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Residental Uses_CA2007-005-005 (PA2007-112)
CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT September 20, 2007 Meeting Agenda Item 3 SUBJECT: Residential Uses Code Amendment (PA 2007 -112) ■ Code Amendment No. 2007 -005 APPLICANT: City of Newport Beach CONTACT: Patrick J. Alford, Senior Planner (949) 644 -3235, palford @city.newport - beach.ca.us PROJECT SUMMARY An amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to: revise definitions, land use classifications, and regulations relating to group occupancies; revise land use regulations for public assembly and office uses in the Newport Shores (SP -4), Cannery Village /McFadden Square (SP -6), and Central Balboa (SP -8) Specific Plan Districts; add procedures for use permits in residential districts; and revise procedures for the amortization for all nonconforming uses in residential districts. RECOMMENDATION After public hearing and Planning Commission discussion, continue public hearing to October 4, 2007. Background On June 21, 2007, the Planning Commission held a public hearing on the proposed amendment. The Planning Commission directed staff and outside legal counsel to prepare a point -by -point response to the requests made by the Concerned Citizens of Newport Beach (CCNB) and incorporate them into the code amendment, whenever legally possible. The City later received additional comments from the West Newport Beach Association (WNBA), and requested that outside legal counsel also respond to these requests for revisions to the ordinance. At the August 23, 2007 meeting, the Planning Commission provided additional direction to staff. On September 11, 2007, the City Attorney recommended that new outside legal counsel be retained. The new legal counsel will work under the direction of the City Manager and will provide legal services to the Planning Commission and City Council only on the group occupancies ordinance. Current legal counsel, Goldfarb- Lipman, will provide the Group Occupancies Code Amendment September 20, 2007 Page 2 new legal counsel with all legal materials prepared to date and will work with the new legal counsel to ensure a smooth transition period. The new legal counsel is to be hired by September 25, 2007, and require time to get up to speed on the work already completed. Accordingly, the Planning Commission may wish to defer its recommendation on the group occupancies ordinance until such time as the new legal counsel is prepared to provide comment and direction on this matter. DISCUSSION 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 proposed amendment also provides stronger protections for preserving the character of residential neighborhoods, and by establishing specific criteria for all use permits in residential districts and by requiring the amortization of all nonconforming uses in residential districts. The main components of the proposed amendment are summarized as follows: ■ More specific and detailed land use classifications for group occupancies. ■ Eliminates the federal exemption permit procedures and replaces them with a use pen-nit requirement. Residential Care Facilities, General are limited to the MFR zone. ■ Requires a use permit for all residential care facilities, except for licensed facilities with 6 or fewer persons. ■ Adds provisions for "integral facilities," that are residential care facilities that are jointly operated as larger facilities. ■ Establishes new abatement procedures for all nonconforming uses in residential districts and shortens the maximum time period for abatement, after the use has been found to be nonconforming, from 5 to 2 years. ■ Adds new criteria for all use permit applications in residential areas to protect neighborhood character. ■ Establishes procedures for granting requests for reasonable accommodations for persons with disabilities. ■ Prohibits clubs and lodges and offices with services involving the assembly or meetings of 7 or more persons in the SP -4 (Newport Shores), SP -6 (Cannery Village /McFadden Districts. Proposed Revisions Group Occupancies Code Amendment September 20, 2007 Page 3 Square), and SP -8 (Central Balboa) The Planning Commission directed staff to establish an 'overlay zone" to identify residential areas with small lots, minimal setbacks, and narrow alleys. Conditional uses within the overlay zone would be subject to a stricter separation standard to protect the residential character of these neighborhoods. Staff performed an analysis by Statistical Area of lots with areas less than 5,000 square feet, the minimum lot size required by the Zoning Code. The analysis revealed that 62 to 100 percent of the residential lots in West Newport, Lido Isle, Balboa Peninsula, Balboa Island, and Corona del Mar are below the minimum lot area (see Exhibit 1). Staff also performed an analysis of alley widths. The analysis revealed alleys with widths of less than 20 feet in West Newport, Lido Isle, Balboa Peninsula, Balboa Island, Corona del Mar, and Newport Heights (see Exhibit 2). Using the lot area and alley width data, the Nonstandard Subdivision Map was created, which identifies Statistical Areas in West Newport, Lido Isle, Balboa Peninsula, Balboa Island, and Corona del Mar as having nonstandard lot areas and alley widths. The Nonstandard Subdivision Map will be incorporated into the proposed new Chapter 20.91A (Use Permits in Residential Districts). This chapter applies special requirements to use permits in residential zones to preserve the character of residential neighborhoods. This includes a separation requirement that no conditional use can be located within 75 feet of another conditional use, as measured from the exterior property lines of both uses. This separation requirement will be increased to 300 feet for areas included in the Nonstandard Subdivision Map. Other proposed changes include: • A global change to replace references to "unlicensed facilities" to "nonlicensed facilities." • The addition of a definition for "Bedroom" to Section 20.03.030. ■ Revisions to the definition of 'Integral Facilities" in Section 20.030.030 to tighten and clarify the intent. ■ Revisions to the definitions for "Nonconforming Structure" and "Nonconforming Use" in Section 20.03.030 to clarify the distinction between nonconforming structures and uses, and illegal structures and uses. ■ Revisions to the Residential Care Facilities, General land use classification (Section 20.05.030 (F)) to include "place" and "groups of places" in the definition. Group Occupancies Code Amendment September 20, 2007 Page 4 ■ Revisions to the Residential Care Facilities, Small Nonlicensed land use classification (Section 20.05.030 (H)) to include "place" and "groups of places" in the definition and to state that nonlicensed facilities that serve 6 or fewer persons that operate as part of integral facilities serving 7 or more persons are classified as Residential Care Facilities, General. ■ Deletion of Vacation Home Rental as a separate land use classification and the removal from the land use Vacation Home Rental from the land use regulation schedules. The existing language regarding short term rentals will remain. Short term rentals will be addressed in a separate code amendment. ■ Revisions to Section 20.62.030 (B) to emphasize that the burden is on the property owner to provide sufficient documentation that the use or structure was lawfully established and is nonconforming by reason of a code amendment or by annexation of territory to the City. ■ Revisions to Section 20.62.090 (A) to expand the exception to amortization period for Mufti- Family Residential uses and Two - Family Residential uses located in Residential Districts. Uses that are nonconforming only in terms of their density or parking or their use as Multi - Family Residential or Two - Family Residential will not be subject to abatement. ■ Revisions to Section 20.62.090 (B proceedings to occupants, as well subject property. & C) to require notice of abatement as property owners, within 300 of the ■ Revisions to Section 20.62.090 (E) requiring that if a use is deemed nonconforming solely to the lack of a use permit to submit a complete application for a use permit within one year following approval of the nonconforming use inventory. Furthermore, the filing of an application for a use permit will not extend the abatement period. ■ Revisions to Section 20.91.025 (D) to require notice of use permit and variance hearings to occupants, as well as property owners, within 300 of the subject property. ■ Revisions to proposed new Chapter 20.98 (Reasonable Accommodation) to grant the Planning Commission review authority for applications for a reasonable accommodation instead of the Zoning Administrator. ■ Revisions to proposed new Section 20.98.020 (B) to require additional documentation for applications for reasonable accommodations. ■ Revisions to proposed new Section 20.98.020 (C) to require the Planning Commission to consider character of the neighborhood, parking, traffic, and 4 Group Occupancies Code Amendment September 20, 2007 Page 5 other factors when making findings for applications for reasonable accommodations. 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: 4e_�6 Patrick J. Afford, Senior Planner Submitted by: I Slo — EXHIBITS (in the order they are referenced within the report) 1. Map: Residential Lots X5000 s. f. 2. Map: City of Newport Beach Alley Widths 3. Draft resolution 4. Exhibit A (Revisions to Chapters 20.03 — 20.45) 5. Exhibit B (Revisions to Chapter 20.91 — Use Permit and Variances) 6. Exhibit C (New Chapter 20.98 - Reasonable Accommodation) 7. Exhibit D (Revisions to Chapter 20.62 — Nonconforming Uses and Structures) 8. Exhibit E (New Chapter 20.91A — Use Permits in Residential Districts) 9. Correspondence received since Aug. 23, 2007 F: WSERSfPLMSharecAPA'sIPAs - 200nPA2007 -1 t2 S EXHIBIT 1 Map: Residential Lots X5000 s.f. 7 THIS PAGE INTENTIONALLY LEFT BLANK R 0 EXHIBIT 2 Map: City of Newport Beach Alley Widths THIS PAGE INTENTIONALLY LEFT BLANK IZ y..r U c� a� m..r L CL W O` 2 i, J I �j il% i •^ V !� i ilt fp �. d ..•�.J, d- + /a yam// /��� /'C ��''�4 f 4 �f �,. Y,� r �`1• e fib. \� \� 's�:•o•`.S /y-' ,� .. e, �' �IIIII al. z`I 0 EXHIBIT 3 Draft Resolution /5 THIS PAGE INTENTIONALLY LEFT BLANK N RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE ADOPTION OF CODE AMENDMENT NO. 2007 -005 AMENDING TITLE 20 OF THE MUNICIPAL CODE TO REVISE DEFINITIONS, LAND USE CLASSIFICATIONS, AND REGULATIONS RELATING TO GROUP OCCUPANCIES, TO CERTAIN ASSEMBLY USES IN WEST NEWPORT AND BALBOA PENINSULA COMMERCIAL DISTRICTS, AND TO USE PERMITS AND AMORTIZATION PROVISIONS FOR ALL USES IN RESIDENTIAL DISTRICTS (PA 2007 -112) 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 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. After consideration of testimony and documentation provided the Planning Commission continued the public hearing with directions for further action; and WHEREAS, continued public hearings were held on August 23, 2007 and on September 20, 2007 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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." VI City of Newport Beach Planning Commission Resolution No. _ Paae 2 of 7 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 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 City's Zoning Code 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. In the R -1.5, R -2, and MFR Districts near the beach, where group homes are clustered, most properties are narrow, not more than 30 feet wide, with buildings set back only three feet from the property line, resulting in neighboring windows less than six feet away from each other. Only one arterial roadway, Balboa Blvd., exists in the area. Other roads are only 30 feet wide, with alleys as narrow as 10 feet across. Because of these crowded conditions, and to implement the City's Land Use Element and to maintain the character of residential neighborhoods, the City does not permit group residential 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 and create impacts on residential neighborhoods from single housekeeping units. 6. To provide disabled persons with an equal opportunity to use and enjoy a home in the City's residential zoning districts, and in recognition of the services that 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. � ilb City of Newport Beach Planning Commission Resolution No. _ Page 3 of 7 7. The State of California requires that residential care facilities licensed to serve six or fewer persons must be treated as a single family home for all local zoning purposes, and the City does currently treat, and proposes to continue to treat, these facilities as single family homes. 8. The City has received evidence that, in several instances, two or more residential care facilities, which may each be licensed to serve six or fewer persons, or which may be unlicensed, may in fact be operating in duplexes and apartments in the same building or place 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 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 persons who are not residing in the dwelling unit, 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 and unlicensed residential care facilities are in fact serving no more than six persons. 9. The City's existing Zoning Code permits unlicensed residential care facilities serving six or fewer disabled persons to be located in residential districts. Citizens have reported an increasing number of unlicensed alcohol and drug recovery facilities located in the City; at least 18 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. State law requires a license for any facility providing a service designed to promote treatment and maintain recovery from alcohol or drug problems and may include any one of the following: detoxification, group sessions, individual sessions, educational sessions, and/or alcoholism or drug abuse recovery or treatment planning (9 CCR Section 10501(5)). Many facilities appear to be advertising such services but do not have a license. 10. 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 I� City of Newport Beach Planning Commission Resolution No. Paoe 4 of 7 secondhand smoke and creating litter from cigarette butts, and excessive noise, fighting, and loud offensive language. 11. The City desires to maintain zoning provisions benefiting disabled persons by allowing disabled persons to live in residential districts in group homes, while forbidding all other group homes in residential districts, but desires to ensure that the uses are consistent with the residential character of neighborhoods and are not detrimental to the public health and safety. The City further desires to ensure 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. To achieve these purposes, all new unlicensed group homes in residential neighborhoods must obtain a use permit. Further, larger group homes are limited to multifamily neighborhoods, whereas small group homes are also permitted in R -1.5 and R -2 neighborhoods. 12. To 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 alter the purpose of the City's adopted policies. 13. In accordance with its policy of providing disabled persons with 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. It is the policy of the state that each city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need. (California Health & Safety Code Section 11834.20.) Analysis by the City demonstrates that, based on the 2003 -2004 National Survey on Drug Use and Health, the City has approximately twice the licensed bed days needed on an annual basis. Consistent with the policy of the State, the local need for alcoholism and drug abuse recovery and treatment services has been met in Newport Beach. 14. The loss of residential characteristics of a. neighborhood in which group homes serving the disabled cluster has an adverse effect on the welfare of the individuals receiving services from the facility and defeats the purpose of community -based recovery. The American Planning Association's Policy Guide on Community Residences, which supports community residences, states that community residences should be scattered throughout residential districts rather than being concentrated on any single block or in any single neighborhood. If several group homes locate next to one another, or are placed on the same block, the ability of the group homes to achieve normalization and community integration would be ZQ City of Newport Beach Planning Commission Resolution No. Page 5 of 7 compromised. The existing social structure of a neighborhood can accommodate no more than one or two group homes on a single block. The Departments of Justice and Housing Urban Development have stated that a neighborhood composed largely of group homes could adversely affect individuals with disabilities and would be inconsistent with the objective of integrating persons with disabilities into the community. The California Research Bureau similarly found that facilities should be scattered throughout residential districts, and facilities so densely clustered as to recreate an institutional environment would defeat the purpose of community -based care. 15.The City's Zoning Code permits a variety of conditional uses in addition to group homes in residential neighborhoods. These include government offices, clubs and lodges, religious assembly, schools, nurseries, and bed and breakfast inns. The City's Zoning Code does not prevent overconcentration of these uses in residential neighborhoods. To preserve the character of the City's residential neighborhoods and to ensure that group homes are located in neighborhoods where normalization and community integration are possible, the City desires to adopt policies limiting the overconcentration of all conditional uses in residential neighborhoods and to require greater separation of conditional uses in residential areas characterized by nonstandard subdivisions, substandard lot widths and areas, minimal setbacks, and narrow streets and alleys. The City also desires to adopt specific criteria for the approval of such uses relating to traffic, parking, hours of operation, etc. to ensure that they do not cause adverse effects on nearby residents. Existing uses not conforming to the provisions in the amended zoning ordinance shall be required to comply with the amended ordinance within approximately two years to ensure that the City's goals in adopting these provisions are met. 16.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. 17. Convalescent homes, hospitals, and SRO residential hotels 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. 18. Services involving group assembly of seven or more persons, including clubs and lodges and such uses as youth and senior centers, particularly if they are operating in retail storefronts, are incompatible with the West Newport and Balboa Peninsula's commercial areas, which are intended to serve as pedestrian- oriented villages with a mixture of retail, visitor - serving, and marine - oriented commercial uses. "Z) City of Newport Beach Planning Commission Resolution No. Page 6of7 19. 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. 20.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. 21.On May 30, 2007, the City Council adopted Ordinance No. 2007 -10, extending the moratorium for a period of five months. 22. The code amendment is not is not subject to the California Environmental Quality Act (CEQA) because: A. The proposed code amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines). B. The proposed code amendment modifies the procedures for review of conditional uses in residential areas and establishes standards for granting a reasonable accommodation, as required by the Fair Housing Act. The code amendment also establishes specific conditions related to the operation of small unlicensed group homes, requires use permits for all unlicensed residential care facilities, and limits certain conditional uses in residential zoning districts. The code amendment also limits land uses involving group assembly in some commercial districts. None of these restrictions change the physical limitations applicable to properties (such as height, setback, etc.) nor do they expand the uses permitted in any zoning district. Rather, they are designed to apply standards to certain uses to ensure that they will not cause significant physical impacts. While a request for a reasonable accommodation could conceivably involve a physical change to the environment, the location and type of requests that will be made are not reasonably foreseeable, and the ordinance provides that any such request that involves a physical change must be accompanied by an application for a discretionary permit if otherwise required, allowing the environmental effects of the request to be reviewed. In addition, the federal Fair Housing Act currently requires that the City consider requests for reasonable accommodation, so that the addition of this chapter to the Zoning Code merely establishes procedures for the required review. C. The code amendment is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines). City of Newport Beach Planning Commission Resolution No. Paae 7 of 7 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, C, D, and E. PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF SEPTEMBER 2007. Robert Hawkins, Chairman Bradley Hillgren, Secretary AYES: NOES: V� EXHIBIT 4 Exhibit A (Revisions to Chapters 20.03 - 20.45) ZS THIS PAGE INTENTIONALLY LEFT BLANK 2b EXHIBIT A Section 20.03.030 Definitions Bedroom: An enclosed space in a structure that is designed such that it could be used for sleeping purposes and meets the room dimension requirements of the most recent edition of the Uniform Building Code, is not accessed directly from the garage, and has one or more windows. Block: An area of land that is bounded on all sides by streets or by streets and a shoreline. 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. 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. Caliper: The thickness of trees as measured in inches, feet, etc. Trunk diameter for trees up to 4 inches shall be measured 6 inches above the soil line, and all trees over 4 inches in diameter will be measured 54 inches above the soil line. Canon v: (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. Fair Housing Laws: The Federal Fair Housing Act, the Americans with Disabilities Act, and Califomia's Fair Employment and Housing Act, as each Act may be amended from time to time, and each Act's implementing regulations. Family. One or more persons living together as a single housekeeping unit Floor, Finished: The surface of a floor after the final installation or application of floor coverings or other surfacing materials. 1526 \02\179224.2_9.5.2007 Illumination. Indirect: Illumination by means only of light cast upon an opaque surface from a concealed source. Individual with a Disability: As more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. Integral Facilities. Two or more Residential Care Facilities (any combination of Small Licensed, Small Nonlicensed, or General), as defined in Section 20.05.030, which may or may not be on a single or 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 care facility, including, but not limited to, providing housing in one residential care facility and recovery, treatment, meals or other services in another residential care facility; by designating one residential care facility to provide recovery, treatment, meals or other services for several residential care facilities; or by assigning staff to serve more than one residential care facility located on the same site or within the same building. As defined by State law, all alcohol or drug abuse recovery or treatment services within any one place, site, or building shall be considered to be one residential care facility. Residential care facilities that are eligible to be licensed as a single facility under State law shall be considered to be 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. Nonconforming Structure: A structure that was lawfully erected, but which does not conform with the property development regulations prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City. A structure shall not be considered to have been "lawfully erected" and is an illegal structure if, at the time of construction or modification, it was constructed or modified without required permits, including but not limited to permits required by any federal, state, or local government agency. Nonconforming Use: A use of a structure or land that was lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City. A nonconforming use includes a use that was lawfully established and maintained but is conditionally permitted in the district and has not obtained a use permit. A use shall not be considered to have been "lawfully established and maintained" if it was established without required permits or licenses or has been operated at any time without required permits or 2 1526 \02\179224.2_9.5.2007 licenses. The required permits and licenses include, but are not limited to, those required by any federal, state, or local government. Shopping Center: A grouping of retail business and service uses on a single site with common parking facilities. Single Housekeeping Unit: The functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the unit is rented, all adult residents are parties to one written lease or rental agreement with joint responsibility for payment of rent. 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: A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use. Slope: An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. 3 1526 \02\479224.2_9.52007 Section 20.05.030 Residential Use Classifications A. Boarding or Rooming House. A residence or dwelling unit, or part thereof, wherein two or more rooms are rented under two or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. B. Day Care, Limited. 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. 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. C. Group Residential. Shared living quarters, occupied by two or more persons not living together as a single housekeeping unit. This classification includes, without limitation, boarding or rooming houses, dormitories, fraternities, sororities, and private residential clubs, but excludes residential care facilities (general, small licensed, and small nonlicensed) and residential hotels (see Single -Room Occupancy (SRO) Residential Hotels, Section 20.05.050(EE)(4)). D. Multifamily Residential. Three or more dwelling units on a site. This classifica- tion includes mobile home and factory-built housing. E. Parolee - Probationer Home. Any 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 by the 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 custody, as defined in Penal Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; C) an adult or juvenile sentenced to a term in the California 1526 \02\479224.2_9.5.2007 Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer; or D) any individual who has been convicted of a felony, sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction of any federal, state, or County parole or probation officer. For the purposes of this paragraph, "felony" means a felony as defined by any California or United States statute. F. Residential Care Facilities, General. Any place, site or building, or groups of places, sites or buildings, including integral facilities (as defined in Section 20.03.030), licensed or nonlicensed, in which seven or more individuals with a disability reside who are not living together as a single housekeeping unit and who have agreed to reside in the facility for 31 days or more, and in which every person residing in the facility, excluding any licensee, members of the licensee's family, or persons employed as facility staff, is an individual with a disability. G. 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 purposes. 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 residential care facilities, general.) H. Residential Care Facilities, Small Nonlicensed. Any place, site or building, or groups of places, sites or buildings, which is not licensed by the State of California and is not required by law to be licensed by the State, in which six or fewer individuals with a disability reside who are not living together as a single housekeeping unit and who have agreed to reside in the facility for 31 days or more, and in which every person residing in the facility, excluding persons employed as facility staff, is an individual with a disability. This classification does not include nonlicensed facilities that serve six or fewer persons with a disability if such facilities operate as part of integral facilities, as defined in Section 20.03.030, when such integral facilities serve seven or more persons with a disability (in such circumstances, the integral facilities are classified as residential care facilities, general). 1. Singe- Familv 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. 5 1526 \02\479224.2_9.5.2007 Two - Family Residential. `Fwo- 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. Section 20.05.030 Public Semi - Public Land Use Classifications [NOTE: The definition of Residential Care, General, now in this section is eliminated] 1526 \02\479224.2_9.5.2007 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. 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 = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) - -- = Not Pemaaed R -A R -1 R -1.5 R -2 MFR Additional Regulations RESIDENTIAL (A), (B), (C), (P), (Q), (R) DAY CARE, LIMITED (r) -LARGE FAMILY CHILD CARE HOMES -SMALL FAMILY CHILD CARE HOMES GROUP RESIDENTIAL MULTI - FAMILY RESIDENTIAL PAROLEEIPROBATIONER HOME RESIDENTIAL CARE FACILITIES, GENERAL RESIDENTIAL CARE FACILITIES, SMALL LICENSED RESIDENTIAL CARE FACILITIES, SMALL NONLICENSED SINGLE FAMILY RESIDENTIAL TWO - FAMILY RESIDENTIAL PUBLIC AND SEMI- PUBLIC 1526 \02\479224.2_9.5.2007 PD/U PDIU PD/U PD/U PD/U P P P P P — P (D) - -- - -- — - -- UP (0) P P P P P P P (0) UP UP UP (0) P P P (D), (E), (M) P P P (D) (A), (B), (C), (Q), 7 Residential Districts: Laud Use Regulations P = Permitted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use RegWato ns) - -- = Not Permitted R -A R -1 R -1.5 R -2 MFR Additional Regulations (R) CEMETERIES - -- Irl L -1 L -1 L -1 CLUBS AND LODGES - -- Ir2 L -2 L -2 Ir2 DAY CARE, GENERAL GOVERNMENT OFFICES - -- UP UP UP UP (I) - -- UP UP UP UP PARK & RECREATION FACILITIES UP UP UP UP UP PUBLIC SAFETY FACILITIES UP UP UP UP UP RELIGIOUS ASSEMBLY UP UP UP UP UP SCHOOLS, PUBLIC AND PRIVATE UP UP UP UP UP UTILITIES, MAJOR UP UP UP UP UP UTILITIES, MINOR P P P P P COMMERCIAL USES HORTICULTURE, LIMITED NURSERIES VEHICLE/EQUIPMENT SALES AND SERVICES - COMMERCIAL PARKING FACILITY VISITOR ACCOMMODATIONS -BED & BREAKFAST INNS AGRICULTURAL AND EXTRACTIVE USES ANIMAL HUSBANDRY CROP PRODUCTION MINING AND PROCESSING ACCESSORY USES ACCESSORY STRUCTURES AND USES TEMPORARY USES CIRCUSES AND CARNIVALS 1526 \02\479224.2_9.5.2007 (A), (B), (C), (Q), (R) P- -- - -- - -- - -- PD/U - -- - -- - -- - -- - -- L -3 L -3 L -3 Ir3 - -- - -- - -- UP UP (F) (A), (B), (C), (R) PD/U - -- - -- - -- (G) P- -- - -- - -- - -- L-4 L-4 L -4 L-4 L-4 (H) (A), (B), (C), (R) P/UP P/UP P/UP P/UP P/UP (I) (A), (B). (C), (R) P P P P P (K) 0 Residential Districts: Land Use Regulations P = Permitted UP = Use permit PD/U = Use pemtil issued by the Planning Director L = limited (see Additional Use Regulations) -- = Not Permitted R -A R -1 R -1.5 R -2 MFR Additional COMMERCIAL FILMING, LIMITED P P P P P (K) PERSONAL PROPERTY SALES P P P P P (L) HELIPORTS, TEMPORARY L -5 -- L -5 (J) REAL ESTATE OFFICES, TEMPORARY 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. (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) With the exception of uses in the R -1 Zone, any dwelling unit otherwise permitted by this Code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code 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 1526 \02 \479224.2_9.5.2007 (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: 1. 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. 2. 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. 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. 10 1526 \02\479224.2_9.5.2007 (H) See Chapter 20.81: Oil Wells. (1) See Section 20.60.100: Home Occupations in Residential Districts. (J) 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, and residential care facilities, small nonlicensed, would normally be prohibited in all residential zones as a group residential use. To facilitate housing for persons with disabilities, residential care facilities, general, may be permitted with a use permit in the MFR zone, and residential care facilities, small nonlicensed, may be permitted with a use permit in the R -1.5, R -2, and MFR zones. (P): No residential use may offer or provide services to persons not residing on the site, unless the City has approved a use permit allowing such use, or in compliance with Section 20.60.100: Home Occupations in Residential Districts. (Q): Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (R): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. 11 1526 \02\479224.2_9.5.2007 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: 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 ?etters "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. 12 1526 \02\479224.2_9.5.2007 Residential Development: Land Use Regulations P = Permitted UP = Use permit PD/U = Use permit issued by the Planting Director L = Limited (see Additional Use Regulations) - -- = Not Pemdtted Residential Additional Regulations RESIDENTIAL (A), (B), (C), (H), (J)>(K),(L) DAY CARE, LIMITED -LARGE FAMILY CHILD CARE HOMES PD/U -SMALL FAMILY CHILD CARE HOMES P GROUP RESIDENTIAL - -- MULTI- FAMILY RESIDENTIAL L -1 (D) PAROLEE/PROBATIONER HOME - -- RESIDENTIAL CARE FACILITIES, SMALL LICENSED P (I) RESIDENTIAL CARE FACILITIES, SMALL NONLICENSED UP (1) SINGLE FAMILY RESIDENTIAL P (D), (E) TWO - FAMILY RESIDENTIAL P (D) PUBLICAND SEMI- PUBLIC (A), (B), (C), (K), (L) CLUBS AND LODGES UP UTILITIES, MINOR P ACCESSORY USES (A), (B), (C), (L) ACCESSORY STRUCTURES AND USES P/UP (F) TEMPORARY USES (A), (B), (C), (L) PERSONAL PROPERTY SALES P (G) REAL ESTATE OFFICES, TEMPORARY L -2 Residential Development: Additional Land Use L-1 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: 1. 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. 13 1526 \02\479224.2_9.5.2007 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. (D) Any dwelling unit otherwise permitted by this Code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code 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. (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. (I) 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, and residential care facilities, small nonlicensed, would normally be prohibited in all residential zones as a group residential use. To facilitate housing for persons with disabilities, residential care facilities, general, and residential care facilities, small nonlicensed, may be permitted with a use permit. (J) No residential use may offer or provide services to persons not residing on the site, unless the City has approved a use permit allowing such use, or in compliance with Section 20.60.100: Home Occupations in Residential Districts. (K) Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (L) All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. 14 1526 \02\179224.2_9.5.2007 Section 20.41.070 (Newport Shores) 20.41.070 Commercial Development: Land Use Regulations The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in commercial development areas, and includes special requirements, if any, applicable to specific uses. The letter To designates use classifications permitted in commercial 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. Commercial Development: Land Use Regulations P — Permitted UP = Use Permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) - -- = Not Permitted Commercial Additional PUBLICAND SEMI - PUBLIC (A), (B), (C) CLUBS AND LODGES - -- (K) CULTURAL INSTITUTIONS P (K) DAY CARE, GENERAL UP RELIGIOUS ASSEMBLY L -I UTILITIES, MINOR P COMMERCLAL USES (A), (B), (C) ANIMAL SALES AND SERVICES - ANIMAL BOARDING - -- -ANIMAL GROOMING PD/U -ANIMAL HOSPITALS UP - ANIMAL RETAIL SALES PD/U ARTISTS' STUDIOS P (G) BANKS /SAVINGS AND LOANS P -WITH DRIVE- UP/DRIVE THROUGH SERVICE UP BUILDING MATERIALS AND SERVICES P CATERING SERVICES P COMMERCIAL RECREATION AND ENTERTAINMENT UP (G), (K) 15 1526 \02 \479224.2_9.5.2007 Commercial Development: Land Use Regulations P = Permitted UP = Use Permit PD/U = Use pettnit issued by the Planning Director L = Limited (see Additional Use Regulations) - -- = Not Pennitted MARINE SALES AND SERVICES -BOAT RENTAL, AND SALES Commercial Additional Regulations EATING AND DRINKING ESTABLISHMENTS UP -FULL SERVICE, HIGH TURNOVER UP (D), (G), (K) -FULL SERVICE, LOW TURNOVER UP (D), (G), (K) -FULL SERVICE, SMALL SCALE PD/U (D), (G), (K) - TAKE -OUT SERVICE UP (D), (G), (K) -TAKE -OUT SERVICE, LIMITED PD/U (D), (G), (K) - ACCESSORY P (D), (G), (K) -BARS AND COCKTAIL LOUNGES UP (D), (G), (K) FOOD AND BEVERAGE SALES P (K) MARINE SALES AND SERVICES -BOAT RENTAL, AND SALES UP - ENTERTAINMENT AND EXCURSION SERVICES L -3 OFFICES, BUSINESS AND PROFESSIONAL L4 PERSONAL IMPROVEMENT SERVICES PD/U (G) PERSONAL SERVICES P - MASSAGE ESTABLISHMENTS UP (E) POSTAL SERVICES P PRINTING AND DUPLICATING SERVICES P RETAIL SALES P TRAVEL SERVICES P VEHICLE/EQUIPMENT SALES AND SERVICES - SERVICE STATIONS UP (F), (K) VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS PD/U - HOTELS, MOTELS AND TIME - SHARES UP (H) ACCESSORY USES (A), (B), (C) ACCESSORY STRUCTURES AND USES P/UP TEMPORARY USES (A), (B), (C) CHRISTMAS TREE/PUMPKIN SALES L -2 (B) OUTDOOR STORAGE & DISPLAY, TEMPORARY P Q) REAL ESTATE OFFICES, TEMPORARY P (B) L -1 Limited to facilities occupying less then 5,000 square feet; use permit required. 16 1526 \02\479224.2_9.5.2007 L -2 Subject to the approval of the Planning Director. L -3 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 -4 Services involving the assembly or meetings of 7 or more persons are prohibited. 