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RESOLUTION NO. HO- 2009 -014 <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. 2008-030 FOR A RESIDENTIAL CARE FACILITY <br />LOCATED AT 1115 WEST BALBOA BOULEVARD (PA2008 -101) <br />WHEREAS, an application was filed by Ocean Recovery, LLC with respect to <br />property located at 1115 West Balboa Boulevard, and legally described as Lots 19 and <br />20 in Block 11 of Tract No. 234 in the City of Newport Beach, County of Orange, State <br />of California (APN 047 - 251 -08), as per map recorded in Book 013, Page(s) 36 -37 of <br />Miscellaneous Maps, in the Office of the County Recorder of Orange County, requesting <br />approval of Use Permit No. 2008 -030 to allow a residential care facility to operate an <br />adult alcohol and /or drug abuse recovery treatment facility for males only; and <br />WHEREAS, on February 12, 2009, and May 7, 2009, the Hearing Officer held a <br />noticed hearing in the City Hall Council Chambers, at 3300 Newport Boulevard, <br />Newport Beach, California at which time the project application was considered. Notice <br />of time, place and purpose of the public hearing was given in accordance with law and <br />testimony was presented to, and considered by, the Hearing Officer at the hearing; and <br />WHEREAS, the Hearing Officer has evaluated and weighed the testimony from <br />the February and May hearings. While differences of opinion were expressed, and on <br />occasion the Applicant responded to specific allegations by saying it was not aware of <br />the circumstances alleged, these differences do not constitute grounds to change the <br />Hearing Officer's decision to grant the permit, particularly in view of the fact that the <br />Conditions of Approval imposed on the Use Permit address the issues where <br />disagreement was evident; 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, the findings <br />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 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 objectives of <br />this code and the purposes of the district in which the site is located. <br />Facts in Support of Finding: The subject property is within an R -2 District, and the <br />proposed use as a residential care facility is a nonconforming use. <br />Nonconforming uses in a residential district are subject to the provisions of <br />Chapter 20.91A of the NBMC. Pursuant to this chapter, any property in a <br />residential district which became nonconforming as a result the passage of <br />Ordinance 2008 -05 may seek the issuance of a conditional use permit to <br />continue the use so long as the application for that permit was filed within the <br />