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HomeMy WebLinkAbout2006-25 - Approving an Amendment to Title 20 of the Newport Beach Municipal Code Relating to Group Residential Facilities (Code Amendments No. 2006-005)ORDINANCE NO. 2006-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO GROUP RESIDENTIAL FACILITIES [CODE AMENDMENT NO. 2006-0051 WHEREAS, on September 26, 2006, the City Council initiated amendments to Title 20 of the City of Newport Beach Municipal Code to revise land use regulations for Group Residential Facilities; and WHEREAS, a public hearing was held on October 19, 2006 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the City of Newport Beach has an ongoing code enforcement problem where rooms in dwelling units in single- family zoning districts are rented as individual dwelling units; and . WHEREAS, the rental of single- family dwelling units on a room by room basis to persons not living together as a single housekeeping unit constitutes a land use indicative of multi- family residential or boarding/rooming houses; and WHEREAS, single - family zoning districts are not designed for situations in which significant numbers of adults live in the same dwelling unit, which results in impacts to the infrastructure, the availability of on- street parking, and noise; and WHEREAS, boarding and rooming, houses are not permitted uses in residential zoning districts, but 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; and WHEREAS, the Zoning Code needs to be amended to classify any dwelling unit that is being leased separately to more than two persons as a boarding or rooming house; and WHEREAS, the adoption of these new land use regulations is necessary in order to protect the character of the City of Newport Beach's single - family residential neighborhoods; and WHEREAS, the proposed action is not defined as a project under the Califomia 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). EXHIBIT A 20:03.030 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; under no more than one written or oral rental agreement, 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 districts, a. Single Housekeeping Unit's members shall also be a non - transient group. 20.05.030 (B) Group Residential. "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 as shared living quarters occupied by two or more persons not living together as a Single Housekeeping Unit. This classification includes boarding houses, rooming houses, dormitories, fraternities, sororities, and private residential clubs, but excludes residential hotels (see Single -Room Occupancy (SRO) Residential Hotels, Section 20.05050(EE)(4)). 1. Boarding or Rooming Houses. A residence or dwelling unit, or part thereof, wherein two or, more rooms are rented under two or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. EXHIBIT A CA 2006 -M THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS SECTION 1: Title 20 of the Newport Beach Municipal Code shall be amended as provided in Exhibit A. SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City; and. the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on November 14, 2006, and adopted on the 28th day of November, 2006, by the following vote, to wit: CITY CLERK AYES, COUNCIL MEMBERS Selich, Rosa, Ridgeway, Daigle, Nichols. Mayor Webb NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS curry MAYOR 1►r� �- -� 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 the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2006 -25 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 November 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Noes: None Absent: Curry Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of November 2006. (Seal) C4CdI ! f City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2006 -25 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: December 2, 2006. In witness whereof, I have hereunto subscribed myyn /--name this JF �r � day of�Ct er- 2006. � q d' ® I City Clerk City of Newport Beach, California