HomeMy WebLinkAboutC-4142 - Abatement Agreementc-LII4�_
ABATEMENT AGREEMENT
This Abatement Agreement ("Agreement" hereinafter) dated October 3_I , 2008
is entered into by and among Narconon Southern California, ,, a California non-profit
corporation, (referred to as "Narconon" hereinafter) and the City of Newport Beach, a
charter city and municipal corporation (referred to as "City" hereinafter). Narconon and
its affiliates as hereinafter defined and City are collectively referred to as "Parties." This
Agreement is entered into in reference to the following Recitals which Parties agree are
accurate to the best of their knowledge and belief.
RECITALS
A. On January 8, 2008, City's Council conducted a public hearing on a
proposed ordinance modifying City's code provisions regulating group residential uses in
the City and, thereafter, conducted first reading of Ordinance No. 2008-05.
B. On January 22, 2008, City's Council passed Ordinance No. 2008-05,
which, among other things, included provisions requiring then current operators of
certain residential care facilities (defined in the Ordinance) in R-1, R-1.5, R-2 and MFR
Zones to obtain use permits to continue those operations at their pre-existing locations
or seek alternate forms of relief provided in the Ordinance or abate those operations
within defined time periods.
C. Narconon Southern California, 4w., is a California Non-profit Corporation
"Affiliate" as used in this Agreement shall mean a person or entity that is directly, or
indirectly, controlled by Narconon; through one or more intermediaries, controls or is
controlled by, or is under common control with, the person specified. "Control", including
the terms "controlling", "controlled by" and "under common control with" as used in this
Agreement 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. Narconon Southern California is actively seeking to expand its facilities
and services in the State of California, which is not possible at its present location within
the City of Newport Beach.
E. City of Newport Beach is a municipal corporation and Charter City under
the laws of the State of California.
F. At the time of the passage of City's Ordinance No. 2008-05 Narconon
operated and presently operates a drug and alcohol recovery facility at 1810 West
Ocean Front in City ("the Property" hereinafter) with up to 27 persons in treatment,
licensed by the California Department of Alcohol and Drug Programs ("ADP"). Narconon
has been operating that alcohol and drug recovery facility in an MFR Zone as a legal
non -conforming use within City for thirteen (13) years under a Certificate of Occupancy
issued by City, but has not been issued a Use Permit as required by the newly enacted
Ordinance No. 2008-05 on its face.
G. On February 22, 2008, City filed a cross-claim in that action entitled
Concerned Citizens of Newport Beach v. Citi of Newport Beach, a .municipal
corporation, et al., United States District Court, Case No. SACV 08-00192 JU5 (RNBx)
1092198
("the Action" hereinafter), asserting, among other things, that, on its face, Ordinance No.
2008-5 does not discriminate against Narconon and does not violate State of California
or federal housing laws.
H. Narconon has filed with City and there is now pending a Use Permit
application seeking to continue operations of its facilities at the Property.
I. The Parties have engaged in discussions concerning the circumstances
described hereinabove and, as a result thereof, now desire to resolve all of the issues
raised in the Action and enter into this Agreement, to FINALLY, FULLY,
COMPREHENSIVELY AND CONCLUSIVELY settle the Action so as to allow the Parties
to continue their pursuits having so fully, finally, comprehensively and conclusively
resolved the Action as well as all underlying and related contentions and allegations.
J. The intent of this Agreement is to permit Narconon to operate its facilities
on the Property in accordance with the Operational Standards shown in Exhibit A, but
only until its ADP license therefor expires at close of business on February 28, 2010
whereupon that use will be deemed abated and Narconon will terminate that use. Said
short term continued operation will be in lieu of Narconon seeking a Use Permit which
would make its said operation permanent and will be in compliance with operational
standards prescribed herein.
NOW, THEREFORE, in consideration of the above Recitals, covenants and
agreements therein, the Parties agree as follows:
SETTLEMENT
DEFINITIONS.
As used herein, the term "Claims" means all claims, charges, liabilities,
damages, obligations, costs, expenses (including without limitation attorneys' fees),
rights of action and causes of action of any kind, legal or equitable, whether known or
unknown, anticipated or unanticipated, past, present or future, contingent or fixed,
existing, claimed to exist or which may hereafter exist under the United States
Constitution, the California Constitution, applicable common law, contract, tort or other
federal, state, local, or municipal law or regulation, relating in any way to the facts and
circumstances that give rise to the Action whether said facts and circumstances
occurred prior to or after the filing of the Action.
2. REPRESENTATIONS AND WARRANTIES.
A. Narconon hereby represents and warrants as a material term of
this Agreement that:
(i) Narconon has not heretofore assigned, transferred,
released or granted, or purported to assign, transfer, release or grant, any Claims
disposed of by this Agreement.
(ii) None of the Claims released by Narconon hereunder will in
the future be assigned, conveyed, or transferred in any fashion to any other person
and/or entity.
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B. Each party hereby represents and warrants that it has the power
and authority to enter this Agreement.
