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RESOLUTION NO. HO- 2009 -011 <br />A RESOLUTION OF A HEARING OFFICER OF THE CITY OF <br />NEWPORT BEACH APPROVING REASONABLE <br />ACCOMMODATION NO. 2008 -003 FOR A RESIDENTIAL CARE <br />FACILITY LOCATED AT 900 WEST BALBOA BOULEVARD AND <br />OPERATED BY LMS PROPERTIES, LLC (PA 2008 -213) <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 Steve Kim, on behalf of LMS Properties, LLC, <br />with respect to property located at 900 West Balboa Boulevard, and legally described as Lot 1 <br />and southeasterly 14 feet of Lot 2, Block 109, Section B Newport Beach Tract, requesting an <br />accommodation from the requirements of NBMC Section 20.10.020 (Residential Districts: Land <br />Use Regulations), and allow the continued operation of an existing unlicensed residential care <br />facility in the R -2 District where such uses are not permitted unless a use permit has been <br />applied for and received; and <br />WHEREAS, a public hearing was held on March 25, 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 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 Thomas W. Allen, Hearing Officer for <br />the City of Newport Beach; and <br />WHEREAS, the required findings of Section 20.98.025(B) of the NBMC and facts in <br />support of such findings are as follows: <br />1. Finding: The requested accommodation is requested by or on the behalf of one <br />or more individuals with a disability protected under the Fair Housing Laws. <br />Facts in Support of Finding: LMS Properties, LLC submitted a statement signed under <br />penalty of perjury that every resident of the facility is in recovery from alcohol and /or <br />drug addiction. Federal regulations and case law have defined recovery from <br />alcoholism and drug addiction as a disability, because it is a physical or mental <br />condition that substantially impairs one or more major daily life activities. <br />