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Home My WebLink AboutPA2008-112_207 28TH ST-GROUP HOMES1111111111111111111111111111111111111111111111 *NEW FILE* PA2oos-112 NEWPORT BEACH FIRE DEPARTMENT P.O. Bale 1'76B, 3300 NEWPORT Bwo., NEWPORT BEACH, CA 92656-891$ STEVE LEw18, FIRE CHIEF ,Time 6, 2008 The Kramer Center, 3388 Via Lido 5"' Floor Newport Beach, CA 92663 RE: Fire and Life Safety Clearance - 207 28t" Street Dear Mr. Kramer: Earlier this year, I sent you a letter advising you of a recent code interpretation by the State Fire Marshal and briefly explained how the interpretation might affect group residential facilities with more than 6 clients in one building. The interpretation does not consider whether the single building houses two ormore dwelling units housing 6 or fewer clients in each dwelling unit — indeed, like a fire might, it considers only the fact that more than 6 clients reside in one structure. At the conclusion of the letter, I asked you to provide me with a comprehensive code analysis for each of the facilities you own or manage by a qualified architect prior to my office's inspection and anticipated issuance of "fire clearance" for license renewal or Use Permit purposes. To date, I have not received an analysis for your facilities. Please be advised that I will need to review your code analysis and a plan for corrections, if necessary, prior to the issuance of the "Fire Clearance" that is a part of your Use Permit application and part of your ADP application (if you are seeking a new or extended ADP license). The analysis should examine the impact of the State Fire Marshal's interpretations and all newly adopted regulations for group homes with more than 6 clients in a building. The completed analysis should be submitted to my office at the Newport Beach Fire Department as soon as possible. In order to assist you and your architect with the code analysis, we have posted a list of applicable Building and Fire Code provisions relative to the Group R4 Occupancy Classification (Group homes, licensed or unlicensed, providing treatment andlor recovery for more than 6 clients in a building) on our web page: www.city.newl)ort-beach.ca.tis/FMD/default,hint SAFETY SERVICE PROFESSIONALISM The list may not include every provision applicable to your situation which is why we encourage you to obtain the assistance of a qualified architect. Please call me if you have any questions about this matter or if I may be of any further assistance. I look forward to working with you in our continuing effort to protect the life and safety of the residents of our community. Sincerely, SteverBunting Fire Marshal January 30, 2008 RE: Fire and Life Safety Clearance Dear Mr. : Recently, the office of the California State Fire Marshal issued a code interpretation that may impact the use of your facility as a group home for more than 6 people. The interpretation clarifies an interpretation that was issued by the State Fire Marshal in June of 2002 (SFM # 02-014). Both interpretations are attached. The 2002 and 2007 State Fire Marshal interpretations states that a group home use by more than 6 residents required compliance with construction requirements for the former Building Code "Group Rl", which included apartment buildings and hotels. For Group R1 occupancies, openings in exterior walls within five feet (5') of the property line were prohibited. We are uncertain at this time if the State Fire Marshal interpretations, which apply to the version of the Building Code in effect during much of the period when your group occupancy has