HomeMy WebLinkAbout2006-25 - Approving an Amendment to Title 20 of the Newport Beach Municipal Code Relating to Group Residential Facilities (Code Amendments No. 2006-005)ORDINANCE NO. 2006-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING AN AMENDMENT
TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL
CODE RELATING TO GROUP RESIDENTIAL FACILITIES
[CODE AMENDMENT NO. 2006-0051
WHEREAS, on September 26, 2006, the City Council initiated amendments to
Title 20 of the City of Newport Beach Municipal Code to revise land use regulations for
Group Residential Facilities; and
WHEREAS, a public hearing was held on October 19, 2006 in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place and purpose of the meeting was given in accordance with the Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting; and
WHEREAS, the City of Newport Beach has an ongoing code enforcement
problem where rooms in dwelling units in single- family zoning districts are rented as
individual dwelling units; and .
WHEREAS, the rental of single- family dwelling units on a room by room basis to
persons not living together as a single housekeeping unit constitutes a land use indicative
of multi- family residential or boarding/rooming houses; and
WHEREAS, single - family zoning districts are not designed for situations in which
significant numbers of adults live in the same dwelling unit, which results in impacts to the
infrastructure, the availability of on- street parking, and noise; and
WHEREAS, boarding and rooming, houses are not permitted uses in residential
zoning districts, but enforcement is difficult because the types of improvements that
constitute a separate or independent living facility are difficult to observe off -site and can
easily be concealed or removed prior to inspection; and
WHEREAS, the Zoning Code needs to be amended to classify any dwelling unit
that is being leased separately to more than two persons as a boarding or rooming house;
and
WHEREAS, the adoption of these new land use regulations is necessary in order
to protect the character of the City of Newport Beach's single - family residential
neighborhoods; and
WHEREAS, the proposed action is not defined as a project under the Califomia
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).
EXHIBIT A
20:03.030
Single Housekeeping Unit: "Single Housekeeping Unit" means the functional
equivalent of a traditional family, whose members are an interactive group of
persons jointly occupying a single dwelling unit; under no more than one written
or oral rental agreement, including the joint use of common areas and sharing
household activities and responsibilities such as meals, chores, and expenses.
For purposes of the R -A and R -1 districts, a. Single Housekeeping Unit's
members shall also be a non - transient group.
20.05.030 (B)
Group Residential. "Group Residential" means shared living quarters, occupied
by more than one person, which lack separate kitchen and bathroom facilities for
each room or unit, as well as shared living quarters occupied by two or more
persons not living together as a Single Housekeeping Unit. This classification
includes boarding houses, rooming houses, dormitories, fraternities, sororities,
and private residential clubs, but excludes residential hotels (see Single -Room
Occupancy (SRO) Residential Hotels, Section 20.05050(EE)(4)).
1. Boarding or Rooming Houses. 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.
EXHIBIT A
CA 2006 -M
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS
SECTION 1: Title 20 of the Newport Beach Municipal Code shall be amended as
provided in Exhibit A.
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. This Ordinance shall be published once in the official newspaper of
the City; and. the same shall become effective thirty (30) days after the date of its
adoption.
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on November 14, 2006, and adopted on the 28th day of
November, 2006, by the following vote, to wit:
CITY CLERK
AYES, COUNCIL MEMBERS Selich, Rosa, Ridgeway,
Daigle, Nichols. Mayor Webb
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS curry
MAYOR
1►r� �- -�
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2006 -25 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
28th day of November 2006, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb
Noes: None
Absent: Curry
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of November 2006.
(Seal)
C4CdI ! f
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2006 -25 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: December 2, 2006.
In witness whereof, I have hereunto subscribed myyn
/--name this JF �r � day of�Ct er-
2006. � q d' ® I
City Clerk
City of Newport Beach, California