C. Narconon hereby agrees that it shall indemnify and defend and
hold the City and its elected and appointed officials, boards, commissions, officers,
agents, attorneys, representatives, and employees, harmless from any and all liability,
loss, expense, damage, or claims which may arise directly or indirectly from or in
connection with any allegation that the warranties and representations made by
Narconon in this section are false and/or for the breach of any of the terms and
conditions of this section.
D. City hereby agrees that it shall indemnify and defend or hold
harmless Narconon and its officers, directors, trustees, agents, attorneys,
representatives, and employees harmless from any and all liability, loss, claims,
expense, damage, or claims which may arise directly or indirectly from or in connection
with any allegation that the warranties and representations made by City are false and/or
for the breach of any of the terms and conditions of this section.
E. Nothing herein shall be deemed as a waiver or release of the
warranties, representations, rights and obligations as set forth in this section.
3. TERMS OF SETTLEMENT.
A. City Obligations. City shall forthwith dismiss and cause all other
crossclaimants to dismiss the crossclaim filed in the Action with prejudice as against
Narconon only and then supply a conformed copy of that Request for Dismissal to
Narconon.
B. Narconon's Obligations.
(i) Narconon shall forthwith withdraw its application for a Use
Permit filed with City seeking to permanently continue the operation of its drug and
alcohol recovery facilities on the Property.
(ii) Narconon shall permanently cease and terminate the
operation of drug and alcohol recovery facilities on the Property no later than the close of
business on February 28, 2010 and its said use conducted at that location shall then be
deemed to be abated.
(iii) From the effective date of this Agreement until Narconon's
operation of a drug and alcohol recovery facilities on the Property ceases and is abated
pursuant to the provisions of paragraph 3.B.(ii) above, Narconon shall comply with the
Operational Standards contained in Exhibit A hereto in conducting those operations.
(iv) Narconon hereby knowingly and intentionally waives and
relinquishes any right to challenge the facial legality or facial validity of City's Ordinance
No. 2008-05 in any court or administrative proceeding and hereby agrees that, on its
face, said Ordinance does not violate any state or federal housing law and is not
discriminatory.
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C. General Obligations of All Parties. The Parties will use their best
efforts and cooperate as necessary in performing and implementing this Agreement in
good faith.
4. GENERAL RELEASE.
A. General Release and Discharge of Claims by Narconon and Its
Affiliates. Upon the Effective Date of this Agreement, Narconon and its affiliates, for
themselves and all of their predecessors, successors, assigns, representatives,
attorneys, employees, officers, and agents, do hereby fully and forever release and
discharge the City, and all of its predecessors, successors, assigns, representatives,
attorneys, agents, elective and appointive council members, council boards,
commissions, commissioners, officers, employees (hereinafter collectively all persons
and entities will be referred to as "City Released Persons"), of and from any and all
actions, Claims, demands, rights, damages, costs, litigation expenses, attorneys fees,
expert fees, consultant fees, other fees, interest, lost profits and earnings, diminution in
the value of the business, loss of past, current, future and subsequent business and
patronage, the value of the leasehold interest, the loss of goodwill, any inverse
condemnation claims, any claims for the taking of property, any other damages, costs or
expenses arising from any and all actions of the City Released Persons and
compensation of any nature whatsoever, which they have or may hereafter accrue,
including without limitation, any and all known and unknown, foreseen and unforeseen
claim, damage and injury, relating to, or in any way, directly or indirectly, involving or
arising out of any facts or circumstances related to the Action.
B. General Release and Discharge of Claims by City. Upon the
Effective Date of this Agreement, City, the City Council, and each of the Council
Members, for themselves and all of their predecessors, successors, assigns,
representatives, attorneys, employees, officers, and agents, elective and appointive
council members, council boards, commissions, and commissioners do hereby fully and
forever release and discharge Narconon and its affiliates, and all of their predecessors,
successors, assigns, representatives, attorneys, agents, officers, directors and
employees (hereinafter collectively all persons and entities will be referred to as
"Released Persons"), of and from any and all actions, claims, demands, rights,
damages, costs, litigation expenses, attorneys fees, expert fees, consultant fees, other
fees, interest, lost profits and earnings, any other damages, costs of expenses arising
from any and all actions of the Released Persons and compensation of any nature
whatsoever, which they have or may hereafter accrue, including without limitation, any
and all known and unknown, foreseen and unforeseen claim, damage and injury, relating
to, or in any way, directly or indirectly, involving or arising out of any facts or
circumstances related to the Action.
C. Waiver of Claims. It is the intention of the Parties, in executing
this Agreement and receiving the consideration recited herein, that this Agreement will
be effective as a full and final accord and satisfaction and general release of all Claims,
debts, damages, liabilities, demands, obligations, costs, expenses, disputes, actions or
causes of action, that either party hereto may have against the other party hereto by
reason of any acts, circumstances or transactions relating in any way to the Action and
occurring before the date of this Agreement. In furtherance of this intention, the parties
hereto hereby acknowledge they are familiar with California Civil Code §1542 and that
they hereby expressly waive the protection of that section, which provides as follows:
1092198 4
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN THIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR.
