HomeMy WebLinkAbout3.0_Sober Living By The Sea (SBTS) Zoning Agreement Termination_PA2008-199CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
December 21, 2023
Agenda Item No. 3
SUBJECT:
Termination of Development Agreement No. 2008-005 for Sober Living
by the Sea, Inc. dba Sierra by the Sea, Inc. Zoning and Public Benefit
Agreement
SITE LOCATION: Citywide
APPLICANT: Sober Living by the Sea, Inc. dba Sierra by the Sea, Inc.
PLANNER: Melinda Whelan, Assistant Planner
mwhlean@newportbeachca.gov 949-644-3221
PROJECT SUMMARY
Request to terminate Development Agreement 2008-005, a Zoning Implementation and
Public Benefit Agreement (Zoning Agreement) between the City of Newport Beach and
Sober Living by the Sea, Inc. dba Sierra by the Sea, Inc.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Existing Facilities of the CEQA Guidelines. 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; and
3)Adopt Resolution No. PC2023-044 recommending to the City Council to terminate
Development Agreement No. 2008-005, Zoning Implementation and Public Benefit
Agreement (PA2008-199) (Attachment No. PC 1).
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SBTS Zoning Agreement Termination (PA2008-199)
Planning Commission, December 21, 2023
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DISCUSSION
Background
Sober Living by the Sea, dba Sierra by the Sea, Inc (SLBTS) entered into the Zoning
Agreement with the City in 2009. The Zoning Agreement (Attachment No. PC 2)
authorized the operation of residential care facilities in the City subject to specific
limitations. Limitations included a maximum of 204 beds (including in locations not subject
to City regulation under State law), dispersal of facilities to reduce concentration in
residential neighborhoods, and the placement of operational controls on each facility to
reduce negative impacts. Since 2009, the Operator has been subject to annual reviews
pursuant to the Zoning Agreement to demonstrate a good faith effort in meeting all of the
terms or conditions of the Agreement.
More specifically, the Zoning Agreement allowed SLBTS a vested right to: (i) operate 156
beds of recovery facilities within the area they are currently operating, and as more
particularly defined in Exhibit D of the Zoning Agreement (Peninsula Zone); and (ii) up to
an additional 48 beds outside of the Peninsula Zone and within zones accommodating
multi-family residential uses. The Zoning Agreement also memorialized allowed uses and
conditions agreed to by SLBTS on August 25, 2006, regarding its administrative offices
at 2811 Villa Way (Exhibit C of the Zoning Agreement. The beds are allowed to be
occupied in the City at any time by persons who are patients, clients or customers of
SLBTS, whether contained within Licensed Facilities, General (seven or more) or Small
(six or fewer), or Unlicensed sober living homes. The Zoning Agreement included location
requirements to minimize over concentration and minimum distances to schools and
parks. It also regulated operational details such as smoking, parking, deliveries, medical
waste, etc. to mitigate the potential impacts to the surrounding neighborhoods.
Request for Termination
The Operator, Sober Living by the Sea, Inc. DBA Sierra by the Sea, Inc. has requested
to terminate the existing Zoning Agreement. During the last annual review conducted in
October 2023, it was brought to the City’s attention that the Operator has made the
decision to close all of their facilities in Newport Beach effective December 10, 2023. The
Operator explained that the recovery care model had evolved to re-focus treatment from
smaller residential facilities into larger hospital-type facilities in other areas of the United
States. Pursuant to Section 12 of the Zoning Agreement, the Zoning Agreement may be
amended or cancelled in whole or in part only by mutual written and executed consent of
the Parties in compliance with California Government Code Section 65868 and City of
Newport Beach Municipal Code 15.45.070.
Although the Operator chose to only use 43 of the 204 permitted beds for the past eight
years, by cancelling the agreement, the vested right for Sober Living to operate the
potential total 204 beds will fully terminate. Should the Operator choose to re-establish
operations in the City, any future facility would be subject to the current Zoning Code
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SBTS Zoning Agreement Termination (PA2008-199)
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regulations applicable to Residential Care Facilities within Newport Beach Municipal
Code (NBMC) Section 20.18.020 Table 2-1 and Section 20.48.170. In summary, small
licensed residential care facilities (6 beds or less) are permitted by right, pursuant to State
law, within all residential zones; large, licensed facilities (seven beds or more) and any
unlicensed facilities would be prohibited in single-unit and two-unit residential zoning
districts and permitted only in multi-unit residential zoning districts subject to the approval
of a conditional use permit.
