HomeMy WebLinkAboutPC - Public Comments - Linda OrozcoLl �ay /O -7- 9u' I(c
NEWPORT CITY OFFICIALS: Z 4 a- Q Y oz c o
COWARDS, CONSPIRATORS OR INCOMPETENTS?
Since 2003, hundreds of residents, homeowners, and citizens have active
complained to Newport Beach city officials regarding violations of over - occupancy,
traffic, noise, parking, service vehicles & other issues at residential property:
1810 W. Oceanfront, Newport Beach, CA - Residential Treatment Facility
Single building with 3 apartments & 3 off - street parking spaces
Complaints were filed with city officials in writing, during City Council meetings
and public hearings using photos/videos and state dept. reports to document their
complaints.
The result?
The city of Newport Beach issued a NEW Certificate of Occupancy and DOUBLED
the occupancy to 49 PERSONS in this residential triplex in 2005. The prior legal
Certificate of Occupancy (since 1994) listed 27 persons maximum.
The city VIOLATED its own City Zoning Code 20.62.050 failed to require
a Conditional Use Permit for any expansion, increase, & intensification.
City attorney's office CLAIMED THIS WAS NOT AN INTENSIFICATION
OF THE USE OF THIS PROPERTY!
NEWPORT CITY OFFICIALS:
COWARDS, CONSPIRATORS OR INCOMPETENTS?
1810 W. Oceanfront
Newport Beach
Triplex (3 condos /apts)
Southern Calif.
Headquarters for
NARCONON, Inc.
Property Owners are
Carolyn/Gene Ross of Lido
Island
OCCUPANCY = 49
Parking Spaces = 3
Full time staff = 29
Page I of 3
You replied on 10/20/2005 9:58 AM. X=4 __\A IA 01'
From: Harp, Aaron [aharp @city.newport- beach.ca.us] Sent: Mon 9/26/2005 11:31 AM
Cc: Temple Linda; Clawson, Robin 1 ��
Su Temple, Patty 2O
Subject: RE: ILLEGAL EXPANSION
Attachments: X /i'
Hi Linda, /1
I understand your position; however, our office continues to disagree ap
with your analysis that there is an intensification of use which would Q`
reuve a Conditions Use Our office will continue to monitor
the situation and wi adil vise the City Departments to take appropriate
action if there are any violations of law at the property. is
Aaron C. Harp,
Assistant City Attorney 1�
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658 -8915
aharp@city.newport-beach.ca.us
Phone (949) 644 -3131
Facsimile (949) 723 -3519
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error, please notify the sender immediately. Thank you.
- - - -- Original Message---- -
From: Orozco, Linda [ maiRo :lomzco@Exchancie.FULLERTON.EDUI
Sent: Monday, September 26, 2005 7:44 AM
To: Harp, Aaron; Clauson, Robin
Cc: Orozco, Linda
Subject: ILLEGAL EXPANSION
City Attorney's Office
City of Newport Beach
Robin Clauson, City Attorney
Aaron Harp, Asst. City Attorney,
Subject: Residential Property 1810 W. Oceanfront (Narconon business)
All city documents currently and legally confirm 27 as maximum TOTAL
occupancy (staff and clients) at 1810 W. Oceanfront. These include City
Certificate of Occupancy, City Fire Inspection Report and Letter from
City Fire Marshall. This limit of 27 has been documented for years,
even in light of consistent violations by Narconon. Narconon's
http:// owaportal.fullerton.edulexchangeA orozcol drug% 20house /RE: %20ILLEGAL %20EXPANSI... 3/23/2007
violations have included 27 -40 beds over the past 2 years, and 29
full -time staff documented by Narconon. As many as 70 persons have been
part of this business on this property. Written complaints by residents
to the city over the past 2 years has failed to have the city enforce
the legal limit of 27.
If the city expands occupancy to 49 (27 clients and 22 full -time staff),
this city action will violate our citizens' right to a full public
hearing with the Newport Beach City Planning Commission as part of a
required Use Permit application for ANY EXPANSION by Narconon.
