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HomeMy WebLinkAbout1903 - RECOMMEND APPROVAL OF CA _ OCCUPANCY RESIDENTIAL HOTELS AND PARKING FOR EMERGENCY SHELTERSRESOLUTION NO. 1903 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF ZONING CODE AMENDMENT NO. CA2012 -009 REGARDING SINGLE ROOM OCCUPANCY RESIDENTIAL HOTELS AND PARKING FOR EMERGENCY SHELTERS (PA2012 -179) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. In 2008 the state enacted SB2 which provides legislation that requires the City to designate zoning districts where emergency shelters will be allowed without requiring a use permit or other discretionary review. 2. The City adopted a comprehensive update of the Zoning Ordinance in October of 2010. The definition and Zoning Districts where Single Room Occupancy (SRO) Residential Hotels are allowed and a parking standard for emergency shelters were inadvertently excluded. 3. The 2008 -2014 Housing Element includes Housing Program HP 5.1.7 committing the City to define SRO's within the Zoning Ordinance and permit SROs within the commercial and office districts as previously provided for; and identified that the City complies with the requirements of SB2. The 2008 -2014 Housing Element included a certified Negative Declaration approved by City Council on November 22, 2011. 4. The Planning Commission conducted a public hearing on January 17, 2013, 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 Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. That all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document (Negative Declaration for the Housing Element Update adopted by City Council on November 22, 2011), and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no mitigation measures that should be considered in conjunction with said project. Copies of the Negative Declaration for the 2008 -2014 Housing Element Update are available for public review and inspection at the Planning Division in the Community Development Department. Planning Commission Resolution No. 1903 Page 2 of 7 SECTION 3. FINDINGS. 1. Amendment implements HP 5.1.7 by amending the Zoning Code to include a definition of Single Room Occupancy (SRO) Residential Hotels and add provisions that would permit SROs within the commercial and office zoning districts with the approval of a conditional use permit. 2. Establishes a reasonable parking requirement for emergency shelters. 3. Both amendments act to implement Goals and Programs of adopted 2008 -2014 Housing Element. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby approves this Resolution recommending City Council approval of Code Amendment (CA2012 -009), as provided in Exhibit A of this resolution, which is attached hereto and incorporated by reference. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JANUARY, 2013. AYES: Brown, Hillgren, Myers, Toerge and Tucker NOES: None ABSTAIN: Kramer ABSENT: Ameri Tmplt: 12/15/2011 Planning Commission Resolution No. 1903 Page 3 of 7 EXHIBIT "A" Revised Zoning Code Sections 20.20.020, 20.40.040 and 20.70.020 Tmplt: 12/15/2011 Planning Commission Resolution No. 1903 Paqe 4 of 7 Amendment to Section 20.20.020 Commercial Zoning Districts Land Uses and Permit Requirements to add the SRO Land Use to Tables 2 -4 and 2 -5: Tmplt[ 12115/2011 Commercial Office Zoning Districts Permit Requirements P Permitted by Right Conditional Use Permit TABLE 2 -4 CUP (Section 20.52.020) ALLOWED USES AND PERMIT REQUIREMENTS Minor Use Permit (Section MUP 20.52.020) Limited Term Permit (Section LTP 20.52.040) — Not allowed Land Use See Part 7 of this title for land use Specific definitions. OA OG OM OR Use Regulations See Chapter 20.12 for unlisted uses. Visitor Accommodations, Nonresidential Hotels, Motels, and Time Shares I CUP I — CUP — SRO Residential Hotel I CUP I CUP I CUP I CUP Tmplt[ 12115/2011 Planning Commission Resolution No. 1903 Page 5 of 7 Tmplt: 1 211 5/2 01 1 Commercial Retail Zoning Districts Permit Requirements P Permitted by Right TABLE 2 -5 Conditional Use Permit (Section ALLOWED USES AND PERMIT CUP 20.52.020) REQUIREMENTS MUP Minor Use Permit (Section 20.52.020) Limited Term Permit (Section LTP 20.52.040) — Not allowed Land Use See Part 7 of this title for land use Specific Use definitions. CC CG CM CN CV Regulations See Chapter 20.12 for unlisted uses. Visitor Accommodations Bed and Breakfast Inns MUP MUP MUP — MUP Section 20.48.060 Hotels and Motels CUP CUP CUP — CUP RV Parks — — — — CUP Time Share Facilities — CUP — — CUP Section 20.48.220 SRO Residential Hotel CUP CUP CUP CUP CUP Tmplt: 1 211 5/2 01 1 Planning Commission Resolution No. 1903 Page 6 of 7 Amendment to Section 20.40.040 Off - Street Parking Spaces Required Table 3.10 under the Emergency Shelter Land Use add the following: TABLE 3 -10 OFF - STREET PARKING REQUIREMENTS Land Use Parking Spaces Required Emergency Shelter As-required by -CGnd * GRal Use PeF + 1 per 4 beds plus 1 per staff; and if shelter is designed with designated family units then '/2 a parking space per bedroom designated for family units Tmplt: 1 211 512 01 1 Planning Commission Resolution No. 1903 Paqe 7 of 7 Amendment to Section 20.70.020 to add No. 6 to the following Visitor Accommodations (Land Use) definition: "Visitor Accommodations (Land Use). 6. Single Room Occupancy, Residential Hotels (SRO) SRO: Buildings with six or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are also the primary residences of the hotel guests. All other definitions within this Section remain the same and will be renumbered accordingly. Tmplt: 12/15/2011