HomeMy WebLinkAboutHO2009-014 Ocean RecoveryRESOLUTION NO. HO- 2009 -014
A RESOLUTION OF HEARING OFFICER THOMAS W. ALLEN,
DESIGNATED BY THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH TO CONDUCT HEARINGS PURSUANT TO CHAPTER 20.91A
OF THE NEWPORT BEACH MUNICIPAL CODE, APPROVING USE
PERMIT NO. 2008-030 FOR A RESIDENTIAL CARE FACILITY
LOCATED AT 1115 WEST BALBOA BOULEVARD (PA2008 -101)
WHEREAS, an application was filed by Ocean Recovery, LLC with respect to
property located at 1115 West Balboa Boulevard, and legally described as Lots 19 and
20 in Block 11 of Tract No. 234 in the City of Newport Beach, County of Orange, State
of California (APN 047 - 251 -08), as per map recorded in Book 013, Page(s) 36 -37 of
Miscellaneous Maps, in the Office of the County Recorder of Orange County, requesting
approval of Use Permit No. 2008 -030 to allow a residential care facility to operate an
adult alcohol and /or drug abuse recovery treatment facility for males only; and
WHEREAS, on February 12, 2009, and May 7, 2009, the Hearing Officer held a
noticed hearing in the City Hall Council Chambers, at 3300 Newport Boulevard,
Newport Beach, California at which time the project application was considered. Notice
of time, place and purpose of the public hearing was given in accordance with law and
testimony was presented to, and considered by, the Hearing Officer at the hearing; and
WHEREAS, the Hearing Officer has evaluated and weighed the testimony from
the February and May hearings. While differences of opinion were expressed, and on
occasion the Applicant responded to specific allegations by saying it was not aware of
the circumstances alleged, these differences do not constitute grounds to change the
Hearing Officer's decision to grant the permit, particularly in view of the fact that the
Conditions of Approval imposed on the Use Permit address the issues where
disagreement was evident; and
WHEREAS, a use permit for the proposed residential care facility has been
prepared in accordance with the provisions of Chapter 20.91A of the Municipal Code,
which states that in addition to the required findings in Section 20.91.035, the findings
required for a use permit in Section 20.91A.060 must also be made; and
WHEREAS, the required findings of Section 20.91.035 and facts in support of
such findings are as follows:
1. Finding: That the proposed location of the use is in accord with the objectives of
this code and the purposes of the district in which the site is located.
Facts in Support of Finding: The subject property is within an R -2 District, and the
proposed use as a residential care facility is a nonconforming use.
Nonconforming uses in a residential district are subject to the provisions of
Chapter 20.91A of the NBMC. Pursuant to this chapter, any property in a
residential district which became nonconforming as a result the passage of
Ordinance 2008 -05 may seek the issuance of a conditional use permit to
continue the use so long as the application for that permit was filed within the
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time limits required by Chapter 20.91A. The application for Use Permit No. 2008-
030 is in accord with the objectives and requirements of Chapter 20.91A with
respect to the required time limits for the submittal of an application for approval
of a use permit to continue the use of the subject property as a residential care
facility in the R -2 District.
The objectives of the code include provisions intended to reduce, through the use
permit process, the potential for overconcentration of residential care facilities
within a neighborhood and to protect public health, safety, peace, morals,
comfort, or welfare of persons residing or working in or adjacent to the
neighborhood of such use. The approval of Use Permit No. 2008 -030, subject to
conditions included with the use permit, complies with the objectives of the code
and does not result in an overconcentration of residential care facilities within the
neighborhood of the use as outlined in Finding No. 8 below.
2. Finding: That the proposed location of the use permit and the proposed
conditions under which it would be operated or maintained will be consistent with
the General Plan and the purpose of the district in which the site is located; will
not be detrimental to the public health, safety, peace, morals, comfort, or welfare
of persons residing or working in or adjacent to the neighborhood of such use;
and will not be detrimental to the properties or improvements in the vicinity or to
the general welfare of the city.
Facts in Support of Finding: General Plan Policy LU 6.2.7 directs the City to
regulate day care and residential care facilities to the maximum extent allowed by
federal and state law so as to minimize impacts on residential neighborhoods.
Approval of Use Permit No. 2008 -030 includes conditions to regulate the use and
operational characteristics of this facility consistent with this policy requiring that
the facility be operated in a manner to ensure that its operation will not be
detrimental to the public health, safety, peace, morals, comfort, or welfare of
persons residing or working in or adjacent to the facility.
Current and future operational standards to be used by the facility will be
implemented through the adopted conditions of approval which address the
following operational characteristics of the facility:
a. Ocean Recovery shall have at least one qualified supervisor on -site at all
times (24 hours a day, seven days a week);
b. The facility must maintain Quiet Hours to the extent that persons on the street
or on adjacent properties cannot hear any noise from 1115 West Balboa
Boulevard between the hours of 9:00 p.m. to 8:00 a.m. daily. During these
quiet hours, all residents must be inside except during emergencies;
c. This facility's maximum number of permitted resident beds shall be reduced
to eighteen (18);
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d. Security shall be enhanced by increasing the height of the property's eastern
side yard "pony wall" up to a maximum of six feet, subject to City approval,
with landscape screening added;
e. Smoking shall be restricted to an enclosed area inside the facility. Smoking
outdoors shall be prohibited;
f. The facility shall abide by the City's regulations regarding trash disposal,
including providing the proper number of cans for the facility's use to ensure
that cans do not overflow, by placing the cans out no earlier than 7:00 p.m.
the evening prior to collection, and by placing the cans back in the side yard
(or other contained area) no later than 6:00 p.m. the day of collection; and
g. In the event the Operator provides counseling or educational sessions to
family members of persons housed at the facility the following conditions shall
apply:
1. The counseling and educational sessions shall be expressly authorized
within the facility's ADP license;
2. In no event shall the facility provide counseling or educational or
alumni sessions to persons who do not have a relative receiving in
patient treatment at the facility.