Newport Beach Zoning Code 20.62.050 -A, which states:
"EXPANSION, INCREASE AND INTENSIFICATION OF NONCONFORMING USES
A use normally permitted by right or by the approval of a use permit,
but which is nonconforming by virtue of the required conditions of the
district in which it is located, may be expanded, increased or
intensified by way of a change in operational characteristics upon the
approval of a use permit."
We expect the city to enforce the current Zoning Code, and assure our
rights to a public hearing and review of Use Permit application with the
City Planning Commission prior to any expansion of occupancy at this
location.
Dr. Linda Orozco
1805 W. Balboa Blvd.
Newport Beach, CA 92663
949 - 673 -5416
cc. Owners /residents 1800 block of Oceanfront & Balboa Blvd.
California Coastal Commission
Senator John Campbell
From: Harp, Aaron [ mailto: aharo @city.newport- beach.ca.us)
Sent: Thu 9/8/2005 5:07 PM
To: Orozco, Linda
Subject: RE: EXPANDING OCCUPANCY AT NARCONON?
Hi Linda,
Our office disagrees with vour analvsis that there is
me if you have any questions.
Aaron C. Harp,
Assistant City Attorney
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658 -8915
aharp@city.newport-beach.ca.us
Phone(949)644 -3131
Facsimile (949) 723 -3519
- - - -- Original Message - - - --
Page 2 of 3
4g
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feel O`
http:// owaportal .fullerton.edulexchangellorozcol drug% 20house /RE: %20ILLEGAL %20EXPANSI... 3/23/2007
Page 3 of 3
From: Orozco, Linda [ mailto: lorozco @Exchange.FULLERTON.EDU]
Sent: Thursday, September 08, 2005 12:35 PM
To: Harp, Aaron
Cc: Orozco, Linda
Subject: EXPANDING OCCUPANCY AT NARCONON?
Aaron Harp, Assistant City Attorney
City Attorney's Office
Newport Beach
Aaron,
Any expansion of 'occupancy' for Narconon's multi - million dollar rehab
business operation at the residential address of 1810 W. Oceanfront,
from 27 to 49 persons requires a Conditional Use Permit per the Newport
Beach Zoning Code 20.62.050 -A, which states:
"EXPANSION, INCREASE AND INTENSIFICATION OF NONCONFORMING USES
A use normally permitted by right or by the approval of a use permit,
but which is nonconforming by virtue of the required conditions of the
district in which it is located, may be expanded, increased or
intensified by way of a change in operational characteristics upon the
approval of a use pen-nit."
Please confirm that PRIOR to any city expansion of occupancy at this
address - The city will direct Narconon to prepare and submit an
application for a Conditional Use Permit, conduct a public hearing, and
REQUIRE review and approval of the city's Planning Commission.
Dr. Linda Orozco
1805 W. Balboa Blvd.
Newport Beach, CA 92663
949- 673 -5416
http:ll owaportal .fullerton.edu /exchangellorozcol drug% 20house /RE: %20ILLEGAL %20EXPANSI... 3/23/2007
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October 30, 2003
Department of Alcohol and Drug Programs
Licensing and Certification Branch
1700 K Street
Sacramento, CA 95814 -4037
Subject: Change in Capacity
1810 W. Ocean Front, Newport Beach, CA
The attached Fire Safety Inspection Report from December 2001 has beer
revised to reflect the Building Department's Certificate of Occupancy.
This Certificate um occupant load of 9 persons per floor,
with a total f 27 p rsons
This facility shall be available for inspection any time a member of the
Newport Beach Fire Department requests entry.
If you have any questions, feel free to contact our office at (949) 644-3106
Thank you.
Sincerely,
Nadine Morris
Fire Prevention Specialist
12/23/2003 00:50 9496758991
12/23/2003 12:03 7143892243
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PRE SAFETY INSpOMON REQUEST
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November 25, 2003
Dr. Linda Orozco
1805 West Balboa Boulevard
Newport Beach, CA 92660
Re: 1810 West Ocean Front and 1811 West Balboa Boulevard
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4etaprtBearh CA9 5 B- tS.�'l Dear Dr.Orozco,
Thank you for your letters dated October 22, 2003, and October 27, 2003, regarding
occupancy- load and licensing_concems for the. subject addresses. - .
