HomeMy WebLinkAboutSober Living by the Sea (PA2005-136) 2811 Villa WayCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
January 19, 2006
TO: PLANNING COMMISSION
FROM: Planning Department
Jaime Murillo, Associate Planner
imurilloAcity. newoort- beach.ca. us
(949) 644 -3209
SUBJECT: Sober Living by the Sea
Use Permit No. 2005 -031
Off -Site Parking Agreement No. 2005 -005
Modification Permit No. 2005 -133
2811 Villa Way (PA2006 -136)
APPLICANT: Carl and Barbara Mosen
RECOMMENDATION
Staff recommends that the Planning Commission approve Use Permit No. 2005 -031,
Off -Site Parking Agreement No. 2005 -005, and Modification Permit No. 2005 -133
subject to the findings and conditions of approval within the revised draft resolution for
project approval attached as Exhibit No. 1.
DISCUSSION
Background
This item was continued from the October 20, 2005 meeting at the request of the
applicant in an attempt to seek alternative parking solutions. Thirteen (13) off -site
parking spaces have successfully been secured for the sole use of the employees of
the facility on the undeveloped property located directly across the street. In addition to
the applicant's original Use Permit request for approval of the substance abuse
counseling center and associated parking waiver, approval of an Off -Site Parking
Agreement and a Modification Permit for two pairs of tandem parking is also being
requested at this time. The following report is intended to supplement the original
October 20, 2005 staff report and includes information pertaining to the additional
permit requests.
Additionally, this report provides information clarifying operational aspects of the use
and addresses several of the comments received on this project from members of the
community. The applicant has submitted a letter to address several of the concerns
raised by neighbors (Exhibit 2).
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Sober Living by the Sea (PA2005 -136)
January 19, 2006
Page 3
New Information
Parking
Parking Demand
Comments have been received that the original 55 space parking waiver request was
excessive and places a heavy burden on the already existing parking problem in the
Cannery Area. With the addition of the 13 space off -site parking lot, the waiver has
been reduced to 42 spaces. However, as explained in detail in the previous staff report,
the actual parking demand for the proposed use is substantially less than the
requirements of Section 20.66.030 of the Municipal Code due to the nature of the
facility serving as a substance abuse counseling center. As part of the program
requirements, and as a condition of approval, members are not permitted to drive
vehicles, but rather arrive at the facility by bicycle or are dropped off by vans operated
by Sober Living by the Sea. In addition, staff recommends prohibition of the out - patient
treatment program, a program which allows clients the flexibility to work, drive, and
accomplish recovery goals while residing outside of the residential care facilities as it
would increase parking demands.
The actual demand on parking results from the number of employees staffing the group
counseling meetings and the administrative office function of the facility. At worst case,
between 12 and 14 employees perform their work assignments at this facility at any one
given time, including visiting counselors. The 2 on -site parking spaces, in combination
with the proposed 13 space off -site parking lot across the street from the facility, should
sufficiently accommodate the staff.
Off- -Site Parking
The applicant has secured off-site parking on a portion of a parcel located directly
across the street at 2807 Lafayette Avenue (see Vicinity Map). The northerly portion of
the parcel consists of an existing non - conforming building, approximately 2,800 square
feet in area, used for manufacturing purposes. The southerly portion of the parcel is the
subject site to be used for the parking lot and has remained undeveloped since the
original use of the site as storage for the plating shop which once occupied the building
on the northerly portion of parcel. The current property owners have no intention or
desire of redeveloping the site and therefore have allowed the site to remain in its
current condition.
The conceptual parking plan prepared for the site will accommodate a total of 13
parking spaces, two pair of which will be in a tandem configuration (Exhibit 3). A
Modification Permit has been requested to allow two pair of commercial tandem parking
spaces (see Modification discussion). Ingress access to the parking lot will be taken
from Lafayette Avenue and egress will be off Villa Way. The applicant has worked with
Sober Living by the Sea (PA2005 -136)
January 19, 2006
Page 4
both the Building Department and Traffic Engineer in the design of the parking lot and it
meets applicable standards for design. Additionally, the site will be landscaped around
the perimeter of the parking lot, with an emphasis at the corner of the site at the
intersection of Lafayette Avenue and Villa Way. Not only will the addition of the parking
lot at this site contribute to in the Cannery Village area, the redevelopment of this site,
including the landscaping at the corner portion of the lot, will also improve the
aesthetics of the area.
The Building Department has conditioned the project to require a grading plan, grading
permit, and Water Quality Management Plan to ensure the site is properly developed
and designed to reduce runoff and erosion.
Off -Site Parking Agreement
The Planning Commission may approve off - street parking on a separate lot from the
project site, subject to the following requirements:
Such lot is so located as to be useful in connection with the proposed use or
uses on the site or sites.
The subject off -site parking lot is located at 2807 Lafayette Avenue, directly across the
street from the subject group meeting facility and will provide a total of 13 additional
spaces for the exclusive use of Sober Living by the Sea. The off -site parking lot is
located a walking distance of approximately 120 feet (worst case) away from the
subject facility. Based on the normal average walking speed of 4 feet per second as
suggested by the Manual on Uniform Traffic Control Devices, the parking lot is
approximately a walking distance of only 30 seconds away. Staff believes the parking
lot can be found useful in connection with the proposed use and that a 30 second walk
is an acceptable distance for employees to walk.
2. Parking on such lot will not create undue traffic hazards in the surrounding area.
The Sober Living by the Sea facility is not a heavy traffic generating operation, but
rather with its operational characteristics and staff of approximately 12 -14 employees
on -site at any given time, the use will be of little impact on the overall traffic in the
community. Employees of the facility currently park on- street within the area, and the
level of traffic has not been shown to be a significant problem. Additionally, the
proposed design of the parking lot has been reviewed by the City Traffic Engineer for
vehicular safety and to ensure that adequate site distance is provided.
3. Such lot and the site are in the same ownership, or the owners of the sites have
a common ownership in such lot, and the owner or owners are entitled to the
immediate possession and use thereof (ownership of the off-site lot must be
ownership in fee or a leasehold interest of a duration adequate to serve all
proposed uses on the site or sites).
Sober Living by the Sea (PA2005 -136)
January 19, 2006
Page 5
The applicant executed a lease contract with the property owner of the site on
December 14, 2005 to lease the site for a period of 3 years beginning on February 1,
2006, or upon completion of construction (whichever date comes later). The applicant
also maintains the right to automatically renew the lease for an additional 3 years at the
same terms and conditions. In addition, if the property owner ever decides to sell the
property, the applicant has the first right of refusal to purchase the property. The
contract provides the applicant all 13 parking spaces and requires the applicant to
improve, landscape, and maintain the property in a professional manner. Conditions of
approval will further ensure the property is adequately landscaped and maintained.
4. The owner or owners and the City, upon the approval of the Planning
Commission, shall execute a written instrument or instruments, approved as to
form and content by the City Attorney, providing for the maintenance of the
required off - street parking on such lot for the duration of the proposed use or
uses on the site or sites. Should a change in use or additional use be proposed,
the off - street parking regulations applicable at the time shall apply. Such
instruments shall be recorded in the office of the County Recorder and copies
thereof filed with the Planning Department.
Should the Planning Commission agree that the proposed off -site parking lot located at
2807 Lafayette Avenue is useful in connection with the proposed use and provide for a
duration adequate to serve the needs of the facility, the project will be conditioned to
execute an off -site parking agreement with the City, which shall be reviewed by the City
Attorney and recorded. A draft Off -Site Parking Agreement has been provided as
Exhibit 4. Should the applicant lose its right to use the off -site parking and alternative
means of off -site parking can not be provided, then the use permit shall expire and the
facility shall lose its rights to hold group meetings and serve as a substance abuse
counseling center unless a parking waiver is sought and approved by the City.
5. A fee as established by resolution of the City Council is deposited with the City
for the administrative costs of processing such requests for off - street parking on
a separate lot.
The applicant has paid the established fees necessary for the consideration of the off -
site parking agreement application.
Modification Permit for Tandem Parking
The Planning Commission may approve the request for a Modification Permit to allow
commercial tandem parking on the subject off - street parking lot, subject to the following
findings:
9. The granting of the application is necessary due to practical difficulties
associated with the property and that the strict application of the Zoning Code
Sober Living by the Sea (PA2005 -136)
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Page 6
results in physical hardships that are inconsistent with the purpose and intent of
the Zoning Code.
The site proposed for the off -site parking lot is small in size compared to other parking
lots in the vicinity, and given its unique triangular shape, maximizing the number of
spaces available will require the use of two pairs of tandem parking. Rectangular
shaped lots allow parking spaces to be efficiently designed on a site, however, the
triangular shape of this parcel does not allow for the full utilization of the site towards
the southerly peak of the property. Therefore, the request to allow the two pair of
tandem parking spaces situated within the southerly peak of the property will allow the
site to be utilized to the maximum extent possible and provide additional parking for the
project.
2. The requested modification will be compatible with the existing development in
the neighborhood.
The project is located within the Cannery Village Specific Plan, which is a mixed -use
community, consisting of primarily commercial uses with a lesser amount of residential
uses dispersed throughout. The request for tandem parking is compatible with the
existing development in the neighborhood because, due to the design constraints on a
majority of the smaller residential lots in the City, tandem parking is a permitted parking
configuration for residential uses. Additionally, the requested modification is compatible
because it facilitates more spaces in a neighborhood with periodic parking challenges.
3. The granting of such an application will not adversely affect the health or safety
of persons residing or working in the neighborhood of the property and will not
be detrimental to the general welfare or injurious to property or improvements in
the neighborhood.
The proposed parking lot has been designed to use the existing curb cuts on Villa Way
and Lafayette Avenue for ingress and egress through the parking lot and will not be
detrimental to the public right -of -way or improvements in the area. The City Traffic
Engineer has reviewed the parking lot plan for compliance with applicable standards
and vehicular safety. A standard condition is included that the final plan be reviewed by
the Traffic Engineer prior to implementation. The proposed parking lot development will
not be detrimental to persons residing or working in the neighborhood because there
are no residences directly abutting the site, but alternatively will significantly improve the
streetscape of the neighborhood with the landscaping proposed surrounding the off -site
parking lot and will furthermore eliminate the dust which exists with the current condition
of the site.
Out-Patient Services
Not previously disclosed by the applicant,
by the Sober Living by the Sea. The ou
abuse treatment clients the flexibility to
are court ordered outpatient services offered
patient treatment program allows substance
work and accomplish recovery goals while
Sober Living by the Sea (PA2005 -136)
January 19, 2006
Page 7
residing outside of the residential care facilities. These clients attend the evening group
meetings and therapy sessions at the subject facility from 6:30 pm to 8:00 pm, Monday
through Thursday. A concern that impacts staff's recommendation related to the
parking waiver is that these outpatient clients drive their own vehicles to the site. The
evening outpatient services are a small part of the Sober Living by the Sea operation
and the applicant has informed us that currently only 7 members are currently
participating in the outpatient program. Although this is a small number of clients,
should this outpatient service expand over time, a detrimental parking impact could
certainly develop in the area. Staff does not believe the City can adequately monitor
and enforce the number of clients in the outpatient program, and therefore suggests
that the Planning Commission prohibit this service.
Number of Residential Care Facilities
The previous staff report incorrectly stated that Sober Living by the Sea operates
approximately 20 alcohol and drug residential care facilities in the City. Sober Living by
the Sea currently operates a total of 17 residential care facilities in the City, with 14 of
these using the subject facility at 2811 Villa Way. Three of them however, do not
participate in any of the programs at the subject facility based upon differing needs of
the clients. With each residential care facility supporting 6 persons or less, there is a
potential for a maximum of 84 program participants at the 2811 Villa Way location,
however, on average the residences are close to 80% occupied due to the coming and
going of clients.
Sober Living by the Sea also leases 22 one and two bedroom apartments in the City,
which house 1 or 2 clients or staff members. Some of the clients living in these
apartments are associated with the Victorian House (a residential care facility for
women with eating disorders) and other programs not associated with the facility.
Currently, only 16 persons housed within the apartments participate in the Alternatives
Program, which is a monitored program that allows clients the opportunity to either go
to school or work during the day and participate in treatment through the evening
meetings at the 2811 Villa Way facility. The Alternatives Program differs from the Out -
Patient Program in that clients must live in one of the monitored apartments and they
are also not permitted to drive, but rather rely on the use of their bicycles or the vanpool
operation for transportation.
On -Site Bicycle Accommodation
Staff has conditioned the project to continue to provide loaner bicycles to each of its
members for the duration of their tenure and require permanently affixed bicycle racks
to be provided on -site to accommodate a minimum of 50 bicycles. Including members
from the residential care facilities and Alternative Program, there is currently a potential
for 100 program participants, however many of them maintain regular jobs or attend
school, thus visit the facility at varying times during the day. The applicant estimates
that there are generally no more than 30 clients on -site at any given time. Additionally,
Sober Living by the Sea (PA2005 -136)
January 19, 2006
Page 8
the applicant's vans typically transport between 3 and 15 clients a day to the facility.
Therefore, a 50 space bicycle rack should be sufficient to accommodate the demand
for bicycle parking.
Number of Ancillary Office Facilities
In addition to the primary administrative office functions performed at the subject site at
2811 Villa Way, the applicant maintains 5 other office facilities in the vicinity which are
permitted by right. They are only related to the overall operation of Sober Living by the
Sea because many of the support operations are performed within the offices, such as
accounting, administration, and sales. In the event that a staff member from one of
these office facilities visits the subject site, they generally do not drive, but rather walk
to the site as they are conveniently located within easy walking distance.
