HomeMy WebLinkAboutgroup and short-term lodgings - CA2007-006 (PA2007-112)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
June 21, 2007
TO: PLANNING COMMISSION
FROM: Planning Department
Patrick J. Alford, Senior Planner
(949) 644 -3235
palford@city.newport-beach.ca.us
SUBJECT: Code Amendment 2007 -006
Group Occupancies and Short-term Lodgings (PA 2007 -112)
ISSUE: t
Should Title 20 (Zoning Code) of the Newport Beach Municipal Code be
amended to revise definitions, land use classifications, and regulations relating to
group occupancies and short-term lodgings?
RECOMMENDATION:
Adopt the attached resolution recommending approval of Code Amendment No.
2007 -005 to the City Council.
Background:
On April 24, 2007, the City Council adopted Ordinance No. 2007 -8, an interim
urgency ordinance that imposed a moratorium on the establishment and operation
of new residential uses that are transitory in nature. Ordinance No. 2007 -8 also
included a moratorium on the issuance of short-term lodging permits. The
moratorium was necessary to prevent the expansion of uses that may be harming
the residential charter of the City's neighborhoods, to provide an opportunity to
compile substantial evidence of the impacts of these uses, and to determine
whether the current regulations adequately addressed these impacts.
On May 22, 2007, the City Council received a written report describing the
measures taken to alleviate the conditions that led to the adoption of the
moratorium. This report included an analysis of the responses to questionnaires
that were distributed to residents to determine the impacts of transitory
Group Occupancies /Short-term Lodgings
June 21, 2007
Page 2
residential and short-term lodging uses. This section of the report is provided as
Attachment A.
On May 30, 2007, the City Council extended the temporary moratorium on the
establishment and operation of transitory residential uses for five (5) months and
allowed the moratorium on the issuance of new short-term lodging permits to
expire on June 8, 2007. The City Council also adopted a resolution initiating this
code amendment.
Current Regulations
Group occupancies are prohibited in all residential districts, with the exception of
Residential Care, Limited (facilities with 6 or fewer persons) and Residential Care,
General (facilities with 7 or more persons). Residential Care, Limited facilities are
permitted by right in residential districts pursuant to a State land use preemption.
Residential Care, General facilities, which are not subject to the State preemption,
are permitted in R -1.5, R -2, and MFR Districts with a "Federal Exception Permit'
(FEP). The FEP is a permit and application process required 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. A memo on the
FHAA and related case law is provided as Attachment B.
Analysis:
The proposed amendment continues the general prohibition of group occupancies
in residential areas, but also continues to permit group occupancy homes for the
disabled in these areas to ensure that disabled persons have an equal opportunity
to live in residential areas. The amendment provides more specific and detailed
definitions of the facilities which are exempt from this group occupancies
prohibition. The proposed amendment also eliminates the federal exception permit
requirement for larger facilities and the regulations that were applicable only to
those facilities, and replaces it with a use permit requirement. A new chapter is
also proposed providing procedures for granting requests for reasonable
accommodations for persons with disabilities, which will permit additional group
residential occupancies for disabled persons in residential zones in certain
instances. A more detailed analysis of the various components of this amendment
is provided below.
Residential Care Facilities
Under the proposed amendment, residential care facilities serving the disabled will
continue to be permitted in residential districts to provide an equal opportunity for
disabled persons to live in residential neighborhoods, as required by State and
federal law. The Residential Care, Limited (6 or fewer persons with disabilities)
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June 21, 2007
Page 3
land use classification will be changed to Residential Care Facilities, Small
Licensed and modified so it includes only State licensed facilities that are required
by State law to be treated as a single housekeeping unit for zoning purposes.
Residential Care Facilities, Small Licensed must be permitted by right in residential
districts pursuant to State law, which requires that licensed facilities serving six (6)
or fewer persons be treated as a single - family use. No zoning requirement may be
applied to these facilities that is not applied to other single - family residences in the
same zoning district. The amendments clarify that if a small licensed facility is part
of an "integral facility" (see below for description of integral facility) that serves
seven (7) or more persons, it is not classified as a Residential Care Facility, Small
Licensed.
Residential Care Facilities, General (7 or more persons with disabilities) will
continue to be permitted in R -1.5, R -2, and MFR zones and their equivalents in
Specific Plan Districts. The current federal exception permit and special
conditions applicable only to these uses will be eliminated and replaced with a
use permit requirement.
Integral Facilities
The proposed amendment adds a new definition of 'Integral Facilities" to the
Zoning Code, which reads as follows:
Integral Facilities. Two or more Residential Care Facilities (Small
Licensed or General) or Group Residential uses, as defined in
Section 20.05.030, which may or may not be on contiguous parcels
of land, that are under the control and management of the same
owner, operator, management company or licensee, including
affiliates of such entities, and are integral components of the same
residential facility, such as by providing housing in one facility and
recovery, treatment, meals or other services in another residential
facility, or by designating one residential facility to provide recovery,
treatment, meals or other services for several residences. Licensed
residential care facilities that are eligible to be licensed as a single
facility under State law are integral facilities, regardless of the number
of licenses actually held.
The new integral facilities definition is intended to address the problem of operators
claiming to operate small residential care facilities, which are permitted by right in
all residential districts, but who in reality are operating larger facilities because of
integrated operations. An example might be a three unit building which houses
what is claimed to be three separate small facilities of six (6) persons each, but in
reality is operated as a large facility serving 18 persons. A related change in
Section 20.010.20 and the Speck Plan Districts also prohibits a facility that
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June 21, 2007
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provides services to residents from offering services to nonresidents. Under the
proposed amendment, the City would be able to monitor and control residential
care facilities with seven (7) or more occupants, including integral facilities, through
the use permit process.
Group Residential
Group Residential uses are land uses that may be transient in nature and operate
more like institutional uses and boarding houses than conventional residential uses.
Group Residential uses include boarding houses, dormitories, fraternities and
sororities, and other groups sharing living quarters. A Group Residential use is
different from a group of unrelated persons living as a family (or a "single
housekeeping unit'). Residents living as a single housekeeping unit (whether
related or unrelated) jointly occupy a single dwelling, have no more than one rental
agreement (if they are leasing the home), jointly use common facilities such as the
kitchen, and share usual household activities such as meal preparation — in other
words, they operate in ways typical of a traditional family. By contrast, persons in
group residential uses do not live together as a single housekeeping unit. In
particular, rooms are rented under two or more separate rental agreements. A
single housekeeping unit (defined as a "family") may reside in any residence in the
City.
Group Residential uses will continue to be prohibited in residential districts. Small
unlicensed group homes for persons with disabilities may be permitted through the
reasonable accommodation process, as explained below.
Parolee /Probationer Homes
The California Department of Corrections has reported that approximately 70
percent of persons on parole will be returned to prison each year because they
have either been convicted of new crimes or have violated the conditions of their
parole. Given this high recidivism and parole violation rate, residences housing two
or more parolees may pose a danger to the safety of the community and adjacent
residents (see Attachment C).
The proposed amendment adds a new land use classification for parolee -
probationer homes, which includes a residential structure that houses two or more
parolee - probationers unrelated by blood, marriage, or legal adoption, in exchange
for monetary or non - monetary consideration and excludes licensed facilities for
disabled persons. These facilities are prohibited in all districts as a group
residential use.
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June 21, 2007
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Convalescent Homes and Hospitals
Convalescent homes and hospitals were deleted from the base residential districts
land use schedule. This provision appears to be a carry over from a time when the
City had no institutional districts. No such uses currently exist in residential
districts in the City and such uses are not appropriate for residential districts.
Mixed -use Districts
The SP -6 (Cannery Village /McFadden Square) District and SP -8 (Central Balboa)
District allow residential uses above the first floor in commercial areas. Any district
that permits residences must also permit Residential Care Facilities, Small
Licensed. Therefore, the proposed amendment revises the land use regulation
schedules for these districts accordingly. Regulations for Vacation Home Rental
and Residential Care, General that are similar to those for residential districts were
also added.
The SP -9 (Old Newport Boulevard) District was not included in the proposed
amendment. Although this is also a mixed -use district, the new Land Use Element
of the General Plan no longer allows residential uses in this area. The Interim
Development Review Process adopted by the City Council will block mixed -use
projects in this area until the new Zoning Code is adopted. Therefore, revisions to
the SP -9 District are not needed.
Planned Community Districts
The City has thirty-one (31) Planned Community (PC) Districts that contain a
residential component. PC Districts are adopted as stand -alone land use and
development ordinances. However, PC District regulations, and any covenants,
conditions, and restrictions adopted by homeowners associations, do not exempt
these areas from federal and State fair housing laws that provide equal opportunity
to housing for individuals with disabilities. Therefore, the proposed amendment
includes a new exception to Section 20.35.030 (B) that provides that Residential
Care Facilities, Small Licensed are permitted if residential uses are otherwise
permitted by the PC development plan.
Residential Care Facilities, General, Group Residential, and Parolee- Probationer
Homes would be permitted uses in existing PC zones only where adopted PC
development plans list them specifically as permitted uses.
Reasonable Accommodation
The proposed amendment adds a reasonable accommodation chapter that is
needed to assist the City in complying with federal and State fair housing laws. The
Group Occupancies /Short-term Lodgings
June 21, 2007
Page 6
new Chapter 20.98 (Exhibit C of Attachment B) sets forth the City's policy to provide
reasonable accommodation in its zoning regulations when needed to provide an
individual with a disability an equal opportunity to use and enjoy a residence or
avoid discrimination on the basis of disability.
The amendment establishes a procedure where requests for reasonable
accommodation may be reviewed in three ways. If the project requires a
discretionary planning approval, the request for reasonable accommodation will
be subject to the same notice, hearing, and appeal procedures as the planning
approval, will be heard with the discretionary planning approval, and may be
approved, conditionally approved, or denied by the entity that is considering the
other discretionary permit.
For most other projects, the request for reasonable accommodation may be
approved, conditionally approved or denied by the Zoning Administrator. In order to
balance the privacy and equal opportunity rights of persons with disabilities with the
due process rights of neighbors to receive notice, the reasonable accommodation
process for these projects provides for limited notice of a reasonable
accommodation determination to the abutting property owners (including those
across the street and/or alley) only after the initial decision is made. The applicant,
the abutting neighbors or a member of the Planning Commission may then appeal
the initial decision to grant or deny a reasonable accommodation, and a hearing will
be held.
The proposed reasonable accommodation provision treats requests for reasonable
accommodation for group homes for people with disabilities serving six (6) or fewer
people differently. For these smaller group homes, the Zoning Administrator may
take ministerial action to approve a reasonable accommodation if certain specified
standards are met. These standards are intended to allow the Zoning Administrator
to disapprove small unlicensed homes that are operating illegally (for example,
operating without a license where a license would be required) or as part of larger
integral facilities. Where the legitimate homes are approved by the Zoning
Administrator as a ministerial action, no notice or appeal rights are given to abutting
neighbors. However, in order to assure the Zoning Administrator applies the
standards correctly, a member of the Planning Commission may appeal a
ministerial approval if such member asserts that the Zoning Administrator made a
clear error in application of the standards. These provisions were developed in
recognition of case law that has consistently struck down procedures which expose
persons with disabilities to potentially- abusive hearing processes that are not
required for other, comparable residential uses for persons without disabilities.
These procedures and standards are intended to provide reasonable
accommodation for people with disabilities in legitimate, properly operated
unlicensed homes and to provide equal protection under the law to persons who
Group Occupancies /Short-term Lodgings
June 21, 2007
Page 7
need to reside in these small unlicensed facilities in order to have equal opportunity
to reside in the City's residential neighborhoods.
The standards will also ensure that all facilities are properly licensed. According to
the Department of Alcohol and Drug Programs (ADP), any facility providing
detoxification; individual, group, or educational sessions; or treatment or recovery
planning, must be State - licensed. ADP recently reported to the State Legislature
(Assembly Analysis of AB 724) that it receives, on average, 125 complaints per
year indicating that unlicensed facilities, including sober living homes, are offering
addiction treatment services.
No Separation Requirements
The proposed amendments do not include separation requirements. Separation
requirements are classified by the courts as facially discriminatory. In the 9th
Circuit, facially discriminatory classifications withstand legal challenge only if the
restriction benefits the disabled or the restriction responds to legitimate safety
concerns raised by the individuals affected, rather than being based on
stereotypes. No studies have been located that indicate that separation
requirements are necessary to benefit persons with disabilities, and consequently
outside counsel concludes that such requirements would violate fair housing laws
and would not withstand legal challenge.
Review of Use Permits/Conditions
The review of use permits for residential care facilities in residential districts will
present new challenges. It is likely that most applications will involve existing
buildings and structures. Therefore, any conditions of approval will most likely
involve controls on activities, which are difficult to monitor and enforce. Moreover,
the City cannot control the behavior of a facility's residents other than through the
laws concerning public conduct (i.e., littering, loud and unreasonable noise, public
intoxication, etc.) that apply to everyone. Conditions of approval will have to
regulate activities associated with the use and not the behavior of individuals. For
example, the use permit could not prohibit smoking by facility residents, but could
prohibit smoking in outside assembly and meeting areas and require clean up of
litter on the site and adjacent areas.
Developing a standard set of conditions may be difficult, given the number of
variables involved. To assist in identifying potential impacts, staff proposes that use
permit applications for residential care facilities include a management plan. The
management plan will need to identify and address the following:
1. Parking. Parking facilities for clients /residents, staff, and visitors.
This shall include facilities for bicycles and other non - motorized
Group Occupancies /Short-term Lodgings
June 21, 2007
Page 8
vehicles. The number, location, and dimensions of parking facilities
shall be identified.
2. Meeting Facilities. Facilities for meetings, group counseling, and
other group assembly. The location and occupational capacity of
meeting facilities shall be identified.
3. Outside Assembly Areas. Areas located outside of a building used
for pre- meeting staging, breaks, and queuing for transportation.
4. Transportation to Off -site Facilities. Methods of transportation and
probable routes to any off -site facilities, including those outside of the
City of Newport Beach.
5. Noise, Second -hand Smoke. and Litter Control. A practical program
for controlling noise, second -hand smoke, litter, spills, and stains on
public and private property resulting from the use of the facility and
adjacent areas.
6. Trash Pick -up. Estimates on the amount of trash generated by the
facility, the size and number of waste containers, and the frequency
of trash pick -up.
7. Zoning Code Compliance. The ability for the use to comply with all
applicable residential zoning district performance standards.
A review of the management plan in association with information on the number of
facility residents and staff and the type of services offered will be used to identify
potential impacts to residential areas and develop appropriate conditions of
approval. Examples of potential conditions are provided below:
1. Van loading functions shall be restricted to a drop -off and pick -up area
approved by the Traffic Engineer based on traffic and pedestrian safety
considerations.
2. No outdoor smoking shall be permitted within 25 feet from the door and
windows of any adjoining residential structure.
3. The applicant shall collect on -site and off -site litter generated by facility
residents, including cigarette butts, within a radius of 300 feet of the site at
least once each day.
The Planning Commission will have to make the findings required by Section
20.91.035 to approve the use permit. These include the finding that the use
Group Occupancies /Short-term Lodgings
June 21, 2007
Page 9
operating under the proposed conditions 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. To comply with federal and State fair housing laws,
however, the City may be required to provide a "reasonable accommodation"
pursuant to the procedure proposed in new Chapter 20.98 to provide an individual
with a disability an equal opportunity to use and enjoy a residence or avoid
discrimination on the basis of disability.
