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RESOLUTION NO. HO- 2009 -022 <br />A RESOLUTION OF A HEARING OFFICER OF THE CITY <br />OF NEWPORT BEACH DENYING WITH PREJUDICE USE <br />PERMIT NO. 2008 -033 TO ALLOW AN EXISTING GROUP <br />RESIDENTIAL USE TO CONTINUE AT 1216 WEST <br />BALBOA BOULEVARD, NEWPORT BEACH, CALIFORNIA <br />(PA2008 -104) <br />WHEREAS, Ordinance No. 2008 -05 was adopted by the Newport Beach City <br />Council on January 22, 2008, following noticed public hearings; and <br />WHEREAS, the adoption of Ordinance No. 2008 -05 amended the City of <br />Newport Beach's Municipal Code (NBMC) relating to Group Residential Uses; and <br />WHEREAS, Ordinance No. 2008 -05 added Chapter 20.91A to the NBMC. <br />Chapter 20.91A sets forth a process by which existing group residential care facilities, <br />except for state - licensed drug or alcohol treatment homes serving six or fewer clients <br />and not operating integrally with other uses, must apply for use permits to remain in <br />operation beyond February 2009; and <br />WHEREAS, Newport Coast Recovery, LP, located at 1216 West Balboa <br />Boulevard ( "Use Location ") in Newport Beach, California is today a residential care <br />facility located in an apartment complex with seven dwelling units that is a state - <br />licensed alcohol or drug residential treatment home for up 29 persons (ADP License No. <br />300156AP); and <br />WHEREAS, Newport Coast Recovery, LP ( "Use ") applied for Use Permit No. <br />2008 -033 to continue its operations as an 18 bed facility under Ordinance No. 2008 -05 <br />within the applicable time period, and a noticed public hearing was held on Monday, <br />December 8, 2008, at the Newport Beach City Council Chambers where public <br />testimony was taken, including testimony from the applicant, and this hearing was <br />continued to Monday, January 12, 2009, also at the Newport Beach City Council <br />Chambers where more public testimony was received including testimony from the <br />applicant; and <br />WHEREAS, in order to allow an existing group residential care facility to remain <br />in operation, a Hearing Officer must find, following a noticed public hearing, that all four <br />of the findings identified in NBMC §20.91.035.A and all seven of the findings identified <br />in NBMC §20.91A.060 can be met; and <br />WHEREAS, both hearings were presided over by Thomas W. Allen, Hearing <br />Officer for the City of Newport Beach; who determined not all findings could be made <br />and adopted Resolution HO- 2009 -001 on February 4, 2009, denying with prejudice Use <br />Permit No. 2008 -033; and <br />