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 "P" 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 PD /U = Use permit issued by the Planning Director L = Limited (see Additional Use Re ations) - -- = Not Permitted 17 1526 \02\479224.2_9.5.2007 SR RMC RSC Additional Regulations _ RESIDENTIAL (A), (B), (C), (D), (1), (P), (Q), (R) GROUP RESIDENTIAL - -- - -- SINGLE FAMILY RESIDENTIAL L -I L -I Irl (N) MULTI - FAMILY RESIDENTIAL L -I L -I Irl (I) PAROLEE/PROBATIONERHOME - -- — RESIDENTIAL CARE FACILITIES, GENERAL L -10 L -10 L -10 (0) RESIDENTIAL CARE FACILITIES, SMALL LICENSED L -I L -I L -I (0) RESIDENTIAL CARE FACILITIES, SMALL NONLICENSED L -10 L -10 L -10 (0) 17 1526 \02\479224.2_9.5.2007 Cannery Village/McFadden Square Specific Plan District: Commercial Land Use Regulations P = Permitted UP = Use permit PD/U = Use pennit issued by the Planning Director L = Limited (see Additional Use Reeulations) -- = Not Permitted SR RMC RSC Additional Regulations TWO - FAMILY RESIDENTIAL L -1 L -1 L -1 N PUBLIC AND SEMI - PUBLIC (A), (B), (C), (I), (Q), (R) CLUBS AND LODGES CULTURAL INSTITUTIONS UP L -5 UP (M) DAY CARE, GENERAL - -- - -- UP UP GOVERNMENT OFFICES - -- UP UP - -- MARINAS - -- P — (E) RELIGIOUS ASSEMBLY - -- - -- UP UTILITIES, MINOR P P P P COMMERCIAL USES CATERING SERVICES P (A), (B), (C), (1), P COMMERCIAL RECREATION AND ENTERTAINMENT (Q), (R) ANIMAL SALES AND SERVICES - ANIMAL GROOMING — UP UP - ANIMAL HOSPITALS — UP UP - ANIMAL RETAIL SALES - -- UP UP Q) ARTISTS' STUDIOS P - -- - -- BANKS /SAVINGS AND LOANS P L -7 P CATERING SERVICES P P P COMMERCIAL RECREATION AND ENTERTAINMENT — UP UP (T), (M) EATING AND DRINKING ESTABLISHMENTS UP UP UP -FULL SERVICE, HIGH TURNOVER UP UP UP (F), (.I), (M) -FULL SERVICE, LOW TURNOVER UP UP UP (F), (A (M) -FULL SERVICE, SMALL SCALE PD/U PD/U PD/U (F), (.I), (M) - TAKE -OUT SERVICE UP UP UP (F), (TJ, (M) -TAKE -OUT SERVICE, LIMITED PD/U PD/U PD/U (F), (J), (M) - ACCESSORY P P P (F), (.I), (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) 18 1526 \02\479224.2_9.5.2007 Cannery Village/McFadden Square Specific Plan District: Commercial Land Use Regulations P = Permitted UP = Use pernit PD/U = Use pennit issued by the Planning Director L = Limited (see Additional Use Regulations) - -- = Not Permitted 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 1526 \02 \479224.2_9.5.2007 (A), (B), (C), (1), (R) --- SR RMC RSC Additional L-7 - (H) --- Regulations - ENTERTAINMENT AND EXCURSION SERVICES L -9 L -9 L -9 (E), (I) - MARINE SERVICE STATION - -- UP - -- (E) - RETAIL MARINE SALES - -- P - -- L -8 OFFICES, BUSINESS AND PROFESSIONAL L -2 L -4 L -2 --- PERSONAL IMPROVEMENT SERVICES UP L -5 UP (I) PERSONAL SERVICES - -- L -7 P (G) -DRY CLEANERS — — UP - LIMITED P L -7 P -SELF SERVICE LAUNDRIES — UP RETAIL SALES L -3 P P TRAVEL SERVICES P L -6 P VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS PD/U PD/U PD/U - HOTELS, MOTELS AND TIME - SHARES UP UP UP (K) 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 1526 \02 \479224.2_9.5.2007 (A), (B), (C), (1), (R) --- L-7 --- (A), (B), (C), (R) P L-7 - (H) --- L -8 L -8 (B) --- UP UP (E) (A), (B), (C), (R) P/UP P/UP P/UP 1E (A), (B), (C), (R) P P P (H) L -8 L -8 L -8 (B) P P P (H) P P P (H) P P P (H) L -8 L -8 L -8 (L) P --- P (1) L -8 L -8 L -8 (B) P P P (H) P P P (H) 1E Cannery Village/McFadden Square Specific Plan District: Additional Commercial Land Use Regulations L- I 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; services involving the assembly or meetings of 7 or more persons are prohibited. 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; services involving the assembly or meetings of 7 or more persons are prohibited. 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. 20 1526 \02 \479224.2_9.5.2007 (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 Establishments. (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) Any dwelling unit otherwise permitted by this Code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code 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 Tenn 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, and residential care facilities, small nonlicensed, would normally be prohibited in all residential zones as a group residential use. To facilitate housing for persons with disabilities, residential care facilities, general, and residential care facilities, small nonlicensed, may be permitted with a use permit. 21 1526 \02 \479224.2_9.5.2007 (P): No residential use may offer or provide services to persons not residing on the site, unless the City has approved a use permit allowing such use, or in compliance with Section 20.60.100: Home Occupations in Residential Districts. (Q): Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (R): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. Section 20.43.060 (Cannery Village /McFadden Square - Residential) 20.43.060 Residential Land Use Regulations A. Land Use Desimations. The following residential land use designations are established: 1. SP -6 (R -1) District. 2. SP -6 (R -2) District. 3. 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. 22 1526 \02\479224.2_9.5.2007 Cannery Village/McFadden Square Specific Plan District: Residential Land Use Regulations R -1 R -2 MFR Additional Regulations RESIDENTIAL (A), (B), (C), (G), (H), (I) DAY CARE, LIMITED (D) -LARGE FAMILY CHILD CARE HOMES PD/U PD/U PD/U -SMALL FAMILY CHILD CARE HOMES P P P GROUP RESIDENTIAL MULTI - FAMILY RESIDENTIAL PAROLEE/PROBATIONER HOME RESIDENTIAL CARE, GENERAL RESIDENTIAL CARE FACILITY, SMALL LICENSED RESIDENTIAL CARE FACILITY. SMALL NONLICENSED SINGLE FAMILY RESIDENTIAL TWO - FAMILY RESIDENTIAL COMMERCIAL VEHICLE/EQUIPMENT SALES AND SERVICES - COMMERCIAL PARKING FACILITY ACCESSORY USES ACCESSORY STRUCTURES AND USES P (E) UP UP UP P/UP P/UP P/UP Cannery Village/McFadden Square Specific Plan District: Additional Residential Land Use Regulations L -1 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. (A), (B), (C), (1) (A), (B), (C), (1) (E) With the exception of uses in the R -1 Zone, any dwelling unit otherwise permitted by this Code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of: 1. A Business License pursuant to Chapter 5.04 of the Municipal Code. 23 1526 \02 \479224.2_9.5.2007 UP (F) P P P (F) --- UP UP (F) P P P (E) P - -- (E) UP UP UP P/UP P/UP P/UP Cannery Village/McFadden Square Specific Plan District: Additional Residential Land Use Regulations L -1 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. (A), (B), (C), (1) (A), (B), (C), (1) (E) With the exception of uses in the R -1 Zone, any dwelling unit otherwise permitted by this Code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of: 1. A Business License pursuant to Chapter 5.04 of the Municipal Code. 23 1526 \02 \479224.2_9.5.2007 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. (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, and residential care facilities, small nonlicensed, would normally be prohibited in all residential zones as a group residential use. To facilitate housing for persons with disabilities, residential care facilities, general, may be permitted with a use permit in the MFR zone, and residential care facilities, small nonlicensed, may be permitted with a use permit in the R -2 and MFR zones. (G): No residential use may offer or provide services to persons not residing on the site, unless the City has approved a use permit allowing such use, or in compliance with Section 20.60.100: Home Occupations in Residential Districts. (H): Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (I): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. 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 facilities, 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). 24 1526 \02\479224.2_9.5.2007 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. Section 20.44.040 (Santa Ana Heights - RSF 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 facilities, 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 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) 25 1526 \02k179224.2_9.5.2007 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 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 PUN = Use permit issued by the Planning Director L = Limited (see Additional Land Use Reputations) - -- = Not Permitted RSC RP R -2 MFR GEIF OS Additional RESIDENTML (A), (B), (C), (M), (T), (U), M DAY CARE, LIMITED (Q) -LARGE FAMILY CHILD HOMES - -- - -- PD/U PD/U - -SMALL FAMILY CHILD CARE HOMES - -- - -- P P — — GROUP RESIDENTAL - -- - -- - -- — — MULTI- FAMILY RESIDENTIAL L -1 - -- - -- P — — (R) PAROLEE/PROBATIONERHOME - -- — — RESIDENTIAL CARE FACILITIES, L-I I - -- - -- UP — — (S) GENERAL RESIDENTIAL CARE FACILITIES, SMALL L -1 P P P — (S) LICENSED RESIDENTIAL CARE FACILITIES, SMALL NONLICENSED L-II UP UP UP — — (S) SINGLE FAMILY RESIDENTIAL L -1 P P P — L -2 (R) TWO - FAMILY RESIDENTIAL L -1 P P P — — (R) PUBLIC AND SEMI - PUBLIC (A), (B), (C), (M), (U), M CLUBS AND LODGES - -- - -- L -3 L -3 L -4 - -- (0) CONVALESCENT FACILITIES UP UP - -- - -- — — (D) CULTURAL INSTITUTIONS - -- - -- - -- - -- L -4 - -- (0) 26 1526 \02\479224.2_9.52007 Central Balboa: Land Use Regulations P = Permitted UP = Use permit PD/U = Use pennit issued by the Planning Director L = Limited (see Additional Land Use Regulations) - -- = Not Pennited MARINE SALES AND SERVICES 27 1526 \02\179224.2_9.5.2007 RSC RP R -2 MFR GEIF OS Additional - -- - ANIMAL GROOMING PD/U – – - - ANIMAL HOSPITALS UP - -- - -- - -- --- - -- Regulations DAY CARE, GENERAL UP - -- - -- --- - -- – (D), (Q) GOVERNMENT OFFICES P - -- - -- - -- (D) – - -- L -4 – UP - -- - -- HELIPORTS UP UP UP UP L -4 UP (E) HOSPITALS - -- - -- – -- - -- - -- (G), (H), (I), (0) L -4 - -- - -- - -- - -- (G), (H), (1), (0) MARINAS P - -- - -- - -- - -- UP (F) PARK AND RECREATION FACILITIES P L -3 L -3 L-3 - -- P FOOD AND BEVERAGE SALES PUBLIC SAFETY FACILITIES UP – – - -- - -- - -- L-4 - -- - -- - -- - -- (D), (M) RELIGIOUS ASSEMBLY - -- - -- – L -4 - -- SCHOOLS, PUBLIC AND PRIVATE - -- – – L-4 - -- UTILITIES, MAJOR UP UP UP UP L -4 UP UTILITIES, MINOR P P P P P P MARINE SALES AND SERVICES 27 1526 \02\179224.2_9.5.2007 (A), (B), (C), COMMERCIAL USES (M), (U), (V) ANIMAL SALES AND SERVICES - -- - ANIMAL GROOMING PD/U – – - - ANIMAL HOSPITALS UP - -- - -- - -- --- - -- - ANIMAL RETAIL SALES PD/U - -- – - -- - -- ARTISTS' STUDIOS P P – - -- - -- (D), (G) BANKS /SAVINGS AND LOANS P - -- - -- - -- - -- - -- CATERING SERVICES P UP - -- - -- - -- - -- (D) COMMERCIAL FILMING UP - -- - -- - -- - -- - -- (G) COMMERCIAL RECREATION AND UP - -- - -- - -- - -- L -6 (G), (0) ENTERTAINMENT EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP - -- -- - -- - -- (G), (H), (I), (0) -FULL SERVICE, LOW TURNOVER UP - -- - -- - -- - -- - -- (G), (H), (1), (0) -FULL SERVICE, SMALL SCALE PD/U - -- - -- - -- - -- - -- (G), (H), (1), (0) - TAKE -OUT SERVICE UP – - -- - -- - -- (G), (H), (1), (0) - TAKE-OUT SERVICE, LIMITED PD/U - -- - -- - -- - -- - -- (G), (H), (I), (0) - ACCESSORY P – P - -- (G), (H), (1), (0) -BARS AND COCKTAIL LOUNGES UP - -- - -- - -- - -- - -- (G), (H), (I), (0) FOOD AND BEVERAGE SALES P – – (0) FUNERAL AND INTERNMENT SERVICES UP — - -- - -- - -- - -- MAINTENANCE AND REPAIR SERVICES P P - -- - -- - -- - -- (D), (M) MARINE SALES AND SERVICES 27 1526 \02\179224.2_9.5.2007 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 Remdations) -- = Not Permitted ACCESSORY USES ACCESSORY STRUCTURES AND USES TEMPORARY USES ANIMAL SHOWS CHRISTMAS TREE/PUMPKIN SALES CIRCUSES AND CARNIVALS 1526 \02\179224.2_9.5.2007 (A), (B), (C), (V) P/UP P/UP P/UP P/UP P/UP - -- (L) P- -- - -- - -- L-9 - -- - -- - -- P- -- - -- - -- (A), (B), (C), (V) P P (K) (B) P P (K) 28 RSC RP R -2 MFR GE1F OS Addiuowd Regulations -BOAT RENTAL, AND SALES UP - -- --- --- --- (F), (M) - ENTERTAINMENT AND EXCURSION L -i0 — - -- - -- (F) SERVICES - MARINE SERVICE STATION PD/U — -- - -- - -- (F) - RETAIL MARINE SALES P - -- - -- - -- - -- - -- NURSERIES P - -- - -- - -- — OFFICES, BUSINESS AND PROCESSIONAL L -12 L -12 - -- - -- - -- - -- (D) PAWN SHOPS P - -- - -- - -- — (G) PERSONAL IMPROVEMENT SERVICES PD/U UP - -- - -- — (D), (G) PERSONAL SERVICES P P - -- - -- - -- - -- (D), (H) -DRY CLEANERS P - -- - -- - -- - -DRY CLEANERS (COLLECTION ONLY) P - -- - -- -- - - 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 - -- - -- - -- - -- - -- (I) -SRO RESIDENTIAL HOTELS UP - -- - -- UP — ACCESSORY USES ACCESSORY STRUCTURES AND USES TEMPORARY USES ANIMAL SHOWS CHRISTMAS TREE/PUMPKIN SALES CIRCUSES AND CARNIVALS 1526 \02\179224.2_9.5.2007 (A), (B), (C), (V) P/UP P/UP P/UP P/UP P/UP - -- (L) P- -- - -- - -- L-9 - -- - -- - -- P- -- - -- - -- (A), (B), (C), (V) P P (K) (B) P P (K) 28 Central Balboa: Land Use Regulations P = Permitted UP = Usepermit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Land Use Reeulations) -- = Not Permitted RSC RP R -2 MFR GEIF OS Additional Regulations COMMERCIAL FILMING, LIMITED P - -- - -- - -- P P (K) FAIRS AND FESTIVALS P -- - -- - -- P P (K) PERSONAL PROPERTY SALES - -- P P P - -- - -- (P) OUTDOOR STORAGE, TEMPORARY P - -- - -- - -- - -- - -- (M) REAL ESTATE OFFICES, TEMPORARY L -9 L -9 L -9 L -9 - -- - -- RECREATION & ENTERTAINMENT P - -- - -- - -- P P (K) EVENTS TRADE FAIRS P - -- - -- --- P P (K) Central Balboa Specific Plan: Additional Land Use Regulations L -1 See Section 20.45.035 (B). 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). m 1526 \02\479224.2_9.5.2007 L -I I 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. L -12 Services involving the assembly or meetings of 7 or more persons are prohibited. (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. 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: 1. 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). 30 1526\02A79224.29.5.2007 (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) Any dwelling unit otherwise permitted by this Code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code 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 (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, and residential care facilities, small nonlicensed, would normally be prohibited in all residential zones as a group residential use. To facilitate housing for persons with disabilities, residential care facilities, general, may be permitted with a use permit in the RSC and MFR zones, and residential care facilities, small nonlicensed, may be permitted with a use permit in the RSC, R -P, R -2, and MFR zones. (T): No residential use may offer or provide services to persons not residing on the site, unless the City has approved a use permit allowing such use, or in compliance with Section 20.60.100: Home Occupations in Residential Districts. (U): Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (V): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. 31 1526 \02\179224.2_9.5.2007 EXHIBIT 5 Exhibit B (Revisions to Chapter 20.91 J THIS PAGE INTENTIONALLY LEFT BLANK �Q 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 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 typicallyhaving unusual site development features or operating characteristics requiring special consideration so that they may be 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 Permit 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 is required by the terms of this code unless and until such use permit or variance has been granted by the Planning Director or the Planning Commission or by the affirmative vote of the City EXHIBIT B 1526 \02\479225.2_9.5.2007 1 Page 20.91 -2 Use Permits and Variances Council on appeal or review and then only in accordance with the terms and conditions of the use permit or variance granted. 20.91.020 Application for Use Permit or Variance An application for a use permit or variance shall be filed in a manner consistent with the requirements contained in Chapter 20.90, Application Filing and Fees. If the application is for a use permit in a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the application shall be accompanied by the additional information specified in Chapter 20.91 A. 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, 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, 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 and occupants of property within 300 feet of the boundaries of the site. ExHlsrr s 1526 \02 \479225.2_9.5.2007 V Z Page 20.91 -3 Use Permits and Variances 20.91.030 Notice and Public Hearing A. Public Hearings. The Planning Commission shall hold a public hearing on an application for a use permit or variance. 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 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 and occupants 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. 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. C. Notice To Occupants. Notice to occupants shall be accomplished by mailing notice to each property address within 300 feet of the boundaries of the site with notice addressed to 'occupant." It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners and property addresses within 300 feet of the boundaries of the site as required by this section. 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. 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. EXMBrr B 1526 \02 \479225.2_9.5.2007 \03 Page 20.91 -4 Use Permits and variances 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; 2. A statement of the time, place, and propose 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. xvu: � 15261021479225.2_9.5.2007 Page 20.91 -5 Use Permits and Variances 4. If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91 A and conforms to all requirements of that Chapter. 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. 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. 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 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, including but not limited to management and operations plans. Such conditions may include, but are not limited to, 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 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 EXHIBrr B 1526 \02\479225.2_9.5.2007 \,4S Page 20.91 -6 Use Permits and Variances become effective unless and until a decision granting the use permit, or variance is made by the Planning Commission or the City Council. 20.91.050 Expiration, Time Extension, Violation, Discontinuance, and Revocation A. Expiration. Any use permit or variance 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 A certificate of occupancy has been issued; or 4. The use is established; or 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 granted in accordance with the terms of this code may be revoked if any of the conditions or terms of such use permit, or variance are violated, or if any law or ordinance is violated in connection therewith. D. Discontinuance. A use permit or variance 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 a change to plans that would affect a condition of approval shall be . IM: r 1526 \02 \479225.2_9.5.2007 4b Page 20.91 -7 Use Permits and Variances treated as a new application. The Planning Director 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 variance is disapproved, no new application for the same, or substantially the same, use permit or variance 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. A eals. 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. EY}BBrr B 1526 \02 \479225.2_9.5.2007 \41 EXHIBIT 6 Exhibit C (New Chapter 20.98 - Reasonable Accommodation) �O� THIS PAGE INTENTIONALLY LEFT BLANK -I') V Chapter 20.98 Reasonable Accommodation Sections: Page 20.98 -1 Reasonable Accommodation 20.98.010 Purpose. 20.98.015 Review Authority. 20.98.020 Application for a Reasonable Accommodation. 20.98.025 Decision. 20.98.030 Expiration, Time Extension, Violation, Discontinuance, and Revocation. 20.98.035 Amendments. 20.98.010 Purpose In compliance with federal and state fair housing laws, it is the City's policy to provide reasonable accommodation in its zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a residence or to avoid discrimination on the basis of disability. 20.98.015 Review Authority The Planning Commission shall approve, conditionally approve, or deny all applications for a reasonable accommodation. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the Planning Commission shall, to the maximum extent feasible, hear the other discretionary permit or approval at the same time as the request for reasonable accommodation. 20.98.020 Application for Reasonable Accommodation A. Procedure. 1. Anplicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of individuals with a disability. 2. Application. An application for a reasonable accommodation from a zoning regulation, policy or practice, including conditions of approval for, or denial of, a discretionary permit, shall be made on a form provided by the Planning Department. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. EXHIBIT C 1526 \02\479226.3_9.6.2007 —1 1 Page 20.98 -2 Reasonable Accommodation Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant shall, to the maximum extent feasible, file the request for reasonable accommodation together with the application for the other discretionary permit or approval. B. Required Submittals. In addition to materials required under other applicable provisions of this Code, an application for reasonable accommodation shall include the following: Documentation that the applicant is an individual with a disability or is applying on behalf of an individual with a disability, or is a developer or provider of housing for an individual with a disability. 2. The specific exception or modification to the Zoning Code provision, policy, or practice requested by the applicant, and documentation that such exception or modification is necessary to provide the individual with a disability an equal opportunity to use and enjoy the residence. 3. Documentation that such exception or modification is necessary to provide the individual with a disability an equal opportunity to use and enjoy the residence. 4. Any other information that the Planning Director reasonably concludes is necessary to determine the findings required by Section 20.98.025.13 can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected. 20.98.025 Decision A. Planning Commission Action. The Planning Commission shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation in compliance with Section 20.98.025.13 The reasonable accommodation request shall be heard with, and subject to, the notice, review, approval and appeal procedures prescribed for any other discretionary permit. If no other discretionary permit is required, the reasonable accommodation request shall be subject to the notice and review procedures prescribed in Section 20.91.030 and the appeal procedures prescribed in Section 20.91.060. B. Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings required for approval of a reasonable accommodation: EXHIBrr C 1526 \02 \479226.3_9.6.2007 `1 L Page 20.98 -3 Reasonable Accommodation that the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with a disability protected under the fair housing laws; that the requested accommodation is necessary to make housing available to an individual with a disability protected under the fair housing laws; that the requested accommodation would not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law; and 4. that the requested accommodation would not require a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in fair housing laws and interpretive case law. In making these findings, the decision -maker may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant. C. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program: 1. In the case of a determination involving a single - family dwelling, whether the disabled individuals would constitute a single housekeeping unit if they were not disabled. 2. Whether the accommodation would result in a fundamental change in the character of the neighborhood or the physical character of the structure. 3. Whether the accommodation would significantly increase traffic or result in insufficient parking. D. Coastal Zone Properties. For housing located in the Coastal Zone, a request for reasonable accommodation under this section may be approved by the City if it is consistent with the requisite findings set forth in 20.98.025.13, with Chapter 3 of the California Coastal Act of 1976, and with the Interpretative Guidelines for Coastal Planning and Permits as established by the California Coastal Commission dated February 11, 1977, and any subsequent amendments, and the Local Coastal Program. Where a request for reasonable accommodation is consistent with 20.98.025.13 but is not consistent with all of the other regulations identified in the paragraph above, the City may approve the request for reasonable accommodation if the City finds: EXHmrr c 1526 \02 \479226.3_9.6.2007 1� Page 20.98 -4 Reasonable Accommodation that the requested reasonable accommodation is consistent, to the maximum extent feasible, with the regulations identified in this subsection; and, 2. that there are no feasible alternative means for providing a reasonable accommodation that would provide greater consistency with the regulations identified in this subsection. For the purposes of this Paragraph D, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. E. Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. F. Effective Date. No permit or license shall be issued for any reasonable accommodation until the decision shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the City Council on such appeal, under the provisions of Chapter 20.95. No permit or license shall be issued for any use or property modification until the decision shall have become final by reason of the expiration of time to make an appeal. 20.98.030 Expiration, Time Extension, Violation, Discontinuance, and Revocation A. Expiration. Any reasonable accommodation approved 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: 1. A building permit has been issued and construction has commenced; 2. A certificate of occupancy has been issued; 3. The use is established; or 4. 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 Commission may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed three years. An application for a time extension shall be made in writing to the EXHIBIT C 1526\02 \479226.3_9.6.2007 1\,\ Page 20.98 -5 Reasonable Accommodation Zoning Administrator no less than thirty (30) days or more than ninety (90) days prior to the expiration date. C. Notice. Notice of the Planning Commission's decision on a time extension shall be provided as specified in Section 20.91.030.C. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth in Paragraph D below. D. Anneal of Determination. A time extension for a reasonable accommodation shall be final unless appealed to the City Council within 14 calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Chapter 20.95 of this Code. E. Violation of Terms. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. F. Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the Zoning Administrator determines that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Code or (2) the accommodation is to be used by another individual with a disability. The Zoning Administrator may request the applicant or his/her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten (10) days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. G. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96: Enforcement. 20.98.035 Amendments A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The Zoning Administrator may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. EXHIBIT C 1526 \02\479226.3_9.6.2007 —)493 EXHIBIT 7 Exhibit D (Revisions to Chapter 20.62) 1-) THIS PAGE INTENTIONALLY LEFT BLANK W, Page 20.62 -1 Nonconforming Structures and Uses CHAPTER 20.62 NONCONFORMING STRUCTURES AND USES Sections: 20.62.010 Purpose 20.62.020 Applicability 20.62.030 Determination of Nonconformity 20.62.040 Nonconforming Structures 20.62.050 Nonconforming Uses 20.62.060 Nonconforming Parking 20.62.065 Landmark Buildings 20.62.070 Restoration of Damage or Destruction 20.62.080 Termination of Nonconforming Status 20.62.090 Abatement 20.62.100 Rights of Appeal 20.62.010 Purpose Nonconforming uses, structures, and parking are inconsistent with a coherent zoning plan and the established standards and regulations set forth in this Title. This chapter establishes procedures for the continuance or abatement of existing structures and uses that do not conform to the provisions of the Zoning Code, especially in residential zoning districts, and which may be adverse to the general welfare of persons and property and detrimental to the orderly development ofthe City as envisioned by the goals and policies of the General Plan. The purpose of these provisions is to: A. Bring nonconforming uses and structures into conformance with the development standards set forth in the City's Zoning Code. B. Reduce the occurrence and limit the extent of nonconformance of nonconforming uses and structures, especially in residential zoning districts. C. Phase out certain nonconforming uses and structures in accordance with the abatement periods set forth below, without infringing upon the constitutional rights of property owners. 12/23/04 1 526 \02 \479227.3_9.6.2007 Page 20.62 -2 Nonconforming Structures and Uses 20.62.020 Applicability Uses, buildings, structures or lots that become nonconforming due to reclassification, ordinance changes, or annexations may be continued, subject to the provisions of this chapter. 20.62.030 Determination of Nonconformity A. The Planning Director shall determine the nonconformity of any use, building, struc- ture, or lot. B. Any use found to have been lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City, shall be deemed to be a nonconforming use. A nonconforming use includes a use that was lawfully established and maintained but is conditionally permitted in the district and has not obtained a use permit. A use shall not be considered to have been "lawfully established and maintained" and is an illegal use if it was established or operated without required permits and licenses, including but not limited to permits and licenses required by any federal, state, or local government agency. C. Any structure or building that was lawfully erected, but which does not conform with the property development regulations prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City, shall be deemed to be a legal nonconforming structure. A building or structure shall not be considered to have been "lawfully erected" and is an illegal structure if it was constructed without required permits, including but not limited to permits required by any federal, state, or local government agency. D. When a use or structure does not conform with the use regulations or required conditions for the district in which it is located, the property owner or person asserting drat it is a nonconforming use or a nonconforming structure has the burden to provide sufficient documentation to the Planning Director that the use or structure was lawfully established, maintained, and erected and is nonconforming by reason of adoption or amendment of this code or by reason of annexation of territory to the City. E. A use or structure that was not lawfully established, maintained, or erected is contrary to the provisions of this code and the City may commence an action or proceedings for the abatement and removal of the use or structure pursuant to the provisions of Chapter 20.96. 1223/04 1526 \02\479227.3_9.62007 Ma Page 20.62 -3 Nonconforming Structures and Uses 20.62.040 Nonconforming Structures A. Maintenance and Reuai s. Ordinary maintenance and repairs maybe made to legal nonconforming structures. No structural alterations shall be made which would prolong the life of the supporting members of a structure, except as provided in this section. B. Interior Alterations. Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal nonconforming structure, provided that the cost of the desired improvement or repair shall not exceed 50 percent of the replacement cost of the nonconforming structure, as determined by the Building Director, over any consecutive 12 month period. C. Structural Alterations. Structural elements of a legal nonconforming structure may be modified or repaired subject to the following provision: Alteration of up to 25 percent of the structural elements within any 12 month period may be permitted by right. 2. Alteration of up to 50 percent of the structural elements within any 12 month period may be permitted upon the approval of a modification permit. 3. Alteration of up to 75 percent of the structural elements within any 12 month period may be permitted upon the approval of a use permit by the Planning Director, subject to the findings and provisions contained in Section 20.62.040 (F). D. Additions. Structures legally nonconforming for reasons other than for parking, open space, floor area, or building bulk, may be enlarged, extended or expanded subject to the following provisions: A increase of up to 25 percent of the gross floor area within any 12 month period may be permitted by right. 2. An increase of up to 50 percent of the gross floor area within any 12 month period may be permitted upon the approval of a modification permit. 3. An increase of up to 75 percent of the gross floor area within any 12 month period may be permitted upon the approval of a use permit by the Planning Director, subject to the following findings and provisions contained in Section 20.62.040 (F). 1223104 1526 \02 \479227.3_9.6.2007 4 Page 20.624 Nonconforming Structures and Uses No addition shall cause an increase in the structure's inconsistency with the regulations of the Zoning Code. E. Exceptions. The provisions of this section shall not apply to the following circumstances: Seismic Retrofits. Alterations to a structure required to comply with the minimum provisions of Chapter 15.07, "Earthquake Hazard Reduction," and California Government Code Section 8875. 2. Public Health & Safety. Structural elements of a legal nonconforming structure maybe modified or repaired if the Building Director determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property and the cost does not exceed 50 percent of the replacement cost of the legal nonconforming structure, as determined by the Building Director. Nonconforming Parkins. Structures which are nonconforming due to off - street parking and loading requirements shall be subject to the provisions of Section 20.62.060. F. Required Findings. A use permit required for the alteration of a nonconforming structure may be approved only if the following findings are made in addition to those findings specified in Chapter 20.91. The cost of the improvements to be made is minor in comparison to the value of the existing nonconforming condition. The cost of correcting the nonconforming condition would exceed the cost of the other alterations proposed. Retention of the nonconforming condition is necessary to maintain reasonable use of the structure. The alteration does not increase the structure's inconsistency with the regulations of the Zoning Code. 20.62.050 Nonconforming Uses A. Expansion. Increase and Intensification of Nonconforming Uses. In nonresidential 1223/04 1526 \02 \479227.3_9.62007 4 f Page 20.62 -5 Nonconforming Structures and Uses districts, and in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, a use normally permitted by right or by the approval of a use permit, but which is nonconforming by virtue of the required conditions of the district in which it is located, may be expanded, increased or intensified by way of a change in operational characteristics upon the approval of a use permit. Exception: The use of a Landmark Building (see Section 20.62.065) may be changed, expanded, increased or intensified and structural alterations may be made without obtaining a use permit required by this Section or the provisions of Section 20.82 subject to compliance with the provisions of Section 20.62.065. B. Change of Nonconforming Use. A nonconforming nonresidential use may be changed to a conforming use provided that the requirements of Chapter 20.63 (Floor Area Ratios and Building Bulk) are satisfied and the change does not create or increase a deficiency in code required off - street parking. A nonconforming residential use may be altered to reduce the number of dwelling units provided there is no increase in gross square footage and the provisions of Chapter 20.86: Low and Moderate Income Housing within the Coastal Zone, are satisfied. In nonresidential zoning districts, and in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, a nonconforming use may be changed to a use of a similar nature provided no intensification or enlargement of the nonconforming use occurs, unless a use permit is granted as provided in Subsection A above, and provided that the new use is no less compatible with the surrounding area. 20.62.060 Nonconforming Parking A. Residential Uses. Where residential uses are nonconforming only because they do not conform to the off - street parking requirements of this code, the following alterations are permitted: 1. Number of Spaces a. Residential development having less than 2 parking spaces per dwelling unit: (1) Repair and maintenance, interior alterations, and structural alterations, as provided for in Section 20.62.040 (A -C). 1223104 1526\02 \479227.3_9.6.2007 kb-5 Page 20.62 -6 Nonconforming Structures and Uses (2) Minor additions to existing buildings, such as the construction of bathrooms, closets and hallways, or the expansion of existing rooms, subject to the floor area limits of Section 20.62.0.040 (D -1 — D3). (3) Addition of a new room provided that there is no net increase in the number of habitable rooms, upon the approval of a modification permit, subject to the floor area limits of Section 20.62.0.040 (D -1 — D -3). b. Residential development having at least 2 parking spaces per dwelling unit may be altered or expanded as provided in Subsection A -1 -a, except that: (1) The approval of a modification permit shall not be required for the addition of a new room provided that there is no net increase in the number of habitable rooms. (2) Additional rooms may be added upon the approval of a modification permit. 2. Size of Parking Spaces. a. No discretionary approvals shall be required for the alteration or expansion of buildings which are nonconforming only because amendments to this code have changed the dimensions of required parking spaces subsequent to the original construction of the building, provided that the building and any proposed addition shall conform to current provisions of this code with regard to the number of required parking spaces. b. Where the dimensions of required parking spaces do not meet provisions of Subsection A -2 -a, above, or current standards, alteration of the structure may be permitted only upon the approval of a modification permit. 