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Home My WebLink About09 - Residential Care FacilitiesCITY OF NEWPORT BEACH • CITY COUNCIL STAFF REPORT Agenda Item No. 9 February 13, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 palfordOcity. newport-beach.ca.us SUBJECT: Residential Care Facilities Code Amendment ISSUE: Should.the City Council adopt a resolution of intent to amend Title 20 (Zoning Code) of the Newport Beach Municipal Code to revise land use classifications and definitions relating to Residential Care facilities? • RECOMMENDATION: Adopt Resolution No. 2007- initiating an. amendment to Title 20 of the Newport Beach Municipal Code to revise land use classifications and definitions relating to Residential Care facilities. DISCUSSION. Background Residential Care facilities include group homes, sober living environments, recovery facilities and other establishments providing non - medical care for persons in need of personal services, supervision, protection or assistance essential for sustaining the activities of daily living. The Zoning Code divides Residential Care facilities into two land use classifications, Residential Care, Limited.for facilities with six (6) or fewer persons and Residential Care, General for facilities with seven (7) or more persons. In the case of recovery facilities, these numbers do not include the licensee or members of the licensee's family or persons employed as facility staff. Residential Care, Limited (6 or fewer) facilities are permitted by right in residential zoning districts. Pursuant to State land use preemption, such facilities must be treated as a single- family use and no zoning requirement may be applied to that facility that is hot": applied to: other single - family residences in the same zoning: district. Residential Care, • General (7 or more) facilities are not subject to the State preemption. However, federal Residential Care Facilities February 13, 2007 Page 2 is statutes and case law remove most of the control that states have left to cities by requiring cities to make exceptions from their usual zoning requirements as a "reasonable accommodation" of the residents' handicap. The City requires a "Federal Exception Permit" (FEP) for Residential Care, General facilities in residential zoning districts. The FEP is a permit and application process required to obtain a "reasonable accommodation" as that term is used in the Federal Fair Housing Act Amendments (FHAA) and the case law implementing the FHAA. The FEP must be approved unless there is substantial evidence in the administrative record that establishes that one or more of the following findings cannot be made: The Federal Exception Permit sought is handicapped - related. 2. The living group is not residing in the Dwelling or Dwellings as a Single Housekeeping Unit. 3. The Federal Exception Permit, if approved, would not require a fundamental alteration in the nature of a municipal program nor impose an undue financial or administrative burden on the City. To the extent authorized by law, the factors the Planning Commission or the City Council on review or appeal may consider in deciding whether to grant a Federal Exception Permit include, but are not necessarily limited to: is (i) whether the nature and /or extent of vehicular traffic, such as the frequency or duration of trips by commercial vehicles, would be altered to a such an extent that it would be contrary to, or violate, any relevant provision of the Newport Beach Municipal Code if the Federal Exception Permit was approved; or (i) whether development or use standards established in the Newport Beach Municipal Code and that are applicable to other residential uses in the neighborhood would be violated; or (iii) whether a Campus would be established in a residential zone if the Federal Exception Permit were granted. The Proposed Amendment The proposed code amendment would revise both land use classifications to explicitly state that the number of persons relates to the entire premises, site, or building and not to the number of persons in each dwelling unit. As a result, a FEP will be required if a residential care facility has seven (7) or more persons, whether or not the facility operates out of several dwelling units with an individual dwelling unit population of six.(6) or fewer. • Residential Care Facilities February 13, 2007 Page 3 • The proposed code amendment will also require FEP applications to include a management plan. The management plan will need to identify and address parking facilities, meeting facilities, transportation to off -site facilities, outside assembly areas, noise, second -hand smoke, and litter control, and compliance with all applicable residential zoning district performance standards. Finally, the proposed code amendment includes a new definition for "site" that will include adjoining parcels under single ownership or single control and a definition for "premises" that will include dwelling units or buildings under a single ownership or single control. Environmental Review: None required for the initiation of amendments. Public Notice: None required for the initiation of amendments. Prepared by: • Patrick J. Alford Senior Planner Attachments: 1. Draft resolution of intent. • Submitted by: David Lepo Planning Diregfir RESOLUTION NO. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING AN AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE DEFINITIONS AND PROCEDURES RELATING TO RESIDENTIAL CARE FACILITIES WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the City Council to adopt a resolution initiating amendments to the Zoning Code of the City of Newport Beach; and WHEREAS, the definitions of "Residential Care, General" and "Residential Care, Limited" contained in Title 20 of the Newport Beach Municipal Code are no longer consistent with the definitions for similar facilities contained in State law; and WHEREAS, the City Council of the City of Newport Beach desires its definition for Residential Care Facilities to be consistent with definitions provided under State law and regulations; WHEREAS, the City Council of the City of Newport Beach desires to require a management plan for Residential Care facilities subject to a Federal Exception Permit to address the secondary effects of multiple facilities operating together as an integral facility. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby initiates an • amendment Title 20 of the Newport Beach Municipal Code to revise definitions and procedures relating to Residential Care facilities. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on February 13, 2007, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK • _. 4 n U Exhibit A Section 20.03.030 person or entity, or operated in furtherance of a single plan or goal. Site: A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use(See- Bukli+g 9 ". Section 20.05.030 (D) D. Residential Care, Limited. " " Fneans shared living aeit) —Any premises, site, or building for six &Lor fewer persons with physical or mental impairments that substantially limit or have a record of substantially limiting one or more of such person's major life activities. This classification -aise includes, but is not limited to, group homes, sober • diving environments, recovery facilities, and establishments providing non- medical care for persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. Section 20.05.040 (R) R. Residential Care, General. "o,.s:,,Antial CaF Ge.,eFalp Fneanr AhRrLaa ti reerA or unit) -Any remises, site, or building for seven j�or more persons with physical or mental impairments that substantially limit or have a record of substantially limiting one or more of such person's major life activities when such persons are not living together as a single housekeeping unit. This classification includes_ but is not limited, to group homes, sober living environments, recovery facilities and establishments providing non - medical care for persons in need of personal services, supervision, protection or assistance essential for sustaining the activities of daily living. • Section 20.91.020 20.91.020 Application for Use Permit, Variance, or Federal Exception Permit A. Procedure. An application for a use permit, variance, or Federal Exception Permit shall be filed in a manner consistent with the requirements contained in Chapter 20.90, Application Filing and Fees. B. Management Plan Required. An application for a Federal Exception vehicles. The number, location, and dimensions of parking facilities shall be identified. meeting facilities shall be identified. 3. Outside Assembly Areas. Areas located outside of a building used for pre- meeting staging, breaks, and queuing for transportation. 5. Noise, Second -hand Smoke. and Litter Control. A practical program for controlling noise, second -hand smoke, litter, spills, and stains on Public and private property resulting from the use of the facility and adiacent areas. 6. Zoninq Code Compliance. The ability for the use to comply with all applicable residential zoning district performance standards,. including Section 20.60.100 (Home Occupations in Residential Districts). C1 • • CD r ' �sf.Cct'J- Eby /n/,♦fTER AGcr{��p Harkless, LaVonne From: Darleen Kuhlmann [darleenkuhl @yahoo.com] Sent: Monday, February 12, 2007 11:49 AM To: Harkless, LaVonne Subject: Proposed 20.91.040, Item 9 on City Council Agenda Mayor and City Council Members: We oppose the adopting of this until the residents of Newport Beach review it as part of the committee being formed by the mayor. As it is written it grandfathers the present rehab facilities which are an over burden to the residents of West Newport Beach. Ken & Darleen Kuhlmann 213 39th St. Newport Beach, Ca. 92663 Now that's room service! 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