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HomeMy WebLinkAboutSS3 - Group Residential Uses — Discussion with Special Counsel (Richards Watson Gershon) of Proposed OrdinancesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Agenda Item No. SS3 December 11. 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, Assistant City Manager 949 -644 -3002 or dkiff @city.newport- beach.ca.us James L. Markman and Roxanne Diaz, Special Counsel Richards, Watson, and Gershon ( "RWG ") 714 - 990 -0901 or imarkman(�- wglaw.com and rdiaz(&rwglaw.com SUBJECT: Group Residential Uses — Discussion with Special Counsel (Richards Watson Gershon) of Proposed Ordinances ISSUE: Should the City change current codes relating to Group Residential Uses taking into consideration the federal fair housing laws? RECOMMENDED ACTION: Discussion and public comment. BACKGROUND: Some of Newport Beach's "villages," including West Newport and the central Balboa Peninsula have significantly higher numbers of group residential uses than other parts of the city, and than other parts of the state. As the amount of group residential facilities (residential treatment facilities, "sober living" homes, boarding houses, and care facilities) has grown, residents and Council members have been concerned that too many of these homes in certain areas causes adverse secondary affects, like: • Extensive secondhand smoke; • Higher levels of profanity and lewd speech; • Slower or gridlocked transportation routes, if such routes are blocked by transit vans; • More frequent deliveries (laundry, food, medicine, office goods) than is typical for a residential area; • Noise and traffic associated with more frequent trash collection; • Lack of frequent trash collection, in some instances, leading to vermin and odors; • Persons unwillingly removed from the facilities left "on the streets" with few resources to return home, leading to scavenging or petty theft; • Excessive debris, including cigarette butts, on sidewalks, in gutters, on streets; and /or • Illegal smoking in public places where smoking is banned, including Oceanfront Walk and beaches. Group Residential Uses December 11, 2007 Page 2 Other residents worry that a block or community that has a certain number of group residential uses both: Changes the residential character of the neighborhood; and May not be beneficial to persons in recovery as they attempt to re- integrate their new sober lifestyle into typical society and essentially "institutionalize" their recovery efforts as well as the neighborhood. I — ABOUT NEWPORT BEACH AND TREATMENT FACILITIES The City has told the State of California via the California Department of Alcohol and Drug Programs ( "ADP ") that the City believes that Newport Beach has a disproportionately high number of licensed and unlicensed residential group uses serving the disabled. Specifically, the City of Newport Beach: • Has 2.63 licensed recovery beds per thousand residents, the highest ratio of any city in Orange County; • Is home to only 2.7 — 2.8% of the total population of Orange County, but is host to approximately 14.6% of all licensed residential beds in the County; and • Has at least 26 licensed residential alcohol and drug treatment and recovery facilities. Those facilities provide a total of 213 licensed residential beds, and are licensed for a total occupancy of 238 individuals. Three (3) of the licensed facilities do not house residents — they are treatment locations only. • Has at least 54 unlicensed facilities, most with 6 or fewer residents, and most operated by one of two large local operators (Sober Living by the Sea and Morningside Recovery). City staff is still verifying the existence of possible additional unlicensed facilities and the ultimate verified number could be higher. Of the 34 cities in Orange County, 18 have no ADP - licensed residential beds at all, and six cities have only one or two licensed residential recovery facilities. We do not know how many unlicensed facilities each community has, because this is not a number reportable to any agency. In summary, the city is likely to have the highest amount of residential recovery facilities in Orange County and possibly the state. II — RECENT HISTORY That noted, in recent years residents and Council members have asked that the City change the way it regulates group residential uses. The following steps, among others, have been taken towards that goal: In January 2007, the City Council formed the Council /Citizens Committee on Intense Residential Occupancies (IROC) which met three times. • In March 2007, the City convened a Residential Recovery Facilities Conference in Newport Beach to assist our city and other municipalities to better understand State and Federal law relating to Group Residential Uses. More than 300 persons attended, with over 90 cities represented. • The City testified in Sacramento before the Senate Health Committee in support of SB 1000 (Harman, 2007) to allow localities to better regulate group residential uses. SB 1000 also would have defined "integral facilities" within State law. Group Residential Uses December 11, 2007 Page 3 • On April 24, 2007, the City Council adopted Ordinance No. 2007 -8 which, among other things, imposed a moratorium on the establishment and operation of new group residential uses in Newport Beach. • On May 30, 2007, the City Council adopted Ordinance No. 2007 -10 which extended much of the Interim Urgency Ordinance through October 30, 2007. • After adoption of Ordinance No. 2007 -8 but prior to the adoption of Ordinance No. 2007 -10, city staff distributed a questionnaire asking about impacts caused by group residential uses. The questionnaire went to three areas of the city. • In August and September 2007, the Newport Beach Planning Commission held two public hearings on proposed new ordinances that would regulate Group Residential Uses. The Planning Commission forwarded its recommendation on the draft ordinances to the City Council at their September 20, 2007 meeting. • In late September 2007, the City Council hired special counsel Richards Watson Gershon to review the Planning Commission's work, review previous counsel's work, to extend the moratorium, and to refine the ordinances approved by the Planning Commission for presentation to the City Council. • On October 17, 2007, the City Council extended the Moratorium for twelve (12) months. • In November 2007, the City filed lawsuits to stop alleged violations of the Moratorium. Interested readers can review other historical information, recent City actions, the Planning Commission's approved ordinance, the resolutions adopting and extending the moratorium, and related staff reports on the City's website (www. city. newport- beach.ca.us) under Group Residential Uses. III — BRIEF INFORMATION ABOUT CONCEPTS AND TERMS It is important to understand the following concepts underlying this staff report and the attached ordinances: • A "Licensed 6 and Under" is a group residential use housing six or fewer persons needing treatment and that offers one or more of five different types of rehab treatment at the house. IT IS AGAINST THE LAW TO OFFER TREATMENT AT AN UNLICENSED FACILITY. ADP is the state agency that licenses rehab facilities offering treatment. There are five (5) types of treatment that, if offered on -site, require a license according to the ADP: • Detoxification • Group Counseling • One-on -One Counseling • Development of a Treatment Plan • Educational Sessions To prevent discrimination against persons in recovery and to allow residential recovery statewide, California State law (California Health and Safety Code §11834.23) deems that a city must treat a "Licensed 6 and Under" — standing alone and not networked with other facilities — just as the City treats any single family use. Newport Beach has approximately 18 "Licensed 6 and Under" facilities, with 108 recovery beds. Group Residential Uses December 11, 2007 Page 4 An "Unlicensed 6 and Under" is considered a small "sober living" home where persons in the house agree to stay sober during their residency, and are often (but not necessarily) involved in a treatment program where treatment is provided outside of the home they live in. None of the five types of treatment can be provided on -site. Residents also might attend Alcoholics Anonymous ( "AA") meetings, and these can be on -site. ADP does not consider AA meetings "treatment," because they typically do not involve a licensed counselor. Unlicensed facilities are not regulated by the state and it is not a violation of state law to operate an unlicensed facility. "Large Group Residential Uses" — with seven or more residents — can either be sober houses or treatment facilities (the latter being licensed, the former not). State and federal law allows cities to subject these larger uses to use conditions and permits. A city must also provide a resident the opportunity to request a 'reasonable accommodation" (see below) from local regulations on a case by case basis. Combining the number of Unlicensed 6 and Unders with larger unlicensed facilities, Newport Beach has at least 54 of these facilities (December 2007) and will have 59 after January 1, 2008, when West Santa Ana Heights (with five unlicensed facilities) becomes part of Newport Beach. Newport Beach has five large licensed facilities, all on the Balboa Peninsula. "Integral facilities" and "Integral uses." In some cases, and in many cases in Newport Beach, facility operators network — or link — two or more facilities operationally. They may house clients in one house, and treat them in another or at a commercial location. They may transport clients in a single network of vans or shuttles. Staff may go from one house to another, offering counseling or other treatment services. Clients from various houses may all attend a single large meeting together. The City considers this type of networking to make "6 and Unders" a different (and larger) type of use than a stand -alone use. Yet often times the State licenses a handful of integrated facilities as distinctly separate 6 and Unders. The proposed City ordinance contains a definition for "integral facility" and "integral use" so that the City can determine if such facilities should be regulated as a larger facility. "Reasonable Accommodation" is a term from federal statutes and case law that requires cities to provide disabled persons who are disabled with a process to seek special exceptions from local zoning or regulations in order to provide such person an equal opportunity to housing. For example, a disabled person denied a housing type of his or her choosing may request that the City allow them to reside in a specific location - - -in effect overriding the local regulation that may be applicable to the use. The proposed ordinance contains a chapter dedicated to the reasonable accommodation process (Chapter 20.98). "Use Permit" or "UP." A Use Permit (often used interchangeably with the term "Conditional Use Permit') is a discretionary permit that permits a certain use — like the operation of a group home, the operation of a school or the operation of a restaurant — if certain findings can be made. Such uses are typically subject to certain conditions described within a written document or permit that are often referred to as "conditions of approval." A local government can revoke the permit, after providing notice and a hearing, if the permit holder does not comply with the permit conditions. Restaurants, many commercial operations, and many more uses require a use permit in Newport Beach. Single- family residences do not require use permits, however various uses in residential districts require a use permit such as park and recreation facilities, public safety facilities, religious assembly uses, public and a private schools and accessory structures and uses. Group Residen8a! Uses December 11, 2007 Page 5 "FEP" or "Federal Exception Permit." In 2004, the City adopted a regulatory scheme for group residential facilities treating seven or more disabled that the City refers to as the "FEP" process. The FEP was intended as a way to provide a public hearing process similar to the Use Permit process but also incorporated the "reasonable accommodation" process. Therefore, an issued FEP would contain a finding or findings that a specific use was an exception to some local laws (like UPs) under the Federal Fair Housing Amendments Act of 1988 (and other laws). No FEP was ever issued by the City, nor were any applied for. City staff believes that some facilities subject to the FEP told the City that they would operate as a "6 and Under," but facility managers submitted a higher resident/bed plan to the State of California. Nonconforming Structures and Uses. Cities change zoning regulations over time. For example, in the 1930s in Newport Beach, some properties did not have setbacks — meaning a home could be built all the way to the property line, with no side yard or back yard. When the City established more setbacks, those properties that didn't conform to the new setback standards were deemed to be legally built, but non - conforming to the new codes. They were "grandfathered" in many cases. The term "legal, non - conforming" is a common one. But for readers' information, the term "illegal, non - conforming" is redundant and not commonly used. If a