TO: Timothy Riley, Fire Chief-City of Newport Beach
Homer Bludau, City Manager-City of Newport Beach
SUBJECT: Drug & Alcohol Rehab Business on Residential Property-
Zoning Code Violations
This letter, delivered via certified mail to the Fire Chief and City
Manager, formally and legally notifies the City of violations of the City
Zoning Code. To date, prior letters of complaint sent by numerous residents
have resulted in no action. This letter serves as an official and legal
request for immediate enforcement of the Newport Beach City Zoning Code, and
declaration of nuisance & abatement. Specific issues and Zoning Code
citations follow.
In a letter received from Fire Marshall Dennis Lockard dated November 25,
2003 he stated,
"...a fire clearance has been granted to Narconon Southern
California Inc., for the address of 1810 W. Ocean Front with the
following conditions: 1. The previous ambulatory capacity of 32
persons shall be amended to a total ambulatory capacity of 27
persons, which includes staff and clients."
Narconon, Inc. (1810 W. OceanFront) is a Drug and Alcohol Rehabilitation
Business operating in a residential property/district. It is defined in
city code as a 'Residential Care, General' business. " Twenty-four-hour
non-medical care for seven or more persons, including wards of the juvenile
court, in need of personal services, supervision, protection, or assistance
essential for sustaining the activities of daily living. This
classification includes only those services and facilities licensed by the
State of California." [NB Zoning Code 20.05.040]
'USE PERMIT' REQUIRED FOR 'RESIDENTIAL CARE, GENERAL'
NB Zoning Code 20.10.020 - Requires a 'Use Permit' for 'Residential Care,
General' facilities. Narconon has never been issued a Use Permit. Code
20.10.010 details the specific purposes of a Use Permit including, "...
protect residents from harmful effects of excessive noise, population
density, traffic congestion, and other adverse environmental effects." The
City Zoning Code requires that the city conduct a through environmental and
residential impact review, public hearing, and secure approval by the City
Planning Commission for these facilities. This has not been done.
'FIRE CLEARANCE' APPROVED WITHOUT 'USE PERMIT'
Narconon does not have the required city Use Permit for operation. Why did
the Fire Dept. issue a fire clearance last month for this facility to
operate without the required city Use Permit?
VIOLATION OF 'OFF-STREET PARKING'
NB Zoning Code 20.66.030 - Allows only three beds per one off-street parking
space for 'Residential Care, General' facilities. The Narconon facility at
1810 W. Ocean Front only contains 3 off-street parking spaces. The maximum
bed capacity of this facility is 9 beds, NOT the 27 beds permitted by Fire
Marshall's amended total on November 25, 2003, Why did the City Fire
Department issue a Fire Clearance and amended capacity for 27? And why has
the city allowed Narconon to operate with 27-45 beds for years, when the
maximum should be 9?
'CERTIFICATE OF OCCUPANCY/CAPACITY' WITHOUT 'USE PERMIT'
NB Zoning Code 20.91.015 - No Certificate of Occupancy may be issued
without a Use Permit. Again, Narconon holds no city Use Permit, but does
have a Certificate of Occupancy. Why has occupancy/capacity been
issued/amended without a required city Use Permit? "No certificate of
occupancy shall be issued in any case where a use permit or variance is
required by the terms of this code unless and until such use permit or
variance has been granted by the Planning Director or the Planning
Commission or by the affirmative vote of the City Council on appeal or
review and then only in accordance with the terms and conditions of the use
permit or variance granted."
'CITY BUSINESS LICENSE' ISSUED WITHOUT 'USE PERMIT'
The city of Newport Beach has annually issued a City Business License to
Narconon for operation as a 'Specialty Hospital' at 1810 W. OceanFront
without a required Use Permit. This violates Code 20.10.020. A specialty
hospital in a residential property without a Use Permit?
