HomeMy WebLinkAbout19 - Sober Living by the Sea Annual ReviewQ SEW PpRr
CITY OF
\T NEWPORT BEACH
City Council Staff Report
Agenda Item No. 19
October 11. 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt(cDnewportbeachca.gov
and
Office of the City Attorney
Aaron C. Harp, City Attorney
949 - 644 -3131, aharp(cDnewportbeachca.gov
PREPARED BY: Janet Johnson Brown, Associate Planner
APPROVED: � &
TITLE: Annual Review of Zoning Implementation and Public Benefit
Agreement for Sober Living by the Sea, Inc. (PA2010 -150)
ABSTRACT:
City Council's annual periodic review of the Zoning Implementation and Public Benefit
Agreement (Zoning Agreement) between the City of Newport Beach (City) and Sober
Living by the Sea, Inc. ( SLBTS) to determine if SLBTS has demonstrated good faith
compliance with the terms of the Zoning Agreement. This item was continued from the
September 27, 2011, City Council meeting.
RECOMMENDATION:
1. Conduct a public hearing; and
2. Find that SLBTS has demonstrated good faith compliance with the terms of the
Zoning Agreement; and
3. Receive and file documents submitted by SLBTS to demonstrate good faith
compliance with the terms of the Zoning Agreement (Attachment A).
FUNDING REQUIREMENTS:
There is no quantifiable fiscal impact related to this item, and no specific funding is
necessary to take action on this matter.
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Annual Review of Zoning Implementation and Public Benefit Agreement for Sober
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October 11, 2011
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DISCUSSION:
Introduction
This is the second annual periodic review of the Zoning Agreement between the City
and SLBTS. Staff has conducted a thorough review of SLBTS's operations and the
requirements of the Zoning Agreement (Attachment B, Zoning Agreement). The review
indicates that SLBTS has made a good faith effort to comply with the terms of the
Zoning Agreement, and is in compliance with all requirements including the provision of
off - street parking for the Villa Way office and meeting facility (Villa Way facility) located
at 2811 Villa Way.
The Zoning Agreement establishes the duties of both the City and SLBTS, and requires
that the City and SLBTS each comply in good faith with the terms of the Zoning
Agreement. The Zoning Agreement includes a provision that a periodic compliance
review be conducted at least once every 12 months for good faith compliance by the
applicant with the terms of the agreement, consistent with California Government Code
Sections 65865 and 65865.1, and Newport Beach Municipal Code (NBMC) Section
15.45.070. If the City Council finds and determines that the applicant has not complied
in good faith with the terms or conditions of the agreement, the City Council may pursue
remedies as approved by the Zoning Agreement.
Background
The first periodic annual review occurred in November 2010 (refer to Attachment C for
the November 9, 2010, City Council Minutes). At that public hearing, the City Council
determined that SLBTS demonstrated good faith compliance with the terms of the
Zoning Agreement, with the exception of the requirement to provide an off -site parking
lot to serve the Villa Way facility. The City Council approved staff's recommendation to
establish a schedule and milestones over an eight -month period for SLBTS to comply
with the requirement of an off -site parking lot. This matter is discussed in detail below in
this report.
During the periodic review conducted in November 2010, the City and SLBTS agreed
that the annual periodic reviews would be held in July of each year. However, due to an
ongoing review of a similar zoning agreement between the City and another operator of
sober living facilities, the SLBTS annual periodic review was postponed until this
meeting. To the extent possible, all future periodic reviews will be conducted in July of
each year, consistent with the mutually agreed upon Zoning Agreement Administration
Protocol memorandum dated October 29, 2010 (Attachment D).
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Annual Review of Zoning Implementation and Public Benefit Agreement for Sober
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October 11, 2011
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Terms and Conditions of the Zoning Agreement
Villa Way Facility
The operational conditions related to the Villa Way facility are specified in a letter from
the City to SLBTS dated August 25, 2006 (Determination Letter), and incorporated by
reference in the Zoning Agreement as Exhibit C. The requirements of the
Determination Letter are summarized in the Villa Way facility matrix, Attachment E of
this report. One of the requirements of the Determination Letter is that SLBTS shall
provide 13 off -site parking spaces on a vacant lot under separate ownership located
across the street from the Villa Way facility at 2807 Lafayette Avenue. At the November
2010 periodic review, City Council approved the following schedule and milestones to
bring SLBTS into compliance with this requirement:
• Allow SLBTS up to two months to work with the property owner of 2807 Lafayette
Avenue and the Regional Water Quality Control Board to reach a resolution on
environmental cleanup of the site and construction of the off -site parking lot.
If SLBTS cannot make material progress on cleanup and construction of the off -site
parking lot within the two -month period, SLBTS will use the next two to four months
to seek alternative locations for off -site parking, and pursue and enter an off -site
parking agreement as needed.
The facts reported to staff by SLBTS indicate SLBTS has made a good faith effort to
comply with the terms of the Zoning Agreement, including the provision of an off -site
parking lot. Since the November 2010 City Council Meeting, SLBTS continued its
efforts to provide off -site parking for its Villa Way facility, as indicated in the attached
documents submitted by SLBTS (Attachment A). SLBTS reports that on December 16,
2010, its legal counsel attempted to meet with the 2807 Lafayette Avenue property
owner's attorney. After waiting for several hours, SLBTS's legal counsel left his
business card requesting a return call. The property owner's attorney did not respond,
and SLBTS was unable to reach a resolution regarding cleanup of the site and
authorization to construct a parking lot.
During the past six -to -eight months, City staff has worked with SLBTS to help identify
potential alternate sites. However, some sites identified by SLBTS were not considered
to be within a convenient distance to the Villa Way facility, and therefore, were not
candidate sites to satisfy this requirement.
In mid - August, SLBTS began efforts to locate sites where an incremental number of
parking spaces could be located (i.e., two or three spaces, rather than a total of 13
spaces). SLBTS has contacted four different property owners of parcels within
proximity to the Villa Way facility. One of the four property owners is willing to lease
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Annual Review of Zoning Implementation and Public Benefit Agreement for Sober
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October 11, 2011
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three spaces to SLBTS, another did not have spaces available, and SLBTS is awaiting
a response from the other two property owners.
On September 16, 2011, SLBTS reported to staff that it has reached an agreement with
the representative of the property owner of 500 32nd Street to lease 13 parking spaces
on a month -to -month basis for an indefinite period of time. This parcel provides
required off -site parking spaces for property located at 3388 Via Lido, as well as at least
13 additional parking spaces that are unencumbered and available for lease. A copy of
a letter of intent regarding the agreement between SLBTS and the property owner of
50032 nd Street is attached (Attachment F).
As the conceptual plans for the Lido Marina Village and City Hall site are being
formulated, additional off -site parking opportunities may be identified for use by SLBTS
on a long -term basis. In the meantime, staff is of the opinion this off -site parking
arrangement meets the intent of the requirement in the Determination Letter, and that
City Council can find SLBTS in compliance with this required condition of the Zoning
Agreement at this time.
Compliance Review and Applicable Regulations of the Zoning Agreement
In addition to the requirement of an annual periodic review, the Zoning Agreement
provides that SLBTS shall submit a Compliance Review Report on or before December
31 and June 30 of each year of the term of the Zoning Agreement. SLBTS has
submitted its Compliance Review Reports in a timely manner (Attachment G).
The Zoning Agreement limits the number of client beds permitted in SLBTS' sober living
homes and licensed treatment facilities at 204 beds maximum Citywide, and 156 beds
maximum in the Peninsula Zone. SLBTS reports a total of 90 client beds Citywide as of
June 30, 2011. This represents a reduction from the 100 client beds reported in June
2010, and the 204 client beds reported in May 2008, when SLBTS submitted
applications for use permits, and a 56 percent decrease in reported client beds between
May 2008 and June 2011. (See Attachment H for an inventory of client beds listed by
address, and Attachment I for a map of all SLBTS facilities.)
The Compliance Review Report provides current information regarding facility locations
and bed counts. The accuracy of the information provided by SLBTS is verified by the
City through on -site inspections conducted by the Code Enforcement Division. During
the on -site inspections the Code Enforcement Division also verifies that each facility is
in compliance with the "Applicable Regulations" as delineated in Exhibit B of the Zoning
Agreement. A summary of the "Applicable Regulations" are provided in the matrices
attached to this report (Attachment J), and below:
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Table 1 — Applicable Regulations
Regulation
Specific Requirement
Status
Number and Location
No more than 204 client beds Citywide, no more
In compliance. 90
of Facilities
than 156 in Peninsula zone, including 12 maximum
client beds Citywide
on Lido Isle.
reported as of
6/30/11.
New Facilities after
One facility per block, or across bordering street
In compliance.
effective date of
(block is area bounded by 4 streets, not alleys).
Zoning Agreement
Dispersal: 1 facility
No new facility established outside Peninsula Zone
Dispersal completed
per block within 30
until dispersal complete
12/27/10.
months of effective
In compliance.
date (4 exceptions
specified in Zoning
Agreement may
remain within same
block).
Proximity to schools,
No facility within 1,000 feet of MNUSD elementary
In compliance.
large day care
school or large day care facility, or adjacent to 36
facilities, parks
Street tot lot or Marina Park tot lot.
Parolees and
SLBST shall not provide services to or house any
In compliance.
Government
parolee from CA Dept. of Corrections or equivalent.
SLBTS reports it
Referrals
Other parolee /probationers -1 per dwelling unit
does not provide
allowed.
services or housing to
parolees. NBPD
Note: Effective Feb. 2011, NBPD requests they be
reports no parolees
asked to supply this information only for criminal
as of 2/1/11.
law enforcement purposes'
Medical Waste
Must be disposed of in accordance with law and
In compliance.
Disposal
best practices
Other Waste Disposal
Must comply with NBMC requirements for trash
In compliance.
enclosure provisions
Smoking and
Good faith effort to prevent secondhand smoke
In compliance. No
Tobacco Products
affecting neighboring properties; direct clients not to
complaints received.
litter w/ tobacco products or violate smoking
prohibitions
Off - Street Parking
Comply with NBMC requirements for off - street
During 8/5/11
parking in residential zones.
inspection, garage
spaces at 4800
Seashore not clear
for parking.
In compliance as of
8/16/11.
24 -Hour Hotline
Continuously operate 24 -hour hotline for receiving
In compliance.
inquires and /or complaints re: its operation of
Hotline: (949) 554 -
facilities.
1147
Quiet Hours
All residents to be inside during quiet hours:
In compliance. No
Sun. - Thurs.: 10 p.m. — 7 a.m.; Fri. -Sat.: 11 p.m. — 7
complaints received.
a.m.
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October 11, 2011
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Regulation
Specific Requirement
Status
Route Plans
Good faith efforts to adhere to required route plans
Complaint received;
for transport of clients
van driver not
adhering to route
In Compliance
plans. SLBTS staff
4500/4504 Seashore
In Compliance
met with all van
12644 th Street
drivers and sent
This facility opened in Dec.
written notice re:
2010.
re uirements 8/8/11.
Deliveries of Goods
Accept deliveries during customary times in
In compliance. No
and Services
residential areas
complaints received.
Clients per bedroom
2 clients per bedroom unless size of structure
In compliance.
warrants more for any single bedroom.
2 garage spaces partially
The Code Enforcement Division conducted on -site interior inspections of seven SLBTS
facilities in January and August this year, and exterior inspections of all SLBTS facilities
on September 8, 2011. A copy of the Code Enforcement inspection reports are
provided in Attachment K, and a summary of dates and locations of facility inspections
are provided in the table below:
Table 2 — SLBTS Facilitv Inspections
Inspection
Facility Address
Inspection Results
Comments
Date
January 31, 2011
11240 Street
In Compliance
4500/4504 Seashore
In Compliance
12644 th Street
In compliance
This facility opened in Dec.
2010.
August 5, 2011
112 40th Street
In Compliance
12644 1 Street
In Compliance
4800 Seashore Dr.
2 garage spaces partially
Confirmed spaces cleared in
obstructed w/ supplies.
follow -up inspection 8/8/11.
SLBTS advised spaces
must be clear for parking.
5101 River Ave. #B
Complaint filed re:
SLBTS has notified van
transport van parking in
drivers to pick up and drop
red curb zone to drop off
off these clients at 5004
clients.
Neptune Avenue facility. No
further complaints.
Sept. 8, 2011
External Inspection of
505 29 Street — improper
Code Enforcement advised
all facilities
maintenance and /or
SLBTS on 9/13/11 that all
placement of trash
receptacles must have lids
receptacles.
and be stored in contained
area. Conditions have been
corrected as of 9/16/11.
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Annual Review of Zoning Implementation and Public Benefit Agreement for Sober
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Calls for Service and Other Complaints
The Newport Beach Police Department (NBPD) has reviewed calls for service related to
the SLBTS facility addressed for the period of October 1, 2010 through August 31,
2011. The NBPD found the following calls were either submitted by the public relating
to a SLBTS facility address reporting a complaint or by persons residing in a SLBTS
facility requesting assistance during this period, as summarized in the table below:
Table 3 — Calls for Service
Date & Location
Complaint
7/4/11
Suspicious circumstances — House vacant; people have broken gate
4711 Seashore Dr.
and are on patio (occurred on 7/4/11, when SLBTS clients vacated
39th Street
property for day.)
4/2/11
Suicide threats — SLBTS staff called requesting assistance re: former
505 29th Street
tenant refusing to leave and threatening suicide.
7/15/11
Petty theft — Report of persons attempting to steal bicycles by either
3980 Seashore Dr.
cutting or picking locks.
12/15/10
Disturbance /Intoxicated individual — Individual expelled from program,
3980 Seashore Dr.
appears to be intoxicated and refuses to leave facility.
8/26/10
Suspicious circumstances — Homeless person found inside facility
4500 Seashore Dr.
eating food; would not leave when first asked.
1/16/11
Possible intoxicated individual — Person entered facility, appeared to be
126 44th Street
intoxicated, left when yelled at by reporting a .
10/5/10
Parking violation
4800 Seashore Dr.
4/15/11
Parking violation /driveway blocked
5004 Neptune Avenue
1/31/11
Parking violation /parked in middle of street
5004 Neptune Avenue
1/1/11
Disturbance /party — "Shady" subjects hanging out outside.
5004 Neptune Avenue
The Code Enforcement Division has reviewed other complaints received by the City
during this time period, as summarized in the table below:
Table 4 — Other Complaints Received by the Citv
Date & Location
Complaint
Resolution
12/27/10
Transport vans using River Ave.
SLBTS was notified of the complaint.
39th Street
and the 200 block of 39th St.
SLBTS advised City that the issue
had been addressed with their drivers.
Drivers subject to reprimand or
termination for violations of route
tans.
4/22/11
SLBTS vehicles parked blocking
Supporting evidence was insufficient
5101 River Avenue
I sidewalk
I to establish violation. City staff to
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Annual Review of Zoning Implementation and Public Benefit Agreement for Sober
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October 11, 2011
Page 8
Date & Location
Complaint
Resolution
monitor facility.
4/26/11
SLBTS vehicles parked blocking
No Violation. Vehicles belonged to
5101 River Avenue
sidewalk
tenants of Unit A. Property manager
notified of violation.
5/30/11
Transportation vans parked in
No Violation. Reporting party was
2811 Villa Way
metered parking spaces with
advised that SLBTS has purchased
expired meters
annual /master parking permits for its
transportation vans.
6/10/11
Garage not accessible for parking
SLBTS was notified of the violation.
4800 Seashore Dr.
City staff verified that the storage had
been removed and the garages were
clear for parking.
6/28/11
SLBTS vehicles parked blocking
No Violation. Vehicles belonged to
5101 River Ave.
sidewalk
tenants of Unit A. Property manager
notified of violation.
6/28/11
SLBTS van unloading clients in red
SLBTS was notified of the violation.
5101 River Ave.
curb zone
Residents of 5101 River Ave are
picked up at an alternate location.
7/13/11
Van 6- Unsafe driving, violation of
SLBTS was notified of the complaint.
200 Block of 391h St.
route plan
Van driver was counseled and all
SLBTS drivers are required to attend
monthly meetings to discuss
transportation of clients.
7/22/11
Van 6- Unsafe driving, violation of
SLBTS was notified of the complaint.
200 Block of 39th St.
route plan
Van driver was counseled and all
SLBTS drivers are required to attend
monthly meetings to discuss
transportation of clients.
7/25/11
White van- unsafe driving, violation
SLBTS notified of concern. No further
39th Street
I of route plan
I complaints.
9/27/11
Loud voices and noise from clients
SLBTS notified of complaint. Ping
2811 Villa Way
playing ping pong on covered patio
pong table removed to address issue.
Parking or Moving Violations
Although not required by the Zoning Agreement, staff has also reviewed the City's
parking and moving citation records for SLBTS transport vans holding Master Parking
Permits. It should be noted these citations do not represent a violation of the terms of
the Zoning Agreement.
During the period of October 1, 2010, through August 31, 2011, the following parking
and moving violations occurred.
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Annual Review of Zoning Implementation and Public Benefit Agreement for Sober
Living by the Sea, Inc. (PA2010 -150)
October 11, 2011
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Table 5 — Parkina Citations
Vehicle
Parking Citation
General Location
Date
Van
Parking in Red Zone
Villa Way
10/5/10
Van
Parking in alley
46 Street
10/08/10'
Suburban
Parking violation
48 Street
10/27/10
Van
Parking in Red Zone
40 �St. & Seashore Dr.
11/4/10
Van
Parking in Fire Lane
3400 Via Oporto
11/9/10
Van
Parking in Red Zone
Lafayette Ave
2/25/11
Van
Parking on Sidewalk
515 St. and River Ave.
4/1/11
Silver
Nissan
Parking violation
Cannery Village Lot
5/11/11
Van
Parking on Sidewalk
51 st St, between River &
Neptune
5/25/11
Honda
Parking violation
Seashore Dr.
6/6/11
Silver
Nissan
Parking violation
Lafayette Ave.
7/6/11
Tan Jeep
Parking violation
44 St., rear
8/9/11
Grey
Plymouth
Parking in Red Zone
29 St. and Lafayette Ave.
8/17/11
('Reported in 2010 Annual Compliance Review staff report)
Table 6 — Movina Citations
Vehicle
Moving Citation
General Location
Date
Ford
E350
Cell phone use while driving without
hands -free device
Balboa Blvd. and 32nd St.
8/16/11
SLBTS's Director of Operations met with all drivers on August 10, 2011, and again on
September 15, 2011, to reiterate the absolute need to comply with and obey all local
laws related to driving and /or parking in the City. (See Attachment L for copy of SLBTS'
email to all transport van drivers.)
Conclusion:
Staff is of the opinion that SLBTS has made good faith efforts to comply with all terms of
the Zoning Agreement, including the securing of off -site parking for the Villa Way facility.
Based on the information and attachments provided in this report, staff recommends
that the City Council:
1. Find SLBTS has demonstrated good faith compliance with the terms of the Zoning
Agreement; and
2. Receive and file the documents submitted by SLBTS to demonstrate good faith
efforts and compliance with the Zoning Agreement.
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Annual Review of Zoning Implementation and Public Benefit Agreement for Sober
Living by the Sea, Inc. (PA2010 -150)
October 11, 2011
Page 10
The next annual review will be presented to the City Council for consideration at the
second meeting in July 2012, consistent with review protocol prepared by the Office of
the City Attorney.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions
by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential to have a significant effect on the
environment. This section exempts actions by regulatory agencies to enforce or revoke
a lease, permit, license, certificate, or other entitlement for use issued, adopted, or
prescribed by the regulatory agency or enforcement of a law, general rule, standard, or
objective, administered or adopted by the regulatory agency.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Notice of this hearing was published in the Daily Pilot, mailed to all owners and
occupants of property within 300 feet of the boundaries of each of the property
locations, and mailed to the applicant at least 10 days prior to this hearing, consistent
with the provisions of the NBMC. Notice of this hearing was also posted at each
property location at least 10 days prior to this hearing.
Submitted by:
Kimberly t, AICP
Community Development Director
Submitted by:
14"'�- C, " C. Harp
City Attorney
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Annual Review of Zoning Implementation and Public Benefit Agreement for Sober
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October 11, 2011
Page 11
Attachments: A. SLBTS Documents Demonstrating Compliance
B. Zoning Agreement
C. November 9, 2010, City Council Minutes
D. Zoning Agreement Administrative Protocol Memorandum
E. Villa Way Facility Matrix
F. Letter of Intent for Off -Site Parking Spaces
G. SLBTS Compliance Reports
H. Inventory of SLBTS Client Beds as of June 2011
I. Map of SLBTS Facilities — Open and Closed as of June 2011
J. SLBTS Compliance Matrices: Overall Compliance Matrix and
Individual Facilities Matrices
K. Code Enforcement Inspection Reports
L. SLBTS email to Transport Van Drivers
11
12
Attachment A
SLBTS Documents Demonstrating
Compliance
is
14
Sober Living by the Sea
Annual Report to City of Newport Beach
September 6, 2011
Exhibit B — Applicable Regulations
In accordance to the Zoning Agreement there shall be no more than 204 beds occupied in
the City at any time by persons who are patients, clients or customers of Sober Living by
the Sea and there shall be no more than 156 beds occupied in total in those parts of the
City referred to as the Peninsula Zone.
As of June 30, 2011 Sober Living by the Sea (SLBTS) managed or controlled the
following facilities in Newport Beach:
SLBTS FACILITIES
Property Address
Peninsula
Zone
(Y or N)
Treatment Bed Count
ADP
License
(Y or N)
Peninsula
Off
Peninsula
4138 Patrice
6
Pending
4711 Seashore
Y
6
Y
4711 '/z Seashore
Y
2
N
505 29'" Street
Y
6
Y
3980 Seashore
Y
6
Y
112 40" St Unit A
Y
0 2 staff)
N
112 40" St Unit B
Y
6
N
4500 /4504 Seashore
Y
10
Y
126 44'" St, units A &B
Y
9
Pending
4800 Seashore, units A& B
Y
9
Y
5004 Neptune, unit A
Y
6
N
5004 Neptune, unit B
Y
6
N
5101 River, unit B
Y
6
Y
6110 West Ocean Front
Y
6
Y
6111 Seashore
Y
6
Y
Total Bed Count: 90 — Since the last report no beds have been closed and no beds have been added
Sober Living is in compliance with this requirement
#9 of Applicable Regulations: SLBTS is not operating a Facility that is within 1,000 feet
of any NMUSD elementary school or the large commercial State - licensed day care
facility
#10 of Applicable Regulations: Sober Living has not established or operating a facility at
any location which is adjacent to the 36 1h Street Tot Lot or Marina Park Tot Lot.
115
Operational Regulations — Exhibit B
#1 of Operational Regulations: No parolee or parolees from the California Department of
Corrections or its equivalent in any other State or the Federal Bureau of Prisons in any of
its Facilities located in the City
#2 of Operational Regulations: SLBTS is in complete compliance with disposal of
medical waste if indeed this is necessary. SLBTS is not a medical facility and does not
deal with medical waste issues but if necessary all staff is instructed in proper procedures.
#3 of Operational Regulations: SLBTS makes great efforts to comply with "trash lid
coverage" regulation. On one occasion there was an incident of the trash lid off the
container. House parents informed and instructed to check on this situation a minimum
of 3 times a day.
#4 of Operational Regulations: Sober Living makes good faith efforts to prevent second
hand smoke from leaving the facility. No complaints received
#5 of Operational Regulations: Sober Living complies with all City code provisions
requiring off street parking in residential zones. No complaints received
#6 of Operational Regulations: Sober Living continuously operates a 24 hour per day
hotline for receiving inquiries and/or complaints. The number is 949.554.1147. No
complaints received
#7 of Operational Regulations: Quiet hours have been observed as outlined in the Zoning
Agreement. These hours are Sunday through Thursday 10 pm to 7 am and Friday through
Saturday 11 pm to 7 am. No complaints have been received.
# 8 of the Operational Regulations: A citizen's complaint was made to the City regarding
Van 06 deviating from the approved driving route plan. Apparently, Van 06 was
observed making a left onto 39 °i Street from River Ave. In addition, according to the
complaint, Van 06 proceeded up 39'x' Street and turned right onto W. Balboa Blvd
without making a complete stop at the stop sign.
