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Home My WebLink AboutCode Amendment 2006-005 - Group Residential Facilities - PA2006-198CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT TO: PLANNING COMMISSION FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 PalfordCcDcity. newoort- beach.ca. us SUBJECT: Code Amendment 2006 -005 Group Residential Facilities (PA 2006 -198) ISSUE: Agenda Item No. 4 October 19, 2006 Should Title 20 (Zoning Code) of the Newport Beach Municipal Code be amended to revise regulations relating to Group Residential Facilities? Adopt the attached resolution recommending approval of Code Amendment No. 2006- 005 to the City Council. DISCUSSION: Background: The City Council initiated the proposed amendment on September 26, 2006. Introduction: The City has an ongoing code enforcement problem in neighborhoods zoned for single - family dwelling units. Rooms in single - family dwelling units are being rented as individual units, thus operating as multi - family dwelling units in single - family zones. This practice is impacting the character of these neighborhoods and the availability of off - street parking. Multi- family dwelling units are not permitted in single - family residential zones. However, enforcement is difficult because the types of improvements that constitute a separate or independent living facility.are difficult to observe off -site and can easily be concealed or removed prior to inspection. Therefore, it is difficult to prove that the occupants are living separately or independently from one another and not as a "single housekeeping unit" (i.e., the functional equivalent of a traditional family). Group Residential Facilities October 19, 2006 Page 2 Analysis Group Residential facilities are shared living quarters that lack separate kitchen and bathroom facilities for each room or unit or any other shared living quarters occupied by two or more persons not living together as a "single housekeeping unit." This land use classification includes boarding houses, dormitories, fraternities, sororities, and private residential clubs.' The intent of the proposed amendment is to classify any dwelling unit that is being leased separately to more than one person as a Group Residential facility. Group Residential facilities are only permitted in the Government, Educational, and Institutional Facilities (GEIF) District and only when associated with an educational or medical institution. Since. this use is not permitted in residential districts, violations can more easily be identified by reviewing the rental agreement(s). The use can then be abated, if necessary. The proposed amendment would revise this land use classification by adding a new subgroup for boarding and rooming houses. "Boarding or Rooming Houses" would be defined as any dwelling unit where more than one room is rented under more than one written or oral rental agreement. Therefore, if a dwelling, or any part thereof, is being rented under more than one rental agreement, it would be classed as a Boarding House or a Rooming House, neither of which are permitted in residential districts. It is also proposed that corresponding language be added to the definition of the terra "single house keeping unit" to provide further clarity and internal consistency. It should be noted that under the proposed amendment, any sublease of a dwelling unit or any part of a dwelling unit would meet the definition of a boarding house. Thus, a renter could not.rent a room or sublease the dwelling unit. Environmental Review: The proposed action is not defined as a project under the California Environmental Quality Act (CEQA) because it involves general policy and procedure - making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). Public Notice: Notice of this hearing was published in the Daily Pilot a minimum of 10 days in advance of this hearing consistent with the Municipal Code. This included an eighth page advertisement. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. ' This classification does not include group homes, sober living environments, and recovery facilities, which are classified as Residential Care facilities and are covered by State and federal anti - discrimination housing laws. Prepared by: atrick J. Alford Senior Planner Attachments: 1. Draft resolution. Group Residential Facilities October 19, 2006 Page 3 Submitted by: Patricia t. T emp e Planning Director RESOLUTION NO. " A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE ADOPTION OF CODE AMENDMENT NO. 2006 -005 (PA 2006 -198) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, on September 26, 2006, the City Council initiated amendments to Title 17 and Title 20 of the City of Newport Beach Municipal Code to revise land use regulations for Group Residential Facilities; and WHEREAS, a public hearing was held on October 19, 2006 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the Planning Commission finds as follows: 1. The City of Newport Beach has an ongoing code enforcement problem where rooms in dwelling units in single - family zoning districts are rented as individual dwelling units. 2. The rental of single - family dwelling units on a room by room basis to persons not living together as a single housekeeping unit constitutes a land use indicative of multi - family residential or boarding/rooming houses. 3. Single- family zoning districts are not designed for situations in which significant numbers of adults live in the same dwelling unit, which results in impacts to the infrastructure, the availability of on- street parking, and noise. 4. Boarding and rooming houses are not permitted uses in residential zoning districts, but enforcement is difficult because the types of improvements that constitute a separate or independent living facility are difficult to observe off- site and can easily be concealed or removed prior to inspection. 5. The Zoning Code needs to be amended to classify any dwelling unit that is being leased separately to more than one person as a boarding or rooming house. S City of Newport Beach Planning Commission Resolution No. _ Paqe 2 of 2 6. The adoption of these new land use regulations is necessary in order to protect the character of the City of Newport Beach's single - family residential neighborhoods. 7. The proposed action is not defined as a project under the California Environmental Quality Act (CEQA) because it involves general policy and procedure making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). NOW, THEREFORE, BE IT RESOLVED that based on the aforementioned findings, the Planning Commission hereby recommends that the City Council of the City, of Newport Beach adopt Code Amendment No. 2006 -005 to Title 20 of the Newport Beach Municipal Code as provided in Exhibit A. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF October 2006. AYES: NOES: :Ylll Jeffrey Cole, Chairman BY: Robert Hawkins, Secretary EXHIBIT A 20.03.030 Single Housekeeping Unit: "Single Housekeeping Unit" means the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit under no more than one written or oral rental agreement, including the joint use of common areas and sharing household activities and responsibilities such as meals, chores, and expenses. For purposes of the R -A and R -1 districts, a Single Housekeeping Unit's members shall also be a non - transient group. 20.05.030 (B) Group Residential. "Group Residential" means shared living quarters, occupied by more than one person, which lack separate kitchen and bathroom facilities for each room or unit, as well as shared living quarters occupied by two or more persons not living together as a Single Housekeeping Unit. This classification includes boarding houses, rooming houses, dormitories, fraternities, sororities, and private residential clubs, but excludes residential hotels (see Single -Room Occupancy (SRO) Residential Hotels, Section 20.05.050(EE)(4)). 1. Boarding or Rooming Houses. A residence or dwelling unit, or part combination thereof, whether or not the owner, agent or rental manager resides within the residence. EXHIBITA CA 2006.005 `1