Loading...
HomeMy WebLinkAbout2 - Group Residential Uses - Code AmendmentCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 2 May 30, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 Palforde,city. newi)ort-beach .ca.us SUBJECT: Group Residential Uses - Code Amendment Initiation ISSUE: Should the City Council adopt a resolution of intent to amend Title 20 (Zoning Code) of the Newport Beach Municipal Code to revise definitions, land use classifications, and regulations relating to group residential uses and short term lodgings? RECOMMENDATION: Adopt Resolution No. 2007- initiating amendments to Title 20 of the Newport Beach Municipal Code. DISCUSSION: On May 22, 2007, the City Council received a report on temporary moratorium on the establishment and operation of new residential uses that are transitory in nature, such as parolee - probationer homes and residential care facilities. The report included a set of changes to current regulations recommended by the City Attorney's Office and their outside counsel (Attachment No. 1). Most of the amendments relate to group residential uses. There are also amendments related to short term lodging. Other possible amendments to short term lodging regulations are in Title 5 of the Municipal Code and go not require initiation or review by the Planning Commission. Amendments to zoning regulations have to be initiated by the adoption of a resolution of intent by either the Planning Commission or the City Council. Once initiated, at least one public hearing on the amendment will be held at the Planning Commission. The Planning Commission findings and recommendations will be reported to the City Council for final consideration. The City Council will need to hold at least one public hearing on the amendment. Should the City Council choose to initiate the amendment, it can be considered by the Planning Commission at their June 21, 2007, meeting. Group Residential Code Amendment Initiation May 30, 2007 Page 2 Environmental Review: None required for the initiation of amendments. Public Notice: None required for the initiation of amendments. Prepared by: ��Iwz�/ Patrick J. ford Senior Planner Attachments: Submitted by: Da id Lepo Planning Directo 1. Memorandum on recommended Zoning Code amendments. 2. Draft resolution of intent. ATTACHMENT 1 Memorandum on recommended Zoning Code Amendments goldfarb 1300 Cloy Street, Ninth Floor i pma n Oakland, California 94612 attorneys 510 836 -6336 M David Kraal May 13, 2007 Lee C. Rosenthal Memorandum John T. Nagle Polly V. Marshall Lynn Hutchins To Karen M. Tiedemonn Robin Clauson, City Attorney, City of Newport Beach Thomas H. Webber Aaron Harp, Assistant City Attorney, City of Newport Beach John T. Haygood From Dianne Jackson McLean Michelle D. Brewer Polly V. Marshall and Erica Kyle Williams Jennifer K. Bell RE Robert C. Mills Zoning Ordinance Amendments Isabel L. Brown James T. Diamond, Jr. William F. DiCami4o On May 22, 2007, the City Council will receive a report on the recent temporary Margaret F. Jung moratorium on the establishment and operation of new residential uses that are Heather J. Gould transitory in nature. As part of this report, staff intends to distribute proposed revisions to the Newport Beach Zoning Code concerning group occupancies, and additional Juliet E. Cox revisions concerning short -term lodging permits. This memorandum provides a brief Erica Kyle Williams summary of the draft amendments concerning group occupancies. Amy DeVaudreuil Barbaro E. Kautz Luis A. Rodriguez Under the existing ordinance, group residential uses are prohibited in all zones, with the exception of small residential care facilities (housing 6 or fewer persons with disabilities), which are permitted by right in all residential zones, and general residential care facilities (housing 7 or more persons with disabilities), which are permitted in certain residential zones only with a federal exception permit. The proposed amendments continue the general prohibition of group residential uses, and provide more specific and detailed definitions of the facilities which are exempt from this Facsimile prohibition. The proposed amendments also eliminate the federal exception permit 510 836- 1035 requirement for larger facilities and replace it with a use permit requirement. A new San Francisco chapter is also added providing procedures for granting requests for reasonable 415 788 - 6336 accommodations for persons with disabilities, which will also permit group residential Los Angeles occupancies for disabled persons in residential zones in certain instances. 