The concept of "integral facilities" also presents new challenges. Determining
whether or not two or more residential care facilities are under single control and
management will be fact - specific. This will require investigations to determine how
these facilities operate. In addition, the use permit will have to address two or more
properties that may not be contiguous. This will make the use permit more difficult
to review, condition, and monitor. There may be numerous amendments to a use
permit as individual properties come under or fall out of the control of the owner or
operator.
Initially, procedures and conditions may have to be addressed on a project by
project basis. However, this could eventually lead to the development of a "tool kit"
of standards that can be applied to future applications.
Over Concentration
City residents have expressed concern about a possible over concentration of
group homes in the City. The City has the highest number of licensed and
unlicensed residential group uses serving the disabled in Orange County.
According to information available from the Department of Alcohol and Drug
Prevention (ADP), as of April, 2007, the City has 2.63 licensed alcohol and drug
treatment beds per 1,000 City residents, the highest ratio of any city in Orange
County. By contrast, the Orange County average is 0.52 licensed beds per 1,000
residents. While the City represents less than 2.8 percent of the County's
population, it has over 14 percent of all licensed residential beds in the County.
Most of these facilities are concentrated in the R -1.5, R -2, and MFR Districts in
West Newport and on the Balboa Peninsula. The concentration of these facilities
may conflict with General Plan Land Use Element policies that call from maintaining
the City's unique character and the City's residential neighborhoods (LU 1.1 and LU
5.1.1). Policy LU 6.2.7 calls for the regulation of residential care facilities to the
maximum extent allowed by federal and state law to minimize impacts on
residential neighborhoods.
In a joint statement on the Fair Housing Act, the Department of Justice and the
Department of Housing and Urban Development have recognized that if a
neighborhood came to be composed largely of group homes, that could adversely
Group Occupancies /Short-term Lodgings
June 21, 2007
Page 10
affect individuals with disabilities and would be inconsistent with the objective of
integrating persons with disabilities into the community. They agree that it is
appropriate to be concerned about the setting for a group home, and that a
consideration of over concentration may be considered in this context. When the
City considers an application for a use permit, it may consider the possibility that
over concentration of these facilities within certain residential neighborhoods may
adversely affect the disabled. If over concentration is inconsistent with the City's
General Plan policies, any request for a reasonable accommodation may also be
reviewed based on whether the accommodation is needed, and whether it would
result in a fundamental alteration of the City's zoning and land use policies.
Amortization of Non - conforming Uses
The proposed amendments do not at this time include new provisions for
amortizing existing uses that do not conform to the changed zoning code. The City
already has broad amortization provisions providing for a uniform five (5) year
amortization period in residential areas when the Planning Commission first makes
a determination that the orderly termination of a nonconforming use is necessary to
promote the health, safety, and general welfare and to comply with the provisions of
the Zoning Code and goals and policies of the General Plan.
Staff is considering a broad revamping of these provisions as a separate action,
after the group home zoning code amendments are considered. Revised
amortization procedures could require non - conforming uses that now require a use
permit to apply for such a permit, and, if denied, the use could then be amortized
over an appropriate period of time for various uses, as determined by economic
studies. The amortization procedures would need to be applied in a non-
discriminatory fashion to non - conforming uses in the City.
Short term Lodging
The proposed amendments include a new residential use classification for Vacation
Home Rental described as a "residence or dwelling unit where the complete
residential unit, including bedroom(s), kitchen and bath(s), is rented or leased to a
person, or group of persons, under a single written or oral rental or lease
agreement for a period of 30 days or less." The Vacation Home Rental Use
Classification is consistent with and recognizes the use of vacation rentals in the R-
1.5, R -2 and MFR Districts and their equivalents in Specific Plan Districts and
continues the required permitting requirements under the existing rules.
Regulations necessary to alleviate any impacts not sufficiently handled by the
existing regulations will be addressed in a separate code amendment amending
provisions of Chapter 5.95 (Short Term Lodging).
Group Occupancies /Short-term Lodgings
June 21, 2007
Page 11
ENVIRONMENTAL REVIEW:
The proposed action is not defined as a project under the California
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).
PUBLIC NOTICE:
Notice of this hearing was published in the Daily Pilot a minimum of 10 days in
advance of this hearing consistent with the Municipal Code. This included an
eighth page advertisement. Additionally, the item appeared upon the agenda for
this meeting, which was posted at City Hall and on the City website.
Prepared by:
Patrick J. Alford
Senior Planner
Attachments:
Submitted by:
I1, ' _
■. . -40 OF
$ ■ -..
A. Analysis of the responses to questionnaires.
B. Fair Housing Considerations Regarding Proposed Zoning Ordinance Amendments.
C. Table 1: Total Felon Parolees Returned to California Prisons.
D. LA Times Article: Parole in California: It's a crime.
E. Draft resolution w /Exhibits A -C.
F. Correspondence.
ATTACHMENT A
Analysis of the responses to questionnaires
THIS PAGE INTENTIONALLY LEFT BLANK
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III. Measures Taken Since the Adoption of the Interim Urgency
Ordinance
A. Questionnaire Distributed by City.
1. Background.
To help Staff determine the impact of group residential and short-term
lodging uses, the City Attorney's Office distributed a questionnaire to residents
residing in the following blocks of the City:
• Location One: The 1100 and 1200 blocks of West Balboa
and West Bay Avenue and 1100 block of West Ocean Front;
• Location Two: The central portions of the 1800 block of West
Ocean Front and West Balboa Blvd;
• Location Three: Portions of the 100 blocks of 381h and one
side of 39th Street; and
• Location Four. The northern portions of Topaz, Agate, and
Opal on Balboa Island.
The four locations were selected because staff determined that the best
way to determine the impacts of the group residential and short-term lodging
uses was to pick specific areas where there is high density of these uses. The
first three locations were selected because they had both high density of
recovery facilities and short-term rentals, and residents there were likely to be in
a good position to offer insight on the relative impacts of the different types of
uses. The Balboa Island location was selected because it has a number of short-
term rentals, but no known recovery facilities. Residents of Balboa Island were in
a position to offer first -hand accounts of the impacts of short-term renters in a
different residential setting.
When residents expressed a desire to have the questionnaire more widely
available, the questionnaire was posted on the City website, additional copies
were made available through City offices, multiple copies were delivered or
distributed to residents, and the deadline for responding to the questionnaire was
extended. Questionnaires, letters, emails and phone calls from residents from
additional streets in West and Central Newport, Newport Heights and'Santa Ana
Heights were sent to the City as well. As of the deadline of 4:00 PM Monday,
May 14, of the nearly 400 questionnaires distributed, 47 were completed and
returned, Although questionnaires were distributed to recovery facilities in
Locations One, Two and Three as well, no response was received from any
recovery facility as of the May 14th deadline.
Both the Planning Department and the City Attorney's Office appreciate
the valuable time the residents took to fill out these lengthy and detailed forms.
The information submitted by residents in this format appears to be fact- based,
4
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and is credible. A large percentage of the questionnaires were returned by
persons who have not communicated with the City on these issues before.
2. Summary of Information Contained In Questionnaires.
Based on the questionnaires, a distinct pattern emerged in locations One,
Two and Three regarding the impact of the group residential uses. Many
licensed and unlicensed recovery facilities in those locations appear to be having
a daily impact on parking and traffic in the area, either from cars and vans
illegally parking in the alleys behind the homes on a daily basis, or from vans and
other vehicles stopping in a traffic lane in the street to pick up residents. Based
on the personal observations of their neighbors, many of these facilities use their
garage spaces for uses other than parking. This appears to result in a dearth of
passenger loading areas, and regular short-term illegal alley parking.
The group residential uses were also regularly reported as producing
substantially more garbage than the surrounding residential uses, because of the
density of the population. One facility is reportedly generating one commercial
dumpster pickup daily, and another generates two commercial dumpsters three
times per week.
Smoking by facility residents of group residential uses was highlighted. In
fact, in one questionnaire a respondent reported that °[The residents] all seem to
smoke ... continually and unrelentingly." Since this particular respondent has
facilities in close proximity on either side of his house, the smoke entering his
house has forced him to leave windows closed that normally would remain open.
This situation, as well as litter caused by cigarette butts regularly thrown on their
property, was reported by most immediate neighbors of recovery facilities
answering the questionnaires. Many not -so- immediate neighbors reported
regular cigarette butt litter attributable to the facilities on their property as well.
In addition, frequent exposure to loud arguments and verbal exchanges
(between residents, and between residents and supervising staff), foul language,
and physical altercations between facility residents was also widely reported by
those living near residential recovery facilities. In most locations, the most
objectionable sustained noise was during the early morning, day and evening
hours. With the exception of periodic medical emergency or police calls
generated by one recovery facility, the majority (but not all) of recovery facilities
were comparatively quiet late at night.
The impacts of overooncentration were not addressed to the questionnaire
because many were already known, but many residents commented on the
problems of overconcentration. One resident in Location One noted that he was
surrounded by recovery facilities on all four sides. A resident in Location Three
noted that there were six recovery facilities in his immediate vicinity, and only five
owner - occupied homes in the 100 block of 39th Street.
Residents responding to questionnaires noted that they had Informed
recovery facility managers regarding these conditions; however, this did not
__ ti�
generally result in long -term improvement of the situation. While most (but not
all) residents who complained to recovery facility staff or management were told
the problem would be addressed, the problem behaviors either continued or were
repeated by new residents after a brief period of improvement.
By contrast, the major complaint against renters of short-term occupancies
was late -night noise. A majority of residents in Locations One and Three who
addressed short-tern rental uses characterized the renters as groups who came
to the beach for a week of partying. Most of these residents also reported that
the short-term rentals of these properties were managed by property
management or real estate agencies. A number of residents reported that calls
to the short-term rentals' property management agencies did not produce any
improvement, and that the property management agencies were unresponsive to
resident complaints. The quality of the property owner or property manager
oversight and responsiveness to neighbor complaints appears to have significant
impact on the impacts short-term rentals have in a neighborhood.
Some residents at Location Two stated that they lived near short-term
rental units that were mainly rented to families, and these residents reported a
reduced intensity of impacts that could be dealt with by direct contact with the
renters. Illegal parking in the alley and late evening parties were reported at
these locations, but ceased when residents drew the renters' attention to the
neighborhood impacts or reported incidents to property managers.
The property owners, property managers and residents In Location Four,
on Balboa Island, reported a completely different situation. Not one of the 12
completed questionnaires received from Balboa Island produced a complaint
about short-term renters.
In general, the summer renters choosing to rent on Balboa Island were
described as having no negative impact on the surrounding neighborhood. More
widespread complaints from Balboa Island were impacts from construction
activity, long -tern parking by passengers of the Catalina Flyer, noise from
commercial party boats in the harbor, and the daily summer pickups and drop -
offs of Junior Lifeguards.
3. Impact by Location.
The following is a more detailed look at the case studies at each location,
and selected quotes from questionnaire respondents in that area:
(1) Location One: the 1100 and 1200 blocks of West Balboa
and West Bay Avenue and 1100 block of West Ocean
Front
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- Ito
RESIDENTIAL RECOVERY FACILITIES
Staff and Services
• Group residential uses appear to have on -site staff as well as staff that
appeared to arrive daily from offsite at the licensed facilities. No staff were
identified in the questionnaires related to unlicensed facilities. One person
noted that "[Group residential staff] are quick to respond (to complaints),
but changes are only temporary ... "
Parking and Traffic
At one location (1216 W. Balboa Blvd.), neighbors reported that illegal
parking in the alley was a daily occurrence, partly due to the fact that the
garage had been converted to other uses. A neighbor who complained to
this facility's management about early moming noise from residents being
loaded into vans in the alley got quick response from the facility's
management The van loading functions were moved to the front of the
facility, on Balboa Blvd. However, other neighbors now report that the
vans periodically block traffic lanes adjacent to the facility while loading
residents on Balboa Blvd.
• The pattern of illegal vehicle parking in the alley was reported at Iwo ather
facilities in the Location One case study area.
Noise
• Gathering outside, talking loudly, yelling, and /or arguing with other
residents or staff, extensive cell phone conversations in the alleys, and
vulgar language. Most respondents from Location One described the
noise level as "high," and either reported that the noise went on day and
night, or that it began at 7:00 AM and tapered off at 11:00 PM.
Trash
Neighbors described the amount of trash generated at all recovery
facilities in Location One as substantially in excess of that generated by
surrounding residential uses. One neighbor reported daily commercial
trash pickup at 1216 West Balboa.
Smoking
• All respondents in Location One reported that residents at every recovery
facility smoked, that cigarette butts were thrown on their property ( "on an
hourly basis," one resident said) and all but two reported that smoke from
the recovery facilities entered their properties.
7
Most residents reported that they and the members of their households
were non- smokers, and found the second -hand smoke very bothersome.
Even the one Location One respondent who stated that a member of his
household smoked objected to the volume of smoke entering his house
from the neighboring recovery facility. A number of neighbors keep their
windows shut as a result.
• One resident found smoldering cigarette butts on his property near the gas
meter which he attributed to residents of the recovery facility next door.
Another reported a fire had occurred at the 1216 West Balboa recovery
facility and expressed concern for the safety of the 29 recovery facility
residents.
Resident Conduct
• Residents objected to vulgar language, inappropriate attention to female
neighbors, and recovery facility residents with apparent unstructured time
wandering unsupervised throughout the immediate neighborhood.
• One neighbor reported being approached by persons still under the
Influence who were seeking a recovery facility. Another reported a late
night ambulance call after a recovery facility resident overdosed.
Crime
• One resident discovered recovery facility residents smoking pot on his
property.
Other
• Another resident reported that when he asked a recovery facility manager
where he was taking a plate of food, the recovery facility manager told him
that one of the former recovery facility clients had relapsed and had been
removed from the recovery facility. Since the former facility client was
from out of the area and had no resources, he was Irving in a Newport
Beach park nearby.
SHORT -TERM OCCUPANCIES
Noise and Resident Conduct
• Respondents at Location One addressing short -term occupancies
described the noise from the vacation rentals near them as worse than the
noise at the recovery facilities, and described the property management
agency managing the property as unresponsive. Vacation rental noise
appeared to offend mainly in the evening and late -night hours.
M
One neighbor noted that, for his property, rental property residents
returning home late at night after area bars closed created more intrusive
late -night disruptions than recovery facilities.
Parking — some issues reported but not described.
Trash - in excess of that produced by surrounding long -term residents.
OTHER COMMERCIAL USES IN NEIGHBORHOOD
Several questionnaire respondents from this area reported that they
worked from home. No complaints have been received by the City about
the impact of the respondents' commercial activities in their residential
neighborhood. Therefore, it is reasonable to assume that these business
activities are being conducted without external Impacts on the surrounding
residential neighborhood, as contemplated by the City's home occupation
ordinance.
(ii.) Location Two: the 1800 block of West Ocean
Front and West Balboa Blvd.
RESIDENTIAL RECOVERY FACILITY
Staff and Services
Staff lives onsite at this recovery facility, and more staff arrives daily,
including an employee who has described herself to neighbors as the
receptionist, and a house manager. The exact number of staff is
unknown. However, neighbors report that large numbers of persons
(status unknown) either are brought to the recovery facility, or return to the
recovery facility, each morning.
Office functions appear extensive, based on resident- reported daily visits
from UPS. Fedex deliveries are reported one to two times daily. A
neighboring resident Interviewed the block's regular mailman, who
reported that this recovery facility received so much mail that he made a
daily separate trip in the morning Just to deliver this facility's mail, and
returned later in the afternoon with the rest of the route's mail deliveries.
