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Home My WebLink About19 - Zoning Amendment for Recovery FacilitiesCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 19 July 13, 2004 TO: MAYOR & MEMBERS OF THE CITY COUNCIL FROM: Robert Burnham, City Attorney 644 -3131, rburnham e city. newport- beach. ca. us SUBJECT: Zoning Amendment/Recovery Facilities ISSUE: Should the City Council introduce, and pass to second reading and adoption, amendments to the Zoning Code (Exhibit A) that are intended to preserve the character of residential neighborhoods in a manner consistent with State and Federal statutory/decisional law related to the regulation of recovery facilities? RECOMMENDATION: Staff recommends that the City Council introduce and pass to second reading the proposed amendments to the Zoning Code. BACKGROUND: On February 24, 2004, the City Council initiated amendments to the Zoning Code "pertaining to recovery facilities in residential districts." On May 20, 2004, the Planning Commission conducted a noticed public hearing relative to proposed amendments to various provisions of the Zoning Code. The Planning Commission held a second hearing on June 17, 2004. The Planning Commission (4 ayes, 2 nays and one absent) voted to approve the Exhibit A with the understanding that the definition of campus be revised to specify three or more structures located within a radius of 300 yards. For purposes of this memo, we are using the term "recovery facilities" to mean dwelling units that house persons who are "abstinent in recovery' or who suffer from a disorder or other condition that would constitute a "handicap" under Federal or State law. Based on research conducted to date, special counsel and staff believe the following is an accurate summary of the statutory and decisional law that is most relevant to the regulation of recovery facilities: 1. State law requires the City to treat State - licensed drug or alcohol treatment facilities serving six or fewer occupants as single family residential uses. State law also preempts local ordinances imposing special building, fire safety, fee or permit requirements on State - licensed drug or alcohol treatment facilities serving six or fewer occupants. According to State law, the number of occupants does not include the State licensee, members of the licensee's family, or persons employed at the facility. 2. The Fair Housing Act Amendments of 1988 (FHAA) prevents the City's from adopting or enforcing zoning ordinances that impact recovery facilities for handicapped individuals differently than non - handicapped residential uses in the same zone unless the City: (a) can prove the ordinance is necessary to further a legitimate governmental interest; and (b) reasonably accommodates handicapped individuals /uses by waiving enforcement unless we can prove that a waiver would impose an undue burden on the City and undermine the basic purpose of the ordinance. 3. The FHAA and related case law prohibits the City from, among other things, establishing a "one person per bedroom room' requirement for recovery facilities, imposing distance requirements between recovery facilities, and or preventing "for - profit" entities from establishing or operating recovery facilities. 4. The provisions of State law relative to the treatment of State - licensed recovery facilities serving six or fewer occupants and the provisions of the FHAA that prohibit discrimination combine to prevent the City from treating unlicensed recovery facilities differently than State - licensed recovery facilities. PLANNING COMMISSION MEETING OF MAY 20, 2004 At the Planning Commission meeting on May 20th, staff and special counsel presented the proposed Zoning Code amendments that were drafted in an effort to preserve the unique character of our diverse residential neighborhood in a manner consistent with State and Federal statutory and decisional law. The amendments presented on May 20, 2004 can be summarized as follows: 1. Various definitions — including "single family dwelling" and "family" — were modified and the term "single housekeeping unit" has been added. (20.03.030) 2. Certain "Residential Use Classifications" were modified to more closely conform to law and the term "Residential Care, General" was added. (20.05.030) 3. A "Reasonable Accommodation" process was added to provide a mechanism for persons to request, and for the City to evaluate and approve when appropriate, a "Reasonable Accommodation." (Section 20.91.020) 4. The matrix of permitted land uses in Residential Districts was been modified to permit "Residential Care, Limited" (recovery facilities with six or fewer occupants per dwelling unit) in all Districts. The matrix was also modified to prohibit Residential Care, General" in R -1 and R -A zones (20.10.020) and require a "Reasonable Accommodation" for "Residential Care, General" (recovery facilities with seven or more occupants per dwelling unit) uses in all other residential zones. During the public hearing on May 20th, members of the Planning Commission and the public commented on, and asked staff and special counsel to evaluate, a number of issues. The issues included: (a) why special counsel and staff were proposing amendments that allow recovery facilities with seven or more occupants per dwelling unit in the R1.5 and R -2 zones with a reasonable accommodation; (b) the extent of the City's ability to consider parcel size as a factor in the zones in which recovery facilities are located and /or the reasonable accommodation determination; (c) the factors — including impact on the neighborhood - the City could or should consider in granting a reasonable accommodation; (d) the extent of the City's ability to adopt and apply special parking standards to recovery facilities; (e) whether the Planning Director or the Planning Commission should make the initial determination on a reasonable accommodation; (e) the City's ability, if any, to establish limits on the number of recovery facilities in a particular neighborhood or geographic area; and (f) the manner in which neighboring communities are dealing with recovery facilities. PLANNING COMMISSION MEETING OF JUNE 17. 2004 On June 17, 2004, staff and special counsel presented the Planning Commission with a revised ordinance that responded, where possible, to issues raised during the May 20th meeting. The major changes to the ordinance presented on May 201h were: (a) the addition of a definition of campus to mean three or more buildings being used together for a common purpose where one of the buildings provides a service for the users of all buildings; (b) the addition of a "Federal Exception Permit' (FEP) requirement for recovery facilities in R -1.5, R -2 and MFR zones and delineation of some of the factors that the Planning Commission could consider in deciding whether to grant or deny an FEP; and (c) designating the Planning Commission — rather than the Planning Director - as the initial decision maker on an application for an FEP. DISCUSSION The proposed ordinance (Exhibit A) conforms to the recommendation of the Planning Commission represents what staff and special counsel believe is the most appropriate vehicle to reconcile State and Federal restrictions on our ability to regulate recovery facilities with the desire of the City Council to preserve the unique character of different residential neighborhoods. Newport Beach is home to residential areas — such as the R -1.5 and R -2 zones near the beach and bay - that have a relatively high percentage of renters and a sizeable number of dwelling units that are offered as vacation rentals during the summer and to college students during the winter. These R -1.5 and R -2 zones are characterized by relatively small lots and, based on anecdotal evidence, relatively high densities. For these reasons, the proposed ordinance prohibits recovery facilities in R -1 zones (or the equivalent) and requires recovery facilities serving 7 or more occupants in the R 1 -5 and R -2 zones to obtain a Federal Exception Permit. Members of the Planning Commission and those who testified at the two public hearings suggested various amendments that would establish special development standards for recovery facilities. Staff and special counsel are aware of no hard evidence to support a finding that recovery facilities — other than situations involving a "campus" - have a greater impact on parking than other residential uses. However, we have evidence that suggests the concentration of recovery facilities in an area can increase the volume of traffic and the number of large commercial vehicles entering and leaving the area — so we have incorporated those considerations into the Federal Exception Permit process. We have previously offered the opinion, based on legal research, that the City does not have the authority to regulate the number of recovery facilities in a given area or require that recovery facilities be separated by a specific distance. Finally, special counsel has prepared a matrix of the recovery facility regulations adopted by neighboring jurisdictions (Exhibit B). The proposed ordinance — which would amend provisions of the Zoning Code — does not address issues related to licenses that recovery facilities might be required to obtain under other provisions of the Municipal Code or the application of other provisions that regulate the conduct of people or require permits of certain land uses. This office and special counsel will be reviewing those issues separately and will provide the City Council with an analysis sometime in the near future. The proposed amendments are exempt from CEQA pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines. Su fitted by Robert Burnham, City Attorney DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING SECTIONS 20.03.030, 20.05.030, 20.05.040, 20.10.010 20.10.020 and Chapter 20.91 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ALL CATEGORIES OF GROUP LIVING WHEREAS, the City has adopted regulations on different types of group living arrangements at various times throughout the City's history; and WHEREAS, the existing regulations on group living are confusing and in need of refinement; and WHEREAS, in light of the Fair Housing Act Amendments, 42 U.S.C. § 3601, et seq. (the "Act "), the City desires to codify its process for providing Federal Exception Permits when appropriate under the Act; NOW, THEREFORE, the City Council of the City of Newport Beach hereby ordains as follows: SECTION 1. The following definitions contained in Section 20.03.030 of the Newport Beach Municipal Code are hereby amended to read as follows: "Campus" means three or more buildings in a residential zone within a 300 yard radius of one another that are used together for a common purpose where one or more of the buildings provides a service for the occupants of all the buildings such as when one building serves as a kitchen/food service area for the occupants of the other buildings. "Dwelling, multifamily" means a building containing three or more dwelling units, each of which is for occupancy by one family. "Dwelling, single- family" means a building containing one dwelling unit for occupancy by one family. "Dwelling, two