213 627- 6336 The proposed amendments include the following: San Diego 619 239 -6336 1. Large Residential Care Facilities - Integral Facilities Goldfarb & Lipman LLP Under the existing code, residential care facilities housing seven or more persons with disabilities are permitted in R -1.5, R -2, and MFR zones with a federal exception 1526 \02 \442065.2 May 13, 2007 Page 2 permit. The amendments eliminate the federal exception permit and instead require a use permit for such facilities. The proposed amendments also add a new definition of "Integral Facilities" to the Zoning Code, which reads as follows: "Integral facilities" means two or more residential care facilities (small licensed or general) or group residential uses, as defined in 20.05.030, which may or may not be on contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee, including affiliates of such entities, and are integral components of the same residential facility, such as by providing housing in one facility and recovery, treatment, meals or other services in another residential facility, or by designating one residential facility to provide recovery, treatment, meals or other services for several residences. Licensed residential care facilities that are eligible to be licensed as a single facility under State law are integral facilities, regardless of the number of licenses actually held. The new integral facilities definition is intended to address the problem of operators claiming to operate small residential care facilities, which are permitted by right in all residential zones, but who in reality are operating larger facilities because of integrated operations (for example a three unit building which houses what is claimed to be three separate small facilities of six persons each, but in reality is operated as a large facility of 18 persons). A related change in Section 20.010.20(P) prohibits a facility that provides services to residents from offering services to nonresidents. Under the proposed amendments, the City would be able to monitor and control residential care facilities with seven or more occupants, including integral facilities, through the use permit process. 2. Small care residential facilities The amendments change the name of "Residential Care, Limited" to "Residential Care Facilities, Small Licensed" and changed the definition so that it includes only state licensed facilities that are required by State law to be treated as a single housekeeping unit for zoning purposes. The amendments also clarify that if such a facility is part of an "integral facility" (see above for description of integral facility) that serves seven or more persons, it is not classified as a Residential Care Facility, Small Licensed. Small unlicensed group homes for persons with disabilities may also be permitted through the reasonable accommodation process, as explained below. 1526 \02 \442065.2 May 13, 2007 Page 3 3. Parolee - probationer homes The amendments add a new definition of parolee - probationer homes, which includes a residential structure that houses two or more parolee - probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or non - monetary consideration, and excludes licensed facilities for disabled persons. These facilities are prohibited in all zones as a group residential use. 4. Convalescent homes and hospitals Convalescent homes and hospitals were deleted from the residential districts land use schedule as inappropriate for residential districts. It is our understanding that no such uses currently exist in residential districts in the City 5. Reasonable Accommodation The proposed amendments add a reasonable accommodation chapter that is needed to assist the City in complying with federal and state fair housing laws. The chapter sets forth the City's policy to provide reasonable accommodation in its zoning regulations when needed to provide an individual with a disability an equal opportunity to use and enjoy a residence or avoid discrimination on the basis of disability. The amendments establish a procedure where most requests for reasonable accommodation may be approved, conditionally approved or denied by the Zoning Administrator or other entity that may be considering the accommodation request along with another discretionary permit. In order to balance the privacy and equal opportunity rights of persons with disabilities with the due process rights of neighbors to receive notice, the reasonable accommodation process provides for limited notice of a reasonable accommodation determination to the abutting property owners (including those across the street and /or alley) only after the initial decision is made. The applicant, the abutting neighbors or a member of the Planning Commission may then appeal the initial decision to grant or deny a reasonable accommodation, and a hearing will be held. If the reasonable accommodation is requested as part of another approval, it will be subject to the same notice and hearing procedures as the other approval The proposed reasonable accommodation amendments treat requests for reasonable accommodation for group homes for people with disabilities serving six or fewer people differently. For these smaller group homes, the Zoning Administrator may take ministerial action to approve a reasonable accommodation if certain specified standards are met. These standards are intended to allow the Zoning Administrator to disapprove small unlicensed homes that are operating illegally (for example, operating without a license where a