• Southern California Produce delivers food two times a week, and Sysco
delivers food to the recovery facility two times a week.
Laundry and linens are taken away from and returned to the recovery
facility by a commercial laundry service.
• Because of shortage of onsite parking (three onsite parking spaces),
delivery and service vehicles park illegally in the alley behind the facility.
E
W
Massage services appear to be provided onsite, and an employee
identified as a cook lives onsite.
Parking and Traffic
Parking and traffic infractions from commercial service pickups and
deliveries are detailed above, and residents emphasized that they
generally at least partially block traffic.
Residents, and/or staff are brought to and from the site more than once a
day in vans. Some vans park onsite, some park illegally in the alley
behind the house on a short -term basis while loading and unloading
individuals. One neighbor reported six vehicles associated with the
recovery facility parking onsite each day. Staff appear to park on adjacent
streets and walk to the recovery facility as well.
Noise
• "Its a din," one resident reported. Residents at least two houses away
from the recovery facility can hear the morning roll call and evening
meetings. Noise begins at 7:30 AM or 8:00 AM and continues until around
10:00 PM.
• During the day, the movement of the recovery facilities occupants up and
down the exterior stairs was described as "constant." During a one -hour
period, a neighbor counted 151 trips made up and down the recovery
facility stairs by its residents.
Residents describe regular Friday night meetings at the recovery facility,
with loud applause, stomping of feet and yelling.
• One next -door neighbor provided photos of the interior of their family's
house, with six -inch soundproofing material installed where windows and
doors adjacent to the recovery facility were located.
Trash
• Waste Management performs commercial trash pickups, removing trash
from two full -sized dumpsters three times a week.
Smoking
• Complaints about smoking from this location have been ongoing for at
least the past four years. The facility has apparently attempted to address
the complaints by not allowing smoking outside on the facilityls premises,
but residents still report daily second -hand smoke and cigarette butts
generated by the recovery facility's residents and staff. Immediately
adjacent neighbors and more distant downwind neighbors report that they
10
1
keep their windows on the recovery facility's side of the building shut, to
minimize intrusions from smoke and noise. Smoking on the beach by
recovery facility residents is also reported.
Resident Conduct
• Neighbors report that the management of this recovery facility appears to
be making an effort to improve the recovery facilils relationship with the
surrounding neighborhood. Management has recently escorted recovery
facilty's residents throughout the neighborhood picking up trash, and
cigarette butts are picked up upon neighbor request.
Neighbors report regular use of audible profanity, usually directed at
others within the recovery facility. Neighbors feel the homes immediately
next door to the recovery facility have become next to uninhabitable, and
have not attempted to rent them. The only full -time resident of the
oceanfront homes immediately adjacent to the recovery facility does not
use the door adjacent to the recovery facility, but has entered through a
first -story window on the other side of the building for at least threw years.
Crime
On May 4, 2007, residents of the 1900 block of West Ocean Front had to
call for police assistance when a recovery facility resident ran from the
facility, smashed a patio table at one residence in the 1900 block, and
threw a table leg at the window of the reporting residents property. It is
unknown at this time whether the police were able to locate the recovery
facility resident.
SHORT-TERM OCCUPANCIES
Staff and Services
• Cleaning services arrive once a week for a few hours during weekly tenant
shift. Cleaning staff pads legally on rental facilities' onsite parking and do
not block trafflo.
Noise, Parking and Resident Conduct
While there were several short-term rentals on the 1800 block, long -term
residents report they produce comparatively minor impacts. At one
recovery facility, new weekly renters temporarily block alley access during
unloading every week, but do not repeat the pattern when told by
neighbors that this is not an acceptable practice. Complaints about
nighttime gathering noise have been handled promptly by the property
management agency or personal contacts by neighbors.
11
B
On the 1900 block, by contrast, a resident stated that property
management firms have been at best `grudgingly responsive" to
complaints about noise, trash and parking at two short-term rental
locations near his property. As this resident described it, `Each Saturday
in the summer 2 noisy, raucous groups of strangers move into each short -
term facility to party for a week." The resident also reports that at least
three to four times per week, weekly renters park in the alley or behind
the garages of long -term residents, blocking resident egress and traffic.
Second hand smoke and some cigarette butt litter were also reported on
the 1900 block.
OTHER COMMERCIAL USES
None reported, but neighbors who were asked said they had no impacts
from use of the beach and sidewalk In their immediate vicinity for City
recreation camps and activities.
(ill.) Location Three: 38th and 39th Streets
RESIDENTIAL RECOVERY FACILITIES
Staff and Services
• Some recovery facilities have staff living onsite, some do not. In two
locations, staff has been responsive to neighbor complaints. In two
others, staff has been notably unresponsive.
• Transportation services via recovery facility vehicles appear to be
provided at almost all recovery facilities.
• Onsite services provided at three recovery facilities include daily cleaning
services.
Parking and Traffic
• One accident has been attributed to a recovery facility's van blocking
traffic on 39th Street while dropping or picking up recovery facility
residents.
• Traffic blockages on 39th Street due to recovery facility vehicles stopping
in front of their facilities were reported to be frequent.
• Residents report that at an adjacent sober living facility, as many as 10
vehicles can be associated with the residence (which has two onsite
parking spaces) at any given time.
12
- - - --
Noise
• Reports of noise from the recovery facilities varied, depending on the
facility operators. Two facilities on 39th Street appeared to be particularly
egregious in the amount of noise and profanity used by its residents, and
In the late hours such noise is reported. Loud arguments and yelling
between recovery facility residents was also reported.
Trash
• Trash produced by the recovery facilities was generally reported to be
extensive by all residents responding in this location, and the high number
of resulting flies was mentioned more than once.
Smoking
• Smoking was reported to be almost universal at the recovery facilities.
One resident reported counting 25 individuals on a recovery facility
balcony smoking at one time. The same resident reports that he found a
burning AA 12 -step book in his trash can.
• Another (non - smoking) resident reported being asked repeatedly for
cigarettes and ones for beer by recovery facility residents.
• Windows are reportedly kept closed, and some neighbors do not use their
patios because of smoke and noise.
Resident Conduct
• Conduct varies according to recovery facility. Two recovery facilities were
identified as having residents with consistent problem behaviors.
Recovery facilities which neighbors had fewer objections to also had their
share of complaints about loud profanity.
Crime
One resident reported finding syringes and other drug paraphernalia in the
side yard between his property and the sober living facility next door, as
well as witnessing what he believed were drug sales in the alley behind
that same recovery facility. That resident also personally witnessed a
resident at another recovery facility on 39th Street exposing himself, the
offending party was removed from the facility when the resident reported
the behavior to the recovery facility's management.
13
1
SHORT-TERM OCCUPANCIES
Noise and Resident Conduct
• The main impacts reported for short-term occupancies in Location Three
were that two nearby properties were being used as short-term rentals, an
excessive amount of noise was produced by parties at those locations,
and the property management company in control of those properties Wil
not respond to noise complaints."
(Iv.) Location Four: Balboa Island (portions of Opal,
Agate and Topaz)
SHORT TERM OCCUPANCIES
No Impacts Reported
• Of the twelve questionnaire responses received from Balboa Island by the
deadline, there was not one complaint about short-term renters.
• Residents, property owners and property management fines were
consistent in their message that no negative impacts were generated on
Balboa Island from short-term renters.
•
Noise produced by short-term renters was described as anything from
nonexistent to °mus €c, conversation and laughter."
• Any complaints, residents reported, were promptly handled by the owner
or property management firm to the complainant's satisfaction.
• Cleaning and maintenance services and parking availability were
described as similar to that used at surrounding long -term residences.
OTHER COMMERCIAL USES
Noise, Traffic and Parking
• Questionnaire respondents had a number of complaints about other
commercial impacts: traffic and noise issues associated with new home
construction on the island, passengers on the Catalina Flyer parking their
cars on the island and leaving them there up to a week, parents of Junior
Lifeguards dropping off and picking up their children, and noise from
commercial dinner cruise yachts in Newport Harbor.
B. Disturbance Advisement Cards.
During 2006, the Newport Beach Police Department distributed 501
disturbance advisement cards based on loud parties at residences in the City.
14
r ,q
ATTACHMENT B
Fair Housing Considerations Regarding Proposed Zoning
Ordinance Amendments
�6
THIS PAGE INTENTIONALLY LEFT BLANK
a (.°
gold faro 1300 Clay Street, Ninth Floor
i pm a n Ookland, California 94612
attorneys 510 836 -6336
M David Kroot June 12, 2007
Lee C. Rosenthal Memorandum
John T. Nagle
Polly V. Marshall
Lynn Hutchins To
Koren M- Tiedemann
Robin Clauson, City Attorney, City of Newport Beach
Thomas H. Webber
Aaron Harp, Assistant City Attorney, City of Newport Beach
John T. Haygood
provides a brief summary of the primary provisions of the federal Fair Housing Act that
Erica Kyle Williams
From
Dianne Jackson McLean
ordinance in response to concerns raised by community members.
Michelle D. Brewer
Polly V. Marshall and Barbara Kautz
Jennifer K. Bell
RE
Robert C. Mills
There are a variety of fair housing laws, including the federal Fair Housing Act, the
Isobel L. Brown
state Fair Employment and Housing Act, Section 504 of the federal Rehabilitation Act
James T. Diamond, Jr.
Fair Housing Considerations Regarding Proposed Zoning Ordinance Amendments
William F. DiCamillo
laws all prohibit discrimination on the basis of disability. A person is considered to be
Margaret F. Jung
On June 21, 2007, the Planning Commission will review proposed revisions to the
Heather J. Gould
Newport Beach Zoning Code concerning group occupancies. This memorandum
Juliet E. Cox
provides a brief summary of the primary provisions of the federal Fair Housing Act that
Erica Kyle Williams
were considered by City staff and legal counsel in proposing amendments to the zoning
Amy DeVoudreuil
ordinance in response to concerns raised by community members.
Barbara E. Kautz
1. Disabled Persons Protected by Fair Housine Laws
Luis A- Rodriguez
There are a variety of fair housing laws, including the federal Fair Housing Act, the
state Fair Employment and Housing Act, Section 504 of the federal Rehabilitation Act
of 1973, the state Unruh Civil Rights Act, and the Americans with Disability Act. These
laws all prohibit discrimination on the basis of disability. A person is considered to be
disabled who has a physical or mental impairment that limits one or more major life
Facsimile
activities, is regarded as having that type of impairment, or has a record of that type of
impairment
510 836 -1035
-I
Son Francisco
Based on this definition, recovering drug and alcohol users are considered to be
415 788 -6336
disabled, but disability does not include current, illegal use of, or addiction to, a
Los Angeles
controlled substance.
213 62 7- 6336
San Diego
2• Facial Discrimination Related to Disabled Persons
619 239 -6336
Zoning and other ordinances that treat disabled persons differently from non - disabled
Goldfarb & Lipman LLP
persons are considered to be examples of "facial discrimination" — i.e., it is clear from
'See, e.g., 42 USC 3602(h). The definition of "disabled" varies somewhat among the various statutes.
1526 \02 \451748.1
a1
June 12, 2007
Page 2
merely reading the ordinance that it treats disabled persons differently from non-
disabled persons.
In November 2006, the federal Ninth Circuit Court of Appeals (whose jurisdiction
includes California) adopted a strict standard to determine whether ordinances that
facially discriminate against the disabled comply with the Fair Housing Act. The Court
determined that the City must show either that: (1) the restriction benefits the disabled;
or (2) the ordinance responds to legitimate safety concerns raised by the individuals
affected, rather than being based on stereotypes.2
The courts look closely at restrictions on housing serving the disabled to see if they are
supported by strong evidence or by unsupported assumptions. For instance, the U.S.
District Court for Nevada recently found that Clark County did not have adequate
justification for a required 1,500 -foot separation between homes serving the disabled.3
In relation to "legitimate safety concerns," the Ninth Circuit and other federal courts
have typically looked for police reports, incident reports, and similar documentation,4
and are often skeptical of testimony based on residents' unsupported fears.
Newport Beach's current and proposed ordinance treats group residences serving the
disabled differently from group residences that do not serve the disabled, but in a way
that benefits disabled persons: group homes serving the disabled are allowed in
residential zoning districts, whereas other group homes are not allowed in these
districts. However, every provision that treats the disabled differently must be carefully
analyzed to see if the evidence shows either that there are legitimate safety concerns, or
that the ordinance actually benefits the disabled.
3. Need to Modify Requirements to Provide Equal Oouortunity
The fair housing laws impose an affirmative duty on local governments to make
"reasonable accommodations" (modifications or exceptions) in their zoning and other
laws when the accommodation is necessary to give disabled persons an equal
opportunity to use and enjoy a home.5 The modification does not need to be given,
however, if it would impose an "undue financial and administrative burden" on local
government, or fundamentally alter the City's zoning.b A typical example of a
reasonable accommodation might be a ramp within the front yard setback to serve a
disabled occupant who uses a wheelchair.
Because the standard for granting a reasonable accommodation is different from the
standard for granting a use permit or variance, the California Attorney General has
'See Community House, Inc. v. City of Boise, 468 F.3d 1118, 1125 (9m Cir. 2006).
3 Nevada Fair Housing Center, Inc. v Clark County, 2007 U.S. Dist. Lexis 12800 (2007)
" See Community House, 468 F.3d at 1126.
s See, e.g., 42 USC 3604(0(3)(B); California Government Code sections 12927(c)(1).
6 See, e.g., McGary v. City of Portland, 386 F.3d 1259 (9`" Cir. 2004).
2
1526 \02\451748.1 h
04
June 12, 2007
Page 3
encouraged all communities to include reasonable accommodation provisions in their
zoning ordinances. These provisions allow uses serving the disabled to apply for a
needed accommodation and give the City the opportunity to avoid a violation of the fair
housing laws by granting a reasonable accommodation when required.
4. Discriminatory Intent
An outwardly neutral action by a city that is in fact motivated by an intent to
discriminate against the disabled may constitute a violation of the fair housing laws. For
instance, a city may deny a use permit for a group home serving the disabled on grounds
unrelated to the disability of the residents, such as traffic and parking problems.
However, if there is evidence that the city's action was actually motivated by
discrimination against the disabled, the court may conclude that the traffic and parking
findings were a "mere pretext," and find a violation of the Fair Housing Act.7
In a federal fair housing claim, the plaintiff is not limited to the record before the City
but is able to depose neighbors, City staff, etc. to find discriminatory intent. To protect
the City, it is important that the City's decision - makers base their decisions on neutral,
unbiased data, and disassociate their decisions from public comments that appear to
reflect discrimination against the disabled.
See, e.g., Harris v. Itzhaki, 183 F.3d 1043, 1051 (9' Cir. 1999).