SLBTS response — Director of Operations and Director of Extended Care met with all
drivers and reviewed the driving route. All drivers were given a copy of the approve route
plan and the route was review with each driver. In addition, the Executive Director
attended the Driving Staff Meeting on Aug 10 °i to reiterate the absolute need for
compliance. It was announce in the meeting that any driver found to be in violations of
this regulation will face disciplinary action, up to and including termination.
#9 of the Operational Regulations: SLBTS is in compliance with the regulations related
to deliveries of goods and services. No complaints received
10
#10 of the Operational Regulations: SLBTS willing participates in activities of any stake
holder committee or group established by the City to address complaints and concerns of
residents of the City. To date no such participation has been requested.
#11 of the Operational Regulations: SLBTS strictly adheres to the regulation which does
not allow for no more then two (2) clients are in any bedroom in the Facilities.
17
Operations for Villa Way Facility, Newport Beach
In accordance with the letter dated August 2006 which addresses the operations of Villa
Way the following is submitted:
Parking Lot: SLBTS had identified property at the point of Villa Way and Lafayette and
intended to lease this property since the end of 2005. To that end, SLBTS (at their
expense) installed curbs and gutters around the property. Unfortunately completion of all
other work has been delayed by the owner of the property. SLBTS has sent dozens of
entails, letters and phone calls to get the owners of the property to act to no avail. Our
last effort was on December 16, 2010 our attorney Ed Dilkes went to the office of Mr.
Ballard's (no appointment) to speak with him about the parking lot lease since Mr.
Ballard was completely unresponsive to SLBTS request for status updates. He waited
several hours but was not able to speak with Mr. Ballard. Mr. Dilkes eventually left his
card and requested a return call but again Mr. Ballard did not respond.
Multiple attempts to find other parking alternatives are as follows:
1. In April 2011 submitted to the City a potential parking structure at 3434 Via Lido
called Marine Village Parking. Could not get it approved given the structure was
over 2,000 feet from the Villa Way offices
2. In April 2011 there were two opportunities with Diamond Parking
a. Via Oporto which Diamond Parking agreed to leasing 13 spaces but
SLBTS was informed by the City that the lot was scheduled to be taken
down
b. 32"' and Villa Way— Diamond Parking said that all spaces were leased
3. 3011 Balboa (Malarkey's). Contact was made with Mr. Marovic on June 15 "' to
discuss the potential of leasing 13 parking stalls. The lease cost of
$200 /month/stall is considerably more then what SLBTS can afford. Mr. Marovic
stated we should contact him once the summer months pasted. On Aug 91h
SLBTS contact Mr. Marovic again to discuss leasing parking stalls for the winter
months. At this time we have not heard back from Mr. Marovic
4. Additional efforts to lease less then 13 spaces at different locations (one, two, or
three spaces at a time) — contact made in mid- August
a. Russ Fluter at Cannery Village Marina, 2700 Newport Blvd — awaiting a
decision
b. El Ranchito Restaurant at 2800 Newport Blvd — none available
c. Neil Powers at 2810 Newport Blvd —willing to lease three spaces on his
private property
° Over the last six months SLBTS and the City of Newport Beach have been in close communication
regarding our efforts to locate off - street parking .
Group Size /Frequency Compliance Report: SLBTS is in compliance with the numbers of
groups and clients permitted to attend meetings at 2811 Villa Way. SLBTS maintains a
12
calendar of meetings and an attendance data for each group. SLBTS then summarizes
this information into a tracking report that outlines the exact number of clients that have
attended the meetings scheduled at Villa Way. The numbers are well within the permitted
limits.
Attendance Tracking Form
Jan, 2011
Week 1
Week 2
Week 3
Week 4
Meetings
Attendee
Meetings
I Attendee
Meetings
I Attendee
Meeting
Attendee
(2011)
14
10 -Jan
13
17 -Jan
13
24 -Jan
13
03 -Jan
14
10 -Jan
13
17 -Jan
13
24 -Jan
13
03 -Jan
13
11 -Jan
12
18 -Jan
13
25 -Jan
12
04 -Jan
10
11 -Jan
it
18 -Jan
11
25 -Jan
11
05 -Jan
14
12 -Jan
13
19 -Jan
13
26 -Jan
13
05 -Jan
16
12 -Jan
I1
19 -Jan
II
26 -Jan
11
06 -Jan
13
13 -Jan
13
20 -Jan
13
27 -Jan
13
06 -Jan
9
13 -Jan
4
20 -Jan
7
27 -Jan
4
14 -Jan
13
21 -Jan
13
28 -Jan
13
14 -Jan
7
21 -Jan
4
28 -Jan
7
Attendees
12.7
Attendees
I1
Attendees
11.1
Attendees
11
Meetings
7
Meetings
10
Meetings
10
Meetings
10
Feb, 2011
Week 1
Week 2
Week 3
Week 4
Meetings
Attendee
Meetings
Attendee
Meetings
Attendee
Meeting
Attendee
01 -Feb
14
07 -Feb
13
14 -Feb
15
21 -Feb
13
01 -Feb
14
07 -Feb
13
14 -Feb
13
21 -Feb
13
02 -Feb
14
08 -Feb
13
15 -Feb
13
22 -Feb
13
02 -Feb
10
08 -Feb
10
14 -Feb
10
22 -Feb
11
03 -Feb
13
09 -Feb
13
16Feb
14
23 -Feb
13
03 -Feb
13
09 -Feb
13
16 -Feb
14
23 -Feb
13
10 -Feb
13
17 -Feb
13
24 -Feb
13
10 -Feb
7
17 -Feb
7
24Feb
7
I1 -Feb
12
18 -Feb
14
25Feb
14
11 -Feb
3
18 -Feb
3
25Feb
3
Attendees
13
Attendees
11
Attendees
11.6
Attendees
11.3
Meetings
6
Meetings
10
Meetings
10
Meetings
10
49
March, 2011
Week 1
Week 2
Week 3
Week 4
Meetings
I Attendee
Meetings
Attendee
Meetings
I Attendee
Meeting
Attendees
01 -March
15
07 -March
16
14 -March
16
21 -March
15
01 -March
15
07March
16
14 -March
16
21 -March
17
02 -March
3
08 -March
16
15 -March
17
22 -March
17
02 -March
10
08 -March
15
15 -March
15
22 -March
14
03 -March
15
09- Marclr
9
16 -March
18
23 -March
17
03 -March
15
09 -March
16
16 -March
18
23 -March
17
04 -March
15
10 -March
12
17-March
15
24-March
16
04 -March
9
10 -March
8
17 -March
8
24 -March
8
11 -March
16
18 -March
14
25-March
16
I1 -March
7
19 -March
7
25 -March
7
Attendees
12.1
Attendees
13.1
Attendees
14.4
Attendees
14.4
Meetings
08
Meetings
10
Meetings
10
Meetings
10
March (con It)
Week 5
Meetings
Attendees
28 -March
16
28 -March
16
29 -March
16
29 -March
15
30 -March
16
30 -March
15
31 -April
10
31 -April
14
Attendees
14.7
Meetings
8
20
April, 2011
Week 1
Week 2
Week 3
Week 4
Meetings
Attendee
Meetings
Attendee
Meetings
Attendee
Meetings
Attendees
01 -Aprll
14
11 -April
14
18 -April
15
25 -April
14
01 -April
.10
11 -April
15
18 -April
15
25 -April
14
04 -April
14
12 -April
15
19 -April
15
26 -April
14
04 -April
19
12 -April
18
19 -April
18
26 -April
18
05 -April
14
13 -April
14
20 -April
15
27 -April
15
05 -April
13
13 -April
14
20 -April
15
27 -April
15
06 -April
15
14 -April
14
21 -April
15
28 -April
is
06 -April
14
14 -April
10
21 -April
10
28 -April
10
07 -April
14
15 -April
15
22 -April
15
29 -April
15
07 -April
9
15 -April
9
22 -April
9
29 -April
9
Attendees
13.6
Attendees
13.8
Attendees
14.2
Attendees
13.9
Meetings
10
Meetings
10
Meetings
Meetings
10
10
10
10
May, 2011
Week 1
Week 2
Week 3
Week 4
Meetings
Attendee
Meetings
Attendee
Meetings
Attendee
Meeting
Attendees
02 -May
16
9 -May
16
16 -May
15
23 -May
16
02 -May
16
9 -May
16
16 -May
15
23 -May
16
03 -May
16
10 -May
16
17 -May
15
24 -May
16
03 -May
20
10 -May
20
17 -May
19
24 -May
20
04 -May
16
11 -May
16
18 -May
17
25 -May
16
04 -May
16
11 -May
16
18 -May
16
25 -May
16
05 -May
16
12 -May
16
19 -May
16
26 -May
16
05 -May
16
12 -May
16
19 -May
16
26 -May
10
06 -May
10
13 -May
10
20 -May
10
27 -May
16
06 -May
16
13 -May
16
20 -May
16
27 -May
10
Attendees
15.8
Attendees
15.8
Attendees
15.5
Attendees
15.2
Meetings
10
Meetings
10
Meetings
Meetings
10
10
Week 5
30 -May
15
31 -May
14
Attendees
14.5
Meetings
2
2-1
June 2011
Week 1
Week 2
Week 3
Week 4
Meetings
Attendee
Meetings
Attendee
Meetings
Attendee
Meeting
Attendees
01 -June
14
06 -June
15
13 -June
16
20 -June
16
01 -Juue
16
06 -June
13
13 -June
15
20 -June
16
02 -June
16
07 -June
13
14 -June
15
21 -June
16
02 -June
20
07 -June
20
14 -June
19
21 -June
20
02 -June
16
08 -June
16
14 -June
17
22-June
16
03 -June
20
08 -June
18
15 -June
16
22 -June
16
09 -June
12
15 -June
15
23 -June
16
09 -June
15
16 -June
16
23 -June
10
10 -June
10
17 -June
20
24 -June
16
10 -June
20
24 -June
10
Attendees
17
Attendees
15.2
Attendees
16.5
Meetings
06
Meetings
10
Meetings
09
Attendees
15.2
Meetings
10
Week 5
27 -June
15
27 -June
16
28 -June
14
28 -June
15
29 -June
20
29 -June
15
30 -June
20
Attendees
16.5
Meetings
7
22
Attachment B
Zoning Agreement
23
24
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Office of the City Attorney
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658
Recorded in Official Records, Orange County
Tom Only, Clerk- Rocordor
IIIIII�IiIIi IIIIIIIIIIIII�111111M1110IIIIIiIIIIIIIII1IIIINO FEE
2009000577876 01:49pm 10/23/09
216 28 Al2 31
0.00 0,00 0.00 0.00 0100 0.60 0.00 0.00
[Exempt from Recordation Fee per Government Code Section 27383
Not Compared with &9inal
ZONING IMPLEMENTATION
AND
PUBLIC BENEFIT AGREEMENT
215
Zoning Agreement
ZONING IMPLEMENTATION
AND PUBLIC BENEFIT AGREEMENT
(Pursuant to Callfornia Government Code § §65864 - 65869.5)
This Zoning Implementation and Public Benefit Agreement (the "Zoning Agreement ") Is
entered into on September 30. 2009, by and between the CITY OF NEWPORT BEACH, a
charter city ( "City') and SOBER LIVING BY THE SEA, INC., a CALIFORNIA CORPORATION,
COMPREHENSIVE ADDICTION PROGRAMS, INC., a Delaware Corporation, CRC HEALTH
CORPORATION, a Delaware Corporation, CRC HEALTH GROUP, INC., a Delaware
Corporation (collectively referred to as "Operator"). City and Operator and Operator's Affiliates
as herein defined, are sometimes collectively referred to in the Zoning Agreement as the
"Parties" and Individually as a "Party."
RECITALS
A. The City Council hereby finds this Zoning Agreement is consistent with
provisions of California Government Code §65867, and the City of Newport Beach Municipal
Code Chapter 15.45 and the City's General Plan.
B. On November 20, 2008, City's Planning Commission held a public hearing on
this Zoning Agreement, made findings and determinations with respect to this Zoning
Agreement, and recommended to the City Council that the City Council approve this Zoning
Agreement.
C. On January 27, 2009, the City Council also held a public hearing on this. Zoning
Agreement and considered the Planning Commission's recommendations and the testimony
and Information submitted by City staff, Operator and members of the public. On February 10,
2009, pursuant to the applicable state law (California Government Code § §65864- 65869.5) and
local law (City of Newport Beach Municipal Code Chapter 15.45), the City Council passed Its
Ordinance No. 0� 09.4 finding this Zoning Agreement to be consistent with the City of Newport
Beacl,f13u ral Plan and approving this Zoning Agreement.
D. This Zoning Agreement allows Sober Living a vested right to: (1) operate 156
beds of recovery facilities within the area they are currently operating, and as more particularly
defined In Exhibit D attached (the "Peninsula Zone "); and (ti) up to an additional 48 beds
outside of the Peninsula Zone and within zones accommodating multifamily residential uses, in
compliance with the terms of this Zoning Agreement,
E. This Zoning Agreement also memorializes uses granted to and conditions agreed
to by Sober Living on August 25, 2006 regarding Its administrative offices at 2811 Villa Way
(Exhibit C attached hereto). —
AGREEMENT
NOW, THEREFORE, City and Operator agree as follows:
1. Definitions. The following terms when used in this Zoning Agreement shall have
the meanings set forth below;
20
Zoning Agreement
A. "Affiliate' shall mean a person or entity that is directly or indirectly controlled by
Operator.
B. "City Council" shall mean the governing body of City.
C. "Control" (Including the terms "controlling," "controlled by," and "under common
control with ") shall mean the possession, direct or indirect, of the power to direct or cause.the
direction of the management and policies of a person, whether through the ownership of voting
securities, by contract, or otherwise.
D. "Facility' (or "Facilities ") is a residential unit used or occupied by persons In
recovery from alcoholism and or drug abuse. Facilities may be "Licensed Facilities" or "Sober
Living Homes." As used in this Agreement, all Facilities constitute "residential care facility' uses
within the context of the City's zoning ordinance.
E. "General Plan" shall mean City's 2006 General Plan adopted by the City Council
on July 25, 2006, by Resolution No. 2006 -76. The Land Use Plan of the Land Use Element of
the General Plan was approved by City voters in a general election on November 7, 2006.
F. "Licensed Facilities" shall mean alcoholism and drug abuse recovery facilities
licensed by the California Department of Alcohol and Drug Programs ("ADP ").
G. "Party' or "parties° shall mean either City or Operator or any of Operator's
Affiliates or both, as determined by the context.
H. "Property' is described in Exhibit A and consists of a list of addresses of
properties currently operated by Operator as Licensed Facilities and Sober Living Homes in R-
1, R -1 %, R -2 and multi- family residential ( "MFR") and certain Specific Plan District zones within
City. "Property' Includes the rights to operate all of those properties as well as other properties
not presently identifiable which may be utilized by Operator as Facilities hereunder.
I. "Sober Living Homes" shall mean alcoholism and drug abuse recovery facilities
not licensed by ADP.
J. "Term° shall have the meaning ascribed in Section 11 of this Zoning Agreement.
2. Significant Public Benefits. The significant public benefits that this Zoning
Agreement provides Include, but are not limited lo:
A. Settlement and avoidance of costs of a pending lawsuit, including attorneys fees;
B. Preservation of the regulatory ordinance which was the subject matter of the lawsuit,
C. Requested termination of a related federal administrative proceeding,
D. A reduction of and limitation on the size of a residential care operation in the City,
Including a limitation on 6 or under Licensed Facilities,
E. Dispersal of Licensed Facilities and Sober Living Homes to reduce the concentration
thereof;
27
Zoning Agreement
F. The placement of operational controls on said facilities to reduce perceived negative
Impacts on residential neighborhoods.
3. General Plan Consistency and Zoning Implementation. This Zoning Agreement
and the regulations applied herein to the Property ( "Applicable Regulations" hereinafter) will
cause City's zoning and other land use regulations for the Property to remain consistent with the
General Plan.
4. Warranties and Representations, Both parties represent that they have legal
authority to enter Into this Zoning Agreement and the remainder of the agreements and
documents that comprise the settlement documents herein, and that the necessary
authorizations have been obtained, by resolution or other action, and that the persons whose
names appear as signatories below were authorized to accept this Zoning Agreement on behalf
of the Party under whose name they signed.
A. Each Party specifically represents and warrants that It has the legal authority to enter
Into a Zoning Agreement of the type and kind herein, and,
B. The City represents and warrants that this Zoning Agreement and the regulations
applied to the Property ("The Applicable Regulations") are:
I. Consistent with the General Plan for the City and any Specific Plans that apply to
the area in which any portion of the Property is located, and
H. Consistent with the Local Coastal Land Use Plan ( "CLUP) for the City of Newport
Beach and that the CLUP has been approved by the California Coastal
Commission,
5. Operation of Property: Aoolicable Regulations. Other then as expressly set forth
In this Zoning Agreement, during the Term of this Zoning Agreement, the terms and conditions
concerning the operation of the Property, including but not limited to the permitted uses and
density and intensity of use and the location of buildings Involved shall be those set forth in the
"Applicable Regulations" delineated in Exhibit B and as set forth in Section 6 below, During the
term of this Zoning Agreement, City shall not prevent operation of the Property that is in
compliance with the Applicable Regulations and all other applicable laws and regulations
specified in Section 9 hereof.
6. Operator's Vested Rights. During the Term of this Zoning Agreement, except to
the extent City reserves its discretion as expressly set forth in this Zoning Agreement or in the
Applicable Regulations and all other applicable laws and regulations specified in Section 9
hereof, Operator shall have the vested right, within the limits and constraints of the Applicable
Regulations, to conduct its operation of Licensed Facilities and Sober Living Homes on the
Property. The letter from City to Operator dated August 25, 2006 regarding Operator's leased
office and meeting facility at 2811 Villa Way ( "Villa Way") is incorporated herein by reference as
Exhibit C. City acknowledges that Operator has complied with all conditions set out In Exhibit
C except for Paragraph 12 relating to parking, City acknowledges Operator has been exercising
due diligence to complete the parking lot which is unfinished due to circumstances beyond
Operator's control. Operator agrees to use good faith efforts to get the parking lot at Villa Way
completed. In the event meetings are no longer held at Villa Way, the currently permitted non-
conforming right to use said property as an office use shall continue until termination of this
Zoning Agreement, The Operator's leased property at 505 291" Street, commonly known as
22
Zoning Agreement
"The Victorian; is a legal nonconforming single family residence and shall be treated as a
Licensed Facility. In the event Ordinance No. 2008.5 is repealed by action of the City Council
or the electorate or If said Ordinance is declared Invalid or unenforceable by a court of
competent jurisdiction, then the Operator will no longer be bound by the provision of Paragraph
6 of Exhibit B as to the limit of one licensed Facility or Sober Living Home per block in the event
other operators open facilities on the same block.
7. Pollee Power. In all respects not provided for in this Zoning Agreement, City
shall retain full rights to exercise City's police power to regulate the operation of Residential
Care Facilities on the Property provided such powers are applied consistently with the
provisions of state law and Section C2 of Exhibit B to this Zoning Agreement.
8. No Conflicting Enactments; During the Term of this Zoning Agreement City shall
not apply to the Property any City- adopted ordinance, policy, rule, regulation, or other measure
relating to the operation of Facilities on the Property to the extent it conflicts with this Zoning
Agreement,
9, Reservations of Authorlty. Notwithstanding any provisions set forth In this Zoning
Agreement to the contrary, the laws, rules, regulations, and official policies set forth in this
Section 9 shall apply to and goviiM the development and operations of the Property:
A. Procedural Regulations, Then current procedural regulations relating to hearing
bodies, petitions, applications, notices, findings, records, hearings, reports,
recommendations, appeals, and any other matter of procedure shall apply to the
Property, provided that they are adopted and applied Cfly -wide or to all other
properties consistent with the provision of Section C2 of Exhibit B.
B. Consistent City Regulations. City ordinances, resolutions, regulations, and official
policies governing development and building which do not conflict with the Applicable
Regulations, or with the provisions of Section 02 of Exhibit B where Operator has
consented in writing to the regulations, shall apply to the Property.
C. Public Health end Safely. Any City ordinance, regulation, rule, regulation, program,
or official policy, that Is necessary to protect persons on the Property or in the
immediate community from conditions dangerous to their health or safety shall apply
to the Property, consistent with Section C2 of Exhibit B.
10. No A e c . Neither Party is acting as the agent of the other in any respect, and
each Party is an independent contracting entity with respect to the terms, covenants, and
conditions contained in this Zoning Agreement. This Zoning Agreement forms no partnership,.
joint venture, or other association of any kind. The only relationship between the Parties is that
of a government entity regulating the operation of private property by the owner or lessee of the
property.
11. Effective Date: Term, This Zoning Agreement shall not become effective, and
except as set forth in Subsection C of this Section 11, neither party shall have any rights or
obligations hereunder, until the "Effective Date."
A, Effective Date of This Zoning Agreement : This Zoning Agreement shall become
effective on:
:9
Zoning Agreement
I. The 91st day following the City Council's passage of the ordinance approving this
Zoning Agreement, or
Ii. If a referendum or other elective challenge to the ordinance approving this
Zoning Agreement qualifies to be placed on the ballot, then on the 31st day after
the City Clerk certifies that the referendum or other elective challenge ties felled
to pass, or
iii, If litigation is instituted to challenge this Zoning Agreement prior to the Effective
Date established in accordance with Section 11 A. I. and 1i above, then on the
31st day after the litigation is terminated, the time for appeal has expired, and the
legal challenge has been unsuccessful.
B. Term, The term of this Zoning Agreement (the "Term ") shall commence on the Effective
Date and shall expire at the conclusion of the 25th year thereafter. However in no event
shall the term of this Zoning Agreement exceed thirty (30) years after Its execution.
C. Stay of. Ordinance 2008.05 Pending Effective Date. Prior to the effective date of the
ordinance adopting this Zoning Agreement, or that date upon which It becomes clear
that there shall be no Effective Date, whichever is later, the Operator's use permit
process shall be tolled, and the City shall not otherwise enforce the provisions of
Ordinance 2008 -5.
12. Amendment or Cancellation of Zoning Agreement. Other than modifications of
this Zoning Agreement under Section 90 of this Zoning Agreement, this Zoning Agreement may
be amended or canceled In whole or in part only by mutual written and executed consent of the
Parties in compliance with California Government Code §65868 and City of Newport Beach
Municipal Code §15.45.060.
13. Enforcement. Unless amended or canceled as provided in Section 12 of this
Zoning Agreement, or modified or suspended pursuant to California Government Code
§65869.5, this Zoning Agreement is enforceable by either Party despite any change In any
applicable general or specific plan, zoning, subdivision, or building regulation or other applicable
ordinance or regulation adopted by City (Including by City's electorate) that purports to apply to
any or all of the Property,
14. Periodic Review of Compliance. City and Operator shall each comply In good
faith with the terms of this Zoning Agreement. The Parties shall review this Zoning Agreement
at least once every 12 months from the Effective Date for good faith compliance with Its terms
consistent with California Government Code §65865 and §65865,1 and City of Newport Beach
Municipal Code §15.45.070. At the reviews, Operator shall demonstrate Its good faith
compliance with this Zoning Agreement and shall document the current status of Its operation.
Operator also agrees to furnish evidence of good faith compliance as City may require In the
reasonable exercise of its discretion and after reasonable notice to Operator. On or before
December 31 and June 30 of each year during the Term of this Zoning Agreement, Sober Living
shall submit a Compliance Review Report, whose template is attached as Exhibit G. The
requirement of good faith compliance shall be met upon the submittal to the City of an accurate
form showing Information relating to facility locations and bed counts. City shall have the right
to audit the accuracy of the form through on -site Inspections of the Facilities at mutually -
agreeable times and during regular business hours.