3. In no event shall the facility conduct "AX type meetings or group
sessions for persons who do not reside at the facility.
3. Finding: That the proposed use will comply with the provisions of this code,
including any specific condition required for the proposed use in the district in
which it would be located.
Facts in Support of Finding: Approval of Use Permit No. 2008 -030, subject to
conditions included with the use permit, will comply with the operational
standards of 20.91A.050 of the NBMC, as outlined in Finding No. 5 below.
4. Finding: If the use is proposed within a Residential District (Chapter 20.10) or in
an area where residential uses are provided for in Planned Community Districts
or Specific Plan Districts, the use is consistent with the purposes specified in
Chapter 20.91A and conforms to all requirements of that Chapter.
Facts in Support of Finding: The use is a nonconforming use as specified in
Chapter 20.91A of the NBMC, and an application for a use permit requesting to
continue the use was filed by Ocean Recovery, LLC, the project applicant,
consistent with the requirements of Chapter 20.91A. Approval of Use Permit No.
2008 -030 includes conditions of approval requiring that the continued use of the
subject property as a residential care facility be operated in a manner that
conforms to all requirements of Chapter 20.91A by reducing the number of
resident beds within the facility, providing for adequate parking, raising the height
of the property side -yard "pony wall," restricting the potential for secondhand
smoke impacts to neighboring properties, ensuring that contact information for
the facility is available at all times, that the facility operates pursuant to the terms
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of the license issued to the facility by ADP, that other certifications, as
appropriate be obtained by the facility, and requiring the names of all owners of
the facility to be available to the City.
WHEREAS, the required findings of Section 20.91A.060 and facts in support of
such findings are as follows:
5. Finding: The use conforms to all applicable provisions of Section 20.91A.050
(Development and Operational Standards). These development and operational
standards are summarized as follows:
a. No secondhand smoke can be detectable outside the property.
b. Operations must comply with state and local law and the operator's
submitted management plan including any modifications required by this
Use Permit.
C. A contact name and number be provided.
d. No services requiring a license can be provided if the facility does not
have a license for those services.
e. There shall be no more than 2 persons per bedroom plus one additional
resident, unless a greater occupancy is requested and granted.
Occupancy must also comply with State licensing if applicable.
f. If certification from an entity other than ADP's licensing program is
available, applicants must get that certification.
g. All individuals and entities involved in the facility's operation and
ownership must be disclosed.
h. No owner or manager shall have any demonstrated pattern of operating
similar facilities in violation of the law.
Facts in Support of Findings (Items a through h, above): The use conforms to the
standards set forth in Section 20.91A.050, as follows.
a. Approval of the use permit includes a condition of approval that smoking
be permitted only inside the facility. Smoking outdoors is prohibited.
b. The operations of this facility are in compliance with the State ADP
license, and as conditioned, the facility will comply with the approved
Operations and Management Plan for the facility.
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C. Appropriate names and contact information numbers are provided within
the application, and as a condition of approval of this application, the
appropriate "after hours" names and contact information numbers will be
provided to the City.
d. The Operation and Management Plan for the facility provides that only
those services permitted by the facility's ADP license are performed within
the facility. The ADP license does not permit treatment services to non-
resident clients, nor does it allow non - clients to interact with clients unless
all clients have signed privacy rights waivers authorizing non - clients to
know that the clients are in recovery.
e. The facility is licensed for a maximum occupancy of 22 residents. The
facility contains 11 bedrooms currently occupied by a maximum of two
persons per bedroom. As a condition of approval of the use permit, the
maximum occupancy permitted for client residents shall be reduced to 18
residents with no more than two persons per bedroom consistent with the
residential occupancy design of the building and the occupancy standards
of NBMC Section 20.91A.050 of two residents per bedroom.
f. A condition of approval is included as part of the approval of the use
permit, requiring the applicant to consider the merits of additional
certification available, including but not limited to an Orange County Adult
Alcohol and Drug Sober Living certification. In the event that the applicant
deems such certification inapplicable to this treatment use, the applicant is
required to prepare a letter so stating these facts and to submit the letter
to the City within 60 days of the issuance of a use permit.
g. All employees and management personnel have been disclosed in the
application documentation.
h. According to information provided in the application documentation the
owners and managers of the facility own and operate a similar facility
located at 1601 West Balboa Boulevard in the City of Newport Beach.
The State of California ADP license for each facility is in good standing
and expires in December 2010. However, in the exercise of caution, a
condition of approval is included directing specifically that all actions,
whereby a client resident's identity is released or made known to non -
clients, must comply with ADP's privacy rules and regulations.
6. Finding: The project includes sufficient on -site parking for the use, and traffic
and transportation impacts have been mitigated to a level of insignificance.
Facts in Support of Finding: The NBMC requires off - street parking and loading
spaces for a residential care facility at a ratio of one space for every three beds.
