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Home My WebLink About25 - Yellowstone Women's First Step House, Inc.CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 25 November 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Hunt, City Attorney Ext. 3131, dhuntC$newportbeachca.cov SUBJECT: APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMITS AND REASONABLE ACCOMMODATIONS 1561 INDUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) (UP 2008- 034)(RA 2009- 004)(PA 2008 -105) 1621 INDUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) (UP 2008- 035)(RA 2009- 005)(PA 2008 -106) 1571 PEGASUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) (UP 2008- 036)(RA 2009- 006)(PA 2008 -107) 20172 REDLANDS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) (UP 2008 -037) (RA 2009 -007) (PA 2008 -108) APPLICANT: Yellowstone Women's First Step House, Inc. APPELLANT: Yellowstone Women's First Step House, Inc. RECOMMENDATION: Because of the large number of other matters on the November 24, 2009 City Council meeting agenda, staff requests that the City Council continue this item. In order to hear Yellowstone Women's First Step House, Inc.'s appeals on a timely basis, staff recommends that this item be continued to a special meeting of the City Council at 6:00 p.m. on Wednesday, December 2, 2009). PUBLIC NOTICE: Public notice was provided in accordance with all applicable laws. ENVIROMENTAL REVIEW: This is not a project under CEQA. Prepared by: avid glHutW City Attorney ll 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 September 22, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Hunt, City Attorney Ext. 3131, dhunt citv.newoort- beach.ca.us SUBJECT: APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMITS AND REASONABLE ACCOMMODATIONS 1621 INDUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) 1561 INDUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) 1571 PEGASUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) 20172 REDLANDS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) • (UP 2008 -034) (RA 2009 -04) (PA2008 -105) APPLICANT: Yellowstone Women's First Step House, Inc. APPELLANT: Yellowstone Women's First Step House, Inc. RECOMMENDATION: The applicant/appellant has requested upon past practice in similar situations, the November 24, 2009 meeting date. PUBLIC NOTICE: that the City Council continue this item. Based staff recommends that this item be continued to Public notice was provided in accordance with all applicable laws. ENVIRONMENTAL REVIEW: This is not a project under CEQA. • Appeal of Hearing Office Denial of Use Permits and Reasonable Accommodations Yellowstone Women's First Step House, Inc. September 22, 2009 Page 2 Prepared by: David R. Hunt, City Attorney s DAVIS•ZFATY . 11.11 September 15, 2009 VIA EMAIL AND FIRST CLASS MAIL Ms. Lelani Brown City of Newport Beach, City Clerk 3300 Newport Boulevard Newport Beach, CA 92658 -8915 LBrown(a?newnori beachca.gov 9 Re: Yellowstone Women's First Step House - Appeal Hearing Dates Dear Ms. Brown: Please let this letter serve as Yellowstone's formal request that the hearing date for Yellowstone's appeal to the City of Newport Beach, currently scheduled for September 22, 2009, be continued to a later date. Thank you for your courtesy and if you have any questions regarding this correspondence, please feel free to contact me. Very truly yours, DAVIS ZFATY, a professional corporation NICOLE COHRS, ESQ. Cc: Catherine Wolcott, Esq. )80 Broadway Street, Suite 3U1 I aguna t3oarh, G> 42651 949.:376.2828 - Fax 949376.387.5 inio4+diaitommvs.� om - www.diattorno\,s.cnm Client-, CITY CLERKS OFFICE -CB fY O F NEWPORT Placedby FaxR:, _. Ad Copy. tit: as defined by NBMC_SFC"ti3" 20:G3Rd0 n an -`lfii 3bv anf is.. questing apluwal d a Reasonabt Accommodation to exemption fromchaptea 36 of the NBMC and Section 3.36.030 which requires 1001ierttet cell recovery r permits related to user servIcas. Exemption Is also requested from Section 1.91A.050 72) of the NBMC 10 allow more than two residents per bedroom ehOMaity haslreSi0e de Ia activity has OCM determined m t categorically alit Act EQA) exempt under the quirememsof es)CaMornia Environmental s Quality Act (CEQA) under Class 1 xaing j eftsc le n Then class of projects has been d the tyrovi not to have . In gel... y a a on one red by the general and l rule hat from Inc lies Only 1 of CEQA. Iis ova t eako covered generalrule that CEQAeppkesonlyto "~t at here the potential for causing a signs) It !fleet On the MvkOnaNnt achon Ia no p ss, of oho CFQA Guidelines) ill a on ig seen with ct W the at there is no possidldy that thla adivdy will have a srgadeant effect on me Ivienment and it is not Willett to CEQA I interested parties may appear and present testimony in regard to these Ipkcatioh, it you Challenge these projects in court. You mar be limited to ivng only those Issues you or someMe site raised at IM pudic hexing *scribed prior to. he public hearing. The staff report may afiwr�edtat the y City erkr tof11ce. Cityof Newport Beach, 3300 Newport Boulevard. Newport Beach. Hifornis, 92663 or at the City of Newport Beach websile at avwaewPers4eadw6.gev beginning on the Wednesday prior to the hex rig . h more Information, Call (949) 644 -3232 or (949) 644-3002. To be added to yysr manent notification list of these hearings, email HEf(�awrOartMasksa,9w and ask to receive thew notices FW Ns.r PA200S -105 PA2OD8.106. PAZOOS -107 and PA20018 108 W . IlPfrnROUMA211rN.W4. UP2008.035/RA2009.005. UP20DS 0371 61IM pESUM USE 1EM YELtOMfS0WWOI nR9SIEPIt0MK 15610=SIREET.IOMSSIKEf,1571PE61 ZSfREET,620172K MOSDRf1F NOTICE IS HEREBY GWEN that the City Council of the City of Newport Beach will conduct a public (rearing on Seiow"er 22, 2001, on or after 740 pat, in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newporl Beach. California. The City Council will consider an appeal of the Hexing Olficer's decision to deny the Use Permit applications of Yellowstone Women's First Step House, Inc. submitted for lour separate sober living lacilities. and to deny the applicant's requests (or Reasonable Accommodation at the lour locations. The appeal for each application was submitted by the applicant. A brief description of the applications submitted for each location a as follows'. 1. 1561 Indus Sheet (UP2008 034 and RA20O9 -0064). An application requesting approval of a use permit to allow the continued operation of an unlicensed adult alcohol and /or drug abuse What timing faceity lot 12 resident clients, females only. The application was feed in accordance with Ordinance No 2008-05. As a Reasonable Accommodation, the appkcsnt Is requeSting to be exempted from the Residential Use Classification - Residential Care Faceities. General,' as defied by Section 20.05.030 (H) of the Newport Beech Municipal Code (NBMC), and to be treated as a -Single Housekeeping Unit.' as defined by NBMC Section 20.03030. In addition, the applicant a request, approval of a Reasonable Accommodation for exemption from Chapter 3.36 of the NBMC and Section 3.36.030 which requires 100 percent cost recovery tip permils related to Our Services. Exemption is also requested from Section 20.91ABSO (C1) of the NBMC to allow more than two residents per bedroom with one additional resident. 2. 