30
Zoning Agreement
15. Events of Default.
A. Default by Operator, Pursuant to California Government Code §65865.1, if City
determines that Operator has not complied in good faith with Operator's obligations pursuant to
this Zoning Agreement, City shall by written notice to Operator specify the manner in which
Operator has failed to comply and state the steps Operator must take to bring Itself Into
compliance. If Operator does not commence compliance within 30 days after receipt of the
written notice from City specifying the manner in which Operator has failed to comply, and
diligently pursue steps to achieve full compliance, then Operator shall be deemed to be in
default under the terms of this zoning Agreement, City may then seek available remedies as
provided in Section 15.0 of this Zoning Agreement.
B. Default by City, if City has not complied with any of Its obligations and limitations
under this Zoning Agreement, Operator shall by written notice to City specify the manner in
which City has failed to comply and state the steps necessary for City to bring Itself Into
compliance. If City does not commence compliance within 30 days after receipt of the written
notice from Operator specifying the manner In which City has failed to comply, and diligently
pursue steps to achieve full compliance, then City shall be deemed to be in default under the
terms of this Zoning Agreement. Operator may then seek a specific performance or similar
equitable remedy as provided in Section 15.0 of this Zoning Agreement
C. Specific Performance and Damages Remedies. The Parties acknowledge that
remedies at law generally are Inadequate and that specific performance Is appropriate for the
enforcement of this Zoning Agreement, The remedy of specific performance or, in the
alternative, a writ of mandate, shall be the sole and exclusive remedy available to either Party In
the event of the default or alleged default by the other. Prior to exercising such a remedy, the
Party seeking to do so shall submit the matter to nonbinding arbitration through JAMS or
another arbitrator mutually acceptable.
D. Recovery of Legal Expenses by Prevailing Party in Any Action, In any judicial
proceeding ( "Action ") between the Parties that seeks to enforce the provisions of this Zoning
Agreement, the prevailing Party shall recover all of Its actual and reasonable costs and
expenses. These costs and expenses Include expert witness fees, attorneys' fees, and costs of
investigation and preparation before initiation of the Action. The right to recover these costs and
expenses shall accrue upon initiation of the Action.
16. Cooneration. Each Party covenants to take all reasonable actions and execute
all documents that may be necessary to achieve the purposes and objectives of this Zoning
Agreement.
17, Force Maleure. Neither Party shall be deemed to be in default where failure or
delay in performance of any of its obligations under this zoning Agreement is caused, through
no fault of the Party whose performance Is prevented or delayed, by floods; earthquakes, other
acts of God, fires, war, riots or similar hostilities, strikes or other labor difficulties, state or federal
regulations, or court actions.
18. Third Party Legal Challenge. If a third party brings a legal action challenging the
validity or enforceability of any provision of this Zoning Agreement or the Applicable Regulations
or the manner in which the ordinance approving this Zoning Agreement was processed and
approved, including the application of the California Environmental Quality Act to that process,
( "Third Party Legal Challenge ") the parties shall defend the Third Party Legal Challenge jointly,
31
Zoning Agreement
and each party shall be responsible for Its legal expenses incurred In connection with the Third
Party Legal Challenge.
18. Right to Assign. Operator shall have the right to transfer or assign the rights and
obligations contained herein in whole to any person, partnership, joint venture, firm, or
corporation at any time during the Term of this Zoning Agreement without the consent of City.
Upon the effective date of any such transfer or assignment of the Properly, the transferor -
assignor shall notify City of the name and address of the transferee. Any assignment of this
Zoning Agreement must be pursuant to a sale or transfer of Operator's rights in the entirety of
the Property. Any sale or transfer of the Property shall Include the assignment and assumption
of the rights, duties, and obligations arising from this Zoning Agreement to the transferee with
respect to all of the Property. Operator shall no longer be obligated under this Zoning
Agreement for the Property if Operator is not in default under this Zoning Agreement at the time
of the sale or transfer.
20. Zoning Agreement Binding on Successors and Assigns. The burdens of this
Zoning Agreement are binding upon, and the benefits of this Zoning Agreement shall inure to,
all successors in Interest of the Parties to this Zoning Agreement.
21. Estoppel Certificate. At any time, either Party may deliver written notice to the
other Party requesting that the Party certify in writing that, to the best of its knowledge:
A. This Zoning Agreement is in full force and effect and is binding on the Party;
B. This Zoning Agreement has not been amended or modified either orally or In writing.
If this Zoning Agreement has been amended, the Party providing the certification
shall identify the amendments; and
C. The requesting Party is not In default in the perfomtance of Its obligations under this
Zoning Agreement. if the requesting Party is in default, the other Party must
describe the nature of the default. .
The requesting party shall execute and return the certificate within. sixty (60) days
following receipt. Any assignee of a Party's rights and obligations hereunder, as referred to In
this Section 21, shall be entitled to rely on the certificate.
22. Further Actions ng d Instruments. Each Party shall cooperate with and provide
reasonable assistance to the other Party to the extent consistent with and necessary to
implement this Zoning Agreement. Upon the request of a Party at any time, the other Party
shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or
record the required Instruments and writings and take any actions as may be reasonably
necessary to implement this Zoning Agreement or to evidence or consummate the transactions
contemplated by this Zoning Agreement.
23. Notices. Any notice or demand that shall be required or permitted by law or any
provision of this Zoning Agreement shall be in writing. If the notice or demand will be served
upon a Party, it either shall be personally delivered to the Party; deposited in the United States
mail, certified, return receipt requested, and postage prepaid; or delivered by a reliable courier
service that provides a receipt showing date and time of delivery with courier charges prepaid.
The notice or demand shall be addressed as follows:
S2
Zoning Agreement
To City: City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
Attention: City Manager
Fax: 949.644 -3020
With a copy to: CltyAttorney
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663.3884
To Operator: Sober Living by the Sea, Inc.
2811 Villa Way
Newport Beach, California 92663
Attn: Executive Director
With a copy to: CRC Wealth Group, Inc.
2400 Stevens Creek Boulevard, Suite 600
Cupertino, California 95014
Attn: General Counsel
Fax: 415 - 358 -8444
Either Party may change the address stated in this Section 23 by notice to the other
Party in the manner provided In this Section 23, and notices shall be addressed and submitted
to the new address. Notice shall be deemed to be delivered upon the earlier of: (a) the date
received; or (b) three business days after deposit In the mall as provided above.
24. Rules of Construction and Miscellaneous Terms.
A. Rules of Construction. The singular Includes the plural; the masculine and
neuter Include the feminine; "shall' is mandatory; "may" is permissive.
B. Time is of the Essence. Time is of the essence regarding each provision of this
Zoning Agreement in which time Is an element,
C, Waiver. Failure by a Party to insist upon the strict performance of any of the
provisions of this Zoning Agreement by the other Party, and failure by a Party to exercise its
rights upon a default by the other Party, shall not constitute a waiver of that Party's right to
demand strict compliance by the other Party In the future.
D. Counterparts. This .Zoning Agreement may be executed in two or more
counterparts, each of which shall be identical and may be Introduced in evidence or used for
any other purpose without any other counterpart, but all of which shall together constitute one
and the same Zoning Agreement.
E. Entire Agreement, Except for the Settlement Agreement, this Zoning Agreement
constitutes the entire agreement and supersedes all prior agreements and understandings,
both written and oral, between the Parties with respect to the subject matter addressed in this
Zoning Agreement,
S3
Zoning Agreement
F. Construction. This Zoning Agreement has been drafted after extensive
negotiation and revision. Both City and Operator are sophisticated parties who were
represented by independent counsel throughout the negotiations. Oily and Operator each
agree and acknowledge that the terms of this Zoning Agreement are fair and reasonable, taking
Into account their respective purposes, terms, and conditions. This Zoning Agreement shall
therefore be construed as a whole consistent with Its fair meaning, and no principle or
presumption of contract construction or interpretation shall be used to construe the whole or any
part of this Zoning Agreement in favor of or against either party.
G. No Third Party Beneficiaries. The only parties to this Zoning Agreement are City
and Operator. This Zoning Agreement does not involve any third party beneficiaries, and it is
not intended and shall not be construed to benefit or be enforceable by any other person or
entity,
H. Applicable Law and Venue. This Zoning Agreement shall be construed and
enforced consistent with the Internal laws of the State of California, Any action arlsing under
this Zoning Agreement or brought by any Party for the purpose of enforcing, construing, or
determining the validity of any provision of this Zoning Agreement shall be filed and tried in the
Superior Court of the County of Orange, State of California, or the United States District Court
for the Central District of California, The Parties waive all provisions of law providing for the
removal or change of venue to any other court.
1. Section Headings, All section headings and subheadings are inserted for
convenience only and shall not affect construction or interpretation of this Zoning Agreement.
J. Authority to Execute. The persons executing this Zoning Agreement warrant and
represent that they have the authority to execute this Zoning Agreement on behalf of the entity
for which they are executing this Zoning Agreement. They further warrant and represent that
they have the authority to bind their respective Party to the performance of Its obligations under
this Zoning Agreement.
CiTY:
CITY C
By:
Title: MAYOR OF NEWPORT BEACH
OPERATOR:
SOBER LIYWQ BY THE SEA, INC.
r'
By:
Kevin Hogge
Title: CHIEF FINANCIAL OFFICER
S4
Zoning Agreement
By: pu 6X %Q A
Pamela Burke
Title: VICE PRESIDENT /SECRETARY
OPERATOR:
COMPRE ADDICTIONS PROGRAMS, INC.
By; �
Kevin Hogge
Title: CHIEF FINANCIAL OFFICER D
By; �✓�-
Pamela Burke
Title: VICE PRESIDENT /SECRETARY
OPERATOR:
CRC HE CORPORATION
By:
Kevin Hogg
Title: CHIEF FINANCIAL OFFICER
By: 6.1
Pamela Burke
Title: VICE PRESIDENT /SECRETARY
OPERATOR:
CRC HEA GROUP, INC.
By:
Kevin Hogge
Title: CHIEF FINANCIAL OFFICER
By:
�a Burke
Title: VICE PRESIDENT /SECRETARY
10
35
Toning Agreemont
APPROVED AS TO FORM:
By:
David R. Hunt
Title: CITY ATTORNEY, CITY OF NEWPORT BEACH
ATTEST:
Title:
�n
Leilani drown --
CITY CLERK, CITY OF NEW
11
so
70ning Agreement
Exhibit A
List of SLBTS FaciPties
.208-
Via Lido Soud'
ADP Licensed
100
Vla Antibes
ADP Licensed
102
Via Antibes
ADP Licensed
505
29th Street
ADP Licensed
116
A .B
3411h Street
Sober Livin
X:
307
1/2
34th Street
Sober Llvina
X
309
1%2
34th Street
Sober Livin
X'
125
+112
39th Street
ADP Licensed
X
112
A & B
40th Street
Ober Livin
118
A & B
45th Street
Sober Livin
X
122
A &R
45th Street
ADP: Licensed
5004
A & B
Neptune
Sober Livin
mo.1
A & B .
River
ADP Licensed;'
3960 -80
Seashore
ADP Licensed
4500 -04
Seashore
ADP Licensed
4711
Seashore
ADP Licensed
4800
Seashore
Af1P- Licensed
X'
4816
Seashore.
Sober
Livin
6111
Seashore'
ADP'Liconsed
6110
W oceanfront
ADP Licensed
T - "K "= Cfosed.or olosln
1 May not be closed if 4816 Seashore is closed
37
Zoning Agreement
Exhibit B
Applicable Regulations
A. Number and Location of Facilities. Number and location of facilities which may be
utilized as Licensed Facilities or Sober Living Homes.
1. On and after the Effective Date of the ordinance adopting this Zoning Agreement,
there shall be no more than 2204 beds occupied in the City at any time by persons who are
patients, clients or customers of Sober Living, whether contained within Licensed Facilities or
Sober Living Homes. More than one such facility may be operated in a single building,
2. On and after the effective date of the ordinance adopting this Agreement, there
shall be no more than 166 beds occupied In total in those parts of the City referred to as the
Peninsula, Lido Isle, West Newport and Newport Shores (the "Peninsula Zone ") as depicted in
Exhibit D at any time by persons who are patients, clients or customers of Sober Living,
whether contained within Residential Care Facilities, General, Residential Care Facilities, Small
Licensed or Residential Care Facilities, Small Unlicensed as defined in §20.05.030 of the
Newport Beach Municipal Code.
3. On and after the effective date of the ordinance adopting this Agreement, there
shall be no more than 12 beds (12 of the 156 described in Section A2 above) occupied Lido Isle
at any time by persons who are patients, clients or customers of Sober Living, whether
contained within Residential Care Facilities, General, Residential Care Facilities, Small
Licensed or Residential Care Facilities, Small Unlicensed as defined In §20.03.030 of the
Newport Beach Municipal Code.
4. On and after the effective date of the ordinance adopting this Agreement, all
beds in the City In addition to those provided for In Sections A,2. and A3. of this Exhibit B
occupied at any time by persons who are patients, clients or customers of Sober Living, whether
contained within Residential Care Facilities, General, Residential Care Facilities, Small
Licensed or Residential Care Facilities, Small Unlicensed as defined in §20.03.030 of the
Newport Beach Municipal Code shall be located only In zones accommodating multi- family
residential uses outside of the Peninsula Zone. Sober Living shall provide the City with the
address of any new Facility resulting from placing beds per this section within thirty (30) days of
establishing the Facility.
5. On and after the Effective Date of the ordinance adopting this Agreement, Sober
Living shall locate all of Its newly established facilities utilized as Licensed Facllities-or Sober
Living Homes so that only one building shall contain such facilities, whether operated by Sober
Living or any other person or entity, Is located either on a block in the City or across a bordering
street. To facilitate transfers of properties to attaln or maintain this 'one building per block'
standard, Sober Living may, for not more than 120 days, hold leases for two properties on one
block if the properties are Involved in a Facility transfer. For purposes of this Agreement, a
block Is an area bounded by four streets (not alleys).
6. Except as provided in Section A,7. below, within thirty (30) months of the
Effective Date of the ordinance adopting this Agreement, Sober Living shall relocate Its
presently operating facilities as necessary to comply with the criterion set forth in Section A.5,
above as to Its presently operating Licensed Facilities and Sober Living Homes. All such
relocations must be to slies which have no other Facility, whether operated by Sober Living or
se
Zoning Agreement
any other person or entity, either on the block to which the facility is relocated or across a
bordering street.
7. Notwithstanding the provisions of Section A.5 above, Sober Living may continue
to operate Facilities at the following addresses during the term of this Agreement:
112 40th Street and 3960 -3980 Seashore (on the same block);
4 122 45th Street and 4500 -4504 Seashore(across a bordering street);
6110 Oceanfront and 6111 Ocean Front (across a bordering sireettalley); and
4711 Seashore and either 4800 Seashore or 4816 Seashore (across a bordering street
and down a block).
8. Sober Living shall not establish any Facility pursuant to Section 4 of this Exhibit B
unless and. until Sober Living has fully and timely complied with the relocation requirements set
forth in Section 6 of this Exhibit B.
9. Sober Living shall not establish or operate a Facility on a parcel of property which
has a lot line located within 1,000 feet of any NMUSD elementary school or the large
commercial State - licensed day care facility listed on Exhibit E.
10. Sober Living shall not establish or operate a Facility at any location which is
adjacent to the 36th Street Tot Lot or the Marina Park Tot Lot so long as those tot lots are so
utilized.
B. Operational Regulations.
During the term hereof, Sober Living shall comply with all of the following operational
criteria:
1. Sober Living shall not provide any services to or house any parolee or parolees
from the California Department of Corrections or Its equivalent in any other State or the Federal
Bureau of Prisons In any of Its Facilities located in the City.
2. Any and all medical waste generated through the operation of a Sober Living
Homes or Licensed Facility shall be disposed of in accordance with all laws and best Industry
standards and practices.
3. Sober Living shall comply with City code provisions pertaining to trash
enclosures at all of its Sober Living Homes or Licensed Facllllles.
4. Smoking and Tobacco Products.
(a) Sober Living shall make good faith efforts to prevent second hand smoke from
leaving any of Its Facilities in a manner that significantly affects occupants of
neighboring residents in the use and enjoyment of their properties. These efforts
may Include, but are not limited to:
• The designation of a smoking area at each site, with a device to mitigate or disperse
secondhand smoke•,
a An active smoking cessation program made available to all clients;
39
Zon6rg Agreement
(b) Apply a policy directing clients or residents to avoid littering cigarette butts on the
ground, floor, deck, sidewalk, gutter, or street.
(o) Apply a policy reminding clients not to use tobacco on beaches, boardwalks, and
piers consistent with City prohibitions against smoking in those areas.
S. Sober Living shall comply with all City code provisions requiring off street parking
in residential zones.
6. Sober Living shall establish, provide public notice of and continuously operate a
24 hour per day hotline for receiving Inquiries and /or complaints in reference to Its operation of
its Facilities in the City.
7. Sober Living shall apply the following Quiet Hours to Its patients, clients and
customers occupying beds in all Facilities which Sober Living operates In the City. During these
Quiet Hours, all residents will be inside except during emergencies:
• Sunday through Thursday -10 pm to 7 am;
• Friday through Saturday -11 pm to 7 am.
8. Sober Living shall use good faith efforts to Implement the Route Plans for
transport of Its staff, residents, clients and customers which Sober Living submitted to the City
as part of Its applications for Use Permits on file with City's staff as of July, 2008. A true'and
correct copy of those Route Plans are attached as Exhibit F. Short-term Interruptions, such as
medical emergencies or street maintenance which are beyond Sober Living's control, are
allowable modifications to the Route Plans,
9. Sober Living shall accept deliveries of goods and services to the Residential Care
Facilities which It operates In the City only during customary times for such deliveries of goods
and services to occur in residential areas of the City and In accordance with any City regulation
adopted which controls times for such deliveries on a citywide basis applicable to all residential
properties.
10. Sober Living, shall participate in the activities of any stakeholder committee or
group established by the City to address complaints and concerns of residents of the City
regarding the operation of Residential Care Facilities in the City.
11, Sober Living shall maintain Its present policy not to allow more than two (2)
clients per bedroom in the facilities unless the size of the structure warrants a larger occupancy
for any single bedroom,
C. General Constraints on Regulation.
1. Most Favored Nation. If the City enters Into an agreement with any operator of a
Sober Living Home or Licensed Facility in the City which, includes one or more of the below
three provisions and provides a materially more favorable regulatory treatment to that operator
than Is afforded to Sober Living hereunder, the more favorable regulatory provision or provisions
shall then apply to Sober Living and shall be deemed to supersede any conflicting proyislon or
provisions contained In this Zoning Agreement. Approvals within the Group Residential Uses
-4 0
Zoning agreement
Ordinance's Use Permit process do not constitute agreements for the purposes of this
paragraph.
The three provisions are:
(a) An allowance of a percentage Increase greater in bed counts greater than 30%
above the number operated by the Operator at the time of the agreement;
(b) Dispersion (i.e. one building per block and no facilities on streets facing each other)
more concentrated than for SLBTS under the terms of this Agreement; and
(c) Distancing from public elementary schools and large licensed day care that Is less
than for SLBTS under the terms of this Agreement.
2, The City shall respect and adhere to the exemption in California Health and
Safety Code §11834.23 that directs that the City apply the same building, fire, and other related
codes to Facilities with six or fewer clients as it does for any single - family residential property
provided that:
(a) The exemption Is not repealed or otherwise Invalidated by an appellate court
decision;
(b) The exemption Is being applied to a single family dwelling unit (including
condominiums) or a duplex;
(c) SLBTS does not place non-ambulatory residents in their facilities; and
(d) SLBTS does not accept referrals or placements within a SLBTS home for protective
social care and supervision services by any governmental agency.
3. This Agreement, and, more specifically, these Applicable Regulations obviate the
need for and shall supersede the processing or Issuance of any Use Permit or Use Permits
concerning Sober Living's operations in the City.
41
Zoning Agreement
Exhibit C
2811 Villa Way Letter
CITY OF NEWPORT BEACH
- PLANNING DEPARTMENT
Patricia L, Templer, Director
Augus126, 2006
8111 Swiney
Sober Living by the Sea
2811 Villa Way
Newport Beach, California 92663
RE: Sober Living by the Sea — 2809, 2811, 2813 Villa Way, Newport Beach
Dear Bill:
I am in receipt of your correspondence dated July 21, 2006. In your correspondence, you
discuss a proposal whereby Sober Living by the Sea ("Sober Living") would modify its use
of the property located at 2809 -2813 Villa Way ( "Sober Living Facllity") so that It is no
longer designated as a social club, as defined by Newport Beach Municipal Code Section
20.05.040. 1 have carefully reviewed your proposal and have determined that Sober
Living would not be designated as a social club if it was operated In the following manner:
1. The "large conference room," designated on the floor plans submitted on
August 4, 2006 ( "Plans!), must be reduced so that the maximum occupancy for this room
Is approximately 20 persons. Two cubicle type offices, the design of which will need to be
approved by the Planning Director in writing, will need to be constructed In tine large
conference room.
2. The "small conference room," designated on the Plans, must be reduced so
that the maximum occupancy for this room is approximately 20 persons. A wall will need
to be constructed across the back of the small conference room, as Indicated on the
marked up Plans which are attached hereto. The construction of the wall must comply
with all laws and regulations including, but not limited to, the Building Code.
3. A revised set of plans showing the wall In the small conference room and
the uses for each area of the property will need to be submitted to and approved in willing
by the Planning director. After approval of the Plans, Sober Living must use each of the
areas for the designated use and obtain the Planning Director`s approval In writing prior to'
any change in use.
4. The area designated as the "covered patio," and other outdoor areas,
designated on the Plans may not be used by Sober Living clients except as provided
hereafter. Clients attending meetings scheduled at the Sober Living Facility may
assemble in the Covered patio area, or other outdoor areas, 10 minutes prior to a meeting
and 10 minutes after a meeting. Between the hours of 7:00 a.m. and 8:30 a.m., cllonts
that attend meetings scheduled at the Sober Living Facility, may be transported by van to
any other location provided that they do not assemble in the covered patio area, or other
3300 Newport Boulevard • Poet Office Box 1768 • Newport Beach, Caltfornla 92668 -8916
Telephone: (949) 644.3200 • Nix: (949) 644 -3229 - vnviv, city. nawport- beach.ca.us
IM
outdoor area, for more than 10 minutes after a meeting ( "Clients Transported by Van'),
Between the hours of 1:00 p.m. and 3:00 p.m., clients that Clients Transported by Van
may be dropped back off at the Sober Living Facility provided that they: (a) do not arrive
at the Sober Living Facility more than 10 minutes before their next scheduled meeting; or
(b) that they disperse within 10 minutes after being dropped off at the Sober Living
............Facility.. .
5. An average of 10 meetings per week may be held at the Sober Living
Facility. However, no more than 12 meetings may be held In any one week and no more
then 20 people may attend any meeting. Up to two meetings may be held concurrently.
The basls for determining the average number of meetings will be based on a 4 week
period. On an ongoing basis, Sober Living will maintain records for the past 12 month
period that document the number of meetings held per week and the number of persons
In attendance. These records will be verified by a representative of Sober Living and will
be made available to the planning Director upon request.
6. No client enrolled in any of the Sober Living programs that meet at the
Sober Living Facility will be allowed to operate a motor vehicle,
7. All large meetings, In excess of 20 persons, will be held at some other
location (any other locations used in the City shall be approved for large assembly use).
8. The hours of operation for conducting meetings and picking up
prescriptions at the Sober Living Facility will be from 6:30 a,m. to 8:30 p.m. Clients
picking up or consuming prescription medicine at the Sober Living Facility will be required
to leave the Sober Living Facility within 10 minutes after they have picked up or
consumed their medication,
e. Any nurse at the Sober Living Facility shall only be on site Monday through
Friday from'7:00 am to 5:00 pm and on Saturday from 8:00 am to noon. There shall be
no nurse at the Sober Living Facility on Sundays,
10. Two staff employees shall be allowed to remain at the Sober living Facility
until 11 ;00 pm, 7 days a week to receive calls.
11. Except as provided herein, clients will not be allowed to assemble at the
Sober Living Facility for the purpose of being transported to any other location.