family" means a building containing two dwelling units, each of which is for occupancy by a one family. "Family" means one or more persons living as a Single Housekeeping Unit. The term "Family" shall include residential care, limited facilities for six or fewer mentally disabled, mentally 261/066751 -0059 512369.01 a07/06104 EXHIBIT - � disordered or otherwise handicapped persons, but no other living group not living together as a single housekeeping unit. "Single Housekeeping Unit" means the functional equivalent of a traditional family, whose members are a non - transient, interactive group of persons jointly occupying a single dwelling unit, including the joint use of common areas and sharing household activities and responsibilities such as meals, chores, and expenses. SECTION 2. The following definitions contained in Section 20.05.030 of the Newport Beach Municipal Code are hereby amended to read in their entirety as follows: "Day -Care, Limited" means non - residential, non - medical care and supervision of twelve (12) or fewer persons on a less than twenty -four hour basis. This classification includes, but is not limited to nursery schools, preschools, and day -care centers for children (large and small family day -care homes) and adults. "Group residential" means shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, dormitories, fraternities, sororities, and private residential clubs, but excludes Residential Care- Limited, Residential Care - General, and residential hotels (see Single -Room Occupancy (SRO) Residential Hotels, Section 20.05.050(EE)(4)). "Residential Care - Limited" means shared living quarters without separate kitchen or bathroom facilities for each room or unit for six or fewer persons with physical or mental impairments which substantially limit one or more of such person's major life activities. This classification also 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. "Residential Care, General" means shared living quarters without separate kitchen or bathroom facilities for each room or unit for seven or more persons with physical or mental impairments which substantially limit one or more of such person's major life activities. This classification includes but is not limited to group homes, sober living environnents, 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. 261/066751 -0059 512369.01 a07/06/04 -2- "Single- Family Residential" means buildings containing one dwelling unit located on a single lot for occupancy by one family. This classification includes mobile home and factory built housing. "Two- Family Residential" means buildings containing two dwelling units located on a single lot, each unit limited to occupancy by a single family. This classification includes mobile home and factory built housing. SECTION 3. The definition of "Residential Care, General" contained in Section 20.05.040 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: "Residential Care, General" means shared living quarters without separate kitchen or bathroom facilities for each room or unit for seven or more persons with physical or mental impairments which substantially limit one or more of such person's major life activities. 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 4. Subsection Hof Section 20.10.010 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: H. Provide public services and facilities to accommodate planned population and densities. The specific residential districts and their purposes are as follows: Residential - Agricultural (R -A) District. Provides areas for single- family residential and light farming uses. Single - Family Residential (R -1) District. This is the City's most restrictive residential zoning district, established to provide for a stable, social neighborhood for single- family residential land uses by limiting occupancy to one family. Restricted Two Family Residential (R -1.5) District. Provides areas for single- family and two family residential land uses with the total gross floor area of all buildings limited to a maximum floor area ratio of 1.5 times the buildable area. Two Family Residential (R -2) District. Provides areas for single - family and two family residential land uses. 261/0667510059 512369.01 .07/06/04 -3- Multifamily Residential (MFR) District. Provides areas for single - family, two - family, and multiple family residential land uses. SECTION 5. Section 20.10.020 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.10.020 Residential Districts: Land Use Regulations. The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in residential districts, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in residential districts. 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. The letters RA designates use classifications for which a Federal Exception Permit must first be obtained pursuant to Chapter 20.91. 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. Residential Districts: Land Use Regulations P = Permitted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) FEP = Federal Exception Permit = Not Permitted R -A R -1 R -1.5 R -2 MFR Regulations RESIDENTIAL F F (A), (B), (C) Day-care, Limited i I' ......................... _q�, I�. I' . I'..._......._ Group Residential r. —F -� Residential Carc, L,imitcd P P P IP Residential Care, General —F --- Fi - I PP FI ?P iT, Single_familyResidential 1' I "IP, (U), (E) (M) Multifamily Residential I P (D) Two-Family Residential F__F_';I' P ` P • (U) 261/066751 -0059 512369.01 a07/06/04 -4- PUBLIC AND SEMI- PUBLICIF�' _. _ Cemeteries Clubs and Lodges L -2 L -2 I. -2 L -2 Convalescent Facilities ' Day -Care, General .........._ ..........._ ................... — UP UP UI' j UP Govemment Offices --- UP UP UI' UP Ilospdals F UP UP UP UI' Park and Recreation Facilities : UP UP ;l"` UP !'ublic Safety Pacilitles UP UI' UP UP UPS —' ' Religious Assembly JUP _' UI' UP IUP i Schools, Public and Private 1UP ,up UP UP FUP Utilities, Major UP UP UP UP UP Utilities, Minor I' 1' ; I'� COMMERCIAL USES I(A), (B), (C) Horticulture, Limited F Nurseries.. IP ._._. �- 7. _ IVehicle/Equipinent Sales and Services - Commercial Parking Facility F__ 1. -3 1: 3 [: 3 L -3 Visitor Accommodations r -Bed and Breakfast Inns -SRO Residential I Iotels ��F- � UP ,JAGRICULTURAL AND i EXTRACTIVE USES Animal husbandry ..._..._...... ___........ _ ........ F�— . _._. F -F .: . ..._ ............. _........ _.... i Crop Production _.. _ �'.F_[ �J Mining and Processing : L 4 I. 4 L 4 L 4 �� I A H ( ) ACCESSORY USISS -� -�^ (A), (B), (C) Accessory Structures and Uses P/[JI' I' /UI' I'/UP P/UP (I) TEMPORARY USES �� — (A), (11), (C) Circuses and Carnivals Ir I' :F P P (K) 261/066751 -0059 512369,01 a07/06/04 -5- Commercial Filming, Limited [P rP 1' P ;1 P (K) Personal Property Sales P'- 1' I ;IP P I(L) i Heliports, Temporary L-5 L-5 (J) Real Estate Offices, Temporary (L_5 [ -5 L -5 1. -5 I► 5 'I(B) I Residential Districts: Additional Laud Use Regulations L -1: Twenty (20) acres minimum. L -2: Limited to yacht clubs, use permit required. L -3: Public or no fee private lots for automobiles may be permitted in any residential district adjacent to any commercial or industrial district subject to the securing of a use permit in each case. L-4: See Chapter 20.8 1, Oil Wells. L -5: Subject to the approval of the Planning Director. (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. (D): With the exception of uses in the R -1 Zone, any dwelling unit otherwise permitted by this Code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of I . A business license pursuant to Chapter 5.04 of the Municipal Code. 2. A transient occupancy registration certificate pursuant to Section 3.16.060 of the Municipal Code. 3. A short term lodging permit pursuant to Chapter 5.95 of the Municipal Code. (E): See Chapter 20.85, Accessory Dwelling Units. (F): See Section 20.60.110, Bed and Breakfast Inns. (G): Keeping of Animals in the R -A District. The following regulations shall apply to the keeping of animals in the R -A District: 1. Large Animals. The keeping of large animals (as defined in Section 20.03.030) shall be subject to the following regulations: a. Horses. One horse may be kept for each ten thousand (10,000) square feet of lot area, up to a maximum of three horses; provided, the horse or horses are kept for recreational purposes only. The keeping of four or more horses for recreational uses shall require a use permit issued by the Planning Director. The keeping of horses for commercial purposes shall require a use permit issued by the Planning Commission. b. Other Large Animals. Other large animals, including goats, sheep, pigs and cows, may be kept on lots of fifteen thousand (15,000) square feet or more and the number shall not exceed two adult animals of any one species. C. Total Number Permitted. The total number of large animals shall not exceed six. Offspring are exempt until such time as they are weaned. 2. Domestic and Exotic Animals. The number of domestic and exotic animals (as defined in Section 20.03.030) shall not exceed six. Offspring are exempt up to the age of three months. The keeping of four or more dogs over the age of three months shall require a kemiel license pursuant to Section 7.04.090 of the Municipal Code. The keeping of wild animals shall require a permit pursuant to Chapter 7.08 of the Municipal Code. 3. Small Animals. The number of small animals, other than domestic and exotic animals (as defined in Section 20.03.030), shall not exceed six. Offspring are exempt up to the age of three months. 4. Control. 261/066751 -0059 512369.01 a07/06/04 -6- a. Domestic Animals. No such animals, except for cats, shall be permitted to run at large, but shall be confined, at all times within a suitable enclosure or otherwise under the control of the owner of the property. b. Other Animals. No animal, other than domestic animals, shall be permitted to run at large, but shall be confined, at all times within a suitable enclosure. (H): See Chapter 20.8 1, Oil Wells. (I): See Section 20.60.100, Home Occupations in Residential Districts. (J): See Section 20.60.055, Heliports and Helistops. (K): Special event permit required, see Chapter 5.10 of the Municipal Code. (L): See Section 20.60.120, Personal Property Sales in Residential Districts. (M): See Section 20.60.125, Design Standards for Mobile Homes on Individual Lots. SECTION 6. Section 20.91.015 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.91.015 Use Permit, Variance, or Federal Exception Permit Requisite to Other Permits. No building permit or certificate of occupancy shall be issued in any case where a use permit, variance, or Federal Exception Permit is required by the terns of this code unless and until such use pen-nit, variance or Federal Exception Permit has been granted by the Planning Director or the Planning Commission or by the affirmative vote of the City Council on appeal or review and then only in accordance with the terns and conditions of the use permit, variance or Federal Exception Permit granted. SECTION 7. Section 20.91.020 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.91.020 Application for Use Permit, Variance, or Federal Exception Permit. 