Community Concerns
Staff has received a substantial number of letters in support of the project (Exhibit 5), as
well and letters in opposition (Exhibit 6), from several members of the Cannery Village
community. Letters in favor of the project generally state that Sober Living by the Sea
have been good neighbors over the past 8 years and have not impacted the community
negatively in terms of their operation or parking. However, members of the community
in opposition to the project have organized a new petition and provided staff with the
following concerns and comments related to the following items:
Classification of Use
Comments have been received that the classification of a "social club" is not the
appropriate classification for the substance abuse counseling center, but rather shall be
classified as a "hospital" use which is not permitted with the Specific Plan area. Staff
realizes that the "club" classification does not fit the operation of Sober Living by the
Sea perfectly; however, the Newport Beach Municipal Code does not specifically
classify "Substance Abuse Counseling Centers" within the Use Classification Chapter.
The Code grants the Planning Director the authority to "...determine whether a specific
use shall be deemed to be within one or more use classifications or not within a
classification of this code ". After reviewing the various use classifications in the Code,
the Planning Director acknowledges that the operation has aspects of various
classifications (e.g. club, office and medical office), and based on the primary
operational characteristics of the project, the Planning Director determined that the use
is best categorized by the "Clubs" classification.
Clubs are defined as, "Meeting, recreational, or social facilities of a private or nonprofit
organization primarily for use by members and guests. This classification includes
union halls, social clubs and youth and senior centers ".
Staff believes this is the most appropriate classification in that the primary function of
the substance abuse counseling center is to serve as a meeting facility for its members,
Sober Living by the Sea (PA2005 -136)
January 19, 2006
Page 9
as well as provide for a setting in which its members can gather and socialize to
promote a sober living lifestyle. As stated in the previous staff report, the different types
of group meeting include: Education, Relapse Prevention Groups, Family Groups, Stress
Management, Anger Management, Life Skills, Group Therapy, Treatment Goals,
Individual and Conjoint Sessions, Aftercare, Alcoholics Anonymous, and Narcotics
Anonymous. Approximately 7 different group meetings occur at this facility on any given
weekday. Additionally, the club classification requires the most conservative number of
parking spaces based on the requirement of 1 space per 75 square feet of floor area
used for assembly purposes (57 space parking requirement). Additionally, this is the
same use classification used for the approval of the Newport Alano Club on 32nd Street,
an Alcoholics Anonymous meeting place.
A second use of the site is administrative office support for the various residential care
facilities operated by the applicant throughout the City. With the exception of the group
meetings occurring at the facility, the administrative office operations of the facility
would be considered a permitted use.
Comments address the medical aspects of Sober Living by the Sea's operation, and
state that the facility should be classified as a type of medical use, and not a club
facility. Three types of medical use classifications exist within the Code: Hospital,
Convalescent Facilities, and Medical Office. Hospital uses and convalescent facilities
are not permitted uses within the Cannery Village /McFadden Square Specific Plan
Area; however, medical offices are a permitted use by right. Staff has reviewed the
three types of medical use classifications and has determined that none of these
classifications adequately fit the operational characteristics of the facility for the
following reasons:
Hospitals are defined as, "facilities providing medical, surgical, psychiatric, or
emergency medical services to sick or injured persons, primarily on an inpatient basis.
This classification includes incidental facilities for out - patient treatment, as well as
training, research, and administrative services for patients and employees." The subject
facility does not provide for, nor is licensed as an in- patient medical facility, and
therefore the facility should not be classified as a hospital.
Convalescent Facilities are defined as, "Establishments providing care on a 24 -hour
basis for persons requiring regular medical attention, but excluding facilities providing
surgical or emergency services" The subject facility does not provide 24 -hour medical
care for its members within this facility, nor do its members require regular medical
attention, and therefore should not be classified as a convalescent facility.
Medical offices are defined as, "offices of firms or organizations providing
medical/dental services. This classification includes facilities for the diagnosis and
treatment of human patients and medical /dental laboratories incidental to the office
use ". The operation of Sober Living by the Sea does have many aspects of this
classification, however; staff does not feel comfortable classifying the facility as a
Sober Living by the Sea (PA2005 -136)
January 19, 2006
Page 10
medical office due to the group assembly aspect which is similar to a meeting facility or
a social club. However, should the Planning Commission believe the medical office
classification is appropriate, then the use would be permitted by right and a use permit
would not be required. Additionally, the facility would be permitted to continue as a non-
conforming use due to parking since the facility was established in 1998 prior to the
2005 Zoning Code amendment changing the medical parking standards.
Compliance with Specific Plan
Comments have been received stating that the proposed use is not consistent with
intent of the Cannery Village /McFadden Square Specific Plan Area because it is a
hospital type use and hospitals are not a permitted use within the Specific Plan.
However, as discussed in the previous section of this report, the use can not be
classified as a hospital use because it is not a licensed in- patient facility.
Employees
Comments have been received that the facility employs a staff of approximately 60
employees and that more than 6 employees work on -site at the facility at any given
time. In researching the facility, staff has learned that there are currently 72 employees
employed by the Sober Living by the Sea operation as a whole, however, that includes
their operations in Missouri and at Sunrise Ranch located at Lake Arrowhead. Only a
total of 7 full -time employees per shift actually perform their work assignments at the
2811 Villa Way location and a total of 16 employees total are assigned to the facility. As
employees come and go throughout the day (including employees from other sites, van
drivers, and visiting counselors), there may be a maximum of 12 -14 employees on -site
at any given time. And as previously stated, the parking demand for the facility is their
employees, and therefore the 14 spaces provided should be sufficient to accommodate
the use. The remaining employees perform their work assignments at the other office
locations, operate the vanpools, or work as caretakers at the various residential care
facilities in the City.
Parking Permits
Staff has researched comments received that the facility has 60 City parking permits
assigned to the facility, and therefore there is large demand on parking attributed to the
facility. Staff found that the facility does indeed have 60 City parking permits linked to
the 2811 Villa Way address, however, upon questioning the applicant, it was confirmed
that all the City accounts are linked to this subject address. As previously stated, a large
function of the facility is administrative offices for managing the various residential care
facilities and offices in the City. In order to easily manage the other facilities, all bills and
accounts from the City are linked to the 2811 Villa Way address. These 60 parking
permits have been distributed to the various employees that Sober Living by the Sea
employs, including the residential care facilities staff, senior staff, visiting counselors
and psychiatrists, and the company vans. However, of the total 60 parking permits, only
14 permits are distributed to the full -time staff at this facility.
Sober Living by the Sea (PA2005 -136)
January 19, 2006
Page 11
Van Operation
Comments have been received that the applicant's vans park overnight in the municipal
parking lots, thus impacting the parking availability in the Cannery Village during the
peak evening hours. To address this concern, and with the addition of the 13 off -site
parking lot, staff has conditioned the project to park the company's vans within the off -
site parking lot overnight when not in use.
The applicant owns a total of 5 vans, 3 of which are used regularly for transporting
between 3 and 15 residents a day to the subject facility. In addition, the vans are used
for picking up orders from market, drug store and other suppliers and deliver such
supplies to the various residential care facilities in the City. The other 2 vans are used
primarily for transporting clients to work, school, medical visits, fitness gyms, and other
locations as needed.
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 1 (Existing
Facilities) and Class 11 (Accessory Structures). There will be no significant environmental
impact as the proposed project is located in a fully developed area.
Public Notice
A revised notice of this hearing was published in the Daily Pilot, mailed to property
owners within 300 feet of the property and posted at the site a minimum of 10 days in
advance of this hearing consistent with the Municipal Code. Additionally, the item
appeared upon the agenda for this meeting, which was posted at City Hall and on the
city website.
Prepared by:
Jaime Murillo, Associate Planner
Sub itted by:
w
atricia L. Te ple, Planm g Director
Sober Living by the Sea (PA2005 -136)
January 19, 2006
Page 12
Exhibits
1. Draft Resolution No. ;findings and conditions of approval
2. Applicants Response Letter
3. Off -Site Parking Lot Plan
4. Draft Off -Site Parking Agreement
5. Letters of Support
6. Letters of Opposition
FAUsers\PLN \Shared\PNs \PAs - 2005\PA2005- 136\UP2005.031 paptcont.doc
EXHIBIT 1
Draft Resolution; findings and conditions
13
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. 2005 -031, OFF -
SITE PARKING AGREEMENT NO. 2005 -005, AND MODIFICATION
PERMIT NO. 2005 -133 FOR PROPERTY LOCATED AT 2811 VILLA
WAY AND 2807 LAFAYETTE AVENUE (PA2005 -136)
WHEREAS, an application was filed by Carl and Barbra Mosen with respect to
property located at 2811 Villa Way, and legally described as Parcel 1 of Resubdivision
No. 521, requesting approval of a Use Permit to allow the operation of a substance
abuse counseling center to facilitate the operation of individual and group counseling
sessions, a computer lab, offices and related activities, to serve the needs of residential
care facilities operated at various locations within the City. The application also requests a
waiver of 42 parking spaces associated with the use.
WHEREAS, an application was also filed by Carl and Barbra Mosen with respect
to property located at 2807 Lafayette Avenue, legally described as Lot 23 and 24 in
Block 325 of the Lancaster's Addition of Newport Beach, requesting approval of an Off-
Site Parking Agreement and Modification Permit to allow the construction and use of 13
parking spaces, two pair of which are in tandem configuration.
WHEREAS, a public hearing was held on January 19, 2006, in the City Hall
Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place and purpose of the aforesaid meeting was given. Evidence, both written and
oral, was presented to and considered by the Planning Commission at this meeting.
WHEREAS, the operation of the substance abuse counseling center, pursuant to
the conditions which it will be operated and maintained, is consistent the Retail &
Service Commercial & General Industry land use designation of the General Plan Land
Use Element which allows for a range of commercial and service related businesses
and the proposed use offers professional support services for the public.
WHEREAS, the substance abuse counseling center, with the conditions which it
will be operated and maintained, is in accord with the objectives of the Zoning Code and
the purpose of the SP-6 Zoning District (Cannery Village /McFadden Square Specific
Area Plan) because it offers professional support services for the public who are active
members of the community.
WHEREAS, the substance abuse counseling center, pursuant to the conditions
under which it will be operated and maintained, 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 for the following
reasons:
is
City of Newport Beach
Planning Commission Resolution No.
Pape 2 of 10
1. The counseling center has been operating in this location since 1998, and has
not proven to conflict with the surrounding uses or proven inconsistent with the
SP -6 District or regulations.
2. Surrounding land uses are dominated by commercial and industrial office uses.
3. The project design and operational characteristics, as conditioned, meets the
intent of the Zoning Code by facilitating the counseling center, while limiting its
potential impacts on the community.
4. The construction of the off - street parking lot will create more off - street parking
spaces to serve a use in a neighborhood with periodic parking challenges.
5. The hours of operation are conditioned to 6:30 AM to 10:00 PM, seven days a
week.
6. The project has been conditioned to prohibit its members from driving vehicles
and require each of its members to be supplied bicycles for transportation to the
facility, significantly reducing the demand for parking in the neighborhood and
reducing traffic related impacts.
WHEREAS, a Use Permit for the 42 space parking waiver has been prepared
and approved, in accordance with Section 20.66.100 (Modification or Waiver of Off -Site
Parking Requirements) of the Newport Beach Municipal Code, for the following reasons:
1. A municipal parking facility is conveniently located within a comfortable walking
distance of 285 feet to the project site, and this location is useful in connection
with the proposed use.
2. The actual parking demand for the use is substantially less than what is required
by the Zoning Code due to the operational character of the use as members of
the program are not permitted to drive, but rather arrive to the facility by either a
vanpool or by the bicycles that are supplied to them by the facility. The facility
can accommodate over 50 bicycles within the 3 bicycle racks provided on -site.
3. The probable long -term occupancy of the building should not increase parking
demand because the applicant owns the property and intends to continue
operating the facility with the same operational characteristics in this location in
the future. A future change to a retail or office use would generate a need for 21
spaces, where the existing facility based upon the program participants use of
bicycles would be less.
WHEREAS, an Off -Site Parking Agreement for the ability to use 13 spaces on an off -
site parking lot located at 2807 Lafayette Avenue is in accordance with the provisions of
Section 20.66.080 of the Municipal Code for the following reasons:
1. The off -site parking is located a walking distance of approximately 120 feet away
from the subject counseling center, which is an acceptable distance for
IL
City of Newport Beach
Planning Commission Resolution No.
Paae 3 of 10
employees to walk and a location that is useful in connection with the proposed
use.
2. Parking on the off -site parking lot will not create an undue traffic hazard because
the counseling center is not a heavy traffic generating operation, but rather with
its operational characteristics and staff of approximately 12 -14 employees on -site
at any given time, the use will be of little impact on the overall traffic in the
community. Additionally, the proposed design of the parking lot has been
reviewed by the City Traffic Engineer for vehicular safety and to ensure that
adequate site distance is provided.
3. The applicant executed a contract with the property owner to lease the site for a
period of 3 years beginning on February 1, 2006, or upon completion of
construction (whichever comes later) and maintains the right to automatically
renew the lease for an additional 3 years at the same terms and conditions. In
addition, if the property owner ever decides to sell the property, the applicant has
the first right of refusal to purchase the property. The lease entitles the applicant
to all 13 parking spaces and requires the applicant to improve, landscape, and
maintain the property in a professional manner.
4. The project has been conditioned to execute an off -site parking agreement with
the City, which shall be reviewed by the City Attorney and recorded. Should the
applicant lose its rights to use the off -site parking and alternative means of off -
site parking are not provided, then the use permit shall expire and the facility
shall lose its rights to hold group meetings.
WHEREAS, a Modification Permit for the two pairs of tandem parking has been
prepared and approved, in accordance with Chapter 20.93 (Modification Permits) of the
Newport Beach Municipal Code, for the following reasons:
1. The modification to the Zoning Code, as proposed, is necessary due to practical
difficulties associated with the property and strict application of the Zoning Code
results in physical hardships that are inconsistent with the purpose and intent of
the Zoning Code because:
The site proposed for the off -site parking lot is small in size compared to other
parking lots in the vicinity, and given its unique triangular shape, maximizing
the number of spaces available will necessitate the use of two pairs of
tandem parking. Rectangular shaped lots allow parking spaces to be
efficiently designed with a site, however, the triangular shape of this parcel
does not allow for the full utilization of site towards the southerly peak of the
property.
