HomeMy WebLinkAboutGroup Homes-Residnetial Zones (PA2004-102)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
June 17, 2004
TO: CHAIR AND MEMBERS OF THE PLANNING COMMISSION
FROM: Robert Burnham, City Attorney
644 -3131, rburnhamAcity .newport- beach.ca.us
SUBJECT: Zoning Amendment/Recovery Facilities
ISSUE:
Should the Planning Commission approve amendments to the Zoning Code (Exhibit A)
that preserve the character of residential neighborhoods in a manner consistent with
State and Federal statutory/decisional law related to the regulation of recovery facilities?
RECOMMENDATION:
Staff recommends that the Planning Commission approve, and file a report with the City
Council of its findings and recommendations, proposed amendments to the Zoning
Code that ensure preservation of the unique character of our residential neighborhoods
to the maximum extent permitted by State and Federal statutory and decisional law.
BACKGROUND:
On February 24- 2004, the City Council initiated amendments to the Zoning Code
relating to the regulation of group living arrangements in residential districts." On May
20, 2004, the Planning Commission conducted a noticed public hearing relative to
proposed amendments to various provisions of the Zoning Code. Group living
arrangements can be divided into several categories. Because the Ordinance
specifically recognizes those types of group living arrangements protected by the FHAA,
both the Ordinance and this memo use the phrase 'Residential Care Facility" to apply to
all group living arrangements involving handicapped persons such as individuals with
eating disorders, and persons who because of their age, medical condition or other
reason qualify as handicapped under the Act. One subset of this group is "recovery
facilities" which refers to dwelling units housing persons who are abstinent in recovery.
Based on research conducted to date, special counsel and staff believe the following is
an accurate summary of the statutory and decisional law that is most relevant to the
regulation of recovery facilities:
However, this ordinance applies to all group living arrangements involving handicapped
persons such as individuals with eating disorders and persons who because of their age
or medical condition qualify as handicapped under the Act. Based on research
conducted to date, special counsel and staff believe the. following is an accurate
summary of the statutory and decisional law that is most relevant to the regulation of
recovery facilities:
1. Under State law State - licensed drug or alcohol treatment facilities serving six or
fewer occupants are considered single family residential uses. State law also preempts
local ordinances imposing special building, fire safety, fee or permit requirements on
State - licensed drug or alcohol treatment facilities serving six or fewer occupants.
According to State law, the number of occupants does not include the State licensee,
members of the licensee's family, or persons employed at the facility.
2. The Fair Housing Act Amendments of 1988 (FHAA) prevents the City's from
adopting or enforcing zoning ordinances that impact recovery facilities for handicapped
individuals differently than non - handicapped residential uses in the same zone unless the
City: (a) can prove the ordinance is necessary to further a legitimate governmental
interest; and (b) reasonably accommodates handicapped individuals /uses by waiving
enforcement unless we can prove that a waiver would impose an undue burden on the
City and undermine the basic purpose of the ordinance. Moreover, under the FHAA
persons in recovery but abstinent are "handicapped."
3. The FHAA and related case law _prohibits the City from, among other things,
establishing a "one person per bedroom room° requirement for recovery facilities,
imposing distance requirements between recovery facilities, and or preventing "for -
profit" entities from establishing or operating recovery facilities.
4. State law prevents the City from establishing occupancy standards that differ
form the Uniform Housing Code.
5. The provisions of State law relative to the treatment of State - licensed recovery
facilities serving six or fewer occupants and the provisions of the FHAA that prohibit
discrimination combine to prevent the City from treating unlicensed recovery facilities
differently than State- licensed recovery facilities.
PLANNING COMMISSION MEETING OF MAY 20.2004
At the Planning Commission meeting on May 2&, staff and special counsel presented
the proposed Zoning Code amendments that were drafted in an effort to preserve the
unique character of our diverse residential neighborhood in a manner consistent with
State and Federal statutory and decisional law. The amendments presented on May
20, 2004 can be summarized as follows:
1. Certain definitions, such as "single family dwelling" and "family", are modified and
the term "single housekeeping unit" is added in response to case law.
2. Certain "Residential Use Classifications" are modified to more closely conform to
law and the term "Residential Care, General" is added. (20.05.030)
a
3. To address the provisions of the FHAA, a "Reasonable Accommodation" process
is added to provide a mechanism for persons to request, and for the City to evaluate
and approve when appropriate, a "Reasonable Accommodation." This process
involves an application for a Reasonable Accommodation with certain findings required
to approve accommodation. (Section 20.91.020.)
