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HomeMy WebLinkAboutSober Living by the Sea (PA2005-136) 2811 Villa WayCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 October 20, 2005 TO: PLANNING COMMISSION FROM: Planning Department Jaime Murillo, Associate Planner imurillo city.newport- beach.ca.us (949) 644 -3209 SUBJECT: Sober Living by the Sea, Use Permit No. 2005 -031 (PA2005 -136) 2811 Villa Way APPLICANT: Carl and Barbara Mosen REQUEST The applicant requests a use permit to continue the operation of Sober Living by the Sea. The operation includes individual and group counseling sessions, a computer lab, offices, and related activities, to sere the needs of residential care facilities operated throughout the City by the applicant. The request also includes a waiver of 55 required parking spaces associated with the use. RECOMMENDATION Staff recommends that the Planning Commission approve Use Permit No. 2005 -031, subject to the findings and conditions of approval included within the attached draft resolution. BACKGROUND The applicant has operated the subject facility at this location since 1998. Prior to the establishment of the use, the building was used as a restaurant, which was established in 1975 under Use Permit No. 1775. In compliance with licensing requirements by the State of California, the applicant requested Fire Department inspection in March 2005, to establish occupancy levels in the two meeting rooms that are used for group counseling. Upon inspection, it was discovered that although the establishment had been operating with a valid business license since 1998, a use permit had never been obtained. After discussions with the Planning Department, it was determined that the establishment would be classified as a "social club ", and the applicant proceeded to apply for this use permit. Sober Living by the Sea (PA2005 -136) October 20, 2005 Page 3 DISCUSSION Site Overview The subject property is located northwest of the intersection of Villa Way and 2e Street, more specifically at 2811 Villa Way. A rectangular shaped lot, the property is approximately 5,400 square feet in area and is improved with a 4,129 square foot two - story commercial building. Additionally, the applicant leases and occupies a 976 square foot room, used as an additional group meeting room, within the adjacent building located directly to the south at 2807 Villa Way. The project does not provide any on -site parking spaces, with the exception of 2 on -site delivery/drop -off spaces accessible off Villa Way. Additionally, 3 large bike racks are provided at the rear of the facility, with the capacity to accommodate over 50 bicycles. Project Overview The applicant nuns Sober Living by the Sea, which currently operates approximately 20 alcohol and drug recovery residences throughout the City. These facilities are classified as "Residential Care, Limited" facilities and serve 6 or fewer individuals per residential unit. Additionally, the applicant operates the Victorian House, a residential treatment facility for women with eating disorders, also located within Cannery Village. The project site is used for individual and group counseling, a computer lab, offices, and other related activities, to serve the needs of the various residential facilities operated by the applicant. The site is not used for residential purposes. The floor plan consists of 9 offices, 2 group counseling rooms, 1 computer lab ( "teach" room), related restroom facilities, a small shed, and an outdoor patio area. The group counseling and educational services provided at this facility are the primary function of this establishment. However, the offices are not only used as administrative support for the group counseling and educational programs, but are also the primary offices for managing the applicant's various residential care facilities operated throughout the City. The applicant also leases 4 other office locations within the Cannery Village area. Approximately 6 staff members will be on -site at any given time at this facility. Sober Living by the Sea is a comprehensive substance abuse treatment and recovery program designed to provide its members with long -term sobriety and integrate them back into mainstream living. There are approximately 120 members currently participating in the program. The program staff consists of chemical dependency counselors, physicians, psychiatrists, marriage, family and child counselors, eating disorder counselors, interventionists and aftercare specialists. Members of the program reside within one of the small residential care facilities operated by the applicant, which are conveniently located within the West Newport and the Balboa Peninsula area. These members are required to maintain a rigorous schedule which includes meditation, group counseling, lecture, diagnosis, exercise, chores and a curfew. Sober Living by the Sea (PA2005 -136) October 20, 2005 Page 4 The services provided on -site at the subject project location are a large part of the Sober Living by the Sea program. The different types of group meetings 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. In addition to these services, the site serves as the meeting location for the T.E.A.C.H. educational program, which facilitates the transition of recovering members into higher education by providing study time, computer equipment, tutorial services, and transportation to Saddleback Community College. As previously mentioned, the applicant has operated this meeting facility at this location since 1998, and has since substantially improved the structure and maintained its interior and exterior appearance. In addition, the applicant has recently replaced the deteriorated asphalt parking area with decorative interlocking pavers. General Plan The site is designated as Retail & Service Commercial & General Industry by the General Plan Land Use Element and General Commercial by the Local Coastal