1526 \02\451748.1 9
ATTACHMENT C
Table 1: Total Felon Parolees Returned to California Prisons
36
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31
Data Analysis Unit
Estimates and Statistical Analysis Section
Offender Information Services Branch
Department of Conectlons ar4 Reba61111alion
State of Callfamin
AP012007
TABLE 1
TOTAL FELON PAROLEES RETURNED TO CALIFORNIA PRISONS
NUMBER AND RATE` PER 100 AVERAGE DAILY POPULATION (ADP)"`
CALENDAR YEAR 1976 THROUGH 2006
CALENDAR
YEAR
AVERAGE DAILY
FELON
PAROLEEIPAL
POPULATION^
TOTAL FELON
PAROLEES RETURNED
(PV -RETs )
TOTAL FELON
PAROLEES RETURNED
WITH A NEW TERM
( PV WNTs
TOTAL FELON PAROLEES
RETURNED TO CUSTODY
WITHOUT NEW TERM'"*
(PV -RTCs
NUMBER
RATE'
NUMBER
RATE'
NUMBER
RATE'
1976
15,302
2,233
14.6
1,255
8.2
978
6.4
1977
14,428
2,031
14.1
1,243
8.6
788
5.5
1978
12,401
2,585
20.8
1,574
12.7
1,011
B.2
1979
10,455
2,558
24.5
1,362
13.0
11196
11.4
1980
11,061
2,995
27.1
1,393
12.6
1,602
14.5
1981
11,883
3,885
32.7
1,772
14.9
2,113
17.8
1982
13,609
6,009
44.2
2,231
16.4
3,778
27.8
1983
18,223
8,435
46.3
3,160
17.3
5,275
28.9
1984
24,390
11,409
46.6
3,988
16.4
7,421
30.4
1985
28,888
16,311
56.5
5,042
17.5
11,269
39.0
1986
33,615
23,849
70.9
5,790
17.2
18,059
53.7
1987
39,678
31,597
79.2
6,390
16.0
25,207
63.2
1986
50,054
42,424
84.8
8,410
16.0
34,014
68.0
1889
58,731
51,016
B6.9
11,040
18.8
39,976
681
1990
69,164
54,379
78.6
14,070
20.3
40,309
58.3
1991
80,905
57,344
70.9
16,010
19.8
41,334
51.1
1992
87,940
52,871
60.1
17,939
20.4
34,932
39.7
1993
90,628
64,681
60.3
19,150
21.1
35,531
39.2
1994
93,536
62,480
66.8
17,009
18.2
45,471
48.6
1995
102,181
69,884
68.4
17,454
17.1
52,430
51.3
1998
109,659
75,419
68.8
17,435
15.9
57,984
52.9
1997
115,299
85,497
74.2
17,593
15.3
67,904
58.9
1998
122,981
87,645
71.3
17,385
14.1
70,260
57.1
1999
129,709
87,729
67.6
17,064
13.2
70,665
54.5
2000
134,821
89,346
66.3
16,016
11.9
73,330
54.4
2001
136,932
88,806
64.9
14,531
10.6
74,275
54.2
2002
136,133
85,551
62.8
14,363
1016
71,188
52.3
2003
131,693
78,058
59.3
15,703
11.9
62,355
47.3
2004
128,501
76,565
59.6
17,840
13.9
58,725
45.7
2005
131,087
80,935
61.7
19,755
15.1
61,180
46.7
2006
133,11181
89,872
1 67.5
1 20,777
1 16.61
69,0961
51.9
Note: Components may not add to totals due to independent munding.
'These retes should not be considered to be CDC's recidivism rates.
"The Average Dally Felon ParoloWPAL Population (AOPI includes the average dally population of felon parolees supervised in California,
PIN the average daily (elan parolee- atarge (PAL) population. Califomin releases to parole who were under supervision In other stab
and absconded from supervision were included in the PAL population pew to 1988
-'Beginning m 1086, the Total Felon Pamleas Returned to Custody Without a New Term Includes parolees who were returned to CDC custody
pending a revocation hearing.
PVRET -2
3�
ATTACHMENT D
LA Times Article: Parole in California: It's a crime
35
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3 4.
Los Angeles Times: Parole In Califomia. It's a crime
SAVE
ABOUT 10"M oa>eatnow!
04123,12006 09:26 AM
http:lAvww.latimes.com /news/ opinion/ commentary4a- op- petersJlia23apr23,0,3250742, story
From the Los Angeles Times
Parole in California: Its a crime
By Joan Petersilia and Robert Weisberg
JOAN PETERSILIA, a professor of criminology, law and society at UC Irvine, is the author of "When Prisoners Come Home: Parole
and Prisoner Reentry." She is a visiting professor of law at Stanford Law
April 23, 2006
CALIFORNIA'S prison system Is reeling. The corrections chief and his acting replacement have both quit in the last two months. But a
major cause of the Department of Corrections and Rehabilitation's growing dystuncticnaffty has nothing to do with how it nuns its
pdsons and administers parole. Rather, irs the state's laws that determine the lengths of prison terms and inmate - release policies.
Only the Legislature can fix that problem.
Many say the system doesn't work because California puts too many people in prison, especially nonviolent offenders. The facts state
otherwise. On any given day, 456 out of every t 00,000 people are behind bars in California, compared with an average of 432 per
100,000 for the nation generally.
This ratio is not disproportionately high, given the state's crime rate. The chance that a person who is arrested for a serious crime will
end up in prison is about 5 %, close to the national average. And the special consequences of our three - strikes law — a sentence of
25 years to life for a third conviction — notwithstanding, prison terms in California are no longer, on average, than those imposed in
other states for similar crimes.
Nor do nonviolent drug offenders account for recent increases in the state's inmate population. A snapshot view of our prisons shows
that the proportion of prisoners serving time for possessing and selling drugs is lower than it was in the 1990s. Two - thirds of the
overall growth in the prison population since 1994 stems from such violent crimes as robbery, assault and homicide. Drug crimes
account for only 10% of the increase.
And California's spending on prisons — about $7 billion annually, or S% of the general fund — is not disproportionately higher than
that of other states.
So whafs the reai crisis?
It's this: More parolees return to prison in California than in any other state.
The Department of Corrections and Rehabilitation released data last week showing that recidivism rates declined last year. But the
figures were only for prisoners released the first time. When all parolees are considered, the picture is much bleaker. Of the
approximately 115,000 inmates annually released, about 70% of them are back behind bars within 24 months — nearly twice the
national average. Worse yet, about 10% of these prisoners will repeatedly return — six or more times over a seven -year period,
according to one study. No other state reports such a high inmate -churn rate.
Prisoners call it "doing life on the installment plan"
The result is that many dangerous prisoners on parole receive too little monitoring, are released from parole too early and commit
serious new crimes, while many non - dangerous ex- convicts stay on parole too long, wasting the state's resources, and are sent back
to prison for trivial reasons.
There are three main reasons for California's high recidivism rate: Illoonceived sentencing laws, rigid parole practices and an
inexcusable neglect of programs to help prisoners adapt to life on the outside.
Judges in California used to decide which sentences to impose on defendants, and the parole board bad near - absolute discretion to
decide when inmates were released. This system pleased.neither liberals (it was too capricious) nor conservatives (it wasn't tough
enough).
So, in the 1970s, the Legislature adopted determinate sentencing. Judges handed out prison terms according to a fixed formula tied
to the crime. For example, a robbery conviction translates Into two, three or four years in prison. Inmates no longer have to earn their
release because they are automatically freed once their set time Is up. Even if a prison offers rehabilitation programs, inmates lack
hnp'. / /www.latimes.cominews /opinion)commentarylla -op -pe ersilla23apr23 ,0,1804454,princstery
Page 1 of 2
35
Los Angeles Times: Parole in California: It's a crime - - 04/23/2006 09:26 AM
any incentive to enter them because they know when they're getting out.
Parole for ex -cons usually runs three years, and nearly everyone is on it for the same length of time regardless of risk to society. But
when the Legislature took away the parole board's discretion in deciding release dates, it left in place the old scheme of parole
supervision. The problem with that is that everrising parolee - related spending — about $4,100 a parolee — has no connection to
recidivism risk.
By contrast, in Florida, North Carolina and Ohio, nearly half of all released inmates receive no supervision after prison, which allows
these states to concentrate their scarce parole dollars on high -risk ex -cans.
This is not to suggest that California should release huge numbers of prisoners and not supervise them. NOT is it to deny that
determinate sentencing fixed some grievous flaws in the ways judges used to dispense justice. But when the Legislature required that
virtually all ex- convicts receive parole supervision, it created the conditions for the state's high recidivism rate.
For example, California routinely orders near - universal drug testing for parolees. Because two- thirds of them have substance abuse
histories, and because few receive any treatment while in prison, parolees invariably fail the Tests and return to prison. In all, nearly
two - thirds. of parolees are send back to prison because of similar technical violations, not because they were convicted of a new
crime.
The governor- appointed parole board can do something about this problem by altering the criteria for technical violations. But
because the Legislature sets the basic rules for when parolees are released and what conduct can send them back to prison, only it
has the power to affect the recidivism rate significantly.
Byway of example, Colorado passed legislation in 2003 that limits reincarceration for technical violations to 180 days, and most
parolee violator; do the time in privately run community centers. Colorado officials estimate that the law has saved the state needy
$30 million and allowed them to keep a closer eye on ex -cons who pose a greater risk of repeat criminal conduct.
But more selective supervision of parolees also requires more effective rehabilitation programs. Studies show that for some prisoners,
enrollment in drug- or alcohol -abuse treatment programs, education Gasses or job training will substantially lower their chances of
committing new crimes. Unfortunately, California is woefully inadequate, in providing such programs. Nearly two- thirds of its inmates
are addicts, yet just 2% of them are professionally treated while in prison.
Can anything be done? Just finding physical space in which to conduct a rehab program is a challenge in a prison system operating at
200% of capacity. And prison gangs often discourage participation in these programs.
The Department of Corrections and Rehabilitation can do some things on its own. It could allow inmates wanting and able to enroll in
rehab programs to be housed together. It could better identify and train officers to run the programs. And it could work to lessen the
hostility between management and prison guards, thereby motivating officers to help conduct rehab programs.
Given the Inefficiencies of how we sentence and imprison our criminals, the wonder is that our inmate population and prison costs
aren't greater. But there's no denying that our high recidivism rate wastes human opportunity and disrupts family life In unquariffiable
ways. New leadership at the Department of Corrections and Rehabilitation will help some. Reforming the state's determinate
sentencing law will do even more.
If you want other stories on this topic, search the Archives at latimes.com /archives.
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Page 1 of 2
3(-P
ATTACHMENT E
Draft resolution w /Exhibits A-C
3A
THIS PAGE INTENTIONALLY LEFT BLANK
3'�K
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH RECOMMENDING THE
ADOPTION OF CODE AMENDMENT NO. 2007 -005 (PA
2007 -112) AMENDING TITLE 20 OF THE MUNICIPAL
CODE TO REVISE DEFINITIONS, LAND USE
CLASSIFICATIONS, AND REGULATIONS RELATING TO
GROUP OCCUPANCIES AND SHORT -TERM LODGINGS
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, on May 30, 2007, the City Council initiated an amendment to Title
20 of the City of Newport Beach Municipal Code to revise to revise definitions, land use
classifications, and regulations relating to group occupancies and short-term lodgings;
and
WHEREAS, a public hearing was held on June 21, 2007 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 Planning Commission finds as follows:
1. In 2006 the City of Newport Beach adopted a new General Plan and the voters
adopted a new Land Use Plan. The General Plan includes a vision statement
that provides a framework or vision for the City. The first vision is to Preserve
Community Character and provides that "We have preserved our character as a
beautiful, unique residential community with diverse upland and coastal
neighborhoods. We value our colorful past, the high quality of life, and our
community bonds. The successful balancing of the needs of residents,
businesses and visitors has been accomplished with the recognition that Newport
Beach is primarily a residential community."
2. The City has received evidence of increasing numbers of group homes that do not
house permanent residents and operate more like institutional and boarding
housing uses than as Single Housekeeping Units. These uses are concentrated
in residential zoning districts R -1.5, R -2, and MFR. Uses such as
parolee /probationer homes, group residential uses, non - residential uses, and other
uses are operating as businesses in residentially zoned areas of the City. These
uses and the business operations engendered by these uses are changing the
unique character and balance of Newport Beach's residential neighborhoods,
violating the General Plan's vision that seeks to retain Newport Beach as
City of Newport Beach
Planning Commission Resolution No. _
Paae 2 of 5
primarily a residential community, and in many cases placing incompatible uses in
residential neighborhoods, contrary to the policies in the City's Land Use Element
(Policies LU 1.1, LU 5.1.1, and LU 6.2.7).
3. Land Use Element Policy 6.2.7 provides that the City shall regulate residential and
day care facilities to the maximum extent allowed by federal and state law to
minimize impacts on residential neighborhoods.
4. In conformance with privacy rights under the California Constitution, the Citys
zoning ordinance does not limit the number of related or unrelated persons,
whether or not disabled, who choose to live together as a single housekeeping unit,
which is defined as a group of people who share common facilities and household
activities and have one rental agreement. The City considers any single
housekeeping unit to be a "family" for zoning purposes.
5. To implement the City's Land Use Element and to maintain the character of
residential neighborhoods, the City does not permit group residential uses that do
not serve the disabled and are not single housekeeping units, such as boarding
houses, dormitories, fraternities, and sororities, to be located in residential zoning
districts, because such group residential uses are frequently transient and
institutional in nature and differ in character from single housekeeping units.
6. To give disabled persons an equal opportunity to use and enjoy a home in the
City's residential zoning districts, and in recognition of the services the may be
required by the disabled, the City does allow group residential uses serving the
disabled to be located in residential districts, while prohibiting all other group
residential uses.
7. To further ensure that the City complies with federal and state law, the City desires
to adopt standards and procedures for granting a reasonable accommodation to its
zoning and land use policies where necessary to give disabled persons an equal
opportunity to use and enjoy a home, where such an accommodation does not
cause an undue financial or administrative burden or fundamentally after the
purpose of the City's adopted policies.
8. In accordance with its policy of giving disabled persons the opportunity to enjoy a
home in the City, as of April, 2007, according to information available from the
Department of Alcohol and Drug Prevention (ADP), the City contained 2.63
licensed alcohol and drug treatment beds per 1,000 City residents, the highest ratio
in Orange County, compared to an Orange County average of 0.52 licensed beds
per 1,000 City residents.
9. The State of Califomia requires that residential care facilities licensed to serve six
or fewer persons must be treated as a single family home for all local zoning
9
City of Newport Beach
Planning Commission Resolution No. _
Page 3 of 5
purposes, and the City does currently treat, and proposes to continue to treat, these
facilities as single family homes.
10. The City has received evidence that, in several instances, two or more residential
care facilities, each licensed to serve six or fewer persons, may in fact be
operating in duplexes and apartments or otherwise as integrated components of
the same residential care facility and serving a total of seven or more persons,
such as by providing housing in one facility and recovery, treatment, meals, or
other services in another residential facility, or by designating one facility to
provide recovery, treatment, meals, or other services for several residences. If
these integral facilities are not in fact be operating as residential care facilities
serving six or fewer persons and are serving seven or more persons, they are not
in compliance with the City's reasonable regulations applicable to residential care
facilities serving seven or more persons and are operating as commercial facilities
providing services to nonresidents, evading the intent of California laws allowing
facilities serving six or fewer persons in one dwelling unit to be treated as single
family homes; and the City desires appropriate zoning amendments to ensure that
small licensed residential care facilities are in fact serving no more than six
persons.
11. The City's existing Zoning Code permits unlicensed residential care facilities
searing six or fewer disabled persons to be located in residential zones. Citizens
have reported an increasing number of unlicensed alcohol and drug recovery
facilities located in the City; at least 25 unlicensed facilities located in the City have
stated that they provide recovery (sometimes called "clean and sober") services to
recovering drug and alcohol users. However, because no state statutes define
recovery or "clean and sober' homes, the actual nature of these facilities is not
known. ADP has reported to the State Legislature that it receives on average 125
complaints a year regarding sober living homes, with many complaints indicating
that unlicensed facilities are offering addiction treatment services without the
required license.