been in operation, will affect your building and its use. We have discussed this matter with our City Attorney and with others, and advise you that, at a minimum, it has caused us to re-evaluate City actions relating to the existing use. Notwithstanding that, the current California Building Code, which took effect in Newport Beach on January 1", 2008, contains new provisions for the group home uses which may allow you to have an operation that complies with current codes. It also contains several newly adopted regulations for group homes with more than 6 residents. Because the California Department of Alcohol and Drug Programs (ADP) requires you to seek "Fire Clearance" from me as Newport Beach's Fire Marshal, I may be unable to provide clearance without having a comprehensive code analysis by a qualified architect in -hand as I complete my review of each facility. As such, I strongly encourage you to seek this comprehensive code analysis by a qualified architect prior to your next licensing renewal. The analysis should examine the impact of the State Fire Marshal's interpretations and all newly adopted regulations for group homes with more than6 residents in a building. The completed analysis should be submitted to my office at the Newport Beach Fire Department prior to your next licensing renewal. Please call me if you have any questions about this matter or if I may be of any Rirther assistance. Sincerely, Steve Bunting Fire Marshal Attachments Brown, Janet From: Bunting, Steve Sent: Friday, April 24, 2009 4:19 PM To: Brown, Janet Subject: RE: R4 Code Requirements Since they were existing, we will allow them to use either the 2001 or the 2007 building code. However, we will not allow them to pick and choose from each code; they must select one or the other and then comply with all of the provisions of that code. From: Brown, Janet Sent: Friday, April 24, 2009 4:00 PM To: Bunting, Steve Subject: R4 Code Requirements Hi Steve, Here's the excerpt I would like you to look and let me know if it is correctlaccurate: Under the provisions of the California State Building Code a+el Pre Bede the facility is classified as an R-4 Occupancy. This occupancy group includes buildings arranged for social rehabilitation, including alcoholism or drug abuse recovery or treatment for seven (7) or more clients. detemnii atiea there. The facility houses up to eight (8) resident clients and one (1) resident manager within two units that comprise the entire un-separated building. As such, the building would have to further comply with building and fire code requirements found in either the 2001 or 2007 California Building Code. These include, but are not limited to, vertical and horizontal fire separation walls, fire suppression systems, alarm and detection systems, and unprotected window openings. A complete assessment of the buildings has not been undertaken. However, staff believes these code requirements could significantly alter the building as well as potentially change the look from a typical residential use to commercial. This could have a significant impact on the adjacent and surrounding residential properties and encourage change of land uses. Edit away as needed. Thank you! Janet Johnson Brown Associate Planner City of Newport Beach (949) 644-3236 ibrown(cDcity. newport-beach. ca. us Phone (7M) 703-2e40 FAX (714) 703-2868 TO: r(& State of Carfortiz Department of Social Services Community Care Licensing Division Orange County Residential Offrce 770 The City Drive, Suite 7900 Orange, CA 92868 Date ( 2,1,131OF FAX COVER SHEET FAX.