2. The requested modification will be compatible with the existing development in
the neighborhood because
The project is located within the Cannery Village Specific Plan which is a
mixed -use community, consisting of primarily commercial uses with a lesser
17-
City of Newport Beach
Planning Commission Resolution No.
Page 4 ;T-10
10
amount of residential uses dispersed throughout and small parking lots are
also part of the community.
Due to the design constraints on a majority of the smaller residential lots in
the City, tandem parking is a permitted parking configuration for residential
uses.
• The parking lot is restricted to the use of the facility's employees, thus
reducing parking conflicts associated with tandem parking.
• Landscaping the perimeter of the off -site parking lot increases the aesthetics
of the lot and makes it compatible with the neighborhood.
3. The granting of this Modification Permit will not adversely affect the health or
safety of persons residing or working in the neighborhood of the property and not
be detrimental to the general welfare or injurious to property or improvements in
the neighborhood because:
The proposed parking lot has been designed to use the existing curb cuts on
Villa Way and Lafayette Avenue for ingress and egress through the parking
lot and will not be detrimental to the public right -of -way or improvements in
the area.
• The proposed parking lot is located between the intersections of two streets
and does not directly abut any residential uses.
• The City Traffic Engineer has reviewed the plans for vehicular safety and to
ensure that adequate site distance is provided and it meets and has been
conditioned to comply with all applicable design standards..
• The proposed parking lot development will not be detrimental to persons
residing or working in the neighborhood, but alternatively will significantly
improve the aesthetics of the neighborhood with the landscaping proposed
surrounding the parking lot and will furthermore eliminate the dust which.
exists with the current condition of the site.
WHEREAS, the project qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 1 (Existing Facilities). This exemption
allows for the operation, repair, maintenance and minor alteration of existing buildings. The
project consists of interior modifications of an existing commercial building. Additionally,
the costruction of the off -site parking lot qualifies for a Class 11 (Accessory Structures),
which allows for the construction of minor structures accessory to existing commercial
facilities.
City of Newport Beach
Planning Commission Resolution No.
Page 5 of 00
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves
Use Permit No. 2005 -031, Off -Site Parking Agreement No. 2005 -005, and Modification
Permit No. 2005 -133, subject to the Conditions set forth in Exhibit "A."
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
in accordance with the provisions of Title 20 Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS _ DAY OF 2006.
fiw
ON
Michael Toerge, Chairman
Barry Eaton, Secretary
AYES:
NOES:
rC?
City of Newport Beach
Planning Commission Resolution No. _
Paqe 6 of 10
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2005-031
OFF -SITE PARKING AGREEMENT NO. 2005-005
MODIFICATION PERMIT NO. 2005-133
1. The development shall be in substantial conformance with the approved site
plan, floor plan, and off -site parking lot plan stamped with the date of this
meeting, except as noted in the following conditions.
2. Use Permit No. 2005 -031, Off -Site Parking Agreement No. 2005 -005, and
Modification Permit No. 2005 -133 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.91.050 of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
3. Any change in the operational characteristics of the substance abuse counseling
center, hours of operation, expansion in area, or other modification to the
approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
4. Hours of operation shall be confined to 6:30 AM to 10:00 PM, seven days a
week, with the exception that a registered nurse may remain on -site 24 hours a
day in the event an individual becomes ill at one of the various residential care
facilities operated by the applicant.
5. An employee of the facility shall remain on the premises at all times when the
facility is open and available for the use of the members.
6. A minimum of two (2) parking spaces shall be provided on -site and thirteen (13)
spaces off -site. The parking layout shall be approved by the City Traffic Engineer
and the Building Department, and shall comply with Building Code requirements
related to disabled parking and accessibility.
7. Should the required thirteen (13) off -site parking spaces no longer be available
for the use of the subject substance abuse counseling center, and alternative
means of off -site parking can not be provided or are not approved by the City,
then the use permit shall expire and the facility shall lose its rights to hold group
meetings and serve as a substance abuse counseling center.
8. All employees are required to park on -site within the 2 on -site parking spaces or
within the off -site parking lot location approved by the City.
9. The off -site parking lot located at 2807 Lafayette Avenue shall be paved and
striped to provide the 13 spaces as proposed and approved in conformance with
the approved off -site parking lot plan.
10. The applicant shall prepare and obtain approval of a landscaping plan for the off -
site parking lot located at 2807 Lafayette Avenue by the City, specifically by the
a
City of Newport Beach
Planning Commission Resolution No. _
Paoe 7 of 10
Planning Department, General Services Department, and Public Works
Department.
11. The Planning Department shall be noted immediately, should any changes in the
Parking Lease between the applicant and the owner of off -site parking lot be
proposed.
12. The final off -site parking agreement between the City and the applicant shall be
approved by the City Attorney's office and shall be recorded on both properties
(2807 Lafayette Avenue and 2811 Villa Way). The applicant shall provide proof
of recordation of the off -site parking agreement.
13. Changes or alterations to the location and type of parking spaces located within
the off -site parking lot may only be authorized by the Planning Director. Said
changes shall meet all applicable Municipal Code requirements and applicable
Public Works Department design standards.
14. Ingress to the off -site parking lot shall be taken from Lafayette Avenue and
egress shall be taken from Villa Way.
15. Storage of any kind shall be prohibited on the off -site parking lot.
16. All parking spaces shall conform to City standards and all parking spaces abutting a
property line or a structure shall be provided with wheel stops.
17. All of the applicant's vans shall be parked within the off -site parking lot overnight.
18. Permanently affixed bicycle racks shall be provided on -site at all times to
accommodate a minimum of 50 bicycles, and shall not be located within any
required parking spaces or within the alley right -of -way.
19. The applicant shall continue to provide loaner bicycles to each of its members for
the duration of their program tenure, and bicycle locks shall be provided to
prevent thefts of their bicycles.
20. The applicant shall continue to prohibit the program participants from operating a
motor vehicle during their tenure in the program. If a change to this program
requirement occurs, the City shall be notified immediately and an amendment to
this Use Permit shall be required.
21.The Out - Patient Treatment services previously operated by the applicant
allowing clients the flexibility to work, drive, and accomplish recovery goals while
residing outside of the residential care facilities shall be prohibited.
22. The applicant shall consultant with the Building Department and obtain an as-
built building permit for the tenant improvements constructed within the facility.
0�I
City of Newport Beach
Planning Commission Resolution No.
Page 8 of 10
23. The applicant shall prepare a grading plan and Water Quality Management Plan
to the satisfaction of the Building Department, Planning Department, Public
Works Department, and Traffic Engineer, and obtain a grading permit for the
construction of the off -site parking lot.
24.The applicant shall engage an architect and consultant with the Building
Department to identify and resolve Building Code issues and provide code
compliance, including but not limited to: a) the two groups rooms and the
"teach " /computer room shall provide code complying number of exits, b) code
complying occupancy separation shall be provided between the large group room
and the adjacent shop at 2809 Villa Way, c) disabled parking and disabled
access to the site, facilities and restrooms, shall be provided, and d) separate
male and female restrooms shall be provided within the large group room.
25. The exterior of the facility shall be maintained free of litter and graffiti at all times.
The owner and operator shall provide for daily removal of trash, litter, debris and
graffiti from the premises and on all abutting sidewalks within 20 feet of the
premises.
26. The applicant shall install additional ash trays around the facility, to the satisfaction
of the Planning Department. Additionally, signage shall be posted within the facility
and an additional rule shall be added to the program's general rules, instructing the
members to be courteous to the surrounding neighborhood and obey all traffic laws.
27. The facility shall not be used for any other use or meetings which are attended by
outside groups that are not directly associated with the program activities of the
operator of the facility.
28. Should this business be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
29.The Planning Commission may add to or modify conditions of approval to this
Use Permit or recommend to the City Council the revocation of this Use Permit
upon a determination that the operation which is the subject of this Use Permit
causes injury, or is detrimental to the health, safety, peace, morals, comfort, or
general welfare of the community.
30. Strict adherence to maximum occupancy limits is required. Prior to the final
building permits, the location of maximum occupancy postings in the building
shall be inspected and approved by the Building Department or Fire Department
to ensure the location is readily visible to employees, patrons and public safety
personnel.
31.The applicant shall comply with all federal, state, and local laws. Material
violation of any of those laws in connection with the use will be cause for
revocation of this permit.
a2z
City of Newport Beach
Planning Commission Resolution No.
Page 9 of 10
32.A Special Events Permit is required for any event or promotional activity outside
the normal operational characteristics of this social club establishment that would
attract large crowds, involve the sale of alcoholic beverages, include any form of
on -site media broadcast, or any other activities as specified in the Newport
Beach Municipal Code to require such permits.
33. Amplified music audible to the exterior of the location shall be prohibited.
34.The operator of the club establishment shall be responsible for the control of
noise generated by the subject facility. The noise generated by the proposed use
shall comply with the provisions of Chapter 10.26 of the Newport Beach
Municipal Code. The maximum noise shall be limited to no more than depicted
below for the specified time periods unless the ambient noise level is higher. if
the ambient noise level is higher, noise from the use shall not exceed the
ambient noise level.
35. Storage outside of the building in the front, side or at the rear of the property shall
be prohibited, with the exception of the required trash container enclosure.
36.The applicant shall ensure that the trash dumpsters and/or receptacles are
maintained to control odors, which may include the provision of fully self -
contained dumpsters or may include periodic steam cleaning of the dumpsters, if
deemed necessary by the Planning Department. Cleaning and maintenance of
trash dumpsters shall be done in compliance with the provisions of Title 14,
including all future amendments (including Water Quality related requirements).
Additionally, provisions shall be made to prevent debris and pollution runoff from
tracking onto the public right -of -way.
37. Deliveries and refuse collection for the facility shall be prohibited between the
hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the
Planning Director, and may require an amendment to this use permit.
38. All deliveries shall be made on -site and shall not block the vehicular right -of -way.
JL3
Between the hours
Between the hours
of 7:OOAM and
of 10:OOPM and
10:OOPM
TOOAM
Location
Interior
E=40dBA
terior
Residential Property
45dBA
5OdBA
Residential Property located
within 100 feet of a co mmercial
45dBA
60dBA
ro ert
Mixed Use Property
45dBA
6OdBA
Commercial Property
N/A
6OdBA
35. Storage outside of the building in the front, side or at the rear of the property shall
be prohibited, with the exception of the required trash container enclosure.
36.The applicant shall ensure that the trash dumpsters and/or receptacles are
maintained to control odors, which may include the provision of fully self -
contained dumpsters or may include periodic steam cleaning of the dumpsters, if
deemed necessary by the Planning Department. Cleaning and maintenance of
trash dumpsters shall be done in compliance with the provisions of Title 14,
including all future amendments (including Water Quality related requirements).
Additionally, provisions shall be made to prevent debris and pollution runoff from
tracking onto the public right -of -way.
37. Deliveries and refuse collection for the facility shall be prohibited between the
hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the
Planning Director, and may require an amendment to this use permit.
38. All deliveries shall be made on -site and shall not block the vehicular right -of -way.
JL3
City of Newport Beach
Planning Commission Resolution No.
Page 10 of 10
39. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a gate), or otherwise screened from view of
neighboring properties except when placed for pick -up by refuse collection
agencies. The trash dumpsters shall have a top which shall remain closed at all
times, except when being loaded or while being collected by the refuse collection
agency.
2 y
EXHIBIT 2
Applicant's Response Letter
M
JAMES C. PERSON, JR.
Attorney at Law
507 29th Street - Suite A Telephone (949) 673 -9201
Newport Beach, California 92663 Facsimile (949) 673 -0774
January 6, 2005
Mr. Michael Toerge, Chairman
and Members of the Planning Commission
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658
Re: Use Permit Application 2005 -136; Barbara and Carl Mosen
Dear Chairman Toerge and Members of the Planning Commission:
Since the last meeting we have been discussing certain issues with
your Staff and specifically have been requested to address the
matters which, hopefully, will clarify some items for you. They are
as follows:
1. Number of Clients at 2811 Villa Way. There was some confusion
concerning the number of homes on the peninsula, which I attempted
to clarify prior to the last meeting, however unfortunately we may
not have made it clear by way of the Staff report.
Currently, Sober Living by the Sea operates seventeen (17)
residential facilities in Newport Beach, however only fourteen (14)
of these are in the immediate area that utilize the facilities at
2811 Villa Way. The other three, namely "The Victorian House" on
29th Street and two residences in Newport Crest and Lido Isle,
respectively, do not participate in any of the programs at the
subject location. The Victorian House, although on the Peninsula,
is a facility which houses women who have eating disorders.
All of the residences fall in the category of Municipal Code
20.05.030 D., which is "Residential Care, Limited," which
specifically means fewer than six (6) persons occupancy, with no
direct treatment on site. Under these circumstances, there is
currently the potential for 84 participants at the 2811 Villa Way,
however, my client indicates that on the average probably the
residences are closer to eighty percent (80 %) occupied due to
turnover and sales. In the past, there have been as many as fifteen
(15) units utilizing the site, as indicated, currently there are
fourteen (14).
In addition, my client has twenty two (22) one or two bedroom
apartments rented in .apartments located in Newport Beach (West
Newport and Lido Isle). These each house one (1) or two (2) clients
or staff members. Some of the clients utilizing these facilities
2-�
Mr. Michael Toerge, Chairman
and Members of the Planning Commission
January 6, 2005
Page 2
are associated with the Victorian House and others are in other
programs not conducted at 2811 Villa Way. There are currently
sixteen (16) persons housed at this location which use the
facilities at 2811 Villa Way only between the hours of 5:00 p.m and
9:00 p.m., Monday through Thursday. All of these clients are in the
"Alternatives" program discussed below. The total potential for
clients is therefore one hundred (100).