1621 Indus Street (UP 2008 035 and RA20M.005). An appliolbn requesting approval of a use permit to allow the continued operation of an unlionsed adult alcohol and /or drug abuse sober Irving facility for 17 resident clients. females only. The aDpllcation was feed in accordance with Ordinance No. 2008-05. As a Reasonable Accommodation, the applicant is requesting to be exempted from the Residential On Classi icabon -Residential Care facilities. Gensfal; as defined by Section 20.05.030 (H) of the Newport Beach Municipal Code (NBMC). and to be treated so a'Single Housek"Ping Unit,- as defined by NBMC Section 20,03.030. In addition. the applicant is requesting approval of a Reasonable citation for exemption from Chapter 3.36 of the NBMC and Section 3.36.030 which requires IOD percent cost recovery for permits related to our s «vices. Exemption is also requested from Section 20.91A.050 (C.2) of the NBMC to allow more than two residents per bedroom with one additional resident. 3. 1571 Pegasus Street (UP 2008036 and RA2O09006). An application re utstng approval of a use permit to allow the continued operation of an unlicensed adult alcohol and /or drug abuse sober living facility Ica 18 resident clients, females only. The application was filed in accordance with Ordinance No 2008 05. As a Reasonable Accommodation. the applicant is requesting to be exempted from the Residential Use Classification -Residential Cars Facilities. Genersl; as defined by Section 10.05.030 (H) of the Newport Beam Municipal Code (NBMC). and to be treated as a -Single Housekeeping Unit.* as defined by NBMC Section 20.03.030. In addition, the applicant is requesting approval of a Reasonable Accommodation fa exemption from Chapter 3.36 of the N8MC and Section 3.36.030 which requires 100 percent cost recovery for permits related to user services. Exemption is also m0uesled from Section 20.91A.050 (C.2) of the NBMC to allow more than two residents per bedroom with one additional resident. 4. 20172 Redlands Drive (UP 2008037 and RA2009-007). An application requesting aDDloval of a use permit to allow the continued operation of an unlicensed adult alcohol and/or drug abuse whet livid` facility for 18 resident clients. males only The application was filed in «cordsice with Ordnance No. 2008.05 As a Reasonable Accommodation, the applicant to requesting to be exemp led from the Residential Use Claspteatron -Residen lot Cate Facilities, General; as defined by Section 20.05.030 (H) of the Newport Sesch Municipal Code (NBMC), and to be treated as a'Satge Housekeeping rive Kitt, City Manager. City of Newport Beach - uCityofNewportBeach - -- d0 proof py.l City of Newport Beech nbldhed Newport Besch/Costa Mew Daily P401 September 12- 2009 Sa952 __ .._.. Daily Pilot CLASSIFIED ra —� �r ADVERTISING DailyPilot s Printed by: $ep9.2064.520PM jj D i 1 U.N. j]allal r_ Ad N32819395 E . AwountbdornEetion _ AdkdorRletlon �— __ .... viuo•n Phone*: (949)644 -3005 Staddate 09-12 -09 Size 3000.610 Name: CITY OF NEWPORT BEACH- ( Stopdate 09 -12 -09 Billedsize 10.00TCNlnch . AG 12622 '. lraeAi" 1 . Keyword, ' Address: 3300 Newport Blvd. Rate Code &Legal Newport Beach Ad type Liner NewportBeach,CA 92663 Takenby 9962 Susan Channels Acct * - 296271603 iClaBSification 13000-LegalNotices Pub4ications TCN Daily Pilot Client-, CITY CLERKS OFFICE -CB fY O F NEWPORT Placedby FaxR:, _. Ad Copy. tit: as defined by NBMC_SFC"ti3" 20:G3Rd0 n an -`lfii 3bv anf is.. questing apluwal d a Reasonabt Accommodation to exemption fromchaptea 36 of the NBMC and Section 3.36.030 which requires 1001ierttet cell recovery r permits related to user servIcas. Exemption Is also requested from Section 1.91A.050 72) of the NBMC 10 allow more than two residents per bedroom ehOMaity haslreSi0e de Ia activity has OCM determined m t categorically alit Act EQA) exempt under the quirememsof es)CaMornia Environmental s Quality Act (CEQA) under Class 1 xaing j eftsc le n Then class of projects has been d the tyrovi not to have . In gel... y a a on one red by the general and l rule hat from Inc lies Only 1 of CEQA. Iis ova t eako covered generalrule that CEQAeppkesonlyto "~t at here the potential for causing a signs) It !fleet On the MvkOnaNnt achon Ia no p ss, of oho CFQA Guidelines) ill a on ig seen with ct W the at there is no possidldy that thla adivdy will have a srgadeant effect on me Ivienment and it is not Willett to CEQA I interested parties may appear and present testimony in regard to these Ipkcatioh, it you Challenge these projects in court. You mar be limited to ivng only those Issues you or someMe site raised at IM pudic hexing *scribed prior to. he public hearing. The staff report may afiwr�edtat the y City erkr tof11ce. Cityof Newport Beach, 3300 Newport Boulevard. Newport Beach. Hifornis, 92663 or at the City of Newport Beach websile at avwaewPers4eadw6.gev beginning on the Wednesday prior to the hex rig . h more Information, Call (949) 644 -3232 or (949) 644-3002. To be added to yysr manent notification list of these hearings, email HEf(�awrOartMasksa,9w and ask to receive thew notices FW Ns.r PA200S -105 PA2OD8.106. PAZOOS -107 and PA20018 108 W . IlPfrnROUMA211rN.W4. UP2008.035/RA2009.005. UP20DS 0371 61IM pESUM USE 1EM YELtOMfS0WWOI nR9SIEPIt0MK 15610=SIREET.IOMSSIKEf,1571PE61 ZSfREET,620172K MOSDRf1F NOTICE IS HEREBY GWEN that the City Council of the City of Newport Beach will conduct a public (rearing on Seiow"er 22, 2001, on or after 740 pat, in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newporl Beach. California. The City Council will consider an appeal of the Hexing Olficer's decision to deny the Use Permit applications of Yellowstone Women's First Step House, Inc. submitted for lour separate sober living lacilities. and to deny the applicant's requests (or Reasonable Accommodation at the lour locations. The appeal for each application was submitted by the applicant. A brief description of the applications submitted for each location a as follows'. 1. 1561 Indus Sheet (UP2008 034 and RA20O9 -0064). An application requesting approval of a use permit to allow the continued operation of an unlicensed adult alcohol and /or drug abuse What timing faceity lot 12 resident clients, females only. The application was feed in accordance with Ordinance No 2008-05. As a Reasonable Accommodation, the appkcsnt Is requeSting to be exempted from the Residential Use Classification - Residential Care Faceities. General,' as defied by Section 20.05.030 (H) of the Newport Beech Municipal Code (NBMC), and to be treated as a -Single Housekeeping Unit.' as defined by NBMC Section 20.03030. In addition, the applicant a request, approval of a Reasonable Accommodation for exemption from Chapter 3.36 of the NBMC and Section 3.36.030 which requires 100 percent cost recovery tip permils related to Our Services. Exemption is also requested from Section 20.91ABSO (C1) of the NBMC to allow more than two residents per bedroom with one additional resident. 2. 