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HomeMy WebLinkAbout15 - Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150)PO CITY OF z NEWPORT BEACH Cq G�p� P City Council Staff Report October 27, 2015 Agenda Item No. 15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: Melinda Whelan, Assistant Planner PHONE: 949-644-3221 TITLE: Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150) ABSTRACT: This is the sixth annual periodic review of the Zoning Implementation and Public Benefit Agreement ("Zoning Agreement") between the City and Sober Living by the Sea (SLBTS). Staff has conducted a thorough review of SLBTS's operations and the requirements of the Zoning Agreement. Staff is of the opinion that SLBTS is in compliance with all requirements. RECOMMENDATION: a) Conduct a public hearing; b) Find this review exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this review enforces an entitlement for use adopted by the City and has no potential to have a significant effect on the environment; C) Find that Sober Living by the Sea has demonstrated good faith compliance with the terms of the Zoning Implementation and Benefit Agreement; and d) Receive and file documents submitted by Sober Living by the Sea to demonstrate good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement. Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150) October 27, 2015 Page 2 FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: This is the sixth annual periodic review of the Zoning Agreement between the City and SLBTS. Staff has conducted a thorough review of SLBTS's operations and the requirements of the Zoning Agreement (Attachment B) and Zoning Agreement Administrative Protocol Memorandum (Attachment C). Staff's review indicates that SLBTS is in compliance with all requirements. The Zoning Agreement establishes the duties of both the City and SLBTS, and requires that the City and SLBTS each comply in good faith with its terms. The Zoning Agreement includes a provision that a periodic review be conducted at least once every 12 months, consistent with California Government Code Section 65865.1, and Newport Beach Municipal Code (NBMC) Section 15.45.080. If the City Council finds that the applicant has not complied in good faith with the terms or conditions of the agreement, the City Council may pursue remedies. The fifth annual periodic review occurred in November 2014 (Attachment D - City Council Minutes). At that public hearing, the City Council determined that SLBTS had demonstrated good faith compliance with the terms of the Zoning Agreement. Terms and Conditions of the Zonina Aareement Villa Way/Lafayette Facility On March 5, 2013, the Community Development Director approved a request to relocate the SLBTS administrative offices at 2811 and 2813 Villa Way to 2800 Lafayette Avenue. 2809 Villa Way remains as a meeting facility per Exhibit C in the Zoning Agreement. The operational conditions related to the meeting facility are specified in a letter from the City to SLBTS dated August 25, 2006, (Determination Letter) and incorporated by reference as Exhibit C in the Zoning Agreement (Attachment B). The conditions set forth in the Determination Letter are summarized in the "Condition Category" column Villa Way/Lafayette Facility Matrix, included as Attachment E of this report. The Zoning Clearance Letter authorizing the relocation of the offices is included as Attachment F. The office location includes the parking lot at 2805 Villa Way, which provides the permanent off-street parking required by the Zoning Agreement. The landscaped parking lot provides the minimum required 13 -parking spaces exclusively for the SLBTS vehicles. 15-2 Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150) October 27, 2015 Page 3 Compliance Review and Applicable Regulations of the Zoning Agreement The Zoning Agreement requires SLBTS to submit a Compliance Review Report on or before December 31 and June 30 of each year. The management of SLBTS submitted its Compliance Review Reports on January 9, 2015, and August 17, 2015 (Attachment G). The Zoning Agreement limits the number of client beds permitted in SLBTS' sober living homes and licensed treatment facilities to 204 beds citywide. SLBTS reported a total of 44 client beds as of October 1, 2015. Since the last annual review, there are no additional facilities and beds and no additional closures. There has been a 78.4 percent decrease in reported client beds between May 2008 and September 2015. (See Attachment H for an inventory of client beds listed by address and Attachment I for a map of all open SLBTS facilities as well as closed facilities.) The latest Compliance Review Report provides current information regarding facility locations and bed counts. The accuracy of the information has been verified through on- site inspections conducted by Code Enforcement. Code Enforcement has also verified that each facility is in compliance with the "Applicable Regulations" as delineated in Exhibit B of the Zoning Agreement. A summary of the "Applicable Regulations" are provided in the matrices attached to this report (Attachment J), and in Table 1: Table 1 — Applicable Requlations Regulation Specific Requirement Status Number and Location No more than 204 client beds citywide, no more In compliance. 44 of Facilities than 156 in Peninsula zone, including 12 maximum client beds citywide on Lido Isle. reported as of 10/1/15. New Facilities after One building per block, or across bordering street In compliance. effective date of (block is area bounded by 4 streets, not alleys). Zoning Agreement 4138 & 4142 Patrice Rd. facilities are located within same building. No other facilities are located within the block. Dispersal: 1 facility No new facility established outside Peninsula Zone Dispersal completed per block within 30 until dispersal complete. 12/27/10. months of effective In compliance. date (4 exceptions specified in Zoning Agreement may remain within same block). 15-3 Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150) October 27, 2015 Page 4 Regulation Specific Requirement Status Proximity to schools, No facility within 1,000 feet of NMUSD elementarX In compliance. large day care school or large day care facility, or adjacent to 36 facilities, parks Street tot lot or Marina Park tot lot. Parolees/ SLBST shall not provide services to or house any In compliance. Government parolee from CA Dept. of Corrections or equivalent. SLBTS reports it Referrals Other parolee/probationers-1 per dwelling unit does not provide allowed. services or housing to Note: Effective Feb. 2011, NBPD requests they be parolees. asked to supply this information only for criminal law enforcement purposes. Medical Waste Must be disposed of in accordance with law and In compliance. Disposal best practices. Other Waste Disposal Must comply with NBMC requirements for trash In compliance. enclosure provisions. Smoking and Good faith effort to prevent secondhand smoke In compliance; one Tobacco Products affecting neighboring properties; direct clients not to complaint minor in litter w/ tobacco products or violate smoking nature with no further prohibitions. action required. Off -Street Parking Comply with NBMC requirements for off-street In compliance with parking in residential zones. amended Action Plan (Attachment A) to address training of new on-site management. 24 -Hour Hotline Continuously operate 24-hour hotline for receiving In compliance. inquiries and/or complaints re: its operation of Hotline: (949) 554 - facilities. 1147 Quiet Hours All residents to be inside during quiet hours: In compliance. Sun.-Thurs.: 10 p.m. — 7 a.m.; Fri. -Sat.: 11 p.m. — 7 a. m. Route Plans Good faith efforts to adhere to required route plans In compliance. for transport of clients. Deliveries of Goods Accept deliveries during customary times in In compliance. and Services residential areas. Clients per bedroom Two clients per bedroom unless size of structure In compliance. warrants more for any single bedroom. Code Enforcement conducted on-site interior inspections of eight SLBTS facilities in March and September this year, and exterior inspections of all SLBTS facilities on the same dates. A copy of the inspection reports is provided in Attachment K, and a summary of dates and locations of facility inspections is provided in Table 2: 15-4 Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150) October 27, 2015 Page 5 Table 2 — SLBTS Facilitv Inspections Inspection Date Facility Address Inspection Results May 6, 2015 5004 Neptune Ave. A Internal Inspection 5004 Neptune Ave. A&B In Compliance Internal Inspection 4138 Patrice Rd. In Compliance Internal Inspection 4142 Patrice Rd. In Compliance Internal Inspection 6110 W. Ocean Front In Compliance May 5 and September 22, 2015 External Inspection of all facilities In Compliance September 24, 2015 Internal Inspection 5004 Neptune Ave. A&B In Compliance Internal Inspection 4711 and 4711 1/2 Seashore Dr. In Compliance Internal Inspection 6111 Seashore Dr. In Compliance Internal Inspection 6110 W. Ocean Front In Compliance Calls for Service and Other Complaints The Newport Beach Police Department (NBPD) reviewed calls -for -service related to the SLBTS facilities between September 1, 2014, and August 31, 2015 (Table 3). The calls were minor in nature and did not raise concern with the NBPD regarding facility operations. Table 3 — Calls for Service Date & Location Call Description 9/18/14 Keep the peace. Unknown trouble, female heard screaming. 5004 Neptune Ave. A 10/25/14 Assist only to locate female that left the location against medical advice. 6111 Seashore Dr. 10/31/14 Keep the peace. Female clients leaving location against medical advice. 6111 Seashore Dr. 5/12/15 Medical aid and keep the peace. Intoxicated client. 4138 Patrice Rd Code Enforcement has responded to five complaints filed with the City during this time period, as summarized in Table 4. A verbal warning was given regarding the smoking on the beach, and SLBTS continued with their Action Plan to address smoking found under #5 in Attachment A with no further complaints received. The four complaints regarding parking required Code Enforcement to elevate their response to a $100 Administrative Citation on September 14, 2015, due to ongoing complaints and confirmed violations with photographs. SLBTS has responded that there was a change in on-site management in July 2015. SLBTS has added to their Action Plan (Attachment A) to address the issue of on-site management/staff training on Newport Beach regulations. 15-5 Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150) October 27, 2015 Page 6 Table 4 — Other Complaints Received by the Citv Date & Location Complaint General Location Date Resolution 2/9/15 Residents smoking on the beach Verbal warning given 4711 Seashore Dr. 2800 Lafayette 5/15/15 Vehicle Moving Violation 5/4/15 Cars parked obstructing public Verbal warning given 4711 Seashore Dr. right-of-way. 5/26/15 Cars parked obstructing public Verbal warning given 4711 Seashore Dr. right-of-way. 8/20/15 Cars parked obstructing public Notice of violation issued 4711 Seashore Dr. right-of-way. 9/14/15 Cars parked obstructing public Administrative Citation issued 4711 Seashore Dr. right-of-way. Parking or Moving Violations Although not required by the Zoning Agreement, staff also reviewed the City's parking and moving citation records for SLBTS transport vehicles holding Master Parking Permits. A total of three parking citations and two moving citations were issued between September 2014, and August 2015, as summarized in Table 5. Table 5 — Parkina Citations & Movina Violations Vehicle Parking Citation General Location Date Honda SUV Facing wrong way on two-way street Neptune Ave. 1/18/15 Dodge Caravan Expired/absent registration 2800 Lafayette 5/15/15 Vehicle Moving Violation General Location Date Toyota Prius Failure to provide insurance Vista Baya and Tustin Ave. 12/15/14 Conclusion Staff is of the opinion that SLBTS has made good faith efforts to comply with the terms of the Zoning Agreement. Based on the information and attachments provided in this report, staff recommends that the City Council: 1. Find SLBTS has demonstrated good faith compliance with the terms of the Zoning Agreement; and 2. Receive and file the documents submitted by SLBTS to demonstrate good faith efforts and compliance with the Zoning Agreement. 15-6 Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150) October 27, 2015 Page 7 The next annual review will be presented to the City Council for consideration in October 2016. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Notice of this hearing was published in the Daily Pilot, mailed to all owners and occupants of property within 300 feet of the boundaries of each of the property locations, and mailed to the applicant at least 10 days prior to this hearing, consistent with the provisions of the NBMC. Notice of this hearing was also posted at each property location at least 10 days prior to this hearing. ATTACHMENTS: Attachment A — SLBTS Documents Demonstrating Compliance Attachment B — Zoning Agreement Attachment C — Zoning Agreement Administrative Protocol Memorandum Attachment D — November 12, 2014 City Council Minutes Attachment E — Villa Way Facility and Lafayette Offices Matrix Attachment F — Zoning Clearance Letter for Office Relocation Attachment G — SLBTS Compliance Reports Attachment H — Inventory of SLBTS Client Beds as of September 2015 Attachment I — Map of SLBTS Facilities — Open and Closed as of September 2015 Attachment J — SLBTS Compliance Matrices: Overall Compliance Matrix and Individual Facilities Matrices Attachment K — Code Enforcement Inspection Reports 15-7 Attachment A SLBTS Documents Demonstrating Compliance 15-8 Sober Living by the Sea Annual Report to City of Newport Beach October 1, 2015 Exhibit B — Applicable Regulations In accordance to the Zoning Agreement there shall be no more than 204 beds occupied in the City at any time by persons who are patients, clients or customers of Sober Living by the Sea and there shall be no more than 156 beds occupied in total in those parts of the City referred to as the Peninsula Zone. As of Oct 1, 2015 Sober Living by the Sea (SLBTS) managed or controlled the following facilities in Newport Beach: Total Bed Count 44 Sober Living is in compliance with this requirement #9 of Applicable Regulations: SLBTS is not operating a Facility that is within 1,000 feet of any NMUSD elementary school or the large commercial State -licensed day care facility 15-9 SLBTS FACILITIES Property Address Peninsula Zone or N) Treatment Bed Count Peninsula Off Peninsula ADP License or N) 4138 Patrice N 6 Y 4142 Patrice N 6 N 4711 Seashore Y 6 Y 4711 % Seashore Y 2 N 5004 Neptune, unit A Y 6 N 5004 Neptune, unit B Y 6 N 6110 West Ocean Front Y 6 Y 6111 Seashore Y 6 Y Total Bed Count 44 Sober Living is in compliance with this requirement #9 of Applicable Regulations: SLBTS is not operating a Facility that is within 1,000 feet of any NMUSD elementary school or the large commercial State -licensed day care facility 15-9 #10 of Applicable Regulations: Sober Living has not established or operating a facility at any location which is adjacent to the 366i Street Tot Lot or Marina Park Tot Lot. Operational Regulations — Exhibit B #1 of Operational Regulations_ No parolee or parolees from the California Department of Corrections or its equivalent in any other State or the Federal Bureau of Prisons in any of its Facilities located in the City #2 of Operational Regulations: SLBTS is in complete compliance with disposal of medical waste if indeed this is necessary. SLBTS is not a medical facility and does not deal with medical waste issues. #3 of Operational Regulations: SLBTS makes great efforts to comply with "trash lid coverage" regulation. No complaints filed #4 of Operational Regulations: Sober Living makes good faith efforts to prevent second hand smoke from leaving the facility. No complaints filed this past year. There was one citation for smoking on the beach. #5 of Operational Regulations: Sober Living complies with all City code provisions requiring of street parking in residential zones. We have received 4 complaints for parking at 4711 Seashore. Staff was reminded again not to park in front of a garage that has a driveway less than 20 feet and SLBTS identified the problem as a new staff/manager on-site that had not been trained regarding Newport Beach regulations. Below is the amended Action Plan to address this issue immediately. ACTION PIAN Objective Action/Activity Target dates Status 1. Develop and support Began effort at September 19, 2013 9/19/13 — indefinite Ongoing action plan for eliminating smoldng issues at 4711 Seashore Drive A. Identity A. SLBTS management to 9/20/2013- indefinite Ongoing current & present educate all clients and staff SM01MG on the smoking policy behaviors of staff moved to garage only. and clients, B. Implement smoking policy whereabouts, time and repercussions for non - of day, and disposal adherence. of cigarettes 2. Develop and A. SLBTS management to 9/20/2013- indefinite Ongoing support action educate all clients and staff plan for on the parking policy eliminating B. Implement parking policy parking issues at and repercussions for non - 4711 Seashore adherence. Drive 15-10 A. Identity current & present PARKING behaviors of staff 3. Develop assessment to To be measured by: 9/20/2013- indefinite Ongoing measure effectiveness & a. Documenting actions and impact of smoking and accomplishments of Objective 1, parking policies 2 4. Develop ongoing Documented by activities and supportive environment accomplishments from Objectives 1 9/20/13 — indefinite Ongoing between SLBTS and and 2. City of Newport Beach 5. Staff Training a. Discuss situation with current 9/30/15 - indefinite ongoing Landing director. b. Review all Newport City 9/30/15 — indefinite ongoing guidelines with all staff moving forward on an annual basis. c. Review all Newport City 9/30/15 — indefinite ongoing guidelines with all managers on a 1 basis. d. When new director is assigned 9/30/15 — indefinite ongoing to either The Rose or The Landing as part of their orientation they will review the Newport City guidelines. #6 of Operational Regulations: Sober Living continuously operates a 24 hour per day hotline for receiving inquiries and/or complaints. The number is 949.554.1147. No complaints received. #7 of Operational Regulations: Quiet hours have been observed as outlined in the Zoning Agreement. These hours are Sunday through Thursdayl0 pm to 7 am and Friday through Saturday 11 pm to 7 am. No complaints have been received. # 8 of the Operational Regulations: SLBTS's staff comply with all of the rules surrounding the routes that vans drive. No complaints received #9 of the Operational Regulations: SLBTS is in compliance with the regulations related to deliveries of goods and services. No complaints received #10 of the Operational Regulations: SLBTS willing participates in activities of any stake holder committee or group established by the City to address complaints and concerns of residents of the City. To date no such participation has been requested. #11 of the Operational Regulations: SLBTS strictly adheres to the regulation which does not allow for no more then two (2) clients are in any bedroom in the Facilities. 