Although there is a potential for one hundred (100) persons to be
enrolled in the program at the current time, there are currently
eighty two (82) persons enrolled in the program, including the
sixteen (16) who occupy the apartments. Of these eighty two (82)
persons, fifty two (52) utilize the facilities during the hours of
7:00 a.m. to 5:00 p.m. Thirty (30) attend meetings between the
hours of 5:00 p.m. and 9:00 p.m.
2. Parking Stickers. Staff has also, by way of the City's data
base, been able to identify sixty (60) parking passes or a sticker
issued to the address at 2811 Villa Way Aid has asked me to discuss
how these passes are allocated. It should be noted that the 2811
Villa Way is the general mailing address for all accounts and
services, thus the stickers are identified with that property
whether or not they are used at that particular property.
The passes are approximately split one third (1/3) "Master" passes
and two thirds (2/3) "Blue Pole" stickers.
Five of the Master passes are on the white vans which travel within
and outside the City on a daily basis, either transporting persons
or supplies to various locations, including the facility at 2811
Villa Way, a health club in Costa Mesa, Doctor's offices, schools,
places of employment and other destinations. As indicated in
response to the question by Commissioner Eaton, between three (3)
and fifteen (15) persons are transported to and from the facility
on Villa Way on a daily basis.
Six of the Master passes belong to Mr. and Mrs. Mosen, who have six
vehicles between them. Both Mr. and Mrs. Mosen have offices at
locations different from the subject property and both have and
utilize off street parking at those locations.
The balance of the Master passes is allocated among senior staff
members, all of whom, except two (2), do not have offices 2811
Villa Way.
Mr. Michael Toerge, Chairman
and Members of the Planning Commission
January 6, 2005
Page 3
With regard to the "Blue Pole" stickers, approximately twelve (12)
are allocated to staff members at the subject property. The
balance, namely thirty (30), are allocated to the residential
properties as each property has two staff members, each on duty
approximately twelve (12) hours daily. Also a few are given to
psychologists and other professionals who are based outside of
Newport Beach do group and individual counseling.
3. Parking. Since the last meeting, we have been attempting to look
into some additional parking primarily for the on -site staff. As a
result of this search, we have been able to secure an off - street
parking facility directly across the street from 2811 Villa Way.
This parking arrangement will be discussed at length, I'm sure, in
the Staff report.
Included with this correspondence are twenty three (23) photos
taken by the undersigned between 11:35 a.m. and 11:55 a.m. on
Tuesday, October 25, 2005. The photos clearly indicate that there
is ample street parking available during the week at a time that it
would normally be associated with "peak" business hours.
4. Testimony at Prior Hearing. Some of the testimony at the last
meeting described the municipal parking lot as being full as well
as "loud boisterous" people at 2:00 a.m. It has to be noted that
all of my client's residents are in their respective homes with a
strict 10:00 p.m. curfew. In addition, the Planning Commission
needs to be aware that the party making those comments recently
bought a new "loft" unit on 29th Street, and directly behind the
unit is the parking lot for the Newport Beach Brewing Company. It
is generally known that from about 7:00 p.m. until 2:00 a.m. the
municipal parking lot is used by bar patrons coming and going from
the not less than seven (7) bars and restaurants within a one block
radius of that particular residential /commercial loft unit.
5. "Outpatient and Alternatives Programs." Staff has asked that the
"Outpatient" and "Alternatives" Programs, mentioned on the Sober
Living By The Sea website be discussed. The'Outpatient Program has
been discontinued and is no longer available nor does it appear on
the website. The "Alternatives" Program .is a program for the
clients who reside at the residences in Newport Beach, but who
either go to school or employed during the day. . They have group
meetings and therapy on the site at 2811 Villa Way from 6:30 p.m to
8:00 p.m., four evenings a week, Mondays thru Thursdays. These
persons do not drive a vehicle to and from the location at 2811
Villa Way as they are transported by van or bicycle.
a�
Mr. Michael Toerge, Chairman
and Members of the Planning Com;r,ission
January 6, 2005,
Page 4
6. "Type of `Treatment'." Sober Living By The Sea is licensed by
the State of California as a Non - Medical Drug & Alcohol Treatment
Center. It does not do any medical "treatment" on any site, let
alone 2811 Villa Way. It does, at a different location, do an
initial examination of prospective clients by a psychiatrist, who
makes an initial determination as to the needs of prospective
clients. Treatment that is referred to in the brochure and website
is "non- medical" treatment, such as psychological counseling, etc.
7. "What drugs are dispensed On- site ?" Sober living acts only as a
caretaker for prescriptive drugs which belong to the clients and
prescribed by their doctors. The interest in holding these
medications by the nurse at the facility is to make sure that the
drugs are being distributed and consumed as prescribed by the
client's physician and can range from any number of medications
prescribed from the doctors.
7. "Is it possible to park the vans off - street at night ?" Sober
Living is agreeable to parking the five (5) vans off street in the
newly acquired off street parking lot.
8. Number of Employees. Staff has asked us to respond to some of
the comments made in a petition as well as on the Sober Living By
The Sea website (www.soberliving.com). Sober Living By The Sea has
a total of seventy two (72) employees. The numbers which are being
discussed deal with the total program offered, not all of which
operates at 2811 Villa Way. For instance, the Sunrise Ranch in
Riverside County has sixteen (16) employees which are among the
total mentioned on the website. Also, there are four (4) employees
at a facility in St. Louis, Mo. In addition, in Newport Beach, each
of the residential care facilities has two employees, although only
one (1) is on -site at a time, each working a twelve (12) hour
shift. In addition, Sober Living By The Sea has a number of
employees in other locations within Newport Beach, who either do
accounting, sales or other administrative work. This was mentioned
in the discussion concerning parking above.
As of this date, there are currently seven (7) full time employees
assigned to the subject location per shift who sit at seven (7) of
the ten (10) desks in the facility. The other three desks are used
sporadically be employees from other facilities who might be
visiting 2811 Villa Way for various reason or one on one
counseling. There is a total, over both shifts and weekends, of
sixteen (16) employees assigned to 2811 Villa Way. As indicated in
a previous email, this number may not be constant throughout the
30
Mr. Michael Toerge,
and Members of the
January 6, 2005
Page 5
Chairman
Planning Commission
day as people come and go such as employees from other locations
who walk to the site, van drivers, counselors and the like. It
would be estimated that perhaps twelve (12) to fourteen (14)
employees, could be at the site at one time during the day, however
a maximum of nine (9) at any time would be actually assigned to the
site. This increase in numbers would be primarily as shift changes
occurred.
In conclusion, I would again urge that you visit the neighborhood
on any day during the hours of operation at Sober Living By The Sea
and you will see, as verified by many long standing neighbors that
Sober Living By The Sea imposes no adverse conditions on the
neighborhood.
Thank you for your consideration.
Veliy truly u s
AMES C. PERSON,
JCP /cl
cc: Mr. and Mrs. Carl Mosen
31
CORNER LAFAYETTE & 291h LOOKING WEST
(5 empty spaces on street visible)
CORNER LAFAYETTE & 29th LOOKING NORTH
(3 empty spaces on street visible)
3 �?-
CORNER LAFAYETTE & 29th LOOKING SOUTH
(4 empty spaces on street visible)
CORNER LAFAYETTE & 29th LOOKING SOUTH
(2 empty spaces on street visible)
33
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OF
- -
ors
i
VILLA WAY & 28" LOOKING SOUTHEAST
(3 empty spaces on street visible)
VILLA WAY & 28th LOOKING SOUTH
(2 empty spaces on street visible)
35
PI
CORNER VILLA WAY & 32ND LOOKING SOUTHEAST
(5 empty spaces on street visible)
VILLA WAY NEAR 32ND LOOKING SOUTHWEST
(5 empty spaces on street visible)
3T
CORNER VILLA WAY & 31ST LOOKING NORTH
(1 empty space on street visible)
CORNER VILLA WAY AT 31ST LOOKING EAST
(3 empty spaces on street visible)
38
CORNER VILLA WAY AT 31ST LOOKING EAST
(3 empty spaces on street visible)
CORNER VILLA WAY AT 31ST LOOKING WEST
(2 empty spaces on street visible)
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CORNER VILLA WAY AT 30TH LOOKING EAST
(2 or 3 empty spaces on street visible, notice street parking
removed)
VILLA WAY NEAR 30TH MID BLOCK LOOKING WEST
(3 empty spaces on street visible)
HI
VILLA WAY AT 29TH LOOKING WEST
(3 empty spaces on street visible)
If-D-
VILLA WAY AT 29T" LOOKING EAST
(1 empty spaces on street visible)
VILLA WAY ACROSS FROM 2811 LOOKING WEST
(1 empty spaces on street visible)
1-f5
EXHIBIT 3
Off -Site Parking Lot Plan
HS
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I
I I
I I
1 .
M
od
EXHIBIT 4
Draft Off -Site Parking Agreement
L4q
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk's Office
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, CA 92663
Space Above This Line for Recorder's Use Only
OFF -SITE PARKING AGREEMENT
THIS AGREEMENT is made and entered into this day of
2006, between the CITY OF NEWPORT BEACH, a municipal corporation and charter city,
hereinafter referred to as "City," and Carl Mosen and Barbara Mosen, Husband and Wife,
hereinafter referred to as "Owner ", and is made with reference to the following facts, the
materiality and existence of which is stipulated and agreed by the parties hereto:
I. Owner is the owner of that certain parcel of real property located at 2811 Villa Way, in the
City of Newport Beach, County of Orange, State of California, which real property is more
particularly described as:
LOT 23 AND 24 IN BLOCK OF THE LANCASTER ADDITION, AS PER MAP
RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
Owner is the fee title owner to said property. Said property is hereinafter referred to as
"Property ".
II. Pursuant to the terms of Off -Site Parking Agreement No. 2005 -005 and Use Permit No.
2005 -031, granted by the City of Newport Beach on January 19, 2006, Owner has received
approval from the City of Newport Beach to satisfy the off - street parking requirements for it's
operation of a legal non - conforming office space and related assembly facilities at 2811 Villa
Way, Newport Beach, operated by Sober Living By The Sea, (SLBTS) by utilizing available
parking at the easterly portion of the property at 2807 Lafayette Ave., Newport Beach,
1
SI
California. The use of the property for assembly purposes is the percipient cause of the need
for Use Permit 2005 -136 and the increased parking.
III. The property located at 2807 Lafayette Ave., Newport Beach, California, is owned by
Patterson Kahle LLC , and is more particularly described as:
LOTS 7 AND 2 IN BLOCK 325 OF THE LANCASTER'S ADDITION TO NEWPORT
BEACH, AS PER MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
The Patterson Kahle, LLC is the fee title owner of said property.
IV. At the meeting of the Planning Commission of the City of Newport Beach on January
19, 2006, the Planning Commission imposed, among other conditions, the following Condition
Numbers , respectively:
LIST OF RELEVANT CONDITIONS
A copy of Resolution and conditions of the Planning Commission is
attached hereto, marked Exhibit "A ", and is incorporated herein by reference (hereinafter
"Conditions').
V. The parties agree that this Agreement shall be for the purposes of satisfying a
portion of the above Condition Numbers , respectively, of Off -Site Parking
Agreement No. 2005 -005 and Use Permit No. 2005 -031 as approved by the Planning
Commission.
VI. The Planning Commission of the City of Newport Beach considered this proposed
Off -Site Parking Agreement, determined that the Agreement satisfied the provisions of Section
20.66.080 of the Newport Beach Municipal Code, and authorized execution of this Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Owner hereby agrees that a minimum of thirteen (13) off - street parking spaces
located at the easterly _ feet of the property at 2807 Lafayette Ave., Newport Beach,
California, shall be provided for the use located at 2811 Villa Way, Newport Beach, California.
E
'Ta-
These spaces shall be entirely available during the hours of 6:00 a.m. and 9:00 p.m. Monday
through Sunday, and a minimum of five (5) spaces shall be available overnight for the parking
of the facilities five (5) vans. Parties to this Agreement have determined that the parking
availability is sufficient to fulfill a portion of the parking requirements for Use Permit No. 2005-
031 as of the date of execution of this Agreement. Any change in the operational
characteristics, hours of operation, expansion in area, or other modification to the floor area of
the SLBTS business, shall require amendment or the processing of a new Off -Site Parking
Agreement and/or Use Permit.
2. This Agreement shall be binding on Owner's successors in interest as long as
the Property is used for assembly purposes. Owner agrees that no less than 60 days prior to
the cancellation or expiration of any off -site parking lease, Owner or any successor operator of
the SLBTS shall submit lease extensions or new leases to City in accordance with this
approval. Should parking be proposed at a location other than the lot originally approved for
the use, the new lot/spaces shall be reviewed by the Planning and Public Works Departments
to ensure that the spaces are so located as to be useful to the project site and that the spaces
are adequately secured for exclusive use when needed by private leases.
3. Owner agrees that this Agreement shall not waive any conditions imposed by the
Planning Commission including, but not limited to, the requirement that Owner provide fifteen
(15) total spaces. In the event any portion of the off -site parking required by the conditions
imposed by the Planning Commission is no longer available, the assembly facilities shall
immediately be discontinued until adequate off-site parking has been provided.
4. Owner shall fully perform all of the conditions of approval imposed by the
Planning Commission in conjunction with the approval of this Off - Street Parking Agreement.
3
S,3
5. This Agreement shall run with the property, shall bind the heirs, successors -in-
interest, transferees, vendees, and/or assignees of the parties hereto, and shall be recorded in
the Office of the County Recorder of the County of Orange.