Environmental Review
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (existing Facilities) 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. Class 1 consists of the operation, repair, maintenance, permitting,
leasing, licensing, or minor alterations of existing structures and facilities involving negligible
or no expansion of the exiting or former use. The termination of the Zoning Agreement will
eliminate the Operator’s right to utilize the existing residential dwellings as residential care
facilities, and the associated offices. The residential dwellings and offices will remain;
therefore, the termination does not involve an expansion of use and qualifies under Class 1
(Existing Facilities).
This action is also covered by the general rule that the California Environmental Quality
Act (CEQA) applies only to projects that have the potential for causing a significant effect
on the environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen
with certainty that there is no possibility that this activity will have a significant effect on
the environment. Therefore, this activity is not subject to CEQA.
Public Notice
Notice of this hearing was published in the Daily Pilot, and in lieu of mailings that would
exceed 1,000 the Director chose to publish a one-eighth page display advertisement; and
posted on the subject property at least 10 days before the scheduled meeting, consistent
with the provisions of the Municipal Code. Additionally, the item appeared on the agenda
for this meeting, which was posted at City Hall and on the city website.
Prepared by: Submitted by:
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ATTACHMENTS
PC 1 Draft Resolution
PC 2 Zoning and Public Benefit Agreement
PC 3 Written Request from Operator
01/18/23
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Attachment No. PC 1
Draft Resolution
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RESOLUTION NO. PC2023-044
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA RECOMMENDING TO THE
CITY COUNCIL TERMINATION OF ZONING AGREEMENT NO.
2008-005 (ZONING IMPLMENTATION AND PUBLIC BENEFIT
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND
SOBER LIVING BY THE SEA, INC.) (PA2008-199)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On February 10, 2009, the City Council adopted Ordinance No. 2009-4, authorizing a
Zoning Implementation and Public Benefit Agreement (Zoning Agreement) by and
between the City of Newport Beach (City) and Sober Living by the Sea, Inc., a California
corporation, that sets forth for the terms of Sober Living by the Sea’s operation within
the City.
2. Pursuant to Section 12 of the Zoning Agreement, the Zoning Agreement may be canceled
in whole or in part only by mutual written and executed consent of the parties in compliance
with California Government Code Section 65868 and the City of Newport Beach
Municipal Code Section 15.45.070.
3. On October 24, 2023, Sierra by the Sea submitted a formal request to terminate the Zoning
Agreement and requests the City and the Operator agree and acknowledge the Agreement
is cancelled.
4. A public hearing was held on December 21, 2023, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. A notice of the time, place, and purpose of the hearing
was given in accordance with California Government Code Section 54950 et seq. (Ralph
M. Brown Act), California Government Code Section 65867 and Chapter 15.45
(Development Agreements) of the Newport Beach Municipal Code (NBMC). Evidence,
both written and oral, was presented to and considered by, the Planning Commission at
this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Termination of the Zoning Agreement is not subject to the California Environmental Quality Act
(CEQA) because it is not a project as defined in Section 21065 of the Public Resources Code
since it would not result in a physical change to the environment. Additionally, termination of the
Zoning Agreement has been determined to be categorically exempt under the requirements of
the CEQA under Section 15301 under Class 1 (Existing Facilities). Class 1 consists of the
operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing
structures and facilities involving negligible or no expansion of the exiting or former use. The
termination of the Zoning Agreement will eliminate the Operator’s right to utilize the existing
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Planning Commission Resolution No. PC2023-044
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residential dwellings as residential care facilities, and the associated offices. The residential
dwellings and offices will remain; therefore, the termination does not involve an expansion of use
and qualifies under Class 1 (Existing Facilities). 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.
SECTION 3. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds the termination of
the Zoning Agreement is categorically exempt from the California Environmental Quality
Act under Section 15301 under Class 1 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.
2. The Planning Commission of the City of Newport Beach hereby recommends termination
of the Zoning Agreement to the City Council.
PASSED, APPROVED, AND ADOPTED THIS 21st DAY OF DECEMBER, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Curtis Ellmore, Chair
BY:_________________________
Tristan Harris, Secretary
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Attachment No. PC 2
Zoning and Public Benefit Agreement
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Attachment No. PC 3
Written Request from Operator
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