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Home My WebLink About01 - PowerPoint PresentationCity of Newport Beach Appeal to City Council of Hearing Officer's Decision to Deny Use Permit Applications & Reasonable Accommodation Requests - Monday, January 11, 2010 Yellowstone Women's First Step House(s) 1563. Indus Street 1621 Indus Street 1571 Pegasus Street 203.72 Redlands Drive A. % �) q' PO I �♦ Lynn House 20162 1571 •�. _ 8 �. �/p 1 12 1591 3601 17 1631 �• / '..F09 -._ 1531 1641 ti6 /1502 SGS 1551 1572 _ -___ ____ -_...- S {1501 152;532 156 I Yellowstone WFSH Homes 1661 `� �•'�. 1$ 1671 j 1511 .591 20111 20081 1534 1511 1552 1562 - 1601 - 20132 20121 ,y�J • ]14, 20091 \ 20082 1538 1551 1572 20152 20141. — P 1532 1536 1561 1592 ?� 162 \,x 20112 / 15M 1571 1602 t10� 18 ? 120122 20111 20092'• 1551 1554 1591 - �- 1631 20151 20112 20121 20102 j 1531 1552 1521 1601 ' 20152 -'20112 / 15411551 '1622 1651 20141 4 o v 1511 1602 O� 1632 F(,. 1671 20151 ?� 20122�I 1541 C,S� _1621 1642 CGS _ 1681 20161 20142 -- 1631 1662 _S 15]2 00� .'l + 20181 ' 20152 .I 612 1641 1672 20162./ 1616 1624 1661 1692 / 20251 20253 1671 1691 1702 -- �� - -,' 2018 2 j 20271 ,1662 1722 20192/ 561 20281 1690 1 1701 20291 " 1692 - _ 1721 20301 �� 20272 1694 1731 / 20311 4. 20282 20271 1712 0qph�200ft 1561 Indus Street provides housing for 12 female residents, and was established in 2007 1621 Indus Street provides housing for 18 female residents, and was established in 2003 1571 Pegasus Street provides housing for 1.8 female residents, and was established in 2005 20172 Redlands Drive provides housing for 17 male residents (applied for 18), also established in 2005 Public hearing was conducted on February 20, 2009. The Hearing Officer: Denied the use permits for the facilities located at 1561 Indus Street and 1571 Pegasus Street, and Approved with conditions the use permits for the facilities located at 1621 Indus Street and 20172 Redlands Drive, for a maximum 15 residents in each home. The Hearing Officer reopened the public hearing on the use permit applications on March 12, 2009. At conclusion of the reopened hearing, the Hearing Officer: Determined use of homes as sober living facilities were not lawfully established, and not qualified to seek use permits, and Denied all four use permits, adopting Resolutions of Denial on April 14, 2009. No. 1 - That the residents of each facility be treated as a single housekeeping unit. No. 2 - An exemption from the occupancy restrictions of Section 20.91A.050 which requires that use permits granted to residential care facilities limit occupancy to 2 persons per bedroom, plus one additional resident. No. 3 - An exemption from the City's requirement that all use permit applications be accompanied by an application filing fee. 1. That the requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the Fair Housing Laws. 2. That the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. 3. That the requested accommodation will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in Fair Housing Laws and interpretive case law. 4. That the requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in Fair Housing Laws and interpretive case law. 5. That the requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. Public hearing was conducted on March 12, 2009. The Hearing Officer: Denied Request No. 1, and adopted Resolutions of Denial on April 14, 2009, Did not consider Request No. 2, as the use permits were denied; and Directed Yellowstone to submit financial information within s. week of the hearing in support of Request No. 3. Yellowstone filed appeals of the Hearing Officer's decisions to deny the use permits and reasonable accommodation requests, stating: The home(s) operate such that the required findings for a use permit can be made. Therefore, the City improperly denied the request(s). The City denied the CUP application(s), therefore, the decision regarding the occupancy exemption was rendered moot. Although this RA request was not considered, Yellowstone appeals because the home(s) operate such that the required findings to grant a reasonable accommodation can be made. The home(s) operate such that the required findings for a reasonable accommodation can be made. Therefore, the City improperly denied the request(s). Requests reasonable accommodation to continue to house 12 residents at each of its four facilities (48 residents total). Requests as an RA that the City treat each of its houses as a single housekeeping unit, by waiving the requirement that all of the residents be on a single written lease as required in the definition of single housekeeping unit in Newport Beach Municipal Code ( "NBMC ") section 20.03.030. Request that the City grandfather the fire clearances it claims to have received from the Orange County Fire Authority prior to the City's annexation of Santa Ana Heights in January 20o8. Requests that the City apply all building, zoning, fire and life safety codes to each of its houses in the same manner as those code provisions are applied to single housekeeping units or single family uses. Requests waiver of the occupancy limitation of two per bedroom plus one staff member to determine maximum occupancy per house.