6. Upon receipt of written notice to City and Owner from owner of 2807 Lafayette
Ave., Newport Beach, California, that the applicable parking agreement has expired or
otherwise terminated, the Owner and the City shall sign documents in recordable form
(provided by the owner giving notice) as may be necessary to remove the effect of this
Agreement from such property in the Official Records of Orange County. Approval of the
owner of 2807 Lafayette Ave., Newport Beach, California, shall not be required to remove the
effect of this Agreement from the property located at 2807 Lafayette Ave., Newport Beach,
California.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
ATTEST:
LaVonne Harkless, City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Don Webb, Mayor
OWNER:
2807 Lafayette Ave.
Patterson Kahle LLC
MM
OWNER:
4
2811 Villa Way
Carl Mosen
Barbara Mosen
5
55
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On the day of 2006, before me, ,
notary public, personally appeared , _ personally known to me -or-
proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity and that by his signature on the instrument the person or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public in and for
the State of California
R
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On the day of 2005, before me,
notary public, personally appeared CARL MOSEN, personally known to me -or- _
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his authorized
capacity and that by his signature on the instrument the person or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public in and for
the State of California
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On the day of 2005, before me,
notary public, personally appeared BARBARA MOSEN, _ personally known to me -or -_
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his authorized
capacity and that by his signature on the instrument the person or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public in and for
the State of California
7
57-
GARY L. PROCTOR
JAKE
Proctor & Associates
JOHN NIEMAN
MARYMIATOVICH
RKFROWER
MARK FREDRICK
MARGARETBURKS
CARA BENDER
PATTY BAZAR
KAREN BLADERGROEN
Gary L. Proctor,
JOAN STEM
MARTHA FRANCO
Inc.
SANDRA FELDMAN
WENDY HUNTER
ANNALISE CHUNG
ALYSSASAKS
Attorneys and Counselors at Law.
THOMAS DE7TMER
DONNACHIRCO
EVGUENIA VATCHKOVA
TOKI SANDOVAL
TARA MORRISSEY
JENNIFER SHIMAHARA
California • Colorado • Federal Court
HILARY KUSHINS
SERENA SUN
PREETI MISHRA
To Whom It May Concern:
I have personally known Sober Living By The Sea Treatment Center and their staff for a
number of years. They have continued to be supporters of the community in a number of
ways. They are members of The Newport Beach Chamber of Commerce, volunteers to
local charitable organizations and continue to make attributable contributions to these
organizations. Sober Living By The Sea have been good neighbors to the Cannery
Village and contribute to the quality of businesses in the area. I am also aware that they
work closely with The Betty Ford Center, which is nationally known as a top quality
treatment center. Sober Living By The Sea not only maintains, but upgrades their
properties contributing to the raised standards and values of the community. They have
always maintained discretion in regards to the physical promotion of their business. I
consider them an asset to the Village community.
Sincerely,
Gary L. Proctor
ORANGE COUNTY SANTA CLARA COON]Y
600 South Main Street Sutte 900 Orange - Califomia 92868 31 Nonl%Semnd Street • Suim 330 SanRwe Califomia - 95113
Tel: (714) 547 -5853 - Fax: (714) 547 -4656 Tel: (408) 995 -0592. Pax: (408) 9950714
Email: 9z=0r(Ri 11ed fend m
(-PI
i
Lt.
O P T I C S
To Whom It May Concern:
513 WEST 30TH STREET. NEWPORT BEACH, CA 92663 USA
t.949.673.9044 f.949.673.9057
w W.saltoptics.com
My husband and 1 are residents and business owners in the
Cannery Village and have lived in the community for over a year. I have
personally researched Sober Living By The Sea and have found it to be a
highly regarded addiction treatment center.
Sober Living By The Sea has been a good neighbor and personally
we have not experienced any problems from their staff or clientele. From
our experience, their clients are monitored and well behaved and have not
caused disturbances in the neighborhood.
As long as Sober Living by the Sea has the proper licenses, fire code
requirements, zoning permits and adequate parking for their needs, we
are happy to have them as part of our community.
Molly ', �iirilPi'�
ll P O L A
P R 1 5 M F R E E
Sincerely,
Richard Wilhelm
4Jwee-L (A)Iikd,,,
c0 a
R I Z E D
L E N 5 T E C H N 0 L 0 G Y
To the Newport Beach City Council,
I am the owner of a business in Newport Beach called Hairwest Salon located at 2817
Villa Way, the salon is located next door to Sober Living by the Sea. I am also a member
of the Newport Beach Chamber of Commerce. The purpose for my letter is to request that
you allow Sober Living by the Sea to receive a "Conditional use permit". I have owned
my business for the last six years and we have always considered them friendly, clean,
professional and respectable neighbors! They are also a great source of business for us in
that they send us clients consistently. I ask that you consider this matter seriously.
Sincerely,
Shelly Date
OU�
43
November 23.2003
Vrdliew Muck MD
Avocado Medical Group
1441 Avocado f17t12
Newport 13etoh, CA 92660
Cily of Newport Beach
Newport Beach Chy Council
Newport Beach Planning Commiamlon
3300 Newport Blvd,
Newport Beach. CA 92663
Re' Camtstiaaal Use Parflai4 2809 & 2811 Villa Way, Newport Beads, CA 92663
Dear COOncil & Cammim ion Manberm
I have been associated with Sober Living by rho Sea for over 1 yms ere a rofming
physician. I have seen hundreds of their padenta and staff in my office. The cliental
*m Sober Living by the Sea have bemme a eig6f camt paoett p of my practice. 1
support arty action to maimrain of expand far Sober Living Who Sea.
Aside flmn bdim a business associate with Sober Living by the Sea. I an also a neighbor
MD rids facility. MY AnIilyretdca on Lido island which ]s where acorn ofthe cliems live
with this treatment caner. Lido Island is also jm smad l e corner Born die main
offim of Sober Living by the Ses. I went you to know that my ffmily has now had any
problems with soy Sober laving clients. we also a"resiat a how well the properties are
kopt up to Raintaht the appommen in Newport BoadL
Sincercly,
William Bmaik MD
Le
Dan and Kathy Murphy
200 Via Cordova P.O. Box 27468
Newport Beach, CA 92663 Scottsdale, AZ 85255 -0141
602 - 330 -7117 480 -951 -7831 (fax)
Murphydd @aol.com Kmulliganmurphy@aol.com
November 18, 2005
Newport Beach Planning Commission
Newport Beach City Council
3300 Newport Blvd.
Newport Beach, CA 92663
Dear Planning Commission and City Council Members,
This correspondence regards our support of the Conditional Use Permit for Sober Living
by the Sea at 2809 Villa Way and 2811 Villa Way in Newport Beach. If it is possible for
a decision to make excellent economic sense, good neighbor sense and strong moral
sense this is it.
We became aware of Sober Living by the Sea a little over two years ago, and have been
very impressed with it ever since. It is not only a well run business and a conscientious
neighbor, but also a true help to hundreds of people directly and countless more
indirectly.
We pass by several of their properties on a daily basis and have interactions with their
employees or clients almost as often. It is obvious from these encounters that Sober
Living by the Sea is an asset to Newport Beach. We strongly urge your support of the
Conditional Use Permit.
Thanks,
i
v
WI
Via Udo Drugs
3445 Via Lido
Newport Beach, Ca 92663
To Whom it May Concern:
Sober Living by the Sea has been an integral part of the success of our
pharmacy - For the fast 10 years they have been a partner with us in community
outreach, i,e. Flu shot campaigns, etc. Our business would not have become as
successful as it is without the partnership of Sober thing by the Sea.
They have also been a vital source of employees for our shore, over the
years we have had several of their clients fill important roles in our operation.
ty.
Peorge W. Kridner,IV P'harmD
ice- President, Pharmacy Operations
Quality Drug Corporation
4LP
BRUCE L. GOLD
November 17, 2005
To: City of Newport Beach
Newport Beach City Council
Newport Beach Planning Commission
3300 Newport Blvd.
Newport Beach, CA 92663
From: Bruce L. Gold, Ed.D.
5405 Alton Parkway
Suite 5A -213
Irvine, CA 92663
Re: Conditional Use Permit for 2809 and 2811 Villa Way, Newport Beach, CA
It is my understanding that a hearing will be conducted concerning the above referenced
property and the acquisition of a conditional use permit by Sober Living by the Sea. In
the event that I am unable to personally attend this meeting, I wanted the Planning
Commission to know the following:
For the past eight years, I have had the pleasure of working with Sober Living by the Sea
in a landlord- tenant relationship. They have always conducted themselves in a
professional manner, and have been ideal tenants. Since they have occupied my property
in Costa Mesa, they have enhanced the area by keeping the buildings and grounds in
excellent condition, they have always paid their rent on tine, and I have received no
complaints from any neighbors. In other words, they have been exemplary as tenants,
and an organization that I would not hesitate to do business with in the future.
Furthermore, their work with individuals in an attempt to help them with their challenges
is one in which I find laudatory, and worthy of great praise. I sincerely hope that they
will be able to continue their good work on Villa Way, and if you need any further
information or clarification, you are welcome to contact me at (949) 653 -0893.
Yours truly,
OFM
Bruce Gold
5405 Alton Parkway, Suite 5A -213 Irvine, CA 92663
Loil-
City of Newport Beach
Newport Beach Planning Commission
Newport Beach City Council
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Conditional Use Permit, 2811 & 2809 Villa Way, Newport Beach, CA
Dear Commission & Council Members:
It has come to my attention that Sober Living by the Sea (SLBTS) has requested a
Conditional Use Permit for the above referenced property and that a public hearing is
scheduled for November 17"', 2005 regarding this issue.
I am the owner of Morningside Recovery LLC. Morningside Recovery operates a similar
business in the City of Costa Mesa, Ca and we also maintain adminisdative offices in the City of
Newport Beach. I would like to be put on record as stating that SLBTS is an asset to the
immediate community around the offices on Villa Way and also provides a stable presence in the
area along Seashore Dr. where a number of houses that they lease are located.
SLBTS uses many small businesses on the west side of Newport Beach in order to provide the
highest level of service to their clients as well as their employees. Via Lido Pharmacy,
Albertson's, Alta Coffee and Let it Roll bike shop are just a few of the business that would be
adversely affected should SLBTS be forced to move its operations from their current location.
SLBTS attracts clients from all over the United States, these clients come to Newport Beach to
change their lives and stay in Newport Beach because of the dynamic community of recovery that
has been created by SLBTS.
SLBTS is part of the fabric of Cannery Village and the entire west side of Newport Beach. I urge
you to grant the Conditional Use Permit so that SLBTS can continue its outstanding work
Sincerely,
' 49 —�
R. Jeffrey Yates
Executive Director
3408 Via Oporto, Suite 201
Newport Beach, CA 92663
1.800.420.2496 • Ph: 949.675.0006 • Fax: 949.675.0007
www.momingsiderecovery.com • info@momingsiderecovery.com
M
TO WHOM IT MAY CONCERN:
SIR <
I work in an Executive Search & Placement Company at 425 30P Street in Newport Beach. In our
Building there are a number of offices used by Sober Living By the Sea. Their clients have free run of our
building for the most part, using bathrooms, sitting, etc. and they seem to have a very good control over their
behavior while in our building. I find no problem with them, and am personally able to see the results of their
efforts in the minds and hearts of these young people. Most are very polite , respectful , and tend to be good
citizens in their process of recover. I would have no problem with them as neighbors, and the attitude of their
staff members are more than normal. They get along with other members of this building, and we feel they are
good neighbors to have.
Bill Gerard.
RTA Search
Suite #3
425 — 30P Street
Newport ..
;A!: —
8inhoK Tiaennn Aavnriwtne/YMi 711th Ch . Cnita 716�awnnW Rnopp. f'A 09.f.G7AA1V 677 a'/'f.586fi�nlrfaaawrrh rom b (0 1
Neil J. Powers
Nautical Decor Newport Trading Company
2810 Newport Blvd.
Newport Beach, CA 92663
(949) 723 -9696
To Whom It May Concern:
My name is Neil J. Powers and I own and operate three lots of property at 2810 Newport
Blvd. My business' name is Nautical Decor Newport Trading Company and I have been
in business at this location since 1997. My business is directly behind Sober Living By
The Sea at 2811 Villa Way and I am one of their closest neighbors. Although skeptical
when they first opened this location in 1997, I have never had a problem with them and
would like to see our happy coexistence continue.
Sincerely,
Neil J. Powers
M
FANTASTIC SAM'S
Newport Beach, CA
11/11/05
City of Newport Beach
Newport Beach City Council
Newport Beach Planning Commission
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Conditional Use Permit, 2809 & 2811 Villa Way, Newport Beach, CA 92663
Dear Council Members:
It has come to my attention that Sober Living By The Sea requested a Conditional Use
Permit for the above referenced property and that a public hearing is scheduled for the
near future regarding this issue.
For the record, I would like it known that I am the manager of Fantastic Sam's hair salon
and that we have been doing business with the employees and residents of Sober Living
By The Sea for several years. They are a great source of business for us. I have always
considered them friendly, clean, professional, and respectful neighbors. It is my hope that
you will consider my input when making your decision.
Sin rely yours,
Manager
71
November 10, 2005
To Whom It May Concern:
I am the manager of Seacrest Cleaners located at 2825 Newport Blvd. in Newport Beach.
We are approximately one block from the Sober Living By The Sea building. We have
never experienced any problems from the people at their location. They are good
neighbors and actually provide a good amount of business for us. I can name a few
people in particular who began using our services when they were residents of Sober
Living By The Sea. Now, five years later, they have permanently relocated to the area
and continue to be good customers for our business.
Sincerely,
Dawn Hoffman
Manager, Seacrest Cleaners
iO4�-44fix�
72
November 10, 2005
To Whom It May Concern:
Sabatino's is located at 251 Shipyard Way, Cabin D in Newport Beach. Observing
Cannery Village and the local community, my staff and I have never experienced any
difficulties with Sober Living By The Sea and their associates. They are good neighbors
and provide business for the local restaurants and shops. Most community members do
not even realize that they are located in the Village because of their quiet and unassuming
nature.