1621 Indus Street (UP 2008 035 and RA20M.005). An appliolbn requesting approval of a use permit to allow the continued operation of an unlionsed adult alcohol and /or drug abuse sober Irving facility for 17 resident clients. females only. The aDpllcation was feed in accordance with Ordinance No. 2008-05. As a Reasonable Accommodation, the applicant is requesting to be exempted from the Residential On Classi icabon -Residential Care facilities. Gensfal; as defined by Section 20.05.030 (H) of the Newport Beach Municipal Code (NBMC). and to be treated so a'Single Housek"Ping Unit,- as defined by NBMC Section 20,03.030. In addition. the applicant is requesting approval of a Reasonable citation for exemption from Chapter 3.36 of the NBMC and Section 3.36.030 which requires IOD percent cost recovery for permits related to our s «vices. Exemption is also requested from Section 20.91A.050 (C.2) of the NBMC to allow more than two residents per bedroom with one additional resident. 3. 1571 Pegasus Street (UP 2008036 and RA2O09006). An application re utstng approval of a use permit to allow the continued operation of an unlicensed adult alcohol and /or drug abuse sober living facility Ica 18 resident clients, females only. The application was filed in accordance with Ordinance No 2008 05. As a Reasonable Accommodation. the applicant is requesting to be exempted from the Residential Use Classification -Residential Cars Facilities. Genersl; as defined by Section 10.05.030 (H) of the Newport Beam Municipal Code (NBMC). and to be treated as a -Single Housekeeping Unit.* as defined by NBMC Section 20.03.030. In addition, the applicant is requesting approval of a Reasonable Accommodation fa exemption from Chapter 3.36 of the N8MC and Section 3.36.030 which requires 100 percent cost recovery for permits related to user services. Exemption is also m0uesled from Section 20.91A.050 (C.2) of the NBMC to allow more than two residents per bedroom with one additional resident. 4. 20172 Redlands Drive (UP 2008037 and RA2009-007). An application requesting aDDloval of a use permit to allow the continued operation of an unlicensed adult alcohol and/or drug abuse whet livid` facility for 18 resident clients. males only The application was filed in «cordsice with Ordnance No. 2008.05 As a Reasonable Accommodation, the applicant to requesting to be exemp led from the Residential Use Claspteatron -Residen lot Cate Facilities, General; as defined by Section 20.05.030 (H) of the Newport Sesch Municipal Code (NBMC), and to be treated as a'Satge Housekeeping rive Kitt, City Manager. City of Newport Beach - uCityofNewportBeach - -- d0 proof py.l City of Newport Beech nbldhed Newport Besch/Costa Mew Daily P401 September 12- 2009 Sa952 NOTICE OF PUBLIC HEARING GROUP RESIDENTIAL USE PERMITS YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC. 1561 INDUS STREET, 1621 INDUS STREET, 1571 PEGASUS STREET, & 20172 REDLANDS DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will conduct a public hearing on September 22, 2009, on or after 7:00 p.m. in the City Council Chambers (Building A) at 3300 Newport Boulevard. Newport Beach, California. The City Council will consider an appeal of the Hearing Officer's decision to deny the Use Permit applications of Yellowstone Women's First Step House, Inc. submitted for four separate sober living facilities, and to deny the applicant's requests for Reasonable Accommodation at the four locations. The appeal for each application was submitted by the applicant. A brief description of the applications submitted for each location is as follows: 1561 Indus Street (UP2008 -034 and RA2009 -004). An application requesting approval of a use permit to allow the continued operation of an unlicensed adult alcohol and/or drug abuse sober living facility for 12 resident clients, females only. The application was filed in accordance with Ordinance No. 2008 -05. As a Reasonable Accommodation, the applicant is requesting to be exempted from the Residential Use Classification "Residential Care Facilities, General," as defined by Section 20.05.030 (H) of the Newport Beach Municipal Code (NBMC), and to be treated as a "Single Housekeeping Unit," as defined by NBMC Section 20.03.030. In addition, the applicant is requesting approval of a Reasonable Accommodation for exemption from Chapter 3.36 of the NBMC and Section 3.36.030 which requires 100 percent cost recovery for permits related to user services. Exemption is also r ested from Section 20.91A.050 (C.2) of NBMC to allow more than two residents per bedroom with orllditional resident. 2. 1621 Indus Street (UP 2008 -035 and RA2009 -005). An application requesting approval of a use permit to allow the continued operation of an unlicensed adult alcohol and /or drug abuse sober living facility for 17 resident clients, females only. The application was filed in accordance with Ordinance No. 2008 -05. As a Reasonable Accommodation applicant is requesting to be exed from the Residential Use Classification "Residential Ca acilities, General," as defined by Secti 20.05.030 (H) of the Newport Beach Municipal Code (NBMC), and to be treated as a "Single Housekeeping Unit," as defined by NBMC Section 20.03.030. In addition, the applicant is requesting approval of a Reasonable Accommodation for exemption from Chapter 3.36 of the NBMC and Section 3.36.030 which requires 100 percent cost recovery for permits related to user services. Exemption is also requested from Section 20.91A.050 (C.2) of the NBMC to allow more than two residents per bedroom with one additional resident. 3. 1571 Pegasus Street (UP 2008 -036 and RA2009 -006). An application requesting approval of a use permit to allow the continued operation of an unlicensed adult alcohol and /or drug abuse sober living facility for 18 resident clients, females only. The application was filed in accordance with Ordinance No. 2008 -05. As a Reasonable Accommodation, the applicant is requesting to be exempted from the Residential Use Classification "Residential Care Facilities, General," as defined by Section 20.05.030 (H) of the Newport Beach Municipal Code (NBMC), and to be treated as a "Single Housekeeping Unit," as defined by NBMC Section 20.03.030. In addition, the applicant is requesting approval of a Reasonable Accommodation for exemption from Chapter 3.36 of the NBMC and Section 3.36.030 which requires 100 percent cost recovery for permits related to user services. Exemption is also requested from Section 20.91A.050 (C.2) of the NBMC to allow more than two residents per bedroom with one additional resident. 4. 20172 Redlands Drive (UP 2008 -037 and RA2009 -007). An application requesting approval of a use permit to allow the continued operation of an unlicensed adult alcohol and /or drug abuse sober living facility for 18 resident clients, males only. The application was fled in accordance with Ordinance No. 2008 -05. As a Reasonable Accommodation, the applicant is requesting to be exempted from the Residential Use Classification - Residential Care Facilities, General," as defined by Section 20.05.030 (H) of the Newport Beach Municipal Code (NBMC), and to be treated as a "Single Housekeeping Unit," as defined by NBMC Section 20.03.030. In addition, the applicant is requesting approval of a Reasonable Accommodation for exemption from Chapter 3.36 of the NBMC and Section 3.36.030 which requires 100 percent cost recovery for permits related to user services. Exemption is also requested from Section 20.91A.050 (C.2) of the NBMC to allow more than two residents per bedroom with one additional resident. This activity has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (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 (Section 15061(b)(3) 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 it is not subject to