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HomeMy WebLinkAbout06 - 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