HomeMy WebLinkAbout24 - Senior Housing in the GEIF DistrictCITY OF NEWPORT BEACH Hearing Date: June 12, 2001
COMMUNITY AND ECONOMIC DEVELOPMENT
c e Agenda Item No.: 24
�^ PLANNING DEPARTMENT
r • � Staff Person: Patrick J. Alford
U S 33o NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658 (949)644 -3235
(949) 644-5: FAX (949) 644-5250
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Senior Housing in the GEIF District (PA2001 -075)
SUMMARY: An amendment to Section 20.25.020 (GEIF District: Land Use Regulations)
of the Zoning Code to allow senior citizen housing in the Government,
Educational, and Institutional Facilities (GEIF) District with a use permit.
ACTION: 1. Conduct public hearing; and
2. Introduce Ordinance No. 2001 -_ approving or modifying Code
Amendment No. CA 2001 -001 and pass to second reading on June
26, 2001 or deny Code Amendment No. CA 2001 -001.
Background
This amendment was prompted by the situation at the Lutheran Church of the Master on Pacific
View Drive. This property is within the GEIF District and currently contains 101 senior citizen
dwelling units. The GEIF District allows convalescent and residential care facilities, but not multi-
family housing. Therefore, this facility is a nonconforming use.
Analysis
The Land Use Element of the General Plan provides that "senior citizen housing facilities" are
allowed uses in the Governmental, Educational, and Institutional Facilities land use category. This
policy is implemented in the Zoning Code by the land use regulations of the GEIF District, which
lists convalescent and general residential care facilities as land uses permitted with the approval of a
use permit. Convalescent facilities provide care on a twenty - four -hour basis for persons requiring
regular medical attention and residential care facilities provide twenty- four -hour non - medical care.
Residential dwelling units that do not provide such services are not permitted.
The proposed amendment would revise Section 20.25.020 (GEIF District: Land Use Regulations)
to add multi - family residential as a use permitted with a use permit, provided it is limited to
senior citizen housing consistent with the California Fair Employment and Housing Act and
California Civil Code Sections 51.2, 51.3 and 51.4.
Planning Commission Action
On May 17, 2001, the Planning Commission voted (7 -0) to recommend approval of Code
Amendment No. CA 2001 -001 to the City Council.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Ca'�/IAUc� � Y/i�JY
Exhibits:
1. Draft ordinance.
2. May 17, 2001 Planning Commission staff report.
3. Draft May 17, 2001 Planning Commission minutes.
Prepared by:
PATRICK J. ALFORD
Senior Planner
y
Senior Housing (CA 200 1 -00 1)
June 12. 2001
Page 2
ORDINANCE 2001-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TO SECTION
20.25.020 OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL
CODE TO ALLOW SENIOR CITIZEN HOUSING IN THE GEIF
DISTRICT WITH A USE PERMIT [CODE AMENDMENT NO. CA
2001 -001]
WHEREAS, the Land Use Element of the General Plan provides that senior citizen housing
facilities are a permitted use in the Governmental, Educational, and Institutional Facilities land use
category; and
WHEREAS, the Governmental, Educational, and Institutional Facilities (GEIF) Zoning
District currently does not list senior citizen housing facilities as a permitted use; and
WHEREAS, in order to fully implement the policy of the Land Use Element, Section
20.25.020 of the Zoning Code needs to be revised to add multi - family residential as a use permitted
with a use permit, provided it is limited to senior citizen housing consistent with the California Fair
Employment and Housing Act and California Civil Code Sections 51.2, 51.3 and 51.4; and
WHEREAS, on May 17, 2001, the Planning Commission of the City of Newport Beach held
a duly noticed public hearing regarding this code amendment voted unanimously to recommend
approval of this code amendment to the City Council; and
WHEREAS, on June 12, 2001, the City Council of the City of Newport Beach held a duly
noticed public hearing regarding this code amendment; and
WHEREAS, pursuant to the California Environmental Quality Act, it has been determined
that the proposed amendment is categorically exempt under Class 5, minor alterations in land use
limitations.
3
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Section 20.25.020 of Title 20 of the Newport Beach Municipal Code shall be
revised as provided in Exhibit "A."