Each party hereto waives and relinquishes any right or benefit that it has or may
have under California Civil Code §1542. That is, such party shall not invoke the benefits
of California Civil Code §1542, or any such similar law, to prosecute any Claims
released hereunder. In connection with such waiver and agreement, each party thereto
acknowledges that it is aware that it or its attorney may hereafter discover Claims or
facts or legal theories in addition to or different from those which they know or believe to
exist with respect to the Action, but that it is the intention hereby to fully, finally, and
forever settle and release all of the Claims, known or unknown, suspected or
unsuspected, which do now exist, may exist, or heretofore have existed by reason of any
acts, circumstances, facts, events, or transactions relating in any way to the Action
before the date of this Agreement. It is expressly acknowledged and understood that
each party hereto separately bargained for the foregoing waiver of the provisions of
§1542 of the California Civil Code. Each party hereto consents that this release shall be
given full force and effect in accordance with each and all of the express terms and
provisions, including those terms and provisions related to such unknown and
unsuspected claims, demands, and causes of action relating in any way to or arising out
of the facts and circumstances underlying or connected with the Action.
D. Representations and Warranties. Each Party represents and
warrants to the other that, except as otherwise expressly provided in this Agreement,
they are not relying on any representation whatsoever, whether express or implied,
including without limitation, representations of fact or opinion made by or on behalf of the
Parties herein.
5. EFFECTIVE DATE OF AGREEMENT.
This Agreement shall become effective on the date upon which it has
been executed by all of the Parties hereto.
6. MISCELLANEOUS PROVISIONS,
A. This Agreement shall be governed and interpreted in accordance
with the laws of the State of California. Each party hereto agrees that the laws of the
State of California shall apply and that any action brought hereunder shall be subject to
the laws and statutes of the State of California. The venue of any legal challenge to this
Agreement or the Zoning Agreement shall be the Superior Court of California for Orange
County or the United States District Court for the Central District of California — Southern
Division.
B. Integrated Agreement. This Agreement and the exhibits
contained hereto contains the entire understanding and agreement between the Parties,
and the terms and conditions contained herein shall inure to the benefit of, and be
binding upon, the heirs, representatives, successors and assigns of each of the Parties
hereto. No other representations, covenants, undertakings, or other prior or
1092198 5
contemporaneous agreements, oral or written, respecting such matters, which are not
specifically incorporated herein, shall be deemed in any way to exist or bind any of the
Parties hereto. The Parties hereto acknowledge that this Agreement has been executed
without reliance upon any such promise, representation, or warranty not contained
herein.
C. Modification, No supplement, modification or amendment of this
Agreement shall be binding useless executed in writing by all of the Parties. No waiver
of any of the provisions of this Agreement shall be deemed to constitute a waiver of any
other provision whether or not similar, nor shall waiver constitute a continuing waiver.
No waiver shall be binding unless executed in writing by the Parties making the waiver.
D. Binding on Successors. This Agreement and the covenants and
conditions contained herein shall obligate, bind, extend to and inure to the benefit of the
Parties and each of their respective successors in interest, including, but not limited to,
their administrators, executors, owners, partners, officers, directors, trustees,
shareholders, legal representatives, assignees, attorneys, successors, and agents or
employees. Prior to assigning any rights or obligations Narconon has with respect to
this Agreement, Narconon shall obtain written confirmation and deliver to City that such
assignee shall be bound by the terms of this Agreement and that such Assignee shall
also be entitled to receive the benefits of this Agreement.
E. Representation. The Parties affirmatively represent that they have
been represented by counsel of their own choosing. They have read this Agreement
and have had the terms used herein and the consequences thereof explained by their
attorneys of choice.
F. Construction. This Agreement shall not be construed against the
Party preparing it, but shall be construed as if all Parties jointly prepared this Agreement.
Any uncertainty and ambiguity shall not be interpreted against any one Party.
Language in all parts of the Agreement shall be in all cases construed as a whole
according to its very meaning.
G. Attorneys' Fees and Costs. All attorneys' fees, expert fees and
costs incurred through the date of this Agreement that relate in any way to the Action,
the negotiation or preparation of this Agreement or any action called for herein, shall be
borne by the respective Parties and each Party agrees to waiver any claim, or claims,
against any of the other Parties for the reimbursement of all, or any portion of said fees
or costs. Should suit be brought to enforce or interpret any part of this Agreement, the
prevailing party shall be entitled to recover attorneys' fees and related costs.
H. No Admission of Liability. This Agreement and the releases
contained herein and the consideration referred to herein are done to save litigation
expense and to effect the compromise and settlement of claims and defenses which are
denied, disputed, and contested. Nothing contained herein shall be construed as an
admission by any Party of any liability of any kind to any other Party. The Parties agree
that each Party expressly denies that it is in any way liable or indebted to any other Party
and no person interpreting this Agreement shall be able to infer that any Party has
engaged in any conduct giving rise to liability to any other Party.
1092198 6
I. Gender Neutral. Whenever in this Agreement the context may so
require, the masculine, feminine and neutral gender shall be each deemed to include the
other and the singular and the plural shall refer to one another.
J. Counterparts. This Agreement may be executed in duplicate
counterparts, each of which shall be deemed an original and all of which shall constitute
an agreement to be effective as of the date of signing. Further, signatures transmitted
and memorialized by facsimile shall be deemed to have the same weight and effect as
an original signature. The Parties may agree that an original signature will be
substituted at some later time for any facsimile signature.