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. SECTION 8. Section 20.91.025 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.91.025 Duties of the Planning Director and the Planning Commission. A. Authority. The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits, variances and Federal Exception Permits, unless the authority for 261/066751 -0059 512369.01 a07/06/04 -7- an administrative decision on a use permit is specifically assigned to the Planning Director in the individual chapters of this code. 1 Exception. The City Council shall have final decision - making authority on the applications for use permits, variances and Federal Exception Permits filed concurrently with amendments to the general plan, zoning code, or a planned community development plan or with a development agreement. B. Rendering of Decision. After the conclusion of the hearing on any application for a use permit, variance or Federal Exception Permit, the Planning Commission shall render a decision within thirty -five (35) days. Where the authority for an administrative decision on a use permit is assigned to the Planning Director, the Planning Director shall render a decision within fourteen (14) days of the acceptance of a completed application. C. Report to the Planning Commission. Upon rendering a decision on a use permit, the Planning Director shall report to the Planning Commission at the next regular meeting or within fourteen (14) days of the decision, whichever is appropriate. D. Notice of Decision. Upon the rendering of a decision on a use pennit by the Planning Director, a notice of the decision shall be mailed to the applicant and all owners of property within three hundred (300) feet of the boundaries of the site. SECTION 9. Section 20.91.030 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.91.030 Notice and Public Hearing. A. Public Hearings. The Planning Commission shall hold a public hearing on an application for a use permit, variance, or Federal Exception Permit . Public hearings are not required for applications where the authority for an administrative decision on a use permit is assigned to the Planning Director. B. Timing of Hearings. A public hearing shall be held on all use permit, variance, and Federal Exception Permit applications, except as otherwise provided in this chapter, within sixty (60) days after the acceptance of a completed application. The Planning Commission Direetefshall have the ability to review an application for a reasonable Federal Exception Permit regardless of whether this code specifically provides for such a reason -able °eeeffi edatiefiFederal Exception Permit when otherwise required by state or federal law. 261/066751 -0059 512369.01 a07/06/04 -8- C. Required Notice. Notice of a public hearing or an administrative decision shall be given as follows: 1. Mailed or Delivered Notice. a. Residential Districts. At least ten days prior to the hearing or an administrative decision, notice shall be mailed to the applicant and all owners of property within three hundred (300) feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. b. Nonresidential Districts. At least ten days prior to the hearing or an administrative decision, notice shall be mailed to the applicant and all owners of property within three hundred (300) feet, excluding intervening rights -of -way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. 2. Posted Notice. Notice shall be posted in not less than two conspicuous places on or close to the property at least ten days prior to the hearing or the administrative decision. 3. Published Notice. Notice shall be published in at least one newspaper of general circulation within the City, at least ten days prior to the hearing. D. Contents of Notice. The notice of public hearing or of the decision of the Planning Director shall contain: 1. A description of the location of the project site and the purpose of the application; 2. A statement of the time, place, and purpose of the public hearing or of the purpose of the administrative decision; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard at the planning hearing and an explanation of their rights of appeal in the case of an administrative decision. 2611066751 -0059 512369.01 a07 106 /04 -9- E. Continuance. Upon the date set for a public hearing before the Planning Commission, the Planning Commission may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. SECTION 10. Section 20.91.035 of the Newport Beach Municipal Code is hereby amended by adding a new subsection C relating to Federal Exception Permits. 20.91.035 Required Findings. The Planning Commission or the Planning Director, as the case may be, shall approve or conditionally approve an application for a use permit, variance, or Federal Exception Permit if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission or the Planning Director finds: A. For Use Permits. 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located; 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the general plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city; 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. B. For Variances. 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; 2. The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant; 2611066751 -0059 512369.01 a07/06/04 -10- 3. The granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district; 4. The granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. C. For Federal Exception Permits 2. The Federal Exception Permit sought is handicapped- related. 2. The applicant has demonstrated that the living group residing in the Dwelling functions as a Single Housekeeping Unit as evidenced by factors including, but not limited to a lack of transiencey among its members. For the purposes of Federal Exception Permits in other than the R -1 Zone, a lack of transiencey shall mean the household does not change more than 50% of its members in any given calendar year. 3. The Federal Exception Permit neither requires a fundamental alteration in the nature of a program affected by the Federal Exception Permit nor imposes an undue financial or administrative burden on the City which creates an undue hardship on the City. To the extent authorized by law, the factors the Planning Commission, or the City Council on review or appeal may consider the following in deciding whether to grant a Federal Exception Permit include, but are not necessarily limited to: (i) whether vehicular traffic congestion in the neighborhood would be increased to an extent that would be contrary to, or violate, any relevant provision of the Newport Beach Municipal Code if the Federal Exception Permit was approved; Z A "Federal Exception Permit' is the name of the permit and application process necessary 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 application for a Federal Exception Permit shall be approved unless the evidence in the administrative record establishes one of the findings for denial. 261/066751 -0059 512369.01 a07/06/04 (ii) whether the nature 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 (iii) 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 (iv) whether a Campus would be established in a residential zone if the Federal Exception Pennit were granted; SECTION 11. Section 20.91.040 of the Newport Beach Municipal Code is hereby amended by adding a new subsection C relating to Federal Exception Pennits. 20.91.040 Conditions of Approval. The Planning Commission or the Planning Director, as the case may be, may impose such conditions in connection with the granting of a use permit, variance, or Federal Exception Permit as they deem necessary to secure the purposes of this code and may require guarantees and evidence that such conditions are being or will be complied with. Such conditions may include requirements for off - street parking facilities as determined in each case. SECTION 12. Section 20.91.045 of the Newport Beach Municipal Code is hereby amended by adding a new subsection C relating to Federal Exception Permits. 20.91.045 Effective Date. Use permits, variances, and Federal Exception Pennits shall not become effective for fourteen (14) days after being granted, and in the event an appeal is filed or if the Planning Commission or the City Council shall exercise its right to review any such decision under the provisions of Chapter 20.95, the permit shall not become effective unless and until a decision granting the use permit, variance or Federal Exception Permit is made by the Planning Commission or the City Council. SECTION 13. Section 20.91.050 of the Newport Beach Municipal Code is hereby amended by adding a new subsection C. relating to Federal Exception Pennits. 20.91.050 Expiration, Time Extension, Violation, Discontinuance, and Revocation. A. Expiration. Any use permit, variance, or Federal Exception Permit granted in accordance with the terns of this code shall expire 261/066751 -0059 512369.01 a07/06/04 -12- within twenty -four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless: 1. A grading permit has been issued and grading has been substantially completed; or 2. A building permit has been issued and construction has commenced; or 3. A certificate of occupancy has been issued; or 4. The use is established; or 5. A time extension has been granted. In cases where a coastal permit is required, the time period shall not begin until the effective date of approval of the coastal permit. B. Time Extension. The Planning Director may grant a time extension for a use permit, variance, or Federal Exception Permit for a period or periods not to exceed three years. An application for a time extension shall be made in writing to the Planning Director no less than thirty (30) days or more than ninety (90) days prior to the expiration date. C. Violation of Terms. Any use permit, variance, or Federal Exception Permit granted in accordance with the terms of this code may be revoked if any of the conditions or terms of such use permit, variance or Federal Exception Permit are violated, or if any law or ordinance is violated in connection therewith. D. Discontinuance. A use permit, variance, or Federal Exception Permit shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96, Enforcement. SECTION 14. Section 20.91.055 of the Newport Beach Municipal Code is hereby amended relating to Federal Exception Permits. 20.91.055 Amendments and New Applications. A. Amendments. A request for changes in conditions of approval of a use permit, variance, or Federal Exception Permit or a change to plans that would affect a condition of approval shall be treated as a new application. The Planning Director may waive the requirement 261/066751-0059 512369.01 a07/06/04 -13- for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval. B. New Applications. If an application for a use permit, variance, or Federal Exception Pen-nit is disapproved, no new application for the same, or substantially the same, use permit, variance or Federal Exception Permit shall be filed within one year of the date of denial of the initial application unless the denial is made without prejudice. 