4. The matrix of permitted land uses in Residential Districts is modified to permit
"Residential Care, Limited" (recovery facilities with six or fewer occupants per dwelling
unit) in all Districts. The matrix is also been modified to require a "Reasonable
Accommodation" for "Residential Care, General" (recovery facilities with seven or more
occupants per dwelling unit) uses in all residential zones with the exception of the R -A
and R -1 zones, and to prohibit Residential Care, General" in R -1 and R -A zones.
(20.10.020)
During the public hearing on May 20"', members of the Planning Commission and the
public commented on, and asked staff and special counsel to evaluate, a number of
issues. The issues include (a) why special counsel and staff are proposing
amendments that allow recovery facilities with seven or more occupants per dwelling
unit in the R1.5 and R -2 zones with a reasonable accommodation; (b) the extent of the
City's ability to consider parcel size as a factor in the zones in which recovery facilities
are located and /or the reasonable accommodation determination; (c) the factors —
including impact on the neighborhood - the City could or should consider in granting a
reasonable accommodation; (d) the extent of the City's ability to adopt and apply special
parking standards to recovery facilities; (e) whether the Planning Director or the
Planning Commission should make the initial determination on a reasonable
accommodation; (e) the City's ability, if any, to establish limits on the number of
recovery facilities in a particular neighborhood or geographic area; and (f) the manner in
which neighboring communities are dealing with recovery facilities.
PLANNING COMMISSION MEETING OF JUNE 17, 2004
Staff and special counsel have conducted some additional research, we have met with
interested parties and are proposing some additional amendments to the Zoning Code
and the ordinance presented on May 20, 2004. The first major change in the proposed
ordinance is the addition of a definition of "campus" to mean three or more buildings
being used together for a common purpose where one of the buildings provides a
service for the users of all buildings..." We have added this definition because, in
another proposed modification, the creation of a "campus" is grounds for denying a
Federal Exception Permit (the term that replaces "Reasonable Accommodation "). The
second major change establishes the Planning Commission — rather than the Planning
Director - as the initial decision maker on an application for a Federal Exception Permit.
Finally, we are proposing to change "Reasonable Accommodation" to "Federal
Exception Permit" and to expand the factors that the Planning Commission could
consider in deciding whether to grant or deny the Federal Exception Permit. The
proposed ordinance, which reflects only the changes to the ordinance presented on
May 20, 2004, is attached as Exhibit A.
3
Staff and special counsel have proposed disallowing group living facilities in all
residential zones of the City, with the exception of Residential Care Facilities which
include recovery facilities. Staff and special counsel propose allowing these uses in the
R -1.5 and R -2 zones (in the case of facilities with 7 or more persons only if they first
obtain a Federal Exemption Permit) because of the historic land use patterns in those
areas. According to the Planning Department, the R -1.5 and R -2 zones have a
relatively high percentage of renters and numerous dwelling units that are offered as
vacation rentals during the summer and to college students during the winter. The R-
1.5 and R -2 zones are characterized by relatively small lots. This type of land use and
occupancy pattern — as well as related neighborhood character - is difficult, but not
impossible, to distinguish from the occupancy patterns of recovery facilities and we
don't believe that parcel size is a valid basis for differentiation of uses. Staff and special
counsel are of the opinion that allowing recovery facilities serving 7 or more occupants
in the R 1 -5 and R -2 zones subject to the approval of a Federal Exception Permit is
consistent with the goal of establishing a regulatory scheme that complies with statutory
and decisional law and protects the residential character of the neighborhood.
Staff and special counsel are also skeptical of the City's ability to establish special
development standards — such as increased parking requirements - for recovery
facilities that are not equally applicable to other residential uses. We are aware of no
factual basis that would support the contention that recovery facilities — other than
situations involving a "Campus" - have a greater impact on parking than other
residential uses. However, there is evidence that suggests that the creation of a
"campus" of recovery facilities in an area can increase the volume of traffic and the
number of large commercial vehicles entering and leaving the area — so we have
incorporated those considerations into the Federal Exception Permit process. We have
previously offered the opinion, based on legal research, that the City does not have the
authority to regulate the number of recovery facilities in a given area or require that
recovery facilities be separated by a specific distance. Finally, special counsel has
prepared a matrix of the recovery facility regulations adopted by neighboring
jurisdictions (Exhibit B).