K. Captions and Interpretations. The paragraph titles and captions
are inserted in this Agreement as a matter of convenience. As such, the paragraph titles
or captions are not intended to define or describe the scope of any provision.
L. Invalid Clause May Be Severed. If any provision, clause, or part
of the Agreement is adjudged illegal, invalid or unenforceable, the balance of this
Agreement shall remain in full force and effect.
M. Survival of Warranties and Representatives,. The warranties and
representations made in this Agreement are deemed to survive the execution of this
Agreement are deemed to survive the execution of this Agreement.
N. Conflict. in the event of conflict between this Agreement and the
attaching Zoning Agreement, the later shall prevail.
O. BY SIGNING THIS AGREEMENT, THE PARTIES CERTIFY
THAT THEY HAVE READ IT, THAT THEY HAVE CONSULTED WITH THEIR LEGAL
COUNSEL ABOUT ITS EFFECT, AND THAT THEY FULLY UNDERSTAND IT,
IN WITNESS WHEREOF, the Parties have causes this Agreement to be
executed as of the date first above written and their attorneys have indicated their
approval as to form by their respective signatures in the appropriate spaces below.
NARCONON SOUTHERN CALIFORNIA,
a Califfornl non-profit corporation
Dated: _ � �4r By: �t5
-1 Title
Dated: ) 2.0( By.
yame
1092198 7
CITY OF N PORT BEA It
CITY award
L,
Dated; 0 ct 31, ztgog By:
. e ic i, Mayor
ATTEST;
Dated: W IS By:
LaVonne Harkless, City Clerk
APPROVED TO FORM;
CITY OF ORT BEACH
R in L. Clauson, City Attorney
Dated: _ ,f'0'W4t�t ��
By:
es L. Markman,' ecial Counsel
��r the City of Newport Beach
Dated: O rte- 9,1 �rsQ
1092198
Exhibit A
Operational Standards
State Licensing, Treatment, and Occupancy
• All occupancies at 1810 West Ocean Front shall comply with the following.-
1.
ollowing:
1. State ADP license *300077AN, which expires on February 28, 2010.
2. The City of Newport Beach's Building Department's Certificate of Occupancy
and related occupancy directives within the approved building plans dated
September 28, 2005 (Attachment 1).
3. The City of Newport Beach's Planning Department letter from Patrick Alford
dated May 17, 2005 (Attachment 2) which, among other things, says:
"Assembly Uses are not permitted. Therefore, you will not be permitted to
use the property to hold regular meetings for attendees who do not reside in
the house. "
Building and Zoning
• We recognize that our properties have specific setbacks from the side yards, front
yard, and/or back yard per the City's Building and Zoning Codes. For the health and
safety of our residents and for aesthetic reasons, we will keep these setbacks clear
of obstruction, including building obstruction. The orderly storage of trash cans is
acceptable in setbacks.
• We will have enough staff to appropriately manage our facility; we will limit our staff
to that exact number to avoid overwhelming our facility's neighborhood with cars,
shuttles, trash cans, or other aspects of a high -staff commercial use in a residential
neighborhood.
Eliminating Nuisances
• We will provide the City with a contact name, number, and e-mail to address
neighborhood and City concerns about each specific site's operations.
• Properties shall not be unsafe, unsightly or poorly maintained. If we receive a
nuisance violation from the City in regards to either of these issues, we shall correct
the violation within (7) seven days or contact the City directly to negotiate a mutually -
agreeable timeline.
• We will respect the quality of life and neighborhood character of the community in
which we choose to rent or lease property, and shall direct that our residents do the
same.
Noise & Neighborhood Disruption
• Quiet Hours/Curfew for our facility shall be between 10:00 p.m. and 8:00 a..m. each
day. All residents will be inside during quiet hours except during emergencies.
• Lewd behavior or lewd speech shall not be tolerated at our properties.
• Profanity spoken or yelled at a level heard by neighboring residents shall not be
tolerated at our properties.
• We will not loiter in alleyways nor gather outside our facilities in a manner disruptive
to our neighbors.
• We will strictly adhere to the City's noise standards. (NBMC §10.26.025; 10.26.030).
• In the event of a physical altercation between staff and residents or residents and
residents, we will investigate immediately and handle appropriately.
1092198 9
• Meetings or gatherings in our facilities will minimize clapping, stomping, or other
noises consistent with NEMC §10.26.030. We will develop and apply quiet methods
of celebrating our residents' successes.
Smoking and Tobacco Products
• We shall use our best efforts to contain secondhand smoke generated by our
patients, clients, customers and staff within the lot line of 1810 West Ocean Front.
These "best efforts" include, but are not limited to:
• The designation of a smoking area, preferably indoors, with a smoke
containment device or structure;
• Avoidance of smoking at the facility which cause unreasonable annoyance to
adjacent residences.
• Rapidly addressing neighbor complaints of secondhand smoke, when it can be
reasonably determined that the smoke comes from our facility.
• We will not allow clients, staff, or residents to litter cigarette butts on the ground,
floor, deck, sidewalk, gutter, boardwalk or street.