The facility provides a total of six off - street parking spaces. To ensure that the
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facility provides adequate off - street parking to meet the parking requirements of
the NBMC, conditions of approval are included as part of the approval of Use
Permit 2008 -030 as follows:
a. The maximum client bed occupancy for the facility shall be reduced from 22
to 18 residents.
b. Client residents are not permitted to have personal vehicles on -site.
c. On -site parking garages shall be kept clear of any permanent or semi-
permanent physical obstruction, and made available for parking of vehicles.
d. Use of on- street parking is limited to staff and visitors during special sessions,
and family counseling. In order for these activities to continue, the following
conditions shall apply:
• Assembly uses are not permitted, except those that involve client
residents of the facility (and in some cases small meetings of a client's
family members with facility staff);
• The operator shall make parking available for a minimum of four staff
members per daytime shift and one staff member per nighttime shift;
• The operator shall purchase three master parking permits from the City for
use of on- street parking;
• The facility's use shall not occupy more than three on- street parking
spaces at any time; and
A facility van provides transportation for the residents on a weekly schedule
dispersed within the day and among the days of the week so that van
transportation is not concentrated during peak traffic times. Van loading and
unloading is conducted in front of the facility along Balboa Boulevard. As part of
the approval of this use permit, a condition of approval is included that restricts
loading and unloading of van passengers to be conducted within open parking
spaces along Balboa Boulevard and prohibits van drivers from stopping or
double - parking in a traffic lane.
The facility's current client transport van does not fit inside any of the facility's
onsite garage spaces, and must therefore be parked on the street or at an
alternate offstreet location when not in use. A condition of approval is included
that requires any replacement or additional client transport vehicles acquired or
used by the operator to be of a size that can be parked within the garage, and
that onsite parking space(s) be used for this purpose when such vehicles are
obtained.
7. Finding: The property and existing structures are physically suited to
accommodate the use.
Facts in Support of Finding: The building is similar to many other residential
structures along West Balboa Boulevard constructed on a parcel that measures
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approximately 60 feet wide by 100 feet deep. The six -unit apartment building
was constructed on two lots in 1952 with the approval of Use Permit No. 56,
when the subject property was zoned R -3.
The City of Newport Beach Fire Department is the responsible agency for
implementing fire protection of all residential care facilities and residences. The
subject property has an approved fire clearance from the City of Newport Beach
Fire Department dated January 3, 2005, for a maximum occupancy of 22
residents, as well as staff. Separate from this use permit, the applicant may be
required to conduct an architectural code analysis of the facility to determine if
the facility complies with current Building Codes for this occupancy type, or the
Building Codes existing at the time the facility was initially issued a "fire
clearance."
8. Finding: The use will be compatible with the character of the surrounding
neighborhood, and the addition or continued maintenance of the use will not
contribute to changing the residential character of the neighborhood, such as
creating an overconcentration of residential care uses in the vicinity of the
proposed use. In making this finding or sustaining such a finding, the Hearing
Officer and /or City Council shall consider, as appropriate, the following factors:
a. The proximity of the use location to schools, parks, other residential care
facilities, outlets for alcoholic beverages and any other uses which could
be affected by or affect the operation of the subject use;
b. The existence of substandard physical characteristics of the area in which
the use is located such as lot widths, setbacks, narrow streets, limited
available parking, short blocks, and other substandard characteristics
which are pervasive in certain areas of the City of Newport Beach,
including portions of West Newport, Lido Isle, Balboa Peninsula, Balboa
Island, Corona del Mar and Newport Heights, which portions were
depicted on a map referred to as the Nonstandard Subdivision Area
presented to the Newport Beach Planning Commission on September 20,
2007, and on file with the Director of Planning; and
C. Whether, in light of the factors applied in subsections 20.91A.D.1 and D.2,
it would be appropriate to apply the American Planning Association
standard of permitting one or two such uses per block. Median block
lengths in different areas of Newport Beach widely range from 300 feet in
the Nonstandard Subdivision Areas to as much as 1,422 feet in standard
subdivision areas. The average calculable block length in much of the
standard subdivision areas is 711 feet and the calculable median block
length is 617 feet. The Hearing Officer shall apply the American Planning
Association standard in all areas of Newport Beach in a manner that
eliminates the differences in block lengths. In making this determination,
the hearing officer shall be guided by average or median block lengths in
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standard subdivisions of the City. The Hearing Officer shall retain the
discretion to apply any degree of separation of uses, which he or she
deems appropriate in any given case. A copy of the American Planning
Association standard is on file with the Director of Planning.
Facts in Support of Finding (Items a through c, above): The Ocean Recovery
facility is approximately 1,220 feet from an existing large licensed day care facility
and approximately 730 feet from Newport Elementary School. This is a sufficient
distance from these facilities so that the use will not impact or be impacted by the
operations or use of these facilities.