CEQA. All interested parties may appear and present testimony in regard to these applications. If you challenge these projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The staff report may be reviewed at the City Clerk's Office, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newoortbeachca.cov beginning on the Wednesday prior to the hearing. For more information, call (949) 644 -3232 or (949) 644 -3002. To be added to a permanent notification list of these hearings, e-mail dkiff(a)newoortbeachca.gov and ask to receive these notices. Project File No.: PA2008 -105, PA2008 -106, PA2008- Activity No.: UP2008- 034/RA2009 -004, UP2008- 107 and PA2008 -108 035/RA2009 -005, UP2008- 037/RA2009 -006 and U P2008- 038 /RA2009 -00 7 Dave Kiff, City Manager, City of Newport Beach Leilani gr6wn. City Clerk City of Newport Beach 6WAveryO Template 51600 1 Feed Paper expose Popwu' p Edge'" j u •� c 119 364 10 • 119 364 11 • 119 364 12 JAMES JOHN ISAACS III DAVID KERREK JOHN C ENGLISH 1541 ORCHARD DR 1551 ORCHARD DR 1561 ORCHARD OR SANTA ANA, CA 92707 SANTA ANA, CA 92707 SANTA ANA, CA 92707 119 364 13 119 364 14 119 364 15 LILLIAN V MARTIN ANTHONY KANJER CHURCHILL 1571 ORCHARD DR 1591 ORCHARD DR 1801 PARK COURT PL #B SANTA ANA, CA 92707 SANTA ANA, CA 92707 SANTA ANA, CA 92701 119 364 19 Rick Dayton - SAH PAC Davis -Zfaty Prof. Law Corp. PAUL J PERRY 2900 Silver Lane 580 Broadway Street #301 1511 ORCHARD DR Newport Beach, CA 92660 Laguna Beach, CA 92651 SANTA ANA, CA 92707 119- 362 -07 119 351 03 11935201 Stephen Thames WILSON REED ROBINSON GRAZIANO & DEN PESTARINO 3569 Meder Road 20091 KLINE DR 2809 LA SALLE AVE Shingle Springs, CA 95682 SANTA ANA, CA 92707 COSTA MESA, CA 92626 119 352 02 119 352 03 119 352 06 David Ho MATTHEW L BIESER ROSA BALOGH 0 PO BOX 6465 20141 KLINE DR 20181 KLINE DR IRVINE, CA 92616 SANTA ANA, CA 92707 SANTA ANA, CA 92707 Yellowstone Group Homes PA2008 -105 to PA2008 -108 Owner Mailing Labels Created: September 9, 2009 1 Etlquettes fadles a peter • Replies A la hacfnrro afro de ; www.avery.com Utlllsez le gabarit AVERY* 51600 i d%ar t rdv6ter le rebord Pop -upm 1 -800G0 -AVERY 1 Use Avery® Template 51600 Feed P&W � expose Fo;wp ea9e" j t=j 119 351 01 • 119 35102 • 119 351 17 ERIC ROSENTHAL KATHLEEN A LORMAN VINCENT D COOK 1661 INDUS ST 1671 INDUS ST 1692 PEGASUS ST SANTA ANA, CA 92707 SANTA ANA, CA 92707 SANTA ANA, CA 92707 119 351 18 119 351 19 119 351 20 HENRY D O'SHEA GARY DEVINE WILLIAM H BOSSERT 1672 PEGASUS ST 1662 PEGASUS ST 1661 ORCHARD DR SANTA ANA, CA 92707 SANTA ANA, CA 92707 SANTA ANA, CA 92707 119 351 21 119 35204 119 352 05 LOUISE CHARLOTTE LEE MICHAEL S CHRISTY ROBERT LEO DUBE' 1671 ORCHARD DR 20151 KLINE DR 20161 KLINE OR SANTA ANA, CA 92707 SANTA ANA, CA 92707 SANTA ANA, CA 92707 119 352 07 119 352 08 119 352 09 BEATRICE BOCSI KATHLEEN M ANDREWS FRANK H MASTERSON 1681 PEGASUS ST 1671 PEGASUS ST 20152 RIVERSIDE DR SANTA ANA, CA 92707 SANTA ANA, CA 92707 SANTA ANA, CA 92707 119 352 10 119 352 11 119 352 12 PAUL M EDLER ANGUS E RICHARDSON GEORGE L ROBERTSON 20142 RIVERSIDE DR 20122 RIVERSIDE DR 20112 RIVERSIDE DR SANTA ANA, CA 92707 SANTA ANA, CA 92707 SANTA ANA, CA 92707 119 361 01 119 361 02 119 361 03 JAMES C HARVEY YURETTA LORMAN PETER H WEISMANN 1651 INDUS ST 0 PO BOX 2421 1631 INDUS ST SANTA ANA, CA 92707 COSTA MESA, CA 92 62 8 SANTA ANA, CA 92707 119 361 04 119 361 05 119 36106 ANNA MARIE THAMES ROBERT B HANLEY CHARLOTTE C Z HOGAN 28 IMA LOA CT 1601 INDUS ST 507 ALTA VISTA DR NEWPORT BEACH, CA 92663 SANTA ANA, CA 92707 SANTA CRUZ, CA 95060 119 361 07 119 361 08 119 361 09 WILLIAM D WALKER ANNA THAMES TRAVIS & JENNIFER HAINING 1571 INDUS ST 154 E BAY ST 1572 INDUS ST SANTA ANA, CA 92707 COSTA MESA, CA 92627 SANTA ANA, CA 92707 119 361 10 119 361 11 119 361 12 BRIAN PATRICK SULLIVAN MALCOLM F THOMPSON JONATHAN DAVIS 1592 INDUS ST 1602 INDUS ST 1601 PEGASUS ST SANTA ANA, CA 92707 SANTA ANA, CA 92707 SANTA ANA, CA 92707 A 119 361 13 119 361 14 119 361 15 DANIELLE J SEARS ANNA MARIE THAMES WAYNE E ROGALLA 1591 PEGASUS ST 1571 PEGASUS ST 1561 PEGASUS ST SANTA ANA, CA 92707 SANTA ANA, CA 92707 SANTA ANA, CA 92707 ttlquattes fadles h peter ; 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NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 119 36101 119 36102 119 36103 RESIDENT RESIDENT RESIDENT 1651 INDUS ST 1641 INDUS ST 1631 INDUS ST NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 119 361 04 119 361 65 119 361 06 RESIDENT RESIDENT RESIDENT 1621 INDUS ST 1601 INDUS ST 1591 INDUS ST NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 119 361 07 119 361 08 119 361 09 RESIDENT RESIDENT RESIDENT 1571 INDUS ST 1561 INDUS 5T 1572 INDUS ST NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 119 361 10 119 361 11 119 361 12 RESIDENT RESIDENT RESIDENT 1592 INDUS ST 1602 INDUS ST 1601 PEGASUS ST NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 119 361 13 119 361 14 119 361 15 RESIDENT RESIDENT RESIDENT 1591 PEGASUS ST 1571 PEGASUS ST 1561 PEGASUS ST NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 Etlquettes faciles h paler A Repliez A la hachure afin de www.averycom 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REDLANDS DR 20132 REDLANDS DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 119 362 11 119 363 01 119 363 02 RESIDENT RESIDENT RESIDENT 1632 INDUS ST 1642 PEGASUS ST 1632 PEGASUS ST NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 119 363 03 119 36304 119 363 05 RESIDENT RESIDENT RESIDENT 1622 PEGASUS ST 1621 ORCHARD DR 1631 ORCHARD DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 119 363 06 119 364 01 119 364 02 RESIDENT RESIDENT RESIDENT 1641 ORCHARD DR 1602 PEGASUS ST 1592 PEGASUS ST NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 119 364 03 119 364 04 119 364 05 RESIDENT RESIDENT RESIDENT 1572 PEGASUS ST 1562 PEGASUS ST 1552 PEGASUS ST NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 119 364 06 119 364 07 119 364 08 RESIDENT RESIDENT RESIDENT 1532 PEGASUS ST 1522 PEGASUS ST 1502 PEGASUS ST NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 T V .8fiP3 dn-dod "od■o aeea Pay f 0s aielduaai oheAv asn .0965 4DAM3AV m Bull 6uoge puag ♦ sla9el dead ASe3 NOTICE OF PUBLIC HEARING COUP RESIDENTIAL USE PERMIT YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC. 1561 INDUS STREET, 1621 INDUS STREET, 1571 PEGASUS STREET, & 20172 REDLANDS DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will conduct a public hearing on September 22, 2009, on or after 7:00 p.m. in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California. The City Council will consider an appeal of the Hearing Officer's decision to deny the Use Permit applications of Yellowstone Women's First Step House, Inc. submitted for four separate sober living facilities, and to deny the applicant's requests for Reasonable Accommodation at the four locations. The appeal for each application was submitted by the applicant. A brief description of the applications submitted for each location is as follows: 1561 Indus Street (UP2008 -034 and RA2009 -004). An application requesting approval of a use permit to allow the continued operation of an unlicensed adult alcohol and /or drug abuse sober living facility for 12 resident clients, females only. The application was filed in accordance with Ordinance No. 2008 -05. As a Reasonable Accommodation, the applicant is requesting to be exempted from the Residential Use Classification "Residential Care Facilities, General," as defined by Section 20.05.030 (H) of the Newport Beach Municipal Code (NBMC), and to be treated as a'Single Housekeeping Unit," as defined by NBMC Section 20.03.030. In addition, the applicant is requesting approval of a Reasonable Accommodation for exemption from Chapter 3.36 of the NBMC and Section 3.36.030 which requires 100 percent cost recovery for permits related to user services. Exemption is also requested from Section 20.91A.050 (C.2) of the NBMC to allow more than two residents per bedroom with one additional resident. 