• Our administrators and managers will actively enforce, on the City's behalf, the City's
prohibition on clients' tobacco use on beaches, boardwalks, and piers (NBMC
§11.08.080).
Beaches and Other Common Gathering Areas
• We recognize — and will demand the same of our residents — that the public beaches
are typically places of quiet recreation for all of us, Our use of the beaches for
meetings, prayer, conversation, or other gatherings shall show due respect to non-
resident visitors, residents, and other beachgoers, thus allowing them to take full
enjoyment of the beach.
• We will not conduct business on the beach (per NBMC §10.08.030).
Transportation, Parking & Deliveries
• Our client drivers shall respect all City rules regarding parking and/or stopping and
waiting to load residents. Client transport vehicles must use the existing carport at
1810 West Ocean Front or Balboa Boulevard per Attachment #4), and cannot block
the adjacent alley or street ends at 18th or 19" Street.
• Drivers shall not leave vehicles in reverse gear if reverse has an audible back-up
warning sound.
• Client drivers shall speak to residents at a level protective of neighborhood peace,
cognizant of the hour, to avoid waking neighbors.
• Deliveries to our facility shall only be made between 8:00 a.m. and 5:00 p.m. on
weekdays and not at all on Saturdays or Sundays, unless urgently necessary.
• Delivery vehicles cannot block the alley. If an alternative delivery location is needed
for vehicles that cannot use the carport, that site shall be on Balboa Boulevard at 18th
Street (see Attachment #4).
• We shall ensure that all garages, parking spaces, and carports on site are open and
used for parking or deliveries.
• We will develop and enforce a parking plan for our staff members who have vehicles,
to be included with this Agreement as Attachment #3.
• We will develop and enforce an access/route plan to and from our facility for staff
and residents that respects the local neighborhood, to be included with this
Agreement as Attachment #4.
1092198 10
Services to our Clients or Residents
• We will use our industry's best practices to ensure that our clients or residents stay in
recovery (including scheduled testing, random testing, required counseling).
• We will ensure that any client or resident removed from our program or facility has
the resources necessary to get home. We are responsible for our clients' or
residents' arrival back at their home city or state.
EXHIBIT ATTACHMENTS:
1 — City of Newport Beach Certificate of Occupancy
2 — Planning Department Letter
3 — Staff Transit and Parking Plan
4 — Access/Route Plan
1092198 11
ATTACHMENT 1
City of Newport Beach Certificate of Occupancy
for Narconon Southern California — 1810 West Ocean Front
1092198 12
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bar wW a¢eORrWCya a .b� a 9 .ndcq 9e ,.mN bar M
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"W6r.,R a e iaeve, Bearee.v vaP9b a bcaW � 9S FAFW ,we,
W,Antl/ab An Mpene¢y TI+rtrAa.la9 aitlne Mm�rbabmaA�
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w M D9`ara aaar,X ec a 19.91 8AA-]T03 s
4v
P.Naa, arae
Ah.y Pbviay OB,ab.
AND
F�,CISTING SHORTWALL AT
AND OCEANSIDE
—
JOP OF WNL IS If /HOYE LDU OF SDeIW7` 3
� Ta' W V11 6 I- Aea£ IML OF 3
�SIALL'iliK 9FFEIr OF FAEIPIC souR s Nw AfiH.'f♦D.
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7
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—TT.FiRST LEVEL FLOOR PLAN ANL)ANALT515
FLOOR. I,Tn so.FT. o
FAL. 4,570 SOFT. 544EET A-3: SECOND LEVEL FLOOR PLAN AND ANALYSIS PROJECT o
SHEET INDEX: MOMED TMALCATION
C
N_
SWEET A -I:
BASEMENT LEVEL FLOG�
u�(i I AIrm
Z
BUILDING GJIIER-
GENE t CAROLYN FW55
610 VIA LIDO
NEWPORT BEA , a vxcs
514EET A-I.I:
BASEMENT LEVEL SECTI
DOOR SCHEDULE / DOI a ILS
l_Jw
_
~
SWEET A-1.2:
R9WE6nUFKt); hrP FeForPIM
BASEMENT STAIR SECTI�� on indiplcd
..
N
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su ..RY
5WEET
ARPORT CANOPY PLAN/DETAILS/ELEVATIONS
9Erla+T. 1,In so.Fr.
FL(X1R. 1,5Tq SOFT.
- Solc AS NOTED
7
M
—TT.FiRST LEVEL FLOOR PLAN ANL)ANALT515
FLOOR. I,Tn so.FT. o
FAL. 4,570 SOFT. 544EET A-3: SECOND LEVEL FLOOR PLAN AND ANALYSIS PROJECT o
Dat�Y8MAR 2005
I)r~ er MJS
C
N_
SHEET.
h
51 -IFFY A-4: THIRD LEVEL FLOOR PLAN AND ANALYSIS �_ Q
NORTH
/� — 1.0
AZ
�
V
O
a l t o -1 Sh l
no fl A.a cHtc# oBzz t —<W -A-13
5 BEDS ALLOWED.
70 SF = 2
(220 SF BALANCE) = 4 MORE.
