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City of Newport Beach <br />Hearing Officer Resolution <br />1621 Indus Street <br />(Use Permit No. 2008 -035) <br />Page 2 of 4 <br />public hearing was reopened to receive additional evidence, both written and oral from <br />the applicant, staff and the public; and <br />WHEREAS, both hearings were presided over by Thomas W. Allen, Hearing <br />Officer for the City of Newport Beach; and <br />WHEREAS, the Yellowstone facility located at 1621 Indus Street was established <br />on or after August 2003, during the time when the location was part of Orange County <br />unincorporated territory and subject to the Orange County Codified Ordinances; and <br />WHEREAS, the Yellowstone facility located at 1621 Indus Street was established <br />by Yellowstone in advance of the City's January 1, 2008, annexation of West Santa Ana <br />Heights. Previous to January 1, 2008, the Yellowstone facility was subject to the <br />regulations of the County of Orange, as such regulations apply to County <br />unincorporated lands. The Orange County Codified Ordinances allows certain specified <br />recovery facilities to establish in residential zones, provided that the facilities obtain a <br />use permit issued by the Orange County Planning Commission. More specifically, the <br />use permit requirement applies to "Community Care Facilities" and "Congregate Care <br />Facilities" which house from seven (7) to twelve (12), inclusive, persons requiring care <br />(Section 7 -9 -141, Section 7- 9- 141.3[b], and Section 7 -9 -150 of the Orange County <br />Codified Ordinances). Congregate Care Facilities which house 13 or more persons are <br />permitted with a use permit issued by the Orange County Planning Commission in any <br />district, planned community, or specific plan area zoned for multifamily residential <br />dwellings or hotels (Section 7- 9- 141.3[c] and Section 7 -9 -150 of the Orange County <br />Coded Ordinances); and <br />WHEREAS, an inquiry made by the City to the County of Orange's Planning <br />Department ( "OC Planning ") in February 2009 showed that only one use permit was <br />issued by the County of Orange that applies to any of Yellowstone's four operations, <br />and that use permit was a temporary use permit (TPU 050001) authorizing the facility at <br />1621 Indus Street to hold 40 meetings at 1621 Indus Street within Calendar Year 2005. <br />The County has no record of any of the four Yellowstone facilities (1561 Indus Street, <br />1621 Indus Street, 1571 Pegasus Street, and 20172 Redlands Drive) having received <br />use permits authorizing their operation as either Community Care Facilities or <br />Congregate Care Facilities from the County of Orange's Planning Commission per the <br />Orange County Codified Ordinances, Although County Planning staff and Code <br />Enforcement staff informed City staff verbally and in writing (Exhibit 1, attached hereto) <br />that sober living houses would be considered a Community Care Facility or a <br />Congregate Care Facility, nothing in the record known to the City shows that the <br />facilities were legally - established uses at any time Yellowstone operated them while the <br />West Santa Ana Heights area was part of the County of Orange's unincorporated <br />territory; and <br />