3. Covered and Enclosed Parking. Residential development having less than the required number of enclosed parking spaces: 12/23/04 1526 \02 \479227.3_9.6.2007 a Page 20.62 -7 Nonconforming Structures and Uses a. Repair and maintenance, interior alterations, and structural alterations, as provided for in Section 20.62.040 (A -C). b. Minor additions to existing buildings, such as the construction of bathrooms, closets and hallways, or the expansion of existing rooms, subject to the floor area limits of Section 20.62.0.040 (D). C. Addition of a new room provided that there is no net increase in the number of habitable rooms, upon the approval of a modification permit, subject to the floor area limits of Section 20.62.0.040 (D). B. Nonresidential Uses. Where nonresidential structures and uses are nonconforming only because they do not provide the number of parking spaces required by this code, the following shall be controlling: Continuation or Change. Nonconforming structures and uses in nonresidential zoning districts, and in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, may be continued or changed to a use requiring the same or less on -site parking, consistent with all other provisions of this code. 2. Repair and maintenance, interior alterations, and structural alterations, as provided for in Section 20.62.040 (A -C). Enlargement or Intensification. a. More Than 10% Increase The nonconforming structure or use may be enlarged by more than 10 percent of its original gross floor area, or onsite uses may be intensified such that code required parking would increase by more than 10 percent, in any 12 month period, only if all code required parking is provided, unless a waiver or reduction of the parking requirement is authorized by use permit approved by the Planning Director. b. Less Than 10% Increase A nonconforming structure or use may be enlarged by less than 10 percent of its original gross floor area or intensified to generate less than a 10 percent increase in code required parking, upon the 1223/04 1526 \02 \479227.3_9.6.2007 (b .5 Page 20.62 -8 Nonconforming Structiues and Uses provision of code required parking attributable to the enlargement or intensification. 4. Removal. All nonconforming rights with regard to parking shall be lost for any non - accessory building which is demolished. 20.62.065 Landmark Buildings A. RMose. To preserve historic structures, encourage their adaptive reuse, and revitalize the older commercial areas in which they are located by granting relief from restrictions on nonconforming uses and structures in this Chapter while maintaining the principal use and minimizing impacts on the surrounding area. B. Applicability. The following types of buildings are recognized as having importance to the history and architecture of the City of Newport Beach and are collectively designated as Landmark Buildings: Landmark Theaters. The term Landmark Theaters shall mean any building constructed for use as a cinema or theater that (a) was constructed on or before December 12, 1950; (b) has a single screen or stage; and (c) was designed to seat more than 300 people. 2. Landmark Structure. The term Landmark Structure shall mean any building listed on the National Register of Historic Places, constructed prior to December 12, 1950. C. Exemptions. The principal use of a Landmark Building may be modified, maintained, altered, increased or intensified by way of a change in operational characteristics without obtaining a use permit required by Section 20.62.050 (A) or the provisions of Section 20.82, subject to compliance with the conditions of Subsection (D) and irrespective of whether the principal use has been inactive for any period of time since inception. An accessory use may be initiated, or intensified by way of a change in operational characteristics, in a Landmark Building without obtaining a use permit required by Section 20.62.050 (A) or Section 20.82 subject to compliance with the conditions of Subsection (D). Structural alterations may be made to a Landmark Building without obtaining a use permit pursuant to Section 20.62.040(C) subject to compliance with the conditions of Subsection (D). For purposes of this Section the term accessory use shall mean any use that is permitted as a matter of right or pursuant to a use permit in the zoning district in which the Landmark Building is located. For purposes of this Section, the term principal use shall mean, in the case of a Landmark Theatre, the (i) display of motion pictures; and 12/23/04 1526\02 \479227.3_9.6.2007 i Page 20.62 -9 Nonconforming Structures and Uses (ii) any similar entertainment use that occurred on a regular basis within the structure from its inception to January 1, 2003. In the case of a Landmark Structure, the term principal use shall be the use that occupied the greatest amount of floor area as of January 1, 2003. D. Conditions. The exemptions specified in Subsection C are applicable on the following conditions. Any new use that is initiated, and any use that is intensified by way of a change in operational characteristics, is accessory and remains subordinate to the then current and ongoing principal use of the Landmark Building. 2. The principal use of the Landmark Building occupies, at all times, no less than seventy percent (70 %) of the of the gross floor area of the Landmark Building. 3. A use permit is issued pursuant to the provisions of Chapter 20.89 (Alcoholic Beverage Outlets) prior to the initiation of any accessory use that involves the sale or consumption of alcoholic beverages. 4. Any permit required by any other titles (other than Title 20) of the Municipal Code has been issued prior to the initiation or intensification (by way of a change in operational characteristics) of any accessory use of the Landmark Building. 5. Any accessory use in any Landmark Theater is conducted between the hours of 8:00 a.m. and 12:00 a.m. 6. The required off - street parking of all uses after any additions, intensification, modification or expansion (including credit for reductions in off - street parking resulting from the elimination of accessory uses existing on January 1, 2003) is less than the required off - street parking for the principal and accessory uses prior to any additions, intensification, modification or expansion. The fagade and/or exterior architectural features of the Landmark Building are not substantially altered or are restored to original condition and the exterior walls of the Landmark Building remain in substantially the same location as they existed on January 1, 2003. 1223/04 1526 \02 \479227.3_9.6.2007 t-) Page 20.62 -10 Nonconforming Structures and Uses 20.62.070 Restoration of Damage or Destruction A. Nonconforming Use. A nonconforming use occupying land, a building, or portion thereof which is otherwise conforming and damaged or destroyed by fire, explosion, earthquake, or other disaster may be reestablished, provided that restoration work is commenced within 12 months after the damage or destruction occurs and is pursued diligently to completion, and provided that an abatement period for the use has not been established pursuant to Section 20.62.090. B. Nonconforming Structure or Parking Determination of Replacement Value. The replacement value of the structure shall be determined by the Building Director. However, the Building Director shall accept the appraised replacement value of the structure as determined by an independent, licensed appraiser retained by the property owner, should the property owner choose to do so. The replacement value of the structure shall be in excess of the building foundation at the time of the damage. 2. Up To 90 % Damage or Destruction. a. General Provisions. A nonconforming structure, which is partially destroyed by fire, explosion, earthquake, or other disaster, may be repaired or restored as a matter of right if the cost of the repair or restoration is less than 90 percent of the replacement value of the structure. The rights conferred by this section are contingent upon diligent application for a building permit after the damage or partial destruction occurs and diligent pursuit of repairs to completion. b. Special Provisions. Notwithstanding the provisions of subparagraph a, where a structure is nonconforming due to an encroachment into a setback or into the required distance between buildings, and the encroachment is more than 90 percent destroyed, a modification permit shall be required for replacement or repair of the encroachment. When a structure is nonconforming due to excessive height, bulk, gross floor area, or lack of open space, and the nonconforming condition is more than 90 percent destroyed, the nonconforming condition may be restored only after approval of a use permit approved by the Planning Director pursuant to Chapter 20.91 with the 1223104 1526 \02 \479227.3_9.6.2007 0,2 Page 20.62 -11 Nonconforming Structures and Uses following additional findings, subject to the limitations in Subsection D below: (1) That replacement of the nonconforming condition is necessary to maintain reasonable use of the structure or individual condominium unit. (2) That replacement of the nonconforming condition is necessary to preserve a substantial property right. 3. Greater Than 90% Destruction. If a nonconforming structure is damaged or destroyed by fire, explosion, earthquake, or other disaster to an extent of more than 90 percent of its replacement value, then the nonconformity may be restored only if a use permit is first approved by the Planning Director provided application for the use permit is made within 12 months after the damage or destruction occurs and the following findings are made in addition to those findings required in accordance with Chapter 20.91 subject to the limitations in Subsection D below: a. That replacement of the nonconforming condition is necessary to maintain reasonable use of the property or individual condominium unit. b. That replacement of the nonconforming condition is necessary to preserve a substantial property right. 4. Removal of Portions of the Structure Not Destroyed or Damaged. If a nonconforming structure is damaged or destroyed by fire, explosion, earthquake, or other disaster to an extent of more than 50 percent of its replacement value, then a maximum additional 20 percent of the structure may be removed and replaced if necessary to pursue restoration of the structure. Any additional portions of the structure may be removed and replaced, only upon the approval of a use permit by the Planning Director and subject to the following findings in addition to those findings required in accordance with Chapter 20.91. a. That substantial additional expense would be created by the necessity of working around the additional portion of the structure to be removed when repairing the damaged or destroyed portion. 1223/04 1526 \02\479227.3_9.6.2007 m Page 20.62 -12 Nonconforming Structures and Uses b. That replacement of the nonconforming portion ofthe structure which was voluntarily removed is necessary to preserve a substantial property right; or that the rebuilt portion of the structure will more nearly conform to the provisions of this code. C. Aging and Deterioration. The provisions of this section shall not be construed to permit replacement of nonconforming conditions in structures undergoing renovation, remodel, or reconstruction, structures damaged by ongoing natural processes such as dry rot or termites or structure which have deteriorated due to age. D. Condominium Units. When a use permit is required for replacement or repair ofany condominium units which are damaged or destroyed by fire earthquake, explosion, or other disaster, no reduction in the number ofunits shall be required. The replacement units shall be permitted to be equivalent in size and location to the units which were damaged or destroyed. 20.62.080 Termination of Nonconforming Status A. Unless otherwise provided in this chapter, a nonconforming use must cease operations and cannot be reestablished when one or more of the following events occur: The nonconforming use remains inactive for 180 consecutive days, except as provided in Subsection B, below. 2. The nonconforming use is converted to a conforming use. The nonconforming use is enlarged, extended, expanded or in any other manner changed to increase its inconsistency with the regulations of this code. The abatement period expires as set forth in Section 20.62.090. B. Exceptions. In nonresidential zoning districts, and in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, a nonconforming use which has been inactive for 180 days or more may be reestablished, subject to the approval of the Planning Director upon finding that: 1223/04 1526 \02\179227.3_9.6.2007 �Q Page20.62 -13 Nonconforming Structures and Uses a. The use is normally permitted, either by right or by the approval of a use permit, and is nonconforming only by virtue of the required conditions of the district in which it is located; and b. The property or structure where the nonconforming use was located contains a substantial investment in the structural design, equipment, or fixtures that are unique to and necessary for the operation of the former use; and C. The property owner has made a good faith effort to reestablish the use and has maintained the property in a manner to prevent unsafe or unsightly condition during the period of inactivity. A nonconforming use that has been inactive for 180 days or more may be reestablished when located within a Landmark Building, pursuant to the requirements of Section 20.62.065. C. Abatement. Whenever the Planning Director finds that any of the conditions set forth in Subsection A exist, the Planning Director shall issue a written order of abatement as specified in Section 20.62.090.P of this chapter. 20.62.090 Abatement A. Time Periods for Abatement. Nonconforming uses shall be abated and terminated upon the expiration of the periods of time set forth below. Nonconforming, Use of Land When No Structure Is Involved. In any district, the nonconforming use of land not involving a structure shall be abated within one year following approval of an inventory containing the use pursuant to Section 20.62.090.B; or within one year after the Planning Commission completes proceedings for the abatement of the use pursuant to Section 20.62.090.E. 2. Nonconforming Use of Land Involving a Structure. a. In Residential Districts (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, a nonconforming use of land involving a structure shall be discontinued within two years following approval of an inventory containing the use pursuant to Section 20.62.090.B. 1223104 1526 \02 \479227.3_9.6.2007 t` � Page 20.62 -14 Nonconforming Structures and Uses Exception: Multi - Family Residential uses and Two - Family Residential uses located in Residential Districts (Chapter 20.10), and in areas where residential uses are provided for in Planned Community Districts or Specific Plan Districts, which are nonconforming only in terms of their density or parking or their use as Multi - Family Residential or Two - Family Residential shall not be subject to abatement. b. In nonresidential districts, and in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, the nonconforming uses of land wherein a structure is involved shall be discontinued within ten years after the Planning Commission completes proceedings for the abatement of the use pursuant to Section 20.62.090.D. C. Notwithstanding the above, any maximum abatement periods specified in Planned Community Districts or Specific Plan Districts shall be as shown in the specific plan or development plan. Exception: No abatement period will be set for the use of a Landmark Building (see Section 20.62.065), which may be changed, expanded, increased or intensified and structural alterations may be made subject to compliance with the provisions of Section 20.62.065. B. Procedures for Abatement of Uses in Residential Districts. The following procedures shall be followed prior to any abatement of nonconforming uses in Residential Districts (Chapter 20.10) and in areas where residential uses are provided for in Planned Community Districts or Specific Plan Districts: Inventory. Within one hundred twenty (120) days of the effective date of any ordinance that causes an existing use to become nonconforming or which imposes an abatement period on existing uses, the Planning Director shall begin to identify and inventory all nonconforming uses subject to abatement in Residential Districts (Chapter 20.10) and in areas where residential uses are provided for in Planned Community Districts and Specific Plan Districts. The inventory shall be completed in a timely manner. 2. Notice of Inventory. Following completion of all or part of the inventory, the City shall send written notice, by first class mail, to the owners of all properties, as shown on the last equalized assessment roll, identified by the inventory as nonconforming uses subject to abatement. Occupants shall also 1223104 1526 \02 \479227.3_9.6.2007 VIZ Page 20.62 -15 Nonconforming Structures and Uses be notified as specified in Section 20.91.030.C. Within 45 days ofthe mailing of the written notice, any property owner, occupant, or authorized agent may submit a complete application to the Planning Director demonstrating that the use conforms with the use regulations and required conditions for the district in which it is located. The Planning Director shall make a determination no more than 90 days after receiving a complete application. The Director shall modify the inventory as required. 3. Planning Commission Hearing. The Planning Commission shall consider, at a public hearing, whether the uses identified in the inventory are nonconforming and so subject to abatement. Notice shall be provided to all owners and occupants of property within 300 feet of those properties identified as nonconforming, as specified in Section 20.91.030.C. The Commission shall approve, approve with changes, or disapprove the inventory of nonconforming uses subject to abatement. 4. Further Notice to Owners. Within 14 days following approval of the inventory of uses subject to abatement, the City shall send written notice, by first class mail, to the owners of all properties, as shown on the last equalized assessment roll, identified in the approved inventory as nonconforming uses subject to abatement. The written notice shall describe the abatement period and the procedures for requesting an extension ofthe abatement period. Ifany existing uses may become conforming upon the approval of a use permit, the written notice shall describe the procedures for applying for a use permit. C. Extension of Abatement Period. 1. Purpose. A property owner may request an extension ofthe abatement period to amortize the property owner's investment to avoid an unconstitutional taking of property. The City will evaluate evidence of economic hardship arising from abatement, the nonconformity's impact on the community, and other factors that may affect the length of the abatement period required to avoid an unconstitutional taking. 2. AvOication Requirements. The owner of property subject to an abatement period, or his authorized agent, may file an application for extension of the abatement period no later than 180 days prior to the expiration of the abatement period set forth in this chapter. The application shall be filed in a manner consistent with the requirements contained in Chapter 20.90, and shall include the following additional information: 12123104 1526\02\479227.39.6.2007 Page 20.62 -16 Nonconforming Structures and Uses a. The length of the requested extension of the abatement period. b. Evidence in support of the findings included in Section 20.62.090.C.4 below. 3. Notice and Hearing; Planning Commission Action. The Planning Commission shall review the application for an extension at a public hearing. Notice shall be provided to all owners and occupants of property within 300 feet of the property, as specified in Section 20.91.030.C. The Planning Commission, by resolution, shall approve, conditionally approve, or deny the request for an extension to the abatement period. The resolution shall include findings of fact, as required by Section 20.62.090.C.4 below. 4. Findings. In reviewing an application for an extension to the abatement period, the Planning Commission shall grant an extension only as required to avoid an unconstitutional taking of property. The Commission shall consider: a. The length of the abatement period in relation to the owner's investment in the use, including, but not limited to, the cost of the property and improvements, the length and remaining term of the lease under which the use is maintained, structural alterations or en- largements, and the installation of major equipment prior to the date of nonconformity; b. The length of time the use was operating prior to the date of nonconformity; C. The suitability of the structure for an alternative use; d. Harm to the public if the use remains beyond the abatement period; and e. The cost and feasibility of relocating the use to another site. Other evidence relevant to the determination of whether an extension of the abatement period is required to avoid an unconstitutional taking of property. 5. Notice to Owner. The Secretary of the Planning Commission shall formally notify the owner of nonconforming property of the action of the Commission 12/23/04 1526\02\47922739.6.2007 Page 20.62 -17 Nonconforming Structures and Uses by mailing the owner a copy of the resolution not later than 10 days following the date of its adoption by the Planning Commission. D. Establishment of Abatement Period in Nonresidential Districts. Planning Commission Action. Where the Planning Commission determines that the orderly termination of a nonconforming use in a nonresidential district, or in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, 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, it shall establish a ten -year abatement period pursuant to Subsection A.2. 2. Notice and Hearing. Notice and hearing shall be provided as specified in Subsection C above. If the owner desires a longer abatement period, the owner may present evidence as may relate to the case. Following thehearing, the Planning Commission shall establish or refuse to establish an abatement period. If the Commission decides to establish an abatement period, it shall follow the procedures specified in Subsection C above. E. Nonconforming Uses Requiring Only a Use Permit To Become Conforming, Application for a Use Permit. If a use is deemed nonconforming solely because the Municipal Code was amended to require a use permit for that use, the property owner, occupant, or authorized agent for the use may submit a complete application for a use permit within one year following approval of an inventory containing the use pursuant to Section 20.62.090.13. 2. No Extension of Abatement Period. The filing of an application for a use permit will not extend any abatement period prescribed in Section 20.62.090.A. F. Order of Abatement. Order of Abatement. Whenever the Planning Director finds that any of the conditions set forth in Section 20.62.080.A exist, the Director shall issue a written order of abatement and shall give notice given to the property owners and all persons in possession of the property. Unless the nonconformity has been previously abated, the owner and/or person in possession shall comply within the time and in the manner stated in the order. 12/23/04 1526 \02 \479227.3_9.6.2007 a4) Page 20.62 -18 Nonconforming Structures and Uses 2. Enforcement. The City shall be authorized to enforce the provisions of this Chapter by civil action, utilization of the procedures in Chapter 20.96, or any other proceeding or method permitted by law or equity. 20.62.100 Rights of Appeal A. Anneals. Decisions of the Planning Director or the Zoning Administrator 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. 12/23/04 15261021479227.3_9.6.2007 f b EXHIBIT 8 Exhibit E (New Chapter 20.91A) c11 THIS PAGE INTENTIONALLY LEFT BLANK 0 Page 20.91A -1 Use Permits in Residential Zones CHAPTER 20.91A USE PERMITS IN RESIDENTIAL DISTRICTS Sections: 20.91A.010 Purpose 20.91A.020 Application Contents 20.91A.030 Development and Operational Regulations 20.91A.040 Required Findings 20.91A.010 Specific Purposes The specific purposes of this chapter are: A. To promote the public health, safety, and welfare and to implement the goals and policies of the Newport Beach General Plan by ensuring that conditional uses in residential neighborhoods do not change the character of such neighborhoods as primarily residential communities. B. To protect residential neighborhoods with nonstandard subdivisions, areas with substandard lot widths and areas, minimal setbacks, and narrow streets and alleys, from an overconcentration of conditional uses that have greater impacts on residential areas with nonstandard development patterns and which have greater impacts than those envisioned at the time of the original subdivision and development. 20.91A.020 Application Contents In addition to the application requirements contained in Chapter 20.90, Application Filing and Fees, an application for a use permit in a Residential District (Chapter 20.10), or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, shall be accompanied by the following information and plans: A. Required Information. Facility Users. Number and types of users of the facility (including staff, clients, visitors, students, etc., as appropriate). Operational Characteristics. Hours of operation, types of activities, and typical attendance at activities. 1223/04 1526 \02 \479228.3_9.6.2007 Page 20.91A -2 Use Permits in Residential Zones 2. Transportation and Parking. Availability of public transportation; expected parking demand and vehicular use, including bicycles and other non- motorized vehicles; means used to transport facility users; and probably routes used on a regular basis to off -site facilities, including those outside the City of Newport Beach. B. Required Plans. Location map showing all conditional uses within three blocks, including property addresses; site plan showing uses and structures on adjacent parcels. C. Operations and Management Plan. Operations and management plan to ensure compliance with state and local law; and rules of conduct for all users of the site. If the use permit is for a residential facility, such as a residential care facility or a bed and breakfast inn, also indicate the number of residents per bedroom, maximum number of occupants, typical length of stay, and any guest or client rules of conduct. 20.91A.030 Development and Operational Regulations A. Separation of Conditional Uses. To preserve the character of residential neighborhoods, no conditional use shall be located within 75 feet of another conditional use, measured from the exterior property lines of both uses, except that, within the area included in the Nonstandard Subdivision Map (incorporated herein as Map 20.91A), no conditional uses shall be located within 300 feet of another conditional use, measured from the exterior property lines of both uses. 2. The provisions of this Paragraph A shall not apply to the approval of a use permit for an existing nonconforming use which is nonconforming only by lack of a use permit. B. Maximum Occupan cy. There may be no more than 2 residents per bedroom, plus 1 additional resident. C. Outdoor Smoking. No staff, clients, guests, or any other users of the site may smoke in an outdoor area within 15 feet of the property lines of the site. D. Management and Operation. The property shall be operated in compliance with applicable state and local law and in conformance with the management and operating plan and rules of conduct submitted as part of the application for a use permit. The operator shall obtain a business license for the use if required by the City. E. Nonlicensed Residential Care Facilities to be Occupied by Individuals with 120104 1526 \02\479228.3_9.6.2007 \ V J Page 20.91A -3 Use Pertnits in Residential Zones Disabilities. The standards listed below shall be applied to all nonlicensed residential care facilities serving individuals with disabilities, to ensure that these facilities are operating in a manner that is consistent with state and federal law and with established standards, and that the operators do not have a pattern or practice of operating similar facilities in violation of state or local law: The facility shall not be required to be licensed by the State of California, and owners, managers, operators, and residents shall not provide onsite any services which would require licensure of the facility under California law. 2. The facility shall receive any certification specific to the type of facility that is available from a governmental agency or qualified nonprofit organization, including, without limitation, certification by Orange County under its Adult Alcohol and Drug Sober Living Facilities Certification Program for cooperative living arrangements providing an alcohol- and drug -free environment for persons recovering from alcoholism or drug abuse, or both. The names of all persons and entities with an ownership or leasehold interest in the facility, or who will participate in operation of the facility, shall be disclosed in writing to the City, and such persons and entities shall not have a pattern or practice of operating similar facilities in violation of state or local law. 4. The operator of the residential facility shall provide a list of the addresses of all similar facilities in the State of California owned or operated by the operator and shall certify under penalty of perjury that none of such facilities have been found by state or local authorities to be operating in violation of state or local law. The Zoning Administrator shall verify such information. 20.91A,040 Findings In addition to the findings required by Section 20.91.035, the Planning Commission shall make the following findings before approving or conditionally approving an application for a use permit in a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts: A. The use conforms to all applicable provisions of Section 20.91A.030. B. The project includes sufficient on -site parking for the use, and traffic and transportation impacts have been mitigated to a level of insignificance. 12/13/04 1526\02 \479228.3_9.6.2007 \Qi Page 20.91A -4 Use Permits in Residential Zones C. The property and existing structures are physically suited to accommodate the use. D. The use will be compatible with the character of the surrounding neighborhood, and the addition of the use will not change the residential character of the neighborhood, such as by creating an overconcentration of non - residential uses in the vicinity of the proposed use. The provisions of this Paragraph D regarding overconcentration shall not apply to the approval of a use permit for an existing nonconforming use which is nonconforming only by lack of a use permit. Nonstandard Subdivision Map MAP 20.91 A 1526\02 \47922839.6.2007 OCEAN 12/23/04 \')L- EXHIBIT 9 Correspondence received since Aug. 23, 2007 1Q--� THIS PAGE INTENTIONALLY LEFT BLANK 1 06� August 23, 2007 Mr. Robert Hawkins Planning Commission, Chair City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: Short Term Lodging In RI Dear Mr. Hawkins, - ED 710 AUG 22 PH 3: 06 p 1 Date sL `cv" Copies Seat To: ayor /Council Member �anager I live at 126 East Oceanfront and greatly enjoy the beach life style. I pride myself in my frequent use of the ocean and boardwalk as an avid sports person and people watcher. I do not support short-term lodging in RI areas on the Balboa Peninsula for reasons set forth below. I also believe, however, that all addresses in RI on the Balboa Peninsula should have the same rental privileges for both short and long -term lodging. I do not have a view concerning other R I areas in Newport as I have only lived in Newport Beach at my current address. Although I owned my home when 5.95.020 was amended in June 2004, I was not aware of the need to secure a Short Term Lodging Permit or forever lose such right. Although Mr. Harp and Glen Everroad have been helpful and have assured me that residents were given proper notice,.I believe that I should have received at least a postcard about the amendment as is the practice with many other matters under consideration by the City of Newport that directly effect a property owner or resident. Moreover, staff members of the Revenue Department told me that certain real estate brokers were contacted directly by the Revenue Department about the proposed amendment. My lack of support for short term lodging in R1 is the result of my vastly different experiences with the homes that are immediately to the east and immediately to the west of my home. The home to east is rented on a year round basis to a large family. They are "good neighbors" in the truest sense of the term. The home to the west has a short term lodging permit that has been maintained by the "address" although the house was sold in April of 2006 and is once again on the market. Although the house is managed by Burr White Realty who I consider very professional, it is my first hand experience that they cannot regulate the "day and night" atmosphere of partying that often characterize the short term lodgers to my west and at other addresses near by home. Although I enjoy the 105 sound of a family having fun, as is the case with a minority of the short term lodgers, I am quite disturbed by anyone anywhere that is loud, smoking and generally oblivious because of the effects of alcohol. I disagree with the notion that number of DACs issued by the police reflect the impact of Short Term Lodging on the Balboa Peninsula given the unwillingness of neighbors and myself to contact the police given our concern about "what happens after the police are gone ". There are legitimate reasons why year round residents on the Boardwalk breathe a sigh of relief after Labor Day. Unfortunately, weekend rentals during the non - summer months can be as disruptive as summer rentals. To summarize, from a lifestyle perspective, a full time resident is usually a much better neighbor than a short--term lodger. I am aware of the economic arguments set forth by certain homeowners and rental agents concerning short-term lodging. If a long time permit holder complains about "economic hardship," I would advise them to compare the market value of their property to its basis. In all likelihood they have already done very well on their residential property, turned "investment" property. Tax laws would provide them with a favorable means of substituting their residential property for an investment property not in an RI area. I am also quite sure that the rental agents understand that business environments sometimes change quickly as evidenced by the recent downturn in the national real estate market. A compromise between eliminating all R1 Short Term Lodging Permits on the Balboa Peninsula or maintaining the status quo, and also a solution that would return fairness to all RI addresses, would be to allow the issuance of additional Short Term Lodging permits but change the year or number of annual days when they may be used. For example, perhaps odd numbered Short Term Lodging Permits would be valid in odd years and even numbered Short Term Lodging Permits would be valid in even years. Regulating such activities could .be as simple as requiring rental properties to exhibit a notice detailing the dates of permissible rentals periods. In conclusion, I would like to reiterate that I do not support short-term lodging in RI areas on the Balboa Peninsula and believe R1 areas should be preserved for year round residents. I also believe, however, that all addresses in RI on the Balboa Peninsula should have the same rental privileges for short-term lodging. Sincerely Yours Max Isla � cc: Planning Commision and City Council ;�O PLANNING DEPARTMENT CITY HALL 3300 NEWPORT BOULEVARD P. O. BOX 1768 NEWPORT BEACH, CALIFORNIA 92658 -8915 Memorandum To: Planning Commission From: Patrick J. Alford, Senior Planner (949) 644 -3235 palfo rd 65) city. newport- beach. ca. us Date: September 18, 2007 Re: Response to CCNB Proposals Attached for your use is Goldfarb - Lipman's response to the proposals presented at the last Planning Commission meeting by Concerned Citizens of Newport Beach. In this redline, the base document consists of their proposal, and the changes reflect the current proposal, which shows how the current proposal differs from what they proposed. The discussion in each section explains why their proposals weren't adopted. 1 C�m�rrxYlGiti� -twts:+F,+l�ytoa- F3eaolfs ltequestett R��uis+ ens tH.Stn�T s dm(t Rttsidentia! Cdt +'cy noilitios Ordin.nleesChnnter 20.00 General Provisions Section 20.03.030 Definitions —J�- =1�tcgml Pncilitieti. Two or mure Residential Care Facilities (tiny combination of Small Licensed, Small Unlieetr.-eda "pnliccn4e�i or Gcncml)�o Cirnup = =Itcsidontiat -u;c�, as defined in Section 20.05. 030, OF 4 Reskeet+x3- (env- Fao+liaus- and 6wttp Resident6l -u,w%q which may or may not be on a single or 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 tueil+t - Lmerh- r wgial- aes y s t include but -orac ,tsili includinu but not limited to, providing housing in one residential cal facility and recovery, treatment, meals- +unnegeutwt. or other services in another rctAidginial utttwiHuaFS- ��itit -a t4ival.i{ity; by designating one masideueeFCSidenlial care facility to provide recovery, treatment, meals, M tmgentent or other services for several liesidetttial-fttfa &tclities idcutlial. care facility; or by assigning staff to serve more than one resift Ill cite facility located on the same site or within the saute building. As defined by Stoic law, all alcohol or drug abuse recovery or treatment services within any one place, prwnise -site, or building shall be considered to be one fcsi eat' 1 Ix. facility. Residential care facilities that are eligible to be licensed as a single facility under State Law shall be considered to be integral facilities, regardless of the number of licenses actually held. —2:- - 4;ecahr \oncanfonnine Stnlcurre;b A structure that was lawfully erected, but which does not conform with the property development or- use - regulations prescribed in the regulations for the district in which the structure is located by reason of adoption ofAK amendment of this code or by reason of annexation toqf territory olj,-;t the City. A- huilding -or structure shall not be considered to have been "lawfully erected" and is an illegal structure if,1t the time of construction or modification, it ttvs constructed or modified without required 1526024828S8.2.9.17.2007 permits, but not limited to permits— lieen:;erttr eer"eagaos required by any federal, state, or local government agency. 