(6 ALLOWED PER UHC -
5 ALLOWED PER USE.)
vlrlr vrtm nv�.�nw �.vvc
70 SF FIRST TWO OCCUPANTS.
50 SF EACH ADDITIONAL OCCUPANT.
2 OCCUPANTS PER FIRST 70 SF.
66 SF BALANCE EQUALS 1 MORE OCCUPANT.
(3 ALLOWED PER UHC - 2 ALLOWED PER USE.)
1 support staff
136 136
95
2 BEDS ALLOWED. 2 BEDS ALLOWED.
ANALYSIS INFORMATION.
83'-01"
~�13'13'
LINE _ !
• =--1— - • ISi�G UPErt"HLE W((HDdaS il'P)).-- — . —.. — .�I • —
� ROMIfd ME 31i3M (I� FNDE � �
1 I PER UBG SEG. SbA 1'Io1 S.� SF .
SILL IS 9 IN, ABODE FI FLLYJIL I
I I V'
EXISTING SMOKE DETECTOR.
i
EXISTING TWO BULB EMERGENCY LIGHT.
"p
CONNECTED TO ELECTRICAL SYSTEM.
w
EXISTING FIRE ALARM AUDIBLE DEVICE.
J
O =
PROPOSED INTERIOR EMERGENCY LIGHT,
CONNECTED TO ELECTRICAL SYSTEM.
f
ZI Q
w
I
Z
Q
:U Q
O w
�I
a m
—
o
$+a
U
z w it
L
w
o o
`ry
� o
I
.I_ � �
LU .0 w
PROPERTY LINE
FLOOR PLAN
(12 OCCUPANTS TOTAL)
105' -
FIRST LEVEL: OCCUPANCY
t� =
EXISTING SMOKE DETECTOR.
=
EXISTING TWO BULB EMERGENCY LIGHT.
"p
CONNECTED TO ELECTRICAL SYSTEM.
re =
EXISTING FIRE ALARM AUDIBLE DEVICE.
CONNECTED TO PULL STATION.
O =
PROPOSED INTERIOR EMERGENCY LIGHT,
CONNECTED TO ELECTRICAL SYSTEM.
=
PROPOSED FIRE ALARM STROBE,
w
CONNECTED TO PULL STATION.
BUILDING ANALYSIS
CONSTRUCTION TYPE: V - INR.
RESIDENTIAL CLASS: R-1
El--�:ANIZ-
�5Tlll'C'T.P-
CES, PATIO COVERS AND OTHER
REQUIRE SEPARATE REVIE3,45 4 PERMITS.
1
support
staff.
87
I
upport 286
staff. LIVING RM. — ACCESSORY
USE — 8 PERSONS TOTAL.
— ACCESSORY USE.
NALYSIS
OCCUPANCY ANALYSIS - FIRST FLOOR: 1,57q SOFT.
RESIDENCE OCCUPANCY: 9 RESIDING. + 130 50.FT.
SUPPORT OCCUPANCY: 3 SUPPORT STAFF. BALCONY
TOTAL OCCUPANCY: 12 TOTAL.
MAX. OCCUPANCY OF FLOOR: 20 PERSCA45
CON5IDERING ACCESSORY USE OF LIVING RCKA1.
20 x 2 DOORS= 4- PROVIDED: 68
33 x .3 STAIRS: 9.q - PROVIDED: 80 (5EE 3RD FLR.)
PROJECT
NORTH
t,...,.- MAY 2.5
17F_ 1, n i�'. ... .
1'-
1L Q
w
Z
Q
:U Q
O w
w
U
a m
—
O
H
~ U) F—
U
z w it
L
w
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Q
LU .0 w
w — z
PROJECT
NORTH
t,...,.- MAY 2.5
17F_ 1, n i�'. ... .
W
0
V)
W
J
J
Q
6 total sleeping.
290
70 SF = 2
(220 SF BALANCE) = 4 MORE.
(6 ALLOWED PER UHC -
6 ALLOWED PER USE.)
UNIFORM HOUSING CODE
70 SF FIRST TWO OCCUPANTS.
50 SF EACH ADDITIONAL OCCUPANT.
OCCUPANTS PER FIRST 70 SF.
66 SF BALANCE EQUALS 1 MORE OCCUPANT.
(3 ALLOWED PER UHC - 2 ALLOWED PER USE.)
1 support staff
136 136 95
2 total 2 total
sleeping. sleeping.
SF ANALYSIS INFORMATION.
cgs
F:9 upport staff
355
DINING AREA IS
ACCESSORY USE FOR OCCUPANCY
(PER CBC 1003.2.2.2.1 (EXCEPTION).
355 / 15 .SF = 27 MAXIMUM.
OCCUPANTS (< 50 = ONE EXIT REQUIRED)
(2 EXITS FROM FLOOR PROVIDED.)
— ACCESSORY USE.
LL®®P PLAN SECOND LEVEL: OCCUPANCY
(14 OCCUPANTS TOTAL - MAXIMUM OCCUPANTS ON FLOOR IS 28)
(5EE NOTE CN ACCESSORY USE PER UBC 10032.22.1 - EXCEPTION)
= EXISTING SMOKE DETECTOR.