15-11 Operations for Villa Way Facility (now 2800 Lafayette), Newport Beach The office at 2811 Villa Way was relocated to 2800 Lafayette on May 1, 2013. We met with the City of Newport and received permission to relocate our administrative services to that building. Below are the conditions set forth in the zoning agreement: 1. The use of 2800 Lafayette Avenue is limited to only office uses for Sober Living, client check-in, and a small ancillary computer lab (5-7 stations). Client group meetings, client picking up and/or consuming prescriptions, or client consulting with a nurse shall not occur at 2800 Lafayette Avenue. Sober Living is in compliance with this condition. 2. Client check-in shall be limited to 7:OOam to 5:OOpm. — Sober Living is in compliance with this condition. 3. Client use of the computer lab shall be limited to 9:OOam to 4:OOpm. Sober Living is in compliance with this condition. 4. Clients may use the building entrance facing 28a' Street, but should neighborhood concerns result, the client entrance shall be relocated to the Lafayette Avenue entrance. Sober Living is in compliance with this condition. 5. Outside congregation is prohibited at 2800 Lafayette Avenue. Sober Living is in compliance with this condition. 6. The outdoor upstairs patio at 2800 Lafayette Avenue shall be used by employees only and not be used as a client congregation area. Smoking is prohibited on the public boardwalk adjacent to 2800 Lafayette Avenue pursuant to Municipal Code Section 11.04.080. Sober Living is in compliance with this condition. 7. Provide a revised set of floor plans for 2800 Lafayette Avenue showing the uses for each area for review and approval by the Community Development Director. Sober Living complied with this condition. 8. Clients will not be allowed to assemble at 2800 Lafayette Avenue for the purpose of being transported to another location. Sober Living is in compliance with this condition. In addition to these conditions we have also transitioned our hotline to the new facility at 2800 Lafayette. We also continue to hold meetings for the clients at 2809 Villa Way. The parking lot that was provided to us as part of the lease for 2800 Lafayette is located at 2805 Villa Way. Newport City has given permission to use this lot under the following conditions: 1. Provide 13 off-site parking spaces at 2805 Villa Way which will be used for vehicle parking and storage by Sober Living staff and transport vans. All vehicles associated with Sober Living shall be parked at this lot rather than on City streets or public parking lots. For instance Sober Living vans shall be parked on the lot rather than on City streets in the surrounding neighborhood or the City parking lot. Sober Living is in compliance with this condition. 15-12 2. Screen re -located bike racks within a secured enclosure. Sober Living was able to keep the bike racks and bikes at the current location behind 2811 Villa Way and no change was needed. This was approved by Newport City. 3. Re -strip parking lot subject to review and approval by the Community Development Department (Building Permit required). Sober Living complied with this condition and the work is complete. 4. Upgrade existing landscaping subject to review and approval by the Community Development Director. Sober Living complied with this condition and the work is complete. 5. Provide plan of parking lot and bike racks with enclosure as conditioned above for plan check. Sober Living was able to keep bike racks in the same place that was approved. 6. Clients will not be allowed to assemble at the parking lot for the purpose of being transported to another location. Sober Living is in compliance with this condition. Group Size/Frequencv Compliance Report: SLBTS is in compliance with the numbers of groups and clients permitted to attend meetings at 2809 Villa Way. SLBTS maintains a calendar of meetings and an attendance data for each group. SLBTS then summarizes this information into a tracking report that outlines the exact number of clients that have attended the meetings scheduled at Villa Way. The numbers are well within the permitted limits. 15-13 SLBTS Attendance Tracking Form September 2014 Week 1 Week 2 Week 3 Week 4 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Sep 1 7 Sep 8 9 Sep 15 9 Sep 22 8 Sep 1 7 Sep 8 8 Sep 15 8 Sep 22 9 Sep 2 8 Sep 9 9 Sep 16 8 Sep 23 9 Sep 2 8 Sep 9 9 Sep 16 8 Sep 23 9 Sep 3 7 Sep 10 9 Sep 17 9 Sep 24 8 Sep 3 8 Sep 10 9 Sep 17 8 Sep 24 7 Sep 4 9 Sep 11 9 Sep 18 8 Sep 25 7 Sep 4 8 Sep 11 8 Sep 18 9 Sep 25 8 Sep 5 9 Sep 12 8 Sep 19 8 Sep 26 8 Sep 5 9 Sep 12 9 Sep 19 9 Sep 26 8 Attendee 8 Attendee 8.7 Attendee 8.4 Attendee 8.1 Meeting 10 Meeting 10 Meeting 10 Meeting 10 Week 5 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Sep 29 9 Sep 29 9 Sep 30 8 Sep 30 8 Attendee 8.5 Meeting 4 15-14 SLBTS Attendance Tracking Form October 2014 Week 1 Week 2 Week 3 Week 4 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Oct 1 9 Oct 6 9 Oct 13 10 Oct 20 10 Oct 1 9 Oct 6 9 Oct 13 10 Oct 20 10 Oct 2 10 Oct 7 9 Oct 14 11 Oct 21 11 Oct 2 10 Oct 7 9 Oct 14 10 Oct 21 11 Oct 3 10 Oct 8 10 Oct 15 11 Oct 22 11 Oct 3 10 Oct 8 10 Oct 15 11 Oct 22 10 Oct 30 10 Oct 9 10 Oct 16 11 Oct 23 10 Oct 30 11 Oct 9 11 Oct 16 10 Oct 23 11 Oct 31 11 Oct 10 11 Oct 17 10 Oct 24 10 Oct 31 11 Oct 10 10 Oct 17 10 Oct 24 11 Attendee 9.6 Attendee 9.8 Attendee 10.4 Attendee 10.5 Meeting 6 Meeting 10 Meeting 10 Meeting 10 Week 5 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Oct 27 11 Oct 27 11 Oct 28 10 Oct 28 10 Oct 29 10 Oct 29 10 Oct 30 10 Oct 30 11 Oct 31 11 Oct 31 11 Attendee 10.5 Meeting 10 15-15 SLBTS Attendance Tracking Form November 2014 Week 1 Week 2 Week 3 Week 4 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Nov 3 10 Nov 10 10 Nov 17 10 Nov 24 11 Nov 3 10 Nov 10 11 Nov 17 10 Nov 24 11 Nov 4 11 Nov 11 10 Nov 18 11 Nov 25 10 Nov 4 10 Nov 11 11 Nov 18 11 Nov 25 10 Nov 5 9 Nov 12 10 Nov 19 10 Nov 26 11 Nov 5 10 Nov 12 11 Nov 19 10 Nov 26 11 Nov 6 11 Nov 13 11 Nov 20 10 Nov 27 10 Nov 6 11 Nov 13 10 Nov 20 9 Nov 27 10 Nov 7 10 Nov 14 10 Nov 21 9 Nov 28 10 Nov 7 10 Nov 14 11 Nov 21 10 Nov 28 10 Attendee 10.2 Attendee 10.5 Attendee 10 Attendee 10.4 Meeting 10 Meeting 10 Meeting 10 Meeting 10 Week 5 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Attendee Meeting 15-16 SLBTS Attendance Tracking Form December 2014 Week 1 Week 2 Week 3 Week 4 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Dec 1 10 Dec 8 10 Dec 15 11 Dec 22 11 Dec 1 10 Dec 8 11 Dec 15 11 Dec 22 11 Dec 2 9 Dec 9 11 Dec 16 11 Dec 23 11 Dec 2 10 Dec 9 10 Dec 16 10 Dec 23 12 Dec 3 10 Dec 10 11 Dec 17 10 Dec 24 11 Dec 3 11 Dec 10 11 Dec 17 11 Dec 24 11 Dec 4 11 Dec 11 10 Dec 18 11 Dec 25 11 Dec 4 10 Dec 11 10 Dec 18 11 Dec 25 10 Dec 5 10 Dec 12 10 Dec 19 11 Dec 26 10 Dec 5 10 Dec 12 11 Dec 19 10 Dec 26 11 Attendee 10.1 Attendee 10.5 Attendee 10.7 Attendee 10.9 Meeting 10 Meeting 10 Meeting 10 Meeting 10 Week 5 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Dec 29 11 Dec 29 11 Dec 30 12 Dec 30 12 Dec 31 11 Dec 31 11 Attendee 11.3 Meeting 10 15-17 SLBTS Attendance Tracking Form January 2015 Week 1 Week 2 Week 3 Week 4 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Jan 5 12 Jan 12 13 Jan 19 11 Jan 26 11 Jan 5 11 Jan 12 12 Jan 19 12 Jan 26 9 Jan 6 12 Jan 13 12 Jan 20 12 Jan 27 11 Jan 6 11 Jan 13 11 Jan 20 12 Jan 27 9 Jan 7 11 Jan 14 11 Jan 21 14 Jan 28 11 Jan 7 13 Jan 14 11 Jan 21 11 Jan 28 10 Jan 8 12 Jan 15 12 Jan 22 13 Jan 29 11 Jan 8 11 Jan 15 12 Jan 22 12 Jan 29 9 Jan 9 13 Jan 16 11 Jan 23 11 Jan 30 10 Jan 9 12 Jan 16 12 Jan 23 10 Jan 30 9 Attendee 11.8 Attendee 11.7 Attendee 11.8 Attendee 10 Meeting 10 Meeting 10 Meeting 10 Meeting 10 15-18 SI.BTS Attendance Tracking Form February 2015 Week i Week 2 Week 3 Week 4 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Feb 2 10 Feb 9 12 Feb 16 12 Feb 23 12 Feb 2 11 Feb 9 12 Feb 16 12 Feb 23 10 Feb 3 11 Feb 10 12 Feb 17 12 Feb 24 11 Feb 3 11 Feb 10 11 Feb 17 11 Feb 24 11 Feb 4 11 Feb 11 12 Feb 18 13 Feb 25 12 Feb 4 10 Feb 11 11 Feb 18 11 Feb 25 10 Feb 5 12 Feb 12 12 Feb 19 13 Feb 26 12 Feb 5 11 Feb 12 11 Feb 19 11 Feb 26 10 Feb 6 12 Feb 13 11 Feb 20 11 Feb 27 10 Feb 6 11 Feb 13 11 Feb 20 10 Feb 27 9 Attendee 11 Attendee 12.6 Attendee 11.6 Attendee 10.7 Meeting 10 Meeting 10 Meeting 10 Meeting 10 15-19 SLBTS Attendance Tracking Foran March 2015 Week 1 Week 2 Week 3 Week 4 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Mar 2 12 Mar 9 12 Mar 16 12 Mar 23 9 Mar 2 12 Mar 9 12 Mar 16 10 Mar 23 9 Mar 3 12 Mar 10 12 Mar 17 11 Mar24 10 Mar 3 11 Mar 10 11 Mar 17 11 Mar 24 10 Mar 4 12 Mar 11 13 Mar 18 12 Mar 25 9 Mar 4 11 Mar 11 11 Mar 18 10 Mar 25 10 Mar 5 12 Mar 12 13 Mar 19 12 Mar 26 10 Mar 5 11 Mar 12 11 Mar 19 10 Mar 26 10 Mar 6 11 Mar 13 11 Mar 20 10 Mar 27 10 Mar 6 11 Mar 13 10 Mar 20 9 Mar 27 10 Attendee 12.6 Attendee 11.6 Attendee 10.7 Attendee 9.7 Meeting 10 Meeting 10 Meeting 10 Meeting 10 Week 5 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Mar 30 10 Mar 30 11 Mar 31 11 Mar 31 10 Attendee 10.5 Attendee Attendee Attendee Meeting 10 Meeting Meeting Meeting 15-20 SLBTS Attendance Tracking Form April 2015 Week 1 Week 2 Week 3 Week 4 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Apr 1 12 Apr 6 12 Apr 13 12 Apr 20 11 Apr 1 11 Apr 6 11 Apr 13 12 Apr 20 12 Apr 2 11 Apr 7 12 Apr 14 12 Apr 21 12 Apr 2 11 Apr 7 11 Apr 14 12 Apr 21 12 Apr 3 11 Apr 8 12 Apr 15 12 Apr 22 13 Apr 3 10 Apr 8 11 Apr 15 12 Apr 22 11 Apr 30 12 Apr 9 13 Apr 16 11 Apr 23 13 Apr 30 11 Apr 9 11 Apr 16 12 Apr 23 12 Attendee 12 Apr 10 13 Apr 17 11 Apr 24 12 Meeting 8 Apr 10 11 Apr 17 11 Apr 24 10 Attendee 11 Attendee 11.7 Attendee 11.7 Attendee 11.8 Meeting 6 Meeting 10 Meeting 10 Meeting 10 Week 5 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Apr 27 12 Apr 27 12 Apr 28 12 Apr 28 13 Apr 29 12 Apr 29 12 Apr 30 12 Apr 30 11 Attendee 12 Attendee Attendee Attendee Meeting 8 Meeting Meeting Meeting 15-21 SLOTS Attendance Tracking Foran May 2015 Week 1 Week 2 Week 3 Week 4 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee May 1 10 May 4 9 May 11 11 May 18 11 May 1 10 May 4 9 May 11 11 May 18 11 May 26 11 May 5 10 May 12 11 May 19 11 May 26 11 May 5 9 May 12 10 May 19 11 May 27 10 May 6 11 May 13 9 May 20 10 May 27 10 May 6 11 May 13 9 May 20 10 May 28 11 May 7 10 May 14 9 May 21 10 May 28 11 May 7 10 May 14 10 May 21 10 May 29 12 May 8 9 May 15 10 May 22 11 May 29 12 May 8 10 May 15 10 May 22 10 Attendee 10 Attendee 9.8 Attendee 10 Attendee 10.5 Meeting 10 Meeting 10 Meeting 10 Meeting 10 Week 5 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee May 25 12 May 25 11 May 26 11 May 26 11 May 27 10 May 27 10 May 28 11 May 28 11 May 29 12 May 29 12 Attendee 11.1 Attendee Attendee Attendee Meeting 10 Meeting Meeting Meeting 15-22 SLBTS Attendance Tracking Form June 2015 Week i Week 2 Week 3 Week 4 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Jun 1 11 Jun 8 11 Jun 15 10 Jun 22 9 Jun 1 11 Jun 8 10 Jun 15 10 Jun 22 9 Jun 2 10 Jun 9 9 Jun 16 10 Jun 23 10 Jun 2 10 Jun 9 10 Jun 16 11 Jun 23 11 Jun 3 11 Jun 10 10 Jun 17 10 Jun 24 11 Jun 3 11 Jun 10 9 Jun 17 10 Jun 24 10 Jun 4 10 Jun 11 9 Jun 18 9 Jun 25 10 Jun 4 10 Jun 11 10 Jun 18 9 Jun 25 10 Jun 5 10 Jun 12 10 Jun 19 9 Jun 26 9 Jun 5 10 Jun 12 9 Jun 19 10 Jun 26 Attendee 10.4 Attendee 9.7 Attendee 9.8 Attendee 8.9 Meeting 10 Meeting 10 Meeting 10 Meeting 10 Week 5 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Jun 29 9 Jun 29 9 Jun 30 9 Jun 30 10 Attendee 9.25 Attendee Attendee Attendee Meeting 4 Meeting Meeting Meeting 15-23 SLBTS Attendance Tracking Form July 2015 Week 1 Week 2 Week 3 Week 4 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Jul1 10 Jul6 10 Jul 13 10 Jul 20 11 Jul1 10 Jul6 10 Jul 13 9 Jul 20 11 Jul2 9 Jul? 11 Jul 14 9 Jul 21 10 Jul 2 10 Jul 7 11 Jul 14 10 Jul 21 10 Jul3 10 Jul8 10 Jul 15 10 Jul 22 11 Jul3 9 Jul8 11 Jul 15 10 Jul 22 10 Jul 30 10 Jul9 it Jul 16 11 Jul 23 11 Jul 30 11 Jul 9 it Jul 16 11 Jul 23 10 Jul 31 11 Jul 10 10 Jul 17 10 Jul 24 10 Jul 31 11 Jul 10 10 Jul 17 10 Jul 24 11 Attendee 9.6 Attendee 10.5 Attendee 10 Attendee 105 Meeting 6 Meeting 10 Meeting 10 Meeting 10 Week 5 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Jul 27 11 Jul 27 11 Jul 28 10 Jul 28 10 Jul 29 10 Jul 29 10 Jul 30 10 Jul 30 11 Jul 31 11 Jul 31 11 Attendee 10.5 Meeting 10 15-24 SLBTS Attendance Tracking Form August 2015 Week 1 Week 2 Week 3 Week 4 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Aug 3 30 Aug 10 11 Aug 17 10 Aug 24 12 Aug 3 11 Aug 10 11 Aug 17 10 Aug 24 12 Aug 4 11 Aug 11 10 Aug 18 11 Aug 25 11 Aug 4 12 Aug 11 10 Aug 18 11 Aug 25 11 Aug 5 11 Aug 12 11 Aug 19 11 Aug 26 10 Aug 5 11 Aug 12 11 Aug 19 10 Aug 26 11 Aug 6 12 Aug 13 12 Aug 20 12 Aug 27 10 Aug 6 12 Aug 13 12 Aug 20 10 Aug 27 11 Aug 7 12 Aug 14 12 Aug 21 12 Aug 28 12 Aug 7 11 Aug 14 11 Aug 21 11 Aug 28 10 Attendee 12.5 Attendee 11.1 Attendee 10.8 Attendee 11 Meeting 10 Meeting 10 Meeting 10 Meeting 10 Week 5 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Aug 31 Aug 31 10 11 Attendee Meeting 10.5 2 15-25 SLBTS Attendance Tracking Foran September 2015 Week 1 Week 2 Week 3 Week 4 Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Sep 1 10 Sep 7 12 Sep 14 10 Sep 21 11 Sep 1 11 Sep 7 12 Sep 14 it Sep 21 10 Sep 2 11 Sep 8 11 Sep 15 11 Sep 22 11 Sep 2 10 Sep 8 11 Sep 15 11 Sep 22 11 Sep 3 11 Sep 9 12 Sep 16 10 Sep 23 11 Sep 3 it Sep 9 12 Sep 16 10 Sep 23 11 Sep 4 11 Sep 10 11 Sep 17 12 Sep 24 12 Sep 4 11 Sep 10 11 Sep 17 11 Sep 24 11 Sep 11 11 Sep 18 11 Sep 25 Sep 11 10 Sep 18 10 Sep 25 Attendee 10.75 Attendee 11.3 Attendee 10.7 Attendee Meeting 8 Meeting 10 Meeting 10 Meeting Week S Meeting Attendee Meeting Attendee Meeting Attendee Meeting Attendee Attendee Meeting 15-26 Attachment B Zoning Agreement 15-27 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 Reoordacl in Official Records, Orange County 70111 naiY, Clerk-Racordor I�IE I Illli ll l[1Ilf ll ill 01011111111111111111NO FEE 2009000511876 09:49pm 90123/09 295 28 Al2 31 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 [Exempt from Recordation Fee per Government Code Section 27383 CONFORMED COPY Nv# t;ompared with Original ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT 15-28 zoning Agmamant ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT (Pursuant to Callfornla Government Code §§85869-651369.5) This Zoning Implementation and Public Benefit Agreement (the Zoning Agreement") is entered Into on September 30 2009, by and between the CITY OF NEWPORT BEACH, a charter city ("City') and SORER LIVING BY THE SEA, INC., a CALIFORNIA CORPORATION, COMPREHENSIVE ADDICTION PROGRAMS, INC., a Delaware Corporation, CRO HEALTH CORPORATION, a Delaware Corporation, CRC HEALTH GROUP, INC., a Delaware Corporation (collectively referred to as "Operator"). City and Operator and Operator's Affiliates as herein defined, are sometimes collectively referred to In the Zoning Agreement as the " Partles" and Individually as a "Party." RECITALS A. The City Council hereby finds this zoning Agreement is consistent with provisions of