense all otters with criminal records, OW would the city pormM such a fadiy within a few hundred feet of the WmP An approved pan* would pat these chitdren at Increased dsk of harm This is be nwa*m to the females that lava ent usted to City of Newport Beach to paftd that OM 01= NCR UP /RA 00222 '7s- NCR 00078 PwkkW The 9FOUP m5wedol homes in quedim use ttetr garages as group meaft bcwbm VOW OrdwWmwit andlor offices. These garages have been adjusted h facnate tds %W of group use and not poking. The►ebM all clients with = --M means moss dkoft -are p ftq an W. Bamw WA. a sa ft an even more d ftdt P8ddngsi0u3tiontor other =Ww ts: As you lam. the Ikidw p oft avaibte on MO penhaWa has always been an issue. Theaebe group mWantim hones °have wdrsethod an akm* bad Mus lon. AddRkn *, many guests WA ReWj" kreirhe&s delivery vendors MM* pads h ficnt Of other realdents garages and PrakLrB s These taMes era rakrg tiretr avdabb geregs 1119 krcgwbMnsw P pm& This P uAlce has a negaNVe en*owmM on my mememe and neWftrhood. 8eoommum smokw: hM WASWed OmippNoatlon process forboih d brews fadNn mid hmpe noted dw fogoring . atOhumtisrr: : NOMO IM-SIA.OSt.A directs that mina ship,+ ghrests, or any Cow users of the fecWV may anplai In an Mai km which O second WW snobs May bo defeclsd on nary panel other tan the parcel upon wihids to fadlihy is located:` TMs is an t'agAwaw tr andI.WWaetaat that each leclOy eppWg for a pemht renal Mph end " Now doss the CMY Propo&e that fMagoup.residenow compgR h le aw most; t not at Manta and ampleya," Smoke. Per their own Mania guidaYm, OW are not a bWW to smolas inside thou urdts. Ther*tM Von is always a gm* of people oubme scdn mg atmc h ctVMS bmMim w wdl as at the No %curies that SWOWW am I suggest that you , have your envkonn>entai impad group vtet Ow boom and cmawlt on the fad tat we hswea eorhtramrs tow Of SOOMW hand snwka If someone is amW&V ouhida, two is no way go fay can keep the wwkeon Vmir PrWNV Tlwstare, they are PWtng me and aWhm y at risk of cancer, emphysema, a$M= and otw megggft etleds of second4and &mole:. I cannot qm tawinsm of bona witghd srrepphg dgarete snwla. l 8l�rhPted h hsbsN central atr owt�bning b mhN►lize this nrf roofroof or doom M but 1 was ftW by theeily tea I MW not Put as ark eonddonk�g'uMt on my MY yard due to ck mft regWmwmta. This is not tak, not right am roost ass and nW f RWB hesph at risk, l bdm t Is the CWs nappy to Protect my Y > dangerous seomhd hand anhoke. NCR 00079 �7jo NCR UP /RA 00223 This Is my input on the pemft Process to the resWenM bdaty wn* application proom I urge the City to feJed the. PeR * aPPRAM for IM bdiitles at 1132 srW 1216 W. Ba boa Blvd. for the masons noted abaft 1 woald appreciate Kyou wordd.rerjPond b a:few corer questions do I have misted to to two WW meldenNal Bving bAwes thafare boated on each aide of aw Mwerroe. 1) 1 aid not receive a publIc twtlacotl a Ibrlhe. fadfy at 1216 W. Baton Btvd. Since I in vt" 10001eet of this iscio; why was 1 not tarmaay ootaled? 2) Whatis an status of the permK applicatbn for the'fecaity boated at 1116 W Nab= Blvd.? HMO" wAm tad an iqPpacft- and Is there goinato be a pubac hearing? 3) Did a;.taoaay at 1126 BaboaAW aubnil for a perRit under this appaeaaoe process? What is th6 MAN? If'not, what am the plans aad*AM to alert them down? aRr tart, I ap ndate ywwtflow -up b a" letter. I as a puahaMdNewporc Beach howner with two reddsntlal Aftb011Ift on;eiahaide of ma.and another two wift several Maidred feet. The denaay Issues'Biet these fadBbs orieete NO uMaP and dahkrrer W to my riglrts as a Propertli owner in Nam Beech. I bak for the Cay to aaevbte the Owmat aavation by minkoWng the BBB cf Penoxe b'my neighhwlwod to ensure Burt Dose . fecNes ass at last 1000 R sport and any one recft per back. PWM cQm*M receipt of lhls amaa so I em ensured that tt has become part of the pem i eni msidenHal aviag Farina iaord. Sincerely. Pad Lopez 1125112 W; Balboe Bivd, NewW Beady. CA 92081 981. 316 =1GM [y :ial �l :LirIrY�Z ! NCR 00080 7� GROUP RESIDENTIAL USE PERmrr HEARING (12/$/08): CORRESPONDENCE TQ HEARING OFFICER 1 1 287-0011111 2741 4v1Aoc NCR UP /RA 00225 NCR 00081 b/AW Oi ►MCS Lnd1Uf, LAsowf t 'HOf;Fm4tn. LLP ne«uei. werwt •wegv.aw wlhbYryrrp�ewro rYa@YK O)w�1.Oli Mw.uNe wobKCSe RKIe1110 M. WObi` veil riOT CiYiKLe sOKiYO/b MiT elM�i. @OK 26W K' gal i'e4AM4.TW4R iea/owieiilb GUro�pu �dets.�p.tt . Y4 HOAaiW[T 'M41ML1id!!K@MLio�w, L01 YICtiELtf. C✓1►1i0{RI� T06T:0 -STI>E vwCWr -010A etFW! It111 lCOg000 Deogmbtx3,200 DmRt1IAs4 •" " Ngw{iott Beach Pbuudng D!epmlmeht 3300 rleapwt Bk%L HowW @each. CA 926SB WtS ite: Pmjoct Rile rlo. PA200$it)3 AodvitY NO. U?IQ"2 j]earMr.KiM -. _, llO11,h l 1 My yr attr}1 Itre Pre>pal at 1200 W.. BOy 11a+enueklteWplut : Way ta. a"dona! albahol and :dip$ dmw saiflw houses being pQvidW,at 1216 W BaPosm 1? i t OL W. Bwbo& Wvd. dw to "poximityto tba public- acliOol atom Balboa Blvd. between 13 ' and 14 9peets,.aurt as12d6W.Bay. Avenue9114amirmal=P y*4weownat1404W:OOMD..WL vwy Wdyyoum t,AS LA1 DWI E 6t HOIgMfAN, W . La6atra RBL- ni NCR UP /RA 00226 NCR 00082 Brown, Janet YI I IIIrYYYIYY�i�i�IY�YIYIYY�YY�YYYYAAf From: IOff. owe Sew Monday. Dec ernber 08. 2M8 WW AM To: Tom Alen; Bmrm, Jenat Su"ecC F4v: Group Residenliai Use PermBs up for review FYI SmrD Monday, December 08, 20089:55 AM Tes I0Pl, Dave Cc Hem, Mklfad Group Residual Use Penults W for review I. Reraft1heaPplicalicins for gwv recovety homes on the Balboa ftinsula, specifically those in Hie 1100 and 1200.blodm of West Balboa Blvd.: As 32 year residmo of Newport Beach, specifically the Balboa Feoiswuia at 11th and 121h Shleta,.,we.vronld.. . HIM to voice our concerns. L The of these homes in this reed area will amduae to hurt our home valasamd it changes the.nei0ibothood feel. 2. These'z000vtrybomWarelor businesses. They add a burden on the el" trait services, trale, Y. Pinking. as walk as added noise and air poMaL 3. The homes in the area under raviaw have more than 6 beds end need to be strictly regulamd. 4. A vast number of these group homes anowaod nod oparted by a handful ofiirp v& budne=L Theses businesses used to be ngulated by density oft wir facilities within agiven area to avoid over- caacenintion. We urge the City efNewport Beads to cooh me itiy duals in weldng this City on ofthe finest in ttwantly. We hopc:tha t you put the citizens and local tartpayacs Wereaffi and needs at tha &safiWd, as you review and mphft these Residential Case Facilities so that then density and pmlifration will nottsgtvaly affect this vmndaffl beach community. Sincerely, Terry and Laurie McKenzie 1151 W. Balboa Blvd. Balboa peninsula, CA 92661 949 - 673-2379 I NCR UP /RA 00227 NCR 00083 Brown, Janet Fran: KIM, Dave Sant Monday. Dece nW 06, 2008 9:40 AM To: Tor~-, Brown, Janet Subs FW.1216 W.BSIM BlVd. For the record From Weaw0acixom Imallto h"Wead,com) Sent: Sunday, DeMber 07, 200810:33 P14 Ter 10, Dave t ddect: 1216 W.Balm Blvd. December 7,' 2008 Rw 1216 W. Balboa Blvd. Dear Ivfnl K We own•the;duplex mrt.1213 W.Bay Ave, which is dimly bebiod the Rehab Facility at 1216 W. Balboa Blvd. that Is o1 1 &, I byNewport Coast Recovery. We purchased ou duplex in shalt 2002 under ourbusiness note, Willow CSvdc Diversified. It is arental property for us and is a big part ofouaredrameat income. We do not do seasonal rvntais and our tonsintsbave all been oouoos and Familiealbat live in Newport because otthe special lifesyle it offers. The Rehab facility has been a source of problems with everytmumtrt wevehad. Over the yews we hem complained t Mewport Crest Recovery directly about Ai L-ofihe items fisted as adverse nopects in the mdiasace. When mmagemea but bee available, they have said Ay will try to cowed the ptebkms 1ldoga raayf VWW for awhrile, but new clients are c n* ardiving20andthe same old problems mart again. 1. Our trash c us have been used by the Recovery home sad food has been dumped in the allay behind our daptm lh=ba"bommstwoofpwofetwom%ftiuftdW . 2. We have bad many noise oanplaim.....lond and offensive lmmguage, is often heard across the alley as tha rehab residents yen at ea4 other. 3. There is a oonsfant fiowoftmffic in the alley. On are recent day when we waked in the SaMp, we counted 18 vehicles in a45 n mute period. There waeboth vms and c mxs bringing supplies oW peopk. 4. We had one really ternfic family mane out of the duplex after many complaints. Watalkedtomanqpment abort their commcems and they talked to management and residents dheedy. Their car was keyed following on such incident and they were aura it was a result of their complaints. To paraphma out team t, "We want to fie in a nice neighborhood without all these problem& I ra too old to be in a pismoog match with a buuch of disreapeetfitl peophe in rehab." There we few rehab fileilities within a block ofour duplex and all within 1000 fed of then school. Them is another group lane in the application process two doors down from us on Wed Bey. That word make five. How did the City ever allow this to happen especially in such close proximity to Newport Elementary'1 Newport Coast Recovery has had many months to prepare all the requ hvd documentation and I strongly urge you to deny their application for a CUP at this time and NOT to gram an extension. NCR 000&1 NCR UP /RA 00228 Sincerely, 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 0141CilJ91 :7_vtItYWO Brown. Janet Franc ItIQ Dave Zbft Thursday. Doom iaw 04.2008 2:28 PM To: Tan Agee; Brown, Janet Subject, FW.. CUP Application as posted 124-M wuh doff report dated 12.8- pts"Im. High sousmvu rt Cardidentel For tine record tor' Newport Coast Recovery. From Do" Oberman (malto d ] S 41�t llunsday, December 04, 2008 2:21 PM To: KIF, Dave On KR BoblD Sabj** CUP Apphostion as posted 12 -x-08 with staff report dated 12-8-06 Unpoatmomm High We have reviewed the application as posted b date for Newport Coast Recovery at 1218 W. 9alboo. along with CRg correspondence and staff report. We object to a continuance of the homing based an the following S Pool request PLEASE provide UO wnt cordmiallon that the evkleece of impacts and veota M aubmtted by various residmis and buedrheiOSa In the arhmnunRy associated wN h this Use. to the Clty ally. and code' ft depertrmerUto. is located and hu baited to the Flooring 01110er. This Wwnd*n sthohhld Indude evidence for the past 4 yeas —as we previously diswased. Please ear tls communication k1b pogo recod.Thank you. 1i +1,' ODMKAN t:Yt TtW and Phunclel Advinn 26DDMldnelhonDd%Sobs 1700 Ihvk^ CA 92612 Tel (9495 476-07" Cell ()49)230 -SBU NCR 00086 NCR UP /RA 00230 2 NCR UP /RA 00231 NCR 00087 From: Dwye Obemw [ comj Seat: Monday, December M 2008107.9 AM TO: Brown, J" Go: IM'Dave Subject RE CUP ApptlCSOon as posted J24-08 vM sW report dated 12-&W Imporhouls: Hier ConWen1W .lanet- Thar* you. These documents car► be submWed to the He"g oMw Wong VM to tobwW c Bon: Ttmnk you. WW WidushosiYµ•elNrLW 1700 kviTA CA 92612 Tel (949) 476 -6790 Cell (949) 236.5865 Fax (949) 752.5935 Email CONFWI NTL4LrrY NOTICE: howNIA" n.sQMee IshftM ftIv NCR UP /RA 00232 rrrW M Wrmamaa ftpw bftwAdMien mrmasBr>bermM t x Cosyllon, Watt From; Kappeler, John Seat:. Thursday. December 21, 200810:13 AM To: Cosylon. Matt Subject FW: Complaint and Request for inspection and citation importance: High From, Denys Oberman (madto:dobenran9obermanassoclate&com) Sent: Wednesday, December 20, 7006 3:57 PM Tot Kappeler, John Subjects Complaint and Request fa Inspection and dtatbn Importances fth John- Thank you for returning my call. To confirms, following Is the complablt from myself ad rins odW rest Its the neighborhood In connection wph A business and admtnlapa" office being operated from residential property at 1210 West BaOwa. My home is In front of this fac8ry/.so me and my neighbors observe and are subjected to the Impacts on an ongoing day and night toms. This brrsinees office Is be" operated by Newport Caast Recovery LLC) and Who is Masing MIS facility Improperly to this company knowing its use. The bins otAce has employees not residing there coming In and out every dey.ee Weft as castanet traffic by car and foot 11 is creaing adwmse nobs, tregt and parkhg impacts in the neighborhood. We have photographs Which can confirm the stafiarsd aim ere coming in and art should you need them As this operation Is inconsistent with the authorized residential use and city regulado s, wa greatly appreciate Vow atteation . Thank you for your asses. You can reach me at the telephone numbers below. Regards, Degs K Obeman. CEO 'Q y f 6 BB1tMiN Sbi66 aad Aaiiae7al Adv_ bars 2600 Mithelson Drim Suite 1700 Irvbm CA 92612 Tel (%9) 476 -0790 Cell(949)230 -5868 Fax (%9) 752.8935 Email: dobvrnanQ)*lx meaanaciem.com _... -° rx .�nua..��ar.wc°..uiaaacume�aaan whirls Is Wy pthieged. The hib m lion Is Intends redpient, you are hereby Wlbd Ord any r8adoM teleropled Ysfonna8ors Is SW* pivilboad. 7 ycu hat )?121/2006 NCR UP /RA 00233 or entity awed aboyc fi you are rat doArbnded at S4.0f4764796or NCR 00089 rage c in c Ne elOc*wlc address 00", t0 easnge for the return of the dapsaamgs) to us. NCR 00090 12/21/2006 NCR UP/RA 00234 WOIC044 Caft Front: Danya Oberman [d. h wml Sent: Thursday, March 22,2W7 IM40 PM To: Kappelsr, John; VVow% Cathy Sublect: ComplaW re. 11219 W. Baboa- Request f« ddm conflratation Isoportmum High Page 1 of2 1 prevlously tiled a Complaint regarding the fadltyat 1219 A Baitaa oporeted.by Newport Coed Raooira y as Integral fadityto their operation so= the etreetat 1276 W. Balboa BIvd.Aavmkally ooMmied byyou, this foolilty le _ 1. NOT licensed by the State to operate(even thoegh Its residents mosive supergieln p'arid'ineabrare frointhe hht WW faclllty based at 1210 W. Bap>pa,es wall as services kx rp'moodngs and ftwpwWWr etc ) 2. is violation or a ranhher of Nemmift of the (2ly'swNrtgandbufkHtigaodea,: 'Would westiv appreciate yar prempt mrhfkm on dare atabm dlnvaefamm and the verl ousagendas. Tocontrm , per you'reownmeitdallon.Caft aoanpildrdnmasho ObtiwHhAt>�concenft- the opereitonel non-licensed issue. l fans received no word bads gem ffamevea'tliougfhk tnae liege wegever a math. PLEASE move forvrard as we know that the City leg* can and ohm nulebii®e :snd Codi demmhts. Also.there are some new customers of" Newport Coast businessw o were out in front ton bes*.t ft about their parole. VNat N bahhg dory b mg.t a a" by the City? This bushm Is rlpht on top of.ue dud dose to Newport Eletnentery Schooitlalf a b" swsyg . � '�« poblems with amolllrhg;lerga pitee of garbage srai ranv dtaFameie d lhe►rstokig atauthd ifre alleys a[id propedles: . The mm of Nawpod Coast Recovery has been antsgenbi mm residents mnpkM aboutwrho Rand other . Issues. moceti«h a�ih mm, and t note cordmred 00mup Homes' erpandan en 12w SftKboth at Sts spsoft Tim* you for your assistence and tdlowllsoWIL Damp H.Obmu%Coo 1700 92612 •MINIA0iM1 Utll/Ii11�111111�1�R �.11i1.WYN1 W W.�.1� M YR redpleM yarerefmrebyrshBledt t d woof lie @dh hel« enKfnelhedabovalfvararelwllhelrtrlded ml' ospyle)I.dbYi «Aletatllgolany Wkcapledlntorms0whisa6lghpa�lbd. xywneveraoeTvededsiarwabdanhlerror pia the elacheftaddressabombaralye Its the (an oflifedsiaarlat(»)isua C Ohl mat aea7tlozpa« NCR 00081 6Q, ci h CF? Cp: 0 Lm Page 1 of 3 KappWer, John Frorn: Denys Oberrnan (d.obermwOobennanassociates.canj Sent: Friday, March 23.2007 9:54 AM Tw. t(dowev, John.. WICK COY Cc: Clauson, Robin; Cosy Mail Subject RE Complaint re. 1219 W Balboa- Request for status Confimhation knportaom High Thankyou,John. Cathy f ;bWr% is the ADP Inspection comptetee? N so. can we please rwwve documentation caweining then Vyhm the inspection was done did they review the status of the people in the reddence,end what Rehab . operation they are affitated with? If You recat, whe did establish definke khEegraton between tds location and the CtlSOMers end opaatons.snd that sraose the shvel at 1219 Weal Batboa. This is defirdteiy an integral fadifty aBiAeted with NewportCoast Recovery's business oo the Penninsnb. The people In this bo ty.per trern and the mah>ager are under the same supervision and services as 1216 and helve the same Rehab status. John,l do,apptedate your daft for deWstamped photos, l believe that the alias LpluAded you wth the cuslonhets and managers ca nft 8drgs and wakchhp across the shad from 1216 to 1219 dd have ttta on them. Your fdlow up is 9re4y appheclate t UpFd . Deep iL Obamhhn, CEO OBERMN 81ra(egyanali9rncW.pdv{sOra — OBERNAN titrategy and Plaaedal Advtaora 2600 MidhelswDivo, Suite 1700 kvhM CA 92612 Tel {949)476-0790 Cell (949) 2WS868 Pax (949) 7524933 Erndl: cwDemny KOncF -- The doomwnb aorbmpanyisg #lint irahmhai aw cadaia eardthi td hiameaft wbOv b the scalar Wft Is legs ly pavtsged. The bdonh>gm is Wended only for the use dthe tndvbed or adlyaetrred abm k yet are not IN Warded redpient you are hereby noMW that anydedmure, cWft hbtnbAon or the taiyg of any ad w in MUM on tomftab dlhle 10boopiad hhbenatan Is d fi* prdAAA If you hove reeeked tda trahretnieslarn N enor, plonae thoRyua inarhodately ai 8491476 d799 a the dedranit addreae abM b snags for the rearm of In dopmegs) b ua. Front; Kappeler, Sohn (rnWf oraKappeW@ ty.nawpoR -beKh ca.usj ,etas Friday, Match 23, 21 7 9:06 AM To: WolaA Oft, Denys Oberman fie Clausen, R*Rl Casytbn, Malt Subjects RE: CornpWnt re. 1219 W. Balboa- Request for status Wrdirtratim Hero's a Code Enfotoement Updale: 1. Nuisance Code C )nVWM - we inspected 1249 W Battoe Blvd from POW dghtof voy (prow) in response to Denys' Compiabd of excesshre bash and debris, t didn't And any vidatons and caked Denys with this inbnvaton. 2. bane OCatPaton Canpbtbht -we impeded the entice property at 1219 W Balboa Bald and found no evidence of an itegal horns occupation, however, we did find an iffspi (unperadtoM unit upstairs in ffie ate. fldacemaM 04/03200$ [y :itl �l :L�hIhY�31 NCR 00093 Page 2 of 3 of the legal unk was temporarily paced an hold at the request of ADP. pending completlon of their kspecton. Denys was given finis kdamation. Now that ADP has ompleted their investigation, we are acfA* hack on this case and working with the property owner to bring the residence Into compliance. Denys, for any future complaints please give me as mrxh detat as possible and t you can send me date stamped photos ghat would be great Thanks, John From: Wotact, Cff" SNM Thursday, March 22, 20071:44.PM Tar Me" Oberman, Kappeler, Sohn Cc: t31wn� Rabin; Breroad, Glm Subjects RE: Complaht re. 1219 W. Balboa- Request for status awArmation W Denise- 1. b. ostled ADP and 'Netia canpfaint. against 1219 West Balboa an or stout Jammry 28.2007- I aald tuft naighlnr repairs and'Code 6tomament kupeotloakh I ied tied 1219 was opera" as an anheu01 the tiksnsed %sly at 1216 V&d Bal boa, two was no tomes for the 1219 facKy, and this hk that the espacky.of 1216 feet Balboa might have been exceeded as well. Tire ADP cwrrtpl mt atficwwho subs" . -br ellga6at WOW boa told me 1219 Wad Balboa was a sorer tiving hom The ADP has.no probtern whh realdents of tine sober Inrl focAty attendhg treetirrernt atthe 1219 iieft because tha 1216 fadilly Is certted by ADP (as opposed to w licensed) and theretore authorized to *0 outpatient rare under the trans of Re ADP Boom. Ythe ADP certification does not autonloli f Xnp kcal zoning code restrictions trot are applied to at Wei residents, although federal law may remele certain exceptions from the code as a reasonable 0000mmodatiom Since our Investigation that Issue In felellon to this facility is ongoing, I cannot comment further on R at Us time. I believes did scam you verbally of this an February 22. 2. John Kappelercan address this lawm if his inwestilleft of h"V violations has bran oar f 3. I vAl cal my coniad at OC Probation and see t she Fos any inn ormaton that can be dloolosed to neon parolees at thlr to atOn. Talk soon, Cathy Froau Denys Oberman Cmetto: .wmJ Scott Thursday, March 22, 200712:40 PM Tat Ksppeler, ]ohn; Wolo^ Cathy Subjects Complaint re. M9 W. Balboa- Rat for status andlimaton Dnportances Nigh I previously bled a Compinird regarding the facility at 1219 W. Balboa operated by Newport Coast Recovery as Integral faCifity tD their operation across the street at 1216 W. Balboa Blvd. As verbatlr contmsd by you, this facility s: 1. NOT skewed by the State to operate(~ though Its maidens receive supervlsbn acrd treatment from tat integral fadltly based at 1216 W. Balboa,as wall as services Including meetings and transpalOtIon.eht.)- 2. In violation of a number of ekmvx is of the CW9 zoning and buiklbrg comes. NCR 00084 t would gay aPPredsto your Prompt conlimudon of the status of investigation MW entaoement from the various agancImTo confirm, pa your recartnandafion.Cathy. . a complete was also Ned with ADP concerning the Operedionsl 1=411consed issue. t have received no wad back fro» them,even though R has been wall aver a month. PLEASE move l sward as we know that the City > "IV canard enforce nuisance and Cade elements. 04/03/1008 NCR UP /RA 00238 Page 3 of Alsq>here are some new cud mere of the Newport Comat business who were out in font on beach talking about "I* parole. Met Is being done 10 regulate 11ls by the C41 This bushess is right on top of us,and doss to Newport Eleknentary Schoc(hag a block away).t M ace having major problems with amolang:large Plies of garbage. and new cwslorners of theirs bung around d The owner of Newport Coast Recovery has been antagonist when residents domplao abort snaking and other Issues. In the InWftmy neighbors and I note oontlknued'(3roup Homes' expansion on 12ei Sbaetborh at this speci$d location,and othere. 7hakdk you for VOW assistance and follow through. Do"1LOba=m.CBO OBERMN Strip see Ffaudd aav6as 2M Mid Drive Suite 1700 twin%CA M12 Tel P" 471x0990 Cdl0M9) 230 -5868 Fmk M 7523935 oclafts 11maiL NOiN 7M0arn06 acoanperryYgQOtlsne timMfthcoMdentialOda rmilmbd WVIOln Wft . vfiidnYlegeByPtlMBged. ThaNdhkme{ ioniaolaWedONytollneuseafOrobnOitidue9are�roocadaibove .ttyonanenOltheiikirodad redptekrt DouaeheorbyaolhedthetarryAedtsue aPYing disbendhnadnetmdrgaamac6anlnn naemenseeniDentsaim Ialsw* dhtaoaa80nisatMVoldbksd gym Iravere *md Oft WmNadonhcaw, na*WYiimadteblyt1'9at1478 -=0r iha daciardc addnsns ffiove, b ante br Ore ratan the doamred(a} b us. 04/03/2008 NCR UP /RA 00239 NCR 00095 Cosylion, Mau From: Kappeler, John Sent Wednesday, My 11, 200711:03 AM To: I0f, Dave Cc: Cosylion, Matt Subject: FW: Code 011101CM71sill ateitlS of 1219 W. Balhoe Impatience: High Sm*Wvky: CoMdoMW M— From Denys Oberman Lid obetma mntl Sent Wednesday, 34111, 2007 9:57 AN Tor Kappeler',3ohn CC mom, "thaw "Iftl net $Win of 1219 W. Balboa D"Imtolow mob sensidwity: Cow .Tara, — 7fiW* you for update. I. The owner did not how surgery Wien hewas first aPoed. We wli vefKy if he adw* did es hell tY for 9aalrt9 Wood d*%gs. 8lnoef ItW pereortafiy does not need to do tlta r *&Vd trade.. and hk sat, a twulyr on and :ekcHoli .Kies bonny, there is no good exam. 2. This fac ty houeen ctretorom cf Newport Coaal Recovery who are p sy bg to be bt. Residet" ce s aid trssiment ft Is ktWW to 1216 W. Balboa We suixi lied phoros previatsy conoemingittls es did ,anoM+x resident . We expect MIS to be Shut down; sitter 1Mertgh properly awnar.OR tivou9lt the gmvf or.Netvport Coed Recovery. W* needs to an'** his apers*m to qta laensed tadifty at 1218 W. Whoa. Appreelaas yarn %Ta ter. Rept&. Dart's H.0bermea, Clio A ., a , 717 reclpiera, yos are herebynowd go anydadar tdscopted hdom glen Isen * pdaft Myon benarar ceMakt a:nfldertlal idormaoat ttelenpVg b lte t ftft bo orVie tmmtpof arty eclat fe relaste on the osrder I offt dUtlstreortin error. ptereeoo6ryrmirmredtateiy al 91BNf6S79A a NCR UP /RA 00240 NCR 00896 IN MOCIMdoaddrM above.bwwplorthehgkanoinkdoa abut 13wr Kappeler, ]dm Im8it60:]Kappel .newpat -bee .Ca.usj Sum Tuesday, July 10, 2007 2:31 PM TO Der" Oman . C& Hwv4 Michael Subject: RE: Code adoroaneltt status of 1219 W. ftboa $MdWty: Confidential Hl Darryl. IW attached an earlier small to remind us of the vblatiorm discovered as a result of Code eft and ADP's Inspectlons. Here's an update reldva to our ahfcocemad action I. The property owrner prevbhrsly hecatved two Notices of Violation (NpV 's). 2. He requealad an ehdahskxn for compliance. *ft was Wanted Who's reliantly had open heart atugety. Hie aompllance sate was AO 1.2007. 3. He's since requested arwftr wdenebn, which wee deniad. 4. We lowed an Admbtktrativa Citation lest weak IS. WWII issue a second AdminleVaOve Citation this week, and will cor&m to issue citations until he "Ins compliance. - I agree whh you, of case has taken a wMe, but be mMW of two cgs: 1. ADP asked us to sropend our hwasagsacn W" did) untl they conducted an kaipecftL and Mwrd t VW found no violations. 2. We do grant extension fo' Wince Ultra property owner is responsive andror hoe a void reason to ask for an ehdelwom In this erase the properly owner has been son w*mt w"or ahro (i e. Ire " : boon Into.Cltif M .. a#wr4*V th" WHOM Permits). and open heart surgery is a valid ream for an extension (he even famed us a ogry Of his aurgkrol°wdarl Thanks. John From: Daryl Oberman [mctlto:d•obernwOohermimmo com) Saft Mkxnday, July 00, 2007 2:43 PN To: Kappaler, John Cc I Henn, Mktmal b'ubJscb Coda enfercematt stalls of 1219 W. Balboa IMPWtMhoa: Hlah How was your 4x71 wanted to co ti nh the Status of our complaints and the CWs investigation of the factlay at 07/11/2007 NCR UP /RA 00241 NCR 00097 V 1219 W. 88i6N. CWmra had reported business In resklenCel hang involvktg trait of people and vehicles In end out: abmx an Segal residential cue lbc8lty,housing customers peying for treabnard. I was previously told that Me City did find eManos of both Building Cade vlo158ons, and 8150 We for some type af'group honer Use. What Is the sou an this? We see more and more people cmft In and out of here going across to the utter Newport Cow Recovery bu8dmg at 1218 W. Balboa, continuous amokbtg at fac88y, and In large groups on the beach dally. Please la no Wow what the sfahx an this 15. Haveft Owner ( } and the basitees operator (Newport Coast Recovery) Been otted. Oted.told to came? I would greatly appreciate your response In 91e next several days, as this has been stft for MOMIS now. Thank you for your help. DMSH.Obm=M, C BO A OBEFOMN OBL MAN Strategy sad ill Advisors 2600 Michetem Drive, Sake 1700 hvim CA 92612 7b1(949)476- W Cali (949) 2303868 Faa(%9)7524935 1lmafi: COM�EIITW.RY N0110E:'1'hsdoouma� sooampenyLog tlde sammisaTon oon15indontlderl8alinlannal (ontislaf�g�8ndaarslet'. vd� is ' pAvYegad. 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U e NCR UP /RA 00247 NCR 00103 NCR UP /RA 00248 D4 NCR UP /RA 00249 NCR 00105 S 0 a` u .- Qp Q u U m t O qq J h V C t N • 7 NCR UP /RA 00250 `v 7 9 � c a t _ n U m u a w 5 S U o 4.. ,� � • V N iX V ? NCR 00106 L ai L ru H E r-. 00 °0 L �N tb f( NT E in u a m'E O V U Q.L :.0 m 0 0 -gyp c -a � kc = 0) o CU 0 v v o c Q) .N 0-0 N a NCR UP /RA 00251 a NCR 00107 Let v1 M a t c Q 'L a ro W a. thin an O t Q v L r� L a � o f � �--fu v 0 a > � to v o 4- w o ..°c o(mw 0U' Y 0 0 v V �- 0 �- ■Li... a NCR 00107 GROUP RESIDENTIAL USE PERMrr HEARING (12A 08) TRANSCRin 11287.0011U127414v1.doc NCR UP /RA 00252 NCR 00108 CERTIRED COPY PUBLIC HBAAXW ON NBNPORT CflABT RSCOVBRY, LP SBFORH TIMMU W. ALLM, 884 -, itBARINO OFFICER JIEW RT.BHACA, CALIFORNIA M UDAY, D8CWUM 8, 2008 NCR 00109 NCR UP /RA 00253 1 2 3 4 .. S 6 7 8 9 10 11 1a 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 0, 2008, before L&M A. MnJAMP, RPR, Certified Shorthand Reporter No. 9266. 2 PRECISE REPORTING SERVICE 800 -647 -9099 NCR 00110 NCR UP /RA 00254 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NE6iPORT COAST RECOVERY - 12/8/2008 APPEARANCES: For The City of Newport Beach. RICHARDS, MATSON, GERSHON BY: PATRICK K. BOBHO, M. 355 S. Grand Avenue, 40th Floor Los Angeles, CA 90071 -3101 (213) 626 -8484 CITY OP NEWPORT BEACH BY, DAVE KIPP, Assistant City Manager DEBBIE LINK, Associate Planner . SHIR1= OBORNY, Adainistrative Assistant 3300 Newport Boulevard Newport Beach, CA 92658 -8915 (949) 644 -3002 3 PRECISE REPORTING SERVICE 800 -647 -9099 NCR 00111 NCR UP /RA 00255 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 - 12/8%2008 NEWPORT BEACH, CALIFORNIA; MONDAY, DECEMBER Or 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 hest Balboa Boulevard. x.am not employed by the City except in the capacity as a Bearing 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 Kest Balboa Boulevard and is designated,a use permit 2008 -003. Before we commence, does anybody have any motions or requests or requirements? MR. KIPP: Nape. 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. Miff will proceed first. MR. KIPP: 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 haring, it PRECISE REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00256 41 NCR 00112 1 2 3 4. 5 6 7 8 9 Fiol 11 12 13 14 15 16 17 I8. 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 APplicantte time is not constrained. This is how we do any use permit hearing. Then the public Comments are open, and those comments are limited to three minutes, unless the Rearing 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'a presentation, because it PRECISE REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00257 51 NCR OO113 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 really is their.nas permit application. And-then there are questions from the.Hearing Officer to the Applicant and the City staff, and then the Hearing officer can make one of three determination. It can approve with conditions, deny the application, or continue the hearing to a date certain. So to give folks as additional background-of why we are where we are, this is a. use permit hearing under the Newport.Beach- Municipal.Code that relates to use permits in residential districts. And this chapter was amended into the Cede 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 Councills decisicme 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 NCR UP /RA 00258 6! NCR 00114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 T6 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY 12/812008 housiAg 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. 8o you can see there are a number cf�steps in this process. This 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 netvorked state licensed homes with six or fewer people from going through a use permit process. Noe, 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 NCR UP /RA 00259 7 , NCR 00115 k3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 24 25 NEWPORT COAST RECOVERY - 12/6/2008 one -borne -- sorry -- one facility with 29 beds in it. so 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 Officers 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 Nest Balboa. You'll see a couple of Lash mark spots. Those 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 hers with 16 beds that did apply for a use permit. And then that's Narcoaon southern c:alifornia 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 then to do just that. This is the immediate vicinity of the area for Newport Coast Recovery. This is 1216 Nest Balboa. You'll see the property uses around it. I may, PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00260 8 NCR 00116 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NMORT COAST RECOVERY - 12/8/2008 Mr. Hearing 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. LIM; Thank you, Mr. Riff. The application before you this afternoon is use permit M04mr 2008 -033, which is an application by Newport Coast Recovery for approval of the use permit at 1216 Nest Balboa Boulevard. The project site, as David.explained, is a seven -unit apartment building in an R3' zone currentlys 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 homes are the same requirements and content requirements as for other use permits is 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 NCR UP /RA 00261 91 NCR 00117 1 i i 2 3 4 5 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NMORT COAST RECOVERY - 12/8/2008 Mr. Hearing 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. LIM; Thank you, Mr. Riff. The application before you this afternoon is use permit M04mr 2008 -033, which is an application by Newport Coast Recovery for approval of the use permit at 1216 Nest Balboa Boulevard. The project site, as David.explained, is a seven -unit apartment building in an R3' zone currentlys 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 homes are the same requirements and content requirements as for other use permits is 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 NCR UP /RA 00261 91 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 is order conduct and completely evaluate their applications, and that failure to obtain the use permit could result in an abatement proceeding taking,plaos. 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. 26th Notice of IneoWletenses would be submitted to the City by the first week of December 2008. A4d 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 required fee for the application. And by November 25th, PRECISE REPORTING} SERVICE 800 -647 -9099 NCR UP /RA 00262 101 NCR 00118 I 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 some of the additional materials that were requested in the Notice of Incompleteness were submitted. Those are included as Exhibit 5 t 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 wit8 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 Hearing Officer: In addition, staff has received a police report from the city of Newport Reach Police Department listing a chronological history -- a chronology of the calls that have been made since 2005 regarding the specific address at 12216. 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 Hearing Officer at this time as a form of an update and PRECIS$ REPORTING SERVICE 800 - 647 -9099 NCR UP /RA 00263 11 NCR 00119 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 is 19 20 21 22 2s 24 25 i NEmRT COAST RECOVERY 12/0/2000 to direct the next steps regarding this application. The Bearing 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 bs made by the Bearing Officer. At this time, staff is rscommendin9-thRt this hearing, be continued to a date certain in order allow the Applicant to submit the.- remaining materials, but.also to -- needed for this.applicatiou to be deemed complete, but also to direct the Applicant to provide all the materials within 21 days prior to the achoduled continued . hearing date. That concludes our presentation on this particular application, and staff is available to answer any .questions. BR. ALLM Can you indicate what its= are still outstanding or -- I.msan, in the staff report, there's item one through six. I believe that some of Chose have been submitted, but what specifically is still lacking here? NS. LIM Well, actually, all of those items, one through six, which I can enumerate for the public's benefit, those items are all still outstanding. PRECISE REPORTIM SERVICE 000 -647 -9099 NCR UP /RA 00264 12 I NCR 00420 I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15. 26 17 is 19 20 21 22 23 24 25 NEWPORT COAST RRCOVSRY - 12/6/2008 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 prape=Y lines, adjacent parcels, and building footprints On adjacent parcels. we bad not Yet received a preliminary 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 roans. We can provide an Applicant of the exwVle 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 than the last item is a statement as to REPORTING SERVICE 800 647 -9099 NCR UP /RA 00265 13 NCR 00121 1 2 3 .4 5 6 7 8 9 10 11 12 13 14 35 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 bin waste, really all we.need in that regard is a statement is letter format that says, •We do. not deal with those sorts of materials.• 8o 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 Narshal 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 cap. M. ALLEH: 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. BIFF:. Yes, Mr, Allen. And not directly with the Applicant himself, but we've 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 REPORTM SERVICE 800- 647 -9099 NCR UP /RA 00266 141 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 NENPORT 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. ALL$Ns Thank you. May. I think were at a point wbere we can ask the Applicant to come forward and, hopefully, cQUseenoe.by. addressing the issues here that are on point, Primarily the code requires there be a diligent effort to comply with the use permit requirements, and it looks like it's been about six months. So where do we stand? MR. NHNXW: Where we stand is that Y believe we'll have it all in this week. We had somebody that we had hired to do all of this, was working with a few of the different facilities. And unfortunately, he failed to get this all completed. We have since gotten the title reports. we have site plans. We had to have an architect came in and redraw the site plane. The site plan that I actually submitted with the application was one that I ran by Dave Riff, and we thought that it might suffice, but apparently it didn't. It vise one that was in the City PRECIS$ REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00267 15 NCR 00123 1 2 3. 4 5 6 7 8 9- 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 2S NEWPORT COAST RECOVERY - 12/8/2008 records. The building is over 5o years old, e0 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 thatto What we intend to do this week.. And 111.1-go on from here. You know,. I've never walked into a place before where I know everyone's against me. I'm usually 04 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. ALLSN3 I'm sorry. We have a.problem, and I've forgotten already the first time. RverybodY that comes up to talk needs to give their name and -- there's no address requirement, I take-it? MR. AIM Name is fine. MR. ALLEN: -- their name and spell the last, so that it can be made a part of the record. Than[ you. MR. MOM: My new is !dike Newman. My last PRECISE REPORTING SERVICE 600 -647 -9099 NCR UP /RA 00268 1611 NCR 00124 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 NMMRT COAST RECOVERY - 12/8/2008 name is spelled N- e- w- m -a -n. I'm a partner in Newport Mast Recovery. My partner is Newport Mast Recovery is Dr. Albert PIZZo. Dr. Piano has lived and practiced medicine in Newport Beach for over 50 years. I've 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 sees that was a visual stain an the street. We really are trying PRECISE IMPORTING SBRVIC2 800- 647 -9099 NCR UP /RA 00269 17 NCR 00125 1 2 3 4 5 6 7 a 9 10 it 12 13 14 15 16 17 is 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/9/2008 to be good neighbors.. It'a tough in this business, because neighbors . don't like the business. 8o 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.businees. 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 -tbat the,new ordinance calls out. Noise. W840 our -best to control the Dias. No music is to be ..played after lights out, Which is ll p.m., and nothing before 9 a.m. We enoourage 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 spoke. Our clients may only emoke 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'a not easy to change someone's life in 90 days completely. PRECISE REPORTING SERVICE 800 - 647 -9099 I L4 [y:411:1l:L191hY41L1' , is I NCR 00126 J 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 jab. Currently, we have 14 clients in the facility and not -one of our clients has a oar. Excessive trash. The only outside service that actually comes to our facility is waste Xanagement. we have a dumpster where we get rid of all our trash. we, don't utilise the City trash. And they owe twice a 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 doesnOt look good when there'.s garage, cigarette butte, 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 NCR UP /RA 00271 191 NCR 00127 . 1 2 3 9 5 6 7. 8 9 10 11 12 13 14 i5 16 17 18 19 20 21 2s 23 2+ 2s NEWPORT COAST RECOVERY - 12/8/2008 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 vehicles. In closing,.i'd like to offer something to the City and concerned citizen of Newport Desch. 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. Weirs 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. NR. ALum: 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 UP /RA 00272 20 1 NCR 00128 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 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 is 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 thess operations. You began to address you're doing your hest, You know, and You mentioned care 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 mesa, if I. had total control here, I wouldn't approve one of these facilities until there was as operating plan in place so that we know 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. NR. NM MANi Is that something that is omitted 'from our application right now? MR. ALLEN: Pardon me? NR. NRNMAN: Is there something in our application that's enpposed to cover that that we didn't PRECISE REPORTING} SERVICE 800 -647 -9099 NCR UP /RA 00273 21 NCR 00129 1 2 3 4 5 6 7 8 9 lO it 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. RIFF: 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 acme of the issues that Mr. Allen raised about -- MR. HBKMMli: okay. MR. KIM -- about the quiet hours that you I 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. NEVPMAN: Then, Mave, 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 RSPORTIM SERVICE 600 -647 -9099 NCR UP /RA 00274 221 NCR 00130 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 - 12/8/2008 M8. KIM Okay. MR. KMOIAN- 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 stope returniag'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. LISKINt Do you have a note from your mother?" This is ridiculous. MR. HM MAN: All 2'm looking for is same dignity and.respect, air. MR. LISRIN give to the communities -- MR. ALLHN: 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. : I do not. I can answer any questions that many people am 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 PRBCISB RBPOR=o SERVICE 800 -647 -9099 NCR UP /RA 00275 23 NCR 00131 M i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 81 22 23 24 25 NEWPORT COAST RECOVERY - 12/6/2008 answer anything. iIn not here to create any more problems. I'm sorry -for whatever was created with this whole situation. I'd like to help. MR. h1a i think it would be really important wbile the hearing is going an if you would think about what kind of time comni.tment. you can make to put a complete wrap on thls.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 dam right, it needs to be pretty quick. MR. NM MM: Me'12 have it done. THE COURT: It needs to be comprehensive. MR. NSMISSN, it will be comprehensive. We have one through six pretty well camplated, and:i.can.havc this all completed -by Friday .of this wash. MR. ALLSM: Well, okay. You know how that goes. You submit it, and than the staff says, wall, 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 an Mat. 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 comeback up, and you'll have an opportunity. PRECISE REPORTING SERVICE 600- 647 -9099 NCR UP /RA 00276 241 NCR 00132 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 So, we're going to open the public hearing now. And as Mr. Kiff 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 buizer 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. eo 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. LIS=.- My name is Matt Liskin, and I want to apologize -- L- i- s- k -i -n. And I want to apologise'to everyone bore. But after the speaker from the facility got up, I lost my temper. The reason L 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 in about 20 years ago I started a oompany in health care which became the third largest provider of acute care hospitals in the country, SO hospitals. And from the facility level up, health care is PRECISE REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00277 25 NCR 00133 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 a local businesa. -At each facility, you have an administrator who is responsible for very basic oPerations. And the fact that there 3s 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. Ny view is that they -can't respond to the City, how are they ever 901W 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 tine they have been given, again. how can they respect our community?. 8o 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 Lt.'s clear this gentleman is being an absentee owner, and I don't care if the doe 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 JAO0 certified, this facility? I doalt 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 NCR UP /RA 00278 • 26 NCR 00134 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 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. AR. ALLEM. No, you need to address up here. MR. LZSKIN3 Excuse me. "As an owner, it is his responsibility. NO 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 a. use plan, and then he'll respect the City. But this.ia nonsense. And to give him a continuance 1e disrespectful to everyone in this roes. Thank you. SIR. BATLBY: My name Craig Batley, Eta- 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 eams way here. We have all this City time taken, we have all the time of the people out here, and I probably imagine not ass 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. Prom PRECISE REPORTING SERVICE 800 - 647 -9099 NCR UP /RA 00279 271 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 RECOVHRY'- 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 cboice.but to continue this, no choice whatsoever, or just not approve it. On its face, this is not approved. I 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 same either'. This whole process makes no sense. I recommend that you flat reject this application. MR. MXTJMR3 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 NCR UP /RA 00280 gal NCR 00136 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 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. Be I'm not against sober living, but I'm against this location: Also, wben 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 mach for letting me address you. M. WM: My name is Paul Lopez, and I live at 1125 1/2 Neat Balboa Boulevard with my wife. MR. ALLEN. Could you Spell your last name? MR. LOPBZ: L- o- p -e =z. And I actually have to say that I'm probably a PR&CISB REPORTING smwim 800 -647 -9099 NCR UP /RA 00281 291 NCR 00137 , 1 a 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 as IMPORT 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 comment.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 queen, Mr. Newman, who talked about it's like having 20 guys together, and we do our beat 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. Bow doss one PRECi88 REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00282 30 1 NCR 00138 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 RBCOVBRY - 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 . to hr. Newman, l'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 applicatioms come up. But for anybody that lives between 11th and 12th street ever 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 Oa -site. I can tell you the two on each side of me, all those kids have care that they park out in the stmt. Noise? Again, I not 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 12.30 at night joking and smoking. God, aunt have bad managers there. 31 PRECISE REPORTING SERVICE 800 -647 -9099 - NCR UP /RA 00283 NCR 00139 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 - 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. Newnan. talked about how he's going to run his facility. And my, question to. him and others is how you can make a commitment to the comounity 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 mid effort and respect into doing it, as others have-in the community. I see no reason Why We should entertain their pe=it any longer. Thank you. MR. NA1'HOR. I'm Larry Mathena. I, submitted written comsents, Wa -t -h- a -n -a. Just very briefly, because I tbiuk there's a nuaber of things to focus on here. N umber one, you have not had diligent pursuit, whatsoever. Number two, you have had a clear example, as PRECISE REPORTIM SERVICE 600- 647 -9099 321 NCR 00140 1 2 3 4 5 fi 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S MWPORT COAST RECOVERY - 1218/2005 ' Paul has rightly said, as to, from my perspective, utterly poor management. Number three, I live in the same.building as Paul, so everything he said is also true for me. MR. ALLEN: I'm sorry. What's your address? MR. MATHE Ms 1125 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 preclude& them from having 100 car permits tomorrow. So I totally agree with your observation that there should be a play 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 NCR UP /RA 00285 33 1 NCR 00141 t 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 - 12/8/2008 they follow those specifics. And if they don't, that they are subject to potentially losing their permit. Next thing I want to put out there -- and I hear sort of the waffling already. You know, I' vs. 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 my perspective, it looks like we -ra 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 S. 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 is the context of a PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00286 341 NCR 00142 1 2 3 4 5 6 7 e 9 is 11 12 13 14 15 16 17 i8 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 boon 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 000, 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. OTTINGs Hi. good evening -- I mean, good afternoon. Happy Holidays, Merry Christmas. My name is Dolores Otting, 0- 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 19 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 NCR UP /RA 00287 NCR 00143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 IMPORT 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 tqa other areas in the county that cam to help, but you can't really got 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 pine Chief, which is signed by stave Bunting. And I want to read these paragraphs. it says, "Notwithstanding that the current California Building Coda, which took effect to Newport Beach an January 1, 2009, 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 Reach's Fire Marsbal. I may be unable to, do so without having a comprehensive code analysis by a qualified architect in hand as I complete my 36 PRECISE REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00288 NCR 00144 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 - 32/8/2008 review of each.situation. As such, I strongly encourage you to seek this comprehensive code analysis by a qualified arebitect.prior to your next licensing renewal.* Theo it goes on to another letter of dune 6th, okay, which states, "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 sane more clarity on this, because I think that were 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 so to nay that you'ra going to give them a permit, and then later on, you're going to go after all PRECISB REPORTING; SERVICE 800- 647 -9099 NCR UP /RA 00289 MI 37 NCR OD145 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 16 17 i8 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 of this, and I donut think this process in 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 tbe.number one issue, and I think the way you do this needs to be redone. Thank you very much for your time. tut. WETIMOMT: Mr. Allen, my name is Drew Metherholt, W- s- C- h- e- r- h- o -1 -t. My family and 2 have been residents here for 15 years on the Newport peninsula. :Nenpmrt Coast Recovery, as we all know, is literally adjacent. to Newport Elementary school. Raw 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 NCR UP /RA 00290 38 NCR 00146 E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 2,0 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/6/2000 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 achy our family will not be attending Newport El. I Personally know three other.families that will be not be attending Newport 21. They have chosen to select other schools or private schools. How does this impact Newport 81.7 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. MCISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00291 39 NCR 00147 1 2 3 4 5 6 T 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 Macy 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 Lttdoff (phoastic), M.D., but he certainly is not overseeing all these patients all the time. i find it fu=Y 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 be's been a resident of Newport Beach and underatande 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 fesbion. Do we not 40 PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00292 NCR 00948 i 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 M WFORT 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, ALLRH: 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 be'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 S 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, no 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 RBPORTING SERVICE 800- 647 -9099 10[a] :411:11 :L19e1110481c? 411 NCR 00149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 2s NEWPORT COAST RECOVERY - 1218/2008 theybhave been very receptive and said, "Fine. Well 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 cane of our tenants. And since - one time I went over, one of tha.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 elude 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, itts not very business like. PRECISE REPORTING SERVICE 800 - 647 -.9099 NCR UP /RA 00294 42 NCR 00150 IMPORT COAST RECOVERY - 12/$/2008 1 It seems like if you were doing paperwork that 2 meant you were going to be in business or not in 3 business, you'd be pretty diligent. And they certainly 4 haven't been diligent. 5 And police activity, he mentioned. We've seen 6 cars, police cars, out there before. Ne've stopped going 7 down Balboa Boulevard. 0ae time, there were at least six 8 police cars. We asked the police, •What is going onto 9 And they said, *Do you live in that facility?, 10 We said, ONO.n 11 And they said, "Well, we can't talk to you 12 about it.* NO went beck and tried to pull up on -- the 13 police is supposed to do infonntion reports within a 14 couple hours after they go to a site. Nothing was done. 15 eo.anyway, I think it's relatively easy to deny 16 this application, because they haven't followed through 17 as they should, and I hope you take that impetus now and 18 do it. 19 Ms. DBiNIMM: My name is Mary Deininger, 20 D- e- i- n- i- n- g -e -r. I've lived here 35 years. 21 I'm me of the parents. I did take my children 22 out o£ Newport Elementary because of the atmosphere 23 there. But I would also ask that you deny this request 24 and turn my two minutes left of whatever time over to 25 Denys Oberman, because she has a longer presentation. 43 PRECISE REPORTING SERVICE 800- 647 -9099 NCR 00151 NCR UP /RA 00295 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 MR. ALLEN: You took your children out of Newport Elementary because.of the conduct of the -- MS. DEXMINMs Because of the atmosphere I there. MR: ALLEN: -- rehab facilities? MS. DBININM: Yes. MS. OBE88M. -ftod 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 area -t used to me being like that. I have been -- there axe 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 RSPORT1Na SERVICE 800 -647 -9099 NCR UP /RA 00296 94 NCR 00152 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 NEMRT 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 bebavior. And it's unacceptable to me and inequitable to expect us to continue to put -up with that. 8e 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 bas had over six months to complete the application and has substantially failed to do. Sothis amount of time is more.than what we would consider to be reasonable. Relative to the representatione'thns far made and submitted, I have some additional comments. One is I noticed an page 1,-and this is relative to the application submitted an of December 4tb, that the Applicant left blank items questioning compliance with state and local law. We contend that the Applicant ban 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 NCR UP /RA 00297 45 1 NCR 00153 2 3 4 5 6 7 e Q 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY 12/8/2009 2007 through June 2008 time frame. The reviews demonstrated that Newport Coast Recovery had never applied for or received conditional use permits or FZP'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 '3'm trying to beat the clock -- at 1219 West. Balboa, whose residence confirmed that they received counseling' from Newport Coast Recovery etaff 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 on staff by repeatedly claiming. that this facility vas goc& boys or, an is the application, a •transiticmal Carew facility. The Applicant doom hold an ADP license for 1215 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 Iresidente. Is that my three minutes? I get two left. PRECISE REPORTING SERVICE 800 -647-9099 NCR UP /RA 00298 461 NCR 00154 1 2 3 4 5 6 7 B 9 10 11 12 13 14 is 16 17 18 19 20 21 22' 23 24 25 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` couldn'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 has 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 gcne9 MR. KIFFs It needs to be abated by the end of February M8. OBERMAN: Okay. Very good. The other thing tied to Mr. Perlin is that PRECISE REPORTING SSRVICE 800 -647 -9099 NCR UP /RA 00299 471 NCR 00155 ME 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 NEKPORT COAST RECOVERY - 12/8/2008 Mr. Perlin is -- he does provide intake services to another operator. Why does this matter? Because there's a repiresentation 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 Coast Recovery. So I'm confused. I'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, etcetera. It.doesn't respond to the disability compliance. And the applicant's business is actually within 300 feet of Newport Elementary School. H04 the Applicant submitted to what he was legally required to.oubmit 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. So they have been involved with alternative sentencing 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 SSRVICE 600 -647 -9099 NCR UP /RA 00300 481 NCR 00156 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 particularly this me, 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 for the particular facility. When you have large numbers of people throwing little cigarette butts 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. ALLENt I think it's time to do a wrap, all right? MS. CSHM M: Okay. MR. ALLZM* We're out of time. MS. OB10MWI I will wrap. I will wrap. MR. ALLEN- Pardon? M8. OBORWY: Almost seven minutes. MR. ALLM Seven minutes? It's wrapped. It's MS. OSaRKRN: Okay. I'm a wrap, baby. MR. ALLEN: Thank you. MS. 0SM MAR: Wxcuse 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 PRhECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00301 491 NCR 00157 I . 2 3 4 5 6 7 B 9 1O 11 12 13 14 15 16 17 18 19 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 Sorer Living by the Sea and Newport Coast Recovery package. MR. KIFF: _Sure. MS. OBERMAN: Thank you. MR. RIPP: I got it from you. Thank your Denys: MR. ALLEN: Mr. Riff, just while we have that map up.on the board, and -- what is the facility that's just north of that? .Looks like it faces on Hay Avenue of this facility. MR. KIFF: Let we go back to this page here. This facility is Newport Coast. This facility is 1217 west Hay. 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 in the class of Mmes that is except from 10=1 regulations. MR. ALLEN. But the probability is that one will locate there, then. In that fair to say? MR. RIFF: That. would be fair to say, yes. That +a why I put it on. the map. PRBCISS REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00302 50 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 case that you referred to earlier that was commented on, that one is subject to abatement but will, presumably, go through the abatement process? MR. KUF, 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..ie 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 Pebruary 28th, sorry, February 22nd is the deadline at which that would occur. MR. ALLSNz May. Thanks. MR.. STMM: Good afternoon. My name is Parker. Steel, S- T- 9-9 -L, I'm a lifetime Orange County resident, and I've in Newport Beach for four years. I lived in the Newport Coast Recovery muse 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 toaster's degree in business and environmental law from one of the highest ranked colleges in the nation. PRECISE REPORTING SERVICE 800 - 64.7 -9099 [y :ill �l :L��IuRhR? 511 NCR 00159 • 1 i 2 3 i 4 i 5 6 7 a 9 10 it 12 13 14 15 15 17 le 19 20 21 22• 23 24 2s NMMRT COAST RECOVERY - 12/8/2008 There are people there - it's -- obviously it's a difficult tins. IS there smoking going on? Yeah - But I'll tell you what, the other tbree -Plus years that I have lived in Newport Beach, we were doing drugs, and the thrash we created was way worse and much lose manageable than any refuge that may be created here. Slant to talk about parking problems? This is a seven- person -- there's seven -unit apartment complex, you know. Sven if it was not a recovery house :thereIa 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 ease 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 era 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 toll you; as someone who went through this program, there are very strict regulations with regard to PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00304 S21 NCR 00164 0 1 2 3 4 5 6 7 B 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 i 25 NEWPORT COAST RECOVERY - 12/8/200$ curfew and noise and smoking and clean up and responsibilities. And those are things that are not imposed on any other residents within Newport Reach. Thank you very much. MS. NWRNT: My name is Joyce Nugent (phonetic), and I live on the peninsula. And 2 want to say that that gentleman who was Just up here who was talking about that he was an alcoholic and all this, what happens is after they are in 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 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 Is go forward with the plan no we can have a decent life here and not have to hear, people Screening 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 axe just trying live a normal, peaceful, happy life and enjoy the PRECISE REPORTING SERVICE 900- 647 -9099 NCR UP /RA 00305 S3 NCR 00161 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1s . 16 17 18 19 20 21. 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 Thank you. MR. RIFFS 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 No. Nugent's 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 whore. . people stay :in recovery and stay insobriety the rest of their lives. These are folks who are disabled. M8. NUGMT: T'd like to know what the percentage is -- MR. RIFF: -No. Nugent, your time has come and gone to.speak. We have -- these folks are a disabled class. Thar 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 overcancentration of such facilities in certain neighborhoods. Thank yon. MR. ALUM Anyone else wish to speak? MR. MUM I would. Can I submit stuff to the record? Is it all right? PRECISE REPORTING SERVICE 804- 647 -9099 NCR UP /RA 00306 54 NCR 06162 U 1 2 3 4 5 6 7 a 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 MR. RiFP: 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 waive 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. Mow, lid 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 -- iet'e see. I brought a.DVD that I'd like to show that explains sage 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 were literally 3 feet from the adjacent facilities. The 1216 Hest 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 55 PRSCISX REPORTING SERVICE 800 - 647 -9099 NCR UP /RA 00307 NCR 00783 1 a 3 4 5 5 7 a 9 10 11 12 13 14 15 16 17 1a 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 -- therela.two two -oar 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 everting 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. Tbank God it was an Saturday or Sunday when people noticed it PRECISE REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00308 561 NCR 00164 t ' i 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 - 12/8/2008 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 relicensad. So tbat'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.. 90 I fear that.. I mentioned earlier about my two young kids, ages 9 and 7. Well, tbere'a constant profanity that occurs from the facility. V11 wrap it up real quick and submit onithis. Let me tell you. See this, please, and listen to.this, and you'll nee exactly what I'm talking about. Jeff, you've gone good work.in.helping out this neighborhood. ., It's mach better than it was five years ago. But it's still a fraternity, and it's still an environment that's.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. KZFF: Thank you. MR, ALLE93 Anyone else wish to be heard? 57 PRECISE REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00309 NCR 00165 1 2 3 4 S 6 7' B 9 10 11 12 13 14 15 16• 17 18 19 20 21 22 23 24 25 NEwpORT C0A$T RECOVERY - 12%8/2008 DR; ALRIRS: I do. My name is Dr. Gloria J. 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. AL&I&8: Alkire, One is. the . application process. Ana, 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 agent an entire week on the application, or I wouldn't have been able to run. When I got. peraitS 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 hero is we either all follow the law, follow the codes and we turn things in on time, and we d=%t have exceptions. When we give people exceptions, then I wander, 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 600- 647 -9099 NCR UP /RA 00310 581 NCR 00166 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1s 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 as;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 moat. importantly is school safety. This is very unique campus that's on the beach. It':s 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 Coot Cable to do an interview. I also went to the Times and did an interview. Roth places would not allow me in without a badge, my name, parking stickers, and all kinds of i.nformation.about me first. PRECISE REPORTIM SERVICE 800- 647 -9099 I►[y:i�l�l:L��hRiif 591 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 barriers. Sven wheel 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 We 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 �aroenoggh to consider. Thank you. MR. AYLM: Anyone else? MR. SCHOOMOvSRa My name is Mark Schoonover. I'm a property owner of 1400 Nest Ocean Front, and -- PRECISE REPORTING SERVICE 800 - 647 -9099 NCR UP /RA 00312 60 1 NCR 00168 I t 9 1 2 pleasez 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 12/9/2008 MR. ALi,BSa Can you spell the last name; 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 an Saturdays and Sundays, there's-big-group meetings right in front of my.bouse. They bring, your vane over, drop off all their residents right in front o! 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. It'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 Be* 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 800 -647 -9099 NCR UP /RA 00313 61 NCR 00169 ■ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ous 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RBCOVERY - 1218/2008 all day long. My truck bas 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 sight in front of their house. $acase me. 86 1 have to say I agree, and I thixc that this application should be denied. 'MR.,TA MOYEAR: MY new is Willis Longyear, L-o-n- g- y- a -a -r. The first name is M- 1- 1-1-i-s- I am emeaed, first of all, to hear that you've been calling and calling and calling somebody'to plead with them to bring the information in. Every time I've wanted a permit, I had to turn the permit in. If it wasn't in, it .wasn't there, and that was the and of it. My six montha of coddling this thing? Why is there even a question if there's a limitation of a minimum of a thousand feet away from the school? 'Do you have to wait for something bad to happen to suddenly realise there's a reason for it? This is a no- brainer. They should not be permitted. Thank you. MR. ALLM Anyone else? MR. MYSRS: Can I make one more quick comment? MR. ALLEM: Sure. Quick. PRECISE REPORTING BERVICE 800- 647 -9099 NCR UP /RA 00314 a, 621 NCR 00170 WAN K 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 MR. MYBRS: Sorry. I also wanted to State for THE RBPORM: Your name again, please? MR. MYSRS: Jeff Myer$, M- y- a -r -s. I've lost tenants in my rental unit because of the proximity and the noise and profanity coming from this place. so love had a financial burden. MR. AU M: Anyone else? MR. MCIaMSI8:: Nell, my name is Terry MaXensie, And -I own and live is the property. at 1149 Went 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 91. -- my children went to school there, and, you know, it's a wonderful school. And Iva -- basically Iva a legacy, and it's a» important part of the community. And alternative would be to move Newport El., 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 got a permit without PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00315 63 i NCR 00171 F 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 e NEWPORT COAST RECOVERY - '12/8/2008 having all my ducks'in a row, and -- which I think is great, and I thick that's the way it should be. Thank you. MR. ALLM If .someone's waiting t0 be the last, come on up. MR. SMAWS. ply name is Tony Sigalos, I Aive at 1019 West Balboa Boulevard. I'm amased 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 me 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, ^Neil, you can't operate in Newport . without a iicenes..■ So the place I was doing business with said, "Don't worry about that. we'll take care of it. You came back tomorrow." I went back the next day. City license men 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. Ne submits plans to the City. They went through all the PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00316 641 NCR 00172 1 2 i 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 proper channels and the fire department. Everything was approved. The house was completed. He came in to got hie permit to move into the house, and the fire department came and looked, and looked in one of the closets and said, •Hell, we want to put another sprinkler outlet in the closet., And my friend said, wvhy? i gave you all the plans and the permits, and got all the permits and everything was approved.- nNell, we're looking at a closet that's bigger than we realised, 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 eeemed 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 wine and sewing nave, we'll close the public hearing, then, and commence apse discussion from staff. There certainly has been a lot of issues raised. Any suggestions where to start here, Fr. Riff? Ia. RIFF: Mr. Allen; a couple of options for 65 PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00317 NCR 00173 NEWPORT COAST RECOVERY - 12/8/2008 1 you. You can certainly have Mr. Newman cols: back at this 2 time. There were a number of issues that I think would 3 address more the City and the City regulation. I'd be 4 happy to address those earlier or later, depending on 5 what you'd like. 6 MR. ALUM: Now about having Mr. Merman corms 7 back up and give his rebuttal, if you will, or whatever 8 additional comments he'd like to make, and then :we'll do 9 that. Thank you. 10 MR. NZWMAN: Nell. I don't know how I can 11 follow that up. Basically, this hearing - Newport Coast 12 Recover at -this hearing is definitely, you know - we 13 messed up on this application. I mean, I delegated it, 14 it didn't work out, and ,it's my fault. It doesn4t mean 15 that we're -- that the facility.isa't managed properly. 16 Cur people are under strict time constraints. 17 They have to be is meetings. They have to sign in and .. 1s out when they leave. They are not just running around, 19 sitting, causing havoc. 20 There. in a meeting on Saturday and Sundays that 21 is a Narcotics Anonymous meeting. Maybe one or two of 22 ' our clients attend that meeting. But that's a meeting 23 that is every rehab in Newport Beach and outside of 24 Newport Beach. 25 And I don't think it's fair that, you know, gCISR RP"RTIN{4 SSRVicB 800- 647 -9099 NCR UP /RA 00318 66 NCR 00174 i 1 2 3 4 5 6 7 8 9 S': 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 awoke on the beach. They'd get a ticket. It's against the law in Newport Beach to smoke on the I beach. And, you know, itts -- 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 whare.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 ars 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 theme 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 NCR UP /RA 00319 67 NCR 00175 I 1 2 3 4 5 6 I 7 8 9 10 lI 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RBCOVBRY - 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 than they calm up here today and told me haw 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 whon.people are dealing with their hates. It's very personal, and I do understand. I just want to try to work with all theme 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 tracks in a row, a tiny car can't get through. 8o this isn't a problem just because we decided to take the burden off of the garage collectors in itewport Beach. We've gone private, so we don't have a problem. But. you know, it'a very easy to twist PRECISE REPORTtOG SERVICB 800 -647 -9099 NCR UP /RA 00320 68 M NCR 00176 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 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 cam 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." 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 raal.bot 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 gat 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 thsm individually. MR. AWANt Nell, no. ,I don't see any point in PRECISE REPORTING SERVXCB 800 -647 -9099 NCR UP /RA 00321 69 1 NCR 00177 q 1 2 3 4 S 6 7 8 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 NEMRT COAST RECOVERY - 12/8/2008 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 Ban special attention paid to that if there's any hope of making this approval work. MR. H MMAMi Can I address that a bit? MR. GPs xou certainly can. MR. =M&Nv You know, I hear over and* over about all the criminals and all the criminal. element. You Xww, our facility does take DUI a fenders. No question about it. Its take drug offenders. That's are not violent. We dan't take any violent criminals whatsoever. Our people are really regulated. I mean, the People that cocas in are .required to sign in and out. And if it's leas than 30 days, they can't even leave the facility without a staff member. All that vandalism and all these thingethat people want to attribute to a facility where people pay a great deal of •money to came 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 M=BE REPORT= SERVICE 800 -647 -9099 NCR UP /RA 00322 70 NCR 00178 1 kA 3 4 . 5 6 7 9 9 10 11 12 13 14 1s 16 17 is 19 20 23. 22 23 24 25 N3MRT COAST R$COVERY 12/9/2008 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 W. 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-ft 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. Ky one neighbor who has problems with us but he was nice enough to say halo 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.think 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 Deny* Oberman mentioned about 12'19 west Balboa, we did operate sober Living there with six or less people. As .soon as PRECISS RNPORTIM SERVICE 800 -647 -9099 NCR UP /RA 00323 71 NCR 00179 I l 2 3• A S 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEMRT COAST RSCOMY - 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 -- We 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 problema. It is what it is now. we'll .try to rectify anything we can. MR. ALLOT: okay. Thanks. MS. OBERON: May I ask a question,. Mr. Newman, please? MR. AmEs: Why don't you come UP and ask the question to me and sees if he hears it, and he can respond. NS. OBE9M I Okay. I apologize. I apologise,. air. Denys Oberman. on the application, there is a statement that was made that.saya there is a "transitional facility" that's in the application located at 1719 West Balboa. PRBCIAS REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00324 72 1 NCR 00180 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 N KPORT 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 thatis why I said past tense. However, I rote it in the application. MR. ALLEN: You said you wanted to ask him a question -- MS. OBERMEN: Yea. MR. AST: -- so state the question. MS. OHSMWz The question 'is, is there a facility or is there not at 1219 that he'opetstes7. I£ it is not, why is it in the application? Thank you, sir. MR. ALLEN: Mr. Newman, would you quickly respond to that, please? MR. NSNMAN: Certainly. There is no operation there. And the application asked if you've operated arty facilities other than the one you have in the :past so marry years, and -- MR. KIFFs VIVO. MR. HEMMA r: -- in the past five yearn. So rather than being dishonest and say no, we absolutely put it down. And Denys known we closed it down, because I met with Ms. Oberman over six months ago and told her it had been closed. MR. ALLEN: Okay. Thanks. An right. Let's return to staff here again. 73 PR$CISE REPORTING SERVICE 8.00 -647 -9099 NCR UP /RA 00325 NCR 00184 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 NEMPORT COAST RECOVERY 12/8/200e mr. Ziff, do you have some Caements to make? MR. RIFF: I do, Mr. Allen, end 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 same activity. so they are anxious to complete the application. This is not the case with the use Permits for existing uses in residential zones. baud we 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.., ire 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 tbat, at .a staff level, it would be an encouragement to the various applications -- applicants who have not turned in their information tc actually set the hearing, so there is a deadline before the February deadline to at least give them due process. PRECISE REPORTING SERVICE 600- 647 -9099 NCR UP /RA 00326 74 NCR 00182 3 2 3 4 5 6 7 e 9 10 11 12 13 lA is 16 17 18 i9 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 ,80 this has been completely consistent with what we do with other permit applications. dive someone time to get 'their application in, hold the hearing, and if the application isnot 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 mould never otherwise be allowed? I think Mr. Sigalos spoke of that. Newport Coast Recovery does have a license. It has a license Prom state ADp. it also get a clearance from the fire department about probably four years ago to allow them to file for their.application. Nor, 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. go, therefore, folks who operate a recovery PRECISE REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00327 7S1 NCR 00183 e 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 NjWpORT COAST RBCOVERY - 12/8/2008 facility like 14r.'Newman - -.and I'm not targeting him specifically because it's 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. Ths State doesn't.to that. 'That's something we may work on legislatively, but that's the practice an it is today. Finally, unless you had any other questions, Mr. Allen, I wanted to start about the ,school Px=iMity issue that you addressed. In our ordinance,. we did not put-in a hard.and fast distancing from schools. And we dill that,for a specific reasons that to do no would be facially discriminatory against persons.fn recovery. what we did do is we allowed the Nearing 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 Bober 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:REPORTINO SERVICE 800 -647 -9099 NCR UP /RA 00328 761 NCR X984 i i l 2 3 4 5 6 7 a 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 vol=teere take that distancing, weirs 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 Vecemher, 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 conch, just in kicking this back to you, that we do recommend a continuance. We do recommend a hard 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 in 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. AUER- Were you going to have -- discuss anything about the fire issue and the permitting beyond what you've already mentioned? MR. KI t I can a. little bit. I mentioned how PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00329 77 NCR 00185 1 2 3 4 5 6 7 e 9 10 11 12 13 FSII i5 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 Marsbal 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 An the ordinance that says that the more fact that a 29 -bed operation is caning 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 now code requirement, a new review by the Fire Marshal. Our application, unforturately, does have a section in there for a fire clearance. That it needed for new applicants. we can apply this for someone coming in now. 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, Wi 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 78 PRECIS$ RSPORTIM SERVICE 800- 647 -9099 NCR 00186 NCR UP /RA 00330 I 1 a 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 1s 19 20 21 as 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 today, the fire codes may change every two years or every Your years. We don't go to every home in the City and Day, "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'a 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. VNMEMIPM SPEAMI What about building permits and lack of them? MR. KIFF: 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. Soma 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 RRMTING SERVICE 800 - 647 -9099 NCR UP /RA 00331 791 NCR 00187 1 2 3 4 5 fi 7 9 9 10 it 12 13 14 1S 16 17 is 19 20 21 22 23 24 2s NEWPORT COAST RECOVERY - 12/8/2008 the permit. And again, attempting to apply that ordinance, that practice, across every use, including group hmes, to be ccrosistent, to he non - discriminatory; Mr. Newman Imp that same opportunity, and imagine did when he did work without a permit. He is entitled to cane in and get that fixed. If that means, again, :paying a-fine, lifting the stop work order, that's. what heod indeed have to do. The same thing we'd allow for anybody, any resident, any business in town. MMMTIFIgp SpgAM= __ {inaudible ?. fire inspection? MR. ALLzNj 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. 1QFFi I will try to answer one more time. Mr. Newman's use did not changer therefore, we cannot require an additional fire inspection up to current codes. MR. ALLEN: Thank you. UNIDENTIFIED sPRAIMs What happened to the fire code speaker last week? MR. IIIFF: I can talk about that in another format -- form. PRECISE REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00332 so I NCR 00188 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 2s NEWPORT COAST RECOVERY 12/8/2008 UMDOW IFIED Spmumt would that apply to Balboa Recovery? MR. KIPP: If you donit mind, Mr. Allen, Ism happy to address that; too. There is an assertion that cur current Fire" Marshal has made that previous fire clearances may, we don't know for sure, but may have bees issued in error. The, interpretation is very challenging, as the Fire Marshal stated at the Balboa Horizons hearings that Fire marshals up and down the state have misinterpreted this. So the question for us -- but itts 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 Mr. Newman Ia facility. It may or may not apply to Balboa Horizons. We cannot interject it into the use permit process, I however. MR. ALLEN. 8o there has been a change in PR8cIsE REPORTING sERVICE 800- 647 -9099 NCR UP /RA 00333 81 1 NCR 00189 I. i. 1 ' 1 I - 2 3 4 5 6 7 I 8 9 l0 1l 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY — 12/8/2008 interpretations since the last bearing? MR. AIFPs 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 I that. MR.- AZAAN: That flows.with me, too, frWa legal standpoint. Okay. At this point, my decision is to follow the staff recpmmeodaticn need continue this matter. I don't believe that the timing is right to deny this, and I don't think the timing in 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 oiment 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's been so much constenasation in this community over these uses, and we-need to look at tho 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 NCR UP /RA 00334 821 NCR 00190 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 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? M8. BROWN: Yee, 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 got that information in by the and of this week; is that correct? MR. NEWARMs Yee, air. MR. ALLEN: 90 the end of this week is the 12th, and there's going to be some give and take after the 12th. Mr. Rife, I'll bet you4re looking at the calendar up there that,s pretty convenient. MR. RIFF: 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. 8o conceivably we can set this hearing for that 83 PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00335 NCR 00191 I 1 a 3 4 5 6 7 8 9 10 11 12 13 14 25 16 17 18 19 20 31 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/3008 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. NR. ALLEN: I have availability during that time, so - MR: XM: Okay. HR: ALLZNx -- that's fins. xR. Kipp: rim hearing Debbie say because of nwticiag that it's probably more appropriate to try it the week of 12th through the lath. 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. NENXW:. I will be here. MR. RIPE eo that would.be, if your calandar works. Mr. Allen. At 4 o'clock, this came location on January 12th. MR. ALLEN: would we have -- would we have the two -hour limit? Not that I'm anticipating we would have tc 90 beyond that, but we will want to put a wrap on this 84 PRECI99 REPORTING SERVICE 000- 647 -9099 NCR UP /RA 00336 J NCR 00192 A 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 2S NEWPORT COAST R19COVERY - 12/8/2008 application at that time, and if we need to go a little bit longer, do you think'we could? MR. RIPP: It looks like the roan is available that night, if that calendar is correct. MR. ALLEN: We'll make that an order, that this U86 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. He have a Court Reporter here taking it all down, which is a very distinct advantage, because that means it's permanent for us. 8o those of you that can't make that hearing, You can rest assured that at least your testimony tonight will be considered, and it'e 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. RIPE: Mr. Allen, very briefly. A reminder to the public from the Kramer Center and the Balboa Horizons' Part 2 hearing is this Wednesday at 4 o'clock, in this same location. MR. ALLEN: All right. Thank you. With that, WO-11 adjourn. PRECISE REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00337 85 NCR 00193 1 2 3 4 S 6 7 8 9 la i1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY - 12/8/2008 (finding time: 5:50 p.m.) PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00338 86 1 NCR 00194 w 2 3 4 S 6 7 a 9 10 11 12 13 14 15 16 17 28 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 ae• directions further, that the foregoing is an accurate transcription thereof. I further certify that I am neither financially interested in the action nor a relative ox employee of any attorney of any of the parties. IN WITNESS WHEREOF, I have this date subscribed my name. Dated: . ? M fthrk A. sap, RMl CSR No. 9266 NCR UP /RA 00339 NCR 00195 Word Index NCR UP /RA 00340 NCR 00196 _ 7► abatod47:22 abatement 8:14,18 10:9 51:3 51:3 74:18 77:15 ability 21:4 able15 .-5 , '31:17,18 56:24 58:15,17 '68:15 absentee 26:18' absolute 34:25 absolutely =52:16 73120 aaoept77 :2 acceptable 78:21 59:3 75:20'78 :2 eeco1010dste 19:4 aeoamieod.. . 6 :21,23 7.2 acoerate 87:11' soanrately 35:1 aakuowle. 67:23 Aat45 s 25 action 87: it activity 19:23 20:3 43 .-5 74:9 74:13 aaate25:23 add48 :25 63:12 65:13 NEi7PORT COAST RECOVERY - 12/8/2008 75:23 added•48:22 addendum 11:7 addition 11:17 22:1 22:19 56:2 S6:17 additional 6s7.11:1 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 6614 67 :8 69:3;23 70:8 71:5 71:7,23 79:14 81:4 addressed 50:4:76:12 addtosses 75:6' addressing 1s:10. 8de488to 83:8 84 :2 t4djscemt 13:7,8 38:17 55:3 35 :20 8d3cum . 85:25 edmlaist... 45:24 administ. . 3:9 52:23 admiaist... 26:2 ::bait 73:1,1 adaitiad 44:13 adopt77:6 adopted 36:17 MY 7.10 20:10 36:21 37:13,14 46:19 47:16 50 :17 75:13,27 75:19 78:2 advaaos 77:15 83:8 advantage 85:12 advisedlO:s 37 :8 13:1 artasaoou 4:4 9s5 35:16 44t7 49 :24 51;17 a8eaoy.7:9 ages 57 a1 ago25:22 34:15 35:23 55;7 55:22 57:18 64:10 69;7 72 :3 73:22 75;14 egrie 24: 8 33:18 34:23 42;22 45:10 62:7 63:24 8:21 28:12 68:6 76 :24 76:24 82:5 agreement 8 :22 28:12 aid20:4 Albert 17:3 Alcohol 7.10 36:21 alcoholic 51:21 53:9 Alkire 58:1 58:2,6,6 A11=119 4:4,5,18 4:22 12 :18 14:17,21 15s7 16:18 16:23 20s21 21:23 22 :3 22:8 23,25 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 74x2 76 :11 77:8 77:22 79:7 60:14,21 81:3,25 82;2,7 83:6,12,16 84:7,10,17 84:21,23 PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00341 raga 1 65:5,20,24 OIUW 29:10 68:18 alleyway 41:22 alIM12:9 31:10 34:10 36:15 59:23 75 :15,16 7543 80:1.0 83;6 alloftd19r6 60:1,4,1 75410 MIA allows7:12 7:20 35:21 alterad78s4 alternative 48 :21 63:22 35 :3 anamed62111 64:8 amssuteds3:11 embunt3s:22 %45s12 -54:4 MI9 ssple 32 15 analysis 10:23 11421 14:10,14 14:19 36:24 37:3 37:7.9 83 :10 and/am 14 :1 14:5 Angeles 3:5 66:21 answer 12.If 20:19 22:3 23:22 24:1 NCR 00197 80 :17 anticipated 74:12 anticipa... 84:24 anxious 74:10 anybody 4z15 20:21.29:6 31:11 33:25 80:10. anyuay23:16 29:19 43:15. 79.-10 apartment 9:10::02:8 apologise 5s.1 15:5 2Se14,14 26:24 46:9 72::21,21 apologiaod 42:18 7 appealed d: 19;21 7 :4 3 :1 appears 33 -11 appeasa 66.16 Applicant 5:16,16,23 6 :3 9:12 9:15 10:2 10:5,11,12 10x13,15 10:20,24 12:10,12 13:4,20,23 14 -18,22 NEWPORT COAST RECOVERY - 12/8/2008 M9 23 :21 28:22 45t10,18 45:20 46:8 46r14,19 47:3 48:T 48:13 70:2 -84:17 applicants 9':23 74:22 76 :17 5:17,25. 48:11 application 4:20 5:6 5:34' S: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 1S: 23.21:1 :21 :4,22,25 122 ;4 27:24 28.:2,10,20 31:16 32:5 32:12,16 3512,7 37:12,13 40s25 42:25 43:16 45.9 45 :11,17 46:18 47:10,15 48:9 49:25 50:3,17 58!7,10,34 59:3,7,13 60:13 62x8 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 78:1S 83:9 85:1 appliant... 9:25 1027 31:11 74x22 7S:2 agpliad8:12 .46:3 apply 6:3.3 6 :14,15 8:12,16 78:17 80.-2 81:1,21,22 appreciate 67:22 S1:8 appropriate 70:2 76:20 79:21 84:12 14:15 31:5 70:7 Approve 6 :5 6s1B 12:3 12!3,5,5 21!15 28:6 28:777 :19 82:12,13 27:21 28:7 28:12 65:2 6S:9 approximate 44:9 architect 15:21 36:2S 37 ;3 area8:23 35120 38 :8 76;20 areas 18:21 18:21 36 :5 arrested 64:22 asked39z21 43:8 73:16 asking 26:5 57:7 60:18 assembly 9:20 assertion 81:6 assist10 :19 assistance 51:9 Assistant 3:8,9 Associate 3 :8 associated 18zS 26 :20 44:18 4528 48:3 55:12 Association 17i30 assuming 84 -1 85:15 atmosghars 43 :22 44:3 attempt 81.-16 attempted 46:14 attempting 80 :2 attand66:22 sttessded 17s8 attanding 39x6,8 attention 70x6 attitade 25:18,19 attorney 15:4 23:4 23:S 82:5 PRUCISB REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00342 Page 2 87:15 attorney's 68:6 attribute 70:21 audible 65.:19 audience 4:24 S :11 75:1 83 :22 aapsaat llrll August 10:1 1040, authority 12.-2.34:25 availsbi... 84s7 available 5:13,13 11x14,14 12x16 84.-15 85:3 A VQMUe.3 s 5 50:12 aahile41:9 58:6 a.m 18:12 8 baby49:21 ftaicb41:4 41!4,7 back 9 sl 22:14 24:25 33 :15 43:12 50 :14 55;25 61:19 64:19,19 64:21 65x15 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 31125 62 :19 bad" "9:24 Balboa4:7 4:14 8 :6,, S. 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 SS :21 barri M60:9 60:8 Baseball 17:10 based45:21 52:14 59x1 74:6 76:3 basic 26: 2 22:6 30:14 36:3 55:12 63:13,20 66 :11 basiaS9:13 76:25 Batley 27:14 27 :14 &W50:12,16 beaohi:l0 2:8,9 3:3 317,10 411 6 :9 11118 17:5,6,8 MWPORT COAST RECOVERY - 12/8/2008 29:23;M9 1 31:22 34 :9 35:17 36;13 38:5 39:.16,19 40 :18 •45:23 51 :19'52:4 52110 53:3 56 :23 59:16 64:12.,22. 66:23,24 67s2,3,4,5 67:18 68:23 72:5' Beach's 36:22 beat46:10 b"20. 20 bsdvooa :5:25 bade a 31, 8,9 8 :10,16 67:12 begaa21 :8 beginning 2 :9 behalf 2 r 7 bahsvior 25.:20 40:1 45:3,4 12:20 15:15 16:5 20:18 22 :20 27:22 47 117, 19 55:22 78:6 8213.,11 63:1 44: snelit6 :5 12:25 out 18:10 20sl7 21 :8 30:13 40:21 69:5 77:21 bet24:21 83:19 battW 21:20 422.4 47:2 52 :23 57:11 boyood77:23 84:25 big34:21 61 :6 70 :5 bigger6stlo b1024:2,5 bit9:3 31:2 44:14 55:9 70:8 74 :5 77:25 83:4 85:2 blank4S:18 blanket 54:5 blocka8:22 29:2 bloaka67:18 bloekiag 41t21 blocks 61:10 62:5 board 1719 50-11 ROM 3:4 botbera 56:2 8oclevard 2:8 3s9 4:8,14 9:8 29122 33:6 43:7 64:7 boya46:17 bciei'4 s 23 briell7 32:22 85:20 bting10s22 61-7 62:13 81:17 brokan 62 : 2 brought 55:13 Broas8311,6 brunt67:1 build64 : 24 builder 63:24 9:10. 13:.6 13:7,19,21' 16:2 17s.18 17:24 20rI3'33:3 34:19 35:19 36:12 37:21 59s17 78:4 79:12,24 81:17 builds 54:18 bailtSS:IS 79 -9 Bunting 36:9 barden63:7 68:22 bar? 34t16 bas 13 :15 begins" 17 :17 2822 18:3,6 26:1,11 32:5 42:7 42 :23;25 43:2,3 47:3,4 48211 51:24 52:22 58:22 64:11,17 64:23,23 67:9 69:4 75:9 78:24 80:10 bnsiaesses 34:14 PRECIBB REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00343 Page 3 52:18 60:4 72:5 buttal9121 42:16 49:9 buser25 :5 8-a- a -1-a -b 41:7 B- a- t -1 -r7 27:14 M C CA3:5,10 Cabie59:22 63:20.,22 84:20 85:4 Caliloraia 1:10 2:9 4:18:17 36e31,20 59 :5 87:4 oa1123 :10 30:13 64:21 s:al3.ad 39 t 24 45:23 61 :17 calling 62:12,12 82:12 calla 6112 11119 18:9 19125 2016 23s6 *Avg= 59115 caaa42212 42114 qtr 4110 cox 19s8,10 33:18 41:22 68:20 7112 oawo2stl8 25122,23 25:25 26:19 27:8 46116,18. NCR 00199 .47:5 "64 -18. carport56:9 care 19:6 210-29:1S 31:.30,15 31518,20 41121 4'3:6 43:6,8 cert37;16 0ass24;9 29 :12 35:13 52:14 74:11 83:12 84:5 85:10 aases39:23 79122 oashad23.6 caught64 :12 0ause72:13 aausea33s14 66:19 70:23 asaew81:18 dell 20:22 Ceater85:21 aeatra18:6 0grtaiu6:6 12- 9'44:17 54 :4,21 68:15 cartaimly 21 -14 39:2 40:10 43 -3 54:9 63:17 65:22 66-1 70:3,9 73:14 awrtitied 2:11 26:22 07 :3 awrtiEy87:4 87 -13 aatere48s10 0ha11enge 76:25 MKPORT COAST RECOVERY - 12/8/2008 challenges 77th . ahalleuging 81:8 chambers 11:15 chances 48:15 change1,8:25 .75:23 78:22 79:1 7965 80:18 81:25 51:22 "60:5 78:13 79:3 ahasanolu . 6521 chapter 6:11 charads 35:14: cbaw.W 30.IS charities 17 :11 0hsck23:6 7044 aheakl4at 9:23 Ckiet:36:9 chiblvem 37:23 38 :21,23 39:4 43221 44:1 55:4 57;19 63:18 ehaicw28:5 28:6 chcras63 :12 ahossn39s8 Christmas 35:16 ohsanolo... 11:19 chroaoloW 11:19 churah44 :22 19:21 49:9 61-14 cigarettes 35:22 42:11,16 61.14 0iramast... 38:19 airaamment" 46:15 *LtLzsa20:9 -45:23 67.15,17 oitizens 63:13 69:10 72:11 aity 228 313 3:7,8 4:6 4 :9,20 S:10 6:3 6 :19,:20 7 :4,18 8:21 9:13 9:19 10 -1 10:13,17 10:21 13:9 11:18 15:4 15:25 16:7 17:12,25 19 :14 20:9 2112 26:8 26:13 27 :11,15 27:18 28sl 30:22 32:13,14 34:8,10 35:8 38x4 42:.5 46:23 53:15 56:6 56:16 57 :4 58:8.10,11 58 :18,24 59s21 60:9 64:12,20 64:25 66:3 66:3 68220 69:7,8 72:1,11 77:17 79:2 82:5 citywide 79:6 City's54:3 claiming 46:17 alaias40:9 Clarify 5 ;24 83:4 37:15 class 50:20 . 94:16 al- mau19 :19 19:22 53:1 messed 17:24 21210 55:10 clear 25 -18 M I8 32:25 33:15 70:4 clearance 14-12 36:22 371ll 57:4 75 :13,.20 75::21 76:3 78:1,3,7 70:.26,21 81:15 clearances 81 -6 clearly 6 s 2 82.12 client39 :1 39:13 clientele 39:25 clients 18 :12,20 18:22 19:2 19: 6,9,10 PRBCISB REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00344 Page 4 31 :18 39:13;.17 39:19.22 40:1,4,5 66:22 67:3 7ls4,6,8 ` am -Lass 47:15 - alo0k46 :10 0tose29:S 30:24 38 :20" 40 :17,19 40:23 48:24 51:7 51:12 53:18 55:25 56s3 60:17 65:21 cloe"S1 :12 . 73:21,23 036ses5:23. alaset.65:6 :65x10 aiaarts65: :5 alosiAW20:8 51:;9. 73 :2 aleuds'61213 61:13,13 Coast i:8 5:9,11 6:15 8:24 9;7 16216 16 :16 17:2 17:2,14,17 19:1 38:16 38:24 39:2 39:34 40:4 44:10 46:2 46:12 48 ;4 4826 50:5 50:15 51:20 66:11 67 :14 15:12 85:6 Coastal NCR 00200 67:13 coddling 62:16 code 6:9,11 14 :10;14 15:11 '31:23 35:19 36 :12,24 37.-2,9 38:4,8 58:9 76:13 80:23 '81:17 codes-14 :13 36:16 "37518 58:19 76 :3 76:7 78119 79:1 80:20 83:19 0ode'879:3 Collectors 68122 Colleges 51:25 'aasOl'S: 9, 21 1618 16:5 19114 24125 29:9 29:37 31 :11 54':14 61e20 64:5 64:19 66 :1 66 :6 70 :17 70:22 72118 79:20 80:7 comes 16:20 19:12 5413 60:17 67 :2 74 :7 78111 Caoiag46 :22 48 :19 55125. 63 :6 68:18 69:9 74:8 78 :10 NEWPORT COAST RECOVERY - 1218/2006 78117 aaoreeaas 4:15,19 14 :19 15:10 65:21 ao4asat30 :1 30:7 62:24 commented 51:2 ccmentinq 30s7 Cannata Sd16,19,20 5:24 $2:21 45:15 54:5 55:8-66:3a 74sl'SS.18 cmait24 :20 acumttaant 24:6 32 :10 aomonplam 76 :2 cmauaities 23:14 Community 17:13 26:14 27:8 32:10,18 38:19 40 :22 54s19 63:21 82 :21 Cmpany 7: 23 25s22 49:11 33:11 comparison 33:8,10 MM"Iling 82:19 85:9 Complaint 7121 oaepla4ats 19225 46:22 67:15,17 71:4,5 Complete 10:23 12 :11 14:14,15 24:7 27:23 35.13 36:25 4S%l1 59:4 60:13 69 :15 74:10 77 :15,17 78:1 aaspleted . 1'5.19 1616 24:15,16 27 :24 28:2 6512 10 :7 18225 75:1 77:14 camplets.. . 24:19 coipl=S2:8 comw issae -45:16 48:11 Complies 36:15 Cusply 15:12 aoRpzelae. . 11:23 13 :2 14 :10,14 24:13,14 36124 37:2 83110 00408ivah3y 83:29 84:14 coacsatr... 63s1'S C1 nce06:23 000403a21:1 ,35:18 70:5 Cenosraed 20:9 45:23 69:10 72:11 o0nawraing 48s9 conoazns 18:9 69:4 conclude 42 :21 77:10 concludes 12:15 000"tice 14:15 137,22 conditional 46:3'48:16 48s21 couditio. 12:3,5 conditions 6:5 "33:16 33116 35:7 coadmaive 57:19 coudaet1017 41s2 conducted 10 :13. 3aoeEi I - 82:3 aonfisaed 46:11 conflict 21:19 Oearzoat.. . 71:8 confront... 45:3,4 contused 48s6,6 congestion 1921 consider 7:20 33:9 45:13 60:22 ooudider. . 35r22 PRECISE REPORTING SER4ICE 800- 647 -9099 NCR UP /RA 00345 Page 5 39 :5 S3s23 64:8 - aonsidezed 1318 5921 85.516 cousis tent 58:25 59 :2 7521 79 :6 80:4' 4onstoat 57 :11 26:4 82; :21 Constrained Ss17 ccastraints 5:25 MIS C nstact 10:12 contains. 36:13,16 Contend 45%20 Content 9.: 18 Contents 9ii6.83 :9 osattamtt 34:25 88:16 aostinuaace 24497M 3T:15 75rS 77:11,21 82:25 continua. 85:19 ocmtinue 6 : 6 2825 45:6 60s6 82:10 8435 continued 12:9,13 8536 aastinuCas 61:12,12 Control 18:10 NCR 00201 44s13 40.:2 coawnivat 83:20 am erting 56:8,12 bops 61 -17 co"47:9,11 corraet22:5 82A 83:14 85 -4 Qo]rreots us 37:10 O"tespe- 57:7 bost.74:25 Qow:oii 6120 j 7:4, 11:15 34:10 ..58:.10,11 59:21 69:8 69,:9 8.3:21 e4. :13 'Council ls COn06e115.4 23:8..78:5 82:3.5 wnaseliug 46:12 „20 ceaat.20:10 comntey 25.24 oonntya6:5 s1:le couple 8:31 14.:22 35:23 42:15, 43214 62.4 65:25. 71112 79.:17 ODnrt 7 . -17 7:18 24:13 48:20 77:4 85:11 NEWPORT COAST RECOVERY - 12/8/2008 31:24 popes TI. 25 Cox-5912l CV49,27114 oseate 22:23 _.24 :1 4.9 :7 created 24 -2 52:5,6 creates 49x10 .X 1p 70:11 .. osiainals 29:3,4 51:23, ,: 70:11,14 cross 58112 087:22 116 53:1 17:18 36:11,16 76:6,7 78,:18.18 80 :19 81:5 81:18 83x24. enrxeatly 9110.19:9 bu00ed39s24 n -_ daily 44:10 dspve>E05827 dafs6:6 1239,14 13:23 14:8 37:7 75322 75 :24 82325 87:16. datad36:8 87:19 Dase 3.8 15:23 22:17 47-12,18 David 9:9 day 30117 62:1 64 :19 days 12:13 18 :25 19:7 51:21 70:18 83:7 deadline 51:1S 59:12 74:15.17 74 :18,19 74:24,25 77:16 deadlines 23:18 41:1 4:2114:6 34:21 52:11 58:8 61:15 70:22 dealing 68:11 dealt34 -17 debate60 :1S Debbie 3:8 5:4 9:2 15:S 84.3 84111 dobtis19.is 1 :112:10 4:1 10:18 45 :17 77 :5 decsut53:20 decide 76119 dmdded42s4 68:21 decides 4016 daoision 6:19 34:8 79:24 81:20 82 19 decisions 6:20 decision... 76.19 dommod 12.11 dwp 17:13 datinitely 23:23 48:22 61:18,24 66.12 degz” 51 s 24 43:.19,19 44:3;6 delegated 66:13 deliver 293 9 . 11:15 dseonstr... 46:2 denial 75:5 ' dsoied49125 S041 59:11 62:8 65:17 40:19 density Ux13 36:2 3818 doay6:5,18 41:243:15 43:23 77:19 81: u Deays20 =16 43:25 44:7 SOO 71:23 7212,22 73:21 department S :5 7:10 11 :18 19124 36:20 56s23 64212,21 65sl,4,14 PRECISE RBPORTIM SERVICE 800- 647 -9099 NCR UP /RA 00346 page 6 67 :16,19 75:14 dspartaents 34:6 depastssr 13:14 dependent 30:15 15:1:66:4 26:11 78323 designated 4.6.,14 28:21 designed 53:16 destinat... 13:19 detail 22:4 21.17,19 detosaiin... 6:17 det"Mia... 614 detasssi s" 11 :5 determines 5:21 dsnl epesnt 28:11' diabetic 20:5 13:19,22 8 :18 15318 37320 31s2 41:12,19 41:24 42:11 52:17 77.:16 difficult 16.:3,4 2337,7 26:12 NCR 00202 44:13 52:2 99:16 60:20 69:2 dignity 23:13 diligence 35x1 diligent 15211 32:24 43:3 43:4 direatl2:1 12 :12 33:13 direction 15:1 87 :11 13328 directly 14:21 director 34:2S 40:9 4'7:15 48:5 disability 48:11 disabled 6 :25 54:11 54 -16,19 disagree 68:7 disapprove 12:4 dii4rimi... 76 :15 77 .-7 disease 932 57:2 77x22 discussed 10:14 22:16 28:24 discussion 5211 65:22 disco sions 14:17,23 dishonest 73:20 ding" 35:2 disposal IMPORT COAT RECOVERY - 12/8/2008 14:3 dispose 14 :4 disposes 14:1 17.-22 disrexpe... 27.12 32-.13 49:24 61:23 distance 76:21,22 distancing 76 :13 77:2 distinct 85:12 distridt 39:11,12 59:12 districts 6:10 6024 60:6 disturbed 25:19 Division 19:24 d0at0r26:21 40:12 documented 32:2 doi" 21: e 32:17 42:3 42 :24 43:1 52 :4,16 S6i7,12 64:17 79:16 dollars 17:23 20:13 59:11 Dolores 35:17 47:1 d0or7:i4 42:8 51:13 72:5 Dr 17s3,4 40:10 47:14 58:1 58.-1,6 drawing 35:4 Dree38 :12 drinking 53 :12 drive30:17 driven 36:1 drop 612a drug 7311 36:21 38:19 4012 70113 drags 40:2,3 52.4 53:13 S3s22 drnsk53:22 dryer 56 :15 dada 64:1 due 35:1 74-25 DUI 70:12 dRmpeter 19:13 DMSS .13 D- s -i -n- 43.20 earlier 51: 2 57:10 61s24 66:4 easier 9s24 easily 85:9 easy 18:24 22s2S 43:15 68:25 72:7 effect36s12 affected 41:11 effective 8 :19 effort15s11 19:22 32:17 efforts 33:10 44:16,17 aitbar6:19 12:2 28:17 58219 E139:6,8,10 63:19,22 masctsic... 41:19 e16010nt21:7 70:11 elementary 29:6 3117 38!17,20 39:15 40:6 40r17,23 43:22 44:2 48:12,24 sUsmin Ling . 54.20 es:pl.oyad4:9 employ" 87:14 employees 19:18 esplor" I s 19:4 enoonra9e 18:12 3712 snaonrag.. . 74:22 eneriesl8:7 en90sce31zI enforcement 38:4 $8:9 enforcing 7:18 engises36.3 3624 anjery 53:24 entered8:21 entertain 32119' antire58:14 entirely PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00347 Page 7 21:3 82:4 entitled 6:24,25 54:17 80:7 enmarate 12:24 environment 34:3 S7sl9 eneicam... 51:24 "UIPN►t 39r1e arrow 91:7 especially 29 :16 40317 X3:9 3:4 e8tate34:5 . et48s10 1017 evaluated 11:4 55:15 evening 35:15 everybody 16:19 21:20 27:17 31:9 51:22 51213 everyone's 16212 67:20 evidence 44223 46:21 exactly 57:15 example 13:21 32:25 exceptions 58 :20,21 59:7 NCR 00268 uxce6819:16 RX"Nsive 19111 e11:008e 5 z 6 26:10.,10 26:10 27:1 2712, 2, 4 49123 61:15.6216 executive 48%5. OX=Wts 7:.7 estisfing 6:13.74:12 78.20.,21 t4:20 .4¢:6 expected 44.21: . expiration 75,t22,24 explain 7219 explained . 9:9 explains 55:14 extended 37:14 Oxtent 82 s 14 82 :15 extreme 56:19 eye 18 :4 F f&ae 26 :7 33:12 faces 5O112 fa0iai76 :25 facially 76:15.77:7 facilitate 9:20 10:20 faaiutie6 7:14 15:18 21s15 NSMRT COAST RRCOVSRY - 12/$/2008 30:24.31:6 31s14,22 44:5.48:25 51:7 53:10 53:11 54:20 55 :20 56:1 71:.17 73:.15 facility 8:1 8:15 14x.1 14:4 17:15 17:.21 1e :22 19 a 7.0, 12 19217,19 20:3 25:16 25x25 26sl 26 :20,23 27:9,20 28:13 30:9 33:8,11 37:8 41:9 41:11. 42,:20.43:9 46:6,.17,18 4.7;6,16,16 48 :23,25 4'9:7 Will 50 :13,15 50::15,16 Sill 53:11,18 55:3,6,21 56 :22 57;12,23 60:17 66:15 67.17 70 :12,19 70:21 72:3 72:24 730 73:10 76 :1 78:3,10 81:22 facility Ia 13:6 f80t9s.26 26:3 39 :5 55:11 56:12 78310 factor 41 ;23 failed 15:18 45:12 failnsel0:5 10:8 35:1 fair 8:25 50:23,24 54.17 .:66:25 67:6 77:14,16 -fall 54 :7 falls 40.5 fa1se72.:8 females 39:7 faaily29:17, 35:25 38:13 39:6 44:17 57:19 fentasti0 56.:24 far 45: 14 SSS16 fashion 40:25 fast76:13 . 76:21,22 77:13 fanit66:14 feas57s9 feass44z18 6y14 8 :19 45 :25 47 :23 5137 51:14,14 74:18,24 federa16 :24 7:18 fN 10:25 79:25 fea130:2 37:20,22 45:6 46:14 47sl 48 %4 82:15 83:5 fools 27:17 feet 28 :13 28:14,16 30:20 31 :5 31s? 33:23 48:12 55:19 462:18 :16 916 70:12 DWIX46:4 fever 7:12 7:21 ill* s6121 75.:15.76:2 fill" 79121 fill 22a21 22:25 32sIl fill"22z7 44:21 64:10 iil112459:4 fills-23 s 3 finally 26:15 42 :4 76 :30 floose " 63:7 financially 87s13 find 16:4 40:11 47 :10 71:20 79116 finding12:6 91"16:22 27 :15 42:1 80:8 8¢:10 finished 59;7 MCI88 R$PORTIM SBRVICS 800- 647 -9099 NCR UP /RA 00348 Pa" 8 UM 14:9,22 14s12,13 14:13,18 15:4 29:11 34 :5,11 35119,25 36:3,4,6,9 36:22,23 37:11,18 37:23 38:7 49:7,.10 55:17, 22 56:3,21,23 57 :8,4,7 6511,4,13 69:19 75:14,2a 75121 76:3 76s3 77:23 78:1,5.24 98;16,.18 78sl,3 80 :12,19 80:23.81:5 81:q,8,9 81.15. First4.:Z2 12:11. 16119,1814 19':7 48 s 16 55117 59:25 62110,11 Eive 17:18 17:20 19:3 20:2 3033` 30:S 41s10 44:11 55 :7 57.-17 71121 73:18,19 !ivle -gees 42 :19 Ms:69:3,19 'ixed89z7 'laeh47:12 '1at28 =10 28:19 NCR 00204 flo0r3.5 13 119, 21 flows 82:7 folks6:7 8:4 31:14 33:9 52.:15 54:11,16 54A8 74 :4 75:2584:1 folUM34.11 58 :19,19 64i21 66 :11 82 :9. followed 26 :4 43:16 foliowinq 5:10 45:21 60115 follow-up . -103 footpmiat 1316 23 »7 fer8iid 63 t25 87,S; 7,1.1 foslawat 2624 foigYtC$5:17 °lorgatiten 16419 fora9:23 1.1-:2; 1314 14:11 75:21,23 80:26 f0rsat 14:6- SO: 25 f0reer B8: 2 59,10 forth B7 t 6 forward 10:22 15:2 1519 $3319 92:25 f0wnd18:13 NEWPORT COAST RECOVERY - 12/8/2008 39:14,17 71:1 founding 17 :9 four13 :11 31:6,13,14 51:19 6213 68:19 75:1419:2 flaws 46 :1 frssses 46 :5 :13 30:14 55:12,13 57:18 Yrensis 61:.16 fitly 41s18 8riday24116 24120 911en464:24 65:7 friendly 18:4 68:10 friends 29:17 friendship 68:2 :tmmt l9 :17 .19:10,21 22t5 30:19 49:4 60125 611 ?,8;9 61t14 62:1 62:6 77:20 frastratinq 61:16 full 32.6 35:8 39:19 42:14,15 fw mmg 39tH fwany40:12 farther 82115 87111,13 a garage 19:21 41 :13,15 56:8,9 61:11 68:18,20 68:22 garages 56:9 56s10,13 gas46:15 gathering 30:19 generally 29:4,7,21 23:3 gentian" 23:25 25:18 26:18 30 :11 42 :26 53:7: 61:23 75:16 GMB'OE 3:4 gestate 34122 getting 9 :24 27:1 61:10 75:4 give 6: 9 16:20 21:4 21 :11 23:14 24:10 25:11 27-.12 37:24 SSt9 55:15 56:4 58:21 65:11 66:7 74:25 7S:2 77:14 81:16 83:17 given 19 :2 20sl6 26:13,13 35:9 39:1 40:15 4112 85:9 gives 5.6819 gUA 671 21 71:12 Oloria58:1 907.2 16:10 19:18 20:22 23318 24:21 33:15 3419 36:7 37:25 38:24,24 39:16.42:7 43:14: SOt24 51:3 Sit13 $3:19 57tl 59:21 67:16 69:22 71:18 79:2 81314 84125.85:1 goal 64:19 dod31i24 56:23,25 63825 goesr 15,2 24:18'25:5 36,19'3715 63i17 going4:4,23 7t21 8:7 8:20 16:13 16:14 20 :22 21-17 23:23 24:5 25:1 26 :8 29:17 30t10 31t10 32:8 32s10 34-.7 37:24,25 43:2,6,8 45:7 46:10 PRECISE REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00349 Page 9 48:7'52:2 61:5 62:5 65:11 67:1 6812, 7, 1S 69119,19 77:22 83::17 good4:4 10:22 18 :1 19 :20,20 21117 30 :1 30:23 3Ss15,1S 3912 44:7 46.:17 .47-24 51:17 S2s29 5419 51,16 63t15 77 t5 gotiaa1st20 48:16 graduated 17:6,8 greffitied 62:2 end3:5 grandpas. . 61 :19,31 great 64s2 70,22 group 4x11 6:13 9:17 9 -22 20:17 32:5 36,14 36 :17 6116 72:6 80:3 gsess30:11 56:14 84:17 gtW30i12 gya S5, 7 56 :13 8 haad36:25 handle 23:4 bandiwd38s1 NCR 00205 baads2332 han961 :25 happsa20:14 60:11 62:19 happened 680 80 :22 bappens4034 40:8 53:9 hwppy20 :19 23 :25 35:16 Slit 53:24 66:4 69 :23 72:1,0 73:2 77:2 81:4 Rarbos17:7 17 :10 hard76 :13 76:21,22 77012 78:6 82:22 hazdeaed 29:3 harder59p17 bashtill havoc66:19 hasaed37 %23 49s7,10 boadpbm ws 18 323 health 25:22 25.25 35318 hear 18:17 18:18 23:19 24:24. 31:11 34:4 34 %6 53:20 62:11 68:17 70:10 beard 31 %9 37:15 57:25 79:8 hearimpl:7 1:9 237 MwPORT COAST RECOVERY - 12/8/2008 Paae 10 4:6,7,30 4 :11,19,.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 12114 14:23 15:1 15:2,6 24:5 25:1 . 27.:16,23 27t25.29:3 35:9 44123 65:20,21 66:11;12 74 :6,20.24 75:3 76:16 77:16 81:9 82:1 6333 83:8.11925 84:4.11 85:14,•19 85:22 38:6 72119 help 9:20 22 :3 24 :3 36t5 helpful 23:16 be2pLD9 57:16 henaelorth 28:1 bap 68: 6 betll 27:11 8i 35:15 high17:7 40319 :25 hiss 23 : 4 hired1S:17 history 11x19 45:4 71:20 bs:1424 :23 46:19 75:3 35:16.84:1 hoar 7 :7,9 9 :22.17.19 35:25 36:14 53:13 58 :15 79:2 bomealmor 48%24,25 ho®sosmers 27:8 homes 4a11 4:12 4:12 7s21 8:S 9112 9:17 36 :17 50 :20 53:16 63114 67:13 68:12 60:3 be" 20112 43:17 70:7 hapelully 15:9 hoping23:8 75:6 8orisoam e:8 14:23 33:9 33,16,25 81:9.22 85:22 horrendous. 5Sr7 hoxsible 17 :22 68:4 borse37:17 hospitals 25323,24 bot69:16 hocs74:3 houss22t10 26:21 43:14 bag" 7i12 30tl,4 49t4 51:20 52:9 5517 55:17 61:7 6119,15 62:2,6 64:24 65:2 65:4,12 busses 30:10 . 5613,19 bossing 711 54t17 .17:23 42 :15 husband 35s23 .1 i+eoa50 :18 i4eaa8:.25 idantft` r 51121 imagine, 27 :19 62•1 80:5 Immediate 8:23 Immediately 20110 540 impact30s8 38:18 39s10 impacts 44t11 imetes 43s17 implore 52:22 inpostaace 38:22 important 21:6 24:5 PRSCISB REPORTING 88RVICE 800 -647 -9099 NCR UP /RA 00350 3S %6 63:21 :14 isspused.83 : 3 - 17:23 inacaursoy 50:2 inappsep 81315 imapprep... .48:23 iass:dible 80x12 incidents 20:2 include 14, :2 included 11:3,10 13:17 ineludinq .4:25 35.:25 80:3.83124 83124 inasnpat... 48323 9:14:10:3. .,1e1i.6, 22 5$:12.741 6 10:17 3:112 inovediblo 55.9 independent 4412 indicate 12:18 Indicated 83tl,33 Individual 26:6 30:1S 6936,23,24 individuals 30:16 inegaitablee MS NCR 00206 infox"tion 5:3,5 16:6 16x8 43:13 55:23 56.5 ;,56:17 59625 60:2 -60:14 62:13 74.-14,20 74:23 77- -13,17 77:20.83:3 83:7,1.3 698.12 initial 77 :9 iinnnendo 72:8: input82:15 iftsidel8: 22 35 :20 8081:3,19 Install 79:4 Instance 8:7 22:12. 76;:25 79:4 iastaaw4 54:.91 65x14 insasasee 49:11 imtake40:1 integrally 7:13 . intand 1619 51-6 intense36:2 intentions 17 :13 interest 4sll 40:21 interested 87:14 interesting 33t7 57:5 interfere 20:23 inter3a NEWPORT COAST RECOVERY - 12/8/2008 82:18 interject 81:13,23 inbxpre.. , 79:6 81:8 iatespf:e... 82:1 interview 59:22,23 44:17 intia3dated 45-2 int3ati,da.. . 39-22 i ntimift.. . 45-2 invested 17:23. investig... 46 :23 itnit4d 60--10 involved 15:3 17:11 20:2 34_5 38:5 46;70 69111 73:.16 Involvement 4:11 17:20 involves 4:13 . involving 4:7 6324 irroepoo... .10;16 issuance 37:11 isaue74:12 38;9 44:24 57:3 58:18 63:18 75:8 76:12 77:23 80315 82:16,19 iasaed9:13 81:7,15 issnes15 ;10 18ai4 22:8 35 :19.45:8 58:3 59:19 65:23 66:2 itam7:17 12:20 13:11,25 items 12:18 12:23,25 14:8 4S:18 JSBtl X=26-22 iai155:7 Janet84s3 January 36t8 36:13 84:S 84 -6,22 85:7 Jeff 55 :2 .57:16 63.4 jeopardize 30:25 job 19:9 Jobn28:21 joking31:24 JOY" 53 :5 33:13 Jane 9:15 10:16 37:5 46:1 E 8:3x4 keep18s16 19:22 60:3 keyed71:2 kicking 77310 kid61:19,20 64:11 kids 17:7 30:25 31:20 39:16 57:10 60:3 Riff3s8 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 74si 74t2.77.,25 79t24 80:17,24 81:3 82:2 83:19,21 84:9,11,20 85:3,20 kiod8:16 24-6 51s9 6011 65114 66:2 74:13 74-13 83 .-4 Me& 22:15 59:19,24 60:2 knew 21:16 kaock42.8 , 51.313 know15:5 16 111, 12 1817,17 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 3414 34:13 36s1 38t16 39:7 Bmaz REPOkTnm SERVICE 600- 647 -9099 NCR UP /RA 00351 Page 11 44:15 49:3 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 68125 69t14,14 70t10,12 70.25 7112 7137,20 79 :3 8ls7 21:12 kaoes72:2,7 73:21 rxamsr BS :21 11^4 38:4 79-13 lackleff 12:22 1 aysa:a l•ngeawn 39-20,22 lef:ge 49: 8 largely49 =2, latger58t18 Sa:4eat 25123 tarry32:20 lasagna 42:15 lab 49:24 lateness 74-:3 laundry S6 :14 Laaa2:11 87%21 law 6:24 45:19,21 !I « :: D 46 sly 51:24 58x19 67:4 ,•::yews 27:2. l6es-teed56:4 14WM.B:l9 8 :21 66:18 70:18 1ait43:24 45-,18 46:2S 1690g63z20 ,69.13513 24r9 7736 7835 82.3 82 :8 4626 81:12 76+9 lrtter9:14 ,2x2,10 14:6 36:8 37:5. 50:4 Ubtars'11:9 21:1$,14 70s25 3mudRg 29i'20 JAW a 23317 24624 `25!10 S3 :19 55':13 59s2 68:7.73t25 1aw121:12 25:25 74:21 1696183318 Lawis36s8 li06aee 37:14 46:19,20 47:4,7 64:12.16 64x20 75x9 75:10,12 M WPORT COAST RECOMY - .12/912008 75:13 ]:iesnaed 7: e 7420 17x14 17:15 20110 47:16 64j13 lioens087s9 64:23 lioaaslag 37s4 Lido 40:2 64:24.24 ii1618:6,25 51:22 53:20,24 - lil6tims . 51218 lilted 79 M lilting 80:8 3:igsta3, 7 18:],1 . 11mtt84424 limitation 250 62x17 linit6d5s20 line 77:12 ,121:13:7 41:1 55.19 lintsd7 :20 LZM 3:8 9:4 12:23 Liskia28r10 23:14' 25:13,13 2736 listan57s14 listing 11118 literally 7:16 17 :22. 38:17 55:19 Littering 32:1 littls983 9:24 25:5 31:2 44.14 49:9 55:9 61:20 7435 77:25 83:4 85:1 live 27:9 28:22 29:21 33:3 35:17 41 :i4 43:9 44 :9 5316 53:24 SS:3 63&10 64 :7 liv6d 17:4,'5 16:6 43x20 51:20 52:4 55 -.4 lives 27:9 31:12 54:11 72:5 ILvIvg7124 . 29:6 31:21 .50:4 67:12 71:25 72:1 76s23 load20:13 local 17:11 26:1 45 :19 45:21 4635 47:3 46z14 50x21 63324 7833. lacata 40:.]:6 50223 located 8x6 38320 39:15 72:25 Location 17:18 28315 29x8 29:19 46:13 . 82:16 84:21 85s7 85x23 10itaring 49:5 :lv"M7 S6 :11 6221 67311 71:15 7816 IcvW r 32 z 19 43 =25 85:2 62.-9,9 lookl8 :4 19120,20 33:1S 76:17,17 79110 82:22 iogksd21:2 65:4,'5 looking 20:12 21:1 22:1 23:12 65:10 83':19 8412 lookslS :12 34115 50512 85:3 Lop.s29:21 29:21;24 Los 3:5! . 16sins3432 lovt 25 °117 25 :17 63:5 Lot 18; 23. 24 21zlB 23%2 38 :7,7,8 39si3 48x8 52:17 s5 :18 63:15 65:22 79:8, 79:9 ioudlB :16 7.81:8 5:9 Loda"40:.10 Lye2S24 L- i- a -k -i-n 25214 L- o- a -g- - .. 62 :I0 PRECISE REPORTING SERVICS 600 - 647 -9099 NCR UP /RA 00352 Page 12 I - ov -0 -s 29 :24 x maia42:22 maintain 54 :7 maiatsimw 37 :21 ma3ez7:23 . 39:5 5528,70:7 vi m29:15 4738 64:20 snags 30:13 52 66.:15 fit, 19,12^ 21x6 33x2,120+ 68s -i7 maaaq�ar 3 # 8 ' SOe4: 31295 30x14 mantrulate 17:16 sap8x4 13:17,18 47:12.17 50:11,18 50:25 maps 9:1 lark 8: 11 60:24 www a3. 1419 14:12,13 1534 36323 5737 78:S 78:14 61 :6 81:9 Nasmhals 81,10 NCR 00208 Nary 43-19 Master's 52123 4s24 aatesrial:s f9 :21 10:3 30:16,21 11:1,4 12:10;13 14:3,7 blathona 4*32i20,20 .3316' MatY25:13 aatter4s13 48 :2 55 :11 79:15 82:10 malmoS2 ;20 Woransio 63:9,9 -lane 12:19 21:14 25:6 34:11 35:15 42s19 49&23 52:10 57-9 61113 66:13,14 67116 70:16 ftm,n4asg49 s9 78:2 mmaniWass 34122 assns 55:19 7919 80:6 • 85:13 mesnt43:2 usdica114 s 1 14:4 20:4 40:9,14 nedicatiou 40:5 Medicine 17:4 HMPORT COAST RECOVERY - 12/8/2008 eat67 :21 5915 66:20,21 66:22,22 84:14 Meetings 39:18 61:7 66-17 memboC17:9 45123 69:8 69:10 70:19 masbers19.3 OMM27:19 18-15 35:21 44:12 48:19 53:10 Meatioa11:8 mentioned 21 :9 22:12 25 %2 43:5 57 :20 71:24 77:24,25 WOM78 -10 Msrs:y 35 -16 :assl7%24 msased66:13 67:21 73:22 Mid"" 40s10 Miks 16815 16:25 Mille928.21 28 :21 asillions 20 :13 59:11 ItMaap2 ;11 87;21 siiud81.3 minds 65 -11 asaA52:21 niaiu m 62:18 minutes S.-20 25 :3,s 43:24 46:25 49:18,19 niscails.. . 47.5 81:10 iD71:3 modifica... 14:25 aomeat 34 -20 52:20 54:3 Monday1 ;11 2:10 411 84:15 sonoy39sll 59:6 70:22 mouth 91s23 Montbsl5.13 45:11 62:16 73:22 77 :5 morning 19.:18 30:20 31315 53:21 --other 23 :11 motions 4s 16 mave45 :8 63122 65:3 65 -12 82:24 eons 22:6 WAMiAV 4911 56115 Mltigle 41:21 "04AApal 6:9 nes1018:21 Mgors34.24 55 :2,2 62:24 63:1 63:4,4 75 ;17 79 :8 M-a- t -h -... . 32:21 63:10 28.22 55:3 53:4 M.D40 :10' H' asma4:6 16115,20 1b: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 51:17 53 :5 SS22'S8'11 58:4 59:24 60:24 61:1 62:9.10 63 :3,9 •64:6 87:17 named47 -7 namsa48:5 Narcoses 8:17 Narcotics 66 :21 narrow29 11 natio051:25 nesr36 :6 71114,15 71:16 somesary 10 :6,20 37110 PRECISE RSPOMNA 'SERVICE 800- 647 - 9099 NCR UP /RA 00353 Page 13 noed5:6 12-6 14:5 14:19, 23 :19 27:5 3749 5818 59:19 60-.14 76:6 80114 92122,24 85:1,19 neadsd12sll 13122 78:16 suede 13:2,5 16:20 '24:11,13 37120 38:10 47:22 58:24 70 :6 80.15 30'18 38:18 69:1 57:8,9 negotiation 30:23 saigbb*c 67-22 71s10 neighbor. 30 ;9 53-12 57:17 aeigWior... 54421 nadgUors 18 :1,2,7 18-17 20 ;15,18 26-9 32214 42:6 55:18 SBt4 63:13 68:16 710 asiIIhlwrls 45:22 neither 87:13 NCR 00209 aervoaa 44:14 networked 7:20 aevsrl6•xl 7:7:15..46:3 56:10 .68:15 71121 75s-20 an:5 :2 18:9 36:13 37:13 5714 78:13,14 M17,19 bewly36117 Kevmmi5 :1$ 16 -15,25 16:25 21:21,24 22:9,17 23 €2,17,22 24212,14 30:x1,'16 31:9 32:7 :66:1,6,10 70.-;8,10 72146 73:1 73 :12,14 '13;is.. 76:1 77:x2 78;1 642.4 83%3.2' 03:15 84 :16!19 N4:w4m 16 80:18 83:21 aaportls8 1 :30 218,8 2:9 313,7 319,10 4:1 5:8,11 6:9 6:15 8:24 9:7 11:18 16:16,16 17:1,2.5,5 1717,8,9 17114,17 NENPORT COAST RECOVERY - 12/8/2008 19:1,23 20:9 27:9 29:6 31M 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.' 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Movesber 1Os24,25 no- braises 60.:16 62:20 Nugent 53 t5 53 ;5 54:12 54:14 Haggett a 54:5 numbar7.5 9:6 13:11 32:23,23 32x25 33%3 33.7 38:9 45:24 63 :14 66:2 ambers 49:8 nmamma 17;11 N- a- w -s -a-n 1731 O owtb87:8 - 0118rwan 43:25 44:7 44 :8 47 :21 47:24 49314,16 49121,23 50:7 71:24 72:16,21 72:22 73:7 73:9,22 oblirated 1 21:13 OBOMT 3:9 69:18 obacsa3tias 39:20 observatum 33:19 34-24 81:21 obtainl0:8 obtained 47 :3 obviously .52 :1 67:8 69:16.86:4 '.,Oadisi0as 10:13 oaaY 9:12,11 48 :9 compauts 8117 34:19 000ur02 :15 oeanrsed 56.312 ooaursial 56:3 occurs 57:12 000=818,15 53:25 60:25 Oatober 10:13 offaadars 70:13 offer 5:16 20:9,10,11 offarsd 10:19 office 22:22 68:6 Offioarlso 4:6,10,12 4:25 5:21 6:3,4,17 7 :2 9:1 11:16,25 PRECISE REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00354 Page 14 12:2,7 76:17 83:11 84:4 Offices'a 6:18, 8:8 83:21 official Ia 79:24 ofteatises 79;24 okaylsl8 2219 2301 24:17 30:19 32 :7 37:6 47s1 47:2,21,21 47124 46:7 49514,21 50119 slsl6 55 :2 SS%21 T2:15,21 79:24 62 :9 64:9 old 1612 35 ;20 59:17 75:20,20 76:3. older16:3 76:3 milted 21 :21 22 :20,24 one-bow 4sl oa- sits1913 19 ?S 31x19 opon4.5 5:19 25:1 29sS S1:14 60:7 73:1 7419 openad M 24 operate 7113 21113 M16 64:14 NCR 00210 71:24 75:2: operated 46:8 13:16 opo"tes ..4.0:19 "73:10 operating. 17 :19 21:16 341:10 7529 '18 :.11 operation S:36. 20 :1 21s5,11 ` -22:23 26:6 430.3 36:19 46:6 46:7 73:15 76 :10 Operations 6:14.M24 21 :7 26:3, 34:6 M.10 76:7 78:12 operator 28:8,12,15 33 :11;22 40- 9,15,23 44:12,24 - 4.7 .-8 48:2 operators 26:17 40:3 40:13 5136 Opinion 52:12 opportnn. 7:1 54 :17 Opportunity 24310,25 25:9 35:10 54.10 77:14' 79 :19,20 00:5 81:16 ept istio 5135 aptione NEWPORT COAST RECOVERY - 12/8/2008 63:25 Orsnge51 :18 ordw 1017 10:20.12:4 12:9 79 :19 79:21 80:9 85;5' .18 316. 20 :24 2581Q 32-11: ordinance 7:7,15,19 18:9 MIS 54:18 74;16,17 76 :12>,21 76:25 77:3. 77:4 78:9 60:2 ,Ms ergasisa. 45:.22 organised 28:9 origiaaily .16:13 Ottiag3531S 35:17 outlet 65:6 10:3,16 oetsade S813 11314 39,11 66323 72:11 78x8 81 :11,20 outatandieg 12 :19,25 14:8 osereoaa:.. 54s20 82;16 overly 52:5. overseeing 40:,11 oversight 40.-Is owaed42:20 72:4 owner la: 2 26:18. -2733 27. :7,10. 60.25 ownars31:17 62:23 ownewship 7 :15 am* It:2 o'clock 22.13 53:21 84x21 - 65:22 0- b^e -r-... 44s8 35:17 paokags -3025 paoket22:S papa 22:6,7 36:7 45:16 48:7 50:14 paid70:6 43:1 52:19 58:12 64 :10 Paragraphs 36:10 parcels 13:7 13:8 Psrdon21:23 49 :17 parents 39:21,23 43:21 44:21 60119 park29818 32 :20 8arker5l:17 parkingl9:4 29:16 31-:8 31:13 S20 52::10 59:24 part 11:8 .14 :15 16:.24 22:23 24:9 31 :16.32:3 32:4 37:12 37%12 38.3 63121 79:10 85:22 particular 417.12016 26:17 49x7 partionl... 49. :1,4 79:7 parties 87:15 partner 16.:15,16 17:1,2,11 17:21 26:12 arts 21 :11 rising 40;6 40:11,22 HA=CK 3:4 1Md 19.z21 33:1,4 pap 70121 79:25 paying 80:8 peaeelnl 53 :24 peninsula 8:6 33:24 35:24 38:15 40:19 S3:6 53:14,17 PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00355 page is :apple 7:21 18:17,22 23 :20,23 25:8.26812 26:25 27s2 27:2,15,19 29:3,15,17 31:10 32:2 41:20,22 44:15,21 45x1 49:1 49:4,8 5231 53:20 54s10 55 ::8: 56 :25 58321 60:20 62:6 6429 66:16 67:22-68:1 68:5,11,141 69 &6 70816 70 :17,21 70:21;23 71:25 72 :6 82:20 69 :4 per's 20 :11 percentage 54:13 pasleot_ 67:24,2S' 41116 42x20 45:25 70:22 Perlin47:9 47:15,25 48:1,5 peslsaneat 85:13 poxmit4:14 5:8.18 6:1 6:8,14,16 6:18 7:8 7:22 8 :2 NCR 00211 NEWPORT COAST RECOVERY - 12/8/2008 Page 26 .8:13,13,16 perapwc#A -,a playedIS M 56:20 15 :11 8:20 9:6,7 33:1 34:15 playground potentia... 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'87:6 settlement 76:23 moves 49:18 49:19 seven -pe... 52:8 wean -'snit 9:30 52:8 ship 26:11 88IRi.1CI3-9 sbit61315 short70:22 shorthand 2 -:11 87:3 87:10 PRECISE REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00359 Page 19 show 13:6 55:14 shamod2:3 showing 42:24 shows8:5 shut34:6' abottle 13:12,15 514816 :13 31,3,19 21"5303 sidewalks 19116 Sigalos64 :6 64x6 75:11 sign 66:17 70:17 aigued:U:1 36i9 78,31 14:16 similar Ts 3 siaplill0d 9:23 sincerely 35iS: 69:5 air23:13 27:3 36:1 72:22 731ll 83:15 site S:14 9x9 13:3,$ 13:5,13,16 15:21,22 15,22 43:14 4833 60:19 sit wOM2 oitting32s7 52115 66319 situation 23 :7 2433 37:1 44:19' NCR 00215 j i 55 :10 60:20 . 68: :10 69:2 69.13 81 :17 situation* 9:22. six ? :12,14 7:14,21 12:20.24 15:13 24:15 . 36 :18 43:7 45:11 50 :17 62s16 71:25 73,-22 amai121:i1 aasller „ 50118 mvA'ke 18 :20 281.20,22` 18x23 55:Z4 61:14 67:3 67:4 8016ked42s18, see6kiag. 19M 21:9 30:19 31x24 35 :21 39:20 48:9 49 :5,6 52:2 53 -1 56:10 61:12 sabar7124 29:7 $014 67:17 71:15 72:1 e 7obrie ty 54:10 solved 18:13 1 iWb146f30:9 NBWPORT COAST RECOVERY 12/8/2008 32x4 34:20 60:9.Q.-12 someone sa 18:25 64:4 : someasbat 5 s 1 9:22 son 61 :15 soon71:25 74:14 sorry 8:1 16410 : 22324 24:2 }3:5 51114 .63,13 74:13 77..30 831$2,.24 aastl3li8 34 :4,6 sorts14:7 sounds sa;15 8enthera 8 :17 spask14 :25 32:3 34 :11 541.15, 23 speaker25:3 25116 54s2 79:12 80:12,22 80:23 81:1. speaking 25:12 speaks 5:15 :26:5 72:2 spacial 1513 7016 82x5 spacific5:5 5. :11 6x12 9:3 11:20 18:8 23:18 67:7 70:1 76:14 77:3 specific. 1]:21 76-2 specifics 26 -1S 34 :1 speed2i:3 spe11 16:23 25:12 29:23 41:6 58:4 61:1 epoiledl7:.1 :pmt 58113 spirit20s12 spoke 22 :11 30:11 70:4 15:11 spoken4ls25 16 .65:6,13,13 sprinklers 79:4 staff 4 :20 -5 :106:3 10:11,13 10:19 1113 11:4,6,7,8 11:.10,13 11:17,23 12:6,8,16 12:19 29:3 20:2521:4 24118,21 27115 28:1 36:7 40:12 46112,16 65:22 70:19 73:25 74:21 77:18 82:10,15 83:1,7 84:2 stain 17:25 stand IS: 14 15:15 standing 45:7 82 -8 stands78s7 78:7 stsrtl6:5 25:10,12 53:12,13 53:17 65:24 74 :9 76111 started 25:22 starts 22:6 state7:8,9 7:20 17:14 17122 45:19,21 46:15 54:3 59x5,8 63.1 73:8 ?5:13,20 75s22 76:5 79.6,08.` 78:2,21;21 81:10 8714 stated.10:15 11:6 12!6 35 :19'81:9 statrmmat . 13:25 14 :6 33:16 54.:6 72:23 statements 23:24 72:B statox 37: 6 statoa10:24 stay6si4 25:3 29:3 53:12 54 :10,10 54:19 steeling 70:33 8tse151:17 51!18 stey7B:22 steps 7:5 12:1 Stereo'• 62:3. Stem.36:6,9 stick"* 59:24 PRECISE REPORTING SZMCE 800 -647 -9099 NCR UP /RA 00360 Page 20 atcUm 62:1 62 :3 atop 18:23 79:19,21 8018 stopped42 :2 43:6, stops 23:5 6119 streat8 :9 17:3& 31:4 31:6,12;20 461:9 Sae23 sttiat52125 66:16 strike-oats 47:20 . e'tson es19 strongly 3711 etadsat40:7 students 39 :11 stedr24:19 stafM12 S4a24 55:14 5788 au bjeot 7:24 8 :2;9.,13 - 8:18 34:2 39:3 44 :17 51:2 su1a4tlOs24 12.:10 13s10 24:18 32:S 3S:1 46:22 48:4,14 5012 54s24 56 :5 57:13 57:21 submits 64:25 submittal 10:21 24:20. submitted 9112 10:4 NCR 00216 10:17 11:2 11:4 12:21 M2,4 4 15:2326:4 32:20 45:15,17 Y48:13 50:17 83 :3 tabaariied. ?87.:16 svbssgasnt 9:13 substantial 24 :9 713 4S:12� SM sud0ea68:8 suddidbly 62:11- SUMA a 25124 augteet32:3 33 :8 suggested 49.11 suggestions M24: sxuser 49 p 4 55:22 8=0mbrt3le 29.-X6 SUMOSS -23 56x26 $aadays61:6 66:20 acperint... 38:2 59:5 59:10 42:6 supeswisiou 60:20 supervisor 46:16 sWPli* 13:24 NEWPORT COAST RECOVERY = 12/8/2008 sapportive 22:13 supposed 21:25 43:13 46:4 guts 5036. SS:l 62:25 81:7 swap 19019 swe"ping 21:10 30:18 sgaten17x16 '26 ;4 48x20 61:4 . 64.:7 3-1-2-2-L $%sit R T58,312 take 16:21 . 18:18' 29310 4036 43317,21 64,18 6731 68:22 69:17 70312,13 70:14 74:3 77:1 83317 taken2 -7 20:11 27:18 87:5 talkl6.20 23318 25:9 .43:11 51:23 52:7 5833 693101 74:5 80624 tslked3033.2'I 32:8 49x10 60 :6 67:23 68:1 6928 71:12 78-6 talksm4 34,11 53:8 57:15,22 61s24 wrvatiw 76sl tattoos 39sl9 teachers 44:22 60:20 talephone 10 :11,12 tell 22 :17 31&19 42 ;8 44s2S 52:3 52;17,24 SS ;24 57:14 6933 73:1,2 73:18 t4M**v 25 :17 25.:17 tsn S5 x4 77 :5 tenante 43sl2,17 61:10 6305 tea 73:3 terminate 35:31,12 terms 48:14 tasribla 34x20 lerry63:9 testifying 87:8 testimony 85-.8,15 thank4022 9:4 15;7 16124 23s1S 27:13 29:20 32:19 38:11 41 :3 41:4 47:1 49122 50:7! 50:8 53:4 54:1,22 S6:23,24 57 :20,24 60:22 62322 64:3 6619 73:11 80;21 83:6 85324 25:12 52:16 55:10 72:15 :73&24 tharso! 67-12 2h*y,467&3 tbiag28sS 28;11 29:13 34:3 34:18 42:22 47:25 49 :6 55:17 57:2 58 :13,16 62:16 69316 70 :3 71;1,23. 7X;12 80:10 thlriga 16:.14 18 -.24 22x15,19 22322 23 :4 29-.10 32:23 33 :12 34:38 42:11 53:21 58x17,20 58:25 60x2 60x5,12 67:8 68:14 68:15 69x3 69:9,21 70 :20 71:7 71 :13 79x17 think 5:2 PRECISE RBPORTIM SERVICE 800- 647 -9099 NCR UP /RA 00361 Page 21 15:8 21:6 21.20 22;13 23:17,19 24-.4,6,9 .26:16 27:17,24 28 :23,24 29:19 30 :4 32:2,13,22 3419 35:8 37126,20 38:1,8,9 4037,7 43x15 49x12 52 :11,11 52;13 54:5 58:18,.24 59:13 60:21 62:7 63:13,15 - 63i16;23 64:1,2 65:16 66:2 - °66-92$ 67:6 10:2 71 :18 71:19 75111,16 77x20 80414 82;12,24 85 :2,10 tbixd25x23 'Yhreias 1: 9 4:5 thougbt 15x24 23:16 30x22,23 47x9 60:9 tboussad 17:23 28:13,14 28:16 30:20 31:7 33x23 62:18 NCR 00217 thzash52:5 threatened 68 :4 threats 45 -.2 threes :20 6:4: 2043,5 25-3,5 30:4 31;13 33:3,7 35:6 39:7 46 :25 47:3 55.18 57:6 58116 6213 6917 83123 three-pine 52.3 %Utter 72 t7 49:8 ThasadsY814 14324 ti.akst67; 3 tight26o-12 t*e5o17,24 9 124..10:1S 10:19 11:23,25 12 :8 16:2.9 18:4 19:3. 23:.8 ..24 :6 243 23.25:2 26:13 27:1 27 -18,19 2814 29 :7 31.23 32:S 32:17 35 i 3 35:4 38:7 38:11 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 49sIS 5212 53:17 NEWPORT COAST RECOVERY - 12/8/2008 54:14 57:4 56:20 59:7 60:10 61:20 62:13 66.2 66 :16 Vill 70:23 74:4 7S:3 77:12 78:4 80:17 83t2,2,8 84:2;8,16 8511 8631 87:6. : tt:arly,40125 tines :13 :14 20 ;5 41:24 54s22 62:3 71:12 time -+rise 8315 timing 82:11' 82112 tiuy68 :20 title 13:9 15:20 todty4;13 7323.22 :18 26-16 27116 28:23'50:1 5013,16 SI -21 52 -15 68:3 76:9 79:1 79:15 today! a 5.9 tald51:6 68:3 73:22 tosorzotr 33t18 64:19 tole 39:21 tonight 85s15 'loop 64: 6 total 21:14 35:14 48:9 tota11y28.8 33:18 34x23 42:22 tonohiaq 23:3 tough18 -2,3 65.:14 77:6 tome 7:23 8':19. 78:25 79115 8.0:11 8.4:18 taeuElio 19:1 41 :12 transcribes[ 8.7:10 transcri, 87:12 46x18 :72:24 txmuqmrt 41:23 1912 trash 19:11 19:33,.14 42:10,12 42;14 ttaw113: L5 treatunt 7:9 19:7 4716 tried10:11 17:15 43112 67:23 72411 triggaz 78:13 trouble 33:24 53114 60118 tioobled 33124 troubles 33325 trsak29 :11 62:1 trsalcs 29, 9 "tI9,20 brae 33 :4 try 18:16,18 22:14 42:1 42:4 63%25 6817,13 69:19,23 71;13,13 72 :8,12,13 80•:17 84 :12 trying 17:25 34;16 46:10 53324 67:24 69:1 .72t22 7935 turn 5:7 20:23' " 43:24 58:19,25 62114 65. :15 tarued28a10 74:2-3 twioe18:24 79 :25 twist68 :25 tiro 20:6 31sll,22 32:25 34:18 35:24 36 :3 38:23 43:24 4638 46:25 8544 56 -8,8 57:6,30 5843 60:12 66:21 79 :1 tiro -anz 56: 8 56310 84:24 PRECI$8 IMPORTING SEI CB 800- 647 -9099 NCR UP /RA 00362 Page 22 typs7:7 13:21 31:23 36:17 typas48 :21 typics139:1 typically 79:18 O asab3Ali t 23 36c23 54 :7 4515 vndsaesigned mdesstaod .30:931 :4 -32 :15 37sle .4111 57.:3..67:10 68.:11,13 , alidersla:. . 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MpWVrds 49:3 tip -.t0- 1ato 14 :13 mrge32:14 use 4:14 538 5118- 6:1,8 6310,14,16 6:18'7:8 7 :21 8:2 8:13,13,16 8320 9i6,71 1068 13:3 1st10 .15:12 18 -s 13 27slo 31:10 37:12 410 46 :4 48:16 61,.25t68,:7 74:7;11 75 :5 76 ;18 76:20 78:8 78:12,13 78:22 79:S 80:3,18 81:1$,13 81315,10 81:20,23 82;4 8S:6 usests13 8:25 36 :14 74:12 76.-18 82:21 usually NEWORT COAST RECOVERY - 12/8/2008 16:12 74:8 Utilize 19:14 utmost 38:22 utterly 33:2 V validl4 ; li 19.8's validate 31:17 valuable 5: 3 van 193 2 41:13.61:9 vandalism. 2036, M20 70324.: vans41:17 61%8 various 39:24 46:5 74:22 20:7 41.16 vatbatin 89 :6 veritr19:24 verta88436 8.:23. view 26%7 60:12 violation .45:21 violent, 70%14,14 visit29:17 vismi 11 :25 Vol" 63:12 voicing 67:20 volvfts 26 s S voluntarily 76:23.24 voluateers 77:1. valgas39 :20 4935 W W1:9 4 :5 waFtling 34 :4 vagon54 :7 wait62s19 vaitiag64:4 walk 29:7 ralkadl6sll 53:22 wandaring 44:12. mmt 18:7, 8 19 :19 20:14 22 :14 25:8 25:13,14 26:24 33:12,14 34:3 36 :9 37:15 44%14 520 53:7 63:12 63:23 65:5 670 68:13 70:21 71:8 71:23 140 74:9 77%13 64:4,25 wanted54 :3 60:8 62:14 63si 73:5 74 :5 76:11 traub 67: 9 vasherS6:15 wasp+t15:5 47 :14,14 62:15,15 Most$14:2,5 19 %12 29:10 68 :17 rasted28:4 35:3,4 watsh42:9,9 WASM MW 6:19 10 :20 17:16 26:9 27:18 29:11 30 :13 31:4 33:10,22 34:10 37:19 38:9 42 :23,24 4936 MS 61318,22 64:2 720 75:18 Wsb S.- 13 48:3 85 :22 wook10:18 15:16 16:9 19:15 22:22 24:16 26621 30 ;6 58:14 69:20 80:23 83X14.16 84:1,3,13 veekunds 39:16 vsnt42:12 42:18 43sl2 52:24 S9:22 63:18 64 :19,25 West4:7,13 8:10,24 9 :8 29:22 33 :6 46 :9 46:11,20 46:21 47 ;17 SO.-16 55 ;21 60:25 PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00363 Page 23 63:11 64:7 71:24 72:25 MethesAolt 38:12,13 wa'114 :18 4:19 15:16 24:12,24 42:1 64:18 65:20 6638 72 %13 79:10,18 85 :5,8,25. we're4s4 35:8 20-12 20:12 22:13 23 :8 23:17 25:1 27sl 3017 31:10,17 32:7 34:7 34:15 37:16 49:15 55:19 60.7 65'310 66tlS 67:1 67:24 68:6 68:15 69:1 69318,19 71:9 72:12 77:2,5 vulva 14 :22 16:4 17:22 20:2 23 :7 26:16 31:14 34318 41r24 43:5 43:6 S1:9 55 :4 67:23 68:23 69:15 71321 mmtsoaver 28:6 32:24 70%15 NHomam NCR 00219 87:16 whita41:17 W06 17:6,10 28:24 39:22 55:3 55:;8 willing 20519 34:21 Willim62:9 wish 39:3 54:23 57,:25 69.2 7H-S,5, wsa 87t7 vonder29:4 58. :21 35:7 20:17,18 42:2,$ 56:7 57:16 66:14.68:2 68.:7,13 7017 71:13 71:13 72110,12 76:0 79:16 79 -19,21 79:72 80:6 80:9 82:17 Mack" 80 :16 tacking 15:17 47.:15 42113 marks 84.21 wozzy64129 werse31:22 52:5 S7:1 w0uidq't 21t15 30124 NEWPORT COAST RECOVERY 12/8/2008 58 :14,17 61:21 76t5 78:23 wrap 24:7 2S- 6.49:12 49x16,16 49 :21 57:13 84125 Written 32:21 wrw:g28:l5 N- s- t -h-+. . 38-13. 62:10 T yasa 29:5,5 Teat 52.- 2 gear i2. 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 39114 41110 43:20 44:11 51:19 52:3 55:5,7,22 57:17 64:10,69.7, 71121 73:17,19 75:14 79 :1. 79:2 young5S:4 57:10 64:11 ZSC055:18 79-8,9 -tare 9:10 zones 74:12 1 136:13 45:16 1/229:22 2022:14 25:7 10033:16 101964:7 118 :8 18 :11 22:12 ll,th31:12 11:3031:24 112539.122 3316 112947:17 113231s3 33:9 114963:11 12 84:6 19th31:12 .83:17,18 .84:13,15 84:22 85 :7 121343:8 12164 :7,13 6:16,24 9:8 11:21 46:9,13,19 55 :21 121750:16 121946:11 46121 71:24 72:25 73:10 1336:4 13th84:14 1410 t 24 19 :9 22:6 34:19 48:7 140060 :25 252S.-7 36:4 38:14 168:16 9115 84:6 16th 10:16 84:13 1722:7 1841t16 18067:12 210:4 53:21 85 :22 2018 :15 20:11- 25:21 30:12 20th9:13 20 -plus 44:12.4913 200338:6 200511:20 200746:1 2008.1811 2:10 4:1 6 :12! 7:17 9:15 -.10:4 '10:18 19 :25 36:23 3816 46sl M-27 2008 =003 4:14 2008 - 0539:6 20098:.14 51:7 74:19 20109 :19 2112:13 83:7. 21- daw83:2 2133-6 228:9 22nd6:i5 51:15 24/72719 25010 :25 20th51 :14 298:1,10 9:11 34:21 35s21 36:0 53-10 PRECISE REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00364 Page 24 29-hed78:10 29-pl as 48:19 3, 355:19 3019%.7 70:18 30048:12 33002t8 3:9 3543:20 3553-S 484:2& 85:7 85:22 4thIM 1,10 45:17 4r002-j9 4:2 40tb 3 :5 40031:5 4519:6 45- ainute 41:16.: 498s17 511:3 34:21 84:5 'S:S02s10 4:2 86tl 5016 :2 17tS 25:24 26:39 50 Plas 35:20 6th37:5 60 51:21. 626 - 84843 :6 644 -3002 3110 6736:7 7 797:l1 8 NCR 00220 0 i NEWPORT COAST RECOVERY - 12/8/2408 Page 25 81:11 2:10 4:1 85014:11 -- 9 918:12 22:12.13 57:11 94:5 90 26:25 90 -aayso S 90071 -3101 3 :5 92658 -8915 3:10 92662:12 67:22 9493-10 PRBCTSS REPORTING ssmm 800 -647 -9099 NCR UP /RA 00365 NCR 00221 GROUP RESIDENTIAL USE PERMIT HEARING (1/12/09): AGENDA uzs7-aoi nt tnaiavi,aoc [y 3�1 �l :Li�I�Rl�iy NCR 00222 City of Newport Beach GROUP RESIDENTIAL USE PERMIT HEARING AGENDA �4 This hearing is held M accordance with Newport Beach Municipal Cade chapter 2091A (the Permfls t7 Re"*ntia DWdccs). DATE: Monday, January 12, 2009 (continued from December 8, 2008) TIME: 4:00 P.M. , 6:W p.m. (Hearing must be concluded or continued by 6 p.m.) LOCATi0011: Council Chambers, Newport Beach CRy rids (3300 Newport Boulevard) USE PERMIT No.:. UP2W8 -M (PA20W104) APPLICANT: - Newport Coadueoovary, L6c sUBlECr PROPERTY: 1216 West Balboa Boulevard, Newport Beach HEARING OFFICER Thomas W. Allen I== SiffiffiVWn An application requesting apprasd of a use parfait to allow a residential care facility to continue its operations, but reduce the number of beds within, as an adult alcahol mWor drug abuse recovery treatment facift for oaks only. This appkotlon has been fled fn accordmce with Ordinancs NO. WA-OS, width was adopted bythe Cat Cohmdl is ianuary 2l)(111. AGENDA ACTION L Hearing convened (Hearing Officer) 2. Presentation of the applic tlon (Newport Beach city staff) 3. Applicant comments, If any 4. Public hearing opened (Hearing Officer) • Comments are limited to comments about the subject properWs application and operations, and • Comments limited to three minutes, unless otherwise ordered by the Hearing Officer. S. Public hearing closed (Hoofing Offioer} 6. Applicant may offer rebutting or clarifying comments (Applicant). 7. Hearing officer's questions of City staff or applicae►L 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). CEOA 7h1s aft* has been determined to be cammically exemptunderthe mquirements olthe Caftmia WronmentalQo ty Act ICWA) under alas 1(FAftq FacEgies). This class of projects has been detemdned not to leave significant effect on the environment and Ise rapt hom CeWs provisions. APPEAL PER160s Use Permits do net became effective umii 14 days afterthe date of approval, during which tithe the decision of the Hearing Office maybe appealed to the Guy Council. NCR 00223 NCR UP /RA 00367 i GROUP RESIDENTIAL USE PERMIT HEARING (1/12/09): STAFF REPORT (W/ ExmiTS 1 -5) 11287.001M 127414v1.doc NCR UP /RA 00368 NCR 00224 CITY OF NEWPORT BEACH PLANNING DEPARTMENT STAFF REPORT January 12, 2008 Agenda Item 1 TO: Thomas W. Allan, Hearing Officer SUBJECT: Newport Coast Recovery, L.P. 1216 West Baboa Boulevard • Use Permit No. 2008-033 (PA2W &104) APPLICANT: NewpertCoed Recovery, L.P. CONTACT: Janet Johnson Brown, Associate Planner I�trotAtn�ye :mauieerE:h��pyg (949) 8443238 Art aeration for approval of a Use Perrnit 10 allow a rest Care fW ty to continue 'ft 0emilons, but reduce the number of beds within, as an adult alcohol and/or *W recovery and UsaknOnt Wily for males only. This application has heart fled in accordance with Ordinance No. 2008 -05, which was adopted by the City Coundi in January 2008: �COMMEI�ATION ` Staff reoorrshends 1hatthe Hearing Officer conduct a public hearing, receive teswnorry from the applicant, the City of Newport Beach and ft legal counsel, and members of the pubk At the concknion of the hearing, staff reconarrends that the Hearing Officer hide direction to stab to prepare a reach" to approve the use permit subject to the findings discussed in this slat► report and the draft Conditions of approval, which are attached as Exhibit 1. �tCK(3ROUND On December S, 2008, a pubic hearing was conducted on the Permit No. 2008.033 to review the stabs of the Newport Coast Recovery application and to receive public testimony. At that time, staff was unable to provide a complete arml sis of the proposed Proled because the applicant had submitted only a portion of the required application materials, and the. application had been deemed Incornnplefe by staff. A copy of the December 8, 2008, Stab report is'attechad as Ethibit 2. NCR 00225 NCR UP /RA 00369 Newport Coed Recovery. LLC January 12, 2009 Page 2 In accordance with Section 20.91A.030 of the NSMC, an application for a use permt to a residential district is required to contain or.identify the following infamiaton: • Facility uaers • Characteristics of the use • Traf ieportation and parking • Location a" and site plan • Similar uses in the vicinity • Appficant kttonnatiaon including license and permit History Operations and management plan, Including occupancy levels Shoilar operations owned or operated by the applicant. The applicant had hired an attorney to submit the canrpiolsd .application: The apps was unaware that. the attomey had not aubrniKed all the reiquced application materiels until they were K►fon. by the City of Idwscheduled Public Nearing. The .appliceht stated that they would now oveeee the application land that A required application meths would be si.6mitiio to the City by December 12.20M. • The aj*6rg took over operation of the recovery fad!!lyfrve years ago and has Wasted a significant sum of money into buldkhg upgrades and property cleanup in order to make the facility bhmd in with the neighborhood. • The applicant has lied to be a good neighbor by Ming smo" to designated areas, pmhMbV outside smoking. and by Ineftift quiet hours bet veen 11:00 p.m. and 9:00 a.m. Residents of the facility are n9quked to MOW : outdoor area and the front aidewalK and to keep time anon free of dgawette buds. • The facility owns and operates one van for client transport. Clients awe not permitted to haver their personal vehicles oreaite during the fbst.30.48yrs of treatment and are only, a2mved to have thek personal vehicles orate during the remaining 80 days of tresimert d two is a valid reason, such as the need to drive to a job. • The facility uses a.privats wade management company to empty a dumpster utifiud by the iadfity twice a week. • No Police calls or complaints against do faerily were made by the plc in • The applicant d%Md to reduce the ADP Warned bed count for to tacft by twenty percent. NCR 00226 NCR UP /RA 00370 Newport Coast Recovery. LLC January 12, 2009 Pspe 3 The pubic testimony submitted at the December S. 2408. public hearing regarding Newport Coast Recovery is summarized beldw: • The City should drawees the Newport Coast Recovery application because it was not a cornpleis application at the time of the pubic hearirq. The facility is within 1.000 feet of Newport Elementary School. The proximity of the %o ft to the school Is not its the best trysts d the car=#*. Weekend use of tie Newport Elementary sdhoolyard by residents of the faclilly was reported as a concern. mod children Lee the schvoolyard on Weekends and parents think the residues of the fitdRv should rot -be Pern'rited to use the sdroolyard. • The facility Iran been cleaned up over the Poet five years, arid is an kWymment but Is still not wall managed, and the Wft Wnctions lies a fratemilyhousk • Garages at the'lloa y aroused for purposes other than pars v. of Vd*I . • The use of the alley located to the near of Ore facility for service vehicles is not a good ides due to the width at-the alley. • Violtors to the faciily have to park an the straft This' pn parld"s problems in the neighborhood. as on straw parking is imi(led throughout the Balboa Peninsula. The isctiity should be required to rye parking permits for onsbeet p�r!9- . • Vans drop residers in front of neighboring properties. This. h bft'scows for other vehicles In neighborhood aehd creates trait problems • Tenants have moved from are tench property because of the . faWs • The facility needs to erdorce repletion on outdoor smoldrhg, arrows; and nighttime Miss. • Residents of the fac fly we on medication.. Concern was expressed over what could happen t one of the reskimts "fads air their medication. • . The * s staff or residents have, in the past. used neighboring prope�Uas' or receptacles without the consent of the nelghborkV Property owners. • C n.9M$ for PwsmW sd* were rained. Vatrontation beMsen W ty residents and neighbora.were reportad. • The property located emu the sbeet at 1219 West Balboa-Boudevwd is not licensed but has been used for offer "sober Wing' services provided by Newport Coast Recovery from its facility located at 1210 West Balboa • The faciRy should be required to comply vie cuffent raw! codes. • An ex4asident v*a went through the program at Newport Coast Recourery reported he had a successful rehabilitation experience as a result of his stay , at the faddy arnd is in favor of hue application. Occupancy would be the same If the (wilding was a rental property and the padding issues want be the Sam. Mart needs to drove their andrninistratve practice. NCR 00227 NCR UP /RA 00371 Newport Coast ROWMY LLC Jartaary t2, 2009 Page 4 The Hearing Officer continued the public hearing on Use Permit No. 20 08433 m January 12, 2008, and directed the appkMt to provide the remaining necessary -applk 6VOn ma*Ws to staff within 21 days prior to-the January 12, 2008, public hearing date. The apploent submitted the additional required application materials: on December 12,: 2008, and submitted suppMmmn at prow infamhaton to the City an December 23, 20M, enabling staff- to comp °m the anaiy & .0f' the pwleo . The ,*wVM pwjg , appicaton paekage for U40 Permit No. 2008033 is attached as Exhibit 3. The qty located at 1210 West Bamoa Boulevard s.opereded by Newport Coed Recovery. LIP, and is iosnsed by the State of California's Dtrpartruert of Aloohol and dug Progra me..