2. 1621 Indus Street (UP 2008 -035 and RA2009-005). An application requesting approval of a use permit to allow the continued operation of an unlicensed adult alcohol and /or drug abuse sober living facility for 17 resident clients, females only. The application was filed in accordance with Ordinance No. 2008 -05. As a Reasonable Accommodation, the applicant is requesting to be exempted from the Residential Use Classification "Residential Care Facilities, General," as defined by Section 20.05.030 (H) of the Newport Beach Municipal Code (NBMC), and to be treated as a "Single Housekeeping Unit," as defined by NBMC Section 20.03.030. In addition, the applicant is requesting approval of a Reasonable Accommodation for exemption from Chapter 3.36 of the NBMC and Section 3.36.030 which requires 100 percent cost recovery for permits related to user services. Exemption is also requested from Section 20.91A.050 (C.2) of the NBMC to allow more than two residents per bedroom with one additional resident. 1571 Pegasus Street (UP 2008 -036 and RA2009 -006). An application requesting approval of a use permit to allow the continued operation of an unlicensed adult alcohol and/or drug abuse sober living facility for 18 resident clients, females only. The application was filed in accordance with Ordinance No. 2008 -05. As a Reasonable Accommodation, the applicant is requesting to be exempted from the Residential Use Classification "Residential Care Facilities, General," as defined by Section 20.05.030 (H) of the Newport Beach Municipal Code (NBMC), and to be treated as a "Single Housekeeping Unit," as defined by NBMC Section 20.03.030. In addition, the applicant is requesting approval of a Reasonable Accommodation for exemption from Chapter 3.36 of the NBMC and Section 3.36.030 which requires 100 percent cost recovery for permits related to user services. Exemption is also requested from Section 20.91A.050 (C.2) of the NBMC to allow more than two residents per bedroom with one additional resident. 4. 20172 Redlands Drive (UP 2008 -037 and RA2009-007). An application requesting approval of a use permit to allow the continued operation of an unlicensed adult alcohol and/or drug abuse sober living facility for 18 resident clients, males only. The application was filed in accordance with Ordinance No. 2008 -05. As a Reasonable Accommodation, the applicant is requesting to be exempted from the Residential Use Classification "Residential Care Facilities, General," as defined by Section 20.05.030 (H) of the Newport Beach Municipal Code (NBMC), and to be treated as a "Single Housekeeping Unit," as defined by NBMC Section 20.03.030. In addition, the applicant is requesting approval of a Reasonable Accommodation for exemption from Chapter 3.36 of the NBMC and Section 3.36.030 which requires 100 percent cost recovery for permits related to user services. Exemption is also requested from Section 20.91A.050 (C.2) of the NBMC to allow more than two residents per bedroom with one additional resident. This activity has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (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 (Section 15061(b)(3) 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 it is not subject to CEQA. All interested parties may appear and present testimony in regard to these applications. If you challenge these projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The staff report may be reviewed at the City Clerk's Office, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.cov beginning on the Wednesday prior to the hearing. For more information, call (949) 644 -3232 or (949) 644 -3002. To be added to a permanent notification list of these hearings, e-mail dkiff(d )newoortbeachca.aov and ask to receive these notices. Project File No.: PA2008 -105, PA2008 -106, PA2008- Activity No.: UP2008- 0341RA2009 -004, UP2008- 107 and PA2008 -108 0351RA2009 -005. UP2008- 037/RA2009 -006 and UP2008 -038/RA2009-007 Dave Kiff, City Manager, City of Newport Beach 1 r� Leilani 96wn, City Clerk City of Newport Beach 0 DAN! I S•' /,F'ATY April 27, 2009 VIA HAND DELIVERY Newport Reach City Council City Clerk's Office 3300 New-port Boulevard Newport Beach, California 92663 • 4% ruww RECEIVED 16 : 7M? APR 27 PM 3 03— k�61' 1� P bl V * — Cr1� kt[� ofd T. f4t CITY O: k, (LTG rf.I �Roatr� Re: I'ellou.stone 11"otnen's first .Step House, Inc. Applications to Appeal Decision r f Hearing Q ficer Use Permit Applicutions. 2008 -014: 2008 -035: 2008 -036, and 2008 -037 Reasonable Accommodution Requests: 2009 -04: 2009 -05: 2009 -06, 2009 -07 To Whom It May Concern: This firm is general counsel for Yellowstone Women's First Step House, Inc. Enclosed are the Applications to Appeal Decision of the Hearing Officer regarding Yellowstone's I ise Permit Applications and requests for Reasonable Accommodation for the following properties: 1561 Indus, 1621 Indus, 1571 Pegasus, and 20172 Redlands. We understand that there will be a hearing on the enclosed appeals within sixty days. Please inform this firm of the scheduled hearing date and time when decided. Thank you for your courtesy and if you have any questions regarding this correspondence, please feel free to contact us. Very truly yours, DAVIS ZFATY a professional corporation NICOLE COHRS Enclosures +iSi? ?i uJArd.ty 1;-rl I. 1" W; _.!vuud Kr.:�'::. ( A `.. it .:y::, i-6 it I '.,..:: cl.il'nr „t •..;'I n:i r. r. `: L.:I'ni'-r•. 1.I �::iI 0 0 APR -27 -2009 HUN U8:3f fm UAVib KRYtim a" rnn nu. na oio 3orj 1. w 1621 Inggs l'd 962S9b96b6 auolsmollaA 0 0 APR -27 -2009 MM 06:37 AM DAVIS RAYBURN a7c FAX fK1. 949 376 3675 CITY OF NEWPORT BEACH APPLICATION TO APPEAL DEMON OF THE HEARM OFFICER Pr40a Na PAz 200&106 Appkadon No.: Use Punt No. 2005 -M Nan" of AppelaM: Yeaoredor" Women's Find Step House. Im. Or Anna turfs Tharms PMone:(949) 6768000 bps AWrem 1621 Irrdue, Newport Beach, CaVorr is 92707 Oft of Haring Offiver► dsdsknL Aprll 14.2M Naas of AppkaaC Yawretme Women's Firm Slap Muse. than (OaerlpUon of appliea0a+*Iad with 6 km' Onturl Apocation for a CmMonal Use PerrnR pursuant to Ordinance too. 2006-06 rcqueahg mWowl of Use Pamdl No. 2t106ai6 to a low 1621 trrdus to centime operating as an 16 bed adult sober RWV facility. Reasons for Appeal The horns opuses such the the ragried *delta to grad a Condbonal Use Parmk an be made. TI"refom the Cory of 49" Beech erp opedy dsrded e" regwet Will prejudlaa. FOR OFFICE USE ONLY: p ruKwvw by I Ir" raadvad Wle Cgftwmlb WO HmwkvomI bwr� M-04-MAD 1 ncraw w.ecalaam+rrlDB'An11w . ra I'd 96299r96*6 •uolsaollax P. 07 APR -27 -2009 ION DB:37 AN DAVIS RAYM apc hPIX NU. IM 11b scro r. uo CITY OF NEWPORT BEACH APPLICATION TO APPEAL. DEMON OF TM HMRM OFFICER Prnpct No. PA: 2008-108 AppBtadm No.: Rees Accom. 