12. City residents in response to a questionnaire have expressed concerns regarding
the impacts of recovery facilities on residential communities, including, but not
limited to, impacts on traffic and parking, conversion of garages to other uses, more
frequent trash collection, smoking in the vicinity, exposing residents to
secondhand smoke and creating litter from cigarette butts, and excessive noise and
loud offensive language.
13.The City intends to enable disabled persons to live in residential districts, while
ensuring that unlicensed residential care facilities purporting to serve the disabled
are operating in compliance with City, state, and federal laws and regulations, and
are certified by an appropriate agency, if such certification is available, and desires
a ministerial process to ensure that small unlicensed facilities will conform to these
standards.
ql
City of Newport Beach
Planning Commission Resolution No. _
Paqe 4 of 5
14. The California Department of Corrections has reported that approximately 70
percent of persons on parole will be returned to prison each year because they
have either been convicted of new crimes or have violated the conditions of their
parole. Residences housing two or more parolees may pose a danger to the safety
of the community and adjacent residents, and the City does not intend to permit
such residences.
15. Convalescent homes and hospitals are not compatible with residential areas, no
such facilities are located in residential districts in the City, and the City does not
desire to permit such facilities in residential districts.
16. On January 23, 2007, the City Council adopted Resolution No. 2007 -5 forming the
Intense Residential Occupancy Committee to study and evaluate lawful solutions
and make recommendations to the City Council on local, state and federal
legislation that will allow the City to better mitigate the adverse impacts of intense
(dense occupancy and /or transient) residential uses.
17. On February 13, 2007, the City Council adopted Resolution No. 2007 -10 initiating
an amendment to Title 20 of the Newport Beach Municipal Code to revise land use
classifications and definitions related to residential care facilities.
18. On April 24, 2007, the City Council adopted Resolution No. 2007 -8, imposing a
moratorium on the establishment of new group residential uses and directed the
Planning Department, in cooperation with the City Attorney, to analyze the extent of
regulatory controls affecting group residential uses and required in residential
districts.
19. On May 30, 2007, the City Council adopted Ordinance No. 2007 -10, extending the
moratorium for a period of five months.
20. The proposed action is not defined as a project under the California 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).
NOW, THEREFORE, BE IT RESOLVED that based on the aforementioned
findings, the Planning Commission hereby recommends that the City Council of the City
of Newport Beach adopt Code Amendment No. 2007 -005 to Title 20 of the Newport
Beach Municipal Code as provided in Exhibits A, B, and C.
rf X
City of Newport Beach
Planning Commission Resolution No. _
Paoe 5 of 5
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF JUNE 2007.
AYES:
NOES:
M
Jeffrey Cole, Chairman
BY:
Robert Hawkins, Secretary
q'3
EXHIBIT A
Section 20.03.030 Definitions
Blockface: The properties abutting on one side of a street and lying between the two nearest
intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right -
of -way, unsubdivided land, water - course, or city boundary.
Boarding or Rooming House. A residence or dwelling unit, or part thereof, wherein two or more
rooms are rented under two or more karate written or oral rental agreements, leases or
subleases or combination thereof, whether or not the owner, agent or rental manager resides
within the residence.
Building: Any structure having a roof supported by columns or walls for the housing or
enclosure of persons, animals, chattels, or property of any kind.
Calm The thickness of trees as measured in inches, feet, etc. Trunk diameter for trees up to 4
inches shall be measured b inches above the soil line, and all trees over 4 inches in diameter will
be measured 54 inches above the soil line.
..
Canny: (See awning).
Facilities for Food Preparation. An area where food may be prepared which includes, but is not
limited to, any two or more of the following items, either individually or in combination: heating
appliances such as stoves, hot plates, microwave ovens, convection ovens and/or toaster ovens,
refrigeration appliances, sinks including the plumbing thereto with running water whether with
or without a disposal and may include a bathroom sink, cabinetry or shelving used for the storage
of pots, pans, dishes, glasses, eating utensils and/or food items.
Family. One or more persons living together as a single housekeeping unit
q1
W0,111
1.
WIN
Family. One or more persons living together as a single housekeeping unit
q1
Floor. Finished: The surface of a floor after the final installation or application of floor
coverings or other surfacing materials.
Illumination, Indirect: Illumination by means only of light cast upon an opaque surface from a
concealed source.
Integral Facilities. Two or more Residential Care Facilities (Small Licensed or General) or
Group Residential uses, as defined in Section 20.05.030, which may or may not be on contiguous
parcels of land, that are under the control and management of the same owner, operator,
management company or licensee, including affiliates of such entities, and are integral
components of the same residential facility, such as by providing housing in one facility and
recovery, treatment, meals or other services in another residential facile, or by designating one
residential facility to provide recovery, treatment, meals or other services for several residences.
Licensed residential care facilities that are eligible to be licensed as a single facility under State
law are integral facilities, regardless of the number of licenses actually held.
Kitchen: Any room or portion of a room designed, intended or used for the cooking or
preparation of food.
Shopping Center: A grouping of retail business and service uses on a single site with common
parking facilities.
Single Housekeeping Unit: "Single Heusekeeping Uni" 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 two 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 of the o A and n , distfiets, _ Skigt- � — � ,. v o : t r.,;0s ,,,a.,,bm
Single Ownership Holding record title, possession under a contract to purchase, or possession
under a lease, by a person, firm corporation, or partnership, individually, jointly, in common, or
in any other manner where the property is or will be under unitary or unified control.
Site: (See o..aa: cae` A parcel or adjoinin parcels under single ownership or single control,
considered a unit for the purposes of development or other use.
Slo e: An inclined ground surface, the inclination of which is expressed as a ratio of horizontal
distance to vertical distance.
q5
Section 20.05.030 Residential Use Classifications
A. Day Care. Limit ed. "Day &e Limited" means nen fesidential Non - residential,
non - medical care and supervision of fourteen 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.
1. Large Family Child Care Homes. Day care facilities located in single -
family residences where an occupant of the residence provides care and
supervision for nine to fourteen children. Children under the age of 10
years who reside in the home count as children served by the day care
facility.
2. Small Family Child Care Homes. Day care facilities located in single -
family residences where an occupant of the residence provides care and
supervision for eight or fewer children. Children under the age of 10 years
who reside in the home count as children served by the day care facility.
B. Group Residential. "Gre" Rest 1° «.:,n" means ,.1,° - °a Shared living quarters,
.f °� f- .. ° eh « «:4 well .... sha d l:. arter-
., .., ".. ..,.,.n .,. ,;.._ , :.s :.� ...� � :::.b :,:: rc occupied by two
or more persons not living together as a Single l4aus°' eeping :Jn sin e
housekeeping unit. This classification includes, without limitation, boarding
houses, or rooming houses, dormitories, fraternities, sororities, and private
residential clubs, but excludes general residential care facilities, small licensed
residential care facilities, and residential hotels (see Single -Room Occupancy
(SRO) Residential Hotels, Section 20.05.050(EE)(4)).
C. Multifamily Residential. Three or more dwelling units on a site. This classifica-
tion includes mobile home and factory -built housing.
D. Parolee- Probationer Home. Anv residential structure or unit. whether owned
and /or operated by an individual or a for -profit or nonprofit entity, which houses
two or more parolees - probationers unrelated by blood, marriage, or legal
adoption, in exchange for monetary or non - monetary consideration given and/or
paid b the he parolee - probationer and/or any public or private entity or person on
behalf of the parolee — probationer. A parolee — probationer includes: A) any
individual who has been convicted of a federal crime sentenced to a United States
prison, and received conditional and revocable release in the community under the
supervision of a federal parole officer; B) any individual who has served a term of
imprisonment in a State prison and who is serving a period of supervised
community custodL as defined in Penal Code Section 3000, and is under the
jurisdiction of the California Department of Corrections, Parole and Community
Services Division, or C) an adult or juvenile sentenced to a term in the California
Youth Authority and who has received conditional and revocable release in the
community under the supervision of a Youth Authority Parole Officer.
E. Residential Care Facilities, Small Licensed. State licensed facilities that provide
care, services, or treatment in a community residential setting for six or fewer
adults, children, or adults and children and which are required by State law to be
treated as a single housekeeping unit for zoning pumoses. Small licensed
residential care facilities shall be subject to all land use and property development
regulations applicable to single housekeeping units. This classification does not
include State - licensed facilities that provide care, services, or treatment in a
community residential setting for six or fewer adults, children, or adults and
children if such facilities operate as part of integral facilities, as defined in Section
20.03.030, when such integral facilities serve seven or more adults, children, or
adults and children (in such circumstances, the integral facilities are classified as
general residential care facilities.)
EF. Single - Family Residential. "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.
FG. Two - Family Residential. "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.
H. Vacation Home Rental. A residence or dwelling unit where the complete
residential unit, including bedroom(s), kitchen and bath(s), is rented or leased to a
person, or group of persons, under a single written or oral rental or lease
agreement for a period of 30 days or less.
�1
ypo
E. Residential Care Facilities, Small Licensed. State licensed facilities that provide
care, services, or treatment in a community residential setting for six or fewer
adults, children, or adults and children and which are required by State law to be
treated as a single housekeeping unit for zoning pumoses. Small licensed
residential care facilities shall be subject to all land use and property development
regulations applicable to single housekeeping units. This classification does not
include State - licensed facilities that provide care, services, or treatment in a
community residential setting for six or fewer adults, children, or adults and
children if such facilities operate as part of integral facilities, as defined in Section
20.03.030, when such integral facilities serve seven or more adults, children, or
adults and children (in such circumstances, the integral facilities are classified as
general residential care facilities.)
EF. Single - Family Residential. "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.
FG. Two - Family Residential. "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.
H. Vacation Home Rental. A residence or dwelling unit where the complete
residential unit, including bedroom(s), kitchen and bath(s), is rented or leased to a
person, or group of persons, under a single written or oral rental or lease
agreement for a period of 30 days or less.
�1
Section 20.05.030 Public Semi - Public Land Use Classifications
R. Residential Care Facilities, General. "Residential Care; General" faea.....a..._ °a
unit) Any site or building, or groups of sites or buildings, including integral
facilities (as defined in Section 20.03.030 ),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 single housekeeping unit. This classification includes but is
not limited to greup hemes, certain group residential uses, such as boarding or
rooming houses, 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 20.10.020 (Residential Districts)
Section 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 t__'t°°° >;EP a,...:.,,..t, use ,.lass: at:ens-
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
P = Permitted
UP = Useperrmt
PD/U = Use permit issued by the Planning Director
L = Limited (see Additional Use Remdations)
- -- = Not Permitted
R -A R -1 R -1.5 R -2 MFR Additional
Regulations
RESIDENTIAL (A), (B),
(C)IM
DAY CARE, LIMITED
-LARGE FAMILY CHILD CARE HOMES
-SMALL FAMILY CHILD CARE HOMES
PD/U PD/U PD/U PD/U PDIU
64P L—HP 1�bp 1:-HP IMP
(N)
�C/
b
Residential Districts: Land Use Regulations
P = Permitted
UP = Use permit
PD/U = Use pemil[ issued by the Planning Director
L = Limited (see Additional Use Rewlations)
-- = Not Permitted
R -A R -I R -1.5 R -2 MFR Additional
GROUP RESIDENTIAL
MULTI - FAMILY RESIDENTIAL
PAROLEE/PROBATIONER HOME
RESIDENTIAL CARE FACILITIES, GENERAL
RESIDENTIAL CARE FACILITIES, — LIMIT 3D SMALL P
LICENSED
SINGLE FAMILY RESIDENTIAL P
TWO- FAMILYRESIDENTIAL
VACATION HOME RENTAL
PUBLICAND SEMI - PUBLIC
CEMETERIES
CLUBS AND LODGES
COPAI A T CCncnrT FACILITI t
DAY CARE, GENERAL
GOVERNMENT OFFICES
PARK & RECREATION FACILITIES
PUBLIC SAFETY FACILITIES
RELIGIOUS ASSEMBLY
SCHOOLS, PUBLIC AND PRIVATE
UTILITIES, MAJOR
UTILITIES, MINOR
COMMERCIAL USES
HORTICULTURE, LIMITED
NURSERIES
VEHICLE /EQUIPMENT SALES AND SERVICES
- COMMERCIAL PARKING FACILITY
VISITOR ACCOMMODATIONS
-BED & BREAKFAST INNS
-SRO RESIDENTIAL HOTELS
- (0). rnI
P (B)
F€P FRP FEPUP O P
UP UP
P P P P (0), (P)
P P P
— P P
P P
- --
L -I
L -1
L-1
- --
L -2
L -2
L -2
—
UP
UP
UP
- --
UP
UP
UP
- --
UP
UP
UP
—
Up
Lip
UP
UP
UP
UP
UP
UP
UP
UP
UP
UP
UP
UP
UP
UP
UP
UP
UP
UP
UP
UP
UP
P
P
P
P
P (D), (E),
(M)
P (-B)
P (DD)
(A), (B),
(C)IM
L -1
L -2
LW
UP (Al)
UP
13P
UP
UP
UP
UP
UP
P
(A), (B),
(C), (0)
P-- --- --- ---
PD/U --- --- - -- ---
- -- L -3 L -3 L -3 L-3
— --- LYP UP (F)
--- - -- - -- - -- UP
q1
Residential Districts: Land Use Regulations
P = Permitted
UP = Use pen tit
PD/U = Use permit issued by the Planning Director
L = Limited (see Additional Use ReEulalion3I
- -- = Not Permitted
ACCESSORY USES
ACCESSORY STRUCTURES AND USES
TEMPORARY USES
CIRCUSES AND CARNIVALS
COMMERCIAL FILMING, LIMITED
PERSONAL PROPERTY SALES
HELIPORTS, TEMPORARY
REAL ESTATE OFFICES, TEMPORARY
(A), (B),
(C)
P/UP P/UP P/UP P/UP P/UP (1)
(A), B).
R -A R -1 R -1.5 R -2
MFR Additional
Regulations
AGRICULTURAL AND EXTRACTIVE USES
P
(A), (B),
P
P
(C)
ANIMAL HUSBANDRY
PD/U - -- - --
- -- (G)
CROP PRODUCTION
P - -- - -- - --
- --
MINING AND PROCESSING
L,-4 L -4 L -4 L -4
L -4 (H)
ACCESSORY USES
ACCESSORY STRUCTURES AND USES
TEMPORARY USES
CIRCUSES AND CARNIVALS
COMMERCIAL FILMING, LIMITED
PERSONAL PROPERTY SALES
HELIPORTS, TEMPORARY
REAL ESTATE OFFICES, TEMPORARY
(A), (B),
(C)
P/UP P/UP P/UP P/UP P/UP (1)
(A), B).
Residential Districts: Additional Land Use Regulations
L -1 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.
T ti P ffmitted by right
(A) See Section 20.60.025: Relocatable Buildings.
FIAR-
SC)
(C)
P
P
P
P
P
(K)
P
P
P
P
P
(K)
P
P
P
P
P
(L)
L-5
- --
---
- --
L -5
(J)
L -5
L -5
L -5
L -5
L -5
(B)
Residential Districts: Additional Land Use Regulations
L -1 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.
T ti P ffmitted by right
(A) See Section 20.60.025: Relocatable Buildings.
FIAR-
SC)
(B) See Section 20.60.015: Temporary Structures and Uses.
(C) See Section 20.60.050: Outdoor Lighting.