( ADP) to operate and rnakttain an adtlt residential alcohol arrdlor drug abrree/Fecovery or treatmerd ftft for a tolal .ocaypency of 29 persons. The 'dy's ADP license restricts treatment services to.mals residents. The. ;PMPmty Is owned by Hayes PmVedia% LM The Cl nical.Direetor. of Newport Coast Recovery is bb: Joleh Felton who manages the lkft. The f cloy owners do root 4PMMte any other similar fadlky in to City of Newport Beech, and time are no know records of code violations retread to the properly or operators. Cudetht Use Of the folding. The residential cars facity operates in a two-story bU hg containing 7 hxividuai resideMal dweling units, which are ubTlzea as bloom Currant Uses at 1210 Wash 8ednwmr tlathoa Boulevard Be" Room saw unR LOW OWM Unit WA MA Res Unk 1 1 2 2 Res Unit- 2 2 4 Laval Res Unit 3 14 Res Unk 4 1 2 2 lire Urill 2 2 4 Res Unit B I 1 2 12 Total Unit = 7 glhdudes W- catahk Taint 136WOMM = g Total Bela -is AMMO the fardiky has an ADP license to operate 29 reaklent beds, the applicant has applied for a Use Permit for an 18- resident bed facility which represents a reduction of NCR UP /RA 00372 NCR 00228 Newport Coast Recovery January 12, 2009 Page 5 38 percent flan the licensediftidentbeds the facility may currently operate: However, staff Is recd r mene ing_thatthe facility be approved to operate with a nwrimum of 14 resident beds for reasorhs discussed in the analysis section of this report Parking. The project, site contains sk of Allred parking spaces- two of which are located In a carport area and four of which are located in a garage, howem the gage area is currently being used ae a recreational roan for rest of the facility. Use of the garage as a a ecxeationai room;ls,a prohibited upe::A4.9 must be svai able for parking. The NOW perking requirement for residential group homes is orw parkig space Per three beds::, if tine fscaityy's maximum most occupancy is reduced to 14 persons, the faciSy will have the drily to provide adsquals offer parking g to meet ths� po.ft requirements of the: NBW art .accommodate parking for fartm7yr:group counselirig sessions ons#e. Staferrg.. The rest facility Is staged by eight employees. Fire of these are firN- time employees. The residential faoildy staff additi nW adverse.parldng impacts and includes a dairgal.director; program director, rase managers, theraplats,.adrn6dktrallhro office: staff, night managers, and night staff. Staff members do not rude an the premises. bOOMStaya: The typical:dient stay is a 80-day residency Okied uft three: rheas. OWN Ptsse 1, the tmst 30 days of client residency, dictts are not .permitted lo have their personal vehicles or" to and are not permitted to leave the fadlr bbd y, Outing l?hase 2A,; the - secasnd 30 days of : residency, arxt phase-3 the Brat 30 dsys of ,residency, clients- are permitted to. have their personal vehicles one -and arm peached to leave the lackey independently to attend offe meetings or for recreational purposes. Curfew and Quiet Hours. The facility maintains a amfew hobs for nesktents of 10:00 P.m. on wealahIIIIts aid 11:00 p.m, on weekends. FacSiy regulations Mhdude mandatory quiet h u nt on the premises betwem the hams. of 10:00 p.m. and 8:00 a.m., every day of the week Quiet, hams mean dad no sound is permitted to be audible beyond the Perimeter or the facility wmpt in an emergency. Staff recommends that the curlew hour on weekends be charged sn 10:00 p.m., to be consistent wkh the mandatory quiet hours and has induded a =xiffion of approval requiring and 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 meted am of the facility located wr" a cxKrrfyand which in enclosed on all sides by walls but is open to the sky. Smoking in any Other areas of the facility or outside is prohWted. Treatment Sevicea. Treatment services provided orHW& include individual WWWO g. group counseling, educational scions, famiky gip sessans, and physical therapy. Family gawp counseling as part of the thefts' trestmemt/reoovery is conducted on NCR 00229 NCR UP /RA 00373 I I Newport Coast Recovery, LLC January 12,20M Page 6 weekends et the, oddity:. Ap"ametely ffmo.to f w family mmnbom attend a two4icw group >educational: sassion:at one tlme to.leam-abou t aiooh *wn and drug addiction. Family members park In either to one carports or in metered parking spaces on West Balboa Boulevard. Additional treatment services are provided off-afte at the iDWw ng locations in the Clly:of Newport Beach • The Newport Beach Aland Club - located at 414 32a4 Street .• The medical dfioes of Dr. Rudolph iocaded at 901 Dover Drive. -Suite 404; and 0 The Amen Clinic konakd°at 4019 Westerly Place, Suha 100. Trarapa titin 1: A-wsn awned and operated by Newport Caad Rec6i" provides transportation for resklerds between the offsite sarMce tat4otes and Newpori Coast Recovery. Van FOLIIIGG and schedules are attached as Ehdubt 4 and are described below. i:':on Tuesday. Saturday, and Sunday wrenings between the hags of 7:00 PAL ard,&30. p.m. Van service Is provided to' and from the Atanho (Sub for weir meetings. The van . mule follows Balboa Boulevard westerly from the fbdMY. then north on Newport Boulevard to the Alano Club. The return mule follows 'NeWPOWBoidavard south from the Alanho Cklb then east +on B96OW66ulirvard ko the tautly, ' 2. Apprpxinategr owto fou.1mes a week, deperdaog on appointment t vm.* van eervlce Is provided during the day fru m the facility to mptlicai' es. The Van route Mlows Balboa Boulevard wastedy then ndM.on tOwpottBo ilmdrd, VM east on Darer Drive to the doctor's office. The radon route Mews Doves Drive went to Newport Boulevard, than south on Newport Boulevard, and then east on Balboa Soulavard to the taaity. 3_ Van senrioe, is provided up to four tines a month during the day to and from the Arran Cfrhi. Tnwal tines very depending q= appointment limes. The van route MOM Balboa BouWvard w to Newport Boulavard, north *WV Newport Boulevard, then east on Westerly Place to the Amen Mir. The return route follows Westerly Place to Newport Boulevard, then south on Newport Boulevard, and east on Balboa Boulevard to the faddy. 4. Van service Is provided to a nearby supermarket on Sundays between the hours of 12:00 pm and 2:30 pan. The van route follows West Balboa Boulevard to the Abertson's Supermarket located at 3100 West Baboa Boulevard and returns. from the supemha tat easterly along West Balboa Boulevard to the faddy. . 5. Van service is provided to the YMCA on Mondays, Wednesdays, and Fridays between the haws 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, thorn NCR UP /RA 00374 NCR 00230 Newport Conat Recovery LLC January 12, 2008 Page,7 ead on University Drive to the YMCA. The return rout follows UnWersky. Drive west to Newport Boulevard. then south on Newport Boulevard to Balm Boulavard, and then east on Balboa Boulevard to tha teeny. The PmJW site Is located within an established residential area with a variety of rental and amw- owipied properties consisting of two- rend ttne"nit structu es. In aaldtiion to the residential uses In the knmediste vicinity. Newport Etennernta y School Is located on the south side of West Balboa Boulevard, between 136 Skeet and 146 Stream. Two chntch properties -and at alsodoca>ed in dose PmAwty to the site, with ono church boated on the south side of West Balboa Boulevard at 15 80e4 and the other church and pre echod ioeded'on the north side of West Balboa at 146 Street Facilities limmed to sell er serve alcohol located within: time Waft -of the Project sile Include the Awn Legion Hall located at 215156 Street and Fry's market btnaed at 115156 street. Ether existing or Pend'mg residential group home facilities operating wlrkn fire vkkft of the R*d site include: • Balboa Horizons Recovery Services (1132 West Balboa Boulevard). ADP- tioensed far eWien (11) residents. Received omWftrrel use P in x°2009. Ocean Recovary (1115 West Balboa Bodlevera ADP4M$ed for 22 residents. Use penal apptkxition suWnl tgd. The application for a use W"* fbr Dusan Reooveyis scheduled for a pubic hearing In January 2009.. • Ocean Reco rery (1217 West Bay Avenue). An ADP license is pending foritss "0 end Under" facility for women. who are dually -nosed with eating disorder and akohd or drug dependency. This faclBy is currently Praimknsriy exempt from City regulation per US t>id t court Judge Janes 8ahWs injunction of May 2006. Newport Coast Recovery Is the orgy residential cars f=Tdy currently operating with the specific block which nwasures approximately 400 feet in length and is bounded by Westpalboa Boulevard, 126 Skeet 136 Shag. and West Bay Avows. Wiitrkn a three block radius of the subject property, two resi lentiai care fadtiies have been other dosed or are under abom ent order. These facilities are located at 1129 Wed Balboa BouWmd and at 1219 Went Balboa Boubvard. The locations of other operational residential care facilities, as well as fadidas that have been coed or are under order of abstenerd within the knmedtate vicinity of the prajad site, are illustrated on the Location Maps, Exhibit 5. NCR 00231 NCR UP /RA 00375 Newport Coast Recovery, LLC January 12, 2009 Pa" .8 Staff bellevee. in light of the fact that a sa-bed facility located in .free same. block .wit likely bs approved and operattreg, that there Is a potential that the block could;becorne in6ft'donalized if the.:Newport Coast Recovery applicarm for 18 resident beds is approved and that ON resided dear of the block should be maintained. As an . alta n"va W the Project Proposal, staff recommends that the resident occupancy of Newport Coast Reccovery be rnited to 14 resident beds in order for the facility to be more kronsWNd wkh the resklential aharadar of the ne0bodwod..Ttris is squtvalent.fo atypical .muM4i3n* buildY+g occupancy of two. persons per unit and represents .a reduction of 50 percerd in the tacl!Ws permitted number of bads. Vlithin the:blokk oaarPieQ.by. Newport Coas4- Racrnaiy.. a . of.24} beds ,yrould:be in operation versus .35 beds as :a FMA of the Newport Coast ;Recovery applicant amendM9 the* ADP license for.ft 4adrity to reduce its �o�ed mardmum: occupancy from -29-to 14 residents. Assuming .dre.Newpart- ,CoasCReooveryuse pean8appuoaffon for 14 bads le approved the sac beri:s�t residential care fadily.� issued silicones to operate. and art the ocean above Wed use pennq applications for group home faWhies are alwivued. for continuing operailM there would be a OW of 53 issIdenflal care facility beds whin the Me :=Mskft the subject �prcperty and - a4tims..tdodc., rad'km surrounding the subject property. Establishing a mmdnwm of 14 resident_: beds. for the facility could. serve to mitigate to potential for institutionalization of On 1200 block of WOd 801= Boulevard. The, Pfd reduction in. rent . beds would . allow the facility la.cortepty with on elite parting 1equirements for the addillotial vehiclas:used by fanHY members of residents attending the farm* WoW counseling sessions. M:aac�rdakws. with Section 20MA.080 of do NBMC. the Hawkig;:pl8oer;shal : rnaks certain findags before apPro»rg or candiionel{y spPro,►in9 aw!'applloaUo n::for. use Permit In a residential district The Andinas requbW in order 10 approve or conditionally approve the application are Wed and discussed below. 1. Finding; That Gm Proposed location of the use Is in aotord with the objectives of this cods and the purposes of the district in which, the she is The subject.property is located In an R-2 District, and the proposed use as a rest N*W care faddy is a noncortoaning use. Nonconforming uses in a residential district are subject to the provisions of Chapter 20.91A of the NO. 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 centime the use of the subject properly as a residential cars facility in the P-2 District. Pursuant to Chapter 20.91A of the NSMC. The intensity of the use with 14 residarris is oonsla&W pfth a tyPk W recidenU population factor of two pereons per dwelling unit in the R-2 District and den surrounding prapeW= within the R-2 District, Newport Coast Recovery is the only residential we faciilX located within the block abutted by West Bat" Boulevard on ire south, 11 Serest on the west, le Skeet on the east, and West Bay Avenue on the north. NCR 00232 [y :ill �l :L�cIcR3L? Newport Coast Recovery, LLC January 12, 2009 Page 9 The American Planting Association (APA) defines a suitable standard for such uses 8 being no more titan_ one ortwo 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 a" the proposed condition under which it would be operated or maintained wig be - consistent with the General Plan arhl the purpose of the diatrid In which the aria Is loomed:: will not be: 1-to tine pulft-boaltho'eafaty, peace, moralsi comlbrt,'ar weHere of 1persons residing ormorldrig in or ad)soent to the nokodxnbood of such use; and will not be ideftnerrial 'to � - propgrtae or improvernents.in the vichft 4vto, #0 genesat welfare of General Plan PoWy W 82.7 directs the City to regulate day cos and residential care facilities to the nwdmum extent allowed by. fadetal and atids low so as to minimize imparts on resIdat[st.,neghbodmods: A use permit condkio ned to. regulate the use and operational tics of thN facility is consistent with this policy. The continued use of the su*d.property as a residential care fib will be subjed to eronlIHons of approval tequi ft: that tha facility be operated In a manner that will ensure that the operation of the f0ft will not be deftnental to the public heaidr. safely, peace, moats, comfort, o wefte cf:posonapresiding or working in or adfacent lo the facility. The intensity of the use with 14 residents is consistent with a typical residential population factor'of: two persons per: dwellf" tmk• in 1hs..A 2 Dhtrict: and the surrounding properties within the R -2 District. Current operational standards and proposed, opefadonal standardeAn ire. used bytheAkildy,m, tins: Tutus cult be Implemented through Mme adoption.of conditions of:approvatattadhed to this two permit action. As part of the approval d this use petmk staff moors >ends a condi8or of approval requiriigi the applicant to amend their, ADP Hoerrse to redcroe the max&num number of aticwsd..residents from 29 to 14. 3. Rnding: That the proposed use will comply with the provisions of Oft coda, kwJWk* any specific condition required for the proposed use In the district in which It would be located, The facility, as conddbned through ft use pwin k, will c=opy with the operational standards of 20.914.050 of the NOW, as oLdned in Finder No. 5 below. 4. Finding: t the use Is proposed within a Rulderdial District (Ghapbw 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, th use In consistent with to purposes specified . in Chapter 20.81A and conforms to all requirement of that Chapter. NCR 00233 CR UP /RA 00377 Newport Coast Recovery , u.0 January 12, 2008 Page f o The proposed use is a nonA=dbmft use as specified in Chapter 20.91A of the NBMC and an application for muse pem%for to continue Via use has bow fled by Newport Coast Recovery, the project applicant, consistent with the regulrements of Chapter 20.91. Approval of Use Perm& No. 2008-M includes conditions of approval requift the continued: use of the'subfect 'prepwV as a residential care Witty to be operated Ina manner that will restrict the potential :farAocondhand antoke to neighboring properties, will ewe that contact 4rTforrnation for the facility ia-avatlable: ad- oil UnmW mmcinarn resident occxrpancy ,of the facility Will, be limited to 14 residents equlyalent do two- Persons per '*Wales unit, the facility w1 operate• pursuant to the berms of the license issued do the facility by ADP, other ceriffloations, as appropriate wig be obtained by the WRY. and the names of aq owners of the loci ft will be available to the City. IL Finding: The use conforms le all applicoble-provNIons of Section 20:41AA60. These. development and l operado" standards are summarized as Mows: a; No secondhand smote can be detectable outside the property. b. Faeft must comply -wfth stabs: and local law, and the submillied Manage ment Plan. Including any modifications roquk*d by bhts Use o. A contast name and number must be provided tbo1he tom► d. No services requiHng.a goerrse cw-be provW if Us faciiity does not have a license forttwas services. e. 'there shall be no more than two person per bedroom plus one adMonal resident, unless a greater occupancy IS roquesbed and granted. Occupancy must also comply with State 'licensing If applicable. f. ff COMICation from an enihy otinr than ADP's NOenahM program Is available, applicants must get that oertlflastle . g. All individuals and entities involved In the far4WB operation and ownership must be disclosed. IL No Owner or manager shall have any demonstrated patierrr of operating similar f @Nitln in violation of the law. The use Conforms to the standards set forth in Section 20.91A.M. as follows. NCR 00234 NCR UP /RA 00378 Newport Coast Recovery, LLC January 12, 2009 Page 11 IL The f'dWa current operatIonal'regulationa restrid smoking to designated areas within a oourtyard area of the facitily. The couriyard area is enclosed an d sides by wad but Is open to the sky. Smoking outdoors is Prohibited- The app%cant has agreed to control secondhand smoke on the property by continuing to edoroe this regulation and as a condition of approval of this use permit b. The operation of this facility are in compliance with the gate ADP Hoennse, and as condlNonad, the facility will comply wkh the management practices approved with this application on Me with the. Cky. The app�ard Is required to obtain an aerended State ADP license tb allow a mw msn of 14 msidenttr (or ottw nunbar as determined by the tiering Officer). VMV n 60 days of the Issuance of a use permit, the applicantwill oonfirm, In wdit and with such information presented to the City, that the counseling of familial members not in residence at 1218 West Balboa Boulevard is acceptable under the terms of the current ADP license and any ftdure ADP License. o. Appropriate names and coact Information numbers are provided within the application and, as a condition of approval of this apptiraft% the appropriate `after hours' names and contact inWmathn numbers will be provided ID the City. d. The operation plan for the � facility, provides that only those services permitted by the fac Wa ADP license are performed within the may. e. The ftft is fi ensed for a maximum o=VwW of 29 residerks. The faCft contains nine bedrooms .cumsntly occupied by two pew per bedroom for a total of. is residents. As a condition of approval, the applicant is required to obtain an amended ADP loan esiablishing a mandmum 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 am two beds per bedroom In each dwelling unit of the facility designated for residents' use. This oochgranhcy Is oons®ted with the residential occupancy design of the building and the Occupancy standards of NBMC Section 20 91A.050. 1. As a condition of approval of this use permit, the applicant will consider the menus of additional certification available to it, Including but not Bribed to an Orange County Adult Alcohol and Drug Sober Living berm. In the event . that the applkcaM deems such certification Inapplicable to Oft tnsatrnerht use, the applicant shall prepare a later so stating these fads and submit the letter to the City within 60 days at the Issuance of a use pmt NCR 00255 NCR UP /RA 00379 Newport Coast Recovery, LLC January 12.2008 Page 12 g. AN smptoyses. and. management personnel have been disused in the application documentation. h. According to hlotmation provided in the application documentation the owners and managers of the fadlity do not awn or operate any other similar in the City or Newport .Bench or in the State of California, and there is no known record of code violations. The fedlVe State of California ADP terse is in good standing arxl is vaild until January 31, 2010. e: Funding: Tht proJed Includes suf8udent on4ft. Paddng for gilt uss, and #oft and transportallwi Impacts have been mitigated -to a ever of InsigniBganroe. , The -NBMC dukes off - street 1rsg arwd kxadatg spaces ter a,reslder►tial drain facility at 8-MW of one apace for every three beds. The tadSly provides s Joel of SIX Pig spaces for 14 beds, and . therefore, would. meat the NBW requirements for off-street parldng for 14 beds and world aoocrrsnodale pwift for family counseling sessions as noted below. , As a cmdOm of approval, the s a app required to rnetaa axaiinble and maintain .ail areas designed for t>a�kin9: including the existing founder gauage, for pars ft purposes. Residents completinV their *d phase of treafamt, which axokrdes 30 days of residency, are not allowed to have personal vehicles. Clients cwrnpleting their second and thhd. Phase of buftnert, which Includes an. additional 30 bob do" of residency, "are permitted, Have their personal vehicles at the facdilt . As pat.:of the approval of go use Porit staff remmends a condition of approval that (1) requlres the purdrase of one master padding pw t fMm,do.Cky to umfor.on- street pig by..each client who.is Permitted to drive his personal vehicle to and from the and (2) restricts to a nwxbrssa or three the marew.of clients who remits at 1218 Went Balboa who are permiled to have personal vehkks. Vfsiters mey park on the portions of Wast Baboa Boulevard where paMng Is load aunt to both the skewsk and On center median. A taeility van Provides transportation ter the residents on a waft schedule dispersed within the day and among the days of the week so that van transportation is not rbeted during peak traffic flees. Van loading and unloading is conducted in front of the faclllty along Balboa Boulevard. As pmt of the approve! of Oils use paint! staff moor nrerrds a condition of approval that restricts loading and unloading of van passengers to be conducted within open pa*tl spaces along Balboa Boulevard, and van drivers will be prohibited from stopping or donne parking In a traffic lane. Staff is concerned about on-sir d pMft associated widh Newport Coast ReoovWs regular family counseling sessions on weekends. Familial counseling for fm4esidercts. while arguably an Important part of the recovery or resident NCR 00236 NCR UP /RA 00380 Newport Coast Recovery, LLC January 12, 2009 Page 13 cents, can signiflcanNY Impact o"trect paddng during busy weekends on the Balboa Peninsula. To reduce these impacts, staff proposes a condition that reduces the f8ditys mar&m n permitted resident bads from 29 to 14. and limits famBal counseling or►eite where wreireet parking is utilized to Mays between 9:00 a.m. and 12 Noon. In the event dust to applicant seeks fanilial counseling during other tines of day. the applicarri must either provide one parkkig in a mares that does not result in the placement of resident care on the street in order to accommodate non - resident use of the carport or gamoo. or shuttle non - residerd family members to the location by van from a lotion off of the Balboa Peninsula. 7. Firhdbhg::The property And existing etrucgrnss are physhelly suited to - accommodate the use The budding pis. sinrillarr to many other residential structures along West Balm. Boulevwd canstturled or► a parcel that measures approxitmisy-82 feat wide by 100. feet. deep. The building was constructed In 1949 when the subject properly wWzoned ,3. ,Tte property was later rezoned to an R-2 Dlslrlct In IM along with .other; properties in the area. As a ream, the structure is nonconforming slruchrta , perrrdI0d to continue subject to the provisions of `Chapter 20.02, "tonconforani g:3brurhures and uses,' of the NBMC. ,The. Cdr of. Newport. Beach Fire Department is the responsible agency for wKqjbmerft9 fine, protection of all residential care few and . The °'WbjaotfrroPertyft has an approved fire clearance from the City of Newport Beach FireDepartrrent dated Julie 8; 2004, for a maximum occupancy of 29 resider, as Wei. as staff. Separate ",the- use permit process, the applicant may be required to conduct an arcs techuai coda analysis of the faciily to dmOrtnine t the badly complies with rennet Buideg Codes for Uds occupancy lye, of the Building Codes existing at the time ffre•#aciiiby was Initially issued a 'fire a Finding: The use will be conhpatibte with the character of the murmndhV neighbontrood, and -the addition or continued maintenance of the a" will not contribute to changing the residential character of that rroighborhood, such as crGaling an overconcentrayon of residential we uses in the vidnity of rho proposed use, In making this finding or susfalaing such a finding, the Nearing OMcer shalt consider, as appropriate, the following factors; . a. The proximity of the use location to aehoob, parka, other moldentild care facilities, outlets for alcoholic beverages and any of her von which could be affected by or affect the operation of the subject use; NCR 00237 NCR UP /RA 00381 Newporl Coast Recovery . LLC January 12, 2008 Page 14 b. The existence of substandard physical characteristics of tho arm in which the use Is 'located sucht as lot wider, setados. narrow streets, limited . avellable ;paddr& short blocks, and erne substandard cloracteristics which are pervasive In•certsin areas of the City trMewport Seach. including portions of West Newport, Lido Isle, :Balboa Penirhsular Balboa Islando Corona dd Mar and Newport Heights, which portbns-were, depleted an a map •rerened -to as the Nonstandard . subdivision Area presented to the Newport Beach Plannhhg,Commissbn: on September 20, 2007- and on file with to Director of Planning; and c. Whotirar,_In light of the factom applied In subsections 20AIAM.1 acid 0.2, it would be appropriate to ap* the Aneriean- planning Association standard of permit one or two such uses par block. Median block ,Iangvw in different aress,of Newport Beach widely range from 300. feat: In the: Noretandard subdivision Areas to as much as 1.422 feet in standard aubdivblon erase. The average calculable block lerrgfhtin mudt of:few standard subdivtelon areas Is 711 feet, and the calculable median block length is &IT Test. The Hearing - Offlow shall apply the American Planning Association standard In all .areas of Newport Beach In a. mimnerlhat eliminates the +titierences In block longths. In making this datermination, the hearing.:ofifiow $hall be.guhled -by average. or median block "the in allndard subdivisions cf the City. The Hearing Oftw sw retain . tie discretion to apply ashy degree of separation of uses, which he or Ohs .deems appropriate tan any Sim case. A copy of the American Planning Association standard .M on me. with the Waector of PlannkW The ptolecd ale Is located within are estabkhed residential .am with a variety of rental and owner-ocaipled propefft consisting of two-and three -unit strucheas. In addition to the residential uses in the Immediate vicinity. Newport.l lernentary School is boated saoss.9alboa Soutevard kcal this facBy, apprmmnately 300 feet away between 116 Street and 10 street. The City has not received any c=Plaints from representatives of Newport Ekvnentary School or the IJewport Mesa Unified School District regarding the proodrnly of the lactiy to rho school during the period that firs lordly has been operated by Newport Coast Recovery. Facilities Doensed to sell or serve alcohol boated vilhin three blocks of the Project site dude the American Legion Hal, boated at 21515x' Street and Fry's market, located at 115 le St eoL Newport Coast Recovery Is the only residential clew fac ty currently operating within the block which measures aWo*nM* 400 feet his length and Is bounded by West Balm Boulavard, 121h Street, 13m Skeet, and West Bay Avenue. As Previously diecassed, Ocean Recovery has proposed a sax-bed facility boated NCR 00238 NCR UP /RA 00382 . Newport Coast Recovery . LLC January 12, 2009 Page 15 i approximately 30 feet from the Newport Coast Recovery tadlhy. The sbc#sed facility Is proposed for 1217 Wed Bay °Avow and would become operable following approval of an ADP Doense. Because of d May 2008 Preliminary ir* unction issued byU.S. District Court Judge James' Selra% the Ocean RekOsrery six -bed facdty is currently exempt from the City's implementation of Ordinance No. 200845. Ordinance No. 2008 -05 included a provision that Integral faciMW (when one facility operator regulates more than one small AM licensed facilly as an kftgmisd netwofk):are subjed to Ordinance No. 2048-05, howSVK, Judge Selina enjoined the City .from enforcing this Dtovieion of the ordinance. Ordinance No. 200&45 .provides: fief the .proximity of other : group residential uses within the vicinity of -the project application W evaluated and provides Oust the APA `standard may be used in the evaluatlom The evakidon nay take into account tlo adual of a`feci ily ft the are planned for-1217 West Bay Avenue, however, the provisions of Ordinance No. 2008 -0 am not iriterpreted /o allow the HemV Officer to deny a proposed group residential use permit application based on an expectation that a future ADP licensed, "Six and Under. residentfaedill is pending approval nearby. In addition to the Newport Coast Recovery facility. there are two other residential care facility uses :located within a threabtock:wdius of the .subject property. A use Penrdt application was approved Deoember 8, 2008,'W Aslboe Hortoons, an 1t bed`•Icensed treatmert ham located at 1132 Wed,�Balbca Boulevard. A use Permit for Oom Recovery's 224bed fcensed residerM care -faci ty' located at 1115 West'Balboa Boulevard is under revlaw and pending a public hearing. Within the block occupied by Newport Coast Recovery a total of 20 beds could be in operation t the sDk-bed Ocean Recovery facilly is opened at 1217 West Bay Avenue and the p 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 fatty 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 141 n order for the taclity to be more comindble with the residential character of the neighborhood. A maxunwn of 14 beds is egrlvotert to a residential occupancy for the wity of two Persona per dwdke unit which is consistent with population intensity for a Property within an R-2 pistriot. Staff believes it is reasonable to brit the fadliy's resWerd beds to 14 in order to avoid the potential far the InsOtutiokalization of this specific block, of West Bob= Boulevard, in right of the fact that the nearby six -bed facBiy wit Ikelr 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 dwactenpstice and standards contribute to making the facility a compatible Lae with the surrounding neighborhood. NCR 00239 NCR UP /RA 00383 Newport Coast Recovery, LLC January 12,2W9 Page 16 9. FhKNng: The operation of buses and vane to transport residents to and from off-sib activities does not generate vehicular traffic substantianr greater than that nominally gene by residential activities In the sunnunding area. A facility van. provides transportation for the residanb .Ond possit* to MSWM nmtwr, 5such a condition isapproVed) on:a.weeldyachedule` dispersed .within Ore day and arneng the days of she week so tlhat van transportation is not concentrated during peak trafliC tirnes. Van loading and unloading is at the vYW Balbm eoulavard; fr+crda9e..that Is less.congested than the narrower aft access at the rear of: the budding. A condition of approval Is Included .requiring. ills loading and unloading, of -the transportation van passengers t4 occur only n;. open per", spouse on 4�st Baboa Baulevesd, and prohteiting the van ddvem4n m steppkrg.or double - panting in a traffic lane. 10. Finding: ARangentenp for.dWvegr .of:goods are nude within iho house OW are compadbts wlth and wit not adveraeiy aftathelmoe and quiet of nalghborbhg properfiae. Business products and ot1w proles and goods we daliveredAc doe iadl/s Wiliness office located off -sits. From .this lawtion, goads-are: deftemd'by staff mambom to the fadfity: during weekdays between Ore hours of ti:00 a.mt to 5:00 p.m. These:,days and haws for deliveriesare mwlsterd:utdth nomaal WceAV Ihowe: and. as such are compailble with. and will not:advars* aided- the peace and quiet of neighboring properties. 11. Finding: Anangements for oommerciai trash collection in excess of usual residential collection are made within hours am are cornpatible with and wifi not adversely affect the peals and quiet of neighboring: pmpwft& - The applicant contracts with a commercial waste..managemerd oonpeny which collects trash twice a week on weekdays between the hours of 9:00 a.m. and 5.1)0 pm The hours of trash coffin are wNhin hours Gist are cdmpatibls with and will not adversely east to peace and quiet of neighboring pmpertioa The Newport Coast Recovery facility. as conditioned, will adhere to the development and operational stsrrdarde as established in Title 20, Section 20.91A.A -F, of the Muni Code, as outtkhed above. in addition. the findings required under Section 20.91A000 of the NBMC can be made and are supported by the fads oullined above. Appropriate conditions of approval have been mwnv ended as described in the dish conditions of approval, Fadribit 1, which include Isttiting the taellitir's maxknum number of NCR 00240 NCR UP /RA 00384 Newport Coast Recovery, LLC January 12, 2009 Page 17 permitted resident treatment beds m 14, incorporating specific operational standards for the facility, and providing for an ongoing review of facility cotnplia ce review in the future. As part of the approval of this use permit, staff reoommOnds a corvman of approval that the operations of the faculty be reviswed within sbt months of the data d approval of this use permit, and then annually thereafter to Iderrtilj+ whether the faculty is comptying with the conditions of approval of the use permit At any tirne of review by the Cu'ty. the use_permd may be amended. or upon a find ft of failure to comply vratc itie conditions of approval, may be mvofced. The City may also revolve, moldy. cr,in grid this use permit ft it � the conditions under which the facift it tieing operated or maintain" are deMmental to the pubic healk safely, peace, morals, comfort, or general welfare of the community. or If the facility Is materially Injurious to #moperty.or improvements In the vicinity, or it the facility is operated or maintained so as to constitute a public nuisance. As an alternative to the stab r0mmmardation, the Hearhg Office may etUner 1. DiMd staff to prepare 'a r sokidon denying the use permit application based on an inability to make the required findings; or 2. Dined sialf to prepare a resok ftn to approve the use permit application subject tO amended or modified conditions of approval. This activity has been determined. to be categorically exempt under the requkements of the Caiforrda ELI Quality Act (CEQA) under Class 1(M*V Facilities). This class of projects has been deaertmhed not to have a sigrdiicasd effect an the envirorvnent. and is exempt from the provisions of CEQA This achy is also covered by the general nde that CEQA applies only to W*cb that have the potertiai for causing a significant eftct on the environment Mection 150M1(b)(3) of the CEQA Guidelines). it can be sever with certainty that there is no possibility that this activity WIN have a significent effect on the envhoranent and it is not subject CEQA. Notice of this hearing was pubra;hed in tits Daily Piles, maned to property owners and Occupants within 300 feet of the property and posted at the sale a mduni mrn of 10 days In advance Of this hearing consistent with the Municipal Code. Additionally. the item 81313901"Od upon the agenda for this meeting, which was posted at City Hog and on the city weWde. NCR 00241 NCR UP /RA 00385 Newport Coast Recovery, LLC January I 2009 Page 18 Prepared by: Submitted by: r� nn ConsuHurg,Pl nor Assistant City Manager EXHi8fTt3 I. Draft Condidons of Approval 2. December 8, 2008 Staff Report including Initial Applcation Submittal Items ; 3. Complete Pmjed Applcadon 4. Locatqp Map 5.' Van Tianepa on Routes NCR UP /RA 00386 NCR 00242 I Exhibit No. 9 Draft Conditions of Approval 0141:41191 :L��LBI:� NCR 00243 EXHIBIT "1" DRAFT CONDITIONS OF APPROVAL USE PERMIT NO. 2W8-033 NEWPORT COAST RECOVERY SERVICES, LP 7. Governmental Referrals. The operator of Newport Coast ReooverY. LP, hereinafter referred to as 'Operstor," shall not provide any services to arty diem or house any client who has been referred or caused to be referred to Ne+►vport Coast Reams facility by any govemment l aget►ay, including but. not iruted to probalianms or paroleem due to the MrAmlions. that Section 509.9 of the California Btill ft Code places on Group l and R occupancies. 2. Radical West& Any and all medical waste generated. through the opersdoo of the facility shall be disposed of in accordance with fie City of Newport Beach's Municipal Code. ail other =laws and LbW hdueW standards and pradkeS, 3. Trs¢n: It 'timaalr_Enclosures. Operator. shall -oou4*1 with City code proftions pertaining - to hash:endosurse, and 9 dkoctad by the Planning Director, aW secure and rnaintaln connnerdal bin service at the subject properly. 4. Smiting and Tobacco Products. Operator stall contain secondhand sacks generated by patients, clients, aertorners and staff by designsarig and mwftkdng a amold" area that is Interior to the facility located in a courtyard arm surrounded on as sides by walls and open b the sky. M addit% Operator will not allow dienta, staff, or residents to Inter cigarette buts an the ground, floor, deck. sidewalc, sutler. boaddwaic or street Operators and managers stern ach* enforce, on the Cajrs behall. the Caj%s pmhb bm on clerds' tobacco use on beaches, boardwalks, and piers (NBMC §11.08.080). including when Operetor's clients are at 'AA' meelings. 5. Off-Street Parking, and Loading and UnloadMg. Operator doll provide six o f-dred pars ft spaces for to use of the tacildy's sW, visitors mW residents at all times. Operator shall ensure that the pamm spaces toceteti on-ob shah mffwjn open and dear of any and all obstructions at all tines, and used for parking or deliveries: Loading and unloading of passengers of the fadWs transportation van shall occur any in open parking spaces on West Balboa Boulevard. The van driver is drily prohibited 8om stopping or double-parking in a trafio lane to bad and unload passengers. In addition: • Client drivers shall respect all Cily nukes regarding padding and/or stopping and walling to bad residents. Cie* transport vehkles shall not bb* adjacent alleys or street ends. NCR 00244 NCR UP /RA 00388 • Client drivers shall not leave vehicles in revue ,gear if reverse has an audible bade -up wamity sound. • Client drivers shall speak to MsMgrft at a level protective of neighborhood PO". cognizant of the hour, to avoid watdr0 neighbors. B. HoWne. Operator shag establish, prwide.pubic notice of and operate a hotlrte for receiving inquiries andAw complaints ,in reference to ft operations of Its tags. The Phone number need not be staffedz 24 hours a day Seven days a week but cagem should be responded to vriduin 241oum of their call. 7. Quiet Hours.. Operator. slag apply this Quiet Hass of 10:00 p.rrL to 9..00 a.m. dally to to tacitly. Dudrh9 these Quiet Flours, ag maidenis vatt be khskie except during emergerhdes. Quiet means no sound Is sudibb beyond the perimeter of the facility except In a demonstrable emergency. & Curfew. OPeMW .ahall wriend the rules of operation ohanging the curfew hour for the facility ft m. pm, to 1000 pm. an weekends and shag provide evidence Of such change to the City. The Operator shall enforce a .oufew of 10'00 pm. dally ta .ft feebly. 9. Routs Plans. Operator shag adhere to the Route Plans for transport of 9s staff, residents, clients, and Customers that are included -in the Operetion and Management, Plan. Short-term intaruptiona: such -: as medical etnerperplas or st[aet maintenance, which are beyond Operator's control, are allowable Modifications to the Route Plans. 10. Deliveries. Any daiiveriee to the factRy shell only be made between 8:00 a.m. and 5'00 p.m. an weekdays so not at all on Saturdays or Sundays. unless w9ently nary. In addition, delivery vehicles may not block the sky. ft Stakeholder Group. Upon Invitation by the City. Operator shell participate in the activities Of any GW*hOMw committee or ft � addma to complaints and c orhoems of residents of to C mgwdkV the opera6ori of Residential Cane FacBgea in the City. 12. Fardlity Beds, Person per Bedroom. The Operator shall not allow more than 14 clienls to be housed at this facility at any she time. At no time shag the Operator house more than tyro clients in any bedroom of the faclgly. 13. Stab Licensing, Trerhbr "k and Occupancy (if tisenssrlj. The operator shat amaend the faciiyre "Isting State ADP License Nurnber 3001WW. which expires on January 1, 2010, to reduce the mamdrnu m pemngted TmalmanyReoovery Capacity for residents tram 29 to 14. AN occupancies at the subject property Shag M" with the State ADP Lbmse Number 300156AP, as amended, which wipires on January 1. 2010, and any sucoeeser license affedrhg the samedrselment swvioss. Operator Shag mW ntai n ADP tioers$ng dwmehod the duration of this use permit. NCR 00245 NCR UP /RA 00389 14. Fandiy Counseling. In the event that Operator prov&fes Counseling or educational sessions to family members; of persons .housed at the faciily. all of Atha following oonditimm,appy: A The counseling or educational sessione.shad be expressly authorized n the tadity's ADP license; B. In no case shall the fat ft - provide Counseling or educaional sessions to personas who domot have a.reWn receiving urpaient treabi nt at the faculty. C. Family counseling or educational sessions requiring the use of 0*4b " par" shad only be. corgi at thefad 4 on Sundays between 01008-UL and 12:00 noon. D. Family counseling or educational conducted on weekends at tines other it= Sundays bum the hours of 9:00 a.m. and:12:00 noon shad be Provided on -ails parldng at the fac ft or shuffle services tetwemr the facer and a Kraft oil of.the Balboa Peninsula. 14. GuNding and Zmft. Operator mMnbm that submit propsdy:hae specific setbao 4rom the rite yards, fror4 yard, andAw back Yard per the CiWs Bulldog and Toning Cates. .Operator will keep. these setlxais dear of ob*ucftk Including WMI ng obstruction. The oanrly.slormge of hash parrs is acceptable In setbacks. 15. .._.Stalling. Operator wit hoe enough stab to appropriaicty <and rssponslbly . Manage VW facility, and shaitilmel the stall'to no mae°ffmain'AM staff Members An-6119 at any one tirte.,so aB:.eo avoid overwhaknirg the ors neW6oriw0d with care, shutbes. trash cans, or other aspects oft! hi~ c mrnnrdal use in a residential neighborhood. 16. Nuisances.. The subject property- amd not be unsafe, unsightly or poxly maintabned. If Operator recahras,a nuisance violation tromwthe City iB regards to any of these Issues. Operator shad correct the vl ddm within seven, days or contact the City directly to negodale a rtx haft agreeable tirnedne. 17. Profanity and Lewd Behavior. Operator shad not tolerate lewd behavior, lewd speack or profanely at ti's subject property. Profanely expressed at a level heard by neighboring residents may result in an administraM dtation issued by the City upon the property owner and operator. 18. Noise. Operator shad sbicdy adhere to the Cdy's noise standards (NBMC §10.28.025; 10.20.030). Operator shad be responsible for mininbft dapping, clomping. or other noises at nestlings or gatherings at the subJed.pmpo*. consistent with NBMC §025.030. 19. Beaches amt Other Common Gathering Areas. Operataft we of the beaches for meeDngs, prayer. conversation, or other gatherings shad slaw due respect to non - resident visitors. residents, and other beaehgoers, thus allowing them to talm U anjoyment of the beach. Operator shall not conduct business on the beach (per NBMC §10.08.030). NCR 00248 NCR UP /RA 00390 20. Services to Fac3Ws Clients or finis. Operator will use industry's best OWING to MUM tint the %dWs dWft or residents stay in recovery (including scheduled substEtnes testing, random substance testing, and nxtuired counseling ; ,Operator shell ensure that any dw or resident removed from Operators program or fadity has the resources necessary to return home. 21. Federal► State and Local Laws. Operator shag comply with all federal, state. and local) Jews. The issuance of this use permit shall not consft" a vA*w of the requirements of any federal; -state or kxud law, including the requirements of the CaMomla Budding Code. 22. "004116e6l Parking. Clients and staff of the Newport Coat I ( very tacMW are Prohii d from paddng:on public streets in Newport Beach, except for VmP6 on- street ='spaces, utd'imed following notification to the City from Newport Coast Recovery and following the purchase of thrae master parfdng perms by the Operator from the Coy for such parking; 23. Grind -of- Use Permfi. Use Permit No. 20084)33 is granted to Newport Covet Recovery, 113 to operate an grit alcohol and/or drug abuse recovery treatment fac y t males only; and all c�ta of the %cifly:"M be dauffled at disabled, asIW "term is defined by Federal and State fair housing laws: The Operator shall oc acuia an Wdavk declaring that all clients receiving services Irom this Facility are disabled parsons. 24. Compliance with Conditions of Approval. Any changes in operationei doracteisdM including but no lb*od to the following. shall require an amendment to this use pemhit or issuance of a new use permit: a. Modilication, expiration without renewal. or bas of ADP license. b. Increase in number of resident clients. a Increase in oneite staffing. d. Increase in Physical capecity of faciltiy including number of beds, number of bedroorns, boor am of faddy, etc. e. Change in the Operation and Management Plan. f. Request for amendment to any condigon or =xWons of approval. g Change In PW ft ownership In a manner that causes the majomfyr of the PMPedy to be owned by a person or entity riot identified In the Use Permit or Its application. h. Abram and/or loss of approved on-stte packing. NCR 00247 NCR UP /RA 00391 L Upon determination by the City's Planning Director. a change in fap'lity management, a change to facility ownership. or a drange in the population served by.thls facility. . J. Any other;meteltal.change in the operational .chatactwis = that is not it :subdanfial conbrmanoe. with the Operation and Man0gement Plan upon determination by the City's Planning Director. 25. Revlsw, Additions: or Moditioatons to Conditions of .:Approval. or Revocation of Use Perm��..Ws use permit shall:be reviewed by.the;City within six months from the date of &W approval and,,may be reviewed: every 12 months theresfterfrorn the oats of the fast review to evaluate the operations and managerstent:of the facRgr. ; As,- part:.o! #*..review, the: use {rednit:aw.-be rei red to the Hearing :Off ceror City Council who may.add.or modify conditions of:appm* to ttft use permit.. oF:mvoke.this use,pemct upon,a fix* g.of falure fio <?Wft vfth thQ.condNlons sel *#h. The City Council may also revom. modify, .or amend this use pemhit if it determines the conditions under wMdh this facility is being operated or makftmad are. detrimental to the puMto hear. safety. peace: morass; oolnf % or general weMare of the carnnnmity..or N the facility is materially injurious to property orimpmyenrents:ir the;vidrtity; or If the fec8dy is operated or meirdshed:so as to eonsi lul , a pub6e nuisance. In any prpope ft,, to revoke this use permli, the .cumuladve:effect of.viaMton:of two or morerconditions shalt be considered. NCR 00248 NCR UP /RA 00392 J Exhibit No. Z December-8,2008,, Staff Report NCR 00249 CITY OF NEWPORT BEACH PLANNING DEPARTMENT STAFF REPORT December 8, 2008 Agenda item 1 TO: Thomas W. Allen, Hearing Offer SUBJECT. Newport Coast Recovery, LLC 1216 W. Balboa eouhward • Use Penmti, UP 2008 -033 (PA2008 -104) APPLICANT: Newport Coast necoary LLC CONTACT: Janet Johnson Brown. Associate Planner (949) 644 -3236 EMECT FMUMARY An application for approval of a use permit to atiow 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. 2000 -05, which was adopted by the City Council In January 2008. .i7:l, 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 bearing Officer continue 'tte public hearing on Use Permit 2008 -033 to a date certain and direct the applica.It to submit all require d ppkasm materials to the City no later than 21 days prior to the NCR 00250 NCR UP /RA 00394 Newport Coast Recovery, I.LC December 8, 2008 Page 2 VICINITY MAP b GENERAL PLAN 20NtNG' s Srrz..�Iv 4��i l . 'Its l s l�,, /ag `-•:. ! . :! !f � _111 %TI , L�L/.. �11 / LOCATION GENERAL ZOMM CURRENTUSE ON SITE RT Tw gft Reskletd6s1 R -2 Two-F Rea dentlel Caro f NORTH RT Twoalnit Resklantlal R -2 TVFO-Fsrdv Reside M Raaidantia! use SOUTH RT Two-7M Real�tdlal R -2 Two Ford R�adeMiel Realde of use EAST IT Two UNt Resdw N. R Z 1Mro-F ResklantW Residsnt* use WFS► T. T*O- ReWe" R-2. BMEwft ReadenN ResWmW use NCR 00251 [y :ill �l :L��I�RI✓I�� Newport Coast Recovary, LLC December 8, 2008 Page 3 in response to a >saOM Increasing .concentration of thouf? Reimer" Uses With n the CRY :and the negative secondalybnpacts:these usea;p rn6alryrdar►�tave'vn re9 ntiel ne0borhoods in wtich they am located, the City t"churict Adopted,�lydkrario9 in January 2008. The ,OF*O ca• hdentlles the fofk>r g adverse':iahpate� that lYpkely accompany fhistype of'use • ' .Changes In the residential cgarecter#hf.t a ne Motho q�! Se ixidliend'snwke. • PWhv*y.and lewd speech • .Tratflc;congeslfun is : • tCesfYprarAJCed.; . - • - debriii on surnounding.sk pyMft The ordinance is intended to. protect the k."O* of. Rio, Ci<r/3.. P Ca The handahreerrtat P►ecept: of .the Cay's 7.onirtg::C,chde reVe to rdia1 "fines hs :. that fndivicluat dwell6tg units are intended for the otxvp ancy and use of single hang units By adopting the ordinance; tFhe Cty changed -tine way t,regt+latee rasidert(QY'irses that are not single housekeeping units. Group Itving ansmgenv ':sndi ass boardlrt0 houses, morning houses, dory ftories, fraternWas "and bororitilm and offer e housekeepdng units were fauns to be Incompatible with ow nature and character of the CW$ residential disfrkts. Residential care utilities such as sober living homes and licensed recovery facilities are not defined in the Newport Bosch Mmk*)el Code (•NDMCI) as group residential uses and are potentially permitted In the Ctry's residentially zoned areas. The ordnance prohibits any new residential care facility that is not a singka housekeeping unit from being located in the R-1, R-1.5 and R -2 Districts, and exetrvts only facilities that are licensed by the State of CaNfornt a Department of Alcohol and Drug Programs CADP') for six or tewe► ►esk brhts wthich are that operated lnteWW with other fadites. Any proposed now facility that is not trensed by ADP for sic or fewer residents and Is not a single housekeeping unt must first obtain a use permit and can only be located In a Mull)-FamHy Residential ('MFR-) DMICL Some existing group residential-care fatties in the qty became nw-co nfonnUtg uses after February 20, 2008, because they were not sin&t tmsskeephig.units and did not have use permits. AN existing nonconforming group residential pare facilities became subject to the ordinance's use permit process and were "Ired to appty for a use peimit by May 22, 2008, to continue operatim NCR 00252 3 1► [y :aa1 �l :L�rIrRPI? Newport Coast Recovery. LLC December 8, 2008 Page 4. Under the ordinance, Newport Coast Recovery, LLC became a nonconforming use. On May -,20, 20118, Newport Coast Recovery, LLC submitted a use permit application to cgrhticute the operation of the existing residential care facilty located at 1218 West Balboa Omlevard,00nslsWV with the requirements of Chapler 20.91 of the NOW. A copy of the Newport Coast Recovery application as submitted is attached as Edhibit I. The axisting structure Is a seven (7) unit apartment bulr►g that was constructed in 1949, when the sttod property was zoned R -3. The property was reclassified from R- 3 to.R-2. in 1989 (Ordinance. W24) along wfth other propenl'es in this area. As 'a reaft -- iha'su*d structure Is a nonoahforrrhIV structure; which may continued subject to the Pavfsiorhs OtCfhopter.20.62`(NOnoonfompng S6uottrres arc Uses) of the NBMC, . DISCUSSioty . ' The Prgect site is located adjacent to and on the north sWe. of West Balboa Boulevard betwean ie, Street -and 13" Street, ni 'ths Balboa Peninsula Balboa Boulevard Provides PrimerY access to the Pr*d sfte,:with secondary access�provld®d from a,rear public alley that also intersects with 12'"'Street and le Street As stated above, the project-site is developed with an axMM seven '(7) unit residential apartment structure. The project site is loiatted vritiMn an established residential area, with, a.Variety of 1rentat and Owner- oaxnpidd p`opiemea Ong of two and th-ree'unit stru lures. In addrdon to the residential rises In the Immediate vicinity. Newport Elementary School is located on the south side of West Balboa Boulevard, between I Street and 141h Street. Two church Properties and a pre - school are also located In dose Prooeb ty to the rperty site, with one church located on the south side of West Balboa BOUIOVardl at 15 Street, and the other dutch and pre - school located on the north stole of West Balboa at 10 Street. The proposed allow t project is a request for approval of a Group Residential Use PGantt to operation Ot an existing residential care faclitty. Tire &dMy Is operated by Newport Coast Recovery, LLC, and Is licensed by the State of CaYfomia's Department Of Alcohol and Dreg Programs (ADP) to operate and maintain an adult residential alcohol and/or drug abuselrecovery or treatment facility for total occupancy of 29 Persons. NCR 00253 y NCR UP /RA 00397 , Y •K :'YI Y. I .: ,. ,I, , c I The ttroup: Resident ell Use �Pemat. application sub nW:by Newport Coast Recovery,. LLC•wes incomplete at the time the pudic. hearing was scheduled and Us report was prepared. The . use of: the project site, suboct.to. abatement on February 20, 2009, Pursuant re Ordinanoe:200"& By scheduling the application for a pudic hearing, Ore city was not deeming the application complete. The intent of scheduling :this:hearaig Is to provide the applicant with an opportunity to obtain approval of a use pe ri t prior to Feixuary 20, 2009.. . Since .sc tifn9 the Pub1le..headng, the. applicant has made an effort to provide some of .the,tequ.00 materials in s port. of-the application fors use pemdt: Foflowing In secAtenow. ;order afe,.stafts effods * communkxite: Ith the applicant and process the applir�dorn bn.oWor to deem It complete and schedule it for a public hearing. `On June 10, 2008, a &No** of Incomplete Application' was sent to the applicant describing the materials required by the City In order for the appi'ioation to,be: deemed complete and scheduled fors pudic hearing (EMbit 2). On A ugw 4,:2008. the CRysent:a follow up fetter.(Eh n 3) to the applicant irforming the .amt that fathue::to .oAtsNh.a use _perrhit: for tha..grcup restderrtlai use' of tine ptoperryr'would reruier the. use, non-corrionmbrg and. sut>Jeat to abatement by February 20, 2008. 7be letter also requested the required application materials described In the June.16, 2008, 4No ;ic .of -ftx*nj*WApp1IcWW he vibarntled ;bySeptembec2, 2008. to .rflaRor!se'to' bete `lattey .staff received a :telephone call: from a represenative of the epptit if 'tiihteit tlte.cdiler requested-an extension of drum. The caller was directed to subrrnit8 written request to the:Cbty, but the City never received a written confirmation of the request a time extension.. On Qotdlier 23, 2008, stsif contacted the appucWs representative by telephone regarding the status of the application and the anticipated schedule for submi W of the requested application materials. At that it= the applicants representative stated the required application 80rtg 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, 2006, I*Phone oarversation (Exi lilt 4k however, staff did not receive a response m 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 M aterials in response 10 the 'Notba of Incomplete Application" dated June 16, 2008. The atld8bnal materials received by the City from the applicant are Included as Exhibit 5. NCR 00254 S After reviewing the materials submitted staff has determined that the application is still Incomplete and that the fallowing materials, as requested in the June 16, 2008. Woft. Of Incomplete AppkaSW remain to be submitted In order for staff to deem the application complete: . . " . M , 1 . y. CI 2- A site plan that shows it* facW8 bukkV foolp" and propaq &MW MM WId 1, li. {i i. footprints '1: >. I pawls' >1' :.1 !i1: to 1 3. A COW of a-Pmknftry Tift Report 00 Is less than 80 days old #W Menliffes the \!:. description of property. 4. The approximate times of departure and return of travel destinations inrticalod on the route maps .submitted "uxlea rig the transit and travel routes that will be used to bvjww clef off.SNP- 5. A buAng rte: and floor plan of al roams Intended for residents' use identifying the number of residents per bedroom and the location and the number of beds for of residents, kWkK rhg the location of beds for inf uft and other rw 4rnt>ulswy Persons. Any rooms Identified as bedrooms MM comply with the 'def igtr of a bedroom pursuant to NBMC Section 20.03.030. and must be cons rd with penhitted floor plans on Me with the City of Newport Beach 86MV Department, A statement as to. whether or not the facility disposes ot me" andlor bio waste and. ti sae a plan for disposal of these materials. NCR 00255 W NCR UP /RA 00399 Newport Cyst Recovery, LLC December 8, 2008 Page 7 The application for Use Permit 2008.033 is incomplete at this fte, -and for this reason, staff is unable to prepare an analysis of the pr*d proposal. The. Items renhaktng to be submitted are Standard submittal requirements of a use permit applicatiom The project i background and status of the application are presented to the Headng Officer in the I .event the Hear ft Officer determines that action on the application is appropriate at Oft time. I �,.. •: • : ll Ic , , : , r • Y•. • r 1, i ,.l 1 e , n..I:u •. • I'.• i. Y: • • r :.re, I e. el r.l • • t • - 77 = irMsMij I • •V •., LI 1• •` 1 o-Y• i ''4 1 i f' N o. 1 � �l I i 2 That to Proposed location of the use it and the which h vrouhi be P� Pr<rpoaed,00nditOns under operated or mtdnt lned will be consistent wit► the Genera Plan and the purpose of the district in which the site is located, will not be debimenml i to the Public healft safety, peace, morals, comfort, :or welfare of persahs r SIft, .Or working in Or &*bM to the neii#borhao of such use: and will not be.dehtmenml to the properties. or Improvements in the vtcirdty-or to the general rveMare of the city. 3. Thatihe Proposed we will comply with the prisons of this code, hhcl wit any specificoonditfon required kw the proposed use fn the district in which It would be located. 4. The u$e conforms to all applicable provisions of Section 20.91A.050. These development and operatonai.standards are summarbod as follows: a. No secondhand sr idw can be detectable outride do property. b. Operations must comply with state and local law. the sutxrhtted management plan, in lu ft any modifications required by this Use PGm`d . C. A contact name and number be provided. d. No services mquhv a Rearm can be provided if the facility hoes not have a license for those serviCas. e. There shah be no more than.2 persons per bedroom phis one additional resident, unless a greater wagwrwy is rested and granted. OCCUpancy must also comply with State lWnsfng if appkabie. NCR 00258 NCR UP /RA 00400 Newport Coast Recovery , LLC December 8, 2008 Page a f. If oektifiCetion from an entity other than ADP's licensing program Is available, applicants must get that certification. g. AN individuals and won involved in the faciiilys operation and ownership must be disclosed. h. No owner or manager shag have any demonstrated patter of operating similar feeWas In vialsom of the law. 5. The project Includes sufficient on-sits pakdng for' the use, and traffic and tmAeportation i r4mis trove been.rnidgatedio a level of Insignificance. 8. :'the property, and existing structures. are physically sated to accommodate the nice. 7. The use wig be oornpatttie with the character of the mmounding neighbortwod, and the addition or continued maintenance of the use will not contribute to changing the residential character. of the neighWrhood, such ascreating an overconcentration of residential care uses in the vicinity of the proposed use. in miring this finding or sustaining such 'a fining, the Hearing Officer shall consider, as appropriate, the following factors: a The proldmtiy of the use location to schools, pariks,.other residential care faG11111e9. outlets for alcoholic beverages and any other uses which could be affected by or affect the operation of the subject use: b. Tile eWstence. of substandard plWalcal characteristics of the am In Mitch the use Is located such as. of widths, setbacks, narrow streets, limited available parking, short beodca, and other substandard characteristics which are .. pervasive In certain areas of the Ctiy : of Newport Beach, Including portions of West Newport, t klo Isle:. Baboa Penk>suie, Balboa Island, Carona del Mar and Newport Heighris, which portions were depicted on a map referred to as. the Nonstandard Susan Area presented to fie 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 024 It would be appropriate to apply the American Planning Association surd of penvdit one or two such uses per block. Median bock lengths In different men of Newport Beach wridely range from 300 feet In the Nonstandard Subdivision Areas to as much as 1,422 feat In starkdard subdivision areas. The average calculable block length In much of the tankard subdivision areas is 711 last and the calouiahle median block length is 817 feet The Hearing Officer shah apply the American Planning NCR 00257 t NCR UP /RA 00401 Newport Coast Reoo rY LLC December 8, 2008 Page 9 Association standard in all areas of Newport Beach In a manner DO e*rkmates the differences fn block lengths. to waft tls determination, the hearing officer shad be guided by average or median block l *ft In standard subdiftlons of the City. The Hearing Officer shall retain dre disomdon to apply any degree of separatlon of uses, which he or she deems appropriate In any given case. A copy of the American Pisr rft Association standard wan foe with the Director of Planning. e. The operation d buses and vans to transpbrt residents to and from olkb acdnrdies does not generate vehicular traffic Willy greater than that normally generated by residerulal acdWdes in the surramdkmg area 9. Arrangemeftts for. delivery of goods are made within the hors that are compattrle .wish -and will not adversely affect the peace and quiet of neighboring properties. 10. Ananpements for comrcrervial trash collection 4n excess of usual residential mouton are made within hours that are compatible with and will not adversely affect the peace and quiet*( neighboring pro wVn. As slated ea dler in this report, use of the pnW site as a residential care facility may be subject,to>abatemerd by Febnmary 20, -2009. Pursuant to Seodon'20.V -090 of the NWC, abatement .proceedings for. non- conformim;;� residential cm `'facilities may comnrer ce, ucdess t owner or oocupen► of the tesider" oars faci ft has dmwy applied for a use permit or reasonable accom irrodaton pursuant to the provWm s of Ordbnarm 2008-08 (Chapter 20:91A or Chapter 20.98 of the NBbMC)'and is dMpndy phasuing that admiftistrative . processes determined by the Piaurlimg Director. Staff recommends that the Heaft OfBoer continue the public hoe" on Use Permit No. 2008-083 to a data certain and direct the applicant to submit all mmafrdng required application materials to the qty of Newport Beach Planning Dgmb t no later than 21 days prior to the scheduled public hewft. This should provide rite applicant suffident true to seas the remmalrlmng submittal items and submit them to lire City. . Altamatives The Hearing Officer may talcs arms of the kDowing altsmative actions.on the applicaflOm 1. Conditionally approve Use. Permit 20M.033 pursuant to m alft the dn&W stated fetthfe report, or 2. Decry Use Permit 2008 -033 based on the information provided to date. NCR 00258 g NCR UP /RA 00402 Newport Coast Recovery, LLC Decanter 8, 2008 Page 10 The City Manager's Ofrrce has received correspondence (Exhibit 7) from a resident expressing concern regarding residential care facilities in his neighborhood. SpecHic Issues raised are density. proWn ty of the residential care facility to Newport Elementary School, parldng. and second -hand smoke. This acdI ty has been dstermhed.to be categorically exempt under the mWirements of the Cef nVe Bwm merntal. Quell Act (CEQA) under Class 1 (E&ft Facilities). This class of Projects has been detemined rot to have a significerrt effect on the environment and that C W frorn go PrMmlo trs of CEQk This acth* Is also covered by the general VOWS oMy to projecis. that have the potential for causing a significarit effect on the erMromnent (Section 1M(b)(3) of the CEQA Quidefirm). R ten be seen with certainly that tirere.Is no Possfiil ty that this activity will have a significant effect on the environment and it is not subject to CEQA. &rbi� Notks . Notice of this hearing was published in the Daily Pilot, malted to properly owners and occupants within 300 feet of the property and posted at the site a minimum of 10 days to advance of this hearing consistent with the Municipal Code. Addfflw y, the Item appeared upon the agenda for this meeting, which was posted at City Hal and on the city website. Prepared by Submitted by: EXHIRM • a, 1 Project application 2. June 16, 2008 Notice of incomplete Application 3. August 4, 2008 Leger to Applicant 4. October 23, 2008 emal correspondence 5. Materials submitted November 25, 2006 6. Correspondence from the Newport Beach Fire Marshal 7. Reskfent Correspondence NCR 00259 /P Exhibit No. 9 Project Application NCR 00260 0 IN" i119l CLTIDL 11L ! PAMM104 for UP2fls8-033 1220 WEST BAL80ABOULEVARO Newport coast Reoaysry LLC ,. K LAW OrFICCS 01 KELLY S. JOHNSON ATTONNCY AT LAW Iwo Nzg w OCHWR "IVC soar loo NCWPQAT erAGN. aukuro ANIA 92000 Ta.9"Que tONt 720- a CHAOS 1NrNgOOol.00wl May 20, 2008 RECEIVF % MAY 2 0 01eee ollq$ city# m"M David Kiff Assistant City Manager City of Newport Beach Nee Newport Beach City Hall Blvd. Newport Beach, CA 92663 By Hand - Delivery Re: Conditional Uas Permit 1lcation_ 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 are resolved in the case of Sober Living by the 45468, et aI. v. City of Newport Beach, CA Case No. S:08 -CV- 00200- JVS4NB and Pacific Shores Properties, LW, et al. v. City of Newport Beach, Case No. 8:08 -CV- 00457- A6 -PLB, 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, LAp off" 3 Y 3 S. JOHNSON Lb SON KSJ :tp Enclosure Cc. Newport Coast Recovery, LLC NCR 00261 1� NCR UP /RA 00405 PA2008 -104 fbr UP2008 -033 1220 WEST BALBoA Bou1.EVARD Newport Coast Recovery LLC Cdr of N Beath GROUP Ib*MAL USES — USE PERMIT APPLICATION STANDARD GROUP RESIDENTIAL USE PERMIT APPIACATION (FOrm 100 — Revised Match 2008) 1. STEP 1: Complst* fNl alt Form 160 (aftchad). STEP 2: FIR out the folowmg: TYPE OF ORGMrZATIp1k X For From Q Henprodi 0 Omw, plmse expla6r pmx% TYOYM11mtuP: Q Own Q Rent X Lease ❑ O, uw (spamfy) IS THE OPERATORMANAoM ALSO THE LESSEE OF THIS PROPtaT M XYes 0 N ❑ N no, Abase moor : M THE APPLICANT OR PROGRAM OPERATOR PART OF A PARTNERSHIP, CORPORATION. FOR OR A8SOMATION7 XYes Cl No If Y05i 018980 AMA and Sbch eMw Form 2000 (12000, apploanb mast M act Fpm 206D) or Form 290P. wMdraverk epp6psbb. (E- mmraaR mj 8 [y :iRl �l :L�rIrL f4 NCR 00262 .r .. A •S8i8I.AR 118£8 A..Your mrs'a cwnm Wes. po ywor your will (orarry aft cr persai aflBaMd with you al's fkm) Mffe* operate, menage, or own odw group mddenU uses in Newport Beach? ❑Yas XNO Myes, oft address(es) of fecAM[ss) (*Nwb more pages 8necass"y k'lE: Type of use 12�:.� � 11Nlm�gd•3o6er Llwjpg" 7 , 8b Address Too Of Use Bad Capadty .fib Address Type of use god Bps Address Type of use Bed Cape* SAO Address Typoduse gad Cep r She Address Type of Use god Cop * Sit&Ad*M Type IJOe ow caps* Slfe Addmu Type of Use Bed Cepadly Site Address Type of use Bed t;WG* SM Addro is TWO of use Sed Copaalltr MAddren Type or use tedcomm r 8ftAd* m Type of use godCapecft SN Address NO of Use Bed CVs* Sth Address Type of Use Bed Caps ft SIR Adifress Type of use Sed Cap * Sfie Ad*ns Type of Use gad Caps* 10 NCR 00263 /S' [y :ill �l :L�rIrL aril • . . • a OOref BhnOar Uses. whol proposed use hero In Newport I 3f Address Type of Use Bed Capsdty SID Address Type of Use Bed Capeck She Addles Type of use Bed Capacibr SleAddtese Two 6f use Bed Capp*, Sft Address Type of Use Bed CapacKy Sb Address Type cf use Bed Caps* Site Address Type of Use Sad Cap** She Address Type of Use Bed Cape* SRO Address TypectUse Bed Cape* 86 Address Type of Ike Bed Capeogr SIO.Addreft Type at Use Bed Caps* C. EvM9aa of Nasd for dds Gjd*M of Uw. Per NBW PO.OTA030 (fil ~sloth EvMmw o[Cwnw arrd Need M mWft is of Newport Beady forlds caadgr based on p Mahad =NOW 4. XYes Q No UM show Ore sft addm*os) of each faeiq Al") and show whettrer the fadIVI e) have aver been Invlolagorr of FedwA State or WA low (Mch additW pages it rtsoesswA 1234 RAWn Abner. $,arch omt a ADMbonsed FadaM A 41 NCR 00264 b NCR UP /RA 00408 s '%W Address. �� City Type Of use sw vapedy Has ihW bO nJ Or VOW OPWRftw 8t ft . 4%w b06n In Yk1 M Of MilbB OI kX* IfiY/{ ❑Yee XNo if Yes, plem explain Feclty#1 119 WART sMA Newoert TnuTIBRIO sl Cue 4 Sheet Address, qty Type Of Use Bed: Cepedly. . . "Nee l his ?aciNly or your aperadms at Oft fw*. sm bean in vfoWm of StM or boat bw? Q Yes ❑ NO ItYes, please explain; FGCMy 82 . Cky 'type of use Bed Capacity . f :lhia fw* or your opwswns at tris bo", ever bm in vidaft of SIB or bcal law? Q Yes ci No Byes please w plans: Faollly*3 StreetAddMa.Oy Type of Use Bed.Csps* No ta WororfiropetaacmatfNsfae t. ever been Inviof mof $weorbmdlow? E3 yes ❑NO If Yes, please eupl*; Sbest Address. Ct Type OF U" Bed CgMW l#sa 9de f"OV Or Mawr Oparefkheat M file tM, ever been in vMadm of SUM or local feWt E3 Yes [I No 12 NCR 00265 7 [a] :411 :11 [lie: • . IIf Yet. pleaesoft & Prmw a Locator► MV the kaft d Bs prepoead use pks aB kw m oordWarai usU a Bsee- bloric radkrs..hrdUdsthe properly addresses of d>e propose0 use and knoam oardidanai uses Please oasult Bre t�aoh �) far nearbtr oorrdNional uses ProNda a Slk 'Pbn eat shows Brs fecBtys 4WIdtrB footpinf smd pop" does. bxkge cropedy Ikrss end bum" footp" an k ly adl =d paroelk... ft UM (Le. sHpra Av* uses vap omenda►rrse, orou" on a�aCent paroets. � 1 a Ptaase dUaW Bra n8b" of Bs chase or use naMii. to Muft agenq, b reference e meaber (d Vol .Mble). and argr adx=mwd acdora by aw aomq Bs chose or we pamvl: WavgmmWQwdn Ajw B Has Bre appdaart everirowrdadtr'starerd( had ■ dental a revoadbn of a tee tkraae fa Akro W andand DM R�rogmin (A Vw Ca ar a t of deensed by thr C Iamia Dagm Lkrx d Depmhnad or SxMt 9ervkae -Comm* Care ❑ Yes x No Byes, db data daenarwa surrerdw4A damkd, suapended, orrevokad: Reason for mvaadon, wrrarrder, dadrd, or em wain C. Has ds appdrxi�t ever vdorrbrlly arslendelart had a deNal, aspersion. or revacagai of a flee Pannitor akndar PCB dar a 9ror+p+e:td� use kr.Bds acmnaadgror arroBreroonmwrdlyl ❑ Yes x Ho 13 _ .. NCR UPtRA 00410 NCR 00266 / g If Yft the dale use Pernik (or t was starendwW. denied, suspended, or rewksd: Reason for revooakon, Mirmider, dental, or vxpemisrm: D. Has the apptcent eviler vokftrky wxendored, had a denWi sugwWon or rovooagon of a oerttiicsdon by any p kk or private wency cow than ADP or qte Cs4fomia Depatbnerd of Socki SWVb*•Commtadtir Caro f• h9 for a 9F+P reshlendat use in 9rb commmlky or another community? O'Yes X NO U yes, tltedats Use Penrdl(Or slmtar) was WmWderedt denied, saspendad, or revoked: Reason for mvocal M amwWer, derdK or wapenabn: Per NSNIC 629.91A03if(14D). PWse PmMe ale fotloL%*V information about OnO p(opond bCft.(aMadm addR10 4 sitetb V neaaMM. The componems of tt Sso5orr9 (arid a#w sec96na). compfln the OpB+allona Sod Afenagarnenf /rear and Rats of CondU dMrAvIoned by NEW §20.91ACWJk A TM OF MhO"0L ANWR OTHER DRUG RECOVERY OR'iREATIMEN '.S PROVIDED (for An factiftlesordy _ fte* an that applyy. EJ Non•Madical DeIcWk Lion x Qmup Sessions x one -an Ssaaiom x E&MMw al S®ssiow X Recovery of Treaiawld Piety" I (3 aher: B. NUMBERS AND TYPES OF FACILITY USERS # grAFF. TOTAL OCCUPANCY OF FACL TY (Ittb t Ow mmdrm m meter of bx WdUale wlb tive Of Vw ftft and WD sWw"d by Ore tiro Betty I q*dbor) Thbae indlWdtwkr include Do mull" mceft MOMMY. bV0ol t orde6aoftMbn aervkst, d t w of the residmtts. and staff. Slelf hldudse k►dilrldlreb wito welt the the Spptos b echo" for eNhef re0rWM or htadnd compmw lon (e.g., room and bMM. Toil ocM*ww F cwM t bs wMeded for shy ma . MAMUM REQUESTED ADULT REBIDENTCAPACfIYOF THE FACILITY (The nwnbwafsrddtreekteat 9mat reoNtro r000veg, bwbtmerttordeioAAflcatlort servlcss & erryone.t6As. whkdrrarstatbegreatsrtfiatm Ste ttatocarpanayattownabovey — - K4X WM WLVMW t AND AQE RANGE OF DEPENDE.NT CHILDREN WHO ARE SUPERVISED BY THEIR PARENT(S) Vl THE FACLItY. This tnckrdes tenp xW realdht9 Q.e.. m ernisK weekend Welt) of doped d td w (Shtoe there must always be M bast one adult being served, the maodmum mart w al depatderd dSta housed must beat teal one lass 9mo Ube boll ocarpemkr, deRwmbwd by fha its fnapeetor. as shown above): 14 NCR 00267 1 Jr 4 NCR UP /RA 00411 Are of dents who reside onto disabled pemons? _ Number d shaltwho w1M recce w"jhL Matdrmmt number of staff who w4 provide serviced dudrtg any ale week b dicks at the fact . P►O W the EAM MASS EM shown as Fan 400 to dit Appkodm . TOM number of empb" df pra ider. PMM chamoulm Ore take at tdaff services b the fading (La.. nubi and ft manage Oterapfafs, counselors. maWe, coolro. ate): Madman number of dlenm wrwwlM use the tacfron any ayeday M MMO elsewhem: M * nu mnumberof c6Wvlfo rswhoVAviaOrsfft*AVanyonewaefc MaWr wm number of others who vdn vfd the fadV duft any one week pteaae eta a B MIMG DIAGRAM#LOOR PLAN I idtlile a BtAldYtg 0legran+ Ow t av bUIM glal to be QoMPW ktcwang a aoor plea ofan morns bitended for IsalAert� use: lh tuda the FOAM shamdtte buitnnA sdlbadt% driveways, fanaaa: storage areas. pooh, tle A recnuadortel area ate OOW epaeft Ail ahetdtes anon show drrtsrtek= bet need na 4e to scale. MOIft.the numhacM.reaiderda per bedroom and the IoCOOM and ftnutnber4dfb8 beid ialMOFtta, Madodtr0't itkidtdion of badsfor [maards and Otter non embulidwy persorre-' ie euli tsg DMgMm a qAW wfat Otis appMOaOat Must be aoatrate as to exhi ft oortdillove in the btdWq and must be OahstatprhtwNh Ore bttaditg pkm careNh on Itle wOtt Ore Newport Beach Buk tg DepwWo*fw psm ftd consbudbrt. D. DU RATION OF TYPICAL CLIENT STAY IN FACILITY (In days): It you wish, please a whit E. M THE FACLffy ACCESSIKE TO INDIVIDUALS IN INHEELCHAMS OR OTHERMONAMOULATORY CONDfRx*m Q Yes ❑ No WM6 The Artrerkorrts wMh Diva bOiMas Act of 1000 MA) is a federal nk+atlon law Ior People wNh dsaDi w The My rominds d providers d Fesidert W reWv ty omamblikkim t agsinet Oe►sone wOh dlsabiltlse is pttAtbited: Pl ease Confect Newport Baedh's 9WaINO Depar6aarN (04t�84t' 5275)br apsdlkADA MWImmenW Otat Roy ap*lo yaw bdHy. F. ACM" INFORMATION Harems which fadtMy wM be In use: 15 NCR 00268 20 [e] 02417 ❑ O1W (P d9wdbe) f We there be a ourfasrl tf so, View note quiet hams: O t0 p.m. - 8 am. O 0tber (Please deso Mee) Betides bOAM td aWN", wlud types of cme4dated advises YA oca:r on -cite, and how marry raider to and naestdants (b*ml m staffW4 deed from other facw*m) we aften44 "a►• 4Pe ❑ PWyaW F inass (gM Y*4 dQ O ADP-Treatment (sae ) _ _ ❑ 0#wweQrms (massage, a -)_ O mm Pnpatal mmeive:y— 1300W. Provlde'ffie shown•mppM toOkAPPOOMon, 0. Dt.LIVOR WORYATM— whet types of dMarles wR oowrat the fs diky and hew often (per day or per week -dmle wiadww Is appiwhte }wih yiey oopu't ❑ t,aeu►dry Swims: klaa �waek ©Twsh dfapoeat or reeyalN:g: Adav er week O Y�x /davory i7 SuMmm produce: Mw orw$ 13CwmsM: wc%P (comerlharrUBPSx Adwdrwook QMadlletPwidwMedwWastePk*up klwQE>!�K (3 odsr; trs�r FL TRAWW4WTATMANDPARtQM- WIM dads MWQ once bo slowed to use Pelsa W vWdw and/or keep them outs a• newW Oyes O No If Yes, deeodbe where cb.rAl w7 Park pe wmd vMWw (gawps, carport o�ehedtocefton otl:ai -non- eteek be a eeft abaAw" weft) H NQ dosaibs other rtwdae of tranepormtbn that oMeds wM uas (bus, oprottrenatt, 6k.Yck. e>t�eO- Pkrase Wwkfo s Route YIP ACT* p &Md arw travel nadss that wMl be OW Y transport drama cW te, deetkraMone of lrevd �d apptoo0nate thiies ddepadun and rekun. 16 NCR 00269 21 NCR UP /RA 00413 • WO staff swAV the facAhy be allowed to dive personal vehicles to the site? (I Yet O No If Yak describe where staff VA park we" vdMu (garoge carport oepsired bcadm other— if onaheef, be wetsboar~*"%) NOTE The Cllr may sW auta ft srH*W parking br dents or staff depmWMg upon bas i 148d9d toe bol" skeet are. 4 MEDICAL AND 5M) MAXIM tSM 99.04:120 04WM and Sank Prchbtad iJlstarisle) prdAft the dt jmd of oarmtn m6*01100516 a bb+waeta khb 8ha Cty's rehrse'dsyeCem.' Syrhtpaa, need, uiitraysb arils. and otherwarda must ba dfaposed o(kh aocordsnce wMh the NBtaC mhd other appMcs6b bws. tyou aro hahahrtakh astiowthat Wastes can be disposed of in &a OWs dleposw system. contact the Citj/e Gensrel Services pepareaant at 949444 -3069. AWkoerdswta w0 be deposIng mtftdwasis or other tibANO roud proNds a ffmwsat Plan formed w Md eb yyasb a w*ing how mW %AM #Me w are dlepoeed of (mV�d by NS14C 92o.9iA0301j Pleass albch the Disposal Plea d applico . J.. RULE II OF CONDUCT -6000 NEGNBOR FM CMLW If you have them, phase Include any documents tat describe rutesot cdont conduct androt Goodsovi6or PdnW=tatyourfaC*fsstetsand 11 - will adherslu1f the ChyhomesaUsePerndffortdetacddy. the City of Newport Beady has developed GaocdAW0W for #Me uses (sae the Ciyswebsib whdw Grotto ReafderM Uses] Phwe 610b wlredher yar 09M vdwft* to coon* Mlb the CW'a GaodAbWQrAk04Wr XYes 0 No K, On= AVARABLECERTWICATpNS MW 120.91AORQ4 &9* that aped "she MW osrddcadoo (a singer vaNdadon), WW6 avaleble,. from a garornaastdal spsMY a 4uaifled noMP►odt argarahadon. This includes: • The Orange County WwWq Daperbn rs tlrerge Cou*Adud Alcohol oral Drug Saber Llvkq fadBhe Car ion Program (sae maiwimW for more kda rMw or coMad Certldcals aoordinntot LL Jeff Baaklk r!t 714 - 7794523 a a stargo Ores lg 714- 7Y3.4521 This cerific atim is mpired. • The Orange Cov* Sober thing Network (sea a oonlad Grew Mtltff nt 714 - 67544. Thhis oseddoedon b reoomraMrded You do not bongo son the OCSD comkedah to apply for o Use Pont Ndwe wggest drat you attaka the oerd OIN e1thIn a rho amount of dons &"1121 W0Mw) fodoakg yarn epplicedor► submmw, Shohdd s the Permt.be hwW, N.rnq bckMe a cor4*n last oueWicadorabeobte6aed wtdaira a sbdad gma perlod. Nyou have MMkW this mdkodon path tp appykg for the the Pemait very here that you have allatned 06 certldca ft and attach the vedfyhq document from the cerdykg srhthy: 17 NCR 00270 2 Z NCR UP /RA 00414 I _ 17 Orrhge Canty Adult Akobol and Onrg sober Lang FarMes CmUlcdka ( ❑ Orange coin sober L my wawk (moon Q Omer (please describe) L- SECMD)MD SMY?KE UNTATIONS NSNC 620.91A OSO A directs ow -M staff, wets+ guasb, or aigr amen uses d me foft may.smoths in an W" front which meseoordhend smoke may be deblaWan any parcel Other man me pwW Won which tthe %ft 16 bellied, C twit and stir hero to admowWge mle req*=eM and your use's adherence b k X 1 S*nowbdge that I We 00*d seendherd WOW On my fscOy such 2M rib secondhand smolas rally be Qehabd an arty POMM Omer pharh go parcel upon which my fae*,M located. Signadae: Dale: A The "o"W of reMW dine proparly Or ardthorked agent meat sign ink AppicaNah. Slwdag Om appika9on under Sedlon 10 means mat the applicant Oerdfas, under penally of perpay, th tins infomiatlan Provided wilhin Ore Appikstiaa and its oachroenb is true and WnWL Per NgMC $20.99.030.C, Cape statanents are grounds for denial Or revocasa, B. TM Appsoart &*RMWSM that he or she "Ma CM* with a1 OOuhr Fedent Mme, OW local bibs and neplatim rsletlitg.ts ink uae. The.Applk W uldarst&ds and a vkfapon d Fedeni. Slob. end beal burs CIS 9 L for ma Don Of Che ftmA The Applicant understands and mat It , ProAb hhmbnW (as de(lead) In an unlbensed Wft. C. trine cny IMM a Use Pemat based on me kftmnfionphovkled lo mb App6offibn, go Appkonre aig alt" end a oertirtes hie or Thar agroeOhaM b r�hnpy warn the ternhs ohms Lee Pemhit Thenppsamt PPeenoit d4� tlhst non carry rh0e wim the terms Of MG Use Pemdt Is grounds far raYocedon of ft Rstroaapon of the Uea PsnaB. NOMO 120.99.040,E provides plat the City can revoke a Use paenh it • ills parrNtwaa bsued under erroneous taforhrhatlorh or m�rapreeor0 a • The app9card made a lalee or MMMOhg alaEenraM Of matelot fad, or omYMd a ma0arial fast or • The card&m d uss Or amer ragub9ana or laws have been vkastK or • Then has been a discOn9rruanae of use for 180 days or more. r ��r THE UtQERS MED ASSURES THAT THE INFORMATION PROVIDED ON tips APPLICATION IS TRUE AND COgRECTAND THAT THE APPLICANT HU READ AND UNDERSTOOD HIS OR NER COLIGAT10NS UNDtrdc ANY USE PERMIT MOUED BASED ON THIS APPLICATION. A. I #0 apptkaM is a sale preprishif, me OPWkRdon shall be Signed by me proprietor. O. bibs eppkaM Is a parbnershiR the aP kwon shat be signed by each Dealer. C. if the "NSW b a fimh. lissoc"M OOIMM n. = *. ft puble gpwtq or aum gwmmmenid enft. dis Oppoaft sharp be eigrhed by me ~ ONO AVO officer or me kWMdW bg* responsible for ropresanitng the agency. 1s NCR 00271 Z3 i a 0. Mw Maaftrd(s) 8iflmla OW No fable clpnfakW k 16 gvkmRan and K ppmfkip Wcmonb we ko and I (&vft0) aw) (Dds) 'ftriwkic) (TRIG) (Dab) 19 NCR 00272 2 y NCR UP /RA 00416 i Exhibit No. 2 Notke of Incomplete Applicafi6n Dated June 16,2008, NCR UP /RA 00417 NCR 00273 Z5 AM 1% 2008 MY OF NL°VWKKr BEACH PtAINM GEPARMOW aeeomoroffeCULEMW NEWPORTWACK CG111M fad e++ama PAx trey era -rise Ms. K* & ldrrao . 180 NWAPod Carder D ft Suie 100 Haamm Beach. CA 1[2880 DearML J*hM e &B at NOTICE OF INCOMPLETE APKACAIM UM PAR* N0.2008-003 Properly IDoaled ad 1216 Wait Balboa Bjotaeva 4 NwjW Bom* CA ( W*MCamRecomr,UP ThIS MW serves as nolicom Brat Bta Plsurirp Dwwbm t Is in maw of Your appiOSHort auhn Ual gip d10 p opow d V" Pea for property kroeted at the abors IVA N no address. Uporr mbpr of yow autanfsd applopelm . doaerunb grid tbdybls BM etlploe8on has then deemed iaoropleb, Plseid proalds thefaiosbra 1. A abnsd alhdeNifrbm.In paps o owner authod" the aubroi it of ft sepia a fare Q"4 Re9tdrartlelillYs F%in 2 A 1is1p fee of i$200 00 as a deposit apei+et wlich stsK brrs apex! prooesNnp ft um Permit appieaeon wM be [Ned of m hourly roes of 513m per hour. 3. A sit plan Md dons* fft% bul ft faolprat arrd praparty.lng% PWWIY Ines and �0 0oolp6 ft an the Pa vole turrudately adjso 1 1 to ttM sufrjsr:t paps 4 Grp nataa 05101110 audgfnp Mean adtaoerrt pw=IL 4. A mW of a Prelmi10 y lib Report or P+eP10Nr poft that is low than 00 data dd drat MUSSa IM boN deeaipeon of vo property. & APDrmd fn daanrroe fmm dw Newport Beach fie Msdral. 8. A route map bdbe8rrp"trerr '- and trawl routs Brat vA be used fo barupor, no' I oflL o 811081 AVdadbu motbaMMandapplordnpbaYmesafdepeArasandraMr <n T. Aca W Gf your Sells Ocerus or p10dM iomm q* f IF Yatr ly �aa a sw 8 A btu dbpum and >tocr plan of ai roaru inwrded for redde m we WNW" on number of mddwft Per bsdnoo,, add the bcdon and -the number of beds for all miftft kWuft the boa03 of bade for' I I and abut nanmmbth" pir- mr cM* toNSWgingn 20 CQ M MINI mud axra* 1 ' vM -, Ill p Boor pbnsan fib vft the CNy ai Newport Beads Buitrrq tkparbrrsnt. NCR 00274 9. �Cky of Newport Beach appioaiar Fenn 150 (for or diaetar 27 NCR UP /RA 00418 NoUm of M nlpkta Apokoon Lbe Pemit Na 2008-033 PSP2 10.: 20ed Na q*&Wm Farms an 2000 or 200P d a applable Ferm 11. A rook map ankmq bam8 and travel ML" that will be uead IS tranepod clank o& afie. *Wft ded insdoga of travel and q*mWmad knee ofdgwWm and rowan. 12- H dtWOM of qWW iodb Wo waft a pion for Imp, m of lbase nuw* Is 13. City ap kdm Faam 400 (taciq►atw%V pW. 14. CRY appRa Wm Fema M (weeldyS*Ades achedaisj. 16. A woos ad ow t theft is ypur ardyfk*. or S you apatak mare than as taw, a d dt eviderm of the need by 10*6 lad of Newport Beads for the "x w* of the ap*d Wilily. based on pMbhed aaroag, per the M** me * of NBMC Sedm 2041.A M In addiSan 10 the abarw the appticatlon must also trrolude aaM d of a basScat map shaiakap ld condkm uses VAM a three bbda take of the vAjed propoV.ba order to be dnenaed mnplad. CRY Mat M ptOpera 1Ns bcadm map for yaw appioeamt using the CWS (us ddabm and other htmm0on. 99� he" aro q�bais or need aMblarI , pbaee do net Webb to oarOM M at (SM 43X CoattteaPtenter BY7 oa KaCNB Ragh. t UC, Property Owner J. ftpdw CooOftrceinead OWbion MWWOW FIhWd PLNWMMdfPA'aWAs - PA2008.1041PXW,003, inaompbts doo NCR 00275 NCR UP /RA 00419 Exhibit No. 3 Letter to Applicant Dated August 4, 2008 NCR 00276 Zq NCR UP /RA 00420 PLANNING DEPARTMENT ft trvard. &Mno c. MWW &OA cn OWN x (OM U4420o FarC teas) e444= w0xft August 4, 2t>Ot! Me. K* S. J&mm 180 Newport Center Drive. Sufie 100 NewpoR Beads. CA 92880 OearMs. Johnaom. Subject Property bcaieui at 1216 Wit BOW Blvd. Use Penrat No. 2008-033 .On. JAM 18, 2008, ihe..City of Newport Beach sent you notiflcattvn of recelpt of an ,aPPftd9nJOr a Grope Residential Use Perni9. for .the above referenced property. The letter advised that the applktion has been reviewed end is Inccrnplab because various it= required per Section 20.91A.030 of the Newport Beach Munidpai Code (NitMC) was not Included.. Specifically. your.appticatlon did not certain the following: . • A signed affidavit fFOW111e .property owner autlwrizirng the m&nital of the application for a Group Residantlai Use. permit. ' A!long tee of $2.200.00 as a dgmL • A are plan that atwvrs the facility's building footprint and property lines. property rISS and b kit foo#Ants on the parcels fly adjacent to the subject Property. kwk dn9 mates of the e>deting uses on tine adjacent parcels. • A copy of a Prallydnary 7ft Report or property profile that is bas than eo days off that verWas the legal owner or die property. • Approved fire dearanse from the Newport Beach Fire Marshal • A mo rnap showing tha ftsaii and travel routes used by the fad* to transport dbuts off -sits sho ft probable dedinaflons of travel rind approx mW& 9mes of departure and return. NCR 00277 �J NCR UP /RA 00421 1216 West SON Blvd. Use Permit Na 2008.033 Pop 2 • A building diagram and floor plan of al morns intended for .Meldenis' use Iderdlying the number of residents per bedroom and the location and the rxrrnber of beds fh all residenta. • - A completed Application Form 150 (admtnlsbator or director hformafion). • Completed Application Fortes 2000 or 20W, and as applicable. Form 200D (Corporate identity). • If the facility disposes of medical and/or blo waste, is plan for disposal of thane materials. If the farms does not dispose of medical "or blo waale, please` provide a statement to Met elfeat A completed Appiloatbn Form 400 (faciltiy SWIM plan). A completed Appilcation Form 500 (weft activities schedule). • A.wd ten statement that this is your only f dlky. If you operate more than one facility. Please:.submfl eviideaoe ;of the .need by Midente of Newport-Beach ter the cpaaty of the subjsct.fa. A copy Of ft June 16,2M. letter k attached for your reference. Ith0a been.more than a month . slace that correspondence; and-as Of this date, we have not received the items required to deem. your aWcatfon complete. We ure`uuable to process your use permit applca8on and schedule a public hearing until we receive these Items. In the meantime, we are in the process of ccrnpleting the location map of other similar uses. which will be sent to you for your Information and placed In your use. permit appin foe. Please be advised that. tailnne to obtain a use permit for the group residential we of the above referenced property shall render the use of property nonoonf arming. Nonoordora ft uses of property are subject to abatement, per Section 20.62.090 of the Newport Beach Municipal Cote. such abatement must occur @.a. the use must cease) by the sorrier of: February 20, 2009; or The date at which your lease expires to use the properly. Its le ordy applicable If the lease was entered into prior to December 7, 2007 (Section 20.62.090.A.2ALR Once the application is deemed complete, we will schedule a public headng: before a Hearing Officer. The Hearing Officer Is designated to approve. conditionally approve or dlsappr*ve+ appilt:atim for a group residential use permit. The Hearing Ofiker's decision may be appealed to the City Council. The City Council can sustain, reverse, or modify the Hearing Oftees decision. NCR 00278 0 [y :ial �l :LirIrL y�% room. of moomcw. /�care�n u.sPeed�ud.saaaaoa PS&2 an raw �u� '�owbn Fay. �ooc ar 200P rd as,g6u�ib It A ad6" MUM atwbmw ftli aw�raw d*duoads.dV"wd. rw1, .dagru..dd1�Idn . 12 r'@albota+e�lalydrortibwnN apronkrA�po�daeeesaolehkt� fA �b OPPkOMOnFOnodtlO(OaMyAd6��PW. fl ClVOPObWI011PC1MMOb 10dp400*vAA j. -16� AwSm0101m1�1ttlri000Yy0�6nbrLd�4ariYautpaaMOWOmaeubdir. U*Mew=mvwAmu*byie'I dift"Ww lBNOhktMmPOCV/dbM01M *^.bend onp6kPedwwoft Pvto MwAv wbarNo C00dOB WA1A090t %im A Oddfionip Oe IMAM a tee t` I * qPk dle mdwe,u awurar� loC09P11#Mp dbM00 dl 0010901tM Ck W V a tns dOGic'I&** a er SAW pr 10 li M OnW M b did w+tl da0riik1lpyoAP' I 000 foaOI 'Mo IOr VW � b a" &B �+� per aue.ea■ «.�a..�o,. s1.,,e. a �a l�..rr. a alas ea a►� aa- . By- cwe:aP40.m Cc CIO KPPW1at.co&a i amsdgddm . - aAwoa.lonSPauoe.aaA h„,�,q,1,A„ NCR 00279 33. Exhibit No, 4 E Mai! comaspondence Dated October 23, 2008 NCR OOM 35 i ►�y :in��:L��I�Lyz! Pa8e1 of 1 Flan: Debbytbws „ey 90tit Thuaaft.0*1 i 29,200910a28A10 ra KayJdwmon C iswomm SWInt coed ftom" CUP Doer", ,tia�+lap Ihrtl�e�IF�Pn.auroonwan� ion, l undam�andl�atynn aesr�YwMh pcw�roBeAtiowm+a• natomseis>p rse +m>m needed tar �,wabm�it epFl �a+M�U►e a�af bare beabd sat t218 we eatooa eowieYwna. end rhea 0clo6wvft 9re w li I roquYbl emir ift tabs Bob~ by 6te 6St meek otDooembw. Plmase let me lwrow ltymnmdwys cw W yar eRa(s b mnpl* the WP "pkWon. Dd* ' Debby Ginn Linn Associates 826 Mohm Avenue Long Beach, CA 90804 Phone (%2) M94" Fox (562)433.7190 NCR 00281 3� NCR UP /RA 010425 1 , Exhibit No. 5 Application Materials Submitted November 25, 2008 H NCR UP /RA 00426 NCR 00282 �Q Brown, Janet Fww. gee JaneA Sort Tuesday,. November 26.2006 6.21 PM subject NwVMCoaalRwOvwy AnachmaMs. 2008112616220940 FN Debby. Attached are the items submitted today by Shannon Armand, Executive Assistant, for Newport Coast Recovery. Each ftem Is numbered to correspond with the tems fisted in the June 16 letter of incomplaWness; M takwfth you in to morft re8ardin9 yaw report. JerW JohnsonBmwn Associate Planner CKYofMspportBeach (949) 644.3236 6 v N(G��N_�ervnott -basdt s� us i NCR 00283 y► NCR UP /RA 00427 1 w n c g 3 v Y� NCR OQ284 z NCR UP /RA 00428 will p N z .y v Y� NCR OQ284 z NCR UP /RA 00428 � � ��r�e�a�cnoi�- r�cwrESr - °'T: Ak.�'�ir/d 11�¢✓� --4911 owwom 64" smw AM s OVACWOOAK ADOOM ... CWAW J 4-mac T. Comm i NCR UP /RA 00429 Directions to 4019 Westerly Pl, Ste 100, Newport Beach, CA 92660-2316 Directions to 4019 Westerly PI, Ste 100, Newport INLY40M Lodi. Beach, CA 92660-2316 When uSkV any driving dtreWotn or map. R's a good Idoa to do a MMIRY dm* and make sue die road stal assts. wage dui for consducUM, and Mow al tmffic sm%tY WwWaioas. TMs to a* to be used as an std In *RnN y. Page 1 of l MCUMBY CffOFMMWO NCR 00286 yy NCR UP /RA 00430 Directions to 901 Dover Dr, Ste 204, Newport $each, CA 926646516 01rectiotre to 901 Dover Dr, Ste 204, Newport "IM130" LOCAL Beach, CA 82650-5818 Tomlin*: 11n**,TdNOlaWrea 4.13'sgn _ f A .� START P 31 MWe"dCond Rtawryr (M723- 141aNf Btlboa tlNd, NewpoK ea,dy i CA UM -tool j RN1SH P lot Down Dr, Sta 2K Newpol ...& ofteork-224. Pegs l of l MM MR4 uslap anY drMig diretdanr or map, Ks a good ides to do a reaft do and nuke sure the road All WSW, watch art for hmstrucb^ and blow a9 baffle safacp precautkms. This k a* to be used as an aid in plamin� WN 25 2W CIiYOFNEM E0 ys NCR 00287 NCR UP /RA 00431 Dbwtiome to 414 S2nd St, Newport HewJ4;CA 98663 -3801 01recdona to 414 32nd Wo Newpott;8each, CA ,SDL*ZOCX LOCAL 92663 -3891 NCR UP /RA 00432 Page 1.0f J RECEM BAY wKgFME .T MW 255 NCR 90288 94 May 13 08 DB:1Qa State of Ca/lfamia Depar# wnt of Alcohol and Drug Programs Ucense and CertmCatlon P.1 In acaardWw V4M Opp P umbna of the HeaNl and Setay Code of Caff mia and Me n*A mgtrte� and afandam% fhe pepabmtofA faaW and Dne8pro9mmhasrabylimi mandcad NEWPORT COAST RECOVERY, L.P. to averab and mablian an adult residanM abdW and/or drug ebuW • mwvwy orfiiahnent "W using the iftwtngneme andtooa ta: MMWORr COAST RECOVERY, L.P. 121f. *EST MLWA BOULEVARD MA%0IiRtB&ACM, 6UFORWA 926ft . 771h< rrse Wdowmarm extends to the kbwkg servkse: Rf SIDEN17AL AXCOMX AMDKDR aTHER D)wG SERVICES, fNDIWDUAL SESSIONS, • RECOVERY OR TiMTHENT PLAAW4W, GROOUPSES&oNS: AND EDUCATIONAL SESSIONS Lb*90*xOr00' dl7ll m era FaedasMaw T►eafmarMbom wy CapaW. 29 TOW10600pancy Ihrtocaffm is Fn*ed to: 29 (Chmp In rargat PqwkAm ORL EffecbW OVOI nos �� t 30i9I50" j KW 25 MOM NMWBD, Xffec&d#Daw 021M99a fi)Q r:ltonnarx aIM/Mrfo f gsWkV BWVWW Prodded h Of fealty should be ditdad to 1O �� . �o G4+�D Wm Breach WOMM1 FAX-0103244M EC tia86a11d08r Post In a prwnrnem Iocsttorl. This Ltcerlas and Ce w"altin to not 6ans*abk NCR 00289 97 [y :ill �l :LitIIL Kk? nErsa.� s1r r"m .ad 04 8�n� NOV 251 MOM WM wt NCR UP /RA 00434 . NCR 00290 l� N " � EW ; AN W �a 21.0 Ito aa� AV zi.a aov .. ESOoeye�l � aw, . aao Re FLAW NOV 251 MOM WM wt NCR UP /RA 00434 . NCR 00290 l� Mo t F t i N � i k _ j f. j j J. � l Mo . BY . GIAHNNk4D�iiRiMEM MN 25 2 . t�1t:0� �wP�t18FJ�C1 NCR UP /RA 00436 NCR 00292 S0 i Bedroom `You Are Here Exit Bathroom Exit 41' O,, NCR UP /RA 00437 NCR 00293 II To Stairs You Are Here Exit * Exit I Bedroom . . _ . Bedroom R=IlID WASM MW 25M M OF WM WCH NCR UP/RA 00438 NCR 00294 sZ Xl- You Are Here: Mcamm =xit Nov �s Living Room WOFMM NCR 00295 S3 . Ant A NCR UP /RA 00439 Bedroom You Are here Exit Living Room �--- �, Apt. 5 NW 25M "CROF NBft No NCR UP /RA 00440 NCR 00296 S`y . AAR1A W fbY 25 CRYOFOWSO NCR 00297 S� NCR UP /RA 00441 I Bedroom L.athroom You Are Here Exit Kitchen Living Room. Apt.7 $5' NCR 00398 CIiYYOFI�g�}� sb NCR UP /RA 00442 CRY of Noupw somh eROVP RBSNMff. M USES - USE PERMT APPLICATION . ADMMOT iATWOkOANIZATION - PARTNER8 *M SOLE PROPREMP. AND OTHER ASSOCUITIONS Wbmi20O-f, y=M z. PuoNra wz NCR UP /RA 00444 NCR 00300 -Sg SECRETARY OF STATE I, Kevin Shelley, Secretary of State of the State'of California, hereby certify. That the attached transcript of t 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. INW17NESS WMMOF, I execute this certificate and affix the Great Seal of the State of California this day of DEC -a M Secretary Of State NCR UP /RA 00445 NCR 00301 5q �D NCR 00302 NCR UP /RA 00446 1 1 State of California .Secretary of State Kevin Shelley FILED ENDOR�B�EggD �- Yt>iM CtbdOtNdPole � CERTIFICATE OF LIMITED PARTNERSHIP NOY $ 4 2083 KEVIN SHRLEY A$TOMf ftsfeemud aeQroMry of Sat# 1MP0RTANT- o� e� 4hie tam 1. Neer Nm%edpamw.hiplendtdeaams�tiidkd . «pr atdaa.laYon'1.8:� Coeet L.p. 2. Sded d emd:, rp code 8. $eeM afAa r.lrre to4kopt " ewe Beach: CA aaas6 4. - pereralhp w®t pd«bJlay 9.aedb - e7Qet.rroe do date aertl6wla is roosaubd- Ti»or1➢ WNniadWOW$*aertl6adewasmmftdan wMerrecord« d ' enamv- FU orrea«deYaaeunber & Mom** a"for p &WgtrelcerupprapAds - AOwrt P4ZO . Wrkhts an buividud radfip Y+ .- prece.d b cam & 0otp «a6mmuhkh.haftdoesMomiapuWrR as Napan 1806. pYOCaedbiOMn T. & Plan wmainampldsancowis ammu crew so m isram3ce d.prodea: - Aditm 2727 Frendeao Ddw Ift CA 7. a.rrd d pmal perre aaaanW papa. ifasoaNeae , A Nfms: Cid m Pacft Sege, U.0 Addmm 2227 Frandsam Ddva Shfx iE Addrew & ftr �i parmes' tar oemimta d rselefrrram. meryar, dbepMraorr, L�rN1sta Orr & m lem lb b brcWdad in ftawdkdo maybe set an sepuats ettaclred paw and are mach a partd om. rmeaM ama rirwkasaw purpose dwemead the 6mtdpwmmtdpEa4• Venme 8*0pfta 10. 1 dedam artlamerperean afkoftmenr, h;.myad dead. h er Nom; SOWA"� Paw( p�cpMoadrlWedAuaradtsdPe+.aa Abet Ph2e Ndvemb. 20d3 :. Type«PdrmNmwaFAmUxRbadParacn oar - - ProsW«ddGmrarl Pmbw 5%paluadAu9mbedParmn pmwcrT01ed paraom Type or Pmt Nam. dAdtlbdmd Pm m Data + Ap_ --by �D NCR 00302 NCR UP /RA 00446 1 1 . � � � \ $ §. 2� Jam �p� a�. ■ ■ .� %I iw t } ZIL /a §£ k .. . REcwM■ FWWODEFWARAM- .._� �. ®� 0 © • . ■ .: \ RY. � - �� k \ \.� o2� �. • �� , � � o �■ { \��\ r� &IL I In a so r 0 D 0 . � 3� 4 � iL . 0� } o /] � � ' ] g g NCRUmRA Qkp R gam, 4! &t W. City of Newport Beach GROUP RESIDENTIAL USES — USE PERMIT APPLICATION WEEKLY ACTIVITIES SCHEDULE (Fa m SM- Fabru rY 200 WI MMY SCHEDULE OF SERVICES IMP wv%ugr� Tlme MWAGY Twaft Wedmeft rwrWq Frww sallffft Sunday b7 am. See Attatehe 74 am &e am ` 9•10 am. fait am 11 am. -12 . 12 -t pm 1-2 pm. 2-3 p m. 34 p.m. 15 P.m. 6 S P.m. S-7 P.M. TUTAL MUM PEK WEEK OF INOMDUALIGROUPIEDUCATION RECOVERY OR TREATMENT PLANNING, AND DETOXIFICATION SERVICES (IF PROVIDED): , Cow: City of Newport Brach NCR 00304 �Z GROUP RESIDENTIAL USES'— USE PERMIT APPLICATION NCR UP /RA 00448 i Y s �E V� lit m�Z SIgmaS id id u id d CR UP /RA 00449 Jam NCR 00305 �°� i u Ww4aWibw25,2WB RKVa By 25 wo COYOF*WWWO Newport Coast Recovery, LP. 1216 W 8a6ca Boulemrd, Newport gowh, California 92661 • 1.900.990,9691 N.CR 00306 NCR UP/RA 00450 Exhibit No. 6 Correspondence from the Newport . Beach Fire Marshal NCR 00307 Vg NCR UP/RA 00451 a NCR UP /RA 00452 NCR. 00308 WF NCR UP/RA 00453 I Ihme C 7008 Newport Caaat Reenvay U16 WwtBalboaBlvd Newport Beach, CA 92661 RBs Piro and We Sdbty Clearance Daa rMr. Swu3ey Earlier this yon, I out you a klta advising you of a toxin coda interpretation by the State Fire Matsiral and briefly a plained how do intoWdation mI& off= vow residential facilities with raw than 6 clients to one boafft. The hrtapretationdoes art caanidw wNedw the single budding bouses two or more dwdlmg own housing 6 at fewer ctierrts in each dwelling unit— indeed, tike a fire might, it cogs aslythe that that more than 6 clients rmide in one atradum At the conclusion of fie later, I asked you to provide me with a comprebansive code analysis for each of the facilities you own or manage by a qu&UfiW ardrited prior to my office's Wspocdw and anticipated issuance of "fire cloarmce tar Barnet renewal or Use Permit purposes. To date, I have notsoceived an analysis for your beffides. Please be advised that I will Deed to review ymtr code aaaty* and a plan for eonDaions, Ifneoessay, prior to 60 isouancc of the "Fire Clowswe "that is apdR ofywz Una Parma applcation and part of Your ADP applic26M Of you we seeking a new or extended ADP license} The salysis shohldMmineflte impact of the State Fire M usbal's intWastions and all newly adopted MIAlahm for group homes with awe than 6 dlebts in a bail ft The completed analysis should be auhmitted to my office at the Nowport Beach Fire Daunt as soon as possible, In orb to assist you and your architect with the sod analysis, we have posted a list of applicable Building and Fire Code provisions relative to the Coup R4 Occupancy Classification (Gmaehmeg homed orvwhoense4 providnrg urarmeat"Wor may% more I&M 6 elhow in a baildlag) an our web page NCR 00310 9ArarTY � 9CIN /Ca � PiQOrC6a1rONAWiM - - /yy NCR UP /RA 00454 The lift may not kKhWs every tuovision Vpficeele to your situation which is why we cmutmre.you to obmiathe adakaae of a qualirmdxd*gd. Plem Call tno if you have aiy9 4dx)w ttoiszontwor if Imay beef say fintbw 8$ddm m I look kvwatd to woofing with you in ourCmtpanin& ettbtt to pooca t the life Ilz �d�Otysf�tera�idapte ofoaroam,umdty. 3inatdy, �-. Steve 13mm Fim Ma dW NCR 00311 Z� NCR UP/RA 00455 S.N. - - ,' ' >.�___ - - .. '�� -• A. t _ _ _ i nGG iL - Y1 '�,.eA�'- ,i�3'= - e• .a'ri, i r. t•.rriP> rq f�r NCR-: 0 a T 4 '.may � j '4'e. Sr d'Y 1 jl .y �; • F' JR S.N. - - ,' ' >.�___ +�. .. '�� -• t _ _ _ NCR-: 0 a NCR UP /RA 00456 msµ: - vci �4 NCR UP /RA 00457 l- 4 s- 4" 4 ' a! i I. r ix<r4 � ...r kgr4 ,33.§ �� •.x e T •. ;pR t { �t1111'. Y Y ��°nA1�. k4 t. �� { � �4 �Y 1 I� $ x — $ i IT Ln msµ: - vci �4 NCR UP /RA 00457 I Exhibit No. 7 Resident Cofreespondence NCR UP /RA 00458 NCR 00344 �)J Dear Mr.10B, A4y new k Paull grez and I amwsiig to awes hots cfnq oenoma regerdtg ► residxttslhusr In my ruelghbori O0& I Own OW reWde at 1126 laW. Batas Blvd:. NaWpoulHeac - , CA tit . I Irene lived here for over 8 years, and my kw*c b Aeighbotrdod has became detlselyp*daMd with prou les0endall sober I ft homes. .Asa - matter of bet l am sarWrvidmd on both Was of my tow bytwo such uesWeraee at 1116 W. Babes Bhxl, auc 44� W. 80iloeBlvd. l.ivitgin suicb doss pribiidly..ltk #rstlrertat eWdanoe ihutmese type of bureira, trei arc viWbrs have auberasly udi�d ow Oft e� In reviav M The appicreton for 1132 W. Baboa Blvd' I rave that ere 4*%Mv*ormWM k"Ped u W"b sI s Md#Wra wB beano rretatva Mal Impact' wasted by W" V the requested parWl ilds uxaelueicru kribtesme to uio ea4' ad R obviou* the Ands ofson"O wh o has not Paved through the nti that we haws everienced over the lat fins years. Despite trying to deal with the uhmn attade of these bustoesess, and afar many os k oomph "to do abstuwlnapera of $Mkeps searhl9: noles, Uttering eta; very ittle haetKuenged. l am a homeowner on the *Invegl,1. tax paying eifken and'h am sho*W that businsewatChy Hai oordmrof as usual as t. lo Brest group heroes. t am rn "Wq on business nod Waek and l wtill rat be able to'atteuc ere. public heersrH: Ti em bee, please taketue bdOW isedback as my iamW Inputos the perm hrearieg forboth 1132 W Belboa Blvd. on December4lbandthe upuarrthg hearing for 1216W. Balboa 8hidAn December O 6 both within 200 test ormyresbance,twearewbsum pe1gny; .. raga tmtihaoxh" Dermal process advocates that emu bomeashmmnot be withi t 40Allfeetat_ each vlberaruloNyaraaadhfea tysshoubbeb=wr ra1lw**Beibh,apybiodkl'havelbr(4) surch:ftNtiaewilribu 1000 feet of my M*Mr m and ' three (3) of t eba ere wltrYi nqt dt .MW& The'dose proXir�rof fusee faudlita, vritlr Uuai drents and vintors, foss regathrely duerged the of my nsioliborho" No'* ar aft. parift, sweaft sod potde visit; hMsltiegetvehyin my WaYy'etpteh" Girths peninsula, Tirepro wft at 1192 arc 1218 W. Sabin Ol d. have ere same. der *Mlsted knros ago other two bdslba. The permOnt of tress facfitas does have a negalln eriv&Orrnentsl lmpaud to my ne hh xhoW and my residence. HOW an the city prevtde a Permit to treat two facilities that era within alow hundred feel of each c6rer, and Wlebtn yet AVIOU rfawhundredbetofMe &drBbndsober7P" adman This ksimplysatin GOM100ros with Perming prooees as I understand K and k down" whir. Proxhrdty to Newrport somermtary grdioob haso+atethatere 06OW POM* puq cess advocates that nofadRl ybeWthin1000tedofa school. The alerts cf"W faoildee hrevt dwno 4vbd that trey are not modq civma, modwah some form of drug OMeae acrd others with crirok nxarda Why would tre city permit eadn a facAKy wthdn a few (sacred fat of fro adtad? An approved pmrdtwom put these dW*an st kraea W rbk of ham(. Tbk is iffy baMSfive to the f "Oes tell have entrusted the City of Newport Beach to gotad NOW NCR UP /RA 00459 NCR 00315 �7 s- Parking; The gm up resmardbl homsa in glredm use their prom as grow moobw bcamm grail eraertWrarrmd, WWW MOM Thee garages have been O*Slod to tollase pas type Of grorp we and not Parking. Therebra, all cbrft wall Cots --fhis means estet aoe pedrirgon W..o boa6Md., Gros" MOM mae dl mJft parkig afbaffon ferodrer reetdmas.:As you brow, pre In -par" W dabb (► pie pankmis hng&ap been.,M:iss. Them bw grow moiderdial.homed have wommed an akesdy tied sititapon. Add oors*, aar�r; gueam and f Wwt uWnen **4oy V4WdoM rAgdy wank in'trordOf,oprerresItkOWOW.VO saw. peridngspaoea: ThembolNiceWeushg pt*SVOtabiel>ampe POftV (Or imerbrtetrrsssPapoae.Thisp ooft has aneg*mWA*MwiW bpd onmgrsal)aisa Secon"Ond Brooks: I hem aeviswed #re mWitsffon prooesa far b.Qlh ditse, bollilles and hav evoled dre IbIlIM ( .$1D81 Q80AdirectsQrd'nosfalf , 9uaeta .aaeyOtmumsofftfldwrrwystrowin ante born SNaefi.pre $ecaidhtird smda4mw by deladed at any parcel a#rer User pte.'parcehrporr wdaiGi Uta 1ai9tlyle .' fhb.is.an i oq ffi** wnl,sw l undarsmrW 9W each faoYttyepPhtrglera.pam & axrt sipr►and aI*0vwWv WmqukMW& Huw lose Ca 4* pr. k h.nry twat ipufd ermodbrWe anti moat.: k ac taN. c Arms and employees anokiL Per eir own h(m guideYrres, Ufay'aie rat allowed to unom Inside their Uf fa. Therefore: Ines Is always( FaWopeopieaddds snrotdrrg (teach of tl�ese tine as wet me at to turd Wales #W amtmd ma 1 wMed #wt you have your enviranmealal knppd group viek aw locedon mW comnumd an Ow fad prat we have a aattirtsotro lbw cf seoond4wA smoke. Iteonreone is mrwtdng outside, Urine in noway #*they can mimmmm& ar preir poparly.,ThenN(e, +hey aoa Pvlpbg,ae end ;my fura� at rblc Ofranoer. pire and rtepaMva a of aecond�harWmrw >1re:;l,cenrrotapen pre wkWovrs d m��e�krigdpsrrake: lalfnrrptedtohsf aA, eeribsaekcprrdiicvangkomYamltethk niertfel i tuR I was tl bytla dbN #ail cmibd not tart en air & wfp on my myi:aWe yaN'due to � z?ran9 requY�mtrefat.'ftda,leait ka4.not tight arW meet pultfng mY,�►WYs IrealBr � rfsk I btdlave Itb tin �s ro�orrobiNlyto proled my The clientsofffine for#* most Pitarenotwhatonswoul QmuidermparobonwaNk : They Oro generally IOW, bkmp tmA mnbaft acrd abowwo to axial OWAWIO . Horns oft naragus do a betterjob #ran oparein maragkQ pafrdi1 -1 to conO with pa recluked starrdarda, but In 9eaero4 thsss mskWwft mob lb. berg and d uespeditd. Our rreiftriwod tas dmoW fordis worse due to #ass buabt n% and I asurme pat mCd potential buyers would trot sled lo b4 nwd to ore of bsae l mmm sow* hays also taken o hkon fubue ss ft values. Thb whob pm m boabow krahspsg and detrir=W to my two owmmhip oW gtatly Of Its We.artM pmtkttab. Ourresidanca and nooboMood have bean and confitue to he negaW* hpo*d by two malfti ei Nrhip fmMes. NCR 00316 �74 NCR UP /RA 00460 This to my iputai the penrot process for the resldenEial bo ty permit applicatlon process. I urp the ally to Woo ON pemrk approval for the bdlifies at 1132 and 1216 W Balboa Bft for the reasons noted above. i wotdd appredets NYOUWOW raepoad m a few otberquestlons first 1 Crave rclelad to the two Other reed Willes that am boated on each side ofa5rreei erm 1) 1 did Rd recshV a pubic hearing nolimfion for the facBty st 121tt W. Balboa Blvd. Skule I Now" 1000ieatofthisleft, why was l not fomsiy noticed? 2) What is 819stahm amp application for Ore %dMy located at 1116 W. Balboa Blvd.? have ll" Is there goktg to be a pubic headng? 3) Did the lactity at 1129 Balboa Oft subma for a PMM under this appktmiwr process? VWW IS the stains? it not, wtrnt are the plans and to shut them down? lk. WK I appreciate yew NO" to ft latter. t sm a Welrem Newport Beach owner with two residential MO Iscuse an each ode d me and another two w" several hundred feet. The den* issues that time tadiaes aeafe wwuftk and debanentel to my NM as a propeAy owner in Newport Beach. I look far ON C,ily 10 aieviNe the current situation by m 9 ttre ran" of pernils In my aetghbahm410 awns flat these fadtfiea are at keg 1DDD I spot and only one fac8ly per * bbot. Please oordirnr receptof this emai so I an ensured that It has become part of the permanent reddergtel Avlo9 Pest'scan. Paul A Lopez 1126112 W. Balboa BNd, Newport Beads, CA 92a9t 951-316 -IM NCR UP /RA 00461 NCR 00317 Exhibit No 3 Complete Project Application NCR 00318 NCR UP /RA 00462 RECMM N( PA2006404 for UP2008.033 RANNIM CEPMAM 1220 WcA Balboa Boulava cd . NewpW Coast Raoovay LLC MUM Clay of NOWPO" Beach i GROUP RESIDENTIAL. USES_USEPERWTAPPLICATION CR OF RW NXH 8TANDARD eRROUP RESIDENnAL USE PERMIT APPtICA noN (Form 100 - Revised March 200M +. STEP +: Canpm* INI out Form lie (aldd*4 STEP 2:.Fill CIA dw kbwiqw. TYPE OF OROANQATION: X Far PA* ❑ Nugm�t ❑ Other, pleas explain: PROPERTY OWNMtSW� ❑ Own- ❑ Rod X Lease ❑Other (ePedhk 12 THE OPRRATORIMAANAGM ALSO THE LESSEE OF THIS PROPEMM XYes E3 No ❑ it r. please expw IS THE APPLICANT OR PROGRAM OPERATOR PART OF A PARTNERSHIP. CORPORAMK FN W. OR XYes NO M Yak pWft rM cowl end attach WtOwsr F4m12000 (It 200C, Wpkanb moat fig VA Fam 2800) orPam 200P, "**W risam*able. 2 Hou Name of Property ov nWV)hme bdw Proposed (0 CorparatlOn, legal home orC rPaatlon) (s,eAaoressorH+ftfpergrown (C) (ZIP) (Fax manber) (EMaraaaress) (8tdHect P °gaXVl° �opeKp Addross) Aseessa's Pasoet PktmEer (APN) 9 NCR 00319 NCR UP /RA 00463 3. A. YQWRffn' eCwmdWas.00y*uaYourfrm(ardMw*crPm^ wlhlouayourfm)ugra* opomft mange; Dram dror pinup residual UM in NW&VM SO*ch? ❑ Yea X N0 Nyftdeaddro*os)d! (la)(almchmompMsNasoeSSWyx' SibAd*eo Twedum Bad She Addmas Type of Use Bed CapaciQr Sb Addmm 'Type d Use Bad C SMAddmaa TypadUse ow Cape* . Ob Ad*m Typed Use Bad Capa* S[b Admsss Type d Um Bed ova* Sb Addmas Type Buse Bsd Capm* SMa Address Type of Use Bed Cape* SMAddrM Typo Of Use Bed Cape* SNsAd*M Typed Use Bed V4 SileAddram Typedusa Bed SNe Addmas Type d use Bad Cope* t 10 NCR UP /RA 00464 NCR 00320 Oft Addrom Typecfum BsdCapsdfy SdeAddMn Typeofum Bad C OeAd*m Type alues B*d Sro Ad*M Type of Use •and cape* ShaAdd=e TM of use Bedcapo* ONIAdd Mft T)" d use sw Sbe Addroa Typeof ua Badcapecfgr Site Addroa Typed Um BoCapeofy S%Addrosa Type of use Bad rAPOW C ErAdafee a Need torllffe Erin l ocUa, par NBMC VMMA030 (q, phfae s§loh EvUem of f;spaeW sad Ned by nesideeas w Newport Basch for #fie milady based. en p Wdhad sauna, 4. =a Eon HMO= Ulm Per#w ba NBMCP M91A030. O& N, i9fhswstthefSwmhaweyauoryw9moranya *or palest sl FAW uAkh you or yaw dam spa SK managed, oreeswd o0r VOW MW&M era in CaAAMW Xyes ONO FedWA Sfah ore bd law {s0ecb oddkbw prgas If nwenw k the f (la) have evel been h vto4don af... Bssbers �•� FarAV a SbWAddresd.ctr Type of use B�pCapecBy _' 11 NCR 00321 NCR UP /RA 00465 Hae fft %cft or yawapwAm at tide ft94. aver been in vi*ftof Stete «acd lawn ❑Yes. XNo BYee, please Faoilydf i VWMAd*fmCAy r000fuse Bad Cap Hm f.b.fwjNyo.r. yawowedonsatftfecft .wwbe=tnvkmmdSUftearbedhol DYes XNo MYee, pkseeeffp� _ SbvdAd WM Cly TW* d Use Bed CaPWW FleatldsbftorYo► opbvftm atfefir,dwrbeenMvbl.0 dtdsleorlocdhm? ❑Yea`, , ONO q Yes. plBeee eo�labK - = .S.�.77 -7 SlfeatAdtkeaa, Cdg1 Typo of Un tied Cepa* Has SfU to ft or rou►aparagons d We fadft, ever bumf In vMd M of Sbtaor &AW WA4 Q Yea ONO If Yee, plefaa elfr FedBY#1 Sb"AddtN%GVI Type dUse Bad,Copo Has NObc*or Vow operAb ratftUcWl►.arerbeen(nvmwmdwAftorIwowe p Yes ONO HYea, plows 04"M 12 NCR 00922 NCR UP /RA 00466 0 o� ice. :i, ram. uie'h'wYg ew l' ' He of the p vpos9d We OA AN a�awn oa,dBoim+ueSw M a auaa Newpm tt& k t�Ieb ft oe) "ma "s dr*, )phr uss =wow* == Pieaae ohim" uro a SfMFILM Pmvid.8 Oft PUn tat sham the to cMWs hump fbooftaW phnww tm bhaluds proper roes aed enrang 0488 M pa"xk Nob to uess (La aWO *a* 104 pUp +amfdar Wust arMO on 7. LAC_ YOF_AFw.Y`� _ A. Per G®MC �20.81IA,0®II(H), plwsesunhrwdxa.t�e Icerhae athd.Ov� history.of eadr tip spplcaatar . OPaakr hat manataf, Owned, or operaW in to State of Caubmis wOW the leaf On (5) I=* wldeth raquhaaithar a tomes or s permit by t o Slate or by a be ty (sttach adddorhal wheels t neoeseary)c N�i ir).0 w dOdmpmr Ab" and &W Pnvw m (Atap)a ❑Yea XNo Ryas, the dale tbente wasame xW" denied. auapwAK or ievolost Raman tat Taro mom% MWWWer, denw, or aeperebtc orrawhaftnefetesidentst Now= for C Has the applaerd avervdutmty gunwdetap, had a deniK swpemlaa, or amoralbn of a Use Pem*orslsdtar Pwft tbrawow heetdanew use h0dsoomma*orwetwOamruniV? 13 yes X NO tf ^ the dale lisp Pam* (or vbft was atnrmhdoraa laded, wmpwwhA or mwkedc 18 NCR 00323 NCR UP /RA 00467 Reason forraetecft% arrsad W,, danK afasperabrL a Has the tppieantavervatteMr atarordeftd, had a dtatbl, ampmftn or taaocatlon o(a otrrW'' I'mrt by aay P*aP gWWG# mr# mrtADPor. theCaAbnWDpwbmtof6oabfSwWm4wwu*OmLipttdtrt br a OMW reddWM tree h Oft oonarnatigr OrattoUmr oommwdgR Dyes XNo It ya, the dale Use Pam* (Or airTASO was stem dared, dwded. stapenamd, or revoked: Reason for mvooation, summder, denial. oranpnteiotr a• X t)ne.an.Otja 5ebsiorte .... ... X1�BOOY07i1rtr6a6i19td.Pl�Nlit� X Group Session X Edrrpttlwml t3asebns IL NU�ANDTYPRMOFFApJ1YiBTAFF TarALOCCLOWICYOF FACRfTYM6Isdt =oft=t wevefNYAurdrvdm#Ymatft boftaw aft appftvad tty do ftft sd* 4 Thep k*.idimb ktdttds pro tsdb tb laoewbtg racwMy. bmabnmM orddootka#oa sttrvlan, ditm al the and wft sad OWL Still btdudes irtdhddu tTft r * %r oawpeturyoatatotasr .+esdsd�caayna�soa «� ��•roomattdbosr�- Toth MIIXR N MMMAMLTMMMffCA AMY OFTMFAOUM(ilatttVO*Wofadu Mditnp thattee"" w %Yadsmatordebft ionsetvbesstwNamlbtta ,mUchoneaotbeptaa*Isnlbe awcoapsrmyshownabovo i# MAU= NUROMAMAt ,1M ROME OFDOBIOW CHUM VMOARE SUPOWM BY MM PAS M TWFACt M. Tb* kwkxln ttur pmq reddpg p a., otMa, wsdsard vbttej of depadw*Ch siren (Sbtoe tbero mrmtaknela 6e at leas! arm aokOOdrp aerveq the ntatdntran rsettbsraf dlPendmd dilmaa hit *W rlatet be at least am bps than ow bld oomtpency. determined by dW tie maaedw, as drama many a AreaBaillaft W boMd%QmAftdbsbkd persons? Yn Nmrtbe dSwwrowlCfesldao*4ft P 14 NCR 00324 NCR UP /RA 00468 7 1 �A�dnNrnnun�erastglwno, irieauioesawinganya�e ,reaktocite�at>hs�, � Poww the EM +r 91dbw Fore shown as {mm mo to Ob Applicatim TebtlmVilmorampbimblF ovider 4._ P%asa dwadwtm In nah na astaff sWvI= Ip gw fa ft (Le., nublfior W.%mess O Vompbw amore. aWft cooK d SiABICa) Obacfor Pa�ens 6G�eler_ e�r.e.....��a+ci��"tiiasi u� eflkaftall. M wn. rof I 'awnovAuserab wanwWona.dayatasaNae , Mmmrrimaumherafdlertrkggeswtiowiv tslttlistarllQi.dutinpanyonswasb 3,4_ rAaodaNanMMbWQfc@m%howxvjdtW ftoX ISWonaWftkjd, - Pie�rc G OULONO 01ACRAU FLOM FLAN kwk ds a BL* ft Oft amsbswigad n8(s):lo be,osoupW indu ft a lbpngan Gall hems ktIL-4sd for residents' use. Incbm g�a mainds dm" WMr@ , se mft' . d�mmvm& flmft bss, saapa areas. pools. 9 ,recwtlormt "Otwopaoes Alekeldresa�ersbw .dinerobnse�dnp.d:noeosbao�e an mo appncan must be ooprats W*VP" Wm*anfbwftthe b. OURAT"CW TYPICAL CLIENI'STAYNF*AL f'Y@A&$* go lfpsuwfob, pkaasaxpbdn: L MI TIC FACILtilf ACCIBSMW TO MIpMG11ALS N YNMLCMM (Mi aFNM NONAMIMXATORY CONDITIONS? XYes ❑ No NOTE Thu A mwkarAwoobBbanAdoI19B8( ADA) isacomprel&Nleteddal0#49*hkudmbw 15 NCR 00325 NCR UP /RA 00469 for peoplewo d ubales. The t ty nm&4s dl pho *kn of uaideafal hecaehy WWII MdOw"k"m OS - peraous wbadbalo0es is p+ Pkasocorioa Ravrpart.8eudh's BuV t Dapmdmod (0404W4- 3275)for or 1 Am JMroquN own" apply byourmay. F. ACTIVRYYWORMATIM f ixn whidr McMly vA be h vw, X21117 ❑ Olher "asd deachdhe) WM #Wo be a ch hr*? M aa; Abase hmOs gdet hoax i0� 0 ems. -aea0 am X'oR!X-Bemh. ..X.Olier(Oleeeg # esalbel � x.. 0 Proivlds the eborraa ubmMlothisAFFS, atl 1 DELIVERY N!WDRIIATI(fB " MrypssOfdelverieawil000arattheraftWdhowo0mh (perdarorPWWm*— ck0l@W hWwh appic")VA trey omm? 18 NCR UP /RA 00470 NCR 00328 • _ ___ ___ H N0. deeairs oCrermodes oTtramportalOn amt P. ad aA w (bue atl>e.bardt W** adm� MOM mi"NORWARWAPIlmlomm andbaalIwhs@atwMfboriledb)> d ftoff-ft aEiawmpdwYnatloasaftrarNa�dappraodmal .t�esofdepe.hYSandre4a�i VrA staASa�g tl�e fati�y beallowe6 b d►iMS pana�veltlGes iolhes11e7 XYes E3 No HYes d0ICrlirewhe SIWVAl Palk paraaraivafkides (paag%carpKwt4VWlI Ia dhK— W=H*tA be speCMlm abolf vtlM *bleak) V NCR UP /RA 00471 NCR 00327 NM' TIM M en not ads oe a"d p *M jorcUftor doffOopendtnq wm how ImPacled the L 11 DrAL AND BKWNASTB 03ft addendumn wl MMPJK12QPk tlhands pa¢ Pm MAedMlaseW* puhmtsf tdtepotdofoerleinntedtaNwash abb feMotl�eCiyansfueadtepooal "aYakm 9yrin�n,'+wadie�,uh8lysleWpl afid.atlwvmm must 6e dfepoetM of h aomrdanae wBt the NSMC and atlwrapplcable tows. Nyar eA wM:armitaelawfwt 049444-300&dlspssed of M tllsCipfadbpoesl syatetn,,00nhetibs fatlaensrd Ssrvioes Depsrbnent� 'Appirrft*iovA be dbpmiotne kdmaw araw bfawsste muotp vAfaa shoWMOb wandwhm#mewamleeandisposedof ( req WbyNtbdf3IMSIA.00i 4 Pbaee auwh the Obpotal Pt1eL Kapp b Jfyatl hays N1ern. Pbses i1CMr{1t aey daaehatls dwt deemtbendp oPdfenteorrard arrdlbrGaodAt9�jtlrDOr P+iraltle8fwtyorr�e atdfand clentsvdl adlwreto NNrt:gl irauss a flee PannNtortf+b FeeBigR The MCI NmPat BOWh hesdayegwdGood NeigbborP leblbrNwiw+awe(SWOOC"wabft tlaxj, �wh�mhou a�ee yuaade�il8 oaeipfjirltlrtbe G�9e C�Odif�+E'oiA'MOpker. xYes 13"a K- OIMAVAN,A8l,E CERTO CATIQN3 N8MC;2D#lIUK0." �roote lhetapp&m b — pepsin o I IMF am n (or pin".wvdetlo* where avwjki* fhtm. aawmenaNelapentbrarquoNeed +is+proNta�antrapor► lideAdudes • The OawgeCw* &w ft Depmbrw O OmW CmrgA *At aad Flat@ Sot+Brl it4nN SmMe CerdNcadarr � ( 1pOmlf l lbr rtwea 'in tnaBoe or oo- actC;orU at Coordinaortt JW MAW a714. ?"Mcr orAbWOdeaat714773451121 Thh omNpmNoe is nrputred. • The Oagp Casdy Sober LMny Netm* (see hftw*ftwmkftXftoftfflMS gmfthhdor cmnma GraMaLd+Yllat 711.87554, 7hfe carp&alloB is rscarntsaded. Youdo not hevaatoatMYelhBOCSDaert cdtntoq * for* IftPmmitbutwesgped#Wymat bow cartlMatten roman a reaspwbh anwuM d terw (terofya (121 rtwmhsJfawoaYq yeraaPplcsFae auk. 131wu1d a flee PerraN M lees red. x pwYbtdude i adlditl0n NwtadlNiaBOn be ebteilNld Sift a 1dMed Ewe Poeloa'frubm if edNdeaerdoabeprbrlm Fb, NtartMWeparaKwa*hmewtyoutw o aibine - fhb aM atlaoh fJw vm*h dbaurad men Nw oertl Av off*.. ❑ QVW COU*AdWlAb*d and Dng Bober Uft FaMW CBNdrwlfoe (regtdra* ❑ Orfrge Coungt Sober LM4rg ►ktsbrk pacarrrrmnded) XONtm (pbaeedeearbeJtMsabA�t�w..w TMabewaaNrYsnstlartYfemenlsaaMtbrl saber 18 NCR 00328 NCR UP /RA 00472 i i - - -- _ NIMIC §MOW0ti0A I I th t "no doff. dbab, gods, erarV otloer use alft b ft RM smoke Ivan area* Wvdt irdhtheaeWrdtsrrdMWIMMYbedetecleaanay r POW 1MrgrarrSrepOelUPOn the bck k located. Check aid sign hare la adartowbdgo We rrqutimisntard your use's adherence left % i sc roml®dgs the l vM canbot secondlrend smoke an hiy Wliy such Sat no secarohend o oche OW be detected on any parod oilier than the paroel upon Which my bclily b lac assd alC3�d�► Ualx tl. \? See a�c1 A. Th0owneroliam R ctthepropMyarm milhartaed aged amid s UkAppNtb60s..Softft ap pi -et pvwftK*atv"wlr.tltatgrehhbmulam pmvidsdvdlhk ►tlhsAppkcatlonadNs�bUUSandaahed. PerI��.00.090.C, labs s ma grounds icr denbi a rarrowiton. B The Appicsnt acahowlatlges Smt trs a die raoetaoatplyviigh eA oirr Fedehak tbNq and load laws pad regtrbliohra rebdrrg b ttda rmR The Appiratrrtratdas4xtds lhet s vbbtlorh d Fedetat. Sfale, aid IocA fates sec rdghadaw b gnttatds br rewceiion fibs Pem tit TMApOcM w*oWrWm mrd adapislesgss edit b 89*WCehtarda ti an wiiceraed NNW. . C. It Ste CRY issues a Use Pernik brow at eta moo provided ki ffils Appicaft% the Applaafft sigrrabas below NAeshlserheragllreanotl000m *wlitghetemuotfttbsParnt TheAppicanthmda►sMnde arldl taincrHotolkihcevAir6teim. of the firePmMisgrwrdsbrnworatlortdths tMvs odo or"ll" Poll tam $aD mo4o E provides Mill #0 Ciy eat revoke a Use Pamdt k • ' nte. pemdlvvasieausdattdsartaneowYtPonrtadionormiwtipnsenm6on or • The eppAll SelmedsafebearrdslsadkhgrtdmsieddAhcY .ar:omiM4damalet(pt.feokor The dmhs Grolier regdetlatsa laws Nave been vbk b 4 or ' 7t m bn beef adisoogtltawios of use br in dep cw mss. sa TW UNDERSO D At; TMT TM NrFORMATMN PRC ON TM APPLICA7M M 7RUE ANDCOMCTMM THAT THE APPLOMNTOHIMIMDANDLOMO S WOMORMROBlMTOM iN M ANT UME PST 18MM BASED ON TM ApMJCItMM A Nthe apptimrtt le a sole laoprbtot, ireappit Wm sbdl be dgned by the poplelor S "the aprpicsrttia a ParbrsW*. the eppperigh ehek be aipted by each pdYkc C. If ew ' P d b e firm aseodalloR oorporaiat oorxtgr. die. puDYc agatcy or atlrxSowenrneMel an 4 >frs appikaion ON the eiglbd byte cdeiexegdva otkcar atMirhdlvidud bgeiy reeparrebis br roprseeea➢tg the agency. 0. { q a) aAhpstlmtSte facts cited in m appieaion and a"iti 6g dopanMft aro fssmq �a NCR UP /RA 00473 Wit 00329 ❑ OMW COD* AddtAlodwf sad OM Sabw Woo FadMies CwWa ioa (nht dmM a OfaW CIM4 Bober LMOS toaodk (rwcgjsns coo L SECONDHAWSMMLMItTA710to NOW §21MA.050A direh ts•tiad'nsataR d mb6 gueshk ar any ogw umm of the ih dit mayandks in an as® kin which the aseerdow wads may bedabc- an am pow oiherimn the parcel upan wNch the fa yb bcsled Check wad Sign ben to adaxwWp ids reghdrement wnd your lima's wdhereaos 10 it X 1 wdmowbdge imt 1 vA COrIbalSeanWhand Mxft on ayia ft web that no Secquthand Smdke mar be delaclad an a w parcel Dili a p>aw tjlp arrlddh hhyfeotXyt b heeled SOMMAM pals 9. A..ihw.'owwcof record' of fi Puw� "Om me nppeaaomh aed fb stmdarw* bum sad carrem Par ium i2o.9i omC fake 8mgr=xbfgr4w ormoocaman. 9. r APp sdwhowledges t� he or ehs rrautcOrhrPN wlih ai o9rarFedarsk �eiR�1d bratbhhos and rolai V b thb uaa 7hw Apple set W derabnda Od a vidaian of Feft4 8W:and bcal We and 9rhxands for rehracaiohh wflhel%rmN ilia Apptipnt handeratwrhds sad adawwlehlgea watt isaCaY( adalamioproMde; ireatrrrerd (awdsMred)inanarAompedtadM� . G ftaroafl= ottM Uwe Pamft NOM §40.0&&" p oWdas lW thsCk an aewdoe s Ua pMo is • The pamriwas keued harder errorheohha or'� or • The spptihxnt mark a two or mm"Idnp stebmentof narNrie *4 or We s mkt tad; or • ltbocl iffAmdmreorcfierisp **Norwnfwwrbaanvlolola#or • 7trereliswbaenedieoordhurenawofuntoriBOklayaormor�a. A. # ft appft wrt i a cab pmprialor, the app&MW wfsAl be Signed by the prophbior N the appAcrd b a PA* ib wppNrAimh OM beg" by each Pahbrer_ C Nihe wppk&V b w *m. w wdaion. 4rorpora ft coca ft ft pjft apow or ~gwww e"w *. ire aPPicaina shat be Signed by She dMwomm" alioer a the kh*A" bgeiy rrampcasfbb for mp moft im Sgwrw7p. 18 NCR 00330 NCR UP /RA 00474 i 1 i i i 0- I &%"SWIMt9ftMbbedirift p6 mda o gdommenbmtwmw coma (DA)�� Ow ( ) Moo) (� 18 NCR UP /RA 00475 NCR 00331 i Drug & Alcohol Residentid Treauaent State licensed Court & Probation Approved professionally Ucensed CHniool Staif NowpMC"ARewvayafwcwwwtrdnonmokm& These are two stnal3t areas that are a common sees laMe the property. We do not avow our elierts to mmok k bog ouk or welk moaodinthe Sunarrearofourproperty. VehundesipmedadMopwhercourdleaft of their dpaetic butts. We walk &uugh oor propmty every hoorto to r that these rules are being erderce& Failure to follow these rues may result in the dimr being &KbwgmL It is very inVartaut to us at Newport Cost Recovery *9 we keep our property kolon8 trice. We care about our neighbor's and environment and will do wu beer to mdm it aura place to Jim ��-�:r�.r- �r�-��-:�^�a�a��=.rz . r��var� -?..r�.�'zi�✓'car�.Jrr✓a.�✓2/�� Newport Coast Recovery, LP. 1500 W. Bolboa Boulevard, Newport Beach, Calilomia 92663 1.949.673.3097 • 1.800.990.9691 • Fax 1.949.673.3098 NCR 00332 www rwtwprreeooaMecemsrycom NCR UP /RA 00476 NEWPORT COAST RECOVERY OPERATIONS MANUAL. BBSCRIP'F10I�i Ola C1�17' RE3PON •Mi<R BAC1I1'ilf�� ' Phase 1(I to 30 days) 1. Cheat willbe on the "buddy system" for up to 7 days aRx admission 2. Be responsible format ing oaaan-one appointmeam. 3. write and paeseat a aMcmd histaty (step A within 14 days of admission. 4. Attend and complete aB poaps and written agmimmmb 5. Complete and paraett Vhitnal concepts (amps 2 & 3) priarto movwg to Phase B: 6. Obteinaspoom 7. Petitionamffiamwi gforadvanoemewto extphow. Pbm 11 (31 to 60 days) 1. (Siena will attend ail requited gma ps and om onoae ommse ft 2 times per weak mound wmkNchool ache" ¢fApplicablc} 2. Be active in the loom 12 -step commnity. 3. Petitlott doff in writing for advancement to nod phm. Pbaae III (61 to 90+dop) Meffia in Phare 1B will detrtmine du* — rmnnmt plea on a ore to rasa basis with their coamaalw. 1211SABIG FM NCR UP /RA 00477 NCR 00333 WORT COAST RECOVERY OPERATIONS MANUAL PROGRAM MLSSION AND PHILOSOPHY STATEWNT. Our phi mftb tq_glve: peoplg who suffer <figm alcohol and drag *Wwdm a seta, sober eaviro =mt to live, aadto lamaboutthe dim= of sk" wd dfus &U d m Of$erdm= dw opporhWW to mmceed or to fdl with dW tY. At do same thm maldn evaY effort to .&= a mamotaioi" a posioive d de, and oolmmmd a6stineaoe wbdo pmmg s foothold m sobruxy. 12/151032.43 P'M NCR 00334 NCR UP /RA 00478 NEWPORT COAST RECOVERY OPERAnONS MANUAL DRINIONG AND DRUG USE POLICY No drhddog ofaloobd or hrs&g of over the counw oma C mouthwash) ooatai g alcohol is dlowed for my ream& Any vWafi m ofdas policy wdl reanh in to immediate dis lwp of SWp uddpug wiiha mfearai to an appropriate detoa or odwrseeovery service for minhomn of 72 hours. This aurae i�Y VPfiW to any illicit or l =fipdoa mWiCOM with euphoric or mind aikft d&ctL Any use of mach a drag will rmh in immmdiate dischsr$e. CaWu � MWIGNion. pesaibed by a medical doctor, who hes BA WoWndp offla dieter alcohol amikr dreg problem, Abr life suawaing p uMow4 nmy be allowed vA&pria sPpw -id by the Program Db*c or. NCR UP /RA 00479 NCR 00335 NEVPPORT 'COAST RECOVERY OPERATIONS MANUAL f' CRITERIA FOR ROOM REVIEW No toweb I Rowe or penm d elwklug on the Roos. Bed made and pmnma it order .. i No food In bed or bed oom. i1 No dmb*d "uW=mt k t pkrd is bathroom No p:mtor 'aWe'' =" wish is IYe nmft mb tbore(s) completed Roots rwim(s) wilt be hdd every dsy. tNi5 MA3 PM NCR 00336 i NCR UP /RA 00480 , NEWPORT -COAST RECOVERY OPERATIONS MANUAL In oar to amfim to beg save the needs of par icipanffi, staffis to receive aahft in subjem which va un}room or expand dm copacmes. At a wiufin n, ewh mambe<of the stet£ shall receive 72 hoars of usining peryam'• . Training shall be appmved by the Worm Clinical Director'andYe logged in the staff file. Any cmbfipd or Koeasad pmmmel flint need Continaiag Edacationaf Units, mast kmp.an . 'updmd copy of Mrs in their persounel file, 12/1S/0=0 PM NCR UP /RA 00481 NCR 00337 r r! a Conditions of Admission In consideration of the admission of San client ar ofAd t . the undamped agrees and co to the ftowm ig . to be bound be*. Rules and Regulations Client h m comply with the nUba, noolatiom, and directions ofthe fic tjr and ts Staff ,while, the divot iapattidPatiag in this program. Chart acktowledgna that amch mim raWbdcn% and direerioae am knoolated and applied br and in the best interm ofgw cfssat. the progrern or treatment irU which cheat is Molved, and other chants is the PMBMM Personal Valuables, 11 is Understood and agree[ that wbile participating b the program at Newport Coast Recovery. the facility dug not be Win br we or &MV to any money. javehy, &SM . denumv; docwmeete, dothea, or other sadden of vaW Property Damage Any damage to or ben ofhmTty property coined by cJicat wig be hilted to client's account at the 0081 ofrcpdr orb, 7U WW ceaOW that he bw read the fianWw& wwp the mWdons, and ha reodvad a °opy hanol; and at;xpts bring lama hereof Ctiau sUgwture witness nau NCR UP /RA 00482 Revised 12- 27 -"bdD 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 fo lwMng gui Wines shcll be talwL 1. A refusal to do OAK 4 shag be deemed a 'dhV toor.and Ow client may discharged under the relapse pofy of NEWPORT OAST flRl(. `8. The atelf shalt use tlra DRUGCHECK 4 test kk8 . enAllow the guidfrnea as stated an the packager Only staff members that tray® been trained may administer DRUG= 4 tssdrrg. 3, The staff member must wkresa the CWM past ursra ka the up as to malts'suretthme is not othw ource for the urine. 4. All test resuk% other nags" or positive; shag -be noted on Drug Screen form and placed in cgentfilm 5. A `dacj toW is a relapse and shag be handled by NEWPORT COW R MOVERY. 6. Wit bests *V and the chwe atatae . that ft is: an actor, he may. at.. his a .{fay for anathertaet [$25A0} lf. efterthe second toa his is'cber0 his money wgl ba refunded. 9the ttst.remaks "dirW there wrlf be no mars test gfu n and the cffeM wit be handfed under the relapse polcy of NEWPORT COAST F ECDVM. NCR 00339 NCR UP /RA 00483 NEWPORT COAST RECOVERY OPERATIONS MANUAL ~ PROGRAM DFSCREMON GENFRAL;MSCRIMOM . NewportCoudRewmyisdwi& vd- tosave adult men wi&aiootwl and droga lsiodpoblams. The p opam is built on a residential reoovay/n+astment model with aigmficmt social model ftftm Newpcst Coast Reooveayoffas a tw slope approeoh with 9ll days of Wmsiwe aestmmtuaidally, fullnwedby'aand,iseuly group. Aa aloohoVdntg fiwenvhonmaot is nain dwd at aU lima. The program eaodsts of the- milowing: Merokig Cook Croup Each read deft mcditatioo and Om are asked to refi t.an It and doe their WmFMibn -ffihe go* A goef'ies the day is then idou !&& ` ChemiealDepaadaaayi6daeadoa Grvnp Intbmgroap,:a.vmdeAynfmplmaredi aodinamp beds. Clients aio educated iothe sores of disaaee Ofdwmkddwmdmw cans addiction; edtteatim*124%ep support pronm and atlwa Wonnative amjem tobelp:lhe that developand improve;their dy and - living PRUMM Coa6aaied Sobriuoy dtformstioa b preecated_reps[dimg.aigos s� sya�msofndapse and the u tse aaoovaa�ged bo+Ae�yeu'tiatiraepaea'fiie altanatIine beAaviiws: ta8ivid�ral:7auitsd Wad Cliedts`an ao.vuriiaabout bAmi ed s to belt them identify Woagtib and fedias is oader to assist dm m with new iaigbRS. Process Group Tltb grosses matr weft, inesojmmodOn whh Topic Diamniom no appmob is is and and members me a m Wd to a& about pmbkos tray have and give feodback to others. The group Cmpbwmn JuSupeemmud ndadarwhips and AKIQg 9101100 Topk Dbmdm This prong meats daily, m w*ncb n with Paoceaa (boup (Sae Process QroW) IVIS10 A3 PM NCR UP /RA 00484 i 0 NEWPORT COAST RECOVERY OPERATIONS MANUAL SIGN WIGUT o Clients must sign out when leaving the premises and sign in upon m tram 0 Clients with a work schedule must post dw4r hours in the sign iWm book. When a sheet is complete the page is removed end placed in the clients chart under Misodlaneoua 111151032-43 PM NCR UP/RA 00485 NCR 00341 NEWPORT COAST RECOVERY OPFJtATIOM MANUAL STATEbMW OF PROGRAM O&MC... atop o w stoPro'"&ASO&eavltaoa,ent for wtdhmocycrin oammunity m a to bh akohaU�. tifimtyle, end ieAyQ to tbo 1' �� to the OTWD of'&WrdnWalWW pcobM, a� Provida a solution to dose 2. TO 861 nA hp �s�enty. &vapeto�t (75%). of Aft events an6akku for die duration of tho arYhamtmt at �dW dft residency. ft j. a will be per'6pimed to b* mei�ent an alas . mwp'wd � of ! II is the Pam to no RO away bat we s 3. Sixty percent (60 54) of c(iegts.who saooessfutly tvwelv�e (1! ohs afia (1) Y=r As meeauod cy ompkbse wand vwWq m (6) and completion for those who emt be tracked. 4. `1cventy (7054) ofouratieols stmil alt kr t"n a wcouful coompktion fm =WbPrKnt or pmticipata in fiather odor d. oompfetiaa for w at six (6) and tyre 12 af. S. crimimal apivity aft d ft i in �ireP DSWM formma [lien thirty (30) t+eys shall have oo aew tesrdliog in a eoavidion, esx mb%aa w tta!%offmam, &wm8 ft k, a NCR 00342 NCR UP /RA 00486 NEWPORT COAST RECOVERY OPERATIONS MANUAL SERVICES 'fie diem siudl mews a Living facility for 90 days while the diem is is h+tehnmt -Client stroll receive lectures on atoohol and dnig abuse, rehpa paavendon, life stilts„ spirituality issues. Thecheatshall rxeiva morning ffiovPa. atimmm SCUM one to ma: therapy, mW aaa=m for die= who Gave gtadaale& is b=h rotara gd UCOMeat model with sonflc tsoeia! arodel The P shill provide servioas to arome b'at plms, that all pmgm peetiapaam dvabp nmvay or 1"vPmt C*" °ay does provide Bond for cimb.aad doesp wide the ti .ktias for dieats Prepare thou own meats, Tu program shall provide se"m The Program shag provide Cable TV - The Pwram shall avail g The Program shall ma Wwn.staffon sw 24 hoots a day, seven days a west. NCR 00343 NCR UP /RA 00487 NEWPORT COAST RECOVERY Alcohol and Drug Policy Statement , This is to cu* that Newpw Coast Recovery L.P. is an atcoW wW drug -free eavita meat, tharefure no alcohol at drugs vA be permitted at anytime in any cast: Both clients and uWame required to be alcohol =4 dtag4ft at all tirues vABe at the premiaea afl*wp Coast Recovtry. NCR UP/RA 00488 NCR 00344 NEWPORT COAST PECOVERy IDPFMATIONS MANUAL ADMISSION PROCEDURE l.. Applir�tim� for admission a is ma the 2. A "P t ititeiview de is pm 3.- Atd**wofthe' dated at rime . a O0ardele ofthe individuals need for ray 4. AppficW 5. � as akoho� and d required forms agneemau and other pP�m mnst pass ��creeaiug test. 7. 6. lf� for t is required at ticreofentry m the pragam, IIo`pay dm notexlK the MvkW wilt he given ass stale in ousining awaaal for county fended NCR 00345 NCR UP /RA 00489 NEWP©RT'COAST RECOVERY OPERATIONS MANUAL MEALS Newpmt Coast Recovery prgvidea the i�itiea fm nsideats.to p[apete gown meals, as wall as nutritional bf m wdon in accoman ea m,ehe guide pymorid so tbut addtm may mam;n a well bdxmmd diaL Theme am copies ofthe.faad g i& pyramid asmall as,semple -mematpodedin: the liftbmsofeaeh residues apartmeats.Therewealso.mekek%other rescamams, and that food storeawW& walking distanoo of die fadlity. MSM2:43 PM NCR UP /RA 00490 NCR 00346 NEWPORT COAST RECOVERY OPERATIONS MANUAL W-9- Tl • No avw** passes wtthim the fvA** days of admisdm Afterthirty days ciicnU may lye ow wwd& Pas per a dL After WxW dapcHeaft mares two ova lmmpemoor AftanbwWdays. dlwb may moiesthreeo *raWpassepermotel. Ovaotg>rt paaa mug be mqueated to writing at least 24houra inadva m A w"W does ad gwnnteepm app vvtkL • AbmduWyno%sWoft vM bo tdcrated (incindm d meMm food and dod=)L. • BotrowingarlomiagittateyisoosatiovvoL • Gaaltmg withmd be cmdderate to fellowroddeniL • CHeaftwoad`attowedtofiequ dbatsordgbtdobL • M sag is a comd imNewport Cow Rwavay buNiogs— wwkbg16 a* putted in Lucas: • Pto staid eaotin vMbe aibowed igtan the premiaa. • Fiiends may visit theb owo wiih the petmbston of the house wmnw. Vmitenwe 000finod m the des ated'vwft arcs ad am rot penaw in the apam=L No visit= after M p m A l visitmts must check is withmd be approved by the mmuger. No ovamiiglt Ashom Vnn6ms=DA890T & topmWpaeinwevedlomorwadibbWthatanbold dwbg visitinghotws. Vim nautntwoffict whh scW*Aed Voupt ma • A11' ello�tbaiB}l ysodpcopdtl yal othedf> �e •:�saadpantsorahor�inthsliviag Ynoia. mdYatfa` CltehtmustgNtarshirtstdshah when ammbgiatofeofilcc :M talcohok drugs, or withespihat tb ma ispermfttmd ••. - �, wetyo�aeedstolls�kapdichoasa�atmadetaw .C�aamvetbadaaadar7y'armae ohm= ritai & Cll6i w Kato be pwW on ywapmtood re flig andvoMbo;dmhged waft. ]bmswlitalso boacompidahm e ovay sdwdw. • You doyonrgsdjnedchota wdwy onrbod.aadd=yotrm=ddlybdml*W a'IIL -t'� T�boP�9Pa �y f«K}afsigbtatall tiittes • Ck= up a&wyausdrm the UMm area. Wash, dry and ramp house omsb io their l + q • Thetelepbm is fnr yaw ua only. Only the locd ` a m code an be di" five: Place be conddtnktoyuwbxwmmnaadlW*yowcWbtoun otI a if otbas am wdffvgm ae the WkPbom 1elopboaewAbetamodoffduringhouse =WngL • The telephone trout be a wared `Yielto• not anyddog else Dona volmi a sW Wanudw about ofhe clients. ffyon taloesasessago foranothe cheat, pksse 6e comieous and tccard the maaege in the R"apdato plan. NCR UP /RA 00491 NCR 00347 NEWPORT COAST RECOVERY OPERATIONS MANUAL - RULES • Total abstinence fiom all mind altemng aermcals and drum including alcohol. Anyone cv*t violating dds rrda(by the house manW or another client) will be told to kave the faaftbWD0dhddY. • Cfie M will submit to a arise analysis upm staffiequest. Refusal to submit to a minc lest will be considered a positive and therefore grounds for dischatge lion the ptogotm: • Any pmsmipliono avemh krdrggormodicatim mot betnmodintotheice ,. • For the first ninety days following admissiM o5wis are :roqu» rod to alkndat kaet one Twelve St cp macting ava!' day Cog tegai red, bouse a wdW),and -avo donut Mteadanco OU a NewpottCoast Rcwvayattetadm�oe card. Aft the hat olneW dam at least <f+o�.Twoi�ia.S�p.P?�',week arK.ed. • Yon ate Cq=t d, as a pats ofyar tuestmew phati to attend all groups as so assigned and to be puncdial. Yin pwdoipdm in all oflhs acsivitks is b%* ptcm spd., YOUate cwnsidemi lft *ft (5) mimnes after the.dea mfad staring time of cads VOW scssim. • A daily echodude of all .pow and activities is.posted on4be bulletinboaid end availebk ^fiam staff.... • Clieats:uaem quind,to VQ& the find &M steps of ceooMy, and preseM•t*m inlFqugnat with their covmelor as &pant oftbe firstphase of the pro ,gri►m . . • ( 3�ns. areinquiredtogetsapaasor- beSoromv�ir�p�so :twaoft>�.progtpm,eotla�� fpsofmwvaywhhibonrsparnor.9po ars;tupert a!!bab9>cse Be prgwed to ideot* yuw sponsor sodto discow yea' in!�s v4j: e- 60- ppoiraquest. • -- Cuctinw puma are 10:00.p na. Sunday thmtt*' y, sad sad Sahaday, <S canbenasdevriththebauaomstgexirnadvmnoa�carspaiae� .. . circumstances. • 1, oukatlldlOgm:$ tmdny. dmatgTt,' {1�mdsyaadmiduv�Bri�y:mdSeduda9- • No paaanslTTs or sadws arc alkwved widas pacssion of dw *h aav • No fond music. Staeoa = a* be played at reassnsbk bwd so.as not to disturb roommaws or neighbors. After 9:0 vim beadp m s mast be used. TV's wig be traced off betwem the hoots of am sad 5:00 pro. • Quit time is observed fiom 10:00p m, to &W am daily. Poopk &stwmt deserve congdamliow. 12/1510320 PM NCR UP /RA 00492 NCR 00348 r NEWPORT COAST RECOVERY OMMIONSMAMAL RUM No heldmgartrof�► 9• �paaspb�mtie ,or.rtq�gelsethatmightbe mvec%d to be HICO • No+acuat. aesast or fiwl IaagnsFe � lxopagaoda will bep�ed. • No vwevom or viofmoe or @nears ofvk4ow wli be pmm t & • New a Coa RcwM ism resp=bfe foe Yo'4a=W Wopaly. Am ps propeayaot removed at the thm of diadwp wt7l bo disposed of • Cites muA m*eM take dhwd= fiwn and soppM the house memger and staff: • Clim% sas'aot afloadf to ba* 0 orvidee fl • ALLVLMTORS.MUff Cft=INATTS&OITM ANYUNAUTHOMPD PERSON FOUND M THE AFAR" =" WHL CAUSE VIOLATION FOit WHOM EVSRTMY ARE PTO SIM WOULD A SECOND VIOLATM OF THIS RULE OCCUR TIM RESIDENT MAYBE DISCHARGED FROM THE PROGRAM. • ANY CLIENT commn- IIVG VIQLENCE OR THREATS OF VIOLENCE AGAWST ANOMM CLWT OR STAFF NZMBZR WIM BE DISCHARGED FROM THE PROGRAM • ANY PERSON WUNiGOW DRUGS Olt ALCOHOLON THE PRFIMM WILL BE ASIMD TOLFAAVE IIMII1INDMTELY, AND WALL NOT BE ALLOWED TO RMU M UNDER ANYCMGUbMANCES. • TIMSE RULES WALL BE.ADMM TO ABSOLUTELYTO Elm THE SAFETY AND SECURITY OY COASPAL Rl¢COVERY LIVING CLI±JVTf3. tvtsomm rat NCR UP /RA 00493 NCR 00349 NE"ORT COAST RECOVERY OPERATIONS MANUAL I mdmtmd fint I bow &Amom" Itib nal don'thmv mr- I** awhmmund Aaiun bentoommW Am bdp md direcdom sivem I " understlind i bm stiplwi OR dlabob*101'sowsAwild dWifIdODdb=P=YmdGftbht■VmmolmmybewduenopfikrmwhvWxdom lonumbodeft mgt IWdsWUYbSImvtwa I oulasund did this is&Ampmi& 3rd Vidalms Dkeodomoo"-�' 4* Vkkdoa Tbb is yew Awre vicktkm; yqu musy be =bjed to &lwaps& dbchwp*t this time ffxtuffdftmft Bee wmry. nak—L—L, Staff sipwaft C7ieat sipalm- NCR 00350 sf CITY OF NEWPORT BEACH L 84WORT COAST RWOMM 1500 If TAIMOft. SM 048.204 IOsMPQ6R Samm 99663 iIVSTRUCTIONS Arm COMMONS ACCOUNT MUNISER. 8230001660 EXPIRATION DAZE: 10/31/2009 Welocate to the City of Newport Beach, and tfeaM you for your business tax pernerd. this business tax oxtitaM Is ftldantla Out to named business has paid a tau to conduct the business 80ft designated. wi6tbt tins My.of NSWW Beach, the tins l rpka9sn dale shown. Please ratty the Revenue OWWW inmediatory it asp d the. In atmeW h an the cartYrrate.changes. This oedificals is valid only at the address Indicated and Must be diplayed in a eaupicuous location. N your business 19 not cmuluded all a pennan9m location LWnlm t Code MgWmo that any repermyrativs, wMte transacting austness wkNtt the coy. may this 0010100 e. Thm business lax caiokate does not audwore the named ausrhass to carA W any activdm regulated by the City ct Newport Bomb or ether agenoie6. Autanwabon W such aCdvlom must be omadhedhorn tie appropriate datartmants pdato application taebMalnev 1ar.CadWeates are not =WGrabie tc my other parry or person and are rte pro - raced. Relonds are not P Wdad'onae'the cenmeate has boon issued, Your W mess tax oartitxate is vaw um she expiration date. and OWN be lamed annually *bate Mm days, Changes in We d ownership 0:4. tram a Sole [)MWWOM* to a. Pwb* smp of U.CX nature of business, or ownership vod the current certaeeta and m*ft Ming of am payment for a now apptcaWOn: Ahditoral aergfhat9s are required 0 addiliohhal VAM of StMnasa a th*. to iadatad at the Santa address, or addill0ml Incatlaihs of Ore samabusiness are astabiishad IMuniepat Code sedirm SM through 5.06). Fear y= eotwemeh M the plinepue owlsion VA mat a cotsresy renewal nodoe, poor t/ Its expindim Oats. to ft .hang address draw NoMacalln d ate MOOD dose noi_atavta(e tie r0quk6trtent to renew. Penathes are imposed for late renewal at a fete of 251E par feaim to a rnatdi6iint of 600% of the base tax. - M9 ReNanue DM IM Is available 10 armw arty Weabons roprd✓ng k4driess fax cedifiCallon and regdrsnhertm GO (000184 UI, e4nd to ' P @cth capon, beacth .cattx,orvistueattterdtbnatat and view it* Muricifni Code, c"WL DISPLAY C01611CLICK Si Y AT PLACE OF RUST M FOR MUCH ISSUED CITY OF NEWPORT BEACH BUSINESS TAX CERTOCATE THM I-AX PAYMFNT EXPIRM 10/31/2009 ACCOUNT NUMBER. BT30003 i6i SERVICE ADDRESS.- OWNEIUMNCMAL NAM& XW WOW CDA0V ZKVV r PRRLM, RICBARD 1216 RAMDU 8at/D W .'' 11111413PORt 1i8UM CL 92661 OWNERSHIPTYPF: . .. 74memBD tZA1110 aw COuRAST DUSINESS CATEGORY: TAX L14CUIDES PAY.WFlt[I' FOR: Mm POSSo RL 8CC8 1.00 AipLOVM SELLERS PERMIT: SO ORSMM PMKM DATE OF ISSUE: 10/30/2003 - PRINT DATE: 171110 /1 00 0 [y :ill �l :L�IIIL �I•� NCR 00351 I Illniiiiiil IRE ll�illl 11111 'I rr == il' r. ii,, - { rr rr ww u NCR UP /RA 00497 NCR 00353 NEWPORT GOOD NEIGHBOR PRINCIPLES &O* Raidevw Um • WevMv* soeeri cemptepeesiadat oft tnneatwb kpeteeiosad hot kpgydwbimbledeiA* veils. Taemm d&,wevAobtsfn.Repona(RoMew lBWNft i OMfam, &eaw pdaloscaio orleaftpmpeeties. WevAbft &epwpade.ioiofAmmpR■meVI&ZW de daietltenuimdchymdes. weu msmaimeortmets"Puipetymalthinfod °�PeaOOe , •' WesrdommmmreeomuMnadowodcaitl imopetmit .uaa9owampopettywmm sod* sooa oorb&W.. • WewBlmmtlseiu >yg6iegmm out ofeco4uhimMespum WeWA act pk IsC110mtOf seffbf mdtsppmvodo*wbetguarmalt&r"wV* ryoocvpasey. • Wean!tmpertmdad tomyneoaei Rewossmor �Caoemat holdaayk■wdadvnedor rmadpmpertyfamaasasio*&MydwaSogaiv- WeVaaemmcoelf=&mvanmseM.ta► oorprepaeias pdotso oarlase, rmtal,orpmeb.se dreg' @•oP�y • Weooewgtimeoerprapereinl uoespeaSrsatbadesimmthesidepards ,f000ryatd,aad / osbsdt S• . reetba(%fs&n7diagmlzaaiogf'ada, %t.chcbnlebaodssfegafaaeo .ad fat "oh dcaettoos, we am keep &M class of absaur6we. bd•dbe6 btim°g oho° Ile *d* swap of st■ak cost is eee leinaeebades. wew�mmplywLkdet7ad6o�emldiagcoar(I ll�anailw l�aeDts�d•.