property has construction (or a use) that was illegal at the time the use started or the time the building was constructed, it's just illegal. "Nonstandard Subdivision Map" or "Map." At its September 20, 2007 meeting, the Newport Beach Planning Commission approved a map called the Nonstandard Subdivision Map (see Exhibit B). This map overlaid several neighborhoods in Newport Beach — inciuding West Newport, the Balboa Peninsula, Balboa Island, Lido Isle, Newport Shores, and Corona del Mar — and declared that the small lot sizes, small setbacks, limited parking, narrow streets, and other characteristics of these areas made these neighborhoods "non- standard" and unlike a typical residential lot. IV — ABOUT THE PROPOSED ORDINANCES This staff report does not attempt to discuss past history — even recent history — except if the history is helpful to the context of the proposed ordinances. Nor does it attempt to provide a legal analysis or legal justification of the approach. Instead, it attempts to explain — in a broad summary and general form — the key aspects of the proposed ordinance (shown as Exhibit A) that are different from the City's current law relating to Group Residential Uses. A. Reasonable Accommodation. All references to FEPs in the current code are removed. The concept of "reasonable accommodation" and a process by which a disabled person can request a reasonable accommodation is included as a new Chapter 20.98. The applicant fills out an application per §20.98.020 . The application is heard by a Hearing Officer ( §20.98.025), who considers the request based on the evidence presented and makes findings to either approve, conditionally approve or deny a request for a reasonable accommodation. The Hearing Officer's decision is subject to appeal to the City Council. B. Integral Facilities and Integral Uses. This ordinance defines "Integral Facilities" and "Integral Uses" (see §20.03.030). In addition to defining the terms, the proposed ordinance states that the City will consider facilities that operate integrally to be a use subject to a Use Permit and therefore regulated similarly to small unlicensed facilities or general (7 and over") facilities( (see several sections, primarily the "UP" requirement within the charts in §20.10.020 and subsequent Specific Plan District areas). Group Residential Uses December 11, 2007 Page 6 C. Siting of New Facilities. The proposed ordinances change current law, which would allow various group residential uses in any zone in the City (some requiring an FEP), to the following as shown in Table 1 (see several sections, primarily the " — " and the "UP" notations within the charts in §20.10.020 and subsequent Specific Plan District areas): Table 1 Proposed zoning for Group Residential Uses Facility Type R -1 R -1.5 R -2 MFR Licensed 6 and Under Licensed 6 and Under . ® ®® . (operating integrally) . Unlicensed and Under ® ®® . (integral or not) _ •> 7 and Over . (Licensed or Unlicensed) ® ®® . All Other ® ® . . . . . . . . . ®® . . . Group Residential Uses Importantly, note that the prohibitions of certain group residential uses in the R -1, R -1.5, and R- 2 zones apply to new facilities. Many existing group residential facilities — indeed most if not all of the unlicensed facilities — would become "legal non - conforming" upon adoption of this ordinance. All legal, non - conforming group residential uses would immediately be subject to the use permit process described below, and would have to apply for a Use Permit within 90 days of the passage of the proposed ordinance to continue their use. The process is described in more detail below. D. Abatement of Existing Non - Conforming Uses. The proposed ordinance (see Chapter 20.62 and specifically §20.62.090 — Abatement) directs that any operator within one of the zones shown in Table 1 where their operation is either prohibited or allowed with a Use Permit but who fails to obtain a Use Permit in a timely manner must cease their use as follows: (i) Discontinuance of Use. If an applicant does not apply for a Use Permit or reasonable accommodation within 90 days of the effective date of this Ordinance, or otherwise fails to timely obtain them, the City will abate the use within: • One (1) year; or • The date an operator's lease expires to use the property. This is only applicable if the lease was entered into prior to December 7, 2007 ( §20.62.090.A.2.a.ii); or e The date that an operator's State license expires (ADP licenses are good for up to 24 months if not revoked or if uses are unchanged). ... whichever of the above three criteria is earliest ( §20.62.090.A.2). The Planning Commission can authorize extensions, subject to certain findings ( §20.62.090.C.4.a -0. Appeal provisions to the City Council are included ( §20.62.100). E. The Use Permit Process. As noted, existing non - conforming uses and new uses in the Multi - Family Residential Zone must apply for a Use Permit to remain in operation or to start operation. The use permit process exists today in the Newport Beach Municipal Code Group Residential Uses December 11, 2007 Page 7 ( "NBMC ") as Chapter 20.91. The proposed ordinance amends Chapter 20.91 (mostly to clean- up and remove references to the FEP) and adds a new Chapter 20.91A to address existing non- conforming and other uses that now require a use permit in a residential district. The key provisions are as follows: (i) Inventory. City staff will develop an inventory of all known existing non - conforming uses within 90 days of the effective date of the ordinance ( §20.62.090.B.1). If this ordinance becomes effective on February 2151, then the inventory must be complete by May 215`, 2008. Notice of the inventory's completion goes to all affected property owners, occupants, and known lessees ( §20.62.090.6.2). Our intention is to complete this Inventory as close to February 21, 2008 as possible. (ii) Application for a Use Permit. All non - conforming uses must apply for a Use Permit within 90 days of the effective date of this Ordinance ( §20.91A.020). The ordinance requires that the applicant provide information regarding the proposed use such as describing the characteristics of the proposed use and the license and permit history of the applicant for similar uses. The application contents are described in Section 20.91A.030. The request for this information is to ensure that any use is operated in compliance with applicable laws, that the operator has a history of operating facilities consistent with any applicable laws, and to ensure that the applicant operating under a Use Permit will operate in a manner that assures little or no adverse impact on facility residents, neighbors, the community, or the character of the neighborhood and that the use conforms with established industry standards for the well -being of the facility residents.(see application requirements in §20.91A.030.A and §20.91A.050 and §20.91A.060.1) (III) The Use Permit Process. As noted, existing non - conforming uses and new uses in the Multi - Family Residential Zone must apply for a Use Permit to remain in operation or to start operation. The use permit process exists today in the Newport Beach Municipal Code ( "NBMC ") as Chapter 20.91. The proposed ordinances amend Chapter 20.91 (mostly to clean -up and remove references regarding the FEP) and adds a new Chapter 20.91A to address existing non - conforming and other uses that now require a use permit in a residential district. The key provisions are as follows: 1 — Timing. As noted, applicants in non - conforming status have 90 days to apply for a Use Permit once these ordinances are adopted by the Council ( §20.91A.020). 2 — The Application. The Use Permit application must contain several items ( §20.91A.030.A -1), including, among other things, information about: • Facility users (staff, clients, visitors, more). • Characteristics of the use (hours of operations and more). • Transportation and parking, including routes used to transport clients. • Similar uses nearby. • Proposed operations and a management plan, including data about the applicant, co- owners, partnership information, more. • Occupancy levels. • The applicant's license and permit history — including revocations or suspensions. • Similar operations owned or operated by the applicant in California within the past five years, as well as any violations of state or local law. • A declaration that the applicantloperator has not violated any laws, regulations, or ordinances at any of its locations, or if so, to specify such violations. Group Residential Uses December 11, 2007 Page 8 3 — Notice and Hearing. A qualified Hearing Officer would be designated to approve, conditionally approve, or disapprove UPs at a noticed public hearing, with appeal rights to the City Council ( §20.91A.040). The City must mail or deliver notice of a proposal to issue a Use Permit to a group residential use in a residential district to owners and occupants of property within 300' of the proposed use ten (10) business days prior to a public hearing on the use ( §20.91.030.C.1.a). 4 — Standards. Any Use Permit issued must adhere to these specific standards if applicable to the use ( §20.91A.050.A -F): • No secondhand smoke can be detectable outside of the property. • Operations must comply with state law, local law, the submitted management plan, including any modifications to the plan required in the Use Permit. • A contact name and number must be provided. • No one can provide services that require a license if they don't have a license. • There should be at most two persons per bedroom plus one additional resident. If an applicant wants to put more than 2 persons in one or more bedrooms, the applicant must request additional occupancy and the Hearing Officer has discretion to set occupancy limits based on structure characteristics, traffic and parking impacts, and the health, safety, and welfare of the persons residing in the facility and neighborhood. • Where certification from a responsible entity other than the State of California's licensing program is available to an operator (like the Orange County sober living facilities program), applicants must get that certification. • Every individual or entity involved in the facility's operation or ownership shall be disclosed to the City. • No owner or manager shall have any demonstrated pattern or practice of operating similar facilities in violation of law whether in or outside of Newport Beach. 5 — Applicant Signature and Accuracy of Application. The "owner of record" of the property or an authorized agent must sign the application form and must state, under penalty of perjury, that the information provided is true and correct. False statements are grounds for denial or revocation (Section 15 of the Ordinance — an amendment to §20.90.030.C). 6 — Findings. In addition to the findings set forth in the provisions governing CUP's generally, the proposed ordinance ( §20.91A.060.A -F) provides that the Hearing Officer can approve a Use Permit if certain findings can be made: • The project has adequate parking on -site. • Traffic and transportation impacts have been mitigated to a level of insignificance. • Structures are suitable for the use. • The use will be compatible with the character of the neighborhood and will not create an over - concentration of residential care uses nearby. To make or sustain these findings, the Hearing Officer shall consider as appropriate the following factors: o How close the proposed use is to schools, parks, other group homes, and alcoholic beverage outlets (and more); and Group Residential Uses December 11, 2007 Page 9 Whether the existence of non - standard lots and other property characteristics (linking back to the Nonstandard Subdivision Map or "Map" shown as Exhibit B) made such a use inappropriate; and Whether the Hearing Officer should deem that the American Planning Association's (APA) standard of permitting one or two group uses per block would be appropriate in this case OR whether a greater degree of separation is appropriate ( §20.91A.060.D.1 -3): • How vans, shuttles, or buses will transport clients and how this activity will or will not generate more traffic than normally generated by residential activities nearby. • That the operations do not have goods delivery or service deliveries during hours that would cause an adverse affect to the peace and quiet of neighboring properties. 7 — Revocation of the Use Permit. The proposed ordinances (Section 18 of the ordinances — an amendment to §20.96.040.E) provide that that the Hearing Officer can revoke a Use Permit (similarly to other uses subject to a Use Permit) if these findings are made: • The permit was issued under erroneous information or misrepresentation; or • The applicant made a false or misleading statement of material fact, or omitted material fact; or • The conditions of use or other regulations or laws have been violated; or • There has been a discontinuance of use for 180 days or more. E. Defining and Depicting a Block. The proposed ordinance ( §20.03.030) defines a block (this is relevant because of the APA reference above) as an area of land that is bounded on all sides by streets or by streets and a shoreline. This exhibit shall become part of the definition, with the area in gray depicting a block: Depiction of a Block Street House r,_. ' . 