The objectives of the code include provisions to ensure, through the use permit
process, that a proposed residential care facility is compatible with the
surrounding residential neighborhood, and specifically, that the approval of a use
permit for the continued operation of a residential care facility does not result in
an institutionalization of the surrounding neighborhood through an
overconcentration of facilities. The use is located in the mid - Balboa Peninsula
area, which is a part of the Nonstandard Subdivision Area. Inasmuch as Section
20.91A 060 (D.3) indicates median block lengths in different areas of Newport
Beach widely range from 300 feet in the nonstandard subdivision areas to as
much as 1,422 feet in standard subdivision areas, a block length for the mid -
Balboa Peninsula area where this use is located may be established. In order to
establish a block length for the mid - Balboa Peninsula area, the City has
determined that it is appropriate to apply a median block length pursuant to the
standards of the American Planning Association. The City's Hearing Officer has
determined that a calculable median block length of 617 feet is a reasonable
block length for purposes of evaluating the mid - Balboa Peninsula area. The
placement of more than one residential care facility per this median block length
in the densely populated mid - Balboa Peninsula area creates a strong likelihood
of change to the character of the residential neighborhood.
The Hearing Officer hereby determines that the center of Balboa Boulevard is a
dividing line for purposes of applying the previously established block length
standard of 617' on the mid - Balboa Peninsula. The Hearing Officer further
determines that in this area a block is more or less rectangular in shape
(depending on street direction) and "an area that is bounded on all sides by
streets," as described in the City's ordinance. West Balboa Boulevard is a 100'
wide primary roadway with a median divider and is therefore a significant
neighborhood dividing line and barrier to institutionalization of the area. The
areas on the opposite (north) side of West Balboa Boulevard are therefore
separate blocks. By applying the block length standard as being adjacent on one
side of West Balboa Boulevard, and including smaller streets such as 12th and
11th Streets, there can be streets within a "block "; the differences in block lengths
can be overcome to provide a 617 -foot block length standard. The Hearing
Officer rejects the concept of "block length" radii around recovery facilities on the
basis that the concept would create an inflexible distancing standard between
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recovery uses, and would not be in keeping with the recommended APA
standard.
The proposed Ocean Recovery facility is the only residential care facility located
on the south side of West Balboa Boulevard within a calculable median block of
617 feet in length proposed for continued operation pursuant to an approved use
permit. As indicated in Diagram A below, the nearest other operating residential
care facilities are Balboa Horizons, located at 1132 West Balboa Boulevard, and
Newport Coast Recovery, located at 1216 West Balboa Boulevard. These other
facilities are in a separate block located on the north side of West Balboa
Boulevard, a 100 -foot wide primary roadway separating the blocks. Balboa
Horizons was granted approval of a use permit to continue operations, and
Newport Coast Recovery has been denied a use permit (subject to a re- opened
public hearing).
Diagram A
1115 West Balboa Proximity
LEGEND;
Red Dot = Newport Coast Recovery, 1216 West Balboa (denied Use Permit)
Green Dots = Balboa Horizons, 1132 Kest Balboa LMS Properties, 900 West Balboa (approved Use
Permit or approved reasonable accommodation, respectively)
Blue Dot = Ocean Recovery, 1217 West Bay (not subject to Use Permit)
Star = Ocean Recovery, 1115 West Balboa (use permit pending)
9. Finding: The operation of buses and vans to transport residents to and from off -
site activities does not generate vehicular traffic substantially greater than that
normally generated by residential activities in the surrounding area.
Facts in Support of Finding: A facility van provides transportation for residents of
the use and will provide van transportation for non - resident family members, on a
weekly schedule dispersed throughout the day and among the days of the week
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so that van transportation is not concentrated during peak traffic times. A
condition of approval is included as part of the approval of Use Permit No. 2008-
030 requiring the loading and unloading of the transportation van passengers to
occur only in open parking spaces on West Balboa Boulevard and prohibiting the
van drivers from stopping or double - parking in a traffic lane.
10. Finding: Arrangements for delivery of goods are made within the hours that are
compatible with and will not adversely affect the peace and quiet of neighboring
properties.
Facts in Support of Finding: Business products and other packages and goods
are delivered to the facility by staff members using their private vehicles during
weekdays between the hours of 9:00 a.m. to 5:00 p.m. These days and hours for
deliveries are consistent with normal working hours, and as such, are compatible
with and will not adversely affect the peace and quiet of neighboring properties.
11. Finding: Arrangements for commercial trash collection in excess of usual
residential collection are made within hours that are compatible with and will not
adversely affect the peace and quiet of neighboring properties.
Facts in Support of Finding: A condition of approval is included as part of the
approval of Use Permit No. 2008 -030 requiring Ocean Recovery to abide by the
City's regulations regarding trash disposal, including provision of a proper
number of cans for the facility's use to ensure that cans do not overflow,
placement of cans out no earlier than 7:00 p.m. the evening prior to collection,
and placement of cans back in the side yard (or other contained area) no later
than 6:00 p.m. the day of collection.
WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301
of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities).
This class of projects has been determined not to have a significant effect on the
environment and is exempt from the provisions of CEQA. This activity is also covered by
the general rule that CEQA applies only to projects that have the potential for causing a
significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines). It can
be seen with certainty that there is no possibility that this activity will have a significant
effect on the environment and it is not subject to CEQA.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Hearing Officer on behalf of the City of Newport Beach hereby
approves Use Permit No. 2008 -030, to operate an adult alcohol and/or drug abuse
recovery treatment facility for a maximum of 18 male resident clients, subject to
Conditions of Approval in Exhibit "A" attached hereto and made part hereof.
Section 2. This action shall become final and effective fourteen days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk
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in accordance with the provisions of Title 20 Planning and Zoning, of the Newport
Beach Municipal Code.
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PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF MAY 2009.