�mprendaddthe URC a k rebus m dee txddsad a&ty d dagmapeem�ty. • Wewae noe dmaerau 6eHidn fa sped9e stea., bbehs, a oidgkbaeheada.' • . We Sig sadc and a tainwkaewaUmnm« aafiodatlamficusdoCiyavompvtedforaark %W w- • Wewm Ion eomo staff magek adyemmgaoor6cBitY .sewBll4ofioar :affmdataext MM&M l o ■vdd aeawhdmi0g ane- tadity. nek%o l%cwdvA& ems, "Fags .tessh aery oe other aspatl da bigtasaffeemmaemlueebt t aeaidmtd nt�hbmkoad, . MminuftNedimseces • wevmpau. idadwCuywLh atasemetaamCtosm6sr. mdams &roaddtasaeiglebotLwodaodflny wetcam.boate.de spod6cdatk apeuSaes. WawBtkeep6dsemwrtesabcmaioeoaedm ■iouintLmnln■ &ucgmmdo oaesfloa Ifweme: eaoshymrkamtkuweaogodceaommaddaervia (sadacmoinadbydse City9s,efnm diet. wet), oawigsxmaooeamadstuta.ervloe. • P shaknotbeumisk Ad ij mpoodymmimmilmL Ifwetead+eeao ooeviolpioofmm rbe Chyba ag.dS ro dt�raf Anne fiae�we dug muea tka vioLaoa wiAme m seem � ar e.dset dk fxgtffraay w taegotisoea mmmtyygteakle tiase� • WevRa speatbegudity off: 6eaaemci#boskaoddaamoftbemmmmdryin "I wedwcft to coact Jesse psopeay,.nd dwR &so du tom saideon do the same. Noim & NeW&od ood Disrup oq I • Lewdbdwnorakwdg,eerk. aumbetofaxtedatoutpeopetda. Raidmaaka Medoeae waiftfottheuxoflewd' I iorakwdrpm &Atrkedmeoftbe2wuw.dwzdd=dwUbe ngalmd m losvothe f w:lky paumna* and sw sflowcd bakat ■ subu goem tcaW a auy tt ag eE oasmaosgodpmpada tnb&wpaetBeaek. NCR 00354 NCR UP /RA 00498 • Pushohlrapa hemoryaMaa level head braeWhodnB twideoft eba$aabetdmmdliyaor addents—s csidmtsswxeedveamaamiogfadaeroaApeofanky At&etimsofihe2!+me,dre raids= sha$ba zsquiied m leave the brciiluy petmmaidy sell swt slloa�odbsdc ou a amt swat or stay at my of an managed pmpaa)es Wkwpett 8erb- a We will . etloimcimaScywaysnargohmoumideoorfat WHO ionsttlsaoctdbmPdveo0Oweekh"al" • in the cw of aphysical altercatim betwom staff sad tad&m of smiles and madderms we wa inveseg:m immediaady. Atthe dmo of the 2d AxmdM dm raidont at staff number dull be n 9madmkmthefK typemwKndya ndnotallouedbackone sabtegomstea=lastayastaff position at any of au nu mrd peoperda in Newpoet Beads. -a We qm Sa iatip adheae to tw c tp's pain amndseds. Oww SIOI& 2.' tQzA -4 .bfar� opc agatbetitage in nor faditlea wm Owd. dappin& ntaml?l* or other maim comblemet saccessm sddtNSNCj10.Z6. 034. Wevalmdevel opa> ydappS lgviamedtodtofadebr�Soasa�dmd• If ve show parsons to somake an au peopvgd% they dtae do so in.=seer [ti a does not mod woomdhand smoke ro.djmoatt mMcnm' doom; mad windam at Oman 21OW&OW sompicd l0 Ideas • eRaop+ bx, imt. dg�tcae6uua. tet4met. d+ atmota lCipwedofpaopeelyandamemd�rm muocan. We Va rat allow our dew at ban anon gmmd,9oa.. clock daewsks=aes , arstaeet. Wewiftabet that the kwm pick dsebmaaptahem ®e see him or bm West over wlbesdas.ftocasoframt Wesndaatoeadeblit oeapatitLet�ty'sponA a Winn smooldno . mak.adod paabiPe.places. Penang.iahimgN8MCSlimmmd gga,makie�mdrcberdt amatharpn6tieplsta .aseaubjeacaoeime3Oa Iftbsyutiaottaid md.>heF + al.beaamr $ atgat6en removed ft� the ia�typeammmdy for a seeotd violadon. aeseha and Odw Common Gather Ann e. Weneaogidar- sad wM denond the wxxofwumddem— dtiattlmp&&bearAesuetyptrs8y picas ofgtdci encrab= far so of m. One on of the besdxa far nwvdogkl I aen txpdmt. a . ashes gpdaetings aWfi shoe dae.fespectm omaaidem olsMaa, taldettlu. sal odaaebescbgoce4 the a11wv1ogtbtmmtatefvLLeajtymrtttafthebadt. • Wesiilomamduabusitiasondwbah(pt NMWSIDABAW)w 1'ram�ttttaatim, paskine & Ddivedes • Otr�rpatddvgg> bs gtespegsllCpysviesstgaod 'atgpadumgatd/aaaoppdngmdvalmgro loadresidta m Ddwms m HnatHe&u dgjtbmhoudad& DoraMsraoorodxaacddmna'ddveways orVx8m Ddvms ha llaociAethen vehicles beyond 30scaade not knevrbicle;m gel esaegcarif Sol Vag maudiblebaek4pwammingsound. ofththaa:w a. Ddven shall speak to a6ndem at a level protective of oei�tood peace, aa�nt staid wskttg odgF6on. • DcHwatim to am facility AA only be aude betweent &M am and SAO Pim 00 w0elaur and DOI 0 all an Sanxdays at Sundays, Dam mgmdy mwcsaaay. • We wiO develop and atforae a parking plan fa our s[aHmembew of tan ft" M'010 who hose very • Weabdlemmthatadgarages, paddngspaca %adcupornondmsdapensadmadInaPA4 g • Wewilldevekpaode A cmuceess/toomplanm andf tam Oat fsoiity for sugudteaidcaaathas respects the food mWibodwod. We tuifl tevkw sell aedg appsavdof aids aooae /saute pbm from the CWShaffre ao2ftnK tkpanment. Pgp2sfs NCR 00355 [a] :411:11 PI': s . Staoe or ommtq i iceaaiat • . WevWamcoadea/cfi " that ftquitthow== by agSmftarCwarywgngin/aonficmsed Aahty. • If the sawka ve pwd& to au teaideab or�mn involve mr4ka ncgut by two cc mme gcm=8 emitia fmAW dbgooaa'I we AM get dwappeopdoeliemtea to am each dwotda air j . Smip to cm Cacm of Reddem • We W9aaeont h0usWs barpmcomtoeamtedWmw Clem oramdmo mWi*wowq . tmdDm OWlblg.l�papd'p0 • Weva3mamedasUTclawacre idmttemov ►edfa»noatpwsmmotfmftWs.dxaaw cm aeeawytogahome, We asngmncl�te fat cmclam!ac taidai eamval back attKkbamecky or aft 4 Tv rra r,a a si ✓• :1 F. (ate) Agra sfd NCR 00358. NCR UP /RA 00500 Additional information Please W enclosed Copies ofthe: "DUI ARREWr section of the DailyPffoL Dmng a 10 weekpedod there were ovM 115 people arrested for DUI in the City of Newport Beach. OuA ofthc 115 people arrested, 43 were permaxtcnt Newport Beach residents. DM's are obnously a chronic p uUmP In Newport Beach - -although not Mwidm with over 450 dff&rw `licensed vendors of alooW in the City. NCR 00357 NCR UP /RA 00501 I Print Veldom:: GO bWJAywwdMtyoWxo Juddkv2OWl6I07 Dafli t y. �. PdftUfmV DVIARRESTS 6dlmrsaq/et7ftW ashBvbi son ±.orcMVmxWsb •►tee. of an Adoxkwt As so aR auapecls 9rayam co+isMwW &xxmrd wopm" gum: HEWPORT BEACH Sept 30 Olga Relic. 22, saga Am Thursday. Cherda Panaft. 31, Also Majo Jequdm Scbrm, 22, Hu,tnglOn Beach FeAmy Brdmero Rowbw Cbxft, 28, Plamft iiabod Madden. 39. Nw*mU wk Ryan Hadley. 22. Medbrd, Ore. ldmbery Colman. 38, lWm sabordlY Kkr"y Farrell. 38, Weskdnder owpAdd4.58. NewpnABomb OMP Chesney, 40. kW*m MftM Yonad, 29, Moreno Valay Parddc Cory, 5B.1e•prt4vach Sunday C4hees Abrams, 21, Nampo Beach NCR UP /RA 00502 NCR 00358 12/IIAM 9:52 AM rdd verAm:: tirasdentislfer, aB.Jleiepertflleseh COSTA Rum Sept. 30 Stephan Crane. 50, Costs Mesa Oct 1 Juan Mendom.22, Him"an GKdW% Jason MOM 22, Corona ThwsdaY WSSftmLWw, 35, Casts Um Cmdophar Lend m, 28, Costa Mass Fdit Jac"" Man*. 20, Coats Mega Ur** Rsmhem. 45. Costa Mesa Saturday Be" &e4 21, FoudWn Va ft Guwr m Vera. 53, Sents Are Juan Murft 20, Costa Mesa Sunday Mrsdo ZmMmm 30. Pak data \ kdoob Anecis, 32, Coda Meal Monday Laurens Dakwk, 48, Costa Mesa CLOSE WH)OW I f 2 aft NCR UP /RA 00503 NCR 00358 WiV20069:J2AM Prior v :: s�n�, r.. �auy�s�coo�r�u�armaersu +sa�d�ryra�va�ea_ Dal*lyAlklgt. Pubimbly DUI ARRESTS Ed Wes NOW 7bese people haws beeve �saradon srtapkdort of drArlAp seder the lnl>t nos I Of enlnaxrca ►rte:,derecoR&tWW Innocent esSwovae . 10(3 Newport Beach Oa.a .AMR PleW.3kNawpodA, ad Hugo Hemande¢Maates, 39, CaMa Mesa Oct 7 Lsn* n Hoadng. 28 Newpodaow*, rhansdsy AntWSstntsksan. 2% Legate Beach FtMay Owdmdn Debmebr. 26. b" Bourn Ba ft. 24, Canoga Peck SNOMtq Edds Cardenas, 2% Mw Frank Delgado. 33. Wiikblgtae Sunday Charles QaY. 27. Dare Canyon Jahn Spdeaterabsolt, Sri, Newport Beach John Scrrtgps. 25. Newport Beach NCR UP /RA 00504 NCR 00360 12IM2W 4:51 AM ir «Pdst Version„ hWJlwwwAdbvHotcomrsr&d&? DUMa/l A*.1►- JOIra111te LOM 25, Shmum Oaks. JenY Lev", 82, Santa Ana .iota Pablo, 84, LOM Beach Steven VVIM . 22, Tustin Costa Mma Oct. e Laurence DmP^ 49, COMa Mme Orr 7 02M Rosenkrum 44, Santa Ana Thursday MadtnNms%;wy, 46.Oom Mesa MWWll* Selum, 30, Hlsdi oon 809121 Friday � Mwa1eMY, 3t3, �t t3pggr Jason Rod ft K+z. 22. Finaddn Valet' CtalKio Sanpoebo, 32. COSta Mesa Saturday Robert Coalelow, 23. Mission V,* Brandon ftw wt 22. Coda Mesa Made TrevbV. 30 , RedondO Reach Sunday. wbdd 4%rd , 20, Anehdm Monday AmM Scavo6M, 22, Santa Ana i Nlcoie Cobsei, 23, Coda Mesa NCR 00361 2of3 17111=99 31 AM •i • NCR UP /RA 00505 Ptiat Vat";: ldtp:/AYWWAW e/21 1 I'�o Dal PwAmm7ma%n,�, ort Pr DUI ARRESTS BOW* role: 7how have bow ,mabd on suapi*n Of &MV ~Ookamov o/aa kdmdoat As a/Mr aM srrapeck *OYare oWWvuad &MM9 arNlFvv8d9A Heaped Beech OCL 10 Jasaicle WBrdel.ls, &and Ana . Coudney eartem. is. costs algae Marc Clerk, 45, Orun p JCfrohm Caatm. 29, Cwane Thaadny Kapp+ Fame. 40. Coate tress Fly Cbm KWJW. 454 MMW Beach SaWtday Scott Woodcalt, 30. Son Jnn Coprstr= D" SdrA; 47, Rancho Santa MargwA Kevin Hanel, 37. Lake FOW Ali Pete1. 20, Shernten Onto Jo$hUs Beh®k, 20, Westniinder CM.o-nday r� �p� 9 � Hod9ee, 26. Arcehekn fills Costa Mesa 100 NCR UP /RA 00506 NCR 00862 14/1 MtZ401 W AM Oct 14 JVWW Jtrnerre; 38, Coats Mesa Bdan Beroeb, 34, Coals Mere Cot 18 Jonathan Mom. 34, Also Me]* Dana Couch, 50, Fountain Valey A201e3 Murphy. 58, N RVDd Beady Jaime Estrada, 32. Soft Ana Thursday ChrbWW Pw* Pant*. 28, La. Habra Russo , 40,Alm"d Such Friday qaW Bradwel, 38, Costa Mess Jason Edwrxis. 27. Huawgm Beach fw klmohws1. 61,1iawpwt Beady Rodaf<a LorraPno. 28. Santa Ana Jason Luke, 26, Coate Mom saluMay James MOW10*1a, 23. Carlsbad Abdo Huebner. 26, Newpod Beach Sunday Revindu MwgWq* e. 34. Tustin Lod Ryan. 48, Coate Mesa Elena Ougiu, 62. La Vence MW Odno, 25, Costa Mesa Monday Michael Young. 46, Orange 2of3 NCR UP /RA 00507 NCR 00363 12l1t/200 MSAM PrW vim:: ier2 Dailyli m�rr« �ww• a�ypuocoomr�ar�ooar�u +�r��s�apa�i_ 0 Paew"T"Oen oaoew2aaooece:aerH r DUI ARRESTS Ecetors Nobs: mesa peapb hats bean award m auatoi*n ofd rhft em tr#M k finance Wan WcadaaW As W h apaeapeotA.09yaNe aonsWWW*mQcmdWWpravadgL*. bEWPORT eACIIII Thulld" Simon Nord. 59, costa Mesa Yam Bcaa Jane, 38, San Dlep Friday Joel Neieaca. 40, L89M Wei Saturday sate Brown, 24. Anahekn Mmmido Espy. 34, Colt Mesa Sunday Noland Mmes, 45. Nommic Af za Sok6reN, 32, b" Shad Fowler, 42. Can* Monday Molly Alammler, 28. Cow Mesa COSTA MESA Oot. 22 Nei Jotwumate; 28, Wins Dwd Coret, 8% Costa Mesa NCR UP /RA 00508 NCR 00364 12/1lIM9:40AM :: phd Vasioa:: Thursday .SkrmhNbAK 31, NeaSort Reach Scat Mus", 29, Not fated Friday Miguel Vem dwiap, 27, Coma Mesa Thomas Destabg, 21, hvine Dusan Sonic, 85. irvins Soom* Sanwa, 26, Costs Mass Saturday pmeanm Reran, 22, Coate Mena Gerardo Debon, 19. Pannone Peter Jacbmk 29 Costa Mesa Jason UiV. 32. Costa Mess KdA WORM 25, Caeca Meaa F_rtoCuratob. W. RSverside JWWAWM FlWMX1e; 22, Costa Mesa ' Vhgh+m Lee. 80, COMM detltir Monday Slewatt targsby. 477, Costa Mesa [ CLOSE WINDOW I F3" NCR UP /RA 00509 ; �', i NCR 00365 u rrusvanion:: b#jdwww.dsitypi l�dd/dpe -fi►_ D;11 Pilot mo HMO 1 or3 PmiMT1 ft NUw w,k=mllmPUPBf DUI ARRESTS EdMor'a a0W. Theca people haw bm area on sWWIA*n or&MV mder OW N&srm otan urta kw t As a0 all suspects, voy are o n bawd Auwmg wO pmwgL . OOL. x " BGSUftK 49, Seal Beach OcL 20 Jcae abaprL0sac6 Today Robeft RutW, 33, Ebkme Frlday Nbob Ruiz. 30. LaOum FNs Stephen Mwe. 53. F WOOon Beech itlio wVV Ms, sr. 11earporleeedr Sahwday Jacob MMMM, 21, F moon Beach NOW Nbt6nez. 27, OMW Vabn" Hugghuh 22. Sacrarnewdo Joshua PYrienta6 21. NwAb ton Beach TMW WSISM 41. wesblhmw NCR UP /RA 00510 NCR 00366 12/1UAM M AM f I .:Ihie1 Vadau:: 2 uf3 Travis Dubois, 18, Garden Cove JMW TM W. 54, Uwm Beach Crab mm OCL 28 Brook Sdurlw 47, Fullerton OcL 29 David Graf. 29, Tiffin SCgd Ai MAC10440. Costa Mess Jaifery Tm%K 28, Ocala Mesa Robert Kemady. 52. Garden Grove ThwdaY Alan Kaeoob.80, Tustin TIDY dtokpo4 34. Coate Mesa Micheal Garcia. 37. SUft Arm Kad BMK 49, Coate Man Friday PWWB Pbrer K 40. Coats Mesa GIRY K4V6 44, Costa Mesa ftilurday Joyce $w ow. 51, Anaheim AOw Ck 23. Code Mass M010 WOOD, 37, Same Arm - Vbgbrls BbhM 24, Newport Beach Trim Caablmleda. 42. Fullerton � arvapnaa... NCR UP /RA 00511 NCR 00367 i?JI 11200/ 9 :3E AM I 1 :: Pt�t Version» ypp;//ppw I I ! ! Jaime Cooper, 32, Costa Mesa 1 { CLOSE WINDOW j } 1 ! I! - i I NCR 00368 3 d3 IVI MAW"Abd NCR UP /RA 00512 ::edacvaslm:: ny��, maly�ta�d�l�rmoanvuh�nnll�a�e -�,._ Dally4irfl9t r, DUI ARRESTS &Ileo,°a „o1a: These people have beer anealed on suspkkn d ddvhrg,a,dere,e k+Rue,ke den k*Kkent As W* ad suspack May ere oonaJdered i ulooeni ung proved gWW.. Nsaport Bead, Nov. b Nkolau Desousa. 33. Santa Ana Thursday Wm laoev. 3m a"m Beach Oscar Gmmodos, 39, Garden Goya Joe Ludes, 00. rmaaaln vaey lemes+bnel 6e.61ewvoR Bauch Sa4rMay 4010u'M0016.74,NewpmtBonoh 4A" Hd o. 38, Newpol Beach Mau9 Moomwwk 31, Newport Beach costa Maas I of2 NCR UP /RA 00513 NCR 06369 124 9:39 AM Rite vaam:: Nov. 4 M drew'Golftrk 47, Soft Are Nov. 5 Rklmrd Swab. 59, Costa Mess Peterporrrdco.39. RmMWn Beach Angel KAWe` 27, Costa Mesa Ylassdsy Wrlam►lmdh 29,AndWm"b Fdit Justin Marshal. 28, Lawn" BtrdSh"PlUd.'5. Cats Mess y Clerd** Mahineq 49. Costs Mess Clmrbs Zamora. 39, Costa Mesa Mondry Jay ESK 40. Monarch Beech CLOSE WINDOW J s I oft bwtwwwa dvllel.taeraficleJlAanuil pa Hmd*A&dAdpc-0M_ NCR UP /RA 00514 NCR 00370 12nlr Ot2:MAM I Print Vendm hrfrllwww dailYPl �adichsl2W8/!Ul&p�tli dodJdpFdD •• Ball PWIOrdrameeaaewrar PubkookV to ARRESTS Moore nob: These people have bean wroaled on suspicion of drir V wxkrbe ieBrrerm i Oren l„ As Wh a# mopecls, ewY era corrsWe W kmowd ung proved 91* mawpcwt Bomb Nov.11 to wd cwmcho, t9. Amwm Mark GaMW. 39. Bev&V Hb Jesus HomenclM 24, Carson Nov. 12 St ^n Rem xb$N nkk 23. Menlone Thursday Tamnl Me, 26, Gordon Grove Sofia Val*, 35. Santa are Johan Schddt, 23, Anaheim . Patrick YAlters, 45. Newport Beech Friday Justin Rave. 24, Caata Mesa ' S!WM G apard.46.11swpod 8sach Rofend Wadtor. 43, Fresno Mkt Puft. 25, Costa Mass 1 of 3 NCR UP /RA 00515 NCR 00371 12/197019:37 AM Prht Verdm:, 2of3 Sawle Omok 33, Foom Rands Sahmily Jemftr Weber, 32, Costa Mom w"F4ftfto&23,mwpm asmo%. Lee Reese, 37. Code Mess Arhm Bastft 24, Ocom Kkden Deffores. 21, Mission %%o Onto mesa Nov. 12 Rende Kaye - Marina, 40, KM*qWn Beady Thur"my Thoodue Cwnek 54, Costs Men Kerr w& Toffy, 43, Coate Mae Friday Ryan Ly. 21. Soft Ana ow"m mdkft% " TURM Sabmky Mark Mem", 28. Tuadn 'ftma WMfW. 42. Rando Santa Margaft GIOM JOWS. $4. TVsW An owakdo 22, Indarompole Sunday Som Hemewlet 32, Costa Mm NCR UP/RA 00516 NCR 00372 I2II1OW69:37AM :: Pdet yer2lce;: hdp•//wwM�.de113TiloRtw��1 V2SJpu6li�egdddldpu�.. DalolyAN,t .161`3 PLukWarawaa.#bmrb 2L2MGffMPersr DUTARRESTS wilt* nob: These peopda have been anesbd on suapldart af&my ombroo moonce ores k*kKk As win aN suapeck fap are cars ae w kmoWunE pooved ANY. Nov. 19 Janab Klmh 38. Coda Man �M Harabq 28, l"m NOW Thursday "1'iEmMA:Ie,'84;tiewParl9abtdt Adetn Banda. 77. Newpod Beach 9�.�> lia�rpmt?Aeach' . Joseph Gam, 21. Fullerton Cisisto W Cate on, 22, Covina rrrtdey MM" HsMson, 39, Corona NAMM DiVA 24. Mission Vg* Ssdnday Cavan Coffey, 28, Santa Ana ' VI SeAas, 33.flsrrpolt Beach 'gMMU Y Wk 95.I*MtPWSWah• Sunday K wmCvm,43,NW4*tt8sach- NCR UP /RA 00517 NCR 00373 12n Lr=9:MAM iI Met vwdm:: i Wham tg"W, 55, costs Mess LPosn Ai. 32. Twain Owday I IDame Zamora, 27, Van Nuys 290 Costa Mass Nov. 19 �,'48,1Yawtatrt Bear. Thursday Rod M* Roberta. 41. Long Beach John Rotes, 25, Rands Santa Matg ft DonIdd Cortaro, 40. Foo#d1 Ranch Friday . Chris Cartons. 40 KNOOM Beach ftw Ouncen. 32. Costa Mesa John Stanley, 24, Onbub Jams t3lpssmn, 40. Costs Mesa David Grant 53. Coda Meaa Stdurday JOIGO DOW% 39. Coate Mesa Jeaska B NMM 25. Coate Mesa Rai G nras, 49. Costa Mesa Cotiaen S MStt 27, Costa Mesa Sunday Cedio Ro ftuax 38. WeaOmi w" Roberto Paimgraa, 30. Costa Mesa Cody Fates, 21. Costs Mesa bW t> aeu NCR UP /RA 00518 NCR 00374 12011 eaa OM AM Print Vasion 6up In wrr aei►m�wcr�nra Cleal2oas/�TtaR/puba j+'a,udp►do iNibdTusdry,DOSi0a2, 2Lad1ax2 PMPar DUTARRESTS BOWS ru t:: TUeee P9O& daaa neen arrasiud oa suapbbn �d><va►�,mderaae ihnuenae adaa bbEimt 771eyam oarral*Md kmQOwd wWFGvsd 9U* Nateporl Beach Nor. 20 Mehan Mahetan aft3tieh, M M6elpnM* Thumday Ceiba Amb. 25, Taft +MUta04 ft21MORIPMBeach Sahrday Brian Trudtdt, 21. Le"m Hk Ryan Wankel 19,1&4= Beads Sunday ' TAMM Btrbq 23. fUgoom Beach Rank BOMVI , 27.11 *Wim HMs Dunm Mac(SNtray, 29, Siena Me" caaft Ness Thursday Jamie Yda m 29. Les Yew Friday Imck Offt 28, Lake Forest I ot2 NCR UP /RA 00519 NCR 00375 IVILI ode9:34AM i ::PrMtYardaa:: 242 Mti 39; gesipe�t Beach C000r Robinson. V. Coda Mew Ryon NobM 25. Costs Mm R Md CwdAdl6 29. Costa Mesa Kai Carpeeter. 40. Coda Mesa Edo Staves; 27, Costa Mwa Monday Chekea N jars, 22. Coda Mean Rysaf Cdd. 29. M mdeb [ CLOSE WINDOW ] Mp9/www tzw/p d dA*-&— NCR UP /RA 00520 NCR 00376 12n lnM 934 AM i .: t�l Vasiaa:. loft nt4rJAvW AWbpa'lotc &Wddts MM120p /&d/ ... DallyliPilot P PWMW'VUWft.D ' ..I.�,.,�� DUTARRESTS EDROWS mWM Thy toftm* reeve bean sm,atsd oa ar wkion ofddvtV & writer ft Nrf�snoe sett trrerc&�q. rtesrnee p,mea lnnoceot ante orow� eWBa�. COSTA UM Dec. 2 Lull Diw. 37. Mmaide Dao.3 Sarah Ebwood, 23. Costa Mom Friday LW" %Amb , 21. MtrdeM Saturday Cesar . 32, Santa Are Sunday Sergio Crtsanto•Paswak 29. Costa Mesa NEWPOW BEACH Dec. 3 Sande Baker. 48, Trabuc:o Canyon Thuadsy Sarah 8emm 30. Costa Mesa Sarah DQ)M. 28, Newpod BeSO NCR UP /RA 00521 NCR 00377 1211MIM 9:32 AM .: Pdnt Vbtd n OwbaialwElon`kaa Womm.48;t4snporlBeach dkAmm *arinx %43.Mmptm Bemb Sabudey Robin Momma, 44, Also Viejo Teresa Casey, 42. long Beech Ridrerd Keiad;.82. Costa Mess ftowsmoft di. 28.1dow4 mt Coast Daeiel Ork 26.80 Go dons Ricardo Islas, 38, Costa Mess Donald Uffelsn; 47. Redands Ltd" Msleonet. 33, ilu&Wn Beach John Doklp. 34.1Mne 0=69 Ab a. 21, lompo+l Beach CLDSE WINDOW 12 of2 i WJAvww.daiWimowrarocle+/AW12OW&md doU4t-h- NCR UP /RA 00522 NCR 00378 1211 MAN 9:32 AM it 8 I vU aU[tl0:1 lit JO /19tld911Lt Va ALIA V=rA e I • 4 &WMOF Wl'o," _ •. �Q� Vfl� AIl��IIM 0 a11M � �IYOMI� �� der, 9nA0N polni�i+YlnlipAl�dm� to9re�d¢�gA4�i ,d; �1�Yi�ilwdrl�uuaad� �IAedOc�nda+%f.... • . .. . y �oiporl�rar+MO�aY'�Y�+' • • 'tarplkaP!ip�n�i4ri'�OW �' '. NCR UP /RA 00523 NCR 00379 ascomom2agwotwxy wwgtpppoRD�pr�.'ro WAMB co s °mm J in ash VUM vrw Im NCR UP /RA 00524 NCR 00380 891TK"u SO:TT .66eZ/fe /Ta 1 aLt V'tt L4pi LL�aY' f3wOiyLLLi PMMTXQUWMRV tra ftia Moot IWFA& 82 yy�M NN.1C n 1 se "t nMrnne �CCrebisir QLi�t0. J �,ox1�rM: efweowiL Npya��ro�tiaow�'+� POM OIL ATTO M 40DO" NCR 00381 NCR UP /RA 00525 Ekh bit N& 4 Van Transportation Routes NCR UP /RA 00526 NCR 00382 LAY-01011S to Newport MeaCtl, CA 92665-3501, United stales START P 1216:W Balboa Blvd, Newport Beach, CA 92661-1005, United states FINISH P 414 32nd St, Newport Beach, CA 926183-3881, United States TOW Distance; 1.2 mffas, T*W'fima S Mhu OpPrOK-) 4. . k rage i w t New 4 Akxho CkjVTravW' furies are Tue. 7-00p.nL -8:30 p.m.. Sat. 7:30 p.m. - 8:30 pm.. and Sun. 7:30 p.m - 8:30 p.m. These are weekly meetings. Ot The Newport Beach Aland Club is located at 414 32!d St. Newport Brady Ca 92663 Our clients 90 to the Alwo 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. Wafollawthe settle: route back that. we travel them shown on the above map. 4KP-"lmaPE-yahOO-s-'OralPtiilt.php?ql=1216+W+Baiboa+Btvd0lo2C+Ne%vport+Beach*Ca+.-. 12111!3009 NCR 00383 uur�alwaJ W JWC Ixnt Ocmt, t.f% Y_t10U -»141, United htateS Page t of 1 START p: 1216 W Balboa Wvd, Newport Beach. Dr. RRudolph: 7ravo! 9me A&S on CA 92887 -7009, United States need fo• appointments. M travel this route 1-4 times aweek KNISH 901 Dover Dr. Ste 2041 Newport Beath, cA 9289 ir% Untied States 'total UlstanN: 4.2 mite, Total Thos 11 calm (approm.) sY'f,Y a > y yh: O 'Lly.:, � � ♦ Wit° t�tvvper: Bcu:h *'. Dr. Rudolph's offibe is located at 901 Dover Dr. Suite W4.. Newport Broach. CA 92660 Oar clients visit Dr. Rudolph upon admission for a fill physical. Our clients also visit Dr. Rudolph for mediation follow ups. Our clionts also visit Dr. Rudolph ifthey are trot feeling 'well any other medical 'ware that is am eatergency. Our staff stays at dre appointomd with our clients arld follows 11re same route shown above loth Ways. These appoioti, t times vary depawing on why they are going. On a Average we go to Dr. Rudoiph's offlee 1-4 times a Week. http:/ /maps. yahoo. coca/ print. php? ql - 1216 +W +baiboa+Bhd. +Ncport +Beach %2C+Ca+9.:..12/fir-001; NCR 00384 NCR UP /RA 00528 UlteCtlong to Newport Beach, CA 92660-2316, United States START P. 1216 W 11alboa W41, Newport Beach, CAL S2664-10", UnIted States FINISH 4019 Westerly Pl, Ste 100, Newport Beach, CA 92680-23116, United States Total Distance: 7.5 tnilem, Total Thaw 12 mtos (approx.) Comit Mesa Newovr*. Vea& ❑ Page I of I I The Amnen ClIhic: Travel " vades depending on the time of 4 times a mrdt The Amen Clinic is located at 4019 Westerly Pl. SuitelOO, Newport Beach, CA 92660 Newport Coast Recovery takes out clients to The Amen Clinic only if the Client will be receiving medical treatment dom Not all clients go to the Amen Clinic. On average I would say that we go to the Amen Clinic between I and 4 times a um& The aPPOinuncras am t-2 horns. Our staff drops them offand picks dim following the route shown an the map. http:lYmaps.yahoo.comiprimphp'?ql=1216+W-t-BWboa-rBlvd%21t+NewpoFt+Bcadt+Ca+... 12/1112008 NCR 00385 NCR UP/RA 00529 .... .....y •.......y ��+ raw �vw�, vmiw .MCI Page 1 of 1 Jl � START P 1216 W Ba"m Blvd, Newport Beach, A m aweek�n CA 92661 1008, United States Sunday between 12:00 p.m. • 2:30 p.m. FINISH 3100 *W Bir". Blvd, Newport Beach, CA 92663 -=7, United States Tatar aistencei 1.1 miles, Total Time: 5 Runs (eppro= ) a♦ . x r .,. tatwpcn8each - '✓� ,�'ti ,y S'.�51 mod' ;tpy.� $ _ r . 116 xr. �* � as •R: ♦ h .y,Y e a� ,rd i t]MA rina�Jxk'Sr... Y?YtF ;.:rn, Alb"Mm is located at 3100 W. Balboa Blvd. Newport Beach, Ca 92663 We take our ciieals to Albs ounce a week to allow than to do their shopping. Our staff i stays at the market with titan until they am ftn}shcd and rhea drive back to the facility. 7Lis trip i takes plaa.on Swldays at approximately 12:00 p.m. — 2:30 p m. prtBh26 008 hnp_Compa.yahoo.cottdprinLphp ?q1= 1316+W.+ Baba E vdA2C- Nc %v+c9..., "2 NCR 00386 NCR UP /RA 00530 Directioms to Newport Beach, CA 92660-3313, United States START P 1218 W Balboa Blvd, Newport Beach. CA 926614008, Untied States FINISH P 2300 University Dr, Newport Beach, CA 92660-3313, United States Total Diatom= 5.9 mites, Total Th"es, 15 minx (aFW Ole.) rage I of I YMCA: We go 0 ft 9Y lime a week Mon. Wens.. and Fri. Travel times are ftin 2:45 p.m. - 4:15 p.m. CovL?Oesa Jy f m AIU-t, t,.7 NQWPQIt -'asst Z'-V:.r a nab Vaf z The YMCA is located at 2300 University Dr. Newport Beach, CA 92660 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. Out staff stays at the YMCA with our clients. http:llmaps-yahoo.conilprint-php?ql-1216+W.+Mboa+Blvd*lo2C+Ne%vport+Elcach-OP-6..- 12111/3008 NCR 00387 NCR UP/RA 00531 Exhibit No. 5 Location Maps NCR 00388 1►[y3�1�1:L��I�L�Y% NCR 00389 NCR UP /RA 00533 j , ' +y, c }.' :. ra 3 o i �g.All tr t N .� .. P A q LSp)Ae - •. S Z LLI Art O m '' AL 7E J •n.. �'• :. �tN111� C �� 4 t Jr ^4i "CA ' �. C C . r,. wNO NCR 00389 NCR UP /RA 00533 0 NCR UP /RA 00534 GROUP RESIDENTIAL USE PERMIT HEARING (1/12/09): CORRESPONDENCE TO HEARING OFFICER 11287- ODI1%1127414viAm 1►[y3�1�1:Li1I1L�L� NCR 0039! Brown, Janet sent Monday. January IZ 20092.88 PM To: Toro Allee' CC Brown, Janet Subject FW Newport Coast Remmy -- Original mmoge -- From: sumnne jmailtov=nne®brats co I Serf Monday, January 12, 2009 2:02 PM To: ICIff, Dave . Subject Newport Coed Refry Hello Dave. i think that this facility is too dose to Newport Elementary. The school Is unique with a very small drop off and no padit lot This means that most students have to walk in or ride bins toff. The young students have to pass by this treatment house. The beatrnent business dam 6o jje.the besteltecriafi� to jaH time. The playground is not . tended° `parems have to maiMairt staff to -polW the playground and kids people off during school hours. This business does not add to the neighborhood. K does not mlform to the neNhhodiood and Is too ckrse to a school.. 1 iy :lit �I :7G�rIr�irI? NCR 00392 i i i i i i } i 6 Ftw ice, DM t Jwmq 12, 200811:54 AM Tso TornABW qu*ft FW. Newport Coast Recovery Hexing kdotma m Attalrneaft 1216 W Baboa0*dm LzberJanuesy i20&pol Front MBOWWsq@ad=n LM3f mm3 Senb Monday, knuary 12.200911:35 AM Tor IQifr Dave SdAde* Re: Newport OQest Recovery Heating b tm wMon lbgu* Yo P encbsed my corn rmb on to Newport Coast Reommy of 1218 Wed Banos Larry L%Mena Getalsu UP3 every dayvAh the Spgfneraxatocbar. i NCR UP /RA 00537 NCR 00393 Larry Mathena 1125 West,Baf m Boulevard Newport 'Beach, Calffornht 92661 949. 752 -5115 Extension 18 ma itenaesgOaof cum .Tu=rk 11, 2099 TIM 'l MO W.AUonpBo rlagOffica snb)ech NeaportCoatRecovay.U.0 1216 westBatboaBoulevard Use Formic UP M084M (PA2008 -194) From: LMbfidboon This convspoodence is writtm by uko. a resident ofNewport Heady for ova nine yearn, to object to &a Issuance of dro use permit lrndfied above. I live access the epee# and one block down Ones this bcft sod have been nagaffively impacted by the prdifindon of rehabs faoiGties on Ow pearosuls. If you sew additional information from me, my cooled iafotmatien is induded above. Despite tiro assurance tram the City staff and the Homing Offioer that adequate time would be given to ft public to review and respond to the Staff Report tine was five fait days, der City only posted dro eavbed Stag Report late Thmsday egbL i laveto eonclodetbst 1heCity is om oenoerned about giving its cili>xas the oppmu ty to sale a &A review and respooseto application sebeuipals. My specffie oon m ft given the /imiied tiros frame to rarpmd are as Bello= The detaminsdon on page 13 he Fludiog Six- allowing additionl parties for revenue ` generation to peck on the skaeta on a werdkood morning dwing der s umer season b i NCR 00394 t ! NCR UP /RA 00538 omnplo* denying the reality ofpmkirtg on the Fmiascla in season an w wradcmd day. In tuoommcDfing.approvel tree City .Staff soeam unsware of how bad parkmg is on weekmtds in season. On page seven of the StaffRepmt, under Finding Seven, the eoodumfoo ofthe Crty Staff that the pmpaty cMOW with and is physically salted to aoomnodate the use pfd, ffi ** contradicts that fire depmtamta position m the opposite that is fidwfod is the record. 110 City is *io iag tts obligedm w bo& the ne%bbma wta Iive near tab ACHILY as well as to the clientele of dw famlity itself to proaree Poem Sam pbysirxd hetm: In :a cmimd where it•is a ghat that lb occupmw of a )add hay= smdae substandsly. more treed *opopwation as a VAwk on ftBans to wads io eaboroo Ste- •safeq! laws s6eelm.tite cocaatcn I obserm Od the State Itself is r bft on the City Dlcdkg ib daty to only afar group bomee ins struc im Men fire requircamum mm Haft, *at City .may face if a tragedy occurs could be extremes I Erape Aw that City had a -long dbo6mlon. with he risk -umaq nmt dopattmmt before meidng,wha aRm n Me be the strategic dwillm not to a fee safety laws - "ideoft because do City WW 110 follow :than pmpaly to begin with. -no recad of titiaaVs d ugkd of ib duty in d&cmdmd Is eutrageoos..If a harm or deader -*can a Bra fat Position -Um WID Of City *At It did Mot want to appear to be t inximieasay is apptyfag satiny aged. Ifthis were as application Pam& fora ntnsiag Kama at fir a pdaaabocttier handirappad ddldren..I sine* believe lad **l 9t7f mow id. inrie conceded abM aft of reddmb hr luftg the raddeYNs of di ha ty d" it *=a tabehere. • On page 94 of 6c Staff Report Nte City's diet ndm of deasay use 9a r ftmdUmm it eompleaoly igama; tba small side of the Woke is this mcdon offt City sad in But ovartaadeaa t6isman with hawway iterates. 7be.subntission by tm applIcmd ofwha it perceives as m"m filf its use permit is fad points oW amity the dWF%mdowm burden a 00 5xt i tin the pem* to be panted pats on the that in i sett acct Y sduwl. Tha appUm t states Period apparmtiy+ "43 Pmn�at Newport Batch were arrested for DUI". Bttrapobtisg, this moans the app udmady 220 a year wouM be arrested in a year. 1}tis is only 03% of Newport Besoh's appmatin a 74,000 popubdion. On the odwr hand a5 56 people dmtappiigadwautd have in its finUby over the comm of Oft year (at the Staffs reduced residemy lave)) have a sadom dntvWkohoi problem. Mee apphcad acknowledges in its "Okation package by its own admbeion lira is raailstie goal is for 75% of them to mesgM sober dining #,* stay a gw facility. 7bb mama that 14 people of drir A4* adaWm will be -um" to m kink* heir sobriew d this Wagon dm* there three month stay at the facility. Bvi mWy fey viii Set N& next door to the elemartaey s600% despite all to sapp to remain sober that dieae dionts will reoehe. Is it really In the bed unseat ofihe aW to alkrw a rehab &mlily to 2 NCR 00385 NCR UP /RA 00539 be thtme MAW feet lima an dem eneaty school wham area if the fise ty Is doing well ,by its own standards it will. have 14 clients a year who will fakir; maintaining their sobriety while living adjacent to the elementary school? The owner of the ptopdtrism-not aabodied the use permit applicstim A teviaw ofthe (city Staff's praposod:ooaditios s cfappsevat indicator arse p4)h4,ms. W Ohicism of the, onditions of app oval mast Out with the observation that given the •aadam of this type ofpmmit appiication,. how in die wosld can-ihe CRY Staff iagood DO -malm a recd on that the me,pm* be: seeepted:wilbonl a complete r a record that would have,to ittahtda the iopu end avkiom received fiom the citizens of Ncogert.BeacbWatia only now bdngp mWcd? I reaffirm for the reasons described in this submittal that the permit sMacatift should be denied. :But if the pxmit were tobeacoepted - what happened totwbet,d rte: rd in.ragalds to second hand smoke in the conditions of approval?. SPIM happos ifseootul hand smoke, is mews enable ata t properties- oust if the applicant has stroking only oc.fo tio poposd as? Wha a gwdw bs te Cty apd to ddmaine thatit s x m ftII b» posiribility for securdhand smoke to go fiom Wa proposed aeoa.to Omub adjacentpopaWnames'! . it is mlr uadasmndiog Wet the applic a t bas vohatteend b reduce Its clientele below its stata.tfoeo9ed maximum. As saming.this is the basis far the M ppting and issuing the use permit, I do not uWarstu d why the City is not moking this a ppmmrau linelm a by rogt ift meetda = of this iimitadoo sgeimst the property's till*. that as Part- Of Agra ft to issue !tae: permit that in no ck muaawe wilt a:highea number of clipulde +be allowed on the piope ty., it is npt.annusual intha issusuce oCuae:patnits for govaomeatal coddes to requip the record stionM Ind title mootds Ws.permanent sutr*nder of property rights. As cormstly wriMM ihar* is nothing W pechale•an application being submitted Wree months lion now for a higher mnaher of residents of the facility as the options ofspp wal we currently writlea Finally, I have a number of questions regarding the enforcement of We conditions under which a permit is issued.. Speeaficsiiy: Under what chO m "nom will ause permit be revoked? } How many violations will it alai? How shall those violations be documeated? What Wet ofproofwill be required? i j I assume that the City is going to rdy as its residents to.gather evidence of violations? Is Met correct? NCR 00396 [y :ill �l :L�rItI•� Irl If it is relying on its rsaidoft Will the City protect the residents fium claim of privacy violations that easy arise? How many opportunities will a permit holder be given before revocation omen? Precisely where shouhl violations be reported? Whatever this answer might be- why isn't the City publicizing it? Whet City entity will investigate complaints? Does the City intend to timely Wvesdg to fsciGties onsita at tbs time complaints arm received? Should citizens can iba pollee for a oarowreat con8rmedan of violaticm? As a resident each door to two facilities- can I safely videotape and or tecord the activities at these'propeetia tbat l In' g6od"fifth believe p OW& evidence of . viotationOf law an&"speciticallyause permit?' If I dated smoke on my property can I legally tale pictures and or videoape' individuals on a group hone pwpcjtY.smdW In the cast-of the enclosed courtyard of 1216 West*Bdboa- Boulevard.if I were 4aceol to the facility and regularly ddeded second hand smolm.. with die only apparent sameofdie smoke being the t$d ty -how would l document it? Thant you for your atteation to my input. :! NCR 00397 [a] MI ACL'1rInl-flI Brown, Janet. r From la f, now swm Matdey. JamwY 1$ 200811:55 AM To: Tam Allen' Ca Bmwu. Janet subject: FlM. Quick queWm > — Arighal menage > From B81 Mob (mafto:bmaMJmalsgo comj ' Sent may, January 12,2009 lom AM > To: Finn tgan@wabnwA.outgotng2•ua4Atdbkme.00m: Firmigan, Tara > Subject Quick question > Hi Tara, > I called and left a rneewpg qn yow,dnm phone. Ito on the sideuralk > safety steerptg OFM N OW 1. heats a 4 weft n on a dffe ref d to pie > and thought you wouk (u - the arras w or whom to eek. > rehab houses tm the scho Ids. haft tD xx to > gat support nullified by not fagoMrV the oonma *m* so my > eboutlheftrm-o#.tha petit m Does ft.nesd to be in ' a speck tomoi? Are 4"I dres etou9h or do they need name, > 89nalift, and phone? Dothe pages need sorm language dud Ikft 1Etem > too~ > Sorry 1Ma k so last minute, but I just heard about this, thay are > goktg to collect signatures at sch)d pk kup, and the recovery home > heaftng is this aftemoon at 4. a > Thanks to advance, > Bill Malls > 949.875 -2038 NCR UP /RA 00542 NCR 00898 Bra m, Janet From: 109, Dare Sent: JW=Y 12, 2W9 12:14 PM To: Tom Co. SnW4 Janet Subject FWM. r0hab use pernka between 11th and 13th Sheet ROM Laurie MdWWe [maAto:mdah VI0Innac eon] SWft MwdvV, kPLUNY 12, 2W2 M AM Te: IW, Dare Ors Nervy WAhee1; t>WA Oberraon; pJopez6soodrennw=n Subject+ rehab use pere is between 11&-and U& Street Dear Dame, We are not able to attend todaps hearing for the conditiond ust pormit for 1216 W. Balboa BbKL g=* reoovay home. Please forward our comments below to the hearing officer ReS01111 g the aWlicatioaa for group recovery homes on the Balboa Peninsula, epedScaliy those in the 1100 and 12Wbloclm of West Balboa Blvd.: L Re the upcoming hearing for 1216 W. Balbee Blvd.: this operator has a mull -year 66Wryof nnissaoe and operation problentA They have violated City sad state Hoemhg regeir meat (Le opwoted on iie�gal facility "rose the street which should have been stab licensed; have climb that are on parolelprobation) 2. Re the upcoming hearing for 1129 W. Balboa Div& this is a facility ran by Ocean Recovery. Tkey are a for profit business and their facilities are de8nit* overrcoucceuvted in This area. ComDL.lnb Mgt anDk`J t0 MU modfle Leh WMas , Loa ., 'Cigarette smoking and second hand smoke for neighbors and these close by. *Profitaft and tend tal king late fi to the evening and Mt morning. w 'ioadegnste parking and use of parking areas as meeting roams. 'burden to polhx and emergency services for frequent visit due to 00% drug abode, eta. WE URGE THE CITY TO SCR1l TII MTWSBAPPLICATIOM AND DENY THEM IF TEW SUBSTANCE OF CONCERNS AND COMPLAINTS LEVELED BY CdTtms ARE WELL FOUNDED. PLEASE DO NOT BEND TO LEGAL OR MONETARY PREWURES TO CONMM THIS OUT OF CONTROL SITUATION. OUR CITY HAS THE OBLIGATION TO BE THE LEADER AND MODEL FOR OTIJER CITIES IN THE WAY THEY RESOLVE THESE MUSL As 32 year residents of Newport Beady specifically the Balboa ponimula at 11th and 121h Santa, we would like to voice our concerns. NCR 00399 NCR UP /RA 00543 I., The over-coaccowdon of these homes in this residential area will condone to hurt ow home values and it changes the neighborhood feel. Also, Federal Bouts have rand oreresauntratlsn B bad for ndghbors and for disabled addicts 4. y horaev' are Am bushmoas. Tbey add aburden on the city's trash seavicas, haft security, parking, as well as added raise and air pollution. 5. lines homes are within 1000 feet ofNewport icy; not a suitable location for relab homes. 6. A vast member of these grasp homes are owned amloperated by a bwAU offer profd buain s=A i.e. Ocean Recovery). These busies need to be regulated by density of their Sulkies within a given area to avoidovcsn. We hope that you pat the citizens and local taxpayers interests and seeds at the 61 r R - as you review and regulate these Residential C&O Facilities so that their density and p W&mdm will not negatively a1%at this wonderfid beacheammrmity. � Ei"!'"'q� Ter;}r.aad Lataie.I4kxonzie 1151 _W..BORMBhx Balboa Peninsula, CA 9Z6ff1 949 - 673-2379 NCR 00400 - z i i NCR UP /RA 00544 11287.001111127414vLdoc NCR UP /RA 00545 NCR 00401 9 4mJ . Ln a c 0 o O v 0 C)) �L ru ri L Q - ra C CL +_+ fp A i CL ro to !� c v 4) a�L' .J 'a Q �_ E, . 4� 4hJ_ L - Y d 0 a Q. ut 0 0 lm'w M > B , L E a . V N [� CL in _ �V++•� fp •L L •�_ 4 M N U .0 I W 1- c V 0 :O .o a +� 4 O cm m C,C CL. O C •F -p _ ; O .t N Qci "O vii i QJ ..a 'O •}., m 2 corn_ rn ra- a G CJf O v •C '^ m Q .v +�+ � -14-0 a U4-4- - to m a m, :c '= 0 �; .+0 Mm0.a -muo �aov Ln • • <a. • CLQ0_ • ■ ■ A a a 2 a NCR UP /RA 00547 NCR 00405 4J j 1 Q rq O N 4) O. to �.i m Z 4/ C a� in Ln o L 0 Q +A 0 *= 4.# a 0 IV um 1 40 co 0 7` N fl- N 0 N L L QJ U. = An w 44 JA 45 4) Ln' C 0-kno #A c N DS u IA MA F�-CL O E� w 5 to aci c -v o v c w -o L 0 w 0 ^L W CL m 0 0 ip tto c 41 w v m m D 9. v rM O $n c 0 mE 0oQa L E o� 0 M c _Qt w 0 c • Q vow =�; = $A s- .0 Y Cn V .,IV u..� E 0 0 0 4J ' tF so w -a :)= E w d>,C f,c..� w �0 = 0WCL .,E oc� U >._ami c c 3.� om 0--Q w t° _ 0.0 M L a rn 4"i o� U c ° °' tea~ -p in w w y c..,y 0 m ,� - c x .0 Q. •- i m w w— L arm Q L cod L o a�Mt rir -In �0 0 � V o" v W � o u (1) m E� cE.�>= c. w 0 m (v E a=i�w°t�'vOT tn:r s c ++ 4°i 0 > (' ,. [y :ill �l :Li�I�I�� f•? NCR 00404 a q 0 c r O M a ya, 8 E f . i Ys ja {;A "�•�Yf.q a q 0 c r O M a NCR 00405 ya, 8 E f . i Ys NCR 00405 Ni j Mw AW ry 0 NCR UP /RA 00551 NCR 0040T ■ � � !_ I§3 2 It �. . § NCRUmRA 00552 NCR 0040■ \.22^ ��a� ■z�� . + . ƒf.gJrAI< NCR 0040■ NCR 00409 cn �i S � L C 4 ^ i �_ a Ln ^ v 0 tn Q °o :4-J O N kn 4-J O �. a 44 cn v i m fp E cq E V c v L>- y civ m O E v ci C O S O0 �� [0 � � N � o (U � Vl V 0 w L � 0 i O t 0 t O fC s I- v E- u 4-1 >- a. NCR 00409 1=-OD7 7U 72T474vlAm NCR UP/RA 00554 NCR 00410 -1 i f � - i . 1 i } r i - i . (> i ` CERTIFIED MPY PUBLIC HEARING ON NEWPORT COAST RECOVERY, LP BEFORE THOMAS W. ALLEN, ESQ., HEARING OFFICER NEWPORT BEACH, CALIFORNIA MONDAY, JANUARY 120 2009 O RM"ORTMG SSE Wam., am �.T M� . car rHw►.5.!' www.proo i ss rs port; n p, oo m j NCR 00411 I NCR UP /RA 00555 F 1 7 i 4; i I : i : a I i. { 9 2 4 8 . 6 7 8 9 10 11 12 13 14 is 16 .17 1e 19 20 21 22 23 24 25 NI$9iP m COhn RZWMU - 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. MILLOAP, RPR, Certified Shorthand Reporter No. 9266. PRBCI= RUPORTM S==CE 800.647 -9099 NCR UP /RA 00556 NCR 00412 { -S i i -1 I 's 1 2 3 4 S 6 7 8 9 11 12 13 14 15 i6 17 18 19 20 21 22 23 24 25 M WROM COAST REWVM - 1112/2009 3 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 KIFr, Assistant City Manager DEBBIE LINN, Associate Planner JANET BROWN, Associate Planner SITYRtXY OBORNY, Administrative Assistant 3300 Newport Boulevard Newport Beach, CA 92658 -8915 (949) 644 -3002 IF== FATORTING SIMMCs 800 - 647 -90.99 NCR UP /RA 00557 NCR 00413 i �.i I 7 i y 1 1 i LAWYEM A07ES NCR UP /RA 00558 NCR 00414 i' i i jt E i c+t '.7 I 1 1; t7 1: 14 1: if 17 is 19 20 21 22 23 24 25 MMPM POA6r RZCi09ffitT - 1 /12 /2neo 1 NEWPORT BEACH, CALIFORNIA; MONDAY, JANDARY 12, 2009 2 4:00 P.M. - 5:50 p,M. 3 MR' ALA: I'm oin to S 4 open the hearing for 8 the Newport Coast Recovery Facility.- I'm going to 5 reconvene. This matter was continued from December 8, 7 2008, until today. Again, I'm Tom W. liken, the B appointed gearing Officer for this matter. The agenda 0 for today has been posted and is available outside, as well as the reports. L The first matter on the agenda is the presentation by staff, and i presume Mr. ICiff will I commence? MR. RIFF: Yea, Mr. Allen. Thank you. We'll do -- as we have in the past practice with these hearings, we'll do a brief backgsound.on the ordinance again, presentation on the Newport Coast application. Then the Applicant, at the. Hearing Officer's invitation, is invited to coarse up and make comments. The public hearing, remains open, so this allows anyone to came up and offer comments again. Comments are limited to three minutes, unless the Nearing Officer determines otherwise. Then we close the public hearing. The applicant can come' up and return to rebut MFACXSN RgElCMING BERV CE 800- 647 -9099 NCR UP /RA 00559 41 4 NCR 00415' 7 'v I• 9 i 31 i i .y 3 1 i �•j i' F f f 11 13 15 13 14 is 16 17 is 19 20 21 22 23 24 25 HMPMM COU r FARO tY - 1/12/2009 i or clarify commute made. And then there's time for the 2 Searing Officers questions to the staff or to the 3 Applicant. And then possibly a determination, approve { with conditions, deny or continue to a date certain. a !lost of the folks in the audience have seen i this before, but this is a group residential use permit 1 hearing, .held under 20.91 (a) of the Code. And basically, I it says that any existing operation like this one, I 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 Nlemsutary 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 PMWXSR R$P01 3r=3 C SffiiVICR 800- 647 -9099 = ► [y:411:11 ZT-111111-f-If 51 NCR 00416 6y t i f i a i i i i i I t i i E 5 id 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MMPMM COAST FMC MW - 1/12/2009 6 L I6th. C This is Narconon's 49-accupancy. facility. I That's subject to abatement in February of 2010. And I then there's some other facilities that did not apply for i 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 Linns the planner who worked on this application. 148. LIM Thank you, Nr. Riff. This is a continued hearing item from December the 8th, and the hearing was continued due to the fact that the application at the time was incampleta and the required materials for staff to complete their analysis of the proposal were not included in the package that was before the gearing 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 1'RECiSR FJ&TM=Q 8S[iVICB 800- 647 -9099 1►[�:i�1�l:L�ihh�� NCR 00417 , t i i f i i , s i i t i } k.? a i) 1 A 3 4 5 6 7 8 9. IO li. 12 13 14 18 16 17 1s 19 20 21 22 23 24 23 XMWOW cohST r4 I 3COVXRY - 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 base, license for 29 beds, but this application has been submitted as an 18 -bed application. for the use permit.purpoass. After analyzing the proposale 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 recaamanding that the application could be approved more in compliance with the state or with, excuse me, APA-tequirements 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 recosmanded 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 MWISR FJMORTM SM=CX 800 -647 -9099 NCR UP /RA 00562 71 NCR 00418 1 I j li 12 13 14 IS iG 1.7 18 3.9 20 21 22 23 24 25 NMFRM COAST FJKZVAW - 1/12/2009 these conditions Of approval, if add6d 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 tothese conditions. Because as conditions, the project .could be determined to be in compliance. For the Most P&Xtj the significant conditions of aPP=Vai- pertain to parking. There had been some concerns expressed at the public heating regarding Parking. The facility.bas enough parking to meet I the Cods.requiremaute for the facility. However; we are aware, based on their operational statements, that they do weekend counseling of family members. And4or that reason, we . have required them, as a condition of approval, to obtain permits to take care Of visitor parking on weekends. And 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 PJ=XSV FMPCRT= =M CE 000-647-9099 8.1 NCR 00419 I' 1 I, r- 1 r i 4 5 6 7 e 9 10 11 12 13 14 15 16 17 1s 19 20 23 22 23 24 25 bIgNEWi' Cohn 10 70 OM - 1/12/2009 application from a curfew of li 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 6 and 5 normal work hours an well. Trash pick up being limited to those baurs. That their State licensing be amended to reflect the 14 -bed maximom 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'saudible 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'tbat 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 Ptt =$z MM M330 SMICE 800 -647 -9099 NCR UP /RA 00564 91 NCR 00420 1 2 3 I' 1 I, r- 1 r i 4 5 6 7 e 9 10 11 12 13 14 15 16 17 1s 19 20 23 22 23 24 25 bIgNEWi' Cohn 10 70 OM - 1/12/2009 application from a curfew of li o'clock on weekends and 10 o'clock on weekdays to be 10 o'clock p.m. every day. We've specified that the route plans for their vans -- for.their one van that takes clients to about four locations during the week off -site to be adhered to. And that the deliveries take place only "between 6 and 5 normal work hours an well. Trash pick up being limited to those baurs. That their State licensing be amended to reflect the 14 -bed maximom down from 29, which represents a 50 percent reduction in their licensed beds. That they enforce their policies now in their rules and regulations regarding profanity and lewd behavior, to keep -that enforced; that-that not be allowed to be expressed at a level that'saudible beyond the Property so that it might annoy neighboring residents. And smoking to be restricted to the designated area that they described in their application, which happens to be a courtyard area that'-s completely enclosed by walls but open to the sky. And'tbat smoking outside of the facility be completely prohibited, and that be implemented. We added a condition of approval that would allow the City to review this conditional use permit, if approved, within six months of the final approval of the Ptt =$z MM M330 SMICE 800 -647 -9099 NCR UP /RA 00564 91 NCR 00420 I j a 2 7 lie 13 14 is 7.6 17 is 19 20 21 22 23 24 25 RIMPOW CORM RECOVERY - 2/12/2009 101 conditional use permit in order to datemine whether the conditions: of approval that had been set forward here and Possibly adopted today are being enforced, if there are any further problem that may be reported to the Citys so that the City's Hearing Officer may review this in six months -and make that daterminatiun-as to whether the facilitj.is-being operated according to the conditions of approval and in a-manner that's coapatible with the neighborhood. And then the condition also requires that the. application be or the conditional I use permit be reviewed annually thereafter after the first six months. So we tbQUgbt that that would help reinforce the City's ability to evaluate this in the event that it's approved. And with that, staff has reconownded that the application be a -- that you direct the staff to prepare 3 Resolution of Approval with the conditions of approval an proposed. That concludes the presentation. if you have any questions, we can answer those now. MR. ALLEN: I don't have any questions at the present time: Any other staff comoents; before we open public hearing? MR. KIFF.. MR. ALLEN: All right. Let's proceed with the PR8CIBB 309PORYM BERVZCX 800-647-9099 NCR UP/RA 00565 NCR 110421 i 71 i t' i� i I ! t %3 i (i f � r 1 2 3 4 A 6 7 B 9 10 �1. 12 13 14 18 16. 17 18 19 20 21 22 23 24 25 qtr. COO `REY70VM - 1/12 /2009 it ,.public hearing. we'll follow the Same format that we have in the past, where people can aome..forward on an ad .hoc basis, and.we limit the..coments to three minutes, so pleaae.be concise and to the :point, but take time to make your presentation'. MR. $IFS': Mr. Allen, just one-point of clarification. You would potentially have an opportunity, Your choice, to have Applicant speak first and than the public -- or the Applicant bas spoken but -- MR. ALCM: That's right. Thetis probably a �ppropriaate.. if the Applicant would like to make a presentation now and in response to the staff comments, lets do that, before we.move forward with the public hearing.. MR. NENMAN:. Good..afternooa, Mr. Allen. My name.that Mike Newman, N- a -w -m-a u. 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 faata; 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 8RE01SM • fiRMCR, 800 -647 -9099 NCR UP /RA 00566 NCR 00422 i ;j r s � t i 1 i s i i i 2 2 2 2 MWPM COX" MCCOMY - 1/12/2009 12 1 beeul the principal there, they have not had one Problem 2 with Newport Recovery. Not one problem. She assured us 3 that if she had any problems with my rehab facilities, it. 4 will. be dealt with immediately. 5 That's supported by the Newport beach Police 6 Department. There have been no reported problem. Not 7 just with Newport Coast Recovery but any rehabs with B Newport Elementary school. 9 Furthermore, the principal stated that she 10 knows•of no students, no students that have left that L1 school because of any actions related to rehabs. This is L2 fact. This isn't just thrown out there. This can be L3. verified through the school. C4 The school Yards. That seems to be a big LS concern, the blacktop behind the school on the weekends. L6 Our clients have been instructed never to. use that .7 schoblyard, basketball court, or adjoining equipment. We .8 take our clients to the gym three days a week. .9 Participation is mandatory. They're encouraged to get 0 all their exercise at the gym, because there's very 1 little down time for them to do anything else based on 2 their treatment schedule. 3 In regards to traffic and vane, as was stated, a we only have one van.' They are not parked all over the 5 streets. There's not numbers on them. There's one van, PSMCISR RIVCFA' = SIMMCS 800 -647 -9099 NCR UP /RA 00667 NCR 00423 / RRIPBORT CORST RRCCVMM - 1/12/2009 MtECM R8PMTING SSRV= 800- 647 -9099 NCR UP /RA 00568 NCR 00424 13. 1 and that's the van-that transports our-clients. -� 2 In regards to our trash,'we have a private 3 trash service that picks up all our trash. We don't 4 burden the City with any of.that extra refuge that we may :. 5 have .on our .property. And we have no need to throw our 6 refuge in the nei ghbor'a garage cans. And if that 7 happened at some times I'm, very sorry;for• that. But it's I43 I 8 a not a Ommon practice, and it's not something that we g have our client# doing., We have a big garage receptacle 10 right outside our facility. ' 11 80136 people -- what really concerned me is s , 12 someone came ,up here and talked about clients threatening 13 neighbors. That came up in the staff report that I 'read. 14. And again, Vve talked to the Newport Beach Police 15., Department. There's not heen one incident reported of ' 16 any Newport Coast Recovery client threatening any 17 neighbor. If there was any report like that, I certainly i 19 would have gotten its and we would have dealt with it. ,a 19 And Certainly we would have heard about it through the 20 Newport Beach Police Department. It would have been 21 investigated thoroughly, I promise you. 22 In closing, I'd like to leave you with a few 23 factual docusented numbers for the year 2008. And this { 24 isn't Costa Mean. This isn't any.adjoining city. This •, ti 28 is Newport Beach. MtECM R8PMTING SSRV= 800- 647 -9099 NCR UP /RA 00568 NCR 00424 OOA" =00MY - 1/12/2009 NCR 00425 NCR UP/RA 00569 i .14 1 952 arrests for drunk in public in Newport 2 Beach in 2008, 276 drug abuse violationso and 677 DUI I a 3 as Of.December 31st in Newport Beach alone. 4 These aren't Just people 001fting 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 wall. And if you look jot our newspapers, the Daily 9. Pilots' every,yeduesday, youg, I 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 t . reat"t- These are People that are looking within 13 their commmLty for treatment. 14 1 havethe statistics, if YOU guys would like 15 them. I I a so have saw letters' from neighbors which loll 16 give to the appropriate person so they can be made part of . the Meeting- And I look forward to any cpestlona, and is IBM happy to address anything else. 19 MR* ALUM: Thank you. 20 And that Mention of letters . raises questions. 21 .a Ws'Ve had a 71=60r Of 004mmicatims that have come in in 22 the form of e-=LjL., primarily. I believe that should be 23 Made a Part of the record of this as well. 24 MR* RIFF. I,.Il go over just SOMS Of those that 25 IS I*c*:Lvod without getting to the substance, is case PFA=sz SEMCE 900-647-9099 NCR 00425 NCR UP/RA 00569 i I' i I Yj •sa : 1 2 3 4 g 6 7 .8 9 10 11 12 18 14 15 i6 17 18 19 20 21 22 23 24 25 COAM r4KX)M= 1/12/2009 15 those people want to make equivalent testimony. We have a letter from Larry Nathan that I provided earlier today. We have an e-mail correspondence from a No. Lori McKinsey. I have as a -mail correspondence fram a woman named Suzanne. I forwarded that to you as well. MA..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 Jeffray Myers. I Provided those to you as well. And I have aamaa of those Photos up here on the screen, too. I have soma correspondence from Denys Oberman, in addition to - and additional correspondence from Jeff Myers that's not just photos. So that's kind of a au®ary 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 cans iaf in that correct? MR. KIFF: That's right. PF41MSM VXPQ89M SXMCB 800- 647 -9099 NCR UP /RA 00570 NCR 00426 i i 3 i t , I Tj .) I t , i f•: , r, i' t� I t i F. 1f 1] U 18 14 15 16 17 is 19 20 21 22 23 24 25 UVMT COAST RRCOVWX 1/12/2009 L MR.' ALLEN: Okay.. 2 MR. LAYERS: And the video. MR. ALLEN: We'll take a few minutes to look L through.that in due time. Anything else from staff? i MR. -XIFF: No, air. MR. MJ": Let's proceed with the public I hearing, then. And again, we'll open the public hearing, and each person has three minutes to speak. Please canoe :forward -and give as your wisdom. MS. I4[GBFit4: 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. M8. INGHAM: Sure. I- n- g- h -a-m. MR. ALLEN: Thank you. MS. INGBAM: 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 somethiag at Newport E1. Because we're new to Newport E1, our son's a kiedargartner, 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 V=CXSB R88pR4'I= SMMCN 800 -647 -9099 NCR UP /RA 00571 16 NCR 00427 .'f 3 i i I i i; M 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 2S NWPCtT COAST RZCOVMM - 1/12/2009 17 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 babits, such as smoking, profanity. And it's just those are behaviors that we all too often witness in our cammannity. 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. PM=83 1RSORTM SERY CS 800 -547 -9099 NCR 00428 s i I., f� j '•l !ti 1 15 9 I i 's i, M, i' 1, 3 4 9 6 3 8 9 10 11 12 13 14 115 16 17 18 19 20 21 22 23 24 25 iT COAST RNWV=Y - 1/12/2009 18 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 eur 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 last too-macb loitering and unhealthy behaviors, such as smoking, cigarette butts, that, again, just are not appropriate for a nurturing euviromaent, such as a school and a city playground for our children. Thank you for your time. MR. 7LLEH: Qaick 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 baais he had to make a• determination that the people that were doing this were, in fact, rehab clients or -- MS. INGHAM: Yea. Do you want to speak? MR. INGHAM: Sure. MR. ALLEN: Good. 800 -647 -9099 NCR UP /RA 00573 NCR 00429 I NCR 00430 NCR UP /RA 00574 i i F i 1 F ' i MRPOiRT COAn XICOVERr - 1/12/2009 19 1 tat. INGNAM: Yeah. It was on a -- 2.. MR. AiLIH: Plessa identify yourself for the 3 record. 1 4 MR. IVGBAM: Sure. My name is Jeff. Loot name ..; 5 is Ingham, I- :►- q- h -a-m: 6 And %.believe it was-on the day before -- the 7 Saturday before_the..holidays, and '% had taken.my son to k6 8 the park there at the school to play on the playground, } 9 which I do .typically. on.Saturdays. 10 I typically come on Saturdays and Sundays. And t` �- 11 y. group sessions held at the what the tend.'to have is the 4 12 park. So there are about 100 people. I actually have i - 13 photos of 100 people outside. And they generally go off, 14 away from the blacktop, to smoke. And they also smoke on ig both aides of the, blacktop, in and amongst it. Now, I 16.. can't tell you which recovery group it was, per se, but 17 it's generally -- it's 100 people that circle all around e 18 the school campus. 19 And the specific profanity was -- and it was in i 20 conversations in -- in and amongst -- I guess it was on 21 14th Street, right adjacent to the playground, someone 22 yelled the F - -- word four times in a row. And it's just 23 like, do I really have to deal with this while they're on 24 their smoke break? And, you know -- so anyway, that's " i i 25 the gist of it. 1 M1 nor, cso VzVQRTM SxMCB 600- 647 -5099 NCR 00430 NCR UP /RA 00574 i i F i 1 F ' i 1► [y :i�1 �l :L��LI•iN� HXMPWM 'COUT :RM00V=Z - .1/12/2009 20 ` 1 MR- ALIEN, Okay. Thanks, -the xed 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. a6 MR. INGWW: 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. j 9 MB.'INGAAM: The content of the conversations, ! 10 sometlmas you can hear what sounds like might be a -- I 11 don't know enough about the process, but what might be i i s 12 called like a counselor, or-somebody maybe who has been 18 in the facility for awhile maybe talking to somebody who i 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. i �.� 1146 ' Because, of course, at Newport Beach, we get a 17% lot of people coming to visit. Who knows where they are 18 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 j PRECISE RREmnu mwxcx 800- 647 -9099 NCR 00431 1► [y :i�1 �l :L��LI•iN� 1 2 3 4 7 10 11 12. 13 14 is 16 17 is 19 20 21 22 23 24 25 HIMMOM zDART MKOMM - 1/12/2009 21 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. INGAM: One thing to add, I do have pl�ot 00, if you electronic Id like to a se them,.but I don't I . have printed copies. MR. ALLEN: Thank you. Anyone also wish to speak? MR. LISKIN: My name is Matt Liskin (phonetic) I live on the Peninsula. And rhave a couple, specific, questions that I hops:you can ask the Applicant. This in about our lifestyle and cosmunity. -And the first question is, he quoted the crimes;statiatictin Newport. I'd like to know, A, or to point out, the issue ,here is "erconcentration. .1 think,a bet-ter 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 hiVa serving a need of Newport, he has census, I'd like to ksow,.what . I PRRCXM 38PCRT= SZRVXCZ 800-647-9099 NCR UP/RA 00576 NCR 00432 NZNPCRT-:COA T KNOOVERr - 1/12/2009 22 I Percent Of his census annually is from people from 2 Newport Beach? I think that's all information which is A easily obtainable. 4 finally,, last time we were here, it was pointed '5 out that tfie gentleman spent $200,000 fixing the facility G UP. I have to say, if you look at his revenue line of -7 his busine3a*.tbAt would be fairly immaterial. And I a think that's somewhat disingenuous.. 9 And finallyr.asyou can sense it in my voids, .10 it was said earlier that these are nod - violent criminals. 11, violence is something which we all associate . with being 12 struck. Bat I think a greater violence, actually why -13: these people are here, in emotional violence. 14, And the emotional toll that these people put on 15 their families is the result, in many instances, that 16 they are here. And, unfortunately, that emotional toll 17 is being put in this ocnm=ity on an overconcentrated 19 bAsiB- And I don't really think thatFs particularly 19 fair. 20 It should be dealt with in a non-concentrated 22 way. And I think'if we got to the bottom of the numbers 22 1 Just asked, I think that we can see that numbers, yo . U 23 knOwf can tell a Couple of different stories. And r 24 think we should look at the forest# not these trees. 2$ Thank you very much. PRZ=83 RZPOVMMIG 93MVICS - 900-647-9099 NCR UP/RA 00577 NCR OOM' 3 .4 5 7 .10 11 12 13 14 1$ 16 is 19 20 21 22 23 24 25 N=PCRV,ODRW MWOMMY - 1/12/2009 231 MS_ IBACICII: -My name: in Pan Bacich, and I live On the Peninsula. We. own property directly behind this Particular rehab facility. I did send a letter:befoie the last hearing, because I.wasn't able to be there. And 31 didn't hear it referenced. MR. RIFFS I Im. sorry. We did receive that.: IM. BACICH: -fte of my main points in that was that — MR- ALLEN:. Are you the duplex owner? DWICII: We. are. MR. ALLEN: Excuse me. Thank you. M$. 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 acme, of the People at the rehab facility. And they left subsequently because they'vere 80 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 PRAM= RMXMV=Q ZNXVXCM 800-647-9099 1 rg T I T) = { i i : i i i i i 's : i i i i 1 2 3 4 5 d 7 8 10 11 12 13 14 15 is 1? 18 19 20 21 22 23 24 25 MUPORT COAST RXCOV Y - 1/12/2009 24 we were turning tenanta, 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 we'en'% ongoing Problems and ongoing conversations that we were having with them. MR. ALLEN: Anyone else? MS. MORRIS: Hi. My name in Jill Morris. Do YOU want me to spell it? And It too, an 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, "Mammy, what does 'shit' mean? Whatis 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 man.' 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 PRM=SM RMPOR=NG SMRVICM 800 -647 -9099 NCR UP /RA 00579 NCR 00435 f, 3 i i ,, i i e W3 t 1 2 3 4 5 8 7 8 9 10 11 12 13 14 is 16. 17 18 19 20 21 22 23 24 2S MWPORT LOUT FJ=M RI - 1/12/2009 251 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 aoms 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, "Bey, 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 as= 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 Hatt says, you know, it's so condensed, there's so many beds between PMIM IMPOP M SzMCH 600- 547 -9699 [y :ill �l :L`Z�hlf�iC NCR 00436 3 1 4 e3 I 1 2 2 2 2 2 2 . . WWVOW OMST RSWVM - 1/22/2009 261 I 13th Street -a- I believe 11th Street and 13th Street, 2 there's so many, you know. Maybe we could limit them 3 down to a smaller number. And it's also a concern that they are across the street free our school. I It's just very congested and trafficky. 6 And I do — I understand that the gentleman I back here said that he has one van. I live on Lido Islet B. and t see probably tea vane a day when I'm driving I around. So I do know that -- T was actually behind one D on the way here. So I do -know that there are quite a L few—And I'm sure they are fry all the different types Z of rehab places, but it does cause a lot of traffic in 3 the area an wall. 6 So that's all I have to say. Thank you. 5 MR. MMS: Rello. my name is Jeff twexe, 6 M-y-e-r-s. I*d like to take a moment to introduce you to I RY two children. This is Jordan. Sbalw 7 years aid. R And this is Ryon. Bets 9 years old. They are absolutely D fantastic kids. We live in a duplex across the'alley from the L facility. And we lived there for 10-plus years, and I 2 think the facility has been there for about 20 years, so MR. ALLEN- Excuse me. Do you live there now? MR. MYERS: Yes. PFJ== JUBNOP47M SM C3 B00 -647-9099 NCR UP/RA 00581 NCR 00437 :t i i 7 i i i i s i i i 1 2 3 4 5 5 7 8 10 11 12. 13 14 is 16 17 18 19 20 21 22 23 24 25 NEWPORT COAST POW= - 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. b 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 8th. Specifically on this DVD -- I don't know, Dave. Can you .play that? MR. KIFF: Let ne.make sure I have the right understanding of the DVD. The one:that I have is a replication of-photographs. It'a not a movie. MR. MYERSS 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 -- MIL KIFF: Okay. I don't have access to it. MR. MYERSs Okay. MR. KIFF: If there's "a way we can figure out how to do it with you, I could put it oa the screen. MR. MYERS: I didn't bring it. MA. KIFF: I apologize, Jeff. I was confused. I had your CD. And again, it was just a series of PRSCI" PZWORWXUG SEttiilCW 800- 647 -9099. NCR 004.38 z i f, i 4• f� •7 I i; i� i i s .r e e 7 6 9 10 13 12 13 14 1S 16 17 18 19 20 21 22 23 24 2s IUMPOR'1' COAST R VM - 1/12/2009 Photographs, kind of faded. MR. MYERS: It's a DVD video. MR. KIF6: 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 gat it considered and let the Applicant have an opportunity to respond to it. MR. MYERS: I.don't understand why it's a problem if I submitted it on the 8th, 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 U -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 P==83 MUFMIM samcs 900- 647 -9099 20 NCR 00439 a e,a i r t j ! a 5 6 7 e 9 10 11 12 13 14 is 16 17 19 19 20 21 22 23 24 28 WZKFORT- COAST MCOVMY - 1/12/2009 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 roan, which faces West Bay. 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 in. 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 night and say, "Key, 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 DVDY M=32 VWVOR VXMQ SXRVICZ . 800 -647 -9099 ,;,rFit f i s i i t sc It lw 14 is 16 17 is 19 20 21 22 23 24 25 MWPM CORST VZCDV=X - 1/12/2009 L MR- M=S: Probably seven or eight mouths a ago. MR- WAM, okay. And you've described it I quite wall, it sounds like, to me. MR- MYXR8: You need to am it. it is F incredible. MR- ALLEN: I understand,. but you have I 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. ALL=. 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 tax years. There's another facility going in next door tome. Vm being completely surrounded by recovering addicts, which is fantastic for the , people who are.recoveiing, but What's haPPenilig 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 in why the City created this ordinance.' And your Job in hopefully to liqten to this and make Just Out Of it. Rut something needs to be done. Please watch this on before you rule. jm=rsx mS8=Xma SZKVXCZ 000-647-9099 NCR UP/RA 00585 301 NCR 00441 I i �LO r s f i r. 1 2 S 4 5 6 7 8 9 10 11 12 P 14 15 16 17 18 19 20 21 22 28 24 25 DUORT COAST RMCOVBRT - 1/12/2009 31 Thank you. NR. ALLEN: Thank you& MR. MYERS: I'd like to talk longer. MR. BRCICB: My name is Mike Bacich, B- a- c- i -crh. 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 right. This time, go ahead'. MR. MYERS: Thank you.- So during this video with'this music hlarring,, this gentleman says, "Bey, 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.hia, but I kept the tape rolling. And basically, you know, he didn't turn down the music or anything. And I complimented him, actually, an 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 PJUM= RSIIOR92= SBRVICS 600- 647 -9099 NCR UP /RA 00586 NCR 00442 FA y i •rA i t t 1, i i . , I 2 3 4 5 6 7 9 9 is it 12 1S 14 is 16 17 18 19 20 21 22 29 24 25 MMUKRZ COST 1/12/2009 32 time the music is hlarriag, every time somebody's smoking. I mean, I shouldn't be subjected to do this every five minutes. And yeah, I'm not one of these individuals that call the police and complain. You know, I went to Mike's door in my underwear in the morning and pounded on his door. And I told him, •Every time you gays wake me up, I'm going to came find you and wake you up or wake them up." And he was kind enough to resolve the problem. 'But I shouldn't have to do that still after ten years every day. -S6 is that the DVD? Can we patch that? It's short. Caw you play that, David? MR. ZIFF: No, Jeff. It sews like I just still have the one DVD you gave me that has the photos on it. MR. MYERS: There's no photos on the DVD that I have. it's just video. MR. KIFr: Okay. Someone gave me a DVD, I thought it was you, that has photos from behind Newport Coast Recovery. I'm sorry, that's the only DVD I have. So it's not to say -- you know, the hearing is until 6 o'clock arguably. But Counsel just advised me we need to be cautious about showing .pictures in public of people who PX=38 SWORTM 88RVIC8 500 -647 -9099 NCR UP /RA 00587 NCR 00443 I I i 1;a r r i i I! c i r 1 2 3 4 S 6 7 8 9 10 11 12 is 14 is, 16 17 to 19 20. 21 22 23 24 25 b16KPM COZAT FACOWIT - 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 ds on public Property. I think it's a free slot. MR. RIFF: .I'm not the attorney, Jeff. NFL. 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 say more tenants. Sc please do,aomething. MR. ALLEN: Next? MS. OBER?%M. Good afternoon. Mr. Allen and staff. Denys Oberman, I em .a. resident of the central Peninsula, ano.1 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 ==sm. RsPORTna SERVICE 800- 647 -9099 1 r , 331 NCR 00444 i 2 i ':, l E' i i W. c .a s I 7 E IC 13 12 19 14 15 16 17 1s 19 20 21 22 23 24 25 RMPOW FJWVMz - 1/12/2009 relative to.,the findings. First of all, the documents of 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 Riff; and he said. he would look into it. It would appear that those documents still have not been retrieved. And I an — 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 othersi. 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 COMU: 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, Tenaat Improvements, and work on gas lines, et catera, being done without permit and documentation 'thereof. It's. PRNC288 FmPnImm SSR7tCZ 800 - 647 -9099 NCR UP /RA 00589 741171M .f I E 'z I I. i I i i i t i i 1 t =UPC= COX= RECOVERY - 1/12/2009 35 1 documentation of noise. It!a documentation of complaints 2 about repeatedly loitering and swearing. 3 COWlainta. that were submitted to various City 4 departmenta, Code Enforcement. Most of them to John 5 Cepler (phonetic), but also to.aaiae others. Documents 6 Forwarded in .to the City Attorney's office, which were 7 handled - by:several.of hia;etaff members in that 8 department. Complaints made to the police departaient. 9 MR. ALLEN: Possibly there's a response from 10 f Mr. 'Kiff? Ii MR. Hopefully you'll hold Ms. Oberman'a 12 time? 13 MR. 'ALLEN: Yes. 14 MR. KIFF: I do, Denys, have about a seven -page 15 document from Jeff layers that he submitted that addresses 16 profanity, fire danger, parking, code violations. I have 17 80M material from you that also discusses items like 18 that. ' 19 So I think I have everything that's on the 20 record. We.tried to appropriately characterize that 21 Within the staff report, knowing that same of it is 22 speculation, certainly 'not all of it. But we do -- we 23 did consider it in the record with this case, 24 MS. 013EPJM.4 Okay. We don't see any evidence 25 that it's been considered, And I would be more than P801.I88 RE80Ri'= 8ERVICR . 800 - 647 -9049 NCR UP /RA 00590 NCR 00446 i� A ' 1 sa i.. F i F i i I i F F 5 10 13 12 13 14 is 16 17 is 19 20 21 22 28 24 23 MM MM COhAM R 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 keoord. 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 in-coupliance 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 xesidential 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 COP. And that COP 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 PFACM 2SPOW5=0 $ CZ 600-647 -9099 NCR UP /RA 00591 36 NCR 00447 -IN 1 ir) t� t 1 i 3 4. 5 6 7 8 9 10 ii. 12 19 14 15 16 17 . 18 19 20 21 22 23 24 2S BUIPM COAM' MC09NRY 1/12/2009 37 1 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 licensee. 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.'OSBRMAN: Thank you. I'll take it. MR., ALLEN: No, I've given you an extra minute and a half. So go, please. MS. OBERMAH: Okay. ALI 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 coWleted 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 PRN=SE.R$PORiXW SMMCN 800- 647 -9099 [y :ill �l :L��hI•�'Y41 NCR 00448 } 1 1 2 -IN 1 ir) t� t 1 i 3 4. 5 6 7 8 9 10 ii. 12 19 14 15 16 17 . 18 19 20 21 22 23 24 2S BUIPM COAM' MC09NRY 1/12/2009 37 1 permit that the City had required for facilities of this scale in nature and that was passed into local ordinance in 2004, that permit was never applied for or received as well. So we would say that this operator has been operating for some period of time avoiding, you know, getting the. required .permits and licensee. Secondly, with the findings relative to Parking MR. ALLEN: Would you please wrap it up. You've had an-extra minute and a half. MS.'OSBRMAN: Thank you. I'll take it. MR., ALLEN: No, I've given you an extra minute and a half. So go, please. MS. OBERMAH: Okay. ALI right. Parking. The operator contends -- I've got two more point. I'll make them quickly. Relative to the parking, the operator puts in his coWleted application that, in addition to the people that are going to visit and to the residents and to the faculty, that he is -- that he has AA meetings, which he cites to be of 20 people on the premises. There's no way Jose that there's parking available for that many people in that area. And then lastly, this particular operator has PRN=SE.R$PORiXW SMMCN 800- 647 -9099 [y :ill �l :L��hI•�'Y41 NCR 00448 } i #i 1 i i i l 1 2 3 4 s 6 7 s 9 10 11 12 13 14 is 16 17. is 19 20 21 22 23 24 2s MSWPM C'OAM 1ACOVMY - 1/12/2009 38! demloastrated that -- and even appears on a mission that he is unable to control the behavior or actions of his clients. And that's a major concern for an area that is an area that is dominated by families not only that live . there but families whose basic life function is going to and from school and playing with their kids involves being in that area. And we're more than happy to submit additional doementation. We`ll continue to do so. Thank you. MR. MATH Bello. Larry Mathena, M- a- t- h- a -n -a. And I did submit.written comments. Just make a few observations hopefully briefly. I want to make the observation -- and I have not heard any refutation of Denys' points -- that if there were a number of local filing requirements that needed to be made that were not made in the past, then, arguably, the current facility is, to some degree, illegal. And if it is illegal, then they are not an old facility. They are a new one. And arguably, a new ons should simply be denied, period. So if the assertions made are proper, then they are a new facility of excess size. It should be denied. Second point I'd like to make -- because I finally did sit down and read the APA document that is PRECIBM ALP MIND SXMCz 800- 647 -9099 NCR UP /RA 00593 NCR 00449 I' i i ,.0 i i { f" i i i L 2 3 4 5 •6 7 •8 9 xa 11 12 13 14 is if 17 is 19 29 21 22 23 24 23 IUMPM COAST .R ICOVUX .- 1/12/2009 391 the.basis, evidently, for relying on how .these facilities can be. Per that definition, this facility, and frankly everyone else we've sees, 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 docuoaeat 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 come 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, 'We )Mow 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 PR== XMKMT ifi MMICR 800 - 647 -9099 1►[y:i�1�l:L��hh�'L NCR 00450 iI �a s :a a� s 1 a '? f i s 1 2 3 4 S 6 7 8 .'9 10 ii 12 i3 14 1S 16 17 18 19 20 21 22 23 24 25 ROMMM COST VSCOVgU - 1/12/2009 40 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 sea 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 tbat'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 8Z 1'l'=i SUN= 800 - 641 -9099 [y :ill �l :L��hI•�'I•i NCR 00451 t NCR 00462 I Nye COWT iaWUV=r — 1/12/2009 41 1 going to.happen. one is you're going to raise all sorts .16. the questions I asked are going to be answered. 17 2 of privacy issues, horrendous ones. 3 And secondly, what you're telling us -- and I'd %a 4 love to have the police cow in -- is to need to call the 5 police every time anything happens, because that's all 19 6 you folks seem to think matters. 20 .-7 And otherwise, we're continually subject to 21 A harassment, intimidation and the like.. And 22 THE COURT: Spell the last name? 9 it's — you're setting .yourself up that you're going to 10 need triple the size of the police force-because you will 24. 11 get those calls because you've invited.them. 25 121 MR. ALLEN: who would like to follow that? . PERCIM FaMMMM I 8MMCB 13 Anyone else?. Is anyone waiting to he last? Someone 14 raising their hand? NCR 00462 I MR. LISKIN: I'd just like to make sure that .16. the questions I asked are going to be answered. 17 MR. ALLEN: The Applicant will be offered the %a opportunity to respond to this after the public hearing 19 is concluded. Thanks. 20 MS. MC NEIsH: Cindy McNeish. I live on the 21 Peninsula. . 'r just have a very 22 THE COURT: Spell the last name? 23 MS. KC NEISH: *-c, K-e-i-q-h. 24. 1 have a neighbor and good friend whose two 25 children go to Newport Elementary. And she was picking PERCIM FaMMMM I 8MMCB 800-647-9099 NCR 00462 I t f I i I i i F i s F 1 3 4 5 S 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 X MPOM CQAn FMDVMY - 1/12/2009 . 1 421 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.frout 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.eaid, "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. Thia 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. IP88CI= .xKP=Tlllffi omtvxcz 800- 647 -9099 NCR UP /RA 00597 NCR 00453 I i; 1.� i s i , i i i i• ti I i t �•i I 2 9 4 '3 6 7 8 10 it 12 13 14 is 16 17 1e 19 20 21 22 23 24 25 16MPPM CMST RSC90o ZRT - 1/12/2009 431 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. Her Vattern of behavior was finally documented by the Newport Beach Police Department, as well as orange county superior Court. On June 3, 2007, Me. Oberman iras stopped for failing to stop at a stop sign. No big deal. The problem began when Ns. 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 thin directly relevant to this proceeding? Because we don't want to be here to impugn character . MR. NEWM : It's not impaping character, air. she's putting my address down of my facility, my drug and alcohol facility, is order to create a statistic there. PRBCXBE SM210E 800 -647 -9099 NCR UP /RA 00598 NCR 00454 o 12 is. 1.4 is 16 17 is 19 20 21 22 23 24 2S =WPM MAST FZCGVMM -4/12/2009 44 1 It's not a mistake. She did put:.down my address on.that 2 citation# and.she was cited for providing false 3 information to a Police officer.. because it was some flippant move on her part. S She gave a false address, and there was a reason for it, She was charged a misdemeanor for 7 providing this false information, and'she was released on 4 her Own recognizance. She.pleaded no contest and.paid a V 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 hat sat Across from me in meetings where I've told her, "I Premise I'll work with you." And she says, "Great." We were in attorney's Offi6es- She acts like she's a friendly person. MR. AL=:.. Let's go ahead and stick with the Conditions. MR. NEIMM 'Okay. So am we're going to go -t- 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. L We don't have our client a on that place PxffCr= REPORTIM SMICH - 900 -647-9099 NCR UNRA 00599 NCR 00455 i I i ! r r r i 3 r 1 2 3 4 H 6 7 8 9 10 411 K 13 U TS 16 17 18 19 20 21 22 23 24 25 . COUT Rix - 1/12/2009 451 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. `I 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 dut 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.thers before all these other rebaba. 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 21th 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 PRSCM RM80RS'M 81unc9 900 -647 -9099 NCR UP /RA 00600 NCR 00456 i 0 f S t i i I 4 12 is 14 is 16 17 le 19 20 21 22 23 24 25 bad 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. *jars that he, doesn't want there, and it's coming in after the fact. 30 now, not only is Mr. Myers paying the price for that* we're being told that we have to loiwer our bad count-go we don't have as high a concentration. When we came there — and we were the first ones therer there was no high concentration. We were it. Everyone else followed us. We don't follow everyone else. Audi 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 =as 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 in, a broker who sold the Property at 1602 West Balboa Boulevard and then comes here and says there's no way rehab should be within a thousand feet. These people talk about Profiteers. , You know, r don't t )m6w who i more of a profiteer there. Mr. Uskifi, 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 cansus Is. This is Private stuff. This is just like taking the pictures. PARCM XWORTM ammcm 800-647-9099 NCR UP/RA 00601 461 NCR 00457 ' 'OOAM "98COVEM - 1/12/2009 �tj NCR 00458 NCR UP /RA 00602 I i i f 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 g away from my facility. I don't know what problems we 6 cause him.. We don't walk by his home. I don't believe j 7. he has ch4dren in the: school.. And I'd like to 8 know -- he has all - three queations. I don't know what 9 we've done to interfere with his lifestyle. . i� 10 And the.people that I an interested in-are the 11 people that tell as that there's something we're doing i t 12 that is threatening their children in.a way that they. 13- can't live with it, and I don't believe that's the case. ' 14 The last lady who spoke said the principal had i 18 been there two years. She's been there for over five 15, bears. Okay. she's lying to us. Okay. ' 17 Anyhow, if there's specific questions that you ' 18 ,- want to ask that came up, I -- you know, everything that 19 was brought up -- we don't go to the meetings on the 20 beach. We're not on the blacktop. We have one van. . 21 We try to keep our people from going in the .. >a 22 allay, talking on phones, using vulgar language. We do 23 our beat. It will happen, and we will stop it. If that 24 happens repeatedly, we stop it, and we will have the s 25 person leave the facility. ' *==BE RZpmnn aamv= 800- 847.9099 NCR 00458 NCR UP /RA 00602 I i i f i I ') 2 1 4 5 i 8 3 I i i J.: I t� 3 a 7 :9 9 10 11 12 .13 14 is 1s 17 18 19 20 21 22 28 24 25 HMPM: MCOMY 1/12/2009 48: I scant 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 facilitye 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 leas 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 PSBCMSE F4UKMTM 5=9 CZ 900- 641 -9099 NCR UP /RA 00603 NCR 00459 B /. , i i i 1. i i i i 1 s i I i i 1 2 3 4 5 6 7 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 10WP0iM COUT MCOVXRT - 1/12/2009 49 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. Ober man probably knows -- you knows she seems to take a lot of pictures and has a lot of information about all the illegal things we've done. And I can: tell you, that shoe fits both feet. And a lot of things are going to be coming up.thers in the next few days that are going to make this whole situation a lot clearer.. But right flow, what I'm stating is that these people cane in — aud•I understand their problem with rehab. But it's not fair for every problem to be thrust upon us. We went. We've done our diligence. We've talked with the police. We've talked with the schools. The most important thing is we talked to the schools and the principal. And that's no way to skew that. Someone can stand out front and, I 11 tell you - what, she. can probably gat 200 signatures. Because there's not going to be one parent that she's going to go up to and say, "Bey, listen. Do you. want to have a rehab in your neighboxhood ?" I'll sign it, you know. That's what she wants. And that's what they're going to get. Nobody's not going to sign that, and I understand that. TAMIGMUM ACS 800 - 647 -9099 NCR UP /RA 00604 NCR 00460 I 7 3 S i' i j� I 1. i F � i i 3 2 3 4 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 FPM,. CORST RZCOVMM 1/12/2009 5o 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 he 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* 4W 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 meny.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 trilling to provide. But it is successful, it 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 PRECXM REPORT=G SEMC6 900 -649 -9099 [y :ill �l :L��hI�i4•� NCR 00461 PF== 72PORTM SMMCB 800-647-9099 NCR 00462 :XMWRORT COAM 14MOVIMM - 2/12/2009 51 the moment. 2 Mr. Liskin, there were allegations back and 3 forth. 'I think we're through with the personal issues. 4 MR. LISKIW: it's not personal. He asked -a 5 direct question, why an I concerned? ;6 MR. ALLEN: it doesn't matter. Everybody's 7 concerned for one reason or another here# and you don't a have a right to respond to that. Thank you. 9 Does the staff have anything in particular that 10 You would like to propose at the moment? 11 MR. HIM Well, I do have a couple of 12 clarifying comments that I hope might be helpful, A 13 number of the, what* roughly tan people that spoke* a few 14 many of them.asked questions, and I'll try answer those, IS and — with the understanding that I'm doing this as 16 they're speaking and trying to be helpful to you, 17 Mr. Allent in the guidance. A couple of folks made an inportant point about 19 the Narconon meetings that are on the beach, and 20 Mr. Newman referred to those as well. I agree that these 21 are a problem. 22 And it's been brought to my attention by the 23 Council member representing this arsaj as well as the 24 residents, that we used to exhaust all administrative and 25 legal abilities we have to make sure that either that use PF== 72PORTM SMMCB 800-647-9099 NCR 00462 1 1 ! .,< COAST RNOYMM - 1112/2009 L is contained in the matter that's not impectful to the 2 residents or goes away. The problems we face, of course, 2 is the beach is open to everyone. { But just so folks in the audience know, I have i tried to ccaannicate with Narc -- I'm sorry -- Narcotics s Anonymous. 1 apologize if I said Narconon. I did, but I 1 meant Narcotics Ancaymswss. It's am NA meeting. And I've I coaarauicatsd with Narcotics Anonymous to try and most I with the organizer and to address these problems as beat I we can. so please know that that's underway. The one gentlemau said he did have photos of those bsach 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. Hathena raised some interesting issues about the American Planning Association standard that I wanted to address. Ne did talk about the difference between a conmaUnity care .facility and a halfway house. I have to disagree with Mr. Newman. I do. think the Newpoxt 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 thin person is halfway PM M= il88C1lTm 88NV= 800- 647 -9099 NCR UP /RA 00607 521 NCR 00463 i r �- 1 t � it 15 i3 s 1: �, 16 �� 17 1 i9 4. F 19 20 21 22 23 24 25 COAST RNOYMM - 1112/2009 L is contained in the matter that's not impectful to the 2 residents or goes away. The problems we face, of course, 2 is the beach is open to everyone. { But just so folks in the audience know, I have i tried to ccaannicate with Narc -- I'm sorry -- Narcotics s Anonymous. 1 apologize if I said Narconon. I did, but I 1 meant Narcotics Ancaymswss. It's am NA meeting. And I've I coaarauicatsd with Narcotics Anonymous to try and most I with the organizer and to address these problems as beat I we can. so please know that that's underway. The one gentlemau said he did have photos of those bsach 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. Hathena raised some interesting issues about the American Planning Association standard that I wanted to address. Ne did talk about the difference between a conmaUnity care .facility and a halfway house. I have to disagree with Mr. Newman. I do. think the Newpoxt 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 thin person is halfway PM M= il88C1lTm 88NV= 800- 647 -9099 NCR UP /RA 00607 521 NCR 00463 i r 1 2 3 4 7 10 11 12 13 14 15 16 17 is 19 20 21 29 23 24 25 =Him cast ZWW=r - 1/12/2009 531 towards reintegrating in society. But I III try to put something up. on the screen to show folks what is coming. What the AFA 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 s- multiple family — that warrant the extra scrutiny proyided: by the use-,peXxit-0 30 1 don't know that I've characterized'it the saw 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 so, incompatible with single family, but the heighten scrutiny of a conditional use permit hearing," which is whft we're doing right now, 'is warranted to assure that the-propoaed 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 usea.n SO that's just 'backgra und an how we got to that statement in the ordinance a full year ago. MR. MTHERA: Excuse me. I feel compelled to P==M =IMMM agmum 800-647-9099 NCR UP/RA 00608 NCR 00464 I 0 IJ s s i i I i , I i A 2 3 4 5 S 7 8 9 to 1L. 12 13. %4 13 15 17 18 19 20 21 22 23 24 25 NEWPORT CORST mar - 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 lengthy document with a Lot of issues and a lot of ambiguity in it as wall. MR. FiFF: And I'm happy to re- review that. This is just, again, my cursory review of a document that we considered a full year ago. Secondly -- let'a see if I had another note that: folks brought up. I guess those are all the cents 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. NO could go on arguing and debating for days on this. My observations are the City Council, for the P1t0CI8$ RBPORTM SMEMC5 800- 647 -9099 NCR UP /RA 00609 NCR 00465 2 3 4 S 7 10 ILI 12 1.3 14 is 16 17 is 19 20 21 22 23 '24 25 IUMPM COUT FXCGVZ" - 1/3.2/2009 5,51 last couple of years, has been challenged by this ism, 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 beat 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 estALblish am a standards, and a lot tighter standards in many Instancesp incidentally, to allow the City to regulate these facilities, particularly that have heretofore been done clearly. The constraints that would be put an 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 bete 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 PFSJ=SR MMORTMIS SZMCR 900-647-9099 NCR UP/RA 00610 NCR 00468 1 i I i I �Y1 i, S .4 5 6 7 8 ..9 10 11 12 18 14 .15 16 17 18 19 20 21 22 23 24 25 MNEP a coan FacoV&R= - 1/12/2009 561 to:address and say this.is one ,too . many for this location. The Hearing Officers required to view the concentration alone as an issue. The Hearing officer's required to address the issue of the changing character of the neighborhood as a result of the use. And the Hearing Officer's also supposed to look at the .proximity of other uses, like schools, to the particular use. This one-has a school in clone proximity. It's close to at least one other facility. And I noticed in the staff report that it states the Hearing Officer's precluded from considering six or fewer facilities that are in close.,proxinaty, and I didn't quite understand that provision. I wonder if you could just quickly ..address that-before I go on. MR.. KIFF: Sure, Mr. Allen.. I apologize if. I've mischaracterized it. You're allowed -- and I believe the ordinance allows you to consider an existing six -or- under. The issue with this facility is that the 1217 West Bay facility is not existing yet. It's not in operatioa. We expect it to be in operation, but the ordinance doesn't aay to consider things that you expect to be in .operation. MR. ALLEN: Okay. That's what I thought was P93=811 R8PCF.71= SMVICB 800 -647 -9099 NCR UP /RA 00611 NCR 00467 3 I iOa ----- ----- 1 2 3 6 %7. 20 11 12 13 14 is 16 17 is is. 20 21 22 23 24 25 HMNPOM COQ M =09= - 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 begiining 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 amalle r ones. But that's just something that.has to be dealt with here in the isgIslative 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 Borizons is about 300 feet away. The concept of concentration, insofar as the American Planning Association standard in concerned, an 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 move 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, an I understand it. p9wron PiLTOPM= SzMXCz 800-647-9099 NCR UP/RA 00612 NCR 00468 I T 1. 3: 2( 21 2: 22 24 21 IMWPM COAST 1110OVERr - 1/12/2009 L Mr..Kiff alluded to the fact that there are 2 Some concerns that I've expressed with respect to minor S ambiguity but may be major significance with'respect to 6 this Ordinance and specifically the distancipq or 5 separation that can be __ that is to be applied. And ara:you putting that up on the screen now, F, by chance? MR. XUPP. Year air. AUM: : The particular issue that finds its I way here is that the ordinance recognizes and addresses L the fact that there are blocks in the City of Newport all t the way from 300 feet long to 1200 feet long. And it's' I necessary to arrive at some degree of standardization was I My Understanding of this ordinance: But I may not be absolutely correct in this instance. And Mr. Riff and apparently Counsel for the City, have Proposed an analysis of that in short order, so that it could be applied. MR RIFFS Mr. Allen, and for the audience, up on the screen is the text of the ordinance. And this is -- I apologize. It's Section 0 of 20.91(a)060. These are the findings that the Rearing 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 Rearing Officer needs to make a finding VMCXIM FARCMM 8111MCZ 000-647-9099 NCR UP/RA 00613 581 NCR 00469 I $,I i. . i' i i i i S 4a i 1 t 1 -2 3 4 5 S 7. 8 9 10 11 12 i3 14 1s 16 17 18 19 20 21 22 23 24 25 XWPCW CMST MOMM - 1/12/2009 591 that the use will be compatible with the character.of the surrounding neighborhood. In making this finding or sustaining a finding, the Hearing Officer" -- and then "if appealed to the City Council, shall consider as appropriate the following factors: First one is the proximity of schools and parks, outlets for alcoholic beverages." And so these are addressed in the staff report. "The second one is the existence of substandard physical characteristics of the area which the use is located, such as lot width,.set backs, at cattera." This proposed facility -- sorry. This existing facility is within the non- standard subdivision area that's depicted within the ordinance. And basically, .that is all of the Peninsula, moat of hest Newport and Lido Isle. . And then -- so if something is proximate to schoole,.parks., at cetera, and if it exists is the sub- -- non - standard subdivision area, then the Hearing Officer can decide, whether, in light of that, it's appropriate to apply the APA. standard of one to two such uses per block. . And then it discusses this concept that in 8 MX= R880RTIM SERVIC$ 800 -647 -9099 ►[y:i�1�l:L��LI�C! NCR 00470 I i i 1 .� 2 3 I �:3 i f I i i i 4� J 4 3 .6 7 8 9 10 11 12 13 14 IS 2.6 17 16 19 20 21 22 23 24 25 NHIIPM COUT 1/12/2009 Newport Beach, block differences -- block lengths vary quite a bit. The average calculable block length, though, is 711 feet. The median is 617. So then, it directs the Hearing Officer to apply the AEA 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. Arid 'then' there's an important sentence. it says, "The Hearing Officer shall retain the discretion to apply aay'degrse of separation of uses which he or she deem appropriate in any given case." And then it refers to the A4A 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 Q.B. 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 Pmcxn »i8G S]C mag 800 -647 -9099 NCR UP /RA 00615 NCR 00471 t 0 I I 2 3 .4 S .10 U 12 13 14 is is 17 Is- 19 .20 .21 22 23 24 25 NzMPOR!r cohn me►m - 1/12/2009 611 neighborhood characteristics, look the situation on the ground. lapologize. I know that's not helpful. It's -- it's something that MR. AUANs It's • descriptive of the problem we're .facing have. And it's -- as you can seat 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 thesausea.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 queption.about that. And itla:all . sincere and well intended, . I know. I am of a mind that this.matter should be denied. Mr. Kiffe 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 PM18M RZVMIXG SZRVXCE 900-647 -9099 NCR 00472 : j 3 3 i 3 t i 3 i j 3 !° .1 : ! 1 i 1 c: 1 2 2 2 2. i 2. 2 MPORT CORM M=VSRY - 1/12/2009 621 1 Horizons. You also could say that the proximity to the 2 Christ Church licensed day care facility, which is around 3 Newport 21 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 AM 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, is 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? i1 MR. ALLEN: Yea. 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? 1 You've given an interpretation that this is a I non - standard subdivision area, and ergo, this average 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. RIFF: Okay. ! MR. ALIM: But as I read that section, it's my { impression that the intention of the drafters of the Code i and, therefore, the City Council was to establish a PRtiCT= PZP0RTX G 8$RVICB 800 -647 -9099 ►[a] :411:1l:L191hI1k! NCR 00473 NCR 00474 NCR UP /RA 00618 3 i XWPOW Coal: RSOOVERY - ,1/12/2009 63 1 criteria in terns of the length of a block that's 2 .,applicable throughout the City. 1 3 So that if there's facilities up on the port 4 streets, the same number would at least be addressed, and 5 same.block:length would be viewed there as it would in 6 the Peninsula, despite the fact there's such a difference i7 in density betaeea,:let's say, the port streets or any g other large residential.. areas, like -Oak Shores and the 9 City, versus Corona del Mar and the Peninsula here, whose 10 there "s a lot more.people per dwelling unit or per a } 11 parcel. 12 And that's where I think the consideration of I 1 13 the -- or the discretion, I should say, of the Hearing 14: Officer would come. into play, both . in application of 19 number of beds and number of units per block that would �•u 16 be applied. 17 And r guess that's what I'm- trying to get 19 through here, because I'd like to have this resolution 19 prepared denying this facility.contain the proper block 20 application so that the City council understands what was 21 intended here, assuming this matter gets appealed. 22 MR. KIFFs I see. And the last several 23 sentences you said are consistent with the thinking of 24 the Council, I believe, that in this non - standard . 25 subdivision area — again, this is part of the Peninsula. t PRffiCISR BRRVICS 900 -647 -9099 NCR 00474 NCR UP /RA 00618 3 i I i t .a 1 , s s i 4 6 a 8 9 3A 11 12 13 -14 13 16 17 18 19 20 21 22 29 24 25 UMPOW CORM RWZVMY — 1/12/2009 64 1 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 cn the Peninsula was one of the ones that the City Council felt was necessary to address. .And, there fore, I feel as though, as a Hearing Officer, I need to address the concentration in this area. And so, I would request ox require that a PRBCIs$ pjmp nm 88RVIC8 800 -647 -9099 NCR UP /RA 00619 NCR 00475 f a , r i s:. i , , i i I + 1 i :$�a i.. 8 9 10 11 12 13 14 1s 16 17 is 9 20 21 22 23 24 23 IUMPM CLAM RZCOVMAY — 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. KIM. Thank you. Nell, I'll discuss that with Debbie and Janet, . and we will work with your caleudar..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 $till just be a formal adoption that would oommeace the time running for appeal of the whole thing: MR. KIFF: too ahead, Debbie. Why don't you . fill us in. M3. 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. MMIBR IMPORMM BRRVICR 900- 647 -9099 NCR UP /RA 00620 651 NCR 00476 i I� f i i; i y i i 9 3 9 4 a b e 9 10 11 12 iS 14 15 16 17 is 19 20 21 22 23 24 25 NEIMMT =ST 2fMMY - 1/12/2009 66 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 for me, If that gives you enough time to do this job. It's a big job. MS- LINK: Oh, tq draft of the resolution? Yes. It has to go -- MR- KIFF: San days. MS. LINK: We have ten daysi yeah. MR. KIFF: Doss that seem reasonable? MS. LINK: Sure. We!11 do it. M. 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 not forth in the staff report. Ocean Recovery and Balboa Horizons and the other owner recovery, the church down the street, alcohol outlets at E'rg's market, and again, at the American Legion, all of which are factors that work together. PRKCIsz RSBGEtT=G 2XM=Cs 800 -"7 -9099 NCR UP /RA 00621 NCR 00477 i i s I7 1 1 i ' s ,1 1 2 3 4 b 6 7 e 9 10 11 S 14 1s 16. 17 is 19 20 21 22 23 24 23 1OEiFB W COAST RSCDVZU ..1/12/2009 671 A lot of emphasis, franc 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 thiuk 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 also to add? MR. MIFF: 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 frm here. MR. ALLEN: Thank you. And we're adjourned. PRRC M SMECRTXM BXRQICR 800 -647 -9099 NCR UP /RA 00622 NCR 00478 i i i 1 i t i t , i PO i i 3 i- 1 2 3 4 8 a s 9 10 11 12 13 14 iS 16 17 is 19 20 21 22 23 24 .2a MWPCW COAST RSOMW - 1/12/2009 (Ending time: 5;33 p.m.) PFJKMW REPCRSma SERVICE 000 -647 -9099 NCR UP /RA 00623 NCR 00479 1 1 i I I i I t� s y l z 3 4 5 6 7 8 9 10 11 12 3.3 14 15 16 17 1a 29 20 21 22 23 24 25 I, the undersigned, a Certified shorthand i 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 directions further, that the foregoing is an accurate • i 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. Iii WITMSS W1ShLRSOS, I have this date subscribed my name. I a h- NJ llsap, RPR CSR No. 9266 NCR UP /RA 00624 NCR 004hi0 NCR 004$9 NCR UP /RA 00625 °a ;i i I I. 1' E i , t m nl ahatemod 0) . 6.3 m 5125 daw(1)10:13 "(5)172 23 :42520 2920 TJ :11 14) 50:15 58:13 abomMI4:2 accept(Q3922 seem(1)27:19 503 accurate (1) 69:12 Act(3)34:19 365,7A udlom (Z)bS21 69:15 383 aed**(2)35:2 55:3 acb(1)44:17 aepud(1)4421 ad (1) 112 add(3)21:6 67:13,14 added (3)&1,20 9:x1 addicts (1)30:16 addtpoa (3) . 15:1637:19 67 :15 addldsnal (3) 15:17203 3 &8 addrew(13) NEWPORT COAST RECOVERY — 1/12/2009 112014.18 43.1"44.1 445529,18 56:2,5,13 64223 addreped 59963 #his (3) 33:1555:6 58:10 adYasd(I)93 04 (2) 17:101931 wqob&grn 121713324 adjowned (1) 6725 adodubkAtiva. 3:951:24 adopted (2)10.3 6520 Adapdon (2) 65:13,14 adO(1)573 advanced (1} 5724 32:24 a>1§rd (2)33:13 33:13 a0anneen (3) 1I:1516:11 33:16 a8e(3)24:24,24 ■peas. (2)4:8 Np (5)17:13 23:1430:2 5324 5411 agree(2)4&11 5120 abead(3)31:8 44:18 65:16 almhol (4) 145 401,625 a (1) 59:8 finGpdow (1) 51:2 Allen(74 )19 4:4,7,1410:21 102511:6110 11:15,1714:19 15.7.22 MIA 16:7,11,14,17 18:15,19,25 19220:1,5 21923:9,11 24:102634 27 :128.'1,13 28:1929:24 303,7,11312 31:8 33:15,16 34:15359,13 . 37:10,1341:12 41:1742:16,24 43:2044.18 SUS 51:417 54:6,16,20 56:16,23 589 58:19,24615 62:10,14,23 64:1666:12 66:1,6,16 6725 alley (8) 24:4 26:20290 ?9:12,1$22 31:2447:22 aftw (4)9:24 559 6023 Q-7 anew"(1) 720 allowad(5)914 45:4 53:5 55:175617 aBm(2)421 56:18 . a nded{1)38:1 unb4low (3) 54:758361:7 amended (1) 99 Sh17,23 57:15 6624. aaeaaat(2)17..7 203? a dydl(3) &17 7:158:17 nxbft (E) 7:9 Angeles (1)33 nupy(1)25:15 amNM-0:16 SMW*(I) 10:1222:1 Anoupwas (3) a (5) 10 42244622 50:24 51:14 •gym 41:16 39:1750:15 mww" (1) 19:24 APA(10)7:16 38:25 32:21 53:3 54:17 5933 60:5,13 62:6,7 27:2A SU S&16 3821 61:3 apparent (1) 64:17 appu=* (1) 58:16 appesl(Z)ftI5 PRECISE REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00626 a 67:17 sire :21 ) Appeals(!) 60:20 appear (1)341 3:1 app"U (1)38:1 appmobb(2) 0-1963:2 41 = 5(-3 6:227:611$9 11:1121:13 28:10,193921 41:1742:18 67.17,72,24 Appliaat'e (1) 720 appnedbil" 4:18 6:12,16 6:23M 7:4,5,7 7 %%149:1 9:1810:11,16 36:737:19 61-7,22-63:14 63:206544 applied (7) 531 37:3 545 583 58:1862:16 63:16 appl9(10)5.9 6:4 399,16 53215923 60:5,11,15,17 appolm" (1) 4:8 appreetats(1) 3920 apP bedded(!) alf ed (1) 6121 NCR 00482 s E t Y c : J 1 In �Y i i s 1 :• i" mppropdde(i..: 11.1114.16 " 17.1518:11 39:1242:18 59,23 60:12' 629. appropdtely._ 3520 approval(13) 7:12 8:1,1,8 8:15,19,73, . 923,2510;$ 10:17,176712 5 '-18 7:1595 1034 33i1apRr . uea(21)9:I8,19 20M25:18 26:19 31N 301A7 -50M 51:23 59:12,15 59:2163:18 63:25 64:1,3 64:18,20,74 areal (1)63:8 1i o aim 5423 arreded (3) 14 :1050:17,18 Wmeata (2)14:1 21•.22 a:rivo (2)7:1 58:13 ' Wdedded M 66:17 adel(4)A= 41:1651,14 wardom (1) 3821 NEWPORT COAST RECOVERY - 1/1212009 39 ="dabe(3)3s 3922:11 ==law (1) 61:12 Auodadn (3) a12:17,74 57 :15 awaee(1)25:1 3925 63:21 2Umd(2)43:4 64•lg attwom (l) 51:22 69:16 adameya (1) 50:11 35:64416 m4lb a (1)$:15, =mmtio)ss . 52x158:19 araO2blem49 37:2,3 Avmao(i)3:5 aW&W(2)602 Q19 avditg(1) 37:6 omm(2)8:12 1690 asbYe(1)20:13 a.m(1)822 (7)23:1.1 23:7,10,12 31..4,4 buk (12)24:3 25:1626.? 27228:24 30:1931:15 42:7 51262:4 65:1679 .=C 45:2246:17 S7 :13610 6&72 lk� 31:174$:20 48:659 :16 622 barb (5) 11:3 18:1922:18 2323 39.1 baalra" (1) 12:17 bay(3)296 43.1356:21 bead (M 1:10 2:8,93:3.7,10 45112:513:14 1320,2514:2 14:3 20:16 21:1322:2 3323439.13 43:1545:2 472,2050:17 51:19 52t3,t2 604 bed (2)46-1.6 bedr(11)520 7:5,6,6,13,21 9:1117:7 209225:25 63:15 m 2:937-4 142213:10 19 24:126:1 302134:10 47:6,1356:18 63:2465:18 bed(5)45:19 4723329 55:40:2 bMw'IM A'17. 31:19 592 bqmdm9:15 33:= big(5)12:14 13:94312 45:9667 bl8gett(1)55 :13 bOW (1).42:11 bbt (3) 16:70 27:8602 12:15183 19:14,114720 blarrft m 31:1032:1 bllubb°g (1)20.2 blo*(21)39:16 40:753:12 PRECISE REPORTING SERVICE 800 -647 -9099 [y :111 �l :L�SI�I:Y4'I rage e .54:1854:24 60:1,1,2,6 62:15,16,19 60:8 64267,7 bMb®(1)2221 soderaroo . 2..93..106.8 .43:1745:22 '46:18. brankt )1924 bdd(3)4:16 11 :1840:12 701 46:2347.19 51:2254.13 65:1 BROWN(1)39 ba!<dia9(1)43A buRdbp (L) 43:4 butea (3)13 :4 39:945:13 bmdeaaama(1) 54:4 Bova (1)40:18 6td im (3)22`7 3 NCR 00483 NE M RT COAST RECO; M Y 1/12/2009 paffd* a 4023. ?6i11(1)40:18 (1)18:30 bay (1) 14:6 -B-A.a#o�i (1) 31:5 29x12 x(3)2125 22-14634 endw(3)43-6 45al M-31 Ipffiftp (Q17:23 em#AM33:18 I - (3)5 :4 20:2421:2 25-14,1926-17 19.1931:22 33:9410 4432,7347:7 47-12 67A dwft(I)IJ:g (3ww(1)62a dma (1)49-10 "(2)XI8 $5.10 d1W (1) 13:16 dhob(11)9A 1216,1813:1 139,121831 3854425 67.9 cmungM(l) 4.1365:14 commod(t) 42'.13 commab (14) 4=A=5,3 IW2211:3,12 CA .M3A'o =16d" M. =465:11 , ciu*0)112d 45;3t7 .11-1123:13 602 co,� m ism dose (10) 4:24 38111 Il SI:12 13:11,19-35:22 dproft M id6ftn:. U.-IM490 tidliflutw(l) . W � , 45:1350:16 1, lt*1040-18 JU-It ftl 4�(1)13:9 . 57M' 6721 014(1)4130 569,10.13 ftmnimdame- CAUMMU(S) CoiNW(2)j drdetO&17 51:1866:20 5� W02:9 4:1, 6dak 6" 2-1469'.4 chum(Z)6019 . . daft(ty . b i0oomb4od. C29(*3214 1*4, eft"(06" 600 CWM03)tp sig a-lo Wd4 -ekxdolm(1)44a 4:5,t759,13 aqmmdm*p. &:mBvd%.20-.12 34245913;20 dimd0l)44a dft.M37:22. IM-11:17 12-713-16 14al WAMMEW) 43 746:13 dageoged(l) d' j�6)2:83:3 32:2143-.16 4317. .14- '19" 55:1 C16MM58-7 3:7,84:17924 10:413:4,24 coft t6)5.7 811 21:1422 .17 - 52:19 67:3 a=d* (1)"'" dMPMM12 ii-13 14*7.11 34:23 35,4*16 amwoftb(J) cw.(1)lj4 17:22 thavd(Was -17-.16 t8:12 2IM30a1 6=4 affedwoo(j) .10-953:19 -,W.j C4pIer(1)35:5 MM 34:1435-A6. 1731 oft4ldbd (2) !001:24 . 37:145:14M. cokict(017:3 39:19" 56:5 405AS49:2 =w*badn (L): amplda 0) ,4233',4.5,8.10 emm&. 16 chor4dar (6) .17:920:23 50:=" 55:9.2557:3 .572 ism"k-11 32:5 ewm►dnkg(2) 3rj"7,2152-19 55:2362:2 43a2.M 50 ft-11.17596 4M�5 11 45:19503 66:15 593 603462:25 1431 15:24 coaWbIW (6) emM(1)45:15 dmwkrbdcg.. 53-759.11 633,9.20 64-18,2167.18 .16:919.10 .24-16X 329 23:1534= 35r.1.3.8 ease (b) 140 35:U 47.13 61:1 67:21 30.1740:16 comoft(3) 57:1,60:12 dim� m cwsml" 41.4CU 4. 17 7.1 36a 64.8 35:20 10:13 48:3.1649.-12 eowpMMM emn(2)26.-12 dwmkrind. 53;1064:1 .1 duMuMn (1) IW 62:463:14 o (Z)31:15 31:19 emow* (3) 47.6 cmdeas CL) 4&ulpd(1)44:6 du*(2)5:1 46-18 9:19,2130:15 32a5 dkGd (A) 18*17 65:23 combg (LO) 14.4 compUmm(S) CDM27:7-1 24.13 duffft (1) 20.1724.3,4 7x58636:7$1 cAM28a5 CU*M(17) SI.:12 27-446:449* 48;W 17 17. 18:1,13 den (1)33-1 50:14 53:3 CMPNMV"- PRECISE REFORTIM SMUCK 800-647-9099 NCR 00484 i� I I °E i i J}E !3 s i i � 1 i E I i a 31:19 39:15 !(1) Wi(l) 64 :12 Con mh od (1) 6430 ton 14:646:7,9 56:4 $7:14 64:246630 conow (5) 57 :14,16,18,24 59:25 ooneerm (s) 11321215 18:326:334:5 34:6383 61:14 csaoerud.(S) 13:11221. 51:5,757:13 cw=r=(4)89 it31 17:7 58: cesndse (1)11 :4 comapdaim 41:19 condades M 10:19 concludam M 61:17 Condensed (1). 2535 8osndlftamM 10:10 m(6) 7:12 82 9334 10:1,1153:16 conditleas (12) 5:4 7:22 8:1,5 83,7,19,20 102,7,17 NEWPORT COAST RECOVERY - 1/12/2009 44:19 cendaema (1) 67:11 bon (n, 5223 Cemstds (7) 7:20 35:23 56:18,73 57.11 *5 64e6 coudderallp W 63:12 cmumwed (4) 289 3525 54:11671 eemalsbttm 62.'16333 . 57:11 eausbahb (2) 55:5,11 (n 63:19 combined (1) 52:1 oo lands (1) 37:16 mdent (1)209 cosW(i)44:8 M 41:743:1 x(3)5:4 20:3 38:8 continued (s) 4:6 6:14,15 ,21 663 cont0l(2)383 40:7 tw®rellest(1) 36:1 c onvenstlan M 20:15,18 eonverudons.» 17:14,711930 M,924:8 29:14 coldes.(2)21:11 i aros (1) 0:9 Corr at3)1534. S8:iS 64:15 o�respaDdwe... 15:3,5,12,16 15:17,20 Cosh (1) 1334 31:23 54:25 55:435 s9s 60:25 62:25 6336,24 64:18 64:2267.'18.11 coansel w 32:24333 58:1660:18,18 6533 Wi(l) 8:13 commodW m 20:12 tomt(2)46:1,7 eon (1)24:1 clu 0 (1) cwa*MI :13 21:1222-M '3325 45:3 48-.951:11,18 53:1 Couple4wur (1) 243 aomse(3)20:16 40:5323 court(5)12-17 34:1841:22 43:1060:19 courtyard (1) 9:19 eovemmb (1) 35:19 aab(1)43:25 0 302134-10 60:2361:17 crtate(1)47:1 csoes(2)21:15 21:18 al dnab(1) 71:10 attala(1)63:1 36:22 carfew.(L)8:23. 9:1 canvat (1) 38:17 «emu) A (3)5831,23 DaW(1)14:8 der (1)35 :16 dah (3)5 :4 65:1069:17 Dated (1) 6930 (2) 25:840:15 27.1134:7 Dadd(1)32:13 day(6)9319.6 26:832:11 41:1622 dop (n 6:23 PRECISE REPORTING SERVICE 800 - 647 -9099 NCR UP /RA 00629 4 12:1840:1. 49954:X3 66:11,42 de(i)67:19 dew (5) 23 :17429 0-12550 derlt (4)12:4 13-1822:20 As dated M 5431 (1) 54:23 &12 4:6 6:14 7J%4 14:327:10 346 dedde,(3) 5922 61:964:3 derided (2) 36:22 day m 54:4 ddbblsa(4) M:7,5 6215 62:19 degae(4)38:17 58:13 60:11,16 de1(1)63:9 deal arles(1)99 demawhvAd. 38:1 dmla1(l)61:22 62:13 denied (3)3831 38:2361:16 NCR 00485 1 .• s I w n3 I r + "I ,U �Y 631 Dmp (4)1S:16 33,1735:14 38 :14 dqwboWM •129 13:15,20 33.$8 40:19 439472. te(t) 35A deddW2s.�,: dgi*&(1) 59:16 depth (L)28iZ4 dome" 9:1830.8 (Z)SS-44 ddwabe(1) 10:1 ddwmhW M 7:9 8:6 ddwxdn (1) 4:24 dtffw q (2) .52-1963-6 dwal"m M 60:1.6 dit rnt (6) 22026.11 36:1140:75 42:2464 -14 d181eon (4) NEWPORT COAST RECOVERY - 1/12/2009 48:17 5521,72 37:2 61:7 dftmMM 49:14 dbed(l)i0:16 515 av"(3)6= 72 68:12 tea) 492 dhv*(4)232 23:12,3633:20 3414320 dhwb(2)60:4 6216 s� AKndloe (3) 60:10,15 63:13 dbmo(1)W. dbemned M 60:16 . dbe n(2) 35:17 5925 (L) e a) 229 dbtn"p) 54:1864:6 dbbn=(2) dbbmft 0464:13/( (1) 58:4 Md rW (4)18:6 5320 55:16 60:19 dodos (1) 50:10 deemeent(6) 35:15 3825 39:8 541,10 60:13 dodo menbda . 342535:1,1 38:840:3 13:2343:9 47-IL 5I:15 .53:17 domhtftd (1) 3&4 dow(6)30:I5 3123 32:6,7 484250:12 669 dnihn (1) 6224 d (1)2" dM (3) 14:2 .42:843:24 drmto)14:1 6e(0415 ` M170 28'11 S39 Dims (1)142 dgda (4)239 2µ3:l226:20 272 DVD (13)279 27:11,14282 28:7,1629:05 3025 320,15 32:17,19,21 dwdllng (1) 5 63:10' 35:4 eft M25:2D mom(L)45.7 eulw(3)15:3 wjut& (I) 21:1060:13 54:19 es*(1)2Z:3. mvkmmmd (1) ems— 18:12 213 ai (1)2121 dot(3)16e25 ( � 301 1e S d&w(5)25:15 ((1)62:18 33:740:14,22 ;9(1)193:4 11(6)162I.22 55:737:3 17:721:14 - ' 62.25 33:1262:3 d(4)332:3 deehanie(1) 34:2459:13,20 21:7 e(1) ei5. a(14 1.0:14 ..16691121 eveo(Z)1D:14 312512:8 57 :10 15:1016:13 eoaybedy (2) 17218:3 28215022 AM Nywy od %(1 40'15 6125 51 :6 a (1) 60: e®aftomd(4) 22;13.14,16 675 er(1) 67:1 00"w(l) MIS eeAmd (2)7:3 9:19 mennod M 12:19 eaforee(1)9:12 e�read W 9:1410:3 MofwcwAmt (1) PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00630 svklaeee(e) 27:10,17285 2$9342 35'.14. 3623 40'.21 e(1) 39:1 movb(1) 36:13 awn (1)38:22 env=(4)7.16 23 :112624 53:73 memb(3)66:4 67:16 te(2) 36254820 esxtebe(l) . .NCR 00486 i 1 i 1 i� f i i •a : I F i l i i i i 'i i 12:20 eabatuit(1) 5111E Exb16tt(1)7924 eddmes (1) 59:10 x(4)5:8 56:18,215914 adde(1)59M ei md11164 aped( 3693. 899.1558'1 e . (4)13:4 3711613 S31 CdrVAU M 39:1048:14 F' R(2)"24:18 him- (3)33:3 52:255:13 iaaa(1)29•A fadHflea(10) 5:15 6:4123 37:139:1 4594555 56:1257:5 63:3 heft (a) 4-5 5:13,14,17,19 593,25 69,9 7:18 8:10,11 9"1110:7 13:3020:13,20 22-.523:3,16 23:21243 j 2(x21,2227:4 NEWPORT COAST REC7DV8RY — 1/12/2009 2895291 30: }433,21 36:17,21,21 38:17AU 39.2,2140:'6 40:14,1642:7 43:" 459t 46:3473,25 48:8,30,23 50:852:19,21 -5tk10.20X 59:14,15629 63 :19 18131:21 36:Sj4X 39:8,11,22 46:455 :15 ss:1,1163:6 fsetora'MS9:6 66:25 fteb (1)11:19 (2)247 2x13 43 :1,653:6,8 53:15,20 bab,fk(l) 26:1930:16 far(3)40:17 4&19 5595 fatt(1)6090 pdwafty(j) 5:106:3,6 Badartd(3)36:8 369548:'20 f d(D)1716 18325:18 29:1334:6 39:1953'25 ':61:1664:23 . faab (1)67:8 fed(17)593 7:1929:6 . 33:1940:8 46:13,15,19 48949:7 57:13 58:12,12. 60:3f21,21,21 hk(2) 8:4 6492 femaMM -8 fiamww(l) 69:14 �50-16,17 83 SS•25 59.3,3 62:13 ftdhwc1n 7:108:1341 36:537-9 5892 61:16,23. Q565:8 rL77 ftst(9)411 10:12 L1s1,7A 21:1533:1' :34146:8 S6- fem an(dplz 17.1,234:3 339447:15 a forward (6)L10'.2 11;2,1314:17 16:10653 ftrwode8(2) 15:535:6 fow(3)" 19:22 M39* lbarsfg(1) 43=1849:18 5893 lid (1) foft(0)53159 ° 23:22 39:18414 iAr a)6W " 51 :18:52:4. fa11M29:7 51:5354 :13 53x454:11 `6723. . fiidiau(*)386: 6x1169:17,14 { "awed (1) FffdkffMKO (1) 46:10 1x9 ronowft �- "CL)648 1pm(l)slas 0 PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00631 NCR 00487 40:17 A fa j22a4 fm (1J 1492 V&w (1)4011 femd(3)36:23 Fwd(l) 65:12,14 39-.1557-2 fa�(1) 8�aw� fptmd (1)11:1 s (6) ft &(3)51:3 66:21 69:7 31:11420 PRECISE REPORTING SERVICE 800 -647 -9099 NCR UP /RA 00631 NCR 00487 1' r I.y �A .1 i r 1 t i s 1� , a NEWPORT COAST RECOVERY — 1/12/2009 Pace 7 vamewe (2) gmd (0) 11:15 33:2141:1 60:10,246121 41: 29:1140:4 16/11825 47:3 63:1364:10,23 hom M8:18 GU8$t)N(1). 21:427:4 'happmed(1) 65:413,21 812,2597,8 3:4 331641:24 .139 66:,3,467:13 16:2417:11 gd t(2)1425 50:I 5422 happenia M 67:19,22 Loaee(Il)29:6 37:7 geeh CE) 429 30:17 hea bw(3) 293930:19,19 gtd(2)1925 99ifw(2)13:18 .happma(4)9:I9 4:1664:19 33:103974 20:14 5412 41:547:24. 67:11. 4892;15 51-19 ive (24)14:16 grade (2)24:14 570 buvfw(I)399 5222 53:19 ilM1631:5 .24:15 hapWy(1)14:18.. hdoft(i) beam(4)39-18 41111.65 :1 (h=d(1)3:5 28:16313 :53;16 .39:I253:5p)4 Offs (!)7:17 PWI%d (1) 36:138 :7 bdd MS.7 kftdred (Y1 ,- 2721737:13 ; SS:22 5013 50,18 19:11 489 49:1.260052 wv&(2)44 :16 kw4md (1) bmhmd (5) 62:17 55:23. .43:1 .HA0.(2)26:15 -3&10 17:121874,16 glrQa(1)66f! greeter (1)2212 hararamewt(1) ..WIP(2)1033 25944:4 gNnrlug(1} t41 .gro�d(i)6l1 .. 412 2523 I ®&;(31)-14:4 pup(6)5.6 haed(3)17:17 bdpM(3)51:12 (2) 192 19:1329:14. 19:12:1624:10. 44:236010 51:16;613 31:82237:14 393.5 head(1)6S:24 hteetohne(1) 34-15: 3923:40:0 :pe=W:(1)20:8 ' hedllh(I)20:25 :53:10 lllVd.(3)38:18 4125 44:18$1 gasp (5) 1513 hear (6)17:15 k*.(6)25:13,11: ;3$;1949 442145:1,2,7 " 191054313 :272220:10 291131 :11.15 (1) '-46:.1147:1 57:10.63:17 23324:19 4921. 43:29 47:19- 48418 gphtx oe(l) 019 i$'O)24:11. + d(1) -Ut. 0- 322150 : 16 , 51:17, hd {2)13:19 el 1 Vmu(429:8 500215423 VhW(3) 6M 38:14 i>#gh.Q46:1,9 t*m Sfe15'61:VO 64:7 heabg(6@17.• h%6at'(Q143 124 65:1666:10 pp(4)14:14 192:14:4,8 ht*(1)4&16 hnpodlfdM gees (3)3911 29:13 32:7 .4:18,21,23,24 k".([)113 52:1 44 :1132:2. 33 :8 5:,7216:14 hdd(3)35:11 twfe1i'ed(3) tobY'044:4.5 t4'm(Z)12:I8,20 6:25,19,20,20 hoosp(1)&.7 21:3,4 6:1111 :17,18 621,247.19 hgme( )24:,17 (l) 15:11243;4 H 83,910:5.23 24:15 3121, 824 29:1130:14 kOft(1)17:17 11 :1,1415:0 39.3,5476 buplmmted(1) 32:836:4 ha1C(1)37:11.14 1521,2I163. hepe(3}21 :13 911 MOMS hwtmy (1I) 16:8,2123:4 50.3 51:12 hgmr ant (4) 40:16,7441:1 39:4,9.12 24113212 k p hft(4) 28:1549:16 41 :1,9,16 48:12,1332:19 34;53&13 30'5335:11 51:18609 42:17,7444:20 5212,25 53:5 41:1842.17 3 &12 607 WP (1) 45:8,1047:21 53:14,19 53:1756:3,4,7 EWrbme(4) 6214 48 :2249:8,9 hand (1)41:14 56;11579 5-1757-13 to- 49:20,21,24.24 hendkd(1)35 :7 58:22,755974 62:1662'! 34:741 62:21 bWM(4)27:1 59:2160:4,7 hae'[eud =(1). 1 (1) PRECISE REPORTING SERVICE 800- 647 -9099 [y :211 �l :L��IyI:kl►% NCR 00488 L' ii it NEMRT COAST FJXXMY 1/22/2009 Page 6 43:= io (1) 43:23 hmemb (2) 11:1948:5 la m"m (2) tmdmM3&6 7f6M26'.7 $9.18 47:21620 k*1(1)31:17 67:9 29.17.2,72 303,31:1724 32322.34.-13 buOMW(1)57.1 43344:12 hm(10)21:16 bla M 2-3.19. 36.'237:6 Udd"(2) hwoftr(IMM '48:175S:l 276 39.15.2140J 13:1523:18 hddad.aft(l) bsbwmM57:3 '58:I5 61-.19 56:4,5,2057:1 sts 6132 kkk (1)0:9 U& (9) 11:23 40:9 4SW 46x11j6416,20 55.8 bWASIft (2) 23:24302, :jad0e fQ4&6 bWb&(1)48:8 ladfundom (1) . 61:21 hwhdo(I)62:12 bdo"m 6A8 722 bdoft9m 15-13 39'.17 1m0m@&Mb(L) .53:15 lbsbwu (1) .22:1355:8 bdkmdmmw -57:11 ., huModundk- 1 5720 . h ftu"(I) 1116 bimmbd(3) 5225 61:14 ml &*ad= (1) 0:24 Jdmvmtq y 672 bm (3)40:11 masw . 52:16 $4.7 55:6,136416 Item(2)6:14 65:21 fteatrM35-17 "*"u(7) 16:1619:5 M(1)39.7 26:1929.'19 30-1733-11 38-6421,11 Mff (41) 3S 4o12v14&13 10:2411:6 14:24 WAX 16.6234 ; 27-13,19,2I24 2SS32'.KI9 33;634.7 35:10,11,14 ;: 51:11549 S&IG StiX 4602447.-1 47:50.18 48-149AZ 324,10 53:18 54:1661:114 64.965:24 kwwbg(l) 3521 lc om 012:10 20.-1749:4 Kunw(1)66:2 Nd dis (2) lrx12 44:22 J Jim*M3:9 inisnm�lebe(1) tomedble(1) 30:6 .fo"adm `28:24 33A laftMadsM 32A54.15 kbnmgm(l) =43:14. 443,747.-3 4P650:2= EL-12 b&=CM M-11,12,16.18 18-.18AU MAS 20.4.6 20921:6 44:22 b0mm(1) 25.12 hdW(1)34-.5 InJuft (t)3" 43:19 h*ra*m (1) 3719 bdmuW (z) 47-106*15. kftradbgm 402532-16 lAtwhm (1) 47:9 - jntqwavdm 62:17 a 9.1 1 =8 kbvdmM 26-16 bvedkded (1) 1321 bmulda(l) 4:19 kvlW(2)4-19 .41:11 kvdnd (1) 28:21 65.6 inmr7(4)1,11 2:104-1621 Jeff@) 15:17 M9,426-0 27:24 31.4 32-1433:6 34:235:15 Jdkq (1)15:13 JM(1)24-11 job (4) 30:23 S5. -466-.7,8 JW&(L)35:4 JeWan (1)26:17 hn(1)3733 JWW (1)50:4 bdVMM (1) Was Jam (1)43:11 58:16,1961:16 61..I961= 632265:5,16 .jtj;j-j,j3 65e MUS 67:t4 Umd(5)15:19- 25:15.152W 3" Xbdapxtm- 24.14 kWapjbw.. 16M Mt(1)6534 1mw(2)20-6 67:24 kmo*(1)31:22 kww (IM 17.21 192420122D 21:16;2X 22-M 203,24 253,100 263,9I027l 27-1129.7,13 - 1. 44:1347:14 W(4) SIM 5.5; 1 &1964:12 b.ftVAeta) 47,.0 25344702 $4-1 lei (1)632 L=yMIS:2 38:10 b5dy M370 bb M 160 LmmM2:11 om ISWC039-15 lm 036:8,10 36:10 lays (1)39:11 lomp)13:22 18a,225,16 47:0 late 01210 IK K(1)3A kmpC3)9.14 PRECISE REPORTING SMMCZ 000-647-9099 NCR UP/RA 00633 NCR 00489 1 �l , I :Ta : 1 1 •i 1 a i x) NEWPORT COAST RECOVERY — 1!.12/2009 Page 9 bW(4)5125 Hna(2)Z2:6649 IaaBerM31:3 m (2) (� ' 552,5 6021 Ha: M3424 45A 64:9,11 23:16 212 hVkffy0)57:10 M* 27:18 64:11 maoddaay(l) med(2)8:10 I.eglae(i)U;M 28:17 loek(19)14:%17 12:19 1 32:8 le8blath* (1) Ihn (7)32 6:12 16:3 22A U mamw(`1)109 meefdog (8) 579 .6:1365:18 34.8561 6015 14:1725:10 ldearq(1)RAI S -669,12,14 602361:1 oan%(1)4623 45'.1,4,10 1enim(4)60:2 Udo(9)21 :11 62.'7 =W(2)651519 46:12527 &L,1363:1,5 21:1141:15 • .' !oohed (1) 4520. Ift (1)63:9. 47:16 1a18ff1e(3)60:1 . 43:I746' ' kikftM M+x6as(1)S2S moe r(6) 606.8 a474s12/4 14:1260:19 moalodM6624. .3721404 Y(1)S49 Hitad(1)793. taob(1)159 mddWs(t) 47:1951:19 loibr (4) MU 14 m M3013 .L d (1) 15.4 2322 52;:12,14 179233 :49:21 IM(1)39 m4am 3) m=blr121439 !eaten (2) 14:15 ItfflaM 1221 im(1)33:13 35 :17 67AM $1:23 1420 ' `1020,2427:8 loAM27:3 =at*&&(3) me o1 (1) ids (8)laz 34:13 iodCM2107 6:17.33,25 8:1435-7 11:1316:7 li"%7)44e7 - 25:4,1726:12 Wll m (6) m0(7)24:20,72 2904418 21:1221-1 29:530:13 152 MUS 24:2523:9 54:12535/ 2S 17;18267 45 :13,1749:5 SL1653 -IIX 10;¢,8,9 659 2620.2430:13 49!5,7,9502 'Mdd(L)ZI:il meatlon(3) kwd(1)9:15 33:19,10,74 5451,7,2155:2 25:24 142036:11 iawd()9:13 38:44120 55:159:13 3tMw(8)4:6;8 44:21 lk@* 0,706 47:13 48112 61 :1163:10 4:1131:21 moaned (3) 36:14429 50:12 67:1 51- M-1 15:2318:15 8omred(7)S:14 Avid(1)2621 Ind(1)3124 61:156321 21:20 7:18,219:11 : II•aa(2)43:17 a(1)41:4 madtea(1)41:6 awls (1)S :14 lovbyot)2S:17 ma mam(1) dl�(1)1324 ��47A Hft(1)29:4, kww(2)4513 9:10' r�oa�11:I6, 48:17 48:24 46:6 AW(2)4120,13 ..:31x1 >kmuftg (t) 99 load (9717,20 Iw omd (1)46 i NMUMYM &Itloda (1)32:5 LWb(2)26:7 369,10,18,20 LP(d)1:8 15x1 m8e(1147A 59:18 .37238 -15 I,yft(1)47:16 McNdda(1) MJBu0:M2:11 NkC &)2521 50:10,10 4120 6m 38:5 ' loaade(1)ss:17 mm siad(2)5Z94 mach9aa(1) Iiftwa(Z) leeaied(1)59:12 24:18321.1' WAS 21:14479 loeaA (3)6:7. 09:10 4094&164A mde MISA W (4)20:1 56:262:9 ma0a (2)1122 644 now.(1)582 40:13 59;12 loom oo (t)99 23:7 mean M3923 mbuf 0)3111 62:10 ld wft(4) m lor(2)383 402 37:136521 lb*(2)119 17:14189 .38:3 meaed(I)SW mbuW(8)423 262 35245:13 MU8(3)M mawm(1)619 11:3 W,9 Hm10ed(3)423 bag(3)39:7 605; mefta(X)603 17:1,231:5 8:189:8 58:12,22 may 042'1,4 62:19 32:3 PRECISE REPORRIie SERVIt2: 800 -647 -9099 NCR UP /RA 00634 GTLgXlJ!KIM S i s I� 1 1 , I I 3 a, i , mledlaYderL.. 56:17 ndWWmenw. 44 :6 mi*teadfog(1) 67� ..96:15 mhden (2)38:1 mlihloe(i)44:1 24 :17 ''10�,1230a ofth (7)24:11 24111: metLes (6)11:113 (1).243 : mtiPe 33:1Z,12;13 44:465.3 rn 53-.7$4,3 made (8)29:1,6 29.7,831:10 31:18.2432.1 amth (1)60:14 15:13,17164 26:15,15,25 271,16,20,23 NEWPORT COAST RECOVERY - 1/12/2009 282,4,11,14 2822:30:1,5,9 30:12 313,9 32:1733:4.7 34:1235 :15 46:3,548:2 W- 444-ea -a «. 38:11 il<c(1)4123 dpi {1) 24:13 rn 26:16 mw(tl) 11:16 16•.12;1419:4 23.124:11 2611531:4 41:22:69:18 named (1) 155 NW(L)52:5 Kaman (2) 51:19 SU Numnony (1) 62 N=odb (3) 523,7.8 uftm(4)372 39:12 35:14 62:15 aw(t)5:25 scaft(1)S:1S stemu*(I) 9(z) 58:13 6412 need (15) 13:5 2323 30:5 32:2433:8 .41:4,104820 482151:24 64:2365:3,10 beaded (2) 874 38:16 nfttb(7)59 28:2030:20,24 58:25653,20 nepil"(1) 52:23 48:2 N4*bw*nd. 109171 202449.22 56:6392 61:1 m(4)' 13-1314.10.15. 50:1 "olor'+(1) 13:6 NOMM4120 4123 ad&wjt)69:t4 nvm(4)12:16 13:1436'12 37:3 =Todd= (1) 67:7 new(4)160 3820,20,22 new (1)20:14 Nm mu (7) 11:15,164223 4313 4410 5120 5210 Newpot(63) 1 :8,102:8,8.9 3 :3,7.10,104:1 4 :5,1759,12 5. 15,246.8 11:17 ,21,24 12:x,7.8 13:14,16,20,25 14:015:10 1 &13,21,22 17..7.818:4 20:16,2321 :16 2121;2lAZ 22:124:13 2533210 33:1141'15 43:9,13,15,16 471110:17 322156:11 59:176011 61:24.6 66:5 wwgmpwoO 64119 WwRopm (A 14:8 Nobed7'e(1) 49:24 noMM27:4 35:1 itm.eenceatm -. 00a-4hndut _ 59:15,216238 6322 rn 22:10 anod.(2)9:7 j 57:22 note(1)S4:12 nedood.(Y)56:10' November(l) 25:6 novo(1)67:19 aamobw(18) 7:13.21,22 14:212022 21:20763 34:11,1238:15 3913 40:13 42;1051:13 PRECISE REPORTING SEitVICE 80Q- 647 -9099 NCR,UP /RA 00635 LU 61:23 63:4,15 63:15 nombm(4) 12:1513:23 22:21,22 awtuft (1) -18:11 N- e4*h(1} 4123 x4m m*a (1) 11:16 63:8 Ibwmim (in 15:1633:16;17 354437:12,15 42043:11.13 43:1545:5 4&-1949A- . 35:11 020RNY(l) 3:9 obbervation(1) 38:13 doWWAIM (3) 38:124024 54:25 ebxom(1)54:1 obi (l) 8:1S 3622 obtainable (1) 223 ebhlned (1) 36:14 dnfm* (3) 25:164:16 67:8 oeemd m(I) 36.11 (t) NCR 00491 s i i 1 : i I IA i 7� : 1 i i NEWPORT COAST RECOVERY - 1/12/2009 Paae 11 oocatttd#) 24 :8 6120.62:16 35.1637:9.16 21:20;2222:1 21:18 1 ots at vN M W—SW N M 37:18,23 22:13,1423:20 ,OMM (4520 8:17 366'20 Path (2) 59:7 25:23..29;22 . 5:23;24 6631, RM (8)44,21 oeVAw (1) s93o 30:163225 off"n.(1)48 :14 9:201022 1631 patt(6)5:118:2 343137:19,22 atl'r(i)4Z, '.. 169189• otgautoed(1) 8:714:16,13 37 33927,73 slliated8)41:17 25.19S2:3 .31:6 4010444 3923,2440': (1) aMM(1)4524 a[@odw(Z) 6335 40:6,224432 RMWW(2) 519,13' Pm*kmatioa(1) 45 :SAI8 otMloe(1)35:6. :' 523.109 ew*b(2)599 7219 46.);3;14,39 otdoer(21)19' ' X8(1) 60.33 patikdar(8) .::.417:10;11.21 4:8.136:19.21. 37:6 oraWdai)49 2333713 41M49:12 72083103 alba(3)5 8 .91013:10 51:955:24 `SO.%11,11,17 43:14,44:3::. 718362221 144,1117:1. 3&81585► 50:1$31:13 5818,1559 4 19:13 50:14 61:13 6d 14 53363:10 592260:4;7 operatiaaidif },,,.:oreeteneeatra.. p r(4 .peioad {4)9.11 60:10;44 63:14 8:13.21 22:17 22:18 559 2�A1�:1822:1 64310,23 eperaeot(9)- ova+e ra....: pr�(1) 89:16 ' 4.VZ 011l=%(6) 36 .7.931:5 21:17 partner(1) pteiicjW 4:19 5:2 5&3.4 37:16,18,15 - .11:16" 66.-6 AL-1441Z 673 parts(1)20:18 ~(5)243 :oMmo)44 :17 ,%tube(1) ewaed(1)4539 pwed(1)37:3 34:437:6 el 1)9:5 16;21 ovmw. )239 pa*#)3330 383139:17 (d4)90 b1F(�'1420:. (0) 552066:22 =p�b(3) permmmt(& 3991442:8 11928 :10 --. owvA;w. )23.0 .:17:23W:19 41:18`42:19,21, 43,3 PAMUCKM pmp*(2I)5:6 dmY (Ml&t 34'.21:1266:1 aWad:(4)91,2 3:4 . :... . S;i0ii8.?l79 20:I,S27:5.19 67:17 933223 ptitmm(3)439 82913410:1 2730288:3 eptku()17a5 44:11 10113435 P 303,113 19 .182 paying(l)40 37:1,34831 p2elotga(1) 6:18 35:24 M4 R mos(1)6724 pmdbg(1)522 4622,2253:6 37:1542:17 ' orzWM34:7 pald(1)442 .57:12 . 53:9.1631:15 44204&23 Oruro) Pm(1)23:1- Petb k(12) .61:226410 47:16,1656: 43;10 patad(3)83. 21:12.1923:2 petmdb(4)63 622164:16. atdw(5)7.11 63:11 33:184121 8:1537:7 66-16 10,1 43:W pm mt(3)1 &13 50:78553 55:14 o1d(3)26:17,18 58 :1766 :4 17949:20 59:1763:6,9 pet,mltbdM 38:19. otdtaanoe (17) pumb (2) 15:9 63356431 6:9551.16 .aldw(!)2422 4:173022 67:4 po*k(56)11:2 pwpdutm(1) o (1)5531 36:18372' pturt(4)5:25 13:1114:4: 414.11 mm(6)41:2 533454:17 19:8.1225 :7 14:10,11,12 petma(7)14:16 4&8.x453 21 SS b 5&18,13 par>aed (1)12 T4 16.1160 16917:4 5796431 38:4,10,14,20 puftg(10)8:8 I &"4,2019:12 44:1747-21 omgabg(3)24:7 59:166033 8:10.10;16,17 19:13,1720:17 48:75233 PRECISE REPORTING SERVICE " .000 -647 -9099 . NCR UP /RA 00636 NCR 00492 .1 I I I i i i i 7 i I .z i NEWPORT COAST RECOVERY - 1/12/2009 Pane 12 pawwo) plwsed(1)699 44347:2 p (7) 29:7,835:16 36416513.1_ VIA=M14.6 49:15 1124,2512 :1' Pv*mkmb(.. p I4) 172126:12 pd bmm (1) 12.942:14 50:10 17:12'34:I1 pbmsler(3)3:8y 43:16 • 47:1449:17 prsdrieer(3) 43:345:fi 6:12. poBft(1)9 :12 prb&d(2)21:8 46:16,21 person's (1)33:3 PLmttag(3) Pe ky MS3:4 28:4 1 0,10n (1) (1) 5217,2457:15 pMl(1)55:2 .pdw(4)623 46'.10 pLesM93 pogo)31:25 34369 A pmp m(1) putdaM0 pkbO)42:10 port(2)633,7 pdvae7(1)412 .50:6 Putomm ply(6)19:8 poadbk(2)31:7 pdvabe(4).132 pnhhMM 11:1844;10 27:IZ29:18,21 48A 29:1431:13. 921 B (1) 32.1363:14 pixif*(3)S9 46 5 projed(I)83 P>Rll 1(9) . 10:3 339 p mba*(19) p (3) P pbym 13 17:11182 paskd(1)49 11:102ft8. 13214011 39:15. 183,12199 pobmtfa*M 30:1429,18 4415 pbae(2)28:75 *120:8 IV 6025 " `49:4„19!791 p (I)MM 9.12 pomWed(1) 64:1665:12 63:19 p> 47:22 PLivmmar m n:d r (AS) p (s) plaeNe (3) 25 0 pradk 24:13 121,2U%It 9- 1613:5 232 16:1221:11 353 pig (4) 13:8 2PI7329 l.,I$13333 242130:18,19 pr ed(t) 39.14*io 46:14,17 pleob (7) 386 56:12 43:13453 iapodrn - 13:13:279915 pleaded(1)44; -8 predsa(1) 49.413S1s2l 6:1879 28:1;3.3,6 Piesse (Il) IIA 3722 53161 :4 (1) pb6w(8)15:IS 169192 p (1) prd (s) S 1591819:13 25:13 3025 10:16 10:4123,6 . proposed (4) 21:732:15;.. 33.1437:10,I4 prgWMM73 2494521 10:1853:18 329052:11 52:10,1554!!0 63:19 47:520 58:1799:14 PkydliA Pdd(13)5:12 ptema(2) 61:12 p ) 3423.59:11 11:4,621:16 10225422 proaed (2) 3 31' pkk (1) 9:8 A-1937:17 praeab:dm Q) 102516:1 prods (3) putt (1) 382439:11,19 4:12,1710:19 psosedLB (1) 28:17 43:15 4125 3920409,' 11:5,12 4311 5021 #'Im (1)133 51:18- p (1) p (3) 1 (4) 6) Pobftd (1) 22:4 6720 69:b,8,10 153,14 43:13 3?�7,'i polatIM231, pxddabs(1) proem(a)3.11 539 493 331538:14 50:10 Mll28:21 psarvldlop(5) PRob(1)14.9 4012 praama (1) 402148:17 44:2,7 52:14 pbl(1)3123 p0m(17)123 4:12 579067914 prffM=O) PkftM2312 13:14,X23:14 Pravindy(1) pmko dw 56.14 p1m(8)821 23:15249 15:12 27934 1 (i 9:625:329.14 3 32 35:8 se pri (1)465 pt (8) 442548:14 40:1341,4,5 piimeroy(3) . 9:1317:14,18 pr WWft(12) 55:2269:7 41:10439,14 142234:14,20 18:1719:19 7:161122 PRECISS REPORTnm $ERVICS 000- 647 -9099 NCR UP /RA 00637 NCR 00493 I I I'S NEWPORT COAST RECOVERY - 1/12/2009 13 56,-7,9.13 q* W(4)23,&- • rewphmw(l) redodm(l) 33:1 57.18 S" 37.17 56:14 44.9 - 9.-11 rwmwog(l) 61:24M ftl 65:3 ytjgga (J) rdwm=M&-4. ., 64:13 66*19,20 qpW(1)9:22 67:5 Jr, 111(j) rel*d.(1)12-.11 pub3c M 1.7 qWW(A2&10 ruopb=M 23:564-17 rebd" (6) 34.1 114:21.24 30-.4 56:13 SL-10 rducubg (Z) 34:23 373,18 .6:20,218-9 ma remontWA(Z) 1 &19 34M 40:7190 102-311:1,9 qmft(1)3" 7.11,11 Wwnd(t) rdesuO(1)44.17 -11- .1114:1 q=W (1) 21AS. ramonenddL. 51:m, yekmd (3) 3&8 16:7.317:24 74} rdwilog (t) .4.3:2j 1. :13-831-12 . 1. nV*;(2)39:1 zrifie(l)41-1 32:253314 7.19 WAS. :,Z )60.13 :59A 344;I6.19 n"mnmW*- riiw(1)62:12 ram'bk(X)40.3 36:4,2340:10: JIM 7.14. re&dMg.qO ra-plubg(l) 41:19.4217. rAm (1) 140 room ma IMS • O:IOJ367-11 rmlft W (1)41. 4;6 neaftdm(l)... regaabs(1)4:21 . 6.7.lr43 rm. (2):42;X7 . nmd (10) 18:14 rentm(3)17,12 �pu,l.(L)61:8. ;raP(1)29*8 14.'1316:15 nsud (L) 7:13 25.19 : puqmm(1)7:9 raft(I)MAD 19:3 34A wjwftM rqmovad (1) put(9)8:22 3" .35:20,23 36:3 89t.13 :18:16 W.14,1.727:22 read(5)13,13 40;10M-13 togm* M ;"b(1)39.7 ..2& 0444-1. 38M 5716 w.io fi-23 13:2 rmted (1) 27:3 0.3.a55;ll 62:0640 : reordl (4) n9dar (1) amw (1) 27:5 rem](3)39.14 - 3446.19 30 230: rmiert (1)27:3 ,F,.M-(1)37:19. .-:40A0.24 36:24 rqduty(l) rqatt(i)lll putdAgM43:14 redly(U)83 rep mkg (2) 33:21 rqwtmw M . .5" 13:1117:17 .30.1417 npbb (2) 55:9� , -34:2 47-24 palool-9,10 19M.22.18 remmyM) 571 . 1 M*�M .27.11 4`2,29368:1 243325-4.19 1 :84353!.13 npbW (1) 29-1446:22 5:20X,247:5 :S . 48.16 npott(9)7300 0 503 11:1712a,7 nwhomas (I) VA 13-13.17 qoodm M. . nam(Q8.14 6:16 M.16 9113 : 3= 5&*U 19AS21-0.24 20:643:14 20:732:21 rd* (M 12:3 "66!11 36:4 h:s 44-6,I0 SII 33-.143:16 1831 20:20 raporftd (3) 61:1165-20 n"Dmd&(1) 52 1573 23:3,2025:24, . 10:412.6 qandm (M 66:13 66:5XX 26:1245-15 13.15 521030,21 Wl rdmd(t)425 guoyWs (1) .13 46.Vjg4g. RqporW(l) 14:17.2021:13 reedve(I)&q. 5:24 4932 2:1169:5 41;1642:21M 23:6 nemmug(JD rdwho (4) M7 "Vor . 600:10 4633 47:8,17 rn*W (4) 2334 12-.111733 .23:14,15241 SOMM 51:14 14:2515:12,20 red (2)20:1 45.16 46:13 54.l4,16k19 37:3• 40,12 6 '(3) reproad M qd*(1)18,15 q redmft(l) M 10.13 36:3 33;Z 139 720 rdkbw2ftg(i) npresekftfba- PRECISE REPORTING SERVICE 800-647-9099 NCR 00494 f i� t i :a .j i k i i J NEWPORT COAST RECOVERY - 1/12/2009 Paae 14 3&6 51:86221 rirh(1)40:11 1222 26:828:15,20 ngrelau ft (1) eee m=Q) rol9og (1) 31:17 mbedoW (1) 30:5 33:3:' 5123 11:12359 room(1)29.4 624 -3S2440:12 reprweda (1) reepm 0) romft (Z) mhool:(36)5:16 54:1261% 9:10 67:5 51:1364.1 11:21,2312:8 63:2265:7 .requed (3) reeh4ded (1) :nits (1)93 12:1 1,13,14,15 aft M 28:20 34 :16 304 9:17 raw (1) 1922 15:1016:23 30:10 6425 nOrkit"(1) BPR(2)2:11 17:1,2, IliI2 oftbmg(2) . regrim(1) 39.13 69:22 17:1618:1;6 SS25S7:12 6425 renUM22:15' vale (1)3025 18:1219:8,18 mad(5)5:5 regeind(16) 55:25&6 rdir(1)61 :9 =40 21:3 IS= 17:9 &17,23,25 nbla(Q60:10 " rake'(Q9:13 24:1626:1. 18:9393 8:14,183620 eel ' 1 (1) mVog(3)28:16 38:64&8 emd(1)232 37:1,7 56:3,5 ' 60:15 30:10 42:1146.IVS somas M22:9 rokahm"M(l) roklm d (1) remorM 11:19 - 47.756:0 SS24 36:18 ' 349 • . . 48:5 66:19673 soon :(1) 6420 . regdnnmb n4 I M415 ramon(4)439 whoela(5)49:15 mat(1)34 :14 7:168:11,21 6520 43:7,744:12 491756:8 smmtmmM609 3&2938:25 remw(1)22:6 rea(3)40:22,23 59:7,20 mew= (1) regdrn(1). tovkw(5)9:24 SS-18 wbcs4yard(1) 63:23 30:10 10:533236:1 mmlog(1) 12:17 sqmzdm (5) r**mdde {Q 54:10 63:15 smm (6) 13:1'5 572,4 58:5 :.65:10 Mdowed (1) Ryaa.(1) 26:18 2722 S32 - 60:11,16 reildmca (1) 10:11. 5&6,2060:13 . mae (2) S 421 radved CL) 364 as<mftykl)539. 57:6 8(1)39 M!dmt(2)7:6 revoke(1)S52I 53:16 1 >�h(1)27:M .3328 reaevlew(1) ed(1)44 :13 m(z)19:16 yerek:e(2)13:3 n l(6) S49 $darday(Q 53 :14 36:16 5:636:17,21 11ICi1Am(1) 19:72323 nabd(1)17:23 mrvWS(1)2124 5720,2263:8 3:4 Sa4u'&W(4) mooed(6)52S Nub= reddmt+(7) rMe(1)42:11 " 199.1025:7 24:143824, 19:11 9163321 ridladom(Q 4S� • 39:1959:10 so(S)52110:2 342,113720 3020 aft (Q 159 65:8 59:13 66:21 SM 522 rWd (21) 1025 39:9.14 542 mcmAwd (1) 68;7 ramla lmm. 11:1013:10 022064:13 21:1 utdng(1)41:9 14.1763:19 15231421 tlP(10)5'9 seeeaa ft(4) :m P (1)30:1 65:1.19 66 ;9 27:1329:19 25:2431-11,15 36:1937:8 tevm -rvA) 67:16 31:837:15 44:1646:18 41254:12 35:14 raeolve (1)329 4022 423,7 53A 5824 m 42:6 dating (1) 299 ngmd (3)48:3 4624 48:11 60:10 6120 ppdm (3)5821 shWh (1) 64:14 582,3 49:1151:8 a ak (2)36:21 62;23 dddded (1)18 -7 red "(7) 53:13.1755:16 372 wn(17)5:15,16 (1) 28:1041 :18 S52A37:12 mare d(1)40.18 14921:7 14:11 42:19.20.21 raid (1)55:12 mhedule (1) 222224:10 SMBL1£7C (1) PRECISE REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00639 NCR 00495. t� I� i , 1 NEi1PORT COAST RECOVERY - 1/12/2009 Page 15 ddt(1)24:17 . 49361:1 w 1 M20:10 16217:16616 11:13,1643:11 d=(QMk7. tdt0522925 29:330:4 33:1735:7,21 daridmZW Simws(1)633 10412MI2 ww(02530 51556:11 dree M1931 dwrt(3)32:13 sk4 wd(1)7:17. epral[Mll:g 5946631 .2&1,I,1.4 .58:1764:4 dwar-oo8w'(1) 15:1116:9 67:13 45334&10 dwX6er (1) 64. 56:19 1=21:10. loud (1)49:18 6156633 daatka0d(3) *9M 38:23 483 64:19 dsndard (11) . sttsetfm12:" 2:11 OAK 41:10 app m 39:1352:17 63:4,7 dwt(1)333 shwr(1)49:17 51:16 533;1254:17 aUebd.(1)6R12 - pokier ab;M9M . - sperld(4)53d 57 :155931 Aendc(1)22:12 - -45:15 enoa>ter(1)26* 3 =0.17,18.. 60:5.206x6,7 dadentM dww(1)53:3 M. sPeeffie(6)(d boa. 1 &13 Am whg m sm ika,0 19:14 1 &1619:19 58:13 44mb m 19:14,2421:1 21:1247.17 atae .(3) 12:10.1015:10 ddws(1)44:11..; unding.(8)9:17 6x:12 53.1'155:7,8 dff(2)460 4de,M40:14 9•,20:17:18. (6) �gm 48th .00(449:15 1 &1029:1,12 7:1327:11 17 :1 a b([)=I ,33:10 32345:11 39:64235 daetm66:3 aabo trle ou" dg t( 21:4 so (4)403 483258:4 datm50:16 59IS,2162:1$ (2) iif MQI)5 :14 6335 17:5 soeewM183 &I993 7:159936:8 oWed(4)63 . -4$124 =34 2431 s�enh�gnm 36:1048:13,2;; 33u;V041:7 W nde4(1)53:1 3592 69:5 aok*W(I) 13.16:19.. : soft(1)25:16 speeding(!) stded(7)7:14 , , -3x2 17:3 19 soU04614.17 3133 1En 12:9X R (J)6= (1j 1S3 'sanekody (2) qwl (3)16:14 3&18 39:15 3t.k!.7 :6754 20:1$13 24.124122 4339 (u) dpWW=M wdfv (1) spend (1)25x7 doll d (1) 7A.7:17-6 27.9 5853 32:1 sped(1)223 58:24 20,12343 sit (a) somene'sm spore (3) 1134 dpdumde (1) 3432353.15 8°7 67:8 31:13 47:14 SIRS &13 3&13 dwi*(1)66A w nnasr(1) Rwas tmm-9 ddo(l)56:11 ro (j) sbo*(3)3821 223 spnead(1)432 ddbg(1)4941 &.17 . 61:8 son(9)17:13 48A ddidk(2) aghwgws*(1) dneare(461 :14 19.7 a (1) 21:174333 23:21 sk*(6)17A wn4(1)i622 43:7 dowl"M salnoem 405.7 53:6,15 so"(9)13:7 W06 (1) 14:1421:15 1435 5330 16:1923A 4412 dab m47:1 sal abadaffi (1) sk(3)16:643 i3 322140:8 dsffi(20)4:12 day(1)40A 59:I1 58:8 52:359:14 5x&177 -.0 didc(1)44:18 WWOUN(1) :1(1)3835 M 1864:11 79,10.11,14 dop(6) 31:11 Sk22 dift(1)29:4 aoet(3)16:20 7:19,22,24 43.'7,12,12 samdeat(1) d (4) 26:14409 10:15,16,22 4723,24 2&20 IL-16 48:6 sorb M41 :1 11:1213:13 dapped (3) semdendy (1) PRECISE. REPORTING SER 800 7647 -9099 NCR UP /RA 00640 a� >3 3 z f r i i i 66117 momAtim(l) 715 mnmy(3) 15:1967:12 S=dey(1)8:18 SHAM (8) 19:10252 .45:7 Supaiar(1) 43:10 6&17 swe"ed(t) 12:5 5&760:7 sere (14)16:16 161318:24 19:426:11 27:13 41:15 4223 5115 . 56:1665:7,22 6&1467 :23 rariut"(2) 30:15 33:10 te(1) 591 ill 59:3 SwAmte(1)15:5 swear (1)17-17 310 ? T Ubko (1)1712 tdm (15) 8:16 9:611:412:18 163201 26:1629:25 33:1137:12 .. 40:22 4L-14 NEWPORT COAST RECOVERY - 1/12/2009 49-.554.5 66:15 bbim(4)2.9 19:7 54:169:6 461032:18 tdi:ed*)13.12 13:14173 441246:12 481549:15,15 49:16 ftDft(5)20:13 2515 29:12 4212. - 47:22 tuk(i)49:17 two m 31 :17 612 tdrobu(1) 28:14 tin(6)i9:16 47:11 ion (4)26:8 30:1432:10 51:13 ftlI 12 tauat(2)23:19 3473 taunb (3)24:1 33:1343.4 tma W 19:11 tsem(2)39:7 40:11 taw (1)63:1 (2) 15:161:11 tmd(1)5820 0u :(11)4 :24 6:1314,19 16:1718:14 20121:5,9 2225 23:11 26:1427 :1 31:1,2,937:12 38:94223 31:8653 6715 Tiasb(2)20:t 41:19 (1)44v13 x[(3)3425 69:13 48:849:16 $4:165:15 49.050.19 54:3,18%0 6113 Qfnk(29)20:15 20:19 21:17 22:2,8,12,18 2221,22,24 267228:15 331,5 35:19 41:6422.14 51352202: 5213,73 53:12 62:463:12 64:1466:16 67:7 (31 61:190:23 66:16 dhd (1)2124 12 dioeos4*(Q 1311 Own&(4) 10:13 3210 42:15 5615 wo9bb (t) (3) 46:13,15,19 d o d (1) 40:15 13 :12,1647:12, tYrea(7)4:23 11312:18_ 16931:5 45 641 am-wrtm- 47A ftgnm(1) 12:12 1 F (Q49:13 661 71(1,)3423 6oltee(z)53:11 55:8 '. thr GM5:1 6:14198:17 $:171022 117111:21 13:7 M 18:14202,3 21:5214 27:1030x11,12 312,23,24 32 :1,1,735:12 36. 137:641:5 42.2244:23 652,2,1566:7 67 :1068 :1 69:7 ow(1)1922 dnw%(1)2914 dred(1)44:13 todsT(6)4.79 10.315:3 17:6 PRECISE REPORTING SERVICE 800- 647 -9099 NCR UP /RA 00641 ao 6774 tdd (6)2S3 32:744:14 4612,648:1 tog M 22:14,16 Tom(1)4.1 top(1)65:24 tad(1)720 tor Ill (1)25:5 .025:3 t im(2)1223 21:12 uamftm .26:5 Umaatbad (1) 69:11 *==#do(W 69:13 tl) 35:20 -13:1 tt:di(i)9:8 132,3.3 23:24 40:17 t mU M48:1 teesfmtiet(S) I= 14:19,13 36:1750:14 kea (1) 22:24 tried (5) 1611 23:173520 49:3 52:5 traobks (1) 61:12 true'(1)50:15 try cn29:8 47 :21483 51 :14 52:8,13 53: 67%9(3)25:21 NCR 001497 r y.. i I i� : I E i tom(2)6:11 31:18 : ... , - tl)24:1 3:20 tm0t)21:20 23.18 24:15,25 26:1729.17 33:1137:16 393640:1425 +412442:13 43147:15 59:23 64 :5,7 64-11: WOM25:10;14 gpet(1)20:18 26:11. yam 199;10 .:6024 OnlMttb (1) 381 69 u4dadped(l) urdentu d 0l) 2523 26:6 28:11,1330.9 . 43:1849 :12,25 54:656:13 5715 mulawboding- 27:1451:15 58 :1464:14 (1) 6320 ouarwv (1) 52:10 onderwaer(1) 32:6 wantmate (1) 25:19 not rteevtd,— NEWPORT COAST RECOVERY — 1/12/2009 22:16 m 18:10 noigoe(1)18:6 rok (1}273 63:10 mib(1)63:15 M 4813 oagmft#)395 lEoreplaied (3 459.1048:10• . Wf boded (1) 1:27-17, ,oe(38)S5;10 5:18,216975 8:291410:1 10.1112:16 25:1436:15 . 5115 53:6,9. 53:16 S5:14,24 54:6,8 57:11 591,136023 61:13.2269 eyer(105:15 7-1653:20,22 45:1536 :8 571,3 5921 60:11,1661:10 62:8 64:5,11 660 WTobe (1) 2622 us(1)60:49 v=(6)9:41224 122513:1 26:74720 vm (3)9:4 121326:8 Various (1)35:3 vn7(1)60:1 VdMm(2)242 24-A v rbadm(1) 699 vnifled (1) 12:13 verme (1)639 vkkft (2) 17:9 video (6)16:2 27:1628:2 .. 31:1Q4232,18 (1) ': 29:11 : vkwiM50:13 563 viewed (1)636 vlohdm (4) 142341,23 35:16 vlolmae (3) 22:11,12,13 Vf*(2)20:17 3720 "fto r (1)47-22 W (2)194:7 wam9m 41:13 wWmM32:7;8 32:6 waled(1)3322 (3) 24:2028;25 29:11 welt (1) 9•.20 15a 24:1328:17 31:13 38:13 43114421 46:4,2247 :18 48:14912 50:467:3 wa11 (4)3335 42:1342:18 67:23 . . waYq (5)47-1 48:124923 58x16,22 wmrest(1)535 w•m 53.18 17:423:4 49:3 ..,u r.. w 48:13 WA 2NONO) 3.4 war(19)1614 20232231.: 23:1726:10 27213712 3911429 43:24&18 47:1248:4 49:17 5111 58:10,1260:17 679. W7(I) 149 week(a)9:S 12:18 wadday (1) 29:3 PRECISE REPORTING SERVICE 800 - 647 -9099 NCR UP /RA 00642 I 8:1329.4 vmdmdr (7) 8:169.111,15 17.11,1325-11 45:1 weeb (1)24:16 we]Are (1) 11'.13 31-.1332:5, 49:14 wereak(l) 17:15 24:7. 48:19 29:543:17 451346:17 5621 59:17 38:86523 66:14,15 we're(25)14:L1 16321714 20112421,21 -252138:7 39:144020 41:7422,17 44204520 46:647:11,20 50:1,2141:3 53:1757:10 61:66725 we've(21)72 8:2ZX 9:3 142115:12 17:2124 :15 39:345:19 47949.*14 49:14,15 50:1 30:2,4 6120 611067:11 W P (A 69:17 NCR 00498 3 1 i ys" t i. i 1 43 f :t wtd91(I) 59:13. wge (1)40:14 38:1160:17 wraag (3)49:1,2 llpW (4)5:18 1132(1)6:10 2:104.1510 .201!(1)63 6(1)32'.22 61ur-M (3) w011ag (I)50:n 6220 12(3)L-112.'10 21 M60 17:1518:17 ninte1,9me(1) 4:1 213(1)3:6 - 24.23 Y 25:4 wkdom (1) 16:10 whkM21,:10 w1w=(2)17:19 69:17 whomed (1) 42.8 wkomu(1) - 69:8 wamsq'(1)15 5 wanes (1) 5:18 woods(1) 5614. wmdegd (2) 2S21,24 word(2)19:22 24;19.,, wasda(3)2422 25,1664:14 wank (11)9:7 17.4734:24 43:544:15 45:1948:4 01132 �:5 wal d(i)6:12 2325 wwkkxg(1) 20:25 worried (1) wa ma't f1) S2:14672 wrap (1)37:10 wriftm42: wrtdog(E)34:7 67:10 wrMas (3)24:2 129x (3)6:2172 7:5 UN(1)59.12 1216(2)6:8 43 :17 4317(1)5620 U&(2)26:1,1 14(4)7".1139'.3,1 40:6462 1411 {1)1921 ia«1c1)9:30 16(2)24 :1,2 1610(1)6:1 1601(7)4S21 46:17 18 (5)7346:1,2 V.7,7 lMsa (1)7:7 18.yar eld (1) 309 19(1) 50;7 22M (3) 5:10 . 6067.17 24(1)1624. 376(1)142. 29(3)7:69.10 46:1 204ad (1) 5:14 iY7(1)60t3 6264i484(1)3:6 6443008(1) 3:11 677 (1) 14:2 yards (1) 1114 yas6 (4)19:1 20.4.92.= 66:12 yew(5)1323 3921 408 53:3454,11 Yu(M -1125 23:1834:13,ZS 26 I7,18;2i�2 30.143240 332239:7 42:1543:2 4S:34715.16. SS:1 79%d(1)!9:22 y�8 (1)44:12 Ywmg (7)29:18 42:2 ---- -7 7M26:1729:19 786 (1)6021 7110603 64.'1 3 3.(1)43:41 x(3)523 7:19 29:5 308(4)403 57:1358:12 60.21 31d(1)14:3 3300 (2)2:83:10 351:(1)3:5 36 (1)40:1 4 4(1)53.4 42 Ct) " 25A 4:80(2)2942 2(3 42(0152,23 1 &18173 18x1 M 8 8(3)4:68229:7 x(3)6:13 .- 27:1028:12 86(1)33:19 � m 9 - A182949 !9x 1RI6019,7E 90(429540:1 904 mm( )29:5 90871-31.01(1) 9UMM 1) 3:10 9266 (7)2:12 949(1)3:11 967 (1)14:1 Z am(3)5720 572M2 (1) 53:6. 8 0) 22:5 --- -2, 2ad(2)24:15 28(1)372243:6 2 h d 1 23:2 Almr-dds(1) W 2091(a)MS:7 2091(a)o68(1) 5821 M(1)343 2084�j3620 37.3 207(1)43:11 288(3)4,7 13:23142 200 (4)1:11 L_ 1(1)724 X008 m 6DZ1 10.229:2,2 1691m(1)?6:21 380 (4)19:12,13 191733:19 11(2)9:146:1 110; 348.1 as234s:10 s 5(1)9:7 3:33(1)68:1 5:35(1)2:10 '� (1)42 30(1)9!1 '5611)3929 6 PRECISE REPORTniG SI mcs 800 - 647 -9099 NCR UP /RA 00643 NCR 00499 1 I J PRECISE+ (l wwop�ON�n•PSrNgala PUBLIC HKARWG NEWPORT BEACH RECOVERY Date: 01/119 i NCR UP/RA 00644 NCR OOM GROUP RESIDENTIAL USE PERMIT HEARING (1122109): AGENDA 11287-00110127414v 1 Am NCR UP /RA 00645 NCR 00507 qty of Newport Beach GROUP RESIDENTIAL USE PERMIT HEARING AGENDA Thy heating is held In accordance with Newport Beach Municipal Code Chapter 2091A (Use Permits ft sesidcntid old). DATE: Thursday, January 22,2M TIME: ) . 4110 p.m. - 6100 p.m. (Hearing must be concluded or continued by 6 p.m.) LOCATION: Council Chambers, Newport Bach City Hal 0 33W Newport Boulevard HEARING OFFICER: Thomas W. Alen USE PERKW No.: UPMS-ID33IPAWW10Q APPLICANT- Newport Coast Recovery SUBJECT PROPERTY: 1216 West Balboa amkvard, Newport Bach MWET An appikation requesting approval of a Use Permit to allow a residential MO faca'itlrto operate an adult alcohol aWar drug abuse recovery treatmentfadlly for males only. This,appikatbn has been Bled ht aocordana with ordinance No. 2008-09, which was adopted by the City Council In January 200L This is not a public hearing Item. AGENDA REM 02 USE PERMIT No.: UP2008 -M (PA2088.112) APPLICANT Kramer Center at Newport Beach, LLC SUBJECT PROPERTY :. 207 nmSbv ft Units A & B, Newport Beach An application requesft approval of a Use Permit to allow a residential care facility to operate as -a -sorer aft tome for up to 12 male and female adult resident clients. This 0s an "unlicensed 7 and more facility. This application has been filed In accordance with Ordinance No. 2008.03, which was adopted by the City Council In January 2008. This B a public hearing It m continued from December 10, 2008. AGENDA AMON 1. Meeting Convened (Hearing otfloer) 2. Agenda Item 111-No Public Hearing a) Draft Resolution of Denial, Newport Coast Recovery (UP 2008-033) (Newport Beach City staff presentation) Is) Heating Officer Determination. The Hearing Officer has asked that he be presented with a ResoMlon of Denial for Use Permit No. 2008 -033. 3. Agenda item 02 -Ca tUued Public Hearing NCR 00502 [y :iNl �l :L�nIuI�i f? a) Presentation of the lira W Centerat Newporreeach flCappikadon (UP2OMll2) (Newport Beach dty staff) b) Appikant comments, if any C) Public hearing opened (Hearing O(fiaerj. L ConMnt3 are Iirdted to comments about the suNeci property's appikation and operatbns; and Ii. Comments lkn ted to three mi vAn, unless otherwise ordered by the Hearing office. d) Public hearing dosed (Hearing Oflker). e) APPlkent shay offer rebutting ordadfying comments OppH®nt). f) HearhW uMcBes queatlo a of atystaff orapplk=L g) Hearing Ofiow determination. Options kdnde COftft imq 4 approval of a use permit with condlbtons or denial of a use permit in the letter two cased the Hwring Officer may instruct staff to prepare the Resolution for his signature. 4- Adjournment (Hoeft O(ffced. CEQA, Thk adhrtty has been determined to be ca tegorirarym empt wWer tire regWremerdsof the 0plifoniia;EmA►cnnhe l yAO ( l underflass.l (f fac�tba). Thb dasof PrOectsI= we!ndatmninedrotorharea.slVRWw ntef [eetantheemironmerntardisexempt from CEQKs pmoisicns. APPFALVEMOW. Use Permits do rat become effective until 14 days after the date ofapprovaL duff which time the decision tithe hearing officer may be appealed to the CttyCoundi. 2.k # NCR 00503 [y :isl �l :LihIhI� ! rl GROUP RESIDENTIAL USE PERMIT NEARING (1/22/09): CORRESPONDENCE TO NEARING OFFICER . 11287AWl lU 127414vlAoe NCR UP /RA 00648 WR ooM" Brown, Janet From: m [nave Bent rwmft January 22, 2DD91 :15IMM To: Brown, Janet subleoo F1At DMB Request Attar.InneMey Newport Recovery ReedWon Review.pdf Fri. I"= mwwmmqoad=m [nWxmnuftvmmtk d aanU Sen& Tdwadey, 3arwary 22,2009 11:5S And Tot 1W,Oeve Itm Date VII Attedled is my Input an the Dead Resolution for Newport Coed ReoOYery. 1 am still looking forward to a few answers from my prior end below. see you later. Lang Manse.-- - Frouc or Lcom To: A�jr,at�eacL oa us Sent: Wed, 14 Jan 200410:07 am Subject Data Request In pmpwbg for 1115 West Balboa 1 mote the fokwft: In both staltvAttee-ups on January a 2008 as well as January 2V 20M it Is observed in n pr& to FEP's UW 0% FEP was am Issued by the City, nor did nose apply. City SW believes that sane facilities subject to the FEP told the City that they would opetaie as a'6 and Uvular" but rmmnagem submitted a higher resident Ian to state ADP.