# �q ' 3) / FROM. SUBJECT IC YAm ¢-K MESSAGE, ty�Grc:l Or- Zoo'hlr� ` �e �.� '19JF G t iv,e GG% lvij rrreef�' b-cen l �r � �*f ✓ wT 'd o 1 i� ��'I( yLaEc,�a��D�e rrne R a 4 j 4►Y"!C ; 44^^ t, at) f j 'Ar, 1JA, c,e "K GP',tr04).; �,`N ae plumber of Pages (Including cover sheet):` CAU110N The lnformadon contained in this r'Ax maybe cONFIDEN7iAL and Is intandod only fOrthO addressee named above, ff you have received this FAY'inenor piease call the number above and destfoythe dooument(a). Disseminatlon, distrfbufion or coping ofthis communication is prohlbded. Thank Yov R'1ATEOF MVFORMa• HM.TH AND MWN SERNCEg ACL4C • CnuFOgHIM1DEFARTMeMDF30CIAL DErmcea APPLICATION FOR A COMMUNITY CARE FACILITY OR RESIDENTIAL CARE FACILITY FOR THE ELDERLY LICENSE fSee InsVudlons on rtextpRge) FOR DEPARTMENT iJ6E ONLY REPLY TO; \ 3 ° Dmmrcr..—/ry y-Z Z / /f CWNIIi t—•" --FNAGry NM1DEFD_3 D/O o 0.1K7D —.I�=D (6 aciaNTm� N TJ:1'�MEo BY. _ _ _. wsk1w.vca. �%fl- 11i 60 FILED V. V1 D. .PROF{TCORP r I E COUNTY ❑ ADULTRESIDENTML ❑ SOCIALREHW=noN 0I^7 RWDeMAI.FAGNTULgOEFLY ❑ FOMRFMOLYAGENCY RE.gDEN11ALFACIUTY.CHROMCALLYILL U ADOPRONADENCT rIr.J AFAVDAYRROGMMC ❑ �ptACEN�EI�PFo RA 1G _ l—I�r-IOtmUPNCMF. 0 ec1ALLFAMILYNOa4: ❑ Mt mn(SPECIFY) 14. 0 o m LV'A. INITIAL APPLICATION B, CHANGE OP CAPACITY ❑ C. CHANGE_ OF LOCAITON .` tD. 7MI.MOUESTED OVY0tY F. OTHER 0. CHANGE OF FACILITY TYPE E. CHANGE OF AMEVNON.AMB CTATUG R CHANGE WITHIN CORPORATION G. OTHER (G)edry) TOh ' NLM03E R OF RONAMOIAAtORY OFANYI ut MuN W*M INDEPENDEMLYTjmsgR Y(JJ ANDYMREMIDOM(IRA" ❑ RENT ❑ OTHER(.4RClFYI�___ --.,__. DmEconsTRuaroNTpD mn _^,, 0 Y(_s No rAWUlYHAURANDM{A10ER -•. u0E{LMNgaO64CYNMIE A. `.. n P119N0 ❑ PRIME NNMDERcF INFANTS (AGMQ TIIROUCH21 CHILCREN O & �� RE9DAND U({OFRSTAM77NEST1ITIRL^AND REQWAr/pNS y}RCI{ppl7pP{n7A{yJpURLM,t715CVQCAtEG1TRYPRl0R7CTNE{bSUANCEOR RLT'ETYA[Or-MY/DUR G{M£SHAILENSIME77{ATALLPbRbGNS3L9JEciroF7NQERPRrNTRLY]WRER{EN75sNALL HAv6,lDEMRTM6{i'oFJu57fCECLFi1RN{CEORACRIMMN.RECORDEXEMP7IQN PRAMOPtPAt,Wagi{TRESIDEmpnw sacPRCANas A'TNeFN IryASRECUMM D IF4WROA1;RAfF,'AFA0.CRYWMCRPAOVltlE9 CAREM'D SUPERVISYDN70CHRDRLT'L YWEbWALLEA9IMETH4TACN2DA6T13EMDFXCIiEdCFORMFVREACNFERSONSUB.IE @, fM1VE8141�Lf.PNOTIFY MpAPENCYADF{EDN LYaPER$OM1L S[ISJECriO FJERLAN ISCONVICTEQQpCR1AIE VALGRIN/MQREWIRFMLMSAALOYMENL f, 14%ESHALLODMAPPROPM4fT IEki L(CENINGAGMiCVPMORTOffAK ANYCHANaE($)MArAFFECTTHE7LI 149 OWCTIICEN9E. It IAA OVENSTANDTNATAVHAVETHERr&RTTOAPPEALANYOECr,SICNREQMDMG7IMDISPDS[nWopTHI$AFPiJCAION. �O, kNp �{AlDERPLTWLTYQPPERRW!•TNATTNESIATERIEkISgYT}{/SAPPLICATR]NANOONTNEACCDAIFWNyNGATDlCHM11FMDARGCDRRECTTDTNEBESTOFAK/ODR 21. IAVCAdIIARRAUTNCM7Ig7)T0516NTH�FMPt.CA'ttl�Neavaruu rnvtvr unven nem r...„ ,TNLE CCL-7 v p CONHTYWHEREEIOIEP„� mm4I�ly _TITLE COUNTYWHEREDIDIIEo_ _ _ .�_�3_—_..� 617E I0/4)OCn-- STATE OF CALIFORNIA • HEALTH AND HUMAN SERVICESAGENCY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES COMMUNITY CARE LICENSING OVASION COMPLAINT INVESTIGATION REPORT Ge,ngeCOL. T70The City onve,Suite ?109 0=09, CA 0200E This is an oftictal report of an unannounced visiMnvestigatlon of a complaint received in our office on 12/18/2006 and conducted by Evaluator Sherri A. Cummings PUBLIC COMPLAINT CONTROL NUMBER: -CR 20061218163252 FACILITY NAME: Unlicensed FACILITY NUMBER: Unlicensed ADMINISTRATOR: FACILITY TYPE: UNLIC ADDRESS: 207 28th Street TELEPHONE: CITY: Newport Beach STATE: ZIP CODE; CAPACITY: 0 CENSUS:5 DATE: 12/27/2006 TIME BEGAN: 10.15 AM MET WITH: Michelle Brener TIME, COMPLETED: 01:30 PM 1 2 3 4 5 6 7 8 9' Code 4- Unlicensed Care 1 Licensing Program Analysts Sherri Cummings, Michael