2007-10 - Group Homes Moratorium
2007-10 - Group Homes Moratorium
12/9/2012 4:49:41 PM
12/7/2012 6:45:20 PM
Resolutions and Ordinances
Group Homes Moratorium
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ORDINANCE NO. 2007 -10 <br />AN INTERIM URGENCY ORDINANCE OF THE CITY OF NEWPORT <br />BEACH, CALIFORNIA, MAKING FINDINGS AND EXTENDING A <br />TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND <br />OPERATION OF NEW RESIDENTIAL USES THAT ARE TRANSITORY <br />IN NATURE SUCH AS PAROLEE - PROBATIONER HOMES, SAFE <br />HOUSES, UNLICENSED RESIDENTIAL CARE FACILITIES AND <br />RESIDENTIAL CARE FACILITIES, GENERAL, IN ALL RESIDENTIAL <br />ZONING DISTRICTS OF THE CITY <br />WHEREAS, on April 24, 2007 at a regular meeting of the City Council, the City Council <br />adopted Ordinance No. 2007 -8 an interim urgency ordinance adopting a temporary <br />forty-five (45) day moratorium on the establishment and operation of new group <br />residential uses that are transitory in nature such as parolee - probationer homes, safe <br />houses, unlicensed residential care facilities and residential care facilities, general, in all <br />residential zoning districts of the City; and <br />WHEREAS, Section 200 of the City Charter vests the City Council with the authority to <br />make and enforce all laws, rules and regulations with respect to municipal affairs <br />subject only to the restrictions and limitations contained in the Charter and the <br />Constitution, and the power to exercise, or act pursuant to any and all rights, powers, <br />and privileges, or procedures granted or prescribed by any law of the State of California; <br />and <br />WHEREAS, Government Code Section 65858 provides that after notice pursuant to <br />Government Code Section 65090 and public hearing, the City Council may extend an <br />interim ordinance adopted pursuant to Government Code Section 65858 up to 10 <br />months and 15 days by a vote of four -fifths (4/5) majority of the members of the City <br />Council; and <br />WHEREAS, Section 412 of the City Charter provides for the adoption as an emergency <br />measure an interim ordinance to preserve the public peace, health or safety by a vote of <br />at least five (5) City Council members; and <br />WHEREAS, in 2006 the City of Newport Beach adopted a new General Plan and the <br />voters adopted a new Land Use Plan. The General Plan includes a vision statement <br />that provides a framework or vision for the City. The first vision is to Preserve <br />Community Character and provides that "We have preserved our character as a <br />beautiful, unique residential community with diverse upland and coastal neighborhoods. <br />We value our colorful past, the high quality of life, and our community bonds. The <br />successful balancing of the needs of residents, businesses and visitors has been <br />accomplished with the recognition that Newport Beach is primarily a residential <br />community ;" and <br />WHEREAS, the City has received evidence of increasing numbers of group homes that <br />are transient in nature and operate more like institutional and boarding housing uses <br />1 <br />
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