'f -.i House House � House House House House House A House S It S It House A I House r r House I e House e e House e Y House t t House Y House d House House '` - "'' House House House House House Street Group Residentiat Uses December 11, 2007 Page 10 V - OTHER ISSUES WORTHY OF NOTE Over the course of the year, these issues have come up in regards to group residential uses. The issues include recommendations by RING to address them, often in a manner separate from the proposed ordinances: A. Registration. RING has advised that requesting a group residential use to "register" would violate the federal fair housing laws. All uses, regardless, are required to obtain a business tax certificate even though they pay not have to pay the tax. The City already has access to information about ADP - Licensed "6 and Unders" via the State database on licensed facilities. B. ADA. The issue here is whether all group residential facilities must be compliant for wheelchair access under the Americans with Disabilities Act (ADA). Case law says that the ADA does not require a residential facility to accommodate persons in wheelchairs unless the persons residing there require wheelchair access. In other words, if a person's disability allows them to be fully ambulatory, the house in which they reside does not have to be compliant for non - ambulatory persons. C. Short-Term Lodging Permits. Short-term lodging permits, addressed in the April 2007 version of the Moratorium, are not included in or addressed by this ordinance. D. The Planning Commission's Actions. Generally, RING took what the Planning Commission ( "PC ") passed on September 20, 2007, and reviewed it anew. Some concepts of the Planning Commission's review remain, others were changed in accordance with RWG's legal recommendations. These changes include: • Requiring at least 1,000' between locations. The PC adopted a standard that said that all uses except ADP - Licensed 6 and Unders standing alone would have to be distanced at least 1,000' from each other within a certain zone. This was deleted. The proposed ordinance provides that any new uses (any facility operating integrally, General (over 7) and all unlicensed facilities) may be established in the MFR zone with a Use Permit. For existing uses, the ordinance allows the Hearing Officer to consider whether it would be appropriate to apply the APA's distancing guidelines or other degree of separation when considering Use Permits for existing facilities. It does not limit his or her discretion to consider greater distances to a specific amount of feet (except for Licensed 6 and Unders standing alone). ( §20.91A.060.D.1 -3). • Unlicensed 6 and Unders in R -1.5 and R -2. The Planning Commission's recommended ordinance allowed Unlicensed 6 and Unders to be in these two zones with a use permit. This proposed ordinance excludes all new unlicensed facilities of any size from R -1.5 and R -2 (both documents exclude these uses from R -1). To cross reference the ordinance on this, see several sections, primarily the "--=' and the "UP" notations within the charts in §20.10.020 and subsequent Specific Plan District areas. • An Overlay Zone. The PC approved an "overlay zone" — also referred to as the Nonstandard Subdivision Map — that would have special requirements (including the distancing referred to above) for any facility operating within the zone. This ordinance takes a slightly different approach. It maintains the Map and allows the Hearing Officer to consider whether it would be appropriate to apply the APA's distancing guidelines or other degree of separation when considering Use Permits for existing facilities (except for Licensed 6 and Unders standing alone). Group Residential Uses December 11, 2007 Page 11 ( §20.91A.060.D.1 -3) within the area covered by the Map (except for Licensed 6 and Unders standing alone) ( §20.91A.060.D.1 -3). Abatement Period. The PC approved a 2 -year abatement period following an inventory period. These ordinances propose a 1 -year abatement period, with extension provisions. The PC would consider any extensions subject to specific findings ( §20.62.090.CA.a -f). • Smoking. There was a slight modification here. The PC approved a version that said that 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. This version says that no secondhand smoke can be detectable outside of the property ( §20.91A.050.A). VI — WHAT'S NEXT Today's discussion is in a "Study Session" format, with an up to two -hour dialogue with Special Counsel, staff, Council, concerned stakeholders, and others about the proposed ordinances described in this staff report and depicted in Exhibit A. The City can incorporate comments offered today and through early January into the proposed ordinances between now and January 8th, 2008 the anticipated date of "'It Reading" of the ordinances. At 1St Reading, the public and stakeholders can offer additional comment as a part of the public hearing planned for January 8th, 2008 (an evening hearing). City Council at that time can direct Special Counsel to amend the proposed ordinances — or keep them the same — and bring them back for either another 1St Reading or "2n0 Reading" at the January 22nd, 2008 Council meeting. On January 22ntl, 2008, the Council may again amend the ordinances OR may adopt them (again following an opportunity for public comment) in their final form. If they are adopted on that date, their provisions would take effect 30 days after adoption (February 21•t, 2008 if the 1St and 2ntl Reading schedule is maintained). As such, members of the public have the following opportunities to comment on the ordinances • Tuesday, December 11, 2007 — 4:00 to 6:00 p.m. in public session. • Between December 11, 2007 and January 8, 2008 — via phone call to 949 - 644 -3002 or e -mail to the City via the City Clerk's Office. • Tuesday, January 8, 2008 — on or after 7:00 p.m. in public session. • Between January 8, 2008 and January 22, 2008 — via phone call to 949 -644 -3002 or e- mail to the City via the City Clerk's Office. • Tuesday, January 22, 2008 — on or after 7:00 p.m. in public session. VII — ENVIRONMENTAL REVIEW These ordinance changes are exempt from the California Environmental Quality Act (CEQA) pursuant to §15305 (Categorical Exemption Class 5 — Minor Alterations in Land Use Limitations) of the CEQA guidelines. VIII — PUBLIC NOTICE Public notice of this Study Session item was provided via the following: • Regular Brown Act noticing (Agenda and Staff Report posting 72 hours in advance of the Study Session) Group Residential Uses December 11, 2007 Page 12 • A request of the Orange County Register and the Daily Pilot for a short calendar item in their newspapers and websites. • A display advertisement running Sunday, December 9, 2007 in the Daily Pilot. • E -Mails to local homeowners and community associations, including: • Lido Isle Community Association • West Newport Beach Community Association • Balboa Peninsula Point Community Association • Central Newport Beach Community Association • Corona del Mar Residents Association • Newport Shores HOA • Balboa Island associations • Public notice given by the Mayor at the November 27, 2007 City Council Meeting • Public notice given by the Planning Commission Chairman at the December 6, 2007 Planning Commission Meeting. • E -Mail notice to the known operator community. • E -Mail notice to residents and others who had been placed on an "interested parties" distribution list by the City. Prepared by: LAIJA Da�ff, Assistant City Manager Submitted by: Ut k I.M. � R.D. James L. Markman, Special Counsel Attachments: Exhibit A — Draft of Proposed Ordinance (dated 12- 07 -07) Exhibit B — Nonstandard Subdivision Map 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" ORDINANCE NO. 2008- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING VARIOUS PROVISIONS OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ALL CATEGORIES OF GROUP USES, REASONABLE ACCOMMODATION PROVISIONS FOR THE DISABLED AND NONCONFORMING STRUCTURES AND USES The City Council of the City of Newport Beach hereby ordains as follows: Section 1. The following definitions contained in Section 20.03.030 (Definitions) of Chapter 20.03 of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code are hereby amended to read as follows: "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, which is depicted as follows: 11287.0005/1019083.1 1 Street House lia[,t :..... ...:..:?.,;1 House " F3ta�.> `' ` #l? House House 1.;,..<x., House House ,;;.fi::a House House S s r ,:;EItEC9•. S House House A t F I. A r yjg_ : [ r I House House House House e e ts,,: .: e a ,`, : e e e House House Y t „ t Y House House 1.,.:. House House .. 4.. ,.„ House House .............. House Street 11287.0005/1019083.1 1 2 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 in a dwelling unit. 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: Any combination of two or more Residential Care ( Small Licensed, Small Unlicensed, or General) facilities which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as Integral Facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such Integral Facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility. Integral Uses: Any two or more licensed or unlicensed residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such Integral Use shall be considered one use for purposes of applying federal, state and local laws to its operation. 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 11287.0005/1019083.1 2 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" without required permits or licenses or has been operated at any time without required permits or licenses. The required permits and licenses include, but are not limited to, those required by any federal, state, or local government. 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. Section 2. The definition of "campus" contained in Section 20.03.030 of the Newport Beach Municipal Code is hereby deleted. Section 3. Section 20.05.030 (Residential Use Classifications) of Chapter 20.05 (Use Classifications) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: "Section 20.05.030 Residential Use Classifications A. Boarding or Rooming House A residence or dwelling unit, or part thereof, wherein a room or 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. Da} 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. I. 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 11287.0005/1019083.1 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" children. Children under the age of 10 years who reside in the home count as children served by the day care facility. C. Grouu 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. Integral Facilities. Any combination of two or more Residential Care (Small Licensed, Small Unlicensed, or General) facilities which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as Integral Facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such Integral Facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility. E. Integral Uses. Any two or more licensed or unlicensed residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such Integral Use shall be considered one use for purposes of applying federal, state and local laws to its operation. F. Multifamily Residential. Three or more dwelling units on a site. This classification includes mobile home and factory-built housing. G. 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: (i) 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; (ii) 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; (iii) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer; or (iv) any individual who has been convicted of a felony, sentenced to any correctional facility, including County correctional 11287.000511019083.1 4 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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. H. Residential Care Facilities, General. Any place, site or building, or groups of places, sites or buildings, licensed or nonlicensed, in which seven or more individuals with a disability reside who are not living together as a single housekeeping unit and in which every person residing in the facility (excluding the licensee, members of the licensee's family, or persons employed as facility staff) is an individual with a disability. L 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. J. 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 in which every person residing in the facility (excluding persons employed as facility stab) is an individual with a disability. K. Single- 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. L. 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 4. Paragraph "R" of Section 20.05.040 of the Newport Beach Municipal Code containing the definition of "Residential Care, General" is hereby deleted. The remaining paragraphs in such section shall be relettered accordingly. 11287.000511019083.1 5 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" Section 5. Section 20.10.020 (Residential Districts: Land Use Regulations) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: 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 or 20.91A. The letters "PD/[P' designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91 or 20.91A. 