HomeMy WebLinkAbout21 - Annual Review of Zoning Agreement for Sierra by the Sea (PA2010-150) - continuedTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
November 29, 2022
Agenda Item No. 21
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Melinda Whelan, Assistant Planner
mwhelan@newportbeachca.gov
PHONE: 949-644-3221
TITLE: Annual Review of Zoning Agreement for Sierra by the Sea (PA2010-
150) — continued from the October 25, 2022 City Council meeting
ABSTRACT:
This item was continued from the October 25, 2022 City Council meeting to allow the
operator additional time to address issues raised by an adjacent neighbor.
This is the 13t" annual 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). On September 4, 2019, Sober Living by the Sea, Inc. secured the
DBA "Sierra by the Sea" (SBTS) for all programs in the City of Newport Beach (City). Staff
has conducted a thorough review of SBTS's operations and the requirements of the
Zoning Agreement and is of the opinion that SBTS is in compliance with all requirements.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find this review 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, Division 6, Chapter 3,
because this review enforces an entitlement for use adopted by the City and has no
potential to have a significant effect on the environment;
c) Find that Sierra by the Sea has demonstrated good faith compliance with the terms of
the Zoning Implementation and Public Benefit Agreement; and
d) Receive and file the documents submitted by Sierra by the Sea to demonstrate good
faith compliance with the terms of the Zoning Implementation and Public Benefit
Agreement.
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Annual Review of Zoning Agreement for Sierra by the Sea (PA2010-150) —
continued from the October 25, 2022 City Council meeting
November 29, 2022
Page 2
DISCUSSION:
The 13t" annual review of the Zoning Agreement between the City and SBTS was held at
the October 25, 2022 City Council meeting. The complete staff report including all
attachments for the 13t" annual review is included as Attachment A and found at the
following link: https://ecros.newportbeachca.gov/Web/0/doc/2837580/Pagel.aspx The
staff report includes documents from SBTS demonstrating compliance with the Zoning
Agreement. Existing action plans for smoking and parking that call for immediate
response to issues that arise at each facility location are also included.
At the October 25 public hearing, an adjacent neighbor of an SBTS facility located at
4138 Patrice Road provided public comment stating that clients smoking at the facility
impacts her family due to smoke overflow entering her home's windows. The neighbor
also stated that the facility generated excessive trash and that her past calls to the City
were not listed in the annual review.
Given these public comments, the City Council expressed concern in finalizing the annual
review and continued the item until the November 29, 2022 City Council meeting. The
continuation of the item would to give the operator additional time to address the issues
raised with the neighbor and City staff, and to demonstrate good faith effort in meeting
the requirements of the Zoning Agreement.
Existing Zoning Agreement Requirements Affecting Smoking
Typically smoking impacts on private property are not regulated, except for the SBTS
facilities, as a result of the Zoning Agreement. The following is an excerpt from the Exhibit
B of the Zoning Agreement, under Operational Regulation, that addresses smoking:
4. Smoking and Tobacco Products.
(a) Sober Living shall make good faith efforts to prevent secondhand smoke from
leaving any of its Facilities in a manner that significantly affects occupants of
neighboring residents in the use and enjoyment of their properties. These efforts
may include, but are not limited to:
• The designation of a smoking area at each site, with a device to mitigate or
disperse secondhand smoke;
• An active smoking cessation program made available to all clients;
(b) Apply a policy directing clients or residents to avoid littering cigarette butts on
the ground, floor, deck, sidewalk, gutter or street.
(c) Apply a policy reminding clients not to use tobacco on beaches, boardwalks,
and piers consistent with City prohibitions against smoking in those areas.