California Government Code §65867, and the City of Newport Beach Municipal Code Chapter 15.45 and the City's General Plan. B. On November 20, 2008, City's Planning Commission held a public hearing on this Zoning Agreement, made findings and determinations with respect to this Zoning Agreement, and recommended to the City Council that the City Council approve this Zoning Agreement. C. On January 27, 2009, the City Council also held a public hearing on this. Zoning Agreement and considered the Planning Commission's recommendations and the testimony and Information submitted by City staff, Operator and members of the public. On February 10, 2009, pursuant to the applicable state law (California Government Code §§65864-65869.5) and local law (City of Newport Beach Municipal Code Chapter 15.45), the City Council passed Its Ordinance No. 009_4 finding this Zoning Agreement to be consistent with the City of Newport Beach-eemal Plan and approving this zoning Agreement, D. This Zoning Agreement allows Sober living a vested right to: (i) operate 156 beds of recovery facilities within the area they are currently operating, and as more particulariy defined In Exhibit b attached (the "Peninsula Zone"), and (ii) up to an additional 48 beds outslde•of the Peninsula Zone and within zones accommodating multi -family residential uses, In compliance with the terms of this zoning Agreement. E. This Zoning Agreement also memorializes uses granted to and conditions agreed to by Sober Living on August 25, 2006 regarding Its administrative offices at 2819 Villa Way (Exhibit C attached hereto). AGREEMENT NOW, THEREFORE, City and Operator agree as follows: 1. Definitions. The following terms when used In this Zoning Agreement shall have the meanings set forth below: 15-29 Zoning Agreement A. "Affiliate" shall mean a person or entity that is directly or Indirectly controlled by Operator. B. "City Council" shall mean the governing body of City. C_ "Control" (Including the terms "controlling," "controlled by," and "under common control with") shall mean the possession, direct or indirect, of the power to direct or cause .the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. D. "Facility' (or "Facilities") is a residential unit used or occupied by persons In recovery from alcoholism and or drug abuse. Facilities may be "Licensed Facilities" or "Sober Living Homes." As used in this Agreement, all Facilities constitute "residential care facility" uses within the context of the City's zoning ordinance, E. "General Plan" shall mean City's 2006 General plan adopted by the City Council on July 25, 2006, by Resolution No. 2006-76. The Land Use Plan of the Land Use Element of the General.Pfan was approved by City voters In a general election on November 7, 2006, F. "Licensed Facilities" shall mean alcoholism and drug abuse recovery facilities licensed by the California department of Alcohol and Drug Programs ("ADP"). G. "Party' or "Parties' shall mean either City or Operator or any of Operator's Affiliates or both, as determined by the context. H. "Property' Is described In Exhibit A and consists of a list of addresses of properties currently operated by Operator as Licensed Facilities and Sober Living Homes in R- 1, R-1%2 , R-2 and multi-famlly residential ('MFR") and certain Specific Plan District zones within City. "property' Includes the rights to operate all of those properties as well as other properties not presently identifiable which may be utilized by Operator as Facilities hereunder. 1. "Sober Living Homes" shall mean alcoholism and drug abuse recovery facilities not licensed by ADP. J. "Term' shall have the meaning ascribed in Section 11 of this Zoning Agreement. 2. Significant Public Bengfitg. The significant public benefits that this Zoning Agreement provides Include, but are not limited to: A. Settlement and avoidance of costs of a pending lawsuit, including attorneys fees; B. Preservation of the regulatory ordinance which was the subject matter of the lawsuit, C. Requested termination of a related federal administrative proceeding, 0. A reduction of and €imitation on the size of a residential care operation 1n the City, Including a limitation on 6 or under licensed Facilitles, E. Dispersal of Llcensed Facilities and Sober Living Homes to reduce the concentration thereof, E, 15-30 Zoning Agreement F. The placement of operational controls on said facilities to reduce perceived negative Impacts on residential neighborhoods. 3. General Plan Consistency and Zoning fm f mentatla . This Zoning Agreement and the regulations applied herein to the Property ("Applicable Regulations" hereinafter) will cause City's zoning and other land use regulations for the Property to remain consistent with the General Pian. 4, Warranties and Representations, Both parties represent that they have legal authority to enter Into this Zoning Agreement and the remainder of the agreements and documents that comprise the settlement documents herein, and that the necessary authorizations have been obtained, by resolution or other action, and that the persons whose names appear as signatories below were authorized to accept this zoning Agreement on behalf of the Party under whose name they signed. A. Each Party specifically represents and warrants that it has the legal authority to enter Into a Zoning Agreement of the type and kind herein, and, B. The City represents and warrants that this zoning Agreement and the regulations applied to the Property ("The Applicable Regulations") are: i. Consistent with the General Plan for the City and any Specific Plans that apply to the area In which any portion of the Property Is located, and €l. Consistent with the Local Coastal Land Use Plan ("CLUP) for the City of Newport Beach and that the CLUP has been approved by the California Coastal Commission, 5. Operation of Property: Applicable „i equfatlons. Other than as expressly set forth In this Zoning Agreement, during the Term of this Zoning Agreement, the terms and conditions concerning the operation of the Properly, Including but not limited to the permitted uses and density and Intensity of use and the location of buildings Involved shall be those set forth In the "Applicable Regulations" delineated In Exhibit B and as set forth In Section 6 below, During the term of this Zoning Agreement, City shall not prevent operation of the Property that Is in compliance with the Applicable Regulations and all other applicable laws and regulations specified In Section 9 hereof: 6. Operator's Vested Rights. During the Term of this Zoning Agreement, except to the extent City reserves its discretion as expressly set forth in this Zoning Agreement or In the Applicable Regulations and all other applicable laws and regulations specified In Section 9 hereof, Operator shall have the vested right, within the limits and constraints of the Applicable Regulations, to conduct its operation of Licensed Facilities and Sober Living Homes on the Property. The latter from City to Operator dated August 25, 2005 regarding Operator's leased office and meeting facility at 2811 Villa Way ("Villa Way") Is incorporated herein by reference as Exhibit C. City acknowledges that Operator has complied with all conditions set out In Exhibit C except for Paragraph 12 relating to parking. City acknowledges Operator has been exercising due diligence to complete the parking lot which Is unfinished due to circumstances beyond Operator's control. Operator agrees to use good faith efforts to got the parking lot at Villa Way completed. In the event meetings are no longer held at Villa Way, the currently permitted non- conforming right to use said property as an office use shall continue until termination of this Zoning Agreement, The Operator's leased property at 505 2911 Street, commonly known as 3 15-31 Zoning Agreement "The Vlctorian," is a legal nonconforming single family residence and shall be treated as a Licensed Facility. In the event Ordinance No. 2008.8 is repealed by action of the City Council or the electorate or If said Ordinance is declared Invalid or unenforceable by a court of competent jurisdiction, then the Operator will no longer be bound by the provision of Paragraph 8 of Exhibit B as to the limit of one Licensed Facility or Sober Living Home per block In the event other operators open facilities on the same block. 7. ollce Power, In all respects not provided for In this Zoning Agreement, City shall retain full rights to exercise City's pollee power to regulate the operation of Residential Care Facilities on the Property provided such powers are applied consistently with the provisions of state law and Section C2 of Exhibit B to this Zoning Agreement. 8. No_Confllcting Enactments: During the Term of this Zoning Agreement City shall not apply to the Property any City -adopted ordinance, policy, rule, regulation, or other measure relating to the operation of Facilities on the Property to the extent It conflicts with this Zoning Agreement. 9, Reservations,of Authorl y. Notwithstanding any provisions set forth In this zoning Agreement to the contrary, the laws, rules, regulations, and offlolal policies set forth In this '} Section 9 shall apply to and govt en the development and operations of the Property: A. Procedural Regulations. Then current procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure shall apply to the Property, provided that they are adopted and applied City-wide or to all other properties consistent with the provision of Section C2 of Exhibit B. B. Consistent City Regulations. City ordinances, resolutions, regulations, and official pollcles governing development and building which do not conflict with the Applicable Regulations, or with the provisions of Section 02 of Exhibit B where Operator has consented In writing to the regulations, shall apply to the Property. C. Public Health and Safety. Any City ordinance, regulation, rule, regulation, program, or official policy, that Is necessary to protect parsons on the Property or in the Immediate community from conditions dangerous to their health or safety shall apply to the Property, consistent with Section C2 of Exhibit S. 10. No Auenev. Neither Party Is acting as the agent of the other in any respect, and each Party Is an independent contracting entity with respect to the terms, covenants, and conditions contained In this Zoning Agreement, This Zoning Agreement forms no partnership,. Joint venture, or other association of any kind. The only relationship between the Parties Is that of a government entity regulating the operation of private property by the owner or lessee of the property. 11. Effective Date: Term. This Zoning Agreement shall not become effective, and except as set forth In Subsection C of this Section 11, neither party shall have any rights or obligations hereunder, until the "Effective Date." A, Effective Date of This Zoning Agreement : Th€s Zoning Agreement shall become effective on: 4 15-32 Zoning Agreement I. The 91st day following the City Council's passage of the ordinance approving this Zoning Agreement, or 11. If a referendum or other elective challenge to the ordinance approving this Zoning Agreement qualifies to be placed on the ballot, then on the 31st day after the City Clerk certifies that the referendum or other elective challenge has failed to pass, or iii. If litigation Is Instituted to challenge this Zoning Agreement prior to the Effective Date established In accordance with Section 11 A. 1. and Ii above, then on the 31st day after the litigation is terminated, the time for appeal has expired, and the legal challenge has been unsuccessful. B. Term, The term of this Zoning Agreement (the "Term") shall commence on the Effective Date and shall expire at the conclusion of the 26th year thereafter. However In no event shall the term of this Zoning Agreement exceed thirty (30) years after its execution. C. Stay of. Ordinance 2008.05 Pending Effective Date. Prior to the effective date of the ordinance adopting this zoning Agreement, or that date upon which It becomes clear that there shall be no Effective Date, whichever Is later, the Operator's use permit process shall be tolled, and the City shall not otherwise enforce the provisions of Ordinance 2448-5. 12. Amendment pr Cancellation of Zoning Areeme t. Other than modifications of this Zoning Agreement under Section 9C of this Zoning Agreement, this Zoning Agreement may be amended or canceled in whole or in part only by mutual written and executed consent of the Parties In compliance with California Government Code §66868 and City of Newport Beach Municipal Code §16.46.060. 13. Enforcement. Unless amended or canceled as provided In Section 12 of this Zoning Agreement, or modified or suspended pursuant to California Government Code §65869.6, this zoning Agreement is enforceable by either Party despite any change in any applicable general or specific pian, zoning, subdivision, or building regulation or other applicable ordinance or regulation adopted by City (Including by City's electorate) that purports to apply to any or all of the Property. 14. perio�lc _Review of Compliance. City and Operator shall each comply In good faith with the terms of this Zoning Agreement, The Parties shall review this zoning Agreement at least once every 12 months from the Effective Date for good faith compliance with Its terms consistent with California Government Code §65865 and §65866.1 and City of Newport Beach Municipal Code §15.45.070. At the reviews, Operator shall demonstrate its good faith compliance with this Zoning Agreement and shall document the current'status of Its operation. Operator also agrees to furnish evidence of good faith compliance as City may require In the reasonable exercise of its discretion and after reasonable notice to Operator. On or before December 31 and June 30 of each year during the Term of this Zoning Agreement, Sober Living shall submit a Compliance Review Report, whose template is attached as Exhibit G. The requirement of good faith compliance shall be met upon the submittal to the City of an accurate form showing information relating to facility locations and bed counts. City shall have the right to audit the accuracy of the form through on-site Inspections of the Facilities at mutually - agreeable times and during regular business hours. -61 15-33 Zoning Agreement 15. -Events of Default. A. Default by Operator, Pursuant to California Government Code §65865.1, if City determines that Operator has not complied in good faith with Operator's obligations pursuant to this Zoning Agreement, City shall by written notice to Operator specify the manner In which Operator has failed to comply and state the steps Operator must take to bring Itself into compliance. If Operator does not commence compliance within 30 days after receipt of the written notice from City specifying the manner In which Operator has failed to comply, and diligently pursue steps to achieve full compliance, then Operator shall be deemed to be in default under the terms of this Zoning Agreement. City may then seek available remedies as provided in Section 15.0 of this Zoning Agreement. B. Default by City. If City has not compiled with any of its obligations and limitations under this Zoning Agreement, Operator shall by written notice to City specify the manner In which City has failed to comply and state the steps necessary for City to bring itself Into compliance. If City does not commence compliance within 30 days after receipt of the written notice from Operator specifying the manner In which City has failed to comply, and diligently pursue steps to achieve full compliance, then City shall be deemed to be in default under the terms of this Zoning Agreement. Operator may then seek a specific performance or similar equltable remedy as provided in Section 15,C of this Zoning Agreement C. Specific Performance and Damages Remedies. The Parties acknowledge that remedies at law generally are Inadequate and that specific performance is appropriate for the enforcement of this Zoning Agreement, The remedy of specific performance or, In the alternative, a writ of mandate, shall be the sole and exclusive remedy available to either Party In the event of the default or alleged default by the other. Prior to exercising such a remedy, the Party seeking to do so shall submit the matter to nonbinding arbitration through JAMS or another arbitrator mutually acceptable. D. Recovery of Legal Expenses by Prevailing Party in Any Action. In any judiclaj proceeding ("Action") between the Parties that seeks to enforce the provisions of this Zoning Agreement, the prevailing Party shall recover all of its actual and reasonable costs and expenses. These costs and expenses Include expert witness fees, attorneys' fees, and costs of investigation and preparation before Initiation of the Action. The right to recover these costs and expenses shall accrue upon initiation of the Action. 16. Cooperation. Each Party covenants to take all reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Zoning Agreement. 