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RESOLUTION NO. HO -2009 -018 <br />A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT <br />BEACH DENYING WITH PREJUDICE REQUEST NO. 2 OF A REQUEST FOR <br />REASONABLE ACCOMMODATION NO. 2008 -001 FOR AN EXISTING SOBER <br />LIVING FACILITY LOCATED AT 3309 CLAY STREET, 492 ORANGE <br />AVENUE, AND 492 % ORANGE AVENUE (PA 2008 -181). <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 Pacific Shores Properties, with respect to <br />properties located at 3309 Clay Street, 492 Orange Avenue, and 492 Y2 Orange Avenue, and <br />legally described as Lot 2 and Lot 1 in Block 6 of Tract No. 27 in the City of Newport Beach, <br />County of Orange, State of California (APN 425 - 282 -02 and 425- 282 -01), requesting approval <br />of the following five requests for reasonable accommodation: <br />1. That residents of its facility at 3309 Clay Street, 492 Orange Avenue and 492 '/2 <br />Orange Avenue be treated as a single housekeeping unit as defined in Section <br />20.03.030 of the Newport Beach Municipal Code; <br />2. That the City no longer classify or treat the properties at 3309 Clay Street, 492 Orange <br />Avenue and 492 '/2 Orange Avenue as "Residential Care Facilities," as defined by <br />NBMC Section 20.05.010; <br />3. That the City classify the use of the dwellings at 3309 Clay Street, 492 Orange Avenue <br />and 492'/2 Orange Avenue as a legal nonconforming use; <br />4. That all code provisions applicable to the use of 3309 Clay Street, 492 Orange Avenue <br />and 492 % Orange Avenue (including Zoning Code, Building Code, fire safety and any <br />other applicable code) be applied to those properties in the same manner that those <br />codes are applied and enforced to single family and two family residential uses located <br />in residential districts zoned R -2; and <br />5. That the City waive the requirement of NBMC Section 20.91A.020 that unlicensed <br />residential care facilities may be located only in a residential district zoned MFR with a <br />use permit. <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 />