3• hegal=iyonconfornting User; A use of a structure: ofgr land that was lawfully established and maintained, but which does not eonfonn wilh the use regulations— inoluding obtaining ewe peNnitrlieeusesoweertrNeaHOns or required conditions for the district in which it is located by reason of adoption or amcndutent of this code or by reason of annexation orgj territory to the City. L�J1ttu�Onfonnittr;atse ipclllde t e t��l �'t1 atyfully csrnblished and maintainc"u_t• is contlitio nl v_penn'tta 'n the district tmd h is not obSaittccl_n use nernnit. A use shall not be considered to have been "lawfully established and maintained" if ut tho�inx� the use waF-e- oabWwd -it was established without dte- required pennits=capi4Qatintts or licensesroFan arty- titttcrs +nea thr tro .vets- establi±lte(J=it -+acts gE_hp tin operated pt nn� v Iim_ without the required permits; c)A licensesor-cuai +eurion;} -,'Ihe required pennirs ofag licenses include, but are not limited to�prntiits= nndvticenses�tbose required by any federal, sinte--andX state--and local government. t 526%o2W828582 9.17.2aa7 2 Section 20.05.030 Mriinitinns -- Residenti d Cnre Facilities GencraL Any place, yfeo+ise; site or building, or groups of places, promisesr -sites or buildings, including integral facilities (as defined in Section 20.03.030), licensed tcryiroµieta F�rdential- eat�o- disatrFec{ perNees- 4w- Uuslilt! OF ct+tl ansedor_n_onittensed, in which seven or more individuals with a disability reside who arc not living together as a single housekeeping unit and ��hQ,hnve. n�tt'eA to reside in the faciliry fpr31 d�s�4 nip;1. and _in which every person residing in the facility, excluding theyu licensee, members of the licensees family, or persons employed as facility staff, is an individual with a disability. -2-Q Residential Care Facilities, Simall Licensed. State licensed facilities that provide care, services, or treatment in a community residential setting for six or fewer indivicluak- wiFlr�t =di arbiliry-= A"i-eatag aw irtetHC s�thusc�rusidrttrsal -taw liietlitses -th +t d s~child�tn or adults end children and w rich are required by State 1 IRM :19 to be treated as a single housekeeping unitrfgr zonin g numoses. Snmll licensed residential care facilities shall be subject to all r�insl t�se�tt l_nn2tmnv develo_n_ment 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 +txltwdtiak wit#te tlisatbility rh�l ti1S - childccn aS ;idultxanachildmit if such facilities operate as pan of integral futilities, as defined in Section ?Eh03,OY420.01030_Mien such inteend facilities serve seven or more 3 1526WW82858,2_9. t 7,2067 4rZi Residential Core jFpcilitics. Small Uilkwmt ed- r\bnlitxnsed_ Any place, praniise site or building, or groups orpf places, pwtttisos -dies or buildings, which ttfejA not licensed by the State of California tit prftvitk -r iul- cwra}te- Elisttbled petisom9nd is no upireslh�llutiro..bcJiccnscd by the Sltltc in which six or fewer individuals with a disability reside who are not living together as a single housekeeping unit nn_ -tirced t(L[eside�tLihe f,�cilily for 31 , vs or a) and in which every person residing in the facility, excluding persons employed as facility staff, is an individual with a disability. This classification does not include ttwllicenscd (acilitics that provitloearu�srwiueurt +catrttenFin a- u.nnlminity- rrNdc+ltr+- M1uinf foru_A4 six or fewer individuals with a disability if such facilities operate as part of integral facilities, as defined in �. --- R��idrwtHnl- �tu�•• lutrrnetvcl- 4�+ �flay�futw�fl: wprUpectet +s- irtelurled- irt•thia•(aveflny ;<c+ta� -a rcNil ltnttr lied- Ftn�haA4 n pi rt•aNaehrotertt��lu�rh i s- �hatkuak-= 1 =tri•{ =ice tttl S°a ntbd eclar�s -thnt t+ 4tltin- 1hi�wslaty- i4 +ru�shurcwut3a+tt{reri�ts W rruw. veak�4tt+ :rHe+t- r>f= rai,tirtg- ra?sit{ent ial -rata taei{ its;-: �= hi�u+ ar�serteet> trativn- htts. ��sultetl�in�hc+- cst�satiutt- el:- tttt- rttsi +ttttiElltal- wnviroruttwtt withitrtlrr-t 4voAuy- hc+t><�whii§l�r.:ltar,nfu kfur- the- diSnAlzd. �7tis�ituatiutrir ;- 1'trft{tet�t > »tpettrtcird by- the -rusts filial l> oopertias�vitkir�thisClvurtny= �rtaatre•sigtt ('rconlly- tttofa+tnHe+v -that sat#rev r::idenrr;tl,t,,:H+�vty- itMtlH; Gity,�Ytnvu slwraat= hu�lding s. tMrcli:= u- high.,�ttrrtwvurtgu•ntmtl>el�ul Nlat-= i1• hasthettwcheet- cuncuntntwn +)G4 ice nsed-ttntl -uni nkd- resielemia{=cnrirfKvkri ruing tho -<lis rhled i)I an} ctly md= lnulyc+ C�nenty = I'llu rtde oGuoercutrcentmtion •is uvell grIM113"n -11w Overlay-7:one n.: ueb •the- CIO y- busAletcrillil led 111;11 17tvli- ir- n- sp:ainhncril =to- utrnblish :1 dis {xatsll- rut{ulremeIII of its p:lnicnlaf nso rhetaetefistks anA- ft- em_44+tg set weFal tuK{ RvsidentUcCom lmclhiies.- Solmlllinhcellsed= 4 1526,021AS2353,2 9,17.2007 39�ut1at5it+NC��r:ur -A- lies+ dee...,. a., �„ �':, eilit 3;- fienu�thtttx t- (ivsiEiattttit,w- C-ctra foci{ ity:- btrliesnrcl- weld -1>a sett.: iik+ t- rd- �e�tt+-, l- ittFatrn�- h�eyuunuy-- istorettw�s -the t1UFlt:i(fg{i�fiEy ?tif 18HftitfiAYC•) E1e- tlltlllbCF01'°E/CGU�'1111 S°II =1 Mll�i15 °(i�i�IC•(�Ftki1�10 -1 N t1V1�a1 -Goole w- tra- tttauncidddty at>�ity- C�outtuil- Utt=4,_ �o - =-- =tea,,= �(lt1? �'Fhc�buttluttti�Irlltu the- uuntbewuf tmautpant¢- clw+ja- thtr�tttathet�eC- �+eetry> Mitts- ctlx> w�lte- ttunihet-- Ht- tttte�tlwnts -it Inttr;� t+ol =thc dat�kllro =t�Luiiuiptd Codo >wusautemled by-the Gity -Counc l•ott — a1167, r hunter= 2_0.10 ISWONS233S.2 917.2007 Residential District And Chanter 20.40 Snccific Plan Districts I . Section 20.10.020 ( Residentinl Districts) iesidendnl R -A R -t R -1.5 R -2 MFR Residential Cane: Facilities, Small lfnlieent�d ' (icenge (0): Integral facilities, as defined in Section 30&r030�Oz,Ot0 c ^D1a+)�cev_cn or_ntem Qts are classified as residential care facilities, general. Residential care facilities, general, and residential care facilities, small unhuensednonlieascd, would normally be prohibited in all residential zones as a group residential use. To facilitate housing for persons with disabilities, residential care facilities, general,, may be permitted with a use permit in the MFR zone, and residential care facilities, small uxlier+iseelttgnliecuscsl, may be permitted with a use permit in the R.1_L —M ,and��IFR zones. (91 All d C-aFti� 1 ttuilitios�+xal1 13tt + ieensetl:- Shall-- +�+;tet'- �wt!>° tiro- Wa+x++ nor- F)opaarnant- thk�y�(30}- days;- €tRur�tis-- A4txtia+pai "a C-hepte+�s�urn•Irctad�y- tlh�ii� Fowtc»I�t: _ _ _ '09�att o 4'c+t +trobtuHteEl t+t+xi- tlto =ultnx »ne-I xHi�+x-. %+ice Iiag+stretiu++��F fo+�ali wrposes- c���iclirrr� the (; 4.) min det�+ tami+ rirr;-- i�utq >♦i ;ooKCswllt-- th��- MHxi��il:at = L�xlc+yuut+it�ts- +xtcl'- trip- aa°intiny�fuc +lrFitM=tu iwwl�y: �5+ xc, N-- l�uliar+ lstvimf8uls- ttt�- �4Sieral, �naluicr+};•-+ t- e► xi{ 1- Eie- d.�cwiecE- e+.lvminiio +r�ktl+k +WunioiiwK�ide —, ilk- to >w•Residoxtisi�se- 4vtcilitie;� Gexe+ z+ i- and- itc�siEiext +sl- �ot�oeilitivs: Snsii l- WdtccusetiahulJ�rtrgisteHVith• the= d '- lurxx�- Fhparmicui- pr+�u =to-thc =axe haing- u.;tuhtishni: theww- shcdl•be -flftinedw•hi w�ti•iild�a#{westahlished erection 20.41.050 (Newport Shures7=.-Residentinl) 6 1326'021C8235S.2 9.07:27 Reidential Additional Redulatlons �+cnmrrr• ^• (� (!)Integral facilities, as d6tried in Section arcing seven or inQre ndulis, are classified as residential care facilities, general. Residential care . facilities, general, and residential care facilities, small unlicansednonlicensed, would normally be prohibited in all residential zones as a group residential use. To facilitate housing for persons with disabilities, residcntini care fncilities, general- may -bo penmued with —U==-Usa= parr aril -•-i I tio MIA ;tare, and residential care facilities, small unlieenwdnonliccnsed. may be permitted with n use pcmut4n-;4x- N44LR- wines. iq) LHI Add(, ki+lctlho-�Ab1_ eunclerurdditiirnal_renulation'g _ql -W >) jJ1 {,W �Aii c i Ming -Re idential Carr -F ae+iibie 4ienoai�l- arnrHie idouHt.4 hose i auilitie-, NU Meipal Cede Ca>tlpmr -i3 tlmenikd by -IIuA City- Cwnx+il of _ �86? -olrtl fUfm• O67AIneil^ ir011tdlK'- irIAHn111� =I'hil;ifln1e111� =° Ti16�i: vg1i11: Ni1111= 15° fpl '4IIFpnr(X15ttS °(lf�Nlnl� -1IW de��el�i++e- +�hetitzro -Il..c + ratan,' t#' ie_,' T -i�[ tote, idcwtiol- C- tN�- kooiJiyt- 6altrtai- et:Ni<+�sklcwttial•�ore ins- c :ellcr.•ehand- ResiderN iakC'srnrllof titian: tifra rtureut�nriHr- 7�Iltwl:.cbbeil��;ulb) ishad re�iswr- �- reyuix�4rtlx+ �u« rsi: irlNx- d��7ut, YF° to =hnv�beelrlk^57g4y�:tebiishect, 3— Section 20.43.0511 (Cannery Village/PilcFadden SquareyConunercinl) SII IOIC RSC �Cirmnrerrr: 97re /rlpnrriri� Commic,� iu. �r_ fefGrgllQ� llL'i //47,CS,SArfltLllct's iu lhrcr+ rnrrPc (0): Integral facilities, as defined in SCCl10n 20 F}3 9xla�0- 03.QIQ - c�tink Icy, n nr_mare ndu c are chlssifrcd as residential cam facilities, general. Residential care facilities, general, and residential care facilities, small ultilucwsednonliccncc , would normally be 15261OPa82S5U 917.2007 prohibited in all residential zones as a group residential use. To facilitate housing for persons with disabilities, residential care facilities, gencrnl- a>ay�errnics�'cl wither ttse pea n; i in- f4e -iti14ZR -rotor, and residential care facilities, small u+>}icrnsedllAnli nscd, mty be permitted with a use permit- iiHbe -A4Fi -. w . B�It�S}- ro- rltwttblwmda�Ilnl2un5 =at1o+�(•N} (5 }all -es istiltre- Itestc( ear+ al =.w+c+ 1 %noi I iaacs�- ( +eaurtl:• and- Rvsidaattiu4 =C'�+rv- I�a:siFitiec�StaatF l- lalieetiun{, - -sha l6r eg+ster•wid�tlte -W awning- net,nrrment> thirty {�t0)r.tays -n fler�thisd�l unioipa{ Gotlu- CtailNw�i:, �nxswc {rtWy- thc=CiuY- Gtuneil -i++r 'r+0a:- oa- a- forat- ehr;+i+tecl fwo tho I'laatni ie, 89 then ,yin detettmining comphu+we•wntFNtr +14uaieitw+bCt+tloProvisionc. wad =fur usisaing•fueilitK, to de ter+ air+ cavha+ heks+• teso- ia7aasi4ie�Ftt- ResidentinkC'orc>°Faeiliy ; �i 'n�+taral =ordtesi+lealil +l-C ©w 1 teil+y�Sawtt4{ nlico+es. cLfai {s to r tiue� as rcyae+i+i +t trap 4xa tlecmirc{ a vrola4ioowfa �3taaioip�v:�r!}Hwtwlivsiddat�. sera- FaoiFi► ies�Gertal�tl�awd- Itr�s+doatistl -Gate #�troi4ia•ias; rogistar -as mquiRd, theuso-shnikbo tk�+ged latwabretril ally establi� hod a--- Section x.843 }lsfa 0� 4,� W (Cannery Vilinge/i\1cRaddcn Sryuarc�,i2esidentlal) R -1 R -2 MFR Resid�vwi<+ImC�+ rat --I tailasi SnlatlRkslo[.�r4M cnRF a UP C1r ery Yillnec/e11cF:tt( den SrSrW,nrc Cnicj�cj�jnn 1)Ictrj�; 1dd[ci nr 1 tte�ideittiall .ancLl�ceiicatrL�tlianS (F): lntegmi facilities, as defined in Section 20.03.030, scrvin • seven or more adulte me classified as residential care facilities, general. Residential care facilities, general, and residential care facilities, small aatherwsedtionliccnacd, would normally be prohibited in all residential zones as a group residential use. To facilitate housing for persons with disabilities, residential care facilitics, general, may be pcmiiued with a use permit in die sWFR zone, and residential care facilitics, small mtlicvnseditDnlicxn. may be permitted with a use permit in the - an MFR zones. Ito Ute,ic�liltf= under- atlduional- +sktdatu>,is =n11ar11} (�-- 6r�11- extstmgdld�tiickntial t;. {{rt}- I�nt�oFwies;-- Cii:tlePJl; alwl- Ruiclaminl- (mare•- I�acilities�.Snwlf Unlicensed: -shall- irco,terawrr#i- r #tc-•plannin„ Ihparwitrnwllefty- {�(y:fays-- aflcr�lus- +Wuaicipa► C- .xlozCbapt,:r- �;�umende<I�y- the •(�it�•C- 'Fl+nwil =un- =-- ._ --�__. �_�i007�ta1 -:w form nlrl:+ittvd =from =tlac= Planning= l)upa+�wieul.• 1` Itc;• Itvgis+ ra+ tuw= iwfu +�eho-pru•{wse+tFaiding- thc��i +y delrmtfne�whclhoru- e±+ e= nttemsilies . =If= a- lieti+dentinl=f'tne hrroiluyTCenenl- Act- Residctuial =Gu+� fuuihry- 1++matl i, nOM:unsrd- feile. ICmIYi;istar -rts rr+larit:'tf =it�ehafl�be :k�:wxtf a violntiol> aF this I S202W 328n2. 9.17.2007 4anlo "l-6ack-- 4M4 -4KAW Ros dewtinJ r� t�ueil+Eie4 �;cwenl nd ltrsidenFial -Casfa 4aoiFiFies &ttaN l ttFie�vx eel slt4t -Eagi K4e wiah&h lar awiatha ttso-bbeieg estnblisttoct. tea 4tu,icleste+T1 (��ry kaat {ity Cenepal tIr 4 �tFilitSt»a +F t�trhoenscd- foils -tu rogis lor�a+•r�+slttir..d- sltc�ti�f sstli•!x>• elect+ x+ d- te- hov�b� =a+t- iNognlly=eslnbl'tstled> 3. Section 20.45.030 (Central Balboa) u.._..�_ -•-.-' r. -__ RSC RP R -2 AIR My OS (S): Integral facilities, as defined in Section 20.03.030, &cpgns scycn 4r_.mor_c ssdults..are classified as residential care facilities, general. Residential care facilities, general, and residential care facilities, small tuitimeewetigo nlit`eus , would normally be prohibited in all residential zones as a group residential use. To facilitate housing for persons with disabilities, residential care facilities, general, may be pennittcd with a use permit in the R t -R voce° &Rocs, and residential care facilities, small unticensednonlicensed . may be permitted with a use permit in the RSC- R -P. R -1 pod AIM zones. mkt_ f�_ �- to- tttwrtltle° unslot> additianstl- rvgul�stiunt- uftew(��}(- 1W--At I- esaating- tttt�sident+;cl -G�sra Facilities- �anere#=tsnsl- •Residonti, ' mnll���Alieeesad-- sltnN- rzgister• -wilt -the Wawling- nepannwm thirty f301 days altelath �Ytanicipal C sde- Ghnptut�+s- amendecNtytlae City e1�ResidentiukC ''ow- t�uiw{oFy- �►utlr- �dieen�lu ils�to= rogisttx= nsmregtrired :�tlte- usss- slutN -Iro Jc�ntad -���co = =_ • -- -- _ -•ha�o lxatir-- �- iNegully- cxtnhli,tuvt: 9 1526t92W82858:2 917.2007 CHAPTER 20.91 Use PFRAIIT$ Avo VARIANCES 20.91.025 Duties of the Planning Director and the Planning Commission ( -N Notice of Decision. Upon the r ndering of n decision on a use permit by the Planning Director, a notice of the decision shall be mailed to the applicant and all owners and occupants of property within 300 feet of the boundaries of the I'�Ijet�lntesl 2. 20.91.030 Notice and Public Hearing C9,,. (t }— Reouired Notiu. -Notice of a public hearing or all administrative decision shall be given as follows: � �-- t— h: lailucl- ol�)eli +,=r�� "t�tieei�9Slicr or I'vercclNetiCc b �t�= ® {)�c�Cidenfial- D+str�ots�— rut- Iatst- �Fl�lays- yrie+�to-tlx�•Ix�aring- or-ctn nthniniskrvtiv�dcwisiolr irotiee 6lxttt he +txtileA to tho�lpplialotattd cd1 ewtxa+� } {ofixoper+y wilhitt 300- ftxt•eF- lkla•Hotnldaries•of• the - sits }•cttrolwri! dines{ s- a5- shewlwlt- taxi- Itist- egtialiZecl assesseiat�llar>y cdtalaultively�- i' wwt- wc4t- ethewrea; ontstts• contnirrowre •+aeet }t•eddt�wses:} ,yotiee- sltuikal.,st # x +t3tMlre4•to- ttt�ocu{pants•k+F+ wait• Ixel; eryytlH (t�cuntcyeime�urnutio�:tix+Ae s�+he•pnlperly�l« <110rti: �kettpa�tcy nn(icat� "o�icc to C)cctm nlc. Notice t� occltpauts shnll be accomplished by mailing th6notice to each property address within 300 feet of the boundaries of the sites ()+a}ny htx�tnd shall be with notice addressed to "occupant.*_ it shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of 10 IS2GON82853.2 9017,2007 owners and the-property addresses within 300 feet of the boundaries of the site's preperty li[>es_ as required by this section. 6hayte 2±3 9Fr 11 1526 \02\482858.2_9.17.2007 tauter 20"93 Reasonahle Accommodation 1. 20.98.015 Review Authority The Planning Commission shall approve, conditionally approve, or disapprove -tdl tions-fordenv all annficntions for n reasonable accommodation. J.f the nroiect for which 2. 20.98.020 Application for Reasonable Accommodation A. o cdu An li�am_t. A request for reasonable accommodation may be made by any person with n disability, their representative, or n developer or provider of housing for individuals with a disability. A reasonable accommodation t may be approved only for the benefit of individuals with n disability. 2. Annlicatim, An application for a reasonable accommodation from a zoning regulation, policy or practice, including conditions of approval for, or denial of, a discretionary pennit, shall be made on n form provided by the Planning Department. No fee shall be requited for a request for reasonable aecon ntodation, but if the project requires another discretionary pennit, then the prescribed fee shall be paid for all other &scretionnry permits. 3. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant shall, to the maximum extent feasibic, file the request for reasonable accommodation together with the application for the other discretionary permit or approval. IL F1—!Le Aired Submiltak In addition to trtterials required under other applicable provisions of this Code, an :application for reasonable neconmtodation shall include the following: Documentation that the applicant is an individual with a disability or is applying on behalf of individuals with a disability, or is a developer or provider of housing for individuals with a disability. 12 1526NONS2858.2 9,17.200; 2. The WgjfS� on mifCtolLtq��-oning Code provision, policy, or prncticc { nr wMe#i [wcomnrodsriie+ris -being regttcsted nc n psomble accommodation. 3. mod'fcaii a is necessary to makwt +c��picifialw[[sing�[w[i�nbk twho lndividunlspr_ollde _ thcJOdiyicl[+Rt with a disability niL-M+n_I_on+?O-„unUV1R uxc:.tlud_eulAY ►_�1e resi encc. 4.- da;ewpl +un a {#ec,�vm[hti- prctpet[v -+v±tl bcr uxrWt[a- ittdiv+da[+1- with[[ di5ahitity- 5. tr+1'oonG�[iona7sponsive [o +he- .ati[alar nwd- i+l[dings�requirec4 [e be me; ta+asbr�xe[ stir+ n�dOs9> rla�- S,R:lt- rloay-- ��tltc�- i+rtawn[ wilt +r[I[n[- [I[o- Wen[[t[t�i�s[ec rtwe[>[[ Wy--[ 4W�tine;-- is- neeesary-- io[�- evol[+oFi+tn ba- +west - ter- aznse[mhle 3. 20.95.025 Decision ��NK�131nm+ing- �ommissiol�shnl! =+ Yncf��[ hc- d�. s�oisiotr- e+�+N- oltp4iu+liousslor= eta H++[+1 ecraHa+tn :iati�+,>�5r+etrder i ++s+n+;�l rrlplwaletl [trtl+e C+[•y C tnwi�a4trrHvitk"y f ltnpler�0�5- u�td+:+�luniuilenl�( -r+deY 13 15MOA828581„9.17 2007 V.entunW44n4jpusac- G+t4 -9. C�tmciinus. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings required for approval of a reasonable accommodation: I. Thaift the housing, which is the subject of the request for reasonable accommodation, will be used sFtluly- ley- inclivickwlsby. nn indivic atal with a disability protected under the fair housing laws; 3, �.efaast hea .2„_tltnt_the,- mc,"yclet stcmniodntion i neck �ry to akc housing ®olhwcsmt+ties available itrtlte -Git -to aceomntodatxan individualM with tbisgl disability nrnteeted under the fair housin - - —- 3. lgtw- thcrat+sptxsinF nc�eck- erentzd hy- tlta- el4s=tbifity �uctafyme•the3. tl n the rcau sted accommodation- by th requtrstmconunodat ion: - 5. In An• cam< tfa - defer anmaitorrinvolving. rsrngl� ••fnmilydwelling:pince;ur pmmitur• wA�ct� +lw- tlis;+13{ed- txarsa+rr {- would• catstitutasa- singloatouseltwping -trait) �- -6.3 llrnt =thv�naluustax4 eaaetnmedntion would not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law•' is utd —`That that the requested accommodation would not require: n fundamcntal alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in fair housing laws and iuterprutnrivu�eRreuSt�c case law: -_ _�-= =- aC: = <a m =1�ltm thu et41104wighbo4ww}. 14 1326ta2L7s2S55.2, 9.17.2a0A -- 9GFhftt tAf * trecemnxHlatuxt= will -lfuf ccanw of�flwverineefttrafiwr of fesiJautisrl enrf+® 1• fteilities�= r-. �:;o i< letttialP- C- afa j-- I++ ry�vrJ— Ovaclay-- `+4ott��ftr- +tnnccepfable ovotr�orx�cwtfsltlfm shell be fleented lG 011�llFtiif{1 )Z�31Eli flFiffi llrL°f fl@Iiily, '('nEYf1! ff-4Wsit1*1fiA 6flra- Foeilit ji: ,bfnnl4- �fllicu nsed•or=infensil+ed+' Hide+ itifrl• eirro• fecill ay - rise- i�atefl•6r- wilNocflte widlin= 1 :0(N1- fflet�t- aleftwro-prrfperty -lines tis- prupeny�ine- drafr�ulre�i:relg- liesidenti.11 =Caro - es+ dentitll- EataFotlili+j;- .S�4bf1{ieansada ® lA�' he+ he�lhu- flis: lbkd�- will�lleuefis- fnrnr >boins,=- Irteufe <1- 1 -,�)- foot; -o, nleasltre+kpropart�- hne�to properly- line- l'rFlrll- eating• �Inf4+ lriu"< ing- estalaislameflts- cu�ulnteil -by Chatltfv- 31 F.A2- af- flra,�tunieipal =('ociu; , I.1��• °llrul =II1c P regriaslcA- freconlrwfiflalrolt- will- rwt- cs�wte- o- rle4;atH�impast -to surrowldil b-usf� 43 =�,,1— FltC►- jNOpCtiy efTfi- 8Ai5+i1T- 6+ rlrGlNf�' 9- i1r0-- 11{lyStE"aily-- Sllliar4 —r0 aceonxnalale•+lre- dhx�riiity> F3. "Drat- t�f; mtillg- r> �• fbirruyucct�wll- bfreeilsr •.;wllt- rwttr- lllo- Ganaraf -Wan fell S}xe'iRa all if fr}lp{+fxime, -- 1-1_�- `fhat6tho =li�nastefl= uccomnlfxliltN3ri- °CHID -iM! -° 111 =d'OlrlphallC @=1r�ifil --ii{{ npplieablo •l1ailJing�ellx..l= CifLVCrxla;l l>rfdlh- sfllefy -or �.ullirltisfn > tlet# ler llc�ra-a s- ft- loge liftlatwblirlwmlFif- scrfaty ffc�wallca- aofrfaacn �quir�ng- tllc+-. lisablrfl- to�ff�luc�nerl•tu- leflst•to - I;tN10 {uut� as- �rl�easurufly +rollarty�lilee= to•proparry line- franrff- publio-ot�rivute- sohhuukul�pftbliwparla� In nlnking these findings, the decision maker cony approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant. Ibex lucre not JisahlcjI„r 15 1 S2CO2W82838.2_4.1 7.2007 Wc1LCw ga Lkromnm �eekiuhlion.0 identified in thi s��bce tion 16 1sz6021A A. &2. 9.17100 until the decision shall have become final by reason of the expiration of time to make an anneal. 4. 20.98.030 Expiration, Time Extension. Violation. Discontinuance. and Revocation unless: I. A buildingperrnit has been issued and construction has commenced: 2. A certificate of occunancYJbasbe_en issues- 3. The use is established or 4. A time extension has b en eranted. 4. 20.98.030 Notiee of Deeision eal In c scs where a coastal permit is required. the lime period shall not beein unfi the effective date of approval of the coastal pennit ._ _.___ zr_.._.._....: n, ���+ tui {+ly- --- 1= 17e-iulf7Eedau�rint# its- Sc�ti�rr+- 211- 98{}; iEi- alal�ly-�vl+casl- tlie- �+s+}i� B. Time Extension, The Plannina Commission may approve a time extension for a reasonable accommodation as }urov+dcsl -kx Seetio+r 2(}:98 N33 for good cause for a diutonnina+ion:- uo le +Q, Notice. Notice of the F^"' ^r ^ drain _°fate ' ek4p.— ^-lPlannine Commission's decision on a time extension P%60ded by 9n 2098035 ,a,...n b. ,:,J„a to n„ ..r..,.. ,r-- ti°- c� -m'j• !`....., .:I the 11I11 , ,' ,,. t`.,.,+...:.. .:.,., .,.,.! mailed to the . ppli. ant ..n .,n (jwnefs-At . rFopet,ty�itl+'m =+OH e -- , th .} opei4y4ii+es,& -s iowii ei Qw--i 9, a1'., , J - 11 I 1 r 1 etheF i:e69r1't$ -BS eedi *in -Fnere „LL. •ti: ^- a :...mac. —�i'c Imi-v .' the 966upoRvi of > ctit4l�actt> y ...not+ee-tilixlfbe-c +e¢�7♦ill>l +sleet} 1)V- nlallkkig_ ttic-- rleFlt�i- -Cfreac;lr- t>rE3pc'r -t§ 14 ' ': pfdperty ItiHis -B rt �t+fred by - tlliw- see+li>rr:- ..No - +i +z ..rr+u4t- 1�n7aEk....ne.... }aerF - than- .Nd....day:,...a€ ter { -'�,o ^stn }'s ElcicF+rrin.+e- ioF +:-- -shall be_{lrsllid�d -mss specified in- Section 20.91830 C All written decisions shall give 4-lie-notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth in Paragraph IPp below. 17 1526 \02 \482858.2_ 9.17.2007 -ea Appeal of Domination. A dewmi6vnieiH*f— 3 -time extension for a reasonable accommodation as 17rdv dod b Y -1098435 by wing Ad33aiitist+ater shall be finnl unless appealed to the 11kintiang within 14 calendar days of the date of i4m.-mailing of the determinntion.- +hapggrieved 0111/ 1hVltm l;•()\ 1; 11ors�pnd• �eupantwv {lo= recoiv��cl= nutico��f tht�detctmintitiotrof -n limbaxicwsieii- ftir�t{ ialwnnblo- t {ec�m�til�et�oF•t1te.{y0n{tilw, C- amnis�iulruGFitOmtei4ptr {yod>fxvl6�hadeoiion An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Chapter 20.95 of this Code. The-deuismo- o f1hu- Plallllll)f! bOi11Rt15S10O 171Jj i7e 0tapme4O 18 1526%M928581_9,17.2007 C11AP't'ER 20.62 IVONCO\FORNII \C Smuc-rURF.SAV I) US FS I. 20.62.020 Applicability Uses, buildings, structures or lots that become legal— nonconforming due to reclassification, ordinance changes, or annexations may be continued, subject to the provisions of this chapter. 2. 20.62.050 hega6WVoneonforming Uses A. Expansion. Increase and Intencifiicntion of 1- euat- Nonconfonning Uses. In nonresidential districts, and in areas where residential uses are not provided for in Planned Community Districts or Specific flan Districts, n use normally permitted by right or by the approval of a use permit, but which is nonconforming by virtue of lice required conditions of the district in which it is located, may be expanded, increased or intensified by way of a change in operational characteristics upon the approval ofa use permit. 3. 20.62.080 'Termination of Nonconforming Status A. Unless otherwise provided in this chapter, a nonconforming use must cease operations and ennnot be reestablished when one or more of the following events occur. I. The nonconforming use remains inactive for 180 consecutive days, except as provided in Subsection 8, below. 2. The nonconforming use is converted to a conforming use. 3. The nonconforming use is enlarged, extended, expanded. iineivm4ed or in any other mmnner chnnged to increase its inconsistency with the regulations of this code. 4. The abatement period expires as set forth in Section 20.62.090. 19 I526%02%4s2SA2 71.17.200'7 a.> air+ rwtontwnf» rartittg- uso-is= noklawfirlly- errc�tet4 +t�Fa�lally- esutblislt�tu»I B. Exception-5. 1. In nonresidential zoning districts, and in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, a legal- nonconforming use- ekcept {-for- residen6A eare- faeilities)- which has been inactive for 180 days or more may be reestablished, subject to the approval of the Planning Director upon finding that:, C. Ahnigment, Whenever the Planning Director finds that any of the conditions set forth in Subsection A exist, the Planning Director shall issue a written order of abatement as specified in Section 20.62.090.E of this chapter. 4. 20.62.090 Abntement A. Time Periods for Abatement Nonconfomting uses shall be abated and terminated upon the expiration of the periods of time set forth below. 1. Nonconforming lee of I artd When No Structure h� Involved. a. In any district, the lapel nonconforming use of land not involving a structure shall be abated within sit:- rrw»tt:rs- fi>Ilowitw -+ fie- eireunttilantee5- clerat�ibctl-- itrr�hmiaipaL -Gtada Seetien -2 &Fr2 030=setbc4wisiett- (l�j�et- lC= ►- txaet +r -y-p.r following = b. a ++nrn�- dr.;trier; �vl�ett>- tlee- +xartceni'cri »ink- tsar- ��tti- t+at- ktwfully ereotecl- er- kw�lall �ectab{ ishe�4amd= nruinitrt�it= is= fotstdtacc�1- ttrfie- illeGal =tterk•ettfefa »i+te - »se 2. Nonconforming Use of Land Imro Wing a Stnteture. 1326-0I1A82858.2 9.17.2007 20 a. In Residential Districts (Chapter 20.10) or in an area where residential uses arc provided for in Planned Community Districts or Specific Plan Districts, n le I nonconfonning use of land involving a structure shall be discontinued within two years following approval of an inventory containing the use pursuant to Section 20.62.090.8.— Fope -k%'A nurx: ontonningbresirlenlial •c:tre*facility; th<ra4so.,ludl= be�ttbaledsi>: months -n Ilut�t he-- circa t »stanva�s- descritwd-- it►-.W unioipa{ -Gcxlu SdekiiF occur, lixccntian: -tki t>�csidemial uses aat_d-Lv • •gmilx Itesidcnthrlsu in Residential Districts (Chapter 20.10), and in areas where residential uses are provided for in Planted Community Districts or Specific Plan Districts, which are nonconforming only in terns of their density or parking not be subject to abatement. b. In nonresidential districts. and in areas where residential uses are not provided for in Pinned Community Districts or Specific Plnn Districts. the nonconfomting uses of land wherein n structure; is involved shall be discontinued within ten years after the Planning Commission completes proceedings for the abatement of the use pursuant to Section 20.62.090.D. --Ger none, m lonnin ba •nbated t+ e�Fiour?O: G?.( 1�O�tutxlivisioeK�i )taa- (G}oe�wr (.bnunrtu: ,Cnii�c ns ttrirrlouc. C. Notwithstanding the above, any maximum abatement periods speeifted in Planned Community Districts or Specific Plan Districts shall be as shown in the specific plan or development plan. -- A nonvaonfarnting as'e- than is- not, IuwfuNy- ;ewetexktar-Inwfulty eskablishedziind mainwinud•ie:•deMled Ut heun =illogat enncard' brnnng= u;e4thnr,halkbeahaletkby rhaGity =inmtztliarely nfK11) di<suovery: 7:XCCntion: No abatement period will be set for the use of a Landmark Building (see Section 20.62.065), 21 152610208285S,2 _50.17,2007 which may be changed, expanded, increased or intensified and structural alterations may be made subject to compliance with the provisions of Section 20.62.065. B. Procedures FbF - - Abatement_of Uses in Residential Districts. The following procedures shall be followed t- ideixtif3 -[ega ancl - illegalarior to any abatement of nonconforming uses in Residential Districts (Chapter 20.10) and in areas where residential uses are provided for in Planned Community Districts or Specific Plan Districts: 1. Inventory. Within one- hundred twenty (120) days of the effective date of any ordinance that causes an existing use to become nonconforming or which imposes an abatement period on existing uses, the Planning Director shall begin to identify and inventory all nonconforming uses subject to abatement in Residential Districts (Chapter 20.10) and in areas where residential uses are provided for in Planned Community Districts and Specific Plan Districts. The inventory shall be completed in a timely manner. 2. Notice of Inventory. Following completion of all or part of the inventory, the City shall send written notice, by first class mail, to the owners of all properties, as shown on the last equalized assessment roll, identified by the inventory as nonconforming uses subject to abatement. Occupants shall also be notified _as specified in Sectioa 20.91.030.C. Within 45 days of the mailing of the written notice, any property owner, occupant or authorized agent. may submit a complete application to the Planning Director demonstrating that the use conforms with the use regulations and required conditions for the district in which it is located. The Planning Director shall make a determination no more than 90 days after receiving a complete application. The Director shall modify the inventory as required. C'onimissioL halt aonrove. approve with chai>e s, or_�d auDrove the inventory nl'noucou'Pormiu� uses subiect to abatement. by first clan' mail to the owners of all prouerties. as shown on the last equalized assessment roll identified in the anproved inventory as 22 1526102W 82858.2_9.17.2007 ___ °__ -•. 3 �Vuither— the�inventary Ur —ant e f nf0t1nin9-starus -are- requiFed C. Extension of Abatement Period c+�ktt-11' A f St�gx+tu +e,'p_ttfo .ulltB�_ I. t ce. A property owner may request an extension of the abatement period to amortize the property owners investment to avoid an unconstitutional taking of property. The City will evaluate evidence of economic hardship arising from abatement, the nonconfommity'ps impact on the community, and other factors that may affect the length of the abatement period required to avoid an unconstitutional taking. 2. ARnlimtion Requirements. The owner of property subject to an abatement period, or his authorized ogee, may file an application for extension of the abatement period no later than 180 days prior to the expiration of the nbntement period set forth in this chapter. The application shall be filed in a manner consistent with the requirements contained in Chapter 20.90, and shall include the following additional information: a. The length of the requested extension of the abatement period. b. Evidence in support of the Findings included in Section 20.62.090.C.4 below. 3. Notice and Hearineu Plannine Comnticsion Action. The Planning Commission shall review the application for an extension at a public hearing, — ddati. °e -r>f tluA- twaring shall lk -ns specifieffF irrClmptew 20A 4�= • \ °Utiao- shall- alu�• bo• ntneled• trrth< ri3cutmpams •uFeaob•17rapotty- tu-thu Nuaectimte= tt _�tlx�nmaiet�ic�nmiled- arr -dt[� property - owners-= �ecupnnoy m►etic ; hull•- IK�neeompliched- •by- mailing,=4ht� not ice- to- om,"roparty ut _ the- buumxlar�us =U�tlK- •1»'upomty-ttnd�ltall -Iw addressed =tu 'uUCUp mt� tgotiee� lt3t11 hLJua.ided_ AJdLow °uees�I ud t s2sa2a s2 ssssdo.17.2007 23 Ag ia„4,2-4.4A 039 C l he Planning Commission, by resolution, maycli, approve, conditionally approve, or deny the request for a extension to the abatement period. The resolution shall include findings of fact shewiee tt+ aa- there- i�viduneb- e+ f- eer+ HO+ nt�; fiacdshilror +si+�- Fram- ufiatenaentw the nanaat>#er+ ++ityc- intpst e+rtha- aentttaunH -ond- outer- fctFters- t#+at -tnny nfteet- tl�lens H-- eF�he- �tx+ tement�periotl- �ayuiced�to- aveKl -irn uneonstilut +oral- [n6ting: 7ho> >Itlanoing- Gonnnissititrs -tlota n»natio+r -may N41ppealed.as required by Seem Qfiz QQQ -4_be ay. c. The ,ked lbility of the sttS+cntO for nn nhcntrtt'v tse c The c oet p+xtjcas�ibilit) of Celt +tine the uee a tullhcr�i e D. Pctnblishment of Abn en+cnt Period in Ngmsidentinl Districts 24 1526'd2WSM8.2 YA71OO7 I. P arming Commission Action. Where the Planning Commission determines [than the orderly termination of a nonconforming ust.�} in a nonresidential district, or in areas where residential uses are not provided for in Planned Community Districts or SpeoialSXcifiC Plan Districts,44 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 Plnn,j it mays, ICI establish a tcn -year abatement period pursuant to Subsection A.2. "fhis•pmvisiou- shnll= uot•apply 2. [Unchanged) E. tiSFitte i\pncanfonnina Uses Requiring Only n_Use_Pennit to Rome CmOonnine. #��4tty cart Hsi; t ncr+niA fy- eReted, wmJ Mwftrlty vstnb #ishuJ uwd ruaintxtn�d�hntl. Analicalion for n Use P-onil L.Lu is deemed nonconforming solely because a et4hewe -was logal#y -E aahltshed- -the N9unicipul Code was amended to require a use permit for that use. ;#ud# *- obuted wi+hi +t - the - time- pe*ieds- e. irt#-in port nit= wnhnr- e;isty�{�,Al- Jatys- cj�t#tcw► teat♦ vt+ - elute- c>Ft#te- F'�+re»x>itt -ta obtom•�uch ar- t>Ennil•cmJcunwletin,: =thcr ttse�txrtuit�withimon+rhundreJ approve# - was- +tt;ttica- tort# - that- ei>ia +mstnttees- exist- +v#tie #rwzre- bsyontl -t #ta aptdicann'cw�mlrul to =onhin tho-•uscraniuhe mmrierty owner. xcunant. or authgriied�gcnLfo the use may submit n complete a olication for a 20- 62,Q9A \ -� - �. _- U'ths•us.7+ peon {risitot- obtantud•withnwr#n: tun.rpericxls�prcsvrihi;d =aMtve; tlret►• tlte- u�tttetst-# re• ctla�tc�l= wildtitrt# wt+ ttxy >erieds�speoai+ec4�ttt�ctit�tt �U=G2,(#9U�I�to- ti{it>�ot 25 1526)Ms2858.2 9.17.2007 Ordcr ofAhatemcm, I. Order of Abatement, Whenever the Planning Director finds that any of the conditions set forth in Section 20.62.080.A exist--or- Director shall- immedimaly issue a written order of abatement and shall give notice given to the property owners and all persons in possession of the property. Unless the nonconfomhity has been previously abated, the owner nnd/or person in possession shall comply within the time and in the manner stated in the order. 2. Enforcement. The City shall be authorized to enforce the provisions of this Chapter by civil action, utilization of the procedures in Chapter 20.96, or any other proceeding or method permitted by law or equity. 26 1526021A 8285SI 9.17.2007 CHAP'CER 20:9.1,20 9 to USE PERMITS 14N RFSID& \71AI, DIS RICIS ' 20.91A.030 mlopltl4DLowlORC.t;ttWnLRcgtda s A. W-w0amiliwh fi�lhe- faerlit± � •by- f�Mttk+tts�f- alavfrert�mlr. p�+ fe+ aE> ly-1 htsatt •oD•pDblisheA- sourec�Ffie -Fit�y nmvwotnl>lutu ttlrilKkpaudcnt ruview oFthts elttttt�tt- thttttpplicont c4pensc*te whet *F 14tece4s4rtteecL'OP4 K+60 -11 y ?kvv} 2Y- FkaulFreciderus> A`_ rmaGt114ILltCG011dltionrrl Uses. n +ty -use tyite axoern- visitolvsuKVing- ttsesrtllo -Eity deturminus: basuc4on- sultstttntenl•a.= iduncu: that- th��Gitycontfftin;wclet1uote fnuililies• ufitttat�ttsudypwto- survc�ttte° rt�as- �- t4wtyter>G- 13euelt- fiKidetast tltelrtheti�shtt II- b�bntMtN 'uvthnn=ottu- awof- thnt�ype- alt- ntty- hlec��tnd�ttt LicighbA toads rl_o candit' nal use shall be located within 75 feet of eaeh whemnallrcr conditional ttwc. mcasurcd_fo n -the werior nroncmrAines of measured from the exterior property lines ofboth uses. 2. ThcpluYisiaJtSaLtltisCnra rlpl�f�. shalLugLtl ►1p�y1RIhS�,ljlpmi.^tLofiAM nCMIiLfOUnt_e\ISIln1i nattconfonninr use _t�l2ialuS�24uconf4uniuesaatlY 4_y lack 2f use Hermit. ®•— _4a 44tpaCA4y- 4ilx -,,aud decInrt.A. that +vithin -ally itc iclratul4 Cam 1ia>tiNtuted 6verlay = /onrtlrur�uausvnllywa+s� {�Iraver.•+ottecv>graHea•a�} tr: +sHn���dcarrHat•eara- fuw{tttati- �1' his• uvv+' vorr tzmmaiott•• Itas�nerrlted- In- tFta•cruatiotwof-- nlrhtst iru titutn� •mtvirH»tntcvtt- v�thia -tlte E)vrFlay- 7.•anwwh ieJt- ir•lan Nl l fU (-flf f-tI W- klfSabli Tfi- iiTFti- tiililH!{EHi- 1�+• -f {I Flilel' -t3a Inpatl n di:fi -lay -1 he (nets- •that- tlte- Ptatietaicw -tv °�t hin�thiS= L)vurloy - %t rnu- =urN =�rmm fit�nnty --n W r�tmrrolw•41Net- �ullter rc�Ndor>FiatyH�>,xt�y=ui•tih: fbity; Aavi�shitFlUr hur hlingwutbuck_ n';=' k111�he1 'lh;lll•aVerilb'tY14ltInlXaiOf 27 1520,02%482&%2j. 112007 Resickorttial-- L-: itre-' Pac- ilitirl:;:.... Sx3a11�3n lic�nsc�1:-- Ix- ac1�#it>Er� - iz�clerr „t�aa� --(='- are-- F�ae�ilft+�; Overlay Zone. As stich. "e- has dete3fminW that (liefe is a special need to establigh a 11 .�,4 a�A �U�.,..'A, :..1 h... , y..,.'!' - f!�..,e ..! ,1,.11 ... _[I'i1,.....,A ;., ,.i.,., AAGU Z„ «. '6V-itl•1-{il }1) }�Fi'1 iii -f}t-'a- �:ti@- l�fi'iFil'1ii-: }AlH- shaWges- EE)-13'thrETt7gia li-} 2. 20.91A.040 Findings In addition to the findings required by Section 20.91.035, the Planning Commission shall make the following findings before approving or conditionally approving an application for a use permit in a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts: A. The use conforms to all applicable provisions of Section 20.91A.030. B. The project includes sufficient on -site parking for the use, and traffic and tiansportatio mpacts have been mitigated to a level of insignificance. C. The mnerty-and existing structures are physically- suited to accommodate the use D. The use will be compatible with the character of the surrounding neighborhood, and the addition of the use will not change the residential character of the neighborhood, such as by creating an overconcentration of non - residential uses in the vicinity of the proposed use. The provisions of this Paragraph D regarding overconcentration shall not apply to the avvrovaLof a use�ierruit for an existing nonconforming use which is nonconforming only by lack of a use permit e lap cmI' twiie# -Fe tr4r it7 MarH3 to tk oaa r: = =...�i;..o, a 1,.,., �,.7, ..,, r,.., ,...R..1 welfare - -« f- rite-- ntn-rowiding-- neighberhe(A..... and- -- subsmaiia.l.....adverse irripasts--7xr - -a- �djaeesFtE prepertios- or- l-and itsc s w'ifl- net- ivsolt -: --'---- - -i~:- klto - - €a iiit>t -e ha{i -k/c —} seated- gleng...F/ - rwctr- a- -wkloc for -t>r- arta rial -s #eet -W” 28 1 526\02\482858.2_9.17.2007 sl19114>aavicessihie -iia 4 tip goa=sa+wecs-, Wes. oetttti+tutie�t sEr+EhWa+»ttde -as to �vltrthrr ►tx^ +Eis thlec� tiviN belwf+l- ffuttt bet+io EeeorecE-- E: 88A--f ew�tts= oten; u�z+ E-{ t��x�r +y— Ei+w- to- •ptnE+�-ty9liHe; irettt- enting�tltd- dFi+lh+l+g estnhEishHw +its- reg+llutc�d•by= G- hnpter ?o:7��aFthe- Muninipat- Ccnl�: --• ESE ;te- a+{jsteett+- +ksvctlupnwnt= will - trot• eau�ca +l- E+:t�ut�l•lo•theoecupnr,t� 1��= 1tut =tha:policc�•Ek:pn nmem• hus•++ isnleat• d2wonblun�eomtttettdnticx +- fctFOIE rssxlautin6caro•fncHl it ic,: �hn- Iralicalh; iaa+ t> Ntx- r�contnwndatiet +•+�hasodiiprm- n•navio+vef ea{ Is• towsrr�k� +x#•�w+r�i+tol- hi5tegc+ Hite- rrsich?+n iaE =ee tvfneE4+by- fur -ktxr f+r+vwott3- twrFva{•E2•E ntonth� s�hnHi+�y+rapi +taOS.ur.�pE>y� ieolEy+itecE to oueomw:edaa<ztha ttso. E3�;�;-- :hu-- osuswil l�Er�cu,tsis+ettt- +µitlf -dte- tie+ icarlmEWott�ettd-- SpoeiEee- GiEn ++-if nppEieable; ott+E; kt. . 1- tk�turansHa+ io+ t- shnil�bo-tHmie- cw• 1e-+ vlteNx�+ hKre= i, �crlegtititknte- �etbEio-- het+EtE� snfutyor- wulEhre= cotu7em- requiring• thc�Ji :nbkA•+o- tx;- Eoenteikta•knst w- !•.0011- fecr�n.�•++>tasu�K{ fltala<cay -4i+ tic' py- i�tto:- fwn► t+-{ whli��t�ytrivala •seE+ue{•f+ryauhEit- }+u +k. 29 1 $2"NS28 5&29.17.2007 EXHIBIT A Section 20.03.030 Definitions LUM .on -0 tram .ra- .. . Block: An area of land that is bounded on all sides by streets or by streets and a shoreline. 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. 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. Cali er: The thickness of trees as measured in inches, feet, etc. Trunk diameter for trees up to 4 inches shall be measured 6 inches above the soil line, and all trees over 4 inches in diameter will be measured 54 inches above the soil line. ano : (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. Fair Housing Laws: The Federal Fair Housing Act, the Americans with Disabilities Act, and California's Fair Employment and Housing Act, as each Act may be amended from time to time, and each Act's implementing regulations. Family. One or more persons living together as a single housekeeping unit Floor. Finished: The surface of a floor after the final installation or application of floor coverings or other surfacing materials. 