2008-03 Nwne of Appellant Yellowstone Women's First &ep House. Irtr, Dr. Anna Marie Thames Phnom: (949) 678 -9000 Bib Address: 1621 Indus, Nswport Beach, Cslitomia 92707 Date of Hearing OlNters dedsioo: Apn114, 2098 (on aWliceton for Conditional Use peamt) Name of AppMcant Yellowstone Woman's first Step House, Inc. (Oes=#O ion of applila bn filled `MM Hda ft Officer) Application for a Reasonable Accommodation pursuant to Ordinance No. 2006-05 requesting tat 1821 Indus be psrmftd an exemption from the occupancy restrictions of Section 20.91A.050 of the Newport Beach Municipal Cede which reatrtcte occupancy to two residaMs per bedroom plus one addfllonal resident. Reasons for Appeal The Ciy of Newport Beach denied the appksnfs Conditional Use Pai i t application, there( ore, the City's decialon regarding the occupancy exemption was rendered moot Although the City never speeMealy ruled on this particular reasonable accommodation request, Yellowstone hereby appeals because the 1821 Indus tome opwates w+Hh that the required findings to gnant the raquestad reasonable a000mmodabon can be mate. April 27, 2009 signature of Appellant Gate FOR OFFICE USE ONLY. Received I=y 1 Fee received Daw c:maa.,,w. rwa 6.fY�eoeo.ry�t.00ah s�mreaT.�+vonn h�,.r►uo� ea+haa.ouoan zrrnarrn �arr:.h a M Win 01rWS Dagiorlbmc R!vla00 OZ-0lOejie I'd 96ZS9b96v6 au0%Smot18A U APR-27 -2009 MON 12:53 PM DAVIS RAYBURN ape 0 FAX NO. 949 3(b 381) Y, U1 /Ill CITY OF NEWPORT BEACH APPLICATION TO APPEAL DECISION OF THE HEARKQ OEEMM "oet No. PA: 2008 -106 Application No.: Reas. Accom. 200806 Name of Appellant: Yellowstone Women's First Step House, Inc. Dr. Anna Marie Thames Phone: (949) 67&9000 Sits Address: 1621 Indus, Newport beach, California 92707 Date of Hearing Officer's decision: April 14, 2009 Name of Applkant: Yellowstone Women's First Step House, Inc. (Description of application flied with Hearing OlRcsr) Application for a Reasonable Accommodation pursuant to Ordinance No. 2008.05 requesting that 1621 Indus be treated as a Single Housekeeping lAtk as deflnad in Section 20.03.030 of the Newport Beach Municipal Code. Reasons for Appeal The home operates such that the required firwfts to grant the requested reasonable accommodation can be made. Therefore, the City of Newport Beach improperty denied the request, with prejudice. 131gnature of AppeNant FOR OFFICE USE ONLY: April 27, 2008 0141a I�f i 1 C:Gwwnsnts wd SMWOsWbwnvUcai 5Wr9L%TarnPw" kood FO*M Comrrt.0000M 7r70e7P71 AWM of MoWirq od 6 Oemon.ddM PavlMd W4#4)9 9b t-d 96ZS9b96b6 auolsmoltaA 0 E AM-Lf -eM MM Ub;JC Hn UHVIJ KHTMM Oe rtiA flu. a4d J10 J01J r. UC 6'd 96ZS9fa9646 aUO2SM0116A 0 APIt- 27 -2UU8 PAN 118:35 AM UAVIS KAT191K1f ape 0 HIR HU. u41U Sib Mfb r. ui CITY OF NEWPORT BEACH APPLICATION TO APPEAL DECISION OF THE HEAROKt OFFiCEt Pro)est No. PA: 200&105 Appliratioe Mm: Use Pon. 2 No. 20084034 Narne of Appellant Yellowstone Worrw's First Step House, Ire. Or. Anna Marie Thames Plans: (849) 67 8-8000 Site Add: 15M Indus, Newport BescA, Caldbrria 92707 Dale of Hearing Oflicw's decision: Aprd 14, 2008 Naas of Applicant Yellowstone Women's Fiat Slop Hausa, trio. (Descripflon of appQgtlon filled with Nearing Offter) Application for a Conditional Use Permit pursuant to Ordinance No. 2008-05 requestkg approval of Use Permit No. 2008-034 to allow 1561 Indus to continua operating as a 12 bed adult sober living facility. Reasons for Appeal The home operates such that the required findings to grant a Conditional Use Permit can be made. Therefore, the City of Newport Beach Improperty denied the request, with prejudice. Signature of Appellant FOR Or-ME USE ONLY: IF April 27, 2009 Dab Fee received Data CAODWWO rand SN V&%QwV%0W5@ftaVtTeromaiy 1* VWFfts%C&*wk0Wasakt2"D82MAppsMM weave onvr� ossrbn.aoa� rrevred ve.aas p 21'd 96299b96*6 0u0'ise0il0A APR -27 -2009 NON 0836 AM DAVIS RAYHURN apc i pelt lu. a4a jfb errs r. uq CITY OF NEWPORT BEACH APPLICATNJN TO APPEAL DECISION OF THE HEARING OFFICER Project No. PA: 2008 -105 Application No.: Rees. Accom. 200904 Name of Appelta t Yellowstone Women's First Step House, irv- Dr. Anne Marie Thames Phone, (849) 678 -WW BJte Address: 1561 In&s, Newport Basch, CaNferrtin 92707 Data of Nearing Of Iats decision: April 14, 2009 (on application for Cond6onal Use Permit) Naate of Applicant Yellowstone Women's First Stop House, tnc. (Desg"litin of application filed wNp Meering Officer) Application for a Reasonable Accommodation pursuant to O+rdinenoe No. 21109.05 requesting that 1561 Indus be permitted an exemption from the occupancy restNabns of Section 20.91A.050 at the Newport Beach Municipal Code witch Milbiets occupancy to two residernte per bedroom plus one additional resident. Reasons for Appeal The City of Newport Beach denied the applicant's Conditional Use Psm'dt application, therefore, the City's decision regarding the occupancy exemption was rendered moot. Although lha City never speoi8cally ruled on this particular reasonable socommodaWn request, Yellowstone hereby appeals because the 1561 Indus home operates such that the required findings to grant the requested reasonable accommodation can be made. 4�a �-2 s-'� Signature of Appallsrrt FOR OFFICE USE ONLY: April 27, 2009 Date 2s o Fee received Oats C10ownrKS Md esryLLoW SeNIghTM�por�r MM�IMt F1Nt1 CaMn40ursoA�Y770a2PT ArrW d M" DMOW6 Qwdslon d= Reif W 02-" I! 11'd 962S9096b6 auolsmollaA tern— [r -eum nun uo;40 nn uavw KH1ttUnn &pc 0 rnA nu, m aro ooio r. uo CITY OF NEWPORT BEACH APPLICATION TO APPEAL DECISION OF THE HEARING OFFIQM Project No. PA: 2008 -105 AppNcatlon No.: Reas. Accom. 200904 Nome of Appellant: Yellowstone Women's First Stap House, Inc. Or Anna luerte Thames Phone: (949) 8788000 81te Address: 1581 Indus, Newport Beech, California 92707 Dais of Hearing Officer's deola(on: April 14, 2009 Name of Applicanfi Yellowstone Women's First Step House. Inc. (Descrlptbn of applkatlon filed with Hearing Officer) Application for a Reasonable Accommodation pursuant to Ordinanoe No. 2008 -05 requesting that 1381 Indus be treated as a Single Housekeeping Unit as defined in Section 20.03.030 of the Newport Beach Municipal Coda. Reasons for Appeal The home operates such that the required find4gs to gran# the requested reasonable accommodation can be made. Therefore, the City of Newport Beach improperly denied the request. with prejudice. April 27, 2009 Signature of Appellant Dais FOR OFFICE USE ONLY: Received by Fee received Dam c a .�a ea s.mnnwea�x� srlq�aalTarpvnr Fwa cs,na couweu n Appeo a HmWng aemn Dem.wLao« w.r.a 02-04-09 jib (w d 96899*96b6 auolsmollaA rl • Wh- Lf -000y MM u8:3f an UAVIS KRYMM ape tax Mu. 846 J(C MO F. lu S'd 962991,96*6 auolsmoTTaA 0 APR -27 -2009 MN 118:37 AM DAVIS RAYMM aac 0 IrAX NU. 949 316 38(5 P. 11 CITY OF NEWPORT BEACH APPLICATION To APPEAL DECIBM OF THE HEARING OFFICER Project No. PA: 2008 -107 Apptiaation No- Use Permit No. 2008 -038 Nerve of Appellant Yerowstone Women's First Step House, Inc. Dr. Anna Marie Thames Phone: (949) 678-9000 Site Address: 1571 Pegasus, Newport Beach. California 92707 Dal. of Hearing Officers dechiorc April 14, 2009 Name of Applicant: Yellowstone Women's First 6tep House, Inc. (DeseripUm of appNatfon tiled with lte k Officer) Application for a Conditional Use Permit pursuant to Ordinance No. 2008 -05 requesting spproval of Use Permit No. 2008036 to allow 1571 Pegasus to confine operating sa an 18 had adult sober living facility. Reasons for Appeal The hone operates such that the required *91irgs to grant a Conditional Use Pe n.