HomeMy WebLinkAbout2004-16 - Amending Sections of Title 20 of the NBMC Relating to All Categories of Group Living UsesORDINANCE NO. 2004 -16
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 USES
WHEREAS, the City Council finds that the City's Zoning Code provisions regulating all
group living regulations should be amended to ensure conformity with the Federal Fair
Housing Act Amendments ( "FHAA," 42 USC § 3601) and various provisions of State law
including, without limitation, to provide procedures that allow the City to receive,
evaluate and approve applications to accommodate uses protected by State and
Federal law; and
WHEREAS, the City Council finds that the fundamental precept of the City's Zoning
Code provisions relative to residential zones is that individual dwelling units are
intended for the occupancy and use of "families" (now defined as "Single Housekeeping
Units ") and that persons who are not living together as a Single Housekeeping Unit
should be prohibited from residing in the same dwelling unit in all the City's residential
zones; and
WHEREAS , the City Council further finds that when persons are living together as a
single housekeeping unit, they are entitled to live together in a dwelling unit within the
City's residential zones, regardless of whether they are related by blood, marriage or
otherwise; and
WHEREAS, the City has, because of provisions of State and Federal law, made an
exception to the requirement that dwelling units in residential districts be occupied only
by a Single Housekeeping Unit by defining groups of six or fewer persons with physical
or mental impairments that substantially limit one or more of that person's major life
activities who are living together as a Single Housekeeping Unit; and
WHEREAS, the City has obtained the opinion of Dr. Michael Gales, a medical doctor
specializing in recovery from chemical dependency, that the recovery of persons
suffering from drug or alcohol dependency is properly accomplished in residential
groups of between four and six persons, which, under the proposed code amendments,
can locate in any residential zone of the City without the need for any discretionary
permits; and
WHEREAS, the City finds that this ordinance complies with, and implements, the FHAA
by establishing a reasonable accommodation process, initiated by filing an application
for a "Federal Exemption Permit ", that is available to any person who desires to
establish a residential facility serving 7 or more persons with physical or mental
impairments that substantially limit one or more major life activities; and
WHEREAS, the City Council finds that, except for the provisions of this ordinance that
permit or conditionally permit persons with physical or mental impairments that
substantially limit one or more major life activities to live in residential districts as other
than a Single Housekeeping Unit, the City does not desire to permit or conditionally
permit other groups of persons not living together as a Single Housekeeping Unit to
reside together in a single dwelling unit in any of the City's residential zones; and
WHEREAS, during the public hearings preceding adoption of this ordinance, substantial
evidence has been presented that confirms there is a high degree of transiency among
group home residents, that transiency (due to the failure of an occupant to comply with
rules or the successful completion of a program) is an important element of certain
group living arrangement, that group home residents often come from outside of
Newport Beach with the intent to reside here for a very limited period of time and to
leave Newport Beach upon completion of the program or treatment that caused them to
become residents; and
WHEREAS, the City Council finds that persons who occupy dwelling units without the
intent to reside long -term in the community have, on average, less incentive than
persons who intend to make the community their permanent residence to engage in
conduct that contributes to the neighborhood and its residents and to refrain from
conduct that annoys or disturbs neighbors; and
WHEREAS, the City Council has received extensive testimony during the public
hearings preceding adoption of this ordinance and has received evidence on other
occasions that dwelling units with short term or transient occupants, when compared to
occupants of dwelling units who intend to permanently reside at that location, generate
more frequent complaints related to noise, profanity, trash, illegal parking and other
conduct that would disturb a person of ordinary sensitivity; and
WHEREAS, the City Council has adopted an ordinance (Chapter 5.95 of the Newport
Beach Municipal Code) that regulates the conduct of property owners and occupants of
dwelling units that are occupied by short term lodgers to address the problems caused
by this type of occupancy; and
WHEREAS, the City Council finds that, based on testimony received during the public
hearings preceding adoption of this ordinance, individual group residential facilities
within 300 feet of one another have been used to provide services to the occupants of
other similar facilities creating a "campus" effect resulting in the short term
intensification of uses in the neighborhood that is now serving the occupants of the
other dwelling units and resulting in adverse impacts related to noise, traffic and
parking.