Sincere y,
a'
/ Owner U
�0 '7 ?-o
-1,3
LEE EASTWOOD
16016 La Lindura Drive
Whittier, CA 90603
(562) 353 -7796
11/10/05
City of Newport Beach
Newport Beach City Council
Newport Beach Planning Commission
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Conditional Use Permit, 2809 & 2811 Villa Way, Newport Beach, CA 92663
Dear Council & Commission Members:
It has come to my attention that Sober Living By The Sea requested a Conditional Use
Permit for the above referenced property and that a public hearing is scheduled in the
near future regarding this issue.
Since I will be unable to personally attend the hearing, I would like it known that I have
been friends and conducting business with Carl & Barbara Mosen & Sober Living By
The Sea for over 12 Years. I lease a duplex to them located at 3960 & 3980 Seashore
Drive. I have been very impressed with their professionalism and the efforts that they
take to help struggling individuals return to good health and get their lives back on track.
I fully support their efforts and hope that the Planning Commission will allow them to
continue to conduct business from their office at 2811 Villa Way as they have for years.
/Y
Lee Eastwood']
Property Owner
7-y
11/10/05
City of New Port Beach
Newport Beach City Council
Newport Beach Planning Commission
3300 Newport Blvd.
Newport Beach, CA. 92663
Re: Conditional Use Permit, 2809 & 2811 Villa Way, Newport Beach,CA. 92663
Dear - Council aad-Commissiow- Members:.
It-has-come to-my- attenion -that Sober Living -By The Sea - requested -a- Conditional Use Permit
for the above referenced property and that a public hearing is scheduled in the near future
regarding this issue.
For the record-, 1 -would -like it known -- that -1-have been- a -horse owner irtCannery- Village for -
many years. I also have leased office space to Sober Living By The Sea directly below my
personal residence 426 31 st Street for over 12 years. In that time we have had a positive and
considerate relationship. Whenever I had a request of concern it was always addressed quickly.
and professionally. They have always been friendly, clean and respectful neighbors. I felt you
might be interested in my perspective when making your decision.
Sincerely yours,
Mary Williamson
Property Owner
-1-
Newport Beach Alano Club INC.
414 E. 32nd St. Newport Beach, CA. 92663
►(949)675 -2580 fax(949)675 -9434
California Non - Profit Corp . #CT19959
To whom concerned: Nov. 10,2005
Re: Sober Living By the Sea.
My Name is Rick Campbell and I am the general manager of the Newport Beach Alano
Club.
The thoughts expressed in this letter are my own and may or may not reflect the thoughts
of the clubs general membership.
Ift To start I came to Newport Beach in March of 1989 fresh from a treatment center in Palm
Springs to a recovery home that used to be on 3rd and Balboa
w
The recovery home I was in was nothing more than an overpriced flophouse,rvith drug
dealers on both comers across the street. And the owner of the place carrying on some
very shady activities, at that time I attempted going to the city of Newport Beach to
complain as well as the police and fire dept. _
It was during this period that I met Carl Mosen and even though I wasn't in sober living
Carl. would spend a lot of time talking to me and listening to my whining as I see it now.
Eventually with heat from the City the recovery home I was in closed up, and having
nowhere to go Carl let me move in to Sober Living for a couple weekswhere I received
I51 hand guidance to the program of recovery they were extremely structured and very
well managed even back then.
Carl Mosen is what I consider to be my mentor in recovery He's someone I've always
looked up to and our early meetings gave me a strong foundation in Which I have built
my own recovery on!
I've been employed at the Newport Club for over 15 years and in working here I've seen
Sober Living grow as well as recovery in the area Blossom over the past decade.
Orange County has become nationally known for the strong recovery.
And Sober Living has been the pioneer in this field!
I have a working relationship with sober living as they are contributing members of the
Newport Club and they utilize the club in the treatment of they're clients.
It has come to my attention that there's been letters circulating around the neighborhood
about Sober Living and the Rapists, Felons, and drug dealers they bring into our
community!
These accusations could not be further from the truth!
-�
All anyone has to do is look around; when I first came to Newport Beach it was know as
the snow capital of southern California because of all the Cocaine readily available here.
There were homeless addicts and alcoholics sleeping under bridges on abandoned boats
and in vacant buildings and in cars all over the peninsula.
Newport Beach the Parry center of S cal. Every spring and summer young people would
rent condos and have non stop parties check police record of the assaults and rapes
committed back then, remember the riot of 87 or 88!
Look around yes your community has changed, rather than come to Newport Beach to
party and raise hell you have people coming to find recovery and put they're lives back
together.
And as far as committing crimes I know Sober Living would be the I't to have someone
arrested for breaking the law.
That's not something we in recovery tolerate I personally have had 2 drug dealers in the
immediate area arrested over the past 8 years and know Sober living does the same.
Because having dealers in the area is like holding a gun to someone in recovery's head.
I really think that if the complainers took a hard look around that they may find they have
very good neighbors that try not to be a burden on the community.
Like I said before I have had a working relationship with sober living for many years they
have always been a big supporter of the Newport club and If we ever have a problem
with any of they're clients all it takes is 1 phone call and Sober Livings staff is here
immediately to take care of it.
I know that Sober Living does everything in they're power to fit in and add to the
community.
And I also know that unless someone close to you needs help that you are blind to what is
offered in your community unless it has touched your life.
In closing I would welcome anyone with any questions to contact me and I would be
happy to talk to them.
I recently celebrated 15 years of continues sobriety and I owe it to Carl and a few other
mentors I met here in Newport Beach California.
Miracles happen and they happen in your community every day!
Sincerely Rick Campbell
Manager
Newport Beach Alano Club
77
Nov 09 05 01:49p The Blom Family
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12 Sea Island Drive - Newport Beach, CA 92660 —1949) 640 -1990
Albertsons°
November 9', 2005
Newport Beach Planning Commission
City Hall
3300 Newport Blvd.
Newport Beach, CA, 92663
Subject: Sober Living By The Sea Use Permit
We support your granting Sober Living By The Sea the Use
Permit they have requested. Albertsons has been doing business
with them for many years and we believe their mission of helping
people turn their lives around is terrific — especially for our
community.
The residents of Sober Living By The Sea do all of their food
shopping in our store and we consider them to be good and
courteous customers. Granting the Use Permit will enable Sober
Living By The Sea to continue their work which is greatly needed.
Manager
Albertsons Supermarket
3100 W. Balboa Blvd.
Newport Beach, CA, 92663
ALBERTSON'S, INC. / GENERAL OFFICES / 250 PARKCENTER BOULEVARD / P.O. BOX 20 / BOISE. IDAHO 83726 / 208 - 395 -6200 T
STAN
-R D.D.S.
COSMETIC & FAMILY DENTISTRY
To: Newport Beach Planning Committee November 9, 2005
Re: Sober Living By the Sea
209 Villa Way
Newport Beach, CA 92663
This letter is on behalf of Sober Living By The Sea. I have been working with SLBTS for
the past 7 years. We see many of the employees as well as many of the residents.
Our working relationship has been nothing but positive. They are an asset to the
community, and I fully support all the good work that they do on rebuilding people's
lives.
Sincerely,
Stanley G. A
3404 Via Lido • Newport Beach, California 92663 - Phone 949.673.9460 • Fax 949.723.6927 - E -mail: drarmbruster@earthlink.net
www.stanarmbrusterdds.com 30
November 8, 2005
Newport Beach Planning Commission
3300 Newport Blvd
Newport Beach, Ca 92663
Dear Planning Commissioners:
I have been a resident of Newport Beach for over forty years and currently own the
property located at 505 291h Street in Cannery Village. I purchased this property in
January 1995 and lived there until September 2001.
During this time, Sober Living by the Sea operated there business on Villa Way. I would
occasionally encounter their employees on the street and they would always greet me in a
friendly manner. I would occasionally observe some of the young people that were
enrolled in the Sober Living Rehabilitation program walking along the sidewalks or
riding their bicycles in Cannery Village, l never experienced any objectionable behavior.
I was always impressed with the way their program was organized and the manner in
which they conducted their business.
In June of 20011 had the occasion to meet with Mr. and Mrs. Carl Mosen, owners of
Sober Living by the Sea, to discuss leasing my property to them for the purpose of
creating a residence for women with eating disorders. These women would reside there
during their rehabilitation process.
My property has been leased to Sober Living by the Sea since September 1, 2001.
To date, they have been model tenants.
I periodically visit Cannery Village and inquire with my friends and business associates
about Sober Livings' business and if there have been any complaints. The response is that
Sober Living has been a good neighbor.
I have spent most of my life in Newport Beach and care very much about the City and the
Direction it is moving. I lived through the 50's and 60's Bal -Week era and the 70's, 80's,
and part of the 90's when young people wanted to party they went to Malarkey's, the El
Ranchito and the Micro-Brewery and then walked screaming and yelling through
Cannery Village to the Cannery Restaurant or the Snug Harbor. Fortunately for the
residents of Cannery Village, the Snug Harbor no longer exists and the Cannery
Restaurant is more of a fine restaurant then a "Drinking HoIe." Personally, I would be
more concerned with the patrons of the remaining establishments and their conduct
"Under the influence" then a bunch of well supervised kids harmlessly riding their bikes
through Cannery Village with a nighttime curfew to adhere to.
Sm7bly, . ;
JJ
Davrd O. Clark
0�
Z'd 698C -ZOZ 09L laelp aneQ 800: L L 90 90 ^oN
Ho Sum Bistro
Newport Beach, CA
1118/05
City of Newport Beach
Newport Beach City Council
Newport Beach Planning Commission
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Conditional Use Permit, 2809 Villa Way, Newport Beach, CA 92663
Dear Council & Commission Members:
It has come to my attention that Sober Living By The Sea requested a Conditional Use
Permit for the above referenced property and that a public hearing is scheduled for
November 17m, 2005 regarding this issue.
For the record, I would like it known that I am the owner of Ho Sum Bistro and that we
have been doing business with the employees and residents of Sober Living By The Sea
for several years. They are a consistent source of business for us. I have always
considered them friendly, clean, professional, and respectful neighbors. It is my hope that
you will consider my input when making your decision.
Sincerely yours,
Owner
N
11l
'!
/4.
24-1-Am s C1,44
3300 VIA LIDO
NEWPORT BEACH, CA 92663
To whom it may concern,
Nov 7 05
Lido Sailing Club, est.1971.
Has been doing business with Sober Living folks for over 8 years + - they have
always conducted them setves in a professional and courteous manor and have
always kept there accounts current.
We at Lido Sailing consider them an asset to the business community.
They seem to be making the best of a potentially difficult social problem and I
support their efforts.
Regards
/ 1 7C 1 1
Norman Rest
President LSC Lac.
949 6750827
�3
NEWPORT NAILS
3117 320d Street
Newport Beach, CA
(949) 723 -5428
11/4/05
City of Newport Beach
Newport Beach City Council
Newport Beach Planning Commission
3300 Newport Blvd,
Newport Beach, CA 92663
Re: Conditional Use Permit, 2809 Villa Way, Newport Beach, CA 926631
Dear Council Members:
It has come to my attention that Sober Living By The Sea requested a Conditional Use
Permit for the above referenced property and that a public hearing is scheduled for
November 17th, 2005 regarding this issue.
For the record, I would like it known that I am the manager of Newport Nails and that we
have been doing business with Sober Living By The Sea for 8 years. I have always
considered them friendly, clean, professional, and respectful neighbors. It is my hope that
you will consider my input when making your decision.
Sincerely yours,
Vivian
Manager
QH
LET IT ROLL BIKE SHOP
3130 32m Street
Newport Beach, CA
(949) 675 -3136
11/4/05
City of Newport Beach
Newport Beach City Council
Newport Beach Planning Commission
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Conditional Use Permit, 2809 Villa Way, Newport Beach, CA 92663
Dear Council Members:
It has come to my attention that Sober Living By The Sea requested a Conditional Use
Permit for the above referenced property and that a public hearing is scheduled for
November 17m, 2005 regarding this issue.
For the record, I would like it known that I am the owner of Let It Roll Bikes and that we
have been doing business with Sober Living By The Sea for several years. They are a
great source of business for us. I have always considered them friendly, clean,
professional, and respectful neighbors. It is my hope that you will consider my input
when making your decision.
Sincerely yours,
Doug Lochman
Owner
cf�-�f
0
To Whom It May Concern:
I have been a business owner in Newport Beach since 1989, and have been a business
owner in the Village for the last six years. My experience with Sober Living By The Sea
has been nothing but positive. They have been excellent neighbors to me and my
business. The clients and employees have been great sources of revenue .I have always
had a strong relationship with everyone that has had any affiliation with them. I support
the good work that they do to help others that are suffering from addiction. Please let me
know what I can do to further support them .It is a pleasure to have them in our
communitv. r\
Sincerely
Patricia I
Patricia Li uw,a
Nail Studio
3109 Villa Way
Newport Beach, Ca 92663
949- 673 -1743
MI
Las&isasApxtTatHmm 5515 River Avenue Newport Beach, CA 92663 %9.642.2566
November 4, 2005
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92663
Dear Newport Beach Council Members:
We at Las Brisas Apartments developed a business relationship with Sober Living
By The Sea in 2002. Since that time Sober Living By The Sea has been a reliable
source of business, a definite asset to our community and has served as a good
corporate citizen. This win -win situation has been quite beneficial for both
parties.
Sincerely,
xa�
Darcel du Bois
Resident & Maintenance Manager
IN
UP. CLEANERS
3121 3e Street
Newport Beach, CA
11/4/05
City of Newport Beach
Newport Beach City Council
Newport Beach Planning Commission
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Conditional Use Permit, 2809 Villa Way, Newport Beach, CA 92663
Dear Council Members:
It has come to my attention that Sober Living By The Sea requested a Conditional Use
Permit for the above referenced property and that a public hearing is scheduled for
November 17th, 2005 regarding this issue.
