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Home My WebLink About2010-10 - 1621 Indus StreetRESOLUTION NO. 2010-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING APPEALS, AND SUSTAINING AND AFFIRMING THE DECISIONS OF THE HEARING OFFICER TO DENY WITH PREJUDICE USE PERMIT NO. 2008 -035 AND REASONABLE ACCOMMODATION NO. 2009= 005 FOR AN EXISTING RESIDENTIAL CARE FACILITY LOCATED AT 1621 INDUS STREET, NEWPORT BEACH, CALIFORNIA (PA 2008 -106) WHEREAS, Ordinance No. 2008 -05 was adopted by the Newport Beach City Council on January 22, 2008, following noticed public hearings, and the ordinance amended the City of Newport Beach's Municipal Code (NBMC) relating to Group Residential Uses; and WHEREAS, Ordinance No. 2008 -05 added Chapter 20.91A to the NBMC, which permits persons whose use of property was made nonconforming by the adoption of the ordinance to seek issuance of a use permit to continue the nonconforming use; and WHEREAS, Ordinance No. 2008 -05 added Chapter 20.98 to the NBMC, which sets forth a process to provide reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling; and WHEREAS, at the time Ordinance No. 2008 -05 was adopted, Yellowstone Women's First Step House, Inc. (Yellowstone) operated four facilities without having obtained use permits from the County of Orange at the time of establishment of the use located in the Santa Ana Heights Specific Plan District and zoned Residential - Single Family (RSF), which pursuant to Ordinance No. 2008 -05 would be classified as "Residential Care Facility, General Unlicensed;" and WHEREAS, applications were filed by Yellowstone with respect to property located at 1621 Indus Street, and legally described as Lot 18, Tract 4307, in the City of Newport Beach, County of Orange, State of California (APN 119 - 361 -04), as per map recorded in Book 153, Pages 18 -20 of Miscellaneous Maps; and WHEREAS, Yellowstone applied for a use permit to allow the continued operations of the facility, and applied for reasonable accommodation requesting: (1) that the residents of the facility be treated as a single housekeeping unit as defined in Section 20.03.030 of the NBMC; (2) an exemption from the occupancy restrictions of NBMC Section 20.91A.050 which requires that use permits granted to residential facilities restrict occupancy to no more than 2 residents per bedroom plus one additional resident; and (3) an exemption from the City's requirement that all use permit applicants pay an application filing fee; and WHEREAS, a public hearing was held on February 20, 2009 in the City Hall Council Chambers, 3300 Newport Boulevard; Newport Beach, California. A notice of time, place and purpose of the.meeting was given in accordance with the Municipal Code, and evidence, both written and oral, was presented and considered at this meeting; and WHEREAS, the hearing was continued to March 12, 2009, where the public hearing was reopened on the matter of the use permit application to receive additional evidence, and continued on the matter of the reasonable accommodation requests, to take testimony from staff, the applicant, and the public; and WHEREAS, both hearings were presided over by Thomas W. Allen, Hearing Officer for the City of Newport Beach; and WHEREAS, the Hearing Officer determined the Yellowstone facility located at 1621 Indus Street was not a legally - established use when the use was established within the Orange County unincorporated territory know as West Santa Ana Heights, and was not qualified to seek a use permit to continue the use in its current location; and WHEREAS, the Hearing Officer determined not all of the five findings required pursuant to Section 20.98.025 (B) of the NBMC could be made to grant Reasonable Accommodation No. 2009 -005 for the request to treat residents of the facility located at 1621 Indus Street as a single housekeeping unit, as defined in Section 20.03.030 of the NBMC; and WHEREAS, the Hearing Officer determined the request for an exemption from the occupancy restrictions of NBMC Section 20.91A.050 was not necessary because a use permit to allow the continued operation of the facility was denied; and WHEREAS, the Hearing Officer adopted Resolution No. HO- 2009 -004, denying Use Permit No. 2008 -035 with prejudice, and Resolution No. HO- 2009 -008, denying Reasonable Accommodation No. 2009 -005 with prejudice; and WHEREAS, Yellowstone filed appeals of the Hearing Officer's decisions requesting that the City Council consider: (1) the denial with prejudice of Use Permit No. 2008 -035 to allow the continued operations of the facility; (2) the denial with prejudice of Reasonable Accommodation No. 2009 -005 to treat the residents of the facility as a single housekeeping unit; and (3) the request for exemption from the occupancy restrictions of NBMC Section 20.91A.050; and WHEREAS, pursuant to Section 20.98.025 A of the NBMC, the standard of review on appeal shall not be de novo and the City Council shall determine whether the findings and determinations made by the Hearing Officer were supported by substantial evidence in the administrative record and presented during the evidentiary hearing. The City Council may sustain, reverse or modify the decisions of the Hearing Officer; and WHEREAS, a public hearing on the appeals of the Hearing Officer's decisions to deny with prejudice Use Permit No. 2008 -035 and Reasonable Accommodation No. 2009 -005 was scheduled on September 22, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the aforesaid meeting was given. The September 22, 2009 hearing was continued to November 24, 2009, and this hearing was continued to December 2, 2009. The December 2, 2009 hearing was continued to January 11, 2010; and 2 WHEREAS, at the continued public hearing on January 11, 2010, the City Council considered evidence in the administrative record, including the analysis in the staff report, the February 20, 2009 and March 12, 2009 public hearing transcripts, and documents submitted by the public; and WHEREAS, following testimony from staff, the appellant, and the public, the City Council determined that substantial evidence exists in the administrative record to support the Hearing Officer's decision to deny with prejudice Use Permit No. 2008 -035 and Reasonable Accommodation No. 2009 -005, and to support the Hearing Officer's determination that the request for an exemption from the occupancy restrictions of NBMC Section 20.91A.050 was not necessary, thereby denying the appeals, and sustaining and affirming the Hearing Officer's decisions; and WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section (Section 15061(b)(3) (Existing Facilities). This class of projects has been determined not to have a significant effect on the environment and is exempt from the provisions of CEQA. This activity is also covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment of the CEQA Guidelines. It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment and therefore it is not subject to CEQA. NOW THEREFORE, BE IT RESOLVED: Section 1. The City Council of the City of Newport Beach, having reviewed the administrative record and having received and considered argument at its hearing of the matter finds the above recitals to be true and correct and adopts them as findings in this matter. Section 2. The City Council of the City of Newport Beach hereby denies the appeals, and sustains and affirms the decisions of the Hearing Officer to deny with prejudice Use Permit No. 2008 -035 and Reasonable Accommodation No. 2009 -005. PASSED, APPROVED AND ADOPTED THIS 26"' DAY OF JANUARY, 2010. ATTEST: dg,4� �, A Nw�% City Clerk 3 MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2010 -10 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 26th day of January, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of January, 2010. K• AAXI-r'� City Clerk Newport Beach, .California (Seal)