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ORDINANCE NO. 2007- 8 <br />AN INTERIM URGENCY ORDINANCE OF THE CITY OF NEWPORT <br />BEACH, CALIFORNIA, MAKING FINDINGS AND ESTABLISHING 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, <br />RESIDENTIAL CARE FACILITIES, GENERAL, AND BED & <br />BREAKFAST INNS, AS WELL AS THE ISSUANCE OF NEW SHORT - <br />TERM LODGING PERMITS IN ALL RESIDENTIAL ZONING DISTRICTS <br />OF THE CITY <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 for the purpose of <br />protecting the public safety, health and welfare, the City Council may adopt, without <br />following the procedures otherwise required prior to the adoption of a zoning ordinance, <br />as an urgency measure, an interim ordinance, by a vote of four - fifths (4/5) majority, <br />prohibiting any uses that may be in conflict with a contemplated general plan, specific <br />plan, or zoning proposal that the legislative body, planning commission or the planning <br />department is considering or studying or intends to study within a reasonable time; 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 operates more like institutional and boarding housing uses <br />than as Single Housekeeping Unit. These uses are concentrated in residential zoning <br />districts R1.5, R -2, and MFR. Uses such as homes for parolees and probationers, group <br />uses, non - residential uses, and other uses are operating as businesses in residentially <br />1 <br />