1526 \02\179224.2_9.5.2007 Illumination, Indirect: Illumination by means only of light cast upon an opaque surface from a concealed source. Individual with a Disability: As more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. Integral Facilities. Two or more Residential Care Facilities (any combination of Small Licensed, Small UnlieensedNonlicensed, or General), as defined in Section 20.05.030, which may or may not be on a single or 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 care facility, sweh as bjncluding, but no ]units d�. providing housing in one residential care facility and recovery, treatment, meals or other services in another residential care facility; by designating one residential facility to provide recovery, treatment, meals or other services for several residefleeresidential care facilities; or by assigning staff to serve more than one residential care facility located on the same site or within the same building. As defined by State law, all alcohol or drug abuse recovery or treatment services within any one placed or building shall be considered to be one residential care facility. Residential care facilities that are eligible to be licensed as a single facility under State law shall be considered to be 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. Nonconforming Structure: A structure that was lawfully erected, but which does not conform with the property development regulations prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City. A building or structure shall not be considered to have been "lawfully erected" and is an illegal structure it at the time of construction or modification, it was constructed or modified without required permits, including but not limited to permits required by any federal, state, or local government agency. Nonconforming Use: A use of a structure or land that was lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption or amendment of this code or by reason of annexation of terr itory to the City. A nonconforming use includes a use that was lawfully established and maintained but is conditionally permitted in the district and has not obtained a use permit. A use shall not be considered to have been "lawfully established and maintained" if it was established oi5without required permits or licenses or has been operated at any time without required permits 1526 \02 \479224.2_9.52007 or licenses. The required hermits and licenses include, including but are not limited to permits and4ieea6es,IhM required by any federal, state, or local government. Shopping Center: A grouping of retail business and service uses on a single site with common parking facilities. Single Housekeeping Unit: The functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the unit is rented, all adult residents are parties to one written lease or rental agreement with joint responsibility for payment of rent. 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: A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use. Slone: An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. 1526 \0244792242_9.5.2007 Section 20.05.030 Residential Use Classifications A. Boarding or Rooming House. A residence or dwelling unit, or part thereof, wherein two or more rooms are rented under two or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. B. Day Care, Limited. 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. 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 Familv 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. C. Group Residential. Shared living quarters, occupied by two or more persons not living together as a single housekeeping unit. This classification includes, without limitation, boarding or rooming houses, dormitories, fraternities, sororities, and private residential clubs, but excludes residential care facilities (general, small licensed, and small unIieew;ednonlicensed) and residential hotels (see Single - Room Occupancy (SRO) Residential Hotels, Section 20.05.050(EE)(4)). D. Multifamily Residential. Three or more dwelling units on a site. This classification includes mobile home and factory -built housing. E. Parolee- Probationer Home. Any 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 by the 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 custody, as defined in Penal Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; C) an adult or juvenile sentenced to a term in the California 4 1526 \02 \479224.2_9.5.2007 Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer; or D) any individual who has been convicted of a felony, sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction of any federal, state, or County parole or probation officer. For the purposes of this paragraph, "felony" means a felony as defined by any California or United States statute. F. Residential Care Facilities, General. Any place, site or building, or groups of place& sites or buildings, including integral facilities (as defined in Section 20.03.030), licensed or eRnonlicensed, in which seven or more individuals with a disability reside who are not living together as a single housekeeping unit and who have agreed to reside in the facility for 31 days or more, and in which every person residing in the facility, excluding any licensee, members of the licensee's family, or persons employed as facility staff, is an individual with a disability. G. 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 purposes. 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 residential care facilities, general.) H. Residential Care Facilities, Small " � gnlicensed. Any place, site or building, or groups of places. sites or buildings, e_,a °aiRg integral `'" 0lities (as defined in Section . which is not licensed by the State of California and is not required by law to be licensed by the State, in which six or fewer individuals with a disability reside who are not living together as a single housekeeping unit and who have agreed to reside in the facility for 31 days or more, and in which every person residing in the facility, excluding persons employed as facility staff, is an individual with a disability. This classification FI1 5 1526 \02 \479224.2_9.5.2007 Simale- 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. J. 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. K. 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 living as a single housekeeping unit, under a single written or oral rental or lease agreement for a period of 30 days or less. Section 20.05.030 Public Semi - Public Land Use Classifications [NOTE: The definition of Residential Care, General, now in this section is eliminated) 1526\02W79224.29.5.2007 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. 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 = Use permit PD/U = Use pennit issued by the Planning Director L = Limited (see Additional Use Regulations) -- = Not Permitted R -A R -1 R -1.5 R -2 MFR Additional Regulations RESIDENTIAL (A), (B), (C), (P), (Q), (R) DAY CARE, LIMITED (N) -LARGE FAMILY CHILD CARE HOMES PD/U PD/U PD/U PD/U PD/U -SMALL FAMILY CHILD CARE HOMES P P P P P GROUP RESIDENTIAL - -- - -- — — MULTI- FAMILY RESIDENTIAL -- - -- - -- -- P PAROLEEIPROBATIONER HOME - -- - -- - -- -- - -- RESIDENTIAL CARE FACILITIES, GENERAL — — UP (0) RESIDENTIAL CARE FACILITIES, SMALL LICENSED P P P P P (0) RESIDENTIAL CARE FACILITIES, SMALL - -- - -- UP UP UP (0) UNI GENSE- ^NONLICENSED SINGLE FAMILY RESIDENTIAL P P P P P (E), (M) TWO - FAMILY RESIDENTIAL - -- - -- P P P VACATION HOME RENTAL - -- -- P P P (D) PUBLICAND SEMI - PUBLIC (A), (B), 7 1526\02\479224.2_9.5.2007 Residential Districts: Land Use Regulations P = Permitted UP = Use Permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) -- = Not Permitted CEMETERIES CLUBS AND LODGES 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 AGRICULTURAL AND EXTRACTIVE USES ANIMAL HUSBANDRY CROP PRODUCTION MINING AND PROCESSING ACCESSORY USES ACCESSORY STRUCTURES AND USES 1526 \02 \479224.2_9.5.2007 R -A R -1 R -1.5 R -2 MFR Additional Regulations - -- L-1 L -1 L -I G1 - -- L-2 L -2 L-2 L-2 - -- UP UP UP UP (N) --- UP UP UP UP UP UP UP UP 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 (A), (B), (C), (Q), (R) P-- --- --- -- PD/U — — -- L-3 L-3 L-3 L-3 — --- UP UP (F) (A), (B), (C), (R) PD/U — — (G) P--- --- --- -- L-4 L-4 L-4 L -4 L -4 (H) (A), (B), (C), (R) P/IJP P/IJP P/IJP P/UP P/UP (1) Residential Districts: Land Use Regulations P = Permitted UP = Use pemtit PD/U = Use petmit issued by the Planning Directm L = Limited (see Additional Use Re"latimts) -- = Not Permitted 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. (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) 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. 9 1526\02\479224.2 9.5.2007 R -A R -1 R -1.5 R -2 MFR Addifimal Regulations TEMPORARY USES (A), (B), (C), (R) CIRCUSES AND CARNIVALS P P P P P (K) COMMERCIAL FILMING, LIMITED P P P P P (K) PERSONAL PROPERTY SALES P P P P P (L) HELIPORTS, TEMPORARY G5 - -- - -- -- G5 (.I) REAL ESTATE OFFICES, TEMPORARY G5 L -5 L -5 L -5 G5 (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. (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) 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. 9 1526\02\479224.2 9.5.2007 3. 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. 2. 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. 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. 10 1526\02 \479224.2_9.5.2007 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. (J) 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, and residential care facilities, small unlirens€4lnonlicensed, would normally be prohibited in all residential zones as a group residential use, kut4e. To facilitate housing for persons with disabilities, residential care facilities, general, may be permitted with a use permit in the MFR zone, and residential care facilities, small uniisensedngnlicensed, may be permitted with a use permit in the R -1.5, R -2, and MFR zones. (P): No residential use may offer or provide services to persons not residing on the site, unless the City has approved a use permit allowing such use, or in compliance with Section 20.60.100: Home Occupations in Residential Districts. (Q): Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (R): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. 11 1526\02 \479224.2_9.5.2007 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: 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. 12 1526 \02 \479224.2_9.5.2007 Residential Development: Land Use Regulations P = Permitted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) — = Not Permitted RESIDENTIAL DAY CARE, LIMITED -LARGE FAMILY CHILD CARE HOMES . -SMALL FAMILY CHILD CARE HOMES GROUP RESIDENTIAL MULTI - FAMILY RESIDENTIAL PAROLEE/PROBATIONER HOME RESIDENTIAL CARE FACILITIES, SMALL LICENSED RESIDENTIAL CARE FACILITIES, 1 rwnl rrr,.�,49FAANONLICENSED SINGLE FAMILY RESIDENTIAL TWO - FAMILY RESIDENTIAL VACATION HOME RENTAL PUBLICAND SEMI - PUBLIC CLUBS AND LODGES UTILITIES, MINOR ACCESSORY USES ACCESSORY STRUCTURES AND USES TEMPORARY USES PERSONAL PROPERTY SALES REAL ESTATE OFFICES, TEMPORARY Residential Additional (A), (B), (C), (H), (J)r (K), (L) PD/U P L -I P (I) SMALL UP (I) P (E) P P (D) Residential Development: Additional Land Use Regulations (A), (B), (C)b (K)r (L) I (A), (B), (C), (L) P/UP (F) (A), (B), (C), (L) P (G) Lr2 L -1 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: I. That the development will not be detrimental to or out of character with the surrounding development. 13 1526 \02 \479224.2_9.5.2007 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. (D) 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. (E) See Chapter 20.85: Accessory Dwelling Units. (F) See Secti on 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. (I) 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, and residential care facilities, small unlieensecluou , would normally be prohibited in all residential zones as a group residential use- 4u14e--TQ facilitate housing for persons with disabilities, residential care facilities, general, and residential care facilities, small ua;ea s�ononlicensed, maybe permitted with a use permit. (7) No residential use may offer or provide services to persons not residing on the site, unless the City has approved a use permit allowing such use, or in compliance with Section 20.60.100: Home Occupations in Residential Districts. (K) Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. 14 1526\02\479224.2_9.5.2007 (L) All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. Section 20.41.070 (Newport Shores) 20.41.070 Commercial Development: Land Use Regulations The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in commercial development areas, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in commercial 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. Commercial Development: Land Use Regulations P = Permitted UP = Use Permit PD/U = Use permit issued by the Planning Director L = Limited (see AdditionaWsc Reeulations) -- = Not Permitted Commercial Additional Regulations PUBLICAND SEMI-PUBLIC (A), (B), (C) CLUBS AND LODGES — (K) CULTURAL INSTITUTIONS P (K) DAY CARE, GENERAL UP RELIGIOUS ASSEMBLY tom]. UTILITIES, MINOR P COMMERCIAL USES (A), (B), (C) ANIMAL SALES AND SERVICES - ANIMAL BOARDING - -- - ANIMAL GROOMING PD/U - ANIMAL HOSPITALS UP - ANIMAL RETAIL SALES PD/U ARTISTS' STUDIOS P (G) BANKS /SAVINGS AND LOANS P 15 1526 \02479224.2_9.5.2007 Commercial Development: Land Use Regulations P = Permitted UP = Use Permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Remlationsl — = Not Permitted MARINE SALES AND SERVICES Commercial Additional Regulations -WITH DRIVE- UP/DRIVE THROUGH SERVICE UP BUILDING MATERIALS AND SERVICES P CATERING SERVICES P COMMERCIAL RECREATION AND ENTERTAINMENT UP (G), (K) EATING AND DRINKING ESTABLISHMENTS UP -FULL SERVICE, HIGH TURNOVER UP (D), (G), (K) -FULL SERVICE, LOW TURNOVER UP (D), (G), (K) -FULL SERVICE, SMALL SCALE PD/U (D), (G), (K) JAKE-OUT SERVICE UP (D), (G), (K) -TAKE-OUT SERVICE, LIMITED PD/U (D), (G), (K) - ACCESSORY P (D), (G), (K) -BARS AND COCKTAIL LOUNGES UP (D), (G), (K) FOOD AND BEVERAGE SALES P (K) MARINE SALES AND SERVICES -BOAT RENTAL, AND SALES UP - ENTERTAINMENT AND EXCURSION SERVICES L -3 OFFICES, BUSINESS AND PROFESSIONAL F PERSONAL IMPROVEMENT SERVICES PD/U (G) PERSONAL SERVICES P - MASSAGE ESTABLISHMENTS UP (E) POSTAL SERVICES P PRINTING AND DUPLICATING SERVICES P RETAIL SALES P TRAVEL SERVICES P VEHICLEIEQUIPMENT SALES AND SERVICES - SERVICE STATIONS UP (F), (K) VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS PD/U - HOTELS, MOTELS AND TIME - SHARES UP (H) ACCESSORY USES (A), (B), (C) ACCESSORY STRUCTURES AND USES P/UP 16 15265025479224.2_9.5.2007 Commercial Development: 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 Commercial Additional Regulations TEMPORARY USES (A), (B), (C) CHRISTMAS TREEIPUMPKIN SALES L -2 (B) OUTDOOR STORAGE & DISPLAY, TEMPORARY P (J) REAL ESTATE OFFICES, TEMPORARY P (B) -u.'d to f4cilitics oQcupying less then 5.000 squ= ferl; use Dermit re t uired. Sub - Subiect to thiz approval the Permitted, provided er el 1 - first secured-a-marine - Dermit issued by 1' Harbor Resources Dircrtor (see Chapter 17.10 of th MunicipalCQd�), Services inyolying the assembly or meetings me - prrsQns - r -d 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 "P" 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. 17 1526\02\479224.29.5.2007 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 Regulations) = Not Permitted SR RMC RSC Additional Regulations RESIDENTIAL (A), (B), (C), (D), (1), (P), (Q), (R) GROUP RESIDENTIAL SINGLE FAMILY RESIDENTIAL L-1 L -1 L -1 MULTI- FAMILY RESIDENTIAL L-1 L -1 L -1 PAROLEEIPROBATIONER HOME - -- -- — RESIDENTIAL CARE FACILITIES, GENERAL L -10 L -10 L -10 (0) RESIDENTIAL CARE FACILITIES, SMALL LICENSED L -1 L -1 L -1 (0) RESIDENTIAL CARE FACILITIES, SMALL L -10 L -10 L -10 (0) 61Nn!C_6NSL44 NL10ENSED TWO - FAMILY RESIDENTIAL L -1 L -1 L -1 VACATION HOME RENTAL L -1 L -1 L -1 (N) PUBLICAND SEMI - PUBLIC (A), (B), (C), (1), (Q), (R) CLUBS AND LODGES -- - -- - -- CULTURAL INSTITUTIONS UP L -5 UP (M) DAY CARE, GENERAL - -- - -- UP GOVERNMENT OFFICES - -- UP UP MARINAS --- P --- (E) RELIGIOUS ASSEMBLY - -- - -- I& UTILITIES, MINOR P P P COMMERCIAL USES (A), (B), (C), (I), (Q), (R) ANIMAL SALES AND SERVICES - ANIMAL GROOMING - -- UP UP - ANIMAL HOSPITALS - -- UP UP - ANIMAL RETAIL SALES - -- UP UP (.I) ARTISTS' STUDIOS P - -- - -- BANKS /SAVINGS AND LOANS P L-7 P CATERING SERVICES P P P COMMERCIAL RECREATION AND ENTERTAINMENT - -- UP UP (.1), (M) 18 1526)021479224.2_9.5.2007 Cannery Village(McFadden Square Specific Plan District: Commercial Land Use Regulations P = Pe=tted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Re¢ulations) - -- Not Permitted MARINE SALES AND SERVICES -BOAT RENTAL AND SALES SR RMC RSC Additlonal Regulations EATING AND DRINKING ESTABLISHMENTS UP UP UP (E), (I) -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), (1) -BOAT STORAGE - -- P — (E), (I) - BOATYARDS - -- P - -- (E),(1) - 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 (I) PERSONAL SERVICES - -- L -7 P (G) -DRY CLEANERS -- - -- UP - LIMITED P L -7 P -SELF SERVICE LAUNDRIES -- - -- UP RETAIL SALES L -3 P P TRAVEL SERVICES P L -6 P VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS PD/U PD/U PD/U - HOTELS, MOTELS AND TIME- SHARES UP UP UP (K) INDUSTRIAL (A), (B), (C), (I), (R) INDUSTRY, CUSTOM - -- L-7 - -- INDUSTRY, LIMITED - -- L -7 - -- INDUSTRY, MARINE- RELATED - -- UP UP (E) 19 1526\02\479224.29.5.2007 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 Rewdations) -- = Not Permitted SR RMC RSC Additional Regulations ACCESSORY USES (A), (B), (C), (R) ACCESSORY STRUCTURES AND USES P/UP P/UP P/UP TEMPORARY USES (A), (B), (C), (R) ANIMAL SHOWS P P P (H) CHRISTMAS TREE/PUMPKtN SALES L -8 L -8 L-8 (B) CIRCUSES AND CARNIVALS P P P (H) COMMERCIAL FILMING, LIMITED P P P (H) FAIRS AND FESTIVALS P P P (H) HELIPORTS, TEMPORARY L -8 L -8 L-8 (L) OUTDOOR STORAGE & DISPLAY, TEMPORARY P - -- P (1) REAL ESTATE OFFICES, TEMPORARY L -8 L -8 L-8 (B) RECREATION AND ENTERTAINMENT EVENTS P P P (H) TRADE FAIRS P P P (H) Cannery Village/McFadden Square Specific Plan District: Additional Commercial Land Use Regulations L -I 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; services involving the assembly or meetings of 7 or more persons are prohibited. 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: services involving the assembly or meetipP� of 7 or more persons are prohibited. 20 1526 %02A79224.2_9.5.2007 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 Establishments. (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. 21 1526\02 \479224.2_9.5.2007 (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. 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 Tenn 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, and residential care facilities, small unlieensednonlicensed, would normally be prohibited in all residential zones as a group residential use - but --te, To facilitate housing for persons with disabilities, residential care facilities, general, and residential care facilities, small ua earanonlicensed, may be permitted with a use permit. (P): No residential use may offer or provide services to persons not residing on the site, unless the City has approved a use permit allowing such use, or in compliance with Section 20.60.100: Home Occupations in Residential Districts. (Q): Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (R): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. 22 1526 \02\479224.2_9.5.2007 Section 20.43.060 (Cannery Village /McFadden Square - Residential) 20.43.060 Residential Land Use Regulations A. Land Use Desierlations. established: SP -6 (R -1) District. 2. SP -6 (R -2) District. The following residential land use designations are 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 RESIDENTIAL DAY CARE, LIMITED -LARGE FAMILY CHILD CARE HOMES -SMALL FAMILY CHILD CARE HOMES GROUP RESIDENTIAL MULTI - FAMILY RESIDENTIAL 15265025479224.2_9.5.2007 PD/U PD/U PD/U (A), (B), (C), (G), (H), (1) (D) W Cannery Village/McFadden Square Specific Plan District: Residential Land Use Regulations R -1 R -2 MFR Additional PAROLEEIPROBATIONER HOME RESIDENTIAL CARE, GENERAL -- -- UP (F) RESIDENTIAL CARE FACILITY, SMALL LICENSED P P P (F) RESIDENTIAL CARE FACILITY, SMALL - -- UP UP (F) I N T�LL?`'.8EQNONLICENSED SINGLE FAMILY RESIDENTIAL P P P TWO - FAMILY RESIDENTIAL - -- P - -- VACATION HOME RENTAL - -- P P (E) COMMERCIAL VEHICLEIEQUIPMENT SALES AND SERVICES - COMMERCIAL PARKING FACILITY ACCESSORY USES ACCESSORY STRUCTURES AND USES UP UP UP P/UP P/UP P/UP Cannery Vdlage/AlcFadden Square Specific Plan District: Additional Residential Land Use Regulations (A), (B), (1), (1) (A), (B), (1), (1) L -1 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 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. 24 1526\02\179224.2_9.5.2007 (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, and residential care facilities, small tin! i eensednonlicens , would normally be prohibited in all residential zones as a group residential use� but -tee facilitate housing for persons with disabilities, residential care facilities, general, may be permitted with a use permit in the MFR zone, and residential care facilities, small unl+sensednonlicensed, may be permitted with a use permit in the R -2 and MFR zones. (G): No residential use may offer or provide services to persons not residing on the site, unless the City has approved a use permit allowing such use, or in compliance with Section 20.60.100: Home Occupations in Residential Districts. (H): Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (1): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. Section 20.44.035 (Santa Ana Heights — REQ District) B. Principal Uses Permitted. 1. The following principal uses are permitted. a. Single family detached dwellings or single family mobile homes (one per building site). b. Residential care facilities, 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. 25 1526 \02\479224.2_9.5.2007 d. Libraries. e. Any other use which the Planning Commission finds consistent with the purpose and intent of this district. Section 20.44.040 (Santa Ana Heights - RSF 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 facilities, 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 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 26 152602 \479224.2_9.5.2007 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 T/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. Central Balboa: Land Use Regulations P = Permitted UP = Use Permit PD/LJ = Use permit issued by the Planning Director L = Limited (see Additional Land Use Ret ulationsl -- ° Not Permitted RSC RP R -2 MFR GE1F OS Additional Regulations RESIDENTIAL (A), (B), (C), (M), (T), (U), (V) DAY CARE, LIMITED (Q) -LARGE FAMILY CHILD HOMES — - -- PD/U PD/U -- -SMALL FAMILY CHILD CARE HOMES - -- - -- P P -- - -- GROUP RESIDENTAL - -- - -- - -- - -- - -- - -- MULTI- FAMILY RESIDENTIAL L -I -- - -- P - -- - -- PAROLEE/PROBATIONER HOME - -- -- - -- - -- - -- - -- RESIDENTIAL CARE FACILITIES, L-11 -- - -- UP - -- - -- (S) GENERAL RESIDENTIAL CARE FACILITIES, SMALL L -I P P P - -- - -- (S) LICENSED RESIDENTIAL CARE FACILITIES, SMALL UNI r a'NONLICENSED L-11 UP UP UP - -- -- (S) SINGLE FAMILY RESIDENTIAL L -I P P P - -- L -2 TWO - FAMILY RESIDENTIAL L -I P P P - -- -- VACATION HOME RENTAL L-I P P P - -- - -- (R) PUBLICANDSEMI- PUBLIC (A), (B), (C), (M), (U), (V) CLUBS AND LODGES - -- - -- 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 - -- 27 15261024179224.2_9.5.2007 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 ReWationsl -- = Not Permitted COMMERCIAL USES ANIMAL SALES AND SERVICES -ANIMAL GROOMING RSC RP R -2 MFR GEIF OS Addlnonal ARTISTS' STUDIOS P BANKS /SAVINGS AND LOANS P CATERING SERVICES Regulations 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 -4 - -- SCHOOLS, PUBLIC AND PRIVATE -- FUNERAL AND INTERNMENT SERVICES — — L -4 - -- UTILITIES, MAJOR UP UP UP UP L -4 UP UTILITIES, MINOR P P P P P P COMMERCIAL USES 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 -10 1526 \024179224.2_9.5.2007 (A), (13), (C), (M), (U), (V) P — — (D), (G) UP — (D) — (G) - -- --- - -- - -- L -6 (G), (0) — — (G), (H), (1), (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) 28 Central Balboa: Land Use Regulations P = Pemtiaed UP = Use pemtit PD/U = Use pemtit issued by the Planning Director L = Limited (see Additional Land Use Reeulationsl — = Not Perndded ACCESSORY USES ACCESSORY STRUCTURES AND USES TEMPORARY USES ANIMAL SHOWS CHRISTMAS TREE/PUMPKIN SALES CIRCUSES AND CARNIVALS 1526%024179224.2_9.5.2007 (A), (B), (C), (V) P/UP P/UP P/UP P/UP P/UP - -- (L) P--- RSC RP R -2 MFR GEIF OS Additional L-9 --- --- --- Regulations SERVICES --- --- --- P P - MARINE SERVICE STATION PD/U - -- - -- -- (F) - RETAIL MARINE SALES P - -- - -- - -- - -- - -- NURSERIES P - -- - -- - -- - -- OFFICES, BUSINESS AND PROCESSIONAL PL-12 PL -12 - -- - -- - -- - -- (D) PAWN SHOPS P - -- - -- - -- --- (G) PERSONAL IMPROVEMENT SERVICES PD/U UP - -- - -- - -- - -- (D), (G) PERSONAL SERVICES P P - -- - -- - -- - -- (D), (H) -DRY CLEANERS P - -- - -- - -- - -- - -- -DRY CLEANERS (COLLECTION ONLY) P - -- - -- - -- - -- - -- - 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 - -- -- - -- - -- (N) -SRO RESIDENTIAL HOTELS UP - -- -- UP - -- - -- ACCESSORY USES ACCESSORY STRUCTURES AND USES TEMPORARY USES ANIMAL SHOWS CHRISTMAS TREE/PUMPKIN SALES CIRCUSES AND CARNIVALS 1526%024179224.2_9.5.2007 (A), (B), (C), (V) P/UP P/UP P/UP P/UP P/UP - -- (L) P--- --- --- P P L-9 --- --- --- --- — P --- --- --- P P (A), (B), (C), (V) (K) (B) (K) 29 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 RECREATION & ENTERTAINMENT P -- P P (K) EVENTS TRADE FAIRS P - -- - -- - -- P P (K) Central Balboa Specific Plan: Additional Land Use Regulations L -1 See Section 20.45.035 (B). 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). 30 15261021479224.2_9.5.2007 RSC RP R -2 MFR GEIF OS Additional Regulations COMMERCIAL FILMING, LIMITED P -- - -- -- P P (K) FAIRS AND FESTIVALS P -- - -- - -- P P (K) PERSONAL PROPERTY SALES - -- P P P - -- - -- (P) OUTDOOR STORAGE, TEMPORARY P -- - -- - -- - -- - -- (M) REAL ESTATE OFFICES, TEMPORARY L -9 L -9 L -9 L -9 -- RECREATION & ENTERTAINMENT P -- P P (K) EVENTS TRADE FAIRS P - -- - -- - -- P P (K) Central Balboa Specific Plan: Additional Land Use Regulations L -1 See Section 20.45.035 (B). 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). 30 15261021479224.2_9.5.2007 L -11 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. 12 Services involving the assem bly or meetings of 7 or more Persons are Prohibited (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: 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. 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. (I) 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). 31 1526 \02 \479224.2_9.5.2007 (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 Chapter 5.95 of the Municipal Code. (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, and residential care facilities, small unlieefisedUgflLigLnA0, would normally be prohibited in all residential zones as a group residential use=g facilitate housing for persons with disabilities, residential care facilities, general, may be permitted with a use permit in the RSC and MFR zones, and residential care facilities, small rufieeneednonlicd, ense may be permitted with a use permit in the RSC, R -P, R -2, and MFR zones. (T): No residential use may offer or provide services to persons not residing on the site, unless the City has approved a use permit allowing such use, or in compliance with Section 20.60.100: Home Occupations in Residential Districts. (U): Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (V): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. 32 1526 \02\479224.2 9.5.2007 Page 20.62 -1 Nonconforming Structures and Uses CHAPTER 20.62 NONCONFORMING STRUCTURES AND USES Sections: 20.62.010 Purpose 20.62.020 Applicability 20.62.030 Determination of Nonconformity 20.62.040 Nonconforming Structures 20.62.050 Nonconforming Uses 20.62.060 Nonconforming Parking 20.62.065 Landmark Buildings 20.62.070 Restoration of Damage or Destruction 20.62.080 Termination of Nonconforming Status 20.62.090 Abatement 20.62.100 Rights of Appeal 20.62.010 Purpose Nonconforming uses, structures, and parking are inconsistent with a coherent zoning plan and the established standards and regulations set forth in this Title. This chapter establishes procedures forthe continuance or abatement of existing structures and uses that do not conform to the provisions ofthe Zoning Code, especially in residential zoning districts, and which may be adverse to the general welfare of persons and property and detrimental to the orderly development of the City as envisioned by the goals and policies of the General Plan. The purpose of these provisions is to: A. Bring nonconforming uses and structures into conformance with the development standards set forth in the City's Zoning Code. B. Reduce the occurrence and limit the extent of nonconformance of nonconforming uses and structures, especially in residential zoning districts. C. Phase out certain nonconforming uses and structures in accordance with the abatement periods set forth below, without infringing upon the constitutional rights of property owners. 12/23/04 152610PA79227.3_9.6.2007 Page 20.62 -2 Nonconforming Structures and Uses 20.62.020 Applicability Uses, buildings, structures or lots that become nonconforming due to reclassification, ordinance changes, or annexations may be continued, subject to the provisions of this chapter. 20.62.030 Determination of Nonconformity A. The Planning Director shall determine the nonconformity of any use, building, structure, or lot. B. Any use found to have been lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City, shall be deemed to be a nonconforming use. A nonconforming use includes a use that was lawfully established and maintained but is conditionally permitted in the district and has not obtained a use permit. A use shall not be considered to have been "lawfully established and maintained" and is an illegal use ifit was established or operated without required permits and licenses, including but not limited to permits and licenses required by any federal, state, or local government agency. C. Any structure or building that was lawfully erected, but which does not conform with the property development regulations prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City, shall be deemed to be a legal nonconforming structure. A building or structure shall not be considered to have been "lawfully erected" and is an illegal structure if it was constructed without required permits, including but not limited to permits required by any federal, state, or local government agency. D. When a use or structure does not conform with the use regulations or required conditions for the district in which it is located, it `hall he Ow fespensibWit of the O'A -Re- tO PFOVidO •*kkwwethe property owner or person asserting that it is a nonconforming use or a nonconforming structure has the burden to provide sufficient documentation to the Planning Director that the use or structure was lawfully established, maintained, and erected and is nonconforming by reason of adoption or amendment of this code or by reason of annexation of territory to the City. E. A use or structure that was not lawfully established, maintained, or erected is contrary to the provisions of this code and the City may commence an action or proceedings for the abatement and removal of the use or structure pursuant to the provisions of Chapter 20.96. 12/23/04 1526W2 \479227.3_9.6.2007 Z Page 20.62 -3 Nonconforming Structures and Uses 20.62.040 Nonconforming Structures A. Maintenance and Repairs. Ordinary maintenance and repairs may be made to legal nonconforming structures. No structural alterations shall be made which would prolong the life of the supporting members of a structure, except as provided in this section. B. Interior Alterations. Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal nonconforming structure, provided that the cost of the desired improvement or repair shall not exceed 50 percent of the replacement cost of the nonconforming structure, as determined by the Building Director, over any consecutive 12 month period. C. Structural Alterations. Structural elements of a legal nonconforming structure may be modified or repaired subject to the following provision: Alteration of up to 25 percent of the structural elements within any 12 month period may be permitted by right. 2. Alteration of up to 50 percent of the structural elements within any 12 month period may be permitted upon the approval of a modification permit. 3. Alteration of up to 75 percent of the structural elements within any 12 month period may be permitted upon the approval of a use permit by the Planning Director, subject to the findings and provisions contained in Section 20.62.040 (F). D. Additions. Structures legalty nonconforming for reasons other than for parking, open space, floor area, or building bulk, may be enlarged, extended or expanded subject to the following provisions: A increase of up to 25 percent of the gross floor area within any 12 month period may be permitted by right. 2. An increase of up to 50 percent of the gross floor area within any 12 month period may be permitted upon the approval of a modification permit. 3. An increase of up to 75 percent of the gross floor area within any 12 month period may be permitted upon the approval of a use permit by the Planning Director, subject to the following findings and provisions contained in Section 20.62.040 (F). 12/23/04 1526\021479227.3_9.6.2007 Page 20.62 -4 Nonconforming Structures and Uses No addition shall cause an increase in the structure's inconsistency with the regulations of the Zoning Code. E. Exceptions. The provisions of this section shall not apply to the following circumstances: Seismic Retrofits. Alterations to a structure required to comply with the minimum provisions of Chapter 15.07, "Earthquake Hazard Reduction," and California Government Code Section 8875. 2. Public Health & Safety. Structural elements of a legal nonconforming structure may be modified or repaired if the Building Director determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property and the cost does not exceed 50 percent of the replacement cost of the legal nonconforming structure, as determined by the Building Director. Nonconformine Parking. Structures which are nonconforming due to off - street parking and loading requirements shall be subject to the provisions of Section 20.62.060. F. Required Findings. A use permit required for the alteration of a nonconforming structure may be approved only ifthe following findings are made in addition to those findings specified in Chapter 20.91. I . The cost of the improvements to be made is minor in comparison to the value of the existing nonconforming condition. 2. The cost of correcting the nonconforming condition would exceed the cost of the other alterations proposed. 3. Retention of the nonconforming condition is necessary to maintain reasonable use of the structure. 4. The alteration does not increase the structure's inconsistency with the regulations of the Zoning Code. 20.62.050 Nonconforming Uses A. Expansion, Increase and Intensification of Nonconforming Uses. In nonresidential 1223104 1526%02k179227.3_9.6.2007 Page 20.62 -5 Nonconforming Structures and Uses districts, and in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, a use normally permitted by right or by the approval of a use permit, but which is nonconforming by virtue of the required conditions of the district in which it is located, may be expanded, increased or intensified by way of a change in operational characteristics upon the approval of a use permit. Exception: The use of a Landmark Building (see Section 20.62.065) may be changed, expanded, increased or intensified and structural alterations may be made without obtaining a use permit required by this Section or the provisions of Section 20.82 subject to compliance with the provisions of Section 20.62.065. B. Change of Nonconforming Use. A nonconforming nonresidential use may be changed to a conforming use provided that the requirements of Chapter 20.63 (Floor Area Ratios and Building Bulk) are satisfied and the change does not create or increase a deficiency in code required off - street parking. A nonconforming residential use may be altered to reduce the number of dwelling units provided there is no increase in gross square footage and the provisions of Chapter 20.86: Lowand Moderate Income Housing within the Coastal Zone, are satisfied. In nonresidential zoning districts, and in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, a nonconforming use may be changed to a use of a similar nature provided no intensification or enlargement of the nonconforming use occurs, unless a use permit is granted as provided in Subsection A above, and provided that the new use is no less compatible with the surrounding area. 20.62.060 Nonconforming Parking A. Residential Uses. Where residential uses are nonconforming only because they do not conform to the off - street parking requirements of this code, the following alterations are permitted: Number of Spaces a. Residential development having less than 2 parking spaces per dwelling unit: (1) Repair and maintenance, interior alterations, and structural alterations, as provided for in Section 20.62.040 (A -C). 12/23/04 1526102\179227.3_9.6.2007 M Page 20.62 -6 Nonconforming Structures and Uses (2) Minor additions to existing buildings, such as the construction of bathrooms, closets and hallways, or the expansion of existing rooms, subject to the floor area limits of Section 20.62.0.040 (D -1 — 133). (3) Addition of a new room provided that there is no net increase in the number of habitable rooms, upon the approval of a modification permit, subject to the floor area limits of Section 20.62.0.040 (D -1 — D-3). b. Residential development having at least 2 parking spaces per dwelling unit may be altered or expanded as provided in Subsection A -1 -a, exceptthat: (1) The approval of a modification permit shall not be required for the addition of a new room provided that there is no net increase in the number of habitable rooms. (2) Additional rooms may be added upon the approval of a modification permit. 