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RESOLUTION NO. HO- 2009 -012 <br />A RESOLUTION OF HEARING OFFICER THOMAS W. ALLEN, <br />DESIGNATED BY THE CITY COUNCIL OF THE CITY OF NEWPORT <br />BEACH TO CONDUCT HEARINGS PURSUANT TO CHAPTER 20.91A <br />OF THE NEWPORT BEACH MUNICIPAL CODE, APPROVING USE <br />PERMIT NO. 2008 -031 FOR A RESIDENTIAL CARE FACILITY <br />LOCATED AT 1601 WEST BALBOA BOULEVARD (PA2008 -102) <br />WHEREAS, an application was filed by Ocean Recovery, LLC with respect to <br />property located at 1601 West Balboa Boulevard, and legally described as Lots 28 and <br />29, Block 16, Section B in the City of Newport Beach, County of Orange, State of <br />California (APN 047- 202 -31), as per map recorded in Book 4, Page 27 of Miscellaneous <br />Maps, in the Office of the County Recorder of Orange County, requesting approval of <br />Use Permit No. 2008 -031 to allow a residential care facility to operate an adult alcohol <br />and /or drug abuse recovery treatment facility for females only; and <br />WHEREAS, on February 12, 2009, the 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 law and testimony was presented to, <br />and considered by, the Hearing Officer at the hearing; and <br />WHEREAS, a use permit for the proposed residential care facility has been <br />prepared in accordance with the provisions of Chapter 20.91A of the Municipal Code, <br />which states that in addition to the required findings in Section 20.91.035 (A), the <br />findings required for a use permit in Section 20.91A.060 must also be made; and <br />WHEREAS, the required findings of Section 20.91.035 (A) and facts in support of <br />such findings are as follows: <br />1. Finding: That the proposed location of the use is in accord with the <br />objectives of this code and the purposes of the district in which the site is <br />located. <br />Facts in Support of Finding: <br />The subject property is located within an R -2 District, and the proposed use as a <br />residential care facility is a nonconforming use. Nonconforming uses in a <br />residential district are subject to the provisions of Chapter 20.91A of the NBMC. <br />The proposed application for Use Permit No. 2008 -030 is in accord with the <br />objectives and requirements of Chapter 20.91A with respect to the requirement <br />for the submittal of an application for approval of a use permit to continue the use <br />of the subject property as a residential care facility in the R -2 District. <br />The objectives of the code include provisions intended to reduce, through the use <br />permit process, the potential for overconcentration of residential care facilities <br />within a neighborhood and to protect public health, safety, peace, morals, <br />comfort, or welfare of persons residing or working in or adjacent to the <br />