For the record, I would like it known that I am the owner of V.I.P. Cleaners and that we
have been doing business with the employees and residents of Sober Living By The Sea
for several years. They are a great source of business for us. I have always considered
them friendly, clean, professional, and respectful neighbors. It is my hope that you will
consider my input when making your decision.
Sincerely yours,
Owner
'R-8
November 3, 2005
Subject: Sober Living By The Sea
To Whom It May Concern:
We have been adjacent tenants and neighbors to Sober Living By The Sea at 2800
Lafayette, Newport Beach, CA 92663 over the past four years.
As a neighbor to Sober Living By The Sea, our experience has been excellent and we've
had a good relationship with them over this period of time. We consider them to be an
asset to our neighborhood.
Since ely,
Harold R. B er
November 1, 2005
City ofNewport Beach
Planning Commission
Newport Beach, CA
RE: Sober Living by the Sea
Dear Planning Commission:
I am a property owner in the Cannery Village. I have been aware of Sober Living by the
Sea's activities in this area for many years. In the recent years I have become acquainted
with the management of this organization and since then I have paid more attention to
how this organization interacts with the community.
I has been my experience and observation that this is a well ran organization and that they
are good neighbors. I have not observed or know of any impacts (social conduct,
parking, etc.) on the Cannery Village due to their presence.
Please contact me if you have any questions concerning this letter
Respectfully,
701 e c mb
Villa way
Newport Beach, CA 92663
Planning Commission of Newport Beach:
This letter is in regards to Sober Living By The Sea and community issues. Laventings
Pizza is located at 2819 Newport Blvd. Sober Living By The Sea is only a block from
us. They are good neighbors and we have never had any problems from anyone in their
facility. We deliver many orders to their locations and they provide a good amount of
business for us.
Film, M
Laventino�s
91
The Factory LLC
425 3& St Unit 21
Newport Beach, CA 92663
I MM
Chy of Newport Beach
Newport Beach City Council
3300 Newport Blvd
Newport Beach, CA 82663
Re: Conditional Use Permit, 2809 Villa Way, Newport Beach, CA 92663
Dear Council Members
It has come to me attention that Sober Living By The Sea requested a Conditional Use Permit for the above
referenced property and that you will hold a public hearing regarding this request on November 17th, 2005.
1 would Ake it to be recorded that I own the property at 2815 Villa Way which is adjacent to Sober Living By
The Sea's main office located at 2811 Vida Way. Additionally, Sober Living By The Sea leases office apace
from me at 425 30th Street.
My business experience with Sober Living By The Sea and the Mosen's has only been very positive. They
are good tenants, maintain the properties to the highest standards, and have always been good neighbors. It
Is my hope that you WO consider my input when you make your decision.
Sincerely yours,
Brian Ray
(19-
November 9, 2005
To Whom It May Concern:
We are located in the Cannery Village at the Paw Spa, 2905 Newport Blvd.
We have been serving the local community for a number of years. Sober Living By The
Sea are patrons to our business and have been good neighbors in the community. The
members of their organization are an asset to the area and bring business to the local
companies. We appreciate that they are assisting young people in changing their lives to
better the overall area usually known as a "party zone ".
Sincerely,
r-
Debbie Lane
Owner, Paw Spa
13
The
October 31, 2005 RECEIVED BY
PLANNING DEPARTMENT
To: City of Newport Beach CITY OF NEWPORT BEACH
Department of Building & Planning NOV 3 2005
Subject: Sober Living by the Sea 7 g g 10 11 12 1 2 3 4 5
Use Permit Request # 2005 -031 III 1 1 1 1 1 1 1
This morning I had the attached letter and petition hand delivered to my office at 423 31"
Street. It had attached to it, the business card of Dan Hilton of Hilton Builders. Mr.
Hilton has an office and residence next door to my office at 425 31" Street. I was
appalled at the hypocrisy that Mr. Hilton and his cohorts have displayed in his opposition
to the subject of the above request.
As a matter of foundation, I have had the same office in the Cannery Village for over 23
years. I have been a resident of Newport Beach for over 44 years. I have lived within a
half mile of the village for the majority of that time.
First I would like to address the issue or non -issue of the conduciveness of Sober Living
by The Sea (SLS) in Cannery Village. I am not nor have I ever been affiliated with
(SLS). (SLS) has been a neighbor of mine either across the street, down the street or
around the comer since its inception. In the many years that they have been in existence I
have never had a problem with anyone affiliated with Sober Living. They seem to
provide a sincere business and service to our community and have always been a good
neighbor. Most if not all of the people they work with ride bicycles. Parking can be a
problem in the village as is the case in most of Newport Beach. As observant as I am
with all the conditions that negatively affect the village, I would not say that the impact
on parking or any other problem in the village is attributable to Sober Living. Simply
said they are and always have been a good neighbor.
I found the comments made with the letter and petition to border on hysteria. As is the
case to many times, opposition contenders must get down and dirty to drum up support
for their particular agenda. The negative comments they are making are not accurate in
my opinion and if they were I would feel as they do. In the many years that (SLS) has
been operating in the village I have never heard one complaint about their operation or
their people. But now since the opposition has made this a vendetta against (SLS), it
seems they want to create a problem. Over the past 2 weeks I have had a number of
neighbors comment on how they were surprised that the majority of the attendees of
(SLS) are criminals and were worried about the crime rate associated to (SLS). When I
ask these people what they have noticed to this regard they have all said that they haven't
noticed anything, but assume that the information spread by the opponents is simply true.
Page 1
Distinctive Custom Homes
423 Thirty -First Street Newport Beach, CA 92663 949- 673 -8500 949 - 673 -8543 fax ��
October 31, 2005 Page 2
I would think that a petition signed using these scare tactics should be of insignificant
value to the city in the process of making there decision. It should be noted that, the so
called leaders in this fight against (SLS) have developed there sites to the maximum and
have created a real impact on the very issues that they are complaining about. This is the
hypocrisy I speak of in the petition and the letter that is making its way through the
neighborhood.
W. Hilton himself has nonconforming parking on the his new building at 425 31" Street.
He has 3 required off street parking spaces in the front of his building for the office
parking. Currently and for the past several years these 3 spaces are never used. Mr.
Hilton has a number of large potted palm trees filling those parking spaces. You couldn't
park there if you wanted too. Mr. Fulton has many employees, subcontractors, clients
and visitors daily that park exclusively in the street. Many times each week his visitors
will park in our off street parking spaces. Each time we see someone do this we need to
tell them to move. Mr. Hilton has a practice of hosing down the front of his property
early in the morning, before code enforcement is on duty. However I know that on at
least 2 occasions he has reported other neighbors for doing the same thing My
experience is that Mr. Hilton is the first to break the Hiles and the first to report the
violations of others.
The Cannery Village is a unique part of Newport, It is a great place to work and live.
As a participator in this community for the past 23 years I know that none of us could
operate without everyone cooperating to some degree with each other. Mr. Hilton
has proven to be the exception to that rule for the 10 years he has been in the
neighborhood.
In my opinion the vast majority of the problems, from parking to behavior, in the
Cannery are the result of the bar and restaurant businesses that operate at night. I have
worked until late thousands of evenings over the past 23 years and I have seen
unbelievable behavior exhibited by the patrons of these facilities. In the 23 years the only
problem my business has had with parking is when Mr. Hilton's visitors park in our lot.
In 23 years I have never had a client or associate complain about parking with the
exception of the occasional parking ticket. In the past 23 years I have probably worked
more hours in the village than anyone I can think of and I know most everyone in the
village and they know me. If there were problems to the degree that the opponents to
(SLS) represent I would certainly know about it and I would be on their side. What is
happening to (SLS) is wrong and dishonest.
Coincidently, about 6 months ago I happened to be talking to a client of mine that lives
on 38h Street. He happened to mention that the property next door to his was for sale.
He said that he was hoping that sober living would buy the house. When I asked him,
why he said, "they have a house across the street and that they were the best neighbors on
the street ". He said, "they were clean, quiet and respectful ". He also said, "they all ride
bikes, parking is never a problem."
qs
October 31, 2005 Page 3
In conclusion I ward to say that no one has asked me to get involved in this issue with the
exception of the opponents to (SLS). I have seen what I call a grave injustice being done
to the Cannery Village and Sober Living by the Sea and I felt that I must speak up about
it. It is very unfortunate that I will be out of State on the 171h of November so I will not
be able to attend the planning commission meeting therefore I would respectfully ask the
following:
1. To allow Sober Living by the Sea to continue to operate.
2. To consider the misrepresentations presented by the opponents as the reason for
many of the signatures presented on their petitions.
3. Consider that the opponent's testimony is based on those misrepresentations.
4. Enforce the parking regulations on Mr. Hilton at 425 31" Street. (Yes this is a
formal request).
Respectfully Submitted
Steven Dobbie
Owner: Dobbie Design Group
CC:
Patricia Temple:
Planning Director
Jay Elbetter:
Building Director
Homer Bludau:
City Manager
Charles Spence:
Code Enforcement
Planning Commissioners:
Michael Toerge
Jeffrey Cole
Barry Eaton
Larry Tucker
Earl McDaniel
Robert Hawkins
Michael Henn
1!31
'; "-c:=;V' a BY
Pt.,'i ltili aDEPARRIENT
CITY OF NEVlPORT BEACH
October 27, 2005
Planning Commission
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
RE: Sober Living by the Sea Application for a Use Permit
Dear Members of the Planning Commission of Newport Beach:
NUV 01.2005
AM PM
718,911011111!) 11 1213141516
We have been reviewing the application by Sober Living by the Sea for a use permit. In
addition, we have been talking with several neighbors in the Cannery Village. Based on
the information we have, the people we have talked to, and our own experience with
Sober Living By The Sea as a neighbor we would like you to know that we have no
objection to the request made by Sober Living by the Sea.
We are a family owned and run business in Cannery Village. We have been at the same
location since 1946 and two of the eight parcels we own and work at are directly across
from the Sober Living location applying for this permit. The other six parcels are in very
close proximity to their office on Villa Way.
We have been business neighbor; since their relocation about eight years ago without
experiencing any negative impact due to their parking situation. We have always found
the people at Sober Living by the Sea to be good neighbors. They are clean, considerate
and quiet. As such, we have no objection to their application.
Sincerely,/
Scott and Marie Schock
/� - J t
2900 Lafayette Avenue • Newport Beach, CA 92663 • (949) 673 -2050 • Fax (949) 673 -6945
www.schockboats.com
q2
October 24, 2005
To Whom It May Concern:
I am a business owner in the Village in Newport Beach. Summer's Dream is a full
service hair salon located at 424 315`. St. For the past eight years we have been at this
location. During this time we have served the local community including staff and
patients of Sober Living By The Sea. They have been good neighbors in all regards. We
have never had a problem with the facility or people associated with it. Everyone seems
to be very well mannered and extremely friendly. Sober Living By The Sea residents
have been courteous clients who can afford our services and those of other businesses in
the area. They definitely help to improve the economic standing of this community.
Sincerely,
Kathy Cordos
Owner / Operator
Summer's Dream Hair Salon
W
FREY ENVIRONMENTAL, INC.
Environmental Geologists, Engineers, Assessors
Re: Development on 3V Street and Sober Living by the Sea
Dear Planning Commissioners,
I have prepared this letter with regards to a petition I signed on Tuesday October 18, 2005 while
seated for lunch at Alta Coffee house. I am the principal of FREY Environmental Inc., an
environmental consulting firm, and I have been located at the same location in Cannery Village
since 1990. On Tuesday I was approached by Kevin Weeda and asked to sign a petition. I was
told that the petition was in regards to a brand new development on 32' and the conversion of a
3,000 square foot residential unit to an office. I came to understand that this conversion would
require more parking, which the brand new unit did not have, and as such the petitioner was
seeking modification of their use permit to go from residential to commercial and they were
seeking approval to utilize parking at the Canary restaurant. I further looked at the petition and
the attached documents and I saw that Sober Living by The Sea was seeking relief for parking
requirements for some reason, as was some other local entity that I cannot now recall.
I then signed the petition.
After having signed the petition I spoke with some other folks in the neighborhood and I came to
understand more about the situation regarding the petition. As I understand it, the petition was in
regards to three entities seeking modifications of use permits, more or less. Per this letter I
request that my signature be removed from that petition as I am not in support of the
petition as it is written. Per this letter I do however wish to express an opinion with regards to
requests by two of the three entities.
Development on 32' Street
With respect to the conversion of residential space to office in a brand new building on
32 d street, I am of the opinion that the use permit should not be modified. As I we it, that
building was only recently permitted, approved and constructed for use as office and
residential space. If that is how it was permitted then that is how it should remain. It
would appear on the surface that the developer intended to circumvent the parking
requirements for new office construction by permitting a residential unit and after the
fact requesting a modification for conversion of the residential unit to office space. I do
not know all the specifics, however, if that is what is going on, a modification of use in
my opinion should not be granted.
I9
2817 A Lafayette Avenue
October 19, 2005
Newport Beach, CA 92663
(949) 723 -1645
Fax (949) 723 -1854
Members of the Planning Commission
Email. freyinc @freyinc.com
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Development on 3V Street and Sober Living by the Sea
Dear Planning Commissioners,
I have prepared this letter with regards to a petition I signed on Tuesday October 18, 2005 while
seated for lunch at Alta Coffee house. I am the principal of FREY Environmental Inc., an
environmental consulting firm, and I have been located at the same location in Cannery Village
since 1990. On Tuesday I was approached by Kevin Weeda and asked to sign a petition. I was
told that the petition was in regards to a brand new development on 32' and the conversion of a
3,000 square foot residential unit to an office. I came to understand that this conversion would
require more parking, which the brand new unit did not have, and as such the petitioner was
seeking modification of their use permit to go from residential to commercial and they were
seeking approval to utilize parking at the Canary restaurant. I further looked at the petition and
the attached documents and I saw that Sober Living by The Sea was seeking relief for parking
requirements for some reason, as was some other local entity that I cannot now recall.