(D) A44th the &Eeeption of uses in the R 1 Zone, any dwelling tmit ethefvAse pefmitted by this
Cede may be used for h . - - pufpeses as defined in Chapter 5.95 ef
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.
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:
Large Animals. The keeping of large animals (as defined in Section 20.030.030)
shall be subject to the following regulations:
a. Horses. One horse may be kept for each 10,000 square feet of lot area, up
to a maximum of 3 horses, provided the horse or horses are kept for
recreational purposes only. The keeping of 4 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 15,000 square feet or more and the
number shall not exceed 2 adult animals of any one species.
C. Total Number Permitted. The total number of large animals shall not
exceed 6. Offspring are exempt until such time as they are weaned.
Domestic and Exotic Animals. The number of domestic and exotic animals (as
defined in Section 20.03.030) shall not exceed 6. Offspring are exempt up to the
age of 3 months. The keeping of 4 or more dogs over the age of three 3 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.
0
S'
3. Small Animals. The number of small animals, other than domestic and exotic
animals (as defined in Section 20.03.030), shall not exceed 6. Offspring are
exempt up to the age of 3 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.
(I) See Section 20.60.100: Home Occupations in Residential Districts.
(3) 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.
(N) See Section 20.60.130: Day Care Facilities for Children.
(0): Integral facilities, as defined in Section 20.03.030, serving seven or more adults, are
classified as residential care facilities general. Residential care facilities, general, would
normally be prohibited in all residential zones as a group residential use, but may be
permitted with a use permit in the R -1.5, R -2 and MFR zones to facilitate housing for
persons with disabilities.
(P): No residential use that includes the provision of services to residents may offer services
to nonresidents.
(Q): Certain group residential uses for persons with disabilities may be permitted as a
reasonable accommodation under Chapter 20.98: Reasonable Accommodations.
Ell
ya
Section 20.35.030 (Planned Community Districts)
20.35.030 PC District: Land Use Regulations
A. Existing Uses. Land uses existing at the time of establishment of a PC District
shall be permitted to continue as a nonconforming use, pursuant to Chapter 20.62:
Nonconforming Structures and Uses. Existing land uses shall either be
incorporated as part of the development plan or shall terminate in accordance with
a specific abatement schedule submitted and approved as part of the development
plan. Existing land uses which are prohibited by any provisions of this code shall
be terminated prior to final approval of the development plan.
B. New Uses. No use, other than a use existing at the time of establishment of a PC
District, shall be permitted in a PC District except in accord with a valid PC
development plan. Any permitted or conditionally permitted use authorized by
this code and consistent with the General Plan land use designation or
designations for land within the PC District may be included in an approved PC
development plan.
Exceptions:
1. The Planning Director may approve temporary uses and structures
pursuant to Section 20.60.015: Temporary Structures and Uses.
2. Residential Care Facilities, Small Licensed, shall be permitted if
residential uses are otherwise permitted by the PC development plan.
Section 20.41.050 (Newport Shores)
20.41.050 Residential Development: Land Use Regulations
The following schedule establishes the land uses defined in Chapter 20.05 as permitted or
conditionally permitted in the Newport Shores Specific Plan District residential development
areas, and includes special requirements, if any, applicable to specific uses. The letter "P"
designates use classifications permitted in the Newport Shores Specific Plan District residential
development areas. 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. 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.
m
53
Residential Development: Land Use Regulations
P = Permitted
UP = Use permit
PDN = Use permit issued by the Planning Director
L = Limited (see Additional Use Resulations)
- -• = Not Permitted
Residential Additional
RESIDENTIAL
(A), (B), (C),LK]
DAY CARE, LIMITED
(H)
-LARGE FAMILY CHILD CARE HOMES
PD/U
-SMALL FAMILY CHILD CARE HOMES
L-31,
GROUP RESIDENTIAL
_
am
MULTI - FAMILY RESIDENTIAL
L -1
(D)
PAROLEE/PROBATIONER HOME
RESIDENTIAL CARE FACILITIES. GENERAL
UP
(I)- (JI
RESIDENTIAL CARE FACILITIES,1IMLTEB SMALL LICENSED
P
M. Jl
SINGLE FAMILY RESIDENTIAL
P
{B); (E)
TWO- FAMILY RESIDENTIAL
P
(B)
VACATION HOME RENTAL
P
(D)
PUBLIC AND SEMI - PUBLIC (A), (B), (C), (K)
CLUBS AND LODGES UP
UTILITIES, MINOR P
ACCESSORY USES (A), (B), (C)
ACCESSORY STRUCTURES AND USES PlUP (F)
TEMPORARY USES (A), (B), (C)
PERSONAL PROPERTY SALES P (G)
REAL ESTATE OFFICES, TEMPORARY L-2
Residential Development: Additional Land Use Regulations
L -I Use permit required for multi - family residential uses containing three or more dwelling
units. The Planning Commission before approving a use permit for any development
containing three or more dwelling units shall find:
That the development will not be detrimental to or out of character with the
surrounding development.
2. That the development does not exceed the density, height, and floor area limits
established in this section.
3. That in addition to the basic outdoor living space requirement of ten percent of the
buildable area, there will be additional outdoor living space.
L -2 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.
we..--, —H-ft otherwise perwifted by this eede fflay be used
o-
securing of-
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.
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 20.60.100: Home Occupations in Residential Districts.
(G) See Section 20.60.120: Personal Property Sales in Residential Districts.
(H) See Section 20.60.130: Day Care Facilities for Children.
(1): Integral facilities, as defined in Section 20.03.030, serving seven or more adults, are
classified as residential care facilities, general. Residential care facilities, general, would
normally be prohibited in all residential zones as a groin residential use, but may be
permitted with a use permit in the R -1.5, R -2 and MFR zones to facilitate housing for
persons with disabilities.
(J): No residential use that includes the provision of services to residents may offer services
to nonresidents.
(K): Certain group residential uses for persons with disabilities made permitted as a
reasonable accommodation under Chapter 20.98: Reasonable Accommodations.
A-l< 65
Section 20.43.050 (Cannery Village /McFadden Square - Commercial)
B. The following schedule establishes the land uses defined in Chapter 20.05 as
permitted or conditionally permitted in Cannery Village/McFadden Square
Specific Plan District, and includes special requirements, if any, applicable to
specific uses. The letter To designates use classifications permitted in Cannery
Village/McFadden Square Specific Plan District. 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. 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.
Cannery Village/McFadden Square Specific Plan District:
Commercial Land Use Regulations
P Permitted
UP = Use permit
PDN = Use permit issued by the Planning Director
L = Limited (see Additional Use Reeulations)
-- = Not Permitted
SR RMC RSC Additional
Regulations
RESIDENTIAL (A), (B), (C),
(D), (I)JO
GROUP RESIDENTIAL _ (0). (P)
SINGLE FAMILY RESIDENTIAL L -1 L -1 L -I
MULTI - FAMILY RESIDENTIAL L -1 L -I L -1
PAROLEE/PROBATIONER HOME —
RESIDENTIAL CARE FACILITIES. GENERAL I110 L;10 LL =10 (0). (P)
RESIDENTIAL CARE FACILITIES, SMALL LICENSED LL =1 LL =I L_1 (0). (P)
TWO - FAMILY RESIDENTIAL L -1 L -1 L -1
VACATION HOME RENTAL L-1 L-I LL =I N
PUBLIC AND SEMI - PUBLIC (A), (B), (C), (I),
M
CLUBS AND LODGES UP UP UP (E), (M)
CULTURAL INSTITUTIONS UP L -5 UP (M)
DAY CARE, GENERAL - -- - -- UP
GOVERNMENT OFFICES - -- UP UP
MARINAS - -- P - -- (E)
5(,p
Cannery Vtllage/McFadden Square Specific Plan District:
Commercial Land Use Regulations
P = Perndtted
UP = Use permit
PD/U = Use permit issued by the Planning Director
L = Limited (see Additional Use Regulations)
- -- = Not Permitted
SR RMC RSC Additional
Regulations
RELIGIOUS ASSEMBLY - -- - -- UP
UTILITIES, MINOR P P P
COMMERCIAL USES
P
- --
(A), (B), (C), (I),
-BOAT STORAGE
- --
P
- --
(E), (I)
ANIMAL SALES AND SERVICES
- --
P
- --
(E), (I)
- ANIMAL GROOMING
- --
UP
UP
(E), (I)
-ANIMAL HOSPITALS
—
UP
UP
(E)
- ANIMAL RETAIL SALES
- --
UP
UP
(J)
ARTISTS' STUDIOS
P
- --
- --
BANKS /SAVINGS AND LOANS
P
L-7
P
(J)
CATERING SERVICES
P
P
P
(G)
COMMERCIAL RECREATION AND ENTERTAINMENT
- --
UP
UP
(J), (M)
EATING AND DRINKING ESTABLISHMENTS
UP
UP
UP
-FULL SERVICE, HIGH TURNOVER
UP
UP
UP
(F), (J), (M)
-FULL SERVICE, LOW TURNOVER
UP
UP
UP
(F), (J), (M)
-FULL SERVICE, SMALL SCALE
PD/U
PD/U
PD/U
(F), (J), (M)
- TAKE -OUT SERVICE
UP
UP
UP
(F), (J), (M)
-TAKE -OUT SERVICE, LIMITED
PD/U
PD/U
PD/U
(F), (J), (M)
- ACCESSORY
P
P
P
(F), (J), (M)
-BARS AND COCKTAIL LOUNGES
UP
UP
UP
(M)
FOOD AND BEVERAGE SALES
- --
—
P
(M)
MARINE SALES AND SERVICES
-BOAT RENTAL AND SALES
P
- --
(E), (I)
-BOAT STORAGE
- --
P
- --
(E), (I)
-BOAT YARDS
- --
P
- --
(E), (I)
- ENTERTAINMENT AND EXCURSION SERVICES
L -9
L -9
L -9
(E), (I)
- MARINE SERVICE STATION
- --
UP
- --
(E)
- RETAIL MARINE SALES
- --
P
OFFICES, BUSINESS AND PROFESSIONAL
L -2
L -4
L -2
PERSONAL IMPROVEMENT SERVICES
UP
L -5
UP
(J)
PERSONAL SERVICES
- --
L -7
P
(G)
-DRY CLEANERS
- --
—
UP
- LIMITED
P
L -7
P
-SELF SERVICE LAUNDRIES
- --
- --
UP
M
51
Cannery Village/McFadden Square Specific Plan District:
Commercial Land Use Regulations
P = Permitted
UP = Use permit
PD/U = Use permit issued by the Planning Director
L = Limited (see Additional Use Reeulations)
- -- = Not Permitted
RETAIL SALES
TRAVEL SERVICES
VISITOR ACCOMMODATIONS
-BED AND BREAKFAST INNS
- HOTELS, MOTELS AND TIME - SHARES
INDUSTRIAL
INDUSTRY, CUSTOM
INDUSTRY, LIMITED
INDUSTRY, MARINE - RELATED
ACCESSORY USES
ACCESSORY STRUCTURES AND USES
TEMPORARY USES
ANIMAL SHOWS
CHRISTMAS TREE/PUMPKIN SALES
CIRCUSES AND CARNIVALS
COMMERCIAL FILMING, LIMITED
FAIRS AND FESTIVALS
HELIPORTS, TEMPORARY
OUTDOOR STORAGE & DISPLAY, TEMPORARY
REAL ESTATE OFFICES, TEMPORARY
RECREATION AND ENTERTAINMENT EVENTS
TRADE FAIRS
SR RMC RSC Additional
,3 P P
P L -6 P
PD/U PD/U PD/U
UP UP UP (K)
(A), (B), (C), (1)
L -7
- --
--- Lr7
- --
P
--- UP
UP
(E)
(A), (B), (C)
P/UP P(UP P(UP
Cannery Village/McFadden Square Specific Plan District:
Additional Commercial Land Use Regulations
L -1 Limited to above the first floor, where the first floor is occupied by a permitted use or use
permitted with a use permit.
L -2 Business and professional offices not providing services to the general public or not
ancillary to an otherwise permitted use, such as corporate offices, shall be permitted only
above the first floor.
S�
(A), (i3), (C)
P
P
P
(H)
L -8
L -8
L -8
(B)
P
P
P
(H)
P
P
P
(H)
P
P
P
(H)
Lr8
L -8
L -8
(L)
P
—
P
(1)
L -8
L -8
L -8
(B)
P
P
P
(H)
P
P
P
(H)
Cannery Village/McFadden Square Specific Plan District:
Additional Commercial Land Use Regulations
L -1 Limited to above the first floor, where the first floor is occupied by a permitted use or use
permitted with a use permit.
L -2 Business and professional offices not providing services to the general public or not
ancillary to an otherwise permitted use, such as corporate offices, shall be permitted only
above the first floor.
S�
L -3 Limited to businesses retailing in goods generally oriented to the casual pedestrian
shopper, including antiques, books, clothing, hand crafted items, hobby materials,
jewelry, stationary, and works of art. All other uses are subject to the approval of the
Planning Director for compatibility with the objectives of this district.
L -4 Marine - related facilities permitted as an incentive use; other facilities in this use
classification permitted when in conjunction with an incentive use under the provisions of
Section 20.60.080: Marine Incentive Uses.
L -5 Marine- related facilities permitted with a use permit as an incentive use; other facilities in
this use classification permitted with a use permit when in conjunction with an incentive
use under the provisions of Section 20.60.080: Marine Incentive Uses.
L -6 Permitted when in conjunction with an incentive use under the provisions of Section
20.60.080: Marine Incentive Uses.
L -7 Permitted with a use permit when in conjunction with an incentive use under the
provisions of Section 20.60.080: Marine Incentive Uses.
L -8 Subject to the approval of the Planning Director.
L -9 Permitted, provided operations have first secured a marine activities permit issued by the
Harbor Resources Director (see Chapter 17.10 of the Municipal Code).
L -10 Limited to above the first floor, where the first floor is occupied by a permitted use or use
permitted with a use permit: use permit required.
(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) In areas designated for commercial or retail uses and subject to a variable floor area ratio,
residential uses are permitted on the second floor or above only. No residential uses shall
be permitted in the commercial area subject to a fixed floor area ratio, specifically the
shopping center located immediately southwesterly of the intersection of Newport
Boulevard and 32nd Street on Parcels 1, 2, and 3 of Record of Survey 35 -25 filed with
the Orange County Recorder.
(E) See Section 20.60.070: Waterfront Development Regulations and Section 20.60.080:
Marine Incentive Uses.
(F) See Chapter 20.72: Eating and Drinking Establislunents.
q't
5q
(G) Independent massage establishments not permitted (See Chapter 20.87: Massage
Establishments).
(H) Special event permit required, see Chapter 5.10 of the Municipal Code.
(I) See Section 20.60.105: Outdoor Storage & Display.
(J) See Section 20.60.085: Uses Requiring City Manager Approval.
(K) See Chapter 20.84: Time Share Developments.
(L) See Section 20.60.055: Heliports and Helistops.
(M) See Chapter 20.89: Alcoholic Beverage Outlets.
(N) Permitted 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.
(0): Integral facilities, as defined in Section 20.03.030, serving seven or more adults, are
classified as residential care facilities, general. Residential care facilities, general, would
normally be prohibited in all residential zones as a group_ residential use, but may be
permitted with a use permit to facilitate housing for persons with disabilities.
(P): No residential use that includes the provision of services to residents may offer services
to nonresidents.
(Q): Certain group residential uses for persons with disabilities may permitted as a
reasonable accommodation under Chapter 20.98: Reasonable Accommodations.