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the
same shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on June 12, 2001, and adopted on the 26th day of June, 2001, by the following
vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
2
EXHIBIT "A"
20.25.020 GEIF District: Land Use Regulations
The following schedule establishes the land uses defined in Chapter 20.05 as permitted or
conditionally permitted in the GEIF District, and includes special requirements, if any, applicable
to specific uses. The letter "P" designates use classifications permitted in the GEIF District. The
letter "L" designates use classifications subject to certain limitations prescribed under the
"Additional Use Regulations" which follows. The letters "UP" designate use classifications
permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate
use classifications permitted on approval of use permit issued by the Planning Director, as provided
in Chapter 20.91. The letters "P/UP" designate use classifications which are permitted when located
on the site of another permitted use, but which require a use permit when located on the site of a
conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional
Use Regulations" follows the schedule. Where letters in parentheses are opposite a use classification
heading, referenced regulations shall apply to all use classifications under the heading.
GEIF: Land Use Regulations
P = Permitted
UP = Use Permit
PD/U = Use permit issued by the Planning Director
L = Limited (see Additional Use Regulations)
- -- = Not Permitted
5
3
GEIF
Additional Regulations
RESIDENTIAL
(A), (B), (C), (D)
GROUP RESIDENTIAL
L -I
MULTI- FAMILY RESIDENTIAL
L -2
PUBLICANDSEMI- PUBLIC
(A), (B), (C), (D)
CEMETERIES
UP
CLUBS AND LODGES
P
(H)
CONVALESCENT FACILITIES
UP
CULTURAL INSTITUTIONS
P
(H)
DAY CARE, GENERAL
UP
DETENTION FACILITIES
UP
GOVERNMENT OFFICES
P
HELIPORTS
UP
(E)
HOSPITALS
P
PUBLIC SAFETY FACILITIES
P
RELIGIOUS ASSEMBLY
P
RESIDENTIAL CARE, GENERAL
L -I
SCHOOLS, PUBLIC AND PRIVATE
P
UTILITIES, MAJOR
UP
5
3
GEIF: Land Use Regulations
P = Permitted
UP = Use Permit
PD/U = Use permit issued by the Planning Director
L = Limited (see Additional Use Regulations)
-- = Not Permitted
GEIF Additional Regulations
UTILITIES, MINOR P
COMMERCIAL USES (A), (B), (C), (D)
EATING AND DRINKING ESTABLISHMENTS
- ACCESSORY P (F), (H)
ACCESSORY USES (A), (B), (C), (D)
ACCESSORY STRUCTURES AND USES P/UP
TEMPORARY USES
(A), (B), (C), (D)
ANIMAL SHOWS
P
(G)
CIRCUSES AND CARNIVALS
P
(G)
COMMERCIAL FILMING, LIMITED
P
(G)
FAIRS AND FESTIVALS
P
(G)
HELIPORTS, TEMPORARY
P
(G)
REAL ESTATE OFFICES, TEMPORARY
P
(G)
RECREATION AND ENTERTAINMENT EVENTS
P
(G)
RELIGIOUS ASSEMBLY
P
(G)
TRADE SHOWS
P
(G)
GEIF District: Additional Land Use Regulations
L -1 Permitted with a use permit as an accessory use in a educational or medical institution
(occupying less than 25 percent of the gross floor area).
L -2 Use permit required; limited to senior citizen housing consistent with the California Fair
Employment and Housing Act and California Civil Code Sections 51.2, 51.3 and 51.4.
(A) See Section 20.60.025: Relocatable Buildings.
(B) See Section 20.60.015: Temporary Structures and Uses.
(C) See Section 20.60.050: Outdoor Lighting.
4
(D) Approval of a use permit in accordance with the provisions of Chapter 20.91 is required for
the establishment of any new use permitted by this section, or any expansion or changes in
the operational characteristics of an existing use within this zoning district, unless said use
is owned and or operated by a governmental agency that is exempted from the provisions of
this section by constitutional or statutory law, and is acting in its governmental capacity.
(E) See Section 20.60.055: Heliports and Helistops.
(F) See Chapter 20.82: Eating and Drinking Establishments.
(G) Special event permit required, see Chapter 5.10 of the Municipal Code.
(H) See Chapter 20.89: Alcoholic Beverage Outlets.
dEwaDRr CITY OF NEWPORT BEACH Hearing Date: May 17, 2001
PLANNING DEPARTMENT Agenda Item: 1
350,, NEWPORT BOULEVARD Staff Person: Patrick J. Alford
<,FOai' NEWPORT BEACH, CA 92658 (949) 644 -3235
(949) 644 -5200; FAX (949) 644-5250
REPORT TO THE PLANNING COMMISSION
PROJECT: Senior Housing in the GEIF District (PA2001 -075)
SUMMARY: An amendment to Section 20.25.020 (GEIF District: Land Use Regulations)
of the Zoning Code to allow senior citizen housing in the Government,
Educational, and Institutional Facilities (GEIF) District with a use permit.