NARCONON LEASES ADDITIONAL RESIDENTIAL PROPERTY WITHOUT USE PERMIT, BUSINESS
LICENSE, CERTIFICATE OF OCCUPANCY, FIRE CLEARANCE NOR STATE LICENSE
Narconon has expanded their business into an additional residential property
at 1811 W. Balboa Blvd. - across the alley from their original location of
1810 W. Ocean Front. Prior letters of complaint regarding this illegal
expansion were forwarded to the Fire Marshall on October 27, 2003, and to
the City Assistant Manager and Planning Department Director on October 23,
2003. Significant evidence is available upon request, including a letter
from the owner of this additional residential property verifying his rental
leasing to Narconon. [attached]
* There is NO City Use Permit on file for this additional address. (Code
20.91.015)
* There is NO City Business License on file for this additional address- and
a 'Use Permit' would be required to issue a Business License. (Zoning Code
20.91.015)
* There is NO Certificate of Occupany on file for this additional address-
and a 'Use Permit' would be required to issue such a Certificate. (Zoning
Code 20.91.015)
* There is NO Fire Clearance on file for this additional address- and a
'Use Permit' would be required to issue such a Clearance. (Zoning Code
20.91.015)
* There is NO State License on file for this additional property to operate
as part of Narconon.
'EXPANSION' TRIGGERS REQUIREMENT FOR IMMEDIATE USE PERMIT APPLICATION BY
NARCONON
The 'expansion' by Narconon into an additional residential property at 1811
W. Balboa Blvd. is in violation of Zoning Code 20.91.055. This city zoning
code requires Narconon to now secure a Use Permit since they have expanded
services that would require an original use permit. "A ... change to plans
that would affect a condition of approval, shall be treated as a new
application." In addition, "A use normally permitted by right or by the
approval of a use permit, but which is nonconforming by virtue of the
required conditions of the district in which it is located, may be expanded,
increased or intensified by way of a change in operational characteristics
upon the approval of a use permit." This Zoning Code requires an
application for a Use Permit be required of Narconon immediately.
STATE LICENSING FROM ADP
For Narconon to deliver services as a drug/alcohol treatment center they
were state-licensed from the California Department of Alcohol and Drug
Programs (ADP). This state license DOES NOT eliminate nor supercede local
city zoning code. The state licensing agency, ADP, is required to honor
local city zoning codes, business license requirements, and fire department
clearances & occupancy requirements. Quote from ADP document: "Local
officials are involved in zoning of property for commercial and residential
use and issuance of use permits and business licenses." The city of Irvine
is an excellent example of enforcement of identical City Zoning Codes,
resulting in NO residentially-based Drug/Alcohol Treatment Centers in
Irvine.
FORMAL REQUEST - IMMEDIATE ENFORCEMENT OF CITY ZONING CODE
On behalf of the residents/property owners in the neighborhood of this
Narconon facility, I requested the immediate enforcement of the city Zoning
Code. "All departments, officials and public employees of the City of
Newport Beach, vested with the duty or authority to issue permits or
licenses shall conform to the provisions of this code and shall issue no
permit or license for uses, buildings or purposes in conflict with the
provisions of this code; and any such permit or license issued in conflict
with the provisions of this code shall be null and void." [20.96.010]
FORMAL REQUEST - DECLARATION OF NUISANCE & ABATEMENT
Finally, the City Zoning Code provides for a 'Declaration of Nuisance;
Abatement'.
"Any building or structure set up, erected, constructed, altered,
enlarged, converted, moved or maintained contrary to the provisions
of this code, and any use of any land, building or premises
established, conducted, operated or maintained contrary to the
provision of this code, shall be and the same is hereby declared to
be unlawful and a public nuisance; and the City Attorney shall, upon
order of the City Council, immediately commence action or
proceedings for the abatement and removal..." [City Zoning Code
20.96.030]
This letter formally and legally notifies the City of violations of the City
Zoning Code. To date, prior letters of complaint sent by numerous residents
have resulted in no action. This letters serves as an official and legal
request for immediate enforcement of the Newport Beach City Zoning Code, and
declaration of nuisance & abatement.
Sincerely,
______________________________
Dr. Linda Orozco