- Ooaan Reoovety's ADP license at 1115 has always bean bn exoeme of 6. It began operations at 1115 in mid 2004 and separately licensed It. Based on Om eoanatian given- Ocean Recovery etxmW have applied for an FEP at 1115 Wast Balboa but appar m* it (nor anyoneelse) never did. In Aitadwmmd C to tlw January 22 Submittal to the City Counsal- summary of Conxnents WV are of sbcft notorlaus Dtmys Obemnan is attrit»ded as stating: •Exist q usm need to be legaly oemp lard.' The Response back waa:'AgreW, tlenmally. Edsft usm Whom violated the Moratorium arcW not for an FEP yet should have are kmggft t'b reo&W a Use Aam* NCR. 00505 NCR UP /RA 00649 So- Isn't Ocan Recovery "h*11911019 to receive a Use Permit' at least at 1115? 'H not, wiry► not? 2. 1 would Him to review the UP file mW any ►el W conesponderroe for Ocean Recovery sooner . rather than later. Should I arrange Im do so through Theresa ? NCR 00506 A NCR UP /RA 00650 Larry Mathena 1125 west Balboa Btwkvard Newport Beach, California 92661 949- 752 -5115 Extension 18 matilenaesgsaoixo n JMU"42M To: TMMMW.Anm4neaftofScer David IiiiQ Asaipaat Cky Manager SibjceB "NewpME WdRt OVMY;1..LC 1216 WeslBalbmBouk vd Um Pan* U 2006-033 (PA2Wg -104) Drag Ra bWon ofDeaisl Fwm: l m" Matk m 0 rhave ieview" die pr6pmae8 res h4m p WuW by t titystaff&W the Use ftm* iadwNSad above. Aftougk the oaadusion oftke mohWon is *e right ono- mmy ofthe detambadam. made within &Omaohttim scan kappro vbft T1m � semis to be � ecgidoif(y dcfmiag a liav texsoos why i6o perm@ is behtg . dmkd ettd st the same dmecagtikthttiog an all g&Wpoina for noapparan mason. Far esmtpl= 1Uemsohttianstataa: NBMC §20.91.035 (A) Finding Nat: Thatdw pmposecF Wa im oftha um is in Acme is ob eedm ofthis code and the purposes ofdw dlo t in which the (Because) °(a)pproval oft use permk would budude a coral m limiting the 'me of the Wft to a mwdmum of 14 reaidenls." The ditccttssfi� ofthe app WM Was that he objected to this m&cdmL TLerofom sAhtp tbis as a completed (aowptod) finding is in Mat. 1 NCR 00507 ►1yCi11dICL 'VIItIIi ApropoW reW ft ocmpamy hqd mm* been made by City Tlw ody meow on record is Applicant's rejection oftbe proposal to stale this as finding is both erronean and I believe unwary. Tho resobnion dwa goes m to NBMC §2091.035 (A)FkftNo.3: Tbetthe proposed use wM ow4*wa the provimm ofWs code. m dudmg say apecdW oo &dm req=W fw tee proposed . rise ire the district m which kwomhi bo kcxtad. Ile fix t. as oohed dwougli a use pem% would comply with the opawked sods of2091A.050 ofthe NBMC, ss outlined in Finding B of NBMC §20.91AAM described In. Section 2 below M& is mew mimosa the spec abilhprto is for 6$s resolution and is fact unecesurgy Appliamtbothnow and inthoffiti . Astir sa 11maw- no conditions ofuse for a use permit weeofbmally preceded and formally accepted. UnksssadentU& W.. wpptheawA [uaary.(and5naabktoApplieant) hacguageabovo i6 mm�Y and 7beadiomsolvlion NBMC g1A 91A35 FbftWoA:Ifdw use is proposed within a Residential Distrua (Chapter 20.10) at In as area where residential uses am provided for is Planned Cammsuoity DbUicts or Specific Plan Districts. do are A;emslaaw with Tire proposed use is it am- oofamiog use as specific d Is C 20.91A of do NBMc`a nd an epplimmoa fir Ann permit to eotiaue tiro usebas been Med.by "ChaptcrX91A. Approval ofthe Use Permit would include condidow of approval a firing the use ofdw aabjed property as aresi len iAcem; hdft to be operated iaaanmWdo will resaiet the potmW foraeowummd SMOM Impacts to aeighbomig properties, will ensure that contact intornubon for the bA ty is avail" at all timos, maximum resided occupancy facility will be l ndUd to. 14 ra excel e**Admt to loo peraone per dwelling m0, the hcHitY will operate pursuant to Ilia tams ofthe license issaad to &a haft by . ADP, odw oartificatioaq. as appropriate will beobtained by rho facility, and the names of all owners of the 6sailkywill be available to rho Chy. This Imgaege above is mot teem. Clearly is r*eftg the sppliembs the mse Is act 'hoaslsteatMI& f e pwpom specified In Cbapttt 2091A sad eonforau to A regtdremeob of that Chapter;" The dettrm6uttlasc,N flee contrary e�eb k the analyaie of Seabee 4 of the resoludon, t bat "Fbadho Bassi D of NBMC IMIA.0f0 eaamet be ntada" 2 NCR 00508 [y :ill �l :L�cIcI�i f ht addhimt9td Wilcabie standard Of law is nmm %W tt"in a m mnerthatwill restrict A hepotentialfar secondhand =0100mpactamneigll" gp"atice -R ismnota0M s000edhand stook to be detected on adjoining pucets. mot to resWd the potest aL 7lm resolution auras: "I- No Xcon and swdm can be detectable outside the Pop"." and does so atiy based on the wowbw ImfliciliwIsoug, eatopalrquiatimrc*m m ftmdeskmmedarms wid m a cantyard macs of*o fitaility.71te ew4rW d area is endwed an sU silos by wa0s but is open to the sky. 3maokiog outside ofdw lio>its ofdw enclosed owdyatd am is p tbWtcd. Bvm aoc%ft dun fills as taro- don m of amossa* lead toibe mnciueion than woondumdsmolm can be delectable waWde ¢wproperty. TWoomlusotylanguage tq►pesrs m have the A"Hemot protected - mm in the evmttlM secombiand amolm em be dtaoctodwheo amddOg Daly exraawithiathe onuutyardy. why is tl ro�SbB' aatmoquhmgtbattheApplicmteomplysrili hiuwmafba8em shq* waft WA ft fsvomable conahtetoa ofdro Applimat- with so dkettevidenee P'mmPP�titispoaliar? Iamleedw�6ymatharesidetdsevideatlyhsvk ►gmbnr coucMdon- and tfdrey do st a law time dwp teethe char 11141MID efdo low- Will die Applica d be pmteated and dw chb= at risk? W am ihe10 avmuitesohiog 0ondosiotrs bed included m a degal res kdm m may memo? 11,ereaolutice ages as folbwx 2. Opwatians Fad0ty must c*m*withstate and local law, and the Ilan, inahtding soy modi8cadoms mqubed by this Use Permit. CdvM *AIl is Is a mwhdm for do denid ofapamit- why would twtthlehmgop read-ht the event that 60 AMIiesoc succes"y appeals its denial, tha in order ibrdw NCR 00809 NCR UP /RA 00653 Pm* to ever be isated that it wotdd only be bow fonoweag Appumws written qPwmeO 601 PwmaftadY cedttee itaed&my as noted above and m&mimioa of 'the 8& y'taiht+StMwithh Sirtydaysofaachettoctl 60 days of said and nxdve said a atatdedlicatae ftam the 3taw ADP wfthin 1'he ttsofWioa thm atatex NUW P"IA- 060Fft 13: ru p q aty wd existing stns are Pkdmlb cubed to amommodate 68 W- ChafSq�B& vedpeters OOdm of ft En W& mdn dds ddmuft aimpfymom 17reaWN5tielalits!.f rl%hl= tw ON StdoADP, dwadom o>thisfacility, and theocmWwmgOf ft*.iata'lftyandismaotieeof'its Ifthe gradedapamitonapped- theC&ydatid=&= safety vraetobe Iommeo4 gwt Hearing 0liiaa'sdedsfoa, btttsug918tgW ameddtynecoosfdaatmbe gfvm 10 WW itomoeded in the ha guM oftk mmahion, Sinoiun . y ens I NCR 00510 i i NCR UP /RA 00654 GROUP RESIDENTIAL USE PERMIT FEARING (1 /22/09): PROPOSED RESOLUTION 1 iza7-001 ni 1z7a]avi.aoc NCR UP /RA 00655 NCR 00511 =01111 57,117! A RESOLUTION OF A HEARNG OFFICER OF THE CITY OF NEWPORT BEACH DENYING WITH PREJUDICE USE PERMIT NO. 2008-M TO ALLOW AN EXISTING GROUP RESIDENTIAL USE TO CONTINUE AT 1218 WEST SALBOA BOULEVARD, NEWPORT BEACH, CALIFORNIA (PA2008404) t - • .: ��: a :.. �, � �. WHEREAS, the adoption of Ordinance No. 2008.05 amended the City of Newport Beach's M micipaf Code (NBMC) relating to Group Residential Lhww and WHEREAS, Ordinance No. 2008 -05 added Chapter 20.91A to the NBMC. Chapter 20AIA sail forth a process by which existing group residential are fa . except for sfals4c rmed drug or alcohol trestruent homes serving six or %wer Giants and not operating integrally with other tses, must apply for use permits to remain in operation beyond February, 2009: and WHEREAS. In order to slaw an existing group residential we facility to remain in operation, a fleecing OfAaff must find, following a noticed public hearing, that all lour of the findings Identilsd In NBMC §20.81.035 (A) and all saver of the findings Identified in §2DAIA.080 an be met and WHEREAS, Newport Coed Recovery, located at 1218 West BOWS Boulevard ('Use LOcaftm) In NeMmd Beech, CatMomta Is today a group residential care fafy in an apartment complex housing seven units that Is a akohol• or drug residential tmafinent home for tip 29 persons (ADP License No. 300150AFT, and WHERE^ Newport Coast Recovery CUsej applied for Use Pervert No. 200& 033 to continue its operation as an 18 bed facility under Ordinance No. 2008 -05 within the applicable One perlod, and a noticed public was held on Monday. Deoanber 8, 2008. at the Newport Beach City Council Chambers where public teatinnony was telm. Including testrnony Uonh the applicant and this hearing was c han" w Monday, J 1 wreceived ave � � Chambers where mare applicant and WHEREAS. both hearings werepresided over by Thohae W. Alen, Hearing Ofterforthe CRY of Nemqwt Beach; WHEREAS. the Use Location is within the Nonstandard Subdr Wm Area as defined by. Ordinance No. 2008.05-, and NCR 00512, NCR UP /RA 00656 2 WHEREAS. -proxi nam to the Use Location are the following uses referred to in NBMC §20.91A.060 (D): 1. Within 300 feet Balboa Harmon Recovery SwAces (11 bed licensed treabnent facilky located at 1132 Wass Balm ecuevard, with an approved use pw* is one block east of the Use Loa tlo k on the same aide of the street. 2. 3. Min 750 fast Cfirld'Chun day Care center loMW at 14 4. Minn 1250. feet: Outlets for H61 located at 215 W 10 Street. Elernentary School f'.studedIS In grades lest located 1327 West Balboa Boutevd. Ma "large (44 ciftirs rcapadly) IO West 13altioa BCUlevard). alcotw9C beverages are the Arnerlomh Legion treat arid fry's Market located at'115 E 15m NOW THEREFORE BE IT RESOLVED: for the tom FMHW Nos.t, 3, and 4 of NOMC §20.91.035•(A) can be made NBMC 9041.036 (A) Finding No. 1: That tle.prcposed hocation of the rinse to In accord with the objectives of this coda and the purposes of the disblot in which<the wig is located. The property is located in an R-2 District, and the proposed use as a residential care fact is a ravou doraft use. Nora pouring. Trees in a residential district one su*d to tie provisions of Chapter 20.91A of the NBMC. The proposed use Is In accord with the objectives and requker nents of Chapter 20.91A beCarrsa an application has been filed to smm approval of a use psmg to continue the use of the subject property as a residential care faclMy in the R-2 District, pursuant to Chapter 20.81A of the NSMC. Approval of a use permit would kusude a. condition Iimiling the condmied use of the facility to a maximum of 14 residerts. The qty of the use with 14 residents housed In 9 barrooms with 2 persons per bedracm Is consistent with a typical residential popr9a0Cn factor of two persona per dwelling unit In the R-2 District and the sunound'awg properties war the R2 Dlolricf. NBMC §20.91.0.46 (A) Finding No. 3: That the proposed use wM comply with the provisions of this code, including any spec6lc condition required for the proposed use m the district In which it would be located. The faciltly, as amMoned tmo a use permit, wmM Congrly wNh the operational standmda of 20.91A.050 of the NBMC, as outlined In Fbxft B of NBMC 520.91A.060 described to Section 2 below. NCR 00518 NCR UP /RA 00657 F City of Newport Beach Hearing Officer Resolution No.,_ Page 3 of 9 NBMC §20.91.038 Finding No. 4: 9 the use Is proposed within a-Residential Glaitct (Chapter 2(L10) or In an area where residential uses are provided for In Planned Community Districts or Specific Plan Districts, an use is consistent rvi h the purposes ..apecilled in Chapter 20.91A and conforms to all requirements of that Chapter. The proposed use is a iron- conforming use as spea0ed in Chapter 20.91A of the 6 NBMC and. an.application for a use. Pew to continue the use has been filed by Newport Coast Recovery, the project app pcant,.consistent witil :the requirements of Chapter 24:914. ; Approval of the Use Permit would LxAmde condiliors of approval . requiring the conWared ,tree of tier subjeci property as a residential care Wily to be , operpteo in;a manner that wan ftpoterdial for secondhand smoke impacts to i neighNxIng Properties, wits ensure :that. contact information for the fads ty is avaiable at all tines, maximuan resident occupancy of the facilty w61 be. Canited.to 14 residents equivalent to two persons per dwelling unit, the faft will operate pursuant to the } terms of the license Issued to the facility by ADP. other cerliftations, as appropriate will be obtained by the facility. and the names of all owners of the facility will be available to the City. c That Fndnge A and B and Fi w*W E thrcwgh Q of NBMC §20.9..1A.0W can be made for the kdowing reasons: NBINC'O"1A.060 Finding A. The use conform to all applicable provisions of Section 20.91&060. These development and operational standards are summartaad :as follows: 1. No secondhand smoke can be detectable outside the property. The fads .smart operational regulations restrict smoking to designated areas wriatkh`a caouityard area of the facility. The courtyard area Is enclosed on al:sides by ; web btl.is .open ip the sky. Smoking outside of the limits of the enclosed courtyard '. area is prohnided. 2. Operations Facility must comply with stage and local tine, and the submitted management plan, including any modifications required by this Liao Permit. The operations of this.Wity are.n compifanoe whh.t m Stet ADP license, and as conditioned with approval of a use permit for the facility, would be required to comply with the approved marnemert plan. Approval of a use permit for the faciRy would include a condition of approval requiring that the applicant obtain an amended State ADP license to allow a ww&num of 14 residents and that within 60 days of the Issuance of a use permit, the applicant confirm, in writing and.wMr such Information NCR 00514 NCR UP /RA 00658 Cdr of Newport Beach Hewing Offim Resolution No%— Paige 4 of 9 presented to the City, that the counseling of familial members not In residenoo at 1216 West Balboa Boulevard is acoeptabb under the term of the ameM ADP license and any i pure ADP license. 9. -A contact name and number must be provided to the CHy. ; Appropriate names and contact information numbers are provided wititin the application. Approval of a use permit for the facility would include a'condition of approval requft the applicant to provide the City wdh -the appropriate'ailer hours' .maybes and ooroaatinionnown nanbers. 4. No services requiring a Dense can be provided N the facd8ty does not have a licanae for twse cervices. The operation plan for the Saft provides Met only terse services permitted by the UdIly's ADP tic ense are performed within the facility,: 6. There shale, bo no morn limn two persons per bedroom. plus one additional -resident, unlass a greater occupancy is requested and granted: Occupamy must also comply with State licensing 8 appllea bier. The facility is licerieecl for a mw num occupancy -of 29 residents. The facility 00 t ft1 S ihedroorrw cumentiy occupied try-two-persons Per bedmorn- br a tots of 18 residents: Approval of a use permit for the facoy woultir elude a? condition of `,approval requiring the-applicant to obtain an amended ADVIlceiae a *611dfft a °mwidmum msicterd- occupangy in treatment of 14 persons, the equivaieodw two pmsmhs per "+ding miff. This occupancy is consistent vrtih ' the residwdial occupancy design of tie budding and the occupancy standards of NONC Section 20.91A.050. 6. If cartficadon from an catty other than ADP's licensing program is available, applicants must get Gist certiflcadon. Approval of a use permit for the fa ft would include a conditon of approval requ ft tie applicant to consider the mends of additional eeacadon available to it. including lwi not limited to an Orange County Adult 'Alcohol and Drug Sober Living won. 7. All individuals and entities involved In the fag's operation and ownenthip must be disclosed. AN employees and management personnel have been disclosed in the application documentation. NCR 00515 i Y-. .• -T,IJ •. 8. No owner:or manager shan have any demonstrated pattern of operating similarfacOlOes: in violation of" law. Aoeonling to k'br aWn provided in the application documentation the owners and managers of the faeft do not own or.ol ate any odw similar facility In the City of Newport Beads or m the Stab of CaNfwnkk and there is no known record of code violatiom. 'The fadrdy/s SMte.of Calfiiorniaa ADP incense hs in good standing and is .vvJid until January 31; 2010. NOW JM91XM Findirmg B: The . property and existimgy' strmoWmea are physically suited to accommodate the use. The building Is similar to many oiler residernfial structures. ate: West Balboa Boulevard Constructed on a lot parcel that measures spp oxin sly tit fast wkis by 100 feet deep.. The building was oonst acted In 1949 whenthe subject prope*jwas zoned R-3. The property was, efer:remned,to an R,2 Dishwt:ln 1989 along with o0rer properdes in the area. As a rasuit. the structure is nonowA inning structure pfd:, to continue subject to the provision of, Chapter 20.02. *Wo confonneng Sbuclmes-and Uses,' of the NBMC. The City of Newport Beach Fire Delmiment is the responsible agency for kplemenlIng firs pin of d.group residential cam :foofities and•raehdences. The p operly has an eppn!ved . fire clearance fromYhe:t jtyt► Newport Boach Foe DgWtmentdated June 6, 2004. for a maximum oaxpow#.. of 29 residents; as weU as staff..- Separaie front the usepw ►ft moons, the Wilceae, may beietp" to conduct an amMtecbral coda analysis of the facill . to defem>ine if ".facility complies, with .exF*V Cnrn mt: Budding Codes for this occupancy Typo, or- the BuiWmg. Codes mdating at the time.Ow.facility was initially at the.time thnn.fecftyy was previotsly issued a "fire deamnoe.' i NOW VO 91A.060 Finding E:, The operation of buses and vans to transport residents to and from off-aft asftvilles does not generate .vehicular traffic substantially gseaW than Onat norm llyr generated by resideMlal acdvNes In the surrounding area. A facility van provides transportation for the residents on a wsakiy sdodula dispersed within the day and among the days of the week so that van bgrmportation le 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 knck de a CWKVII n of aPPMV'd nxMc kng leading and unloading of transportation van passengers to occur within open . parking spaces along Walt BAoa Boulevard and pr r9 van drivers from stoppkrg or double parking in a traffic hens. NCR 00516 [y :ial �l :L�rIrI�i�iC City of Newport Beach Hearing Officer Resolution No._ Page 6 of 9 NBAAC §20MAA8A Finding F: Arrangements for deRvery of goods are Triads within the hours that are empatibie:with and will notadversetyaffect the peace and quiet of neighboring' properties. Business products and other.padcages and goods are deMmad to the facility's business of ice located off - site,.. From this location, goods are delivered by staff members to the fmc fty during wedddays betwfeen the hours of 9:00 a.m. b 5.00 p.m. These days and hours for deliveries are cormMstent with nonmed worling hours and as such are ooh with and will not adversely affect the peace art quiet of neighboring properties: NBMC §20.91AA00 Finding 0: Armngenrents for cormnerctal trash collectiion in d3hu ass of uaua l residential collection are made wtddn hour* dart am Ouripaflble with and will not adversely affect the peace and quiet of neighboring properdem The applicant contracts with a commercbd waste nunagemerd coaparty which 000act9,trash twice a week an weekdays betw eeri the hours of 9.00 am. and 5:00 P-rrL The hats of trash collection are wain hours that are conpatibs with a r d will not adversely affect the tie and quiet of neighboring properties. That Finding No. 2 of.NBMC §20.91.035 (A) cannot be made-for the following mason. NBMC §20.91-035 (A) Finding No. 2: That the proposed tIODS11011 Of 00 'use permit and the proposed conditions under which it would be operated or mairdmined. will be consistent with tim General Plan and the -purpose of &a district n.whichllhe site it.locsted; will Trot be debtrientalto the pritigc hasith, safety peace, morals. oanforr, or weelfare of persons residing or worldng in or adJacent to the neighborhood, at such rise; and will not be deft nentaf to the Properties or imps wwmr►ts In the vleintq or to the general welfare of the Illy. General Plan policy LU 6.2.7 dhects the City to mmfte day cane and resldeM181 care facilities to the maxirasn extent allowed by federal and 8106e law 80 89 m mfmmize hnpade. on meid*al neighborhoods. Appmval of a use permit for the tooft would include conditions mguMMlto use and operational characteristics related to curfew hours, smoking, transpomkm of dents mf -efts, trash fin, delivery of goods, and Was of services provided; however, the continued use of the subject pmperty as a residential care facfify in to Use Location would be detrinentai to the public health, saleiy, peace, mdxds, comfort, or welfare of persons residing or wor" in or acgasent to the facility. The Use Location a promote (within 300 feel) to Newport Eternerrtary School located at 1327 West Batirca Boulevard and proximate (within 7501060 to Christ Church by the Sea's Chidrern's Center, a large day care fadfy licensed by the State NCR 00517 NCR UP /RA 00661 City of Newport Beau Hearing Officer Resolution No., _ Of Calibmis Depa t mnt of Social <Servirm located at 1400 Weal Balboa.Bohlomd With a capacity of 44,duldrmn. These .facBties could be atfecled by the Use due b 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,'A ter, smoke, and. frequently engage in offerhsive and disnow 131anricrs irwwmpatible_with nearby sdhoot and daycare uses. The Use .Location Is. proximmata.: (Within 1250 feet) of two outlets for alcoholic behreragee (l4nu loan tregion Hag at 215 W. 156 Sleet and Fry s.MarlGSt at 175E t Ile Sheet), both within walidng distance from the Use Location whidh...glum residents of the Use convenient access to alcohol sales and service. $ 4..,Thaf.Flnclings.B.and.D of NE §20.91A.060 cwuid be made:.for , t he•folkowino reasons: , NBMC. §20 IA.M Finding B:. The project. includes suMclard orh-aits parking . for.the use, and traft and bansporlation impacts -have been. ^raltigeisd to a level of Insignificance. The NERAC requires off -street parking and koadmg spaces for a residential care faIdIrW fa. ratoofoneapacelor <every.threebeds. The facifty:primil a ukWofsix off - street part" spaces: and therefore, wotdd meet the NBMC.requimerthants for off - street paddng for 14 bads with the ameption of weekend family counseling sessions as dbcu%mW below:. . Residents oorr PPM - their .final. phase :of treonent, which includes 30 days of resmdency, are.. noV allowed to have personal va kkm .:Ciiefds Acing their second and third. phase of treatment, whklh includes an additional 30 to 00 days.of residing►. are penhaNted have their personal vehicles. ahthe fadlny t deterrni hed-by the facility operator to-be necessary (La for use driving to and from work): - Approval Of a Use Permit for the facility would include a c Wilon of approval that the epilkm* (1).purchme one.n=W parking pemdt *roan to City to use for on- sheet. packing by each diem who is permitted to drive his personal vehicle to 04 from the f cW. and (2) restrict the number .of clients who reside at 1210 Molest Balboa who are permitted to have personal vehicles to a ma xknm of three. Newport Coast Recovery conducts regular ferrhtiy counseling sessions on weekends. Familial counseling for non-residente, while being an important part of the moovmry of resident duff, can significantly imped ometreet. parking during busy weekends on the Balboa Peninsula. The use of mebvm patting by am facmyh on weekends irnpacts the avaaabldy of onset parking for use by residents of the neighborhood. NBMC §20.91A.M Finding D: The use will be compatible WO the character of the surroundhM, neighborhood, arid. the addition or contnuad maintenance of NCR 00518 [a] :illA:L�kIhIkiki the use will not contribute to changing the residential character of the neighborhood; such as creatintlen overeoncentration of re*kkntW care uses in the vicinity of the proposed us& in-making this finding or sustahring such a flndhng, the Hearing Officer shall considar, as appropriate;' the Mowing tech=. 1. The prexknrity 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 aNact'thooperation of he subject use; 2. The existence of substandard physical duutoterisHas of the ares. in which the .usells located such aef ict widtire; sefbaciws narrow'etrepts, Ilmlied ,available parking,: short blocks, and other substanefard ciraracierleUes which are pervasive in certain areas of the City of Nsrrp6rt Bch, Including Vorlione of West Newport, Lido isle. Baiter "Panes Islaod, Comm del Mar andAewport lieighhs, which portions wtnra'depirt ta$d on a rap rabored to as the Nonstandard Subdivision Area.presennted to do Newik" 1 "oW Plarming Commission on 8epternim 20, 2007 and. on file with the Director, ofPlannhM and & Whellw in light of the-factore applied. in subsections ?A.MA;IXA and D.2, it wcukl be aPProWiate to apply the American Planning Asso�tion standard o#',pe'mFtting one .or two such use per block., AAedfan block lengths In :different areas of Newport Beach widely'ranpe 'Aroiin 308'lesk :lA the MbrMtWft9d Sub"lon -Areas to. as much as IA& feet in standard subdivision - ams. The average ^cakariable Vock.ietigfh in much of-the standard subdivision areas Is 711 led ant the calwiabm madan block length is 817 feet. The Homing officer shall apply the American Planning Association starndard in all- areas" of Newport Beach in a manner. that eliminates the Mention In block kagdo. In making this determination," On hearing oflicor shall be guided by average or medlan block lengtiw In standard subdivisions of ""tire City. The Hearing 01111w shag retain the discretion to apply any degree oVseparation of uses, whkfi he or she deers appropriate in any given cow. A copy of the American Planning Association standard is on file with the Director of Planning. The Use Location is pfaavmate {within 300 fM4 to Newport Perry School located at 1927 West Balboa Bouevard and proftAte (within 760 feet) to Christ Church by the Sea's Children's Center, a forge day care fadlity licensed by the State Of California Department of Social Swiloss located at 1400 West Balboa Boulevard wNh a capacity of 44 children. These fadAtles could be affected by the Use due to residents of Newport Coast Recovery using the open dal area associated with Newport Elementary School and the poteolial for residents of Newport Coast Recovery to biter, smoke, and frequently engage in offensive and dive behavi ors hoompohble wft nearby school and daycare uses. NCR 00519 NCR UP /RA 00663 City of Newport Beach Hearing Officer Resok ton No_ The. Use Location W, proxknate (within .1250 feet) of two outlets for alcoholic Pee. .(American Legion: Mail at 21§,W: 15"' Street and Fryia Market at 115 E ,I ,SheeQ :both wdtwr walkfg :distance from.;.the Use Location which allows residents of the Use convenient access to aloohol sales and service which can affect the ability of the Use to I* operate as -on alcohol rehabilitation Wily. The Use Location is wift,the,Nonstandard .Subdivision Area, an..wea.which is characterized by narrow lot wkhhs, small setbacks, narrow streels, limited available on etreet #nd off<sireat,pauidrrg, end abet bkxics.• ;The Use: L,ocatort pr oykies sloe ow antis. Parking spaces for. resident -client and,, faaTdy staff use, The, operaikcns and mar iai !: of . _ Use. r ogwre cnvriid paAang for fbmly caerseling on weekends which impacts the availability of .on streef pad ft far. use . by residents of the subttvi : Irt,addan. actse assodstaq.with the operation of the LIM: inctudtng music and ehoutir;;, is audible �: properties The:Use. Location is prmdrnats to at least one other group residential faolft with an appaoveil use penruT for 11 beds at Balboa Hwkwns is within a block distance In the Nonstarnlwd Subdivision Area dud is lass than the average calculable block WVM. of,a standard::aubdivision in.:Newpod Beach (711. The APA standard suggests tbat.P.p morq.than "one or.;two (recove facW::usas".per block be: approved to btockt or a on. to the wdetence of an.approved)lI bed tacilMy w8hj)► kd last of the proposed sloe. This neighborhood would experience an cpt> tUatgiraf. beds. ' US uMW in other.parts:of Newport: Betio i with the 0.010 al',of proposed 18 bed,use at.Newpod Coast.Rsoovery;0W the 11 bed 'use 'l i afad nearby ra Batl,)os Horaons. Sactlon L The Hearing ONicer, hereby denies with pa judloa Use Permit No 2008,033. $won, The action. shall become final aril effective fowisen (14) days after the adoption of this Resolution unless within such time an appeal is filed. with the City Clark in accordance with the provisions of Tile 20. Planning and Zoning. of the Newport Beach Municipal Cade. PASSED, APPROVED, AND ADOPTED this 22a0 day of January, 2009. By: Thomas W. Allen, Hearing Officer NCR 00520 [a] :411 :11 GROUP RESIDENTIAL USE PERMIT HEARING (1(22/09): REVISED RESOLUTION PRESENTED AT HEARING 11287-0011 %11274 (av! Ace NCR UP /RA 00665 NCR 00521 NCR 00522 NCR UP /RA 00666 NCR UP /RA 00667 NCR 00523 El } i 1 i 7 dy delewpat Ssadr Neadt Mow Reaalullm No._„_ I pages d11 The Standards of 2DA N&W oullined in Flxnp B of NIM §2SAIA -M described In Sedbrr 2 beloa t NBMC §26AIAW Fly No. 4: N.tira Van is popoaad within a Rsddsatbd Cbklat lCh ipter 20.1O) Orin en sess whew rsaWaNW uses MO p orNMd lain PImW Communitlr. Diddote or llpsetilc Plan Atsbtala, the suss i.aouddwd with the purpow .sp ~ be ChepW .fSM aqd .Goolorras to as rMpdnarNdo of that Chapter. The proposed use In a nawoolaartdrp, use as cps Ill, la thupler 20MA d the NO= and 'an al"covoriv it uee.psmr0 to orrdinW tha.yse. has.bom Ged by NO WIW Coed Reooaary, ea6 Pry aypYoerif consistent with lie mWAVenwnb d ChOW 20 1A. Approvel eflhe ilea P init wagai i ids aandilkm d approval mqukft the corNMaad used the ad jectp.prgpady is a faldardtal aq tadBpJa be operand in a nwaaertlatwla reebktlhe:otetadgl farssoarrdlwrd iriaoia a!p>d<to. neWIAMM proparaes, wR ensure fmciritact h4wraim for befecMy Is rwel la. at aI 6rrres, nuadnsan resideert ooaparroy oohs faolNy arN ba MrOed a 14 reddenla egalvebnt to taw person Par dweRV ta* the teoft vA aperats,pursumrtj o the arinq d ilia IcKm h oued.lo the fa ft by ADP. other ceeNcr@oea. so will be abfsirW by the facsty, mW I —s caroms of at eaawor at Sra.mcNgr will be avidiabb btla Cltr. 80011M X That FkvIhW A and 6 and FirdlW E through O d,NBUC 620MA.M osnbe made tq*A lirllowing ransom , NSMC fy"AA60. Ftndbg A: Tlr ran e=dema to as appssabM provIsica a of section WMA. 060. Tlasa dMealopasent awrwa dasfollows: n opra1aa standards an 1. No naandhand smolw earn be ddectaMa outside the props t. The fariligfa current operdbrral Mpla0ota restrict mokYp a doslpradod am" wilhM a courVard area dthe tadwy. The cougrerd area b endosed sn +sides by. walls but b gran to 0a stq. Snwgrg orAka W t1a Imlta dais endotad aowtyard area b prdibiled. 2. Operallum Fatuity must cor iM with state and toot) k% and the sabmllbd rnen"exant phH4 Including any reaciffictillorat respilnsd by tiro UN PWML The cPara6wrs at Orb adlly am in OWWO oa wkb 00 state ADP Ioww% and as carrdl6onad ariih approve) da m pu" for the tacEly. would be regdrsd a comply with ft approved managanwd plan. Approval of a use permit for the facility would [a3 :ill �l :LirItI�i� ? NCR 00524 kdude a cmdRicn dapptowl ragndn0 gut tlo app8mnt obbin an amended !;bola 4. Noesrvlo9aF0*d 8aHOwwesaMj Ml NaoTAgft does adtaw al, lbrgmasadaa. The qwWm pFm for bogy pvMw Omt oey Ocoee mvkm pormlled by'aw AOP6owftwepol medwNiram%coy. S. flow dba0 ba no men tm too parwna porbodeooro.pko am addNbnd memo%% wddes aveaeer oceapoacy 6 wquesM and 8mnbd Occupancy Moat also ooa*ytAthStdolloo Napppeagla. TM bdk b kwWO br a main n om wroy d 29 watdafa. The .f A r omjh*a 8 badnddrlal awwntlq aodupWd by two pecan S per bddoom fW a loll! d 18 MM@rN. App VrJ ooa uwplma for Ihelaclly wouM h dudea odrdUon d appoval r*QLwm go appaaed lo.okbaln on I,' .ADP Agnes esuhlohkg a wA*m n resident aacupamV b t d 14 pardons ao agAwwt d. to ponaw per dwd)ag wi Tds aowpwM is amddad vM to rm I W ooe �dedpn d do buAdkg.and ao aoagmgr s[arberW d NBYC Bedlm 6 N cardsoatlen trove an a" door I" Am% 11 N ara�N.aPPnbMatOatOS# Appoval Of a wo Pena$ for go waft Indudo a omdtlm of appovai mwkbv Ow dppRwudto conskler 90 meths daddlAond oeNliaaon awaldda b k hd"M WA not oinked lo an Oranps Count' AditAWW and Dng Saber LMV ceamCadon. 7. AN buRddonb and ondit* kwokad In the 6WWo OWSSOn Mad ownerdldp moat bo dtsclosad. NCR UP /RA 00669 NCR 00525 i - as attewpal Beach . HeaAw Officer ttaack" No,,,_ papsall AI &O" snd MNMO UM parsomd: have been dbd*W hr ft appramoa dommwrbftL & No ormer or manger dmM here say daaamabtne gaqun of opemmg - SIUMB rtadlMn in vkkdm ofthe hw. Amonig to kbneesan provided In the appicatim doarmankdton do Creole and .:,.. nwppna.dths kWb do rwt oral or aparels aM+olbr akroa►hdMq'Ia 1tie Clgr a -. ' -: Newport eeph a in Sraslalref Caf wnh4 and 9mre to no b MI ramrd d mda I wda�aa 11 � 71raRela _tOCaWe+andMaea6.'The +scnoo.the of a _ -.. i:. -r •:,' .i AtWOaelwaaFngoodearrf wdbvddur9JW%my31;2010. IhS pub and eat4tkg atae+raee are Phipicaft sukaa to accommodate the see. The hr1Qh0 M amw to msry agar led .* -bi skucdaes slag wag Bag,ba Bmkvad ccautu eed an a lot pmW that nwaanea appladmabdy 92 Fsat xlde by :.. 1O0faddeep. flrekkrtdkg: rv» acratrttoladb1g49vrhelt .thesubJea:iaaplrgi.rrar `;`- .- ',':'.'!''.. zoned ft'$. The propeltywlae laser (eZafled ao an R 2 OieMd h t9�'dag wgt ::.':.: -.'.. -- ".:' ' adlef properties TA fhe area. As a rasuR Dye ekllCkae Fe lrorraarrfornilrg aklastee ,''.Y _ '.:.:.' - -- _ pmrNtlad'b mrlmra eul�eot m the proMdorr d thp0er 29.62 •Nawarfornirg _ - . '- 110 CRY of Newport Beach fire DepObrrnt ft the reepon" agency for•,' .:.:; ,':. -' :..: -: : ,: '`: tnpiwmm tg be protadion d:aO:group roederMtl aae'TatlBlwa.and'r roes The m led properly Fee an q*mvadfire deKrw a from:tbe CO at Newport Beady RM Oapstrneet ditd Jur &2D04i *w a aM*nm aaalpww a 29•reWwft as VIA MeatdF SOPwIft *QM . the . 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L oc J w ` 0 Y1 �•, ..L.. . fD L. a C T. '.y ro C O 4J 0 ea d v:4j � V 9.M O 7 al 't0 p1 CC . .v p a1 O Z C a0 N�� y +' c ro ro'cv. o V w tv _ yoo0 cco:.U' . �.� 4J �, L m' c c' 2 E 2 m �. $ a m 0.: C. L V u O V V:us '% p. W 4A W c d 0 M CL > CL v aJIX ZwD Qcs. cL< 3: . Q ■ ■ Q ■ ■ a ■ ■ ■ . ■ ■ ■ NCR UP /RA 00678 NCR 00534 tn .. to C j U 4 C a c O 0 L a� o 0 Q m 0 m V u " C. a)" 0. A m N C. v � C O Z "t7 C •a cos E L La v M: w -m cnt U Z m c aD .v 'i a -%V. E �N .c 4 W 0 CL ri A�N a E (ca: cm 0 o°J. Q) o 0 QC N ul �'n r- a1 C v --.- x+ c •� tA..�4 2 fa � to T a E oda F'QO L r r a s L a E .c u a•" 10 t o ' c tT 0 +i • a E U w i`s tr Oc m d a 4-J U 0a= ==y•0 WOv� OY�. _ y V s. m 0 U E � a-. � -g°1ko row ul cli -0 v aaa Wo C C. CL L.w c 0 ��'p m� CL 01 o. N a = fa ..0 Ta C. a � to tt7 s 0waj�'E c o- V m CND Stn C c E c- 4 M >.W �� o c in mE- �,. 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KUM" ��p , 11PR C8R No. 8266 PRECISE - Rl3PORTING SMVICB (714) 647 w (800) 647.8090 • VAX (714) W i6U _ W.prooiproportla0.00m _ _ — NCR UP /RA 00685. NCR 00541 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 Public hearing me taken an behelf of the City of Newport Beach at 3300 Narpost Boulevard# Newport Beach. California, beginning at 400 p.m., and endi»g at 4:28 p.m.; Ca Thursday, January 29, 2009, before LAURA A. MUM, RPR, Certified Shorthand Reporter No: 9266. 2 PRRCISS RSPORTM SBRVICR 800 -647 -9099 NCR UP /RA 00686 NCR 00542 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 NB)PPORT COAST RSWMY - 1/22/2009 j APPPARammss For The City of Newport Beach: RICEARDB; MATSO, 981WSON BY. PATRICK K. BOBKO, ESQ. 355 S. 0toza Avenue, 40th Floor LOS Augel8se CA 90071 -3101 (213) 626 -0484 CITY OF NEMKMT.BEAW BYs DAVE KIFF, Assiistant City Manager JAM JOitiMW BROWN, Associate Planner 3300-NewpOit`3CUledard NewpOZ't Beach, CA 92658 -8915 (949) 644 -3001 For Kremer Centers OMMEY, TOM", C+UM, DOFFY & NOW BY- DAVXD R..CDORM, ESQ. 535 Anton Boulevard, Tenth Floor Cost& Mean, CA 92626 -1977 (714) 431 -1002 PR8CISE RBPORrnn SERVICE 800 -647 -9099 NCR UP /RA 00687 J R NCR 06543 i 1 2 3 4 5 b 9 8 9 SO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT COABT..RECOMY - .1/22/2009 URKPORT BBACB, CALIPORUXAt TMMODAY, JANOARY 22; 2009 4:00 P.M. - 4:28 P.K.' MR. ALLEN: All right. 8o we'll open the agenda for lbmvday, 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 an the Web Site. And then you, as yos're entitled to do,. had scee racc mendations far a change to it. Bo I wanted to draw your attention and the audience's attention to that change up on the m=Sm. it,a going to coma up here. It's towards the end. It's relating to the finding about -- it's Finding. D. where it .talks about commpatibility with the neighborhood. And the language you'll see is black is ths.language that's in the draft that's outside, and than you'll siart to see this struck out and added change. And this is something that the hearing officer PRECIBR REPORTIM SERVICE 800-647 -9099 NCR UP /RA 00688 41 NCR 00544 1 2 3 4 S B 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 NSPMRT COAST RECOMY - .1/22/2009 reccaoended 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,- vNithin that 607 foot block, where this use is located, there's already one 11 -bed reaidentima care facility, and that's Balboa Horizons.- And here's where I had ands nose modifications to the phrases you used. And it's fair for you to ask me that gaestion as to .why I did thie,.but within 100 feet# there in on application pending with the State ADP for a facility housing six or fewer people at 1217 ifest hay. This in not yet approved. And the City, by State law, needs to trash this facility like it treats any single family use. so we believe it's not appropriate to use that facility based -- ror two reasons, because it's still pending, and because it's a six -and -tinder that vna're . specifically excluded from considering as anything but a single family use. That the distancing ca sent is not appropriate to apply to that building. It's very appropriate to apply to Balboa Horizons, as you did. So that 'a my PRECISE MOWING SERVICE 800 -647 -9099 51 NCR 00545 1 2 3 4 5 6 7 8 9 10 11, 12 13 14 18 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'a kind of in the purplish blue an the screw. And then it continues on, *Acmes Balboa Soulevasd, there are two residential carne facilities' which are closed or under abatement. Nowever, 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 Nest Balboa, within 300-feet, is the 122 -bed residential facility known as ocean Recovery.9' So, if you ware amenable to those changes, this would be the final Resolution that we have prepared for your signature than. MR. AMMt Do you have concerns over the reference to the muss so==& the street,, " across Balboa Boulevard■ and mast or toward west? MR. X FF, 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. M. MZM& her. Bobko, do your have any concerns over reference to the six -or -less use that's across the alley from this use? MS. BROW: No. Well). defer -- the City's PRECISE REPORUNG SERVICE 800 -647 -9099 NCR UP /RA 00690 61 NCR 00546 1 2 3 4 7 a 9 10 12 12 13 14 is 16 17 is 19 20 21 22 23 24 25 NMUK)RT COAST RBCDVBU:- 1/22/2009 position is wbat the staff has cai4o obviously. So the City endorsee that. . NIL. AXAMa okay. I understand the cancer that the City does not have a right to object or-probibit or even regulate the six -or -teas uoe. But it still is -- it in not the use -- and Xlm;ecrry, I can't remeaber the exact texcilmology 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 srav facility use. MR. XMz Are you referring to the integrated facilities concept? M. ALUM: Too. MR. XXPP.- Okay. Yes. X think It's the City's position, and it's been the City's position, that an operator that operates a ham networked or managed with Other home in integrated. HoWever, Judge delas has directed us, via his in3vwticu. not to apply that provision of our ordinance involving integrated uses. So I apologize that this is relatively gray, It is a gray area. But It's clear to me, the couple of things. That this facility in not yet operable, and that it'■ a six-and-under. And Judge Solne has told us that we ftnuft, right now, consider it as an integrated use. PRECISE REPORTING SMVXCE 800-647-9099 NCR UP/RA 00691 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 NMOMT COAST RHCOV=r - 1/22/2009 That it.shatldnft be considered by -- it shahldnet be a consideration by you to say, *See what alas in in that block.• MR.:ALUMs Okay. Thanks. 80, I mean. your proposed changes to my proposal is perfectly acceptable. I have - me other issue, and that was with. I believe. Finding Number 1 with this Resolution.. And that bras that the proposed location of the use -- I'm sorry. That was -- it was the -- it has the finding in reference to the 21 -- yea. Pindiag number 1. M. RIFF: Finding number 1 of -.- let as catch up with you here. MR. ALTAWj 21.91.035(a).. MR. RIFF: Okay. Property in located -- MR. ALLRNs I failed to mention, as I try to remember to do, that people should turn their cell phousa. off. Tbank yon. N8. SRAWNs Section, 1. MR. RIFFS section 1, okay. MR. KIFF: Okay, so Finding 1 of section 1? NR. ALLMs And possibly you sinned my e-mail or something on this, but my feelir4F wan that this is the requirement is .035 that allows -- that gives consideration to whether to allow a use permit to be PIMISE RUMMING SEMCB 800 - 647 -9099 NCR UP /RA 00692 N n 8 a NCR 00548 1 2 3 4 5 6 7 8 .g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . MWPORT COAT RROMMY - 1/22/2009 considered. And you canot evert consider a use permit if the use is not is accordance with the objectives of this code was the way I read that. MA that, therefore, if overconcentratian was, In fact, in edstence hero or Won Id occur as a result of this use, then that would not constitute this we being In* accordance with the objectives'of the code. M. ZaM I hear what you're saying. MR. ALUM If you rejected that recommendation Of mine, "ben I Wanted to consider that, It you did. MR. KIPFs Oive'me and Janet or moment to two to take a second to look at that. (Pause in proceeding.) MR.-RIPPi Mr. Allen? MR. ALLM Yea. MR. &iPPs After conferring, because you have directed to as 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 purpoeee of the district, we would than change this finding to oe that cannot be made. And I think, es you expressed at the last hearing, this is a challenging application and a challenging issue. 90 I Mould -- if you give me a few minutes, I'll propose sane Mordemithing to that, and you PRBCISB REPORTING SMMCR 800- 647 -9099 NCR UP /RA 00693 .1 91 NCR 06549 F F 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 than prepare it with the statement that that cannot be wads, and then can you come in and execute the Resolution with that finding adjusted that way. MR. ALLRW: I would prefer the latter. MR. KIFF: Okay. x would. too. MR..;ALLffiis Okay. Let's do it that Nay. And with that, I don't have any.other concerns. As I mentioned in_ our . s- mail,. I thought that the Resolution was well drafted and addresses all the immune that need to be addressed. MR. RIFFt Okay. MR. AIJMz so that concludes this agenda item, unless staff or ar4mne bas any farther Comments. MR. KIM M, we don't. TM CDORT: Thank you. MR. RIFFS All right. so our next item is Kramer center of Newport beach, 201 28th street. And this hearing is continued from a previous hearing on -- x believe it was December loth. And I see a gentleman at the podium. Would you like to address use sir? MR. COOKSEY: Yes. Mr: Allen. My name is David Cooksay. I!m an attorney from costa Mesa. x as representing the Kramer Center. . 101 P=I8E REPORTING SERVICE 600- 647 -9099 NCR 00550 NCR UP /RA 00694 1 1 2 3 4 S 6 7 s 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 NEWPORT CORST RBCO"RY - 1/22/2409 I just this afternoon xeceived the recomme datims from the Staff, and i am not totally familiar with them, what I would seek at this time is a continuance of this hearing no that i may familiarise myself with the material, confer with Mr. Uff, and see if there are Same 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.tbs merits of it at this time. 8o T'd ask the matter be continued to a date. I don't know what the timing is on future hearlugs.. -but with the exception of the first week in Pebruary, I can generally make myself available to meet with the City and try to get a resolution put togsther: MR. ALLM Moat position doge the City staff, legal staff, have with respect to continuing tbfs matter? I want to preface their comments, bowevex, by saying that this is the second bearing for this item, and this item has been before:the.City since last Sumner, I'm quite certain. And the issue here is that there are a lot of citizens who are very interested in the uses in their neighborhoods. And they give us their time to cos to these hearings to assert their position and make their comaente. PRZCM REPORTING SBRVYCR 800 -647 -9099 NCR UP /RA 00695 11 NCR 00551 i i e { 1 a 3 4 5 6 7 s 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 kriPORT 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. 8o with that preface. however, I'd certainly like to hear from staff insofar as their position. M. CDOSBRY: By the way, I make apologies to those citizens who would be inconvenienced by such a contirmsnce. I was the attorney representing ]Cramer Center in two federal lawsuits that involved the City of Newport Beach, both of which have been resolved as to the Xrsmer Center. S0,11= not totally new to the game, but with this CUP process, that -is fairly now to me. I haven't dealt with it before. MR. ATJM4 Okay. MR. RIFPs 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. CDOXBRY: First week in February. MR. IIFpt Potentially, if you wanted to ask' PRECISE REPORTkM SERVICE 800 -647 -9099 NCR UP /RA 00696 12 NCR 00552 i 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 NEMPORT COAST RSCOVB&Y - 1/22/2009 some questions about the application, maybe if you had soma time tomorrow, potentially before you :leave -- although are have another week, don't we? MR. -COUSEV yes. MR. YuFF: So the first week of February, we do have soma wings set up the Sth, and than 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 January? Because othera+ise, welre talking about three weeks away. And if l could make myself available to meet with you as sally as tcmaaxuw or Monday -- 1R: COOUSrt All right. I know Iow free on Monday- I could meet with you on Monday. MR. RIFF: Do you think a week from today some reasonable to reschedule the hearing? MR. 000R837: I hate to reschedule and then reschedule it again. Do these hearings take place always on a Thuraday? 1St. RIFF-- 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 bopefully on as many of the existing operations as possible, if not all of P9BCIS8 REPORTXWG SSRVICB. sO0 -641 -9099 NCR UP /RA 00697 131 NCR 00553 s 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. 8o my goal is to allow, Potentially --.if we schedule the hearing for.aext Thursday, aid held the hearings* Mr. Allen bas been vary 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 fig- so my preference would be to try to stick with the week from today,. if that's amenable to you. NR. COOMM: S queen it will be amenable to me. NR. AUM. And. that. would be the same time the Ocean Recovery hearing? NR. RIFF: Ocean Recovery we've had to move back a week, no this would just be rxamar Center. M. ALLEN: Okay. MR. KIPP: 8o we have the room reserved, don't wa.. MR. ALLMM: Okay. Good. All right. Well then, if that's the position of the staff, than it would be appropriate to continue. ROwever, what I believe should always be dome in instances like this is if there is someone here is the PUCISR R$PORr3W SRRVICR 800- 647 -9099 NCR UP /RA 00698 141 NCR 00554 M 1 2 3 4 5 6 7 8 9 l0 li 13 13 14 15 16 17 18 19 20 21 22 23 24 25 N2WPORT COAST RRCOMY 1/22/2009 public who needs to steak to us who cannot be hems a week Elam 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 bore a week from today and need to mks your comments for the record nor, yoiuvre welcome to do so. But I would discourage it, but on the other head. you should all have a chance to be heard one way or the other. ' I 'see Nr. Isithena. NA. HaTumt Yes. !R. LIM=: what date again? MR- ALLEN: January 29ths correct? MR. RIFFS 4 o'clock on the 29th, a week from today. MR: ALLWs If you can't be here, yci'ra welcome - you realize -- Na. MAYHMv I can't be bere. NR. ALLEN: okay. hell, you're very good about Putting your Comments in writing, and they are well done. Aud so if you used to say something, say it. NR- WATWUV4 z A couple different points. Number one, .1 have reviewed this file in depth. I have looked at -- and actually, the City a superhuman efforts in attempting to get that out of this applicant, getting it, having an initial proceeding, naming a data for We, PRWISE REPORT= 80=3 800- 647 -9099 NCR UP /RA 00699 151 NCR 00555 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 - 1/22/2009 timely delivering the propased -- the staff findings -- MR. ALLEN; I'm sorry, Mr. Nathena. But we need -- it 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. M. NATAENA; Ry.point in this,is.yoa are precluding me from doing so. And you are precluding me from so in a circumstance mbere, frankly, I rearranged nay 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 "we 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 an the record. I want a.copy of this transcript. i want an agenda of all the items that happened and when they bappened. Because I personally, If this does pass, will appeal it, especially in light of the appropriate staff findings. Personally I will appeal it. MR. ALLENs Thank. you. PRECISE REPORTING SERVICE 800 - 647 -9099 1►[y:i�1�l:L��hiL4C 16 . NCR 08556 1 2 3 4 5 6 7 a 9 10' 11 12 13 14. is 16 17 1s 19 20 21 22 23 24 25 NEWPORT COAST RECOVERY 1/22/2009 MR. MUM: And I want that in the record. Thank you. AR. AUM., Sir, if you can't be have at the next time, and if you have to have -- MR. LXBM N: You brow, my no= is Kett h iskin. MR. AMM We cannot have more argument on continuing this matter. Itts going to be ccntinn- MR. LIS=: -You know what? Sir, with due respect, I, and all these citizens, cam here. And just because this gentlsman and this organization -- it's inaonvenieat:and they are not prepared, I'm cot.going to guess if I'm available next week. I'm here now, and I'd like to make a comment. And my comment, which I think is significant, .in that if you do review the fine, which I have dare, and if you take today Into content, 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, her can they be responsible in the cases of troubled people in the 00mmitY 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 Uses? That is a core competency isam in terms of 17 Fuciss RBpORma SBRVICh! 600 -647 -9099 NCR UP /RA 00701 NCR 00557 1 2 3 4 s 6 7 8 9 10 it 12 13 14 is 16 17 18 19 20 21 22 23 24 2s h1SfiBORT COART RBCOVBRY — 1/22/2009 running any business, and that's being responsible from a regulatory point of view. And in the case of health case, it's param unt. And I don't believe that the argument of, 'Well, I got this file today, because they just hired me today,■ says vary good tbinga about this operatorls ability to work with this community and I've made that comment about other operators.-- but sore 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. ALLM Okay. Thank you. ThaVa a valid 181. LISKIffi Thank you. MR. ALLM All right. 8o there's been a request by the applicant to continue this matter. Staff and the applicant's attorney has spoken bare on the reed 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 PRRCISB RBPORTM SSRVICS 800- 647 -9099 NCR UP /RA 00702 191 NCR OOSM j I 1 2 3 4 5 6 7 9 to li 12 13 14 is 16 17 is 19 20 21 22 23 24 25 N MMRT COAST RECOVERY - 1/22/2009 that needs to be focused on. MR. KIFFs Let me just briefly tell the andianoa the Mpconim group residential hearings. Ocean Recovery is confirmed for February the 5th, so same zoos, 4 o'clock. They Will have two properties up at cam, 1601-West Balboa and 1115 hest Balboa. Yellowstone Recovery, and they be" four properties in Santa Ana Heights. This is a combined use permit and reasonable accommodation bearLng-1 That is schedule for Thursday, February 12th. So a week - later, same: location, same time. And there are othere pending. Pacific Shores Recovery. That will -- they are .approaching us with a reasonable accommodation hearing. 7bare's an organisation called Balboa Recovery that bas three unlicensed treatment homes they are proposing to ask for reasonable accommodation. And than finally. Morningsids Recovery has told us that they intend to ask for reasonable accommodation on some locations, and than pot antially involving a use permit hearing for locations in a multi - family Rune. That would be new locations. MR. AUM f: Okay. 8o the certain times sigbt now are January 29th fox Kramer, February 5th for ocean PRECISE REPORTING SERVICE 800- 641 -9099 NCR UP /RA 00703 i 191 NCR 00559 i 1 2 3 4 5 6 7 a 9 12 13 14 is 16 17 is 19 20 21 22. 23 24 25 XMIPORT COAST RBCOVMtY - '1/22/2009 Recovery. and February 12th for Yellowstone? MR. KM: That's right. M. ALM: All right. is there any other business to emu before the hearing officer or hearing mattAms.that the audience should be aware of? MR. KM: I would,make.one final note. Mr- Allan. A MuMber of talks have asked for the transcript from the" hearings.' Acrd weirs remiss in not putting *,hm up on the nab site. I Vill 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 me. them. MR. AU M: Thank you- And with that, we're adjourned. (RMSIng tid9t 4:28 P.M.) PnClat RVMT=G Smmcz 800-647-9099 NCR UP/RA 00704 NCR 00560 II I 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 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 dr employee of any attorney of any of the parties. IN NiTS88S 878, I have this date subscribed MY name. Dated._j�oq Liuft A. p. RF t sa CSR No. 9266 NCR UP /RA 00705 NCR .00561 NCR.UP /RA 00706 A. abatesiaat abids636 abili.t718:6 ao0eptable '816 a000rwod. ' '19:10,15 19.18,20 aaaatste 21,12 aatiea21115 added4%24 5:1 ddzess1011 `16 22 1119 abdressad r addresi ses ad a id sl adoptian4:8 718 ADP 5:14 u:1 agasda4 :5,6 10:13 16s20 agraad19221 AllenI111 414,11 6.13,22 713,13 814 8:14,16,22 9:9,14,15 20 &1,7,13 10323 11815 12:15,16 1319 14:4 14:14,18 14 :21 atXMJLT COAST RBCOVERY - 1/22/2009 IS-12,15 15 :18 16:2 16:25 17:3 17:6 18:15 lolls 19:24 20:3 .20:7,14 Allen's 13 :22 411ey.6:24 411x:6-21 83,25 1l :2 allows 6:17 8124 aeswabla 6110 13%8. 14:4,11,12 ameadsaat 6 :1 Amssiam Asa19:9 Angalea335 Anton 3113 APAS :3 'ayelogies 123,.6 apologize 7:21 #ppwl16 :22 16:23 B 3:1 appliamt 12%20 15:24 16115 18 :19 20 :1a appl4osnt'8 12&20 14:8 18 :20 appliaatioa - Si3,14 9:23 1311 16s4 epply512,24 5:25 7:19 19114 appcopi*jate 512,18,23 5 :24 14s23 16 :23 app raved 5:16 - amasis 7s22 17i6 -1814 askad2037 assdst11s24 338 31s Asaeaiation 6:17 attwapti" 15-24 attsatim 4 -11,17 Attorma7 10:24 12:8 16s15 18 :20 21-16 ,16:18 andievAs 12:17 19:3 2085. aadiaaaa's 4-17 availabi... 13s22,22 available 11:13 13-12 17:12 20-U Avmas 315 awara2035 baok14 -17 16-12 $alboas :9 Ss25 6:3,7 618,14 19:6,7,16 based5i19 basis 1212 20 -10 bay5:15 lsl2 2:8,9 3:3,7,9 4s1 -1o:1S 12:10 2s9 balilmove 5:18 8:8 1Os28 72318 14324 38.&3 ISM bitl3i7 bZw&4122 1114190: -as.. . loslo . bloak5:7 .6s18 6:3 b1v&6:2 Babks3:4 6:22 . 2.4 3s9,13 6%4,8,15 bs1s[17 19 :2 $ROBM3%8 6:25 8:19 big 9s24 bwsiums 1813,24,25 20:4 CA3s5,9,13 Cslilasnia 1 :12 2:9 411 21-5 aa31ed19316 PUMBE RBPORTWU MMVICB 800- 647 -9099 NCR UP /RA 00707 page 1 c=e5:9 614 17:20 18:3 aarelti 18:12,13 aarisg18:8 eaas18:2 aatob8i12 cell 0117 Caater1s10 3:11 10%18 10:25 12 :9 12111 14:17 16-22 aortain 6:6 11 :20 19:24 aertalnlr 6:19 12 :4 2:11 2114 21214 49m] .1 ami4 9s29,24 ahaAOr15:7 i;1 a 4s16 4i18;24 9121 QbA=9as 6:10 815 16+11 eiromst.. . 1619 aitisans 11322 12:7 17,9 City22B 3:3 3s7,8 5:16 7 :2,4,7 11:14,15 u:19 1213 1219 17:22 City's6:25 7,14,15 153$3 ales: 7:22 NCR 00563 alasad6tS;Q Conatls8 436 amWgt3,7 9:20 coodAaed 19;9 lOs3 11:7.. 11:23 12s1 17:23 2014 0088614tS:23 17 :13,14 18s7,1B 0gr■sats 10314 . 11 :17,25 14:5.15:$ 15;19 1633 e0rnnity l7t2l 16:6 MR Itib... 4 :21 aas�etenay 17:2: coaaspt7:12 ammoepr7 :3 6:13,22 lots 10:13 conduct 19:14 Confer 12 :5 00aferriag 9216 Confita0ed 1934 aonsidir418 6 ;21 7:25 9 :1,30 cousider. 8:2,25 considered 8t1 981 ameidering 5:21 ART COAST RECMRY - 1/22/2009 consistent 17:16 amstitots 916 contains 4:12 uontstet 16t13 17:16 contisamwe 1114 12 :2 12•B U=3:8 David 3t12 10:23 day17,22 deadline 33x23 dsalt12 :14 early 13x13 east 6115 stractift 32:19 efforts 15 :23 Wises 7 :2 defer6:25 4335. 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WMtm203I2 1U'1%M 3:4 way 6:18 9:3 10:4,7 12s6 ISO 18:12 Wab4:15 2019 week 11:12 12 :23,24 13:3,5,9 13:16 14:11,17 15 :1,4,13 17:12 19:11 Weeks l3's11 wolo msIS:5 15:16 want 5:15 6:8,15 19:6,6 xW114 :4 6:25 we !O wo 5 :20 13 :11; 18:14 20 -8 20:14 we'Va6.19 14:16 20:10 Vzomm 21s17 wish16:i6 wx2mm 8 21-17 witaosses 21:8 WM3sU woadaoit... 9:25 wssri 18 :6 woulAm I t 15 :2 Writing 15:19 sellcwsteea 19:8 20:1 yesterday 16-16 z aoae19:22 0358-.24 18s8,11,12� 8 :19,20,21 8:21 10th 10 :20 1005:13 it -b d5 :8 1115'19:6 1156:8 12th 13:6 19 :11 2011 12175:15 122- bed6s9 1601 19:6 20091:13 2:.10 411 .20710:18 218 :11 21.91.03.... 8:14 213316 221:23 2s10 4 :1,5 13:23 2802048, 16 :22 29th 15:12 15c13- 18.22 19:25 _ 3 3006:8 33002:8 3:9 355 315 its =i3 18:23 19:5 4 :002:9 4:2 4:28 2:10 4:2 20x16 40th 3:5 431 -1002 3:14 Sth13:6 19 :5,25 5353:13 PRBCI8$ REFORTIM SEMCS 800 -647 -9099 NCR UP /RA 00712 pass 6 _ 6 _ 6075%7 626-44843t6 644 -3002 3':10 '•- iii3:ia• - . 3 :5- 92626-1977 3x13 9�65e -eels 3:9 9266 2s 12 21s23 9493s10 NCR 00568 Signed, Final Resolution (2/4/09) NCR 00569 I] 297-0011%]127414v I.doc 17 NCR UP/RA 00713 A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT BEACH DENYING WITH PREJUDICE USE PERMIT NO. 2008-033 TO ALLOW AN E)WMKG GROUP RESIDENTIAL USE TO CONTINUE AT 1216 WEST BALBOA BOULEVARD, NEWPORT BEACH, CALIFORNIA (PA2008 -104) WHEREAS, Ordinance No. 2008-05 was adopled by the Newport beach City Council on January 22, 2008, Mowing noticed - pubAc hearings; and WHEREAS. the adoption of Ordinance No. 2008-05 amended the City of Newport Beach's Municipal Code (NBMC) reekg 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 exrft group residential dare fares, except for stata Iloensed drug or alcohol treatment homes serving six or fewer clients .and not operating integrally with other rim. must apply for use permits to remah In operation beyond February 2009; and WHEREAS, In order to allow an e3fati ng group residential core facility to remain in operation. a Hearing Officer must find, following a noticed public hearing, that all four of the tine identified in NBMC §20.91. 035 (A) and all semen of the findings identified In §20.:91A.080 can be met; and WHERE". Newport Coast Recovery, located at 1216 West Balboa Boulevard CUse Locadono In Newport Beach, Cafifomia is today a group reslderitiaal dare fwft in an apartment complex horsing seven units that is a. stale - licensed alcohol or drug residential treatment horns for up 29 persons (ADP LION" No. 300156AP); and WHEREAS, Newport Coast Recovery C i applied for Use Permit No. 2006- 033 to continue its operations as an 18 bed facility under Ordinance No. 2008-05 within the applicable time period, and a noticed public hewing 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 reo&4ed indud'ng testimony from the applicant; and WHEREAS, both hearings were presidled over by Thomas W. Allerr, Hearing Officer for the City of Newport Beach; and WHEREAS, the Use Location b within the Nonstandard Subdivision Area as defined by Ordinance No. 2008.05; and NCR 00570 NCR UP /RA 00714 COY of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008404) Page 2 of 12 WHEEAS, proArnate to the Use Location are the folloamhg uses referred to in NBMC §20.91A060 (D): I. Wilhin'300 feet Balboa Hortzons Recovery Services (11. bed licensed treatment facility located at 1132 West Balboa Bot levard, vft an approved use permlo •is one black east of the Use Location, on ft a saran side of the street. 2 WWm 300 feet^ and across the street Newport lernat" Sclmd for sfudonts to grades l0ndergarden through 5s' grade at. located 1327 West Safiroa Boulevard: 3. Oftln 750 feet" Christ Chun:Ws large (44 children csoaciW state.-noansed . day crate center located at 1400 West Balboa Boulevard. 4. Wfihin 1250 feet Outlets for alcoholic beverage$ are the A ,nerican Legion Hall located at 215 W. le.Street and Fry's Market located at 115 E. ISM Shhiet. NOW THEREFORE SE 1117 RESOUIW: Milan 1.' That Finding No. 3 of NBMC 920.91.035 (A) can. be made for the following reasons: Nd3t10120.91A35 {1I- Ftnd6cg-No. s: That the. pro p used :we wM comply with the provislans of this code, including any `spe c cond(tion' required for the proposed use in the .district In which it word be located. The facility, as conditioned through a use permit, would comply with the operational standards of 20.91Ao50 of the NBMC, as outlined In Findings A and B of the NBMC §20.91A.0so and as described in Seaton 2 below. 800ftn 2. That Firm kW A - C and Finds E - G of NBMC §2011A080 can be made for the foltovhtrhg reasons: NBUC §29.91Ai.08o Finding A: The use conforms to all applicable provisions of Section 20.91A Wo. These development and operational standards arc summarized as follows: L No secondhand smoke can be detectable outside the property. The faallty's amen[ operational regulatiorw restrict smoking to designated areas witdn a courtyard area of the facility. The courtyard area,is enclosed on all sides by wags but is open to this sky. $Mo" oulaide of the lim is of the enclosed c uttyard area is prohibited. NCR 00571 NCR UP /RA 00715 City of Newport Beaoh Hearing Officer Reschdion 1216 West Balm Boulevard (PA2008104) Pap 3 of 12 2. Operations of the tscility must comply with state and local taw, and the ub smmw management plan,.Including any modifications: required by this Use permit The operations of tints %cay are: in Wince with the State ADP Hoonse, and as. conditioned with approval of.a,use pemnti for the lowly, would be vi.o .eanPly with the apprr cvad, manrrrerrt plan Approval of a'uee permit for the iacilfty would include a condition of approval requiring that ft gVB=#:obtein.On amended Slabs ADP iicemse:-to slow a maximum of 14 iesidents and: : thet wither 60 days of the issusatoe of a use pemdt, the appucant confirm, in wr ft and with such inform pr eser4ed to fire C hy, titat ft ocunW ft : f Ibmiliat members not is residence at 1218 West Balboa Boulevard is. acceptable under tits :tem�.afi the cu neat ADP license and any future ADP tioenei 3. A contact name and number must be provided >b firm City. APpre081e names and contact iddotmation numbers are provided willdn the aPPIcallon. Approval of a use pem* for the Awilly would Include a condition .of approval, requiring the applicant to provide the.0 ity with the appropriate Inner tours" navies and contact Information nunibm. 4. Na services requiring a license can be :provided if I* be" dose fiat have a license -for time s"ces: The operation plan for the facility provides that only those services pennmed by the facTity's ADP license are performed within the facility. S. There .siwtl be no more titan two persons par bedroom. Pita ono additional residerk undoes a greater occupancy is requested and granted. Occupancy must also comply with 8ffite licensing N applicable. The faclifty is fwd for a maximum occupancy of 29 residents. The Willy, gins 9 bedrooms currently occupied by two persons per bedroom for a total of 18 residents. Approval of a use pemr& for the feciBty would include a condition of approval requiring the aWV= t to obtain an amended ADP kense edabbtdng a maArnum resident ocarpanry in treatment of 14 persons, the equivalent of two persons par dwelling unit. This occupancy is consistent with the residential occupancy design of the building and the Occupancy $Wxb. We of NBMC Section 20.91A.050. 8. If oertiticatiow from an entity other thou ADP"s Mcensin g program Is avallable, aPP6can1b must get that certlticaflom NCR 00572 NCR UP /RA 00716 City of Newport Bead Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) f4of12 Approval of a use permit for the facility would include a condition of approval requiring the applicant to consider the malts of additional certification avaslabie to It including but not limited to an Orange Coumly Adult Alcohol and Drug Sober Living: certification. 7. Ali individuals and entities imrowed in the facility's operation and ownership must be disclosed. All employees and management personnet have been daclosed in the application documentation. S. No cwneror manager shall have any demonstrated pattern of operating similar facilities in vMaftn.of the law. According to Information provided In the application documentation the f caner i the managers of the facility do not own or operate any other similar City of Newport Beach or In thwState of Caffamfa, and there Is no known record of two videticne, assorted with the fi e opwafi m The fadWs State of California ADP license is to good standing and is valid Until January 31, 2010. W ft residants subrrd tad evidence that tWeame operator managed an undksnsed adult recovery maintenance f wit at 1219 West Balboa for a. period of tirrne, the Cky is not aware that this family, which did nbt provide tn3atrnent onsite, was operated in vioNon of the law MW §W-91AAW Finding B: The project Mdudes suMalent on-site Ping fo to use; and traffic and transportation impacts have been mitigated to a level of inainifleance. The NSMC requires off4trest parting and TOWN spaces for a tssidentiai care facility at a ratio of one space for every three beds. The fadlily provides a total of six off-street parking spaces; and therefore, would meet the NBMC requris for off -sheet 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 seoond and third phase of treatment, which includes an additional 30 to 60 days of residency, are panrdtted have their personal vehicles at the facility if determined by the %Oft operator to be necessary p e. for use driving to and from work). Newport Coast Recovery conducts regular family counseling sessions on wsskerxis. Familial counseling for non - residents, while being an hwta rt part of the recovery of resident clients, can significantly impact on- attest parking during busy weekends on the Balboa Peninsula. The use of on sfrest parking by NCR 00573 NCR UP /RA 00717 City of Netivport Beach Hearing Officer Resolution 1216 West Balm Boulevard (PA2008 -104) the facility on weekends intpacts the availability of on-street parking for use by residents of the neighborhood. This finding could be made N a condition of approval is made.part of the Use Permit requiring the applicant to: (1) purchase one madw parking permit from the City to use for on- street parking- by each client who is permitted to ON his personal vehicle to and fran the facdRT, and (2) restrict the number of agents who reside at 1216 West Balboa who are permitted to have personal vahk kw (3) require that all on-site spaces remain permanently clear and open forper"; (4) require all staff members to use'the on-Me .parking for, personal cam and transportvars; and (5) regulate family counseling activities including prohibiting flemiy members from :using on -street .parking when visiting the faaility and requiring either the use of onaelte parking by family members visiting the facility or the use by family members of aitemsWe transportation modes to and fnom.the faddy. NBKC §20*1AA90 Finding C: The properly and existing MnwWm are Physically suited to accommodate the use. The budding, 0 similar to many other residential structures akxg West Balm Boulevard constructed on .a lot parcel that measures appraodmatey 62 feet wide by 100 feet deep. The budding was constructed In 1849 when the subject property was; zoned R-3. The properly was later ° rezoned to an R-2 District in 1Q89 along with other properties In the area. As a remit tine structure Is nonccnlormina 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 Departnerd is the responsible agency for Implementing fire protection or all gawp residential care fads and residences. line subject property has. an approved fire clearance from. the City of Newport Beach Fire Department dated June 6, 2004, for a mardmtmn "occupancy of 28 residents, as well as sW Separate tram the use permit process, the applicant . may be required to conduct an architectural code analysis of the ifle ty to determine d the facitily compiles with existing cument. Building Codes for ft occupancy type, or the Budding Codes existing at to time the facility was Initially Issued a ^&a dearanoe." ; • . NBMC §20.91A.060 Finding! E: The operation of buses and vans foo transport residents to and from off-aft activities does not generator vehicular tt Ao substantially greater than that normally generated by residential activities in the surrounding area. A facility van provides transportation far the reakfents on a weekly schedule dispersed within the day and among. the days of the week so that van transportation Is not concentrated during peak traft *nee Van loading and NCR 00574 NCR UP /RA 60718 City of Newport Beach Hearing Offer Resohrtion 1216 West Balboa Boulevard (PA2008 -104) Page 8of12 than the n8ffOwer alley access attire rear of the bum. Approval of a use Permit would include a condition of approval restricting loading and unicading of Balboa Boulevard transporlsIbn van aprohibiting to vain drivers from p *ft a traffic Bane, stopt�8 or dwb6pa�8 in NBMC §20.91AA80 Finding F. 'Arrangements fbr delivery of goods are made within the hours-that are compatible with and will not 'adversely affect -thOPsaftandqtMOf.neiohbortngpropergas. Business products and other packages and goods ace delivered to the facWs business of be bcabed ogalla. From this location, goods are'davered by staff members.to the:bctilty during weekdays between the horns of tih00 am. to 5:00 .p.m. These days and hours .for deTnreries are oonsisterd with normal working hours and as such are compatible with and w0 not adversely affect the poem and quiet of neighboring Wprtias, NB MG §206"A.060 Fi iding G: Atmogements for commercial trash collection hr• excess of usual residential < collection: are numb vriflrin hors that arecompatfl" with -NW will not adversely affedes peace and gW91 of neighboMng properties. The:appkt. contracts wNt a oonuneroid waste management company which collects bush twice a week on weekdays betwesn the hours of 9 00 a.m. and 5:00 p.m. The hors of trash ootiec t on are within hours that are conWtble with and will not adversely affect the pesos and quiet of nW* boring properties, Secdon A. That Fmdkmgs Nos. 1, 2, and 4 of NBMC §20.81:0:16 (A) ce nnbt be made for the following rum: NOW §20.9'1A85 (A) Finding No. 1: That the proposed location of the use le In accord with the objectives of this code and the purposes of the dbffld In which the she is located. This WPOW PMJW is only partially in accord wf h the objectives of this code and the purposes of ft district in which the site is boated. The wA*d property is located in an R-2 District, and the proposed use as a residential we faa7lly is a nornaonfomhing use. Nonconforming mares in a residential district are subject to tha`provbbrhe of Chapter 20.91A of do NBMC. The proposed application for Use Penns 2008 -033 is in accord with the objectives and requfrwnents of Chapter 20.81A with resped b the requires for the submittal of an applicetion for approval of a cSe Permit to continue the use of the subject property as a residential care bcitity in the R-2 District NCR 60675 NCR UP /RA 00719 City of Newport Beach Hearing ORtoer Resolution 1216 West Balboa BoWVMd (PA20MI04) Page 7 of 12 The objectives of the code include provisions blended to reduce. through the u90 psynd process, the potential for overconcentration of residential cam facilities within a neighborhood and lo protect public heafth, saftjr, peace. gals, comfort, or well= of persons residing or working in or adjacmd to the neighborhood of such use. The irdensily of the use. ff limited to 14 reekku is housed in 0 bedworns with 2 persons per bedroom, would be oanaWa t with a typical residential population factor of two persons'per:dwel*g unit Id the R-2 District and .the surrounding properties- within the R2, District:: however, the subject property's ply :to another residential careAcUl y at 1132 ousel Balboa. Boulevard, to a huge stdo4kensed clay care facility at 1400 west Bat Boulevard. to Newport Elernentary School, and. to facl6dies either seMV or serving alcoholic bsvemyes nralces the 'p use incompalible with the surrounding rssiderdiet cl►aractar :mf ft. neighborhood. The discussion of fncornpatblIty of the proposed use with the surrounding vesWeMtal neighborhood is d' onsed in deM In Section 4 o(#& Resolution: The proposed locadon of the use is nat in accord wah ON at the objectives of it* 0060 and the purposes of the district In which the alle is looted due to the proArnity of the proposed use to another residential ore facility at 1132 West Balboa Boulevard, to Newport giementwy School. to the large siste4censedday ombdRy, and to akohoik beverage sates acrd service feciijkW and therefore; this finding cannot be made. NBW §20.81-035 {A) Finding No. 2: That the proposed Ioo0on of the use pemilt and the' proposed condhIons wrier which° it would be operated or rnaiatalned will be ciwtstatent with the Generat Plan and the purpose of the di*Wd Ia. which. the site, is located; will. not be detrimeritat to'90 publk health, safety, peace,: nwrah4 ¢ omfort, a..walfare of "persona residing or working In or adjacent to the neighborhood of such use, and wig not be dddn eatal to the properties or Improvements in the vkh* or • to the general welfare of the city. General Plan policy lU 82.7 directs the City to regulate day care and residential care boNNies to to maArnu n mderd allowed by federal and state law so as to mirrimke impacts on reskWftl neighbodm".. Approval of a use permit for the fa dlity would include oonditlons regulating the use and operational characteristics related to curfew hours, smoking, transportation of. clwbr off-ee, trash collection, delivery of goods . and types of services provided: however, the con*nM use of the subject property as a residential ore facility in this location would be detrimental to the public heat, safety. peace, pasha, comfort, or welfre of persons residing or w rift in or adjecent to the hie ft. Testimony by an aclacent nelghbor and other area residents includes statements that residents at this Willy have been d to others in the neighborhood. including playing music loudly despite trequerd requests not to do so, lihharing, using profanity, and allowing ezoesshm secondhand woke to NCR 00576 NCR UP /RA 00720 I City of Newport Beach hearing Officer Resotu6on 1216 West 1389M Boulevard (PA2008 -104) Page 8 of 12 permeate adherent residences. From this testimony, 4 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 neigtbors to have quiet eroymo t of their properties. The subject pmeity I proximate (within 300 feel) to Newport Elementary School located at 1327 West Bala Boulevard and proximate (within 750 asst) to Christ Church by the Sea's Children's Center, a lance day care.3achlilr Wertsed by the State of Califonla Department of Social Services located at 1400 West Balboa Boulevard wil h a capacity of 44 children. These facilities could be affected by the use due to. resWents. of Newport Coast Recovery using the open recreational area associated with Newport f.lementary School and the potentiel.for residents' of Newport Coast Recovery to loiter, smoke.: and engage: in offensive and ftru; ve behaviors inoanpatibiewith nearby.ect oot and daycare uses~. NBUC §20.91.035 (A) RncNng No. 4: N the use is proposed within a Residential Dhstrlct (Chapter 20.10) or In an area where rgsiderrtiah use are provided for in Planned Community Districts qr Specifte Plan districts, the use is' conaleterrt with the purposes spec led , In. Chapter 20.81A and conia+rts to all requirements of that Chapter. This proposed project b only. partially oansistent with the purposes q*Aed In Chapter 20.91A and does not conform to all #* requirements of that Chapter The .subject property is. located In an R-2 Dislrk% and the proposed use as a residential case facility is a noncontormi g use. Noncordonning uses in a residential dtshiet are abject to the provisions of Chapter 20.91A of the NBMC. The. proposed.. application for Use Permit No. 2008 -033, is to 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 Wky In the R-2 District. The intanded purpose of the code IS to maintain the residential character of the neighborhood within which a facility is located, to reduce the potential for ovemonoentration of residentlat care faaiit a w" a nei016mbnod, and to votect public ieallh, safely, peace. morals, comfort, or welfare of persons residing or working in or adjaMd to. the neighborhood of such rise. The placement of more than one residential care facIrAy per median block length to the densely populated rWd- BaQhoa Peninsula area creates a strong Idketithood of change to the character of the residential neighborhood and would result in an overcor cent anion of residential cane 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 wrhicih is a pmt of the Nonstandard 5ubd+ mion Area inasmuch as $20.91A.060 (D.3.) Indira median block lengths in different areas of Newport Beach widely range from 300 NCR 00577 NCR UP /RA 00721 City of Newport Beach Hearing Officer Resolution 1216 West Sal boa 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 rrdd4k*w Peninsula .area. 'The term "block" meats an area bounded by streets, Per Ordinance No. 2008 -05 (Section 20.03.030). in fills case, Sell= Boulevard is a major street that Is a sufficient divkfirig line between each 8W6 of Bell= Boulevard. However, the Hearing Officer can. extend beyond sMatler sheets like ie and 11w' Straata b1 an effort to "eimbiata the dif went es in block lengtlrs' per Sec�lon 20.91A.060 (D.3) to achieve a 6174botblock standard. Within`. the 617- fobt•btodc whom to proposed use is located Owe is alrgady. one - 11-bed reaidbntiab care facility (Balm Horaans). The proposed use located at 1218 West Balboa Boulevard, wain the same block, in Balboa Hori pns, would result in an of ` residential care ' faa'Iitles Within the The subject proparys prwdmity to another residential care faciNNY�yy, at' 1.132 West Balboa; to a Nrcge day care facifdy at 1400 West Balboa, to Newport `Elementary School, and. to fad DU" selling or serving aloohoiic bsveraages makes the proposed use Inoorrrpadibie with the surrounding residential character of the neighborhood. The discussion of inewnpatifb'Gty of the proposed 7..1se with the sytro mding residential neighborhood is dladbiis6d in dmati in Section 4 of 1ft' 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 20.41A; and there, this finding cannot be made. Section 4. That FWkV D of NOW §20.91A.060 canrrdt be made for the fallowing reasons: NBUC §20.91A.060 Finding 0: The use will be compatible with 1116 character of the surrounding neighborhood, and the addition or continued maintenance of the use will not cotttrlbute to changing. the residential character of the neighborhood, such as creating an overconicentration of residential care uses in the vicinity of the proposed-use. In making thin finding or sustaining such a tiding, the Hearing O hoer shall consider, as appropriate, tine fo0owing factors: 1. The proximity of the use location to schools, parks, 0111W residential care facillities, outlets for alcoholic beverages and any adw uses which could be affected by or affect the operation of the subject 2. The exstence of substandard physical characteristics of the area In which the ase Is located such as lot widths, setbacks, nanow.sireate, limited available parting, short bkfcics, and ottrer substandard characierlstics which are pervasive in certain in areas of the City of Newpp t Beach, including portions of West Newport, Udo Isle, Balboa NCR 00578 NCR UP /RA 00722 Quo 2. The existence of substandard physical characteristics of the area In which the use is located such as tot widths, setbacks, narrow st"* , lia►fted available parking, short blocks, and other subsfrardard characteristics which are pervasive In certain areme of the City of Newport Beach, itmluding..pordone of West Newport, Lido Isle; Balboa Peninsula, Balboa Island, Corona del Mar and Newport Heights, which• portions were depleted on .a map referred to as the Nonstandard Subdivision Ana presented to the Newport Beach'.. Rlannina :Commission on September 20, 2007 and on file with the Director of Planning; and . 3. Whether, In light of the factore .applied in subsections 20.91A:117 and D , It would ba.appropriate to apply the Americanikanntng Association standard of permit one or two such uses per block Illedlan block lengths In different areas of Newport Beach widely range from 300. Beet In the Nonstandard Subdivision Areas to as much as -4At feet to standard subdivision areas. The average calculable bdock..Iongth M much of the standard subdivision areas Is 771 feet and the calculable median block length is 617 feet The Heating officer shall apply the American Planning Association standard In all areas of Newport Beach In a mam w that olindnatas the dlifferences In block lengths. In making this determination, the hearing oflfcer shall be guided by average or tnsdian block lengths to standards subdivisions of the City. The Hearing Officer shall retain de 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 to on file with the Director Of Planning. The subject property is pm*hata (wlhin 300 fret) to Newport Elernentany School located at 1327 West Balboa Boulevard, and praocknate (wwlhhn 7501 to Christ Church by the Sea's Chfdkeres Center, a large day cane fad ity Ikensed by tha State of Calitomia Department of SodW Services located at 1400 Went Balm Boulevard wlh a cap&* of 44 d Adren. These fac>Wes cock! be affected by the use due to residents of Newport Coast Recovery using the open moreafiornal area assodated with Newport Elementary School and the poterrtial for residents of Newport Coed Recovery to fir, unoks, and frequently engage to offensive and disruptive behaviors incompatible with nearby sclrod and daycare uses. The subject Properly is proximate (within 1250 feet) to two ordlets for alcoholic beverages (furWcan Legion Hal at 2151& Street and Fry's Market at 115 ll e Street) both within walking distance from the bz ty which allows resdents of the use convenient amiss to almhol sales and service which can affect the ally of the use to fully operate as an alcohol rehebblation facilty. NCR 00579 NCR UP /RA 00723 City of Newport Beach Hearing Offcer Resolution 1218 West Balm Bmdevard (PA200 8-104) it is appropriate to apply the American Planning Association standard to this application. The use Is located In the mid - Balboa Peninsula air which is a part of the Nonstandard Subdarision Area. Inasmuch as §20.91A 080 (DA) Indicates median bbdc.iengthsl in different area of Newport Beach widely range from 300 feet In the 110114tvdard subdivisions areas to as much as 1.422 fed In standard won: arenas: the Hearing Officer prey establish a block length for the mki. Balm Peninsula area where .this use is located; The calculable median block length of 617-. feet. Is he raby established for purposes of the mki-Balboa Peninsula- we& .The term `block" rhheans ah area bounded'by':stresis, per Ordnance No. 2008 -05 (Section 20.03.080). In this cue; Wilk* Boulevard is a major street that Is a sufficient divkiing line between blacks on each We of Balboa: HgmWw. 'the 'Hea ft ONiear 'Can MOW bey W smaller, streaks . No 1P and 11!' Streets-Wan ~to del mIrmfe the differencim in block lengths` per Section 20.91A.080 (D:3) to ac Wn a 81 7--foot slarWalci The Ptacettnentof more than one residential cane facility per median block length in the- densely Populrded.mfd- Bathos Pen aft U" creates a strong tikellhood of d"9 10 the character of the reskthrhtal neighborhood. Within the 6174om block where this use is located here is already one 11 bed residential care fac*,(Bslboa Horizons). &Wan The Hearing Officer hereby denies with prejudice Use Permit No. .2008-033: Bogdan CL The action shall become final and effedfine fourteen- (1#) days after the adoption Clark In accordance nos with the provision of Tice 20, planning � Zoning, of the Newport Beach Municipal Code. NCR UP /RA 60724 City Of Newport Beach Hewing Officer ResobAon 1218 West Balboa Boulevard (PA2008 -104) Page 12 of 12 PASSED, APPROVED; AND ADOPTED this 0 day of February, 2008. B' Thomas W. Affen6 Hearing Officer ATTEST. A _ NCR UP /RA 00725 NCR 110581 RESOLUTION NO. NO- 2009 -001 A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT BEACH DENYING WITH PREJUDICE USE PERNT NO. 2008.083 TO ALLOW AN EXISTING GROUP RESIDENTIAL USE TO CONTINUE AT 1216 WEST BALBOA BOULEVARD, NEWPORT BEACH. CALIFORNIA (PA2008 -160 . WHEREAS, Ordinance No. 2008-05 was adopted by the Newport Beads City Council on January 22, 2008, following notoed.pubiic hearings; and WHEREAS, the adoption of Ordirwrae No. 2008.05 amended the City of Newport Beach'S Murtapai Code (NBMC). relaft to Graff Residential thee; and . WHEREAS, Ordinance'No. 2008-05 added Chapter 20.91A, to, the .NSMC. Chapter 20.91A sets firth a process by which existing grate residential care facillim except for stale-licensed drug or ak rol.trealment homes serving sbr or fewer clients and not operating Integrally with 6'#w USK mud 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; IbIlowing a noticed public hearinhg. 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, bcated at 1216 West Balboa Boulevard ('Use Location' In Newport Beach, California is today a group residentai care facility In an aparfrment complex housing seven units that is a stals4loarnsed alcohol or drug residential treatment home far up 29 persons (ADP License No. 3W15t14P); and WHEREAS, Newport Coast Recovery ('Ussy applied for Use Permit No. 2008- 033 to continue its operations as an 18 bad fadNty under Ordinance No. 2008-05 within the appficabie lime period, and a noticed public hearing was .held an Monday, December 8, 2008,. at the Newport Beach City Council Chambers whore public testimony was taken. including testimony from the applicant, and tds hearing was continued to Monday. January 12, 2009, also at the Newport Beads Cihr Cotstcil Chambers whore more public testimony was received including testimony from the applicant: and WHEREAS, both hearings were presided over by Thomas W. Alen, Hearing i Officer for the City of Newport Beach; and WHEREAS, the Use Location is within tie Nonstandard Subdivision Area as defined by Ordinance No. 200805; and NCR 00582 NCR UP /RA 00726 Ctly of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008 -104) Page 2 of 12 WHEREAS, pro*nate to the Use Location are the following uses referred to in NBMC 920.91A.060 (D): 1. "On 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 ofthe Use. Location. on the same side of the street: 2: Within 300 feet arid across the street : Newpot Elementary Schoa for students in grate Kindeigarden through 5s' grade 'at located 1327 West Balm Bouevard. 3. , Wilmin 760 feet: Christ Church's large (44 children � state - licensed day care`o� tier looted at 1400 V" 8`el6oa SOulevard. 4. Within 1250 feet Outlets for aboholic beverages are the-American Legion Hail boated at, 215 W. 15"''Street and Fry's Market located at 115 E. 15m StreeL NOW THEREFORE BE tT RESOLVED: 1. That Finding No. 3 of NBMC §20.91.035 (A) can be made for the following reasons: NBIWC §20.91.038' (A) Finding -No. 3s That the proposed use wiO comply with the provisions of this code, including any apselfic'condlflon'requbed for the proposed use In the district in which it would he located The family, as conditioned through a use permit, would oomply with the operational standards of 20.9moso of the NBMC, as outlined in Findnigs A and B of the NBMC §20.91,kOW and as described In Section 2 below. Section 2. That Findings A - C and Findings E - 0 of NBMC §20.91A.000 can be made for the following reasons: NBUC §20MA 060 Finding A: The . use conforms to all appkable provisions of Section 20.91A.060. These development and operational standards are si mmarh:ed as follows: 1. No secondhand smoke can be detectable outside the property. { The areas sa car t operational regulations restrict smoking to designated on as sides Walls area of the bo". The courtyard arm is enclosed by open to the sky. Smoking outside of the limits of the enclosed courtyard area W prohibited. NCR 00583 NCR UP /RA 00727 City of Newport Bead Has" Officer Resolution 1218 West Balboa BoWevard (PA2008 -104) Page 3 of 12 2. Operations of the tacltity must comply with state and local law, and the. submitted .managamient plan, Including any modilications 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 -ft facft. would. be required to.00mply with the improved managerrceit plan Approval of wrote permit for the facility would In moved 'a condition of approvsf.�uiring that the applicant obtain an. amended Slate ADP license to allow a ;n- - *nun of 14 redda is and :that within. 80 mss : of tto Issuance of a use permit, the applibant confirm; in writing and with such iniotmation preserded to the City, that the cotrrseling.of fannfliei merrier& not in residence at .12:1,8 West Balboa Boukvmrd is acceptable under the:terms of the. ciffent ADP lloenae and any future AI)P license. S. A contact name and number must be provided to the City Appropriate names and contact inibrinafion numbers are provided within the application. Approval of a use pwd for the facility would Include a condition of approval requiring the applicant to provide the City with the appropriate 'after tours" names and contact kftmailon numbers. , 4: No servtoss requiring a ticanse can be provided If the fates► does not have a'Ilcense for time eavires. The operation plan for the facility provkies that only il1088 Seavices peanded by the fadlity's ADP license are performed within the facility. S. There shag be .no more than two persons per bedroom Plus one additional resident, unless a greater occupancy Is mposted and granted. Occupancy must abo comply with State licensing if applkable. The facility is licensed for a maximum occupancy of 29 residents. The fadl0y contains 9 bedrooms cunw* occupied by two persons. par bedroom for a total of 18 residents. Approval of a use permit for the facility would include a conditn of approvat requiring the applicant to obtain an amended ADP license estabCdft a maximum reeklmt occupancy in treatment of 14 persons, the equivalent of two person per dwelling unit. This osxupancy is oonsistent with the msklential occupancy design of the building and the occupancy standards of NBMC Section 20.91A.050. S. H certification tram an entity other dram ADP's licimairgi program is avallable, applicants must get that eeMantion. NCR 00584 NCR UP /RA 00728 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 opffmticn avahlable to ti. Including but not firnited to an Orange County Adult Aioohel and Drug Sober Living certification. 7. All individuals and entities Involved in the facffity'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 dsmonshiled pattem of operating similar faetkidee in.vioiation of ON taw. AccordbV. to inkrmation provided In the application documentation One owners and managers of to fadity do not Own or operate any other simfier fedtily In the City of Newport Beach or In: the Stab of Caftnia, and there Is no known record of state violations associated war; the facdwe operations. The, facility's State of California ADP license is in good standing and Is valid until January 31, 2010. While residents submitN ewridence that the same Operator .cna raged an unlicensed adrdtreoovery�nvkdenance facility at 1218 West Balboa for a period of Urns, the City is rot aware that this fac ft. which did nbt provide treatment onsite, was operated in violation of the law. NB MC 120.81AA80 Fbxling. B. The project bx*Wes sufficient awaits Parking for the use, and traffic and transportation impacts have been mitgated to a level of insignificance. The NBMC requires outreet parking and knading spaces for a residential cans 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 meat the NOW require for oft -street parking for 14 beds with the wmpdw 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. CAMS completing their seaorM and third phase of treatment which includes an additional 30.to 00 days Of "widencY. are pemffled have detennined by the facility operator to be � d necessary (I.e. for use driving to and frorn work). Newport Coast Recovery conducts regular family Counseling sesslovis on Weekends. Familial counseling for nonresidents, while being an important part Of the recovery of resident clients, can significantly impact on-street parking during busy Weekends on the Balm Peninsula The use of our -street parking by NCR OOS88 NCR UP /RA 00729 City of Newport Beach Hearing Officer Resolution 1218 West Balboa Boulevard (PA2008 -104) Pape 5 of 12 the facility on weekends impacts the availability of ometreet parking for use by residents of the neighborhood. This finding 'c ould be made N a condition of approval is made part of the Use Permit requiring the applicant to: (1) purchase one master parking per" from .the City to use for on4Ueet parking by each rent who is permitted to drive his personal vehicle to and from the facility; and (2) restrict the number of clients who reside at 1215 West Balboa who are permitted to have personal vehicles: (3) r+egtrirs, that all on4ile spasm remaift permanently yc fear ad-open forparkkng, (4) require all s Wif members to use -the on -site parkerg for person cars and transport vans: and (5) regulate family counseling activities including prohibiting _ismlly members from .using on-street parking when vtriftng the faddy and requiring ether the use of onsiie parking by family memties Wiling the facility or the use by family members of aftemative transportation modes to and from the facility. NOW §20.91AA60.Finding C: Thai property mW w*Ung structures are physically suited to accommodate the use. The building Is similar to many other residential structures slang West Bad Boulevard constructed on lot parcel that measures app 62 fed Wide by 100 fleet deep. The butkiing was constructed in -1949 when the subject property was zoned R43. The property was Ater rezoned to an R-2 f>�rkt in 1989 Wong 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 lbs." of the NBMC. The City of Newport Beach Fire Department is the responsible agency for broWmerift tie protection of all group residerrfiad 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 mandmum Occupancy of 29 residents, as well as staff. Separate from the use pemrit process, the applicant may be required to conduct an architectural code .anaiysia of the facility to determine N the facility complies with wdsting current EUKmg Codes for Oft occupancy type. or the Building Codes existing at the tirne the facility WAS ktitlatiy issued a "fire deararce.' NBIMC §20.91A.060 Finding F. The operation of buses and Vero to transport reeideno to and from off-oft activities does not gersretrs vehicular traffic substandatiy greater than that normally generated by residential activities in the surrounding area . f A facer van provides transportation for the residents on a we" schedule dispersed within the day and among the days of the week so that van transportation is not concentrated daring peak traffic tines Van loading and NCR 00586 NCR UP /RA 00730 City of Newport Beach Hearft OMM Resolution 1216 Wed Balboa Boulevard (PA2008-104) Page 6 of 12 than the narrower day access at to raw of the building. Approval of a use ::.Permit would include a concliffion of approval restricting loading and Lmk)adbv of ;-transportation van passengers .loo oem within open Parift spaces Wong Wed Balboa Boulevard and prohibiting van drivers from stopping or double-parking In -a haft lane. MEW §20'.91A.060 FindingT' 'Arrangements for dillivery of goods are ,.made within .the hours that are compatible wM and will not advem* affect ,~the peace and quiet of nalghboftproperdes. Buslness products and other packages and goods are delivered to the WWS business effte located off-elle. From this location,: goods are delvered:by slaff Awnbers to to feaft during weekdays bWmn to hours Of VM - aJn. to 5-00 P , m. . Time tlap and hours for delliveiies are consistatt with normal working hours and as such are compatible with and -win not' adversely affect the peace and quiet of neighboring properties: AM120.9MOSO Finding 0: Arrangements fOr commercial trash -ooflectlon- In excess .of usual residandal collection are rnade, within hours --thatarwoompallible with and wilt not adverselir ~the Peace and quiet of neighboring properties. The applicant contracts with a commercial- wad. manslillElf,"W'compam "Polft collects trash, Was a week on weekdays between the hours of 9.000 ILIM and 5:00 p.m. The hours of hash collection are within hours VW are compatible with and will not adversely ~ the peace and quiet of neighboring properfift. Section 3. 7M Findings Wm 1.2. and 4 of NBW §20.91.035 (A) cannot be made for the following reasons: ,NBMC §20.91.035 (A).Fbdng No. 1: That the proposed IOCad*11 Of the =a Is In accord with do objectives of this cods and the PUMOM of this district lnwMdh the site Is located. This proposed project Is only partially In accord with the objeolfrm of this code and to Purposes of the district in which the aft is MQUd ROD ad0d PTOPeft is located In an R-2 District and the proposed use as a m*kmftl care faak 18 a nonconforming use. Nonconforming uses in a residential district are subject to the provisions of Chapter 20.91A of the NBW. The KOP08W application for Use Permit 2008-033 Is in accord with the cNectivas 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 OW SAW PMP" 89 a residential care facility In the R-2 District. NCR 00587 NCR UP/RA 00731 City of Newport Beach Bearing Meer 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 overeoncentration of residential care fadiltias within a neighborhood and to protect public - heak h, safalY, pmo, MOM, com1bit, or welfare of persons residling or working in or adjacent to the neighborhood of such use. The Intensity of the use, U IFnked 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 dwelt unit Ii -the R-2 District and the surrounding properties within the R-2, District. However. the subject propertys proximity.to another residential core:fart6ty at 1132 West Balboa Boulevard. to a large stabs- kerwed day care faGSly at 1400 Wet Balm Boulevard, to, Elementary School, =.and to facBties err telling or serving - alcdwlo beverages. makes the proposed use Nile with the surrounding residential -character of the rm*hbortnacd: The discussion of incompatibility of the proposed use with the surrounds g. residentai n*hborhood is discussed in detail In Section 4 of this Resohrtiom The proposed location of the use is not in accred with all of the objectives of this code and the purposes of the district in which the she is located dire to the proximity of the proposed use to another residentai care 16oft at 1132 West: BallbOa Boulevard, to Newport Elementary School. to the large ctate4kensed; day care facility, and to alcoholic beverage sales and service facefies; wW therefore, this finding cannot be made. NIA §20.91.035 (A) Fhuding No. 2: That the proposed locatton of the use permit -and .the proposed conditions under which.. ft would: be operated or maintained will be consistent wlth.the General Plan and the:purposs of the district in which the ait0 to located; wrtl not be detrimental to the public howth, safety, peace,. morab, comfort, or waffm of persons reaming or working in or adjacent to the neighborhood of such use; and will not be detrimental .ta the properties or Improvements In the vickft 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 apowed by federad•and state lean so as to minimize impacts on resklentai neighborhoods. Approval of a use pemdt for the facility would Include conditions' regulating the two and ch raderistcs rekcted to curfew hours, smoking, transportation of clients oil -site, trash coiieciiw, delivery of goods, and types of services provided; however. the continued use of the subjed property as a residential care facility lit thiskxeton world be detrimental to the public health, safety, peace. morals, comfort, or wetare of persons residing or working in or adjacent to the faeitily. Testimony by an adjae t neighbor and other am residents Includes statements that residents at this facility have been disrespectful to others In the neighborhood. Including playing music loudly despte frequent requests not to do so, fig. using profanity, and allowing owessive secondhand smoke to NCR 00588 i i NCR UP /RA 00732 City of Newport Beach Hearing Ofter Resokition 1216 West Balboa Boulevard (PA2008 -104) Permeate adjacent residences. From this testimony, it does not appear to the City stall` that the operator can adegquately control the fadlitys caseload of dents In a manner that allows the neighbors to have quiet enjoyment of their properties. The subject property Is pro dmate (within 300 feet) to Newport Elamer" School located at 1327 West Balboa Boulevard and proxitnate (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 cater of 44 children. These ladlitles could be affected by the use due to residents of Newport Coast Recovery using the op recreational area associated en ciated with Newport Elementary School and the potsntiad for residents of Newport .Coast Recovery to Mter, smoke, and engage In atlensive and disruptive behaviors Incompatible with nearby school and daycare tees. NOW §20.91.035 (A) Finding No. 4: If the use Is proposed witinin a Residential Dlebict (Chapter 20.10) or in an are where residential tam are Provided for in Planned Conununity Districts or Specific Plan Districts, the use is consisierht with the. purposes specified In Chapter 20.91A and c onfonns to ail.requirements of that Chapter. This proposed. project Is only partially consistent with the purposes spectlied in ,Chapter 20.91A and. does not conform to all the requirements of that Chapter. The subject Propeiy is located In an R-2 District, and the proposed use as a residential care facility is a . nonoorc nwlg use. Nonmdorming uses in a residential district are subject to the p vA*ns of Chapter 20.91A of the NBW. The. Proposed application for Use Permit No.. 200"33. is In accord with the purpose and requirements, of Chapter 20.91A with respect to the requirement for the submittal of an apprrcation for approval of a use permit to conflnue the use of the subject property as a residential care facility in the R-2 Dish 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 ovefconcentration of residential care facilities within a neighbor hoo 1, and to protect public health, safety, peace, morals, comfod, or welfare of persons residing or working In or adjacent to..the neighborhood of such use. The placement of more than she 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 overooncentkation of residential lore faclles within the neighborhood. It is appropriate to apply the American Planning Association standard to this application. The use Is located In the mkl -Baboa Peninsula area which is a part of the Nonstandard Subdivision Area. Inasmuch as §20.91A000 (D.3.) Indicates i median block lengths in different areas of Newport Beach widely range from 300 NCR 06589 t f NCR UP /RA 00733 City of Newport Beach Hearing Olfioer Resolution 1216 West Balboa Boulevard (PA2008-104) Pam 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-Ballboa Peninsula area. '"This term wdoW means an area bounded by shots. per Ordinance No. 2008-05 (Section 20.03.030). In this caw, B911bW Boulevard Is a major street that Is a sulificlem dividlina, line between each side of Balboa Boulevard. However, the Hearing Officer can adend beyond smaller streets like 12"' and I P Streets in an ~ to -eliminate the cifferences In bkx* MW per Section 20.9%060 (DA) to achieve a 6174bot block standard. Within Chet 17 fosot block whom the proposed use is located there is already one 11 bed -residlentlel care flicitilly (Balboa Horizons). The proposed use located at 1216 West Balm Boulevard, within the same bk)ck as Balm Horizons, would result in an of roakionu cars bollidis within the neighborhood- The Subject properly's PraidMity to another residential care fisdility at 1132 West Balboa, to a large SU1041cefismd day care fa ft at 1400 West Balboa, to Newport Bernentary School, and to tackles either selft or serving iWKft beverages makes the proposed use1ricompatible with the surroundlM reeklerdiall character of the neighborhood. The discussion of Incorripatibillity of ft proposed use with the surrounding residential neighborhood is dboussed° In "I in Section 4 of this Resolution. The proposed boatlon of the Use 1% only partially consistent with the purpose of the code and does not coniforth lto'all the requirements of Section 20.91&- . and therefore, this finding cannot be made. Section 4 That Finding D of NOW §20.91A.060 cannot be made for the following reasons: NBMC: S20MJL0BO Finding D: The use WM bq'coMp@tIbIq with the character of the surrounding neighborhood, and the addition or continued maintenance of the use WM not contribute.to c1l"Inj the residential character of the neighborhood, such as creating oi An overc cantratim of residential owe uses in the vidnity of the proposed use. In making this finding or sustaining Such a finding, the Hearing Ofillicer shall conslldler, an approprist% the following factors: 11. The Pro3drally of the use location to schools, parks, odw residenthd care ftelf1des, outlets for alcoholic beverages and any other uses which could be sliftled by or affect the operation of the subjed use; 2. The existence of substandard physical characteristics of the area In which the use relocated such as lot widths, sadmoksi narrow streets, gftftd available palking, short blacks, 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 NCR UP/RA 00734 I City of Newport Beads Hearing Officer Resolution 1216 West Baboa Boulevard (PA2008-104) Page 10 of 12 2. The existence of substandard physical characteristics , of the anus In which the_ uso, Is located .such as tot. wldthe, setbacks, narrow streets, limited available parking, short blocks, and other substandard characteristics which are• penrasbve In certain areas of the City of Newport Beach, Including portions of Met - Newport, LWo b1so Balboa PoninsuN,= Baboa. [Wand, Corona del War and Newport Heights, which. portions wars 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 ap plied .in subsections 20-111ADA and D2, ltwould.be appropriate to apply the Amedcan Planning Adsoaiation standard of permitting one or tiro such uses per block. - Median block lengths In different areas of Newport Beach widely range from 300 rfaft In the Nonstandard Subdivision Areas to as much as IA22 feat In standard .subdivision avers. The average calculable block .length in much of this standard subdivision areas .is 711 feet and :the. cafatdable median block. length :bs 6.17 .feet. The .Hearing Officer .shall apply the American Planning Association standard. in so areas of.Newpairt Beach In a manner that-ellnhhates the differences in block lengths. in making this detianninstion, the hearing otiicar shall be Vidded by .average or median block lengths in standard subdivisions of thwCity. TheMearhg Officer shall retain the discmdon to apply any degree of separation of uses, which he or she deedus appropdaie in any given case. A copy of the American Pladmkdg Association standard Won file with fibs DhWW 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 Getter, a age day ewe fad iilfty Sicetnaed by the State of Califomia Department of Sodal Servloss located at 1400 West Baboa Boulevard with a capacity of 44 chfdren. Thes s fad could be affected by the use due to rusidents of Newport Coast Recovery using the open recreational area associated with Newport Elementary School and the potential for residents of Newport Coed Recovery to loiter, smoke, and frequently engage in offensive and daruptW 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 Frye Market at 115 le ' Street) both within walking distance from the facility which aloft residents of the use convenient access to alcohol saw and service which can affect the ability of the Use to fully operate as an alcohol rehabilitation facBty. NCR 00581 NCR UP/RA 00735 City of Newport Beach Hearing Officer Resolution 1216 West Balboa Boulevard (PA2008-104) It. Is OPPMPA" to Apply the American Planning Association standard to this application. The use is bated In the mid -BaIbM Peninsula area which is a part of the Nonstandard Subdivision Area. Inasmuch as §20.91A 060 (D,3.) Indicates median block lengths In different are of Newport Beau widely range iron 300 feet in the nonstandard subdivision arm to as much as 1.422 feet in standard subdMWon areas, the - Hearing Officer may establish a blodc•length for the mid - Balboa Peninsula area Where this use is located. The calculable melon block length of 617 feet Is hereby -establishad for purposes of the mid-Balboa Peninsula area. . The term 'block* means an area bounded, by streets, per Ordkmrwe No..20084)5 (Section 20.03.030). In this case. - Baboa Boulevard is a mar street that is a sufficient dividing tine between blocks on each , side of Bab= However, the Has" Off$" can Mend beyond smaller streets Rte Ile and IPShaetsinan ~to 'etinnnt+ietire'dMierBnoesinl oW%ng#Wper Section 20.91A.060 (DA) to achieve a 617 -toot standard. The placement of more than one meldentI& we fatty per median block length in the dernsely populated mid -Balboa Penitaula area crestes a strong likelihood Of change to the character of the residential nell;hbatrood. Wiftfln °Ore 817 -foot block where this use is looted there is atregdy one 11 bed residential care facility (Balboa Horizons). Section S. The Hearing Ookw hereby denies with prejudice Use permit No. G foction The action shall become final and ellective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed vA the City Clerk in accordance with the provisions of Title 20, Panning and Zoning, of the Newport Beach "kApal Code. NCR 00592 NCR UP /RA 00736 City of Newport Beach Hearing Officer Resolubn 1216 West Ballm Boulevard (PA2008 -104) Paoe 12 of 12 PASSED, APPROVED; AND ADOPTED this 0 day of Febnrary, 2009. By: Thomas W. Alen, Hearing Offcer ATTEST: NCR UP /RA 00737 NCR 00598 "RECEIVED AFTER AGENDA Fm w, 9 W 4• P 4 • Dq Newport City Council c% Ms. Leilani I. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 Dear Ms. Brown and the Newport City Council, I am requesting that this letter be provided to all City Council members and become part Of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1115 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd (Ocean Recovery LLC) I am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at It 32 W. Balboa Blvd., which represents an overconcentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I am now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Permit without fiuther delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd ( Newport Recovery) The Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Drew Wetherholt P.O. Box 2255 Newport Beach, CA 92656 NCR UP /RA 00739 AGENDA PRjWEU:" From: pawl lopez jp.lopez @adelphia.netj Sent: Wednesday, March 18, 2009 9:49 PM To: Brown, Leilani Subject: Fw. 1115 W. Balboa and 1218 W. Balboa Sober Living Fed9ies— Appeal Wearirp Attachments: Letter to City Clerk Mar 18 09.doc Ms. Brown, Please forward to each City Council member and please make pad of the permanent record for the upcoming March 24th City Council meeft Please confirm receipt of this email Sincerely, Paul Paul A. Lopez 1125112 W. Balboa Blvd. Newport Beach, CA 92881 949.873-0489 D-aooezfroadrunneroom NCR UP /RA 00740 Newport City Council clo Ms. Leilani 1. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Bead, CA 92661 Dear Ms. Brown and the Newport City Council, I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Pero» is for both 1 115 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). I115 W. Balboa Blvd (Ocean Recovery. LLCM I am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no fall time supervision, utilization of parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an overconcentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I am now asking the City Cotmc9l to direct the Hearing Officer to make his decision new and deny this Use Permit without further delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd. Q fgrtmrt Recovery) The Hearing Officer has already denied this application based upon its dose proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (amoking, loitering, loud noise, profanity and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable perfomrance record Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Name Address NCR UP /RA 00741 Brown, Lallanl From: Ronel Methane lronel%@pacbe8.netj Sent: Wednesday, March 18, 2009 10:15 PM To: Brown, LOW Subject: City Council Submission for March 24th Hexing Newport City Council do Ms. Leilani 1. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 Dow Ms. Brown and the Newport City Council, I am requesting that this avail be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1115 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd (Ocean Rprovery l LC) I am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of perking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 tect of the residential cart facility previously approved at 1132 W. Balboa Blvd., which represents an overconcentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I am now asking the City Council to direct the Rearing Officer to make his decision now and deny this Use Permit without further delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd fteMrt Recovery) The Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, load noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior derision made by the Hearing Officer and deny the Use Psrnit for this facility. NCR UP /RA 00742 Newport City Council c/o Ms. Leilani 1. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 42661 Dear Ms. Brown and the Newport City Council, I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public beating regarding the Group Residential Use Pewits for both 1115 W. Balboa Bivd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd (Ocean Recovery. MC) I am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letter, pictures.and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an ovmconcettration of these businesses in our neighborhood, and importantly, the number of then businesses that are close to Newport Elementary.School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I an now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Permit without further delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd. (Newport Recovery) The Hearing Officer has already denied this application lased upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this OperaWr's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Sincerely, Tout Taylor 901 W Balboa Blvd Newport Beach,Ca.92661 NCR UP /RA 00743 19 March 2009 Newport City Council cto Ms. Leilani 1. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 Dear Ms. Brown and the Newport City Council, 1 am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1115 W. Balboa Blvd (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. BaNa Blvd (Ocean Recovery. L ('r I am writing to object to the decision of the bearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second harm smoke on adjoining properties, no full time supervision, utilization of Parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within loo feet of the residential can facility previously approved at 1132 W. Balboa Blvd., which represents an overconcentration of these businesses in our neighborhood, and importantly, the mtmber ofthese businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I am now asking the City Council to direct the Hearing Officer to make his decision now and deity this Use Permit without f vIber delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd. (Alewoort Recoveryl The Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking. Ioitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision made by the Herring Officer and deny the Use Permit for this facility. Victor and Wendela Sellier 1116 W. Oceanfront Newport Beach, Cu. 92661 Mailing Address: 3 Clarks Branch Rd. Great Falls, Vat 22066 NCR UP /RA 00744 Newport City Council c/o Ms, l.eilani 1. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 Dear Ms. Brown and the Newport City Council, I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1115 W. Balboa Blvd. (Ooeet Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W Balboa Blvd (Ocean Recovery LI&) I am writing to object to the decision of the Hearing Officer to continue the public hearing to adate certain (Le. 6 months), A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive seoond hand smoke on adjoining properties, no full time supervision, utilization of Ping garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an overooncentiadon of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I am now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Permit without further delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 12", B-41bu Blvd. fRemmort ReeovgUl The Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The publids input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Joseph & Kristi Verdugo 1113 W. Balboa Bl., Newport Behr, CA 92661 NCR UP /RA 00745 Newport City Council do Ms. Leilani I. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 Dear Ms. Brown and the Newport City Council, I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Pemtita for both 1115 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1111 W. Balboa Blvd !Ocean Reeaver , LLQ i am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (Le. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of Parking garages for meeting romps were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd, which represents an overconcartration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I an now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Permit without farther delay. It is now time for the City to consider the safety and wellbeing of the neighborhood 1216 W. Balboa Blvd. (Newport Recovery) no Hearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision trade by the Hearing Officer and deny the Use Permit for this facility. Name Terry and Laurie McKenzie Address 1151 West Balboa Blvd. Newport Beach, CA 92661 NCR UP /RA 00746 RECEIVED �� #� WENDA ('fillet li%.•� Thomas A. TecchheAnttiien C 444 S. Flower Strut, Tek 213-362-9M, Suite ext. 219 8 X13-82'1-7 1 March 23, 2009 C-"% CF Newport City Council . ;CtiH Go Ms. I.eilani I. Brown City Clerk Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 RE. Basin= UselResidwtial Aron Dear Ms. Brown and the Newport City Council, I have communicated to you earlier about the matter of conducting a business in residential meas on the Peninsula. I now sending you this draft created by my well- intended neighbors and I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1115 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd Masan Reeoverv_ II.Q I am writing to object to the decision of the Hearing Officer to continue the public hearatg to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noim profanity, illegal gathe> hW excessive second land smoke on aij Wng properties, no full time supervision, Wilb2tion of parking gages for meeting rooms were all substandated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an over concentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing Officer and the City to deny this Oceem Recovery Use Permit. I am now asking the City Council to direct the Hearing officer to make his decision now and decry thffi Use Permit without further, delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd. (Newport Recany) The Nearing Officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (stroking, loitering, loud noise, profanity), and rued permit and code violations by the Operator. lbe public's input, signed petition and letters ofoppositkm provided to the City have substantiated this Operator's unacceptable performance record. Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. �44Z { - k164w - Ton Techentin 640 Magnolia Avenue Pasadena, CA 9110&3622 NCR UP /RA 00747 "RECEIV b A AGENOg � Brown, L.eliani PRINTED" jQ 3_..!j"©i From: BandCSisco@aol.com Sant: Saturday, March 21, 2009 4:37 PM To: It> t 'ownDrlty.newport_beach..ca.us; p.lopaz@adelphla.net Subject: 1115 W. Balboa Sober Living Faelitly- Newport City Council CIO Ms. Leilani 1. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 Dear Ms. Brown and the Newport City Council, I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1 115 W. Balboa Blvd. (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd lOCesny R2ggvery LLCI I am writing to object to the decision of the Hearing officer to continue the public hearing to a date certain (Le. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application Additionally, the City received numerous letters, pictures and public testimony liom local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand stroke on adjoining properties, no full time supervision, utilization of parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility Previously approved at 1132 W. Balboa Blvd., which represents an over concentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the City with strong and compelling evidence that should have led the Hearing officer and the City to deny this ocean Recovery Use Permit. I am now asking the City Council to direct the Hearing Officer to matte his decision now and deny this Use Permit withottt farther delay. It is row time for the City to consider the safety and well being of the neighborhood. 1216 W. Ralbea Blvd, lNgfflTW r Recov�vl The Hearing officer has already denied this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. 'the public's input, signed petition and letter ofopposition Provided to the City have substantiated this Operator's unacceptable performance record. T terelbre, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit far this facility. Name: Mr. and Mrs. George W. Sisco Address: 1133 W. Balboa Blvd. Newport Beach, CA Feeling the pinch at the grocery store? Make dim err for $10 or bse. NCR UP /RA 00748 Newport City Council cfo Ms. Leilani I. Brown City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 Dear Ms. Brown and the Newport City Council, REDEAIED •20 MAR 24 M a 3 aft CiIY(a "VEWBEACH I am requesting that this letter be provided to all City Council members and become Pact of the public record for the March 24, 2009 public heating regarding the Group Residential Use Permits for both 1115 W. Balboa Blvd (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1115 W. Balboa Blvd (Ocean Recovery. LW I am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i.e. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly bighligU that this facility and its clients have consistently operated in a manna that is detrimemW to the local neighborhood for the past five years. Noise, profi city, illegal pthedUk Oxcws►ve second hand smoke on adjoining propene% no full time supervision, utilization of parting garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which represents an overconcentration of these businesses in our neighborhood, and importantly, the number of these businesses that are close to Newport Elementary School and playgrounds. I believe the local neighbors have provided the. City with strong and compelling evidence that should have let the Hearing Officer and the City to deny this Ocean Recovery Use Permit. I am now asking the City Council to direct the Hearing Officer to make his decision now and deny this Use Poamit without Rather delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa BhA ( Newport Recovery) The Hearing Officer has already decried this application based upon its close proximity to Newport Elementary School and playgrounds, the long history of repeated nuisances (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's input, signed petition and totters of opposition provided to the City have subd mtiatd this Operator's unacceptable poformance record. Therefore, I am urging the City to uphold the prior decision made by the Hearing Officer and deny the Use Permit for this facility. Kim Flores 1113 % W. Balboa Blvd. Newport Beach, Ca 92661 NCR UP /RA 00749 RECENED Newport City Council do Ms. Leilani 1. Brown O MAR 24 M 0 31 City Clerk, Newport Beach 3300 Newport Blvd. Newport Beach, CA 92661 D ( M CnY OF "w:; -'M BED Dear Ms. Brown and the Newport City Council, I am requesting that this letter be provided to all City Council members and become part of the public record for the March 24, 2009 public hearing regarding the Group Residential Use Permits for both 1115 W. Balboa Blvd (Ocean Recovery, LLC) and 1216 W. Balboa Blvd (Newport Recovery). 1 US W. Adhm Blvd ( Oceaa Recovery LLCI 1 am writing to object to the decision of the Hearing Officer to continue the public hearing to a date certain (i c. 6 months). A total of 143 petition signatures were submitted to the City requesting denial of this application. Additionally, the City received numerous letters, pictures and public testimony from local neighbors that clearly highlight that this facility and its clients have consistently operated in a manner that is detrimental to the local neighborhood for the past five years. Noise, profanity, illegal gatherings, excessive second hand smoke on adjoining properties, no full time supervision, utilization of Parking garages for meeting rooms were all substantiated by the neighbors. Additionally, this facility is within 100 feet of the residential care facility previously approved at 1132 W. Balboa Blvd., which rents an over concentration of these businesses in our neighborhood, and importantly, the number of these businesses that are dose to Newport Elementary School and playgrounds. I believe the local nelgtbors have provided the City with strung and compelling evidence that should have led this Hearing Officer and the City to deny this Ocean Recovery use Permit. l am now asking the City Council to direct the Heating Officer to make his decision now and deny this Use Permit without father delay. It is now time for the City to consider the safety and wellbeing of the neighborhood. 1216 W. Balboa Blvd. (Newoort Recovery) The Hearing Officer has already denied this application based upon its dose proximity to Newport Elementary School and playgrounds, the long history of repeated nttisancw (smoking, loitering, loud noise, profanity), and repeated permit and code violations by the Operator. The public's inpxut, signed petition and letters of opposition provided to the City have substantiated this Operator's unacceptable performance record. Tberefore, I am raging the City to uphold the prior decision made by the Hearing Officer and deny the Use Pernat for this facility . Thank you. Bob and Laura Keane 908 West Oceanfront Newport Beady CA 92661 NCR UP /RA 00750 From; cynthia koller [gracenbi @yahoo.com] sent: Tuesday, April 14, 2009 3:22 PM To: Brown, Lenard Cc: Bludau, Homer, Curry, Keith; Wolcott, Cathy, Jeff Cole; Kilt, Dave; don2webb@eartMink.net; edselich@adelphia.net; Earl McDaniel; Susan/Barry Eaton; Gardner, Nancy; Henn, Michael; Robert Hawkins; JM arkman@rwglaw.com; Daigle, Leslie; Rosansky, Steven Subject: Newport Coast Recovery Hearing Gentlemen and Women: As I am not sure I will be able to attend tonight's Council meeting I would like this entered in the record; I am in total agreement with the Hearing Officer's determination of denial to Newport Coast Recovery. If you read the staff reports, Mike Newman states that he is in precarious position because the "other facilities" permits were submitted and completed before his(Newport Coast Recovery). If he was this concerned with the process, he should have originally followed the city rules and applied for an FEP. Since he did not apply the first time for a permit it seems to me he feels he does not have to regard the rules and codes as stated by the city in the ordinance. NCR stating a denial of the use permit would "adversely impact treatment" is misleading. If they are providing a "different benefit" why have they NOT produced the necessary paperwork to substantiate their assertion? Below you will find a copy of one of NCR's web pages as of April 13, 2004. It states NCR IS It is in our ordinance this is not permitted. Why would they again not follow the ordinance? Between the horrendous adverse impacts that the neighbors have had to live with, the burden of having to document these for the city process and the example after example of NRC flipping it's nose at the resident's and the city of Newport's ordinance it should be obvious that they have failed their clients, the city and the neighbors time and time again. Thank you for your time and consideration. RaTectfidly, Cindy Koller M. • Home • Contact • Free Consultation NCR UP /RA 00751 • Inf!TAO • Our Philosophy • Program • Resources • Staff • Why Us? Talk to a Counselor Now Treatment Guide Enter your email below and press submit to join our newsletter and receive a guide to finding a good addiction treatment program E -mail: [ l [Submit] Rehab Resources About Rehab About Addiction Fly Help California Rehab High Tech Rehab Dual Diagnosis Prescription Drug Relapsing Alcoholism Ali Articles Staff Email Click Rere to LogZn 53500 Visitors This Month Archives ff, 4 1 ly-1 f .fir 1 1 Y f f Search 2 NCR UP /RA 00752 "RECEIVED AFTER 'Em acol Mike, Dave- PRINTED." REC,ENED At City Council meeting tomorrow night, April 14", we understand that the Council will consider the appeal of the operator of the Hearing Officer's denial of the tg� ��y1� �f�, 11� CUP, and possibly other requests ma� JP40 ritr6c6rhtly retained counsel. We are concerned with the staff.writeup and §Fft1fetations; of facts.droumstanoes and testimony that do not reflect the situation of this Use accurately. Several examples: W I. The report suggests that the °median block length for the mid Penninsula are should be defined as 617 ft °' In fact, the blocks in this area are in the 300 -360 ft range each. 2. The report suggests that "there is the potential for Over- concentrator" in the area. There is ACTUAL Over- concentration in the immediate area. -At 1132 W. Balboa Blvd.: an 11 bed facility At 1115 W. Balboa Blvd.: a 22 bed facility At 1216 W. Balboa Blvd: a 29 bed fadlity(subject applicant) At 1129 W. Balboa Blvd.: a 12 bed facility(believe that this was just vacated) At 1217 W. Bay : a 6 plus 6 bed facility pending At 1120 W. Balboa Blvd.: sober living group This list does NOT include other locations believed to be unlicensed 'sober living: facilities, or Ome several blocks away —this Is 11th and 12t'strest alone. 3. The report makes general referenoe to `residents' complaints,but does not reflect the actual violations of physical and other codes which have been known to the City for as much as 5.6 years. Specific examples: - applicant failed to apply for or Main previously required CUP, FEP permits. applicant made business license registration as a'Personal service rather than "Residential Care and treatrnenr business. - applicant operated an illegal facility at 1219 W. Balboa across the street from 1216 W. Balboa for some time, which he dosed at an unspecified date. a number of physical code violations 4. This facility and its occupants have been the source of nuisances to neighbors for a number of years --------not only when residents are in the facility,but also when they congregate in the area —on beach, at" and sidewaiks. These have been repeatedly reported to facility managers for }rears. 5. This operator per his own admission, and that of two of his onstte managers, has "trouble controlling the men in has facility+'.Family members of residents have reported serious behavioral ,substance abuse and frequent drop- outs associated with this operator's program. 6. The visitors to this facility regularly litter the streets, smoke on the beach, and take up already-constrained street parking —in addition to the residents of the facility. 7. The confrontational behavior of the facility's residents and manager has occurred repeatedly with no relief from the City --in and around the facility, on the beach and playground next to the school in front, and alleys ,sidewalks,boardwalk. 8. The managers of subject operator have repeatedly purchased cigarettes and alcohol for their residents from local stores— illegal. Issues and complaints have been reported by multiple neighbors to: Code enforcement the City attorney, the Police Deptand City Mgr. over the past 6 years. Not once was there a citation, and most of the time, citizens were told° there is nothing that we can do ". The City has allowed this residential neighborhood and area Around Newport Elementary School and playground to become so saturated that it is widely known as Rehab Beach. People go to this area regularly for drug activity. NCR UP /RA 00755 At the December 2008 public hearing, 83 residents and local business owners attended, many of whom presented testimony concerning the applicant operator and requesting denial of this use. A group of 42 parents with children attending Newport Elementary and who use the playground and beach there submtted a letter petition into record at the hearing requesting that this establishment be denied a CUP due to problems and its dose proximity to the elmentary school and playground. The City has a duty to protect its publies health and safety —and the integrity of its residential neighborhoods. While all of these statements and fps were previously submitted into record, we note that many were omitted from previous reports. Therefore, we hereby request that this correspondence be entered into public record as reassertion of testimony and evidence previously submitted —and that this be distributed to the Mayor and Council members in advance of the April 1e hearing. Denys H. Oberman, CEO A OBERMAN OWWW W Arlrrrofd Adows OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476 -0790 Cell (949) 230- 5868Fax (949) 752 -8935 Email: d.oberman– &hermanassociates.com CONFIDENTIALITY NOTICE: tfiedoeumemaempanymgdtistmnm moommmoonfidmUMi wmgiogtodwmwerwmchis legally pnAteged. The inronnadon is inwtxkd only fortbe use of the individual or cn* named above If you we not & intended recipient you are batty notified that any disctasum copying, disnibutioaortbe odit of any action in reliance on the commas of this telee*W infonnadon is srdctly pmhlbtted. If you have recdved thistra =isoonmmw,plc=notifyusimrwrolyat 949 / 4764790orthedemonicaddsabove toamngefortherebusefdwdo aa(s)toua. NCR UP /RA 00756 Attachment D to City Planning Dept. Memorandum: Correspondence Received between April 14, 2009 and July 7, 2009 NCR UP /RA 00757 Attachment No. HO 4 Correspondence Received after April 14, 2009 NCR UP/RA 00758 Brown, Janet From: Kiff, Dave Sent: Monday, June 29, 2009 10:00 AM To: Brown, Janet; 'Tom Allen' Subject: Newport Coast Recovery -1216 West Balboa Blvd For the record. From: Julie McBride [mallto:juliemcb22Qgmail.com] Sent: Saturday, June 27, 2009 11:31 AM To: Kiff, Dave Cc: Obomy, Shirley Subject: Group Residential Use Permit 1216 West Balboa Blvd Dear Dave, As you know, both my father (Rich Francisco) and 1(Julie McBride) showed up for the cancelled hearing on June 100. After speaking with you, we learned the hearing had been rescheduled for Monday, July 71". Unfortunately, we will not be able to attend the meeting on the 7�, so I wanted to let you know our position and concerns. We are owners of the triplex at 1200 W. Balboa Blvd, Newport Beach, 92661. in addition to ownership, my husband, our three year old son and I live at this address. We are in favor of the hearing officer's rejection relating to the residential care facility at 1216 West Balboa Blvd. and we hope that the appeal will be denied. Our concerns revolve around the direct and indirect effect that residents of this facility have on our three year old son. Directly, we do not like the foul language often overheard from residents. This is not the kind of language we want our son to hear and/or learn through open windows or when he is playing outside. Indirectly, we are concerned about second hand smoke coming through our windows. Our kitchen sits on the alley, and I often smell smoke while fixing and eating meals. It doesn't seem fair that we have to close our windows to insure our son doesn't breathe this smoke. Additionally, I am concerned that some of the residents are under the age of 21. 1 have heard that they are young, and their looks and activities (skateboarding, etc.) resemble that of high school students. I can't prove age, but it doesn't seem right. All in all, I am concerned that the residents of this home are not good Influences on my son Thanks for your consideration, Julie McBride 949 -675 -0464 NCR UP /RA 00759 Brown, Janet From: Kiff, Dave Sent: Wednesday, July 01, 2009 10:06 AM To: 'Tom Allen'; Brown, Janet; Wolcott, Cathy Subject: FW: Newport Coast Recovery For NCR - -- Original Message--- - From: Jeffrey Myers [maiito:jeff_myersr,}u mac.comj Sent: Wednesday, July 01, 200910:05 AM To: Kiff, Dave Subject: Newport Coast Recovery Dave could you please share my letter and video with the hearing officer. Thank you June 30, 2009 Dear Mr. Kiff, We all try to get along in our neighborhood. I received notice from the city about another public meeting for Newport Coast Recovery. I find it ironic that the facility is requesting "reasonable accommodations" for breaking the rules that are in place that allow the neighborhood to coexist. For example, the facility is asking for an exemption from on -site parking. This is ridiculous! I have noticed several cars illegally parked behind Newport Coast Recovery located at 1216 West Balboa. This is a frequent problem because the two double car garages at the facility are not used for parking. One double car garage is used for a recreation area that formerly included a weight room and currently a ping -pong party area. The other double car garage is never opened and I assume used for storage. On Saturday June 27, 2009, 1 noticed the below pictured pickup truck being issued a parking ticket. I approached the officer and asked her to make note of the facility address as being Newport Coast Recovery at 1216 West Balboa. She mentioned that they normally place a general location on the ticket, but commented that she had issued many, many tickets to vehicles parked behind this speck location in the past. Could someone at the city interview the parking control department and learn if a specific address is used on citations or not. If not, please have the parking control officers interviewed to get a better understanding of how frequent of a problem this issue is at this address. I truly believe if you can determine the true numbers of this problem you can prove that item #3 on the reasonable accommodations should not be granted based on this historical NCR UP /RA 00760 problem. One additional note on parking, many of the cars have out of state plates and therefore I assume that most of the cars are from clients or family of people in the facility. I believe the problem is compounded by the high turnover of visitors associated with this type of business. My second comment applies to all the remaining items listed for reasonable accommodations. And this is the reason for my letter. When this individual learned he had received a ticket, he went crazy yelling and cussing. I could hear this rant from inside my living room which is located several hundred feet away facing West Bay Avenue. I take concern on this type of activity because I have two young children living in my home. Although, the yelling and profanity has lessened over the years, it is still a constant problem that the facility is unable to control. Therefore, I believe it is not in the best interest of the city or this residential neighborhood to allow this facility reasonable accommodations to be exempt from NBMC 20.10.020. This facility has demonstrated an inability to control its customers and provide the neighbors with a stress free living environment and therefore should not be allowed a reasonable accommodation from operating without a Use Permit. As for item # 2 of the RA, the facility has had several months during the city's hearing process to properly manage and control its clients. They also have had sufficient time to discuss concerns with neighboring residents and place new procedures in place to better accommodate the problems they create for the neighborhood, yet nothing has been done and the facility, that should be on it's best behavior during this period continues to spin out of control. Again, I oppose the RA on item #2 based on the facilities inability to control its client base at the current restricted occupancy levels. Item #4, the city has no obligation to treat a licensed residential care facility as a legal nonconforming use. The group residential use permit process was created to allow the city some control of problem facilities. This facility has demonstrated an inability to operate within the confines of the use permit structure and therefore should not be permitted based on reasonable accommodations to circumvent the process. Item #5 California building and fire codes were established to protect life. For this facility to request an exemption to not operate the facility under the current and best fire and safety codes is an example of corporate greed. They place their profits before their responsibility to protect and heal their customers. According to city records, this facility has a history of non - permitted building modifications. I believe that any facility in the business of health care would be proactive in making sure their facility is as safe as possible. NCR UP /RA 00761 Mr. Kiff, please work with this facility to help them find a location in the city that is more suited for their business and their clients. Thank you Jeff Myers 1215 West Bay Newport Beach, CA 92661 P.S. The attached video is an example of what we experience on an on- going basis. 