RECOMMENDED
ACTION: Recommend approval to the City Council of Code Amendment No. CA
2001 -001 subject to the findings for approval attached as Exhibit 1.
Background
On April 19, 2001, the Planning Commission adopted a resolution of intent :o revise the Zoning
Code to allow senior citizen housing in the Government, Educational, and Institutional Facilities
(GEIF) District with a use permit.
Analvsis
The Land Use Element of the General Plan provides that "senior citizen housing facilities" are
allowed uses in the Governmental, Educational, and Institutional Facilities land use category. This
policy is implemented in the Zoning Code by the land use regulations of the GEIF District, which
lists convalescent and general residential care facilities as land uses permitted with the approval of a
use permit. Convalescent facilities provide care on a twenty- four -hour basis for persons requiring
regular medical attention and residential care facilities provide twenty- four -hour non - medical care.
Residential dwelling units that do not provide such services are not permitted.
The proposed amendment would revise Section 20.25.020 (GEIF District: Land Use Regulations)
to add multi - family residential as a use permitted with a use permit, provided it is limited to
senior citizen housing consistent with the California Fair Employment and Housing Act and
California Civil Code Sections 51.2, 51.3 and 51.4.
Environmental Review
The project has been reviewed pursuant to the California Environmental Quality Act and has been
determined to be categorically exempt under Class 5, minor alterations in land use limitations.
q
Recommendation
Staff recommends that the Planning Commission adopt the attached resolution recommending that
the City Council adopt Code Amendment No. CA 2001 -001.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Exhibit
Resolution recommending approval to the City Council.
Prepared by:
PATRICK J. ALFORD
Senior Planner
10
Harbor & Bay Element (PA2001 -050)
May 17, 2001
Page 2
RESOLUTION NO. 2001-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING APPROVAL
TO THE CITY COUNCIL OF AN AMENDMENT TO SECTION
20.25.020 OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL
CODE TO ALLOW SENIOR CITIZEN HOUSING IN THE GEIF
DISTRICT WITH A USE PERMIT [CODE AMENDMENT NO. CA
2001 -001]
WHEREAS, the Land Use Element of the General Plan provides that senior citizen housing
facilities are a permitted use in the Governmental, Educational, and Institutional Facilities land use
category; and
WHEREAS, the Governmental, Educational, and Institutional Facilities (GEIF) Zoning
District currently does not list senior citizen housing facilities as a permitted use; and
WHEREAS, in order to fully implement the policy of the Land Use Element, Section
20.25.020 of the Zoning Code needs to be revised to add multi - family residential as a use permitted
with a use permit, provided it is limited to senior citizen housing consistent with the California Fair
Employment and Housing Act and California Civil Code Sections 51.2, 51.3 and 51.4; and
WHEREAS, on May 17, 2001, the Planning Commission of the City of Newport Beach held
a public hearing regarding this amendment; and
WHEREAS, the public was duly noticed of the public hearing; and
WHEREAS, pursuant to the California Environmental Quality Act, it has been determined
that the proposed amendment is categorically exempt under Class 5, minor alterations in land use
limitations.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of
Newport Beach does hereby recommend that the City Council of the City of Newport Beach adopt
an amendment to Title 20 of the Newport Beach Municipal Code to revise amendment would revise
Section 20.25.020 as provided in Exhibit "A."
ADOPTED this 17th day of May 2001, by the following vote, to wit:
IM
Edward Selich, Chairman
BY
Steven Kiser, Secretary
2
M.
NOES
ABSENT
IZ
Exhibit A
20.25.020 GEIF District: Land Use Regulations
The following schedule establishes the land uses defined in Chapter 20.05 as permitted or
conditionally permitted in the GEIF District, and includes special requirements, if any, applicable
to specific uses. The letter "P" designates use classifications permitted in the GEIF District. The
letter "L" designates use classifications subject to certain limitations prescribed under the
"Additional Use Regulations" which follows. The letters "UP" designate use classifications
permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate
use classifications permitted on approval of a use permit issued by the Planning Director, as provided
in Chapter 20.91. The letters "P/UP" designate use classifications which are permitted when located
on the site of another permitted use, but which require a use permit when located on the site of a
conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional
Use Regulations" following the schedule. Where letters in parentheses are opposite a use
classification heading, referenced regulations shall apply to all use classifications under the heading.