12. Sober Living will provide and maintain 13 off -site parking spaces at the lot
directly across the street from the Sober Living Facility and will park vehicles associated
with the Sober Living Facility at the lot rather than on City streets or public parking lots.
For instance, Sober Living currently uses six vans. These vans would be parked on the
lot rather than on City streets in the surrounding neighborhood or the City parking lot.
13. Sober Living will direct clients and ensure that clients riding bikes to the
Sober Living Facility access the facility by a route approved by the Planning Director In
wdting.
14. Sober living will provide trash and cigarette disposal containers and inform
their clients that they are not to dispose of litter on City streets or adjoining properties.
43
In summary, if Sober Living operated in conformance with the foregoing conditions, It
would be my determination that Sober Living would not be defined as "social club ",
However, please be advised that it is my opinion that any deviation from the foregoing
conditions or any additional assembly at the Sober Living Facility would change the
category of use:. .
Please contact me at your earliest convenience so we can discuss a timeline for Sober
Living to implement the foregoing changes, Simply put, I cannot make a determination
that Sober Living is operating in conformance with the Municipal Code until the above -
referenced changes have been made. Further, as a condition to making my
determination that a use permit Is no longer required, Sober Living will need to withdraw
its appeal without prejudice,
I appreciate your continuing assistance In this matter.
Very truly yours,
I!
/__ 74,
Patricia L. Temple, I
Planning Director for the
City of Newport Beach
cc; Aaron C. Harp, Assistant City Attorney
Dennis O'Neil, Esq.
Enclosure: Modified Plans
44
t 2 yy 8s 'Va 91'jVQaSlt0dAltlm •al >.x ^"'
Avm WITAL1Lt MV 'jcT :•• • ''• E r,,,�
Hit
. A �
i
4g;7
•�'.. Pi 1 1 4 •IV
.. .., la.. .Ni �lII'!! Ipii'.i . t •t �t Isr
' ... .... ':'�tl'.'.. .. iLr':.IFIA;Ia!•,.'isids ! i ! !I i s 1 1
l
Exhibit D
Depiction and Description of "Peninsula Zone"
Depiction of Peninsula Zone:
The lands within the yellow boundary as shown below.
wri,m
Lido
Zoning Agreement
Description of Peninsula Zone:
Starting at the mouth of the Santa Ana River:
• The land area southerly of the Newport and Seminouk Sloughs known as Newport Shores, and
• The land coastward of Pacific Coast Highway to Newport Boulevard known as Balboa Coves, West
Newport Beach, Lido Sands, and Newport Island; and
• The land southerly of a line extending along the Federal Navigational Channel between Newport
Boulevard and the Newport Harbor Jetty, known as the Balboa Peninsula, Lido Peninsula, Lido Isle,
Bay Island, and Cannery Village; and
• Southward on Newport Boulevard about 60 feet to Lower Newport Bay; and
• All lands southerly of Lower Newport Bay between Newport Boulevard down the Federal Navigational
Channel within the Lower Bay, inclusive of Lido Isle and Bay Island and inclusive of the Balboa
Peninsula.
40
Zoning Agreement
Exhibit E
Specific Large DSS- Licensed Day Care Faaliliies -- Peninsula Zone
Facility No: 300000193 Capacity: 0044
CHRIST CHURCH BY THE SEA CHILDREN'S CENTER
1400 WEST BALBOA BOULEVARD
NEWPORT BEACH, CA
`7
ZoningAgreement
Exhibit F
Route Plans
In the attached Route Plans, the red arrow designates arrival route, the blue arrow
designates departure route. The star designates the facility location.
42
Zoning Agreement
116 30 Street, A & B
The primary route of travel between Sober Living by the Sea's administrative offices In
Cannery Village (2811 Villa Way) and these residential dwelling units Is 32nd Street,
Balboa Boulevard, 34th Street, and Seashore Drive.
50
505 291 Street
oaA• -• }}.}}�• 311.8pTSr
.Py
solz
g_ p aorn i
.r
i ill" pI� 0
Zoning Agreemeni
9_
Yi
12;
The primary route of travel between Sober Living by the Sea's administrative offices In
Cannery Village (2811 Villa Way) and these residential dwelling units Is Lafayette, 291"
Street, and Villa Way.
51
Zoning Agreomont
112 4dh Street, Units A and B
3960.3990 Seashore Drive
The primary route of travel botween Sober Living by the Sea's administrative offices in
Cannery Village (2811 Villa Way) and these residential dwelling units is along Balboa
Boulevard, Seashore, and 32 "d Streat.
52
Zoning Agreement
4816 Seashore
4711 Seashore
The primary routo of travel between Sober Living by the Sea's administrative offices in
Cannery Vlllar (2811 Villa Way) and these residential dwelling units is along Balboa
Boulevard, 46 Street, Seashore, 5181 Street, and River Avenue.
153
i.
Zoning Agreement
5101 River
5004 Neptune, A & B
The primary route of travel between Sober Living by the Sea's administrative offices in
Cannery Village (2811 Ville-Way) and these residential dwelling units is along Balboa
Boulevard, River Avenue, 50th Street, Neptune, and 51s1 Street.
15
6111 Seashore
6110 West Ocean Front
v
Zoning Agreemeni
V�-Nz?
The primary route of travel between Sober Living by the Sea's administrative offices in
Cannery Village (2811 Villa Way) and these residential dwellfnq units ls.atong Newport
Boulevard, Coast Highway, Prospect, Ocean Front Alley W, 62 Street, and Seashore.
155
Exhibit Q
Compliance Report TenYplate
(Date Report Submitted)
This form covers the period of (month, day) through (month, day), 20—.
During the above period, Sober living by the Sea managed or controlled the following faciilties
In Newport Beach:
1:
Peninsula ADP Bed Count Ltcense4
Property Address Zonal (Y or NJ
(Y of N)
Pen6tsuia Otf Peninsula
1
2
3
4
S
6
7
g
9
10
11
12
13'
14
16
10
17
1$.
is
20
21
Total Bed t 6UN
150
Attachment C
November 9, 2010, City Council Minutes
57
�g
City of Newport Beach
City Council Minutes
November 9, 2010
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
13. ANNUAL REVIEW OF ZONING IMPLEMENTATION AND PUBLIC BENEFIT
AGREEMENT FOR SOBER LIVING BY THE SEA (SLBTS) (PA2008 -199). [68!100-
20101
Associate Planner Brown reviewed the Zoning Agreement's administrative protocol,
indicated that the City and Sober Living by the Sea (SLBTS) have agreed to conduct the
annual reviews at the second meetings in July, discussed the number of SLBTS facilities in
the City, highlighted what code enforcement reviews when conducting inspections,
reported that SLBTS's 24 -hour hotline is (949) 554 -1147 and code enforcement can be
reached at (949) 644.3215, and reviewed dispersal of existing facilities and the Villa Way
office and meeting facility. She indicated that the only non - compliance item relates to the
Villa Way facility not having off -site parking, but reviewed suggested milestones for
SLBTS to reach in order to work towards compliance. She concluded by reviewing the
recommendations outlined in the staff report.
In response to Mayor Pro Tem Henn's questions, City Attorney Hunt indicated that SLBTS
has accepted the letter of protocol and noted that it is more inline with Morningside
Recovery's protocols. He highlighted some differences between SLBTS's and Morningside
Recovery's zoning agreements. He further reviewed SLBTS's efforts'to provide off -site
parking across from their Villa Way facility.
In response to Council Member Gardner's questions regarding violations, Deputy City
Attorney Wolcott indicated that the City did not return to the facility to reinspect the
facility and ensure that compliance has occurred. She reported that SLBTS submitted an
excerpt from their standard protocol, which matches the City's preferred method, and
conducted retraining on the preferred method.
Mayor Curry opened the public hearing.
Ed Dilkes, Sober Living by the Sea (SLBTS) representative, indicated that he and Kathy
Sylvia, SLBTS Executive Director, are in attendance to answer any questions.
Nancy Harris discussed the history of recovery homes and believed that there will be more
of a need for these types of facilities in the future. She hoped that the City does not allow
the clustering of recovery homes.
Bob Rush asked if the protocols are transferrable to new facility owners or if they would
need to be re- established. He suggested creating a secondary agreement that binds
current and future parties to the protocol.
Denys Oberman noted that some facilities not listed in the staff report are on ADP's
website as being operated by SLBTS.
Cindy Koller asked if the Seashore Drive facilities can house probationers, who inspects
the homes and determines if they are following the protocols, and who should the residents
contact.
Dennis Kiel asked that the hotline numbers be circulated throughout the community.
Hearing no further testimony, Mayor Curry closed the public hearing.
In response to the residents' questions, City Attorney Hunt stated that he can discuss the
issue of protocol transferability with SLBTS. Mayor Pro Tom Henn suggested. that the
Volume 59 - Page 627
159
City of Newport Beach
City Council Minutes
November 9, 2010
City draft a separate document for SLBTS signature that addresses this issue and is
binding. Regarding the Via Antibes facility, City Attorney Hunt indicated that the triplex
is treated as one facility. He stated that he is not sure about housing probationers, but
believed that SLBTS does not market to probationers. He reported that the City staff
members involved in the group homes issues are in code enforcement, the Planning
Department, the Office of the City Attorney, and the City Manager's Office. He clarified
that the violation relative to medical waste involved urine cups and pointed out that the
hotline numbers are on the City's website but they will make them more available.
Motion by Council Member Webb, seconded by Mayor Pro Tem Henn to a) find
that the applicant has demonstrated good faith compliance with all but one term of its
Zoning Agreement and establish milestones to address that one term; and b) receive and
file documents submitted by SLBTS to demonstrate good faith compliance with the terms
of the Zoning Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
XVI, PUBLIC COMMENTS
Luis Longyear took issue with two Morningside Recovery facilities being located on Lido Island.
He discussed separation of facilities and provided a handout that highlights State requirements.
Joel Susky questioned whether the opening of the second facility on Lido Island was heard by a
hearing officer and indicated that he did not receive notification if it did. He pointed out that Lido
Island has CC &Rs that should be followed.
Frank Randall stated that he was a council member in South Pasadena 40 years ago and took up a
similar issue; however, they allowed the halfway house because it was provided by a not -for -profit
organization and would be in an area that would not cause problems to the residents.
Mike Brant - Zawadzki stated that documentation and violations is the fist step to enforcement,
but pointed out that conflict has arisen between the business, the community, and the clients. He
believed that the Lido Island facility is a boarding house, is considered a business, and should
comply with all business regulations.
Tom Billings thanked the resident associations in their effort to fight this issue. He believed that
the Lido Island facility should find a more suitable location and the City should use some of the
Civic Center project money to building group homes next to it.
Cindy Koller believed that a judge has made a ruling that would allow sex offenders into
neighborhoods. She relayed instances where she and others who speak about group homes issues
are being harassed.
Steve Sutherland took issue with Morningside Recovery placing facilities in an R -1 zone.
Denys Oberman indicated that the intent of having the dispersal and other regulations was to
mitigate and reduce overconcentration; however, the facility owners are fording loopholes. She
urged the City to mitigate overconcentration.
In response to residents' comments, City Manager Kiff clarified that Morningside Recovery
contacted him about three facilities and whether they met the distancing standard. Regarding the
Lido Island site, he reported that he encouraged them to look elsewhere. He explained Sober
Volume 59 - Page 628
00
City of Newport Beach
City Council Minutes
November 9, 2010
Living by the Sea's ( SLBTS s) bed count cap and how it can be dispersed throughout the City. He
reported that he will request that the Police Department look into the issues discussed on River
Avenue relative to harassment. Deputy City Attorney Wolcott reported that SLBTS is required to
place any new facility outside of the Peninsula Zone in MFR - zones, but Morningside Recovery does
not have the same requirement in its contract. City Attorney Hunt noted that the facility owners
can place facilities anywhere, as long as they comply with the established caps and dispersoment
requirements. He reported that he will be meeting with the Lido Island Community Association
(LICA) Board on December 1 at 6:00 p.m. to provide them with information. He assured everyone
that the City fully intends to actively enforce the Zoning Agreement and that sex offenders are
required to register with the Police Department. City Attorney Hunt noted emails staff has
received regarding Balboa Horizon and that they will be addressing that at the hearing on
Wednesday, November 17. He stated that SLBTS has agreed to not take any sex offenders. He
encouraged everyone to contact code enforcement so that all steps can be taken to ensure
compliance. Regarding the issue of boarding houses, he stated that group homes address single
housekeeping units. Relative to for - profit businesses operating in residential areas, he noted that
State law allows these businesses, so the City cannot do anything as long as they operate under
the purview of State law. He emphasized that the City is not allowed to discriminate against the
disabled.
In response to Mayor Pro Tom Henn 's questions, City Attorney Hunt reported that, pursuant to
Ordinance No. 2008 -6, new reasonable accommodation facilities would be heard by hearing
officers, notpre - existing facilities. Unless the facilities were going in an MFR -zone, the Zoning
Agreement gives Morningside Recovery and SLBTS the right to choose their facility locations, as
long as they comply with every requirement related to dispersement and client caps.
Mayor Pro Tem Henn noted that the City is dealing with legal and regulatory frameworks that
restricts any city from regulating licensed six- and -under facilities, He pointed out that the trade-
off that the City achieved from the Zoning Agreements with these two operators is that they agreed
to reduce and limit the total number of beds of any kind for a duration of time, including licensed
six - and -render facilities. He reviewed how the City has been regulating and will continue to
regulate Morningside Recovery and SLB'1'S facilities, in addition to other facilities in the City. He
encouraged the community to contact code enforcement or the Police Department when issues
arise.
CONSIDERATION OF AN ORDINANCE AMENDING SECTION 7.04.03D F-
ITLH 7 OIL THE NEWPORT BEACH MUNICIPAL CODE PNIRTAII I�NG� TO
A LALS PROHIBITED ON PUBLIC BEACHES. [100 -20101
City Mana-geK.Kiff.roviewed the staff report and highlighted Alie Parks, Beaches and
Recreation Co anion's (PB &R's) recommendation. RW tion and Senior Services
Director Detweiler u ' 'red a PowerPoint to liighhghhh6fhistory of the dogs on the beach
issue and PIR&R's reasons behind their rccompreft ration.
In response to Council Membard�'s question, Recreation and Senior Services
Director Detweiler indicated th 1L did not support banning animals on harbor /bay
beaches. r111
Randy Seaton P46)ssed concern with allowing 48 on Little Coroara due to the
environmentafimpacts that may be created.
Toni Houston suggested that all animals be banned on bay boa a in order to improve
beach and water quality.
Volume 69 - Page 629
01
02
Attachment D
Zoning Administration Protocol
Memorandum dated October 29, 2010
03
04
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
DATE: October 29, 2010
TO: Janet Brown, Associate Planner
Matt Cosylion, Senior Code Enforcement Officer
FROM: Office of the City Attorney
David R. Hunt, City Attorney
MATTER: Group Homes: Code Enforcement;
A09 -00417
SUBJECT: Zoning Administration Protocol
This memorandum sets forth the standard protocol and procedures for administering the City's
zoning agreements with alcohol and drug abuse recovery and treatment facility operators ( "Drug
and Alcohol Recovery Facility operators!). This protocol will be provided to Drug and Alcohol
Recovery Facility operators that have entered zoning agreements with the City, for their
Information.
DRUG AND ALCOHOL RECOVERY FACILITIES
ZONING AGREEMENT ADMINISTRATION PROTOCOL
The following protocol reflects the City's compliance review, as set forth under the City's Zoning
Agreements with Sober Living by the Sea ( "SLBTS "), Morningstde Recovery ("Morningside "),
and any other Drug and Alcohol Recovery Facility operator with which such an agreement may
be entered (collectively "Operators ").
1.0 Inspection Protocol
1.1 Operators shall submit to the City's Code Enforcement Division ( "CED ") the
Compliance Review Report ("Report") shown as an exhibit to Operator's Zoning
Agreement, at the times required under Operator's Zoning Agreement. At the same
time, Operators shall also submit the name, phone number, and e-mail of Its staff
member(s) designated to join any Inspection ( "Operator Staff Member").
1.2 On a quarterly basis, CED shall submit the list of each Operator's facilities to the
Police Department for verification that each Operator is in compliance with the terms of
Operator's Zoning Agreement that relate to parolees and probationers, and the
prohibition on Parolee- Probationer Homes as defined by Newport Beach Municipal
Code Section 20.05.030,
1.3 On a quarterly basis, CED shall select up to four (4) facilities on the list to verify the
client count and client bed count through an onsite Inspection during a weekday.
05
Zoning Agreement Administration Protocol
October 29, 2010
Page: 2
1.4 CED shall notify the Operator Staff Member by e-mail and telephone of the time of the
inspection and which facilities will be inspected. Such notification will occur a
reasonable amount of time prior to the inspection, generally four (4) but not less than
two (2) hours prior to inspection.
1.5 While Inspecting each facility, CED staff shall not obtain client names nor take photos
of clients and shall be respectful at all times of client privacy. CED staff shall count
clients and /or client beds and verify that the client and /or client bed count at each
facility does not exceed those on the reports submitted by Operator.
1.6 If, during a facility inspection, CED observes beds (assembled or unassembled) in
excess of the number of client and staff beds reported by Operator, CED shall request,
and Operator shall provide, an explanation of the presence of such additional beds.
1.7 An inspection report shall be made for each facility.
1.8 All inspection reports and Reports submitted by Operator to CED shall be submitted to
the Planning Department for Inclusion in the City's annual review of Operator
compliance with the Zoning Agreement.
2.0 Compliance Review Protocol
2.1 The Effective Date of the Zoning Agreement and Settlement Agreement between the
City and SLBTS shall be May 12, 2009. The Effective Date of the Zoning Agreement
between the City and Morningside shall be December 28, 2010. The Effective Date
for any other Operator with which the City may enter such an agreement, shall be as
defined in the Operator's Zoning Agreement.
2.2 Annual Review of SLBTS' compliance with the Zoning Agreement shall be held, to the
greatest extent possible, at the second City Council meeting in July of each year.
2.3 For public notice purposes, the properties that must be posted prior to the public
hearing shall include only those operated by Operator at the time of the Compliance
Review hearing.
2.4 To prevent inadvertent dissemination of confidential business information of Operators,
including the number of beds actually occupied by persons who are patients, clients or
customers of Operators during City Inspections, and to provide a convenient shorthand
reference to housing for persons who are patients, clients or customers of Operators,
the City shall refer to patients, clients and customers of Operators as "clients," and to
beds occupied or potentially occupied by clients at Operators' residential facilities as
"client beds."
2.5 The terms of each Zoning Agreement, (including, in the case of SLBTS, the terms of
the August 25, 2006 Determination Letter from the Planning Director to SLBTS), shall
be reviewed by staff prior to annual Compliance Review, and good faith compliance
with the terms of the Zoning Agreement shall be noted in staff reports and exhibits
where staff believes such good faith compliance has been demonstrated. Operator is
encouraged to provide any written documentation or statement demonstrating its good
faith best efforts at compliance for City Council review prior to the annual Compliance
Review.
00
Zoning Agreement Administration Protocol
October 29, 2010
Page: 3
2.6 When there is a difference between the procedures established in this Protocol and
the language of a specific agreement, the agreement shall control. Waiver by the
Operator, in any given year, of a right or procedure contained in the Operator's Zoning
Agreement shall not constitute a permanent waiver of such right or procedure.
3.o Facility Relocation
City staff is responsible for administering more than one Zoning Agreement with Drug and
Alcohol Recovery Facility operators, and is also responsible for advising residential care facility
operators who may apply for use permits and reasonable accommodations in the proximity of
other such uses. In order to perform these functions, staff must be aware of the location of such
facilities. For this reason, and to provide Operator with assurance that any new facility location
they are considering is not located in the same block as any other residential care facility,
Operator shall notify the City of planned relocations, and planned facility closures prior to
relocating or opening any new facility. Operator shall make best efforts to notify the City of
facility closures as close to the date of closure as possible.
CONCLUSION
This protocol shall be executed In a fair and reasonable manner calculated to preserve the
residential neighborhoods in which Drug and Alcohol Recovery Facilities are located and to
protect the rights of the disabled to obtain housing and recovery facilities within the community.
i-
Cc:
David Kiff, City Manager
Jim Campbell, Planning Director
f AO9- 004171- J6 & MC from DRH re ZA Admin Pfolocol
02
Attachment E
Villa Way Facility Matrix
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72
Attachment F
Letter of Intent for Off -Site Parking
Spaces at 500 32nd Street
73
IAMON
SINCE \ / 1922
September 29, 2011
To Whom It May Concern
The business of "Sober Living by the Sea" has leased 13 parking stalls at the following
address: 500 32 "d St., Newport Beach, CA 92663. These stalls will be rented under-our
current monthly parking program.
This letter will serve as proof that the stalls have been secured.
Please contact me should you require any additional information
Best Regards,
Hugh lk Rowles
Long Beach -Orange County Regional Manager
Diamond Parking Service, LLC
Hugh.Rowles @Diamondparking.com
715
70
Attachment G
SLBTS Compliance Reports
77
72
Exhibit G
Sober Living By The Sea
Bi- Annual Compliance Review Report
Date Report Submitted: Jan 11, 2011
This form covers from June 30, 2010 to Dec 31, 2010
Beginning this date Sober Living By The Sea ( SLBTS) managed or controlled the following facilities in Newport Beach:
SLBTS FACILITIES
Property Address
Peninsula
Zone
(Y or N)
Treatment Bed Count
ADP
License
(Y or N)
Peninsula
Off
Peninsula
4138 Patrice
N
Y
6
Pending
4711 Seashore
Y
6
100 Via Antibes (7.31.10)
Y
4711 % Seashore
Y
2
102 Via Antibes (7.31.10)
N
505 29th Street
Y
6
208 Via Lida Soud (7.31.10)
Y
3980 Seashore
Y
6
Y
112 401h St Unit A
Y
0 2 staff)
N
112 401h St Unit B
Y
6
N
4500 / 4504 Seashore
Y
10
Y
126 441h St, units A &B
Y
9
N
4800 Seashore, units A& B
Y
9
Y
5004 Neptune, unit A
Y
6
N
5004 Neptune, unit B
Y
6
N
5101 River, unit B
Y
6
Y
6110 West Ocean Front
Y
6
Y
6111 Seashore
Y
6
Y
Total Bed Count: 90
Since last report June 30, 2010 the following have been closed
3960 Seashore 12.1.10
Y
4
Y
4816 Seashore, unit A (12.27.10)
Y
2
Y
4816 Seashore, unit B (12.27.10)
Y
6
Y
100 Via Antibes (7.31.10)
Y
4
Y
102 Via Antibes (7.31.10)
Y
4
Y
208 Via Lida Soud (7.31.10)
Y
4
Y
�9
Exhibit G
Sober Living By The Sea
Bi- Annual Compliance Review Report
Date Report Submitted: June 30, 2011
This form covers from Dec 31, 2010 to June 30, 2011
Beginning this date Sober Living By The Sea ( SLBTS) managed or controlled the following facilities in Newport Beach:
SLBTS FACILITIES
Property Address
Peninsula
Zone
(Y or N)
Treatment Bed Count
ADP
License
(Y or N)
Peninsula
Off
Peninsula
4138 Patrice
N
6
Pending
4711 Seashore
Y
6
Y
4711 '% Seashore
Y
2
N
505 29" Street
Y
6
Y
3980 Seashore
Y
6
Y
112 401h St Unit A
Y
0 2 staff)
N
112 401h St Unit B
Y
6
N
4500 / 4504 Seashore
Y
10
Y
126 44th St, units A &B
Y
9
Pending
4800 Seashore, units A& B
Y
9
Y
5004 Neptune, unit
Y
6
N
5004 Neptune, unit B
Y
6
N
5101 River, unit B
Y
6
Y
6110 West Ocean Front
Y
6
Y
6111 Seashore
Y
6
Y
Total Bed Count: 90
Since last report Dec 30, 2010 the following have been closed = 0
IN
Attachment H
Inventory of Client Beds as of June 2011
Rl
22
SOBER LIVING BY THE SEA, INC.
Inventory of Client Beds as of June 2011
Street
No.