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:
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"Campus" means three or more buildings in a residential zone within a 300 foot 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 together as a Single Housekeeping Unit.
The term "Family" shall include "Residential Care - Limited" facilities for six or fewer
mentally disabled, mentally disordered or otherwise handicapped persons regardless of
whether they are living together as a Single Housekeeping Unit, but shall not include
any other living group that is not living together as a Single Housekeeping Unit.
"Single Housekeeping Unit" means the functional equivalent of a traditional family,
whose members are an 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. For purposes of the R -A and R -1
zones, a Single Housekeeping Unit's members shall also be a non - transient group.
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, occupied by more than one person,
which lack separate kitchen and bathroom facilities for each room or unit, as well all
shared living quarters occupied by two or more persons not living together as a Single
Housekeeping Unit. This classification includes boarding houses, dormitories,
fraternities, sororities, and private residential clubs, but excludes 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 and
bathroom facilities for each room or unit) for six or fewer persons with physical or mental
impairments that 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.
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"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 that substantially limit one or more of such person's major life
activities when such persons are not living together as a Single Housekeeping Unit.
This classification includes but is riot 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.
"Single- Family Residential" means a building or buildings containing one dwelling unit
located on a single lot for occupancy by one family. This classification includes mobile
homes and factory built housing.
"Two- Family Residential" means a building or buildings containing two dwelling units
located on a single lot, each unit limited to occupancy by a single family. This
classification includes mobile homes and factory built housing.
SECTION 3. The definition of "Residential Care, General" contained in Section
2105.040 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 that substantially limit one or more of such person's major life
activities when such persons are not living together as a Single Housekeeping Unit.
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 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.
W
Two Family Residential (R -2) District. Provides areas for single - family and two family
residential land uses.
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 FEP designate 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
?(
i
P = Permitted
UP = Use permit
PD /U = Use permit issued by the Planning Director
L = Limited (see Additional Use Regulations)
iFEP
= Federal Exception Permit
I -- -Not Permitted
R�
R -1 IR -1.5
2w
i i
iMFR
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- -
Regulation
liaotnioan
- ---------- _
yRESIDENTIAL
L.
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{ Day -Care Limited ;p_
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Group Residential
- {.I
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Residential Care, Limited
P P
P
'P
IP
,)Residential Care General
IFEP FEP
3L
5mgle family Residential
;P v
, {(D), (E) (M)
jMultifamdy Residential
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(D)
ITwo-Famtl Residential ,i__
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11PUBLIC AND SEMI-PUBLIC
(C)
I Cemeteries iF--
Clubs and Lodges ___J[L�2 —U-2—iL-2--
Convalescent Facilities E UP
:
'Day-Care, Genera F-11--F-u l� -P [up
Government Offices --- 11up u
11 Hospitals
---------- F-U-P [UP _ Lup lup
;[Park and Recreation UP �l UP u P
Facilities
'[Public Safety Facilities 71up--"
Religious Assembly FY
and Private OUP
!L5-chools, Public EU-1up 1up
Utilities — — I u P 1up
, Major y(p. U F UP LP P
Utilities , M Jp
---------- ..... . -1=7=77
– -- ----
-- --- ---------- --
(COMMERCIAL - USES -—_ (
— jl
Horticulture
_. Limited p
Nurseries
17
IlVehicle /Equipment Sales andl
1,Services
(—B), a
-Commercial Parking L-3
;Facility
;Visitor Accommodations '!---
--------- -- ----- - -----
IL-Bed and Breakfast Inns I Jup
§_R_O _ Residential Hotels F--
iup
--- - - ----
R F)
IJAGRICULTURAL AND J(A),
11EXTRACTIVE USES!
Animal husbandry FEW
(B), (C)
jCrop Production
Mining , L -4 EL FL - —4 FL-4
LM
------- ---
E
H
ACCESSORY USES
Accessory Structures and �FP—/u 'P/U Up
Y lP/u IP/up
--
-- ------ -- --- - -
C)
------------- ---------
TEMPORARY USES . .... – -- -- -----
R
II Circuses and Carnivals P
P P P P
(K)
Commercial Filming Limited ;
_P ��.