license would be required) or as part of larger integral facilities. Where the legitimate homes are approved by the Zoning Administrator as a ministerial action, no notice or appeal rights are given to abutting neighbors. However, in order to assure 15261021442065.2 May 13, 2007 Page 4 the Zoning Administrator applies the standards correctly, a member of the Planning Commission may appeal a ministerial approval if such member asserts that the Zoning Administrator made a clear error in application of the standards. These provisions are intended to provide reasonable accommodation for people with disabilities in legitimate, properly operated unlicensed homes and to provide equal protection under the law to persons who need to reside in these small unlicensed facilities in order to have equal opportunity to reside in Newport Beach's residential neighborhoods. Finally, these provisions were developed in recognition of case law that has consistently struck down procedures which expose persons with disabilities to potentially- abusive hearing processes that are not required for other, comparable residential uses for persons without disabilities 6. No separation requirements The proposed amendments do not include separation requirements. Separation requirements are classified by the courts as facially discriminatory. In the 9`s Circuit, facially discriminatory classifications withstand legal challenge only if the restriction benefits the disabled or the restriction responds to legitimate safety concerns raised by the individuals affected, rather than being based on stereotypes. We have not located any studies that indicate that separation requirements are necessary to benefit persons with disabilities, and consequently we conclude that such requirements would violate fair housing laws and would not withstand legal challenge. 7. Amortization of non - conforming uses The proposed amendments do not at this time include new provisions for amortizing existing uses that do not conform to the changed zoning code. Newport Beach already has broad amortization provisions providing for a uniform five year amortization period which we understand are not currently being enforced. Staff is considering a broad revamping of these provisions as a separate action, after the group home zoning code amendments are considered. Revised amortization procedures could require non- conforming uses that now require a use permit to apply for such a permit, and, if denied, the use could then be amortized over a appropriate period of time for various uses, as determined by economic studies. 8. Short term lodging The proposed amendments include a new Residential Use Classification for Vacation Home Rental described as a "residence or dwelling unit where the complete residential unit, including bedroom(s), kitchen and bath(s), is rented or leased to a person, or group of persons, under a single written or oral rental or lease agreement for a period of 30 days or less." The Vacation Home Rental Use Classification is consistent with and recognizes the use of vacation rentals in the R1.5, R2 and MFR zones and continues the 4 1526 \02 \442065.2 May 13, 2007 Page 5 required permitting requirements under the existing rules. Regulations necessary to alleviate any impacts not sufficiently handled by the existing regulations will be addressed in a separate ordinance amending provisions of Chapter 5.95. 1526\02\442065.2 ATTACHMENT 2 Draft resolution of intent RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING AN AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE DEFINITIONS, LAND USE CLASSIFICATIONS, AND REGULATIONS RELATING TO GROUP RESIDENTIAL USES WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the City Council to adopt a resolution of intent to initiate an amendment to the Zoning Code of the City of Newport Beach; and WHEREAS, on May 22, 2007, the City Council received a report on Ordinance No. 2007 -8, an interim urgency ordinance that established a temporary moratorium on the establishment and operation of new residential uses that are transitory in nature; and WHEREAS, the report on Ordinance No. 2007 -8 recommended the adoption of a set of amendments to the City of Newport Beach Municipal Code that will continue the general prohibition of group residential uses in residential districts and provide more specific and detailed definitions of the facilities that are exempt from this prohibition; WHEREAS, the City Council of the City of Newport Beach desires to revise Municipal Code regulations to address impacts relating to group residential uses. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby initiates an amendment Title 20 of the Newport Beach Municipal Code to revise definitions, land use classifications, and regulations relating to group residential uses. City of Newport Beach City Council Resolution No. Page 2 of 2 This resolution was adopted at a special meeting of the City Council of the City of Newport Beach held on May 30, 2007, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK Attachment 2