Unit
Street
#Beds
May `08
# Beds
Dec. 109
# Beds
June '10
# Beds
June `11
W�
-400
-t b
505
29 Street
6
6
6
6
"7-
- - -
---
77
6
-- ----
lb-
g1h
-w
112
B
40m Street
6
6
6
6
126
A
—44 �Street
0
0
0
51
126
B
4-4- �Street
0
0
0
4
fA,
-iLF,43
-A'
22
434
2
5004
A
Neptune Street
6
6
6
6
5004
B
Neptune
Street
6
6
6
6
5101
B
River Avenue
6
6
6
6
3980
Seashore Drive
6
6
6
6
4500
Seashore Drive
6
4
4
4
4504
Seashore Drive
6
6
6
6
4711
Seashore Drive
6
6
6
6
4711 1/2
Seashore Drive
0
0
4800
A
Seashore Drive
6
4
—0
4
4
—B
Seashore Drive
6
6
6
5
4
Seashore Drive
6
6
6
6
6110
West Ocean Front
6
6
6—
6
4139
Patrice Road
0
0
0
TOTAL CLIENT BEDS &
_
Lh�qrnber of Dwellinq U!�" s DU's);
204
34 DU's
122
25 DU's
100
22 DU's ,
90
17 DU's
(*staff only)
1 126 44t" Street, Units A & B, facility opened December 31, 2010
2 Client occupancy of 4711 '/: Seashore commenced September 1, 2010. Previously used for staff only,
34138 Patrice Road facility opened August 1, 2010 es
24
Attachment I
Map of SLBTS Facilities — Open and
Closed as of June 2011
25
20
NEWPORT
rY �>e•.,
ME
t
jn
lm-
`t1
„+6
NEWPORT
' PIER /
0 0.25 0.5
Miles
r
LIDO
ISLE
LINDA
ISLE
BAY
ISLAND
Lr
HARBOR
ISLAND
Sober Living By the Sea
a Facilities
OPEN
• CLOSED
1.
505 29th St
1.
116 34th St A and 8
2.
112 40th St B only
2.
307 12 34th St
3.
5004 Neptune Ava. A and B
3.
309 12 34th St.
4.
6110 Ocean Font W
4.
125 and 125 1f2 39 51.
5.
4138 Pabme Rd.
5.
112 40th St AOnly
6.
5101 River Ave B only
S.
131 43rd SI. A and B
7.
3980 Seashore Dr.
7.
133 45th St. A and B
8,
4500 -4504 Seashore Or
B.
118 45th SI. A and
9.
4711 and 4711 12 Seashore Dr.
B.
122 451h SI. A and B
10.
4000 Seashore Dr. A and B
10.
5101 River Ave AOnly
11.
6111 Seashore Dr.
11.
1 O Via Antibes
12.
126 441h St A and B
12.
102 V.a Antibes
13.
208 Vie Lido Soud
14
3950 Seashore Or
15
4816 Seashore Dr A and 8
lm-
`t1
„+6
NEWPORT
' PIER /
0 0.25 0.5
Miles
r
LIDO
ISLE
LINDA
ISLE
BAY
ISLAND
Lr
HARBOR
ISLAND
22
Attachment J
Compliance Matrices
Overall Compliance Matrix and
Individual Facility Matrices
U
90
91
3
j yy�
i`a k
e•
c 4
a
' °na8.
_i _E- !; �gg
��
]A•
pa7gi [�
seat
'yq
s1
�
ai
i� ISO
•
a
5
SSS
YO
9
�Fp
aa
a (
e�a
� "� �$ClEE ■lg�
��3b
€5�
a=
��
`s
3 F
:j -$
�_�•
r c ad=
-a
2 e zagg F
�EI
5
i
3 E
9
P
p
El
MI
91
92
93
A
B
C
D
E
G
2
SLBTS Zoning
Agreement
ondillon, Category
Specific Requirements
Insilmhon Dale
•r or
Notes
4
Code Enforcement
Facility address: $05 2911, SL
Exterior inspecUon -
NBPD responded to all
for service 4112111 re:
(6 opens bads)
918!11
wicida threat.
5
Facilities outside
This red OPEN as of 1011110
Except 156 beds In Peninsula Zone
This tangly located In
and Lido Island, an lecilibes located In
Peninsula Zone looted
Peninsula Zone
6
MFR
In MFR Ony.
Block is area bounded
New facilities opened after effocfive
dale -one facility per btock, or across
by four streets, not
Sole facility on block
]
becoming street
alleys.
Ordinance Effective
Dale: 5112/09
Dispersal Date:
11112111
11845th S1. or 122 45M S1. - BOTH CLOSED
Exceptions not required
Disperal disperse tome facility par
to disperse: 11240 to
307123411, St. or 3091234th S1 -BOTH
block wan 30 oanOS of effective date
St. and 3960.3980
Sole facility on block -
CLOSED
of ordinance adopting agreement.
Seashore: 12245th St.
no dispersal required
Four exceptions under DA may
and 4500 4604
4800 Seashore or 46185eashore -8618
remain wan scams beck.
Seashore; 6110
CLOSED 1227110
Oceanfront and 6111
Ocean Front; 4711
Seashore and either
4800 Seashore or 4816
a
�PatlasA
In compliance.
No new facility established outside
Peninsula Zone until dbpereal
Dispenal of final
completed.
location complete
9
1227111.
No facility wan 1,000' car
Prodmily, to schools, large day tare
NMUSD elementary
In canplimce
fach"es
school or large day Cara
10
faafly
No facility adjacent to
Proximity to parks
361h St. lot lot or Marina
In compliance
11
Park lot dl
Parolees from CA Dept.
_
of Corrections or
NBPD performed
equivalent prohibited,
parde, checks 128110.
SLBTS reports no parolees at any SLOTS
Parolees and government referrals
government referrals
429110,729/10,
Incompliance
address.
prohibited. Other
QW10, 1021110 and
NBPD reports no parolees at any SLBTS facility
parolee /probalkoers -1
2/1/11.
asof2 -1.11. Effective Fa0.2011,NBPO
per dwelling unit allowed
requests they be asked to supply this Information
12
_
Disposed of In
for criminal law enforcement purposes only.
SLBTS management has Instructed all slag at all
Medical waste disposal
accordance with law
No complaints received
facilities of proper procedures and preferred
13
and best praGkes
Comply with NBMC
disposal method.
ExNria Inspection-
Improper maintenance andlor placement of trash
Other waste deposal
flash enclosure
shelf
Not In Compliance
receptacles. Code Enforcamenl advised SLBTS
14
provisions
Good faith effort to
of Nolallm conditions conecled as of 9118/11.
prevent smoke affecting
neighboring propeNas;
Exterior Inspection -
No complaints received.
Secondhand smoke
direct clients not to Idler
8/8111
no smoke or related
with tobacco products
liner Observed
or violate smoking
is
prohibitions
Exlenor ispection -
Incompliance. No
Comply Mth NBMC
OflsUeelparkirp
requlremenisfa
82111
oanpipinisreceived
161
dfslreel parking
aPerifa to his farts .
Required slal8ng
24-hour hotline for
In compliance
v
_ campialns
Quiet hours. all
HoUine- II9)554-1147_
Quiet hours
residents inside: Sun-
No noise complaints
Thurs: 10 PM - 7 AM;
received
Fri. Sal: 11 PM - 7 AM
to
No flaneport laude
Complaint received van drivers not adhering se
Routes submitted to
Client Uanspol routes
City, good faith efforts
canpialnls received
route plans, and unsafe driving conditions.
to adhere required
specific to this facility.
SLBTS met wl all van driven 8 sent writ ten
19
During customary Ilmes
No delivery complaints
nogmtoddyenre:mqulrements B/Bli1. _
Deliveries
for deliveries in
received
201
residential area
2 citents per bedroom
2 bedroans ceraakad 3
Clients per bedroom
unless sLes of structure
Inlerforinspec8on-
beds, size of rooms
Conslslen l voth provisions of ZA
warrants name for any
728110
appropriate fqr
21
single bedroom
Semi annunity; by
Compliance reports
Reporting Frequency
December 31 and June
submitted 1/11111 and
In Io"llarce,
22
30
711111.
93
94
9,5
A 61
c
0
E
F
G
H
2
Coraidical Category
Specific Requirements
Inspectim Dale
Code Enrxcen,,nn
NBPD responded to
Facility address: 5004 Neplune ABO
Exterior Inspection -
11
cells 1/1111,
I8 client beds In A. 6 client beds In
9/8/11
1 re: parking
1!3/11 re: parking
B1
vloledon & 4115111 re:
6
disturbance.
This facifly OPEN as of 1011110._
Except 156 beds In Peninsula Zone
Facilities outside
This facility located in
and Lido Island, a0 facilities located in
Peninsula Zone located
Peninsula Zone
s
MFR
_ In MFG.
—
Newfacilitiesopenedallereffective
Bieck is area bounded
data -one facility par block. of across
by four streets, not
Sole facility on block
7
soldering street
anew .
_
Ordinance Effective
Dale : 511299
Dispersal Dale:
11/12/11
118451h St. a 12245th St. - BOTH CLOSED
Exceplloas not required
Dlsperal- disperse to one facility Per
to disperse: 11240 th
3071234th St. or 3091234th St - BOTH
black wAn 30 months of affective data
SL and 3980 -3980
Sole facility an block-
CLOSED
of ordinance adopting agreement.
Seashore; 122 45th S1.
no dispersing required
4800 Seashore a 4818 Seashore -4018
Fa exceptions under DA may
Four
and 4500.4500
remain wAn same block.
Seashme;8110
CLOSED 1227110
Oceanfront and 811 I
Oceen Frond; 4711
Seashore and either
4800 Seashore a 4816
fl
Snxahaa
_
In compliance. of final
Dlapert
No new facility established outside
Peninsula Zara until dispersal
location complete
g
completed.
1227!10._
7 /10.
No facility wAn 1,000' of
Proximity to schools, large dry core
NMUSO elementary
In cornpllance
facilities
school or large day care
to
facility
No facility adjacent to
Proximity to parks
381h St. mod lot or Marine
In compliance
it
Park dot lot
Parolees from CA Dept.
of Cerectionsor
NBPD performed
equivalent prohibited,
parolee checks 128/10,
SLOTS reports no parolees at any SLOTS
Parolees and government laterals
government referrals
429/10,729110,
Incompliance
address.
prohibited. Other
9130 110,1021 110and
NBPD reports no parolees at any SLOTS facility
parolee /pieballalers- 1
2/1/11
as of 2 -1 -11. Effective Feb. 2011. NBPD
per dwelling unit allowed
requests they be asked to supply this information
12
Disposed of In
for cd(Nnel few enforcement pupous only.
SLOTS management has Instructed all stall at all
Medical waste disposal
accordance with law
No complaints received
facilities of proper procedures and prefered
to
amd best wadies
Comply with NBMC
Exterior inspection-
i leposal crashed. —
Other waste disposal
fresh enclosure
918/11
Incompliance
14
provisions
—
Good faith effort b
prevent smoke affedthg
neighboring properties:
Exteda lnspecUOn-
No complaints received,
Secondhand smoke
direct clients not to litter
81811 I
no smoke or related
with tobacco products
litter observed
or violate smoking
prohibiUens
is
Incompliance. No
Comply with NBMC
Exledor Inspection-
Olfslreet parking
requirements fa
918111
complaints received
16
offstreet ending
eyednc to Itis
Required staffing
v
24 -hour hotline for
complaints
In COnlspllence
HoUlne- (019)654 -1147
Quiet hours, all
residents Inside: Sun -
No noise complaints
Owlet hours
Thum: 10 PM - 7 AM;
received
Fri - Set: I 1 PM - 7 AM
Is
Complaint received van drivers not adhering to
Routes submitted to
No transport route
scades amtl unsafe driving
Client transport mules
City. g� faith efforts
complaints received
sentlwrille
SLOTS met van drivers 8 sent written
SLOTS met
Iq
lo adhere required
specific to this facility.
No delivery complaints
erall
notice m tldvas fe: rectuffements, &8111.
0rxklgcuslomary Urea
Deliveries
for deliveries In
received
z0
residential area
2 clients per bedroom
Clams W bedroom
unless size of structure
Interior Inspection
2 clients per bedrooms
Consistent vnlh provisions of ZA
warrants more for any
728/tO
Or lbNer
1:1
single bedroom
Compliance repoN
Semi annually; by
Reporting Fraquenry
December 31 end June
submitted 1/lt/17 end
Incomplian
9,5
m
97
A 81
C
D
E
G
N
2
SLOTS Zoninil
Affrooniont - 2011
Annual Compliance
- Individual Facilities
Condition category
I
I
Code Enroicement
Complaints received;
i
Facility address: 6101 River, Unit B
Interior Inspection
Client bed as consistent
Insufficeint i evidence to
(6 client beds)
Inspecllon - 918 /it
spectl;Exleri11
with rte reported
establish violation of
s
This facility located in
plain
soma complaints.
This lacilily OPEN as of 10/1110 _
Except 166 beds lo PeNinsula Zone
Facihtles outside
and LMO Ish". all facilities located
Peninsula Zone located
Peninsula Zone
s
in MfFR
In MFR Only.
New faWdks opened after effective
Block is area bounded
dale - ale facility per block, Or across
by four streets. not
Sole facility on block
r
borderino street
allays.
Ordinance Effective
Date: 5/12109
Dispersal Dale:
11/12111
11845th S1. or 12245th St. - BOTH CLOSED
Exceptions not required
Dlsperal - disperse to one facility per
to disperse: 1124011a
307 112 341h St. or 309 112 341h St - BOTH
block Win 30 months of effective dale
St. and 3960.3980
Soto facility on block -
CLOSED
of Ordinance adopting agreement.
Seashore; 12245th St.
no dispersal required
4800 Seashore or 4818 Seashore - 4816
Four exceptions under DA may
and 45044504
remain whin same block.
Seashore; 6110
CLOSED 12127110
Oceanfront and 6111
Ocean Front; 4711
Seashore and either
4800 Seashore m 4818
e
Seashore
Dispersal of final
-
No new facility established outside
Peninsula Zone until disposal
location complete
9
completed.
No facility wan 1,000' of
12/27/10
_
-
Proximity to schools, large day care
NMUSD elementary
In compliance
Winkle
school or large day
0
carefacility,
No facility adjacent to
Proximity, to parks
3611a St. to lot or Marta
In complines
u
Parklatlot
Parolees from CA Dept.
of Corrections or
NBPD performed
equivalent prohibited,
parolee checks 1128/10.
SLBTS reports no parolees at any SLOTS
es and government referrals
Parolees
rereferrals
prohibited. Other
4129110, 7/29110.
In compliance
address.
a
WJO /10, 10121110 and
NBPD repots no parolees at any SLOTS Wily
parolee /- reballMee -1
211111
as of 2 -t -11. Effective Feb. 2011, N8PD
per dwelling unit
requests they be asked to supply this Inrarmatlon
12
allowed
for criminal law enforcement purposes only. _
Disposed or in
Interior thspectlon
In compliance. Per
SLBTS, no medical
SLBTS management has instructed all staff at all
Medical waste deposal
accordance with few
with l
8/5!11;Exlerko
waste generated at this
facilities or proper procedures and preferred
13
and dance
a
BBSII1. n - 918/11
facility.
disposal method.
_
Comply with NBMC
Interior Inspection
Other waste disposal
trash enclosure
815 111; Exterior
Incompliance
un
provisions
Good faith effort to
Innspectil on- 918/11
prevent smoke affecting
neighboring properties;
Interior inspection
No complaints
Secondhand amoke
direct clients not to litter
815111; Exterior
received, no smoke or
with tobacco products
Inspection - 918111
related litter observed
or violate smoking
15
prohibitions
Complaint received re: van unloading clients In
Comply with NBMC
Interior inspection
Complaints submitted
red curb zone. SLBTS no6ned orviolallon.
O6atrea parking
requirements fa
815/11; Exterior
In mlrlplpnce.
to Code Enforcement
Residents of this facility are new picked up at
is
olquir et parking
Inspection - 9/8/11
alternate location_
Haalne- 849)654 -1147 _
v
Required slalfhg
24- hourhstate for
cont state
Incompliance
-
_
Quiet home, an
residents Inside: Sun •
No noise complaints
Oulel home
Thurs: 10 PM - 7 AM;
received
is
Fri - Sat: 11 PM - 7 AM
Complaint received van drivers not adhering to
submitted
Routine submitted to
No transport route
route plans, and unsafe driving conddlons.
Client transport routes
City, good faith efforts
complaints received
SLBTS met wit all van drivers E sent written
19
to adhere
No delivery complaints
notice to drivers re: requirements 818111._
--
During aslonary tines
Deliveries
for deliveries In
received
20
residential area
2 clients per bedroom
Clients per bedroom
unless size of structure
Interim Inspection
2 clients per bedroom
Conslslenl with provisions of ZA
warrants care for any
8/5111
or less
single bedroom
n
Semi ennu9lty; by
Compliance reports
1,
Reporting Frequency
December 31 and June
submitted 1/11/11 and
In compliance
30
1 7/1111,
1
97
92
9J
A a
c
p
E
G
m
2
—;
SLBTS Zoning
Agreement - 1
d
Date
Result
Complaols to or
Code Enforcement
Nales
Facility address: 3960 -3980
Exterior inspection -
NSPD responded to
Seashore (4 client beds In 3880, 6
9 /8 8/I11I 1
call for service 7115/10
s
client bads In 3680
This facility located In
re; pelt theft. eB.
3980 Seashore closed 12/1/10 _
Except 156 beds In Peninsula Zone
Facilities outside
and Lido Island, all facilities located
Peninsula Zone located
Peninsula Zone
6
in MFR
In MFR only.
Block Is area bounded
New fuditles opened after effective
date - one facility por block, or acrosts
by four streets, not
Exception under ZA
bordering street
alleys.
Ordinance Effective
Date: 5112109
116 45th St. or 122 451h St. - BOTH CLOSED
Dispersal Date:
11112!11
307 112 34th St. or 309 112 Wh St - BOTH
Exceptions not required
CLOSED
ONpasM• disperse to one facility per
to disperse: 11240th
block wM 30 months of effective dale
St. and 3960 -3980
Exception under ZA-
4800 Seashore or 4816 Seashore -4816 CLOSE
of ordinance adopting agreement.
Seashore; 122 451h St.
no dispersal required
12/27/10
Four exceptions under DA may
and 45004504
remain w/ri same block.
Seashore; 6110
Although this facifly and 11240th Street allowed
Oceanfront and 6111
to slay under ZA, 3960 Seashore Or. dosed as
Ocean Front; 4711
of 12 -1 -10
Seashore and either
4800 Seashore or 4816
e
Seashore —
In compliance.
N0 new facedy established outside
Peninsula Zone unls dispersal
Dispersal of final
corrhpieled.
location complete
9
No facility wrin l,OW of
-
12127110.
Prexknityloschools,WgedayWe
NMUSD elementary
Incompliance
facilities
school or large day
to
care- fadlity
No facility adjacent to
Proximity to parks
36th S1.101 lot or Marina
In compliance
I 1
Park lot lot
Parolees from CA Dept.
of Corrections or
NSPD performed
equivalent prohibited,
parolee checks 1128/10,
SLBTS reports no parolees at any SLBTS
Parolees and government relerteb
government referrals
4;29110.7;29/10.
In compliance
address.
prohibited. Other
9/30110, 11111. 0 and
reports no parolees at any SLBTS /acildy
parolee /probationers - 1
211/11.
as of 11. Effective PD
a
per dwelling unit
be ak to s supply [ is lion
quests they be asked to supply [his
for
allowed
Disposed of In
_
Incompliance. Per
criminal only.
for wiminal few enforcement purposes only.
Medical waste disposal
accordance with law
SLBTS, no medical
SLBTS management has Instructed all staff at all
and best practices
waste generated at this
facilities of proper procedures and preferred
its
ledlay.
tlbo0ul method_
Comply with NBMC
ExteriorInspectlon -
_
Olher wasledisposal
fresh enclosure
918111
Incompliance
H
provisions
Good faith effort to
prevent smoke affecting
neighboring properties;
Exterior Inspection-
No complaints
Iis00fld11s110 smoke
direct clients not to tiller
g/e /11
receved, no smoke or
with tobacco products
related lifter observed
or violate smoking
prohibitions
Exterior Inspection-
incomptifrlro No
—
Comply with NBMC
Olf"MparkInp
requirements for
soft
complaints received
16
pffslreel parking
24 -hour hotline for
a K,�tb to this fadfit
Incompliance
Required elalrkg
V
complaints
Holl -_ 94( 8) 5544147
Quiet hours, all
Oulelhaws
residents Inside: Sun-
No noise complaints
Thum: 10 PM - 7 AM;
received
Fri - Sat: /1 PM - 7 AM
is
Routes submitted to
Complaint received van drivers not adhering to
Client transport (aides
City, good faith efforts,
No route transport
route plans, and unsafe driving conditlons.
to adhere required
complaints received
SLBTS met wl all van drivers & sent written
19
During customary IIn19s
No delivery complolnb
nolke to dMem re requirements amil1.
Deliveries
for deliveries in
received
N
residential area
2 clients per bedroom
Clients per bedroom
unless size of sWclure
warrants more for any
single bedroom
21
Semi annually; by
Compliance repots
Reponkhg Frequency
December 31 and June
submitted 1/11/11 and
In compliance
22
30
9J
100
101
A 01
c
a
I E
F
G
1 H
2
SLBTS Zoning
Agreement - 2011
Annual Compliance
- Individual Facilities
Date
NBPD or
Notes
4
internal inspection
NBPD responded to
Facility address: 4500 -4504
1/31/11;
1;
call service 812 &10
Seashore (10 client beds between
Exleria Inspection
ion-
Client beds lent
us
s
two units)
8111
8 /8 /ll _
with q'a reports d. .
This facility located In
cif umstance
circumstances.
This facility OPEN as 0110/1 /f0
Except 158 bed! In Peninsula Zone
Facilities outside
and Lib Island, all facilities located
Peninsula Zone located
Peninsula Zone
5
In MFR
in MFR only.
Block is area bounded
New facilities opened after effective
date -are (achy per block, or aaoss
by four streets, not
Sole facility on block
v
borderho street
_ alley
Ordinance Effective
Dale: 5112109
Dispersal Date:
118 45th St. or 122 4Sth St. - BOTH CLOSED
11112111
Exceptions not required
307 112 34th St.or 309112341h S1. -BOTH
DIsperal- disperse to one facility par
to disperse: 11240th
CLOSED
CLOSE
block Win 30 months of effective date
St. and 3960.3980
Exception under ZA-
of ordinance adopting agreement.
Seashore; 122 45th SI.
no dispersal required
Seashore a4816 Seashore -4816 4800
FourexceplbnsunderDAmay
and 4500-4504
CLOSED 12127/10
CLOSED ED
lemon whn same block.
Seashore; 6110
Oceanfront and 611 I
Although this facility and 122 45th both
Ocean Front; 4711
Seashore and either
allowed to stay under ZA, 12246th has
4800 Seashore or 4816
closed.
e
�eashure
_
In compliance.
Dispersal of final
No new facility established outside
Peninsula Zane until dispersal
Watbn complete
a
completed.
12127/10.
No fadl0y wile 1,000' d
Proximity to schools, large day care
NMIISD elementary
Incompliance
fecl0les
school or large day
-
10
care facilit
No facility adjacent to
Proximity to parks
361h St, lit lot or Madre
In compliance
u
Park lot lot
Parolees from CA Dept.
of Corrections or
NBPD performed
equivalent prohibited
perolce checksl/28110,
SLATS reports no parolees at any SLBTS
els
Parolees and govemmenl referrals
referrals
Other
4129/10,7129/10,
In Compliance
address.
prohibited.
9/90/10, 10121/10 and
NBPD reports no parolees al any SLBTS facility
parolee /proballoners - 1
211/11,
as of 2 -1 -11. Effective Feb. 2011, NBPD
per dwelling unit
requests they be asked to supply this Information
11
allowed
for criminal dawenforcement urposerimly.