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 Permitted R -A R -1 R -1.5 R -2 MFR Additional Regulation s RESIDEN77AL (A), (B), (C), (0), (P), (Q) DAY CARE, LIMITED (N) -LARGE FAMILY CHILD CARE HOMES -SMALL FAMILY CHILD CARE HOMES GROUP RESIDENTIAL MULTI - FAMILY RESIDENTIAL PAROLEE/PROBATIONER HOME 11287.0005/1019083.1 6 PD/U PD/ PD/U PD/U PD/U U P P P P P — — — P (D) 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" Residential Districts: Land Use Regulations P = Permitted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Re2ulationsl -- = Not Permitted R -A R -1 R -1.5 R -2 MFR Additional Regulation s RESIDENTIAL CARE FACILITIES, GENERAL -- — UP RESIDENTIAL CARE FACILITIES, SMALL LICENSED P P P P P RESIDENTIAL CARE FACILITIES, SMALL -- — — UP NONLICENSED INTEGRAL FACILITIESANTEGRAL USES — -- — — UP SINGLE FAMILY RESIDENTIAL P P P P P (D), (E), TWO - FAMILY RESIDENTIAL - -- - -- P P P (D) PUBLICAND SEMI- PUBLIC CEMETERIES CLUBS AND LODGES DAY CARE, GENERAL GOVERNMENT OFFICES (A), (B), (C), (P), (Q) — L -2 L-2 L -2 L -2 — UP UP UP UP (N) — 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 11287.0005/1019083.1 7 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN 'BOLD" Residential Districts: Land Use Regulations P = Pemutted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) -- = Not Permitted R -A R -1 R -1.5 R -2 MFR Additional Regulation s UTILITIES, MINOR P P P P P COMMERCML 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 11287.0005/1019083.1 8 (A), (B), (C), (P), (Q) P — — PD/U --- --- — — -- L-3 L -3 L -3 L -3 — — UP UP (F) (A), (B), (C), (Q) PD/U — (G) P— --- --- L4 L-4 L4 L-4 L -4 (H) (A), (B), (C), (Q) P/UP P/U P/UP P/UP P/UP (1) P (A), (B), (C), (Q) 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN 'BOLD" 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 R -A R -1 R -1.5 R -2 MFR Additional Regulation s CIRCUSES AND CARNIVALS P P P P P (K) COMMERCIAL FILMING, LIMITED PERSONAL PROPERTY SALES HELIPORTS, TEMPORARY REAL ESTATE OFFICES, TEMPORARY P P P P P (K) P P P P P (L) L-5 -- --- --- L-5 (J) L -5 L -5 L -5 L -5 L -5 (B) Residential Districts: Additional Land Use Regulations L -1 20 acres minimum. L -2 Limited to yacht clubs, use permit required. L -3 Public or no fee private lots for automobiles may be permitted in any residential district adjacent to any commercial or industrial district subject to the securing of a use permit in each case. L -4 See Chapter 20.81: Oil Wells. L -5 Subject to the approval of the Planning Director. (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. 11287.0005/1019083.1 9 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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: 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. 11287.0005/1019083.1 10 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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. (II) 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): No residential use constituting a single housekeeping unit 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. (P): Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (Q): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. Section 6. Section 20.35.030 (PC District. Land Use Regulations) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: "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. 11287.0005/1019083.1 11 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 7. Section 20.41.050 (Residential Development: Land Use Regulations) of Chapter 20.41 (Specific Plan District #4 Newport Shores) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: "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. 11287.0005/1019083.1 12 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" Residential Development: Land Use Regulations P = Permitted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Reaulationsl = Not Permitted Residential Additional RESIDENTML (A), (B), (C), (I), (1), (D, (K) 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 RESIDENTIAL CARE FACILITIES, GENERAL — RESIDENTIAL CARE FACILITIES, SMALL UNLICENSED — INTEGRAL FACILITIESANTEGRAL USES — SINGLE FAMILY RESIDENTIAL P (D), (E) TWO - FAMILY RESIDENTIAL P (D) PUBLICAND SEMI - PUBLIC (A), (B), (C), (n, (K) CLUBS AND LODGES UP UTILITIES, MINOR P ACCESSORY USES (A), (B), (C), (K) ACCESSORY STRUCTURES AND USES P/UP (F) 11287.0005/1019083.1 13 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" Residential Development: Land Use Regulations P = Permitted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Reaulationsl = Not Permitted Residential Additional Regulations TEMPORARY USES (A), (B), (C), (K) PERSONAL PROPERTY SALES P (G) REAL ESTATE OFFICES, TEMPORARY L -2 Residential Development: Additional Land Use Regulations 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: 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. 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 A Business License pursuant to Chapter 5.04 of the Municipal Code. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 of the Municipal Code. 11287.0005/1019083.1 14 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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) Purposely left blank. (J) No residential use constituting a single housekeeping unit 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. (1) 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 8. Section 20.41.070 (Commercial Development: Land Use Regulations) of Chapter 20.41 (Specific Plan District #4 Newport Shores) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: "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. 11287.0005/1019083.1 15 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 PUBLIC AND SEMI - PUBLIC CLUBS AND LODGES - -- CULTURAL INSTITUTIONS P DAY CARE, GENERAL UP RELIGIOUS ASSEMBLY L-1 UTILITIES, MINOR P COMMERCIAL USES ANIMAL SALES AND SERVICES - ANIMAL BOARDING - -- -ANIMAL GROOMING PD/U -ANIMAL HOSPITALS UP -ANIMAL RETAIL SALES PD/U ARTISTS' STUDIOS P BANKS /SAVINGS AND LOANS P -WITH DRIVE- UP/DRIVE THROUGH SERVICE UP 11287.0005/1019083.1 16 (A), (B), (C) (K) (K) (A), (B), (C) (G) 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 Regulations 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) - 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 PDIU (G) PERSONAL SERVICES 11287.000511019083.1 17 0 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 - 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 TM EE-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) 11287.0005/1019083.1 18 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 L -1 Limited to facilities occupying less then 5,000 square feet; use permit required. 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 seven or more persons shall be limited to above the first floor, where the first floor is occupied by a permitted use or use permitted with a use permit. (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 Chapter 20.82, Eating and Drinking Establishments. (E) See Chapter 20.87, Massage Establishments. (F) See Chapter 20.80, Automobile Service Stations. (G) See Section 20.60.085, Uses Requiring City Manager Approval. (H) See Chapter 20.84, Time Share Developments. (I) Special events permit required, see Chapter 5.10 of the Municipal Code. (J) See Section 20.60.105, Outdoor Storage and Display. (K) See Chapter 20.89, Alcoholic Beverage Outlets. 11287.000511019083.1 19 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" Section 9. Paragraph `B" of Section 20.43.040 (Commercial Development: Land Use Regulations) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: Section 20.43.040 (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. Commercial Land Use 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), (l), (N), (0), (P) GROUP RESIDENTIAL — — — 11287.0005/1019083.1 20 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 PUBLIC AND SEMI - PUBLIC CLUBS AND LODGES CULTURAL INSTITUTIONS DAY CARE, GENERAL GOVERNMENT OFFICES MARINAS RELIGIOUS ASSEMBLY UTILITIES, MINOR 11287.0005/1019083.1 21 (A), (B), (C), (n> (0), (P) UP L -5 UP (M) – UP - -- UP UP P - -- (E) - -- - -- UP P P P SR RMC RSC Additional Regulations SINGLE FAMILY RESIDENTIAL L -1 L -1 L -1 MULTI - FAMILY RESIDENTIAL L-1 L -1 L -1 PAROLEE/PROBATIONER HOME -- - -- - -- RESIDENTIAL CARE FACILITIES, SMALL LICENSED I-1 I-1 I-1 RESIDENTIAL CARE FACILITIES, GENERAL — — — RESIDENTIAL CARE FACILITIES, SMALL UNLICENSED – — — INTEGRAL FACILITIESANTEGRAL USES — — — TWO - FAMILY RESIDENTIAL L -1 L -1 L -1 PUBLIC AND SEMI - PUBLIC CLUBS AND LODGES CULTURAL INSTITUTIONS DAY CARE, GENERAL GOVERNMENT OFFICES MARINAS RELIGIOUS ASSEMBLY UTILITIES, MINOR 11287.0005/1019083.1 21 (A), (B), (C), (n> (0), (P) UP L -5 UP (M) – UP - -- UP UP P - -- (E) - -- - -- UP P P P 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" Commercial Land Use Regulations P = Permitted UP = Use permit PD/U = Use Permit issued by the Planning Director L = Limited (see Additional Use Regulation) = Not Permitted SR RMC RSC Additional Regulations COMMERCLAL USES (A), (B), (C), (I), (0), (P) 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 (I), (M) EATING AND DRINKING ESTABLISHMENTS UP UP UP -FULL SERVICE, HIGH TURNOVER UP UP UP (F), (), (IvT) -FULL SERVICE, LOW TURNOVER UP UP UP (F), (I), (M) -FULL SERVICE, SMALL SCALE PD/U PD/U PD/U (F), (.1), (IvT) -TAKE -OUT SERVICE UP UP UP (F), (.1), (IvT) - TAKE -OUT SERVICE, LIMITED PD/U PD/U PD/U (F), (.1), (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 11287.0005/1019083.1 22 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 - RETAIL MARINE SALES OFFICES, BUSINESS AND PROFESSIONAL PERSONAL IMPROVEMENT SERVICES PERSONAL SERVICES -DRY CLEANERS - LIMITED -SELF SERVICE LAUNDRIES RETAIL SALES TRAVEL SERVICES VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS - HOTELS, MOTELS AND TIME- SHARES INDUSTRW P — L -2 SR RMC RSC Additional Regulations -BOAT RENTAL AND SALES - -- P - -- (E), (1) -BOAT STORAGE - -- P - -- (E), (1) -BOAT YARDS - -- P — (E), (1) - ENTERTAINMENT AND EXCURSION SERVICES L -9 L -9 L-9 (E), (1) - MARINE SERVICE STATION - -- UP — (E) - RETAIL MARINE SALES OFFICES, BUSINESS AND PROFESSIONAL PERSONAL IMPROVEMENT SERVICES PERSONAL SERVICES -DRY CLEANERS - LIMITED -SELF SERVICE LAUNDRIES RETAIL SALES TRAVEL SERVICES VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS - HOTELS, MOTELS AND TIME- SHARES INDUSTRW P — L -2 L-4 L-2 UP L -5 UP (n — L -7 P (G) — UP P L -7 P — — UP L -3 P P P L-6 P 11287.0005/1019083.1 23 PD/U PD/U PD/U UP UP UP (K) (A), (B), (C), (1), (P) 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 INDUSTRY, CUSTOM - -- L-7 - -- INDUSTRY, LIMITED - -- L-7 - -- INDUSTRY, MARINE- RELATED - -- UP UP (E) 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 11287.0005/1019083.1 24 P/UP P/UP P/UP P P L-8 L-8 P P P P P P L-8 L-8 P --- L-8 L-8 P P P P (A), (B), (C), (P) (A), (B), (C), (P) P (H) L-8 (B) P (H) P (H) P (H) L-8 (L) P (1) L-8 (B) P (H) P (H) 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" Cannery Village/McFadden Square Specific Plan District: Additional Commercial Land Use Regulations L -1 Limited to above the first floor, where the first floor is occupied by a permitted use or use permitted with a use permit- L-2 Business and professional offices not providing services to the general public or not ancillary to an otherwise permitted use, such as corporate offices, shall be permitted only above the first floor. Services involving the assembly or meetings of seven or more persons shall be limited to above the first floor, where the first floor is occupied by a permitted use or use permitted with a use permit 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 seven or more persons shall be limited to above the first floor, where the first floor is occupied by a permitted use or use permitted with a use permit. 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. 11287.000511019083.1 25 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" (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. () 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) No residential use constituting a single housekeeping unit 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. (0): Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (P): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. 11287.000511019083.1 26 2 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" Section 10. Section 20.43.060 (Residential Land Use Regulations) of Chapter 20.43 (Specific Plan District 46 Cannery Village/McFadden Square) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: 20.43.060 Residential Land Use Regulations A. Land Use Designations. established: SP -6 (R -1) District. 