26PO66751-0059 512369.01 a07 /06 /04 -14- MEMORANDUM TO: Bob Burnham, City Attorney, City of Newport Beach FROM: Jeffrey A. Goldfarb DATE: July 6, 2004 FILE NO.: 066751-0059 RE: Nearby Cities' Mechanism for Regulating Sober Living Environments You have asked that we review the mechanism that adjoining cities use for the regulation of sober living facilities. We have reviewed the Municipal codes for the Cities of Costa Mesa, Irvine and Laguna Beach. Below is a discussion of each city's regulatory approach. I. City of Irvine The City of Irvine defines a sober living facility "as any house, institution, hotel or similar place that provides room and board, or rooms only, and operates as a drug and alcohol free residential facility." (Irvine Zoning Ord. § I -2 -1.) Irvine permits sober living facilities in all residential zones with the exception of the "estate density residential zone" (one house per acre) without regard to the number of persons the facility serves and without regard to whether the residents are living together as a single housekeeping unit. (Irvine Municipal Code § 3 -3 -1.) Irvine also includes regulates a category of uses entitled "Residential Care facilities," (Irvine Zoning Ord. § I -2 -1.) which are defined as "any family home, group care facility or similar facility providing 24 -hour non - medical services, supervisions or assistance essential for sustaining the activities of daily living. Residential Care facilities includes shelters, board and care facilities, half way houses, wards of the juvenal court and the like and excludes Sober living facilities." (Id.) The Irvine Zoning Ordinance allows Residential Care facilities in all residential zones with a Conditional Use Permit. (Irvine Municipal Code § 3 -3 -1.) Because Residential Care facilities expressly exclude all "Sober Living Facilities," the Irvine Zoning Ordinance would allow all drug and alcohol free group living facilities, in every residential zoned as a matter of right without regard to number of residents. II. City of Costa Mesa Costa Mesa includes sober living facilities within the definition of residential care facilities (which are state licensed facilities), and residential service facilities (which are not state licensed facilities). Residential Care and Service facilities serving 6 or fewer are permitted in all of the city's residential zones. (Costa Mesa Municipal Code § 13 -30.) Residential Care and Service facilities serving 7 or more are prohibited in the City's R -I zone, and conditionally permitted in all other residential zones of the City. (Costa Mesa Municipal Code § 13 -30.) The City Code also contains a special category of Residential Care and Service facilities referred to 261/066751 -0059 507735.01 a06/16/04 EXHIBIT B Bob Burnham, City Attorney, City of Newport Beach July 6, 2004 Page 2 as a "Referral Facility." A Referral Facility is a Residential Care or Residential Service facility where one or more of the person's residency in the facility is pursuant to a court order or directive from an agency in the criminal justice system. The category does not, however, include state license facilities containing 6 or fewer persons. Referral Facilities are prohibited in the City's R -1 zone and permitted by conditional use permit in all of the City's other residential zones. (Costa Mesa Municipal Code § 13 -30.) III. City of Laguna Beach The City of Laguna Beach does not expressly regulate sober living homes, residential treatment facilities or other group homes. The city does, however, limit residency to "families," defined as "an individual or two or more persons related by flood, marriage or adoption, living together or a group of not more than six persons (excluding servants) not all of whom are related by blood, marriage or adoption but all of them are living together as a single housekeeping unit within a dwelling so that all persons within the unit maintain free access to all living spaces within the dwelling. (Laguna Beach Municipal Code § 25.08.012.) Under state law, all residential care facilities and alcohol rehabilitation facilities serving 6 or fewer persons would therefore be permitted in all the City's residential zones. It is unclear how the City regulates residential care facilities, group homes or alcohol recovery facilities serving 7 or more. 261/066751 -0059 507735.01 a06116104 TO:MAYOR AND MEMBERS OF THE CITY COUNCIL - Agenda Item No. 19 CITY OF NEWPORT BEACH July 13,2004 FROM: HOMEOWNERS AND OTHER STAKEHOLDERS b PRESERVE USES OF GENERAL PLAN AND INTEGRITY OF RESIDENTIAL COMMUNITIES, if r Represented by Oberman,Orozco et al. and their legal counsel I SUBJECT: ZONING AMENDMENT RE. DRUG RECOVERY FACILITIES We have reviewed the Notes and Recommendations to the City Council from the Planning Commission and office of the City attorney. In addition to citizen review, We,at our own expense,retained expert legal counsel to research and provide a position which would both support the City `s General Plan and land uses and related community interests,and provide required accommodations under State and Federal law,as applicable. Written recommendations were provided to the City attorney's office and the Planning Commission in that regard. Their review and research,and opinion as to decisional and case law,is different than that of the City attorney and his special counsel. Specifically: - Zoning or General Plan provisions which support community infrastructure,health and safety, and use compatability represent " legitiate governmental interest" under the law; -Case law(of which there is very little) relating specifically to Drug Rehab /recovery facilities of 7 beds or greater,and those associated with those facilities /ie. All of those subject to state license due to superivison requirements ,size or other criteria states that a City can take action to prevent Camp uses,defined as 2 or more facilities using common facilities or supervision for any purposes; AND ; -Local governmental through its Plan and Zoning Ordinances can,through business license and permitting requirements,impose management of uses which are Nonconforming or deemed incompatible with character of community.This includes drug rehab facilities with customers requiring supervision of any size,and facilities of 7 beds or greater. -The City's "legitimate governmental interest" is to protect the integrity of the community. Our position is that the proposed Amendments do not support,and in fact damage,the residents of the subject community,the Balboa Penninsula ,residential zones for the following reasons: 1.The Penninsula is,by inherent character,a dense area where various Residential uses literally exist side by side and in pervasive and close proximity to one another.Therefore,the proposal to allow in certain Residential areas without review or conditional use permitting practically results in one or multiple facilities being right on top of Residential zones comprised of long -term residents . 2.The condition above,requires that in order to preserve the community's interest,the conditional use permitting process needs to be applied to use proposals which are potentially non - conforming and incompatible with existing use. In order to be able to manage such uses,the City needs to require registration of such businesses through its business licensing process(as do all other cities),without regard to tax status(hospitals obtain business licenses ). We therefore object to the Amendments as recommended and propose that: 1. The City not allow drug rehab facilities with supervision requirements and those of 7 beds or greater in any Residential zone which does not include material mixed commercial /industrial /retail use. 2. The City require ALL facilities subject to business controls(as with any other business) to obtain business licenses as registration to operate within the City; AND; 3.That the City characterize all facilities not protected as those without supervision and 6 or under beds /occupants with proposed locations in Residential neighborhoods be characterized as non - conforming uses,and be subject to the normal public notice and review and conditional use approval and permitting process. COSTA MESA ,IRVINE,ORANGE,and many others do this already ...why won't Newport Beach? 4.The Impacted area is,in reality,much greater than the proposed distance-We would propose that anything within a 1000 yard radius would create impact. 5.The City conduct an audit to identify and verify the status of facilities on the Balboa Penninsula: 1 -2 facilities could potentially be acceptable. Certainly 11 or more large facilities represents an Over - concentration which stresses infrastructure,and puts undue burden on local residents. At the City attorney's request(and at our personal expense),our attorneys prepared and submitted in writing recommended protocols for the City Planning Commission and Council which it is of the opinion would provide both use management and legal compliance. We urge the Council to review these recommendations and act upon them prior to finalizing any decision. We have made every good faith effort to assist the City with making a sound policy decision We advise the City that it has a fiduciary obligation to protect the interest of the MEMBERS OF THE COMMUNITY,INCLUDING ITS RESIDENTS FROM DAMAGE AND LONG -TERM ADVERSE IMPACT. THANK YOU FOR YOUR CONSIDERATION. Cc: D.Cottriel- Pillsbury Winthrop LLP -13- ,3N X19 LAW OFFICES OF FACSIMILE DANIEL C. CARLTON (949)757-0707 (949) 752 -2141 2600 MICHELSON DRIVE, SUITE 1120 IRVINE, CALIFORNIA 92612 Legal Assistant Heather Dorris July 12, 2004 HAND DELIVERED City Council City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Re: July 13, 2004 Hearing Agenda Item 19 Proposed Zoning Amendment/Recovery Facilities City of Newport Beach Planning Commission Staff Report, dated July 13, 2004, in re Agenda Item No. 19 Dear Mayor Ridgeway and City Council Members: This will confirm that this office represents Narconon Southern California. Our client received on July 9, 2004 a copy of the latest Planning Commission Staff Report summary with recommendation regarding the proposed zoning amendments for recovery facilities for the Hearing scheduled for July 13, 2004 as Agenda Item No. 19 with Exhibits A (the proposed ordinance amendment) and Exhibit B (Memorandum dated July 6, 2004), A copy is attached for your review. Although we have not had the opportunity to study the proposed amendments, a cursory review raises the following issues of concern: 1. We note that the newly coined term "federal exception permit" does not exist under state and federal laws. It appears that the use of this term is an attempt to circumvent applicable laws. 2. The amendment attempts to create a new category of definitions, delineating the difference between Residential Care, General and Multi- Family Residential. The amendment attempts to place additional burdens on an applicant for Residential Care, General under MFR. Once again, to the extent that these proposed changes discriminate against recovery facilities, they are oppressive and burdensome and in violation of state and federal laws. 3. In order to obtain a reasonable accommodation, apparently an Applicant must prove that there is a lack of transiency among its members. This is defined in City Council City of Newport July 12, 2004 Page 2 section 10 of the Newport Beach Municipal Code 20.91.035c.2 as "a lack of transiency has meant that the household does not change more than 50% of its members in any calendar year." We question how this can be justified in light of state and federal laws regarding discriminatory practices against recovery facilities. Is the City going to apply this definition also to residential rental properties? 