Interior bspedion
Disposed of in
Incompliance. No
medical waste
SLBTS management has instructed all staff at all
Medical waste disposal
accordance with law
1131111; EZlerbr
generated at this
facilities of proper procedures and preferred
13
end best practices
nnpecllon - 9/8/11
facility.
disposal method.
Comply with NBMC
Interbrinspecllon
Other waste disposal
trash enclosure
1131111; Exterior
Incompliance
14
provisions
Ingectiong/8111
Good faith effort to
prevent smoke affecting
neighboring properties;
Interior inspection
No complains
Secondhand smoke
direct clients not to litter
1/31111; Exterior
received, no smoke or
with tobacco products
Inspection 918 111
related litter observed
or violate smoking
prohibitions
5
Comply wim NBMC
Interior inspection
Incompliance. No
Olfstreet parking
requirements for
1/31 /11; Exterior
complaints received
16
offshoot perking_
24 -hour hotline for
com lainta
InsoeGign 9/8/11
spec8lc to this facility.
Incompliance
_
Hovins- (919)554 -117
D
_
Required staffing
Quiet hours, all
residents Inside: Sun -
No miss complaints
Quiet hours
Thurs: 10 PM - 7 AM;
received
Fri - Sal: 11 PM - 7 AM
18
—
Complaint received van drivers not adhering to
Routers submitted to
No transport route
route plans, and unsafe driving
Client transport routes
City, good faith efforts
complaints received
sendilbns.
SLBTS met van drivers 8 sent written
121
to adhere required
spec inc to this facility.
_
emit
rldke b driven re: requirements 818 111
During customary times
No delivery complaints
Deliveries
for delivedes in
received
10
residential area
2 clients per bedroom
Incompliance 2 client
Ctlenle per bedroan
unless size of structure
Interior inspection
beds per bedrooms
wenenla more for any
1131111
less
angle bedroom
n
Semi annually; by
Compliance reports
Reporting Frequency
December 31 and June
submitted 1/11/11 and
In ocmpllantw
11
30
7/
101
102
103
A li
c
0
E
i
G
H
2
SLBTSZonlng
An reennont -2011
Annual Compliance
- Individual Fact I [ties
Condition Category
Specific RequIfements
Inspectiorl i
i,
4
Code Enforcement
Facility address: 4711 and 4711 112
NBPD responded to
Seashore. (6 client beds at 4711, 2
Exterior inspection
call for service 7 /4111
client beds at 4711 112 since
9 18 /11
re: suspltlous
-
911110.
dfcumslances
This facilAV OPEN as of 10/1110
Except 156 beds in Peninsula Zane
Facilities outskei
This facility located in
and Lido Island, all facilities located
Peninsula Zone located
Peninsula Zone
6
In MFR
In MFR only.
New fftil4la3 opened after effective
Block is area bounded
dale - are facility per block, or across
by four streets, not
7
brardening street
alleys.
Ordinance Effective
Dale: 5/121)9
Dispersal Dale:
11112111
116 45th St. or 122 45th S1. - BOTH CLOSED
Exceptions not required
Olsperal- disperse to one facility per
to disperse: 11240 Ih
307 112 341h S1. or 30911234th St - BOTH
block wfn 30 months of effective dale
St. and 3960 -3980
ton under ZA -
CLOSED
a ordinance adopling agreement.
Seashore; 12245th St.
no dispersal
no lspersel required
Four exceplionsunderDAmay
and 45004504
4800 Seashore or 4816 Seashore -4816
remain wnu same block.
Seashore; 6110
CLOSED 12127110
Oceanfront and 6111
Ocean Front; 4711
Seashore and either
4800 Seashore or 4816
e
Seash
No new faUl4y established outside
In coinpllance.
Dispersal of final
Peninsula Zone until dispersal
location complete
9
completed.
-
No facility wfn I. a
Prox" to schools, large day care
NMUSD elementary
In compilance
facilities
school or large day
10
care facilid
No facility adjacent to
_
Proximity to parks
361h St. tot lot or Marina
In compliance
11
Park lot lot
Parolees from CA Dept.
of Corrections or
NSPD performed
equivalent prohibited.
Parolee checks 1128/10,
SLBTS reports no parolees at any SLBTS
Parolees and government referrals
It referrals
prohibited. Other
429110, 7129/10,
In compliance
address.
8130/1O,10/21/1Oaed
NBPD reports no parolees at any SLBTS facility
paroleelproballonere - 1
211111
as of 2 -1 -11. Effective Feb. 2011, NBPD
per dwelling unit
requests they be asked to supply this Information
12
allowed
Disposed of in
Exterior Inspection
for criminal law enforcement purposes only.
SLBTS management has Instructed all slelf at all
Medical waste disposal
accordance with law
Will
No complaints received
facilities of proper procedures and preferred
13
_
and best praclkas
_
disposal method.
Exterior lnspedlon
Comply with NBMC
Olhx waale disposal
trash enclosure
9/8111
Incompliance
14
provision
Good faith effort to
prevent smoke affecting
neighboring properties;
Exterior Inspection
No complaints
Secondhand smoke
direct clients not to litter
918/11
received, no smoke or
with tobacco products
related litter observed
or violate smoking
prohibitions
Comply with NBMC
Exterior inspection
In complimtce. No
Offstrsa Pam"
requirements for
9 11
complaints received
16
eXetreel aP rkng
24-hour hotline for
complaints
specificrto this fagT .
v
Requited stalling
Incompliance
Hotline - {94911164.1147
Quiet hours, all
residents Inside: Sun-
No noise complaints
Quiet hours
Thurs: 10 PM - 7 AM;
received
1e
Frl - Sat: 11 PM - 7 AM
Complaint received van drivers not adhering to
Routes submitted to
No transport route
route plans, and unsafe driving conditions.
ClIent transport routes
City, good faith efforts
complaints received
SUITS met w/ all van drivers 6 sent written
la
to adhere required
Dudng customary times
specific to this facility.
notice to dmers re: requirements 8/8111.
No delivery complaints
Deliveries
for deliveries In
received
20
_
residential area
-
Interior Inspection
2 clients per bedroom
Clients par bedroom
unless size of structure
wamanls more for any
9129110; Exterior
2 per bedroom or less
zt
single bedroom
Semi annually; by
Inspection 9/8111
Compliance ropeds
Reporting Frequency
December 31 and June
submIted 1/11/11 and
In compliance
22
103
1-04
105
Alai
C
D
E
G
N
2
SLOTS Zoning
Agreement - 2011
Annual Compliance
- Individual Facilities
Coridifion Category
Specific Requirements
Inspection Date
or
NW,s
d
Code Enforcement
Facility address: 4800 Seashore.
Interior inspection-
9 beds reported
9
NBPD responded to
call for service 10/5/10;
A&B (10 client beds between 2
815/11; Exterior
as of 6130111. 10. bed
resulted parking
5
units)
Inspection Staff l
elided Ju 2011.
dded J0f2
citation.
This l "auklyOPEN as of 1011110.
Except 156 beds N Peninsula Zone
Facilities outside
This facility localed in
and Lido Island, all facilities located
Peninsula Zone located
Peninsula Zone
6
In MFR
in MFR Only.
New fscu les opened offer effective
Block is area bounded
dale - me facility per block, or acloa9
by four streets, not
bordering street
alleys.
Ordinance Effective
Dale :5/12/09
Dispersal Dale:
11112/11
Exceptions not required
Disperal - disperse to one facility per
to disperse: 112 40 N
block wlm 30 months of effective dale
St. and 3960 -3980
ExceplionunderZA -
ofordinanceadoptingagreemenl.
Seashore; 12245th St.
no dispersal required
Four exceptions under DA may
and 4500.4504
116 45th St. of 122 451h St. - BOTH CLOSED
remain win same block.
Seashore; 6110
Oceanfront and 6111
307 112 34th Si. or 309 112341h Si - BOTH
Ocean Front; 4711
CLOSED
Seashore and either
4800 Seashore or 4818
4800 Seashore or 4816 Seashore - 4816
a
Selu11ae
CLOSED 12127110 _ _
No new facility established outside
In compliance.
Peninsula Zone until dispersal
Dispersal of final
completed.
location complete
9
12027110.
Nofacilitywhn 1,OOdof
Proximity to schools, large day cas,
NMUSD elementary
In complance
fsUBks
school or large day
le
we facility
No facility adjacent to
Proximity to parks
36th St. td Id or Marina
In compliance
11
Park tot lot
Parolees from CA Dept.
_
-
of Corrections or
NBPD performed
equivalent prohibited,
parolee Checks 1128110,
SLOTS reports no parolees at any SLBTS
Parolees and government referrals
government referrals
prohibited. Other
4129/10,7129/10,
In compliance
address.
parolee /probatloners- I
9/30/10, 10121 /10 and
NBPD reports no parolees at any SLBTS facility
per dwelling and
2/1111.
as o12 -1 -11. Effective Feb. 2011, NBPD
e
slimed
requests they be asked to supply this information
12
_
101 criminal law lefOftertleml pufp09e9only.
Disposed of In
Interior Inspection -
In compliance. No
medical waste
SLBTS management has Instructed all staff at all
Medical waste disposal
accordance with law
815 /11; Extorter
generated at this
facilities of proper procedures and preferred
13
and best practices
Comply with NBMC
Inspection 918111
facility.
dlspm ImethoO.
Interior Inspection -
Other waste disposal
bash enclosure
815111; Exterior
In compliance
14
_ provisions
Good faith effort to
Nppecllm 918/11
_
prevent smoke affecting
No complaints
neighboring properties;
Interior Inspection -
received. No smoke or
Secondhand smoke
direct clients not to litter
815111; Exterior
related litter observed
with tobacco products
Inspection 918111
during Inspection
m violate smoking
prohibitions
is
Complaint received;
Comply Win NBMC
Interior inspection -
Complaint to Code
Followup Inspection by Code Enforcement
Off street parking
requirements for
815111; Extorter
parking spaces partially
Enforcement re:
8116/11, garage spaces now clear for parking of
16
olfsheelparkin
Inapedlon 916111
obstructed.
obstructed oarklna.
vehides.
Required staffing
In compilance
Hotline - (9491654 -1147
v
24-hour hotline for
complaints
_
Quiet hours, all
Quiet hours
residents Inside: Sun-
No noise complaints
Thurs: 10 PM - 7 AM;
received
Fri - Sat: 11 PM - 7 AM
19
Routes submitted to
No transport route
Complaint received van drivers not adhering to
Client transport routes
City, good faith efforts
complaints received
route plans, and unsafe driving conditions.
to adhere required
apecilic to this facility.
SLBTS met w/ all van drivers 8 sent written
19
notice to drivers re: requirements 8/8/11. _
During customary times
No delivery complaints
Deliveries
for deliveries In
received
20
residential area
2 clients per bedroom
Interior inspection -
_
Cknls par bedroom
unless size of structure
warrants more for any
815111; Exterior
2 per bedroom m Was
single bedroom
Inspection 9/8/11
L
21
Semi annually; by
Compliance reports
Report" Frequency
December 31 and June
submklad 1/11/11 and
In compliance
22
30
105
100
1D�
A1111
C
I D
E
I F
1 G
N
2
SLBTS
Zoning
2011
Annual Compliance
- Individual
:•s
Facilities
4
_
Cod. Erif.nsn�.w
FaciMy address: 4816 Seashore, ASB
(4 client beds In A, 6 cllend beds In
No complaints from public
ThIs facility CLOSED DU27110
s
B )
Facilives outside
Except 156 beds In Peninsula Zone and
This facility baled in
Lido Island. all ledlilies baled in MFR
Peninsula Zone located
Peninsula Zone
6
in MFR ony.
Block is area bounded by
New facilities opened a0er effective
date - one facility per block, or across
four abeets, not alleys.
7
bofderi sheet
Ordinance Effective Dale
:5/12/09
Dispersal Date: 11/12/11
Exceptmns not required
Disperal - disperse to one facility per
to disperse: 112 40 th St
118 45th SL or 122 45th St. - BOTH CLOSED
block wile 30 months of effective dale d
and 39603980
Dispersal required. In
ordinance adopting agreement Four
Seashore; 12245th St
canp5ance;facility
30717234th St. or 30911234th S1 -BOTH CLOSED
exceptions under DA may remain w/N
and 4500 -0504
dosed 12/27V70.
some block.
Seashore; 6110
4800 Seashore or 4816 Seashore - 4816 CLOSED
Oceanfront and 6111
on SCHEDULE an 12/27/10
Ocean Front; 4711
Seashore and either
4800 Seashore or 4816
6
Seashore
In compliance.
No new tacitly established Winds
Dispersal of final
Peninsula Zone unlit dispersal
location complete
This facility is final locatlmr requiring dispersal;
9
completed
12127110.
closed on 12127110.
No facility WiM 1.001Y or
Proximity to schools, large day care
NMUSD elementary
lacA,ties
school or large day care
10
1
facility
No facility adjacent to
Proximity to perks
36th St. lot lot or Marina
11
Park lot lot
Peroless from CA Dept.
of Corrections or
equivalent prohibited,
Parolees and government referrals
government referrals
prohibited. Other
parolee /probationers -1
per dwelling unit allowed
12
Disposed of in
Medical waste disposal
1
accordance with law and
13
beslpraclices
Comply with NBMC hash
Other waste disposal
14
enclosure provisions
Good faith effort to
prevent smoke.0e<ting
neighboring properties;
Secondhand smoke
direct clients not to litter
with tobacco products or
violate smoking
15
prohibitions
Comply with NBMC
Offaheel parking
requirements for offshoot
16
parking
Required saffmg
24 -hour hotline for
In compliance
17
complaints
Hotline - (949)5541147
Dual hours, all residents
0.101 hours
inside: Sun - Tours: 10
PM - 7 AM;
1a
Fri - SeL 11 PM -7 AM
Routes submitted to City,
Client transport cornea
good faith efforts to
19
adhere required
During customary times
Deliveries
for deliveries in
2a
residential or"
_
2 clients per bedroom
- -
Clientsperbedroom
unless size of structure
warrants more for any
21
1
9i !e bedroom
Semi annually; by
Compliance reports
1
Reporting Frequency
Decemberill and June
submitted 1/11111 and
Incompliance
22
1
1
30
1D�
102
Iq9
A B
c
D
E
F
G
2
SLBTS Zoning
Agreement - 201,
Annual Compliance
- Individual Facilities
Specific Requirements
Inspection Dale
F•
4
Conifilion Category
Code Enforcement
Facilityaddress: 8110W.Ocean
Exterior inspection
pu complaints from
publk
s
Front 16 client beds)
9 /8/11
ThlstacilNy OPEN as of 1011110
Except 156 beds in peninsula Zone
Facilities outside
This facility located in
and Lido Island, all facilities located
Peninsula Zone located
Peninsula Zona
s
In MFR
in MFR onty,
New facilities opened after effective
_
Block Is area bounded
dale - one facility per block. or across
by four streets, not
/
bordering street
allays.
_
Ordinance Effective
Dale: 5112109
Disperse/ Data:
11/12/11
118 45th St. or 122 451h St. - BOTH CLOSED
Exceptions not required
Uisperal- disperse to one facility per
to disperse: 11240 th
30711234th St. of 30911234th St - BOTH
block won 30 mmilhs of effective dale
St. and 3960 -3980
Exception under ZA -
CLOSED
of ordinance adopting agreement.
Four exceptions under may
Seashore; 122 45th St.
and 4500-4504
no dispersal required
4000 Seashore or 4816 Seashore - 4816
remain w /�n same bock. .
wfin same
r; 611
Seashore; 8110
CLOSED 22127110
Oceanfront and 6111
Ocean Front; 4711
Seashore and either
4800 Seashore or 4816
a
Seashore
No new facility established oulskle
In compllance.
Dispersal of final
Peninsula Zone until dispersal
location complete
q
completed.
12127110.
No facility wfin 1,000' of
Proximhy, to schools, large day we
NMUSD elementary
In compliance
facilities
school or large day
w
care facility
No facility adjacent to
ProxYMy, to park$
36th St. Id lot or Marina
In oomilisnts
u
Park lot lot
Parolees from CA Dept.
of Corrections or
NBPD performed
equivalent prohibited,
parolee checks 1/28110,
SLBTS reports no parolees at any SLBTS
ala
Parolees and government referrals
referrals
prohibited. Other
41110. 2lite
Incompliance
address.
1012 a
9/30/10, and
NBPD reports parolees al any SLBTS facility
parolee /probatoners - 1
1.
211/11,
ff NBPD
11. Effective Feb.
per dwelling unit
requests They be asked to soppy Nis inlamalon
re quests supply
iz
allowed
for criminal taco enforcement purposes only.
SLBTS management has instructed all staff at all
Disposed of M
Exterior Inspection lion
No
Medical waste disposal
accordance with law
918/11
ocompOsnco.
complaints received.
of proper procedures and preferred
la
and best practices
disp osal method.
_
_
Comply with NBMC
Exterior Inspection
Incompliance. No
Other waste disposal
trash enclosure
918111
complaints received.
14
rovisons
_
Goad faith effort to
prevent smoke affecting
neighboring properties;
Exterior inspection
Nocomplalnls
Secondhand smoke
direct clients no to tiller
918/11
received, no smoke or
with tobacco products
related litter observed
"violate smoking
prohibitions
is
Comply with NBMC
Exterior Inspection
Incompliance. No
OffsUeel parkkq
requirements for
9re111
cont plaints received
to
offstr eel parkin
to this facility.
Incompliance
Hotline- (949)554 -1147
v
Required sls"
24 -hour hotline for
complaints
_
Quiet hours, all
residents Inside: Sun -
No noise complaints
Quiet hours
Thurs., 10 PM - 7 AM;
received
is
Fri - Sal: 11 PM - 7 AM
Complaint received van drivers not adhering to
Routes submitted to
No transport route
route plans, and unsafe driving
Client transport route$
City, good faith efforts
complaints received
sendNOns.
SLBTS met cal eft van drivers d sent wr8len
iy
to adhere required
Specific to INS reality.
No delivery complaints
nolke to drivars re: requirements 818th 1.
During customaryemes
Deliveries
fie deliveries In
received
20
resklentlal area
2 clients per bedroom
Interior Inspection
Caenls per bedroom
unless size of structure
9129/10; Exterior,
2 beds per bedroom or
warrants more for any
Inspection 918/11
less
single bedroom
-
21
Semi annually; by
Compliance reports
Repoding Frequency
December 31 and June
submitted 1131/11 and
In compliance
u
11f
Iq9
110
Ravi
A a
C
o
E
G
n
Z
SLEITS Zoning
Agreement - 2011
Annual Compliance
- Individual Facilities
Condition Category
Specific Requitements
inspection Date
Result
3r
4
Code Enforcement
Facility address: 6111 Seashore (6
Exterior Inspection
No complaints from
public
client bads)
9/8111
This facility OPEN 880110/1/10
Except 156 beds in Peninsula Zone
Facilities outside
This facility located in
and Lido Island, all facilities located
Peninsula Zone located
Peninsula Zone
s
In MFR
In MFR only,
New facilities opened after effective
Block is area bounded
date -one facility per block, a across
by four streets, not
7
bandanna street
allays.
_
Ordinance Effective
Data :5/12109
Dispersal Data:
11/12/11
Exceptions not required
118 451h S1, or 122 45th St. - BOTH CLOSED
Disperal - disperse to one facildy per
to disperse: 11240th
black win 30 months of effective date
S1. and 3960 -3980
Exceptlon under ZA -
307 112 34th St. or 309 1/2 34th St - BOTH
of ordinance adopting agreement.
Seashore; 12245th S1.
no dispersal required
CLOSED
Four exceptions under DA may
and 4500 -4504
remain win same black.
Seashore; 6110
4800 Seashore or 4816 Seashore -4816
Oceanfront and 6111
CLOSED 12127110
Ocean Front; 4711
Seashore and either
4800 Seashore or 4816
a
Seagram,
_ _
No new facility established outside
In compliance.
Peninsula Zone until dispersal
Dispersal of final
completed.
location complete
s
12127/10.
No facility wfin 1,OW of
Proximity to scirools, large day care
NMUSO elementary
In compliance
factli ies
school or large day
10
care facility
No facility adjacent to
Proximity to parks
361h St. tot lot or Marine
In compliance
11
Park lot Id
Parolees from CA Daly.
of Corrections or
NBPD performed
equivalent prohibited,
parolee checks 1128/10.
SLBTS reports no parolees at any SLBTS
Parolees and government referrals
govemment re ferrals
4/29110, 7129110,
In compliance
address.
prohibited. Other
9/30/10, 10121110 and
NBPD reports no parolees at any SLBTS facility
parotee /proballOnere - 1
211/11
as of 2-1-11. Effective Feb. 2011, NBPD
per dwelling unit
requests they be asked to supply this information
12
allowed
for criminal law enforcement purposes only.
Disposed of In
Exterior inspection
No complaints
SLBTS management has Instructed all staff at all
Medical waste disposal
aaordancewith law
918111
received.
facilities of proper procedures and preferred
13
end beat radices
disposal method.
Comply With NBMO
Exlefior mapedlOn
Other waste disposal
trash enclosure
978111
In compliance
14
Good faith effort to
prevent smoke affeding
neighboring properties;
Exterior inspection
No complaints
Secondhand snake
direct clients not to litter
grit /11
received, no smoke or
with tobacco products
related litter observed
or violate smoking
prohibitions
is
Comply with NEW
Exterior Inspection
Incompliance. No
Off street parking
requirements for
918111
complaints received
16
ol[streel parking _
24 -hour hotline far
_
specific to this facility.
Required staffing
Incompliance
v
complaints
Hotline -. 949 554 -1147
Quiet hours, all
Quiet hours
residents inside: Sun -
No nolse complaints
Tours: 10 PM - 7 AM;
received
Fri-Sal: 11 PM•7AM
1
No transport route
Complaint received van drivers not adhering to
Rates submitted to
Client transport routes
City, good faith efforts
complaints received
route plans, and unsafe driving conditions,
to adhere required
specific to this facility.
SLBTS met w/ all van drivers 8 sent written
1
notice to drivers re: requirements 818111.
During customary times
No delivery complaints
Deliveries
for deliveries in
received
20
_
residential area
2 clients per bedroom
Interior Inspection
Clients per bedroom
unless size of structure
4127110; Exterior
2bede per bedroom or
warrants more fa an y
Inspection 918111
less
n
single bedroom
Semi annually; by
Compliance reports
Reporting Frequency
December 31 and June
submitted 1/11/11 end
In compliance
zz
1 1
30
Ravi
112
113
Al 31 c
0
E I
IF G
6
2
SLOTS Zoning
Agreement .2011
Annual Compliance - Individual Facilities
.
Psc�y oars: H]8 Patrlps -
Faterior insoeclvn
No complaxtts hrom
s
Ickent balls)
9/8/11
public
his fackly OF@: as of 10,1/10 lcpened x1110;
E%vW IN boa In Partial Zorsa
Fac,A es a.uifb
This facility kii
snit Llddl Oad hcibsrooats
PenlrWaZoneleceeed
outside Penneaa
Faclty oNsice Ferlrsula Zone
MFR
in MFR only
Zone, in MFR
��'snalls allnhad /b sRKM
31ock its area bounded
:n• factfy par bbtA a auou
by tour evens. rid
Sol laralny cn block
:.'sos r abaal
alleys
Ordnance Effeclm
Date 5/12,09
Dispersal Date.
li/12111
11845th SL or 12245th St BOTH CLOSEC
Exceptions not required
Depaal- dllpaes 10 ass (arty par
to disperse 11240th
307 12 34th SL or 309 12 34th St - BOTH
W MVM30fOCr181tdeAClWMM
St and39603980
CLOSED
of, apptll.0praanhara.
Seashore; 12245th SS
Final dispersal on or
FallasaspMaal Oda OArnay
and 45004504
before 12/30/10
4600 Seashore or 4816 Seashore - 4616
raltaYl lift fetish Elaol.
Seashore; 6110
CLOSED 12/27/10
Oceanfront and 6111
Ocean Front, 4711
Seashore and either
4800 Seashore or 4616
a
Soup"
No pasta leaft sablblishad alll
In compliance.