Section 20.43.060 (Cannery Village /McFadden Square - Residential)
20.43.060 Residential Land Use Regulations
A. Land Use Designations. The following residential land use designations are
established:
SP -6 (R -1) District.
SP -6 (R -2) District.
60
SP -6 (MFR) District.
These designations preserve the existing residential districts within the Cannery
Village/McFadden Square Specific Plan District, and maintain the development
standards that have guided the orderly development of these districts.
The designations, locations and boundaries of these uses are delineated upon the map
entitled "Cannery Village /McFadden Square Specific Plan District, Land Use Plan Map ",
which map and all information and notations thereon are made a part of this section by
reference.
B. In the following schedule, the letter "P" designates use classifications permitted in
the Cannery Village/McFadden Square Specific Plan District residential areas.
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 "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. 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.
Cannery Village/McFadden Square Specific Plan District:
Residential Land Use Regulations
R -1 R -2 MFR Additional
Regulations
RESIDENTIAL (A), (B), (C),
(H)
DAY CARE, LIMITED
(D)
-LARGE FAMILY CHILD CARE HOMES
PD /U
PD/U
PD/U
-SMALL FAMILY CHILD CARE HOMES
1x41?
L-1P
b4P
GROUP RESIDENTIAL
-
=
_
(F). (G)
MULTI - FAMILY RESIDENTIAL
P
PAROLEE/PROBATIONERHOME
RESIDENTIAL CARE. GENERAL
-
UP
UP
(F). (G)
RESIDENTIAL CARE FACILITY. SMALL LICENSED
-
_
_
(F). (G)
SINGLE FAMILY RESIDENTIAL
P
P
P
TWO - FAMILY RESIDENTIAL
- --
P
- --
VACATION HOME RENTAL
_
P
P
iE1
COMMERCIAL
(A), (B), (C)
VEHICLEIEQUIPMENT SALES AND SERVICES
- COMMERCIAL PARKING FACILITY
UP
UP
UP
n
U1
Cannery VillagelMcFadden Square Specific Plan District:
Residential Land Use Regulations
ACCESSORY USES
ACCESSORY STRUCTURES AND USES
R -1 R -2 MFR Additional
P/UP P/UP P/UP
Cannery Village/McFadden Square Specific Plan District:
Additional Residential Land Use Regulations
L -I Permitted by right.
(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) See Section 20.60.130: Day Care Facilities for Children.
(E) Permitted subject to the securing of:
(A), (B), (C)
1. A Business License ursuant 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 ChVter 5.95 of the Municipal Code.
F): Integral facilities, as defined in Section 20.03.030, serving seven or more adults, are
classified as residential care facilities, general. Residential care facilities, general, would
normally be prohibited in all residential zones as a group residential use, but maybe
permitted with a use permit in the R -1.5. R -2 and MFR zones to facilitate housing for
persons with disabilities.
(G): No residential use that includes the provision of services to residents may offer services
to nonresidents.
(H): Certain group residential uses for persons with disabilities may be permitted as a
reasonable accommodation under Chapter 20.98: Reasonable Accommodations.
M
al I
Section 20.44.035 (Santa Ana Heights — REQ District)
B. Principal Uses Permitted.
The following principal uses are permitted.
a. Single family detached dwellings or single family mobile homes
(one per building site).
b. Residential care, small licensed.
C. Parks, playgrounds, and athletic fields (noncommercial).
d. Riding and hiking trails.
e. Small family child care homes (See Section 20.60.130: Day Care
Facilities of Children).
2. The following principal uses are permitted subject to the approval of a use
permit by the Planning Director per Chapter 20.91:
a. Communication transmitting, reception, or relay facilities.
b. Public /private utility buildings and structures.
C. Large family child care homes (See Section 20.60.130: Day Care
Facilities of Children).
3. The following principal uses are permitted subject to the approval of a use
permit by the Planning Commission per Chapter 20.91:
a. Fire and police stations.
b. Churches, temples, and other places of worship.
C. Educational institutions.
d. Libraries.
e. Any other use which the Planning Commission finds consistent with
the purpose and intent of this district.
f. Residential care facilities. general.
Section 20.44.040 (Santa Ana Heights - RSF District)
B. Principal Uses Permitted.
The following principal uses are permitted:
0
M
a. Single- family detached dwellings or single family mobile homes (one per
building site);
b. Residential care, small licensed.
C. Parks, playgrounds, and athletic fields (noncommercial);
d. Riding and hiking trails.
C. Small family child care homes (See Section 20.60.130: Day Care Facilities
of Childrenl.
2. The following principal uses are permitted subject to the approval of a use permit
by the Planning Director per Chapter 20.91:
a. Communication transmitting, reception, or relay facilities;
b. Public/private utility buildings and structures;
C. Large family child care homes (see Section 20.60.130 (Day Care Facilities
for Children)).
3. The following principal uses are permitted subject to the approval of a use permit
by the Planning Commission per Chapter 20.91:
a. Fire and police stations;
b. Churches, temples, and other places of worship;
C. Any other use which the Planning Commission finds consistent with the
purpose and intent of this district.
Section 20.45.030 (Central Balboa)
B. The following schedule establishes the land uses defined in Chapter 20.05 as
permitted or conditionally permitted in Central Balboa Specific Plan District, and
includes special requirements, if any, applicable to specific uses. The letter "P"
designates use classifications permitted in Central Balboa. 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. Letters in parentheses in the "Additional
Regulations" column refer to "Additional Use Regulations" following the
lD `
schedule. Where letters in parentheses are opposite a use classification heading,
referenced regulations shall apply to all use classifications under the heading.
Central Balboa: Land Use Regulations
P = Permitted
UP = Usepermit
PD/U = Use permit issued by the Planning Director
L = Lmnited (see Additionat lath Use ttee lstl)
- -- = Not Permitted
RSC RP R -2 MFR GEIF OS Additional
Regulations
RESIDENTIAL (A), (B), (C),
I (M). (U)
DAY CARE, LIMITED (Q)
-LARGE FAMILY CHILD HOMES
- --
- --
PDJU
PDIU
- --
- --
-SMALL FAMILY CHILD CARE HOMES
- --
- --
L40P
LT49P
- --
- --
GROUP RESIDENTAL
_
—
—
_
_
_
(S). (T)
MULTI - FAMILY RESIDENTIAL
L -I
- --
—
P
- --
- --
PAROLEE/PROBATIONER HOME
_
--
RESIDENTIAL CARE FACILITIES.
LL =11
UP
IJP
LIP
GENERAL
RESIDENTIAL CARE FACILITIES, LIMITED
—LVI
P
P
P
- --
(S). (T)
SMALL LICENSED
SINGLE FAMILY RESIDENTIAL
L -1
P
P
P
- --
L -2
TWO - FAMILY RESIDENTIAL
L -1
P
P
P
- --
- --
VACATION HOME RENTAL
L =I
P
P
P
_
(R)
PUBLICAND SEMI - PUBLIC
(A), (B), (C),
I
(M), (U)
CLUBS AND LODGES
P
L -3
L -3
L -3
L -4
- --
(0)
CONVALESCENT FACILITIES
UP
UP
- --
- --
(D)
CULTURAL INSTITUTIONS
- --
- --
- --
- --
L-4
- --
(0)
DAY CARE, GENERAL
UP
---
- --
---
--
(D), (Q)
GOVERNMENT OFFICES
P
- --
- --
- --
L -4
- --
HELIPORTS
UP
UP
UP
UP
L -4
UP
(E)
HOSPITALS
- --
- --
- --
- --
L-4
- --
MARINAS
P
—
---
---
UP
(F)
PARK AND RECREATION FACILITIES
P
L -3
L -3
L -3
- --
P
PUBLIC SAFETY FACILITIES
UP
- --
- --
- --
L -4
RELIGIOUS ASSEMBLY
L -5
- --
- --
- --
L -4
- --
UP
LIP
UP
I#
—
—
SCHOOLS, PUBLIC AND PRIVATE
- --
- --
- --
L -4
- --
UTILITIES, MAJOR
UP
UP
UP
UP
Ir4
UP
UTILITIES, MINOR
P
P
P
P
P
P
MA
65
Central Balboa: Land Use Regulations
P = Permitted
UP = Use permit
PD /U = Use permit issued by ate Planning Director
L = Limited (see Additional land Use ResulatioW
-- = Not Permitted
RSC RP R -2 MFR GEIF OS Additional
Regulations
COMMERCIAL USES (A), (B), (C),
I (M),5Ul
ANIMAL SALES AND SERVICES
- ANIMAL GROOMING
PD/U
-ANIMAL HOSPITALS
UP
-ANIMAL RETAIL SALES
PD/U
ARTISTS' STUDIOS
P
BANKS /SAVINGS AND LOANS
P
CATERING SERVICES
P
COMMERCIAL FILMING
UP
COMMERCIAL RECREATION AND
UP
ENTERTAINMENT
EATING AND DRINKING
ESTABLISHMENTS
-FULL SERVICE, HIGH TURNOVER
UP
-FULL SERVICE, LOW TURNOVER
UP
-FULL SERVICE, SMALL SCALE
PD /U
- TAKE -OUT SERVICE
UP
-TAKE -OUT SERVICE, LIMITED
PD/U
- ACCESSORY
P
-BARS AND COCKTAIL LOUNGES
UP
FOOD AND BEVERAGE SALES
P
FUNERAL AND INTERNMENT SERVICES
UP
MAINTENANCE AND REPAIR SERVICES
P
MARINE SALES AND SERVICES
-BOAT RENTAL, AND SALES
UP
- ENTERTAINMENT AND EXCURSION
L -I110
SERVICES
- MARINE SERVICE STATION
PD/U
- RETAIL MARINE SALES
P
NURSERIES
P
OFFICES, BUSINESS AND PROCESSIONAL
P
PAWN SHOPS
P
PERSONAL IMPROVEMENT SERVICES
PD/U
PERSONAL SERVICES
P
-DRY CLEANERS
P
-DRY CLEANERS (COLLECTION ONLY)
P
--- - -- --- --- - --
P --- - -- - -- --- (D), (G)
- -- - -- --- - -- ---
UP – – --- - -- (D)
– (G)
--- --- --- --- L -6 (G), (0)
(G), (H), (I), (0)
- -- --- - -- - -- --- (G), (H), (1), (0)
– – (G), (H), (1), (0)
- -- - -- --- --- --- (G), (H), (1), (0)
- -- - -- - -- - -- --- (G), (H), (1), (0)
– P -- (G), (H), (1), (0)
--- --- - -- - -- - -- (G), (H), (1), (0)
– (0)
P - -- - -- — (D), (M)
- -- - -- --- --- - -- (F), (M)
--- --- - -- --- - -- (F)
– (F)
P - -- - -- - -- (D)
- -- - -- --- - -- - -- (G)
UP - -- - -- - -- (D), (G)
P – – (D), (H)
--- --- --- --- ---
--- --- - -- - -- ---
ra
■
Central Balboa: Land Use Regulations
P = Permitted
UP = Use permit
PD /U = Use permit issued by the Planning Director
L = Limited (see Additional Land Use Regulations)
-- = Not Permitted
ACCESSORY USES
ACCESSORY STRUCTURES AND USES
TEMPORARY USES
ANIMAL SHOWS
CHRISTMAS TREE/PUMPKIN SALES
CIRCUSES AND CARNIVALS
COMMERCIAL FILMING, LIMITED
FAIRS AND FESTIVALS
PERSONAL PROPERTY SALES
OUTDOOR STORAGE, TEMPORARY
REAL ESTATE OFFICES, TEMPORARY
RECREATION & ENTERTAINMENT
EVENTS
TRADE FAIRS
(A), (B), (C)
P/UP P/UP P/UP PIUP P/UP - -- (L)
(A), (B), (C)
P
RSC
RP
R -2 MFR GEIF
OS Additional
Regulations
- FORTUNE TELLING
P
P
- -- - -- - --
- -- (D)
-SELF SERVICE LAUNDRIES
UP
- --
— - --
- --
POSTAL SERVICES
P
P
- -- - -- —
— (D)
PRINTING AND DUPLICATING SERVICES
P
P
- -- - -- - --
- -- (D)
RETAIL SALES
P
- --
- -- - -- - --
- --
SECOND HAND APPLIANCES /CLOTHING
PD/U
- --
- -- - -- - --
- -- (G)
TRAVEL SERVICES
P
P
— - --
- -- (D)
VEHICLE/EQUIPMENT SALES AND
SERVICES
- AUTOMOBILE RENTALS
L -7
- --
— - --
- --
- COMMERCIAL PARKING FACILITY
PD/U
L -8
L -8 L-8 L-4
—
VISITOR ACCOMMODATIONS
-BED AND BREAKFAST INNS
PD/U
UP
UP UP - --
- --
- HOTELS, MOTELS AND TIME - SHARES
UP
- --
- -- - -- - --
- --
-SRO RESIDENTIAL HOTELS
UP
- --
- -- UP - --
- --
ACCESSORY USES
ACCESSORY STRUCTURES AND USES
TEMPORARY USES
ANIMAL SHOWS
CHRISTMAS TREE/PUMPKIN SALES
CIRCUSES AND CARNIVALS
COMMERCIAL FILMING, LIMITED
FAIRS AND FESTIVALS
PERSONAL PROPERTY SALES
OUTDOOR STORAGE, TEMPORARY
REAL ESTATE OFFICES, TEMPORARY
RECREATION & ENTERTAINMENT
EVENTS
TRADE FAIRS
(A), (B), (C)
P/UP P/UP P/UP PIUP P/UP - -- (L)
(A), (B), (C)
P
- -- - -- - -- P
P
(K)
L-9
- -- - -- - -- ---
- --
(B)
P
- -- °- P
P
(K)
P
--- --- --- P
P
(K)
P
--- - -- - -- P
P
(K)
P P P - --
- --
(P)
P
- -- - -- - -- - --
---
(M)
L -9
L -9 L -9 L -9 - --
- --
P
P
P
(K)
P
- -- - -- --- P
P
(K)
Central Balboa Specific Plan: Additional Land Use Regulations
L -1 See Section 20.45.035 (B).
0
1p1
L -2 Permitted as a security guard or caretakers residence.
L -3 Limited to facilities developed as part of a residential development.
L -4 In GEIF and OS districts, approval of a use permit in accordance with the provisions of
Chapter 20.91 for the establishment of any new use permitted by this section, or any
expansion or changes in the operational characteristics of an existing use within this
zoning district, unless said use is owned and or operated by a governmental agency that is
exempted from the provisions of this section by constitutional or statutory law, and is
acting in its governmental capacity.
L -5 Limited to facilities occupying less then 5,000 square feet; use permit required.
L -6 Permitted with a use permit as part of a park or recreational facility.
L-7 Offices only, no vehicles stored on premises.
L -8 Permitted only when adjacent to a commercial district.
L -9 Subject to the approval of the Planning Director.
L -10 Permitted, provided operations have first secured a marine
activities permit issued by the Harbor Resources Director (see Chapter 17.10 of the Municipal
Code).
L -I 1 Limited to above the first floor, where the first floor is occupied by a permitted use or use
permitted with a use permit; use permit required.
(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) Commercial uses shall be permitted in the SP -8 (RP) District subject to the following
provisions:
1. Commercial uses are permitted on the ground floor only and on the front 50
percent of the lot.
2. The commercial portion shall be limited to a floor area ratio of 0.25.
3. The total gross floor area for all structures on any site shall not exceed 2.00.
N
4. Off - street parking for commercial uses shall be as specified in Section 20.45.050
(F).