&I can be mode. Therofore, the City of Newport Beech Improperly denied the request, with prejudice. April 27, 2008 Signature of AppeHsre! Delis FOR OFFICE USE ONLY: r - 4 � o Received by Fee recein.d Date C:Mavx ft a" Samepabobwrj% WSdJ*p%Taneaary WMM Fiaa1 CooWCOMOOM 2770e2M appal of Nang oftws oeeiam.daa Raww 0246oa ilb 9'd 96eS9b9666 au0lsmojtaA Hrx- Cf-i!1 s nun UH:Jf Hn VHVlb xHYMM ape MA M. }Jett SM Mfb CITY OF NEWPORT BEACH APPLICATION TO APPEAL DECISION OF THE HEARING OFF r, Project No, PA: 2008.107 Application No.: Rate. Aocom. 20" No of Appellant: Yellowstone Woman's First Stop House, Inc. Dr. Ann& Marls Thames Phone: (949) 078 -9000 SIDS Address: 1571 Pegasus, Newport Beach, C&V mia 92707 Date of Hearing Officers s dedslon: April 14, 2009 (on appticatlon for Comftrmd use Permit) Name of Applicant Yellowstone Womm's First Step House, Inc. (Description of apppcatlon fiNd with Hear9 q Offiref) Application for a Reasonable Accommodation pursuant to OrdVWM No. 2008.05 requesting that 1571 Pegasus be permitted an exemption from the oompancY restrictions of Section 20.91AD50 of the Newport beech MurdcOM Code wf ich restricts ocrrupency to two residents per bedroom pus one addltlonal realdent. Reasons for Appeal The City of Newport Beach denied the applicant's CorMRional Use Permit OFF`cation, therefore, the City's decision regarding the coarpancyr exemption was rendered moot. Am►ough the City never specifically riled on this parlimAar reasonable a000mmodation request. Yeilewstme hereby appeals because the 1671 Pagatuts home operates such that the required fkt rW to grant the rwmated reasonable accommodation an be made. SigneWre of Appellant FOR OFFICE USE ONLY: lJ ' "I L ;�� X1,1, w April 27, 2009 6`1 um C:VDa111,*Ma and Sawrg"oburreUtal SoNrpslTwvorm y In0 ltat FUN% COMMntO,MocM 2T?DMZM Apryal d rbarft Often -, Deddm.dm Rcobca rao+491b L'd 99299*96*6 au01se0t[aA F. 1Z 9 APR -27 -2008 MN 08:37 AM DAVIS RAYOM ape 0 rws nu. aqa 3r0 xtro r. 13 CITY OF NEWPORT BEACH APPLICATION TO APPEAL DECISION OF THE HI?ARING QFFICER Project No. PA: 2008 -107 Applic n Na: Rees. Aecom. 2009-06 Name of Appellant Yelowstone Women's First Step House. Inc. Dr. Anne Marie Thanes Phony. (949) 87 8-9000 Site Address: 1571 Pegasus, Newport Beach, California 9=7 Dent of Hearing 011loer's decision: April 14, 2009 Name of Applicant: Yellowstone Women's First Soap Hours, Iran (Description of application flied with Hoomng QRlcar) Application for a Reasonable Accomon pursuant to Ordnance No. 200805 requesting that 1571 Pegasus be trosted as a Single Housekeeping lJrr& as defined in Sectlon 20.03.030 of the Newport Beach Municipal Code. Reasons for Appeal The hone operates such that the rsgLwsd lir d ngs to grant the requested reasonable accommodation can be made. Therefore, the City of Newport Beady Improperly denied the mquezL with W*Wkm. l Mfoe FOR OFFICE USE ONLY: .. C:IDoan MW%DS.t�ko0o Ww*6als4iW lb powry+ r Cansrntaueooinzrrosarnnw..ra orewr. o.dro�eoa R...a oia. ce p, 8'd 96259b9646 au0lsmottaA 9 • APR -[f -AM HUN UB:Jf AN DAVIS KAYHUM apc rRA HU. Ntl 310 info -.�.. T'd 962SS"646 auolsmoitaA 0 0 APR-2 f -ZUUV MAI Ud:3 f Fill UFiv ib mmym n ape rnn nu. ova o r u m r j CITY OF NEWPORT BEACH APPLlOAM TO APPEAL OECIMOIK OF THE HEM MG OEEIGER Project No. PA: 2008 -108 ApOlaagon No.: Use Permit No. 201]8.067 Name of Appellant Yellowstone Women's Fret Stop Hone, Inc. Or. Anne Mario Themes Ph": (041) 678,9000 3Ke Address. 20172 Red mis Drive, Newport Beach. Calilome 02707 Date of Hearing Officers derision: April 14, 2000 Now of Applicant Yellowstone Woman's First Step House, Inc, (DsscNPSum of applkadon Toed wkh Fiaaring Of co Appfcation for s CorWltional Use Permit pursuant to Ordinance No. 2008.05 requesting approval of Use Permit No. 2008.037 to allow 20172 Redlands to continue operating as a 17 bed adult sober U g feeiNty. Reasons for Appeal The home operates such that the required findings to grad a C•or dtfonal Use Permit can be made. Therefore, the City of Newport Beach improperly denied the request, with prejudice. t {J� April 27, 2009 Signature of Appeltwd Do" FOR OFFICE USE ONLY: Received by Fee received Oats CV)oarrronb aM9a1trgs4e0vtnytl.mttl Teroorary lrwmer Flml CoMr•ftllpealc \2Tr0a2rTNgsu of Z'd 9li2S949646 auolsmoliaA 0 APR -27 -2009 "M 08:37 AM DAVIS RAYUM ape 0 tRA Mi. sea Jrb col, r. 10 CITY OF NEWPORT BEACH APPLICATION TO APPEAL QECISION OF THE HEARING OFMCER Project Na PA: 2008-108 Applicathm No.: Ron. Acoom. 2009-07 Karns of Appellant: Yellowstone Women's First Step House, bhc. Dr. Anna Marie Thames Phone: (949) 678 -9WO Sills Addreta: 20172 Redlands Drive, Newport Beach, Callfarrin 92707 Dana of tearing Officer's daclslon: April 14,2W9 (on application for Conditional Use Permit) Nams of Applicant Yellowstone Women's First Step House, Inc. (Description of application filed with Hearing 011har) Application for a Reasonable Accommodation pursuant to Ondiratnce No. 2008-05 requesting that 20172 Redlands be permitted an exemption from the occupancy restrictions of section 20.91A.050 of the Newport Beech Munk*W Code which restricts occupancy to two residents per bedroom plus one additional resident. Reasons for Appeal The City of Newport Beach denied the applicant's Conditional Use Permit appkaft, ftrefors, the City's dWslon regarding the occupancy, exemption was rendered moot Although the City never spedflcalty ruled on this particular reasonable accommodation request, Yellowstone hereby appeals buouse the 20172 Redlands horns operates such that the required findings to grant the requested reasonable sccornmodation can be made. April 27, 2009 &gnatare of Appellant Dab FOR OFFICE USE ONLY: Reat"d by Fee rociphred Date Qlnenwients+M SMYiaatMOeTtMaa1SMFgaITMporoy MhmR FrWM*rft t0u%W2TMMPAAP0Mld NMI Ig MONa 0eaNl0Md00[ Re" 02 #44 lb E'd 962S9496b6 auo ,4smottaA erlt -zr -M9 nut Ua:sr Rn URVib tceruuaav aye 0 rnA nu. aye sic joro r. ii CITY OF NEWPORT BEACH APPLICATION TO APPEAL DECISION OF THE HEARING OFFICER Protect No. PA: 2008.108 Appocafion No.: Rasa. Aacorm 2009-07 Name of AppMtmt: Yellowstone Woman's First Step House, Inc Dr. Anna Marls Thrones Phone: (949) 678 -9000 Sits Address: 20172 Redlands Drive, Newport Beach, Caftmle 92707 Dab 91 Hearing Officer'a daclabn: Apn114, 2009 Name of Apptleelt Yeeowtstons Women's First Stop Home, Inc. (Description of applioatdon filed with Hearing OMC&r) ApphoaWn tar a Reasonable Accommodation pursuant to Ordinance No. 2005-05 requesting that 20172 Redlands be treated as a Single Housekeeping Unit as deflrud in Section 20.03.030 of the Newport Beach Municipal Code. Reasons for Appeal The tome operates such that the required firm* to grant the requested ressonWe accommodation can be made. Therefore, the City of Newport Beady improperly deried the request, with prejudice. April 27.2008 Signature of Appellant Dab FOR OFFICE USE ONLY. alm.- k bglo� Recalvaid by Fee received Dab C:�DOWgiMbr dSaSdngaVOOamrYoeal &einpslTs0p0r�ry'rot F"C0dftt.0utleeKt27M6MMAPpWd 1IMN OMf"DGWM0=Robed OLMA!j0 b'd ssas9d96i6 au02se0110A ".- I . ... ........ AM 4x, 0 Authortzcd Ny Publish AdvcrtisdtDents of all kltWllfcludtng public W)ticcs bN Erxrm of the Superior Court (if Orange County. California Number A-0214. September 29, 19(x1. and A.24831 June 11. 