2. SP -6 (R -2) District. The following residential land use designations are 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. Cannery Village/McFadden Square Spec Plan District: Residential Land Use Regulations 11287.000511019083.1 27 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" INTEGRAL FACILITIESANTEGRAL USES SINGLE FAMILY RESIDENTIAL TWO - FAMILY RESIDENTIAL COMMERCIAL VEHICLE/EQUIPMENT SALES AND SERVICES - COMMERCIAL PARKING FACILITY ACCESSORY USES ACCESSORY STRUCTURES AND USES — — R -1 R -2 MFR Additional --- Regulations RESMENTML (A), (B), (C), (E), (F), (G) 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 - -- — P PAROLEE/PROBATIONER HOME - -- – – RESIDENTIAL CARE, GENERAL — — UP RESIDENTIAL CARE FACILITY, SMALL LICENSED P P P RESIDENTIAL CARE FACILITY, SMALL NONLICENSED — — UP INTEGRAL FACILITIESANTEGRAL USES SINGLE FAMILY RESIDENTIAL TWO - FAMILY RESIDENTIAL COMMERCIAL VEHICLE/EQUIPMENT SALES AND SERVICES - COMMERCIAL PARKING FACILITY ACCESSORY USES ACCESSORY STRUCTURES AND USES — — UP P P P — P --- (A), (B), (C), (G) UP UP UP (A), (B), (C), (G) P/UP P/UP P/UP Cannery Village/McFadden Square Specific Plan District: Additional Residential Land Use Regulations (A) See Section 20.60.025: Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses- 11287.0005/1019083.1 28 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" (C) See Section 20.60.050: Outdoor Lighting. (D) See Section 20.60.130: Day Care Facilities for Children. (E): 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. (F): Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (G): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. Section 11. Paragraph "B" of Section 20.44.035 (Residential Equestrian District: SP -7 (REQ)) of Chapter 20.44 (Specific Plan District 47 Santa Ana Heights) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: 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). 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91: 11287.000511019083.1 29 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 12. Paragraph `B" of Section 20.44.040 (Residential Single Family District: SP -7 (RSF)) of Chapter 20.44 (Specific Plan District #7 Santa Ana Heights) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: Section 20.44.040 Residential Single family District: SP -7 (RSF) 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." 11287.0005/1019083.1 30 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" Section 13. Paragraph `B" of Section 20.45.030 (Land Use Regulations) of Chapter 20.45 (Specific Plan District #8 Central Balboa) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: Section 20.45.030 Land Use Regulations 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 'FDIC" 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 = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Land Use Regulations) -- = Not Permitted RSC RP R -2 MFR GEIF OS Additional Regulations RESIDENTIAL (A), (B), (C), (M), (T), (U), 11287.0005/1019083.1 31 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" Central Balboa: Land Use Regulations P = Pernutted UP = Use permit PDIU = Use permit issued by the Planning Director L = Limited (see Additional Land Use Regulations) - -- = Not Permitted USES SINGLE FAMILY RESIDENTIAL L -1 P P P -- L -2 (R) TWO - FAMILY RESIDENTIAL L -1 P P P -- -- (R) PUBLICAND SEMI - PUBLIC (A), (B), (C), (N), (U), (V) CLUBS AND LODGES - -- - -- L -3 L -3 L4 -- (0) 11287.000511019083.1 32 RSC RP R -2 MFR GEIF OS Additional Regulations (V) DAY CARE, LIMITED (Q) -LARGE FAMILY CHILD HOMES - -- - -- PDIU PDIU -- -SMALL FAMILY CHILD CARE HOMES -- P P -- GROUP RESIDENTIAL — -- — — — — MULTI - FAMILY RESIDENTIAL L-1 --- --- P --- -- (R) PAROLEEIPROBATIONER HOME -- - -- - -- - -- -- RESIDENTIAL CARE FACILITIES, — — — UP — — GENERAL RESIDENTIAL CARE FACILITIES, U1 P P P — — SMALL LICENSED RESIDENTIAL CARE FACILITIES, — — — UP — — SMALL NONLICENSED INTEGRAL FACILITIESANTEGRAL — — — UP — — USES SINGLE FAMILY RESIDENTIAL L -1 P P P -- L -2 (R) TWO - FAMILY RESIDENTIAL L -1 P P P -- -- (R) PUBLICAND SEMI - PUBLIC (A), (B), (C), (N), (U), (V) CLUBS AND LODGES - -- - -- L -3 L -3 L4 -- (0) 11287.000511019083.1 32 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 Regeulations) - -- = Not Permitted COMMERCL4L USES ANIMAL SALES AND SERVICES - ANIMAL GROOMING PD/U -ANIMAL HOSPITALS UP 11287.0005/1019083.1 33 (A), (B), (C), M,(U),(U) RSC RP R -2 MFR GEIF OS Additional Regulations CONVALESCENT FACILITIES UP UP -- -- (D) CULTURAL INSTITUTIONS - -- - -- — -- L4 - -- (0) DAY CARE, GENERAL UP — -- (D), (ty GOVERNMENT OFFICES P — -- L4 - -- HELIPORTS UP UP UP UP L -4 UP (E) HOSPITALS - -- - -- - -- - -- L -4 - -- MARINAS P -- — UP (F) PARK AND RECREATION FACILITIES P L -3 L -3 L -3 — P PUBLIC SAFETY FACILITIES UP -- - -- L-4 - -- RELIGIOUS ASSEMBLY — - -- - -- - -- L-4 - -- SCHOOLS, PUBLIC AND PRIVATE — - -- - -- - -- L-4 - -- UTILITIES, MAJOR UP UP UP UP L-4 UP UTILITIES, MINOR P P P P P P COMMERCL4L USES ANIMAL SALES AND SERVICES - ANIMAL GROOMING PD/U -ANIMAL HOSPITALS UP 11287.0005/1019083.1 33 (A), (B), (C), M,(U),(U) 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 11287.0005/1019083.1 34 RSC RP R -2 MFR GEIF OS Additional Regulations -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), (1), (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), (1), (0) - ACCESSORY P - -- - -- - -- P - -- (G), (H), (1), (0) -BARS AND COCKTAIL LOUNGES UP --- --- -- (G), (H), (1), (0) FOOD AND BEVERAGE SALES P - -- - -- - -- - -- -- (0) FUNERAL AND INTERNMENT SERVICES UP --- --- --- --- -- MAINTENANCE AND REPAIR SERVICES P P - -- - -- - -- -- (D), (Ivi) 11287.0005/1019083.1 34 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 11287.0005/1019083.1 35 RSC RP R -2 MFR GEIF OS Additional Regulations MARINE SALES AND SERVICES -BOAT RENTAL, AND SALES UP --- --- --- --- -- (F), (M) - ENTERTAINMENT AND EXCURSION L -10 - -- - -- - -- - -- -- (F) SERVICES - MARINE SERVICE STATION PD/U - -- -- - -- - -- (F) - RETAIL MARINE SALES P --- -- --- --- NURSERIES P --- --- --- --- --- OFFICES, BUSINESS AND PROFESSIONAL L -11 L -11 - -- - -- - -- - -- (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 --- -- -- 11287.0005/1019083.1 35 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 Reaulationsl - -- = Not Permitted ACCESSORY USES ACCESSORY STRUCTURES AND USES TEMPORARY USES ANIMAL SHOWS CHRISTMAS TREE/PUMPKIN SALES (A), B), (C), P/UP P/UP P/UP P/UP P/UP - -- (L) P--- --- --- P L-9 --- --- --- — 11287.0005/1078083.1 36 (A), (B), (C), (U) P (K) -- B) RSC RP R -2 MFR GEIF OS Additional Regulations SECONDHAND 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 (A), B), (C), P/UP P/UP P/UP P/UP P/UP - -- (L) P--- --- --- P L-9 --- --- --- — 11287.0005/1078083.1 36 (A), (B), (C), (U) P (K) -- B) 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 Re ationsl -- = Not Permitted 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 1-1 See Section 20.45.035 (B). 1-2 Permitted as a security guard or caretakers residence. 1-3 Limited to facilities developed as part of a residential development. 1-4 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. 1-5 Limited to facilities occupying less then 5,000 square feet; use permit required. 11287.000511019083.1 37 RSC RP R -2 MFR GEIF OS Additional Regulations CIRCUSES AND CARNIVALS P - -- - -- - -- P P (K) COMMERCIAL FaMNG, 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 1-1 See Section 20.45.035 (B). 1-2 Permitted as a security guard or caretakers residence. 1-3 Limited to facilities developed as part of a residential development. 1-4 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. 1-5 Limited to facilities occupying less then 5,000 square feet; use permit required. 11287.000511019083.1 37 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" L-6 Permitted with a use permit as part of a park or recreational facility. L-7 Offices only, no vehicles stored on premises. L-8 Permitted only when adjacent to a commercial district. L-9 Subject to the approval of the Planning Director. L -10 Permitted, provided operations have first secured a marine activities permit issued by the Harbor Resources Director (see Chapter 17.10 of the Municipal Code). L -11 Permitted, however, services involving the assembly or meetings of seven or more persons shall be limited to above the first floor, where the first floor is occupied by a permitted use or use permitted with a use permit. (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. (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. 11287.0005/1019083.1 38 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 2. That the operator of the food service use has submitted a practical program for monitoring and implementing the clean -up of site and adjacent areas. (J) Independent massage establishments not permitted (See Chapter 20.87: Massage Establishments). (K) Special event permit required, see Chapter 5.10 of the Municipal Code. (L) See Section 20.60.100: Home Occupations in Residential Districts. (M) See Section 20.60.105: Outdoor Storage & Display. (I) 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): No residential use constituting a single housekeeping unit 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. (T): Persons with disabilities may request a reasonable accommodation from the provisions of the zoning ordinances under Chapter 20.98: Reasonable Accommodations. (U): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code. Section 14. Chapter 20.62 (Nonconforming Structures and Uses) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: 11287.000511019083.1 39 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" "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 Parking 20.62.060 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 develop- ment 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. 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. 11287.0005/1019083.1 40 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 shall commence an action or proceedings for the abatement and removal of the use or structure pursuant to the provisions of Chapter 20.96. 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 11287.0005/1019083.1 41 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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: 1. 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: L 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). 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: 1. 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 11287.0005/1019083.1 42 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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. 3. Nonconforming 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 if the following findings are made in addition to those findings specified in Chapter 20.91. 1. 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 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). (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 -I — D3). (3) Addition of a new room provided that there is no net increase in the number of habitable rooms, upon the 11287.0005/1019083.1 43 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 Parkina Snaces. 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: 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). 11287.000511019083.1 44 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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: 1. 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 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. 20.62.060 Landmark Buildings A. Pu=s . 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. Anrllicability. 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: 11287.0005/1019083.1 45 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" I. 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. Exemption s. 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 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 2082 . 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 entertainment use that occurred on a regular basis within the structure from its inception to January I, 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 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 11287.0005/1019083.1 46 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" (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. 7. The facade 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. 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 11287.0005/1019083.1 47 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 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 Destroved or Daman. 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 11287.000511019083.1 48 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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. 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. Acing 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. 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. 4. The abatement period expires as set forth in Section 20.62.090. 11287.0005/1019083.1 49 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" B. 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.E of this chapter. 20.62.090 /" Abatement Time Periods for Abatement. Nonconforming uses shall be abated and terminated upon the expiration of the periods of time set forth below. 1. 