17, force Mglgure. Neither Party shall be deemed to be In default where failure or delay In performance of any of its obligations under this zoning Agreement is caused, through no fault of the Party whose performance Is prevented or delayed, by'floods; earthquakes, other acts of God, fires, war, rlots or similar hostilities, strikes or other labor difficulties, state or federal regulations, or court actions. 18. JbI d Party legal Challengg. If a third party brings a legal action challenging the validity or enforceability of any provision of this Zoning Agreement or the Applicable Regulations or the manner in which the ordinance approving this Zoning Agreement was processed and approved, including the application of the California Environmental Quality Act to that process, ("Third Party Legal Challenge") the parties shall defend the Third Party legal Challenge jointly, 15-34 Zoning Agreement and each party shall be responsible for Its legal expenses incurred In connection with the Third Party Legal Challenge, 10, Right to Assign, Operator shall have the right to transfer or assign the rights and obligations contained herein in whole to any person, partnership, joint venture, firm, or corporation at any time during the Term of this Zoning Agreement without the consent of City. Upon the effective date of any such transfer or assignment of the Property, the transferor - assignor shall notify City of the name and address of the transferee. Any assignment of this Zoning Agreement must be pursuant to a sale or transfer of Operator's rights in the entirety of the Property. Any sale or transfer of the Property shall Include the assignment and assumption of the rights, duties, and obligations arising from this Zoning Agreement to the transferee with respect to all of the Property. Operator shall no longer be obligated under this Zoning Agreement for the property if Operator Is not In default under this zoning Agreement at the time of the sale or transfer. 20, Zonlng-Agreemont Binding on 9uccessorsand Assl s. The burdens of this Zoning Agreement are binding upon, and the benefits of this Zoning Agreement shall Inure to, all successors in interest of the Parties to this Zoning Agreement. 21. Estoppel_ Certificate, At any time, either Party may deliver written notice to the other Party requesting that the Party certify in writing that, to the best of its knowledge; A. This zoning Agreement is in full force and effect and Is binding on the Party; B. This zoning Agreement has not been amended or modified either orally or In writing. If this Zoning Agreement has been amended, the Party providing the certification shall Identify the amendments; and C. The requesting Party Is not In default In the performance of its obligations under this Zoning Agreement. If the requesting party is in default, the other Party must describe the nature of the default. The requesting party shall execute and return the certificate within. sixty (60) days following receipt. Any assignee of a Party's rights and obligations hereunder, as referred to in this Section 21, shall be entitled to rely on the certificate. 22. Further Actions gndtrume f . Each Party shall cooperate with and provide reasonable assistance to the other Party to the extent consistent with and necessary to implement this Zoning Agreement. Upon the request of a Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit If reasonably required, and file or record the required instruments and writings and take any actions as may be reasonably necessary to Implement this Zoning Agreement or to evidence or consummate the transactions contemplated by this Zoning Agreement. 23, Notlees. Any notice or demand that shall be required or permitted by law or any provision of this Zoning Agreement shall be in writing. If the notice or demand will be served upon a Party, it either shall be personally delivered to the Party; deposited In the United States mail, certified, return receipt requested, and postage prepaid; or delivered by a reliable courier service that provides a receipt showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows: 7 15-35 Zoning Agreement To City: City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Reach, California 92663-3884 Attention: City -Manager Fax: 949-644-3020 With a copy to: City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92563-3884 To Operator: Sober Living by the Sea, Inc. 2811 Villa Way Newport Beach, California 92663 Attn: Executive Director With a copy to: CRO Wealth Group, Inc. 2400 Stevens Creek Boulevard, Suite 600 Cupertino, California 95014 Attn. General Counsel Pax: 415-368-8444 Either Party may change the address stated in this Section 23 by notice to the other Party In the manner provided In this Section 23, and notices shall be addressed and submitted to the new address. Notice shall be deemed to be delivered upon the earlier of; (a) the date received; or (b) three business days after deposit In the mall as provided above. 24. Rules of Construction and MIscell-aneogs Terms. A. Rules of Construction. The singular includes the plural; the masculine and neuter Include the feminine; "shall" Is mandatory; "may" Is permissive. B. Time is of the Essence. Time is of the essence regarding each provision of this Zoning Agreement In which time is an element. C, Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Zoning Agreement by the other Party, and failure by a Party to exercise Its rights upon a default by the other Party, shall not constitute a waiver of that Party's right to demand strict compliance by the other Party In the future. D. Counterparts. This .Zoning Agreement may be executed In two or more counterparts, each of which snail be identical and may be Introduced In evidence or used for any other purpose without any other counterpart, but all of which shall together constitute one and the same Zoning Agreement. E, Entire Agreement, 'Except for the Settlement Agreement, this Zoning Agreement constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter addressed In this Zoning Agreement. 15-36 zoning Agreement F. Construction. This zoning Agreement has been drafted after extensive negotiation and revision, Both City and Operator are sophisticated parties who were represented by independent counsel throughout the negotiations. City and Operator each agree and acknowledge that the terms of this Zoning Agreement are fair and reasonable, taking Into account their respective purposes, terms, and conditions. This Zoning Agreement shall therefore be construed as a whole consistent with Its fair meaning, and no principle or presumption of contract construction or interpretation shall be used to construe the whole or any part of this Zoning Agreement In favor of or against either party. G. No Third Party Beneficiaries. The only parties to this Zoning Agreement are City and Operator. This Zoning Agreement does not involve any third party beneficiaries, and It Is not intended and shall not be construed to benefit or be enforceable by any other person or entity, H. Applicable Law and Venue. This Zoning Agreement shall be construed and enforced consistent with the Internal laws of the State of California, Any action arising under this Zoning Agreement or brought by any Party for the purpose of enforcing, construing, or determining the validity of any provision of this Zoning Agreement shall be flied and tried In the Superior Court of the County of Orange, State of California, or the United States District Court for the Central District of California. The parties waive all provisions of law providing for the removal or change of venue to any other court. 1. Section Headings. All section headings and subheadings are Inserted for convenience only and shall not affect construction or interpretation of this Zoning Agreement. J. Authority to Execute. The persons executing this Zoning Agreement warrant and represent'that they have the authority to execute this Zoning Agreement on behalf of the entity for which they are executing this Zoning Agreement. They further warrant and represent that they have the authority to bind their respective Party to the performance of Its obligations under this zoning Agreement. CITY: CITY OFBEAC j ", By: Edward Selich Title: MAYOR OF NEWPORT BEACH OPERATOR: SOBER LIYJXQ BY THE SEA, INC. r' By: Kevin Hogge Title: CHIEF FINANCIAL OFFICER 9 15-37 zoning Agreement By: po'M � &. 6 J�� Pamela Burke Title: VICE PRESIDENT/SECRETARY OPERATOR; COMPREH SIVE ADDICTIONS PROGRAMS, INC. Kevin Hogge ai:_f Title: CHIEF FINANCIAL OFFICER Pamela -Burke Title; VICE PRESIDENT/SECRETARY OPERATOR: CRC HE CORPORATION By: Kevin Hogg Title; CHIEF FINANCIAL. OFFICER e�2j By; e-, Pamela Burke Title: VICE PRESIDENT/SECRETARY OPERATOR: CRC HEA GROUP, INC. By: - taz�� - Kevin Hogge Title: CHIEF FINANCIAL OFFICER By:T' &L P ela Burke Title. VICE PRESIDENT/SECRETARY ld 15-38 Zoning Agroomenl APPROVED AS TO FORM: By: David R. Hunt Title. CITY ATTORNEY, CITY OF NEWPORT BEACH ATTEST: Ey: Title: 46L -Q ba^,- Lellanf Brown J CITY CLERK, CITY OF NEE11 11 15-39 Zoning Agreement Exhibit A List of SLBTS Facilities 248- Via Lido Solid' ; :ADP Licensed 100 Via Antibes ADP Licensed 142 Via Antibes ' . ,4bP License 545 29th Street ADP Licensed 116 A .B' 34th Street Sober Living X.. 347 112 34th Street Sober Living X 309 112 34th Street Sober Livin X' 125 +1/2 139th Street ADP Licensed X 112 A &B- 40th Street ober Living 118 A & B 45th Street Sober Living X 122 "A &113 45th Street ADP. Licensed 5004 A & BNe tune Sober Living 514.1 AA 13'. fiver ADP Licensed ; 3960-80 Seashore ADP Licensed 4500-04 Seashore ADP Licensed 4711 Seashore ADP Licensed -4840. Seashore ADR.Llcbnsed -X' 4816 Seashore. Sober Living 5111 Seashore AC PI[censed 6110 W Oceanfront ADP Licensed Closed. or closin ' ' May not be closed if 4816 Seashore is closed 15-40 Zoning Agreement EXhIbIt B Applicable Regulations A. Number and Location of Facilities. Number and location of facilities which may be utilized as Licensed Facilities or Sober Living Homes. 1. On and after the Effective Date of the ordinance adopting this Zoning Agreement, there shall be no more than 20 beds occupied In the City at any time by persons who are patients, clients or customers of Sober Living, whether contained within Licensed Facilities or Sober Living Homes. More than one such facility may be operated in a single building, 2. On and after the effective dale of the ordinance adopting this Agreement, there small be no more than IN beds occupied in total In those parts of the City referred to as the Peninsula, Lido Isle, West Newport and Newport Shores (the "Peninsula Zone") as depleted In Exhibit D at any time by persons who are patients, clients or customers of Sober Living, whether contained within Residential Care Facilities, General, Residential Care Facilities, Small Licensed or Residential Care Facilities, Small Unlicensed as defined In §20.05.030 of the Newport Beach Municipal Code. 3. On and'after the effective date of the ordinance adopting this Agreement, there shall be no more than 12 beds (12 of the 156 described In Section A2 above) occupied Lido Isle at any time by persons who are patients, clients or customers of Sober Living, whether contained within Residential Care Facilities, General, Residential Care Facilities, Small Licensed or Residential Care Facilities, Small Unlicensed as defined In §20.03.030 of the Newport Beach Municipal Code. 4. On and after the effective date of the ordinance adopting this Agreement, all beds in the City In addition to those provided for In Sections A,2. and A.3. of this Exhibit B occupied at any time by persons who are patients, clients or customers of Sober Living, whether contained within Residential Cate Facilities, General, Residential Care Facilities, Small Licensed or Residential Care Facilities, Small Unlicensed as defined in §20.03.030 of the Newport Beach Municipal Code shall be located only In zones accommodating multi -family residential uses outside of the Peninsula Zone. Sober Living shall provide the City with the address of any new Facility resulting from placing beds per this section within thirty (30) days of establishing the Facility. 5. On and after the Effective Date of the ordinance adopting this Agreement, Sober Living shall locate all of Its newly established facilities utilized as Licensed Facilltles-or Sober Living Homes so that only one building shall contain such facilities, whether operated by Sober Living or any other person or entity, Is located either on a block in the City or across a bordering street. To facilitate transfers of properties to affain or maintain this "one building per block° standard, Sober Living may, for not more than 120 days, hold leases for two properties on one block If the properties are Involved in a Facility transfer. For purposes of this Agreement, a block is an area bounded by four streets (not alleys). 6. Except as provided in Section A.7. below, within thirty (30) months of the Effective Date of the ordinance adopting this Agreement, Sober Living shall relocate its presently operating facilities as necessary to comply with the criterion set forth In Sectlori A.S. above as to its presently operating Licensed Facilities and Sober living Homes. All such relocations must be to sites which have no other Facility, whether operated by Sober Living or 15-41 Zoning Agreement any other person or entity, either on the block to which the facility Is relocated or across a bordering street, 7. Notwithstanding the provisions of Section A.5 above, Sober Living may continue to operate Facilities at the following addresses during the term of this Agreement: • 912 40th Street and 3860-3980 Seashore (on the same block); • 122 45th Street and 4500-4504 Seashore(across a bordering street); 0 6110 Oceanfront and 6111 Ocean Front (across a bordering streettalley); and • 4711 Seashore and either 4800 Seashore or 4816 Seashore (across a bordering street and dawn a block). 8, Sober Living shall not establish any Facility pursuant to Section 4 of this Exhibit B unless and until Sober Living has fully and timely compiled with the relocation requirements set forth in Section 6 of this Exhibit B. 9. Sober Living shall not establish or operate a Facility on a parcel of property which has a lot line located within 1,000 feet of any NMUSD elementary school or the large commercial State -licensed day care facility listed on Exhibit B, 10. Sober Living shall not establish or operate a f=acility at any location which Is adjacent to the 36th Street Tot Lot or the Marina lark Tot Lot so long as those tot lots are so utilized. B. Operational Regulations. criteria: During the term hereof, Sober Living shall comply with all of the following operational 1. Sober. Living shall not provide any services to or house any parolee or parolees from the California Department of Corrections or Its equivalent In any other State or the Federal Bureau of Prisons In any of Its Facilities located In the City. 2, Any and all medical waste generated through the operation of a Sober Living Homes or Licensed Facility shall be disposed of in accordance with all laws and best Industry standards and practices. 3. Sober Living shall comply with City code provisions pertaining to trash enclosures at all of its Sober living Homes or Licensed Facilites. 4. Smoking and Tobacco Products, (a) Sober Living shall make good faith efforts to prevent second hand smoke from leaving any of Its Facilities In a manner that significantly affects occupants of neighboring residents in the use and enjoyment of their properties. These efforts may include, but are not limited to: • The designation of a smoking area at each site, with a device to mitigate or disperse secondhand smoke; • An active smoking cessatlon program made available to all clients; 15-42 zoning Agreernent (b) Apply a policy directing clients or residents to avoid littering cigarette butts on the ground, floor, deck, sidewalk, gutter, or street. (a) Apply a policy reminding clients not to use tobacco on beaches, boardwalks, and piers consistent with City prohibitions against smoking in those areas. 6. Sober Living shall comply with all City code provisions requiring off street parking in residential zones. 6. Sober Living shall establish, provide public notice of and continuously operate a 24 hour per day hotline for receiving Inquiries and/or complaints in reference to Its operation of Its Facilities in the City. 7. Sober Living shall apply the following Quiet Hours to its patients, clients and customers occupying beds in all Facilities which Sober Living operates In the City. During these Quiet Hours, all residents will be inside except during emergencies: • Sunday through Thursday- 10 pm to 7 am; Friday through Saturday - 91 pm to 7 am. 8. Sober Living shall use good faith efforts to Implement the Route flans for transport of Its staff, residents, clients and customers which Sober Living submitted to the City as part of Its applications for Use Permits on file with City's staff as of July, 2008, A true'and correct copy of those Route Pians are attached as Exhibit F. Short-term Interruptions, such as medical emergencies or street maintenance which are beyond Sober Living's control, are allowable modifications to the Route Plans, 9. Sober Living shall accept deliveries of goods and services to the Residential Care Facilities which It operates In the City only during customary times for such deliveries of goods and services to occur in residential areas of the City and In accordance with any City regulation adopted which controls times for such deliveries on a citywide basis applicable to all residential properties. 