Palilhh Zone Sato depaaal
Dispersal of final
eared
location complete
No IscltitY wM 1.000' of
1227/10.
_
Proximal as schools, WW dry cans,
NMUSD alemenlary
Incompliance
farilss
school or large day
I it
came facility _
No facdsy alai l to
woaaray to pa4
36,1+ St. 1ul lit a Marina
h (.peplurrice
PNII NI pis
_
parolees YanCA Capt.
of CartacWm a
NBPD per to;
equNSers "toiled' parolee o110a4 12af0,
SLBTS reports nc paroles a any SLOTS
IPaat" and golamoss" ahresls
9 0n ed reOtherls
Other
429'10.72x10,
In compliance
addresa
*4
WM10, 1021/10 air
hBPD reports no paroles at any SLOTS fsci'Ay
pargae/pr 1
2!1/11.
sal 2-1-11 Effective Feb. 2011, NBPD
par aweWrp unit
requests, they be asked to supply this informal
h
allowed
-for mane few erforomml purposes only.
I
Disposed of in
Exterorr Inspection
NocanplaNNa
SLOTS rlunapement has instructs all NO at all
Meta l aaaa deposal
accordance with haw
xN11
reoeNa.
meddle of proper procedures and preferred
1s
and best practices
method.
t
Comply with NOMC
Exterior Inspection
,deposal
Oliver wave disposal
trash enclosure
9/8/11
In canpllatp.
Good faith effort to
prevent smoke affecting
neighboring properties',
Exterior Inapec6on
Nocor lairds
BaWrlMartd anasa
direct tllanla rid to ltiter
918/11
•ecci no smoke or
with tobacco products
related laerobserved
or violate smoking
prohibitions
Comply wen NBMC
Extencr lnspetlior,
In compliance. No
claoi patio
"Insrosnts for
9/8 /t 1
cortplse+ts nrxwed
ortareet parking
specific to this fal
_
R aOaad allip a
24-nau horms, fa
Yt
camper -
_
Napala- 19{8)5411 {7 _
Oust hours. 84
OWN! hays
residents naile: Sus-
No noise comPakrs
Thum 10 PM -7Alit
moemd
Fn - Sal. 11 PM -7 AM
Rados auprsEad to
1
No transport roue
Complain recessed van drvas not alpMhbgb
s'a aom mites
City, good 1&0 elfaa
oanpeins received
rate plans. ad unial dnWq c odalaa.
i.
to adhere required
fpaCrfk to Inns laulay.
SLUTS metal all van drirala i sea thrall
dMaq lMrses
—
No delivery complaits
nptios to driran re:lalWWararnla NNtt.
"M
delw6rhary
b delrvela in
'
rssNenhdWr
2 ellenie per bedroom
;mmcr inspactlofs
received
Wiest sue d stmclure
2 bas par bsdroama
Cams per OaOroan
warrants more for any
92x10; E-alafef
esa
angle bedroom
Inspection 9!x11
Seml nnruaey, by
pllence reports
Feel Ing Frequency
December 31 and June
s 1111111 and
In compliance
22
113
114
1115
1 N
11
SLIBTS Zoning
Agreement .2011
Annual Compliance
- Individual Facilities
_—
Complaints to NBPD,1�
4
Code Enlaurement
Facility address'. 126 44th St, A&B
In anor inspection
NBPD respaxed to call
16 client bad. In A, 4 client bade In
1/31/11 and 8/5/11,
for service 1/16111 re:
Exertorinspection
Consistent with a beds
possible intoxicated
s
_
B)
9011.
lndivkuaL Facility opened December 2010
Except 155 beds In PenWSrda Zone
-_
FaaNes outside
,reported
This facility located In
and Lldo Island. M hrci bes WCWWVI
Peninsula Zone labeled
Peninsula Zone
I
s
_ _ 0 MIFR only_._
Block is area bounded
New faokdes opened after effscgya
data a s facility per block. or across
by four streata, not
Sole facility on black
7
street
aft@.
Ordinance Effective
Date :5/12/09
Dispersal Date:
71112/11
Exceptions not required
11845th SI. or 122 45th St. - BOTH CLOSED
Diafwsl disperse to are fwAIY Par
to disperse: 11240th
block wAn 30 months of affective data
St. and 3960.3980
Sale facility on black.
307 112 34th St. or 309 i/2 34th St - BOTH
of oribnance adw" agreement.
Seashore; 12245th St
Not subject to dispersal
CLOSED
Far exceplWns under DA may
and 4500 -4504
requirements
/arise wAn sane block.
Seashore; 6110
4800 Seashore or 4816 Seashore .4816
Oceanfront and 6111
CLOSED 72/27170
Ocean From; 4711
Seashore and either
4800 Seaatcre or4816
Reasi
.. _
In compliance.
No sea, alrZMn established obese
a Zan. taeg 414001W
Dispersal of final
Dispersal
CMMMM.
complete
No facility wAn 1,000' of
12,77110.
Pp1dlMly to schools, large day cars
NMUSD elementary
In compliance
man"
school or urge day argil
facilirl-
No laciliry adjacent to
Prcwnsry W Pees
Sam St. tot 8/l a Martha
In compliance
t
Park lot 10
Parolees from CA Dept.
_
-
-
-
of Corrections or
equlvelentprohiblted.
NBPO performed
SLBTS reports no parolees, at any SLBTS
govarrtmeM
Paroleem and nlartNS
government nationals
parolee checks 128/10,
p
In corn pprena
address.
prohibited. Other
429/10 and 7129/10
NBPD reports no parolees at my SLBTS facility
par
asof2 -1 -11. Effective Feb.2011.N6PD
per dwelling unit
per dwelling unit
they be asked to Duty
iz
allowed
-
Disposed of in
Interior
enforcement tines any..
- __._c. _p_rp_Y..
Medical waste dispoMl
sand
1/31/11 and 815/17,
medical west generate
medical sale tar
SLBTS management has inaWdetl all staff at all
benawiMew
end best Dnaces
Fxlan91 Wepectlon
al ms fadlM.
facilities of procedures and preferred
131
Comply wild NBMC
918/11.
Interior Inspection
dlsoael method.
method.
DOW waste disposal
trash andoeura
191 /11 and 815111,
Exeriormspection
In compliance
is
provisions
1.
Gaud faith effort e
prevent smoke affecting
Interiorinspection
neighboring properties;
7/31 /11 and 8/5/11,
No complaints received,
Secondhand smoke
direct clients not to litter
Exterior inspection
No smoke or related
with tobacco
918/111.
litter observed.
or Waists smoking
eking
is
prohibitions
Comply with NBMC
Interior inspection
In ampllara. No
—
000 t parkm 9
requirements for
1131111 an d8/8 /11,
received
conplato
oMtres perking
t park
Fxertor inepeaon
t
apabttic to this fedliry.
i6
24-hourhm� for
_ 9/6111.
Incompliance
Required selling
T
Hotline-(949) 6641147
_
Quiet hours, all
Quiet horns
residents inside: Sun -
No holes complaints
Thum: 10 PM - 7 AM;
mosived
Fri - Sal: 11 PM -7AM
Is
Routes submitted to
4.
No transportation route
Complaint received van driven not adhering to
CNN" transport mums
CiN, good faith allots
complaints received to
route plans, and unsafe driving conditions.
to adhere me whad
this facility.
SLBTS met w/ ad] van enven a sand written
rwtla b driven re:requirements 878!71.
During customary tiaras
No delivery complaints
Deaver"
for deltvenss in
received
residential arse
l
2 clients per bedroom
Ceenb per bslkoarl
unless size of structure
Interior Inspection
2 beds par bedroomar
wanslts morefor an y
1131M 1 and 815111.
less
single bedroom
Semi annually; by
Compliance reports
- - -
-
RspssgFlequsty
December 3l and June
submitted 12/14N9 and
Incompliance
30
7
1115
110
-S
-�
N Aireernent - 2011
Npr4e inspection
Annual Cmpl,afi-
dual Facilities
Fap0y me. 112400 at_ Aces
113N11"815,111.
Call be0e as
No mlrpbMS Nam
I4 client baM In 8, 2 staff In Al
Eaem nsWOSan
ooraiMera VAIN we
puts:
9011
rspww
The Ismobly OPEN as of 1O011110
iEacep she Bede n Passau Z" Facade aaade
TW Ill nrarea n
IWd Lab loft a%ON" bid Pnn GZara bceW
fR in Ii my
Pmr4NUa Zara
MM 8aeia ill~ aft WOOM
Block is eras beaded
silt- analmiroarbbat a
tyf".:ieat&nct
Exception under 7A
Ord.nance EBecbve
Dais 5117103
Diapersel Deb
11/12/11
118 4541 SI. or 122 45th Si - BOTH CLOSED
Except" not requine0
lo"bmyPm
tuduparm 11240th
3011/2341h St a3081234th St - BOTH
�otpmal•dopm
bbo0wih30mmYaelAbdba
St. era 38803380
Exception under ZA-
CLOSED
ldraaFOknerw adptrq
agmemee. Fars ezaaplbne under
Seashore, 12245th St
and 45004504
no dispersal required
4800 Seashore or 4816 Seashore 4816
IDA mw renasr *Al tame bbtll
Seashore; 6110
CLOSED 12127110
Oceanfront and 6111
Ocean Front; 4711
Seashore, end aNnr
4800 Seashore or 4016
No nee, hrlb rehadrs0 a1410e
m wmphenca.
�Petellb a" line
Disposal of Final
I @eptmed
bcauon oomplete
No faallry ann 1.OW W
Pr cam eaybadeoie, tye day ale
steam"
NMDSDOememary
in camolml
scimol or toe day
Np as
�Praasa b parlor
3SM S1 Witter
Whirina Park III! M
h cempaa,re
Per Nom CA Dept
i
�M roor
NBPo Performed mad
SI sepob rofraWS at anti SLOTS
Pmpyae erd parnrraraYrbs
govmnmee nlmnb
OMID, d�etla
V1m,042B/10,
hcandurce
�
NBPD rePmb ropaobasa011
prohENO direr
71ri110and W10.
awe s -1-1, Effective Felt 1, NOTSbcelY
pmolaa/Vrabmialrera
1021!10 and 711/11
requests ereY be asked m sas,p s
I per Odell una
ro
AND"ed
wo cea
Mamamn la aenmel ter e'rfaumNl
on
Disposed of in
Idmbr inspection
1131111 and 6,5111;
In mmplance No
medical waste
SLBTS management has instructed a I sbM at all
Aledrpm wale dopow
accerdance w4h W
E 'Interim nspeUion
0enoraad at mss
he hies W props, procedures aM prerenad
and bast practices
9011
f
disposal method
Ir4erw
Comply with NOW
nepadlorr
1131111 and MI 1:
Dow waHe dapcem
trash
Incompliance
Islons
pavlabns
Exterior inspection
Good faith Nion to
prevem amoks a0ecting
ne�ghbainq p,epsieos
Intanor, inspection
No cempeMa
8e, xi —ld sand
0nect ci�arfs rot to liner
1131111 era 81511 T,
receNed, no woke or
with labacm products
Exti mp,m
related I:nar omervea
err mate smoaaq
prolibbons
Candy rich NOW
Imerp nspaptlr
b mmptie,re p
OBatram peep
re@nerrena for
aMVNt paling
1131111 and SW 1.
Fx'erlor laped'orl
rnis
Wm, ro canpaT4f
locarvad
Ilepraa son
24 hw Was, for
h aompanre
lbtirla • 554-1147
Dula roan- an
01sma1n1ee
radaraa Made Sum -
No dales pareplaeas
Teas. 10 pM -7 AM,
towN
Fn -Se, 1/PM -7AM
Ror4as err- m b
No transport roW
amper4 raceved van trrvms rot eC ^, �; m
nub pans. ""tale asap mrAtara
flare lrarapa, nation
Coy. good eN atsab
con paa4e recewd to
SLBTS ma w1 W va dawns 8 sent wrtln
m amre required
era /pNy
r'plry to bwen re. vemer45 8911
Dam" aabmllary times
No daweiy complsies
Oaa,.+a
for delemil in
2 dents per'
bambrnspWM
Cseras pe aedroam
uneas tin W arauclum
1031111 and 8,5111,
2 per Osbpom a bee
No Cie -its n Unit A ten any
warrams more for a ly
EamYOr inspection
stripe bedroom
law!
Sans annually, by
Cobpaa ce repne
Repnrrg Freeway
Dismember 31 and ham
Went" 1 /11/11 red
In canPlance
217
112
Attachment K
Code Enforcement Inspection Reports
119
120
trr CODE AND WATER QUALITY
` `\1 . ,
ENFORCEMENT DIVISION
MEMORANDUM
February 15, 2011
TO: File
FROM: Matt Cosylion, Senior Code & WQ Enforcement Officer - /1-j<,
SUBJECT: Sober Living by the Sea - Zoning Agreement Compliance
Inspections & Parolee Check
Compliance Inspection
On January 31, 2011, Code Enforcement Officer (CEO) Cassi Palmer and I inspected
the following Sober Living by the Sea (SLBTS) facilities: 112 40'" St., 4500/4504
Seashore Dr, and 126 44t" St. The purpose of the inspection was to verify the accuracy
of the bed counts for the respective facilities as disclosed in the Compliance Review
Report ( "Report") dated January 11, 2011, and to verify that each facility is in compliance
with the operational regulations outlined in Exhibit B to the Zoning Agreement ( "ZA ").
SLBTS is approved to have 204 client beds (total) within the City, including 156 client
beds in the "Peninsula Zone." The restrictions on the total number of clients and client
beds within the City are located in Exhibit B. Section A of the ZA. According to the
Report, there are 84 beds on the Balboa Peninsula and 6 beds off the Balboa Peninsula
for a total of 90 beds.
As required by the Zoning Administration Protocol dated October 29, 2010 and Condition
No. 14 of the ZA, SLBTS was notified approximately four hours in advance, via email
and telephone, of the time of the inspection and the facilities to be inspected. Jeff
Hamilton and Jennifer Twist from SLBTS accompanied CEO Palmer and me to the
various locations.
4500/4504 Seashore Dr.
This location is a female only, licensed facility that has 2417 staffing. The facility is
currently approved to house clients on probation (as approved by OC Probation).
House Managers:
Ali Locker
Erin Doughtery
t1l',r,
121
Bed Counts:
4500 Seashore Dr. (Downstairs)
Bedroom 1: 2 beds
Bedroom 2: 2 beds
Bed Count: 4 beds
4504 Seashore Dr. (Upstairs)
Bedroom 1: 2 beds
Bedroom 2: 2 beds
Bedroom 3: 2 beds (staff only)
Bed Count: 4 beds
Facility Totals: 8 beds
Medical Waste:
According to Ms. Twist, there is no medical waste generated at this facility
Secondhand smoke /Cigarettes:
No cigarette butts were observed in the street or around the property. A cigarette butt
receptacle which is used to extinguish cigarette butts and contain the odor of cigarette
smoke was located in the front yard. It should be noted that the City has not received
complaints regarding secondhand smoke or discarded cigarette butts at this facility.
Off - Street Parking:
There are three off - street, covered (carport) parking spaces for this property. All three
spaces were clear and accessible for parking as required by NBMC section
20.40.030(B).
Trash/Trash Cans:
The exterior of the property was clean and well- maintained. The refuse containers for
the facility were covered with lids and stored in the side yard adjacent to 111 45" St. in
compliance with the requirements of NBMC section 6.04.150(A).
126 44 "' Street
This location is a female only, unlicensed sober living home. SLBTS is in the process of
transferring the ADP license from the closed facility at 4816 Seashore Dr. to this
location.
House Manager:
Rebecca Hayward
21Pas!c
122
Bed Count
Downstairs
Bedroom 1: 1 bed
Bedroom 2: 2 beds
Bedroom 3: 2 beds
Bed Count: 5 beds
Upstairs
Bedroom 1:
2 beds
Bedroom 2:
2 beds
Bedroom 3:
Staff
Bed Count:
4 beds
Facility Totals: 9 beds
Medical Waste:
According to Ms. Twist, there is no medical waste generated at this facility.
Secondhand smoke /Cigarettes:
No cigarette butts were observed in the street or around the property. A cigarette butt
receptacle was located in the front yard. It should be noted that the City has not received
complaints regarding secondhand smoke or discarded cigarette butts at this facility.
Off - Street Parking:
There are two off - street, covered (garage) parking spaces for this property. Both spaces
were clear and accessible for parking as required by NBMC section 20.40.030(8).
TrashlTrash Cans:
The exterior of the property was clean and well - maintained. The refuse containers for
the facility were covered with lids and stored in the side yard adjacent to 128 44`h St. in
compliance with the requirements of NBMC section 6.04.150(A).
112 40`h Street
This location is a male only, unlicensed sober living home.
House Manager:
Chris Swanberg
311';�I��.
i�3
Bed Counts:
Downstairs
Did not inspect- Staff (Jeff Hamilton) quarters only
U stairs
Bedroom 1: 1 bed
Bedroom 2: 2 beds
Bedroom 3: 2 beds
Bedroom 4: Staff
Bed count: 5
Facility Totals: 5 beds
Medical Waste:
According to Ms. Twist, there is no medical waste generated at this facility.
Secondhand smoke /Cigarettes:
No cigarette butts were observed in the street or around the property. A cigarette butt
receptacle was located in the front yard. it should be noted that the City has not received
complaints regarding secondhand smoke or discarded cigarette butts at this facility.
Off - Street Parking:
There are three off- street, covered (2 garage, 1 carport) parking spaces for this property.
All three parking spaces were accessible for parking although there was some
temporary storage in the garage. However, the storage was not significant enough for
staff to make a finding that the garage was not accessible for parking as required by
NBMC section 20.40.030(B).
Trash/Trash Cans:
The exterior of the property was clean and well - maintained. The refuse containers for
the facility were covered with lids and stored in the side yard adjacent to 114 40r" St. in
compliance with the requirements of NBMC section 6.04. 1 60(A).
Parolee Check
As required by the Zoning Agreement (Exhibit B, Section B [1j), Sober Living shall not
provide any services to or house any parolee orparolees from the California Department
of Corrections or its equivalent in any other State or the Federal Bureau of Prisons in
any of its Facilities located in the City.
On February 1, 2011, the Newport Beach Police Department verified that no parolees
were residing at any of the addresses listed in the Compliance Review Report dated
January 11, 2011.
4[Pa; r
124
Notes
Overall, all the facilities were clean, and free of accumulated trash and rubbish around
the property. Refuse containers were stored in side yards as required by NBMC
6.04.150(A). Cigarette butts were not observed in the street, alley, sidewalks or gutters
near the facilities.
At all of its facilities, SLBTS has posted a Good Neighbor Policy ( "Policy ") in a public
place. The Policy establishes a code of conduct for residents and requires that clients be
respectful of each other and the community. The Policy prohibits the use of
inappropriate language, littering, aggressive behavior, and improper disposal of cigarette
butts. A copy of the Good Neighbor Policy is attached to this report.
Staff discussed the current procedure for disposing of Urine Analysis ( "UK) devices at
SLBTS facilities. According to Ms. Twist, it is the policy of SLBTS to empty UA devices
prior to disposing of them in the trash.
Attachments:
Compliance Review Report, dated January 11, 2011
SLBTS Good Neighbor Policy
51P ;I!�c
125
Exhibit G
Sober Living By The Sea
Bi- Annual Compliance Review Report
Date Report Submitted: Jan 11, 2011
This form covers from June 30, 2010 to Dec 31, 2010
Beginning this date Sober Living By The Sea (SLBTS) managed or controlled the following facilities in Newport Beach:
SLBTS FACILITIES
Property Address
Peninsula
Zone
�Y or N)
Trea6nent Bed Count
ADP
License
(Y or N)
Peninsula
Off
Peninsula
4138 Patrice
_
N)
Y
6 _
Pendin
4711 Seashore
Y
6
100 Vla Antibes (7.31.10)
Y
4711 112 Seashore
Y
2
102 Via Antibes (7.31.10)
N i
505 29 °i Street_
Y
6
208 Via Lida Soud (7.31.10)
Y
3980 Seashore
_
Y
6
Y
112 401h St Unit A
Y
0 2 staff
N
112 40 °i St Unit B
Y
6
N
4500 /4504 Seashore
Y
10
Y
126 44" St units A&B
Y
9
_
N
4800 Seashore, units A& B
Y
9
_
Y
5004 Neptune, unit A
Y
6
N
5004 Neptune, unit B
�Y
6
N
5101 River, unit B
Y
6
Y
6110 West Ocean Front
Y
6
_
�Y
6111 Seashore
Y
6
Y
Total Bed Count: 90
Since last report June 30, 2010 the following have been closed
3960 Seashore (12.1.10)
Y
4
Y
__
4816 Seashore, unit A (12,27.10)
Y
_
2
_
Y
4816 Seashore, unit B (12.27, 10)
Y
6
Y
100 Vla Antibes (7.31.10)
Y
4
Y
102 Via Antibes (7.31.10)
Y
4
Y
208 Via Lida Soud (7.31.10)
Y
4
Y
120
Sober Living by the Sea
Good NeiLhbor Agreement
For over 20 years, Sobcr Living by the Sea has strictly enforced a Good Neighbor policy
for its staff and client residents. Part of recovery is being a responsible citizen. The
following rules arc not optional and are to apply at all times during your stay with us:
- Clients arc not to loiter in front of residence; smoking in the front is strictly
prohibited. You are to smoke only in designated areas and use appropriate butt
cans. Cigarette butts are NEVER to be thrown on the ground.
The listening of stereos and radios arc only allowed With headphones. Televisions
are to be at a volume level which will not disturb the neighbors.
- Clients arc to dress appropriately at all times, to be clean shaven with no facial
picreing, and no clothing with alcohol or drug connotations.
Clients are never to use inappropriate language inside or outside the residences.
What may not be offensive to you, may be highly offensive to someone else.
Clients will not engage in any aggressive behavior with each other or
neighborhood residents. This will result in immediate discharge from the
program.
- Clients arc: not to walk, cut, or ride across neighbor's lawns or properly.
- Clients are to park their bicycles in designated areas only. They are not to block
any neighborhood sidewalks or thoroughfares ever.
- Clients arc not to litter anywhere in the community and are to make every effort
to keep the neighborhood clean.
- Clients are expected to be a positive role model, and asset to our community at all
times.
Failure to follow these rules can result in Your discharge from our pro gram
127
August 10, 2011
TO:
PROM:
SUBJECT:
CODE AND WATER QUALITY
ENFORCEMENT DIVISION
MEMORANDUM
M173..
Matt Cosylion, Code Enforcement Supervisor —/77(,
Sober Living by the Sea — Zoning Agreement Compliance
Inspections
Compliance Inspection
On August 5, 2011, 1 inspected the following Sober Living by the Sea (SLBTS) facilities:
112 40'" St., 126 44°' St., 4800 Seashore Dr., and 5101 River Ave, #B. The purpose of
the inspection was to verify the accuracy of the bed counts for the respective facilities as
disclosed in the Compliance Review Report ( "Report') dated June 30, 2011, and to
verify that each facility is in compliance with the operational regulations outlined in
Exhibit B to the Zoning Agreement ("7K).
SLBTS is approved to have 204 client beds (total) within the City, including 156 client
beds in the "Peninsula Zone." The restrictions on the total number of client beds within
the City are located in Section A, Exhibit B to the ZA. According to the Report, there are
84 beds on the Balboa Peninsula and 6 beds off the Balboa Peninsula for a total of 90
beds.
As required by the Zoning Administration Protocol dated October 29, 2010, and
Condition no. 14 of the ZA, SLBTS was notified approximately four hours in advance, by
email and telephone, of the time of the inspection and the facilities to be inspected. Erik
Van Den Noort from SLBTS accompanied me to the various facilities.
11240... Street
This location is a male only, unlicensed sober living home.
House Managers:
Chris Swanberg
1 jl'al,r
122
Bed Counts:
Unit A
Bedroom 1: 1 bed
Bedroom 2: 1 bed
Staff Quarters only
Unit B
Bedroom 1: 2 beds
Bedroom 2: 1 bed
Bedroom 3: 2 beds
Bedroom 4: 1 bed (staff)
Facility Totals: 6 client beds
Medical Waste:
According to Mr. Van Den Noort, there is no medical waste generated at this facility.
