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RESOLUTION No. HO- 2009 -005 <br />A RESOLUTION OF A HEARING OFFICER OF THE CITY <br />OF NEWPORT BEACH DENYING WITH PREJUDICE USE <br />PERMIT NO. 2008 -036 TO ALLOW AN EXISTING GROUP <br />RESIDENTIAL USE TO CONTINUE AT 1571 PEGASUS <br />STREET, NEWPORT BEACH, CALIFORNIA (PA2008 -107) <br />WHEREAS, Ordinance No. 2008 -05 was adopted by the Newport Beach City <br />Council on January 22, 2008, following noticed public hearings; and <br />WHEREAS, the adoption of Ordinance No. 2008 -05 amended the City of <br />Newport Beach's Municipal Code (NBMC) relating to Group Residential Uses; and <br />WHEREAS, Ordinance No. 2008 -05 added Chapter 20.91A to the NBMC. <br />Chapter 20.91A sets forth a process by which existing nonconforming uses in <br />residential areas, including existing group residential care facilities (except for state - <br />licensed drug or alcohol treatment homes serving six or fewer clients), must apply for <br />use permits to remain in operation at their current location beyond February 2009; and <br />WHEREAS, Yellowstone Women's First Step House, Inc., submitted Group <br />Residential Use Permit applications for four sober living facilities located at 1561 Indus <br />Street, 1621 Indus Street, 1571 Pegasus Street and 20172 Redlands Drive, all located <br />in the City of Newport Beach, California; and <br />WHEREAS, Yellowstone Women's First Step House, Inc., located at 1571 <br />Pegasus Street ( "Use Location ") in Newport Beach, California, is an existing group <br />residential care facility operating an unlicensed "sober living" facility for 18 women in an <br />existing single - family dwelling; and <br />WHEREAS, an application was filed by Yellowstone Women's First Step House, <br />Inc. ( "Use') pursuant to Ordinance No. 2008 -05 within the applicable time period with <br />respect to property located at 1571 Pegasus Street, and legally described as Lot 8, <br />Tract 4307 in the City of Newport Beach, County of Orange, State of California (APN <br />119 - 361 -14), as per map recorded in Book 153, Pages 18 -20 of Miscellaneous Maps, in <br />the Office of the County Recorder of Orange County, requesting approval of Use Permit <br />No. 2008 -036 to allow a residential care facility to continue its operations as an 18 bed <br />adult sober living facility for females only; and <br />WHEREAS, on February 20, 2009, a Hearing Officer held a noticed hearing in <br />the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach California <br />at which time the project application was considered. Notice of time; place and purpose <br />of the public hearing was given in accordance with the Newport Beach Municipal Code. <br />Evidence, both written and oral, was presented to, and considered by, the Hearing <br />Officer at this meeting, and the hearing was continued to March 12, 2009, when the <br />