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Annual Review of Zoning Agreement for Sierra by the Sea (PA2010-150) —
continued from the October 25, 2022 City Council meeting
November 29, 2022
Page 3
Undated Oaerator Action Plan to Address Smokina and Trash
The subject facility is unique in that it is a condominium neighborhood with minimal
separation between neighbors. Consistent with allowances afforded in the existing Action
Plan for smoking, the operator has moved the smoking area at this facility a few times to
mitigate smoke overflow to adjacent neighbors. The front patio of the SBTS facility is
directly adjacent to the neighbor at 4126 Patrice Road and the most recent attempt to
mitigate smoke overflow relocated the smoking area to across Patrice Road, adjacent to
the medical offices' parking lot. A history of the smoking area changes is found in the
updated Action Plan for 4138 Patrice Road (Attachment B).
On Friday, October 28, City staff from Code Enforcement and the Planning Division met
with the operator at the site to assist with coordinating efforts to best address the smoking
and potential trash issues. After walking the site, the operator and City staff agreed that
the best solution to keep the smoke onsite is to move the smoking area into the garage.
The operator and City staff separately contacted the neighbor at 4126 Patrice Road to
discuss the smoking and trash issue. The neighbor agreed that restricting smoking to the
garage appeared to be the best solution and that residents should be reminded that all
waste shall be appropriately disposed of in the correct trash cans.
The details of the Action Plan to mitigate smoking impacts at 4138 Patrice Road include:
1) moving the smoking area to the garage; 2) limiting the maximum number of smokers
to two at one time; 3) installing a HEPA air filtering system; 4) using special smokeless
ash trays; 5) limiting the hours of smoking area from 7 a.m. to 10 p.m.; and 6) using folding
chairs instead of permanent furniture to ensure the garage is maintained and available.
The 4138 Patrice Road specific Action Plan is found in Attachment B, including a cover
letter from the operator and an aerial exhibit of the property with location of the garage
where the new smoking area is located. This updated Action Plan serves as an addendum
to the previously submitted documents from SBTS demonstrating good faith compliance
with the Zoning Agreement.
The operator is sending letters to all immediate neighbors (Attachment C) introducing the
facility operation and management contact information for immediate response to any
operational issues that may arise. This would provide the opportunity to help resolve any
conflicts immediately and amicably.
City Actions to Improve Reporting
The neighbor's call to the City may not have been recorded since typically smoking
impacts on private property are not regulated. To resolve this potential oversight, Code
Enforcement will educate new staff members, including administrative staff that receive
initial phone calls and register complaints, that smoking at these SBTS properties is
regulated per the Zoning Agreement. Additionally, the letter from the operator to the
neighbors includes direct contact information for City staff to answer questions or discuss
concerns regarding the Zoning Agreement.
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Annual Review of Zoning Agreement for Sierra by the Sea (PA2010-150) —
continued from the October 25, 2022 City Council meeting
November 29, 2022
Page 4
Follow-up with Neighbor
On Thursday, November 10, City staff reached out to the neighbor at 4126 Patrice Road
to check in regarding the new smoking area and inquire if she had experienced
improvement in the smoke on her property. The neighbor expressed that the smoking
area in the garage had improved the situation and she was satisfied with the response
(Attachment D).
(-nnrh minn
The Zoning Agreement establishes the duties of both the City and SBTS and requires
that the City and SBTS to each comply in good faith with its terms. The Zoning Agreement
includes a provision that a periodic review be conducted at least once every 12 months,
consistent with California Government Code Section 65865.1, and Newport Beach
Municipal Code (NBMC) Section 15.45.080. If the City Council finds that the applicant
has not complied in good faith with the terms or conditions of the agreement, the City
Council may pursue remedies.
Staff is of the opinion that with the updated Action Plan for 4138 Patrice Road, SBTS
relocating the smoking area, and supporting documents from SBTS including the
outreach letter to the neighbors, the operator has made good faith efforts to comply with
the terms of the Zoning Agreement.
FISCAL IMPACT:
There is no fiscal impact related to this item
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,
Division 6, 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.
,1501 0111rel
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). This item was continued from
the October 25, 2022, City Council meeting. The notice of 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 the hearing,
consistent with the provisions of the NBMC. Notice of the hearing was also posted at each
property location at least 10 days prior to this hearing.
