HomeMy WebLinkAboutMaterials Received at MeetingCITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
DATE: June 3, 2010
TO: Honorable Chairman
Planning Commissioners
FROM: Office of the City Attorney
Leonle Mulvihill, Assistan y torne
MATTER: Morningside Recovery Development
Agreement; L09 -0012
RE: Planning Commission Agenda Item #5
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We recommend the following changes to agenda item #5 (Zoning Implementation and
Public Benefit Agreement):
1. Page 2, F: Delete "or any of MORNINGSIDE's affiliates or both, as determined
by the context."
2. Page 7, K (3): Delete `or its AFFILIATES ".
..L71d
Attachment: Proposed Changes
cc: David Lepo, Planning Director
Patrick Alford, Planning Manager
ATTACHMENT
PROPOSED CHANGES
(June 3, 2010 Planning Commission - Agenda Item #5)
A. `BLOCK' shall mean an area that is bounded on all sides by streets.
In the Peninsula Zone, a BLOCK length is 617 feet, which is the calculable
median block length within the City of Newport Beach's Nonstandard Subdivision
Areas.
B. "CITY" shall mean the City of Newport Beach and its City Council.
C. "CLIENT" (or "CLIENTS ") shall mean any persons residing at any
MORNINGSIDE FACILITY for the purpose of recovering from drug and/or
alcohol abuse.
D. "CONTROL" (including the terms "controlling," "controlled by,"
and "under common control with,") shall mean the possession, direct or indirect,
of the power to direct or cause the direction of the management and policies of a
person, whether through the ownership of voting securities, by contract, or
otherwise.
E. "FACILITY" (or "FACILITIES ") is a residential unit used or
occupied by persons in recovery from alcoholism and/or drug abuse. Facilities
may be "licensed facilities" or unlicensed "sober living homes." As used in this
AGREEMENT, all facilities constitute "residential care facility" uses within the
context of the City's zoning ordinance.
D. "GENERAL PLAN" shall mean the 2006 General Plan adopted by
the City Council on July 25, 2006, by Resolution No. 2006 -76. The Land Use
Plan of the Land Use Element of the General Plan was approved by Newport
Beach voters in a general election on November 7, 2006.
E. "LICENSED FACILITIES" shall mean alcoholism and drug abuse
recovery facilities licensed by the California Department of Alcohol and Drug
Programs ( "ADP ").
F. "PARTY" or "PARTIES" shall mean either the CITY or
'MORNINGSIDE or atty &fflliates or both, as determined by
4L _ edftteA
G. "PROPERTY" or "PROPERTIES" shall mean MORNINGSIDE's
facilities at 112 39' Street, 4823 A River Avenue, 4823 B River Avenue, 5015 A
River Avenue, 5015 B River Avenue, and 29 Ima Loa Court in Newport Beach.
Additionally, this AGREEMENT may apply to parcels not yet identified upon
which MORNINGSIDE may operate facilities pursuant to this AGREEMENT in
the future.
Morningside Recovery, LLC Zoning Agreement
Exhibit "A" to Settlement Agreement
1193897 -7 2
entity regulating the operation of private property by the owner or lessee of the
property.
K. Effective Date. This ZONING AGREEMENT shall not become
effective, and except as set forth in subsection (1) of this Section, neither PARTY
shall have any rights or obligations hereunder, until the "Effective Date."
1.) This ZONING AGREEMENT shall become effective on:
a. The 91" day following the City Council of the City of
Newport Beach's passage of the ordinance approving this
ZONING AGREEMENT, or
b. If a referendum or other elective challenge to the ordinance
approving this ZONING AGREEMENT qualifies for the
ballot, then on the 31" day after the City Clerk of the City of
Newport Beach certifies that the referendum or other
elective challenge has failed to pass, or
c. If litigation is initiated to challenge this ZONING
AGREEMENT prior to the Effective Date established in
accordance with Section K (1) (a), and (b), above, then on
the 31" day after the litigation has terminated, or the time
for appeal has expired, and the legal challenge has been
unsuccessful.
2.) The term of this ZONING AGREEMENT shall commence on
the Effective Date and shall expire at the conclusion of the 25th
year thereafter. However in no event shall the term of this
ZONING AGREEMENT exceed thirty (30) years after its
execution.
3.) Stay of Ordinance 2008 -5 Pending Effective Date. Prior to the
effective date of the ordinance adopting this ZONING
AGREEMENT, or that date upon which it becomes clear that
there will be no Effective Date, whichever is later, the CITY
shall not otherwise enforce the provisions of Ordinance 2008 -5
against MORNINGSIDE or its " °"'T ` kTE8-
L. Amendment or Cancellation of the Zonina Aareement. Other than
modifications of this ZONING AGREEMENT under section I subsection (3) of
this ZONING AGREEMENT, this ZONING AGREEMENT may be amended or
Morningside Recovery, LLC Zoning Agreement
Exhibit "A" to Settlement Agreement
1193897 -7 7
Colifornia Fiealth And Safety Code O 11834.25. lutp: / /unilegal.conJCodeJsCase .asp ?fi lename --RINE WDATAICAISTATI...
California Health And Safety Code A 11834.25.
CALIFORNIA CODES
CALIFORNIA HEALTH AND SAFETI' CODE
Division 10.5. STATE DEPARTATEW OF ALCOHOL AND DRUG PROGRAMS
Pail 2. STATE GOVERNMENTS ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE
USE OF ALCOHOLIC BEVERAGES AND OTIIER DRUG USE
Chapter7.5. LICENSING
Article 2. Local Regulation
Current through 2010
§ 11834.25.
For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January I, 1979, an
alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall be considered a residential use
of property and a use of property by a single family, notwithstanding tiny disclaimers to the contrary.
I of I 6/3/2010 1:24 PA4
I �•
Wh= Recorded pail-to:
2
8Ca0AOm AT RlYUEST O►
Robert E. Granc Corporation
4C.7732 O
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1665 South Brookhurst St.
IN QMCIAL RECaR03
-
P. 0. Box 2067
NOT COUNTY. CALIF.
1972
Anaheim, California 92804
SEP 28
wO
DECLARATION OF
LNPUE CA1LLTlL Iawtr,ltea(f1z
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a_
COOEHANTS.'CONDITIONS
AND RESTRICTIONS
C7)
NEWPORT CREST
W
HOMEOWNERS ASSOCIATION
THIS DECLARATION is made this 27th day of September,
1972, by Robert H. Grant Corporation, a California:oorporation
( "Declarant ").
R E C I T A L S:
A. Declarant owns certain real property located in
the City of Newport Beach, County of Orange, State of California, de-
scribed as follows:
Lot 1 of Tract Ro. 7852, as shown
on Nap recorded in Book 302,
Pages 7 through 9, inclusive,
of Miscellaneous Maps in the-Office
of the Orange County Recorder.
Such real property shall be referzed to herein as
the "Property"
H. Declarant has improved or intends to improve the
Property by constructing thereon multifamily structures containing
140 residential Baits as hereinafter defined and common
recreational facilities.
C. Declarant desires to divide the Property ane im-
provements thereon into a condominium project as defined in
Sections 783 and 1350 of the California Civil Code in accordance
with the recorded condominium plan for the •Project" as hereinafter
defined.
D. Declarant also intends to impose upon the Property,
the Project, as hereinafter defined, and the Units, as hereinafter
defined, mutually beneficial restrictions under a general plan or