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 completion of an inventory containing the use pursuant to Section 20.62.090.B. 2. Nonconforming Use of Land Involving a Structure In any district, the nonconforming uses of land wherein a structure is involved shall be discontinued within the following maximum time limits: 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, following staff completion of an inventory containing the use pursuant to Section 20.62.090.13, a nonconforming use of land involving a structure shall be discontinued within (i) one year, or (ii) at expiration of a residential lease on the property, or (iii) at expiration of any current operating license that is required by State law, whichever is earliest. The remaining period on a residential lease may be the applicable amortization period only if the residential lease was entered into prior to December 7, 2007. b. The applicable amortization period for a residential care facility under this Section 20.62.090.A.2.a may be extended, upon application to the Director on a form prescribed by the same, under one or both of the following circumstances: L When the owner or occupant has timely applied for a use permit or reasonable accommodation pursuant to Chapter 20.91A or Chapter 20.98 and is diligently pursuing that administrative process, as determined by the Director; ii. When the business own obligated to continue the provision of a more clients so long as any such cont customary term for the provision of shall exceed 60 days. 11287.0005/1019083.1 50 er or occupant is contractually program or service for one or ract provides for a normal and those services. No such term 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" Application for an extension under this Section 20.62.090.A.2.b is separate and apart from application for an extension under Section 20.62.090.C. A residential care facility may apply for an extension under either or both processes. 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. C. In nonresidential districts, and in areas where residential uses are not provided for in Planned Community Districts or Specific Plan Districts, the nonconforming use 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. d. 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 20.62.060), which may be changed, expanded, increased or intensified and structural alterations may be made subject to compliance with the provisions of Section 20.62.060. 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: 1. Inventory. Within ninety (90) 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 complete an 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. 2. Notice of Inventory. Following completion of the inventory, the City shall send written notice, by first class mail, to the occupants, lessees (if known) and owners of all properties, as shown on the last equalized assessment roll, identified by the inventory as nonconforming uses subject to abatement. The notice shall state the nonconformity, 11287.000511019083.1 51 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" delineate the applicable abatement period and describe procedures available to seek an extension of the abatement period. 3. Amendment of Inventory. An inventory may be amended from time to time and any use added thereto shall be subject to abatement pursuant to the procedures contained in this subsection 20.62.090 B. C. Extension of Abatement Period for Nonconforming Uses. 1. Purpose. A property owner may request an extension of the 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: 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 of the hearing shall be as specified in Chapter 20.91. 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 a 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 Hearing Officer shall consider: 11287.0005/1019083.1 52 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" a. The length of the abatement period in relation to the owner's investment in the use; 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. f. 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 properly of the action of the Commission 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. 1. 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, 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. E. Order of Abatement. 1. 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 immediately 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. 11287.0005/1019083.1 53 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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." Section 15. Paragraph "C" of Section 20.90.030 (Application Filing) of Chapter 20.90 (Zoning Administration) of Title 20(Planning and Zoning) is hereby amended to read as follows: "C. Required Signatures. The owner, lessee, or agent of the owner of the property affected may make application for discretionary approvals. The application shall be signed by the owner of record or may be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. The applicant shall make a statement in writing that he or she certifies under penalty of perjury that all the information contained in the application is true and correct. False statements therein will constitute grounds for denial or revocation as applicable. Section 16. Chapter 20.91 (Use Permits and Variances) of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: "Chapter 20.91 USE PERMrrs AND VARIANCES Sections: 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 11287.0005/1019083.1 54 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 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. 11287.0005/1019083.1 55 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 completed application. C. Resort 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. 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 business 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. 11287.0005/1019083.1 56 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" b. Nonresidential Districts. At least 10 business 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. 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 business 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 business 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 11287.0005/1019083.1 57 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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. 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. 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 20.91A 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. 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 11287.0005/1019083.1 58 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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. 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 4. The use is established; or 5. A time extension has been granted. In cases where a coastal permit is required, the time period shall not begin until the effective date of approval of the coastal permit. B. Time Extension. The Planning Director may grant a time extension for a use permit or variance for a period or periods not to exceed three years. An application for a time extension shall be made in writing to the Planning Director 11287.0005/1019083.1 59 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 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 ADDlications. 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." Section 17. A new Chapter 20.91 A entitled "Use Permits in Residential Districts" is hereby added to the Newport Beach Municipal Code to read as follows: "CHAffER 20.91A USE PERMITS IN RESIDENTIAL DISTRICTS 11287.0005/1019083.1 60 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" Sections: 20.91A.010 Purpose 20.91A.020 Use Limits to Continue Nonconforming Use 20.91A.030 Application Contents 20.91A.040 Development and Operational Regulations 20.91A.050 Required Findings 20.91A.010 Purpose. The purpose of this Chapter is as follows: 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 and implement the recovery and residential integration of the disabled, including those receiving treatment and counseling in connection with dependency recovery. In doing so, the City seeks to avoid the overconcentration of residential care facilities so that such facilities are reasonably dispersed throughout the community and are not congregated or overconcentrated in any particular area so as to institutionalize that area. 20.91A.020 Use Permits To Continue Nonconforming Use Any person whose use of property in a residential district has been rendered nonconforming by passage of the Ordinance adding this Chapter 20.91A may seek the issuance of a conditional use permit to continue the use so long as the application for that permit is completed and filed within ninety (90) days following the effective date of that Ordinance. 20.91A.030 Application Contents In addition to the application requirements contained in Chapter 20.90, 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 contain the following information: A. Facility Users. Number and types of users of the facility (including staff, clients, visitors, students, etc., as appropriate). B. Characteristics of Proposed Use. Hours of operation, types of activities, and typical attendance at activities. 11287.000511019083.1 61 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" C. Transportation and Parking. Expected parking demand and vehicular use; availability of public transportation or other means to transport facility users; if applicable, routes utilized to transport facility users off -site. D. Location Map. A location map showing all conditional uses within three blocks, including property addresses and a site plan showing uses and structures on adjacent parcels. E. Similar Uses. A list of other uses of the same type located in the City and the authorized capacity of such use, if any, as determined by a third party entity. The applicant shall provide evidence of the need for such use by the residents of the City based on published sources. The city may complete an independent review of this data, at the applicant's expense, to determine whether there is a need for such use by its residents. F. Applicant Information. The name and address of the applicant, including the name and address of the lessee, if the property is to he leased and is someone other than the applicant; and the name and address of the owner of the property for which a use permit is requested. If the applicant and /or lessee or owner is a partnership, corporation, firm or association, then the applicant/lessee shall provide the additional names and addresses as follows and such persons shall also sign the application: (i) every general partner of the partnership; (ii) every owner with a controlling interest in the corporation; or (iii) the person designated by the officers of a corporation as set forth in a resolution of the corporation that is he designated as the permit holder for the use permit. G. License and Permit History. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and /or permit has had such license and /or permit revoked or suspended, and the reason therefore. H. Similar Facilities. A list of addresses of all facilities similar to that for which a use permit is requested in the State of California owned or operated by the applicant(s) within the past five (5) years and whether such facilities have been found by state or local authorities to he operating in violation of state or local law. I. Operations and Management Plan. An operations and management plan to ensure compliance with state and local law. If the use permit is for a residential facility or a commercial facility that accommodates overnight stays, the operations and management plan shall also indicate the number of persons per bedroom, maximum number of occupants, typical length of stay, and any guest or client rules of conduct. 20.91A.040. Approval, Modification or Revocation of Use Permit A Hearing Officer, as referred to in Section 1.08.055, is hereby designated to approve, conditionally approve or disapprove applications for use permits, and the modification or 11287.0005/1019083.1 62 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" revocation thereof, in accordance with the procedures set forth in Chapter 20.91. Decisions of the Hearing Officer may be appealed to the City Council. Notwithstanding Section 20.95.060, the standard of review shall not be de novo and the City Council shall determine whether the findings made by the Hearing Officer are supported by substantial evidence presented during the evidentiary hearing. The City Council acting as the appellate body may sustain, reverse or modify the decision of the Hearing Officer or remand the matter for further consideration, which remand shall include either specific issues to be considered or a direction for a de novo hearing. 20.91A.050 Development and Operational Standards The following standards are applicable to uses granted a use permit under this Chapter. A. No staff, clients, guests, or any other users of the facility may smoke in an area from which the second hand smoke may be detected on any parcel other than the parcel upon which the facility is located. B. 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 or as set forth in the conditions of approval for a use permit. Each such plan shall provide a phone number by which the operator may be contacted at all times. If applicable, the operator shall comply with the business license provisions of Title 5 of this Code. C. In order to ensure that nonlicensed residential care facilities (small or general) are operating in a manner that is consistent with state and federal law and established industry standards and to ensure that operators do not have a pattern or practice of operating similar facilities in violation of state or local law, the standards listed below shall apply: 1. The facility shall not be required to be licensed by the State of California, however owners, managers, operators, and residents shall not provide any services onsite, which would require licensure of the facility under California law. 2. There shall be no more than two residents per bedroom plus one additional resident. Notwithstanding, upon request by the applicant for additional occupancy, the hearing officer has discretion to set occupancy limits based upon the evidence provided by the applicant that additional occupancy is appropriate at the site. In determining whether to set a different ocupancy limit, the Hearing Officer shall consider the characteristics of the structure, whether there will be an impact on traffic and parking and whether the public health, safety, peace, comfort, or welfare of persons residing in the facility or adjacent to the facility will be impacted. 