1903. RECEIVED PROOF OF PUBLICATMW 17 llM19128 OFFICE STATE OF CALIFORNIA) CP ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid-, I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange. State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: September 12, 2009 1 declare, under penalty of perjury, that the foregoing is true and correct. Executed on September 15, 2009 at Costa Mesa, California. • • NOW Of PUBU(HEARING GROUP RESOENTUEI USE PERMITS YELLOASTONE *AN 'S FRS7 STEP NAUSE. IC 1 56I 11111A1S STREET, 1621 NDUS STREET, 1511 PEG LSUS STREET, a 20172 RED1Af(DS DANE NOTICE IS HEREBY GIVEN that the City Council of the City Of Newport Beach will conduct a public hearing on Septara1 22, 2009, as or after 7;00 Paw. in the City Council Chambers (Building A) at 3300 Newport Boulevard. Newport Beach. California. The City Council will consider an appeal of the Nearing 0tficer's decision to deny the Use Permit ap0IKAti0ns of Yellowstone Women's First Step House. Inc. submitted for four separate sober living facilities. and to deny the applicant's requests for Reasonable Accommodation at the four locations. The appeal for each application was submitted by the applicant. A brief description of the applications submitted for each location is as follows. 1. 1561 Indus Street (UP2008 -034 and RA2009 Doe). An application requesting a0proval of a use permit to allow the continued Operation Of an unlicensed adult alcohol andio, drug abuse Sober living facility for 12 resident clients. females only The application was filed in accordance with Ordinance No 200805. As a Reasonable Accommodation, the applicant is requestin to be exempted from the Residential Use Classification 'Residential Care Facilities. General.' as defined by Section 20 D5.030 (H) of the Newport Beach Municipal Code (NBMC), and to be treated as a 'Single Housekeeping Unit.' as defined by N8MC Section 2003.030. In addition. the applicant is requalmg approval of a Reasonable Accommodation for exemption from Chapter 3.36 of the NBMC and Section 3.36 030 which requires 100 percent cost recovery for permits related to user services. Exemption is aim requested from Section 20.91A.050 (C.2) Of the NBMC to allow more than two residents per bedroom with one additional resident. 2. 1621 Indus Street (UP ?DOB 035 and RAM 005). An application requesting approval of a use permit to allow the continued operation of an unlicensed adult alcohol and /or drug abuse sober living facility for 17 resident clients, females only The application was filed in accordance with Ordinance No 200805. As a Reasonable Accommodation. the applicant is requesting to be exempted from the Residential Use Classification 'Residential Care facilities. General.- as defined by Section 2.05.030 (H) of the Newport Beach Municipal Code (NBMC). and to be treated as a 'Single Housekeeping Unit.' as defined by NBMC Section 2.03.030. In addition. the applicant is requestme approval of a Reasonable Accommoda. bon for exemption from Chapter 3.36 Of the NBMC and Section 3.36.030 which requires 100 percent cost recovery for permits related 10 user services. Exemption is also requested from Section 2.91A.050 (C.2) of the NBMC to allow more than two residents per bedroom with one additional resident. 3. 1571 Pegasus Street (UP 2008.036 and RA2009 DOE). An application requesting approval of a use permit to allow the continued operation of an unlicensed adult alcohol and/or drug abuse saber living facility for 18 resident clients, females only The application was filed in accordance with Ordinance No. 1008 05. As a Reasonable Accommodation. the applicant 13 requesting to be exempted 6om the Residential Use Classification ' Residential Care facilities. General,' as defined by Section 205.030 (H) of the Newport Beach Municipal Code (11481101C). and to be treated as A 'Single Housekeeping Unit: as defined by NBMC Section 20.03.030. In addition. the applicant is requesting approval of a Reasonable Accommoda bon for exemption from Chapter 3.36 of the NBMC and Section 3.36.030 which requires IDO percent cost recovery for permits related to use services. Exemption is also requested from Section 2.91A.050 (C.2) of the NBMC to allow more than two residents per bedroom with one additional resident 4. 2172 Redlands Drive (UP 2008037 and RA2009 007) An application requesting approval 01 a use permit to allow the continued Operation Of an unlicensed adult alcohol and'or drug abuse sober living facility for 18 resident clients. males only The application was filed in accordance with Ordinance No 200805. As a Reasonable Accommodation, the APPIcant Is requesting to be exempted from the Residential Use Classification' 'Residential Care facilities. General.' as defined by Section 20.05030 (H) of the Newport Beach Municipal Code (NBMC), and to be treated as a -Single Housekeeping Unit.- as defined by NBMC Section 2.03.030 In addition, the applicant is requesting app, oval of a Reasonable Accommods bon for exemption from Chapter 3.36 if the NBMC and Section 3 36030 which requires 100 percent cost recovery for permits related to user services Exemption is also requested from Section 2.91A 050 (C.2) of the NBMC to allow more than two residents per bedroom with one additional resident. This activity has been determined to be categorically exempt under the requirements of the Coldornia Environmental Quality Act (CEQA) under Clam 1 (Existing facilities). This press of projects has been determined not to have a significant effect in the environment and is exempt from the provisions of CEQA. This actrvity ie also covered by the general rule that CEQA applies only to projects that have the potential for causing a Significant affect on the environment (Section 15061(0)(3) of the CEQA Guidelines) It can be seen with certainty that there is no possibility that this activity will have a sigmficant effect on the envmonmeet and it is not subject to CEQA. All interested parties may appear and present testimony in regard to these applications If you challenge them projects in court. you may be limited to raising only those issues you or someone also raimd at the public hearing (described in this notice) or in written correspondence delivered to the City. at. or prior to. the public hearing. The staff report may be reviewed at the City Clerk s Office. CITY of Newport Beach. 3300 Newport Beuleva Newport Beach. California. 92663 a at the City of Newport Bach website At w1Mw.MWPMbaafbeo.•ev beginning On the Wednesday prior t0 the hearing For more informafion. call (949) 609 -3232 or (949) 6443002. To be added to a permanent notification list of these hearings. email ailff(dprliCrfbeaciiii and ask to receive them notices PrnylM File W.r PA2008 IOS, PA2008 ID6. PA2008 107 and PA2008 108 AaNVole3� No., UP20G8- 034 ;RA2009.004, UP2008035iRA2009.005. UP208. 037/RA2009 OD6 and UP2008 038/RA2009 007 Dave Riff, City Manager. City of Newport Beach Lillani Brown City Clink City of Newport Beach Publ shed Newppr {_BSgS -h; Q9y11JN Odily Pd01 $epbm�r IZ 2009 Sa952 i, aq _ c� 9 AFFIDAVIT OF POSTING On November 13 , 2009 1 posted on the property, a Notice of Public Hearing regarding: • 1561 Indus Street • 1621 Indus Street • 1571 Pegasus Street • 20172 Redlands Drive Signature CKrr'S Savar Shared+affadavi.doc