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RESOLUTION NO. HO- 2011 -01 <br />A RESOLUTION OF A HEARING OFFICER OF THE CITY <br />OF NEWPORT BEACH DENYING REASONABLE <br />ACCOMMODATION NO. 2011 -001 FOR A RESIDENTIAL <br />CARE FACILITY LOCATED AT 2927 PAPER LANE AND <br />OPERATED BY STEPHOUSE RECOVERY, INC. (PA 2011- <br />117) <br />WHEREAS, Chapter 20.52 of the Newport Beach Municipal Code (NBMC) sets <br />forth a process to provide reasonable accommodations in the City's zoning and land <br />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 George J. Vilagut, on behalf of StepHouse <br />Recovery, Inc., with respect to property located at 2927 Paper Lane, and legally described <br />as Lot 8 of Tract 3068, requesting accommodation from the requirements of Newport <br />Beach Municipal Code (NBMC) Section 20.18.020 (Residential Zoning Districts Land <br />Uses and Permit Requirements) to allow the continued operation of an existing sober <br />living home for up to 6 male adult resident clients and one resident manager. The <br />facility is located in the R -1 -6000 Zoning District, where such uses are not permitted, <br />and the applicant requests an accommodation from the requirements that sober living <br />facilities are permitted only in RM and RMD Zoning Districts with approval of a <br />Conditional Use Permit; and <br />WHEREAS, a public hearing was held on September 30, 2011, in the City Hall <br />Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, <br />place and purpose of the meeting was given in accordance with the NBMC 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 Hon. John C. Woolley, retired <br />Judge (California Superior Court, Orange County), Hearing Officer for the City of <br />Newport Beach; and <br />WHEREAS, the required findings of Section 20.52.070 (D.2) of the NBMC and <br />facts that support or do not support such findings are as follows: <br />1. Required Finding: The requested accommodation is requested by or on the <br />behalf of one or more individuals with a disability protected under the Fair <br />Housing Laws. <br />Facts in Support of Finding: StepHouse Recovery, Inc. submitted a statement signed <br />under penalty of perjury that every resident of the facility is in recovery from alcohol <br />and /or drug addiction. Federal regulations and case law have defined recovery from <br />