(E) See Section 20.60.055: Heliports and Helistops.
(F) See Section 20.60.070: Waterfront Development Regulations.
(G) See Section 20.60.085: Uses Requiring City Manager Approval.
(H) See Chapter 20.82: Eating and Drinking Establishments.
(1) In addition to the findings established in Chapter 20.82, the Planning Director or
Planning Commission, as the case may be, shall make the following findings in order to
approve a drive -in, take -out or small -scale eating and drinking establishment:
That the operator of the food service use will be responsible for the clean-up of all
on -site and off -site trash, garbage and litter generated by the use.
2. That the operator of the food service use has submitted a practical program for
monitoring and implementing the clean-up of site and adjacent areas.
(J) Independent massage establishments not permitted (See Chapter 20.87: Massage
Establishments).
(K) Special event permit required, see Chapter 5.10 of the Municipal Code.
(L) See Section 20.60.100: Home Occupations in Residential Districts.
(M) See Section 20.60.105: Outdoor Storage & Display.
(N) See Chapter 20.84: Time Share Developments.
(0) See Chapter 20.89: Alcoholic Beverage Outlets.
(P) See Section 20.60.120: Personal Property Sales in Residential Districts.
(Q) See Section 20.60.130: Day Care Facilities for Children.
(R) Permitted 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 Cater 5.95 of the Municipal Code.
N
(S): Integral facilities, as defined in Section 20.03.030 serving seven or more adults, are
classified as residential care facilities, general. Residential care facilities, general, would
normally be Mhibited in all residential zones as a group residential use, but may be
permitted with a use permit in the R -1.5, R -2 and MFR zones to facilitate housing for
persons with disabilities.
(T): No residential use that includes the provision of services to residents may offer services
to nonresidents.
(U): Certain group residential uses for persons with disabilities may be ermitted as a
reasonable accommodation under Chapter 20.98: Reasonable Accommodations.
2?'
wAb
CHAPTER 20.91
USE PERMITS AND VARIANCES
Sections:
Page 20.91 -1
Use Permits and Variances
20.91.010 Purpose
20.91.015 Use Permit or Variance Requisite to Other Permits
20.91.020 Application for Use Permit, or Variance, o° cedefal Emeep fien ne....,;t
20.91.025 Duties of the Planning Director and the Planning Commission
20.91.030 Notice and Public Hearing
20.91.035 Required Findings
20.91.040 Conditions of Approval
20.91.045 Effective Date
20.91.050 Expiration, Time Extension, Violation, Discontinuance, and Revocation
20.91.055 Amendments and New Applications
20.91.060 Rights of Appeal
20.91.010 Purpose
This article provides the flexibility in application of land use and development regulations necessary
to achieve the purposes of this code by establishing procedures for approval, conditional approval, or
disapproval of use permit and variance applications.
Use permits are required for use classifications typically having unusual site development features or
operating characteristics requiring special consideration so that they maybe designed, located, and
operated compatibly with uses on adjoining properties and in the surrounding area.
Variances are intended to resolve practical difficulties or unnecessary physical hardships that may
result from the size, shape, or dimensions of a site or the location of existing structures thereon; from
geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from
street locations or traffic conditions in the immediate vicinity of the site. Variances maybe granted
with respect to property development regulations and performance standards, but do not extend to
land use regulations.
20.91.015 Use Perndt or Variance Requisite to Other Permits
No building permit or certificate of occupancy shall be issued in any case where a use permit, or
variance, or Fedeffd &eeptien n,. :. is required by the terms of this code unless and until such use
permit- or variance ar- Fedefa' Exee..6o °M� 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
exrnatr e
Page 20.91 -2
Use Permits and Variances
only in accordance with the terms and conditions of the use permit, or variance er °°dmm' °°eep`
Permit granted.
1 20.91.020 Application for Use Permit, or Variance, or Federal Eyieeption-Penuit
An application for a use permit, or variance, of Fedend Exeeptien Permit shall be filed in a manner
consistent with the requirements contained in Chapter 20.90, Application Filing and Fees.
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; or variances and FedeFW Exeeption ReffM ,
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.'
Exception. The City Council shall have final decision - making authority on
the applications for use permits; and variances
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; or variance e- Fede fal Exeeptio , D,......:. 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 and City Council. The Planning Director shall
report the discussion of the Planning Commission on a use permit or variance to the
City Council at the next regular meeting or within 5 days of the decision, whichever
occurs first. Upon rendering a decision on a use permit, the Planning Director shall
report to the Planning Commission and the City Council at the next regular meeting
or within 5 days of the decision, whichever occurs first.
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 300 feet of the boundaries of the site.
-12,
Page 20.91 -3
Use Permits and Variances
20.91.030 Notice and Pubtic Hearing
A. Public Hearings. The Planning Commission shall hold a public hearing on an
application for a use permit; or variance, .._ F°Ac wl �:ceY ":o Pafmit. 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; and variance;
and Federal Exee.tien 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:
Mailed or Delivered Notice.
a. Residential Districts. At least 10 days prior to the hearing or an
administrative decision, notice shall be mailed to the applicant and all
owners of property within 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 and provide to the City the
names and addresses of owners as required by this section.
b. Nonresidential Districts. At least 10 days prior to the hearing or an
administrative decision, notice shall be mailed to the applicant and all
owners of property within 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 2 conspicuous places
on or close to the property at least 10 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 10 days prior to the hearing.
D. Contents of Notice. The notice of public hearing or of the decision of the Planning
Director shall contain:
A description of the location of the project site and the purpose of the
application;
exa>Brr s
I-)
Page 20.91 -4
Use Permits and Variances
2. A statement of the time, place, and purpose of the public hearing or of the
purpose of the administrative decision;
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 public hearing or their rights of appeal in case of administrative
decisions.
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.
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 or variance if, on the basis of the application,
plans, materials, and testimony submitted, the Planning Commission or the Planning Director finds:
A. For Use Permits.
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.
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.
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.
EXHIBIT B
l
Page 20.91 -5
Use Permits and Variances
2. That the granting of the application is necessary for the preservation and
enjoyment of substantial property rights of the applicant.
That 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. That 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.
,! S
:R!fR!!RlS7:f
,! S
Page 20.91 -6
Use Permits and Variances
20.91.040 Conditions of Approval
The Planning Commission or the Planning Director, as the case maybe, may impose such conditions
in connection with the granting of a use permit; or variance, or Federal Exeepti^~ n°...,.: 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.
20.91.045 Effective Date
Use permits; and variances, ° ^aa I ... ;�eeptie ft Pe,-;..its- 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, or
variance or led —' ° °--t ^ D° ° * is made by the Planning Commission or the City Council.
EXHIBIT B
-I(v
Page 20.91 -7
Use Permits and Variances
20.91.050 Expiration, Time Extension, Violation, Discontinuance, and Revocation
A. Expiration. Any use permit; or variance, or Federal ❑xeeption n,... J' 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:
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.
B. Time Extension. The Planning Director may grant a time extension for a use permit;
or variance, 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; or variance, or Federal Exeeptie a� = =it
granted in accordance with the terms of this code may be revoked if any of the
conditions or terms of such use permit, or variant are
violated, or if any law or ordinance is violated in connection therewith.
D. Discontinuance. A use permit; or variant , 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.
20.91.055 Amendments and New Applications
A. Amendments. A request for changes in conditions of approval of a use permit; or
variance, or Fede ' n.,,., ptio~ Derma. or a change to plans that would affect a
condition of approval shall be treated as a new application. The Planning Director
Exwarr a
-11
Page 20.91 -8
Use Permits and Variances
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; or varianc,.-,--orr zderul
E*eeptiaft x °nit is disapproved, no new application for the same, or substantially
the same, use permit; or variant_ a .c: °�° =_°n_t shall be filed within
one year of the date of denial of the initial application unless the denial is made
without prejudice.
20.91.060 Rights of Appeal
A. Appeals. Decisions of the Planning Director may be appealed to the Planning
Commission and decisions of the Planning Commission may be appealed to the City
Council.
B. Procedures. Procedures for appeals shall be as prescribed by Chapter 20.95: Appeals.
euiIBrr B
11 x
Page 20.98 -1
Reasonable Accommodafion
20.98.010 Purpose.
20.98.015 Definitions.
20 98 020 Authority
20 98 025 Annlication for a Reasonable Accommodation_
20 98 030 Decision
--2098.035 Notice of Decision and Appeal
20 98 040 Ministerial Approval of Reasonable Accommodation For Unlicensed
Small Group Resi e e
20-98-045 Expiration Time Extension Violation Discontinuance an_ d Revoca_ti_o_n
20.98.050 Amendment&
In compliance with federal and state fair housing laws it is the City's policy to provide
reasonable accommodation in its zoning regulations when needed to provide an individual witha
disability an equal opportunity to use and enioy a residence or to avoid discrimination on the
basis of disability.
A Fair Housing Laws The Federal Fair Housing Act the Americans wi
Disabilities Act and California's Fair Em�lo�rnent and HousingAct as each Act
may amended frn time to time and each Act's implementinm re atio
R._____iu i �'dua �rri inability As more specifically defined unsier the fair h2using
awn. a person who has a physical or mental impairment that limits one or more
�naipr i e ac 'vities anvo>ae w1�o i� regazded as havinp.�at t�rne of impairment os
apyone wh has a record of that twe o impairment and dyes not include current
tl and use of a controlled u sta ce.
A. Requests for MinMis_terial Granting of lZeasqnabIe Acwmmo a 'on for Certain
�i2n 1s �iences The Zoning Admini ator may take ministerial action to
annr g,__cpnditionally annr�e _ or _sl �-1p
ica 'ons for reasona e
accommodation relating to group resjdential uces serving six or fewes_lndi� duals
with disabilities which meet the standards contained in Section 20.98.Q40 and
inc_]Wo- it 2nhvsical modifications to the site or any tructure
EXHIBrr C
1526\02\451731.26.12,2007 -I I
Page 20.95 -2
Reasonable Accommodation
l i 1 ye, cQnditionWly -mmye, or deny all other VWicgtiom for 1 _i
project, .1. } be rp3jewed as . 1 1'1 in StWen
20-98.025A.2 Maw.
1. Request fQr Reasonable
Ammmodation.
An
applirafion
of
.1. 1. and
I }'.
modwes
pmqdbed
for
} 1'
_1
} } 1 1 this Cgde,-=
..1 Uatign.for
}
} - acpQwm
11.
1J
ineWde gXfiALQwiM,
-L_D cumentation that the anvlica_nt 'a-an individual with a disability or is
uplvjng on behalf of an individual with a disa Aity or is a developer or
provider of housing for an individual with a disability,
to use and enjoy the residence
EXHIBIT C
1526 \02W51731.2_6.12.2007 ,* D
Page 20.98 -3
Reasonable Accommodation
111 1!. 11 1. • - !. - 1- .r. • 1 ,err -1 •r1 -
1 "1 1• 11 Sa ""1 I1 • 1 KAt 1 11 s-l•
tLe Zoning Admini-stu "tr.
WkWO
11 1 1 1 • I • 1'1 _
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• 1 1 1 1- • 1 1. r 1 L r / 1. I r I" r. - 1
11.4144105, -'solow.10 $mw 10
I.. that the howing, Xbicb _ r • -r • ►-y Ilcr
I bousing laws;
3 that the requested acco_m mndA n would notjmno a a_n undue financial or
a�tliinistrative burden on the City as such terms are defined in fair housi
laws and ix eroretive case law• an T
4 that the mgmste accommodation would not require a<fundamenta
aeration in the nature of he Citv'snine nmeram a such term
i £air housine laws and intemretive case law
D. CQast__al 7gne Properties or housine located in the Coasta�Zone a request for
e ona a accomm- Qdat3on under his se io>a�hafi -be annroved by the_�it if it i
�.usistent with the requisite findin_p5�ei forth• in C ah�ye with Chante.�3 2f�h
� ifornia oastal Act�f 1976 and with the lntetvretative Guidelines for �o�stal
�lannine and )?etm�s as established by the Califr rt nia Coastal Commissi�>ti date
Ebruary 11 1977 an anv subseau t amendments and the Loci Coastal
}mil �r-�a request for��onable ascco_ut�nQdation i not cansistent with the
�reeulatis>ns ent' ed in the naraeran abov the Citv may waive compliance
EXatarr c
1526102W51731.2 6.12.2007 O
Page 20.96 -4
Reasonable Accommodation
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EXHIBIT C
15261021451731.2_6.1 2.2007
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EXHIBIT C
15261021451731.2_6.1 2.2007
Page 20.98 -5
Reasonable Accommodation
_ •. "1 /) 11 • 1 1'J ,� ! _ -1 _fir / !- r 1 } i
Jr I 1" 1 )' 111 I '1 I- d _ •1} } }_• r 1 _J.
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r e or move
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EXHIBIT C
1526\02N451731.26.12.2007 c,
D
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r e or move
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EXHIBIT C
1526\02N451731.26.12.2007 c,
D
Page 20.98 -6
Reasonable Accommodation
6 The operator of the residential facility holds a business license nroyided
by the City.
The names of all persons and entities with an ownership or master
leasehold interest in the facility or who will participate in operation or
management of the facility, are disclosed in writing to the City and such
persons and entities do not have a pattern or practice of operating simil
acilities in violation of state or local law
all similar facilities in the State 2f Califomia owned Qr !)=atw by the
11- 1 L cgitfies . 1'
Alty 1 1- 1. -. 1. f4cilities hay
keM-fgmgdjy-Mtt-Qr local authorities to be op-emAing in Aglafion gf Mate
or lopal law, and such certifigAtLon is yerifjg�d by the / 1 Zoning
it-is wt a .. 1` bome, thg, nsidmu shall mW the followinx
standuds
/1 "1 as .._r 1 _1J facility, as 1IJ/
20M3.030 1 11' swdug mome than
2 Ik facility is not required to be licensed by the State of
alifomia and owner m Wagers operators and residents do not
pr–oyide onsite any services which would require lionsure of the
facility under California law.
2 if certification is available from a governmental a¢encv or
qualified nonprofit organization the facility has received or will
receive such certific 'o
_ —
11 . . 1 :111 . . – the — . 1 , .. -
of x. .
e facility is not a parolee- nrobationer home
F.XHIBrr C
1526 \02\451731.2_6.12.2007 �,p
Page 20.98 -7
Reasonable Accommodation
6 e operator of the residential facility holds a busing license
Provided by the City.
' 1 - mXfLmL-JIWk4,UMkl I I I 11_
071 LA
1 11' 11 1 1 1 .11 .I 1 1•
! 1/' 1. I I 1
!l1�i111JJ o l" 1 I••I '1 II 11 11 11 11111'1 -1
3. The use is established• or
h cases where a coastal Permit is required the time period shall not bee_in until
We effective date of annroyal of the coastal Permit
measonable acommodation /. a petiod or pgdods-mt Lo 11
no less tban thirty (39) dm or m udy (20) n! r 1 !' -, I 1
-Viglation of 1 i 1 1- 111111. 11. ?J .l -1 in acgordmg !
MBIT C
15265021451731.2_6.12.2007 p 5
D
Page 20.98 -8
Reasonable Accommodation
., 1 1 1 1 • 1 1 1 1 / 1 1 1 :1
1• 1 1 I -.! y 1 a t. •" •L t t t
1 1 1
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1 11
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EXHIBIT C
1526\02\451731,26.12.21)07
5
ATTACHMENT F
Correspondence
�l
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