3. If certification specific to the type of facility is available from a governmental agency or qualified nonprofit organization, the facility shall receive such certification including, without limitation, certification by Orange County under its Adult Alcohol and Drug Sober Living Facilities Certification Program. 11287.000511019083.1 63 2 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 4. 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 demonstrated pattern or practice of operating similar facilities in or out of the City of Newport Beach in violation of state or local law. S. 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 within the past five (5) years 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.060 Findings In addition to the findings required by Section 20.91.035, the Hearing Officer 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.050. B. The project includes sufficient on -site parking for the use, and traffic and transportation impacts have been mitigated to a level of insignificance. 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 or continued maintenance of the use will not contribute to changing the residential character of the neighborhood, such as by creating an overeoncentration of residential care uses in the vicinity of the proposed use. In making this finding or sustaining such a finding, the Hearing Officer and/or City Council shall consider, as appropriate, the following factors: 1. The proximity of the use location to schools, parks, other residential care facilities, outlets for alcoholic beverages and any other uses which could be affected by or affect the operation of the subject care facility; 2. The existence of substandard physical characteristics of the area in which the use is located such as lot widths, setbacks, narrow streets, limited available parking, short blocks, and other substandard characteristics which are pervasive in certain areas of the City of Newport Beach, including portions of West Newport, Lido Isle, Balboa Peninsula, Balboa Island, Corona Del Mar and Newport 11287.0005/1019083.1 64 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" Heights, which portions were depicted on a map referred to as the Nonstandard Subdivision Map presented to the Newport Beach Planning Commission on September 20, 2007; and 3. Whether, in light of the factors applied in subsections 20.91A.060.D1 and D2, it would be appropriate to apply the American Planning Association standard of permitting only one or two such uses per block or whether it would be appropriate to apply any other degree of separation of such uses, such as greater separation in those portions of the City of Newport Beach referred to in subsection 20.91A.060.D.2. E. The operation of buses and vans to transport residents to and from off -site activities does not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding area. F. Arrangements for delivery of goods are made within the hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. In approving or conditionally approving an application for a use permit, the Hearing Officer may impose conditions which are suitable to assure compatibility of the proposed use with all other uses in the vicinity. Section 18. Paragraph "E" of Section 20.96.040 (Revocation of Discretionary Permits) of Chapter 20.96 (Enforcement) of Title 20 (Planning and Zoning) is hereby amended to read as follows: "E. Required Findings. The person or body conducting the hearing shall revoke the permit upon making one or more of the following findings: 1. That the permit was issued on the basis of erroneous or misleading information or misrepresentation; 2. That the applicant has made a false or misleading statement of a material fact, or an omission of a material fact in the application for the permit. 3. That the terms of conditions of approval of the permit have been violated or that other laws or regulations have been violated; 4. That there has been a discontinuance of the exercise or the entitlement granted by the permit for one hundred eighty (180) consecutive days. 11287.000511019083.1 65 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" Section 19. A new Chapter 20.98 entitled "Reasonable Accommodation" is hereby added to the Newport Beach Municipal Code to read as follows: "Chapter 20.98 Reasonable Accommodation Sections: 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 accordance with federal and state fair housing laws, it is the purpose of this Chapter to provide reasonable accommodations in the City's 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 dwelling. 20.98.015 Review Authority The Hearing Officer, as referred to in Section 1.08.055, is hereby designated to 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 an applicant may request that the Hearing Officer hear the request for a reasonable accommodation at the same time as the other discretionary permit or approval. If the applicant does not request a simultaneous hearing, then the request for a reasonable accommodation shall not be heard until after a final administrative decision has been made regarding the other discretionary permit or approval. 20.98.020 Application for Reasonable Accommodation A. Aoulicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for 11287.0005/1019083.1 66 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability. B. Aunlication. An application for a reasonable accommodation from a zoning regulation, policy, or practice 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. C. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may 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: 1. Documentation that the applicant is: (i) an individual with a disability; (ii) applying on behalf of one or more individuals with a disability; or (iii) a developer or provider of housing for one or more individuals with a disability. 2. The specific exception or modification to the Zoning Code provision, policy, or practices requested by the applicant. 3. Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals 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 whether the findings required by Section 20.98.025.11 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. Hearing Officer Action. The Hearing Officer shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation concerning a Residential Care Facility or Use, including Integral Facilities and Integral Uses, and the modification or revocation thereof in compliance with Section 20.98.025.11 The reasonable accommodation request shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed for any other discretionary permit provided that, notwithstanding Section 20.95.060, the standard of review shall not be de novo and the City Council shall determine 11287.000511019083.1 67 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" whether the findings made by the hearing Officer are supported by substantial evidence presented during the evidentiary hearing. The City Council, acting as the appellate body, may sustain, reverse or modify the decision of the Hearing Officer or remand the matter for further consideration, which remand shall include specific issues to be considered or a direction for a de novo hearing. B. Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, which are required for approval: 1. The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws. 2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. 3. The requested accommodation will 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. The requested accommodation will not result in 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. 5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. 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 is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. 1. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. 2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. 3. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants. 11287.000511019083.1 68 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 4. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. D. 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. Whether the requested accommodation would fundamentally alter the character of the neighborhood. 2. Whether the accommodation would result in a substantial increase in traffic or insufficient parking. 3. Whether granting the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable Specific Plan. 4. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. 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 20.98.025.11, 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.B 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 makes the following findings: 1. The requested reasonable accommodation is consistent with the regulations identified in this subsection to the maximum extent feasible. 2. 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. 11287.000511019083.1 69 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 reasonable accommodation shall become effective until the decision to grant such accommodation 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. 20.98.030 Expiration, Time Extension, Violation, Discontinuance, and Revocation A. Expiration. Any reasonable accommodation approved in accordance with the terms of this Chapter 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 building permit has been issued and construction has commenced; 2. A certificate of occupancy has been issued; 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 Hearing Officer 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 Zoning Administrator no less than thirty (30) days or more than ninety (90) days prior to the expiration date. C. Notice. Notice of the Hearing Officer'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. Appeal 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. 11287.0005/1019083.1 70 12 -7 -07 DRAFT KEY ASPECTS OF ORDINANCE IN "BOLD" 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 necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The Zoning Administrator may request the applicant or his or 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." 11287.0005/1019083.1 71 I Nonstandard Subdivision Map MAP 20.91 A mrd Ow PACIFIC OCEAN 0 N 0-7 Group Residential Uses Proposed New City Ordinances Newport Beach City Council Tuesday, December 11th, 2007 City Council Study Session What we will cover ■ Background — Important Concepts & Definitions — Newport Beach and group residential • Facility numbers, general locations • Actions of the City since January 2007 ■ Key Aspects of the proposed ordinances, including: — Definitions ■ Integral Facilities, Integral Uses — Which types of uses allowed in which residential areas — Abatement of Existing Uses What we will cover ■ Key Aspects of the proposed ordinances (cont): — Use Permit Process for: • Existing Legal, Non - Conforming Uses • New or Proposed Uses • About the Use Permit conditions — Reasonable Accommodation ■ Timeline from Here, Opportunities for Public Input ■ For More Information Background ■ Persons in recovery are protected when it comes to housing opportunities. — CA Fair Employment and Housing Act (FEHA) — Federal Fair Housing Act (FHA) and Fair Housing Amendments Act (FHAA) • FHAA added "handicap" and familial status to FHA; • Handicap includes persons recovering from alcohol or drug addiction (but not persons currently using drugs or alcohol); • Cities are prohibited from adopting or enforcing policies that are discriminatory or have a "disparate impact" on members of a protected class — Cities are required to make "reasonable accommodation" in these cases, when asked. Background ■ Concepts and Definitions — "ADP" — The California Department of Alcohol and Drug Programs. ADP is in the business of licensing and certifying treatment facilities. — "Treatment" — according to ADP, there are 5 types: ■ Detoxification • Group Counseling • One -on -One Counseling • Educational Sessions • Development of a Treatment Plan It is ILLEGAL to provide treatment in an unlicensed facility. Background ■ Concepts and Definitions — A "Licensed 6 and Under" fewer persons, licensed bi State law (CA H &S Code F facilities must be treated other single family use. — a facility housing six or ADP to provide treatment. 