The proposed amendments are exempt from CEQA pursuant to Section 15305 (Minor
Alterations in Land Use Limitations) of the CEQA Guidelines.
Subm'
Robert Burnham, City Attorney
q
DRAFT ORDINANCE NO. _
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH, CALIFORNIA
AMENDING SECTIONS 20.03.030, 20.05.030, 20.05.040, 20.10.010 20.10.020 and Chapter
20.91 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ALL
CATEGORIES OF GROUP LIVING
WHEREAS, the City has adopted regulations on different types of group living
arrangements at various times throughout the City's history; and
WHEREAS, the existing regulations on group living are confusing and in need of
refinement; and
WHEREAS, in light of the Fair Housing Act Amendments, 42 U.S.C. § 3601, et seq.
(the "Act "), the City desires to codify its process for providing Federal Exception Permits when
appropriate under the Act;
NOW, THEREFORE, the City Council of the City of Newport Beach hereby ordains as
follows:
SECTION 1. The following definitions contained in Section 20.03.030 of the Newport
Beach Municipal Code are hereby amended to read as follows:
"Campus" means three or more buildings being used together
for a common purpose where one of the buildings provides a
service for the users of all the buildings such as when one building
serves as the office for administration of the several buildings or
where one building serves as a kitchen or food service area for the
users of the several buildings.
"Dwelling, multifamily" means a building containing three or
more dwelling units, each of which is for occupancy by one
family.
"Dwelling, single - family" means a building containing one
dwelling unit for occupancy by one family.
"Dwelling, two family" means a building containing two
dwelling units, each of which is for occupancy by a one family.
"Family" means one or more persons living as a Single
Housekeeping Unit. The term "Family" shall include residential
care, limited facilities for six or fewer mentally disabled, mentally
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disordered or otherwise handicapped persons, but no other living
group not living together as a single housekeeping unit.
"Single Housekeeping Unit" means the functional equivalent
of a traditional family, whose members are a non - transient,
interactive group of persons jointly occupying a single dwelling
unit, including the joint use of common areas and sharing
household activities and responsibilities such as meals, chores, and
expenses.
SECTION 2. The following definitions contained in Section 20.05.030 of the Newport
Beach Municipal Code are hereby amended to read in their entirety as follows:
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"Day -Care, Limited" means non - residential, non - medical care
and supervision of twelve (12) 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.
"Group residential" means shared living quarters without
separate kitchen or bathroom facilities for each room or unit. This
classification includes boarding houses, dormitories, fraternities,
sororities, and private residential clubs, but excludes Residential
Care - Limited, Residential Care- General, and residential hotels (see
Single -Room Occupancy (SRO) Residential Hotels, Section
20.05.050(EE)(4)).
"Residential Care- Limited" means shared living quarters
without separate kitchen or bathroom facilities for each room or
unit for six or fewer persons with physical or mental impairments
which substantially limit one or more of such person's major life
activities. This classification also includes, but is not limited to
group homes, sober living environments, recovery facilities, and
establishments providing non - medical care for persons in need of
personal services, supervision, protection, or assistance essential
for sustaining the activities of daily living.
"Residential Care, General" means shared living quarters
without separate kitchen or bathroom facilities for each room or
unit for seven or more persons with physical or mental
impairments which substantially limit one or more of such
person's major life activities. This classification includes but is
not limited to group homes, sober living environments, recovery
facilities and establishments providing non - medical care for
persons in need of personal services, supervision, protection or
assistance essential for sustaining the activities of daily living.
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"Single - Family Residential" means buildings containing one
dwelling unit located on a single lot for occupancy by one family.
This classification includes mobile home and factory built housing.
"Two- Family Residential" means buildings containing two
dwelling units located on a single lot, each unit limited to
occupancy by a single family. This classification includes mobile
home and factory built housing.
SECTION 3. The definition of "Residential Care, General" contained in Section
20.05.040 of the Newport Beach Municipal Code is hereby amended to read in its entirety as
follows:
"Residential Care, General" means shared living quarters
without separate kitchen or bathroom facilities for each room or
unit for seven or more persons with physical or mental
impairments which substantially limit one or more of such
person's major life activities. This classification includes but is
not limited to group homes, sober living environments, recovery
facilities and establishments providing non - medical care for
persons in need of personal services, supervision, protection or
assistance essential for sustaining the activities of daily living.
