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RESOLUTION NO. HO- 2009 -015 <br />A RESOLUTION OF A HEARING OFFICER OF THE CITY OF <br />NEWPORT BEACH DENYING A REQUEST FOR 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 <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 accommodation 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 />with respect to property located at 124 30th Street, and legally described as Newport Beach City <br />BLK 29 Lot 18 TR 512; and <br />WHEREAS, a public hearing was held on May 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 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: Balboa Recovery Inc., 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 />2. Finding: The requested accommodation is necessary to provide one or more <br />individuals with a disability an equal opportunity to use and enjoy a dwelling. <br />