Secondhand smoke /Cigarettes:
No cigarette butts were observed in the street or around the property. Cigarette butt
receptacles, which are used to extinguish cigarette butts and contain the odor of
cigarette smoke, were observed on the balconies located on the second floor. The City
has not received complaints regarding secondhand smoke or discarded cigarette butts
at this location.
Off- Street Parking:
There are three off - street, covered parking spaces for this property. All three spaces
were clear and accessible for parking as required by NBMC section 20.40.030(B).
Trash/Trash Cans:
The exterior of the property was clean and well- maintained. The refuse containers for
the facility were covered with lids and stored in the side yard in compliance with the
requirements of NBMC section 6.04.150(A).
126 44 "' Street
This location is a female only, unlicensed sober living home.
House Manager:
Rebecca Hayward
2 1 P o ;_c
2:9
Bed Count
Unit A
Bedroom 1: 1 bed
Bedroom 2: 2 beds
Bedroom 3: 2 beds
Unit B
Bedroom 1: 2 beds
Bedroom 2: 2 beds
Bedroom 3: Staff
Facility Totals: 9 beds
Medical Waste:
According to Mr. Van Den Noort, there is no medical waste generated at this facility.
Secondhand smoke /Cigarettes:
No cigarette butts were observed in the street or around the property. Cigarette butt
receptacles were located near the front door to Unit A and the balcony on the second
floor. The City has not received complaints regarding secondhand smoke or discarded
cigarette butts at this location.
Off - Street Parking:
There are two off - street, covered (garage) parking spaces for this property. Both spaces
were clear and accessible for parking as required by NBMC section 20.40.030(B)..
Trash/Trash Cans:
The exterior of the property was clean and well- maintained. The refuse containers for
the facility were covered with lids and stored in the side yard adjacent to 128 44th St. in
compliance with the requirements of NBMC section 6.04.150(A).
4800 Seashore Drive
This location is a male only, licensed, facility (License # 300044DDP). The facility is
currently approved to house clients on probation (as approved by OC Probation).
House Manager
Rob (Mr. Van Den Noort did not know Rob's last name)
Unit A
Bedroom 1: 2 beds
Bedroom 2: 2 beds
31P;igc
130
Unit B
Bedroom 1: 2 beds
Bedroom 2: 2 beds
Bedroom 3: 1 bed (staff)
Bedroom 4: 2 beds
Facility Totals: 10 beds
It should be noted that the Report has 9 beds for this location. I advised Mr. Van Den
Noort that SLBTS must amend the Report to reflect 10 beds for this facility or remove 1
bed.
Medical Waste:
According to Mr. Van Den Noort, there is no medical waste generated at this facility.
Secondhand smoke /Cigarettes:
No cigarette butts were observed in the street or around the property. Cigarette butt
receptacles were located in the front yard and the balcony on the second floor. The City
has not received complaints regarding secondhand smoke or discarded cigarette butts
at this location.
Off- Street Parking:
There are three off - street, covered (garage) parking spaces for this property. In June of
2011, the City received a complaint that the garages for the facility are not kept clear and
accessible for parking.
Two of the parking spaces were partially obstructed with storage and maintenance
supplies. I advised Mr. Van Den Noort that all three parking spaces must be clear for
parking. Mr. Van Den Noort agreed to move the supplies and other items to another
location.
After further review, it was confirmed that all three off - street parking spaces are required
for parking. SLBTS was contacted and asked to clear the parking spaces and schedule
an inspection to verify compliance.
Trash/Trash Cans:
The exterior of the property was clean and well - maintained. The refuse containers for
the facility were covered with lids and stored in the side yard adjacent to 4804 Seashore
Drive in compliance with the requirements of NBMC section 6.04.150(A).
5101 River Avenue #B
This location is a male only, licensed, facility (License # 300044UP)
411);iitr
232
House Manager
John Torres
Unit B
Bedroom 1: 1 bed (Staff)
Bedroom 2: 2 beds
Bedroom 3: 2 beds
Bedroom 4: 2 beds
Facility Totals: 6 beds
Medical Waste:
According to Mr. Van Den Noort, there is no medical waste generated at this facility.
Secondhand smoke /Cigarettes:
No cigarette butts were observed in the street or around the property. Cigarette butt
receptacles were located near the front door to Unit B and the balcony on the second
floor. The City has not received complaints regarding secondhand smoke or discarded
cigarette butts at this location.
OH- Street Parking:
There are three off- street, covered parking spaces for this property. However, SLBTS
only has access to the two -car garage space. The single -car garage is assigned to the
tenants of Unit A.
The two -car garage is accessible for parking although there was some temporary
storage in the garage. However, the storage was not significant enough for staff to make
a finding that the garage was not accessible for parking as required by NBMC section
20.40.030(B).
In June, 2011, a complaint was filed with the City regarding a SLBTS transportation van
parked in the red curb zone next to the facility to drop off clients. Mr. Van Den Noort
stated that SLBTS has notified its van drivers not to drop off or pick up clients at 5101
River Ave. Residents of 5101 River Ave are picked up at 5004 Neptune Ave. Mr. Van
Den Noort agreed to provide documentation to the City of this transportation policy.
Trash/Trash Cans:
The exterior of the property was clean and well - maintained. The refuse containers for
the facility were covered with lids and stored in compliance with the requirements of
NBMC section 6.04.150(A).
Notes
Overall, all the facilities were clean and free of accumulated trash and rubbish around
the property. Refuse containers were stored in side yards as required by NBMC section
51P:igc
IS2
6.04.150(A). Cigarette butts were not observed in the street, alley, sidewalks or gutters
near the facilities.
At all of its facilities, SLBTS has posted a Good Neighbor Policy and a Code of Conduct
in a public place. These policies establish a code of conduct for residents and staff and
require that clients be respectful of each other and the community. Additionally, the use
of inappropriate language, littering, aggressive behavior, and the improper disposal of
cigarette butts is prohibited. A copy of the Good Neighbor Policy is attached to this
report.
Mr. Van Den Noort and I discussed a recent complaint regarding SLBTS transportation
van no. 6. According to the complaint filed with the City on July 22, 2011, the driver of
van no. 6 turned left onto 391" Street from River Ave. It should be noted that this route is
not one of the approved route plans found in Exhibit E to the ZA.
According to Mr. Van Den Noort, the driver in this incident was a new employee of
SLBTS. The driver was counseled after the incident. Additionally, all transportation
drivers attend a daily briefing and a monthly meeting during which issues related to the
transportation of clients and route plans are discussed.
Mr. Van Den Noort agreed to send an email to the City outlining all the steps SLBTS has
taken to prevent future violations of Condition no. 8 (Route Plans) of the Operational
Regulations found in Exhibit B to the ZA.
A copy of this report will be forwarded to the City Attorney's Office and the Planning
Division.
Attachments:
Compliance Review Report, dated June 30, 2011
SLBTS Good Neighbor Policy
611'al
133
Exhibit G
Sober Living By The Sea
BI-Annual Compliance Review Report
Date Report Submitted: June 30, 2011
This form covers from Dec 31, 2010 to June 30, 2011
Beginning this date Sober Living By The Sea (SLBTS) managed or controlled the following facilities in Newport Beach:
SLBTS FACILITIES
Property Address
Peninsula-
Zone
(Y or N)
—Treatment Bed Count
ADP
License
(Y or N)
Peninsula
Off
Peninsula
4138 Patrice
4711 Seashore
Y
6
Pending
6
Y
.. .. ... ......
4711 '% Seashore
Y
2
N
50529"'Street
3980 Seashore
Y
Y
6
Y
6
Y
112 40'h St Unit A
0 (?- staff
N
112 40" St Unit B
Y
6
IN
4600 (_4504 Seashore
Y
lo
126 44"' St, units A&B
Y
Pencling-
4800 Seashore, units A & B
Y
9
Y
_5004 Neptune, unit A
Y
6
N
5004 Neptune, unit B
Y
6
N
5101 River, unit B
6
Y
6110 West Ocean Front
Y
6
Y
6111 Seashore
Y
6
Y
Total Bed Count: 90
Since last report Dec 30, 2010 the following have been closed = 0
IS4
Sober Living by the Sea
Good Neighbor ALreement
For over 20 years, Sober Living by the Sea has strictly enforced a Good Neighbor policy
I'm its staff and client residents. Part of recovery is being a responsible citizen. The
following rules are not optional and are to apply at all times during your stay with us:
Clients are not to loiter in front ollresidenee; smoking in the trout is strictly
prohibited. You are to smoke only in designated areas and use appropriate but(
cans. Cigarette butts are NEVER to be thrown on the ground.
- The listening of stereos and radios are only allowed with headphones. Televisions
are to be at a volume level which will not disturb the neighbors.
Clients are to chess appropriately at all times, to be clean shaven with no facial
piercing, and no clothing with alcohol or drug connotations.
Clients are never to use inappropriate language inside or outside the residences.
What may not be offensive to you, may be highly offensive to someone else.
- Clients will not engage in any aggressive behavior with cacti other or
neighborhood residents. This will resull in immediate discharge from the
program.
- Clients are not to walk, cut, or ride across neighbor's lawns or property.
Clients are to park their bicycles in designated areas only. They are not to block
any neighborhood sidewalks or thoroughfares ever.
- Clients are not to litter anywhere in the community and are to make every effort
to keel) the neighborhood clean.
- Clients arc expected to be a positive role model, and asset to our community at all
times.
Failure to follow these rules can result in Your discharge from our program
I3,5
CODE OF CONDUCT
This document states the Code of Conduct expected from all Sober
Living by the Sea staff members. Any and all conduct violations will
result in immediate termination.
I. Sober Living by the Sea requires staff to abstain from all use of
drugs and alcohol on premises and off premises.
2. Sober Living by the Sea does not allow fraternizing amongst
staff and residents. This means that all residents are to be
given equal attention. Absolutely no romantic relationships
are permitted between Sober Living residents and staff.
3. Sexual contact between Sober Living staff and residents is
prohibited.
4. Sexual contact, of any kind, is prohibited on Sober Living
premises.
5. Sexual harassment between Sober Living staff and residents or
between Sober Living staff members will not be tolerated.
This includes inappropriate language and /or contact.
C. Sober Living staff members will not unlawfully discriminate
against any resident. This includes, but is not limited to, race,
color, religion, gender and sexual orientation.
7: While employed at Sober Living by the Sea staff members are
not permitted to do any type of work for other treatment
centers, recovery (tomes or organizations that would constitute
a conflict of interest. No sale of anything to any resident or
their family members.
8. Sober Living staff members are required to maintain
eoufidentiality as indicated in the Confidentiality Agreement.
Sober Living by the Sea
2811 Villa Way
Newport Mich, CA 92663
800 647 -0042
Cosylion, Matt
From:
Kathy Sylvia, Newport Beach, CA jksylvia @crchealth.comj
Sent:
Wednesday, August 17, 2011 6:43 AM
To:
Brown, Janet; Cosylion, Matt
Subject:
SLBTS compliance report
As discussed via phone with Janet Brown on Monday August 15"' this email is for the purpose of clarifying the
discrepancy between the June 30, 2011 Compliance Report bed count vs. Matt Cosylion's Aug bed count.
The Compliance Report submitted on June 30, 2011 reflects the exact bed count between Dec 30, 2010 and June 30,
2011. During that 6 month period, 4800 Seashore had 9 client beds. That particular facility is licensed for 12 beds.
However during the six months between Dec 30, 2010 and June 30, 2011 one of the bedrooms was converted to a staff
living quarter leaving 9 client beds. In July, the staff member moved out which allowed SLBTS to add a client bed to 4800
Seashore making a total of 10 beds in that facility as of mid July 2011.
I appreciate the opportunity to clarify this matter
Kathy Sylvia
Kathleen Sylvia
Executive Director
Sober Living by the Sea Treatment Centers
A Division of CRC Health Group, Inc.
O: (949) 258 -0063
www.soberlivin .can
This email and any files transmitted with it are confidential and are intended solely for the use of the individual
or entity to which they are addressed. This communication may contain material protected by H1PAA
legislation (45 CFR, Parts 160 & 164). If you are not the intended recipient or the person responsible for
delivering this email to the intended recipient, be advised that you have received this email in error and that any
use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this
email in error, please notify the sender by replying to this email and then delete the email from your computer.
I37
ISO
Attachment L
SLBTS email to Transport Van Drivers
l sq
i40
Cosylion, Matt
From: Jennifer Twist, Newport Beach, CA jjtwist @crchealth.com]
Sent: Monday, August 08, 2011 7:27 AM
To: Newport Beach CA
Cc: Cosylion, Matt
Subject: FW: Scan from a Xerox WorkCentre Pro
Attachments: ScanOO1.PDF
All:
Following an inspection by the City, Matt asked that we reiterate the agreement for routes of
travel within Newport between SLBTS and The City of Newport. Attached you will find detailed
maps of the routes we are to utilize when transporting clients. In addition, please ensure
that NO DRIVING, parking, turn arounds, take place on River. Any stops must be done at
Neptune House.
Additionally, please ensure when parking or dropping off clients, that the vehicle is not
sticking out into the street impeding traffic. At all times, as set forth in the meeting with
the Executive Director, Kathy Sylvia, all SLBTS staff are to adhere to all traffic laws and
to be in compliance with our agreement with the City of Newport Beach. Failure to adhere to
the Agreement between SLBTS and The City will result in disciplinary action.
I thank you in advance for your anticipated cooperation in this matter.
Jennifer Twist, Director of Extended Care
Quality Management
Sober Living By The Sea Treatment Centers
A Division of CRC Health Group, Inc.
Telephone:949 -258 -0064
Facsimilie:949- 258 -0070
JTwistCacrchealth.com
- - - -- Original Message---- -
From: SLBTS xrxlacrchealth.com fmailto:SLBTS xrx0crchealth.coml
Sent: Monday, August 08, 2011 7:56 AM
To: Jennifer Twist, Newport Beach, CA
Subject: Scan from a Xerox WorkCentre Pro
Please open the attached document. It was scanned and sent to you using a Xerox WorkCentre
Pro.
Sent by: Guest [SLBTS _xrx @crchealth.com]
Number of Images: 10
Attachment File Type: PDF
WorkCentre Pro Location: SLBTS - Main Office
Device Name: SLBTS XRX
For more information on Xerox products and solutions, please visit http: / /www.xerox,com
---------------------------------------------------------------------
This email and any files transmitted with it are confidential and are intended solely for
the use of the individual or entity to which they are addressed. This communication may
contain material protected by HIPAA legislation (45 CFR, Parts 160 & 164). If you are not
1
14-1
the intended recipient or the person responsible for delivering this email to the intended
recipient, be advised that you have received this email in error and that any use,
dissemination, forwarding, printing or copying of this email is strictly prohibited. If you
have received this email in error, please notify the sender by replying to this email and
then delete the email from your computer.
N
142
City of Newport Beach
City Council Meeting — October 11, 2011
Sober Living by the Sea, Inc.
Annual Review of Zoning Agreement
■
■
o 4. RL.s o N
29TH SL
y 516
512�•
4086 f
B Q
,LBWS .. -. 2810 2809 7g�?
t
z it, : s ?80j
OP, � ,1011: •fi ,LBO°' � F � i�
'� �! 1 ,1010 - 100 • v ♦ X78.
O♦ 4 .`
l
Dtt=Sitp Parkinno- cor
GS S ST
T
z
0
<
31ST ST
30TH ST
O
40
Villa Way Facility 219TH ST -r
AQ
500 32n' St.
Offsite Parkinq Lot
F--28TH-ST --------
mym
Compliance Review
Compliance Review Reports required to be
submitted twice per year to report current
facility locations and number of client beds
SLBTS reports a total of go client beds Citywide
Zoning Agreement limits number of client beds
to zoo beds Citywide
SLBTS is in compliance with this regulation
Code Enforcement Inspections —
Verification of Compliance
Location of facilities, number of client beds
and bedrooms
Compliance with off - street parking
requirements
Proper storage of trash receptacles and
disposal of medical waste
Overall cleanliness facility grounds (e.g.
appropriate disposal of trash and cigarette
butts)
Code Enforcement Inspections &
Results
r Conducted on -site interior inspections of 7
facilities in January and August
Conducted exterior inspections of all facilities in
September
All facilities found to be
in compliance, except:
Off - street parking requirements at 4800
Seashore Drive facility
Improper placement /maintenance of trash
receptacles at 505 29th Street facility
Both non - compliant matters quickly corrected
by S L BTS
Other Complaints Received
Complaint received re: transportation van
unloading clients of 51o1 River Avenue facility in
red curb zone
Van drivers directed to pick up clients from
5004 Neptune Avenue facility
3 Complaints re: transportation van driven in
unsafe manner, and drivers failing to adhere to
approved route plans
SLBTS issued notice to van drivers, and met
with drivers re: need to comply with ZA
Other Complaints Received
Loud voices and noise from clients at Villa
way facility
Although not a violation of the Zoning
Agreement, SLBTS removed ping pong
table
Conclusion
■ Staff's review of SLBTS's operations indicates
SLBTS has made good faith effort to comply
with the Zoning Agreement
Staff recommends City Council:
1. Find SLBTS has demonstrated good faith
compliance, and
2. Receive and file documents submitted by
Next Annual Review will be presented to City
Council in July 2012
NOTICE OF PUBLIC HEARING
NOTICE OF ANNUAL REVIEW OF SOBER LIVING BY THE SEA, INC.
DEVELOPMENT AGREEMENT NO. 2008 -005 (PA2010 -150)
NOTICE IS HEREBY GIVEN that on Tuesday, September 27, 2011, at 7:00 p.m., a public
hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport
Boulevard, Newport Beach. The City Council of the City of Newport Beach will conduct an
annual periodic review of Development Agreement No. 2008 -005, consisting of the Zoning
Implementation and Public Benefit Agreement (Zoning Agreement) between the City and
Sober Living by the Sea, Inc. and its affiliates. Pursuant to Newport Beach Municipal Code
Section 15.45.080, the City Council shall periodically review the Development Agreement and
the activity conducted pursuant to the agreement to determine if the applicant has complied
with the terms of the agreement. The City Council will review the Zoning Agreement, activity
conducted pursuant to the agreement, and Sober Living by the Sea's demonstration of good
faith compliance with the terms of the agreement.
The review of this Development Agreement is exempt from the California Environmental
Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory
Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential to have a significant effect on the environment.
All interested parties may appear and present testimony in regard to this application. If you
challenge this project in court, you may be limited to raising only those issues you or
someone else raised at the City Council meeting (described in this notice) or in written
correspondence delivered to the City, at or prior to, the review.
The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building
B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport
Beach website at www.newportbeachca.qov on the Friday prior to the hearing. For more
information please call (949) 644 -3005.
For questions regarding details of the project please contact Janet Johnson Brown, Associate
Planner at (949) 644 -3236 or 'brown (a.newportbeachca.gov.
Project File No.: PA2010 -150 Activity No.: Development Agreement
No. 2008 -005
Location: 505 29th St., 112 401h St. Units A and B, 126 44th Street Units A and B, 5004
Neptune Ave. Units A and B, 5101 River Ave. Unit B, 3980 Seashore Dr., 4500 — 4504
Seashore Dr., 4711 and 4711 '/2 Seashore Dr., 4800 Seashore Dr. Units A and B, 6111
Seashore Dr., 6110 W. Ocean Front, 4138 Patrice Rd., 2811 Villa Way
CONTINUED TO THE A
OCTOBER 11, 2011 C 4 , kt �
COUNCIL MEETING Leilani I. Brown, City Clerk
City of Newport Beach
CITY CLERK'S OFFICE
AFFIDAVIT OF POSTING
On 34-- VAV tr 2011, 1 posted the Notice of Public Hearing regarding:
NOTICE OF ANNUAL REVIEW OF SOBER LIVING BY THE SEA, INC.
DEVELOPMENT AGREEMENT NO. 2008 -005 (PA2010 -150)
Locations:
.505 -2-91" St 'h i s and B, - 1-26-4�-S eeFUnits -A -aod B, 5nn4 Ne tune
Ave -Units - and-B; 510-1-River -Ave. Unit B, 3980 Seashore Dr -4600 4F�S ashere
Dr., 4711 and4.71a? /z -�.,- re Dr �s-A-an ea re
Dr., 6140 -W.-Ocean-Front, -41-3,8 Pa#ic-e Rd., 2844 Vffla -bray-
Date of City Council Public Hearing: September 27, 2011
Item was continued to the October 11, 2011 Council meeting.
/ AA-1
PROOF OF
PUBLICATION
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I am a citizen of the United States and a
resident of the County of Los Angeles; I
am over the age of eighteen years, and
not a party to or interested in the notice
published. I am a principal clerk of the
NEWPORT BEACH /COSTA MESA
DAILY PILOT, which was adjudged a
newspaper of general circulation on
September 29, 1961, case A6214, and
June 11, 1963, case A24831, for the
City of Costa Mesa, County of Orange,
and the State of California. Attached to
this Affidavit is a true and complete copy
as was printed and published on the
following date(s):
Saturday, October 1, 2011
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Executed on October 4, 2011
at Los Angeles, California
Signature
NOTICE OF PUBLIC HEARING
NOTICE OF ANNUAL REVIEW
OF SOBER LIVING BY THE
SEA, INC.
DEVELOPMENT AGREEMENT
No. 2008405 TA2010-
150)
NOTICE 15 HEREBY GIV-
EN that on Tuesday,
October 11, 2011, at
7:00 p.m., a public
hearing will be conduct.
ed in the City Council
Chambers (Building A)
at 3300 Newport Boule-
vard, Newport Beach.
The City Council of the
City of Newport Beach
will conduct an annual
periodic review of Devel-
opment Agreement No.
2008 -005, consisting of
the Zoning Implementa-
tion and Public Benefit
Agreement (Zoning
Agreement) between the
City and Sober Living
by the Sea, Inc. and its
afflllates. Pursuant to
Newport Beach Munici-
pal Code Section
15.45.080, the City
Council shall periodical-
ly review the Develop-
ment Agreement and the
activity conducted pur-
suant to the agreement
to determine if the ap-
plicant has complied
with the terms of the
agreement. The City
Council will review the
Zoning Agreement, ac-
tivity conducted pursu-
ant to the agreement,
and Sober Living by the
Sea s demonstration
good with ft compliance
th the terms othe
agreement.
The review of this Devel-
opment Agreement is
exempt from the Cali-
fornia Environmental
Quality Act ( "CEQA ")
pursuant to Section
15321 (Enforcement Ac-
tie 14, Chapter 3, be-
cause it has no potential
to have a significant
effect on the environ-
ment.
All interested parties
may appear and present
testimony in regard to
this application. If you
challenge this project in
court, you may be
limited to raising only
those issues you or
someone else raised at
the City Council meeting
(described in this no;
tice) or in written cor-
respondence delivered
to the City, at or prior
to, the review.
The agenda, staff re-
port, and documents
may be reviewed at the
City Clerk's Office
(Building B), 3300 New-
port Boulevard, Newport
Beach, California,
92663, or at the City of
Newport Beach website
at www.newporHMOdrea-
Rev on the Friday prior
to the hearing. For more
information please call
949 -644 -3005.
For questions regarding
details of the project
please contact Janet
Johnson Brown, Associ-
ate Planner at
(949) 644 -3236 or
6 brown,anewport-
each
ca .go`
Project File No
PA2010- 15OActivity No.:
Development Agreement
No.2008 -005
Location: 505 29th St.,
i 112 40th St. Units A and
B, 126 44th Street Units
A and B, 5004 Neptune
Ave. Units A and B, 5101
River Ave. Unit B, 3980.
Seashore Or., 4500 -
4504 Seashore Dr., 4711
and 4711 '/z Seashore
Dr., 4800 Seashore Dr.
Units A and B, 6111
Seashore Dr., 6110 W.
Ocean Front, 4138
Patrice Rd., 2811 Villa
Way
Leilani I. Brown, City
Clerk
City of Newport Beach
Published Newport
Beach /Costa Mesa Daily
Pilot October 1, 2011