SECTION 4. Subsection Hof Section 20.10.010 of the Newport Beach Municipal Code
is hereby amended to read in its entirety as follows:
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H. Provide public services and facilities to accommodate
planned population and densities.
The specific residential districts and their purposes are as
follows:
Residential- Agricultural (R -A) District. Provides areas for
single - family residential and light farming uses.
Single- Family Residential (R -1) District. This is the City's
most restrictive residential zoning district, established to provide
for a stable, social neighborhood for single - family residential land
uses by limiting occupancy to one family.
Restricted Two Family Residential (R -1.5) District. Provides
areas for single - family and two family residential land uses with
the total gross floor area of all buildings limited to a maximum
floor area ratio of 1.5 times the buildable area.
Two Family Residential (R -2) District. Provides areas for
single - family and two family residential land uses.
-3-
1
Multifamily Residential (MFR) District. Provides areas for
single - family, two - family, and multiple family residential land
uses.
SECTION 5. Section 20.10.020 of the Newport Beach Municipal Code is hereby
amended to read in its entirety as follows:
20.10.020 Residential Districts: Land Use Regulations.
The following schedule establishes the land uses defined in Chapter 20.05 as
permitted or conditionally permitted in residential districts, and includes special
requirements, if any, applicable to specific uses. The letter "P" designates use
classifications permitted in residential districts. The letter "L" designates use
classifications subject to certain limitations prescribed under the "Additional Use
Regulations" which follows. The letters "UP" designate use classifications permitted on
approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate use
classifications permitted on approval of a use permit issued by the Planning Director, as
provided in Chapter 20.91. The letters "P/UP" designate use classifications which are
permitted when located on the site of another permitted use, but which require a use permit
when located on the site of a conditional use. The letters RA designates use classifications
for which a Federal Exception Permit must first be obtained pursuant to Chapter 20.91.
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
(j L = Limited (see Additional Use Regulations)
FEP = Federal Exception Permit
Not Permitted
R -A R -I R -1.5 R -2 MFR Additional
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RESIDENTIAL
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(A), (B), (C)
Day -Care Limited
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Group Residential�{��
Residential Care, Limited
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,
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lipgle-family esidennal Care, General
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FEP
FEP
Residential
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(D), (E) (M) _. -. -.
Multifamily Residential
P
Two - Family Residential
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(D)
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PUBLIC AND SEMI- PUBLIC IE_-
=E=-E=E=L---J(EA),
(B), =(C)'
[��emeteries
EL- =1
gi1 =
L-1
[Clubs and Lodges
--- =Ef:—L
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[L 2 —1E
L =2[1�
-2
lConvalescent Facilities
F
--- - -------
Day -Care, General
UP 7
[(jo�verninent�Offices
Hospitals _
ff =
P�=
Park and Facilities
UP
UP UP
UP
UP
Public Safety Facilities
Religious Assembly P
IT
ISchools, Public IF
. ------ - ---
... . ..... ... . ..........
-- ---- --- - --------- - - --------
Utilities, Major
Utilities, Minor ===K=im
=
----JE=E=[---=E-=E:=L-
COMMERCIAL .USES,-----
(C)
-- - --------
Horticulture,
lVehicle/Equipment Sales and I
Commercial Parkin gFacility ''
=L-jJK
3=
is#?rAccommod Accommodations i
(V- --- --- ------ i . .... . ---
-
--
----- -----
.L-Bed and Breakfast Inns
-SRO Residential Hotels E -= 1--7=
P -= E= RY=
AGRICULTUR AT, AND - -I.
EXTR4CTIVE
–USES —I
(A), (B), (C)
Animal husbandry 11PD/ 'F',tF--
IF- IF-
Production
uz and Proc
PRY USES
Structures and Uses
IRARY USES
ilCircuses and Carnivals i ip
lip lip lip 11 p Jl(K) ii
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Commercial Filming, Limit�LL P
IF P (K)
Personal Property Sales �� P ; ®���F'
� (L) +�
Heliports, Temporary
Real Estate Offices Temporary _3 EL
Estate _ -.P.. ._.... .. ._ . ..
............ ....__..... -.._.-
Residential Districts: Additional Land Use Regulations
L -1: Twenty (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
I . 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 20.60.110, 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 20.03.030)
shall be subject to the following regulations:
a. Horses. One horse may be kept for each ten thousand (10,000) square feet
of lot area, up to a maximum of three horses; provided, the horse or horses are kept for recreational
purposes only. The keeping of four 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 fifteen thousand (15,000) square feet or more and the number shall not
exceed two adult animals of any one species.