On October 30, 2003, an inspection was conducted by Fire Prevention Staff at 1810 West
Ocean Front, as required by the California Department of Alcohol and Drug Programs
(CDADP). As a result of the inspection, and the maximum occupant load listed on the
Certificate of Occupancy, a fire clearance has been granted to Nareonon Southern California
Inc., for the address of 1810 West Ocean Front with the following conditions:
1. The previous ambulam ity of 32 persons shall. be amended to a total
ambulatory capaci 27 ons, which includes staff and clients.
2. The facility shall be available for inspection at any time a request is made by
a member of the Newport Beach Fire Department.
The CDADP has been notified of the above required conditions. Fire Prevention Staff will
continue to conduct inspections, as required by the California Department of Alcohol and
Drug Programs, to ensure compliance with the conditions as listed above.
On November 20, 2003, a letter was mailed to the CDADP requesting an inspection at 1811
West Balboa Boulevard. The letter states that we have been advised of a location in the
City that maybe operating as an Alcohol and Drug Recovery facility without a license and
have requested a report back regarding their investigative findings.
Alcohol and Drug Programs facilities are required by the licensing agency to meet specific
criteria. As requested by the licensing agency, the Newport Beach Fire Department
conducts inspections and reports on the findings. The licensing agency for these types of
facilities is the State of California, Department of Alcohol and Drug Programs. They are the
only agency that can revoke or issue a license for operations for these types of facilities.
We appreciate the opportunity to serve you. If you have any questions or concerns, please
call the Fire Prevention Division at (949) 644 -3106.
Sincere
Dennis Lockard
Fire Mazshal
STATE OF CALFORN"FALTX AND HI M5EfMCES AGENCY .. n^,��,�//i����Q/�� � .6epa��AkcMl �o92ms
AOPW1Al08M �` Y _ \` \J\ Lben and cwaf2fm Brach
G.' 19mupsiFm�SaVamrslGatlsNlrwd _RLfim l/ V 170D K Sree1
swarcenro, CA 958161037
.,nt,re ne noc,n,ee.,ry
An unannounced licensing compliance review was completed at the above address by Licensing and Certification Analyst David P.
Galindo. An inspection of the facility premises and a review of policies, procedures, staff and resident files was conducted for compliance
with Title 9, Chapter 5, California Code of Regulations (CCR) requirements. Present during this review were Shannon Nicks, Deputy
Executive Director, and Larry Trahant, Executive Director.
It is important that the licensee complies with regulations and the instructions of this Notice of Deficiency, Written verification of
the correction of all deficiencies or a corrective action plan (CAP) must be submitted to the Department and postmarked no later than the
dates specified in this Notice of Deficiency. Failure of the licensee to comply shall result In the assessment of civil penalties that may""k
result in other possible enforcement actions, such as license suspension or revocation.
1) TWO 9, Section 10513, Adherence to the Express Conditions of Licensure, Class A Deficlency
The above section states, A fx ensee shad not operate a fadly beyond the conditions and
The licensee was deficient In meeting this regulation because during the re viea;Sha w I counted 37 beds. The bCOty Is licensed for
32 beds. The licensee removed the beds prior to my departure
2) Title 9, Section 10565, Personnel Records, Class C Deficiency
The above section states, 'Personnel records shad be completed and main bed for each empbyee, ...and shad contain the folbving ....'
The licensee Was deficient In meeting this regulation because during the compliance review employee's Glen Farnsworth and Shannon Flicks
did not have Completed job applications, duty statements, and resumes.
3) TWO 9, Section 10561(c), (31 Reporting Requirements, Class C Deficiency
The above section states, in part, "The dams bebw shag be reported to the department 05 ten (10) xork!V days Mowing the
occurrance...'.
The licensee was deficient h meeting this regulation because the department was not otitdaily nDtifled of the current factflty administrator.