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Annual Review of Zoning Agreement for Sierra by the Sea (PA2010-150) —
continued from the October 25, 2022 City Council meeting
November 29, 2022
Page 5
ATTACHMENTS:
Attachment A
— City Council Staff Report, Dated October 25, 2022
Attachment B
— SBTS 4138 Patrice Road Documents
Attachment C
— SBTS Letter to Neighbors
Attachment D
— Patrice Road Neighbor Email
21-5
Attachment A
City Council Staff Report, Dated October 25, 2022
Available separately due to bulk at:
https:Hecros.newportbeachca.gov/Web/DocVlew.aspx?d
bid=0&id=2837580&page=l &cr=1
21-6
Attachment B
SBTS 4138 Patrice Road Documents
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SIERRA by the SEA
Where Waves of Change Begin
Addendum to Amended Action Plan for 4138 Patrice Rd
Re: Sierra by the Sea
4138 Patrice Rd.
Newport Beach, CA 92663
Dear City Council Members,
November 10, 2022
This addendum is in regard to the amended action plan for 4138 Patrice Rd submitted by Sober Living by
the Sea forthe 2022 Annual review demonstrating compliance with the Zoning Implementation and Public
Benefit Agreement.
Sober Living by the Sea (SBTS) has made compliance with the City of Newport Beach and the Good
Neighbor Policy a priority since entering into this agreement in 2009. SBTS takes feedback and
recommendations from the City extremely seriously and works hard to maintain a positive relationship
with both the City of Newport Beach and our neighbors. Each year we provide a thorough report and work
together with the City to ensure that we are following the guidelines in our agreement, addressing any
potential concerns and adopting recommended and required changes to continue protecting our
reputation within the community as an ethical, compliant healthcare facility that also provides the highest
standard of care for the clients we serve.
During our last City Council meeting, it was unfortunate and unacceptable that one of our neighbors came
to voice her concerns and since then we have worked diligently to address Mrs. Martin's feedback and
work to not only correct those areas of concern, but to improve our relationship with all of our neighbors.
One remark made by Mrs. Martin at the City Council meeting was that she did not know who to contact
to voice her concerns and she felt that her attempt to reach out was ignored by SBTS and the City of
Newport Beach. In effort to open a direct line of communication for new neighbors and re-establish that
line of communication for our other neighbors; I have personally went to each of our direct neighbors'
homes in effort to introduce myself and ensure that direct contact information for myself, as well as
Melinda Whelan was provided to them. This measure was taken to help ensure neighbors who may have
a potential concern, question or feedback know who to contact and how those parties can be reached. In
addition we are in the process of implementing uniform changes for our staff to help make them more
distinguishable by the neighbors.
One area that has remained a continued area of improvement has been second hand smoke. Since 2013,
SBTS has developed and amended action plans to address this issue and plans to continue making
necessary changes to ensure the comfort of our neighbors and remain compliant with our agreement to
make good faith effort to be good neighbors within the community. This facility has some special
considerations that have posed challenges in this regard. The homes are close together, and due to the
coastal living, most of the homes have their windows open year round. In effort to combat the second
hand smoke we have purchased extinguishing ashtrays and smokeless receptacles (2019 action plan),
relocated our designated smoking area (2019, 2021, 2022 action plan) and implemented policies
restricting smoking hours and number of clients allowed in the smoking area at one time (2022 action
plan). Due to regulatory restrictions our clients cannot leave our facility premises unless it is for a medical
emergency or other approved activity and accompanied by staff, so efforts made to eliminate smoking on
our facility grounds are not possible due to the regulatory restrictions.
