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ORDINANCE NO. 2007 -16 <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, on May 30, 2007, at a regular meeting of the City Council, the City Council <br />adopted Ordinance No. 2007 -10, an interim urgency ordinance extending the <br />moratorium established by Ordinance No. 2007 -8 for a five (5) month period, except as <br />to the application of the moratorium to short -term lodging uses; and <br />WHEREAS, on June 21, July 19, August 23, and September 20, 2007, the Newport <br />Beach Planning Commission held noticed public hearings on draft ordinances relating to <br />amendments to the Zoning Code, Title 20 of the Municipal Code concerning permitted <br />uses in residential districts including group residential uses. The Planning Commission <br />heard public testimony and reviewed documents submitted from members of the public <br />and their legal representatives. At the conclusion of the hearing on September 20; <br />2007, the Planning Commission recommended approval of an ordinance amendments <br />to the City Council for its review and approval; 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 §65858 provides that after notice pursuant to <br />Government Code §65090 and public hearing, the City Council may extend an interim <br />ordinance adopted pursuant to Government Code §65858 for an initial extension by up <br />to 10 months and 15 days; then for a second extension by up to twelve (12) months; <br />each by a vote of four -fifths (4 /5) majority of the members of the City Council; and <br />