10. Sober Living, shall participate in the activities of any stakeholder committee or group established by the City to address complaints and concerns of residents of the City regarding the operation of Residential Care Facilities in the Clty= 11. Sober Living shall maintain its present policy not to allow more than two (2) clients per bedroom in the facilities unless the size of the structure warrants a larger occupancy for any single bedroom. C. General Constraints on Regulation. 1. Most ed Nation. If the City enters Into an agreement with any operator of a Sober Living Home or Licensed Facility In the City which, includes one or more of the below three provisions and provides a materially more favorable regulatory treatment to that operator than is afforded to Sober Living hereunder, the more favorable regulatory provision or provisions shall then apply to Sober Living and shall be deemed to supersede any conflicting provision or provisions contained In this Zoning Agreement. Approvals within the Group Residential Uses 15-43 Zoning Agreement Ordinance's Use Permit process do not constitute agreements for the purposes of this paragraph. The three provisions are: (a) An allowance of a percentage increase greater in bed counts greater than 30% above the number operated by the Operator at the time of the agreement; (b) Dispersion (i.e. one building per block and no facilities on streets facing each other) more concentrated than for SLBTS under the terms of this Agreement; and (c) Distancing from public elementary schools and large licensed clay care that is less than for SLBTS under the terms of this Agreement. 2. The City shall respect and adhere to the exemption In California Health and Safety Code §11834.23 that dlrects that the City apply the same building, fire, and other related codes to Facilities with six or fewer clients as it does for any single-family residential property provided that; (a) The exemption Is not repealed or otherwise invalidated by an appellate court decision, (b) The exemption Is being applied to a single family dwelling unit (including condominiums) or a duplex; (c) SLBTS does not place non-ambulatory residents In their facilities; and (d) SLSTS does not accept referrals or placements within a SLBTS home for protective social care and supervision services by any governmental agency. 3. This Agreement, and, more specifically, these Applicable Regulations obviate the need for and shall supersede the processing or Issuance of any Use Permit or Use Permits concerning Sober Living's operations in the City. 15-44 Exhibit e Zoning Agreement 2811 Villa Way -Lotter CITY OF NEWPORT BEACH PLANi1 UM Dlf.+,PMTNIEN'T Patricia L. Temple, Director August 25, 2006 Sill Swiney Sober Living by the Sea 2811 Villa Way Newport Beach, California 92563 RE: Sober Living by the Sea y- 2809, 2811, 2813 Villa Way, Newport Beach Dear Bill: I am in recelpi of your correspondence dated July 21, 2006. In your correspondence, you discuss a proposal whereby Sober Living by the Sea (`Sober Living") would modify its use of the property located at 2809-2813 Villa Way ("Sober Living Facility") so that It Is no longer designated as a social club, as defined by Newport Beach Municipal Code Section 20.05.040. 1 have carefully reviewed your proposal and have determined that Sober Living would not be designated as a social club if it was operated in the following manner: 1. The "large conference room," designated on the floor plans submitted on August d, 2006 ("Pians% must be reduced so that tile maximum occupancy for this room Is approximately 20 persons. Two cubicle type offices, the design of which will need to be approved by the Planning Director In writing, will need to be constructed in the large conference room. 2. The "small conference room," designated on the Plans, must be reduced so that the maximum occupancy for this room is approximately 20 persons. A wall will need to be constructed across the back of the small conference room, as indicated on the marked up Plans which are attached hereto. The construction of the wall must comply with all laws and regulations including, but not limited to, the Building Code. 3. A revised set of plans showing the wail in the small conference room and the uses for each area of the property will need to be submitted to and approved In writing by the Planning Director. After approval of the Plans, Sober Living'must use each of the areas for the designated use and obtain the Planning Direotor's approval In writing prior to, any change in use. 4. The area designated as the "covered patio," and other outdoor areas, designated on the Plans may not be used by Sober Living clients except as provided hereafter. Clients attending meetings scheduled at the Sober Living- Facility may assemble In the covered patio area, or other outdoor areas, 10 minutes prior to a meeting and 10 minutes after a meeting. Between the Fours of 7:00 a.m. and. 8:30 a.m., clients that attend meetings scheduled at the Sober Living Facility, may be transported by van to any other location provided that they do not assemble In the covered patio area, or other 8300 Newport Boulevard - Post Mee Box 1768 . Newport Beach, Cailfon)1a 92658-8915 Telephone: (949) 644.3200 • Pax-. (949) 644-3229 - www, city. newport-beach.ca.us 15-45 outdoor area, for moro than 10 minutes after a meeting ("Clients Transported by Van'), Between the hours of 1:00 p.m, and 3:00 p.m., clients that Clients Transported by Van may be dropped back off at the Sober Living Facility provided that they: (a) do not arrive at the Sober Living Facility more than 10 minutes before their next scheduled meeting, or (b) that they disperse within 10 minutes after being dropped off at the Sober Living . ........_...Facility. - .. .. .. 6. An average of 10 meetings per week may be held at the Sober living Facility. However, no more than 12 meetings may be held In any one week and no more than 20 people may attend any meeting, Up to two meetings may be held concurrently. The basis for determining the average number of meetings will be based on a 4 week period. On an ongoing basis, Sober Living will maintain records for the past 12 month period that document the number of meetings held per week and the number of persons In attendance. These records will be verified by a representative of Sober Living and will be made available to the planning Director upon request. 8. No client enrolled in any of the Sober living programs that meet at the Sober Living Facility will be allowed to operate a motor vehicle. 7. All large meetings, In excess of 20 persons, will be held at some other location (any other locations used in the City shall be approved for large assembly use). 8. The hours of operation for conducting meetings and picking up prescriptions at the Sober Living l=aollltyr will be from 6:30 a.m. to 8:30 p.m. Clients picking up or consuming prescription medicine at the Sober Living Facility will be required to leave the Sober Living Facility within 10 minutes after they have picked up or consumed their medication, 8. Any nurse at the Sober Living Facility shall only be on site Monday through Friday from'7:00 am to 6:00 pm and on Saturday from 8:00 am to noon. There shall be no nurse at the Sober riving Facility on Sundays. 10. Two staff employees shall be allowed to remain at the Sober Living Facility until 11:00 pm, 7 days a week to receive calls. 11. Except as provided herein, clients will not be allowed to assemble at the Sober Living Facility for the purpose of being transported to any other location. 12. Sober Living will provide and maintain 13 off-site parking spaces at the lot directly across the street from the Sober Living 1=aoillty and will park vehicles associated with the Sober Living Facility at the lot rather than on City streets or public parking lots. For Instance, Sober Living currently uses six vans. These vans would be parked on the lot rather than on City streets in the surrounding neighborhood or the City parking lot. 13. Sober Living will direct clients and ensure that clients riding bikes to the Sober Living Facility access the facility by a route approved by the planning Director in writing. 14. Sober living will provide trash and cigarette disposal containers and inform their clients that they are not to dispose of litter on City streets or adjoining properties. 15-46 In summary, If Sorer Living operated in conformance with the foregoing conditions, it would be my determination that Soifer Living would not be defined as "social club", However, please be advised that It is my opinion that any deviation from the foregoing conditions or any additional assembly at the Sober Living Facility would change the .. ._....._M�categaryofuse:. .. .. .. _.... .. .. ..._. Please contact me at your earliest convenience so we can discuss a timeflne for Sober Living to Implement the foregoing changes. Simply put, I cannot make a determination that Sober Living is operating in conformance with the Municipal Code until the above - referenced changes have been made. Further, as a condition to making my determination that a use permit Is no longer required, Saber Living will need to withdraw its appeal without prejudice. I appreciate your continuing assistance in this matter. Very truly yours, U Patricia L. Temple, Planning Director for the City of Newport Beach cc: Aaron C. Harp, Assistant City Attorney Dennis O'Neil, Esq. Enclosure: Modified Plans 15-47 an++ifK.rvr ry �. 1. i xn..r • vtq' r; ••• - x � aVMVI%A ?TOdh14N •4:sp,x ""'_ El 1 . - i•F e f Y { 'a'e 1 i�• r F S flit k • ` .•1 Sk.. . .HiC�}p} 1� s 'f. ''fF:?-1 ..t ` S �5 .1!7IFf' ... d .e• • .. � � � . ••• a e. f.'f=• ' Ff iF..',.:}•`F�����'�����}�(��IEEF ,1 i•} 1 �' '/:fti ' .. .. .!'.......!.ti:.iF1lifE�EE•,.1!liElsil�. i��� I s il��r�" i 15-48 Zoning Agreement Exhibit D Depiction and Description of "Peninsula Zone" Depiction of Peninsula Zone: The lands within the yellow boundary as shown below. Description of Peninsula Zone: Starting at the mouth of the Santa Ana River: • The land area southerly of the Newport and Seminouk Sloughs known as Newport Shores, and • The land coastward of Pacific Coast Highway to Newport Boulevard known as Balboa Coves, West Newport Beach, Lido Sands, and Newport Island; and • The land southerly of a line extending along the Federal Navigational Channel between Newport Boulevard and the Newport Harbor Jetty, known as the Balboa Peninsula, Lido Peninsula, Lido Isle, Bay Island, and Cannery Village; and • Southward on Newport Boulevard about 60 feet to Lower Newport Bay; and All lands southerly of lower Newport Bay between Newport Boulevard down the Federal Navigational Channel within the tower Bay, inclusive of tido Isle and Bay Island and inclusive of the Balboa Peninsula. 15-49 zoning Agreement Exhibit E Specific Large DSS -Licensed Day Care Facflilles -- Peninsula zone Faclffty No: 300000193 Capacity: 0044 CHRIST CHURCH BY THE SEA CHILDREN'S CENTER 9400 WEST BALBOA BOULEVARD NEWPORT BEACH, CA 15-50 Zoning Agreement Exhibit F Route Plans In the attached Route Plans, the red arrow designates arrival route, the blue arrow designates departure route, The star designates the facility location. 15-51 3811 �yi 215 3 14- 711 Zoning Agreement 116 34" Street, A & B The primary route of travel between Sober Living by the Sea's adminis#rative offices in Cannery Village (2811 Viiia Way) and these residential dwelling units Is 32"d Street, Balboa Boulevard, 34'x' Street, and Seashore Drive. 15-53 r 505 2911 Street 3012 N F[T4" Oil L SOTH f;T 112, I M. Zoning Agreement RR, 15-54 The primary route of travel between Sober living by the Sea's administrative offices In Cannery Village (2811 ling units is Lafayette, 29111 Villa Way) and these residential dwelling Street, and Villa Way. 15-54 112 40t" Street, Units A and B 3960-3980 Seashore Drive Zoning Agreement 29 2s` 27� ;F4 PF \. { QO 204 C �n / 103 1, am J 1111 i26 The primary route of travel between Sober LIving by the Sea's administrative off Ices in Cannery Village (2811 Villa Way) and these residential dwelling units is along Balboa Boulevard, Seashore, and 32nd Street, 15-55 Zoning Agreement 4816 Seashore 4711 Seashore The primary route of travef between Sober Living by the Sea's administrative offices in Cannery Village (281.1 Villa Way) and these residential dwelling units is along Balboa Boulevard, 46' Street, Seashore, 51s' Street, and River Avenue. 15-56 Zoning Agreement 5101 River 5004 Neptune, A & B The primary route of travel between Sober Living by the Sea's administrative offices in Cannery Village (2811 Villa -Way) and these residential dwelling units Is along Balboa Boulevard, River Avenue, 50th Street, Neptune, and 51st Street. 15-57 6111 Seashore 6114 West Ocean Front r Zoning Agreement The primary route of travel. between Sober living by the Sea's administrative offices In Cannery Village (2811 Villa Way) and these residential dwelily units Is. along Newport Boulevard, Coast Highway, Prospect, Ocean Front Alley VII, 62 Street, and Seashore. 15-58 Exhibit a Compliance Report Template (Hate Report Submitted) This form covers the period of (month, day) through (month, day), 20_. During the above period, Sober Uving by the Sea'managed or controlled the following faellltles In Newport Beach: 15-59 Attachment C Zoning Agreement Administration Protocol Memorandum 15-60 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY DATE: October 29, 2010 TO: Janet Brown, Associate Planner Matt Cosylion, Senior Code Enforcement Officer FROM: Office of the City Attorney David R. Hunt, City Attorney MATTER: Group Homes: Code Enforcement; A09-00417 SUBJECT: Zoning Administration Protocol This memorandum sets forth the standard protocol and procedures for administering the City's zoning agreements with alcohol and drug abuse recovery and treatment facility operators ("Drug and Alcohol Recovery Facility operators"). This protocol will be provided to Drug and Alcohol Recovery Facility operators that have entered zoning agreements with the City, for their information. DRUG AND ALCOHOL RECOVERY FACILITIES ZONING AGREEMENT ADMINISTRATION PROTOCOL The following protocol reflects the City's compliance review, as set forth under the City's Zoning Agreements with Sober living by the Sea ("SI -STS"), Morningside Recovery ("Morningside"), and any other Drug and Alcohol Recovery Facility operator with which such an agreement may be entered (collectively "Operators"). 1.0 Inspection Protocol 1.1 Operators shall submit to the City's Code Enforcement Division ("CED") the Compliance Review Report (Report') shown as an exhibit to Operator's Zoning Agreement, at the times required under Operator's Zoning Agreement. At the same time, Operators shall also submit the name, phone number, and e-mail of its staff member(s) designated to join any Inspection ("Operator Staff Member"). 1.2 On a quarterly basis, CED shall submit the list of each Operator's facilities to the Police Department for verification that each Operator is in compliance with the terms of Operator's Zoning Agreement that relate to parolees and probationers, and the prohibition on Parolee -Probationer Homes as defined by Newport Beach Municipal Code Section 20.05.030, 1.3 On a quarterly basis, CED shall select up to four (4) facilities on the list to verify the client count and client bed count through an onsite Inspection during a weekday. 15-61 Zoning Agreement Administration Protocol October 29, 2010 Page: 2 1.4 CED shall notify the Operator Staff Member by e-mail and telephone of the time of the inspection and which facilities will be inspected. Such notification will occur a reasonable amount of time prior to the inspection, generally four (4) but not less than two (2) hours prior to inspection. 1.8 While Inspecting each facility, CED staff shall not obtain client names nor take photos of clients and shall be respectful at all times of client privacy. CED staff shall count clients and/or client beds and verify that the client and/or client bed count at each facility does not exceed those on the reports submitted by Operator. 1.6 If, during a facility Inspection, CED observes beds (assembled or unassembled) in excess of the number of client and staff beds reported by Operator, CED shall request, and Operator shall provide, an explanation of the presence of such additional beds. 1.7 An inspection report shall be made for each facility. 1.8 All inspection reports and Reports submitted by Operator to CED shall be submitted to the Planning Department for inclusion in the City's annual review of Operator compliance with the Zoning Agreement. 2.0 Compliance Review Protocol 2.1 The Effective Date of the Zoning Agreement and Settlement Agreement between the City and SLBTS shall be May 12, 2009, The Effective Date of the Zoning Agreement between the City and Morningside shall be December 28, 2010. The Effective Date for any other Operator with which the City may enter such an agreement, shall be as defined in the Operator's Zoning Agreement. 