Plan. Club establishments are permitted uses within this land use designation. Zoning The subject property is located within the SP -6 (Cannery Village /McFadden Square Specific Plan) District and has a land use designation of Retail and Service Commercial. Club facilities are permitted within this district with the approval of a use permit. Hours of Operation The main functions of the facility operating as an office, classroom, and group meeting site, occur between the hours of 6:30 am and 10:00 pm daily. A strict 10:00 pm curfew is enforced for all treatment programs, in which case individuals must be return to their residences. However, a licensed nurse remains onsite within the facility 24 hours a day in the event an individual becomes ill at one of the various residential care facilities operating throughout the City. Surrounding Uses The project site is located within the Cannery Village area, which is dominated primarily by commercial and industrial office uses. Retail and commercial offices are located directly to the east of the site, including the El Ranchito Restaurant. Industrial and commercial uses are located directly north and west of the property. An industrial shop is located in the adjacent building, directly south. of the facility. Residential uses are located 1 block north of the site on 29 Street and also across 28"' Street to the south (28"' Street Sober Living by the Sea (PA2005 -136) October 20, 2005 Page 5 Marina condominium complex), however since they are not located directly adjacent to facility, detrimental impacts to those residences are not expected. Off - Street Parking Based on the parking standards for a "club" use, which has been established at 1 space per 35 square feet of area used for assembly purposes, the establishment would require a minimum of 57 parking spaces (1,992.6 square feet / 35 square feet = 56.93 spaces). However, since the project only can accommodate 2 on -site parking spaces, the applicant has requested a waiver of the remaining 55 required parking spaces. A use permit may be approved by the Planning Commission to modify or waive the number of off - street parking spaces if one or more of the following conditions are met: A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites. 2. The site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously. 3. A parking management plan for the site has been approved by the Planning Commission pursuant to Section 20.66.100 (B). 4. The Planning Commission makes the following findings: The parking demand will be less than the requirement in Section 20.66.030. b. The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. A municipal parking facility is located on the southwest comer of the intersection of 30"' Street and Villa Way. The 44 space parking lot is conveniently located to be useful with the proposed use, and is only a walking distance of 285 feet away from the site. 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 located a comfortable walking distance of approximately 1 minute and 12 seconds away. Therefore, staff believes that Condition No. 1 can be satisfied and the request for a waiver of the 55 off - street parking spaces can be supported. Additionally, staff believes the required findings of Condition No. 4 can be met because the actual parking demand for the proposed use is substantially less than the requirements of Section 20.66.030 of the Municipal Code. The classification of a "club" Sober Living by the Sea (PA2005 -136) October 20, 2005 Page 6 requires one parking space per 35 square feet of assembly area, which is not suitable in this case due to the nature of this type of club serving as group counseling and rehabilitation facility. The members of the program all live within the several residential care facilities located within the City and are not permitted to drive due to the program requirements. Instead, the members visiting the site from the various residential care facilities arrive by bicycle or are dropped off at the site by a vanpool operated by the applicant. The applicant provides and maintains approximately 100 bicycles, which are loaned and assigned to each of the members of the facility. Inspections take place once a week to ensure the bicycles are in proper working condition. As previously mentioned, 3 large bicycle racks are provided at the rear the property, which can accommodate over 50 bicycles at any one given time. As shown in Exhibit 3, the bicycles are the primary form of transportation to and from the facility for the members. In addition, metered on- street parking is available on the two sides of street directly in front of the facility, and annual parking passes are provided to each employee of the facility. Furthermore, the facility has operated in the location since 1998 without any known complaints or indications of parking problems. The applicant owns the property and intends to continue operating in this location indefinitely, and the probable long -term occupancy of the site, based upon the programs existing operational characteristics, will not generate any additional parking demand. In fact, if the building were ever changed into an office or retail establishment, the parking demand would be higher than the project (based on program participants use of bicycles) since a retail /office project would require 21 spaces based upon the gross floor area. In order to maintain this operational character, staff has included a condition requiring the program participants to be required to use bicycles. Therefore, based on the analysis above, and in conjunction with the close proximity of the municipal parking facility, staff believes the operation of the club facility does .not represent a significant increase in parking demand and believes the parking waiver can be supported. Police Department Concerns In an effort to analyze any potential impacts occurring from the use, the Police Department performed a review