3 NCR UP/RA 00762 Brown, Janet From: K Y, Dave Sent: Wednesday, July 01, 2009 5:05 PM To: 'Tom Allen'; Brown, Janet Subject: 1216 West Balboa From: Marie Zondler [malito:mzondler@sboglobal.net] Sent: Saturday, June 13, 2009 5:55 PM To: Kiff, Dave Subject: Recovery House Balboa Blvd. I will be out of town on July 7Th, but would like to make a comment. I feel like there are more than the usual number of recovery houses allowed in other neighborhoods, plus they are all so close to the pier and weekend visitors. I am opposed to allowing the continuing number of recovery homes which were allowed before an ordinance was in place. I did a little research on the success rate of moving on positively for the residents is too high,and this to me presents a problem, as to what is actually going on in these houses. I also noticed some of the staff, were just like baby sitters, I did check one out. I want to go on notice, I am opposed to continuing granting new permits or renewing all of them, a few yes, but not the number that are in the neighborhood now, it is more than acceptable. 319 Fernando Balboa Marie M. Zondler ( Owner) NCR UP /RA 00763 Brown. Janet From: Kill, Dave Sent: Wednesday, July 01, 2009 7:25 PM To: Tom Allen'; Brown, Janet Subject: FW: 1216 W. Balboa Blvd., Newport Coast Recovery For the record From: Cindy McNeish [mailto:cindymcneish @gmall.com] Sent: Wednesday, July 01, 2009 5:49 PM To: Don Webb; Ed Selich; Daigle, Leslie; Curry, Keith; Kiff, Dave; Gardner, Nancy; Henn, Michael; Rosansky, Steven CC: ccnb @obemtanassociabes.com Subject; 1216 W. Balboa Blvd., Newport Coast Recovery Gentlemen: I would like this letter to be placed in the minutes of the July 7, 2009 CUP Hearing for 1216 W. Balboa Blvd., Newport Coast Recovery. My husband and I have attended several meetings regarding this facility and others near Newport Elementary School, and other areas of the city. It seems to me that common sense should prevail for this facility. They are less than 300 feet from an elementary school, the operator has been in violation several times, there have been noise, nuisance, loitering, vulgarity, poor neighbors in general, trash and smoking issues, and the operator has been confrontational with neighbors and others in the community. These ALONE should be reasons enough to abate this facility. Recently we have learned that this facility houses /treats patients under age. The operator is clearly not supervising this facility properly as it continues to draw attention in the neighborhood with its' residents and their behaviors. This kind of operation is not what anyone had in mild when they originally thought of helping people with drug and alcohol addiction. This is the worst case scenario and the hearing officer has turned them down once before. There was good reason for his action in this matter and the City should begin to "act" on such facilities. To date, the City has not demonstrated its' right to deny this use, and is not obligated to tolerate individuals or businesses which continue to defy the rules with illegal practices. It's time the City steps up to protect the community, its' citizens and schools. it's time the City abate this facility and show its' residents it is actually working for us, the residents and taxpayers. Sincerely, Cindy McNeish 1017 E. Balboa Blvd. Newport Beach, CA 92661 1 NCR UP /RA 00764 Agenda for July 7, 2009 Group Residential Use Permit and Reasonable Accommodation Hearing (July 7, 2009) NCR UP /RA 00765 City of Newport Beach GROUP RESIDENTIAL USES USE PERMIT and REASONABLE ACCOMMODATION HEARING AGENDA This hearing is held in accordance with Newport Beach Municipal Code Chapters 20.61A (Use Permits in Residential Districts) and 20.98 (Reasonable Accommodation). This is a combined public hearing on a use permit and reasonable accommodation to allow the continued operation of an existing state - licensed treatment home for up to 29 male adult resident clients. DATE: Tuesday, July 7, 2009 TIME: 3:00 p.m. — 5:45 p.m. (Hearing must be concluded /continued by 5:45 p.m.) LOCATION: Council Chambers, Newport Beach City Hall @ 3300 Newport Boulevard HEARING OFFICER: Thomas W. Allen AGENDA ITEM #1 USE PERMIT No. 2008 -033 APPLICANT: Newport Coast Recovery, LLC SUBJECT PROPERTY: 1216 West Balboa Boulevard, Newport Beach PROJECT SUMMARY: An application for a use permit requesting to allow a residential care facility to operate a licensed adult alcohol and /or drug abuse recovery treatment facility. This is a re- opened public hearing for this application which was remanded to the Hearing Officer on appeal to the City Council on April 14, 2009 for consideration of evidence .acquired after the public hearing on January 12, 2009 closed and the Hearing Officer denied the application. AGENDA ITEM #2 REASONABLE ACCOMMODATION No. APPLICANT: SUBJECT PROPERTY: 2009 -009 Newport Coast Recovery, LLC 1216 West Balboa Boulevard, Newport Beach PROJECT SUMMARY: An application for Reasonable Accommodation requesting exemption from the Newport Beach Municipal Code (NBMC) to allow an existing residential care facility to operate a licensed adult alcohol and /or drug abuse recovery and treatment facility in an R -2 District, where such uses are not permitted. The applicant requests the following: • An exemption from the portions of NBMC Section 20.10.020 (Residential Districts: Land Use Regulations) that require Residential Care Facilities, General to be established only in residential districts zoned Multi - Family Residential (MFR) with a use permit, subject to the operational conditions recommended by City staff in the January 12, 2009 staff report for Use Permit No. 2008 -33, including a maximum occupancy of 14 residents, which was denied by the Hearing Officer; or, in the alternative. NCR UP /RA 00766 • An exemption from the requirements specified in NBMC Section 20.91A.050 (Development and Operational Standards), including: • A waiver of the occupancy restriction of two persons per bedroom plus one staff member, and to allow a total occupancy of 18 residents; • An exemption from parking requirements specified in NBMC Section 20.66.030 and to impose parking requirements that treat the residents and the visitors of the residents in the same manner as any other resident or visitor to Newport Beach, particularly those requirements that pertain to weekend visitation; • Treat the use of the licensed residential care facility as a legal nonconforming use; • Apply the California Building Code provisions that were applicable at the time the residential care facility was established as relates to life and fire safety matters; and • A waiver of the required finding specified in NBMC Section 20.91A.060 (D), relative to the compatibility of the use with the character of the surrounding neighborhood, which requires a finding that the continued use will not contribute to the changing of the residential character of the neighborhood, such as creating an overconcentration of residential care uses in the vicinity, and waiving the impact analysis contained in the Factors A through C which the Hearing Officer must consider in making or sustaining the finding with regard to the proximity of the use to schools, churches, playgrounds, day care centers, and alcoholic beverage outlets, and the application of the American Planning Association standard of permitting one or two such uses per block. AGENDA ACTION 1. Meeting Convened (Hearing Officer) 2. Agenda Item #1: Use Permit No. 2008 -033 — Newport Coast Recovery, LLC a) Presentation of the evidence acquired after the close of the January 12, 2009 public hearing (Newport Beach city staff) b) Applicant comments, if any c) Public hearing re- opened (Hearing Officer) L Comments are limited to comments about the subject property's application; and ii. Comments are limited to three minutes, unless otherwise ordered by the Hearing Officer d) Public hearing closed (Hearing Officer) e) Applicant may offer rebutting or clarifying comments (Applicant) f) Hearing Officer's questions of City staff or applicant. g) Hearing Officer determination. Options include continuance, approval of use permit with conditions, or denial. In the latter two cases, the Hearing Officer may instruct staff to prepare a Resolution for his signature. CEQA: 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 CECWs provisions. NCR UP /RA 00767 3. Agenda Item #2: Reasonable Accommodation No. 2009 -009 — Newport Coast Recovery, LLC a) Presentation of the reasonable accommodation request (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 ii. Comments are limited to three minutes, unless otherwise ordered by the . Hearing Officer d) Public hearing closed (Hearing Officer) e) Applicant may offer rebutting or clarifying comments (Applicant) f) Hearing Officer's questions of City staff or applicant. g) Hearing Officer determination. Options include continuance, approval of reasonable accommodation with conditions, or denial. In the latter two cases, the Hearing Officer may instruct staff to prepare a Resolution for his signature. CEQA: 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 CEQA's provisions. APPEAL PERIOD: Use Permits and Reasonable Accommodations do not become effective until 14 days after the date of approval and adoption of the resolution, during which time the decision of the Hearing Officer may be appealed to the City Council. NCR UP /RA 00768 PowerPoint Slides Presented by Asst. City Manager Dave Kiff at July 7, 2009 Group Residential Use Permit and Reasonable Accommodation Hearing NCR UP /RA 00769 ■ ■ ■ ■ ■ �owmw<- .�Oo -O�' -O ,�• 5 Cn '0 0 W Q. 3�O� -ooc: .=3 0 0) CD O ,- CD ,..� CD CD 7:7QO13)02) 0ZCDCD•4< n 2 Q -• Q 0 � CD C/)- Q. ,p S.(DD pCD�o 00-0 N =3 0�CD=((]025-0v CD 0�gow'- '�n00.O 12) CD O •:3 =r S•CDp��rCOO (n'CD fn.� nn o CD CD cr 007 n<�• �M1�1CD0 0WCD: CD CD CD c: < Q N 3MCD :OOW. W W0 CD �0�C'CL 0. W CD co CDC —� � Cn� 0 CD ..�0 CD . W CD � � �. 3 cn -* r* NCR UP /RA 00771 . . . ,T CD O m 0 c0 2) CL CD m 0 CD QL 0 ■ ■ ■ ■ mwo>- ■ CD c -0 c - �° CL o BCD ' =0093 =233 O1- , CD • CD ��,CD � m 0 :3 3 3 a �CDnDm CD 0 C CD m U) -• =�CD m° �* O co CD -.1 3. 0 00 CD n• 0 C: CD m CD 0 ~' `G o n = O O CD <' � �. -0 N CD W O .. R+ 3 n CD Q CD O n <m � 3 CD CD CL O 0 0 m CL CAD CD N 0 C CD Q ■ ■ -0D • C: _"0 D 0' 0 CD CD �0 (6 0CD a 0 3 cD -0 CD < -. m:3a CD(n� sz �; m �p :3w �< ■ cn CD CD PowerPoint Slides Presented by Deputy City Attorney Catherine Wolcott at July 7, 2009 Group Residential Use Permit and Reasonable Accommodation Hearing NCR UP /RA 00774 trJ O N � O y CD brd n �C O A� O NCR UP /RA 00775 NCR UP /RA 00776 NCR UP /RA 00777 NCR UP /RA 00778 NCR UP /RA 00779 NCR UP /RA 00780 NCR UP /RA 00781 NCR UP /RA 00782 NCR UP /RA 00783 NCR UP /RA 00784 O O O PZI M N. • CD cC CD r'i' ►� rF o � o r+ i NCR UP /RA 00785 NCR UP /RA 00786 NCR UP /RA 00787 NCR UP /RA 00788 NCR UP /RA 00789 NCR UP /RA 00790 NCR UP /RA 00791 NCR UP /RA 00792 NCR UP /RA 00793 NCR UP /RA 00794 NCR UP /RA 00795 NCR UP /RA 00796 NCR UP /RA 00797 NCR UP /RA 00798 NCR UP /RA 00799 NCR UP /RA 00800 NCR UP /RA 00801 NCR UP /RA 00802 NCR UP /RA 00803 NCR UP /RA 00804 NCR UP /RA 00805 NCR UP /RA 00806 NCR UP /RA 00807 NCR UP /RA 00808 NCR UP /RA 00809 NCR UP /RA 00810 NCR UP /RA 00811 NCR UP /RA 00812 NCR UP /RA 00813 NCR UP /RA 00814 NCR UP /RA 00815 Documents Received at July 7, 2009 Group Residential Use Permit and Reasonable Accommodation Hearing NCR UP /RA 00816 07/07/2069 10:49 16508791103 1 } it C . i f t i 10 t j LM BRANCART BRANCART City. of Newport Beach .2005 -2009 Consolidated. Plan P� AI.LDM PAGE 04/30 07/07/2009 10:49 16508791103 �i :t I ' S : 1 BRANCART BRANCART PAGE 06/30 toruc�orarin� acs Q'yglNswpartB�aeA MIS ?DOS -100D C7onwltdatsdPlm7 Rw 51!l/l7S - - - 3 NB 20725 . NTOr •r qMF...a" NCR UP /RA 00819 07/07/2009 10:49 .16508791103 BRANCART BRANCART PAGE 07/30 M +s ° l { $ a$ co ., :. •�, ^pip , � Z/ NB 20773 NCR UP /RA 00820 07/07/2009 10:49 16508791103 HRANCART E WCART City of Nevport Beach, Calffornia Five Year Consolidated Plan FY 2000 2004 One -Year Action Plan FY 2000 - 2001 r s Submitted to: U S. Department of Housing and Urban Development Las Angeles Area Office 611 West Sixth Street Los Angeles, Calffornia 90017 -3127 CT.i'%' OF NEWPORT BEACH 2000 -2004 Consolidated Plan Document PACE 00/30 07/07/2009 10:49 16508791103 BRANCART BRANCART 'PAGE .09/30 Beach b a comnamity with dgeffiOwt pabHo room= in ebe fm= of the upper ' and lower bay. m a% ptdtlla beak and puble Vasa wbkb siao Wind mtoy viwwm Tlta City' ihns wiped a bkb pda ty W prate accessibMW bupgwvm@M W %cram aoomeibi* for bmAima"O pewom W publio bafldi*4 Pbaa and te+naama, Sbaca do bgavvemuw wo C.by -wide, it is mOcreted dud a m ofditabtad persona trM mo4liity llmdtedmvM beaafit. Obja*vm Tba OW idands m psovbk+ 330,000 bt'CDBO !bide ibr Amaaval of wahWalatid I iers during eba 1000.2001 pmghmn yea to lxovide hshfdktpped soccalbW to VO& bdMhe^ perks, pins and mawms is o a"At ere vdtb tha Ammiam widh Disabiffdea Act (AAA). The 120 writ dodder Rehue fimhtag of dde adegory as an sum d bob du ft the AM five ym pedad. Opjsadvo: Toptovide aa7satme W the eldetlY. ' Aoty* (err order to adhbas the aon boudag spedet needs, the C9(y w9l oan WW auccatog Rasds to amw Pasant " dish ud" eb baaome mobile and accessible to PA& buff bid and - aoatceL -Mw oasts"i ck& baii&g moth hslevafoss and tab taAS. � . Acdvllyn WWe the fmily an*mmod is dw ideld *md= to ptavide tar to needs of ate oldaly. tits is oat hiiwsys possible ilmt hm the City Way oamdaua to JbIld social tt mm wasdas that provide melds W feel! aidacly Baal needy bmdwmd pasonatudfemtia...� r.y�. Obstacles: Lihhrif = as !biding psalhadt A* t 4posdag n»idla meals prolp m is the .r.-.djDA mph==* Rttxb& *ads of Parmas WittAk*hol or Drug AhidW=: Phatoaa with aktobol and adore drug addiatmu oft= mad mWardw am mod hdW nbabMadou in ado to paactim ttadr 9h* ltMd Blimp. Ofdaetivm To W" =Vim Mub whkhlaaeMrS modwde vvWsSt the oafao uww. Aet WW. Tina Cite mew mat tm to Red social aarvlm agmgies that provide moaaft ebeiapy nod tatppost aavlaea W low and #wdaaie hm ma paaats who m f flame ako>hd and tb* addiotm. 4 Ad 14 NS 26717 NCR UP /RA 00822 07/07/2009 10:49 16508791103 �70bsmlm-. The s with BRANCART BRANCART PAGE 10/30 V of Sending "A social service agmdes that can pinvlde the nwor obemdesin as bft ihese parsons. At lot npor4 there vmn 150 cuumMvc AIDS can reported in Newport Be" Of the oases reported in the survey, 42% were Newport Beach residents. Persons who am MY positive are a serious 'W rlslr" population in the thaoge Com V metropolitm aura. As shod in the qty's Reusing BlOM04 impimnontadon A.etiona, the ley AM allocate a partbn of its CDBO fiends to Pmvlde services for the homeless. Objediva: To provide social service Sends which may =lat the ocals of parsons and fmtilim with AM withi &a community. . Activity: Thar City may conotmto to Rend social servim agencies that provide abeher and support servloes 10 aattromety low, low mad modm* km am patsoaa who may sdArAVM AIRS. Activity: Tim City may ooardnne to Sind social service sounders that provide aoaoseilog, % 9WW and suppers servlom to low and moderate laceaw persons wbo sufft Sum ADDS. 'Public Housing: Tbore ate no public housing units looaoad in *0 City ofNexport Bench See Table lB — Special NeaddNon- acgpdoa AFFORDABLE HOUMM As slat d is the City's Housing Elemmk goals No policies, # Is due intent of the City to p v=ve and increasebMaing ility Omugh mntd housing for the very low and Iowa income persons, housthdils and Stmdries and provide incentives and dhan existence to ** boneitag W&Wuy, widilo the iiuuY+ di of available mo mem to faa fume the piwtsicn of haasing San the ea4aocly low, 16* and modestn incomes Do desirability of Namport Beach as a mWendal comma ad dm lack of developable Ind have taacho in extremely high lead cost. The odlitadon'of CDBO and other homing Scads bcip to pWum odaHtioaet housing in the City for the a mmaty low, low sad modemse iow= persons and Svmlm Priotides am based an the homing noods idenaeof in the t7 ¢¢ J NB 25718 7 NCR UP /RA 00823 ' 07/07/2009 10:49. 16508791103 BRANCART BRANCART PAGE. 11/30 f . Yf7.. 11 Y) f7 tl. t. l�eeam+bi Nruale {•� o �"" pwdopwe � Cb10 3002 . 7aifl�� f l'jt 07/07/2009 10:49 16508791103 BRANCART BRANCART PAGE 12/30 SPECIAL NEEDS ° • N Clp,=TnrE8 The Shatepfo Plan must address to needs of parsons who era not hortwfess but re"he OUPW vie hroustg, kwwlrq dire elderly, hat elderly, persons vnMl dWOMOes, Pis With alcohol a cater drug addiction, Personas with HN/AIDS and their famtles. The 8tafth; Plan spacllloW cab far 20 04Y I t. h omesaswmmill ttytopubtaf 2. b Wwm &Wpm" serAm to elderly residents S. hnpmm supporsve services to twee with substance addictions 4. Imp aim supportive servicas to thoce Ift VM HIV /AIDS INCREASE AC! $#SILITY 12 MIJC FAMkmEa The CIy did not undertake any *cMins during the program yam that addrcas this obJacnve. Fulda Will be used to address this objso0re in htm program yosm of thb Ocandilmted ftn. For example, $W,n00 flat been qudgated to ADA Our"anae In fie 2003-2004 Program yssr IMP SUPPOMM SERVICES TO PLUMMY RESIDENTS Seoffi county awmarsarvbmm OAS-YXM0cte9: 113Bt0utr oAd�`�Awiw aAmeaarr� kMYBtemur air.,mn6lPp09a This social service agency provided meats on sMs and also doMmm d meols tb homebauld senlon throughout Newport Beach. This w4lbe diows seniors who may otsrA4aa became remain in tat honest and maintain their self - sufficiency. FM Harbor Moldle Meek This soda! owvka appu q dWWotad mwaha to boa mbomw sontols'ihroughout.Nawpat SOSoh,:Thile manwi' ask mntom win wr N oilmr �� kwiiWttrsl=ad tofrre&1 In Utdr homma artQ mail wheel tcy. Serving Peoplo In Need (SPIN) — Substance Abuse RobabOfYflon Pmgfam ONs -ruts r4IRXMW ONlts MA&DWIffaaaYat Immmr ONrAA2 I mi This program Provided acomas to mwvery rwmms homeless anil bw fnoome kxhmdts o Wwrwise MW rm mferd such =Moao tTha program a am month o •ramp fM e®d. Coulseftn0, and supplemental mentions focused on ampWp"k medical osellstOnCe, and *0 wdstance. One Newport Beach resident benefited ficra services dnatp the FvW= Ymv at a Hof $1 C.O . funds were used operations! costs aid therefaa benefited non-revidaod ciadele as wall. COIIaWldakdArnutl Pedemm,�a►ead Srnatndorn laramr NCR UP /RA 00825 PMP AI �a NS 21176 07107/2009 10:49 16508791103 t r i 1 BRANCART 5RANCART CITY OF NEWPORT BEACH ON9 -YEAR ACTION PLAN PROGRAM YEAR 2006 -2006 PAGE 13/38 i 07/07/2009 10:49 16508791103 BRANCART BRANCART PAGE 14/30 2. STRATEGIC PLAN ,h ' J 11ie who are rot bOmelese but klg. These 'spgdal need' poprd dim khcude y. with dlsoblNios (mental. Physical. developmental), persona with atechol or other dnhg addkAbn, pamond with H!VlAIDS taus thelrfamNtes. and public h"In n residents. L tnanRRe xsamapfnl/y to PWO faemes The City wtil oauhua to WWAJa kaWkhg For ADA SMewalk b>Wmm nk to PON fasA w throughout the city to 0naura awaasbNty to MGM" wkh dfaabVItes. In the uposaft Program yaar, the Coy WIN WW MO $WJW for'Mich WpwwrneMS. 2. ImPFDvO support DoMeas to ~y wstdont; Santoro ors the tmgesl mid MObW rmft'aped0t new' population In Newport Beech. no City old Pwvale support to tahfora to enable thmr to Tomah hdapandanL In the upowvngpW= year, d» City wB WWWO $18,000 of ODSG MWing b FISH Harbor Area. Inc. to admiMa er Out MOM Meals Pmgmm ON $?.000 to South COSmty Senior Smvioes, Inc, th administer thek Horm0ediarad Meal Program. Both Programs ddiwr mnrttiora muds to h mebound Renters throughout Newport Beath. TAb adonro senora who may a0ronvbe ba cams Imutuncrustmad mrnaln in their ins, and ' � treat 't f�r�➢1 . c F � ' aa. Q• mgftv* swoon sarirlaaat6 ttwarVAlfh antis3enoa ir�Jlotlons Pentane sufFming from subslwhce eddidtens are R target population of the CW8 Ant¢POwity Strategy. Once 0 person had begun to roeocery poem, tbere is a hiow dumm trey wlp become SdRsLACIDI It. In the uprzmbrg pmgnan year, Bh$ (My will Continue to aWpot dw dfarts of Serving People In New (SPIN) by finding f it Substance Abuse RaWbRotisn Program wph SB.WB of CDSO Roman This Popham'povtdsa Rasa to meovmy progrsme to homeless and iow4worna iiWlviduale whom oftmemisor coved not afford such emvloed. TIw pn'a W Includes tan month o room < 11004 oan0101hg, and dupPiamdnW aervioes %PJW on empbyrnar4 awdical assistance, and v to the X064006 Progrmn Year. the Coy w!U Pmft $4,9W of CIMG MWe to F.tmnenuei House, a tmnOMW housing pn>g1arn for R&ft MV WM HIV or AID, She"M*d of He kind In orange Cm*- Mercy House administers She pro)mct. Funds wm be used ib WwMe stab ashrles and PMW= sipptias. Thu program mrpaCts to $spat 40 ckds In Orange County. �' i1r •'tom y CITY Or Sew NOAT SIAON ANIIuAt ACTION ►tAN Pon ►AOANAM YVAe floe NCR UP /RA 00827 rAee 0.3 07/07/2009 10:49 16500791103 BRANCART BRANCART PAGE 15/30 07/07/2009 10:49 16508791103 BRANCART BRANCART PAGE 16/30 C&YV Pg. 1767 2001-2WCmuvNAwddam NB 25505 NCR UP/RA 00829 3 ' • 07/07/2009 10:49 16508791103 fill �OI i BRANCART BRANCART PAGE 17/30 Y NCR UP /RA 00830 y: I J �g � J Y NCR UP /RA 00830 NB 25600 �g NB 25600 07/07/2009 10:49 16506791103 BRANCART BRANCART PAGE 18/30 A°4 City of Newport Beach Fw PY 20W2007 Consolidated Annual Performance and Evaluation Report September 2007 1ILDM QW*fxewpws w . 3MNswpwB*ww..:a • x0jimpawkCAnamw NB 26840 i> NCR UP /RA 00831 07/07/2009 10:49 (a� U . LI , a Q 16508791103 MANCART HRANCART Executive Surnmary This "Wrt Is the Second Year COnsdidatad Annual Peftm anm mW E eluatlon Report (CAPER) which outlines the clWa progress in meating the goals and obdecWm outlined In the Cs" PWe -Year Conaoitdatad Plan for fiscal years 2MS - 2M- The Strateglc PIS" obJec"v" and goals In the F va -Year Consolidated Plan are summar@ad below, indudhtg the echievVrmt for program year (PY) 2006.2007. er arroMabla housing unite 320 households 0 households b\ 1 L,014 lausotat� level n Patattan nitRy to public witthns 3 public fa6lhtes 1 Puallc facility ve services to atderiy residents 350 Parsons 161 parsons ve services to those with 25 persons 14 Pens Alone ve services to those living with 200 persons 1. pom n h& am homeless and those at T" or 300 Parsons 2" persons hometema EnrMnrate blight, bligh" bgbance and 2,501) househows 496 househoits Mvent of I ca or dtlan thmu b felWbifro"m h public tacimes 1 public fadOly of community racmd" praft Ve neighborhoods and prmk, 6 ao6r6wc 3 public fadNmes 1 Public facility empeya MOftt to rower tacome residents A detailed bmsWovm of the two year mccomplbshn"M trshtg mAG llanda can be lbund In the Summary of Annual 0144dIyas in Atlaehmant `A ". Cevalopf man* of the 2OW2007 CAPER of +egirtsd by a s trtalad States Deparanent of Houvmg and tkban Devalopm" (HUD). Oa coy O Newport GOSH has Prapabd Oho 0001e011"M ArannM Peftnu nee area Solualion Ct p assessment of 0a ewe p&fgmaraa b1111eOfJp Ph develoMwo grrala me maenad In the pravbtragr so Phsi. TO the gashm agent feealb1% lire dais cope Aabdlc mamOfa CRY was not On bad may, iiOal to HUD. M& documma *ordains on Pltcai 2W"007 housing Acft &forts nhqubsd by Ote CAPER, Pis Ohat occurred In the We NCR UP /RA 00832 PAGE 19/30 [:I:3tbfT!1 07/07/2009 10:49 16509791103 BRANCART ERANCART PAGE 20/30 ;,.. STRATEGIC PLAN i ova The follortrrq is a eranmaty of the Five Year SWA00 plan and flow the adWites proposed for the upcoming program year will work toward achlsving VW goals included In the Strateglo Plan. The full version of the Stratagio purr is in the Chia 200$*= Corrocildamd Plan arrd can be obtained from the CWs Planing Department The strategic goals ere di 4ded between Newport fleach program *W&dAw and- HUD- r sPsdffed objectives. The N ;, • . , .. awpart Beach prbgmm goals were developed based on the -sPadgc needs fund within the connu ft The HUD- spsdfled gosh are mandated by -the Worst govemmont and doIsigW to most common needs found to cortmunttse throughout the courwy. An aotiifily'.w9l appear mare than once gW that some 190I and federal goats overlap. AB acovhm proposed for the 2dOt program ysev will sitrhre to .serve trees and moderste•inoome persons. No, activities will seek GAO WRY under the Newport Beach Program Objectives lag P Priorities•artd Strategies: 1. Itsxease supply of ttoustrg unRe affordable horrsetteide through new Construction. 2. Matdeln eAstng I" of Sedbn 8 housing vouchers end m*reatr'XW t" wit►In ' the CRY. 8. Ensure unhmmat access to fair housing choke wibn the dty. , .4. Special Naede Funding Prioritss :Abd Strateg<es: ` 5. hamase accssaitsiity of peraongmAth disaboties to public fled , B. l ve '� i S.•I �- .....,R.. .. ��lR•vv..v.w:'e: n+Paxo..........ar- .� -r-�.. - 8 increase.auPPOAtvs aervidee for;erects IiVtig g. Homer Funding Priorities and Strategies. • d06 Preserve the sup* of emergency and traroftr at housttp. 11.Improve services for homeless persons end, prevent those, st-ft of bad homaoss from- losing thak house. . OITY.Or akweamy saaaw AwaYAt A4TIoO ►tAa fww IAG4AAa YO.04000 �AOC ...*. NB 25988 NCR UP /RA 00833 Transcript of July 7, 2009 Group Residential Use Permit and Reasonable Accommodation Hearing e� E CERTIFIED COPY PUBLIC HEARING ON NEWPORT COAST RECOVERY, LP BEFORE THOMAS W. ALLEN, ESQ.,`HEARING OFFICER NEWPORT BEACH, CALIFORNIA TUESDAY, JULY 7, 2009 �, PREC I SE V REPORTING SERVICE (714) 647 -9099 • (800) 647 -9099 • FAX (714) 543 -1614 www.precIsareporting'.com NEWPORT BEACH RECOVERY - 7/7/2009 Public hearing was taken on behalf of the City of Newport Beach at 3300 Newport Boulevard, Newport Beach, California, beginning at 3:00 p.m., and ending at 6:07 p.m., on Tuesday, July 7, 2009, before LAURA A. MILLSAP, RPR, Certified Shorthand Reporter No. 9266. 2 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00836 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 BEACH RECOVERY - 7/7/2009 Public hearing was taken on behalf of the City of Newport Beach at 3300 Newport Boulevard, Newport Beach, California, beginning at 3:00 p.m., and ending at 6:07 p.m., on Tuesday, July 7, 2009, before LAURA A. MILLSAP, RPR, Certified Shorthand Reporter No. 9266. 2 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00836 r' 5 0 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 BEACH RECOVERY - 7/7/2009 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 -8484 CITY OF NEWPORT BEACH BY: KATHLEEN WOLCUTT, ESQ., Deputy City Attorney DAVE KIFF, Assistant City Manager JANET BROWN, Associate Planner SHIRLEY OBORNY, Administrative Assistant 3300 Newport Boulevard Newport Beach, CA 92658 -8915 (949) 644 -3002 For Newport Coast Recovery: STEVE POLIN (By Telephone) ATTORNEY AT LAW 3034 Tennyson Street NW Washington, D.C. 20015 (202) 331 -5848 BRANCART & BRANCART BY: CHRISTOPHER BRANCART, ESQ. P.O. Box 686 PESCADERO, CA 94060 (650) 897 -0141 PRECISE REPORTING SERVICE (800) 647 -9099 1►[y:i�1�l:L��hRk31 i 11 LAWYER'S NOTES [y :ill �l :Li�I�RkR? 1 2 3 4 5 6 7 3; 8 9 "k 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 NEWPORT BEACH, CALIFORNIA; TUESDAY, JULY 7, 2009 3:00 P.M. - 5:50 P.M. MR. ALLEN: All right. We'll commence the hearings on Newport Coast Recovery. We have two today, as you noticed on the agenda. The first hearing that is scheduled -- and incidentally, I'm Thomas W. Allen, the Hearing Officer designated by the City for purposes of hearing the group home applications. The first hearing we have today is a remand from the City Council to this Hearing Officer after the Hearing Officer denied the Use Permit application of Newport Coast Recovery. And then subsequent evidence was discovered that the City Council wanted the Hearing Officer to review. And so we're going to have a very limited public hearing with respect to that particular remand and then move on to the second hearing, which is a reasonable accommodation hearing at the request of Newport Coast Recovery to continue the operation they presently have. I So my suggestion here is we have until 5:45 to conclude these hearings. The first hearing is a very limited one solely on the issue of some after - acquired evidence. And so I think Mr. Kiff will probably comment similarly, but the idea is to restrict the amount of PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00839 4 '!7 67 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 testimony that we give solely and exclusively to the narrow issue on the after - acquired evidence so that we can move that hearing through as rapidly as possible, and then move forward with the more comprehensive matter of the reasonable accommodation request for today. So with that, I'm going to turn it over to Mr. Kiff to commence the presentation. MR. KIFF: Thank you, Mr. Allen_ As background for you, Mr. Allen, and for the audience, on January 12th of this year, you denied this Applicant, Newport Coast Recovery's request for a use permit at 1216 West Balboa. The operator, Newport Coast, appealed that decision to the City Council. On April 14th of 2009, the City Council acted to return the issue to you to consider evidence acquired after the January 12th hearing. As you noted, part one of today's agenda is a reopen the Use Permit hearing to consider that evidence. Part two is the reasonable accommodation hearing. That's a new hearing by the same Applicant at the same location. For the Use Permit hearing, I'm going to make are very brief presentation about the after - acquired evidence. Then, as has been your past practice, the Applicant is welcomed to make comments. Then the public hearing would be open. As you stated, the testimony is PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00840 45 1 2 3 4 5 6 Fl wi 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 limited to facts or knowledge about the after - acquired evidence. The comments are limited to 3 minutes, unless you determine otherwise. You can close the public hearing at that point. The Applicant can return to rebut or clarify comments made. And then an opportunity for questions and answers from you to the Applicant or to City staff, and then you can make a determination. At that point, after the determination, we move to the reasonable accommodation hearing. So with that, I want to make staff's presentation about the after - acquired evidence. There is a finding that the Municipal Code requires the Hearing Officer to make at the -- in order to grant a Use Permit. And one is that the use conforms to all applicable provisions of a certain section of the Code.' But that one of these conditions -- and it's within Newport Beach Municipal Code Section 20.91A.060 - -;and this is condition eight, it says, "That no owner or manager shall have any demonstrated pattern of operating similar facilities in violation of the law." So this is a finding that we believe we could make in January, as a staff. And making that recommendation is a finding that we believe we cannot make right now. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00841 ME 8 9 10 11 12 wi 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 limited to facts or knowledge about the after - acquired evidence. The comments are limited to 3 minutes, unless you determine otherwise. You can close the public hearing at that point. The Applicant can return to rebut or clarify comments made. And then an opportunity for questions and answers from you to the Applicant or to City staff, and then you can make a determination. At that point, after the determination, we move to the reasonable accommodation hearing. So with that, I want to make staff's presentation about the after - acquired evidence. There is a finding that the Municipal Code requires the Hearing Officer to make at the -- in order to grant a Use Permit. And one is that the use conforms to all applicable provisions of a certain section of the Code.' But that one of these conditions -- and it's within Newport Beach Municipal Code Section 20.91A.060 - -;and this is condition eight, it says, "That no owner or manager shall have any demonstrated pattern of operating similar facilities in violation of the law." So this is a finding that we believe we could make in January, as a staff. And making that recommendation is a finding that we believe we cannot make right now. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00841 ME 7, 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 BEACH RECOVERY - 7/7/2009 So -- and this comes about as a result of a discussion of a call that was made to me on or about April 1, March 30th of 2009, where a mother claimed to have had a 17- year -old child in treatment at Newport Coast Recovery for substance abuse. Among the troubling issues that she raised with me were that apparently Newport Coast Recovery knowingly accepted at least up to two minor boys for treatment at Newport Coast Recovery in apparent violation of their license from ADP. Newport Coast, to my knowledge, has a license to treat adult men, not minors. The mother alleged that, sorry, a subsequent investigation by the Department of Social Security services which governs youth and youth facilities brought forth a claim by a Newport Coast staff member that they held an adolescent waiver that allows treatment of minors for the Newport Coast facility. Adolescent waiver is granted by ADP on a condition basis, but my follow -up call with ADP resulted in them telling me that there's no record of Newport Coast ever having an adolescent waiver authorizing Newport Coast to treat adolescents. The mother alleged that one of the minors was instructed by Newport Coast staff to lie about his age if asked. And that one of the minor boys was taken off -site` PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00842 7 5 6 7 8 F] 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 in another resident's personal vehicle where the minor relapsed. The minor boy was removed from Newport Coast's facility is taken to a sober living facility in Costa Mesa without notifying the minor's parents. At this point, the Newport Beach and Costa Mesa police were involved. Found the child. And Newport Coast told our police department that they would not take the child back to the Newport Coast Recovery facility because he was a minor, in effect, abandoning the minor away from his parents, who were both -- the father in Central Valley, and the mother in Nevada. So that's a case that -- case one that was brought to my attention. The second one involves another family from Bend, Oregon, About the son's time with Newport Coast Recovery. I'll summarize that. The son had come out of a detoxification facility known as the Pat Moore Foundation in Costa Mesa after a 72 hour stay. The son was encouraged by the director at Newport Coast to come to Newport Coast Recovery. The father paid a $10,000 deposit in advance of the son's stay. The son left Newport Coast Recovery shortly thereafter, about five days, because he claimed there was no effective treatment there, and that he was basically unsupervised. The son's friends were able to check him in and PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00843 8 D 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 BEACH RECOVERY - 7/7/2009 out. The son left one evening, and the staff at Newport Coast didn't know he was gone until the next day. The father has had issues attempting to get his money back. The Newport Coast Web site pledges a certain level of care, involving, for instance, meals and quality home cooked meals. But basically, the son was given $55 a week Albertson's card with meals prepared on his own. The son and the father assert that when the son came back to get his papers that he had signed, he wasn't given all those papers back. Newport Coast Recovery, they also alleged, lost the son's passport and a car title, despite it being in the safe. The father in this case also walked in attempting to find the operator, Mr. Newman, and walked through the building through an open door with no controls over the facility. The father also spoke of researching Newport Coast further on the Internet, and noting that a number of things on the Web site exaggerates the qualities and qualifications. A case in point stating that Newport Coast has a different, higher, rating from the Better Business Bureau than Newport Coast actually has. Staff attempted to verify this and found up to four instances where they this may be true. Ism not going to summarize PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00844 Pi 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 those four. Those are in the staff report. These are also potential violations of the ADP license. Exaggerating the claims of your qualifications, if that's what's going on, is something that ADP is now investigating with Newport Coast Recovery. We don't have an investigation report back on that, nor do we have an investigation report back from ADP on the instance of the minor being held there. I need to make the record clear on. That we do, however, have a violation issued by the Department of Social Services for housing minors on -site without that license. So with that, that concludes the information I have as after - acquired evidence. MR. ALLEN: And this was all evidence that was submitted to the City Council at the time they considered their the appeal and then remanded it; correct? MR. KIFF: No, Mr. Allen. The evidence submitted to the -- the evidence considered by the City Council in their remand.involves the two minors only. The second family coming for the happened later. MR. ALLEN: Okay. Anything else from staff? MR. KIFF: No, sir. MR. ALLEN: Then the Applicant would have the opportunity to make a presentation on this issue? MR. BRANCART: Thank you very much. I name is PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00845 10 im ip aJ 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 BEACH RECOVERY - 7/7/2009 a Chris Brancart. I represent the Applicant in this case, Newport Coast Recovery. Let me begin with a general objection, if I may, to the Hearing Officer. The information that's been provided to you by City staff came in a multi - volume staff report comprising hundreds of pages. In anticipation of this report being both lengthy and also having a lot.of new information in it, Counsel for the . Applicant requested of City staff that they be provided with 10 days, 10 days before this hearing, in order to examine the material that's presented to you upon which you're asked to based your opinion, and we're asked to respond to. The response from the City is no, they would not give us 10 days to prepare for this hearing and, in addition, provided the report to my Counsel, who you've met before, Mr. Polin, at 5 o'clock his time on Wednesday, the day, of course, before the,4th of July holiday. I think it's important that you, as a Hearing officer, understand that not only are you being asked to make determinations based on what can be described only as rank hearsay, but you're also being asked to make determinations upon a voluminous staff report in a procedural posture that's substantially and highly PRECISE REPORTING SERVICE (800) 647 -9099 1►[y:is1�1:L��hRL�? 11 4 6 7 8 9 10 11 12 13 14 15 16 17 18 NEWPORT BEACH RECOVERY - 7/7/2009 prejudices the Applicant. Let me make a second set of observations and express concerns. You are being asked now, contrary to what City Council instructed, to reopen the record here and have new evidence presented before you. City Council was very specific in the remand here to the Hearing Officer that it was to deal with one allegation and one allegation only, and that was the housing of minors. That evidence comes to you as both solicited by the City and also through other means and is presented to us as late as 15 minutes ago. So we're not only being asked to respond to a report consisting of hundreds of pages without adequate time to prepare, in spite of, I think, a very reasonable request to have 10 days to prepare for this report, but we're being asked now to accept the City's position that they should be allowed to reopen the record, a record that was clearly set before the City Council and, contrary to City Council's instructions, now undertake additional inquiries about after- acquired evidence. But that's not my biggest problem of what's happening here. My biggest problem with what's happening here is the City has been on notice that Newport Coast Recovery cannot respond to these types of allegations that allege violations of licensure, because this process PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00847 11 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 prejudices the Applicant. Let me make a second set of observations and express concerns. You are being asked now, contrary to what City Council instructed, to reopen the record here and have new evidence presented before you. City Council was very specific in the remand here to the Hearing Officer that it was to deal with one allegation and one allegation only, and that was the housing of minors. That evidence comes to you as both solicited by the City and also through other means and is presented to us as late as 15 minutes ago. So we're not only being asked to respond to a report consisting of hundreds of pages without adequate time to prepare, in spite of, I think, a very reasonable request to have 10 days to prepare for this report, but we're being asked now to accept the City's position that they should be allowed to reopen the record, a record that was clearly set before the City Council and, contrary to City Council's instructions, now undertake additional inquiries about after- acquired evidence. But that's not my biggest problem of what's happening here. My biggest problem with what's happening here is the City has been on notice that Newport Coast Recovery cannot respond to these types of allegations that allege violations of licensure, because this process PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00847 11 3 4 5 6 7 D 8 ,01 it 12 13 14 15 16 17 18 M 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 does not adequately protect or safeguard the confidentiality and the integrity of the confidential issues concerning both these individuals receiving treatment. We cannot respond. And there is, one would say, a certain bullying quality to this, because the City has been told repeatedly we cannot respond to issues that concern treatment of individuals, because we do not have in place here in this process the types of safeguards which are inherent in any DSS and ADP hearing concerning licensure or the violations of licensure. We cannot respond to that, because to do so would violate not only our ethical obligations to these individuals but also to the regulatory restrictions. So we will not and cannot respond. But let me say there's something that's more fundamentally wrong with what's happening herewith the after- acquired evidence, sir. You are Hearing Officer asked to adjudicate and make findings in connection with a zoning decision. What you've been presented with is information based strictly on hearsay reports that has been hardily provided to us by the City that there have been, perhaps, some violations of licensure law. That is not a zoning issue. That is a licensure issue. 13 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00848 1 2 3 4 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 And that is what's fundamentally wrong about what's occurring here today is that this body, despite your knowledge of the Ordinance, despite good efforts by good people, this body is not qualified to protect both the safeguards of the individuals involved in protecting their confidentiality, nor is it competent to render the decisions to quote the Ordinance, whether or not, indeed, . there was a violation of law. Sir, there is only two entities that are qualified do that, and that is ADP and DSS, those agencies of the State of California. Mr. Kiff made reference to that, that we don't know what the outcome of those determinations are. We don't know what the outcome of those determinations are. And the City presented hearsay information that we cannot respond to because of inadequate confidentiality provisions. And this body, as a Hearing Officer sitting to adjudicate a zoning matter, is not in a position to render those determinations. There are only two people who are competent to do that, ADP and DSS. Nor is this an empty gesture. A moot point. Because as Mr. Kiff has told you, ADP and DSS is investigating these matters right now and can do it confidently, can do it with the expertise required, and PRECISE REPORTING SERVICE (800) 647 -9099 14 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 is the only two agencies that are charged to render this decision. The last point I would make is this. Let me make two more., There is a certain quality of retaliation that goes on, and the vigor with which the City has undertaken to solicit these complaints from individuals . that touch upon confidential information, that bear on licensing, that the City knows Newport Coast Recovery cannot and will not respond to consistent with its ethical and legal and licensing obligations. Most of these solicitations occur after Newport Coast Recovery challenges the City, whether it be through the HUD process or seeks a permit. There was one substantive piece of evidence that was presented by Mr. Kiff, and that is that there was a notice of violation that was issued by DSS. What Mr. Kiff did not tell you in connection with that Notice of Violation is that after it was issued, DSS conducted a top -to- bottom inspection of the operation at Newport Coast Recovery, and they cleared that violation. If you have questions. MR. ALLEN: Maybe let me just -- this was a -- I have not seen any of this information. Nobody's . made any -- there's nothing in writing alleging any of this. This is all brand new from you to me. And so, I PRECISE REPORTING SERVICE (800) 647 -9099 1►[y:i�1�l:L��hR�jC 15 I 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 K61 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 would like to just review it quickly. You say ADP and DSS are, in fact, investigating this now. Do you know that for a fact? MR. BRANCART: Mr. Kiff said that as well, is that if -- when there are allegations or complaints of any kind that come to a licensed -- about a licensed facility, they are referred to the Complaint Intake Unit. The Complaint Intake Unit then will assign an investigator. And after gathering information, there's an administrative procedure by which the administrative agencies, referring to their supervisors, sometimes legal Counsel, will then make a determination of whether or not there's warrant to be a hearing, at which time the proper confidentiality, the safeguards are in place. We're not here talking about minors, and what the circumstances dealing with person's treatment, or the nature of their treatment. And that's the process by which these types of determinations are made. So that's the administrative procedure, and my point is this. We -- strike that. This is not the forum that we can nor will we defend ourselves consistent with our ethical and licensure obligations. We can't do it. The City knows that, and the City been told that. And so they can come and say whatever 16 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00851 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 D 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 allegations, based upon hearsay statements, that the City wants to summarize to you as inflammatory as they are, and they know we cannot respond consistent with both the ethical and licensure obligations. The second thing that I find so problematic about this process is -- and the City Council discussed this in the presence of all the City staff that you see V here today. And the City Council asked time and again; "But is the Hearing Officer the right person to make this determination ?" referring to the two minors' issue. Twice it was asked by City Council. I think the mayor asked it and one of the City Council members asked it. 'The point being is that there's a recognition that -- there's the recognition that this is not the body that is either qualified -- without disparaging you -- competent, given the nature of the allegations, nor is the body that has the procedural safeguards in place that those types of determinations can be made. Nor is this a, "Okay. Well, then no one will ever know," right? I mean, ADP and DSS is in the process of following their ordinary administrative processes to make these types of determinations. That's one point. The second point I want to just emphasize again is, if you read the City Council record, it's clear that PRECISE REPORTING SERVICE - (800) 647 -9099 NCR UP /RA 00852 k-4FAI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Ali 17 18 19 20 041 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 we've been remanded here for a very specific purpose. There was an after- acquired evidence presentation to the City Council made by City staff at the time of the City Council vote. The vote of the City Council was to remand on a determination about that. What we now have here today is -- and received as recently as 15 minutes ago, is some additional material that's being presented. There was no motion or request that you reopen the record on this issue, nor is there any fair and adequate opportunity to respond to this. I mean, for example, issues are talked about the Web site. If there was a fair opportunity to respond, one would say, for example, when the Web site was up, it was accurate. It may not be accurate today. And there are other things that could be said. But, you know, how does one organize a response when you're given this material this way, and it's told explicitly by City Council, "This is not the issue that you're to take up here." Thank you. MR. ALLEN: Okay. Thank you. City response? MS. WOLCUTT: Thank you. Katherine Wolcutt, Deputy City Attorney. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00853 is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 K -3 19 20 21 22 P #7 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 I'm going to respond to some of what the Applicant's Counsel has said, and outside Counsel, Mr. Bobko, will respond to some of the other issues. The Applicant's Counsel has discussed the fact that we are presenting after - acquired information here, some of which was presented to the City Council, and some of which came up after the City Council remanded -- directed that this be remanded to you for a rehearing. The after - acquired evidence that came up after the remand order was given by the Council is relevant to the reasonable accommodation consideration. It's efficient to remand it all at the same time, given the lack of time considered. The Applicant has also stated that there was a retaliatory tone to this, that we had solicited these unsolicited complaints. Mr. Kiff received these calls unsolicited, entirely unsolicited, from members of the public who were looking for the proper person to make their complaint. And I believe that the mother of the minors found Mr. Kiff by doing a Web search and finding his name attached to a staff report, which was related to the Newport Coast Recovery. Mr. Kiff can say himself how the adult former resident of Newport Coast Recovery located him and how 19 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00854 FA 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 25 NEWPORT BEACH RECOVERY - 7/7/2009 they came to make contact. But it was not through some kind of retaliatory search for that information. Mr. Brancart agrees that one of the substantive pieces of the evidence that we have is that Social Services did an inspection and issued an NOV. The request for -- when you're considering whether or not all this information is hearsay, I made the request directly to the Social Services Inspector that I've dealt with in the past. I requested that he inspect Newport Coast Recovery and confirm whether or not the allegations that minors had been housed there was true. The Social Services Operator was named Michael Valentine. You've seen correspondence from him in the staff report. He confirmed that minor had been housed at Newport Coast Recovery. He confirmed that there was no Social Services license to house minors at that facility. And he also confirmed, after inspecting the facility, that no minors were there at that time. I believe that's what Mr. Brancart is referring to when he says that they have done a top -to- bottom inspection, and the facility has been cleared. I think the statement "the facility has been cleared" is a little misleading in this context. There may not have been minors there then, but there were minors there before. Social Services confirmed it. That is a violation of PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00855 411 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 they came to make contact. But it was not through some kind of retaliatory search for that information. Mr. Brancart agrees that one of the substantive pieces of the evidence that we have is that Social Services did an inspection and issued an NOV. The request for -- when you're considering whether or not all this information is hearsay, I made the request directly to the Social Services Inspector that I've dealt with in the past. I requested that he inspect Newport Coast Recovery and confirm whether or not the allegations that minors had been housed there was true. The Social Services Operator was named Michael Valentine. You've seen correspondence from him in the staff report. He confirmed that minor had been housed at Newport Coast Recovery. He confirmed that there was no Social Services license to house minors at that facility. And he also confirmed, after inspecting the facility, that no minors were there at that time. I believe that's what Mr. Brancart is referring to when he says that they have done a top -to- bottom inspection, and the facility has been cleared. I think the statement "the facility has been cleared" is a little misleading in this context. There may not have been minors there then, but there were minors there before. Social Services confirmed it. That is a violation of PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00855 411 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 kwA 18 19 20 21. 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 state law. Mr. Brancart has said that this is not a zoning matter. However, our Municipal Code section 20.91A.050.C4 states that it's a requirement as an operating standard for a Use Permit that no person that's affiliated with the operation of the facility has a past pattern or practice of running the facilities in violation of state or local law. It doesn't have to be a zoning issue. There is a reason that that requirement is in the Code, and that is so that we do not have situations such as this. It's to protect and prevent this sort of situation from occurring. Therefore, we feel that it is within the Hearing Officer's jurisdiction to hear what violations of state law the Applicant has performed in the past. Confidentiality issues. The facility does have a duty to protect the confidentiality -- the identity of individuals who are in recovery at their facility at the time. I don't believe that protecting an identity of the facility residents prevents the Applicant from defending` itself if it is able to do so from the allegations we've I made And I believe -- oh, was to the 10 -day request, there was no precedent for the Applicant requesting to PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00856 21 1 1 2 3 4 5 6 7 8 9 10 � 11 12 13 14 15 16 ..j 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009' receive the staff report 10 days in advance. we did make every effort to provide it far enough in advance to give them a reasonable amount of time. We recognize it is a lot of material to wade through and to absorb. However, the Applicant received it prior to 5 p.m. Eastern Standard Time. That would be 1:30 -- I believe it was 2 o'clock our time here. So it was around 5 o'clock Eastern Standard Time, and it was six days before the hearing. That is the almost the exact equivalent of the time that our Planning Commission, our City Council, all applicants who are other applicants for discretionary permits with the City, and all applicants for discretionary permits Counsel generally receive staff reports. It is City's established pattern and practice, and we stuck to it. That's all I have to add right now. Thank I you. MR. BOBKO: If I may, Kitt Bobko, outside Counsel for the City. I just want to add one thing to what Ms. WOLCUTT just said, and that's with regard to the confidentiality and Counsel's suggestion that it is completely impossible to defend against these allegations. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00857 22 t!j 1 2 3 4 5 6 7 8 9 10 11 12 13 14 01-1 pri 17 18 19 20 P41 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 There are two things with that. The first is in is that no one, the City -- as between the City and defendant -- or the Applicant, I'm sorry, the Applicant has the best knowledge of what happened. The City is dealing with knowledge that it's gained by these people coming forward and giving stories. But there's certainly no dearth of evidence or information on the Applicant's behalf. All of the alleged incidents occurred at the Applicant's facility. And if anyone knows the in's and out's when people came, when they left, what was alleged and what actually happened, it's the Applicant. So this idea that the Applicant is completely in the fog about what has occurred I think is a little bit misleading. Secondly, with regard to the confidentiality, certainly if the Applicant wishes to come forward with exculpatory statements and whatnot, it could submit those to the Hearing Officer under seal. It could redact names. There are a number of ways that we could protect anyone who needs to be protected. And, in fact, the City has gone to great length to do so in communicating with the Applicant. So this idea that they have been dragged up here kicking and screaming completely defenseless to these allegations I think is a bit of an overstatement. 23 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00858 5 6 7 3 8 9 10 11 12 13 14 15 16 17 18 19 20 F344 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 And certainly the Applicant has experienced enough to know that there are ways, if they wanted to, that they could rebut some of the allegations. With regard to your competence, your Honor, we are not asking you to pass judgment over any of these matters as a question of law. What we are asking you to do, is within the context of the City's Municipal Code, decide whether these allegations amount to a violation of law. We are -- the City has not, as, again, Counsel for the Applicant has suggested, done this out of a fit of retribution. Quite to the contrary. When Staff first recommended this Applicant or when staff first made its report for this Applicant, the application was recommended to be approved. And then it was only after this information came to Staff that it had to go back and suggest to the Council. And again, I'd like to make one minor correction as well. The Council didn't see this evidence. The Council was presented with a proffer of evidence, which I believe was about five or six bullet points. So the Council actually has not seen this evidence. You will be the first person to see this evidence. But we're not asking you to draw conclusions of PRECISE REPORTING SERVICE (800) 647 -9099 24 D 1 2 3 4 610 6 7 8 9 St] 11 12 13 14 15 16 17 I! 1; 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 law about that evidence. What we're asking you to do is,, within the bounds of Municipal Code, decide whether this is something that bears upon this Applicant's ability to use the land as it is -- as he's asking to use it. And from the weight of evidence and from the testimony I believe you're going to here in a few moments, I don't think there's any way that you can conclude that it doesn't bear upon that land use. But again, we can concede that this is not about questions of law with regard to licensure or " whether or not this person is fit to hold a license from the state. In fact, you are not competent to make that decision. The only thing we're asking you to decide is whether or not there is enough evidence, given the parameters of our Municipal Code, to decide whether this person can use the land as he is asking to use it. Thank you. MR. ALLEN: Mr. Bobko, what the finding that we were, as the City, was required to make was that no one manager shall have demonstrated a pattern of operating facilities in violation of the law. And it's being suggested that now we have a pattern of operating a facility in violation of the law. Doesn't that require that I make a finding PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00860 25 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 BEACH RECOVERY - 7/7/2009 that, in fact, there was a violation of the law by the way they operated this facility, vis -a -vis, these minors? MR. BOBKO: I think that ADP has probably already done that work for you. Go ahead, Mr. Kiff. MR. KIFF: Do you mean DSS, Mr. Bobko? MR. BOBKO: Ism sorry. Thank you. That's good staff. I think DSS has already done that for you. I think that the evidence, though, again, in order to give the Applicant his due process and to allow him to -- again, we heard the word "hearsay" come up. And of course, you know, that's a problem when you have administrative hearings of people who are scattered all about, but this is the opportunity to question that. And if you, in your wisdom, believe that the evidence does not amount or does not show that there has been a violation of law, in addition to what DSS has already decided, then certainly it's within your purview to find that there isn't a pattern and practice of violating the law. But this hearing, again, is about a land use. And the Applicant is here. All of the people who are going to speak and give testimony are here. And you will have an opportunity to hear that testimony first hand, as will you, and be able to rebut it at the end. So the PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00861 26 1 2 3 4 5 6 7 4V 8 9 10 li 12 13 14 15 16 17 18 19 OXII 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 idea that this is all hearsay and this is, again, smoke and mirrors and retribution I think is a bit of an overstatement. MR. ALLEN: I see. Are there people here that are going to testify further about this -- one or more of these matters? MR. KIFF: It's my understanding, yes, Mr. Allen. MR. ALLEN: Okay. Because the hearsay issue itself concerns me. Generally speaking, making a finding such as we're required to make or not make here solely on hearsay is generally not acceptable practice. And so, I would really like to hear about 'that. MR. BOBKO: Your Honor, unlike a court proceeding, in an administrative hearing, the rules of evidence do not apply. So although we are doing our level best to make sure that everyone is afforded their due process -- and again, to echo some of the things that Ms. WOLCUTT said, you know, the staff report was not shoveled out in the darkness in order to give it to opposing Counsel on;the weekend of the 4th of July. To the contrary, staff worked to their fingers to the bones to try to compile all of the evidence and get everything done and get it out as quickly as they could. And the July 7th date was not selected by the PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00862 27 11 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 NEWPORT BEACH RECOVERY - 7/7/2009 City. The City has been trying to have this hearing since May. The July 7th date was selected by opposing Counsel. So the idea that the City is, you know, doing anything that is going to curtail the ability of the Applicant to respond is, again, I think an overstatement. But getting back to your original question about the rules of evidence, they simply don't apply in an administrative hearing. And we have presented e- mails. If the Applicant, now that he has seen -- the Applicant has seen the names, has any specific information that they would like to include about those . e- mails, which were provided ahead of time, they may do that. They can question the facts included in those e- mails. They can even question anyone who gets up and speaks now. But a strict hearsay rule, in fact, does not apply today. MR. ALLEN: Thank you. MR. BOBKO: And I'm sure opposing Counsel will disagree. MR. BRANCART: May I be very, very brief? i MR. ALLEN: Yes, very brief. And then let me understand what we're planning to do from here with regard to this work. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00863 28 1 1 t: 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 18 19 �z 20 21 22 23 24 25 F NEWPORT BEACH RECOVERY - 7/7/2009 MR. BRANCART: I believe that after this, you're going to solicit comments from members of the public on this narrow issue of after - acquired evidence and then return to reasonable accommodation. MR. ALLEN: I understand, but are there people here set to testify with respect to violations that occurred with respect to these two separate instances that we have? MR. BRANCART: "I am unaware of them. MR. ALLEN: I'm not asking you, frankly. I'm asking Staff. MR. KIFF: Mr. Allen, Ms. Christina Willis is here, the parent of one of the minors, as is the minor. MR. BRANCART: Now the plot thickens. Do we take testimony in connection with a licensure matter dealing with confidentiality? Obviously, they are free to speak and say whatever they want in a public forum. Newport Coast Recovery's process and obligations remain the same. We cannot and will not respond. Obviously, there's safeguards where it could be. Can I turn back to what's at hand here, though? As I recall, the City, when we actually focus on what you're asked to do here, it's to make a finding whether or not there is a demonstration of a pattern, a pattern,' a pattern of a violation of the law. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00864 L14:1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 S5 16 17 18 19 D 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 The only thing that's been represented to you is, one, no finding of violation of the law. There could potentially be licensure violations by not obtaining a waiver prior to the housing the minor. Could be. ADP and DSS will let us know. Second, there was a Notice of Violation, which does not constitute a violation of law. It can constitute a violation of a certain regulatory provision within licensure and an allegation that that occurred, but then there is a follow -up inspection, and then a Notice of Violation is cured. Third point, we're looking here for you to make this finding of a pattern of violation. The only thing that you've received is Notice of Violation of a potential failure to comply with a regulatory requirement of pre- obtaining a waiver for a temporary housing of minors, which is not, quote, law as it's generally understood, about rather arises out of whatever narrow particular licensure requirements that has happened here. I'm going say this. I'm going to set aside -- I'm going to set aside my objection that we can't respond. I'm going to set aside for just a moment, for the sake of argument, that this is not the place where these determinations are made. And I'm going to suggest that, as it's been PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00865 30 1 2 3 4 5 6 7 8 9 10 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 presented to you as a Hearing Officer to determine, have you had -- can you make a finding that there is a demonstrated pattern, pattern of violating the law based upon the hearsay statements that you've been presented? And I'm going to suggest to you no, that there is not. Now, at the end of the day, when the competent officials make these determinations, and they can handle the issues dealing with hearsay and presentation of documents, and experts can look at these things who knows these licensure and waiver requirements, what have you, then we will know. But at this point, we are not ,there and this is not the forum here to go ahead and make those determinations. Last thing I want to say about -- last thing 'I want to say about this -- and I don't think this should be lost on us, because I think it goes to the apparent unfairness that runs throughout this process, and that is, this is not what we're here for: I go back and urge you, as a Hearing Officer, to take a look at the remand order from the "City Council, and it's quite narrowly drawn, and it's not what we're doing here right now. MR. ALLEN: How does the Staff respond to that last point? The City Council said to remand the matter back to the Hearing Officer to only consider the newly acquired evidence. Is that the newly acquired evidence PRECISE REPORTING SERVICE (800) 647 -9099 1►[y:i�1�l:L��hRhi? 31 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 presented to you as a Hearing Officer to determine, have you had -- can you make a finding that there is a demonstrated pattern, pattern of violating the law based upon the hearsay statements that you've been presented? And I'm going to suggest to you no, that there is not. Now, at the end of the day, when the competent officials make these determinations, and they can handle the issues dealing with hearsay and presentation of documents, and experts can look at these things who knows these licensure and waiver requirements, what have you, then we will know. But at this point, we are not ,there and this is not the forum here to go ahead and make those determinations. Last thing I want to say about -- last thing 'I want to say about this -- and I don't think this should be lost on us, because I think it goes to the apparent unfairness that runs throughout this process, and that is, this is not what we're here for: I go back and urge you, as a Hearing Officer, to take a look at the remand order from the "City Council, and it's quite narrowly drawn, and it's not what we're doing here right now. MR. ALLEN: How does the Staff respond to that last point? The City Council said to remand the matter back to the Hearing Officer to only consider the newly acquired evidence. Is that the newly acquired evidence PRECISE REPORTING SERVICE (800) 647 -9099 1►[y:i�1�l:L��hRhi? 31 N 4 5 6 7 8 9 10 11 Fla 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 that was presented to them, or is that other evidence that you've obtained since? MR. BOBKO: Your Honor, we submit that Council didn't know what the evidence was. So when they said "newly acquired evidence," that's exactly what we told them, that there had been people that had come forward. But again, we didn't present them this evidence. we presented them with a proffer of evidence. And they looked at it, and they said, "Yeah, that sounds like something that you should consider as the Hearing Officer." So I disagree with Mr. Brancart in that the Council had this -- such clarity in what they were asking you to review. what they told them was, in order to prevent them from being bias or tainted when this comes back up to them on Appeal, as I'm sure it will if we get that far, was not to tell them precisely what it was that we had discovered, but to only give them, again, a proffer of what we had learned, and suggested to them that it was important, and that you should consider it. So to suggest that they knew precisely the boundaries of the evidence that we collected and that they meant to curtail that, I think, again, is a bit of an overstatement. MR. ALLEN: All right. Thank you. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00867 32 0 4 5 6 7 1.1 9 10 11 12 13 14 Oil 16 17 18 19 20 21 22 23 24 r &y NEWPORT BEACH RECOVERY - 7/7/2009 Anything further that we intend to present or review on this? MR. KIFF: No, sir, not beyond the public testimony. MR. ALLEN: Pardon? MR. KIFF: No. MR. ALLEN: I'm not in a position to render a decision on this today. There's been a lot of issues that have been presented that I did not know about, that I just am hearing today for the very first time. And so, it's appropriate to do a complete and final job to make a presentation back to the City Council and not make a decision based upon what I've been presented with here today, because I think there are some significant issues that need to be considered. Can we select a date fairly shortly but, nevertheless, to give sufficient time to the Applicants, so that they don't have concern over their lack of information within the 10 -day period and get back before us and make a more complete presentation on this? MR. BOBKO: We appreciate there's a lot of issues here. One concern that the City has is that the continuance would prejudice -- is that there are people who have come today, as this has been a noticed hearing for quite a while, and are willing to give testimony. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00868 33 1 2 3 4 5 6 7 D 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 We think that it would prejudice the City by not allowing those people to speak today. Because then, of course, my learned opponent will say that, "why, that's all hearsay. Those people have just sent.us e- mails, and we had no chance to respond." So I think that it would be fairest for all involved if those persons, if they wish, be allowed to come speak. And then the Applicant will have first -hand knowledge of what testimony was given. There will be no hearsay objection later on. And you will have the benefit of actually hearing these people and being able to question them today, something that might not happen if we continue this to another date. MR. ALLEN: I completely agree with that. I didn't want to curtail the public hearing aspect of it. I just wanted to indicate that I wasn't ready to make a decision based upon what we're hearing right now. But I agree with you. We should open it up and let these people testify. MR. BOBKO: Okay. Very good. MR. ALLEN: Does anyone else have anything else to say before we open the public hearing? Okay. The public hearing is open. And as Mr. Kiff indicated a few minutes ago, each person has three minutes to speak. And so be sure to identify PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00869 34 u� 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 BEACH RECOVERY - 7/7/2009 yourself, spell your last name for the record, when you come to the podium. MS. WILLIS: My name is Christina Willis, W- i- 1- 1 -i -s, and I'm the parent of -- one of the parents of the children that were put into the facility. Unaware of the fact that they were not suppose to take minors at the time, I was in a very bad position. Wanted help for my son. And Mr. Newman spoke to me at least five times just on the drive down to get me down there. Since we took my son out after everything bad that had gone and happened during the time that they were there, I had actually checked in two children, one of which was not mine, with his parents' consent, anyway. This is the letter from Barbara Alms which shows that it is being investigated through ADP. This is the Web site, which has been falsely -- I mean, it's not what they say at all. And my son can testify to that as well. He lived it. I think Mike Newman, quite frankly, the Newport Coast Recovery is they are crooks. They have taken money from several of those parents. On my account is $35,000. They refuse to pay the $10,000 back, which I have here letters from my attorney. I've tried everything, every avenue. That's why I'm here today. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00870 ®1 35 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 BEACH RECOVERY - 7/7/2009 I don't think he should be allowed to be in business and take people's money when their children are hurting and they are not giving them any help. He went home and since got a felony charge for drugs, which I can show you as well, because they don't help you. And I don't believe they belong in business. I've tried every avenue that I can, from attorneys to whatever. They won't respond. They don't answer calls. So the other parent that's dealing with the same thing, same response. Nothing. He'll even called Mr. Newman in the middle of the night. "Why were you calling me? Why are you holding my money hostage ?" We've had to deal with this, and we have families. As you can see, I'm getting ready to have baby number four or five -- number five, sorry. So you lose count after a while. No. My son went from a straight A student. He was a great kid. He had a downfall in his life. I went to them for help. Did not receive that help. Took the other child hoping -- because they are partners in crime, they are best friends, they do everything together, hoping that the two of them would come back sober together and move on with their lives. That child has since had to go to another program. I can't afford to send my child to another PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00871 IDI 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NEWPORT BEACH RECOVERY - 7/7/2009 program. They have taken my money and they've run. Plain and simple. Nobody returns calls. Nobody cares whether or not -- but they have got my money. And I'm not the only parent. There's two others that I know of one of, which is a good friend of mine, which is the other child's parent, who also -- is waiting for $10,000. He was sent two separate checks, which I'm assuming Mr. Newman knows how to go around the law, two separate checks for $5,000. Neither of them are any good. He goes to the bank every day trying to cash those checks. Nothing. So I feel personally duped. My son has suffered because of it. His friend has suffered because of it. And it's an ongoing battle for us, because I could never get the help that was needed for him. You know, my family had to take time off, had to drag my other children, find them sitters, all that stuff to be here every weekend. On the weekend I came up, there was supposed to be a family meeting. Family meeting never happened. So everything I was promised and within their brochure online -- I mean, that's the best way that I could do it. It sounded amazing to me, which would make you want to go and take your child and think, "Wow, this is it. This is our answer." Mr. Newman called me five PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00872 37 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 program. They have taken my money and they've run. Plain and simple. Nobody returns calls. Nobody cares whether or not -- but they have got my money. And I'm not the only parent. There's two others that I know of one of, which is a good friend of mine, which is the other child's parent, who also -- is waiting for $10,000. He was sent two separate checks, which I'm assuming Mr. Newman knows how to go around the law, two separate checks for $5,000. Neither of them are any good. He goes to the bank every day trying to cash those checks. Nothing. So I feel personally duped. My son has suffered because of it. His friend has suffered because of it. And it's an ongoing battle for us, because I could never get the help that was needed for him. You know, my family had to take time off, had to drag my other children, find them sitters, all that stuff to be here every weekend. On the weekend I came up, there was supposed to be a family meeting. Family meeting never happened. So everything I was promised and within their brochure online -- I mean, that's the best way that I could do it. It sounded amazing to me, which would make you want to go and take your child and think, "Wow, this is it. This is our answer." Mr. Newman called me five PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00872 37 u, 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 BEACH RECOVERY - 7/7/2009 times, and I have phone records to prove it, on the drive down. Just on the drive down, in the short time, trying to make sure that we're going to get there. We got there. Everything - it was late at night. They sat with us. They assured us for, I would say, a good 2 1/2 hours. They saw the reluctance on my face, because it looked like a shady, scuzzy place. The people looked like convicts that work there. Not all of them. There's two very, -- three very nice people in there. I later heard a lot of things through my son and through his friend, things that shouldn't have been going on there. My son was getting in cars with people. Didn't know anything about it. No one ever told me. He was supposed to be the facility 24/7 as far as I knew. Getting in the car, going and driving. And they don't even drug test them when they come back. They could have been doing anything they wanted. That is not the way it was supposed to be. That was not what we were told. That was not what we were promised. It's not hearsay. He's right here. He'll answer any question you have. We just don't want to see other people going through what we have been through. At the worse time in their life when they're down and out, and their children PRECISE REPORTING SERVICE (800) 647 -9099 ►[y:i�1�l:L��hR�i�? 38 �1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 <<r 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 are suffering, I don't want to see someone else have to go through this, ever. It's not fair, and it's not fair that they took my money and they ran and they gave me nothing in return. Nothing. It was lost money. It was my life's savings, and they know it. They knew that. And they were okay taking it. And I was okay with giving it as long as my kid got the help. I later find out he was not even supposed to be there. The other child was diabetic, I. tried making sure for the life I of me that that child was going to get his shots. They assured us, "Everything was going to be okay." The reason I ran into Mr. Kiff online was looking up incidents with Newport to try to find out, am I the only one this is happening to? That's when I read that there were other people that had diabetes that had not gotten their shots, or whatever needed to be done, and suffered. The ambulance had been called two or three times because of that. Their neglectful. It's plain and simple as that. MR. ALLEN: Do they still have your $10,000? MS. WILLIS: Yes, they do. And nobody -- nobody will contact me now, but, boy, they sure wanted to get me down there. I mean, when I pulled up -- to be honest with you, it was Mike Newman waiting PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00874 39 NEWPORT BEACH RECOVERY - 7/7/2009 outside for me, even. "How are you ?" He was the sweetest guy in the world. I thought this is amazing. Didn't last. Apparently, he never even visits the facility once a month, and that's for donuts when the parents come to visit. MR. ALLEN: Okay. Thanks. Where are we with time here? MS. OBORNY: It was about five or six I minutes. MR. ALLEN: Okay. MS. WILLIS: Can we get Chris' mother on the phone? MR. KIFF: We could, yes. MS. WILLIS: I think that that's very important. And you're welcome to take those. MR. KIFF: Okay. MS. WILLIS: I do need them back, though. MR. KIFF: Okay. MR. ALLEN: Thank you. Anyone else wish to speak? MS. OBERMAN: Good afternoon, your Honor, and Counsel and staff. Denys Oberman speaking on behalf of the group of residents located in the Central Balboa Peninsula. We've listened to this and the allegations with 40 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00875 1 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 -' 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 outside for me, even. "How are you ?" He was the sweetest guy in the world. I thought this is amazing. Didn't last. Apparently, he never even visits the facility once a month, and that's for donuts when the parents come to visit. MR. ALLEN: Okay. Thanks. Where are we with time here? MS. OBORNY: It was about five or six I minutes. MR. ALLEN: Okay. MS. WILLIS: Can we get Chris' mother on the phone? MR. KIFF: We could, yes. MS. WILLIS: I think that that's very important. And you're welcome to take those. MR. KIFF: Okay. MS. WILLIS: I do need them back, though. MR. KIFF: Okay. MR. ALLEN: Thank you. Anyone else wish to speak? MS. OBERMAN: Good afternoon, your Honor, and Counsel and staff. Denys Oberman speaking on behalf of the group of residents located in the Central Balboa Peninsula. We've listened to this and the allegations with 40 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00875 ;7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MCI 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 regard to the hearsay illegal operation, et cetera. There is definitely a pattern of illegal operations in a variety of respects. There was an illegal operation in the form of an illegal facility that operated for several years across the Street at 1219 West Balboa and was reported by the citizens. The City is aware of it. And actually, in one of these prior. Use Permit hearings, the operator actually admitted that he had run this type of facility, and that he had, quote, ended up closing it down. So that is one element of operation that was illegal. Secondly, there have been a number of other code violations that impact health and safely. There have been fire code violations. .There have been fires; and the City 'staff can certainly speak to all these issues. There are a number of other -- so the bottom line of it is, these are not isolated incidents or series of incidents. They are representative of violations that have occurred over the past five or more years on the part of this operator. There are many families, both within this community and families who had young adults and maybe children that were in the program, that are afraid to come forward. There they afraid for a number of reasons. We've previously expressed fear for retaliation. That's 41 PRECISE REPORTING SERVICE (800) 647 -9099 10[a]MI:11 :L��hR�L? k 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 BEACH RECOVERY - 7/7/2009 been pooh - poohed. There has been -- there have been continued confrontations on the part of the operator, his management, and the residents in the facility whenever complaints have been submitted. So that fear is real. There are incidents -- why is it when we talk about fairness and equity, that when residents come forward or others, parents of patients or clients that make testimony, that that testimony is characterized as hearsay, when that testimony is based on direct experience and direct observation? If this degree of evidence is insufficient to demonstrate a pattern, there are a number of other people that will come forward within this community and parents sending young adults here from outside the community who will testify if they are afforded the same types of_ protections that this business operator that is operating illegally is, at least a similar level of protection. And lastly, I want to say that it's my understanding that this City does have a duty to uphold state law. Is that correct or incorrect? I'd like to inquire. We've reviewed the state law. We reviewed it with a far variety of lawyers for the City, for various residents, and residents groups, et cetera. The City does have a duty to uphold the state law, and also the City has a duty -- it has a duty to PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00877 CFOa 1 2 3 4 5 6 7 8 G, 10 it 12 13 14 0U 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 protect the health and safety of the residents. And that is within the purview of this hearing protocol and we believe within your purview. And that we hope and recommend that you act, and we'd like to see you act today so there's no undue continued burden on the City and its residents, and act to abate this use and also deny the request for reasonable accommodation. Thank you. MR. MATHENA: Good afternoon. Larry Mathena. Just a couple points, hopefully, that will be helpful. As someone in the public who's attended most of these hearings, I just want to go on record -- and I would be happy to testify as a member of the public somewhat knowledgeable -- that from my perspective, in no know way, shape or form has the City or the City staff done anything in a retaliatory manner or in a manner designed to undermine the position of group home operators. In fact, if anything, I could probably, with a little preparation, testify for an extremely long period of time about how the City, in fact, has tied itself into a knot to do exactly the opposite. So any claim of retaliation on behalf of the City, I believe, is utterly fallacious. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00878 43 4 5 6 7 -y 6 9 10 11 12 } 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 Number two, you know, I do accept that there's a need to find a potential additional grounds for denial. And let's back up and keep in mind you, in your wisdom, did deny this operator a Use Permit way back when. And the only issue before us is, in light of additional evidence, whether or not, frankly, there's additional grounds to deny that operator its Use Permit. One of the grounds is, evidently, patterns of law violations. Two different points. The law as quoted does not make a difference between regulatory or administrative law versus some grander law. You clearly have in front of you sufficient evidence to indicate a violation of that, whether or not the state and the regulatory authorities involved in enforcing that law deem it meaningful enough to apply penalties or sanctions against this particular operator. Finally, I would observe that in terms of both this particular caseload and everything else and the many times I've been involved in the City's activities associated with group homes, that no way, shape or form has the City violated its normal operating processes in any shape or manner. In some ways, I could object to that personally, but I will choose not to. MR. ALLEN: Does anyone have any more testimony bearing directly on the point of what the City Council PRECISE REPORTING SERVICE (800) 647 -9099 ►[y:i�l�l:L��hR�E': 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 3 20 Y11 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 remanded for the Hearing Officer to hear? MR. BRANCART: Yes, sir. I believe that the Applicant speaks again before you close. MR. ALLEN: Yes, you can speak again after we conclude the public hearing. Anyone else need to speak? Okay. Thank you. Then we'll close the public hearing, and Mr. Kiff, we just completed the public hearing. And our normal course from here is to allow rebuttal by both the Applicant and the City; correct? MR. KIFF: Well, Mr. Allen, with all due respect, I'd make a request to reopen the public hearing and allow the other parent to speak. She is not with us today. She did offer to call in. I typically would have put her on the speaker phone here, but Mr. Polin is using our speaker phone, respectfully. So this is -- that's why I ran out was to get her contact information. I just spoke with her. She's prepared to speak. MR. ALLEN: So how would we do that then? Handle that one and have Mr. Polin to go on hold? MR. KIFF: No. I'm going to put her on my cell phone, if you're willing to. MR. ALLEN: That's fine, as long as we can hear her for the record. MR. KIFF: Hello? Ms. Golden, this is Dave PRECISE REPORTING SERVICE (800) 647 -9099 ;_ WI M, 45 1 1 2 3 4 5 6 7 8 9 10 Di 11 12 13 14 15 16 17 20 21 22 23 24 25 NEWPORT BEACH RECOVERY 7/7/2009 Kiff. I have you on speaker phone in our hearing room before Mr. Thomas Allen, who is our Hearing Officer. We're now in the public comment period of the discussion about Newport Coast Recovery. I'm not going to ask you any questions. You're invited now, though, to make any comments you believe the Hearing Officer should hear. MS. GOLDEN: Okay. Thank you so much for giving me an opportunity to. MR. ALLEN: I appreciate it. MR. KIFF: I'm sorry. You'll want to identify yourself for the record first. MS. GOLDEN: Oh, sure. Judy Lynn Golden, Christopher Van Dan's (phonetic) mother; MR. KIFF: Go ahead, then, please. MS. GOLDEN: First of all, I would like to say that I think it's just unbelievable that Tina and my husband have not been reimbursed all of the money that they paid for a fraudulent contract. They did -- I will say that he did put, yesterday -- asked him to put $1500 into an account for my husband. And this was after, I would say, probably at least 200 phone calls. I think that the way they -- I'm sure you've already heard, and everybody's said what they had to pay, but I had to pay $5,000 (unintelligible). When he took off and left at about 12 o'clock PRECISE REPORTING SERVICE (800) 647 -9099 ;_ ,� 46 1 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 BEACH RECOVERY - 7/7/2009 on the 29th, no one ever even contacted my ex- husband. No one had contacted my ex- husband or let him know our child was missing, that he got back at about 9:30, 10 o'clock the next morning. And one of the workers there had actually contacted my daughter and told her. And when I called, my roommate -- when I called, it was Judd Wheatfield (phonetic). And my roommate calls me back. And this was a long time ago. She's no longer with me. He called me back and said, "The reason why i missed your call is because I was on the phone on the other line with your ex- husband. If you want to know about your son, call him," and he then hung up on me. Keep in mind, okay, he's into drugs, no form of ID, takes shots of insulin every day. And I felt like we got no idea where our child was. When we finally got -- we had weekends, not even actual weekdays, and had no idea we could reach him. And when both my husband and I contacted them, "We put him on four -month no visitation." They also said, "Quit calling here." That's when I got in contact with Kathy Wolcutt, and everybody was really starting to -- we -- we had no idea for 2 1/2 days where our son was. Then we only found out that he was at Reckers (phonetic), which was another place that he is not PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00882 47 1 2 3 4 6 7 g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 allowed to have trips. And when I got over 'there, when I go back down there to pick up my son, it was like walking into a terrible prison movie. When I got there, I got there and (unintelligible) after I got my son's things -- Al Pacino. He had clothes with him, colognes with him. He had all sorts of things that they didn't pack. And then they take him back, so I find my kid in Costa Mesa. And when I got there, it was the most scary situation that I ever walked into. And that's what (unintelligible.) And so I guess I think it was a very scary situation. They took advantage of everyone concerned, especially these two kids. I mean, they really did number on the financial. I pray to God that he got himself help and got (unintellible), because to take that kind of money -- $45,000. And they say on their Web site where, "Oh, weekend special $15,000." And when we were in - there, some people were in there for $12,000, $15,000, (unintelligible). They said to us for forty -five. It was just a travesty. And the people that we had explained their prision -- prison sentences too, I mean, it was just -- it was not a good situation. I would just -- we put my son into better rehab called -- PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00883 48 I NEWPORT BEACH RECOVERY - 7/7/2009 MR. ALLEN: Okay. MS. GOLDEN: -- in Northern California to get' him help. MR. KIFF: Jody, our time limit is up. I'm going to -- MS. GOLDEN: I appreciate it. MR. KIFF: Hold on one moment, please. MR. ALLEN: Can you hear me? Would you please ask her how old her son was when he entered the facility? MR. KIFF: Jody, will you tell the Hearing Officer how old your son was when he entered the facility? MS. GOLDEN. Yes, he was 17 years old. MR. ALLEN: Thank you. MS. GOLDEN: And he was told, "If anyone asks, tell them you're 18.11 MR. KIFF: Okay. Any other questions of her? MR. ALLEN: No more questions for me. MR. KIFF: That would conclude our testimony. MS GOLDEN: Okay. Thank you very much, Mr. Kiff. I appreciate it. MR. KIFF: Hold on here. MR. BRANCART: So that it's stated on the record, and I want to be plain, Newport Coast Recovery PRECISE REPORTING SERVICE (800) 647 -9099 1►[y:i�1�l:L��hRhi! 49 1 %. 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 MR. ALLEN: Okay. MS. GOLDEN: -- in Northern California to get' him help. MR. KIFF: Jody, our time limit is up. I'm going to -- MS. GOLDEN: I appreciate it. MR. KIFF: Hold on one moment, please. MR. ALLEN: Can you hear me? Would you please ask her how old her son was when he entered the facility? MR. KIFF: Jody, will you tell the Hearing Officer how old your son was when he entered the facility? MS. GOLDEN. Yes, he was 17 years old. MR. ALLEN: Thank you. MS. GOLDEN: And he was told, "If anyone asks, tell them you're 18.11 MR. KIFF: Okay. Any other questions of her? MR. ALLEN: No more questions for me. MR. KIFF: That would conclude our testimony. MS GOLDEN: Okay. Thank you very much, Mr. Kiff. I appreciate it. MR. KIFF: Hold on here. MR. BRANCART: So that it's stated on the record, and I want to be plain, Newport Coast Recovery PRECISE REPORTING SERVICE (800) 647 -9099 1►[y:i�1�l:L��hRhi! 49 l 1 2 3 4 5 6 7 nr 8 0) 9 10 11 12 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 will not violate its ethical obligations or confidentiality provisions to cross - examine an individual or their parents regarding any treatment they have. I want to add a rebuttal comment, and I want on that plain and on the record. That's not the way it's done. MR. ALLEN: Let's see. We've closed the public hearing now. Although we reopened it temporarily for the purposes that important to call. Which parents were and child were the ones that the evidence was present at the time the City Council made its order to remand? MR. KIFF; Mr. Allen, both parents spoke. Both parents provided the information at roughly the same time. This involved two minors so you heard from. MR. ALLEN: These two? MR. KIFF: That's correct. You heard from the second minor here on the phone with Ms. Jody Golden, and the first minor with Ms. Willis. MR. ALLEN: Okay. All right. Let's see. I've forgotten our practice, whether we have the Applicant speak first in response to public hearing comments or whether we have the City. Whichever, please, go forward. MR. KIFF: It's the Applicant. MR. BRANCART: The finding you're asked to make is that there has been a demonstration or pattern of PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00885 6141 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 will not violate its ethical obligations or confidentiality provisions to cross - examine an individual or their parents regarding any treatment they have. I want to add a rebuttal comment, and I want on that plain and on the record. That's not the way it's done. MR. ALLEN: Let's see. We've closed the public hearing now. Although we reopened it temporarily for the purposes that important to call. Which parents were and child were the ones that the evidence was present at the time the City Council made its order to remand? MR. KIFF; Mr. Allen, both parents spoke. Both parents provided the information at roughly the same time. This involved two minors so you heard from. MR. ALLEN: These two? MR. KIFF: That's correct. You heard from the second minor here on the phone with Ms. Jody Golden, and the first minor with Ms. Willis. MR. ALLEN: Okay. All right. Let's see. I've forgotten our practice, whether we have the Applicant speak first in response to public hearing comments or whether we have the City. Whichever, please, go forward. MR. KIFF: It's the Applicant. MR. BRANCART: The finding you're asked to make is that there has been a demonstration or pattern of PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00885 6141 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 BEACH RECOVERY - 7/7/2009 violation of the law. In connection with that, I believe it's incumbent on the Hearing Officer to make the following subsidiary findings. One, that this has been a fair process by which you have received a fair -- fair presentation of the evidence; in other words, that you determine that there are no confidentiality or ethical obligations that would in any way preclude someone in Newport Coast Recovery from responding to this information and all of this information. And that is a determination that will have to be made, obviously, in light of not only municipal codes that apply here, as well as zoning codes -- I'm sorry, as well the licensing codes, and other confidentiality provisions. Second, that it has been demonstrated here by the City that there was a violation. What we've heard is, of course, information that's been provided. But none of it necessarily rises to a violation of law. That's the second -- that is the second subsidiary finding you, as a Hearing Officer, have to make. "As a Hearing Officer, I hereby determine that these state provisions were violated. I determined that adequate evidence existed for the violation of these, and that I'm competent to render these decisions and hear the PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00886 51 u? 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 BEACH RECOVERY - 7/7/2009 evidence that supports it, and this was a fair presentation of the evidence, despite the fact that the Applicant could not comment on what the evidence was presented." As part of that, I would add this. We've heard two things -- without breaching confidentiality, but I do believe I heard two people that expressed a concern that they had not received monies back from them. It is -- if that is true, and the very best light of the -- presented . to the individuals, we may have a breach of contract. And that may be something that's occurring in dozens, perhaps hundreds, of businesses here in the City of Newport Beach within this week. But a breach of contract, if, indeed, that is what occurred here, and Newport Coast Recovery vehemently disputes it, is not a violation of law. I'm going to end on this note. Thank you. MR. ALLEN: City's response? MR. KIFF: Mr. Allen, respectfully, it's Staff assertion obviously we have Counsel here for Staff, as well as for the operator. We brought these two cases towards you in good faith, as they were brought to us by both parents. We also brought forth to you in attachment one of your staff report that says -- that includes the document on PRECISE REPORTING SERVICE (800) 647 -9099 7 WE -1 11 52 4 D 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 BEACH RECOVERY - 7/7/2009 Department of Social Services letterhead that says, "Subject: Notice of operation in violation of law." It's a pretty clear document that's in front of you. I very much respect your thought that this could -- it would be arguably fair to allow the Applicant additional time to respond to that, but -- and we're amenable to your wishes there. But it's clear to us, as Staff, that the document in front of you is -- makes us unable to make the finding whereby this operator to, quote section 20.91A.050, that "the property shall be operated in compliance with applicable state and local law." This is an example where the property is not in operated in compliance with applicable law and state law specifically. I think that's concludes Staff -- Mr. Bobko has a remark. MR. BOBKO: I want to get back to the due process issue for just a moment. MR. ALLEN: Due process? MR. BOBKO: Yes. MR. ALLEN: Okay. MR. BOBKO: Your Honor, again, my opponent says that this is not a fair presentation, and that they will not answer the evidence. And frankly, were I in his shoes, I would make the same claim. I don't know how you PRECISE REPORTING SERVICE (800) 647 -9099 53 1 3 4 6 FA ' 8 vi 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 could possibly respond to that evidence. I, again, reiterate that if they wanted to present evidence to you under seal, redacted from all of the names, that would be perfectly acceptable to the City. And we think that that would ameliorate any questions about confidentiality that prevent them from exerting any type of defense here. We've done that in the past. It is not uncommon to do in situations, for example, in cases where, for example, police officer files are turned over from the City. That information is confidential by the Penal Code, and those files are always turned over under seal. We would -- if that's the question, the City would be happy to stipulate to that procedure, so that you had the ability to look at any of evidence that they would like to put on. But again, this suggestion that there is simply no defense to this evidence, and not only is there no defense to this evidence, but they are legally prohibited from defending ourselves against that evidence, is, I think, an overstatement. MR. ALLEN: All right. Here's what I think, and I'm going to do this as quickly as possible. Number one, Mr. Mathena said what we all are recognizing all the way along here, that whatever we do PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00889 54 I 3 4 5 6 7 8 9 10 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 today does not have any effect on the Resolution previously adopted making the findings, among other things, that there's an overconcentration, and that this use was denied for that reason. So this use is still denied, and the City Council did not seek further input with respect to that. They simply remanded the additional evidence concern to the Hearing Officer to make a finding there. The City Staff has come up with a notion that possibly this constitutes the basis for demonstrating a pattern of violation of the law. I don't think that one or two instances constitutes a pattern of violation of the law. But it is clear to me, without having to conduct any further hearings, that at least two 17- year -old individuals were admitted into this facility, and that they were present their for awhile, and they entered into what -- or their parents entered into contracts to have Newport Coast provide services for them. And that's pretty simple and straight forward. 2 did not hear even denial of that from the Applicant. So I don't need to go forward in my mind and conduct a full -blown evidentiary hearings to determine whether technical violations occurred with respect to the nature of the treatment that was given. The fact is, 55 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00890 11 12 13 14 15 16 W 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 today does not have any effect on the Resolution previously adopted making the findings, among other things, that there's an overconcentration, and that this use was denied for that reason. So this use is still denied, and the City Council did not seek further input with respect to that. They simply remanded the additional evidence concern to the Hearing Officer to make a finding there. The City Staff has come up with a notion that possibly this constitutes the basis for demonstrating a pattern of violation of the law. I don't think that one or two instances constitutes a pattern of violation of the law. But it is clear to me, without having to conduct any further hearings, that at least two 17- year -old individuals were admitted into this facility, and that they were present their for awhile, and they entered into what -- or their parents entered into contracts to have Newport Coast provide services for them. And that's pretty simple and straight forward. 2 did not hear even denial of that from the Applicant. So I don't need to go forward in my mind and conduct a full -blown evidentiary hearings to determine whether technical violations occurred with respect to the nature of the treatment that was given. The fact is, 55 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00890 zJ 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 i 17 18 19 `44; 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 there were two 17- year -olds admitted into the facilities, and they were weren't licensed. And so I'm going ask the City Staff to prepare a Resolution that would be a Resolution supplemental to the 2002 -09, I believe it is, or -- I'm sorry, no. 2009 -002 Resolution. It would be supplemental to that, not the same Resolution, because the City Council remanded this for a determination to them as to this newly acquired evidence. And so while I don't believe a pattern or practice of violating the law just based on what the City Council remanded back, which I think is a separate issue, I can't go back and make a determination here now that, for instance, they're using the garage in violation of law, and a lot of other things that have been contended here, because that's not what the City Council sent back. The City Council sent back this one issue of whether this newly acquired evidence should be considered by the Hearing Officer, and that's what I'm going to do by this Resolution. And I believe I'll have to work with Staff to construct it. But .there's no need to further continue this. I will draft that Resolution in connection with staff, and we'll end that at this point. Any comments or needs to make further -- MR. BRANCART: Yes. Obviously, so that the PRECISE REPORTING SERVICE (800) 647 -9099 1►[y:i�1�l:L��hRkZ 56 1 E 1 2 3 4 5 6 ►1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 EV 25 NEWPORT BEACH RECOVERY - 7/7/2009 record is clear, all the objections stand. We object to the finding. This is not the competent forum. Please to do not, by my lack of advocacy on this issue, say that we're conceding any of these points. What I've said before, and I'll say it again,, is that this is a matter that's going to be fully adjudicated by ADP and DSS. It's not going to be adjudicated here. But you've rendered your finding and -- based upon the information that you have before you, and you've made a determination that you believe you're in a position to make that finding on the record that's been presented, that that is what has occurred. But please do not accept our presentation as being acceptance of the finding or not presenting a denial, okay? MR. ALLEN: I won't do that, but on the other hand, I think you had a duty to at least make some presentation here. And if you're legally prevented from doing that, I find it that surprising, that you could not at least deny that these, in fact, occurred. MR. BRANCART: Right. And I appreciate that, and that's the determination you've made as the Hearing Officer, that you believe, based upon the expertise that you bring here, is that that would have been something PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00892 57 D Is 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 BEACH RECOVERY - 7/7/2009 that the Applicant could and should do. Regarding the application of licensure, we respectfully disagree, but that is a subsidiary finding. And I would like that reflected in your findings, please. MR. ALLEN: Okay. MR. BRANCART: would you do that? Thank you. MR. BOBKO: I'll take five minutes. MR. ALLEN: Mr. Bobko? MR. BOBKO: I'm simply going to ask that we take a five- minute break, before the reasonable accommodation hearing. MR. ALLEN: I think it's an excellent idea. Is this one concluded? MR. BOBKO: Staff has nothing. Mr. Kiff? MR. KIFF: Nope. MR. ALLEN: It's concluded then, subject to adoption of a Resolution. (Pause in proceeding.) MR. ALLEN: All right,. Let's commence number two on this agenda, which is the same Applicant, Newport Coast Recovery, seeking a reasonable accommodation from several of the Newport Beach Code standards. So let's commence with a Staff report by the PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00893 58 AEA M 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 BEACH RECOVERY - 7/7/2009 City MR. KIFF: Ms. WOLCUTT will be making the reasonable accommodation presentation. As a reminder, the pattern is similar to what we do with the Use Permit hearing. There's a Staff presentation. The.Applicant has an opportunity to make comments. Public hearing is opened; public hearing is closed. Applicant can return. You can ask further questions, and then either make one of three different determinations, approve, deny or continue. And just as a reminder to the folks in the audience, our obligation is to be out of the room by 5:45. MS. WOLCUTT: Katherine Wolcutt, Deputy City Attorney. That probably applies to me as well to get through the Powerpoint with all due speed. As you see in the Staff report, the Staff report is approximately 39 pages long. The Applicant made two different reasonable accommodation requests, and they were both very exhaustively analyzed. And we will be hitting the high points in the verbal presentation today, because of the number of the requests and the length of the Staff report and the need to get through the material so that people still have time to speak. For anybody who's been to these PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00894 59 1 1 sa 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 presentations before, this will look very familiar. The background in reasonable accommodation, under the Federal Fair Housing Act, "unlawful discrimination includes refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling." That's a quote from the McGary v'. City of Portland, 9th Circuit case. The duty for a city or a housing provider to make reasonable accommodations is well established. Federal Fair Housing Act Amendments are the source of the duty. They require cities to make exceptions from their usual rules, policies, and practices when: The request is made on behalf of the disabled individual; When the request is reasonable;. And when the request for the accommodation or exemption is necessary, and that that necessity is tied to whether it is necessary to afford a disabled individual an equal opportunity to use and enjoy a dwelling. Source of that is 42 U.S. Code, Section 3604 (f) (3) (B) . First, we look at whether or not a request is reasonable. And requests are considered unreasonable if PRECISE REPORTING SERVICE (800) 647 -9099 1►[y:i�1�l:L��hRkh� I 1 2 3 4 5 6 7 8 9 10 sa 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 presentations before, this will look very familiar. The background in reasonable accommodation, under the Federal Fair Housing Act, "unlawful discrimination includes refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling." That's a quote from the McGary v'. City of Portland, 9th Circuit case. The duty for a city or a housing provider to make reasonable accommodations is well established. Federal Fair Housing Act Amendments are the source of the duty. They require cities to make exceptions from their usual rules, policies, and practices when: The request is made on behalf of the disabled individual; When the request is reasonable;. And when the request for the accommodation or exemption is necessary, and that that necessity is tied to whether it is necessary to afford a disabled individual an equal opportunity to use and enjoy a dwelling. Source of that is 42 U.S. Code, Section 3604 (f) (3) (B) . First, we look at whether or not a request is reasonable. And requests are considered unreasonable if PRECISE REPORTING SERVICE (800) 647 -9099 1►[y:i�1�l:L��hRkh� I c: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 0&A 18 19 20 21 WA 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 granting it would either: Impose an undue financial or administrative burden on the City; Or if it would result in fundamental alteration in the nature of the City program. Fundamental alteration is also described as "undermining the basic purpose which the requirement was adopted to achieve." We also look at whether the request is necessary, Will the accommodation -- on a general level, will the accommodation allow the disabled individual to live in the dwelling if the accommodation is granted? Would the disabled individual be unable to live in the dwelling without the accommodation? And then we look at whether or not there's a direct link between the accommodation requested and the required equal opportunity? And court cases looking into this issue and analyzing it have found -- have come to define it as whether the required accommodation is necessary to either make the facility financially viable, and thus, provide an equal opportunity to live there; Or does the required accommodation provide a therapeutic benefit to the disabled resident? Is there a direct connection between the accommodation requested and PRECISE REPORTING SERVICE (800) 647 - 9099 NCR UP /RA 00896 Cif C I C' 2 3 4 F� 5 6 7 8 9 10 11 12 13 14 15 I&1 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 the benefit to be received? Applicant has requested two alternative exemptions. Each request would require an exemption -- if granted, it would require an exemption from the restriction of Newport Beach Municipal Code section 20.10.020, which requires that residential care facilities generally be located only in MFR zones and with a Use Permit. An exemption for the Newport Beach Municipal Code section 20.10.020, with continued operation under the terms recommended by the January 12th Staff report was the first of Applicant's request. They made two separate ones, which complicated the analysis a little bit, hence the length. That recommendation that they have asked you to adopt is that the use be continued in the current location with 14 residents, maximum occupancy. And some of the other conditions that that would have required, recommended by staff: Quiet hours; All the on -site parking spaces, all six of them, be kept clearing for parking, not used for any other use; Three master parking permits be purchased from the City, and that staff and residents and visitors who PRECISE REPORTING SERVICE (800) 647 -9099 1►[y:i�1�l:L��hRkil 62 c f 1 2 3 4 5 6 7 8 9 10 11 12 13 00 15 16 17 18 19 411 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/9/2009 would -- staff and residents will use those master parking permits when parking off -site. And for the family counseling that's apparently provided to the residents, families, Staff had made a suggestion that either the counseling sessions for people who do not reside on -site be conducted from 9 to 12 in' the morning, on Sunday mornings, to mitigate impact on beach parking. Or that the family -- when family counseling is provided, that the family members park elsewhere and be transported from off the Peninsula with a shuttle system. It also required compliance with all Federal, state and local laws, as all of our conditions can do. Applicant also made a second request. As the Applicant phrased it, if we did not -- if the Hearing Officer did not grant the first request, which was essentially continue the operation with 14 and conditions, including conditions on parking, then they required -- asked for a waiver of continued operation of 18 residents, and a waiver of certain Newport Beach Municipal Code requirements, and also waiver of selected standards that were required in order to receive a Use Permit. Those specific standards that they asked to be waived were asked for 18 residents as maximum occupancy; PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA.00898 63 c 1 (_ 2 3 4 <` 5 6 7 8 P 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 They asked for a waiver of the Use Permit occupancy requirements. There's a limit of two per bedroom, plus one additional resident in the entire facility in order to receive a Use Permit; Exceptions from the parking requirements. The parking requirements are in another section of the Code, 20.66,030. Those parking requirements were in place before the current Ordinance was adopted. They asked that residents and visitors be subject to the same parking requirements as all residential uses; They ask that the City -- the Hearing Officer determine that the City should treat the Newport Coast Recovery as a legal non- conforming use; They asked that the City apply the California Building Code requirements that were in place at the time the facility was established. The first change of this facility from a residential use to a recovery facility use was in 1997. A waiver of the overconcentration considerations, particularly those involving APA standard of one or two residential care facilities per block; And a waiver of consideration of proximity of the facilities to schools, playgrounds, day care centers, and alcoholic beverage outlets. 64 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00899 C 1 2 3 4 C' 5 6 7 8 -4 9 10 11 12 13 14 Eby 16 17 is 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 The Staff recommendations are to deny request number one, but to permit current facility residents to complete the stay that they intended, so that we're not depriving any current residents of their housing; And request number two, to deny the accommodation since we have already dealt with the current residents into request number one. Turning to analysis at the individual requests, request number one. First, we look at whether request number one is necessary and necessary to afford a disabled individual an equal opportunity to use and enjoy a dwelling. We look at, does this facility require the requested accommodation at the requested population they have asked for to achieve financial viability or a supportive recovery environment? And our 9th Circuit source for that is City of Edmonds v. Washington State. The factors of the Newport Beach Municipal Code allows the City to consider, and a Hearing Officer, whether the accommodation will affirmatively enhance the quality of life of individuals with a disability. That's tied to the therapeutic benefit issue; Whether the disabled individuals will be denied an equal opportunity to enjoy the housing type of their choice without the accommodation; PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00900 NMI 1 2 3 4 5 6 7 8 P] 10 11 12 13 14 15 16 17 18 19 20 Bi4 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 Whether the accommodation is necessary for the facility's financial viability; And whether the existing supply of facilities of a similar nature and operation is sufficient to provide disabled individuals with an equal opportunity to live in a residential setting. As usual, Staff analyzed the reasonableness and the necessity of these requests with regard to current residents and prospective residents, since they are individuals that are situated differently. As to the current residents, Staff found that the request was necessary and reasonable. The City is not in the practice of attempting to abate current residents who were there at the time that this issue was heard. As to protective residents, the analysis showed that the request number one was not necessary and was not reasonable. And the necessity issue, Applicant did not submit evidence that it required the requested accommodation in order to be financially viable, and did not present evidence that required accommodation for therapeutic benefit. It did submit a statement that living together while in recovery with others who were also in recovery PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00901 66 f` 1 C 2 3 4 (' 5 6 7 8 9 10 F, 11 12 13 14 1 17 18 19 20 relit 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 was a therapeutic benefit, and the City does not dispute that. What the City disputes is whether this specific accommodation is necessary to provide the therapeutic benefit to individuals living with others in a licensed residential care facility that enhances their recovery. To continue that issue, we look at the alternate housing opportunities. Because the Newport Beach Municipal Code authorizes a consideration of other available facilities that are of a similar type and nature. As of July 6th, we had 200 of the approved facilities, that means the ones that are not subject to abatement and that are licensed within the City, there are 207 ADP licensed beds within the City. Many of those are in duplex and apartment buildings on the Balboa Peninsula and West Newport, If someone's,looking to recover and live with other persons in recovery in a licensed environment and to be near the beach, there's a number of other similar alternatives they can choose from. As to current residents, as we've discussed, the use is subject to abatement with the Use Permit denial and if the reasonable accommodation is denied, and, therefore, current residents would lose their housing. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00902 67 1 ce 2 3 C, 4 5 6 7 8 F] 10 11 12 13 14 15 16 17 18 19 20 P41 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 Prospective residents. The future residents would lose their ability to live in this duplex, but not in other similar facilities, as we've discussed. Then we moved to the issue with request number one of whether request number one is reasonable with the combination of factors that the Municipal Code tells to us consider: Would the accommodation fundamentally alter the character of neighborhood; Whether it results in a substantial increase in traffic or parking issues; Whether granting the accommodation would substantially undermine any express purpose under General Plan or Specific Plan; And whether the accommodation would create institutionalized environment due to the number and proximity of other similar uses. We also look at other required findings: Would granting the request impose an undue financial administrative burden; Would granting the request result in a fundamental alteration in the nature of the City's zoning program. Generally, when we're looking at an exemption from this particular section of the Municipal Code, -we PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00903 68 I 1 (' 2 3 4 (.' 5 6 7 8 9 10 11 12 ,u9 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 look at the purposes of, especially for our purposes, both the R2 zone versus the MFR zone, or the zone we're trying to establish. And we did less analysis on this this time because there was more analysis required in other areas. And because of the determinations in those areas, this issue really didn't need to be dealt with in depth. But there are the purposes of our R2 and MFR zones. Under other conditions, this finding could be made that with 14 residents in seven apartment units, the density was similar to that which would be common in R2 residential zone for a non - conforming building. Then we look at what the purpose of the Use Permit is, whether we undermine the purposes the Use Permit was supposed to achieve by allowing it to be in operation without the Use Permit. Use Permits are required for uses with operating characteristics that require special conditions to enable them to not have an adverse impact on other uses in the area. And Ordinance 2008 -05 requires the Use Permit for non - conforming uses in residential areas. This is to ensure the purposes of the Zoning Code are achieved, and to mitigate adverse secondary impacts. Purposes that are specifically enumerated in PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00904 ME i 1 4' 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 BEACH RECOVERY - 7/7/2009 the Code are to promote the public health, safety and welfare, and implement goals of the General Plan by ensuring that conditional uses don't change the character of residential neighborhoods. And equally important, to protect and implement the recovery and reintegration of the disabled, in part by avoiding the overconcentration that would lead to an institutionaliation of the area. And would the Use Permit purpose be undermined? Our analysis was that because of the Applicant's conduct that we have found out since January of this year, that the findings required to issue a Use Permit could not be made for this facility. If you were looking de novo at the factors that you have to find -- that you were allowed to look at and the findings that you have to make, we believe that the finding to issue a Use Permit could not be made today. We talked about current. Prospective residents. All required findings cannot be made. One of the basic purposes of the zoning program would be undermined if the Use Permit were granted, or if the reasonable accommodation waiving the Use Permit were granted. That purpose, as we've discussed, is discussed earlier in the Use Permit hearing. There was a PRECISE REPORTING SERVICE (800) 647 -9099 FLIM 1 C , 2 0 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 requirement put into the Municipal Code that no one who is operating a facility operated a similar facility with a pattern or demonstrated pattern or practice of violating state or local law. We also admit that we can anticipate the administrative burden of monitoring facility and prosecuting substantiated complaints. With conditions, could the use conform to the operational standards of 20.91A.050? Because that's one of the first requirements for a Use Permit to be given. was it operated in compliance with state and local law, with management plan of a 24 -hour contact? Staff continues to assert that it is not operating in compliance with state law. I believe the Department of Social services letter that was dated April 1, 2009, the Notice of Violation which was sent, says, "You are here" -- was it in this -- I believe, the exhibit that you'd find this in is Council's packet that was given to the City Council. That was where it was last located. "You are hereby notified the above - referenced facility is operating without a license, which is a violation of California Health and Safety Code section 1508." Social Services determined and confirmed that this facility violated state law. And it violated it PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00906 71 1 1 c 2 3 4 u�a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 twice, once with each minor. So that's two instances that we can confirm. I cannot give you instances over a year. I can't show you 10 or 12 instances. Our Code does not define "pattern." It doesn't define "practice." I don't know of a clear bright line test for what's a pattern and what's a random incident. But I think you've seen since April, we've had -- since late March, we've seen a number of instances arise that cause Staff deep concern. And we believe that it does show that there's a pattern of violation of state law and, therefore, that finding cannot be made. Whether the property is physically suited to accommodate use; Whether there's sufficient parking; Whether the use will change the character of the surrounding residential neighborhood. Generally, Staff looked at this issue when it made its recommendation back in January and determined that it would not be an issue, that, with conditions, the facility could meet those required findings. However, with the violations of state law that we have documented and which ADP is in the -- ADP is in the process of investigating. The Social Services' investigation is complete, and Social Services confirmed PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00907 72 1 6 7 8 9 10 it u�a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 twice, once with each minor. So that's two instances that we can confirm. I cannot give you instances over a year. I can't show you 10 or 12 instances. Our Code does not define "pattern." It doesn't define "practice." I don't know of a clear bright line test for what's a pattern and what's a random incident. But I think you've seen since April, we've had -- since late March, we've seen a number of instances arise that cause Staff deep concern. And we believe that it does show that there's a pattern of violation of state law and, therefore, that finding cannot be made. Whether the property is physically suited to accommodate use; Whether there's sufficient parking; Whether the use will change the character of the surrounding residential neighborhood. Generally, Staff looked at this issue when it made its recommendation back in January and determined that it would not be an issue, that, with conditions, the facility could meet those required findings. However, with the violations of state law that we have documented and which ADP is in the -- ADP is in the process of investigating. The Social Services' investigation is complete, and Social Services confirmed PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00907 72 1 91 D 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 BEACH RECOVERY - 7/7/2009 what we know. Moving to request number two, start with a threshold issue. None of the requested -- separately requested accommodations, if they were granted, would allow the Applicant to continue their operation just on their own. As a reminder, those are 18 residents, maximum occupancy; , The waiver of the Use Permit occupancy requirements; Exemptions from parking; Treating them as legal non - conforming use. We'll go through those, but as a reminder, those are some of the specific elements they are asking for exemptions from. There are four factors required to show necessity, as we've discussed. This is just a reminder slide, because it was seen earlier in the presentation. This is what they asked for exception from. And Staff determined that the individual requests made by the Applicant were not necessary for disabled individuals to enjoy equal opportunities to housing, and they were not reasonable. We discussed the financial viability aspect a little bit when they were 'asking for 14 residents. At 18 PRECISE REPORTING SERVICE (800) 647 -9099 73 t. 1 (? 2 3 4 C' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 residents, that's more than 14. In the past, we've done an analysis. But we've asked for Applicant to show -- evidence to show why they need a larger size facility than recommended by Staff. And the Staff -- the Applicant expressly objected to that request. They have also not submitted evidence that they required accommodations, any of the exempted, you know, the waiver of the parking, treating them as a legal non- conforming use, overconcentration, they have haven't asked for those as a therapeutic benefit. We've seen the slide about the Bryant Woods Inn about the size -- increasing the size of the facility to a size requested by an applicant. It might provide financial benefit to the operator, but did not provide any particular benefit to the residents that the laws are concerned with. That's a summary of some of the factors the Court looked at in regards to the Bryant Woods case. The similarity of other facilities_ with vacancy rates in the area, failure to present -- Plaintiff's failure to present evidence, and failure to show that a larger size will be therapeutically beneficial. And the Court noted that "If Bryant Woods Inn's position were taken to its limit, it would be entitled to construct a 10 -story building housing 75 residents, just PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00909 74 0 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 because the residents had handicaps.,' So moving to the specific factors, the 18 residents, there's no evidence of viability or therapeutic benefit to having 18 residents. Alternate housing exists. There is a licensed male facility for males with 18 residents that has been granted a Use Permit that's a block away. Waiver of occupancy restrictions. We were very confused by this request, because there are nine -- even if you take out the one apartment unit that's being used as an office, there's still nine bedrooms left in the facility. And under the occupancy restrictions, that would allow them 19 residents, not the 18 they requested. So we can dismiss the request for the waiver of the occupancy restriction, because they don't need it to get the number they've asked fora Very similar in the parking. The facility has six on -site parking spaces. The Newport Beach Code requires three -- one parking space onsite for every three residential care facility beds. They already have the parking spaces they:,need for 18 residents. It is not necessary. Visitor parking. There was no evidence that visitor parking conditions had any impact or prevented PRECISE REPORTING SERVICE (800) 641 -9099 NCR UP /RA 00910 75 c, 1 2 3 4 (:. 