2. Size of Parking Spaces. a. No discretionary approvals shall be required for the alteration or expansion of buildings which are nonconforming only because amendments to this code have changed the dimensions of required parking spaces subsequent to the original construction of the building, provided that the building and any proposed addition shall conform to current provisions of this code with regard to the number of required parking spaces. b. Where the dimensions of required parking spaces do not meet provisions of Subsection A -2 -a, above, or current standards, alteration of the structure may be permitted only upon the approval of a modification permit. Covered and Enclosed Parking. Residential development having less than the required number of enclosed parking spaces: 12/23104 1526502\179227.3_9.6.2007 4 Page 20.62 -7 Nonconforming Structures and Uses a. Repair and maintenance, interior alterations, and structural alterations, as provided for in Section 20.62.040 (A -C). b. Minor additions to existing buildings, such as the construction of bathrooms, closets and hallways, or the expansion of existing rooms, subject to the floor area limits of Section 20.62.0.040 (D). C. Addition of a new room provided that there is no net increase in the number of habitable rooms, upon the approval of a modification permit, subject to the floor area limits of Section 20.62.0.040 (D). B. Nonresidential Uses. Where nonresidential structures and uses are nonconforming only because they do not provide the number of parking spaces required by this code, the following shall be controlling: Continuation or Change. Nonconforming structures and uses in nonresidential zoning districts, and in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, may be continued or changed to a use requiring the same or less on -site parking, consistent with all other provisions of this code. 2. Repair and maintenance, interior alterations, and structural alterations, as provided for in Section 20.62.040 (A -C). 3. Enlargement or Intensification. a. More Than 10% Increase The nonconforming structure or use may be enlarged by more than 10 percent of its original gross floor area, or onsite uses may be intensified such that code required parking would increase by more than 10 percent, in any 12 month period, only if all code required parking is provided, unless a waiver or reduction of the parking requirement is authorized by use permit approved by the Planning Director. b. Less Than 10% Increase A nonconforming structure or use may be enlarged by less than 10 percent of its original gross floor area or intensified to generate less than a 10 percent increase in code required parking, upon the 12/23104 1526502\4792273_9.6.2007 Page 20.62 -8 Nonconforming Structures and Uses provision of code required parking attributable to the enlargement or intensification. 4. Removal. All nonconforming fights with regard to parking shall be lost for any non - accessory building which is demolished. 20.62.065 Landmark Buildings A. Purpose. To preserve historic structures, encourage their adaptive reuse, and revitalize the older commercial areas in which they are located by granting relief from restrictions on nonconforming uses and structures in this Chapter while maintaining the principal use and minimizing impacts on the surrounding area. B. Applicability. The following types of buildings are recognized as having importance to the history and architecture of the City of Newport Beach and are collectively designated as Landmark Buildings: Landmark Theaters. The term Landmark Theaters shall mean any building constructed for use as a cinema or theater that (a) was constructed on or before December 12, 1950; (b) has a single screen or stage; and (c) was designed to seat more than 300 people. 2. Landmark Structure. The term Landmark Structure shall mean any building listed on the National Register of Historic Places, constructed prior to December 12, 1950. C. Exemptions. The principal use of a Landmark Building may be modified, maintained, altered, increased or intensified by way of a change in operational characteristics without obtaining a use permit required by Section 20.62.050 (A) or the provisions of Section 20.82, subject to compliance with the conditions of Subsection (D) and irrespective of whether the principal use has been inactive for any period of time since inception. An accessory use may be initiated, or intensified by way of a change in operational characteristics, in a Landmark Building without obtaining a use permit required by Section 20.62.050 (A) or Section 20.82 subject to compliance with the conditions of Subsection (D). Structural alterations may be made to a Landmark Building without obtaining a use permit pursuant to Section 20.62.040(C) subject to compliance with the conditions of Subsection (D). For purposes of this Section the term accessory use shall mean any use that is permitted as a matter of right or pursuant to a use permit in the zoning district in which the Landmark Building is located. For purposes of this Section, the term principal use shall mean, in the case of a Landmark Theatre, the (i) display of motion pictures; and (ii) any similar 12/23/04 1526102\479227.3_9.6.2007 R Page 20.62 -9 Nonconforming Structures and Uses entertainment use that occurred on a regular basis within the structure from its inception to January 1, 2003. In the case of a Landmark Structure, the term principal use shall be the use that occupied the greatest amount of floor area as of January I, 2003. D. Conditions. The exemptions specified in Subsection C are applicable on the following conditions. I . Any new use that is initiated, and any use that is intensified by way of a change in operational characteristics, is accessory and remains subordinate to the then current and ongoing principal use of the Landmark Building. 2. The principal use ofthe Landmark Building occupies, at all times, no lessthan seventy percent (70 %) of the of the gross floor area of the Landmark Building. 3. A use permit is issued pursuant to the provisions of Chapter 20.89 (Alcoholic Beverage Outlets) prior to the initiation of any accessory use that involves the sale or consumption of alcoholic beverages. 4. Any permit required by any other titles (other than Title 20) of the Municipal Code has been issued prior to the initiation or intensification (by way of a change in operational characteristics) of any accessory use of the Landmark Building. 5. Any accessory use in any Landmark Theater is conducted between the hours of 8:00 a.m. and 12:00 a.m. The required off - street parking of all uses after any additions, intensification, modification or expansion (including credit for reductions inoff-street parking resulting from the elimination of accessory uses existing on January I, 2003) is less than the required off - street parking for the principal and accessory uses prior to any additions, intensification, modification or expansion. The fagade and/or exterior architectural features of the Landmark Building are not substantially altered or are restored to original condition and the exterior walls of the Landmark Building remain in substantially the same location as they existed on January I, 2003, 12123/04 1526\02\479227.39.61007 n Page 20.62 -10 Nonconforming Structures and Uses 20.62.070 Restoration of Damage or Destruction A. Nonconforming Use. A nonconforming use occupying land, a building, or portion thereof which is otherwise conforming and damaged or destroyed by fire, explosion, earthquake, or other disaster may be reestablished, provided that restoration work is commenced within 12 months after the damage or destruction occurs and is pursued diligently to completion, and provided that an abatement period for the use has not been established pursuant to Section 20.62.090. B. Nonconforming Structure or Parking 1. Determination of Replacement Value. The replacement value ofthe structure shall be determined by the Building Director. However, the Building Director shall accept the appraised replacement value of the structure as determined by an independent, licensed appraiser retained by the property owner, should the property owner choose to do so. The replacement value ofthe structure shall be in excess of the building foundation at the time of the damage. 2. Up To 90 % Damage or Destruction. a. General Provisions. A nonconforming structure, which is partially destroyed by fire, explosion, earthquake, or other disaster, may be repaired or restored as a matter of right if the cost of the repair or restoration is less than 90 percent of the replacement value of the structure. The rights conferred by this section are contingent upon diligent application for a building permit after the damage or partial destruction occurs and diligent pursuit of repairs to completion. b. Snecial Provisions. Notwithstanding the provisions of subparagraph a, where a structure is nonconforming due to an encroachment into a setback or into the required distance between buildings, and the encroachment is more than 90 percent destroyed, a modification permit shall be required for replacement or repair of the encroachment. When a structure is nonconforming due to excessive height, bulk, gross floor area, or lack of open space, and the nonconforming condition is more than 90 percent destroyed, the nonconforming condition may be restored only after approval of a use permit approved by the Planning Director pursuant to Chapter 20.91 with the 12/23/04 15261021479227.3_9.6.2007 'M Page 20.62 -11 Nonconforming Structures and Uses following additional findings, subject to the limitations in Subsection D below: (1) That replacement of the nonconforming condition isnecessary to maintain reasonable use of the structure or individual condominium unit. (2) That replacement of the nonconforming condition isnecessary to preserve a substantial property right. Greater Than 90% Destruction. if a nonconforming structure is damaged or destroyed by fire, explosion, earthquake, or other disaster to an extent of more than 90 percent of its replacement value, then the nonconformity may be restored only if a use permit is first approved by the Planning Director provided application for the use permit is made within 12 months after the damage or destruction occurs and the following findings are made in addition to those findings required in accordance with Chapter 20.91 subject to the limitations in Subsection D below: a. That replacement of the nonconforming condition is necessary to maintain reasonable use of the property or individual condominium unit. b. That replacement of the nonconforming condition is necessary to preserve a substantial property right. 4. Removal of Portions of the Structure Not Destroyed or Damaged. if a nonconforming structure is damaged or destroyed by fire, explosion, earthquake, or other disaster to an extent of more than 50 percent of its replacement value, then a maximum additional 20 percent ofthe structure may be removed and replaced if necessary to pursue restoration of the structure. Any additional portions of the structure may be removed and replaced, only upon the approval of a use permit by the Planning Director and subject to the following findings in addition to those findings required in accordance with Chapter 20.91. a. That substantial additional expense would be created by the necessity of working around the additional portion of the structure to be removed when repairing the damaged or destroyed portion. 12/23/04 1526502M79227.3_9.6.2007 N Page 20.62 -12 Nonconforming Structures and Uses b. That replacement of the nonconforming portion of the structure which was voluntarily removed is necessary to preserve a substantial property right; or that the rebuilt portion of the structure will more nearly conform to the provisions of this code. C. Aging and Deterioration. The provisions of this section shall not be construed to permit replacement of nonconforming conditions in structures undergoing renovation, remodel, or reconstruction, structures damaged by ongoing natural processes such as dry rot or termites or structure which have deteriorated due to age. D. Condominium Units. When a use permit is required for replacement or repair of any condominium units which are damaged or destroyed by fire earthquake, explosion, or other disaster, no reduction in the number of units shall be required. The replacement units shall be permitted to be equivalent in size and location to the units which were damaged or destroyed. 20.62.080 Termination of Nonconforming Status A. Unless otherwise provided in this chapter, a nonconforming use must cease operations and cannot be reestablished when one or more of the following events occur: The nonconforming use remains inactive for 180 consecutive days, except as provided in Subsection B, below. 2. The nonconforming use is converted to a conforming use. 3. The nonconforming use is enlarged, extended, expanded or in any other manner changed to increase its inconsistency with the regulations ofthis code. 4. The abatement period expires as set forth in Section 20.62.090. B. Exceptions. In nonresidential zoning districts, and in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, a nonconforming use which has been inactive for 180 days or more may be reestablished, subject to the approval of the Planning Director upon finding that: 12/23104 1526%02\179227.3_9.6.2007 k Z- Page 20.62 -13 Nonconforming Structures and Uses a. The use is normally permitted, either by right or by the approval of a use permit, and is nonconforming only by virtue of the required conditions of the district in which it is located; and b. The property or structure where the nonconforming use was located contains a substantial investment in the structural design, equipment, or fixtures that are unique to and necessary for the operation of the former use; and C. The property owner has made a good faith effort to reestablish the use and has maintained the property in a manner to prevent unsafe or unsightly condition during the period of inactivity. 2. A nonconforming use that has been inactive for 180 days or more may be reestablished when located within a Landmark Building, pursuant to the requirements of Section 20.62.065. C. Abatement. Wheneverthe Planning Director finds that any of the conditions set forth in Subsection A exist, the Planning Director wayshall issue a written order of abatement as specified in Section 20.62.0901 of this chapter. 20.62.090 Abatement A. Time Periods for Abatement. Nonconforming uses shall be abated and terminated upon the expiration of the periods of time set forth below. Nonconforming Use of Land When No Structure Is Involved. In any district, the nonconforming use of land not involving a structure shall be abated within one year following approval of an inventory containing the use pursuant to Section 20.62.090.B; or within one year after the Planning Commission completes proceedings for the abatement of the use pursuant to Section 20.62.090.E. 2. Nonconforming Use of Land Involving a Structure. a. In Residential Districts (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, a nonconforming use of land involving a structure shall be discontinued within two years following approval of an inventory containing the use pursuant to Section 20.62.090.B. 12/23/04 1526102\179227.3_9.6.2007 V' Page 20.62 -14 Nonconforming Structures and Uses Exception: Multi- Family-Residential uses and Two- FamilyReslderrtial uses located in Residential Districts (Chapter 20.10), and in areas where residential uses are provided for in Planned Community Districts or Specific Plan Districts, which are nonconforming only in terms of their density or parking or their use as Multi -Family ResidMka or Two - Family Residential shall not be subject to abatement. b. In nonresidential districts, and in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, the nonconforming uses of land wherein a structure is involved shall be discontinued within ten years after the Planning Commission completes proceedings for the abatement of the use pursuant to Section 20.62.090.D. C. Notwithstanding the above, any maximum abatement periods specified in Planned Community Districts or Specific Plan Districts shall be as shown in the specific plan or development plan. Exception: No abatement period will be set for the use of a Landmark Building (see Section 20.62.065), which may be changed, expanded, increased or intensified and structural alterations may be made subject to compliance with the provisions of Section 20.62.065. B. Procedures for Abatement of Uses in Residential Districts. The following procedures shall be followed prior to any abatement of nonconforming uses in Residential Districts (Chapter 20.10) and in areas where residential uses are provided for in Planned Community Districts or Specific Plan Districts: nvento . Within one hundred twenty (120) days of the effective date of any ordinance that causes an existing use to become nonconforming or which imposes an abatement period on existing uses, the Planning Director shall begin to identify and inventory all nonconforming uses subject to abatementin Residential Districts (Chapter 20.10) and in areas where residential uses are provided for in Planned Community Districts and Specific Plan Districts. The inventory shall be completed in a timely manner. 2. Notice of Inventory. Following completion of all or part ofthe inventory, the City shall send written notice, by first class mail, to the owners of all properties, as shown on the last equalized assessment roll, identified by the inventory as nonconforming uses subject to abatement. Occupants shall also 12/23/04 15261021479227.3_9.6.2007 Page 20.62 -15 Nonconforming Structures and Uses be notified as specified in Section 20.91.030.C. Within 45 days of the mailing of the written notice, any property owner, occupant. or authorized agent; may submit a complete application to the Planning Director demonstrating that the use conforms with the use regulations and required conditions for the district in which it is located. The Planning Director shall make a determination no more than 90 days after receiving a complete application. The Director shall modify the inventory as required. Planning Commission Hearing. The Planning Commission shall consider, at a public hearing, whether the uses identified in the inventory aad= nonconforming and so subject to abatement. "Phe Commission FnayNoticeshall be provided to all owners and occupants of mmt)erty within 300 feet of those propert ies i entified as nonconforming. as snecified in Section 20.91.030.C. The Commission-shall approve, approve with changes, or disapprove the inventory of nonconforming uses subject to abatement. 4. Further Notice to Owners. Within 14 days following approval ofthe inventory of uses subject to abatement, the City shall send written notice, by first class mail, to the owners of all properties, as shown on the last equalized assessment roll, identified in the approved inventory as nonconforming uses subject to abatement. The written notice shall describe the abatement period and the procedures for requesting an extension of the abatement period. lfany existing uses may become conforming upon the approval of a use permit, the written notice shall describe the procedures for applying for a use permit. C. Extension of Abatement Period. Purpose. A property owner may request an extension ofthe abatement period to amortize the property owner's investment to avoid an unconstitutional taking of property. The City will evaluate evidence of economic hardship arising from abatement, the nonconformity's impact on the community, and other factors that may affect the length of the abatement period required to avoid an unconstitutional taking. 2. Application Requirements. The owner of property subject to an abatement period, or his authorized agent, may file an application for extension of the abatement period no later than 180 days prior to the expiration of the abatement period set forth in this chapter. The application shall be filed in a manner consistent with the requirements contained in Chapter 20.90, and shall include the following additional information: 17123/04 1526%02k179227.3_9.6.2007 15 Page 20.62 -16 Nonconforming Structues and Uses a. The length of the requested extension of the abatement period. b. Evidence in support of the findings included in Section 20.62.090.C.4 below. Notice and Hearing; Planning Commission Action. The Planning Commission shall review the application for an extension at a public hearing. Notice ofthe hsaf4% -shall be provided to all owners and occupants of pmpc y within 300 feet of the property, as specified inr''••., Ater —'_0.9. Section 20.91.030.C. The Planning Commission, by resolution, aWsha I approve, conditionally approve, or deny the request for aan extension to the abatement period. The resolution shall include findings of fact, as apprepriatereouired by Section 20.62.090.C.4 MOM. 4. Findings. In reviewing an application for an extension to the abatement period, the Planning Commission shal I grant an extension only as required to avoid an unconstitutional taking of property. The Commission shall consider: a. The length of the abatement period in relation to the owner's investment in the use, including, but not limited to, the cost of the property and improvements, the length and remaining term ofthe lease under which the use is maintained, structural alterations or enlargements, and the installation of major equipment prior to the date of nonconformity; b. The length of time the use was operating prior to the date of nonconformity; C. The suitability of the structure for an alternative use; d. Harm to the public if the use remains beyond the abatement period; and e. The cost and feasibility of relocating the use to another site. I— Other evidence relevant to the determination ofwhether aaextension the abatement period is required to avoid an unconstitutional taking of property. 5. Notice to Owner. The Secretary of the Planning Commission shall formally notify the owner of nonconforming property ofthe action ofthe Commission 12/23/04 15265025479227.3_9.6.2007 1\), Page 20.62 -17 Nonconforming Structures and Uses by mailing the owner a copy of the resolution not later than 10 days following the date of its adoption by the Planning Commission. D. Establishment of Abatement Period in Nonresidential Districts. Plannin¢ Commission Action. Where the Planning Commission determines that the orderly termination of a nonconforming use in a nonresidential district, or in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, 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, it h tl establish a ten -year abatement period pursuant to Subsection A.2. 2. Notice and Hearing. Notice and hearing shall be provided as specified in Subsection C above. If the owner desires a longer abatement period, the owner may present evidence as may relate to the case. Following the hearing, the Planning Commission fnayshall establish or refuse to establish an abatement period. If the Commission decides to establish an abatement period, it shall follow the procedures specified in Subsection C above. E. NoncQnforminQ Uses Reguiring Onlv_a Use Permit To Become Conforming. 1. Application fora Use Permit._If a use is deemed nonconforming splely cause the Municipal Code was amended to require a use permit for that use. the property owner, occupant, or authorized agent for the u e may submit a complete application for a use permit within one year following approval of an inventory containing the use pursuant to Section 20.62.090.B. 2. No Extension of Abatement Period _T_he filing of an application for a use permit will not extend any abatement period prescribed in Sectio 20.62.090.A. F. Order of Abatement. I Order of Abatement. Whenever the Planning Director finds that any of the conditions set forth in Section 20.62.080.A exist, the Directorrr3ayshall issue a written order of abatement and shall give notice given to the property owners and all persons in possession of the property. Unless the nonconformity has been previously abated, the owner and/or person in possession shall comply within the time and in the manner stated in the order. 12/23/04 1526\02\479227.39.6,2007 Y� Page 20.62 -18 Nonconforming Structures and Uses 2. Enforcement. The City shall be authorized to enforce the provisions of this Chapter by civil action, utilization of the procedures in Chapter 20.96, or any other proceeding or method permitted by law or equity. 20.62.100 Rights of Appeal A. Appeals. Decisions of the Planning Director or the Zoning Administrator 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. 12/23/04 15261024479227.3_9.6.2007 ll CE APTER 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 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 may be 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 may be granted with respect to property development regulations and performance standards, but do not extend to land use regulations. 20.91.015 Use Permit 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 is required by the terms of this code unless and until such use permit or variance has been granted by the Planning Director or the Planning Commission or by the affirmative vote of the City ExMBIT B 1526102\479225.2_9.5.2007 Page 20.91 -2 Use Permits and Variances Council on appeal or review and then only in accordance with the terms and conditions of the use permit or variance granted. 20.91.020 Application for Use Permit or Variance An application for a use permit or variance shall be filed in a manner consistent with the requirements contained in Chapter 20.90, Application Filing and Fees. If the application is for a use permit in a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the application shall be accompanied by the additional information specified in Chapter 20.91A. 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, 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, 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 decision on a use permit by the Planning Director, a notice of the decision shall be mailed to the applicant and all owners and occupants of property within 300 feet of the boundaries of the site. EXMBIT B 1526102\479225.2_9.5.2007 Page 20.91 -3 Use Permits and Variances 20.91.030 Notice and Public Hearing A. Public Hearings. The Planning Commission shall hold a public hearing on an application for a use permit or variance. 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 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 and occupants 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. -44 ,-��s� ;T;'ir �t;#z e afp meant to tain provide to 'he City the ..... -es anckd—a .asses efnvfflers as required s this see6en, 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. f it shall be the Fespens" ility of th applicant to eb to n and F p r ) •a the h a addresses c naffies rr (as required by this seetion.) C. Notice To Occupants. Notice to occupants shall be accomplished by mailing notice to each nronerty address within 300 feet of the boundaries of the site with notice addresxed to "occupant " t shall be the responsibility of the applicant to obtain and provide to the its e names and addresses of owners land_prongrtv_addresses within 300 feet of the boundaries of the site [as required by this section.l EXF B[T e 1526\02\179225.2_9.5.2007 3 Page 20.91 -4 Use Permits and Variances 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: 1. A description of the location of the project site and the purpose of the application; 2. A statement of the time, place, and purpose of the public hearing or of the purpose of the administrative decision; 3. 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 EXHIBITS 152M2\479225.2_9.5.2007 9 Page 20.91 -5 Use Permits and Variances 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. If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. B. For Variances. 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application ofthis code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. 3. 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. 20.91.040 Conditions of Approval The Planning Commission or the Planning Director, as the case may be, may impose such conditions in connection with the granting of a use permit or variance 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, including but not limited to management and operations plans. Such conditions may include, but are not limited to, requirements for off - street parking facilities and prohibitions against assembly uses as determined in each case. EXHIBIT B 15261025479225.2_9.5.2007 5 Page 20.91 -6 Use Permits and Variances 20.91.045 Effective Date Use permits and variances 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 is made by the Planning Commission or the City Council. 20.91.050 Expiration, Time Extension, Violation, Discontinuance, and Revocation A. Expiration. Any use permit or variance 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: 1. 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 A certificate of occupancy has been issued; or The use is established; or 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 atime 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 granted in accordance with the terms of this code may be revoked if any of the conditions or terms of such use permit, or variance are violated, or if any law or ordinance is violated in connection therewith. D. Discontinuance. A use permit or variance 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. EXHIBIT B 1 526102\479225.2_9.5.2007 !i Page 20.91 -7 Use Permits and Variances 20.91.055 Amendments and New Applications A. Amendments. A request for changes in conditions of approval of a use permit or variance or a change to plans that would affect a condition of approval shall betreated as a new application. The Planning Director 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 variance is disapproved, no new application for the same, or substantially the same, use permit or variance 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, EXHIBIT B 1526\02\479225.2_9.5.2007 Chapter 20.98 Reasonable Accommodation Sections: Page 20.98 -1 Reasonable Accommodation 20.98.010 Purpose. 20.98.015 Review Authority. 24.-Q9-.G-'-M520.98.020 Application for a Reasonable Accommodation. 20.98. 03820.9 Decision. 244.99.03; Noti e and A.ppea nn 99 04020,98.030 Expiration, Time Extension, Violation, Discontinuance, and Revocation. 2- 0.98:04520.98.035 Amendments. 20.98.010 Purpose In compliance with federal and state fair housing laws, it is the City's policy to provide reasonable accommodation in its zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a residence or to avoid discrimination on the basis of disability. 20.98.015 Review Authority A. Zenine Administrator. The Zoning The Planning Commission shall approve, conditionally approve, or deny a 1 applications for a reasonable accommodation sinless another diSCFetionary permit or approval is required far the I4. Other Review A±• If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the ,.6,�H„_:,. reviewing "'"Plannine Commission shall, to the maximum extent feasible, hear the other discretionary permit may appi-eve. appreve eF deny the r anoroval at the same time as the request for reasonable accommodation. 20.98.020 Application for Reasonable Accommodation A. Procedure. Applicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for an individual individuals with a disability. A reasonable accommodation may be approved only for the benefit of individuals with a disability. 2. Application. An application for a reasonable accommodation from a zoning regulation, policy or practice, including conditions of approval for, or denial of, a discretionary permit, shall be made on a form provided by the Planning Department. No fee shall be required for a request for EXHIBIT C 15261021479226.3_9.62007 Page 20.98 -2 Reasonable Accommodation reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. 2:. 3 Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant shall, to the maximum extent feasible, file the request for reasonable accommodation together with the application for the other discretionary permit or approval. B. Required Submittals. In addition to materials required under other applicable provisions of this Code, an application for reasonable accommodation shall include the following: -- Documentation that the applicant is an individual with a disability or is applying on behalf of an individual with a disability, or is a developer or provider of housing for an individual with a disability. 2. 2The specific exception or modification to the Zoning Code provision, policy, or practice requested by the applicant, and documentation that such exception or modification is necessary to provide the individual with a disability an equal opportunity to use and enjoy the residence. _ Documentation that such exception or modification is necessary to provide the individual with a disability an eoual opportunity to use and enjoy the residence. 0 of the indi- v+dua; I�nc:Ik4edindividuals benefited[ complies with fair housing law protections and the privacy rights of the lindiyiduals affected. 20.98.025 Decision A. A. PRtOF Aetien. F31. s anatthe, ° ,eretiaBary- pernik -ef i ed r4 the project, the Zoning a Commission Action, The Planning Commission shall issue a written determination to either approve, conditionally approve, or deny a request for reasonable accommodation in compliance with Section 20.98.025.D w n 45 Be le Me applie-ation is eemed cemplete. or within art extended pefied A4mii"4trat9FB. Additional 7 C .. +: Tt_ _ 7„ A d«, �r «7,r�__T may :.t A. ..Ll.. ..I7, ...f ,. I St f ,7 Hf Fffi&ti8" ar, e EXHIBIT C 15261021479226.3_9.6.2007 Page 20.98 -3 Reasonable Accommodation .. PeaSOHabl@ .. e The reasonable accommodation request shall be heard with, and subject to, the notice, review, approval and appeal procedures prescribed for tl3ean =y other discretionary accommodation request shall be subw PAJoAhe notice and re i w procedures prescribed in Section 20 91 030 and the anneal procedures prescribed in Sectio M9_ 1�. Sz_Q 14B. Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings required for approval of a reasonable accommodation: that the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with a disability protected under the fair housing laws; 2. that the requested accommodation is necessary to make housing available to an individual with a disability protected under the fair housing laws; 3. that the requested accommodation would not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law; and 4. that the requested accommodation would not require a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in fair housing laws and interpretive case law. In making these findings, the decision -maker may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant. C The City may consider but is not limited to the f llowine factors in determinin whether the reques in ft-nature of the City' onin pro ram L. Irl the case of 4--determination i vo Vine a single - family dwelling. whether the disabled individuals would constitute a single housekeeping snit i they were not disabled. EMBIT C 1526\02\479226.39,6,2007 3 Page 20.98 -4 Reasonable Accommodation =11 I tuI M. .0 So M raw 7M I l_1_I 11 O Minima- Miff 3. Whether the accommodation would significantly increase traffic or resul in insufficient narking. SD-. Coastal Zone Properties. For housing located in the Coastal Zone, a request for reasonable accommodation under this section may be approved by the City if it is consistent with the requisite findings set forth in 20.98.025.DB with Chapter 3 of the California Coastal Act of 1976, and with the Interpretative Guidelines for Coastal Planning and Permits as established by the California Coastal Commission dated February 11, 1977, and any subsequent amendments, and the Local Coastal Program. Where a request for reasonable accommodation is consistent with 20.98.025.13B but is not consistent with all of the other regulations identified in the paragraph above, the City may approve the request for reasonable accommodation if the City finds: that the requested reasonable accommodation is consistent, to the maximum extent feasible, with the regulations identified in this subsection; and, 2. that there are no feasible alternative means for providing a reasonable accommodation that would provide greater consistency with the regulations identified in this subsection. For the purposes of this Paragraph PD "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. E. Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. yi• • 1 EXHIBIT C 152610214792263_9.6.2007 1 low 0 IMMMMIM EXHIBIT C 152610214792263_9.6.2007 1 Page 20.98 -5 Reasonable Accommodation NOW JE. Effective Date. No permit or license shall be issued for any reasonable accommodation until the decision shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the o'..... ing Gemrni5 i „_ City Council; as on such appeal, under the provisions of Chapter 20.95. No permit or license shall be issued for any use or property modification until the decision shall have become final by reason of the expiration of time to make an appeal. 20 g.^-'j520.98.030 Expiration, Time Extension, Violation, Discontinuance, and Revocation A. Expiration. Any reasonable accommodation approved 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: I . A building permit has been issued and construction has commenced; 2. A certificate of occupancy has been issued; 3. The use is established; or 4. 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 ZORiRg " .:° °' Plannine Commission may approve a time extension for a reasonable accommodation fQr Rood cause for a period or periods not to exceed three years. An application for a time extension shall be EXHIBIT c [5265025479226.3 9.6.2007 9 Page 20.98 -6 Reasonable Accommodation made in writing to the Zoning Administrator no less than thirty (30) days or more than ninety (90) days prior to the expiration date. mrals process as set forth in Par aph j {:_b {gip below. E Violation of Terms. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. 9F. Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. It the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the Zoning Administrator determines that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Code or (2) the accommodation is to be used by another individual with a disability. The Zoning Administrator may request the applicant or his/her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten (10) days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. E -Q. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96: Enforcement. 20-99-0441q,9,= Amendments A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The Zoning Administrator may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. 1526102\179226.3_9.62007 EXHIBIT C Page 20MA -1 Use Permits in Residential Zones CHAP'T'ER 20.91A USE PERMITS IN RESIDENTIAL DISTRICTS Sections: 20.91A.010 Purpose 20.91A.020 Application Contents 20.91 A.030 Development and Operational Regulations 20.91 A.040 Required Findings 20.91A.010 The esesnecific numoses of this chapter is- —re— A. To promote the public health, safety, and welfare and to implement the goals and policies of the Newport Beach General Plan by ensuring that conditional uses in residential neighborhoods do not change the character of such neighborhoods as primarily residential communities. B. To protect residential neighborhoods with nonstandard- ubdivisions, areas with substandard lot widths and areas. minimal setbacks, and narrow streets and allevs- from an overconcen ration of conditional uses that have greater impacts on residential areas with nonstandard development natterns and which have greater impacts than those envisioned at the time of the original subdivision and development. 