of the police data for the project location. Over a 3 year period (2003 to 2005), there were only 33 calls for service at this location, most of which consisted of missing person's reports, found property reports and miscellaneous complaints. And although the facility is in a reporting district (RD) where the number of crimes reported is at least 75% higher than the Citywide RD average, the facility appears to generate minimal demand on police services. Within the 3 year reporting period, only one Part 1 or serious crime (Grand Theft) and one Part 2 crime (Drunk in Public) were reported to have occurred at this location. However, because a significant number of participants frequent the site, staff has included various conditions on the project, as recommended by the Police Department, to reduce the potential for any problems that may result from the proposed use. Sober Living by the Sea (PA2005 -136) October 20, 2005 Page 7 Building Department Concerns Upon review of the project, the Building Department discovered that building permits have not been obtained for the tenant improvements constructed within the facility and have identified several issues related to Building Code compliance. The primary issues are related to required number of exits, restroom- requirements, and disabled access. Additionally, it was noted that the 3 parking spaces proposed on the attached plans will not be feasible due to the code requirements pertaining to disabled parking, and therefore only 2 on -site spaces are conditioned to be provided. Conditions of approval have been placed on the project to ensure the applicant will work with the Building Department to resolve these code issues and to obtain an as -built building permit for the improvements constructed within the facility. Community Concerns In an effort to provide information to the surrounding community, the applicant held two community meetings and invited various members of the Cannery Village community. The applicant has provided staff with 3. primary issues that residents and businesses expressed concerns with, and suggested conditions of approval to mediate the concerns. Staff has modified the conditions slightly for each of the following concerns: Program participants walking to and from the Newport Club facility located on 32nd Street (across from City Hall) are walking in the middle of streets without regard to others on road. 2. Cigarette butts, littering, and noise associated with members walking down the surrounding streets. Condition: 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. 3. The facility has been used for other meetings not directly associated with programs of Sober Living by the Sea (i.e. Gambler's Anonymous). Condition: 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 Sober Living by the Sea. Use Permit Findings The Zoning Code requires the Planning Commission to make certain findings for use permits. These findings are listed and discussed below. Sober Living by the Sea (PA2005 -136) October 20, 2005 Page 8 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. As previously mentioned, club facilities are a permitted use, subject to the approval of a use permit, within the SP -6 zoning designation. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use, and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Club facilities are allowed within the Retail & Service Commercial & General Industry General Plan Land Use designation. The facility 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. Operational conditions suggested in the draft resolution will assist in ensuring that there will be no detrimental impacts. Additionally, by operating the assembly activities at the project site and not at the residential facilities in the area, Sober Living by the Sea is thereby reducing impacts to those residential locations. 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. The Municipal Code does not provide any specific conditions for this type of use; however, the project has been reviewed and conditioned to ensure that conflicts with surrounding land uses are minimized to the greatest extent possible or eliminated. 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). There will be no significant environmental impact as the proposed project is located in a fully developed area. Public Notice 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: e Muhllo, Associate Planner Exhibits Sober Living by the Sea (PA2005 -136) October 20, 2005 Page 9 Submitted by: Patricia L. Temple, Pla ning Director 1. Draft Resolution No. 2004_; findings and conditions of approval 2. Project Plans 3. Site Photos 4. Police Department Report 5. Applicant's Response to Community Meetings FAUSER5\PLN1SharedTXs \PAS - 2005 1PA2005- 1361UP2005- 031perptdoc RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2005 -031 FOR PROPERTY LOCATED AT 2811 VILLA WAY (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 social club 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 throughout the City. The application also requests a waiver of 55 parking spaces associated with the use. WHEREAS, a public hearing was held on October 20, 2005, 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, a Use Permit for the proposed private club has been prepared and approved in compliance with Chapter 20.91 (Use Permits and Variances) of the Newport Beach Municipal Code for the following reasons: 1. The proposed location of the use is in accord with the objectives of the Zoning Code and the purpose of the district in which the site is located because club establishments are a permitted uses, subject to the approval of a Use Permit, within the SP -6 zoning designation. 