5 6 7 E? 8 9 10 11 12 13 14 15 16 "f 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 therapeutic benefit or financial viability. As far as whether it's necessary to treat people at Newport Coast Recovery as a non - conforming use, no. The City has always treated Newport Coast Recovery like a non- conforming use. The Newport Beach -- we've seen other situations where it wasn't necessarily legally established, so that an accommodation was made during the period where they weren't involved in the administrative system. But in this case, there's never been any question how they have been treated. California Building Code requires that the application -- that the Code sections that were in place when the occupant -type changes are the appropriate ones to apply. And our Fire Marshal made the accommodation, if You will, to apply the 2008 Codes, because there were some restrictions in prior versions of the Building Code that Applicant would have found it very, very difficult, if not impossible, achieve. And, therefore, he had made the offer of applying 2008, but if the Applicant wants to apply the 1997 Building Codes, I'm sure the Fire Marshal will be happy to advance the Building Code requirement. That we can do. PRECISE REPORTING SERVICE (800) 647 -9099 I►[y:i�l�l:L��hF'Zf F1.I 1 2 3 4 _ 5 6 D 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 Waiver of other factors. Proximity of parks schools, other facilities. I'd like you to know that there's nothing in our Municipal Code that requires you to consider proximity to churches or playgrounds. It's schools, parks and facilities. We determined that that waiver was not necessary, because there were no playgrounds -- we'll get to that one later. There's another slide. These factors would be considered. The proximity to other uses. Those factors would be considered when determining whether the use would be compatible with the character of the neighborhood, whether it would contribute to changing of the neighborhood. It is not a flat finding that you have to make that there is no proximity of other uses like that. . Would waiving the factors be necessary to afford a disable individual an equal opportunity to enjoy a dwelling? We decided no. Because of the other issues that we're going to address, there were reports of lack of supervision and violations of state law by the Applicant. Supervision of the individuals who reside within the facilities has been important in the past in order to reduce the impact on the neighbors, and that is why we have the lengthy list of conditions when a Use PRECISE REPORTING SERVICE (800) '647 -9099 NCR UP /RA 00912 77 C 1 C' 2 3 4 C; 5 6 7 8 9 10 11 12 13 14 15 ?3 3 17 18 19 P 20 `4l 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 Permit is granted. They are non - rebuttable considerations. Violations of the state law are very important to us for the reasons that we've stated already. Therefore, Staff determined that the required finding in 20.91A.060 can't be made, and that's because one of the crucial operating standards required that 20.91A.050(c)(4) cannot be met. Waiving the requested factors that they enumerated, the proximity issues, overconcentration, consideration, that was not necessary, because it wouldn't result in continued facility operation, because we couldn't make another crucial finding. Would there be an undue financial or administrative burden? Well, I will tell you 8 o'clock at night when Mr. Kiff and I were still at our desks trying to help the two moms who were trying to find their -- the one child who, from Newport Coast Recovery, had moved to an unlicensed facility in Costa Mesa, the thought of administrative burden did cross my mind. I believe that there would continue to be an administrative burden. Would granting the requested accommodation result in a fundamental alteration in City's Zoning program? PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00913 78 1 i.: 2 3 4 5 6 7 ` 8 9 10 11 12 13 14 15 16 IJ 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 If we waive the overconcentration factors as requested, yes, we would be undermining a very important factor and a very important purpose that the Ordinance was adopted to achieve. Preventing overconcentration was a fundamental program. And part of that program is not just to protect the residents but to protect the residents of the facility. The purpose of community -based care, as we understand it, as ADP has explained it to us, is to allow individuals in recovery to begin to reintegrate into the surrounding neighborhood and to learn the skills of living in a neighborhood surrounding by others who are not, you know, essentially using alcohol and drugs. overconcentration, which transforms a neighborhood into a quasi institutional area, defeats that purpose. This was stated better by the Court in U.S. v City of Chicago Heights, where they stated, "There may be situations in which the distance between homes was so little, that it could fundamentally alter the City's purpose of avoiding clustering and preserving the residential character of certain neighborhoods." Other areas. When we look at fundamental alterations of the Zoning Codes, the parking requirement that the Applicant -- the waiver that the Applicant PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00914 79 5 6 7 8 CA itfm 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 requested. The purposes of having an off -site parking requirement are stated in other areas of the Municipal Code. To ensure the off- street parking and loading facilities are provided for new land uses and alterations of existing uses; To establish the parking standards that are consistent with the needs and uses of -- the needs of the use and feasibility; And to ensure that off - street parking and loading facilities are designed to ensure efficiency, protect public safety, and to insulate surrounding land uses from adverse impacts. Anybody in this room is very likely to know ` what the impacts of excessive use of a facility in the summertime parking could be, especially when they are doing treatment of individuals who do not reside on -site. The Applicant also has a history of parking violation, particularly behind the facility when they were not using the garage for parking purposes. They provide counseling to visitors who do not reside on -site. Granting the waiver would undermine the purposes that that requirement was put in place to achieve. And I would also encourage you to see the Staff report, where we do a comparison of what the -- what PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00915 80 l 2 3 4 5 6 7 8 CA itfm 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 requested. The purposes of having an off -site parking requirement are stated in other areas of the Municipal Code. To ensure the off- street parking and loading facilities are provided for new land uses and alterations of existing uses; To establish the parking standards that are consistent with the needs and uses of -- the needs of the use and feasibility; And to ensure that off - street parking and loading facilities are designed to ensure efficiency, protect public safety, and to insulate surrounding land uses from adverse impacts. Anybody in this room is very likely to know ` what the impacts of excessive use of a facility in the summertime parking could be, especially when they are doing treatment of individuals who do not reside on -site. The Applicant also has a history of parking violation, particularly behind the facility when they were not using the garage for parking purposes. They provide counseling to visitors who do not reside on -site. Granting the waiver would undermine the purposes that that requirement was put in place to achieve. And I would also encourage you to see the Staff report, where we do a comparison of what the -- what PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00915 80 �3 s m� 1 2 3 4 5 6 7 8 9 047 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY — 7/7/2009 restrictions, if any, were placed on another home occupation on, say, an individual living next door to Newport Coast Recovery who was running a business, a counseling business, and having clients visit his home -- his or her home to provide the counseling. There are requirements in the Municipal Code that limit the impacts on neighbors there. And there's, also requirements that all on -site parking be retained, not reduced. And that there no substantial increase in the pedestrians or automobile parking. We do not put. similar -- called it out restrictions on pedestrian activity for these facilities. Waiver of the considerations of proximity to schools, parks and alcoholic beverage outlets. There could be situations in which it would determine that -- which you could determine that a basic purpose of the Zoning Code would not be undermined by waiving consideration of the factors. But these are factors only, and they are considered by you on a case -by -case basis. And that is the end. Unless you have any questions for me, I think that concludes the Staff presentation. Thank you. MR. ALLEN: One question. And I just was not PRECISE REPORTING SERVICE (800) 647 -9099 C' 5 D 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 BEACH RECOVERY - 7/7/2009 previously aware that the Bryant Woods case talked about a vacancy factor. And I don't think we get that far into an analysis in the reports that I've seen about vacancies in the units that are available; correct? MS. WOLCUTT: We have not reported on the specifics on that. I believe Mr. Kiff might be in a better position than I am to know what the vacancy rates are. Sometimes facility operators tell him, you know, what their vacancy is. Do you have information on that, Dave? MR. KIFF: The information is anecdotal, and the vacancy rates are running anywhere from half the beds open and vacant to 40 percent. MR. ALLEN: Okay. Thanks. Does that complete the Staff presentation, City I staff? MR. KIFF: Yes. MR. ALLEN: All right. Applicant ready to go forward? MR. BRANCART: Thank you very much. Let me begin with a few observations that much of the presentation that was just presented to you, based upon the analysis of fundamental alternation, was boot - strapped from information that you heard at the first part of this hearing. PRECISE REPORTING SERVICE (800) 647 -9099 1►[y:i�1�l:L��hkZ�l 82 1 (, 2 3 3 4 5 6 7 8 9 10 11 12 13 14" 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 It was boot - strapped from information based upon a claim by the City that they had demonstrated a pattern of violation of law, a finding that you expressly stated less than an hour ago could not be made. And that runs through this entire presentation. In fact, City staff is so direct as to say that the only thing that keeps us from standing before you as a Hearing Officer and re- endorsing our original Staff report is this after - acquired evidence, of which you have found, one, that the Applicant could, without violating ethical and confidentiality rules, could present evidence in that forum about that, and two, that was a Notice of Violation that was issued. That's it. And therefore, I think you need to take what you've just saw on these slides, and put it in the context of the findings that you rendered earlier this afternoon. It is striking also in the Staff presentation how little there is to contest in some respects. Staff concedes that there would be no need to request an accommodation regarding the existing parking; regulation; There would be no need to request accommodation or exception to the existing occupancy restriction; That the Fire Marshal -- there's no need to do that, because we can apply Code either in 197 or 2008. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00918 83 1 2 3 4 w 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 So what it then comes down to, fundamentally, is this question of overconcentration and necessity. Let me begin with the question first of necessity. Staff concedes that there is a necessity as to those individuals who presently reside at Newport Coast Recovery. Staff claims that there is no such necessity, even though the same services would be provided to the same disabled individuals in the same state of need, the same -- because there are other institutions who could provide those same services. That is false. Newport Coast Recovery is the only facility -- it is the only facility which is an all -male residential primary treatment facility. Let me repeat that. It is the only facility that is an all -male residential primary care facility. Please, as the Hearing Officer, press the Staff to be very clear when they put out broad and unsubstantiated claims that there is comparable treatment beds available. Because each of these facilities provides a very different and narrow type of housing, and Newport Coast Recovery is the only one here on the West Peninsula -- and could be in the City -- that is a primary -- that is, after somebody comes out of detox, primary care all -male residential facility. Yes, there are all -male facilities, but this is PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00919 84 14 15 16 17 18 19 20 21 22 k4c] 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 the only one that fits that. So this is a unique service that Staff has not addressed. So let's put in context, then, that there is actually no necessities claimed by Staff, because people could have, according to them, go across the street and obtain the same services, which, in fact, is patently, patently false. The second thing that's claimed by Staff, anecdotally right now by Mr. Kiff, is the claim that there are substantial numbers of treatment beds available and, therefore, there is no need. In fact, the City of Newport Beach has repeatedly told the federal government in reports certified by the City Council just the opposite. I'd like to share with you an exhibit. What I'm presenting to you, as the Hearing Officer, are exerts of documents that were prepared by the City of Newport Beach and submitted pursuant to Federal law to United States Department of Housing and Urban Development. These reports are mandated by Federal law and are required to be presented to HUD both on an annual and also on a periodic basis. Pursuant to submitting these reports, the City obtains Federal monies, and obtains monies based upon the truth of the reports that are submitted here by the City to the Federal government. If you, as Hearing Officer would please turn to PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00920 85 1 2 3 4 %1 5 6 7 g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 k4c] 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 the only one that fits that. So this is a unique service that Staff has not addressed. So let's put in context, then, that there is actually no necessities claimed by Staff, because people could have, according to them, go across the street and obtain the same services, which, in fact, is patently, patently false. The second thing that's claimed by Staff, anecdotally right now by Mr. Kiff, is the claim that there are substantial numbers of treatment beds available and, therefore, there is no need. In fact, the City of Newport Beach has repeatedly told the federal government in reports certified by the City Council just the opposite. I'd like to share with you an exhibit. What I'm presenting to you, as the Hearing Officer, are exerts of documents that were prepared by the City of Newport Beach and submitted pursuant to Federal law to United States Department of Housing and Urban Development. These reports are mandated by Federal law and are required to be presented to HUD both on an annual and also on a periodic basis. Pursuant to submitting these reports, the City obtains Federal monies, and obtains monies based upon the truth of the reports that are submitted here by the City to the Federal government. If you, as Hearing Officer would please turn to PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00920 85 4 5 6 7 9 10 11 12 13 Ft! 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY- 7/7/2009 page 1 of this, you can see this is the Consolidated Plan, one version, that was presented by the City of Newport Beach to the United States Department of Housing and Urban Development for the time period that we have before you. If you turn to the second page, part of this presentation requires the City to state what its priority needs are for its special populations. And as you see there, the City has specifically told HUD that "persons with alcohol and other drug addictions is a high priority need." That certainly contradicts what you've been told . here today. Please turn to page 3. Also in that same report, you will see that, as indicated, substance abuse services, again, is a high priority need that has been submitted by the City to the Federal government in order for the City to obtain Federal money with the promise that these reports are accurate. Please turn to page 4. The City has to tell HUD what its enumerated goals are to do with the Federal money. And one of them, as you can see here, is goal number three on page 4, "to increase the supportive services for persons suffering from substance abuse." Please turn to page 5. This is not only something that's been submitted in consolidated plan for PRECISE REPORTING SERVICE (800) 647 -9099 il w7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Fes] 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 period of 0509 by the City, but in the previous consolidated plan, the City has repeatedly stated to the Federal government that the types of services that they now claim are not necessary to you, as a Hearing Officer, are absolutely one of the highest priorities of the City of Newport Beach. Specifically, if you turn to page number 6, as reported by the City to the Federal government, it indicates that "persons with alcohol and drug addictions were one of the activities that needed to be assisted." And if you turn to the top of page 7, it tells what you the obstacle is, "the ability of any funding and social service agencies that can provide those services." Obviously, individuals who are operating therapeutic homes are providing, indeed, those services. If you would turn to page number 8, page number 8 is a report from earlier. And it repeats, as you can see at the bottom of page number 9, that, in fact, one of the crying needs, according to the City, was the "need for programs that included room and board and counseling for improved supportive services of those in substance addiction." Please turn to page number 10. And while were going through this, I want you, as the Hearing Officer, to please understand that pursuant to Federal statute, PRECISE REPORTING SERVICE (800) 647 -.9099 NCR UP /RA 00922 87 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 the City Council has adopted and approved these reports. Pursuant to Federal statute, the City has prepared these reports to be submitted to HUD in order to obtain funding. So unlike coming here and not testifying under oath and the informality of this procedure, these are documents that are not only vetted through City staff, but then adopted by the City, and then submitted with certification to the Federal government saying, "This is true. This is the problem we need to fix in the City of Newport Beach. Give me money.' And the Federal government has given the City, in fact, relying on those reports, hundreds of thousands, millions of dollars. Page 11, I think you're being deceived. Page 11, this is the Strategic Plan for City of Newport Beach. Of course, item number three under "Strategic Plan, we must improve services to those with substance addictions." Page number 12, the Con Plan. Part of this Con Plan, you see on page 13, was an indication of, how did the services and needs of people with substance abuse housing services fit within the continuum of care that's available generally in the county? Putting us in a larger context of county, .which was part of -- this, by the way, was submitted by the PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00923 M 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 BEACH RECOVERY - 7/7/2009 the City Council has adopted and approved these reports. Pursuant to Federal statute, the City has prepared these reports to be submitted to HUD in order to obtain funding. So unlike coming here and not testifying under oath and the informality of this procedure, these are documents that are not only vetted through City staff, but then adopted by the City, and then submitted with certification to the Federal government saying, "This is true. This is the problem we need to fix in the City of Newport Beach. Give me money.' And the Federal government has given the City, in fact, relying on those reports, hundreds of thousands, millions of dollars. Page 11, I think you're being deceived. Page 11, this is the Strategic Plan for City of Newport Beach. Of course, item number three under "Strategic Plan, we must improve services to those with substance addictions." Page number 12, the Con Plan. Part of this Con Plan, you see on page 13, was an indication of, how did the services and needs of people with substance abuse housing services fit within the continuum of care that's available generally in the county? Putting us in a larger context of county, .which was part of -- this, by the way, was submitted by the PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00923 M 1 2 3 4 5 6 7 c 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT,BEACH RECOVERY - 7/7/2009 City, but it looks at the broader County issue in order to assess need. You can see under "substance abuse treatment beds," that they talk about the substantial gap And in terms, again, of priority, as consistently has been reported by the City to the Federal government to obtain funding, it is always the highest priority that we obtain' -- that we address the substance abuse issues. There's a repeat of that, of course, on page 14, and it goes on. That's a sampling of what's been told to you that I think contradicts certainly, if not the very word that you've been told here, the spirit of what's been said to you. I want to make a second point, because the time period that we had to respond to this is so short. I would urge you to consider and demand from Staff that they provide to you the reports that have been issued finding the City in violation of the housing elements provisions of the General Plan requirements, as administered by the State Department of Housing and Community Development. And would I would please ask you them to provide you with the violation letters that have been issued by the State of California against the City PRECISE REPORTING SERVICE (800) 647 -9099 M r" 1 C. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NEWPORT BEACH RECOVERY - 7/7/2009 regarding non - compliance with housing elements. And specifically ask them about the, quote, disability issues. Because that, again, you'll see, as reflected here, that in terms of compliance with State law regarding these very issues, the State would beg to differ with what you have just been told. So what, then, have we been told? One, that people can go across the street and get the very same services. That is patently untrue. There are unique services that are offered here by Newport Coast Recovery. Second, we are told that we have a super abundance of those. Mr. Kiff will say here that it's merely anecdotal. in fact, that contradicts what's been repeated told by the City to the Federal government, as approved by City Council, in order to get Federal monies. And last, I would urge you to take a look at the violation letters issued by HCD, Housing and Community Development. Housing and Community Development, in connection with the noncompliances of the housing provisions. Those are available on the Web site. You'll be able to find this on the Web site if you'd like to find them yourselves. Let me talk to you a minute about this issue of cost. In substantial consultation with Mr. Kiff, Newport PRECISE REPORTING SERVICE (800) 647 -9099 M 17 1s 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 regarding non - compliance with housing elements. And specifically ask them about the, quote, disability issues. Because that, again, you'll see, as reflected here, that in terms of compliance with State law regarding these very issues, the State would beg to differ with what you have just been told. So what, then, have we been told? One, that people can go across the street and get the very same services. That is patently untrue. There are unique services that are offered here by Newport Coast Recovery. Second, we are told that we have a super abundance of those. Mr. Kiff will say here that it's merely anecdotal. in fact, that contradicts what's been repeated told by the City to the Federal government, as approved by City Council, in order to get Federal monies. And last, I would urge you to take a look at the violation letters issued by HCD, Housing and Community Development. Housing and Community Development, in connection with the noncompliances of the housing provisions. Those are available on the Web site. You'll be able to find this on the Web site if you'd like to find them yourselves. Let me talk to you a minute about this issue of cost. In substantial consultation with Mr. Kiff, Newport PRECISE REPORTING SERVICE (800) 647 -9099 M C 1 (; 2 3 4 C 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY,- 7/7/2009 Coast Recovery arrived at these numbers of 14 and 18. These were the break point numbers that they needed to go ahead and operate in economic viability. And these were discussions that were done between Mr. Newman and Mr. Kiff at length. At the end of the day, they were prepared to make their financial break with 14 beds, and that's why the first accommodation they submitted was the 14 bed request, which was essentially adopt the Staff report that had previously been submitted to you. So let's not - so let's not say there's been no economic or economic determination here. They have made the compromise. Keeping in mind, just so we put this in - context, they are licensed to have 29 beds. They are willing to make the accommodation in order to maintain financial viability down to 14 beds. That's why they say "Adopt the Staff report," and that's something that came out of lengthy discussions between Mr. Newman and Mr. Kiff about, where's the break point to keep the facility viable? And, therefore, I think it is disingenuous for Staff to say that there has been no discussion or analysis regarding that. Let me focus on this overconcentration issue. The issue of overcontration is perhaps the most ill PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00926 91 1 2 3 4 5 6 a 8 9 10 11 12 019] 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 defined and misused concept in this entire process. I say that because it has literally no meaningful standards by which you do apply, both in determining similarities of facilities, densities of population, natures of use, and any other meaningful criteria. Merely having you take a yard stick and measure from one housing dwelling to another of persons who happen to be of a certain disability class tells you actually nothing about whether or not there's overconcentration I want to emphasize a second important point. You are basically asked -- and you did in your last set of findings. You took a yard stick and you said, "These people are 300, 400 whatever," with absolutely no meaningful finding as to what the law requires, but also nor has Staff given you this information. And I think it would be unfair for them to give it to you now, nor have you been given for what the City would like to consider and what's driving this larger agenda. And what I mean by that is, one, merely the proximity between these facilities, there is not admissible meaningful measurable concrete evidence of adverse impact upon the communities. Nor is there any analysis provided to you by Staff that if we add these individuals at this distance, PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00927 92 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 that's going to create this set of adverse impacts. It is all complete speculation that they provided to you glossed over with the words " overconcentration." Nowhere is that made more painfully obvious than the presentation that was just presented to you by City Staff in which they talk about overconcentration being for the benefit of people -- avoiding overconcentration for the benefit of people who are disabled. And, in fact, I think Staff did get it right here, and it's been wrong the way they have been presented it to you, and I think that it's wrong in the Ordinance, is that the only time you should appropriately consider overconcentration is when it's to establish that there is a benefit to people with disability, i.e., we're' not going to give you housing. We're going to deprive you of the ability to get housing, which we have repeatedly told the Federal government you need here in town, because that would put you in an overconcentration. So by doing you a favor, we're denying you the opportunity to housing. But I think it's most important here for purposes of your termination is that nowhere in these volumes of papers that we get before the 4th of July holiday is there any evidence to show that this is PRECISE REPORTING SERVICE (800) 647 - 9099_ NCR UP /RA 00928 93 1 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 that's going to create this set of adverse impacts. It is all complete speculation that they provided to you glossed over with the words " overconcentration." Nowhere is that made more painfully obvious than the presentation that was just presented to you by City Staff in which they talk about overconcentration being for the benefit of people -- avoiding overconcentration for the benefit of people who are disabled. And, in fact, I think Staff did get it right here, and it's been wrong the way they have been presented it to you, and I think that it's wrong in the Ordinance, is that the only time you should appropriately consider overconcentration is when it's to establish that there is a benefit to people with disability, i.e., we're' not going to give you housing. We're going to deprive you of the ability to get housing, which we have repeatedly told the Federal government you need here in town, because that would put you in an overconcentration. So by doing you a favor, we're denying you the opportunity to housing. But I think it's most important here for purposes of your termination is that nowhere in these volumes of papers that we get before the 4th of July holiday is there any evidence to show that this is PRECISE REPORTING SERVICE (800) 647 - 9099_ NCR UP /RA 00928 93 1 t 1 2 3 4 5 6 7 a 8 9 10 �� 11 12 13 14 17. 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 intended to benefit the disabled. None. Whatsoever. What you are given, essentially, is, at the end of day when you parse it all the way, is the yard stick. This facility is here at 70 feet. That facility is here. There's no evidence, meaningful competent evidence, to say that because of this proximity, because Newport Coast Recovery happens to be where it's located, people in other facilities who are disabled are being detrimentally affected in terms of their -- and there's just -- it's just not there. We're stating the standard, we're misapplying it, and we're not providing you with any evidence. If you would like, as the Hearing Officer, to say, "Look. I'm determining overconcentration just based upon the relationship of proximity of these places," you certainly are entitled to do that and make that finding. I mean, they are facts on the ground. But that in not a competent legal finding. The competent legal finding is because of this overconcentration, there has been detriment to specific disabled individuals. And I would argue, strenuously, depriving them of the opportunity of housing that we've repeatedly told the Federal government that we need is not of their benefit. It is a very pernicious standard that the City is applying here. And I won't be -- well, if you PRECISE REPORTING SERVICE (800) 647 -9099 94 1 2 3 4 5 6 7 8 9 MS#3 kMj 12 13 14 15 16 17 M -3 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 substituted any other protective class in for disabled, any other class for disabled, and you said, you know, "We can't have people living in this kind of proximity because of overconcentration of any other particular class of persons," we would all find it naturally quite offensive. And that's what's going on here, because there's no underlying analysis of it. Let me end on this issue about burden. Staff had to work late one night responding to telephone calls, and I do appreciate their diligence in doing that. But what is strikingly missing from your report here is any real competent evidence of the impact that this facility has on City services. I have been told, and it's not here. I don't see Police Department run sheets. I've been told that the number of runs that were made to this dwelling is comparable or fewer than would be made to a comparable multi - family housing unit in this part of the City. I've also been told that the relatively few of the run sheets I've looked at in 2008, that some of them had to do with parking. They were unrelated, because in Balboa, people park, and there were police called out, and they cited people. In other words, you're told that, why is this a burden? And we're told, one, because we worked late one PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00930 95 1 1 .: 2 3 4 5 6 7 8 9 PSl 11 12 13 14 15 MI 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 night. And second, because as a part of working late, we have found this evidence, that you have determined you can't make a finding on, is something that's going to keep us active. And that's just not competent evidence. That's not competent evidence. And where are the run sheets? And not just saying, "Okay, we can produce some run sheets that show that there were eight or ten police calls to this area." But let's go ahead and analyze those sheets, and show that they are truly connected to this dwelling, and that they are meaningful in the context of run sheets to understand how the police were responding to calls. Let's look at how the run sheets for comparable, comparable multi - family dwellings. I mean, you know, as what happens so often in this case with these applicants is we bring them in here and we focus on that, and we say how bad they are. But we put them in the context of the fact that there are people in the community, businesses that are operating that don't update their Web sites, other businesses that have contract dispute with customers, other people who do get the police called. We focus on one, and we think in isolation. Well, this is just not right, and I think that that's ultimately unfair. But what I think is most PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00931 0 1 (: 2 3 4 %,7 5 6 7 8 9 10 11 12 13 14 15 Fri 17 18 19 20 M 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 important -- well, I think that's ultimately unfair. Let me end on this point. You've been presented with information that, I think at this point, you should grant the reasonable accommodation based upon the information you have here. But if you are inclined to deny this reasonable accommodation -- and I'd urge to you grant it right now, it ought to be granted - and it ought to be granted, and let me be specific. And this is it -- ought to be granted, but it ought to be granted in the context of Staff's original report of 14 beds, okay? Because that was what Staff originally agreed with. And also I think that it's -- for consistency sake, we should get off 18, and let's go back down to 14, so that we say that we're looking at comparable numbers. Staff report is at 14, or waive all these specific requirements, put it down to 14. I think you ought to grant it, and I think that that's as well for all the reasons I've stated. But if you are inclined to deny it, I do think it's incumbent upon the process, in fairness to the process, that we have an opportunity to respond to what was written here. You know, just putting Bryant Woods, which is a 97 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00932 1 C 2 3 4 5 y3 6 7 8 9 M81 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 4th Circuit case, and pulling snippets out of it, but which is not a mainline case in terms of where the reasonable accommodation law is in terms of its application, to my mind, just by putting in Bryant Woods is not telling you a lot about what the law is, and why we believe fundamentally we're making an erroneous turn here. So I'd ask that you give the Applicant an opportunity to supply you with appropriate briefing to respond to what the City Staff has presented, if you're inclined to deny. But I'd urge you, there is ample evidence that's been presented here that you should grant this accommodation, 14 beds, original staff recommendation. I appreciate your time. MR. ALLEN: Does anyone else from the Applicant here or that would want to speak or -- MR. BRANCART: No. We presented what we need to say. MR. ALLEN: Okay. Does Staff want to make any responses to that? Should we wait until public -- MR. KIFF: I'm sure Mr. Bobko has some notes, too, and I will not address the legal ones. But Mr. Brancart, I wanted to some help answering a question that I actually asked back on April PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00933 98 G 1 t 2 3 4 5 6 7 8 9 10 li 12 13 14 15 16 `i 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 18th, and you asserted that it again, as did Mr. Newman, in his request to have Mr. Allen's original denial appealed. And it was that, indeed, Newport Coast provides a unique service in the community, that being the only men's only primary care facility in the Newport Beach. Quote, other facilities require 30 days of primary care prior to entrance. And as I stated to Mr. Newman back in April, I said, "To me, that implies that Newport Coast offers Day One non - medical detoxification services, something that ADP does, indeed, license." But I don't see on ADP's records where Newport Coast is authorized to provide non - medical detox. The classification on ADP's list, for Newport Coast is, quote, RES versus RES - Detox. And all that said, I might misunderstand how that works in the continuum of care. So I was hoping either you or Mr. Newman could inform me as to why and how -- whether or not you are, indeed, licensed by the ADP to provide non - medical detox, because that's not listed that way. MR. BRANCART: As I understand the continuum care issue, what makes this facility unique is because it's for individuals that come out of that initial -- and you heard reference to it earlier, 24 -, 72 -hour detox, 99 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00934 1 C 2 3 4 r �J 1'i 6 7 8 9 Kim I*] 12 13 14 15 16 17 18 19 20 21 22 23 24 2s NEWPORT BEACH RECOVERY - 7/7/2009 and they can go directly into that primary care -- primary care facility. And I can illuminate it further, because -- MR. ALLEN: Can you define what primary care is? Because you've used that term repeatedly. I didn't hear -- I hadn't heard that term before in this context. MR. BRANCART: It is that facility that individuals can go directly to, and this is a social model, not 'a medical model. MR. ALLEN: Who is establishing those definitions, and so forth? MR. BRANCART: It is my understanding that those are definitions that are used in both describing it from a governmental context, but also these are used in the industry terms of how we route people through a system to lead them to care. I do think that -- because I don't want to speak beyond my area of expertise, that I can go ahead and provide you with supplementation regarding this, -if the record is left open. If you're inclined to deny this application, then I'd urge to you leave the record open, let us provide you with that, so that we're not here relying upon my inadequate ability to explain what is unique about this housing, quite to the contrary of what you've PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00935 100 3 4 U 5 6 7 8 9 10 11 12 13 14 15 16 wJ 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 been told by the City. And I will do that. We'll just need time or my Co- Counsel can do that. MR. ALLEN: Okay., MR. KIFF: I think arguably, Mr. Allen, that's a fair thing for us to continue to look into, because it would be my assertion, based on what Mr. Brancart said, that there are, again, a number of care facilities in Newport that provide that identical model. But neither of us are experts on what ADP does and -- in part on the continuum care, which is why I asked the question. MR. BOBKO: Thank you, Mr. Allen. I will try to move quickly. I know there are people who would like to speak, so I won't consume the remaining time. I think, first and foremost, that we can put any questions about the Applicant's due process concerns to rest. There was clearly time to produce documents and refer to things on the Web site. This suggestion that there was not adequate time to prepare I think has now been laid to rest finally. Having said that, being that the City does not have to or that the Applicant does not share the City's obligation to produce everything that it intends to provide at that hearing, I have not had a chance to review the documents that Mr. Brancart has given to me for the first time about 8 minutes ago or 9 minutes ago. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00936 101 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 But I have had a chance to look at it just briefly, and I note, and I would direct the Hearing Officer's attention to the top of page 2, where it says "Homeless needs." So when we have the circle with the arrow, "persons with alcohol and other drug addictions," and then I don't know what the top of the box says. It only says "high," we don't know what the "high" refers to. But I'm willing to suggest that that document has to do with homeless people. And unless I'm misinformed, I don't believe that homeless people inhabit Newport Coast Recovery, because certainly they are unable to pay. I think if you flip through the document, you'll find other places where things have been provided to you, and they were given a rather rough going over. I also note on page 9, it suggests that the program that is circled, the first sentence says "This program provided access to recovery programs to homeless and low income individuals.', Again, harkening back to testimony that we heard at the beginning of the hearing from the woman who had a child there, the homeless and lower income individuals, I don't think, are the ones who are pulling up $35,000 for a stay. So I don't think that these documents are necessarily relevant at all. And certainly PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00937 102 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 BEACH RECOVERY - 7/7/2009 But I have had a chance to look at it just briefly, and I note, and I would direct the Hearing Officer's attention to the top of page 2, where it says "Homeless needs." So when we have the circle with the arrow, "persons with alcohol and other drug addictions," and then I don't know what the top of the box says. It only says "high," we don't know what the "high" refers to. But I'm willing to suggest that that document has to do with homeless people. And unless I'm misinformed, I don't believe that homeless people inhabit Newport Coast Recovery, because certainly they are unable to pay. I think if you flip through the document, you'll find other places where things have been provided to you, and they were given a rather rough going over. I also note on page 9, it suggests that the program that is circled, the first sentence says "This program provided access to recovery programs to homeless and low income individuals.', Again, harkening back to testimony that we heard at the beginning of the hearing from the woman who had a child there, the homeless and lower income individuals, I don't think, are the ones who are pulling up $35,000 for a stay. So I don't think that these documents are necessarily relevant at all. And certainly PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00937 102 ( , 1 is 2 3 4 (, 5 6 7 8 9 10 it Ewa 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 I don't believe that giving them such a short shrift here proves much of anything. The overconcentration, again, I don't want to get into too much of this, because I know there are people who want to speak. The City vehemently, vehemently disagrees that we are applying a.simple yard stick, as Mr. Brancart suggests. And we also take issue with the idea that there's no hard evidence in the record about impacts on the community. If we get in our time machine and harken back in December 8, 2008, there area number of people who gave testimony about very direct impact that they've sustained because of this place. Mr. Myers, Jeff Myers, said, and I quote, "I've lost tenants in my rental unit because of the proximity to noise and profanity coming from this place. So I've had a financial burden." Mr. Schoonover came forward and told us, "They use profanity all the day long. My truck has been stolen from in front of my house. There's been graffiti on it. It's been broken into three or four times. My stereo's been stolen." If we go, then, fast forward a little bit to January, January 12th, in front of you again, Mr. Bacich came forward, and you asked him who he was and if he was 103 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00938 1 (.` 2 3 4 � 5 6 7 8 �u V 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY 7/7/2009 the duplex owner that was the subject of the discussion. And he said, and I'm quoting now, "I own - -.I own 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." So all of this pointing to a simple yard stick belies the fact that, on at least two different occasions in front of you, people have come forward and given concrete evidence with direct impacts. It's certainly not hearsay about things that they have suffered because of the management and operation of the facility. Now, that is, of course, one facility of many. But I don't think it takes much extrapolation to say that if you have a number of facilities operating in a very close proximity in type of environment, it's not only bad for the people who are trying to regain their health, but it's also bad for the people who live next door. - And I will make one last comment about the pattern and practice. My colleague, Ms. Wolcutt, touched i on it briefly, but I'd like to suggest and I am aware that you have recently made a finding on this. But we have brought you not one incident. We PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00939 .■ 104 I 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 didn't come in here and say with an e-mail or something that was clearly speculative a position suggesting that the way that this place is operating is outside of the law. We brought you two people, and she's sitting right here. You got to hear her speak. Mr. Kiff found other woman who wanted to speak over the phone. Now, I can't provide with you data points over time. I certainly can't provide you with a line of people that would prove a pattern and practice. But given that this is the only evidence that's in the record, and that evidence was direct testimony from people who have direct experience with this operator, given that you have heard that, the only evidence that you, I think, can consider -- and again, I think that it is -- the City would suggest that it is within your purview to draw inferences from the evidence that's before you, that it is not unreasonable to believe that Newport Coast Recovery operates this way as a matter of course. The only evidence in front of you is that they do. Mr. Brancart has very -- assured -- strongly refused to provide any evidence to the contrary. You, yourself, noted in your last finding that you thought that he was under an obligation to do so. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00940 105 1 1 1 2 3 4 5 6 7 u 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 didn't come in here and say with an e-mail or something that was clearly speculative a position suggesting that the way that this place is operating is outside of the law. We brought you two people, and she's sitting right here. You got to hear her speak. Mr. Kiff found other woman who wanted to speak over the phone. Now, I can't provide with you data points over time. I certainly can't provide you with a line of people that would prove a pattern and practice. But given that this is the only evidence that's in the record, and that evidence was direct testimony from people who have direct experience with this operator, given that you have heard that, the only evidence that you, I think, can consider -- and again, I think that it is -- the City would suggest that it is within your purview to draw inferences from the evidence that's before you, that it is not unreasonable to believe that Newport Coast Recovery operates this way as a matter of course. The only evidence in front of you is that they do. Mr. Brancart has very -- assured -- strongly refused to provide any evidence to the contrary. You, yourself, noted in your last finding that you thought that he was under an obligation to do so. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00940 105 1 1 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 BEACH RECOVERY - 7/7/2009 So in most courts -- and again,; I understand that the strict rules of evidence don't apply here. But in most courts, when you have evidence, and you are able to draw reasonable inferences from that evidence, and that evidence is uncontroverted, we think the conclusion is that there is a pattern and practice here. And, in fact, there's no evidence to the contrary. Thank you. MR. ALLEN: All right. Unless there's something compelling, we need to get going with the public hearings, so okay. Let's open the public hearing, and, please, we've use a lot of time here, unfortunately, in all these presentations by the lawyers, but we need to hear from you, too. So come in and make it concise, and let's go.. MS. FUNDENBERG: Good afternoon. My name is Louise Fundenberg, F- u- n- d- e- n- b- a -r -g. I'm president of the Central Newport Beach Community Association. And it's been brought to my attention by many members that there's some people in our group that would like to speak but they have withheld, because they were afraid of -- let's put it out flat -- retaliation. And wonder if these people then could speak under the seal that was suggested, a seal of evidence, that would give them a chance to bring evidence to the PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00941 106 1 2 3 4 5 6 7 8 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 M NEWPORT BEACH RECOVERY - 7/7/2009 Hearing Officer. And that's my question. - -- Thank you. MR. ALLEN: Just generally speaking, that just does not -- is not done in the public hearing context for land,use matters, I'm certain. And I really don't think it would apply in this hearing context either. They're certainly more than welcome to present whatever they wish to by writing, and this Staff is very good about getting that written material out there, and that's every bit as important in our analysis as the voice communications here. MR. WOOD: My name is Douglas Wood. I live at 1214 East Balboa Boulevard. My family owns rental property at 1119 West Bay Avenue. In the midst of the overconcentration of commercial rehab for- profit businesses, directly across the alley from our property is 1132 West Balboa, a for- profit commercial rehab business. Nearby, at 1120 West Balboa Boulevard, is a non - licensed for- profit commercial or rehab business. Across the street, at 1115 West Balboa Boulevard, is another profit commercial rehab business. In the block -- in the next block north, at 1217 West Bay Avenue, is another for- profit commercial rehab business. Behind 1217 West Bay Avenue, at 1216 West Balboa PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00942 107 1 1 C. 2 3 4 ;..' 5 6 7 8 9 10 11 12 13 14 15 16 17 .' 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 Boulevard, is subject for - profit commercial rehab business. In this residential zone within the 1100 and 1200 blocks, there are five for- profit commercial rehab businesses. This is clearly overconcentration. This overconcentration results in fundamental alteration in the nature of the City's zoning program. Additionally, these rehab homes have resulted in an exorbitant waste of City time and resources, and that's a real expense. I urge to you deny the reasonable accommodation as recommended by the Staff. MR. ALLEN: Thank you. MS. OBERMAN: Denys Oberman speaking on behalf of Saul Benbothway (phonetic) and broker by the residence at 12th Street. With regard to the reasonable accommodation, first of all, Ism tired of being the mouth piece. There are a lot of people, the residence have suggested, that are afraid of retaliation. So I'd like to have that entered yet again in the record, and their reasons for fear are well founded. First of all, we wondered about this whole process of reasonable accommodation. So in addition to talking with the City Staff and others, we did directly contact an official HUD to obtain some clarification on PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00943 108 4,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is pt 20 21 22 23 24 P41 NEWPORT BEACH RECOVERY - 7/7/2009 this issue. And what we were advised is the following: One, obligations with respect to illegal operations. There is no obligation to consider or grant reasonable accommodation if either an individual with a disability or provider of housing to the so- called disabled does, in fact, demonstrate illegal behavior. So, that's our illegal practices that would be counter to the intent and the letter of the law, so -- MR. ALLEN: Did they give you something in writing? MS. OBERMAN: Actually, there was something on the Web site, which we followed up with HUD. And we have requested a written confirmation. Secondly, with regard to overconcentration, HUD did, again, affirm that overconcentration is not in the best interests of the disabled, and it is something that they look on with disfavor. Having said that, this is an emerging and non - maturing area of law. And the only place that there are any matrix of overconcentration that we've been able to find and that they were able to cite was in the courts. And there's specifically a case called Minneapolis -St. Paul, that was several years ago, where there was already existing overconcentration that was 109 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00944 17 18 19 20 21 22 23 24 P41 NEWPORT BEACH RECOVERY - 7/7/2009 this issue. And what we were advised is the following: One, obligations with respect to illegal operations. There is no obligation to consider or grant reasonable accommodation if either an individual with a disability or provider of housing to the so- called disabled does, in fact, demonstrate illegal behavior. So, that's our illegal practices that would be counter to the intent and the letter of the law, so -- MR. ALLEN: Did they give you something in writing? MS. OBERMAN: Actually, there was something on the Web site, which we followed up with HUD. And we have requested a written confirmation. Secondly, with regard to overconcentration, HUD did, again, affirm that overconcentration is not in the best interests of the disabled, and it is something that they look on with disfavor. Having said that, this is an emerging and non - maturing area of law. And the only place that there are any matrix of overconcentration that we've been able to find and that they were able to cite was in the courts. And there's specifically a case called Minneapolis -St. Paul, that was several years ago, where there was already existing overconcentration that was 109 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00944 1 2 3 4 14 15 16 17 18 19 5 6 7 8 9 10 25 11 12 13 14 15 16 17 18 19 NEWPORT BEACH RECOVERY - 7/7/2009 less concentrated -- and I'm getting rather long winded, and I apologize -- that was less concentrated that these five facilities within between 300 and 50 feet that Mr. Wood previously described. And furthermore, less concentrated than the number of the total number of facilities that we currently have even after this Ordinance has been implemented on the Balboa Peninsula /West Newport /Lido area. So they did affirm that overconcentration is a concern, and that they look on it with disfavor. So that's what we got directly from HUD relative to the issue of overconcentration. I believe the City got a similar indication based on the Staff report that I read. And lastly, why -- there is also an opportunity to look at reasonable accommodation, HUD says, on a case -by -case basis. So the taking into account various element of the situation and the facts and various factors that pertain to any specific case is something that's appropriate and acceptable to do, according to HUD. So I did just want to clarify those things. I think Staff did already cover them. And I want to lastly say that, why on earth should you grant a reasonable accommodation in the instance of the overconcentration and, probably more PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00945 110 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 less concentrated -- and I'm getting rather long winded, and I apologize -- that was less concentrated that these five facilities within between 300 and 50 feet that Mr. Wood previously described. And furthermore, less concentrated than the number of the total number of facilities that we currently have even after this Ordinance has been implemented on the Balboa Peninsula /West Newport /Lido area. So they did affirm that overconcentration is a concern, and that they look on it with disfavor. So that's what we got directly from HUD relative to the issue of overconcentration. I believe the City got a similar indication based on the Staff report that I read. And lastly, why -- there is also an opportunity to look at reasonable accommodation, HUD says, on a case -by -case basis. So the taking into account various element of the situation and the facts and various factors that pertain to any specific case is something that's appropriate and acceptable to do, according to HUD. So I did just want to clarify those things. I think Staff did already cover them. And I want to lastly say that, why on earth should you grant a reasonable accommodation in the instance of the overconcentration and, probably more PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00945 110 1 2 3 4 5 6 7 -1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 importantly, to an operator that's proven to operate repeatedly illegally in practice, and also irresponsibly with public health and safely risk? Thank you. MR. LOPEZ; Paul Lopez, 1125 1/2 Balboa. First of all, just in observing the process, I haven't been to all these hearings, is that we're in the midst of a reasonable accommodation hearing, and the Staff and the Applicant are still not very clear in regards to what primary care is, the differentiation of why this particular facility or operation provides something that unique here on the Peninsula. I would that this burden would fall on the shoulders of the Applicant. I heard that Dave asked the Applicant back in April. I think it's July 7th today. Why that hasn't been responded to. So if that becomes a key component of their argument, I'm quite surprised that they didn't come up with that definition. I think the impacts to the community, we talked about this Applicant as an operator. I think that is part of the use hearings that the management supervision of this facility has been very well documented by the community. So all the public feedback that we received as part of the use hearing I think would be applicable here. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00946 F *04 D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 �J 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 And I would just say that I think the record speaks that this operator has not -- has not managed this facility in the way that is not detrimental to the community. Thank you. MR. ALLEN: A number of people spoke -- and come, please come on up -- at the hearings previously on this, and "I would certainly be interested in hearing from anyone from the public who has observed a different level of conduct, improvement or lack thereof, since that time. MR. MATHENA: Larry Mathena, I'm going to go directly to that point. I just want to hit a couple of issues that were raised by the Applicant. Specifically - and I think Mr. Bobko did a good job discussing this, the statistical evidence presented. I just want to point out a few things. Even accepting the explanations given for those a statistics, the point of comparison here is not the City of Newport Beach as a whole, it's the Peninsula. The Peninsula generally is terribly overconcentrated, does have a disproportionate number of units and is, frankly, overburdened by them. It's number one. Number two, the characterization of the licensing on the ADP side for Newport Coast Recovery is identical to the recovery facility at Ocean Recovery a PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00947 112 0 10 11 12 13 14 15 16 B) 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 block away that this gentleman has disputed saying it provides something different. I don't understand how it can provide something different if they have exactly the same license. Above and beyond that, if you look at their Web sites, if anything, the implication is that Ocean Recovery provides more services, not less. So when you add that to the fact that Mr. Kiff is actually pushed for an explanation, I think the certainty until pressed on the point that the Applicant presents that, "Oh, they are unique," with no explanation why, whatsoever, and challenging some of the points that the City's made without support, there is no support that they have given for their unique status regarding primary care. Period. Not in the record and not in what's been said. And if that's such an important thing, by the way, for them to achieve, gee, that they are presenting something nobody else is, with such a lynch pinpoint for reasonable accommodation, I would think they would be packed for bear to deal with the point, and they are not. So I don't see that they presented any evidence to justify reasonable accommodation because they present something that anybody else does or doesn't. Secondly, to go back to the point that of high PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00948 113 1 2 3 4 5 6 7 �9 8 9 0 10 11 12 13 14 15 16 B) 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 block away that this gentleman has disputed saying it provides something different. I don't understand how it can provide something different if they have exactly the same license. Above and beyond that, if you look at their Web sites, if anything, the implication is that Ocean Recovery provides more services, not less. So when you add that to the fact that Mr. Kiff is actually pushed for an explanation, I think the certainty until pressed on the point that the Applicant presents that, "Oh, they are unique," with no explanation why, whatsoever, and challenging some of the points that the City's made without support, there is no support that they have given for their unique status regarding primary care. Period. Not in the record and not in what's been said. And if that's such an important thing, by the way, for them to achieve, gee, that they are presenting something nobody else is, with such a lynch pinpoint for reasonable accommodation, I would think they would be packed for bear to deal with the point, and they are not. So I don't see that they presented any evidence to justify reasonable accommodation because they present something that anybody else does or doesn't. Secondly, to go back to the point that of high PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00948 113 m, 13 14 15 16 17 18 19 20 21 22 23 24 25 a NEWPORT BEACH RECOVERY - 7/7/2009 priority, I do accept that the City, as a whole, does view taking care of disabilities -- including drug issues as a high priority. But that does not mean that at this particular location that it's not inappropriate to say that there are enough facilities, and that you don't have enough data to decide that reasonable accommodation is not granted. Specifically, based on the evidence in front of you, I question whether or not you can find that their facility enhances quality of life. We do have a high risk of an undue burden. And last but not least, overconcentration is here. You found it in the Use Permit, and there's no reason not to find it in this hearing either. Thank you. MR. ALLEN: We're moving rapidly toward our departure time. Who else would like to speak? And . whoever wants to speak next, hop up and getting right up here ready to go. MS. MC BRIDE: Hi. I'm Julie McBride. I live at 1200. And I just wanted to speak a little bit as to the change of the characteristics of the neighborhood. Our neighborhood is a great neighborhood. I have a 3- year -old son, but I don't take my son down the alley PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00949 114 1 f 2 3 4 5 6 7 8 9 10 11 12 m, 13 14 15 16 17 18 19 20 21 22 23 24 25 a NEWPORT BEACH RECOVERY - 7/7/2009 priority, I do accept that the City, as a whole, does view taking care of disabilities -- including drug issues as a high priority. But that does not mean that at this particular location that it's not inappropriate to say that there are enough facilities, and that you don't have enough data to decide that reasonable accommodation is not granted. Specifically, based on the evidence in front of you, I question whether or not you can find that their facility enhances quality of life. We do have a high risk of an undue burden. And last but not least, overconcentration is here. You found it in the Use Permit, and there's no reason not to find it in this hearing either. Thank you. MR. ALLEN: We're moving rapidly toward our departure time. Who else would like to speak? And . whoever wants to speak next, hop up and getting right up here ready to go. MS. MC BRIDE: Hi. I'm Julie McBride. I live at 1200. And I just wanted to speak a little bit as to the change of the characteristics of the neighborhood. Our neighborhood is a great neighborhood. I have a 3- year -old son, but I don't take my son down the alley PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00949 114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ] `o 21 22 23 24 LU NEWPORT BEACH RECOVERY - 7/7/2009 past this home, nor do I take him down the boulevard in front of this home. And the reason being is I don't want my son to hear that kind of language that I hear consistently coming from this house, or to inhale the second -hand smoking that I hear or smell in the alley when I'm walking past. So it has changed the character of our neighborhood, and I just wanted to let you know that, at least in my household, we feel it. Thank you. MS. WILLIS: Hi. Christina Willis again. I did want to thank you very much on what he was talking about, you know. They talk about the Fire Codes, and whatnot. When you have 15 or 14 residents, plus all of these staff, that's out there smoking and flicking cigarette butts, I guarantee there's a Fire Code hazard. And my boys weren't allowed to lock their doors at night. I thought that was pretty interesting. These are young kids that can't lock a door, and you've got grown men coming in and out who are convicts that have told the boys, "Well, I was in prison for 15 years, and this is what I did," and giving them an explanation of that type of thing, which was unnecessary. They didn't know who these people are that they are supposed to be PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00950 115 r r 1 040 2 3 4 5 6 7 8 9 10 lei 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 looking up to to change their life. As far as the specialty, when we got there, we were promised detox with these boys. In the contract, it states they have to be detoxed for 72 hours beforehand. They specifically asked the boys, and they did drug test and they come up positive. But they never sent them anywhere. They argued whether or not to send them to Hoag or to just let them sleep it off. Of course, being that Christopher had diabetes, he could have died. It was very risky to his life. There was nothing special about that. The kids were suffering. They begged and begged to get some kind of specialty help, going to the doctor to detox, to get some kind of a pill, anything to help them, which I know now that Ativan could have helped. We were told by a woman on Mike's staff point blank, "There's no detox for cocaine. There's nothing." And I'm offering this up because, again, I would never want to see anybody put children through that or even grown men. I mean, a drug habit is a bad thing. We all know that. But it can cause death. It can cause death if it's not handled properly. And it wasn't. There was nothing special about that. And last but not least, I read all of these PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00951 116 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 cover to cover back before all of this. And I realized that in the public hearings, Mr. Newman had mentioned several times that nobody had cars on the premises. That was actually a resident there. That's untrue as well.' Like I said before in my statement, my child was getting in the car with another resident that lived there, because his car was parked right out front. So, getting in there, driving, going•to places at night, I was completely unaware that they were even leaving the premises. And we were promised that he would be well watched over, flashlights in the room the whole night, all that. Never, there was nothing special about that. So I would hope they deny it. MR. ALLEN: Anyone else? MR. WILLIS: Hi. My name is Joseph Willis, I W- i- 1- 1 -i -s. MR. BOBKO: Do you have any questions? MR. WILLIS: Do I have any questions? Do you have any questions? MR. ALLEN: How old are you? MR. WILLIS: 17 years old. I give permission. MR. ALLEN: I don't have any other questions. Thank you. MR. WILLIS: Thank you. MR. ALLEN: Anyone else wish to speak? PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00952 117 I D 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 BEACH RECOVERY - 7/7/2009 Okay. We're already out of time. But, okay, Mr. Brancart? MR. BRANCART: Just to rebut. We end with the Applicant being able to speak to the issues. MR. ALLEN: All right. What can we do time -wise here? Because I don't want to deny anybody the opportunity to say what they'd like to say. The public hearing is closed, incidentally. And if we can -- I don't know. What do you suggest? MR. KIFF: My intent, Mr. Allen, was to allow the Park, Beaches and Recreation Commission to meet as scheduled on -- at 6. I am seeing, though, that they may have canceled their meeting at this time due to a lack of a quorum from an e-mail. So I suppose we could stay longer if we need to. MR: ALLEN: It would be highly desirable to put a wrap on this tonight, I would think. MR. KIFF: Understood. MR. ALLEN: Can we do that? I mean, is there anyone that's compelled to leave that's instrumental to the decision- making process? All right. Then, Mr. Brancart, would you like to go ahead and make a presentation here to put a wrap on it? MR. BRANCART: I will, and I will be brief. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00953 118 E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 i 20 21 22 23 24 25 NEWPORT BEACH RECOVERY 7/7/2009 MR. ALLEN: I wouldn't feel the need -- don't feel the need to be brief as long as we have the time. MR. BRANCART: It's self - inflicted. Let me , make three observations. First, as indicated at the initiation of this rather lengthy afternoon, I indicated to you that we would provide you with a substantial amount of material. Counsel concedes that it was before the 4th of July holiday. If you are inclined to deny the reasonable accommodation, I ask that we be permitted to submit a written submission that we were unable to do that because, essentially, we had six days with a holiday, and, of course, there may have been additional time taken off as well. And I think it's worth doing. Second of all, I would urge that -- well, second of all, speaking about the issues that were discussed in the first use hearing and also reiterated here, it is extremely problematic for any person, in this case, the Applicant, to come before you and rebut allegations of misconduct that occurred two or three, five or six times more than 'a year ago. As I read through the transcript, what I was struck by was individuals who felt genuinely hurt by these quality -of -life infractions, smoking, cussing, and 119 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00954 1 2 3 4 61 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 sometimes people parked their van in the wrong place. Another van breaking. Someone put trash in someone else's trash can. It is impossible for the Applicant to rebut those types of allegations. And what I have said before -- and I know it is true of Newport Coast Recovery now -- is that if, in fact, there are these complaints of quality -of -life infractions, the proper and responsible course is to contact the police, because only the police, not this hearing, months and sometimes years after the fact of individuals, only the police can determine was there, indeed, an infraction, and what is the source of the infraction? The gentleman claims his car was vandalized and a truck stolen. We will never know who that person was who actually did the vandalizing or stealing the truck. The other gentleman claimed that, in fact, trash was put into someone's trash can. We'll never know who put the trash there. There was a claim that there was wiring that was done that perhaps was done improperly. We'll never know that the wiring was that was not done. This is why we have code enforcement and police officers who can, at the time of the alleged infraction is occurring, go to the scene, observe the infraction, and determine the 120 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00955 i 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 BEACH RECOVERY - 7/7/2009 source of it. Because what we have right now is just, well, in many cases, we have speculation. In other cases -- and it puts the Applicant in an impossible position to respond to those, quote, quality -of -life infractions, unquote. And these are serious, and I don't mean to minimize it, and I'm not. But it does put us in an untenable position, and there's certainly no way to make a determination to know who did what and who was responsible for what happened. The second thing I would say is, to go back and reiterate what I said before, is that there are some objective standards, but they have to be measured in the context with other similar facilities, like similar apartment building, or things like that, run sheets and thing like that, which, you know, we're not presented with. These are objective. And it's not just saying "Here's the run sheet." But what were these offenses they are running? Were these offenses, not just by tag, by address, but were they actually truly people in the housing that we're claiming about? The last observation I would make is this, because of the shortness of time. There was a question that was raised by the City. I've asked you if would you 121 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00956 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s EW. 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 please take a look at the State's Housing and Community Development Web site concerning licensing. I reiterated we would like an opportunity to file a written response to you in response to the City's Staff report, and I think, frankly, that's fair. I mean, you know, just amongst lawyers here, you don't get hundreds of pages of document the day before a three -day holiday, and then be expected to come to a hearing and respond to it. That's just generally not the way these types of determinations are handled. And this is not -- and I want to be clear on this. This is not to say that the City was not working hard and diligently. I'm sure they were working hard. But the fact of the matter is, it is patently difficult and in some ways was unfair to ask an applicant to respond to that notice on a Tuesday afternoon, when we have one day before the 4th of July holiday. That's the long and the short of it. I really appreciate your time, and thank you. MR. ALLEN: Does the City want to do a response MR. BOBKO: I only say, if it's your inclination to go, we'd stipulate to a brief, if you think it would help. MR. ALLEN: That's fine. One thing I'm not PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00957 122 1 1 2 3 4 5 6 7 8 9 FS9 11 12 13 14 15 16 RFA 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 going do is go find the City's Web site, and then housing element and try to ferret out what might be going on in the housing element, and so forth, with this. So if you have something that -- please present it, because I won't do that. MR. BRANCART: Understood. MR. ALLEN: And correspondedly, if the City has any issues that it believes can support or otherwise controvert Mr. Brancart's claim of the housing element, let's go ahead and submit that. Okay. Anyone else need to say anything or MR. KIFF: Mr. Allen, I would ask that if, indeed, you're leaning towards some additional information being provided to you, I think it is important for the Applicant to address a couple of things that we've raised. We -- I think the City has an obligation to discuss the pattern or practice, and I believe we have shown, but can show in a more concise method, how there's a pattern and practice of breaking the law. We've seen just today about Ms. Golden's testimony, Ms. Willis' testimony, Mr. Hamilton's e-mail. I would also like the Applicant to come back and answer a couple of questions for me that I raised in the Staff report. And I think Mr. Brancart's point is PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00958 123 1 2 3 4 _ 5 6 7 u) 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 well taken that, "Gosh, Web sites get outdated." But there are a couple of key things. One, especially, is that their medical advisor, who is Dr. Michael Rudolf, who may be a terrific guy, but the Web site says that he is board certified in addiction medicine. And if I'm Ms. Willis at home in Henderson, Nevada, I think I might look to that and say, "Gosh, this is a place where I want to be." Well, it turned out, at least from what I -- my limited research, and it involves calling his office, he's not board certified in addiction medicine. And this is something that gets to the heart of a thing that we've discussed a little bit here today is that Newport Beach, as a City, is not in a position to directly decide licensing issues for ADP. But we're certainly in a position to say, for people like Mrs. Willis coming from out of state, that we have a regulatory device that allows us -- if a business is here, that it's a credible business, and especially the way -- as important as recovery is to people, that it's a good recovery business. And we have allowed now, what, upwards of 280 beds from what I think are good, reputable companies. And when I see things like that, that there may PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00959 124 w 3 4 5 6 7 8 9 10 11 12 ES93 14 15 16 17 is 19 20 21 22 h #3 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 be overstating the qualifications of their own medical director, I think that's a business that the community here doesn't want to be associated with. And I guess that's where maybe my lay person's understanding of this as a Staff member is that I don't want to look Ms. Willis in the face and say "That's a business that is here and is operating, apparently, in violation of the things that our Ordinance was meant to protect her and her child from." So with that, I'd make that one request, after that long - winded comment about verifying Dr. Rudolph's board certification, and the couple of other things are always helpful to understand what truly is correct on that Web site with the four issues that I raised. Thank you. MR. ALLEN: Okay. From my perspective, as the Hearing Officer, I am strongly inclined -- I'll wait until you gentlemen complete your conference. I am strongly inclined to deny this reasonable accommodation application. And the primary focus of my thinking remains the overconcentration issue that I think was founded in the first Resolution we did. I fully understand Mr. Brancart's comments with respect to a lack of specificity, that all we have is a yard stick. But there's a lot more to it than that that PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00960 125 10 11 12 13 14 15 16 17 18 kw. 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 is subjective and judgmental. But that yard stick really helps out there on the ground, on the street, as to how many there are per block or unit, and ,I realize this doesn't take into account density. But my feeling, personally, and what I plan to do in future ones, if they came forward, where there was, in fact, another overconcentration issue, was to look very carefully not just at whether a facility existed, but whether -- how many beds there were and what the nature of the intensity and density of the use was. And Mr. Wood made a good point in describing how many there are right here in this immediate location. So,in any event, my inclination, strongly, is to deny the'reasonable accommodation on that basis and also on the basis of the lack of necessity. I think there's a much stronger burden that should be carried here to demonstrate the need for the facility. And that, in turn, does tie in to Mr. Brancart's contention about primary care and comments by the public or two that the same kind of care can be obtained, quote, unquote, right across the street. So here's an additional point I see. As the Hearing Officer at this level, I would like to get as much input as I could on behalf of the City, because it turns out that, in this process that the City has PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00961 126 4 5 6 7 8 10 11 12 13 14 15 16 17 18 kw. 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 is subjective and judgmental. But that yard stick really helps out there on the ground, on the street, as to how many there are per block or unit, and ,I realize this doesn't take into account density. But my feeling, personally, and what I plan to do in future ones, if they came forward, where there was, in fact, another overconcentration issue, was to look very carefully not just at whether a facility existed, but whether -- how many beds there were and what the nature of the intensity and density of the use was. And Mr. Wood made a good point in describing how many there are right here in this immediate location. So,in any event, my inclination, strongly, is to deny the'reasonable accommodation on that basis and also on the basis of the lack of necessity. I think there's a much stronger burden that should be carried here to demonstrate the need for the facility. And that, in turn, does tie in to Mr. Brancart's contention about primary care and comments by the public or two that the same kind of care can be obtained, quote, unquote, right across the street. So here's an additional point I see. As the Hearing Officer at this level, I would like to get as much input as I could on behalf of the City, because it turns out that, in this process that the City has PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00961 126 C. �s 5 6 7 8 9 10 11 12 13 14 15 16 ilrA 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY — 7/7/2009 adopted, the City Council really can't ask for additional information on appeal, and it makes it for difficult for them. So I think that we should take a relatively short period of time, and you're working on a date, by which both sides can present that additional information. And then that can become a part of the record as the final decision is made and provide a more complete record for the City Council. So once again, I have that strong inclination, which conceivably can be overturned if there was a compelling, unique service provided by this that was not elsewhere available along the mid Peninsula. That would make a significant difference. I accept that. So with that in mind, is there a date to which we can continue this? And incidentally, we don't need any more public hearing, in my estimation. I don't want to diminish the importance of that, but we've really heard a lot from the public, and they have said the same things again. And I really do understand what their position is with regard to these, and I take that strongly into account in looking at this. But I don't think we need any additional public hearing presentation. If someone needs to make a presentation, they can send something in PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00962 127 1 C' 2 3 4 C. �s 5 6 7 8 9 10 11 12 13 14 15 16 ilrA 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY — 7/7/2009 adopted, the City Council really can't ask for additional information on appeal, and it makes it for difficult for them. So I think that we should take a relatively short period of time, and you're working on a date, by which both sides can present that additional information. And then that can become a part of the record as the final decision is made and provide a more complete record for the City Council. So once again, I have that strong inclination, which conceivably can be overturned if there was a compelling, unique service provided by this that was not elsewhere available along the mid Peninsula. That would make a significant difference. I accept that. So with that in mind, is there a date to which we can continue this? And incidentally, we don't need any more public hearing, in my estimation. I don't want to diminish the importance of that, but we've really heard a lot from the public, and they have said the same things again. And I really do understand what their position is with regard to these, and I take that strongly into account in looking at this. But I don't think we need any additional public hearing presentation. If someone needs to make a presentation, they can send something in PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00962 127 1 C 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 [V] 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 writing within the period of time. MR. BRANCART: Thank you. I agree with that analysis, except for the part that you're strongly inclined to deny the application. I agree with the analysis that there are issues that do call for further information. What I would propose is this: To gather -- this information be gathered largely by my Co- Counsel, Steve Polin, and Mr. Polin is the one we've discussed that handles the administrative City side of things. I would estimate that to pull that together, we should have 10 days. And then after 10 days -- two weeks from today. And then after that, what I would like -- because I agree with you. We have had ample public comment -- because he is located out of state, that what we could do is convene a telephone conference, we convene here. He could appear telephonically, and largely it's a discussion of what is the information that's now presented addressing these specific issues, if there's a need to present any. Well, that would be my proposal Would that be acceptable to you? MR. ALLEN: I think that works. We can convene here is what you were suggesting, and then Mr. Polin could be conferenced in and make his whatever additional PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00963 128 1 (; 2 3 4 C, 5 6 7 8 9 J 10 11 12 13 14 P" 16 17 18 19 20 21 22 23 24 25 NEWPORT BEACH RECOVERY - 7/7/2009 presentation he would like to make. MR. BOBKO: I don't see any need to conference anyone in. I think this can be done on paper. 2 think we can merely brief this completely. I'm a little reticent to start going through, you know, Mr. Polin. Hut he won't present any testimony. Mr. Polin can't present testimony. So I don't see any need to reconvene by tele- conference or otherwise. We can just do this on paper. MR. ALLEN: That's fine. MR. BRANCART: I don't entirely disagree with Mr. Bobko. But what I have found is that once you review the submissions, you may have questions. So I would propose that, why don't we set that within two weeks, we'll submit our responses. If that's submitted directly to you and copied to the other side, we can do that, or we'll submit it directly to the City attorney, and they will provide a copy to you, whatever procedure we're directed to do. And then after you've had an opportunity to review them, if you have questions, then you, as a Hearing Officer, have the authority to convene any kind of conference you want. And we can do it in a three -way conference call from your office and the City attorney's office and Mr. Polin in Washington D.C. PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00964 129 NEWPORT BEACH RECOVERY - 7/7/2009 1 MR. ALLEN: I think that works. So 2 let's -- each side -- I'm fine with two weeks to make the 3 submissions. I think Mr. Bobko's point is well taken. 4 And if it does necessitate a conference, we'll 5 do it. But there wouldn't be one scheduled at this , 6 point. And I would base it upon the written material, 7 then render a determination, either recorded at City 8 offices or simply in writing, and probably the latter. 9 MR. BRANCART: Thank you. 10 MR. .ALLEN: All right. I think that 11 concludes -- unless there's anything? 12 That concludes our hearing, then. Thank you 13 very much. 14 (Ending time: 6:07 p.m.) 15 16 "} 17 18 19 3 20 21 22 23 24 25 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00965 t'. �;j M 1 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, 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 2 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:_ JUG 5 200 Lau a A. Miilsap, RPR CSR No. 9266 NCR UP /RA 00966 P NCR UP /RA 00967 Ile abandoning (1) 8:9 abate (2) 43:7 66:13 abatement (2) 67:13,22 ability (7) 25:3 28:5 54:15 68:2 87:12 93:17 100:24 able (9) 8:25 21:22 26:25 34:1190:22 106:3 109:20 109:21 118:4 above- referen... 71:21 absolutely (2) 87:5 92:14 absorb (1) 22:4 abundance (1) 90:13 abuse (6) 7:5 86:14,23 88:21 89:2,9 accept (5) 12:16 44:157:14 114:1 127:14 acceptable(4) 27:12 54:4 110:20 128:22 acceptance(1) 57:15 accepted (1) 7:8 accepting (1) 112:17 access (1)102:18 accommodate ... 72:14 accommodatio... 4:19 5:5,19 6:10 19:12 29:4 43:8 58:12,23 59:3 NEWPORT BEACH RECOVERY - 7/7/2009 59:19 60:2,18 61:10,11,12,14 61:16,20,23,25 65:6,14,20,25 66:1,21,22 67:3,23 68:8 68:12,15 70:22 76:8,16 78:23 83:21,22 91:8 91:16 97:5,7 98:3,13 108:11 108:16,23 109:4 110:16 110:24 111:8 113:20,23 114:6 119:11 125:20 126:14 accommodatio... 60:5,6,1173:4 74:7 account (5) 35:22 46:20 110:17 126:4 127:22 accurate (4) 18:15,15 86:18 131:11 achieve (7) 61:8 65:15 69:15 76:20 79:4 80:23 113:18 achieved (1) 69:23 acquired (6) 5:15 31:25,25 32:5 56:9,18 act (5) 43:4,5,6 60 :3,12 acted (1) 5:14 action (1) 131:14 active (1) 96:4 activities (2) 44:19 87:10 activity (1) 89:12 actual (1) 47:17 add (6)22:17,21 50:4 52:5 92:25 113:8 addiction (3) 87:22 124:5,11 addictions (4) 86:10 87:9 88:18 102:6 addition (3) 11:16 26 :17 108:23 additional (15) 12:1918 :7 44:2,5,6 53:6 55:764:3 119:14 123:13 126:22 127:1,6 127:24128:25 Additionally (1) 108:8 address (5) 77:19 89:8 98:23 121:21 123:15 addressed (1) 85:2 addressing (1) 128:19 adequate (4) 12:13 18:10 51:24101:18 adequately (1) 13:1 adjudicate (2)- 13:19 14:18 adjudicated (2) 57:7,8 administered (1) 89:21 administrative... 3:916:10,10 16:1917:22 26:13 27:15 28:9 44 :11 61:2 68:20 71:6 76:9 78:15,20,21 128:10 admissible (1) 92:22 admit (1) 71:5 admitted (3) 41:8 55 :16 56:1 adolescent (3) 7:16,18,21 adolescents (1) 7:22 adopt (3) 62:16 91:9,18 adopted (7) 55:2 61:8 64:8 79:4 88:1,8 127:1 adoption (1) 58:19 ADP (25) 7:10 7:18,1910:2,4 10:8 13:10 14:10,20,23 16:2 17:21 26:3 30:4 35:16 57:7 67:14 72:23,23 79:9 99:12,20 101:9 112:24 124:16 ADP's (2) 99:12 99 :14 adult(2)7:11 19:24 adults (2) 41:22 42:14 advance (4) 8:20 22:1,2 76:24 advantage (1) 48:12 adverse (5) 69:19,24 80:13 92:23 93:1 advised (1) 109:1 advisor (1) PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00968 124:3 advocacy(1) 57:3 affiliated (1) 21:6 affirm (2) 109:15 110:9 affirmatively (1) 65:20 afford (5) 36:25 60:7,20 65:10 77:17' afforded (2) 27:17 42`.15 afraid (4) 41:23 41:24 106:22 108:19 afternoon (6) 40:2143:10 83:17 106:16 119:6 122:16 after - acquired... 4:23 5:2,226:1 6:12 10:13 12:20 13:18 18:2 19:5,10 29:3 83:9 age (1) 7:24 agencies (4) 14:11 15:1 16:1187:13 agenda (4) 4:6 5:17 58:22 92:20 ago (9) 12:11 18:7 34:24 47:8 83:4 101:25,25 109:24 119:22 agree (5) 34:14 34:18 128:2,4 128:14 agreed (1) 97:13 agrees (1) 20:3 ahead (9) 26:5 28:14 31:12 1 I 46:14 91:3 96:9 100:18 118:23 123:10 AI (1) 48:5 Albertson's (1) 9:7 alcohol (4) 79:13 86:10 87:9 102:6 alcoholic (2) 64:25 81:14 allegation (3) 12:7,8 30:9 allegations (13) 12:24 16:5 17:1,17 20:10 21:22 22:25 23:25 24:3,8 40:25 119:21 120:5 allege (1) 12:25 alleged (6) 7:12 7:23 9:1123:9 23:11 120:24 alleging (1) 15:24 Allen (90) 1:9 4:4,7 5:8,9 10:14,17,21,23 15:22 18:22 25:19 27:4,8,9 28:19,23 29:5 29:10,12 31:22 32:25 33:5,7 34:14,2139:21 40:6,10,19 44:24 45:4,11 45:19,23 46:2 46 :9 49:1,8,15 49:19 50:6,12 50:15,19 52:18 52:19 53:19,21 54:22 57:17 58:6,9,13,18 58:21 81:25 82:14,18 98:16 NEWPORT BEACH RECOVERY - 7/7/2009 98:20 100:4,10 101 :3,4,11 106:9 107:3 108:12 109:9 112:6 114:16 117:14,20,22 117:25 118:5 118:10,16,19 119 :1122:20 122:25 123:7 123:12 125:16 128:23 129:10 130:1,10 Allen's (1) 99:2 alley (3) 107:17 114:25 115:6 allow (9) 26 :10 45:9,13 53:5 61:1173:5 75:14 79:9 118:10 allowed (7) 12:16 34:7 36:148:1 70:15 115 :18 124:22 allowing (2) 34:2 69:15 allows (3) 7:16 65:19 124:19 all -male (4) 84:13,14,24,25 Alms (1) 35:15 alter (2) 68:8 79:20 alteration (5) 61:4,6 68:22 78:24 108:6 alterations (2) 79:24 80:5 alternate (2) 67:7 75:4 alternation (1) 82:23 alternative (1) 62:2 alternatives (1) 67:20 amazing (2) 37:23 40:2 ambulance (1) 39:18 ameliorate (1) 54:5 amenable (1) 53:7 Amendments (... 60:12 amount (5) 4:25 22:3 24:8 26:16 119:7 ample (2) 98:11 128:14 analysis (15) 62:13 65:8 66:16 69:4,5 70:10 74:2 82:3,23 91:23 92:24 95:7 107:10128:3,5 analyze (1) 96:9 analyzed (2) 59:20 66:7 analyzing (1) 61:19 anecdotal (2) 82:1190:14 anecdotally (1) 85 :8 Angeles (1) 3:5 annual (1) 85:20 answer (5) 36:9 37:25 38:21 53:24 123:24 answering (1) 98:25 answers (1) 6:7 anticipate (1) 71 :5 anticipation (1) 11:7 anybody (5) 59:25 80:14 113:24 116:19 118:6 anyway (1) 35:14 APA (1) 64:21 apartment (4) 67:15 69:10 75:10 121:15 apologize (1) 110:2 apparent (2) 7:9 31:16 apparently (4) 7:7 40:3 63:3 125:7 appeal (3) 10:16 32:16127:2 appealed (2) 5:13 99:3 appear(i) 128:17 APPEARANC... 3:1 applicable (4) 6:16 53:12,14 111:24 applicant (75) 5:11,20,24 6:5 6:7 10:23 11:1 11:912:1 19:15 21:15,21 21:25 22 :5 23:3,3,12,13 23:16,22 24:1 24:11,13,14 26:10,22 28:6 28:11,12 34:8 45:3,10 50:20 50:23 52:3 53:5 55:21 58:1,22 59:5,7 59:18 62:2 63:14,15 66:19 73:5,2174:2,5 74:13 76:19,22 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00969 77:2179:25,25 80:18 82:18 83:10 98:8,16 101:21 111:9 111:14,15,20 112:13 113:10 118:4 119:20 120:4 121:4 122:15 123:15 123:23 applicants (5) 22:12,12,13 33:17 96:16 Applicant's (8) 19:2,4 23:8,9 25:3 62:12 70:10101:15 application (8) 4 :12 24:14 58:2 76:13 98:4 100:21 125:20 128:4 applications (1) 4:9 applies (1) 59:15 apply (13) 27:16 28:8,18 44:15 51:13 64:15 76:15,17,22 83:25 92:3 106:2 107:6 applying (3) 76:22 94:25 103:6 appreciate (8) 33:2146:9 49:6,22 57 :22 95:10 98:15 122:19 appropriate (4) 33:1176:14 98:9110:20 appropriately ... 93:13 approve (1) 59:9 approved (4) E I 24:15 67:11 88:190:16 approximately... 59:18 April (7) 5:13 7:3 71:15 72:8 98:25 99:9 111:15 area (8) 69:20 70:8 74:20 79:15 96:8 100:18 109:19 110:9 areas (5) 69:5,6 69:22 79:23 80:2 arguably (2) 53:5 101:4 argue (1) 94:21 argued (1) 116:7 argument (2) 30:23 111:17 arises (1) 30:18 arrived (1) 91:1 arrow (1) 102:5 aside (3) 30:21 30:21,22 asked (35) 7:25 11:12,12,21,23 12:3,12,15 13'.19 17:8,11 17:12,13 29:23 46:20 50:24 62:15 63:19,24 63:25 64:1,9 64:15 65:15 73:19 74:2,10 75:17 92:12 98:25 101:10 103:25 111:14 116:5 121:25 asking (12) 24:5 24:6,25 25:1,4 25:14,1729:10 29:1132:13 73:14,25 NEWPORT BEACH RECOVERY - 7/7/2009 asks (1) 49:16 aspect (2) 34:15 73:24 assert (2) 9:8 71:13 asserted (1) 99:1 assertion (2) 52:20101:6 assess (1) 89:2 assign (1) 16:8 Assistant (2) 3:8 3:9 assisted (1) 87:10 Associate (1) 3:9 associated (2) 44:20 125:3 Association (1) 106:18 assuming (1) 37:8 assured (3) 38:5 39:11 105:22 Ativan (1) 116:15 attached (1) 19:22 attachment (1) 52:24 attempted (1) 9:24 attempting (3) 9:3,15 66:13 attended (1) 43:12 attention (3) 8:12 102:3 106:19 attorney (7) 3:8 3:13 18:25 35:24 59:15 129:18 131:15 attorneys (1) 36:8 attorney's (1) 129:24 audience (2) 5:10 59:12 authorities (1) 44:14 authority (1) 129:22 authorized (1) 99:13 authorizes (1) 67:8 authorizing (1) 7:21 automobile (1) 81:10 available (7) 67:9 82:4 84:18 85:9 88 :23 90:21 127:13 avenue (6) 3:5 35:25 36:7 107:14,24,25 avoiding (3) 70:7 79:20 93:7 aware (3) 41:6 82:1 104:23 awhile (1) 55:17 B baby (1) 36:14 Bacich (1) 103:24 back (42) 8:8 9:3 9:9,10 10:6,7 24:16 28:7 29:2131:18,24 32:16 33:12,19 35:23 36:22 38:17 40:17 44:3,4 47:3,8,9 48:2,8 52:8 53:17 56:12,13 56:16,17 72:19 97:15 98:25 99:9102:20 103:10 111 :15 113:25 117:1 121:11 123:23 background (2) 5:9 60:2 bad (6) 35:7,11 96:17104:18 104:20116:21 Balboa (12) 5:12 40:23 41:5 67:15 95:22 107:13,17,19 107:21,25 110:8 111:5 bank(1)37:10 Barbara (1) 35:15 base (1) 130:6 based (19) 11:12 11:22 13:22 17:131:3 33:13 34:17 42:9 56:11 57:9,24 82:22 83:1 85:23 94:14 97:5 101:6 110:13 114:8 basic (3) 61:7 70:20 81:16 basically (3) 8:23 9:6 92:12 basis (7) 7:19 55:10 81:20 85:21 110:17 126:14,15 battle (1) 37:14 Bay (3) 107:14 107:23,25 beach (30)1:10 2:8,9 3:3,7,10 4:16:18 8:5 52:13 58 :24 62:5,9 63:8,20 65:18 67:8,19 75:19 76:6 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00970 85:11,16 86:3 87:6 88:11,15 99:6 106:18 112:19 124:15 Beaches (1) 118:11 bear (3) 15:7 25:8 113:21 bearing (1) 44:25 bears(1)25:3 bed (1) 91:8 bedroom (1) 64 :3 bedrooms (1) 75:11 beds (13) 67:14 75:2182:12 84:18 85:9 89:3 91:7,15 91:17 97:12 98:13 124:23 126:9 beg (1) 90:6 begged (2) 116:12,12 beginning (2) 2:9 102:21 behalf (7) 2:7 23:8 40:22 43 :24 60 :15 108:13 126:24 behavior (1) 109:6 belies (1)104:10 believe (35) 6 :22 6:24 19:20 20:19 21:20,24 22:7 24:21 25:6 26:15 29:1 36:6 43:3 43:24 45:2 46:6 51:152:7 56:5,10,20 57:11,24 70:16 71 :14,17 72:10 3 } 7 1) 98:6 102:11 103:1 105:18 110:12 123:18 believes (1) 123:8 belong (1) 36:6 Benbothway (1) 108:14 Bend (1) 8:14 beneficial (1) 74:22 benefit (17) 34:1161:24 62:165:22 66:23 67:1,4 74:10,14,15 75:4 76:193:7 93:8,15 94:1 94:23 best (6) 23:4 27:17 36:21 37:22 52:9 109:16 better (4) 9 :22 48:25 79:16 82:7 beverage (2) 64:25 81:14 beyond (3) 33:3 100:18 113:5 bias (1) 32:15 biggest (2) 12:21 12:22 bit (10) 23:14,25 27:2 32 :23 62:14 73:25 103:23 107:10 114:22 124:14 blank (1) 116:17 block (6) 64:22 75:7 107:23,23 113:1 126:3 blocks (1) 108:4 board (4) 87:20 124:5,11 125:12 NEWPORT BEACH RECOVERY - 7/7/2009 Bobko (28) 3:4 19:3 22:19,19 25:19 26:3,6,7 27:14 28:20 32:3 33:21 34:20 53:16,17 53:20,22 58:8 58:9,10,15 98:22 101:11 112:14 117:17 122:22 129:2 129:12 Bobko's (1) 130:3 body (5) 14:2,4 14:17 17:15,17 bones (1) 27:23 boot- strapped ... 82:24 83:1 bottom (2) 41:16 87:18 boulevard (7) 2:8 3:10 107:13,19,22 108:1 115:1 boundaries (1) 32:22 bounds (1) 25:2 boa (2) 3:17 102:7 boy (2) 8:2 39:23 boys (6) 7:8,25 115:18,22 116:3,5 Brancart (39) 3:16,16,16 10:25 11:1 16:4 20:3,19 21 :2 28:22 29:1,9,14 32:12 45:2 49:24 50:24 56:25 57:22 58:7 82:20 98:18,24 99:22 100:7,12 101:6 101 :24 103:7 105:22 118:2,3 118:22,25 119:3 123:6 128:2 129:11 130:9 Brancart's (4) 123:9,25 125:23 126:18 brand (1) 15:25 breach (2)52:10 52:14 breaching (1) 52:6 break (4) 58:11 91:2,7,20 breaking (2) 120:2 123:20 BRIDE (1) 114:20 brief (7) 5:22 28:22,23 118:25 119:2 122:23 129:4 briefing (1) 98:9 briefly (2) 102:2 104:23 bright (1) 72:6 bring (3) 57:25 96 :16 106:25 broad (1) 84:17 broader (1) 89:1 brochure (1) 37:22 broken (1) 103:21 broker(1) 108:14 brought (8) 7:14 8:12 52:22,23 52:24 104:25 105:5 106:19 BROWN (1) 3 :9 Bryant (6) 74:11 74:18,23 82:1 97:25 98:4 building (9) 9:16 64:16 69:12 74:25 76:12,18 76:23,24 121:15 buildings (1) 67:15 bullet (1) 24:21 bullying (1) 13:6 burden (13) 43:6 61:3 68:20 71:6 78:15,20 78:22 95:8,25 103:17111;13 114:11 126:16 Bureau (1) 9:23 business (16) 9 :23 36:2,6 42:16 81:3,4- 107:18,20,22 107:24108:2 124:19,20,22 125:2,6 businesses (5) 52:12 96:19,20 107:16 108:5 butts (1) 115:16 C CA (3) 3:5,10,17 California (10) 1:10 2:9 4 :1 14:1149:2 64:15 71:23 76:12 89 :25 131:4 call (8) 7:2,19 45:14 47:10,12 50:8 128:5 129:24 called (11) 36:11 37:25 39:18 47:6,7,9 48:25 81:1195:22 96:22 109:23 calling (3)36:12 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00971 47:20 124:11 calls (8) 19:17 36:9 37:2 46:22 47:8 95:9 96:8,12 canceled (1) 118:13 car (5) 9:12 38:16 117:6,7 120:14 card (1) 9:7 care (25) 9 :5 62:6 64:22,24 67:5 75:21 79:8 84:15,24 88:22 99 :6,7 99:17,23 100:2 100:2,4,16 101:7,10 111:10113:15 114:2 126:19 126:20 carefully (1) 126:8 cares (1) 37:2 carried (1) 126:16 can (2) 38:13 117:3 case (15) 8 :12,12 9:14,21 11:2 60:9 74:18 76:10 82:1 96:16 98:1,2 109:23 110 :19 119 :20 caseload (1) 44:18 cases (5) 52:22 54:9 61:18 121:3,4 ease -by -case (2) 81:19110 :17 :ash (1) 37:10 :ause (3) 72:10 116:22,22 r�+ �3 cell (1) 45:21 centers (1) 64:24 Central (3) 8:11 40:23 106:18 certain (9) 6:16 9:4 13:6 15:4 30:8 63:20 79:2192:8 107:5 certainly (16) 23:7,16 24:1 26:18 41:15 86:11 89:12 94:15 102:12 102:25 104:12 105:9 107:7 112:8 121:8 124:17 certainty (1) 113:10 certification (2) 88:9 125:12 certified (5) 2:11 85:12 124:5,11 131:3 certify (2) 131:4 131:13 cetera (2) 4 1: 1 42:23 challenges (1) 15:12 challenging (1) 113:12 chance (4) 34:5 101 :23 102:1 106:25 change (5) 64:17 70:3 72:16 114:23 116:1 changed (1) 115:7 changes (1) 76 :14 changing (1) 77:13 character (6) NEWPORT BEACH RECOVERY - 7/7/2009 68:9 70:3 72:16 77:12 79:21 115:7 characteristics... 69 :18 114:23 characterizati ... 112:23 characterized ... 42:8 charge (1) 36:4 charged (1) 15:1 check (1) 8:25 checked (1) 35:13 checks (3) 37:7,9 37:11 Chicago (1) 79:17 child (16) 7:4 8:6,8 36:20,24 36:25 37:24 39:9,10 47:3 47:16 50:9 78:18 102:22 117:5 125:8 children (7) 35:5 35:13 36:2 37:17 38:25 41:23 116:19 child's (1) 37:6 choice (1) 65:25 choose (2) 44:23 67:20 Chris (2) 11:1 40:11 Christina (3) 29:12 35:3 115:11 Christopher (3) 3:16 46:13 116:9 churches (1) 77:4 cigarette (1) 115:16 circle (1) 102:5 circled (1) 102:17 Circuit (3) 60:9 65:16 98:1 circumstances... 16:15 cite (1) 109:21 cited (1) 95:23 cities (1) 60:13 citizens (1) 41:6 city (174) 2:8 3:3 3:7,8,8 4:8,11 4:14 5:13,14 6:8 10:15,18 11:5,9,14 12:4 12:5,10,18,18 12:23 13:6,23 14:15 15:5,8 15:12 16:23,24 17:1,6,7,8,11 17:12,25 18:3 18:3,3,4,19,23 18:25 19:6,7 22:11,13,20 23:2,2,420 24:10 25:20 28:1,1,4 29:22 31:20,23 33:12 33:22 34:1 41:6,15 42 :19 42:22,24,25 43:6,16,16,22 43:24 44:21,25 45:10 50:10,22 51:17 52:12 54:5,11,13 55:5,8 56:3,7 56:11,16,17 59:1,14 60:9 60:10 61:3,5 62:25 64:12,13 64:15 65:17,19 66-1267-'12 67:13,14 7119 76:4 79:17 82:15 83:2,6 84:22 85:10,12 85:16,22,24 86:2,7,9,16,17 86:19 87:1,2,5 87:8,19 88:1,2 88:7,8,10,12 88:15 89:1,6 89:19,25 90:15 90:16 92:18 93:6 94:24 95:13,18 98:10 101:1,20 103:5 105:16 108:9 108:24 110:13 112:19 114:1 121:25 122:12 122:20 123:7 123:17 124:15 126:24,25 127:1,9 128:10 129:18,24 130:7 City's (13) 12:16 22:15 24:7 44:19 52:18 68:22 78:24 79:20101:21 108:7 113:13 122:4 123:1 claim (8) 7:15 43:23 53:25 83:2 85:8 87:4 120:20123:9 claimed (5) 7:3 8:22 85:3,7 120:17 claiming (1) 121:22 claims (4) 10:3 84:6,17120:14 clarification (1) 108:25 clarify (2) 6:6 110:21 clarity (1) 32:13 class (4) 92:8 PRECISE REPORTING SERVICE (800) 647 -9099 10 [a] :411 :11 5 95:1,2,5 classification (1) 99:14 clear (10) 10:9 17:25 53:3,8 55:14 57:1 72:6 84:16 111:9 122:11 cleared (3) 15:20 20:21,22 clearing (1) 62:22 clearly (5) 12:17 44:11 101:16 105:2 108:5 clients (2) 42:7 81:4 close (4) 6:4 45:3 45:7 104 :18 closed (3) 50:6 59:7 118:8 closing (1) 4 1: 10 clothes (1) 48:6 clustering (1) 79:20 Coast (65) 1:8 3:12 4:5,13,19 5:11,12 7:5,7,9 7:10,15,17,21 7:22,24 8:7,8 8:14,19,19,21 9 :2,4,11,19,22 9:23 10:5 11:2 12:23 15:8,11 15 :20 19:23,25 20:9,15.29:18 35:2146:4 49:25 51:8 52:15 55:18 58:23 64:13 76:3,4 78:18 81:3 84:5,11 84:2190:11 91:194:6 99:4 99:10,13,15 102:11 105:19 D M 3 112:24 120:6 Coast's (1) 8:2 cocaine (1) 116:17 code (39) 6:13 6:16,18 21:3 21:1124:7 25:2,16 41:13 41:14 54:12 58:24 60:22 62:5,10 63:21 64:6,16 65:18 67:8 68:6,25 69:23 70:1 71:1,23 72:4 75:19 76:12,13 76:18,24 77:3 80:3 81:6,17 83:25 115:16 120:23 codes (7) 51:12 51:13,14 76:17 76:23 79:24 115:14 colleague (1) 104:22 collected (1) - 32:22 colognes (1) 48 :6 combination (1) 68:6 come (29) 8:15 8:19 16:6,25 23:16 26:11 32:6 33:24 34:8 35:2 36:22 38:17 40:5 41:24 42:6,13 55:9 61:19 99:24 104,11 105:1 106:15 111:18 112:7,7 116:6 119:20 122:8 123:23 comes (5) 7:1 NEWPORT BEACH RECOVERY - 7/7/2009 12:9 32:15 84:1,23 coming (7) 10:20 23:6 88:5 103:16 115:5 115:21 124:18 commence (4) 4:4 5:7 58:21 58:25 comment (7) 4:24 46:3 50:4 52:3 104:21 125:11 128:15 comments (11) 5:24 6:3,6 29:2 46:6 50:21 56:24 59:6 104:4 125:23 126:19 commercial (7) 107:16,18,20 107:22,24 108:1,4 Commission (2) 22:11 118:11 common (1) 69 :11 communicatin... 23:21 communicatio... 107:11 communities (1) 92:23 community (15) 41:22 42:13,14 89:22 90:19,19 96:19 99:5 103:9 106:18 111:19,23 112:4 122:1 125:2 79:8 companies (1) 124:24 comparable (6) 84:18 95:17,17 96:13,14 97:16 comparison (2) 80:25 112:18 compatible (1) 77:12 compelled (1) 118:20 compelling (2) 106:10127:12 competence (1) 24:4 competent (13) 14:6,20 17:16 25:12 31:6 51:25 57:2 94:5,18,18 95:12 96:4,5 compile (1) 27:23 complaint (3) 16:7,8 19:20 complaints (7) 15:616:5 19:17 42:4 71:7104:6 120:7 complete (8) 33:11,20 65:3 72:25 82:15 93:2 125:18 127:8 completed (1) 45:8 completely (6) 22:24 23:13,24 34:14117:9 129:4 compliance (6) 53:12,14 63:12 71:11,1490:5 complicated (1) 62:13 comply (1) 30:15 component (1) 111:17 comprehensiv.... 5:4 comprising (1) 11:6 compromise (1) 91:13 Con (2) 88:19,19 concede (1) 25:9 concedes(3) 83:20 84:4 119:8 conceding (1) 57:4 conceivably (1) 127:11 concentrated (3) 110:1,2,5 concept (1)92:1 concern (7) 13:8 33:18,22 52:7 55:7 72:10 110 :10 concerned (2) 48:13 74:16 concerning (3) 13:3,10122:2 concerns (3) 12:3 27:10 101:15 concise (2) 106:15 123:19 conclude (4) 4:22 25:7 45:5 49:20 concluded (2) 58:14,18 concludes (5) 10:12 53:15 81:22130:11 130:12 conclusion (1) 106:5 conclusions (1) 24:25 concrete (2) 92:22 104:12 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00973 condition (2) 6:19 7:19 conditional (1) 70:3 conditions (11) 6:17 62:18 63:13,18,18 69:9,18 71:8 72:20 75:25 77:25 conduct (4) 55:14,23 70:10 112:10 conducted (2) 15:18 63:6 conference (6) 125:18 128:16' 129:2,23,24 130:4 conferenced (1) 128:25 confidential (3) 13:2 15:7 54:11 confidentiality... 13:2 14:6,17 16:14 21:17,18 22:23 23:15 29:16 50:2 51:7,14 52:6 54:6 83:11 confidently (1) 14:25 confirm (2) 20:10 72:2 confirmation (1) 109:13 confirmed (6) 20 :14,15,17,25 71:24 72:25 conform (1) 71:8 conforms (1) 6:15 confrontations... 42:2 confused (1) _3 M 75:9 connected (1) 96:10 connection (7) 13:19 15:17 29:15 51:1 56:23 61:25 90:20 consent(1) 35:14 consider (13) 5:15,18 31:24 32:10,20 65:19 68:7 77:4 89:17 92:19 93:14 105:15 109:3 consideration ... 19 :12 64:23 67:8 78:11 81:18 considerations... 64:2178:2 81:13 considered (9) 10:15,18 19:14 33:15 56:18 60:25 77:9,11 81:19 considering (1) 20:6 consistency (1) 97:14 consistent (4) 15:9 16:22 17:3 80:8 consistently (2) 89:6 115:4 consisting (1) 12:12 consolidated (3) 86:1,25 87:2 constitute (2) 30:7,8 constitutes (2) 55:10,13 NEWPORT BEACH RECOVERY - 7/7/2009 construct (2) 56:2174:25 consultation (1) 90:25 consume (1) 101:13 contact (7) 20:1 39:23 45:17 47:2171:12 108:25 120:9 contacted (4) 47:1,2,5,19 contended (1) 56:15 contention (1) 126:18 contest (1) 83:19 context (14) 20:23 24:7 83:16 85:2 88 :24 91:15 96:11,18 97:11 100:6,14 107:4 107:6 121:14 continuance (1) 33:23 continue (10) 4:20 34:13 56:22 59:10 63:17 67:6 73:5 78:21 101:5 127:16 continued (6) 42:2 43:6 62:10,16 63:19 78:12 continues (1) 71:13 continuum (4) 88:22 99:17,22 101:10 contract (5) 46 :18 52:10,14 96:21 116:3 contracts (1) 55:18 contradicts (3) 86:1189:12 90:14 contrary (7) 12:3,18 24:12 27:22 100:25 105:23 106:7 contribute (1) 77:13 controls (1) 9:17 controvert (1) 123:9 convene(4) 128:16,17,23 129:22 convicts (2) 38:8 115:21 cooked (1) 9:6 copied (1) 129:16 copy (1) 129:19 correct (6) 10:16 42:20 45:10 50:16 82:4 125:13 correction (1) 24:19 corresponded] ... 123:7 corresponden... 20:13 cost (1) 90:25 Costa (5) 8:3,5 8:17 48:8 78:19 Council (44) 4:11,14 5:13 5:14 10:15,19 12:4,5,18 17:6 17:8,11,13,25 18:3,4,4,19 19:6,7,11 22:1124:17,19 24:20,22 31:20 31:23 32:3,13 33:12 44:25 50:10 55:6 56:7,12,16,17 71:19 85:12 89:190:16 127:1,9 Council's (2) 12:18 71:18 Counsel (15) 11:8,1616:12 19:2,2,4 22:14 22:20 24:10 27:2128:3,20 40:22 52:20 119:8 counseling (7) 63:3,5,9 80:21 81:4,5 87:20 Counsel's (1) 22:23 count (1) 36:16 counter (1) 109:7 county (3) 88:23 88:24 89:1 couple (6) 43:11 112:12 123:15 123:24 124:2 125:12 course (12) 11:18 26:12 34:3 45:9 51:18 88:16 89:10 104:15 105:20 116:9 119:14 120:9 court (5) 27:14 61 :18 74:18,23 79:16 courts (3) 106:1 106:3 109:22 cover (3) 110:22 117:1,1 Co- Counsel (2) 101:2 128:8 create (2) 68:15 93 :1 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00974 credible (1) 124:20 crime (1) 36:20 criteria (1) 92:5 crooks (1) 35 :21 cross (1) 78:20 cross - examine... 50:2 crucial (2) 78:7 78:13 crying (1) 87:19 CSR (1) 131:22 cured (1) 30:11 current(11) 62:16 64:8 65:2,4,7 66:8 66:11,1367:21 67:24 70:18 currently (1) 110:7 curtail (3) 28:5 32:23 34:15 cussing (1) 119 :25 customers (1) 96:21 D Dan's (1) 46:13 darkness(1) 27:20 data (2) 105:8 114:6 date (7) 27:25 28:2 33:16 34:13 127:5,15 131:16 dated (2) 71:15 131:19 daughter (1) 47:5 Dave (4) 3:8 45 :25 82:10 111:14 Jay (12) 9:2 11:1831:6 M 64:24 91:6 94:3 99:10 103:19 122:7 122:17 days (12) 8:22 11:10,10,15 12:14 22:1,8 47:23 99 :7 119:13 128:12 128:12 de (1) 70:13 deal (4) 12:7 36:13 104:7 113:21 dealing (5) 16:16 23:5 29:16 31:8 36:9 dealt (3) 20:8 65:6 69:7 dearth (1) 23:7 death (2) 116:22 116:22 deceived (1) 88:14 December (1) 103:11 decide (6) 24:8 25:2,14,16 114:6 124:16 decided (2) 26:18 77:18 decision (8) 5:13 13:20 15:2 25:13 33:8,13 34:17 127:8 decisions (2) 14:7 51:25 decision- maki... 118:21 deem (1) 44:15 deep (1) 72:10 defeats (1) 79:15 defend (2) 16:22 22:24 defendant (1) 23:3 NEWPORT BEACH RECOVERY - 7/7/2009 defending (2) 21:2154:20 defense (3) 54:7 54:18,19 defenseless (1) 23:24 define (4) 61:19 72:5,5 100:4 defined (1) 92:1 definitely (1) 41:2 definition (1) 111 :18 definitions (2) 100:11,13 degree (1) 42:11 demand (1) 89:17 demonstrate (3) 42:12 109:6 126:17 demonstrated ... 6:20 25:21 31:3 51:16 71:3 83:2 demonstrating... 55:10 demonstration... 29:24 50:25 denial (5) 44:2 55:20 57 :16 67:23 99:2 denied (6) 4:12 5:10 55:4,5 65:23 67:23 densities (1) 92:4 density (3) 69:11 126:4,10 deny (18) 43:7 44:4,7 57:21 59:9 65:1,5 97:6,2199:11 100:21 108:10 117:13 118:6 119:10 125 :19 126:14 128:4 denying (1) 93:20 Denys (2)40:22' 108:13 department (9) 7:13 8:7 10:10 53:171:15 85:17 86:3 89:2195:15 departure (1) 114:17 deposit (1) 8:20 deprive (1) 93:16 depriving (2) 65:4 94:21 depth (1) 69:7 Deputy (3) 3:8 18:25 59:14 described (3) 11:22 61:6 110:4 describing (2) 100:13 126:11 designated (1) 4:8 designed (2) 43:18 80:11 desirable (1) 118:16 desks (1) 78:16 despite (4) 9:12 14:2,3 52:2 determination... 6:8,916:12 17:1018:5 51:1156:8,13 57:11,23 91:12 121:9 130:7 determination... 11:22,2414:13 14 :14,19 16:18 17:19,23 30:24 31:7,13 59:9 69:6122:10 determine (10) 6:4 31:151:6 51:22 55:23 64:13 81:15,16 120:11,25 determined (7) 51:23 71:24 72:19 73:20 77:5 78:5 96:2 determining (3) 77:1192:3 94:14 detox (7) 84:23 99:14,20,25 116:3,13,17 detoxed (1) 116:4 detoxification ... 8:16 99:11 detriment (1) 94:20 detrimental (1) 112:3 detrimentally ... 94:8 Development (6) 85:18 86:4 89:22 90:19,20 122:2 device (1) 124:19 diabetes (2) 39:16 116:9 diabetic (1) 39:9 died (1) 116:10 differ (1) 90:7 difference (2) 44:10127:14 different (9) 9:22 44:9 59:9 59:19 84:20 104:10112:9 113:2,4 differentiation... 111:10 differently (1) PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00975 66:10 difficult (3) 76:19 122:14 127:2 diligence (1) 95:10 diligently (1) 122:13 diminish (1) 127:18 direct (10) 42:9 42:1061:16,25 83:6102:2 103:12 104:12 105:12,13 directed (2) 19:8 129:19 direction (1) 131:11 directly (13) 20:7 44:25 100:1,8104:3 104:6 107:16 108:24110:11 112:12 124:16 129:16,18 director (2) 8:18 125:2 disabilities (1) 114:2 disability (5) 65:2190:2 92:8 93:15 109:5 disable (1) 77:17 disabled (19) 60:15,20 61:11 61:13,24 65:11 65:23 66:5 70:6 73:22 84:8 93:9 94:1 94:8,20 95:1,2 109:6,16 Iisagree (4) 28:2132:12 58:3 129:11 IM disagrees (1) 103:6 discovered (2) 4:14 32:18 discretionary, (... 22:12,14 discrimination... 60:4 discuss (1) 123:18 discussed (11) 17:6 19:4 67:2168:3 70:24,24 73:17 73:24 119:18 124:14 128:9 discussing (1) 112:15 discussion (5) 7:2 46:3 91:23 104:1 128:18 discussions (2) 91:4,19 disfavor (2) 109:17 110:10 disingenuous (1) 91:22 dismiss (1) 75:15 disparaging (1) 17:16 disproportion... 112:21 dispute (2) 67:1 96:21 disputed (1) 113:1 disputes (2) 52:16 67:2 distance (2) 79:18 92:25 doctor (1) 116:13 document (6) 52:25 53:3,9 102:9,13 122 :7 documented (2) NEWPORT BEACH RECOVERY - 7/7/2009 72:23 111:22 documents (6) 31:9 85:15 88:7 101:16,24 102:25 doing (10) 19:21 27:16 28:4 31:2138:18 57:20 80:17 93:20 95:10 119:15 dollars (1) 88:13 donuts (1) 40:4 door (4) 9:16 81:2 104:20 115:20 doors (1)115:18 Douglas (1) 107:12 downfall (1) 36:18 dozens (1) 52:11 Dr (2) 124:4 125:11 draft (1) 56:22 drag (1) 37:16 dragged (1) 23:23 draw (3) 24:25 105:17 106:4 drawn (1) 31:21 drive (3) 35:9 38:1,2 driving (3) 38:16 92:19117:8 drug (7) 38:17 86:10 87:9 102:6 114:2 116:5,21 drugs (3) 36 :4 47:14 79:13 DSS (13)13:10 14:10,21,23 15:16,18 16:2 17:2126:6,8 26:17 30:5 57:7 due (9) 26:10 27:18 45:11 53:17,19 59:16 68:16 101:15 118:13 duped (1) 37:12 duplex (4) 67:15 68:2 104:1,3 duty (8) 21:18 42:19,24,25,25 57:18 60:10,13 dwelling (9) 60:8 60:22 61:12,14 65:12 77:18 92:7 95:16 96:10 dwellings (1) 96:14 D.0 (2) 3:14 129:25 earlier (5) 70:25 73:18 83:16 87:17 99:25 earth (1) 110:23 East (1) 107:13 Eastern (2) 22:6 22:8 echo (1) 27:18 economic (3) 91:3,11,12 Edmonds (1) 65:17 effect (2) 8:9 55:1 effective (1) 8:23 efficiency (1) 80:11 efficient (1) 19:13 effort (1) 22:2 efforts (1) 14:3 eight (2) 6:19 96:8 either (11) 17:15 59:8 61:1,20 63:5 83:25 99:18 107:6 109:4 114:14 130:7 element (5) 41:1-0910:18 123:2,3,9 elements (3) 73:14 89:19 90 :1 else's (1) 120:3 emerging (1) 109:18 emphasize (2) 17:24 92:11 employee (1) 131:14 empty (1) 14:22 enable (1) 69:19 encourage (1) 80:24 encouraged (1) 8:18 ended (1) 41:9 enforcement (1) 120:23 enforcing (1) 44:14 enhance (1) 65:20 enhances (2) 67:5 114:10 enjoy (6) 60:8,21 65:11,24 73:22 77:17 ensure (4) 69:23 80:4,10,11 ensuring (1) 70:3 entered (5) 49:10,12 55:17 55:18 108:20 entire (3) 64:3 83:5 92:1 PRECISE REPORTING SERVICE (800) 647 -9099 [y :ill �l :L��I�I✓]►L? entirely (2) 19:18 129:11 entities (1) 14:9 entitled (2) 74:24 94:16 entrance (1) 99:8 enumerated (3) 69:25 78:10 86:20 environment (4) 65:16 67:18 68:16 104:18 equal (9) 60:7,21 61:17,2265:11 65:24 66:5 73:22 77:17 equally (1) 70:5 equity (1) 42:6 equivalent (1) 22:10 erroneous (1) 98:6 especially (5) 48:1369:1 80:16 124:3,20 ESQ (4) 1 :9 3:4 3:8,16 essentially (5) 63:17 79:13 91:9 94:2 119:13 establish (3) 69:3 80:7 93:14 established (4) 22:15 60:11 64:17 76:8 establishing (1) 100:10 estimate (1) 128:11 estimation (1) 127:18 et (2) 41:142:23 ethical (7) 13:13 9 E M F 15:10 16:22 17:4 50:151:7 83:11 evening (1) 9:1 event (1) 126:13 everybody (1) 47:22 everybody's (1) 46:23 evidence (98) 4:13,24 5:2,15 5:18,23 6:2,12 10:13,14,17,18 12:5,9,20 13:18 15:14 18:2 19:10 20:4 23:7 24 :20,21,23,24 25:1,5,15 26:9 26:16 27:16,23 28:8 29:3 31:25,25 32:1 32:4,5,7,8,22 42:1144:6,12 50 :10 51:6,24 52:1,2,3 53:24 54:1,3,15,18 54:19,20 55:7 56:9,18 66:20 66:22 74:3,6 74:2175:3,24 83:9,1192:22 93:25 94:5,5 94:12 95:12 96:2,4,5 98:12 103:8 104:12 105:11,12,15 105:17,21,23 106:2,3,4,5,7 106:24,25 112:15 113:22" 114:8 evidentiary (1) 55:23 evidently (1) 44:8 NEWPORT BEACH RECOVERY - 7/7/2009 exact (1) 22:10 exactly (3) 32:5 43:23 113:4 exaggerates (1) 9:20 Exaggerating ... 10:3 examine (1) 11:11 example (5) 18:12,14 53:13 54:9,10 excellent (1) 58:13 exception (2) 73:19 83:23 exceptions (2) 60:13 64:5 excessive (1) 80:15 exclusively (1) 5:1 exculpatory (1) 23:17 exempted (1) 74:7 exemption (5) 60:19 62:4,4,9 68 :24 exemptions (3) 62:3 73:11,15 exerting (1) 54:7 exerts (1) 85:15 exhaustively(1) 59:20 exhibit (2) 71:18 85:13 existed (2) 51:24 126:8 existing (5) 66:3 80:6 83:21,23 109:25 exists (1) 75:5 exorbitant (1) 108:9 expected (1) 122:8 expense (1) 108:10 experience (2) 42:10 105:13 experienced (1) 24:1 expertise (3) 14:25 57:24 100:18 experts (2) 31:9 101:9 explain (1) 100:24 explained (2) 48:22 79:9 explanation (3) 113:9,11 115:23 explanations (1) 112:17 explicitly (1) 18:19 express (2) 12:3 68:13 expressed (2) 41:25 52:7 expressly (2) 74:5 83:3 extrapolation... 104:16 extremely (2) 43:21 119:19 ex- husband (3) 47:1,2,11 e-mail (3) 105:1 118:14 123:22 e -mails (4) 28:10 28:14,16 34:5 F face (2) 38:7 125:6 facilities (31) 6:217:14 21:7 25:22 56:1 62:7 64:22,24 66:3 67:9,12 68:3 74:19 77:2,5,23 80:5 80:1181:12 84:19,25 92:4 92:2194:8 99:7101:7 104 :17110:3,6 114 :5 121:14 facility (78) 7:17 8:3,3,8,16 9:17 16:7 20:16,17 20:21,22 21:6 21:17,19,21 23:9 25:24 26:2 35:5 38:15 40:4 41:4,9 42:3 49:10,13 55:16 61:2164:4,17 64:18,18 65:2 65:13 67:5 70:13 71:2,2,6 71:22,25 72:21 74:4,12 75:5 75:12,18,21 78:12,19 79:7 80:15,19 82 :8 84:12,12,13,14 84:15,24 91:21- 94:4,4 95:12 99:6,23 100:2 100:7 104:7,14 104:15111:11 111:22112:3 112:25 114:10 126:8,17 facility's (1) 66:2 fact (30) 16:2,3 19:4 23:20 25:12 26:1 28:17 35:6 43:20,22 52:2 55:25 57:21 83:6 85:6,10 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00977 10 87:18 88:12 90:14 93:10 96:18 104:10 106:7 109:6 113:8120:7,11' 120:17122 :14 126:7 factor (2)79:3 82:2 factors (15) 65:18 68:6 70:14 73:16 74:17 75:2 77:1,9,10,16 78:9 79:1 81:18,18 110:19 facts (4) 6:1 28:15 94:17 110:18 failure (4) 30`.15 74:20,20,21 fair (14)18 :10 18:13 39:2,2 51:4,5,5 52:1 53:5,23 60:3 60:12101:5 122:5 fairest (1) 34:6 fairly (1) 33 :16 fairness (2) 42:6 97:22 faith (1) 52:23 fall(1)111:13 fallacious (1) 43:25 false (2) 84:11 85:6 falsely (1) 35:17 familiar (1) 60:1 families (4) 36:14 41:21,22 63:4 family (10) 8:13 10:20 37:16,19 37:19 63:3,9,9 M 63:10 107:13 far (7) 22:2 32:17 38:15 42:22 76:2 82:2 116:2 fast (1) 103:23 father (6) 8:10 8:20 9:3,8,14 9:18 favor (1) 93:20 fear (3) 41:25 42:4 108:21 feasibility (1) 80:9 federal (22) 60:3 60:12 63:12 85:11,17,19,22 85:24 86:16,17 86:20 87:3,8 87:25 88:2,9 88:1189:6 90:15,16 93:18 94:23 feedback (1) 111:23 feel (5) 21:13 37:12 115:9 119:1,2 feeling (1) 126:5 feet (2) 94:4 110:3 felony (1) 36:4 felt (2) 47:15 119:24 ferret (1) 123:2 fewer (1) 95:17 file (1) 122:3 filed (1) 104:5 files (2) 54:10,12 final (2) 33:12 127:8 finally (3) 44:17 47:16 101:19 financial (12) 48:15 61:2 65:15 66:2 NEWPORT BEACH RECOVERY - 7/7/2009 - 68:20 73:24 74:14 76:1 78:14 91:7,17 103:17 Financially (3) 61:2166:21 131 :13 find (20) 9:15 17:5 26:19 37:17 39 :8,14 44:2 48:8 57:20 70:14 71:18 78:17 90:22,23 95:5 102:14 109:21 114:9,14 123:1 finding (35) 6:13 6:22,2419:21 25:19,25 27:10 29:23 30:2,13 31:2 50:24 51:2153:10 55:8 57:2,9,12 57:15 58:3 69:9 70:16 72:12 77:14 78:6,13 83:3 89:19 92:15 94:16,18,19 96:3 104:24 105:24 findings (11) 13:19 51:3 55:2 58:4 68:18 70:12,15 70:19 72:21 83:16 92:13 fine (4) 45`.23 122:25 129:10 130:2 fingers (1) 27:22 fire (6) 41:14 76:16,23 83:24 115:13,16 fires (1) 41:14 first (31) 4:6,10 4 :22 23:1 24:12,13,23 26:24 33:10 46:11,15 50:18 50:2160:24 62:12 63:16 64:17 65:9 71:10 82:25 84:3 91:8 101:14,25 102:17 108:17 108:22 111:6 119 :5,18 125:22 first -hand (1) 34:8 fit (3) 24:11 25:1188:22 fits (1) 85:1 five (12) 8:22 24:2135:9 36:15,15 37:25 40:8 41:19 58:8 108:4 110:3 119:22 five - minute (1) 58:11 fix (1) 88:10 flashlights (1) 117:11 flat (2) 77:14 106:22 flicking (1) 115:16 flip (1) 102:13 Floor (1) 3:5 focus (5) 29:22 91:24 96:17,23 125:20 fog (1) 23:13 folks (1) 59:11 followed (1) 109:12 following (3) 17:22 51:3 109:1 follow -up (2) 7:19 30:10 foregoing (3) 131:5,7,11 foremost (1) 101:14 forgotten (1) 50:20 form (4)41:4 43:16 44:20 47:14 former (1) 19:24 forth (5) 7:15 52:24100:11 123:3 131:6 forty -Five (1) 48:20 forum (5) 16:21 29:17 31:12 57:2 83:12 forward (16) 5:4 23:6,16 32:6 41:24 42:7,13 50:22 55:20,22 82:19103:18 103:23,25 104:11 126:6 for - profit (6) 107:16,18,19 107:24 108:1,4 found (13) 8:6 9:2419:21 47:24 61:19 66:1170:11 76:19 83:10 96:2 105 :6 114:13 129:12 Foundation (1) 8:17 founded (2) 108:21 125:22 four (6) 9:24 10:136:15 73:16 103:21 125:14 four -month (1) PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00978 11 47:19 frankly (6) 29:10 35:20 44:6 53:24 112:22 122:5 fraudulent (1) 46:18 free (1) 29:16 friend (3) 37:5 37:13 38:12 friends (2) 8:25 36:21 front (10) 44:12 53:3,9 103:20 103:24 104:11 105:21 114:8 115:2 117:7 fully (2) 57:6 125:23 full -blown (1) 55:23 fundamental (8) 61:4,6 68:22 78:24 79:5,23 82:23 108:6 fundamentally... 13:17 14 :1 68:8 79:19 84:198:6 Fundenberg (2) 106:16,17 funding (3) 87:12 88:4 89:7 further (12) 9:19 27:5 33:155:6 55:14 56:21,24 59:8 100 :3 128:5 131:11 131:13 furthermore (1) 110:5 Future (2) 68:1 126:6 F-u- n- d- e- n -b -... 106:17 D M G gained (1) 23:5 gap (1) 89:4 garage(2)56:14 80:20 gather (1) 128:7 gathered (1) 128:7 gathering (1) 16:9 gee (1) 113:18 general(5)11:3 61:10 68:13 70:2 89:20 generally (11) 22:14 27 :10,12 30:17 62:7 68:24 72:18 88:23 107:3 112:20122:9 gentleman (3) 113:1 120:14 120:17 gentlemen (1) 125:18 genuinely (1) 119:24 GERSHON (1) 3:4 gesture (1) 14:22 getting (9) 28:7 36:14 38:13,16 107:9 110:1 114:18 117:6,8 give (17) 5:1 11:15 22:2 26:10,23 27:20 32:18 33:17,25 72:3 88:11 92:17 93:16 98:8 106:25 109:9117:21 given (22) 9:6,10 17:16 18:18 19:11,13 25:15 NEWPORT BEACH RECOVERY - 7/7/2009 34:9 55:25 71:10,19 88:12 92:16,18 94:2 101 :24 102:15 104:11 105:11 105:14 112:17 113:14 giving (6) 23:6 36:3 39:7 46:8 103:1 115:23 glossed (1) 93:3 go (36) 24:16 26:5 31:12,18 36:24 37:8,24 39:2 43:13 45:20 46:14 48:2 50:22 55:22 56:13 73:13 82:18 85:4 90:9 91:2 96:9 97:15 100:1,8,18 103:23 106:15 112:11 113:25 114:19118:23 120:24121:11 122:23 123:1 123:10 goal (1) 86:21 goals (2) 70:2 86:20 God (1) 48:15 goes (4) 15:5 31:16 37:10 89:11 going (48) 4:16 5:6,219:25 10:4 19:125:6 26:23 27:5 28:5 29:2 30:20,20,21,22 30:25 31:5 38:3,13,16,23 39 :11,12 45 :21 46:4 49:5 52:17 54:23 56:3,19 57:6,7 58:10 77:19 87:24 93:1,16 93:16 95:6 96:3 102:15 106:10112:11 116:13 117:8 123:1,2 129:5 Golden (11) 45:25 46:7,12 46:12,15 49:2 49:6,14,16,21 50:17 Golden's (1) 123:21 good (17) 14:3,4 26:7 34:20 37:5,10 38 :6 40:2143:10 48:24 52:22 106:16 107:9 112:15 124:22 124 :23 126:11 Gosh (2) 124:1,8 gotten (1) 39:17 government (11) 85:11,24 86:16 87:3,8 88:9,12 89:7 90:15 93:18 94:23 governmental ... 100:14 governs (1) 7:14 graffiti (1) 103:20 Grand (1) 3:5 grander(1) 44:11 grant (8) 6:14 63:16 97:4,7 97:19 98 :12 109:3 110:24 granted (13) 7:1861:12 62:4 70:22,23 73:4 75:6 78:1 97:8,8,10,11 114:7 granting (6) 61:168:12,19 68:2178:23 80:22 great (3) 23:21 36:18 114:24 ground (2) 94:17 126:2 grounds (3) 44 :2 44:7,8 group (5) 4:9 40:23 43:18 44:20106:20 groups (1) 42:23 grown (2) 115:21 116:20 guarantee (1) 115:16 guess (2)48:11 125:3 guy (2) 40:2 124:4 H habit (1) 116:21 half (1) 82:12 Hamilton's (1) 123:22 hand (3) 26:24 29:2157:18 handicapped (1) 60:7 handicaps (1) 75:1 handle (2) 31:7 45:20 handled (2) 116:23 122:10 handles (1) 128:9 happen (2) 34:12 92:8 happened (7) 10:20 23:4,12 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00979 12 30:19 35:12 37:20121 :10 happening (4) 12:22,22 13:17 39:15 happens (2) 94:7 96:15 happy (3) 43:14 54:14 76:24 hard (3) 103:8 122:13,13 hardily (1) 13:22 harken (1) 103:10 harkening (1) 102:20 hazard (1) 115:17 HCD (1) 90:18 health -(6) 41:13 43:170:1 71:23 104:19 111:3 hear (15) 21:14 26:24 27:13 45:1,23 46 :6 49:8 51:25 55:20100 :6 105:6 106:14 115:4,4,6 heard (16) 26:11 38:1146:23 50:14,16 51:17 52:5,7 66:15 82:24 99:25 100:6 102:21 105:14111:14 127:19 hearing (107) 1:7,9 2:7 4:6,8 4:9,10,11,12 4:14,17,18,19 4:22 5:3,16,18 5:19,20,21,25 6:5,10,13 11:4 11:10,15,20 �r 12:6 13:10,18 14:17 16:13 17:9 21:14 22:9 23:18 26:2127:15 28:1,9 31:1,19 31:24 32:10 33:10,24 34:11 34:15,17,22,23 43:2 45:1,5,8,9 45:12 46:1,2,6 49:11 50:7,21 51:2,21,22 55:8 56:19 57:23 58:12 59:5,6,7 63:15 64:12 65:19 70:25 82:25 83:8 84:16 85:14,25 87:4 87:24 94:13 101:23 102:2 102:21 106:12 107:1,4,6 111:8,24 112:8 114:14 118:8 119:18 120:10 I22:9 125:17 126:23 127:18 127:24 129:22 130:12 hearings (12) 4:5,22 26:13 41:8 43:13 55:15,23 106:11 111:7 111:21 112:7 117:2 hearsay (18) 11:23 13:22 14:15 17:1 20:7 26:11 27:1,9,12 28:17 31:4,8 34:4,10 38:21 41:142:9 NEWPORT BEACH RECOVERY - 7/7/2009 104:13 heart (1) 124:13 Heights (1) 79:17 held (2) 7:16 10:8 Hello (1) 45:25 help (14) 35:8 36:3,5,19,19 37:15 39:8 48:15 49:3 78:17 98:24 116:13,14 122:24 helped (1), 116:15 helpful (2) 43:12 125:13 helps (1) 126:2 Henderson (1) 124:7 He'll (2) 36:10 38:21 Hi (3) 114:20 115:11 117:15 high (8) 59:21 86:10,15 102:8 102:8 113:25 114:3,10 higher (1) 9:22 highest (2) 87:5 89:7 highly (2) 11:25 118:16 history (1) 80:18 hit (1) 112:12 hitting (1) 59:21 Hoag (1) 116:8 hold (4) 25:11 45:20 49:7,23 holding (1) 36:12 holiday (6) 11:19 93:25 119:9,13122:8 122:17 home (10) 4:9 9:6 36:4 43:18 81:1,5,5 115:1 115:2 124:7 homeless (5) 102:4,10,11,18 102:22 homes (4) 44:20 79:19 87:15 108:8 honest (1) 39:25 Honor (5) 24:4 27:14 32:3 40:2153:22 hop (1) 114:18 hope (2) 43:4 117:13 hopefully (1) 43:11 hoping (3) 36:20 36:22 99:17 hostage (1) 36:12 hour (2) 8:17 83:4 hours (3) 38:6 62:20 116:4 house (3) 20:16 103:20 115:5 housed (2) 20:11 20:14 household (1) 115:9 housing (37) 10:11 12:8 30:4,16 60:3 60:10,12 65:4 65:24 67:7,25 73 :23 74:25 75:5 84:20 85:17 86:3 88:22 89:19,21 90:1,18,19,21 92:7 93:16,17 93:2194:22 95:18 100:25 109:5 121:22 122:1123:1,3 123:9 HUD (11) 15:12 85:20 86:9,20 88:3 108:25 109:12,14 110:11,16,21 hundreds (5) 11:6 12:12 52:12 88:13 122:7 hung (1) 47:12 hurt (1) 119:24 hurting (1) 36:3 husband (3) 46:17,2147:18 ID (1)47:15 idea (10)4:25 23:12,23 27:1 28:4 47:16,18 47:23 58:13 103:8 identical (2) 101:8 112:25 identify (2) 34:25 46:10 identity (2) 21:18,20 ill (1) 91:25 illegal (8) 41:1,2 41:3,4,11 109 :2,6,7 illegally (2) 42:17111:2 illuminate (1) 100:3 immediate (1) 126:12 impact (8) 41:13 63:7 69:19 75:25 77:24 92:23 95:12 103:12 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00980 13 impacts (8) 69:24 80:13,15 81:7 93:1 103:9 104:12 111:19 implement (2) 70:2,5 implemented (1) 110:8 implication (1) 113:6 implies (1) 99:10 importance (1) 127:19 important (16) 11:20 32:20 40:15 50:8 70:5 77:23 78:3 79:2,3 92:1193:22 97:1 107:10 113:17123:15 124:21 importantly (1) 111:1 impose (2) 61:2 68:19 impossible (4) 22:24 76:20 120:4 121:4 improperly (1) 120:21 improve (1) 88:17 improved (1) 87:21 improvement... 112:10 inadequate (2) 14:16 100:24 inappropriate ... 114:4 incident (2) 72:7 104:25 incidentally (3) 4:7118:8 3 0 127:17 incidents (5) 23:9 39:14 41:17,18 42 :5 inclination (3) 122:23126:13 127:10 inclined (8) 97:6 97:2198:11 100:21 119:10 125:17,19 128:4 include (1) 28:13 included (2) 28:15 87:20 includes (2) 52:25 60:4 including (2) 63:18 114:2 income (2) 102:18,22 incorrect(1) 42:20 increase (3) 68:10 81:9 86:22 increasing (1) 74:12 incumbent (2) 51:2 97:22 indicate (2) 34:16 44:12 indicated (4) 34:24 86 :14 119:5,6 indicates (1) 87:9 indication (2) 88:20110:13 individual (11) 50:2 60:16,21 61:11,13 65:8 65:11 73:20 77:17 81:2 109:4 individuals (28) NEWPORT BEACH RECOVERY - 7/7/2009 13:3,8,1414:5 15:6 21:19 52:10 55:15 65:21,23 66:5 66:10 67:4 73:22 77:22 79:10 80:17 84:5,8 87:14 92 :25 94:20 99:24 100:8 102:19,23 119:24120:11 industry (1) 100:15 inferences (2) 105:17 106:4 inflammatory ... 17:2 inform (1) 99:18 informality (1) 88:6 information (3... 10:12 11:4,8 13:21 14:15 15:7,23 16:9 19:5 20:2,7 23:8 24:16 28:13 33:19 45:17 50:13 51:9,10,18 54:11 57 :10 82:10,11,24 83:192:16 97:3,5 123:14 127:2,6128:6 128 :7,18 infraction (4) 120:12,13,24 120:25 infractions (3) 119:25 120:8 121:6 inhabit (1) 102:11 inhale (1) 115:5 inherent (l) 13:10 initial (1) 99:24 initiation (1) 119:5 Inn (1) 74:11 Inn's (1) 74:23 input (2) 55:6 126:24 inquire (1) 42:21 inquiries (1) 12:19 inspect (1) 20:9 inspecting (1) 20:17 inspection (4) 15:19 20:5,21 30:10 Inspector (1) 20:8 instance (4) 9:5 10:8 56:14 110:25 instances (7) 9:24 29:7 55:12 72:1,3,4 72:9 institutional (1) 79:15 institutionalia .. 70:8 institutionaliz... 68:16 institutions (1) 84:9 instructed (2) 7:24 12:4 instructions (1) 12 :19 instrumental (1) 118:20 insufficient (1) 42:11 insulate (1) 80:12 insulin (1)47:15 Intake (2) 16:7,8 integrity (1) 13:2 intend (1) 33:1 intended (2) 65:3 94:1 intends (1) 101:22 intensity (1) 126:10 intent (2) 109:8 118:10 interested (2) 112:8 131:14 interesting (1) 115:19 interests (1) 109:16 Internet (1) 9 :19 investigated (1) 35:16 investigating (4) 10:5 14:24 16:2 72:24 investigation (4) 7:13 10:6,7 72:25 investigator (1) 16:9 invited (1) 46:5 involved (7) 8 :6 14:5 34:7 44 :14,1950:14 76:9 involves (3) 8:13 10:19124:10 involving (2) 9:5 64:21 in's (1) 23:10 irresponsibly (... 111:2 isolated (1) 41:17 isolation (1) 96:23 issue (40) 4:23 5:2,1410:24 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00981 14 13:25,25 17:10 18:9,19 21:9 27:9 29:3 44:5 53:18 56:12,17 57:3 61:18 65:22 66:14,19 67:6 68:4 69:7 70:12,16 72:18 72:20 73:3 89:190:24 91:24,25 95:8 99:23 103:7 109:1 110:12 125:21 126:7 issued (8)10:10 15:16,18 20:5 83:13 89:18,25 90:18 issues (27) 7:6 9:3 13:3,7 18:12 19:3 21:17 31.8 33:8,15,22 41 :16 68:11 77:18 78:10 89:9 90:3,6 112:13 114:2 118:4 119 :17 123:8 124:16 125:14 128:5 128:19 item (1) 88:16 Le (1) 93:15 JANET (1) 3:9 January (8) 5:10 5:15 6:23 62:1170:11 72:19 103 :24 103:24 Jeff (1) 103:14 job (2) 33:12 112:15 Jody (3) 49 :4,11 50:17 D M D Joseph (1) 117:15 Judd (1) 47:7 judgment (l) 24:5 judgmental (1) 126:1 Judy (1) 46:12 Julie (1) 114:20 July (12) 1:11 2:104:1 11:18 27 :21,25 28:2 67:1193:24 111:15 119:8 122:17 jurisdiction (1) 21:14 justify (1) 113:23 K (1) 3:4 Katherine (2) 18:24 59:14 KATHLEEN(... 3:8 Kathy (1) 47:21 keep (4) 44:3 47:14 91:20 96:4 Keeping (1) 91:14 keeps (1) 83:7 kept (1) 62:22 key (2) 111:17 124:2 kicking (1) 23:24 kid (3) 36:18 39:8 48:8 kids (3) 48:13 115:20 116:11 Kiff (62) 3:8 4:24 5:7,8 10:17,22 14:11 14:23 15:15,17 NEWPORT BEACH RECOVERY - 7/7/2009 16:4 19:17,21 19:24 26:5,6 27:7 29 :12 33:3,6 34:24 39:13 40:13,16 40:18 45:8,11 45:21,25 46:1 46:10,14 49:4 49:7,11,18,20 49:22,23 50:12 50:16,23 52:19 58:16,17 59:2 78:16 82:6,11 82:17 85:8 90:13,25 91:5 91:20 98:22 101:4 105:6 113:8 118:10 118:18 123:12 kind (9) 16:6 20:2 48:16 95:3 115:4 116:12,14 126:20 129:22 Kitt (1) 22:19 knew (3) 32:21 38:15 39:6 knot (1) 43:23 know (53) 9:2 14:12,13 16:3 17:3,2118:17 24:2 26:12 27:19 28:4 30:5 31:11 32:4 33:9 37:5 37:16 38 :14 39:6 43:16 44:147:2,12 53:25 72:6 73:174:7 77:2 79:13 80:14 82:7,8 95:2 96:15 97:25 101:12 102:7,8 103:4 115:8,13 115:25 116:14 116:22 118:9 120:6,15,18,22 121:9,16 122:6 129:5 knowingly (1) 7:7 knowledge (6) 6:17:10 14:3 23:4,5 34:9 knowledgeabl... 43:15 known (1) 8:16 knows (5) 15:8 16 :23 23:10 31:9 37:8 L lack (8) 19:14 33:18 57:3 77:19 112:10 118:13 125:24 126:15 laid (1)101:19 land (7) 25:4,8 25:17 26:21 80:5,12 107:5 language (1) 115:4 largely (2) 128:8 128:18 larger (4)74:3 74:2188:24 92:19 Larry (2) 43:10 112:11 lastly (3) 42:18 110:15,23 late (6) 12:11 38:4 72:9 95 :9 95:25 96:1 Laura (2) 2:11 131:21 law (60) 3:13 6:21 13:24 14:8 21:1,8,15 24 :6,9 25:1,10 25:22,24 26:1 26:17,20 29:25 30:2,7,17 31;3 37:9 42:20,21 42:25 44:8,9 44:11,11,14 51:1,19 52:16 53 :2,12,14,14 55 :11,13 56:11 56:15 71:4,12 71:14,25 72:12 72:22 77:20 78:2 83:3 85:17,19 90:5 92:15 98:3,5 105:4 109:8,19 123:20 laws (2) 63:13 74:15 lawyers (3) 42:22 106:14 122:6 lay (1) 125:4 lead (2) 70:7 100:16 leaning (1) 123:13 learn (1) 79:11 learned (2) 32:19 34:3 leave (2) 100:22 118:20 leaving (1) 117 :9 left (6) 8:219:1 23:1146:25 75:11 100:20 legal (8)15:10 16:1164:14 73:12 74:8 94:18,18 98:23 legally (3) 54:19 57:19 76:7 length (4) 23:21 59:23 62:14 91:5 lengthy (4) 11:7 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00982 15 77:25 91 :19 119:6 letter (3) 35:15 71:15 109:8 letterhead (1) 53:1 letters (3) 35:24 89:24 90:18 let's (16) 44:3 50:6,19 58:21 58:25 85:2 91:10,1196:9 96:13 97:15 106:12,15,22 123 :10 130:2 level (6) 9:5 27:17 42:17 61:10112:9 126:23 license (9) 7:10 7:11 10:3,11 20:16 25:11 71:22 99:12 113 :4 licensed (10) 16:6,6 56:2 67:4,13,14,18 75:5 91:15 99:19 licensing (6) 15:8,10 51:14 112:24 122:2 124:16 licensure (14) 12:25 13:11,11 13:24,25 16:23 17:4 25 :10 29:15 30:3,9 30:19 31:10 58:2 lie (1) 7:24 life (7) 36:18 38:25 39:10 65:21114:10 116:1,10 life's (1) 39:5 t C via M D �3 light (3) 44:5 51:12 52:9 limit (4) 49:4 64:2 74:24 81:7 limited (5) 4:16 4:23 6:1,3 124:10 line (4) 41:17 47:1172:6 105 :9 link (1) 61:16 list (2) 77:25 99:14 listed (1) 99:21 listened (1) 40:25 literally (1) 92:2 little (11) 20:22 23:14 43:21 62:13 73:25 79:19 83:19 103:23 114:22 124:14 129:4 live (9) 61:12,13 61:22 66:6 67:17 68:2 104:20 107:12 114:20 lived (2) 35:19 117:6 lives (1) 36:23 living (6) 8:3 66:24 67:4 79:12 81:2 95 :3 loading (2) 80:4 80:11 local (5) 21:8 53:12 63:13 71:4,12 located (6) 19:25 40:23 62 :7 71:20 94:7 128:15 location (4) 5:20 NEWPORT BEACH RECOVERY - 7/7/2009 62:17 114:4 126:12 lock (2) 115:18 115:20 long (9) 39:7 43:2145:23 47:8 59:18 103:19110:1 119:2 122:18 longer (2) 47:9 118:15 long - winded (1) 125:11 look (28) 31:9,19 54:15 60:1,24 61:9,15 65:9 65:13 67:6 68:18 69:1,13 70:15 79:23 90:17 94:13 96:13 101:5 102:1 109:17 110:10,16 113:5 122:1 124:8 125:5 126:7 looked (6) 32:9 38:7,8 72:18 74:18 95:20 looking (10) 19:19 30:12 39:14 61:18 67:17 68:24 70:13 97:16 116:1 127:23 looks (1) 89:1 Lopez (2) 111:5 111:5 Los (1) 3:5 lose (3) 36:15 67:24 68:2 lost (4) 9:11 31:16 39:5 103:15 lot (11) 11:8 22:4 33:8,2138:11 56:15 98:5 106:13 108:18 125:25 127:19 Louise (1) 106:17 low (1)102:18 lower (1) IO2:22 LP (1) 1:8 lynch (1) 113:19 Lynn (1) 46:12 M machine (2) 103:10 131:9 mainline (1) 98:2 maintain (1) 91 :16 making (6) 6:23 27:10 39:10 55:2 59:2 98:6 male (1) 75:5 males (1) 75:6 managed (1) 112:2 management (4) 42 :3 71:12 104:14111:21 manager (4) 3:8 6:20 25:21 104:7 mandated (1) 85:19 manner (3) 43:17,17 44:22 March (2) 7:3 72:9 Marshal (3) 76:16,23 83:24 master (2)62:24 63:1 material (8) 11:11 18:8,18 22:4 59:24 107:9 119:7 130:6 Mathena (5) 43:10,10 54:24 112:11,11 matrix (1) 109:20 matter (8) 5:4 14:18 21:3 29:15 31:23 57:6 105:19 122:14 matters (4) 14:24 24:6 27:6 107:5 maximum (3) 62:17 63:25 73:7 mayor(1)17:12 MC (1) 114:20 McBride (1) 114 :20 McGary (1) 60:8 meals (3) 9:5,6,7 mean (16) 17:21 18:12 26:6 35:17 37:22 39:24 48 :14,23 92:20 94:17 96:15 114:3 116:21 118:19 121:7 122:6 meaningful (7) 44:15 92:2,5 92:15,22 94:5 96:11 means (2)12:10 67:12 meant (2) 32:23 125:8 measurable (1) 92:22 measure (1) 92:6 measured (1) 121:13 medical (3) 100:9 124:3 125:1 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00983 16 medicine (2) 124:6,12 meet (2) 72:21 118:11 meeting (3) 37:19,19 118:13 member (3) 7:15 43:14 125:5 members (5) 17:13 19:18 29 :2 63:10 106:20 men (3) 7:11 115:21 116:20 mentioned (1) 117:2 men's (1) 99:6 merely (4) 90:14 92:6,20129:4 Mesa (5) 8:4,5 8:17 48:8 78:19 met (2) 11:17 78:8 method (1) 123:19 MFR (3) 62:7 69:2,8 Michael (2) 20:12 124:4 mid (1) 127:13 middle (1) 36:11 midst (2) 107:15 111:8 Mike (2) 35:20 39:25 Mike's (1) 116:16 millions (1) 88 :13 Killsap (2) 2:11 131:21 nind (7) 44:3 47:14 55:22 78:20 91:14 D M 98:4127:15 mine (2) 35:14 37:6 minimize (1) 121:7 Minneapolis -S... 109:24 minor (14) 7:8 7:25 8:1,2,9,9 10:8 20:14 24:18 29:13 30:4 50:17,18 72:1 minors (19) 7:11 7:16,23 10 :11 10:1912:8 16:15 17:10 19:2120:11,16 20:18,24,24 26:2 29:13 30:17 35:7 50 :14 minor's (1) 8:4 minute (1) 90:24 minutes (9) 6:3 12 :11 18:7 34:24,25 40:9 58:8 101 :25,25 mirrors (1) 27:2 misapplying (1) 94:11 misconduct (1) 119:21 misinformed (1) 102:10 misleading (2) 20:23 23:14 missed (1) 47:10 missing (2) 47:3 95:11 misunderstan... 99:16 misused (1) 92:1 mitigate (2) 63:7 69:24 model (3) 100:9 NEWPORT BEACH RECOVERY - 7/7/2009 100:9 101:8 moment (3) 30:22 49:7 53:18 moments (1) 25:6 moms (1) 78:17 money (13) 9:3 35:22 36:2,12 37:1,339:3,5 46:17 48:17 . 86:17,2188:11 monies (4) 52:8 85:22,23 90:16 monitoring (1) 71:.6 month (1) 40:4 months (1) 120:10 Moore (1) 8:16 moot (1) 14:22 morning (2) 47:4 63:7 mornings (1) 63:7 mother (7) 7:3 7:12,23 8:11 19:20 40:11 46:13 motion (1) 18:8 mouth (1) 108:17 move (6) 4:18 5:3,4 6:9 36:23 101:12 moved (2) 68:4 78:19 movie (1) 48:3 moving (3) 73:2 75:2 114:16 multi- family (2) 95:18 96:14 multi- volume ... 11:5 municipal (18) 6:13,18 21:3 24:7 25:2,16 51:12 62:5,9 63:2165:18 67:8 68:6,25 71:177:3 80:2 81:6 Myers (2) 103:14,14 name (8) 10:25 19:22 35:1,3 106:16 107:12 117:15 131:17 named (1) 20:12 names (3) 23:19 28:12 54:4 narrow (4) 5:2 29:3 30:18 84:20 narrowly (1) 31:20 naturally (1) 95:5 nature (9) 16:16 17:17 55:25 61:5 66:4 67:10 68:22 108:7 126:10 natures (1) 92:4 near (1) 67:19 Nearby (1) 107:18 necessarily (3) 51:19 76:7 102:25 necessary (18) 60:6,19,20 61:10,20 65:10 65:10 66:1,12 66:17 67:3 73:2175:23 76:2 77:6,16 78:1187:4 necessitate (1) 130:4 necessities (1) 85:3 necessity (9) 60:19 66:8,19 73:17 84:2,3,4 84:6 126:15 need (39) 10:9 33:15 40:17 44:2 45:6 55:22 56 :21 59:23 69:7 74:3 75:16,22 83:14,20,22,24 84 :8 85:10 86:11,15 87:19 88:10 89:2 93:18 94:23 98:18 101:2 106:10,14 118:15 119:1,2 123:11 126:17 127:17,23 128:20129:2,7 needed (4) 37:15 39:17 87:10 91:2 needs (9) 23:20 56:24 80:8,8 86:8 87:19 88:21 102:4 127:24 neglectful (1) 39:19 neighborhood ... 68:9 72:17 77:12,14 79:11 79:12,15 114:23,24,24 115:8 neighborhood... 70:4 79:22 neighbors (2) 77:24 81:7 neither (3) 37:9 101:8 131:13 Nevada (2) 8:11 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00984 17 124:8 never (11) 37:15 37:19 40:3 76:10 104:5 116:6,18 117:12 120:15 120:18,21 nevertheless (1) 33:17 new (5) 5:20 11:8 12:5 15:25 80:5 newly (5) 31:24 31:25 32:5 56:9,18 Newman (13) 9:15 35:8,20 36:1137:8,25 39:25 91:4,19 99:1,9,18 117:2 Newport (99) 1 :8,10 2:8,8,9 3:3,7,10,10,12 4:1,5,13,19 5:11,12 6 :18 7:4,7,9,10,15 7:17,20,22,24 8:2,5,6,8,14,19 8:19,219:1,4 9:11,18,21,23 10:5 11:2 12:23 15:8,11 15:1919:23,25 20:9,15 29:18 35:20 39:14 46:4 49:25 51:8 52:13,15 55:18 58:22,24 62 :5,9 63:20 64:13 65:18 67:7,16 75:19 76:3,4,6 78 :18 81:3 84:5,11 84:20 85:11,16 86:3 87:6 4. 88:11,15 90:11 90:25 94:6 99:4,6,10,13 99:15 101:8 102:11 105:19 106:18 112:19 112:24 120:6 124:15 Newport/Lido ... 110:8 nice (1) 38:9 night (8) 36:11 38:5 78:16 95:9 96:1 115:19 117:8 117:11 nine (2) 75:9,11 Nobody's (1) 15:23 noise (1) 103:16 noncomplianc... 90:20 non- complian... 90:1 non - conform!... 64:14 69:12,22 73:12 74:9 76:3,5 non- licensed (1) 107 :19 non - maturing ... 109:19 non - medical (3) 99:11,14,20 non - rebuttabl... 78:1 Nope (1) 58:17 normal (2) 44:21 45:9 north (1) 107:23 Northern (1) 49:2 note (3) 52:17 102:2,16 noted (3) 5:17 74:23 105:24 NEWPORT BEACH RECOVERY - 7/7/2009 notes (1) 98:22 notice (10) 12:23 15:16,17 30:6 30:11,14 53:2 71:16 83:12 122:16 noticed (2) 4:6 33:24 notified (1) 71:21 notifying (1) 8:4 noting (1) 9:19 notion (1) 55:9 NOV (1) 20:5 novo (1)70:13 number (44) 9 :19 23:19 36:15,15 41:12 41:16,24 42:12 44:148:14 54:24 58:21 59:22 65:2,5,7 65:9,10 66:17 67:19 68:4,5 68:16 72:9 73:2 75:17 86:22 87:7,16 87:16,18,23 88:16,19 95:16 101:7103:11 104:17 110:6,6 112:6,21,22,23 numbers (4) 85:9 91:1,2 97:16 NW (1) 3:14 oath (2) 88:6 131:8 Oberman (5) 40:21,22 108:13,13 109:11 object (2) 44:22 57:1 objected (1) 74:5 objection (3) 11:3 30:21 34:10 objections (1) 57:1 objective (2) 121:13,18 obligation (5) 59:12 101 :22 105:25 109:3 123:17 obligations (8) 13:13 15:10 16:23 17:4 29:18 50:1 51:7 109:2 OBORNY (2) 3:9 40:8 observation (2) 42:10121:23 observations (3) 12:2 82:21 119:4 observe (2) 44:17 120:25 observed (1) 112:9 observing (1) 111:6 obstacle (1) 87:12 obtain (6) 85:5 86:17 88:3 89:7,8 108:25 obtained (2) 32:2126:20 obtaining (1) 30:3 obtains (2) 85:22 85:22 obvious (1) 93:4 obviously (6) 29:16,19 51:12 52:20 56:25 87:14 occasions (1) 104:10 occupancy (9) 62:17 63:25` 64:2 73:8,9 75:8,13,16 83:23 occupant- type... 76:14 occupation (1) 81:2 occur (1) 15:11 occurred (10) 23:9,14 29:7 30:9 41:19 52:15 55:24 57:13,21 119:21 occurring (4) 14:2 21:13 52:11 120:24 Ocean (2) 112:25 113:6 offenses (2) 121:19,20 offensive (1) 95:6 offer (2) 45:14 76:21 offered (1) 90:11 offering (1) 116:18 offers (1) 99:10 office (4) 75:11 124:11129:24 129:25 officer (42) 1:9 4:8,11,12,15 6:1411:4,21 12:7 13:18 14:18 17:9 23:18 31:1,19 31:24 32:11 45:146:2,6 49:12 51:2,21 51:22 54:10 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00985 ffii 55:8 56:19 57:24 63:16 64:12 65:19 83:8 84:16 85:15,25 87:4 87:24 94 :13 107:1 125:17 126:23 129:22 officers (1) 120 :23 Officer's (2) 21:14102:3 offices (1) 130:8 official (1) 108:25 officials (1) 31:7 off -site (3) 7:25 63 :2 80:1 off - street (2) 80:4,10 A (4) 21:24 46:12 48:18 113:11 okay (33) 10:21 17:2018 :22 27:9 34:20,23 39:6,7,12 40:6 40:10,16,18 45:7 46 :7 47:14 49:1,18 49:2150:19 53:2157:16 58:6 82:14 96:7 97:12 - 98:20 101:3 106:11 118:1,1 123:11 125:16 old (5) 49:9,12 49:14117:20 117:21 once (4) 40:4 72:1 I27:10 129:12 ones (7) 50:9 62:13 67:12 76:14 98 :23 IM `, a, 102:23 126:6 ongoing (1) 37:14 online (2) 37 :22 39:13 onsite (1) 75:20 on -site (7) 10:11 62:2163:6 75:19 80:17,21 81:8 open (9) 5:25 9:16 34:18,22 34:23 82:13 100:20,22 106:12 opened (1) 59:7 operate (2) 91:3 111:1 operated (6) 26:2 41:4 53:11,14 71:2_ 71:11 operates (1) 105:19 operating (16) 6:20 21:5 25:21,23 42:16 44:2169:18 71:2,14,22 78 :7 87;14 96:19 104:17 105:3 125:7 operation (16) 4:20 15:19 21:6 41:1,3,10 53:2 62:10 63:17,19 66:4 69:16 73 :5 78:12 104:14 111:11 operational (1) 71:9 operations (2) 41:2 109:3 operator (17) 5:12 9:15 NEWPORT BEACH RECOVERY - 7/7/2009 20:12 41:8,20 42:2,16 44:4,7 44:16 52:21 53 :10 74:14 105:14 111:1 111:20 112:2 operators (2) 43:19 82:8 opinion (1) . 11:12 opponent (2) 34:3 53:22 opportunities ... 67:7 73:22 opportunity (2... 6:6 10:24 18:10,13 26:14 26:24 46:8 59:6 60:7,21 61:17,22 65:11 65:24 66:5 77:17 93:21 94:22 97:23 98:9 110:15 118:7 122:3 129:20 opposing (3) 27:2128:2,20 opposite (2) 43:23 85:13 order (17) 6:14 11:10 19:11 26:10 27:20 31:20 32:14 50:1163:22 64:4 66:21 77:24 86:16 88:3 89 :1 90:16 91:16 Ordinance (8) 14:3,7 64:8 69:2179:3 93:13 110:7 125:8 ordinary (1) 17:22 Oregon (1) 8:14 organize (1) 18:17 original (5) 28:7 83:8 97:11 98:13 99:2 originally (1) 97:13 ought (5) 97 :8,8 97:10,11,18 outcome (2) 14:12,13 outdated (1) 124:1 outlets (2) 64:25 81:14 outside (5) 19:2 22:19 40:1 42:14105:3 out's (1) 23:10 overburdened ... 112:22 overconcentra... 112:20 overconcentra... 55:3 64:20 70:7 74:9 78:10 79:1,4 79:14 84:2 91:24 92 :10 93:3,6,8,14,19 94:14,19 95:4 103:3 107:15 108:5,6 109:14 109:15,20,25 110:9,12,25 114:12 125:21 126:7 overcontratio... 91:25 overstatement... 23:25 27:3 28:6 32:24 54:21 overstating (1) 125:1 overturned (1) 127:11 owner (2) 6:19 104:1 owners (1) 104:4 owns (1) 107:13 o'clock (6) 11:17 22:7,8 46:25 47:4 78:15 P Pacino (1) 48:6 pack (1) 48:7 packed (1) 113:21 packet (1) 71:18 page (19) 86:1,6 86:13,19,22,24 87:7,11,16,16 87:18,23 88:14 88:14,19,20 89:10102:3,16 pages (4) 11:6 12:13 59:18 122:7 paid (2) 8:20 46:18 painfully (1) 93:4 paper (2) 129:3 129:9 papers (3) 9:9,10 93:24 parameters (1) 25:16 Pardon (1) 33:5 parent (6) 29 :13 35 :4 36:9 37:4 37:6 45 :13 parents (14) 8:4 8:10 35:4,14 35:22 40:5 42:7,13 50:3,9 50:12,13 52:23 55:18 park (3) 63:10 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00986 19 95:22 118:11 parked (2) 117:7 120:1 parking (33) 62:21,22,24 63:2,2,8,18 64:5,6,7,10 69:1172:15 73:1174:8 75:18,19,20,22 75 :24,2579:24 80:1,4;7,10,16 80:18,20 81 :8 81:10 83:21 95:21 parks (3) 77:1,5 81:14 parse (1) 94:3 part (18) 5:17,19 41:20 42:2 52:5 70:6 79:5 82:25 86:6 88:19,25 95:18 96:1 101:9 111:21,24 127:7 128:3 particular (9) 4:17 30:19 44:16,18 68:25 74:15 95:4 111:11 114:4 particularly (2) 64:2180:19 parties (1) 131:15 partners (1) 36:20 pass (1) 24:5 passport (1) 9:12 Pat (1) 8:16 patently (4) 85 :6 85:6 90:10 122:14 patients (1) 42:7 PATRICK (1) M ?t 3:4 pattern (30) 6:20 21:7 22:15 25:21,23 26:19 29:24,24 29:25 30:13 31:3,3 41:2 42:12 50:25 55:10,13 56:10 59:4 71:3,3 72:5,6,1183:3 104:22 105:10 106:6 123:18 123 :20 patterns (1) 44:8 Paul (2) 109:24 111:5 Pause (1) 58:20 pay (4) 35:23 46:24,24 102:12 pedestrian (1) 81:11 pedestrians (1) 81:10 Penal (1) 54:12 penalties (1) 44:15 Peninsula (8) 40:24 63:11 67:16 84:22 111:12 112:19 112:20 127:13 Peninsula/We... 110:8 people (60)14:4 14:20 23:5,10 26:13,22 27:4 29:5 32:6 33 :23 34:2,4 34:11,19 38:8 38:9,13,23 39:16 42:12 48:19,22 52:7 59:24 63:5 76:3 85:4 NEWPORT BEACH RECOVERY - 7/7/2009 88:2190:9 92:14 93:7,8 93:15 94:7 95:3,22,23 96:19,21 100:15 101:12 102:10,11 103:5,11 104:11,19,20 105:5,9,13 106:20,23 108:18 112:6 115:25 120:1 121:21 124:17 124:21 people's (1) 36:2 percent(1) 82:13 perfectly (1) 54:4 performed (1) 21:15 period (10) 33:1943:21 46:3 76:9 86:4 87:189:16 113:15 127:5 128:1 periodic (1) 85:21 permission (1) 117:21 permit (32) 4:12 5:12,18,21 6:1415:13 21:5 41 :7 44:4 44:7 59:4 62 :8 63:23 64:1,4 65:2 67:22 69:14,15,16,21 70:9,12,16,21 70:23,25 71:10 73:9 75:778 :1 114:13 permits (5) 22:13,14 62:24 63:2 69:17 permitted (1) 119:11 pernicious (1) 94:24 person (10) 17:9 19:19 21:5 24:23 25:11,17 34:24 60:7 119:19 120:15 personal (1) 8:1 personally (3) 37:12 44:23 126:5 persons (8) 34:7 67:18 86:9,23 87:9 92:7 95:5 102:6 persoo's(2) 16:16 125:4 perspective (2) 43:15 125:16 pertain (1) 110:19 PESCADERO... 