20.91A.020 Application Contents In addition to the application requirements contained in Chapter 20.90, Application Filing and Fees, an application for a use permit in a Residential District (Chapter 20.10), or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, shall be accompanied by the following information and plans: A. Required Information. I. Facility Users. Number and types of users of the facility (including staff, clients, visitors, students, etc., as appropriate); hour - 2. Operational Characteristics. Hours of operation, types of activities, andtypical attendance at activities-; P, 12/23/04 1526\021479228.3_9.6.2007 Page 20.91A -2 Use Permits in Residential Zones and Parking. Availability of public transportation; expected parking demand and vehicular use-- eryeratiens{ and ^•^flagement Plan to 1 .{ If the ,....;t us for a ..:de...t:.d faeifit., such as a sidential e A }raert? {, Fflaxknum number ,.F,.,.,..........t., , b typie .1 length ,.F stay, and a untow eliem Fines 0 eendueE }, including bicycles and other non - motorized vehicles: means used to transport facility users• and probably routes used on a regular basis to off -site facilities, including those outside the City of Newport Beach. B. Required Plans. A+Fk4L2CatIOn map showing ' all non resij ntial "°°"'« - all conditional uses within three blocks. including property addresses; site plan showing uses and structures on adjacent parcels. C. Operations and Management Plan. Operati4psl and management plan to ensure compliance with state and local law: lmles el' +te; - and rules of conduct for all users of the site`[ If the use permit is for a residential facility, such as a residential care facility or a bed and breakfast inn, also indicate the number of residents per l,a-Itttx+ oo f. maximum number of occupants typical length o stay and any guest or client rules of conduct.] 12/23/04 1526102\479228.3_9.6.2007 Z Page 20.91A -3 Use Permits in Residential Zones 20.91A.030 Development and Operational Regulations A. Separation of Conditional Uses. Ue applieant shall pfovide a list ef other uses of the same-�. � 4 —ache I:e ed or the ed eaparaity of th a id uses; on Published seufses The - data at the applicant's s to determine 1. H _ there need F the Irse by Newp n €Seaeh residents 2 rF r,._ aF , ..se tw ._e serving uses, the Ci G it. Qentains adequate 1. J! .� facilities tF h • F use Ne...paF4 peach id e shall h h 1. no mefe than 014e go afthat typ" T olo&,- ffd-. —6es 6 �",e saffle typ !To preserve the character ofresidential neighborhoods, no conditional use shall be located within 75 feet of each otherangihgLggad4LonalusemeasurQd=kgra the exterior property lines of both uses, except that, within the area included in the measured from the exterior property lines of both uses. 3:j The provisions of this Paragraph A shall not apply to the approval of a use permit for an existing nonconforming use which is nonconforming only by lack of a use permit. B. Maximum Occupancy. There may be no more than tw-Q residents per bedroom, plus enel additional resident. C. Outdoor Smoking. No staff, clients, guests, or any other users of the site may smoke in an outdoor area within 49ea 15 feet of the property lines of the site. D. Management and Operation. The property shall be operated in compliance with applicable state and local law and in conformance with the management and operating plan and rules of conduct submitted as part of the application for a use permit. The operator shall obtain a business license for the use if required by the City. E. onlicm% Residential Care Facilities to be Occupied by individuals with Disabilities. The standards listed below shall be applied to all • ill ��ponlicensed residential care facilities serving individuals with disabilities, to ensure that these facilities are operating in a manner that is consistent with state and federal law and with established standards, and that the operators do not have a pattern or practice of operating similar facilities in violation of state or local law: 12123104 1526%02\479228.39.6.2007 3 Page 20.91A-4 Use Permits in Residential Zones The facility isshall not hc--required to be licensed by the State of California, and owners, managers, operators, and residents deshall not provide onsite any services which would require licensure of the facility under California law. 2. One facility shall receive anv certification specific to the type of facility 1haLis available from a governmental agency or qualified nonprofit organization, the + 'f M reeeived or '❑ receive such eertifleatien. including, without limitation, certification by Orange County under its Adult Alcohol and Drug Sober Living Facilities Certification Program for cooperative living arrangements providing an alcohol- and drug -free environment for persons recovering from alcoholism or drug abuse, or both. 3. The names of all persons and entities with an ownership or leasehold interest in the facility, or who will participate in operation of the facility, hav "oefshall disclosed in writing to the City, and such persons and entities de 11 not have a pattern or practice of operating similar facilities in violation of state or local law. 4. The operator of the residential facility has previdedshall provide a list of the addresses of all similar facilities in the State of California owned or operated by the operator and has eertified1haUSprta under penalty of perjury that none of such facilities have been found by state or local authorities to be operating in violation of state or local law:- attd4he Thy Zoning Administrator has verifie such information. 20.91A.040 Findings In addition to the findings required by Section 20.91.035, the Planning Commission shall make the following findings before approving or conditionally approving an application for a use permit in a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts: A A.—The use conforms to all applicable provisions of Section 20.91 A.M. F3- -The project includes sufficient on -site parking for the use, and traffic and transportation impacts have been mitigated to a level of insignificance. IN - 11 - �\ ! 1 1. l D The use will be compatible with the character of the surrounding neighborhood, and the addition of the use will not change the residential character 12/23/04 1526 \02\479228.3_9.6.2007 1 Page 20.91A -5 Use Permits in Residential Zones of the neighborhood, such as by creating an overconcentration of non - residential uses in the vicinity of the proposed use. The provisions of this Paragraph CD regarding overconcentration shall not apply to the approval of a use permit for an existing nonconforming use which is nonconforming only by lack of use permit. 12/23/04 1526 \02\479223.3_9.6.2007 W Page I of 2 Varin, Ginger From: Lepo, David Sent: Thursday, September 20, 2007 8:53 AM To: Alford, Patrick Cc: Varin, Ginger Subject: FW. BPPA STL letter le For admission into the record ... David Lepo, Director Planning Department City of Newport Beach (949) 644 -3228 w (949) 644229 f From: Mike Henn [mailto:mfhenn @verizon.net] Sent: Thursday, September 20, 2007 7:17 AM To: Lepo, David; Robert Hawkins Subject: FW: BPPA STL letter Dave/Bob: The Balboa Peninsula Point Association sent this to me and asked that it be entered into the record for the Planning Commission hearing this evening, and also for any hearing dealing with the further regulation of short term rentals. Mike Subject: BPPA STL letter Date: wed, 19 Sep 2007 18:40:37 -0700 From: saiello @sukut.com To: mhenn527 @hotmail.com Councilman Henn: At the Balboa Peninsula Point Association (BPPA) Board of Directors meeting on 13 September, the Board unanimously approved a resolution in support of short term rental limitations proposed in a letter to you dated 20 June 2007 and signed by 1 1 peninsula residents /landlords (see attachment). With this action, the BPPA Board offers the support of over 500 BPPA members in desiring to place realistic limitations on abusive short term rental activities which are outlined in the 20 June letter. We trust that this support and reinforcement of the original letter will emphasize to the planning department and city officials that the residents are anxious to see actions to prevent repeating or expanding the abuses which we have already experienced. Also attached are the minutes from 13 September meeting. If we can be of further assistance, please let me know. Sam Aiello President BPPA 09/20/2007 Sam Aiello Superintendent, Los Angeles Sukut Construction, Inc. 5805 Sepulveda Blvd., Suite Van Nuys, CA 91411 818- 780 -0500 office 818 - 780 -0501 fax 714 - 904 -1356 mobile Email: saieilo @sukut.com Website: www.sukut.com Division M Kick back and relax with hot games and cool activities at the Messenger Cafe. Play now! 09/20/2007 Page 2 of 2 U Councilman Mike Henn June 20, 2007 City of Newport Beach 3 Q, 3300 Newport Blvd. Newport Beach, CA 92663 Reference: City of Newport Beach City Council Staff Report; Agenda Item No. 19, May 22, 2007; "Report on the adoption of an interim urgency ordinance...... and Regulation of Short Term Lodging Uses." Dear Mr. Henn: The undersigned residents and landlords of Balboa Peninsula Point (BPP) are pleased to submit the following letter in two parts to help the City resolve issues associated with over concentration of renters and traffic associated with short-term rental abuses. In Part 1, we address background/problem statements and offer suggestions for inclusion in the referenced Report that we believe will help reduce some of the most serious problems. In Part 2, we introduce a "Balboa Peninsula Point (G Street to wedge) Action Committee Proposal for an Overlay Zone with one Unified Long -Term Rental Ordinance" that will resolve short-term rental problems on BPP. Part 1: Background/Problem Statement and Suggested Changes to the Referenced Resort. As residents of (BPP), we are concerned that short-term rental permits have been issued to individuals and/or businesses which are causing a serious deterioration of the residential character of BPP. BPP is overwhelmingly (96 %) zoned R -1 and the new General Plan anticipates further consolidation of the residential character of the community by requiring future down - zoning of the few existing R -2 and MFR parcels (4 %). However, egregious abuses of BPP residential character have already been permitted, and we want to stop and/or limit future City and rental agency actions that have resulted in over concentration of short-term renters and related noise, traffic and parking issues. A current example of this is the business identified in the following promotional website: surfnsunfamilyfun.com (see attachment). This website offers 3, 4 or 7 night rentals of specially modified BPP properties which are already permitted by the city and are operating to the detriment of the neighborhood. In one example, a 3,250 sq. ft. triplex at 1532 Miramar has been retrofitted and furnished with beds, bunks and foam slabs to sleep up to 40 renters on 3, 4 or 7 -day schedules. One dining room and one living room have been converted to bedrooms and one wall has been opened up to combine two apartments into one. The triplex is booked for large group family reunions. These renters arrive via personal automobiles into a neighborhood that has limited on -street a "I parking to accommodate these usually large van and/or SUV -class vehicles. This same website identifies 4 other BPP properties which have been retrofitted to accommodate higher than normal residential occupancy with associated on -street parking problems. Furthermore, a telephone call to contacts at this website indicates that they own up to 6 additional BPP properties and "are continuing to look for more properties in the area. ". Naturally, we are concerned about this proliferation and the possibility that other similar businesses may plan to "set up shop" on BPP. Following is a list of provisions, which we request be added to the referenced document to address issues discussed above. We believe that these suggestions are all consistent with zoning provisions of the Newport Beach City General Plan and the Newport Beach City desire to provide reasonable beach access to as many visitors as feasible: Page 17. Item 2. Current Regulation of Short-Term Lodging Uses. Short-term use for all future rentals should be defined as 7 days to 30 days. There should be NO NEW PERMITS ISSUED FOR LESS THAN 7 DAYS. Page 18, 3. Proposed Regulation of Short-Term Lodging Uses. Section 20.05.030 and 20.10.020 should define the difference between "vacation home rentals" and "short term lodgings ". If there is no difference DO NOT ADD an additional use classification for "vacation home rentals ". Page 19, Section 5.95.010 Clearly define "guest' with respect to the number allowed under the permits and the allowable period of stay. Page 19, Section 5,95.050 Change to read "not less than 7 days and not more than 30 days." Change fourth dash ( -) to say, "LIMIT OVERNIGHT OCCUPANCY TO 2 PERSONS PER BEDROOM ". Eliminate "plus two other persons ". Eliminate the clause allowing City to conditionally approve an increase in occupancy. This only gives rise to uncontrollable exceptions. Page 20, New Section 5.95.055. Change this to reflect that permit renewals are each year and inspections every two years. We enthusiastically support other proposed changes to the Short Term Lodging Regulations identified under Item 3 (pages 18 -21) of the referenced Report especially pertaining to occupancy limitations, guest limitations, parking controls and annual permit renewal. We would also welcome strict code enforcement of rental properties to validate landlord claims regarding available on -site parking and legal bedrooms. Our hope is that commercial exploitation of rental properties can be controlled for the benefit of all residents. 5�g Part 2: Balboa Peninsula Point (G -Street to Wedge ) Proposal for an Overlay Zone with one Unified Long -Term Rental Ordinance Proposal WHEREAS the Balboa Peninsula Point (BPP defined in this proposal as "G" street east to the Wedge) is a stable, long -term residential neighborhood of predominately (96 0/0) single - family homes with 605 of the total 630 parcels zoned R -1, and WHEREAS these R -I neighborhood characteristics in fact already extend to the majority of the sixteen R -2 parcels and nine MFR parcels which are overwhelmingly rented only long term, and WHERE AS the vast majority of the R -2 and MFR owners do not rent short term both by policy and preference and many live on their properties, (see attached list of R -2 and MFR'S) WE REQUEST: THAT THE CITY OF NEWPORT BEACH DESIGNATE the Balboa Point area from "G" street to the Wedge as a Overlay Zone with one unified long -term rental ordinance for all R -1, R -2, and MFR parcels with the exception of those short term rental properties that were grandfathered in 2004. New short-term rental permits would thereby be eliminated for all parcels from "G" street to the Wedge. This proposal would combine and unify all 630 properties on the Balboa Peninsula Point by including the sixteen R -2 parcels and nine MFR'S (total 25) together with the six hundred and five R -I parcels which are already covered in the existing 2004 long term rental ordinance that has been successfully in place for the last three years. This action would not affect the approximately eighteen short-term rental permits "grandfathered" in 2004(zoning map attached). This proposal supports the new General Plan and strengthens long established neighborhood characteristics while reducing high residential transiency and negative traffic and parking impacts. Sincerely, The BPP Action Committee for a Revised Rental Ordinance (signatures attached) Sam Aiello, 420 Seville Ave., Owner Ken Drellishak, 2145 E. Ocean Blvd. Owner Kay Mortenson, 1530 Miramar Owner/Landlord -------------------- Terry and Bill Anderson, 1520 -1522 Miramar Dr. Owner-------------------------------------- Owner/ Landlord------------------ -------------------- ----- - - - - -- Bruce Asper, 1553 Miramar Owner Bob Parker,1552 Miramar Owner /Landlord Aiko Takamoto, 1565 Miramat Owner Sheri Blessing, 1710 Miramar Owner Gary Jabara, 1551 Miramar Owner Phyllis and Mark Fricker, 1569 Miramar Owner Tom Tobin, 1529 Miramar Owner----------------- ------------------------- - - - - -- Balboa Peninsula Point Association ! "p� Board of Directors General Meeting September 13, 2007 Call to Order by Vice President Paul McKelvey at 7:03pm. Present: Bob Yant, Gloria Oakes, Paul McKelvey, Lori Sheldon, George Olsen, Gary Poelstra, Joe Thompson, Chris Melendres, John Bonar and Bambi Wiltchik. Minutes from July 12, 2007 meeting were approved. President: Absent Vice Pres: Short term leases /rental letter was approved (attached). Ramp: Joe Thompson is replacing Nick Scalzo with the ramp position. John Bonar is going to ask Tom Swift toreplace the white rail caps at the bay .beach. A new post needs to be installed at the gate to bay beach. John was given a $500 amount to get it fixed. The gate for the actual ramp needs an estimate to repair. Paul is having one of the guys he know look at the gate. The ramp membership sticker needs to have a number printed on it so boats and keys to the ramp can be cross checked for it member living in the BPP. Also, liability goes to the owner of the ramp membership, not to outsiders who use the sticker and have the key. John suggested having security for the bay beach and ramp areas for big weekends. Tuesday BBQs are over for the year. Membership: Denise Macias was given the information for the directory. The directory book should be out in early October. John still wants to cross check the membership papers handed out, with the actual memberships from Chris' list. The individuals who were helping with this are to bring their list next month. If pervious members have a financial hardship for membership, the BPPA will accept any amount given as their dues. This will be handled on an individual case basis. Chili Off: September 29`h @ 12:00. Bambi gave the reminder for the pointer. To get the permit from the city, VIP port-a- potties will not be on city "Grounds." There will be at least 12 booths and t -shirts for $12.00 or $13.00 available. Airports: George gave a report on the airplanes that fly the banners over the beach. They have to be at least 500ft above any vessel and at least 1000ft over the peninsula. If a plane is not in accordance with these distances or creates extensive noise, one needs to get the date, time and banner of the aircraft e and report it to the Long Beach FAA. George is going to write a paragraph for next year's pointer for April with this information. Parks: Bob has a call into Dan Sorrino regarding the planter at G Street. Website: 40 more people went onto the BPPA website. It is going well and a lot of pictures from the July 4a' parade on available to see. Traffic: We now have a 501 C3- non profit status as a foundation. Studies were done from a retained engineer for speed of traffic on the outer street of the BPP. If 85% of the drivers are going within 7% of the speed limit then that limit is within the standard range and will not be changed. More studies will be done by the city because of our 501 C3 status. A letter is attached regarding this issue. Solutions to the speeding problem are to be found. Treasurer: To date: $37,928.29 ($27,201.90 is cash and $10,726.39 is in a CD.) Full membership and financial report is attached. $731.00 will be saved for the Davis' in the account for the PP sign. Chris will move $5,000 - $10,000 into the CD after the directories are paid for and chili cook -off is over. Other: Gary Poelstra (1617 E. Balboa Blvd.) needed the BPPA's approval for the city application for his fichus tree removal. It was approved, but the board wanted to make clear that the BPPA is not a typical homeowners association, but more of a social club for the betterment of our community. It should not be necessary to seek this board's approval of this type of city project, nor for any liability within such project. Next meeting is on October 11, 2007 Meeting adjourned at 8:50pm Minutes taken by Lori Sheldon - Secretary ROBERT P. BAIZER & DIANE M. JACOBS 19766 PimE NEEDLES DRIvE DEL MAR, CA 82014 September 18, 2007 Mr. Robert Hawkins Planning Commission, Chair City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: Residential Uses Code Amendment (PA2007 -112) Code Amendment 2007 -005 Dear Mr. Hawkins: Ptiomw (858) 720.1290 FAX: (65x5 720-0468 DJACOOS@SAN.RR.COM e As the Planning Commission considers the proposed Residential Uses Code Amendment (PA2007 -112) to Title 20 (Zoning Code) of the Newport Beach Municipal Code, we urge you to consider the issuance of short-term lodging permits for vacation rentals in residential districts separately from the discussion of regulations relating to group occupancies. As owners of a single family home on Balboa Peninsula, the proposed amortization of short-term lodging permits for vacation home rentals promises serious financial repercussions for us. In August 2003, we enjoyed a week long vacation with our two young children in a bayside single family vacation rental managed by Burr White Realty. In fact, we so enjoyed our vacation on Balboa Peninsula that we looked for a property to purchase, and in November 2003 we closed on a single family home at 318 Alvarado Place on the Peninsula. Our intentions for the property were two -fold: (1) to use the home as a vacation property for our family, and (2) to generate income from short-term guests vacationing in the area. This arrangement has worked beautifully for the past three years. We enjoy using the property ourselves as often as we can. We are always there for the weeks of Thanksgiving, New Year's, Spring Break, and 4`h of July, as well as Memorial Day, Labor Day and the other 3 -day weekends during the year. Unfortunately, our schedules do not permit staying in Newport for the entire summer, so we open up our home to guests seeking short-term accommodations for the remainder of July and all of August. Occupancy of our short-term guests are managed by Burr White Realty and we only allow families, many of whom return year after year. We have never had any complaints about our guests from our neighbors, whom we know well. The following quote from our guest book, written by one of our summer 2007 renters, gives you a feel for our clientele: "Loved it! The house is terrific. We're back for our third summer. Our grandkids look forward to it all year long" It is sad that the proposed amendment places in jeopardy the possibility of this family enjoying our bayside short-term vacation property, just as we so enjoyed our initial one -week stay with our family in August 2003. Clearly the proposed amendment carries significant financial repercussions for us. The loss of income from short-term vacationers is an obvious result of passage. Additionally, the value of our property would be diminished significantly. The ability to appreciate income from short- term vacationers was a deciding factor in our decision to purchase the property. If income generation from short-term guests ceases to be an option, the pool of potential buyers declines — particularly in a vacation destination area like Balboa Peninsula — as does the perceived value to any potential buyer. We recognize that the City needs to regulate the density of group homes and residential care facilities, but we implore you not to do so at the expense of homeowners and vacationers who benefit from short-term lodging of single family homes. Respectfully submitted, Robert P. Baizer & Diane M. Jacobs Homeowners: 318 Alvarado Place, Newport Beach, CA 92661 Pagel of 2 Alford, Patrick From: Barry Eaton [eaton727 @earthlink.net] Sent: Tuesday, September 18, 2007 4:10 PM To: Hawkins Robert Cc: Peotter, Scott; Eaton, Barry; Cole, Jeff; McDaniel Earl; Toerge, Michael; Brad Hillgren; Varin, Ginger; Lepo, David; Alford, Patrick; Harp, Aaron; Susan Eaton Subject: [Fwd: Follow up notes to Planning Dept re.Revised Ordinances] Bob - Denys is asking that this be put into the record. You might want to send your usual email to Ginger...... Barry -- - - - - -- Original Message -- - - - - -- Subject:Follow up notes to Planning Dept re.Revised Ordinances Date:Tue, 18 Sep 2007 14:37:05 -0400 From:Denys Oberman <d.obermanga obermanassociates.com> To: <eaton727aearthlink.net>, "Michael Tidus" <MTidusaidtnlaw.com >, "Alen Taber" <ATab_.erkldtplaw.com> Barry - Regarding your comments,insightful as usual: Narcanon is not the only residential treatment facilitiy in the 91h -181h St. stretch. There are also two other businesses: Newport Coast Recovery LLC,Ocean Recovery LLC(each of these has multiple facilities in th 11th and 12th St. blocks. 2. Regarding abatement and the "Nondiscrimination' issue: There is a Mitigation and remedial requirement due to the Overconcentration which must be addressed. Institutionalization impacts both the disabled and the community. The City should have properly managed the uses: prior to 04, when it deliberately ignored the legitimate code requirements for CUPS, and subsequent to 04, when ALL regulation of group residential care and treatment uses(except congregate care) was eliminated from the ordinances, and uses were misclassified. The one regulation in place was the "FEP ": and that was never implemented. As these businesses were never required to have business licenses /register with the City, and the City never initiated review, there was no reason for the businesses to request this... Please enter these comments in "the record ". We appreciate your assistance. Regards, Denys H. Oberman, CEO A OBERMAN Siratm and FrnanNN AdvFsM OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel(949)476 -0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Email: d obe ..rmaTt@obermanassociates.com 09/18/2007 Message Page I of 2 Alford, Patrick From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Friday, September 14, 2007 9:30 AM To: 'Barbara Swink' Cc: Lepo, David; Varin, Ginger; Alford, Patrick; bhillgren @cox.net; emcdaniei @fullertoncb.com; jeff.cole @cushwake.com; scott.peotter @taxfighter.com; strataland @earthlink.net; 'Barry Eaton'; 'Robert C. Hawkins'; Henn, Michael Subject: RE: Earlier email - Vacation Home Rentals Ms. Swink, Thank you for your comments on this important project. By this email, I am forwarding your comments to the Planning Department, Planning Commissioners, and Mr. Henn for their information and for inclusion in the administrative record. On another note, thank you for your persistence with forwarding your comments. I am sorry that your earlier comments continued to get caught in my spam filter. Thanks again. RCH Robert C. Hawkins, Esq. (SBN 144906) Law Offices of Robert C. Hawkins 110 Newport Center Dr., Ste. 200 Newport Beach, California 92660 ph: 949 650 5550 fax: 949 650 1181 mobile: 949 500 1232 e -mail: rhawkins@earthlink.net This e-mail message and any attachments are confidential and may be attorney - client privileged. If you are not the intended recipient, please notify the Law Offices of Robert C. Hawkins by telephone (949) 650 5550 or by e-mail at rhawkins( earthlink.net, and destroy the original and all copies and/or versions of this message and any attachments. - - - -- Original Message--- - From: Barbara Swink [mailto:bbythesea @cox.net] Sent: Friday, September 14, 2007 8:55 AM To: Robert C. Hawkins Subject: Re: Earlier email - Vacation Home Rentals My name is Barbara Swink and I am writing on behalf of my 92 year old mother Ival Midyett Ival has owned 1515 E. Ocean Blvd., Newport Beach, on the Peninsula Point since 1955. A total of 52 years. She has rented this property off and on since then as a vacation rental and has relied on this income to make ends meet. The recent news to lose the right to rent as a vacation rental is not understandable. Why would you do this? My mother relies on this income. It isn't fair to disregard owner's property rights. We sympathize with group home issues, but to penalize us property owners in the R1 Zone is just not fair. Thank for your consideration regarding this serious problem. Barbara Swink for Ival Midyett 09/19/2007 Alford, Patrick From: Mike Henn [mfhenn @verizon.net] Sent: Wednesday, September 05, 2007 5:54 PM To: Robert Hawkins; Lepo, David Cc: Barry Eaton; Michael Lee Toerge; Scott Peotter; Earl McDaniel; Jeffrey Cole; brhillgren @hotmail.com; Harp, Aaron; Kiff, Dave; Alford, Patrick; Clauson, Robin Subject: FW: PC Group Homes Issues 8- 30- 07.doc . Attachments: PCGroupHomeslssues8- 30- 07.doc r1=1' 1 PCGroupHomesI ;ues8- 30- 07.doc, Bob /Dave: Attached is a revised version of the comments I previously distributed related to the last PC meeting on Group Homes ordinances. Please disregard the previous version of this communication. I apologize in advance for the inconvenience. Mike Pagel of 1 Alford, Patrick From: Mike Henn [mfhenn @verizon.net] Sent: Friday, August 31, 2007 4:12 PM To: Robert Hawkins; Lepo, David Cc: Barry Eaton; Michael Lee Toerge; Jeffrey Cole; brhillgren @hotmail.com; Earl McDaniel; Scott Peotter; Harp, Aaron; Clauson, Robin; Alford, Patrick Subject: Group Homes Planning Commission Meeting Attachments: PC Group Homes Issues 8- 30- 07.doc Bob /Dave: I would like to commend the Commission and staff for the diligence and care displayed in the consideration of the group home ordinances presented at the meeting of September 231d. This is a very complex and substantive issue, and considerable ground was covered by the Commission that night. In an effort to assist the further consideration of this issue at the next Commission meeting, please consider the attached summary of thoughts. I will follow up with staff next week regarding this summary. Mike 09/19/2007 Group Home Ordinances Thoughts Following the Planning Commission Meeting of August 23, 2007 The Commission straw voted to allow six - and -under unlicensed group homes in R -1.5 and R -2 zones with a use permit. It was late at night, and the Commission may not have given sufficient consideration to this issue. It is recommended that the Commission reconsider this straw vote in light of the following facts and concerns: • Particularly on the Peninsula, R -1.5 and R -2 zones are juxtaposed and contiguous to R -I zones in many places. There is no perceptible distinction between the two zones. Thus, this provision could effectively allow unlicensed group homes to be located in and among R -I areas. • Seven - and -under group homes are to be confined to the MFR zone under the currently proposed ordinance and the Commission re- affirmed this by straw vote. There are in excess of 800 acres of MFR zone in the City of Newport Beach, plus additional acreage of RM zones. Such zones are located in all areas of the City. • Thus, there is ample opportunity to serve the disabled in our City if the unlicensed six - and -under homes are also limited to MFR, and possibly MR zones. • Unlicensed six - and -under homes are, after all, unlicensed. This means they essentially are unregulated businesses, another reason to limit them to the MFR zone and therefore limit their imposition on residential zones. 2. To avoid confusion, it should be clear that the overlay zone straw voted by the Commission is to include all of the Peninsula, Lido Island, West Newport west of Newport Boulevard (perhaps excluding the area around Hoag), Balboa Island, and Old Corona del Mar. This actually is a narrowly tailored overlay zone that has very consistent land use attributes similar to the already- overconcentrated Peninsula. Short Term Lodging ( "STL'): There are solid arguments that issues relating to regulation of STL should be considered separately from Group Homes, particularly as it relates to amortization of non - conforming STL in the R -I zone. This could be easily accomplished simply by deleting STL as a specified land use in the proposed ordinances. This removes STL from Title 20 of the Code, and eliminates the requirement to amortize them in exactly the same way as other non - conforming residential uses. STL and amortization of non - conforming locations in the R -I zone can (and should) be separately considered under Title 5 of the Code at a later date, based on facts relevant to that use. There is already a plan in place to do this some time soon. Group Assembly in Commercial Zones: The Commission straw voted to prohibit group assembly uses of seven or more in the SP zones of Balboa Village, Cannery Square, and McFadden Square. This may be too limited a prohibition. By also prohibiting this use in the RSC zone, the commercial districts of Corona del Mar, Lido Marina Village and certain other areas of the City would be covered. This is important since those commercial areas abut or are in the overlay area. Based on a cursory review, it appears that this would not generate a significant number of non - conforming uses in the expanded RSC zone, so it shouldn't be a problem from a land use planning standpoint. 5. Other Suggested Changes: The resident's group recommended a fairly extensive array of redline changes to the proposed ordinances. Some of the proposed changes may be obviously good changes furthering the intent of the proposed ordinances, and some of the changes may substantively break new ground. It is hoped that City staff and outside counsel have clear direction to review all the proposed changes to accept those that further the ordinance's intent, and to isolate those substantive changes that deserve further consideration by the Commission. This should help make the process from here on out more efficient for the Commission. 6. Other Issues: The ordinances should be clear that lease agreements between group home operators and the residents they serve must be written (no oral agreements). This change should also be adopted in any ordinance revisions related to STL. This will make it much easier to sort out the operators of illegal boarding houses from legitimately authorized group home and STL uses. Staff should clarify whether the failure to obtain a business license would be grounds to deem a particular use to be illegal, and thus subject to immediate abatement proceedings. If not, it may be worthwhile to reconsider the straw vote decision to not require mandatory registration of group home uses. Perhaps it would be better to require mandatory registration, but make it applicable to all uses covered by the use permit or reasonable accommodation processes, not just residential care group homes. The map of group home facilities used at the Commission hearing grossly under- represented the number of such facilities on the Peninsula. Dave Kiff is working on a complete version of such a map. It is recommended that the more complete version be entered into the record at the next Commission meeting. Alford, Patrick From: Mike Henn [mfhenn @vedzon.net] Sent: Wednesday, September 05, 2007 5:54 PM To: Robert Hawkins; Lepo, David Cc: Barry Eaton; Michael Lee Toerge; Scott Peotter; Earl McDaniel; Jeffrey Cole; brhillgren @hotmail.com; Harp, Aaron; Kiff, Dave; Alford, Patrick; Clauson, Robin Subject: FW: PC Group Homes Issues 8- 30- 07.doc Attachments: PCGroupHomeslssues8- 30- 07.doc PCGroupHomesI ;ues8- 30- 07.doc . Bob /Dave: Attached is a revised version of the comments I previously distributed related to the last PC meeting on Group Homes ordinances. Please disregard the previous version of this communication. I apologize in advance for the inconvenience. Mike Group Home Ordinances Thoughts Following the Planning Commission Meeting of August 23, 2007 1. The Commission straw voted to allow six - and -under unlicensed group homes in R -1.5 and R -2 zones with a use permit. It was late at night, and the Commission may not have given sufficient consideration to this issue. It is recommended that the Commission reconsider this straw vote in light of the following facts and concerns: • Particularly on the Peninsula, R -1.5 and R -2 zones are juxtaposed and contiguous to R -1 zones in many places. There is no perceptible distinction between the two zones. Thus, this provision could effectively allow unlicensed group homes to be located in and among R -1 areas. • Seven -and -Over group homes are to be confined to the MFR zone under the currently proposed ordinance and the Commission re- affirmed this by straw vote. There are in excess of 800 acres of MFR zone in the City of Newport Beach, plus additional acreage of RM zones. Such zones are located in all areas of the City. • Thus, there is ample opportunity to serve the disabled in our City if the unlicensed six - and -under homes are also limited to MFR, and possibly MR zones. • Unlicensed six - and -under homes are, after all, unlicensed. This means they essentially are unregulated businesses, another reason to limit them to the MFR zone and therefore limit their imposition on residential zones. 2. To avoid confusion, it should be clear that the overlay zone straw voted by the Commission is to include all of the Peninsula, Lido Island, West Newport west of Newport Boulevard (perhaps excluding the area around Hoag), Balboa Island, and Old Corona del Mar. This actually is a narrowly tailored overlay zone that has very consistent land use attributes similar to the already- over - concentrated Peninsula. It is clear that there presently is severe over- concentration of group homes on the Peninsula portion of the overlay zone, and due to similar land use characteristics (including, but not limited to narrow lots, small setbacks, restricted parking), there is a high probability of potential over - concentration in other portions of the overlay zone. Short Term Lodging ( "STL "): There are solid arguments that issues relating to regulation of STL should be considered separately from Group Homes, particularly as it relates to amortization of non - conforming STL in the R -1 zone. This could be easily accomplished simply by deleting STL as a specified land use in the proposed ordinances. This removes STL from Title 20 of the Code, and eliminates the requirement to amortize them in exactly the same way as other non - conforming residential uses. STL and amortization of non - conforming locations in the R -1 zone can (and should) be separately considered under Title 5 of the Code at a later date, based on facts relevant to that use. There is already a plan in place to do this some time soon. 4. Group Assembly in Commercial Zones: The Commission straw voted to prohibit group assembly uses of seven or more in the SP zones of Balboa Village, Cannery Square, and McFadden Square. This may be too limited a prohibition. By also prohibiting this use in the RSC zone, the commercial districts of Corona del Mar, Lido Marina Village and certain other areas of the City would be covered. This is important since those commercial areas abut or are in the overlay area. Based on a cursory review, it appears that this would not generate a significant number of non - conforming uses in the expanded RSC zone, so it shouldn't be a problem from a land use planning standpoint. Other Suggested Changes: The resident's group recommended a fairly extensive array of redline changes to the proposed ordinances. Some of the proposed changes may be obviously good changes furthering the intent of the proposed ordinances, and some of the changes may substantively break new ground. It is hoped that City staff and outside counsel have clear direction to review all the proposed changes to accept those that further the ordinance's intent, and to isolate those substantive changes that deserve further consideration by the Commission. This should help make the process from here on out more efficient for the Commission. 