4. The Amendment requires a finding that traffic congestion or the nature of vehicular traffic would not be altered to violate any municipal code. We understand that a hotel is being proposed on the peninsula. It seems obvious that a recovery facility would generate far less traffic and congestion (and transients) than would a hotel. Will the same standards apply? 5. State and federal laws are quite clear that the City must provide reasonable accommodations to recovery facilities in order to avoid discrimination. As long as the final ordinance is in line with state and federal laws, our client will support it. Thank you for your consideration in addressing these issues. Respectfully, DANIEL C. CARLTON DCC:td cc: Jon Stearman, DLA Narconcon Southern California (via facsimile) Robert Burnham, Newport Beach City Attorney (via facsimile) Jeffrey A. Goldfarb, Special Counsel to City of Newport Beach (via facsimile) CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 19 July 13, 2004 TO: MAYOR & MEMBERS OF THE CITY COUNCIL FROM: Robert Burnham, City Attorney 644 - 3131, rburnhamCa2citv.newaort- beach.ca.us SUBJECT: Zoning Amendment/Recovery Facilities ISSUE: Should the City Council introduce, and pass to second reading and adoption, amendments to the Zoning Code (Exhibit A) that are intended to preserve the character of residential neighborhoods in a manner consistent with State and Federal statutory/decisional law related to the regulation of recovery facilities? RECOMMENDATION: Staff recommends that the City Council introduce and pass to second reading the proposed amendments to the Zoning Code. BACKGROUND: On February 24. 2004, the City Council initiated amendments to the Zoning Code "pertaining to recovery facilities in residential districts." On May 20, 2004, the Planning Commission conducted a noticed public hearing relative to proposed amendments to various provisions of the Zoning Code. The Planning Commission held a second hearing on June 17, 2004. The Planning Commission (4 ayes, 2 nays and one absent) voted to approve the Exhibit A with the understanding that the definition of campus be revised to specify three or more structures located within a radius of 300 yards. For purposes of this memo, we are using the term "recovery facilities" to mean dwelling units that house persons who are "abstinent in recovery" or who suffer from a disorder or other condition that would constitute a "handicap" under Federal or State law. Based on research conducted to date, special counsel and staff believe the following is an accurate summary of the statutory and decisional law that is most relevant to the regulation of recovery facilities: 1. State law requires the City to treat State - licensed drug or alcohol treatment facilities serving six or fewer occupants as single family residential uses. State law also preempts local ordinances imposing special building, fire safety, fee or permit requirements on State - licensed drug or alcohol treatment facilities serving six or fewer occupants. According to State law, the number of occupants does not include the State licensee, members of the licensee's family, or persons employed at the facility. 2. The Fair Housing Act Amendments of 1988 (FHAA) prevents the City's from adopting or enforcing zoning ordinances that impact recovery facilities for handicapped individuals differently than non - handicapped residential uses in the same zone unless the City: (a) can prove the ordinance is necessary to further a legitimate governmental interest; and (b) reasonably accommodates handicapped individuals /uses by waiving enforcement unless we can prove that a waiver would impose an undue burden on the City and undermine the basic purpose of the ordinance. 3. The FHAA and related case law prohibits the City from, among other things, establishing a "one person per bedroom room" requirement for recovery facilities, imposing distance requirements between recovery facilities, and or preventing "for - profit" entities from establishing or operating recovery facilities. 4. The provisions of State law relative to the treatment of State - licensed recovery facilities serving six or fewer occupants and the provisions of the FHAA that prohibit discrimination combine to prevent the City from treating unlicensed recovery facilities differently than State - licensed recovery facilities. PLANNING COMMISSION MEETING OF MAY 20. 2004 At the Planning Commission meeting on May 20th, staff and special counsel presented the proposed Zoning Code amendments that were drafted in an effort to preserve the unique character of our diverse residential neighborhood in a manner consistent with State and Federal statutory and decisional law. The amendments presented on May 20, 2004 can be summarized as follows: 1. Various definitions — including "single family dwelling" and "family' — were modified and the term "single housekeeping unit" has been added. (20.03.030) 2. Certain "Residential Use Classifications" were modified to more closely conform to law and the term "Residential Care, General" was added. (20.05.030) 3. A "Reasonable Accommodation" process was added to provide a mechanism for persons to request, and for the City to evaluate and approve when appropriate, a "Reasonable Accommodation." (Section 20.91.020) 4. The matrix of permitted land uses in Residential Districts was been modified to pen-nit "Residential Care, Limited" (recovery facilities with six or fewer occupants per dwelling unit) in all Districts. The matrix was also modified to prohibit Residential Care, General" in R -1 and R -A zones (20.10.020) and require a "Reasonable Accommodation" for "Residential Care, General" (recovery facilities with seven or more occupants per dwelling unit) uses in all other residential zones. During the public hearing on May 20th, members of the Planning Commission and the public commented on, and asked staff and special counsel to evaluate, a number of issues. The issues included: (a) why special counsel and staff were proposing amendments that allow recovery facilities with seven or more occupants per dwelling unit in the R4.5 and R -2 zones with a reasonable accommodation; (b) the extent of the City's ability to consider parcel size as a factor in the zones in which recovery facilities are located and/or the reasonable accommodation determination; (c) the factors — including impact on the neighborhood - the City could or should consider in granting a reasonable accommodation; (d) the extent of the City's ability to adopt and apply special parking standards to recovery facilities; (e) whether the Planning Director or the Planning Commission should make the initial determination on a reasonable accommodation; (e) the City's ability, if any, to establish limits on the number of recovery facilities in a particular neighborhood or geographic area; and (f) the manner in which neighboring communities are dealing with recovery facilities. PLANNING COMMISSION MEETING OF JUNE 17 2004 On June 17, 2004, staff and special counsel presented the Planning Commission with a revised ordinance that responded, where possible, to issues raised during the May 20th meeting. The major changes to the ordinance presented on May 20"' were: (a) the addition of a definition of campus to mean three or more buildings being used together for a common purpose where one of the buildings provides a service for the users of aA buildings; (b) the addition of a "Federal Exception Permit" (FEP) requirement for recovery facilities in R -1.5, R -2 and MFR zones and delineation of some of the factors that the Planning Commission could consider in deciding whether to grant or deny an FEP; and (c) designating the Planning Commission — rather than the Planning Director - as the initial decision maker on an application for an FEP. DISCUSSION The proposed ordinance (Exhibit A) conforms to the recommendation of the Planning Commission represents what staff and special counsel believe is the most appropriate vehicle to reconcile State and Federal restrictions on our ability to regulate recovery facilities with the desire of the City Council to preserve the unique character of different residential neighborhoods. Newport Beach is home to residential areas — such as the R -1.5 and R -2 zones near the beach and bay - that have a relatively high percentage of renters and a sizeable number of dwelling units that are offered as vacation rentals during the summer and to college students during the winter. These R -1.5 and R -2 zones are characterized by relatively small lots and, based on anecdotal evidence, relatively high densities. For these reasons, the proposed ordinance prohibits recovery facilities in R -1 zones (or the equivalent) and requires recovery facilities serving 7 or more occupants in the R 1 -5 and R -2 zones to obtain a Federal Exception Permit. Members of the Planning Commission and those who testified at the two public hearings suggested various amendments that would establish special development standards for recovery facilities. Staff and special counsel are aware of no hard evidence to support a finding that recovery facilities — other than situations involving a "campus" - have a greater impact on parking than other residential uses. However, we have evidence that suggests the concentration of recovery facilities in an area can increase the volume of traffic and the number of large commercial vehicles entering and leaving the area — so we have incorporated those considerations into the Federal Exception Permit process. We have previously offered the opinion, based on legal research, that the City does not have the authority to regulate the number of recovery facilities in a given area or require that recovery facilities be separated by a specific distance. Finally, special counsel has prepared a matrix of the recovery facility regulations adopted by neighboring jurisdictions (Exhibit B). The proposed ordinance — which would amend provisions of the Zoning Code — does not address issues related to licenses that recovery facilities might be required to obtain under other provisions of the Municipal Code or the application of other provisions that regulate the conduct of people or require permits of certain land uses. This office and special counsel will be reviewing those issues separately and will provide the City Council with an analysis sometime in the near future. The proposed amendments are exempt from CEQA pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines. Su itted by: /Robert Burnham, City Attorney DRAFT ORDINANCE NO. _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING SECTIONS 20.03.030, 20.05.030, 20.05.040, 20.10.010 20.10.020 and Chapter 20.91 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ALL CATEGORIES OF GROUP