2.2 Annual Review of SLBTS' compliance with the Zoning Agreement shall be held, to the greatest extent possible, at the second City Council meeting in July of each year. 2.3 For public notice purposes, the properties that must be posted prior to the public hearing shall Include only those operated by Operator at the time of the Compliance Review hearing. 2.4 To prevent inadvertent dissemination of confidential business information of Operators, including the number of beds actually occupied by persons who are patients, clients or customers of Operators during City Inspections, and to provide a convenient shorthand reference to housing for persons who are patients, clients or customers of Operators, the City shall refer to patients, clients and customers of Operators as "clients," and to beds occupied or potentially occupied by clients at Operators' residential facilities as "client beds." 2.5 The terms of each Zoning Agreement, (including, In the case of SLBTS, the terms of the August 25, 2006 Determination Letter from the Planning Director to SLBTS), shall be reviewed by staff prior to annual Compliance Review, and good faith compliance with the terms of the Zoning Agreement shall be noted in staff reports and exhibits where staff believes such good faith compliance has been demonstrated. Operator is encouraged to provide any written documentation or statement demonstrating its good faith best efforts at compliance for City Council review prior to the annual Compliance Review. 15-62 Zoning Agreement Administration Protocol October 28, 2010 Page: 3 2.6 When there is a difference between the procedures established in this Protocol and the language of a specific agreement, the agreement shall control. Waiver by the Operator, in any given year, of a right or procedure contained in the Operator's zoning Agreement shall not constitute a permanent waiver of such right or procedure. 3.p racility Relocation City staff Is responsible for administering more than one zoning Agreement with Drug and Alcohol Recovery f=acility operators, and is also responsible for advising residential care facility operators who may apply for use permits and reasonable accommodations in the proximity of other such uses. In order to perform these functions, staff must be aware of the location of such facilities. For this reason, and to provide Operator with assurance that any new facility location they are considering is not located in the same block as any other residential care facility, Operator shall notify the City of planned relocations, and planned facility closures prior to relocating or opening any new facility. Operator shall make best efforts to notify the City of facility closures as close to the date of closure as possible. CONCLUSION This protocol shall be executed In a fair and reasonable manner calculated to preserve the residential neighborhoods in which Drug and Alcohol Recovery Facilities are located and to protect the rights of the disabled to obtain housing and recovery facilities within the community. r Cc: David Kiff, City Manager Jim Campbell, Planning Director rA09-044171- JB & MC from DRH re 7A Admin Protocol 15-63 Attachment D November 12, 2014, City Council Minutes 15-64 City of Newport Beach Study Session and Regular Meeting November 12, 2014 Amended motion by CQpncil Member Petrol seconded b Co neil Member Gardner, to direct staff to pursue the contract, but bring the item back for approval. City Attorney Harp reported that the contract can be terminated within seven days with notice. City Manager Ki:ff suggested continuing the matter to allow staff to continue working on the terms of the contract. Substitute_ motion by C jounpil,Member Petrol seconded b ouncil Member flenp, to continue the item. In response to Council Member Henn's question, Ms, Cassidy addressed the separation between the winning contract and the next low bidder. The substitute motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Mayor Pro Tem Selich, Mayor Hill Absent: Council Member Daigle XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Jim Stratton, Balboa Village Advisory Committee (BVAC), announced that he will be out of town when Council considers the parking plan for Balboa Village. He spoke in support of the plan and commented on consideration of the plan. by BVAC. He noted that each pant of the plan is vital to the success of the area. He stressed that, by redirecting overnight parkers to regular public parking, it opens up the streets to day -use beach visitors. Council Member Petros thanked Mr. Stratton for his diligent work on the BVAC. Regarding Measure Y, Jim Mosher noted that the public is very sensitive to the smallest amount of traffic being added to City atreets and commented on a slide that Mayor Pro Tem Selich displayed at a past meeting showing the quantities of daily trips expected in the City upon build -out of the present General Plan compared to the previous General Plan, and the related impacts of traffic. He believed that the idea of greater self-sufficiency should be pursued. XIII. ORAL REPORTS FROM CITY COUN TL ON COMMITTEE ACTTVTTZES Council Member Gardner reported that she was asked to be a judge for the Corona del Mar Youth in Government presentations and commented on the various proposals. She indicated that the four selected proposals will be presented to staff members when they visit Sacramento. She commented positively ion the experience. Council Member Henn reported that the Tidelands Management Committee (TMC) met on October 29, 2014, where it considered an update on eelgrass and on the Balboa Island sea wall repair/ replacement project. XIX. PUBLIC HEARING 25. Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. (PA2010-150) (C-4145)1381100-20141 Council Member Henn recused himself from this item since he has a consulting relationship with a business in Via Lido Plaza. Volume 62 _ Page 104 15-65 City of Newport Beach Study Session and Regular Meeting November 12, 2014 Senior Planner Murillo provided a PowerPoint presentation, addressing compliance review, current locations of facilities, Code enforcement inspections and results, complaints and citations, administrative operations, and recommendations. Motion by Council Member Qardner. _seconded by Council Member Curry, to a) find this review exempt from the California Environmental Quality Act ("CEQA') pursuant to Section. 15321. (Enforcement Actions by /Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 8, because this review enforces an entitlement for use adopted by the City and has no potential to have a significant effect on the environment; b) find that Sober Living by the Sea has demonstrated good faith compliance with the terms of the Zoning Implementation and Benefit Agreement; and c) receive and file documents submitted by Sober Diving by the Sea to demonstrate good faith compliance with the terms of the Zoning ImEplementation. and Public Benefit Agreement. ' Council Member Curry noted that this is an example of a City Ordinance and a responsible business working together for the good of the community. Mayor Hill opened the public hearing. Hearing no testimony, he closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Mayor Pro Tem Selich, Mayor Phil Recused: Council Member Henn Absent: Council Member Daigle . CURRENT BUSINESS 26. Proposed Bayview Heights Drainage Improvement Project [100-20141 Council Member Gardner recused herself from this item since she is a Newport Beach Conservancy Board Member. Public Works Director Webb provided the project background, meetings with residents and the Newport Beach Conservancy, and development of a plan using contributions from the current property owners and use of grant money. He indicated that the City would administer the grant and obtain the necessary permits. He addressed contributions received for the design, receipt of the grant, and the possibility of lowering the property owners' contributions. Council Member Petros questioned why the property owners feel their contributions should be reduced. Mayor Hill commented on a picture' in the staff report showing the severity of the drainage and he questioned why the City is act responsible. Justin Cox addressed the importance of water quality, thanked staff, and referenced a slide in the PowerPoint presentation showing where the storm drain ends. He noted that it destroys private property and commented on the original agreement. He believed that the City and/or County caused the problem and. questioned why the property owners should be required to contribute to fix it. He reported that, as property owners, they are helping with the habitat restoration in the area and are trying to work with the City to resolve the issues. Volume 62 - Page 105 15-66 Attachment E Villa Way Facility and Lafayette Offices Matrix 15-67 Condition Category Zoning Agreement with Sober Living by the Sea - Specific Requirements 44MICompliance :r• and 2805:rr2015 Remobwom Compliance Report Notes Large conference room size reduced 20 person max occupancy Final City approval 2/5/09 In compliance. Two office cubicles constructed within Planning Director must approve design in writing Final City approval 2/5/09 In compliance. large conference room Small conference room size reduced 20 person max occupancy Final City approval 2/5/09 In compliance. Wall constructed across back of small Wall must be CBC compliant; revised plans submitted & Final City approval 2/5/09 In compliance. conference room approved by Planning Director in writing Covered patio and other outdoor areas No longer using outdoor used by SLBTS clients only as stated in See 1 through 5, below patio areas or offices. Moved offices to 2800 Only use 2809 Villa Way for meetings. 8/25/06 letter from Planning Director Lafayette. 1. Outdoor areas - client congregation before May congregate outdoors no more than 10 minutes before In compliance. City staff has received assurances from SLBTS that SLBTS clients do meetings meeting not congregate on patio more than 10 minutes prior to meetings. 2. Outdoor areas - client congregation after May congregate outdoors no more than 10 minutes after In compliance. City staff has received assurances from SLBTS that SLBTS clients do meetings meeting not congregate on patio more than 10 minutes after meetings. 3. Outdoor areas - client congregation before 7:00 a.m. - 8:30 a.m., clients may congregate no more than 10 City staff requested and received assurances from SLBTS that morning transport from Villa Way facility to minutes after a meeting In compliance. SLBTS is in compliance with this requirement. other locations 4. Outdoor areas - client congregation after afternoon transport to Villa Way facility from 1:00 P.M. - 3:00 p.m., clients may congregate no more than 10 In compliance. City staff requested and received assurances from SLBTS that other locations minutes prior to either a meeting or dispersal from facility SLBTS is in compliance with all transportation requirements. 5. No client congregation at facility for City staff requested and received assurances from SLBTS that transportation, except as provided in items 3 See above SLBTS is incompliance with all transportation requirements. and 4, immediately above Client meetings at facility permitted, with Records submitted SLBTS began keeping required attendance logs again in Summer restrictions on number of meetings and See 1 through 5, below 9-8-14 In compliance. 2010. Records submitted by SLBTS in indicate 10 client meetings per attendees week. 1. No more than 10 meetings per week, on Averaged over 4 week period Records submitted In compliance. average 9-8-14 Generally 10 meetings week 2. No more than 12 meetings in any single No more than 2 meetings held concurrently at site Records submitted In compliance. week 9-8-14 Generally 10 meetings week 3. No more than 20 attendees at any meeting No more than 2 meetings held concurrently at site Records submitted 9-8-14 In compliance. Records show meeting attendance usually 7-12 clients In compliance. 4. Records maintained to show number of Records maintained 12 months, verified by SLBTS employee, Records submitted Records being maintained SLBTS maintained attendance logs for 2014-2015, included in meetings held and attendees present inspected by City upon request 9-8-14 included in Attachment A. Attachment A. 5. Meetings w/ more than 20 persons held in Large meeting facilityopened in 2007 in Costa In compliance. Meeting facility in Costa Mesa open at 191h St. location in 2007 for another location Mesa large meeting purposes. No client attending Villa Way meetings In compliance. City staff requested and received assurances from SLBTS that allowed tooperate a motor vehicle SLBTS is in compliance with this requirement. Facility hours limited See 1-3 below In compliance. City staff requested and received assurances from SLBTS that SLBTS is in compliance with this requirement. 15-68 Zoning Agreement with Sober Condition Category Specific Requirements MiCompliance :r• and 2805:rr2015 Revi am L_ Result Compliance IM" Report J1 Notes 6:30 a.m. - 8:30 p.m. Clients must leave facility 10 minutes after 1. Meetings and prescription pickup meeting or prescription pickup. In compliance. City staff requested and received assurances from SLBTS that SLBTS is in compliance with this requirement. 2. Onsite nurses Monday - Friday 7:00 a.m. - 5:00 p.m., Saturday 8:00 a.m. - In compliance. City staff requested and received assurances from SLBTS that Noon. No nurses onsite Sunday. SLBTS is in compliance with this requirement. Zoning Compliance letter issued by the Community Office Use at 2800 Lafayette Development Director on March 5, 2013, for the relocation of the offices. 1. Client check-in Limited to 7:00 a.m. to 5:00 p.m. Incompliance. City staff requested and received assurances from SLBTS that SLBTS is in compliance with this requirement. 2. Use of the computer lab Limited to 9:00 a.m. to 4:00 p.m. Incompliance. City staff requested and received assurances from SLBTS that SLBTS is in compliance with this requirement. 3. Client congregation Prohibited and clients not permitted to assemble for City staff requested and received assurances from SLBTS that transportation In compliance. SLBTS is in compliance with this requirement. 3. Other staff 2 staff may be onsite until 11:00 p.m. to receive calls Incompliance. City staff requested and received assurances from SLBTS that SLBTS is in compliance with this requirement. Shall be used by employees only and not as a client City staff requested and received assurances from SLBTS that 4. Upstairs patio congregation. Smoking is prohibited on the public boardwalk In compliance. SLBTS is in compliance with this requirement. adjacent to 2800 Lafayette Parking lot re -striped, SLBTS relocated offices to 2800 Lafayette which includes the parking 2805 Villa Way Parking Lot Provide 13 spaces used for vehicle parking and storage by landscaping approved Incompliance. lot at 2805 Villa Way that provides 13 parking spaces. A site Sober Living staff and transport vans and Building Permit inspection completed prior to final of the Building Permit confirmed issued. landscaping and parking spaces per permitted plans. 