C. Total Number Permitted. The total number of large animals shall not
exceed six. 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 six. Offspring are exempt up to the age of three months. The
keeping of four or more dogs over the age of three 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 six. Offspring are exempt up to the age of three
months.
4. Control.
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/b
a. Domestic Animals. No such animals, except for cats, shall be permitted to
run at large, but shall be confined, at all times within a suitable enclosure or otherwise under the control of
the owner of the property.
b. Other Animals. No animal, other than domestic animals, shall be
permitted to run at large, but shall be confined, at all times within a suitable enclosure.
(H): See Chapter 20.8 1, Oil Wells.
(1): See Section 20.60.100, Home Occupations in Residential Districts.
(7): 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.
SECTION 6. Section 20.91.015 of the Newport Beach Municipal Code is hereby
amended to read in its entirety as follows:
20.91.015 Use Permit, Variance, or Federal Exception Permit
Requisite to Other Permits.
No building permit or certificate of occupancy shall be issued
in any case where a use permit, variance, or Federal Exception
Permit is required by the terms of this code unless and until such
use permit, variance or Federal Exception Permit has been granted
by the Planning Director or the Planning Commission or by the
affirmative vote of the City Council on appeal or review and then
only in accordance with the terms and conditions of the use permit,
variance or Federal Exception Permit granted.
SECTION 7. Section 20.91.020 of the Newport Beach Municipal Code is hereby
amended to read in its entirety as follows:
20.91.020 Application for Use Permit, Variance, or Federal
Exception Permit.
An application for a use permit, variance, or Federal Exception
Permit shall be filed in a manner consistent with the requirements
contained in Chapter 20.90, Application Filing and Fees.
SECTION 8. Section 20.91.025 of the Newport Beach Municipal Code is hereby
amended to read in its entirety as follows:
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,
variances and Federal Exception Permits, unless the authority for
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an administrative decision on a use permit is specifically assigned
to the Planning Director in the individual chapters of this code. 1
Exception. The City Council shall have final decision- making
authority on the applications for use permits, variances and Federal
Exception Permits 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, variance or Federal Exception
Permit, 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. Upon rendering a
decision on a use permit, the Planning Director shall report to the
Planning Commission at the next regular meeting or within
fourteen (14) days of the decision, whichever is appropriate.
D. Notice of Decision. Upon the rendering of a decision on a
use permit by the Planning Director, a notice of the decision shall
be mailed to the applicant and all owners of property within three
hundred (300) feet of the boundaries of the site.
SECTION 9. Section 20.91.030 of the Newport Beach Municipal Code is hereby
amended to read in its entirety as follows:
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, variance, or
Federal Exception Permit . 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, variance, and Federal Exception Permit applications,
except as otherwise provided in this chapter, within sixty (60) days
after the acceptance of a completed application.
The Planning Commission shall have the ability to review an application for a Federal
Exception Permit regardless of whether this code specifically provides for such a Federal
Exception Permit when otherwise required by state or federal law.
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C. Required Notice. Notice of a public hearing or an
administrative decision shall be given as follows:
1. Mailed or Delivered Notice.
a. Residential Districts. At least ten days prior to the hearing
or an administrative decision, notice shall be mailed to the
applicant and all owners of property within three hundred (300)
feet of the boundaries of the site, as shown on the last equalized
assessment roll or, alternatively, from such other records as contain
more recent addresses. It shall be the responsibility of the
applicant to obtain and provide to the City the names and addresses
of owners as required by this section.
b. Nonresidential Districts. At least ten days prior to the
hearing or an administrative decision, notice shall be mailed to the
applicant and all owners of property within three hundred (300)
feet, excluding intervening rights -of -way and waterways, of the
boundaries of the site, as shown on the last equalized assessment
roll or, alternatively, from such other records as contain more
recent addresses. It shall be the responsibility of the applicant to
obtain and provide to the City the names and addresses of owners
as required by this section.
2. Posted Notice. Notice shall be posted in not less than two
conspicuous places on or close to the property at least ten 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 ten 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 planning hearing and an
explanation of their rights of appeal in the case of an
administrative decision.
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f3
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.
SECTION 10, Section 20.91.035 of the Newport Beach Municipal Code is hereby
amended by adding a new subsection C relating to Federal Exception Permits.