2800 Lafayette Ave I Newport Beach, CA 92663 1 949.612.2210 1 Admissions: 800.647.0042
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SIERRA by the SEA
Where Waves of Change Begin
On October 28, 2022 1 met with Melinda Whelan, Newport Beach Assistant City Planner and a member of
code enforcement to discuss relocating our smoking area to the back garage. We determined it to be the
best location to address any potential second hand smoke concerns Mrs. Martin has as well as to protect
our other neighbors from second hand smoke. The garage is detached from 4138 Patrice and is connected
to 4142 Patrice, which is also operated by SBTS. On October 31, 2022 1 met with Mrs. Martin to discuss
the plan since the walkway between 4138 Patrice and 4126 Patrice (Mrs. Martin's residence) is shared.
She also agreed this location was the best option and I provided my office and cell phone number to both
her and her husband so they can reach me at anytime. On November 1, 2022 we had a professional grade
HEPA filtration system installed into the garage and put portable chairs (to not restrict parking) as well as
self -extinguishing receptacles. On November 1, 2022 the staff received an in-service which updated them
on the facility change as well as the active smoking policy which limits the smoking area to no more than
2 clients at a time and restricting the hours from 0700-2200.
A secondary concern Mrs. Martin had was in regards to the trash bins, during our conversation I asked for
clarification since our trash area is separate and is only shared by our 2 facilities. Mrs. Martin's trash
receptacles are in the shared walkway and her concern was that her receptacles were being used by us
inadvertently, I have since made sure all staff are aware of appropriate receptacles to use and asked Mrs.
Martin to contact me if any further concerns arise.
SBTS plans to continue evaluating the effectiveness of these action plan items and adjusting them as
necessary to ensure the comfort of our neighbors as we have since the inception of our agreement in
2009. SBTS also plans to maintain a positive relationship with each neighbor, inviting feedback and
addressing any potential concerns in a timely manner. Our goal is to provide quality care and be an
exemplary healthcare facility that is the Gold standard in our industry. We want the City of Newport Beach
to be proud to have us in the community and we will continue to strive for that, making every effort
possible to address any area of our performance that is not in alignment with that goal.
I thank you for your time and we look forward to many years of continued support from the City of
Newport Beach.
Sincerely,
Julie Thorne
Director of Quality & Compliance, Sierra by the Sea
2800 Lafayette Ave I Newport Beach, CA 92663 1 949.612.2210 1 Admissions: 800.647.0042
21-9
Objective
Action/Activity
Target dates
Status
1. Develop and support action
Began effort September 19, 2013
09/20/2013 —
Ongoing
plan for eliminating smoking
A. SBTS management to
indefinite
issues at 4138 Patrice Rd.
educate all clients and staff
on the smoking policy.
B. Implement smoking policy
and repercussions for non-
adherence.
C. November 01, 2019
designated East facing patio
as smoking area. Installed
smokeless ashtrays.
D. September 01, 2021 relocated
designated smoking area
from East facing side patio to
front patio and installed
smoke extinguishing
receptacles for smoking area.
E. January 01, 2022 relocated
designated smoking area to
West facing side patio.
F. May 15, 2022 Amended
smoking policy to allow no
more than 2 clients to be in
designated smoking area at
the same time.
G. May 15, 2022 Amended
smoking policy to encourage
clients who were appropriate
to leave facility, per DHCS
standards of care, to be
accompanied by staff to
smoke across the street.
H. 10/28/2022 met with assistant
city planner and code
enforcement officer to discuss
potential solution of
relocating smoking area to
rear garage.
I. 10/31/2022 Made contact
with neighbor (Nabila Martin)
to discuss neighbor concerns
and potential proposed
solution.
21-10
J. 11/01/2022 Installed
professional grade HEPA air
filtration system and
portable chairs to not restrict
parking into back garage.
K. 11/01/2022 Relocated
designated smoking area to
back garage (see aerial photo
Exhibit A)
L. Provided in-service training
to staff regarding smoking
policy, limiting smokers to 2
at a time and relocation of
designated smoking area.
M. Restricted smoking hours to
7:00 am-10::00 pm
N. Sent written correspondence
to neighbors, providing
contact information for
facility compliance director
and addressed Action Plan
Items.