ATTEST:
BY: 21k"�
Thomas W. Allen, Hearing Officer
AlUw 2 �
City Clerk
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EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2008 -030
OCEAN RECOVERY, LLC
1115 WEST BALBOA BOULEVARD
1. Grant of Use Permit. Use Permit No. 2008 -030 is granted to Ocean Recovery,
LLC to operate an adult alcohol and /or drug abuse recovery treatment facility for
18 males only. The Operator shall limit occupancy of the facility at 1115 West
Balboa Boulevard to 18 resident client beds. No more than 18 resident clients
may reside at the facility at any time.
2. Governmental Referrals. The Operator of Ocean Recovery, LLC, hereinafter
referred to as "Operator," shall not provide any services to any client or house
any client who has been referred or caused to be referred to Ocean Recovery's
facility by any governmental agency, including but not limited to probationers or
parolees, due to the limitations that Section 509.9 of the California Building Code
places on Group I and R occupancies.
3. Medical Waste. Any and all medical waste generated through the operation of
the facility shall be disposed of in accordance with the City of Newport Beach's
Municipal Code, all other laws and best industry standards and practices.
4. Trash & Trash Enclosures. Operator shall comply with City code provisions
pertaining to trash enclosures, and if directed by the Planning Director, shall
secure and maintain commercial bin service at the subject property. Operator
shall provide a sufficient number of plastic trash cans with sealable covers to
contain all of the refuse generated by the facility, which are to be used at all
times. Trash cans shall be put out for pick up no earlier than 7:00 p.m. and
before 8:00 p.m. on the evening before trash collection day, and shall be put
back within the property by 6:00 p.m. on the day of collection.
5. Smoking, Tobacco Products, and Cigarette Litter. No guests, clients, or any
other users of the facility may smoke in any area from which secondhand smoke
may be detected on any parcel, other than the subject parcel, upon which the
facility is located. Operator shall contain secondhand smoke generated by
patients, clients, customers, and staff within the lot line of the subject property.
Operator shall use its best efforts to:
a. Limit smoking to a designated smoking area located inside the facility and
equipped with an air filter and smoke containment device or structure.
b. Prohibit smoking outside of the facility to prevent unreasonable annoyance to
adjacent residences.
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c. Rapidly address neighbor complaints of secondhand smoke, when it can be
reasonably determined that the smoke comes from the facility.
In addition, Operator shall not allow clients, staff, or residents to litter cigarette
butts on the ground, floor, deck, sidewalk, gutter, boardwalk, or street.
Operator's administrators and managers shall actively enforce, on the City's
behalf, the City's prohibition on clients' tobacco use on beaches, boardwalks, and
piers (NBMC §11.08.080), including when Operator's clients are at "AA"
meetings.
6. Off- Street Parking, and Loading and Unloading. Operator shall provide six (6)
off - street parking spaces for the use of the facility at all times. The additional
following conditions shall apply:
a. Client residents shall not be permitted to have vehicles during their stay at
Ocean Recovery.
b. On -site parking garages shall be kept clear and available for parking of
vehicles at all times.
c. The operator shall purchase three master parking permits from the City for
use of on- street parking.
d. The operator shall make parking available for a minimum of four staff
members per daytime shift and one staff member per nighttime shift;
e. The current transportation van may use one of the three master parking
permits for on- street parking purpose. However, any replacement or
additional client transport vehicles acquired or used by the Operator shall be
of a size that can be parked within the garage, and onsite parking space(s)
shall be used for this purpose when and if such vehicles are obtained.
f. The facility use by visitors or staff shall not occupy more than three on- street
parking spaces at any time.
g. The operator shall familiarize clients with local OCTA bus stops and routes
and keep a current route map and OCTA schedule in the facility at all times.
Loading and unloading of passengers of the facility's transportation van shall
occur only in open parking spaces on West Balboa Boulevard. The van driver is
strictly prohibited from stopping or double - parking in a traffic lane to load and
unload passengers. in addition:
a. Client drivers shall respect all City rules regarding parking and /or stopping
and waiting to load residents. Client transport vehicles shall not block
adjacent alleys or street ends.
b. Client drivers shall not leave vehicles in reverse gear if reverse has an
audible back -up warning sound.
c. Client drivers shall speak to residents at a level protective of neighborhood
peace, cognizant of the hour, to avoid waking neighbors.
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7. Assembly, Family Counseling, and Special Sessions. Assembly uses,
including but not limited to, meetings and group counseling sessions involving
persons who do not reside at the facility where the meeting is taking place, are
prohibited except that house staff and family members of persons residing at the
facility may meet with residents provided such meetings preserve the quiet of the
neighborhood. In the event the operator provides counseling or educational
sessions to family members of persons housed at the facility the following
conditions shall apply:
a. The counseling and educational sessions shall be expressly authorized within
the facility's ADP license;
b. In no case shall the facility provide counseling, educational or alumni
sessions to persons who do not have a relative receiving in- patient treatment
at the facility.
c. In no case shall the facility conduct "AA" type meetings or group sessions for
persons who do not reside at the facility.
8. Hotline. Operator shall establish, provide public notice of, and operate a hotline
for receiving inquiries and /or complaints in reference to its operation of its facility.
The phone number need not be staffed 24 hours a day seven days a week,
however callers should be responded to within the next 24 -hour period.
9. Quiet Hours. Operator shall enforce the Quiet Hours of 9:00 p.m. to 8:00 a.m.
daily to its patients, clients and customers occupying beds in its facility. During
these Quiet Hours, all residents shall be inside except during emergencies.