4) TWO 9, Section 10564 (b), (3), Personnel Requirements, Class C Deficiency
The above section states, Ad personnel shad be bathed... have experfwx uhtch ptviddes lanvWo ... requ red...'
•Ou
REVIEWER SIG RErOArE NT
TELEPHONE
LICENSEE NAME NARCONON INTERNATIONAL, INC.
{DENTIFICAT{DN NUMBER: 30DD77AN
FACILITY NAME NARCONON NEWPORT BEACH
DATE OF REVIEW: JANUARY 26, 2DD0
ADDRESS: 1610 WEST OCEAN FRONT, NEWPORT BEACH, CALIFORNIA 92663
TYPE OF REVIEW;
DATE FIRE CLEARANCE APPROVED:
17 INITIAL r FOLLOW -UP
Page 1
Unda CoOrds
X COMPLIANCE REVIEW r COMPLAINT INVESTIGATION
APPROVED
CENSUS
r DEATH INVESTIGATION
TOTAL OCCUPANCY: 32
TOTAL OGCUPANCY:28
-
TREATMENT CAPACITY: 32
TREATMENT CAPACITY: 26
LICENSING AUTHORITY: Health and Safety Cade Seeft 11634.01 and Title 9, Cardomb Code of ReWarnms (CCR), SwIlm 10592
An unannounced licensing compliance review was completed at the above address by Licensing and Certification Analyst David P.
Galindo. An inspection of the facility premises and a review of policies, procedures, staff and resident files was conducted for compliance
with Title 9, Chapter 5, California Code of Regulations (CCR) requirements. Present during this review were Shannon Nicks, Deputy
Executive Director, and Larry Trahant, Executive Director.
It is important that the licensee complies with regulations and the instructions of this Notice of Deficiency, Written verification of
the correction of all deficiencies or a corrective action plan (CAP) must be submitted to the Department and postmarked no later than the
dates specified in this Notice of Deficiency. Failure of the licensee to comply shall result In the assessment of civil penalties that may""k
result in other possible enforcement actions, such as license suspension or revocation.
1) TWO 9, Section 10513, Adherence to the Express Conditions of Licensure, Class A Deficlency
The above section states, A fx ensee shad not operate a fadly beyond the conditions and
The licensee was deficient In meeting this regulation because during the re viea;Sha w I counted 37 beds. The bCOty Is licensed for
32 beds. The licensee removed the beds prior to my departure
2) Title 9, Section 10565, Personnel Records, Class C Deficiency
The above section states, 'Personnel records shad be completed and main bed for each empbyee, ...and shad contain the folbving ....'
The licensee Was deficient In meeting this regulation because during the compliance review employee's Glen Farnsworth and Shannon Flicks
did not have Completed job applications, duty statements, and resumes.
3) TWO 9, Section 10561(c), (31 Reporting Requirements, Class C Deficiency
The above section states, in part, "The dams bebw shag be reported to the department 05 ten (10) xork!V days Mowing the
occurrance...'.
The licensee was deficient h meeting this regulation because the department was not otitdaily nDtifled of the current factflty administrator.
4) TWO 9, Section 10564 (b), (3), Personnel Requirements, Class C Deficiency
The above section states, Ad personnel shad be bathed... have experfwx uhtch ptviddes lanvWo ... requ red...'
•Ou
REVIEWER SIG RErOArE NT
TELEPHONE
I understand my appeal rights
Date Signed:
David P. Gemdo q„
(916) 445 -5(185
�q� / //J
/ /(� �/' I/
/ Z 7/ Z 6dQ
NAME OF SUPERVISOR
TELEPHONE
Page 1
Unda CoOrds
(916) 327 -6508
`GROGRAM REPRESENTATIVE SIGNATURE
SPATE OF CALIFORNIA — HEALTH AND HUMAN SERVICES AGEN Y V O ' DepaMlent of Alcohol and Drug Programs
Licensing and Certification Branch
1700 K Street
Sacramento, CA 958141037
LICENSING REPORT
LICENSEE NAME: Narconon Southern California, Inc.