Valentine conducted a complaint visit for the above 2 allegation inconjunction with Diane Plaza with the Department of Alcohol and Drug Programs. It was confirmed 3 by Todd Kramer, President and Michelle Brenner, Executive Vice President that they are providing food, 4 shelter and 24 hour care and supervision for up to 5 clients since December 12, 2006. Otherservices such as 6 counseling and tutoring are conducted at their office located at 3300 Via Lldo- 5th Floor, Newport Beach, 6 92863. This allegation Is substantiated. A Notice of Operation In Violation of Law was issued on this date, 7 There is currently a pending group home application for this address, however the application is still pending 8 and therefore the Applicant shall cease operating licensed within 48 hours and the clients will need to be 9 relocated, LPA obtained the emergency contact information for each client .Exit Interview conducted, 11 12 Substantiated Estimated Days of Completion: SUPERVISOR'S NAME: Kathleen Casey LICENSING EVALUATOR NAME: Sherri A. Cummings LICENSING EVALUATOR SIGNATURE: my FACILITY REPRESENTATIVE SIGNATURE: as TELEPHONE: (714) 703.2840 TELEPHONE; (714) 703.2738 DATE: 12127/2006 DATE:12127/2006 This report must be available at Child Care and Group Home facilities for public review for 3 years. �r3 KRAM]ER CENTER AT NEWPORT BEACH November 21, 2008 Janet Johnson City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92660 949-644-3200 RE: KRAMER CENTER AT NEWPORT BEACH USE PERMIT, 207 28TH ST Dear Ms. Johnson, �V'% IVED BY PLANNINGEDEPARTMENT NOV 212000 CITY OF NEWP®RT.OFACp Per our meeting with the contracted planner on October 31, 2008, I am enclosing a revised site plan including parking and the clarification of the nature of use of the facility. I am also enclosing a replacement check for #3729 which was sent to the City of September 19, 2008 but was never received. The new check number is #3799. I spoke with Dave Kiff last week and we have a scheduled hearing on December 10, 2008 at 4pm in the city council office. I explained to him that all paperwork should be finished except for the code analysis in which we have to hire an architect to do. If you have any referrals for this it would be much appreciated. Please contact me directly at 949-309-9598 with any questions that you may have. Berner Administrator oll free 800.841.2440 w ..kmmercenteecomi--;P,-STREET NP.WPORTBEACHCA9266o KMFR'-C.� `TER AT NEWPORT BEACH Activities Onsite/offsite The building at 207 28`h St. is utilized as a living environment. Clients do not receive treatment, counseling, or medical treatment at this facility. The only activities that occur onsite is those of a regular home. Eating, sleeping, showering, laundry, watching television, etc. All other structured activities that are reflected on the schedule are done offsite. Schedule at Facility There are no more than 2 clients per room with no more than six people per floor. Clients wake up at lam, eat breakfast and clean up. They are transported in the company van to the Via Lido Building at 9am everyday, Monday through Friday. They then return to the facility at 12:30 for lunch. They then leave at approximately 1:30 in the company van to go to an outside recreational activity. They return at approximately 4pm for dinner. They leave at approximately 6:30 for an outside meeting also transported in a company van and return home at about 8pm. Bedtime is 11:00pm. TransportationNisitors Clients are not allowed to bring their own vehicles to the facility. Anytime that a visitor comes to see a client they are not