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CITY OF NEWPORT BEACH
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HEARING OFFICER AGENDA
Newport Beach City Hall
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100 Civic Center Drive, Newport Beach
Corona del Mar Conference Room (Bay E -1" Floor)
February 24, 2014 - 9:00 a.m.
Judge John C. Woolley, Hearing Officer
Staff Members:
Brenda Wisneski, AICP Deputy Community Development Director
Melinda Whelan, Assistant Planner
I. CALL MEETING TO ORDER
II. PUBLIC HEARING ITEM
Item No. 1. Ohio House - Reasonable Accommodation Permit No. RA2013.001 (PA2013 -198)
610 36th Street, upstairs and downstairs unit Council District 1
Summary: A reasonable accommodation application requesting relief from the requirements of
Section 20.18.020 (Residential Zoning Districts Land Uses and Permit
Requirements) of the Newport Beach Municipal Code. The applicant requests that
the City allow the continued operation of an existing unlicensed residential care
facility for up to 10 persons in recovery from alcohol and /or drug addiction and one
resident supervisor in an existing duplex at 610 36th Street. The facility is located in
the R -2 District, where such uses are not permitted. The property is located in the R-
2 (Two - Family Residential) District.
Recommended
Action: 1) Conduct public hearing;
2) Find this project is not subject to the California Environmental Quality Act
(CEQA) pursuant to Section 15270 CEQA Guidelines; and
3) Adopt Resolution No. _ denying Reasonable Accommodation No. RA2013-
001.
CEQA
Compliance: The project is categorically exempt under Section 15301 of the State CEQA (California
Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). 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.
This hearing is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Hearing Officer's
agenda be posted at least seventy -two (72) hours in advance of each regular hearing and that the public be allowed to
comment on agenda items before the Hearing Officer and items not on the agenda but are within the subject matter
jurisdiction of the Hearing Officer. The Hearing Officer may limit public comments to a reasonable amount of time, generally
three (3) minutes per person.
It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act ( "ADW) in all respects. If, as
an attendee or a participant at this hearing, you will need special assistance beyond what is normally provided, the City of
Newport Beach will attempt to accommodate you in every reasonable manner. If requested, this agenda will be made available
in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Please contact
the Community Development Department at least forty -eight (48) hours prior to the hearing to inform us of your particular
needs and to determine if accommodation is feasible at 949 -644 -3200.
City of Newport Beach
Hearing Officer Agenda
February 24, 2014
III. PUBLIC COMMENTS ON NON - AGENDA ITEMS
Public comments are invited on non - agenda items generally considered to be within the subject matter
jurisdiction of the Hearing Officer. Speakers must limit comments to three (3) minutes. Before speaking,
we invite, but do not require, you to state your name for the record. The Hearing Officer has the
discretion to extend or shorten the speakers' time limit on non - agenda items, provided the time limit
adjustment is applied equally to all speakers. As a courtesy, please turn cell phones off or set them in
the silent mode.
IV. ADJOURNMENT
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is
to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at
the public hearing or in written correspondence received by the City at or before the hearing.
The agendas, minutes, and staff reports are available on the City's web site at:
www. newportbeachca.gov /hearingofficer and for public inspection in the Community Development
Department, Planning Division located at 100 Civic Center Drive, during normal business hours. If you have
any questions or require copies of any of the staff reports or other documentation, please contact the
Community Development Department, Planning Division staff at (949) 644 -3200.
APPEAL PERIOD: An appeal may be filed with the Director of Community Development or City Clerk, as
applicable, within fourteen (14) days following the date the action or decision was rendered unless a different
period of time is specified by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative
parcel and tract maps, lot line adjustments, or lot mergers). For additional information on filing an appeal,
contact the Planning Division at 949 644 -3200.
REV: 02 -07 -14