1. Bike Racks Bike racks allowed to be maintained behind meeting facility at In compliance. If existing area becomes no longer available bike racks must be within 2809 Villa Way. a secured enclosure sufficient to screen from public view subject to review and approval by the Community Development Department. Re -stripe the lot subject to review and approval by the Final City approval Parking lot re -striped, landscaping approved and Building Permit 2. Re -stripe lot Community Development Department 6/12/13. In compliance. issued. City staff completed site inspection prior to final of Building Permit for parking lot re -stripe and new landscaping. SLBTS worked with City Urban Forester to upgrade landscaping 3. Landscaping Upgrade existing landscaping subject to review and approval by Final City approval In compliance. which was reviewed and approved with the re -striping of the parking the Community Development Department 6/12/13. lot. City staff completed site inspection prior to final of Building Permit for parking lot re -stripe and new landscaping. Clients riding bikes to facility must use Written route plan provided by SLBTS 10/26/06; approved by In compliance On 10/21/10, City staff presented SLBTS with 2006 written route plan; Plannin Director -approved route Planning Division SLBTS confirmed SLBTS staff would enforce. Waste and cigarette disposal containers Must be provided onsite at facility In compliance City staff requested and received assurances from SLBTS that SLBTS is in compliance with this requirement. Appeal of use permit denial withdrawn Appeal withdrawal a required condition to Planning Director's without prejudice finding that use permit no longer needed SLBTS must apply for use permit for Villa Way lodge/social club "Any deviation from the foregoing conditions or any additional Remedy for Violations uses; City may use general police powers to obtain compliance assembly at the Sober Living Facility would change the category of with use permit requirement use." 8/25/06 Planning Director's letter 15-69 Attachment F Zoning Clearance Letter for Office Relocation 15-70 COMMUNITY DEVELOPMENT DEPARTMENT 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644-3200 Fax: (949) 644-3229 www.newportbeachca.gov ZONING CLEARANCE Supersedes Letter dated February 11, 2013 March 5, 2013 Mr. James Bailey Executive Director Sober Living by the Sea 2811 Villa Way Newport Beach CA 92663 RE: Sober Living by the Sea — Proposed Relocation of Administrative Offices to 2800 Lafayette Avenue and Use of Parking Lot at 2805 Villa Way, Newport Beach Dear Mr. Bailey: The 2009 Zoning Implementation and Public Benefit Agreement (Zoning Agreement) between the City of Newport Beach (City) and Sober Living by the Sea (Sober Living) memorialized the use and the conditions of operation of its administrative offices and meeting facility at 2809, 2811, and 2813 Villa Way. The August 25, 2006, letter from the City's Planning Director to Sober Living described those conditions. Sober Living has recently requested zoning approval to re -locate the administrative offices from 2811 and 2813 Villa Way to 2800 Lafayette Avenue, while maintaining the existing facility at 2809 Villa Way, which includes a meeting area. As the City understands, it is also Sober Living's intent to use the existing parking lot at 2805 Villa Way for the parking of employee and transport vehicles as well as for storing bicycles that are available for client use. 15-71 The City's Zoning Code designates 2800 Lafayette Avenue as MU -W2 (Mixed - Use Water) in which Professional Offices are a Permitted use (Table 2-9 Allowed Uses and Permit Requirements). The proposed office use is consistent with the MU -W2 Zoning District, provided the following conditions are followed: 1. The use of 2800 Lafayette Avenue is limited to only office uses for Sober Living, client check-in, and a small ancillary computer lab (5-7 stations). Client group meetings, client picking up and/or consuming prescriptions, or client consulting with a nurse shall not occur at 2800 Lafayette Avenue. 2. Client check-in shall be limited to 7:00 a.m. to 5:00 p.m. 3. Client use of the computer lab shall be limited to 9:00 a.m. to 4:00 p.m. 4. Clients may use the building entrance facing 28th Street, but should neighborhood concerns result, the client entrance shall be relocated to the Lafayette Avenue entrance. 5. Outside client congregation is prohibited at 2800 Lafayette Avenue. 6. The outdoor upstairs patio at 2800 Lafayette Avenue shall be used by employees only and not be used as a client congregation area. Smoking is prohibited on the public boardwalk adjacent to 2800 Lafayette Avenue pursuant to Municipal Code Section 11.04.080. 7. Provide a revised set of floor plans for 2800 Lafayette Avenue showing the uses for each area for review and approval by the Community Development Director. 8. Clients will not be allowed to assemble at 2800 Lafayette Avenue for the purpose of being transported to another location. The City's Zoning Code designates the existing parking" lot at 2805 Villa Way as MU-CV/15th Street (Mixed -Use Cannery Village and 15t Street) in which Parking Facilities are allowed by Minor Conditional Use Permit (Table 2-8 Allowed Uses and Permit Requirements). The proposed continued use of the property as a parking lot does not require any discretionary review and approval. However, the following improvements are requested: 1. Provide 13 off-site parking spaces at 2805 Villa Way which will be used for vehicle parking and storage by Sober Living staff and transport vans. All vehicles associated with Sober Living shall be parked at this lot rather than on City streets or public parking lots. For instance Sober Living vans shall be parked on the lot rather than on City streets in the surrounding neighborhood or the City parking lot. Page 2 15-72 2. Screen re -located bike racks within a secured enclosure (e.g., a block wall) sufficient to screen from public view subject to review and approval by the Community Development Department (Building Permit required). 3. Re -stripe parking lot subject to review and approval by the Community Development Department (Building Permit required). 4. Upgrade existing landscaping subject to review and approval by the Community Development Director. 5. Provide plan of parking lot and bike racks with enclosure as conditioned above for plan check. 6. Clients will not be allowed to assemble at the parking lot for the purpose of being transported to another location. Please note that all conditions stated in the Zoning Agreement regarding its general operation and the use of 2809 Villa Way will remain in effect. In summary, if Sober Living operates in conformance with the foregoing conditions, it would be my determination that Sober Living's use of 2800 Lafayette Avenue and 2805 Villa Way would be in conformance with the City's Zoning Code. Please provide the plans and coordinate with staff to obtain required approvals stated above prior to occupying 2800 Lafayette Avenue. After all of the approvals are obtained, the plans along with all of the foregoing conditions will be reviewed annually by the City of Newport Beach as a part of the Zoning Agreement's Periodic Review of Compliance. Sincerely, Kimberly Brand , AICP Director cc: Aaron C. Harp, City Attorney Matt Cosylion, Code Enforcement Supervisor Page 3 15-73 Attachment G SLBTS Compliance Reports 15-74 Exhibit G Sober Living By The Sea Bi -Annual Compliance Review Report Date Report Submitted: 1.9.2015 This report covers from June 30, 2014 to December 31, 2014 During this time period Sober Living By The Sea (SLBTS) made good faith efforts to manage or control the following facilities in Newport Beach in accordance with the operational regulations specified in Exhibit B of the Zoning Implementation and Public Benefit Agreement: Total Bed Count: 44 Submitted by: James Bailey on behalf of Sober Living by the Sea 15-75 SLBTS FACILITIES Property Address Peninsula Zone (Y or N) Treatment Bed Count Peninsula Off Peninsula ADP License (Y or N) 4138 Patrice (N) 6 Y 4142 Patrice N 6 N 4711 Seashore Y 6 Y 4711 1/2 Seashore Y 2 N 5004 Neptune, unit A Y 6 N 5004 Neptune, unit B Y 6 N 6110 West Ocean Front Y 6 Y 6111 Seashore Y 6 Y Total Bed Count: 44 Submitted by: James Bailey on behalf of Sober Living by the Sea 15-75 Exhibit G Sober Living By The Sea Bi -Annual Compliance Review Report Date Report Submitted: 8.17.2015 This report covers from Jan 1, 2015 to June 30, 2015 During this time period Sober Living By The Sea (SLBTS) made good faith efforts to manage or control the following facilities in Newport Beach in accordance with the operational regulations specified in Exhibit B of the Zoning Implementation and Public Benefit Agreement: Total Bed Count: 44 Submitted by: James Bailey on behalf of Sober Living by the Sea 15-76 SLBTS FACILITIES Property Address Peninsula Zone (Y or N) Treatment Bed Count Peninsula Off Peninsula ADP License (Y or N) 4138 Patrice (N) 6 Y 4142 Patrice N 6 N 4711 Seashore Y 6 Y 4711 1/2 Seashore Y 2 N 5004 Neptune, unit A Y 6 N 5004 Neptune, unit B Y 6 N 6110 West Ocean Front Y 6 Y 6111 Seashore Y 6 Y Total Bed Count: 44 Submitted by: James Bailey on behalf of Sober Living by the Sea 15-76 Attachment H Inventory of Client Beds as of September 2015 15-77 SOBER LIVING BY THE SEA, INC. Inventory of Client Beds as of September 2015 Street No. Unit Street Beds May 108 Beds Dec. 109 Beds June 110 Beds June `11 Beds Sept. `12 Beds Sept. `13 Beds Sept. `14 Beds Sept. `15 200 amide fed 6 4 4 400 ` 4a4V be: 6 4 4 402 Via Antibes 6 4 4 505 29 -st-- 6 6 6 6 6 6 6* 446 A 34 -st, 6 446 B 34 St, 6 307 JA 34 -St-. 6 309 1A 34 St, 6 425 39 � 6 425 JA 39 6 442 A 40 � 0 2- 442- 442 B 4() -St--. 6 6 6 6 6 426 A 44 St, 5 5 426 B 44 St, 4 4 434 A 4,3--S4-. 6 434 B 43 St, 6 443 A 45 St,6 4 443 B 45 St,6 2 422 A 45 St, 6 4 422 B 45 St, 6 6 423 A 45 St, 6 423 B 45 St, 6 5004 A Neptune St. 6 6 6 6 6 6 6 6 5004 B Neptune St. 6 6 6 6 6 6 6 6 5481 A Rover Ave, 6 4 5481 B R,Rnrvei-Ac 6 6 6 6 6 6 1} 3960 Seasherenr 6 4 4 39W Seashero nr 6 6 6 6 6 6 4500 Seashero nr 6 4 4 4 4504 Seashore nr. 6 6 6 6 4711 Seashore Dr. 6 6 6 6 6 6 6 6 47111/2 Seashore Dr. 2 2 2 2 2 4300 A Seashero nr 6 4 4 4 5 5 5°` 4880 B Seashero nr 6 6 6 5 5 5 5- 4846 A Seashero nr 6 4 4 4846 B Seashero nr 6 6 6 6111 Seashore Dr. 6 6 6 6 6 6 6 6 6110 W. Ocean Front 6 6 6 6 6 6 6 6 4138 Patrice Rd. 6 6 6 6 6 4142 Patrice Rd. 6 6 x42 A&B 1 4-0 4-0* TOTAL CLIENT BEDS & Number of Dwelling Units (DU's): 204 34 DU's 122 25 DU's 100 22 DU's 90 17 DU's 75 14 DU's 70 13 DU's 44 8 DU's 44 8 DU's (*closed March 2013) 15-78 Attachment I Map of SLBTS Facilities — Open and Closed as of September 2015 15-79 A TTY000 NEWPORT 11 SHORES • �SUPERIOR AVE r o o� oD oo F Sober Living By the Sea 000 0 o GS RD — -- KIN °9yr•DaP Facilities Do z - HWY Eq MGHWgp wf9 H' O O �a�3 O k� ami m V ptaheAd. � 1 � - ® fu AV. M6 2 0 A o LINDA �► J 4 o � � 3 � D �oo/�� o _ -0 0 �oo�oo ISLE mloKa Q 5 1 ahcri V21H 6 ,44 P 7 Awl 8, dMb 9 o HARBOR ISLAND�o B i LIDO PENINSULACOL O AEflodl E F o e LIDO BAY ISL ABG %&*� AeG�oR, ��ISLE ISLAND 'i�� Asmdl s ootiDoB°°o�� X19 S X&S D a O &8d 2 0 NEWPSODRT PIFR NisO o �� aM SLBTS_September_2015 r a �00 9 w o aDoo ��Do� ooa F Z7 0 oo o RDA, X000Ktioo 00000 d 4 15-80 Attachment J Compliance Matrices Overall Compliance Matrix and Individual Facility Matrices 15-81 Condition Category �iSober Living. S Inspection Date and Location OvergiWirations Result-. 4 facilities inspected 5/6/15 (5004 A & B Neptune Ave., 4138 Patrice Rd., 4142 Patrice Semi-annual compliance Client bed limit No more than 204 Citywide, Peninsula no more than Rd., 6110 W. Ocean Front) ; 4 facilities inspected 9/24/15 (4711 & 4711 1/2 Seashore reports consistently showed bed counts under Interior inspections in May and September showed bed counts consistent with 156 Dr., 5004 A&B NEptune As., 6111 Seashore limits citywide and in counts reported by SLBTS. Dr., 6110 W. Ocean Front); External inspection Peninsula Zone of all facilities 5/6/15 and 9/22/15 Lido Isle limit No more than 12 beds on Lido Isle In compliance SLBTS Lido Isle facilities closed July 31, 2010 Except 156 beds in Peninsula Zone and Facilities outside Peninsula Zane located in MFR only. . Incompliance New facility established September 2013 at 4142 Patrice Road outside Lido Isle, all facilities located in MFR Peninsula Zone. The property is zoned Multi -Unit Residential. New facilities opened after effective date New facility established September 2013 at 4142 Patrice Road. The facility is -one facility per block, or across Block is area bounded by four streets, not alleys. Incompliance. located within the same building as the 4138 Patrice Rd facility. No other bordering street facilities are located in a separate building within the same block. Ordinance Effective Date : 5/12/09 Dispersal - disperse to one facility per Dispersal Date: 11/12/11 block w/in 30 months of effective date of Exceptions not required to disperse: 112 40th St. In compliance, final 118 45th St. or 122 45th St. - BOTH CLOSED ordinance adopting agreement. Four and 3960-3980 Seashore; 122 45th St. and 4500-4504 required dispersal exceptions under DA may remain w/in Seashore; 6110 W. Ocean Front and 6111 W. Ocean completed 12/27/10. 307 1/2 34th St. or 309 1/2 34th St. - BOTH CLOSED same block. Front; 4711 Seashore and either 4800 Seashore or 4816 Seashore 4800 Seashore or 4816 Seashore - 4816 CLOSED 12/27/10. No new facility established outside Peninsula Zone until dispersal In compliance Dispersal completed as of 12/27/10 completed. Proximity to schools, large day care No facility w/in 1,000' of NMUSD elementary school or In compliance facilities large day care facility Proximity to parks No facility adjacent to 36th tot lot or Marina Park tot In compliance oSt. Parolees from CA Dept. of Corrections or equivalent SLBTS reports no parolees at any SLBTS address. Parolees and government referrals d, government prohibited, government referrals prohibited. Other NBPD performed parolee checks 1/28/10, In compliance NBPD reports no parolees at any SLBTS facility as of 2-1-11. Effective Feb. parolee/probationers - 1 per dwelling unit allowed 4/29/10, 7/29/10, 9/30/10, 10/21/10, and 2/1/11. 2011, NBPD requests they be asked to supply this information only for criminal law enforcement purposes. Medical waste disposal Disposed of in accordance with law and best practices Interior inspections 5/6/15 & 9/24/15 . SLBTS states no medical waste generated at any of its In compliance SLBTS management has instructed all staff at all facilities in proper procedures facilities. and preferred disposal method. Other waste disposal Comply with NBMC trash enclosure provisions Inspected at exterior inspections of all facilities. In compliance. Good faith effort to prevent smoke affecting neighboring Inspected at 8 facilities interior inspections Complaint received in Secondhand smoke properties; direct clients not to litter with tobacco 5/6/15 & 9/24/15. In compliance February 2015. Complaint addressed imediately with verbal warning and no further complaints. products or violate smoking prohibitions Two complaints received The August complaint reuslted in a Notice of Violation and the Septmber Inspected at 8 facilities interior inspections in in May 2015, one in August 2015 complaint resulted in a Administrative Citation. As a part of the Action Plan Off-street parking Comply with NBMC requirements for off-street parking 5/6/15 & 9/24/15. In compliance. and one complaint in found under #5 in Attachment A the problem was identified as lack of on-site Septmeber 2015 regarding management training for new staff and has been adressed with amended obstructina the oublic riaht Action Plan. Inspections in September found parking in compliance. Required staffing 24-hour hotline for complaints In compliance 24 -Hour Complaint Hotline - (949) 5541147 Quiet hours, all residents inside: Sun - Thurs: 10 p.m. - Quiet hours 7 a.m.; In compliance Fri - Sat: 11 p.m. - 7 a.m. No complaints received. Client transport routes Routes submitted to City, good faith efforts to adhere In compliance required Deliveries During customary times for deliveries in residential area In compliance No delivery complaints received Clients per bedroom 2 clients per bedroom unless size of structure warrants Inspected at 8 facilities interior inspections In compliance All facilities inspected had 2 per bedroom or fewer client beds. more for any single bedroom 5/6/15 & 9/24/15. 2811 Villa Way meeting facility Comply with terms of 8/25/06 letter In compliance with terms Re -location of offices provides the minimum 13 off-street parking spaces for of letter. SLBTS vehicles and found compliant with Zoning Agreement. Reporting Frequency Semi annually; by December 31 and June 30 Compliance reports submitted 1/9/15 and In compliance 8/17/15. Remedies for Violations Specific performance, general police powers 15-82 MW V SLBTS Zoning Agreement - 2014-2015Compliance Category Specific Requirements No Inspection Date ComplaintsCondition Result . NBPD.Code Notes Enforcement Facility address: 4711 and 4711 1/2 Seashore, _ client beds at 4711, 2 client beds at 4711 1/2 Inspection 9/24/15 None This facility OPEN as of 10/1/10. since 9/1/10. Except 156 beds in Peninsula Zone and Lido Island, Facilities outside Peninsula Zone This facility located in all facilities located in MFR located in MFR only. Peninsula Zone New facilities opened after effective date - one Block is area bounded by four facility per block, or across bordering street streets, not alleys. Ordinance Effective Date 5/12/09 118 45th St. or 122 45th St. - BOTH CLOSED Dispersal - disperse to one facility per block Win 30 Dispersal Date: 11/12/11 Exceptions not required to 307 1/2 34th St. or 309 1/2 34th St -BOTH CLOSED months of effective date of ordinance adopting disperse: 112 40 th St. and 3960- Exception under ZA - no 4800 Seashore or 4816 Seashore 4816 CLOSED 12/27/10 agreement. Four exceptions under DA may remain 3980 Seashore; 122 45th St. and dispersal required Win same block. 