3:17 - phone (10) 38:1 40:12 45:15,16 45:22 46:1,22 47:1150:17 105:7 phonetic (4) 46:13 47:7,25 108:14 phrased (1) 63:15 physically (1) 72:13 pick (1) 48:2 piece (2)15 :14 108:17 pieces (1) 20:4 pill (1) 116:14 pinpoint (1) 113:19 place (17)13:9 16:1417:18 30:23 38:7 47:25 64:7,16 76:13 80:23 103:13,16 105:3 109:19 120:1 124:9 131:6 placed (2)81:1 131:8 places (3) 94:15 102:14 117:8 plain (4) 37:2 39:19 49:25 50:4 Plaintiffs (1) 74:20 plan (13) 68:14 68:14 70:2 71:12 86:2,25 87:288:15,16 " 88:19,20 89:20 126:5 Planner (1) 3:9 planning (2) 22:1128:24 playgrounds (3) 64:24 77:4,7 please (19) 46 :14 49:7,9 50:22 57:2,14 58:5 84:15 85:25 86:13,19,24 87:23,25 89:23 106:12 112:7 122:1 123:4 pledges (1) 9:4 plot (1) 29:14 plus (2) 64:3 115:15 podium (1) 35:2 point (33) 6:5,9 8:5 9:21 14:22 15:3 16:20 17:13,23,24 30:12 31:11,23 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00987 20 44:25 56:23 89:15 91:2,20 92:1197:2,4 112:12,16,18 113:10,21,25 116:16 123:25 126:11,22 130:3,6 pointing (1) 104:9 points (7)24:22 43:1144:9 57:4 59:21 105:8 113:12 police (14) 8:6,7 54:10 95:15,22 96:8,12,22 104:4,5 120 :9 120:9,11,23 policies (2) 60:5 60:14 Polin (10) 3:13 11 :17 45:15,20 128:8,8,24 129:5,6,25 pooh - pooped (1) 42:1 population (2) 65:14 92 :4 populations (1) 86:8 Portland (1) 60:9 position (14) 12:1614:19 33:7 35:7 43:18 57:12 74:24 82:7 105:2 121:5,8 124:15,17 127:21 positive (1) 116:6 possible (2) 5:3 54:23 possibly (2) 54:1 F1 1 posture (1) 11:25 potential (3) 10:2 30:15 44:2 potentially (1) 30:3 Powerpoint (1) 59:16 practice (16) 5:23 21:7 22:15 26:19 27 :12 50:20 56:1166:13 71 :3 72:5 104:22 105:10 106:6 111:2 123:18,20 practices (3) 60:5,14 109:7 pray (1) 48:15 precedent(1) 21:25 precisely (2) 32:17,21 preclude (1) 51:8 prejudice (2) 33:23 34:1 prejudices (1) 12:1 premises (2) 117:3,10 preparation (1) 43:21 prepare (5) 11:15 12:13,15 56:3 101:18 prepared (5) 9:7 45:18 85:15 88:2 91:6 presence (1) 17:7 present (16) 32:7 33:1 50:10 54:3 NEWPORT BEACH RECOVERY - 7/7/2009 55:16 66:22 74:20,2183:11 107:7 113:23 123:4127:6 128:20 129:6,7 presentation (... 5:7,22 6:12 10:24 18:2 31:8 33:12,20 51:5 52:2 53:23 57:14,19 59:3,5,22 73:18 81:23 82:15,22 83:5 83:18 86:7 93:5 118:23 127:24,25 129:1 presentations ... 60:,1 106:14 presented (32) 11:11 12 :5,10 13:21 14:15 15:15 18:8 19:6 24:20 28:9 31:1,4 32:1,8 33:9,14 52:4,9 57:13 82:22 85:20 86:2 93:5,12 97:3 98:10,12 98:18 I12:16 113:22 121:16 128:19 presenting (4) 19:5 57:15 85:14 113:18 presently (2) 4:20 84:5 presents (1) 113:11 preserving (1) 79:21 president (1) 106:17 dress, (1) 84:16 pressed (1) 113:10 pretty (3) 53:3 55:19 115:19 prevent(3) 21:12 32:15 54:6 prevented (2) 57:19 75:25 Preventing (1) 79:4 prevents(1) 21:21 previous (1) 87:1 previously (6) 41:25 55:2 82:191:10 110:4 112:7 pre- obtaining ... 30:16 primary (13) 84:13,15,23,24 99:6,7 100:1,2 100:4 111:10 113:14125:20 126:19 prior (7) 22:5 30:4 41:7 76:18 99:8 131:5,7 priorities (1) 87:5 priority (7) 86:7 86:10,15 89:5 89:8 114 :1,3 prision (1)48:23 prison (3)48:3 48:23 115:22 probably (7) 4:24 26:3 43:20 46:21 59:15 110:25 130:8 problem (4) 12:21,22 26:12 88:10 problematic (2) 17:5 119:19 procedural (2) 11:25 17:18 procedure (5) 16:10,19 54:14 88:6129:19 proceeding (2) 27:15 58 :20 proceedings(3) 131:5,7,9 process(22) 12:25 13:9 15:13 16:17 17:6,2126:10 27:18 29:18 31:17 51:4 53:18,19 72:24 92:197:22,23 101:15 108:23 111:6118:21 126:25 processes (2) 17:22 44:21 produce (3) 96:7 101:16,22 profanity (2) 103:16,19 proffer (3) 24:20 32:8,19 profit (1) 107:22 program (12) 36:25 37:1 41:23 61 :5 68:23 70:21 78:25 79:5,5 102:16,17 108:7 programs (2) 87:20 102:18 wobibited (1) 54:19 promise (1) 86:17 promised (4) PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00988 21 37:2138:20 116:3117:10 promote (1) 70:1 proper (3) 16 :13 19:19 120:8 properly (1) 116:23 property (5) 53:11,13 72 :13 107:14,17 proposal (1) 128:21 propose (2) 128:6 129:14 prosecuting (1) 71:7 prospective (3) 66:9 68:1 70:19 protect (11) 13:1 14:4 21:12,18 23:19 43:1 70:5 79:6,6 80:12 125:8 protected (1) 23:20 protecting (2) 14:5 21:20 protection (1) 42:17 protections (1) 42:16 protective (2) 66:16 95:1 protocol (1) 43:2 prove (2) 38:1 105:10 proven (1)111:1 proves (1) 103:2 provide (27) 22:2 55:19 61:21,23 66:5 67:3 74:13,14 80:21 81:5 84:10 87:13 89:18,24 99:13 M 99:20 100:19 100:23'101:8 101:23 105:8,9 105:23 113:3 119:7 127:8 129:18 provided (17) 11:5,9,16 13:23 28:14 50:13 51:18 63:4,10 80:5 84:7 92:24 93:2 102:14,17 123:14 127:12 provider (2) 60:10109:5 provides (5) 84:19 99:4 111:11 113:2,6 providing (2) 87:15 94:12 provision (1) 30:8 provisions (7) 6:16 14:17 50:2 51:15,23 89 :20 90:21 proximity (14) 64:23 68:17 77:1,4,10,15 78:10 81:13 92:2194:6,15 95:3 103:15 104:18 public (39) 1:7 2:7 4:17 5:24 6:4 19:19 29:3 29:17 33:3 34:15,22,23 43:12,14 45:5 45:7,8,12 46:3 50:6,2159:6,7 70:180:12 98:21 106:11 106:12 107:4 111:3,23 112:9 22 NEWPORT BEACH RECOVERY - 7/7/2009 117:2118:7 126:19 127:17 127:20,24 128 :15 pull (1) 128 :11 pulled (1) 39:24 pulling (2) 98:1 102:23 purchased (1) 62:24 purpose (11) 18:161:7 68:13 69:13 70:9,24 79:3,8 79:16,20 81:16 purposes (13) 4:8 50:8 69:1,1 69:8,14,23,25 70:20 80:1,20 80:22 93:23 pursuant (4) 85:16,21 87:25 88:2 purview (4) 26:18 43:2,3 105:17 pushed (1) 113:9 put (27) 35:5 45:15,2146:19 46:20 47:19 48:25 54:16 71:180:23 81:10 83:15 84:17 85 :2 91:14 93:19 96:18 97:18 101:14 106:22 116:19118:16 118:23 120:2 120:17,18 121:7 puts (1) 121:4 putting (3) 88:24 97:25 98:4 p.m (6) 2:9,10 4:2,2 22:6 130:14 P.0 (1) 3:17 qualifications ... 9:21 10:3 125:1 qualified (3) 14:4,10 17:16 qualities (1) 9:20 quality (5) 9:5 13:6 15:4 65:21 114:10 quality -of -life ... 119:25 120:8 121:5 quasi (1) 79:15 question (17) 24:6 26:14 28:7,15,16 34:12 38:21 54:13 76:11 81:25 84:2,3 98:25 101:10 107:1 114:9 121:24 questions (17) 6:7 15 :21 25:10 46:5 49:18,19 54:6 59:8 81:22 101:15 117:17 117:18,19,22 123:24 129:13 129:21 quickly (4) 16:1 27:24 54:23 101:12 Quiet (1) 62:20 Quit (1) 47:20 quite (7) 24:12 31:20 33:25 35:20 95:5 100:25 111:17 quorum (1) 118:14 quote (11) 14:7 30:17 41:9 53:10 60:8 90:2 99:7,15 103:14 121:5 126:20 quoted (1) 44:9 quoting (1) 104:2 R raised (6) 7:6 112:13 121:25 123:16,24 125:14 ran (3) 39:3,13 45:17 random (1) 72:7 rank (1) 11:23 rapidly (2) 5:3 114:16 rates (3)74:19 82:7,12 rating (1) 9:22 reach (1) 47:18 read (5)17:25 39:15 110:14 116:25 119:23 ready (4) 34:16 36:14 82:18 114:19 real (3) 42:4 95:12 108:10 realize (1) 126:3 realized (1) 117:1 really (10) 27:13 47:22 48:14 69:7107:5 122:19126:1 127:1,19,21 reason (6) 2 1: 10 39:13 47:10 55:4 114:14 115:3 reasonable (41) PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00989 4:18 5:5,19 6:10 12 :14 19:12 22:3 29:4 43:8 58:11,2359:3 59:19 60:2,4 60 :11,17,25 66:12,18 67:23 68:5 70 :22 73:23 97:4,6 98:3 106:4 108:10,16,23 109:4110:16 110:24 111:8 113:20,23 114:6119:10 125:19 126:14 reasonablenes... 66:7 reasons (4) 41:24 78:3 97:20108:20 rebut (6) 6:5 24:3 26:25 118:3 119:20 120:4 rebuttal (2) 45:10 50:4 recall (1) 29:22 receive (5) 22:1 22:14 36:19 63:22 64:4 received (8) 18:6 19:17 22:5 30:14 51:5 52:8 62:1 111:23 receiving (1) 13:3 Reckers (1) 47:24 recognition (2) 17:14,14 recognize (1) 22:3 recognizing (1) M 54:25 recommend (1) 43:4 recommendati ... 6:24 62:15 72:19 98:14 recommendati... 65:1 recommended... 24:13,15 62:11 62:19 74:4 108:11 reconvene (1) 129 :7 record (25) 7:20 10:912:4,17 12:17 17:25 18:9 35:1 43:13 45:24 46:1149:25 50:5 57:1,12 100:20,22 103:8 105:12 108:20 112:1 113:15 127:7,8 131:9 recorded (1) 130:7 records (2)38:1 . 99:13 recover (1) 67:17 recovery (59) 1:8 3:12 4:5,13 4:20 7:5,7,9 8:8,15,19,21 9:11 10:5 11:2 12:2415:8,11 15:20 19:23,25 20:10,15 21:19 35,:2146:4 49:25 51:8 52:15 58:23 64 :14,18 65:16 66:25,25 67:5 67:18 70:6 23 NEWPORT BEACH RECOVERY - 7/7/2009 76:3,4 78:18 79:1081 :3 84:6,11,21 90:1191:1 94:7 102:12,18 105:19 112:24 112:25,25 113:6 120:6 124:21,22 Recovery's (2) 5:1129:18 Recreation (1) 118:11 redact (1) 23:18 redacted (1) 54:3 reduce (1) 77:24 reduced (1) 81:9 refer (1)101:17 reference (2) 14:12 99:25 referred (1) 16:7 referring (3) 16:11 17:10 20:19 refers (1) 102:8 reflected (2) 58:4 90:4 refusal (1) 60:4 refuse (1) 35:23 refused (1) 105:22 regain (1) 104:19 regard (10) 22:22 23:15 24:4 25:10 28:25 41:1 66:8 108:16 109:14 127:21 regarding (8) 50:3 58:2 83:2190:1,6 91:23 100:19 113:14 regards (2) 74 :18 111:10 regulation (1) 83:21 regulatory (6) 13:14 30:8,15 44:10,14 124:19 rehab (9) 48`.25 107:16,18,20 107:22,24 108:1,4,8 rehearing (1) 19:9 reimbursed (1) 46:17 reintegrate (1) 79:10 reintegration (1) 70:6 reiterate (2) 54:2 121:12 reiterated (2) 119:18 122:2 relapsed (1) 8:2 related (1) 19:22 relationship (1) 94:15 relative (2) 110:12 131:14 relatively (2) 95:19 127:4 relevant (2) 19:11 102:25 reluctance (1) 38:6 relying (2) 88:12 100:23 remain (1) 29:18 remaining (1) 101:13 remains (1) 125:21 remand (10) 4:10,17 10:19 12:6 18:4 19:11,13 31:19 31:23 50:11 remanded (8) 10:1618:1 19:8,845:1 55:7 56:8,12 remark (1) 53:16 reminder (5) 59:3,1173:7 73:13,17 removed (1) 8:2 render (6) 14:6 14:19 15:1 33:7 51:25 130:7 rendered (2) 57:9 83:16 rental (2) 103:15 107:13 reopen (5) 5:18 12:4,17 18:9 45:12 reopened (1) 50:7 repeat (2) 84:14 89:10 repeated (1) 90:15 repeatedly (7) 13:785:11 87:2 93:18 94:22 100:5 111:2 repeats (1) 87:17 report (32) 10:1 10:6,711:6,7 11:16,2412:12 12:15 19:22 20:14 22:1 24:14 27:19 52:25 58 :25 59:17,18,23 62:1180:25 83:9 86:14 87:17 91:9,18 95:1197:12,17 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00990 110:14122:4 123:25 reported (4) 41:6 82:5 87:8 89:6 Reporter (2) 2:11 131:4 reports (15) 13:22 22:15 77:19 82:3 85:12,19,22,23 86:18 88 :1,3 88:13 89:18. 104:5;5 represent (1) 11:1 representative... 41:18 represented (1) 30:1 reputable (1) 124:23 request (39) 4:19 5:5,11 12 :14 18:9 20:6,7 21:24 43:7 45:12' 60:15,17,18,24 61:9 62:3,12 63:14,16 65:1 65:5,7,9,9 66:12,17 68:4 68:5,19,21 73:2 74:5 75:9 75:15 83:20,22 91:9 99:2 125:10 requested (17) 11:920:9 61 :16,25 62:2 65:14,14 66 :20 73:3,4 74:13 75:14 78:9,23 79:2 80:1 109:13 requesting (1) r requests (6) 59:19,23 60:25 65:8 66:8 73:21 require (7) 25:25 60:13 62:3,4 65:13 69:18 99:7 required (23) 14:25 25:20 27:1161:17,20 61:23 62:18 63:12,19,22 66:20,22 68:18 69:5,17 70:12 70:19 72:21 73:16 74:7 78:5,7 85:20 requirement (9) 21:4,10 30:15 61:7 71 :1 76:24 79 :24 80:2,23 requirements ... 30:19 31:10 63:2164:2,5,6 64:7,10,16 71:10 73:10 , 81:6,8 89:20 97:18 requires (8) 6:13 62:6 69:21 75:20 76:12 77 :3 86:7 92:15 RES (1) 99:15 research (1) 124:10 researching (1) 9:18 reside (5) 63;6 77:22 80:17,21 84:5 residence (2) 108:14,18 resident (5) NEWPORT BEACH RECOVERY - 7/7/2009 19:25 61:24 64:3 117:4,6 residential (16) 62:6 64:11,18 64:22 66:6 67:5 69:12,22 70:4 72:17 75:2179:21 84:13,15,24 108:3 residents (43) 21:2140:23 42:3,6,23,23 43:1,6 62:17 62:25 63:1,4 63:20,25 64:9 65:2,4,7 66:9,9 66:11,14,16 67:21,24 68:1 68:169:10 70:19 73:7,25 74:1,15,25 75:1,3,4,6,14 75:22 79:6,7 115:14 resident's (1) 8:1 Resolution (9) 55:156:4,4,6,7 56:20,22 58:19 125:22 resources (1) 108:9 respect (9) 4:17 29:6,7 45:12 53:4 55:6,24 109:2 125:24 respectfully (3) 45:16 52 :19 58 :3 respects (2) 41:3 83:19 respond (28) 11:13 12:12,24 13:5,7,12,15 14:16 15:9 17:3 18:10,14 19:1,3 28:6 29:19 30:22 31:22 34:5 36:8 53:6 54:1 89:16 97:23 98:10 121:5 122:9,16 responded (1) 111:16 responding (3) 51 :995:9 96:12 response (9) 11:14 18:17,23 36:10 50:21 52:18 122:3,4 122:20 responses (2) 98:21 129:15 responsible (2) 120 :8 121:10 rest (2) 101:16 101:19 restrict (1) 4:25 restriction (3) 62:5 75:16 83:23 restrictions (6) 13:14 75:8,13 76:18 81:1,11 result (5) 7:1 61:4 68:21 78:12,24 resulted (2) 7:19 108:8 results (2) 68:10 108:6 RES -Detox (1) 99:15 retained (1) 81:8 retaliation (5) 15:4 41:25 43:24 106:22 108:19 retaliatory (3) 19:16 20:2 43:17 reticent (1) 129:5 retribution (2) 24:1227:2 return (5) 5:14 6:5 29:4 39:4 59:7 returns (1) 37:2 review (7) 4:15 16:132:14 33:2 101:24 129:12,21 reviewed (2) 42:21,21 re- endorsing (1) 83:8 RICHARDS (1) 3:4 right (29) 4:4 6:25 14:24 17:9,2122:17 31:2132:25 34:17 38:21 50:19 54:22 57:22 58:21 82:18 85:8 93:10 96:24 97:7 105:6 106:9 114:18 117:7 118 :5,22 121:2126:12 126:20 130:10 rises (1) 51:19 risk (2) 111:3 114:11 risky (1)116:10 room (5) 46:1 59:12 80:14 87:20117:11 roommate (2) 47:6,8 rough (1) 102:15 roughly (1) 50:13 route (1)100:15 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00991 24 RPR (2) 2:11 131:21 Rudolf (1) 124:4 Rudolph's (1) 125:11 rule (1) 28:17 rules (6) 27:15 28:8 60:5,14 83:11 106:2 run (10) 37:1 41:8 95:15,20 96:6,7,11,13 121:15,19 running (4)21:7 81 :3 82:12 121:20 runs (3) 31:17 83:5 95:16 R2 (3) 69:2,8,11 S (1) 3:5 safe (1) 9:13 safeguard (1) 13;1 safeguards (5) 13 :9 14:5 16:14 17:18 29:20 safely (2) 41:13 111:3 safety (4) 43:1 70:171:23 80:12 ;ake (2) 30:23 97:15 sampling (1) 89:11 sanctions (1) 44:15 at (1) 38 :5 3aul(1)108:14 savings (1) 39 :5 law (2) 38:6 83:15 aying (4) 88:9 96:7113:1 121:18 says (12) 6:19 20:20 52:25 53:1,22 71:16 102:3,7,8,17 110:16124:5 scary (2) 48:9,12 scattered (1) 26:13 scene (1) 120:25 scheduled (3) 4:7 118:12 130:5 schools (4) 64:24 77:2,5 81:14 Schoonover(1) 103:18 screaming (1) 23:24 scuzzy (1)38:7 seal (5) 23:18 54:3,13 106:24 106:24 search (2) 19:21 20:2 second (21) 4:18 8:13 10:20 12:2 17:5,24 30:6 50:17 51:16,20,20 63:14 85:7 86:6 89:15 90:12 92:11 96:1 119:16,17 121:11 secondary (1) 69:24 Secondly (4) 23:15 41:12 109:14 113:25 second -hand (1) 115:5 section (10) 6:16 6:18 21:3 53:10 60:22 NEWPORT BEACH RECOVERY - 7/7/2009 62:6,10 64:6 68:25 71:23 sections (1) 76:13 Security (1) 7:13 see (28) 17:7 24:19,23 27:4 36:14 38:23 39:143:5 50:6 50:19 59:17 80:24 86:1,8 86:14,2187:18 88:20 89 :2 90:4 95:15 99:12 113:22 116:19 124:25 126:22 129:2,7 seeing (1) 118:12 seek (1) 55:6 seeking (1) 58 :23 seeks (1) 15:13 seen (12) 15:23 20:13 24:22 28:11,12 72:8 72:9 73:18 74:1176:6 82:3 123:20 select (1) 33:16 selected (3) 27:25 28:2 63:21 self- inflicted (1) 119:3 send (3) 36:25 116:7 127:25 sending (1) 42:14 sent (6) 34:4 37:7 56:16,17 71:16 116:6 sentence (1) 102:17 sentences (1) 48:23 separate (5) 29:7 37:7,9 56:12 62:13 separately (1) 73:3 series (1) 41:17 serious (1) 121:6 service (4) 85:1 87:13 99:5 127:12 services (31) 7:14 10:11 20:5,8,12,16 20:25 53:1 55:19 60:6 71:15,24 72:24 72:25 84:7,10 85:5 86:15,23 87:3,13,15,21 88:17,21,22 90:10,1195:13 99:11 113:7 sessions (1) 63:5 set (10) 12:2,17 29:6 30:20,21 30:22 92:12 93:1 129:14 131:6 setting (1) 66:6 seven (1) 69:10 shady (1) 38:7 shape (3) 43:16 44:20,22 share (2) 85:13 101:21 sheet (1) 121:19 sheets (8) 95:15 95:20 96:6,7,9 96:11,13 121:15 SHIRLEY (1) 3:9 ;hoes (1) 53:25 short (5) 38:2 89:16 103:1 122:18 127:5 ;horthand (3) 2:11 131:3,10 shortly (2) 8:21 33:16 shortness (1) 121:24 shots (3) 39:11 39:1747 :15 shoulders (1) 111:14. shoveled (1) 27:20 show (12) 26:16 36:5 72:4,11 73:16 74:3,3 74:2193:25 96:7,9 123:19 showed (1) 66:16 shown (1) 123:19 shows (1) 35:16 shrift (1) 103:1 shuttle (1) 63:11 side (4) 112:24 128:10129:17 130:2 sides (1) 127:6 signed (1) 9:9 significant (2) 33:15 127:14 similar (15) 6:21 42:17 59:4 66 :4 67:9,19 68:3,17 69:11 71:2 75:18 81:11 110:13 121:14,14 similarities (1) 92:3 similarity (1) 74:19 similarly (1) 4:25 simple (5) 37:2 39:20 55:19 103:6 104:9 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00992 25 simply (5) 28:8 54:17 55:7 58:10 130:8 sir (5) 10 :22 13 :18 14:9 33:3 45:2 site (14) 9 :4,20 18:13,14 35:17 48:17 90 :21,22 101:17109:12 122 :2 123 :1 124:5 125 :14 sites (3) 96:20 113:5 124:1 sitters (1) 37:17 sitting (2) 14:18 105:5 situated (1) 66:10 situation (5) 21:13 48:10,12 48:24110:18 situations (5) 21:1154:9 76:779 :18 81 :15 six (7) 22 :8 24:2140:8 62:2175:19 119 :13,22 size (5) 74 :3,12 74:12,13,21 skills (1) 79:11 sleep (1) 116:8 slide (3) 73:18 74:1177:8 slides (1) 83:15 smell (1) 115:6 smoke (1) 27:1 smoking (3) 115:6,15 119:25 mippets (1) 98:1 sober (2) 8:3 36:22 social (14) 7:13 9 P1 D 10:1020:4,8 20:12,16,25 53:171:15,24 72:24,25 87:13 100:8 solely (3) 4:23 5:127:11 solicit (2) 15:6 29:2 solicitations (1) 15:11 solicited (2) 12:9 19:16 somebody (1) 84:23 someone's (2) 67:17 120:18 somewhat (1) 43:15 son (23) 8:15,18 8:219:1,6,8,8 35:8,11,18 36:17 37:12 38:11,13 47:12 47:23 48:2,25 49:9,12 114:25 114:25 115:3 son's (5) 8:14,20 8:25 9:12 48:5 sorry (7) 7:12 23:3 26:7 36:15 46:10 51:13 56:5 sort (1) 21:12 sorts (1) 48:7 sounded (1) 37:23 sounds (1) 32:9 source (5) 60:12 60:22 65:17 120:12 121:1 so- called (1) 109:5 space (1) 75:20 spaces (3) 62:21 75:19,22 26 NEWPORT BEACH RECOVERY - 7/7/2009 speak (26) 26:23 29:17 34:2,8 34:25 40:20 41:15 45:4,6 45:13,18 50:21 59:25 98:17 100:18 101:13 103:5 105:6,7 106:21,23 114:17,18,22 117:25 118:4 speaker(3) 45:15,16 46:1 speaking (5) 27:10 40:22 107:3 108:13 119:17 speaks (3) 28:17 45:3 112:2 special (6) 48 :18 69:18 86:8 116:11,24 117:12 specialty (2) 116:2,13 specific (13) 12:6 18:1 28:12 63:24 67:2 68:14 73:14 75:2 94:20 97:9,17 110:19 128:19 specifically (9) 53:15 69:25 86:9 87:7 90:2 109:23 112:14 114:8 116:5 specificity (1) 125:24 specifies (1) 82:6 speculation (2) 93:2 121:3 speculative (1) 105:2 speed (1) 59:16 spell(1)35:1 spirit (1) 89:13 spite (1) 12:13 spoke (5) 9:18 35:8 45:18 50:12 112:6 staff (99) 6:8,23 7:15,24 9:1,23 10:1,21 11:5,6 11 :9,24 17:7 18:3 19:22 20:14 22:1,14 24 :12,13,16 26:8 27:19,22 29:1131:22 40:22 41:15 43:16 52:19,20 52:24 53:8,16 55:9 56:3,21 56:23 58:15,25 59:5,17,17,23 62:11,19,25 63:1,4 65:1 66:7,1171:13 72:10,18 73:20 74:4,4 78:5 80:24 81:22 82:15,16 83:6 83:8,18,19 84:4,6,16 85:2 85:4,7 88:7 89:17 91:9,18 91:22 92:16,25 93:6,10 95:8 97:12,1798:10 98:13,20 107:8 108:11,24 110:13,22 111:9 115:15 116:16 122:4 123:25 125:5 staffs (2) 6:11 97:11 stand (1) 57:1 standard (6) 21:5 22:6,8 64:2194:11,24 standards (8) 58:24 63:22,24 71:9 78:7 80:7 92:2 121:13 standing (1) 83:7 start (2) 73:2 129:5 starting (1) 47:22 state (31) 14:11 21:1,8,15 25:12 42:20,21 42:24 44:13 51:23 53:12,14 63:13 65:17 71:4,11,14,25 72:11,22 77:20 78:2 84:8 86:7 89:21,25 90:5 90:6 124:18 128:15 131:4 stated (11) 5:25 19:15 49:24 78:3 79:16,17 80:2 83:4 87:2 97:20 99:9 statement (3) 20:22 66:24 117:5 statements (3) 17:123:17 31:4 states (4) 21:4 85:17 86:3 116:4 State's (1) 122:1 stating (2) 9:21 94:11 statistical (1) 112:15 statistics (1) 112:18 status (1) 113:14 statute (2) 87:25 88:2 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00993 stay (5) 8:17,21 65:3 102:24 118:14 stealing (1) 120:16 stereo's (1) 103:21 Steve(2)3:13 128:8 stick (7) 92:6,13 94:3 103:7 104:9 125:25 126:1 stipulate (2) 54:14 122:23 stolen (3) 103:19 103:22 120:15 stories (1) 23:6 straight (2) 36:17 55:20 Strategic (2) 88:15,16 street (8) 3:14 41:5 85:5 90:9 107:21 108:15 126:2,21 strenuously (1) 94:21 strict (2) 28:17 106:2 strictly (1) 13:22 strike (1) 16:20 striking (1) 83:18 strikingly (1) 95:11 strong (1) 127:10 stronger (1) 126:16 strongly (6) 105:22 125:17 125:19 126:13 127:22128:3 struck (1) 119:24 D M stuck (1) 22:16 student (1) 36:17 stuff (1) 37:17 subject (7) 53:2 58:18 64:10 67:12,22 104:1 108:1 subjective (1) 126:1 submission (1) 119:12 submissions (2) 129:13 130:3 submit (8) 23:17 32:3 66:20,24 119:11 123:10 129:15,17 submitted (14) 10:15,18 42:4 74:6 85:16,24 86:16,25 88 :3 88:8,25 91:8 91:10 129:16 submitting (1) 85:21 subscribed (1) 131:16 subsequent (2) 4:13 7:12 subsidiary (3) 51 :3,20 58:3 substance (8) 7:5 86:14,23 87:2188:17,21 89:2,8 substantial (6) 68:10 81:9 85:9 89:3 90:25 119:7 substantially (2) 11:25 68:13 substantiated ... 71:7 substantive (2) 15:14 20:3 NEWPORT BEACH RECOVERY - 7/7/2009 substituted (1) 95:1 suffered (4) 37:13,13 39:18 104:13 suffering (3) 39:186:23 116:12 sufficient (4) 33:17 44:12 66:4 72:15 suggest (8) 24:17 30:25 31:5 32:21 102:9 104:23 105:16 118:9 suggested (5) 24:1125:23 32:19 106:24 108:18 suggesting (2) 105:2 128:24 suggestion (5) 4:2122:23 54:17 63:5 101:17 suggests (2) 102:16 103:7 suited (1) 72:13 summarize (3) 8:15 9:25 17:2 summary (1) 74:17 summertime (1) 80:16 Sunday (1) 63 :7 super (1) 90:12 supervision (3) 77:20,22 111:21 supervisors (1) 16:11 supplemental ... 56:4,6 supplementati... 100:19 supply (2) 66:3 98:9 support (3) 113:13,13 123:8 supportive (3) 65:16 86:22 87:21 supports (1) 52:1 suppose (2) 35:6 118:14 supposed (6) 37:19 38:15,19 39:9 69:15 115:25 sure (12) 27:17 28 :20 32:16 34:25 38:3 39:10,23 46:I2 46:23 76:23 98:22 122:13 surprised (1) 111:17 surprising (1) 57:20 surrounding (4) 72:17 79:11,12 80:12 sustained (1) 103:13 sweetest (1) 40:2 system (3) 63:11 76:10100:16 tag (1) 121:20 tainted (1) 32:15 take (24) 8:7 18:20 29:15 31:19 35:7 36:2 37:16,24 40:15 48:8,16 58:8,11 75:10 83:14 90:17 92:6 103:7 114:25 115:1 122:1 126:4 127:4,22 taken (10) 2:7 7:25 8:3 35:21 37:174:24 119:14 124:1 130:3 131:5 takes (2) 47:15 104:16 talk (5) 42:5 89:3 90:24 93:6 115:13 talked (4) 18:12 70:18 82:1 111:19 talking (3) 16:15 108:24115:13 technical (1) 55:24 telephone (3) 3:1395:9 128:16 telephonically ... 128:17 tele- conferenc... 129:8 tell (7) 15:17 32:17 49:11,17 78:15 82:8 86 :19 telling (2) 7:20 98:5 tells (3) 68:6 87:1192:8 temporarily (1) 50:7 temporary (1) 30:16 ten (1) 96:8 tenants (1) 103:15 rennyson (1) 3:14 erm (2)100:5,6 ermination (1) PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00994 27 93:23 terms (8) 44:17 62:1189:5 90:5 94:9 98:2 98:3 100:15 terrible (1)48:3 terribly (1) 112:20 terrific (1) 124:4 test (3) 38:17 72:6116:5 testify (7) 27:5 29:6 34:19 35:18 42:15 43:14,21 testifying (2) 88:5 131:8 testimony (21) 5:1,25 25:5 26:23,24 29:15 33:4,25 34:9 42:8,8,9 44:24 49:20 IO2:20 103:12105:12 123:21,22 129:6,7 thank (36) 5:8 10:25 18` :21,22 18:24 22:17 25:18 26:7 28:19 32:25 40:19 43:9 45:746:7 49:15,2152:17 58:7 81:24 82:20 101:11 106:8 107:2 108:12 111:4 112:5 114:15 115:10,12 117:23,24 122:19125:15 128:2 130:9,12 thanks (2) 40:6 82:14 herapeutic (9) 0 w 61:24 65:22 66:23 67:1,3 74:10 75:4 76:1 87:14 ther'apeaticall... 74:22 thereof (2) 112:10131:12 they'd (1) 118:7 thickens (1) 29:14 thing (18) 17:5 22:2125:14 30:1,13 31:14 31:14 36:10 83:7 85:7 101:5 113:17 115:24116:21 121:11,16 122:25 124:14 things (25) 9:20 18:16 23:1 27:18 31:9 38:11,12 48:5 48:7 52:6 55:3 56:15 101:17 102:14 104:13 110:21 112:16 121:15 123:15 124:2,25 125:7 125:12 127:20 128:10 think (95) 4:24 11:20 12:14 17:12 20:21 23:14,25 25:7 26:3,8,9 27:2 28:6 31:15,16 32:23 33:14 34:1,6 35:20 36:137:24 40:14 46:16,22 48:1153:15 54:5,21,22 55:12 56:12 57:18 58:13 NEWPORT BEACH RECOVERY - 7/7/2009 72:8 81:22 82:2 83:14 88:14 89 :12 91:2192:17 93:10,12,22 96:23,24,25 97:1,4,14,18 97:19,21 100:17 101:4 101:14,18 102:13,23,24 104:16 105:15 105:16 106:5 107:5 110:22 111:15,19,20 111:24 112:1 112:14 113:9 113:20 118:17 119:15 122:5 122:24 123:14 123:17,25 124:8,23 125:2 125:21 126:15 127:4,23 128:23 129:3,3 130:1,3,10 thinking (1) 125:21 Third (1) 30:12 Thomas (3)1:9 4:7 46:2 thought (5) 40:2 53:4 78:20 105:24 115:19 thousands (1) 88:13 three (12) 34:25 38:9 39:18 59:9 62:24 75:20,2186:22 88:16 103:21 119:4,21 three -day (1) 122:8 three -way (1) 129:23 threshold (1) 73:3 tie (1)126:18 tied (3) 43:22 60:19 65:22 time (61) 8:14 10:15 11:17 12:13 16:13 17:8 18:3 19:13,14 20:18 21:20 22:3,6,7 22:8,1128:14 33:10,17 35:7 35:12 37:16 38:2,24 40:7 43:22 47:8 49:4 50:10,14 53:6 59:25 64:16 66:14 69:4 86:4 89:15 93:13 98:15 101:2,13 101:16,18,25 103:10105:8 106:13 108:9 112:10 114:17 118:1,13 119:2 119:14 120:24 121:24 122:19 127:5 128:1 130:14 131:6 times (7) 35:9 38:139:19 44:19103:21 117:3 119:22 time -wise (1) 118:6 Tina (1) 46 :16 tired (1) 108:17 title (1) 9:12 today (25) 4:5,10 5:5 14:2 17:8 18:6,15 28:18 33:8,10,14,24 34:2,12 35:25 43:5 45:14 55:159:22 70:17 86:12 111:15 123:21 124:14128:13 today's (1) 5:17 told (31) 8:7 13:7 14:23 16:24 18:18 32 :5,14 38:14 38:20 47 :5 49:16 85:11 86:9,1189:12 89:13 90:7,8 90 :12,15 93:18 94:22 95:14,15 95:19,24,25 101:1 103:18 115:22116:16 tone (1)19:I6 tonight (1) 118:17 top (3) 87:11 102:3,7 top -to- bottom ... 15:19 20:20 total (1) 110:6 touch (1) 15:7 touched (1) 104:22 town (1) 93:19 traffic (1) 68:11 transcribed (1) 131:10 transcript (1) 119:23 transcription (... 131:12 transforms (1) 79:14 transported (1) 63:11 trash (5) 120:2,3 120:17,18,19 travesty (1) 48:21 treat (4) 7:11,22 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00995 28 64:13 76:2 treated (2) 76:4 76:11 treating (2) 73:12 74:8 treatment (15) 7:4,8,16 8:23 13:4,8 16:16 16:17 50:3 55:25 80:17 84:13,18 85:9 89:3 tried (4) 35:24 36:7 39:10 104:7 trips (1) 48:1 troubling (1) 7:6 truck (3) 103:19 120:15,16 true (5) 9:25 20:1152:9 88:10 120:6 truly (3) 96:10 121:21 125:13 truth (1) 85:23 try (4) 27:23 39:14101:11_ 123:2 trying (7) 28:1 37:10 38:2 69:3 78:17,17 104:19 Tuesday (4) 1:11 2:10 4:1 122:16 turn (13) 5:6 29:2185:25 86:6,13,19,24 87:7,11,16,23 98:6 126:18 turned (3) 54 :10 54:12 124:9 Turning (1) 65:8 turns (1) 126:25 twice (2) 17:11 72:1 D 7:8 10:19 14:9 14:20 15:1,4 17:10 23:1 29:7 35:13 36:22 37:4,7,9 38:9 39:18 44:1,9 48:13 50:14,15 52:6 52:7,22 55 :12 55:15 56:1 58:22 59:19 62:2,12 64:2 64:22 65:5 72:173:2 78:17 83:12 104:10105:5 112:23 119:21 126:19128:12 129:14 130:2 type (7) 41:9 54:7 65:24 67:9 84:20 104:18 115:24 types (9) 12:24 13:9 16:I7 17:18,23 42:15 87:3 120:5 122:10 typically (1) 45:14 U ultimately (2) 96:25 97:1 unable (4) 53:9 61:13 102:12 119:12 unaware (3) 29:9 35:6 117:9 unbelievable (1) 46:16 uncommon (1) 54:9 uncontroverte... 106:5 NEWPORT BEACH RECOVERY - 7/7/2009 underlying (1) 95:7 undermine (4) 43:18 68:13 69:14 80:22 undermined (3) 70:9,2181:17 undermining (2; 61:7 79:2 undersigned (1) 131:3 understand (12) 11:2128:24 29:5 79:9 87:25 96:12 99:22 106:1 113:3 125:13 125:23 127:21 understanding.. 27:7 42:19 100:12125:4 understood (3) 30:18 118:18 123:6 undertake (1) 12:19 undertaken (1) 15:6 undue (5) 43:5 61:2 68 :19 78:14 114:11 unfair (4) 92:17 96:25 97:1 122:15 unfairness (1) 31:17 unfortunately ... 106:13 unintellible (1) 48:16 unintelligible (... 46:24 48:5,11 48:20 unique (9) 85:1 90:10 99:5,23 100:24 111:12 113:11,14 127:12 unit (6) 16:7,8 75:10 95:18 103:15 126:3 United (2) 85:17 86:3 units (3) 69:10 82:4 112:21 unlawful (1) 60:3 unlicensed (1) 78:19 unnecessary (1) 115:24 unquote (2) 121:6 126:20 unreasonable ... 60:25 105:18 unrelated (1) 95:21 unsolicited (3) 19:17,18,18 unsubstantiat... 84:17 unsupervised (... 8:24 untenable-(l) 121:8 untrue (2) 90:10 117:4 update (1) 96:20 uphold (2) 42:19 42:24 upwards (1) 124:23 Urban (2) 85:18 86:4 urge(8)31:18 89:17 90:17 97:7 98:11 100:22 108:10 119:16 use (69) 4:12 5:11,18,21 6:14,15 21:5 25:4,4,8,17,17 26:2141:7 43:7 44:4,7 55:4,5 59:4 60:7,2162:8 62:16,23 63:1 63 :22 64:1,4 64:14,18,19 65:1167:22,22 69:13,14,16,17 69:2170:9,12 70:16,21,23,25 71:8,10 72:14 72:16 73:9,12 74:9 75:6 76:3 76:5 77:11,25 80:9,15 92:4 103:19 106:13 107:5 111 :21 111:24114:13 119:18 126:10 uses (12) 64:11 68:17 69:17,20 69:2270:3 77:10,15 80:5 80:6,8,13 usual (2) 60:14 66:7 utterly (1) 43:24 U.S (2) 60:22 79:17 v (3) 60:8 65 :17 79:17 vacancies (1) 82:3 vacancy(5) 74:19 82:2,7,9 82:12 vacant (1) 82:13 Valentine (1) 20:13 Valley (1) 8:11 van (3) 46:13 120:1,2 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00996 29 vandalized (1) 120:14 vandalizing (1) 120:16 variety (2) 41:3 42:22 various (3) 42:22 110:17 110:18 vehemently (3) 52:15 103:5,6 vehicle (1) 8:1 verbal (1) 59:22 verbatim (1) 131:8 verify (1) 9 :24 verifying (1) 125 :11 version (1) 86:2 versions (1) 76:18 versus (3) 44:11 69:2 99:15 vetted (1) 88:7 viability (7) 65:15 66 :2 73 :24 75:3 76:191:3,17 viable (3) 61:21 66:2191:21 view (1) 114:2 vigor (1) 15:5 violate (2) 13:13 50:1 violated (4) 44:2151:23 71:25,25 violating (5) 26:20 31:3 56:1171:4 83:10 isolation (42) 6:21 7:910:10 14:8 15 :16,18 15:20 20:25 21:8 24:8 M i 25:22,24 26:1 26:17 29:25 30:2,6,7,8,11 30 :13,14 44:13 51:1,17,19,24 52:16 53:2 55:11,13 56:14 71 :16,23 72:11 80:19 83:3,13 89:19,24 90:18 125 :7 violations (15) 10:2 12:25 13:11,24 21:15 29:6 30 :3 41:13,14,18 44:8 55:24 72:22 77:20 78:2 visit (2) 40:5 81:4 visitation (1) 47:20 visitor (2) 75:24 75:25 visitors (3) 62:25 64:9 80:21 visits (1) 40:3 vis -a -vis (1) 26:2 voice (1) 107:11 volumes (1) 93:24 voluminous (1) 11:24 vote (2) 18:4,4 W (2) 1:9 4:7 wade (1) 22:4 wait (2) 98:21 125:17 waiting (2) 37:7 39:25 waive (2) 79:1 97:17 waived (1) 63:25 NEWPORT BEACH RECOVERY - 7/7/2009 waiver (21) 7:16 7:18,2130:4 30:16 31:10 63:19,20,21 64:1,20,23 73:9 74:8 75:8 75:15 77:1,6 79:25 80:22 81:13 waiving (4) 70:22 77:16 78:9 81:17 walked (3) 9:14 9 :15 48:10 walking (2) 48:2 115:7 want (41) 6:11 17:24 22:21 29:1731:14,15 34:15 37:24 38:23 39:1 42:18 43:13 46:10 47:12 49:25 50:4,4 53:47 87:24 89:15 92:11 98:17,20 100:17 103:3,5 110:21,23 112:12,16 115:3,12 116:19118:6 122:11,20 124:9 125:3,5 127:18 129:23 wanted (11) 4:14 24:2 34:16 35:8 38:18 39:24 54:2 98:24 105:7 114:22 115:8 wants (3) 17:2 76:22 114:18 warrant (1) 16:13 Washington (3) 3:14 65:17 129:25 wasn't (4) 9:9 34:16 76:7 116 :23 waste (1) 108:9 watched (1) 117:11 WATSON (1) 3:4 way (24) 18:18 25:7 26:2 37:22 38:19 43:16 44:4,20 46:22 50:5 51:8 54:25 88:25 93:11 94:3 99:21 104:8 105:3,19 112:3 113:18 121:8 122:10 124:21 ways (4) 23:19 24:2 44:22 122:15 Web (18) 9:4,20 18:13,14 19:21 35:17 48:17 90:21,22 96:20 101:17109:12 113:5 122:2 123 :1 124:1,5 125:14 Wednesday (1) 11:18 week (2) 9:7 52:13 weekdays(1) 47:17 weekend (4) 27:2137:18,18 48:18 weekends (1) 47:17 weeks (3) 128:12 129:14 130:2 weight (1) 25:5 welcome (2) 40:15 107:7 welcomed (1) 5:24 welfare (1) 70:2 went (4) 36 :3,17 36:18 104:6 weren't (3) 56:2 76:9115:18 West (11) 5:12 41:5 67:16 84:21 107:14 107:17, 19,21 107:23,25,25 we'll (11) 4:4 45:7 56:23 73:13 77:7 101:1 120:18 120:21 129:15 129:17130:4 we're (40) 4:16 11:12 12:11,15 16:14 24:25 25:1,14 27:11 28:24 30 :12 31:18,2134:17 38:3 46:3 53:6 57:4 65:3 68:24 69:2 77:19 87:23 93:15,16,20 94:11,11,12 95:25 97:16 98:6 100:23 111:7114:16 118:1 121:16 121:22 124:16 129:19 we've (29) 18:1 21:22 36:13 40:25 41:25 42:2150:6 51:17 52:5 54:8 67:21 68:3 70:24 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00997 30 72:8,9 73:17 74:1,2,1176:6 78:3 94:22 106:13 109:20 123:16,20 124:14 127 :19 128 :9 whatnot (2) 23:17115:14 whatsoever (2) 94:1 113:12 Wheatl -field (1) 47:7 WHEREOF (1) 131:16 Whichever (1) 50:22 willing (4) 33:25 45:22 91:16 102:9 Willis (19) 29:12 35:3,3 39:22 40:11,14,17 50:18 115:11 115:11 117;15 117:15,18;21 117:24 123:21 124:7,18 125 :5 winded (1)110:1 wiring (2) 120:20,22 wisdom (2) 26:15 44:3 wish (4) 34:7 40:20107:8 117:25 wishes (2) 23:16 53:7 withheld (1) 106:21 WITNESS (1) 131:16 witnesses (1) 131:7 Wolcutt (11) 3:8 18 :24,24 22:22 7 27:19 47:22 59:2,14,14 82:5 104:22 woman (3) 102:21 105:7 116:16 wonder (1) 106:23 wondered (1) 108:22 Wood (4) 107:12 107:12 110:4 126 :11 Woods (6) 74:11 74:18,23 82:1 97:25 98:4 word (2) 26:11 89:13 words (3) 51:6 93:3 95:24 work (5) 26:4 28:25 38:8 56:20 95:9 worked (2) 27:22 95:25 workers (1) 47:4 working (4) 96:1 122:12,13 127:5 works (3) 99:17 128:23 130:1 world (1) 40:2 worse (1)38:24 worth (1)119:15 wouldn't (3) 78:12 119:1 130:5 Wow (1) 37:24 wrap (2)118:17 118:23 writing (5) 15:24 107:8 109:10 128:1 130:8 written (6) 97:24 107:9109:13 119:12 122:3 NEWPORT BEACH RECOVERY - 7/7/2009 130:6 wrong (5) 13:17 14:193:11,12 120:1 W- i- 1 -1 -i -s (2) 35:4 117:16 yard (7) 92:6,13 94 :3 103:6 104:9125:25 126:1 Yeah (1) 32:9 year(4)5:10 70:1172:3 119:22 years (7) 41:5,19 49:14 109:24 115:22 117:21 120:10 yesterday (1) 46:20 young (3) 41:22 42:14 115:20 youth (2) 7:14 7:14 Z zone (5) 69:2,2,2 69:12 108:3 zones (2) 62:7 69:8 zoning (13) 13:20,24 14:18 21:2,9 51:13 68:22 69:23 70:20 78:24 79:24 81:17 108:7 $10,000 (4) 8:20 35:23 37:7 39:21 312,000(l) 48:19 $15,000(2) 48:18,19 $1500 (1) 46:20 S35,000(2) 35:23 102:24 $45,000(l) 48:17 $5,000 (2) 37:9 46:24 $55 (1) 9:6 0 0509 (1) 87:1 1(3) 7:3 71:16 86:1 1/2 (3) 38:6 47:23 111:5 1:30 (1) 22:6 10 (10) 11 :10,10 11:15 12:14 22:147:3 72:4 87:23 128:12 128:12 10 -day (2) 21:24 33:19 10 -story (1) 74:25 11 (2) 88:14,15 1100 (1) 108:3 1115 (1) 107:21 1119 (1) 107:14 1120 (1) 107:18 1125 (1)111:5 1132 (1) 107:17 12 (4) 46:25 63:6 72:4 88:19 12th (5) 5:10,16 62:11 103:24 108:15 1200 (2) 108:4 114:21 1214 (1)107:13 1216 (2) 5 :12 107:25 1217 (2) 107:23 107:25 1219 (1) 41:5 13 (1) 88:20 14 (16) 62:17 63:17 69:10 73:25 74:1 89:1191:1,7,8 91:17 97:12,15 97:17,18 98:13 115:14 14th (1) 5:14 15 (4)12:1118:7 115:14,22 1508 (1) 71:24 17 (2) 49:14 117:21 17- year -old (2) 7:4 55:15 17- year -olds (1) 56:1 18 (12) 49:17 63:20,25 73:7 73:25 75:2,4,6 75:14,22 91:1 97:15 18th (1) 99:1 19 (1) 75 :14 1997 (2)64 :19 76:23 2 2 (4) 22:7 38:6 47:23 102:3 20.10.020 (2) 62:6,10 20.66.030 (1) 64:7 20.91A.050 (2) 53:1171:9 20.91A.050(c)(... 78:8 20.91A.050.C4... 21:4 10.91A.060 (2) 6:18 78:6 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00998 31 200 (2) 46 :22 67:11 20015 (1) 3:14 2002 -09 (1) 56:5 2008 (5) 76:17 76:22 83 :25 95:20 103:11 2008-05(l) 69:21 2009 (6)1:11 2:104:1 5:14 7:3 71:16 2009 -002 (1) 56:6 202 (1) 3:15 207 (1) 67:14 213 (1) 3:6 24 (1) 99:25 24- hour(1) 71:12 24/7 (1) 38:15 280 (1) 124:23 29 (1) 91:15 29th (1) 47:1 3 (2) 6:3 86`.13 3- year -old (1) 114:25 3:00 (2) 2:9 4 :2 30 (1) 99:7 30th (1) 7:3 300 (2) 92:14 110:3 3034 (1) 3:14 3300 (2) 2:8 3:10 331 - 5848(1) 3:15 355 (1) 3:5 3604(1)(3)(B) (1) 60:23 39 (1) 59:18 4 (2) 86:19,22 4th (6) 11:18 m 32 NEWPORT BEACH RECOVERY - 7/7/2009 27:2193:24 101:25 102:16 98:1 119:8 9th (2) 60:9 122:17 65:16 40 (1) 82:13 9:30 (1) 47:3 40th (1) 3:5 90071- 3101 (1) 400 (1) 92:14 3:5 42 (1) 60:22 92658 -8915 (1) 3:10 9266 (2) 2:12 5 5 (4)11:17 22:5 131:22 22:8 86:24 94060 (1) 3:17 5:45 (2) 4:21 949 (1) 3:11 59:13 97 (1) 83:25 5 :50 (1)4:2 50 (1) 110:3 6 6 (2) 87:7 118:12 6th (1) 67:11 6:07 (2) 2:10 130:14 626 -8484 (1) 3:6 644 -3002 (1) 3:11 650 (1) 3 :18 686 (1)3:17 7 7 (4)1:112:10 4:187:11 7th (3) 27:25 28:2 111:15 70 (1) 94:4 72 (2) 8:17 116:4 72- hour(1) 99:25 75 (1) 74:25 8 8 (5) 78:15 87:16 87:17 101:25 103:11 897 -0141 (1) 3:18 9 9 (4) 63:6 87:18 PRECISE REPORTING SERVICE (800) 647 -9099 NCR UP /RA 00999 City's Letter -Brief Regarding Reasonable Accommodation No. 2009 -009 (July 21, 2009) NCR UP /RA 01000 From: Wolcott, Cathy Sent: Tuesday, July 21, 2009 5:03 PM To: Tom /Pam Allen' Cc: 'spolin2 @earthI ink. net'; 'cbrancart@brancart.com'; Kiff, Dave; Kit Bobko; Brown, Janet Subject: Newport Coast Recovery - City of Newport Beach briefing Dear Mr. Allen, Attached please find the briefing and other information you requested from the City of Newport Beach at the July 7, 2009 administrative hearing on Newport Coast Recovery's applications for a use permit and reasonable accommodation. We are submitting the briefing contemporaneously to the applicant, and will be happy to provide further information if requested. Catherine Wolcott Deputy City Attorney City of Newport Beach (949)644 -3131 c_wolcott @_city,newport _heach_ca_:us <<City_s Letter Brief.pdf>> <<Document.pdf>> 10/12/2009 NCR UP /RA 01001 I: ,4& RICHARDS I WATSON I GERSHON MR41 ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION 955 South Grand Avenue, µnth Floor, Los Angeles, California 90071 -3101 Telephone 213.626.8484 Facsimile 213626.0078 Patrick K. Bobko pbobke ®rwglaw.com July 21, 2009 VIA FACSIMILE Mr. Tom Allen Hearing Officer City of Newport Beach Re: Reasonable Accommodation Dear Mr. Allen: This letter -brief is submitted on behalf of the City of Newport Beach in connection with the hearing concerning an application for reasonable accommodation from Newport Coast Recovery ( "Newport Coast"). This letter -brief responds to your request at the hearing on July 7, 2009, for further briefing regarding the meaning of "pattern and practice" as defined in the Newport Beach Municipal Code, as well as explanations of the documents presented by Newport Coast at the hearing. Counsel for the City has provided the applicant with a copy of this letter "Pattern and Practice" Newport Beach Municipal Code( "NBMC ") section 20.91A.050 provides standards for the development and operation of residential care facilities in the City's residential zones. The Code requires these facilities operate in compliance with federal, state and local law. NBMC section 20.91A.050 subdivision B applies to aspecific.faciliry in Newport Beach and states " [tlhe property shall be operated in compliance with applicable State and local law...." Subdivision C of the same section requires owners or operators of residential care facilities demonstrate that they do not have a "pattern or practice" of operating similar facilities in violation of state or local law: "C. In order to ensure that unlicensed residential care facilities (small or general) are operating in a manner that is consistent with State and Federal law and established industry standards and to ensure that operators do not NCR UP /RA 01002 RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PROFESS IONA L CORPORATION Mr. Torn Allen July 21, 2009 Page 2 have a pattern or practice of operating similar facilities in violation of State or local law, the standards listed below shall apply: 4. The names of all persons and entities with an ownership or leasehold interest in the facility, or who will participate in operation of the facility, shall be disclosed in writing to the City, and such persons and entities shall not have a demonstrated pattern or practice gf'operating similar facilities in or out ofthe City of Newport Beach in violation of State or local law." (Emphasis added). There are two separate standards at play here. Subdivision B applies to facilities operating in Newport Beach — and these facilities must comply with state law, period. It is unnecessary to show a "pattern or practice" of non - compliance with local, state or federal law. Subdivision C applies to owners or operators of "unlicensed residential care facilities" in or outside of Newport Beach, and these facilities must not have a "pattern or practice" of violating state law.' And although Staff maintains the evidence adduced against Newport Coast at the July 7th hearing is enough to show a "pattern or practice" of violating state law, this subdivision is inapplicable because Newport Coast is a "licensed" recovery facility. Subdivision C applies only to "unlicensed" facilities. As evidenced in the "Notice of Violation" attached to the Staff Report, Newport Coast's admission of minors into its facility was a violation of state law.= Staff maintains this ' The NBMC does not define the phrase "pattern or practice." Analogizing to other areas of the law, federal civil rights cases have held it "takes more than one unlawful practice to constitute a `pattern or practice' of discrimination." See U.S. V. Fresno Unifted Sck Dist, 592 F.2d 1088, 1096 n.5 (9th Cir. 1979). Within the context of civil rights, the Ninth Circuit held the words "pattern or practice" meant any situation where there were not "isolated, peculiar, or accidental events. The words were not intended to be words of art." See U.S. v, Ironworkers Local 86, 43 F.2d 544, 551 -53 (9th Cir. 1971). Within the context of criminal law, the phrase "pattern or practice" means "at least two acts." For instance, the federal Racketeer Influenced and Corrupt Organizations Act ( "RICO ") defines a "pattern" of racketeering as "at least two" acts of racketeering. See e.g., Turner v. Cook, 362 F.3d 1219, 1229 (9th Cir. 2004) 2 Undoubtedly due to the recent publicity the "group home" issues have gotten in the community, Staff has received additional phone calls and a -mails from individuals with similar experiences to those who testified at the hearing on July 7, 2009. If the Hearing Officer believes NCR UP /RA 01003 RICHARDS1 WATSON 1GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION Mr. Tom Allen July 21, 2009 Page 3 alone is sufficient to show that Newport Coast has not operated its facility "in compliance with applicable state and local law' as required by NBMC section 20.91A.050 B. Housing Element and Consolidated Plans Counsel for Newport Coast has provided the Hearing Officer with a series of documents prepared by the City of Newport Beach and submitted pursuant to federal law to HUD that allegedly contradict the information Staff provided at the July 7 "' hearing. Counsel for Newport Coast also alleged there were "violation letters" issued by the State of California against the City regarding non - compliance with the State's housing elements requirements. Counsel for Newport Coast gave these documents a very cursory treatment at the hearing, and according to the attached declaration of Assistant City Manager Sharon Wood, largely rnischaracterized them. The lion's share of the documents concerned Community Development Block Grant ( "CDBG ") monies that must be used for low- income individuals, and have no bearing at all on Ordinance 2008 -05. Likewise, Counsel for Newport Coast suggested the City's Housing Element was out of compliance with state law, with the intimation that Ordinance 2008 -05 was the culprit. Not so. First, the State has not issued "violation letters" to the City. In fact, the letter of October 24, 2008 is a "Review of the City of Newport Beach's Draft Housing Element." As the declaration of Assistant City Manager Wood explains, the comments from the State Department of Housing and Community Development were related to the City's required update of its Housing Element in 2008. As always, if you have any questions or require clarification on any of the points contained herein, please let me know. Sincerely, Ata 4 -, Patrick K. Bobko 11287 - 001211151451 v4 doe this information would help inform his decision on these issues, Staff recommends the hearing be re- opened for the limited purpose of presenting this newly acquired information. NCR UP /RA 01004 x � n � rc w� Z � 0 U„ s d y V v M 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 26 27 I, Sharon Wood, hereby declare: I. I am the Assistant City Manager for the City of Newport Beach and have served the City in this position for the past 13 years. My duties as Assistant City Manager include supervising the Planning Department, the Econornic Development Division, and the Building Department. I am also the person primarily responsible for the City's certifications for the U.S. Department of Housing and Urban Development (" t IUD "), and administering the City's Community Development Block Grant ( "CDBG ") program. I ain also primarily responsible for supervising and reviewing the City's Housing Element, of which :i led a comprehensive revision in 2006 and an update in 2008..1 have personal knowledge of the matters and facts set forth herein and, if called as a witness, could and would testify competently thereto. 2. 1 have reviewed the portions of the transcript from the Use Permit and Reasonable Accommodation hearing for Newport Coast Recovery on July 7, 2009, that pertain to my primary areas of responsibility, as described in the preceding paragraph. I have also reviewed the documents Counsel for Newport Coast Recovery produced at the hearing. Many of these documents were produced to me at my deposition on May 26, 2009, where I testified many of them had to do with the City's low- and moderate - income population. From my review of the hearing transcript from July 7C11,1 believe Counsel for Newport Coast Recovery attempted to present these documents as something different that what I had testified they were. 3. The document Bates stamped N132I176 is a page from the City's Consolidated Annual Performance and Evaluation Report ("CAPER") for 2002 -03. The CAPER is the City's annual performance report to HUD. The circled portion of the documents relates to recovery programs for "homeless and low income individuals who otherwise could not afford such services." Here, the City was reporting that it contracted with the local social services agencies (Serving People In Need, or SPIN) to provide 1 (287- Ua12 \1152452Y I.doc Declaration of Sharon Wood NCR UP /RA 01005 o2 yr � U v a to o S V K 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 these services. The City does not provide any outpatient or residential treatment programs to persons in recovery. 4. The document Bates stamped NB25698 is the City's Five Year Consolidated Plan for 2000 -04 and One -Year Action Plan for 2000 -01. The document Bates stamped NB25717 appears to be either a page from the Action Plan or Consolidated Plan. 'The portion of the document circled by Newport Coast's Counsel simply identifies services persons with drug and alcohol addictions may require. The City contracts with SPIN for the provision of these services. The document Bates stamped NB25718 again appears to be either a page from the Action Plan or the Consolidated flan. The portion of the document; Newport Coast's Counsel circled acknowledges that there is limited funding and relatively few agencies to provide drug and alcohol recovery services to the homeless and low- income individuals. 5. The document Bates stamped NB20709 is a page from the City's Consolidated Plan for 2005 -09. It identifies HUD's "Special Needs Populations," and next to the category "Persons w/ Alcohol /Other Drug Addictions" is priority need designation "HIGH." I am not sure if that is a designation assigned by HUD, or is a local determination. The same is true for the document Bates stamped NB20725. 6. The document Bates stamped NB20773 is a page from the City's Five Year Strategy for Special Needs Populations, The portion of the document circled by Newport Coast's Counsel says it is one of the City's goals to "[i]ncrease supportive services for persons suffering from substance abuse." The City was proposing to support this goal by providing funding to SPIN. The document Bates stamped NB20554 is a page from the City's Action Plan for 2006, and identifies that the City will continue to serve its special needs populations via CDBG funding to SPIN. 7. The docurent Bates stamped NB25505 is titled "County of Orange Continuum of Care Gap Analysis." "Continuum of care" is a term that HUD uses to address homeless problems. HUD realizes homeless problems are regional and cannot be effectively addressed community by community. There is a City Staff member who -2- 112S7,0012\1 152452vi.doc Declaration of Sharon Wood NCR UP /RA 01006 L o� yr n ce R Z °- 0 M --, un c7 4 u � a PA Y 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 participates on the City's behalf in County meetings regarding homeless issues, and the City uses the data collected on a county -wide basis to determine how the City will allocate its CDBG funds. 8. The document Bates stamped NB25988 is a page from the City's Action Plan for 2008. The portion of the document circled by Newport Coast's Counsel has to do with the City's program objective of "increasing supportive services for persons suffering from substance abuse" problems. Like many of the CDGB requirements, these objectives are aimed at low- and moderate - income persons. The City achieves these objectives primarily though its funding of SPIN. 9. 1 am aware that Counsel for Newport Coast said the State had notified the City its Housing :Element was not in compliance with California law. I assume Newport Coast's Counsel is referring to the letter the City received on October 24, 2008, from Cathy Creswell at the state department of Housing and Community Development ( "HCD "). The letter contained HCD's comments on the City's Housing Element, and informed the City it believed revisions were necessary to bring the Housing Element into compliance with state law. City Staffs like many cities in the Southern California Association of Governments region, is responding to HCD's comments, and making the necessary revisions to its Housing Element. I do not believe HCD's comments or the City's revisions of its Housing Element have anything to do with Newport Coast Recovery's Use Permit or application for Reasonable Accommodation. HCD's comments in the subject letter were related to the City's required update of its Housing Element in 2008. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on July 20, 2009 at Newport Beach, California. 11287- 0012\115✓452vi_dcc y � _3_ Declaration of Sharon Wood NCR UP /RA 01007 SHARON WOOD NCR's Letter -Brief Regarding Reasonable Accommodation No. 2009 -009 (July 29, 2009) NCR UP /RA 01008 STEVEN G. POUN, ESQ. Attorney At Law July 29, 2009 SENT VIA ELECTRONIC MEAN Mr. Tom Allen Hearing Office City of Newport Beach Newport Beach, CA Re: Reasonable Accommodation Request Newport Coast Recovery Dear Mr. Allen: 3034 TE .gYS0N ST. N.W. WASHINGTON, D.C. 20015 TEL (202) 331 -5848 FAx(202) 537 -2986 Sr LN2 @EAanwNK.NET Please consider this as additional supplemental to the record of the request of Newport Coast Recovery ( "NCR ") for a reasonable accommodation in the application of the City of Newport Beach's zoning code. STATE LICENSING AND COMPLIANCE WITH STATE LICENSING In 2007, the City of Newport Beach commenced acampaign to convince state officials that the Department of Alcohol and Drug Programs ( "ADP ") should take into consideration whether a city has more than its fair share of substance abuse treatment facilities and whether overconcentration of such facilities should be part of the licensing criteria for application for new and renewed licenses. (See Exhibits A and B) (Health & Safety Code §§ 11$34.01 - 11834.50. The City's position was rejected by the California Attorney General in opinion number900ps. Cal- Auy. Gen. 109. (See Exhibit C) The Attorney General opined in the negative to the question of whether the Department ol'Alcohol and Drug Programs can deny an application for licensure or suspend or revoke the license of an alcoholism or drug abuse treatment facility because the particular community already has more than a sufficient number of treatment facilities to meet the local need. Specifically, the Attorney General stated each licensure applicant must complete an application form. obtain a fire clearance, and pay a fee to the Department. (See also § 11834.09, subd. (b).) Sections 11834.01 and 1 1834.03 provide no authority for the Department to deny a license because the community already has an overconcentration of such facilities," The City is pre - empted by Health & Safety Code §11834.01-119' 4:50 from denying a use permit or reasonable accommodation request by a facility licensed by ADP on the basis of overconcentration. In the same opinion, the Attorney General opined that only ADP has the authority to deny. suspend or revoke a license based on the standards set by the State Legislature. The City seeks to sidestep this requirement and use permit process as a vehicle to determine NCR's compliance with NCR UP /RA 01009 Tom Allen Hearing Officer July 29, 2009 2 its licensure requirements. The City seeks to make a record and convince the Hearing Officer that NCR acted in violation of state law in the admission of two minors into its facility. Both the City and the parents of the minors have complained to both the Department of Social Services ( "DSS ") and ADP about this incident. The City's only legal recourse is to complain to DSS and ADP about what it perceives to be NCR's violation of its licensure. A request for a reasonable accommodation is not a licensure compliance hearing or an adjudication on compliance with state licensure standards. The City alleges that NCR has engaged in a "pattern and practice" of violating state and local law. The City cannot deny a request for a reasonable accommodation on the basis of incident that may be a minor violation of its licensure requirements. One incident does not a "pattern and practice" make. See, United States v. Parma, 661 F.2d 562, 573 (6th Cir. Ohio 1981)(A pattern and practice suit necessarily involves a number of discriminatory acts.) The City erroneously asserts that an investigation by two state agencies involving the same incident constitutes a pattern and practice of violating state or local law. DSS closed out its investigation without taking any action. ADP allegedly has stated that it will investigate the incident. Regardless of the outcome of the ADP investigation, this tribunal is without authority to use an alleged licensing violation as the basis for denying NCR's request of a reasonable accommodation. Matters relating to licensure are not proper matters for consideration in a zoning hearing. See, Oconomowoc Residential Programs v City of Greenfreld, 23 F. Supp. 2d 941, 958 (E.D. Wis. 1998); Oconomowoc Residential Programs, Inc. v. City ofMilwaukee, 300 F.3d 775,785 (7th Cit. Wis. 2002)(Complaints about mistreatment of patients which does not result in refusal, revocation or suspension of license by the State agency found not to have a causal connection to matters relating to zoning.) The crux of the dispute raised by the parents of the minors is contractual in nature. It's a business dispute. It may or may not be a violation of NCR's license, and if it is it may be considered a minor infraction. There are appropriate forums and means for addressing such a dispute. Unfortunately for NCR, the Hearing Officer accepts the complaints of the parents at face value and has included the complaints to the findings in denying NCR's request for a reasonable accommodation.' NCR has operated as NCR at this location since 2002. It is quite obvious that the City staff has expended a considerable number of man hours to secure the testimony of the two parents, emailing ADP, amending and appending the staff report to put before the Hearing Officer one incident, which occurred in March, 2009. Staff has alluded to other complaints it has received since the hearing which has not been shared with NCR or its attorneys. Notwithstanding the 'Many of the allegations of one of the parents about her contact with NCR cannot be verified. For instance, one of the parent's claims a demand has been made to both Mr. Newman and the attorneys for NCR. There is no such record of such a demand being made. The City has muddied the waters by bringing the parents into the hearing and giving a statement that is not subject to cross examination to complain about NCR. NCR UP /RA 01010 Tom Allen Hearing Officer July 29, 2009 immense expenditure of resources to convince by the City's Staff, it has failed to demonstrate a connection between issues of licensure and zoning. The City intentionally placed NCR in a position of facing serious allegations in a public forum without the ability or the legal means to respond. It is error and a violation of federal law to find that "NCR refused to respond to the allegations." NCR is prohibited by federal law from disclosing much less discussing its clients and substance abuse treatment history. See 42 U.S.C. 290DD -2; 42 CFR 2.22, et seq. REASONABLE ACCOMMODATION ANALYSIS The staff recommendation is that a finding cannot be made as to future residents concerning the necessity ofresiding in NCR. The staff concluded that there exist other similar facilities in close proximity to NCR that future residents could choose. (Staff report, page 13) This conclusion is contrary to the law on reasonable accommodation. Schwarz v. City of Treasure Island, 544 F.3d 1201,1225-1226(l 1 th Cir. 2008)( The availability ofanother dwelling somewhere within the City's boundaries is irrelevant to whether local officials must accommodate recovering substance abusers in the halfway houses of their choice.) See Howard v. City of Beavercreek, 276 F.3d 802, 806 -07 (10th Cir. 2002) (analyzing whether the requested accommodation was necessary to afford the plaintiff an "equal opportunity to enjoy the housing ... of his choice "); Hovsons, Inc. v. Township of Brick, 89 F.3d 1096, 1103 (3d Cir. 1996)(rejecting argument that township reasonably accommodated plaintiff by allowing construction of a nursing home in another area of town). 42 U. S.C. 3604(f)(3)(B) contains three operative elements: "equal opportunity," "necessary," and "reasonable." With respect to the phrase "equal opportunity," the House Report on the Fair Housing Act offers relevant context: The Fair Housing Amendments Act, like Section 504 of the Rehabilitation Act of 1973, as amended, is a clear pronouncement of a national commitment to end the unnecessary exclusion of persons with handicaps from the American mainstream. House Comm. on the Judiciary, Fair Housing Amendments Act of 1988, H.R. Rep. No. 711, 100th Cong., 2d Sess. 18, reprinted in 1988 U.S.C.C.A.N. 2173, 2179 (footnote omitted) (hereinafter 1988 U.S.C.C.A.N.) (emphasis added). A cogent analysis of "equal opportunity" can be found in Smith & Lee Assocs. v. City of Taylor, 102 F.3d 781, 794 -795 (6th Cir. 1996). The Court stated: We find persuasive the analysis of courts that define equal opportunity under the FHAA as giving handicapped individuals the right to choose to live in single - family NCR UP /RA 01011 Tom Allen Hearing Officer July 29, 2009 neighborhoods, for that right serves to end the exclusion of handicapped individuals from the American mainstream: The Act prohibits local governments from applying land use regulations in a manner that will exclude people with disabilities entirely from zoning neighborhoods, particularly residential neighborhoods, or that will give disabled people less opportunity to live in certain neighborhoods than people without disabilities. Bryant Woods Inn, Inc. v. Howard County, 911 F. Supp, 918, 946 (D. Md. 1996) (citation omitted); see also City of Edmonds v. Washington State Bldg. Code Council, 18 F.3d 802, 806 (9th Cir. 1994), affd, 115 S. Ct. 1776 (1995) ( "Congress intended the FHAA to protect the right ofhandicapped persons to live in the residence of their choice in the community. „). Moreover, the phrase "equal opportunity,” at least as used inthe FHAA, is concerned with achieving equal results, not j ust formal equality. See City of Edmonds, 18 F.3d at 806 ( "The FHAA imposes an affirmative duty to reasonably accommodate handicapped people. "); ProvisoAss'n of Retarded Citizens v. Village of Westchester, Ill., 914 F. Supp. 1555, 1563 (N.D. Ill. 1996) (rejecting city's argument that "because Plaintiffs are subject to requirements imposed on all groups of unrelated non - disabled people, they have an 'equal opportunity' to live in the .. dwelling "). 4 The City Staff ignores the requirement that a future resident's "equal opportunity" is a choice that person gets to make, not a choice the City can make by making one less dwelling unavailable or asserting as long as there are other facilities of a similar nature, then a residents "choice" of housing will be preserved. The Staff Report states that NCR failed to provide information as to what the optimum number of residents would make it financially viable. (Staff report, page 15). NCR is not required to put forward any information on financial viability unless it is seeking an accommodation in whole or in part on financial viability. The City has not put forward any case law that an applicant is required to demonstrate financial viability if it is not seeking an accommodation based on the same. The burden is on the City to show that the requested accommodation is unreasonable. The City has failed to do so. As was argued above, the City cannot claim that NCR committed "illegal acts" on issues involving licensing and refuse to grant an accommodation that involve land use and zoning. The City has consistently applied the wrong standard in determining whetherthe applicant's requests are reasonable. The standard is whether the request seems reasonable on its face. US Airways, Inc. v. Barnett, 535 U.S. 391, 401 -402 (2002). The burden then shifts to the City to demonstrate that the requested accommodation is an undue burden financially or administratively or will fundamentally alter its zoning scheme. The City concedes that it will not be burdened financially or administratively. The City posits that granting the requested accommodation will cause a fundamental alteration to the City's general plan because it would allow more than one such facilityper block and NCR UP /RA 01012 Tom Allen Hearing Officer July 29, 2009 would cause overconcentration. All requests for a reasonable accommodation in the land use context require an alteration to a "rule, policy, practice or procedure." An alteration is not a fundamental alteration. Allowing NCR to continue at a location it operated at since 2002 is not a "fundamental alteration" of the City's zoning ordinances. This is supported by the fact that the City has approved use permits for similar facilities in the same vicinity. The City's erroneously believes that granting the requested accommodation would result in an overconcentration of residential care facilities. Overconcentration arguments have been rejected as violating the Fair Housing Act. Oconomowoc Residential Programs, Inc, v. City of Milwaukee, 300 F.3d 775, 787 (7th Cir. 2002)(City's overconcentration argument resulting in disproportionate costs to emergency services for those facilities rejected); Reg'1 Econ. Cmty. Action Program v. City of Middletown, 294 F.3d 35, 50 (2d Cir.2002)(Argument that granting variance would cause an overconcentration of residential and social services facilities in the City found to be pretext for discrimination). Oxford House -C v. City of St. Louis, 843 F. Supp. 1556, 1577 (E.D. Mo. 1994), rev'd in part, 77 F.3d 249 (8u' Cir. 1996)(City's fear that it was being unduly singled out for an over - concentration of social service institutions has some basis in fact. These concerns, however, do not justify discrimination against the handicapped. Simply put, the complaint of "no more in my back yard" is just as unacceptable an excuse for discrimination against the handicapped as the discriminatory cry of "not in my back yard." ), See also, See Horizon House Developmental Services, Inc. v. Township of Upper Southampton, 804 F. Supp. 683, 698 ( "the FHAA rejects any notion that a Township can somehow avoid the anti- discrimination mandate by accepting some sort of 'fair share or apportionment of people with disabilities "), affd 995 F.2d 217 (3rd Cir. 1993). Adopting the discriminatory animus of the community opposition to the granting of the request for a reasonable accommodation and to support the overconcentration argument in a violation of the Fair Housing Act. Adopting assertions put forward to those who oppose NCR on the basis that the presence of the recovering alcoholics and substance abusers diminishes the quality of life becomes actionable discrimination becomes discriminatory when it is adopted by a city official in decisions to deny land use permits or requests for reasonable accommodations. The record is quite clear that the Hearing Officer is more than willing to accept without question each statement made by each member of the community concerning complaints about the conduct of what is thought to be residents of NCR. It should be noted that these same citizens appeared before the same Hearing Officer and presented the same complaints about the applications made by Ocean Recovery and Balboa Horizons. It is ironic that the complaints were not credited in those applications but were credited against NCR. The law is quite clear that "even where individual members of government are found not to be biased themselves," a group home provider may demonstrate a violation of the F14AA if it can show that "discriminatory governmental actions are taken in response to significant community bias." Tsombanidis v. City of'West Haven, 129 F. Supp. 2d 136,152 (D. Conn. 2001), rev'd on other groundv, 352 173d 565 (2d Cir. 2003). Accordingly, "a decision made in the context of strong, NCR UP /RA 01013 Tom Allen 6 Hearing Officer July 29; 2009 discriminatory opposition becomes tainted with discriminatory intent even if the decision- makers personally have no strong views on the matter." Innovative Health .Vs, Inc. v. City of White Plains, 117 F.3d 37, 49 (2d Cir. 1997); see also Samaritan Inns v, District of Columbia, 1995 U.S. Dist. LEXIS 9294,rev'd on other grounds, 114 F.3d 1227 (D.C. Cir 1997) (finding a violation of the FHAA when govemment officials were influenced by political pressure exerted by the area residents); McKinney Found v. Town Plan & Zoning Comm'n, 790 F. Supp. 1197, 1212 (D. Conn, 1992) (same); Support Ministries for Persons with AIDS Inc. v. Village of Waterford, 808 F. Supp. 120,134 (N.D. N.Y. 1992) (finding that zoning officials violated the FHAA when they bowed to political pressure exerted by those hostile to persons with alcohol and drug- related disabilities); United Stales v. Audubon, 797 F. Supp. 353,361 (D.N.J. 199 1)( Discriminatory intent found where Audubon officials stated they agreed with or were responding directly to community opposition). See also Cmty. Hous. Trust v. Dept of Consumer & Regulatory Affairs, 257 F. Supp. 2d 208,226 (D.D.C.2003). Unfortunately for all concerned, the unsupported discriminatory animus ofthe those opposed to NCR's applications have infected the proceedings and now forms the crux of the denial by the Hearing Officer. HOUSING ELEMENTS AND CONSOLIDATED PLANS The City misstates the actions of the Department of Housing and Community Development( "HCD ") in its review of the City's Housing Element Plan. In a letter dated October 24, 2008 to David Lepo, Planning Director, City of Newport Beach, the Deputy Director of HCD which advised the City that revisions were required in the City's Housing Element Plan to bring it into compliance with State law. In particular HCD found that the City's group home ordinance constituted a "constraint on persons with disabilities." HCD is requiring the City to provide a detailed description of the City's group home ordinance and analyze it for requirements that may constrain housing for persons with disabilities. (See Attached Exhibit D, at HCD 6). The other deficiency HCD found that is relevant to this applicant is that when the City amended its zoning code to address the issue of group homes, it failed to identify zones where transitional housing will be permitted and conditionally permitted. State Law, specifically SB2 , requires the City todemonstrate that transitional and supportive housing are treated as residential uses subject only to those restrictions that apply to other residential uses of the same type in the same zone. (Exhibit D, at HCD 5). Please contact me or my co- counsel, Christopher Brancart, ifyou need to discuss these issues timber, or in need of additional information. NCR UP/RA 01014 Torn Allen Hearing Officer July 29, 2009 cc: Patrick Bobko Catherine Wolcott Christopher Brancart Newport Coast Recovery Dana Mulhauser Paul E. Smith „'�� NCR UP/RA 01015 Page 1 2007 Cal. AG LEXIS 17, *; 90 Ops. Cal, Arty. Gen. 109 fLexisNexis- I of I DOCUMENT OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA No. 07 -601 2007 Cat. AG LEXIS 17; 90 Ops. Cal. Atry. Gen. 10.9 December 18. 2007 QUESTION: 1 "11 THE HONORABLE TOM HARMAN, MEMBER OF THE STATE SENATE, has requested an opinion on the following questions: I. May the Department of Alcohol and Drug Programs deny an application for licensure or suspend or revoke the license of an alcoholism or drug abuse treatment facility because the particular community already has more than a sufficient number of treatment facilities to meet the local need'! 2. May a city limit the establishment of alcoholism or drug abuse treatment facilities serving six or fewer persons because the particular community already has more than a sufficient number of treatment facilities to meet the local need') CONCLUSIONS 1 The Department of Alcohol and Drug Programs may not deny an application for licensure or suspend or revoke the license of an alcoholism or drug abuse treatment facility because the particular community already has more than a sufficient number of treatment facilities to meet the local need. - 2. A city may not limit the establishment of alcoholism or drug abuse treatment facilities serving six or fewer persons because the particular community already has more than a sufficient number of treatment facilities to meet the local need. OPINIONBO': EDMUND G. BROWN 1 *21 1R., Attorney General; GREGORY L. GONOT, Deputy Attorney General OPINION: ANALYSIS The Department of Alcohol and Drug Programs (Health & Sal. Code, § 11750; "Department ") of licenses residential facilities that provide nonmedical recovery, treatment, and detoxification services for users of alcohol and Other drugs. ( §§ 1 1834.01 - 11834.50; Cal. Code Regs., or. 9, §§ 10500 - 10671; 76 Ops.Cal.Atty.Gen. 173, 175 (1993)) Such a treatment facility is defined as "any premises, place, or building that provides 24 -hour residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and -drug misuse or abuse, and who need alcohol. or alcohol and drug recovery treatment or detoxification services." Q 11834.02, subd. (a); see Cal. Code Regs., ru. 9, .V 10501.) it I All further references to the Health and Safety Code are by section number only. 1'31 These treatment facilities are different from residential care facilities that are subject to the California Community Care Facilities Act ( §§ 1500- 1567.8) and from facilities that simply provide a cooperative living arrangement for NCR UP /RA 01016 20117 Cal. AG L6XIS 17, *; 90 Ops. Cal. Atty. Gen. 109 Page 2 persons recovering from alcohol and other drug problems. The latter "sober living environments" are not subject to licensing by the Department. We are asked to determine whether the Department has the authority to deny an application for operating a treatment facility because the particular community already has more than a sufficient number of treatment facilities to meet the local need. Additionally, may a city limit the number of treatment facilities within its jurisdiction . to prevent an overconcentration of such facilities'! 1. Department's Authority to Deny Licenses With respect to the scope of the Department's authority to limit the licensing of treatment facilities, we will assume that the extent of the local need is ascertainable through an appropriate fact-finding process, and the determination will be based upon the incidence of alcoholism and drug abuse and the percentage of substance abusers seeking treatment in the community , What authority 1 *41 does the Department have to prevent an overconcentration of treatment facilities in a particular locality? Section 11834.01 states in part: The department has the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities. - (a) In administering this chapter_ the department shall issue new licenses for a period of two years to those programs that meet the criteria for licensure set forth in Section 11834.03. Section 1 1834.03, in torn, provides: Any person or entity applying for licensure shall file with the department, on forms provided by the department, all ofthe following: (a) A completed written application for licensure. Of A fire clearance approved by the State Fire Marshal or local fire enforcement officer. (c) A licensure fee, established in accordance with Chapter 7.3 (commencing with Section 11833.01). Accordingly, each licentiate applicant must complete an application form, obtain a fire clearance, and pay a fee to the Department. (See also § 1 1834 09, solid. (b).) Sections 11834.01 and 11834.03 provide no authority for the Department to deny a license because the community already has an overconcentration of 1 *51 such facilities. The Department is also authorized to determine "that the prospective Iiconsee can comply with this chapter and regulations adopted pursuant to this chapter" before issuing a license. (§ 11834.09, solid. (a).) Subdivision (c) of section 11834.09 states: Failure of the prospective licensee to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the prospective licensee's application for licensure. Thus, a prospective licensee may be denied a license `if he or she fails to demonstrate "the ability to comply" with sections 1 1834.01- 1183450 and the Department's regulations. However, neither the statutory scheme nor the implementing regulations make any reference to a community's current level of need for treatment facilities or to the sufficiency of existing facilities to meet the local need. No basis for the denial of an application is given in section 11834.09 other than the inability of the applicant to comply with the requirements for operating a facility. Next. we examine the Department's . authority to suspend, revoke, or deny a license contained in subdivision (a) of 1 *61 section 11834.36, which states: The director may suspend or revoke any license issued under this chapter. or deny an application for licensure, for extension of the licensing period, or to modify the terns and conditions of a license, upon any of the following grounds and in the manner provided in this chapter: NCR UP /RA 01017 Page 3 2007 Cal. AG LEXIS 17, v; 90 Ops. Cal, Arty, Gen. 109 -(1) Violation by the licensee of any provision of this chapter or regulations adopted pursuant to this chapter. (2) Repeated violation by the licensee of any of the provisions of this chapter or regulations adopted pursuant to this chapter. (3) Aiding, abetting, or permitting the violation of, or any repeated violation of, any of the provisions described in paragraph (I ) or (2), (4) Conduct in the operation of an alcoholism or drug abuse recovery or treatment facility that is inimical to the health. morals, welfare, or safety of either an individual in, or receiving services from, the facility or to the people of the State of California. (5) Misrepresentation of any material fact . in obtaining the alcoholism or drug abuse recovery or treatment facility license. (6) Failure to pay any civil penalties assessed by the department. All of the grounds specified in section 11834.36 I *71 involve the conduct of the license holder or applicant. None focuses upon whether the community already has a sufficient number of facilities to meet the local need, We recognize that a community's need for treatment facilities is mentioned in section 11834.20: "The Legislature hereby declares that it is the policy of thisstate that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need." However, this reference is only an expression of legislative intent that cities should encourage development of treatment facilities, and cannot be reasonably read to impose a limit on such development. The affirmative policy articulated by the Legislature in section 11934.20 does not afford a basis for denying a license where the applicant meets all basic qualifications for the license. As stated in Ferdig v. Stare Personnel Board (1969) 71 Cal.2d 96, 103.104: "Iris settled principle that administrative agencies have only such powers as have been conferred upon them, expressly or by implication, by constitution or stature. 1 *81 [Citations.] An administrative agency, therefore, must act within the powers conferred upon it by law and may not validly act in excess of such powers." (See 76 Ops.Cal.Atty.Gen. 11, 15 -I6 (1993).) And, of course, we are not at liberty to add, in the guise of statutory interpretation, an additional licensing requirement. (See 89 Ops.Cal.Atry.Gen. 159, 165; 83 Ops.Cal.Atty.Gen. 111, 116 (2000); 82 Ops.Cal.Atty.Gen. 246, 248 (1999); 78 Ops.Cal.Atty.Gen. 137, 142 (1995).) Here, the Legislature has not given the Department any authority to consider the number of treatment facilities in a particular area when granting, suspending, or revoking a license to operate a treatment facility. Finally, we note that the California Community Care Facilities Act, referenced above, requires the Department of Social Services to take "overconcentration" of residential care facilities into account when making its licensing decisions for such facilities. (§ 1520 5.) If the Legislature wishes to grant a similar authorization when the Department licenses the treatment facilities 1 *91 in question; it knows how to do so. (See Suder v. Superior Canrt (1975) 15 CaUd 230, 237- 238; Board of Trustees v. .fudge (1975) 50 Cal.App.3d 920, 927; 73 Ops.Cal.Atty.Gen. 13, 23 (.1990).) We conclude in answer to the first question that the Department may not deny an application for licensure or suspend or revoke the license of a treatment facility because the particular community already has more than a sufficient number of treatment facilities to meet the local need. 2. City's Authority to Limit Treatment Facilities The second question concerns whether a city may limit the number of treatment facilities serving six or fewer persons within its boundaries. For example, may a city enact an ordinance requiring that in addition to licensure by the Department, the prospective operator of a treatment facility mnst obtain the city's approval if the facility will be located. within 500 feet of an existing treatment facility? We concludes that it may not. The Constitution provides that "[a] county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations I* 101 not in conflict with general laws," (Cal, Carl art. XL § 7,) The rules to be applied in determining whether a city's ordinances would conflict with general laws were recently summarized in California 6'eterinary Medical Assn, v. Ciq• of West hlolfywood (2007) 152 Cal.App.4th 536, 548: NCR UP /RA 01018 Page 4 2007 Cal. AG LEXIS 17, *; 90 Ops. Cal. Atty. Gen. 109 The California Constitution reserves to a county or city the right to "make and enforce within its limits all local police, sanitary, and other ordinances and regulations not in conflict with general laws." [Citation; footnote omitted.] "'If otherwise . valid local legislation conflicts with state law, it is preempted by such law and is void:" [Citations.] A prohibited conflict exists if the local ordinance duplicates or contradicts general law or "enters an area either expressly or impliedly fully occupied by general law." [Citations.] "'[I]t is well settled that local regulation is invalid if it attempts to impose additional requirements in a field which is fully occupied by statute.' [Citation.]'[L]ocal legislation enters an area that is "fully occupied" by general law when the Legislature has expressly manifested its intent w "fully occupy" the area [citation]. 1* 111 or when it has impliedly done so in light of one of the following indicia of intent: "( I) the subject matter has been so filly and completely covered by general law as to clearly indicate that it has become exclusively a matter of state concern; (2) the subject matter has been partially covered by general . law couched in such terms as to indicate clearly that a paramount state concern will not tolerate further or additional local action; or (3) the subject matter has been partially covered by general law, and the subject is of such a nature that the adverse effect of a local ordinance on the transient citizens of the state outweighs the possible benefit to the" locality [citations].' [Citation.]" [Citation.] With these principles in mind, we return to the provisions of sections 11834.01 - 11834.50. Two statutes are relevant to our inquiry. First, section 11834.22 provides that treatment facilities serving six or fewer persons may not be made subject to any business taxes, local registration fees, use permit fees, or other fees to which ordinary single - family dwellings are not subject. Second, and even more in point, section 11834.23 states, with respect to local zoning ordinances governing [ *12] such facilities: Whether or not unrelated persons are living together; an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, . the residents and operators of such a facility shall be considered a family for the purposes of any law or zoning ordinance which relates to the residential use of property pursuant to this article. For the purpose of all local ordinances, an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or the mentally infirm, foster care home, guest home, rest home, sanitarium.. mental hygiene home, or other similar term which implies that the alcoholism or drug abuse recovery or treatment home is a business run for profit or differs in any other way from a single - family. residence. This section shall not be construed to forbid any city, county, or other local public entity from placing restrictions -on building heights, setback, lot dimensions, or placement of signs [ *13] of an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons as long as the restrictions are identical to those applied to other single- family residences. This section shall not be construed to forbid the application to an alcoholism or drug abuse recovery or treatment facility of any local ordinance which deals with health and safety, building standards, environmental impact standards, or any otter matter within the jurisdiction of a local public entity. However, the ordinance shall not distinguish alcoholism or drug abuse recovery or treatment facilities which serve six or Fewer persons from other single - family dwellings or distinguish residents of alcoholism or drug abuse recovery or treatment facilities from persons who reside in other single- family dwellings. No conditional use permit, zoning variance, or other zoning clearance shall be required of an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons that is not required of a single- family residence in the same zone. Accordingly, a city may not make its land use decisions in a manner that will disadvantage treatment facilities serving six or fewer [* 141 persons when compared to decisions applicable to ordinary single- family residences. The hypothetical ordinance described above would allow the city to ban the operation of a new treatment facility within 500 feet of an existing facility. Such an ordinance would be in conflict with section 11834.23, and thus be NCR UP /RA 01019 Page 2007 Cal. AG LEXIS 17, •; 90 Ops. Cal, Arty, Gen. 109 preempted by state law. (See, e.g., Due v. City and County of San Francisco (1982) 136 Cal.App.3d 5509 [local law may not impose additional licensing requirements when state law specifically prohibits such requirements].) Would our analysis and conclusion be different in the case of a charter city? A charter city, in contrast to a general law city, is not subject to state statutes involving "municipal affairs." (Cal. Const., art. XI, § 5, subd. (a); Sherwin - Williams Co. v. City of Los Aneele,c (1993) 4 C-al.4th 893, 897, fo.1; California Veterinary Medical Assn. v. City of West Hollywood, rnprp, 152 Cal.AppAth at p. 548, fn. 6.) "[Tjhis constitutional 'home rule' doctrine reserves to charter cities the right to adopt and enforce ordinances that conflict with general state laws, provided 1-151 the subject of the regulation is a'municipai affair' rather than one of'statewide concern' [Citation-]" ( Traders Sports, Inc. v. City ofSan Leandro (2001) 93 Cai.App Ath 37, 45.) Here, section 11834.23 has been made applicable to all cities, both general law and charter (§ 1.1834.20), and forbids the use of zoning or other regulatory powers to treat small treatment facilities differently from other residential dwellings ( §§ 11834.22 - 11834.24). Section 11834.23 addresses a matter of "statewide concern" because it seeks to ensure that persons throughout the state who are recovering from problems related to alcohol or other drugs will have access to residential settings that provide treatment. '[I]n articulating the test for preemption, the Supreme Court was concerned with ensuring that a state law does not _ infringe legitimate municipal interests other than that which the stare law purports to regulate as a statewide interest." Citv of Watsonville v. State Department of Health Services (2005) 133 Cal.App.4th 875, 889 [state law requiring fluoridation of local water supplies narrowly tailored to state's interest in [ *16] improving dental health], italics added.) tierc, the state law in question has the precise aim of regulating local zoning requirements in pursuance of statewide interest. The Legislature clearly intended to prevent local governments from applying any zoning clearances to small treatment facilities by mandating that they be treated the same as other single family residences for zoning purposes. The Legislature may properly look to the statewide need, rather than the local need, to overcome . a charter city's municipal interests. We conclude in answer to the second question that a city may not limit the establishment of alcoholism or drug abuse treatment facilities serving six or fewer persons because the particular community already has more than a sufficient number of treatment facilities to meet the local need. Legal Topics; For related research and practice materials, see the following legal topics: GoventmentsLeg islation Effect & OperationGeneral OverviewGovernments Local Govern men tsChartersGovernm entsLoc al GovernmentsLicenses NCR UP /RA 01020 From: 6443139 Mr. Gregory Gonot Deputy Attorney General State of California Department of Justice P.O. Box 944255 Sacramento, CA, 942442550 Dear Mr. Gonot: Page: 1/8 Date: 8/3/2007 4:41:46 F CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY Robin Clauson, City Attorney August 3, 2007 VIA EMAIL Gregory.Gonot@doj.ca.gov AND U.S. REGULAR MAIL The Newport Beach City Attorney's Office appreciates the opportunity to provide information relevant to Opinion No. 07 -601. Our city has had extensive experience attempting to reasonably regulate alcoholism and drug abuse recovery and treatment facilities within the city while providing fair housing opportunities for persons in recovery. The Attorney General's Office's opinion on these questions will be helpful to many cities that are seeking resolution of divergent interpretations of existing state law. Background On March 8, 2007, our office sent notice that our city has more than met its local need for licensed alcohol and drug recovery and treatment facilities to the Licensing Division of the California Department of Alcohol and Drug Programs (hereinafter "ADP "), and requested that ADP curtail issuing more licenses in Newport Beach so long as local need remained met. (Attachment A) Our March, 2007 analysis of the numbers of licensed alcoholism and drug abuse recovery and treatment facilities produced the following statistics: • In March 2007, with 2.63 licensed recovery beds per thousand residents, Newport Beach had the highest per capita ratio of recovery beds in Orange County. Newport Beach is home to only 2.7 — 2.8% of the total population of Orange County, but is host to approximately 14.6% of all licensed residential beds in the County. By contrast, in March, 2007, 18 of the 33 other cities in Orange County had no ADP- licensed residential beds at all, and six Orange County cities had only one or two licensed residential recovery facilities. Despite the Inequitable distribution of licensed facilities, the number of licenses granted by ADP in Newport Beach more than doubled (from 10 to 22) in a two -month period in 2006, and more licenses are currently pending. • In Newport Beach, all but one of the ADP - licensed facilities are located on or Immediately adjacent to a narrow, 2.5 mile stretch of the city within West Newport and the Newport Peninsula. Over half of the licensed recovery facilities are concentrated within a mile of each other. One of our largest facility operators advertises that it has 30 homes (licensed and unlicensed) in a linear 1.3 mile area of West Newport. • Publicly available information on several of the facilities' marketing practices, as well as reports by Newport Beach recovery facility residents,' indicate that a high percentage of the residents in these 22 facilities are not Newport Beach residents, and many are residents of other states Submitted either as complaints or during a series of City hearings in 2004. 3300 Newport Boulevard • Post Office Box-1768 • Newport Beach, California 92658.8915 Telephone: ! (949) 644 -3131 • Cax: (949) 644 -3139 • www.city.newport- beach.ea.us This fax was received by FAX -CN8 on Line 2 from 6443139 NCR UP /RA 01021 6443139 Page: 2r8 Date: 8/3 /2007 4:41:47 PM Gregory Gonot August 3, 2007 Page 2 brought to California specifically to enter the Newport Beach recovery facilities. Furthermore, the operational characteristics of these commercial businesses is to offer transitory recovery Programs from as little as 28 days in a residential setting. This led the City to believe that Newport Beach had existing numbers of alcohol and drug recovery facilities that were commensurate with local need. "Webster's Third international Dictionary defines "commensurate" as "equal in measure or extent; corresponding in size, extent, amount or degree, proportionate." (Webster's Third International Dictionary, G &C Merriam Co, 1976) A subsequent analysis of Newport Beach's presumed local need indicated that Newport Beach currently has a significant excess of licensed residential recovery beds relative to the incidence of alcoholism and drug abuse in the general population, and the percentage of substance abusers seeking treatment. (Attachment B) The 2003 -2004 National Survey on Drug Use and Health ( NSDUH), sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA), a division of the Department of Health and Human Services, provides estimates of national and state substance abuse levels. The 2003 -2004 NSDUH estimated that 10.10% of the population of California was dependent upon or abused alcohol or illicit drugs. The 2002 NSDUH indicated that, of all people abusing alcohol or illicit drugs, more than 94% do not believe they need treatment, leaving approximately 6% likely to be actively seeking treatment. Applying these numbers to our city's population of 83,000, that would give Newport Beach approximately 8,300 residents dependent on alcohol or illicit drugs, with 498 of them actually likely to seek treatment. Attachment B details how this results in a significant surplus of beds in Newport Beach. (We believe these numbers are conservative, since we have not included in our analysis the fact that Newport Beach is home to only 63,800 adults.) With 219 licensed recovery beds for adults that offer recovery stays of varying lengths (28 days to five months are the length of stays reported by recovery facility operators in our city) and an additional estimated 25 dwelling units being used as sober living facilities, local recovery needs can easily be met on an annual basis with fewer than the currently existing licensed facilities. It was these facts which made us determine that the local need for alcoholism and drug abuse recovery and treatment services has been met in Newport Beach, and that continued unfettered licensing would have an adverse Impact on the welfare of our community. We asked ADP to deny further licenses in Newport Beach so long as this city bears more than its regional fair share and local need is met. Based, in part, on Section 11834.20 of the Health and Safety Code, which states that it is the policy of the state "that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need." (Health & Safety Code § 11834.20) ADP licensing representatives agreed that some aspects of the situation created in Newport Beach were,-probably not what She Legislature intended. However, ADP appears to believe it lacks the statutory authority to deny licenses except under certain narrow circumstances. We believe the Legislature intended and the statute permits otherwise. Questions Presented: 1) Question One — May the Director of the State Department of Alcohol and Drug Programs suspend or revoke a license or deny an application for licensure of an alcoholism or drug abuse treatment facility where the current number of such facilities to the city is In excess of local need? This fax was received by FAX -CN6 on Line 2 from 6443139 NCR UP /RA 01022 _.. _._. _.._. From: 6443139 Page: 3/8 Date: 8/3f20074:41:47 PM Gregory Gonot August 3, 2007 Page 3 Yes. In our opinion, the Health and Safety Code provides authority for ADP to deny licenses when operation of a recovery and treatment facility creates a situation adverse to the best interests of the facility's residents or the public. Health and Safety Code section 11834.36 (Grounds for suspension, revocation, or denial; temporary suspension) sets forth criteria under which ADP may deny, revoke or suspend a license. These criteria include "tcjonduct in the operation of an alcoholism or drug abuse recovery or treatment facility that is inimical to the health, morals, welfare, or safety of either an individual in, or receiving services from, the facility,; or to the people of the State of California." (Health & Safety Code § 11834.36(a)(4)) Pursuant to the rules of statutory - construction. When interpreting or applying statutes, the interpretation or application should be consistent with the purpose of the statute and the statutory scheme as a whole. Andersen v. Workers' Comp. Appeals Bd., 57 Cal.Rptr.3d 839 (2007) In attempting to determine legislative intent, when possible, effect should be given to the statute as a whole, and to every word and clause, leaving no part of the provision useless or deprived of meaning. In re Estate of Rossi, 42 Cal.Rptr.3d 244 (2006). Instead of following these rules of interpretation, the ADP has chosen to interpret this provision of the Health and Safety Code narrowly and not considered "local need" as provided for in Section 11834.20 when leaking determinations under Section 11834.36. The City contends that the Legislature would not have included a local needs analysis in Section 11834.20 if it did not want the ADP to consider this matter in making its determinations under 11834.36. In addition, the Legislature would not have included "the people of the State of California" in the class of persons whose welfare is to be protected if it had intended a narrow interpretation of Section 11834.36. Because a complex web of state and federal laws severely restricts cities authority to address land use impacts from excessive proliferation or clustering of licensed recovery facilities In residential neighborhoods, the Legislature gave ADP the authority to consider whether a city's local need has been met in making its determination whether or not to grant a license. Specifically, as ADP is the sole licensing authority (see Question 2, below), ADP has been legislatively directed to protect the general welfare of the people of the State of California and those persons receiving recovery treatment. A. An excessive number of closely clustered recovery and treatment facilities create an environment that is inimical to the welfare of the people of the State of Cal fonnia and be considered by ADP under Section 11834.36. The conduct of operating commercial recovery services whose operators' business models include economies of scale, national marketing and clustered facilities operating more as a boarding house than a single family home in residential neighborhoods can be detrimental to the welfare of recovery facility clients and the neighborhoods in which the facilities locate. Hence, in considering applications for licenses, it is appropriate for ADP to consider whether local need has been met and whether the issuance of additional licenses is appropriate under Section 11834.36. For example, the welfare of the people of the State of California can be negatively impacted when a family's residence becomes, or is faced with being, surrounded on two or three sides by recovery facilities, or when 50% of a city census block's. population Is housed in licensed and unlicensed recovery facilities, as has occurred on 3e Street in Newport Beach. (Source: ADP website, Code Enforcement inspections, self - reporting, and 2000 This fax was received by FAX -CNB on Line 2 from 6443139 NCR UP /RA 01023 From: 6443139 Page: 418 Date: 8!32007 4:41:47 PM Gregory Gonot August 3, 2007 Page 4 Census statistics) In 2000, this census block had a population of 79. In July 2006, four ADP licenses were granted on this block, with a total licensed capacity for all licenses of 24 residents. Conservatively assuming these four units housed only three persons in 2000 and are now known to house six residents in each, and that two sober living facilities also had a lower population in 2000 than their current population of approximately 28 combined, we estimate the 2007 population of this census block at 103. Fifty percent of that overall population is housed in a combination of licensed and unlicensed facilities: approximately` 23% of the overall population is housed in the licensed facilities alone. Whether the City has met its "local need" and determining whether additional facilities should be licensed in this immediate area should be considered by ADP because additional facilities will contribute further to the change of the use character of this neighborhood from residential to semi - institutional boarding houses. Furthermore, as stated above, California cities have no regulatory protection from licensed facilities that offer sober living as part of their residential treatment process. ADP representatives have told our office that most of the licensed facilities located Newport Beach also have sober living homes, whose resident numbers are not included in the licensing information and are acting as integral facilities. This pattern of operation further contributes to the process of Institutionalizing a residential neighborhood, and multiplies the secondary effects because the licensed facilities and non - licensed facilities interact with and are dependent upon each other. In a similar setting, the Legislature has acknowledged the disadvantageous secondary effects of having group residential facilities in communities that exceed the local need of the community. Specifically, it was the pattern of clustering and proliferation that caused the Legislature to declare a state policy against overconcentration of community care facilities. In fact, Health and Safety Code section 1520.5 provides that "The Legislature hereby declares It to be the policy of the state to prevent overconcentration of residential care facilities that impair the integrity of residential neighborhoods." (Health & Safety Code § 1520.5) B. An excessive number of closely clustered recovery and treatment facilities create an environment that Is inimical to the welfare of facility residents. The loss of the residential characteristics of a neighborhood in which recovery facilities cluster also has an adverse effect on the welfare of the individuals receiving services from the facility and defeats the purpose of community -based recovery. The current ADP counsel interpretation of the Health and Safety Code, however, makes no provisions for this. In Corporation of the Episcopal Church v. West Valley City, (D. Utah 2000) 119 F.Supp.2d 1215, the court said, "Those recovering from addiction have been shown to benefit from living with others in similar situations, and their presence in residential neighborhoods allows the recovering individuals to re- integrate into the community at large," 119 F.Supp.2d at 1222, citing Oxford House v. Town of Babylon, (E.D.N.Y. 1993) 819 F.Supp. 1179. Similarly, the court in Oxford House, Inc. v. Township of Cherry Hill, (D.N.J. 1992) 799 F.Supp. 450, noted, "Plaintiffs have presented evidence demonstrating that the ability of recovering alcoholics and drug addicts to live in a quiet residential area is critical to their recovery.' 799 F.Supp. at 463. This fax was received by FAX -CNB on Line 2 from 6443139 NCR UP /RA 01024 From: 6443139 Page: 5/8. Date: 8!3/20074:41:48 PM Gregory Gonot August 3, 2007 Page 5 Even the American Planning Association's Policy Guide on Community Residences (Attachment C), which supports community residences, states: "Community residences should be scattered throughout residential districts rather then concentrated in any single neighborhood or 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. Neighborhoods seem to have a limited absorption capacity for service dependent people that should not be exceeded. Social scientists note that this level exists, but they can't quite determine a precise level. Writing about service dependent populations in general, Jennifer Watch notes, At some level of concentration, a community may become saturated by services and populations and evolve into a service dependent ghetto. According to one leading planning study, while it is difficult to precisely identify or explain, saturation is the point at which a community's existing social structure is unable to properly support additional residential care facilities [group homes]. Overconcentration is not a constant but varies according to a community's population density, socioeconomic level, quantity and quality of municipal services and other characteristics. There are no universally accepted criteria for determining how many group homes are appropriate for a given area. Nobody knows the precise absorption levels of different neighborhoods. However, the research strongly suggests that as the density of a neighborhood increases, so does its capacity to absorb people with disabilities into its social structure. Higher density neighborhoods presumably have a higher absorption level that could permit group homes to locate closer to one another than in lower density neighborhoods that have a lower absorption level. This research demonstrates there is a legitimate government Interest to assure that group homes do not cluster. While the research on the impact of group homes makes it abundantly clear that group homes a block or more apart produce no negative impacts, there is concern that group homes located more closely together can generate adverse Impacts on both the surrounding neighborhood and on the ability of the group homes to facilitate the "normalization of their residents, which is, after all, their raison dire." 2 2 The City is in the process of obtaining the supporting studies cited in the footnotes of this section of the APA Policy Guide, and will be happy to forward them when available. This fax was received by FAX -CNB on Line 2 from 6443139 NCR UP /RA 01025 From: 6443139 Page: 618 Date: 8!3/2007 4:41:48 PM Gregory Gonot August 3, 2007 Page 6 Policy Guide on Community Residences, American Planning Association, September, 1997, Section 5 (footnotes omitted) (emphasis in original) The policy stated by the American Planning Association is echoed by the Joint Statement of the Department of Justice and the Department of Housing and Urban Development on Group Homes, Local Land Use, and the Fair Housing Act (Attachment D). On page 5 of the Joint Statement, the agencies give their opinion on when, if ever, a local government can limit the number of group homes that can locate in a certain area. While taking the position that strict separation requirements and density restrictions are generally inconsistent with the Fair Housing Act, the Departments of Justice and Housing and Urban Development stated their belief that "if- a neighborhood came to be composed largely of group homes, that could adversely affect individuals with disabilities and would be inconsistent with the objective of integrating persons with disabilities into the community. Especially in the licensing and regulatory process, it is appropriate to be concerned with the setting for a group home." Joint Statement of the Department of Justice and the Department ' of Housing and Urban Development on Group Homes, Local Land Use, and the Fair Housing Act. August 18, 1999. As stated above, the current ADP interpretation of Health and Safety Code section 11834.36(aK4) does not allow for any consideration of the welfare of potential recovery facility residents in this context in its decision to grant or deny a license, which is inconsistent with the express language of the Health and Safety Code and the foregoing authorities. C. Statutory construction of Health and Safety Code Section 11834.20's "commensurate with local need" language indicates local need should be considered by ADP. Our City has conducted a detailed review of the legislative history surrounding the adoption of Health and Safety Code Section 11834.20. There is no specific explanation for the inclusion of the words "commensurate with local need" in the legislative history. Therefore, the rules of statutory construction must be applied, In attempting to ascertain the legislative intention; effect should be given, whenever Possible, to the statute as a whole, and to every word and clause within, leaving no part of the provision useless or deprived of meaning. In re Estate of Rossi, 42 Cal.Rptr.3d 244 (2006). Legislative intent will be determined as far as possible from the language of statutes, read as a whole, and if the words are reasonably free from ambiguity and uncertainty, the courts will look no further to ascertain Its meaning. California Department of Corrections v. California State Personnel tad, 54 Cal.Rptr.3d 665 (2007) The language "commensurate with local need" is not ambiguous. Nevertheless, in his May 24, 2007 letter to our office, ADP's =legal counsel interpreted the language of Health and Safety Code section 11834.20 to be only a "precatory introduction to the more specific provisions that follow.° If this interpretation is followed, it deprives an entire section of meaning and renders it useless as anything other than a verbal flourish. Our city Interprets section 11834.20 otherwise. The provisions of the Americans with Disabilities Act, the federal Fair Housing Act, the California Fair Employment and Housing Act, and the cases interpreting those statutes, combine to make city encouragement of the This fax was received by FAX -CNB on Line 2 from 6443139 NCR UP /RA 01026 From: 6443139 Page: 7/8 Date: 8/3/2007 4:41:49 PM Gregory Gonot August 3, 2007 Page 7 development of alcoholism and drug abuse recovery or treatment facilities unnecessary. We interpret Section 11834.20 to charge California cities, counties and ADP with ensuring that local recovery services are available for local needs. Our city's challenge has not been having enough residential recovery facilities to meet local needs; rather, it has been finding a legally defensible way of maintaining the character of the residential neighborhoods surrounding a proliferation of clustered facilities resulting from the unfettered granting of ADP licenses. Licensed and unlicensed facilities have located freely within our City because of existing state and federal fair housing laws; in one two -month period in 2006 the number of state - licensed alcoholism and drug abuse recovery or treatment facilities in Newport Beach more than doubled (from 10 to 22.) The logical interpretation of the legislative intent behind Health and Safety Code section 11834.20 is that this section sets the standard that the State should encourage and cities are expected to help achieve — enough recovery facilities to meet the needs of each city's own residents. It is logical that the California State Legislature would wish every city and county in California to have enough local recovery facilities to serve its citizens. It is not logical that the State Legislature would encourage California cities to develop into recovery destinations for a national market, as Newport Beach and several other cities in coastal areas of Los Angeles and Orange County ( Malibu, Laguna Beach, Costa Mesa) have become. National need for recovery services far exceeds the capacity of what these cities can absorb, and can overwhelm residential neighborhoods and change them forever. This result would not be consistent with the Legislature's stated concern for the welfare of the People of California. (Health & Safety Code §§ 11834.14, 11834.36(ax4)) 2) Question Two — May a city prevent the licensure of an alcoholism or drug abuse treatment facility in the city where the current number of such facilities in the city is in excess of local needs? No, a city itself does not have the authority to prevent licensure. The Legislature has indicated its intent to occupy the field of licensing alcoholism and drug abuse recovery or treatment facilities, and has delegated licensing authority to ADP. Health and Safety Code section 11834.01 states, "The department has the $ole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities. No provisions for licensing authority, or the corresponding authority to deny a license, is provided below the state level in the Health and Safety Code. The wording of Health and Safety Code section 11834.01 does not appear to leave cities any independent ability to prevent licensure, even when they can demonstrate that their local need has already been met. However, ADP is authorized to consider information from cities relative to the welfare of facility clients and the general public as a factor in granting or denying a license, with a certain amount of deference, Health and Safety Code section 11834.14 says that the goat of licensure regulations is protecting the public while promoting the public welfare. This goal is broadly worded to encompass the welfare of the neighborhoods and community surrounding the licensed factlities as well as the welfare of potential residents of the facility seeking licensure. Individual cities and counties are often in the best position to give the state - appointed licensing department information about the state of their community, and the actual Impact of recovery facilities within that community. There is nothing in the Health and Safety Code that precludes ADP from considering information from cities about the impact granting an additional license will have on the health and welfare of the community or facility residents. This is particularly true This fax was received by FAX -CNB on Line 2 from 6443139 NCR UP /RA 01027 From: 6443139 Page: 818 Date: 8/3 /2007 4:41 49 PM Gregory Gonot August 3, 2007 Page 8 when a city can demonstrate that it has fulfilled the statutory goals of Health and Safety Code section 11834.20, and its local need for recovery facilities has already been met. Conclusion Protection of the welfare of alcoholism and drug abuse recovery and treatment facility clients and the general public must be considered by some entity before a license is granted or renewed, and ADP is currently the only government entity with that authority. We hope that your opinion will help clarify these questions for us, for ADP, and for California cities in situations similar to ours. Sincerely, Robin Ciauson, City Attorney Enc. Attachment A— City's Notice dated March 8, 2007 Attachment B — City's Alcohol and Drug Treatment Analysis Attachment C - American Planning Association's Policy Guide Attachment .D - Joint Statement of the DOJ 8 the DHUD on Group Homes, Local Land Use, and the Fair Housing Act This fax was received by FAX -CNB on Line 2 from 6443139 NCR UP /RA 01028 From: 6443139 Page: 115 Date: 8/3/2007 4:19:23 PM ATTACHMENT = A This fax was received by FAX -CNB on Line 2 from 6443139 NCR UP /RA 01029 From: 6443139 Page: 2/5 Date: 8/312007 4:19:24 PM NEWPORT OFFICE OF THE CITY ATTORNEY Robin Clauson, City Attorney Mardi 8, 2007 Ms. Joan Robbins VIA EMAIL AND Manager, Licensing and Certification REGULAR U.S. MAIL California Department of Alcohol and Drug Programs 1700 K Street Sacramento, CA, 95814 Dear Joan: On behalf of the City, the residents of Newport Beach, and the residents of the licensed alcohol and drug abuse recovery and treatment facilities currently operating within the City, I request that ADP deny the license applications pending in Newport Beach. I also request that ADP deny future new license applications in Newport Beach for the following reasons: 1. Local need for recovery services In Newport Beach has been met, and probably exceeded. Newport Beach's fair share of regional need has been substantially exceeded. ADP's charge for licensing alcohol and drug recovery and treatment facilities Is based on the policy stated by the California State Legislature in Health and Safety Code § 1183420: 'The Legislature hereby declares that it is the policy of this state that each county and city shay abuse recovery or treatment facilities Of sufficlent numbers and types Of commensurate with local need."hCal. Health Safety Code § 11834.20 (emphasis added) Currently available evidence indicates that the local need for alcohol and drug abuse recovery and treatment facilities in Newport Beach has been met, and possibly exceeded. • Newport Beach already has '2.63 licensed recovery beds per thousand residents, the highest ratio of any city in Orange County. Newport Beach is home to only 2.7 — 2.8% of the total population of Orange County, but is host to approximately 14.6% of all licensed residential beds in the County. Based on the January 8, 2007 list of licensed facilities posted on the ADP's webstte, Newport Beach has at least 22 licensed residential alcohol and drug treatment and recovery facilities. Those facilities provide a.total of 219 licensed residential beds, and are licensed fora total occupancy of 244 Individuals. We are In the process of researching other Indicators of the City's local need for recovery services, and are seeking statistics on the number of persons per thousand in the population who actively seek or are placed in recovery during a given time period. Based on the disproportionately generous Supply of licensed and unlicensed recovery beds available in Newport Beach, however, it is apparent that our residents already have ample opportunities for housing and treatment in their local area 3300 Newport Boulevard - Post Oliice Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3131 • 1--ax: (949) 644 -3139 • www.city,newport- beach.ca.us This fax was received by FAX -CNB on Line 2 from 6443139 NCR UP /RA 01030 From: 6443139 Page: 315 Date: 8/3/2007 4:19:24 PM Joan Robbins March 8, 2007 Page 2 during recovery. We believe that the City of Newport Beach has not only met its local need, but has also exceeded any fair share of regional need the City should bear. Of the 34 cities in Orange County, 18 have no ADP - licensed residential beds at all, and six cities have only one or two licensed residential recovery facilities. In addition, there are a high number of unlicensed residential facilities and outpatient programs currently operating to Newport Beach. Newport Beach residents have gathered information that indicates there may be as many as 100 sober living facilities in addition to the licensed facilities, and Orange County Probation has confirmed that these numbers are probably not exaggerated. Guidelines provided by ADP officers indicate that many of these unNcensed facilities are providing services that make them subject to licensure by either ADP or Department of Social Services Community Care Licensing. Federal fair housing laws require that cities and states make exceptions from their established laws when necessary to provide disabled residents with access to housing. The City of Newport Beach has always respected this protection, and has routinely accommodated the needs of the disabled. As a result, there are abundant housing opportunities for handicapped residents, including those in recovery from alcohol and drug dependencies, already in existence in Newport Beach. Unfettered grants of licenses for more facilities are unnecessary to meet existing need. 2. Granting currently pending license applications is not necessary to meet local need for recovery services, and can cause irreparable harm to specific residential neighborhoods. a. Local overview — in Newport Beach, all but one of the ADP - licensed facilities are located on or immediately adjacent to a narrow, 2.5 mile stretch of the city within West Newport and the Newport Peninsula. Over half of the licensed recovery facilities are concentrated within a mile of each other. One of our largest facility operators advertises that It has 30 homes (licensed and unlicensed) in a linear 1.3 mile area of West Newport. Publicly available information on several of the facilities' marketing practices, as well as reports by Newport Beach recovery facility residents,' indicate that a high percentage of the residents in these 22 facilities are not Newport Beach residents, and many are residents of other states brought to California specifically to enter the Newport Beach recovery facilities. If true, Newport Beach's limited housing stock is being used by commercial organizations to provide accommodations and services in excess of our local need, and may be limiting available housing and services to address our local need. National need for recovery services far exceeds the capacity of what our city can absorb, and could overwhelm our residential neighborhoods and change them forever. b. Morningside Recovery —112 A and B 39"' Street - Based on ADP licensing numbers and census data, we estimate that on the city block that begins across the street from the proposed Morningside Recovery facility (39s' — 40'h 30% of the block's population is already housed In licensed recovery facilities. Between four and live sober living homes already present on the same block add to the concentration of recovery facilities and create an environment that is not consistent with the goals of community -based recovery. Adding an additional licensed facility at 112 Wh Street would exacerbate this situation, and wail not add a commensurate benefit to the residents in Newport Beach in need of recovery services. ' Submitted either as complaints or during a series of City hearings in 2004. This fax was received by FAX -CNB on Line 2 from 6443139 NCR UP /RA 01031 From: 6443139 Page: 4/5 Date: 813/2007 4:19:25 PM 'Joan Robbins March 8, 2007 Page 3 In addition, Momingside Recovery has already displayed disregard for the zoning restrictions of the City of Newport Beach and the licensing restrictions of the ADP during its start-up phase. Although it was not yet in possession of a license from ADP, Momingside Recovery moved residents into the property at 112 39" Street in Fall, 2006. Fire clearance provided for Morningside's ADP license application was for six residents. The Newport Beach Fire Marshall received a credible complaint that there were eight beds in the facility, and that two beds were temporarily removed from the facility In honor of an announced ADP inspection. In December 2006, Newport Beach Code Enforcement officers inspected 112 39" Street, confirmed that there were eight residents, and cited Momingside Recovery for exceeding six residents wihout the proper zoning clearance. Morningaide Recovery is applying for a license for each unit in a duplex building. Integral facilities with over six residents tend to develop in duplexes with two licenses, and when this occurs Momingside will require a Federal Exception Permit (FEP) from the City of Newport Beach. (The FEP is our local permitting requirement for facilities with seven or more residents, which makes provision for accommodations specific to a disabled group's housing needs) c. Ocean Recovery —1217 and 1217 1/2 West Bay Avenue — This expansion of the existing Ocean Recovery women's program proposes to locate in an area in which approximately 17% of the population of a two -block cross- section of the Peninsula is already housed in three large licensed recovery facilities. The addition of an additional Ocean Recovery facility, in conjunction With the residents who have recently moved into the sober living expansion of the Newport Coast Recovery facility across the alley, would bring the population of residential recovery facilities in that area to 20%. Unfortunately, Ocean Recovery does not appear to be following a pattern of openness and honesty with either its proposed neighbors or the City in its siting process. After Ocean Recovery purchased the property, neighbors report that they asked an Ocean Recovery representative Present on the property what the property would be used for, and he replied that he and his family would be living there while their house was being remodeled. (This nullified the subsequent efforts of City representatives who encouraged neighbors to approach Ocean Recovery and work with them to protect the quiet residential character of Bay Avenue.) Originally, Ocean Recovery indicated an intent to apply for a single license for the property at 1217 and 1217'/2 West Bay Avenue, with a licensed capacity of eight. When Ocean Recovery was informed by the City that this would require a FEP, facility operators told Planning Department representatives that they had made "a mistake in their application," and that they had intended to apply for two licenses, one for six residents, and one for two residents.' This does not 2 To clarity the issue, the Planning Department asked Ocean Recovery to submit a written description of the operational pattems they anticipate following at 1217 and 1217 % West Bay, and the services to be Provided in each unit. The document that Ocean Recovery provided described what is effectively an expansion of the Ocean Recovery women's program currently in operatWn at 1001 West Balboa, an existing nonconforming use. Because the additional facility will Involve the expansion of an existing nonconforming use, the City Intends to require a Federal Exception Permit in order to allow Ocean Recovery to operate its program as described at 1217 and 1217 /: West Say. This fax was received by FAX -CNB on Line 2 from 6443139 NCR UP /RA 01032 Joan Robbins March 8, 2007 Page 4 From: 6443139 Page: 5/5 _ Date: 8/3/20074.19:25 PM 9 change our determination that the application Is for a facility with operations integral to other licensed facilities that will serve more than six residents, which therefore must have an FER d. Kramer Center Newport Beach The Kramer Center Newport Beach knowingly began supplying residential treatment services to adolescent girls without a license from either ADP or DSS in December, 2006. Although I cannot give details on an ongoing criminal` Investigation, before granting any license for the Kramer Center, ADP should be aware that the Newport Beach Police Department has received and is Investigating complaints against this entity and some of its employees. ADP and DSS'Community Care Licensing are also investigating the allegations. I hope that the ADP will carefully consider our position before granting more licenses for residential alcohol and drug abuse recovery and treatment facilities in the City of Newport Beach. Changing the character of our neighborhoods from residential to institutional benefits neither our permanent residents, nor the clients of the existing facilities who are undergoing the difficult process of recovery. We appreciate any assistance you can give us in preventing the irreparable harm that could result from the unfettered expansion of the commercial operations in residential neighborhoods. Sin , Robin Ciauson, City Attorney cc: Mayor and Members of Newport Beach City Council City Manager This fax was received by FAX -CNB on Line 2 from 6443139 NCR UP /RA 01033 STATE OF CAI IFORNIA -At SINFSS TRANSPQATAnQUANU HOUSING A ENCY AMID Q S HW8EZENEMER DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1800 Third Street, Suite 430 P. O. Box 952053 " ;pi:) Sacramento. CA 94252 -2053 (916) 323 -31771 FAX (916) 327 -2643 w .hcd.ca.gov October 24, 2008 Mr. David Lepo, Planning Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Dear Mr. Lepo: RE: Review of the City of Newport Beach's Draft Housing Element Thank you for submitting Newport Beach's draft housing element received for review on August 25, 2008. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). A telephone conversation on October 20, 2008 with Mr. Gregg Ramirez, Senior Planner, and Ms. Linda Tatum and Ms. Jessie Barkley from PBS &J, the City's consultants, facilitated the review. In addition, the Department considered comments from Mr. Cesar Covarrubias, from the Kennedy Commission, Ms. Kathy Lewis, from the Newport Beach Housing Coalition, and Mr. Ezequiel Gutierrez, from the Public Law Center, pursuant to Government Code Section 65585(c). The draft element addresses many of the statutory requirements; however, revisions will be necessary to comply with State housing element law (Article 10.6 of the Government Code). In particular, the element should include analyses of the adequacy of identified sites to accommodate the regional housing need for lower- income households and revise programs to demonstrate the City's commitment to assist in the development of housing affordable to extremely low- income households. The enclosed Appendix describes these and other revisions needed to comply with State housing element law. Furthermore, in September of 2007, the Department reviewed draft changes to the adopted housing element from the previous housing element planning period and determined revisions relating to the adequacy of sites would be necessary to comply with State housing element law. As the current draft contains much of the same site related information, many of the findings described in the September 10, 2007 review are still necessary to comply with State housing element law (Article 10.6 of the Government Code). 12 HCD 1 NCR IJP /RA 01034 Mr. David Lepo, Planning Director Page 2 The Department would be happy to arrange a meeting in either Newport Beach or Sacramento to provide any assistance needed to facilitate your efforts to bring the element into compliance. If you have any questions or would like assistance, please contact Melinda Coy, of our staff, at (916) 445 -5307. Sincerely, Cathy E. Creswell Deputy Director Enclosure cc: Gregg Ramirez, Senior Planner, City of Newport Beach Kathy Lewis, Newport Beach Housing Coalition Cesar Covarrubias, Kennedy Commission Ezequiel Gutierrez, Public Law Center 13 NCR UP /RA 01035 HCD 2 APPENDIX CITY OF NEWPORT BEACH The following changes would bring Newport Beach's housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code. Housing element technical assistance information is available on the Department's website at www.hcd.ca.aov/hod. Refer to the Division of Housing Policy Development and the section pertaining to State Housing Planning. Among other resources, the Housing Element section contains the Department's latest technical assistance tool Building Blocks for Effective Housing Elements (Building Blocks) available at www,hcd.ca.gov/hr)cVhousina element2Andex.phy, the Government Code addressing State housing element law and other resources. A. Housing Needs. Resources and Constraints Include an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites (Section 65583(a)(3)). The inventory of land suitable for residential development shall be used to identify sites that can be developed for housing within the planning period (Section 65583.2). Newport Beach has a Regional Housing Need Allocation (RHNA) of 1,769 housing units, of which 708 units are for lower- income households. To address this need, the element relies primarily on underutilized and non- vacant sites within newly designated mixed -use areas. However, to demonstrate the adequacy of these sites and strategies to accommodate the City's share of the RHNA, the element must include more detailed analyses, as follows: Addressino Unaccommodated Need from the Previous Planning Period: Pursuant to Chapter 614, Statutes of 2005 (AB 1233), as Newport Beach failed to adopt a housing element demonstrating sufficient sites to accommodate the City's RHNA for the 2000- 2008 planning period, the element must include specific actions in its 2008 -2014 update to address any unaccommodated need resulting from the previous planning period within the first year of the 2008 -2014 planning period. To assist you in meeting this statutory requirement, including instructions on calculating the unaccommodated need, see the Department's AB 1233 memo at http l/www.hcd.ca.gov/hod/hrciiplan/helab 1233 final dt odf. For additional assistance, please refer to the Building Blocks' website at http://www hcd.ca.gov/hpd/housing element2 /GS reviewandrevise php. Realistic Capacitv: To calculate the potential residential capacity of sites in the inventory, the element assumes the sites will be built at either maximum allowed densities or to the maximum build out allowed under the general plan. The element must describe the methodology for determining capacity assumptions and demonstrate how the calculation accounts for land -use controls and site improvements, including height limits, and floor area ratios. The element could also describe the density yield of projects recently built or under construction. In addition, the element must provide a parcel specific estimate of the number of units that could be accommodated on all sites in the inventory including those within the John Wayne Airport Area. 14 HCD 3 NCR UP /RA 01036 ,2, Furthermore, as many of the sites are zoned for mixed -use, the residential capacity analysis must account for the potential development of non - residential uses and could consider any performance standards such as those mandating a specified portion of a mixed -use site be non- residential (i.e., first floor, front space as commercial) when estimating the potential residential capacity. Sites to Accommodate the RHNA for Lower- Income Households: Given allowed densities, the John Wayne Airport Area appears to have the greatest potential to accommodate Newport Beach's share of the regional housing need for lower- income households. However, the element must demonstrate how existing uses, parcel sizes, land -use regulations, and General Plan Policy LU 6.14.6 impact the viability of this strategy to accommodate the RHNA for lower- income households within the planning period. For example: Non - Vacant Sites: As the element relies primarily on non - vacant and underutilized sites to accommodate the regional housing need (Appendix H -4), it must describe the existing uses of each of the identified sites within the parcel specific inventory and analyze the extent to which those uses may impede additional residential development. The element should also describe any existing or proposed regulatory incentives and standards to encourage and facilitate more intensive residential development on the identified underutilized sites. For further information, refer to the Building Blocks' website at http: / /www.hcd.ca gov /hod /housing Iement2/SIA zonino php. Small Sites: Should the City need to rely on very small sites to accommodate a portion of the remaining regional housing need for lower- income households, the element must include an analysis demonstrating the development potential of smaller sites, including their capacity to facilitate the development of housing for lower- income households. The element could use development trends to facilitate this analysis. This is particularly important given the necessary economies of scale to facilitate the development of housing affordable to lower- income households. For example, most assisted housing developments utilizing State or federal financial resources typically include at least 50 to 60 units. Lot Consolidation: General Plan Policy LU 6.14.6 requires residential neighborhoods to include 10 continuous acres centered on a neighborhood park (page 5 -44). The element should analyze the impacts of this policy on the availability of development opportunities within the Airport Area for a variety of housing types, including multifamily rental. While larger developers may have the ability to assemble the necessary sites to meet the 10 acre requirement, the analysis should consider the impact on smaller scale development proposals such as a low - income housing tax credit project and indicate the impact of LU 6.14.6 on such projects. Sites with ZonjDA for a Variety of Housing Types: The housing element must demonstrate the availability of sites, with appropriate zoning, that will encourage and facilitate a variety of housing types, Including supportive housing, single -room occupancy (SRO) units, emergency shelters, and transitional housing. An adequate analysis should, at a minimum, identify whether and how zoning districts explicitly allow 15 HCD 4 NCR UP /RA 01037 -3- the uses, analyze whether zoning, development standards and permit procedures encourage and facilitate these housing types. If the analysis does not demonstrate adequate zoning for these housing types, the element must include implementation actions to provide appropriate zoning. SROs: While the element indicates SROs are conditionally permitted in the RSC and APF zones, it must also demonstrate how the City's permit processing procedures, development standards, and standard conditions of approval encourage and facilitate the development of SROs. Emergency Shelters: The element includes Program 5.1.6 committing the City to amend the zoning code to permit emergency shelters pursuant to Chapter 633, Statutes of 2007 (SB 2). in conjunction with the City's program strategy, the element must also identify the zone(s)being considered for emergency shelters and demonstrate sufficient capacity in the zone(s) to accommodate the need for emergency shelters, including sufficient capacity for at least one (year- round) emergency shelter. For further information, please see the Department's memo at http://www.hcd.ca.gov/hod/sb2 memo050708 odf. Transitional and Supportive Housing: The element includes Program 5.1.6 to amend` the zoning code to identify zones where transitional housing will be permitted and conditionally permitted. Pursuant to SB 2, the element must demonstrate transitional and supportive housing are treated as residential uses subject only to those restrictions that apply to other residential uses of the same type in the same zone. For example, if the transitional housing is a multifamily use proposed in a multifamily zone, then zoning and permit processing should treat transitional housing the same as other multifamily uses proposed in the zone. 2. Analyze potential and actual governmental constraints upon the maintenance, improvement, and development of housing for all income levels, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 (Section 65583(a)(5)). Land -Use Controls: While the element includes Table H35 summarizing development standards for residential zoning districts and Table H34 describing FAR and density standards for the mixed -use areas, as stated in the Department's September 10, 2007 review, it must also analyze how implementation of these standards, particularly the Planned Community (PC) zone, will facilitate and encourage housing for all income groups. For example, the element must analyze how implementation of General Plan Policy LU 6.14.6 could impact the development of housing affordable to lower- income households. Should the requisite analysis determine the City's new land -use controls will impede residential development, the element must include a program to mitigate and/or remove any identified constraints. 16 HCD 5 NCR UP /RA 01038 -4- Local Processing and Permit Procedures: As indicated in the element, City staff is currently working on a comprehensive zoning ordinance update to address inconsistencies between recently established general plan land -use designations and outdated zoning categories and the City Council adopted a resolution (as an interim measure) that allows projects to be "reviewed" in spite of this general plan /zoning inconsistency (page 5 -77). However, as stated in the Department's September 10, 2007 review, the element must be expanded to demonstrate that in addition to "reviewing" residential projects, they can actually receive final approval during the time period which the zoning ordinance is being updated Affordable Housing Implementation Plan (AHIP): The draft element indicates the City requires an AHIP be prepared for projects with more than 50 residential units (page 5 -51). While the element describes threshold requirements for the preparation of an AHIP and in -lieu options, the element should be expanded to include a more specific analysis of the program's proposed implementation framework and demonstrate the ordinance will not act as a constraint on development of market -rate units. For example, the element should include a more specific description and analysis of the types of incentives the City will adopt to encourage and facilitate compliance with inclusionary requirements, what options are available for developers to meet affordability requirements, how the ordinance interacts with density bonus laws, and the current amount of any in -lieu fee. Constraints on Persons with Disabilities: The element must include a detailed description of the City's recently adopted policies regarding group home development and analyze this policy for requirements that may constrain housing for persons with disabilities. 3. Analyze the opportunities for energy conservation with respect to residential development (Section 65583(a)(8)). The element states Newport Beach's updated natural resources element contains polices that promote energy efficient construction and encourage provision of energy, alternatives (page 5 -65), but does not provide a description of those policies. Given the importance of promoting strategies to address climate change and energy conservation, the City's analysis could facilitate adoption of housing and land -use policies and programs in the housing element that meet housing and conservation objectives. Planning to maximize energy efficiency and the incorporation of energy conservation and green building features can contribute to reduced housing costs for homeowners and renters. For example, the element could include incentives to encourage green building techniques and materials in new and resale homes, promote energy audits and participation in utility programs, and facilitate energy conserving retrofits upon resale of homes. Additional information on potential policies and programs to address energy conservation are available in the Building Blocks' website at http://www.hcd-Ca.clov/hPd/hpusinci element2/ IA conservation Php. 17 HCD 6 NCR UP /RA 01039 5 B. Quantified Objectives Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five -year time frame (Section 65583(b)(1 & 2)). The element does not address this requirement. It must quantify the number of housing units by income cateaory that can be constructed, rehabilitated, and conserved over a five- year time period. This requirement could be addressed by utilizing a matrix like the one illustrated below: Extreme) Law- Income New Construction Rehabilitation Conservation Very Low- Income Low - Income Moderate- Income Above Moderate-income C. Housina Programs identify adequate sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels, including rental housing, factory-built housing, mobilehomes, and emergency shelters and transitional housing. Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of ail household income levels pursuant to Section 65584, the program shall provide for sufficient sites with zoning that permits owner - occupied and rental multifamily residential use by right, including density and development standards that could accommodate and facilitate the feasibility of housing for very low- and low - income households (Section 65583(c)(1)). As noted in finding Al, the element does not include a complete site analysis and therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. For your information, where the inventory does not identify adequate sites pursuant to Government Code Sections 65583(a)(3) and 65583.2, the element must provide a program to identify sites in accordance with subdivision (h) of 65583,2 for 100 percent of the remaining lower- income housing need with sites zoned to permit owner- occupied and rental multifamily uses by -right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 20 units per acre. Also, at least 50 percent of the remaining need must be planned on sites that exclusively allow residential uses. Furthermore, as noted in finding A1, pursuant to AB 1233, the element must identify the unaccommodated housing need by income level in the previous planning period and include programs to make sufficient capacity available by June 30, 2009. This demonstration is separate and in addition to adequate sites for the new planning period. 18 HCD 7 NCR UP /RA 01040 z.2 At a minimum, the element should be revised as follows: • Programs 3.2.1 and 3.2.2 must be revised to include timeframes for the adoption of the proposed development standards and zoning districts that implement general plan land -use designations and policies. • As stated in the Department's September 10, 2007 review, given Newport Beach's reliance on a combination of mixed -use and redevelopment to accommodate its remaining housing need, Policy H.2.3 must be complemented with strong programs and implementation actions to facilitate such development (i.e., specific commitment to provide regulatory and /or financial incentives and promote the development of underutilized and /or mixed -use sites). To comply with the provision of Chapter 633, Statutes of 2007 (SB 2), Program 5.1.6 must be modified to identify a zone(s) where emergency shelters will be permitted without a conditional use permit (CUP) or other discretionary action within one year of adoption of the housing element, and demonstrate sufficient capacity is available within this zone to accommodate at least one shelter. The zoning code must also permit transitional and supportive housing as a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone. 2. The housing element shall contain programs which "assist in the development of adequate housing to meet the needs of extremely low -, low- and moderate- income households (Section 65583(c)(2)). While the element includes some programs to assist the development of very low -, low and moderate- income households, programs should be expanded or added pursuant to Chapter 891, Statutes of 2006 (AB 2634), to specifically assist in the development of a variety of housing types to meet the housing needs of extremely low- income households. 3. 1 he housing element shall contain programs which address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing" (Section 65583(c)(3)). As noted in finding A2, the element requires a more detailed analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to strengthen or add programs and address and remove or mitigate any identified constraints. 