= EXISTING TWO BULB EMERGENCY LIGHT.
�j CONNECTED TO ELECTRICAL SYSTEM.
s� = EXISTING FIRE ALARM AUDIBLE DEVICE.
CONNECTED TO PULL STATION.
0 = PROPOSED INTERIOR EMERGENCY UGHT,
CONNECTED TO ELECTRICAL SYSTEM.
f;>r = PROPOSED FIRE ALARM STROBE,
CONNECTED TO PULL STATION.
ANALYSIS
OCCUPANCY ANALYSIS - 2ND FLOOR, 1,579 5Q.FT.
RESIDENCE OCCUPANCY: 10 RESIDING. + 130 SQ.FT.
SUPPORT OCCUPANCY: 4 SUPPORT STAFF. BALCONY
TOTAL OCCUPANCY: W TOTAL.
MAX. OCCUPANCY WITH ACCESSORY USE OF DINING /
STUDY AREA FULLY OCCUPIED: 28
28 x .2 DOORS: 5.6 - PROVIDED: 68
33 x .3 STAIRS: 9.9 - PROVIDED: BO (SEE 3RD FLR.)
F—
�1 M
— 'F- 'O
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q O T.1'
IL T.
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0
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af — Z
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Q
a —W. MJS
PROJECT
n
T;
SHEET:
N0R,TH
A-3.0
0
o
G 7
�'�--- HAY 2 5
6 BEDS ALLOWED.
290
70 SF = 2
(220 SF BALANCE) = 4 MORE.
(6 ALLOWED PER UHC -
6 ALLOWED PER USE.)
UNIFORM HOUSING CODE
70 SF FIRST TWO OCCUPANTS.
50 SF EACH ADDITIONAL OCCUPANT.
I
I
CLOSET O
BATH
6 BEDS CURRENTLY.
BEDROOM - 3A
RILL N DWM
DDDR *0 PROVE
NEM DDDR FR011
f1mmy 70 EXIERM
(am NL rmstiv�
19'-9'
2 OCCUPANTS PER FIRST 70 SF.
66 SF BALANCE EQUALS 1 MORE OCCUPANT.
(3 ALLOWED PER UHC - 2 ALLOWED PER USE.) 11
1 support staff 1 support staff c2J
136 136 95
2 BEDS ALLOWED. STUDY AREA IS
ACCESSORY USE FOR OCCUPANCY
(PER CBC 1003.2.2-2.1 (EXCEPTION).
136 / 20 SF = 7 MAXIMUM. �—
SF ANALYSIS INFORMATION.
2 BEDS CURRENTLY.
BEDROOM_ SB
STAFF SUPPORT
RM. 3D
( a
ACCESSORY USE II
STUDY ROOM
CLOS.
RM. 3C
36•WIDIN-HALLWAY
BATH
KITCHEN
4 support staff
485
STUDY AREA IS
ACCESSORY USE FOR OCCUPANCY
(PER CBC 1003.2.2.2.1 (EXCEPTION).
485 / 15 SF = 32 MAXIMUM.
OCCUPANTS (< 50 = ONE EXIT REQUIRED)
(TWO EXITS PROVIDED FROM FLOOR.)
UP
ACCESSORY USE.
EMERGENCY LIGHT.
UL40E IS IE MW..)
FIRE HOSE t
W 0 RBIXStD
10 wm U2PR0
L-- I C� I ISI I I I I I O CD
GUARD
RAIL
i
PRTVIE P,WC BtR (STING EMERGENCY LIGHT- - ((STING FIRE ALARM AUDIBLE I E.
NOT SHOWN ON FR OR RUM AS OR CLARITY) 1 VGA SIRME WD To
PUL SUTIWS j II
I
— 89'
FLOOR PLAN THIRD LEVEL: OCCUPANCY ANALYSIS
(14
OCCUPANTS TOTAL - MAXIMUM
OCCUPANTS ON FLOOR IS 33)
-
(SEE NOTE ON ACCESSORY USE PER UBC 1003.2"21 - EXCEPTION)
g =
EXISTING SMOKE DETECTOR.
1n
BUILDIIJG ANALYSIS
CONS TF UCTION TYPE: V - IHR.
-
EXISTING TWO BULB EMERGENCY LIGHT.
RESIDE14TIAL CLASS: R -I
U
N p
CONNECTED TO ELECTRICAL SYSTEM_
O
+� =
EXISTING FIRE ALARM AUDIBLE DEVICE.
U
CONNECTED TO PULL STATION.
LL.
=
PROPOSED WTFRIOR EMERGENCY LIGHT,
U
CONNECTED TO ELECTRICAL SYSTEM.
4:;} =
PROPOSED FIRE AIA2M STROBE,
CONNECTED TO PILL STATION.
SNCC� ORYORY USE
RK 3E
OCCUPANCY ANALY515 - BIRD FLOOR: 1,717 5Q.FT.
RESIDENCE OCCUPANCY: 8 RESIDING.
SUPPORT OCCUPANCY: 6 5UPPORTSTAFF.
