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Home My WebLink About04 - PA2006-198 - Group Residential Facilities & Large Family Day Care HomesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 September 26, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 pa Iford(a)city. newport- beach. ca. us SUBJECT: Group Residential Facilities and Large Family Day Care Homes (PA 2006 -198) ISSUE: Should the City Council adopt a resolution of intent to amend Title 20 (Zoning Code) of the Newport Beach Municipal Code to revise land use. classifications and regulations relating to Group Residential facilities and large family day care homes? RECOMMENDATION: Adopt Resolution No. 2006- initiating amendments to Title 20 of the Newport Beach Municipal Code to revise land use classifications and regulations relating to Group Residential facilities and large family day care homes. DISCUSSION: The proposed amendments are needed to address two separate land use issues that have come to staffs attention. The first involves adding a new land use classification for Group Residential facilities to address a code enforcement problem involving rooms in single - family homes that are rented out as apartments. The second would revise land use regulations for day care facilities so that the City may avail itself of the spacing, concentration, and other standards permitted under a State preemption known as California Child Day Care Facilities Act. Group Residential Facilities The City has an ongoing code enforcement problem in neighborhoods zoned for single family dwelling units. Rooms in single family dwellings units are being rented as individual units, thus operating as multi- family dwelling units in single family zones. This practice is impacting the character of these neighborhoods and the availability of off - street parking. Group Residential Facilities /Day Care September 26, 2006 Page 2 Multi - family dwelling units are not permitted in single - family residential zones. However, enforcement is difficult because the types of improvements that constitute a separate or independent living facility' are difficult to observe off -site and can easily be concealed or removed prior to inspection. Therefore, it is difficult to prove that the occupants are living separately or independently from one another and not as a "single housekeeping unit" (i.e., the functional equivalent of a traditional family). The proposed solution is to revise the Group Residential land use classification to include any dwelling unit where rooms are rented under more than one separate written or oral rental agreement, lease or sublease. Group Residential facilities are shared living quarters that lack separate kitchen and bathroom facilities for each room or unit or any other shared living quarters occupied by two or more persons not living together as a "single housekeeping unit." This land use classification includes boarding houses, dormitories, fraternities, sororities, and private residential clubs.2 The intent is to classify any dwelling unit that is being leased separately to more than one person as a Group Residential facility. Group Residential facilities are only permitted in the Government, Educational, and Institutional Facilities (GEIF) District and only When associated with an educational or medical institution. Since this use is not permitted in residential districts, violations can more easily be identified and the use abated. Large Family Day Care Day care facilities supervising twelve (12) or fewer persons are permitted by right in residential, commercial, and institutional zoning districts. Larger facilities require a use permit. The concern is that more than one day care center could be established on abutting Single - Family Residential lots or on a Two - Family or Multifamily Residential lot. Thus, a larger day care facility could be established without the regulatory controls of a use permit. The City's regulation of day care centers reflects the California Child Day Care Facilities Act. This State law prohibits cities and counties from prohibiting "family day care homes" for children on lots zoned for single - family dwellings. This preemption establishes two types of family day care facilities: "small family day care homes for eight (8) children or less and "large family day care homes" for seven (7) to fourteen (14) children. Furthermore, cities and counties are required to either permit large family day care homes ' A "dwelling unit" is defined as any area within a structure on any parcel which: (1) contains separate or independent living facilities for one or more persons, with area or equipment for sleeping, sanitation and food preparation, and which has independent exterior access to ground level; or (2) is being utilized for residential purposes by one or more persons separately or Independently from occupants of other areas within the structure. 2 This classification does not include group homes, sober living environments, and recovery facilities, which are classified as Residential Care facilities and are covered by State and federal anti - discrimination housing laws. Group Residential Facilities /Day Care September 26, 2006 Page 3 by right in residential zones or grant nondiscretionary permits for large family day care homes in single - family zones. Reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control are permitted. The Zoning Code does incorporate all of the distinctions provided for under the State law. Both small and large day care facilities for children are included in the Day Care, Limited land use classification, which includes facilities for children or adults. Furthermore, the Zoning Code contains no regulations regarding spacing and concentration, traffic control, parking, and noise control. The proposed solution is to revise the land use regulations to distinguish day care centers for children and those for adults and establish spacing and concentration standards that are allowed under State law. Other standards that could be considered include those for off - street parking, drop - off /pick -up areas, outdoor activity areas, noise, minimum site area, fencing,,-and noise. Environmental Review: None required for the initiation of amendments. Public Notice: None required for the initiation of amendments. Prepared by: 0 7__�40�p_ Patrick J. Afford Senior Planner Attachments: 1. Draft resolution of intent. Submitted by: Patricia L. Temple Planning Director RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING AMENDMENTS TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE LAND USE REGULATIONS FOR GROUP RESIDENTIAL AND DAY CARE FACILITIES (PA 2006 -198) WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the City Council to adopt a resolution initiating amendments to the Zoning Code of the City of Newport Beach; and WHEREAS, new land use regulations are needed for Group Residential facilities to address code enforcement problems involving rooms in single - family homes that are rented out as apartments; and WHEREAS, new land use regulations are needed for Day Care to avoid potential problems associated with the spacing and concentration of large family day care facilities; and WHEREAS, Title 20 should be amended to correct these problems. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby initiates amendments Title 20 of the Newport Beach Municipal Code to revise the revise land use regulations for Group Residential and Day Care facilities. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on September 26, 2006, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK City of Newport Beach City Council Resolution No. _ Paqe 2 of 2 Attachment 1