2. Address potential garbage
Began effort October 26, 2022
10/26/2022 —
Ongoing
receptacle concerns at 4138
A. Provided training in-
indefinite
Patrice
service to staff regarding
trash receptacles and
appropriate trash disposal.
B. Sent written
correspondence to
neighbors, providing
contact information for
facility compliance director
and addressed Action Plan
Items.
21-12
Attachment C
SBTS Letter to Neighbors
21-13
SIERRA by the SEA
Where Waves of Change Begin
Re: Sierra by the Sea
4138 Patrice Rd.
Newport Beach, CA 92663
Hello Neighbor,
November 11, 2022
My name is Julie Thorne and I am the Director of Quality & Compliance for Sierra by the Sea. I wanted to formally
introduce myself, tell you a little about our facility and answer some questions you may have about us.
Sierra by the Sea (formerly Sober Living by the Sea) has been operating in Newport Beach for nearly 20 years. Our
facility is fully licensed and certified by the Department of Health Care Services (DHCS) and accredited by the
Commission on Accreditation of Rehabilitation Facilities (CARF). We offer sub -acute detoxification and residential
treatment services. We follow strict regulatory guidelines and work very hard to remain compliant with all
regulatory bodies. In addition we strive to be good neighbors in the community, and make a good faith effort to
keep our premises well maintained, clear of trash and debris, minimize secondhand smoke and not be a nuisance to
our neighbors.
We are fully staffed 24 hours a day, and our clients/patients are never left unattended in our facility for any
reason. Our staff is comprised of Registered Nurses, Licensed Vocational Nurses, Physicians, Physicians
Assistants, Licensed and Associate Therapists, Certified and Registered Counselors and Medical Assistants.
Ideally, we would do such an excellent job at being good neighbors that you do not notice we are here, but if that is
not the case I would like to provide my direct contact information to you for any concerns or questions you may
have. I can be reached via email or by phone directly, I am also including our main number which is answered 24
hours a day by a member of our staff who can reach myself or another member of our leadership team immediately.
Thank you for your time and please do not hesitate to reach out to me for any questions or concerns you may have.
Sincerely,
Julie Thorne, BSN, CADC-II
Director of Quality & Compliance
2800 Lafayette Avenue
Newport Beach, CA 92663
949-688-6059 Direct Office Line
julie.thome&sierrabythesea.com Email
Additionally, should you wish to reach out to a City representative regarding the zoning agreement between the
City and Sierra by the Sea, you can reach out to Melinda Whelan, Assistant Planner, City of Newport Beach
Planning Division, Community Development Department at 949-644-3221 or by email at
MWhelan@newportbeachca.gov.
2800 Lafayette Ave I Newport Beach, CA 92663 1 949.612.2210 1 Admissions: 800.647.0042
21-14
Attachment D
Patrice Road Neighbor Email
21-15
Whelan, Melinda
From: Nabila Carson <nabilakcarson@gmail.com>
Sent: November 16, 2022 10:00 AM
To: Whelan, Melinda
Subject: Patrice Road Sober Living Facility -Smoking Concerns
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Melinda -
Per your constant and overwhelming request to memorialize our discussions and recent concerns regarding the sober
living facility off Patrice Road in Newport Beach, I am confirming we had a phone call to review recent changes by the
facility and that smoking area for the patients has been moved to the garage causing less of an impact to my family.
Additionally, per your request, I am confirming that I spoke with the manager at the facility who called to check in to
discuss the concerns and advise of the changes.
As of now the issue has been resolved however I still stand strong in my dismay in such facilities being in a residential
area/environment where there is such close proximity to other homes as these types of businesses bring emotional
trauma in neighborhoods. Studies have found energies from depression and trauma translate to other energies causing
impact on others.
Additionally, note this facility is housing for "handicapped" individuals, it is essentially a place of business bringing in
revenue. They simply should not be allowed in a residential setting.
I am in deep gratitude for the city's interest in my concerns and the immediate attention that was given. For now, we
are satisfied with the issue.
Thank you,
Nabila Carson
347-602-1088
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