LIVING WHEREAS, the City has adopted regulations on different types of group living arrangements at various times throughout the City's history; and WHEREAS, the existing regulations on group living are confusing and in need of refinement; and WHEREAS, in light of the Fair Housing Act Amendments, 42 U.S.C. § 3601, et seq. (the "Act "), the City desires to codify its process for providing Federal Exception Permits when appropriate under the Act; NOW, THEREFORE, the City Council of the City of Newport Beach hereby ordains as follows: SECTION 1. The following definitions contained in Section 20.03.030 of the Newport Beach Municipal Code are hereby amended to read as follows: "Campus" means three or more buildings in a residential zone within a 300 yard radius of one another that are used together for a common purpose where one or more of the buildings provides a service for the occupants of all the buildings such as when one building serves as a kitchen/food service area for the occupants of the other buildings. "Dwelling, multifamily" means a building containing three or more dwelling units, each of which is for occupancy by one family. "Dwelling, single - family" means a building containing one dwelling unit for occupancy by one family. "Dwelling, two family" means a building containing two dwelling units, each of which is for occupancy by a one family. "Family" means one or more persons living as a Single Housekeeping Unit. The term "Family" shall include residential care, limited facilities for six or fewer mentally disabled, mentally 261/066751 -0059 512369.01 a07/06iO4 EXHIBIT � disordered or otherwise handicapped persons, but no other living group not living together as a single housekeeping unit. "Single Housekeeping Unit" means the functional equivalent of a traditional family, whose members are a non - transient, interactive group of persons jointly occupying a single dwelling unit, including the joint use of common areas and sharing household activities and responsibilities such as meals, chores, and expenses. SECTION 2. The following definitions contained in Section 20.05.030 of the Newport Beach Municipal Code are hereby amended to read in their entirety as follows: "Day -Care, Limited" means non - residential, non - medical care and supervision of twelve (12) or fewer persons on a less than twenty -four hour basis. This classification includes, but is not limited to nursery schools, preschools, and day -care centers for children (large and small family day -care homes) and adults. "Group residential" means shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, dormitories, fraternities, sororities, and private residential clubs, but excludes Residential Care - Limited, Residential Care - General, and residential hotels (see Single -Room Occupancy (SRO) Residential Hotels, Section 20.05.050(EE)(4)). "Residential Care - Limited" means shared living quarters without separate kitchen or bathroom facilities for each room or unit for six or fewer persons with physical or mental impairments which substantially limit one or more of such person's major life activities. This classification also 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. "Residential Care, General" means shared living quarters without separate kitchen or bathroom facilities for each room or unit for seven or more persons with physical or mental impairments which substantially limit one or more of such person's major life activities. 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. 2611066751.0059 512769.01 a07106/04 -2- "Single- Family Residential" means buildings containing one dwelling unit located on a single lot for occupancy by one family. This classification includes mobile home and factory built housing. "Two- Family Residential" means buildings containing two dwelling units located on a single lot, each unit limited to occupancy by a single family. This classification includes mobile home and factory built housing. SECTION 3. The definition of "Residential Care, General" contained in Section 20.05.040 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: "Residential Care, General" means shared living quarters without separate kitchen or bathroom facilities for each room or unit for seven or more persons with physical or mental impairments which substantially limit one or more of such person's major life activities. 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 4. Subsection H of Section 20.10.010 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: H. Provide public services and facilities to accommodate planned population and densities. The specific residential districts and their purposes are as follows: Residential - Agricultural (R -A) District. Provides areas for single - family residential and light farming uses. Single - Family Residential (R -1) District. This is the City's most restrictive residential zoning district, established to provide for a stable, social neighborhood for single - family residential land uses by limiting occupancy to one family. Restricted Two Family Residential (R -1.5) District. Provides Totalfor sin family and t, family residential land uses with fh total gros3�oor area of albuildings limited to a maximum floor area ratio of 1.5 times the buildable area. Two�Family Residential (R -2) District. Provides areas for single - family and two family residential land uses. 2611066751.0059 512369.01 &07/06/04 -3- Multifamily Residential (MFR) District. Provides areas for single - family, two - family, and multiple family residential land uses. SECTION 5. Section 20.10.020 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.10.020 Residential Districts: Land Use Regulations. The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in residential districts, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in residential districts. 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. The letters RA designates use classifications for which a Federal Exception Permit must first be obtained pursuant to Chapter 20.91. 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. Residential Districts: Land Use Regulations P = Permitted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) FEP = Federal Exception Permit = Not Permitted j R -A RR -1 R -1.5 RR -2 MFR Additional - - -.... - .- ._......... - -- - _...... Regulations - °-- RESIDENTIAL - Day -Care, Limited- il`_..11`___ -- IRes �--- dential CareaLimited - - - - -- -- - - - -- ... _ Residential Care, Genera( ;� _ ', FEp I FEP FEP I Single - family Residential 'Ir. iP _--iii? -- - lip (p), (E) (M) Multifamily Residential1I_ -_ Ip (p) Two-Family Residential P (D) -._... 26U066151 -0059 512769.01 .01106/04 -4- MLIC AND SEMI-PUI3lLkC:!1____ emeteries --- Clubs and Lodges -2— Fi: Convalescent Facilities Day-Care, General IF_ ]Government Offices F . i I Hospitals ;JPark anq Recreation Facilities Public Safety Facilities Religious Assembly l— Schools, Public and Private jUtilities, Major FGE 1UP - �Fup --- -- -f jUtilities, Minor JCOMMERCIAL USES ;F__ ;F7777F__ __F lHorticWWT, Umited ! _ Nurseries !rDl F f F- !F. jF-__ 7F. hi cle /Equipment Sales and ..vices I 7Com.mercial Parking Facility L -3 _—','rL-37 L-3 JL-3 f IVisitor Accommodations F-7 F T-T... F _____,.F I -Bed ..and -Breakfast .Inns .- Fu_ F( . ...... .. .. F -SRO Residential Hotels ---7..F7_ F F F__ -..F ------ AGRICULTURAL AND J EXTRACTIVE USE (A), (B), (C) Animal husbandry PD/ (G) Production JACCESSORY USES Accessory Structures and Uses T7_1 ITEMPORARY USES cuses and Carnivals FP-Fp--,Fp-,Fp-, FP 261;066751-0059 512369.01 a07/06/04 -5- :ommercial Filming, Limited iIP P 113 1I P I p _ ersonal Property Sales P P Pte- Pte- P Estate Offices, Residential Districts: Additional Land Use Regulations L -1: Twenty (20) acres minimum. L -2: Limited to yacht clubs, use permit required. L -3: Public or no fee private lots for automobiles may be permitted in any residential district adjacent to any commercial or industrial district subject to the securing of a use permit in each case. L-4: See Chapter 20.8 1, Oil Wells. L -5: Subject to the approval of the Planning Director. (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. . (D): With the exception of uses in the R -1 Zone, any dwelling unit otherwise permitted by this Code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of: 1. A business license pursuant to Chapter 5.04 of the Municipal Code. 2. A transient occupancy registration certificate pursuant to Section 3.16.060 of the Municipal Code. 3. A short term lodging permit pursuant to Chapter 5.95 of the Municipal Code. (E): See Chapter 20.85, Accessory Dwelling Units. (F): See Sectiou 20.60.110, Bed and Breakfast Inns. (G): Keeping of Animals in the R -A District. The following regulations shall apply to the keeping of animals in the R -A District: 1. Large Animals. The keeping of large animals (as defined in Section 20.03.030) shall be subject to the following regulations: a. Horses. One horse may be kept for each ten thousand (10,000) square feet of lot area, up to a maximum of three horses; provided, the horse or horses are kept for recreational purposes only. The keeping of four or more horses for recreational uses sliall require a use permit issued by the Planning Director. The keeping of horses for commercial purposes shall require a use permit issued by the Planning Commission. b. Other Large Animals. Other large animals, including goats, sheep, pigs and cows, may be kept on lots of fifteen thousand (15,000) square feet or more and the number shall not exceed two adult animals of any one species. C. Total Number Permitted. The total number of large animals shall not exceed six. Offspring are exempt until such time as they are weaned. 2. Domestic and Exotic Animals. The number of domestic and exotic animals (as defined in Section 20.03.030) shall not exceed six. Offspring are exempt up to the age of three months. The keeping of four or more dogs over the age of three months shall require a kennel license pursuant to Section 7.04.090 of the Municipal Code. The keeping of wild animals shall require a permit pursuant to Chapter 7.08 of the Municipal Code. 3. Small Animals. The number of small animals, other than domestic and exotic animals (as defined in Section 20.03.030), shall not exceed six. Offspring are exempt up to the age of three months. 4. Control. 261/066151 -0059 512369.01 a01/06/04 -6- a. Domestic Animals. No such animals, except for cats, shall be permitted to un at large, but shall be confined, at all times within a suitable enclosure or otherwise under the control of the owner of the property. b. Other Animals. No animal, other than domestic animals, shall be permitted to run at large, but shall be confined, at all times within a suitable enclosure. (H): See Chapter 20.8 1, Oil Wells. (I): See Section 20.60.100, Home Occupations in Residential Districts. (J): See Section 20.60.055, Heliports and Helistops. (K): Special event permit required, see Chapter 5.10 of the Municipal Code. (L): See Section 20.60.120, Personal Property Sales in Residential Districts. (M): See Section 20.60.125, Design Standards for Mobile Homes on Individual Lots. SECTION 6. Section 20.91.015 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.91.015 Use Permit, Variance, or Federal Exception Permit Requisite to Other Permits. No building permit or certificate of occupancy shall be issued in any case where a use permit, variance, or Federal Exception Permit is required by the terms of this code unless and until such use permit, variance or Federal Exception Permit has been granted by the Planning Director or the Planning Commission or by the affirmative vote of the City Council on appeal or review and then only in accordance with the terms and conditions of the use permit, variance or Federal Exception Permit granted. SECTION 7. Section 20.91.020 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.91.020 Application for Use Permit, Variance, or Federal Exception Permit. 