IDENTIFICATION NUMBER: 300077AN
FACILITY NAME: Narconon Southern California
DATE OF REVIEW: October 22, 2003
ADDRESS: 1610 West Ocean Street, Newport Beach, California
TYPE OF REVIEW:
DATE FIRE CLEARANCE APPROVED:
INITIAL
COMPLIANCE REVIEW
REQUESTED
CENSUS
DEATH INVESTIGATION
TOTAL OCCUPANCY:
TOTAL OCCUPANCY:
INCREASE IN CAPACITY
TREATMENT CAPACITY: 32
TREATMENT CAPACITY: 31
J WALK- THROUGH
LICENSING AUTHORITY: Health and Safety Code Section 11834.01 and Title 9, Califomia Code of Regulations (CCR), Section 10502
On October 22, 2003, Licensing and Certification Analyst, Nadalie Martin conducted an unannounced
walk- through at the above - mentioned facility.
The walk- through was conducted because the Department had received information that the
residential facility was over capaci excee a idential treatment capacity. On
the day of the walk- through a tota of 31 residential treatment beds a counted in the facility.
However, severa d frames and mattresses were In e a y in ront of the fact i The Program
Director, Ms. Shannon I s a vise3 the anaVst -thiat -the- beds -ice X113 -P -17 IdTbed frames and
mattresses that had been replaced with new bed frames and mattresses for their residents.
Since the residential treatment facility did not have more treatment beds than authorized by the
current license and the fire clearance dated December 18, 2001, a deficiency for an over Capacity
violation was not issued.
TELEPHONE
(916) 445 -7771
Date Signed:
Linda Brad eyPERVI50R I (16) 323-1 99 I PROGRAM REPRESENTATIVE SIGNATURE I Page 1 of 1
0i - i, ( `2o (3/
STATE Of CALWOffla"EALTN AND NLWAN SERVICES AGENCY DeparaneN of Alton$ and 1w GPro¢ams
ADPOO15L (OMT) esi0er3ial and OuWieni Programs C a Branca
1700 K $Ireel
Sawarnordo• CA W814.4037
NOTICE OF DEFICIENCY
LICENSEE NAME Narconon Soutbem Canfomla
IDENTIFICATION NUMBER: 300077AN
FACILITY NAME Narconon Southern California, Inc.
DATE OF REVIEW: November Z , 2004
ADDRESS: 1810 West Ocean Front, Newport Beady, California 92663
TYPE OF REVIEW:
T INITIAL C FOLLOW -UP
T COMPLIANCE REVIEW XCOMPLAINT INVESTIGATION
T DEATH INVESTIGATION
DATE FIRE CLEARANCE APPROVED:
APPROVED
TOTAL OCCUPANCY: 27
TREATMENT CAPACITY: 27
CENS �k,..t
TOTAL OCCUPAI „ .
TREATMENT C ITY:'v'�
LICENSING AUTHORITY: Health and Safety Code Section 11834.01 and Title 9. California Code of Regrdatons (CCR). Section 10502
An unannounced site visit was made on November 1— , 2004 by Dennis L. Dunn to investigate
complaint #04-111. D,5ee1...s I��a r M:kal�bvt�> Jrh °�^"°ie contacted. The following
allegation was discussed withhv. Ad�•++s)HY,1c bva�� r`Lr• 19 during the exit conference:
A) The licensee may be operating beyond its maximum capacity for occupancy.
The entire physical plant was inspected in order to investigate the above allegation.
deficiency. Written verification of the correction of the deficiency, or a Corrective action plan (CAP),
must be submitted to the Department of Alcohol and Drug Programs (ADP) and postmarked no later
than the date specified in this notice of deficiency. Failure of the licensee to comply shall result in the
assessment of civil penalties, which may result in other possible enforcement actions, such as
license suspension or revocation.
A) Title 9, Section 10513, Adherence to Express Conditions of Ucensure, Class B Deficiency.
The above section states: uA licensee shall not operate a facility beyond the conditions and
limitations specified on the license."
Allegation W is substantiated, and the licensee was deficient in meeting the above regulation
because of the following:
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