I then signed the petition.
After having signed the petition I spoke with some other folks in the neighborhood and I came to
understand more about the situation regarding the petition. As I understand it, the petition was in
regards to three entities seeking modifications of use permits, more or less. Per this letter I
request that my signature be removed from that petition as I am not in support of the
petition as it is written. Per this letter I do however wish to express an opinion with regards to
requests by two of the three entities.
Development on 32' Street
With respect to the conversion of residential space to office in a brand new building on
32 d street, I am of the opinion that the use permit should not be modified. As I we it, that
building was only recently permitted, approved and constructed for use as office and
residential space. If that is how it was permitted then that is how it should remain. It
would appear on the surface that the developer intended to circumvent the parking
requirements for new office construction by permitting a residential unit and after the
fact requesting a modification for conversion of the residential unit to office space. I do
not know all the specifics, however, if that is what is going on, a modification of use in
my opinion should not be granted.
I9
Sober Living by the Sea
With respect to Sober Living by the Sea on Villa Way, as I understand it, they are
requesting to continue to have meetings for the program participants as they have been
doing for years now in the Village. Apparently, as I understand it, if they are to have
these meetings the City requires they provide parking for all of the participants. I know,
having been here as long as I have, that the participants of these meetings on Villa Way
either ride bikes, walk or are shuttled in a van from the residences from which they
reside around Newport Beach. These people do not impact parking in the area and I have
not seen any parking congestion. There are open parking spaces all the time near my
office which is very near Sober Living By The Sea. Additionally, the operators and
employees of Sober Living have become part of the community and deserve respect as
community neighbors. Accordingly, as I see it, Sober Living has been here many
years, the meeting participants do not drive cars to the meetings and the activities
of Sober Living by the Sea do not affect parking any more than any other local
business. I recommend that the City approve of their request to continue to have
meetings on Villa Way without providing parking.
Should you have any questions or request my opinion further I would be happy to discuss these
issues with you further.
in ipal Certified
Engineering Geologist
100
VILLA ENTALS
P R O P E R T Y M A N A G E M E N T
October 18, 2005
City of Newport Beach
Newport Beach City Council
3300 Newport Blvd
Newport Beach, CA 92663
Re: Conditional Use Permit, 2809 Villa Way, Newport Beach, CA 92663
Dear Council Members:
0427 31st STREET
NEWPORT BEACH, CA 92663
(949) 675 -4912 / (800) 241 -4912
FAX (949) 675 -7015
It has come to my attention that Sober Living By The Sea requested a Conditional Use
Permit for the above referenced property and that you will hold a public hearing
regarding this request on Thursday, October 20, 2005.
I would like it to be recorded that I have known the principals for the past nine(9) years,
as they are the tenants of 426A 31 s' Street, Newport Beach, CA, which is directly across
the street from my business office. Three years ago I arranged to lease a number of other
Newport Beach properties to Carl and Barbara Mosen, and at this time they now lease 10
homes from me. Additionally, in the summer of 2004 the Mosens became the major
tenant of 3101 -3107 Villa Way, Newport Beach, and as such became my business next .
door neighbor.
My business experience with the Mosen's has only been very positive. They are good
tenants, maintain the properties to the highest standards, and have always been good
neighbors. It is my hope that you will consider my input when you make your decision.
Sincerely yours,
P fckC Cain(b rl ain
President
Villa Rentals Property Management
I (D I
6/13/05
To: City of Newport Beach
Newport Beach, California
From: Garnet V. McCulloch Trust
Re: 280912807 Villa Way
To Whom It May Concern:
As owners of 2809 & 2807 Villa Way, we are aware that Carl & Barbara Mosen have
applied for a conditional use permit on the small rooxif in the back of 2807 commonly
know as 2809 Villa Way. We approve of this action
Sincerely,
10-IL
Jan 11 2006 2 :30PM 949 723 -5223 P.1
Bruce J. LOW
411 29t" street
Newport ■each, California 92663
telepNene 724 883.8309 Famlmile 949 723.5233
January 11, 2006
City of Newport Beach VIA FACSIMILE: 949 844 -3229
Planning Department
330 Newport Boulevard
Newport Beach, California 92663
Attn: Jaime Murillo, Associate Planner
RE: Sober Living By The Sea
Dear Jaime,
1 have been informed of the Sober Living resumed hearing set for January 19,
2006. Quite frankly, I am disappointed that i had to hear about the hearing from
someone in the neighborhood instead of the City.
Should 1 assume the City Staff was not interested In Input from the organized
residents and business owners who live in the area? You well know that we have
over 150 signatures on a petition regarding the Sober Living matter.
In a sense of fairness and open communication I had expected you and the City to
do a better Job of communicating the Issues and changes to the Community. Is It
too much to ask that you forward a copy of your Staff Report to me and our group
for review?
Please forward this letter to the Planning Commissioners.
1015-
Nov 03 2005 9:108M 949 723 -5223 P•1
Brune J. LOW
41129'" Street
Newport MMch, CaNFOrnla 82663
talephane 714 983 -MOD facatmNe SM 7913.5223
November 3, 2005
City of Newport Beach
Planning Department VIA FACSIMILE: 949 644 -3229
330 Newport Boulevard
Newport Beach, California 92663
Attn: Jaime Murillo, Associate Planner
RE: Sober Living By The Sea
Dear Jaime,
Enclosed is a copy of the petition which is being circulated for signatures with
respect to the Sober Living "use permit" requests. Pursuant to our telephone
conversation of this morning, I thought it Is important for the City of Newport
Beach Planning Department to understand the concerns of the residents and
business community in and around the Cannery Village well in advance of the
hearing.
We are hopeful that an objective report will be forwarded to the Planning
Commission for the November 17, 2005 hearing. To that end,1 am happy to
provide you with any information which assists you In the preparation of your
report.
Additionally, dialogue continues with representatives from Sober Living in an
attempt to reach an agreement that both sides may be able to come to the hearing
having reached an accord. Please feet free to forward this letter and the
accompanying documents to anyone at Sober Living.
I look forward to meeting with you in the near future to address any questions you
may have.
Le !
e Low
Enclosure:
�0('=�
Nov 03 2005 9:10AM 949 723 -5223 P.2
PETITION
Regarding Sober Living By The Sea
Planning Commission hearing November 17, 2005 6 :30 p.m.
Use Permit request #2005.031 PA 2005 -136
2811 Villa Way, Newport Beach
We, the undersigned, as property owners, business owners, residents and workers in the
Cannery Village and adjacent areas In the City of Newport Beach hereby state:
WE SUPPORT BUSINESS IN THE CANNERY VILLAGE THAT IS CONSISTENT WITH THE
SPECIFIC PLAN. We believe the established rules should be equally applied and enforced.
We underatand there Is a request for "Use Permits" by Sober Living By The Sea (SLOTS)
before the Planning Commission of the City of Newport Beach and a public hearing is
scheduled for November 17th, 2005 at 0:30 p.m.
Sober Living By The Sea has been operating an alcohol and drug rehab facility at 2811
Villa Way, Newport Beach for 7 years without a "Use Permit ". Now that this fact to known,
the city Is requiring SLOTS to obtain a "Use Permit" to operate legally in the Cannery
Village and comply with established law. The business of SLOTS (alcohol and drug
rehabilitation) is not a permitted use in the Cannery Village. SLBTS is asking the city to
classify them as a "social club" Instead of a "rehabilitation facility" to get around the
established code.
Additionally, SOBER LIVING BY THE SEA does not want to provide the parking required
by the city code. They need a "parking waiver" from the City of Newport Beach In the form
of a Conditional Use Permit to avoid compliance with the required parking spaces. if
designated as a "social club ", they are still required to have 51 parking spaces. They want
the city to reduce the parking requirement from 57 spaces down to 2 parking spaces.
The parking shortage is already a large problem in the Cannery Village.
We demand that the City of Newport Beach enforce code compliance and establish strict
controls on Sober Living By The Sea, and al! business, In the Cannery Village, to limit the
negative Impact on the neighborhood, k's citizens and public services. We disagree with
the "social club" designation because SLOTS, in actuality, is a drug and alcohol
rehabilitation facility with a 24 hour medical staff.
l O-:�-
Nov 03 2005 9:10AM 949 723 -5223 p•3
This benchmark, at a minimum, must include:
1. Full disclosure of all the "feeder" sites utilised by Sober Living By The Sea
including the address of all residential and commercial facilities.
2. The total number of patieots housed andfor treated at each site.
3. The total number of staff and staff function at each facility.
4. Copies of all licenses (including the original applications to ADP and fire clearance
permits) that apply to each facility.
S. Copies of all annual parking permits Issued to, or associated with SLBTS.
S. Identify all services (drug, therapeutic, counseling, etc.) provided at each facility.
7. A forecast of growth for the business activities and services provided,
8. Provide criminal screening mechanisms for patients and staff to Insure there is no
danger to residents.
S. Identify security measures to protect the residents.
Facts that support the need to establish a benchmark:
1. Sober Living By The Sea is a Drug and Alcohol rehabilitation and treatment WHIty.
Sober Living Is not a "Social Club."
2. Sober Living By The Sea currently operates over 30 drug and alcohol facilities In
West Newport Beach with the current capacity to house and treat a minimum of
206 patients.
3. Sober Living By The Sea currently holds 60 annual parking permits which have
been purchased from the City of Newport Beach.
4. Sober Living By The Sea claim to have only a few hundred successful recovered
patients, yet they have treated over 6,000.
6. 88% of the patients come from out of the state and Internationally, The State of
California has Indicated 90°/6 of the patients have criminal convictionsirecords.
6. Many of the patients have decided to come to Newport Beach simply to avoid Jail.
Most of the criminal patients are transient and only in our city for 30 to 90 days.
T. Many (part one) most serious crimes have been reported to the Newport Beach
Police Department by Sober Living By The Sea at 2811 Villa Way, regarding their
patients. The crimes include drunk in public, assault and battery, arson and
forcible rape, to mention a few.
S. According to the city staff, crime reporting district (11016) which surrounds Sober
Living By The Sea has a crime rate, per the City of Newport Beach Police
Department, which Is 473.40°% above the citywide reporting district average.
9. According to Sober Living literature, there are a minimum of 40 employees at the
2811 Villa Way location, alone,
10. Sober Living By The Sea states on their website they wlh have 80 employees
(almost 100% growth) by June 2006.
11. Sober Living adds an unbearable demand and strain on the Cannery Village.
1 d8
Page 1 of 1
Murillo, Jaime
From: Jerome J Reiss Jr [reissnovak @sbcglobal.net]
Sent: Friday, November 04, 2005 7:50 PM
To: Murillo, Jaime
Subject: Sober Living by the Sea
Jaime ....... I reviewed the website for the Newport Alano Club and compared it to the Sober Living by
the Sea website .... They are not even close ... I am suprised that the city would consider Sober Living by
the Sea a Social Club ... when you have treatment and rehabilitation at your facility and you have doctors
and nurses who administer medication you are a hospital or doctors office and not a social club..... When
you look at the website of the Alano Club they show they have group meetings at their facility to deal
with alcohol or drug problems..... They don't advertise they are a treatment or rehabilitation center or that
they administer medication ......... Sober Living by the Sea belongs in the hospital district and not in the
residential /retail district of the city .... I ask that you give this careful consideration .... Thank you for your
help .... You can email me at jreiss anaheim.net or call me at 714- 497- 6428 .... Joe
11/07/2005 log
Murillo, Jaime
From: Stuart Mckenzie [patorstu @sbcglobal.net]
Sent: Thursday, October 20, 2005 11:40 AM
To: Murillo, Jaime
Subject: Sober Living By The Sea . "55 parking spaces"
I am against your approval of this exception to the
code. When will you help the residents. I can not add
150 square feet to my house unless I provide an
additional parking space.
Don't we have enough Rehab Houses in our city or
should we start calling us Rehab City?
Stuart McKenzie
1205 W. Say Ave.
Please send copies to all Planning Commissoners.
1
10
October 19, 2005
Patricia Temple, Planning Director
City of Newport Beach
3300 Newport Blvd.
Newport Beach, Ca 92663
re: Public Hearing for PA- 2005 -136 and
Off -Site Parking Agreement PA- 2005 -239
Dear Ms. Temple,
It is with much regret that because of last minute travel arrangements that I will not be
able to attend and speak at this Thursday's Planning Commission meeting to voice my
dissent for two of the applications before the Commission as they pertain to a waiver of
required parking and an off -site parking agreement.
As a 6 -year business operator and homeowner in Cannery Village an approval of these
applications will be an exasperation of on- street parking by the highest impact users in
the Village; Sober by the Sea and The Cannery Restaurant.
Everyday one witnesses Sober by the Sea shuttle vans and employee vehicles with
Master Parking stickers occupying on- street parking not in a single location but at
several locations in Cannery Village. To request a waiver of 55 spaces for their "social
club" indicates that as a neighbor they show little concern to the many businesses and
homeowners adjacent to their facilities.
The Cannery Restaurant and their Valet Parking sub - contractor have devised a strategy
to occupy available on- street parking and spaces in the public lot located at Villa and
30th St. after 6pm when the pole meters expire. The parking lot at the southwest comer
of 31'� and Lafayette as a rule is the last lot to be utilized during the Lunch and Dinner
hours. It is ludicrous for the Applicant to think they have excess parking. Once again,
little neighborly courtesy is being extended to the business operators and homeowners
in the Village.
The Cannery Village District is evolving into a vital, energetic mixed -use community of
small business owners and residents. I respectfully ask the Commission to please
consider the motive and results parking waivers may have on the livability of this
neighborhood.
Sincerely,
Mark Schattinger
511 3& Street
Newport Beach, CA 92663
cc: Barry Eaton — Secretary, Planning Commission