Quiet means noise, including music, television, and voices, is not audible beyond
the perimeter of the facility except in a demonstrable emergency.
10. Route Plans. Operator shall adhere to the Route Plans for transport of its staff,
residents, clients, and customers. The Route Plans are included in the
Operations and Management Plan. Short-term interruptions, such as medical
emergencies or street maintenance beyond Operator's control, are allowable
modifications to the Route Plans.
11. Operations and Management Plan. The Operator shall adhere to the
Operations and Management Plan attached as Exhibit B. Minor modifications to
the Operations and Management Plan deemed acceptable to the Planning
Director do not constitute a reason to amend the Use Permit.
12. Deliveries. Any deliveries to the facility shall only be made between 8:00 a.m.
and 5:00 p.m. on weekdays and prohibited on Saturdays or Sundays, unless
urgently necessary. In addition, delivery vehicles may not block the alley.
13. Stakeholder Group. Upon invitation by the City, Operator shall participate in the
activities of any stakeholder committee or group established by the City to
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address complaints and concerns of residents of the City regarding the operation
of Residential Care Facilities in the City.
14. Persons per Bedroom. Operator shall not allow more than two (2) clients in
one bedroom. This is consistent with the provisions of the ADP license.
16. Good Neighbor Rules. The operator shall post and enforce at all times the
Good Neighbor Rules adopted by Ocean Recovery attached as Exhibit C. Minor
modifications to the Rules deemed acceptable to the Planning Director do not
constitute a reason to amend the Use Permit.
16. State Licensing, Treatment, and Occupancy. All occupancies at the subject
property shall comply with the State ADP License Record ID 3001446P, which
expires on December 31, 2010, and any successor license offering the same
treatment services. Operator shall maintain ADP licensing throughout the
duration of this use permit.
17. Building and Zoning Codes. Operator recognizes that subject property has
specific setbacks from the side yards, front yard, and /or back yard per the City's
Building and Zoning Codes. Operator shall keep these setbacks clear of
obstruction, including building obstruction. The orderly storage of trash cans is
acceptable in setbacks.
18. Staffing. Operator shall have adequate staff to appropriately and responsibly
manage the facility and shall limit the staff to no more than five full -time staff
members on -site at any one time, so as to avoid overwhelming the facility's
neighborhood with cars, shuttles, trash cans, or other aspects of a high -staff
commercial use in a residential neighborhood. Ocean Recovery shall staff the
facility with qualified on -site managers, one of whom shall be present at all times.
19. Nuisances. The subject property shall not be unsafe, unsightly or poorly
maintained. If Operator receives a nuisance violation from the City in regards to
any of these issues, Operator shall correct the violation within seven days or
contact the City directly to implement a remediation plan in accordance with the
City's municipal code.
20. Profanity and Lewd Behavior. Operator shall not tolerate lewd behavior, lewd
speech, or profanity at the subject property, nor shall the operator tolerate
profanity by staff or clients at levels audible to neighboring residents. The
operator shall enforce the house rules against lewd speech, lewd behavior, or
profanity. Profanity at a level audible to neighboring residents may result in an
administrative citation issued by the City upon the property owner and operator.
21. Noise. Operator shall strictly adhere to the City's noise standards (NBMC
§10.26.025; 10.26.030). Operator shall be responsible for minimizing clapping,
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stomping, or other noises at meetings or gatherings at the subject property,
consistent with NBMC §10.26.030.
22. Beaches and Other Common Gathering Areas. Operator's use of the
beaches for meetings, prayer, conversation, or other gatherings shall show due
respect to non - resident visitors, residents, and other beachgoers, thus allowing
them to take full enjoyment of the beach. Operator shall not conduct business on
the beach (per NBMC §10.08.030).
23. Services to Facility's Clients or Residents. Operator shall use industry's best
practices to ensure that the facility's clients or residents stay in recovery
(including scheduled substance-testing, random substance testing, and required
counseling). Operator shall ensure that any client or resident removed from
Operator's program or facility has the resources necessary to return home.
24. Federal, State and Local Laws. Operator shall comply with all federal, state,
and local laws. The issuance of this use permit shall not constitute a waiver of
the requirements of any federal, state or local law, including the requirements of
the California Building Code.
25. On- Street Parking. Visitors and staff of the facility are prohibited from parking on
public streets in Newport Beach, except for on- street spaces utilized following
notification to the City by Ocean Recovery and following the purchase of three
master parking permits by the Operator from the City for use by visitors and staff
of the facility. Residents are not permitted to have their personal vehicles at the
facility.
26. Confirmation of Resident Disability. All clients of the facility shall be classified
as disabled, as that term is defined by federal and state fair housing laws. The
Operator shall execute an affidavit declaring that all clients receiving services
from this facility are disabled persons.
27. Compliance with Conditions of Approval. Any changes in operational
characteristics, including but not limited to the following, may, at the Planning
Director's sole discretion, require an amendment to this use permit or issuance of
a new use permit:
a. Modification, expiration without renewal, or loss of ADP license.
Increase in number of resident clients.
c. Increase or decrease in on -site staffing.
Increase in physical capacity of facility including number of beds, number
of bedrooms, floor area of facility, etc.
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e. Significant change in the Operations and Management Plan.