11834.23) says that these ust as a City treats any )g. 5) — An "Unlicensed 6 and Under" — a facility housing six or fewer persons and is not intended to provide treatment — intended instead to be a place where people in sobriety reside (sleep, eat, recreate) while going to meetings or treatment elsewhere. It is not illegal to operate an unlicensed residential facility. (p•5) Background ■ Concepts and Definitions — Larger Facilities. Whether licensed or unlicensed, State law allows cities to apply use conditions and local zoning to facilities housing 7 or more residents (subject to Federal & State fair housing laws). (p.5) — "Integral Facility /Integral Use" — a concept whereby small and /or large facilities, licensed or unlicensed, are linked together with common staff, common management, or where clients interact from different facilities. (p.4) Background ■ Concepts and Definitions — "Reasonable Accommodation" — a requirement of Federal fair housing laws that says that persons who are disabled have a right to housing. If local regulations impair. that right, a person can ask that he or she be "reasonably accommodated" from that local regulation. (p.66). — "Group Residential " - a term referring to boarding or rooming houses, dormitories, fraternities, sororities and similar group residential uses (excludes residential care facilities). — "Legal, Non - Conforming" — a term meaning a land use or structure that was legal when it started (the codes allowed it at the time) but that later, codes changed — making the use or structure non - conforming to the new codes. There is no meaning behind a term: "illegal, non - conforming. '(p. 2) Background ■ Newport Beach's Situation: — We have: ■ 26 different ADP - Licensed treatment facilities *: — The 26 have 213 beds (licensed for 238 occupants); ■ 18 of the 26 are "6 and Unders" ■ Only 1 of the 26 is (possibly) not integrated with other facilities. ■ 3 of the 26 have no beds — office visits /meetings only. — Licenses for nine (9) more facilities (56 beds) are pending or anticipated to be requested from ADP; • All are proposed as "6 and Unders." • Only one of the 9 is not integrated with another facility. * For the purposes of this review, City is counting one dwelling unit as one licensed facility. Background ■ Newport Beach's Situation: — We have: ■ At least 54 known /confirmed unlicensed treatment facilities; — At least 48 of the 54 are operated integrally with other facilities (licensed and unlicensed); ■ 6 more will be in the city limits after 1 -1 -08: — Four are Yellowstone Recovery and two are "Lynn House" in West Santa Ana Heights. • Of the 60 that will be in the city when the ordinances take effect (Feb 2008), only 6 appear to be true stand -alone ventures. ■ City still attempting to verify others citywide. It is a very common business model in Newport Beach for operators to integrate facilities. Background (contd) ■ Newport Beach's Situation: —All known residential facilities + known pending licensed residential facilities except 16 (of 84) are on the Balboa Peninsula /West Newport — others are: • Lido Isle (3 licensed) • Newport Shores (1 & 1) • Newport Heights (3 unlicensed) • CDM (2 licensed, pending) • Newport Coast (1 licensed, pending) Background ■ The City, and many residents, believe that Newport Beach, especially parts of the Peninsula and West Newport, are over - concentrated with recovery facilities: — We have 14.6% of all licensed recovery beds in Orange County. — If California's 21,007 beds were distributed evenly across California's cities on a per capita basis, then Newport Beach would have 48 beds. We have 213 (this does not count the number of unlicensed beds). — Over - concentration may not be beneficial to persons in recovery and instead serves to proliferate an institutional like environment — This over - concentration may have impact on and change the character of neighborhoods. Actions of the City since January 2007 ■ January 07: — Asked Senator Harman to introduce SB 1000 (greater ability of cities to regulate group residential uses). — Formed the Intense Residential Occupancy Committee (IROC), met three times. ■ March 07: — Hosted Residential Recovery Facilities Conference. — 90+ cities attended, 300 people. ■ April & May 07: — Adopted and extended Moratorium on certain group residential uses. Actions of the City since January 2007 ■ July- August- September 07: — Development of draft ordinances with Goldfarb- Lipman — Planning Commission hearings — August, September — PC forwards recommended ordinance to Council on September 20, 2007. — New Special Counsel hired — Richards Watson Gershon (RWG) — Formation of special City Council subcommittee (Gardner, Henn, Rosansky). ■ October 07: — Moratorium extended for 12 months. ■ November 07: — Lawsuits filed against two operators, opening new or expanded facilities in violation of the Moratorium. — Development of drafts of new ordinances. The Proposed Ordinances The Proposed Ordinances ■ Key Aspects: - Group Residential are prohibited from all residential zones (ex. p. 6) — Definition of Integral Facilities and Integral Uses ■ a concept whereby small and /or large facilities, licensed or unlicensed, are linked together with common staff, common management, or where clients interact from different facilities. (p. 2 and p.4) The following types of new facilities would be prohibited from all residential zones except MFR: ■ All unlicensed facilities (of any size) ■ "7 and Over" licensed facilities ■ Integral Facilities and Integral Uses. — In MFR, these uses would require a Use Permit. Proposed Zoning —New Facilities Proposed zoning for Group Residential Uses Facility Type R -1 R -1.5 R -2 MFR Licensed 6 and Under - - - - Licensed 6 and Under Prohibited -d -d - Allowl d (operating integrally) a Use Permit Unlicensed 6 and Under P -d Prohibited Prohibited Allowed with (integral or not) a Use Permit 7 and Over Prohibited Prohibited Prohibited Allowed with (Licensed or Unlicensed) a Use Permit All Other Prohibited Prohibited Prohibited Prohibited Group Residential Uses The Proposed Ordinances ■ Key Aspects: . Existing Facilities — Use Permit Process (p. 61) • All must apply for a UP within 90 days of Feb 22, 2008; • At same time, City conducts Inventory (p.51); • Hearing Officer considers UP applications at noticed public hearings. The Proposed Ordinances ■ Key Aspects: — Existing Facilities — Use Permit Process (p. 61) ■ Hearing Officer reviews multiple criteria, including but not limited to: - 2 Persons per bedroom standard; — No secondhand smoke leaving the property; — Operator compliance with all laws; — Transport, parking, delivery plans; — Consistency with operations /management plan; and — Compatibility with neighborhood. The Proposed Ordinances ■ Key Aspects: — What does compatibility with neighborhood mean so that institutionalization and overconcentration of the use does not occur or contributes to changing the character of the neighborhood? — The Hearing Officer can consider (p.64 -65): ■ How close the proposed use is to schools, parks, other group uses, and alcoholic beverage outlets; and The Proposed Ordinances ■ Key. Aspects: — The Hearing Officer also can consider (p.64 -65): ■ Whether the existence of non - standard lots and other property characteristics (linking back to the Nonstandard Subdivision Map makes such a use inappropriate; and ■ Whether the Hearing Officer should deem that the American Planning Association's (APA) standard of permitting one or two group uses per block would be appropriate in this case OR whether a greater degree of separation is appropriate. The Proposed Ordinances ■ Key Aspects: — A Process for Abatement of Existing Uses (except stand -alone ADP - licensed 6 and Unders) where non - conforming (R -1, R -1.51 R -2). (p.41) if facilities do not apply for and receive a Use Permit (p.41 and p.61). The Proposed Ordinances ■ Key Aspects: — Time Period of Abatement (p.50) ■ Within one year; or • At the end of their residential lease period; or • At the end of a 2 -year licensing period, whichever is earliest. — Extension permitted in certain circumstances (p.50) ■ If UP or Reasonable Accommodation is Diligently Pursued; ■ To fulfill contractual obligations. The Proposed Ordinances ■ Key Aspects: — Reasonable Accommodation (p.66): ■ Ordinance sets forth a process compliant with Federal fair housing law by which a person can ask for reasonable accommodation from City's zoning and land use regulations policies and practices when need to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. The Proposed Ordinances ■ Key Aspects: — Reasonable Accommodation (p.66) : ■ Application Process — Applicant may be a person with a disability or provider of housing for individuals with disabilities (p.67) — Documentation that states the exception or modification requested that is necessary to provide a disabled person an equal opportunity for housing (p.67) — Findings required to approve, conditionally approve or deny the request (p.68) Timeline from Here • Today's Study Session — This presentation on Draft Ordinance. — Public Comments welcomed (this afternoon and tonight). • Today through January 8, 2008: — More comments welcomed (e- mails, letters, phone calls, etc). — RWG revises draft ordinances based on input. • January 81h —1s' Reading of Ordinance — More public comments as a regular agenda item. • January 8th through January 22nd 2008 — More comments welcomed (e- mails, letters, phone calls, etc) — RWG may revise draft ordinances based on input. • January 22nd — 2nd Reading of Ordinance + Adoption. — More public comments as a regular agenda item. — Inventory begins • February 22nd, 2008 — Ordinance takes effect and moratorium expires. — Inventory underway • May 22, 2008 — Existing Uses must have applied for UP by this date. For More Information ■ City's website: Residential Uses" or ca.us then "Group ncil Agendas" • E -mail us: — City Council page or — dkifF @city.newport- beach.ca.us • Call us: — 949 - 644 -3002 ■ Write us: Newport Beach City Council 3300 Newport Boulevard Newport Beach, CA 92663 City of Newport Beach: Ordinances to Regulate Residential Care and related "Group Home" Uses CONCERNED CITIZENS OF NEWPORT BEACH (CCNB) December 11, 2007 Proprietary 3 - / Il -o 7 �•�1Ji�il►�i ■ This is not a new issue: Citizens asking for reasonable regulation since 2003 ■ Residential Treatment facilities: 5 Licensed in 2003 + 24 -26 in 2007 = Increase of 5x ■ Est. 100 -200 beds in 2004 + over 1,000 beds in 2007 (Licensed and Unlicensed) ■ 2007: 220 beds ADP - Licensed; -800 beds: Unlicensed facilities Proprietary 30 25 20 15 10 5 0 # ADP - Licensed Facilities ap 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007 9 M 2 OVER - CONCENTRATION ■ 110+ Facilities located in 1.5 -mile coastal neighborhood ■ Facilities located in dense residential neighborhoods, creating Institutionalization ■ Adverse impacts: Damaging to residents, neighborhood, community at large; and the "disabled " /addicts ■ Over - concentration in the City at large and coastal Impacted Area particularly, the worst in California ■ City admits that the 219 beds in ADP licensed facilities constitute Over - concentration: Does not include the ~800 Unlicensed beds Proprietary 5 OVER - CONCENTRATION ■ Almost all facilities located in dense, coastal residential area and immediate surrounds: 1.5 -mile stretch — Balboa Peninsula — Lido (Isle, Village, and Peninsula) — West Newport ■ Extending to immediate surrounds: — Newport Heights — Corona del Mar & Harbor View Hills — Santa Ana Heights Proprietary 6 CHARACTERISTICS OF COASTAL COMMUNITY INTENSIFYING IMPACTS OF OVER - CONCENTRATION ■ Evolved lot uses, not Master - Planned Communities ■ R1, 1.5, 2 mixed together as Single Family neighborhood ■ Lots small and narrow ■ Small, substandard set -backs (generally several feet separation between residences) • Blocks generally < 200 -300 feet • Density creates parking, traffic, smoking exposure, and other health - related problems ■ Neighborhood Resident Profile: — Families & professionals — Retired people — Primary & secondary homes — All value healthy, open environment of beach and bay area, safety for families & seniors Proprietary 7 WHY A PLANNING -BASED SOLUTION IS IMPORTANT ■ Careful planning and management to maintain synergistic, compatible Uses ■ Maintain integrity of residential neighborhoods ■ Avoid Institutionalization, which is detrimental to neighbors, the community, and disabled addicts ■ Support objectives of General Plan Proprietary 8 IMMEDIATE REMEDIAL ACTION PLAN NEEDED FOR IMPACTED AREA ■ Over - concentration / Institutionalization needs immediate Remedial Action Plan ■ Planning -based solution consistent with General Plan, public interest, intent of nondiscrimination laws: — Overlay Zone for dense, coastal neighborhoods — Criteria reflect 1,000 -ft. separation to eliminate Over - concentration — Consolidation of facilities (and dispersal throughout City) ■ Unlicensed facilities — prohibited Use ■ Clarify Use Permit Standards & Findings, Reasonable Accommodation — Standards addressing: hazards, noise, trash, parking, health and safety — Distance from, and compatibility with, surrounding Uses — Consistency with General Plan, and Specific Plan, if applicable — Whether property and existing structures are suitable to accommodate the Use Proprietary 9 10 a.- 1, 1 ¢ - ( i s ��`. ♦, _ -�'� >;�s' �.ily�','M`�,��,na�9lYtf7� vvI >h �+"�'i v�i"y � �� � i , off Impacted Aromas ; 12 EXISTING USES 1. No Grandfathering. 2. Non - conforming Use triggers on Ordinance Effective Date 3. Immediate abatement of illegal Uses DO THE RIGHT THING — ACT NOW Proprietary 13