allowed to be at the facility. They always must have visits at the 3388 Via Lido location or offsite. Bicycles are not permitted either. They is no mail or deliveries at this facility as all mail and packages are delivered to the Via Lido Building. The only time that a delivery is made onsite is in the early morning by the chef. Anytime that the client is required to be transported offsite it is done in company vehicle. They are two parking spots available in the garage and one behind the garage. Parking is available on all streets within walking distance of the facility. Staffing The staffing is as follows: All Knights from 9pm-9am: 1 staff member for upstairs and downstairs Monday — Friday 8am — 5pm there are two staff members for upstairs and downstairs Monday — Friday 5pm-9m: 1 staff member for upstairs and downstairs Saturday 9am — 9pm: 2 staff members for upstairs and downstairs Sunday 9am — 9pm: 1 staff member for upstairs and downstairs phone 949.86r.4398 fax 949.86t.446o toll free 800.841.2440 www.imamercenter.com500x BIRCH STREET. NEWPORT BEACH CA 9266o KRAMER CENTER AT NEWPORT BEACH 3388 VIA LIDO PH: 949-566-0091 NEWPORT BEACH, CA 92663 Bankof America 1b&419.Cmk Rd 'I Alive Viejo CA FORsas.as7. DATE 1 ,' o 0 7� Todd K. Kramer II.0034991i• :L22000664•k,42El21Ii• 3799 Date: \ 11Z l l t CITY OF NEWPORT BEACH PLANNING DEPARTMENT P.O.BOX 1768, NEWPORT BEACH, CA 92658 (949)644-3200 FEE RECEIPT Check No.: � �� Received by: � vlsYr 3 A iIL -1 nn &-a Lct r Z- -z u"'' S� . Received from I Job Address Zoning Plan Check................................................................2700-5003 $ Overtime Plan Check.............................................................2700-5003 $ Park Dedication Fee ......................................... u\j Planning Activity Deposit 2. . sS.F �w„. �!'?24-.....029- 2.Z�} Planning Activity Fees............................................................2700-5000 Records Management Fee (# of sheets )............... Sale of Maps & Publications (Planning).................................2700-5812 $ Sale of GIS maps...................................................................0630-5810 $ u� Other(Specify)....................................................................... $ uv TOTAL FEES $ Fee Receipt No. Ps'iqq it® NOV 2 12008 F:\Users\PLN\Shared\TMPLTS\FEERCPT.doc CITY OF NEWPORT BEACH aEWP°R' CITY OF NEWPORT BEACH m ADMINISTRATIVE SERVICES CASH RECEIPT G z' 3300 NEWPORT BLVD.. P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 �C/FO M1N RECEIPT NUMBER: 01000091560 RECEIVED BY: PERRYI PAYOR: KRAMER CENTER AT NE TODAY'S DATE: 11/21/08 REGISTER DATE: 11/24/08 TIME: 16:23:29 02929249 249 PLANNING 207 A&B 28TH STREET _________$2,200_00 TOTAL DUE: $2,200,00 CASH PAID CHECK PAID CHECK NO TENDERED CHANGE $.00 $2,200.00 3799 $2,200.00 $.00 —04-21-109 12:29 FAOM- T-901 P002/004 Coomy, 1. oouw, GAGE, DUFFY & WOOG A Professional Corporation DaMd A. Oooksey Orion A. Van Monier Attorneys at Law Paul K Hoffman RoheltL. Toolon Richard V. suck 535 Anton Boulevard, Tenth Floor AlakarMerT. Wineeera IOm P. Gaga Pamela G. Lacey Costa Mesa, California 92826-1971 Mallhow R, PaN PebickJ.Duffy Byron J.BEIV Telephone (714)431-1100 SaraliK.Galalsls Philip M. Wang Lawrence H. Miller Faosimile (714) 431-1119 John H. Kim Griffith H. Hayes- Leroy e. einspahr Svaene Chan Theresa H. Lazodsak Nevada Office: Andrew R, Muehibawr" Thomas R. Kroasche o RandallP.Mroczynaki Steven E. Ernest WilsonE.Yurek 3930 Howard Hughes Way, Suite 200 fhe" Trecoe L. DuN MaryE.Canty Las Vegas, Nevada 89169 4isa 4. Casleganal Telephone: (702) 