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. SECTION S. Section 20.91.025 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.91.025 Duties of the Planning Director and the Planning Commission. A. Authority. The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits, variances and Federal Exception Permits, unless the authority for 26M66751-0059 512369.01 01106,N -7- an administrative decision on a use permit is specifically assigned to the Planning Director in the individual chapters of this code. 1 Exception. The City Council shall have final decision - making authority on the applications for use permits, variances and Federal Exception Permits filed concurrently with amendments to the general plan, zoning code, or a planned community development plan or with a development agreement. B. Rendering of Decision. After the conclusion of the hearing on any application for a use permit, variance or Federal Exception Permit, the Planning Commission shall render a decision within thirty -five (35) days. Where the authority for an administrative decision on a use permit is assigned to the Planning Director, the Planning Director shall render a decision within fourteen (14) days of the acceptance of a completed application. C. Report to the Planning Commission. Upon rendering a decision on a use permit, the Planning Director shall report to the Planning Commission at the next regular meeting or within fourteen (14) days of the decision, whichever is appropriate. D. Notice of Decision. Upon the rendering of a decision on a use permit by the Planning Director, a notice of the decision shall be mailed to the applicant and all owners of property within three hundred (300) feet of the boundaries of the site. SECTION 9. Section 20.91.030 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.91.030 Notice and Public Ilearing. A. Public Hearings. The Planning Commission shall bold a public hearing on an application for a use permit, variance, or Federal Exception Permit . Public hearings are not required for applications where the authority for an administrative decision on a use permit is assigned to the Planning Director. B. Timing of Hearings. A public hearing shall be held on all use permit, variance, and Federal Exception Permit applications, except as otherwise provided in this chapter, within sixty (60) days after the acceptance of a completed application. The Planning Commission DkeeteFShall have the ability to review an application for a Federal Exception Permit regardless of whether this code specifically provides for such a feasenable alprommedatie iFederal Exertion Permit when otherwise required by state or federal law. 2611066751 -0059 512369.01 a07106104 -8- C. Required Notice. Notice of a public hearing or an administrative decision shall be given as follows: 1. Mailed or Delivered Notice. a. Residential Districts. At least ten days prior to the hearing or an administrative decision, notice shall be mailed to the applicant and all owners of property within three hundred (300) feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. b. Nonresidential Districts. At least ten days prior to the hearing or an administrative decision, notice shall be mailed to the applicant and all owners of property within three hundred (300) feet, excluding intervening rights -of -way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. 2. Posted Notice. Notice shall be posted in not less than two conspicuous places on or close to the property at least ten days prior to the hearing or the administrative decision. 3. Published Notice. Notice shall be published in at least one newspaper of general circulation within the City, at least ten days prior to the hearing. D. Contents of Notice. The notice of public hearing or of the decision of the Planning Director shall contain: 1. A description of the location of the project site and the purpose of the application; 2. A statement of the time, place, and purpose of the public hearing or of the purpose of the administrative decision; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard at the planning hearing and an explanation of their rights of appeal in the case of an administrative decision. 26M6751-0059 512369.01 a01/06iO4 -9- E. Continuance. Upon the date set for a public hearing before the Planning Commission, the Planning Commission may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. SECTION 10. Section 20.91.035 of the Newport Beach Municipal Code is hereby amended by adding a new subsection C relating to Federal Exception Permits. 20.91.035 Required Findings. The Planning Commission or the Planning Director, as the case maybe, shall approve or conditionally approve an application for a use permit, variance, or Federal Exception Permit if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission or the Planning Director finds: A. For Use Permits. I. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located; 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the general plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city; 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. B. For Variances. I. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; 2. The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant; 261/066751 -0059 512169.01 07106/04 -10- 3. The granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district; 4. The granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. C. For Federal Exception Permits2. The Federal Exception Permit sought is handicapped- related. 2. The applicant has demonstrated that the living group residing in the Dwelling functions as a Single Housekeeping Unit as evidenced by factors including, but not limited to a lack of transiencey among its members. For the purposes of Federal Exception Permits in other than the R -I Zone, a lack of transiencey shall mean the household does not change more than 50% of its members in any given calendar year. 3. The Federal Exception Permit neither requires a fundamental alteration in the nature of a program affected by the Federal Exception Permit nor imposes an undue financial or administrative burden on the City which creates an undue hardship on the City. To the extent authorized by law, the factors the Planning Commission, or the City Council on review or appeal may consider the following in deciding whether to grant a Federal Exception Permit include, but are not necessarily limited to: (i) whether vehicular traffic congestion in the neighborhood would be increased to an extent that would be contrary to, or violate, any relevant provision of the Newport Beach Municipal Code if the Federal Exception Permit was approved; 2 A "Federal Exception Permit" is the name of the permit and application process necessary to obtain a "reasonable accommodation' as that tern is used in the Federal Fair Housing Act Amendments (FHAA) and the case law implementing the FHAA. The application for a Federal Exception Permit shall be approved unless the evidence in the administrative record establishes one of the findings for denial. 2611066751 -0059 512769.01 a0M6104 (ii) whether the nature 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 (iii) 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 (iv) whether a Campus would be established in a residential zone if the Federal Exception Permit were granted; SECTION 11. Section 20.91.040 of the Newport Beach Municipal Code is hereby amended by adding a new subsection C relating to Federal Exception Permits. 20.91.040 Conditions of Approval. The Planning Commission or the Planning Director, as the case maybe, may impose such conditions in connection with the granting of a use permit, variance, or Federal Exception Permit as they deem necessary to secure the purposes of this code and may require guarantees and evidence that such conditions are being or will be complied with. Such conditions may include requirements for off - street parking facilities as determined in each case. SECTION 12. Section 20.91.045 of the Newport Beach Municipal Code is hereby amended by adding a new subsection C relating to Federal Exception Permits. 20.91.045 Effective Date. Use permits, variances, and Federal Exception Permits shall not become effective for fourteen (14) days after being granted, and in the event an appeal is filed or if the Planning Commission or the City Council shall exercise its right to review any such decision under the provisions of Chapter 20.95, the permit shall not become effective unless and until a decision granting the use permit, variance or Federal Exception Pennit is made by the Planning Commission or the City Council. SECTION 13. Section 20.91.050 of the Newport Beach Municipal Code is hereby amended by adding a new subsection C. relating to Federal Exception Permits. 20.91.050 Expiration, Time Extension, Violation, Discontinuance, and Revocation. A. Expiration. Any use permit, variance, or Federal Exception Permit granted in accordance with the terms of this code shall expire 261106675IM59 512369.01 a01/06/04 -12- within twenty -four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless: 1. A grading permit has been issued and grading has been substantially completed; or 2. A building permit has been issued and construction has commenced; or 3. A certificate of occupancy has been issued; or 4. The use is established; or 5. A time extension has been granted. In cases where a coastal permit is required, the time period shall not begin until the effective date of approval of the coastal permit. B. Time Extension. The Planning Director may grant a time extension for a use permit, variance, or Federal Exception Permit for a period or periods not to exceed three years. An application for a time extension shall be made in writing to the Planning Director no less than thirty (30) days or more than ninety (90) days prior to the expiration date. C. Violation of Terns. Any use permit, variance, or Federal Exception Permit granted in accordance with the terns of this code may be revoked if any of the conditions or terns of such use permit, variance or Federal Exception Permit are violated, or if any law or ordinance is violated in connection therewith. D. Discontinuance. A use permit, variance, or Federal Exception Permit shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96, Enforcement. SECTION 14. Section 20.91.055 of the Newport Beach Municipal Code is hereby amended relating to Federal Exception Permits. 