6. Other Issues: • The ordinances should be clear that lease agreements between group home operators and the residents they serve must be written (no oral agreements). This change should also be adopted in any ordinance revisions related to STL. This will make it much easier to sort out the operators of illegal boarding houses from legitimately authorized group home and STL uses. • Staff should clarify whether the failure to obtain a business license would be grounds to deem a particular use to be illegal, and thus subject to immediate abatement proceedings. If not, it may be worthwhile to reconsider the straw vote decision to not require mandatory registration of group home uses. Perhaps it would be better to require mandatory registration, but make it applicable to all uses covered by the use permit or reasonable accommodation processes, not just residential care group homes. • The map of group home facilities used at the Commission hearing grossly under- represented the number of such facilities on the Peninsula. Dave Kiff is working on a complete version of such a map. It is recommended that the more complete version be entered into the record at the next Commission meeting. • The ordinances should require that a facility serving persons with one or more disabilities (drug and alcohol, anorexia - bulimia, developmentally disabled, etc) receive the appropriate licensure from the applicable State agency for EACH treated disability. To: From: Date: Subject: Mayor and City Council City of Newport Beach Concerned Citizens of Newport Beach September 11, 2007 Hand- delivered to City Clerk OVERCONCENTRATION and LOCAL REGULATION OF "GROUP HOME" USES — CITIZENS' POSITION STATEMENT This position is hereby presented to the City Council and submitted to the record on behalf of the Concerned Citizens of Newport Beach, a coalition currently comprised of over 1,500 citizens. It has to do with the Overconcentration of Group Homes in the City of Newport Beach, which the City has created through complete, deliberate non - regulation of Group Homes Uses, specifically those related to various types of drug and alcohol residential care and treatment. The City currently has over 110 known "Group home" facilities which provide drug and alcohol care and treatment. (One group home business manager estimates the count to be 157.) Almost all of these facilities are located in a stretch of 1.5 miles, in coastal neighborhoods of the City: Balboa Peninsula, Lido Isle and village, and West Newport including Newport Heights, with several in Corona del Mar. This area is clearly impacted by this overconcentration. 2. This "Impacted Area" has distinct physical. development, and other environmental characteristics: dense, residential neighborhoods; lots close together with small building set- backs frequently not even sufficient for fire clearance; R1, 1.5, and 2 and special district uses are in close proximity and commingled. Therefore, the insertion of any intensified or incompatible use subjects these neighborhoods to high levels of adverse impact. Physical and health & safety impacts associated with Institutionalization particularly in these Impacted Areas, are more severe than in other types of areas: second hand smoke; parking problems; and continually occurring nuisances such as excess noise and vulgarity, group assemblies and loitering, garbage, etc. The overconcentration of this type of use also subjects the neighborhood to a social evolution attracting increased drug dealing and related crimes, with gang activity. 3. Citizens have registered repeated complaints with City officials and staff concerning the impacts associated with these Group Home businesses, particularly those located in the Impacted Area, for at least 4 -5 years. The City has consistently refused to take any action, including Use regulation, code enforcement, or otherwise, to provide relief to the citizens and manage the establishment of these institutional -type businesses in residential neighborhoods and surrounding special districts. 4. In 2004, City officials and staff developed and enacted municipal use definitions and ordinances which stripped the City of local foundation required to regulate this type of Group Home Uses. The ordinances were specifically crafted to facilitate the establishment and growth of these business and facilities in the attractive, residential coastal neighborhoods, referenced as the Impacted Area. NONE of the revisions were explicitly required by law; however, City representatives insisted that the revisions were "necessary to address non - discrimination requirements ". Summary of specific actions taken by the City, NOT required by law: a. No requirement for Business License: Group Homes can be required to register and obtain licenses as any other businesses, including 6- and -under Licenses, as are other businesses in homes. b. 6 and under Licensed and 6- and -under Unlicensed permitted "by right': 6- and -under Unlicensed are NOT "permitted by right'. The City can regulate these businesses as it believes appropriate. c. Facilities defined as "dwellings ": This contributed to the 6- and -under Loophole. The state provides for the definition as: "Any place, premise, site or building ". d. Residential care and treatment facilities — permitted in R 1.5 and R2: No legal requirement to allow in these zones. As it happens, there is a heavy concentration of lots zoned this way in coastal communities. Promotes heavy concentration in dense residential areas. e. Removal of CUP requirement from Residential Care facilities of 7 or greater: The CUP was not enforced by the City when it was required. By taking it away, major operators were able to establish "Hub" facilities. f. No enforcement of fire, health & safety, other local codes: In the name of "non- discrimination", the City willfully allowed intensification of use. No FEP process implemented on a single facility, because the City never Required it. 5. Between late 2004 and 2007, the number of Licensed facilities more than doubled. Now there are 24 (plus two pending) in the Impacted Area alone. Unlicensed "facilities" number over 80. There is currently no way to regulate the location, occupancy, or operational nature of these businesses. Overconcentration. Institutionalization is damaging to individual citizens, our residential neighbors, and the "disabled." 6. In the spirit of cooperation, since early 2007, citizens have spent OVER $100,000 of their own money and invested considerable time and effort, too, in support of the Public Interest, to help the City develop a legally justifiable set of revised Ordinances. This is not rocket science. Many cities have implemented local ordinances and are successfully regulating these uses. Citizens recommended a Moratorium through petition. The City did enact a Moratorium, but crafted it with significant loopholes which made it ineffective. During the period of the initial and extended Moratorium, now over 6 months, the City was to develop and enact revised Ordinances to regulate Group Home uses. 7. We are now approaching October, the end of the current Moratorium period. While a well thought out body of ordinances could readily have been completed months ago, including due process and proper review, the City has NOT afforded citizens or their representatives reasonable, equitable opportunity for Hearing, dialogue and discussion. We object to this stonewalling. The City, and specifically the City Attorney's office, has been obstructionist and has deliberately caused delay in the development and approval of the Ordinances, refusing to cooperate with citizens' representatives or to respond to the requests of City officials and the Planning Commission. Worse yet, the City Attorney and other senior staff continue to present a misleading framework of "what can and cannot legally be done" to confuse and complicate the process of ordinance and policy completion. THIS MISREPRESENTATION AND LACK OF COOPERATION NEEDS TO STOP. 8. Unlicensed standalone and integral facilities have continued to be established and expand during this period. The deliberate delays of the City have made it unlikely that revised Ordinances will be completed prior to expiration of current Moratorium period. MORATORIUM EXTENSION IS NOW REQUIRED. CITIZENS WILL ONLY ACCEPT A MORATORIUM IN LEIU OF ORDINANCES IF CRAFTED TO ELIMINATE LOOPHOLES. Citizens in the Impacted Area are subject to the Taking of their neighborhoods by the City. We insist that Ordinances to regulate Group Home Uses be immediately completed and implemented, and that the City take immediate measures to eliminate Overconcentration. The Damage to our residential neighborhoods caused by failure to regulate these uses, if not promptly addressed, is long -term, and potentially irreversible. THIS IS THE CITY'S RESPONSIBILITY. We respectfully insist that the City promptly Complete and implement revised ordinances to regulate Group Home Uses in the interests of its constituents and the community at large. This type of planning and controls is consistent with legal parameters and the City's General Plan. It is necessary to prevent the further erosion and destruction of the character of our coastal residential communities. Thank you. Message Alford, Patrick From: Robert C. Hawkins [rhawkins@earthlink.net] Sent: Wednesday, September 19, 2007 1:53 PM To: 'Denys Oberman'; 'Barry Eaton' Pagel of 3 Cc: 'Peotter, Scott'; 'Cole, Jeff; 'McDaniel Earl'; 'Toerge, Michael'; 'Brad Hillgren'; Vahn, Ginger; Lepo, David; Alford, Patrick; Harp, Aaron; 'Susan Eaton' Subject: RE: [Fwd: Follow up notes to Planning Dept re.Revised Ordinances] Greetings, Thank you for your comments on this important project. By this email, I am forwarding your comments to the Planning Department for inclusion in the administrative record on this project. Thanks again. RCH Robert C. Hawkins, Esq. (SBN 144906) Law Offices of Robert C. Hawkins 110 Newport Center Dr., Ste. 200 Newport Beach, California 92660 ph: 949 650 5550 fax: 949 650 1181 mobile: 949 500 1232 e -mail: rhawkinsCa,earthlink.net This e-mail message and any attachments are confidential and may be attorney- client privileged. If you are not the intended recipient, please notify the Law Offices of Robert C. Hawkins by telephone (949) 650 5550 or by e-mail at rhawkins @earth]ink.net, and destroy the original and all copies and/or versions of this message and any attachments. - - - -- Original Message--- - From: Denys Oberman [ mailto: d .oberman @obermanassociates.com] Sent: Wednesday, September 19, 2007 1:44 PM To: Robert C. Hawkins; Barry Eaton Cc: Peotter, Scott; Cole, Jeff; McDaniel Earl; Toerge, Michael; Brad Hillgren; Varin, Ginger; Lepo, David; Alford, Patrick; Harp. Aaron; Susan Eaton Subject: RE: [Fwd: Follow up notes to Planning Dept re.Revised Ordinances] Importance: High Thank you. Hopefully, you are reading the information and it will have some value. We DO appreciate your diligence in assuring that information and comments are properly entered into the City's records. We look forward to your assistance in getting ordinances completed and successfully implemented. Regards, Denys H. Oberman, CEO A OBERMAN -- - - - - - - Strategy AM Flhand st Advisors OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 09/19/2007 Message Irvine, CA 92612 Tel (949) 476 -0790 Cell(949)230 -5868 Fax (949) 752 -8935 Email: d Aberman!✓a obermanassociates.com Paget of 3 CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are rat the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491478.0790 or the electronic address above, to arrange for the return of the document(s) to us. From: Robert C. Hawkins [mailto:rhawkins @earthlink.net] Sent: Wednesday, September 19, 2007 1:35 PM To: 'Barry Eaton'; Denys Oberman Cc:'Peotter, Scott; 'Cole, JefF ;'McDaniel Earl';'roerge, Michael'; 'Brad Hillgren';'Varin, Gingee;'Lepo, David'; 'Alford, Patrick'; 'Harp. Aaron'; 'Susan Eaton' Subject: RE: [Fwd: Follow up notes to Planning Dept re.Revised Ordinances] Greetings, Thank you for your comments on this important project. By this email, I am forwarding your comments on this project to the Planning Department for inclusion in the administrative record on this project. Thanks again. RCH Robert C. Hawkins, Esq. (SBN 144906) Law Offices of Robert C. Hawkins 110 Newport Center Dr., Ste. 200 Newport Beach, California 92660 ph: 949 650 5550 fax: 949 650 1 181 mobile: 949 500 1232 e -mail: rhawkins@eatthlink,n..et This e-mail message and any attachments are confidential and may be attorney- client privileged. If you are not the intended recipient, please notify the Law Offices of Robert C. Hawkins by telephone (949) 650 5550 or by e-mail at rhawkins@earthlink.net, and destroy the original and all copies and/or versions of this message and any attachments. - - -- Original Message---- - From: Barry Eaton [mailto:eaton727 @earthlink.net] Sent: Tuesday, September 18, 2007 4 :10 PM To: Hawkins Robert Cc: Peotter, Scott; Eaton, Barry; Cole, Jeff; McDaniel Earl; Toerge, Michael; Brad Hlllgren; Varin, Ginger; Lepo, David; Alford, Patrick; Harp. Aaron; Susan Eaton Subject: [Fwd: Follow up notes to Planning Dept re.Revised Ordinances] Bob - Denys is asking that this be put into the record. You might want to send your usual email to Ginger...... Barry -- - - - - -- Original Message -- - - - - -- Subject:Follow up notes to Planning Dept re.Revised Ordinances Date:Tue, 18 Sep 2007 14:37:05 -0400 From:DenysOberman!5 o erman@obertnanassociates.com> To: <eaton727L earthlink.net>, "Michael Tidus" <MTidus a jdtplaw_com >, "Alene 09/19/2007 Message Taber" <ATaber tdtplaw.com> Page3 of 3 Barry- Regarding your comments, insightful as usual: 1. Narcanon is not the only residential treatment facilitiy in the 9th -18th St. stretch. There are also two other businesses: Newport Coast Recovery LLC,Ocean Recovery LLC(each of these has multiple facilities in th 11th and 12th St. blocks. 2. Regarding abatement and the "Nondiscrimination" issue: There is a Mitigation and remedial requirement due to the Overconcentration which must be addressed. Institutionalization impacts both the disabled and the community. The City should have properly managed the uses: prior to 04, when it deliberately ignored the legitimate code requirements for CUPS, and subsequent to 04, when ALL regulation of group residential care and treatment uses(except congregate care) was eliminated from the ordinances, and uses were misclassified. The one regulation in place was the "FEP ": and that was never implemented. As these businesses were never required to have business licenses /register with the City, and the City never initiated review, there was no reason for the businesses to request this... Please enter these comments in "the record ". We appreciate your assistance. Regards, Denys H. Oberman, CEO OBERMAN Strategy and AnancIN ACvhors OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel(949)476 -0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Email: d.oberman@obermanasso—ciates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491476.0790 or the electronic address above, to arrange for the return of the documents) to us. 09/19/2007 Pagel of 1 Alford, Patrick From: Lepo, David Sent: Thursday, September 20, 2007 3:25 PM To: Afford, Patrick Cc: Vahn, Ginger Subject: FW: Group Homes David Lepo, Director Planning Department City of Newport Beach (949) 644 -3228 w (949) 644 -3229 f From: Mike Henn [maflto:mfhenn @verizon.net] Sent: Thursday, September 20, 2007 3:13 PM To: Lepo, David; Robert Hawkins Subject: FW: Group Homes More citizen input for the record. Mike From: Krrtnoonan @aol.com Date: Thu, 20 Sep 2007 17:26:53 -0400 Subject: Group Homes To. Parandigm @aol.com; mhenn527 @hotmail.com; don2webb @earthlink.net; Lesliejdaigle @aol.com; edselich @adelphia.net; Gardnerncy @aol.com; curryk @pfm.com Newport Beach Planning Commission and Newport Beach City Council: This is a request that the group home restriction issue be dealt with in an expidited manner. These homes are straight forward business ventures for profit. They should be regulated as any other business and not be located in residential neighborhoods. Therefore, we support a regulation that these group homes all be licensed, be 1000 feet apart, 1000 feet from schools, parks and places that sell alcoholic beverages. The over concentration of group homes in this area (Newport Beach) is a major issue for our community. Regards, Karen and Richard Noonan 432 Dahlia Ave. Corona del Mar See what's new at AOL.com and Make AOL Your Homeoage. Make your little one a shining star! Shine. on! 09/20/2007 PLANNING DEPARTMENT CITY HALL 3300 NEWPORT BOULEVARD P. O. BOX 1768 NEWPORT BEACH, CALIFORNIA 92658 -8915 Memorandum To: Planning Commission From: Patrick J. Afford, Senior Planner (949) 644 -3235 palfordCo)city. newport- beach. ca. us Date: September 28, 2007 Re: Residential Uses Code Amendment (PA 2007 -112) Staff has prepared an underline /strikeout version of Resolution No. 1731 for Code Amendment No. 2007 -005 to show the changes made to the draft submitted to the Planning Commission for the September 20, 2007 meeting. Pages from Exhibits A, D, and E that contain changes are also included. RESOLUTION NO. AM A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE ADOPTION OF CODE AMENDMENT NO. 2007 -005 AMENDING TITLE 20 OF THE MUNICIPAL CODE TO REVISE DEFINITIONS, LAND USE CLASSIFICATIONS, AND REGULATIONS RELATING TO GROUP OCCUPANCIES, TO CERTAIN ASSEMBLY USES IN WEST NEWPORT AND BALBOA PENINSULA COMMERCIAL DISTRICTS, AND TO USE PERMITS AND AMORTIZATION PROVISIONS FOR ALL USES IN RESIDENTIAL DISTRICTS (PA 2007 -112) 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 definitions, land use classifications, and regulations relating to group occupancies and short term Iedginq% 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. After consideration of testimony and documentation provided the Planning Commission continued the public hearing with directions for further action; and WHEREAS, continued public hearings were held on August 23, 2007 and on September 20, 2007 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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 City of Newport Beach Planning Commission Resolution No. Page 2 of 8 with the recognition that Newport Beach is primarily a residential community." 2. The City has received evidence of increasing numbers of residential care faG�liti� igreup heroes 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 paroleelprobationer 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 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 City's Zoning Code 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. In the R -1.5, R -2, and MFR Districts near the beach, where residential care fa cilitiesgreup4xmies are clustered, most properties are narrow, not more than 30 feet wide, with buildings set back only three feet from the property line, resulting in neighboring windows less than six feet away from each other. Only one arterial roadway, Balboa Blvd., exists in the area. Other roads are only 30 feet wide, with alleys as narrow as 10 feet across. Because of these crowded conditions, and to implement the City's Land Use Element and to maintain the character of residential neighborhoods, the City does not permit group residential 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 and create impacts on residential neighborhoods from single housekeeping units. City of Newport Beach Planning Commission Resolution No. Paae 3 of 8 6. To provide disabled persons with an equal opportunity to use and enjoy a home in the City's residential zoning districts, and in recognition of the services that 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. The State of California requires that residential care facilities licensed to serve six or fewer persons must be treated as a single family home for all local zoning purposes, and the City does currently treat, and proposes to continue to treat, these facilities as single family homes. 8. The City has received evidence that, in several instances, two or more residential care facilities, which may each be licensed to serve six or fewer persons, or which may be unlicensed, may in fact be operating in duplexes and apartments in the same building or place 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 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 persons who are not residing in the dwelling unit, 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 and unlicensed residential care facilities are in fact serving no more than six persons. 9. The City's existing Zoning Code permits unlicensed residential care facilities serving six or fewer disabled persons to be located in residential districts. Citizens have reported an increasing number of unlicensed alcohol and drug recovery facilities located in the City; at least 18 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. State law requires a license for any facility providing a service designed to promote treatment and maintain recovery from alcohol or drug problems and may include any one of the following: detoxification, group sessions, City of Newport Beach Planning Commission Resolution No. Page 4 of 8 individual sessions, educational sessions, and/or alcoholism or drug abuse recovery or treatment planning (9 CCR Section 10501(5)). Many facilities appear to be advertising such services but do not have a license. 10. 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, fighting, and loud offensive language. 11. The City desires to maintain zoning provisions benefiting disabled persons by allowing disabled persons to live in residential districts in residential care acilities group es, while forbidding all other group homes in residential districts, but desires to ensure that the uses are consistent with the residential character of neighborhoods and are not detrimental to the public health and safety. The City further desires to ensure 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. To achieve these purposes, all new unlicensed residential care facilities--,— homes in residential neighborhoods must obtain a use permit. Further, larger residential care facilitiesgreup — homes are limited to multifamily neighborhoods, whereas small residential care facilitipagreup hernes are also permitted in R -1.5 and R -2 neighborhoods. 12. To 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 alter the purpose of the City's adopted policies. 13. In accordance with its policy of providing disabled persons with 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. It is the policy of the state that each city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need. (California Health & Safety Code Section 11834.20.) Analysis by the City demonstrates that, based on the 2003 -2004 National Survey on Drug Use and Health, the City has approximately twice the licensed bed days needed City of Newport Beach Planning Commission Resolution No. _ Paae 5 of 8 on an annual basis. Consistent with the policy of the State, the local need for alcoholism and drug ab se recovery and treatment services has been met in Newport Beach. 14. The loss of residential characteristics of a neighborhood in which residential serving the disabled cluster has an adverse effect on the welfare of the individuals receiving services from the facility and defeats the purpose of community -based recovery. The American Planning Association's Policy Guide on Community Residences, which supports community residences, states that community residences should be scattered throughout re3idential districts rather than being concentrated on any single block or in any single neighborhood. If several residential care gFoup homes locate next to one another, or are placed on the same block, the ability of tho residential care facilitiesg:ouY ,homes- to achieve normalization and co munity integration would be compromised. The existing social structure of a neighborhood can accommodate no more than one or two residential are facilitiesgreup hoFnes on a single block. The Departments of Justice and Housing Urban Development have stated that a neighborhood composed largely of residential care facilitiesgreup hernes could adversely affect individuals with disabilities and would be inconsistent with the objective of integrating persons with disabilities into the community. The California Research Bureau similarly found that facilities should be scattered throughout residential districts, and facilities so densely clustered as to recreate an institutional environment would defeat the purpose of community -based care. 15. The City's Zoning Cod permits a variety of conditional uses in addition to Eesid-Wial gare facilitleagFeup hemes in residential neighborhoods. These include government offi es, clubs and lodges, religious assembly, schools, nurseries, and bed aO breakfast inns. The City's Zoning Code does not prevent overconcentratibn of these uses in residential neighborhoods. To preserve the character cif the City's residential neighborhoods and to ensure that residential care facilities gFeup heroes are located in neighborhoods where normalization a d community integration are possible, the City desires to adopt policie;Iimiting the overconcentration of all conditional uses in residential neighborhoods and to require greateFseparation of conditional uses of 1.000 feet in residential areas characterized by nonstandard subdivisions, substandard lot widths and areas, minimal setbacks, and narrow streets and alleys. The City also desires to adopt speck criteria for the approval of such uses relating to traffic, parking, hours of operation, etc. to ensure that they doh not cause adverse effects on nearby residents. Existing uses not conforming to the provisions in the amended Zonina Code e ng ^~'inane^ shall be required to comply with the amended ordinance within approximately two years to ensure that the City's goals in adopting these provisions are me I. City of Newport Beach Planning Commission Resolution No. Page 6 of 8 16. 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. 17. Convalescent homes, hospitals, and SRO residential hotels 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. 18. Services involving group assembly of seven or more persons, including clubs and lodges and such uses as youth and senior centers, particularly if they are operating in retail storefronts, are incompatible with the West Newport and Balboa Peninsula's commercial areas, which are intended to serve as pedestrian - oriented villages with a mixture of retail, visitor - serving, and marine - oriented commercial uses. 19. 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. 20. 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. 21. On May 30, 2007, the City Council adopted Ordinance No. 2007 -10, extending the moratorium for a period of five months. 22. The code amendment is not is not subject to the California Environmental Quality Act (CEQA) because: A. The proposed code amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(cX2) of the CEQA Guidelines). B. The proposed code amendment modifies the procedures for review of conditional uses in residential areas and establishes standards for granting a reasonable accommodation, as required by the Fair Housing Act. The code amendment also establishes specific City of Newport Beach Planning Commission Resolution No. Paqe 7 of 8 conditions related to the operation of small unlicensed residential care facilities , requires use permits for all unlicensed residential care facilities, and limits certain conditional uses in residential zoning districts. The code amendment also limits land uses involving group assembly in some commercial districts. None of these restrictions change the physical limitations applicable to properties (such as height, setback, etc.) nor do they expand the uses permitted in any zoning district. Rather, they are designed to apply standards to certain uses to ensure that they will not cause significant physical impacts. While a request for a reasonable accommodation could conceivably involve a physical change to the environment, the location and type of requests that will be made are not reasonably foreseeable, and the ordinance provides that any such request that involves a physical change must be accompanied by an application for a discretionary permit if otherwise required, allowing the environmental effects of the request to be reviewed. In addition, the federal Fair Housing Act currently requires that the City consider requests for reasonable accommodation, so that the addition of this chapter to the Zoning Code merely establishes procedures for the required review. C. The code amendment is covered by the general rule that CEOA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) 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, C, D, and E. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council and Special Counsel further investigate the following 1. A procedure through which existing conditional uses in residential districts that are nonconforming due to the lack of use permit and that do not meet the minimum separation requirements can be abated- it. 1 . r. facilities @nd services I . . 1 . . . 11 h" definition of - 70 City of Newport Beach Planning Commission Resolution No. Paae 8 of 8 PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF SEPTEMBER 2007. BY: Robert Hawkins, Chairman Bradley Hillgren, Secretary AYES: Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer; or D) any individual who has been convicted of a felony, sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction of any federal, state, or County parole or probation officer. For the purposes of this paragraph, "felony" means a felony as defined by any California or United States statute. F. Residential Care Facilities, General. Any place, site or building, or groups of places, sites or buildings, including integral facilities (as defined in Section 20.03.030), licensed or nonlicensed, in which seven or more individuals with a disability reside who are not living together as a single housekeeping unit and who have agreed to reside in the facility for 31 days or more, and in which every person residing in the facility, excluding any licensee, members of the licensee's family, or persons employed as facility staff, is an individual with a disability. Facilities with nersopsse iding in the facilitv_who have not agreed to_reside in the facility forLdays or more excluding anv licensee members of the licensees Latnily or p-Orsons emnloved as facility staff shall he classified as a Boarding_ or Roomer House. G. 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 purposes. 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 residential care facilities, general.) H. Residential Care Facilities, Small Nonlicensed. Any place, site or building, or groups of places, sites or buildings, which is not licensed by the State of California and is not required by law to be licensed by the State, in which six or fewer individuals with a disability reside who are not living together as a single housekeeping unit and who have agreed to reside in the facility for 31 days or more, and in which every person residing in the facility, excluding persons employed as facility staff, is an individual with a disability. This classification does not include nonlicensed facilities that serve six or fewer persons with a disability if such facilities operate as part of integral facilities, as defined in Section 20.03.030, when such integral facilities serve seven or more persons with a disability (in such circumstances, the integral facilities are classified as residential care facilities, general). Facilities with persons re idin in the facility o have not agreed to reside in the facility for 31 days or more- excludine anv 5 2007 -09 -20 PC - Exhibit A IM 1 1 -1 . 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. 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. Section 20.05.030 Public Semi - Public Land Use Classifications [NOTE: The definition of Residential Care, General, now in this section is eliminated] 6 2007 -09 -20 PC - Exhibit A Page 20.62 -2 Nonconforming Structures and Uses 20.62.020 Applicability Uses, buildings, structures or lots that become nonconforming due to reclassification, ordinance changes, or annexations may be continued, subject to the provisions of this chapter. 20.62.030 Determination of Nonconformity A. The Planning Director shall determine the nonconformity of any use, building, struc- ture, or lot. B. Any use found to have been lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City, shall be deemed to be a nonconforming use. A nonconforming use includes a use that was lawfully established and maintained but is conditionally permitted in the district and has not obtained a use permit. A use shall not be considered to have been "lawfully established and maintained" and is an illegal use if it was established or operated without required permits and licenses, including but not limited to permits and licenses required by any federal, state, or local government agency. C. Any structure or building that was lawfully erected, but which does not conform with the property development regulations prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City, shall be deemed to be a legal nonconforming structure. A building or structure shall not be considered to have been "lawfully erected" and is an illegal structure if it was constructed without required permits, including but not limited to permits required by any federal, state, or local government agency. D. When a use or structure does not conform with the use regulations or required conditions for the district in which it is located, the property owner or person asserting that it is a nonconforming use or a nonconforming structure has the burden to provide sufficient documentation to the Planning Director that the use or structure was lawfully established, maintained, and erected and is nonconforming by reason of adoption or amendment of this code or by reason of annexation of territory to the City. E. A use or structure that was not lawfully established, maintained, or erected is contrary to the provisions of this code and the City shaLlmay commence an action or proceedings for the abatement and removal of the use or structure pursuant to the provisions of Chapter 20.96. 2007 -09 -20 PC — Exhibit D Page 20.91 A -1 Use Permits in Residential Zones CHAPTER 20.91A USE PERMITS IN RESIDENTIAL DISTRICTS Sections: 20.91A.010 Purpose 20.91A.020 Application Contents 20.91A.030 Development and Operational Regulations 20.91A.040 Required Findings 20.91A.010 Specific Purposes The specific purposes of this chapter are: A. To promote the public health, safety, and welfare and to implement the goals and policies of the Newport Beach General Plan by ensuring that conditional uses in residential neighborhoods do not change the character of such neighborhoods as primarily residential communities. B. To protect residential neighborhoods with nonstandard subdivisions, areas with substandard lot widths and areas, minimal setbacks, and narrow streets and alleys, from an overconcentration of conditional uses that have greater impacts on residential areas with nonstandard development patterns and which have greater impacts than those envisioned at the time of the original subdivision and development. C. To protect and further the recovery and integration of the disabled, including those receiving treatment and counseling in connection with dependency recovery. the City seeks to avoid and to ameliorate overconcentration of residential care facilities so that such facilities are dispersed throughout the community and are not congre ate�d or overconcentrated in any particular area. 20.91A.020 Application Contents In addition to the application requirements contained in Chapter 20.90, Application Filing and Fees, an application for a use permit in a Residential District (Chapter 20.10), or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, shall be accompanied by the following information and plans: A. Required Information. 2007 -09 -20 PC - Exhibit E Page 20.91A -2 Use Permits in Residential Zones Facility Users. Number and types of users of the facility (including staff, clients, visitors, students, etc., as appropriate). 2. Operational Characteristics. Hours of operation, types of activities, and typical attendance at activities. 2. Transportation and Parkin ¢. Availability of public transportation; expected parking demand and vehicular use, including bicycles and other non- motorized vehicles; means used to transport facility users; and probably routes used on a regular basis to off -site facilities, including those outside the City of Newport Beach. B. Required Plans. Location map showing all conditional uses within three blocks, including property addresses; site plan showing uses and structures on adjacent parcels. C. Operations and Management Plan. Operations and management plan to ensure compliance with state and local law; and rules of conduct for all users of the site. If the use permit is for a residential facility, such as a residential care facility or a bed and breakfast inn, also indicate the number of residents per bedroom, maximum number of occupants, typical length of stay, and any guest or client rules of conduct. 20.91A.030 Development and Operational Regulations A. Separation of Conditional Uses. To preserve the character of residential neighborhoods, no conditional use shall be located within 75 feet of another conditional use, measured from the exterior property lines of both uses, except that, within the area included in the Nonstandard Subdivision Map (incorporated herein as Map 20.91A), no conditional uses shall be located within 1000389 feet of another conditional use, measured from the exterior property lines of both uses. 2. The provisions of this Paragraph A shall not apply to the approval of a use permit for an existing nonconforming use which is nonconforming only by lack of a use permit. B. Maximum Occupancy. There may be no more than 2 residents per bedroom, plus 1 additional resident. C. Outdoor Smoking. No staff, clients, guests, or any other users of the site may smoke in an outdoor area within 15 feet of the property lines of the site. D. Management and Operation. The property shall be operated in compliance with 2007 -09 -20 PC — Exhibit E