Request for amendment to any condition or conditions of approval.
g. Alteration and /or loss of approved on -site parking.
h. Upon determination by the City's Planning Director, a change in facility
management, a change in facility ownership, or a change in the population
served by this facility. The Planning Director may require an amendment
or review and subsequent issuance of a new Use Permit if a change in
facility management, facility ownership, or land ownership results in this
facility being managed or owned by a person or entity that has not
demonstrated competence in operating a facility such as this facility under
similar operational standards and conditions.
Any other material change in the operational characteristics that is not in
substantial conformance with the Operation and Management Plan or the
Good Neighbor Rules, upon determination by the City's Planning Director.
28. Security & Safety. The entrances and exits of each facility shall be secured and
monitored. Fire exits shall be marked in accordance with the California Building
Code. Smoke detectors and fire extinguishers shall be kept in operable condition.
Exit passages shall be kept clear at all times.
29. Side Property Wall. The "pony wall" that exists along the eastern side property
line of the facility shall be increased to up to 6 feet in height, except within the 10-
foot front yard setback. All construction associated with this condition shall be
subject to issuance of a City Building Permit and shall comply with the California
Building Code. Ocean Recovery shall make a good faith effort to complete
construction work within 60 days of the issuance of a Use Permit. Ocean
Recovery shall install landscaping screening material, such as bamboo or other
appropriate vegetation, along the interior of the raised walls to further reduce the
interactions of facility residents with adjacent neighbors.
The City Manager or his designee shall
landscape plans for improvements to tt
are aesthetically appropriate.
review and approve the construction and
e side property walls to assure that they
30. Additions or Modifications to Conditions of Approval, or Revocation of Use
Permit. The Hearing Officer or City Council may add or modify conditions of
approval to this Use Permit, or revoke this Use Permit upon a finding of failure to
comply with the conditions set forth. The City Council may also revoke, modify,
or amend this Use Permit if it determines the conditions under which this facility
is being operated or maintained are detrimental to the public health, safety,
peace, morals, comfort, or general welfare of the community, or if the facility is
materially injurious to property or improvements in the vicinity, or if the facility is
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operated or maintained so as to constitute a public nuisance. In any proceeding
to revoke this Use Permit, the cumulative effect of two or more violations of
conditions shall be considered.
EXHIBIT B
Operations and Management Plan
OCEAN RECOVERY
NEWPORT BEACH, CA
FACILITY OPERATIONS AND MANAGEMENT PLAN
Note: In addition to the below, Ocean Recovery will comply with the terms and obligations of Ocean
Recovery's ADP Licenses.
1— Bed Caps
All occupancies at the Properties shall comply with the following:
• At 1601 West Balboa —14 beds (including up to two house managers), women only.
• At 1115 West Balboa —18 beds (including up to two house managers), men only.
• At 1217 West Bay -6 beds (including up to one house manager), women only.
2 — Quiet Hours
Each facility manager shall enforce 9:00 p.m. to 8:00 a.m. Quiet Hours for each of the Properties. During
these periods, no noise (including music, TVs, voices) shall be audible from beyond each Property's
property line except during emergencies.
3 — Assembly Uses
Assembly uses (meetings, group counseling sessions, more) involving persons who do not reside at the
Facility where the meeting is taking place are prohibited, except that house staff and family members of
persons residing at the Facility may meet with residents provided such meetings preserve the quiet of
the neighborhood.
4 — Client and Staff Transportation, Garages
Ocean Recovery's clients shall not have personal vehicles during their stay at the Properties. Garages
shall be cleared and available for staff vehicle parking. Staff shall park in the garage whenever possible.
Staff shall familiarize clients with local OCTA bus stops and routes, keeping a current route map and
schedule in the facility at all times.
5 — Security & Safety
The entrances and exits of each facility shall be secured and monitored. Fire exits shall be marked in
accordance with the California Building Code. Smoke detectors and fire extinguishers shall be kept in
operable condition. Exitways shall be kept clear at all times.
6 — Clients Referred by Governmental Agencies
Ocean Recovery shall not provide any services to any client or house any client who has been referred or
caused to be referred to Ocean Recovery's facility by any governmental agency, including, but not
limited to, probationers or parolees, due to the limitations that California Building Code §509.9 places
on Group i and R occupancies.
7 — Trash
Ocean Recovery shall abide by the City's regulations regarding trash disposal, including providing the
proper amount of cans for the Property's use (so that cans do not overflow), placing the cans out no
earlier than 7:00 p.m. the evening prior to collection, and placing the cans back in the side yard (or other
contained area) no later than 6:00 p.m. the day of collection.
8 — Recovery Program and Industry Practices
Ocean Recovery shall preserve and maintain its present (May 2009) recovery model, which provides
State - licensed non - medical residential treatment for persons in recovery from alcohol and /or drug
addiction. Ocean Recovery shall not operate its Facilities in a manner not compliant with its state
license.
Ocean Recovery will use its industry's best practices to ensure that Ocean Recovery's clients or stay in
recovery (including House Rules prohibiting the use of alcohol or drugs, the possession against items
containing alcohol or drugs; providing for scheduled testing, random testing, counseling, etc.).
9 — House Staffing
Ocean Recovery shall staff each Property with at least one qualified on -site manager, who shall be
present at all times unless an emergency draws them elsewhere.
10 — Nuisances
Ocean Recovery's Properties shall not be unsafe, unsightly or poorly maintained. If Ocean Recovery
receives a nuisance violation from the City, Ocean Recovery shall correct the violation within (7) seven
days or contact the City directly to negotiate a mutually - agreeable timeline.