20.91.035 Required Findings.
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The Planning Commission or the Planning Director, as the case
may be, shall approve or conditionally approve an application for a
use permit, variance, or Federal Exception Permit if, on the basis
of the application, plans, materials, and testimony submitted, the
Planning Commission or the Planning Director finds:
A. For Use Permits.
1. 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,
3. That the proposed use will comply with the provisions of
this code, including any specific condition required for the
proposed use in the district in which it would be located.
B. For Variances.
1. 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. The granting of the application is necessary for the
preservation and enjoyment of substantial property rights of the
applicant;
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;
3. 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. 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.
C. For Federal Exception Permitsz.
1. The Federal Exception Permit sought is handicapped -
related.
2. The applicant has demonstrated that the living group
residing in the Dwelling functions as a Single Housekeeping Unit
as evidenced by factors including, but not limited to a lack of
transiencey among its members. For the purposes of Federal
Exception Permits in other than the R -1 Zone, a lack of transiencey
shall mean the household does not change more than 50% of its
members in any given calendar year,
3. The Federal Exception Permit neither requires a
fundamental alteration in the nature of a program affected by the
Federal Exception Permit nor imposes an undue financial or
administrative burden on the City which creates an undue hardship
on the City. To the extent authorized by law, the factors the
Planning Commission, or the City Council on review or appeal
may consider the following in deciding whether to grant a Federal
Exception Permit include, but are not necessarily limited to:
(i) whether vehicular traffic congestion in the
neighborhood would be increased to an extent that would be
contrary to, or violate, any relevant provision of the Newport
Beach Municipal Code if the Federal Exception Permit was
approved;
2 A "Federal Exception Permit" is the name of the permit and application process necessary to
obtain a `reasonable accommodation" as that term is used in the Federal Fair Housing Act
Exception Permit shall be approved unless the evidence in the administrative record establishes
one of the findings for denial.
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(ii) whether the nature of vehicular traffic, such as the
frequency or duration of trips by commercial vehicles, would be
altered to a such an extent that it would be contrary to, or violate,
any relevant provision of the Newport Beach Municipal Code if
the Federal Exception Permit was approved; or
(iii) whether development or use standards established
in the Newport Beach Municipal Code and that are applicable to
other residential uses in the neighborhood would be violated; or
(iv) whether a Campus would be established in a
residential zone if the Federal Exception Permit were granted;
SECTION 11. Section 20.91.040 of the Newport Beach Municipal Code is hereby
amended by adding a new subsection C relating to Federal Exception Permits.
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, variance, or Federal Exception Permit as
they deem necessary to secure the purposes of this code and may
require . guarantees and evidence that such conditions are being or
will be complied with. Such conditions may include requirements
for off - street parking facilities as determined in each case.
SECTION 12. Section 20.91.045 of the Newport Beach Municipal Code is hereby
amended by adding a new subsection C relating to Federal Exception Permits.
20.91.045 Effective Date.
Use permits, variances, and Federal Exception Permits 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, variance or Federal Exception Permit is made by the
Planning Commission or the City Council.
SECTION 13. Section 20.91.050 of the Newport Beach Municipal Code is hereby
amended by adding a new subsection C. relating to Federal Exception Permits.
20.91.050 Expiration, Time Extension, Violation, Discontinuance, and
Revocation.
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512369.01 a06114/04
A. Expiration. Any use permit, variance, or Federal Exception Permit
granted in accordance with the terms of this code shall expire
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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
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, variance, or Federal Exception Permit 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, variance, or Federal
Exception Permit granted in accordance with the terms of this code
may be revoked if any of the conditions or terms of such use
permit, variance or Federal Exception Permit are violated, or if any
law or ordinance is violated in connection therewith.
D. Discontinuance. A use permit, variance, or Federal Exception
Permit 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.
SECTION 14. Section 20.91.055 of the Newport Beach Municipal Code is hereby
amended relating to Federal Exception Permits.
20.91.055 Amendments and New Applications.
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A. Amendments. A request for changes in conditions of approval of a
use permit, variance, or Federal Exception Permit or a change to
plans that would affect a condition of approval, shall be treated as
a new application. The Planning Director may waive the
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512369.01 a06/14/04
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, variance, or
Federal Exception Permit is disapproved, no new application for
the same, or substantially the same, use permit, variance or Federal
Exception Permit shall be filed within one year of the date of
denial of the initial application unless the denial is made without
prejudice.
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