949.3100 Fax: (702) 949.3104 Van Lisertad In Navada wAlso licensed in Oregon -'Licansed in Nevada only Licensed In Na�eda and Ohio ,Rinsed in Navade and Oklahoma 0 Also Uceneed in Tons and Utah Via Facsimile A U.S. Mail (949) 644-3229 City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, California 92658-8915 ,April 21, 2009 Via Facsimile & U.S. Mail (949) 644-3139 Catherine Wolcott City of Newport Beach Office of the City Attorney 3300 NewportBoulevard Newport Beach, CA 92658-8915 Ann C. Richard* Marisa A. 13=14 JonniforK Wana Jahn F. Pattanw Mane G. Tate* Shell K. fill Garrett V. Jensen Suzette P. Ang" Chnsfopher J. Langley JdseAh G. Celli Konrad Pilatowicz^ RE: The Kramer Center at Newport Beach Supplement to Request for Reasonable Accommodation Dear Ladies and Gentlemen: Please accept this letter as another Supplement to the Request for Reasonable Accommodation by The Kramer Center atNewport Beach (hereinafter referred to as "Kramer"). For the record, I am enclosing a copy of the staffing sheet, which identifies those employees and professionals who are involved with the operations of Kramer, I am also willing to personally and actively monitor the activities of Kramer, so as to be in compliance with all local and state regulations, as well as acting as a liaison between the City and Kramer. I would also be willing to notify the City if I am removed as the attorney for Kramer. To the best of our knowledge, only one client may have purchased an alcoholic beverage in the vicinity of the residence. Therefore, the physical proximity of alcoholic beverages does not appear to be a major factor in treatment of the clients. 3.2332 452436.1 •04-21-'09 12:29 FROM - T-901 P003/004 F-157 April 21, 2009 Page 2 Thank you for your consideration in this matter. Very truly yours, COOK -SHY, TOOLEN, GAGL, DTJf Y &'WOOL 1DRC:ab Enclosure cc: Ms. Michel 32332 452436.1 I.' ,•04-21-'09 12:29 FROM- T-901 P004/004 F-157 Apr 07 2008 10:38AM HP LRSERJET FAX 9495669190 p.4 Individual Client Staffing Sheet Client: DOB: Admitted: ID: Staff _PaSftLQn_ Name Program Administrator Michelle Bomar Modioal Director Jason Kellogg M.D. Medical Assistant Lisa Bain Cilnlcal Director Mary Pat Kelly Ph.D. Program Supervisor use Bain Counseling Staff ClorkTaylor CADACC•RRW Primary Counselor Clark Taylor CADACC•RRW Aotivities Staff Shawns Ward Margaret Boindino Rich Wllllams House Manager Shawne Word Assistant House Manager Rich Willlems Food Setvioes David Coplin -Household Staff/ Overnight Maurice soles Household Staff/ Overnight Greg Souder Transportation and Safety Shawn* ward Margaret Boindino Lisa Bain Rich Williams -'04-21-'09 12:29 FBOM- T-901 P001/004 F-157 COOKSEY, TOOLEN, GAGE, DUFFY & WOOG A Professional Corporation Attorneys at Law 535 Anton Boulevard, Tenth Floor Costa Mesa, California 926264977 Telephone (714) 4311100 Facsimile (714) 431.1119 DATE: April 21,2009 RECIPIENT Branch Office: Las Vegas, Nevada FOR IMMEDIATE DELIVERY City of Newport Beach, Planning Department FROM: David R. Cooksey, Esq. REFERENCE: The Kramer Center at Newport Beach PAGES (incl, cover sheet): 4 PHONE FAX NO. (949)644-3229 MESSAGE: Attached for your review, please find our 04/21/09 Supplement to Request for Reasonable Accommodation on behalf of The Kramer Center. OR ENTITY TO NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COWING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED T COMMUNICATION IN ERROR, PLEASE NOTIFY THE FAXSENDER ATTHE ABOVETELEPHONE NUMBER IF YOU 00 NOT RECEIVE ALL OF THE PAGES, PLEASE PHONE (714) 431.1100 AS SOON AS POSSIBLE. 3.0013M 367813.1 Is