4500-4504 Seashore; 6110 Oceanfront and 6111 Ocean Front; 4711 Seashore and either 4800 Seashore or 4816 Seashore No new facility established outside Peninsula Zone In compliance. Dispersal of until dispersal completed. final location complete 12/27/10. No facility Win 1,000' of NMUSD Proximity to schools, large day care facilities elementary school or large day In compliance care facility Proximity to parks No facility adjacent to 36th St. tot In compliance lot or Marina Park tot lot Parolees from CA Dept. of Corrections or equivalent NBPD1/ performed parolee checks28/10, SLBTS reports no parolees at any SLBTS address. Parolees and government referrals prohibited, government referrals 1/ 4/29/10, 7/29/10, Incompliance NBPD reports no parolees at any SLBTS facility as of 2-1-11. prohibited. Other 9/30/10, 10/21/10 and 2/1/11. Effective Feb. 2011, NBPD requests they be asked to supply this parolee/probationers - 1 per information for criminal law enforcement purposes only. dwelling unit allowed Medical waste disposal Disposed of in accordance with 9/24/15 No complaints received SLBTS management has instructed all staff at all facilities of proper law and best practices procedures and preferred disposal method. Other waste disposal Comply with NBMC trash 5/6/15 & 9/24/15 Incompliance Refuse containers were covered with lids and stored in the side yard enclosure provisions in compliance with NBMC section 6.04.150(A). Installed cigarette receptacles at all facilities and have designated Good faith effort to prevent smoke In compliance with action areas for smoking. In response to complaints received, an Action Plan affecting neighboring properties; taken to address complaint, no Complaint received on February has been created to found under #4 in Attachment A: A. SLBTS Secondhand smoke direct clients not to litter with 5/6/15 & 9/24/15 smoke or related litter 9, 2015. management to educate all clients and staff on the smoking policy tobacco products or violate observed moved to garage only; and B. Implement smoking policy and smoking prohibitions repercussions for non -adherence. First verbal warning given in response to complaint. No others received. Comply with NBMC requirements In compliance with action Complaints received in May As a part of the Action Plan found under #5 in Attachment A the Off-street parking for off-street parking 5/6/15 & 9/24/15 taken to address complaint. 2015 and in August and problem was identified as lack of on-site management training for September 2015. new staff and has been adressed with amended Action Plan. Inspection on 9/24/15 found parking in compliance. Required staffing 24-hour hotline for complaints In compliance Hotline - 949 554-1147 Quiet hours, all residents inside: Quiet hours Sun - Thurs: 10 PM - 7 AM; No noise complaints received Fri -Sat: 11 PM - 7 AM Client transport routes Routes submitted to City, good No transport route complaints faith efforts to adhere required received specific to this facility. Deliveries During customary times for No delivery complaints deliveries in residential area received 2 clients per bedroom unless size Clients per bedroom of structure warrants more for any 9/24/15 2 per bedroom or less si nqIe bedroom Reporting Frequency Semi annually; by December 31 Compliance reports submitted 1 In compliance and June 30 1/9/15 and 8/17/15. 15-83 Attachment K Code Enforcement Inspection Reports 15-84 Memorandum CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT CODE ENFORCEMENT DIVISION 3300 NEWPORT BOULEVARD, BLDG. E NEWPORT BEACH, CA 92658-8915 (949) 644-3217 To: File From: Brian Contino, Code Enforcement Officer Date: May 6, 2015 Re: Sober Living by the Sea — Zoning Agreement Compliance Inspection On May 5, 2015, 1 inspected the exterior for all Sober Living by the Sea ("SLBTS") facilities, all facilities were clean and no violations found. On May 6, 2015, 1 inspected the following Sober Living by the Sea ("SLBTS") facilities: 5004 Neptune Ave. 4138 Patrice Rd., 4142 Patrice Rd. and 6110 West Ocean Front. The purpose of the inspections was to verify the accuracy of the bed counts for the respective facilities as disclosed in the Compliance Review Report ("Report") dated January 9, 2015, and to verify that each facility is in compliance with the operational regulations outlined in Exhibit B to the Zoning Agreement ("ZX). SLBTS is approved to have 204 client beds (total) within the City, including 156 client beds in the "Peninsula Zone." The restrictions on the total number of client beds within the City are located in Section A, Exhibit B to the ZA. According to the Report, there are 64 beds on the Balboa Peninsula and 6 beds off the Peninsula for a total of 70 beds. As required by the Zoning Administration Protocol dated October 29, 2010, and Condition No. 14 of the ZA, SLBTS was notified approximately four hours in advance of the time of the inspection and the facilities to be inspected. 5004 Neptune Ave This location is a licensed, male only facility. Program Director. Kim Homan Facility Name: N/A 11Page 15-85 Bed Count., Unit A Bedroom 1: 2 beds Bedroom 2: 2 beds Bedroom 3: 2 beds Facility Total: 6 beds Unit B (5004 Seashore Drive There were a total of four (4) bedrooms in this unit. One bedroom was used by staff member John Torres who lives on site full time. Bedroom 1: 1 bed Bedroom 2: 2 beds Bedroom 3: 2 beds Bedroom 4: 2 beds Facility Total: 6 beds Medical Waste: There is no medical waste generated at this facility. Secondhand smoke/Cigarettes: No cigarette butts were observed in the street or around the property. All smoking areas were clearly marked and had cigarette receptacles. The City has received no complaints regarding secondhand smoke or discarded cigarettes at this location. Off -Street Parking: There are two covered (garage) parking spaces for this property. Both spaces were clear and accessible for parking as required by NBMC section 20.40.030(8). Trash/Trash Cans: The exterior of the property was clean and well-maintained. The refuse containers for the facility were covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A). Complaints: There were no complaints filed with the City during this review period 6110 West Ocean Front 2 1 P a g e 15-86 This location is a licensed, female only facility House Manager. Jennifer Devore Facility Name: The Rose Bed Count First Floor Bedroom 1: Office Bedroom 2: 2 beds Second Floor Bedroom 1: 1 beds Bedroom 2: 1 bed Bedroom 3: 2 beds Facility Total: 6 beds Medical Waste: There is no medical waste generated at this facility. Secondhand smoke/Cigarettes: No cigarette butts were observed in the street or around the property. All smoking areas were clearly marked and had cigarette receptacles. The City has received no complaints regarding secondhand smoke or discarded cigarettes at this location. Off -Street Parking: There are two covered parking spaces for this property. All the parking spaces were clear and accessible for parking as required by Newport Beach Municipal Code ("NBMC") section 20.40.030(8). Trash/Trash Cans: The exterior of the property was clean and well-maintained. The refuse containers for the facility were covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A). Complaints: There were no complaints filed with the City during this review period. 4142 Patrice Ave 3 1 P a g e 15-87 This location is a licensed female only facility. Program Director. Leslie Chappelle Facility Name: N/A This location has a total of five bedrooms. The bedroom on the first floor is occupied by Leslie Chappelle who lives on site full time. First Floor Bedroom 1: 1 Bed used by Leslie Second Floor Bedroom 1: 2 beds Bedroom 2: 2 beds Bedroom 3: 1 bed Bedroom 4: 1 bed Facility Total: 6 Beds Medical Waste: There is no medical waste generated at this facility. Secondhand smoke/Cigarettes: No cigarette butts were observed in the street or around the property. All smoking areas were clearly marked and had cigarette receptacles. The City has received no complaints regarding secondhand smoke or discarded cigarettes at this location. Off -Street Parking: There are two covered parking spaces for this property. Both spaces were clear and accessible for parking as required by NBMC section 20.40.030(8). Trash/Trash Cans: The exterior of the property was clean and well-maintained. The refuse containers for the facility were covered with lids and stored in the side yard in compliance with NBMC section 6.04.150(A). Complaints: There were no complaints filed with the City during this review period 4138 Patrice Ave 4 1 P a g e 15-88 This location is a licensed, Co-ed facility. Program Director: Justin Gatfield Facility Name: Bed Count., First Floor Bedroom 1: 2 beds Second Floor Bedroom 1: 2 bed Bedroom 2: 2 bed Bedroom 3: Office Bedroom 4: Office Facility Total: 6 beds Medical Waste: There is no medical waste generated at this facility. Secondhand smoke/Cigarettes: No cigarette butts were observed in the street or around the property. All smoking areas were clearly marked and had cigarette receptacles. The City has received no complaints regarding secondhand smoke or discarded cigarettes at this location. Off -Street Parking: There are two covered (garage) parking spaces for this property. All spaces were clear and accessible for parking as required by NBMC section 20.40.030(8). Trash/Trash Cans: The exterior of the property was clean and well-maintained. The refuse containers for the facility were covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A). Complaints: There were no complaints filed with the City during this review period Findings 5 1 P a g e 15-89 Overall, all the facilities were clean and free of accumulated trash and rubbish around the property. Refuse containers were stored in compliance with NBMC section 6.04.150(A). Cigarette butts were not observed in the street, alley, sidewalks or gutters near the facilities. At all of its facilities, SLBTS has posted a Good Neighbor Policy and a Code of Conduct in a public place. These policies establish a code of conduct for residents and staff and require that clients be respectful of each other and the community. Additionally, the use of inappropriate language, littering, aggressive behavior, and the improper disposal of cigarette butts is prohibited. A copy of this report will be forwarded to the City Attorney's Office and the Planning Division. 6 1 P a g e 15-90 Memorandum CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT CODE ENFORCEMENT DIVISION 3300 NEWPORT BOULEVARD, BLDG. E NEWPORT BEACH, CA 92658-8915 (949) 644-3217 To: File From: Brian Contino, Code Enforcement Officer Date: September 24, 2015 Re: Sober Living by the Sea — Zoning Agreement Compliance Inspection On September 22, 2015, 1 inspected the exterior for all Sober Living by the Sea ("SLBTS") facilities, all facilities were clean and no violations found. On September 24, 2015, 1 inspected the following Sober Living by the Sea ("SLBTS") facilities: 5004 Neptune Ave. 4711 Seashore Ave, 6111 Seashore and 6110 West Ocean Front. The purpose of the inspections was to verify the accuracy of the bed counts for the respective facilities as disclosed in the Compliance Review Report ("Report") dated January 9, 2015, and to verify that each facility is in compliance with the operational regulations outlined in Exhibit B to the Zoning Agreement ("ZA"). SLBTS is approved to have 204 client beds (total) within the City, including 156 client beds in the "Peninsula Zone." The restrictions on the total number of client beds within the City are located in Section A, Exhibit B to the ZA. According to the Report, there are 64 beds on the Balboa Peninsula and 6 beds off the Peninsula for a total of 70 beds. As required by the Zoning Administration Protocol dated October 29, 2010, and Condition No. 14 of the ZA, SLBTS was notified approximately four hours in advance of the time of the inspection and the facilities to be inspected. 5004 Neptune Ave This location is a licensed, male only facility. Program Director. Kim Homan Facility Name: Neptune 11Page 15-91 Bed Count., Unit A Bedroom 1: 2 beds Bedroom 2: 2 beds Bedroom 3: 2 beds Facility Total: 6 beds Unit B (5004 Neotune Ave There were a total of four (4) bedrooms in this unit. One bedroom was used by staff member John Torres who lives on site full time. Bedroom 1: 1 bed Bedroom 2: 2 beds Bedroom 3: 2 beds Bedroom 4: 2 beds Facility Total: 6 beds Medical Waste: There is no medical waste generated at this facility. Secondhand smoke/Cigarettes: No cigarette butts were observed in the street or around the property. All smoking areas were clearly marked and had cigarette receptacles. The City has received no complaints regarding secondhand smoke or discarded cigarettes at this location. Off -Street Parking: There are two covered (garage) parking spaces for this property. Both spaces were clear and accessible for parking as required by NBMC section 20.40.030(8). Trash/Trash Cans: The exterior of the property was clean and well-maintained. The refuse containers for the facility were covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A). Complaints: There were no complaints filed with the City during this review period 4711 Seashore Drive 2 1 P a g e 15-92 This location is a licensed, male only facility. Program Director: Kim Homan Facility Name: The Landing Bed Count: Unit A First Floor Bedroom 1: Office Second Floor Bedroom 1: 2 beds Bedroom 2: 2 beds Bedroom 3: 2 beds Facility Total: 6 beds Unit B (4711 1/2 Seashore Drive There were was one bed located in unit B. This unit has two offices on the main floor and one office with a twin bed in the loft. Facility Total: 1 bed Medical Waste: There is no medical waste generated at this facility. Secondhand smoke/Cigarettes: No cigarette butts were observed in the street or around the property. All tenants are required to smoke in the garage. There are signs posted on the property indicating the garage as the dedicated smoking area. Off -Street Parking: There are three covered (garage) parking spaces for this property. All three spaces were clear and accessible for parking as required by NBMC section 20.40.030(8). Trash/Trash Cans: 3 1 P a g e 15-93 The exterior of the property was clean and well-maintained. The refuse containers for the facility were covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A). Complaints: The City, has received two complaints about this property, during this review period The complaints were parking of vehicles that blocked the public right of way. A notice of violations was issued regarding the parking violations. The issue has been resolved and no further complaints have been reported. 6111 Seashore Drive This location is a licensed, female only facility. Program Director: Jennifer Devore Facility Name: The Rose (Phase 1) Bed Count: Pira+ PInnr Bedroom 1: 2 beds Second Floor Bedroom 1: 2 bed Bedroom 2: 2 bed Bedroom 3: Office Facility Total: 6 beds Medical Waste: There is no medical waste generated at this facility. Secondhand smoke/Cigarettes: No cigarette butts were observed in the street or around the property. The City has received complaints regarding secondhand smoke at this location as outlined below. Off -Street Parking: There are two covered (garage) parking spaces for this property. All spaces were clear and accessible for parking as required by NBMC section 20.40.030(8). Trash/Trash Cans: 4 1 P a g e 15-94 The exterior of the property was clean and well-maintained. The refuse containers for the facility were covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A). Complaints: There were no complaints filed with the City during this review period 6110 West Ocean Front This location is a licensed, female only facility House Manager. Jennifer Devore Facility Name: The Rose (Phase 2) Bed Count First Floor Bedroom 1: Office Bedroom 2: 2 beds Second Floor Bedroom 1: 1 beds Bedroom 2: 1 bed Bedroom 3: 2 beds Facility Total: 6 beds Medical Waste: There is no medical waste generated at this facility. Secondhand smoke/Cigarettes: No cigarette butts were observed in the street or around the property. All smoking areas were clearly marked and had cigarette receptacles. The City has received no complaints regarding secondhand smoke or discarded cigarettes at this location. Off -Street Parking: There are two covered parking spaces for this property. All the parking spaces were clear and accessible for parking as required by Newport Beach Municipal Code ("NBMC") section 20.40.030(8). Trash/Trash Cans: 5 1 P a g e 15-95 The exterior of the property was clean and well-maintained. The refuse containers for the facility were covered with lids and stored in the garage in compliance with NBMC section 6.04.150(A). Complaints: There were no complaints filed with the City during this review period. Findings Overall, all the facilities were clean and free of accumulated trash and rubbish around the property. Refuse containers were stored in compliance with NBMC section 6.04.150(A). Cigarette butts were not observed in the street, alley, sidewalks or gutters near the facilities. At all of its facilities, SLBTS has posted a Good Neighbor Policy and a Code of Conduct in a public place. These policies establish a code of conduct for residents and staff and require that clients be respectful of each other and the community. Additionally, the use of inappropriate language, littering, aggressive behavior, and the improper disposal of cigarette butts is prohibited. A copy of this report will be forwarded to the City Attorney's Office and the Planning Division. 6 1 P a g e 15-96 Attachment L Correspondence 15-97 Whelan, Melinda From: Kenneth Scofield <paigelane@verizon.net> Sent: Tuesday, October 20, 2015 4:06 PM To: Brown, Leilani Subject: Dev Agreement DA 2008-005 Sober Living by the Sea My commercial property is located at 2811 through 2817 Lafayette and at 510 through 516 29th Street. This letter is in support of continuing this agreement. Sober Living has been doing a great service to NB and the impacts to the area are positive, including my tenant offering Sober Living's clients art lessons as part of their recovery program. Thank you. 15-98