GEIF: Land Use Regulations
P = Permitted
UP = Use Permit
PDIU = Use permit issued by the Planning Director
L = Limited (see Additional Use Regulations)
— = Not Permitted
GEIF Additional Regulations
RESIDENTL4L (A), (B), (C), (D)
GROUP RESIDENTIAL
L -1
MULTI FrCMiI.Y RESIDENTIA7
L'�' -2
PUBLICAND SEMI - PUBLIC
(A), (B), (C), (D)
CEMETERIES
UP
CLUBS AND LODGES
P
(H)
CONVALESCENT FACILITIES
UP
CULTURAL INSTITUTIONS
P
(H)
DAY CARE, GENERAL
UP
DETENTION FACILITIES
UP
GOVERNMENT OFFICES
P
HELIPORTS
UP
(E)
HOSPITALS
P
PUBLIC SAFETY FACILITIES
P
3 l3
GEIF: Land Use Regulations
P = Permitted
UP = Use Permit
PD/U = Use permit issued by the Planning Director
L = Limited (see Additional Use Regulations)
— - Not Permitted
COMMERCIAL USES (A), (B), (C), (D)
EATING AND DRINKING ESTABLISHMENTS
- ACCESSORY P (F), (H)
ACCESSORY USES (A), (B), (C), (D)
ACCESSORY STRUCTURES AND USES P/UP
TEMPORARY USES
GEIF Additional Regulations
RELIGIOUS ASSEMBLY
P
RESIDENTIAL CARE, GENERAL
L -1
SCHOOLS, PUBLIC AND PRIVATE
P
UTILITIES, MAJOR
UP
UTILITIES, MINOR
P
COMMERCIAL USES (A), (B), (C), (D)
EATING AND DRINKING ESTABLISHMENTS
- ACCESSORY P (F), (H)
ACCESSORY USES (A), (B), (C), (D)
ACCESSORY STRUCTURES AND USES P/UP
TEMPORARY USES
(A), (B), (C), (D)
ANIMAL SHOWS
P
(G)
CIRCUSES AND CARNIVALS
P
(G)
COMMERCIAL FILMING, LIMITED
P
(G)
FAIRS AND FESTIVALS
P
(G)
HELIPORTS, TEMPORARY
P
(G)
REAL ESTATE OFFICES, TEMPORARY
P
(G)
RECREATION AND ENTERTAINMENT EVENTS
P
(G)
RELIGIOUS ASSEMBLY
P
(G)
TRADE SHOWS
P
(G)
GEIF District: Additional Land Use Regulations
L -1 Permitted with a use permit as an accessory use in a educational or medical institution
(occupying less than 25 percent of the gross floor area).
4 114
City of Newport Beach
Planning Commission Minutes
May 17, 2001
DRAFT l�
Newport Riverboat Restaurant
151 East Coast Highway
• Use Permit No. 3684
A request top it outdoor dining in conjunction with the operation of an
existing full- service taurant /museum facility. The specific request includes;
use of the bow and s decks for Saturday and Sunday brunch; use of the
bow deck adjacent to the as room in conjunction with a specified number
of annual special events and pr to parties, and no outdoor music is proposed.
Staff reported that this item is being 16Kfinuecl to the Planning Commission
hearing of June 7, 2001 at the request of the-6WIicant.
Motion was made by Commissioner Kranzley to CON que Use Permit No. 3684 to
the Planning Commission hearing of June 7, 2001:
Ayes: McDaniel, Kiser, Agajanion, Gifford. Kranzley,
Noes: None
Absent: Gifford
SUBJECT: Senior Housing in the GEIF District (PA2001 -075)
An amendment to Section 20.25.020 (GEIF District: Land Use Regulations) of the
Zoning Code to allow senior citizen housing in the Government, Educational,
and Institutional Facilities (GEIF) District with a use permit.
At Commission inquiry, Ms. Temple noted that the Multi - Family Residential with
the notation of L -2 designation is being added that limits the use to senior
citizen housing as defined by the California Fair Employment and Housing Act
and California Civil Code.
Public comment was opened.
Public comment was closed.
Motion was mode by Commissioner Kranzley to adopt Resolution No. 1528
recommending approval to the City Council of Code Amendment No. CA2001-
001.
Ayes: McDaniel, Kiser, Agojonion, Selich, Kranzley, Tucker
Noes: None
Abstain: Gifford
2
INDEX
Item No. 1
Use Permit No. 3684
Continued to
06/07/2001
Item No. 2
PA2001 -075
Recommended for
Approval
1ST