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HomeMy WebLinkAbout18 - SLBTS Annual Review_PA2010-150 - CorrespondencePRINTED :" Lellani From: Whelan, Melinda Sent: Tuesday, October 22, 2013 2:56 PM To: McDonald, Cristal Cc: Brown, Leilani; Brandt, Kim Subject: FW: Sober Living Melinda Melinda Whelan Planning Division, Community Development Department, City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 T: 949 - 644 -3221 F: 949 - 644 -3229 E: mwhelan (o)newportbeachca.gov W: www.newportbeachca.gov - - - -- Original Message---- - From: Lee Gittleman [ mailto :lgittle955(a)roadrunner.coml Sent: Tuesday, October 22, 2013 2:02 PM To: Whelan, Melinda; Henn, Michael; Petros, Tony; Hill, Rush; Daigle, Leslie; Selich, Edward; Gardner, Nancy; Curry, Keith Subject: Sober Living Please accept this letter in lieu of our appearance at tonight's council meeting (due to a medical issue). Council Members: We are 25 year homeowners at 4705 Seashore Drive. We have worked diligently for years, almost always in conjunction with other homeowners, to make this residential area more than just a row of houses located near one another; rather, we have tried to make it a real neighborhood. Unfortunately, however, we have experienced nothing but difficulty and nuisances since Sober Living began operating a business in our neighborhood. Their business advertises that "the Landing specializes in helping clients overcome addictions to heroin, cocaine, crack, opiates, methamphetamines, ecstasy and other drugs." While this is an admirable and necessary purpose, the residents of the Landing have not acted as good, respectful neighbors do toward one another, and their continued operation in this manner serves no purpose in enhancing our evolution towards being a family friendly neighborhood. We have made every effort to address our complaints to the appropriate resources, including countless calls to the police department regarding illegal smoking on the beach by this group, often directly in front of our home. We have sent numerous emails to city officials regarding second hand smoke coming from their patio. We always get the same response from the city, which is that the city official in receipt of our complaint "has talked with the management and they will control the problem ". Even a month or two after our requests for assistance, the problem persists, and it has NEVER gotten better. Second hand smoke is recognized as and openly considered to be a toxic contaminant by this State's Air Resources Board. Recently (in March of 2013), condominium owners in a Trabuco Canyon condominium complex successfully sued their Homeowners' Association and neighbors for this very issue - -which is that second hand smoke is a serious and noxious nuisance that disrupts the ability of homeowners like us to enjoy our homes. And the plaintiffs won. Courts in California and throughout the United States have begun to recognize that this is an issue and that homeowners should have the right to be free from the presence and effects of the second hand smoke of others. At least one other state (Utah), has passed a law providing fines and penalties against homeowners, tenants, or residents whose second hand smoke interferes with another owner's (or tenant's /resident's) right to quiet enjoyment of their home more than once in each of two consecutive seven day periods. We believe that Sober Living by the Sea, and the owner /s of 4711 Seashore are impeding our rights to the quiet enjoyment of our home, and that the City of Newport Beach should do more to stop the second hand smoke from continuing to be the horrible, noxious, and unhealthy nuisance that it has been since this problem began. Please take the necessary action to stop the second hand smoke. Respectfully, Lee & Cindy Gittleman 2