20.91.055 Amendments and New Applications. A. Amendments. A request for changes in conditions of approval of a use permit, variance, or Federal Exception Permit or a change to plans that would affect a condition of approval shall be treated as a new application. The Planning Director may waive the requirement 261/066751 -0059 512369.01 a07 /06N0 -13- for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval. B. New Applications. If an application for a use permit, variance, or Federal Exception Permit is disapproved, no new application for the same, or substantially the same, use permit, variance or Federal Exception Permit shall be filed within one year of the date of denial of the initial application unless the denial is made without prejudice. 26110667510059 512369.0107/06/04 -14- Bob Burnham, City Attorney, City of Newport Beach July 6, 2004 Page 2 as a "Referral Facility." A Referral Facility is a Residential Care or Residential Service facility where one or more of the person's residency in the facility is pursuant to a court order or directive from an agency in the criminal justice system. The category does not, however, include state license facilities containing 6 or fewer persons. Referral Facilities are prohibited in the City's R -I zone and permitted by conditional use permit in all of the City's other residential zones. (Costa Mesa Municipal Code § 13 -30.) III. City of Laguna Beach The City of Laguna Beach does not expressly regulate sober living homes, residential treatment facilities or other group homes. The city does, however, limit residency to "families," defined as "an individual or two or more persons related by flood, marriage or adoption, living together or a group of not more than six persons (excluding servants) not all of whom are related by blood, marriage or adoption but all of them are living together as a single housekeeping unit within a dwelling so that all persons within the unit maintain free access to all living spaces within the dwelling. (Laguna Beach Municipal Code § 25.08.012.) Under state law, all residential care facilities and alcohol rehabilitation facilities serving 6 or fewer persons would therefore be permitted in all the City's residential zones. It is unclear how the City regulates residential care facilities, group homes or alcohol recovery facilities serving 7 or more. 261/066751-0059 507735.01 a06/16/04 MEMORANDUM TO: Bob Burnham, City Attorney, City of Newport Beach FROM: Jeffrey A. Goldfarb DATE: July 6, 2004 FILE NO.: 066751 -0059 RE: Nearby Cities' Mechanism for Regulating Sober Living Environments You have asked that we review the mechanism that adjoining cities use for the regulation of sober living facilities. We have reviewed the Municipal codes for the Cities of Costa Mesa, Irvine and Laguna Beach. Below is a discussion of each city's regulatory approach. I. City of Irvine The City of Irvine defines a sober living facility "as any house, institution, hotel or similar place that provides room and board, or rooms only, and operates as a drug and alcohol free residential facility." (Irvine Zoning Ord. § 1 -2 -1.) Irvine permits sober living facilities in all residential zones with the exception of the "estate density residential zone" (one house per acre) without regard to the number of persons the facility serves and without regard to whether the residents are living together as a single housekeeping unit. (Irvine Municipal Code § 3 -3 -1.) Irvine also includes regulates a category of uses entitled "Residential Care facilities," (Irvine Zoning Ord. § 1 -2 -1.) which are defined as "any family home, group care facility or similar facility providing 24 -hour non - medical services, supervisions or assistance essential for sustaining the activities of daily living. Residential Care facilities includes shelters, board and care facilities, half way houses, wards of the juvenal court and the like and excludes Sober living facilities." (Id.) The Irvine Zoning Ordinance allows Residential Care facilities in all residential zones with a Conditional Use Permit. (Irvine Municipal Code § 3 -3 -1.) Because Residential Care facilities expressly exclude all "Sober Living Facilities," the Irvine Zoning Ordinance would allow all drug and alcohol free group living facilities, in every residential zoned as a matter of right without regard to number of residents. lI. City of Costa Mesa Costa Mesa includes sober living facilities within the definition of residential care facilities (which are state licensed facilities), and residential service facilities (which are not state licensed facilities). Residential Care and Service facilities serving 6 or fewer are permitted in all of the city's residential zones. (Costa Mesa Municipal Code § 13 -30.) Residential Care and Service facilities serving 7 or more are prohibited in the City's R -I zone, and conditionally permitted in all other residential zones of the City. (Costa Mesa Municipal Code § 13 -30.) The City Code also contains a special category of Residential Care and Service facilities referred to 261/066751 -0059 507775.01 a06/16/04 VVUTDTrP i NOTICE OF PUBLIC HEARING Group Homes in Residential Zones Code Amendment No. 2004 -005 (PA2004 -102) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding a proposed amendment to the Title 20 of the Municipal Code regarding group homes in residential zones. The proposed amendment will establish new definitions applicable to group homes and amends where and how group homes may operate within residential zones. Specifically, the amendment will create a procedure where reasonable accommodation can be made to allow group homes of 7 or more persons in the R -1.5, R -2 and MFR zones citywide. Additionally, the amendment will prohibit group homes of 7 or more persons from the R -1 and R -A zones citywide. NOTICE IS HEREBY FURTHER GIVEN that the proposed action is not defined as a project under the California Environmental Quality Act (CEQA) because it involves general policy and procedure making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on July 13. 2004, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. \D. � rA �;\'k -c- to- LaVonne M. ffarkless, City Clerk City of Newport Beach �0 .jo\ -o�{ (o -0q �- a5 -OLf -0q �, -3z) -0`l NOTICE OF PUBLIC HEARING Group Homes in Residential Zones Code Amendment No. 2004 -005 (PA2004 -102) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding a proposed amendment to the Title 20 of the Municipal Code regarding group homes in residential zones. The proposed amendment will establish new definitions applicable to group homes and amends where and how group homes may operate within residential zones. Specifically, the amendment will create a procedure where reasonable accommodation can be made to allow group homes of 7 or more persons in the R -1.5, R -2 and MFR zones citywide. Additionally, the amendment will prohibit group homes of 7 or more persons from the R -1 and R -A zones citywide. NOTICE IS HEREBY FURTHER GIVEN that the proposed action is not defined as a project under the California Environmental Quality Act (CEQA) because it involves general policy and procedure making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on July 13, 2004, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. LaVonne M. Harkless, City Clerk City of Newport Beach Balboa Island Board and Care Cameo Homes Newport Beach Plaza 300 Apolena 1411 Mariners Drive 1455 Superior Ave. Newport Beach, California 92662 Newport Beach, California 92660 Newport Beach, California 92663 Pat Moore Foundation 1216 Balboa Blvd., W. Newport Beach, California 92663 Solutions by the Sea 1601 Balboa Blvd., W. Newport Beach, California 92663 Crown Cove Senior Care Comm. 3901 E. Coast Hwy. Newport Beach, California 92625 South Coast Children's Society 745 Dover Dr. Newport Beach, California 92663 Avalon at Newport — East 4000 Hilaria Way Newport Beach, California 92663 Avalon at Newport 393 Hospital Rd. Newport Beach, California 92663 Heathers — Kent, The 1615 Kent Lane Newport Beach, California 92660 Cameo Homes 2512 Lighthouse Lane Newport Beach, California 92625 Discovery House 620 Marguerite Newport Beach, California 92625 Gregory's Care Residence 227 Milford Drive Newport Beach, California 92625 Narcanon Southern California 1810 W. Oceanfront Newport Beach, California 92663 Relapse Prevention Program 471 Old Newport Rd. Newport Beach, California 92663 Coastal Family Therapy Services 1000 Quail Street, Suite 220 Newport Beach, California 92660 Ziai - Nosrat, Roya 10 Riez Newport Beach, California 92657 Balboa Island Board and Care 324 Ruby Balboa, California 92662 Sober Living by the Sea, Inc. 4500 -4504 Seashore Drive Newport Beach, California 92663 Sober Living by the Sea, Inc. 4800 Seashore Drive, Units A & B Newport Beach, California 92663 St. Andres Presbyterian Church 600 St. Andrews Rd. Newport Beach, CA 92663 Ocean Recovery dba Solutions by the Sea 3419 Via Lido Newport Beach, California 92663 Dr. Linda Orozco 1805 W. Balboa Blvd. Newport Beach, California 92663 Dave C. Johnson 33460 Megan Ct. Lake Ellsinore, California 92530- 2402 Creative Covers William G. Cooper 1234 Balboa Blvd. E. #F Newport Beach, California 92661 Coastal Recovery Living 427 East 17th Street, Suite 351 Costa Mesa, California 92627 Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29. 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: July 3, 2004 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 3, 2004 at Costa Mesa, California. Signature NOME OFPUBUCHEARRIG or m persons in the R -1.ore 5, R -2 and MFR MS Of" HA 111 zones citywide. Addi- ReAdmuZ011ES tionally, the amendment will prohibit group co&k dmntk homes of 7 or more 2ON405VA20WIq persons from the R -1 NOTICE IS HEREBY and R -A zones citywide. GIVEN that the City NOTICE IS HEREBY F Council of the City of URTHER GIVEN that the proposed action is Newport Beach will hold not defined as a project a public hearing re- Environmental the California amendg a proposed Environmental Quality amendment the Title pct (CEQA) because it 20 of the Municipal Code homes involves general policy in reside group homes and procedure making in residential zones. The activities not associated oa will establish amendment with a project or e will establish new tleto physical change a the group applicable to environment (Section group homes and 15378 of the CEQA amends where and how Guidelines). group homes may OP- NOTICE IS HEREBY erate within residential FURTHER GIVEN that zones. Specifically, the mid public hearing will amendment will create be held on July 13, 2004, a procedure where at the hour of 7:00 p.m. reasonable accommo. in the Council Chambers dation can be made to p{ the NewDOrt' Beach allow grou0 homes of 7 City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If You challenge this project in court, you may be Jim ited to raising only those issues you or someone else raised at the public hearing described in this notice or in written corre- spondence delivered to the City at, or prior to, the Public hearing. For information call (949) 644 -3200. LoVonae M. Harkless, City Clerk City of Newport Beach / P u b lis had Newport / Beach /Costa Mesa July 3, 2004 Sa675