2. The location of the proposed social club requiring this Use Permit, and the proposed conditions under which it will be operated and maintained, is consistent with the General Plan and the purpose of the SP -6 District in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to . the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: a. The site is designated Retail & Service Commercial & General Industry by the General Plan Land Use Element and zoned SP -6 (Cannery Village /McFadden Square Specific Plan Area). Club establishments are 15 City of Newport Beach Planning Commission Resolution No. Paqe 2 —of 7 conditionally permitted uses within the General Plan and Zoning Code designations. b. The club establishment 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. c. Surrounding land uses are dominated by commercial and industrial office uses. d. The project design and operational characteristics, as conditioned, meets the intent of the Zoning Code by facilitating the club establishment, while limiting its potential impacts on the community. WHEREAS, a Use Permit for the 55 space parking waiver has been prepared and approved in compliance 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, which proves to be in a location useful in connection with the proposed use. 2. The actual parking demand for the club use is substantially less than what is required by the Zoning Code due to the nature of this type of club serving as a gathering facility for group counseling and rehabilitation. Members of the program are not permitted to drive, but rather arrive to the facility by either a vanpool or by 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, 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. V4 City of Newport Beach Planning Commission Resolution No. _ Paae 3 of 7 NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2005 -031, 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 2005. BY: Michael Toerge, Chairman 37 Barry Eaton, Secretary AYES: NOES: �15 City of Newport Beach Planning Commission Resolution No. _ Paae , of 7 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2005 -031 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped with the date of this meeting. 2. Use Permit No. 2005 -031 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 social club establishment, 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. 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. Two (2) of the applicant's vans shall be parked on -site overnight. 8. 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. 9. 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. 10. The applicant shall continue to prohibit the program participants from op rat' 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. 11.The applicant shall consultant with the Building Department and obtain an as- built building permit for the tenant improvements constructed within the facility. 16 City of Newport Beach Planning Commission Resolution No. _ Page 5 of 7 12.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'Ycomputer 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. 13. There shall be no live entertainment and /or dancing at any time. 14. The operation of arcade games shall be prohibited. 15. 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. 16. 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. 17. 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 Sober Living by the Sea. 18.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. 19.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. 20.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. 21.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. t7 City of Newport Beach Planning Commission Resolution No. _ Pape 6 of 7 22.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. 23. Amplified music audible to the exterior of the location shall be prohibited. 24.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. 25. 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. 26.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. 27. 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. 28.AII deliveries shall be made on -site and shall not block the vehicular right -of -way. 1 �, Between the hours Between the hours of 7:OOAM and of 10:OOPM and 10:00PM 7:OOAM Location interior I Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 5OdBA property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 25. 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. 26.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. 27. 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. 28.AII deliveries shall be made on -site and shall not block the vehicular right -of -way. 1 �, City of Newport Beach Planning Commission Resolution No. _ Pace 7 of 7 29.AII 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. lq n o- c" �9 3� 6n` __i �Ii 2-3 6'�!: EXHIBIT 4 Police Department Report ut City of Newport Beach Project Review Request regarding Sober Living by the Sea At your request, our office has reviewed police services data for the Sober Living by the Sea facility at 2811 Villa Way. This facility is right in the middle of our reporting district (RD) number 15 as well as part of Census Tract 635. This report reflects City of Newport Beach crime data for calendar year 2004, which is the most current data available. Calls for Service Information City wide there was 60,468 calls for police services during this time, of which 5,847 were in RD 15. Of these 5,847 calls ten of them were to this exact location. A "call for service" is, any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Over the three year period from 2003 to 2005, there were 33 calls for service at this location. Most of those calls at this location consist of missing person's reports, found property reports and miscellaneous public complaints. Crime Information There were 5,889 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,508 were Part One Crimes. This location had one Part One crime in 2004, and a total of two over the three year period. These crimes were a Grand Theft that occurred at the location and a Rape that was reported by a patient to have occurred elsewhere in the city. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny- theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,381 were Part Two crimes one of which (a Drunk in Public) was at this location. The Part One crime rate for the entire city during this same period was 3,314.74 per 100,000 people. The national Part One crime rate was 4,063.4 per 100,000 people. Crimes RD 15 Newport Beach California National Part 1 304 2,508 1,420,637 11,816,782 Part 2 213 3,381 N/A N/A Part 1Crime Rate 10,753.45 3,314.74 4,003.5 4,063.4 This reporting district had a total of 877 reported crimes as compared to a City wide reporting district average of 153 reported crimes. This reporting district is 724 crimes or 473.401/6 above the City wide reporting district average. This location is within an area where the number of crimes is at least 75% higher than the average of all reporting district. Two crimes were reported at this facility. Arrest Informati on Over the three year period one person has been arrested at the location for drunk in public. Arrests RD 15 Newport Beach California* National* (DUI/Drunk) 360 1,238 N/A N/A All Arrests 778 3,550 1,457,151 9,579,611 -4f The following is a synopsis of calls for services to the police department from 2811 Villa Way over the last three years. 2005 Call Description Number of Occurances Disposition Assault/Battery (1) Occurred at group home at 307 30 Street. Drunk in Public (1) Keep the Peace (1) Missing Patient (1) 1 report Attempt to Contact (1) Found Property (2) 2 reports Parking Problem (1) Animal Control Call lM Total 9 2004 Missing Persons (5) 2 reports Grand Theft (1) 1 report Warrant Service (1) 1 report Keep the Peace (1) Found Property (1) 1 report 911 Hang -up (1) Total 10 2003 Missing Person (3) 1 report Rape (1) 1 report Suspicious Circumstances (2) 2 reports/l arrest Dispute with patient's parent (2) Lost Property (1) 1 report Found Property (4) 2reports Parking Problem Total 14 While this location does not serve alcoholic beverages, it does have a significant number of people who frequent or use their services. Because the location remains accessible to their clients on a twenty-four hour basis the Police Department requests the following conditions; 1)An employee of the applicant shall be on scene any time the facility is open or in use. 2)The facility shall provide a means for securing bicycles (racks) to reduce the potential for thefts. 3) No open air meetings or use of the patio after 11:00 PM. 4) No live entertainment at any time. 5) No dancing at any time. 5) No operation of arcade games. 6) No special events without obtaining required permits. 7) No amplified music audible to the exterior of the location. Crime Analyst Unit Vice/Intelligence Unit Paul Salenko Tom Voth 3Z EXHIBIT 5 Applicant's Response to Community Meetings JAMES C. PERSON, JR Attorney at Law 507 29th Street - Suite A Newport Beach, California 92663 Mr. Jaime Murillo Associate Planner Planning Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Telephone (949) 673-9201 Facsimile (949) 673 -0774 Re: Use Permit Application 2005 -136; Barbara and Carl Mosen Dear Jaime: As you know, we had two meetings last Thursday to discuss the above application with some members of the community. Although we invited six (6) people to each of the meetings, both meetings ended up with three (3) persons each, although I believe there was a good cross section of Cannery Village attending. In addition to myself acting as a representative of Mr. and Mrs. Mosen, Elizabeth Robertson and Beth Phillips Wright, from Sober Living By The Sea were in attendance. We had two residents (one board member) from the 28th Street Marina Project; two residents of the Village, including one who has one of the Lofts and two business members, Kevin Weeda and Marie Schock. In addition, Steve Lewis from Alta Coffee sent us a written communication which primarily dealt with his operation at Alta Coffee rather than the proposed permit. I will list the concerns below that we feel relate, although in some cases, not directly, to the proposed operation along with our proposal to mitigate those concerns: Concern: • Clients walking in the middle of the road to and from the Newport Club on 32nd Street and other facilities without having regard or being courteous to others on the road. Solution: We propose a condition of approval that the facility at 2811 shall post signage and instruct its client's to travel to and from the Newport Club using a route that takes them along Newport Blvd. to 32nd Street and visa versa. 35 Concern: • Cigarette butts, littering, noise as they travel down street Solution: We propose a condition of, approval that the facility at 2811 shall post signage and instruct its clients to be courteous to the surrounding neighborhood, reminding the clients that there are residences and businesses in the area that would appreciate their cooperation. Install additional ash trays around the facility. Concern: • PARKING AT THE FACILTY. The facility is being used by "others" meaning for other meetings not directly related to the clientele who are in treatment at the facility. Solution: We propose a condition of approval that the facility at 2811 shall not have any meetings which are attended by outside groups that are not directly related to the activities of Sober Living by the Sea and its clientele. Some of the other concerns raised in the community had to do with the number of vehicles parked at other facilities in the Village which are leased by Mr. and Mrs. Mosen and do not directly affect this particular application. Nonetheless, we have agreed with the parties who voiced those concerns to address those concerns in the next weeks in an effort to be good neighbors. If you would like to discuss any questions, please do not }sitate JCP /cl ly your i PERSON JR. cc: Mr. Kevin Weeda of the above with me or have any to contact me. -� ,��.,« . �. i� �_ 1�' I .�/ �,. � �� l Its.?'. �r R. .. -.