TOTAL OCCUPANCY: 14 TOTAL.
t1AX. OCCUPANCY WITH ACCESSORY USE OF DINING /
STUDY AREA FULLY OCCUPIED: 33
33 x 2 DOORS: 6.6 - PROVIDED: (b
33 x .3 STAIRS, 9.9 - PROVIDED: .30
8
PROJECT N
0
w
N O•RTH a
o
0
r
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0 .Z
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wXa.
U_.
W
Ix
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W
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MAY 2 5
LL1
n
1n
IQ
LLJ
U
N p
!N
O
U
LL.
U
Q
v
OCCUPANCY ANALY515 - BIRD FLOOR: 1,717 5Q.FT.
RESIDENCE OCCUPANCY: 8 RESIDING.
SUPPORT OCCUPANCY: 6 5UPPORTSTAFF.
TOTAL OCCUPANCY: 14 TOTAL.
t1AX. OCCUPANCY WITH ACCESSORY USE OF DINING /
STUDY AREA FULLY OCCUPIED: 33
33 x 2 DOORS: 6.6 - PROVIDED: (b
33 x .3 STAIRS, 9.9 - PROVIDED: .30
8
PROJECT N
0
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N O•RTH a
o
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r
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F--
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MAY 2 5
EXISTING
LANDING AND
STAIRS. -
60' -0 if
1810 W. OCEANFRONT - ROOF PLAN
SCALE: 1/4" = l' -O"
GATE WITH LOCK. LOCATE OFF THIRD FLOOR
LANDING WITH SIGN INDICATING:
NO OCCUPANCY - SERVICE ACCESS ONLY.
14'-3"
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ATTACHMENT 2- — - _--
Planning Department Letter dated May 17, 2005
1092195 ��
CITE' OF NEWPORT BEACH
PLANNING DEPARTMENT
['r,trici l I.. 'I cii,l,lc , [Ar(-•clor
May 17, 2005
Gene Ross FU E COPY
617 Via Lido Soud
Newport Beach, CA 92663
RE: 1810 West Oceanfront/Plan Check No. 0822-2005
Dear Mr. Ross,
The City is in receipt of the plans submitted by Narcanon Southern California for
a residential facility located at 1810 West Oceanfront in the City's Multi -Family
Residential ("MFR") zoning district. The City is approving the permits based
upon the information shown on the plans dated March 28, 2005. Any
development that varies from the March 28, 2005 plans is not permitted unless a
new application is filed with, and approved by, the City. Use and occupancy of
the facility will be as noted on the March 28, 2005 plans, including the following
The property will be limited to a residential occupancy of 27 persons. The first
floor will accommodate a maximum of 9 residents- the second floor will
accommodate a maximum of 10 residents, and the third floor will accommodate a
maximum of 8 residents. Because the property is located in the MFR zone,
assembly uses are not permitted. Therefore, you will not be permitted to use the
property to hold regular meetings for attendees who do not reside in the house
If you have any questions, please contact me at (949) 644-3235 or
palford(a�city newport-beach ca us.
Sincerely,
Patrick J. Alford
Acting Planning Director
Cc Michael Smith, Hawkeye Construction
Narcanon Southern California
IdU� " �14
liD
�Lwe rec NEWPORT BEACH, CA•CIIV �� - --- -_— -_ ---� -"- s�iN Numw.M U:,, 63' Ver vlry
7'� StaN Inbox FHcre .. vJ hkss fro.. -1.
RE! .. „ Ie,sa7... P Fh 1T5 7h . �� Donsron i _._. ✓
10:04AM
S y0r
ATTACHMENT 3 -
- Staff Transit and Parking Plan - - - -
Narconon at 1810 West Ocean Front (property in the blue circle below) is encouraged
to provide a shuttle service, bus passes, or bicycles for staff members. If a Shuttle
Service is utilized the shuttle shall drop off and pick up staff in the areas in reed shown
below and shall walk to work generally along the
However, staff members who have vehicles or motorcycles shall park in the following
manner, in priority order:
• First — Utilizing the carport space at 1810 West Oceanfront in a manner that does not
limit small van deliveries or trash collection.
• Second — Utilizing open "blue pole" metered parking spots along Balboa Boulevard,
with "Blue Pole" Parking Permits.
• Third — Utilizing open regular metered parking spots along Balboa Boulevard, with
Master Parking Permits.
Narcoh on Southern hCalifornia staff shall not park in or along Ocean Front Alley West or
on 18 Street or 19 Street.
1092198
ATTACHMENT 4
Access/Route Plan
The following shall be the Access/Route Plan for client transport, on-site deliveries, and
trash pickups.
LEGEND:
• Solid Yellow — Arrival Route for Large Delivery Trucks
• Solid Orange — Arrival Route for Small Delivery Van or Client Shuttle
• Dotted Yellow — Departure Routes
• Blue Circle — Property Location (1810 West Ocean Front)
• Lime Green Circle — Large Delivery Truck Drop -Off Area (Marina Park Parking Lot)
• Orange Circle — Small Delivery Van (including Fed -Ex and UPS) or Client Van Drop -
Off Area (in 1810 West Ocean Front carport and/or a location adjacent to the carport
in a manner that does not block alley traffic, allowing at least one vehicle to pass)
1092198