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Home My WebLink About06 - Initiation of Zoning Code and LCP Amendments Related to Residential Care Facilities (PA2021-292)Q �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report January 11, 2022 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Matt Schneider, Principal Planner PHONE: 949-644-3210, mschneider@newportbeachca.gov TITLE: Resolution No. 2022-3: Initiation of Zoning Code and LCP Amendments Related to Residential Care Facilities (PA2021-292) ABSTRACT: For the City Council's consideration is a resolution to initiate amendments to Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning) and NBMC Title 21 (Local Coastal Program Implementation Plan) related to the City's residential care facility regulations. RECOMMENDATION: a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and b) Adopt Resolution No. 2022-3, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Residential Care Facilities (PA2021-292). DISCUSSION: Zoning Code Section 20.66.020 (Initiation of Amendment) provides that a code amendment may be initiated by the City Council, with or without a recommendation from the Planning Commission. City Council Policy K-1 (General Plan and Local Coastal Program) provides that a City of Newport Beach (City) sponsored amendment to the certified Local Coastal Program (LCP) shall be initiated by the City Council. This agenda item is not a public hearing. Should the City Council choose to initiate these proposed amendments, the specific text changes will be drafted and considered by both the Planning Commission and the City Council at future public hearings. 6-1 Resolution No. 2022-3: Initiation of Zoning Code and LCP Amendments Related to Residential Care Facilities (PA2021-292) January 11, 2022 Page 2 On October 26, 2021, the City Council created a Residential Care Facilities Ad Hoc Committee to provide recommendations to the entire City Council regarding matters pertinent to updating the City's residential care facilities standards including but not limited to: ensuring local standards are consistent with state and federal law, recommending legislative policies and or positions regarding state laws related to the regulation of residential care facilities, and reviewing and if warranted recommending changes to the City's code enforcement protocols related to residential care facilities. The City only has land use authority for residential care facilities that serve seven or more occupants. Residential care facilities that serve six or less occupants are permitted by the state and the City has no land use authority. The proposed amendments will focus on standardizing application requirements for residential care facilities which are subject to City permitting (seven or more occupants) as well as establishing standard conditions of approval. Potential application requirements may include provisions such as intake procedures, relapse policies and staff qualifications. Potential conditions of approval may include provisions such as transportation responsibilities for residents upon program completion or eviction, facility inspections, and onsite Narcan requirements. Staff anticipates presenting amendment recommendation to the Planning Commission in February 2022 before returning to the City Council with the Planning Commission's recommendation in early March 2022. :9 k*T@Y± 1 I M I ETO 6 There is no fiscal impact related to this item ENVIRONMENTAL REVIEW: The initiation of zoning and LCP amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. No final action on any amendments will occur at this meeting and the initiation of the amendment does not have any legally binding effect upon future consideration of the amendments themselves. The City will conduct an environmental review prior to the consideration of approval of the amendments. NOTICING: The Municipal Code does not require notice for the initiation of amendments. Notice of this item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Should the City Council initiate the amendment, public notice will be provided for subsequent public hearings before the Planning Commission and the City Council as required by the Municipal Code. Additionally, notice of the LCP amendments will be sent to all persons and agencies on the Notice of the Availability mailing list. /_Air_[d:IJil4LIk9 Attachment A — Resolution No. 2022-3 6-2 Attachment A Resolution No. 2022-3 6-3 RESOLUTION NO. 2022-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AMENDMENTS TO TITLE 20 (PLANNING AND ZONING) AND TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO RESIDENTIAL CARE FACILITIES (PA2021-292) WHEREAS, Section 20.66.020 (Initiation of Amendment) of the Newport Beach Municipal Code ("NBMC") provides that the City Council of the City of Newport Beach ("City Council") may initiate an amendment to Title 20 (Planning and Zoning) with or without a recommendation from the Planning Commission; WHEREAS, City Council Policy K-1 entitled "General Plan and Local Coastal Program" requires amendments to the City of Newport Beach certified Local Coastal Program codified in Title 21 (Local Coastal Program Implementation Plan) of the NBMC to be initiated by the City Council; WHEREAS, changes in state law as well as the operational characteristics of residential care facilities have occurred since the last comprehensive update to the City's residential care facilities standards were adopted; WHEREAS, the City Council created a Residential Care Facilities Ad Hoc Committee on October 26, 2021, to provide a recommendation to the entire City Council regarding matters pertinent to updating the City's residential care facilities standards including but not limited to: ensuring local standards are consistent with state and federal law, recommending legislative policies and or positions regarding state laws related to the regulation of residential care facilities and reviewing and if warranted recommending changes to the City's code enforcement protocols related to residential care facilities; and WHEREAS, the City Council in coordination with the Residential Care Facilities Ad Hoc Committee desires to amend Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC related to residential care facilities. These amendments are intended to ensure the City's residential care facilities standards are in line with current state and federal law and permitting practices of other jurisdictions that have evolved since the last comprehensive update to the City's residential care facilities standards were adopted. 0 Resolution No. 2022 - Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby initiates amendments to Title 20 (Planning and Zoning) of the NBMC and Title 21 (Local Coastal Program Implementation Plan) of the NBMC related to residential care facilities. Section 2: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative portion of this resolution. Section 4: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA"), pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. 6-5 Resolution No. 2022 - Page 3 of 3 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 11th day of January, 2022. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 00