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RESOLUTION NO. HO- 2009 -024 <br />A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT <br />BEACH DENYING WITH PREJUDICE REQUEST NO. TWO OF A REQUEST <br />FOR REASONABLE ACCOMMODATION NO. 2009 -009 FOR AN EXISTING <br />LICENSED ADULT ALCOHOL AND /OR DRUG ABUSE RECOVERY AND <br />TREATMENT FACILITY LOCATED AT 1216 WEST BALBOA BOULEVARD, <br />NEWPORT BEACH, CALIFORNIA (PA 2008 -104) <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 Newport Coast Recovery, LP, ( "applicant ") with <br />respect to property located at 1216 West Balboa Boulevard, and legally described as Lots 5 <br />and 6, Block 112, Tract 234 in the City of Newport Beach, County of Orange, State of <br />California (APN 047 - 234 -14), as per map recorded in Book 013, Pages 36 -37 of <br />Miscellaneous Maps, requesting approval of the following requests for one of two alternate <br />reasonable accommodations: <br />Request No. One - An exemption from the portions of NBMC Section 20.10.020 <br />(Residential Districts: Land Use Regulations) that require Residential Care Facilities, <br />General to be established only in residential districts zoned Multifamily Residential (MFR) <br />with a use permit, subject to the operational conditions recommended by City staff in the <br />January 12, 2009 staff report for Use Permit No. 2008 -33, including a maximum <br />occupancy of 14 residents, which was denied by the Hearing Officer; <br />or, in the alternative, <br />2. Reauest No. Two - An exemption from the requirements specified in NBMC Section <br />20.91A.050 (Development and Operational Standards), including: <br />• A waiver of the occupancy restriction of two persons per bedroom plus one staff <br />member, and to allow a total occupancy of 18 residents; <br />• An exemption from parking requirements specified in NBMC Section 20.66.030 and <br />to impose parking requirements that treat the residents and the visitors of the <br />residents in the same manner as any other resident or visitor to Newport Beach, <br />particularly those requirements that pertain to weekend visitation; <br />• Treat the use of the licensed residential care facility as a legal nonconforming use; <br />