11- Client or Staff Behavior
Ocean Recovery shall not tolerate lewd behavior or lewd speech at the Properties, nor shall Ocean
Recovery tolerate profanity spoken or yelled by staff or clients at a level heard by neighboring residents.
Ocean Recovery shall enforce house rules against lewd speech, lewd behavior, or profanity.
12 — Smoking & Cigarette Utter
Per NBMC Section 20.91A.050(A), no clients, guests, or any other users of the Properties may smoke in
an area from which the secondhand smoke may be detected on any parcel otherthan the parcel upon
which each Property is located. Ocean Recovery will use an enclosed area interior to the facility with an
air filterto minimize or eliminate second hand smoke on its Property.
Ocean Recovery will enforce house rules against litter, including prohibiting allow clients, staff, or
residents from littering cigarette butts on the ground, sidewalk, gutter or street.
13 — Deliveries
Business and food or supply deliveries shall only be made during normal business hours, which are
between 8:00 a.m. and 5:00 p.m. on weekdays.
14 — Contact Information
Ocean Recovery will provide its neighbors and the City with the contact name, phone number, and e-
mail address of the on -site manager or a higher level position to assist residents and the City with
problems or concerns arising from the Properties. E -Mails or messages left with Ocean Recovery's
contact name shall be returned in a prompt manner.
15 — House Rules
Ocean Recovery shall post and enforce the House Rules as shown in Exhibit C to the Use Permit.
EXHIBIT C
Good Neighbor Rules
OCEAN RECOVERY
Foundation for Hope
OCEAN RECOVERY GOOD NEIGHBOR RULES
NOTE: IT IS IMPERATIVE THAT ALL CLIENTS UNDERSTAND AND ABIDE BY
THESE RULES. VIOLATION OF ANY OF THESE RULES SHALL SUBJECT THE
CLIENT TO REMOVAL FROM THE PROGRAM.
Clients are reminded that this facility is in a residential neighborhood with families
including children in close proximity. Clients are to respect the quality of life and
neighborhood character of the community and treat all neighbors with respect.
■ Profanity and lewd speech is strictly prohibited. Profanity spoken or yelled at a level
heard by neighboring residents will not be tolerated. Violation of this rule shall subject
the client to dismissal from the program.
■ Loud music is prohibited. Stereos can only be played at a reasonable level so as not to
disturb roommates or neighbors. After 9:00 p.m. headphones must be used. TV's will be
turned off between the hours of 8:00 a.m. and 5:00 p.m.
No personal TV's or radios are allowed without permission of the house manager.
Curfew hours are 10:00 p.m. Sunday through Thursday, and 11:00 p.m. Friday and
Saturday. Special arrangements can be made with the house manager in advance for
special circumstances.
■ Lights out at 11:00 p.m. Sunday through Thursday and midnight Friday and Saturday.
■ Quite time (meaning that televisions, music, and talking cannot be heard off the facility)
is observed from 9:00 p.m. to 8:00 a.m. daily.
3419 Via Lido #310 Newport Beach, California 92663
Ph. (949) 723-2388, (800) 641 -2388 Fax. (949) 723 -1288
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OCEAN RECOVERY
Foundation for Hope
■ Loitering in alleyways and gathering outside the facility in a manner disruptive to our
neighbors is strictly prohibited.
■ Clients should refrain from engaging neighboring residents in conversation unless the
conversation is initiated by the neighboring resident.
Clients should refrain from all times from any verbal altercations with neighboring
residents.
■ Musical instruments are not allowed on the premises unless special arrangements are
made with, and approved by, the House Manager. Drums are not allowed on the
premises. In no event shall musical instruments be played after 9:00 p.m.
■ No smoking in Ocean Recovery buildings, surrounding sidewalks, streets or alleys -
smoking is only permitted on the patio away from neighbors homes.
■ When smoking does occur on the designated patio, no more than 4 people shall be
permitted to smoke at any one time. Smoking should be done in a manner that does not
send second hand smoke to adjacent residences' doors and windows or onto neighbors'
patio areas.
Clients recognize that cigarette butts are unsightly litter and will be disposed of properly.
In no circumstances will clients leave cigarette butts on the ground, floor, deck, sidewalk,
gutter, or street.
■ Clients recognize and respect the City's prohibition against smoking on beaches, the
ocean front walk and other public places.
3419 Via Lido #310 Newport Beach, California 92663
Ph. (949) 723 - 2388,(800) 641 -2388 Fax. (949) 723-1288
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■ Friends may only visit the house with the permission of the house manager. Visitors are
confined to the designated visiting area and are not permitted in the apartments. No
visitors after 9:00 p.m. All visitors must check in with and be approved by the manager.
No overnight visitors. Visitors are not allowed to participate in recreations or workshops
that are held during visiting hours. Visiting must not conflict with scheduled group
times. Clients are responsible for directing and ensuring that visitors abide by all of the
rules contained herein.
■ Clients are not allowed cars, motorcycles, or any other motorized form of transportation.
■ Clients are strictly prohibited from attending Saturday 9:30 a.m. NA Beach meetings.
■ Clients are strictly prohibited from attending Sunday 9:30 a.m. AA Beach meetings.
3419 Via Lido #310 Newport Beach, California 92663
Ph. (949) 723-2388, (800) 641-2388 Fax. (949) 723-1288
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