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RESOLUTION NO. HO- 2009 -007 <br />A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT <br />BEACH DENYING REASONABLE ACCOMMODATION NO. 2009 -04 TO <br />ALLOW RESIDENTS OF AN EXISTING RESIDENTIAL CARE FACILITY <br />LOCATED AT 1561 INDUS STREET, NEWPORT BEACH, CALIFORNIA, BE <br />TREATED AS A SINGLE HOUSEKEEPING UNIT (PA 2008 -105) <br />WHEREAS, Ordinance No. 2008 -05 was adopted by the Newport Beach City Council <br />on January 22, 2008, following noticed public hearings; and <br />WHEREAS, the adoption of Ordinance No. 2008 -05 amended the City of Newport <br />Beach's Municipal Code (NBMC) relating to Group Residential Uses; and <br />WHEREAS, Ordinance No. 2008 -05 added Chapter 20.98 to the NBMC. Chapter <br />20.98 sets forth a process to provide reasonable accommodations in the City's zoning and <br />land use regulations, policies, and practices when needed to provide an individual with a <br />disability an equal opportunity to use and enjoy a dwelling; and <br />WHEREAS, an application was filed by Yellowstone Women's First Step House, Inc., <br />with respect to property located at 1561 Indus Street, and legally described as Lot 14, Tract <br />4307 in the City of Newport Beach, County of Orange, State of California (APN 119 - 361 -08), <br />as per map recorded in Book 153, Pages 18 -20 of Miscellaneous Maps, requesting approval <br />of a Reasonable Accommodation for the residents of the facility to be treated as a Single <br />Housekeeping Unit as defined in Section 20.03.030 of the Newport Beach Municipal Code <br />(NBMC); and <br />WHEREAS, a public hearing was held on February 20, 2009 in the City Hall Council <br />Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and <br />purpose of the meeting was given in accordance with the Municipal Code. Evidence, both <br />written and oral, was presented and considered at this meeting and the hearing was <br />continued to March 12, 2009 for action on the resolutions and where the public hearing was <br />reopened to receive additional evidence, both written and oral from the applicant, staff and <br />the public; and <br />WHEREAS, the both hearings were presided over by Thomas W. Allen, Hearing <br />Officer for the City of Newport Beach; and <br />WHEREAS, pursuant to Section 20.98.025(8) of the NBMC, the written decision to <br />approve, conditionally approve, or deny a request for reasonable accommodation shall be <br />based on the following findings, all of which are required for approval. <br />1. Finding: That the requested accommodation is requested by or on the behalf of <br />one or more individuals with a disability protected under the Fair Housing Laws. <br />Facts in support of finding: The applicant submitted a written statement stating that <br />every resident of the facility is in recovery from alcohol addiction. Federal regulations <br />and case law have defined recovery from alcoholism and drug addiction as a disability, <br />