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RESOLUTION NO. HO- 2010 -001 <br />A RESOLUTION OF A HEARING OFFICER OF THE CITY OF <br />NEWPORT BEACH APPROVING A REASONABLE <br />ACCOMMODATION FOR A RESIDENTIAL CARE FACILITY <br />LOCATED AT 124 30TH STREET AND OPERATED BY BALBOA <br />RECOVERY, INC. (PA 2009 -012) <br />WHEREAS, Ordinance No. 2008 -05 was adopted by the Newport Beach City Council <br />on January 22, 2008, following noticed public hearings, and the ordinance amended the City <br />of Newport 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 Kevin Cullen, on behalf of Balboa Recovery, Inc., <br />requesting a reasonable accommodation from the requirements of Newport Beach Municipal <br />Code (NBMC) Section 20.10.020 (Residential Districts: Land use Regulations) with respect to <br />property located at 124 30th Street, and legally described as Newport Beach City Block 29, Lot <br />18, Tract 512; and <br />WHEREAS, a public hearing was held on May 20, 2009, presided by Hearing Officer <br />Thomas Allen, who determined that the findings required by Section 20.98.025(B) of the NBMC <br />could not be made to grant a reasonable accommodated for 10 resident clients and two resident <br />managers, and on July 2, 2009, the Hearing Officer adopted Resolution No. HO- 2009 -015 <br />denying Reasonable Accommodation No. 2009 -002 without prejudice, granting the applicant a <br />one -year period in which to abate the use; and <br />WHEREAS, on February 1, 2010, Kevin Cullen submitted a request for an amendment <br />to his request for Reasonable Accommodation No. 2009 -002 to allow the continued operation <br />of an existing sober living facility with a reduced population from 10 female adult resident <br />clients and two resident managers to no more than six female adult resident clients and two <br />resident managers in the two units of a duplex building. The facility is located in the R -2 <br />District, where such uses are not permitted, and the applicant requests an accommodation <br />from the requirements that sober living facilities are permitted only in MFR Districts with <br />approval of a use permit; and <br />WHEREAS, a public hearing was held on June 11, 2010, 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 and other <br />applicable laws. Evidence, both written and oral, was presented and considered at this <br />meeting; and <br />WHEREAS, the hearing was presided over by Judy Sherman, Hearing Officer for the <br />City of Newport Beach; and <br />