P P J rP P
_ _. f� -- i -- flc
K)�
Personal Property Sales ^�FP
LP IF _—— 'LP------ `P_�_—
Heliports, Temporary =
L -5
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iL -5
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€Real Estate Offices,
j Temporary
L -5
IL -5 11
L -5 IL-5
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 20.81, 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 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 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.
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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.
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 20.81, Oil Wells.
(1): 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 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 an administrative decision on a use permit is
specifically assigned to the Planning Director in the individual chapters of this
code. 1
ry
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 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.
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
The Planning Commission shall have the authority to initially review and approve or deny an
application for a Federal Exception Permit regardless of whether this code specifically provides
for a Federal Exception Permit under those conditions when otherwise required by state or
federal law.
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.
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
a
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;
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 Perm its2.1.The Federal Exception Permit sought is
hand ica pped- related.
2 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 there is substantial evidence in the administrative
record that establishes that one or more of the findings for approval cannot be made. Federal
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2. The living group is not residing in the Dwelling or Dwellings as a Single
Housekeeping Unit.
3. The Federal Exception Permit, if approved, would not require a
fundamental alteration in the nature of a municipal program nor impose
an undue financial or administrative burden on the City. . To the extent
authorized by law, the factors the Planning Commission or the City
Council on review or appeal may consider in deciding whether to grant a
Federal Exception Permit include, but are not necessarily limited to:
(i) whether the nature and /or extent 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
(ii) 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
(iii) 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 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 and
prohibitions against assembly uses as determined in each case.
The following conditions shall be imposed upon the issuance of any Federal Exemption
Permit:
A. The permittee shall limit overnight occupancy of the Dwelling
Units(s) to no more than the number of occupants permitted by the
provisions of Title 15 of the Newport Beach Municipal Code.
B. The permittee shall use best efforts to ensure that the occupants do not
create unreasonable noise or disturbances, engage in disorderly conduct,
or violate provisions of this Code or any law pertaining to noise, disorderly
conduct, the consumption of alcohol, or the use of illegal drugs.
Exemption Permits are subject to the enforcement provision contained in Chapter 20.96.
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C. The permittee shall, upon notification that occupants and /or guests have
created unreasonable noise or disturbances, engaged in disorderly conduct
or committed violations of this Code or law pertaining to noise, disorderly
conduct, the consumption of alcohol or the use of illegal drugs, promptly
use best efforts to prevent a recurrence of such conduct.
D. The permittee shall use best efforts to ensure compliance with all the
provisions of Title 6 of the Municipal Code (garbage, refuse and cuttings).
E. The permittee shall post, in a conspicuous place within the dwelling unit, a
copy of this permit and /or the operational rules specified in this Section.
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
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 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 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.
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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 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.
SECTION 15. Severability. .
If any provision or clause of this Chapter or the application thereof is held
unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity
shall not affect other provisions, clauses or applications of this Chapter which can be
implemented without the invalid provision, clause or application, it being hereby
expressly hereby declared that this ordinance, and each section, subsection, sentence,
clause, and phrase hereof would have been prepared, proposed, approved, adopted,
and /or ratified irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and /or phrases be declared invalid or unconstitutional.
SECTION 16: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within fifteen (15) days after its adoption.
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This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 10 day of September, 2004, and adopted on the 28"' day of
September, 2004, by the following vote, to -wit:
AYES, COUNCILMEMBERS Heffernan, Rosansky,
Bromberg, Webb, Daigle, Mayor Ridgeway
NOES, COUNCILMEMBERS Nichols
ABSENT, COUNCILMEMBERS
MAYOR
ATTEST:
15
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2004 -16 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th
day of September 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Mayor Ridgeway
Noes: Nichols
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of September 2004.
(Seal)
i
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2004 -16 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: October 2, 2004. / //
In witness whereof, I have hereunto subscribed my name this 11A day of C = fOIJPr-
2004.
City Clerk
City of Newport Beach, California