19 HCD 8 NCR UP /RA 01041 -7- 4. The housing program shall preserve for low- income household the assisted housing developments identified pursuant to paragraph (8) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (8) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance (Section 65583(c)(6)). The element identifies 46 units as at -risk within the immediate planning period and another 87 units in the subsequent five years. Therefore, the element should strengthen Policy H.3, to include specific actions to address the potential loss of units. For example, the program should develop a strategy to quickly move forward in case units are noticed to convert to market -rate uses. in addition, Programs 4.1.1 through 4.1.3 should include specific timeframes for implementation. D. Public Participation Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort (Section 65583(c)(7)). While the element provides a detailed listing of organizations and individuals notified regarding workshops for the housing element update, it should also describe the success of the outreach and how comments received as part of the public participation process were incorporated into the housing element. Newport Beach should continue to engage the community, including the parties commenting on the element, through any revisions and subsequent adoption of those revisions to the housing element. 20 HCD 9 NCR UP /RA 01042 City's Objection to NCR's Untimely Brief (July 30, 2009) NCR UP /RA 01043 IN& RICHARDS I WATSON I GERSHON `ISre ATTORNEYS AT LAW —A PROFESSIONAL CORPORATION 355 South Grand Avenue, Goth Floor, Los Angeles, California 90071.3101 Telephone 213.626.8484 Facsimile 213.626.0078 Patrickg.Bobko July 30 2009 pbob P.Wck - Sob o , VIA FACSIMILE Mr. Tom Allen Hearing Officer City of Newport Beach Re: Objection to Newport Coast Recovery's Untimely Brief Dear Mr. Allen: This letter is the City's formal objection to Newport Coast Recovery's untimely submission of the supplemental briefing the Hearing Officer requested at the Reasonable Accommodation/Use Permit hearing on July 7, 2009. It was Counsel for Newport Coast Recovery, not the City, who suggested the parties provide the requested supplemental briefing within 14 days - by July 21, 2009. (Transcript of Public Hearing on Newport Coast Recovery, LP, July 7, 2009, page 28, lines 12 -13, and page 129, lines 14 -15). The City complied with the Hearing Officer's order and timely submitted its briefing on Tuesday, July 21, 2009, and provided its brief to Counsel for Newport Coast Recovery at the same time. Newport Coast Recovery did not file its supplemental briefing until July 29, 2009 — eight days after it, was due. In addition to providing Newport Coast Recovery more than a week's time the City did not have, the extra eight days also allowed Newport Coast Recovery's Counsel time to review and rebut the arguments set forth in the City's submission. Unfairly, the City had no similar opportunity. Sincerely, P t ckQoJbEo/ 11287 - 0012 \1155079v2.doc NCR LIP /RA 01044 RICHARDS I WATSON I GERSHON ATTORNEYS At LAW -A PROFESSIONAL CORPORATION Mr. Tom Allen July 30, 2009 Page 2 bee: Dave Kiff Catherine Wolcott Peter Pierce NCR UP/RA 01045 Hearing Officer's Letter Authorizing Limited Supplemental Briefing (August 2, 2009) NCR UP /RA 01046 Thomas W. Allen Attorney at Law /Hearing Officer 3419 Via Lido #210 Newport Beach CA 92663 ptlaw @sbcglobal.net Sent by Email Mr. Steve Polin Spolin2 @earth link. net Re: Newport Coast Recovery August 2, 2009 Mr. Patrick Bobko pbobko@rwg.com Mr. Bobko is correct in his contention that the filing of the Newport Coast Recovery brief was untimely. The brief of Newport Coast Recovery is nevertheless accepted for filing. The City of Newport Beach is hereby granted the right to file a response to the Newport Coast Recovery brief, limited to the issues raised therein, which shall be filed at or before 5 pm, Friday August 7, 2009. Filing shall be done by email. /s/ Thomas W. Allen Hearing Officer cc: Mr. Kiff and Ms. Wolcott NCR UP /RA 01047 City's Supplemental Letter -Brief Regarding Reasonable Accommodation No. 2009 -009 (August 7, 2009) NCR UP /RA 01048 Patrick BabPa I: ,1►xi RICHARDS WATSON I GERSHON VV411 ATTORNEYS AT LAW —A PROFESSIONAL CORPORATION 355 South Grand Avenue, 40th Floor, Los Angeles, California 90071-3101, Telephone 213.626.8484 Facsimile 213.626.0078 Patrick k, abbkp August 7, 2009 pbpb VIA FACSIMILE Mr. Torn Allen Hearing Officer City of Newport Beach Re: Reasonable Accommodation Dear Mr. Allen: The City of Newport Beach ( "City ") submits this supplemental letter brief pursuant to the Hearing Officer's Order dated August 2, 2009, The City notes that the issues raised by the Newport Coast Recovery's ( "NCR ") supplemental brief far exceed those on which briefing was requested. The only issue the Hearing Officer asked NCR for briefing on involved NCR's allegations regarding the City's Housing Element, See Transcript of Proceedings (July 7, 2009) at page 122, line 25, page 123, lines 1 -5.' The City offered to further brief the Hearing Officer on whether NCR had engaged in a "pattern or practice" of illegal operation. See TR (July 7, 2009) at page 123, lines 17 -20. Conformably with the Hearing Officer's request, the City briefed these two issues on July 21, 2009. NCR's supplemental briefing on the issues of "over- concentration," "equal opportunity," and "adopting discriminatory animus" were not requested. Nevertheless, the City has no objection with the Hearing Officer considering these issues since NCR claimed it did not have sufficient time to prepare and brief issues at the Use Permit and Reasonable Accommodation hearings. ' Any reference to a transcript of proceedings from one of the public hearings will be annotated "TR" followed by a page and line number. NCR LIP /RA 01049 RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PROFESS I ONAL CORPORATION Mr. Tom Allen August 7, 2009 Page 2 And to the extent NCR requested permission to brief issues in its supplemental brief but did not, the City respectfully submits those matters be closed and the evidence confined that presented at the hearing.' A. The Hearings Were Not About Licensing NCR's supplemental brief states, "[a] request for a reasonable accommodation is not a licensure compliance hearing or an adjudication on compliance with state licensure standards." See Newport Coast Recovery's Supp. Brief at page 2. The City agrees. The status of NCR's license and the implications of NCR's illegal activity on that license had nothing to do with the issues before the Hearing Officer. See RT (July 7, 2009) at page 25, lines 9 -13 ( "we can concede that this is not about questions of law with regard to licensure or whether or not this person is fit to hold a license from the state"). The reason this evidence about NCR's admission of minors to one its facilities is at issue is because Newport Beach's Municipal Code ( "NBMC ") section 20.91A.050 subdivision B requires that licensed facilities like NCR's "shall be operated in compliance with applicable State and local law ... ".' Staff believed this evidence showed NCR was not operating its facility in At the Reasonable Accommodation hearing Counsel for NCR asked that the "record is left open" regarding its claim that NCR provides "a very different and narrow type of housing, and Newport Coast Recovery is the only one here on the West Peninsula -- and could be in the City -- that is ... [a] primary care all -male residential facility." See RT (July 7, 2009) at page 84, lines 19 -24. NCR's supplemental brief provides no evidence or clarification on this particular point. ' NCR argues the evidence the City presented does not constitute a "pattern and practice" of violating state and local law. The NBMC section containing the "patter and practice" language applies only to operators of "unlicensed residential care facilities" in or outside of Newport Beach, and the subsection is inapplicable here because NCR is a licensed facility. The City need not show NCR has a "pattern and practice" of operating its facilities illegally, the applicable code section states they must comply with state and local law— period. NCR UP /RA 01050 RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION Mr. Tom Allen August 7, 2009 Page 3 compliance with this provision of the code, and once the evidence came to Staff's attention it could not simply be ignored or disregarded." Staff was obliged to present the information for consideration by the City Council, and then the Hearing Officer. That is precisely what Staff did. The N13MC makes no reference to licenses or the conditions for obtaining them from the State. Correspondingly, the City took no position on NCR's license during the July 7`h hearing, and it was not considered a factor in the Staff s recommendation. The question of licensing arose because NCR's Counsel attempted to shift the focus of the hearing from compliance with the City's zoning ordinance, to licensing under the Department of Alcohol and Drug Programs ("ADP").' 4 In footnote I of its supplemental brief, NCR states the information presented at the July Vh hearing is unreliable and "not subject to cross examination ... ". Not so. Counsel for NCR chose not to cross - examine the parents who testified at the hearing. See RT (July 7, 2009) at page 29, line 19 ( "We cannot and will not respond. ") NCR asserts federal law prohibits it from responding to any of the evidence submitted at'the hearing, and cites as authority 42 U.S.C. § 290DD -2, which generally prohibits disclosure of records of the identity or treatment of patients in a substance abuse program. In this case, however, the minor child who NCR illegally admitted to its facility volunteered his testimony about his experience as an NCR resident. Moreover, the parent consented to the minor's testimony.. See RT (July 7, 2009) at page 117, line 21. The other minor's parent testified telephonically, revealed her son's identity, and was also available for cross - examination. Thus, any privilege held by the minors was explicitly waived. Additionally, 42 U.S.C. § 290DD -2 expressly applies only to treatment programs and facilities "conducted, regulated, or directly or indirectly assisted by" the federal government. NCR made no showing, nor is there evidence in the record to prove NCR received federal assistance. NCR also claims the City alluded to "other complaints it has received since the hearing which [sic] has not been shared with NCR of its attorneys." See Newport Coast Recovery's Supp. Brief at page 2. The City provided NCR's Counsel with all the correspondence it received regarding NCR in a letter dated July 30, 2009. s NCR states there is nothing the City can do about the alleged illegal activity at NCR's facilities, even within the context of its municipal code. "The City's only legal recourse is to complain to DSS and ADP about what it perceives to be NCR's violation of its licensure." See Newport Coast Recovery's Supp. Brief at page 2. This claim completely overlooks the requirements of the NBMC, discussed above. The City also observes this defense is akin to a doctor who illegally prescribes drugs to his patients claiming he is exempt from criminal NCR UP /RA 01051 RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW _ A PROFESSIONAL CORPORATION Mr. Tom Allen August 7, 2009 Page 4 Finally, the City questions whether any of the issues NCR raised surrounding the evidence presented at the July 7, 2009, hearing are relevant because the Hearing Officer did not base his decision on the after- acquired evidence. See RT (July 7, 2009) at pages 55 -56; page 125, lines 20 -22, page 126, lines 13 -15 ( "And the primary focus on my thinking remains the overconcentration issue that I think was founded in the first Resolution we did. ") B. The NBMC Requires the Hearing Officer Consider "Overconcentration" as a Factor in His Decision NCR mistakenly argues that the Health and Safety Code preempts the City's consideration of whether its facility would result in an overconcentration of treatment facilities. NCR makes this assertion on the ground that ADP cannot consider "overconcentration" when reviewing license applications, The City respectfully submits it is not within the Hearing Officer's discretion to ignore the issue of whether granting NCR's Reasonable Accommodation request would result in an overconcentration of facilities in Newport Beach. The NBMC explicitly requires this factor be taken into consideration. And contrary to NCR's contention, the reason the City Council included this factor for consideration in the ordinance was not to keep facilities like NCR's out of Newport Beach, but rather to avoid the "institutionalization" of the City's single - family residential neighborhoods that works to the detriment of both residents and persons in recovery. See NBMC §§ 20.91A.010(B); 20.91A.060(D). NCR's preemption argument is completely misplaced. Aside from the fact that NCR fails to explain how state law preempts compliance with federal reasonable accommodation requirements, NCR misconstrues the nature of state law preemption. prosecution because his ability to prescribe drugs is a matter entirely within the purview of the state medical board, not the criminal justice system. NCR UP /RA 01052 RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PRO:ESSIONAL CORPORATION Mr. Tom Allen August 7, 2009 Page 5 The threshold inquiry in any preemption analysis under California law is whether there is an actual conflict between local and state law. See Johnson v. Bradley, 4 Cal, 4th 389, 399 (1992). The California Supreme Court found, "[a] ' conflict exists if the local legislation duplicates, contradicts, or enters an area fully occupied by general law, either expressly or by legislative implication. [Citations.]" O'Connell v. City of Stockton, 41 Cal. 4th 1061, 1067 (2007), quoting Sherwin Williams Co. v. City of Los Angeles, 4 Cal. 4th 893, 897 (1993) (emphasis in original). The Hearing Officer's consideration of overconcentration as a factor in his decision does not duplicate or contradict any aspect of ADP's licensing scheme. As NCR points out in its supplemental brief, ADP has no authority to consider overconcentration when reviewing a license application. See Ops. Cal Atty. Gen. 109, *8 -9 (2007). The Health and Safety Code is silent on the issue of overconcentration as to licensed alcoholism and drug abuse recovery and treatment facilities. There is no conflict between the municipal code and state law because the City's guidelines do not duplicate, contradict, or enter into an area of regulation fully occupied by the relevant provisions of the Health & Safety Code.' Health & Safety Code §§ 11834.01- 11834.50 provide that ADP has sole authority to license the operation of adult alcoholism or drug abuse recovery or treatment facilities. See Health and Safety Code § 11834.01. ADP must grant a license to any treatment facility for which an applicant submits: (1) a completed written application; (2) a licensure fee; and (3) a fire clearance approved by the fire official having jurisdiction over the facility. See Health & Safety Code § 11834.03. Section 1 I834.09(c) requires ADP to deny an application if it - determines the applicant is incapable of complying with the relevant statutory and regulatory requirements. Section 11834.36 also authorizes ADP to deny an application upon any of the following grounds: "(1) Violation by the licensee of any provision of [the applicable statutes and ADP regulations]. (2) Repeated violation by the licensee of any of the provisions of [the applicable statutes and ADP regulations]. NCR UP /RA 01053 RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION Mr. Tom Allen August 7, 2009 Page 6 The overconcentration issue is exactly what the City says it is — a zoning issue. The only respect in which the Health and Safety code intrudes on this authority is to exempt residential treatment facilities that house six or fewer residents from any local zoning controls not also applicable to single family homes. See Health & Safety C. §§ 11834.20- 11834.25. Tf anything, this limited and targeted intrusion into local zoning control is clear evidence that the legislature did not mean to preempt the entire field of zoning with respect to treatment facilities. C. NCR's Reasonable Accommodation Request Would Fundamentally Alter the City's Zoning Scheme An accommodation request is not reasonable if it would fundamentally alter the nature of the government program. In the land use context, this means an accommodation request is unreasonable if it fundamentally alters the character of the neighborhood and /or undermines the purpose of the City's zoning scheme. See, e.g., Hovsons, Inc. v. Township of Brick, 89 F.3d 1096, 1105 (3rd Cir. 1996); see also Gamble v. City of Escondido, 104 F.3d 300 (9th Cir. 1997) (operating a health care facility open to the general public in a residential area not required as a reasonable accommodation). In United States v. City of Chicago Heights, 161 F.Supp.2d 819 (N.D.I11. 2001), the court held this principle allowed consideration of whether a group home would create an unreasonable overconcentration of such uses in a community. There, the city imposed a 1000 -foot separation requirement between group homes, based on the belief that clusters of similar uses would (3) Aiding, abetting, or permitting the violation of, or any repeated violation of, any of the provisions described in paragraph (1) or (2). (4) Conduct in the operation of an alcoholism or drug abuse recovery or treatment facility that is inimical to the health, morals, welfare, or safety of either an individual in, or receiving services from, the facility or to the people of the State of California. (5) Misrepresentation of any material fact in obtaining the alcoholism or drug abuse recovery or treatment facility license. (6) Failure to pay any civil penalties assessed by the department." NCR UP /RA 01054 RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION Mr. Tom Allen August 7, 2009 Page 7 create an institutional environment. Based on the facts presented, the court held allowing a group home to operate within 1000 feet of a similar use would not result in a clustering of uses, would not "institutionalize" group home residents, and would not fundamentally alter the city's zoning scheme. But the court made the following observation, apropos of the situation presented here: "There may be situations in which the distance between the homes is so little, where there is already more than one group home within 1000 feet, or where the homes are so similar in nature or operation, under which a request for a special use permit would fundamentally alter the City's purpose of avoiding clustering and preserving the residential character of certain neighborhoods." United States v. City of Chicago Heights, 161 F.Supp.2d 819, 837 (N.D,III. 2001). It is for precisely the reason the court identified in City of Chicago Heights that Newport Beach requires the Hearing Officer to consider overconcentration when determining whether to grant a use permit or reasonable accommodation. One of the stated goals of the NBMC is: "[T]o protect and implement the recovery and residential integration of the disabled, including those receiving treatment and counseling in connection with dependency recovery. In doing so, the City seeks to avoid the overconcentration of residential care facilities so that such facilities are reasonably dispersed throughout the community and are not congregated or over- concentrated in any particular area so as to institutionalize that area." NBMC §20.91A.010. Nor is this a case like Regional Econ. Cmty. Action Program, Inc. v. City of Middletown, 294 F.3d 35 (2002) or Oxford House -C v. City of St. Louis, 843 F.Supp. 1556 (E.D.Mo 1994), where the courts found the cities' NCR UP /RA 01055 RICHARDS I WATSON I GERSHON ATTOR KEYS AT LAW -A PROFESSIONAL COR POP ATION Mr. Tom Allen August 7, 2009 Page 8 overconcentration concerns were pretexts for discriminatory animus. Newport Beach's concerns about "overconcentration" and the "institutionalization" of its neighborhoods are both real and documented. Moreover, NCR cites no authority, nor is the City aware of any, that holds overconcentration can never be considered when deciding whether an accommodation request is reasonable. Finally, from a practical standpoint, NCR's claims regarding animus lose steam when considered against the number of reasonable accommodations and use permits the City has already granted to similar uses under its new regulatory scheme. D. NCR Has Not Met Its Burden of Proof for Reasonable Accommodation NCR complains that the City cannot require it to produce evidence that capacity for the requested number of beds is necessary for its financial viability, and that the City is applying the wrong burden of proof. These positions are flatly at odds with established case law. Reasonable accommodations are required only if they are both "reasonable" and "necessary." "The `necessary' element requires the demonstration of a direct linkage between the proposed accommodation and the `equal opportunity' to be provided to the handicapped person." Lapid- Laurel, LLC v. Zoning Bd. ofAdjustment of the Township of Scotch Plains, 284 F.3d 442, 460 (3rd Cir. 2002). Case law demonstrates NCR bears the burden of showing the necessity of its requested accommodation. Lapid - Laurel illustrates this point. In that case, the operator of a group home for the elderly requested a use variance to allow a 93 -bed facility in a residential area. The operator failed to show that smaller facilities were unable to provide the range of care required, or that it would be economically infeasible to operate a smaller facility. The court found the "necessity" element satisfied as to disabled elderly residents' need to live in a single - family residential area, but not as to the number of residents requested by the facility operator. The court found the operator could satisfy the "necessity" element for the requested population by showing either: (1) the size was necessary for NCR UP /RA 01056 RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION Mr. Tom Allen August 7, 2009 Page 9 j the facility's financial viability; or (2) proving the size of the facility imparted some therapeutic benefit on the residents. The facility operator had not demonstrated a larger facility was necessary for either financial viability or therapeutic benefit. See Lapid- Laurel, LLC v. Zoning Bd. ofAdjustment of the Township of Scotch Plains, 284 F.3d 442, 460 -61 (3 rd Cir 2002). The Ninth Circuit follows the same approach. See e.g., City of Edmonds v. Washington State Building Council, 18 F.3d 802, 803 (9th Cir. 1994) (sober living home made preliminary showing of necessity by showing it required six or more residents for financial self - sufficiency and to provide a supportive atmosphere for successful recovery). NCR failed to provide evidence its preferred operating size is either therapeutically beneficial to its residents or necessary for the facility's financial viability. NCR failed to meet its burden on either count. If, as NCR's supplemental brief claims at page 4, that it is not seeking accommodation based on financial need, then it remains NCR's burden to prove that its desired accommodations are therapeutically necessary. In other words, NCR must show the requested number of beds provide a greater therapeutic benefit to its residents than some lesser number would. NCR made no such showing at the hearing, and there is no evidence to support its contention in the record. E. Housing Element NCR's supplemental brief mischaracterizes the correspondence between the Department of Housing and Community Development ( "HCD ") and the City's Planning Department. The letter attached to NCR's supplemental brief states, "HCD found that the City's group home ordinance constituted a `constraint on persons with disabilities. "' This is not the case. The letter did not "find" anything, but rather asked the City for: "[A] detailed description of the City's recently adopted policies regarding group home development and analyze this policy for requirements that may constrain housing for persons with disabilities." NCR UP /RA 01057 RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PROFESS ZONAL CORPORATION Mr. Tom Allen August 7, 2009 Page 10 Letter from Cathy'Cresswell to David Lepo (October 24, 2008). Similarly, the request for information about "transitional housing" was merely a request for information, not a finding of non - compliance. It should also be made clear that the two comments NCR plucked from the seven -page, single spaced document were not prompted by the passage of Ordinance 2008 -5, but were part of a much larger, annually required review of the City's Housing Element. See Declaration of Sharon Wood at 19 (attached to the City's supplemental brief). As always, if you have any questions or require clarification on any of the points contained herein, please let me know. i c"y' k o 0 1 (287- 001111559300.doc NCR UP /RA 01058 RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PROFESS IONAE CORPORATION Mr. Tom Allen August 7, 2009 Page I 1 bee: Dave Kiff Catherine Wolcott Peter Pierce NCR UPIRA 01059 City's Notice of Clarification Regarding the City's Supplemental Letter -Brief Dated August 7, 2009 (August 11, 2009) NCR UP /RA 01060 IN& RICHARDS I WATSON I GERSHON 15M ATTORNEYS AT LAW —A PROFESSIONAL CORPORATION 355 South Grand Avenue, 40th Floor, Los Angeles, California 90071-3102 Telephone 213.626.8484 Facsimile 213.626.0078 Patrick �mg1 ...M August 11, 2009 pbob 1-w lew.com VIA FACSIMILE Mr. Tom Allen Hearing Officer City of Newport Beach Re: Notice of Clarification Dear Mr. Allen: I write this letter to clarify a statement made in the supplemental letter brief the City submitted to you on August 7, 2009. The last page of that letter contains the following sentence: "It should also be made clear that the two comments NCR plucked from the seven -page, single spaced document were not prompted by the passage of Ordinance 2008 -5, but were part of a -much lar g er,- annuall y required-review of the -Ci ty's Klausing - _ _ Element. See Declaration of Sharon Wood at 19 (attached to the City's supplemental brief)." Letter from Patrick K. Bobko to Tom Allen (August 7, 2009) (emphasis added). The italicized portion of this statement could be misleading. Although the Government Code says the City "shall review its housing element as frequently as appropriate" for certain of its elements, the Code requires the City conduct a formal review of its Housing Element not less than every five to eight years. See Gov't C. §65588 (a) & (b). The correspondence between HCD and the City referenced above is related to the City's 2008 -14 Housing Element.' ' The applicable Government Code provisions underwent a substantial revision in 2008. Prior to that, the generally applicable rule was that each city must review its Housing Element at least every 5- years. NCR UP /RA 01061 RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION MT. Tom Alien August 11, 2009 Page 2 As always, if you have any questions or require finther clarification on any of the other points contained in the City's supplemental brief, please let me know. Sincerely, ) . /, Patrick K. Bobko 11287- 0012\1158743vl.doc cc: Steve Polin Catherine Wolcott NCR UPIRA 01062 Order of Hearing Officer to Prepare Resolution of Denial of Request for Reasonable Accommodation (August 18, 2009) NCR UP /RA 01063 1 2 3 4 5 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THOMAS W. ALLEN Attorney at Law 3419 Via Lido #210 Newport Beach Ca 92663 i Hearing Officer CITY OF NEWPORT BEACH GROUP HOME HEARINGS IN THE MATTER OF THE REQUEST OF NEWPORT COAST RECOVERY LP FOR A REASONABLE ACCOMODATION TO OPERATE A RESIDENTIAL CARE FACILITY REASONABLE ACCOMMODATION NO RA 2009 -009 ORDER OF HEARING OFFICER TO PREPARE RESOLUTION OF DENIAL OF REQUEST FOR REASONABLE ACCOMMODATION 1 On July 7, 2009, a duly noticed public hearing was held before Thomas W. Allen, Hearing Officer appointed by the City, to consider the Application for Reasonable Accommodation of Newport Coast Recovery, a Limited Partnership (Applicant), to allow it to operate a licensed adult alcohol and /or drug abuse recovery and treatment facility at 1216 West Balboa Boulevard; Newport Beach CA in the R -2 District, where such uses are not permitted without a Use Permit. Testimony was presented by the Applicant, Cit Staff and several members of the public in attendance. Counsel for the parties als presented argument. At the conclusion of the hearing, the Hearing Officer indicated he was inclined to deny the request but was willing to establish a relatively short period of time for each 1- Decision of Hearing Officer NCR UP /RA 01064 1 Q 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 side to present additional information relevant to the Application. Accordingly, pursuan to the proposal of Applicant's counsel, Mr. Brancart, the parties agreed to provide further briefing to the Hearing Officer within two weeks after the July 7, 2009 hearing, that is, by July 21, 2009. The City of Newport Beach submitted additional written information to the Hearing Officer within the two -week period; however, Newport Coast Recovery did not file its letter brief until July 29, 2009. In response to the City's objection to the late filing, the Hearing Officer accepted the Applicant's late filing but allowed the City an additional period of 5 days to file a response. The Hearing Officer considered these filings in rendering this Order and concludes further conferences or hearings are not necessary. This Decision is made based upon the Application for Reasonable Accommodation, the Staff Report and Attachments dated July 7, 2009, the testimony and argument presented at the hearings, and the letter briefs and filings made subsequent to the hearing. THE APPLICATION The Applicant made its request for reasonable accommodation under the Fair Housing Act, as amended, and the Newport Beach Municipal Code by using a multi- faceted approach. Subsequent to the Applicant's initial filing, City Staff urged the Applicant to present its request in a more defined manner for purposes of analysis but the Applicant declined. Thus, Staff independently determined, correctly, to analyze the request in two separate parts, each within the framework established in Chapter 20 of the Newport Beach Municipal Code (NBMC) by Ordinance No. 2008 -05. 2- Decision of Hearing Officer NCR UP /RA 01065 I 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I 25 1 The Applicant's first approach was to request a Use Permit, which the Hearing Officer had previously denied in separate proceedings, this time as a reasonable accommodation for persons with disabilities. The Applicant's second approach to its reasonable accommodation request was to seek an exemption from the restrictions of NBMC §20.10.020, which requires that Residential Care facilities, such as the Applicant's, be located only in Multi- Family Residential zones with a Use Permit. The Application also requests a waiver of certain operational standards required to receive a Use Permit under 20.91A.050, as well as a waiver of requirements it erroneously alleged were requirements under NBMC Sections 20.91 A. City Staff has correctly pointed out that under either approach, even if the requests and exemptions were granted, the facility could not remain in operation unless a Use Permit was either granted to the Applicant or waived altogether. REQUIRED FINDINGS The Hearing Officer determines that the following findings, required §20.98.025 B. of the NBMC, for reasonable accommodation requests cannot be m with respect to the continuation of the operation beyond the time when the intended of the current residents is complete: 1) Required Finding: The requested accommodation is necessary to provide or more individuals with a disability an equal opportunity to use and enjoy a dwelling. A primary element of the necessity analysis is to determine whether there alternative housing opportunities available for a disabled person to receive the desi therapeutic benefits. 3- Decision of Hearing Officer NCR UP /RA 01066 1 City Staff testified that there are many State ADP licensed beds available ii 2 duplex and apartment buildings along the Balboa Peninsula and one resident of thi 3 area testified at the hearing that the same type of treatment facility is located "righ 4 across the street" from Newport Coast Recovery. Specific operations were identified. 5 Applicant's counsel contended in the hearing that: "Newport Coast Recovery is 6 the only facility -- it is the only facility which is an ail -male residential primary treatment 7 facility' and that it is a "unique service" in the community. When challenged to explain 8 how the facility's service was different than in other facilities, counsel requested the 9 record be left open to give the Applicant the opportunity to document its unique 10 services. The record was left open but this information was not provided, leading the 11 Hearing Officer to conclude that Newport Coast Recovery does not provide a unique or 12 specialized therapeutic value to the disabled in the community, not generally available 13 in other similar facilities in the Balboa Peninsula area, 14 For these reasons, together with the additional Staff Report analysis, the finding 15 of necessity cannot be made. 16 2) Required Finding: The requested accommodation will not result in a 17 fundamental alteration in the nature of the City's zoning program, as fundamental 18 alteration "is defined in Fair Housing Laws and interpretive case law. 19 NBMC Section 20.91A.010 sets forth the purposes for requiring Use Permits in 20 residential districts. The City seeks to avoid the overconcentration of residential car 21 facilities so that such facilities are reasonably dispersed throughout the community an 22 are not congregated or over - concentrated in any particular area so as to institutionaliz 23 that area. A primary therapeutic benefit for those in recovery is integration int 24 residential settings in the community. Such dispersal of facilities to avoi 25 4- Decision of Hearing Officer NCR UP /RA 01067 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 11 institutionalization of residential areas is therefore a fundamental part of the Use process in the R -2 zone. In adopting Ordinance No. 2008 -05, the City Council developed f standards for analysis and evaluation of the issue of overconcentration. These flexible standards are recommended by the American Planning Association to applied on a case by case basis to maintain the family setting and av institutionalization in the residential neighborhoods while affording the disabled an eq opportunity to reside there. In a January 12, 2009 Use Permit hearing, the Hear Officer determined that allowing more than one such facility within a calculable med block length in a nonstandard subdivision area would create an overconcentration such uses in the neighborhood, to the detriment of the individuals in recovery at I facility. The same analysis applies in the reasonable accommodation context and equally applicable as a basis for denial. Accordingly, the Resolution should contain I finding that the Applicant's requested reasonable accommodation would result in overconcentration of recovery facilities in the area. An accommodation request unreasonable if it fundamentally alters the character of the neighborhood and undermines the purpose of the City's zoning scheme. This accommodation % fundamentally alter the City's purpose of avoiding clustering and preserving residential character of the mid - Balboa Peninsula neighborhood. 3) Required Finding: The requested accommodation will not impose an financial or administrative burden on the City as 'undue financial or adminisi burden" is defined in Fair Housing Laws and interpretive case law. The finding cannot be made that the Applicant's request, if granted, will impose an undue administrative burden on the City. Numerous residents in the vic of this use testified at the hearings regarding conduct of the Newport Coast Reco, 5- Decision of Hearing Officer NCR UP /RA 01068 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 operation that has in the past and may in the future necessitate administrative and enforcement staff time. In particular, City representatives testified that administ staff and the Police Department were required to devote substantial time ass I I complainants about the operation and, in one case, locate a minor entrusted to Coast Recovery's care. On April 1, 2009, California Department of Social Services Officer Mi Valentine investigated allegations of minors being admitted to treatment at the fi and confirmed that Newport Coast Recovery had provided unlicensed care supervision of minors at its 1216 West Balboa Boulevard facility. Officer Vale issued a Notice of Operation in Violation of Law to Newport Coast Recovery for hoi minors without a required license. Such a determination constitutes a basis for a fii that the Applicant does not operate its facility in accordance with applicable law also establishes an undue administrative burden on the City. ORDER The reasonable accommodation application of Newport Coast Recovery is hereby DENIED. The City of Newport Beach is requested to prepare a Resolution of Denial for review and adoption by the Hearing Officer. The Resolution shall implement this Order and provide findings and analysis consistent with the Staff Report and the testimony presented at the hearings conducted by the City involving the applications and requests made by Newport Coast Recovery LP. The Resolution shall include a condition permitting current residents residing in the Newport Coast Recovery facility under a contract to receive treatment services to remain until they choose to leave, or until their original intended stay is complete,. 6- Decision of Hearing Officer NCR UP /RA 01069 I I, 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 whichever occurs first. This determination is made based upon the finding that the request is reasonable and necessary as to current residents. The Resolution shall also contain a brief description of the efforts of the C Council of the City of Newport Beach in adopting Ordinance No. 2008 -05 and conflr that this legislative effort, in itself, constitutes an unmistakable recognition by the City' its obligation to address and accommodate the rights of an individual with a disability an equal opportunity to occupy and enjoy a dwelling in a residential setting in the City. This purpose of this Decision is to direct the City to prepare a Resolution to It adopted by the Hearing Officer which shall constitute the Final Decision in this matter. August 18, 2009 /s/ Thomas W. Allen, Hearing Officer 7-Decision of Hearing Officer NCR UP /RA 01070 1 Resolution No. HO- 2009 -022 Denying Use Permit No. 2008 -033 (September 17, 2009) NCR UP /RA 01071 WHEREAS, Ordinance No. 2008-05 was adopted by the Newport Beach City Council on January 22, 2008, following noticed public hearings, and WHEREAS, Ordinance No. 2008 -05 added Chapter 20.91A to the NOMIC. 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, Newport Coast Recovery, LP, located at 1216 West Balboa Boulevard ( "Use Location ") in Newport Beach, California is today a residential care facility located in an apartment complex with seven dwelling units that is a state- licensed alcohol or drug residential treatment home for up 29 persons (ADP License No. 300158AP); and WHEREAS, Newport Coast Recovery, LP ( "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, 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 NBMC §20.91A.080 can be met; and WHEREAS, both hearings were presided over by Thomas W. Allen, Hearing Officer for the City of Newport Beach; who determined not ail,findings could be made and adopted Resolution HO- 2009 -001 on February 4, 2009, denying with prejudices Use Permit Nu. 2008 -033; and NCR UP /RA 01072 City of Newport Beach 'Hearing Officer Resolution Newport Coast Recovery, P • Balboa Boulevard Use Permit No 2008-133 Y me sk'(W41gumul tic 0 # •a 000 a e a - Z 11MIRMINJIMI b # a{ a # WHEREAS, the City Council determined the new evidence was relevant to the substance of the application for a group residential use permit, and remanded the matter to the Hearing Officer for consideration of the newly acquired evidence only; and WHEREAS, a noticed public hearing presided over by Hearing Officer Thomas W. Allen was held on Tuesday, July 7, 2009, at the Newport Beach City Council Chambers where testimony was taken, including testimony from city staff, the ;applicant, and the public; and WHEREAS, after considering the newly acquired evidence the Hearing Officer determined that Finding 3 of NBMC §20.91.035.A cannot be made with respect to compliance with the provisions of the Code, and Finding A of NBMC §20.91A.060 cannot be trade with respect to the development and operational standards specified in NBMC §20,91A.050, and directed staff to prepare a supplemental resolution of denial which shall supersede Resolution No. HO- 2009 -001; and WHEREAS, the Use Location is within the Nonstandard Subdivision Area as defined by Ordinance No. 2008 -05; and WHEREAS, proximate to the Use Location are the following uses referred to in NBMC §20.91A.060 (C7): 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 5"' grade located at 1327 West Balboa Boulevard, 3. Within 750 feet: Christ Church's large (44 children capadty) state - licensed day care center located at 1400 West Balboa Boulevard NCR UP /RA 01073 City of Newport Beach Hearing Officer Resolution Newport Coast • 6 West Balboa Boulevard Use Permit No 2008-133 (PA2,008-104) 4. Within 1250 feet: Outlets for 'i { beverages American Legion Hall • { and located Section 6{ r and C and Findings W NBMC 1 60 can be made for the following reasons-, NBMC §20.91A.060 Includes mitigated Parking for the use, and traffic' and transportation impacts haVe been to a level of 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 with the exception of weekend family counseling sessions as discussed below if a use permit were approved with conditions limiting the occupancy to 14 beds. 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 the facility on weekends impacts the availability of on- street parking for use by residents of the neighborhood: The Hearing Officer has determined this finding could be made if a use permit were approved with conditions of approval included that would limit the occupancy to 14 beds and require 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 to the maximum of three 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 on -site when on- street parking is utilized to Sundays between 9:00 a.m. and 12:00 noon. In the event family counseling occurs during other times of day, the applicant is required to provide on -site parking in a manner that that does not result in placement of resident cars on the street, or provide family members alternative transportation modes to and from the facility. NBMc §2091A.060 Finding C: The property and existing structures are physically suited to accommodate the use. NCR UP /RA 01074 City of Newport Beach Hearing Officer Resolution Newport Coast Recovery, LP -1216 West Balboa Boulevard Use Permit No. 008 #a rBi -10 8.N A. • A i AA -.. � _ . The Hearing Officer acknowledges that the City of Newport Beach Fire Department is the responsible department 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 unloading occurs at the West Balboa Boulevard frontage that is less congested than the narrower alley access at the rear of the building. The Hearing Officer has determined that this finding could be made if a use permit were approved With a condition of approval included that would restrict the 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. The Hearing Officer finds that these days and hours for deliveries are NCR UP /RA 01075 a a• • • - e e Newport Coast Recovery, LP -1236 Use Permit No. a .• - • e: • 1, *1 W tzi . e. Is I ml I I IR I #J 191 •.. NSMC §20,91A,,060 collecti &I Ii laws W neighboring properties, e e 6. t^ Y t • t �� • A • •f 9 p ee' Section 2. That Findings Nos. 1 - 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. The Hearing Officer finds that the proposed protect 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 NBMiC. The Hearing Officer finds that 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. 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 Hearing Officer finds that the intensity of the use, if limited to 14 residents housed in nine bedrooms within the seven dwelling units with two persons maximum per bedroom, would be consistent with atypical 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 Hearing Officer finds that the subject property's proximity to another residential care facility at 1132 West Balboa Boulevard, to a large state_ NCR UP /RA 01076 City of Newport Beach Hearing Officer Resolution Newport Coast Recovery; LP -1216 West Balboa Boulevard Use Permit No. 2008 -133 (PA2008 -104) Page 6 of 13 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 f° neighborhood discussed in detail • Finding The Hearing Officer has determined that 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 §20.91.036 (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 6.23 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. If a use permit were approved to allow the continued operations of the facility, conditions of approval would be imposed regulating the use and operational characteristics related to limits on the number of resident clients, curfew hours, smoking, transportation of clients off- site, trash collection, delivery of goods, and types of services provided. However, the Hearing Officer finds that 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 of 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 permeate adjacent residences. From this testimony, it does not appear to the Hearing Officer 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. NCR UP /RA 01077 City of Newport Beach Hearing Officer Resolution Newport Coast Recovery, LP -1216 West Balboa Boulevard Use Permit No. 2008 -133 (PA2008 -104) v Page 7 of 13 The } • !! ! ! /i • !• �! 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 Hearing Officer finds that the facility would not comply with the operational standards specified in NSMC §20;91A.050, as outlined in Finding A of NBMC §20.91A060 and as described in Section 3 below. 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. The Hearing Officer finds that this proposed project is only partially consistent with the purposes speed in Chapter 20.91A and does not conform to ail 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 "Hearing Officer finds that 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 NCR UP /RA 01078 City of ai Hearing Officer Resolution Newport 8. Recovery, e West Balboa Boulevard Use r. • /.Ir •y (/i 04 Of would result in an Overconcentration of residential care facilities within, the neighborhood. s..4" � I.i � I -a • r °8 b "! t I Pi •` • is !e. - + r Irl • - . 41,21 b• • a . s. a 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 care facilities within the neighborhood. The Hearing Officer has determined that 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 3 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 NBMC §20MA; and therefore, this finding cannot be made. §1012n 3. That Findings A and D of NBMC §20,91A.060 cannot be made for the following reasons: NBMC §20.91A.060 Finding A: The use conforms to all applicable provisions of NBMC §20.91A.060. These development and operational standards are summarized as follows: 1. No secondhand smoke can be detectable outside the property. NCR UP /RA 01079 City of Newport Beach Rearing officer Resolution Newport Coast Recovery, LP -1216 West Balboa Boulevard Use Permit No, 2008 -133 (PA2008 -104) Page 9 of 13 •!• b • i- 8 b l i e !' by i b b. i^ ♦ a. i ^• i e b ! � b •!" ! 1. t • !_ 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. Each plan shall provide 'a contact name and number to the City. The Hearing Officer finds that the operations of this facility are not in compliance with state law because on two occasions the operator has admitted persons under the age of 18 years to the facility for treatment These were violations of state law because Newport Coast Recovery does not hold a license from the California Department of Social Services to house minors. This also violates the facility's state ADP license terms because the operator did not hold an "adolescent waiver" that allows treatment of minors at the Newport Coast Recovery facility. This determination is based upon the evidence provided in the Newport Beach Policy Department Employees Report dated March 31, 2009; the testimony of Mrs. Christina Willis on July 7, 2009; and the Notice of Operation in Violation of Law with attached material dated April 1, 2009 from the State of California Department of Social Services (DSS) issued to the applicant. 3. In order to ensure that unlicensed residential care facilities operate in a manner consistent with state and federal law and established industry standards and to ensure that operators do not have a pattern or practice of operating similar facilities in violation of state or local 'law, no services requiring a license can be provided if the facility does not have a license for those services. The residential care facility is licensed by the State of California Department of Drug and Alcohol Programs (ADP), and the operation plan for the facility provides that only those services permitted by the facility's ADP license are performed' within the facility. 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 the State of California. Although neighbors of the facility submitted evidence that the same operator managed an unlicensed adult recovery maintenance NCR UP /RA 01080 City of Newport Beach Hearing Officer Resolution New, ort Coast Recover I #- 10 of S. If certification from an entity other than ADP's licensing program is available, applicants must get that certification. If a use permit had been approved for the facility to continue operations; a condition of approval would have been included 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. S. 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, 7. 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. While residents submitted evidence that the same operator managed an unlicensed adult recovery maintenance facility at 1219 West Balboa Boulevard 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. The facility s State of California ADP license is valid until January 31, 2010. Based on the newly acquired evidence, as described above in item 2, the Hearing Officer finds that the Newport Coast Recovery facility did not operate in compliance with the terms of the state ADP license issued to the applicant because the operator admitted minors to the facility for treatment without the NCR UP /RA 01081 City of f # Beach Hearing Officer Resolution Newr,�ort Coast Recoven."F!, :'12113 Use Permit No. 2008-133 (PA 2008-104) Paqe 11 of required adolescent waiver, and without a license from the Department of Social Services. NBMG 0960 Finding Dvi The use will be compatible With the character of • f , neighborhood, and the a4diliion or .n q• 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, appropriate, ♦ ,. 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 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 subsection 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 foot 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 black 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. NCR UP /RA 01082 City of Newport Headng,Officer Resolution Newport •. • - • - f•. :a Permit Use • 2008-133 1 aaA i4 Page of f ,.t. { • `• �? •. The subject property is proximate (within 1250 feet) to two outlets for alcoholic beverages (American Legion Hall at 215 151h 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 could affect the ability of the use to fully operate as an alcohol rehabilitation facility. The subject property 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 blocks. Noise associated' with the operation of the use, including music and shouting, is audible to adjacent properties. The Hearing Officer has determined 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 NBCM §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 has the authority to establish a block length for the mid - Balboa Peninsula area where this use is located, and has established the calculable median block length of 617 feet for the mid - Balboa Peninsula area. The term "block" means an area bounded by streets, per Ordinance No. 2008 -05 (NBMC §20.03.030 "Definitions "). In this case; the Hearing Officer finds that Balboa Boulevard is a major street that is a sufficient dividing line between blocks on each side of Balboa Boulevard. However, the Hearing Officer can and has extended beyond smaller streets like 12m and i 1th Streets in an effort to "eliminate the differences in block lengths" per NBMC §20.91A.060 (D:3) to achieve a 617 foot standard. The Hearing Officer has determined that 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 NCR UP /RA 01083 City of s# 'e- s • Resolution Newport Coast # b West Balboa : # # Use �ermit :# iii ". LI+ i. zi the residential neighborhood, Within the 617-foot block where this use is located there is already one I I bed residential care facility (Balboa Horizons). SMtion S. The Hearing Officer hereby denies with prejudice Use Permit No, 2008-033. This supplemental resolution shall supersede Resolution No. HO-2009-001 Section . The action shall become final and effective fourteen (14) days after the adoption o Resolution Beach Clerk in accordance with the provisions of Title 20, Planning and Zoning, of the Newport City Clerk r�• By. Thomas W. Allen; Wearing Officer NCR UP /RA 01084 Resolution No. HO -2009 -023 Denying Reasonable Accommodation No. 2009 -009, Request No. One (September 17, 2009) NCR UP /RA 01085 > WHEREAS, Ordinance No. 2008-06 was adopted by the Newport Beach City Council on January 22, 2008, following noticed public hearings; and WHEREAS, Ordinance No: 2008 -05 added Chapter 20.98 to the NBMG. Chapter 20.98 sets forth a process to provide reasonable accommodations in the City's zoning and land use regulations; policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling; and WHEREAS, an application was filed by Newport Coast Recovery, LP, ( "applicant") with respect to property located at 1216 West Balboa Boulevard, and legally described as Lots 5 and 6, Block 112, Tract 234 in the City of Newport Beach, County of Orange, State of California (APN 047- 234 -14), as per map recorded in Book 013; Pages 36 -37 of Miscellaneous Maps, requesting approval of the following requests for one of two alternate reasonable accommodations: Request No. One - An exemption from the portions of NBMC Section 20 „10,020 (Residential Districts: Land Use Regulations) that require Residential Care Facilities, General to be established only in residential districts zoned Multifamily Residential (MFR) with a use permit, subject to the operational conditions recommended by City staff in the January 12, 2009 staff report for Use Permit No. 2008-33, including a maximum occupancy of 14 residents, which was denied by the Hearing Officer; or, in the alternative 2. Request No. Two - An exemption from the requirements specified in NBMC Section 20,91A_050 (Development and Operational Standards), including: A waiver of the occupancy restriction of two persons per bedroom plus one staff member, and to allow a total occupancy of 18 residents; An exemption from parking requirements specified in NBN1C Section 20,66.030 and to impose parking requirements that treat the residents and the visitors of the residents in the saute manner as any other resident or visitor to Newport Beach, particularly those requirements that pertain to weekend visitation; Treat the use of the licensed residential care facility as as legal nonconforming use; NCR UP /RA 01086 City of Newport Beach Hearing Officer Resolution (Newport Coast Recovery, LP - 1216 West Balboa Blvd.) (Reasonable Accommodation No. 2009-009 — Request No. One) Paue 2 of 13 WHEREAS, a public hearing was held on July 7, 2009 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach; California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented and considered at this meeting, both written and oral from the applicant, City staff and the public; and WHEREAS, the hearing was presided over by Thomas W. Allen, Hearing Officer for the City of Newport Beach; and WHEREAS, after considering the testimony presented by the applicant, City staff and the public during the July 7, 2009 public hearing, the Hearing Officer established a two -week period of time during which the applicant and City staff were granted additional time to present additional written information relevant to the application to the Hearing Officer in the form of a written letter brief by July 21, 2009; and WHEREAS, the City of Newport Beach submitted additional written information to the Hearing Officer within the two -week period; however; the applicant did not file a letter brief until July 29, 2009, which included a response to the City's July 21, 2009 letter brief therein; and WHEREAS, in response to the City's objection to the applicant's late filing, the Hearing Officer accepted the applicant's late filing but allowed the City an additional period of five days to file a response; and WHEREAS, the Hearing Officer considered the written letter briefs in addition to the oral testimony presented at the July 7, 2009 public hearing; and WHEREAS, pursuant to Section 20.98.025(B) of the NBMC, the written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on five findings, all of which are required for approval; and NCR UP /RA 01087 City of fM Hearing * Resolution y (Newport Coast ° • West Balboa Blvd.) (Reasonable Accommodation Nf 2009-b69 Request No. # respect WHEREAS, with f ' °e i # (Request • t + • • r is � • i. .. . a a.. a • , EA—cls in iif • fin-d . This finding can be made. The applicant submitted resident statement that every of f. ery from aloohol and/or drug addiction. Federal regulations and case law have defined recovery from alcoholism f drug addiction disability, because it is a physical or - ntal conditio substantially •. one or • re major daily ° 2. Finding: That the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. The Hearing Officer has determined that a primary element of the necessity analysis is to determine whether there are alternative housing opportunities available for a disabled individual to receive the desired therapeutic benefits of a residential care facility. The applicant has stated that individuals in recovery from alcohol or drug addiction need to maintain daily living skills closely related to those of individuals that are not addicted and that having a setting of family dwellings surrounding the facility will help maintain sober living and prevent relapse. The applicant asserted that Newport Coast Recovery is the only facility within the City that provides an all -male residential primary treatment facility, and therefore provides a unique service in the community that cannot be obtained elsewhere in the City. However, there are other all -mate residential treatment facilities on the Balboa Peninsula cited by the City that provide State ADP - licensed residential treatment in duplex and apartment buildings of a similar nature. During the public hearing the applicant did not present any additional information documenting the unique services provided by their facility, but the Hearing Officer invited the applicant to submit further information on the unique program and therapeutic benefit in its letter brief:. The applicant did not submit any information in its letter brief about whether it was ,licensed for primary treatment, or whether such primary treatment was either offered by the applicant, or offered by other facilities within the City. The Hearing Officer finds that the applicant does not provide a unique or specialized therapeutic value to disabled individuals in the community that is not generally available in other similar facilities in the Balboa Peninsula area. Therefore, as to NCR UP /RA 01088 City of Newport Beach Hearing Officer Resolution (Newport Coast Recovery, LP - 1216 Vilest Balboa Blvd.) (Reasonable Accommodation No. 2009 -009 — Request No. One) Page 4 of 13 However, as to current residents, the Hearing Officer recognizes that the facility currently houses residents who could be denied housing if abatement proceeds while they are still in residence at the facility. The Hearing Officer finds that an accommodation to allow only the current client residents residing in the Newport Coast Recovery facility under a contract to receive treatment services to remain unfit they choose to leave, or unfit their original intended stay is complete, whichever occurs first, is reasonable. Therefore, As to current residents, this finding can be made. As the Hearing Officer has again denied Newport Coast Recovery's use permit application on remand, if the requested accommodation is not granted; the facility will be subject to abatement. The facility currently houses residents who could be denied housing if abatement proceeds white they are still in residence at the facility. The Hearing Officer has determined that granting the requested accommodation is necessary to provide the current residents only with the opportunity to use and enjoy their current dwelling. As to orosoeotive residents this finding cannot be made, The applicant seeks to provide housing for 14 to 18 residents in a seven -unit apartment building. The Hearing Officer finds that prospective residents seeking to live in a large licensed recovery environment have alternative available housing opportunities offering similar therapeutic benefit in a similar location and residential setting. All of these facilities are surrounded by family dwellings similar to those that surround Newport Coast Recovery, and can provide a similar example of and support for sobriety and daily living skills. The Hearing Officer finds that granting the requested accommodation is not necessary to provide prospective residents with an equal opportunity to use and enjoy the dwelling of their choice within the community. NBMC Section 20.98.025(C) allows the City to consider the following factors in determining . whether the requested accommodation is necessary to provide the disabled individual an equal opportunity to use and enjoy a dwelling: A. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disabitity. Living with other individuals in recovery from addiction has been shown to prevent relapse in recovering clients, and if the requested accommodation were granted, the applicant's current and potential clients would be able to live in an apartment building in an R -2 District with other individuals in recovery. This situation could affirmatively enhance the quality of life of a person in recovery from addiction, unless overcrowding of the facility or institutionalization of the neighborhood interferes with the residents' re- integration into society. NCR UP /RA 01089 City of Newport Beach Hearing Officer Resolution (Newport Coast Recovery, LP -1216 West Balboa Blvd.) (Reasonable Accommodation No. 2009- 009 - Request No. One) Patte 5 of 13 � kit • ! _ t f. )• t... r° f _ _ •., f .,aa a f. • v - tt f i� e. a. s • t t ♦ t Housing the Fair t considered by the Hearing Officer making such determination. B. Whether the individual or individuals with a disability wilt be denied an equal Opportunity to enJoy the housing type of their choice absent the accommodation. As to current residents: The applicant requested an exception from the requirements of NBMC Section 20.10.020, to allow the continued operation of an existing licensed residential care facility located in an R -2 District, where the NBMC permits such uses only in an MFR District with approval of use permit. As a prohibited use, the facility is subject to abatement. The applicant seeks to continue to house 14 to 18 disabled individuals in seven units of an apartment building. The facility currently houses residents who could be denied housing if abatement proceeds while they are still in residence at the facility. The Hearing Officer finds that if the requested accommodation is denied and abatement proceeds before current residents have completed their original intended stay, such residents will be denied an equal opportunity to enjoy the housing type of their choice, As to prospective clients: The Nearing Officer finds that potential future residents seeking to recover from alcoholism and drug addiction by living, in a large licensed recovery facility would not be deprived of an equal opportunity to live in a substantially similar dwelling situation of the same type (see discussion in item D below), C. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants. The applicant did not provide information or evidence demonstrating that the size or type of facility requested is necessary for the facility's financial viability. Instead, the applicant stated in its application that it objected to the application requirement to provide an explanation of why the requested accommodation is NCR UP /RA 01090 City of Newport Beach Hearing Officer ! Y (Newport Coast Recovery, LP - 1216 West Balboa Blvd.) !' ! of 13 11111111111 !p1111111f,pill ^ !. ! .•.- 1. R _ ° D. in the case of a residential care facility, whether the existing supply of. facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to rive in a residential setting. The applicant stated in its application that it objected to the application requirement to provide an explanation of = whether the requested accommodation is necessary to provide individuals with a disability an equal opportunity to live in a residential setting by providing evidence regarding the existing supply of facilities of a similar nature and operation in the community. The Municipal Code authorizes the Hearing Officer to consider whether the existing supply of facilities "of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting." Based on ADP's most recently published list of licensed facilities (list current as of December 12, 2008) and use permits granted by the Hearing Officer, City staff prepared a revised estimate of the number of licensed beds for alcohol and drug recovery in Newport Beach. Including the applicant's ADP license for 29 beds, staff estimates that there are currently approximately 236 ADP- licensed treatment beds in the City, many of which are located in duplex and apartment units on the Balboa Peninsula and in West Newport. Without the applicant's 29 beds, there are still 207 licensed recovery beds In Newport Beach, take the applicant's facility, the majority of these facilities are located near the beach in residential districts zoned R -2. At the July 7, 2009 public hearing, Assistant City Manager [cave Kiff reported' he was informed by residential care facility operators in the City of Newport Beach that there is a high vacancy of residential care facility beds. Based on this information, and given there was no controverting evidence presented, the Hearing Officer finds there is a sufficient supply of facilities of a similar nature and operation in the community and that denial of the reasonable accommodation would not deprive prospective residents of the opportunity of live in a similar residential setting in Newport Beach, NCR UP /RA 01091 City of Newport Beach Hearing Officer Resolution (Newport Coast Recovery, LP =1216 West Balboa Blvd.) (Reasonable Accommodation No. 2009-009 - Request No. fine) Pace e 7 of 13 3. Finding: 0 requested accommodation not impose administrative or administrative burden on the City as "Undue financial or burden" is defined in Fair Housing Laws and interpretive case laW • o ^a t. s a ae a .a: ... r a;_. a.. 'f. ♦ t a_. f. vvnn reaaro to Prospective residents this hnding cannot be made, Numerous . residents in the vicinity of this use testified at hearings regarding the conduct of Newport Coast Recovery and its impacts on neighboring uses. This conduct has in the past and may in the future require administrative and code enforcement staff time to be expended to address complaints. In addition, on April 1, 2009, a California Department of Social Services (DSS) officer investigated allegations of minors being admitted to treatment at the facility and confirmed that Newport Coast Recovery had provided unlicensed care and supervision of minors at its 1216 West Balboa Boulevard facility. The DSS officer issued a Notice of Operation in Violation of Law to Newport Coast Recovery for providing unlicensed care and supervision to minors. This violation of law resulted in the involvement of staff in several City departments, who spent substantial time assisting complainants and assisting in the location of one of the minors whom Newport Coast Recovery had placed in another facility: The Hearing Officer finds that granting the requested accommodation to a facility that operates in this manner would create an undue administrative burden on the City. 4, Finding: That the requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in Fair Housing Laws and interpretive case law, As to current residents this findino can be made Most recovery ; facilities operating in the City of Newport Beach have reported an average length of resident stay of 30 to 90 days, which is temporary in nature. Because of potential hardship to current residents enrolled in Newport Coast Recovery's treatment program, the Hearing Officer finds that allowing current residents in treatment to remain at the facility for the remainder of their original intended stay will not result in a fundamental alteration in the nature of the City's zoning program. As to Prospective residents this finding cannot be made When an applicant requests an exemption from the requirements of NBMC Section 20.10.020, City staff analyzes whether granting the requested accommodation would undermine the basic purposes NCR UP /RA 01092 City of at Hearing Officer Resolution (Newport •s Recovery, ' • West Balboa e (Reasonable Accommodation No. 2009-009 — Reguest No� One) the R -2 zoning district was put in place to achieve, and the purposes of requiring a use permit in a residential district. Accordingly, staff provided analysis and the Hearing Officer considered the intent of the Municipal Code in relation to Newport Coast Recovery's requests. Ordinance No. 2008 -05 places regulations on all groups not living as either a single housekeeping unit or a designated "Residential Care Facilities, Small Licensed" in residential districts. The basic purpose of these regulations is to ensure: (1) the fundamental purposes of the Zoning Code can be achieved; (2) that the adverse secondary impacts created by group residential uses not living as a single housekeeping unit can be mitigated, and; (3) that the adverse secondary impacts that "Residential Care Facilities, General" and "Residential Care Facilities, Small Unlicensed" may have on the surrounding neighborhood can be mitigated. To accommodate the needs of the disabled for housing opportunities, Ordinance No. 2008 -05 provides that non - conforming residential care facilities located in residential districts may be allowed to continue operating subject to approval of either a use permit or a request for reasonable accommodation. Zoning District Considerations NBMC Section 20.14:010 sets forth the basic purposes for establishing zoning districts which include locating residential development in areas which are consistent with the General Plan and with standards of public health and safety established by the Municipal Code, ensuring adequate light, air and privacy for each dwelling, protecting residents from the harmful effect$ of excessive noise, population density, traffic congestion and other adverse environmental effects, and providing public services and facilities to accommodate planned population and densities. The specific purpose of Section; 20.10.010 of the NBMC for the R -2 District is that the district "provides areas for single - family and two - family residential land uses." Section 20.10.024 of the NBMC establishes those uses that are permitted; conditionally permitted, and prohibited within the R -2 District. in .accordance with Section 20.10;020 of the NBMC, uses designated as "Residential Care Facilities, General" are not a permitted use in the R -2 District and are only permitted in the MFR District subject to approval of use permit. In the January 12, 2009 staff report, staff provided 'facts in support of analysis that limiting Newport Coast Recovery's capacity to 14 beds would result in a level of population density that was equivalent to a typical multi- family building occupancy of two persons per unit; and would be more consistent with the residential character of the neighborhood. The Hearing Officer concurred with the analysis in general that 14 residents in a seven -unit apartment building would not undermine the basic purposes the R -2 zoning districts were put in place to achieve. NCR UP /RA 01093 City of Newport Beach Hearing Officer Resolution (Newport Coast Recovery, LP - 1216 West Balboa Blvd.) (Reasonable Accommodation No. 2009 -009 — Request No. One) Pane 9 of 13 Use Permit Considerations. The NBMC requires use permits for use classifications typically having operating characteristics that require special consideration, so that they may be located and operated compatibly with uses on adjoining properties and in the surrounding area. NBMC Section 20.91A.010 sets forth the purposes for requiring use permits in residential districts. The first staffed purpose is: ...to promote the public health, safety, and welfare and to implement the goals and policies of the Newport Beach General Plan by ensuring that conditional uses in residential neighborhoods do not change the character of such neighborhoods as primarily residential communities. The second stated purpose is: .. to protect and implement the recovery and residential integration of the disabled, including those receiving treatment and counseling in connection with dependency recovery. In doing so, the City seeks to avoid the overconcentration of residential care facilities so that such facilities are reasonably dispersed throughout the community and are not congregated or over - concentrated in any particular area so as to institutionalize that area. The Hearing Officer finds that a primary therapeutic benefit for those in recovery from alcohol and drug addiction is integration into residential settings in the community, and that dispersal of recovery facilities to avoid institutionalization of such residential is therefore a fundamental part of the use permit process in the R -2 District, In adopting Ordinance No. 2008 -05, the City Council developed flexible standards for analysis and evaluation of the issue of overconcentration. These more flexible standards are recommended by the American Planning Association to be applied on a ease by case basis to maintain the family setting and avoid institutionalization in residential neighborhoods while affording the disabled an equal opportunity to reside there. In the applicant's January 12; 2009 use permit hearing, the Hearing Officer determined that allowing more than one such facility within a 617 -foot calculable median block length in a nonstandard subdivision area would create an overconcentration of such uses in the neighborhood, to the detriment of the individuals in recovery at the facility. The Hearing Officer finds that the same analysis applies in the reasonable accommodation context and is equally applicable as a basis for denial. Because the Hearing Officer has already granted a use permit to another existing recovery facility within the 617 -foot calculable median block length in which the Newport Coast Recovery facility is located, the Hearing Officer finds that granting the requested accommodation would result in an overconcentration of recovery facilities in the area. Therefore, the nearing Officer finds that granting the accommodation would NCR UP /RA 01094 City of •• Beach Hearing • Resolution (Newport Cow Recovery, LP - 1216 West Balboa Blvd.) 'Reasonable Accommodation No. 2009-000 — Request No. one) The Hearing Office also finds that the use did not conform to all applicable provisions of Section 20.91A.050, (Development and Operational Standards), and in particular, Section 20.91A.050 (B), as discussed above. In March 2009, while As appeal of the Hearing Officer's denial of its use permit application was pending before the City Council, the applicant twice violated state law by accepting minor clients without a [ASS license or the ADP adolescent waiver required to provide residential treatment, care and supervision to minors. NBMC Section 20.91A.050(13) requires that all facilities within the City be operated in compliance with applicable State and local laws. In order to grant a use permit, the Hearing officer must make all findings required by NBMC Section 20.91A,060, and one of those required findings is that the facility operates in accordance with all operational standards of NBMC Section 20.91A.050. Because the facility has not operated in compliance with state law, the facility does not operate in accordance with all operational standards of NBMC Section 20,91A.050. The Hearing Officer finds that the results of the Department of Social Services officer's investigation constitute a basis for finding the applicant does not operate its facility in accordance with applicable law, as required by NBMC Section 20.91A.050(B), which requires that the facility be operated in compliance with state and local law. Ignoring these violations would undermine one of the basic purposes the use permit requirement was put in place to achieve: "to protect and implement the recovery and residential integration of the disabled, including those receiving treatment and counseling in connection with dependency recovery." Granting discretionary permits only to applicants that operate their facilities in compliance with state laws protecting their potential clients is necessary to protect and implement the recovery of the disabled. Pursuant to Section 20.98.025(D) of the NBMC, the City may also consider the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program: A. Whether the requested accommodation would fundamentally after the character of the neighborhood. At the applicant's January 12, 2009 use permit hearing, the Hearing Officer determined that more than one facility within a 617 -foot calculable median black could result in an overconc entration of residential care facilities, and noted that such overconcentration, along with the operator's inability to adequately control and supervise the facility's residents in a manner that allows the neighbors to have quiet enjoyment of their properties, would fundamentally -after the character of the neighborhood. NCR UP /RA 01095 City of !# s He e ! .# (Newport Coast Recovery, LP - West Balboa B lvd (Reasonable Accommodab Mii B. Whether the accommodation would result in a substantial increase in traffic or insufficient parking,. Staff analyzed whether Newport Coast Recovery had sufficient on -site parking for the use and whether traffic and transportation impacts had been mitigated to a level of insignificance in its January 12, 2009 staff report. The Nearing Officer determined this finding could be made if conditions of approval were included that would limit the occupancy to 14 beds and require the applicant to: (1) purchase one master parking permit from the City to use for ors- strut parking by each client who is permitted to drive his personal vehicle to and from the facility; and (2) restrict to the maximum of three 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 on -ske when on- street parking was utilized to Sundays between 9:00 a.m. and 12;00 noon. In the event family counseling occurs during other times of day, the applicant would have been required to provide on -site parking in a manner that that did not result in placement of resident cars on the street, or provide family members alternative transportation modes to and from the facility. C. Whether granting the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable Specific Plan. General Plan Policy LU 6.2.7 requires the City to regulate day care and residential care facilities to the maximum extent allowed by federal and state law to minimize impacts on residential neighborhoods. The City adopted Ordinance No. 2008 -05 to implement General Plan Policy LU 6.2.7. Under the conditions described in the Finding 4 analysis above, the Hearing Officer believes granting the requested accommodation would substantially undermine an express purpose of the General Plan. D. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. As noted above, the Hearing Officer determined that granting use permits or reasonable accommodations that resulted in more than one such use within a 617 -foot calculable median block length would create an institutionalized environment. As a use permit has already been granted to another existing facility located within 300 feet of Newport Coast Recovery and within the same median block length of the applicant's facility, the Blearing Officer determined NCR UP /RA 01096 City of t! Beach Hearing Officer Resolution (Newport Coast Recovery, LP - 1216 West Balboa Blvd,) (Reasonable ! teei • 00 O9 R'• environment in the surrounding neiqhborhQod� Finding: accommodation r P o specific of the case, result in a direct threat to the health or of other individuals or substantial Physical damage to the property of others. e•! t 9 f " '• 9 e.• t. !•. a t^ 4 'b •! a 1 !t u �♦ • a! • B t t t. i. .t^ ! ♦ •a^ 1. •e � �. °+� a • `f •. ° e • k` a g. f ! °- • 9 -• -o eYea_ e - t e posed by disabled t- WHEREAS, to approve a request for Reasonable Accommodation all five required findings contained Section 20.98.025(B) of the NBMC must be made; and WHEREAS, specifically, Findings Nos. 2, 3 and 4 of Section 20.98.025(B) of the NBMC cannot be made; and WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301 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 (Section150$1(b)(3) of the CEQA Guidelines). it can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment and it is not subject to CEQA; and Section 1. The Hearing Officer of the City of Newport Beach hereby denies with prejudice Request No. One of Reasonable Accommodation No. 2009 -009, with respect to prospective residents. Section 2. The Hearing Officer finds that it is reasonable and necessary to grant the request as to the current client residents only residing in the Newport Coast Recovery facility under a contract to receive treatment services. It is condition of the denial of Request No. One of Reasonable Accommodation No. 2009 -009 that during abatement proceedings current client residents only be allowed to remain at the facility until they choose to leave, or until their original intended stay is complete pursuant to the terms of their contract, whichever occurs first; NCR UP /RA 01097 City of Newport Beach Hearing Officer Resolution (Newport Coast Recovery, LP - 1216 West Balboa Blvd.) (Reasonable Accommodation N• 2009-009 Re iuesl 61 # - ATTEST: v City Clerk U By: Thomas W_ Allen, Hearing Officer NCR UP /RA 01098 Resolution No. HO- 2009 -024 Denying Reasonable Accommodation No. 2009 -009, Request No. Two (September 17, 2009) NCR UP /RA 01099 9# • 94 4 - 01 WHEREAS, Ordinance No. 2008-05 was adopted by the Newport Beach City Council on January 22,2008, following noticed public hearingsand WHEREAS, the adoption of Ordinance No. 200"5 amended the City of Newport Beach's Municipal Code (NBMC) relatin 10 Croup ResiO ritial Uses; and WHEREAS, Ordinance No, 2008-05 added Chapter 20.98 to the NBMC. Chapter 20.98 sets forth a process to provide reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy "a dweffing; and WHEREAS, an application was Ned by Newport Coast Recovery, LP, {"applicant') with respect to property located at 1216 West Balboa Boulevard, and legally described as Lots 5 and 6, Block 112, Tract 234 in the City of Newport Beach, County of Orange, State of Califomia (APN 047-234-14), as per map recorded in Book 013, Pages 36-37 of Miscellaneous Maps, requesting approval of the following requests for one of two alternate reasonable accommodations: 1. Request No. One - An exemption from the portions of NBMC Section 20.10.020 (Residential Districts: Land Use Regulations} that require Residential Care Facilities, General to be established only in residential districts zoned Multifamily Residential (MFR) with a use pemK subject to the operational conditions recommended by City staff in the January 12, 2009 staff report for Use Permit No, 2008-33, including a maximum occupancy of 14 residents, which was denied by the Hearing Officer; o.r, in the aftern five, 2, Regyg§it No. Twg - An exemption from the requirements specified in NBMC Section 20,91A.050 (Development and Operational Standards), including: • A waiver of the occupancy restriction of two persons per bedroom plus one staff member, and to allow a total occupancy of 18 residents; • An exemption from parking requirements specified in NBMC Section 20.66.030 and to impose parking requirements that treat the residents and the visitors of the residents in the same manner as any other resident or visitor to Newport Beach, particularly those requirements that pertain to weekend visitation; • Treat the use of the licensed residential care facility as a legal nonconforming: use; NCR UP/RA 01100 City of Newport Beach Hearing Officer Resolution (Newport Coast Recovery, LP - 1216 West Balboa Boulevard)' (Reasonable Accommodation No. 2009 -009 — ' Request 'No. Two) Page 2 of 19 WHEREAS, a public hearing was held on July 7, 2009 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Coale. Evidence, both written and oral, was presented and considered at this meeting, both written and oral from the applicant, City staff and the public: and WHEREAS, the hearing was presided over by Thomas W. Allen, Hearing Officer for the City of Newport Beach; and WHEREAS, after considering the testimony presented by the applicant, City staff and the public during the July 7, 2009 public hearing, the Hearing Officer established a two -week period of time during which the applicant and City staff were granted additional time to present additional information relevant to the applicant to the Hearing Officer in the form of a written letter brief by July 21, 2009; and WHEREAS, the City of Newport Beach submitted additional written information to the Hearing Officer within the two -week period; however, the applicant did not fife a letter brief until July 29, 2009 which included a response to the City's July 21, 2009 letter brief therein; and WHEREAS, in response to the City's objection to the late filing, the Hearing Officer accepted the applicant's late filing but allow the City an additional period of five days to file a response; and WHEREAS, the Hearing Officer considered the written letter briefs in addition to the oral testimony presented at the July 7, 2009 public hearing; and WHEREAS, pursuant to Section 20.98.025(8) of the NBMC, the written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the five findings, all of which are required for approval; and NCR UP /RA 01101 City of a• Hearing Officer Resolution (Newport Coast Recovery, • • West Balboa Boulevard) (Reasonable Accommodation No, 2009-009 — Request No. Two) •' 3 of a IWO 20.98.025(B), based on the following 1, Finding: That the requested accommodation is requested by or on the behalf of one it more individuals disability protected Ra ;.r Housing 2. Finding; That the requested accommodation Is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. Occupancy Restriction Waiver This finding cannot be made NBMC Section 20.91A.050(C.2) sets a development and operational standard that requires no more than two residents per bedroom plus one additional resident. The Newport Coast Recovery facility is housed in a seven -unit apartment building. Even if subtracting the bedrooms used for office rather than residential functions, the Newport Coast Recovery facility still provides nine bedrooms, . under the standards of Nt3MC 20.91A.050(C.2), this would set the maximum number of residents that a use permit could allow without additional accommodation at 19. Newport Coast Recovery requests a maximum of 18 residents. Therefore, the Hearing Officer has determined this requested accommodation is not necessary to provide an equal opportunity for disabled residents to reside at Newport Coast Recovery. Accommodation of 18 Residents it is the applicant's burden to demonstrate that the requested accommodation is necessary. "The `necessary' element requires the demonstration of a direct linkage between the proposed accommodation and the `equal opportunity' to be provided to the handicapped person." Lapid- Lautel, LLC v. Zoning Bd. of Adjustment of the Township of Scotch Plains, 284 F:3d 442, 460 (3r° Cir. 2002) Similarly, when an applicant requests a higher number of disabled residents than a city code has authorized, the Ninth Circuit has required the applicant to first show that that the accommodation is necessary for financial viability or therapeutic benefit to residents to demonstrate necessity for accommodation. City of Edmonds v. Washington State Building Council, 18 F.3d 802, 803 (e Cir. 1994) Staff originally recommended, and the Hearing Officer considered, are occupancy limit of 14 residents. In Request No. Two, the applicant requested on accommodation of 18 residents. In order to demonstrate necessity for an increased number of residents, NCR UP /RA 01102 City of Newport Beach Hearing Officer Resolution (Newport Coast Recovery, LP - 1216 West Balboa Boulevard) (Reasonable Accommodation No. 2009.009 — Request No. Two) Page 4 of 19 the applicant needed to provide evidence showing thatl 1) the accommodation is necessary for the facility's financial viability (which courts appear to equate with giving the disabled equal opportunity to use and enjoy a dwelling), ; requested accommodation is necessary to provide a therapeutic benefit (and thus directly ameliorate an effect of the handicap.) The applicant did not provide evidence to support either argument. As to current residents this flndinc�ca_n be made, The applicant stated that individuals in recovery from aloohol or drug addiction need to maintain daily living skills closely related to those that are not addicted and that having a setting of family dwellings surrounding the facility will help maintain sober living and relapse prevention. The applicant stated that the reasonable accommodation is necessary because if Newport Coast Recovery is required to cease providing residential treatment services, current residents will lose the housing of their choice. As the Hearing Officer has denied Newport Coast Recovery's use permit application on remand; if the requested accommodation is not granted, the facility will be subject to abatement. The Hearing Officer finds that the facility currently houses residents who could be denied housing if abatement proceeds while they are still in residence at the facility; and therefore, has determined that granting Request No. One of Reasonable Accommodation No. 2009- 009 is necessary to provide current residents only an equal opportunity to use and enjoy a dwelling. Pursuant to the directive of the Hearing Officer, a condition of the denial of Request No. One of Reasonable Accommodation No. 2009 -009 is included in Resolution No. HO- 2009-023 stating, that current client residents of Newport Coast Recovery be allowed to remain at the facility until they choose to leave, or until their original intended stay is complete subject to the terms of their contract, whichever occurs first. As to orospective residents this finding can of be made. The applicant seeks to provide housing for 14 to 18 residents in a seven -unit; apartment building. The applicant has provided no information or evidence that suggests Newport Coast Recovery requires 18 residents in order to be financially viable. Further, no information was presented at the public hearing or in the letter brief by the applicant regarding the unique program and therapeutic benefit offered by Newport Coast Recovery for 18 residents. The Hearing Officer finds that prospective residents seeking to live in a licensed recovery facility with 14 to 18 residents in an apartment building have alternative available housing opportunities, offering similar therapeutic benefit in a similar location and residential setting on the Balboa Peninsula and in the immediate neighborhood of Newport Coast Recovery. All of these alternate facilities are surrounded by family dwellings similar to those that surround Newport Coast Recovery, and can provide a similar example of and support for sobriety and daily living skills. The Hearing Officer has determined that granting the requested accommodation is not necessary to provide prospective residents with an equal opportunity to use and enjoy the dwelling of their choice within the community. NCR UP /RA 01103 City of e +iearing Officer Resolution (Newport Coast . West Balboa Boulevard) e4 : a'. : -. a.. - 61a, i.^ • t,.. a <. #. - -e ». e: e. ' facility providing . resident a_r. The Hearing Officer finds that the applicant's request that no restrictions be imposed on visitor parking is not necessary to afford disabled individuals an equal opportunity to use and enjoy a dwelling. Restrictions on visitor parking were originally proposed by staff in conjunction with the applicant's use permit application. The applicant stated that family members of residents attend a two -hour group educational session to learn about alcoholism and drug addiction, and park their vehicles either in the on -site carports which are part of the off- street parking required for residential care facilities under the NBMC, or in metered and unmetered spaces on West Balboa Boulevard. As the proposed conditions were ad hoc conditions on a use permit that was not granted, it is doubtful whether this request is a legally distinct reasonable accommodation request. Moreover, the applicant made no showing that the conditions placed on visitor parking would prevent family members from attending educational sessions at the facility. In addition, the applicant made no argument or showing that a waiver of the proposed visitor parking conditions in any way hindered the applicant's ability to provide housing and related services to the disabled. Thus, the Hearing Officer finds the applicant`s request for an exemption from the parking standards related a use designated as a "Residential Care Facility, General" and a waiver of restrictions on visitor parking is not necessary to provide one or more individuals an equal opportunity to use and enjoy a dwelling. wassiricapon or rvewoort c Bast Recovery as a legal nonconforming use• This finding cannot be m die. The Hearing Officer finds that the City has already treated Newport Coast Recovery as a legal nonconforming use under NBMC Section 20.91A.020. Any use in a residential district that was rendered nonconforming by the adoption of Ordinance No. 2048 -05 could seek the issuance of a use permit during a certain period of time following the ordinance's effective date. As a use in a residential district rendered nonconforming by the passage of Ordinance No. 2008 -05, Newport Coast Recovery was eligible to, and did, apply for a use permit to continue operating at its current location, Newport Coast Recovery's use permit application was processed in a manner consistent with the processing of all other use permit applications submitted to continue existing nonconforming uses in residential areas. Therefore, the Hearing Officer finds the requested accommodation is not necessary to afford disabled individuals an equal opportunity to use and enjoy a dwelling: NCR UP /RA 01104 City of Newport Beach Heating Officer Resolution (Newport Coast Recovery, LP -1216 West Balboa Boulevard) (Reasonable Accommodation No. 2009 -009 - Request No. Two) Page 6 of 19 enjoy By this request, the applicant may have attempted to request a waiver from the application of any conditions imposed by Ordinance No. 2008,4& The Hearing Officer finds that this is not necessary to afford disabled residents an equal opportunity to use and dwelling, Disabled + + as riot need ♦ a.•: waiver to be able to use and enjoy a dwelling within the City, The appropriate conditions which a use permit or reasonable accommodation can impose are intended to in, itigate negative secondary impacts on surrounding residences, but do not prevent disabled individuals from residing in the facility or receiving the services their disability requires in order to remain at the facility and maintain their •a California r r Code nrovisi6vs _ _. = a a s - .. .. California Building Code requires that when the use of a structure changes from one occupancy type to another, the new occupancy can establish only if the structure can be made to conform to the current Building Code requirements for the new occupancy type. If subsequent code changes create different requirements for that occupancy type, the occupant may choose to make changes to comply with those code requirements, but is not required to do so. The use of the structure at 1216 West Balboa Boulevard changed in 1997 from an apartment building occupancy to a residential care facility occupancy with more than six residents. The correct version of the California Building Code to apply would be the 1994 California Building Code. In some areas (such as restrictions on openings in walls less than five feet from the property line) the 2008 Building Code is more permissive than earlier codes. In the staff report for this reasonable accommodation, staff noted that because the 2008 Building Code supplies alternate and equally effective life safety protection provisions; the Newport Beach Fire Marshal was willing to apply the 2008 Building Code rather than the code in effect the year a facility established, but did not require it. Therefore, the Hearing Officer finds that this requested accommodation is not necessary. outlets. This findinq_cannot be {Wade The applicant requested that the City waive any consideration of (1) whether the facility would contribute to an overconcentration of similar facilities in the neighborhood; (2) whether the facility's location would be contrary to the APA`s recommended standard of permitting only one or two such uses per block; and (3) the proximity of the facility to schools, churches, parks, and outlets for alcoholic beverages. The Hearing Officer has determined that the considerations to which the applicant referred were not prohibitions or standards that stand as absolute bars to granting a use permit for a residential care facility. Rather they are factors taken into NCR UP /RA 01105 • •• e o_ • consideration in the • of permit hearing when deterryfining whether the proposed s be compatible with surrounding analyzing In overconcentration factors, and proximity to schools, •. rks ane alcoholic beverage • in a reasonable • •!. 4 • the Hearing Officer contemplated whether a waiver of considering those factors was necessary in order to afford disabled individuals an equal opportunity to use and enjoy a dwelling. Ail three factors were considered at the January 12, 2009 use permit hearing by the Hearing {Officer, who cited overconcentration, and proximity to schools and alcoholic beverage outlets among reasons for denying the applicant's use permit. Therefore, the applicant may have believed that a waiver of these considerations alone would have resulted in a grant of a use permit or reasonable accommodation. However, the Hearing Officer also considered other factors, including evidence of persistently disruptive resident behavior, impacts of facility vans, and impacts of secondhand smoke: Some of the impacts of the latter category could be controlled with appropriate conditions. However, public testimony of continued disruptive conduct on the part of Newport Coast Recovery's facility residents presented evidence of impacts on neighbors that are not consistent with stated purposes of NBMC Chapter 20.91A, which is to protect public health, safety and welfare. Staff proposed a reduced occupancy of 14 residents to the Hearing Officer to allow greater supervision of residents,. However, the evidence presented at the January 12, 2009 hearing led the Heating Officer to conclude that Newport Coast Recovery could not adequately control and supervise its facility in a manner that allows neighbors to have quiet enjoyment of their properties. The Hearing Officer finds that evidence presented after the January 12, 2009 hearing to City staff by former facility residents andfor their parents, the appearance at the July 7, 2009 hearing of a former minor facility resident, and testimony at the July 7, 2009 hearing of the mothers of two minors admired to the facility has confirmed this conclusion. Thus, even if the factors which NBMC Section 20:91A.060(D) directs the Hearing Officer to consider are not considered, the findings necessary for a use permit still cannot be made for purposes of Newport Coast Recovery's request for a reasonable accommodation. Therefore, the Hearing Officer finds the requested waiver is not necessary to provide disabled individuals with an equal opportunity to use and enjoy a dwelling. NBMC Section 20.98.025(C) allows the City to consider the following factors in determining whether the requested accommodation is necessary to provide the disabled individual an equal opportunity to use and enjoy a- dwelling: A. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. NCR UP /RA 01106 City of Newport Heating Officer ._ # ! (Newport Coast Recovery, LP - 1216 West Balboa Boulevard'; 111N, Mll�= #1211111111 of an individual with a disability, e ,s residents at the facility, and applicant has not visitor parking restrictions will prevent residents benefit, granting the accommodation would not at of life of an individual with a disability. edition: - As the parking a ability to house up to 18 demonstrated that imposing from receiving a therapeutic beverage outlets — As stated above, other factors, such as reports of continued disruptive conduct on the part of the Newport Coast Recovery facility's residents presented evidence of impacts on neighbors that were not consistent with stated purposes of NBMC Chapter 20.91A, that is to protect public health, safety and welfare. Even if the factors which NBMC Section 20.91A.060(D) directs the Hearing Officer to consider in analyzing the finding that the use will be compatible with the character of the surrounding neighborhood are not considered, the findings necessary to grant a use permit or reasonable accommodation cannot be met. Therefore, the requested waiver would not produce the result desired by the applicant, and would not affirmatively enhance the quality of life of an individual with a disability. B. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. Waiver of occuoancy restrictions - as the occupancy restrictions pose no barrier to the applicant's ability to house up to 18 residents at the facility, no individual with a disability will be denied an equal opportunity to use and enjoy the housing type of their choice absent the accommodation. NCR UP /RA 01107 City of Newport «. t i Resolution do (Newport Coast Recovery, LP - 1216 West Balboa, Boulevard) (Reasonable Accommodation No. 2009-009 � Request Na Two) a_s! a -•. •stl t t • e t.. • R .t - • • ♦ 'e NOW 1101111W I M11 1 *41 4 absent the accommodation, individuals with disabilities: will not be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation, Bever ge outlets — As stated above, other factors, such as reports of continued disruptive conduct on the part of Newport Coast facility residents presented evidence of impacts on neighbors that were not consistent with stated purposes of NBMC Chapter 20.91A - to promote public health,; safety and welfare. Even if the factors which NBMC Section 20.91A.060(C) directs the Rearing Officer to consider are not considered, the findings necessary for a use permit or reasonable accommodation cannot be met. Therefore, individuals with disabilities will not be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. C. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in tight of the particularities of the relevant market and market participants. The applicant did not provide information or evidence demonstrating that the size or type of facility requested is necessary for the facility's' financial viability. Instead, the applicant stated in their application that they objected to the application requirement to provide an explanation of why the requested accommodation is necessary to make the facility economically viable in light of the relevant market and market participants. The Hearing Officer notes that when required findings allow staff to make a recommendation in favor of graining accommodations that would allow facilities to operate at a requested location, but at a population level lower than the number of residents requested by the applicant, the facility operator has the NCR UP /RA 01108 City of Newport Hearing Officer Resolution (Newport Coast Recovery, • • West Balboa Boulevard) (Reasonable Accommodation No. 2009-009 — Request No� Two) Pane 1 t In the, case of Request No Two, New ort Coast Recovery requested a population level that is higher than that which was recommended by staff 'in its January 12� 2009 use permit staff report, but declined to provide information about its need for more residents for financial viability reasons. Therefore, the Hearing officer finds the applicant has not carried its burden to demonstrate necessity at the higher occupancy level. Absent #• i s ,t f consider . • t # .. factor determining whether the requested accommodation is necessary to provide a disabled individual an equal opportunity to use andlenjoy . dwelling. The applicant did not present evidence that any of the other accommodations requested in Request No. Two were necessary to -make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants. D. in the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to We in a residential setting, The applicant stated in their application that they object to the application requirement to provide an explanation of whether the requested accommodation is necessary to provide individuals with a disability an equal opportunity to five in a residential setting by providing evidence regarding the existing supply of facilities of a similar nature and operation in the community. NBC Section 20.98.025(C.4) authorizes the Hearing Officer to consider whether the existing supply of other facilities that are of a "similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting° when determining whether the accommodation is necessary. Based on ADP's most recently published list of licensed facilities (list current as of December 12, 2008) and use permits granted by the Hearing Officer, City staff has prepared a revised estimate of the number of licensed beds for alcohol and drug recovery in Newport Beach. Including the applicant's ADP license for 29 beds, staff estimates that there are currently approximately 236 ADP - licensed treatment beds in the City, many of which are located in duplex and apartment units on the Balboa Peninsula and West Newport. Without the applicant's 29 beds, there are still 207 licensed recovery beds in Newport Beach. like the applicant's facility, the majority of these facilities are located near the beach in residential districts zoned R -2: At the July 7, 2 009 public hearing, Assistant City Manager Dave Kiff reported he was informed by residential care facility operators in the City of Newport Beach NCR UP /RA 01109 City of Newport Bead Hearing Officer a • } (Newport Coast Recovery, LP - 1216 West Balboa Bouleva �Reasonablle Accommodation No. 2009-009 — Reduest No. 3. Finding-. That the requested accommodation will not impose an undue financ or administrative burden on the City as "undue financial or admthistral burden" is defined in Fair Housing Laws and interpretive case law, with regard to current residents this finding can be made. Allowing the facility to remain at its current location for a period of time that allows current residents to complete their intended stay would not impose a financial or administrative burden on the City that is undue in relation to requiring disabled residents to leave their present housing. Therefore, the Hearing Officer has determined this finding can be made with regard to current client residents only. A condition of the denial of Request No. One of Reasonable Accommodation No. 2009 -009 is included in Resolution No. HO- 2009 -023 staffing that during abatement proceedings current client residents of Newport Coast Recovery shall be allowed to remain at the facility until they choose to leave, or until their original intended stay is complete subject to the terms of their contract, whichever occurs first. residents in the vicinity of this use tested at public hearings regarding the conduct of Newport Coast Recovery and its impacts on neighboring uses. This conduct may in the future require administrative, code enforcement and law enforcement staff time to be expended to address complaints, as it has in the past. In addition, on April 1, 2009, a California Department of Social Services (DSS) officer investigated allegations of minors being admitted to treatment at the facility and confirmed that Newport Coast Recovery had provided unlicensed care and supervision of minors at its 1216 West Balboa Boulevard facility. The USS officer issued a Notice of Operation in Violation of Law to Newport Coast Recovery for providing unlicensed care and supervision to minors. This violation of law resulted in the involvement of staff in several City departments, who spent substantial time assisting complainants and assisting in the location of one of the minors whom Newport Coast Recovery had placed in another facility. The Hearing Officer finds that granting the requested accommodation to a facility that operates in this manner would create an undue administrative burden on the City. 4. Finding: That the requested accommodation will not result in-a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in Fair Housing Laws and interpretive case law. NCR UP /RA 01110 City of #•' Beach Hearing Officer Resolution (Newport Coast Recovery, LP - 1216 West Balboa Boulevard) (Reasonable Accommodation No. 2009-004 — Request No. Two) # is °• ! ! f. •y A. •tla 4 #. Like Request No. One, Request No_ Two contains an unstated but implicit request that the City waive Ordinance 'No. 2008 -05's requirement that a use permit must be granted to allow existing nonconforming uses in residential zones to continue operation. As in the analysis of Request No. tine, the Hearing Officer must consider whether waiving the use permit requirement would undermine the basic purpose the use permit requirement was put in place to achieve. To analyze this, the Hearing Officer considers whether the purposes, requirements and protections of a use permit can be met by the reasonable accommodation, without the grant of a use permit. The Hearing Officer was unable to make required Finding No. Four of the applicant's reasonable accommodation Request No, One, in part because of the applicant's verified violations of state law. The granting of the applicant's reasonable accommodation Request No. Two would allow an even higher occupancy limit and fewer controls on secondary impacts, which would result in a fundamental alteration of the nature of the City's zoning program. In Request No. One, the Hearing Officer analyzed whether waiving a use permit requirement while allowing the applicant to continue operation with 14 residents, with conditions of approval imposed by the use permit, would have undermined a basic purpose the use permit requirement was meant to achieve. The Hearing Officer incorporates by reference the discussion of Finding No. Four in the Resolution of Denial of Request No. One of Reasonable Accommodation No. .20094Q09. By incorporating by reference, the Hearing Officer finds that this discussion applies to Request No; Two as relates to how the determination of granting the requested accommodation would fundamentally alter the basic purposes of the Zoning Code, the requirements for use permits in residential, zones, and the General Plan Specifically, the Hearing Officer finds that the use does not conform to all applicable provisions of NBMC , Section 20.91A.050, (Development and Operational Standards) required for use permits in residential zones, and in particular, Section 20.91A.050(B). In March 2009, while its appeal of the Hearing Officer's denial of its use permit application was pending before the City Council, the applicant twice violated state law by accepting minor clients without a DSS license or the ADP adolescent waiver NCR UP /RA 01111 City of Newport Beach Hearing Officer Resolution (Newport Coast Recovery, LP - 1216 West Balboa Boulevard) (Reasonable Accommodation No. 2009 -009 — Request No. Two) Page 13 of 19 required to provide residential and supervision to minors. On ApOi 1, 2009, a California Department of Social Services (USS) officer investigated, allegations of minors being admitted to treatment at the facility and confirmed that Newport Coast Recovery had provided unlicensed Balboa 'e # • - . -e • ♦ Operation Violation -R. Law to Newport Coast Recovery for providing unlicensed care and supervision to NBMC Section 20,91A.050(B) requires that all facilities within the City be operated in compliance with applicable State and local laws. In order to grant a use permit, the Hearing Officer must make all findings required by NBMC Section 20.918.060, and one of those required findings is that the facility operates in accordance with all operational standards of NBMC Section 20,91A.050. Because the facility has not operated in compliance with state law, the facility does not operate in accordance with all operational standards of NBMC Section 20.91A.050. The Hearing Officer finds that the results of the DSS officer's investigation constitute a basis for finding the applicant does not operate its facility in accordance with applicable law, as required by NBMC Section 20,91A.050(B), which requires that the facility be operated in compliance with state and local law. Ignoring, these violations would undermine one of the basic purposes the use permit requirement was put in place to achieve: uto protect and implement the recovery and residential integration of the disabled, including those receiving treatment and counseling in connection with dependency recovery:" Granting discretionary permits only to applicants that operate their facilities in compliance with state laws protecting their potential clients is necessary to protect and implement the recovery of the disabled'. Waiver of occupancy restrictions — As granting this request is not necessary to afford the maximum requested number of residents the opportunity to use and enjoy the dwelling, the Hearing Officer fends it is not necessary to determine whether granting the request would result in a fundamental alteration in the nature of the City's zoning program. Parking reguirements and visitor parking conditions waiver- As granting this request is not necessary to afford the maximum requested number of residents the opportunity to use and enjoy the dwelling, the Hearing Officer finds it is not necessary to determine whether granting the request would result in a fundamental alteration in the nature of the City's zoning program. However, see Factor B analysis of whether granting the requested accommodation would result in a substantial increase in traffic or insufficient parking, below., Provisions in Place at time of Change of occupancy - As granting these requests are not necessary to afford the maximum requested number of residents the opportunity to NCR UP /RA 01112 City of a♦ Hearing Officer Resolution (Newport t® Recovery, a West Balboa Boulevard) (Reasonable Accommodation No, 2009-009 — Request No. Two) use and an •.. . • • e: AP III FURMF I rul 19 Me request woula result in a fundamental alteration in the nature of the City's zoning program, As noted above, the applicant may believe this request, if granted� would allow it to continue Operation without the imposition of reasonable conditions required under a use permit. This is not the case, as the applicant is already being treated,as4il other nonconforming uses in residential districts are being treated However, the Hearing Officer finds that if all provisions of Ordinance No. 2008-05 applicable to this facility were waived, it would result in undermining two of the basic purposes the ordinance was put in place to achieve to promote • r o to implement the policies of the General Plan by ensuring that conditional uses in residential neighborhoods do not change the character of such neighborhoods,' and, to protect the recovery and residential integration of the disabled (NBMC Section 20.91X010). Waiver of overconcentration considerations — The Hearing Officer finds that preventing overconcentration and excessive clustering of residential care facilities, so that facilities are not congregated or overconcentrated to the extent of institutionalizing an area, is one of the primary purposes the provisions of the current Zoning Code were put in place to achieve. (See NBMC Section 20.91A.010) Similarly, courts have recognized that the presence of too many group homes in a residential neighborhood can potentially undermine the very purpose of such a district and therefore be unreasonable, to United States. v. City of Chicago Heights, 161 KSupp.2d 819, 837 (N,D,fli. .2001), the District Court stated: "There may be situations in which the distance between the homes is so little, where there is already more than one group home within 1000 feet, or where the homes are so similar in nature or operation, under which a request for a special use permit would fundamentally alter the City's purpose of avoiding clustering and preserving the residential character of certain neighborhoods." Concern about overconcentration is consistent with the position taken by the Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ) in their "Joint Statement on Group Homes, Local Land Use and the Fair Housing Act." This joint statement was duly considered by the Bearing Officer in making a determination that more than one facility within a 617 -foot calculable median block length in a nonstandard subdivision area would create an overconcentration of such uses. Therefore, the Hearing Officer finds that waiving overconcentration considerations entirely is an unreasonable request, as it would undermine one of the basic purposes Ordinance No. 2008 -05 was put in place to achieve, and would result in a fundamental alteration of the Zoning Code. NCR UP /RA 01113 City of ..lr Beach Hearing Officer Resolution (Newport Coast P ♦f. Boulevard) (Reasonable Accommodation No. 2009-009 L Request No, Two) P a- of f P f f • - a _ P P• P stiff. a Pursuant to Section 20,98.025(D) of the NBMC, the C, m m. a - i f f r rr,. A. Whether the requested accommodation would fundamentally after the character of the neighborhood. Waiver of occupancy liml# occupancy of 18 residents Request No. Two asked for an occupancy level that exceeded the number of residents the Hearing Officer believes the applicant could adequately supervise to prevent a fundamental alteration of the character of the neighborhood. The Hearing {Officer finds that granting the requested accommodation would fundamentally aker the character of the neighborhood, particularly with the new information received after the applicant's first use permit denial that demonstrated the applicant's inability to adequately supervise its residents,. —... --- ... ®, ou mitur a are conoutwns wai r.' NBMC Section 20,66,010 establishes the purposes of the off - street parking and loading regulations. They are (A) to ensure that off - street parking and loading facilities are provided for new land uses and major alterations of existing uses in proportion to the need for such facilities created by each use; (B) to establish parking standards for uses consistent with need and with feasibility of providing parking on specific sites; and (C) to ensure that off-street parking and loading facilities are designed in a manner that with ensure efficiency, protect the public safety, and, where appropriate, insulate surrounding land uses from adverse impacts. With the applicant's history of using its off- street parking fear uses other than parking, the historically high occupancy of the facility, and the applicants practice of The Hearing Officer recently issued a reasonable accommodation for a sober living facility which operates in close proximity to a high number of alcoholic beverage outlets in the McFadden Square area of the Balboa Peninsula, The Hearing officer granted the accommodation in part because that applicant was able to demonstrate that under the circumstances of that facility, the proximity did not undermine the recovery of the disabled residents, and therefore, did not undermine a basic purpose of the use permit requirement. NCR UP /RA 01114 City of Newport Beach Hearing Officer Resolution (Newport Coast Recovery, LP - 1216 West Balboa Boulevard) (Reasonable Accommodation No. 2€109 -009 — Request No, Two) Page 16 of 19 The ViSitnr these accommodations were not neoessary, as the City was already treating the applicant's facility as a nonconforming use and was wilting to apply the Caldomia Building Code provisions in place at the time of change of occupancy. No alteration of the fundamental purpose of the City's zoning program would result. However, the applicant appeared to believe that being treated as a nonconforming use would exempt it from all requirements of Ordinance No. 2PO8 -05. The Hearing Officer finds that if all provisions of Ordinance No. 2008 -05 were waived as to the applicant, the basic purposes the ordinance was put in place to achieve would be undermined. Those purposes include promoting public health, safety and welfare, and to implement the policies of the General 'Plan by ensuring that conditional uses in residential neighborhoods do not change the character of such neighborhoods, and protecting the recovery and residential integration of the disabled (NBMC Section 20.91A.010). Waiver of overconggntration reouirements: The Hearing Officer finds that Preventing overeoncentration that results in the institutionalization of an area is one of the primary purposes Ordinance No. 2008 -05 was put in place to achieve. As noted above, courts have recognized that the presence of too many group homes in a residential neighborhood can potentially undermine the very purpose of such a district and therefore would be unreasonable. outlets: The Hearing Officer notes that consideration of this factor (proximity of the facility to schools, parks and alcoholic beverage outlets) is not a bar to the granting of a reasonable accommodation or use permit, but is only a factor to be considered. There may be individual situations in which it would not undermine a basic purpose of the Zoning Code to waive consideration of the proximity of nearby schools, parks and alcoholic beverage outlets when reviewing whether a particular proposed use will fundamentally alter the character of the surrounding neighborhood, or whether the location of a NCR UP /RA 01115 City of Newport Beach Hearing Officer Resolution ( Newport Coast Recovery, LP- 1216 West SWboa Boulevard) (Reasonable Accommodation No. 2009"009 — Request No. Two) Page 17of19 proposed use will undermine the purpose of protecting the recovery of disabled individuals, B Mather the accommodation r. a resull in a substantial or insufficient parking, Staff analyzed whether Newport Coast Recovery had sufficient on -site parking for the use and whether traffic and transportation impacts had been mitigated to a level of insignificance in its January 12, 2009 staff report. However, that analysis was performed with staffs recommended conditions regarding visitor parking in mind, The Hearing Officer finds that if Newport Coast Recovery continued operation with 18 residents, and without requirements for the purchase of master parking permits, requirements that on -site parking be used by facility residents and staff, and visitor parking 'regulations, a substantial increase in insufficient parking would result. As discussed above, the visitor parking conditions proposed as part of a use permft could be compared to the requirements the City would place on any other business in a residential district offering outpatient counseling. G. Whether granting the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable Specific Plan. General Plan Policy LU 6.21 requires the City to regulate day care and residential care facilities to the maximum extent allowed by federal and state law to minimize impacts on residential neighborhoods. The City adopted Ordinance No, 2008 -05 to implement General Plan Policy LU 6.2.7. Under the conditions described in the Finding No. 4 analysis above, the Hearing Officer has determined that granting some elements of the requested accommodation would substantially undermine an express purpose of the General Plan. Waiver of overconcentraton reouimments: The Hearing Officer finds that Preventing overconcentration that results in the institutionalization of an area was one of the express purposes Ordinance No. 2008 -05 was put in place to achieve, and is consistent with an express purpose of the General Plan. D. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. The Hearing Officer determined that granting use permits; or reasonable accommodations that waive use permit requirements, which resulted in more than one such use within a 617 -foot calculable median block length would NCR UP /RA 01116 City of R• Beach Hearing Officer Resolution (Newport Coast Recovery; LP - 1216 West Balboa Boulevard) (Reasonable Accommodation No. 2009-009 — Request No Two) create an institutionalized environment. As a use permit has already been granted to another existing facility located within 300 feet of Newport Coast Recovery anR within the same median block, length of the applicant's facility, the Case, Hearing Officer determined that granting the requested accommodation would create an institutionalized environment in the surrounding neighborhood. 5. Finding: That the requested accornmodation will not, under the specific facts of the result in a direct threat to the health or safety of other individuals or -substantial physical damage to the property of othem. This f ndino can be made A request for reasonable accommodation, may be denied if granting it would pose "a direct threat to the health or safety of other individuals or result in substantial physical damage to the property of others." See 42 U.S.C. § 3604(f)(9). This is a very limited exception and can only be used when, based on the specific facts of a situation, a requested accommodation results in a significant and particularized threat. Federal cases interpreting this exception in the FHAA indicate that requested accommodations cannot be denied due to generalized fears of the risks posed by disabled persons. However, staff recommends and the blearing Officer makes this finding with caution and reservations, given the lack of supervision the facility appears to have been providing for its disabled residents during recent months. WHEREAS, to approve a request for Reasonable Accommodation all five required findings contained Section 20.98.025(B) of the NBMC must be made; and WHEREAS, specifically, Findings Nos. 2, 3 and 4 of Section 20:98.025(8) of the NBMC cannot be made; and WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 16301 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 general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment and it is not subject to CEQA; and O THEREFORE, r s Section 2. This action shall become final and effective fourteen 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 UP /RA 01117 City of Newport Beach Hearing Officer Resolution (Newport Coast Recovery, LP -1216 West Balboa Boulevard) (Reasonable Accommodation No. 2009 -009 — Request No. Two) Page 19 of 19 By: Thomas W. Allen, Hearing Officer NCR UP /RA 01118 Supplement to Documents Submitted to the Hearing Officer After the December 08, 2008 Staff Report but Prior to Close of the December 8, 2008 Hearing NCR UP /RA 01119 Brown, Janet From: Kiff, Dave Sent: Monday, December 08, 2008 2:01 PM To: 'Tom Allen' Cc: Brown, Janet Subject: FW: Newport Coast Recovery - Calls for Service Attachments: 20081208120636. pdf Tom— Police calls for service at 1216 West Balboa. Dave NCR UP /RA 01120 CITY OF NEWPORT BEACH POLICE DEPARTMENT January 24, 2008 TO: Chief Jolur Klein FROM: Investigator Steve Burdette SUBJECT: 1216 W. Balboa Blvd. RECEIVED BY PLANNING DEPARTMENT DEC 00 2009 Below is an overview of calls for service at 1216 W. Balboa Blvd. between 2005 to the present according to the NBPD CAD system. This list will also include a breakdown of the type of calls, frequency and the related call disposition. Calls for Service in 2005: Type of call: # of calls: Disposition Officer Initiated Contact 2 Advised Disturbance 3 (2)Advised(1)cancelled Disturbance (drunk) I Arrest Disturbance (urgent) 1 Assisted Drunk 1 Arrest Found Person l Report Disturbance (urgent) 1 Arrest H &S Activity I FI Disturbance (drunk) I Gone on Arrival Totals: 12 Calls for Service in 2006: Type of call: # of calls: Disposition Hit and Run 1 Arrest Theft I Unfounded Vandalism 1 FI Medical Aid 2 Assist Terrorist Threats I Report Petty Theft t Report Follow Up I Assist Totals: 8 NCR UP /RA 01121 Calls for Service in 2007: Type of call: # of calls: Disposition Field Investigation I Assist Illegal Parking 2 GOA Attempt to Locate 1 Assist Stray Animal 2 Picked Up Trespassing 2 GOA Totals: 8 NCR UP /RA 01122 Form: LHS Requested By: NB /575 At Position: COM4 Date /Time Class Agency Type 31. -JU1- 2008/09:53:20 ----- N14--VIGpc 081580165 P NB 902M 06-- Jun - 2008/14:44:44 &W7 Vic roa ,Qla 080310206 P NB C6R 05 -J'un- 2008/19:47:47 072200099 P NB FU 31- Jan - 2008/19:24:09 071470107 P NB 902M 31 -Jan- 2008/19:24:02 070970204 P NB 902M 04- Sep - 2007/21:30:23 061230066 P NB 602J 30- Aug - 2007/02:41:57 053210013 P NB 602N O8- Aug -- 2007/09:59:02 052860129 P NB 9058IC 10- Jun - 2007/11:09:19 050810063 P NB 905SIC 31 -May- 2007/15:26:30 P NB 586A 27- May - 2007/10:24:22 P NB 586A 18- Ma.y- 2007/10:42:37 P NB ATL 02- May - 2007/14:45:07 P NB 586A 07- Apr - 2007/18:14:51 P NB C6 09 - -Nov- 2006/7.1:22:50 P NB FU 1.5- May - 2006/10:34:24 P NB 902M 03- May- 2006/08:28:40 P NB 422 04 -Liar- 2006/21:42:00 P NB 594R 13 -Dec- 2005/19:28:56 P NB OD 17- Nov - 2005/01:36:45 P NB 415390 06- Nov - 2005/23:35:56 P NB 415P 1.4- Oct - 2005/01:22:43 P NB 415 13- Oct - 2005/17:04:52 P NB HS 22- Aug - 2005/02:32:01 P NB 415* 29- May - 2005/21.:35:58 P NB 415390 22-- Mar - 2005/09:48:53 P NB AWS 02- Jan- 2005/1.4:24:18 P NB TS Event4 - --- ---- - 082130076 ----- N14--VIGpc 081580165 "/ac4r& CHrL i< 081570217 i-o ccocal -al° 080310207 &W7 Vic roa ,Qla 080310206 y l�zic oc ,n.o 072470257 072420023 072200099 071.610098 071510158 071470107 071380096 071220171 070970204 063130103 061350074 061230066 060630227 053470180 053210013 053100210 052870014 052860129 052340019 051490252 050810063 050020086 NCR UP /RA 01123 Event Number: NB077.380096 Pri: 4 Disposition: Location: ,ant Number: Pri: Disposition: Location: Event Number: Pri: Disposition: Location: Event Number: Pri: 07005783 Disposition: Location: Event Number: Pri: 07008284 Disposition: Location: Event Number: Pri: Disposition Location n -rent Number Pri ASST 1216 BALBOA BLVD W NB071470107 5 MBO 1216 BALBOA BLVD W NBO`71510158 5 UTL 1216 BALBOA BLVD W NB071610098 5 PU 1216 BALBOA BLVD W NE072200099 5 PU 1216 BALBOA BLVD NB072420023 2 GOA 1216 BALBOA BLVD NB072470257 3 Date /Time: 18 -May- 2007/10:42:37 Type: ATL. Case: Disp Group: DG ,NB Date /Time: 27- May - 2007/10:24:22 Type: 586A Case: Disp Group: ,NB Date /Time: Type: Disp Group: ,NB Date /Time: Type: Disp Group: ,NB Date /Time: Type: Disp Group: W ,NB Date /Time: Type Disp Group: W ,NB Date /Time: Type DG 31- May - 2007/15:26:30 586A Case: DC, 10- Jun - 2007/11:09:19 905SIC Case: NB DG 08- Aug - 2007/09 :59:02 905SIC Case: NB DG 30- Aug- 2007/02:41:57 602N Case: DG 04- Sep - 2007/21:30:23 602J Case: Disposition: GOA Disp Group: DC, Location: 1216 BALBOA BLVD W ,NB IF- �►) `f15P C! 5cgA cry) 9o�M `' 02uNK C1� 905ye, r41✓��9L t 1 041 ©V6,41D°SG µi, I kv� �l)9�0F F°Ut' P�So�► (() 390 IkUN K wWaa !u Cj� IPA , -6-0 V6-7-j NCR UP /RA 01124 Event Number: NBO53210013 Date /Time: 17- Nov - 2005/01:36:45 Pri: 3 Type: 415390 Case: Disposition: GOA Disp Group: DG Location: 1216 BALBOA BLVD W ,NB ant Number: NBOS3470180 Date /Time:,13- Dec - 2005/19:28:56 Pri: 2 Type: OD Case: Disposition: Location: Event Number: Pri: 06000163 Disposition: Location: Event Number: Pri: Disposition Location Event Number Pri Disposition Location Event Number Pri Disposition Location - 'ant Number Pri 06004114 Disposition Location Event Number Pri Disposition: Location: Event Number: Pri: FI Disp Group: 1216 BALBOA BLVD W ,NB NB060060091 Date /Time: 3 Type 1.015 Disp Group: 1216 BALBOA BLVD W #1 ,NB NB060SIO066 Date /Time: 3 Type DG 06- Jan - 2006/10:26:36 481J Case: NB DG 20- Feb - 2006/11:13:31 484,7 Case: UNF Disp Group: DG 1216 BALBOA BLVD W #1 ,NB NB060630227 Date /Time: 04- Mar - 2006/21:42:00 4 Type: 594R Case: FI Disp Group: DG 1216 BALBOA BLVD W ,NB NB060770091 Date /Time: 18- Mar - 2006/10:21:11 2 Type: 902M Case: ASST Disp Group: DG 1216 BALBOA BLVD W #3 ,NB NB061.230066 Date /Time: 03- May- 2006 /08:28:40 3 Type: 422 Case: NB RPT Disp Group: DG 1216 BALBOA BLVD W ,NB NB061350074 Date /Time: 1.5- May- 2006/10:34:24 2 Type: 902M Case: PC Disp Group: DG 1216 BALBOA BLVD W ,NB NB061460273 Date /Time: 26- May - 2006/23:39:54 4 Type: 488R Case: NB 06004938 Disposition: RPT Disp Group: DG Location- 1216 BALBOA BLVD W #3 ,NB Event Number: NB063130103 Date /Time: 09- Nov - 2006/11:22:50 Pri: 5 Type: FU Case: Disposition: ASST Disp Group: DG Location: 1216 BALBOA BLVD W ,NB Event Number: NB070970204 Date /Time: 07 -Apr- 2007/18:14:51 Pri: 5 Type: C6 Case: Disposition: PC Disp Group: DG Location: 1216 BALBOA BLVD W ,NB F «ent Number: NB071220171 Date /Time: 02- May - 200'7/14:45:07 Pri: 5 Type: 586A Case: Disposition: GOA Disp Group: DG Location: 1216 BALBOA BLVD W ,NB NCR UP /RA 01125 Form: EHQ Requested By: NB/1106 At Position: COME ES /ENT HISTORY INQUIRY :nt Number: NE050020086 Date/Time: 02-jan-2005/14:24:18 Pri: 5 Type: IS Case: Disposition: ADV Disp Group: DG Location: 7,27.'6 � BALBOA BLVD W , NB Event Number: umber: N DS065615 , 0 Date/Time: 06-Mar-2005/22:54:52 Pri: 4 Type: 41ST Case: Disposition: ADV Disp Group; DG Location: 1216 BALBOA BLVD W #2 NB Event Number: NB0S0810063 Date/Time: 22-Mar-2005/09:48:53 Pri: 4 Type: AWS Case: Disposition: UTL Disp Group: DG Location: 1216 BALBOA BLVD W NB Event Number: NBOS1490252 Date/Time: 29- y 2005/21:35:S8 Pri: 3 Type: 41T590-4 Case: NB 05005542 Disposition: 1015 Disp Group: DG Location: 1216 BALBOA BLVD W NB Event Number: NB0S1530003 Date/,Time: 02-Jun-2005/00:08:02 Pri: E Type: 415* Case: Disposition: ASST Disp Group: DG Location: 1.216 BALBOA BLVD W 43 NB r'.=nt Number; NB051.690288 Date/Time: 18-Jun-2005/23:16:11 Pri: 3 Type: 390 Case: NB 05006327 Disposition: 1015 Disp Group: DG Location: 1216 BALBOA BLVD W #5 NB Event Number: NB052150015 Date/Time: 03-Aug-2005/01:28:12 Pri: 4 Type: 920F Case: Disposition: RPT Disp Group: DG Location: 1216 BALBOA BLVD W #1 NB Event Number: NB052340019 Date/Time: 22-Aug-2005/02:32:01 Pri: E Type; 415* Case: NB 05009141 Disposition: 1015 Disp Group: DG Location: 1.21.6 BALBOA BLVD W NB Event Number: NB052860129 Date/Time: 13-Oct-2005/17:04:52 Pri: 3 Type: I-IS Case: Disposition: FI Disp Group: DG Location: 1216 BALBOA BLVD W NB Event Number: NB052870014 Date/Time: 14-Oct-2005/01:22:43 Pri: 3 Type: 415 Case: Disposition: UTL Location: 1216 f,,�ent Number: NBO5 I Pri: 3 Disposition: 1022 Location: 1216 Disp Group: DG BALBOA BLVD W NB 3100210 Date/Time: 06-Nov-2005/23:35:56 Type: 415P Case: Disp Group: DG BALBOA BLVD W NB NCR U P/RA 01126 Brown, Janet From: KA Dave Sent: Saturday, December 06, 2008 9:49 PM To: 'Tom Allen' Cc: Brown, Janet Subject: FW: Use Permit Hearing Notification - Newport Coast Recovery Attachments: 1216 W Balboa Objection Letter.pdf From: mathenaesq @aol.com [mailto:mathenaesq @aol.com] Sent: Fri 12/5/2008 6:11 PM To: Kiff, Dave Subject: Re: Use Permit Hearing Notification - Newport Coast Recovery Dear Mr. Kiff, Attached please find my formal input into the public hearing related to the group home residential permit being considered for 1216 W. Balboa Blvd. I look forward to your acknowledgment of receipt of this letter. Sincerely, Larry Mathena Listen to 350+ music, sports, & news radio stations — including songs for the holidays — FREE while you browse. Start Listening Now! NCR UP /RA 01127 Larry Mathena 1125 West Balboa Boulevard Newport Beach, California 92661 949 - 752 -5115 Extension 18 mathenaesq @aol.com December 5, 2008 To: Thomas W. Allen, Hearing Officer David Kiff, Assistant City Manager Subject: Newport Coast Recovery, LLC 1216 West Balboa Boulevard Use Permit UP 2008 -033 (PA2008 -104) From: Larry Mathena Introduction: 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. The Staff Report write up for the Use Permit Application provides a summary of the facts of an applicant which has failed to comply with the requirements of the law in regards to applying for a conditional use permit. This failure to comply has occurred and continues to occur despite numerous requests and directions from applicable governmental officials imploring the Applicant to submit the required information on more than one occasion. This failure to comply with the requirements of law originated with the initial delivery of a substantially incomplete Form 100 by legal counsel for the Applicant. On page 6 of the Staff Report a listing of some but not all of the shortcomings of Applicant's application are listed. The more serious shortcomings include the failure of the owner of the real property of the facility to submit an affidavit authorizing the submittal of the Use Permit. In addition there is a failure to cooperate with the Fire Marshall to confirm that the structure is NCR UP /RA 01128 physically suited for the use- i.e. that it meets safety standards. The Hearing Officer should not allow a fire hazard to exist on each city block. The Staff Report recommends on page one and repeats on page nine that the Hearing Officer conduct a hearing and at the conclusion of the hearing to continue it, to give the Applicant 21 more days to submit the information that it has failed to provide to date, after multiple requests for the data by the City and the Fire Marshall. In the conclusion of the Staff Report on page nine, it is stated that under NMBC Section 20.62.090 "abatement proceedings for non confirming residential care facilities may commence unless the owner or occupant has timely applied for a use permit... and is diligently pursuing that administrative process as determined by the Planning Director." The Staff Report then states that the Hearing Officer many conditionally approve the Use Permit by making the appropriate findings of fact or deny the Use Permit based on the information provided to date. The recommendations and in particular the alternatives presented to the Hearing Officer in the Staff Report are in error. The information that the Hearing Officer has available to him in the application and in the Staff Report is insufficient legally for the Hearing Officer to conditionally approve the Ilse Permit. There is no basis for the Hearing Officer being able to make such a conditional approval because the Hearing Officer is barred from making the factual findings upon which such conditional approval must be made in the absence of adequate evidence on the record to support such factual determinations. That evidence does not exist in the file. In addition a conditional use permit request for a particular piece of real property must be documented as authorized by the actual owner of the property. Given the extended period of time in which the City Staff has sought this authorization, the failure to provide it should be considered a fatal flaw in the application and indeed the submittal of paperwork by the Applicant should be considered a nullity. In addition, the owner of the property identified by the Applicant is not the owner of identified in the Orange County Recorder's files. Similarly the failure after multiple requests to provide the data required to meet fire safety requirements should also be considered fatal. The City Staff should not have exercised the Hearing Officer. The Planning Department should have determined that the minimum requirement for applying for a Use Permit have not been met because under NMBC Section 20.62.090 the owner or occupant has (effectively) not timely applied for a use permit... and is not diligently pursuing that administrative process as determined by the Planning Director. NCR UP /RA 01129